Figure 1. Satellite Imagery with Private Parcels by Date of PatentNOTE: This history is the result of several hundred hours of ongoing research conducted in an attempt to document public access rights to Freeze Creek Forest. I have not pursued validating a public road because I prefer to work out a solution with impacted stakeholders that keeps existing roads private.
Freeze Creek Forest is “situated in a fork of Emigration Canyon about one mile and a half up Hendricks Canyon, the latter passes between between Sand Stone Peak and Pear Peak and runs approximately North & South,” being the SE 1/4 of the SE 1/4 of Section 20 T1N R2E. This description is quoted from the Hendricks Canyon Rock Quarry placer claim recorded January 8th, 1894 which uses the historical name of Hendrick’s Canyon for the area at the head of Freeze Creek found in mining claims through the early 20th century. The 1882 Cadastral Map of T1N R2E shows Sandstone Peak near the quarter section marker of 20 and 21 while Pear Peak is labeled as Peak (7000) near the quarter section marker of 20 and 29. Access to Hendricks Canyon is by two historical public roads, Old Quarry Road and Hendricks Canyon Trail, collectively referred to as the “Right-of-Way.”
The Right-of-Way exists in its present location over portions of the following roads and trails:
- Pioneer Fork Road, a public street, dedicated for perpetual use of the public as shown on Map # 85-4-76 and as intended for Public Use on September 6, 1984.
- Pioneer Fork Road on the Emigration Oaks Phase 1A, 2A, and 3 PUD.
- Emigration Estates Road on the Estates at Emigration Oaks Phase 4 PUD.
- Twin Creek Circle on the Estates at Emigration Oaks Phase 4A PUD.
- Freeze Creek Trail on the 2007 Emigration Canyon Trails Master Plan according to Salt Lake City Public Utilities – GIS Division Database.
The Right-of-Way provides access to Freeze Creek Forest (“Subject Proprety”) across privately owned parcels of land referred to as the “Private Parcels.”
Old Quarry Road is located along the portion of current day Pioneer Fork Road leaving Emigration Canyon Road and running generally Southwest to Northeast until leading into Freeze Creek and Brigham Fork drainages, where it crosses the following Private Parcels (Figure 1) first segregated from the public domain:
- N 1/2 of the SW 1/4 of Section 32 (“Parcel 1”)
- SE 1/4 of the NW 1/4 of Section 32 (“Parcel 2”)
- SW 1/4 of the NE 1/4 of Section 32 (“Parcel 3”)
- N 1/2 of the NE 1/4 of Section 32 (“Parcel 4”)
- S 1/2 of Section 29 (“Parcel 5”)
Hendricks Canyon Trail is approximately 1.3 mile in length, comprising portions of current day Emigration Estates Road and Twin Creek Circle. The last 0.7 miles is an old wagon road / jeep trail connecting to, and running along, the current day Freeze Creek Trail. Hendricks Canyon Trail runs generally South to North from Old Quarry Road to the Subject Property, where it crosses the following Private Parcels first segregated from the public domain:
- S 1/2 of Section 29 (“Parcel 5”)
- SW 1/4 of Section 28 (“Parcel 6”)
- S 1/2 of the N 1/2 of Section 28 (“Parcel 7”)
- N 1/2 of Section 29 (“Parcel 8”)
Figure 2. GLO Master Title Plat Overlaying 1882 Cadastral Map with Private Parcels by Date of EntryThe timeline below provides a history of the Subject Property and Private Parcels on the right with relevant local and national history on the left.
February 2, 1848
The Treaty of Guadalupe Hidalgo made all land in the Utah Territory part of the public domain in the possession of the United States government with a clear and undisputed title. No state contested title, and no private rights had been established previously. Therefore, every original land title in Utah can be traced to a patent or other document transferring that land from the federal government.
July 26, 1866
Congress passes 14 Stat. 251, Act Granting Right of Way to Ditch and Canal Owners over Public Land, known as the Mining Act, including Section 8, that later became Revised Statute 2477 (“R.S. 2477”). R.S. 2477 granted rights-of-way across federal lands for the construction of highways.
February 20, 1880
The first state highway statutes were adopted in Chapter 29, Laws of the Territory of Utah 1880, requiring five years of public use to take a public highway. These laws were expanded in Chapter 12, Laws of the Territory of Utah 1886, Compiled Laws of Utah 1888 and later incorporated in Title 30, Revised Statutes of Utah 1898, Compiled Laws of 1907 following Utah statehood in 1896.
December 11-15, 1881
Subdivision lines of Township 1 North, Range 2 East, Salt Lake Meridian were first surveyed by U.S. Deputy Surveyor Ferdinand Dickert in the 1881 Field Notes. The Right-of-Way is described in its present location as an “old road,” “wagon road,” and “road to Stone Quarry” by Dickert. The field notes reference a farm in the NW 1/4 of the SW 1/4, a cabin in the SW 1/4 of SW 1/4, and a fence along the Old Quarry Road in Section 28 (located on Parcel 6) through Section 32 (Parcel 4).
April 28, 1882
Surveyor General’s Office of Salt Lake City, UT approves 1882 Survey Plat Map of Township 1 North, Range 2 East, Salt Lake Meridian by Ferdinand Dickert.
May 31, 1882
Lloyd G Johns files homestead claim for Subject Property authorized by the Soldier’s Additional Homestead Entry under Section 2306, Revised Statues of the United States granting additional homestead lands to soldiers and sailors who served in the war of the Rebellion. Mr. Johns claimed two 40 acre parcels in T1N R2E SLBM, the NE1/4 of the SW1/4 of Section 22 east of what is today known as Pinecrest and the SE1/4 of the SE1/4 of Section 20 at the head of Freeze Creek.
June 3, 1882
LeGrand Young incorporates the Salt Lake Rock Company owning quarries in Red Butte, Emigration, Spring and George’s Canyons previously worked by the public. An article in the Salt Lake Tribune the following day extends an offer of public road access for teamsters to purchase quarried stone ‘on the ground’ and haul it for a profit.
July 29, 1882
Seymour B. Young and Le Grand Young record a Bill of Sale granting Salt Lake Rock Company both of Johns’ homestead parcels along with the Emigration Canyon quarries in Brigham Fork and Pinecrest Canyon. These properties accounted for all of Salt Lake Rock Company’s Emigration Canyon quarries located in three adjoining draws on the north side of Emigration Canyon: Burr’s Fork (Pinecrest), Brigham Fork, and Freeze Creek (Hendrick’s Canyon).
October 18, 1882
William Bowman, considered one of the most experienced quarrymen in the country, commits suicide because he had been “greatly exercised over the loss of the quarries in [Emigration Canyon] which he had worked for many years, and which had been swallowed up in the claims of the Salt Lake Rock Company… which he considered he had been robbed of.”
March 13, 1884
Utah Territorial Legislature passes an act requiring the Surveyor General to “distribute all books, records, plats and papers of surveys made within the counties in the Territory…to the county surveyor of Salt Lake county.” County recorders are also required to keep an “Index to Recorded Maps, Plats and Subdivisions.”
October 21, 1884
An article in the Salt Lake Evening Chronicle accuses Salt Lake Rock Company of conspiring to monopolize the 2,000 cords of sandstone consumed the previous year in Salt Lake, estimated to be worth $25,000 at the prevailing price of $12 to $13 per cord. The article explained 2,400 acres containing “all sandstone beds in the vicinity of Salt Lake that would produce stone suitable for building purposes” were purchased through “soldier’s additional scripts.”
March 11, 1886
Utah’s highway statutes are revised in Chapter 12, Laws of the Territory of Utah 1886, to require ten years of continuous and uninterrupted use as a public thoroughfare to be taken as a public highway.
August 3, 1886
The remaining subdivision lines of Township 1 North, Range 2 East, Salt Lake Meridian are resurveyed by Otto E. Salomon in the 1886 Field Notes. The wagon road leading to the subject property is noted in the same location between Sections 20 and 29 as in the 1881 field notes.
May 21, 1888
George H. Brown files Homestead Application 8110 for the SE 1/4 of Section 28. This claims was subsequently cancelled on December 13, 1890 and later successfully claimed by Frank Erath.
July 20, 1888
Lloyd G Johns is issued Homestead Entry patent 1965 by the United States of America under authority of the 1862 Homestead Act according to the official plat of the survey of the said land returned to the General Land Office (GLO) by the Surveyor General.
1890
The 1890 Map of Salt Lake County prepared by Collier & Cleveland Lith. Co., of Denver, Colorado and recorded with the United States Library of Congress depicts Hendricks Canyon Trail branching off the Old Quarry Road in Section 28 over Freeze Creek Trail as it exists today bearing north along Freeze Creek through the 40-acre parcel between Sandstone Peak and Peak 7600’ (Pear Peak). Old Quarry Road continues into Brigham Fork and turns north-northwest running through Section 21.
January 6, 1890
John P Wretburg files Homestead Application 8584 for the SW 1/4 of Section 32 (Parcel 1), who resided with his wife, Mary K [Mattson] from the fall of 1888 until his death on July, 24 1892 and his wife’s death in November of that same year. Gustof Emanuel Wretburg of Salt Lake City, son and heir of John P Wretburg, did not reside on the land but maintained the improvements until the application was approved and issued a patent.
March 3, 1890
Executive Order 438-W-D-1890 was initiated by Secretary of War Redfield Proctor in a memo to President of the United States of America Benjamin Harrison requesting the reservation of the “E1/2 Sect. 20 Tp. 1 N. R. 2 E., Salt Lake Meridian, with the exception of the SE 1-4 of the SE 1-4 Sec. 20 Tp. 1 N. R. 2 E.” according to “the plat of the proposed addition [] herewith enclosed.”
March 13, 1890
Statutory dedication of roads by plat was first established by the 1890 Laws of the Territory of Utah, authorizing the owner of any land to lay out and plat it into lots, streets, alleys, and public places, and providing for dedication of the public places.
March 18, 1890
President Benjamin Harrison approved Executive Order 438-W-D-1890, stating “The within request is approved, and the addition to the Fort Douglas Reservation is made and proclaimed accordingly. The Secretary of the Interior will cause the same to be noted in the General Land Office.”
March 30, 1890
The General Land Office annotated the 1882 plat map (source|image) with the notation “Reserved to Fort Douglas U.S.M.B., see Hon. Com. Letter E March 31, 1890” and depicted the boundaries of the Subject Property with frontage upon the Right-of-Way.
April 10, 1890
Arthur Meads purchased the Consolidated Quarry Claim in the Hot Spring Mining District “situated partly in the South West quarter of Section No 28 [Parcel 6] and partly in the South East quarter of Section No 29 [Parcel 5]… in what is known as Brigham Fork of Emigration Canyon.”
May 1, 1890
Carl C. Jensen, a single man, files Homestead Application 8707 for the S1/2 of the N1/2 of Section 28 (located on Parcel 7). Jensen established residency upon the land in August 1889 and constructed his house and barn in July 1890. Jensen continuously resided on the land without absence and made improvements to five acres of cultivated farmland upon which crops were grown for six seasons. Jensen resided on the property until at least April 10, 1915 when a portion of Parcel 7 was subdivided and sold to J.A. Brindley and Emma F. Meik.
October 31, 1891
Surveyor General’s Office of Salt Lake City, UT approves 1891 Survey Plat Map of Township 1 North, Range 2 East, Salt Lake Meridian by Otto E. Salomon. The plat depicts the Right-of-Way crossing Section 29 through the Subject Property and continuing into the NE1/4 of the SE1/4 of Section 20 approaching the shoulder of a point named Sandstone Peak.
November 9, 1891
The Southwest ¼ of Section 28 (Parcel 6) remained public land until first transferred from the US Government to Arthur Meads through Cash Entry patent 3662 under authority of the 1841 Preemption Act.
November 7, 1892
Frank Erath files Homestead Application 10012 for the SE 1/4 of Section 28. Erath and his family established residence in a tent in late November 1892. Erath’s wife Ella and two children moved onto the property after the rustic, two room farm house complete with shingle roof, windows and doors was built in May 1893.Erath continuously resided on the land with absence in intervals of up to two weeks at a time to make a living while his family remained while he improved eight acres of cultivated farmland upon which crops were raised for four seasons.
March 3, 1893
Samuel E. Allen files Homestead Application 10220 for Parcel 2, Parcel 3, and Parcel 4 in Section 28. The homestead claim was cancelled May 15, 1900 and Allen died at the age of 70 on February 17, 1904. These parcels were eventually acquired in 1907 by John M.C. Allen and Elizabeth J. Allen, Administrators of the Estate of Sam Allen from the State of Utah after the school lands were transferred to the Territory of Utah by an act of the US Congress in 1894.
December 2, 1893
Francis “Frank” Meik files Homestead Application 10718 for the W 1/2 and NE 1/4 of the NW 1/4 of Section 32, along with his wife and three children. Meik and his family established residence in May 1894 with three absences of a month during winter for three months in all to earn money for improvements. Meik cultivated 45 acres and raised crops for four seasons. The Meik family became an Emigration Canyon dynasty residing there for generations.
January 8, 1894
The “Hendricks Canyon Rock Quarry placer claim of gold, silver and other precious metals” was recorded by the Hendricks Canyon Rock Quarry Association as “situated in a fork of Emigration Canyon about one mile and a half up Hendricks Canyon being the SE 1/4 of Section 20 T1N R2E”.
July 16, 1894
Parcel 2, Parcel 3, and Parcel 4 remained public land until deeded to the State of Utah in Section 6 of an Enabling Act approved July 16, 1894 by the of the United States Congress and later transferred to the private ownership of the Sam Allen’s legal heirs on June 11, 1907
August 21, 1896
The Southwest ¼ of Section 31 (Parcel 1) remained public land until first transferred from the US Government to John P Wretburg through Homestead Entry patent 5449 under authority of the 1862 Homestead Act.
January 12, 1897
The South 1/2 of the North 1/2 of Section 28 (Parcel 7) remained public land until first transferred from the US Government to Carl G. Jensen through Homestead Entry patent 5552 under authority of the 1862 Homestead Act.
February 27, 1897
All of Section 29 (Parcel 5 and Parcel 8) was awarded to Union Pacific Railroad Company in a serial patent dated February 27, 1897 under authority of the 1862 Pacific Railroad Act (12 Stat. 489) and later transferred to Salt Lake City.
June 6, 1900
Claude B Durst, et al., filed a Notice of Location for the Duquesne Rock Quarry on the SW1/4 of the SE1/4, the NW1/4 of the SE1/4, and the NE1/4 of the SE1/4 of Section 20 T.1N. R.2E. in the Hot Spring Mining District on May 31, 1900.59 ”This claim is located upon a valuable vein or deposit, bearing gold and other precious metals, situated in Hendrex [sic] Canyon.”
October 21, 1901
Notice of location filed by J. H. Rivers, et al for the Gates Placer on the N 1/2 of the N 1/2 of Section 28.
April 16, 1903
Claude B Durst, et al. later filed a second Notice of Location for the Durst Rock Quarry Placer Mining Claim on the NE1/4 of NW1/4 and SW1/4 of SE1/4 of Section 20 T.1N. R.2E. in Hot Springs Mining District “located upon a valuable vein or deposit, bearing gold and other precious metals, situated in Hendricks Canyon.”
May 13, 1903
Notice of location filed by Thomas J. Anderson, et al. for the Maple Placer on the NE 1/4 of Section 28.
February 10, 1905
E.L. Land, et al. filed a Notice of Location for the Lone Tree Lode and Lone Tree No. 1 Lode on Section 20 in Hot Springs Mining District “located on ridge between South Fork of Red Butte Canyon & Hendricks Canyon, the latter passes between Sand Stone Peak & Pear Peak & runs approximately North & South”. Additional Notice of Locations by E.L. Land, et al for the Lone Tree No. 2, 3, and 4 Lode on Section 20 in Hot Springs Mining District were dated July 23, 1905.
April 7, 1906
Le Grand Young acquires clear title to the Subject Property with a deed issued following a series of tax sales in the 1890’s and 1900’s
July 4, 1908
Emigration Canyon Rail Road begins service after route up Pinecrest and into Brigham Fork was graded the prior year. The rock quarries were worked extensively with rock hauled by team over the roads prior to the railroad and teams were expected to continue hauling rock after the railroad.
August 1, 1908
The Salt Lake County Map by Browne and Brooks, Engineers, compiled from actual surveys and official records depicts the Right-of-Way along the same route as the 1882 map but differentiates the quality of road with two solid parallel lines for the Old Quarry Road and two segmented parallel lines for Hendricks Canyon Trail and a new segment connecting Old Quarry Road to Pinecrest Canyon Road.
February 8, 1909
The Copper King Gold Mining Company, based in Salt Lake City, Utah reported striking a vein “three and one half feet wide, assaying $300 in gold, thirty-two per cent copper, and fifty-eight ounces in silver” located on property 11 miles east of Salt Lake in Hendricks Canyon, Hot Springs Mining District.
January 12, 1910
LeGrand Young transfers the Subject Property and other quarries to Emigration Canyon Rock Company through a Bill and Sale deed.
January 20, 1910
LeGrand Young and John Winder incorporate the Emigration Canyon Rock Company to take over their combined quarries totaling 1,500 acres, including Young’s quarries that had been leased in September 1908.
1914
Affidavit of Emma Bertagnole dated July 16, 1976 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.”
February 18, 1917
Emigration Canyon Rail Road is abandoned “owing to small demand for rock building purposes” with the advent of cement.
January 17, 1920
Le Grand Young sells the Subject Property and other property containing the quarries in Brigham Fork and Pinecrest to Leo, Angeli, Fred, and William Bertagnoli who have been herding sheep in the canyon since the 1914.
January 3, 1922
Parcel 6 was purchased by the Bertagnole brothers from Aaron Keysor, successor in title to Arthur Meads and purchaser of the Consolidate Rock Quarry on the same parcel. These two parcels passed to Modesta Bertagnoli on December 31, 1923.
1933
Sheet No. 25A, Salt Lake County Surveyor’s Office, circa 1933, depicts the Old Quarry Road over the same route as the 1908 county map but Hendricks Canyon Trail is not shown despite being depicted on previous maps and visible in all aerial imagery from 1940 onward.
August 26, 1940
Soil Conservation Service (SCS) 1940 COH shows the Right-of-Way clearly visible from Emigration Canyon Road all the way to the Subject Property following the same route described in the 1881 survey notes and depicted on the 1882 cadastral map nearly 60 years earlier. A second trail is visible branching off Hendricks Canyon Trail at the location of the present-day Twin Creek Circle cul-de-sac and running north in Section 29 for approximately a quarter-mile until reconnecting to the historical route north of the quarter corner after it crosses back from Section 28. This mechanically graded branch (referred to herein as the “Jeep Trail”) is visible in all subsequent imagery in its present-day location in a condition suitable for public use.
December 23, 1950
Private Parcels 2, 3, 4, and 6 were transferred with the Subject Parcel to Modesta’s two sons and their wives: Leo M. and Marguerite Bertagnole and Fred and Emma Bertagnole.
August 12, 1953
United States Army Map Series (AMS) Corps of Engineers 1953 (Western United States High Altitude) Project Aerial Index shows the Right-of-Way in the same location as the 1940 imagery.
1954
Salt Lake County Map of T1N – R2E & R3E, Sheet 5 of 18 Sheets, prepared by the Office of Salt Lake County Surveyor & Engineer, 1954, revised January 1957 shows Old Quarry Road as a primitive road where it leaves Emigration Canyon Road through the S 1/2 of Section 32, then terminating where Private Parcels 3, 4, and 5 transferred to the Bertagnole family in 1950 a few years prior to creation of the map.
1961
The 1961 USGS Mountain Dell, Utah Quadrangle Map depicts the Old Quarry Road with a parallel segmented route for an ‘unimproved road.’ Hendricks Canyon Trail is depicted with a single segmented route labeled ‘JEEP TRAIL’ following the historical path crossing into Section 28 south of the quarter section marker and shortly returning into Section 29 north of the same marker. The Right-of-Way is shown providing access to the Subject Property over the same route through sections 32, 29 and 28 as on previous maps.
June 25, 1963
United States Forest Service (USFS) 1963 ELK (Wasatch-Cache National Forest, Utah) Project Aerial Index, shows the Right-of-Way clearly visible from Section 31 all the way to the Subject Property following the same route described in the 1881 survey notes and depicted on the 1882 cadastral map over 80 years earlier.
October 1, 1974
A fifty percent ownership interest in the Subject Parcel and Private Parcels 2, 3, 4, and 6 was consolidated into holdings of the Bertagnole Investment Company Limited Partnership (“BIC”). 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, recorded on November 7, 1978 in Book 4767, Page 210 as Document 2193380 under probate in the matter of the Estate of Marguerite Bertagnole.
June 28, 1977
United States Geological Survey (USGS) 1977 Mountain Dell Digital Orthophoto Quadrangle (DOQ) q1221 shows the Right-of-Way in the same location as previous maps and imagery, but the vegetation growth along the Hendricks Canyon Trail makes identifying the route through Section 29 difficult.
October 18, 1977
Private Parcel 5 was also consolidated into holdings of the BIC when it was sold by Salt Lake City Corp in 1977. 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.”
October 19,1977
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.
May 29, 1983
United States Fores Service (USFS) 1983 Aerial Photographs EC 406-409 shows Old Quarry Road from Emigration Canyon Road through Sections 31 and 32, but the aerial photographs do not capture the Right-of-Way as it crosses Sections 29 and 28. The Old Quarry Road appears to be an improved dirt road at this time with unrecorded trails branching off to the north. No development is shown occurring on the Private Parcels at this time.
April 24, 1985
Emigration Oaks PUD 1A is approved by the Salt Lake County Commission claiming a portion of Pioneer Fork Road as a private street.
July 5, 1985
BIC, EMBC, Boyer, and the Association execute a Declaration of Easements for access across Private Parcels 1, 2, 3, 4, 5, and 6.
August 6, 1985
United States Forest Service 1985 Salt Lake County Project Aerial Photograph 21-3 shows the Old Quarry Road from the west border of Section 32 through Section 29 where it becomes noticeably more overgrown in Sections 28 and 21. Hendricks Canyon Trail is clearly visible over Section 28 and over portions of Section 29 through the thick vegetation present. No development is shown occurring on the Private parcels at this time.
July 23, 1987
United States Geological Survey (USGS) 1987 National High Altitude Photography (NHAP) shows Old Quarry Road visible from Emigration Canyon Road through Sections 31, 32, 29, and 28 into Brigham Fork. Hendricks Canyon Trail is clearly visible in the aerial imagery leaving the Old Quarry Road and crossing into Section 28 where it is obscured by vegetation. The Jeep Trail is also visible leading into Section 28. Very few homes exist along the Right-of-Way at this time but numerous off road trails are present across the Freeze Creek area.
March 15, 1988
Private Parcels 2, 3, 4, 5, and 6 were obtained by Boyer from Crossland Savings on March 15, 1988 in a Special Warranty Deed after a default by BIC.
October 29, 1990
Emigration Oaks PUD 2A and PUD 3 is approved by the Salt Lake County Commission on October 29, 1990 and September 2, 1992 respectively claiming a portion of Pioneer Fork Road as a private street. The portion of Pioneer Fork Road designated in Emigration Oaks Phase 1A PUD and 2A PUD was transferred from Boyer to the Association on August 8, 1991 and Phase 3 PUD on February 22, 1994.
September 8, 1993
United States Geological Survey (USGS) 1993 Mountain Dell Digital Orthophoto Quadrangle (DOQ) shows the Right-of-Way from Section 32 to the Subject Property. Pioneer Fork Road is now present over a portion of the Old Quarry Road up to Section 29 and new houses are being built in Section 32. Hendricks Canyon Trail is visible from Pioneer Fork Road, but vegetation growth makes it difficult to identify the portion of the Right-of-Way over Section 29.
January 24, 1994
Emigration Oaks Phase 4 PUD is approved by the Salt Lake County Commission on on January 24, 1994 claiming a portion of Emigration Estates Road as a private street. Emigration Estates Road designated in Emigration Oaks Phase 4 PUD was transferred from Boyer to the Association on January 1, 1996.
October 4, 1997
United States Geological Survey (USGS) 1997 Mountain Dell Digital Orthophoto Quadrangle (DOQ) shows Pioneer Fork Road paved over the Old Quarry Road into Section 28 with multiple new streets providing frontage to dozens of recently built houses. Emigration Estates Road appears improved but no houses exist along it. The unpaved segment of the Right-of-Way over Section 29 is visible along Freeze Creek to the Subject Property.
1998
United States Geological Survey (USGS) 1998 Mountain Dell Quadrangle depicts Pioneer Fork Road, Emigration Estates Road, and North Twin Creek Circle as light-duty roads with unknown composition. The Jeep Trail is again depicted as a single segmented route, the same trail markings on 1961 Quadrangle, but is not labeled. The route of the Right-of-Way remains approximately the same as it was in 1881.
November 1999
The Salt Lake County Public Works Department’s 1999 Emigration Canyon General Plan describes the situation of Freeze Creek Trail Access Point #8 and #9 depicted on the Emigration Canyon Township Recreational Trails and Trail Access Plan map.
March 29, 2000
Emigration Oaks Phase 4 PUD is approved by the Salt Lake County Commission on on March 29, 2000 claiming a portion of Twin Creek Circle as a private street. Twin Creek Circle designated in Emigration Oaks Phase 4 PUD was transferred from Boyer to the Association on July 7, 2000.
July 16, 2001
United States Department of Agriculture, Forest Service (USDA-F) 2001 shows Emigration Estates Road and Twin Creek Circle as a paved road with only a couple of houses present at the intersection with Pioneer Fork Road. All of Hendricks Canyon Trail is clearly visible across Section 29 and part of Section 28 to the Subject Property.
September 14, 2003
United States Geological Survey (USGS) 2003 High Resolution Orthoimagery shows the Right-of-Way over parts of Section 28, 29, and 32. A few houses are now present along Emigration Estates Road with Twin Creek Road ending in a cul du sac. Hendricks Canyon Trail is visible from the cul du sac with vegetation growth obscuring portions of the Right-of-Way over Section 29.
February 2, 2006
United States Geological Survey (USGS) 2006 High Resolution Orthoimageryshows the Right-of-Way over parts of Section 28, 29, and 32. A house has been constructed on the cul du sac over the Jeep Trail but Hendricks Canyon Trail remains accessible to Section 28 and visible with vegetation growth obscuring portions of the Right-of-Way over Section 29.
2007
The 2007 Emigration Canyon Trails Master Plan depicts Hendricks Canyon Trail on Map 3 – Existing Trails according to Salt Lake City Public Utilities – GIS Division Database.
April 21, 2009
United States Geological Survey (USGS) 2009 High Resolution Orthoimagery shows the Right-of-Way is visible over parts of Section 28, 29, and 32. A new house has been constructed along Twin Creek Road. Hendricks Canyon Trail is clearly visible leading into Section 28 with vegetation growth obscuring portions of the Right-of-Way over Section 29.
March 8, 2012
United States Geological Survey (USGS) 2012 High Resolution Orthoimagery shows the Right-of-Way over parts of Section 28, 29, and 32. Hendricks Canyon Trail is clearly visible leading into Section 28 with vegetation growth obscuring portions of the Right-of-Way over Section 29.