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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2012 - SECOND READING OF ORDINANCE NO. 129, 2012, AUTHORIDATE: November 20, 2012 STAFF: Jason Graham, Ron Russell Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT Second Reading of Ordinance No. 129, 2012, Authorizing the Conveyance of a Non-Exclusive Utility Easement on City Property to the Nunn Telephone Company. EXECUTIVE SUMMARY Nunn Telephone Company (NTC) currently provides telephone and internet services to portions of northwest Weld County and northeast Larimer County. With an increase in demand from their customers for broadband services, NTC has begun upgrading copper based telephone lines to fiber optic broadband lines. This Ordinance, unanimously adopted on First Reading on November 6, 2012, authorizes the conveyance of a utility easement to NTC from the City across a portion of Meadow Springs Ranch in order to install approximately 7.0 miles of fiber optic line as part of this upgrade project. The proposed easement alignment would follow an abandoned state highway now used by the City as an access road to the City’s property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - November 6, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: November 6, 2012 STAFF: Jason Graham Ron Russell, Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT First Reading of Ordinance No. 129, 2012, Authorizing the Conveyance of a Non-Exclusive Utility Easement on City Property to the Nunn Telephone Company. EXECUTIVE SUMMARY Nunn Telephone Company (NTC) currently provides telephone and internet services to portions of northwest Weld County and northeast Larimer County. With an increase in demand from their customers for broadband services, NTC has begun upgrading copper based telephone lines to fiber optic broadband lines. NTC has requested a utility easement from the City of Fort Collins across a portion of Meadow Springs Ranch in order to install approximately 7.0 miles of fiber optic line as part of this upgrade project. The proposed easement alignment would follow an abandoned state highway now used by the City as an access road to the City’s property. BACKGROUND / DISCUSSION Meadow Springs Ranch (MSR) is owned by the City of Fort Collins and is managed by the Water Reclamation and Biosolids (WR&B) Division as a site for land application of biosolids. NTC has requested an easement for placing fiber optic cable across approximately 7.0 miles of MSR. The easement route will primarily be located 15 feet east of the centerline of abandoned Highway 87, following the shoulder of the road. The highway was abandoned by the Colorado Department of Transportation after I-25 was completed and has since been used by the City as an access road across MSR. The asphalt surface of the old highway has since deteriorated and some portions are now gravel. NTC has determined that it is unable to use its old original easements along I-25 for the new upgraded cables due to new rules regarding the separation of cables from the roadway. It was determined by the Colorado Department of Transportation that the right-of-way of I-25 was not wide enough to accommodate the new lines and comply with the new rules. NTC has also been in negotiations with property owners adjacent to I-25; however, their negotiations have been unsuccessful as the owners do not want to allow the fiber optic cable on their property. NTC feels it has exhausted all other reasonable alternatives to the proposed route. NTC is the only wireline telecommunications service provider for the customers along this route. According to NTC, other telecommunication service providers in the area include wireless carriers (AT&T and Verizon) and long-haul transport providers. The long-haul transport providers have cable that passes through the area, but do not provide service to the local homes and businesses. Installation of the fiber optic cable will involve a system of cutting narrow slots along the alignment, laying a section of cable in the slot and then replacing and compacting the soil to its previous state. There are three gullies where the cable route will deviate from the road shoulder. At one of these gullies the cable will be buried beneath the road surface. At the other two gullies, the cable route will leave the road shoulder to cross the gulley and rejoin the road on the gully’s other side. The easement alignment will also have two spurs to access neighboring properties. One spur will follow an existing ranch road and the other will cross a pasture in an area where other easements already exist. NTC will restore the areas disturbed after its work is complete. After reviewing NTC’s easement proposal and visiting a site where NTC recently installed cable, WR&B believes the easement would cause minimal lasting disturbance. City staff provided NTC with a list of terms for approval of the proposed easement which have been reviewed and accepted by NTC. FINANCIAL / ECONOMIC IMPACTS Real Estate Services reviewed value information for Meadows Springs Ranch to prepare a compensation value estimate for the requested easement. Along with the value of the easement, NTC will be required to compensate the COPY COPY COPY COPY November 6, 2012 -2- ITEM 24 City for staff time for processing the easement, as well as, a WR&B fee. The estimated total compensation is $6,000, but the final compensation will be calculated prior to transfer of the easement deed, with any additional costs after the transfer of the deed being paid by NTC within 30 days. In addition, NTC will be required to restore the affected areas including fences, gates, road surfaces, and drainage. NTC has also agreed to provide the City with a connection for internet services for the headquarters building at MSR. ENVIRONMENTAL IMPACTS Utilities staff has reviewed the easement proposal from Nunn Telephone Company and found the easement will cause minimal environmental disturbance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On October 18, 2012, the Water Board voted unanimously to recommend that City Council authorize the conveyance of a utility easement on the City property to Nunn Telephone Company ATTACHMENTS 1. Location Map 2 Easement Alignment Photos 3 Gully and Spur Location Photos 4 NTC Easement Proposal 5 NTC Easement Terms 6 Excerpt of Minutes from October 18, 2012 Water Board Meeting ORDINANCE NO. 129, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO THE NUNN TELEPHONE COMPANY WHEREAS, the City is the owner of real property located in Larimer County and Weld County, Colorado, known as Meadow Springs Ranch (the “City Property”); and WHEREAS, the City Property is managed by the City’s Water Reclamation and Biosolids Division as a site for land application of biosolids; and WHEREAS, Nunn Telephone Company (NTC) is requesting a ten foot wide utility easement across the City Property for the installation and maintenance of new telecommunication improvements that will serve their customers in portions of northeast Larimer County and northwest Weld County; and WHEREAS, the proposed easement will follow the shoulder of an existing access road on the City Property with the exception of two spurs leading to nearby customers, as shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, NTC has agreed to pay the City $6,000 as compensation for the Easement and for City staff’s time to process this request; and WHEREAS, City Utilities staff has not identified any negative impacts to the City Property resulting from the grant of the Easement and related work; and WHEREAS, the Water Board voted unanimously to recommend approval of the Easement conveyance at its regular meeting on October 18, 2012; and WHEREAS, Section 23-111 of the City Code provides 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 interest of the City and, with respect to real property that is part of the City's water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens 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 conveyance of the Easement on the City Property to NTC as provided herein is in the best interest of the City, will not impair the City's wastewater utility system, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to NTC 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 are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including, but not limited to, any necessary corrections to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Pg. 1 EXHIBIT “A” Telecommunications Easement from City of Fort Collins to Nunn Telephone Company This Exhibit A describes three parcels of land included as part of this easement PARCEL “A” A parcel of land, five feet either side of a line generally running parallel to and 15 ft. east of the centerline of a private road extending northward from Larimer County Road 92 to the Colorado-Wyoming state line, situated in T11N R68W, T11N R67W and T12N R67W and more particularly described as follows: (NOTE: APPROXIMATE DISTANCES/BEARINGS SUBJECT TO FIELD VERIFICATION AND DOCUMENTATION BY A LICENSED SURVEYOR) BEGINNING at the southeast corner of Section 13, T11N, R68W, thence west 1,793 ft. along the south line of said Section 13, thence due north 30 feet to a point located on the north right-of-way line of Larimer County Road 92 and approximately 52 ft. east of the centerline of an existing private road, said point being the TRUE POINT OF BEGINNING; Thence N63⁰10’W 35 ft. to a point on the east edge of said private road; Thence N26⁰50’E 2,902 ft. to a fence, Thence N26⁰50’E 1,228 ft. to a point on the east line of Section 13, Thence N26⁰50’E 254 ft., Thence 901 ft. along a curve to the left which curve has a central angle of 15 degrees and whose chord bears N21⁰53’E 899ft., Thence N11⁰47’E 3,499 ft., Thence 549 ft. along a curve to the right, which curve has a central angle of 13 degrees and whose chord bears N18⁰26’’E 544 ft., Thence N23⁰34’E 1,679 ft., Thence N25⁰22’E 1000 ft., Thence 790 ft. along a curve to the left which curve has a central angle of 38 degrees and whose chord bears N7⁰17’E 785 ft., Thence N11⁰47’W 222 ft. to a bridge, Thence N34⁰00’ E 20 ft., Thence N11⁰47’W 260 ft., Thence N68⁰00’W 20 ft., Thence N11⁰47’W 1998 ft., Thence 535 ft. along a curve to the right, which curve has a central angle of 24 degrees and whose chord bears N1⁰26’W 529 ft., Thence N12⁰24’E 3,628 ft., Thence 442 ft. along a curve to the right, which curve has a central angle of 18 degrees and whose chord bears N20⁰43’E 441 ft., Pg. 2 Thence N28⁰13’E 1,777 ft. to a gate and fence, also known as “POINT A”, Thence N28⁰13’E 3,770 ft., to a bridge Thence N80⁰00’E 20 ft., Thence N28⁰13’E 60 ft., Thence N20⁰00’W 20 ft., Thence N28⁰13’E 3,146 ft., Thence 468 ft. along a curve to the right, which curve has a central angle of 15 degrees and whose chord bears N34⁰23’E 466 ft., Thence N43⁰07’ 2,318 ft., Thence 2,278 ft. along a curve to the left which curve has a central angle of 43 degrees and whose chord bears N23⁰22’E 2,245 ft., To a point on the Colorado-Wyoming state line, a total distance of 33,819 ft., more or less; PARCEL “B” A parcel of land, five feet either side of a line generally running parallel to and 5 ft. south of an existing fenceline situated in the NE¼ Section 31, T12N, R67W and more particularly described as follows: BEGINNING at the northeast corner of Section 31, T12N, R67W, thence west 1,158 ft. along the north line of said Section 31, thence south 695 feet to a point located on the east side of an existing private road, said point being referenced in PARCEL “A” as “POINT A” and the TRUE POINT OF BEGINNING; Thence South 5 ft., Thence S50⁰00’E 1,530 ft. to the east line of said Section 31, a total distance of 1,535 ft., more or less PARCEL “C” A parcel of land, five feet either side of a line generally running parallel to and 15 ft. north of an existing aerial powerline situated in the SW¼SE¼ Section 20, T12N, R67W and more particularly described as follows: BEGINNING at the southeast corner of Section 20, T12N, R67W, thence north 1,093 ft. along the east line of said Section 20, thence west 2,430 feet to a point located 15 ft. east of the centerline of an existing private road and 15 ft. north of an existing aerial power line crossing said road and the TRUE POINT OF BEGINNING; Thence S54⁰27’E 618 ft., Thence S70⁰16’E 335 ft. to a point five feet west of the west right-of-way line of Interstate 25, Thence parallel to and five feet west of the west right-of-way line of Interstate 25 on a bearing of N20⁰ 53’E a distance of 422 ft; a distance of 1,375 ft., more or less.