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Mr. Berlan Keffelew <br />July 26, 2002 <br />Page 2 <br />We believe that Chacons are simply attempting to force our client into annual Lease <br />payments by ignoring the historical use of this right-of--way. We also note that Mr. <br />Martin's letter suggests that the Chacons are attempting to build a damage claim <br />against Walsenburg Sand & Gravel, Inc. by accusing them of damaging several trees <br />on the property. Mr. Vezzani emphatically denies removing or damaging any trees <br />along the road or elsewhere, and since the road has remained virtually the same <br />through the years, there would be no reason for Walsenburg Sand & Gravel to make <br />any changes that would require removing or otherwise damaging the trees. <br />While Mr. Vezzani denies damaging the trees and does not know who is responsible <br />for the same, it is a fact that the City of Walsenburg was recently on the property <br />cleaning the ditch and may have inadvertently damaged some of the trees during that <br />process. <br />We anticipate filing the Declaratory Judgment action in this case within the next two <br />weeks or as soon thereafter as a legal description of the roadway can be made <br />available. <br />I trust this information will be of assistance in processing the application of <br />Walsenburg Sand & Gravel, Inc. that is presently before you. <br />Sincerely, <br />L - <br />W. Kett lkamp, Jr. <br />WCK:ab <br />