Title
Authorizing Century Link parkland diversion and license for fiber optic line.
Body
WHEREAS, the City is owner of Parkway property in Saint Paul identified as Highland Parkway - south side, just east of Snelling Avenue, and Lexington Parkway - west side, at Montcalm Estates driveway, and at the intersection of Randolph Avenue and Lexington Parkway Avenue, as depicted in Exhibit A; and
WHEREAS, Century Link Inc., headquartered at 100 Century Link Drive, Monroe Louisiana, 71203, is requesting parkland diversion on and under the parkways; and
WHEREAS, Century Link Inc. must enter into a license agreement with the City of Saint Paul for the operation and maintenance of the communications cable within the parkway areas, as provided in the attached Exhibit B, a copy of which is on file in the Office of Financial Services, Real Estate Section, file number PR/90; and
WHEREAS, the placement of the communications cable within the parkway areas constitutes a diversion of parkland in accordance with Section 13.01.1 of the City Charter; and
WHEREAS, Century Link Inc. has requested the diversion of parkland of said property and has agreed to pay just compensation as determined by an independent appraisal pursuant to Section 13.01.1 of the Saint Paul City Charter; and
WHEREAS, the Saint Paul Parks and Recreation Commission recommends diversion of the Parkway, as stated in its Resolution #14-03 adopted February 12, 2014 and as shown in Exhibit C; now, therefore be it
RESOLVED, that the proper city officials are hereby authorized and directed to execute said license agreement with Century Link Inc. for the use of the defined Parkway areas and to accept just compensation from Century Link Inc.; to deposit the appropriate portion of the license payment into the Parkland Replacement Fund, which is to be held in reserve for future purchase of park property as required in Chapter 13.01.1 of the City Charter; and to be fully compensated by Century Link Inc. for all fees required by the City to comply with its parkland diversion guidelines.