Laserfiche WebLink
8. During or about 1980;. my brother, Louis A. Zellitti, and I each inherited an undivided <br />25% interest in the Home Property after our parents died. See Exhibit 3 the Deed of <br />Distribution, dated February 22, 1980, regarding the E % of the NWI/4. <br />9. My brother, Louis Zellitti, through Zellitti Properties, conveyed his undivided 25% <br />interest in the Home Property to my son, Barry Zellitti, and his wife, Martha Zellitti, on or <br />about December 15, 1991. Attached as Exhibit 5 is a copy of the Deed, dated December <br />15, 1991, transferring his undivided 25% interest in the Home Property from Zellitti <br />Properties to Barry Zellitti and Martha Zellitti. <br />GRAVEL MINING <br />1. Gravel mining has occurred on the Home Property and Canyon Property for more than <br />approximately 50 years. <br />2. The present permitted area is operated by Hocker Construction, L.L.P., and is located <br />primarily on the Canyon Property, but also extends north on the Home Property. <br />3. Exhibit 1 shows the gravel mining that was done on the Canyon Property, but his La Plata <br />County Photograph was taken before the mining under the present permit extended north onto <br />the Home Property. The gravel mining shown on the Home Property in Exhibit 1 was done more <br />than 20 years ago. <br />4. The gravel mining is nearly exhausted in the present permitted area, and final reclamation <br />of the mined property remains to be completed. <br />5. An application for an expansion of the gravel mining permit has been filed with the <br />Colorado Division of Reclamation, Mining and Safety. The proposed expanded area is <br />exclusively on the Home Property. <br />6. On behalf of my wife and myself, I have granted and continue to grant the right of entry <br />on both the Canyon Property and the Home Property to Hocker Construction, L.L.P. for the <br />purpose of access (both ingress and egress) and for all purposes associated with its business <br />operations, including, but not limited to, the mining, crushing, storing and hauling of materials <br />and equipment. <br />Dated this 5t' day of June, 2009. <br />(Signature on Following Page) <br />AFFIDAVIT OF ANTHONY D. ZELLITTI <br />June 5, 2009 <br />Page 2