HomeMy WebLinkAbout18860017.tiff 0
100/218 U . S . 34
see County Clerk Road
Book 48 page 278
7/15/1886 Petition to open road : Com-
mencing South end of Main
Greeet Greeley ; South -- mile ;
to NE corner Set 12 T 5 R66 ;
West 1 mile .
Viewers appointed . see Book 4 page 244
10/12/1886 Viewers report accepted .
Road declared open . see Book 4 page 285
3/14/1899 Regarding dam in NW4 Secl2
T 5 R 66 . see Book 8 page 357
6/17/1899 Dam inspected and approved
by Board . see Book 8 page 405
10/25/1948 Order to vacate alley in
Hunter ' s Addition NW4 ; Sec
12 T 5 R 66 . see Book 26 page 304
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1886-0017 /a %
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. RESOLUTION TO SIGN ORDER:
Upon motion duly made ans seconded, it was
RESOLVED, that the Board of County Commissioners of
Weld County, Colorado, sign anorder vacating a designated alley
20' wide in Section 12, Township 5 North, Range 66 West.
The order was signed by Commissioners H. F. Warren and
A. Wm. Hanson.
THE BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO.
DATED: October 23, 1948.
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800K1236 PAGE 290 RecorfCiaa25 948at J `' 0,2_P9.
Reception-4943894 Mn Spomer, Recorder
STATE OF COLORADO ) x
) ss. ORDER VACATING •
COUNTY OF WELD ) PUBLIC ROAD OR HIGHWAY '
.4 _
The Board of County Commissioners of Weld County, Colorado ,
having under consideration the petition of Joe T. Hunter and
Eliza V. Hunter to vacate the twenty foot (20+ ) road, alley or
public highway adjacent to and along the east side of Hunter
Acres, a subdivision of a part of the Northwest Quarter (NWj) . -- - - - ----
of the Northwest Quarter (NA--) of Section Twelve (12) , Township
Five (5) North, Range Sixty-six (66) West of the Sixth (6th)
P. M. in Weld County, Colorado, as platted by the plat recorded
in map book 7, page 52, Weld County records, and being satisfied
. that petitioners are free holders and are owners of more than
two-thirds ( 2/3) of the land adjoining the road or highway sought
“ to be vacated; that said road or highway is all within Weld County,
Colorado; that no land adjoining said road or highway will be
` e,)
left without an established public road connecting said land with Zi. another established road; that said road or highway has been
,` dedicated .to the .public,__.andbeing further satisfied of the
sufficiency of said petition:_ does order and declare that said
- road or highway be, and the same hereby is vacated.
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October 23, 1948.
.Board of County Commissioners _ _
Weld County, Colorado
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STATE OF COLORADO ) •
)as. • , . ORDER VACATING
COUNTY OP VELD ) PUBLIC ROAD OR HIGHWAY
The Board of County Commissioners of Weld County, Colorado,
having under consideration the petition of Joe- T. Hunter and
Eliza V. Hunter to vacate the twenty foot (20r ) road, alley or
public highway adjacent to chi along the east side of Hunter
Acres, a subdivision .df a part of the Northwest :quarter -(N.C1)
of the Northwest carter (N4) of Section Twelve (12) , Township
Five (5) North, Ilan,so Sixty-six (66) 'Frost of the Sixth (6th)
P. L. in Weld County, Colorado, as platted by the plat recorded
in map book 7, page 52, Vdold County records, and being satisfied
that petitioners are free holders and are owners of more than
two-thirds ( 2/3) of the land adjoining' the road or highway sought
to be vacated; that said road or highway is all within Weld County,
Colorado; that no land adjoining said road or highway will be
loft without an established public road connecting said land with
another established road; that said road or highway has been
dedicated to the public, and being further satisfied of the
sufficiency of said petition does order and declare that said
road or highway be, and the same hereby is vacated.
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C', (1)�, F \ Board of County Commissioners
fv \ Li,/ -4)„ Weld County, Colorado
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STATE OF COLORADO) - -
) ss: - PETITION TO VACATE
COUNTY OF WELD ) • A PUBLIC ROAD OR HIGHWAY
TO THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY COLORADO:
The undersigned hereby petition the Board of County Com-
missioners of Weld County, Colorado, as follows:
1. To vacate the twenty foot (20t ) road, alley and public
highway adjacent to and along the east side of Hunter Acres,
being a subdivision of a part of the Northwest Quarter (NW 4)
of the Northwest tivarter. (IW*) of Section Twelve (12 ) , Township
Five (5) North, Range Sixty-six (66) , West of the Sixth. (6th)
Principal Meridian, in Weld County, Colorado, as platted by plat
recorded in Book 7 of maps, page 52, Weld County records.
2. The petitioners are free holders and are the owners of
more than two-thirds ( 2/3) of the land described in the petition
and adjoining. the road or highway sought to be vacated; that -
petitioners are the owners of all of said land.
3. That said road, alley or public highway is all within
Weld County, Colorado. _ - -
4. That no land adjoining said road, alley or public highway
will be left without an established public road connecting said
land with another established public road.
5. That said road, alley or public highway was dedicated to
the public by the plat recorded in map book 7, page 52, Weld County
records.
.. - Dated at Greeley, Colorado, this /� day of October, 1948.
Joe T. Hun er
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Petitioners
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2287.—flier.Cute,Tiopw R Co.,,w.rteoners,118 L....120 Monroe Street,Chicago.
ROAD-VIEWERS' REPORT.
To the Honorable Board of County Commissioners Weld County, Colorado :
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GENTLEMEN :—
p' Your viewers appointed on the 15TH. day of JULY
18.Q 6 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 us, viz.: Commencing at*
A P01 NT 0 N
THE CONTINUATION OF MAIN STREET tN THE -TOWN OF GHteL Er, WHERE THE
SAME INTERSECTS THE RANGE LINE BETWEEN RANGES 65 8 66 WEST, THENCE
SOUTH ON SAID RANGE LINE SOME FORTY RODS TO THE NOTH EAST CORNER 'I
OF SECTION 12 TOWN 5 N. R. 66 W. : THENCE WEST BETWEEN SECTION I AND
12, ONE MILE TO THE NORTH WEST CORNER OF SECTION 12 TOWN 5 N. R. 66 W
Respectfully submit the following report, to�7:it: After receiving our authority to act, we met at the starting point of
said proposed road, on the as day of 18t_at the hour of/e o'clock ,M.,being the
time and place specified in our appointment, and proceeded to view the road prayed for in said petitio , as follows:
We commenced at the starting point named in said petition,and runt Uze t e. Z e v ad( 06-4--e-n-44-42(,
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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 our judgment can find. We found it necessary to make the following changes in the
proposed route as prayed for, viz.4
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•Description of Road as prayed for. / rJ p/2 /
Description of the Viewing.
State the changes,if any;if no changes have been made,erase this sentence. // /,(/� —
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We have caused to be surveyed and platted, and have herein embodied a plat of said road as viewedus and
which forms a part of this report as shown by the following map:
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36 31 1 32 33 34 35 36 31 .
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1 6 5 •
44 3 2 1 6
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12 7 -8 i 9 - 10 1 . 11 12 7
13 18 17 16 15 14 ; 13 18 •
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24 19 20 21 22 23 24 19
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25 30 29 28 27 26 • 25 80
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' 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: k°;'
nc DESCRIPTION OF LAND. Damages to Amount of
a? Damages, residue Value of Damages in
NAME OF LAND OWNER. , w„,.sr9?br o{WU,of of land and Beasts Damages
of
�.: r3 t / Part or width of strip taken. Subdivision. Sec. T'p. R'nge. taken, prother • Benefits.
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...41.e.,AL 'MX a•1def". 0 if .1. .1 ''t 71,11, 3.1/g • to •• "/i titA,ti .'e,ti.e I
Vi.'.r/Z%o:i. 4.e/: < . ,'/ . t.„(.I O M .t. ..t• •f1 2.1 /[41/ v, • ., /%// gaPf'r
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We have taken the following Government Lands, viz.: _ _ Agzy (M.e
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We have taken the following Railroad Grant Lands, viz •
04 -+ ked road.
We estimate the probable cost of opening said road to travel to be$44 �
r‘es ad-E.4 trere.-4-td-e-r-e ae-rnila
Which viewing we have completed this__ _ _ ____ _ _ _ ____dap of 18 0 (I
I- VIEWERS.
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IN
ROAD-VIEWERS' REPORT.
Town _._ Range 6[2 . -
SFiled in the office of the County Clerk,
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Presented to the Board of Commissioners -
("-PG l 18x 222a
when the following action was taken and C^L rp o.
entered pi cord, to wi.t ,� �, `
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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 an assessment of the damages and benefits accruing to the owner of any of the lands over which the same may pass by reason of the location thereof,and
the probable cost of opening such road to travel;said plat and report to be returned by said viewers into the office of the county clerk on or before the first day of the next regular meeting
of the board of 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 county clerk with hie 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 most practicable route that they,in their judgment,can find;and in their report,which must be
signed by at least two of the said viewers,they are to embody a plat of said road or changes they have made,and to make return thereof to the county commissioners within tan days after
such view is completed.
Sactsox 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 these damaged by the same. Those
who are damaged shall receive a warrant on the county treasurer for amount of damages in excess of benefits awarded in said viewers'report,and the said viewers shall receive a warrant on
the county treasurer for their services for a sum to be fixed by the county commissioners,not exceeding five dollars each per day for each day's service rendered and ten cents a mile each,
for each mile actually traveled from their 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
compensation for a full and complete report and plat of the road laid out or rejected by the said viewers;and any person appointed a road viewer,and duly served with a warrant of such
appointment,who shall willfully refuse or neglect to act,shall forfeit the sum of ten dollars to the county,to be recovered by action of debt before any justice of the peace.
Secretor 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,be shall have power to fill such vacancy as exist[exists]and proceed to the view of said road.
SECTION 12. The viewers appointed shall designate and mark oat such road or roads as they may locate or lay out,either by stakes or turning a furrow on each side of the said
proposed road on prairie land,or by blazing trees or other appropriate land marks in wooded or mountain districts.
SECTION 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 iherof over the benefits
accruing by reason of the opening of such road,shall be deposited and set apart to such owner or owners in the county treasury,and such deposit when made shall have the same effect as
a payment.
SECTION 15. In laying out any road under the provisions of this act,it shall not be lawful to locate the same through any dwelling house nor within thirty yards thereof,nor
through any barn stable,office,mill or other building,nor through any garden,orchard vineyard or stable yard appurtenant to any dwelling house,without first obtaining the consent of the
owner or owners of ouch premises.
Extracts from Eminent Domain, Page 396, General Laws of 1877.
SECTION 1. That private property shall not be taken or damaged for public or private use without just compensation; * * * * * * * e * *
Samos 17. In estimating the value of all property actually taken,the true and actual value thereof at thetime of the appraisement shall beallowed and awarded,and no deduction
therefrom shall be allowed for any benefit to the residue of said property;but it,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 value of all property
actually taken,and in case the benefit to the property not actually taken exceed the damage sustained by the owner to property not actually taken,the owner or owners shall not be required
to pay or allow credit for such excess.
Szerma IS. 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 laud or property;and
Fourth—The amount and value of the benefit.
COLO.—(2888.)—Paver,Page,Rayne&(b.,Stationers,118 and 120 Monroe Strou,Chicago.
ROAD PETITION. .
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To the Honorable Board of County Commissioners of Weld County, Colorado:
GENTLEMEN:
We, the undersigned, Citizens of your County, respectfully represent that the necessities of the publw
require a county wagon road to be laid out as follows, to wit : Commencing at
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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 ley e/p._ ( e
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The said proposed line of road is mare fully shown by the following map or plat to which reference is:herein
made, the same being in
TOWNSHIP NORTH_ __ RANGE WEST
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36 31 32 33 34 35 36 31
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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
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25 30 29 28 27 26 25 30
L36 31 33 34 I 35 r 36 31 32
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- As witness our signatures hereunto annexed, and followed by a description of our land this
day of 18 .
SIGNATURES. { PROPERTY OWNED
' Susnnasmx. . SEC. 'Pr. RANas.
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ROAD PEt•
ITION
IN
Town Range-•
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Filed ' the office of the County Clerk,
- -� 'cr 18dc�
Presented the Board of County Commissioners,
18ACo
when e following action was taken and entered of
record, to wit:
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