Title
AMENDMENT TO EASEMENT E-2021-3: CONSIDERATION OF AMENDING EASEMENT E-2021-3 GRANTED TO HILDALGO TRADING, L.L.C., FOR USE OF A COMMUNICATIONS FACILITY/TOWER LOCATED AT 333 BRATCHER-MINER ROAD.
Body
BACKGROUND: The City owns the majority of the area along Bratcher-Miner Road, generally south of Highway 9 between Chautauqua Avenue and Jenkins Avenue for various City operations and functions. For the Utilities Department, operations and facilities in this area include:
* Water Reclamation Facility (WRF) - West of Jenkins and North of Bratcher-Miner Road;
* Transfer Station - East of Chautauqua and North of Bratcher-Miner Road; and
* Compost Facility - South of Bratcher-Miner Road between Chautauqua Avenue and Jenkins Avenue.
On July 14, 2020, the City of Norman, the Norman Municipal Authority, and the Norman Utilities Authority approved Contract K-2021-15 with Hildalgo Trading, L.L.C. for the purchase of this property, which is approximately 20.62 acres of land at 333 Bratcher-Miner Road located adjacent to existing facilities. Additionally, the City Manager was authorized to complete the closing for the land which was subsequently completed on September 2, 2020, and the warranty deed was filed of record on September 2, 2020.
As a part of Contract K-2021-15 for this acquisition, an easement was granted to Hildalgo Trading, LLC to provide a small portion of land as an easement for their future use for a cell phone tower as long as all proposed improvements complied with City ordinances at the time of permitting. The purchase price of the acquisition was adjusted based on the value of the easement. The original easement, that was approved concurrently with K-2021-15, includes a reversionary clause back to the City/NMA/NUA after five years if a cell tower is not installed. The easement was also filed of record on September 2, 2020.
DISCUSSION: Hildalgo Trading, LLC has requested minor modifications to the proposed easement language, to add clarific...
Click here for full text