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2020-02-28_REVISION - M2013054
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2020-02-28_REVISION - M2013054
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Entry Properties
Last modified
12/27/2024 5:43:28 PM
Creation date
3/2/2020 9:58:53 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2013054
IBM Index Class Name
Revision
Doc Date
2/28/2020
Doc Name
Incompleteness Response
From
Kiana Holdings II, LLC/Holsinger Law, LLC
To
DRMS
Type & Sequence
SO2
Email Name
SJM
THM
GXB
SDT
Media Type
D
Archive
No
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Holsinger Law, LLC <br /> lands, wildlife and water law <br /> Division of Reclamation,Mining and Safety <br /> February 26,2020 <br /> Page 2 <br /> The location of the Cotton Creek Pit is in the NW1/4 Section 27, Township 45 North, <br /> Range 10 East, N.M.P.M., Saguache County, Colorado (see Maps disclosed with annual reports <br /> for M-2013-054). Pursuant to the Special Warranty Deed, Sustainable Water Resources, LLC <br /> conveyed to Kiana Holdings II, LLC any and all of the "Grantor's water and water rights, <br /> together with all appurtenances, fixtures, infrastructure and improvements lying and being in the <br /> County of Saguache and State of Colorado" associated with Section 27, Township 45 North, <br /> Range 10 East, N.M.P.M., Saguache County, Colorado. Therefore, the structure for which a <br /> structure agreement was previously required is owned by the Transferee itself, Kiana Holdings. <br /> DRMS Requirement 2: "Legal Right to Enter" <br /> Kiana's Response to DRMS Requirement 2: The Legal Right to Enter was already <br /> addressed in the 1/23/20 Request. As noted on Page 2 of the submission cover letter, Kiana <br /> Holdings included with the 1/23/2020 Request the: <br /> General Warranty Deed from Sustainable Water Resources, LLC to Kiana Holdings II, <br /> LLC, recorded on April 8, 2019, Saguache County, Colorado at Reception 387702,which <br /> documents the legal right to enter. <br /> The location of the Cotton Creek Pit is in the NW1/4 Section 27, Township 45 North, <br /> Range 10 East, N.M.P.M., Saguache County, Colorado (see Maps disclosed with annual reports <br /> for M-2013-054). Per the General Warranty Deed, the entirety of Section 27, Township 45 <br /> North, Range 10 East,N.M.P.M., Saguache County, Colorado was conveyed to Kiana with all its <br /> appurtenances.No other documentation is necessary to evince Kiana's legal right to enter. <br /> DRMS Requirement 3: "Incorrect Notarizations (LLC left out, Kiana Holdings "2", <br /> should be "II")" <br /> Kiana's Response to DRMS Requirement 3: Kiana has determined that the incorrect <br /> notarizations occurred in the "Applicants' Agreement to Request Transfer of Mineral Permit and <br /> Succession of Operators" and in the "Financial Warranty."Updated,properly notarized copies of <br /> these documents are attached in response to DRMS Requirement 3. <br /> DRMS Requirement 4: "Affidavit of Authority has notary stamped twice & are <br /> overlapping" <br /> Kiana's Response to DBMS Requirement 4: An updated, properly notarized copy of <br /> the Affidavit of Authority is attached in response to DRMS Requirement 4. <br />
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