The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2004 - SECOND READING OF ORDINANCE NO. 096, 2004, AUTHORI ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: July6, 2004 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman SUBJECT Second 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 Second Reading. EXECUTIVE SUMMARY Ordinance No. 096, 2004, which was unanimously adopted on First Reading on June 15, 2004, authorizes a non-exclusive easement to Qwest Corporation on City-owned Property. 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 `Basement 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 $500 in exchange for the easement; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the requested easement or installation of the Qwest telecommunication cabinet; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of the real property interest will be in the best interests of the City and,with respect to real property which is a part of the City's water or utility systems, will be for the benefit of the City's citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the above described conveyance of a non- exclusive easement under and across the Easement Area will be for the benefit of the City's citizens and is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easement to Qwest upon the terms and conditions described above,, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on the first reading and ordered published this 15th day of June, A.D. 2004, and to be presented for final passage on the 6th day of July, A.D. 2004. Mayo—or L City Clerk Passed and adopted on final reading this 6th day of July, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT '$A$' CENTERLINE 5.00' MADE TELECOMMUNICATIONS EASEMENT i� CENTERLINE LENGTH-13.5'* PAGE 2 OF 3 HE RN R / LOT 1, BILK 17 STRIP "A" STRIP A" POINT OF ,,,-POINT OF BEGINNING TERMINUS POINT "A" /'' L3 STRIP "B" TRACT B L7 POINT OF TERMINUS POCKET EASEMENT Lt AREA 100 SO.FT.t ' CENTERLINE 5.00' WIDE Iv TELECOMMUNICATIONS EASEMENT POCKET 1 CENTERLINE LENGTH-2&1'f [ POIN OF�L\`N'LY UNE�/ BEGINNING I I I LOT 1, SLK 17 1 1 1 I i' II STRIP "B" POINT OF ' I I BEGINNING / POINT "B" 0 IS' UTILITY k j; DRAINAGE EASEMENT S TRACT B � e U BROWN FARM FIRST FILING r ;I FILED IN THE LARIMER COUNTY I 1 11 W' CLERK AND RECORDER'S OFFICE 1 'm II BOOK 1473 PAGE 602 I II i ! I NE1/4 SEC. 21 5 I 1 T7N, R69W, 6TH P.M. I I3 i I I� I IW 1 I LOT I 1 I LINE TABLE BLOCK 17 ii I LINE BEARING DISTANCE I ' L1 N89-51'00"W 10.0 ' I i L2 N 0' 9' 0" 10. 0' 16' UTIuTY L3 DRAINAGE EASEM 89'51'00"E 10. 0' ENTI L4 S00' 9-00"W 10.00' I ' ; L5 N00'09'00"E 6.01' I I L6 N 9-51'00"W 7 7' 1 1 Wllm I L7 S89'51'00"E 28.06' $lim I SE RNER o11f^ 1 / LOT 1, BLK 17 1 a1)o Lam___ _—/ �J z -� STREET FOLK 1 ) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. IIIRII,.ILL1l7MY 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU 17W i BMN,R SL, SM. ow FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON D .W Sous ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE * 343)T_.m m4m)MU, DATE OF THE CERTIFICATION SHOWN HEREON. POW JOB# RSBBT 3J THE ONLY PURPOSE OF 1HIS EXHIBIT IS TO SHOW THE LOCATION OF THE /NO Be 11lII.DR-T114R TELECOMMUNICATIONS EASEMENTS) FOR OWEST COMMUNICATIONS. DRAMN: If 4. THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF ALTERED IN ANY WAY. SUB TRACTR BEN BROWN FARM FIRST FILING' c�omnON PART OF THE NE1 4 SECTION 21 TOWNSHIP 7 NORTH RANGE 69 WEST 1 "_ ' IN CALIFORNIA ST., STE 5100 6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO PAGE 1 OF 2 DENVER CO 80202 QWEST JOB 4228464 FT COLLINS EXC.R.O.W. MAY 10 2004 CO 261 70 EXHIBIT "All 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 S. 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 NOV55'08"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 NOO'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 S00'09'00"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 "8": ' BEGINNING AT SAID POINT "S"; 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'V 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. geLpOEO�,r 0 CH P.L.S. DATE f0 H PRECISION SURVEY & MAPPING. INC. x Oww. o.n m eozmz RLL 00 1 M5 PLN mu name) ram p4 OPAMN, J Rl SUBDIVISION OR OWNER QWES•T TRACT B. BROWN FARM FIRST FILING cmpou7m PART OF THE 71 A SEVON 21 TOWNSHIP 1 NORTH RANGE 69 BEST 11 "=2 ' IM CAIFOFMA ST., SIE 5100 6TH PRINCIPAL MERIDIAN LARIMER COUNTY CCLORADO PAGE 2 OF 2 DENVER CO 80202 OBEST JOB 422B484 FT COILIR EXC.R.O.W. MAY 10 2004 C 26 O cl � -4 NORTN&t0�6R A A n M a yS1�� A A O ro (IVOZI'FIIEiI"l,S x X �m J s wtttiPUR 09 a O