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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2004 - SECOND READING OF ORDINANCE NO. 156, 2004, AUTHORI ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: October 5, 2004 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman Alice Faye Richardson SUBJECT Second 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 Second Reading. EXECUTIVE SUMMARY 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. Ordinance No. 156, 2004, was unanimously adopted on First Reading on September 21, 2004. ORDINANCE NO.156, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS 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 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 10-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 refereed to as the`Basement 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 of the 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 of Fort Collins. Section2. 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 ctober,A.D. 200 Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of October, A.D. 2004. Mayor ATTEST: City Clerk 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 DedP in Poudre School District on a Portion of the Staley NeighboSit RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT None. The irrigation line wil a sh (jP1 ct 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 fib p d n 1 e easement (.117 A) is located along the northerly boundary f the gt y Ne r d adjacent to Kechter Road. This easement is beneficial to the beca the ' 'g on line 1 be shared by the Poudre School District and the City when the !s de ed. soluti 04-009, which was adopted on January 20, 2004, authorized a revocable permit under Kechter Road for this same duct bank/irrigation line.