HomeMy WebLinkAbout143 - 11/07/2000 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT AT THE TIMBERLINE SUBSTATION SITE TO ORDINANCE NO. 143, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
UTILITY EASEMENT AT THE TIMBERLINE SUBSTATION SITE
TO QWEST CORPORATION
WHEREAS, the City of Fort Collins Utility is the owner of the property known as the
Timberline Substation Site in Larimer County, 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 underground a fiber optic line (the "Easement"); and
WHEREAS, the value of the Easement, based on market value of the area, is $6,188; 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 not materially
impair the viability of any City utility system as a whole of which the property is a part, will be for
the benefit of the City's citizens, and will be 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 Council hereby finds that the above-described conveyance of the
Easement will not materially impair the viability of the City's utility as a whole, will be for the
benefit of the City's citizens, and that it is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary to convey the Easement to QWest upon the terms and conditions described 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.
Introduced, considered favorably on first reading and ordered published this 17th day of
October, A.D. 2000, and to be presented for final passage on the 7th day of November, A.D. 2000.
Mayor
TTEST:
City Clerk
Passed and adopted on final reading this 7th day of November, A.D. 2000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
POCKET EASEMENT
A parcel of land being a portion of the Northeast Quarter of Section 19, Township 7 North, Range
68 West of the 6' Principal Meridian, County of Larimer, State of Colorado, more particularly
described as follows:
Commencing at the Southeast corner of that parcel of land described in Book 1552 at Page 64 as
filed in the records of the Larimer County Clerk and Recorder and considering the east line of said
parcel to bear N 00° 19' 30" E, with all bearings contained herein relative thereto;
Thence S 88' 38' 30" W, 26.01 feet along the south line of that parcel described in Book 1552 at
Page 64 to the Point of Beginning;
Thence N 00' 19' 30" E, 771.06 feet parallel with said east line to a point on the southerly right of
way of the Colorado & Southern Railroad right of way;
Thence along the southerly right of way line of the Colorado and Southern Railroad by the arc of a
curve to the right with a central angle of 00° 07' 23", a radius of 2,914.94 feet which lies
northeasterly of the curve, and a long chord that bears N 36' 25' 26" W, 6.26 feet;
Thence S 00' 19' 30" W, 775.99 feet to a point on the south line of that parcel described in Book
1552 at Page 64;
Thence N 88' 38' 30" E, 4.00 feet along said south line to the Point of Beginning.
Said Parcel contains 3,094 square feet, more or less.