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2018-03-30_PERMIT FILE - C1981038 (7)
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2018-03-30_PERMIT FILE - C1981038 (7)
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Last modified
10/29/2018 8:03:59 AM
Creation date
10/29/2018 8:02:24 AM
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Template:
DRMS Permit Index
Permit No
C1981038
IBM Index Class Name
Permit File
Doc Date
3/30/2018
Section_Exhibit Name
VOLUME 7 Exhibit 14 Letters Paonia Loadout
Media Type
D
Archive
No
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Volume 7, Exhibit 14 <br />From: <br />Tds [markandellie@tds.net] <br />Sent: <br />Monday, June 12, 2017 6:56 PM <br />To: <br />Ryan Wilson <br />Cc: <br />Nancy Kelly <br />Subject: <br />June 5 meeting <br />June 12, 2017 <br />To: Ryan Wilson <br />From: Mark and Ellie Roberts and Nancy Kelly <br />Re: Bowie easement on our adjoining properties <br />I am confirming our understanding of the terms agreed to in our meeting on Monday, June 5, 2017. The <br />homeowners stated clearly that they do not want this easement converted to a road easement and being used as a <br />secondary access to the Bowie loadout site as stated in both the change of land use application and the <br />Department of Reclamation, Mining and Safety application PR -05. They unequivocally have not given <br />permission for the bridge to remain and for the railway easement to be converted to a roadway. <br />The homeowners agree to allow Bowie to leave the railroad grade embankment that extends along our <br />joint property line from the bridge to the "y" along front of the Roberts' property. The existence of the <br />berm has created a microclimate in the Roberts' orchard thus it is desirable to leave it in place to protect <br />this asset. <br />The homeowners agree to allow Bowie to leave the concrete abutments on the south side of the river, as <br />our properties would be further impacted by the removal than by leaving them. <br />Bowie agrees to remove the bridge completely, including the superstructure of the bridge and the two <br />concrete pylons from the riverbed. The homeowners do not want financial or legal liability for the bridge. <br />Bowie agrees to the termination of the easement on the Roberts and Kelly properties with a Release of <br />Right -Of -Way Agreement and a Quitclaim Deed filed in recordable form as stated in the original Right - <br />Of -Way Agreement recorded with the Office of the Recorder in Delta County on July 28, 1994 (479118). <br />Please let us know by return e-mail if you have any different understanding of any of these terms agreed to in <br />our meeting last Monday. <br />Sincerely, Mark, Ellie and Nancy <br />
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