HomeMy WebLinkAboutcoa.Herron Park.Civil Action No. 3483 1�1��:n '!}j ii}c1CF
pF ASf'�►� ....Y
IN THE, P7 i f:.Ir.i cO;N... .fir; AND FOR u�/.Y..lZ.,�•
PATE
THE COii,vT;' PC'l.`;<.��:i; �`,�iD � ,� �,✓►' ' .
STATE 01 CGL('jI,hDO
Civil Action N-)- 3483
G.
F. BUC,1u;iti'AN and JEAN FPANCi:S I;li.IiA�':aIQ, j
- - —. - / :laintiffs , )
JUn_GI"' '
-vs- )
SO?,1PATED i'SIivT.`.;i: CO, , •'; c.. . �1 red )
Colorado Corporz.tion *.o;�ose i � •� I ;:cs,,,,; roizr.d )
. s were: B. C .AI �: A. D. ) J.
o f I� , +mac )r
AKLO�'~i 11'
for t;
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Liir './T �`.Jit.Zv, c. i:ill^1C.1.Ei.1
ate II`:;�=i�` i C}; i:i 1., Crullt' ; . Y�asur.er
cra
corp ; J. )
of t t,, County of pltM.n Cc�t:.l�t Y, Colorado;
A AT '( U <i.l�Uvii`i YlJK>OIVJ ►^3'rIC CTa.��.i, tl ;i INTEREST )
-ail J i-i�L
IN THE SUr)jECT MIATZER OF ,.hTS A.C,,10 ', )
�LiEcilCif3ilts. � .l.,i
Tt;P G<<iial-'S of action arc scat .forth in the compYai.�L hied in
this action. In the first cause of action, the plaintiffs allege
titut they are the owners of and in possession of the three tracts
OIL land designated as Tracts A, B, and C, and that title to said
.4
property should be quieted z: the plaintiffs. The second cause of
action relates only to Tract C and asks that the City of Aspen
be •-cqu— red to issue a deed to plair," ffs for the lands described
in TrFCt C under the pxovi slops of Cita}�ter I40 , Colorado Revised
S>✓a�ut�: , 1953 , and the applicable federal statutes: relating' to j
- tos�nsitc tr.tries, _. -� ;
The defendant City of Asper. answered, putting in issu ' the
i
allegations of the complaint an ' claiming to be ':h owner oL �
Tract C. The City of Aspen also in its answer claimed that the :
• f
clescril�tion of Tract C was in error and that Tract C did not
extonu across the bed of the Roaring Fork River. By cross-claim
the'. cicrondant City of Aspen askr.d. that title to Tract C be quieted
e -
in Chi'_ Clefcn n
d<' t City of As},l'n
No other defendants appeared in this matter.
\To testimony was i.nt,oduced by the defendant in opposition to
nlatatir.fs" claim of ownership and possession of Tract A,' and the
Court finds that the plaintiffs were and are the owners and in
nossession of, Tract A, and that Cit3-e to said Tract A should be
quieted in the plaintiffs.
As to Tract B, there was no evidence produced in opp6siti.on
to the plaintiffs ' claim of ownership and possession of Tract B,
but there was testi.moay-ur1" oorh sides as to whether the southeasterly
boundary of said Tract B was the high water line on the southeasterly
Tani: of the Roaring fork River .or the 'nigh water line on the north-
weszcrly bank of the Roaring For' liver.
Plaintiffs' Exhibit- T) was accepted in evidence, and this was
a 6c.. d from A. E. Robison, riayoz of the City of Aspen, Colorado,
Trustee for the East Aspen Additional Townsite, to G. E. and Jean
'r`rances Buchanan. This deed describes lands lying in what has
been designated as Tract B, and in particular Lot 10 , Block 3,
Aspen Replat of the IIWhes Addition. So far as is material to
the determination of Tract B, this description states as follows:
"All of Lot- 10 , Block 3, East Aspen Replat, Hughes
Addition, descr:�-bed as rollows : Bounded on north
and west by Deed No. 5245 from Denver and Rio Grande
Railroad to G. E. and ,lean Frances Buchanan, and on
the east and south by the high water line of the
Roaring Fork River, as shown on plat of entry by
Mayor of Ashen of East Aspen and Hughes Addition in
Sections 7 and ln,. To,vnship 10 South, Range 84 West,
of the nth principal meridian."
Piaintlii' COtlt:C?nt::.On 1S L':l,-:t. i:tlC' '(11gh Water line YE' f'"CTi'_(;
zo 7.11 tilt: del ;cription is Lre Cilhtl �drlt:t'r line on the Sol] torly
f;j �jr: (>{' the h0•aYtnf; t'OCiC t�1.Vc.'1" , '7I;k1.c the defendant's contention
i the hid;h water ?.inc r_c for. red to is the high water line
on the northwesterly Side of the j,"nari.ng Fork River..
he plat of entry by t_lle ;tayor of Aspen was introduced in
eviden E ce as Defendant's xh—j.1it tic,, 1.4. An examination of this
,nrlt� thogs the southeasterly bnvnd�;ry of Lot 10 as being bounded
on the southeasterly side by the hi.rh water line on the northwesterly
side of the Roaring Fork Fiver.
�e p:taintiff G. E. Blzcllanan urnis:ied the description used
in tale deed from the Mayor and Trust:oe (Plaintiffs ' Exhibit D) .
Tile Court finds that -Tract B is bounded on the southeasterly
sides, by the high water line c>21 the noxtilwesterly side of the Roaring
rorit :;ivr�r,
and that Tract B does not extend across the roaring
Fork River to the southeasterly baa'K thereof, with the exception
that an island in the Roaring Fork River lying east of Lot 10 and
the fortr:r right-of-way o.`. the Denvcr and Rio Crande Railroad, and
west of the lands described in Tract: C, is included in Tract B.
V,*4tll the correction .of the description herein noted, the
Court finds that the plaintiffs are the owners of and in possession
of Tract B, and that title so said "tract B should be quieted in
the plaintiffs.
As to Tract C, the defendazlt City of Aspen claims ownership
01: this tract of land by reason of patent from the United States
of America for townsite purposes, and also by reason of conveyance
from john L. Herron (Defendant's .:.chibit 10) to 6e City of Aspen
r,f all of said lands ) excepting; and reserving to Sohn L. Herron a
:S
` J •
parcel of land kno,m as the Hens:y Clay Lode Mining Claim,
All of the lands clai.-m,2d b,, the plaintiffs , except such
;..:»cis as were conveyed to them by dcod, came into possession of
L1112 P1ai.ntiffs merely t,y occuh�'"ion of said lands by the plaintiffs .
Then, when patent was issue" vo the City of Aspen on this land
f,ir tofrnsite purposes , the plaintiffs requested the deeds from
the City of Aspen to the lands which the plaintiffs claimed to
lvlvo possessed prior to Lh<- issua,11ce of the patents to the City
o%' Aspr!n. Deeds were issued by the City of Aspen to the plai Li-rfs
lot the lands descri.bee; jj.'*41 Ticac A and B, but the City of Aspen
ii?LL33'�U 40 issue a deed to the i ids_ de-Scribed in Tract C , as
the City of Aspen claims the plaintiffs were not in exclusive
possession of said lands and that John L. Herron, at the time of
the e;cecution of all deeds to the City of Aspen, had the sole right
of possession of said lands.
After claiming poasessi.on of the lands in Tract C since
1952 , the plaintiffs filed an application to lease (Defendant's
);h 'ai . 2) these lands from the United States ; but on May io, 1957 ,
the application was refused as said lands had been classifi_ed .as
suitable for townsite purposes or were located on patented mining
claims or were otherwise alienated.
The plaintiffs ' claim to possession of the lands in Tract C.
was supported by testimony to the effect that plaintiffs had been
i•r, possession of Tract C since 1952; that they had pastured horses
on Tract C in 1952 and 1953; that they had repaired fences, on said
tract; that plaintiffs had built a corral on Tract C in 1953; that
nor the corral and fence they expended $47.50; that plaintiffs
rented pasture on Tract C to' others ; that from '1952 to 1958
rented out horses w:;i.cil �,crc pastured on Trnc_t C ;
there 4:C1' ' piece:; of tc•ncc: on Tract C when plai.rlti.ff';
posses.,i on wilich Inter repaired.
File City of Aspen cl o i.m., t i t l t.o the lands in Tract C by
r�a5c7n of the patent for townsi.te purp^ses, and a quitclaim clec:-d
t-otn Jnhij L. Herron to Mayor of the City of Aspen (Defendrint' s
10) . John L. Iierron clal l-1-end the tight of possessi.cn of
-
serf:ce �r
of the lands in :c:jct C •:tndi all minerals i. d
_ lands by reason of oi-n(:rship or, bromide , Little Prince, Aspe;l
{ L y, :_nd Sunrise miilinr-7 claim , ffo!"—_ of wilich covered all of the
nr_..cis 6escribed in Tract C. JOh" "fR. H� rron claimed right of,
posscssion or the surface of Tract C in the years prior to March
3, 1958, by reason of th,. with his brother William Iierron
and by hir„self individually a� the Lone Pine Mining Company, a
cot�0 '�?.cI G7 , and the Aspen 'Mining Company.
The tcstimony showed that the Herron brothers and the Aspen
Minim; Coy,pany, as 'well as the Lone; Pine Mining Company, owned
the i;rornide, the Little prince, the .'ispen City, and the Sunrise
mini;�„ claims from 1937 to 1962 or 1963. Testimony also sho wed
that in 1958 John L. Iier.ron became the sole owner of these claims.
During the time that John L. Hcn.ron and his brother were in
possession of the Bromide , Little Prince, Aspen City, and Sunrise
n.i.ning claims , they used the lauds contained in Tract' C for .tlzc,
pas Lure of horses and mules wilich ware employed by them in their
iai.�zllg operations. `The predecessors in interest of the lierron
orothers also used these Lands for the grazing of horses and mules
as far back as 19G2,
A fence was built around this piece of land to contain the
S
t
i;orses a;ld mules , and no doubt t1-lis was the- fence found by the
pl-int1-ffs w1hell they started animals on the john
testified that: .3t tiiiu,s lie h,ld as many as 10 horses ;end
:,ui es grazing on the land, tie a,,io testified that he grazed
gorses on the plo't Of 1.and from 19",0 to 1956. Fie further testified
that at times he rentcd; the pasture to others , namely Barrailier. ,
lu.,,mire and Nelson Smith. lie also testified that the fence was
kept in good repair and that Barrailler and Klusmire repa: rcd the
at various times.
Affidavits of annual labor on the Bromide, Little Prince,
Aspen City, Sunrise, and Subset mining claims for the years 1947
to ' 1959, both inclusive, were filed in the office of the clerk and
recorder of Pitkin County, Colorado. Photostatic copies of these
affidavits were introduced in evidence as Defendant's Exhibit Z1.
these claims cover all of Tract C.
The contest resolves itself into a question of who had the
right of possession of Tract C. ' The plaintiffs claim right of
ay._ session since 1952 because they went on the land, repaired a
f�_ace already on the land and built a corral at a cost of $47.50 ,
L,-.d grazed horses on the land from 1952 to 1958. John L. Herron,
quitclaimed to the City of Aspen, claimed right of possession
because Tract C was on mining claims which he and his brother had
owned since 1937 and which John L. Herron had owned individually
si;lce 1958. lie also claimed use of the surface of the claims
" included in Tract C by himself and predecessors in interest since
1902, up to 1956. - The use consisted in fencing the lands and
grazing livestock thereon, and in leasing grazing rights to others .
There was no denial of the testimony of John L. Herron as to
Liao ownership of the mrining clai.sns . nelson Smith testified LJh.at
ti.^ 1icrron brothers used the land for pasture of mules any' horses
from i 150 to 1,952 , ' to his kriaWlCdge. Jack Stone testified that the
males and horses were grazed on the lands by the Herrons nnr1 tint
the fences were in good condition.
There can be no doubt th<zt the Herron brothers and John L.
:7,:rort :; ndividual�iy were cl.ai.mi.n;; the lands in TrBCt C for r;ininh
p�;zpo��es from 19/+7 to 1959 , as s'.ZC::;a by affidavits of anmmal i,!nor.
Thc� y h^ci po::scssion of these lanais for :pining purposes , and there
no t^stimony that the surf:.c,�, rights had ever been severed
iro:;? the :ci.neral rights.
There can be no doubt that the )terrons were • entitled to the
use of the surface of their m1.04T1n cla:lms , as Title 30 , Paragraph
26, of zhe United States Code Annotot:c!d states as follows :
"Section 26, Logatovs ' rights of possession and
enjoyment :
"The locators of all n;inin^ locations made on any
mineral vein, Iode, or l ec;.;e , situated on the
public domain, timeir and assigns , where no
adverse claim cxLsct!6 oat. talc 10th day of May, 3872,
so Iona as they comply w+.th the. laws of the United
States , and with St,-,Lo, territorial, and local
re ulations not in co.`3 J7ith the laws of the
United States governins; th, oir possessory title,
shall have the exclusive right- of possession and
enjoyment of all the surface included within the
lines of their locations
Also, in Lindley on Mines , Volume 2, Paragraph 551, the.
fallowing is stated:
"Section 551. The right co the surface and pre-
sumptions flowing the e.fr:•ni. - The exclusive right
of possession conferred upon the locator by the
statute is as mach the property of the locator
as thc- vein or 'l.ocle by him discovered and located.
This is undoubtedly true ?.s between the locator
and all others attempting to invade his rights
acquired by location, "
9 '
7
In this same section there is a quote from Judge Hallett of the
Supreme Court of the Stater of Colorado, in which he says :
"?Je may say, that there is a presumption of ovaier-
ship in every locator as to the territory covcrod
by his location, and uithin his own boundaries he
is regarded as the o-vmcr of all valuable deposits
until someone shall show a higher right."
In the same line there is a statement in Morrison's Mining
Rights , loth Edition, Page 285, which says:
"A lode claim covers the entire surface as well as
the veins within it. "
i
From the authorities herein quoted, there seems no doubt to •
this Court that John L. Herron, individually and in connection with '
hi-s brother at various times when they were joint locators ,
had a right to the possession and use of the surface of their
minin-, claims , which covered the area described in Tract C. There-
fore, when the plaintiffs went upon the lands in Tract C for the
purpose of using said lends , they were in fact trespassers upon the
.rights of the owners of the mining claims. The possession of the
plaintiffs was not exclusive, as the testimony shows that during'
_ o .
the time that the plaintiffs were grazing horses upon said land
Jahn L. Herron- and -his brother- at various times were also grazing
horses upon said lands. The plaintiffs did not erect any structures
or buildings on said lands, but repaired fences which were already
on said lands and which had been used by John L. Herron and his
brother prior to the entry of the plaintiffs upon the lands in
Tract C. There is no evidence to show that the plaintiffs acquired
the exclusive right of possession of these lands or that they were
any more than trespassers upon said lands . - The legal and lawful
right of ,possession-of said 5lands was in John L. , Herron at the time
r II
t
when he quitclaimed to the City of Aspen by his deed of January
6 , 1964.
From the findings herein made by the Court, it follows that
the plaintiffs are not entitled to an order requiring the City
of Aspen to deed to the plaintiffs the lands described in Tract
C. For the same reason, it also follows that the City of Aspen
is entitled to a decree quieting title to the lands described in
Tract C , as described in the cross-claim filed in this action
by the defendant City of Aspen.
Following the conclusion of the evidence in this cause , and
on February 3, 1967, the defendant City of Aspen filed a motion
to amend pleadings to conform with the evidence, .and on the 10th
day t of February, 1967 , this Cour entered an order granting said
;
motion. By this order the words "Tract C" were changed to the
words "Tract B" in paragraph 1 of the pleading entitled "Amendment
to Answer and Cross Claim" filed by the defendant city of Aspen.
By the same order, paragraph 1 of defendant's cross-claim was
b striking the distance "276.29 feet" and substituting
amended y
"296.29 feet."
Further amendment was made by
in lieu thereof
said by adding at the bottom of the description contained
s�
in paragraph 1 of the cross-claim these words: "Also all that .
h l of the complaint lying
part of Tract B described in paragraph
g p �
southeasterly of the high water line of the Roaring Fork River on
t
s
the northwesterly side of said river. "
The Court further finds that since the entry of the last
above-mentioned order, the parties hereto have entered into a
sP ti ulation whereby the description of Tract _C 'is agreed to be
southeasterly
as set forth in said stipulation, and that the
9
boundary line of Tract B shall be the northwesterly boundary
line of Tract C, providing that this Court shall determine that
Tract B does not include the bed of the Roaring Fork River.
The Court further finds that this Court has determined that
Tract B does not include the bed of the Roaring Fork River; and ,
therefore, the provisions of said stipulation are in full force
and effect.
IT IS , THEREFORE, ORDERED, ADJUDGED AND DECREED by the
Court as follows :
1. That the plaintiffs mr-
are the oces in fee simple and in
possession of the following described real estate property and
premises situate in the C01-11"ty o''. Pitkin and State of Colorado,
to wit:
TRACT A
A tract of ] and riented in the SE11 of the SWk
of Section 7; township 10 S. R. 84 W. 6th
P.M. and being the unp'_atted portion of the
Zux Placer No. 6786. Said tract is more fully
described as follows : Beginning at cor. 27
tract 40 East Aspen :iownsite, a brass witness
f corner in place.
Thence N 15° 30 ' E. 125.00 ft. along East Line
of lot 12 Block 2, Oklahoma flats ;
Thence S 70° 35 ' E. 110.00 ft. along the South
line of Bay St. ;
Thence N. 15° 30' E. 282.00 ft. along the East
line of Bock 3, Oklahoma flats to the NTE cor.
of said Block 3 ;
Thence N. 82° 50 ' W. 55.00 ft. along the North
line of said Block 3 ;
Thence S. 77° 30 ' W. 99.46 ft. along the North
line of said Block 3;
Thence N. 15° 30 ' E. 174.06 ft. to the North
line of the SEk of the SW's of Section 7, Twp.
10 S. R. 84 W. 6th
Thence S 89° 25' 42" E. 125. 17 ft. along said
North line to Cor. #22 of said Tract 40 , East
Aspen;
Thence S. 44', 35 ' .50" E. 199. 79 ft. to Corner
#23, tract 40, East Aspen Townsite;
Thence S. 450 00' W. 150.00 ft, to cor. #24
tract 40;
10
. I
e
"nonce 5° 00 t%• 1.;9.00' rt. to cor.
, C3 30 ' W. 257. to COr.
40 ;
0 TIC0 il. 7Z1
U ,00 Ct. to Cor.
;� l�tCt
t
T,aitlt of b(2;i.nning.
r,xcept from above , Land fenced and land pur-
chased from Denver and Crancie Railroad as
recorded in Book 175 , p,. e 580 , in the name
of Lupancis
an( city c1c!ecl as recorded in
Book 1.98, P;19.: 480.
�. That the plai-ati-frs aro t:he ow-ners in fee SiiTi,�le .1nd in
nosse� lion of t1le ±:olio,ain;; rca1. estate property and
Premises sitit to in P i.ticin Coiin., y,
State of. Colorado, to wit:
TI,ACT B
�; tract of 1 nd loc t:r'.d i.tl _t:11 �L''; of the Sw4
OF Section 7 , (.)th P.11. and
.n g ;part of the i:as�. Asp,>>u To% -te and the
t; iF=ni td portion. of Placer U.S.M.S. No.
6706. Said tract i_s ra:�i e faL1-y described as
f-,"g1.nn;.ng at a p'_J n.L wt: hich i's the
i;ztc,rsectionof t It, 1-jor 'n 7.Ine oc Block 21
r as L Aspen 'ox:n<;ite %ji ti~ thti 14 ne between
Corners 29 �.r.d 30 ��i 'Last: Aspen Town-
site from,i, 1hon c'O'r'c e- ;o. 30 of said tract 40
b-cars S. 37`0
Thence N. 37° 20 ' E. 117. 55 L=eet;
iherce N. 55° 32 ' W. 0 .
t yet;
i'IILTiC C N.
Thence N. 47° 09 ' E. ifi. `?5 feet;
Thence N. 75° 00' T. 38. 72 feet to the South
bank of the Roaring 'Fork I;aver;
Thence S 67° 33` r. 92. 34 t.`et along the South
bank of the Roaring Fork ;ai.ver;
Thence S 83° 26 ' E. 28 . 1'I feet along the
South bank of the Roars.na, I'orlc River;
Thence N. 37° 20 ' E. 23 . 26 feet to Cor. No.
29 of said tract No. 40 ;
Thence S. 45° 00` E. 32. 15 feet to the Sough
bank of the. Roaring 1 ork ;;fiver;
Thence S. 70° 39 ' E. 11.5. 20 feet along the South
bank of the P.oarinn Fork i�.iver;
Thence N. 1.51 30 ' E.' 118.06 feet to Cor. #27
of said tract 40 ;
Thence S. 74° 30' E. 265.00 feet;
Thence S. 17° 19' W. 208.00 feet;
Thence S. 43° 46` I . 10.00 feet;
Thence S. 34° 20 ' W. 99. 87 feet;
Thence S. 41° 57' E. 54. 20 feet.;
111. 76 feet;
Thence S. 020 23' W.
• li
iienc e S. 50
0 f C
nc e 1j. �I' Z)0 1. 77.00 - -('1:;
c�, S. 50 i'c-ot to the SE corner
of Lot 13, ',,)Iocl• Aspen;
J loo.00 ; eet along the East
7c,
I V1 . io feet along
"18 part of Lot 17;
t1lo North I ine L t
0
7, !-,c a_c e N. 36' 22' F. "6.46 Ec(?t ;
Thence N. 6° 35 ' W. 35-92 fact;
T; once N. 50* 18 ' Vii, 56. 37 feet to the North
'i it-je of Block 21 , Fa s k: Aspen;
Thence: N. 75' 09 ' l•1. 1.3:1 . 53 along the
N4orth line of Block ^1
i to tho place of begin-
ning.
-,ijgh� of way to be
,Ihr� Denver inci PiO GI ,,
excevted front t1he above description.
3. That the defendant Gity of Aspen, a municipal corporation,
s tiro 'j,n possession of the following
own o r i n. f_�e Fjmple lind
(i es c r d real estate property ind premises situate in the County
Of Pitkin and State of Color,-160, to wit:
Y!Z.ACT C
A trdc Of 1.3 llc 'he
S12, SWI- 0j:
"cction 7 , To-,•-,n5"ljP it) Range 84 West
of the 6th P .M. ono hoi.nr part OIL the East
Aspen Townsitc. Sdaid tract is more fully
dcscribed as lolly) Js :
(?Cri.nning it a point on a line between Corner
')7 'tract 1,0 , East Aspen
26 an(i C n
o- . ;D. I
Townsite , whence Corn2,, No. 26 bears South
74' 30' East 115.00 feet;
thence South I/ 191 me s t 28.00 feet;
Thence south 43' 4 Is t 104. 30 feet;
Thence South h 37' 32' 39-111 feet;
Thence SouL11 18' 44' xas t S5. 56 feet;
South 62* 43 ' Tas,t: 67. 67 feet;
Thence South 36' 35 ' Giest 296. 29 feet;
South 63' 52 ' wo,,;t 78. 23 feet;
Thence'hence South 280 051 t 143.07 feet;
Thence South 49" 57 ' west 50. 26 feet to the
centerline of the Roaring Fork River;
Thence North 57' 26' west 121.09 feet along the
centerline of the R_oacin- Fork River;
Thence North 530 39 ' wosc 55 . 70 feet along
the centerline of the IZoarii-ig Fork River;- et along
Thence North 30* 09' Wcst 4.5. 27 feet
the centerline of the -L�.oaring Fork River;
feet along the
f
"hence North 25* 02 ,Tc
' � st: 88.94 t
centerline of the Roaring Fork River;
, oI-
Lverj
x . 6,5 Ie,'L 01011 "
< '_`11LC1' L7Tlc` O� i_ilc C` For-k I'Iver;
,, , 00 (.cet along
' 'Iver
C�'.:Si:C'i 1 i nc. c)F I lie 1'U -'t` •�• L'OY?C II ,
r.
n c c NorLh 02° 23 ' ! ist: i.11 . 76 feet along
t:he centerline of Lh.c Ro-� i.n Orl; River;
�, .<,l '0 foot g
i'1•,e,�c�: Nort:� X11 '>7 T.' , ,, �_ �.et alon .
t_l1C' Cl?ili' 11Li1'. (1!" :ll<' i�G: iil
Fork River;
ce vortn 3'r".,?Gi 1': :r,t . 87 feet;
l hcinC+° t:h 43 o C, 't'i,-S•':
,,T t �� �;; � ^^� >^ .00 feet to the
+
JGint Of be"inainv.
hat �ilti C Lf
i.�' ]T"i .'.: r ilU ! .)i o them, an.1 any p ', 3C l Or
. r
_ e
1,y, tiiraurvi� , or .t1 r,c.:er any of them, be and they
perpetually eiijoincd an,i t_ar.bidden to claim any right,
t' :lc , i.ne >Yest, or estetc' in or to the real estate her.einabove
bed in 'tracts A and P,, and ft_om setting up any claim,
zrtit:c re: c ox esra, e adverse Lo tkio. tit:ic of plaintiffs , and that
Lhc� r'. is^rc^:zts an.ci those el a rai.zi 1'y or through them are enjoined
the pla intiffs 1.II i:he. quiet and peaceful enjoyment
of Lhe rea-1 estate hereinabove desribed in Tracts A and B.
c
5. That t.11e Taint i t E:, zrind a-
11. defendants except the City
oz: Aspen, a municip°1, cvrporai'ion, and each of them, and any
person or per claiming by, through, or under any of theta, be
and they are hereby perpetually enjoined and forbidden to claim
;:iy right, title, interest , or est4lte in or to the real estate
+ . einabove described in Tjoct C, and from setting up any claim,
i.ntcrest . or. estate adverse to t'r.e title of the defendant City of
aspen, a municipal corporation, an(i that the plaintiffs and all
do end�,nts except the City of Aspcl!, a municipal corporation,
arc those claiming by or through them are perpetually enjoined and
fo�rbiciden from disturbing the City of Aspen;' a municipal
1:�
i
Ct�l"i)C)i LlOil� In the giiic`t Andl enjoyment Of the real
c:s hcroinabove descri.h.!d :;.� ''rar.0 C.
in Open CourL th IS 10th (L?y of April, 1967.
PAY TiIr COil1:T:
CARL W. FULGHUM
Judge
e
ml-,y a orifjaal on filo in the Mstrict
CQuA CJ Fitl►in County. Color
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' - May 15, 1967
Hon„ Robett Larnard, .Mayor
and City Council
City of Aspen
Aspen, Colorado
Gentlemen;
At the meeting of the directors of the Pitkin County Park dissociation
=Q
April 191 1967, a resolution was adopted requesting the City Council
to name the new Park on Neal Avenue near the Roaring Fork River after
the former longtir,-,e mayor of Aspen, A. E. Robison, in recognition of
his long and faithful service to the City.
It has nOW r_oi71e to my attention that the City has a proposal before
it to name the park after the Herrons. We request that this proposal
be tabled at this time. It is felt that the Herons cost the City a
great deal of money litigating the fine-legal points of their claim
to this land in the East Aspen Additional To,vnsite Patent, would have
gone so far as to upset the patent in order to pursue their claim to
title, and conveyed this parcel of land to the City only as a means of
clearing their own title and settling litigation.
We feel that Gene Robison dedicated more than twenty ya4ars of his
life to Aspen in his capacity as Mayor, trying to accomplish the
many tasks of municipal government during a time when neither the
money, the people to help nor sometimes even the inclination of
many of the inhabitants of help, was present. He was one of the
prime movers in filing the application and many documents, surveys,
etc. that were necessary to apply for and secure this Patent. He
signed most of the deeds by which people in this area now have title
to their property,. We feel that it wo- uld be most fitting for the
Park to be named for him.
Of course, we do not wish this to be a
publis issue, but would ask
that you consider this letter and perhaps give us time to secure whatever
support you would require in order to name this Park for A. E. Robison,
Sincerely,
PITIU10 COUNTY PARK ASSOCIATION
R mona Markalur_as
Secretary
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7
TRACT "A"
Atract of land located in the SE4 of thSW�r of Section 7;
township 3.0 S . R. 84 W. 6th P.M. and being the unplatted r,
portion of the Lux Placer No. 6786 . Said tract is more
fully described as follows: Beginning at cor. 27 tract '
40 East Aspen Townsite, a brass witness corner in place.
Thence N 150301E. 125.00 ft . along East Line of lot 12
Block 2 , Oklahoma flats;
Thence S 70 035"E. 110.00 ft . along the South Line of F
Bay St. ;
Thence N. 15°301E. 282.00 ft. along the East line of
Block 3, Oklahoma flats to, the NE cor. of said Block 3;
Thence N. 82050'W. 55.00 ft. along the North Line of
said Block 3R
Thence S. 77030'W. 99.46 ft . along the North Lind of
said Block 3.
Thence N. 15" 30' E. 174.06 ft. to the North Line of thc: SEA '
of the SW14 of Section 7 , Twp. 10 S R 84W. 6th P.M. ;
Thence S89 025' 42" E. 125,17 ' along said North Line to Cor.
#22 of said Tract 40, Easy Aspen;
Thence S . 4403 50 _)Q"E. 199.79 ft. to Corner #23, tract 40
East Aspen Towns:11.1e;
Thence S . 45000'W. 150.0�:i ft . to cor.424 tract 40;
Thence S . 45000' . 129.00 .ft . to cor.#25 tract 40;
Thence S . 15030 'W. 257 .30 `t . to Cor.#26 tract 40;
Thence N. 74030'W. 300.00 It . to Cor.#27 tract 40;
point of beginning.
Except from above: , land .fenced, and land purchased from
Denver and Ric) cjrande Railroad as reporded in Book 175,
page 580, in .. : : name of Zupancis and city deed as re-
corded in Boc,;;a; 19,11 , page 480.
TRACT "B"
A tract of land located in the SE'4 of the SW� of Section
7 , twp. 10 S R 84 W. 6th P.M. and being part of the Easa.
Aspen Townsite and the patented portion of the Lux Placer
U.S .M.S. No. '? 4tl> . Said tract is more fully described x f4
follows: Beau : .ng at a point which is the intersection
of the north ° :::: of Block 21 East Aspen Townsite with
the line betwo-n Corners 29 and 30 of tract 40 East Aspen
Townsite from wheni corner No. 30 of said tract 40 bears
S . 370201W. 5. 55 feet;
Thence N. 37020'E. 117 . 55 feet;
Thence N. 55°32 'W. 80.85 feat;
Thence N. 40" ``! 'Wy 64.20 feet I
Thence N. r7 .',: ' ,, _3 k- . c" t
Thence N. 7 5" �,�3 ae S~"U"Ch bank of the
5:\(J ariliC',' .0 o.i 6,.
_ ;
... .. �,e ��67 a�.. 1: S . 92 • :
Roaring For],. vrt� r:
?'\'.._iarinq Foj_-; .., rz
.nnc?n!.,e N. 37 2 VJ'
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4 O,,
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,
rr�1�:`llr_i:; NC?i::i:�h 5"0901"W . 2 , 00 :_eei cc the SE t:,,;2"'„ of Lot
r, f' T1 �{c, .J� ��' .t[ . i ' D r 01 f 'ti a P syj �_�e Ea` t 1 j CIS`: of Lot
, r
'Via P . 75" 1"111 " W 41 . 10 Kwf abn-t t1w M. line of Lot. 18
N. 30024 . 3h , 16
1" 1.
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+
Roaring A T o r -
6; q
s
Thence i7 41037 ' E. W . 91 Te < ,
Thence N � r J ` fe
W .
Y'.f�? `i r _ R .i. J 00 r�;Cl t (! t 3
Thence N. „gFx3 W < i.. I f 'c.-et- 1, �l�1 ��' .r"
Nor .e 7 n CC(
Thencu TIMIM v .LEI `S i' «
,p
"TRACT C"
A tract of land located in the South East 4 of the South
West 4 of Section 7 , Township 10 South, Range 84 West of
the 6th P.M. and being part of the East Aspen Townsite .
Said tract is more fully described as follows :
Beginning at a point on a line between Corner No. 26
and Corner No. 27, Tract 40, East Aspen Townsite ,
whence Corner No. 26 bears South 74°-30' East 35 .00
feet; Thence South 17 -19 ' West 28.00 feet;
r�
Thence South 43 -46 ' East 104.30 feet;
Thence South 37°-32 ' East 39.41 feet;
Thence South 18°-44' East 85 .56 feet;
Thence South 62'-43' East 67.67 feet;
Thence South 36°-35 ' West 296.29 feet;
Thence South 63'-52 ' West 78 .23 feet;
Thence South 28°-05 ' West 148 .07 feet'
Thence South 49°-57 ' West 50.26 feet along
the centerline of the Roaring Fork River;
Thence North 57°-26 ' West 121.09 feet along
the centerline of the Roaring Fork River;
Thence North 53°-39' West 55 . 70 feet along
the centerline of the Roaring Fork River ;
Thence North 30°-09 ' West 45 .27 feet along
the centerline of the Roaring Fork River;
Thence North 25°-02 ' West 88 .94 feet along
the centerline of the Roaring Fork River ;
Thence North 41°-08 ' East 222 .50 feet along
the centerline of the Roaring Fork River;
Thence South 88°-40' East 177.00 feet along
the centerline of the Roaring Fork River;
Page 2
Tract C
Thence North 50°-19 ' East 48 .60 feet along
the centerline of the Roaring Fork River;
Thence North 02°-23 ' East 11. 76 feet along
the centerline of the Roaring Fork River;
Thence North 41°57 ' West 54.20 feet along
the centerline of the Roaring Fork River;
Thence North 34°-20' East 99.87 feet;
Thence North 43°-46 ' West 10.00 feet;
Thence North 17°-19 ' East 28 .00 feet to
the point of beginning.