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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,