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<br />7. On or about July 11, 1981, Robco filed a permit application with the Board,
<br />pursuant to C.R.S. 5 34-32-112 of the Mined Land Reclamation Act (hereafter "MLRA")
<br />pertaining to clay mining in the area known as Chieftain South Mine, located within the
<br />City and Jefferson County, Colorado more fully described as:
<br />Part of the SE/4 SW/4, and SW/4 SW/4, Section 24, and part of
<br />the NW/4 NE/4, SW/4 NE/4, NE/4 SE/4, SE/4 SE/4, SW/4 SE/4,
<br />NW/4 SE/4, NE/4 SW/4, SE/4 SW/4, NE/4 NW/4, SE/4 NW/4,
<br />SW/4 NW/4, and NW/4 NW/4, Section 25, Township 4 South,
<br />Range 70 West, 6th Principal Meridian, Jefferson County,
<br />Colorado.
<br />The permit application was designated Permit No. 81-148, (hereafter "Original Applica-
<br />tion"). A copy of the Original Application is attached hereto as Exhibit A and incorpo-
<br />rated herein by this reference.
<br />8. On or about August 25, 1981, the Board approved a request for a continuance
<br />of Board consideration of the Original Application until its September, 1981 meeting.
<br />The request was submitted by Robco's consultant, Mr. Larry O'Brian (hereafter "Consul-
<br />iflnt").
<br />t the September, 1981 Board meeting, the Board approved the Consultant's
<br />request or an indefinite conti~ n~ua~nee of the original application.
<br />10. During 1982 and the early portion of 1983, Robco engaged in negotiations
<br />with the City and Gary Vose, the latter as representative of Colco Corporation and other
<br />owners of the surface rights of property in and around the Chieftain South Mine area,
<br />concerning mineral activities and future development proposals for the property in the
<br />Chieftain South Mine area.
<br />11. As a result of the negotiations referred to in paragraph 10 of this Complaint,
<br />Mr. Vose and Robco exchanged surface rights and mineral interests in the area of the
<br />Mine. Also as a result of the negotiations referred to in paragraph 10, Robco agreed not
<br />to contest any application for subdivision of the property in the area, the surface rights
<br />to which were owned the companies Mr. Vose represented.
<br />12. On or about June 26, 1982, the City Council approved the rezoning of the
<br />area known as Springfield Green, which surrounds and includes the area of Chieftain
<br />South Mine, to "MU,' permitting development of the property for residential use.
<br />13. On or about October 19, 1983, the Planning Commission of the City approved
<br />the plat and subdivision plans submitted by Colco Corporation, for the area known as
<br />Springfield Green, being a parcel of land located in Section 25, T. 4 S., R. 70 W.,
<br />6th P.M., City of Lakewood, County of Jefferson, State of Colorado.
<br />14. On or about July 28, 1983, the City and Robco entered into an Agreement,
<br />(hereafter "Agreement") a copy of which is attached hereto as Exhibit B and incorporated
<br />herein by this reference, providing in part that Robco would release its mineral interests
<br />in a portion of the City-owned property in the area of the Chieftain South Mine in return
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