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Q <br /> To Use the Access Road <br /> State of Colorado <br /> Division of Reclamation, Mining and Safety <br /> Department of Natural Resources <br /> April 18, 2017 <br /> Page 4. <br /> Rule 6.4.14 of the Rules and Regulations states that in Exhibit N the applicant has <br /> to describe the "source of the Operator's/Applicant's legal right to enter and initiate a <br /> mining operation on the affected land." <br /> In Exhibit N of the Application, which is a contract between the Perrinos and the <br /> Applicant, the Perrinos granted in relevant part of¶5 that "buyer shall have full right of <br /> ingress and egress over and on the Property for the purposes of mining, storing and <br /> removing the Material ...." <br /> Further in ¶5 of Exhibit N the Perrinos stated that the "Owner covenants that <br /> he/she has full title to the Property ...," but notably they did not state that they have any <br /> interest in the Access Road. <br /> The Property's legal definition is set forth in Exhibit A of the Application, but it <br /> does not include the Access Road. <br /> Therefore, by the plain language of Exhibit N, the Perrinos did not, and could not, <br /> grant access right to the Applicant's use of the Access Road, only to use the Property. <br /> (ii) There is No Recorded Instrument Granting the Perrinos Ownership or <br /> Easement in the Access Road <br /> An electronic title search in the Clerk and Recorders' of Huerfano County, <br /> Colorado's data base revealed no indication that the Perrinos have any recorded interest <br /> in the Access Road. <br /> (iii) The Perrinos Did Not Have an Express Easement Right in the Access Road to <br /> Allow Them to Grant Permission for Its Commercial Use <br /> Without admitting that the Perrinos were granted permission by Sun River or its <br /> predecessor in interest to use the Access Road for their private ingress/egress purposes, <br /> such use, even if it was given which is denied, could not be extended to enlarge the scope <br /> of such easement to include a commercial operation, as it would be contrary to the <br /> parties' intent at the time of creating the express easement for private purposes. <br /> The Mitchells, as title owners of the northern half of the Access Road, clearly <br /> recall that they did not grant an express easement to the Perrinos for the use of such road. <br />