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HOLLAND 8t HARTLLe <br />ATTORNEYS AT LAW <br />Floyd K. Murr, Esq. <br />June 7, 2002 <br />Page 2 <br />1. The term of easement would be for ten (10) years. <br />2. The easement would require a payment of $1,000 per year to the <br />Chacons. <br />3. Agate would be placed at the entrance to the Chacon property <br />similar to the gate at the entrance of your client's property, pictures of which <br />are enclosed. <br />4. The gate would remain closed during the day but unlocked, and <br />drivers would open the gate to let trucks through and close the gate behind <br />them. At 7:00 pm the gate would be locked, using atwo-lock system so that the <br />Chacon's lock could be opened after 7:00 pm and the gate would open. <br />If we do not reach a settlement agreement in this matter, within ninety <br />(90) days, we will hire a contractor to remove your water line and telephone <br />line and we will bill you for the removal. In addition, we intend to protest the <br />increased usage of the road by the addition of another gravel pit at the State <br />hearings. Should we reach a settlement in this matter we will withdraw the <br />protest. <br />With respect to our rights under a private right of way, we believe that <br />the courts would permit us to have the gates pursuant to Fortner v. EI Dorado <br />Springs Resort Co., 230 P.2d 386 (1924) and that the Court would prohibit you <br />from increasing your usage of the road or permitting Huerfano County Concrete <br />to use it or installing the water line and telephone line pursuant to Lazy Dog <br />Ranch v. Te[luray Ranch Corporation, 965 P.2d 1229 (1998). Copies of the <br />cases are enclosed. <br />I look forward to discussing this matter with you further. <br />Very ruly yours, <br />G ~~~~~~~./~ <br />Michael D. Martin <br />of Holland & Hart ~~P <br />MDM:IjI <br />Enclosure <br />2950837_1.DOC <br />