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06/25/1999 11:15 9706413061 GUNNISON COUNTY PAGE 03 <br />• • <br />FINDINGS OF FACT <br />1. Defendants McIntyre ('Defendants") own six mining Gaims located near the <br />Town of Marble in Gunnison County. More particularly, Defendants own the following: <br />Dolomite, Emperor, Empress, Italian, Prince Arthur and Yule, All U.S. <br />Survey No. 4530, lode mining claims situated in Rock Creek Mining <br />District, County of Gunnison, State of Colorado. <br />2. Those claims were purchased by Defendants in the early 1990's from L. E. <br />Schooley and Associates which purchased those claims from Gunnison County by <br />virtue of a tax deed in 1960. <br />3. The Treasurer's Deed is silent with respell to reservation of or exceptions for <br />this road. <br />4. Those claims are adjacent to the historic Marble Quarry, most famous for <br />marble used in the Lincoln Memorial, Tomb of the Unknown Soldier and other <br />governmental buildings. ~ <br />5. In 1997 the operator of the quarry closed public access to both its quarry road <br />and to the route across Defendants' property which is the subject matter of this <br />litigation. <br />6. In 1998 Defendants attempted to barricade the gate blocking the route across <br />their property. That was addressed in the 1998 hearing. <br />7, The route In issue begins at the public parking area located about 4 miles <br />from the Town of Marble. The trail runs along an old tramway roadbed to the spoils pile. <br />That is where scrap marble from previous operation of the quarry is located. One must <br />'scramble" over that to resume the footpath for perhaps another quarter of a mile <br />beyond the spoils pile to where anyone on the route would be Confronted with a wire <br />2 <br />