HomeMy WebLinkAbout006 - 01/20/2004 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO QWEST CORPORATION ACROSS CITY-OWNED PROPERTY IN ORDINANCE NO. 006, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO QWEST
CORPORATION ACROSS CITY-OWNED PROPERTY IN AVERY PARK
WHEREAS, the City of Fort Collins is the owner of certain real property, located at the
southwest comer of South Taft Hill Road and Clearview Avenue in Fort Collins, known as Avery
Park (the "Park"); and
WHEREAS,Qwest Corporation("Qwest")wishes to acquire anon-exclusive easement over,
on, across, and under a portion of the Park, as described in Exhibit "A", attached hereto and
incorporated herein by this reference(the"Easement Area"),to construct,operate,maintain,repair,
remove and replace a telecommunication cabinet to provide enhanced service to the community;and
WHEREAS, Qwest has agreed to pay to the City in exchange for the easement the amount
of$500; and
WHEREAS,City staff has identified no negative impacts to the City resulting from the grant
of the requested easement or installation of the Qwest telecommunication box; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds by ordinance that any sale or disposition of that real property interest 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 City Council hereby finds that the above described conveyance of a non-
exclusive easement under and across the Easement Area will be for the benefit of the City's citizens
and is in the best interest of the City of Fort Collins.
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 determines are in the best interest
of the City.
Introduced, considered favorably on first reading and ordered pu ished this 6th day of
January, A.D. 2004, and to be presented for final passage on the 20th d f Januar A,.Pr. 2004.
ayor
TTEST:
City Clerk
Passed and adopted on final reading this 20th day of January, A.D. 2004.
MayorPro Tom
ATTEST:
"UVL4
City Clerk
EXHIBIT "A"
A PARCEL OF LAND, AND A STRIP OF LAND 5.00 FEET IN WIDTH, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A
PORTION OF LANDS DESCRIBED AT BOOK 1090, PAGE 194, FILED IN THE LARIMER
CLERK AND RECORDER'S OFFICE, SAID STRIP BEING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS N00'32'00"W A DISTANCE OF 379.50 FEET
ALONG THE WESTERLY LINES OF LOTS 107-111 , MILLER BROTHERS' FOOTHILLS
SUBDIVISION—THIRD FILING, FILED IN THE LARIMER COUNTY CLERK AND RECORDER'S
OFFICE AT BOOK 7, PAGE 48;
PARCEL:
BEGINNING AT A POINT WHICH BEARS S42'08'57"E A DISTANCE OF 114.46 FEET FROM
THE SOUTHWEST CORNER OF SAID LOT 111;
THENCE N80'42'34"E A DISTANCE OF 7.50 FEET TO POINT "A"; THENCE CONTINUING
N80'42'34"E A DISTANCE OF 2.50 FEET; THENCE S09'17'26"E A DISTANCE OF 10.00
FEET; THENCE S80'42'34"W A DISTANCE OF 10.00 FEET; THENCE N09'17'26"W A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
SAID$ARCEL CONTAINS 100 SQUARE FEET OF LAND, MORE OR LESS.
STRIP:
BEGINNING AT SAID POINT "A";
THENCE N09'17'26"W A DISTANCE OF 4.00 FEET TO THE POINT OF TERMINUS; WHENCE
THE NORTHWEST CORNER OF SAID LOT 107 BEARS N10'44'24"W A DISTANCE OF
467.37 FEET.
THE CENTERLINE LENGTH OF SAID STRIP IS 4.0 FEET, MORE OR LESS.
THE SIDELINES OF SAID STRIPS ARE TO BE LENGTHENED OR SHORTENED SO AS NOT
TO CREATE ANY GORES OR OVERLAPS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION
AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
0 HE • �
CHRI fA P.L.S. D TE
---------------L2
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FOR -.§1N81 RECISION SURVEY & MAPPING, INC.
e
L LA�g
man sic i W NE
1780 S. Bellaire St., Ste. 230
Denver, CO 80222
TEI_(303)753-9799 FAX:(303)753-4044
PSM JOB# R4235
ACAD FILE: R4235.dwg
1
SC ISTY OWNO F mmmmFORT COL I N S CORPORATION
PART OF THE SW1 4 SECTION 15 TOWNSHIP 7 NORTH RANGE 69 WEST 1 "= 3 O r 1801 CAUFORNIA ST., STE. 5100
6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO IPAGE 2 OF 2 DENVER CO 80202
QWEST JOB# 32213788 FORT COLLINS EX113.014 IDECEMBER 16 2003 GEO CODE 261170
EXHIBIT "A" _-----_-----_-------
o
NW COR
�I LOT 107
MI
Iz MILLER BROTHERS' FOOTHILLS SUBDIVISION—THIRD FILING
FILED IN THE LARIMER COUNTY
Im CLERK AND RECORDER'S OFFICE
o BOOK 7, PAGE 48
IN
a
m
SW1/4 SEC. 15
T7N, R69% 6TH P.M.
I^
Io
Io
I
IN I
Iz i LOT 106
J
313 I
o
iV I LOT 111
z SW COR I /_-
LOT 111 L
PCURB &
CLF1 AVENGE GUTTER
i;;;,
STRIP
POINT OF
T_INUS CENTERLINE 5.00' M7DE
- — -- -- _` 'A TELECOMMUNICATIONS EASEMENT
CENTERLINE LENGTH=4.0'f
STRIP
POINT OF
POCKET r Ir, BEGINNING
POINT IF P POINT "A"
= BEGINNING U3
Irrz LINE TABLE POCKET EASEMENT
p I LINE BEARING DISTANCE AREA=100 SQ.FT.t
g ; L1 N80'42'34"E 10.00'
L2 S09"17'26"E 10.00' CITY OF FORT COLLINS
L3 S80'42'34"W 10.00' FILED IN THE LARIMER COUNTY
CLERK AND RECORDER'S OFFICE
L4 N09'17 26'W 10.00' BOOK 1090, PAGE 194
L5 N09'17'26"W 4.00'
���y 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR.
(un� unt��t� �IM11CI YIY(� �� 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
1780 S. Bellaire St., Ste. 230 FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON
Denver, Co 80222 ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE
TEL•(303)753-9799 FA%:(303)753-4044 DATE OF THE CERTIFICATION SHOWN HEREON.
PSM JOB# R4235 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE
ACAD FILE: R4235.deg TELECOMMUNICATIONS EASEMENT(S) FOR QWEST COMMUNICATIONS.
4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF ALTERED IN ANY WAY.
SUBDIVISION OR OWN R QWES+T
C I TY OF FORT COLLINS, CORPORATION
PART OF THE SW1 A SECTION 15 TOWNSHIP 7 NORTH RANGE 69 WEST 1 " = 30 1801 CAUFORNIA ST., STE. 5100
6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO PAGE 1 OF 2 DENVER CO 80202
WEST JOB# 322R788 FORT COLUNS EXC.jR.0A# IDECEMBER 16 2003 GEO CODE 261170