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eCPTN 4 2002060247 07/30/2D02 09:55:00 t PAOSS - 9 PEE - =45.00 <br />.. ... M. AODBNEEE08R RECOItDEg,,WRiNER COUNTY N STATE DOC PEE - 5.00 ....._.. ..-... <br />DEVELOPMENT AGREEMENT <br />RUSSELL GRAVEL PIT SPECIAL REVIEW <br />FILE 401•Z1396 <br />THIS AGREEMENT is made this ~ day ofJuly, 2002 between the Boetd of County Commissioners of <br />Latimer Couny, Colorado ("COwty'~; wd Robert C. Pitdngton and Helen L. Pittington. "Applicant". <br />WHEREAS, Applicant is Ne owner ofcertaln real property situated in Iarima County, Colorado, described <br />w Exhibit "A^ attached hereto and irtcorporated herein ("Property"); <br />WHEREAS, Cowry has approved the Russell Gravel Pit SDaial Review by Findings and Resolution dated <br />May 21, 2002 wd rewrded May 21, 2002 at Reception No. 2002056090 of the Latimer County records; and <br />WHEREAS, Applicant has submitted to Cowry Cor approval, execution and recordation a Final Special <br />Review Site Piw for the Russell Gmv<I Pit; and <br />WHEREAS, Applicant desires to mine the Property N 7 phases; and <br />WHEREAS, Cowry has considered the Final Special Review Site Plan, the proposed use and improvements <br />to the Property, and the requirrmrnta to be imposed upon the Property by reazw of the proposed use of and <br />improvements m the Properly included in the Final Special Review Site Plan; and <br />WHEREAS, Cowty is willing to approve, execute the Final Special Review Sitc Plan upon the agreement of <br />Applicant to the rootlets described in this Agreemrnf and <br />WHEREAS, Cowty and Applicant arACnowledge wd agree that the masers described N this Agram<nt are <br />reasonable coodidons and requiremrnU to be imposed by Cowry in coweciion wish its approval of the <br />Special Review application and Site Plan, and that such maRas arc necessary to protect, promote and <br />enhance the gmaal welfare. <br />NOW, THEREFORE, in wnsidemtioo of the premises, the mmual wvcnwts herein contained and the <br />approval, exccutiw and acceptwce of the final plat for recordation by the County, the parties agree az <br />follows. <br />1. Title of the Developmeot. Thetitle of fhe devdoDmmtis Ne Ruutli Gravel Pit Special Aeview. <br />2. DescrlpDOn of Developmentand Uses. The project expendswexisting, commercial sand and grovel <br />mining operation from 6-ecrcs to a total of49-sacs. The site is located approximately 5 miles north of <br />Wellington on the east aide of Interstate 25 and 1 mile north of Cowry Road 470. The quarry operation <br />is a preexisting, non-conforming use with grovel extraction activities taking place on the site since the <br />1950's. The applicant has State approval (or Ne existing use. With tNS new approval from the Board of <br />County Commissioners, the applicant will chwge them State permit fiom a 110 to a 712 petmiL ('fhe <br />differrnce b<twem the two perrtuts relates [o Ne size and swpe afthe quarry aperationJ The Mining <br />Plan is approved for 30.years from Nc date of approval for the Findings and Resolution. The applicant <br />will mine the site in 1Wee, 10•aae phases, aftu the ba<ru currently being mined is wmplete. <br />Rucsll Gnwl Pa Spec61 Raiew, 4v. e8. (LCPP~¢), OLS1Ni) <br />~~apaM <br />Page 20 <br />