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GARFIELD COUNTY <br />COUNTY ATTORNEY'S OFFICE <br />109 8th Strerl, Suite 300 <br />Gleawad Spn~; Calotvda 87601.3303 <br />Tc4phau (303) 945.9150 <br />Far Na (303) 945-2379 <br />May 20, 1991 <br />Mr. Peter Matthies <br />7476 E. Arkansas, #104 <br />Denver, CO 80231-2562 <br />Dear Mr. Matthies: <br />Pursuant to your request on behalf of NCIG Financial, Inc. <br />concerning the status of County Road 335, I have conducted a brief <br />and cursory examination concerning the origins of that right-of- <br />way, together with its current status. Based on the information <br />I have reviewed, I believe that right-of-way to be both a public <br />and county road. <br />In reaching this determination, I have found that every Highway <br />User Map submitted to the State of Colorado since 1953 has shown <br />County Road 335 to be a public road and included within the County <br />highway system for which reimbursement of funds was sought from the <br />State of Colorado. Additionally, I have found road maps as early <br />as 1936 showing the existence of this road as part of the County <br />road system. Finally, the general reputation of the road in the <br />community is one of public status servicing both the Vulcan Mine, <br />as well as homesteads on the southern bank of the Colorado River. <br />Although I could locate no documents to this effect, the general <br />reputation of the road is that it was originally the Colorado <br />Midland railway right-of-way, which was transferred to Garfield <br />County for use as a public road. <br />Based on the foregoing, I believe that County Road 335 is, at a <br />minimum, a County road by adverse use and public maintenance. At <br />a minimum, that would grant a right-of-way to the extent of usage <br />and necessary maintenance, including the shoulders of the road. <br />Further research may disclose more definite boundaries concerning <br />the right-of-way, but I believe the foregoing should be adequate <br />to establish public access to your mine site. <br />If you have any questions, please contact me at your convenience. <br />Sincerely, <br />~' <br />1~ DON D ORD ~ <br />Garfield County ttorney <br />DKD:vlm <br />