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Show Old railroad route becomes focos of complex title dispute by Christopher Smart Now that property values are soaring in Park City, it may well be worth while for Union Pacific Railroad to sue the municipality and numerous property owners for title to ground it gained easement to before the turn of the century. In a complex legal action, Union Pacific Land Resources, the land management branch of the railroad, has filed suit in Third District Court in Coalville for deeds to Park City, property where tracks were laid to serve the mines. The land in question may be worth up to $750,000 according to City Attorney Tom Clyde. The railroad is suing for title to land where a Union Pacific spur existed before the track was torn up in 1970. The track began behind the Utah Coal and Lumber restaurant and ran up Heber Avenue or what is known as the Deer Valley entrance road, around where the Stone Bridge Condominiums are now located, and up to Rossie Hill, Clyde said. The tracks continued up Rossie Hill Drive, down to what is now Ontario Avenue and up to the old Ontario Mill, according to Clyde. Of these grounds, where track no longer exists, four or five parcels are named in the suit along with individuals and lending institutions institu-tions who believe they hold legal titles. The defendants in the action may number as many as 40. When the tracks were laid, some time before the turn of the century, the railroad was granted easement to properties readily because of the need for a railroad and the fact that the property was not very valuable. In some cases the deeds granted right-of-way permanently and in some cases right-of-way was only granted as long as the tracks remained, Clyde said. If Union Pacific wins the suit, Clyde said that the city can condemn the ground which is now in public use, which means buying the property at market value. The public ground includes the Deer Valley access road. Of the privately-held parcels that Union Pacific claims, Clyde said he believes the parcel on Rossie Hill, comprised of five separate lots, will present the greatest concern. "The one that I think is going to be the problem is where the railroad cut from Rossie Hill Drive to Ontario Avenue," he said. "Union Pacific claims they hold title to some of the same lots that Paul Kalkbrenner has legal deeds to." Kalkbrenner said he owns three of the five lots on Rossie Hill named in the suit. "They say they have owned the lp":;d for a long time and have been paying taxes on it," Kalkbrenner said. "I have owned the land for three years and I have been paying taxes on it too. Apparently, the county has been accepting taxes from both." Kalkbrenner said his property on Rossie Hill may be worth in excess of $100,000 on today's market. If he loses the property in the suit, he will demand, repayment from Summit County Title company, which deeded him the property titles, he said. However, the Summit County records re-cords are in such shambles that it may be difficult for the court to sort out who owns what, according to Union Pacific attorney Dennis Farley. He said that in the past there has been "interloping on deeds" which has added to the confusion along with the questions over the legality of the easements. "The property is tied up in so many deeds that it is of no use to anyone," Farley said. He maintains that the legal action will clear up the problem once and for all. The property values in Park City haven't always been as high as they are now, Farley noted. It wasn't always as important where property lines were. With numerous routes of title and 40 defendants, the legal action will be complex and could be drawn out over a long period of time, Farley said. The courts may have difficulty analyzing all the factors that come into play, he said. Dale Hadley of Union Pacific Land Resources echoes Farley's remarks on the county property records. "We've done a lot of research and there seem to be overlapping deeds and missing records," Hadley said. He maintains that the railroad has continually paid taxes on the properties in question. Hadley said the railroad does not have an intended purpose at this time for the properties in question. |