2016-04-18_PERMIT FILE - M2016010 (13)

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Alderman Bernstein April 18, 2016 Page 4 servient estate holder cannot obstruct passage or travel on Little Turkey Creek Road (page 15, paragraph 4), but the proposed blasting operations and expected closures of Little Turkey Creek Raod violate that express language. Second, any blockage of Little Turkey Creek so that the dominant estate holders, including Ms. Kimble, cannot access their property via Little Turkey Creek Road also violates Colorado law. As the Colorado Court of Appeals stated in Riddell v. Ewell, the dominant estate holders, like Ms. Kimble, have "the right to unobstructed passage" over the entire ingress and egress easement at all times. See 929 P.2d at 31. In addition, the quarry operation increases the risks of further blockage of Little Turkey Creek Road due to man-made disasters. There is an increased risk of landslides across Little Turkey Creek Road caused by the removal of inorganic materials (namely soil and rocks) and blasting operations. There is an increased risk of flooding across Little Turkey Creek Road caused by the removal of vegetation and organic materials that is necessary to prevent extensive flooding along and over Little Turkey Creek Road. This increased activity and use of Little Turkey Creek Road by the servient estate holder clearly interferes with the rights of the dominant estate holder, including Ms. Kimble, to use Little Turkey Creek Road. Further, the dominant estate holders historically have fully maintained and improved Little Turkey Creek Road, without any assistance from the servient estate holder. Ms. Kimble and the other dominant estate holders have completed extensive repairs, especially after severe flooding, at a cost of close to $100,000 over the past 10+years. The servient estate holder has not contributed to the maintenance of Little Turkey Creek Road. The quarry operation likely will result in further erosion and damage to Little Turkey Creek Road, at a huge cost to Ms. Kimble and the other dominant estate holders. The Application does not include an explanation or description of if and how the servient estate holder will compensate the dominant estate holders for the impacts to Little Turkey Creek Road as a result of the change in use of the servient estate, Hitch Rack Ranch, into a granite quarry operation. Importantly,there is no alternative access to the Kimble Property or other properties within the Eagles Nest subdivision. Any blockage or closures of Little Turkey Creek Road for any amount of time fully interferes with the only right of ingress and egress to the Kimble Property or any other property within in the Eagles Nest subdivision. The proposed activities on Hitch Rack Ranch and resulting impact to Little Turkey Creek Road, including closures, damage and increased maintenance unreasonably interferes with the dominant estate (the Kimble Property and all other properties within the Eagles Nest subdivision). If the Application is granted and the quarry operation is allowed on the Hitch Rack Ranch (which is bisected by Little Turkey Creek Road), Ms. Kimble and other property owners within the Eagles Nest subdivision will almost certainly proceed with legal action both in El Paso