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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/06/2004 - FIRST READING OF ORDINANCE NO. 006, 2004 AUTHORIZI ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: January6, 2004 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman SUBJECT First Reading of Ordinance No. 006, 2004, Authorizing the Grant of a Non-exclusive Easement to Qwest Corporation Across City-owned Property in Avery Park. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The total amount of consideration to be paid to the City for this easement is $500. This will defray the staff costs involved with this request. EXECUTIVE SUMMARY The proposed easement is located within Avery Park near the intersection of South Taft Hill Road and Clearview Avenue. The easement area would be used for a telecommunication cabinet to provide DSL service to the community. The dimensions of the proposed easement are 10'X 10'in addition to a 4'X 5' strip to allow connectivity between an existing telecommunication cabinet and the proposed cabinet. Parks Department staff has no objections to the requested easement. ORDINANCE NO. 006, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO QWEST CORPORATION ACROSS CITY-OWNED PROPERTY IN AVERY PARK WHEREAS, the City of Fort Collins is the owner of certain real property, located at the southwest comer of South Taft Hill Road and Clearview Avenue in Fort Collins, known as Avery Park (the "Park"); and WHEREAS,Qwest Corporation("Qwest")wishes to acquire a non-exclusive easement over, on, across, and under a portion of the Park, as described in Exhibit "A", attached hereto and incorporated herein by this reference(the"Easement Area"),to construct,operate,maintain,repair, remove and replace a telecommunication cabinet to provide enhanced service to the community;and WHEREAS, Qwest has agreed to pay to the City in exchange for the easement the amount of$500; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the requested easement or installation of the Qwest telecommunication box; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest 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 City Council hereby finds that the above described conveyance of a non- exclusive easement under and across the Easement Area will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. 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 determines are in the best interest of the City. Introduced, considered favorably on first reading and ordered published this 6th day of January, A.D. 2004, and to be presented for final passage on the 20th day of January, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of January, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT n LO CO7 l LOT 107 I? MILLER BROTHERS' FOOTHILLS SUBDIVISION-THIRD FILING FILED IN THE LARIMER COUNTY Im CLERK AND RECORDER'S OFFICE o BOOK 7, PAGE 48 F\ SWI/4 SEC. 15 T T7N, R69W, 6TH P.M. �o to I LOT 106 IJ 3i3 i o Ni LOT 111 o� SW CDR LOT 111 L CURB & " Cl c+^ 'LEI pVEN�E GUTTER STRIP POINT OF i T1�INUS� CENTERLINE 5.00' WIDE p ��:', TELECOMMUNICATIONS EASEMENT _--- \ CENTERLINE LENGTH=4.O'f r STRIP POINT OF POCKET r r BEGINNING i POINT OF POINT 'A' = BEGINNING LINE TABLE POCKET EASEMENT o I LINE BEARING DISTANCE AREA=100 SQ.FT.t o L1 N80'42'34"E 10.00' L2 S09'17'26"E 10.00' CITY OF FORT COLLINS L3 S80'42'34'1N 10.00' FILED IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE 1_4 N09'17'26"W 10.00' BOOK 1090, PAGE 194 1_5 N09'17'26"W 4.00' ry(�I� 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. I111A1('� �r LLB W 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION uann1 wn��u a h4�1 HIV�N. BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU 17E0 S. B4IIuin St. Ste. 230 FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON Ds�r. co a0222 ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE M(3W)753-QNQ DATE OF THE CERTIFICATION SHOWN HEREON. PSM JOBM R4235 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE A AD FIM R42M.a.q TELECOMMUNICATIONS EASEMENT(S) FOR OWEST COMMUNICATIONS. 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF ALTERED IN ANY WAY. SCISTY OF FORT COLLINS OWNM ° s coRPORAnoN PART OF THE SW1 4 SECTION 15 TOWNSHIP 7 NORTH RANGE 69 WEST I 1 "= 30' 1801 CALIFONA St, STE 5100 6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO PAGE 1 OF 21 DENVER CO 80202 WEST JOB# 322R788 FORT COLLINS EXCIR.014 IDECEMBER 16 2003 GEO CODE 261170 EXHIBIT "A" A PARCEL OF LAND, AND A STRIP OF LAND 5.00 FEET IN WIDTH, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A PORTION OF LANDS DESCRIBED AT BOOK 1090, PAGE 194, FILED IN THE LARIMER CLERK AND RECORDER'S OFFICE, SAID STRIP BEING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS NOO'32'00"W A DISTANCE OF 379.50 FEET ALONG THE WESTERLY LINES OF LOTS 107-111, MILLER BROTHERS' FOOTHILLS SUBDIVISION-THIRD FILING, FILED IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 7, PAGE 48; PARCEL: BEGINNING AT A POINT WHICH BEARS S42'08'57"E A DISTANCE OF 114.46 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 111; THENCE N80'42'34"E A DISTANCE OF 7.50 FEET TO POINT "A"; THENCE CONTINUING N80'42'34"E A DISTANCE OF 2.50 FEET; THENCE S09'17'26"E A DISTANCE OF 10.00 FEET; THENCE S80'42'34"W A DISTANCE OF 10.00 FEET; THENCE N09'17'26"W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID ARCEL CONTAINS 100 SQUARE FEET OF LAND, MORE OR LESS. STRIP: BEGINNING AT SAID POINT "A' THENCE N09'17'26"W A DISTANCE OF 4.00 FEET TO THE POINT OF TERMINUS; WHENCE THE NORTHWEST CORNER OF SAID LOT 107 BEARS N10'44'24"W A DISTANCE OF 467.37 FEET. THE CENTERLNE LENGTH OF SAID STRIP IS 4.0 FEET, MORE OR LESS. THE SIDELINES OF SAID STRIPS ARE TO BE LENGTHENED OR SHORTENED SO AS NOT TO CREATE ANY GORES OR OVERLAPS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. • T C -------------ZHRI JU P.L.S. �D TE FOR 054 81 RECISION SURVEY & MAPPING, INC. L LAB jkmww&w%IE 111V1780 S. B.Ilain St.. Sta. 230 OD EO233 T -(3D3)753 790 FM(3D3)753-4 PSM JOB/ R4335 •CAD FIU: N4233.G•a OR OWNER SUBDIVISION OF FORT COLLINS COQ sRPORA710N PART OF THE SWi 4 SECTION 15 TOWNSHIP 7 NORTH RANGE 69 WEST 1 "= 30 1801 CAUFORNIA ST., STE. 5100 6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO PAGE 2 OF 2 DENVER CO 80202 QWEST JOB# 322R788 FORT COLUNS EXC,jR.0Aj 003 GEO CODE 261170 a APPtPIII'GOG RO — - Easement }SPRNGFElO DR _ _ Location(detail SPRMIGFIM OR shown on LJ W LAKE Sr , q4 Cf j-- YT% __ _ W PR41PECT RO AlapercatedwiihMcYdS- a ri h1 18B2�2pp26SRlhc. '- PY 453it LOCATION MAP