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and the Defendants, other than Defendant Hutchison, and <br /> described in this Complaint_ <br /> 5. In the event the court does not declare <br /> the .said road to be a public road and does not declare <br /> said road to be'a private road for the use and benefit <br /> of all the properties owned by Plaintiff and Defendants <br /> herein, other than Defendant Hutchison, that the Court <br /> declare said road to be a private road fo; the use and <br /> benefit of that property owned by the Plaintiff in Sec- <br /> tion 7 in Township 16 South, Range 67 West of the 6th <br /> P. M., E1 Paso County, Colorado and such properties <br /> owned-by the Defendants, other than Defendant George <br /> Hutchison, in said Section 7 for the purposes of ingress <br /> and egress. <br /> 6. In the event, the Court does not grant the <br /> relief prayed for in the preceding paragraphs l to 5 <br /> then, <br /> that/, under Count Eight of this Complaint, the Court <br /> enter an order permitting the Plaintiff to survey or <br /> have caused a survey of the road through said section 16',. <br /> to appoint Commissioners to determine the value of the <br /> real property included in said road, to sat a day upon <br /> which the petition contained in Count Eight of this Com- <br /> plaint may be heard, for an Order that the Summons of <br /> this case shall serve as the Summons provided for in <br /> Section 50-1-3, C_R_S. 1963, and to authorize the Plain- <br /> tiff and the Defendants herein, other than Defendant <br /> George Hutchison, to take possession of said road and <br /> ln- <br /> EZ/ST 39tld MEMIA 68006696TL VE:EZ GTOZ/LZ/E0 <br /> EXHIBIT 3 <br />