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Home My WebLink About150018.tiff 100/627 Co. Rd. 386 also see 100/657 see County Clerk and Recorder Book 83 page 371 11/3/1915 Petition to open road: Com- mencing and running through Sec 35 T 4 R 62. Viewers appointed. see Book 14 page 469 11/12/1915 Correspondence protesting location. 12/9/1915 Correspondence from State Board of Land Commissioners listing proper procedure to open roads on State lands. 12/10/1915 Petition protesting location. 12/11/1915 Viewers report received recom- mending road to begin in Sec 2 T 3 R 62 running North to Lincoln Highway. Report approved: declared public highway. see Book 14 page 527 1/13/1916 Landowner will not give right- of-way. 2/11/1916 Commissioners inform landowner road will not be opened until later. 3/29/1916 Copy of Engineer's report to State Land Board. 4/25/1916 State denies application for R/W. 5/6/1916 Quit Claim Deed for R/W in Sec 23 T 4 R 62. Grantor: R. R. Bobb. Recorded in Book 414 page 250 Sept. 1916 Correspondence regarding McManus property. 10/4/1916 State Board denies right-of-way. 10/20/1916 Affidavit of J. Painter denying accusations of Mrs. McManus. /,. ^ / 4 P 916 Asa) s Ili • , ,, 4 3 2 Riverside i (... R9 : 4ri01t L i C., t o ` The 1 oT : ® 1 21 7 ;as .L F RARF1ELC 1 J e a�oo , X / LLlf- 2• 27 • V/ 25 30 Canal 1 33 34 36 31 / ' M y` 4 j 2 6 o i a( 0o 9 10u � ) II i2 7 1 I / O/4 7 l (Fore see recording) COUNTY KOA® 386 ��°•- Recorded in Book 83 Pa e 1 6X �� o 1pq : ROAtt VIEWERS' REPORT. c r . q—tea727 - . t y' To the Honorable Board of County Commissioners of Weld County.Colorado:GlitiTIACNIENt / - Your viewers appointed on the-9csof day of0irsts-r 19-/3._..to viewbceunty road,prayed for in a certain petition presented to your honorable body on the above named daA etnd date, a copy of which, has been I \ received by us,viz:Commencing at' .tescha &a wed SZ2ag,a2URR-bee*2sccM%'id---.---: 4 0 . 1.fu,`/k•7d l.�.losWidsie?.-,rff Ces: irimata +i.•s7t••-ilse efeesicesielsw- e'if,,.tth .4, 1� u9ifl/nfn<eri~el f-,-.*< '1••�'d ..(,/vo l:.../�e v!P fr 0 yru.of i _ ,,ryhpss /mTiri ,bf,... f. ge...•eT , ter.:, ,[/,,-T.l.,✓i..w/iP..A , ,. fe.w.1.< �,2 -O le 1, � �.4n'..�T(..,..�r+»..a��1/a. G ra.?.i .r .tl, ^AJ' -ea, ` " : • _ .• - r„d , • Sespeetfa ly submit the ffowing sport wit:.diter re 'sing our autho to act, a net aE star in point of sa • propos road,onm - -,If/sh�,at the hour of/-Q..dclockt_M.,being the time and place specified in our appoint- 1 t the--ll�--any°v.s dpray meat,and proceeded to view the road prayed for in said petition,as follows: We commenced at the starting point named in said --li .1/47 petition, and runt _,t h v i -------- named point being the terminus thereof,and the road as above laid out and viewed being over the most practicable route which `4 i ad ent can find. We ound it necessary`ooake the.f�ing changes in the proposed route as prayed for,viz.::L furritaze , . d tt rwN as ahmmn by the following map:x. i 371 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. NAME OF LAND OWNER. MEET° m •ev.�nr -- _ SE. Tr, Rexce. a °wi:uor o u:o re I-" n•'�r ' -" - Pear on it-iht ai tSIIe'frten.-- ---SuENnsIoe. — "° e.um er;IM ega�a [ry a%I7c/!(n,trt a/ �,/ Go 21 fv 3s sf e.2. /M. ii,„ ClJfmt,te:tet t,.re r1fry fr,. ..:7 iti ,a i,vc. //O.co U/ rata/ a• /szsa dilate: .s/Lst'rra rid=- Go,, �,( �a ,`/ 6R 7r/ f"O �li 3.,r /{ GR 9. ��/� t o - z 3 Ca- 6.a. alje>+ �r- ./ ,v/,✓itL died.f/vice_ �.).o,(t We have taken the following Government lands,vi- - - - -- Dina of Colorado,) Oohed,of weld. J" FILED IN CDMW.ISSIONERS' OFFICE . We taken have the following Railroad Grant lands,vim ..._.": .. N0V 15 1315 i -- - iwi L161 Ca:If Ca'l's Cibez is 24rai fs. . J. E. SNOOK, Coon Qua - . 0. E NEWTON, Deputy . anal acting clerk et the burnt We have marked out the line of said road as located by us by turning a farrow on each silt of said proposed road. . We estimate the probable cost of opening said road to travel to be$ • • • Which viewing we have completed this ---------------- --- -- ---- ------- day of.2Z r etede-.;,1 . , /943 7. - ..._.-........_l..F:...r.C'.1 ,. i..wc.—o✓ )Viewers. _ . .,, ,.,-r.:c:.,.-.7 Fled-in-lke-office of.the-£bantg Cle,L - -. -. . lb Board having tarifnfly of-- . itsrnforl of Mt viewers herein.area'- _ 'r . al otfeetioat made thereto,and firdirf a ii - ICP /Garrai as in tarns. and delievint a, ---^-- - oL..4�✓//ei /9/-? ..fr—d as r[Cmamrnr:d %•r r.V :'invnr.d ra Presented to the Bo¢ d,of Comnvisaioners, r - aralir.+ ordneJ that lint rifted a. t..� to wit, ..". - act foetid. and th. Tad.tenth .._..• taken a" jd en(ercd of record ' d erataided and raommeadr+'.:;tha anent* � .. 4 hereby dre/,treed pah/ir /fitAa'7. 27a Cork rportigat__ _Vital- __ __ _ _ __ — f ruuaa,au.,at,en favorra !r ----- ----- -2lri3r5twuru�D�- -'1°"n'°s" _ _ _ _ fo?L^.,ggs awarded, and cans agars go i Filed for record the.....fl.-C. day of...Ct r' 1 ,r /7lla._- topes#4ofowing of said rvad,ea=elf.V . II .-0.1-y es ce.z.t k A 977. , f eta BC.d Booster of proper Distridf ce - .. 'I I.6.r�'..,6,04cnay ', ^ as was to Thud rin..i.sly Las Mat' geraoonrnmmna. / gf ✓t. IA ee4r— /Q cV;t1h_ ___0. II Present Herd Dulls: ._ -- INSPEC'T'ION INVITED BEAU PERFECTION 6th,35N143 _ By Perfection 92K01 Out of Rollo Donald 44th,100S115 CORRESPONDENCE SOLICITED MANSELL BOY 426280 (Imported) MODEL.A.446700 ,tEAll SALINA 30.5010 By Bean Misol ief `ak.ent r *lurk land!: .1OIIN E.PAINTER. Proprietor 14,000 Acres Devoted to Registered Hereford Cattle 50 Miles from Denver.between U.P.and Rtlrlindton Railroads LONO DISTANCE PHONE LIARIIIN F-2 ROGGEN, COLA., Oct.20.1916. Sr. Gec,A.Hodgson, Greeley, Colo. My dear Mr. Hodgson:— Enclosed ple °.se find copy of letter and affidavit I am sending in to Mciniry today. It se:ms the old lady not only brings us up standing on every move,but manages to bring all outsiders she approaches to her view of the twt matter—Meanwhile we shut in— N Yours very truly) 0 ,�1 T. F. DEWITT. PRESIDENT. A. B. COOK. VICE.PRESIDENT, ii JOHN E. PAINTER. SECRETARY.TREASURER, PANSHALL. COLORADO il HELENA, MONTANA ROGGEN. COLORADO EXECUTIVE COMMITTEE P P�11 �lHq- P P PP P E. M. AMMONS 't.:� 2 1:: �4: R t"i-> Au V�teVn J1 eref Orb TOreeber ' DENVER.COLD. ;Milk40, � `` GGG , , L. G DAVIS - A ((��(,,yy,,..�,r+ }} SARATOGA.WYO. ,Fer .,Jy$ py9, �G6TJgonaLIOTY *..xi ` 4 (An p GEORGE CHANDLER ry,Y... w}.,.y HEADQUARTERS u:;:CITY.OREGON "" 72,k{X DENVER.COLORADO jh g 2 A. L, WESTON � TTLETOn c ^�'h L DLO. OFFICE OF SECRETARY AA ROGGEN. Co[M. ROGGEN.COLD, aotolaor zatlt.lLale, Mr, M. D. tdcInerya Donor, Coln, roar Sir:— Enclosed affidavit will be self ©::,planetary. I think nftor the unjust e1wrzeo you Have 11;ctdc in your lottor,after hewing only ono side of a controveroy,c::.d that unduly warped to say the leant that it in your official duty to fully investigate the actual conditions in this case,`lhort T am nur;a you will find th.tt an apology is duo Mr. Iiodgeo:t after the ronrrkn you made in your ' letter, = porconnl investigation of the plaoo where a road is proposed on the -' i'tracIti,eP.01lity cotton line by any qualificd _aeroon would show the S-'s ibili.iuw of putting a road in thin place ;and expecting to maintain paraesin a condition fit for travel. Yours 110np. /1 ??..t..._,..2 , / ca____:- _/22(-1/2-,-2: Q6 - 93. OFFICE OF SECRETARY ROGGEN. COLO. October ZOth.l916. q - 9�- ROGGEN.COLO. . State of Colorado* County of 'Jell Poreonall.y ap :e:red before no a Notary public in _ni for the State of Colorado John D. Painter,bf P.og;on,, Color::do,to no personally kno;rn,,.ho being duly sworn, lepoaee '_:d nays:- - He in a homesteader in the neighbourhood of no en, :d h:..c been an actual settler in this territory continuously since 1323. Ho has seen a certain latter on file in the ofaco of tho Board of County Cormiczionors of Weld County in Greolay,written to George A. Hod •sen,ane of the County Conmtisvionera of aaid County by M. D. UcInery in his official capacity in the aenoral Land Office in Donvor,ald dated Soptombor 29th.1916 rolativc to v. roan laid out across tho land of Viola C. Mc :anus szzo boin;, Imo; :111. aec.04,S T:5?- cnd1PFi, ITV Sec.35,T.$1I. R.62 W. said lather charging affient and others _ with conspiracy"to harass end oppress this homootaadar,no that oho will moll out for a song". pffiant on oat:: declares this statemont together with other ': statements and assertion° mule in above mentionod totter absolutely untius,and without any grounds vfiatsocvar. .ffi:lnt further declares on oath that whon Viola C. MIoifanus filed on her hcr•oeteal c.c o;;luaecated _:Uses,oho i ctmv. thereon a y;i+Ulic travelled road,rogularly ueod by both the ssttlore is the 1oc lity,.:nd aublic travel going frc:: the vicinity . of Ma.:tcra on tho Platte 'tivor to floggon en the Burlington Railroad. ��i1 road had within the confines of har claim a rogularl.;v constructed and maintained bridge over the intake ditch of the Empire Reservoir. Said bridge h-vingboei built and constantly maintained by the County. said road boing the road in contoversy. affiant, further declares to hiz personal knowledge that this road has boon a m continuously travelled public road betweon Roggon and the Platte :fiver sattloants in this locality since 1883,it being no travelled and the only connecting lint: when he crane to the country in that b yea r,a;d the only practical place vinciro a rot 4... can be constructed. The nature of the country in this locality in so extremely s:niy_ ' and rough and broken,blowing in clouds with„every wind when once plowed or graded, c� that it in impractical to construct and maintain a road along the section"linen. A11 public laid out roads in this vicinity,that are travolled,oven including the Lincoln Highway along the So. Platte River in this suction, follow the contour of the country an is done in the Canons in the Hountains°An inspection of the plat toe roads on the records in Greoley,will affirm or contr✓lict this statsrent- The probable cost to the County of malting this road suitable for public travel by hard dirting the candy stretches would be from *600.00 to-$600.00 thin ;could includo replanking the bridge as frr.as necessary. In contnavercy with Hr. Field the State Engineer,when Mr. Hodgson and several interested parties ware i preusnt,ho computed the cost of building a rood along the section line at *2000.0" and offered to build same for this sum. I.tr. Hodgson calling on five witnesses; to boar: testimony to the fact t-opt h'- he could h ve thy- this s road for this sum,but ≥'r, Field gracefully retired from his previous s'tAment. Al2lant indignantly resent° this charge that he in in conetaracy in any way to i1a.raeu and oppress this hot:.esteadcr,or that either individually or in connec' :': tion with anyone eloc,ho is in any way interested or docirous to obtain this land. at the thought of buying cr acquiring td,in fact s m;:ro has ;'saver sntar od his i;ol that he would not be a tidlor for suneuoven La a song". ffiant further docla es that Viol.. C. Mol.tans being a woaan,a;d prouunab y a widOw,takLo undue advantage of the 3 conditions to prov. rica'te,and misrepresent the actual conditiona in this caoe,a d occur° the cy,;tcathy of those not f ,•nilikz with the actual facts,and conditions in this cans. Affiant further dacl-re, that the action of Mr. Hodgeon, the other County Cora ibeionoro,tho viewers,and other officiIDln who have boon connected- with this case up to lato,havo boon entirely diuinterootod,a;d governed by tho actual facts and. conditions in the matter,ho undorotands they have acted under lo!:-1 advice, vhonover ease was neconaory, end they have been governed entirely by the :mblic ne dz in'the na.ttcr,_nd the action they have talon has been r:u.do solely to try and `;ivc the ]:ocei,eary roli.ef,'.vitli the rinirni expanse to tho tviyayn'.i. `ri.loa Chi llcMa'nue r till moo and travels this road horsolf,Dut by force of amts and throats p dent° 'ho travelling public anti all sottlore Iron using same :von thot the road has bean aocl::rod oven througis the regular course of proceedings takeu by the County Co.. :inzionern,of Held County. Sri° in at the present time ugaer in i{%traont for auci alt and battery by one of the onpioyss of the County — --wt-abet- ;o4-- list. -he want tu_ror a_r-the brldgu'nontioiio" - )0Cea subscribed and sworn to before me a Notary 11 ,1 is in and for the State of Colorado this 20th. day of October 1916. iWy Commission Expires.Aug. 21, 1920 o ary Pu c. THE STATE OF COLORADO STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING LUCY[.PEABODY FR[D FARRAR. ATT OVUTY KVIrttR •K[•IPKNT JOHN C.MILD CHIMP X.MCNICHOLS CHIMPCLERK main JOHN I.VIVIAN Rt°'"tt DENVER Oot. 4, 1916. Mr. Walter E. Bliss, Greeley, Colo. Dear Sir: We have your letter of Sept. 30 , and your letter an- swered fully my question, namely, that the County has not yet gone into court to settle this controversy. This Board is not inclined to determine legal questions , and while you as attor- ney for the County have one opinion and Mr. Kennedy as attorney for Mrs. McManus has another, the only way to settle this dif- ference of legal rights is before the proper tribunal. In any case I personally woula not be inclined to determine the matter, either in its legal or practical aspects , especially on an ex parte showing. The present condition is that the petition of the County has been denied by this Board. The County Commissioners have naked for rehearing and some hearings have been had, but no determination has been made on the rehearing. There is a decided misunderstanding between Mr. Hodgson and Mr. Vivian. What Mr. Vivian said to Mr. Hodgson was that whenever this matter was determined ir, Court, then he, Mr. Vivian, would agree to vote for a right of way. I am in- clined to do the same, although I still am of the of nion that it would be of more benefit to the State land aninesaffiage' - - if the road was confined to the western boundary; but notwithstand- ing this opinion I am willing to interpose no objection if it is the consensus of opinion and the desire of every one in the vicinity that the road be so built. I made a personal visit to this vicinity and I found a number of settlers who are very much opposed to the proposed road and very much in favor of the one along the westerly boundary. In the meantime two other petitions are pending on this section, one a petition by Mrs. McManus and her neighbors for a road along the westerly side of the section and the other a request for a small reservoir by a Mr. Babb, and action by this Board is being urged on these two applications. Incidentally I might say that in the opinion of the Board and the Attorney General, the fact that a road was used 94- 2O Walter E. Bliss-2 prior to 1876 does not necessarily give a right of way, and, further, the proposed road does not follow the old route, and while a road may be more expensive along the west line that fact is not controlling in the determination of its locStion. Further, I personally have not considered Mrs. McManus in concluding that it was to the best interests of the State that the road should not cut this section in two , necessitating a double line of fence , in. part quite crooked, and necessary cat- tle crossings under the road. Yours truly (_ Engineer. JEF:F P /a9G,z7 94-25 ® • DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE. 315-25 Post Office Building, Denver, Colorado , September 29 , 1916 . Mr. George A. Hodson, County Commissioner, Greeley, Colorado . Dear Sir: Complaint has been made to this office that with respect to a homestead entry made by Viola C. MaTanis on the M M4 Sec. 34, SZ NVT�. and NW-1-11W NW-1- 11We Sec. 35, T. 4 N. , R. 62 W. , you were using your best efforts as County Com- missioner to impose your will upon this claimant in an endeavor to get a road established crosswise through her homestead, despite the fact that for all economical purposes a road could be built along the section line , and that a road along the section line would accommodate several homesteaders in that country, =t ereas the present road, which is purely a. private one, would discommode these homesteaders . The assertion is made (supported by affidavits filed here with us) that the building of this road across this woman' s land is but part of a conspiracy on the part of John E. Painter, C. L. Waite and others to harass and oppress this homesteader so that she will sell out for a song . Statements have also • 9G. -Se • • - 2 - been made that your suggestion to the homesteader was that she prove up on the land and sell same to these cattlemen, in order that they might do as they wish with the public lands and homesteaded lands in that vicinity. I am writing this letter to advise you that it is one of the duties of this office to protect homesteaders and other citizens in the enjoyment of their rights under the Constitution, and to suggest , if I may be permitted to , that I can see no reason whatever why this road should not be established along the section lines instead of across a homestead and thereby destroying the value that the citizen has in this homestead. Information has been filed here that the State Engineer has advised your people that he would ,be able to build a road along the section line as cheaply as a road could be built over this homestead; that there are no topographical or other reasons why a road should not be built in its usual place along the section line, instead of across this homestead. If the story of this woman is half true, as she related it to the United States Attorney and other attorneys in my presence, she has been treated in a scandalous and shameful manner by certain citizens living in the vicinity of her homestead, while she has been trying to comply with the law by residence and improvements on this land. Yours truly, i9R' Chien Denver Field D sion. 96 -17 • THE STATE OF COLORADO• STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING FRED FARRAR, ATTORNEY GENERAL LUCY E.PEABODY PRESIDENT F�1� DEPUTY REGISTER JOHN E.FIELD echati " ti, W.H.MCNICXO L5 R GIN EEK .yam_yam '2Wr1rE JJ••O� CHIEF CLERK JOHN F.VIVIAN 4YJ�s'PR_. REGISTER ��,,[.(� operti' �IE,ip,H9at� t�f tt DENVER Sept[ 28, 1916 ,1�11gLIM L j9SNlQ ng 1� 0 r +�f, also* *ate r, ,axs' R' d meM;9 Clerk Board of County Commissioners , Weld County, _ _Gre.eley--,- Colo- ___-_ - - ---- ---- - - Dear Sir: There has been considerable correspondence between this office and the County Board relative to a right of way 7,r/NRCZW through Sec. 26 and the County Commissioners have made ap- plication for right of way. The last understanding this Board had was that the Board of County Commissioners would go into Court and con- demn a right of way, through Mrs . McManus who has land in Sec . 35. This Board has been informed that such court action has been taken, it has also been informed that it has not been taken, - that all that has been done was that the road was viewed by viewers and the damages assessed, but that suit has never been brought in any court. I write to ask you to state just what has been done. If court action has already been commenced and the property condemned and the findings of the court entered then this Board is ready to take action on the County's ap- plication for right of way, but until such court action is had it is the agreement that the right of way will not be granted. An early answer will greatly oblige us. 100/1, 1_ 7 JEP:F - )zt .-z_C .5 ≥A.f urs truly Engineer. 94 • • Greeley, Colo., Sept-. 30, 1916. • Hon. John E. Field, engineer for State Land Board, Denver, Colo. , Dear Sir, Your favor of the 28th inst. relative to the • application of the Board of County Commissioners of Weld County, Colo. , for right of way for road purposes, over sec. 26, Tp. 4 IZ.R. 62 W. has been handed to me for reply, • , - I believe you do not quite understand the' facts of this case. A petition for opening a public road was filed with the Commissioners and a board of appraisers or viewers appointed and notices of viewing posted. The viewers made inspection of the proposed road on the day set therefor and thereafter filed their report approving and recommending the laying out of a public road, and assessed the damages to all contiguous lands, etc: The board of commissioners accepted the report of the viewers and at their next regular meeting declared the proposed road a public road and• caused notices of the opening thereof to be posted. Prior to the commissioners taking action upon • this petition for road purposes Las. McManus filed: a pro- test against the laying out of such a road, claiming the petition was not properly signed, etc. The board decided the petition was legally signed and proceeded to appoint viewers even though the protest was made. The principal contention of Mrs. McManus was that the petition was not signed by ten free-holders living within two miles of the proposed road. Her attorney overlooked the act of 1913 making a change as to the number of signers. Erse McManus did not file any objections of any kind after the board took action upon the report of the road viewers. The statute provides that she may file a written request for assessment of damages by jury, and the commissionersthen must file complaint in the county or district court for condemning the right of way. We followed the statute strictly in establishing this road and by virtue thereof have right to the strip of land needed for the road over the McManus. land. The /oc/6z/ . . _ \ • . \ proceedings followed by the commissioners amount to a condemnation. Vie have tendered to Mrs. McManus a warrant for the amount of damages awarded. We felt we were doing \ more than the fair thing with Mrs. McManus because we already ' owned the right of way across her land, as we had a public road over her land prior to settlement thereon by her, and in the same place we have laid out the present road. The road through her land has been traveled for a great many year's. - -- ---- - — -- - - From the best information I can get I believe the •road in question was, in use by the public prior to 1876, and it has beerf used continuously since that time, although fora few. years gates have been maintained along . the line of road but the public peed the road nevertheless. • I feel certain the Attorney General will agree with me; that we own the right of way for this.' road, pro- vidingithe road has been used for the use of 'the public , • • since sometime prior to 1876. II also believe -the pro- / .t ceedings taken by the commissioners amount to a condemns tion .•of the land. and your requirement that we condemn the land before you give us right- of way across the state land ;has already be complied with-. \. Mrs. McManus has told me several tithes that thy. e State Land Board would not give us a right of way aetoss-J the state land until we settled with her:, but I cannotr.understand why you should nake _the grantkif right ' of 'wayiacross the :school Section dependent -upon a- settle- ' . ment with Mrs. McManus which is satisfactory ,to her. : I think this matter should be settrea.; `at once becene* trouble might be had before long if -it ;is not'. Mrs. . McManus •made effort to injure our road man the ,ather day . • vihen :he wont to the birdge across the inlet o'f the Empire Reservoir- to do some repair work. Mr. Hodgson, Informed me that1',13r. Vivian assured higm that we would gett the, right of ' i Way without further trouble , ,but' for some :reaeon we failed to 'get 'the deed. The real value of the land tio be taken ' - ' / isseismail that we should have very little. tremble in settlement. ,"- .1 ' 1'r. If there_ is anything you.,desire' -to- knok;:. aboQut the ( :, ; pr6aeekiings, taken by' the commissioners I .will be leased . to; give you the information, but I do not feel) ju. tified , ' 1r;1 ,going into court and condemning the right'of w4,y ,th t , w¢, 1iave;.already acquired by the' statutory proceediir�g,. / ) '7 i Thinking you in advance for due; considezation of '7this' matter, I 'am,- /p/G f • E i Very respectfully, 9 B • MARTIN HERBERT KENNY • GENERAL COUNSEL • FOR ATTORNEY AT LAW • THE ROCKY MOUNTAIN NEWS 732 EQUITABLE BUILDING • THE DENVER TIMES • DENVER O • September 27 , 1916. Mr. George A. Hodgson, County Com. ,\ eld Co . , • Greel ey, .Colorado. Dear Sir: `,. I have received your communication of September 19th , and have to say to you that there is no public road over the premises of Vi-ola Mc Manus, and that the• County is not proceeding in a law- full manner; that there -is no- public road through that _ mart of the country at all, and that any attempt that you make to enter upon the premises of Viola Mc Manustwill be considered by her a tres- pass and you will be held strtitliy responsible for anything that s you attempt to do there . -r I cannot belie e to at y ou ar&=•acting according to, the instruc- tions of the attorz y, a hat you must have misunderstood him. As I have said bef56re , there is no public road, and there can be no • public t-ravel •over her land. • ' • Mr. Field, advises me that you have .absolutely no right ' to pro- • ceed, and I have 3f=ttadvice based iip-en ,his'. opinion, and whatever action is taken 44i11 be based upon the opinion of Mr. Field , who , . as you '_-mow, is a member of and engineer for the Land Board, and is • entirely familiar with rights of way for public roads over the State lands. • As I have said before , `e r o you do at your own 7711. peril. . I do n,t mean this in the form k . neat , but I mean that we will hold you strictly responsible , not onry to the property of Mrs. Mc- Manus , but to her feelings as/ ell. - In the meantime I remain - _____ Yours truly,� l y l , ct l ' `L-! ✓3Y�. 2�• 'may p•tswit `, F.:1 } F•. 0404444. Ili t for /0",4.7, 7 9_ro•- 83 • • Greeley, Colo.:; 4 4 • - • -- - : - September 19th, 1916. - ' I • • ' Mrs. Viola MoManis, Masters, Colorado., - ' Dear .Madat :- I have directed Mr. R. R. Babb of Masters to proceed to repair- the bridge over- the Empire ditch on the pub$.ie,:road established through your place. The Co.unty. has( pro- • eeeded in a lawful manner to -establish this road and/tho public demands that it shall be opened for public tra ;el at once. a I have also written, to Mr. M. H. Kennedy advising, hire, .'.that I have—instructed Mr. Babb to ,make the necessary repairs to the.tbridgo over the Empire ditch, and further that read, ..\. would be opened for travel at -once. - - Yours very truly, "' ` County Commisoio(er., ,` Weld Cou �,9 ,• olorado . f, , • A / , - Ht !, \\. . � :'• / 4� fQ • f 7 - -_ I{ 1 r . Greeloy, ' Colo. , - • September'1.9th, 1916.. • • Mr. R. R. Babb. ' Masters, Colorado. . . �, / Dear Sir:- Referring again to the matter of °opening, up the road through the MoManis place, I wish to say ,that' I have' con- sulted the County Attorney and he advises that the County' • has proceeded in a lawful manner to estbblish this r,'hd. and that there is nothing further to de,:exeapt 'to go ead . ' and open the road for public travel. 1 . - • '\ You are hereby directed to go ahead' nd make the' ndcii t. ossary repairs to the bridge over the Rmpire ditch, falling • in the approaches thereto and make what other' repairs that`,.- may be necessary. It is not important that the road should be fenced.- The County allowed Mrs. -McManis- $110:00 to 1`8y expense of fencing the road, which 'amount' she refused tic, '\ . • accept and returned the Warrant therefor to th* officS. `.. Keep within the sixty loot right of way and open 'the Mites\\ . • where the road enters her land if necessary: 7 \ • 1. have written to Mrs. McManis advising, that I babe ' ' instructed you to make the repairs referred to above/71nd that she may expect the road to opened and used as qjpnblic road. l - lid Yours very truly. • `• - , ,1A1 , , Con 'ty Commie i �er.- e } t?"4.0.2 - . • Greeley, Colo. , _ ._ September 19th, 1916. —_ Mr. Ti. H. xennedy, Denver, Colorado. Dear Sir:- I have instructed one of my road men, Lir. R. R. 'Babb • of Masters, to repair the approaches to the bridge over the T$mpire ditch on the road established through theddtrs. Viola McManis place. I have consulted our County Attorney relative to this matter and he advises that the County has proceeded -in a lawful manner to establish this road and that there is /nothing further to be done except to open the road for public trrvel\at once. I am acting upon the advice of the County At.torriey and expect to open this road to public ,travel at once.: This letter for your information. �, 1 Yours very truly, ' . I; — " - %!, \ / County Commissioner,/ • Weld County, Color do. 1 \• r ; 1 1. ;\ r / z7 %G-8o Mere/a/4g* 9.422442a04: TELEPXOXE 4260 Sept . 14, 1916. - — W. E. Levis, Esq. , Greeley, Colorado, _ a My Dear Mr. Levis: r,�a- I understand that some orders have been given to proceed to forcibly put a road through Mrs. McManus' property. Mr. Field assures me that he has not authorized a right of way through the state land, and would only do so in the event of a right of way being procured by condemnation. Will you kindly advise me what acti on the County commission- ers have taken, if any, and whether anyone has authority from the Commissioners to proceed forcibly. We have had no notice of con- demnation proceedings. I shall appreciate very much an immeidate answer. In the meantime, with best wishes, I remain Yours sincerely, ise3c11- el" (-"e"-z-z-trr, /cny''G.' 9� -79 T. E. ROWE, CHAIRMAN • GEO. A. XODGBON W. C. LEVIS P. O. ADDRESS. GREELEY. COLO. P. O. ADDRESS. GREELEY. COLO. P. O. ADDRESS. GREELEY. COLO. OFFICE OF The Board of County Commissioners • WELD COUNTY. COLORADO J. E.SNOOK,COUNTY CLERK AND CLERK OF BOARD. MEETINGS OF BOARD C. E. NEWTON, DEPUTY AND ACTING CLERK. FIRST MONDAY OF EACH MONTH Greeley, Colo. , September 11th, 1916. Mr. R. R., Babb, Masters, Colorado . Dear Sir : - Hr. Hodgson asked me to write to you relative to constructing the McManis fence. In looking this up I find that the viewers did not recommend any cer- • tain kind of a fence. They did recommend that the amount of ,; 110.00 be allowed -to cover the cost of build- ing the fence. I presume that you will have to take the matter up again with Mr. Hodgson at the first oppor- tunity. He is away at the present time and wilS not return until Wednesday of this week. Yours very truly, Deputy & Acting Clerk. /0476.x7 96 - .7 • . _ _i C Oita.::2 -6-- , . . , tf c,7 �� d -ii - , . e __. - ,--o- i • . , .X.C.�+!.�Gi--c (Lx c- -----e-car.-c_ ____#-_ - , CV-&-4-fr-e-fi_.: --aa-a2:, a-._ '16-7-O41-1 et '- eg5r1 el-i --il-ri-c, Ova .ta=d, .4-o- U/��-- --- 2 �-r .v/2-it, -- fi; - 2/--t-g Qom? # -zi - d *--- . --/r 9P. Az -# . i"--- - 96 - 77 • • Greeley, Colo. , July 12th, 1916. Mr. 0. L. 17aite. Roggen, Colorado . Dear Sir:- Br. Hodgson asked me to send you some copies of notices to be posted along the line of the McManis road. You posted these notices onee before, but Mr. Hodgson thought best to post them again in as much as the road has never been regularly opened, ' also in view of the fact that an -effort was going to be made to have it opened. As you know the road has been regularly declared a public highway and the opening thereof for public travel has only been delayed on account of the protest by Mrs . McMania and the State Land Board. I understand now that the State Land Board will grant right of way provided that the County will fence the road and provide a runway for cattle. 17e have received no official notice to that effect, but I understand from Mr. Hodgson that Mr. Vivian will re- commend that right- of way be grated upon that oondition. - Yours very truly, - Deputy & Acting Clerk. . 'I 'I 7 • 71,,- 7 • • • Greeley, Colo. , June 28th , 1916. • Ton. John 1`. Vivian. Register Stat Board of hand Commissioners, Denver, Colorado . Dear ill you kindl:, advi.e if any further action as been f• taken relative to the granting of right of way for public road rurnosee across section 26, 1'. 4 N. R. 62 '11, ,fold County, Colorado , referred to heretofore as the TTrs. V. I;eT:ganis roa@. • You will remer-".oer thLt 1 went ovir this line of rord with you a short time ago for the purpose of, cscertining certain facts as to the fitness of the route selected by the petitioners. Would appreciate an early reply relative to the above matter so that I may be fully informed before making en appli- cation for a re-hearing. Respectfully, • County Commissioner, Weld County, Colorado . I • • 9G,- '7� 506 T. QUIT-CL,DEED.The Out West Printing and Stationery Co.,Colorad rings,Colo. Tbt5 Zees, Made this 29th day of April in the year of our Lord one thousand nine hundred and sixteen between R. R. Bobb of the County of Weld and State of Colorado, of the first part, and County of Weld o the-Gotlttry-of std State of Colorado, of the second part, Witnesseth, That the said part y of the first part, for and in consideration of the sum of Thirty and No/100 (30. 00) DOLLARS, to the said part y of the first part in hand paid by the said part y of the'second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and Quit-Claimed, and by these presents does remise, release, sell, convey and Quit-Claim unto the said party of the second part, its successors heirs and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described land - situate, lying and being lithe County of - Weld and State of Colorado, to-wit: - g • O' A '.e. a. /P� f /LG / 4rr a c �o jZ .)6.-�s .S a 26 awe. o n "61n, .aze . o.z=efi‘ ,z_6(.6. ‘,-. i -tea c�C a ,Qa ez „r„exAAe-- re. et GYZA0friA7-4471641/"(-C-11:6:1—reee"ja /ooh h'2 2 . 6/1.e..- V.:::. j i I i • i • To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim Iwhatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and 1 behoof of the said part y of the second part, his heirs and assigns, forever. In Witness Whereof, The said part y of the first part has hereunto set his hand and seal the clay and year first above written. Signed,Sealed and Delivered in Presence of 11/ �=er - 1 --6------ J.1 1 .... . . _I, i .__- STATE OF COLORADO, ss. County of Weld 6/. a Justice of the Peace � ' in and for said County /in the State aforesaid, do hereby certify that / [ personally known to me to be the person whose name iS subscribed to the foregoing Deed, appeared before me this day in person, and acknowledged that signed, sealed and delivered the said instrument of writing as • free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal,// this / day of714, A. D. 191 & My Commission expires 191 • • • /a/G z7 96- '74, Road No . 627 COMPARED 230988 xo QUIT-CLAIM DEED. R. R. Bobb TO ^r Weld County STATE O COL ADO, gay//. County of_ I hereby certify that this Deed was filed for Record on the _ -- - ---dayof 2 ' A. D. 1914/ at 70 d o'clockLT1M., in my office a/'^duly recorded in Book__-3/4 - - Pa e __Val-_ - �1`J�7 E nark By-� / ' ��// D..roTY. -. -. FEES, $tort' Go - The Out eat Printing and tat onery Co,Colorado springs, p mge Colo. 1/4 • . THE STATE OF COLORADO • STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING FRED FARRAR, ATTORNEY GENERAL LUCY E.PEABODY PRESIDENT DEPUTY REGISTER JOHN E.FIELD W.H.MCNICHOLS ENGINEER CHIEF CLERK JOHN F.VIVIAN REGISTER DENVER Apr. 26, 1916. To the Party in Charge of the Work on School Land in Sec. 26, Twp 4 N, R 62 W: - Dear Sir: You are hereby notified that the State has not granted a right-of-way across the school section and that no one , either private individuals or the County, has the right to construct a road until a right-of-way has been granted. Therefore , you are hereby notified to stop work on the School Section until permission by this Board is granted. _ __, State Board of Land Commissioners_ _ Engineer /Uj1 7 9 � - 70 • • • THE STATE OF COLORADO . STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING FRED FARRAR. ATTORNEY GENERAL LUCY E.PEABODY PRESIDENT DEPUTY REGISTER JOHN E.FIELD W.H.MCNICHOLS S ENGINEER CHIEF CLERK JOHN F.VIVIAN REGISTER O DENVERApr. 25 , 1916. Stine of Colorado,"__ County of Weld. Fug lid COMM SSIGNE$S OFFICE APR 27 Board of County Commissioners , E.koIn tf;JJ; i 'i: t:;I:' i;Ifl9 Weld County, ;-:, i Ua :J•;r - __ ,_y ( nka - - - Greeley, Colorado . - - -C. E. f4sst«'Prf4, Li.pa* Gentlemen: We have received a letter dated April 23rd from F. Z . McManis , stating that work has been begun on the road through the school section, over which there has been some controversy, concerning which matters are now pending. The present condition of your application is that it has been denied, but the Board was given the right to ask for a rehearing and/bas requested to show wherein the de- cision of the BoardMras wrong„if it was wrong. The application for the road through the school sec- tion having been denied , the County, of course , has no right to go ahead and build a road there. The Board has also been informed that a right-of-way • would be applied for along the westerly side of the school section, and as the report of the engineer indicates that this road would he equally feasible , it is probable , with the present information which the Board has -that -phis second application will be granted. Therefore, under the present circumstances , if the County is causing this work to be done it should desist and stop any work on the road until the matter is settled and until it has received the grant of the right-of-way and has signed the agreements which till be contained in the grant , particularly the agreements concerning the construction of fences , cattle crossings , etc . We are, uncertain whether this work is being done by the County or by some private individual ; ° we are therefore writing to the only person known to us who is • living in the immediate vicinity, to serve notice upon the • workmen to stop work. Some time has elapsed since the last letter from the Board to the County Commissioners , but no answer has been re- ceived to date , no showing has been made of why the rejection ° /aVGlz/ 94, -G 2 • Board of County Commissioners Weld Co.--2 of the right-of-way should be reconsidered or why the application of the Board should be granted for this par- ticular route for the road rather than a route on the westerly side of tle section. This Board is anxious to have this matter settled at as early a date as possible and wishes to urge that the county take up the matter at once so that it may be finally settled. Yours truly JEF:F Engineer. /o4-a 9G- G, g - • o _ • THE STATE OF COLORADO STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING FRED FARRAR. ATTORNEY GENERAL PRESIDENT t1OHN E. FIELD - LUCY E. PEABODY ENGINEER DEPUTY REGISTER JOHN F.VIVIAN W. H. MCNICHOLS REGISTER CHIEF CLERK DENVER April 5 , 1916.• Mc. 0. E. Newton, Clerk, Board County Commissioners, Greeley, Colorado. Dear Sir: I have your letter of April 1st, in which you ask for definite action by this Board on your right-of-way application for the McManus road. Would say that the Board can hardly take definite action in this matter with- . out being advised, as requested in our laet letter. The report as made by the Engineer stands, and action at this time would be based on that report. Your Board was asked to make any comments or suggestions concerning the report. This you have not done except to say that-the report dis- agreed with the reports of th'b viewers and of the Engineer, but you do not say in what regard the reports differ. The Engineer of the Board, in making this examination, was fully aware that the viewers and the County Engineer had • located the road as they thought best served the people and met the conditions of a county road. In this knowledge he made a very careful study of- the conditions with the re- • • suit set forth in his report. I therefore wish you would take up that report item by item and show wherein the errors lie , stating as fully as possible the conditions as believed vy the 'viewers • and the County Engineer to exist. J • The present attitude of the Board is that if an approximately equally feasible route can be obtained by . not cutting through the state land, it should be done. . The Engineer viewed the two routes as being very similar and that there was no absplute necessity of cutting • through the state land in the manner proposed. Further- it appeared to him that the road to the west would much better serve more people , as there appeared to be several families living to the west. Also in looking over the petition for this road it appeared that there were only about three people within two miles of the road or who could be at all interested in its actual use. a C t to Z ,.7 • 0. E. Newton--2 we, however, thought that the Engineer has perhaps heard only one side of the controversy and the Board felt that the other side should be given an oppor- tunity to be heard before making a final decision. As soon as the comments requested herein are received by the Board it will be taken up and a definite decision will be made. Yours truly JEFF Engineer. Etatc et cororaea,1 + • Gour4y et Watch raw El tgri1C;u SiU iiha 1616 AWE r1et Miks&t`iA:C'.SED 12:3ter • i/N�y: E. m'aC,Ott, County Chi .K g. F1W1.'V ion, Deputy r sad a3 etc*.c4 tia b01F • C1G -6 i T 47 4' v • Gre eley, Colo. , April let, 1916. Hon .Stoto Board of Lend Commissioners, . . . Denver; -Colorado. - _ `' _ .- , , , Gentlemen:- ' The Board of County Commissioners of Peld County. . - Colorado . desire at their -meeting, for April, commencing on the 3rd end probably continuing through the entire week, . to take un for final consideration the question of opening up for public travel the road now located on Sec. 26, i2p. 4 8., R. 62 17, referred to as the Pars. . V. -feLlanis reed. Apnlication' hr3 been made to the 'Stet() .Land Board for right - of way through the land above referred to, and aanapplication -fee - of 010.50 paid and receipted for. _ - A copy of the_ report of the examination of the line of road in question, as made by $ngineer John E. Field, has- been received and carefully considered , but the objections ,rr_ised therein are not in accord with the report of -the viewers who investigated the. prorosod road, -nor the County Engineer' who surveyed-the rosd-:-=-- - -= - The viewers; the County rngineer end the Bot;rd of County Commiss- ioners are convinced that _the road as surveyed is the only praoti- cal way to get through. ' As the -Board of County Commissioners desire t;o settle the above mutter at an early date, prompt and definite action on the application for right of way through State lend wall bo fully apr.reci cted .• Yours very truly, ' - . Deputy & Acting 'Clerk. - 1v0� d� . , . , • _ , 7 ". ' . , ,,, , , , __ _ , i . _ . , ' .. . , , .. , . _ . , . • . . . • , ., . , Greeley, Colo. , ,• April..let, 1916. - • Tyr. M. H. Kennedy, attorney, - _ - - • Denver, -Colorado. - Dear Sir:- . This is to advise you that the Board of County Comrissioners: of [7eld County, Colorado , desire during the session of the Board comrencing on the 3rd of this month to take -up for final consideration the mutter of opening for public travel the road referred to heretofore ` as located on "the Mrs. V. MclAanis place. If you desire ' to give this matter further attention the Board would bo glad to have you meet with them. The Board ,will probably, continuo in session. .during the entire week commencing-April - 3rd, 1916, and willset a day to suit your convenience if you will so notify them." Yours very truly, x Deputy w Acting Clerk. I-. - 1 _ iL_ r `/ THE STATE OF COLORADO STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING FRED FARRAR. ATTORNEY GENERAL PRESIDENT JOHN E.-FIELD LUCY E. PEABODY ENGINEER DEPUTY REGISTER JOHN F.VIVIAN W. H. MCNICHOLS REGISTER CHIEF CLERK DENVER March 31, 1916. Mr. M. H. Kennedy, Atty. , Denver , Colorado. Board of County Commissioners , Weld Co . , Greeley, Colorado. Gentlemen:- I am sending you herewith copy of report of the Ennneer of the Board, in reference to a right-of- way which the County has intimated that it will apply, for. You will kindly take. notice of the contents of the report , and if there is anything therein which you desire to criticise or if there are any suggestions you think fit to make , the Board will gladly consider them. Yours truly, G' G xLCGe_ JEF/B Engineer. Cue aE Colorada.l nc. 4C�t-c , Who %OCJ ; 7 LJ,.., tF 7c • • St.af Colorado,}so. ' .. . .County,,o1 Weld. Rho tit .00t'1 ISS1UN[RS . 2r Lois P tibustietrams Etc;av oaItaV.,23 day . . • o. FF'X :O ''. Deputy ' SIC an r] cctir,�3,C{ur,{al e board. • Denver, Colorado , ]larch 29, 1916. • ' lion. State- Board` 'oof Land-Commisa Lenere Denver, Colorado. : • • , Gentlemen:- In accordance with the request ,of lsr. Li. ii. Kennedy, at- torney for firs. ,V. Me?zanis, I visited' and made an examination of the, proposed road through See:. 26,' Twp. 4 N. , H. 62 W.,„ with the; • view of 43cert4inmg whether the said road would damage 'the State .- land. and whether•.there would not be an equally feasible route which 'mould not pass.. directly through the, section. ' Section 26 adjoins other State lands, viz. ,' the tti of the - :'a7" of Sec.- .25 , - and corners with Sec. 3G'•in said..toWnship and -range.: . . . Approximately through the center of See. 26, running 'in ,a northerly direction thereis a stream of water,' fed in large part, 'if not in whole, by the seepage. from:.the ,Bijou ditch- and the lakes adjacent . thereto`. This stream is ;apparently- one of uninterrupted flow and • furnishes Water', for the State lands raentioned for stock purposes. The section' is very sandy and there is no so-called hard ground except that immediately adjacent to, the creek, and even there the soil would be very light and sandy were it not for the fact that it is almost continually wet by thee -near presence of the stream. -- The proposed county road •follots thie stream from the - -- .southern boundary of the section_ ina 'northerly direction for per- haps a quarter of a mile and for the rest of the distance passes northerly and..out of the section near the north quarter corner. No 'plat has been filed with -this office showing this road, . but I say/ some of the statistics. of.,the' road' survey. /a%z7 7G--G A • • • • With the' exception'.of o short section.'ne ar the creek, the , • • road, to be made passable, will have to be Surfaced with hard dirt, as the land hero is fully as-light-and-sandy as, tiny in the vicinity. , If. this , is. to be a county road, it drill neces arily_ have to be fenced on both sides and rather" expenoive underground crossings will have', to be made , ne as to afford pasoage-vayrs for cattle: from one' por- - .tion of the State land' to 'enother. . Aside from this expense of fencing • and .crossings,_ it,,,.is• not desirable to- cut the State- land in two if it - can be avoided and an .a_pproxinz te'y; oqually, feasible route found for the " county. road. I drove -along; the eastcrri,,boundary of Sec. 26 and also • alone .the _eastern boundary of, gee. `335. 'if a•road was put in ,along these linos, it would, in: my opinion• , be no more •expensive of construction and • e:aintenance than through the center .:of-'the section, and it would reach' . parties living to the south over -a ohorter distance between their places and the• Lincoln Highway than the proposed route. - There•Mould not be as many collet of road to buildu but, on the other hand; one bridge would have t;, be constructed. - There i.s 'a bridge across the Bijou ditch on • the proposed rondo -but it will need some expense to nut it in shape. . It is my;opsnion, -therefore, that. the, Board of County Commis= stoners be requested to lay the ,road out along the nestern•baundary of • Soc. 26. If they desire to pass through the center of Sec. 23, in a northerly and uoutherly direction; there ie, I un'derstand', a road- .all " laili'out (though ,ripe `yet opened.-us) along the northern boundary 'of 2cc. 26. .They could pans from the northwest corner, of •Sec. 26 to the north ' quarter corner of Sec. 26 over this unopened road and then turn north, '. Copies of this report .are attached for the approval of the Board and:'transmission tp, the board- of County Cornraibsionerc ofT 4feld • ' County and to .Mr.. Kennedy, and _I suggest that the parties intercasted•be . requested to , make .any statements concerning the ,proposed .change of route • • that they see fit. • Respectfully Submitted `��`�reA, �ao��z7 avncr. Greeley, Colo. , February 11th, 1916. • L r. 1% H. .?'.oflnedy, Denver, polo rado. Dear 1r: This is to advice you that the Board of Count;; Cornr-issionere of Weld )Urty, Colorado , will take no furth,-r Lotion towH rds opening for travel the road designated as the L. aite" road across lire. Viola Mci,!ania place, until sometime during the session of the Board comrcencing on the 6th of I .rch, 1916. Yours very truly, - OX3D ,^ COU.'"T.'1 001-1111317107S:•;., ie1d County, ''olorado, By Deputy r Acting "1erk. • /9/.4..2.7 General Counsel for News and Times. ,uirlr� 44-44Xs/ir,e,W), C5 (/ O TELEPHONE 6260 \M 1 February 8, 1916. County Commissioners of :field County, Greeley, Colorado. Gentlemen: Some time over a week ago I had a conversation over the phone with one of your members, Mr. W. F. Levis, concerning the matter of the Waite road which , it is proposed, will run across the land of Mrs. McManus. Mr. Levis assured me that nothing would be done in that matter until after Mr. Field, of the State Engineer' s office, and myself, attorney for Mrs. McManus, should have an opportunity of visiting and place an d looking it over. Mr. Levis further assured me that he would take the matter up with Mr. Hodgson, who has charge of that district, and that your Board would send me a letter to the effect that matters would be held in abeyance. I have not as yet received the letter which was pro- mised, and I am now informed that one Waite, for whom this road is being created, is using all manner of means to oppress Mrs. McManus and is not disposed to wait for the orderly and proper procedure in that behalf. Mrs. McManus has advised me that Waite has proceeded to cut her fences down; that he, himself, has gone ahead and is trying to open this road. Serious charges are being made that there has been a well defined conspiracy launched against this woman, and I wish you to know that it has had a very decided effect upon her health. County Commissioners of Weld County 2. I tried in my communication to make it plain to Mr. Levis that I desired to have this matter settled in an amicable way; that I had prepared injunction proceedings, but was assured by Mr. Levis that nothing would be done until the spring, at the earliest. Greeley is my old home town, and I do not wish to have any quarrel with you gentlemen, but I must insist that the op- pressive tactics of Waite or any one else shall be stopped at once, as I propose to protect Mrs. McManus' interest to the finish, as she certainly is entitled to be allowed to enjoy her property in peace until such time as the road shall be opened according to law, after observing the proper procedure in that behalf. Will you kindly therefore advise me if it is the desire of the Board to cooperate with Mr. Field and myself in this matter and give to me that assurance in writing which Mr. Levis promised me in pursuance of our conversation last week. Yours truly, COuvilly CAI ' .4 • tog 8-1.1 l' lip a __ ✓//Cco�,/ v�iglse��p/Gowizechi 7.52 O TELEPnONE<zso January 24, 1916 . Mr . J . E. Snook, County Clerk of geld County, Greeley, Colorado . Dear Sir: Please advise me as to the cost of a copy of the objections filed by Mrs . Viola ,IcManis to the C. L. Waite road in township 3, range o2, which objections Mrs . MoManis filed with the County Commissioners on or about the first of December, 1915 . Also, please advise me if you received Voucher No . 2853 for 4132.50 which I mailed you on January 13th, 1916 d vvt 9 w C �1� ti C pct - ctie cy� o �, ct rti We C A pronpt reply will be very much appreciated. .<l Yours truly, ct„t vYw 96-s% • OUP r � /rim ZvC7 /�,�r/yZ`n�!G /2eu�ev-stnerawaceer z.J2(7!L//LILC�LP'✓✓iGil//i _91-frmUOY a, // /J TELEPHONE 4260 January 24, 1916 . Mr . T . E. Rowe, Chairman, County Commissioners of Weld Co . , Greeley, Colorado . Dear Sir: ii-11 you wkindly send me a copy of the objections-filed by Mrs . Viola C. I4cL1anis of Masters , Colorado, to the creation of the road called the C . L . Waite road, in township 3, range 62, or more spe0ifically, the Waite road which is designed to go through the premises of Mrs . Viola McManis . iirs . McManis desires me to notify you further that she does not propose to submit to the 'road being placed or carried through her property; that pro— tests and objections were filed before the County Commissioners on or about the first of December, 1915, and I desire to say to ypu 'in her behalf at, this time that if proceedings are attempted to be carried out , that she will enjoin the County Commissioners from proceeding in the matter . Kindly advise me if I may have- a copy of the objections filed by her . • Yours very trul eCl9y,./ � � .S r. . • Greeley, Colo. , • January 28th, 1916. Lr. IL H. Kennedy, I:.juitable suilding, . Denver, Colorado. Dear Sir:- 'I am enclosing herewith copies of Objections to Petition filed by hire. V. 1.1citianis , :against the 0 . I;. Waite et al road, established through section thirty-five (35) , "township four (4) , • range sixty-two ( 62 ) , Weld. Qounty, Colorado.• Tho fee for copies above reforred :tois $1.75 plus ten cent revenue stamp, melting total charge of $1.85. I urn sending these copies without advising amount of fee beforehand in 'order to save , further delay and corresnondonce. _ Yours very-truly, • • Deputy ay Acting Clerk. V - • /(•"P 9e,. • •C ."L. WAIT : ROAD Received of Li. H. Kennedy one dollar and eighty-five - - : - ' cents (0'1.85 ) in prymcnt of certifiedconies of objections :- to- petition filnd by Mrs.--17:' M'cLlanis against the C. L. 1;aite —' road, established through section thirty-five (35) , township four (4) , Range sixty-two ( 62) , i:eld County, Colorado. . Deputy County Clerk. Dated: . • Greeley, - April 11th, 1916., - - /prre.2y , r- may TELEPHONE 1Q.0 January 13, 1916. :.I'. J . E. Snook, County Clerk, Weld County , Greeley, Color :'o. near ir: 7nclosed please find Warrant T?o. 2853 for $132.50 which was issued by you on January 3, 1915, for so-called right of way over the premises of Mrs . Viola Mc:•Canis . I beg to advise you that Mrs . McYanis has not consented to the right of way, nor has she given her consent in :any res- pect in the matter of procedure which the County Commissioners are following in an effort to secure right of way. The methods employed by them are wholly unlawful and we be you to note upon your records that this warrant is refused by her. Yours truly, ';1 / fi Hag DIM .i�1 P •? y�e ' JOHN F. VIVIAN, Register • LUCY E. PEABODY, Deputy Register ^S No 16?Q4 t . STATE OF COLORADO STATE BOARD OF LAND COMMISSIONERS / 6 enver, Colorado,_.—..- '....— 19 Rec9ived of. —`� - _........f!:::-1.__--4=-"_." c.-is_ ,_. . Kind o Remittance L-4/„._&.‘1--(•_,, '.-(c.- i ./firrc?.,2i_,,--- 2`^%�_f_^':.- _ 'Tr-.:. •” .-S.o_n._.. C. of P.No._._.. _.._.... Book. Principal ..._...... — — ......._........_.... $ — Interest_. __--...._ Delinquent Interest—. ...__..._._._...— .___. $ --._.... Lease No.—._._...—.. Book—..._. - Rental..__....__...._... $_ Delinquent Interest_ 1--•1-',_n ^_�_:.`.=_,.1- ---L4 1:I)_' $ —_ Royalty_.... ..... - lw..'t,'c f y n$ --}S r .-_.._.... r .,rt. „, ;IVrltdlv�>111.51i1.Uc, t,:.,i o —Fund ._...._........_...-__ {.e '' �..., \ J Sale s - --B1. 191.3 Initial Payment _ Lease • pr .• `., r:C C` J3 Ca$.- `•. -------- Fees: h. ; C.( ' h__t,". Bond r. - Lease $. Certificate of Purchase—..__._.._..._....— $__......_....—___._.......... Patent • Assignment� ___..._._..................._...._. $ Filing And�Adv�er/rising (Lease) $_ • . .✓.) Filing-r Appt3isement (Sale).C1 -7 $. L.�V Advertising (Sale) — — ... — — $ — _._... - —..._ cn .... .. .._� rr Deputy Register. 96-.5-ca ;'.AF 'oF ,C;, -• cd 8rd -STATE I`OA'RD OFIL II-COMMISSIONERS id _ CAPITOL BUll ING g+4 D ,Ii t^i191 G -7.--- pa Q( °'� 4) Mate of Coloredo,)ss. U o : of Wel,Y.ou a m� atio lea ,a the rtain described land, together m �. ��'�yh`y$utd�r((�?�}11�u�� re eroe An ificial Receipt will be sent you when 04��,ollr applicat�yiop,.s�acc Pted and filed. You will be notified in due time ' of what ac�,ioh is take43 F-I n. thetd�' a ss Mta le the Goa,,t;LICA.s Otiico s i StvQOK, Count) C iixs very truly, }7oh'�'d�'8�1�/1r�q-1 o o J, E. 11EVTrot ' Depu®bo91CO`roL\"LY T. Hoccar, Register C. enrl ,aotln9 °lark nt State Board of Land Commissioners 9G -s/ Greeley. Colo. . January 22nd. 1916. State Board of Land Commissioners, 3onv3r, Jolorado . Gentlerien:- I am enclosing herewith application for right . of way for _'ub:Lic Road purposes, also application fe3 of 310. 50 to cover. - Yours very truly, ti)UI°^Y caOllr:?3SIOIit 3. • 7e1d Cow ty , Colorado 3J Deputy Acting Clerk. • • NW3 BE« Section 26 Township 4 Range 62) s EI 26 4 2) S3I NIVI 26 4 62) 7.9 acres re 84 26 4 62) X! S4 26 4 62)S} SW 26 4 62) SW' S- 26 4 62) N2 ■M- 35 4 32) SW N} 35 4 s) S p} 35 4 62) 4 _m. f• 2 35 62) S S 4 62) p« : 4 IT7A 2 3 62) IIE% _ 2 3 62) SW § 2 3 62) 6. 2 acres ..44,4- ; 3 :2) rw12 2 3 62) SV E' 2 : m) / ' • COPY 0 NOTICE OF THE OPENING of PUBLIC ROAD Notice Is Hereby Given that the County Commissioners- Of the County-of- - - Weld will in sixty days from 19- • direct the proper officer to.open and work, as a public highway, the road prayed for in a petition filed at the office of said Commissioners on the P,t day of crecuc{)q A. D., 19,5 , said road being described as follows, to-wit: Beginning at eox:°7« Ct •„_ 41m uPtr 0'i ; u ..rnn;i;a()fr; Itfltov 0j O()t ti10f 2e lf,,,:G:) :1o;. 3.' tito .ar h17ont q u£i.r&r oa' 1::;C? :outiliwct i. quart-ex *XXI TAP.) UJI-tn'[r'nUt 4ttrnrt+0X nf ueotiOn q ..`'..wnait" p .51 _..- r.`.ty() ():`,•, taflu..U.c through Lieu.—aon o grad ≥b, `. oblI ha S:s •• .,Y7S"n o% Cec ton Li b°c C t, r'3 :;017-thotwt Corner of toil', kiorMmtrfu •.J11'irtor anti. 1:31 '',` t3{DrtnV'iotr oornoT of the D'ortn- °olio ytzuTtor Q3.' coot;rm ,2(3, is'vii:t1I3h p lqints1 C:;, as E 30761 by county Gurreyors rapor", and plat of rntrIioy 4mt mad l z:a c.);5: rand. • And the said Commissioners do hereby declare the said line to be a public highway from and after said sixty days. Dated this d a� • 2 day of lrssEk+Ox , A. D., 19.6e By Order of the Board, Clerk of Board • By Deputy Iv�G,?7 90, -6/7 • C. L. Waite Road di OFFICE OF BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO. COPY f\.ccCcv6,___Ileoember___llth r-_. .b. Er. C. L. Waite. Roggen, Colorado. .. Vow.. bv.c.L6td. !kiva three 4 ``v.„ "V\U�� tl 4 V^?c1 Cc M1- .v j 4 \vvULc �vad wL4 s.r wctt i„, Q.4c vat * at ee'D1A- bywCA Da5 \1ULWtb Q109 \-)(c LAc 4 i,¢1aa vnew,c, • Nvoa wiAL ywcaac atte n,d, to kdi1.L4 at ov eeiv \ictivo J. Q0$; Clerk of Board, By _Deputy. . . . . . . . . .. - `. . . it- ___ ,, . . . , . . _ .. . . . . _ ,. . . trill Greeley, Colo. , - December 11th, 1915 . - Mrs. Viola _McMannis, .. , - , - - :: : __ - -. . . Masters, Colorado . _ . Deaf Madam:- - . - -' Enclosed herewith find copy of Notice of' Opening of Public road extending through your land. The viewers appointed by the .Bocrd of County Commissioners of Weld - County, Colorado, to view this road have recommended that • - damages be' awarded to you for four and one-half (4&) acres - of land .taken for road purposes in. the North half (N ;) of section '35, Township 4, Range 62, - Weld County, Colorado. _ the sum of 022.50, and in addition to 'this amount the- -viewerst:have-recommended. that you-be -allowod- y110:00_to - cover expense of fencing your land along the lino of the road es granted. ' Yours very truly, ' Deputy &i Acting Clerk. - /olLa7 to.-s%- a 410. ROAD-VIEWERS REPORT.---The Out West Printing and Stationery Colorado Springs, Colo. ROAD-VIEWEI-KS' RFJPORT. To the Honorable Board of County Commissioners of _ '30-4 - _ County, Colorado: GENTLEMEN: Your Viewers appointed on the 3rd_.. _--_. _-----day of -.-November___-._-__-._. 191.,5__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 as, viz: Commencing at ---- ----The center line • running lest and. 'Jest, through section 35, T. 3 N. F. 62 i1. , thence North to the North line of said section thirty-five ( 35) , following where the present public travelled road now goes through the Homestead filing of Lars . V. Motiannis , and follow the course of said present travelled a road. which has been so travelled for over thirty years, and now has located on it a County bridge over the empire ditch located on said land . This Country is very rough and sandy in character, making it impossible to open roads on section lines and make them fit to travel without a great • outlay of public funds belonging to the County. This road is the only available road between Roggen and neighboring vicinity and the 'ltte Fiver road and settlements, and from the character of the surrounding country the only place where a road could be located and • maintained without a great outlay of money. it has been travelled for over thirty years as a public road, and is so now travelled. Respectfully submit the following report, to-wit: After receiving our authority to act, we met at the starting point of said proposed road, on the ..._15th-.. __ day of -_—_November__- __. 191.5 - at the hour of__-._ZQ _ o'clock.4! ✓Yl., 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 ran Ls above described III •tax - - the tam, a mob. .,.,.,.E eaacri -road Arse 5e laid eat 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: we further recommend that this road be continued across section 26 as shown on the attached blue print. Also we recommend that the road also be continued across section 2 as shown on the attached blue print. This will so arrange the road that it will connect with the Lincoln high way on the north and with the road going to Roggen on the south. All of which is necessary in order to make the above described petitioned road available to the public. We have examined section lines adjacent to the line of road herein recommended and find that the only practical route for a road in that immediate vicinity is as surveyed and reported by the County Engineer, a plat of which is hereto attached. g r S /T W CO/ �w.V _ i.' I �— — t �, I , C � , ` ` . j , 111 I :r d d a _ t • 3 w , ti t 3' I AP--t i 3 1 j1 � :,•-•;,.."-'• II II f i n I N .r i>N «. 5 ."t A { 4X Ste. 111 ,t• II N, is �i Gone P r , . Y • F GSS '3`• . ':.1 ` a' V,., 3 ar t _ II >a:' h I 53 go 2.4.--- 34 \ v�.iJ 6 7 9 /8� t" 1�� I te " / a I � T— _ _.. $2G t s i r go ', S _ i • • � , Y C4 � A�"_: s 8 it`/ / { , �; �4r :,' 1 �a I l' 14 `rem — --- —044 V / , as / G. 34 i i S/y "se'' Si t w 1i.21^J' p� ler kY a55?L' . / S /S` 2S' Yy Y, $v !I,., li i /to Y-2/ c7" ;4; 1. .- c e/ frf 4 t. I 0 I Or O / / (d '5 /s`-C7'fl' 1 � -- 23 .. �i. (( o 0 ) I 11 I-4o rill I , .'' I y T /�Y/I F r ( 14 I I, 4 i- 75- , , 3,°ay ' ��, I I t 5 .9 ` •-\\ � 1 -4 t Il .:. 14 1 _ i .4 0' - ,4 - /€ ,.y l,k I i it / ' TI I // 1 g .. Oh 1 k S. / yy i p I 1 f 2.5 /I l iiiii"! 'll my i'liIF� I 9s 1/30 542• II /, o`X-9Ga _ _ _ - __- _._ -_ — , k, -- —c --- — .. -- -- --- — — -- y I I` /` - I .. 11101 ILIIIIIIMIlmutenimrsk. • • - . . ir. . • 36 31 32 33 34 35 36 31 1 0 Fi 4 3 2 1 6 1 12 i 7 + 8 , . 9 , 10 11 12 7 — b I T. 1 13 18 17 10 15 14 13 18 R. Township 3 North 24 19 20 Rang9162 t'lest29f the 6 P. M. 24 1.9 25 30 29 28 ,)7 26 `25 30 30 31 32 33 34 35 36 31 1 6 5 4 3 2 1 6 We have taken into account all the damages and benefits to land owners arising from the laying out of said road and report, in, tubular form, as follows: DESCRIPTION OF LAND Damages or Vn e' tesidue Value of Damages t of NAME OF LAND OWNER No. of Land (Vaud end' the rxcw4sof Part or width of strip taken Subdivision Soc. T'p. Range acres Teken other Benefits Benefits taken property VIOLA MCMANUS 60 ' Ni 35 4 62 44 #22. 50 Atrovnt allowed for fencing the above 1I0.00 TOTAL, $ 132.50_ • STATE OP COLORADO 60 ' 26 4 62 7.9 ' 60 ' S i 35 4 62 4. 60t 2 3 62 6.2 4 All ac shown on the attached blue print . 0 • • . . . i ON w We have taken the following' Government Lands, viz: Ws have taken the following Railroad Grant Lands, viz,: We have marked oat the line of said road as located by as by taming a farrow on each..side of said, proposed road. 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D41 . 0. v . [-y\ f ..7 M r 1(l. 11.3 C.- lay. ,• "....i , i I: ',.. ` 4 a Watt Q 1 \ 170 . W a dr. 0.o ! -i4F • S. a �. - u.,.. n.,yy,... �z«4=g4a5rb":W7�d+_� .:0u°.b^+pea_NWi/rEk-umf�•R`Nesk�a+Fz.a-.�s_ n.... -. A 1 4 y M •1 tI }a i i Ilti 6 aZ6. ilutj ( • hib. • r . I (L O O 4a! •a ti t _3 .. v 4 KY y'V ':1 1. �J 4. ° GV tiff)to D- N r'�.s d p 4' IY` ' 7 ,. I+y'+ "'Y.' {h�' `^` 'fi' 1,3 '#! �'04 m w. ? PZ ° m. d w t, %" 'R 'C P. a It . N1,c,. y4'': 1. 43 • V m a '04, -S !' w s. 'q '4$ +a it ,S b+, y ft I °o td `A • o `' mp, '4g re *' `L*,v A ip. .� v. 1• '�r-� °1rd irt 44 OBI 8 E 1r w t 7 •w '�' j�y4 "� ts 0. o >. I t3 a . h � � y Iii� 4S i ({ a /� m o r ~ .. b , .p, It pi� L e • ,� `� v �' °' C. /V{ 1) tria .41 a a4 ,C> V----' i, •S VI itil . . doh • • • • STATE OF COLORADO, ) County of-Weld. ) IN THE MATTER OF THE PETITION ) FOR THE LAYING OUT OF A PRO- ) . POSED PUBLIC HIGHWAY THOUGH ' -) OBJECTIONS TO PETITION. • SECTION 35,Township 4 North, ) - Range 62 West, in Weld County, ) Colorado. - ) • To the Honorable Board of County' 'Commissioners of Weld County, . Colorado : Comes now Mrs . V. McManis, and herewith files her ob- ' jections to the petition heretofore filed for the opening of a public highway through Section Thirty-fitve ( 35) , ,Township Four (4) North, Range Sixty-two ( 62)-West, as" more. fully set forth - in the petition on file herein.' And •as aground for said ob- jections, alleges: I. That said petition does not contain a legal, definite lwry e ate description of be alal&the roadway proposed to i outs doe not legally set forth the points .where the proposed roadway is to commence and is to terminate, ,nor its ± general course nor direction, nor that the same forms any •part or connection with • any other• legally established roadway at its said points of commencement and termination. II. That said petition does not setforth that said pro- . posed roadway is on any legal subdivision or section lines, and that in fact said proposed• roadway is not located on any such section lines. • -1- /U �i,Z /ire-_3y • a' ® H• ® a • III. That, said petition does not contain the names of ten legal freeholders of said county residing within two miles of the proposed road sought to be laid out as described in said • .petition. • IV. County That the road viewers appointed by the Board of/Com- missioners to view said proposed roadway did. not meet and view and did not lay out and mark the same according to law, and they did not lawfully assess the benefits and damages accruing to per- • sons affected by said roadway. . • V. . That. no proper legal report of said road viewers of said proposed roadway has been filed herein containing a full- ' statement of their proceedings, a proper legal description of the land over which said roadway extends`;' a proper or lawful estimate of the cost bf opening same for travel, nor a proper or lawful estimate of the damages or benefits accruing to per- sons affected by the establishment of said proposed roadway. VI. That no lawful or 'proper plat or survey of said roadway was annmxed to said report in. the' manner and form as by law pro- vided. • • WHEREFORE, your petitioner objects to the establishment : Of :Said roadway as prayed in said. petition, and herewith mktuaka prays that the s aid petition be rejected. , SUBSCRIBED AND SWORN to before me this 10th day of December, • A. D. 1915. o%z i My c ommi s s i n i ro-a'� r 96 • _/ NOTARY PUBLIC. IN THE MATTER OF THE PETITION FOR THE LAYING OUT of A PROPOSED PUBLIC HIGHWAY THROUGH Section 35, Township 4 North, Range 62 ;Jest, in Weld. County, Colorado. Objections to Petition. (i.Irs. V. i,icTaini s.1 Stotts ata;a .atf4,.A tul kS «t W .I. 9 NA q, #f,lnifI RS4 Teter 4. t.. . . le- -_ 410 . - STATE OF COLORADO, ) • ) .ss: COUNTY OF WELD. ) • IN THE MATTER OF THE PETITION ) • FORTHE' LAYING OUT OF A PRO- ) BUSED PUBLIC HIGHWAY THROUGH ) , OBJECTIONS TO PETITION. Section 35, Township 4-North, ) • Range 62 West, in Weld County, ) _ • _ • Colorado. • • To the Honorable Board 'ofCounty Commissioners, of Weld County, Colorado: Comes now Mrs : V. McManis, and files herewith to your Honorable Board objections of F. Z. McManis, of 7. 0. Williams , and M. E. Crego, persons who are seriously affected by the proposed roadway,. and who object to the establishment of the' roadway along the line described in the petition of Charles L. _,.'' aite,; .et al, for the establish-- ment of a roadway through Section Thirty-five ( 35) , Town- ' ship Four (4) North, Range Sixty-two ( 62) West, Weld County, Colorado, and desire the establishment •of a regular road- way upon the section line .between Sections Thirty-four ( 34) and Thirty five ( 35) in said Township Four ( 4)Vorth, Range • - Sixty-two ( 62) West , in Weld County, Colorado; the objec- tions of said parties being hereto attached in the form of letters. A fir /{ G rig ,rz-Crzii(/h/ /6' , • 2r,rn 0-6 kikiL ALtrifia it A PAL. 'p "G °� , . \M .o & itic Lprer.s4 ¢ tom` ` cam'\ . WIs , y*, , C itzz . d . � \3httroLls. tv\rda, -- _cAtA ONN CLICIC.kr-- - -c 14 a s osi -i%Liki‘Jic_AL al a_ _cra:c.L,,, sev,itscK a eirucx;i% �� . ILL a , t . ynit. H: -� _ ec ktni/k, - -- - - - l _ - -- 0 tit cjv a L ci- 17 tLic It _ \-,1) ir-e-14-1-t - 3y \ tt p Jc�--L �c�_ 0-v•-c\ 11-nr > �\ d1�0 tLt . - - _ • te Q u-- F-Arvv‘ °At-et-1A\ jr List .thal_NviwAr 1—swe- k _\ _ _ _ Li • 1 - IL_erk mo-tt_ yt:s SU-e aaL2 Llir-tb) tc. • at Ler cri Ara ,zoa.otcy„,,yC-t'tf,t,ee �,d G..� -tee cam. c ? an A4/fac -4 4(0, 49t-C_) CPI4,01 1124 - ono / . /'iO'':agi* , 44/La a...4( 4254.0_4, � ,n � 96 �� wit" .417k71- ce_ z6 •__ pz.eiter � - can_ -e Q6. , sz,Q,o7 7:S6 /2 A t4 2/CA,0,41 A add ArIFA ti/ I aw AMA yr ' 1 /u-Se kfrin- , 4v-on4( a-444 • it_ert_,S5 iet 9a...c. jk 34, °(/ 4 at, otz _ grugi4 _acc, „//* cp,42,,m7a., 3/4 ydac_, /_zyi c_c F6 -So •7/404-2?--/-c=e17____ O/4_44 0/7 et � 7 iZIA eiLeett- (Pr- CC. . astaf(e)e.,5 _c_te teee.--t-72r war• M J7 ate_ - ��v8- Lo L -4L--a--e- COLT C r �6- _,4 �-�!y � z�CL_o-r , r • 7c/2:ac,c-r- A9,canc_ 127(Pn Lte- }6 y Z- 2, IN THr. MATTER OP THE PETITION ..,.. _C FOR THE LAYING OU2 OF .. PRO- POSED PUBLIC HIGHWAY THROUGH Section 35, Township 4 North, Range 62 West, in Veld County, Colorado. • OBJECTIONS TO PETITION. • F. Z. MoManis , ,V. 0. ';rilliams and M. E. Crego. . •*r 5;iid+s: l.t11413:4::..,f -4.4! • 1* oft 1. .L;:..... e IN ilk 0. jf tiMS �.t.e!li- '.;I�.k cif ors r Vie. THE STATE OF COLORADO STATE BOARD OF LAND COMMISSIONERS CAPITOL BUILDING FRED FARRAR, ATTORNEY LUCY E. PEABODY JOHN E. FIELD 'MOISTER E NOIN[RR WHH?MCNICHOLB JOHN P. VIVIAN "P CLERK R EOI.TER DENVER Dec. 9, 1915♦ To the Boards of County Commissioners of the State of Colorado. Gentlemen:- This office is constantly in receipt of complaints from its lessees of the action of the Boards of County Commission- ers in constructing roads over State lands, thereby interfering with the State' s lessees , often causing them both damage and in- convenience. For your information and so that you may proceed in ac- cordance with the law and regulations of this office, you are in- formed that neither the Board of County Commissioners nor any one else has any right whatever to construct, reconstruct, improve or keep open any road across State lands. It does not matter wheth- er these roads have been in use for a long period of years. No right for road across State land is obtained by the use of the same or by the fact that people have been in the habit of travel- ing over such road. Your7nethod of procedure should be: 'first, have a sur- very of the proposed road made; second, secure from this office a blank application for a right-of-way; third, fill out the blank, transmit same to this office, together with a copy of the field notes of the surveyor, and ask that a right-of-way be granted to the County. This Board will then take up the matter , after the proposed road is examined ( if that is necessary) , and will grant you a right-of-way upon such terms as seem equitable and right. It is the desire of this Board to aid in every way in the construction and building of roads throughout the State, and I can assure you that your application will be promptly acted upon if the instructions herein are strictly complied with. The utmost care should be taken in making the survey and in transmitting an adequate, complete and accurate set of field notes. I would say further that whenever appealed to by our lessees we have instructed them to not permit the entrance of the construction gang onto the State land until a right-of-way has been secured, and it will save both the county and the State much annoyance and some expense if a right-of-way is obtained prior to the attempted construction. /co/A2 7 9. B of CC -2- If you are at present engaged in the construction of roads across State lands without having secured a right-of-way, you should do so at once. I would state further that , generally speaking, when a right-of-way is granted a county, the State requires that if necessary the roads be fenced, that crossings be placed which will enable the cattle in the pastures to go from one part of the pastures to another and to the watering places. If you are uncertain at any time whether the land on whichthe road is to be built is State land or not , a letter of inquiry written to this office will be promptly answered, giving you the necessary information. Again assuring you that the object of this Board is to facilitate your work and to eliminate friction, we are Yours very truly, Ch €7./z JEF/B Engineer. //'/G2.7 9/, - • 40• ST'tE HIGHWAY COMMIS5lON STATE OF COLORADO ADVISORY BOARD J. M. Kf1YKENDALL.ISTR CHAIRMAN DISTRICT NO. I. DENVER .4'"Ny7 �{; T. J. EHRHART LEONARD E. CURTIS .; •T DISTRICT NO.2.COLORADO SPRINGS t �Ma' / 9 SA.1$� yg 3 COMMISSIONER CHAS. R MCLAIN O } ` A} r 4 1 i !y (STRICT NO.J.CANON CITY i In n it T` �"a F J. E. MALONEY CHAS. E.HERR ��ilfy��'`yeW 'r A��` 4IMIj SECRETARY-ENGINEER DISTRICT NO.q.DURANGO .-^✓ t. L. BOYD WALBRIDGE qq t DISTRICT NO.D.MEEKER Denver, Colo. , November 19, 1915. • Mr. George A. Hodgson, County Commissioner, Platteville, Colo. Dear Sir: I am enclosing herewith a letter which we have received from a resident of your county, relative to a road thrg her property. As this is not a State road, but undoubtedly a county road, we thot that the matter by should be dealt with/you. We have told Mrs. McManis that we have referred the letter to you, and that you would give it consideration, and let her know results. 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C. i' {1 `Tit( " �' t' J r '� ,l ° "- .- �•" Jt�. rF,.:.0�r ✓:4 *r' !"77 ,/ r,�t r I t .(�' , f ' 1 Ir • • _ Greoley, Colo. , November 3rd, 1915. tir. C . L. Waite, Roggen, Colorado . Dear Sir: - ° I an enclosing herewith two notices of appointment of road viewers for the road petitioned for as shwon in the petition filed_ in this office today. On account of important business that must bo attended to at once the liot2rd hive changed the •date of viewing this road from the 13th to the 15th of this month. . Tho above for your information. Yours very truly, • Deputy & meting Clerk. • 94- 8 COPY • Notice of the . A . pointment of Road Viewers ---- - Notice- is-hereby-given- than in- pursuance-of -a- petition hereto- --- fore presented to the Board of County Commissioners of Weld County,the said Commissioners have appointed three Road Viewers to meet at point named below, at o'clock M., on the 15th day of ,O , A. D., 19 , and proceed thence to view the line prayer `for in said petition,'as follows, to-wit: Commencing at Thn center lino running r,ut c,nu not through c—ot n� Y `v n.• H av:'_ 71.10 �' '�"�° `.� .'4yt3} o'°' t55;-:'••�� t;.`?. n- ea!, -•,� ..a rr� a_. -1a•ictia,n. thuncc North to tho llorth lit el n uid rootlet] 350 following --who-u the osgouui, Quulio L w:-=ve a rutaal. uJL gods Uhr uzjh but, iiotoui cud filing of :ro. V. tRc='cnui3 and fallow tiro c:our.GO of bald pr'oonnt tr'uvciod _- _ _ - -3-ai1 which-h:_s boom oo ruvelt1:7. for vcr thirty ar a .4 ..0. C, ;�Q. L ...3t1 1C':7 3:G::; locate,: -- !'.n 1*. n i'ru�..3•,' 7} ♦ .s• •x1e.w 1.'4n •4 t ,r+• i�47.t�;D O t�.,,—�-. r:r7≥y? d-I ,.t��otS :,c?FP on (nil 3 L''i:'.e bie country i!d very rough a'Cd L3cnay 1n oharcuter, rnsi•:ug it ici;eca- ruiu utr uµob _otil13 ui' uue..1uLd .clatw Lau L7ui4 u . F_ .%4. u i,a a 1w grout entity of public Xnnda bolott;inct to the ,:ounty. r'iris rracci la the only available road botween T:og con and neighboring v4n.j nit ' r. '`,.5 thr ''anti' F.Jvor rod' ntg ot `'inri.,v3an,, `,>,;7 .ry.Yi„„ A.).^ ^t?° ".,•..i•.nl. of tin cu,:rounainc country tho only place where as road corded ho looateA and Lm,4±nfra`t:.mfl1_i ithout Li a31d2:. ui money, huu bps% u--1.v”loi" r ' rt .:.Ut` ever thirty y_nrc ao a public road Ind in as now tr:lvcllod. veto) tj i nglat©ly acctui.rov. o richt of way through t a lr :r1 of v' SJ F m'3 -2 :n1c nion1--to rt'tt+it rr:iwrt Lrc7DZ ..A .'O- i fftc'r ; 41r..Fnn to tom: Lincoln }ii,hwaay from all other proi-R3rty hoidor3 along raid roe.3. ��, and to attend to such other duties as are_ required of them as view- ers of said proposed-road, at which time and place all whom it may concern may, if they see fit, appear. Dated this day of i.a� xorak�x , A. D. 19Q By Order of the Board. . 6 County Clerk. By /a% Deputy. i� C. L. Waite Road OFFICE OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO • November 3rd, 1915. Greeley, 191 To___Mrt_Cs_5a._WD.ite, Esq., Roggen, Colorado . Dear Sir: Enclosed find____two.. 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 Navemher 1915_, session. You will please attend to this at once. Very respectfully, J. E._ NQOIL Clerk of,Board. Viewers: Deputy. T. R. Rowe W. C. Levis L. L. Stimson 1 99`1{a•;;; r]aiC. 5/S;i� ;?ILL return this to County Cle?'7: 17ti:L8C1:1wig ry - .ter (iostiug notices, /6:11.,?-7 ;1C-yeby 2ert L'y that said notices ..se duly _ .ci Love instructions on^-n�?'✓''-_—� O ==•. / 9 / s" O . Ti . Cn-. LL • C. L. Waite Road OFFICE OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO COPY november 3rd, 1915. CGreeleg, 191__ To__ Waite.__ Esq., Roggen, Colorado. - 'Dear Sir: Enclosed find____two_ 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 do order of the Board of County Commissioners of Weld County made at 'their Eo-vembar 1915-, session. You will please attend to this at once. Very respectfully, J. E._ SNOOK, Clerk of `hoard. By - - Vi ewers: Deputy. T. B. Rowe W. C. Levis L. L. Stimson /(26-76-7-2 307 ROAD PETITION—...a....a.a.......ao. ROAD PETITION. To the Honorable Board of County Commissioners of -7 eld County, Colo. GENTLEMEN:—rWe, 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 + t • Twit troy h •t v 3'. R n2 ins: center line - ng East un,. „ � � u section �5. T.3.t run-_, a , 1. . ,.. ors thence North to the North line of said section thirty-five (35) , folicring where the present public travelled road now gces ,through the •:c;.,astead filing of Mrs, V. ,._,'s ,c?nd fella .. the CCLf:3e o2 as present travelled road which had been so travelled for over thirty ye .r ;,and now has located on it µ County brie-°e over the Empire ditch located on said land. This country is very rough and sandy in character,making it impos..;ible to opdn 'roads On section lines,and make them fit t' travel without a great outlay of public funds belonging, to the County. This road is the only available road between Roggen and neighbouring vicinity,and the Platte river road and settlements, and from_. the character of the surrounding country the only placc where a road could be located ^nd maintained without a ;*eat cut lay of money. it has been travelled for over thirty • oars an a public fOn, . aaJ. is so now trs..vel'.ed. The County 1.»J a .. v .Lui. e. a - r0. • of 1^_:y tL ,u v. '. tie land of Rex ✓aab 2nj :per:7sio ion to mainiflin present travelled .load. iron: Rog-an to the Lincoln H(' h,.;ay from all other property ty holders along sa.rd Ls. 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. )0C/6 :17 ellc -V c- - The said proposed line of road is more fully shown by -the following map or plat to which reference is here- in made, the same being in TOWNSHIP .__- -....._., NORTH RANGE WEST 36 31 32 i 33 34 35 36 I' 31 I i . I 4 1 I 6 5 4 3 2 1 6 • I' 12 7 8 9 10 11 12 7 13 18 17 16 15 14 13 18 j 24 19 20 21 22 23 ‘ 24 ;I 19i I it n 25 30 29 28 27 26 25 30 I! LI i__ . 36 31 32 33 34 35 36 ' 31 I I 1 '6 5 1 4 3 -2 1 I!, 6 9 1 I I I As witness our signatures hereunto annexed, and followed by a description of our land this i I day of -.191 1 SIGNATURES. PROPERTY OWNED. SUBDIVISION. , SEC. TP. RANGE. I re....._ . et , . . �a.-c.._, Cr—. n 3 tf t.- to a4 , 1k 2 rC/ .k �€-z. .- 2- 21 �' -1 _ e. a,,i, Cl:-4 . .> 1,41. f. 7....;o. /c/ 7 O cIj .-- 7 yam{/py _ c ce..4. _ ov,4.0 / 3 We cc,P,/ A ill tivi 0 * L., a.z L 'i C I I i ! rt.' it 6 7- a . b2- 1 A i t i ' ti-1 , $ x.i t,i ( I 62/2:_ig) 0_0(7/1,(7 , r A ' ‘ ( rat v /, ' ". 2 . /i°n'til,a -4,,,,,r# ' , ell z Jt . .ts " d G ,_ r if d 1 kt le , ,. I G egfidreata /3 2- 63 fr-V / ��a �� /1.1 e/ • /op/ L ,t >' 9er - .a C. L.vTaite Road Road No. 627 ROAD PETITION , IN Town 3't� Ranges dE f Filed in the oce of thej'ounty Clerk, 1 191 • County Clerk. Presented to the Board of County'Canmissioners Ioyembe.r 3rd ia1 b. when the following action was taken and entered of Irecord,to-wit: 64f'il�Tyfrfl _... all granted en f ._.,,.i;o��..''h7� t. . ,i1IIttr 4J'4 Ike exf citse of v'rc'i iz one ,..C..Jtf..ti 14.4C.a::I.JF:ed...tVeit e n d'_Onatniall re be arid Patty tre a l viewers to NMI III ISIIIIIIIIIIIIII Ina rsoei.-al-the rlart:i:g-P mt at__113--a'clock, A......1Jt- �__-�==`1.--. tin—_.. -. _.day 'MeV a nib Op__..issezaber, i916----, and view the inialltIlM4iiiitesturnial line ofroad do ;t t d for and f.th Le tt iyla *PIS.t. T fl inc:tsfl -),4 u ii Co 1.•• (7:17.- t . cry fJT-. the ! (.11 ::s-sii • •1 i as etinamisk R S/.a- L._.1[8ita- _. Irerely iernoirnd _. tie .., to pink.atakec ns.rx yutr.'d d taw . . . '.._ cytA MS C. weans ..CO.uv.yp :.tt - -- - r - .. Hello