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<br />- 2- <br /> <br />Conditions for the Easement <br />If the easement is granted, the owner shall comply with the following conditions: <br /> <br />1) TIME PERIOD - The EASEMENT shall be for a term of25 years and can be renewable. <br /> <br />2) PERMITS - The owner shall be responsible for securing and monitoring all required federal, <br />state, and local permits pertaining to Colorado waters and streams. <br /> <br />3) INSURANCE COVERAGE - The CWCB shall be named as an additional insured, and shall <br />have coverage in the amowlts established by the Colorado Govemmental Immwlity Act - part <br />one of article 10 oftitle 24, C.R.S., as amended. <br /> <br />4) FEE CONSIDERATIONS - A recommendation will be made that the fee consideration is <br />Method II for drainage projects, which is one dollar per square foot under the Board's fee <br />proVlsions. <br /> <br />5) RECLAMATION OF THE SITE - The reclamation plan and all site grading shall be developed <br />and provided to the CWCB for approval prior to the construction and completion of the project. <br /> <br />6) NON-EXCLUSIVE EASEMENT CLAUSE - Language will be stated in the easement that will <br />reserve the CWCB's right to grant additional easements on the same land covered by this <br />easement. <br /> <br />7) EASEMENT APPLICATION - The applicant and/or agent have complied with the provisions <br />of the Colorado Water Conservation Board Easement Guidelines for the Chatfield Downstream <br />Improvement Project dated November 2001. <br /> <br />Special fee considerations <br />CWCB Procedures for computing easement fees for the CWCB South Platter River Right of Way <br />Easements use three methods. Method I is the Market value method, Method II is the drainage value <br />method and Method III is for Govennnental Public Works Facilities. Method III states "Should it be <br />deemed by the Board that it is in the best interest of the general public, the Board may consider a special <br />assessment for a City, Town or COWlty on a case-by-case basis for an easement request." <br /> <br />Recommendation <br />Following a review by the AG's Office and CWCB staff for Agenda Item 27, staff recommends that the <br />Board: <br />Approve the construction easement and non-exclusive easement request for the storm water <br />drainage project for S & 0 Development on the CWCB right-of-way under Method II fee <br />considerations. Authorize staff to prepare the necessary easement documents and the Director to <br />execute said documents. It should be further recommended that the grantee should replace and <br />reclaim all existing easement/project features. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />