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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2000 - FIRST READING OF ORDINANCE NO. 143, 2000, AUTHORIZ 77 AGENDA ITEM SUMMARY ITEM NUMBER: 19 FORT COLLINS CITY COUNCIL DATE: October 17, 2000 STAFF: Ellen Switzer Helen Matson SUBJECT: First Reading of Ordinance No. 143,2000,Authorizing the Conveyance of a Non-Exclusive Utility Easement at the Timberline Substation Site to QWest Corporation. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The consideration for this easement is$6,188,based on a market value of$4/square foot for property in this area. West will bear all costs associated with this easement for the restoration of the area following construction. EXECUTIVE SUMMARY: The proposed easement runs along the east side of the Timberline Substation site. QWest is improving its service in the area by abandoning the old cable and replacing it with fiber. The proposed easement is four feet in width and runs the length of the property,or 775 feet. The location of this easement is in the grassy area east of the fence and trees on the Substation site. Any grass disturbed by the construction will be restored to its current condition. QWest has also agreed to move the fiber, at its expense, if required by the future widening of Timberline Road. The Utilities staff has agreed to this easement. ORDINANCE NO. 143, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORMING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT AT THE TIMBERLINE SUBSTATION SITE TO QWEST CORPORATION WHEREAS, the City of Fort Collins Utility is the owner of the property known as the Timberline Substation Site in Larimer County, Colorado (the "City's Property"); and WHEREAS, QWest Corporation ("QWest") wishes to acquire a non-exclusive easement over, on, across, and under a portion of the City's Property, more particularly described on Exhibit "A",attached hereto and incorporated herein by this reference,to construct,operate,maintain,repair, remove and replace underground a fiber optic line (the "Easement"); and WHEREAS, the value of the Easement, based on market value of the area, is $6,188; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the above-described conveyance of the Easement will not materially impair the viability of the City's utility as a whole, will be for the benefit of the City's citizens, and that it is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Easement to QWest upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary and appropriate to protect the interests of the City and to carry out the terms of this Ordinance. Introduced, considered favorably on first reading and ordered published this 17th day of October, A.D. 2000, and to be presented for final passage on the 7th day of November,A.D. 2000. ATTEST: Mayor City Clerk Passed and adopted on final reading this 7th day of November, A.D. 2000. Mayor ATTEST: City Clerk • EXHIBIT"A" POCKET EASEMENT A parcel of land being a portion of the Northeast Quarter of Section 19,Township 7 North, Range 68 West of the 6' Principal Meridian, County of Larimer, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of that parcel of land described in Book 1552 at Page 64 as filed in the records of the Larimer County Clerk and Recorder and considering the east line of said parcel to.bear N 00° 19' 30" E, with all bearings contained herein relative thereto; Thence S 88' 38' 30" W, 26.01 feet along the south line of that parcel described in Book 1552 at Page 64 to the Point of Beginning; Thence N 00' 19' 30" E, 771.06 feet parallel with said east line to a point on the southerly right of way of the Colorado & Southern Railroad right of way; Thence along the southerly right of way line of the Colorado and Southern Railroad by the arc of a curve to the right with a central angle of 00' 07' 23", a radius of 2,914.94 feet which lies northeasterly of the curve, and a long chord that bears N 36' 25' 26" W, 6.26 feet; Thence S 00° 19' 30" W, 775.99 feet to a point on the south line of that parcel described in Book 1552 at Page 64; Thence N 88' 38' 30" E, 4.00 feet along said south line to the Point of Beginning. Said Parcel contains 3,094 square feet, more or less. • Utility Easement to QWest Corp. Location Map eFROS-- - R� c m \I I c m E N / lU I Easement Location N Parcel Railroad