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HomeMy WebLinkAbout071 - 06/20/1995 - AUTHORIZING A NON-EXCLUSIVE UTILITY EASEMENT FOR AN UNDERGROUND TELEPHONE LINE AND EQUIPMENT BOX TO ORDINANCE NO. 71, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE UTILITY EASEMENT FOR AN UNDERGROUND TELEPHONE LINE AND EQUIPMENT BOX TO U.S. WEST COMMUNICATIONS, INC., AND APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND FOR THE CHOICES 95 OLDER ADULT CENTER PROJECT WHEREAS, the City of Fort Collins ("the City") is the owner of the land known as the Fort Collins Senior Center P.U.D. in Latimer County, Colorado ("the City's Property); and WHEREAS, U.S. West Communications, Inc., a Colorado Corporation ("U.S. West"), wishes to acquire a non-exclusive easement over, on, across, and under a portion of the City's Property to construct, operate, maintain, repair, remove and replace an underground telephone line and equipment box which easement is legally described on Exhibit "A," attached hereto and incorporated herein by this reference ("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 is in the best interest of the City; and WHEREAS,the value of the Easement,based on comparable sales in the areas, is $972; and WHEREAS, consideration from U.S. West to the City for the Easement will result in unanticipated revenue in the Capital Projects Fund, Older Adult Center capital project; and WHEREAS, Article V, Section 14, of the Charter of the City 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 the Easement is in the best interest of the City. Section 2. That the Mayor is authorized to execute such agreements and instruments as are necessary to convey tle-Easernen io U.S. Westtfoiilre-total purchase price of$972. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund, Older Adult Center project, the sum of NINE HUNDRED SEVENTY- TWO DOLLARS ($972) to be used with previously appropriated funds for the Choices 95 Older Adult Center project. Introduced,considered favorably on first reading,and ordered4yahiis4ed this 6th day of June, A.D. 1995, and to be presented for final passage onLthe20th d June, D. 1995. / Mayor ATTEST: �i 16 �4a City Clerk Passed and adopted on final reading this 20th day of June 1995. yor ATTEST: I-,City Clerk — EXHIBIT "A" Two tracts of land in Tract "A" of the Fort Collins Senior Center P.U.D., situate in the Southeast Quarter of Section 22,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, described as follows: POCKET EASEMENT From the Northeast corner of the Fort Collins Senior Center P.U.D.; thence S 00 degrees 21 minutes 00 seconds E, along the easterly line of said P.U.D., 10.00 feet; THENCE N 89 degrees 53 minutes 30 seconds W, 3.00 feet to the POINT OF BEGINNING; THENCE S 00 degrees 21 minutes 00 seconds E, 22.00 feet; THENCE N 89 degrees 53 minutes 30 seconds W, 15.00 feet; THENCE N 00 degrees 21 minutes 00 seconds E, 12.91 feet to a point on a nontangent curve concave to the northwest,having a radius of 55.00 feet; THENCE northeasterly along said curve through a central angle of 10 degrees 00 minutes 27 seconds, an arc distance of 9.61 feet, (chord bears N 18 degrees 51 minutes 46 seconds E, 9.59 feet); THENCE leaving said nontangent curve, S 89 degrees 53 minutes 30 seconds E, 11.84 feet to the POINT OF BEGINNING. Said tract contains 330 square feet, more or less. LINEAR EASEMENT a strip of land 10 feet in width, described as follows: From the Northeast corner of the Fort Collins Senior Center P.U.D.; THENCE S 00 degrees 21 minutes 00 seconds E, along the easterly line of said P.U.D., 5.00 feet to the POINT OF BEGINNING; THENCE N 89 degrees 53 minutes 30 seconds W, parallel with the northerly line of said P.U.D., 58.53 feet; THENCE N 00 degrees 06 minutes 30 seconds E, 5.00 feet to a point on the northerly line of said P.U.D., the POINT OF TERMINUS. Said strip contains 635.3 square feet, more or less.