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HomeMy WebLinkAbout104 - 08/19/2014 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO THE NUNN TELEPHON ORDINANCE NO. 104, 2014 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 Larimer 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 utility easement ten feet wide and approximately 690 feet long across the City Property for the installation and maintenance of a fiber-optic line between Weld County Road 15 and an AT&T fiber regeneration but located on the City Property; and WHEREAS, the proposed easement is described on Exhibit "A", attached and incorporated herein by reference (the "Easement"); and WHEREAS, the Easement would be located immediately adjacent to an existing access road that serves the AT&T fiber hut; and WHEREAS, NTC has agreed to pay the City $2,500 as compensation for the Easement, plus a $1,000 processing fee for City staffs time to process this request; and WHEREAS, City staff has not identified any negative impacts to the City Property expected to result from the grant of the Easement and related work; and WHEREAS, at its regular meeting on June 19, 2014, the Water Board voted unanimously to recommend approval of the Easement conveyance provided that NTC agrees as part of the Easement agreement to be responsible for controlling noxious weeds within the area disturbed by NTC's activities; and WHEREAS, Section 23-111 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 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: - 1 - 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, so 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 15th day of July, A.D. 2014, and to be presented for final passage on the I9th day of August, A.D. 2014. G\�y OF FO�j Mayor Pr em ATTEST: Cr :x City Clerk `OFrADO Passed and adopted on final reading on the 19th day of August, A.D. 2014. (AJ Maybbr ATTEST: ry -kI FOnTc,O City Clerk 6nADO -2 - EXHIBIT "A" Telecommunications Easement from City of Fort Collins to Nunn Telephone Company Referencing a right-of-way and easement from Warren Live Stock Company to American Telephone and Telegraph Company recorded with Weld County on April 21, 1941 under Reception Number 871175; and, Referencing a survey completed February 23, 2000 by Becky EJ Braman, recorded with Weld County on February 28, 2000 under Reception Number 2751812, said survey documenting an existing road and fenced compound ("AT&T fiber regeneration site") A parcel of land, five feet either side of a line generally running parallel to and 15 ft. north of the centerline of a private road extending westward from Weld County Road 15 to a utility building, situated in Section 7, T10N R67W, 6�h P.M., Weld County Colorado, and more particularly described as follows: BEGINNING at the southeast corner of Section 7, T10N, R67W, thence west 30 ft. to a point on the west right-of-way of Weld County Road 15, thence north along the west line of said road right-of-way 4,161.07 ft. to the centerline of the access road described in the Braman survey; thence 15 ft. north to the TRUE POINT OF BEGINNING; Thence S88020'24"W 688.60 ft. to a point on the east edge of the north-south corridor described in the AT&T right-of-way and easement and as depicted in the Braman Survey, a total distance of 688.60 ft. Pg. l DRAWING for EXHIBIT"A" I I AT&T Fiber i I Utility Right-of-way I And Easement I I Reception No. 871175 I � ! I Nunn Telephone Company x Utility Easement �I N II R i 61 I �I H ' I 'I AT&T Fiber sl I I I Regeneration Hut 1 I I ' .i ♦ —....—. . ..=� _ — '1 � 5^y3_ war,{„S,Se��r.M. r u!'.i'1 �� . I^ I Olew M""rM swW20•a w r y I I I SCA E - 40, 1 O g • 1 I NOTE: Base map is taken from a survey completed February 23,2000 by Becky EJ Braman, EIS I 1 recorded with Weld County on February 28, 2000 under Reception Number 2751812 I I