HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2002 - SECOND READING OF ORDINANCE NO. 001, 2002, CLARIFY AGENDA ITEM SUMMARY ITEM NUMBER: 8
DATE: February 5, 2002
FORT COLLINS CITY COUNCIL FROM: Jim Hibbard/
Ron Mills
SUBJECT:
Second Reading of Ordinance No. 001, 2002, Clarifying the Description of Ditch and Pipe Line
Rights-of-Way Previously Abandoned by the City in Accordance with Ordinance No. 25, 1999.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
In 1999,the City Council formally recognized the abandonment as of 1906,of certain rights-of-way
that had been granted to the City in 1882. The City then disclaimed its interest in the underlying
property, subject to two water line easements for existing water pipelines on that property.
Since that time, the owner of the property has discovered an error in the legal description used to
quiet his title in the property in 1999. As a result, a new quiet title action has been initiated, based
on the corrected legal description of that property.
Ordinance No. 001, 2002, which was unanimously adopted on First Reading on January 15, 2002,
confirms that the 1882 rights on the property as correctly described were abandoned by the City as
of 1906,subject to correction of the 1999 water line easements as needed. This Ordinance expressly
acknowledges that abandonment by reference to the corrected legal description.
AGENDA ITEM SUMMARY ITEM NUMBER: 19
FORT COLLINS CITY COUNCIL DATE: January 15, 2002FROM: Jim Hibbard/
Ron Mills
SUBJECT :
First Reading of Ordinance No.001,2002,Clarifying the Description of Ditch and Pipe Line Rights-
of-Way Previously Abandoned by the City in Accordance with Ordinance No. 25,,J 999.
RECOMMENDATION: z,
Se
Staff recommends adoption of the Ordinance on First Reading ,
EXECUTIVE SUMMARY:
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In 1999,the City Council formally recognized the a en as of 1906,of certain rights-of-way
that had been granted to the City in 1882 The City ?;aimed its interest in the underlying
property, subject to two water line a for existi pipelines on that property.
Since that time, the owner o e property h ered an m e legal description used to
quiet his title in the propern 1999. Asa resu : quiet tit ton has been initiated, based
on the corrected legal description of that property.
In order to confirm that the;f882 rights on the proper as correctly described were abandoned by
the City as of 19 ubjecf ection of the 1999 water line easements as needed,this Ordinance
expressly „ +ages th - nment by reference to the corrected legal description. Upon
compl n of the Ordinance,t s ' 1 discla' s interest in the subject 1882 rights-of-way on
the n y described property in thc` ion that has been filed by the property owner.
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