HomeMy WebLinkAbout129 - 11/20/2012 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO THE NUNN TELEPHON ORDINANCE NO. 129, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
UTILITY EASEMENT ON CITY PROPERTY TO THE
NUNN TELEPHONE COMPANY
WHEREAS, the City is the owner of real property located in Latimer County and Weld
County, Colorado, known as Meadow Springs Ranch (the "City Property"); and
WHEREAS, the City Property is managed by the City's Water Reclamation and Biosolids
Division as a site for land application of biosolids; and
WHEREAS,Nunn Telephone Company(NTC)is requesting a ten foot wide utility easement
across the City Property for the installation and maintenance of new telecommunication
improvements that will serve their customers in portions of northeast Larimer County and northwest
Weld County; and
WHEREAS, the proposed easement will follow the shoulder of an existing access road on
the City Property with the exception of two spurs leading to nearby customers,as shown on Exhibit
"A", attached and incorporated herein by reference (the "Easement"); and
WHEREAS,NTC has agreed to pay the City$6,000 as compensation for the Easement and
for City staff s time to process this request; and
WHEREAS, City Utilities staff has not identified any negative impacts to the City Property
resulting from the grant of the Easement and related work; and
WHEREAS, the Water Board voted unanimously to recommend approval of the Easement
conveyance at its regular meeting on October 18, 2012; and
WHEREAS, Section 2 3-11 1 of the City Code provides that the City Council is authorized
to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of
the City, provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interest of the City and, with respect to real property that is part of the City's water or
utility systems, that the disposition will not materially impair the viability of the particular utility
system as a whole and that it will be for the benefit of the citizens 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 conveyance of the Easement on
the City Property to NTC as provided herein is in the best interest of the City, will not impair the
City's wastewater utility system, and will be for the benefit of the citizens of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to NTC on 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 are necessary or appropriate to protect the interests of the City or effectuate
the purposes of this Ordinance, including, but not limited to, any necessary corrections 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. 2012, and to be presented for final passage on the 20th day of November, A.D.
2012.
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Passed and adopted on final reading on the 20th day of November, A.D. 2012.
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EXHIBIT "A"
Telecommunications Easement from City of Fort Collins to Nunn Telephone Company
This Exhibit A describes three parcels of land included as part of this easement
PARCEL "A"
A parcel of land, five feet either side of a line generally running parallel to and 15 ft. east
of the centerline of a private road extending northward from Larimer County Road 92 to
the Colorado-Wyoming state line, situated in T11 N R68W, T11 N R67W and T12N
R67W and more particularly described as follows:
(NOTE: APPROXIMATE DISTANCES/BEARINGS SUBJECT TO FIELD
VERIFICATION AND DOCUMENTATION BY A LICENSED SURVEYOR)
BEGINNING at the southeast corner of Section 13, T11 N, R68W, thence west 1,793 ft.
along the south line of said Section 13, thence due north 30 feet to a point located on
the north right-of-way line of Larimer County Road 92 and approximately 52 ft. east of
the centerline of an existing private road, said point being the TRUE POINT OF
BEGINNING;
Thence N63010'W 35 ft. to a point on the east edge of said private road;
Thence N26050'E 2,902 ft. to a fence,
Thence N26150'E 1,228 ft. to a point on the east line of Section 13,
Thence N26050'E 254 ft.,
Thence 901 ft. along a curve to the-left which curve has a central angle of 15 degrees
and whose chord bears N21153'E 899ft.,
Thence N11°47'E 3,499 ft.,
Thence 549 ft. along a curve to the right, which curve has a central angle of 13 degrees
and whose chord bears N 18026"E 544 ft.,
Thence N23034'E 1,679 ft.,
Thence N25122'E 1000 ft.,
Thence 790 ft. along a curve to the left which curve has a central angle of 38 degrees
and whose chord bears N7017'E 785 ft.,
Thence N11147'W 222 ft. to a bridge,
Thence N34100' E 20 ft.,
Thence N11°47'W 260 ft.,
Thence N68°00'W 20 ft.,
Thence N11°47'W 1998 ft.,
Thence 535 ft. along a curve to the right, which curve has a central angle of 24 degrees
and whose chord bears N1°26'W 529 ft.,
Thence N12°24'E 3,628 ft.,
Thence 442 ft. along a curve to the right, which curve has a central angle of 18 degrees
and whose chord bears N20043'E 441 ft.,
Pg. 1
Thence N28113'E 1,777 ft. to a gate and fence, also known as "POINT A",
Thence N28113'E 3,770 ft., to a bridge
Thence N80100'E 20 ft.,
Thence N28113'E 60 ft.,
Thence N20°00'W 20 ft.,
Thence N28113'E 3,146 ft.,
Thence 468 ft. along a curve to the right, which curve has a central angle of 15 degrees
and whose chord bears N34°23'E 466 ft.,
Thence N43007' 2,318 ft.,
Thence 2,278 ft. along a curve to the left which curve has a central angle of 43 degrees
and whose chord bears N23122'E 2,245 ft.,
To a point on the Colorado-Wyoming state line, a total distance of 33,819 ft., more or
less;
PARCEL "B"
A parcel of land, five feet either side of a line generally running parallel to and 5 ft. south
of an existing fenceline situated in the NE'% Section 31, T12N, R67W and more
particularly described as follows:
BEGINNING at the northeast corner of Section 31, T12N, R67W, thence west 1,158 ft.
along the north line of said Section 31, thence south 695 feet to a point located on the
east side of an existing private road, said point being referenced in PARCEL "A" as
"POINT A" and the TRUE POINT OF BEGINNING;
Thence South 5 ft.,
Thence S50100'E 1,530 ft. to the east line of said Section 31, a total distance of 1,535
ft., more or less
PARCEL "C"
A parcel of land, five feet either side of a line generally running parallel to and 15 ft.
north of an existing aerial powerline situated in the SW'/<SE% Section 20, T12N, R67W
and more particularly described as follows:
BEGINNING at the southeast corner of Section 20, T12N, R67W, thence north 1,093 ft.
along the east line of said Section 20, thence west 2,430 feet to a point located 15 ft.
east of the centerline of an existing private road and 15 ft. north of an existing aerial
power line crossing said road and the TRUE POINT OF BEGINNING;
Thence S54°27'E 618 ft.,
Thence S70°16'E 335 ft. to a point five feet west of the west right-of-way line of
Interstate 25,
Thence parallel to and five feet west of the west right-of-way line of Interstate 25 on a
bearing of N201 53'E a distance of 422 ft;
a distance of 1,375 ft., more or less.
Pg. 2
SEE SHEET 2
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DISTANCE 901'
CENTRAL ANGLE 15°
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CURVEI 901'
N26'50'E 254'
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N63"10'W 35'
BEGINNING OF EASEMENT'
NO'00'W 30'
LARIMER COUNTY
ROAD 92 N90'00'W 1,793' ® SSOUTHEAST
UTHE SI3,CORNE R68W
NUNN TELEPHONE COMPANY SUBJECT TO FIELD VERIFICATION
NOT SURVEYED
DRAFT EXHIBIT 'A', PARCEL "A"
EASEMENT WITH
CITY OF FORT COLLINS SHEET I DE 4
SEE SHEET 3
lIW
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CURVE4:
II CURVE4 535' DISTANCE 535'
CENTRAL ANGLE 24'
I I CHORD N1'26'W 529'
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N68°00'W 20'
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11 Nll'47'W 260'
BRIDGE I - 111 -,_ N3
1 NII'47'W 222'
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I I CURVES 790' DISTANCE 790'
CENTRAL ANGLE 38°
CHORD N7'17'E 795'
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CURVE21
DISTANCE 549'
CENTRAL ANGLE 13'
CHORD N18'26'E 544'
CURVE2 549'
\\1 1 SUBJECT TO FIELD VERIFICATION
NOT SURVEYED
SEE SHEET I NUNN TELEPHONE COMPANY
DRAFT EXHIBIT "A", PARCEL "A"
EASEMENT WITH
CITY OF FORT COLLINS SHEET 2 OF 4
SEE SHEET 4
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N20°00'W 20'
BRIDGE 2 - / N2�0'
N8D°00'E 20'
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POINT 'A' (GATE)
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CURVE5
CURVES 442' ➢ISTANCE 442'
CENTRAL ANGLE 18'
CHORD N20°43'E 441'
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SUBJECT TO FIELD VERIFICATION
NOT SURVEYED
SEE SHEET 2 NUNN TELEPHONE COMPANY
DRAFT EXHIBIT °A`, PARCEL 'A'
EASEMENT WITH
CITY OF FORT COLLINS SHEET 3 OF 4
A
WYOMING
COLORADO
' II
II END OF EASEMENT
II
II
II
II
CURVET:
DISTANCE 2,278'
CENTRAL ANGLE 43°
CHORD N23°22'E 2,245,
CURVE7 2,278'
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CUR VE6:
DISTANCE 468'
CENTRAL ANGLE 15*
CHORD N34'23'E 466'
CURVE6 468'
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SUBJECT TO FIELD VERIFICATION
NOT SURVEYED
SEE SHEET 3 NUNN TELEPHONE COMPANY
DRAFT EXHIBIT "A", PARCEL `A"
EASEMENT WITH
CITY OF FORT COLLINS SHEET 4 OF 4
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SECTION 31, T12N, R67W
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SUBJECT TO FIELD VERIFICATION
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NUNN TELEPHONE, COMPANY
DRAFT EXHIBIT 'A', PARCEL 'B'
EASEMENT WITH
CITY OF FORT COLLINS SHEET I OF I
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START OF
PARCEL C
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ARCEL C
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WEST RIGHT OF
WAY LINE
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SOUTHEAST CORNER"
SECTION 20, T12N, R67W
SUBJECT TO FIELD VERIFICATION
NOT SURVEYED
NUNN TELEPHONE COMPANY
DRAFT EXHIBIT "A", PARCEL "C"
EASEMENT WITH
CITY OF FORT COLLINS SHEET I OF I