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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/15/2004 - FIRST READING OF ORDINANCE NO. 096, 2004, AUTHORIZ ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: June 15, 2004 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman SUBJECT First Reading of Ordinance No. 096, 2004, Authorizing the Grant of a Non-exclusive Easement to Qwest Corporation upon City-owned Property. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Total amount of consideration to be paid to the City for this easement is$500.00. This will defray the staff costs involved with this request. EXECUTIVE SUMMARY The proposed easement is located within Tract `B", Brown Farm First Filing, 850' south of West Prospect Road on the west side of South Taft Hill Road. This property is owned by the City and is maintained by the Parks Department. 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 two (2) 5' wide strip easements (one 13.48' in length and one 28.06' in length) to allow connectivity between existing telecommunication equipment and the proposed cabinet. A portion of the easement area would overlap an existing City utility and drainage easement. Parks Department staff and Utility staff have no objections to the requested easement. ORDINANCE NO. 096, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO QWEST CORPORATION UPON CITY-OWNED PROPERTY WHEREAS, the City of Fort Collins is the owner of certain property known as Tract B, Brown Farm First Filing ("Tract B"); and WHEREAS,Qwest Corporation("Qwest")wishes to acquire a non-exclusive easement over, on, across, and under a portion of Tract B, 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,a portion of the Easement Area lies within an existing City utility and drainage easement; and WHEREAS, Qwest has agreed to pay to the City the amount of$500 in exchange for the easement; 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 cabinet; 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 the real property interest will be in the best interests of the City and,with respect to real property which is a part of the City's water or utility systems, will be for the benefit of the City's citizens. 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 interests 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, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on the first reading and ordered published this 15th day of June, A.D. 2004, and to be presented for final passage on the 6th day of July, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of July, A.D. 2004. Mayor ATTEST: City Clerk n Cl � -�i NQqTHBROOaCbR A A � n Aw M A A T MM M :i n m rymbry v 0 �*+ r E� s LARKSPUR OR a O w M v � EXHIBIT "All / CENTERLINE SON MADE TELECOMMUNICATIONS EASEMENT STRIP '80 i� CENTERLINE LENGTH-13.5't PAGE 2 OF 3 NE CORNER / LOT 1. BLK 17 STRIP "A" STRIP "A" POINT OF BEGINNING /TERMINUS /�, ,POINT OF POINT A" N1 ; / TRACT 8 L3a 17 POINT OF TERMINUS POCKET EASEMENT_ ASEMENT L1 AREA 100 SQ.FT.t CENTERLINE 5.00' WIDE TELECOMMUNICATIONS EASEMENT /'POCKET �_` CENTERLINE LENGTH=28.1'f POINT OF L / BEGINN NG WILY LINE LOT 1, ELK 17 / STRIP "B" BEGINNING O POINT "B" / 16' UTILITY k z I DRAINAGE EASEMENT U iI TRACT B o < ,I Im BROWN FARM FIRST FILING I :I J FILED IN THE LARIMER COUNTY I w' CLERK AND RECORDER'S OFFICE I 'm a 1n BOOK 1473 PAGE 602 - ; I NE1/4 SEC. 21 o I T7N, R69W, 6TH P.M. Iz w � I LOT I j I LINE TABLE BLOCK 17 1 i11 LINE BEARING DISTANCE L1 N89-51'00"W 10.00' I 1 1-2 N00'09'00"E 10.00' 16' UTILITY I L3 S89'51'00"E 10.00' DRAINAGE EASEMENT II 14 S00'09'00"W 10.00' 1-5 N00'09'00"E 6.01' 1-6 N89'51'00"W 7.84 ' 1-7 S89'51'00"E 26 w' w of:� SE CORNER oii;0 LOT 1, BLK 17 J ZIP 61 UE ' SUFFDLY STREET 1 ) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. C Y�PM INC 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU t780 S. B"Ilain St., Sb. 230 FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON Damar. CD 00222 ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE T0-(303)753-a7o9 FM:(3m)753-. + DATE OF THE CERTIFICATION SHOWN HEREON. PSM Joey R5267 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE "UOf Rm1i9 d, TELECOMMUNICATIONS EASEMENT(S) FOR QWEST COMMUNICATIONS. DRAB - J.F L. 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF ALTERED IN ANY WAY. SUBDIVISION BOWNER BROWN FARM FIRST FILING owEs-r c�oRA,noN PART OF THE NE1 4 SECTION 21 TOWNSHIP 7 NORTH RANGE 69 WEST 1 "= 2 0 t 1801 CAUFORNIA ST., STE. 5100 5TH PRINCIPAL MERIDIAN I ARIMER COUNTY COLORADO IPAGE 1 OF 2 DENVER CO 80202 QWEST JOBW 4228484 FT COLLINS EXC. R.O.w. MAY 10 2004 GEO CODE 261170 EXHIBIT $$A" PAGE 3 OF 3 A PARCEL OF LAND, AND TWO STRIPS OF LAND 5.00 FEET IN WIDTH, LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A PORTION OF TRACT 8, BROWN FARM FIRST FILING, FILED IN THE LARIMER CLERK AND RECORDER'S OFFICE AT BOQK 1473, PAGE 602, SAID STRIPS BEING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS N00'09'00"E A DISTANCE OF 162.21 FEET ALONG THE EASTERLY LINE OF LOT 1, BLOCK 17 OF SAID PLAT; PARCEL: BEGINNING AT A POINT WHICH BEARS N0455'08"E A DISTANCE OF 144.68 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 17; THENCE N89'51'00"W A DISTANCE OF 10.00 FEET; THENCE N00'09'00"E A DISTANCE OF 10.00 FEET; THENCE S89'51'00"E A DISTANCE OF 2.50 FEET TO POINT "A"; THENCE CONTINUING S89'51'00"E A DISTANCE OF 7.50 FEET; THENCE S00'09'00"W A DISTANCE OF 5.00 FEET TO POINT "B"; THENCE CONTINUING SOO'09'00"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 100 SQUARE FEET OF LAND, MORE OR LESS. STRIP "A": BEGINNING AT SAID POINT "A"; THENCE N00'09'00"E A DISTANCE OF 6.01 FEET; THENCE N89'51'00"W A DISTANCE OF 7.47 FEET TO THE NORTHERLY LINE OF SAID LOT 1, BLOCK 17 AND THE POINT OF TERMINUS; WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 17 BEARS N55'35'00"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 3.57 FEET. THE CENTERLINE LENGTH OF SAID STRIP IS 13.5 FEET, MORE OR LESS. STRIP "B": ` BEGINNING AT SAID POINT "B"; THENCE S89'51'00"E A DISTANCE OF 28.06 FEET TO THE EASTERLY LINE OF AFOREMENTIONED TRACT B AND THE POINT OF TERMINUS; WHENCE SAID SOUTHEAST CORNER OF LOT 1, BLOCK 17 BEARS S15'11'28"W A DISTANCE OF 154.47 FEET. THE CENTERLINE LENGTH OF SAID STRIP IS 28.1 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. REG c4:�oQN RP•,Fa ------------- 0 -- F0 , P.L.S. E FO H F PRECISION SURVEY & MAPPING, INC. dipN. P� �YAPPM INC. 17W S. Bellaire St., SG 230 Denver. CO 80222 l (303)733-9799 FAL:(3W)733-WM PSM JOB# R5267 DRAWN: J F.L STRACTR OWNER BROWN FARM FIRST FILING COR OR 11ON PART OF THE NEl 4 SE00N 21 TOWNSHIP 7 NORTH RANGE 69 WEST 1 "= 20' 1801 CAUFORNIA ST., STE. 5100 STH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO IPAGE 2 OF 2 DENVER CO 80202 WEST JOB# 422B484 FT COLLINS EXC. R.O.W. MAY 10 2004 GEO CODE 261170