HomeMy WebLinkAbout1985-082-05/21/1985-GRANTING ENCROACHMENT PERMITS TO OLD TOWN PARTNERS I, A WISCONSIN LIMITED PARTNERSHIP, AND OLD TOWN RESOLUTION 85-82
OF THE COUNCIL OF THE CITY OF FORT COLLINS
GRANTING ENCROACHMENT PERMITS TO
OLD TOWN PARTNERS I, A WISCONSIN LIMITED PARTNERSHIP,
AND OLD TOWN PARTNERS II , A WISCONSIN LIMITED PARTNERSHIP
WHEREAS, Old Town Partners I and Old Town Partners II have constructed
certain improvements upon real properties located in Blocks 18 and 19 in
the City of Fort Collins, Colorado, adjoining Linden Street and Mountain
Avenue in the City of Fort Collins; and
WHEREAS, there exists instances where the improvements constructed by
Old Town Partners I and Old Town Partners II encroach upon the
rights-of-way owned by the City for Walnut Street, Alley in Block 18, and
Mountain Avenue in the City of Fort Collins; and
WHEREAS, it has been determined that such encroachments have for the
most part existed for many years and do not constitute a nuisance, destroy
or impair the use of the right-of-way by the public or constitute a traffic
hazard; and
WHEREAS, Old Town Partners I and Old Town Partners II have requested
an encroachment permit from the City describing the encroachments existing
because of the improvements constructed; and
WHEREAS, Old Town Partners I and Old Town Partners II have prepared a
survey described as "Old Town Project, Fort Collins, Colorado Building and
Overhang Encroachment Over Property Line" dated May, 1985; and
WHEREAS, the City of Fort Collins is authorized to grant an
encroachment permit to Old Town Partners I and II upon a finding that the
property right granted is one not used nor intended to be used for
municipal purposes nor secured for the purpose of being used for municipal
purpose and that it is in the best interest of the City of Fort Collins
that the same be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
1. The matters contained in the recitals heretofore are accepted and
the Mayor is authorized to execute an encroachment permit for the building
encroachments owned by those partners upon Walnut Street and Mountain
Avenue as described in "Old Town Project, Fort Collins, Colorado, Building
and Overhang Encroachment Over Property Line," a survey dated May, 1985, as
prepared by Engineering Professionals, Inc. of Fort Collins, Colorado.
2. Upon the execution of the encroachment permit, the City Clerk
shall cause the encroachment permit to be recorded with the Clerk and
Recorder of Larimer County together with the survey dated May, 1985,
describing the same.
Passed and adopted at a regular meeting of the City Council held this
21st day of May, N.D. 1985.
Mayo � 44if1�
ATTEST:
Q�Q e
V U City Cl
2