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RCPTN 9 2002080247 07/30/2002 09:55:00 t PA0E5 - 9 FEE - ;95.g0 ' ,
<br />,., ., M, RODEIiBERdER RECORDER,, ,LAnIItER COUNTY, CD STATE DOC PEE - 5.00 ,;,,,._.. __.....
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<br />DEVELOPMENT AGREEMENT
<br />RUSSELL GRAVEL PTT SPECIAL REVIEW .. ' ,
<br />FILE #Ol-Z1396
<br />TH15 AGREEMENT is tirade this ~ day of July, 2002 between the Board of County Commissioners of
<br />Latimer County, Colorado ("County"); and Robert C. Pittington and Helen L. Pittington, "Applicant".
<br />WHEREAS, Applicant is the owner of certain real property situated in Latimer County, Colorado, described
<br />on Exhibit "A" attached hereto and incorporated herein ("Property';
<br />WHEREAS, County has approved the Russell Gravel Pit Special Review by Findings and Resolution dated
<br />May 21, 2002 and recorded May 21, 2002 at Reception No. 2002056090 of the Latimer County records; and
<br />WHEREAS, Applicant has submitted to County for approval, execution and recordation a Final Special
<br />Review Site Plan for the Russell Gravel Pit; and
<br />WHEREAS, Applicant desires to mine the Property in 3 phases; and •,
<br />WHEREAS, County has considered the Final Special Review Site Plan, the proposed use and improvements
<br />to the Property, and the requirements to be imposed upon the Property by reason of the proposed use of and
<br />improvements to the Properly included in afro Final Special Review Site Plan; and ; r
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<br />WHEREAS, County is willing to approve, execute the Final Special Review Site Plan upon the agreement of
<br />Applicant to the tnattets described in this t~eement; and
<br />WHEREAS, County and Applicant acknowledge and agree that the matters described in this Agreerhont are
<br />reasonable wndi4ons and requirements to be imposed by County in connection with its approval of the
<br />Special Review application and Site Plan, and that such [natters are necessary to protect, promote and
<br />enhance the general welfare. •
<br />NOW, THEREFORE, in wtuideration of the premises, the mutual covenants herein contained and afro
<br />approval, execution and acceptance of the final plat for recordation by the County, the parties agree as
<br />follows.
<br />Amull Drorei Pi, Special Review, Dew. Ag. (LCPP•I27, 02/21 /02)
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<br />/ P`apM
<br />I. Title of the Developmeot. The ride of the development is the Russell Gravel Pit Special Review,
<br />2. Descrlpttoa o[ Developmeat and Uses. The project expands an existing, commercial sand and gravel
<br />mining operation from 6-acres to a total of49-acres. The site is located approximately 5 miles north of
<br />Wallington on the east side of interstate 25 artd 1 mile rronh of Cowry Road #70. Tate quarry operation
<br />is a prc-existing, non-conforming use with gravel extraction activities taking place on the site since the
<br />1950'5. The applicant has State approval for the existing use. With this new approval from the Board of
<br />County Commissioners, the applicant will change theu State permit from a 110 to a 1 l2 permit, ,(Tlte
<br />difference between the two permits relates to the size and scope of the quarry operation.) The Mining
<br />Plan is approved for 30•years !rom the data of approval for the Findings and Resolution. The applicant
<br />will mine the site in three, 10-acre phases, afterthe 6-acres currently bring mined is completa.
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