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_, <br />7j <br />WILLIAM M. SCHELL <br />MARLIN D. OPPERMAN (1938-2002) <br /> <br />OPPERMAN & SCHELL, P.C. <br />ATTORNEYS AT LAW <br />3609 SOUTH WADSWORTH BLVD., SUITE 140 <br />LAKEWOOD, COLORADO 80235 <br />W W W.OPPERMANLAWFIRM.COM <br />May 8, 2008 <br />George R. Haffke, Esq. <br />P.O. Box 666 <br />Fort Morgan, CO 80701 <br />Re: Longacre/Westhoff Property Dispute <br />Dear Mr. Haffke: <br />EXHIBIT <br />E <br />m <br />TELEPHONE (303) 623-1970 <br />TELECOPIER (303) 893-9328 <br />B ILL@OPPERMANLA WFIRM. COM <br />RZCZ;VZ® <br />JUL 2;, 2009 <br />Division or ,'R; cla„?a <br />P?'ininc <br />The Longacre family has requested I contact you regarding several recurring matters <br />regarding their property located in Section 34, T 5 N, R 58 W of the 6m P.M. The Longacre family <br />owns the SE 1/4, the El/2 of the NE 1 /4, the NW 1 /4 of the NE 1 /4, the N1/2 of the NW 1 /4, the <br />SW1/4 of the SWIA of Section 34. Thus, surrounding the Westhoff property located in the SE1/4 <br />of the NW 1 /4 and S W 1 /4 of the NE 1 /4, except for the southerly boundary of the SE 1 A of the <br />NW1/4. <br />The only access to the Westhoff property crosses the Longacre property. This access is <br />limited and is controlled by the language in the Deed Recorded in Book 788 at Page 338, of the <br />Morgan County, Clerk and Recorder's records, which was attached to your December 10, 2008 <br />letter. The pertinent language reads "Grantors reserve a road right of way as presently existing over <br />and through the SE 1 /4 of Section 34, to the gravel pit located in SE 1 /4NW 1 /4 and S W 1 /4NE 1 /4 of <br />Section 34, Twp. 5 North, Range 58 West of the 6" P. M." I have underlined the restrictive language <br />of the reservation since the roadway is being used for several purposes other than providing access <br />to the gravel pit. <br />As you know the same deed grants the Longacre family a continuing right to graze cattle on <br />the above Westhoff property and also provides an access road across the Westhoff property to the <br />Longacre property to the north. Recently, John Longacre was in the vicinity of the Westhoff <br />property and became aware that it was being used by a number of young people for recreational <br />purposes including the racing of motorcycles or motorbikes. When questioned as to how they <br />obtained access to the property, one of the young men, who we believe may have been Shane <br />Westhoff, informed Mr. Longacre that they entered using the access road which crosses the Longacre <br />property and that they had the right to do so.