HomeMy WebLinkAboutReport - Read Before Packet - 9/23/2014 - Powerpoint Regarding Agenda Item #3 - Waterline Easement -City Of Greeley9/23/2014
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Agenda Item 3
September 23, 2014
Authorizing the Conveyance of a Waterline
Easement, Access Easement, and Temporary
Construction Easement on City property to
the City of Greeley
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Overview of Request
• Presented for 1st
Reading on September 2, 2014
– Adopted by a vote of 5-1
• Ordinance presented for 2nd
Reading on
September 16, 2014
– Postponed to September 23, 2014 to:
• Provide opportunity to tour the location
• Address additional questions posed by City Council
• Summary of ownership dispute issue
• City Council Site Visit – September 22, 2014
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Council Requested Information
• Provide an analysis of the utilities interest with the
canal and how the easement agreements address
those interests.
– The City Ditch has been used by the City and
ditch companies by agreement to convey water
for delivery to shareholders.
– The conveyance of the requested easements
will not affect the City’s or the ditch company’s
current or future interests in the ditch.
– The negotiated easement provides plan review
and notice and prevents surface conflicts.
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Council Requested Information
• Provide clarification regarding the ownership
dispute
– The point in dispute is whether the City
acquired the property in fee or a right of way.
– The City acquired title by means of a Rule and
Order issued in June of 1883 and recorded in
1892.
– The City has a certified Abstract of Title
certifying the City’s ownership.
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Council Requested Information
• Please provide pertinent title documentation for
the City property and any exceptions from the
neighboring property owner’s ownership.
– Larimer County District Court Rule and Order
recorded in Book 87 at page 556.
– 1892 Title Abstract reflecting Rule and Order.
– 1977 deed to neighboring property owner
excepting “tract to City of Fort Collins by deed
recorded in Book 87 at page 556.”
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Staff Recommendation
Staff recommends final adoption of the
Ordinance on Second Reading.