HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/07/1998 - FIRST READING OF ORDINANCE NO. 58, 1998, AUTHORIZ 777-_
AGENDA ITEM SUMMARY ITEM NUMBER: 22
DATE: April 7, 1998
• FORT COLLINS CITY COUNCIL STAFF: Virgil Taylor
SUBJECT:
First Reading of Ordinance No. 58, 1998,Authorizing the Grant of an Easement Under City-Owned
Property at City Park North Ballfield to Sprint Spectrum L.P., for the Location of
Telecommunications Lines Associated with Sprint's Antenna Equipment and Related Facilities.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
There is no financial impact from this easement. However, this easement is associated with a
contract previously approved by Council that will generate funds for the Parks Division by having
this Sprint Antenna located at City Park.
0
EXECUTIVE SUMMARY:
Sprint Spectrum L.P. (doing business as Sprint PCS)through its agent, SBA, Inc., is working with
the Parks Division to erect an antenna at the City Park North Ballfield. The lease agreement for the
antenna has been approved and signed by the City. However,there was an access problem with the
telephone line in the previously proposed location and Sprint Spectrum L.P. was not able to use the
original utility easement that was approved by Council with the lease on second reading of
Ordinance No. 14, 1998, on February 17, 1998.
This new easement will give Sprint Spectrum L.P. access to another telephone location on the east
side of the North City Park Ballfield parking lot.
Staff recommends that Council approve the easement in order to facilitate this project completion.
ORDINANCE NO. 58, 1998
• OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF AN EASEMENT UNDER
CITY-OWNED PROPERTY AT CITY PARK NORTH BALLFIELD TO SPRINT
SPECTRUM L.P., FOR THE LOCATION OF TELECOMMUNICATIONS LINES
ASSOCIATED WITH SPRINT'S ANTENNA EQUIPMENT AND RELATED FACILITIES
WHEREAS,the City is the owner of that certain parcel of real property known as the City
Park North Ballfield(the"North Ballfield") which includes that certain property more particularly
described on the attached Exhibit "A" (the "Utility Easement Property"); and
WHEREAS, Sprint Spectrum,L.P.,doing business as Sprint PCS("Sprint"),has entered into
a lease agreement with the City for the lease of a portion of the North Ballfield for use as a personal
communications service system facility, consistent with Ordinance No. 14, 1998, which was
approved by the Council on second reading on February 17, 1998 (the"Sprint Lease"); and
WHEREAS,by the adoption of Ordinance No. 14, 1998,the Council also approved the grant
of two easements in connection with the Sprint Lease; and
WHEREAS, while the two easements previously granted to Sprint are suitable for other
utility and access purposes, Sprint has since discovered that the location of the easements for the
• telecommunications lines required for the Sprint facilities which was permitted under the Sprint
Lease is not workable; and
WHEREAS, Sprint has proposed an alternative location for its telecommunications lines, as
described in Exhibit"A"; and
WHEREAS,City staff has no objection to the installation of telecommunications lines in the
new location proposed by Sprint, and has identified no damage or cost to the City associated with
locating those telecommunications lines under the Utility Easement Property; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or disposition of real property owned by the City is in the best
interests 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 City Council hereby determines that the grant of the proposed utility
easement for telecommunications lines under that certain property more particularly described on
Exhibit "A," attached hereto and incorporated herein by this reference (the "Utility Easement
Property"),to Sprint Spectrum L.P., is in the best interests of the City.
•
Section 2. That the City Manager is hereby authorized to execute an Easement
Agreement conveying to Sprint a non-exclusive utility easement for telecommunications lines
associated with the Sprint Lease, as described on Exhibit "A", along with such other provisions as
the City Manager, in consultation with the City Attorney, deems appropriate to protect the interests
of the City.
Introduced,considered favorably on first reading,and ordered published this 7th day of April,
A.D. 1998, and to be presented for final passage on the 21st day of April, A.D. 1998.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21 st day of April, A.D. 1998.
Mayor
ATTEST:
City Clerk
MRR-30-1998 17:13 FROM FLATIRONS SLRVEYINC3i II-. TO 19702216327 P.02
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5717 Arapahoe Road
Boulder, CO 80303
Exhibit "A"
U.Wty Easement
A 5 FOOT WIDE UTILITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, SAID EASEMENT LYING 2.5 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OP SAID SECTION 10; THENCE NORTH
52'00'54" EAST A DISTANCE OF 2695.58 FEET TO THE NORTHWEST CORNER OF
THE ABOVE DESCRIBED LEASE PARCEL; THENCE SOUTH 28-17'00" EAST A DISTANCE
OF 20.00 FEET ALONG THE WEST EDGE OF SAID LEASE PARCEL TO THE SOUTH—
WEST CORNER THEREOF; THENCE NORTH 6143'00- EASY A DISTANCE OF 60.00
FEET ALONG THE SOUTH LINE OF SAID LEASE PARCEL TO THE SOUTHEAST CORNER
THEREOF; THENCE NORTH 28'17'00" WEST A DISTANCE 2.59 FEET ALONG THE
EAST LINE OF SAID LEASE PARCEL TO THE POINT OF BEGINNING; THENCE NORTH
77'02'56' EAST A DISTANCE OF 26.75 FEET; THENCE SOUTH 64-48.49' EAST
A DISTANCE OF 99.26 FEET, THENCE SOUTH 68'09'33" EAST A DISTANCE OF
52.33 FEET ALONG A LINE THROUGH THE APPROXIMATE CENTER OF AN EXISTING
UTILITY POLE TO A POINT 2.50 FEET BEYOND, SAID POINT BEING THE POINT OF
TERMINUS. THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR LENGTH—
ENED SO AS NOT TO CREATE GAPS OR OVERLAPS, TO BEGIN ON THE EASTERLY
• LINE OF THE LEASE PARCEL AND TERMINATE 2.50 FEET PAST THE EXISTING
UTILITY POLE.
Basis of Bearings,by G.P.S. Observation-Grid Azimuth
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