2018-12-19_PERMIT FILE - M2017044 (3)

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Owner of record of the fee simple surface of MS # 16097 Hobo, located in Section 17, suspended Township 42 North, Range 6 West, of the New Mexico Principal Meridian, San Juan County Colorado, is Jones Mountain Trust whose 8155 FM 3237, Driftwood TX 78619-9417 Owner of record of the mineral estate MS # 16097 Hobo, located in Section 17, suspended Township 42 North, Range 6 West, of the New Mexico Principal Meridian, San Juan County Colorado, is McFarland Enterprises, Inc whose 1081 Mineral St./P.O. Box 617, Silverton Colorado 81433. Owner of Record means the owner or owners of a surface property interest, shown on the records of the County Assessor, as of the date of filing The State of Colorado does recognize the separate ownership of the mineral estate and the surface estate and that each owner having distinct private property rights as well as Easements by Preexisting Use. Research indicates that the access road passing over both MS #14916 Queen and MS #16097 Hobo, has been in existence since the early 1900. The establishment of the road and use to service the existing portal and mining area, now known as the Hobo 2 Mine, has led to an easement by preexisting use. Through the Divisions Rock/Metal Mining Limited Impact 110(1) Application of the Hobo 2 Mine, McFarland Enterprises Inc. The Division is subjecting, without warrant, the private property known as MS #14916 Queen and MS #16097 Hobo to a permit that the owners of said property have no vested interest in. Neither owner Frank and Eloyda Bridgewater owner of record of MS #14916 Queen nor Jones Mountain Trust, owner of record of the fee simple surface of MS #16097 Hobo, is an Operator in the proposed mining operation. Operator means any person, firm, partnership, association, corporation, or any department, division, or agency of Federal, State, County, or Municipal Government engaged in or controlling a mining operation. The simple matter of access, easements by preexisting use or any easements across said properties is reserved to a civil issue between McFarland Enterprises Inc., Frank and Eloyda Bridgewater and Jones Mountain Trust. McFarland Enterprises Inc., has formalized and recorded at the San Juan County Clerk and Records Office a non-exclusive easement and agreement from the owner of record, Frank and Eloyda Bridgewater for access across MS #14916 Queen. The recorded non-exclusive easement and agreement does contain a typographical error. The agreement state it grants surface access to the Queen, MS 14916, and the Hobo, MS 16097. The Bridgewater's do not own the MS #16097 Hobo. McFarland Enterprises Inc., Frank and Eloyda Bridgewater as well as State of Colorado, recognize that the recorded non-exclusive easement and agreement can not subject MS #16097 Hobo, or its owner, to any terms of the easement or agreement that are list within it. The error contained within the document does not change the intent or the validity of the document itself.