title
BELLSOUTH EASEMENT AT TUMBLIN' CREEK PARK (NB)
recommendation
The City Commission: 1) grant a fifteen-foot easement to BellSouth for their existing and future underground facilities that currently traverse Tumblin' Creek park; and 2) authorize the Interim City Manager to execute all necessary documents to grant and record the easement to BellSouth, subject to approval by the City Attorney as to form and legality.
explanation
In the late 1960's the City acquired property to be used as a right-of-way for the Southwest 6th Avenue extension. During this period, the City of Gainesville issued Southern Bell (now BellSouth) a special use permit to install underground facilities within the proposed right-of-way. The proposed right-of-way included land that is currently a part of Tumblin' Creek Park. Subsequently, BellSouth installed the improvements.
For the last few years BellSouth has been in litigation regarding the special use permit. The litigation was resolved adversely to BellSouth, but BellSouth has expressed its intention to file an appeal. Recently BellSouth has submitted a request for the City to grant BellSouth a fifteen-foot wide easement for the area across Tumblin' Creek Park where its facilities are already located. In exchange for the easement, BellSouth will not file an appeal. The Recreation and Parks Department represents that the granting of this easement will not conflict with the current and projected uses of the park.