Meeting Date: June 27, 2017 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Consent Calendar Work Plan # Legal Review: 1 st Reading 2 nd Reading Subject: A resolution approving the grant of a perpetual utility easement over public streets within the City of Thornton to the Brighton School District 27J. Recommended by: Brett Henry Approved by: Jeffrey B. Coder Ordinance previously Presenter(s): Brett Henry, Executive Director - Infrastructure introduced by: SYNOPSIS: Brighton School District 27J (27J) is requesting the City of Thornton (City) grant a perpetual utility easement over a portion of right-of-way along the east side of Riverdale Road/Yosemite Street north of 128 th Avenue and a portion of right-of-way that crosses Yosemite Street approximately 1,000-feet south of 136 th Avenue. 27J is currently constructing a new high school on the east side of Yosemite Street south of 136 th Avenue. 27J will need to establish communication between the new high school and other facilities within the school district. Fiber owned by 27J will be used for establishing the communication link. The proposed utility easement on the east side of Yosemite Street will allow for the installation of 27J s conduit and fiber within City right-of-way leading to the new high school. The proposed utility easement across Yosemite Street will allow for the installation of 27J s conduit and fiber to a future middle school to be constructed on the west side of Yosemite Street. RECOMMENDATION: Staff recommends Alternative No. 1, approve the resolution to grant a perpetual utility easement in City right-of-way on and across Yosemite Street to allow installation of conduit and fiber owned by School District 27J. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. Approve the perpetual utility easement in City right-of-way on and across Yosemite Street to allow installation of conduit and fiber owned by School District 27J. 2. Do not approve the perpetual utility easement, which may result in School District 27J being unable to establish fiber communication to the new high school and future middle school. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) State law entitled Rights-of-Way: Telecommunications Providers requires location agencies to allow the use of rights-of-way for installation of broadband infrastructure. Given that a franchise agreement is not permitted under this state law, the City uses a right-of-way use agreement to manage the installation of a telecommunication provider s infrastructure in City rights-of-way. 27J is not a telecommunications provider. As a result, the requirement to allow use of City rights-of-way is not applicable to 27J. A perpetual utility easement is proposed as an alternative to a right-of-way use agreement for allowing 27J the ability to use City right-of-way.
R E S O L U T I O N A RESOLUTION APPROVING THE GRANT OF A PERPETUAL UTILITY EASEMENT OVER PUBLIC STREETS WITHIN THE CITY OF THORNTON TO THE BRIGHTON SCHOOL DISTRICT 27J. WHEREAS, Brighton School District 27J (School District) is currently constructing a new school on Yosemite Street South of 136 th Avenue; and WHEREAS, the School District wishes to run fiber optic cable to serve the school by using the public right-of-way along Riverdale Road and Yosemite Street; and WHEREAS, the City of Thornton desires to grant such perpetual utility easement to the School District to enable the School District to provide fiber optic cable to the school for educational purposes; and WHEREAS, staff has reviewed the proposed Perpetual Utility Easement, attached hereto and referred to hereafter as, Perpetual Utility Easement, and has determined that the public health, safety, and welfare is not diminished by such request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. That City Council hereby approves the grant of the Perpetual Utility Easement and hereby authorizes the Acting City Manager to execute and the City Clerk to attest the Perpetual Utility Easement. 2. The City Clerk is directed to record the Perpetual Utility Easement with the Adams County Clerk and Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on, 2017. CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Kristen N. Rosenbaum, City Clerk
PERPETUAL UTILITY EASEMENT THIS GRANT OF PERPETUAL UTILITY EASEMENT is made and entered into this day of, 2017, between the City of Thornton, a Colorado municipal corporation, located at 9500 Civic Center Drive, Thornton, Colorado 80229 ("Grantor"), and Brighton School District No. 27J, a Colorado school district, whose address is 18551 E. 160 th Avenue, Brighton, Colorado 80601 ("Grantee"). Grantor and Grantee may be collectively referred to herein as Parties. 1. Grantor, for and in consideration of the covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its successors and assigns, a perpetual easement for the purpose of installing constructing, operating, maintaining, replacing, and repairing conduit and one or more fiber optic wires, at the Grantee s preference, and appurtenances thereto, ( Improvements ), on, over, under, and through Grantor s property as particularly described in Exhibits A and A-1, attached hereto and incorporated herein by this reference, which together with the location of the Improvements is referenced herein as Utility Easement. 2. Grantor reserves the right to use and occupy the Utility Easement for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the Grantee's Improvements or otherwise interfere with Grantee's rights hereunder. 3. The Grantee shall restore or repair to its original condition, or as close thereto as possible, except as necessarily modified to accommodate the Improvements installed by Grantee, any damages caused on said Utility Easement, arising out of the construction or reconstruction, repair, maintenance, replacement, inspection, survey or removal of the Improvements thereto, whenever same may occur to the satisfaction of Grantor. In the event Grantor s property or adjoining land or appurtenances are not restored or repaired by Grantee as required under this paragraph, Grantee agrees to be liable for the reasonable cost of such restoration or repair undertaken by or at the direction of Grantor. 4. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the Improvements are maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Utility Easement herein granted, all of Grantee's right, title and interest in the premises shall revert to the then owner of the underlying Utility Easement property. 5. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto.
7. Grantor reserves the right to use Grantor s property fully so long as such use does not reasonably interfere with the exercise by Grantee of the rights granted herein. 8. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. 10. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 11. The signatories hereto warrant that they have full and lawful authority to make the grant hereinabove contained on behalf of Grantor. IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year above first written. [SIGNATURES ON THE FOLLOWING PAGES] 2
GRANTOR CITY OF THORNTON, COLORADO Jeffrey B. Coder, Acting City Manager ATTEST: Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A. Corchado, City Attorney GRANTEE BRIGHTON SCHOOL DISTRICT NO. 27J By: Its: STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) Subscribed and sworn to before me this day of, 2017, by. WITNESS my hand and official seal. My commission expires:. NOTARY PUBLIC 3