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HomeMy WebLinkAbout08498ORDINANCE NO. 8498 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY, COLORADO CONCERNING CONVEYANCE AND ANNEXATION OF LIME ROAD AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement dated July 9, 2012 between Pueblo County, Colorado ("County") and the City of Pueblo, a Municipal Corporation ("City") concerning the conveyance of Lime Road and its planned annexation into the City, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. This Ordinance shall become effective upon final passage and approval. INTRODUCED: July 9, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: Ju;y 23, 2012 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM # S-3 July 9, 2012 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY, COLORADO CONCERNING CONVEYANCE AND ANNEXATION OF LIME ROAD AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve the Intergovernmental Agreement with Pueblo County concerning conveyance of Lime Road to the City and its annexation into the City? RECOMMENDATION Approve the Agreement. BACKGROUND In connection with the development of the St. Charles Industrial Park, Filing No. 1 and the economic development project for Rocla, Inc. (“Rocla”), City, County and Board of Water Works staff have worked cooperatively in order to enable Rocla to develop its facility in an expeditious manner, while meeting the City’s overall planning and development objectives. This Ordinance would approve an IGA with Pueblo County under which Pueblo County would convey the land underlying the Lime Road right of way from the current City limit west of the Union Pacific Railroad tracks to the south corner of the east property line of the Rocla plant site. It also provides for the County to construct a new railroad crossing for Lime Road and to enforce provisions of its Special Use Permit with GCC of America, Inc. regarding GCC paying for required improvements to Lime Road. The IGA also requires the City to initiate annexation of the land into the City; provided, however, that because annexation is a legislative decision by City Council, the IGA cannot and does not contractually require annexation. Nevertheless, it is the City’s plan that the annexation be completed, which will also, coincidentally, enable the Board of Water Works to extend a water main to serve Rocla without incurring the potential delay that County 1041 permitting could cause. FINANCIAL IMPACT Up to $100,000 of the cost of improvements for Lime Road, if necessary, were appropriated and previously authorized by City Council to be paid from the 1992-2016 Sales and Use Tax Capital Improvement Projects Fund in connection with the Rocla project. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into effective this 9 day of July, 2012, by and between Pueblo County, Colorado, a body corporate and politic hereinafter referred to as "County" and the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City" both of which may hereinafter referred to as the "the Parties" and each of which may be referred to as a "Party ". RECITALS A. The City and the County are political subdivisions of the State of Colorado as that term is defined in C.R.S. 29 -1 -201, et seq. which expressly authorizes and encourages political subdivisions to cooperate and contract with one another to provide facilities and services as permitted by law. B. City has determined and represented to the County that it intends to foster and encourage the development of an industrial park in an area immediately east of Interstate 25, south and west of the Comanche Power Plants, and north and west of a County Road known as Lime Road. C. The City has encouraged the location of the Vestas Towers America, Inc., plant ( "Vestas ") in the area just north of Lime Road and east of Interstate 25 and the soon to be constructed Rocla, Inc. plant ( "Rocla ") in the same area. The City has also acquired certain lands and annexed certain portions of this area as part of its plan to allow for the development of the industrial park. D. The City has previously annexed a portion of Lime Road within the Vestas Annexation area just east of Lime Road's conjunction with Interstate 25 along the southerly portion approximately 4,900 feet. County has previously required the improvement of a portion of Lime Road from its conjunction with Interstate 25 east to the cement plant owned and operated by GCC of America, Inc. ( "GCC "). As a condition 1 of its Special Use Permit granted to GCC, the improvement of Lime Road was required and it was further agreed by the County and GCC that the required improvements would be installed in two (2) phases. Phase One of the improvements has already been concluded with funds advanced by GCC from Interstate 25 along Lime Road to a point near the entry way of the Vestas Plant. Phase Two of the required improvements to be paid by GCC pursuant to its Special Use Permit with County, calls for the realignment of Lime Road as it proceeds from the end of the Phase One improvements east across railroad tracks owned and operated by the Union Pacific Railroad and by the BNSF Railroad to a point east of the entrance way to GCC's Plant. E. The County has received preliminary approval of a Grant of funds (the "Grant ") from the State of Colorado for the construction of the new at grade crossing which will extend across the railroad tracks where it is planned to connect to a new realignment of Lime Road as it extends east to an area just beyond the planned entryway to the ROCLA site, as shown on the drawing attached hereto as Exhibit C. F. The County is pursuing agreements with each of the railroads which will allow for the new at grade crossing and in consideration of which Pueblo County will abandon in favor of each railroad the existing easements across the tracks at the current crossing south of the new planned crossing. The agreements have not been signed but the same are in process. The Grant funds will allow for the construction of the new crossing which will coincide with the Phase Two Lime Road improvements previously agreed to be paid for by GCC in fulfillment of the terms and conditions of its Special Use Permit. G. The City has annexed the site on which the Vestas plant sits and has also annexed the site on which the Rocla plant will sit and the City plans further annexations in pursuit of its overall plan to foster the development of an industrial park in this area. H. Lime Road as currently constructed and as is to be realigned is for the time being the principal means of access to and from Vestas, Rocla, and other sites in the area. 2 I. The City desires to obtain title from the County to the land across which Lime Road runs from the City limit line just west of the Union Pacific Railroad on the west to the south corner along the east property line of the Rocla plant site. The City further desires to then annex such land in the planned new configuration of Lime Road into the City. J. The City and the County wish to cooperate and enter into an Intergovernmental Agreement to provide for the transfer of the land owned by the County which comprises and will comprise the Lime Road right -of -way between the points described in Recital I and depicted on Exhibit C; the City intends to complete the annexation of the land transferred after such conveyance into the City of Pueblo. NOW, THEREFORE, for and in consideration of the foregoing, and of the mutual promises, covenants, terms and conditions contained herein, City and County agree as follows: I. OBLIGATIONS OF COUNTY A. TRANSFER OF LAND TO CITY. Immediately upon the approval and execution of this Agreement by both parties, County shall take all such steps as are necessary to and shall transfer to City by Special Warranty Deed the land which comprises Lime Road in its current configuration as it extends from Interstate 25 east to the railroad tracks and shall further transfer the land which will comprise the road after it crosses the railroad tracks and extends to the east. A true and accurate description of the land which will be transferred by the County to the City is set forth on Exhibit A attached hereto and incorporated herein by this reference. B. NEW RAILROAD CROSSING. County will continue to pursue to its conclusion the receipt of the Grant from the State of Colorado for the construction of the new railroad crossing and upon receipt of such funds and upon the execution of the appropriate agreements by each of the railroads for the new crossing area County shall 3 arrange for through its usual bid process in conjunction with each of the railroads for the construction of the new at grade crossing. In the event that the Grant funds are not made available to the County, County shall continue to pursue the new rights -of -way for the new crossing and further to require payment for the construction of the at grade crossing by GCC pursuant to the conditions of the Special Use Permit issued by the County to GCC for construction of its cement plant south of Lime Road. C. CONTINUED OBLIGATION OF GCC RIO GRANDE. County agrees to continue to enforce the terms of its Special Use Permit No. 1999 -002 granted to GCC which conditions require the improvements to Lime Road. A copy of the Special Use Permit granted to GCC by the County and a copy of each of two letters which detail the agreement between Pueblo County and GCC for the reconstruction and realignment of Lime Road in two phases is attached hereto, labeled Exhibit B and incorporated herein by this reference. It is the expectation of Pueblo County at the current time, based upon the representations of GCC representatives, that the funds for the Phase 2 Lime Road Realignment and Improvements will be available and provided to the County in the first quarter of year 2013. In the event that GCC agrees with the City of Pueblo to annex the lands comprising its cement plant into the City then County agrees to assign to City such rights and /or funds as it has from GCC regarding the construction and realignment of the Phase 2 portion of the Lime Road improvements. 11. OBLIGATIONS OF CITY A. ACCEPTANCE OF TRANSFER. City agrees to accept the transfer of the land comprising existing and to be realigned Lime Road as is set forth in the previous section of this Agreement and further to incorporate the same into the City Road and Street system. B. ANNEXATION. Within 45 days after the transfer and acceptance of the real property as is referenced herein from the County to the City, City agrees to initiate steps as are necessary to annex the lands transferred into the City of Pueblo. Such 4 annexation will only include that portion of the lands transferred from County as have not been previously annexed into the City. Annexation is a legislative decision to be made by the City Council of City, and City does not hereby, and cannot, guarantee or promise that annexation will occur. III. OTHER PROVISIONS A. TERM. The term of this Agreement shall commence on the date first set forth herein and shall end upon the annexation of the property into the City and the completion of the Phase 2 Lime Road improvements. B. LIABILITY EXPOSURE. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, C.R.S. 24 -10- 101, et seq., by City or County. C. COMPLETE AGREEMENT. This Agreement constitutes the complete agreement on the subject hereof and supersedes and replaces all prior oral and written understandings and /or agreements of the parties on the subject hereof. D. GOVERNING LAW. This Agreement and the rights and duties of the parties shall be construed and interpreted and enforced in accordance with the Laws of the State of Colorado. E. MODIFICATIONS. This Agreement may not be modified or amended in any manner by either or both of the parties unless the same is set forth in a written agreement making reference to this Agreement and signed by the parties hereto. No waiver of any of this Agreement's provisions or conditions shall be binding unless made in writing and signed by the Chair of the Board of County Commissioners and the President of City Council. 5 F. BINDING AGREEMENT. When executed by the parties, this Agreement shall constitute a binding Agreement and shall be binding upon and shall inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. Any delegation or assignment of this Agreement or any of the obligations set forth herein by either party without the prior written consent of the other party shall be void and of no force and effect. G. SEVERABLE. If any provision of this Agreement shall be determined invalid, illegal, or without force by a Court of Law or rendered so by Legislative Act, the remaining provisions shall remain in full force and effect. H. WAIVER. Failure to exercise any remedy which either party may have under this Agreement or any other acquiescence by one party, shall not constitute a waiver of any obligation of the defaulting party hereunder. I. NOTICES. All notices required under this Agreement shall be sent in writing by certified or registered mail, return receipt requested, to the parties at the following addresses: If to City: City of Pueblo Attn: City Manager 200 S. Main Street Pueblo, CO 81003 with a copy to: City Attorney 503 N. Main St., Suite 203 Pueblo, CO 81003 If to County: Chairman, Board of County Commissioners 215 W. 10 St. Pueblo, CO 81003 with a copy to: Pueblo County Attorney 215 W. 10 St., Room 312 Pueblo, CO 81003 6 J. NO THIRD PARTY BENEFICIARY. Enforcement of the terms and conditions of this Agreement shall be strictly reserved to the City and the County and nothing contained in this Agreement shall give or allow any claim or right of action by any other party or third person. K. COUNTERPARTS. This Agreement may be executed in two or more counterparts each of which shall be deemed an original but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF the parties have executed this Agreement effective the date first above written. ATTEST CITY OF PUEBLO By: B . o�� � I�/ City Clerk Pr- ident • City Council ATTEST PUEBLO COUNTY, COLORADO Y' By: to the Board, Chair, Board of ounty Com ers c \pueblo county IGA -Lime Road \draft 6 26 2012 7 • A parcel of land located east of the Burlington Northern Railroad right -of -way located in Section 1, Township 22 South, Range 65 West of the 6' P.M., Pueblo County, Colorado, more particularly described as follows: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1; THENCE N07 °40'42 "E A DISTANCE OF 1772.95 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD AS PRESENTLY LOCATED, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: 1. THENCE NO2 °29'26 "E ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 110.83 FEET; 2. THENCE N85 °27'57 "E A DISTANCE OF 202.29 FEET TO A POINT OF CURVE TO THE LEFT; 3. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 595.00 FEET, A DELTA ANGLE OF 44 °13'58 ", AN ARC LENGTH OF 459.35 FEET, WHOSE LONG CHORD BEARS N63 °20'58 "E A DISTANCE OF 448.02 FEET; 4. THENCE N41 ° 13'59 "E A DISTANCE OF 1114.06 FEET; 5. THENCE S48 °46'01 "E A DISTANCE OF 24.26 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF LIME ROAD AS PRESENTLY LOCATED; 6. THENCE S40 °58'43"W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1439.02 FEET TO A POINT OF NON- TANGENT CURVE TO THE RIGHT: 7. THENCE ALONG THE ARC OF SAID NON - TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 705.00 FEET, A DELTA ANGLE OF 16 °47'11 ", AN ARC LENGTH OF 206.55 FEET, WHOSE LONG CHORD BEARS S77 °04'22"W A DISTANCE OF 205.81 FEET; 8. THENCE S85 °27'57"W A DISTANCE OF 215.85 FEET TO THE TRUE • POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE TRACT OF LAND CONTAINS 2.07 ACRES. MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6" P.M., WHICH IS ASSUMED TO BEAR S89 °09'10 "E FROM THE SOUTH QUARTER CORNER OF SAID SECTION 1 (3.25" ALUM. CAP, RLS 31161) TO THE SOUTHEAST CORNER OF SAID SECTION 1 (2.5" ALUM. CAP, LS 10895); and, A parcel of land located west of the Burlington Northem Railroad right -of -way located in Section 1 and 2, Township 22 South, Range 65 West of the 6 P.M., Pueblo County, Colorado, more particularly described as follows: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1; THENCE N01 °11'05 "E A DISTANCE OF 1741.49 FEET TO THE TRUE POINT OF . BEGINNING OF THIS DESCRIPTION: 1. THENCE S85 °27'5TW A DISTANCE OF 716.77 FEET; 2. THENCE SO4 °32'03 "E A DISTANCE OF 15.00 FEET; 3. THENCE S85 °27'57"W A DISTANCE OF 700.00 FEET; 4. THENCE N04 °32'03"W A DISTANCE OF 15.00 FEET; 5. THENCE S85 °27'57"W A DISTANCE OF 5146.47 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 905.00 FEET, A DELTA ANGLE OF 20 °0126 ", AN ARC LENGTH OF 316.28 FEET, WHOSE LONG CHORD BEARS N84 °31'20"W 6. - A DISTANCE OF 314.68 FEET TO A POINT ON THE NORTHERLY RIGHT - OF -WAY LINE OF LIME ROAD AS PRESENTLY LOCATED; THE FOLLOWING FOUR (4) COURSES FOLLOW SAID NORTHERLY RIGHT- . OF -WAY LINE: 7. THENCE N47 °24'19"W A DISTANCE OF 173.34 FEET; 8. THENCE N47 °00'24"W A DISTANCE OF 158.00 FEET; 9. THENCE N46 °48'06"W A DISTANCE OF 154.16 FEET; 10. THENCE N44 °52'34"W A DISTANCE OF 81.02 FEET; 11. THENCE 549 °0320 "E A DISTANCE OF 149.99 FEET TO A POINT OF NON - TANGENT CURVE TO THE LEFT; h�b i . l- A (Q P _ Tn CT.I"Y p{INTY �- �1 12. THENCE ALONG THE ARC OF SAID NON - IANCitN t,Urcvc i v Inc WITH A RADIUS OF 795.00 FEET, A DELTA ANGLE OF 47 °25'44 ". AN ARC LENGTH OF 658.09 FEET, WHOSE LONG CHORD BEARS S70 ° 49'11 "E A DISTANCE OF 639.46 FEET; • 13. ` THENCE N85 °27'57 "E A DISTANCE OF 5146.47 FEET; 14. THENCE N04 °32'03"W A DISTANCE OF 15.00 FEET; 15. THENCE N85 °27'57 "E A DISTANCE OF 700.00 FEET; 16. THENCE SO4 °32'03 "E A DISTANCE OF 15.00 FEET: 17. • THENCE N85 °27'57 "E A DISTANCE OF 730.33 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD AS PRESENTLY LOCATED; 18. THENCE S02 °29'26"W ALONG SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 110.83 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE TRACT OF LAND CONTAINS 18.22 ACRES, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6 TH P.M., WHICH IS ASSUMED TO BEAR S89 °09'10 "E FROM THE SOUTH QUARTER CORNER OF SAID SECTION 1 (3.25" ALUM. CAP, RLS 31161) TO THE SOUTHEAST CORNER OF SAID SECTION 1 (2.5" ALUM. CAP, LS 10895). AND, A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6 P.M., PUEBLO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1; THENCE N26 °47' 10' E A DISTANCE OF 2523.38 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: 1. THENCE N49°20'07"W A DISTANCE OF 32.22 I•Eb TO A POINT ON TILE SOUTHERLY RIGHT -OF -WAY LINE OF LIME ROAD AS PRESENTLY LOCATED; 2. THENCE N40°58'43"E ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 794.75 FEET; 3. THENCE S48 °46'01"E A DISTANCE OF 35.74 FEET; 4. THENCE S41 ° 13'59' W A DISTANCE OF 794.42 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE TRACT OF LAND CONTAINS 0.62 ACRES, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION I, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6 P.M., WHICH IS ASSUMED TO BEAR S89 °09' 10"E FROM THE SOUTH QUARTER CORNER OF SAID SECTION 1 (3.25" ALUM. CAP, RLS 31161) TO THE SOUTHEAST CORNER OF SAID SECTION 1(23" ALUM. CAP, LS 10895). • a John L Klomp { , District 1 , �,t. Chairman 1888 1 ti Kim B. Headley Loretta Kennedy t 1 Planning and Development District 2 t: . _ 8 e Director / ' ° ta nnin co. Matt J. Peulen _ y, P 9� pueblo.co.us District 3 ±?ii 8 r • tl BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PLANNING AND DEVELOPMENT September 27, 1999 Mr. Richard Hipwell Rio Grande Portland Cement Corporation 4440 Turnberry Crescent Pueblo, Colorado 81001 Re: PUEBLO COUNTY PLANNING COMMISSION • Special Use Permit No. 1999 -002 to allow Mineral Extraction, Processing, and Cement Manufacturing in an A -1, Agricultural (minimum 40 acres) Zone District Dear Mr. Hipwell: Please be advised that the Pueblo County Planning Commission, at its meeting held on September 21, 1999, voted to approve Special Use Permit No. 1999 -002 with the following conditions and notation: Conditions: 1. Improvements to the plant site covered by Special Use Permit No. 1999 -002 shall be limited to those depicted on the applicant's site map, incorporated with this review as Exhibit 8, dated June 9, 1999. Any additional facilities/improvements to this site shall require an amendment to this special use permit. 2. The Special Use Permit Boundary shall be as depicted on Exhibit No. 7, dated 9/13/99 and attached to this review also dated 9/13/99. Additional lands to be added to the special use area shall require an amendment to this special use permit. 3. The applicant shall provide the Department of Planning and Development with a copy of any Federal, State, or local permit applications, approvals, amendments, or releases (e.g., air quality, 404, MLRB, stormwater, augmentation, etc.) pertaining to Special Use Permit No. 1999 -002 within 30 days of their submittal to the respective agency and/or approval by the respective agency. 4. The applicant has designated Lime Road to I - 25 as the primary haul route. The applicant shall be responsible for repairing any damage to that portion of the designated County Road 1120 COURT, ROOM 200 • PUEBLO, COLORADO 81003 -2819 • (719)583 -8100 • FAX (719) 583 -6378 avavCT S (14 FMS) _ Re: PCPC /SUP No. 1999 -002 • September 27, 1999 Page 2 between the applicant's access point and the State highway during the applicant's hauling period. The applicant shall repair in good workmanlike manner any damage to said haul road caused by trucks hauling from/to the site as determined by the Pueblo County Public Works Department. 5. The applicant shall file a copy of their Annual Mined Land Reclamation Report with the Department of Planning and Development at the time it is submitted to the State of Colorado, Department of Natural Resources, Mined Land Reclamation Division. 6. There shall be no blasting permitted in association with the mineral extraction activities until the applicant submits and receives approval for a Blasting Plan as reviewed and authorized by the Division of Minerals and Geology, EXCEPT THAT, should the blasting plan be approved, then there shall be no blasting between the hours of 6:00 P.M. and 8:00 A.M. Monday through Saturday and NO BLASTING ON SUNDAY. A copy of said blasting authorization from the Division of Minerals and Geology shall be forwarded to the Department of Planning and Development within thirty days of its issuance. 7. Public retail sales of raw materials or cement products at the plant or mine site shall require an amendment to this special use permit. 8. Mineral extraction activities upon the westerly block of lands adjoining I -25 shall only be permitted upon approval of an amendment to this special use permit. 9. The applicant shall develop, operate, and manage the mining- related activity according to the rules, regulations, plans and permits administered by the applicable federal, State, and Local agencies. Any violation of a rule, regulation, permit, or plan may result in the scheduling of a Show /Cause Hearing to consider the revocation of Special Use Permit No. 1999 -002. 10. The mineral extraction and processing activities authorized under Special Use Permit No. 1999 -002 shall only be permitted within the acreage which is described and regulated under the Reclamation Warranty and Bond as identified by an approved MLRB Permit (111 Permit, 110 Permit, or 112 Permit), as amended, and regulated through the State of Colorado, Department of Natural Resources, Mined Land Reclamation Division, EXCEPT THAT, the combined area of mining, processing, and stockpiling activity and reclamation activity SHALL NOT exceed 70 acres total at any given time. This acreage does not include the manufacturing plant site, which shall be in addition to the above named permissible acreage. Additional acreage to be placed into mining, storage or reclamation under the approved MLRB Permit, and as it may be amended, in excess of the stated maximum limit of seventy (70) acres total, would require an amendment to this special use permit. Re: PCPC /SUP No. 1999 - 002 September 27, 1999 Page 3 11. The applicant shall provide a valid Mining Permit and Reclamation Plan, approved by the • Mined Land Reclamation Board, for this site to the Department of Planning and Development prior to the issuance of Zoning Authorization for a building permit for construction of the plant. 12. The applicant shall submit a detailed mine -site area plan that identifies the location of all electric utility lines, support structures, and/or gas /oil pipelines traversing the permitted property. These will require a fifty -foot either side of the centerline safety buffer. The applicant shall submit a corrected plan such that said safety buffers shall be identified on the site plan as needed. 13. The applicant shall submit to the Department of Planning and Development a detailed mining operations plan map, which identifies the sequence and directions that the mining activity will follow. Said plan may be combined with the above referenced detailed site area plan. 14. The applicant shall obtain an Access Permit from the Department of Public Works prior to initiating any additional exploration and /or construction activity of any nature. 15. The applicant's primary fuel material for the cement - manufacturing kiln shall be coal and the secondary fuel shall be natural gas, as indicated in the applicant's submittal. Use of alternative fuels (such as waste tires or hazardous waste materials) shall not be permitted and shall require approval of an amendment to this special use permit prior to utilizing said alternative fuels. 16. The applicant shall maintain a valid Access Easement, or proof of right -to -enter for the subject lands, on file with the Department of Planning and Development for this Special Use Permit at all times. 17. The applicant shall submit and maintain valid executed mineral leases and/or deeds of ownership for properties covered by this special use permit prior to approval of the Special Use Permit. 18. Train movements into and out of the plant site shall operate so as not to block the Lime Road crossing longer than normal mainline through - traffic passing the crossing at slow speed. 19. Prior to authorization of an Access Permit, Lime Road shall be improved to a standard acceptable to Pueblo County to accommodate the proposed special use. 20. Upon cessation of all extraction activity, the applicant shall dismantle the accessory processing facilities, reclaim all bonded lands, and submit a letter from the Mined Land Re: PCPC /SUP No. 1999 -002 September 27, 1999 Page 4 Reclamation Board- Division of Minerals and Geology approving of release from reclamation requirements. Should it be the desire of the applicant to continue utilizing the • manufacturing facility for the production of Portland Cement using off -site raw materials, the applicant may be required to seek additional permit approval to remain in compliance with the Pueblo Coun Zoning Resolution standards for the A -1 Zone District. Such approvals may include rezoning to accommodate any continued operation of the manufacturing facilities or obtaining an amendment to this special use permit with a finding that using off -site raw materials is acceptable to the Planning Commission thus allowing continued operation of the facility. 21. Special Use Permit No. 1999 -002 shall be placed on a one -year review basis. Notation: Section 36(i) of the Pueblo County Zoning Resolution provides that the action or activity authorized by a special use permit must be exercised in full or construction started within one year of the date of the Planning Commission's approval or the special use permit becomes null and void unless the permit is extended by the • Commission. Further, the action or activity must be in full compliance with all conditions of the special use permit. Please note that merely obtaining necessary building permits, other local, State, or Federal operating permits, and entering into agreements do not constitute an exercise in full or starting construction. If you should have any.questions, please do not hesitate to contact this Department at (719) 583 -6100. Sincerely, / Kim B. Headley, Di ector KBH/sjb c: Mr. Hedrick Mr. Esposito Mr. Mark Davis Mr. Jim Stevens Mr. Thacker Mr. Alan Urban Tickler File GCC Rio Grande August 5, 2003 Greg Severance, Director Pueblo County Public Works 33601 United Avenue Pueblo, Colorado 81001 -4896 Re: Lime Road Improvement Proposal Dear Director Severance: In accordance with the Pueblo County Special Use Permit ( "SUP") issued to GCC Rio Grande, inc. ( "Rio Grande ") we are submitting this proposal for obtaining an access permit to our planned portland cement manufacturing facility, located in Pueblo Count southeast of the City of Pueblo. Specifically, our proposal is to reconstruct and/or improve Lime Road between 1-25 and the .Burlington. Northern -Santa Fe railroad tracks (the "Project "). We believe the Project will benefit Pueblo County and its citizens by improving the safety of Lime Road and the railroad crossing. The following provisions summarize the Rio Grande proposal for finalizing an agreement between the Department. Pueblo County and Rio Grande regarding the Project, its funding, scope, design, engineering and completion: 1. For the initial phase ofthe Project (the "Design Phase ") Rio Grande will promptly pay $200,000.00 to the Department to evaluate and study alternative designs for rights of way, easements, connection to the facility access point, conduct geotechnical tests, perform environmental studies and determine whether to seek abandonment or vacation of any existing rights of way for the Project. The Design Phase is anticipated to commence by September 1, 2003. The Department shall be responsible for the implementation and completion of the Design Phase and shall provide Rio Grande with quarterly updates including up to date expense and progress reports. 2. Based on the results of the completed study and design proposals, as part ofthe Design Phase, the Department will select an appropriate solution for the Project and complete preliminary design and engineering work for the selected solution. lfthe Design Phase study determines a need for additional rights of way, the responsibility and cost for acquiring such additional rights of way shall solely be borne by Rio Grande. g95873.1X)C :2} Greg Severance, Director August 5, 2003 Page 2 3. In addition, Rio Grande will provide a $1,900.000 letter of credit (the "Letter of Credit "), in the form attached hereto, in favor of Pueblo County for construction of the Project. Rio Grande has made preliminary engineering estimates that an upgrade to the existing Lime Road will cost approximately $1.9 million and that is therefore the basis of the letter of credit amount. This projection does not necessarily reflect what other alternatives may cost. Upon selection of a solution and completion of final design, the amount of the Letter of Credit may be adjusted as needed to match the final cost estimate. 4. Final design, engineering and construction of the Project (the "Construction Phase ") and the Department and Pueblo County's ability to draw on the Letter of Credit shall commence only when either of the following events occur: 1) when Rio Grande receives a building permit from Pueblo County for the pre- heater tower and /or kiln; or 2) if Rio Grande submits written notification to Pueblo County indicating Rio Grande agrees to the commencement of the Construction. Phase on Lime Road prior to having received the County building permit for the pre- heater tower and /or kiln. 5. The Department and Pueblo County will manage and direct the final engineering and construction of the Project. As engineering and construction costs are incurred, Pueblo County may draw on the Letter of Credit to fund such costs. Completion of the Construction Phase of the Project and dedication of the Project will occur no later than 400 days after the Construction. Phase i commenced. 6. The County will maintain the modified Lime Road after its completion and acceptance by the County. 7. Rio Grande shall be responsible for $200,000 of costs and expenses for the Design Phase and the estimated $1,900,000 in costs and expenses for the Construction Phase. Any reasonable costs incurred in excess of these amounts as a result of final design, actual construction bid, contract change order, or unforeseen circumstances will be the responsibility of Rio Grande. 8. Provided Rio Grande has not given notice to continence the Construction Phase, if Rio Grande should, for any .reason. be unable to start the Construction Phase LI (ki pre - heater tower, raw mill, cement mill) to complete the construction of the .Facility, it shall provide notification of such to the Department and, thereafter, have no further obligations with respect to the Project and may terminate the Letter of Credit without penalty. Any amounts paid by Rio Grande for the Design Phase, however, shall be non- refundable. 9. As part of the Project, the Department and Pueblo County will manage and direct the design and construction of improvements to the "at grade" crossings of the Burlington Northern Sante Fe and Union Pacific railroad tracks and Lime Road (the "Crossing .Improvement "). The County agrees to apply to the Colorado Public Utilities Commission for State or Federal grant funds to cover the costs of the Crossing Improvement. Application shall be made no later than 30 days following t95873.DOC::2t Greg Severance, Director August S, 2003 Page 3 completion of the Design Phase. lithe County is not successful in obtaining these grant funds within three (3) years after first making application, the costs for such crossing shall be paid by Rio Grande. 10. Rio Grande will be responsible for constructing and maintaining any private road connecting to Lime Road and the Project necessary to access the Facility. 11. In connection with any future private development along Lime Road that is benefited • by the Project, the County will endeavor to obtain reimbursement (via cost recovery) for GCC Rio Grande ofthe costs paid by Rio Grande for the Design and Construction Phases of the Project. Upon execution of this letter, the parties agree to work in good faith and take all additional and reasonable actions necessary to complete the Project. including the execution of additional agreements and understandings. Please indicate your acknowledgment and agreement to the above terms by countersigning this letter where indicated below. Upon execution by all parties, this letter will evidence our agreement regarding the Project. Very t ours, Enriq :scalante „,. Presiders GCC Rio Grande, Inc. Acknowledged and Agreed: Pueblo County Pueblo County D f4_1••• • of Public Works r _ Name: / re we ro , e.. Title: / 6; c i-4 of ',,i)1 c Work S . Approved As To .Form: Dan Kogovsek j Pueblo. County Attorney (9$K73.DOC :2) Anthony Nufiez i ° District 1 Chairman 2007y Greg Severance Loretta Kennedy : �' = � � � 0." i r . Director of Public Works District 2 t �� 9regs@co.pueblo.co.us J. E. Chostner District PUEBLO COUNTY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION • ROAD AND BRIDGE DIVISION • PARKS DIVISION • FACILITIES DIVISION August 20, 2007 Jose Medina - Gutierrez Rio Grande Portland Corporation Red Rock Project 60001 Gateway West F -14 Basset PMB #750 El Paso, Texas 79925 RE: Lime Road Realignment Dear Mr. Medina - Gutierrez: The Pueblo County Public Works Department opened construction bids for phase 1 of the Lime Road Realignment project on August 7, 2007. Attached is a copy of the bid tabulations for the submitted bids The apparent low bidder was Castle Rock Construction. The base bid called for the temporary detour road to be constructed in asphalt, with the alternate bid reflecting a concrete detour road. Castle Rock's bid reflects a lower price for the concrete alternative. Phase 1 includes the construction of the new Lime Road alignment from the west side of the railroad tracks west to Interstate Highway 25; and includes a temporary detour road at the east end from the new alignment to the existing railroad crossing (see attached map). Phase 2, which was not bid at this time, includes all of the new Lime Road alignment east of the rail road tracks, the new rail crossing, and removal of the temporary detour road. Phase 2 will not be bid out until the Public Utility Commission and both rail roads have approved the new crossing. Before Pueblo County enters into a construction contract with Castle Rock Construction for construction and a change order with URS for construction management and materials testing, we will need sufficient funds from GCC to cover those costs per our agreement. The total dollar amount needed for phase 1 is as follows: Castle Rock Construction bid for construction, concrete detour option $ 1,625,530.56 URS design cost, existing contract including change order 1 168,871.00 URS design costs beyond scope — temporary detour, etc. (change order 2) 41,103.92 URS construction management, inspection and materials testing 96,023.84 10% construction contingency 162,553.00 33601 UNITED AVENUE • PUEBLO, COLORADO 81001 -4895 • (719) 583 -6040 • FAX (719) 948 -9641 Page 2 of 2, August 20, 2007, Lime Road Less prior GCC payment to County ($200,000) - 200 000.00 Total due prior to award of phase 1 construction contract $ 1,894,06232 The engineer's estimate for phase 2 construction is $1.2 million. That price reflects current unit costs for construction and does not include any inflation factor nor does it include construction management, inspection and testing. 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