HomeMy WebLinkAbout4.0 Letter from County Attorney 06.25.1998Garfield County
COUNTY ATTORNEY'S OFFICE
ATTORNEY'S OFFICE
June 25, 1998
Dale and Sheryl Johnson
227 East 3rd St.
Rifle, CO 81650
Dear Mr. and Mrs. Johnson:
109 8th Street, Suite 300
Glenwood Springs, CO 81601
Tele: (970) 945-9150
Fax: (970) 945-7785
On June 22, 1998, the Garfield County Board of County Commissioners
revoked the Final Plat for the Sierra Pinon Subdivision. I have
enclosed a copy of Resolution No. 98-43, which memorializes this
action.
As you will see, the Final Plat was revoked because of the failure
of the subdivision's owner/developer to complete the internal roads
of the subdivision as per the Subdivision Improvements Agreement,
part of the State and County's subdivision approval process. The
impact of this action is the negation of the legal existence of all
lots in the subdivision which Mr. Porter has not yet sold to
bonafide purchasers.
You will note that the Resolution revoking the Final Plat for
Sierra Pinon Subdivision was recorded by the Garfield County Clerk
and Recorder on June 23, 1998, at 10:53 a.m. The warranty deed, (a
copy of which is enclosed) in which you are named as the grantees
of Lot 11 in that subdivision, was recorded that same day but at
4:13 p.m. Because the Resolution was recorded first, the
revocation of the Final Plat may constitute a cloud upon your title
to Lot 11.
Dale and Sheryl Johnson
Page 2
June 25,1998
I am asking that you or your attorney provide me with your input
into this matter. If you wish the Commissioners to exempt your
purchase of Lot 11 from the Final Plat revocation, I will bring the
request to their attention.
JAMES A. LEUTHAUSER
Assistant Garfield County Attorney
JAL:mls
Enclosures - Resolution No. 98-43
Warranty Deed