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06/25/1999 11:15 9706413061 GUNNISON COUNTY PAGE 0a <br />fence and no trespassing sign, posted by the, Cdunty and Quarry, approximately 100 <br />yards from the quarry portals. <br />8. The route is described by different witnesses as anywhere from 5 to 8 feet in <br />width to 12 to 15 feet in width. The route was previously passable by vehicle but has <br />had considerable sloughing in recent years. It includes a wood bridge which has <br />sustained considerable damage from snow and rock fall which have destroyed the <br />handrails and some of the support structure for the wood plank bridge. This bridge was <br />built in the mid-80's by the State of Colorado. <br />9. Historically there has been some marble removed from Defendants' property <br />dating back to at least 1891. <br />10. The Gunnison County tax records classify Defendants' property as vacant. <br />11. One of the prior owners of the property, Mr. Bush, from the 60's to the 90's <br />estimated that perhaps as many as 3 to 4 people per day or as ~ew as 6 to 8 per week <br />walked the trail in his observation with perhaps 2 to 3 of those people per week <br />requesting permission. He did not recall ever having denied permission. ey his <br />estimates of usage and requests, roughly 759'0 of the users of the trail did not ask for <br />permission. <br />12. Tourists wishing to observe the marble quarry are critical to the economy in <br />the Marble area. <br />13. The people using the path in question have created problems both with <br />respect to safety issues, vandalism, trespassing. removal of personal property and <br />marble from the private property, rowdiness as well as sanitary concerns given the lack <br />of sanitary facilities along the route. <br />3 <br />