HomeMy WebLinkAbout1.10 Deeds
A Mountain Law Firm
Aspen Buena Vista Carbondale Basalt Glenwood Springs
PO Box 878, Glenwood Springs, CO 81602
P 970.922.2122 E info@jvamlaw.com F 970.315.4107
Benjamin M. Johnston
P.O. Box 878
Glenwood Springs, CO 81602
D: (970) 928-3484
ben@jvamlaw.com
June 2, 2022
Via Email
Garfield County Attorney’s Office
c/o Kelly Cave
kcave@garfield-county.com
Re: Removal of Deed Restriction
To Whom it May Concern,
I represent Rising Tides Enterprises, LLC (“RTE”). RTE is the owner of real property
described as TBD Northstar Trail, Battlement Mesa, CO 81636 Subdivision: MONUMENT
CREEK VILLAGE SEC. 2 RESTRICTED RESERVE "C", Garfield County, Colorado
(“Property”). RTE is attempting to subdivide the Property into approximately fifty-one (51)
parcels, forty-eighty (48) of which will be single-family residences (“Subdivision”). In the process
of seeking approval from Garfield County for the Subdivision, Garfield County identified a deed
restriction contained in a deed conveying the property in 1993 (“Deed Restriction”). The Planning
Commission recommended approval of the Subdivision, subject to the condition that “prior to
public hearing before the Board, the existing deed restriction shall be removed to the satisfaction
of Garfield County Staff, including the Garfield County Attorney’s Office.”
The Deed Restriction is contained solely in the Bargain and Sale Deed from Battlement
Mesa Partners (“BMP”) to Garfield County School District 16 (“District”), recorded under
reception number 449641 in the Garfield County Clerk and Recorder’s Office on July 8, 1993
(“1993 Deed”). Within the Property’s description of the 1993 Deed, BMP restricted “the use of
such property solely to public use.”
The District conveyed the Property to Battlement Mesa Parcel 5, LLC by Bargain and Sale
Deed, recorded under reception number 727520 in the Garfield County Clerk and Recorder’s
Office on July 6, 2007 (“2007 Deed”). Battlement Mesa Parcel 5, LLC conveyed the Property to
A Mountain Law Firm
PO Box 878, Glenwood Springs, CO 81602
P. 970.922.2122 E. info@jvamlaw.com F. 970.315.4107
2
RTE by Special Warranty Deed, recorded under reception number 943531 in the Garfield County
Clerk and Recorder’s Office on October 12, 2020 (“2020 Deed”). Notably, neither the 2007 Deed
nor the 2020 Deed contain the Deed Restriction or any other language that would restrict use of
the Property.
In order to remove the Deed Restriction from the 1993 Deed, a correction deed from BMP
to the District is necessary. Fortunately, BMP is still a Colorado general partnership in good
standing with the Colorado Secretary of State. I was able to contact BMP’s authorized
representatives, who agreed to execute a correction deed removing the Deed Restriction from the
1993 Deed (“Correction Deed”). The Correction Deed, which is attached, was recorded under
reception number 974683 in the Garfield County Clerk and Recorder’s Office on May 12, 2022.
It is my opinion that the Correction Deed effectively removed the Deed Restriction. I am
confident this will resolve the condition to approval of the Subdivision and allow RTE to proceed
with a public hearing before the Board of County Commissioners. If you have any questions or
concerns, please feel free to call me at the number above.
Sincerely,
Benjamin M. Johnston