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City, couple make amends on trail's land


Sunday, October 25, 2009

The city of Grand Junction and a Redlands couple apparently have settled a dispute over ownership of a piece of land where the city intends to build a trail.

City Attorney John Shaver said the city will proceed with constructing the trail — but change the alignment — and may deed whatever land isn’t included in the trail to Carl and Sharon Pellam.

The half-mile Lower No Thoroughfare Trail will provide a connection between the Colorado Riverfront Trail near the Broadway bridge and Monument Road. It’s proposed to be built along the northwest corner of the Pellams’ land.

City officials and the Pellams had been in disagreement over who owned land at or near 422 Rosevale Road, a roughly 5-acre site where the Pellams live.

The Pellams claimed they owned the land based on surveys and the fact they have been paying taxes on it. Their attorney argued the city acquired an easement and right of way on the property but not so-called fee ownership, which would give it total control over the land.

The Pellams also contended the trail would consume nearly an acre of their land and force them to relocate their driveway and horse corral.

Shaver, though, pointed to a 1933 court decree that made it clear the Redlands Water and Power Co., which owned the land before it was deeded to the Colorado Riverfront Foundation and, eventually, the city, had full ownership.

Shaver said he and a city property committee met with the Pellams and agreed to move the trail alignment farther away from their home. He said the trail will not interfere with the Pellams’ driveway or corral.

“It is my understanding (the Pellams) will accept that location,” Shaver said.

He said the property committee signed off on a plan to ask the City Council to approve deeding the balance of the property to the Pellams.

Sharon Pellam couldn’t be reached for comment last week.

The city’s contractor is clearing brush and placing stakes to determine the final alignment of the trail. Construction should begin this fall.

Email MIKE WIGGINS

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