54 Years Ago
After a week of furious earth moving, during which a substantial quantity of dirt was dumped along the south bank of Clear Creek, the activity appears now to have ceased. The dirt lines the bank from near Illinois Street to a point midway between Cheyenne and Arapahoe, a distance of about one and a half blocks.
Golden Transcript – August 7, 1970
The land in question belonged to real estate developer Cliff Evans. While Evans refused to say what he planned for the newly-expanded property, rumors had been circulating that he wanted to build an apartment complex along the Creek. Most of the land was zoned R3 (apartments), while about 1/2 block, between Cheyenne and Arapahoe, was zoned C1 (commercial).
A year earlier, Evans had approached the City and asked that they relinquish the right-of-way that would have allowed Cheyenne, Illinois, and Maple Streets to be extended all the way to the Creek. The City kept a 50′ right of way at Illinois, but relinquished the right of way at Cheyenne and Maple.
After these interesting developments…nothing happened. The land remained unoccupied and overgrown with weeds. It also became a popular dumping ground for unwanted junk. Ten years passed.
The August 7, 1980 Transcript described Golden’s ambitious plans to build parks. They were particularly interested in developing parks and trails along Clear Creek.
In 1981, the Jefferson County Open Space Council offered Evans $596,000 for the 4.49 acres. That amount was based on the City’s appraisal. Evans refused, saying that he intended to develop the property, and that the commercial value was $1.13 million.
In 1982, Council voted to condemn the property and purchase it through eminent domain. Evans objected to the price the City and Open Space were offering. Eventually, Evans and his lawyers took the matter to court. The judge appointed a 3-member commission to appraise the property, and they agreed with Evans’ price.
If the sale took place, Jeffco Open Space would pay 25% of the cost and the City of Golden would pay the remaining 75%. Golden had the funds available, but such a purchase would completely drain the parks fund.
Council discussed the issue at an emotional meeting in October of 1982. About 40 citizens spoke in favor of the purchase, but Council voted not to buy the property. After that, a citizens group led by Hal Leith circulated petitions to hold a special election, allowing citizens to vote on the purchase.
Those in favor of the purchase felt that, although the price was high, property along the Creek was incomparably valuable and should be purchased at any price. Those opposed thought Cliff Evans was rich enough and they just didn’t want to give him all that money.
The December 9, 1982 Golden Transcript asked City Councilors what they wanted from Santa, and most of them said they wanted Cliff Evans’ land. Councilor Dick Sargent noted that giving was good for the soul, and if Evans would only donate the property, the City would gladly name the park after him.
The citizens group was able to gather the required 901 signatures, and a vote was set for April 5th. The citizens voted against the purchase, 764 to 363.
"I would love to see a park there," one man noted, "but that land is just too expensive." (Golden Transcript - April 7, 1983)
In the meantime, in March, Council approved a special overlay zone for land along the creek, requiring property owners to "dedicate the land to Golden for open space use." (Golden Transcript - March 15, 1983)
Evans sued the City "for trying to control development on his Clear Creek property." He won the suit, with a judge ruling that the City owed Evans $309,000 for "taking" his property rights and reducing his property value.
In the end (in 1986), the City decided to buy the entire 4.5 acre parcel for $1.4 million, rather than continue its legal wrangling with Evans.
37 Years Ago
This article appeared in the editorial section of the Golden Transcript on August 11, 1987.
We’re sorry
It’s time.
It has been too long.
There has been too much silence, or worse, too much whispering.
To Cliff Evans: Our sincere apology.
You owned land that was desired by the city. The city offered you too little money. Instead of upping the price, the city attempted condemnation. You took the city to court and won. The city got the land along Clear Creek but government ownership came at your price — not the city's.
You, no doubt, have long been disappointed in the city's action. You have a right to be.
But, it’s time to move on. The city erred. Let’s hope it learned. Let’s hope we all learned that government is not above the individual. If city government per se will not say it’s sorry, then we will voice what has been unsaid for too long.
We’re sorry. You deserved a fair deal from your own town.
In the 1990s, the City–with significant involvement by the Golden Landmarks Association–began developing the property as a living history park. The Pearce and Reynolds cabins, threatened by development, were moved from Golden Gate Canyon and reconstructed in what became the “Clear Creek History Park.” The Guy Hill School house (which had previously been rescued from Golden Gate Canyon) was added to the collection.
The park is now operated by the Golden History Museum.
Many thanks to Esther Kettering for sponsoring Golden History Moments for the month of August.
