Ute Lakes Fishing & Recreation Club

UTE LAKES FISHING AND RECREATION CLUB
6 Miles North of Divide, Teller County, Colorado

History or Highlights as recalled by Roland W. Giggey

A Patent from the United States of America for this land, dated November 15, 1909, was issued to Arnold J. Bechbell and recorded in Teller County, January 21, 1910, in Book 25, Page 224, file number 70706. It appears the patent was issued for mining purposes but no ore(s) of any kind were discovered.

The Teller County records show that finally The Rule Creek Investment Company came in to possession of the above property. The Rule Creek Investment Company was owned by H. J. Gehm, then residing in Cripple Creek, Colorado. On June 29, 1926, reception number 114296, Teller County, H.J. Gehm of said Rule Creek Investment Company filed map and specifications for a proposed Rule Oreek Reservoir. Mr. Gehm thereafter did not proceed with construction of the dam. On September 11, 1928, J.W. Barron recorded a warranty deed from the Rule Creek Investment Company, by H. J. Gehm, conveying the above described property, reserving for himself (Gehm) what turned out to be, after subdivisions 1 and 2 had been created, lots 3 and 4 in block D. (Members have heretofore been furnished maps of subdivisions 1, 2 and Miller.) The deed from the Rule Creek Investment Company to J.W. Barron was recorded February 18, 1939.

On August 10, 1939 a Plat of UTE LAKES CLUB was filed in the Teller County records, Presid number 140,003, showing subdivisions 1 and 2. (Miller subdivisi on was created later.

Before this time there had been no lake on the Club property, merely small fish ponds which had been built by Mr. Gehm. Heretofore, Mr, Barron had formed Ute Lakes Fishing and liscreation Club and had sold some of the lots in 1 and 2 subdivisions to residents in Kansas, and it was reported at that time only Kansas people would be sold lots and become members of the Club. But sale of the lots was slow due to the fact that there was no lake on the property as heretofore anticipated by H.J. Gehm.

As stated, the sales of lots in subds. 1 and 2 were slow, possibly due, ale, to the fact that World War 2 was going on in Europe – 1939 and thereafter, but before our country became embroiled. About this time Mr. Barron contacted the San-Orr Construction Company of Kansas (owned by Mr. M.C. Miller) to build a dam according to the map and specifications heretofore Filed by Mr. Gehm.

The construction of the Ute Lake dam proceeded and was completed in 1941. However, by this time the sale of lots to Kansas people came to almost a standstill after the United States became involved, fully, in World War 2. No further sales of lots and membership in Ute Lakes Fishing and Recreation prohibited any “cash flow” to Mr. Barron. In the meantime J.W. Barron deeded Ute Lakes property to Ute Lakes Club, a Colorado Corporation he organized. This occurred May 5, 1941, recorded in Teller County records, book 247, page 503. Thereafter there were several conveyances affecting the Ute Lakes Club, the property finally resting in the name of J.W. Barron. Further, the San-Orr Construction Company had not been paid in full for the dam construction. Subsequently, the Miller Subdivision was created and it appears that the creation of this subdivision and later being deeded to Miller satisfied the indebtedness owed Mr. Miller. The Miller Subdivision Flat was filed for record in Teller County February 14, 1941, file #143-970. Mr. Miller later built a large modern house on his property, newly acquired. Mr. Leonard Whitlock, of Kansas, was later the owner of the Miller Subdivision,  having purchased from a Mr. B.J. O’Leary. Later the estate of Mr. Whitlock transferred the house and 28 lots in the Miller Subdivision to Mr. Bmet A. Blaes, of Wichita, Kansas. Our Club still owns l or 5 lots in the Miller Subdivision which were owned by a Mr. Dryden, a former president of Ute Lakes Fishing and Recreation Club.

On or about February 15, 1944, James W. Barron passed away.  On August 12, 1948, in Book 250, Page 541, File #155,369, the Ute Lakes property as heretofore set forth was quit-claimed to one JEWELL CURRY (CURRIE) of Colorado Springs, Colorado.

During the time J. W. Barron owned the Ute Lakes property he organized UTE LAKES FISHING AND RECREATION CLUB, an association. Protective covenants and conditions covering the operations of the Club were filed in the Teller County, Colorado, Clerk’s office on May 26, 1941, in book 247, page 527. These covenants and conditions protected the property and fishing and recreation rights of members who had purchased lots and on which a few cabins were erected. At that time there were about ten cabins on the sold lots, the remaining sold lots having no improvements, and these lots mostly owned by Kansas people. During World War 2 and thereafter, the Kansas people seemed to lose interest in the Club and the Association declined to almost nil. Mr. Barron had endeavored to get the Club to adopt by-laws he had prepared but the Kansas people were not interested, and the Club was barely alive in 1948 when Mrs. Curry bought the land – around 555 acres, including the lake. It seemed, rather than operating as a private fishing and recreation Club, almost anyone could make use of the Club’s facilities – strangers from Colorado Springs and from Kansas and elsewhere. It was found that the then treasurer of the Club had about $22.00 on hand. The dues were 50¢ a year (no doubt to keep a few names active) and most of that not collected. Further, the new owner of the property, Mrs. Currie, took the position that she would not recognize the Club’s fishing and recreation rights and sold fishing permits to strangers. Before Mrs. Curry’s acquisition of the property, after Mr. Barron died, an effort by members was made to keep the lake stocked with trout and increased dues were collected for this purpose. As I recall $7.50 a year! This low figure helped some but was limited.

Barron had left the Ute Lakes property to two nieces (I believe their names were Dahler) who became executrixes of his estate, which they retained until 1948. In the meantime, between the date of Mr. Barron’s passing and the time of purchase by Mrs. Curry, Giggey who had just purchased the two lots retained by Mr. Gehm when he sold to Mr, Barron, had been elected president of the Club Association. Mr. W. Lee Kidd of Dodge City, Kansas, was vice-president and had been a member of the Club for a number of years previously and was more or less acquainted with the Kansas members who were then majority owners of lots. It was rumored that soon after the Dahlers were appointed to probate, they wanted to sell the Ute Lake property. Giggey became aware of this rumor and wrote Mr. Kidd in Kansas to contact the Kansas members to see if he could get them interested in buying the property. He responded that these people were scattered in Kansas and he “did not have the time or inclination to contact them.”

After this response from Mr. Kidd, Giggey took it on himself to see if anything could be done to save the Ute Lakes Club for its members. He had two good friends in Colorado Springs (jewelers with money!) whom he contacted. It was further rumored that the property would be sold for around $7,000-$8,000, The two jewelers said they would put up $5,000.00 if I would put up $2,500, and a deal could be worked out with the members to protect their rights and privileges in the Club. I then called on the lawyer representing the Barron estate to make a deal. He gave me the sad news that Mrs. Curry (Currie) had closed the deal to buy the property the day before. This was a blow!

Never-the-less, Giggey kept up an active interest in getting the Ute Lakes property in the hands of the members of our Club, if possible. He made many trips to the Teller County Courthouse – to the County Clerk, the Treasurer, the Assessor, etc. to search the records to see that all was in order; members’ taxes paid, taxes over-due, tax sales if any. The officers and directors of our Club had complete cooperation from the menbers. We had no caretaker and each member was considered to have authority to keep off the property all strangers, poachers, trespassers, etc. and to check and be responsible for their fishing guests. It was voted to allow each member the privilage of inviting 5 guests each year (for a small fee to the Club); later six guests. This arrangement proved very satisfactory to members who were desirous of havinz some of their friends enjoy Ute Lakes.

Some funny and amusing things occurred from time to time at the Club. A member and his wife had invited a “foursome” – two men and two women (married?) to be their guests. They were wont to have a “few drinks” and the next morning, when Mr. Beere went down to the Lake, he found the four people nude, swimming in the Lake! That was one of the reasons the Club stopped swimming in the Lake! Also a story could be written about the president (Giggey). He and David Neely, a former member and cabin owner, were fishing in Giggey’s boat. Dave liked a little nip now and then and he had brought along some “Old Haller”. We were in the boat feeling pretty good and noticed some people on the shore getting ready to fish. As stated, we were out in the boat and did not recognize who these people were. The president stood up in the boat, and being a little tipsy (due to the wind blowing?) called to the people on the bank to ask who they were. Giggey, standing up in the boat, lost his balance and toppled into the Lake. It so happened that among the people on shore was a member, an ex-presiden of the club, and the people with him were his invited guests! It took a long time to live this down.

As more members became further interested in the Club and fishing pressure increased, Giggey and a few of the members recommended that the dues be increased to $30.00 from $15.00 (in effect at this time) per year. Some opposition to this developed unknown to the executive committee. The president felt as though his idea of improving the Club, better fishing, etc., let it be known that if the dues were not raised to $25.00 or $30.00 at the next anual meeting of the members, he would not stand to be reelected. At the following meeting (annual) of the members, I believe in 1953, after some rather acrimonious proceedings, Giggey stood firm, and the officers of the executive committee were replaced by Frank Williams, president, W. Lee Kidd, vice-president and Wesley Fennell,  secretary-treasurer. My recollection is the dues remained at $15.00 per year.

Before the 1953 members’ annual meeting, Giggey had, for some time, been watching the Teller County tax sales, to protect the Club against new unwanted members who might claim fishing and recreations rights, contrary to our protective covenants and conditions. At about this time Giggey did discover 8 lots in subdivision #1 which had gone to tax sale – a Mrs. Allison of Manitou Springs held these certificates. This was before the change in officers of the Club during 1953. Giggey turned what information he had collected about the lots to the newly elected executive committee named above. About 6 months later, the president of the Club, Mr. Williams, telephoned me to say he did not know how to handle the matter and asked me for help. Giggey again took up the matter with Mrs. Allison’s lawyer and he advised me that Mrs. Allison was not interested in getting title to the lots – all she wanted was principal and interest paid to her. I made appointnents for Williams and Kidd to see the lawyer and advised them to take the Club’s check along and the deal could be finalized. To the consternation of myself and some other members of the Club, it turned out that two of the Treasurer’s deeds showing title thereto were made out in the names of Williams and Kidd: Lot 15 block A to Kidd and lot 3 block A, to Williams, both in subdivision #1. These two lots do not have membership certificates and for that reason no fishing or recreation rights. The remaining 6 lots were sold to present members for the benefit of the Club, which is mainly the source of the principal amounts in our savings accounts. The sale of the remaining 6 lots brought our membership up to 40.

As we got the Club reorganized, and the Kansas people seeming to want to dispose of their interests and sales by them were made to people, more cabins were built and the Club entered on a more reasonable mode of operation – a closely-knit Club ran with  observance of the Club’s protective covenants and conditions, by-laws and rules and regulations. Giggey, in the meantime, had been reelected president of the Club.

At the reorganization of the Club, Roland W. Giggey was elected president, William F. Marker, vice-president and C.C. Jahn, secretary-treasurer, composing the executive committee. During this time, in 1948 and thereafter, Mrs. Currie continued to assert property rights, claims, etc., and kept up a series of confrontations against the Club and its members. However, there were no more sales of fishing permits after the Club’s lawyer wrote to her to stop.

In the meantime, Mrs. Currie married one Alex Beere and they were wont to leave their “Ute Ranch” each fall and spend the winters in Southern Texas, Mr. Beere’s old “Stomping” ground. On Septenber 3, 1964, Mr. and Mrs. Currie-Beere left Ute Lakes for Texas by automobile. On Raton Pass, in southern Colorado, their car was struck by an oncoming vehicle and both Mr. and Mrs. Beere were killed. The First National Bank of Colorado Springs was made trustee-executor of their estate.

After the officers of the Club heard of the passing of Mr. and Mrs. Currie-Beere, it was necessary for the Club to form a Colorado corporation for the purpose of legally holding real estate. On the first day of February, 1963, a Certificate of Incorporation, not-for-profit, was granted to the Club by the Secretary of State. See Clubs minute book #1 dated February 14, 1963. The incorporators were Roland W. Giggey, president, Willian F. Marker, vice-president, and C.C. Jahn, secretary-treasurer. Later our Club was exempted from filing federal and state income tax returns.

The trustee (The First National Bank of Colorado Springs) held the property for some period of time, endeavoring to dispose of the Currie-Beere interests in the Ute Lakes Club. In the meantime, from 1964 through most of 1969, the executive committee of the Club contacted all our members about the possibility of purchasing the property.

About this time, Mr. James Burgess, of Spring Valley on Rule Greek above our Club, evidenced an interest in buying part of the Currie-Beere property, about 320 acres, with the Club buying the rest, about 247 acres. After a few months’ negotiations with the trustee, and after the executive committee had contacted all Club members and received their consent at a special meeting, a purchase agreement was drawn up whereby Mr. Burgess would buy the South 320 acres, more or less, and our Club would take the remainder of the property, including the Lake and all unsold lots owned by Mrs. Currie-Beere, and our Club received a Trustee’s Deed for said 247 acres. The members’ investment was $30,000, each member in good standing paying $750. There were, however, four owners of lots in subdivision #1, who were not members of the Club due to the fact their lots had gone to “tax sale” or they had dropped their memberships due to non-payment of dues, namely: Will Converth, lot 8 block 1; E.S. Lindsay, lot 7 block C for non-payment of dues and lot 15 block A (present owner Ty. R. Settles); and lot 11, block C – “tax sales”. A list of non-members has been furnished, the officers and directors showing the status of each of these lots with respect to their rights or non-rights on the Club’s property. This paper is also in the Club’s files for guidance in regard to future transactions bearing on the outcome of said lots.

VACATION OF LOTS
When our Club bought the Currie-Beere Ute Lakes property, included in the Trustee’s deed, heretofore mentioned, were 47 lots in subdivision #1 and 5 lots in the Miller subdivision. Due to the raise in assessed value of these lots by the Teller County Assessor, the Club would be obliged to pay yearly $750 tax on our land and lots. After going into this matter thoroughly by the members and officers and directors, at a meeting of the members, it was voted to vacate said lots, which was accomplished in 1974. Also, due to the fact that the members had heretofore voted to keep our membership at 40, the vacating of the lots was thought the proper manner to proceed. Mr. Blaes also vacated several of his lots. Our Club tax was reduced to around $50 per year after this “conversion”.

After the Club received title to the property, an investigation was made regarding its Water Rights on Rule Creek for the impounding of water. Giggey, president ofthe Club, and Harold T. Seely, vice-president (Mr. Seely being a civil engineer), made a check of the records and found these rights had never been adjudicated. After taking the matter up with the Colorado State Engineer in Denver, and retaining Marcus 0. Shivers, Esq., a water rights expert in Denver, and attending an adjudication procedure in Fairplay, Colorado, the Club came up with priority #2 on Rule Creek. The cost of this action was aroand $350 – a very valuable asset to our Club.

NEW ACCESS ROAD  When James Burgess of Spring Valley purchased the South portion of the Currie-Beere property, he reserved the right to change the location of our ingress road, which traversed his property, provided that he re-routed our road satisfactory to the Club members. Instead of notifying the Club of his intention of changing the road, he brought a quiet-title suit against us. The Club officers met with Burgess a number of times (after retaining John F. Bennett, Esc., as our lawyer). Burgess wanted to construct a road which went through a high-rise which, in the Club’s opinion, would accumulate large snowdrifts thereby blocking our ingress. This was not satisfactory. Burgess threatened to go to Court. Rather than spend a good amount of the Club’s funds, the Club decided to enter into an agreement whereby Burgess would purchase a right-of-way from one Mr. Boger; that the Club would pay one-half of the cost of this small piece of land for the right-of-way. To stay out of Court the Club paid $1,000 on the Boger land and one-half the surveyor’s fee, or $75. The entire matter was presented to the Club members, and receiving their willingness to go on with it, the final result was we have obtained a much better access road than we had before. The total cost came to around $2,500 including the lawyer’s fee. About $65.00 for each member which was thought well worth it.

MISCELLANY
Some time after Mrs. Currie became owner of the Ute Lakes property, she gave easements to the Intermountain Rural Electric Association to install poles for an electric line. This action, on her part, was appreciated and most of our members availed themselves of the opportunity to electrify their premises. Some time later Giggey contacted the telephone company and as a result of the high-line poles being available to the phone company, they agreed to run a telephone line tnrough the property.

The writer feels that it should be here mentioned that he was very ably assisted down through the years in the formative stages and operation of our Club. After reading the foregoing “History or Highlights” you may come to the reasonable conclusion that all was not a “Bed of Roses” – but worth it!

Before closing, I will relate one disturbing incident among all the former hazards we were obliged to put up with: A number of years ago some “nice person or persons” I presume not liking the beauty of our Lake, took it on themselves to open the drain valve on our dam! Giggey and his grandson, Steven Veatch, along with Mr. and Mrs. Sam Sparks, discovered this when the Lake was reduced to about one-half of its usual size. We immediately alerted three or four members (young and hardy), got the valve wheel out of my storehouse, and, after about four hours’ work they were able to close the valve and “save the day!” No one has ever uncovered a clue as to who the culprits were. This valve wheel remains in my storehouse and will be turned over to the present officers and directors.

In the foregoing “History or Highlights” of your Club, some events or matters may be missing, or perhaps some things mentioned should not have been included, and you will already have found that the story is not in altogether chronological order; it has been written to the best of my ability to remember. I have made an effort to be as accurate as possible in land descriptions and dates which you may find somewhat overstated in this “history” of the Club, but the data set forth may be useful sometime in the future if and when any kind of a search is found necessary of the Club’s records.

FINALLY
When the purchase of the land was completed it was necessary that the Club’s records conform to the property now owned, and a new set of Declaration of Protective Covenants was drawn up after full compliance of all Club members. This document was filed in the Teller County, Colorado, Clerk and Recorder’s office July 6, 1978, in Drawer 27, Cards 866 A & B and Cards 867 A & B.

This new Declaration of Protective Covenants and Conditions is in lieu and in place of the Protective Covenants and Conditions recorded by the late J.W. Barron, at book 247, Page 501, File number 144546.

The late member Charles Saleny, Sr. and Mrs. Saleny, down through the Club’s existence, compiled an interesting Album – photos of the Club, cabins, the Lake, the Annual Picnics, members, etc. This Album is in the hands of your officers and directors.

Good Fishing in the future!

Roland W. Giggey