BOARD02391

• Board Meeting Date: 3/21/2002
• Description: Flood Section - South Platte River Easement Request - South Suburban Parks and Recreation District, Littleton, CO
• Board Meetings - Doc Type: Memo

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in harmony within the CWCB project right-of-way with certain subordination requirements stated in the
) agreement. .

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

1) TIME PERIOD - The EASEMENT shall be fora term of25 years and can be renewable,

2) PERMITS - The owner 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 hnmunity Act - part
one of article 10 of title 24, lOa C,R.S" as ameJlded,

4) FEE CONSIDERATIONS - A recornmendatipn will be made that is in compliance with the
standard fee consideration for this request under the provisions of Method ill.

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 of the project.

)

NON-EXCLUSIVE EASEMENT CLAUSE -Language will be stated in the easement that will
reserve the CWCB's right to grant addition~l 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.

6)

Suecial fee considerations
CWCB Procedures for computing easement fees fpr the CWCB South Platter River Right of Way
Easements use three methods, Method I is the Mar~et value method, Method IT is the drainage value
method and Method ill is for Governmental Public Works Facilities. Method ill states "Should it be
deemed by the Board that it is in the best interest oftlie 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
Following a review by the AG's Office and CWCB staff for Agenda Item 23,b" staff recommends that
the Board: !
Approve the construction easement and non~exclusive easement request for the Big Dry Creek
Trail, Englewood, Colorado for the South' Suburban Park and Recreation District for the
construction of a pedestrian bridge and conriecting trail features on CWCB right-of-way under
Method ill 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 project features,

)

A: agenda item 123.b.soplatte row.eas.mar02 !
L: boardmemlmarch2002/agenda item 23b - Easement request South Subur1;lan Parks and Rec.

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Flood Protection. Water Project Planning a;nd Financing. Stream and Lake Protection
Water Supply Protection '. Conservation Planning