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/ -~- <br />~~~ ,1 ~ <br />DISTRICT COURT, MESA COUNTY, COLORADO <br />Civil Action No. 87 CV 680 <br />,~..._ .i _ ._. .. <br />SETTLEMENT STIPULATION <br />THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF <br />COLORADO <br />Plaintiffs, <br />v. <br />JOHN D. SCHMAHL, MARILYN SCEIMAHL, and EVERIST, INC. <br />Defendant. <br />COME NOW the Parties, the Board of County Commiss oners <br />of the County of Mesa, Colorado, Plaintiff and John D. <br />Schmahl and Marilyn M. Schmahl, Defendants, and stipul to as <br />follows: <br />1. Pursuant to a public hearing on February 21, 984, <br />the Mesa County Board of County Commissioners adopted <br />Resolution MCM84-29 granting a conditional use permit or <br />granite mining and crushing operations and amethyst mi ing <br />to John Schmahl. <br />2. A dispute has arisen concerning interpretatio of <br />the terms of the conditional use permit. The parties onced <br />and acknowledge that resolution of this matter would r quire <br />a legal interpretation of the terms of the conditional use <br />permit and that the outcome of said interpretation is of <br />clear based upon the existing situation and case law. This <br />stipulation is entered into by way of compromise in an <br />attempt to resolve a disputed matter. <br />3. On or about November 11, 1986, John D. Schmah and <br />Marilyn M. Schmahl and L.G. Everist, Inc. executed a c ntract <br />allowing Everist to remove up to one hundred thirty th usand <br />(130,000) tons of riprap material from the quarry owne by <br />John and Marilyn Schmahl. The Schmahls agree that cer ain <br />portions of the conditional use permit were violated b their <br />contractor. <br />4. Without prejudice to apply for another pe=mit, <br />Schmahls hereby abandon and relinquish any and all rig is <br />whatever under the conditional use permit issued by <br />resolution MCM84-29 to conduct granite mining and crus ing <br />operations and amethyst mining in the area designated s <br />F-1_EO <br />V r.ip i.a^" ~~IInT <br />~~~rl~.l a sea <br />,.~r,~..Cs,r~w~I,a/ <br />Clerk <br />. •.... <br />