HomeMy WebLinkAbout170 - 12/06/1994 - AUTHORIZING A NON-EXCLUSIVE EASEMENT TO US WEST COMMUNICATIONS AND APPROPRIATING UNANTICIPATED REVEN ORDINANCE NO. 170, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT
FOR AN UNDERGROUND TELECOMMUNICATIONS CABLE AND VAULT
TO US WEST COMMUNICATIONS, INC. AND APPROPRIATING UNANTICIPATED
REVENUE IN THE GENERAL FUND FOR PARKS MAINTENANCE
WHEREAS, the City of Fort Collins is the owner of the land known as "Avery
Park" in Larimer County Colorado; and
WHEREAS, US West Communications, Inc. wishes to acquire a non-exclusive
easement interest through the Avery Park and the adjacent public right-of-way in
the locations described in Exhibit "A", attached hereto and incorporated herein
by this reference to construct, reconstruct, operate, maintain, and remove an
underground telecommunications cable and a pocket easement for a US West vault;
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 interest of the City; and
WHEREAS, the value of the easement, based upon comparable sales in the
areas is $472; and
WHEREAS, consideration for the aforementioned easement in the amount of
$472 will result in unanticipated revenue in the General Fund, Parks Maintenance
budget; and
WHEREAS, Article V, Section 14, of the Charter of the City of Fort Collins
authorizes the City Council to appropriate unanticipated revenues which are the
result of new revenue sources at any time during the year in which such revenue
is received.
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 an underground
telecommunications cable and vault easement to US West Communications, Inc. is
in the best interest of the City of Fort Collins.
Section 2. That the Mayor is authorized to execute an agreement conveying
to US West Communications, Inc. , a non-exclusive easement to construct,
reconstruct, operate, maintain and remove an underground telecommunications cable
and a pocket easement for a vault over, on and under the real property described
on Exhibit "A", for the amount of Four Hundred Seventy-Two Dollars ($472) .
Section 3. That there is hereby appropriated for expenditure from
unanticipated revenue in the General Fund the sum of Four Hundred Seventy-Two
Dollars ($472) for Parks Maintenance.
Introduced, considered favorably on first reading, and ordered published
this 15th day of November, A.D. , 1994, and to be pre ted for fin ge on
the 6th day of December, A.D. 1994.
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EXHIBIT "A"
EASEMENT DESCRIPTION:
A tract of land 5 feet wide in the Southwest 1/4, Section 15,
Township 7 North, Range 69 West of the 6th Principal Meridian,
Larimer County, Colorado, together with a tract of land 10 feet by
10 feet in the same said Southwest 1/4; said tracts are described
as follows:
5 Feet Wide Tract:
From the West Quarter corner of said Section 15; thence S O1
degrees 52 minutes 18 seconds E. 1,391.40 feet to the POINT OF
BEGINNING; thence N 00 degrees 32 minutes 00 seconds W, 187 . 35
feet, said line being 2 .5 feet East of the Easterly right of way of
South Taft Hill Road and 2 .5 feet South of the Southerly Property
line of Clearview Avenue; thence on a curve to the left, said curve
having a central angle of 6 degrees 28 minutes 57 seconds, a radius
of 592 . 50 feet, an arc length of 67 . 04 feet, and a chord bearing of
N 85 degrees 22 minutes 29 seconds E to the POINT OF TERMINUS, said
tract contains 1, 272 square feet, more or less.
10 Feet by 10 Feet:
From the West Quarter corner of said Section 15; thence S O5
degrees 16 minutes 05 seconds E, 1, 205.49 feet to the POINT OF
BEGINNING; thence S 07 degrees 23 minutes 39 seconds E, 10. 00 feet;
thence S 82 degrees 36 minutes 21 seconds W, 10. 00 feet; thence N
07 degrees 23 minutes 39 seconds W, 10. 00 feet; thence on a curve
to the left, said curve having a central angel of 00 degrees 57
minutes 47 seconds, a radius of 595. 00 feet, an arc length of 10.00
feet and a chord bearing of N 82 degrees 36 minutes 21 seconds E to
the POINT OF BEGINNING, said tract contains 100 square feet, more
or less.
The basis of bearings for this easement description is the Westerly
line of said Southwest 1/4, said line bears N 00 degrees 32 minutes
00 seconds W.