Free Brief - District Court of Colorado - Colorado

Case 1:00-cv-02361-WDM-BNB

Document 42-12

Filed 03/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER
CIVIL ACTION NO. 00-CV-02361-WDM-BNB (Consolidated with Nos. 00-cv-02362-WDM-BNB and 00-cv-02363-WDM-BNB; and 00-cv-02365-WDM-BNB, 00-cv-02366-WDM-BNB, 00-cv-02367WDM-BNB, 00-cv-02368-WDM-BNB, 00-cv-02369-WDM-BNB, 00-cv-02370-WDM-BNB, 00-cv02371-WDM-BNB, 00-cv-02372-WDM-BNB, 00-cv-02373-WDM-BNB, 00-cv-02374-WDM-BNB; and, 00-cv-02364-MJW-BNB and 00-cv-02394-MJW-BNB)

WYRICK G. DEANE, Plaintiff, v. MILTON TUCKER, et al., Defendants. _____________________________________________________________________________ AFFIDAVIT OF WYRICK G. DEANE _____________________________________________________________________________ Wyrick G. Deane ("Deane"), being of lawful age, upon his oath deposes and says: 1. Deane is the plaintiff in the above consolidated actions, all of which are subject to

final resolution under the terms of the proposed global settlement, an accurate copy of which is attached as Exhibits B through F to the Consolidated Opening Brief being filed in these cases with this Affidavit. 2. Deane's former legal counsel filed the consolidated actions on his behalf in

approximately November 2000 seeking to quiet title in 25 patented mining claims located in the White River National Forest in Pitkin County, Colorado. The defendants, the United States of America and U.S. Secretary of Agriculture, have disputed Deane's title.

Page 1 of 4 EXHIBIT "I"

Case 1:00-cv-02361-WDM-BNB

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3.

Deane understands that the basis for the United States' claim of title to the

patented mining claims is based on an ostensible transfer of these properties to the United States by Pitkin County, Colorado, as part of a 1994 exchange of lands. 4. Deane contends that he holds superior and prior record title in the disputed lands

based on several grounds, including adverse possession and the invalidity of Pitkin County's assumption and supposed transfer of title to the United States in the disputed properties. 5. Nonetheless, as set forth in the proposed settlement agreement, Deane has agreed

to relinquish his claims to the 25 patented mining claims involved in the consolidated litigation. Deane has also agreed to quitclaim to the United States 10 additional patented mining claims. These 35 properties encompass over 300 acres of patented lands in the White River National Forest and in the Maroon Snowmass Wilderness Area. Approximately 67 of these acres are neither subject to any litigation nor to any title dispute, and all right and title therein are owned by Deane. These approximate 67 acres consist of the following seven parcels owned by Deane and located primarily in the Maroon Snowmass Wilderness Area:
LODE MINING CLAIMS Champion Great Western Expectation Central Terror Parallel Granite Robert Bonner TOTALS = 7 properties USMS # 3763 # 6054 # 7024 # 0633 # 5295 #2821 #5509 ACRES 10.33 5.88 10.33 10.33 10.33 10.06 10.00 67.26 AREA DESCRIPTION Up Conundrum Valley 2 miles up East Maroon Pass Trail Top of East Maroon Pass Top of East Maroon Pass Top of East Maroon Pass Parking lot at Montezuma Base; access to Castle Peak Up Conundrum Valley above Albouy Marble Quarry Site

These seven parcels will not be conveyed to the United States by Deane except under the terms of the proposed settlement.

Page 2 of 4 EXHIBIT "I"

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6.

In exchange for these property transfers, the United States has agreed to convey a

portion of the Ophir and Diamond Lode Mining Claims to Deane as "Parcel A." Parcel A is approximately 2.26 surface acres and is located out of view from surrounding national forest lands. Parcel A is secluded, although easily accessed by an existing road that runs right by the property. 7. Deane is particularly partial to this property for sentimental reasons and because it

has an existing cabin and beautiful scenic views. The cabin is referred to as the old Ophir mining cabin. The proposed boundaries of Parcel A are also appropriate due to the Forest Service's management considerations. Deane's receipt of Parcel A and the Ophir cabin, along with rights of ingress and egress thereto, are material aspects of the proposed settlement. 8. In addition to concluding this litigation, the proposed settlement ultimately

furthers some of Deane's longtime goals. Over the past thirty years, Deane has acquired patented mining claims in an attempt to prevent the possibility of extensive development of these unspoiled lands. The proposed settlement would place over 300 acres of forest land within the protection of the U.S. Forest Service. 9. Deane is not a real estate developer and he does not intend to subdivide or

partition Parcel A. He does not believe that Colorado's subdivision laws or building codes apply to Parcel A and the old Ophir cabin. In negotiating the proposed settlement, it was not and is not his intent to evade any law or regulation. FURTHER AFFIANT SAYETH NAUGHT.

_________________________________ WYRICK G. DEANE

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Case 1:00-cv-02361-WDM-BNB

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County of Pitkin STATE OF COLORADO

) ) ss )

The foregoing Affidavit was subscribed and sworn to before me by Wyrick G. Deane on this 23rd day of March, 2007. Witness my hand and official Seal. ___________________________________ Notary Public My Commission expires ________________________.

[Original signed and notarized and on file with Deane's counsel.]

Page 4 of 4 EXHIBIT "I"