HomeMy WebLinkAbout3.0 CorrespondenceMarch 17, 2014
Kelly Cave
Assistant County Attorney
108 81h Street #219
Glenwood Springs, CO 81601
Garfield County
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
RE: Ertl Atlas Tower Land Use Change Permit Amendment
(File No. SUAA-7810)
Dear Kelly:
Attached for your files and for your review is an Application for a second amendment to
the Jan Ertl Land Use Change Permit for a telecommunication tower. The Application is
submitted by AT&T and requests a minor amendment to deal with modification to the
antenna details, with no increase in tower height, and modification to the ground support
infrastructure. The Land Use Change Permit has been issued for the original approvals
and a copy is included with the submittal. The proposed use is located on property
known by Assessor's Parcel No. 2175-241-00-032.
We are initiating our completeness review and initial consideration as to whether the
proposal meets the minor modification standards contained in Section 4-106. Please
review any legal issues including ownership, leases and authorization to represent.
Please provide your comments and input by March 21 1h or as soon as your schedule
permits. Thanks for your assistance in the review and processing of this Application.
Sincerely,
Glenn Hartmann
Senior Planner
Garfield County Community Development Department
Glenn Hartmann
From: Kelly Cave
Sent:
To:
Wednesday, March 19, 2014 4:33 PM
Glenn Hartmann
Cc: Tamra Allen
Subject: Ertl Atlas Tower #2--SUAA 7810
Glenn,
You asked me to review the above referenced application in regards to ownership, leases, and authorization to
represent.
This packet has duplicate pages, blank pages and it looks like odd formatting with weird typos. Very poor application.
previously reviewed the first amendment to the Land Use Permit in LPAA 7812. I don't know if I should review these
files together since different parties are represented in each application. Let's discuss.
Ownership
Jann Ertl does own the property per the Warranty Deed recorded as Reception No. 705758.
Jann Ertl leased the property to Atlas Tower USA, LLC ("Atlas") in February, 2012. The lease provided has missing or
blank pages. A clean copy of this lease needs to be provided. Atlas leased to New Cingular Wireless in 2013. This lease
lists Atlas as the owner which is incorrect. As I stated in the review for LPAA 7812, the lease and the new lease to
Cingular are not well written.
Authorization
I pulled the prior authorization letter submitted in the first application which grants Atlas authority. The applicant needs
to provide a recorded statement of authority authorizing Geoff Squier to act as Atlas's agent.
As I stated in LPAA 7812, the applicant also references section 9(c) of the Lease. This section of the Lease is very broad
and does not specifically state what parcel of land the tenant is authorized to pursue permits for. Also, the Lease is not
well written since the parent property (Exhibit 1) is not consistent with the vesting deed and it fails to include an Exhibit
2 which describes the Premises leased.
Please let me know if I can be of any further assistance.
Thanks,
Kelly
Kelly Cave
Assistant Garfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Telephone: (970) 945-9150, ext. 1735
Fax: (970) 384-5005
Email: kcave@garfield-county.com
1
CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of
the individual or entity to which it is addressed. The information contained herein may include protected or otherwise
privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying
to this message and delete the email without further disclosure. Thank you.
2