BOARD00207

• Board Meeting Date: 11/19/2001
• Description: Flood Section - South Platte River Channel Project, Easement Request for the Kahn Construction Company, Denver, CO
• Board Meetings - Doc Type: Memo

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Conditions for the Easement - If the easement is granted, the grantee shall comply with the following
conditions: '. ,

1)
2)

TIME PERIOD - The EASEMENT shall be fot a tefIIl of25 years.

PERMITS - The grantee shall be responsible for isecuring and monitoring all required federal,
state, and local permits pertaining to Colorado watets 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 Immunity Act - part one of
article 10 of title 24, C.R.S., as amended.

4)

FEE CONSIDERATIONS. A recommendation /Nill be made that is in compliance with the
standard fee consideration for this request.

5)

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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-EXCLUSIVE EASEMENT CLAUSE - LlIIjguage 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.

7) NOTICE TO CWCB OF CHANGE OF OWNERSHIP OF PROPERTY - Because the Company
anticipates selling the development and conveying the easement to another party at point in the
future, the easement agreement will require the Company to notifY the CWCB prior to sale so that a
CWCB can ensure that the easement is assigned to :the new owner. ..

8) The applicant and/or agent have complied with the ,provisions of the Colorado Water Conservation
Board Easement Guidelines for the Chatfield Do~stream hnprovement Project dated November
2001, :

RECOMMENDATION
Following a review by the AG's Office and CWCB stafffor Agenda Item 16.b., staffrecornmends that the
Board:
Approve the construction easement and non-exclu~ive easement request of the Kahn Construction
Company, Denver, Colorado for the construction of a stormwater drainage system on CWCB
riglit-of-way - See attached map. Authorize staft to prepare the necessary easement documents
and the Director to execute said documents. The ~asement agreement shall require the grantee to
replace and reclaim all existing project features, ;

Flood Protection. Water Project Planning and Fihancing. Stream and Lake Protection
Water Supply Protection . Co~servation Planning

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