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<br />, ," <br />,}eo,; <br />.~ <br /> <br />AGREEMEN!' <br />REGARDING THE INTENT TO ASSURE THE FLO<m <br />ROUTING CAPABILITIES OF BU~LINGTON-NORTHERN RAILROAD <br />CROSSINGS OF BIG DRY CREEK AND WALNUT CREEK <br />AND U. S. 36 CROSSING OF BIG DRY CREEK <br />(Agreement No. 8b-ct?t~ <br /> <br />THIS AGREEMENT, made this ~"- day of li~~('c2...... 1989, by and <br />between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter <br />called "DISTRICT"), and the CITY OF WESTMINSTER (hereinafter called <br />wCITY"), also both collectively referred to as "PARTIES," <br /> <br />wl'nNESSETH THAT: <br /> <br />WHEREAS, several of the major <tta1nageways within, or flowing into, the <br />DISTRICT have roadway or railroad embankments located on them; and <br /> <br />WHEREAS, some of these embankments, by virtue of their size and their <br />bridge or culvert configuration, provide significant but inadvertent flood routing <br />capabilities which reduce the lOO-yelU' flood discharge downstream from the <br />embankments; and <br /> <br />WHEREAS, the owners of such embankments can, and on occasion do, make <br />changes to their. embankment and bridge or culvert configurations, up to and <br />including removal of the structure; and <br /> <br />WHEREAS, it would be unwise public policy to rely upon these <br />embankments for any flood protection; and <br /> <br />WHEREAS, the DISTRICT has previously adopted a "Policy for Delineation <br />of Floodplains Below Roadway and Ratlroad Embankments" (Resolution No. 45, <br />Series of 1988); and <br /> <br />WHEREAS, the Policy requires that embankments not be considered in the <br />drainageway hydrology. unless adequate assurances have been obtained by the <br />ExeCutive Director to preserve theflO<)d routing capability of the embankments <br />and their flood pools; and <br /> <br />WHEREAS, the Burlington Northp.m Railroad crossings of Big Dry Creek <br />and Walnut Creek and the U. S. 36 (Denver-Boulder Turnpike) crossing of Big <br />Dry Creek provide significant, inadvertent flood routing capabilities, which reduce <br />the lOa-year discharges downstream froItl the embankments; and <br /> <br />WHEREAS, CITY, which is the chief beneficiary of the flood routing <br />capabilities, desires to recognize the flood routing capabilities of the <br />embankments; and <br /> <br />WHEREAS, it is the PARTIES' desire to obtain adequate assurances so <br />that the flood routing capabilities of the embankments can be recognized; and <br /> <br />WHEREAS, DISTRICT, in cooperation with CITY, is completing a master <br />plan for Big Dry Creek and tributaries; <br /> <br />NOW, THEREFORE, in consideration of the mutual promises contained <br />herein, the PARTIES hereto agreP. as follows: <br />