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Home My WebLink About050007.tiffr . . ill S 100/486 Co . Rd . 18 . 5 see County Clerk and Recorder Book 83 page 311 2/17/1905 Petition to open road : Com- mencing SW corner NW* Sec 20 T 2 R 66 ; East 1 ' miles . Viewers appointed . see Book 10 page 461 4/11/1905 Viewers report approved ; declared public highway. see Book 10 page 501 3/18/1960 Correspondence regarding irrigation lateral from Knowlton Reservoir . 4 e/, 'yam 9/28/1960 Landowner to build and all costs of concrete ditch . ( Li > • l a a; . I - n 1- - ,� � - - ( 6 • 10 • •1 lI 10:E • • © 1 e • o • a IP k ( TT 1 14 ( VOIIWR i + 16 a Q �•a. t • 4 la i6 IS: l6'` • • . i l I • • . • . • • N .• I 23 0 : 4\ •I \ N ' plr 1•. o.'.' a • • � •- ' za • ,'� �" 26 o° . • � I • . VII zs elt. � za I • . T 1 • c� — • 'kl I nit .k • • • I • • • -r • _ • • o +r le I as I 1/i • • i �` • 33 4 34 kI Rc Fi I TRTR•-C�YV oLE '` / • r !FORT LUPTON �• T• • 1.4 FAS • : / el ati et. y yl ceacO'7 1 J .=ci - :.•_, l _ - - I September 2B, 1960 W.! W. Gaunt • , Attorney, at Law , ' 25 South 4th Avenue Brighton, Colorado Res Your letter date 9/26/60 to Clayton t, Gilbert, ,Attys Dear Mr.: Gaunt'. - I at Law; Atts John Clayton . - In your letter of,the above date you stated the County -Comets- l stoners were constructing a concrete lateral to .any water along the half section line frog East to West through Section 20, Township2North,'Range 65 hest. Your statement is in error as we are riot constructing field-lateral. • . • • - . Our only concern was the granting of, permission,to Mr. Snits to uoveand relocate',the pipe line,,under asrd.along the ,county road. Mr. Snits 'is' ' constructing and pay,ing. all coots in relation to this lateral. - It'is'also My understanding that the seep water in that general I': II - vicinity will empty into the Snits ditch. I trust this clarified Weld County's position'in this mattor. 11 . 1 t y — Very truly yours, _ - Geo. L. Andersen I Coamissioner, District Number Three , cc/ • ._ . • _ Clayton 8 Gilbert, Attys at Law; Atts John Clayton . . I - Leo Snits, RAD, Fort Lupton Lester Kinder, 6129 Stafford Ave., Huntington Park, Calif. 'Wa. Hioto, RFD, Fort Lupton , saa . y3. — <1. - - - . - - - -- - - __ --- ` - — - r' ?CZ,-) �f (! f ii %, i , ° . LAW OFFICES OF AI J '' /64 I , ? , ._ vv /. I - - GAUNT 8c BYRNE '" v, 25 SOUTH 45 AVENUE ,!.0 LLA - a. WILLIAM W.GAUNT (h - - '"' BRIGHTON, GOLORADO ( � CHARLES T.BYRNEG 7- CHARLES V'�(_f• "(t. L�y� }�BOA (�(! V /',4,__ .1.-t 1 LYSLE R.DIRRIM Septetuabor 6, 1960 Slayton & Gilbert, Sttornoys at Law, Greeley, Colorado Attention John Clayton Dear Jack: Mr. and Mrs. Chamblin are here in my office. They advise they own the N4; SEi Sec. 20, T. 2 N. Range 66 West of the 6th P.M.- • Their problem is connected with the construction by the - County Commissioners of a concrete lateral o carry water along the half section line from East to West through aid Section 20. My understanding is you repr ^ nt eo Smits. - For many years, Mr. Chem,- in Aelieve approximately 60 years, - Hr. and Mrs. Chamblin and her br-.ther, rester Kinder, and their predecessors in title have had a : ain itch which drains seepage from part of Section 18 and runs across . .e hamblin lz.nd into the Smits ditch. • The County Commi sione - hav advised the Chamblins that this matter should be called to their attention and to your attention immed- iately because constructio is goin forward. _. The purp se of this er is to advise you and you remind your client that t is drain ditch has existed for many years and in the opinion of Mr. nd Mrs. Chamblin the right to continue to maintain it exists. I believe yo 11 agree with me that if a ditch has boon in/ • existence for the period of time stated that there is no question about the legal rights of these people to continue to empty the seepage and drain water into the Smits ditch. I believe your client Will also agrer that this condition has existed all the time that he has owned the property and during all that period of time he has made no objection thereto or to question the rights of these people to empty this drainago ' and seepage water into his ditch. • I believe that this - is the proper time to settle this matter before construction is completed. This matter is called to your attentic so that you may instruct the commissioners that it is proper to empty this drainage water into the Smits ditch. Yo rs very truly, e• . ,%u I1CO �L,z.E41 . VIW /umN W. W. Gaunt cc Geo.Anderson, Co. Comm.Dast.3, Greeley r,_ Leo Smits, RFD, Ft.Lupton Lester Kinder, 6129 Stafford Ave. , Huntington Park, Calif. j--,/o Wm. Hisamoto, RFD Ft. Lupton - r { . . . . 1 . ... •• • - COPY . _ ... LAW 'OFFICES OF JOAN R. CLAYTON CLAYTON AND GILBERT I • ROBERT M. GILBERT • . 922/2 NINTH AVENUE • ['AVID B. EMMERT GREELEY• . COLORADO TELEPHONE EL 2262] • June 27, 1960 Mr. S. Robert Houtchens I i Weld County Attorney Kinney Building • Greeley, Colorado . ' Re:, Smits, vs. Weld County Dear Mr. Houtchens: Confirming ou o rral discussion of last Saturday when you, County Commissioner George Andersen, Mr.. Smits and myself .in- spected the ditch in question, we submit the following . solution. strictly as a possible manner of compromise. • ' Vie have previously advised you of Mr. Smits ' Contention and supporting 'data that the. ditch in question was in -place prior to the road viewer's report, thus giving Mr. Smits '. Claim a priority over the County's contention that the ditch is in the middle of a ' County highway. ' It appears to us that there are several possibilities: We do not deny that the County has the right to -eliminate Mr. Smits ' ditch and to furnish him with an open dike ditch to be built. solely at the County's expense. We contend that such a dirt open dike ditch would not be as "equal in efficiency to the old one for the . ,purpose for which it was constructed". . Such a ditch in our opin- ion would be subject to leakage, washing, being "filled by blowing sand and particularly subject to receiving waste water over its north bank which wastewater now, from the north,' goes down in be- tween the present north dike and a fence to the north This waste . water from the north does not usually formulate at Mr. ,Smits' pre- sent ditch; only in times of extremely sudden and heavy rainfall does his ditch receive any water from the north and under its present condition of heavy sodding such a sudden rain will do no damage to his ditch. We contend that a new dike dirt ditch, in 4l✓ '.�J Mr. S. Robert Houtchens June 27, 1960 the event of such a sudden rain, would damage a newly construct- ed ditch. Further, Brown vs . Bradshaw, 110 Colorado 537 , if such an open dirt dike ditch is constructed we would contend that a court should provide that the County maintain this ditch in proper condition to insure delivery of the same amount of water to Mr. Smits as he has theretofore been conveyed through the old conduit. We believe that under that 1953 Colorado Supreme Court case, the imposition of such a perpetual maintenance on the part of the party moving the ditch is within the equitable powers of the court . The other possible solution is leaving the ditch in exactly its present condition and the County obtaining an additional 10- foot easement from property owners on the south, thus not disturb- ing Mr. Smits ' ditch at all. The third solution which we are herein proposing is that the County contribute $575.00 plus the County furnishing the necessary, pipe for an underground outlet from Knowlton Reservoir for fl dis- tance r of approximately 300 feet ; Mr. Smits, from that point on, would at his cost , complete the underground tile line on the ex- treme north of the County claimed right of way down to the corner of his farm where the present ditch enters his farm. Vfe are basing the request for the $575.00 contribution under the £ollow'j_ng: The most reliable estimates are that it vould cost about $400 .00 for the County to move sufficient dirt to establish an open dike ditch in lieu of the present sodded ditch; further, it would be necessary for the County to install an additional five to eight checks. The estimated cost of these would be in the neighborhood of slightly n excess of $400.00. This estimate was obtained from Mr. Smiles; of Eaton, Colorado, who Ls an experienced pipe installer. Mr. Smits would then relinquish any claim he has to the right of was, of his present ditch and accept in lieu thereof this underground i right of way on the extreme me north edge of the County ' s claimed. road right of way. Mr. Sits further would then assume the maintenance of this underground pipe line. tae have requested Mr. Smits to ask William Colgate of the Fort Lupton office of the Soil Conservation Service to make an esti- mate of cubic yards of dirt necessary to be moved for the installa- tion of an open dike ditch. We wi ll let you know as soon as this estimate has been made---as Mr. Colgate stated, it might be a week Mr. S. Robert Houtchens June 27, 1960 or ten days before he can get this information. We sincerely think it would be to the best interest of all concerned for the County to make the requested contribution, for Mr. Smits to quit claim his alleged prior right to the present location of his ditch and accept in lieu thereof an underground easement on the extreme north edge of the new proposed road ex- tension and for Mr. Smits to accept perpetual maintenance of the underground pipe line. As you and Mr. Andersen rerd.ize, l r. Smits is up against a definite time limit on this work. He has obtained a "Notice of Practice Tentatively Approved" under the A.C.P.S. and which tenta- tive approval expires June 30, 1960. If, on that date, he can definitely tell the A.C.S. committee that the contractor will move in within four or five days to commence installation of this underground pipe line, Mr. Smits can then get an extension. If no agreement is reached that he can advise the committee, then his tentative approval expires automatically at the close of business Thursday, June 30th. For this reason, it is almost imperative that we have an answer. for Mr. Smits by 10 :00 A. M. Thursday morning. Please do not consider this time limit as any one trying to `pressure" the County; it is given solely for the reason chat Mr. Smits must he able to definitely advise the A.C.S. committee or lose any reimburse- ment for this tile line. Of course, if Mr. Smits should not obtain A.C.S. contribution, he would then be in no position to enter into the compromise agreement referred to herein. Verr/ truly yours, CLAYTON AND GILBERT John R. Clayton JRC:ds CC: Leo Smits r. 6418 LAW OFFICES OF NI COPY • • JOHN R. CLAYTON • - CLAYTON AND .G.I L B E R T ' ROBERT M. GILBERT 922Va • , . 9NINTH AVENUE DAVID P. EMMERT • GREELEY, COLORADO• TELEPHONE' EL 3363] H "^ 2ed— " +` . 1.44-24-- April 19, 1960 • p,., ....1,1.4...„1,1a •4,.e ,,,VLt if • Mr. S. Robert Iloutchens • . County Attorney : • Weld County Kinney Building • ' Greeley, Colorado • ' . ( . - - - - .. Re: - Leo Smits .. - - . . . Dear Bob: . Confirming our oral conversation it is• our opinion that Weld ' County has no right to open up a County road commencing at the . quarter corners common to Sections -19 and 20, Township 2 North; Range 66 West of the 6th P. M. and running thence due East through the center line of said Section 20 and along the ? section line . . to the E1/2 of said Section 20, thence due East through the center of Section 21 and along- the % section line to the center of said Section 21 if in so doing .the County dbmnges the present irrigation lateral leading from the Knowlton Reservoir to the NWT of Section 20 and through which Mr. Smits draws water. We babe this upon the belief that Mr. Smits ' lateral ditch was there prior to the Road-Viewers' Report, and if the County .took • anything by the Road-Viewers ' Report they took the -land subject to • the existing: irrigation ditch.' We also' believe that the County by abandonment has lost any right. they might have had from the Road- Viewer- ' Report. . • " .."- , .- As you know, Mr. Smits is''the owner, of a portion of the NI'I'A of said Section 20; this land was patented by Willard W. Knowlton - on October 24, 1890, said patent being recorded in Book 51, .page 213, _ Weld County Records. By warranty deed dated April 9, 1906, recorded in Book 241, page 201, Weld County Records", this land was sold to f, ' Charles Kunzma --in the same_deed Mr. Kunaman was also conveyed five • -.35-- . • • Mr. S. Robert Houtchens -2- April 19, 196O • acres more or less in the SW corner of the SW's of the NWT of • Section 21-2-66 covered by the Knowlton Reservoir. In the deed . • there is the following: "Also the whole of the Knowlton Reservoir, with its lateral ditches to and from said reservoir, the same being situated upon the SW's of the NWT of 21-2-66" The Road-Viewers ' Report shows appointment of road viewers on February 17, 1905; they made a physical inspection on February 28, 1905, reported'back to the County Commissioners who on April 11, 1905, took the following action: "The Board having carefully considered the report of the viewers herein, as well as the objections made thereto, and . finding the report correct as to form, and believing the public good requires the laying out of the road as recom- . , mended by the viewers, it was on motion ordered that the report be approved and adopted, and the road therein des- cribed and ,recommended by the viewers be and is hereby • declared a public highway. The Clerk is directed to record the report, plat the road, draw warrants in favor of parties for. damages awarded, and cause notices to be posted of open= ing of said road, and notify the Road Overseer of proper District to open the same to travel in sixty days as required by law." This Road-Viewers ' Report was filed for record on April 13, 1905, and recorded in Book 83, page 311, Weld County Records. • The ditch presently belonging to Mr. Smits had been in oper ation and was- visible long prior to this Road-Viewers ' Report. Further, the road viewers show erroneous ownership of land of the NE1 of Section 20; further, it is our belief that this road was not opened to travel in sixty days as required by law as set forth in the action of the Board of County Commissioners above quoted. We base the above' belief both upon record searches of title and interviews with witnesses and other documentary evidence. There is traceable in the chain of title of this property Fulton irrigation ditch water. Mr. W. W. Gaunt, Attorney at Law at Brighton, .is Secretary of this company. According to his records, certificate No: 204 was first issued to W. W. Knowlton in 1900; the Fulton ditch is East and above this Knowlton Reservoir, and thus it is apparent that somehow the Fulton water would have to be conveyed to the 'Wk. �3 3 7 • • Mr. S. Robert Houtchens -3- April 19, 1960 On the NE% the Road-Viewers ' Report shows William Rowland as owner. An examination of the records of the Weld County Abstract and Investment Company shows that this NEB was patented by William Rowland on May 11, 1891, recorded in Book 132, page 50, Weld County . Records; by warranty deed dated and recorded December 6, 1902, recorded in Book 200, page 418, William Rowland sold to Alexander G. Johnson the W% of the NE's and the NEB of the NE' excepting Knowlton Reservoir. Mr. Johnson owned this land until December 28, 1.905, when he conveyed it by instrument recorded in Book 235, page 195, Weld County Records. The SE's of NEB of said section was con- veyed on November 15, 1901, by warranty deed recorded in Book 187, page 491 by Mr. Rowland to A. A. Dart who held it until December 1, 1905. In the Rowland to Dart deed is the following: "and except a right of way for a. ditch through said land used as an outlet for said Knowlton Reservoir;" Thus, in the early part of 1905 William Rowland had no right, title, or interest in and to the NEl; the same being owned by Alexander G. Johnson and A. A. Dart. We have discussed this matter personally with Mr. Johnson who lives in Fort Lupton and who states• that the present ditch was. in operation on the South side of his farm when he purchased and moved on to the property. We can thus tie the ditch down to actually being there in 1900 by water stock, in 1901 by reservation, and in 1902 by personal knowledge. We have also discussed this matter with George Coburn, an elderly gentlemen of Fort Lupton who helped build the Knowlton Reservoir. He is rather indefinite as to the exact dates it was built but knows of his own knowledge that this ditchin question: ' was constructed either before or at the same time as Knowlton Res- ervoir. He cannot recall whether the ditch had been there to carry water from the Fulton ditch or whether the ditch was built as an outlet to Knowlton Reservoir. We have been unable to find any file of Knowlton Reservoir. The best information obtainable from the records is that the Union Pacific patented this SWk of NW' of Section 21; in 1892 it was con- s- 3s Mr. S. Robert Houtchens -4- April 19, 1960 veyed to Auctin and on May 5, 1900 by instrument recorded in Book 181, page 301 the five acres more or less covered by the Knowlton Reservoir was conveyed to Harry E. Knowlton who then conveyed in 1906 to Charles Kunzman. It is our belief from the above that: 1. The Road-Viewers ' Report is erroneous in not listing correct ownership of land. 2. Assuming, but not admitting, by the action of the County Commissioners on April 11, 1905, that if the right to open a public road was obtained, by non use and non exercise of right for were than 54 years, any alleged right has been lost by abandonment. 3. The ditch was there prior to the Road-Viewers ' Report and therefore if the County acquired any right, title, or interest by their actions in 1905 they took subject to the rights of the owner of the ditch. 1004. SALE OF THE LAND SUBJECT TO THE EASEMENT FOR DITCHES AND CANALS, WHERE THE PURCHASER HAD NOTICE. - In case of the sale of the land over which there is a permanent easement for a ditch and canal constructed thereon, the grantee takes the land subject to such rights of way and their necessary use, and the open possession and use is suf- ficient notice to the purchaser. (K,inne , can Irrigation and Water alihts, Volume 2, Second Edition, page 1785, Section 1004.) If the County desires to open a public road, the cost of re- locating the ditch should be paid by the County and the work done during such period of the year as to enable Mr. Smite to continu- ously draw water during the irrigation season. If this is the County's desire, we believe that conferences should be had with Mr. Smits so as to assure him as satisfactory a method of trans- porting his water after the building of the road as he has at the present time. If the County should insist on opening the road with- out arrangements for relocation of the ditch, we have been requested by Mr. Smits to take whatever legal action is necessary to establish his rights. 47:1-3.2 Mr. S. Robert Aoutchens -5- April 19, 1960 We axe furnishing two extra copies of this letter to you with the request that one of the copies be placed in the County's road file at the approximaterplace. ! Very truly yours , CLAYTON AND GILBERT John R. Clayton JlC:kms Enclosure cc : Mr. Leo Smits / PP- - - -- --v , . • .:n- .m'•‘ c?, "f.. 'ar! _ • - " • L5 O . ,. - - -'i At 1 March 18,-1960 - - - _..Mr.. Leo Snits — 4 l Route 2, Box 112 . ' c\ Fort' Lupton, Colorado Dear Leo: - I£ at all possible o . . .0 please bring in your abstracts o£ title to the p o'erty own in the Fort Lupton area so that we ma •o over same with the' - Commissioners on.March 2 1960. If you could be pr s• to meet with the Commissioners on thatdat at but 9:00 in the morning, we would apprec•a' it. - This eeting is h d to discuss the county road right o£ way a j cent to yo farm. Very truly yours, S. Robert Houtchens H County Attorney SRH:r cc: Board of County. Commissioners.: I { Weld County - - Courthouse Greeley, Colorado - \ - . , 1l �_ \ Splind m to D N 1 ' -4, (C-1 • 1Th h � , T %. L. r • xi itl ,. !1 a • 1 y-- `t • - - r . \ If1 ' • • i V(-)UC I 13 I� WELD COUNTY 190 To cut2 Dr. —� - tie h<,rcr? nniia2es. / ` Q--1 � --— _ / STATE OF COLORADO, ssfirst duly sworn, Both depose COUNTY OF WELD, } , being P and say that the above account is true and just: that the services, supplies therein charged for have been actu- ally furnished, rendered to and for said county, and that the same have not been paid, nor any part thereof. Subscribed and sworn to before me this day of 190 _ } i - firrr-� — - -- - - Deputy County Clerk. ,71 - 7 • _ I rep- ' Paid by Warrant No.__'__JiB • SERIES E. 'IN ACCOUNT WITH old County, Colorado a �a sus - FOR I IJ:;D 1.‘ I'i Road Damages. 7;1,1 (1 • •-'w..71,a tfrr.l red'" County Clerk. _ e i �,f;,,� yro Deputy. Amount Claimed, . . . . $_� Amount Allowed, . . . . $ Approved for$ die amount of$ was dis- Amount of$ was dis- allowed by reason of allowed for the following reason: airman Board of County Co stovers. County� A _ Attorney. iCI —1'26 r- VOUCI I E I` • WELD COUNTY 190 X11.1 a� To fi-_:- L_, 2.--<_e.2 Dr. =/a a try ( G STATE OF COLORADO, 1 SS. l` COUNTY OF WELD, I being first duly sworn, doth depose and say that the above account is true and just: that the services, supplies therein charged for have been actu- ally furnished, rendered to and for said county, and that the same have not been paid, nor any part thereof. Subscribed and sworn to before me this day of 190 J / h Deputy County Clerk. Paid by Warrant No._____ -- SERIES E. IN ACCOUNT WITH weld County, Colorado FOR • Amount Claimed, . . . . $1 -- -- AMOnnt Allowed, . . $/ 6 Apfroved for$ The amount of$ _____was dis- was dis- Amount of$___ ate_ wed by reason of , lowed for the following reason: �L G ',airmen Board of County Com Ssaioners. County Attorney. r^ -„, VOUCIIER WELD COUNTY 190 rnx - To Dr. _ 7s I STATE OF COLORADO, 1 SS. COUNTY OF WELD, 1 , being first duly sworn, doth depose and say that the above account is true and just: that the services, supplies therein charged for have been actu- ally furnished, rendered to and for said county, and that the same have not been paid, nor any part thereof. Subscribed and sworn to before me this 1 1 day of 190.-_. } 1 , .• E . : e Deputy County Clerk. 1. C tte Paid hi, Warrant No.__------ - SERIF-3 E. Ma-/-74 IN ACCOUNT WITH Wld County, Colorado FOR Road Damages. ye. Cl --0.4 .3 Amount Claimed, . . . . $- �--- r+ o e Amount Allowed, . . • • $ Approved for$ The amount of$_ was dis- Amount of$ was alo..,ed by reason of - --- - allowed for the following reason: L /zfri.zly� '!/miasiooers. - — -. Cbairmae Board of C000 Cornzt9 Attoruev. r- VOLJCI I ER WELD COUNTY 190 ��-Z • o(� ��o .7 Dr. To ��CYt/ a/o nn'IJ-znia es. %e- / 2-e / -- 1 V STATE OF COLORADO, COUNTY OF WELD, J ss , being first duly sworn, doth depose and say that the above account is true and just: that the services, supplies therein charged for have been actu- ally furnished, rendered to and for said county, and that the same have not been paid, nor any part thereof. Subscribed and sworn to before me this i I day of _190._ } I /e 2C t Deputy County Clerk. . 4/. -a / _ Paid by WW/arrant No.__ tu4;knEs a IN ACCOUNT WITH „r Yld County, Colorado FOR j?'ad 471:.Z?t,s, /2, 3 . Amount Claimed, . . . . $f Amount Allowed, . . . . $l_< o Approved for$ The amount of$__ - was dis- Amount of$ was dis- aleo.oed by reason of allowed for the following reason: - -� 7 . airman Board of County Com1' ionera. County Attorney. VOUCITER WELD COUNTY 190 To 1fG .max Dr. e9-O • STATEE OF COLORADO, T SS. , being first duly sworn, doth depose COUNTY OF WELD, and say that the above account is true and just: that the services, supplies therein charged for have been actu- ally furnished, rendered to and for said county, and that the same have not been paid, nor any part thereof. Subscribed and sworn to before me this l day of 190 } C/t/ f I /e is Deputy County Clerk. J a6 Qt. Paid by Warrant No. sNi}(IES E. Cam. CV• 71 -.�-- IN ACCOUNT WITH veld County, Colorado FOR •,,dd j)arnaZes. 7C Amount Claimed, . . . . $-� / oa Amount Allowed, . . . . Approved far$ The amount of$---- -----was dis- Amount of$ was dis- til._ -ed by reason of allowed for the following reason: 7A-4/ 7112d -t-dIA-7 cylinirman Board or County Con loners County Attorne . Please date,an and return this to County Clerk i aediately after posting notes. • OFFICE OF BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO. tMact, 91-12 -01 r.SO (4 • 4 . 4 °AA,: - z,,,,., di i9 0 )?v1tie ci,GQ.c, v4,90,ie,, voov, wck.A. wcaoc \ioot at gow- ceu,ov.5 9oiwtb va,owoo tot. Lv,, 4 and, tb,etieiw d e,oetiiLa... - ow %Mat NkiLaot 6itw„d to-&; dt owec..1, 'ieM ' t.Jyet,AvAkt, a, Q LL,o 24 Clerk of Board, By Deputy. i hereby certify that said notices were duly y sted. according to above instructions o A,a /1-'0.5- 0 COUNTY. ROAD 18.5 311 ROAD=VI EW ERS' REPORT. To the Honorable Board of County Commissioners of Weld County.Colorado: GENTLEMEN: r��// y� ;.\\1° Tour viewers,appointed on the �/ "`' day of �'�� ,Pf eil'to view county �Rr road,prayed for in a certain petition pr anted to your honorable body on the above named day�p d d a copy which lees been received�/yy us,vizz/ff:ComCmencing at' _ '} frt>21.44L �laua e.r'�,�//te-a./9_ -jf v0e . fl- -"'l'e'/�J!i afatj ./vurf.yler��le/eEru, .__PYi"(h(Ie.,,_42 C if(f,/1el/ -,—,244 tr/4 ?ti:Peireiet, /1 At_ ,¢t ore / d lie // �ce/cct'in�py��q.Q / /t /. or. .,o�ti# I iW42 H..coiHka.Y1-.L�J�C44 - . /ecwe met at the startingpoint of said Respectful the fo cn¢report,to-wit:rifler receiving ow authority to act, Pr+,poste,]rorzd, on the 4..i -day of CZ ....'.aLt-tfA ad - ,at the hour of/0..o'cloele-i1.M.,being the time and place specified in a 11 irrL ment,and proceeded to viewth rro Payed for Er/rr said p itior as folio s: We/c/p 'm need at the starting ?opt named r CO hl petition, and runt..a.ae. .D.3s�-�.GQ-�t< sX,..-r.C2G/N/:. - '-(/.Y/_�l n�A .Cflt2./..a et ,.. _. .2e.Z� :c.2 (�J,.ecrayo..n ue t2 c4 erSi rra. e 2eef .tai : e C- oJ The last named point being the terminus thereof,and the road as above laid out and viewed being over the most prarticabie route rrhiel, we in our judgment can find. .;iC f ' it > 3-=' f" '4 n ¢ . ' !• ► • )•• Ar . '{ , 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 II of this report,as shown by the following map: I I ' I iy 36 31 32 33 34 ao - 36 31 II 9 1 6 h 4 3 2 1 r, 1i . 1 d - 12 7 / \• 9 10 i] 1' i 7 I I 13 18 17 16 15 14 1:1 Ili I.4 1 ?4 In 'el - 22 23 24 19 , oo 30 • 29 - 28 07 96 25 30 36 31 89 88 84 - 35 ...� 36 31 • I 1 6 8 4 8 9 1 6 I I .immiptyn et ROME payed i., 11NMOtlw of a.Ewing. - .- j SYl.the alum Ir set:Is as dune.Wei been ndt eT.s UM IEEE. 311 We have taken into account an the damages and benefits to land owners arising from the laying out of said road,and report in Eabwlmr form,as followe DESCRIPTION OF LAND. trx NAME OF LAND OWNER Su. TP. PxxeB, rWKSutlit oue�m u oMMkni. MN' e 0HEA turn mom PITT GRIMM Of STRIP TULL SUBMISSION. ��7:'.=A�_o/C� A� v !�o�l . Y!.r1,1,. P . i .27 4 66 -zsee to 6a s 76- /I./Y.lliurie2&v 1,xr2K.. 2a 66 /,b/ 3 3 / • We have taken the following Government lands,viz• 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 furrow on each side of said proposed road. We estimate the probable cost of opening said road to travel to be$.73 ./ IA ..2r �ckaari✓.vt� attt-t1{L $441/,' 1--1/./ / zM EL „ S' /6� rQa ! � T7(13-00 u a,atyQ u zed �� ieg ,�!° /y sir.J./�. , dJ�.tot ,�..OW)/KrY au.a,eti elt/2-1.7 Which viewing we have completed the, . . .ue ..-_-....--.day of 60 r 'r a6; y r The Board Addle covenl/t considered / the report of the viewers s limn,as welt as C1�JcAi. l/-e�wrhQ Made la Jtuding thedo—did report cornet as tofor and bel Y rig the CCCJJI srmau. (u good al(fdrix the lnr.•2- it f du _ _ - -- - "-flawaaroso Rnded by the - �i was-- -_ _ __'—. - on motion nderrd [hal tks rr/� at. y) 3 / d.6•. jicesd and adop@d and !h r:• { de an Filed in the office of the County�� ::(` - -1 I ---� -be !c ..--- _..dserrdrd and.ntammen.t+l d� i� . and d;Mrby t mgeed a f erne ,il r°itY. °`�v' \— ��(((��' ��' gyp - daxls to _ pnt�S.��Nx./ fear road.dr u'an 1 7�-. I r r r 4 r awarded and c n to I Commtaeonera, for damage .w p` Zee to the Board of Ca�n67 bs posted of ntny of said Mid ! s+fY to nLa r! or-+. g - - the RoadOv..weer of Proper P;?nN/ pm-- h taken a d enter aof record to the minutes of their proesedin a,!o-wet - the same to I tin sixty,days as required by ' C NYwN 1,D O Q 6 a 0jao `•�• . Filed for record the _. .. ->(.L11t1'rQ_.. Recorder. Deputy. By •sloe.for 1•9141.110. s ,Z r. 2287.—' n.fr.f p.,r,Iona:,r r•n,',Winner; IM n, .,!a u„nroe cnrrr,rl ienga. ROAD-VIEWERS' REPORT. To the Honorable Board of County Commissioners Weld County, Colorado : GENTLEMEN :- 1 bar viewers appointed on the 1'7 th day of February, 1h1905.--to view a county road prayed for in a certain petition presented to your iTonorrable body on the above named.clay«ad date, a copy of which has been received by as, viz.: Commencing at* the quarter C o r- _ ners common to sections 19 and 20, Tp. 2N. , R. 66 West and run thence - - -- due En~e-t through the center of said section 20 and along the one half section line to the East line of said section 20, Thence due East through the center of section 21 and along the half Section line to the center of said section 21. For further reference , see plat of said proposed road which is made a part of this petition. Respectfully.submit the following report, to wit: .,4fter receiving oar authority to act, we met at the starting point of said, proposed road,on,flu,28 t1ua11 of February A. D. 190R at the hoar of 10 o'chick A.m.,being the time and ,lane specified in oar appointment, and proceeded to view the road prayed or in said !edition, as fo lows: Irerommen red aI the starting point named in said petition, and rant_ 2Q(//_-___. - - -- anc/ a Sow tar c f-z,-7 The last named point being the terminus thereof, and the road as above laid oat and viewed being over the most practicable mate which we in oar ,judgment can find. • rytl, orRa Inos yulfor , , IPc , r❑ VI vl g. G Slaty u ham(on If v If no change!have been made,crane i hl a aenrence, __ — • we have caused to be surveyed g.54 platted, and have herein embodied a p2 t of said road as viewed by us, and which forms a part of this report as. _en by the following map: i j I 36 31 32 33 34 35 36 . 31 I I I I t 1 6 5 4 3 2 1 6 1.)....)3/4)ff\ • ) . —_• 12 7 � %nW10 11 12 7 U '1A W , _13 18 17 16 15 14 13 18 1 a. I I I I 24 19 r su 21 22 23 I' 24 19 I I . j I I 25 30 29 • 28 27 26 j 25 30 I i • 36 31 32 33 34 35 , 36 31 I j j 1 6 , 5 4 3 2 1 6 i 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 Damages t em of f Dam •eo, r nW ae i Valun of ;Dun "to NANN. OF LAND OWNER i o r b,e of of 1 i i ma 1 Part or width of strip taken, Subdivision. 'See. - 1' X12 n e.iNo,a'srL •d Token. other 1 Benefits. ex .°f P• 6 taken t q i Benefits. D.J 2d.id .eZto w4n Soft t �2J /V '.1.-O - G !/.8i' 3 2 �i Jilt" 6f wl d Jot el c.22e5 !-o ' 7 G 6 /8i I 1 i 2 �� _ _ .a' O. �` ' f--3 9 f. o 27 j,. .,'e-LL1 y o .v;G 6 '',' ' 3_ 3 I-. /' 1-8-'22I1). . � gat#71 cl-z iV ryo , �'�� iii �� v'" l I 1 • I I ' 1 i I Il j ! „ u I t I I . I I i • I I , I i I I i i I I I I ___ __ __ _ _ _ _ -i- 1- - i , r,aen, , • , ,,..tnss, in, i i I I Wce-kave-ma.ole _ ,, me, e . : i., y Its Hr. , , . Inc,muck sh ,in- f-saµ nv We estimate the probable, cost of opening said road to travel to be$ 73_�- I I ( th..29./1—e--1--t4/10-.-%-aC--12..ge.-e- Gc ��'�'i �G[�r LGL a-14 2Z.- /� O 0-7,2e �rn i---_-_(g----do _ o�y/r/-ila. Ji0,-olCc. t aAc_c dQ�eQa a.4.--1___4/ /G r �e I -A I n 0 0 p 9 c -Ctiv---e., 20 �/�J2dr�,47,2.5.,„, ,{,/a.„.‘,./�c a 4 t vvt ��Li ex-1-4,v vwz,z ?i� jzu� 7Vlvro v view! to' we have con pleted this __ ;_dais o T 6 n / GG Ul/.'.v . • - A-141d CC' c0-}ItOr224^274"•-- - i •Bpncr,for Itenumkn, / // J' > / JI 7 , 'tf S. 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 ormmisaloners,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,end 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 connty 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. • 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 petitioh ha 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 mu out sold road to the terminus by the moat 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 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 live 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 thehenefits 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 venal 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 compensation tar 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 uct,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, Iu 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 proceeu to the view of said road. Sectors 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. Sxcrrox 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 there(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. SECTION 15. In laying out any road under the provisions of this act,it shall 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. Sectors 1. That private property shall not be taken or damaged for public or private use without just compensation; * * • • • s * • • • Simon 17. In estimating the value of all property actually taken,the true and actual value thereof at thetime of theappraisement shall beallowed 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 fall 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. SECTION 18. The report of the commissioners or the verdict of the jury,in every case shall state First—An accurate description of the lend 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 Fourth—The amount and value of the benefit. • s • // EXAttNED itATE OF COLORADO, ISS. !�V COUNTY OF WELD. J S0kkYEE11S' PORT. I hereby certify that this instrument �iled for ted inc � ffice, at sx tso. nd 's di i recorded in book No. Town Range 66 .�3 %t�� RECORDER. Filed in the office of the County Clerk, - / iqa 6 DEPUTY. adin• Cou uty lerk jX T H Pr wiled to the Board of onbmissio rs when the following action was taken and entered-of record, to wit: Tbb Beard havii-T carefully considered . • the report of the vicwcrs heroin, as well as the objections made thereto, and finding the report correct as to form, and believing the public good requires the laying out of the _ rc as recommended by the viewers, it was on mation ordered that the report be cap- proved and adopted, and the road therein described and recommended by the viewers be and is hereby declared a public highway. The Clerk is directed to record the repot,plat The road, draw warrants in favor of parties for damages awarded, and cause notices to be Posted of opening of said road,and notify the Road Overseer of Proper District to open. the same Jo.travel in sixty days as required by law. ?n�:i'�r� ' 7 cii MAN-7' ,,/J tom-- `j'la L a t Mo T t / ,14114-4-tek ,SA.AN-- Gaut vl -L4)-a.ot, ./5,4Af vvytyjoi ,4o-1,n 4te p Pik -Loud u o-- ? J ` IAA-e .t tt44 a s „rt./I .41_ 1.4 1-n2-4 if-/_ ,-Lefrcutt o-K)Tett c4-littiek 4 ry J Ct, 14,014,c,DyLvve(j1/4_ tyfu_ JAA,H1 zikf 14, 4. T N- 1`� w./4 2<>_ . -1 ' 1 , Thi 4 .i , ,,. _,1 ,r7 ', v , i ‘4, 1 r$ w ? �, i ci 4 i -4 i$-- -k-,;) d 4 , i c , - ) , n ,- --,. „„ ': - - I-7; ` A -0 i 4 ; 1 i rt c?, ; 4 a v-_' d . , { ,te r Please date. sign and return this to County Clergy- H.:ediately cIA: r posting 1. aces. OFFICE OF BOARD OF COUNTY COMMISSIONERS, WELD COUNTY COLORADO. Feby. 17 , 1905. 190_ Greeley, To____A.__A.._Dart.- Esq., Ft. Lupton, Colorado. Dear Sir: Enclosed find 3 copies of "Notice of Appointment of Road Viewers." which you will please post up at conspicuous points along the proposed line of Road therein described, in accordance with an order of the Board of County Commissioners of Weld County made at their_January- 1905-, session. You will please attend to this at once. Very respectfully, Charles-33air s Clerk of Board. By A.._,T.._Luthar., Deputy. ?E by certify that sa!d gOti77 w're -141. n^steel according u D,c t__ea .bons on c it l` l rtc .O1, ''A- 1:. /Oo/yam • • 40D.LL_ ROAD F SON.--The Out West Printing and Stationery Cn_,Col 'Springs,Colo. • • ROAD _PETITION . • • • To the Honorable Board of County Commissioners of 17pirk County, Colo. • GENTLEMEN:—We, the undersigned, Citizens of your County, )espectfully represent that the necessities of the public require a County wagon road to be laid out as follows, to-wit: Commencing at • Oonu encing at the quarter corners cOLuion to sections lO and 20 . Tp .2 N . , H. GO Went and nil thence due Unit. through the -.enter of said section 20 along the one half section line to the East line o'..' raid section SO . Thence due East through the center of Section. 21 , along the nail section line to the center of said Oectl.on ;Jl.• For further reference , see p:Lat of ssid I;roperuri road v idch i., made‘ a part of this petition . • DO NOT SIGN ON THIS PAGE . • • III , • • • • • • • • • • Said road to be not less than sixty (G0) feet in width. We therefore petition your honorable body to cause to be laid out and opened a County road as above rle- • scribed, and we,the owners of the land through, which said road is sought to be laid out, in,consideration of the sums of one dollar to us each and severally in hand paid by the said County of the receipt of which is hereby acknowledged, and of the laying out and opening of said road, hereby agree to give the right of roay through our lands as shown by the plat accompanying this petition, and relinquish all. claims for damage by reason thereof. 51; - • The said proposed line of id is more fully shown by the followi map or plat to which, reference is herein made, the same Lein4' in TOWNSHIP e -" NORTH RANGE ?4 WEST , 36 31 32 33 34 35 36 31 ii 1 0 6 5 4 3 2 1 6 i h p 12 II 7 8 9 10 11 12 'i 7 I! 1 ' 13 18 17 16 15 14 13 18 il I ll e 24 ii 19 22 23 24 19 it I , 1. ,I 25 30 29 28 27 26 25 30 i ------ 36 31 32 33 34 35 36 31 I 1 6 5 4 3 2 1 6. I II As witness our signatures hereunto annexed, and followed by a description of oar land this • i day of 190 SIGNATURES. PROPERTY OWNED. I , SUBDIVISION. ! SEC. I TP. ', RANGE. ., I •°/ y )/ C . fi j c 7 . r cr i �, ; "1972,/e()/1-./72C-(7C:44)?gli-7:),". 7.' /)#', ,� '\, ,1-v Iri,.J e,-i,/1 ,',// ��s /° e l S C- �� I. -� t- '- • V I� f. �� l /--, t / 70,4„..4&._ 02•6' I is e I I I I i , 1 , , • , i I 1 �. i 1--"e I ^ (i:O i 6- O U d m r. e. ! "1 4, v R` m e n o � � _o - „ a o 1 ►�� .� 8 -z: '..t, �, N �„pF p� l ti `t , ,. v .N p y rt� h .., .o, 3k::' H cb o W x k "d e �' d. R �� .0 1 •Y3 ab ce a14 ccl ,:. 4. 1 : '''I .41%Vy �1O Yal 4 81 /�/ . o',S,1 1 m I y h d k `u 44 d V• w \11__J �,4 .C d+ 1'h I 1 • ^ ^ • • /1 • • • • • • I I . 36 31 `32 33 34 , 1 ' 36 • II 31 li 1 9 6 r4 s� ! 3 2 1 6 ,r --Jt' 1- / I 111 1,1 12 �+ 7 8 9 10 11 12 �I 7 }-g o Il • 13 18 17 / '2i t, �� 16 15r.---4--f47,„-T„...... f 18 d7 %o� 1 I _ / 8 `f_f�- h . w.w, 147 '24 19 19 i + ae ip v eff4 22 23 24 25 30 29 28 27 26 25 30 ' r 7 36 31 32 33 34 35 31 HIfirli— it j '� - 1 ' J II G 5 4 3 2 / 1 G i • • • • • . • cozA--.9-- - /9° oG. lia2 '_ �- da,(.s e _ ester. --v-on-e' 74-n-A ;,-n __Az.- _A-7-ca d- a _4 d o ,�/'.,�� e' -40 ,4e rG, t _ _eV c X L .2D' C 2- c,, V ._ 2-,2.n' _,9-6 l G u �o e Ne d -Joint GLD Cc,ire'zin / aw (ll'z g.-/-„rin, t • ( said ) 91 — i Greeley, Colo , Nov. 4, 1904. A. A. Dart, • Dear Sir:-- As per your request I am enclosing to ;you herweith petition for road throug h center of section 20--2--O and when you have the .proper number/of signets (TEN) return to this office with a deposit of $15. which: is a guarantee of the expense, of viewing and should the road be granted or any part thereof the; $15. is returned to you. Very respectfully, William R. Adams, Clerk. Kindly return with petition b Deputy. this letter. / 69 .7/y ne -.z T c * - /y' - /Fag/ ox,",,? izZ 1 (e lore. nf \, 41 lit I tl eP.i2 /L- pyqy, — Ge�in c ueJ sota- L 7 Hello