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HomeMy WebLinkAbout095 - 06/05/2001 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT TO QWEST CORPORATION AND APPROPRIATIN ORDINANCE NO. 95, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS 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 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. y Mayor5, ATTEST: City Clerk Passed and adopted on final reading this 5th day of June, A.D. 2001. M yor ATTEST: City Clerk 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, Latimer 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.