Staff recommends that City Council approve the Relocated Irrigation Ditch Easement and Maintenance Agreement for the Suburban Ditch.

With the construction of the new Amend Park Recreation Center, it is necessary to relocate the existing Suburban Irrigation Ditch aside from the proposed site building area.  Relocating the ditch around the site requires the execution of a "Relocated Irrigation Ditch Easement" document that grants the Suburban Ditch Company an easement through City property.  Further, the old Suburban ditch route that traverses diagonally northeast through the site is abandoned with this new easement.  Physical relocation of the ditch will occur with the construction of the project, but this Council action addresses the legal easement.  Also attached is a maintenance agreement.  With the relocation of the ditch, the City is agreeing to maintain the portion of the ditch that is to be relocated.  The City currently maintains the section of the ditch that is being relocated, so there isn't a significant change in maintenance.  The attached documents have been reviewed by the Suburban Ditch Company and the City Attorney's office. 

City Council may:

• Approve the Relocated Irrigation Ditch Easement and maintenance agreement; or,
• Not approve the Relocated Irrigation Ditch Easement and maintenance agreement.  If not approved, a new design would be required for the recreation center taking the existing ditch into account that traverses the proposed site.

There is no significant financial impact to the City with approval of the Relocated Irrigation Ditch Easement and Maintenance Agreement due to the fact that City currently maintains that section of ditch.