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November 2, 2012 <br />Timothy J. Flanagan <br />Fowler, Schimberg & Flanagan <br />1640 Grant Street <br />Denver, Colorado 80203 <br />Dear Mr. Flanagen, <br />EQUITY FUNDING, LLC <br />5040 Acoma Street <br />Denver, CO 80216 <br />Office: (303) 295 -1313 Fax: (303) 295 -1256 <br />I have received your letter dated November 19, 2012. Mr. Flanagan, I'm appalled by the way I have been treated <br />by my neighbor and your client, Aggregate Industries Inc., regarding the flooding of my property at 7909 E 104 <br />Ave. Henderson, CO 80640. I began trying to resolve this issue with your client over 2 years ago. It took 7 <br />months to even get a response from your client and once I got that response, it has been the Blame Game ever <br />since. Your client continues to maintain a no fault position even in the light of overwhelming evidence to the <br />contrary. <br />Aggregate Industries offer which you conveyed is misinformed on many points. The property is 4.49 acres not 3 <br />acres, as indicated in your letter. Previously, Mike Refer stated that the parcel has no access and bridge installation <br />would cost more than $300,000.00. My estimate is under $30,000 for the bridge installation and is attached to this <br />letter. <br />As to the valuation, the current zoning for this parcel allows for 18 horses to be pastured on the property. All that is <br />required to pasture horses is fencing and a horse shelter. There are existing horse shelters on the property that have <br />been historically used. Our research indicates the market for horse pasture is $150 - $500 dollars per month. I <br />believe that this parcel would rent in the upper end of this price range since it is within walking distance of over <br />100 homes in the middle of a populated suburb of Denver. Its long term value is enhanced by the fact that this <br />property is secluded at the end of the road with a fantastic mountain views. It is 10 minutes from Denver <br />International Airport and 20 minutes from downtown Denver and will be adjoining a lake someday. <br />The property is worth a lot more to me than to your client and the value to the landowner determines the sale value. <br />Future land uses also factor into the compensable value. <br />DRMS should greatly increase the required bond to cover any damage to any improvements that may be placed on <br />the property in the future. DRMS rules require a mine operation to restore the land to its original condition and if <br />done, this can be a pristine residential property. <br />At this point, the only meaningful conversation that we can have is what your client is going to pay for the use of <br />the land over the last several years. Aggregate Industries violation of the mining rules has deprived me of any use <br />of the land. I have asked for $7500 per month for the use of my property and this is a reasonable estimate of its <br />rental value. Please let me know your response at your earliest convenience. <br />Sincerely, <br />