HomeMy WebLinkAbout18810027.tiff 41
100/132 Now Vacated
see County Clerk and
11/30/1881 Petition to vacate road on Recorder Book 48
West line of Silt : Sec 2 T 2 page 232
R 68 and relocate as follows ;
Beginning at NE corner of 4 Held
1011/1882 SWj : thence South 1- mile . — see Book 3 , page 47
3/9/1882 Letter from landowner.
1/22/1883 Viewer ' s report recommends
favorable . Granted
see Book 3 page 150
4/16/1895 Petition to vacate road ;
Commencing at NE corner of W -SWj;
thence South mile .
2/8/1896 Ordered Vacated . see Book 7 page 266
Recorded in Book 48
page 232
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430. The 6ezetU'r\ng Co.,Printers and Manufacturing Stationers,Colorado Age,Colo.
M_
STATE OF COLORADO,
• 85.
COUNTY OF WELD.
At a meeting of the
Board of County Commissioners forth id Weld County, Colorado, held at the
Court House,in. Greeley on Saturday ate eighth
day of February A.D. 189. 6 ,there were present:
Hon.H. J.Parishz Chairman,
" J.S.Newell, Commissioner,
" Jos.E.Painter,
----- County Attorney,
L.C .Mead, Cleric,
By J.L.-Phiilipsr Deputy,
when the following proceedings,among others, were had and done,to-wit:
the matter of Vacating County)
oad in Sec .2 TP.2 N.R. 68 W. i
A petition signed by J.W.Bacon,M.J.
Duncan and 14 others asking the Board to vacate and abandon the count
road commencing at the Northeast corner of the WO of the S.W.1/4 Se
N.R. Q8 Vend running thence South one half mile to the South
line__of___said__sacti_an,wa_s-_preaented to the Board ! :en the following ac
ion--waa--tak-e-n-.anti---ente,red--nf__ recnrd,_t_onwi_t : -
The__BAar_d_.haming___c_ar_e full
sans-idered---the--Asti.t,ian,-and--believing_the__publ ie--gn_od__doaa__nnt__r_equir
a-id--r-aadrit---was_o_n--mo_t-ion__ordere_d_-that__-the__prayex__or_the__D_etitionere b
granted_snd__the__road__above__daaariberl__he__and__is__hfr_eby__deQiared vacate
eled--e-randened--f room-anil--af-t e-r--th-i-s--da t€.--Thu---Gler-k--}s-rki rec tsd--to---net.i
-the--Road--IIuorse-er---o-f--the--p-r-opsx _d istr-ic t--ta--close-sa.id-_roa.d--to--itr_ase.l
-at---once_.
_- STATE Q_E__COT.(L _D_
. ss. — - -
COUNTY OF WELD. L.C .MEAD
I,.
County Clerk 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 proeeeeti eega;of the Board of County Commissioners for said W2LD County,
noiefirMa ce. ,
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
GREELEY
- seal of said County,at this
15th. --day of February A. D. 18
Co ty erk.
Per. eputy•
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ROAD VIEWERS REPORT.
To The Honorable Board of County Commissioners of Weld County, Colorado :
GENTLEMEN:—Your viewers, appointed on the. /� -> day of
18 8'2 to view a county road prayed for in a certain
petition pres ted o your Honorable body on the above-named day and date, a copy of I
which has been received by us, viz.: Commencing at* ? (2,. t-vi
.,L� _ ,-t-e )//� �7 2 2a d 0 rrJ2v-a-
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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 J/ day oft .n� -4/L
18 8-,Y4 at the hour of ft _o'clock_ a_fit., being' the time and plat specified in our
appointment, and proceeded to view the road prayed for in said petition, as f llows: We
commenced at the starting point named in said petition, and runt .�dsr x�...% . .
„att. zco,-ri -e. <,.
tee-ce 7/. J 2 7t 7i' 6 Er w
_t_
*Description of Road as prayed for / —7
TDeccription of the viewing.
/J _ '>
The last named point being the terminus thereof, and the road as above laid out and
viewed being over the most practicable route which we in ourjudgment can find. Wie,
found it necessary to melee tko following chance oo its the broposcd route-ae,prayedfor,vk:*
•
•
S'e hawo eaaood to bo ears yodd 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:
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III C t g .1 d1
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i
7 f 11 11 ll,
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T i
18 - -'17 - 1-5 Ii — -IT
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18 20 24 2ro29 221
z0 26 33 2; :y. 2,
4l 32 33 84 tai 3G
We have taken into account all the damages and benefits to land owners arising
from the laying out of said road, and repert in tabular form, as follows:
Name of Description of Land. Damages to Am't of
Land Owner. Part or width of strip taken. Subdivision, Sec. T'p. 1.' ge. o-a'a Damages.
of reeaandeottfhe'd Value of the drags in
f
aken. benefits. ben
and taken. property. benefits.
�01144 C4 .A 47fli 2 2 c,r
d
We have taken the following Government lands, viz:_.
We have taken the following Railroad Grant lands, viz: _
We have marked out the line of said road as located by us by turning a furrow on
each side of said proposed road.
We estimate the probable cost of opening said road to travel to be ___.__._..............__._..
Ci
reserDr 4- / T &tom,
Which viewing we have completed this /4f1day of GZG� ..181 3/
2-..,. ... ..__ _..
VIEWERS.
•State the changes,if any;if no changes have been made,erase this sentence.
t Space for remarks. At—S?
-47,2 yric=_
Road Viewer's Report.
IN
Town Range. ((-
Filed in the office of the 2,,unty
Clerk cum Al— 18_
,8 e
Presente t the Board of Com-
misssiooners 'Y�Y� tx
B\.7 .. g ,
18._ ._wh he fo win action was PTA= OP COLOEADO, -, /
Count (IF WIELD. 8".
taken and entered of record, to wit:
1 hereby',artily that this in- '
o
slrunsant was ad for nrcord
. . .. �xte_te - in y office, r ( o'edoo ,
G� ' At, guff ,-9-
4/ $a$m .18.2., is ditty recorded
in bobook./ s silt. 9c za
\,.. _
order./� ,/
FEES, $ 4 -�e� y��
i
HERALD gtlntmg.na 8leetmtypmq Heeae,Oman..
Extracts from Road Laws, Page 788, General Laws of 1877.
SECTION 5. The clerk shall issue a warrant directed to the viewers appointed,setting forth their appointment,and requiring them to meet at the day
and place named by the board of county commissioners,and to proceed thence to view and locate such road,and to survey or cause the same to be surveyed
and platted,and to return the said plat, together with a full report of their viewing,and au assessment of the damages and benefits accruing to the owner of
any of the lands over which the same may pass by reason of the location thereof,and the probable cost of opening such road to travel; said plat and report to
be returned by said viewers into the office of the county clerk on or before the first day of the next regular meeting of the board of county commissioners; such
warrant shall be delivered to the sheriff of the county to be served,and the sheriff shall serve the same by delivering a copy thereof to each of the viewers
named therein. The original he shall return to the connty clerk, with his endorsement of service. Any person appointed a road viewer,and duly served with
such warrant,who shall willfully neglect or refuse to act,shall be liable to a fine of twenty-five dollars,to be paid to the county,to be recovered in an action of
debt before any justice of the peace of the county.
SECTION 6. It shall be the duties of viewers of all public highways within this State,after receiving their authority to act,to meet at the time and place
specified in the notice of their appointment,and proceed to view the said road prayed for in the petition,(a copy of which shall be furnished them by the board
of county commissioners),and commence at the point of starting named in the petition,and run out said road to the terminus by the mostpracticable route
that they,in their judgment,can find; and in their report,which must be signed by at least two of the said viewers,they are to embody a plat of said road o r
changes they have made,and to make return thereof to the county commissioners within ten days after such view is completed.
SEC. 9. It shall be the duty of all viewers of public highways,in addition to the duties defined in section five of this act,to take into account all the
damages and benefits arising from the laying out of any public highway,and report fully thereon,assessing the benefits accruing by such laying out or change
and awarding those damaged by the same. Those who are damaged shall receive a warrant on the county treasurer for amount of damages in excess of
benefits awarded in the said viewers report,and the said viewers shall receive a warrant on the county treasurer for their services for a sum to be fixed by the
county commissioners,not exceeding five dollars each per day for each day's service rendered and ten cents a mile each,for each mile actually traveled from
their usual place of residence to the proposed road they are to view,and in addition to the above amount,the surveyor shall receive ten dollars as full compen-
sation fora full and complete report and plat of the road laid out or rejected by the said viewers; and any person appointed a road viewer,and duly served
with a warrant of such appointment,who shall willfully refuse or neglect to act,shall forfeit the sum of ten dollars to the county,to be recovered by action of
debt before any justice of the peace.
SEC. 11. In case any person appointed a viewer shall refuse or be disqualified to act or cannot be found,the other two viewers may supply such
vacancy,or if only one of said viewers appear after such notice being served,he shall have power to fill such vacancy as exist[exists]and proceed to the view
of said road.
SEC. 12. The viewers appointed shall designate and mark out such road or roads as they may locate or lay out,either by stakes or turning a furrow
on each side of said proposed road on prairie land,or by blazing trees or other appropriate land marks In wooded or mountain districts.
SEC. 14. If the owner or owners of any lands over which any such new road is located be not known or cannot be found,the damage or the excess
thereof over the benefits accruing by reason of the opening of such road,shall be deposited and set apart to such owner or owners in the county treasury,and
such deposit when made shall have the same effect as a payment.
SEC. 15. In laying out any road under the provisions of this act,it shall not be lawful to locate the same through any dwelling house nor within
thirty yards thereof,nor through any barn,stable,office,mill or other building,nor through any garden,orchard,vineyard or stable yard appurtenant to any
dwelling house,without first obtaining the consent of the owner or owners of such premises.
Extracts from Eminent Domain, Page 396, General Laws of 1877.
SEC. 1. That private property shall not be taken or damaged for public or private use without just compensation; * * * * * * * * *
SEC. 17. In estimating the value of all property actually taken,the true and actual value thereof at the time of the appraisement shall be allowed and
awarded,and no deduction therefrom shall be allowed for any benefit to the residue of said property;but in estimating damages occasioned to other portions
of claimant's property,or any part thereof other than that actually taken,the value of the benefits,if any,may be deducted therefrom;provided,however,that
in all cases the owner or owners shall receive the full and actual inane of all property actually taken,and in case the benefit to the property not actually taken
exceed the damage sustained by the owner to property not actually taken,the owner or owners shall not be required to pay,or allow credit for such excess.
Sac..18.. The report of the commissioners or the verdict of the jury,in every case shall state:
�., First—An accurate description of the land taken.
Second—The value of the land or property actually taken.
Third—The damages,if any,to the residue of such land or property;and
Fourth—The ahoant and tame of the'benefit. •
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