2003-07-02_REVISION - M1977534 - Laserfiche WebLink

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Porzak Browning &Bushong LLP '~ ATTORNEYS A T L A W 929 Pearl Street, Suite 300 • Boulder, CO 80302 Glenn E. Porzak 303 443-6800 • Fax 303 443-6864 Kristin Howse Moseley Michael F. Browning Kevin 1. Kinnear Steven J. Bushong Jason R. Dunn P. Fritz Holleman Amy W Beatie July 1, 2003 Lawrence 1~ MacDonnell, RECEIVED Of Counsel Division of Minerals and Geology Department ofNatural Resources JUL 0 2 2003 1313 Sherman Street, Room 215 Denver, CO 80203 ,~ Division of Minerals and Geolo@l/~~Z ~ ~ ~ `u~ L~~ 3 ~ yyp~.~7'/~o-w.r+a: Lr /-]-c~, `~ ~a S-. .. ~ i 7 S ~.le - E~ ~ i ce ~ ~-a- V / Re: Amendment to Permit No. M-77-534- 1 Dear Division Personnel: n ~b ~, ~i This letter is intended [o ~ipdate the Division on the legal right to enterfthe lands covered by the above-referenced amendment ("Amendment"). By my letter dated May 27, 2003, included in the Amendment application, it was explained that the legal right to enter the land was by lease agreements and/or by a pending petition for condemnation. As further explained by the May 27 letter, the City of Golden would be taking immediate possession of the land covered by the condemnation petition in late June once the amount of the deposit was determined. As expected, the City of Golden acquired possession of the lands covered by the condemnation petition last week. Enclosed is the Court Order Granting Immediate Possession dated June 26, 2003. As the Order is based upon stipulations for possession, those are also included far your information. The legal effect of the Order Granting Immediate Possession is that the City of Golden obtained the legal right to enter the lands covered by the condemnation petition when it depasited the necessary money in the registry of the Court last week. A copy of the Court's receipt is also enclosed. Between the Order and the existing lease agreements, Golden thus has the legal right to enter all of the land covered by the Arendment. As noted in the May 27 letter, for any lands where the City of Golden has the legal nght to enter, but Mountain Aggregates, Inc. does not currently have the right under its lease, Golden has agreed to allow Mountain Aggregates the legal right to enter, as may be necessary, under the requested Amendment. Thank you for your assistance in this matter. Please call if you have any questions. Sincerely, PORZAK RO '1NG & BUSHONG LLP Steve Bushong Special Counsel for tha City of Golden sb1622