HomeMy WebLinkAbout096 - 07/06/2004 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO QWEST CORPORATION UPON CITY-OWNED PROPERTY ORDINANCE NO. 096, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO
QWEST CORPORATION UPON CITY-OWNED PROPERTY
WHEREAS, the City of Fort Collins is the owner of certain property known as Tract B,
Brown Farm First Filing ("Tract B"); and
WHEREAS,Qwest Corporation("Qwest")wishes to acquire a non-exclusive easement over,
on, across, and under a portion of Tract B, 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, a portion of the Easement Area lies within an existing City utility and drainage
easement; and
WHEREAS, Qwest has agreed to pay to the City the amount of$500 in exchange for the
easement; 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 cabinet; 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 the real property interest will be in the
best interests of the City and,with respect to real property which is a part of the City's water or utility
systems, will be for the benefit of the City's citizens.
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 interests 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, in consultation with the City
Attorney, determines are in the best interest of the City.
Introduced, considered favorably on the first reading and ordered published this 15th day of
June, A.D. 2004, and to be presented for final passage on the 6th day of July, A.D. 2004.
Mayor
City Clerk
Passed and adopted on final reading this 6th day of July, A.D. 2004.
Mayor—
ATTEST:
City Clerk
EXHIBIT "All � CENTERLINE 5.00' WIDE
TELECOMMUNICATIONS EASEMENT
PAGE 2.. OF 3 NE CORNER
CENTERLINE LENGTH=13.5't
/ LOT 1, BLK 17
STRIP "A"
STRIP "A" POINT OF
POINT OF BEGINNING
/TERMINUS :-IL6 POINT "A"
L3I STRIP "B"
TRACT B 17 POINT OF
/ TERMINUS
POCKET EASEMENT L1
AREA=100 SQ.FT.t
CENTERLINE 5.00' WIDE
'POCKET TELECOMMUNICATIONS EASEMENT
POINT OF ' �^ CENTERLINE LENGTH=28.1'f
a �N'lY LINE BEGINNING
LOT 1, BLK 17 l
STRIP "B"
POINT OF p
II BEGINNING QO 1 I. POINT "B"
%I 16' UTILITY & z I! I N
DRAINAGE EASEMENT o: I
J w
a
to II TRACT B ` a
Q
BROWN FARM FIRST FILING I C II J H
FILED IN THE LARIMER COUNTY I II w'
CLERK AND RECORDER'S OFFICE I
BOOK 1473 PAGE 602 m II
I i� NE1/4 SEC. 21
to 1 T7N, R69W, 6TH P.M.
z
LOT LINE TABLE
BLOCK 17 i I; 11 LINE BEARING DISTANCE
Li N89-51'00"W 10.00'
_ L2 N00'09'00"E 10.00'
16' L3 S89'51'00"E 10.00'
DRAINAGNAG Y E EASEMENT iI
L4 S00'09'00"W 10.00'
L5 N00'09'00"E 6.01' -
16 N89'51'00"W 7.47'
L7 S89'51'00"E 28.06'
I olm
io I
SE CORNER a '� _
LOT 1, BLK 17 Ql�p L---- /
_J z;-
6' U.E. l
-j SUFFOO R.DSw)REST
1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR.
2.) ACCORDING TO COLO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECTT IN IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
Don , W2 Ball St., Ste. 230 FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON
Dm(W(3o CO 8022 ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE
m: apss-secs rAv:(303)753-aw4 DATE OF THE CERTIFICATION SHOWN HEREON.
PSM JOB# R5287 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE
can nB RX!57 n Md, TELECOMMUNICATIONS EASEMENT(S) FOR QWEST COMMUNICATIONS.
DRAWN: J.F.L 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND VOID IF.ALTERED IN ANY WAY.
STRACTR OWNER
BROWN FARM FIRST FILING
QWEST
CORPORATION
PART OF THE NEi 4 SECTION 21 TOWNSHIP 7 NORTH RANGE 69 WEST 1 = 2 O' 1801 CAUFORNIA ST., STE 5100
6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO PAGE 1 OF 21 DENVER CO 80202
QWEST JOB# 422B484 FT COLLINS EXC. R.O.W. MAY 10 2004 GEO CODE 261170
EXHIBIT "A" PAGE 3 OF 3
A PARCEL OF LAND, AND TWO STRIPS OF LAND 5.00 FEET IN WIDTH, LOCATED IN THE
NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, ALSO BEING A PORTION OF
TRACT B, BROWN FARM FIRST FILING, FILED IN THE LARIMER CLERK AND RECORDER'S
OFFICE AT BOOK 1473, PAGE 602, SAID STRIPS BEING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINES, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS NOO'09'00"E A DISTANCE OF 162.21 FEET
ALONG THE EASTERLY LINE OF LOT 1, BLOCK 17 OF SAID PLAT;
PARCEL:
BEGINNING AT A POINT WHICH BEARS N04'55'08"E A DISTANCE OF 144.68 FEET FROM THE
SOUTHEAST CORNER OF SAID LOT 1, BLOCK 17;
THENCE N89'51'00"W A DISTANCE OF 10.00 FEET; THENCE NOD'09'00"E A DISTANCE OF
10.00 FEET; THENCE S89'51'00"E A DISTANCE OF 2.50 FEET TO POINT "A"; THENCE
CONTINUING S89'51'00"E A DISTANCE OF 7.50 FEET; THENCE SOO'09'00"W A DISTANCE OF
5.00 FEET TO POINT "B"; THENCE CONTINUING S00'09'00"W A DISTANCE OF 5.00 FEET TO
THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 100 SQUARE FEET OF LAND, MORE OR LESS.
STRIP "A":
BEGINNING AT SAID POINT "A'
THENCE NOO'09'00"E A DISTANCE OF 6.01 FEET; THENCE N89'51'00"W A DISTANCE OF 7.47
FEET TO THE NORTHERLY LINE OF SAID LOT 1, BLOCK 17 AND THE POINT OF TERMINUS;
WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 17 BEARS N55'35'00"E ALONG
SAID NORTHERLY LINE, A DISTANCE OF 3.57 FEET.
THE CENTERLINE LENGTH OF SAID STRIP IS 13.5 FEET, MORE OR LESS.
STRIP "B":
BEGINNING AT SAID POINT "B";
THENCE S89'51'00"E A DISTANCE OF 28.06 FEET TO THE EASTERLY LINE OF
AFOREMENTIONED TRACT B AND THE POINT OF TERMINUS; WHENCE SAID SOUTHEAST CORNER
OF LOT 1, BLOCK 17 BEARS S15'11'28"W A DISTANCE OF 154.47 FEET.
THE CENTERLINE LENGTH OF SAID STRIP IS 28.1 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 REG/. s
o
CH P.L.S.------------- / E
FO 1 H. F PRECISION SURVEY & MAPPING, INC.
sipN.
�IlfflfL) �Ilx
IRV1780 S. Bellaire St., Ste. 230
0enmr, co Ba222
ML:(003)750-9799 FM:(300)7e3-w4*
PSM JOB+ R5267
40 Fla:PSM>-FIN-SIKEq
DRAK : J.F.L.
STRACTR OWNER
ER BROWN FARM FIRST FILING
QWEST
CORPORA710N
PART OF THE NEt 4 SECTION 21 TOWNSHIP 7 NORTH RANGE 69 WEST 1 "= 20' 1801 CALFORNIA ST, STE 5100
6TH PRINCIPAL MERIDIAN LARIMER COUNTY COLORADO PAGE 2 OF 2 DENVER CO 80202
WEST JOI3# 4228484 FT COLLINS EXC. R.O.w. MAY 10 2004 GEO CODE 261170