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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/20/2004 - SECOND READING OF ORDINANCE NO. 006, 2004 AUTHORIZ ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: January20, 2004 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman SUBJECT Second 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 Second Reading. EXECUTIVE SUMMARY This easement is located within Avery Park near the intersection of South Taft Hill Road and Clearview Avenue. The easement area will be used for a telecommunication cabinet to provide DSL service to the community. Ordinance No. 006, 2004, was adopted 6-0 (Councilmember Bertschy was absent) on First Reading on January 6, 2004. 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 anon-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 pub fished this 6th day of January, A.D. 2004, and to be presented for final passage on the 20th d Januar , A. . 2004. ayor TTEST: 0 City Clerk Passed and adopted on final reading this 20th day of January, A.D. 2004. Mayor ATTEST: City Clerk 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 Citycowngd P*ppegy inPve, Park. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The total amount of considerati to be p�d4 he r 's ea ment is$500. This will defray the staff costs involved with t /k reques12, R,.-I 'IJtJ 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.