BOARD01678

• Board Meeting Date: 7/24/1995
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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May 17, 1950 (Pub. L. No. 516, 81st Congress, 2d Sess. (1950);
and,

WHEREAS, the Project is divided into three reaches, Reach 1
extending from Colorado Highway 470 to Brown Weir, Reach 2
extending from Brown Ditch Weir to Oxford Avenue, and Reach 3
extending from Oxford Avenue to Bear Creek; and,

WHEREAS, the primary purpose of the project is to provide
drainage and flood control and water flow regulation; and,

WHEREAS, the Corps and the Grantor entered into two agree-
ments which give the Grantor the responsibility of acquiring
land, easements, and rights-of-way for the Project and the duty
of maintaining and operating the Project after construction has
been completed; and,

WHEREAS, the Grantor has acquired certain fee title inter-
ests, rights-of-way, and easements within the Project
right-of-way for the purposes of constructing and maintaining the
Project; and,

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WHEREAS, the Grantor anticipates entering into agreements
with other entities such as the Urban Drainage and Flood Control
District and the Town of Columbine Valley to serve as its
designee to perform the Grantor's required maintenance and
operation of the Project; and,

WHEREAS, the Grantee and the Corps entered into an agreement
on May 25, 1988 in which the Corps conveys its permission to the
Grantee to construct certain enumerated Public Recreational
Facilities along the River Channel within Reach 2 of the Project
right-of-way, hereinafter referred to as the "Corps Agreement;"
and,

WHEREAS, the Grantor hereby agrees to allow the Grantee to
construct only the Public Recreation Facilities enumerated in
Exhibit D of the Corps Agreement only along certain portions of
the Project Recreation Lands of Reach 2 of the Project
right-of-way; and,

WHEREAS, the Grantor and the Grantee wish to further the
public purposes and benefits of the Project area; and,

WHEREAS, the Grantee wishes to protect the Grantor from
liabilities associated with the construction, maintenance and use
of the grant~e'!;__l'ublic Recreational Facilities located on the

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