HomeMy WebLinkAbout058 - 04/21/1998 - AUTHORIZING THE GRANT OF EASEMENT AT CITY PARK NORTH BALLFIELD TO SPRINT SPECTRUM L.P. FOR LOCATION ORDINANCE NO. 58, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF AN EASEMENT UNDER
CITY-OWNED PROPERTY AT CITY PARK NORTH BALLFIELD TO SPRINT
SPECTRUM L.P.,FOR THE LOCATION OF TELECOMMUNICATIONS LINES
ASSOCIATED WITH SPRINT'S ANTENNA EQUIPMENT AND RELATED FACILITIES
WHEREAS,the City is the owner of that certain parcel of real property known as the City
Park North Ballfield (the"North Ballfield")which includes that certain property more particularly
described on the attached Exhibit"A" (the "Utility Easement Property"); and
WHEREAS, Sprint Spectrum,L.P.,doing business as Sprint PCS ("Sprint"),has entered into
a lease agreement with the City for the lease of a portion of the North Ballfield for use as a personal
communications service system facility, consistent with Ordinance No. 14, 1998, which was
approved by the Council on second reading on February 17, 1998 (the "Sprint Lease"); and
WHEREAS,by the adoption of Ordinance No. 14. 1998,the Council also approved the grant
of two easements in connection with the Sprint Lease; and
WHEREAS, while the two easements previously granted to Sprint are suitable for other
utility and access purposes, Sprint has since discovered that the location of the easements for the
telecommunications lines required for the Sprint facilities which was permitted under the Sprint
Lease is not workable; and
WHEREAS, Sprint has proposed an alternative location for its telecommunications lines, as
described in Exhibit"A"; and
WHEREAS,City staff has no objection to the installation of telecommunications lines in the
new location proposed by Sprint, and has identified no damage or cost to the City associated with
locating those telecommunications lines under the Utility Easement Property; 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 is in the best
interests of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby determines that the grant of the proposed utility
easement for telecommunications lines under that certain property more particularly described on
Exhibit "A," attached hereto and incorporated herein by this reference (the "Utility Easement
Property"), to Sprint Spectrum L.P., is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute an Easement
Agreement conveying to Sprint a non-exclusive utility easement for telecommunications lines
associated with the Sprint Lease, as described on Exhibit "A", along with such other provisions as
the City Manager, in consultation with the City Attorney, deems appropriate to protect the interests
of the City.
Introduced,considered favorably on first reading,and o rediblished this y of April,
A.D. 1998, and to be presented for final passage on the 21,sf day,.dr April, A.V19QsV
Mavor
ATTEST:
I"- - %
City Clerk
Passed and adopted on final reading this 21 st day of Apr , A. 1998.
or
ATTEST:
City Clerk
MAR-30-1996 17:13 FROM FLATIRONS SLRVEYING INC. TO 19702216327 P.02
l dill/V/LO "t" voyas{gl x1sr—
i 5717 Arapahoe Road
Boulder, CO 80303
Exhibit "A"
Utility Easement
A 5 FOOT WIDE UTILITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, SAID EASEMENT LYING 2.5 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OP SAID SECTION 10; THENCE NORTH
52'00'54" EAST A DISTANCE OF 2695.58 FEET TO THE NORTHWEST CORNER OF
THE ABOVE DESCRIBED LEASE PARCEL; THENCE SOUTH 28'17'00" EAST A DISTANCE
OF 20.00 FEET ALONG THE WEST EDGE OF SAID LEASE PARCEL TO THE SOUTH—
WEST CORNER THEREOF; THENCE NORTH 61'43'00" EAST A DISTANCE OF 60.00
FEET ALONG THE SOUTH LINE OF SAID LEASE PARCEL TO THE SOUTHEAST CORNER
THEREOF; THENCE NORTH 28'17'00" WEST A DISTANCE 2.59 FEET ALONG THE
EAST LINE OF SAID LEASE PARCEL TO THE POINT OF BEGINNING; THENCE NORTH
77402'56" EAST A DISTANCE OF 26.78 FEET; THENCE SOUTH 64'48'49" EAST
A DISTANCE OF 99.26 FEET; THENCE SOUTH 68'09'33" EAST A DISTANCE OF
52.33 FEET ALONG A LINE THROUGH THE APPROXIMATE CENTER OF AN EXISTING
UTILITY POLE TO A POINT 2.50 FEET BEYOND, SAID POINT BEING THE POINT OF
TERMINUS. THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR LENGTH—
ENED SO AS NOT TO CREATE GAPS OR OVERLAPS, TO BEGIN ON THE EASTERLY
LINE OF THE LEASE PARCEL AND TERMINATE 2.50 FEET PAST THE EXISTING
UTILITY POLE.
Basis of Bearings, by G.P.S. Observation -Grid Azimuth
,p0 REG
4 4'":
°v ��CEGOr���`
Jo . Guyton, CO PLS#1 -. 164
FS1;� 7-30,646
L LAN�e'
Sheet 1 of 2
Phone(303)443-7001 Fax(303)443-9830 hitp://www.tlatsurv.com