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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