Property Owners Association Issues


Letters


August 22, 2001
Lee Dunning
President Lone Star - Mohawk Property Owners Association
4343 W. Paradise Lane
Glendale, AZ 85306

Dear Mr. Dunning:

After a thorough review of the Lone Star-Mohawk Property Owners Association Constitution and Bylaws (hereafter referred to as the association), it is the Forest Service opinion that any and all owners of property on the Lone Star and Mohawk 3 and Mohawk 4 patented properties are members of the association. Our opinion is based on those portions of your bylaws stating: "members of the association shall be limited to those persons who actually own property in the above designated are"” and "owners of those certain properties located on the 'Lone Star - Mohawk 3', and 'Mohawk ' claim." This means that Mr. Marc Delany, owner of Yavapai County parcel number 104-05-029A, is a member of your association.

As a member of the association, Mr. Delany is entitled to utilize the FLPMA easement issued to the association. This allows him to access the Lone Star patented claim across to the Mohawk 4 on the existing road covered by the easement.

Denial of use to any member of the association of the FLPMA easement issued to the association could result in termination of that FLPMA easement.

Should you have any questions concerning this correspondence, please contact Doug Vandergon at 928.771.4806 Monday through Friday between 8:00 a.m. and 4:30 p.m.

Sincerely,

Ernest Del Rio
District Ranger

Cc: Marc Delany
Scott Risley, attorney

United States Department of Agriculture
Forest Service
Bradshaw Ranger District
344 South Cortez
Prescott, AZ 86303
Phone: (520) 771-4700
Fax: (520) 771-4884
TTY: (520) 771-4708

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Created 3 September 2001
Modified 30 June 2005