BOARD00023

• Board Meeting Date: 3/16/2004
• Description: Flood Section - Easement S.A. MIRO, Inc. Request for The Denver Seminary ‎(South Platte River in Littleton, CO)‎
• Board Meetings - Doc Type: Memo

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totaling 1,200 square feet (see attached map). The proposed project will be designed and constructed by .
S. A. MIRO, INC on behalf of The Denver Seminary. The staff finds that the proposed use will work in
hannony within the CWCB project right-of-way with certain subordination requirements stated in the
easement agreement.

Conditions for the Easement
If the easement is granted, the owner shall comply with the following conditions:

I) TIME PERIOD - The EASEMENT shall be for a term of 25 years and can be renewable.

2) PERMITS - The owner shall be responsible for securing and monitoring all required federal,
state, and local pennits pertaining to Colorado waters and streams.

3) INSURANCE COVERAGE - The CWCB shall be named as an additional insured, and shall
have coverage in the amounts established by the Colorado Governmental Inununity Act - part
one of article 10 of title 24, C.R.S., as amended.

4) FEE CONSIDERATIONS - A recommendation will be made that the fee consideration is
Method II for drainage projects, which is one dollar per square foot under the Board's fee
provisions.

5) RECLAMATION OF THE SITE - The reclamation plan and all site grading shall be developed
and provided to the CWCB for approval prior to the construction and completion of the project.

6)

NON-EXCLUSNE EASEMENT CLAUSE - Language will be stated in the easement that will
reserve the CWCB's right to grant additional easements on the same land covered by this
easement.

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7) EASEMENT APPLICATION - The applicant and/or agent have complied with the provisions
of the Colorado Water Conservation Board Easement Guidelines for the Chatfield Downstream
Improvement Project dated November 2001.

Soecial fee considerations
CWCB Procedures for computing easement fees for the CWCB South Platter River Right of Way
Easements use three methods. Method I is the Market value method, Method II is the drainage value
method and Method ill is for Governmental Public Works Facilities. Method ill states "Should it be
deemed by the Board that it is in the best interest of the general public, the Board may consider a special
assessment for a City, Town or County on a case-by-case basis for an easement request."

Recommendation
Following a review by the AG's Office and CWCB staff for Agenda Item 5, staff recommends that the
Board:
Approve the non-exclusive easement request and a 10- foot construction easement extending
10- feet on the right and left sides of the 10- foot easement for the storm water drainage project
for The Denver Seminary on the CWCB right-of-way under Method II fee considerations.
Authorize staff to prepare the necessary easement documents and the Director to execute said
documents. It should be further recommended that the grantee should replace and reclaim all
existing easement/project features.
Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning