HomeMy WebLinkAbout18880009.tiff JD
II
100/259 U. S . 34
see County Clerk and
Recorder Book 48
page 302
4/12/1888 Petition to open road : Com-
mencing SW corner Sec 18 T 5
R 64 ; East 2 miles .
Viewers appointed . see Book 5 page 54
7/18/1888 Landowner request dyke re -
built . see Book 5 page 88
7/23/1888 Viewers report approved .
Declared public highway . see Book 5 page 96
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2287.—!n n t'',it Hoyne R W., oney, I trend 1,4( Monroe'treed,Chicago.
ROAD-VIEWERS' REPORT.
To the Honorable Board of County Commissioners Weld County, Colorado :
GENTLEMEN :—
Y'our viewers appointed on the TWELFTH day of APRIL
18 88 to view a county road prayed for in a certain petition presented to your Honorable body on the above
named day and date, a copy of which has been received by us, viz.: Commencing at* -
The Southwest corner
of Section 18, in Township 5, NaR. 84 W. , end running thence East on the Section lira
two E2] miles to the Southeast corner of Section 17, Twp. 5, N. R. 84 W.
Respectfully submit the following report, to wit: After receiving our authority u to act, we met at the starting point of
said proposed road,on the 2d•day of_. MAY 1438 at the hour of 10 o'clock?" N.,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 CAP FC-1 Y- a'c- Cr; _d
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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. We found it necessary to make the following changes in the
proposed route as prayed for, viz.4
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Ili Deepprayed
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• ripption of Roadie pined for. , / / J.o i
t Descri ton of the as p ay ��/ ,/ /
j Htate the changes,if any;if no changes have been made,erase this sentence.
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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: A
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We have 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:
DESCRIPTION OF LAND. Damagoa to
eeHd Amount of
NAME OF LAND OWNER. ,. orval eo'f of land sod vin.of Damages in
Part or width'ef.strip taken. Subdivision. Sec. T'p. R'nge. No.a ILandTaten. other Benellte. e2�e of
i i taken. property, Benedte.
14-/W1?-41(-;-466 dao f taS'. 4;4, S 7 z '7 <r Ai. / 9i, (. : G' 46.0t.-- •--• no*
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We have taken the following Government Lands,viz • rim-`i_
We have taken the following Railroad Grant Lands, viz.:_ ..
We have marked out the line of said road as located by us by turning a rrzr on each side of said proposed road.
We estimate the probable cost of opening said road to travel to be$
Which viewing we have completed this__de L" J' day of // Irk ,-7 may
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__ •_.-2-ste er,, i •
,_u + 1 , ' VIEWERS.
•space for Remarks. _r-_.- — /0 0 7/.7 .C-- '
ROAD-VIEWERS' REPOpm
IN
-Town c .---Range //( A/ 7.
Filed in the office of the County Clerk,
eco...l w� 18 eg"r
County C erk. i
Presented to the Board of Commissioners
d:`-% f 1815-4-- ,
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when the following action was taken and a
0,teN tl of record to w' Al
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acne_e cAnp,,,e- .Jq 0/�o-pur- L'.,,e. - 72...--1.,e.. - F
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S2_9 TP,, OF COLORADO 1
cr-na /becon,, ,,cr+ r.L..eJ. " ii' •e COUNTY OF f'541
s ate..,, y h SK ` 1 hereby certify that, this iis-
o-oL �o�u'/ y -�.ey ftrrrment was ,Tiled for record
eic✓n. c. G.Z. is ea— tit _ �n ray office, at ...._/___ o'clock,
cr.;,---4,476-14— _ c a[u.L
fie iil�s-.t/� J
2ti� � w�g -0 18 rr�- , (kid, ix duly recorded
U�„ il.`.. /1c-ct-aL��s�c ^� ti ,,.,,rlc_ ., page Jlro. 3 0m2 }
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Extracts from Road Laws, Page 788, General Laws of 1877.
Samoa 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 wmmissioners,and to proceed thence to view and 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 to 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 toe fine of twenty.dve dollars,to be paid to the county,to be recovered fn an action of debt before any justice of the peace of the
county.
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 mute 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 embody 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.
SECTION 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 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 three damaged by the same. Those
who are damaged shall receive a warrant on the county treasurer for amount of damages In excess of benefits awarded in 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 to addition to the above amount the surveyor shall receive ten dollars as full
compensation 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.
SECTION 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.
Section 12. The viewers appointed shall designate and mark out such road or roads as they may locate or lay out,either by stakes or turning a furrow on each side of the said
proposed road on prairie land,or by blazing trees or other appropriate land marks In wooded or mountain districts.
SECTION 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 therof 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.
Scones 15. In laying out any road under the provisions of this act,it shell not be lawful to locate the same through any dwelling house nor within thirty yards thereof,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.
SEmrog 1. That private property shall not be taken or damaged for public or private use without just compensation; * * * , * a * * s * *
SECTION 17. In estimating the value of all property actually taken,the true and actual value thereof at thetime 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.
Samoa 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 laud or property;and
Fourth—The amount and value of the benefit.
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COLO.—(2#86.)—Ovloer,Page,Iroy„e s,b.,Statnere,118 and'.20 Monroe Street,(Anfwgo.
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
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Said road to be not less than sixty(60) feet in width.
1'' We therefore petition your honorable body to cause to be laid out and opened a County road as above described 1
and we. the owners of the land through which said road is sought to be laid out,in consideration of the sum of one i
dollar to us each and severally In hand paid by the said County of Veld the receipt of which is hereby acknowledged, p
and of the laying out and opening of said road, hereby agree to give the right of way through our lands as shown by f
the plat accompanying this petition,and relinquish all claims for damage by reason thereof. > b O/c2Z4 f
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The said proposed line of road is more fully shown by the following map or plat to which reference is:hereiil,
made,the same being'in
TOWNSHIP 'CC_ __.._NORTH RANGE Co f WEST
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As witness our s i. natures hereunto annexed,and followed by a.description of our land this...- ____.
} ' day of 18
SIGNATURES. I PROPERTY OWNED
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