1892 Deed - Simmons to Jake Mackey deed recorded on December 6, 1892. Issac Bailey purchased the adjacent parcel on the same day. Both Mackey and Bailey may have lived on the land for several years prior to purchasing.

Family Tree of Jake & Sarah Mackey, Isaac & Ella Mackey Bailey, and George & Sarah Mackey - From “The Marriage List” and “Person Report of Richard Howard Thomas & Mary Ann Copeland provided by A. Towler, B. Garrett & E. Dorsey.”

Early Maps - Both showing Mackey Ridge Road going west from Probart Street leading up to the community of “Pinnacle” comprised of a cluster of nine or ten structures located between Transylvania School Camp and Hunts Branch. The 1945 Quad Map shows Mackey Ridge Road and trail extending through “Pinnacle” and westward well up into the mountains.

Emma Dorsey’s Map of “Pinnacle” - A “Map” hand drawn by Emma's granddaughter from Emma's memory. Emma lived in “Pinnacle” from 1939 until 1954. The “Map” shows nine structures, piping for water, drives, paths, and the main road.

1964 William Leonard Survey (partial) - showing Mackey Ridge Road and at least five remaining structures in 1964.

2003 Jenkins Survey - This survey shows the subdivision of Jake and Isaac's land being passed on to the Robinsons, Smiths, Flora Bailey Aiken, Edna Williams, Camp and Dorsey. The BMC and Garrett parcels are noted to the north.

2006 Singleton Survey - prepared for the City of Brevard titled “50' EASEMENT TO CITY OF BREVARD” (File 11 Slide 922) and is believed to contain incorrect information as follows.

1. The note “unable to positively locate end of the road” is not supported by subsequent surveys.

2. The Brevard Music Center and Garrett Parcels appear to be shifted to the south by 20 – 25 feet, effectively erasing the prescriptive ROW in which Mackey Ridge Road exists.

3. The end of DOT Maintenance is shifted to the east 90 feet.

City Council Meeting Minutes (2006) and Declaration of Taking (2008) - From November 06, 2006 city council meeting, states the public purposes for this condemnation are; Pursuant to GS 40A-3(b)(1), “opening and improving public roads and rights of way;” and the Declaration of Taking (2008) states “This taking is for the following public uses” “opening and improving public roads and rights of way” and “for all vehicular and pedestrian travel”

Exhibit “A”, from the Declaration of Taking - clipped from the Singleton Survey, in addition to deficiencies listed above, the Exhibit removes the title block, surveyors seal, Notes, City's Review & Acceptance Statement, File/Slide Stamp and the Surveyor's note stating his inability to positively locate this portion of the road. Lastly, a “Note” attached states “NOTE: THIS DRAWING IS NOT TO SCALE. THIS DRAWING IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. GS 47-30 (n)."

01. Affidavit of Publication, for Parcel 1, Published in the Transylvania Times - stating the “Taking” is for the following public purposes: “being a right of way for all vehicular and pedestrian travel” and “providing ingress, egress, and regress thereto, by and from the public road known as Pinnacle Road.”

2012 CMS Survey (partial) - prepared for the City of Brevard titled “BOUNDARY SURVEY AND PLAT of BRACKEN MOUNTAIN WATERSHED AND 50' RIGHT OF WAY.” Shows the ROW and actual location of the Mackey Ridge Road roadbed, parts of which are not within the ROW, and the roadbed extending well past the affected properties.

Driveway Permit Denial - Property Owners became aware that the lower 220 feet of the Trail had blocked access to the properties and met with the City to resolve (2023.) They appeared before the City Council (2024-2025) and to date the City has made no effort to resolve this problem. Two of the Properties were recently denied driveway permits to access the public ROW that was created “for all pedestrian & vehicular travel.”

2025 Survey (prepared for Roy Robinson and others) - shows the actual location of the Mackey Ridge Road roadbed, the overly wide ROW that is shifted to the south and NOT aligned with the existing roadbed. A local surveyor familiar with the area has called this “very odd.” The survey also shows the Garrett and BMC property located on the north side of the roadbed as per the legals that leaves the prescriptive easement for the road intact as it has been since the early 1900's.

2025 Property Sketch: The City’s ROW, Trail and Trail Infrastructure - shows the location of elements blocking the historic road including a disabled parking area, four rows of large boulders set across the roadbed, large trees, bushes, picnic tables and trail signs placed in the roadbed, and the beginning 160' of 2011 Bracken Trail crisscrossing the ROW.

Bracken Preserve Master Plan, pg. 8 & 10 - regarding access, owners of neighboring properties, and Mackey Ridge Road.

One Solution - Create a new 30’ ROW aligned with the existing Mackey Ridge Road roadbed. Then construct a new road, like Pinnacle Road, for hikers, bikers and property owners, "For all vehicular & pedestrian travel" as promised by the City.

A Better Solution - A new offset easement allowing a new alternate single track just for hikers and bikers. This option could easily start in the parking lot and route around, and to the north of, the Garrett and Brevard Music Center property and reconnect with the existing trail.