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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/19/2006 - FIRST READING OF ORDINANCE NO. 147, 2006, AUTHORIZ ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: September19, 2006 FORT COLLINS CITY COUNCIL STAFF: Pat Hyland SUBJECT First Reading of Ordinance No. 147, 2006, Authorizing the Conveyance of a Telephone Cable Right-of-Way Easement to Qwest Corporation on Cathy Fromme Prairie Natural Area. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Land Conservation and Stewardship Board unanimously recommended approval of the easement conveyance as described in the Ordinance at its June 14, 2006 meeting. FINANCIAL IMPACT All costs for the installation of this cable have been paid by Qwest Corporation. The total amount of consideration to be paid to the City for the right-of-way easement is$1,000,which represents the approximate amount of City resources used to complete this easement project. There is no other financial impact to the City for this existing telephone cable. EXECUTIVE SUMMARY There is an existing telephone cable running along the north edge of Cathy Fromme Prairie where it abuts Taft Canyon Subdivision to the north. The cable runs from the right-of-way of South Taft Hill Road westerly just south of the northern boundary line of Cathy Fromme Prairie approximately 2,691.07 feet to the western boundary line of that Natural Area. The cable was installed by Qwest at some time shortly after the Second Replat of Taft Canyon PUD was approved in March 1987,in a trench prepared for the cable by the developer(s) of Taft Canyon Subdivision. Qwest acknowledges the cable was put in by Qwest and that Qwest is presently using the cable for telephone service. Staff has proposed the City convey a perpetual, nonexclusive easement for the Qwest telephone cable subject to the following restrictions and limitations on that telephone easement: 1. The easement shall be for operation, repair and maintenance of the existing cable only; 2. No new cable or additional cable, of any size, or any replacement cable of any size or type, shall be installed in the easement area; and September 19, 2006 -2- Item No. 19 3. Any action by Qwest other than repair or maintenance of the existing cable will require Qwest to seek appropriate written approval and/or authorization from the City. The Land Conservation and Stewardship Board heard the proposal for a 10-foot wide easement for the Qwest telephone cable at its regularly scheduled meeting held on June 14, 2006. The Board unanimously recommended the conveyance of the easement be approved by Council. ATTACHMENTS 1. Excerpt from the Minutes of the meeting of the Land Conservation and Stewardship Board from June 14, 2006. 2. Location Map. ATTACHMENT 1 EXTRACT OF MINUTES CITY OF FORT COLLINS LAND CONSERVATION & STEWARDSHIP BOARD Regular Meeting 200 W. Mountain, Suite A June 14, 2006 For Reference: Bill Bertschy, Chair - 491-7377 Mayor Doug Hutchinson - 416-2154 John Stokes, Staff Liaison - 221-6263 Board Members Present Bill Bertschy, Karyl Ting, Greg Snyder, Michelle Brown, Linda Stanley, Vicky McLane, Greg Eckert, Paul Hudnut Board Members Absent Michelle Grooms Staff Present Natural Resources Dent: Daylan Figgs, John Stokes, Mark Sears, Real Estate Services: Pat Hyland Bill Bertschy called the meeting to order at 6:06 p.m. Guests Randy Sidens, District Engineer Boxelder Sanitation Service, Jeff Couch, Engineer Boxelder Sanitation Service, Mike Noonan, Engineer Boxelder Sanitation Service Agenda Review New business: Patrick Hyland, of the Real Estate Services Department, made a presentation about the telephone cable installed by mistake on the edge of Cathy Fromme Prairie by Qwest sometime in 1987 or 1988. The location of the cable was verified as being on Cathy Fromme Prairie by a Qwest surveyor. Qwest would like to keep the cable where it is presently located, in order to avoid having to move it or lay new cable within the boundaries of Taft Canyon Subdivision, which residents it serves. Mr. Hyland stated: "What we're asking for from this board is approval for a 10 foot wide easement where that cable lies now, for the use of that easement solely for that cable, never to be replaced,upgraded, or added to for other kinds of utilities." Land Conservation & Stewardship Board June 14, 2006 Page 2 of 2 Paul Hudnut moved that the board recommend to city council approval of a 10-foot wide easement where that cable lies now, for the use of that easement solely for that cable, never to be replaced, upgraded, or added to for other kinds of utilities. Michelle Brown seconded the motion. The board unanimously approved the motion. Adjournment The meeting was adjourned at 9:00pm. Submitted ohn S kes, Director, atural R Extract Approved /z7 Date: • 1l \ • • Aft ,a,�,a '4� 6 u 1 Q r� s f a ORDINANCE NO. 147, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TELEPHONE CABLE RIGHT-OF-WAY EASEMENT TO QWEST CORPORATION ON CATHY FROMME PRAIRIE NATURAL AREA WHEREAS, the City of Fort Collins (the "City") is the owner of the area known as the Cathy Fromme Prairie Natural Area located near the southwest limits of the City (the "Natural Area"); and WHEREAS, Qwest, without appropriate authorization, installed a telephone cable on property that is now a portion of the Natural Area approximately twenty years ago; and WHEREAS, Qwest has proposed to purchase a perpetual nonexclusive easement (the "Easement") at the location of the buried telephone cable more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, City staff has determined that the estimated fair market value of the Easement for the installed telephone cable is nominal and recommends that compensation of $1,000 be required to offset administrative costs associated with the Easement request; and WHEREAS, based on staffs review, it has been determined that the conveyance of the Easement and continued existence of the buried cable on the Natural Area will not have any adverse affects on the Natural Area; and WHEREAS, staff has proposed that the Easement be limited to operation, maintenance and repair of the existing cable only, and that the City require that Qwest obtain additional authorization for any replacement or expansion of the cable or any activities other than repair or maintenance; and WHEREAS, on June 14, 2006, the Land Conservation and Stewardship Board reviewed the proposed conveyance and recommended that the Council approve the conveyance of the Easement, with limitations and restrictions; 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 that real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City. 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 the Easement to Qwest Corporation consistent with the terms of this Ordinance will be for the benefit of the City's citizens and will be 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 for the City to convey the Easement on the Natural Area consistent with the terms of this Ordinance, together with such additional terms and conditions as the Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 19th day of September, A.D. 2006, and to be presented for final passage on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" Legal Description: The North Ten feet(10')of the Northeast Quarter(NE 1/4)of Section Four(4),in Township Six(6) North,of Range Sixty-nine(69),West of the Sixth Principal Meridian, except for the East Fifty feet (50.0') thereof set aside for Taft Hill Road Right-of-Way, containing approximately 0.606 acres, more or less, and subject to existing rights-of-way and easements of record or apparent.