Agenda Date: 09/01/2026
Subject:
Title
Resolution 58-2026: Approving a License Agreement with the Arapahoe County Board of Commissioners to construct, utilize, maintain, repair and reinstall storm sewer within the West Fremont Avenue Rights-of-Way that cross the High Line Canal Rights-of-Way
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Brent Soderlin, Director of Public Works & Utilities |
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Sarah White, Water Resources Manager |
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Presentations: |
N/A |
PURPOSE:
Approval of a License Agreement between the City of Littleton and Arapahoe County to construct, utilize, maintain, repair and reinstall storm sewer within the West Fremont Avenue Rights-of-Way (“ROW”) that cross the High Line Canal ROW on behalf of the development at 16 W Dry Creek.
LONG-TERM OUTCOME(S) SERVED:
Safe Community; High-Quality Governance
DISCUSSION:
The City of Littleton has recently approved the 173 multi-family unit development at 16 West Dry Creek Circle, via Master Development Plan MDP24-0001 and Site Improvement Plan SIP25-0002 (the “Development”). In conformance with city drainage requirements, the Development is required to construct onsite detention and water quality facilities, these stormwater facilities are then connected to the nearest public stormwater collection system. The Development is proposing to construct a stormwater facility that will convey flows in a 24” storm sewer within West Fremont Avenue ROW to its ultimate outfall into Lee Gulch. A portion of West Fremont Avenue spans the irrigation ditch known as High Line Canal, reference license agreement Exhibit “A”.
For any infrastructure constructed, operated, or maintained within the High Line Canal, a License Agreement must be executed between the High Line Canal owner and the respective jurisdiction(s) or organization(s) that are responsible for the infrastructure. In Littleton, the High Line Canal is owned by the City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water”), with exception of the current in-process transfer of ownership of portions of the High Line Canal to Arapahoe County (County). With this recent transfer of the High Line Canal ownership to the County, existing or new improvements within the High Line Canal within Arapahoe County will need to be captured going forward through agreements with the County in addition to Denver Water, who retains certain ownership rights.
The Development will be installing a new 24” storm sewer within the West Fremont Avenue ROW which will ultimately be owned and maintained by the City of Littleton after final acceptance. The License Agreement will therefore be issued to the City of Littleton.
BACKGROUND:
In order for infrastructure to be constructed within the High Line Canal ROW, a License Agreement is required to be executed between the High Line Canal owner and the respective jurisdiction(s). The license agreement will allow for the construction, utilization, maintenance, repair and reinstallation of the proposed storm sewer. The City of Littleton intends to accept the public storm sewer being constructed by the development located at 16 W Dry Creek Circle.
The cost of the license agreement with Arapahoe County is $2,000.00, plus associated administrative and review fees. These costs will be paid by the City of Littleton and reimbursed through development fees by the owner of the Development at 16 W Dry Creek Cir.
Prior Actions or Discussions
Master Development Plan, MDP24-0001, was approved by City of Littleton Planning Commission November 11, 2024.
Site Development Plan, SIP25-0002, was recorded February 12, 2026.
FISCAL IMPACTS
The $2,000 License Agreement will be paid from account 01-322-74210 and reimbursed from the owner of the development at 16 W Dry Creek Circle.
STAFF RECOMMENDATION:
Staff recommends approval of the License Agreement.
ALTERNATIVES
If the license agreement is not approved, the project located at 16 W Dry Creek will not be able to connect the onsite storm sewer to the public system.
PROPOSED MOTION:
Proposed Motion
I move to approve Resolution 58-2026, approving a License Agreement with the Arapahoe County Board of Commissioners to construct, utilize, maintain, repair and reinstall storm sewer within the West Freemont Avenue Rights-of-Way that cross the High Line Canal Rights-of-Way.