HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/1999 - SECOND READING OF ORDINANCE NO. 25, 1999, RECOGNIZ AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: March 2, 1999
FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard/
Ron Mills
SUBJECT:
Second Reading of Ordinance No.25, 1999,Recognizing an Abandonment of Ditch and Pipe Line
Rights-of-Way in Exchange for the Granting of Two Water Line Easements.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
The Water Utilities staff was originally approached in 1990 by a property owner requesting that the
City, vacate a strip of right-of-way adjacent to this property. As this request was being circulated,
Cultural, Library and Recreational Services ("CLRS") identified the strip as a potential alignment
for the Poudre River Trail; therefore, the request was denied. Since that time, CLRS eliminated
lip this alignment from consideration for the trail system due to safety reasons as it approached
Overland Trail Road. Ordinance No. 25, 1999 was unanimously adopted on First Reading on
February 16, 1999.
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AGENDA ITEM SUMMARY ITEM NUMBER: 16
DATE: February 16, 1999
FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard/
Ron Mills
SUBJECT:
First Reading of Ordinance No. 25, 1999, Recognizing an Abandonment of Ditch and Pipe Line
Rights-of-Way in Exchange for the Granting of Two Water Line Easements.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
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EXECUTIVE SUMMARY:
The Water Utilities staff was originally approached in 1990 by a property owner requesting that the
City vacate a strip of right-of-way adjacent to this property. As this request was being circulated,
Cultural, Library and Recreational"Services("CLR�S")identified the strip as a potential alignment
for the Poudre River Trail; therefore, the request was denied. Since that time, CLRS eliminated
this alignment from consideration for the trail system due to safety reasons as it approached
Overland Trail Road.
Recently, a contract purchaser of an adjacent property requested that the above-mentioned strip of
land along with a pipeline right-of-way be abandoned as they affect his land purchase. He asserts
that they have not been used for the intended purpose since 1906. The conveyance documents
contain language similar to the following: ... "provided that in case the said To«m, its successors
and assigns shall permanently abandon said line,the same to revert to and become reinvested in said
Grantor, his/her heirs and assigns".
During research,staff discovered the two:existing waterlines crossing contract purchaser's property
were not contained in recorded easements. Thecontract purchaser has agreed to grant to the City
the water line easements in exchange for recognition by the City that 1906 was the date of
abandonment for the rights-of way. After researching the conveyance documents.staffrecommends
approval of contract purchaser's proposal.