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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; i:F '_Ci C7', t�CJi- . J. iii ;° ;; 1���)ri�il� ) 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 ��CO t, {{^.�'.i�°3.:K...,. .X.'_i-it i�:W"':. yYYn "=•'"'-'-`. �.._.±`..e... da�::z_v.✓ 2. .v.�f'�SS,. xlf+>s.•.0 .r r [+M 11 lY t•. . � � 1`.r - ,.rte. — _.....a._ .. { wk. i w F R all CC' �p w ' - 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 Cc IL VHS JIsTRICT CUUNT In "L5 Poo T2, �Y Sq pp p�y�5,� dry#��'j $y g^ y <- �r-:.a93+1b}�S.S� O � �i"'z1�f.�A t•••+�b S ;"if i�a�+ �w�'r �Fa"�<.i.'+r O � k.-.�O 116 ACTION h - r '�.:�• �`✓kd'#w i k '��0 yf..y,�. }y�ti� i�,=i��#5 � .,i.#din°4ra �'<s<S., .�La u'?#�.. y ;' '. G ainv A day Corpor3nivr woo tug "owL hp"z4 i 1 yy ggi�xx 1 ••LR,,-3gg.a 1��,AC k' EZ&,k':5, _ j mar u, '�t '.y�'t=:A. ew ct''y,' .,..ka: *,' 4.-ia'L.2R•,i v?g �* A "Z MO Ltng� k f 0 i�� � xx9�,t77,�'.a.�rL�'�, ^�^ '„.�',�:e;^ ;��, .q1. w i,..do,s U.�5°d.'zr i�?t`Ls �"aDi;t�'efi�3J ^ip`Y:�t,+ CLAIM •,�iq�?& .#wi..t+ita, ...s:ai•T �y TEL L hop L L OF r4 s,A 6TAW of C.4rMOR f.40 You't 'a k ,r r... { 4d Sc.�'.:,�"'v:':�'x a� ffi"€��t�a���': .. �.. �.;.:.i.. .L�""' ,�;�:�,.;i�•.'t.... �... .-tea;^ w.i m s:, `awl c,4 answer H �e,,„ tp mu E.k,a. 5..o-;• p i.A a;-», w i,,.,n i n .:.3,e ,. .r. +«. w - 4%.,A..`i+i.w.".. m 1 .,ex.a. ..n UM,48L*S}..ai apav you. It juU t it so to so, ju"Smv,4 < y wa Mc wLli we i-i .: :. aRa t you Y,ar r w h relic! "emardeu in :.a compixim. exVIC, upou jou ia mum au„.eiae LEI ,at _tw of colornau, x, c:nomp4nip, winvin off; os y* aw� . •� ”��� tis i k R "ovA UPL YOU. a h zd to = X%fYA..j.. mutate more pa s lc i Fee`.SeSl't*t i z+ .#,b«2' •�wi�-re.8,fe,n" not 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' . . 4 O,, 'S �srl:(.y ,'{ s 3 IT V". a , 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. 131 "Ch 21 W Kw p f Y „ q� 9'111_ 01.'+.vc Two iwi` � - _ ,'._�� .P� <'f?Il1 t~hq ea ., +; t . I UT, 10 NP a row Lx I o "117N . t-( , Awwon S 1f _, S 1 t 7 at 7. ru"ring MCI , ling, 14 5. "� ;' Anum f�'a ,! S.f f �:r '� r,i 1 'r. :: ;, ,.•.7:,:F �, .i �d... s i.� + 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.