COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Approval of Underground Right-of-Way License

 

 

SUBJECT/PROPOSAL/REQUEST:

Request by Qwest Communications Corporation for Underground Right-of-Way License for facilities at Darden Towe Park.

 

 

STAFF CONTACT(S):

Tucker, Davis, Mullaney

 

LEGAL REVIEW:   Yes

 

 

AGENDA DATE:

January 4, 2006

 

ACTION:                               INFORMATION:   

 

CONSENT AGENDA:

  ACTION:   X                       INFORMATION:   

 

 

ATTACHMENTS:     No

 

 

REVIEWED BY: 

 

 

 

BACKGROUND: 

Qwest Communications Corporation has requested permission to install underground fiber optic facilities across a portion of Darden Towe Park.  The proposed facilities will be exclusively for governmental use.  It is a part of a Richmond to Charlottesville link.  Darden Towe Park is jointly owned by the County and the City of Charlottesville.  The installation is proposed to be authorized by an Underground Right-of-Way License Agreement.  This Agreement must be authorized by both the County and City.

 

 

STRATEGIC PLAN:

Goal:  2.2 Protect and/or preserve the County's natural resources

 

 

DISCUSSION:

Qwest Communications Corporation is requesting the County and City to approve an Underground Right-of-Way License Agreement permitting it to install fiber optic facilities across a portion of Darden Towe Park.  The proposed location of the fiber optic facilities will not interfere with park activities.  If a conflict arises in the future, Qwest agrees that the facilities will be relocated at no expense to the County or City.  The installation will not necessitate substantial land disturbance and will not damage existing trees.  Because of legal limitations placed on cities, the term of the proposed Agreement is five years.  A fair market value annual fee will be charged for the License.  City Council is considering this request at its January 3, 2006 meeting.

 

The Director of Parks and Recreation has reviewed the request and does not object to the proposal.  The County Attorney has reviewed the proposed Agreement and finds that it addresses the County’s legal issues and concerns.  

 

 

BUDGET IMPACT:

This request has no budget impact.

 

 

RECOMMENDATIONS:

Staff recommends that the Board authorize the County Executive to execute the Underground Right-of-Way License Agreement for Darden Towe Park requested by Qwest Communications Corporation in a form reviewed and approved by the County Attorney.

 

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