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<br /> <br />..~ <br /> <br />~ <br />~,.'- <br />"I <br /> <br />Mr. Peter Vargas <br />Assistant City Manager <br />City of Englewood <br />May 2, 1984, page -2- <br /> <br />I have identified three alternatives by which the City could <br />grant authority to the Corps (through the CWCB) for entry onto <br />the City's property. These alternatives are discussed below. <br /> <br />1. Execute a "Right of En try. " A copy of the form used by <br />the Corps is attached together with a revision for the <br />South Platte Channelization Project. <br /> <br />2. Execute a contract amendment which would specifically <br />provide for the grant of a right-of-entry. This could <br />be accomplished by adding the following sentence to <br />paragraph A. 7 . : <br /> <br />Prior to the completion of the project, <br />grant the State a right-of-way to the <br />easement property by proper execution <br />and delivery of the instrument, a copy <br />of which is attached as Schedule C. <br /> <br />3. Execute a contract amendment which would provide for the <br />grant of an easement at the commencement of the project <br />rather than upon the completion of the project. This <br />could be accomplished by deleting the following language <br />from A.7.: "upon completion of the project." <br /> <br />Please review these alternatives to determine which would be <br />most expeditiously accomplished. <br /> <br />As a final note, the easement grant document is not acceptable <br />to the Corps as written. Gary Diede (City) and Jim Brasch <br />(Corps) have agreed upon lauguage to cure the problem. There /( <br />are also tecp~ical imperfections in the first paragraph of the <br />grant. If implementation of the chosen alternative above-stated <br />requires an amendment to the ordinance, we should amend the <br />easement grant at the same time. <br /> <br />Please contact me at your earliest convenience on this matter. <br />A status meeting with the Corps has been tentatively scheduled <br />for May 16, 1984. <br /> <br />Thank you for your assistance. <br /> <br /> <br />FOR THE ATTORNEY GENERAL <br /> <br />~A~c5(; hz~ <br /> <br />ET L. MILLER <br />EPUTY ATTORNEY GENERAL <br />atural Resources Section <br /> <br />JLM:fma/enclosure ~ <br />cc: David Walker <br />