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• <br />VAUL V. EVANS NO. 9l9 <br />G. SCOTT BRiGC! No. 1150 <br />10000-87053 E <br />May 13, 1988 <br />EVANS 8 BRIGGS <br />ATTORNEYS AND COUNSELLORS AT LAW <br />532 S. Weber <br />Colorado Springs, Colorado 80903-3906 <br />Sparks, Dix, Enoch, Suthers s Winslow, P.C. <br />Attn: Barton L. Enoch, Esq. <br />P. O. Box 1678 <br />Colorado Springs, Co 80901 <br />4REA CODE ~J 19~ <br />A)J~A660 <br />~,, ~-~: G :; . . <br />• III IIIIIIIIIIIIIIII <br />999 <br />f~PIY 1'.' tu58 <br />i.~i:tiE-~ ..-.~,. <br />CASTLE CONCRETE OOMPANY'S MINED LAND PERMIT AMENDMENT APPLICATION <br /> <br />0 <br />G°' <br />~( <br />I have requested Mark A. Heifner, Envircmental Consultant, to address l:he issues <br />posed in your objection letter dated May 4, 1988, insofar as they cona~rn the <br />application. However, I am responding to items 1 and 2 of your letter which <br />concern legal issues. Castle Concrete Canpany has a grant of easement over all <br />lots in the Cedar Heights Subdivision filings. That grant of easanent was <br />created by the document recorded at Reception Number 646692, in Book 3;85, Page <br />513, on February 22, 1980. A copy of that docunent is enclosed for yair <br />reference. There was considerable value given up to create the mining easement, <br />which is akin to an airport noise easement. I do not know when First Federal of <br />Maryland FSA, Preferred Savirgs Bank, Washington Federal Savings Bank, Riverview <br />Savings Bank, North Lake Federal Savings and Loan Association and Vancc>ver <br />Federal Savings Bank placed their Deeds of Trust of record, but even i1: they <br />were prior, this grant by the then fee title owners would not be extir~luished by <br />the foreclosure. Your significant experience as real estate counsel, ]: am sure, <br />will lead you to that conclusion, also. Further, the express language of the <br />easement provides for "for any and all of the consequences incidental t:o a <br />reasonable and lawful mineral extraction removal process, now occuring or <br />hereafter occurirg on the benefitted lard." This easement, therefore, is rot <br />restricted io Castle`s activities as they existed on February 20, 1980, the date <br />of execution of the grant. Even iE they were, those activites were <br />considerable. I trust that this response adequately addresses issues l and 2 of <br />your abjection letter. <br />As an additional observation, I do not recall our client receiving any notices <br />of your foreclosures, even though its address is specifically set out in the <br />body of the easement grant. <br />EVANS S BRIGGS <br />~H6 UIi11i11VAL OF. THIS ppf,V~ <br />NAS DULY 61GNEq BY, <br />~- cscott ~tiggs Attprnev „ Iw <br />G. SCOTT BRIGGS <br />GSB/dke <br />Enclosure: 1. 2/20/80 Warranty Grant of Easement <br />cc: Mined Land Reclamation Divisions Mark A. Heifner <br />Attn: Camille M. Farrell 37 East Colorado Avenue <br />Room 215, Centennial Building Denver, Colorado 80210 <br />1313 Sherman Street <br />Denver, Colorado 80202 Castle Concrete Canpany <br />Attn: Gordon K. Morgan, VP <br />P. O. Box 2379 <br />Colorado Springs, OD 80909 <br />