BOARD00298

• Board Meeting Date: 5/22/2000
• Description: Flood Section - South Platte River Floodplain Project - Right-of-Way Action
• 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) TIME PERIOD - The EASEMENT shall be for a term of 25 years with renewal
provisions.

2) PERMITS - The grantee shall be responsible for securing and monitoring all required
federal, state, and local permits 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 Immunity
Act - part one of article 10 of title 24, lOa C.R.S., as amended.

4) FEE CONSIDERATIONS - As with the existing easement to the District, the
consideration shall be a fee of ten dollars and the general public benefit that will result
from the easement.

5) RECLAMATION OF THE SITE - The Grantee will be required to prepare a reclamation
plan and provide the plan to the CWCB for approval prior to the termination of the
easement agreement for the restoration of the vegetation cover on the left overbank areas
if applicable at the termination of this easement agreement.

6)

NON-EXCLUSIVE EASEMENT CLAUSE - The easement agreement will contain
language reserving the CWCB's right to grant additional easements on the same land
covered by this easement.

.

REQUESTED EASEMENT

Action Requested:
The staff requests the Board to grant an easement to the South Suburban Park and Recreation
District on and over the Project Flood Conveyance Area of the South Platte River Channelization
Project for recreational user activities on the River within the CWCB project right-of way
(ROW).

RECOMMENDATION

Following a review by the AG's Office and CWCB staff for Agenda Item 5, a recommendation is
as follows:

Approve the easement request to the South Suburban Parks and Recreation District
(District) for recreational activities on and over the Project Flood Conveyance Area as
referenced on Exhibit A. Authorize staff to prepare the necessary easement documents
and the Director to execute said documents. It should be further recommended that the
grantee shall not place any new markers or signs within the easement without written
approval of the CWCB staff. The consideration for the easement shall be ten dollars and
the general public benefit that will result from the easement.

L/boardmem/may2000/Agenda item 15a.doc

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