HomeMy WebLinkAbout8 - Recommendation to authorize the City Manager to terminate the existing 2001 Water Conveyance FacCITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
AGENDA ITEM
MEETING DATE: October 15, 2007
AGENDA TITLE: Consideration of a recommendation to authorize the City Manager to
terminate the existing 2001 Water Conveyance Facility Easement for Lakewood Pipeline and
execute a new 2007 Water Conveyance Facility Easement with the United States Department
of Agriculture, Forest Service.
PRESENTERS: I
Ned Williams Duector ofPublic Works forUtilities
EXECUTIVE Si1MMARY:
The city of Boulder and the United States of America (through the United States
Deparhnent of Agriculture, Forest Service (FS)) entered into a Water Conveyance Facility
Easement (Attachment A) for Lakewood Pipeline on Dec. 18, 200I. The pipeline was
constructed in 2002-2004 and placed into service in May 2004. A settlement agreement
related to the construction defect lawsuit between the city, conshuction contractor, pipe
manufacturing company and various insurance companies was approved by City Council
on 7uly 18, 2006.
It was laiown during the settlement discussions that the FS intended to attempt to revoke
the 2001 easement unless changes to the language of the Water Conveyance Facility
Easement were approved. These changes were required as a result of the non-compliant
pipe and will: (1) increase the liability insurance amount carried by the city; and (2) adds a
new section regarding "suspension" of the easement. Staff anticipated during the
settlement discussions that any additional insurance premiums would be paid out of the
settlement proceeds.
The City Council is scheduled to consider this agenda item at its October 16 City Council
meeting (the day after the WRt1B meeting.) Staff will inform Council on October 16 of
the results from the WRAB meeting.
STAFF RECOMMENDATION:
Staff recommends that City Council pass a motion to authorize the City Manager to
execute the Termination of Easement (Attachment B) of the 2001 easement and to execute
a new 2007 Water Conveyance Facility Easement (Attachment C) for Lakewood Pipeline
with the FS.
COUNCIL FILTER IMPACTS:
Economic: The resolution of a new easement will allow the city to continue to provide
reliable water service to all its commercial, industrial and residential customers without an
Page 1
interruption of service. Customers depend on and expect a water service to support their
business and residential needs. A revocarion of the easement or a pipeline failure each had
the potential to interrupt water service and disrupt business needs, services and residential
life.
Envimnmental: There are not any direct environmental impacts as a result of the new
easement. The new easement is specific about each party's responsibility related to
environmental damage or contamination
Social: None
OTHERIMPACTS:
Forest Service: Portions of Lakewood Pipeline occupy Narional Forest System lands. The
FS is concerned about a greater risk of catastropluc failure and an increased risk over the
longer term for potentially more and larger leaks in the pipeline than had been considered
when the environmental analysis for the proj ect was done (prior to the construction of the
pipeline). The FS has stated its intent to revoke the 2001 easement unless the city pmvides
a number of additional assurances, includiug revision of the easement liability clause to
provide additional insurance wvecage for losses due to personal injury, loss of life, or
pmperty damages associated with use of the easement.
Fiscal: The 2007 easement will allow the city to continue to provide reliable water service
to its customers without the additional costs and uncertainties of the FS' actions related to
revoking the 2001 easement. The FS is requiring insurance coverage that will cost the city
an additional$10,000-$15,000 per yeaz. The additional insurance premium costs will be
paid out of the pmceeds resulting from the 2006 Settlement Agreement, from which the
proceeds totaled $15 million and were placed in the Lakewood Pipeline Remediation
Reserve (in the Water Utility) to be used for ongoing monitoring, testing, repair,
maintenance and replacement of the pipeline.
ANALYSIS:
The FS has requested the following substantive changes (shown in Attachment C) to the
2001 easement:
1. Section 7. LIABILITIES be revised to address the additional risk perceived by the
FS as a result of the non-compliant pipe and to reflect more cutrent, standard
language used in FS pernuts. The changes involve indemnity provisions, insurance
provisions and environmental liability pmvisions and strict liability pmvisions.
The 2001 easement requires $1 million of insurance coverage and the 2007
easement requires $3.5 million of insurance coverage. The annual cost to the city is
approximately $10,000 -$15,000/year. The additional insurance will benefit the FS
by allowing the non-compliant pipe to remain while protecting the FS from possible
claims resulting from a pipeline break or malfunction that might damage National
Forest System property or people. If approved by the Council, the city would not
sign the 2007 easement until the additional insurance had been purchased.
The city is evaluating a proposal from an insurance carrier. The proposal is
Page 2
considered a"first doliar" loss policy, meaning that there is not a deductible
amount. This is an advantage and benefit when compared to the city's primary
coverage, which is self-insurance, and then supplemented and enhanced with
additional private insurance coverage.
Section I O.E. IMMEDIATE SUSPENSION, be added. The "Immediate
Suspension" language upon which the FS insisted (Section 10.E. of the proposed
easement) would allow the FS to quickly suspend the easement, but only if
necessary "to protect pa~blic health and safery or the environment." It is important
to note that the negotiated language does not allow immediate suspension for every
technical violation of the easement agreement. Also, the FS would be precluded
from shutting down the pipeline unless "its use" can be demonstrated to be "the
cause of conditions warranting a suspension." In practice, this clause would
probably only become relevant if the pipeline sprung a serious leak or ruptured, and
thus endangered public health, safety and the environment. However, in such a
situation, the city would have no practical choice (quite aside from any FS action)
other than to shut off the flow of water through the pipeline until repairs could be
made. In that regard, the language in the easement agreement provides that the city
will have an opportuniry to correct and fix problems and have any suspension
cancelled. On balance, while the city negotiators did not feel that this new clause
was necessary, they also felt that the language - in its final negotiated form - was
acceptable.
While staffbelieves the city is in compliance with the 2001 easement and that a new 2007
easement may not be necessary, staff does recommend and support the new 2007 easement.
The new conditions are not overwhelming nor do they present a substantial financial
burden to the city. The city and FS need to work together on this project and other projects
where jurisdictions overlap. Both parties have negotiated to find a mutually agreeable
solution to their concems for this solution.
Alternafives to consider include:
1. Approve the proposed 2007 easement and termination of the 2001 easement (Staff
Recommendation)
2. Approve the proposed 2007 easement with additional changes and revisions. This
approach would require staff to continue to negotiate with the FS staff to see if the
additional changes and revisions are acceptable.
3. Do not approve the proposed easement. This approach would cause the city to rely
upon the 2001 easement. The FS would then need to decide if it wants to pursue the
revocation of the 2001 easement, which is an administrative proceeding.
Attachments:
A- Existing Water Conveyance Facility Easement, December 18, 2001
B- Proposed Termination of Easement of the 2001 Easement
C- Proposed 2007 Water Conveyance Facility Easement (includes Exhibit A)
Page 3
ATTACHMENT A
WATER CONVEYANCE FACILITY EASEMENT
THIS EASEMENT, is issued this ~_ day of ~rn~r, 2001, by the LJNITED
STATES OF AMERICA, acting by and through the Forest Service, Department of Agriculture,
hereinafter called Grantor, to [he City of Boulder, a home rule city, of the State of Colorado,
hereinafter called Grantee.
WHEREAS, Gran[ee has applied for an easement under Sec[ion 501 of the Federal Land Policy
and Managemen[ Act of October 21, 1976, as amended, for a water conveyance facility loca[ed on
lands owned by the United States on the Roosevelt National Forest, in the County of Boulder, State
of Colorado.
WTTNESSETH
NOW THEREFORE, Grantor, for and in consideration of the payment of an annual use fee paid
by Gran[ee, does hereby grant to Grantee, subject to existing easements and valid rights, a
nonexclusive easemen[ for occupancy wi[h a wa[er conveyance facility of lands across the following
described lands in the County of Boulder, State of Colorado:
3hown on the map(s) contained in Exhibit A, attached hereto and incorporated herein, as
provided by Grantee and hereby accepted by the Grantor. Exhibit A shall be modified by mutual
a;reement of Grantee and Grantor upon completion of construction and based upon as-built surveys
and plans.
Authority. This easemen[ is issued pursuant to the authorities enumerated at Title 36, Code of
Federal Regulations, Section 251 Subpart B, as amended. This easement, and the-ac[ivities or use
authorized, shall be subject to the terms and conditions of the Secretary's reb lations, provided that
nothing in this easement shall add to or take away from any of the rights Grantee has to challen;e
these regula[ions.
This easement is issued subject to the following terms, provisions, and conditions applicable to
Grantee, its permittees, contractors, assignees, and successors in interest.
1. AUTHORIZED USE. This easement authorizes only the right-of-way for a water conveyance
faci]ity and access to the facility described and operated as specified herein.
2. TENURE. This .easemen[ shall con[inue for as long as the above described lands for the water
conveyanee facility is used, operated, and maintained in accordance with the terms and condi[ions
herein described.
3. FEES.
A. Gran[ee shall pay annually in advance a sum determined by the Grantor to be the fair
macket value of the use rights granted by [his easement. The initial payment is set at 3 814.28 for
the remainder of [he calendaz year. Subsequent payments shall. be the re~ait~i~ amount of 3 814.28
for each calendar yeaz until further no[ice. The Grantor may adjust amount of payment annually by
an appropriate factor to reflect more neazly the fair mazket value of the use, so long as such
adjustment is made for other such similaz uses. A[ certain intervals the Grantor shall review the fee
struc[ure and may adjust the fee as necessary to assure that it is commensurate with the fair market
value of the authorized rights and privileges, as determined by appraisal or other sound business
managemen[ principles. The land use rental fee will be reviewed after the as-built surveys and plans
are accep[ed and made a part of this easement as Exhibit A.
B. Grantor shall be responsible for bilting Grantee on an annual basis for amounts due.
Bilts will be sent to the Directot of Public Works, City of Boulder, P.O. Box 791, Boulder, CO, 8.0306,
and shall be due within 45 days of receipt of billing. Failure of Grantee [o make the annuai payment, any
late payment charge, or other charges when due shall cause the easement to terminate. Grantee shall be
notified of cancellation prior to termi~ation of this easement.
C. Grantee shall pay an interest chazge on any fee amount not paid by the payment dye
date. Interest shall be assessed using the most current rate prescribed by the United States Depamnent of
Treasu .ry Fiscaf Requirements Manual (TFRN-6~8020.20). Interest shall accrue from the date the fee
payment was due. In addition, certain processing and handling administrative cosu may be assessed in
the event the account becomes delinquent and added to the amounts due.
D. A penalty of 6 percent per year shall be assessed ori any fee amount overdue in excess
of 90 days from the due date of the first billing.
E. Payments will be credited on the date received by the des'ignated collection officer or
deposit location. If tfie due date(s) for any of the above payments or fee calculation statements fa11 on a
non-workday, the charges shall not apply until the close of business of the next workday.
4. TRANSFERABILITY. This easement is transferable.
S. CONSTRUCTION, OPERATION and MAIIVTENANCE.
.-0,. Grantee shall submit to Grantor plans for construction, reconstruction, and repair of
improvements on the easement.area; as well as revisions of snch plans. Such plans must be prepared by a
iicensed engineer. Such plans must be approved in writing bp the Grantor or a designated representative
before the commencement of any work, pursuant to the requirements of ,43 USC 1761(b) (1). Grantee
may be required to fumish as-built plans, maps, surveys, construction and restoration performance
guarantees, or other similaz information. Review of plans by Grantor shall be completed. within 40
working days of receipt by Grantor and approval shall not be unreasonably refused. Under emorgency
repair situadons, there may be exceptions to this process, but groper notification by Grantee to Grantor
and the intent of the coordination and cooperation of this paragraph apply.
B. Grantee shall maintain the improvements and easement area to standazds of repair,
orderliness, neatness, sanitation, and safety acceptable to the Grantor, and consistent with applicable
Federal, State, and lacal health and safety requirements.
C. GraztEee shall operate the facility in accordance with the agreement dated July 20, 1990,
as amended Decamber 1'4, 1990 and h~Iay 26, 1992, between Grantee and the'Colorado Water
Conservation Boazd, and.the Colorado Water Cbnservatinn Boazd ResaluGon of November 10, 1993,
(the "CWCB Agreement') in so faz as such agreement provides for minimum instrearn flows on North
Boulder Creek and the mainstem of $oulder Creek within the boundaazies of the Roosevelt National
Forest. It is the inient of Grantee and the Grantor that the opecation of the facility in accordance with.the
above referenced agreements wili, in combination with nacural stream flows, result in flows of S.O cubic
feet per second (cfs) in Norch Boulder Creek on National Forest System lands from April 1 through
September 30 of. each year and 2.Q cfs from October 1 through Mazch 31 of each year, except when the
natutal flowris les~ than the miniinum stream flows described above, in which ~ase the minimum bypass
will equai the inflow. Aowever, Grantee shall only be responsible for meeting the re4uirements af the
CWCB Agceement including conditions addressing drought and other emergency situations.
D. Grantee shall notify Grantor qf any changes or modifications to the ~WCB Agreement
which impact the amount.of water being provided for instream flow purposes: Grantor will notif3~
Grantee within thirty (30) days of such notification whether such modified agreeinent condnues to
satisfy the flows required for aquatic liabitat maintenance referenced above. However, notwittistanding
any changes•.that may occur, Grantee covenants to maincain the level of flows set foith in the C:WCB
Agreement for the duration of this easement.
__ _ E_ Gran~e~agLers_that_for the-duration-of this-easement, ihshall no[ consenrto any CVJCB
request tha[ [he dedicated water rights [hat are included in the CWCB Agreement be alienated or
subordinated to any other user.
F. Nothin~ in this easement, or its terms and conditions, shall create an obligation in
Grantee for provision of water or interests in water for instream flow purposes or any other purposes
beyond those referenced in [he CWCB Agreement.
G. Grantee shall limit direct flow diversion in[o and direc[ flow transpoRation by the
facility authorized by this easement to no more than an average of twenty (20) million gallons per day
(mgd) during the period of May 20 through Iune 20 of each year.
H. Grantee will not use fire or herbicides on the authorized right-of-way except as
permitted in wri[ing by the Grantoc
6. EMERGENCY REPAIRS.
A. If the uses and facility authorized by this easemen[ aze allowed to deteriorate to the
poin[ of threatening persons or property, and Grantee, after notification by the Gran[or, refuses to
perform the repairs and maintenance required to remove the threat to persons or property, Grantor shall
have the right to undertake such repair and maintenance and [o assess Grantee for the costs of such
repair and maintena[~ce, regazdless of whether Grantor had required Grantee to fumish a bond or other
security.
B. If an emergency condition occurs with the water conveyance facility authorized by this
easement that presents an immediate t6reat to property or persons, Grantee shall be allowed to proceed
with such emergency repairs immediately, and shall notify Grantor as soon as practicatile and fumish
plans, maps, surveys, or other similaz information, upon completion of the emergency repairs.
7. INDEMNIFTCATION. To [he extent allowed by law, Grantee shall indemnify the United
States against ]iability for any and all injury, loss, or damage, including fire suppression costs, that the
United States may suffer as a result of c]aims, demands, losses, or judgments caused by Grantee's use or
occupancy under this easement.
LIABILITY.
A. Grantee is liable for and agrees to repair damage to National Forest System lands
caused by Grantee's. negligence, intentional acu, or of failure to comply with the terms and conditions of
this easement or of any law or regulation applicable to the National Forests.
B. Grantee shall have in force public liability insurance covering:
(I) property damage in che amount of fifty thousand dollazs ($50, 000), and (2) damage to persons in
the minimum amount of one million dollazs ($1,000,000) in the event of death or injury to one
individual, and the minimum amount of one million dollars ($1,000,000) in the event of death or injury
to more than one individual. The coverage shall extend to properiy damage, bodily injury, or death rising
out of Grantee's activities under the easement including, but not limited to, the occupancy or use of the
land for the construction, maintenance, and operation of [he structures, facilities, or equipment
authorized by this easement. Such insurance shall also name the United States as a co-insured and
provide for specific coverage of Grantee's contractually assumed obligation to indemnify the Uni[ed
States. Grantee shall send an authenticated copy of its insurance policy to Grantor immedia[ely upon
issuance of the policy. The policy shall also contain a specific provision or ridet to the effect that the
policy witl not be cancelled or its provisions changed or deleted before thirty (30) days wri[ten notice to
the Forest Supervisor, 240 West Prospect, Fort Collins, CO 80526, from the insurance company.
C. I[ is understood and agreed that the coverage provided under this policy wil] not be
cancelled or its provisions changed or deleted before thirty (30) days of receip[ of wri[ten notice [o the
Forest 3upervisor, 240 West Prospect, FoR Collins, CO 80526, from the insurance company.
D. Ic is un8erstood and agreed that Grantee may satisfy the provisions of this section
through selfinsurance.
E. Grantee shall conduct all activities associated with the water conveyance facility
authorized and constructed within this easement, in a manner that will avoid or rninimize d~gradation of
air, land, and water quality. In the construction, operation and maintenance of fhe water conveyance
facility and easement, Grantee shall perform its activities in accordance with the MiEigation Plan (EIS,
Appendix D, Mitigation of Environmental Consequences on NFS Lands) as well as applicable air and
water quality standards, including but not limited to standards adop[ed pursuant [o the Clean Air Act, as
amended (42 USC 1857}, the Federal Water Pollution Conuol Act, as amended (33 USC 1321), and the
Safe Drinking Water Act, as amended, (42 USC 300f-300j).
9. SiTE RESTORATION. Grantee shall, upon termination.of this easement, restore the site in
a manner consistent with reclamation provisions determined by Grantor as a result of a NEPA analysis,
If Grantee does not restore the site, Grantee agrees tn pay the costs of such restomtion if undertaken by
Grantor.
10. SPECIAL PROVISIONS. The foregoing natwithstanding, this easement is granted subject
to Che following reservations by E'rrantor, for itself, its permittees, contractors, and assigns.
A. NONEXCLUSIVE US&. The Grantor reserves the right to use or authorize others to
use the easement azea, provided such use does not unreasonably interfere with the rights and privileges
hereby granted.
B. PERIODIC REViEW.. Grantor reserves the right to review terms and conditions of
this easement at the end of each 30-yeaz period from the date of issuanee, and may incorporate in. the
easement such new terms, conditions, and stipulations as existing or prospective conditions may warrant.
These shall have the same force and effect as if inc3uded in the original easement.
C. TERMS AND CONDITIONS. If within sixty (60) days of receipt by Grantee of the
new Terms and Conditions, and following discussions between Grantee and Grantor, Grantee notifies
' Grantor that such new Terms and Conditions are not aeceptable, an impartial'third party acceptable to
both Grantee and Grantor shall be asked to facilitate resolution. If agreement is not reachefl within an
additiona160 days, such new Terms and Conditions as Grantor deems necessary shall be incorQorated in
the easement.
D. REVOCATION. Revocadon,:which discontinues the easement; is subject to Title 7
CFR 1.130-I.151 Rules oP Practice Goveming Forinal Adjudicatory Adtninistrative Proceedings. For
the pucpose of this easement, the Grantor's rotained discreUon is limited to and revocation may only
occur for {i) noncompliance wit}i the terms and conditions of this easement or (ii) abandonment.
Grantor agrees that the Grantee has met any applicable requirements pursuant to the
Enclangered Species Act of 1973, as amanded (lb U.S.C. 1531 et seq.) including but not limited to .
Section 7 of that Act, as referenced in the letter from the Regional Director of the U.S. Fish and Wildlife
Service dated May 22, 1998 and the.Biotogica( Opinion issued.on May 22, 1998. Grantor has not
retained and d'oes not have discretion or authority to modify, change os revoke this easement during the
first 30-yeac period as the result of i} a modification, cl~ange, or withdnwal of the Biological Opinion
issued on May 22, 1998, ii) any new or reopened consultation or reconsultation.pursuant to the
Endangered Sgecies Act.on or regarding the operation, maintenance, reconstructiatt and/or replacement
of the facilit}r for which this easement is granted, or iiij any modificatioa, revision, amendment, or other
change to the Forest Plan. ,
E. . EXPIRATTON. This easement expires according to its terms if Grantee uses the water
conveyance faeility for any principal purpose other than municipal water supply and ancillary
hydropower, ot upon failure of Gtantee to accept new terms and eonditions incarporated as a result of
the Periodic Review. Upnn expiration and satisfaction of part 9 above, both Grantee and Grantor shail.be
released from all commiunents under this easement. .
---
F. E STIN_ RIGHTS, Nei[her_issuance by rantor, nor-aecep[anee by Grantee, of tfiis ~
J easemen[ will affect [he s[atus of any interes[, which either party may have by virtue of a prior gran[.
Grantee daims [o have a ri~ht-of-way pursuant to the Act of July 2b, 1866 and those Acts au[horizing
conveyance of the Silver Lake Wa[ershed, and agrees to not asser[ such claim so Iong as this easement is
in effect, and Gran[or agrees [o not dispute such claim by Gran[ee so long as this easement is in effect.
The alignment authorized herein is nei[her more nor less wi[hin the scope of such prior grants than that
alignment existing prior to da[e of this easement, such scope [o be determined based upon the facts
alone.
G. Grantee agrees to operate and maintain the facility and use the authorized easement in
accordance with applicable Federal regulations and standards.
Nothing in this easement imposes a duty upon the Grantor to monitor the Grantee's
compliance with Federal laws. The obligations of the Grantee under this easement are not contingen[
upon any duty of the Forest Service or other agent of the United States to inspect the premises. No
refusal or failure by the United States to inspect shall serve to waive any term or condition or other
requirements of this easement.
H. RESERVATION OF RIGHTS. Grantee, by accepting this easement:
a. Does not make any factual or legal admissions conceming the application and scope of
Section 7 of [he Endangered Species Act to the continued operation, maintenance, use, repair,
construction, or reconstruction of the facility addressed by this easement; and
b. Reserves and does not waive or relinquish its rights to challenge in future
administrative or judicial proceedings the scientific, technical and legal bases for any subsequent
biological opinions regardless of the extent to which such subsequen[ biological opinions rely on the
May 22, 1998 Biological Opinion or to challenge any condi[ions or requirements of the easement which
aze based thereon even if the Grantee has appealed the imposition of other teans and conditions of the
easement.
.... ,,.. .a„5 ,~ aay oT U~Ct ~nbr% , 2001, I, the City Manager of the
undersigned Grantee have read, understand, and accept th'e terms and conditions of this easement.
CITY OF BOULDER
By: ~ ~l .~..~
R ald A. Secnst, City Manager
ATTEST:
ity Clerk o ehal~ --
D'uector of Finance and Record
Approved as fo
City Attome
IN WITNESS Wf~~REOF, the Secretary of Agriculture by the Regional Forester, Forest Service,
has executed this easement pursuant to delegatibns of authority specified in 7CFR 2.42 and 36 CFR
251.52 on the day and year written above.
as:
UNITED STATES QF AMERI
~~~~ ~~~--
Rick Cables •
Regional Forester
Forest Service '
Depattment of Agriculture
ACKNOWLEDGEMENT
State of Colorado )
)
County of Jefferson )
~
The fore ing insfiunent was aeknowledged bbfore this '~ day of ~, 2001
BY~c~- D...C'r~bt~s '
Witne~.my d and official seal.
tf ~~
Notary Public Signature
ppgG `; My Commission Expires ~~ Z J`- ZI~D Z
x:;_,;::;o?".~,,
My (;pMpAlSSION 6XPIRES:
Novamtier25.20~2
- -------
- - --- TACIi1V1ENT-B
TERMINATION OF EASEMENT
GRANTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE,
FOREST SERVICE, TO THE CITY OF BOULDER
THIS TERMINATION OF AN EASEMENT, dated this _ day of , 2007, by the City
of Boulder, a home rule city of the State of Colorado, is hereby granted to the United States
of America, acting through the United States Department of Agriculture, Forest Service,
hereinafter referred to as "the United States."
The United States and the City of Boulder entered into a Water Conveyance Facility
Easement dated December 18, 2001, hereinafter called "the 2001 Easement," covering
National Forest System lands in Boulder County.
By a Water Conveyance Facility Easement dated , 2007,
hereinafter cafled "the 2007 Easement," the United States granted to the City of Boulder an
easement for a water conveyance facility covering approximately the same National Forest
System lands as the 2001 easement.
Both the City of Boulder and the United States agree that the 2007 Easement shall
supersede the 2001 Easement and shall govern the rights of the City of Boulder and the
United States for use of National Forest System lands for a water conveyance facility in
Boulder County subject to the 2007 Easement.
In consideration of the grant by the United States of the 2007 Easement, the City of
Boulder and the United States hereby agree that the 2001 Easement is of no force and
effect and is hereby terminated. The 2007 Easement is in no way affected by this
termination and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Boulder, by the City Manager, City of Boulder, a
home rule city, of the State of Colorado, has executed this Termination of Easement on the
day and year shown below.
CITY OF BOULDER
By:
Frank W. Bruno, City Manager
Al-i EST:
City Clerk on Behalf of the
Director of Finance and Record
Approved as to form:
City Atiorney
IN WITNESS WHEREOF, the Secretary of Agriculture by the Regional Forester for the
Mountain Region, Forest Service, has executed this Termination of Easement pursuant to
delegations of authority in 7 CFR 2.60(a)(2), 36 CFR 251.52, and FSM 2733.04b, paragraph 1,
on the day and year shown below.
UNITED STATES OF AMERICA
By:
Rick D. Cables
Regional Forester for the Mountain Region
United States Department of Agriculture
Forest Service
ACKNOWLEDGMENT
State of Colorado )
)
County of Jefferson )
The foregoing instrument was executed before me on the _ day of 2007, by
Rick D. Cables.
Witness my hand and official seal:
Notary Public Signature:
My Commission Expires:
2
- ATTACHMENT C - -
WATEK CONVEYANCE FACILITY EASEMENT
THIS EASEMENT is issued this day of , 2007, by the UNITED
STATES OF AMERICA, acting by and through the Forest Service, Department of Agriculture,
hereinafter called Grantor, to the City of Boulder, a home rule city, of the State of Colorado,
hereinafter called Grantee.
WHEREAS, Grantee has applied for an easement under Section 501 of the Federal Land Policy
and Management Act of October 21, 1976, as amended, for a water conveyance facility located on
lands owned by the United States on the Roosevelt National Forest, in the County of Boulder, State
of Colorado.
WITNESSETH
NOW THEREFORE, Grantor, for and in consideration of the payment of an annual use fee
paid by Grantee, does hereby grant to Grantee, subject to existing easements and valid rights, a
nonexclusive easement for occupancy with a water conveyance facility of lands across the following
described lands in the County of Boulder, State of Colorado, which aze shown on the map(s)
contained in E~ibit A, attached hereto and incorporated herein, as provided by Crrantee and hereby
accepted by Grantor. Exhibit A shall be mbdified by mutual agreement of Grantee and Grantor upon
completion of construction and based upon as-built surveys and plans:
T.1S., R.72W., secs. 4& 5, and T.IN., R.72W., secs. 25, 26, 27, 33 & 34, and T.IN., R.71 W.,
secs. 29 & 30, 6th Principal Meridian, Boulder County, Colorado.
Authority. This easement is issued pursuant to the authorities enumerated at Title 36, Code of
Federal Regulations, Part 251, 3ubpart B, as amended. This easement, and the activities or use
authorized, shall be subject to the terms and conditions of the Secretary's regulations, provided that
nothing in this easement shall add to or take away from any of the rights Grantee has to challenge
these regulations.
This easement is issued subject to the following terms, provisions, and conditions applicable to
Grantee, its pernuttees, contractors, assignees, and successors in interest.
1. AUTHORIZED USE. This easement authorizes only the right-of-way for a water
conveyance facility and access to the facility described and operated as specified herein.
2. TENURE. This easement shall continue for as long as the above described lands for the
water conveyance facility is used, operated, and maintained in accordance with the tenns and
conditions herein described.
FEES.
A. Grantee shall pay annual]y in advance a sum determined by Grantor to be the fair
market value of the use rights granted by this easement. The initial payment is set at $3,814.28 for
the remainder of the calendaz year. Subsequent payments shall be the amount of $460.00 for each
calendaz year until further notice. Grantor may adjust amount of payment annually by an appropriate
factor to reflect more neazly the fair market value of the use, so long as such adjustment is made for
other such similaz uses. At certain intervals Grantor shall review the fee structure and may adjust the
fee as necessary to assure that it is commensurate with the fair mazket value of the authorized rights
and privileges, as determined by appraisal or other sound business management principles.
B. Grantor shall be responsible for billing Grantee on an annual basis for amounts due.
Bills will be sent to the Director of Public Works, City of Boulder, P.O. Box 791, Boulder, CO,
~~, at~ sh~? be tluv u~atl~~ 45 days af r P+ fl~billi~g. ~ai~u~e af ~ra~Yv..A Lfl mak~ ~~ua
payment, any late payment chazge, or other charges when due shall cause the easement to terminate.
Grantee shall be notified of cancellation prior to termination of this easement.
C. Grantee shall pay an interest chazge on any fee amount not paid by the payment due
date. Interest shatl be assessed using the most current rate prescribed by the United States
Department of Treasury Fiscal Requirements Manua] (T'FRN-6--8020.20). Interest shall accrue from
the date the fee payment was due. In addition, certain processing and handling administrative costs
may be assessed in the event the account becomes delinquent and added to the amounts due.
D. A penalTy of 6 percent per yeaz shall be assessed on any fee amount overdue in
excess of 90 days from the due date of the first billiag.
E. Payments will be credited on the date received by the designated collecrion officer or
deposit location. If the due date(s) for any of the above payments or fee calculation statements fail on
a non-workday, the chazges shall not apply until the close of business of the next workday.
4. TRANSFERABILITY. This easement is transferable.
5. CONSTRUCTION, OPERATION and MAINTENANCE.
A. Except as provided in clause 6.B, Grantee shall submit to Grantor plans for
consh~uction, reconsttuction, and repair of improvements on the easement area, as well as revisions
of such plans. Such plans must be pregazed by a licensed engineer. Such plans must be approved in
writing by Grantor or a designated representative before the commencement of any work, pursuant to
the requirements of 43 U.S.C. 1761(b)(1). Grantee may be required to furnish as-huilt p(ans, maps,
surveys, construction and restoration performance guarantees, or other similar information. Review
of plans by Crrantor shall be completed within 90 working days of receipt by Grantor anfl approval
shall not be unreasonably refused.
B. Grrantee shall maintain the improvements and easement area to standards of repair,
orderliness, neatness, sanitation, and safety acceptable to Grantor, and consistent with applicable
Federal, State, and local health and safety requirements.
C. Grantee shall operate the facility in accotdance with the agreement dated July 20,
1990, as amended December 14, 1990 and May 26, 1992, between Grantee and the Colorado Water
Conservation Board, and the Colorado Water Conservation Boazd Resolution of November 10, 1993,
(the "CWCB AgreemenY') in so far as such agreement pmvides for minimum instream flows on
North Boulder Creek and the mainstem of Boulder Creek within the boundaries of the Roosevelt
National Forest. It is the intent of Grantee and Grantor that the operation of the facility in accordance
with the above referenced agreements will, in combination with natural stream flows, result in flows
of 5.0 cubic feet per second (cfs) in North Boulder Creek on National Forest System lands from
April 1 through September 30 of each year and 2.0 cfs from October 1 through Mazch 31 of each
yeaz, except when the natural flow is less than the minnnum stream flows described above, in which
case the minimum bypass will equal the inflow. However, Grantee shall only be responsible for
meering the requirements of the CWCB t~greement including conditions addressing drought and
other emergency situations.
D. Grantee shall notify Grantor of any changes or modifications to the CWCB
Agreement which impact the amount of water being provided for instream flow purposes. Grantor
will notify Grantee within thirty (30) days of such notification whether such modified agreement
continues to satisfy the flows required for aquatic habitat maintenance referenced above. However,
notwithstanding any changes that may occur, Grantee covenants to maintain the level of flows set
forth in the CWCB Agreement for the duration of this easement.
~. Cnantee agrees that for the duration of this easement, it shall not consent to any
CWCB request that the dedicated watec rights that aze included in the CWCB Agreement be
alienated or subordinated to any other user.
F. Nothing in this easement, or its terms and conditions, shaIl create an obligation in
Grantee for provision of water or interests in water for instream f7ow purposes o? any othei purposes
beyond those referenced in the CWCB Agreement.
G. Grantee shall limit direct flow diversion into and direct flow transportation by the
facility authorized by this easement to no more than an average of twenty (20) million gallons per
day (mgd) during the period of May 20 through June 20 of each year.
H. Grantee will not use fire or herbicides on the authorized right-of-way except as
pemutted in writing by the Grantor.
EMERGENCY REPAIRS.
A. If the uses and facility authorized by this easement aze allowed to deteriorate to the
point of threatening persons or property, and Grantee, after notification by Crrantor, refuses to
perform the repairs and maintenance required to remove the threat to persons or properiy, Grantor
shall have the right to undertake such repair and maintenance and to assess Grantee for the costs of
such repair and maintenance, regazdless of whether Grantor had required Grantee to furnish a bond
or othersecurity.
H. If an emergency condition occurs with the water conveyance faciliTy authorized by
this easement that presents an immediate threat to property or persons, Grantee shall be allowad to
proceed with such emergency repairs unmediately t~nthout prior approval from Grantor, and sha11
notify Grantor as soon as practicable of the repairs, coordinate with Grantor to the extent practicable
regazding the repairs, and fumish plans, maps, surveys, or other similaz information relating to the
repairs upon completion.
LIABILITIES.
A. Subject only to the limits on Grantee's ]iability under Tide 24, Article 10, of the
Colorado Governmenta[ Immunity Act (CGIA), §§ 24-iQ-101 through 24-10-120, Colorado Revised
Statutes (C.RS.) (2005), Grantee shall indemnify, defend, and hold harmless the United States for
any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or
omissions of the Grantee in connection with the use and occupancy authorized by this easement.
This indemnification and hold hazmless provision includes but is not limited to acts and omissions of
Grantee or Grantee's permittees, contractors, assignees, and successors in interest, in commection
with the use and occupancy authorized by this easement which result in (1) violations of any laws
and regulaUons which aze now or which may in the future become applicabie, and including but not
limited to those environmental laws listed in clauses 7.D and 8 of this easement; (2) judgments,
clauns, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and
damages incuned by the United States; or (4} the release or threatened release of any solid waste,
hazardous waste, hazazdous substance, pollutant, wntaminant, oil in any form, or petroleum product
into the environment.
B. Grantor has no duty, either before or during the easement terxn, to inspect the
property or to warn of hazazds and, if Grantor inspects the property, Grantor shall incur no additional
duty nor any liability for hazazds not identified or discovered through such inspections. This clause
shal] survive the termination or revocation of this easement, regazdless of cause.
C. Grantee has an affirmative duty to protect from injury and damage the land, property,
and other interest of the United States. Damage includes but is not limited to fire suppression costs
and all costs and damages associated with or resulting from the release or threatened release of a
hazardous rnaterial occurring during or as a result of activities of Grantee or Grantee's permittees,
contractors, assignees, and successors in interest on, or related to, the lands, property, and other
interests covered by this easement. For purposes of clause 7.C, "hazazdous material" shall mean any
hazardous substance, pollutant, contaminant, hazardous waste, oil, and/or petroleum product, as
those terms are deftned under any Federal, State, or local law or regulation.
i. Grantee shall avoid dainaging or contaminating the environment, including but not
{it~tdted ta ~e ~aii, vegetation {suct+ as trees, shrubs, ar,d grassj surace ~+sater, and grsandvwac~,
ducing Grantee's use and occupancy af the site, If the environment or any gavernment property
covered by this easement becomes damaged during Grantee's use and occupancy of the site, Grantee
shall immediately repair the damage or replace the damaged items to the satisfaction of Grantor at no
expense to the United States.
ii. Subject only to the limits on Grantee's liabiliTy under Title 24, Article 10, of the
CGIA, §§ 24-10-101 through 24-10-120, C.R.S. (2005), Grantee shatl indemnify the United States
for any damages arising out of Grantee's use and occupancy authorized by this easement. Grantee
shall be liable for all injury, loss, or damage, including fire suppression, or other costs associated
with rehabilitation or restoration of natural resources, associated with Grantee's use and/or
occupancy. Compensation shall include but is not limited to the value of resources damaged or
destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of
abatement costs, and all administrative, legal (inciuding attomey's fees), and other associated costs.
iii. With respect to roads, Grantee shall be liable for damages to all roads and trails of the
United States open to public use caused by the use of Grantee or Grantee's permittees, contractors,
assignees, and successors in interest to the same extend as provided"under clause 7.C.i, except that
liability shal] not include reasonable and ordinary wear and teaz.
D. Clauses 7.A and 7.C.ii shall not be interpre~ed to limit any of Grantee's liability for,
or prevent the United States from taking any action tn address, injury, lass, damages, or cosu
associated with environmentai contamination, injury to natural resources, or other cause of action
that arises under other law, including the Resource Conservation and Recovery Act, as amended 42
U.S.C. 6901 et se ., the Comprehensive Environmental Response, Compensation, and LiabiliTy Act,
as amended 42 U.3.G. 9601 et sea•, and the Clean Water Act, as amended, 33 U.S.C. 1251 et sea•, in
connection with the Grantee's use and occupancy of Federal lands, or to diminish any independent
obligaflon of Cnantee to indemnify the United States with respect to the same.
E. Grantee shall be strictly liable (liable without proof of negligence) to the United
States for up to $1 million per occuaence for any injury, loss, or damage azising in tort under flvs
easement. Liability in tort for injury, loss, or damage to the United States exceeding $1,000,000
shall be detemuned under the law of negligence.
F. Grantee assumes all risk of loss of the authorized impzovements. Loss to the
authorized improvements may result from, but is not limited to, theft, vandaiism, frre and any
firefighting activities (including prescribed bums), suaianches; rising waters, winds, falling limbs or
trees, and acts of God. If the authorized improvements are destroyed or substantiafly damaged,
Grantor shall conduct an analysis to determine whether the impmvements can be safely occupied in
the future and whether rebuilding should be allowed. If rebuilding is not allowed, the easement shall
terminate.
G. Grantee has a continuing responsibiliTy to identify and abate hazardous condirions in
ihe easement azea which could affect the unprovements or pose a risk of injury to individuats.
Grantee shall consult with Grantor before taking any action to abate such hazards.
H. Grantor has determined ttu'ough a risk assessment that the potential liability of the
United States for property damage and personai injury or death arising from Grantee's use and
occupancy authorized by this easement is $3,500,000 per incident.
i. Grantee shall provide combined single limit self-insurance and/or insurance procured
from a third party covering property damage and personai injury or death for $3,500,000 psr
incident The self-insurance documentation shall name the United States as an additional insured and
the procured insurance policy shall name the United States as an insured. The coverage under both
types of insurance shall extend to property damage and personal injury or dea3h arising from
Grantee's activities under the easement, includang use and occupancy of National Forest System
lands and the construction, maintenance, and operation of the shuctures, faeilitie5, or equipment
authorized by the easement.
+i. ~csi~vitfistat~di~gs~a~se 7.Aand ~:~rivftfiiseasemen#,asy-#imitatianon~'s
liability under state law, inc]uding but not limited to the CGIA, shall not be construed in any way to
impinge upon the ability of the United States to recover under the self-insurance or any procured
insurance policy. The self-insurance documentation and any procured insurance policy shall include
a provision to that effect. Neither the self-insurance nor any procured insurance policy shall require
liability of Grantee as a condition precedent to recovery by the United States. In addition, the insurer
shali not deny a claim by the United States to recover under the self-insurance or any procured
insurance policy based on Grantee's sovereign immunity, nor shall Grantee or the insurer assert the
defense of sovereign immunity in an action by the United States to recover under the self-insurance
or any procuted insurance policy. The setf-insurance and any procured insurance policy shalt include
provisions to that effect.
iii. Grantor reserves the right to review and approve the self-insurance documentation
and any procured insurance poiicy. Grantee shall send a copy of the approved self-insurance
documentation and an authenticated copy of any procured insurance policy to Grantor immediately
upon approval or issuance. The self-insurance documentation and any procured insurance policy
shall specify that Grantor shal] be given 30 days prior written notice of canceliation or any
modification of the self-insurance documentation or procured insurance policy.
iv. If there is a conflict between this easement, the certificate of insurance or insurance
poticy provided by the Colorado Department of Personnel and Administration, Risk Management
Division (RMD) (certificate or insurance policy) andlor RIvID's insurance policy manuals (insurance
policy manuals), the order of precedence among those documents shall be (1) this easement; (2) the
certificate or insurance policy; and (3) the self-insurance policy.manuals.
v. If a ciaim is submitted to the United States for pmperty damage and personal injury
or death arising from Grantee's use and occupancy suthorized by this easement, Grantor shall tender
the defense of the claim to the respective representatives of the self-insvrance and procured
insurance providers. Grantee understands that tort claims against the United States are governed by
the Federal Tort Claims Act, which may resuit in the administrative denial of a claim. Grantee
further understands that in litigation the United States is represented by the United States Department
of Justice (USDOJ) and agrees that representatives of the self-insurance and procured insurance
providers will coordinate the defense with USDOJ, if a claim is litigated. ,
8. RESOURCE PROTECTION. Grantee shall conduct all activiries associated with the
water convEyance facility authorized and constructed within this easement, in a manner that will
avoid or minimize degradation of air, land, and water quality. In the constrvction, operation and
maintenance of the water conveyance facility and easement, Grantee shall perform its activities in
accordance with the Mitigadon Plan (EIS, Appendix D, Miugation of Environmental Consequences
on NFS lands} as well as applicable air and water quality standards, inoluding but not limited to
standards adopted pursuant to the Clean Air Act, as amended (42 U.S.C. 1857), the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1321), and the Safe Drinking Water Act, as amended,
(42 U.S.C. 300f-300j).
9. SITE RESTORATION. Grantee shall, upon temvnation of this easement, restore the site
in a manner consistent with reclamation provisions determined by Grantor as a result of a NEPA
analysis, If Grantee does not restore the site, Grantee agrees to pay the costs of such restoration if
undertaken by Grantor.
10. SPECIAL PROVISIONS. The foregoing notwithstanding, this easement is granted
subject to the following reservations by Grantor, for itself, its permittees, contractors, and assigns.
A. NONEXCLUSIVE USE. Grantor reserves the right to use or authorize others to use
the easement are~ provided such use does not unreasonably interfere with the rights and privileges
hereby granted. '
S. PERIODIC REVIEW. Grantor reserves the right to review terms and conditions of
this easement at the end of each 30-year period from the date of issuance, and may incorporate in the
easement such new terms, conditions, and stipulatiores as existing or prospective conditions may
wmrut#. ~'fiese shaii have tiresamt ~Cme and zff~t as~'~eiudedin~e origit~i ~~ni.
C TERMS AND CONDITIOI~IS. If within sixry (60j days of receipt by Grantee of the
new Terms and Conditions, and following discussions between Grantee and Grantor, Grantee
notifies Grantor that such new Terms and Conditions are not acceptable, an impartia] third party
acceptable to both Grantee and Grantor shall be asked to facilitate resolution. If agreement is not
reached within an additional 60 days, such new Tetms and Conditions as Grantor deems necessary
shall be incorporated in the easement.
D. REVOCATION. Revocation, which discontinues the easement, is subject to 7 CFR
1.130-1.151, Rules of Practice Governing Formal Adjudicatory Administrative Proceedings. For the
purpose of this easement, Grantor's retained discretion is limited to and revocation may only occur
for noncompliance with the terms and condirions of this easement or abandonment.
E. IMMEDIATE SUSPENSION. Grantor recognizes that this easement is used to
maintain a pipeline to transport raw water for municipal and industrial uses by Grantee. Grantor is
authorized by law to immediately suspend this easement in whole or in part when necessary to
protect public health or safety or the environment. T'he suspension decision shall be in writing,
stating with particularity the factual basis and necessity for the immediate suspension. Grantee may
request an on-site review with the authorized officer's supervisor of the adverse conditions
prompting the suspension. The authorized officer's supervisor shall grant this request within 48
hours. Following the on-site review, the authorized o~cer's supervisor shall promptly affirm,
modify, or cancel the suspension. If the suspension is affirmed or modified, Grantor shall provide
Grantee specific instructions on the steps necessary to cure and remediate the conditions warranting
the suspension. Grantee shall be provided an opportunity to cure and remediate the conditions
warranting the suspension, inciuding any conditions caused by third parties. Upon completion of
such cure and remediation to the satisfaction of the aut6orized o~cer, Grantor shall promptly cancel
the suspension. This pazagraph does not confer any right upon Grantor to suspend Grantee's use of
the raw water pipeline, unless such use has been demonstrated to be the cause of conditions
warranting a suspension.
F. ENDANGERED SPECIES ACT COMPLIANCE. Grantor agrees that Grantee has
met any applicable requirements pursuant to the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et sea.) including but not limited to Section 7 of that Act, as referenced in the letter
from the Regional Director of the U.S. Fish and Wildlife Service dated May 22, 1998 and the
Biological Opinion issued on May 22, 1998. Grantor has not retained and does not have discretion
or authority to modify, change or revoke this easement during the fust 30-yeaz period as the result of
i) a modification, change, or withdrawal of the Biological Opmion issued on May 22, 1998, ii) any
new or reopened consultation or reconsultation pursuant to the Endangered Species Act on or
regazding the operation, maintenance, reconstruction and/or replacement of the facility for which this
easement is granted, or iii) any modification, revision, amendment, or other change to the Forest
Plan.
G. EXPIRATION. This easement expires according to its terms if Grantee uses the
water comeyance facility for any principal purpose other than municipal water supply and ancillary
hydropower, or upon failure of Grantee to accept new terms and conditions incorporated as a result
of the Periodic Review. Upon expiration and satrsfaction of part 9 above,-both Grantee and Grantor
shall be released from all commitments under this easement.
H. EXISTING RIGHTS. Neither issuance by Grantor, nor acceptance by Grantee, of
this easement will afFect the status of any interest, which either party may have by virtue of a prior
grant. Grantee claims to have a right-of-way pursuant to the Act of July 26, 1866 and those Acts
authorizing conveyance of the Silver Lake Watershed, and agrees to not assert such claim so long as
this easement is in effect, and Grantor agrees to not dispute such claim by Grantee so long as this
easement is in effect. The alignment authorized herein is neither more nor less within the scope of
such prior grants than that alignment existing prior to date of this easement, such scope to be
determined based upon the facts alone.
I. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL
~t~I~NI~T~TTS. ~ranteeagreeszooperateandmaicrtainthe~acniiyandvse~~anthorizeci
easement in accordance with applicable Federal, State, county, and municipat laws, regulations, and
standards. Nothing in this easement imposes a duty upon the Grantor to monrtor the Grantee's
compliance with Federal laws. The obligations of the Grantee under this easement are not
contmgent upon any duty of the Forest Service or other agent of the United States to inspect the
premises. No refusal or failure by the United States to inspect shall serve to waive any term or
condition or other requirements of this easement.
RESERVATION OF RIGHTS. Grantee, by accepting this easement:
i. Does not make any factual or legal admissions conceming the application and scope
of Section 7 of the Endangered Species Act to the continued operation, maintenance, use, repair,
construction, or reconstruction of the facility addressed by this easement; and
ii. Reserves and does not waive or relinquish its rights to challenge in future
administrative or judicial proceedings the scientific, technical and legal bases for any subsequent
b~ological opinions regazdless of the extent to which such subsequent biological opinions rely on the
May 22, 1998 Biological Opinion or to challenge any conditions or requirements of the easement
which are based thereon even if Grantee has appealed the imposition of other terms and conditions of
the easement.
iii. Nothing in this easement may be utilized by Barnard Consh~uction Company, Inc.,
Continental Pipe Company, Inc., or any of theu successors, assigns, insurers, or any other person or
entity, against Grantee in any manner related to the Lakewood Raw Water Pipeline. Specifically, the
acceptance of this easement by Grantee may not be utilized by such persons or entities to infer any
conclusions conceming the quality, serviceability, or usefullife expectancy of the Lakewood Raw
W ater Pipeline.
ACCEPTANCE
On this day of , 2007, I, the City Manager of the undersigned Grantee have read,
understand, and accept the terms and conditions of this easement.
CITY OF BOULDER
By:
Frank W. Bruno, City Manager
ATTEST:
City Clerk on Behalf of the
Director of Finance and Record
Approved as form:
City Attorney
tN WITNESS WHEREOF, the Secretary of Agriculture by the Regional Forester, Forest 5ervice,
has executed this easement pursuant to delegations of authority specified in 7 CFR 2.60(a)(2), 36 CFR
251.52, and FSM 2733.04a and 2733.04b, paragraph 1, on the day and yeaz written above.
UNITED STATES OF AMERICA
By:
State of Colorado )
)
County of Jefferson )
ACKNOWLEDGMENT
The foregoing instrument was acImowledged before this , day of , 2007,
by Rick D. Cables.
Witness my hand and official seal.
Rick D. Cables
Regional Forester, Region 2
Forest 3ervice
Department of Agriculture
(seal)
Notary Public Signature
My Commission Expires:
S
EXHIBIT A
LAKEWOOD PIPELINE FASEMENT
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LAKEWOOD
RAW WATER PIPELINE
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