HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2004 - FIRST READING OF ORDINANCE NO. 156, 2004, AUTHORIZ ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: September 21, 2004
FORT COLLINS CITY COUNCIL STAFF: Craig Foreman
Alice Faye Richardson
SUBJECT
First Reading of Ordinance No. 156, 2004, Authorizing the Conveyance of a Non-exclusive
Easement for a Fiber Optic Duct Bank and Irrigation Waterline to Poudre School District on a
Portion of the Staley Neighborhood Park Site.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
None. The irrigation line will be shared by Poudre School District and the City when the Park is
developed.
EXECUTIVE SUMMARY
The Staley Neighborhood Park is located on the south side of Kechter Road(East County Road 36)
between Ziegler Road(County Road 9) and Strauss Cabin Road(County Road 7). The park site is
10 acres in total area.
The proposed 10-foot wide fiber optic duct bank and irrigation line easement (.117 A) is located
along the northerly boundary of the Staley Neighborhood Park adjacent to Kechter Road. This
easement is beneficial to the City because the irrigation line will be shared by the Poudre School
District and the City when the Park is developed. Resolution 2004-009, which was adopted on
January 20, 2004, authorized a revocable permit under Kechter Road for this same duct
bank/irrigation line.
ORDINANCE NO.156, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT
FOR A F113ER OPTIC DUCT BANK AND HUUGATI0N WATERLINE
TO POUDRE SCHOOL DISTRICT ON A PORTION OF THE
STALEY NEIGHBORHOOD PARK SITE
WHEREAS, the City of Fort Collins (the "City") is the owner of that certain real property
located on the south side of Kechter Road (East County Road 36) between Ziegler Road (County
Road 9)and Strauss Cabin road(County Road 7)in Larimer County,Colorado,known as the Staley
Neighborhood Park site (the"Park"); and
WHEREAS, the Poudre School District (the "District") has requested that the City grant a
I0-foot wide non-exclusive easement(the "Easement") for the continued operation of a fiber optic
duct bank and irrigation waterline across the northerly boundary of the Park, more specifically
described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter
referred to as the"Easement Area"); and
WHEREAS, the District's use of the Easement will allow the District to maintain certain
telecommunications services for Fossil Ridge High School and Zach Elementary School and to
irrigate portions of its facilities; and
WHEREAS, the City staff has recommended that there be no charge to the District for the
Easement because the irrigation line will serve the Park when it is developed; and
WHEREAS,the Council ofthe City ofFort Collins adopted Resolution 2004-009 on January
20,2004, authorizing a revocable permit under Kechter Road for this duct bank and irrigation line;
and
WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to
sell,convey or otherwise dispose of real property owned by the City,provided the City Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Easement upon,under and through the Easement
Area will be for the benefit of the City's citizens and is in the best interest of the City ofFort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary to convey the Easement to Poudre School District,consistent with the terms of this
Resolution 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 first reading, and ordered published this 21st day of
September,A.D. 2004, and to be presented for final passage on the 5th day of October,A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this Sth day of October, A.D. 2004.
Mayor
ATTEST:
City Clerk
Staley Park Site/PR- 1 Fiber Optic
Duct Bank/Irrigation Line Easement
Location Map
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