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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2010 - SECOND READING OF ORDINANCE NO. 021, 2010, AUTHORI DATE: March 16, 2010 ' STAFF: Lindsay Kuntz FORT COLLINSCOUNCIL Second Reading of Ordinance No.021,2010,Authorizing the Conveyance of Three Non-Exclusive Utility Easements on City Property to Qwest Corporation. EXECUTIVE SUMMARY In 1995 and 2004,the City of Fort Collins conveyed various easements on City property known as Avery Park to Qwest Corporation("Qwest")for installation of utility improvements. Qwest recently discovered the utility improvements were erroneously installed outside the granted easement area. This Ordinance, unanimously adopted on First Reading on March 2, 2010, conveys new easements to Qwest to reflect the actual location of the installed equipment and a new easement along the boundary of the City's property for additional utility improvements already installed by Qwest. In exchange, Qwest will terminate the existing easements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- March 2, 2010 (w/o attachments) ATTACHMENT 1 DATE: March 2, 2010 STAFF: Lindsay Kuntz • • • First Reading of Ordinance No. 021,2010,Authorizing the Conveyance of Three Non-Exclusive Utility Easements on City Property to Qwest Corporation. EXECUTIVE SUMMARY �-,� r------- R r, In 1995 and 2004,the City of Fort Collli s conveyed various easements on City property known as Avery Park to Qwest Corporation("Qwest")for installation of utility i hp`rovements. Qwest recentlyldiscovered the utility improvements were erroneously installed outside the gran`te`d-easement-area. Qwest is requesting the City convey new easements to reflect the actual location of the installed equipment. Qwest has also expressed interest in acquiring a new easement along the boundary of the City's property for additional utility improvements already installed by Qwest. In exchange, Qwest will terminate the existing easements. BACKGROUND / DISCUSSION Easements granted to Qwest in 1995 included a 100 square-foot pocket easement and a five-foot wide linear easement on Avery Park near Taft Hil�RoadNend Cleary ewFAve`nue�'%\subsequent easement granted to Qwest in 2004 included another 86 square-foot pocket easement to install DSL equipment at this same location. Qwest recently discovered the utility improvements were subsequently installed-outsidethe encumbered easement areas. Tocorrect the error,Qwest is requesting the City conveys ewkasements t ased on thelactual location of the utility improvements. In addition to this request, Qwest also wishes to acquire a new ten-foot wide linear easement running parallel to the City's property boundary for additional utility improvements. As part of a new easement deed and agreement,the City and Qwest would agree to terminate the old easements. FINANCIAL IMPACT Qwest has agreed to pay the City of Fort Collins $1,000 to process this request. This includes the cost of the easement conveyance and termination, processing, and administration fees. V- SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOIAL IMPACTS Conveyance of the new easement areas is a continuing effort to provide the citizens of Fort Collins with quality utility services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTSr '— � � u u 1. Location Sketch 2. Existing Qwest Easements Detail ORDINANCE NO. 021, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF THREE NON-EXCLUSIVE UTILITY EASEMENTS ON CITY PROPERTY TO QWEST CORPORATION WHEREAS, the City is the owner of real property located in Fort Collins, Colorado, identified in County records as parcel numbers 97153-0.0-905 and 97153-00-912, known as Avery Park (the "City Property"); and WHEREAS, in 1995, the City granted Qwest Corporation ("Qwest") two easements on the City Property (the "1995 Easements"), and in 2004 the City granted Qwest an additional easement on the City Property (the "2004 Easement'); and WHEREAS, the 1995 Easements and the 2004 Easement were all granted for the purpose of installing various Qwest utility improvements (the "Improvements"); and WHEREAS, Qwest subsequently installed the Improvements outside the boundaries of the 1995 Easements and the 2004 Easement; and WHEREAS, Qwest is requesting two revised easements on the City Property as described on Exhibit "A", attached and incorporated herein by reference, which will correctly describe the area encumbered by the Improvements, and a third easement along the south boundary of the City Property for additional utility improvements already installed by Qwest, as described on Exhibit"B", attached and incorporated herein by reference; and WHEREAS, the easements described on Exhibits A and B are hereafter collectively referred to as the "Utility Easements"; and WHEREAS, as part of the terms and conditions of the Utility Easements, the City and Qwest would agree to terminate the 1995 Easements and the 2004 Easement, as they are not needed by Qwest; and WHEREAS, Qwest has agreed to pay the City $1,000 as compensation to process this request; and WHEREAS, City staff has identified no negative impacts to the City resulting from the grant of the Utility Easements or termination of the 1995 Easements and the 2004 Easement; and WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 conveyance of the Utility Easements on the City Property to Qwest as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Utility Easements to Qwest Corporation on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the easements, as long as such changes do not materially increase the size or change the character of such easements. Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage on the day of March, A.D. 2010. i Mayor ATTEST: 4 % o - City Clerk Passed and adopted on final reading on the 16th day of March, A.D. 2010. Mayor ATTEST: City Clerk