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HomeMy WebLinkAbout952708.tiffCOLORADO OFFICE OF COUNTY ATTORNEY PHONE (303) 356-4000 EXT. 4391 P..O. BOX 1948 GREELEY, COLORADO 80632 June 26, 1995 . Town of Grover c/o Dan Hatch P.O. Box 57 Grover, CO 80729 RE: Right -of -Way Width for WCR 390 in the Town of Grover, Colorado Dear Mr. Hatch: This letter is in response to your inquiry regarding the right-of-way width for Weld County Road 390 in the town of Grover. I have looked through the files held by the Clerk to the Board of County Commissioners of Weld County, Colorado, to determine the right-of-way width. I cannot find any documentation in the files which affirmatively states the width of the roadway as it passes through Grover. I have found the following: A. The Road Viewers Report for WCR 390, accepted by the Board of County Commissioners on May 6, 1916. -The Road Viewers Report states that the roadway turned west at Chatoga Avenue in Grover and proceed thereon to Custer Street. On Custer Street the roadway proceeded north to the section line between Section 5, TI ON, R61 W and Section 32, TI IN, R6I W. At that point the roadway turned west again to the half section line and proceeded thereon north to the Chicago, Burlington and Quincy Railroad right-of-way. The roadway then followed the railroad right -of- way to Hereford, Colorado. B. A copy of an agreement between Weld County, Colorado, and the Chicago, Burlington and Quincy Railroad Company for the use of railroad right-of-way as WCR 390 in certain sections of the County. The notation in the front of the file states that this agreement extended the roadway from Grover to Hereford. The problem is that the map which is attached to the agreement does not show where in Grover the roadway began proceeding along the railroad right-of-way. 952708 Town of Grover Page 2 June 26, 1995 At some time since 1916 the roadway was laid out in a northwesterly/southeasterly direction along the railroad right-of-way without making the turns as stated in the 1916 Road Viewers Report. From our files, however, I cannot determine when that occurred and, therefore, I cannot affirmatively state the width of the right-of-way. Please note the following: 1. Weld County's normal right-of-way width is 60 feet. Until we find some documentation that shows otherwise, I believe that it is safe to presume that the road right-of-way for WCR 390 as it passes through Grover, Colorado, is 60 feet. 2.. The agreement between the railroad company and Weld County shows the road right- of-way being 50 feet in width as it proceeds north toward Hereford, Colorado. Although the map attached to the agreement does not show the area within Grover, Colorado, it may be wise to conclude that the road right-of-way width as it passes through Grover is similar to that agreed upon with the railroad company, i.e:, 50 feet. I believe that the best estimate for the road right-of-way width for WCR 390 as it passes through Grover, Colorado, is between 50 feet and 60 feet. The 60 foot width is more in keeping with Weld County standards for its roadways. If you have any questions regarding this letter or any of the documents which I enclosed, please feel free to call me at (970) 356-4000, Extension 3490. Very tjuly yours, ce "l7k. kb) % Weld County Attorney BTB/gb:hatch Enclosures pc Drew Scheltinga Clerk to the Board's Office Hello