Title
Authorizing license and parkland diversion for Qwest Corporation d/b/a Century Link QC within the park area adjacent to 1400 Jackson Street.
Body
WHEREAS, the City of Saint Paul ("City”) is owner of park property in Saint Paul identified as the Gateway Trail, Parcel ID 19.29.22.43.0030 along L’Orient Street abutting 1400 Jackson Street; and
WHEREAS, Qwest Corporation d/b/a Century Link QC (“Century Link”) is installing an underground fiber optic cable, as outlined in the attached Exhibit A; and
WHEREAS, Century Link must enter into a license agreement with the City for the operation and maintenance of the utility line within the park area, as provided in the attached Exhibit B, a copy of which is on file in the Office of Financial Services, Real Estate Section; and
WHEREAS, the placement of the utility line within the park land constitutes a diversion of parkland in accordance with Section 13.01.1 of the City Charter; and
WHEREAS, Century Link 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 parkland, as stated in its Resolution #18-11 adopted July 12, 2018 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 for the use of the park area adjacent to 1400 Jackson Street and to accept just compensation from Century Link; 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 for all fees required by the City to comply with its parkland diversion guidelines.