City Council Minutes 2000 09 19 - Laserfiche WebLink

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Louisville City Council Meeting September 19, 2000 Page 13. Wood reviewed Ordinance No. 1345, Series 2000, which if approved, would zone the property Single Family Low Density. Wood noted that Staff and the City Attorney's office have reviewed the petition and map and find them, as revised, to be in compliance with statutory requirements. The property has 100% contiguity with the City, as it is an unincorporated enclave within the City of Louisville. The property is currently occupied by one single family home and associated out buildings. Sisk asked about the recorded Warranty Deed. City Attorney Light reviewed that the annexation map includes a strip of land identified with a note, "Note carried or occupied by Fischer." Light stated that Staff investigated the ownership and that the first information suggested a county right-of-way, established by county road petition in the early 1900's. Under the annexation law, a signature would not be required for annexation. Light stated that the Title Company determined the right- of-way was abandoned and is or was owned by a private party. John Prouty is the private party and has conveyed the ownership of the strip of land in question, through a recorded Warranty Deed, and therefore, the petitioner does have ownership of all the areas being annexed. Sisk asked Light if the first representation of ownership of that strip of land is a defect in the petition for annexation. Light stated that the first representation of ownership was made at the time of the Resolution of Eligibility. He stated that if the person who owns the land, Mr. Prouty, has conveyed it to the petitioner, the only one who has the ability to object to the annexation would be the County. Davidson called for Applicant presentation. Stephen Sparn, of Stephen Spare & Associates PC, 1731 15~h Street, Boulder, CO, stated that he is the Principal Architect for the project, representing the petitioner, JoBelle Fischer. He addressed the strip of land in question, which was titled to John Prouty. He noted that at the time of the annexation petition, the Fischer's believed that they had ownership of the land in question. When the boundary survey was completed, there was a technical error and Mr. Prouty has since signed a Warranty Deed to the property over to Mrs. Fischer. He noted that the strip of land is 16' wide, 329' long and encompassed by the Fischer's fence. 13