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