HomeMy WebLinkAbout18860016.tiff III 0
100/216 Co Rds : 26
25 .2
see Co Clk & Recorder ' s
Book 48 , page 271
1/15/1886 Incomplete petition returned see Book 4 , page 160
4/16/1886 Petition to open road: commencing
80 rods East of SW corner of Sec 31
T3 , R66 ; East to SE corner of Sec 36
T3 , R65 : Also , commencing 80 rods
Eat of SW corner of Sec 31 ; South
2 mile
7/8/1886 Viewers report accepted ; declared
public highway see Book 4 , page 231
4/10/1922 Wty Deed for R/W over and across
Sec 5 , T2 , R66 .
Grantor : J . Birkle Recorded in Book 670
at page 328
see Book 17 , page 454
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WARRANTY DEED.—F, S. PavilDuality Printer, Greeley, Colorado. •
.Tubs Br eh, Made this day of March in
the year of our Lord one thousand nine hundred and 22 , between John i ,Birkle
OedtaVa,n7
of the County of Weld , and State of Colorado, of the first part, and
of • W eldCounty
the
County of Weld , and State of Colorado, of the second part:
:WITNESSETH, That the said party of the first part, for and in consideration of the sum of
One DOLLARS,
to the said part 3r of the first part in hand paid by the said party of the second part, the receipt where-
of is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do e S
grant, bargain, sell, convey and confirm unto the said part 3' of the second part, its heirs,
and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County
of Weld and State of Colorado, to-wit:— - - —_ _ _ _ _ _ - _ __ _ - -
A strip of land 30 feet wide on each side of the following describes
center line through, over and across Sec . 5-2-66 . Beginning at
a point 742 feet east cf the Northwest corner of Section 5, ` own-
ship 2 North, Range 66 West of the 6th P .M. thence South 41 degrees
30 minutes east 200 feet . Thence South 74 degrees, no minutes
East 115 feet ; thence North 79 degrees , no minutes east 790 feet
to a point 60 feet Souihl of the North line of said Section 5;
thence East 3520 feet to the east line of said Section 5, contain-
ing in all 6 .37 acres more or less .
•
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said par43' of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, un-
to the said party of the second part, i t S heirs and assigns forever. And the said
atnp e. 1.Op A A-ey,
John W. Bi rkle� party of the first part, for his heirs, executors and
administrators, do SS covenant, grant, bargain and agree to and with the said part y of the second part,
its ' heirs and assigns, that at the time of the ensealing and delivery of these presents
well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bar-
gain;'sell%and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other.giants;-bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever;
N
and the--above bargained premises, in-the quiet and peaceable possession of the said part y of the second part,
- - its heirs and assigns, against all and every person or persons lawfully claiming or to claim
the whole or any part thereof, the said part y of the first part shall and will WARRANT A, FOREVER
DEFEND.
IN WITNESS WHEREOF, The said part of the first part ha oz_ hereunto set hand..C
and seal/7 the day and year first above written.
Signed, Sealed and Delivered in presence of -(SEAL)
SEAL)
- -P✓-OA...l__- SEAL)
ti•
. (SEAL)
(SEAL) -
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/00/V-IL,
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al ale'6aS:
/DD 6 ••• 07/6
No.--32.8316
WARRANTY DEED
/ FR ��/�
7___ " c)`J 1 7 12 9 r, t 2
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STATE OF COLORADO, ♦
County of Weld,This Warra Deed was filed for record
at .TT/` `' >--o'clock M••
;� 1, 1 3•
�_ �_„���____19 and is
duly recorded in book-dL/-apage-3
I
yr-e Recorder.
ft
Deputy.
Fees
1
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C 0 . o
• •
. _ ._ _ - -' __-"__ __. --
Recorded in Book 48 Page 271
\ 113o.-o,r,I'r.name.R. X118 aI12.N 9r.4 Mayoan ROAD-VIEWERS' REPORT.)
To the Honorable Board of County Commissioners of Weld County, Colorado, -
.GENTLEMEN:—roar viewers appointed on the 4 day of.__._._<..%1.._..(. 18_x/ to
view a county road prayed for in a certain petition presented to your Honorable body on the ab a named flay and date,a copy of which.has Lm„ '
received by us,vi:.:C0minefwinn'at`_..6.VA e'...f(E.1. Q.._.ZtzL.J._..g_S.L J I...t/the..I(¢.2ycy.s... 4 ts.L::L:LClcueen(J...(l��a_jLcu,.ev..G•4 yK Si:
zate.t(,,2rtieu...,.„ 66a a_i e,... ,'_-�a,t. �.cn'-a-LX,..ftiuc,L'-tl (cc .c.0 Liw.d 4 a—ro(,@ lia.zi,v 6 6.0..4
61r e.J e2 twat. (O/61 / a.„.7f) 6,r.L da_•t-/ -"•.4:• of 4..2.t lea. .f/dr ed
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t
I �`k4o Respectfully thefollowinc report,to wit:After receiving our authority to act,we met at the starting point of said proposed road,onthil&Ai�l
i day of__.___Mc-ay 18/Kat the lour of.[Q__.o'cloekcl�lf.,being the time and place specified in our appointment,and-proceeded to
view the road prayed for in said petition,as follows: We commenced at the starting point named in said petition and,runt
V -Lt4 &x a.l.Uu.„... e. te-eliZrf/t�d/J�C�C.Ef/ O.'.tl.4%ilJ/VK4!,LGC{t a4
rQa+G/P/��//J� � U Xe=6�cn/J.tL��pp a.Y� t/�:(�. GUcricuv����.f/r'-t-'2� e�4wJ z tJo.,-.�. O,,j�a r�i�iaa3i:
/a,T 6 (P.Se. aced/ a4-c h.ePJ Corte-eV eft,S> -e.4nt GE.Vow.s4Z CV f�/Gr ccucf/67-L9.F2Liv
I The last named point being the terminus thereof,and the road as above laid out and viewed being over the most practicable route which 1 C in nor
jfulemeat cam find. We found it flea-ssaru to make the following changes• in the pr sell route as preued for,:ezd y•, R-.1:2:4.11., s card-Li
J ew ,l .-t ,t...,,O..wi,e- »f a-Cab.:.i e rev a.:,..e (AQ"S'va"-----)_.,,e,
,. ../-td.y tl. e..l.� s e'� ,&, .r.rt,
c�f:.a1,G a,CY��.-..u.r......�...�tdy..se-x x�n,�as.Eelu,.4 at .,.:, ..weer�(�.,.-_-va--e COaeyQG� .,,,c n.,..,rr Cc.r.....° Al O-:' ..A.6�f
We have caused to be surveyed and platted,and have herein embodied a plat of said road as viewed by ffs,and which forms a port of thi.
report as shown by the following map: /
. . . :,36 - - is 36 • 31
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19 20 21 22 23 24 . 19
25 30 •.9 28 21 26 25 30 I
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36 31 32 33 34 35 36 31
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• fill
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__ :fro-IY dug If an: m chars gY..f-ti Jl.+Mra __._:1
•
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270
___________
Tire bare taken into account all the damages and benefits to land owners arising from the laying out of said road,and report,in tabular form,
as follows: -_. - ��
DSYCRIP310N OP LAND. '. amr�+m 9�a•� ��'e
NAVE OF LAND OWNER. Ne.�1 ••I••^r a.a•°e e.
An or width d drip WEAL •I sah0leUtos. see_ SP. War.l+km. r tenter e.c.en ¢.0 as I I
l',r./ri/<...GiL-�✓.eiG'�...e< •.t3ofe,..�<e o� .0.1<.<ei a/ice 3.r u Ff /`//,/ -.y..61�4�••(t/
f
•,4 .3 q cop* t
• . .. - a, c3 67 Ix
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. fve .. .. -L,O. .. r" 3.4 3 F/y Y
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/7 I3,��<ocL''r.�., t o .. - - c0. . fa r f •3t 3 /r7 t3'/.< ae 34 20 - Lo_ .Z/- .3e. 11
!/ ' cJ ;.il�cJF ;g e. 3 GJ �i 4, rc "— ro `: /, rE II
rF J..,1.�.u�•:T
l�eiP. a/ d q /y/,r Jf as re) - de-.- re au I
a/ZL o..?a..<Yf .' .. .. .- �.e ,i;� J/ l3 u/' J6 of s°,7�-..: - a&-Ai. i
r t, f
. - ., a t-- // t (7 j7 7,a
.. - - /e/Z`// 3 z r-7 09r. 7 {
.. „ - .. .. se Zde(/. 2 , y1 % 9 n I{1
j
We have taken the following Government lands,viz- - .
c y< -(te.e-GG .a.onc. ',�
We have taken the following Railroad Grant lands,viz.: -
Tire hare marked am proposal road.
the line of said road as loaded by vs by turning a furrow ash side of said prop -----
We estimate the probable cost of opening said road to travel la be _._-- .._--.. ,f
atQ,.r<tGl ev.t.,t!-entoc.t., -..ei co._.ta;t/&,.1---t (a- ......:4/......:4/clad /2 t--4,.- ✓.eu-..�J olw.C<e........... <...7r•,-,e.aYo
,..d.„... c -Le<.,,,,oa.,,,,Ce,dy � e........,/,52.2.,
/ //4 orka r che.., Z./2.4.1..."`L.. ..-d.,+-• -
0..,. cis,, G ter--e-__. cats as ,act;-<w 00— .—, 9".'`''°1"'")
_a•Le., el fi c ,c<„a,(.5_2,.en+ �� --, /�`.. ` :11-t.'.--(-40-•,-4,-0-0,-/ a..a, ''-,``--a.,oU u""r"`6"W�.�/
.t.`. atv .18217-
Iday of 'l1�ovt<a'`'G.st�------------------------
! Math viewing we bane mmPkttd Eh.ia.-.--_----_..-_- --.-.
CCA<ef-L�--- -
Pi y
I Filed in the office of the County Clerk------
a
/-.- i.
-i,SCounty Clerk.
: --------------"-_.-.-
_-_-----------_---_---------------_Dept.
!I � nrh..J. M1 UYIJ
Commissioners..................... .....................................
.-_-_-_. / f/aewy-C L .,
the folio
I Prsrrnted to the Board of County n s,!o wil.Y.,.r awt�p�G'�F,�re�",,.{'e.��--e-f,���"- �E� _
o their gt.„ +� n .-,,,.v5: %.K... 4,,, �`� ..�-
n.d enteral of sward on the minutes /L-•14 `6„n
�"-./her.'1_'i•,°''' a n.rr r2 .e-tf i'^�z ezr,;.e.•4n. «.e�..�r'V , -�..
✓ayi4�t /LirY, 'Srr 18 --_ -- ...{L
VMS-at Q 0 i clock•_�
c�1/e [f0..........- +corder,
Fr-<,;.far rcmr t•giros-7 Pa
STATE OF COL O' SS. C\F'�/ Cgt /
COUNTY 1.5L—
` JJ
a N ry Pub'c in and for said County, in the State aforesaid do hereby ertify thaaatt q� '
ye n.7_....
who s ✓4
subscribed to the annexed Deed, ap-
personally known to me to be the person whose name 4.1
signed, sealed and delivered the said in-
peered before me this da person and acknowledged thatt
free a voluntary act f the uses. and •urposes t r in set forth.
etrument of writing as seal, this i
Given and r my hand and
D. 197- -Y•
day of a 19,.y„
My commission expires 1
�Ls�rj
(SEAL) - .
i
f
e-
ROAD VIEWER'S REPORT.
To The Honorable Board of County Commissioners of Weld County, Colgrado:
GENTLEMEN; --Your viewers, appointed on the / day of
1816 to view a county road prayed for in a certain.
petition presented to your Honorable body on the above-nam d day and date, a copy of
which has been received by us, viz,: Commencing at* . ✓k` y... TO ______d
„„ L fur s and 2 c4udC S c
�r6/ 44/(0 Zurav 2 aced_ ,3 OCcu� s GLC � �_ y- nom°
w.
0
Respectfully submit the following report, to-wit: After reee ving our authority to act, we
met at the starting point of said at the hour of / o propose road, on the 2 day o180f
O
Z8 clock `�m., being the time, and place spectfled in our
appointment, and proceeded to view the Dad prayed for in said petition, as follows: We
commenced at the starting point named in said petition, and run t -1.,. —
L/� teary _t�v 4ti
O_41 �' � �
sr
°°Ya
*Description of Road as prayed for.
}Description of the viewing. �'—�
• 11
IT
The last named point being the terminus thereof, and the road as above laid out and
viewed being over the most practicable route which we in our judgment can find. Wg. I
found it necess ry o malce t _folio ins chan�'es in the proposed te route s rayed for, viz: -�
�
.a z T if ✓a t_�1 i Lez.:e2, 2-,e--*/),4 ', 0-,,, et, ,.C. ---e--e-----, 1-2--j--7'/ , r�
l/-fe- dte._ ..ta--.ot <ey--47,S,{_;— i2 '-�
I We have caused to be surveyed and platted., and have herein embodied a plat of
said road as viewed by us, and which forms a part of this report, as shown by the
following map:
W-u� ,� �1 'f
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H:. r
iIIiIi" iIiiitiiii11.
■■I= II ■=■ nm■■ ■■■ a
4 . - —H
ill'ullILu _ II!itLa
11uiaII11■■■s■■i■■■ � A■ mril A!mils i ii ii� IMIMEIMIlmh:IIIIIIIIIMIIiII11
a III IIMIlaR-11a1UU11U11 I . II
g, 6 11 al
•
;Cm.: • PrISIng, lading Else ,ilr ,En,noting mid Mak ..k m an., iv Louie, 'paha Net" ..,
is , 66 „e! Linne cena s, aeeoun, a. -s - f , - - _ r i , r . J fFine aristng
from the laying' out of said road, and report to tabular form, as follows:
Description of Land ages Damages to Ain't of
Name of I 0.01 or vaiue o} residue of in'd Value of the drags in
Land Owner part or width of strip taken Subdivision Sec. T'p N'nge !ken land taken and other benefits A exc'e is
/ /� o ,I �//,� property benefits
ter/ dw...,ci oo jar t w Sou. W• 7fl / 2- GJOJ //
„ ,. At ft n " .. '' /` Y ry s. �y�j
7,. J // ill
'` ,•- -
, Genle /I� 5� 2"
/- / / 2 S v i'•5-7/I %A.
7,[ '�y�,�7�-4 �ru „ ,• G .. „ �'I / ifiiv-uu / ✓
g q
g y'?aL +-r»u.ehi(P,cy dtt .. s t'%i 3� G� ��' /, z'�J L, �J 7o
ll
,44.7, I //G g !_+_e-gam.-Le-. -74. -G 2 GG 3 / ,,,, 7.___
—
We have taken the following Government lands, viz•
We have taken the following Railroad Grant lands, viz:
O2,1—
We havwriarked out the line of said road as located by us by turning a furrow
on each side of said proposed road. ,
We estimate the probable cost of opening said road to travel to be $... ....�
1
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e
I Ail* -
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V
Which viewing we have completed this da of_ _ 7
II '/�/pX/J/�/J
` -2C7114----,-
f _ 1-L I_.__.- 'EWERS.
r /� C-
*Stote the(Manes,if any;if no changes have been made,erase this aente• . /
C-
I Space for remarks.
2 tr r l-S f
T
.. /
V
Road Viewer's Report.
Towns 2- r c3__ Range e r ‘G -
Filed in e office of thy County
,
Clerk 0 '_ l8 or4
Presented to t e Board of Coin-
missioners - er i
1864 when e following action was Je
taken and entered of record, to-wit:
. on-,, as �a- rR,rarwc
` �-� � ° .r , / 29)
,G`d`ct 4,,,,,, `ac.-/a-ic#e fie ,t,„?+.,, STATE OF COLORADO,
.ca, �rrolowcw/vii4 ¢ri,.2,7,;,6:
24�47 / de/«T�`t CO UNTY OF WELD. } SS.
gam-,v�`L:e-v-�.� h4 J� A,-a,d�ru�,,,,r�., I hereby certify l b at this in,-
A ``�� �/'Ti''"� _ -.-f Struxr e/a ICON ftted for record.�pp ct� oat ytr�-r�vV.✓�.U/A4/Irdor<.r{ �
die,�t ryy-b°9rla� r2 '-----/Iw u:rzd +Ht2Geeu an nip (1//i re, ut__ ._ zie o'cl.Uek,tT
4 &ac.� �j v w ucaae.k
oft v,,e-Gd r i, - ..n/ 2/6,A;-dr 18 rip._.__, and . . duly recorded
itieakilwAsztd, oBZa,4ef i veza.cu/s..titl 97
in book Wr , 7),c:toe✓Vn. ,2AaaaeL ma-,,,,,C,14 e-;,11,-,-c/74,
Go der inn deity- - k 1-:ES, Li_.— 4 Q 9
Herald Printing and flank Book IIou.a,0 ahq.
r.c.c.senio 0,..-d- .y>
Extracts from Road Laws, Page 788, General Laws of 1877.
SECTION 5. The clerk shall issue a warrant directed to the viewers appointed,setting forth their appointment,and requiring them to meet at the day
and place named by the board of county commissioners,and to proceed thence to view end locate such road,and to survey or cause the same to be surveyed
and platted,and to return the said plat,together with a full report of their viewing, and an assessment of the damages and benefits accruing to the owner of
any of the lands over which the same may pass by reason of the location thereof,and the probable cost of opening such road to travel; said plat and report tc
be returned by said viewers into the office of the county clerk on or before the first day of the next regular meeting of the board of county commissioners; such
warrant shall be delivered to the sheriff of the county to be served,and the sheriff shall serve the same by delivering a copy thereof to each of the viewers
named therein. The original he shall return to the county clerk,with his endorsement of service. Any person appointed a road viewer,and duly served with
such warrant,who shall willfully neglect or refuse to act,shall be liable to a fine of twenty-five dollars,to be paid to the county,to be recovered in an action of
debt before any justice of the peace of the county.
II
SECTION 6. It shall be the duties of viewers of all public highways within this State,after receiving their authority to act,to meet at the time and place
specified in the notice of their appointment,and proceed to view the said road prayed for in the petition,(a copy of which shall be furnished them by the board
• of county commissioners(,and commence at the point of starting named in the petition, and run out said road to the terminus by the most practicable route
that they,in their judgment,can find;and in their report,which must be signed by at least two of the said viewers,they are to emlody a plat of said road or
changes they have made,and to make return thereof to the county commissioners within ten days after such view is completed. -.
Sao. 9. It shall be the duty of all viewers of public highways,in addition to the duties defined in section five of this act,to take into account all the
ddd7 damages and benefits arising from the laying out of any public highway,and report fully thereon, assessing the benefits accruing by such laying out or change
and awarding those damaged by the game. 1 hose who are damaged shall receive a warrant on the county treasurer for amount of damages in excess of
benefits awarded in the said viewers report,and the said viewers shall receive a warrant on the county treasurer for their services for a sum to be fixed by the
county commissioners,not exceeding five dollars each per day for each day's service rendered and ten cents a mile each.for each mile actually traveled from
their usual place of residence to the proposed road they are to view,and in addition to the above amount,the surveyor shall receive ten dollars as full ccmpen-
cation for a full and complete report and plat of the road laid out or rejected by the said viewers; and any person appointed a road viewer, and duly served
with a warrant of such appointment,who shall willfully refuse or neglect to act,shall forfeit the sum of ten dollars to the county,to be recovered by action of
debt before any justice of the peace.
Sac. 11. In case any person appointed a viewer shall refuse or be disqualified to act or cannot be found, the other two viewers may supply such
vacancy,or if only one of said viewers appear after such notice being served,he shall have power to fill such vacancy as exist(exists)and proceed to the view
of said road.
SEC. 12. The viewers appointed shall designate end mark out such road or roads as they may locate or lay out, either by stakes or tnrninj;a furrow
on each side of said proposed road on prairie land,or by blazing trees or other appropriate land marks in wooded or mountain districts.
Sac. 14. If the owner or owners of any lands over which any such new road is located be not known or cannot be found,the damage or the excess
thereof over the benefits accruing by reason of the opening of such road,shall be deposited and set apart to such owner or owners in the county treasury,and
'such deposit when made shall have the same effect as a payment.
Sac. 15. In laying out any road under the provisions of this act,it shall not be lawful to Ideate the same through any dwelling house nor within
thirty yards th,reof,nor through any barn,stable,office,mill or other building,nor through any garden, orchard,vineyard or stable yard appurtenant to any
dwelling house,without first obtaining the consent of the owner or owners of such premises.
Extracts from Eminent Domain, Page 396, General Laws of 1877.
SEE. 1. That private property shall not be taken or damaged for public or private use without just compensation;
Sac. 17. In estimating the value of all property actually taken,the true and actual value thereof at the time of the appraisement shall be allowed and
awarded,and no deduction therefrom shall be allowed for any benefit to the residue of said property; but in estimating damages occasioned to other portions
• of claimant's property,or any part thereof other than that actually taken,the value of the benefits,if any,may be deducted therefrom;provided,however,that
in all cases the owner or owners shall receive the full and actual value of all property actually taken,and in case the benefit to the property not actually taken
exceed the damage sustained by the owner to property not actually taken,the owner or owners shall not be required to pay,or allow credit for such excess.
SEC. 18. The report of the commissioners or the verdict of the jury,in every case shall state:
First—An accurate description of the land taken.
Second—The value of the land or property actually taken.
Third—The damages,if any,to the residue of such land or property; and
Fouth—The amount and value of the benefit. ,
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COLO.—(2286. Culver,Page,Moyne&(u.,&uttonm,118 and iw Monroe Street,Chicago.
ROAD PETITION .
To the Honorable Board of County Commissioners of Weld County, Colorado:
GENTLEMEN:
We, the undersigned, Citizens of your County, respectfully represent that the necessities of the public
require a county wagon road to be laid out as follows, to wit : Commencing at
lira ; ` faces
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Said road to be not less than sixty(60) feet in width.
We therefore petition your honorable body to cause to be laid out and opened a County road as above described
and we, the owners of the land through which said road is sought to be laid out,in consideration of the sum of one
dollar to us each and severally in hand paid by the said County of Weld the receipt of which is hereby acknowledged,
and of the laying out and opening of said road,hereby agree to give the right of way through our lands as shown by
the plat accompanying this petition, and relinquish all claims for damage by reason thereof. /&o/�
The said proposed line of road is more fully shown by the following map or plat to which reference is:herein
made,the same being in �
TOWNSHIP J NORTH_- RANGE to ' WEST
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As witness our signatures 1_ —.!
g hereunto,xnneeed,and followed by a deseripiton,of our land this "%I l_2_�f_.___
day of a(_ {11___Lev 18 `f i -
SIGNATURES. PROPERTY OWNED
SUBDIVISION. �+ SEC. Ti-. I RAISON
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ROAD PETITION
IN
Towns r 3 Range 64
Filed in the office of the County Clerk,
18
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County Clerk.
07/9-et 47,E
/13±1-6 „6-ti JzitL ,AD-
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v " Presented to the Board of County uo mn issioners,�J
16
when the following
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action was taken and entered of
record, to wit:
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ftel--daregai-et ies-at fe-te4- "-raaw.ik„
aCtflipyae n..ta,,f2 Pau"'6t and ene.
(1,1714•1444riged ✓itel I�l9 vit. / •2.-i �irrl�su.ue• -t
61-(7W.-. ?lint 7n 'l,Ct S/sjlo ate./vreeaa de go-asst _Se llttte_,enu tltw il C.
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