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2018-02-22_GENERAL DOCUMENTS - M1999042
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2018-02-22_GENERAL DOCUMENTS - M1999042
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Last modified
1/17/2021 3:52:32 AM
Creation date
3/6/2018 12:15:48 PM
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Template:
DRMS Permit Index
Permit No
M1999042
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
2/22/2018
From
District Court of Pitkin County, CO
To
DRMS
Email Name
SJM
Media Type
D
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No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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The Plaintiffs were also not obligated to sink a "discovery shaft" in order to make <br /> a discovery. C.R.S. § 34-43-106(2) provides that in lieu of sinking a discovery shaft, a <br /> person could file a map of the discovered claim with the clerk and recorder's office. The <br /> location certificates filed by Minex on August 24, 2005 contained maps and therefore <br /> satisfied this requirement. <br /> CONCLUSION <br /> For all of the reasons set forth above, the Court finds and concludes that <br /> Plaintiffs properly relocated the White Banks Claim, their location certificates filed on <br /> August 24, 2005 are valid and are senior to those filed by Mr. Congdon and title to the <br /> White Banks Claims is quieted in Plaintiff, Snowmass Mining Company, LLC. <br /> II. THE SOUTHERN CLAIMS <br /> In 1985, Mr. Congdon filed location notices on the Double Decker, Ground Hog <br /> and Gypsum claims. He allowed the registration on these claims to lapse in 1992. <br /> In 1994, David Otis staked and filed location certificates for the Ground Hog and <br /> Double Decker claims. These were the same claims that been located but then <br /> dropped by Mr. Congdon. There was no testimony from Mr. Otis or anyone else that <br /> these claims were properly located and the Court cannot find that they were. <br /> In April of 1996, Mr. Congdon, on behalf of his brother, staked and located the <br /> Maree Love claims. The Maree Love claims were staked over the Ground Hog and <br /> Double Decker claims. Mr. Congdon filed a location certificate for the Maree Love claim <br /> with Pitkin County on April 18, 1996. There was evidence from Mr. Congdon to support <br /> a finding that he properly located the Maree Love claims. The Court therefore finds that <br /> 22 <br />
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