HomeMy WebLinkAbout033 - 03/06/2001 - AUTHORIZING THE CONVEYANCE TO VOICESTREAM PCS II OF AN ADDITIONAL EASEMENT ON CITY-OWNED PROPERTY AT ORDINANCE NO. 33, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO VOICESTREAM PCS II
OF AN ADDITIONAL EASEMENT ON CITY-OWNED PROPERTY AT
CITY PARK NORTH BALLFIELD,
FOR THE LOCATION OF UTILITIES ASSOCIATED
WITH ITS PREVIOUSLY APPROVED LEASE FOR ANTENNA EQUIPMENT
WHEREAS, the City is the owner of that certain parcel of real property known as the City
Park North Ballfield (the "North Ballfield"); and
WHEREAS,the Council has previously approved Ordinance No. 193,2000,authorizing the
lease to Voicestream PCS II ("Voicestream") of a location on a pole Voicestream has agreed to
install for the City at the North Ballfield, pursuant to City specifications, for an array of personal
communications service antenna; and
WHEREAS,Ordinance No. 193,2000,also provided that,in order for Voicestream to install,
operate and maintain the necessary equipment in connection with the lease arrangement, the City
would grant to Voicestream access and utility easement rights on and under certain portions of the
North Ballfield, for Voicestream's nonexclusive use in connection with the Agreement during the
term of the Agreement; and
WHEREAS, since the adoption of Ordinance No. 193, 2000, Voicestream has determined
that one additional easement location will be required to allow for a necessary telephone line
connection, on the property described on Exhibit "A", attached hereto and incorporated herein by
this reference (the "Additional Easement"); and
WHEREAS,City staff has determined that the proposed installation and use by Voicestream
of the Additional Easement, along with the previously approved lease and access and utility
easement, is consistent with and will not conflict or interfere with the City's and the public's use of
the North Ballfield; and
WHEREAS,the financial benefits to the City of permitting the proposed use are substantial,
and the impacts to the City of the same are minimal; and
WHEREAS,Section 23-111 of the City Code provides that the 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 to Voicestream PCS
II,of a non-exclusive access and utility easement over that certain City property described on Exhibit
"A",also attached hereto and incorporated herein by this reference,is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute an Easement Agreement
conveying to Voicestream non-exclusive access and utility easement rights on and under the
Additional Easement property, as described on Exhibit "A", for the duration of the City's related
lease agreement with Voicestream PCS,H,which Easement Agreement shall be consistent with the
terms hereof and with the Agreement, along with such other provisions as the City Manager, in
consultation with the City Attorney, deems necessary or appropriate to protect the interests of the
City.
Introduced, considered favorably on first reading, and ordered published this 20th day of
February, A.D. 2001, and to be presented for final passage on the 6th day of March, A.D. 2001.
Mayor -y`
ATTEST:
- �")k L
City Clerk
Passed and adopted on final reading this 6th day of March, A.1XI`001. ,
w�
'Mayor
ATTEST:
- �4AL k. A A
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
THE EASEMENT AREA IS LEGALLY DESCRIBED AND DEPICTED AS FOLLOWS:
SHEET 1 OF 3
WEST MOUNTAIN AVE. (UNKNOWN WIDTH)
I I
N89'57'07"W 181.62' I
I jp
I oa I
Z" II
0 ` \
Oi
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S89'53'45"W Fn
9.02' — , \ \ Scale: 1" = 30'
Up
FORT COLLINS HOUSING I \ \ e ''6 11 1 30
AUTHORITY PARCEL I I o \ \
II \ \
a \ Z
S89'56'31"E 177.44' " cam^ \\ 7C)� \
I I3 \yNA \
EXISTING I lio
5' UTILITY--.1 \ \
EASEMEN I Io \
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TRUE POINT OF I I TRUE POINT OF
BEGINNING BEGINNING
UTIL. ESMNT. I I UTIL ESMMN/ 33 E
/ Zy
TRUE POINT OF 0p� J+
BEGINNING 0�k30 •(YC�G a�
VOICESTREAM 0- N77�56" �Ss
LEASE PARCEL
\25• o0 0 ?PRG�� 26 \\s CP.
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ZaW.F-�\F,PS� •fc 15�p 6p �Z p
/ /yam oo.�o QPR q'SpO� PROPOSED
• /i 56; Vol CESTREAM o
LEASE PARCEL
EXISTING UTILITY POLE
TOWER
g`l• / 36.41'
5
PROPOSED
TOWER MERICAN
3" ALUMINUM CAP �r
SET IN CONCRETE CONSULTING
(ILLEGIBLE)
SW CORNER SEC. 10, T7N, GROUP, INC.
R69W OF THE 6TH P.M. 6830 N. BROADWAY. SUITE G GROUP
DENVER. CO 80227
PHONE 303) 412-8900
FAX (30 ) 412-8999
EXHIBIT "A"
PAGE 2OF3
LEGAL DESCRIPTION
THE EASEMENT AREA IS LEGALLY DESCRIBED AND DEPICTED AS FOLLOWS:
A 20 FOOT WIDE ACCESS AND 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 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE BASIS OF BEARING IS THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 10 BEING NORTH 00026'49" EAST;
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION
10 BEARS SOUTH 52000'42" WEST A DISTANCE OF 2,695.80 FEET; THENCE
NORTH 61°43'00" EAST A DISTANCE OF 60.00 FEET; THENCE SOUTH 28017'00"
EAST A DISTANCE OF 9.87 FEET TO THE POINT OF BEGINNING; THENCE NORTH
70048'33" EAST A DISTANCE OF 82.01 FEET; THENCE NORTH 1901127" WEST A
DISTANCE OF 111.53 FEET; THENCE NORTH 00000'00" EAST A DISTANCE OF
38.44 FEET, MORE OR LESS, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF WEST MOUNTAIN AVENUE AND THE POINT OF TERMINUS. THE SIDE LINES
OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED SO AS NOT TO
CREATE GAPS OR OVERLAPS, TO BEGIN ON THE NORTHEASTERLY LINE OF
THE LEASE PARCEL AND TERMINATE AT THE SOUTH RIGHT-OF-WAY LINE OF
SAID WEST MOUNTAIN AVENUE.
A 5 FOOT WIDE EASEMENT FOR UTILITY PURPOSES LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST
OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO, SAID EASEMENT LYING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
THE BASIS OF BEARING IS THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 10 BEING NORTH 00026'49" EAST;
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION
10 BEARS SOUTH 52000'42" WEST A DISTANCE OF 2,695.80 FEET; THENCE
NORTH 6104300" EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 28°1T00" WEST A DISTANCE OF 2.50 FEET;
THENCE SOUTH 61043'00" WEST A DISTANCE OF 30.52 FEET; THENCE SOUTH
29036'36" WEST A DISTANCE OF 46.02 FEET TO THE POINT OF TERMINUS. THE
SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
ELIMINATE GAPS AND OVERLAPS.
EXHIBIT "A"
PAGE 3 OF 3
LEGAL DESCRIPTION
THE EASEMENT AREA IS LEGALLY DESCRIBED AND DEPICTED AS FOLLOWS:
A 5 FOOT WIDE EASEMENT FOR UTILITY PURPOSES LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST
OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO, SAID EASEMENT LYING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
THE BASIS OF BEARING IS THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 10 BEING NORTH 00026'49" EAST;
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION
10 BEARS SOUTH 52000'42" WEST A DISTANCE OF 2,695.80 FEET; THENCE
NORTH 61°43'00" EAST A DISTANCE OF 54.69 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 01°37'51" WEST A DISTANCE OF 89.24 FEET;
THENCE SOUTH 89053'45" WEST A DISTANCE OF 9.02 FEET TO THE POINT OF
TERMINUS, THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR
LENGTHENED TO ELIMINATE GAPS AND OVERLAPS.
A 5 FOOT WIDE EASEMENT FOR UTILITY PURPOSES LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST
OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO, SAID EASEMENT LYING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
THE BASIS OF BEARING IS THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 10 BEING NORTH 00026'49" EAST;
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION
10 BEARS SOUTH 52000'42" WEST A DISTANCE OF 2,695.80 FEET; THENCE
NORTH 61°43'00" EAST A DISTANCE OF 60.00 FEET; THENCE SOUTH 28017'00"
EAST A DISTANCE OF 17.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 77002'56" EAST A DISTANCE OF 26.78 FEET; THENCE SOUTH 64048'49"
EAST A DISTANCE OF 99.26 FEET; THENCE SOUTH 68°09'33" EAST A DISTANCE
OF 52.33 FEET TO THE POINT OF TERMINUS, THE SIDE LINES OF SAID
EASEMENT TO BE SHORTENED OR LENGTHENED TO ELIMINATE GAPS AND
OVERLAPS.