HomeMy WebLinkAboutWEST SIDE ADDITION GRANT STREET - Filed RV-ROW VACATION - 2008-05-22R E P O R T
To the Honorable City Commissioners
Fort Collins, Colorado
Gentlemen:
On February 28, 1941, the City Clerk was served
with a summons issued out of the District Court of Larimer
County, Colorado, on said date, in the case of Lester Hess
and Edith Hess, Plaintiffs, vs. Clyde Shealy, City of Fort
Collins, a municipal corporation, et al, Defendants, being
Case No. 8281, and which action was brought by the plaintiffs
to quiet title to the following described property, to -wit:
Beginning at a point on the west line of Block
282 1n the Subdivision of West Side Addition to the
City of Fort Collins, Colorado, 471 feet South of
., the Northwest corner of said Block, thence East 180
feet parallel to the North line of said Block, thence
South 471 feet parallel to the West line of said
. - Block, thence West180 feet parallel to the North
line of said Block, thence North 41 feet along the
West line of said Block to the point of beginning.
We have made an investigation of this matter and
find that the City is included as a party defendant for the
reason that a portion of the premises sought to be quieted
covers a portion of the alley as laid out in the plat of the
Subdivision of the West Side Addition filed April 26, 1892, and
the action also attempts to clear the title to a strip 20 feet
in width on North Grant Street, which 20-foot strip was includ-
ed in the plat of the West Side Addition to the City of Fort
Collins filed on July 25, 1887 as a part of the street. In
the plat filed on April 26, 1892, this 20-foot strip was
attempted to be vacated and the street width reduced from 100
feet to 80 feet and the records in the City Engineer's office now
show the street as BO feet. The records also show the alley as
vacated in the later plat, but an examination of the premises
use
discloses that this alley was never opened for publics but that the
alley laid out in the original plat is still open but not
designated in the Subdivision Plat. No attempt is being made
to quiet the title to the alley as now open for public use.
From our investigation, it is our opinion that the
City has no right, title or interest in or to the above
described premises which are claimed to be owned by the
plaintiffs and we would recommend that the City disclaim any
interest in this action.
Respectfully submitted,