HomeMy WebLinkAboutPADIA MINOR SUBDIVISION - 55 92 - CORRESPONDENCE - LEGAL COMMUNICATION1'
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ARTHUR E. MARCH, JR.
RAMSEY D. MYATT
ROBERT W. BRANDES. JR.
RICHARD S. GAST
LUCIA A. LILEY
J. BRADFORD MARCH
LINDA S. MILLER
WILLIAM C. BEYERS
GLORYI.BURNS
MARCH & MYATT, P.C.
ATTORNEYS AND COUNSELORS AT LAW
110 EAST OAK STREET
FORT COLLINS. COLORADO 80524-2880
(303) 482-4322
TELECOPIER (303) 482-3038
November 25, 1992
FFD
Mr. Ted Shepard
City of Fort'Collins Planning Department
281 North College Avenue
Fort Collins, CO 80522-0580
Re: Padia Minor Subdivision
Dear Ted:
A RT H U R E. MARCH
1909-1981
MAILING ADDRESS:
P.O. BOX 469
FORT COLLINS, CO 80522-0469
1 V 1E0 L I
Inv, 3101992��
I represent Joe M. Padia, the owner of Block 25 in Riverside
Park- subdivision -and, the, landadjoining said,. Block 25 on the west.
My _.client. has.., submitted a_ plat,, for .,".the... Padia_ subdivision. The
property f Lots, P,adia. subdivision consists of the
west 22.-.92.faet
was., formerly u poughA 6 in Block.25 and -a parcel of
-which >gonstitutes, the
nd.
latted, abutting. those lots and
extending west 87.03 feet. Shear.engineering prepared this plat,
Brian Shear has forwarded your letter of November 12; 1992, to me.
for reply.
I have examined the abstract to Mr. Padia's property which
includes the land platted in the Padia subdivision. That abstract
covers the period from the issuance of the United States patent to
the North Half of the South Half and the East Half of the Southwest
Quarter of Section 2, Township 7 North, Range 69, West of the 6th
P.M., to February 10,, 1966. I have also examined the records of
the Larimer County Clerk and Recorder covering the period from
February 10, 1966 to the present.
In response to the concern raised in your referenced letter
about the access to this property the following information is
submitted:
1. The subdivision plat -for Riverside Park which was dated
and fi.led.on June 23,11892, created Fourth Street, the west part of
which is now known as Hemlock Street. So' far as I` am able to
determine, ..by;:examining :the' abstract; . that street has never been
vacated . and ,the ,full, right of -way extending from College Avenue
west. to.,the. Padia, subdivision is still a public street
or
Mr. Ted Shepard
November 25, 1992
Page 2
2. I am aware that the east part of Fourth Street as created
on the Riverside Park subdivision plat, extending east from the
Union Pacific Railroad tracks to College Avenue, is not open.
However, a street south of Fourth Street which is now called
Hemlock extends from College Avenue and crosses the Union Pacific
tracks. That street then continues along the west side of the
Union Pacific tracks until it gets to Fourth Street. It then
continues, as Hemlock Street, west on the Fourth Street right of
way to the Padia subdivision. This street, which extends from
College Avenue across the Union Pacific tracks, then northwesterly
to Fourth Street and then west to the Padia subdivision has been in
existence since prior to September 13, 1961 when Mr. Padia acquired
the property. During all of that time the street has been main-
tained, both by the county and the city, as a public street.
3. CRS S43-2-201 provides in part (c) that all roads over
private lands that have been used adversely without interruption or
objection on the part of the owners of such lands for 20 consecu-
tive years are public highways. Since this street has been open to
public travel and used for that purpose at least since 1961, and
probably since sometime before 1900, it is a public highway, as
provided by this statute.
Based on the foregoing I believe that the full length of
Hemlock Street, as it now exists and is used, is a public road and
that there is no need to acquire any additional right of way from
any source. If you have any information which in any way indicates
that my opinion is not correct, I request that you contact me to
discuss the matter further.
AEM:cjs
p.c. Brian Shear
Joe Padia
Sincerely yours,
MARCH & AT.,
By: