HomeMy WebLinkAbout098 - 07/06/2004 - AUTHORIZING THE AMENDMENT OF THE CITYS MINING RECLAMATION AGREEMENT WITH LAFARGE FOR MINING ON THE R ORDINANCE NO. 098, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE AMENDMENT OF THE CITY'S
MINING RECLAMATION AGREEMENT WITH LAFARGE
FOR MINING ON THE RESOURCE RECOVERY FARM
IN CONNECTION WITH THE EXCHANGE OF LAND FOR A
NEW COLORADO DEPARTMENT OF TRANSPORTATION REST AREA
WHEREAS, the Colorado Department of Transportation ("CDOT") has proposed the
development of a new public rest area on the City Property to replace the rest area currently
located on the Old Rest Area Property; and
WHEREAS, in order for the development of the new public rest area to proceed, the
conveyance of certain property by the City to CDOT, along with the grant of certain temporary
easements to COOT, will be required; and
WHEREAS, the land to be conveyed by the City to CDOT (the "New Rest Area
Property") is currently within the mining lease area of that certain Mining and Reclamation
Agreement between the City and LaFarge North America, Inc., and dated April 24, 2000, related
to mining on the Resource Recovery Farm property (now known as the Running Deer Natural
Area) (the "Mining Reclamation Agreement"); and
WHEREAS, LaFarge has completed the mining of the New Rest Area Property, and said
Property can be removed from the mining lease area without jeopardizing the performance of
any remaining obligations under the Mining Reclamation Agreement, except for the completion
of site grading on that Property and a partial release of that Property from the applicable mined
land reclamation permit; and
WHEREAS, LaFarge has indicated its willingness to amend said Mining and
Reclamation Agreement as set forth herein, and to consent to the grant of temporary construction
and access easements to CDOT for its construction activities related to the development of the
new rest area; and
WHEREAS, the Mining and Reclamation Agreement was previously approved by the
City Council with its adoption of Ordinance No. 199, 2000; and
WHEREAS, it is the desire of the City Council to authorize the amendment of the
Mining Reclamation Agreement as herein described.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby approves the amendment of the Mining
Reclamation Agreement, including the following terms and conditions, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary to effectuate the purposes of this Ordinance or to protect the interests
of the City:
a. Lafarge will be required to backfill with clean fill and grade the New Rest
Area Property to its original (pre-mining) ground contours no later than
August 31, 2004.
b. The City will request that the Colorado Division of Minerals and Geology
inspect the New Rest Area Property and provide a letter to the City
releasing this parcel from the Permit Boundary of DMG Permit No.
M99078.
C. Upon receipt of the above-referenced release letter and as of that date, the
New Rest Area Property shall be considered by the parties to have been
removed from the leased area and Lafarge will have no further
reclamation obligations for the New Rest Area Property.
Section 2. That the Mayor is hereby authorized to execute an amendment of the
above-referenced Mining and Reclamation Agreement consistent with the terms of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2004, and presented for final passage on the 6th day of July, A.D. 04.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of July, A. D.
22004.
Mayor
ATTEST:
City Clerk