Town of Foxfield

UPDATE ON WATER SYSTEM

The Latest Information Regarding the Foxfield Water System

During the last few weeks a lot of progress has been made on the Foxfield water system. On May 22, 2002, water pressure and quality tests were completed for Foxfield’s water distribution system and for the 36-inch regional water pipeline which runs down Easter Avenue and Waco Street, allowing the long delayed repair of Easter Avenue and Waco Street to begin. The repairs were not in time to prevent school buses from getting stuck on Waco Street. On May 23, Grimm Construction began to replace the road base on Easter and Waco. Inspections and comments from Foxfield residents indicate other roads are in better shape. Many roads still need more road base, but if traffic does not decrease, they will be very difficult to maintain.

The Arapahoe County Water and Wastewater Authority (“ACWWA”) approved the use of “Public Improvement District” funds to purchase the deep water rights which it is obligated to buy from Foxfield property owners. The procedure for conveying those water rights is the same for those who want to tap into the system (or to just prepay the tap fee) as it is for those who want to receive payment for their water rights but do not want to tap in. If you want to connect or to prepay the $7200 ACWWA tap fee, the value of your deep water rights will be credited against the tap fee. If you committed to exchange your deep water rights and do not want to connect to the water system or prepay the tap fee, ACWWA is contractually obligated to pay for the water rights when a water deed and, if necessary, a partial release are presented to ACWWA.

In order to obtain either cash or credit for the deep water rights you must complete a set of documents. Steve Sullivan has prepared and obtained pre-approval of the documents, but it is your responsibility to obtain the signatures and acknowledgments necessary to complete them. To obtain documents for your property, call Gordon Kenney at (303) 766-7826. He will ask you to provide information regarding your property and then provide you with the documents. Each property owner will have to complete and execute a special warranty deed. Anyone who wants to connect to the system will also have to sign a water supply agreement to comply with state law. If you property is encumbered by a mortgage, deed of trust or similar lien, then you must also obtain a partial release of the encumbrance from your lender. Obtaining this partial release may take a few weeks and in some cases may be difficult because most residential lenders are not familiar with the process for selling water rights. Because this is not a standard procedure for residential lenders, you are strongly advised to obtain a name and telephone number of someone with your lender and call them frequently to ensure that the partial release in not delayed.

Because of construction delays, Foxfield withheld some money due ACWWA, and there is a dispute over some costs. There are still a few meter pits and some lines which need to be connected, but it appears the water project is finally entering its last stage. Foxfield will pay the undisputed amounts to ACWWA, after which Foxfield’s agreement with ACWWA requires ACWWA to connect a property to the water system within 30 days after documents are provided to ACWWA. Anyone whose assessment payments are not current, however, will not be able to connect to the system. IF YOU NEED TO CONNECT SOONER BECAUSE OF WATER OR WELL PROBLEMS, PLEASE LET STEVE SULLIVAN KNOW AS SOON AS POSSIBLE AT (303) 680-8494.