HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - SECOND READING OF ORDINANCE NO. 147, 2006, AUTHORI ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: October 3, 2006
FORT COLLINS CITY COUNCIL STAFF: Pat Hyland
SUBJECT
Second 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 Second Reading.
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. Qwest acknowledges the cable was put in by Qwest
and that Qwest is presently using the cable for telephone service. This Ordinance, unanimously
adopted on First Reading on September 19, 2006, conveys a perpetual, nonexclusive easement for
the Qwest telephone cable.
ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: September 19, 2006
FORT COLLINS CITY COUNCIL STAFF: Pat Hyland
Y P.
SUBJECT
�' A,,OX
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 is cablOso
n ai y t Corporation. The total amount
of consideration to be paid tot City foo way eas ent is S1,000,which represents the
approximate amount of City res ees fete this cement 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 c vey a p etua usivuement for the Qwest telephone
cable subject to the following r t}2�ctibn d it ionsephone 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 St(r7..,
ip h os or a 10-foot wide easement for
the Qwest telephone cable at iar sche Isement
tin d on June 14, 2006. The Board
unanimously recommended th e of b 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.
C
COPY
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 staff's 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.
May r
ATTEST:
City Clerk
Passed and adopted on final reading on the 3rd day of October, A.D. 2006.
Mayor
ATTEST:
City Clerk