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~ Turner 8t Holme~P. C.
<br />Williams, R
<br />ATTORNEYS AT t.AW QCe~ed
<br />KAR ~ ~ 1,488
<br />February 26, 1999
<br />Anohnny ~C-. wfn~an„ DiviS~~n9o F'
<br />Ion ofMrns ak Dryroe
<br />). D. Snodgn,s
<br />~ti711iam D. Pnkkao Bradley K. Kolman Ga'o1a9y
<br />Delta County Attorney
<br />1~""'dJ ~"'""• 501 Palmer Street, Suite 105
<br />nia,w.a. ",^~~wd,uJ~ Delta, CO 81416
<br />~m,n ni. c"d<
<br />~,,,,,.n ~, ~,,,,,,, Re: Volk Minor Subdivision
<br />nl~-n„nn~t
<br />Deaz Brad:
<br />Bcmdr C. H,~Imc,
<br />Jane, ,~1. ~„h„ke. ec. As I informed you in our telephone conversation on February 25, 1999, we
<br />represent Grand Junction Concrete Pipe Co. ("Grand Junction Pipe"). Grand
<br />Junction Pipe is one of the members of Delta Paving Limited Liability Company
<br />("Delta Paving"). Delta Paving is the current owner of Lot 2 of the Volk Minor
<br />.ui A„nrn<,~~ Subdivision and of the 39.13 acres Located directly east of Lot 2.
<br />Adm;,,~ .n cnfn,aa"
<br />'AIa~,Winrt~:J ;~~ u~ah We have. received acopy of Kelly Yeager's letter of February 22, 1999, to
<br />Stanley and Clara Volk, relating to the Volk Minor Subdivision. As you are aware,
<br />we disagree with the course of action recommended by Mr. Yeager in that letter.
<br />Delta Paving purchased property from the Volks based upon matters of record in
<br />Delta County. At the time Delta Paving purchased the property, the real property
<br />records indicated that the agricultural restriction was only placed against Lot Z, as
<br />shown on the recorded plat for the Volk Minor Subdivision. The 39. l3 acres located
<br />to the east of Lot 2 was not a part of the Volk Minor Subdivision, and the agricultural
<br />restriction did not apply to that acreage.
<br />Mr. Yeager's letter demands that the Volks and the "present owners of Lo[
<br />No. 2" sign and record a revised plat for the Volk Minor Subdivision, extending the
<br />agricultural restriction to the 39.13 acres. Mr. Yeager's letter also enclosed a
<br />proposed revised plat for the Volk Minor Subdivision, with signature lines for the
<br />Volks only. The Volks do not own Lot 2 or the property to the east of Lot 2 any
<br />longer, so any signature you may obtain from them on a revised plat will have no
<br />effect with respect to those lands. Furthermore, neither Delta Paving nor its members
<br />will sign a revised plat which places additional restrictions on the property which
<br />Delta Paving purchased from the Volks.
<br />When we discussed this matter on February 25, you and I both noted that Mr.
<br />GMNDJUNLTION OFFICE Yeager, ]Lora Tipping from Grand Junction Pipe, and the Volks had met to discuss
<br />20D N. tioh Sorted
<br />r.o. sm 3sx this matter on the morning of February 25. You indicated that a public meeting was
<br />Grand Jnncrion. cni"~d° bein 1lnned to discuss this issue and Grand Junction Pi a s/Delta Pavint~'s
<br />xis~~z-D33x g P ~ P '
<br />rhnne 9'o~_ns.ssez proposed uses of the property for gravel II11r[lt[g operations. You expressed hope that
<br />Far 9?01'11-3D:(
<br />w,hmP~ol.com
<br />AfOAH OFFICE i
<br />91 Eu, Grand Avenue i
<br />Moab, Utah 89532 2gJ0 ~
<br />PMne IJS/759-1381
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