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HomeMy WebLinkAbout200008.tiff I S 100/744 Co . Rd 38 see Co Clk & Recorder Book 658 , pace 61 2/10/1920 Petition to open road : Commencing NW corner Sec 32 , T4 , R66 ; East 1 mile . Viewers appointed see Book 16 , page 382 4/10/1920 Viewers report approved : declared public highway . see Book 16 , page 428 4/12/1920 Quit Claim Deed for R/W in Sec 32 , T4 , R66 : see Book 16 , page 426 Grantor : F . Kaiser . Recorded in Book 549 , page 380 4/12/1920 Quit Claim Deed for R/W in Sec 5 , T3 , R66 . see Book 16 , page 426 Grantor : W . Kern Recorded in Book 549 , page 381 6/26/1920 County applies to P . U . C . for permit to construct RR crossing . 8/6/1920 Agreement with UPRR providing construction and maintenance of crossing ( inactive ) see Book 16 , pace 506 Resolution approving agreement . see Book 16 , page 517 ( now void ) 8/-/1920 Agreement between landowner and Sugar Company for ingress and egress to dump . 3/15/1921 Notice of hearing before P . U . C . 4/1/1921 Resolution accepting agreement for supplemental lease with UPRR see Book 17 , page 137- 138 ( now void ) 4/12/1921 Answer to PUC by UPRR 4/30/1921 PUC apprvoes crossing se TAI- ct fa. Fti, ° I ° pH • talM �C •a • 27.-1I tILCREST 4.��• •• R C ,.f s Dop...557 °al �/ f ■ pa I i 36 • I I a rn 33 • 34 e I Q I�'1 ° 1 � / J s" i a - /'•� / I I a ° • ' ' s a • Tl �j tr I a .}�_ i • ° fenf� I r . I �� • • C 3 T (as a b /M - OuST0S+• a f 1 rl --- • 1•. • •i ii, • •i ° v a 0• a jai. I 111 ,� I e 9 .o I ta ahem� 1 vAsouE2 I • / • at ` I a•ra — e I v_la 1 �o Ili 1 17 IG IS 7 1 °a rte: 4 �I \_ • •7 ■ 0 0 I 1`' t s I • • •°_ i, I f t rI .7 A ! •PL ATTEVILLE ' \ , 21 22 I II 11• r /400/7+I 4/ 6 / - 6 / 20 4 COUliPY ROAD COMPARs q. H. No co ar xuex+r�]••NDGWa ., y - Reception No _V9466 _- 61 �. ttnRena Recorded in Book 658, Page Roca No kin 4 To the Honorable Board of County Commissioners of Vie 1d County, Colorado: f ' ROAD VIEWERS'REPORT GENTLEMEN:— .- In Your Viewers appointed on the 10.t to view a countyh-- day ofo.._.Feotra• Lod._.._.. 19..zQ 3 Road prayed for s a certain peceion pre anted to your acing bte body on the ''Love TozzOn--3_.L 4_-tiangq--6.6__ named day and dale,a copy of which has been received by us,via: Commencing at Flied in County Commissioners Office at the a earner cf section 32 township line =p' 4, dance 66, thence East along FEB 0 ao� one mile, ' Recorded la lho County Clerk's()Mee - at 9—o'clock Ahf ADP 26 i, 22 • mac E Listen I Recorder. • - - .. ai. P C 6-able- Deputy. Fee. , .2,00. _ Respectfully submit the following report, to-wit: After receiving our authority to act, we met at the starting point of said proposed road, an the r ..20th day of.._ebp.Uer\ ,19_2..2..at the hour of 10 o'clock A, M.,being the time and place specified in our appointment,and proceeded to view the read prayed for in said petition,as follows: We commenced at the starting point named in said petition,and run ' as petitioned, • the lust named point being the terminus thereof,and the road as above laid out and viewed being over Ibc must. tract-able nmtp wldrh we..in oar judg- • meat,can find. We found it necessary to make the following changes in the proposed route as prayed fur,viz.: '::e 'recommend the granting of said proposed rend upon the felleninr conditions: That pc dtioner rcaarid lino surveyed to estnblish correct line: that tience's remove trees from prcpesed ci::a 7, and "build fences c'- ench side of read, :ia rececxena that s r-ic r'cr..d:':c;: be 60 feat tide, ' • if operated upon above conditions, - - We have caused to be surveyed and platted.and have herein embodied a plat of said road as viewed by as.and which forn,t a part of this report as shown • by the following map: Range-47a ---'•- Rangy,M. ---- Range Ha--•_. — I i4± -'• :■EEC '1.: M ■ ■.El ■ N: ■ p'piii: m:l el: . . i ■:-;-; + : �InllllllII 11111111111111 •in iC r-� -~iiBIIBi®1 11ii11111111111111WJ111111 1 cii-.rI-I_ iiIIIIII inu g�1�L iiicr■"milmilli/I ii�ii9i'm: ii M iiiiiiimmamillm W■■N■■N■■■■■■■■■■• ■■■■■N■ ■ MOMMINIMMEMANIM .. �W ■�■I■ ■■■�I■�■■■N A III �iu■Ms.m m:mrO:m::t— - 6 W■■rii■Y C,■�Wy :r_■�■■■�pq■ uN■IIIM pm YYY■■■1■■ �■■■■■■=MIME=■■■■■cage NNE■tN■■:■■■■■■■■IN•MM pt:■ ■M=■==E■sm.MMMMMMM E■ ■_. 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Lip": _ - .■a :ii :lrI■r■l.r' ::C3: MEMINOMINoolivonlier • • 61 to land owners We have taken into account all the damages and benefit oarisiag from the laying opt of said road and report,in tabular form;as follows: DFSOaPOON OF LAND p.m,,..,e, VJF�eI AAwael NAME OF IAImO Fft P.nu.:dS of nip uLa Sebd4.:eee T'o a.en °�" VdTot. wed •&er6n ..m•1 mot.,. • 'ie are of the opinion that the amages ac cur.; land t ken b:: s id read are more than offset by the benefits. tc e derived by ed,iscent land oven vs, by giv.ng access to a prc-c≤ed beet dump c be este ltoled near the mild e of prcpc'ed • road. 1; 'p. • • • • • • • • • • • • • • ' We have taken the following Government Lands,vie.: State of Colorado,) _i ) SS, •• County of field• , ) • • FILED Ii.' COb1L:_53 iC[t_S' Li:r.OE FEB 20 1920 Also in the County Clerk's.Office • • . We have taken the following Railroad Grant Lends,viz.: on the above day • CHAS. E. ihELL, County Clark• ,', • IRA I. SIDES, Deputy• O' • and Acting Clork-of the Scurd, • •• • • We have marked out the line of said road as located by us by turning furrow on each side of said I a proposed road.' • it We estimate the probable cost of opening mid road Co travel to be$ ••- • - Blcntnc stumps, making fill, and grading, tr30C. • • I • • • • • • • Which viewing we have completed this 20th day of February- • 19:20... • • • • J .._ A F Eir ea kl ,. • .. - @Car t'icwen. • .L_.&...B3rkla Presented to the Board of Comm3.sicners' Apr 10 1920�;ben the fwlio noprin- ts,•v , to nn I entered cf record, tc-eiit: The Board having carefully considered the report of the viewers herein as well on the objections made thereto,and fading the report correct as.to ' form,and believing the public good requires the laying out of the road as recommended by the viewers,it was an motion ordered$tot,A� ort he approved and adopted,and the rood therein described and recommended by the viewers be and is hereby declared a public highway °i1 'f,erT k aaireeted to record the report,plat the road,draw warrant in favor of portim.for damages awarded,and cause notices to be posted of opening of said reed,and notify the Road Overseer of proper District to open the same to travel in qty days es regeirad by law. • S._Bt..B1.rkYe- ' Yr� Chairman. ,:, / 1. / `(naose2oa Na: }~ . . , o':''':- ' .:.....*sort TI.Dr-Ptfl3LItl-IITILYTI2B.OO lXUSI0N or TILE STATr,'.oF'COLCEADO In the Natter of the-I iioation of the •_ ) Hoard of County Ctladissianars of;Wald ,)-,.''..-•''.:.•••• - .Ooimt�j;,-'tor'a,-Road Crossing over'the tU.P.•:. ' Railroad 2rsaos on Gonth side of Section )- APYLICATI0Ii 3i6: 64 __ '.:311,'T.1.,,4,-North of Bangs 66 W. of,the. '1' 6th P.Ii..,Weld Co mty,,•Colorado. ) , _Apei1 7O, 1921,._ . -Appearimeess :Ira I.`Sides,Dainty Co my Clerk for ; Petitioners; :Bdirard G.•Kz 1ss,,. Attorney,for tiniest Pacific llailreat , 6"11314F.'''' . 2 `t e-Comdssions7. .. -- This .a+iasplicatioa vas•.set dos u for.hsaring,;and clan honed'.before the - • • Coisaiasion at the State Capitol Building.•at Dnstvez,-Colorado, Tuosday, 3laroh 22M, .1921 at1OA. i*::. • -• • - , 0n Nay 1th;,1920,-the Board of 'comity:Counission,rs of Weld'Corsnty filed: its a)plioation for cosmtraetion ot'a Crossing aver the Union Paoifio Railroad - tretQce on tshe south side of section 32,:township 4,'IC. of R. 66 11. ..,of the 6th.P. 3t.; ` • rie1d•County. Colorado,aatraers roadn.744•of Weld°County,intersects said railroad •- trams, about:one:anti out half miles,south of Gilorest. ; ' • ,' Yay.18. 1920,-'the railroad as7osd for,.a oontiananca of twrnty days. 'In --the xniaistin this Canty Atterssy,a .Board'of County-Coeniesionern of Weld County aM th•'U P. officials began'negotiations and.fizr+4ly entered Into a sontraet A $ 6, 1920;;for the,eonstraation of.the said Crossing is vio/ation,,of Section - 29,of,,the Public Dtilitisa.Aat, and.General:Order;31o.:29, issted•by the•Coesiseicez. - uudsr lintho ity of volition 29, without the iniorledge.or•,oansent of this Ocesii.esion.'-' :•:-.1-_-,"i;n:-:-;;;'!, ::•11:'..:::::.:::::-..."1':1:::.;::::n7::::.,•,...:::-;.,.r,:n-,:" :,,:n.n,::::;:::...::.1 .,':..',.:::•'.-" ::':•,:'•;•-•''' %•.;';',-,-;'')::,.1-p:O.-:::•-'.''''•... :;:!1: .:- • . ,•. • . •, • ,. , • . . , ,.... ,._... ,. ......:_ ,.. ..•:.-.:,:•:. • -•.:.., ,:_.... .• ._:__,:::. •-•.•••,-. ,:.i.......:•_,.::. ,T ,,,,..:.. ...,.....•• ••••••• •_ . .••• . , . „G� In the matter of the installation of railway and highway oroasings at grade or above or below axada, 1e eral order 7.1o. 2S of this Coanisaion, effective July 24, 1917, is as follows* aahereas, On the 16th da,' of April, 1917, lee ti on 29 of the aublic Utilities :pct was =aoudad, grantiaa to the a'ublic Utilities Co risaian the power to determine, order and _areocri.ae in acoordanco with plans and specifications to be approved by it the just and reasonable maamor including the oartioul r point of orossiaa`; at which the trac.,s or other facilities of ash public service company ,. be constructed across the tracams or other facilities of :gar other public service company at grade, or above or below grads. or at the nano or different levels; or at ohdoh the traaoks or other facilities of any railroad corporation or street railway corporation may be oonstructed across tho tracks or other facilities of any other railroad corporation or etre' t rail- way corporation or across any public highway at grado, or sure or below grade; or at which any public highway may be constructed across the tracks or other facilities of any railroad corporation or street railway corporation at grade, or above or below grade; and to determine, order and prescribe the terms of installation and operation, maintenance and { protection of all inch crossings s ich may now or hereafter be coastrueted including the watchman thereat or the installa- tion and regulation of lights, block, interloo ing or other syotean of signalling, safety appliance devicss or such other means or instrumentalities as may to the Commission appear reasonable and neoesssry, to the end, intent and purpose that accidents may be revented and the safety of the public garomated; and, Whereas, The amendment provides that the Commission after hearing shall have the poser to order any crossing aforesaid now existing or hereafter constructed at grade or at the saauee or different Ionia to be re-located or altered or to be abolished according to plans and specifications to be approved and upon gust and reasonable terms and conditions to be prescribed by the Corurrisssion, and to proscribe the terms upon 'which the separation should be rte, and the proportion in which the expenne of the alteration or abolition of the crossing, or the separation of the grads, shall bo divided between the rail- road or street railway corporation affected or between the corporation or corporations and the state, county, municipality or public authority in interost." In addition to aforesaid, General Order No. 13 reads as follower 'MO public highway shall be constructed across the tracks or other facilities of any railroad corporation or street railway corporation at grade, or above or below grndea until the plans and specifications therefor have been filed with this Corzntaaion and the written approval thereof obtained." The legislature has crested in the Commission the authority to adega tely protest all railway crossings at grade within the state of Colorado, and if necessary, to elisdnate all grade crossings. The law and orders of this Cor mission provide t?xat crossings may be installed aeon order of the Commission, after a hearing • 2 - t., . _ _ only; tat the railways shall file plane and spec ifioat ions of crossinge; that Caerission &hall divide expense between oirtges , o,n.d th^.t the ::all have :,over III to compel the installing of audible and visual sign€zls; d.efiri. .7 t':Q width and. Irani at crosagxu o :Ind generally to have the power to promote the safety, con- venience aed yell being; of the traveline a blio. La this oase, however, no noties was served on the Comical= of the intent of either of the interested parties that the r intended installing the crossing. The Union i cifio memo, in this case, to have been itsbasd with the thou tt that if tho oountA,: vented a orossiw* and was vrilli?r^ to put up the expense II of installation., they would not ob leot. %r de oro asia s at beet are dangerous and the legislature of Colorado has Ter, wisely delegated and wads it the duty of the Commiesion to see that life and property in saf. carded by preventing the construction of orossims that might be considered eaten basardous on account of cute, curves, ebetreetione, eta. The testimony presented by the deputy county clerk of Held County shove that his county probably gated under a misapprehension of the laws regarding the construction of hictheay crossings and the authority of the Public Utilities Commission in such matters both an to installation and distribution of m nstei tion expense. For fsrnea, wing fences, cattle guards, track and crossing signs, tale• } Eraph poles, raisinr telegraph wires, etc., held County paid the Union pacific Company :4t36.9u. In addition to aforesaid, the county also did, at its own rope, the ;;nadir ; which entailed a large expense, as it reouired an extensive fill. The written area nt wider -:rhieh this dense was incurred was executed August 6, 1920, and provided that the mushy should pay to the railroad oc;rn> ang, the entire cost and expeeise incurred for all labor and material used in oanstruotion of said public road cros i n k and = expense aube4emtly klMfeA d . f 3rd a. t 1 oonnoctio?. t milintenapeo, re morel of said px"4S8IA5?'. nil.o the construction of this crossing was entirely illegal end without the motion of law, or authority of this Coossission, it now looks upon it as a necessary public aornrenienoe. This is concurred in by Ohaa. D. hail, the Commission's Hallway and Hydraulic C ngines?, who reported 'that the vim of apparoaaairec' trains is gorad and from what I learned, there was a necessity of the crossing being Opened." — p • �M . . IT IA T!Z `=, 'C11.• ORD'~"',r), That the crdssin aver tho Union '?actfto { i d1rvcd traC: on south lido of aectioD 32, township 4, Forth of range 66 ", of the 6th . .'. be and tho 3C-171Z) is Lereb,r anprnved and deelnreci a public h1 hwc crossing. �T T -7'"',""^'R GH13t , That the approra1 of tho afbrasaid creasing is L I,.i 4 N.-�.�._,..J to he in no z 1 o connidered or construed se this Co^missien givtu; ascent or in away wise ac:,:noviedeing in aN7 way the provisions of the amreement entered into bet eon t"-et Co•nati Commissioners of ':geld County and the Union Pacific Railroad Comp zy, ^r In coy of the irreeular or illegal practices connected. with this transaction by either the c mrnty or the railway o cxmanr. TUE PUBLIC UTILITIES 00MYI3S105 CF T1 STATE UP CULO A.DO B. HAIIEMILLN. 4s IME11:20. X. Dated at Donner, Colorado, Y. L. =ON. this 30th day of Aril, 1921. Commissioners I do hereby certify that the above and foregoing is a true and correct copy of the original order of the Public Utilities Commission of the State of Colorclo entered in the above entitled eanso and now on file in this office. Secretary. i Saa it NI . t! ,-1,0t110 . Ap;:li c„ti on aco. €34. T ':T -. O ' T} Ai, LI ct;.`r i U1 OF '!',_ ; %,CJ) OF Aidli";'Y '::(; I.—I01i ;It6 0/ d ;s . OY Z COUNTY, ]L G �e.``'' yyll 71_.l .. :d .I.1 .;u;U) i.:u • 1�4�• 744 t}Y i.. 1 ._, i:*1\:'i:'J '�l ir_ i ! t. :dltcl ii? :JE1.6;.. 4'f:.,id iI ti ,:li.l_4.i `l. r.;. '.� .':d Y• Now cQneu MIXON PA.('.IVIC ..ix :. t�� 'T. tGAa) t1U?,..i,ATvY and for answer to the ap_aication heretofore filed herein: 1. 1. Adi i t s the all a -ati one in Para.°t.rsphs First , i t anv?. „second of said a'i lication contained. 2. As to the allegations in paragraph Third of said ap≥.lic..tion cor.ta nccl dcrfiu that on ".pril 10th or at any other time an order was in due course or otherwise entered by sc%id Board of County c."amx:,issioners granting the said ;lub3.ie road and denies th.':t these proceed- ings or any proceedings re uired by the CQnetitution and Statutes of the state o.' Colorado for the openini; and estab- lis ment of said road and the takin,≥ of the land necessary therefor through the exercise of the power of eminent domain have been taken or had; resicndent, admits the location of the tracks of Union pacific Railroad Cor:•party cis therein described; as to eaci, %nd every other alle{:' tion in said paragraph Third conti`sined reo :ondent has not and cannot obtain •� ii it III -tiw sufficient knool :: ge or information upon .which to buee a belief and has not and canr:ot obtain information or belief uc,n the subject sufficient to enable it to andwer, and therefore Beni.:: the earie. 3. Resondent der:iee each and every allegation II in said an1icv i:.n contained not hereinabove expressly admitted, denied or avoided. II.• tYurther answering said application and without in any manner ws.ieink; any of the defenses hereinbefore inter- posed respondent says At the location of the proposed oroesing it is and for many years line been the owner of a strip of land four hundred (4CO) feet in width, bcinE two hundred (2(k) feet on each side of the center line of its main track. This land was ;.-ranted to its predecessors in title by Acts of Congress of the United States an0 the came is a portion of a continuous strip of like width so grInted an owned and used by respondent and its said predecessors as fi right-of- way for its said railroad. The cantempla.ted highway crossing cannot be installed without takint, a eubstantial portion of said land so owned by respondent. This Commission is wholly without power to grant the right to install said crossing or to authorize or permit the taking of the land of respondent which would necessarily result . To *gold otherwise and to authorize or permit the exertion by this Commission of such power or j uri udiotion would amount to the exercise of a j udi ci ail power by the legislative or executive II , . e .3— branch of the State Qovcrnment contrary to Article III of the Constitution of Colorado ; :uuiJ deprive respondent of its riE,;ht to a jury trial E. uan.nteed by ticle II, erection of said Constitution; would amount to the takin€5 and damat:inu, of the priva,.te ptoper•ty of respondent without just compensation, contrary to "Article II, Faction 15 of said Constitution, can: would deprive respondent of the rijhts end remedies guaranteed by said .section last mentioned; and would amount to a deprivation of defendant ' s property and property rights without due process of law z%nd a denial to defendant of the equal protection of the laws, contrary to Article II, inaction 25 of the Constitution of Colorado and likewise contrary to Article XIV, .4eotion 1 of the ;mend- men tp t6 the t'onstitation of the United Ltutee. (Signed) C . C . DORSEY E . G . KNOWLES Attorneys for Union laciIic Railroad Co hpany. STAn; OF CC.LORA.U City end County of Lenver- ', r Dhrt RI) G. KI;O d2S, beint first duly sworn, upon oath deposes and says; thr.t lie is one of the attorneys for Union Pacific Raflrond Coca_ru)y, the reopondent above n;ned; that said reer-ondont is a cor:;oration and for that reason ho :wakes this verification on its behalf; that he has read the foregoing answer and knows the contents thereof and that 7 -4- the same iie is true to the best knowledge and belief of ,31fic,nt. ( Signed) EDWARD G . KN0WLES ___.___._ 111'>C ,,D .i` ,._nit sworn to before ne thin 12th day of April, A. D. 1921. My commission will expire July 2nd, 1924 . ( SEAL) (Signed) EDITH L. JAY i+otarY u 1 a NOTICE OF HEARING BEFORE 'I'HI: Public Utilities Commission of the State of Colorado Aprlication of Board of Count;,' Commis— sioners of .,.old County for the lst:..b- 11sirnent of a r'ub_io I.i:;?:aee,: crossing over Lnim Pacific Tracks. 84 TO '- rw of :.:cy :t; of You and each of you are hereby notified that The Public Utilities Commission of the State of Colorado has set the above entitled case for hearing before the Commission on Taesda4i' . the 22nd day of kph, , 19 21 , at loop o'cloc:c, A.M., at the Hearing :loom of the Conriision, 310 Capitol Building, Denver, Colo. at which time and place you will be given an opportunity to be heard. BY ORDER OF THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO. Secretary Dated at Denver, Colorado, this 15th day of :,iarch 1921 23rd, 1 :21. • ecretr rv, Public T_'ti1ities C rr'n1 ssi n, Denver, Ccir. T F-r' enClr'sinp herewith certified c- ,ies f t' e - pro -ent hety;eon the Unii ' n ''r c1 f1 c •'r'i r: r old C• untr; 'le f the voucher in nr7ment the:fser.f. The '-b--ve with reference tr c nnl icr ti n number 84, f -r ^nblic ^d crrssinq rn t}he Unir•n ci. is ",nilr, ^d Herr '?i]crest. he rripi.nrls r'f these cc,nies sere used in evidence rt r herAnr befrre the Cr rpri.ai-n r'n th 22nd i.nst^nt. r,i en o hind t'•ese c -ter t the 7,enrrter -"r. tut? er, frr his files. • r'ug's vary truly, t • . _ f / :%3nartment No. 1094 1'-udit N 4560 ^-+abn ,Neb. 1-nuar-, 10, 1921. Crunt1r corrvissieners of el.d C-•unty, Address Gree'e,- , C 1or^dr Peptstered in Toce"ber, 1920 To Union T'acific Railroad Ccmnrny Dr. ) ':rake checks savable to. Unirn n4-cifi.c Rsi.lr nd C mnanv, and address all remittrnces t- ^ snist.nt Treasurer. "maha . Nebraska. For labor - -d materir.l ex ended during .Aentember r nd 'October 1920 installing r nublic road creasing, including wing fences cattle rru,rrds, sivs rnd rci.sing ,•f teleprrph laires, cost to be h' r„e by .eld County, Per ' pri.eement Division No . 7775, Audit No . . . . , . doted !ur%ust 6, 1920, sock girder 1505: SE?TIi"BER 1020 Labor, 2nrineerinct Forces, stnkinr cut location for crossing: f-f i str+nt 2ncineer, 1/2 day - 3.75 lnstrumontT^rn, 1/2 day - 2.83 , dd 10% on 6.58 .68 r'ersrnal 'x-?ensec, Diviri.rn 'npineering Frees - .33 "CT-BER 1920 Lahr:-, F & B Denart,lent tnstallinr cattle guards, wing fences, painting and lettering number brrrds, lrying ties, installing cr' sling, drain boxes end signs : Fore-an, 19 hours n .832 per hr - 15.80 Painter, 2 hours .80 ner hr - 1.60 Carnenters, 284 hrs n .78 ner hr - 22.23 ti 38 " -) .75 " n 28.50 i..�r,orers, 54 " .56 " " 30.24 dd 10% on 98.37 c/.84 'nt ;ni^1 u'ed in cattle guards, wing fences, drain boxes rnd crossings : 6 Rgh Fir T 'es 7 x 9 x 11' - 347' ,- 33.33 }q' - 11.57 8 :ec . -tee1. Cottle Guards 2 Sets n 24.01 ner set - 48.02 5 res. S1S fir 1 x 12 x 16' - 80' . 34.88 M' - 2.79 25 Sal it Fence nosta ',' , 25.06 C - 6.27 300=` Bsrbed "re T 4..65 C#" 13.95 10# Fence Stanles es 2k" GI 4.79 C# - .48 5# ldd, Com :"ire Nails 1 3.78 C# - .19 5,' 30d Ccm ",'ire Nr ill '? 3.78 C: - .19 5 nos Yew a15 Fir 1x12x16' 80' a 34.88 Mt - 2.79 2 "X" :histlinc T'osts ^ 2.93 Zs - 5.86 1 :itohway Crr'ssing Sign - 10.96 11 ^e s V C r ine 12 x 2 ' - 274' 50.00 C'- 13.75 6 ^es New 315 Fir 3 x 12 x 18 - 324' , 34.88 !I' 11.30 5 nc s Rgh Fir 2 x 6 x 14' - 70' `I'. 34.88 1`<'.' - 2.44 51 " , 4x4x16' - 107' 33.33 M' - 3. 57 15;` Heat .:pikes 1/2 x 10 < 7.16 D# - 1.07 Amount Caoried Forward 251 .77 i.`ateriel used in nrintinp number beards : 4.44 -trite Lead '? .13 per lb - .52 1 nt Boiled linseed "'il - .24 1/84 C 3 17 Waste - .03 / / - ;. Tast Sheet . Co Commissi; ners \1d Co. . . Continued. Audit No. 24560. Amount Rroupht Forward. 251.77 223' ] in. ft. V C ripe 10 i 36" '? 18.00 C' - 4.05 5 Srlit Fence posts 'D 26.05 C - 1.30 Add 10% rn 141.34 14.13 Labor, Tele,rr' h Denartment relocating_ hole line: Labor, lineman 26.50 Add 10% cn 26.50 - 2.65 'ersonal ~menses, Lineman - 9.05 Labor. Track Dept. assisting Lineman in relocating- roles - 7.6]. r dd 10i'. cn 7.61 - .76 ' aterial used in line change from :'astern Union -;tbck: 2 Poles '.' .C. 25' B 9.61 ea - 19.22 2 it II 30' n ;T 13.66 " - 27.32 1 Crossa.rm Bolt 10" ^ .16 - .16 3 C oi aarm 3 Its 12" •=' .18 ea - .54 1# Tie .;ire No. 9 A & S - .28 1# Tie Wire No. 8 B:':G - .08 Com? ercial Freight Charges : Cmaha, Nebr. to Gilcreat Colo - 94# n 1.015 C# - .95 Granger ',.yo. " " " 3470# '? 1.28 C# - 44.42 Gilmore Nebr " " " 800# ,. 1.015 C# - 8.12 Topeka, F s. " " " 1050# @ .945 Cg - 9.92 Fansas City ,-o" " " 335# 'r? .1015 CI -- 3.40 rr n It n II " 10334# ^ .495 C# - 51.15 L.dd 3% :ar '4venue Tax cn 117.96 - 3.54 486.92 :xamined by I hereby certify thrt the Above recount to correct: Prenzlaw G. "' Richards Frown ---- A-pprar • PCu-f s-i on ActAceoulaient Credit to b... A--A-..-A- u-'.-.et.-A.& Annroved for Superintendent: C , J, serriam, ' / -- ,; IMPORTANT All vouchers must bbee passed upon by the board of County Commissioners before warrants can be drawn. All vouchers must be signed by the person in whose favor they'are made. Signatures must be acknowledged by Notary Public or other person having such authority. All material or supplies furnished must be itemized,date of delivery shown and to whom delivered.All labor performed must be itemized,showing where performed and on what dates. All vouchers formaterial or supplies furnished or labor performed must be approved by the person having authority to order same,or a written order by such person must be attached to voucher. All vouchers should be filed in the office of the Board of County Commissioners not later than the first of the month. - VOUCHER. Weld County ninver, Cnl rn'ar 0, Pebnueny 3, 192 To UNIrN PACIFIC RAILR,OlkD CcI.5°ANY Dr. For labor and material oxnended during September --- nd October. 1920, installing a public road crossing, d wing fences. cattle guards, signs and raising f +nlnnraph wines. per Agreement Dinisi-n No. 7775. inrii WO dated August 6. 1920. :`i. '. 1505: 486.92 niscellaneous toad fork. Dist. No 3. O.K. i'iortham • STATE OF COLORADO,. BS. A. F. Vick Roy COUNTY c , duly sworn, hed, depose and say that the above account d true and just, t the services,supplies therein charged for have been actually furnished, rendered to and for said county,and that the same have not been paid,nor any part thereof. A. F. Vick Roy Subscribed and sworn to before me this Sign here• fourth day°f r4 Feb �2 Superintendent.,• Uni,n •Pac. R-R Co " a nigh 3L:n-- '7cn3Sns._.P_nr31_..3y Mail Add Rcom 232, Uni n S n Notary Public. 1921 State of OcicrRdo, ) )riS. Crunty r.t' r,A1 4 I , Chris. tit tell, C. urt" Clark rnd ex-rffic:i.=' Clerk cf the Brcrci ,.f Cc%inty Crn isst-: ne.rs in -rd frr the Cunta and ^,togs r-rf. l.es^.id., d• bomb- certif•r ter '- the ftMA1Xnd t nd f-re,r'tn armies -f P certsin agreer'ent executed b" rnd between The Uni.- n 7-acific R4ilrc r;d 0, ronv send The ter- rd c't Ccunt:,* Crmmi ssieners rf ._e1 d Crurty, executed cn At ►w t sixth, 1920, nrcvidinm frr the c nstructi r r_nd maintenance rf cussing on road 744, and cony rf v 'uchor #7140 n id b'r said Br,o 'd of ("runty crmmiastr.ners rn. February 8th, 1921, rre truly oc'•'a1.ed fr ,M the r-x'irin .1s thcsrorf Tv t. In my office remaining. Tr *T TLV. Tr.='F, I hr ve berF.u.mt r. set tm- hrnd cnd cffi xec' t;he sel rfr ?c1 C ur!t ir,rt Greeley, Cr1rradz this 23rd d>?'7 rf Upoc , 1.9`?1. CI.A "., E. LI`i'P'::i.,L :er 1-ctlti 4L I A.. at1roc Font made t;bif3 du of :w ust 1920 between. the Industrial Su Gar Co_ pang, heroin termed the Copan of t:lo first part and -lb. rt e'nler.,f ,;e1d County, Colorado or the second part, :heroas soconli part-2 tolda a lease from the Union Pacific Railroad Cos pan ' for a :strip of 1; ;d lac: foot in width nlonc the eat nice of the riLht of way of said Cor pang t:r; ii; extends ovur and scro:3 , the7VW queirtor of section .S` in ow4aip 3 fl. P. County nor. r.3le post 38 on the line of maid 'iail V ovd, and witch strip of ra id the Copan is desirous of' oper;in rtiir,tairilIv a Public 33 a r.enr:o of in,;re;._ :ale egos, to sa dfr'w. a beet dump 1:c it to be imitalled on the r ilrot d, C ora ..: t 'le ^rand View Dur:p, and, 11;heran3 the Count;; of ol.d __as a leas© for road purposes for a ;tri;► of :..r•rid 50 feet in width over tile aa_>e strip f_1cacri' od to-wit the 50 feet of at.id strip,atAd, Theresa both parties are desirous that said road to &polled r::tiintainod acros., the lurid. Therefore in conaidcratton of the ou t of $450.0 . in :.arid, paid by the Cor.;pany to second party the receipt of w. _ic�h is hlerelr; cc :rlowl ed:-ed and confoa• ed, the second party rerab;,. , r to to the Conpc:.;;- rid unto the uo_:�t, of; eld the rid it a :d privil.e:.:o o_' ;porch said rod .<1d of a,41,cltsinir t_-e sw.4e over ni-A ac ro3.. thru a id strip of i •;id, w,.ic::. rri_:.t s..�,?.l cc�rlc,inue to !-1,.evd of .tie leo..c--,cold of saic3�:.�Wtd Kee w::o waives ul]. ot:,`cct{on to the rtaintainin_Y of the road the strip of l-xid the lease and hereafter. In consideration of the further sum of $50.00 paid to second party by the Company, the second pa ty hereby leases _unto the Company part of the land of second party near said Grand View Dump end consisting of about one acre more or less described as f611ows: ee-ms.„, fey(v.ed,it„, 7th-42.1 the said land to kh ; used as a piling ground dur ng the year of 192) and into the year of 1921 to the extent the same is required by the Company to be used to pile sugar beets upon between October...57 192) and February 15th, 1921 and the second party agrees to clear the piling ground of crop ready for the Company to use same, on or bel'mre October J t, 1920. In Witness whereof the parties have executed the contract in duplicate the day and year first above written. THE .1NDUBTRIAL SUGAR CO :;.PANY, • By i,G ( )' Party of Second art. i 4 September 18, 1920 • Mr. A Vick Roy, Superintendent of U. P Railroad, Denver, Colo. Dear Sir Agreement between the Union racific Railroad 'Company and Weld County, dated August 6, 1920, for a public road crossing on the Union Pacific near Gilerest., your number 7775. The Board of Commissioners ask me to advise you that the grading for this road has been completed and request tat you corp-ete the crossing as ouickly as possible as beet hauling will commence ;•ithin a week at this crossing. Please rush. Yours very truly, • • Q_n;n,rocns'r c.oan, ACTPOO CLERK 0011.V213 CCUsry oammR913SIOssss5• IIS hE - • /[' (/).1e/,/ • i "• ' I A u t I 7, 1920 ( 1) . . , The Public Utilities Commission, I V. _ Care State House, ! ! { ' 1. Denver, Colo. • i p '. . . , Gentlemen: • IN IT: r PPLI4A'flt),., "LC. 04* • I inclose herewith a copy offugrooment b tween ' the Union Pacific ttailrcca2l Company lintuold County, rer lative to public road Opossinc ovoxr the Union Pacific tracts on the south aide of Section 3e, Township 4 YTort i, • ' of Range 60 Nest Cy. the 6t a 2. 11. I ilse a copy of Resolution passed by the Board of County Ccwxis.siohers . of Ueld County relative to the execution of the * trio . ' The contract •has been ‘execu.ted by the Board of CounWt Canmil Toners in duplicate and fb$ardod to Ur. 11./HMO.' . ',„, Vick Loy with request that the pro r officer of jhes , Union Pacific Railroad Company ere to the contract in duplicate and forward to your offs o, the copy which ', should be dolivorod to Ueld County .. ` . • As soon as you receive the Contract from tr. Vick Roy, will you please examine the sane to see that . it is executed and then malt the dopy which I have sent ; you, correspond to the original, filling in the signatures of the officers exccut the sane and nark , it "copy" to be retained in your files and forward to �' :\, the the officio of the County Cemmicsieners of Weld County, I the contract which Er. Vick Roy railed you. jI The blame for delay in this \natter is due to a ' misunderstanding in our office duorto the fact that I did not know of receipt by the Col:t.issioner°s office of • the contract from the Union Pacific for execution and as soon as I learned that it was there, caused it to be executed. • • Veit Despoct u.11y, WEB/LO 1'1 • o •1a �I /ct'y el t/ 61 _ y/ i ` O', . , . Il (August 7,. 1920 Lir. A. F. Vick Roy, , ' General Manager, U. P. R. R. Cc., Denveri,„.40ZGl, ' hf , , I • Dear Sir: b� I inclose herewith•certi ied copy of resolution - of the Beard of County Ca nissioners of Weld County, Colorado, of date August 6, 19L t, relative to,public . -_ -- -- - read crossing at mile poet, 38.5 northern district; near , Gilcrest in Weld Caunty,Color do;+also two copies of the agreement executed bp. the B and\:of County Commissioners ssioners of Weld County, Colorado.-ause, , , • • Will you please c the contract to be executed • by the prover officer of your c ,pauy and then mail'the copy for Weld County direct to{tho-PUbl-c Utilities • - Commission, Care State Rouse, envor, Colorado.,• 44 I am. sending to the Pub•�ilc Utilities Caunr_•as on a copy of this contract and infOming thorn that you will send to their office thsspigned.copy which should • be held by. Weld County end,a s'on,as they receive that • copy from you I have request'd'• hero to inspect the same ' and see that the contract has , b. en entered into and then forward the some to the Count -C , ;iissioners Office. '1 have done this to save time./ -This matter has been lay, d owing to the fact that the Commissioner did not have'they contract for signature ' ' while in session.in the .July ieet'ng. , Ver respectfully, WEB/L0 A. • . I \ . , L. I I • i. • ./6)(7/, va/fC,c 10/ -5/6 430. CEDT�PY OF ORDER.—The Out West Printing and Stationer.Colorado Springs,Colo. • STATE OF COLORADO, ss. COUNTY OF WETn di g& regular meeting of the Board of County Commissioners for alp County,Colorado, held at the Court House, in Gretsley on Prigigli the 6th day of August .4.D.19__-20__,there were present: Fjpnf--,I._17+_--Birkle Chairman, UOn. T. E. ROWS Commissioner, _Rene__A.-F.-P-e_ters County 4ttorney, Cha5._-i,.-e,ittell .Clerk, • Ira__I.-Sides ' -- Deputy; when the following'proceedings,among others,were had and done,to-wit: IN THE MATTER OF. PUBLIC-ROAD CROSSING ON U. P. RAILROAD - SEC. 32, TP.4, R. 66 - MILE POST.38.5 DIV NO..7775 The matter of entering,into contract with the Union Pacific Railroad Company for the construction of a crossing over the _ Railroad Tracks of said Union Pacific Railroad Company on the. South side of Section 32, Townnship 4 north of Range 66 lest of ' • the 6th Pd M., Weld County, Colorado, coming on for consideration, -Coisntcsionez Howe offered the'follosingresolution; !!WHEREAS it is.necessary to have constructed a crossing for • public road purposes over-the railroad tracks of the Union !'acific nailroad Company on the`South side ,of Section 32, Township 4 North Range 66 west of the'6th Pa M.', in weld County, Colorado, and '. the Railroad Company is willing to construct such crossing, . provided the. County -pay all the expenses-connected therewith, and has submitted to this Board a form 'of contract, relative to such- crossing; and WHEREAS this Board• heretofore made application-to the Pubiict _ - Utilities Commission, to install a crossing over the tracks of ' the Union Pacific Railroad Company at the point above designated and said eublic Utilities. Commission has notified this Board that • upon submitting to it.a.copy .of the contract between this .Board and the Union Pacific Railroad Company, an order Will be entered, authorizing the construetion'of said crossing; NOW ?HlR.EFORg, be it resolved that this Board 'cause the contract submitted by the Union +acific Railroad Company, relative to ,the above described crossing, to ba'execiited in duplicate by the Chairman of this Board and'attested by the Clerk; and.upon the • execution of said contract in duplicate, that-both copies thereof, together with a certified copy of_tits resolution be forwarded to A. Po Vtckroy for execution by the Union Pacific Railroad Company and that said A. F. Viokroy be requested to forward one copy of , said contract as soon as executed, to the Public utilities Comiss- ion of the State of Colorado, at Denver." Said motion was seconded by Commissioner Peters., and being ' put to vote, was unanimously carried. _—_STATE OF COLORADO. - - - _ — -- County of 'JRsd) ss' I CHAS': A. LITTALL .County Cleric and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid,do hereby certify that the annexed and foregoing'Order is truly copied from the Records • of the proceedings of the Board of County Commissioners for said Weld County, now in my office. IN WITNESS WHEREOF',I have hereunto set my hand and affixed the seal of said County,at Greeley this 6th day o August 4.D.19 20 CHAS. A. LIRTELL County Clerk. Per Deputy. G;779 t y'9 • �r l -39 ENDORSED: AGRELMLN T between DIV. NO. 7775 UNION PACIFIC RAILROAD COMPANY and COUNTY OF rl ELD DATED 1920. ,rovid3-. . for• the construction and maintenance of a public road crossing near 0ilcrest,Colorado. 7.1.20 DUPLICATE. ORIGINLL • THIS AGRELMENT, made and entered into this day of , 1920, by and between the UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah, (hereinafter called " "Railroad Company" ) , party of the first p: rt and the COUNTY OF AELD, State of Colorado, (hereinafter called #Licensee" ) , party of the second part, WITNESSETH: WHEREAS, the Licensee desires to open a public road along the south line of Section Thirty-two (32) , Township Four ( 4) North, Range Sixty-six (66) best of the Sixth (6th) Principal Meridian, near Gilcrest, .eld County, Colorado, which said road will cross the right of way and track of the Railroad Company in the location sflown b mellow lines on the attached print which said attached print is marked "Exhibit A" and is hereby made a part hereof, such public road to be constructed across said right of way and track in the iocat.i ::n aforesaid, sut feet to the stipulations, conditions and agreements hereinafter contained. II IS THEREFORE AGREED by and between the parties hereto as follows, to wit: (1) RAILROAD COMFLNY 10 CONSTRUCT CROSSING ( EXCEPT GRADING): The Railroad Company, at the sole cost and expense of the Licensee, shall furnish all material .and perform all work (except grading which is to be done by the Licensee as hereinafter provided) for the complete constructiol: of a suitable road crossing IL: the location as shown by yellow lines on Bald "Exhibit A", Said construction shall include the removal of portions of the right of way fences of the Railroad Company, the installation of two (2) cattle guards, the construction of wing fences, the placing of the necessary crossing gravel and crossing and track signs, t.ie removing of pole the raising of telegraph line and the installation of two (2) twelve (12) inch vitrified pipe culverts to provide drainage across said public road on each side of said track. (2) LICENSEE TO BEAR COST OF C INSTRUCTION AND SUBSEqUi_N T MAINTENANCE: The Licensee shall pay to the Railroad Company the entire cost and expense incurred by the Railroad Company for all material and labor used in connection with the construction of said public road crossing as provided in the preceding section hereof, and to the Railroad Company any and all expense subsequently incurred b: the Railroad Company in connection with the maintenance, repair and renewal of said crossing; and all payments which are to be made by the Licensee to the hailroad Company as herein provided shall be made within thirty (30) days after the rendition of properly certified bills therefor by the Railroad Company' (3) LICENSEE 10 DO GRADING: The Licensee shall do all the grading necessary in connection with the construction and maintenance of said public road crossing in the location aforesaid, which grading shall be done in a proper manner, under the supervision of the Railroad Company and aat the sole cost and expense of the Licensee. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate on the day and date first herein written. UNION PACIFIC RAILROAD CO:PANY, Witness: By Its Witness: COUN1/ OF WELD, BY Chairman of Board of County Commissioners. Attest: County Clerk. APPROVED. Approved as to form E. R. Houghton John A. Bennewitz contract Engineer Approved as to execution: Contract ittorney f - �r GRANT E, HALDERMAN GRANT E. HALDERMAN A. P. ANDERSON COMMISSIONER CHAIRMAN FRAN% P. LANNON GEORGE A. F'_ANNIGAN SEC NET ARV THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO CAPITOL BUILDING • DENVER FILE NO •DONESS ALL IOMMUNICAIIONS TO THE COMMISSION aa June 26, 1920. AltucATIop Application of Board of County Commisr>ioners of Weld aunty for the I rtablishment of a Public Highway Crossing at Grade over Union Pacific Tracts on South side of Section 32, T. 4 A, R. 66 s . ,r. C.C. Dorsey, aen'l Attorney, Union i-acific Railroad Co., ;0enver, Colorado. Mr. Walter E. Bliss, Attorney, Greeley, Colorado. Geaitle ton: If the Commission's understandinM is correct, the appll=-t and Union Prioifio Railroad Company have reached an arno•iert •Is to apportionment of cost of constructing nubile :1i; n:a.v' crossin7 made subject of applicAion in the above entitled cause. In order to dispose of this matter at the earliest date possible, the parties at interest should forard to the Commission 000/ of the agreement entered into by thus. U)on receipt of copy of L4;reeme.tt, if the same is satisfactory, the Commission may be in a position to issue order without hearing. You understand that a public highway crossing over a railroc.Z trio k Shall not be constructed without the approval of the Conrxiission, as yer General Order ?o. 29, copy of which is attached. Very truly yours, TEE PUBLIC UTILITIES (XL v IS3I0R OF THE a TA 0 • J3/ GAF-3 (___Stioretary S �IIDi. STATE rF C( ORADO s s • H 'ORE T'iI 'Ui3 r,IC UTILrrrEs C!)U'lT'/ OF WELD. ) COMMISSION OF THE STATE OF COLORADO. No, . . . . IN THE MATTER I TH ) AP 'LIC;,TION OF J. W. ) BIRELE, T. N. ROWE ) and A. F. PETERS, TEN ) BOI. D OF COUNTY COMMIS- ) SIONERS, OF WELD COUNTY, ) COLORADO, FOR THE GRANT- ) INOCRA CROSSING FOR ) APPLICATION PUBLIC ROAD No. 744 OVER ) THE UNION PACIFIC RAIL- ) ROAD TRACKS OU THE SOUTH ) SIPE 41 SEC. 32, twp. 4 , ) North of Range 66, Rest ) of the 6th P. M. , Weld ) County, Colorado. ) The petition of the Board of County Commis- sioners of Meld County, Colorado, respectfully shows: - FIRSTt That this application is made by J. W. Bizte, T. H. Rowe and A. F. Peters , the Board of County Com- missioners of Weld County, Colorado, to obtain permis- sion from the Public Utilities CommissSon of the State of Colorado, to construct a crossing over the Union Pacific Tracks on the South side of Section Thirty-two • (32) , Township Four (4) , North of Range Sixty-six (68) , 'Vest of the 8th P. M. , Teld County, Colorado. That under the Statutes of the State of Colorado, said Board of County Commissioners is autorized , empowered and directed to lay out, establish and maintain such public 6/ -~ 7 7 roads as may be necessary or convenient for the inhabi- tants of said County, as well es the general use of the traveling public. SECOND: That the Post Office addresses of the appli- cants herein ere : - J. N. Birkle , Platteville , Colorado; T. E. Rowe , Greeley , Colorado and A . F. Peters, Mead, Colorado, and the address of the Board of County Com- aissioners of Weld County, Colorado, is Greeley , Cole- redo. THIRD: That heretofore there was filed with the Board of County Commissioners of Feld County, Colorado, • petition to establish and open a public road along the South side of Section Thirty-two (32) ,in Township Four (4) North of Range Sixty-six (66) +"est of the 6th P. M. , in ",eld County, Colorado; that on April 10th, en order was entered in due course by said Hoard of County Com- missinners granting the said public road. The railroad tracks of the Union Pacific Railroad Company cross the Section line between Section ThirtyAtwo (32) , above described , and Section Five (5) , Township Three (3) , North of Range Sixty-six (66) West of the 8th P. M. , in Feld County, Colored ', in a diagonal direction from Northeast to Southwest , on accountof which it will be necessary in opening said public road to establish a crossing over the tracks of said Union Pacific Rail- road Company. It is deem4d advisable by the County Commission- ers of weld County, Colorado, to have the public road , above mentioned, opened for travel at once. That in -2- ! so tar as your petitioners are informed and believe, s safe crossing can be constructed over the tracks of the Union Pacific Railroad Company at the point above described. VHEREFCRE, applicant asks that the Public Utilities .Commission of the State of Colorado, make its order authorising the applicants as the Board of County Commissioners of Weld County, Colorado, to cause a crossing to be constructed over the tracks of the Union Pacific Railroad Company where the propos- ed public road No. 744 of Weld County , Colorado, in- tersects said railroad tracks. Dated at Greeley, Colorado, this --- day of April, A . D. 1920. Board of County Commissioner', Weld County, Colo. Attorney for said Board of Com- missioners. State of Colorado, as. County of ':geld. John W. Birkle being first duly sworn deposes and says : - That he is one of the applicants in the proceeding entitled as above; that he has reed the fore- going op lication and knows the contents thereof; and 7 -3- 1 that the same is true of his own knowledge, exoepting as to such matters as are therein stated upon informa- tion and belief, and es to those matters, he believes it to be true. ------ Subsoribed and sworn to before me this ---- day of April, A. D. 1920. Yyoommtssi on expires . . . . . . . . . . . . . . . . . . . . . Notary Public in and for the County of Weld and State of Colo- rado -4- ff eo / - . • AT A GENERAL SESSION OF THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO, HELD AT ITS OFFICE IN DENVER, COLORADO, ON THE 24TH DAY OF JULY, 1917. GENERAL ORDER No_29. IN THE MATTER OF THE INSTALLATION OF RAILWAY AND HIGHWAY CROSSINGS AT GRADE, OR. ABOVE OR BELOW GRADE. Ecffective July 24, 1917. Whereas, on the 16th day of April, 1917, Section 29 of the Public Utilities Act was amended, granting to the Public Utilities Commission the power to determine, order and prescribe in accordance with plans and specifi- cations to be approved by it the just and reasonable man- ner including the particular point of crossing at which the trots or other facilities of any public service corn- many may be constructed across the tracks or other facil- ities of Imp.. ther public service company at grade, or °above or below grade, or at the same or different levels; • or at which the tracks or other facilities of any railroad corporation or street railway corporation may be con- structed across the tracks or other facilities of any other 6i -mss 2 railroad corporation or street railway corporation or' ' across any public highway at grade, or above or below grade; or at which any public highway may be con- structed across the tracks or other facilities of any rail- road corporation or street railway corporation at grade, or above or below grade; and to determine, order and prescribe the terms of installation and operation, main- tenance and protection of all such crossings which may now or hereafter be constructed including the watchman thereat or the installation and regulation of lights, block, interlocking or other system of signalling, safety ap- pliance devices or such other means or instrumentalities as may to the Commission appear reasonable and neces- sary, to the end, intent and purpose that accidents may be prevented and the safety of the public promoted; and Whereas, the amendment provides that the Com- mission after hearing shall have the power to order any crossing aforesaid now existing or hereafter constructed at grade or at the same or different levels to be re-located or altered or to be abolished according to plans and specifications to be approved and upon just and reason- able terms and conditions to be prescribed by the Com- mission, and to prescribe the terms upon which the sepa- ration should be made, and the proportion in which the expense of the alteration or abolition of the crossing, or the separation of•the grade, shall be divided between the railroad or'street railway corporation affected or between the corporation or corporations and the state, county, municipality or public authority in interest; and Whereas, on the 1st day of March, 1916, the Com- mission made its General Order No. 13, effective March 1, 1916, as follows: "GENERAL ORDER No. 13. - In the Matter of Maintenance of Safety Devices at Railway and Highway Crossings; also in the Matter of 3 the Installation of safety devices at Railway and High- way Crossings. Effective March 1, 1916. IT Is ORDERED, That all safety devices, whether electrically operated or otherwise, and of whatsoever nature, which have heretofore been installed at railway and highway crossings in the State of Colorado, shall be efficiently maintained and kept in good operating con- dition by the railroad or railroads having heretofore in- stalled said safety devices at said railway and highway crossings. IT Is FURTHER ORDERED, That, prior to the installa- tion in the future of any safety devices or other protect tion, to render railway and highway crossings safe within the State of Colorado, the plans of the proposed railway or highway crossings protection shall be submitted to this Commission for its approval, accompanied by a plat or sketch of the location of said crossing and such further information as may be necessary for the information of the Commission. IT Is FURTHER ORDERED; That all steam and electric railroads shall immediately remove from their rights-of- way all obstructions of every kind, except buildings, which in any way interfere with the view of approaching trains at railway and highway crossings in the State of Colorado." NOW, THEREFORE, IT IS ORDERED, That be- fore any railroad corporation, either steam or electric, shall cross the tracks or facilities of any other railroad corporation, steam or electric, within the State of Colo- rado the plans and specifications for such crossing shall be first filed with this Commission and the written ap- proval thereof obtained. IT IS FURTHER ORDERED, That no railroad cor- poration or street railway corporation shall construct its tracks or other facilities across any highway at grade, / ID/ ��. 4 or above or below grade, without first having filed With the Commission the plans and specifications therefor and obtained the written approval of the Commission thereof. IT I.SFURTHER ORDERED, That no public high- way shall be constructed across the tracks or other facil- ities of any railroad corporation or street railway corpo- ration at grade, or above or below grade, until the plans and specifications therefor have been filed with this Com- mission an dthe written approval thereof obtained. IT IS FURTHER ORDERED, That this order shall not cancel; abridge or modify any of the provisions of General Order No. 13, but shall be in addition thereto. THE PUBLIC UTILITIES COMMISSION OF THE . STATE OF COLORADO. Gino. T. BRADLEY, (Seal) M. H. AYLESWORTH, A. P. ANDERSON, Commissioners. Dated at Denver, Cplorado, this 24th day of July, 1917. �I --,3 GRANT E. HALOERMAN GRANT E. MALDERMAN A. H, ANOEREONCOMMISSIONtRS CHAIRMAN FRANK P. LANNON GEORGE A. FLANNIGAN SECRETARY THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO CAPITOL BUILDING DENVER FILE NO. —.As,ALL C0MMURICAN0Ri TO THE COMMi5 .. May 13, 1.920. A;plicat ion No. 84. 5≥'. ;;alter M. Bliss, attorney at Law, Greeley, Colo. Dear Sir: In reply to inquiry in your letter of May 6th, the Commission would advise that it has served copy or your application upon Mr. C. C. Dorsey, General Attorney, Union Pacific Railroad Coripany, D 'river, and therefore it will not be necessary for you to obtain service. The Cor-rission trusts you will pardon delay in acaia:TTledMini: receipt of your application and m,kin?^ reply to your question. Yours truly, TILL PUBLIC U_'ILI'T' rs._" OF IIE: in lei:D0 Gar^/B Secreta 6Ti - - . ------------- -------- --- -- — --- ---z, gicLa, APR 211920 , //)" /J i On/7 VW 4 / - ; / STANDARD 1 -I0-76000 PORN UNITED STATES RAILROAD ADMINISTRATION DIRECTOR GENERAL OF RAILROADS UNION PACIFIC RAILROAD 323 Mile Post 38.5 Northern Dist. - Proposed public road crossing. Denver, April 14, 1920. Board of County Commissioners, Greeley, Colorado. Gentlemen: Your letter April 13, regarding Siemann Road No., 44 to be constructed on south side of Section 32, Twp.' 4 North, Range 66 West, over Union Pacific tracks. There is a state law requiring that County Commissioners take up with the Public Utilities Com- mission of Denver, Colorado, for authority to construct roads of this nature over railroad property. You will, therefore , please arrange to get this permission from the Public Utilities Commission. We will arrange for necessary survey and estimate and will submit same to our Omaha officials for their approval. It is understood that Weld County will pay the entire cost of opening this road and will sign nec- essary agreement in connection with same. If this is your understanding, please advise . • Yours truly, • April 13th, 1920 A. F . Vick Roy, U. P. R. R. Denver, Colorado. In Re Siemann Road No. 744. Dear Sir: The Board of County Cocnmissioers on April 10, granted a ubiic rod on the Soutn site of section 32, lownsnip 4 N. Range 63 west, which crosses the U. P. R. F . I am directed by the Board to ask you to take the necessary steps to scure a crosi.ng on ::our tracks. Yours very truly., ITS--J ACT I fie:?:: �llAilQ OOU)l'1 Y t�io�AN173:lIGlEER i • • Form 183A—Revised,1909. "T-CLAIM DYED.—For Sale by The C.F.Rnecke(Blank Book 3.CO.,Denver,Colo. 3383 this Weeb, Made this 20th day of March in the year of our Lord one thousand nine hundred and Twenty BETWEEN W. F. Kern of the County of Weld and State of Colorado, of the first part, and County of Weld j ( rg bgi and Sta* of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideration MOWS, 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 part y of the second successor part, its Ors and assigns forever, all the right, title, interest, claim and demand which the said part y of the first part ha B in and to the following desczibed land situate, lying and being in the County of Weld and State of Colorado, to-wit: A strip of land off of the north side of the North East quarter ( N.E. I/'i ) of Section 5, Township 3, North Range 66 w. of the ! 6th P. H. for road purposes. Said strip of land to be in width as follows, to-wit :- Commencing on the East side of said above described. section and running west said strip shall be 70 feet in width for a dist:ri:ce of 250 feet and thence 30 feet in width to the ligitt line of said quarter.section. TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privileges g PP P g 'thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and F!! successor _behoof of the said part y of the second part, its rs and assigns forever. IN WITNESS WHEREOF, The said part y of the first part ha hereunto set his hand and seal the day and year first above written. y ,SEAL] Signed,Signed, Sealed end Delivered in the Presence of _[SEAL] V [SEAL] [SEAL] h jl I I !c/ -/,-(' it STATE 7147,01,j JJ�01 DO, , 55. i ,7 ,,,,,e ;;;$114H-C.1 COUNTY OL".i 1, in and for said County, in the State aforesaid, do hereby certify that personally known to me as the person whose name A 79 subscribed to the annexed Dyed, appeared before me this day in person and acknowledged that signed, sealed and delivered the said i instrument of writing as free and voluntary act, for the uses and purposes therein set forth. Given under hand an seal, this -- '1 day of — A. D. 19; 0 / My commission expires, 19 , `1 ` !M .\\,. 7- IL" 4y. J [ W/ ' 4� o O cd p 4,, 1 N . I m ry ill V V , = fR \Ig A tg, Q.�-- 2- - l3 � ,, niIN 43 o g U � CSI', a - ‘, _ 4. o p° �j-% ] m w 0 d a c S [: - H z ,� \ 'll P 0 ≥+ F Form 183A—Revised,1902. T-CLAIM DEED.—For Sale by The C.F.Decoke Minna Book: ,.Co.,Denver,Colo. :3253 this Oeeb, Made this 20th day of March in the year of our Lord one thousand nine hundred and Twenty BETWEEN FRANK KAISER • • of the County of Weld and State of Colorado, of the first part, and COUNTY OF WELD Sta' 3f Colorado, of the second part, 1VITNESSETII, That the said part y of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideration sue, 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 B remised, released, sold, conveyed and QUIT-CLAIMED, and by • these presents do es remise, release, sell, convey, and QUIT-CLAIM unto the said part y of the second successor part, its ins and assigns forever, all the right, title, interest, claim and demand which the said part y of the first part ha S in and to the following described land situate, lying and being in the County of Weld and State of Colorado, to-wit: • A strip of land ten ( I0 ) feet in width off of the south side of the South East quarter ( S. E. I/1+) of Section 32, Township If, North Range 66 W. of the 6th P. M. for road purposes. • • 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 whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and sue sor behoof of the said part y of the second part, it ipats and assigns forever. IN WITNESS WHEREOF, The said part y of the first part ha B hereunto set hit, hand and seal the clay and year first above written. y//yp`� CV.i./ekvt.A /c4i.4.42 - [SEAL] Signed, Sealed end Delivered in the Presence of • I - .. -. _.. - _. ---[SEAL] r � ._._[SEAL] [SEAL] STATE OF COLORADO, ' / as. COUNTY OF 7/fLfj/L•C/L- I, 1C 'lti./_.._..•.• >'• .•�� C �..-1 in and for said Counts, in the State afore aid, do hereby certify that el �� � - � �.Y personally known to me as the person whose name subscribed to the annexed Deed, appeared before me this (lay in person J and acknowledged that -L. signed, sealed and delivered the said • instrument of writing as v free and voluntary act, for the uses and purposes therein set forth. / Given under my hand and seal, this _..2 a h day of '/ /..t.. e. I A. D. 19 ‘`,..)...0 My commission expired' : . .. • 19 /7 NOTAPY PUBLIC • I <h \ L o a c Ic' /1 4. N C : 'I 2 Cry E o 5 r r o !il F4 /^o p 'c--.; W `i! ^ y v r^ C q � 1 r' o G . v a ` �.t - ��. I 4 4t `mil UI IS i w IA 73 Wt w " F :. v O O J �" • \ l I T G O "' E' i April 13, 1j20. H. I.:. Siemann, Ft . Lupton, Colo. • ear Sir: Herewith enclosed check for 0l5.0G being return of deposit made on the H. oad Tp. 3 & 4 Nange GG, petition having been granted on _‘pril 10th as ISO d No. 744. Yours very truly, IIS/BT DEPUTY COUNTY CLERK, ACTIWC CLERK &GARD COUNTY OOPAMI!4 lQNNFRA, • OFFICE OF • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO H. M. Siemann Road Tps. 3 & 4 Range 66 Road No. 744 Greeley, Colo. , April 10th 1920 L,q, To Albert J. Koehler Esq. , Platteville, Colo. • Dear Sir: Enclosed find 3 copies of "Notice of Opening of Public Road", which you will please post up at conspicuous points along the _ line of Road therein described. You will please attend to this at once. Very respectfully, CHAS. E. LITTELL Clerk of Board. By, Deputy, L. •i. s:iaat,n;I•: ROAD 'PPS. 4 u. 4 66 Ei NO. 744 NOTICE OF THE OPENING of PU LTC ROAD -Notice-Is-Hereby-Given that the-County-Commissioners-of the-County of_ _ __ Weld will in sixty days from '"crzacb y 20th h 1920 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 Att day of I-al)„ A. D., 1920 , said road being described as follows, to-wit: Beginning at at, the w„ aoa-zecr of uect?oaa ;�2 p. w, : crew GC, thc..00 Let client; tom:chip ?lno une • f • ' And the said Commissioners do hereby declare the said line to be a public highway from and after said sixty days. Dated this 1 6 L11. day'of , A. D., 19 2O 11 By Order of the Board, .etc. k , ; ,. C . i ,Clerk of Board Ey Deputy ,(7G/7///// 323. ROAD-VIEW. REPORT.—For Sale by The C.F.Hoeckel Blank Book&Litho.a Denver,Colo. 3500, ROAD-VIEWERS' REPORT. To the Honorable Board of County Commissioners of - ;'e ld County, Colorado: GENTLEMEN: Your Viewers appointed on. the 10th - - they of February - 19 2010 riele o County Road prayed for in a c(rt0in petition presented to your honorable body on the above named day and dote, n copy of which has been reeeired by ns, vriz: Commencing at at the Si corner of section 32 Tp. 4, Range 66, thence East along township line one mile , Respectfully .submit the following report. to-wit: After receiving our authority to act, we met at the starting paint of said pro- posed road. on the 20th day of - February - - _ 19 20at the hour of 10 -o'clock A being the time (And place -specified in our appointment, and proceeded to view the rood prayed for in said petition, as follows: We commenced at the starting point named in said petition, and run _ as petitioned. the last named point being the terminus thereof, and the road as above laid out and viewed being over the most practicable route • which vre, in our.judgment, can find. We found it necessary to make the following changes in the proposed route as prayed for, °ne recommend the granting of said proposed rand upon the following conditions : That petitioners have said line surveyed to establish correct line ; that petioners remove trees from proposed roadway, and build fences on each side of road. de reccomend that said roadway be 40 feet wile , if granted upon above conditions . /C.^ ! ft fi (,% - 7- lr l _le' We hare caused to he surveyed and platted, and have herein embodied a plat of said road as viewed by us, and which forms a part of this report as shown by the following map: i 36 31 32 33 :34 35 36 31 v I; Q t ii 1 11 1i l; 5 4 :3 2 1 • u ! i 12 i 7 8 9 i 10 11 12 7 I .1 I .I T. I 13 1 1h 17 16 15 I 14 13 18 R. _....... ._ _ .. . .__. .._... 1• - !i 24 I 19 20 21 22 23 _'-1 19 .._-.......I -- _._. _. _ ._._ .... ._...__..._.._..._.__.._ __— 25 i� 30 29 28 27 i 26 25 3(1 Il I 36 31 32 33 34 35 36 31 I 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. la tabular form, as follows: DESCRIPTION OF LAND Damages Damaaggeese to reeidut Value of Amount of NAME OF LAND OWNER No. or Value of land and the Damaieein Part or width of ship taken Subdivision Sec. T'p Range acres of Land other Benefit.• eked'of taken Taken property Benefits • Vie are of the opinion that the damages account land taken by said road are more than offset by the benefits to be derived by adjacent land -- -owners, by by giving access to a proposed beet dump to be estahlisped near the middle of proposed road. L L . . We have taken the following Government Lands, viz: TI e have taken the following Railroad Grant Lands, viz: We have marked rnt 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 $ Blowing stumps , making fill, and grading , $300. • Which viewing we have completed this.. 20th day of____. _... -February 1920_ l Viewers. p i / -7 379466 ,`'- ROAD-VIEWERS' REPORT. Rol, ., .cEQot¢T e..'Tr Or COLOtADO, IN ;a• COiJ:!Y4f� W4!D Town ..Range. I H^--.sr •'veer.' vury Wm 1! 'TII ,t ,1 aSL- K<,5 PILED FOR ter CO.'D 1M KY I O*, AT r�V x e the C ._.__o'et,oc _ - PE 2 (, 1922 1. ♦a4 M ,q!!? Y.M M PI) D IM Fickhk n0. 19__ / ...— R County Clerk. C !��/jam/��/�ce- 1.21 • C� Presented to the Board of Commissioners' "A°"• ^�--' - APR101920 GoIored. �.., when the following action was taken and e: . + ':' , I7' entered of record, to-wit: r i. [.ri .� 192s,, • COM�SL�r s` 1 ,•,,-.„.,,,, ite rein. as well as vi, ',r 4 .'� to retail ! c '. heobjedipnsmulf; th.'reh), and Amiens'the ;s :'eport corral as to form and believing the ` V y ,, Public good requires the laying out of the �vr C4 roils recommended by tike viewers, i was -1. " _.___s.,_ on motion ordered that the report be- ap- V NJ proved and adopted, and the road thersine$ a - O- 7-1, described and recommended by tie viewer's be and is hereby declared a public highway;� The ark i.r&recta to record t lee report,plat ZT� - the road,dram warrants in favor of parties , for damages awarded, a'nd casse-notices to oM rr^n m na a'!II vl be posted of opening of said road,and notify T— tlte Road Overseer of proper District to often ' w t.,; aflame to.,,travel in silt, days ar requirr a, .r.:.,,,_• H1 Y y..��� l)(/ j : /-! rr—i jYW. 1,/.11 i i/+.../��.{ i vc; ,..a:•, W!a J.C.: w.i., rn .iPWaiv. (N y ........e...a.....,........... .50.. Ca T. E. ROWE, Chairman J. W. BIRKLE, A. F. PETERS, P. O. Address, Greeley. Colo. P. O. Address. Platteville. Cob. P. O. Address, Mead, Colo. • THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO CHAS. E. LITTELL, County Clerk and Clerk of Board MEETINGS OF BOARD IRA.I. SIDES. Deputy and Acting Clerk First Monday of Each Month JOHN R. WORTHAM. Supervisor of Roads and Bridges GREELEY, COLORADO, February 19th, 1923. halter h. Bliss , Count-7 Attorney, :Greeley, Colo . Dear Walter: rills Count:, wishes to put in a crossins over the Union P;;cific between ections 34-35, Township _iip Range hill yoa please make formal acolication to the Public Utilities Con_r° isc.ir,_I for this work? Very truly yours , John Sorthetn, 5Ui-_RVI ,OR FOADS ��- BUTTG1.S , At. By .71t1/J. e �� _, I OFFICE OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO H. P,1. SlEP,IANN ROAD TP. 3-4 RANGE 66 Greeley, February_19th,__/9/20. To__Albert _d._Kaeb1 er, Esq., Platt satinet Lola. `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 February OM, session. You will please attend to this at once. Very respectfully, CHAS2 E. LITTELL Clerk of Board. By - - Deputy. 4 • Notice of the Appointment of Road Viewers Notice is hereby given that 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 A.M., on — the 20th day of Febtaor , A. D., 19 2°' , and proceed thence to view the line prayed for in said petition, as follows,to-wit: Commencing at Tho section line between sections 5 and 32 of Township 3 and 4, thence running East one mile where it intersects with roach-between sections 4 and .00 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 10th day of Feb.•narg , A.D. 1920° . By Order of the Board. Care. E. LTTTELL County Clerk. By Deputy. j'o/Jyf� o/ 807 ROAD PET N—For Sale by The C.F.Hoeckel Blank Book&Litho.C. over,Colo. 2121 ROAD PETITION. & -To the Honorable Board of County Commissioners of -,moo" CountyCo%. GENTLEMEN:—We, the undersigned, Citizens of your County, respectfully represent that the necessities of the public require a County wagon road to be laid out as follows, to-wit: Commencing at ,Q,2 2.,: Li ' 6 3 a ..ice] $ p T' °_"°„� .;._.r.r�y.t.:L2_-L�YZ.p (L 3i./ � /nr /' 1 Je 23 . /` L -r` Cdr l` c • ��J i ‘.• . � d t f • Said road to be not less than sixty ( 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 laid ,out, in consideration of the sum of one dollar to us each and severally in hand paid by the said County of1 '�_ 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. 6Thf 77 / f _ i The said proposed line of road is more fully shown by the following map or plat to which reference is herein made, the same bei in TOWNSHIP i 1 NORTH RANGE K. WEST 36 31 32 33 34 35 36 31 1 6 5 4 3 2 1 6 12 7 8 9 10 11 12 7 13 18 17 16 15 14 13 18 24 19 20 21 22 23 24 19 25 30 29 28 27 26 25 30 36 31 32 33 34 35 36 31 1 6 5 4 3 2 1 6 As witness our signatures hereunto annexed, and followed by a description of our land this day of 19 SIGNATURES PROPERTY OWNED SUBDIVISION SEC. TP. RANGE � S . ROAD PETITION IN as Tolle'-' Range 9 Filed in the office of the County Clerk, #,`-- 19 County Clerk. "9"'"`d to a Board of County Commissioners • i (/ l 19.2/0 ''when the following action was taken and entered of !record,to-wit: `.,F l' �:/fierar1 . .- ,r, .%3t.crd that Ihr r szi �' ofMay for the li o d eyed for s .m,e, .a#Fgranted and% • hav2nj r _ . %A$rq.00 to tray the expense ojiriewtng in case said road h� not granted, o was r red that l e axd7hey -e hereby appointed vte₹uers to 5al4zProocloLJ. dey __1.tS_, and view IL, .l,. .feftt'6 ._ t .:.-odd herein prayed fGr'asitE;ylle tkrtr re/ort thereon, as required by law, with t'e Cosentyttenttess-daysbefvre-t4-next- T tar one,/ the Board. y c .... .. ..... :_ - -T-- is hereby a otitlt to past notices arc regal by law. /2 ...... r-/-- THE C OEOBEL B.B. 3 L.CO.DENVER (2, • February 4th, 1920 H. M. SIJ ANN ROD TPS. 3.4 RANGE 66 Recieved of H. Siemann a check for . 1 5.00 es a deposit to cover exense of viewing a propm ed road as des^ribed in a petition filed in this office tis da•-. DAM): Greeley, Colo. February 4th, 1920. Note; Mail notice: to Albert J . Koehl€,r, Plattevi.l , Co1or do. Hello