Plans are being made by the City of Denver to obtain at least 25 acres for flood control by immediate possession but plans also include closing and fencing the entire course for a two year period after which they plan to return it as a golf course if required. Those plans were revealed at the Dec 5 Finance and Government committee. Please view 00:34:41. Questions by Council Woman Robin Kniech revealed 2 plans, plan A and plan B 00:50:11
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What we know now is the city needs to obtain rights to a portion of the golf course to proceed with the design of their drainage project so that construction can begin in January of 2019. As such the city will be filing a land acquisition ordinance (LAO) that will be considered by City Council in December. This LAO will allow the City to obtain rights to a maximum of 90 acres of property, likely this will be through a temporary easement for the 90 acres to allow for construction and a permanent easement for a smaller footprint once the drainage project is complete.
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Whereas, on September 21, 2017, a complicated proposed contract between Denver and Clayton was publicly released (likewise on the INC website) that, among other things, would divide the 155 acres of Park Hill Golf Course into 2 parcels – 50% of the property that would be sold in fee title directly to Denver for $10 million (Art. 2) and the remaining 50% that would be “leased” to Denver (Art. 3.1) but also subject to potential sale to third parties depending on the outcome of a “Visioning / Master Plan” process (Art. 7); and
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THE PROPOSED CONTRACT ALLOCATES NO VALUE TO DENVER’S DEVELOPMENT RIGHTS, AND INSTEAD SIMPLY GIVES AWAY THIS VALUABLE PROPERTY INTEREST OWNED BY THE TAXPAYERS OF DENVER.
The amount of value being given away is staggering – over $20 million!
The citizens of Denver are entitled to the increase in value of the development rights that have occurred between 1997 and 2017
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1982 – The Colorado Attorney General’s Office files a lawsuit to remove the City and County of Denver as the Trustee of the George W. Clayton Trust for the City’s alleged self-dealing with the Trust’s assets, including the Park Hill … READ MORE
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Proceeds from Future Sales of Property.
(a) Following the Initial Closing Date, and until such date as the ECE
Funding Goal is achieved, the Trust shall be entitled to seventy-five percent (75%) of the Net
Sales Proceeds from any sales of the Property, and the City shall be entitled to twenty-five
percent (25%) of such Net Sales Proceeds. As used herein, “Net Sales Proceeds” shall mean the
gross sale proceeds, less any brokerage commissions and closing costs, but expressly excluding
any attorneys’ fees or other costs incurred by the City or the Trust in connection with any such
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The city originally acted as the trustee for the assets left behind when George Clayton died in 1899. The golf course previously was agricultural and dairy land, and the government managed it as a city golf course starting in 1932. Until 1982, the city itself owned the golf course land. Then it gave the deed over to the George W. Clayton Trust.
City Council members in the late 1980s considered trying to buy the land back from Clayton. Instead, the city paid Clayton for a promise not to develop the land.
In exchange for $2 million, Clayton agreed in 1997 to a “conservation easement,” which says the land can’t be used for anything but golf and related activities.
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