HomeMy WebLinkAbout134 - 11/20/2007 - AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AT THE NORTHSIDE AZTLAN COMMUNITY CENTER TO COMCAST ORDINANCE NO. 134, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT
AT THE NORTHSIDE AZTLAN COMMUNITY CENTER TO
COMCAST OF CALIFORNIA/COLORADO LLC
AND TO QWEST CORPORATION
WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the
Northside Aztlan Community Center, located at 112 Willow Street("NACC"); and
WHEREAS, Lagunitas Giddings, Inc. ("LGP') is planning a project known as Willow
Street Lofts ("WSL") adjacent to the NACC; and
WHEREAS, as part of the WSL, LGI needs to remove utilities owned by Comcast of
Califomia/Colorado LLC ("Comcast') and Qwest Corporation ("Qwest') from a vacated alley
adjacent to the WSL; and
WHEREAS, LGI has asked that the City provide a new location for those utilities by
granting a utility easement to Comcast and Qwest on and across the NACC property; and
WHEREAS, the requested utility easement would be four feet in width and would
contain 840 square feet, and is described on Exhibit"A", attached hereto and incorporated herein
by this reference; and
WHEREAS, the utility easement would be in the same area as the proposed Landscape
Easement to LGI that the Council is considering as part of Ordinance No. 133, 2007; and
WHEREAS, LGI has agreed to coordinate with Qwest and Comcast to move the utility
lines and LGI will pay all costs of the utility work; and
WHEREAS, the relocation of these utilities will assist in development of the WSL
project, which will in turn benefit the City by redeveloping and revitalizing a former industrial
area adjacent to the NACC; and
WHEREAS, based on the above information, staff has determined that the conveyance of
the Utility Easement will benefit the City and will not have any adverse effects on the NACC,
and is therefore recommending that the City not charge for the easement; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of interests in real property owned by 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 Easement over, under and across the
Property to Comcast and Qwest on terms and conditions consistent with this Ordinance is in the
best interests 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 Utility Easement to Comcast and Qwest upon 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 and appropriate to protect the interests of the City, including any necessary changes 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. 2007, and to be presented for final passage on the 20th day of November, A.D.
2007.
i
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of ember, A.D. 2007.
Mayo
ATTEST:
City Clerk
EXHIBIT"A"
PROPERTY DESCRIPTION: UTILITY EASEMENT
A 4 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6'" P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48°50'00"West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Commencing at the easternmost corner of said Tract A; thence along the southeasterly
line of Lot 3, Northside Aztlan Community Center, North 41°10'00" East, 6.00 feet to
the Point of Beginning;thence North 48050'00"West, 210.00 feet; thence North
41"10'00" East, 4.00 feet; thence South 48'50'00" East, 210.00 feet to said
southeasterly line of Lot 3; thence along said southeasterly line, South 41010'00"West,
4.00 feet to the Point of Beginning and containing 840 square feel, more or less.
SURVEYORS STATEMENT:
I,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
G/
Alex Ro f't?!m ns ySf .L.S. No. 34176
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