HomeMy WebLinkAbout156 - 10/05/2004 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT FOR A FIBER OPTIC DUCT BANK AND IRRIG ORDINANCE NO.156, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT
FOR A FIBER OPTIC DUCT BANK AND IRRIGATION WATERLINE
TO POUDRE SCHOOL DISTRICT ON A PORTION OF THE
STALEY NEIGHBORHOOD PARK SITE
WHEREAS, the City of Fort Collins (the "City") is the owner of that certain real property
located on the south side of Kechter Road (East County Road 36) between Ziegler Road (County
Road 9)and Strauss Cabin road(County Road 7)in Larimer County,Colorado,known as the Staley
Neighborhood Park site (the"Park"); and
WHEREAS, the Poudre School District (the "District") has requested that the City grant a
10-foot wide non-exclusive easement(the "Easement") for the continued operation of a fiber optic
duct bank and irrigation waterline across the northerly boundary of the Park, more specifically
described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter
referred to as the "Easement Area"); and
WHEREAS, the District's use of the Easement will allow the District to maintain certain
telecommunications services for Fossil Ridge High School and Zach Elementary School and to
irrigate portions of its facilities; and
WHEREAS, the City staff has recommended that there be no charge to the District for the
Easement because the irrigation line will serve the Park when it is developed; and
WHEREAS,the Council of the City of Fort Collins adopted Resolution 2004-009 on January
20, 2004, authorizing a revocable permit under Kechter Road for this duct bank and irrigation line;
and
WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to
sell,convey or otherwise dispose of real property owned by the City,provided the City Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest 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 conveyance of the Easement upon,under and through the Easement
Area will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary to convey the Easement to Poudre School District,consistent with the terms of this
Resolution and subject to such other terms and conditions as the City Manager,in consultation with
the City Attorney, determines are in the best interest of the City.
Introduced, considered favorably on first reading, and ordered published this 21st day of
September,A.D. 2004, and to be presented for final passage on the 5th day of Ober,A.D. 200
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of October, A.D. 2004.
Mayor
ATTEST:
4a4%L�n
City Clerk
EXHIBIT"A"
2002 ELEMENTARY SCHOOL SITE
Fiber Optic/Irrigation Waterline Easement
An easement over and across Lot 1, Staley/Poudre School MLD 00-S1535, located in the
Northwest Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 68
West of the 6'P.M., County of Larimer, State of Colorado,being more particularly
described as follows:
Commencing at the North Quarter Comer of said Section 9; Thence South 00°00'42"
West, along the West line of the Northwest Quarter of the Northeast Quarter of said
Section 9, a distance of 57.02 feet to the northwest corner of said Lot 1 and the Point of
Beginning;
Thence South 88°28'48"East, along a line parallel with and 7 feet south of the north line
of said Lot 1, a distance of 509.94 feet to the cast line of said Lot 1; Thence South
00°04'13"West, along the east line of said Lot 1, a distance of 10.00 feet; Thence North
88°28'48" West, along a line parallel with and 17 feet south of the north line of said Lot
1, a distance of 509.95 feet to the west line of said Lot 1; Thence North 00100'42"East,
along the west line of said Lot 1, a distance of 10.00 feet to the Point of Beginning.
County of Larimer, State of Colorado.
The above described easement contains a gross area of 5,099 square feet(0.117 acres),
more or less.
Basis of Bearings: Assumed South 88°28'48" East along the North line of the Northwest
Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 68 West of the
6'P.M., being monumented as shown on the attached sketch.
For and on behalf of Nolte Associates, Inc.
Laine A. Landau
Colorado P.L.S. 31159
1901 Sharp Point Drive, Suite A
Fort Collins, Colorado 80525
970.221.2400
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