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File #: RES 2024-036    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/13/2023 In control: Town Council
On agenda: 4/2/2024 Final action: 4/2/2024
Title: Resolution Approving a Purchase and Sale Agreement for Water Rights and All Appurtenances and Easements Between Ranchview Investments, LLC and the Town of Castle Rock, Acting By and Through the Castle Rock Water Enterprise [along Indian Creek in northwest Douglas County]
Attachments: 1. Staff Report, 2. Attachment A: Resolution, 3. Exhibit 1: Agreement, 4. Attachment B: Location Map, 5. Staff Presentation
Related files: WC 2024-021

To:                     Honorable Mayor and Members of Town Council

 

Through: David L. Corliss, Town Manager

 

From:                     Mark Marlowe, P.E., Director of Castle Rock Water

                     Matt Benak, P.E., Water Resources Manager

 

Title

Resolution Approving a Purchase and Sale Agreement for Water Rights and All Appurtenances and Easements Between Ranchview Investments, LLC and the Town of Castle Rock, Acting By and Through the Castle Rock Water Enterprise [along Indian Creek in northwest Douglas County]

Body

________________________________________________________________________________

 

Executive Summary

 

Castle Rock Water (CRW) staff request Town Council approval of a Resolution approving a Purchase and Sale Agreement between the Town of Castle Rock and Ranchview Investments, LLC for their 25% interest in the Meadow Ditch water right, easements and appurtenances.  As part of a purchase and sale agreement the Town completed with Roxborough Water and Sanitation District (Roxborough) in July 2023, the Town acquired a 75% interest in the Meadow Ditch water right and desires to purchase the remaining interest in this water right. 

 

The purchase price is $828,000 and includes all of Ranchview’s interest in the Meadow Ditch water right, Lambert Reservoir No. 3 and all associated easements and agreements, including those that may be held by Valley Development Group, LLC.  CRW will put up $20,000 earnest money towards the purchase within ten days after the agreement is executed.  CRW will also pay the seller’s legal and consulting fees up to a maximum amount of $10,000.

 

The Meadow Ditch water has an 1866 appropriation date, and there are no downstream water rights on Indian Creek or Plum Creek with a higher seniority.  According to our water rights engineering consultant, this 25% interest in the water right may yield an average of 20.7 acre feet (AF) annually.  With these two water rights combined, the yield is approximately 71 AF per year, on average.  If we include the reusability of these water rights (all 71 AF), the total expected yield could be high as 135 AF.

 

Staff Recommendation

 

Staff and CRW Commission recommend that Town Council approve the Resolution approving the Purchase and Sale Agreement with Ranchview Investments, LLC. 

 

Proposed Motion

 

“I move to approve the Resolution as introduced by title.”

 

Alternative Motions

 

“I move to approve the resolution as introduced by title, with the following conditions: (list conditions).

 

“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”

 

Attachments

 

Staff Report

Attachment A:      Resolution

        Exhibit 1:      Agreement                      

Attachment B:      Location Map