1979-02-28_PERMIT FILE - M1978352 (5)

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l� MH: the person who received it was Robert Stimwiddel . so I am not certain He didn' t notice a n Eagle River Trust but Robert Stiwiddel who was representing theEagle River Trust on Feb. 16 wa_9 aware notice to an attorney and that constitutes notice to the other whether or not ----------- RW: in other words, you' re saying that the Brush Creek was in fact not the owner and that 's the evidence that we have verbally from you and we have no written evidence of it. so, on Owner of what , this , land here MC: I dont ' know what if Brush Creek happens to own some contiguous land or not but I do know that our client has land and my understanding is that nw and south, northwest and east lands, that toutch that affected land are all now owned by Eagle River Trust. Perhaps your blueprints reflect Brush Creek as the owner os some ofthose lands that Eagle River now owns but as of October , that the lands were conveyed with much of Brush Creeks' lands were conveyed to Eagle Riv er. and 1 don' t believe that Brush Creek no longer has any kind of ownership interest in the dentiguous land there. I may be mistaken but I don' t believe they do. RW: Would youf address your next poht of concern. G: Alrigh t , well there's a notice problemwhich is clearly a strong legal problem here. There sbusequent problems we have and then we haven ' t had very much time that we feel we' re entitled to. to review the application but very quickly in the application I believe , RW: Let me ask you just so I understand what I 've got from Mark, here is that Mr. Stimwiddel knew of this in Jan. what relationship do you have with Mr. Stimwiddel ? and information that he may have had G: Mr. Stimwiddel contacted me us about this problem Feb. 16. but quite frankly Mr. Stimwiddel realized at a very lat a date that this notice affecting land was what Eagle River Trust had interest in.and he sent this letter out on Feb. 16. not precisely knowing what the problem was but knowing that having no notio e to the Eagle River Trust that since he represented the Eagle River Trust in the pas t that he better get something done. IN the meantime, he contacted us and said you guys may want to handle this I may have a conflict of interest between Brush Cree�aad iver Trust Maybe these 2 parts are different maybe since ru sJe7ee they o13---� the land to Nottingham at this point willobject tot this situatio(I --that-Eag+e- but Eagle River has different intersts and 1 might point out at this point that some of the intereet might be quite substantial . The indiication in th application is that all of the surrounding land is agricultural - Eagle River Trsut has a recreational use. they have a shooting permit in that area. a special shooting permit which has been issued to tem and I don;t know what the potential problems here are - conceivaably there might be a very direct injury to personal life in this area. So there's a recreational primed use %permit which has been granted to Eagle River Trust and is contained in this land. RW: That would be a county question , woul d it not? G: No no , not county , that ' s the issue brought to the Stateof Colorado. not the county This particular permit has been issued by the State I don 't knwo what partic- ular agency it is. There are very few of these permits issued, i think there or 4 or 5 *55ned-Tn-the-State.or something like that in the-entire state. RW: I would assume that the State would opeete- well have county approval before it would plop them on to some piece of county land.