Niwot Cemetery gains better access

The Niwot Cemetery, located at 7251 Nimbus Road across the road from the Left Hand Water District offices, was created in the late 1800s when early pioneer Jerome Gould deeded the approximately 2-acre site to "the inhabitants of the Town of Niwot and the vicinity thereof" for use as a cemetery.

The Niwot Cemetery Association (Association) was formed and bylaws were adopted on January 4, 1884, and the Association has managed the cemetery ever since. Now, over 140 years later, the cemetery has gained improved access to the site.

Although the actual cemetery parcel boundaries have not changed, access to the cemetery is now improved, thanks to the generosity of Doug and Mimi Lyle, who own the former Jerome Gould property surrounding the cemetery on three sides.

Working with the Association's board of directors, the Lyle family donated easements to the Association on both the west side and the east side of the cemetery, granting access to the cemetery over the easements, rather than through the cemetery itself. The eastern easement also allows for parking by visitors to the cemetery, which has always been limited for graveside services and Memorial Day visitors.

For many years, the Niwot Cemetery Association operated as an unincorporated association, managed by descendants of early settlers buried there. Burial plots are limited by the bylaws, which state, "It shall be the policy of the Association to make burial lots available for purchase only to those persons who have lived in the Niwot community for at least 20 years, or who are related by blood or marriage to persons buried in the Niwot Cemetery." As a result of the limited size of the parcel, burial plots are not currently available.

According to the www.historycolorado.org website, "After a mid-20th century period of inactivity, the association was reactivated in 1985, and its members continue to actively maintain the cemetery." In 1999, the Association wanted to apply for a grant to improve the sign and fencing at the cemetery, but legal ownership of the parcel had to be established first.

Since the cemetery property was originally deeded to "the inhabitants of the Town of Niwot and the vicinity thereof" and the "Town of Niwot" was unincorporated, it was impossible to determine who actually "owned" the cemetery.

So the Association began the process of becoming the record owner of the cemetery. On March 30, 1999, exactly 124 years after the original plat of Niwot was recorded, the Niwot Cemetery Association was incorporated, with Nancy Hindman, Marjorie Cito, Elmina Iams, Beverly Scobee, JoAnn Bell, Ernest Simkins and Naomi Tilbury as the board of directors.

The stated purpose was to "own, manage and maintain the Niwot Cemetery." The Association obtained a quit claim deed to the cemetery parcel in 2000 from Geraldine and William Copley, who owned the former Gould property at the time, just to confirm that they made no claim to it.

The Niwot Cemetery Association then commenced a quiet title action in Boulder County District Court, and based upon evidence that the Association had maintained the cemetery for much longer than the 18 years required by Colorado law, the court entered an uncontested decree that the Association did indeed own the cemetery, and the decree was recorded in the county real estate records on April 25, 2001.

Following William Copley's death on Dec. 31, 2017, his estate sold the property adjacent to the cemetery to Doug and Mary (Mimi) Lyle on July 1, 2020.

Orin Hargraves of Niwot, who serves as president of the Association, explained that the easement areas would allow the cemetery to eventually relocate the access roads, which now lie on the cemetery property, onto the easement areas.

Hargraves said, "Work done in 1999-2000 allowed the cemetery to be designated on the State Register of Historic Properties. While there are empty spaces in the cemetery, the ones currently mapped were all sold long ago. We have not had any lots for sale for decades. Owners of the plots may come forward at any time when they are ready to use one. We are still contacted, at unpredictable intervals, about an imminent burial. The most recent one was earlier this month (February)."

The Lyles will continue to use the easement areas to access their farmland surrounding the cemetery. The eastern easement can also be used for parking when a graveside ceremony takes place at the cemetery or when family members visit the cemetery to visit the graves of their loved ones. For further information, Hargraves can be contacted at okh@orinhargraves.com.