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HomeMy WebLinkAbout134 - 11/20/2007 - AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AT THE NORTHSIDE AZTLAN COMMUNITY CENTER TO COMCAST ORDINANCE NO. 134, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AT THE NORTHSIDE AZTLAN COMMUNITY CENTER TO COMCAST OF CALIFORNIA/COLORADO LLC AND TO QWEST CORPORATION WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the Northside Aztlan Community Center, located at 112 Willow Street("NACC"); and WHEREAS, Lagunitas Giddings, Inc. ("LGP') is planning a project known as Willow Street Lofts ("WSL") adjacent to the NACC; and WHEREAS, as part of the WSL, LGI needs to remove utilities owned by Comcast of Califomia/Colorado LLC ("Comcast') and Qwest Corporation ("Qwest') from a vacated alley adjacent to the WSL; and WHEREAS, LGI has asked that the City provide a new location for those utilities by granting a utility easement to Comcast and Qwest on and across the NACC property; and WHEREAS, the requested utility easement would be four feet in width and would contain 840 square feet, and is described on Exhibit"A", attached hereto and incorporated herein by this reference; and WHEREAS, the utility easement would be in the same area as the proposed Landscape Easement to LGI that the Council is considering as part of Ordinance No. 133, 2007; and WHEREAS, LGI has agreed to coordinate with Qwest and Comcast to move the utility lines and LGI will pay all costs of the utility work; and WHEREAS, the relocation of these utilities will assist in development of the WSL project, which will in turn benefit the City by redeveloping and revitalizing a former industrial area adjacent to the NACC; and WHEREAS, based on the above information, staff has determined that the conveyance of the Utility Easement will benefit the City and will not have any adverse effects on the NACC, and is therefore recommending that the City not charge for the easement; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of interests in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 conveyance of the Utility Easement over, under and across the Property to Comcast and Qwest on terms and conditions consistent with this Ordinance 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 Utility Easement to Comcast and Qwest upon terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary changes to the legal description of the easement, as long as such changes do not materially increase the size or change the character of the easement. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. i Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of ember, A.D. 2007. Mayo ATTEST: City Clerk EXHIBIT"A" PROPERTY DESCRIPTION: UTILITY EASEMENT A 4 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6'" P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows, to wit: Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as bearing North 48°50'00"West as shown on the recorded plat of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Clerk and Recorder of Larimer County and with all bearings contained herein relative thereto; Commencing at the easternmost corner of said Tract A; thence along the southeasterly line of Lot 3, Northside Aztlan Community Center, North 41°10'00" East, 6.00 feet to the Point of Beginning;thence North 48050'00"West, 210.00 feet; thence North 41"10'00" East, 4.00 feet; thence South 48'50'00" East, 210.00 feet to said southeasterly line of Lot 3; thence along said southeasterly line, South 41010'00"West, 4.00 feet to the Point of Beginning and containing 840 square feel, more or less. SURVEYORS STATEMENT: I,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado, hereby state that this real property description was prepared for Lagunitas Companies from information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided by the client and the City of Fort Collins, and that it is not to be construed as representing a monumented land survey. G/ Alex Ro f't?!m ns ySf .L.S. No. 34176 34176" `?Zt41 LAN�y