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HomeMy WebLinkAbout147 - 10/03/2006 - AUTHORIZING THE CONVEYANCE OF A TELEPHONE CABLE RIGHT-OF-WAY EASEMENT TO QWEST CORPORATION ON CATHY (2) ORDINANCE NO. 147, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TELEPHONE CABLE RIGHT-OF-WAY EASEMENT TO QWEST CORPORATION ON CATHY FROMME PRAIRIE NATURAL AREA WHEREAS, the City of Fort Collins (the "City") is the owner of the area known as the Cathy Fromme Prairie Natural Area located near the southwest limits of the City (the "Natural Area"); and WHEREAS, Qwest, without appropriate authorization, installed a telephone cable on property that is now a portion of the Natural Area approximately twenty years ago; and WHEREAS, Qwest has proposed to purchase a perpetual nonexclusive easement (the "Easement") at the location of the buried telephone cable more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference(the "Easement Area"); and WHEREAS, City staff has determined that the estimated fair market value of the Easement for the installed telephone cable is nominal and recommends that compensation of $1,000 be required to offset administrative costs associated with the Easement request; and WHEREAS, based on staffs review, it has been determined that the conveyance of the Easement and continued existence of the buried cable on the Natural Area will not have any ' adverse affects on the Natural Area; and WHEREAS, staff has proposed that the Easement be limited to operation, maintenance and repair of the existing cable only, and that the City require that Qwest obtain additional authorization for any replacement or expansion of the cable or any activities other than repair or maintenance; and WHEREAS, on June 14, 2006, the Land Conservation and Stewardship Board reviewed the proposed conveyance and recommended that the Council approve the conveyance of the PP Easement, with limitations and restrictions; and WHEREAS, Section 23-I11 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 the Easement to Qwest Corporation consistent with the terms of this Ordinance will be for the benefit of the City's citizens and will be 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 for the City to convey the Easement on the Natural Area consistent with the terms of this Ordinance, together with such additional terms and conditions as the Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 19th day of September, A.D. 2006, and to be presented for final passage on the 3rd day of October, A.D. 2006. May r ATTEST: 0 City Clerk Passed and adopted on final reading on the 3rd day of ber, A.D. 2006. i May ATTEST: City Clerk EXHIBIT "A" Legal Description: The North Ten feet(10')of the Northeast Quarter(NE 1/4)of Section Four(4),in Township Six(6) North,of Range Sixty-nine(69), West of the Sixth Principal Meridian,except for the East Fifty feet (50.0') thereof set aside for Taft Hill Road Right-of-Way, containing approximately 0.606 acres, more or less, and subject to existing rights-of-way and easements of record or apparent.