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Department of Utilities
Reference: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE, APPROVING THAT CERTAIN SECOND AMENDMENT TO THE EASEMENT AGREEMENT BY AND BETWEEN THE CITY AND THE SEVENTH DAY ADVENTIST ASSOCIATION OF COLORADO, INC., AND AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT ON BEHALF OF THE CITY.
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Curtis Bauers, Utilities Director
Date Prepared: June 11, 2015
PURPOSE
To consider the a second amendment to the 2002 Easement Agreement granted to the City of Brighton by the Seventh Day Adventist Association of Colorado, Inc. to allow for the installation of a municipal water well of the church's property.
BACKGROUND
The City of Brighton was granted an Easement in 2002 by the Seventh Day Adventist Association of Colorado, Inc. to re-install a well, formerly known as the Schwarz Well, at the rear of the Seventh Day Adventist church property at 567 Bromley Lane. That well was installed and operated as a non-potable supply under the Central Colorado Water Conservancy District augmentation contract until 2007. In 2007 that Easement Agreement was amended to account for the loss of augmentation credits to operate the well, in addition to other operational problems with the well. That Amendment allowed for the continued operation of the irrigation system at the church, and an extension of that system to irrigate the Bromley median, utilizing a potable supply. It allowed for a slightly reduced rate for that irrigation, but still resulted in a significant increase from the non-potable rate that had originally been approved. This Second Amendment is intended to honor the potable rate that was intended in 2007, and represents a compromise from the newly adopted 2015 separate irrigation rate. It also allows for the potential use of the well in the future and t...
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