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MICHAFI A. GoLDMAN <br />JrrrrRY 1'. RoIWINS <br />LINDSI:Y K. S. NICHOLSON <br />JOSH W. MACK <br />OLDMAN <br />K O BBINS <br />ICHOLSONP.C. <br />ATTORNEYS AT LAW <br />June 6, 2014 <br />671) E. 2m) AvFNUE. Sul I r C <br />Po [3OX 2270 <br />DURAN60. Co 81302 <br />970/259 8747 <br />FAX 970/259 8790 <br />VIA HAND DELIVERY/ VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, NO 7010 <br />3090 0002 9923 52061 VIA REGULAR MAIL <br />John Avery <br />787 CR 120 <br />Hesperus CO 81326 <br />Re: DEMAND TO CEASE AND DESIST: TRESPASS & NUISANCE <br />Our File No. 1919.004 <br />Dear Mr. Avery: <br />This firm represents Clifford and Carolyn Attkisson, trustees of the Attkisson 1994 Revocable <br />Trust, the owner of Lot 2 Horseman's Park, located at 244 Equestrian Trail, Hesperus, Colorado, <br />and Jcff and Claire Bradshaw, the owners of Lot 3, Horseman's Park, located at 789 CR 120, <br />Hesperus, Colorado. Your entity, Luke the Duke, LLC, owns the property adjacent to and east <br />of my clients' properties, located at 787 CR 120, Hesperus, Colorado. <br />Trespass. <br />My clients advise that you have been using the private driveway that is located on my clients' <br />properties, which connects the Bradshaws' property to County Road 120 and to the Attkissons' <br />property, for the hauling of construction materials from your property. This letter is sent to <br />DEMAND THAT YOU IMMEDIATELY CEASE AND DESIST USING THIS PRIVATE <br />DRIVEWAY for the hauling of construction materials or for any other purpose and that you <br />direct all of your agents, contractors, and subcontractors to also cease using such road. <br />You have trespassed on my clients' properties at least three times that my clients have witnessed, <br />commencing on May 16, 2014. You have no legal easement, license or other permission from <br />my clients to use their private driveway. You have no legal easement on any portion of their <br />properties other than as shown on the plat for Horseman's Park subdivision. Your illegal use of <br />the private driveway is evident from the tracks from the mining operation on your property <br />(discussed below) to the driveway. <br />If you do not immediately discontinue the trespass on my clients' properties and direct all agents <br />to discontinue their trespasses, this firm is directed to institute legal action against you to obtain <br />monetary damages and injunctive relief restraining you from further trespasses. <br />EXHIBIT <br />