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HomeMy WebLinkAboutReport - Read Before Packet - 9/23/2014 - Powerpoint Regarding Agenda Item #3 - Waterline Easement -City Of Greeley9/23/2014 1 1 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 2 9/23/2014 2 3 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 4 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. 9/23/2014 3 5 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. 6 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.” 9/23/2014 4 7 Staff Recommendation Staff recommends final adoption of the Ordinance on Second Reading.