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File #: 22-212    Version: 1
Type: Resolution Status: Passed
File created: 3/28/2022 In control: Board of County Commissioners Business Meeting
On agenda: 5/24/2022 Final action: 5/24/2022
Title: Approval to Grant an Easement to Cherry Creek Valley Water and Sanitation District
Attachments: 1. Board Summary Report, 2. Easement, 3. Settlement Agreement, 4. Resolution
To: Board of County Commissioners

Through: Bryan Weimer, Director Department of Public Works and Development

Prepared By:
prepared
Robert Hill, Sr. Asst. County Attorney and Ryan Seacrist, PE, CIP Engineer III
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Subject:
title
Approval to Grant an Easement to Cherry Creek Valley Water and Sanitation District
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Purpose and Request:
recommended action
The Arapahoe County Board of County Commissioners is requested to approve the attached Easement Agreement and Special Conditions addendum granting a permanent easement to Cherry Creek Valley Water and Sanitation District (CCVWSD) for a water main on County owned property and to authorize the Chair to execute the easement on behalf of the Board and the County.
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Background and Discussion:
In April 2019, Arapahoe County commenced an Open Space trail and pedestrian bridge project near the intersection of Cherry Creek Drive South and Iliff Avenue. Public Works and Development Department provided contract management for the project, which involved the installation of a soil nail array for support for a retaining wall. The location for the soil nails, however, proved to conflict with an existing water main owned and operated by CCVWSD. As such, the installation of the soil nails resulted in one nail striking (but not puncturing) the water main and several other nails surrounding the water main. This situation inhibits access to the water main for maintenance purposes and any excavation within the soil nail array presents a threat of damage to the retaining wall.

CCVWSD filed a lawsuit against the County, its design consultants, contractor and the soil nail subcontractor alleging claims for damages to the water main. In settlement of that lawsuit, the parties entered into a settlement agreement, previously approved by the Board, by which the County agreed to relocate the water main at the soil nail array as part of the County's Iliff Avenue Operational Improvements project. The other parties ...

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