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HomeMy WebLinkAbout156 - 10/05/2004 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT FOR A FIBER OPTIC DUCT BANK AND IRRIG ORDINANCE NO.156, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR A FIBER OPTIC DUCT BANK AND IRRIGATION WATERLINE TO POUDRE SCHOOL DISTRICT ON A PORTION OF THE STALEY NEIGHBORHOOD PARK SITE WHEREAS, the City of Fort Collins (the "City") is the owner of that certain real property located on the south side of Kechter Road (East County Road 36) between Ziegler Road (County Road 9)and Strauss Cabin road(County Road 7)in Larimer County,Colorado,known as the Staley Neighborhood Park site (the"Park"); and WHEREAS, the Poudre School District (the "District") has requested that the City grant a 10-foot wide non-exclusive easement(the "Easement") for the continued operation of a fiber optic duct bank and irrigation waterline across the northerly boundary of the Park, more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as the "Easement Area"); and WHEREAS, the District's use of the Easement will allow the District to maintain certain telecommunications services for Fossil Ridge High School and Zach Elementary School and to irrigate portions of its facilities; and WHEREAS, the City staff has recommended that there be no charge to the District for the Easement because the irrigation line will serve the Park when it is developed; and WHEREAS,the Council of the City of Fort Collins adopted Resolution 2004-009 on January 20, 2004, authorizing a revocable permit under Kechter Road for this duct bank and irrigation line; and WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to sell,convey or otherwise dispose of real property owned by the City,provided the City Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest 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 conveyance of the Easement upon,under and through 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 Poudre School District,consistent with the terms of this Resolution 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 first reading, and ordered published this 21st day of September,A.D. 2004, and to be presented for final passage on the 5th day of Ober,A.D. 200 Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of October, A.D. 2004. Mayor ATTEST: 4a4%L�n City Clerk EXHIBIT"A" 2002 ELEMENTARY SCHOOL SITE Fiber Optic/Irrigation Waterline Easement An easement over and across Lot 1, Staley/Poudre School MLD 00-S1535, located in the Northwest Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 68 West of the 6'P.M., County of Larimer, State of Colorado,being more particularly described as follows: Commencing at the North Quarter Comer of said Section 9; Thence South 00°00'42" West, along the West line of the Northwest Quarter of the Northeast Quarter of said Section 9, a distance of 57.02 feet to the northwest corner of said Lot 1 and the Point of Beginning; Thence South 88°28'48"East, along a line parallel with and 7 feet south of the north line of said Lot 1, a distance of 509.94 feet to the cast line of said Lot 1; Thence South 00°04'13"West, along the east line of said Lot 1, a distance of 10.00 feet; Thence North 88°28'48" West, along a line parallel with and 17 feet south of the north line of said Lot 1, a distance of 509.95 feet to the west line of said Lot 1; Thence North 00100'42"East, along the west line of said Lot 1, a distance of 10.00 feet to the Point of Beginning. County of Larimer, State of Colorado. The above described easement contains a gross area of 5,099 square feet(0.117 acres), more or less. Basis of Bearings: Assumed South 88°28'48" East along the North line of the Northwest Quarter of the Northeast Quarter of Section 9, Township 6 North, Range 68 West of the 6'P.M., being monumented as shown on the attached sketch. For and on behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 1901 Sharp Point Drive, Suite A Fort Collins, Colorado 80525 970.221.2400 G:\MEETING\Fina1\PR1 STALEY LEGALEsmnt.doc Page 1 of 2