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HomeMy WebLinkAbout058 - 04/21/1998 - AUTHORIZING THE GRANT OF EASEMENT AT CITY PARK NORTH BALLFIELD TO SPRINT SPECTRUM L.P. FOR LOCATION ORDINANCE NO. 58, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF AN EASEMENT UNDER CITY-OWNED PROPERTY AT CITY PARK NORTH BALLFIELD TO SPRINT SPECTRUM L.P.,FOR THE LOCATION OF TELECOMMUNICATIONS LINES ASSOCIATED WITH SPRINT'S ANTENNA EQUIPMENT AND RELATED FACILITIES WHEREAS,the City is the owner of that certain parcel of real property known as the City Park North Ballfield (the"North Ballfield")which includes that certain property more particularly described on the attached Exhibit"A" (the "Utility Easement Property"); and WHEREAS, Sprint Spectrum,L.P.,doing business as Sprint PCS ("Sprint"),has entered into a lease agreement with the City for the lease of a portion of the North Ballfield for use as a personal communications service system facility, consistent with Ordinance No. 14, 1998, which was approved by the Council on second reading on February 17, 1998 (the "Sprint Lease"); and WHEREAS,by the adoption of Ordinance No. 14. 1998,the Council also approved the grant of two easements in connection with the Sprint Lease; and WHEREAS, while the two easements previously granted to Sprint are suitable for other utility and access purposes, Sprint has since discovered that the location of the easements for the telecommunications lines required for the Sprint facilities which was permitted under the Sprint Lease is not workable; and WHEREAS, Sprint has proposed an alternative location for its telecommunications lines, as described in Exhibit"A"; and WHEREAS,City staff has no objection to the installation of telecommunications lines in the new location proposed by Sprint, and has identified no damage or cost to the City associated with locating those telecommunications lines under the Utility Easement Property; 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 interests of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby determines that the grant of the proposed utility easement for telecommunications lines under that certain property more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference (the "Utility Easement Property"), to Sprint Spectrum L.P., is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute an Easement Agreement conveying to Sprint a non-exclusive utility easement for telecommunications lines associated with the Sprint Lease, as described on Exhibit "A", along with such other provisions as the City Manager, in consultation with the City Attorney, deems appropriate to protect the interests of the City. Introduced,considered favorably on first reading,and o rediblished this y of April, A.D. 1998, and to be presented for final passage on the 21,sf day,.dr April, A.V19QsV Mavor ATTEST: I"- - % City Clerk Passed and adopted on final reading this 21 st day of Apr , A. 1998. or ATTEST: City Clerk MAR-30-1996 17:13 FROM FLATIRONS SLRVEYING INC. TO 19702216327 P.02 l dill/V/LO "t" voyas{gl x1sr— i 5717 Arapahoe Road Boulder, CO 80303 Exhibit "A" Utility Easement A 5 FOOT WIDE UTILITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, SAID EASEMENT LYING 2.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OP SAID SECTION 10; THENCE NORTH 52'00'54" EAST A DISTANCE OF 2695.58 FEET TO THE NORTHWEST CORNER OF THE ABOVE DESCRIBED LEASE PARCEL; THENCE SOUTH 28'17'00" EAST A DISTANCE OF 20.00 FEET ALONG THE WEST EDGE OF SAID LEASE PARCEL TO THE SOUTH— WEST CORNER THEREOF; THENCE NORTH 61'43'00" EAST A DISTANCE OF 60.00 FEET ALONG THE SOUTH LINE OF SAID LEASE PARCEL TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 28'17'00" WEST A DISTANCE 2.59 FEET ALONG THE EAST LINE OF SAID LEASE PARCEL TO THE POINT OF BEGINNING; THENCE NORTH 77402'56" EAST A DISTANCE OF 26.78 FEET; THENCE SOUTH 64'48'49" EAST A DISTANCE OF 99.26 FEET; THENCE SOUTH 68'09'33" EAST A DISTANCE OF 52.33 FEET ALONG A LINE THROUGH THE APPROXIMATE CENTER OF AN EXISTING UTILITY POLE TO A POINT 2.50 FEET BEYOND, SAID POINT BEING THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR LENGTH— ENED SO AS NOT TO CREATE GAPS OR OVERLAPS, TO BEGIN ON THE EASTERLY LINE OF THE LEASE PARCEL AND TERMINATE 2.50 FEET PAST THE EXISTING UTILITY POLE. Basis of Bearings, by G.P.S. Observation -Grid Azimuth ,p0 REG 4 4'": °v ��CEGOr���` Jo . Guyton, CO PLS#1 -. 164 FS1;� 7-30,646 L LAN�e' Sheet 1 of 2 Phone(303)443-7001 Fax(303)443-9830 hitp://www.tlatsurv.com