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C150312 feas study
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C150312 feas study
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Last modified
6/9/2011 10:21:27 AM
Creation date
7/28/2010 3:19:07 PM
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Template:
Loan Projects
Contract/PO #
C150312
Contractor Name
Swan's Nest Metropolitan District - Water Enterprise
Contract Type
Loan
Water District
36
County
Summit
Loan Projects - Doc Type
Feasibility Study
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� <br />� included all tracts including Tract B. BMDC eventually developed Swan River Ranch <br />and remained in control of SNMD. The PUD for The Villas specified water from SNMD <br />and Summit County Planning Department signed SNMD building permit and <br />� completion. BMDC floated the Bond Issue and re-bonded in 2002 without any problem <br />with the Bond Company. This problem should have been discovered rnany times <br />� over but it was not. Settling this matter by the acquisition of clear title to the water <br />rights will rectify these many mistakes and failures by public, private, title companies <br />and developers. <br />� March 11, 1997. Lease and Sublease Agreement both signed by Greg Timm for BMDC <br />and SNMD. Water is from well #6 and is only for "in-house" use by Tiger Run, no <br />� irrigation, not even an outside flower pot according to Colorado Water Law; and no <br />washing of Recreafional Vehicles. Tiger Run Utility Company is responsible for all <br /> '� repairs and maintenance to tanks, lines, wells, etc. <br />1998 BMDC Quitclaim Deed all open space tracts "together with all and singular the <br />appurtenances and privileges thereunto belong or in anywise and claim whatsoever, of <br />the grantor, either by law or equity, to the only proper use, benefit and behoof of the <br />grantee, its heirs and assign forever". <br />About 2003 Tract G Deeded to Summit County Open Space as part of revision of PUD <br />giving Tract D(Swan's Nest) the right to 4 SFE's serviced by SNMD, if requested. <br />2006 SRR Owners Association formed and at this time we realized that there were <br />serious questions regarding the water rights. <br />2007 At a Special Board Meeting of SRROA board agreed to hire an attorney to <br />evaluate three items. <br />1. How might the Quitclaim Deed dated Dec. 15, 1998 have impacted the water <br />rights held by BMDC? Were water rights included in description of rights? <br />2. Can the developer, BMDC, withhold water rights from SRR? (Later expanded to <br />include all properties served by SNMD). <br />3. What action(s) should SRROA or SNMD take to ensure we have long term water <br />service. <br />2007 Documents provided to Jay Cope, his review suggested that we had a case to <br />claim an equitable ownership of the water rights under the circumstances but that it was <br />not a certainty. tt was also determined BMDC did hold record title to the water rights. <br />s 2008 After discussions and acceptance from SNMD Board that the problem was a <br />District problem we resolved in May to write to BMDC and "demand" 6 acre feet of <br />� water, leave the question of Tiger Run water open (no response from Tiger Run on this <br />issue, was being "studied") and buy 2 acre feet at market price. Shortly (days) after this <br />� � <br />� <br />
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