A RESOLUTION GIVING PUBLIC NOTICE OF TOWN COUNCIL INTENT TO NEGOTIATE AN ENCROACHMENT AND LEASE AGREEMENT FOR TOWN RIGHT-OF-WAY ALONG CLELAND DRIVE WITH NEW CINGULAR WIRELESS PCS, LLC (2006-01-09/R-12)

A RESOLUTION GIVING PUBLIC NOTICE OF TOWN COUNCIL INTENT TO NEGOTIATE AN ENCROACHMENT AND LEASE AGREEMENT FOR TOWN RIGHT-OF-WAY ALONG CLELAND DRIVE WITH New Cingular Wireless PCS, LLC (2006-01-09/R-12)

WHEREAS, Cleland Drive is a Town of Chapel Hill maintained road with Town right-of-way; and

WHEREAS, New Cingular Wireless PCS leases Town right-of-way on Cleland Drive for purposes of operating a cellular communications site under a lease with the Town of Chapel Hill that is due to expire on November 12, 2006; and

WHEREAS, the North Carolina Statute 160A-272 authorizes the Town to lease or rent Town property pursuant to a resolution of the Council authorizing the execution of the lease or rental agreement adopted at a regular Council meeting upon 10 days’ public notice;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby gives notice of intent to authorize at its next regular meeting, on January 23, 2006, the execution of an encroachment and lease agreement for Town right-of-way along Cleland Drive to New Cingular Wireless PCS, LLC for a period of 10 years.

This the 9^th day of January, 2006.