HomeMy WebLinkAbout1.0 BOCC Staff Report 09.08.2015Exhibits for Board of County Commissioner Public Meeting
September 8, 2015 — 5 -Mile Ranch Gravel Pit - Extension
Exhibit Letter
(A to Z)
Exhibit
A
Garfield County Unified Land Use Resolution of 2008, as amended
B
Garfield County Comprehensive Plan of 2030, as amended
C
Application
D
Staff Memorandum
E
Resolution 2009-52
F
Resolution 2010-61
G
Resolution 2011-43
H
Resolution 2012-38
I
Resolution 2013-45
J
Draft Resolution
jr I f Zx-I-v1
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Elam Construction Inc - Grand Junction Pipe
AN EQUAL OPPORTUNITY EMPLOYER
556 Struthers Ave. • Grand Junction • Colorado • 81501 • Phone (970) 242-5370 • Fax (970) 245-7716
July 21, 2015
Garfield County Community Development
Kathy Eastley, Senior Planner
108 8th Street, #401
Glenwood Springs, CO 81601
RE: 5 — Mile Ranch Gravel Pit, SUP Approval Extension Request, Extenuating Circumstances
Ms. Eastley,
Please consider this letter a formal request for a 12 -month extension of the SUP Approval for
the 5 -Mile Ranch Gravel Pit (formally known as the RTZ Gravel Pit). This extension is past due
for July 13, 2014. However, under extenuating circumstances due to the death of our
compliance director, Gayle Lyman, Elam Construction/dba Grand Junction Pipe requests an
extension to maintain the current entitlements and seek the best interest of the public. This
should allow Elam Construction/dba Grand Junction Pipe adequate time to prepare an
amendment to the mining permit as well as address all resolution criteria in the originally
approved BOCC Resolution No 2009-52, along with the subsequent extensions.
Please do not hesitate to contact me with any questions,
Russell A. Larsen
Chief Operating Officer
Gar, field County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
0 Administrative Review
❑ Limited Impact Review
❑ Major Impact Review
❑ Amendments to an Approved LUCP
❑LIR ❑MIR ❑� SUP
O Minor Temporary Housing Facility
❑ Development in 100 -Year Floodplain
❑ Development in 100 -Year Floodplain Variance
O Code Text Amendment
❑ Rezoning
0 Zone District❑ PUD 0 PUD Amendment
❑ Administrative Interpretation
❑ Vacation of a County Road/Public ROW r 0 Appeal of Administrative Interpretation
O Location and Extent Review 0 Areas and Activities of State Interest
❑ Comprehensive Plan Amendment 0 Accommodation Pursuant to Fair Housing Act
❑ Pipeline Development 0 Variance
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: 5 - Mile Ranch LLC Phone:
Mailing Address: 8191 E. Kaiser Blvd
City: Anatheim State: CA Zip Code: 92808
E-mail:
Representative (Authorization Required)
Name: Elam Construction /dba GJ Pipe Concrete Pipe Comapny Phone: (970 ,242 5370
Mailing Address: 556 Struthers Ave
City: Grand Junction State: 00 Zip Code: 81501
E-mail:
PROJECT NAME AND LOCATION
Project Name:
5 - Mile Gravel Pit
Assessor's Parcel Number:
2 4 0 9. 3 a4_ 0 0 _ 1 3 8
Physical/Street Address: Intersection of Highway 6 and CR 300
Legal Description: Attached
Zone District: Property Size (acres):
PROJECT DESCRIPTION
Existing Use: Range Land
Proposed Use (From Use Table 3-403): Gravel Mining
Description of Project: Gravel Extraction, Hauling, and Processing
REQUEST FOR WAIVERS
Submission Requirements
0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to t be f my knowledge.
i
Signature of Rco}aertrevater euSSE=CC A . I�4g59.14
Rem ESt7AITATI VE
(. 0. o. FZAM
7- 7 -/
Date
OFFICIAL USE ONLY
File Number:aLlat1-& . j3 Fee Paid: $ �j�°
STATEMENT OF AUTHORITY
(Section 38-30-172, C.R.S.)
This Statement of Authority concerns an entity named:
Elam cons/maim ma. dba Grund junction Concretr Pipe Co also dba Grand Junction Pipc & Supply Contpanv
and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S.
The type of entity is: Corporation
The entity is formed under the laws of the State of Colorado
The mailing address for the entity is: 556 Struthers Avenue
Grand Junction, CO 81 501
The name and position of each person authorized to execute instruments conveying, encumbering or otherwise
affecting title to real property on behalf of the entity is:
RussellA. Larsen, Chief Operating Officer .
Jason D. Cates, Assistant Treasurer
The authority of the foregoing person(s) to bind the entity is / not Limited p limited as follows.
Other matters concerning the manner in which the entity deals with interests in real property:
Elam Construction, Inc, is the successor by merger to Grand Junction Concrete Pipe Co. The authority of the person
identified above extends to real property titled in the name of Grand Junction Concrete Pipe Co., which automaticalh
vested in Elam Construction, Inc., as the surviving entity in the merger (Section 7-90-204 (1)(a), C.R.S.)
Exe : d this
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, 2015. ELAM CONSTRUCTION, INC.
Si
Russell A. Larsen, ChiefOnerating Officer
Name (Ore or print)
STATE OF COLORADO
COUNTY OF ,MESA
) ss
,Signature
Jason D. Cates — Assistant Treasurer
Name (type or print)
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Notary Pablo
Colorado
ola yID2O
ementlesten " ' . Feb 2$ 2018
The foregoing instrument was acknowledged before me this 15th day of July , 2015, by Russet' A. Larsen as Chief
Operating Officer for Elam Construction Inc., dba Grand Junction Concrete Pipe Co., also dba Grand Junction Pipe & Supply
Company.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
COUNTY OF MESA
P2/2�/..i1h
) ss
Notary Pu,
SAIL
f
KRISTEN DARLENE KUNKEL
Notary Public
Moto of Colorado
LwNotary ID 20144008336
Commission Expires Feb 26, 2018
The foregoing instrument was acknowledged before me this 15th day of July , 2015, by Jason D. Cates as Assistant
Treasurer for Elam Construction Inc., dba Grand Junction Concrete Pipe Co., also dba Grand Junction Pipe & Supply Company.
Witness my hand and official seal.
My commission expires: 9 1, rtl?icS
I t coot I u/L1 /Lucy u l .00.4'4 rNt raye 1 01 0
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
Recorded at o'clock M.
Reception No. Recorder.
��`�"SPECIAL WARRANTY DEED
THIS DEED, made this.day of tJ(rOtotl',
Between Specialty Restaurants Corporation, as to an 80 percent interest and Stockton Restaurant Corporation,
as to a 20 percent interest, both corporations duly organized and existing under and by virtue of the laws of the State of California, grantors,
and
5 -Mile Ranch, LLC
whose legal address is : 8191 East Kaiser Blvd, Anaheim, CA, 92808
of the County of Orange and State of CA, grantee(s):
WITNESSETH, That the grantors for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey
and confirm unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in
the County of Garfield and the County of Mesa, State of Colorado described as follows:
See Attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and or
assigns forever. And the Grantors, for itself, its successors and assigns do covenant and agree that it shall and will WARRANT AND FOREVER
DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person
or persons claiming the whole or any part thereof, by, through or under the grantor. ,p
IN WITNESS WHEREOF the grantor has caused its corporate name to be hereunto subscribed by its I i e S t 0 e "I '—
the day and year first above written.
Spe estaurants Corporation
eat ,) . TRLJ✓tt }tE'� 'y
STATE OF CALIFORNIA
COUNTY OF ORANGE
ss.
The foregoing instrument was acknowledged before me on CO tst. �oi .200 ? by tete y t PC c.o. c as
PASS t' E 0, -PV of Specialty Restaurants Corporation.
WITNESS my hand and official seal
My commission expires: 3 - s2/ (O
Notary Public
IN WITNESS WHEREOF the grantor has caused its corporate name to be hereunto subscribed by its Proms dJF rJ
the day and year first above written.
Restaurant Coeeoration
"rip t4d3 p - 'T-ALL-.sctt>LT'
STATE OF CALIFORNIA
COUNTY OF ORANGE
)ss.
v�,,4 L M ELLUM
' ? Commission # 1653359
Notary Public • California z 5
" '� Orange County
My Comm. Expires Mar 21, 2010
w e s� ��® v. s s■
The foregoing instrument was acknowledged before me on (vet . a•eZ , zoo?' by 1-Ztf,O1- t ►t G (.1 c N' E as
/4265 fpGltyT of Stockton Restaurant Corporation.
My commission expires: 3.. -10
Rnwa ro:
S -Mile Ranch, L.0
8191 Eat Kase Blvd
Anaheim CA 91808
WITNESS my hand and official seal
oeNotary Public
LYNETTE M. KELLUM
Canmisslon # 165.3359
Notary Public - California
Orange County
My Camm. Expires Mar 21, 2010
i/0001 Iviuiv! rdye LE0
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LTG Policy No. LTH H234705
LEGAL DESCRIPTION
PARCEL A:
Our Order No. 0W234705
A PARCEL OF LAND IN THE E1/2 OF -SECTION 32 AND THE WI/2 AND THE NW 1/4NE1/4 OF
SECTION 33; TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
GARrVET.T) COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH RIGHT OF WAY FOR INTERSTATE 70, PROJECT NO. 1 70-1(45)
SEC. 8, AT ITS INTERSECTION WITH THE WEST LINE OF THE E1/2 OF SAID SECTION 32,
SAID POINT BEING SOUTH 00 DEGREES 56' 18" EAST 8.69 FEET FROM THE C -S 1716
CORNER OF SAID SECTION 32; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 13
COURSES:
1. NORTH 66 DEGREES 25' 51" EAST.270.16 FEET;
2. NORTH 68 DEGREES 22' 46" EAST 625.11 FEET;
3. NORTH 52 DEGREES, 51' 05' EAST 530.71 FEET;
4. NORTH 37 DEGREES 08' 21" EAST 625.69 FEET;
5. NORTH 39 DEGREES 09' 06" EAST 511.86 FEET;
6. NORTH 40 DEGREES 40' 59" EAST 587.87 FEET;
7. ALONG A NON -TANGENT 'CURVE TO THE RIGHT HAVING A RADIUS OF3669.72 FEET, A
CENTRAL ANGLE OF 13 DEGREES32' 13", AN ARC LENGTH OF 867.03 PEET, THE CHORD OF
WHICH BEARS NORTH 50 DEGREES 23' 43' EAST 865.01 FEET;
8. NORTH 60 DEGREES 13' 24" EAST 587.77 FEET;
9. NORTH 6I DEGREES 44' 06" EAST 522.83 FEET;
10. NORTH 61 -DEGREES 29'.09" EAST 241.75 FEET;
11. NORTH 69 DEGREES 57' 36" EAST 565.71 FEET;
12. NORTH 84 DEGREES 25' 37" EAST 745.31 FEET;
13. ALONG A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 45837 FEET, A
CENTRAL,ANGLE OF 37 DEGRFRS 43' 37', AN ARC LENGTH OF 301.82 FEET, THE CHORD OF
WHICH BEARS SOUTH 66 DEGREES 02' 54" EAST 296.40 -FEET TO THE NORTH RIGHT OF WAY
FOR HIGHWAY 6 & 24, PROJECT NO. F 001-1(3); THENCE ALONG SAID RIGHT OF WAY
SOUTH 55 DEGREES 29' 00" WEST 6942.16 FEET TO THE WEST LINE OF THE EAST 1/2 OF
SAID SECTION 32, THENCE ALONG'SAID WEST LINE NORTH 00 DEGREES 56' 18" WEST
581.23 FEET TO THE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND IN THE E1/2 OF SECTION 32, AND THE W I/2 OF SECTION 33, TOWNSHIP
7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY,
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: •
BEGINNINQ AT THE QUARTER CORNER FOR SAID SECTION 32 AND SECTION 5, TOWNSHIP 8
SOUTH, RANGE 96 WEST; THENCE ALONG THE WEST LINE OF THE EAST 1/2 OF SAID
SECTION 32, NORTH 00 DEGREES 56' 18" WEST 493,82 FEET THE SOUTH RIGHT OF WAY
FOR HIGHWAY 6 & 24, PROJECT NO. E 001-1(3); THENCE ALONG SMD RIGHT OF WAY THE
FOLLOWING 9 COURSES: - • _
1. NORTH 55 DEGREES 29' 00° EAST 964.38 FEET;
2. NORTH 69 DEGREES 31' 10" EAST 103:08 FEET;
3. NORTH 55 DEGREES 29' 00' EAST 300.00 FEET;
4. NORTH 41 DEGREES 26' 507 EAST 103.08 FEET;
5. NORTH 55 DEGREES 29' 00' EAST 2800.00 FEET;
6. NORTH 69 DEGREES 31' 10" EAST 103.08 FEET;
7. NORTH 55 DEGREES 29' .00" EAST 300.00 -FEET;
8. NORTH 41 DEGREES 26' 50" EAST 103.08 FEET;
1 /000/V!L/ ILVVY V I .00.44 rivi rage o VI o
Jean Albierico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LJ Poiicy Mo. 1:1111-1254:/U)
Our Order No. 0W234705
LEGAL DESCRIPTION
9. NORTH 55 DEGREES 29' 00" EAST.1633.70 FEET TO THE NORTHERLY RIGHT OF WAY FOR
THE DENVER AND RIO GRANDE, WESTERN RAILROAD; THENCE ALONG SAID RAILROAD RIGHT
OF WAY FOR THE FOLLOWING 4 COURSES: '
1. ALONG A NON TANGENT CURVETO THE LEFT HAVING A RADIUS OF 2964.94 FEET, A
CENTRAL ANGLE OF 10 DEGREES 11 07", AN ARC LENGTH OF 527.07 FEET, THE CHORD OF
WHICH BEARS SOUTH 39 DEGREES 53' 39" WEST 526.38 FEET;
2. SOUTH 34 DEGREES 28'.00" WEST 101.16 FEET;
3. SOUTH 34 DEGREES 08' 00" WEST 2901.97 BEET TO THE SOUTHERLY LINE OF A COUNTY -
ROAD RIGHT OF WAY DESCRIBED IN BOOK 181 AT PAGE 185;-
4.
85;4. ALONG SAID ROAD RIGHT OF WAY, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
2894.93 FEET, A CENTRAL ANGLE OF 43 DEGREES 22' 56", AN ARC LENGTH OF 2191.93
FEET, THE CHORD OF WHICH BEARS SOUTH 55 DEGREES 49' 28' WEST 2139.94 FEET TO
THE SOUTH LINE OF THE E112 OF SAID SECTION 32; THENCE ALONG SAID SOUTH.LINE
SOUTH DEGREES 55' 00" WEST 1470.31 FEET TO THE POINT OF BEGINNING.
PARCEL C:,,,,,
A PARCEL OF LAND IN..PORTIONS OP SECTIONS 32, 33, AND 28, TOWNSHIP 7 SOUTH, RANGE
96 WEST OF THE SIXTH -PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS; . .
BEGINNING AT THE CORNER FOR SAID SECTIONS 32 AND 33 AND SECTIONS 4 AND 5,
TOWNSHIP: 8: SOUTH, RANGE 96 WEST; THENCE ALONG THE SOUTH LINE OF THE EAST 112
OF SAID SECTION 32, SOUTH 88 DEGREES 55' 00" WEST 222.18 FEET TO THE SOUTHERLY •
RIGHT OF WAY FOR THE DENVER AND RIO GRANDE, WESTERN RAILROAD; THENCE ALONG SAID
RIGHT OF WAY THE FOLLOWING 11 COURSES:
1. ALONG A NON TANGENT CURVE TO THE. LEFT HAVING A RADIUS OF 1532.68 FEET, A
CENTRAL ANGLE OF 27 DEGREES 31' 13", AN ARC LENGTH OF 736.18 FEET, THE CHORD OF
WHICH BEARS NORTH 49 DEGREES 35' 07" EAST 729.12 FEET;
2. NORTH 34 DEGREES 58' 01' EAST 127.94 FEET;
3. NORTH 34 DEGREES 08' 00" EAST 3498.67 FEET;
4. NORTH 34 DEGREES 28' 00" EAST 98.83 FEET; •
5. ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2764.94 FEET, A
CENTRAL ANGLE OF 06 DEGREES 16' 38", AN ARC LENGTH OF 302.92 FEET, THE CHORD OF
WHICH BEARS NORTH 37 DEGREES 56' 24" EAST 302.76 FEET TO THE WEST LINE OF LOT 2
IN SAID SECTION 33; '
6. ALONG SAID WEST LINE NORTH 00 DEGREES 30' 00" WEST 74.51 FEET;
7. ALONG A NON -TANGENT CURVET() THE RIGHT HAVING A RADIUS OF 2814.94 FEET, k
CENTRAL ANGLE OF 12 DEGREES 36' 08"; AN ARC LENGTH OF 619.14 FEET, THE CHORD OF
WHICH BEARS NORTH 48 DEGREES 30' 51" EAST 617.90 FEET;
8. NORTH 55 DEGREES 09' 00" EAST 99.42 FEET;
9. NORTH 55 DEGREES 29' 00" EAST 2164.48 FEET TO THE NORTH LINE OF SAID SECTION
33;
10. ALONG SAID NORTH LIN E NORTH 89 DEGREES 23' 32" EAST 89.63 FEET;
II. NORTH 55 DEGREES 29' 00" EAST 283.11 FEET TO THE EAST LINE OF SAID SECTION
28; THENCE LEAVING SAID RAILROAD RIGHT OF WAY ALONG SAID EAST LINE SOUTH 01
DEGREES 57'23" EAST 157.98 FEET TO THE CORNER FOR SECTIONS 27, 28, 33 AND 34;
THENCE ALONG THE EAST LINE OF SAID SECTION 33, SOUTH 00 DEGREES 01' 53" EAST
769.37 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 590 AT
PAGE 643; THENCE ALONG THE -SAID PARCEL SOUTH 88 DEGREES' 50' 06' WEST 786.00
FEET; THENCE CONTINUING ALONG THE SAID PARCEL•SOUTH 00 DEGREES 01' 53" EAST:
((000/ IU/L//LUUy U 1.00.44 rivi rage '# Ul0
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LEGAL DESCRIPTION
All b ropey 1Y0. 1.1 r1nh.' IU7
Our Order No. OW234705 •
300.00 FEET; THENCE CONTINUING ALONG THE SAID PARCEL NORTH 88 DEGREES 50' 06"
EAST 786.00 FEET TO THE EAST LINE OF SAID SECTION 33; THENCE ALONG SAID EAST
LINE SOUTH 00 DEGREES 01' 53" EAST 300.00 FEET TO THE NORTH 1/16 CORNER BETWEEN
SECTIONS 33 AND 34; THENCE ALONG THAT LINE DESCRIBED IN BOOK 67 AT PAGE 132,
SOUTH 17 DEGREES 44' 55" WEST 1065.70 FEET TO THE CENTERLINE OF TIIE COLORADO
RIVER AS AGREED TO IN BOOK 602 AT PAGE 964; THENCE ALONG SAID CENTERLINE THE
FOLLOWING 9 COURSES:
1. NORTH 69 DEGREES 04' 13' WEST 1170.74 FEET;
2. SOUTH 85 DEGREES 15' 21" WEST 324.97 FEET;
3. SOUTH 59 DEGREES 20' 30" WEST 316.71 FEET;
4. SOUTH 48 DEGREES 53' D2" WEST 33731. FEET;
5. SOUTH 20 DEGREES 46' 48" WEST 328.61 FEET;
6. SOUTH 11 DEGREES 57' 01" WEST 859.10 FEET;
7. SOUTH 64 DEGREES 03' 25' WEST 1512.73 FEET;
8. SOUTH 12 DEGREES 05' 25' WEST 508.82 FEET;
9. SOUTH 18 DEGREES 08' 35'
E 79.95 FEET TO THE MEANDER LINE OF THE COLORADO RIVER: THENCE ALONG THE MEANDER'
LINE SOUTH 34 DEGRFP.S 48' 19" WEST 960.63 FEET TO THE SOUTH LINE OF SECTION 33;
THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 01' 48" WEST 714.44 FEET TO THE
POINT OF BEGINNING.
PARCEL D; - ... '
THAT REAL PROPERTY SITUATE IN THE COUNTY OF GARFIELD. STATE OF COLORADO, SECTION
33, TOWNSHIP 7 SOUTH-; RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COMMENCING
AT THE SOUTHEAST CORNER OF THE NEI/4NE1/4; THENCE WESTERLY ALONG THE SOUTH LINE
OF SAID NE1/4NE1/4 786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 FEET TO
THE TRUE POINT OF BEGINNING; THENCE EASTERLY AND PARALLEL TO SAID SOUTH LINE
786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 FEET; THENCE WESTERLY AND
PARALLEL TO SAID SOUTH LINE 786 FEET; THENCE SOUTH 00 DEGREES 01' 28" EAST TO
THE TRUE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO ,
PARCEL 1;
. ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY OF THE
SOUTHERLY RIGHT OF WAY OF HIGHWAY 6 AND 24:
TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 32: Ei/2SW1/4
TOGETHER WITH:
TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 4: LOT 4,
/ /000/ IU/G//GUUy U I .00.9.9 rIvI rdye D VI 0
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LEGAL DESCRIPTION
L'Iii ro11cy NO. LIY11-1LS4/U)
Our Order No. GW234705
EXCEPT THAT PART OF THE ABOVE DESCRIBED LANDS WHICH IS DESCRIBED IN BOOK 181 AT
PAGE I86, OF THE RECORDS OF GARFIELD COUNTY, COLORADO
EXCEPT THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS IN INSTRUMENT
RECORDED SEPTEMBER 6, 1983 IN BOOK 634 AT PAGE 802.
SECTION 5: LOTS 1, 2 AND 3, •
THAT PART OF LOTS 4 AND 5 AND OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
(SWI/4NW1/4)1N SECTCON 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOW$
BEGINNING AT -THE NORTHWEST CORNER OF SAID LOT 4, THENCE SOUTH 29 DEGREES 04'
EAST 3120.6 FEET TO THE BANK OF THE COLORADO RIVER;
THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 5 TO THE NORTHEAST
CORNER THEREOF;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER THEREOF;
THENCE NORTH ALONG THE EAST LINE OF SAID LOT 4 TO THE NORTHEAST CORNER THEREOF
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 4, TO THE POINT OF BEGINNING.
SECTION 5: ALL OF LOTS II AND 12, LOT 4 AND THE SW1/4NW1/4
EXCEPT THOSE PORTIONS OF LOT 4 AND SAID SW1/4NWI/4 INCLUDED IN THE FOLLOWING
DESCRIBED PARCEL:
A TRACT OF LAND IN LOTS 3, 4 AND 5, AND SW1/4NW1/4, SECTION 5, TOWNSHIP 8 SOUTH,
RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING ON THE
NORTHWEST CORNER OF SAID SECTION 5, THENCE S. 30 DEGREES 00' E. 3010 FEET;
THENCE N. 88 DEGREES 36' E. 338 FEET;
THENCE N. 00 DEGREES 47' W. 200 FEET;
THENCE N. 53 DEGREES 00' E. 300 FEET;
THENCE N. 37 DEGREES 01' E. 334 FEET;
THENCE N. 40 DEGREES 24' E. 323 FEET;
THENCE N. 4 DEGREES 56' W. 171 FEET;
THENCE N. 33 DEGREES 0I' E. 530 FEET;
THENCE N. 49 DEGREES 51' W. 1768 FEET;
THENCE S,,88 DEGREES 43' W. 1385 FEET TO POINT OF BEGINNING.
SECTION 6: ALL ..
SECTION 7: LOTS 2.9,10, 11, 12 AND NE1/4NW1/4
ALSO TOGETHER WITH:
TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
SECTION 12: S C/2SE1/4, THAT PORTION OF THE SW 1/4 LYING EASTERLY OF THE EAST.
RIGHT OF WAY OF INTERSTATE 70.
10001 I VILIILUUa V I .00.44 rIVI rage o of o
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LEGAL DESCRIPTION
ALSO TOGETHER WITH:
PARCEL 2:
LTG Policy No. LTHH234705
Our Order No. GW234705
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY AND EASTERLY
OF THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 6 & 24::
TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 13: NEI/4NW1/4, N1/2NE1/4
COUNTY.OF GARFIELD
STATE OF COLORADO
TOGETHER WITH ..
PARCEL. 1:
THAT. PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THE COUNTY OF MESA,
STATE OF COLORADO:
LOTS 2, 3, 11, 12 AND 13
SECTION 7, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL
MERIDIAN • ""
COUNTY OF MESA
STATE OF COLORADO
?biRCEL 2:
THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITH THE COUNTY OF MESA,
STATE OF COLORADO:
ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTT'LYING SOUTHERLY AND
EASTERLY OF THE SOUTHERLY RIGHT-OF-WAY OF HIGHWAY 6 AND 24:
TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE 6TH PRINCIPAL MERIDIAN:
SECTION 13: NE1/4, N1/2SE1/4, NEI/4NW1/4
1 FSS AND EXCEPT THAT PARCEL OF LANK AS DESCRIBED IN DEED RECORDED MAY 28, 1982
IN BOOK 1374 AT PAGE 692, MESA COUNTY OFFICIAL RECORDS.
COUNTY OF MESA: .
STATE OF COLORADO
ALSO:
PARCELS:
A PARCEL OF LAND SITUATE WITHIN A PORTION OF SECTION 6, TOWNSHIP 8 SOUTH, RANGE
96 WEST OF THE SIXTH PRINCIPAL MERIDIAN,BEING MORE PARTICULARLY DESCRIBED AS
/ /Doo/ IV/L1/LU0 V I.Da'f'i rlvl raye / 01 o
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LTG Policy No. LTHH234705
Our Order No. GW234705
LEGAL DESCRIPTION
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO.
70 WHENCE THE NORTHEASTERLY CORNER OF SECTION 6 BEARS NORTH 73 DEGREES 10'30'
EAST 1568.55 FEET;
THENCE SOUTH 00 DEGREES 00'00' EAST 1613.78 FEET;
THENCE ALONG THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 & 24 THE FOLLOWING
TWO (2) COURSES:
SOUTH 55 DEGREES 30'00" WEST 111.47. FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT 1066.31 FEET SAID CURVE HAVING A
CENTRAL ANGLE OF 10 DEGREES'54'00', A RADIUS OF 5605.00 FEET, THE CHORD OF •
WHICH BEARS SOUTH 60 DEGREES 57'00" WEST 1064.70 FEET;
THENCE NORTH 110 DEGREES 23'51" WEST 1223.74 FEET;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 70 THE
FOLLOWING FOUR (4) COURSES:
NORTH 41 DEGREES 12'29" EAST58&78 FEET;
THENCE ALONG THE ARC QF A CURVE TO THE RIGHT 782.62 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 22 DEGREES 3812', A RADIUS OF 1980.88 FEET, THE CHORD OF
WHICH BEARS NORTH 54 DEGREES 57'53' EAST 777.54 FEET TO THE CENTERLINE OF A 40
FOOT WIDE ACCESS EASEMENT;
THENCE. ALONG i•HHE ARC OF A CURVE TO THE RIGHT 40.62 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 01 DEGREES 10'29", A RADIUS OF 1980.88 FEET, THE'CHORD OF
WHICH BEARS NORTH 66 DEGREES 52'14" EAST 40.62 FEET;
THENCE NORTH 64 DEGREES 55' 13" EAST 200.50 FEET TO THE POINT OF BEGINNING.
PARCEL C:
•A PARCEL OF LANA SITUATE WITHIN A PORTION OF SECTION 6 OF TOWNSHIP 8 SOUTH, AND
SECTION 31 OF TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING. AT A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 70
WHENCE THE NORTHEASTERLY CORNER OF SECTION 6 -BEARS SOUTH 89 DEGREES 23'07'
EAST 474.86 FEET;
THENCE SOUTH 00 DEGREES 00'00" EAST 1367,34 FEET;
THENCE ALONG THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 & 24 THE FOLLOWING
FIVE (5) COURSES:
SOUTH 55 DEGREES 30'00'. WEST 121.30 FEET TO THE CENTERLINE OF A 40 FOOT ACCESS
. EASEMENT;
THENCE SOUTH 55 DEGREES 30'00' WEST 463.22 FEET;
THENCE NORTH 37 DEGREES 57'36' WEST 34.00 FEET;
THENCE SOUTH 51 DEGREES 56'58' WEST 548.00 -FEET;
THENCE SOUTH 55 DEGREES 30'00". WEST 121.13•FEET;
TFIENCE NORTH.00 DEGREES 00'00" EAST 1613.78 FEET;. •- -
THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 70 THE
FOLLOWING TWO (2) COURSES:
NORTH 64 DEGREES 55'42" EAST 388.07 FEET;
THENCE NORTH 66 DEGREES 25'2? EAST 736.57 FEET TO THE POINT OF BEGINNING.
PARCEL D:
A PARCEL OF LAND SITUATE WITHIN A PORTION OF SECTIONS 5 AND 6, TOWNSHIP 8 SOUTH;
/0001 IU/L/ILVV7 V 1.00.44 rivi raye o UI o
Jean Alberico, Garfield County, Colorado
Rec Fee: $46.00 Doc Fee: $0.00 eRecorded
LEGAL DESCRIPTION
LI rang NO.Lltl-11)4/U.)
Our Order No. GW234705
SECTIONS 3I AND 32 OF TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 70
WHENCE THE NORTHEASTERLY CORNER OF SAID SECTION 6 BEARS SOUTH 54 DEGREES 36'00"
WEST 953.44 FEET;
THENCE SOUTH 00 DEGREES 56'14" WEST 1042.49 FEET;
THENCE ALONG THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NO.6 & 24 SOUTH 55
DEGREES 30'00" WEST 1539. FEET;
THENCE NORTH 00 DEGREES 00'00" EAST 1367.34 FEET;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO. 70 THE
FOLLOWING TWO (2) COURSES:
NORTH 66 DEGREES 25'24" EAST 515.86 FEET;
THENCE NORTE 66 DEGREES 22'19' EAST 850.51 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OF LAND SITUATE WITHIN A PORTION OF SECTION 32, TOWNSHIP 7 SOUTH AND
SECTION 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT -ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGH WAY NO. 70
WHENCE THE NORTHEASTERLY CORNER OF SAID SECTION 6 BEARS SOUTH 62 DEGREES 37'20"
WEST 2974.28 FEET;
THENCE SOUTH 00 DEGREES 56'14" EAST 581.97 FEET;
THENCE ALONG THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY N0.6 8424 SOUTH 55
DEGREES 30'00" WEST 2252.60 FEET;
NORTH 00 DEGREES 56'14" WEST 1042.49 FEET; .
THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY 140.70 NORTH 66
DEGREES 22'19" WEST 2034.52 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
EXHIBIT A
5 MILE RANCH GRAVEL PIT
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SE'/4 SE'/4 OF SECTION 28 AND IN SECTION 33, TOWNSHIP 7
SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A BLM CAP IN PLACE, THE
POINT OF BEGINNING; THENCE S00°01'55"E ALONG THE EASTERLY BOUNDARY OF SAID
SECTION 33 A DISTANCE OF 1,369.44 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S17°45'22"W ALONG THE WESTERLY RIGHT-OF-WAY OF UNA ROAD A DISTANCE OF 1,065.87
FEET TO A POINT IN THE CENTER OF THE COLORADO RIVER, AS DEFINED IN BOOK 602 AT
PAGE 964 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID
CENTERLINE AS DEFINED, N69°04' 13"W A DISTANCE OF 1,170.74 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S85°15'21"W A DISTANCE OF 324.97 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S59°20'30"W A DISTANCE OF 316.71 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S48°53'02"W A DISTANCE OF 337.31 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S20°46'48"W A DISTANCE OF 328.61 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S11°57'01"W A DISTANCE OF 859.10 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S64°03'25"W A DISTANCE OF 1,512.73 FEET; THENCE LEAVING SAID
CENTERLINE N55°52'00"W A DISTANCE OF 326.96 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD; THENCE N34°08'00"E ALONG SAID
SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 2,309.28 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3,080.15
FEET AND A CENTRAL ANGLE OF 07°48'48", A DISTANCE OF 420.03 FEET, (CHORD BEARS
N37°12'54"E A DISTANCE OF 419.70 FEET) TO A POINT ON THE NORTH -SOUTH CENTERLINE OF
SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N00°19' 12"W ALONG SAID
NORTH -SOUTH CENTERLINE A DISTANCE OF 73.67 FEET; THENCE LEAVING SAID CENTERLINE
AND CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 2,815.06 FEET AND A CENTRAL ANGLE OF 12°14'22", A DISTANCE OF
601.36 FEET, (CHORD BEARS N48°41'42"E A DISTANCE OF 600.21 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55°08'54"E A DISTANCE OF 98.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55°29'00"E A DISTANCE OF 2,142.73 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY N87°19'01"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 94.82 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT-OF-WAY
N55°29'00"E A DISTANCE OF 299.37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID
SECTION 28; THENCE LEAVING SAID RIGHT-OF-WAY S01°57'23"E ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 157.92 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 130.558 ACRES, MORE OR LESS.
GRAVEL LEASE
THIS GRAVEL LEASE is made and executed effective the `j day of January, 2012, (the
"Commencement Date") between 5 -Mile Ranch, LLC, a Colorado limited liability company,
whose address for purposes of this Agreement is 8191 East Kaiser Boulevard, Anaheim, CA
92808 ("Lessor"), and Elam Construction, Inc., doing business as Grand Junction Concrete Pipe
Co. and as Grand Junction Pipe & Supply Company, a Colorado Corporation, whose address for
purposes of this Agreement is P. 0. Box 1849, Grand Junction, Colorado 81502 ("GJP").
RECITALS
A. Lessor is the owner of real property, including all interest in the sand, gravel, and
certain mineral rights, located in Garfield County, Colorado, described as follows:
See Exhibit A, attached hereto and incorporated herein by reference
(the "Property").
B. The parties desire to enter into this Gravel Lease for the purpose of allowing GJP to
extract sand, gravel and excess overburden from the Property, and to utilize the remaining portions
of the Property for certain purposes, on the terms and conditions set forth below.
AGREEMENT
I. Lessor hereby leases the Property to GJP for the purpose of extracting, hauling,
processing and stockpiling sand, gravel and excess overburden (collectively "materials") from the
Property, and for the placement and use of crushers and other equipment used in connection with
the extracting, hauling, processing, and stockpiling of the sand, gravel and excess overburden
extracted from the Property. For purposes of this Gravel Lease, "excess overburden" is defined as
all dirt, soil and similar materials overlying the sand and gravel deposits on the Property that is not
needed for the proper reclamation of the Property. GJP shall have the exclusive right to use the
Property for the purposes described above during the term of this Gravel Lease and any extension
,- o
thereof, and Lessor shall not lease the Property to any third parties for such purposes or otherwise
use the Property for such purposes during the term of this Gravel Lease and any extension thereof.
Lessor shall be entitled to use the Property during the term of this Gravel Lease and any extension
thereof to the extent such use does not unreasonably interfere with GJP's operations under this
Gravel Lease. GJP may realign any existing roadways on the Property, and create other roads on
the Property, as necessary for its operations. Lessor shall have perpetual rights of access over and
across all roadways within the Property for the purpose of accessing the other adjacent properties
owned by Lessor for ranch maintenance purposes, oil and gas activities and other purposes that are
mutually agreed upon by GJP and Lessor. Any use of the roadways within the Property by Lessor
during the term of this Gravel Lease and any extension thereof shall be made in a manner that does
not unreasonably interfere with GJP's operations under this Gravel Lease and in conformance with
all reasonable health and safety policies of GJP or laws or rules imposed by governmental agencies
with jurisdiction over GJP's operations under this Gravel Lease. The creation and realignment of
roads on the Property shall be done at no cost to Lessor and with approval of Lessor in each
instance. GJP agrees to keep the haul road utilized by it in a reasonably dust free condition. In
planning its mining activities on the Property, GJP shall consult with Lessor in order to develop a
layout of the pit area which will be satisfactory to Lessor. GJP shall also consult with Lessor in
developing a reclamation plan ("Reclamation Plan") for the Property. The Reclamation Plan and
pit area layout will be subject to Lessor's approval, which approvals will not be unreasonably
withheld. Lessor agrees that any layout of the pit area must be such that it will allow GJP to
economically mine sand, gravel and excess overburden from the Property, and that any
Reclamation Plan developed for the Property must be economically feasible.
2. GJP shall conduct and be entitled to conduct certain activities, and the term of this
Gravel Lease shall commence, as follows:
A. GJP shall proceed with due diligence to apply for all governmental permits
necessary to conduct its operations on the Property under this Gravel Lease. Such permits
include, without limitation, a conditional use permit from Garfield County, a mining permit from
the Colorado Division of Reclamation, Mining and Safety ("DRMS"), a well permit from the
Colorado State Engineer, approval of a substitute water supply plan by the Colorado State
Engineer's office, a state highway access permit, a flood plain permit, a discharge permit, an
emissions permit, and any necessary Section 404 permits or other permits from the U.S. Army
Corps of Engineers. If any of these permits shall be denied or not finally granted within three
years from the execution date of this Gravel Lease (as set forth in the introductory paragraph of
this Gravel Lease), then this Gravel Lease shall terminate and be of no further force and effect.
Subject to the provisions of Paragraph 2.B., below, the term of this Gravel Lease shall commence
upon execution date of this Gravel Lease (the "Commencement Date"). The execution date of this
Gravel Lease shall be the last date on which this Gravel Lease is signed by either of the parties.
GJP shall have the privilege of access to the Property for the purpose of performing the work
necessary to apply for and obtain the permits referred to above. Lessor agrees to cooperate with
and aid GJP as necessary in applying for and obtaining all necessary permits, but at no cost to
Lessor. Within ten days after the execution date of this Gravel Lease, Lessor provide GJP with a
list of all governmental permits that it currently holds, if any, relating to the Property. If GJP
determines that any of these permits would be useful to it in connection with its operations under
this Gravel Lease, and if such permits are transferable, Lessor shall transfer (without warranty)
such permits to GJP within ten days after GJP requests such transfer. GJP shall prepare and
provide all instruments needed to make such transfer of permits. GJP shall present all
applications and plans (referred to in this Paragraph as "Permit Applications"), prior to their tiling
with the responsible regulatory authority(ies), to Lessor for its approval, which approval shall not
be unreasonably withheld. Lessee shall diligently pursue the approval of all such Permit
3
Applications and permits needed to commence mining operations at the Property. Once the
initial permits have been approved by the responsible regulatory authority(ies) and delivered to
GJP, any renewal or significant amendments thereto shall require GJP to present to Lessor for its
approval all application materials filed to obtain same (referred to in this Paragraph as "Permit
Amendment Applications"), with such approval not to be unreasonably withheld. GJP shall
provide all proposed Permit Applications and Permit Amendment Applications to Lessor in the
manner set forth in Paragraph 17, below. Lessor shall give GJP written notice approving or
disapproving each proposed Permit Application and Pennit Amendment Application within seven
business days after the Permit Application or Permit Amendment Application is given to Lessor.
Any disapproval shall state the reason(s) for the disapproval, and Lessor and GJP will thereafter
work together in good faith to resolve the reason(s) for the disapproval. If Lessor does not
provide GJP with a notice either approving or disapproving a proposed Permit Application or
Permit Amendment Application within seven business days, as required above, the Permit
Application or Permit Amendment Application shall be deemed to have been approved by Lessor.
B. GJP shall be entitled, but not obligated, to investigate the title to the
Property and the existence of any mineral reservations. If GJP determines, in its sole opinion, that
any of the surface minerals may have been reserved or that Lessor's title to the Property is
otherwise not satisfactory, GJP may, but shall not be required to, take whatever actions it deems
appropriate to cure the problems it identifies. Such actions could include, without limitation, the
filing of a quiet title action in Lessor's name, or obtaining conveyances of reserved mineral
interests from the owner thereof to Lessor. An such actions shall be at GJP's sole expense. At
GJP's request, Lessor shall cooperate with GJP in all such actions but at no cost to Lessor. If in its
sole discretion GJP is not satisfied with Lessor's title to the Property after any investigation it
conducts and any curative actions it may attempt, GJP shall be entitled to terminate this Gravel
Lease. In order to terminate this Gravel Lease under this Paragraph 2.B., GJP must give written
4
notice of termination to Lessor no later than ninety days after the Commencement Date, provided,
however, that if GJP elects to file a quiet title action, the notice of termination shall be given no
later than one year after the Commencement Date.
3. The initial term of this Gravel Lease is for a period of thirteen (13) years,
commencing on the Commencement Date. GJP and Lessor may at their discretion mutually
agree to extend this Gravel Lease for an additional period of up to ten (10) years after the
expiration of the initial term, under the same terms and conditions as provided for in the initial
term of this Gravel Lease, if productive extraction is continuing. To extend this Gravel Lease, the
Lessor and Lessee must come to a mutually acceptable agreement in writing to do so not less than
thirty (30) days prior to the end of the initial term,
4. GJP shall have the right to install sheds, buildings, machinery, pumps, equipment,
personal property, telephone lines, electric lines and water lines on the Property reasonably needed
in connection with the extracting, hauling, processing, and stockpiling of the sand, gravel and
excess overburden extracted from the Property, and shall remove such property and equipment
from the Property at the end of the lease term or upon any other termination of this Gravel Lease.
Lessor shall not be liable for payment of any utility or other charges for sheds, buildings,
machinery, pumps, equipment, personal property, telephone lines, electric lines and water lines
installed by GJP.
5. In consideration of this Gravel Lease, GJP agrees to pay to Lessor as follows:
A. GJP shall pay royalties to Lessor at the following rates:
i. A royalty of $ I.20 per ton (2000 pounds) of sand and gravel mined
and removed from the Property under this Gravel Lease (the "Gravel Royalty").
ii. A royalty of $0.85 per ton (2000 pounds) of excess overburden
mined and removed from the Property under this Gravel Lease (the "Overburden Royalty").
5
notice of termination to Lessor no later than ninety days after the Commencement Date, provided,
however, that if GJP elects to file a quiet title action, the notice of termination shall be given no
later than one year after the Commencement Date.
3. The initial term of this Gravel Lease is for a period of thirteen (13) years,
commencing on the Commencement Date. GJP and Lessor may at their discretion mutually
agree to extend this Gravel Lease for an additional period of up to ten (10) years after the
expiration of the initial term, under the same terms and conditions as provided for in the initial
term ofthis Gravel Lease, if productive extraction is continuing. To extend this Gravel Lease, the
Lessor and Lessee must come to a mutually acceptable agreement in writing to do so not less than
thirty (30) days prior to the end of the initial term.
4. GJP shall have the right to install sheds, buildings, machinery, pumps, equipment,
personal property, telephone lines, electric lines and water lines on the Property reasonably needed
in connection with the extracting, hauling, processing, and stockpiling of the sand, gravel and
excess overburden extracted from the Property, and shall remove such property and equipment
from the Property at the end of the lease term or upon any other termination of this Gravel Lease.
Lessor shall not be liable for payment of any utility or other charges for sheds, buildings,
machinery, pumps, equipment, personal property, telephone lines, electric lines and water lines
installed by GJP.
5. In consideration of this Gravel Lease, GJP agrees to pay to Lessor as follows:
A. GJP shall ',ay royalties to Lessor at the following rates:
i. A royalty of $1.20 per ton (2000 pounds) of sand and gravel mined
and removed from the Property under this Gravel Lease (the "Gravel Royalty").
ii. A royalty of $0.85 per ton (2000 pounds) of excess overburden
mined and removed from the Property under this Gravel Lease (the "Overburden Royalty").
iii. An additional royalty, in addition to the Gravel Royalty and
Overburden Royalty, of $0.15 per ton (2,000 pounds) of sand, gravel and excess overburden mined
and removed from the Property under this Gravel Lease (the "Water Royalty").
iv. The Gravel Royalty, the Overburden Royalty, and the Water
Royalty will collectively be referred to in this Gravel Lease as the "Product Royalties." The
Product Royalties shall all be subject to adjustment as provided in Paragraph S.B., below
B. During the initial term and any extended term of this Gravel Lease, annually
on the anniversary date of the issuance of the final permit needed for commencement of any
mining of any materials from the Property (the "Final Permit Date"), the Product Royalties
payable to Lessor shall increase in proportion to the increase in the Consumer Price Index for
Urban Wage Earners and Clerical Workers, "All Items" category, U.S. City Average, as prepared
and published by the Department of Labor, United States of America. Such increase shall relate
to the index published for the month of the Final Permit Date, as compared to the most current
monthly index available on the anniversary date of the Final Permit Date in each year of the lease
term or any extension thereof. Such increase, if any, when so deter►nined, shall control until the
next anniversary date. If for any reason the described Index shall no longer be published, then the
parties shall attempt to reach a mutual agreement on an index reasonably similar thereto. if no
mutual agreement can be obtained, then the index to be applied shall be determined by arbitration
under the Rules and Procedures of the American Arbitration Association (Commercial).
C. Subject to the provisions of Paragraph 6 below, no Product Royalties shall
be payable to Lessor unless and until the sand, gravel and/or excess overburden, as the case may
be, is removed from the Property.
D. GJP shall provide Lessor with a written statement signed and certified by an
authorized officer of GJP as to accurate quantities of all sand, gravel, and/or excess overburden
6
,e:e
removed by it during the preceding month and, subject to the provisions of Paragraph 6, below,
shall make payments to Lessor of any Product Royalties due by the 20th day of each month.
E. GJP shall install scales and weigh all sand, gravel and excess overburden
before or at the time of removal from the Property and shall preserve the weight tickets. Lessor
shall have the right to review the weight tickets during GJP's normal business hours.
F. For purposes of calculation of the royalty payment due, quantities of
materials for which the royalty payment is due will be measured as follows:
(i) Use of Scales. All materials shall be weighed on a certified scale at the
time when materials are removed from the Property or mixed with other products. If materials on
which a royalty payment is due are mixed with non -excavated materials (for example, in case of
mixing sand and gravel with water and Portland cement in the concrete batch plant), then for the
purpose of calculating the royalty payment, the weight of the excavated materials shall be
separately weighed using a certified scales prior to being delivered to concrete or asphalt batch
operations on the Property or mixed with other materials. For record keeping and control
purposes, the mixed product shall also be weighed prior to leaving the Property.
(ii) Scale Adjustments. Accuracy of the scale shall be checked and
adjustments made at least as often as required to continue to be certified. Records of the accuracy
check and adjustments shall be preserved and made available in the same manner as other records.
6. GJP shall pay advance royalties to Lessor as follows:
A. GJP shall pay Lessor an advance royalty of $50,000.00 upon mutual
execution of this Gravel Lease. Thereafter, GJP shall pay Lessor advance royalties of $50,000.00
per year, commencing on the first anniversary date of the Commencement Date, and continuing on
each annual anniversary date of the lease term thereafter (through and including the last
anniversary date), and, if the lease term is mutually extended by the parties for an additional term
as set forth in Paragraph 3 above, on the commencement date and on each annual anniversary date
7
of the extended lease term (through and including the last anniversary date of the extended lease
term). The advance royalties paid shall be offset against the Gravel Royalties accruing under this
Gravel Lease and the Water Royalties that accrue on the sand and gravel mined and removed from
the Property under this Gravel Lease (referred to in this Paragraph 6 as the "Gravel Water
Royalties") in the manner set forth below. The advance royalties shall not be offset against the
Overburden Royalties accruing under this Gravel Lease or the Water Royalties that accrue on the
excess overburden mined and removed from the Property under this Gravel Lease. If this Gravel
Lease is terminated pursuant to the provisions of Paragraph 2.A. or 213., Lessor shall be entitled to
retain all advance royalty payments paid to it under this Gravel Lease prior to the date of
termination. Any advance royalty payment that is not received by Lessor within 10 days of its due
date shall be subject to a late charge equal to 8% of the payment due. Such late charge shall not be
considered an additional advance royalty payment but rather a charge for late payment.
13. If the advance royalty paid for a year exceeds the amount of Gravel
Royalties and Gravel Water Royalties accruing in that year, the excess shall not be used to reduce
the amount of any advance royalties payable in future years. If the amount of Gravel Royalties and
Gravel Water Royalties accruing in a year exceeds the advance royalty paid for that year, the
amount of the excess shall be used to reduce the amount of advance royalty accruing for the next
year.
C. AH advance royalties payable hereunder shall be offset against Gravel
Royalties and Gravel Water Royalties which shall accrue and be payable to Lessor for sand and
gravel mined and removed from the Property under this Gravel Lease. GJP shall maintain records
of the amounts of advance royalties paid under this Gravel Lease, and each month shall deduct the
Gravel Royalties and Gravel Water Royalties that have accrued for materials removed during the
preceding month from the total amount of advance royalties that have been paid. If any excess
advance royalties remain at the end of the term (or, if this Gravel Lease is extended, at the end of
s
(9‹
the extended term) or other termination of this Gravel Lease, Lessor shall be entitled to retain such
excess royalties, and shall not be required to refund the excess to GJP.
D. If commercial sand and gravel shall be mined out of the Property before all
advance royalty payments are due and payable, GJP may give written notice thereof' to Lessor
(referred to in this Paragraph as the "Termination Notice"), and thereafter GJP shall not be
obligated to pay any additional advance royalties. GJP shall then vacate the Property with
reasonable dispatch and this Gravel Lease shall terminate, subject to the obligations for
reclamation as set forth in Paragraph 12 below. GJP shall calculate the amount of materials in any
stockpiles remaining on the Property as of the date the Termination Notice is given and shall pay
the Lessor royalties, at the then current royalty rate, on such amount within thirty days after the
Termination Notice is given. Any remaining advance royalties previously paid by GJP shall be
offset against the royalties due on these stockpiled materials. All materials in the stockpiles shall
either be removed from the Property within two years after the date the Termination Notice is
given or shall be incorporated into any reclamation work done by GJP on the Property. No
royalty shall be due when such materials are actually removed from the Property, because the
royalties on all the materials will have been paid within thirty days after the Termination Notice is
given. For the purposes of this Paragraph, "mined out" means the removal of substantially all of
the minable commercial sand and gravel from the Property, with the exception of the area needed
for processing of the mined material, which area shall not exceed 10 acres in size.
E. GJP shall keep and maintain adequate and accurate records of the quantities of
Materials mined and removed from the Property. Lessor shall have a right at all reasonable times
during business hours and upon reasonable prior notice to examine and audit such records of GJP
at the offices of GJP and to verify the quantities of Materials removed from the Property and the
accuracy of the scales used to with the Materials.
7. The parties agree as follows with respect to water and water rights:
9
A. Promptly tiller execution of this Gravel Lease, GJP shall file an application
for approval of a substitute water supply plan ("SWSP") with the Colorado State Engineer's office
to replace the water depletions resulting from GJP's operations under this Gravel Lease (the
"SWSP Application"), GJP shall also file with the appropriate water court an application (the
"Water Rights Application") to adjudicate water rights and for approval of an augmentation or
other replacement plan ("Augmentation Plan") for the water uses and depletions resulting from
GJP's operations under this Gravel Lease. The SWSP Application and the Water Rights
Application will be filed in the name of GJP, as lessee, and will provide that GJP's interest in the
water rights and augmentation plan will cease upon expiration or teimination of this Gravel Lease.
The water rights sought in the Water Rights Application will be for industrial purposes, including
but not limited to evaporation, dust suppression, aggregate washing, and product moisture losses.
Unless the parties mutually agree otherwise, GJP shall be responsible for obtaining the necessary
augmentation or replacement water or water rights for use in the SWSP and the Augmentation Plan
and shall pay the costs of obtaining and using such water and water rights during the term of this
Gravel Lease and any extension thereof. GJP shall prosecute the SWSP Application and the
Water Rights Application to conclusion with diligence, provided, however, that GJP shall not be
required to accept any terms and conditions in any SWSP approved by the State Engineer's office
or in any decree entered or proposed to be entered with respect to the Water Rights Application
which are not acceptable to it in its sole discretion. Copies of any engineering work that GJP may
have prepared shall be given to Lessor, upon request. Lessor shall cooperate with and assist GJP in
the prosecution of the Water Rights Application at no cost to Lessor. GJP shall be entitled to
utilize, without charge, any water rights so approved or adjudicated for evaporation, reclamation
purposes, dust suppression, product moisture losses, aggregate washing, or other uses needed in its
operations on the Property during the term of this Gravel Lease, and any substitute water supply
plans or augmentation or replacement plans which may be approved or adjudicated.
B. At the appropriate time during or after the SWSP or adjudication process
described in Paragraph 7.A., above, GJP shall apply for a well permit fitom the Colorado State
Engineer's office for the mining of the Mining Property under this Gravel Lease (the "Well
Permit"), at its sole cost and expense. The application shall be filed in the name of GJP, as GJP
under this Gravel Lease.
C. After the expiration of the lease term or other termination of this Gravel
Lease, GJP shall assign and convey all rights and obligations under the SWSP, the Well Permit, all
water and water rights relating to the Property, including any lakes or pools that may be left on or
with the Property as a result of GJP's mining, and all augmentation and replacement plans to
Lessor, and Lessor shall assume all obligations under or relating to the SWSP, Well Permit, water
and water rights, and any augmentation or replacement plans. Thereafter, GJP shall have no
further interest in or obligations under the SWSP, Well Permit, water and water rights relating to
the Property, or any augmentation or replacement plans, except to the extent they are needed for
the proper reclamation of the Property, in which case Lessor agrees that they can be used for
reclamation purposes. GJP has agreed to pay the Water Royalty identified in Paragraph 5.A.iii.,
above, in order to provide funds to Lessor to assist Lessor in meeting any obligations it may have
under or relating to the SWSP, Well Permit, water and water rights, and any augmentation or
replacement plans after the expiration of the lease term or other termination of this Gravel Lease.
Lessor shall be solely responsible for investing, managing and applying the Water Royalty
amounts paid to it, and GJP makes no representations as to whether those funds will be adequate to
meet all Lessor's obligations under the SWSP, Well Permit, water and water rights, and/or any
augmentation or replacement plans.
8. Lessor warrants title to the Property and to all sand, gravel and excess overburden
located on the Property, and further warrants and covenants that GJP shall have the right to extract
sand, gravel and excess overburden from the Property and otherwise use and occupy the Property
1)
as set forth in this Gravel Lease without interference from any person. This warranty does not
apply to any permit conditions or other governmental conditions or approvals that GJP must have
or meet to conduct its operations on the Property under this Gravel Lease, compliance with which
are GJP's sole obligation and responsibility.
9. Taxes. During the term of this Lease, GJP shall pay when due all ad valorem
property taxes assessed on the production, severance or extraction of mined materials from the
Property. GJP will pay the difference in the property taxes assessed if zoning is changed from
agricultural to commercial or industrial during the permitting process as a result of GJP's
operations or permitting activities. Lessor shall be responsible for any increase in taxes imposed
which are not proximately caused by GJP's use of the Property as set forth herein. In addition,
GJP shall pay all personal and real property taxes assessed against machinery, tools, equipment,
supplies, buildings, improvements, pipelines, stockpiles of Materials, and other property and/or
fixtures placed by GJP on the Property. Lessor shall pay all other real property taxes on the
Property and on any improvements thereon, including without limitation, improvements that
Lessor installs on the Property for Lessor's own purposes, and any taxes attributable to the
royalties received or oil and gas activities,
GJP shall pay all personal property taxes and any and all inventory taxes which may be
imposed or incurred during the term of this Gravel Lease, and all costs and expenses relating to
compliance with any permit conditions or other governmental conditions or approvals that GJP
must have or meet to conduct its operations on the Property under this Gravel Lease.
10. GJP shall pay all charges for electricity, gas, water and utilities furnished or
supplied to or on any part of the Property in connection with its operations raider this Gravel Lease.
11. GJP may, at its sole cost and expense, subject to all governmental laws,
authorizations and regulations, make such repairs and improvements to the Property as it may
desire at its option and which are reasonably needed in connection with the extraction, hauling,
12
�3
processing and stockpiling of the materials under this Gravel Lease. All improvements shall be
removed from the Property by GJP at the expiration or other termination of this Gravel Lease,
unless otherwise agreed by the parties.
12, GJP shall, at the expiration of the lease term or upon other termination of this
Gravel Lease, surrender the Property to Lessor, subject to GJP's reclamation obligations as set
forth below, Any mined material remaining on the Property at the expiration or termination of
this Gravel Lease shall become the property of Lessor (or GJP shall remove at Lessor's request),
and no royalty shall be payable by GJP on such material, if left on site. Within three years after
expiration or termination of this Gravel Lease, or within three years after GJP has fully mined out
the Property, whichever comes first, GJP shall complete the reclamation of the Property at GJP's
sole expense in accordance with the approved Reclamation Plan and the terms of the permits
issued by the DBMS and other applicable governmental entities. If this three-year period occurs
after the expiration or termination of this Gravel Lease, GJP shall have the right of access to the
Property during this three-year period to perform the reclamation work. At the conclusion of the
reclamation work, the Property will be surrendered to Lessor in the condition agreed under the
approved Reclamation Plan and permits.
13. Liabilities.
A. GJP shall defend, indemnify and hold harmless Lessor from and against any
and all claims, demands, judgments, and liability, including reasonable attorneys' fees and expert
fees, by or to any and all third parties resulting from all acts or omissions of GJP or its agents,
representatives, officers, employees, lessees and contractors in, on or about the Property. The
foregoing indemnification shall all survive the termination of this Gravel Lease. The indemnity
provisions set forth in this Gravel Lease shall apply to amounts paid in settlement of a claim by an
indemnified party only if such settlement is approved by the indemnifying party, which approval
shall not be unreasonably withheld.
13
c)
B. GJP agrees to keep the Property free and clear of liens, charges, claims or
demands arising from its operations hereunder and to promptly pay for all labor performed on the
Property and for all supplies, materials, and equipment used or placed on the Property by GJP.
GJP shall defend, indemnify and hold harmless Lessor from and against any and alt claims,
charges, demands, causes of action, damages and liability, including reasonable attorneys' fees
and expert fees, that arise from or are connected to the acts or omissions of the Lessee hereunder or
to those of its contractors, subcontractors, employees, officers, agents or lessees in regard to
providing labor and acquiring or installing materials, equipment and supplies for operations under
this Gravel Lease.
14. Insurance.
A. GJP shall maintain, at its sole expense and at all times, statutory Worker's
Compensation Insurance coverage as required under the laws and regulations of the State of
Colorado for all its officers and employees who perform work for GJP hereunder.
B. GJP shall purchase, at its sole expense, and shall maintain at all tunes the
following minimum insurance protection:
• Comprehensive General Liability in the amount of $1,000,000 combined single
limit;
• Employer's Liability Insurance in the amount of $100,000 each occurrence;
• Automobile Liability Insurance in the amount of $1,000,000 combined single limit;
and
• Insurance for other risks ordinarily insured against in similar operations pursuant to
standard operating policy of GJP.
GJP agrees that it shall require all independent contractors, contractors and subcontractors
who perform work in connection with the Property to have similar and adequate insurance in full
force and effect,
14
15. Prompt payment of the amounts to be paid by GJP and compliance with all terms
and conditions are of the essence of this Gravel Lease. If GJP fails to make payments or fails to
perform as agreed, Lessor may give GJP written notice of its intention to terminate this Gravel
Lease. If the default complained of is not cured within twenty (20) days after such notice is given
to GJP, Lessor shall be entitled to terminate this Gravel Lease; provided, however, that if the
default is non -monetary and cannot reasonably be cured within the 20 day notice period, GJP shall
have a reasonable time to correct the default if GJP commences measures to cure the default within
the twenty day period and proceeds diligently thereafter to cure the default. If this Gravel Lease is
terminated under this paragraph, GJP shall surrender the Property to Lessor and perform the
reclamation work as provided in Paragraph 12. Any accrued royalties and all necessary
reclamation work shall remain the obligation of GJP and shall survive the termination of this
Gravel Lease under this paragraph.
16. If either party defaults in its performance under this Gravel Lease, or if it is
necessary for either party to take any action to enforce the terms of this Gravel Lease, the
prevailing party shall be entitled to recover froni the other party, and the other party shall pay the
prevailing party, all reasonable costs incurred by the prevailing party, including without limitation
court costs and attorneys' fees, regardless of whether actual litigation or court proceedings are
involved.
17. Any 1%ritten notice which may be desired or required pursuant to this Gravel Lease
may be given by certified or registered mail, return receipt requested or by a national express
delivery service such as Federal Express or UPS. Any such mailing to either party shall be at the
address set forth in the introductory paragraph to this Gravel Lease. A change of address may he
established by written notice in accordance with this paragraph. Such notice may also be
delivered personally w ith receipt taken for it. Such notice shall be effective on the date of
delivery.
18. Each party warrants and represents to the other that such party has taken all actions
necessary to make this Gravel Lease a valid obligation binding upon the party.
19. This Gravel Lease shall be binding upon and inure to the benefit of the successors
and permitted assigns of the parties.
20. Each party agrees to execute upon request of the other party a memorandum of this
Gravel Lease in a mutually agreeable form suitable for recording. Either party may record this
memorandum in the records of Garfield County, Colorado, at such party's expense.
21. Assignment or Sublease. The provisions of this Gravel Lease shall extend to and
be binding upon the successors, assigns and sub -lessees of Lessor and GJP; provided however, that
GJP shall not assign the Gravel Lease or sublease all or any significant part of the Property without
having first secured the approval of said assignment from Lessor (which Lessor may decline in its
sole discretion, except any sublease for Plant purposes, which approval shall not be unreasonably
denied provided the Plant sub -lessee is an operator who is reasonably experienced and financially
qualified for such operations). Any assignment or sublease shall not release or relieve GJP of its
duties and obligations under this Gravel Lease. Plant shall mean a portable and/or fixed facility
for processing, storing, washing, sorting, handling, loading and shipping of materials mined from
the Property, along with ancillary facilities, and shall also mean a concrete or asphalt batch plant.
22. Operations. GJP shall conduct its operations on the Property, if any, in a prudent
and workmanlike manner and in accordance with good and accepted mining and business practices
and in compliance with all applicable federal, state and local laws, rules and regulations, and all
applicable permits.
23. Entire Agreement. This Gravel lease contains the entire agreement between the
parties hereto. and neither it nor any part of it may be changed, altered. modified, or limited orally
or by any agreement between the parties unless such agreement be expressed in NNriting, signed.
1 6
and acknowledged by the Lessor and CLIP, or their respective heirs. personal representatives.
successors and assigns.
24. Counterparts/Facsimile Signatures. This Gravel Lease may he executed by
facsimile signature and/or in one or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one and the same lease.
IN WITNESS WI IEREOF, the parties to this Gravel Lease have signed it as of the day and
year set forth above.
ELAM CONSTRUCTION, INC., doing
business as GRAND JUNCTION
CONCRETE PIPE COMPANY and as
GRAND JUNCTION PI E & SUPPLY CO.
BY:,
Nair
Title:
I7
5 -MILE RANCI I, LLC
Name:
Title: Manager
SIAfEor c.rr oRrvr )
)ss.
COUN'T'Y OF (...1P-4140 61 )
The foregoing agreement was acknowledged before me this JQ : day of January, 2012. by
as Manager of 5 -Mile Ranch, 1,1.C.
WITNESS niy hand and official seal.
My Commission Expires:
LY▪ N▪ ETTE M. KELLUI(
Commission # 1883186
Notary Public - California
Orange County
M Comm. Ires Mar 212014
S'L'ATE OF COLORADO
COUNTY OF MESA
}
) ss.
)
The foregoing agreement was acknowledged
, 20 v3_, by
business as Grid Junction Concrete Pipe Company y and as
Corporation.
before me this \C\ day of
l� be , President of Elam Construction, Inc., doing
Grand Junction Pipe & Supply Co., a Colorado
WI'T'NESS my hand and official seal.
My Commission Expires: A.\
IN
Notary Public
PROPERTY DESCRIPTION
GRAVEL PIT
A PARCEL OF LAND SITUATED IN 3E1/43E1/4 OF SECTION 28 AND IN SECTION 33,
TOWNSHIP 7 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A BLM CAP IN
PLACE, THE POINT OF BEGINNING; THENCE 500101'65"E ALONG THE EASTERLY
BOUNDARY OF SAID SECTION 33 A DISTANCE OF 1,369.44 FEET; THENCE LEAVING
SAID EASTERLY BOUNDARY S17'45'22"W ALONG THE WESTERLY RIGHT-OF-WAY OF
UNA ROAD A DISTANCE OF 1,085.87 FEET TO A POINT IN THE CENTER OF THE
COLORADO RIVER, AS DEFINED IN BOOK 802 AT PAGE 984 OF THE GARFIELD COUNTY
CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID CENTERUNE AS DEFINED,
N89'04'13'W A DISTANCE OF 1,170.74 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S85°1521'W A DISTANCE OF 324.91 FEET; THENCE CONTINUING ALONG
SAID CENTERLINE 858°20'30'W A DISTANCE OF 318.71 FEET; THENCE CONTINUING
ALONG SAID CENTERUNE S48°53'02'WA DISTANCE OF 337.31 FEET; THENCE
CONTINUING ALONG SAID CENTERUNE 820°48'48'WA DISTANCE OF 328.81 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S11'6T01'W A DISTANCE OF 858.10
FEET; THENCE CONTINUING ALONG SAID CENTERLINE S84°03'25' W A DISTANCE OF
1,512.73 FEET; THENCE LEAVING SAID CENTERUNE N55'52'00"W A DISTANCE OF
328.98 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC
RAILROAD; THENCE N34'08'00"E ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE
OF 2,309.28 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3,080.16 FEET AND A CENTRAL
ANGLE OF 07°4848", A DISTANCE OF 420.03 FEET, (CHORD BEARS N37'12'64"E A
DISTANCE OF 419.70 FEET) TO A POINT ON THE NORTH -SOUTH CENTERUNE OF SAID
SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N00°19'12"W ALONG
SAID NORTH -SOUTH CENTERLINE A DISTANCE OF 73.67 FEET; THENCE LEAVING SAID
CENTERLINE AND CONTINUING ALONG SAID RIGHT -OF --WAY ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 2,815.08 FEET AND A CENTRAL ANGLE OF
12°14'22", A DISTANCE OF 601.38 FEET, (CHORD BEARS N48°41'42"E A DISTANCE OF
600.21 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N55°08`54"E A
DISTANCE OF > :.98 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY
N55'29'00"E A DISTANCE OF 2,142.73 FEET TO A POINT ON THE NORTHERLY
BOUNDARY OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY
N87°19'01"E ALONG SAID NORTHERLY BOUNDARYA DISTANCE OF 94 FET;
THENCE LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING AL N . SAID
RIGHT OF WAY N55°29'00"E A DISTANCE OF 299.37 FEET TO A F �?A�NNT QN HE
EASTERLY BOUNDARY OF SAID SECTION 28; THENCE LEAVINIX $Mb RIGHT-OF-WAY
001°5723"E ALONG SAID EASTERLY BOUNDARY A DISTANCtOP i 57.92 FEET TO THE
POINT OF BEGINNING; SAID PARCEL CONTAINING 130.558 AgRES, MORE OR LESS.
EXHIBIT
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2
11F#iiiii„,
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EXHIBIT
t
5 -Mile Ranch Gravel Pit Extension
September 8, 2015
PROJECT INFORMATION
REQUEST Request for Extension of Approval granted July 15, 2013
PROPERTY OWNER 5 -Mile Ranch, LLC
LESSEE/OPERATOR Elam Construction, Inc.
REPRESENTATIVE Jonathan Mueller, Environmental Compliance
Coordinator
LOCATION
Southwest of Parachute, south of the intersection of CR
300 and SH 6
Elam Construction, Inc. as lessees of a portion of the property owned by 5 -Mile Ranch,
LLC requests the Board of County Commissioners (the Board) approve a requested one-
year extension to satisfy the conditions of approval of the Land Use Change Permit.
The Board conditionally approved a request for "Extraction, Processing, Storage and
Material Handling of a Natural Resource" to allow for a gravel extraction operation to occur
on a 130.5 -acre portion of a 1,200 -acre property. The approval was granted at a public
hearing held on Monday July 13, 2009 and memorialized in Resolution 2009-52, EXHIBIT
E. The conditions of approval adopted by the Board include:
2. This approval shall expire if the Special Use Permit has not been issued within one year of the date of approval
of the application. The Special Use Permit shall expire fifteen (15) years from the date of issuance. If mining
operations have not ceased and reclamation of the site has not been completed to the satisfaction of Garfield
County and the DRMS, the Applicant may request an extension of the permit be granted by the Board of
County Commissioners.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2011, and memorialized that action in Resolution
2010-61, EXHIBIT F.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2012, and memorialized that action in Resolution
2011-43, EXHIBIT G.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2013, and memorialized that action in Resolution
2012-38, EXHIBIT H.
1
5 -Mile Ranch Gravel Pit Extension
September 8, 2015
The Board approved a two-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2015, and memorialized that action in Resolution
2013-45, EXHIBIT I.
Conditions of approval required by the Board have not yet been satisfied therefore the
Applicant has requested a fifth extension to allow for an additional one-year period of time
to satisfy the conditions of approval, until July 13, 2016, EXHIBIT C. Pursuant to §4-101 I.
of the Unified Land Use Resolution of 2008, as amended:
I. Extension of Approval.
Prior to the expiration of a Land Use Change Permit or Division of Land approval, the
Applicant may request an extension of the expiration date as follows:
1. Application shall be made to the decision maker that issued the original
approval.
2. Extensions of 1 year may be granted for all Land Use Change Permits and
Division of Land approvals, except Final Plats, which are limited to a 90 -day
extension.
3. Requests for longer periods of time, or additional time extensions following
the first extension, shall be made to the BOCC prior to the expiration of the
current approval.
4. If an Applicant fails to request an extension prior to expiration of the
approval, the approval will be void and the Applicant must submit a new
application for the Land Use Change Permit or Division of Land approval.
RECOATION
The Board has the authority to grant extensions to satisfy the conditions of approval of a
land use permit.
SNI
Staff recommends that the Board grant the requested one-year extension to allow for an
additional year to complete the condition of approval required by Resolution No. 2009-52
for the 5 -Mile Ranch Gravel Pit. Should the Board approve this request a Draft Resolution
is included as Exhibit J which would require satisfaction of condition on or prior to July 13,
2016.
2
®lll.iii'°1 3��1�'YMIA KW AAVI�i ' `i 3�L '�k ®I III
Reception#: 771780
07121/2008 09:05,27 AM Jean Alberico
1 of 11 Rec Fee$0,00 Dor, Fee:0.00 GARF1ELO COUNTY CO
STATE OF COLORADO
County of Garfield
)
)ss
EXHIBIT
e
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 13th day of July A.D. 2009, there were present:
John Martin
Mike Samson
Tresi Houpt
Don Deford
Cassie Coleman
Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-52
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR "EXTRACTION, PROCESSING, STORAGE AND MATERIAL
HANDLING OF A NATURAL RESOURCE" FOR GRAVEL EXTRACTION WITHIN A
±130 -ACRE LEASE AREA WHOLLY CONTAINED WITHIN A ±1,200 -ACRE
PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION AND
STOCKTON RESTAURANT CORPORATION DESCRIBED AS THE SE 1/1 OF THE
SE1I4 SECTION 28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF
THE 6TH PM, GARFIELD COUNTY
PARCEL NO'S# 240932400138; 240932400138; 244706400057; 244706100056;
244512400010;244512300012; 244707200025; 244513100201
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Special
Use Permit request for a "Extraction, Processing, Storage and Material Handling of a Natural
Resource" within a property owned by Specialty Restaurant Corporation and Stockton Restaurant
Corporation, Garfield County.
B. The subject parcel is legally described in a deed recorded at Book 1226, Page 677 at
reception number 574813 with the Garfield County Clerk and Recorder and more generally
described as Five Mile Ranch, whose eastern boundary commences at the southwest intersection of
1
®111 Erniatiki*MAITIIM Jii i f iLutvaltmi ®1111
Reception#' 771780
07/21/2009 09:05:27 RM Jean filberico
2 of 11 Rec Fee:$0.00 Doc Fee,0.00 GARFIELD COUNTY CO
County Road 300 and State Highway 6 & 24 south of Parachute, CO in unincorporated Garfield
County.
C. The subject property is within the Agricultural Residential Rural Density (AJR/R/D) zone
district, where such use is permitted as a Special Use.
D. The Board of County Commissioners considered the question of whether to refer the
application to the Planning Commission at a public meeting held on January 19, 2009 when the
Board referred for Planning Commission review and recommendation.
E. The Planning Commission held a public hearing on the 25th day of March, 2009 to
consider the application and determine a recommendation to the Board of County Commissioners
upon the question of whether the above-described SUP should be granted or denied, during which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said SUP.
F. The Board of County Commissioners opened a public hearing on the 15t day of June, 2009
and continued the hearing until 13th of July, 2009 when the question of whether the above-described
SUP should be granted or denied was considered, and during which hearing the public interested
persons were given the opportunity to express their opinions regarding the issuance of said SUP.
E. The Board of County Commissioners closed the public hearing on the 13th of July, 2009 to
make a decision regarding the request.
F. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. The above stated and other reasons, the proposed special use permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
2
VIII !Pi NANtiEnti I111.104 ®I III
Reception#' 771780
07/21/2009 09:05:27 AM Jean Riberico
3 of 11 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A Special Use Permit for a "Extraction, Processing, Storage and Material Handling of a
Natural Resource" for a gravel extraction project to be limited to a 1130 -acre lease area on a
11,200 -acre property, (said lease area being described in attached Exhibit A and graphically
shown in the approved mining plan attached as Exhibit B), in Garfield County is hereby
approved subject to compliance with the following conditions:
1. All material representations made by the Applicant and their representatives in the
application or during the public hearing must be adhered to as conditions of approval
unless otherwise stated by these conditions.
2. This approval shall expire if the Special Use Permit has not been issued within one
year of the date of approval of the application. The Special Use Permit shall expire
fifteen (15) years from the date of issuance. If mining operations have not ceased and
reclamation of the site has not been completed to the satisfaction of Garfield County
and the DRMS, the Applicant may request an extension of the permit be granted by
the Board of County Commissioners.
3. The operation of this activity must comply with all local, state and federal
requirements.
4. Hours of Operation related to mining activity shall be limited to 7 a.m. to 8 p.m.
Monday through Saturday with crushing, digging, and heavy hauling allowed from
7:00 a.m. to 6 p.m. allowing for administrative and maintenance activities to take
place until 8:00 p.m.
5. The site is required to comply with the recommendations contained in the Noise
Assessment Report prepared by EDI, Inc. as follows:
a. Noise control methods such as barriers or berms using overburden or stockpiles
may mitigate the noise emissions from stationary equipment;
b. All equipment operated by the Applicant will be fitted with noise control devices
such as mufflers, intake silencers, baffles and screens that are equal to or better
than manufacturer's original configurations.
c. Customer's haul trucks shall not exceed the noise limits listed in CRS 25-12-107.
The Applicant or the Applicant's pit operator may monitor the noise emissions
3
MITI mi. V iliitl gthan itiL 111
R^cepilon#: 771780
07!21!2009 09:05:27 AM Jean Alberico
4 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
of the Customer's haul trucks and prohibit their access to the pit until they are in
compliance with the noise emission limits.
d. All of the Applicant's mobile equipment used at the pit shall be fitted with the
"White Noise" Backup Alanyls that have been installed and adjusted to meet the
requirements set forth by the U.S. Department of Labor, Mine Safety and Health
Administration (MSHA).
6. Prior to issuance of the Special Use Permit copies of the following permits, or
sufficient demonstration thereof, must be submitted to the Building and Planning
Department and said permits must be consistent with the approvals granted herein:
a. Well Permits consistent with the Court Decree of Case No. 07CW88 (including
application for variance approval to the Board of Examiners for Water Well
Contracts) and satisfactory to allow for construction and on-going maintenance of
ponds associated with reclamation of the site;
b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan;
c. State Highway Access Permit, unless the Board of County Commissioners would
change policy and be the applicant for the State Highway Access Permit;
d. Garfield County Road & Bridge driveway permit;
e. The general mining Air Pollution Emission Notice (APEN);
f. The dust mitigation plan Air Pollution Emission Notice (APEN);
g. The crushing and screening equipment (individual) Air Pollution Emission
Notice (APEN);
h. If necessary, an Air Emission Permit related to mining operations that produce
greater than 70,000 tons per year;
i. Process Water and Stormwater Discharge Permits;
j. Construction De-watering Permit.
Any person at any time can call the following agencies directly and request an
inspection if they believe a condition of that agencies permit is being violated:
CDPHE — Air Quality Control 303-692-3150
CDPHE Water Quality Control 303-692-3500
US Army Corps of Engineers 970-243-1199
Division of Reclamation and Mine Safety 303-866-3567
Colorado Department of Transportation 970-248-7000
7. Prior to issuance of the Special Use Permit the Applicant shall submit affidavits from
water, wastewater and waste disposal companies for service compliant with the
approvals granted herein.
8. A Floodplain Permit is required prior to issuance of the Special Use Permit.
9. All operational activities including, but not limited to, office space, employee
parking, fuel storage, sanitation facilities and equipment storage shall be limited in
4
VIII lin PlIhlw l/Mitt MltlCf l fit Jiff t.L ' I it l
Reception#: 771780
07/21/2009 09:05:27 AM Jean AFberico
5 of 11 Rec Fee:$O.00 Doc Fee:0.O0 GARFIELD COUNTY CO
location to that area which is identified on the site plan as the Facilities Area.
10. Pursuant to the recommendation of the Colorado Division of Wildlife on-site refuse
containers must be bear -proof.
11. The site must adhere to the recommendation of their wildlife biologist as follows:
a. Lighting — excessive or night-time lighting is not recommended in order to
allowbig game use of the area;
b. Roads — Minimize fencing along the roads and remove old, non-functional
fences to facilitate movement and retaining walls should minimized;
c. Fences -- specifications and requirement for snow fencing or silt fencing;
d. Landscaping and Revegetation — Since the area is used as winter range and
critical winter range, the reclamation of the site will need to occur using
native plan species and vegetation profiles. Revegetation should occur as
soon as possible with planting in the spring recommended due to big game
having left the area.
e. Dogs — Dogs should be under leash control.
12. In any mining phase, the mined slope length will be backfilled at a minimum of
3H:1V prior to topsoiling and seeding.
13. The amount of mined slope allowed to be present that is not backfilled at any given
time is 1000 feet.
14. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling
is required on all surface areas down to 5.0' below expected water level.
15. Seeding and mulching according to the approved plan will occur on all topsoiled
areas each spring (March 15 -April 15) or fall (September 15 to November 15) no
matter how small the area is.
16. The mining operations shall be allowed to progress so long as the prior phase has
been reclaimed within 6 months after commencement of the new phase of mining
operation. If the reclamation has not commenced in six months, or if reclamation has
not been completed within 18 months, all mining operations on the property shall
stop until the reclamation / revegetation has occurred to the satisfaction of the
County. Completion, including but not limited to top -soiling, seeding, mulching,
sapling planting, and water filling the lake(s) shall be determined by the provisions
contained within the reclamation plan approved by the Board of County
Commissioners.
17. The operator will submit an annual report to the County Building and Planning
5
Mintillet'AVU 117,11411.14M
Reception#: 771780
07(21!2009 09:05:27 AM Jean Rlberico
6 of 11 Rec Fee:S0,00 Doc Fee:0.00 GARFIELO COUNTY CO
Department with GPS measurements shown on a map showing the current
disturbance, w hat areas have been backfilled, where topsoil stockpiles are located,
all site structures, what areas have been seeded, mulched and what is planned for the
ensuing 12 months.
18. The County commits to notifying the operator of any compliance concern and allows
an inspection with site personnel and the designated County inspector prior to
contacting any agency.
19. The County can request a site inspection with one day's notice to the operator. Full
access to any part of the site will be granted. On request, all paperwork must be
shown. The County cannot request a large number of inspections that would interfere
with normal operation without cause.
20. The County will be invited to any bond release inspection of the State Division. of
Reclamation and Mine Safety. The County inspector will have the opportunity to
demonstrate that any item of the permit has not been complied with and that the bond
should not be released.
21 The Operator acknowledges that the County has performance standards in place that
could lead to revocation of the Special Use Permit if continued violations of the
permit occur over a period of time.
22. The reclamation approved by Garfield County in the Special Use Permit shall be
resubmitted to the DRMS to become the only reclamation plan (tasks / timetable) use
by both the County and DRMS. Additionally, a bond shall need to be calculated to
cover this plan and secured with DRMS to cover its implementation.
23. The Applicant shall provide locations of County listed noxious weeds on a map.
Once the inventory is provided the Applicant shall develop a weed management plan
that addresses all County -listed noxious weeds found on site. This weed
management plan shall be submitted to the County Vegetation Manager for approval
prior to the issuance of the Special Use Permit.
24. Prior to issuance of the Special Use Permit the Applicant shall submit evidence of
insurance for a minimum of 51,000,000 to cover any damages to public and private
property, and Garfield County shall be named as an additional insured.
25. A Berming, Screening and Buffering Plan shall be submitted to Building and
Planning prior to the Board of County Commissioner public hearing on this
application. This information is currently contained in various areas within the
submittal documentation however stair requests one document, entitled as above,
containing the related information.
6
11111KPAVVi,INEIlt11ff1411 WON /1111
Reception#: 771780
07121/2008 09:05'.27 Ari Jean Alberico
7 of 11 Rec Fee:SO.120 Doc Fee:0.00 GRRFIELD COUNTY CO
26. The Resolution and Special Use Permit issued for the RTZ Gravel Pit shall
supersede and replace in its entirety Resolution No. 81-227 which will in effect no
longer be valid.
Dated this aO day of -AA-1-A-1
ATTEST:
VV\
, A.D. 24 0 1 .
GARFIELD COUNTY BOARD OF
COMMI . ION �' S, GARFIELD COUNTY,
COLO
rk of the Board
Upon motion duly made and seconded the for
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TR!✓SI HOUPT
dopted by the
Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
, County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WTINESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
7
Division of Reclamation Mining & Safety
Permit Application
EXHIBIT A
-... o
U
1 RTZ INDUSTRIAL
2 SAND & GRAVEL MINING OPERATION
Ill �- GARFIELD COUNTY, COLORADO
m0
m
lien c a)
rowo
ISI
lrm
Jtwn0
�'oo
a -=No°
--UM.
0Wil 610
2 tit7Ha
•
6.4.1 EXHIBIT A - Legal Description
A PARCEL OF LAND SITUATED IN SE1/4SE1/4 OF SECTION 28 AND IN SECTION 33, TOWNSHIP 7
SIXTHSOUTH, RANGE 96 WEST OF THE COUNTY
STATE
OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A BLM CAP IN PLACE, THE
POINT OF BEGINNING; THENCE S00°01'55"E ALONG THE EASTERLY BOUNDARY OF SAID
SECTION 33 A DISTANCE OF 1,369.44 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S17°45'22"W ALONG THE WESTERLY RIGHT-OF-WAY OF UNA ROAD A DISTANCE OF 1,065.87
FEET TO A POINT IN THE CENTER OF THE COLORADO RIVER, AS DEFINED IN BOOK 602 AT
PAGE 964 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID
CENTERLINE AS DEFINED, N69°04'13' W A DISTANCE OF 1,170.74 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S85°15'21"W A DISTANCE OF 324.97 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S59°20'30"W A DISTANCE OF 316.71 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S48°53'02' W A DISTANCE OF 337.31 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S20°46'48"W A DISTANCE OF 328.61 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S11 °57'01"W A DISTANCE OF 859.10 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S64°03'25"W A DISTANCE OF 1,512.73 FEET; THENCE LEAVING SAID
CENTERLINE N55°52'00' W A DISTANCE OF 326.96 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD; THENCE N34°08'00"E ALONG SAD
SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 2,309.28 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC DF A CURVE TO THE RIGHT HAVING A RADIUS OF 3,080,15
FEET AND A CENTRAL ANGLE OF 07°48'48", A DISTANCE OF 420.03 FEET, (CHORD BEARS
N37°12'54"E A DISTANCE OF 419.70 FEET) TO A POINT ON THE NORTH -SOUTH CENTERLINE OF
SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N00°19'12"W ALONG SAID
NORTH -SOUTH CENTERLINE A DISTANCE OF 73.67 FEET; THENCE LEAVING SAID CENTERLINE
AND CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 2,815.06 FEET AND A CENTRAL ANGLE OF 12°14'22", A DISTANCE OF
601.36 FEET, (CHORD BEARS N48°41'42"E A DISTANCE OF 600,21 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55°08'54"E A DISTANCE OF 98.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55°29'00"E A DISTANCE OF 2,142.73 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY N87°19'01"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 94.82 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT-OF-WAY
N55°29'00"E A DISTANCE OF 299.37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID
SECTION 28; THENCE LEAVING SAID RIGHT-OF-WAY 501°57'23"E ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 157.92 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 130.558 ACRES, MORE OR LESS.
Division of Reclamation Mining & Safety
Permit Application
MINE MAIN ENTRANCE
RTZ MINE
LATITUDE - 39°24'02"N
LONGITUDE -108° 6'17"W
DATUM - NAD 83JWGS84
1111 16. rACitt 'CIRLIIiii 31 III
Receptiontt: 771760
07/21/2009 09:05:27 RM Jean Alberico
9 of 11 Rec Fee:$0.00 Doc Fee:D.00 GARFIELD COUNTY Co
X
a
NOTESI
L. TOPOOPSAPIGN. 2CNTOUR9 WERE IFROM MICK PAOTOGAWMY TM3E1. MMUS[B. MT aSEP1ENOr:R
10 INC DATA WS 010VM
PR0
CEC SYMP.: AICING. 00,
2.1HENPP:ITNeNTE SEM OFTHEMINED ME LT 22 Seer VAN LP LY 51I0 ROPES,ME OINiMYM1OO. TO
1:1 SLOPES.ORIIECOVCRT TO PENS 4211 M, SLOPESYAIEAE APAL1I AL. O'+ERBUP0 F051L010F90N.
s 23(!03, 93 USW rct SCREE2000M 6 APO SOUNV AMPS Pahl BE REnnt:E.DOVtnCFOR1PEFSM 100
0 C. PRAS611e20 p GCA EMTE IM SCREEMNG DEM. 0101000 DEWS FORT52PIT SOLNDMST,
WE 8000 TWIN BESFYIRATEO TROP THE 26 .0019004A140W.AM THE BEAUS, Ai0A00 FTPSE18
RECNASEO TOPMNL WILL 001. 0 01. 000•11/12 We. TLE BEPM5 YM1L BE REOUDD DV 10090. SUPPUEU
ST S2WPPING PUTUAE POSES.
A. RESERIT 0LN000 THE PAOPEII1Y WV AUYER Of 0,2ABOA>RN 00 ReunvetY NWIOGENWSSANSAND
N000TN.4TNV 10EP0Arr. 04,-0E0 10 _
].ACCAPO RECLPAGE. TA? MU MIL& CP rAanTE0 Oa ESS TO OXBAGO2CG PESOVRCE. P0AIPED NATER NRA at 0012010/ ErnTEAwD TO ASWPMEAVF1ER3Oi0
00500RCE SUAVEST IN SUMP MEN FOR Oi5CLvALOS TOOE1ENTNNA 20210 010`000' PEKE WON PEAABI6
FROM 00042 AGENCIES. (£A COLORADO OC9N1MENT Or -PSALM B ENVRCTSIOP,NAIIOw190.010'0$
Cl90IA O;e 11 u iNAT 1011 SYSTEM. NMT CORE 0r CNOINE ERS MD 010210.0 00111471.,)
w0EW1LMO( CaoC 0P4AATOR TALL USEMTEANAL020.100401. Pus. ROVES TOP CN AWES
PIAT WLLA%5 EW W100041YYRM WISPS FAST,0000 A01900 1T
T. TOTAL SURPACE MBA2U01EL'T TO MPED IANO RECUMATON PE RMOTETS.ASSLUSTMTE01510.T ACRES
CSAIaTAU CEPEPA1S0 MCP
PNT]C1CWW.Nerr PERV 1IC OPTRATOR NA ERNE TONEIMLT PEAT..APOIPL SEAMS2VAPPO A220 SOW) 1On1YL112-aATN004
SLOPE
V. r11000WE001BASSUSCA MASM AR£COVERY (00BPOSIT ANO 160.000 TONSnEM LOMB!
0E20O12.AGTUAIMMOCT001•000210 M0MI0/I0B02IE0Ul0 MAYYMY,
1041200 0001ATE11003*20 IG WALLS SHALL ROOM NRAG1 TOB THE OUMLION OF MAWS.
11. PECEPPAWDN 2011011 TO INS E0TRA01100 CF 2AA0 NDOMYELOF 110M:NY PHASE,
TNG CST MBE 2219E PALL BD AEQA0E010 ME LAE, AND 01TAOES0H0080
04IAE ALf1NA5nON0 AMNG. BOOM. 0140020„ ANDMULCNB+O WRMMO
wt6E0l 100 AT SEED MEOW OUNNE0 M2142 REQ2.NA1102. POP YA
00NGOE BATH TPA A0A10ABA\E 0R0YNC SEASON.
/
MPG. • ROSSSECTKNOPSOUBDOMPENEO MEWS
11,2100 E2G1010142040E of SNL
=^•
CEY/ATERS1RE0KCCM
OCCM
InICPAP£0 UNDER 211E SVP200112A21 02:
NAME
mit
GARFIELD COUNTY ASSESSOR
2609-324-00-138
PROPERTY LEASE & APPLICANT:
RTZ INDUSTRIAL LLC.
1011 GRAND AVENUE
GLENWTOOD SPRINGS, CO 81601
PROPERTY OWNER:
SPECIALTY RESTAURANT
CORPORATION & STOCKTON
RESTAURANT CORPORATION
DATE
TTAL1, 001
f. $AA1PUNG POINT
ALM
606sos°
QaG,\\ - �ge�
IL °°' ad k'.
2�;c0(''' HOC
c.' AREA
•
(PIE
02x901
3/12152
0NP,¢0 MQwAUW to,
11'."11r
IT'.471.7:Myf
Pit
LIMITS
•
?RCM Err RTZ PIT BOUNDARY
IIIYT{)L3d. TOTAL AREA 40.7
3.558 Acres Aeres
"gr
wat
Sr
-r
TAZ
Mining Plot)
SCALE:
2009
I" • %NS
DRAW et C1100 OY:
ftsfc
ADP() 8,1
739
500071
.1 Or 4
OrrA.N0:
SCE r001317
937 Hil'afiERS
PTA.POTT'r
EXHIBIT B
• . I
1 1
EXISTING RAILROAD
EDGE OF WATER SURFACE
OVER HEAD POWER ONE
At TELEPHONE
200orrsu or RIZ PIT EINOY
RTZ PROJECT BOUNDARY
RTZ P13 BNORY
EXISTING veETLANOS
. .........
PERMANENT SEED IAIX
GRAPHIC SCALE
1
TM)
:•41‘ • SSO Ii
RTZ Industriol LLC
ZANCANZ- I A ANO ASSOC/A ,7:5; /NG7
/717/73 --
nos, Orn09 oat map. - •O" 0.3 •,f•vi
0.7330890 S09N09, 80103400 93000 040.-700
1111 Tini,017,1+171/A ISTA
111110, p1'111i 4drif ilf i Vilfi.I0l111.4.11111
Reception#: 789881
08/11/2010 08:23:19 RM Jean Alberico
1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STA FE OF COLORADO
County of Garfield
)
jss
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 2'" day of August, 2010, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tresi Haupt , Commissioner
Deborah Quinn , Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2010-61
A RESOLUTION CONCERNED WITH EXTENSION
O�S� �DiI,IONAL ONE-YEAR A SPECIAL USE FOR THE RTZ GRAVEL NT, TO ALLOW
SATISFY CONDITIONS OF APPROVAL. THE STI•E IS OWNED BY SPECIALTY
RESTAURANT CORPORATION AND STOCKTON RESTAURANT
CORPORATION AND LOCATED AT THE INTERSECTION OF CR300 AND SH 6,
SOUTHWEST OF THE TOWN OF PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445.424-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On 2r' day of August, 2010, the Board of County Commissioners opened a
public meeting upon the question of whether to grant a one-year extension to satisfy the
conditions of approval for a Special Use Permit approved on July 13, 2009. The Board
considered whether the requested extension should be granted, granted with conditions,
or denied at which meeting the public and interested persons were given the opportunity
to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on the 2nd day
of August, 2010, and acted on the basis of substantial competent evidence produced at the
aforementioned hearing.
3
BM In 111111i4,M1'11111
Reception#: 789881
08/11/2010 08:23:19 RM Jean Rlberico
2 of 3 Rao Fee:88.00 Doc Fee:0.00 GARFIELD COUNTY CO
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural. Resources" for the RTZ Gravel Pit was conditionally
scribed lll the document
proved on
July 13, 2009 under Resolution No. 2009-52 for real property
recorded at Reception Number 574813 in the records of the Clerk and Recorder, Garfield
County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and the Condition 2. of Resolution 2009-52, the approval was effective for a
period of one year, with the allowance for the applicant to request an extension of one
year to complete conditions of approval.
F. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the deadline to satisfy conditions of
approval for one year, to July 13th, 2011.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a one-year extension for the Applicants to satisfy
the conditions of approval contained in Resolution 2009-52.
Dated this R1:17- day of
A.D. 2010.
1111 In VANtrialkhl 14OVI `VLIA1,11411141
Reception#: 789881
08111/2010 08:23:19 AM Jean Aiberioo
3 of 3 Rec Fea:$0.00 Doc Fee:0.00 GPRFIELO COUNTY CO
AI FEST: GARFIELD CO
COUNTY, COLORADO
lerk of the Board
OF COMMISS
GARFIELD
Upon motion duly made and seconded the foregoing
following vote:
John Martin
Mike Samson
Trrsi Houpt
STATE OF COLORADO
County of Garfield
)ss
)
, Aye
, Aye
, Aye
I , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2010
County Clerk and ex -officio Clerk of the Board of County Commissioners
1111 1 LJ',F,ieWi L L IrEIWCIOYMI L41I11 11 II
Reception#: 808857
08/1612011 09:33:12 RM Jean Alberlco
1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
)
)ss
1
EXHIBIT
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 8th day of August, 2011, there were present:
John Martin
Mike Samson
Tom Jankovsky
Drew Gorgev
Carey Gagnon
Jean Alberico
Ed Green (absent)
Commission Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 011-4 3
A RESOLUTION CONCERNED WITH THE SECOND EXTENSION OF A SPECIAL
USE PERMIT FOR THE RTZ GRAVEL PIT, TO ALLOW FOR AN ADDITIONAL
ONE-YEAR TO SATISFY CONDITIONS OF APPROVAL. TIIE SITE IS OWNED
BY 5 -MILE RANCH, LLC AND IS LOCATED AT THE INTERSECTION OF CR300
AND SH 6, SOUTHWEST OF THE TOWN OF PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. One the 8th day of August, 2011, the Board of County Commissioners. opened
a public meeting upon the question of whether to grant a second one-year extension to
satisfy the conditions of approval for a Special Use Permit approved on July 13, 2009.
The Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on the 8th day
of August, 2011, and acted on the basis of substantial competent evidence produced at the
aforementioned hearing.
3
111 FL moiler HA,M / 1111
Reception#' 806657
09!1812011 09:33:12 AP Jean alberico
2 of 3 Rec Fee:SC.00 Doc Fee:0.00 GARFIELD COUNTY Co
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
F. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2012.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. -The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a _Special Use Permit was made
Consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
andcomplete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a second one-year extension for the Applicants to
satisfy the conditions of approval contained in Resolution 2009-52 until July 13,
2012.
1111 FAVVIIFING 16414111171110121Kiliii /1111
reception#: 806657
B62R.@ADJe0rR3of3ec Fee$pOuoFe:.00GPFIELD COUNTY CO
Dated this (G-. day of u. , A.D. 2011.
ATTEST: GARFIELD COUNTY B
COUNTY, COLORADO
Upon motion duly made
following vote:
John Martin
Mike Samson
Tom Jankovsky
Aye
Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
1, , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2011
County Clerk and ex -officio Clerk of the Board of County Commissioners
1111riragefiinwihm 11 111
Reception#: 818705
06!1612012 11:03:14 Aft Jean Riberico
1 of 3 Rec Fee:$0.00 Doc ree:0,00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 14th day of May, 2012, there were present:
John Martin , Commission Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Drew Gorgey , County Attorney/Acting County Manager
Carey Gagnon , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. ‹201a- 3V
A RESOLUTION CONCERNED WITH GRANTING A ONE-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MAI ERIAL HANDLING OF A NATURAL RESOURCE" FOR THE RTZ GRAVEL
PIT. THE SITE IS OWNED BY 5 -MILE RANCH, LLC AND IS LOCATED AT THE
IN 1•ERSECTION OF CR300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. On the 14th day of May, 2012, the Board of County Commissioners opened a
public meeting upon the question of whether to grant a third one-year extension to satisfy
theconditions of approval for a Special Use Permit approved on July 13, 2009. The
Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on 14th day of
May, 2012, and acted on the basis of substantial competent evidence produced at the
aforementioned meeting.
1111 MAI 11111
Reception#: 818708
06/15/2012 11:03:14 RM Jean Alberico
2 of 3 Rep Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2013.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
sso+affi�kt��iM���Ur L�oougGl�I �r�c���41�a 11111
Reception#: 818708
05/1512012 11:03:14 AM Jean Riberico
3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a third one-year extension for the Applicants to
satisfy the conditions of approval contained in Resolution 2009-52 until July 13,
2013.
Dated this % / day of `rrt ur A.D. 2012.
ATTEST: GARFIELD COUNTY ; COMM
• :),
IO •
• s •
•
ad i. yr a-
rk of the Board '! at6•
COUNTY, COLORADO
NERS, GARFIELD
Chairm
Upon motion duly made and seconded the fore going " esolution w . s adopt • y the
following vote:
John Martin
Mike Samson
Nay
Nay
Tom Jankovsky ,(Ayey Nay
STATE OF COLORADO )
)ss
County of Garfield )
I; , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2012
County Clerk and ex -officio Clerk of the Board of County Commissioners
1111 h'rrh 11411:14114V06.10Viii. 411 'i Tln Ai 11 11 1
Receptionif: 838003
07/15/2013 03.57.54 PM Jean Alberico
1 of 4 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 15th day of July, 2013, there were present:
John Martin , Commission Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Fred Jarman , Acting County Manager
Frank Hutfless , County Attorney
Carey Gagnon , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. x013 —'45
A RESOLUTION CONCERNED WITH GRANTING A TWO-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE 5 -MILE
GRAVEL PIT. THE SITE IS OWNED BY 5 -MILE RANCH, LLC AND IS LOCATED
AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. On the 15th day of July, 2013, the Board of County Commissioners opened a
public meeting upon the question of whether to grant an additional one-year extension to
satisfy the conditions of approval for a Special Use Permit approved on July 13, 2009.
The Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on 15th day of
July, 2013, and acted on the basis of substantial competent evidence produced at the
i4111
Recep€ion#: 838003
07115/2013 03:57:54 PM Jean Alberico
2 of 4 Rao Fee -$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
aforementioned meeting.
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2013.
J. The Board of County Commissioners held a public meeting on May 14, 2012 to
consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2013. The approval of the one-year extension is
memorialized in Resolution 2012-38.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2014.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
III El11%MIN: �l 41 �1,# � 111 ii 1
Reception#: 838003
07/15/2013 03:57:54 PM Jean Alberico
3 of 4 Rec Fee $0 00 Doc Fee•0.00 GORFIELD COUNTY CO
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a fourth extension for a period of two years to
enable the Applicants sufficient time to satisfy the conditions of approval
contained in Resolution 2009-52, until July 13, 2015.
Dated this / 5 day o
, A.D. 2013.
ATTEST: GARFIELD COUNT OARD OF CO ISSIO; ERS, GARFIELD
COUNTY, COLORADO
lerk of the Board
Upon motion duly m
following vote:
John Martin
Mike Samson
foregoing
--1411111, Chairm.
mon was adopted . y the
Tom Jankovsky
STATE OF COLORADO
County of Garfield
, Ave
, Aye
, Ave
)ss
14R1'OVIFIVirle ROI 11111
Reception 638893
07/15/2013 03.57.54 PM Jean Rlberico
4 of 4 Rec Fee $0.00 Doc Fee,D 00 GARFIELD COUNTY CO
1, , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2012
County Clerk and ex -officio Clerk of the Board of County Commissioners
STATE OF COLORADO
County of Garfield
)
)ss
EXHIBIT
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Tuesday, the 8th day of September, 2015, there were present:
John Martin , Commission Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Kevin Batchelder , Acting County Manager
Tari Williams , Acting County Attorney
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.
A RESOLUTION CONCERNED WITH GRANTING A ONE-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE 5 -MILE
GRAVEL PIT. THE SITE IS OWNED BY 5 -MILE RANCH, LLC AND IS LOCATED
AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. On the 8th day of September, 2015, the Board of County Commissioners
opened a public meeting upon the question of whether to grant an additional one-year
extension to satisfy the conditions of approval for a Special Use Permit approved on July
13, 2009. The Board considered whether the requested extension should be granted,
granted with conditions, or denied at which meeting the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
extension.
C. The Board of County Commissioners closed the public meeting on 8th day of
September, 2015, and acted on the basis of substantial competent evidence produced at
the aforementioned meeting.
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2013.
J. The Board of County Commissioners held a public meeting on May 14, 2012 to
consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2013. The approval of the one-year extension is
memorialized in Resolution 2012-38.
K. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2014.
L. The Board of County Commissioners held a public meeting on July 15, 2013,
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year and the Board granted a two-year extension, until July 13, 2015. The
approval of the one-year extension is memorialized in Resolution 2013-45.
M. In accordance with the Garfield County 2013 Land Use and Development
Code, as amended, the Applicant filed a request to extend the time period to satisfy
conditions of approval for an additional one year, to July 13th, 2016.
N. The Board of County Commissioners held a public meeting on September 8,
2015, to consider a request to extend the timeframe to satisfy the conditions of approval
for a period of one year and the Board granted a one-year extension, until July 13, 2016.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County 2013 Land Use and
Development Code, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Garfield County 2013 Land
Use and Development Code, as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a fifth extension for a period of one year to enable
the Applicants sufficient time to satisfy the conditions of approval contained in
Resolution 2009-52, until July 13, 2016.
Dated this day of , A.D. 2015.
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Clerk of the Board Date Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
John Martin , Aye/Nay
Mike Samson , Aye/Nay
Tom Jankovsky , Aye/Nay
STATE OF COLORADO )
)ss
County of Garfield )
County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2015
County Clerk and ex -officio Clerk of the Board of County Commissioners