BOARD02337

• Board Meeting Date: 1/27/2004
• Description: Flood Section - Easement Request for Semper Development Ltd. ‎(South Platte River in Littleton, CO)‎
• Board Meetings - Doc Type: Memo

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

1) TIME PERIOD - The EASEMENT shall be for a term of25 years and can be renewable.

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

3) INSURANCE COVERAGE - The CWCB shaIl be named as an additional insured, and shaIl
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 will be made that the fee consideration is
Method III for Governmental Public Works Facility, which is for special considerations by the
Board. The consideration for this case is that no fee wiIl be assessed for the requested easement
area.

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 ofthe project.

6) NON-EXCLUSIVE 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.

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.

Special 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 IT is the drainage value
method and Method III is for Governmental Public Works Facilities. Method III 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
FoIlowing a review by the AG's Office and CWCB staff for Agenda Item 6, staff recommends that the
Board:
Approve the construction easement and non-exclusive easement request for the sidewalk project
for Semper Development Ltd. on the CWCB right-of-way under Method III 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