HomeMy WebLinkAboutBLOCK 272 WEST SIDE ADDITION - Filed RV-ROW VACATION - 2004-03-24`P0"T OF TTL '^ CIm{ ATTO:?I'FY III THE :`ATTER OF THE
PT7ITT OF HA_:'AII F. STUV :R FOR AID CRDTNAIICE VA-
rrml U CTS-TAIP? AIT ;_ I'_: BLOCK 272 I l IE 1'EST SIDE
t,,)DITIC1! A"' SHOI:r1I T T THE PLAT OF SAID SIIBDIVISIOII
nLOCI: 27u IIL=D Il' 1 EE OFFICE OF THr COUIITY CLERX
A_'.D BY r'IIC,H A= BAIPD APfiIL 26, 1392.
Tc t'he Honorable City Commissioners sitting in Council.
enticz,en:
In the matter of the petition of Hannah E. Stuver
or :r. ordinance vaeatin-: certain alleys in Block 272 as
a 1- t of the subdivision filed in the office of
t'.e County Clerk ari` F.eoordcr of Larimer County by Emich
ne 'z.irc". kril 26, 1£92, I subr..it the following report:
The etitior, States thLI the plat of Emi-h and
i; filed is tie ofi'ice of the County Clerk and Recorder
of Larc�nty on April 26, 1022, which said plat ded-
ic,:ted certain streets and. alleys to the City _ _.was
wceal�ted �= the City; ""Lit an examination of the records and
ecce :S'ina c '.he Citg Council does not show that any such
_:t was 1,reSented or ::'.nf aoticn was ever taken upon said
lr:t of swirl subd_ivisicn of Block 272 by the City Council.
The petition f--:rther states that a new plat of said
'solo 272 •,rs,s filed r;ith the County Clerk and Recorder by
^.e I,ctiticner oil November 1, 1904, and this was described
the Second. Subdivision of Block 272 and is so shown upon
cf ioial ;l.at bock in the office of the County Clerk
ad !Icccr`er.
The petition further states that this plat was accepted
.a City; but an examination of the records and. proceedings
Ci I r Council does r.ot show that such plat was pre-
-311ted Cr L,n— L,Otion was eve_` taken ul,,o':i the Second Subdiv-
-1-
ision of Bloch 272,
The City; En ieeer reports, after investigation, that
the "Keys in Kook 272 as zade in the Second Subdivision
Of said block filed November 1, 1904, are not all of them
oren or in use.
2. I recommend that no ordinance be prepared and
% c_teu by the City Council, vacating the alleys in Block
173 n3 cri inQly Plotted and filed on April 26, 1092 for
�. follorin reasons:
L. 'hile'an attempt was made to dedicate the
alleys in clock 272 in the zilinj of April 26, 1852,
as a matter of fact said Vlattiug was new accepted
on Wrevad 7 t..a Cite Council, nor were the alleys
aver owe:_ed, accepted and used by the general public.
b. in these circumstances, the City of Fort
Collins never acquired any title or interest in the
alleYc a3 oriTinally .;;lotted and has no title or
interest eat this time.
o. I su`jest and recommend, at this time, the
adOtion of a resolution b;; the City Council reciting
the facts respecting the failure to open and use the
Q leye, LZI of the City to accept or approve the plat
=n 'th t the City renounces and disclaims any right,
title cr interest in and to any of the alleys as
horn by the original Plat of said Block 272.
A. A certified copy of this resolution may be
rjocr. ed 'gyp the i _yeti icr�er and used to remove any
cicud frOL title concerning said block.
3. I M"ld further recommend that no action be taken
V th.= 0i; Qc ont Subdivision of Block 272 respecting
-2—
oceptz.rca or appfcval of the sane as such action
�cuid_ invclv-- oonsi.erable expense to the City to finish
C^'--,in th— alleys, in securi-lr,,' right of way and also in
-nstruotin,; t,,-fo brides :where the a]ley cros3es the
1._-thur Irri ation Com,-any's canal, 2md thereafter the City
;culd haxe to assume and u,aintain the brides as well as
I :euld further report to the Commissioners that the
^ri:;ina:1 plattinig of the ,"lest Side Addition was made in
ctober 1881 by Avery and Yount and was not filed in the
effie of the County Clerk aura Recorder until July 25, 1887,
r.nd this pl<.t -:;E.a never accepted or approved by the City
C �vncil .
r
Respectfully submitted,
-3-
r CT,JT-i;T r �,.-I IT 11 C .'''OIL 7- T;E iATTEP CF THE
P' ITI� " ^:"PA' ^) .1' P;H FL P A' OUIPTL!Or, VACAT-
T':IC C1 ^r.T AT,T_,; 7` I'I 3LCr-,_ 27w OF THE `TST SIDE
iJ ^ITi .. Al17 C,' V 7 17 PLAT OF "AID _:UBDIVISIOII OF
T,...._ 7, r LID -- r: O,FICE CF TH CQ_?i1TY CLER:{
Y A"^ AL='P AP7JIL 23, 1692.
"'H=AS, Hannah F. Stuver has duly petitioned the City
C•o:;.ncil fc.• an ordinance vacating the alleys in Block 272
sheen by a plat of the sub'ivision of Block 272 which
a c filzc in t?,e office cf the County Clerk and Recorder
y 'r,j .ki .n _ aird April °^, "^ �.;coo, and
it :;pears frcrl the records and ,_.roceedino-s
City Cc'_,ncil th .t aaic:, r,l t was never accepted or
rovad b; Cit, Ccu.noil tit City of Fort Collins,
cr -:.c 1. y it. swic lcc',t 272, as plotted at said
....:e r_ r 31.ce, aver of ..e , used or enjoyed by the public;
ft,rt'l er , that t'r_a Ci'•.: a of Fort Collins never acquired
t"I- interest tc the alleys as so platted and does
i.v claim or vssert a.r.,r title or any interest what-
ever in sai-f. all Irs as l lane . and filed on April 26, 1892.
^C.T,VED by the City Council that
the Citl- of iPort Collins hereby renounces and disclaims
,.,ny rir_ht, title or interest in and to any alleys as shown
1;:L�.ttin of sub(fdvision of Block 272 of the 'Jest
Addition -s platted Exd filed by Emi h and Baird on
n
. aril 2 1:,92.
Pc.ssed and adopted this day of June, A.D. 1918.
ConeUssioner of afety and
Ex-Officio Llayor.
' T ` 1'