HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
SPECIAL USE P E RMI T
Date: lay 28, 1981.
Applicant: ;.2.-
1. Farrie- „ ;2_ T- -
' dgxess of Applicant: _ ~h , 8111 /-// /g
' Specia Use:G ? ��� `�c'7.� ��-.����i�'� /7'71;-)e zt,
c?cr-e S ea,' o 7
Legal Description: CjE %c/ -sem jam®, 5 7-&5/ ,:79 -
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Requirements:
1. Plans and specifications for proposed use.
2. L -e t e-rs--e f-aT r Val -i-4 ii ty-..Bo a „-sewage--a44er . Road access
and other information deemed necessary.
3. A vicinity map drawn to scale depicting the subject property, location and
use of buildings and structures on adjacent lots.
4. Names of owners of record of such lots. Notice containing information
described under paragraph 5 shall be mailed to all owners of record of
lots adjacent at least five (5) days prior to hearing by certified return
receipt mail.
5. Notice including the name of the applicant, description of the subject lot,
a description of the proposed special use and the time and place for the
hearing shall be given in the newspaper of general circulation in that
portion of the County at least fifteen (15) days prior to such hearing time.
Applicant shall borne the cost of advertising.
A.=fee_of_ went -T ive 4^"a° -4W "C) shall be charged for each application
and shall be submitted with the application.
This Special Use Permit is in compliance with Sections 5.03 and 9.03 of the
Garfield County Zoning Resolution and as per application.
List all property owners within 200 feet of subject property lines.
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Attach map showing all improvements (present and proposed) and all pertinent
distances and area. Show all improvements on your property and adjoining
property within 200 feet of your boundary.
The above information is correct to the best of my knowlege.
Applicant
Proof of Publication
Mail Receipts
Fee
Special Use Granted Date: :VIp,y 28, 1,27
Special Use Denied
Reason for Denial
ear p7- a 7e
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Chairman
To accomo date._ ca:r. enpl,
7 1 2,7:C1 iLs;
- - - -
GARFIELD CO. PLANNER
Impact Statement
R.L. Farmer and Sons inc.
K.L.''anise and ons,
Company.
o henceforth as the
The Companies Lntentions adad to oxtrew and gravel
and to operate e , s_<e- ,i - ,
�: ' O. Iatced to
_holtate
on c d .
the property of John Ortiz Smiles oast of Parachute Colo.
SB quartca spa. 37'),
.-.'' p '- ...., ' to
county, 2,'101. _.0001 l'
crusher, to crush with w st
regulatio_.s of 90 decimles
o" cerm2rod will be 13'6".
plant de 20'
Stato,
on the
pit. 2ollowLag
of noise pollution. hoighth
The hight'h of the cemert
_c. Colvd:tly plans on using a minimun of 4 trucks
2 belly':n-Ipsn ...- - C trips oer Cdy, 5 ,ags per week.
_
Bulldozers ft r-0 c -..._ e. ::'r1 L oc 'aced to 1).0,-2L- the
haul road and to removc surface earth -1c- other
-:de-d to 11070 Ch. Trunks rill722'
-'- -
6-24.
The Company has leased 5 acras
piling 2-4' of topsoil, to
one _lay- •
le
:971:y with the width at 24',
to be installe by cempr.. „r,
When the Company is throuvh yitk the dc
1 a ratio of 2;1 (horizontal to
vertic ' .:-sic;
top go---
STATE OF COLORADO Rar,.ARn
DEPARTMENT OF NATURAL RESOURCES
0. Mame Pascoe, Executive Director
•mn
MI] ED LAND RECLAMATION
423 Centennial Building, 1313 Sherman Street
Deriver. Calorado 80203 Tel. (303)866-3567
MEMORANDUM
David C. Shelton
Director
DATE: J U At 6/ 1981
TO:
MIP, Pcat ,egitlwin) Gaon41 PAannin7 6irectcn
U?c. aux 621c, C- kitwo.-d Spt a?5, Co%- €161
FROM: „Q3,, Lccn, Re_cr/.cty, tion Sce_cjct//5t
Pursuant to the requirement of the Colorado Mined Land Reclamation Act*
to inform counties and certain municipalities of Development and Extraction
Permit applications filed with this office, please ictow that A,L, FruloN.rj1
f o
SnD Chas filed to conduct a034241 mining
mining
ac Section .3S /w..n3Ai3 6 Ntt '�c n .P FS
The applicant proposes to reclaim the site for C€.5 e/'Vofr . The
deadline for persons to file statements regarding this operation, or to
petition for a hearing before the Mined Land Reclamation Board to consider
the granting of a Permit is set by law; for information please call this
office.
The applicant is obligated to show that the proposed mining and reclamation
plans are in conformance with local zoning ordinances, subdivision regula-
tions, or master plan, and is further required to place a copy of the appli-
cation for public inspection with the Clerk of the county in which the
proposed mine is situated. It is the Board's understanding that the Act
intends for the application to be made available for public review and
comment in an area close to the mine; it is not intended that it be rade a
part of public record by recording.
The pard is tentatively scheduled to consider this application on
26/x7 /78/
We appreciate your cooperation in this matter and will be happy to answer
any questions.
I,I I
Ul
JUL 091981
GARFIELD CO. PLANNER
*Article 32 of Title 34, Colorado Revised Statutes 1973, as,amerded.
Rev. 9/80
/645€ S cel
coL&i09
OPTION At;I:FiC'1J 'T 'f0 IRDS SAND AND GRAVEL MA9'IiRI.AI.
AGREEMENT made and entered into this 26th. day of May, 1981,
by and between JOHN A. ORTIZ, ;ihosc address is Y.O. Box 303, Parachute,
Colorado 81635, hereinafter referred to as the "Owner and R. L. FARMER
d SONS, whose- address is P.O. Box 58, Placerville, Colorado, hereinafter
referred to as "Contractor", WITNESSETH:
WHEREAS, Contractor desires to obtain sand and gravel construction
materials from a portion of the lands owned by Ortiz in Garfield County,
Colorado and more particularly described on Exhibit attached her
and i. ncorporated herein by reference; and
WHEREAS, Owner is willing to sell such sand and gravel materials
to Contractor upon the terms and conditions herein set forth;
NOW, THEREFORE, for and in consideration of the premises, the
monetary consideration to be paid Owner by Contractor as hereinafter set
forth, and the mutual covenants and agreements herein contained to be kept
and performed by the parties hereto, the parties hereby agree, covenant. and
promise as follows:
1. Contractor shall have the exclusive right from the date when all
appropriate permits are obtained for excavation, for a period of two (2)
years to purchase and remove from a tract of land not exceeding 5 acres
in area within the real property of Owner described on Exhibit "A" sand
and gravel materials of a quality and quantity satisfactory to Contractor
for use on construction projects.
2. Contractor shall pay to Owner for such sand and gravel materials
excavated and stored or removed from said 5 acre parcel of land, a sun: of
money equal to the number of cubic yards of sand and gravel materials
so excavated and stored or removed times $.28, or the going rate for un -
mined gravel in this area if such rate is in excess of $.28 per yard.
Said payment will be made within thirty (30) days after Contractor obtains
a sale for said materials.
3. Before distributing any portion of the Owner's ground or
commencing operations of any kind on Owner's property, Contractor shall
prepare a "Plan of Operations", including specifications and mapping details,
which must be approved by the Owner in advance and in writing. The Owner
-has the exclusive right to determine the exact location of the area from
which (.,, r.trect er moi exCInd store or remove sand and gravc_1 materials,
as well as all other dotaiis ;f Contractor's operations.
It is further
agreed that Contractor shall construct a fence in such a manner across the
outl
ide of Owner'_: property to help eliminate the possibility of Owner's
uhil:iren playing in or about the gravel opera t ions. The parties agree,
however, that the gate on said fence may be left open during active gravel
operations and in particular when gravel is being hauled.
4. Contractor at his expense shall construct alltemporary access
roads in such locations as Owner shall have approved in advance, and shall given
the Ow:ne-r the ris]t to use such roads and access ways to the extent Owner desires.
Contractor shall have the right of ingress and egress over such access way
to and from the acreage from which the sand and gravel materials wi11 be
roniovcu. Contractor has the right to construct any temporary structures
and to employ any reasonable method for removal of said materials.
5. At the end of the term of this agreement, Contractor shall
remove all of its personal property and temporary structures, and shall leave the
property affected by Contractor's operations including all access ways in a
condition as reasonably the same as they were in prior to the execution of
this Agreement, except for the mined area.
6. From and after the date hereof, Contractor agrees to save and hold
harmless the Owner from, and to indemnify Owner against, any and all claims,
demands, liabilities, damages, lawsuits, expenses, costs, attorneys' fees,
liens for laborers and labor and materials, and indebtedness of any kind
or nature whatsoever arising out of, or in any way connected with or related
to, the performance or nonperformance of Contractor's obligations hereunder
and the conduct of Contractor's activities upon Owner's premises. Contractor
shall fully protect Owner from and shall hold Owner harmless from and indemnify
Owner against, any and all damages, death or injuries to persons or property
arising out of or in any way connected with or related to the conduct of
Contractor's activities or the performance or nonperformance of Coutrartor's
obligations under this Agreement.
7. The parties agree that if the said land is sold, this Lease
shall remain effective and binding upon any purchaser for the term hereof
and any extension hereof.
8. All processed material shall remain the property of Contractor
without charge for storage until sold, but such material shall not be stored
for longer than two (2) years after expiration of this Agreement or any
extension hereof.
9. Owner hereby grants and give to Contractor the right and option
to renew this Agreement upon such terms and conditions including the amount
of money paid to Owner by Contractor for the excavation and removal or storage
of such sand and gravel materials, for an additional two year period to commence
at the end of the primary term of this Agreement. Contractor must exercise
such option by giving notice thereof in writing to Owner by no later than
sixty (60) days prior to expiration of the initial term.
10. The parties further agree that Contractor shall be responsible
for obtaining all permits which rnav be necessary or required for removal
of said 'sand and gravel.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
handsand seals this 26th. day of May, 1981.
OWNER:
0 . (0I
John A. Ortiz
CONTRACTOR:
R. L. FARMER & SONS
/j
By t) Z2t =r—
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
Subscribed, sworn to and acknowledged before me this 16 ae., day of
May, 1981, by John A. Ortiz.
Witness my hand and official seal.
My commission expires: 45-.31-e/
(Seal)
STATE OF COLORADO )
aan Mi gel )
COUNTY OF 0ARF'9 )
SS.
Notary ublic
Subscribed, sworn to and acknowledged before me this 29th. day of
May, 1981, by
H. L. Farmer
of R. L. Farmer & Sons.
Witness my hand and official seal.
My commission expires: 1-23-83
EXHIBIT "A"
All that portion of Lots 1 and 3 of Section 35, Township
6 South, Range 95 West of the 6th Y.M., situate Southerly
of the right-of-way of The Denver and Rio Grande Western
Railroad Company, in Garfield County, Colorado, excluding
any and all "meanderland" owned or claimed by the Owner in said
Section 35.
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