24.2.1.010 Findings

(a) Windstream Communications ("Windstream") has been working with the Pueblo to resolve right-of-way issues for existing facilities located in the Pajarito area.

(b) The Application process requires the property to be appraised for monetary consideration for a Grant of Easement for Right of Way.

(c) An Appraisal Report was prepared for Windstream by Kathleen Klar, MAI, SRA of Albuquerque, New Mexico for a market value of $112,400.00.

(d) The Appraisal Report was reviewed for fair market value by Regional Supervisory Appraiser, Ms. Deborah Lewis, ARA from the Office of Appraisal Services – Southwest Regional and approved.

(e) The Appraisal Report was approved on July 28, 2011 for its intended use in negotiations purposes.

(f) The Pueblo and Windstream have negotiated and settled to a monetary consideration in the amount of $145,000.00 for a 15 year term starting June 22, 2010, the date that the prior Agreement between the Pueblo and Windstream expired.

(g) On December 21, 2011 Windstream delivered a Right-of-Way Application and supporting documentation to the Pueblo for approval.