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> .• •• <br />Mr. Wallace H. Erickson <br />December 16, 1999 <br />Page 2 <br />The Appellants submit that neither the Applicant nor the public has any right <br />of access whatsoever over the Appellants' lands. No instrument in writing has been <br />recorded in the Office of the Clerk and Recorder of Gunnison County, Colorado purporting <br />to create any easement or right of access, nor are Appellants aware of the existence of any <br />such instrument, recorded or otherwise. Any prior use of the road in question, whether by <br />the Applicant, the Applicant's predecessors in title, other persons, or the public has been <br />strictly by permission of the Appellants and their predecessors in title, which permission is <br />hereby revoked. The Applicant apparently has not advanced any other viable legal basis for <br />the existence of such right of access. Further, the theories that since an easement was <br />required there must have been one, and that the road is public "...because no documents <br />or other evidence has been found which indicates to the contrary' are entirely self-serving, <br />legally specious, and totally contrary to the provisions of the Colorado recording statute, 38- <br />35-_109 C.R.S. <br />Also, if a right of access is deemed to exist over the Appellants' lands, the <br />same constitutes a taking without compensation in violation of the provisions of the 5~' <br />Amendment to the U.S. Constitution and Sections 14 and 15 of Article II of the Constitution <br />of the State of Colorado. <br />6. Requested Relief: That the application be denied, or held in abeyance until the Applicant <br />can provide adequate evidence, recognized under applicable Colorado law, that it has a <br />legal right of access over the lands of the Appellants, or alternatively over lands other than <br />those of Appellants. <br />This Request for Administrative Appeal is filed with you, rather than with the <br />Division of Minerals and Geology in Denver, at your specific direction given me in our <br />telephone conversation of December 13, 1999. <br />Please advise at your earliest opportunity of the date, time, and location for <br />hearing on this appeal. <br />Sincerely, <br />~~ 3 .~ <br />Robert E. Wright, <br />REW <br />cc: David and Donna McLain <br />Precious Offerings Mineral Exchange, inc. <br />Bruce C. Kirchhoff, Alfers i~ Carver, LLC <br />James R. Dawson, Gunnison District Ranger, <br />Gunnison National Forest <br />Barry Tollefson, Field Office Manager, Gunnison Field Office, <br />Bureau of Land Management <br />Randy Rudibaugh <br />