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Home My WebLink About021 - 03/16/2010 - AUTHORIZING THE CONVEYANCE OF THREE NON-EXCLUSIVE UTILITY EASEMENTS ON CITY PROPERTY TO QWEST CORPOR ORDINANCE NO. 021, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF THREE NON-EXCLUSIVE UTILITY EASEMENTS ON CITY PROPERTY TO QWEST CORPORATION WHEREAS, the City is the owner of real property located in Fort Collins, Colorado, identified in County records as parcel numbers 97153-00-905 and 97153-00-912, known as Avery Park (the "City Property"); and WHEREAS, in 1995, the City granted Qwest Corporation ("Qwest") two easements on the City Property (the "1995 Easements"), and in 2004 the City granted Qwest an additional easement on the City Property(the "2004 Easement"); and WHEREAS, the 1995 Easements and the 2004 Easement were all granted for the purpose of installing various Qwest utility improvements (the "Improvements"); and WHEREAS, Qwest subsequently installed the Improvements outside the boundaries of the 1995 Easements and the 2004 Easement; and WHEREAS, Qwest is requesting two revised easements on the City Property as described on Exhibit "A", attached and incorporated herein by reference, which will correctly describe the area encumbered 'by the Improvements, and a third easement along the south boundary of the City Property for additional utility improvements already installed by Qwest, as described on Exhibit`B", attached and incorporated herein by reference; and WHEREAS, the easements described on Exhibits A and B are hereafter collectively referred to as the "Utility Easements"; and WHEREAS, as part of the terns and conditions of the Utility Easements, the City and Qwest would agree to terminate the 1995 Easements and the 2004 Easement, as they are not needed by Qwest; and WHEREAS, Qwest has agreed to pay the City $1,000 as compensation to process this request; and WHEREAS, City staff has identified no negative impacts to the City resulting from the grant of the Utility Easements or termination of the 1995 Easements and the 2004 Easement; and WHEREAS, Section 23-111(a) of the City Code states 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 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 Easements on the City Property to Qwest as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Utility Easements to Qwest Corporation 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 to be necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the easements, as long as such changes do not materially increase the size or change the character of such easements. Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage on the ay of March, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of A.D. 2010. Mayor ATTEST: City Clerk EXHIBIT A EXHIBIT A POCKET AND LINEAR EASEMENT LEGAL DESCRIPTION POCKET EASEMENT: A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT BEARS SOUTH 27"20'08"WEST,78.45 FEET FROM THE SOUTHEAST CORNER OF LOT 111,MILLER BROTHERS'FOOTHILLS SUBDIVISION,THIRD FILING,CITY OF FORT COLLINS.COLORADO; THENCE SOUTH 09*17-26-EAST,15.00 FEET; THENCE SOUTH 80°42'34"WEST,20.00 FEET; THENCE NORTH 09°1T26"WEST,15.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WITH A CHORD THAT BEARS NORTH 80"43'16"EAST, 20.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 300 SQUARE FEET,MORE OR LESS AND IS SUBJECT TO OTHER RECORDED EASEMENTS AND RIGHTS-OF-WAY. LINEAR EASEMENT A FIVE FOOT WIDE STRIP OF LAND IN THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT BEARS SOUTH 36-16'09"WEST,93.56 FEET FROM THE SOUTHEAST CORNER OF LOT 111,MILLER BROTHERS'FOOTHILLS SUBDIVISION,THIRD FILING,CITY OF FORT COLLINS,COLORADO; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WITH A CHORD THAT BEARS SOUTH 85*1115"WEST, 71.63 FEET,A RADIUS OF 592.5,A DISTANCE OF 71:68 FEET; THENCE SOUTH 00"32'00"EAST,PARALLEL WITH THE WEST LINE OF SECTION 15,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY,COLORADO,187.34 FEET TO THE POINT OF TERMINATION. THE ABOVE DESCRIBED PARCEL CONTAINS 1295 SQUARE FEET,MORE OR LESS AND IS SUBJECT TO OTHER RECORDED EASEMENTS AND RIGHTS-OF-WAY. Ofl REG/,p� u E I,THE UNDERSIGNED,A REGISTERED LAND SURVEYOR IN THE STATE moo.. OF COLORADO,DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED Oim ;p BY ME OR UNDER MY DIRECT SUPERVISION AND IS TRUE AND ACCURATE Uio� 11 I¢ TO THE BESST+OF MY KNOWLEDGE. zz AL LRl�SJ ROBERT D.THOMAS,P.L.S.11399 DATE THOMAS SURVEY SERVICES, LLC 2619 WEST ttth ST.RD.SUITE 24 GREELEY,COLORADO 80634 TEL. (970)304-0984 FAX (970)304-0987 JOB#1002.003 DRAWING:QWEST ATCO TAFT HILL 8 CLEARVIEW B REV. SUBDIVISION OR OWNER: CITY OF FORT COLLINS PART OF THE SOUTHWEST 114 SECTION 15 TOWNSHIP 7 NORTH QWEST NETWORK SERVICES RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY,CO 1"=20 FEET 12680 WELD COUNTY 58 80 GREELEY,COLORADO 80634 PAGE 2 OF 2 WIRE CENTER QWEST JOB# 91236UG FORT COLLINS R.O.W.# DATE: 2-17-10 GEO CODE 2611670 EXHIBIT A POCKET AND LINEAR EASEMENT l\ p`11°15'48" R=53�41 Q�`�___------- S.E.COR.LOT 111 MILLER BROTHERS' EXHIBIT /�A FOOTHILLS SUBDIVISION THIRD FILING y 5 POB LINEAR ESMT. CLEARVIEW AVENUE 6� � A PFO?ER�UNEi-' °PU` __ BACK OF CURB N �- POB POCKET ESMT. -------- zo.9 a 15.00' - -------- 1 � $09°1T'26"E -I --_--_ 15.W .. 1 I N09'1T2CW 1 'LQ.0y -J 80'42'3`1"W �,5g261 L-p6 55A0 L,16a ,15 V1 5651 GN.3 I �16 J 1 J of CENTERLINE QWEST5'EASEMENT I u- Q 2.5' 1 V 'I o AVERY PARK N ppl O t0 1 O VI m I I ' r POINT OF TERMINATION 20 0 20 LINEAR EASEMENT 1"=20 FEET THOMAS SURVEY SERVICES, LLC 1.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR 2619 WEST 11th ST.RD. SUITE 24 2.)ACCORDING TO COLORADO LAW,YOU MUST COMMENCE ANY LEGAL ACTION GREELEY,COLORADO 80634 BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU TEL. (970)304-0984 FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON FAX (970)304-0987 ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER JOB#1002.003 THE DATE OF THE CERTIFICATION SHOWN HEREON. DRAWING: QWEST ATCO TAFT HILL 3.)THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE &CLEARVIEW REV. TELECOMMUNICATIONS EASEMENT(S) SUBDIVISION OR OWNER: CITY OF FORT COLLINS PART OF THE SOUTHWEST 1/4 SECTION 15 TOWNSHIP 7 NORTH QWEST NETWORK SERVICES RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY,CO 1"=20 FEET 12680 WELD COUNTY RD.58 GREELEY,COLORADO 80634 PAGE 1 OF 2 WIRE CENTER QWEST JOB#91236UG I FT.COLLINS R.O.W.# I DATE:2-17-10 GEO CODE 2611670 EXHIBIT B EXHIBIT B LINEAR EASEMENT LEGAL DESCRIPTION A TEN FOOT WIDE STRIP OF LAND BEING NORTHERLY OF AND ADJACENT TO TRACT'W',LOTS 17 THROUGH 26, . AND LOT 5,MILLER BROTHERS'SOUTH FOOTHILLS SUBDIVISION,FIRST FILLING,CITY OF FORT COLLINS, LARIMER COUNTY,COLORADO,CONTAINING 11,003 SQUARE FEET,MORE OR LESS AND SUBJECT TO OTHER RECORDED EASEMENTS AND RIGHTS-OF-WAY. 0. 0 REG, I,THE UNDERSIGNED,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED � a la BY ME OR UNDER MY DIRECT SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. �AlL ROBERT D.THOMAS,P.L.S.11399 DATE THOMAS SURVEY SERVICES, 2619 WEST 11th ST.RD.SUITE 24 GREELEY,COLORADO 80634 TEL. (970)304-0984 FAX (970)304-0987 JOB#1002.003 DRAWING:QWEST ATCO TAFT 8 CLEARVIEW TO CASTLEROCK 6 SUBDIVISION OR OWNER: CITY OF FORT COLLINS IN THE SOUTHWEST 114 SECTION 15 TOWNSHIP 7 NORTH QWEST NETWORK SERVICES SCALE 1"=100 12680 WELD COUNTY RD,58 RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN LARIMER COUNTY CO GREELEY,COLORADO 80634 PAGE 2 OF 2 WIRE CENTER QWEST JOB# 91236UG )RT COLLINS R.O.W.9 DATE: 2-06-10 GEO CODE 2611670 EXHIBIT B EXHIBIT B LINEAR EASEMENT ,P0, i b VOV 10'QWEST EASEMENT\ \ . Go OO ' / by Co 10o 0 1oo / y O 1"=100 FEET �, \ 0 / \ Z� Q' OO ':Z4 o 1.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR 2.)ACCORDING TO COLORADO LAW,YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. THOMAS SURVEY SERVICES LLC 3.)THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE 2619 WEST 11th ST.RD.SUITE 24 TELECOMMUNICATIONS EASEMENT(S) GREELEY,COLORADO 80634 TEL. (970)304-0984 _ FAX (970)304-0987 JOB#1002.003 DRAWING:QWEST ATCO TAFT&CLEARVIEW TO CASTLEROCK SUBDIVISION OR OWNER: QWEST NETWORK SERVICES RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY,CO SCALE 1"=100 FT. 12680 WELD COUNTY RD.58 GREELEY,COLORADO 80634 PAGE 1 OF 2 WIRE CENTER QWEST JOB# 91236UG FORT COLLINS R.O.W.# DATE:2-06-19 GEO CODE 2611670