HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2001 - FIRST READING OF ORDINANCE NO. 95, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 17
FORT COLLINS CITY COUNCIL DATE: May 15, 2001
STAFF:
Craig Foreman
SUBJECT:
First Reading of Ordinance No. 95, 2001, Authorizing the Conveyance of a Non-Exclusive
Utility Easement to QWest Corporation and Appropriating Unanticipated Revenue in the
Conservation Trust Fund Trail Acquisition and Development Project.
RECOMMENDATION:
Staff recommends the adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
Adoption of the Ordinance will have no financial impact to the City. QWest will pay the City
$1,000 for the easement. The payment will be deposited in the Conservation Trust Fund, Trail
Acquisition and Development Account.
EXECUTIVE SUMMARY:
The Poudre River Trail west of Shields Street is located on land owned by the City of Fort
Collins for the trail. QWest will be crossing perpendicular to the trail with a new
telecommunication line. The new line will be bored under the trail.
ORDINANCE NO. 95, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHOREKING THE CONVEYANCE OF A NON-EXCLUSIVE
UTILITY EASEMENT TO QWEST CORPORATION AND
APPROPRIATING UNANTICIPATED REVENUE
IN THE CONSERVATION TRUST FUND TRAIL ACQUISITION AND
DEVELOPMENT PROJECT
WHEREAS, the City of Fort Collins is the owner of the land known as the Poudre River
Trail located south of Poudre River and west of North Shields Street in Larimer County, Colorado,
Colorado (the "City's Property"); and
WHEREAS, QWest Corporation ("QWest") wishes to acquire a non-exclusive easement
over, on, across, and under a portion of the City's Property,more particularly described on Exhibit
"A",attached hereto and incorporated herein by this reference,to construct,operate,maintain,repair
remove and replace a telecommunication line (the"Easement"); 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 will be for the
benefit of the City's citizens and will be in the best interests of the City; and
WHEREAS, compensation for this easement is $1,000; and
WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations,in combination with all previous
appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, it is the desire of the Council to appropriate $1,000 from QWest in the
Conservation Trust Fund Trail Acquisition and Development.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the above-described sale and conveyance of a non-exclusive utility easement
interest is in the best interest of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easement to QWest upon the terms and conditions above,
and subject to such other terms and conditions as the City Manager, in consultation with the City
Attorney, determines are necessary and appropriate to protect the interests of the City and to carry
out the terms of this Ordinance.
Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in
the Conservation Trust Fund the sum of ONE THOUSAND DOLLARS ($1,000) for Trail
Acquisition and Development.
Introduced,considered favorably on first reading and ordered published this 15th day of May,
A.D. 2001 and to be presented for final passage on the 5th day of June, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of June, A.D. 2001.
Mayor
ATTEST:
City Clerk
NON-EXCLUSIVE UTILITY EASEMENT
TO QW EST CORPORATION
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EXHIBIT "A"
POCKET EASEMENT
A parcel of land being a portion of the Southeast One Quarter of Section 3, Township 7 North,
Range 69 West of the Sixth Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter of said Section 7 and considering the
East line of the Southeast quarter of Section 7 to bear S 0°04'30"E with all bearings contained herein
relative thereto;
Thence S 89°46'05"W 30.00 feet to a point on the West ROW line of Shields Street;
Thence along the West ROW line of Shields Street S 0°04'30"E 274.74 feet to a point on the North
line of the City of Fort Collins Bike and Pedestrian Path as recorded in Book 1950, Page 599,
Larimer County, Colorado; thence along the North line of said Bike and Pedestrian Path N
64°14'06"W 83.96 feet;
Thence N 53°02'14"E 213.91 feet to the to True Point of Beginning;
Thence S 38`05'48"W 50.01 feet;
Thence N 53°02'14"W 20.00 feet;
thence N 38'05'48"E 50.01 feet;
Thence S 53°02'14"E 20.00 feet to the True Point of Beginning.
Said Parcel contains 1000.2 square feet, more or less.