City Council Information Form

Transcription

1 City Council Information Form DATE: 02/04/2015 ASSIGNED STAFF: Mark Dunning DEPARTMENT: Development Center TYPE OF FORM: Other Business Form No.: 4704 APPROVALS: None ISSUE/REQUEST: AN ORDINANCE APPROVING THE AMENDMENT TO RIGHT OF WAY EASEMENT BY AND BETWEEN THE CITY OF LEE'S SUMMIT, MISSOURI AND SINCLAIR TRANSPORTATION COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY. KEY ISSUES: The City owns property located at 301 NE St. Andrews Road. A City water tower and associated improvements are located on this property. Sinclair Transportation Company is the holder of a Right of Way Easement dated October 18, This Easement is in place in order to allow a gas pipeline through the property. The Easement is a blanket easement that covers the entire Property, rather than just the portion of the Property necessary for the placement of Sinclair s facilities. Put another way, Sinclairs pipeline crosses a small section of a corner of this Property, but the Easement covers the entire tract. The City's Agreements with Google Fiber for the Google Project provide for the location of "fiber huts" on City owned property. These fiber huts are small, walk in utility sheds that house infrastructure necessary for Google's network. The 301 NE St. Andrew's property was found by Google and City staff to be a suitable location for one of Google's Fiber Huts. Google desired the reduction of this easement in order to aovid a potential conflict between Sinclair's blanket easement and Google's fiber hut Sinclair has agreed to amend the scope of the Easement so that the Easement only burdens that portion of the Property within which its facilities are located. The reduced easement is shown on the plan attached to the proposed Amendment that is included with this packet. Sinclair did not request payment from the City in consideration of the amendment of its easement. PROPOSED CITY COUNCIL MOTION: FIRST MOTION: I move for second reading. SECOND MOTION: I move for adoption. BACKGROUND:(including location, programs/departments affected, and process issues) IMPACT/ANALYSIS:

2 TIMELINE Start: Finish: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMMENDATION Staff recommends approval. OTHER BOARDS AND COMMISSIONS ASSIGNED: Not Applicable DATE: ACTION: COUNCIL COMMITTEE ASSIGNED: Not Applicable DATE: ACTION: List of Reference Documents Attached 1. Ordinance 2. Amendment

3 BILL NO AN ORDINANCE APPROVING THE AMENDMENT TO RIGHT OF WAY EASEMENT BY AND BETWEEN THE CITY OF LEE'S SUMMIT, MISSOURI AND SINCLAIR TRANSPORTATION COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY. WHEREAS, the City owns certain property located at or about 301 NE St. Andrews Road in Lee s Summit (the Property ), and located on the Property is a City owned water tower and associated improvements; and, WHEREAS, Sinclair is the holder of a certain Right of Way Easement dated as of October 18, 1904, and recorded in the office of the Jackson County Recorder of Deeds in Book 255 at Page 116 (the Easement ); and, WHEREAS, the Easement is a blanket easement that covers the entire Property, rather than just that portion of the Property necessary for the placement of Sinclair s facilities; and, WHEREAS, Sinclair has agreed to amend the scope of the Easement so that the Easement only burdens that portion of the Property within which its facilities are located; and, WHEREAS, the City and Sinclair wish to enter into the attached Amendment to Right of Way Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LEE'S SUMMIT, MISSOURI, AS FOLLOWS: SECTION 1. That the Amendment to Right of Way Easement ("Amendment"), appended hereto and made a part hereof, is approved and the Mayor is authorized to execute the Amendment on behalf of the City. SECTION 2. That this ordinance shall be in full force and effect from and after the date of its passage, adoption and approval by the Mayor. PASSED by the City Council of Lee s Summit, Missouri, this day of, ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum Page 1

4 BILL NO APPROVED by the Mayor of said city this day of, ATTEST: City Clerk Denise R. Chisum APPROVED AS TO FORM: Mayor Randall L. Rhoads Deputy City Attorney John L. Mautino Page 2

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