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ti .- Mar-04-99 04-17P P_04 Williams, Turner tgC Holmes, P.~jgR p 8 1999R~eived Mr. Ycagcr's letter demands that the Volks and the "present owners of Lot No. 2" sign and record a revised plat for the Volk Mirror Subdivision, cxtctrdittg tltu agricultural resltictiott to the 39.13 acres. Mr. Yeager's letter also enclosed a proposed revised plat for the Volk Minor Subdivision, with sigttatttrc lines for the Volks only. The Volks do not own Lot 2 or the property to tltc east of Lot 2 any longer, so any signature you may obtain From them orr a revised plat will have nu effect with respect to those lands. Furthermore, neither Uclta Paving nor its nrcntbers will sign a revised plat which places additional restrictions ort lltc property wlticlt Delta Paving purchased from the Volks. When Svc discussed this matter on February 25, you and 1 boat noted that Mr. r:anNnlul:~rrowurrn:e Yeager, Iron Tiyping from Grand Junction Pipe, and the Volks had ntet to discuss 1W N. mkt S,rnn rn. n.,. +.+>' this molter on the nronting of Febntary 2S. You indicated that a public meeting was i:ImW lmm~..~. Cul^rHb xlnnt~n.,,e being pl ~ltned to discuss this issue, and Grand !unction Pipc's/Della Pavinp's ''"^^' °'"'''I''~'°= proposed uses of the property for gravel mining operations. You expressed hope that Poa 9:UI_ I l..,u:n .,FwA^.~d.cem MOAB UFFII'f 91 Fiw GnI,J A..n~. Alo.b, ltd. ~~!!!-:1n0 rh^ne USr254+i~1 ' Al"1'URNEYS AT lAW Amhrnr Ill WJliomr r.u..n„Jy,,. K'dli.m D. P„Mlen I r»iA 1.lllrncY A6J { I1. nnanJ,i.d' Klravn V. Aur.nh &rnJr l: I Irlm: r l+m.. At. l:.d~..4 ~. I'l:. III AllnllKr• A.In~.url :.. r..~..,a~ Bradley K. Kolman llelta County Attorney 501 Palmer Street, Suite 105 Delta, CO 81416 • ~~~ ~~~~~~~~~~~~~~~~ ~ RECEIV ED February 26, 1999 Rc: Volk Minor Subdivision Dear Brad: Ditgsion of Minerals & y ~~ 0 41999 Durango Fi~51 Cffice Division o! F.•7i~~;~!s & Goology ®1=fid ~/ ~ I~ ®~1-1C~ PiJ~LIC ~=aL~ C®~~ ~IL~: M-9S- /os ~. --° As I informed you in our telephone conversation on February 25, 1999, we represent Grand Junction Concrete Pipe Co. ("Grand Junction Pipe"). Grand Junction Pipe is one of the members oC Delta Paving Limited Liability Contparty ("Delta Paving"). Delta Paving is the current owner of Lot 2 of the Volk Minor Subdivision and uCthe 39.13 acres located directly cast of Lot 2. ~I~..+.I..,.,,,J,.. u,..l, We have received a copy of Kelly Ycagcr's letter of February 22, 19+)9, to Stanley and Clara Volk, relating to the Volk Minor Subdivision, As yotl arc aware, we disagree with the course of action recommended by Mr. Ycagcr in that letter. Delta Paving purchased property from the Volks based upon matters of record in Delta County. At the time Delta Paving purchased tlrc property, the real prol~eny records indicated tlral the agricultural restriction was only placed against i.ot :, as shown on the recorded plat for the Volk Minor Subdivision. Tltc 39. l3 acres located to the call of Lot 2 was not a part of the Volk Minor Subdivision, and the agricultund restriction did rtat apply to that acreage.