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• <br />DAVID L. ROBERTS <br />ATTORNEY AT LAW <br />P. o. Box 822 228 6RSIGH 8TR[6T <br />FORT MORGAIN, COLORADO 8070t <br />TELEPHONE (702) 867.6235 <br />April 18, 1985 <br />Mr. George Westhoff <br />15969 County Road X <br />Weldona, Colorado 80653 <br />Dear George: <br /> <br />Walter-Longaere, for,.whom.I.have,.done work from time to <br />time in the past, came in the office the other day to request <br />that Y write a letter to formally advise you of his position <br />as your neighbor and to make certain facts clear and to offer <br />a compromise solution to the problems that have arisen. <br />First,' the Longacres are rightfully "concerned as well as <br />disappointed that-the right of way to the gravel pit in the <br />SWkNE% and'SUNWk of Section 34 is not restricted and has <br />virtually become a public roadway to the detriment of their <br />land and livestock. When the property was deeded to the <br />Longacres in 1979, a private easement was reserved to you for <br />access to the gravel pit. The Longacres now request that a <br />lawful gate be installed on the south side of Section 34 to <br />be kept locked at all times except when you or Norgan Sand and <br />Gravel are using the easement for normal business operations. <br />The Lon <br />gacres <br />have a second request. The large pile of <br />£: demulition'rubble,which has been brought tp the site constitutes <br />a,harzard tm'the livestock which-they run upon the NJ- of Section <br />34.. , The: request -is that *a stock fence be- built around the la::d- <br />Y fill or that the rubble be kept appropriately buried so as to <br />eliminate the risks of harm to the livestock. <br />As you can see, the Longacres' problems are two-fold, and <br />consist of concern for the safety of the cattle exposed to the <br />uncovered rubble and landfill material, and the use of a private <br />right of way across their land as a public road, and the <br />destruction, danger to livestock and nuisance of the public <br />using the gravel pit and pasture as a playground or recreation <br />and achieve.an appropriate solution and Longacres would be happy'