The Right-of-Way was used extensively by sheep herders as early as 1900 according to a notarized affidavit of Emma Bertagnole (source|image) dated July 16, 1976. The affidavit states her family grazed about 6,000 sheep beginning in 1914 and “[she] accompanied the herds of sheep during summer grazing and she recalls that from about the year 1900 until recent times the sheep grazed in Salt Lake County in the vicinity of [the Subject Property] located in side canyons in the Emigration Canyon drainage… The area surrounding the springs appeared to have been used for many years for watering sheep and she was told and understood that the springs had been used since prior to the year 1900 for watering sheep and other livestock.”
The History of Emigration Canyon notes, “The herds were driven up Sharp’s Hollow (today’s Pioneer Fork) along the Old Quarry Road. Through the upper stretches of Freeze Creek and Brigham Fork, they would start lambing, having access to Pinecrest, Killyon, and beyond. The brothers built a small corral at the top of Brigham Fork that they called their “docking pen.” They used the corral for many years, gathering the young lambs for branding, earmarking, tail-cutting, and castrating. The “sheep corral” was a canyon landmark until the 1990s, when it was razed to develop the Emigration Oaks subdivision.” (source, p. 146-147)
Multiple public uses of the road continued after the quarries were abandoned with the railroad:
The Quarry Road left the main canyon road at Sharp’s Hollow, later called Pioneer Fork. It followed the natural contours of the land along the northern bench of the canyon until it reached Brigham Fork. After the quarries were abandoned, sheepmen, four-wheel drive enthusiasts, and hikers still used the road as backcountry access. Most of the old Quarry Road was buried beneath the Emigration Oaks subdivision, though short remnants are still visible there. The road up Brigham Fork is becoming overgrown, but it remains. (IBID [source], p. 154)
[T]he Old Quarry Road still allowed access to the level foothills to the north, but it wasn’t used much anymore. The Bertagnoles drove their sheep up the road to their lambing grounds. Residents had begun calling the draw Sharp’s Hollow, but it soon became known as Pioneer Fork. (IBID [source], P. 188) The Old Quarry Road was only used by locals and sheepmen by this time. The switchback onto the pastureland made a convenient dump for canyon residents. A hill of slate was found there and was used for road repairs. (IBID [source], p. 246)
There is no evidence that continued public use of the Right-of-Way was with documentary or permissive rights by owners of the fee of the road. The Bertagnole’s acquired the Subject Property in 1920 and Private Parcels 2 – 6 between 1922 and 1977.
The Subject Property was acquired from Le Grand Youn by brothers “Leo Bertagnoli, Angeli Bertagnoli, Fred Bertagnoli, and William Bertagnoli [sic]” on January 17, 1920.[1]
Parcel 6 was purchased two years later on January 3, 1922 by the Bertagnole brothers from Aaron Keysor, successor in title to Arthur Meads and purchaser of the Consolidate Rock Quarry on the same parcel.[2] These two parcels passed to Modesta Bertagnoli on December 31, 1923.[3]
Private Parcels 2, 3, 4, and 6 were transferred with the Subject Parcel on December 23, 1950 to Modesta’s two sons and their wives: Leo M. and Marguerite Bertagnole and Fred and Emma Bertagnole.[4] The Subject Parcel and Private Parcels 2, 3, 4, and 6 had a fifty percent ownership interest consolidated into holdings of the Bertagnole Investment Company Limited Partnership (“BIC”) on October 1, 1974.[5] The other fifty percent ownership interest was consolidated into holdings of E.M.B.C. LC (“EMBC”), successor in title of Leo and Marguerite Bertagnole.
Private Parcel 5 was also consolidated into holdings of the BIC when it was sold by Salt Lake City Corp in 1977.[6] The History of Emigration Canyon explains this transaction was an exchange for “590 acres of city-owned, scrub-oak-covered land in Pioneer Fork and along the Old Quarry Road in Emigration Canyon for 990 acres of Bertagnole property in the Mountain Dell watershed… This land exchange was approved by the Salt Lake City commissioners. The trade was quiet, and canyon residents did not find out about it until several months later. Then they were incensed… Residents also questioned the sequence of the transaction. Bertagnole Investment Company executed a warranty deed transferring their property in Mountain Dell to the city October 12, 1977, and Mayor Wilson signed the quit claim deed for the city land October 18, 1977, both before the city commissioners approved the transaction October 19, 1977.” (source)
An ownership interest in Private Parcels 2, 3, 4, 5, 6, and the Subject Property were held in common by BIC beginning October 19, 1977 through March 15, 1988.
[1] Entry 426506 in Book 10-V, Page 487-488 recorded January 19, 1920. (source|image)
[2] Entry 462060 in Book 11-Q, Page 286 recorded January 3, 1922. (source|image)
[3] Entry 509609 in Book 11-Q, Page 416 recorded April 12, 1924. (source|image)
[4] Entry 1270111 and 1270112 in Book 901, Page 194 recorded December 26, 1951. (source|image)
[5] Entry 2665219 in Book 3723, Page 315-319 recorded November 15, 1974. (source|image)
[6] Entry 3014062 in Book 4568, Page 1198 recorded October 25, 1977. (source|image)