HomeMy WebLinkAbout1.0 ApplicationClra LK
Wireless made simple.
The "Stewart" site is "key" in that it will connect to our West Rifle and Doghead site to
the West and our Newcastle site to the East. This will be an unmanned facility running 7 days a
week, 24 hours a day and will be routinely maintained by CLEARTALK technicians
(approximately once a month). It requires only telephone and power to operate correctly and will
have no unusual demands on these or any public utilities. Safety is also a key issue with us and
accompanying a six-foot, gated chain-link fence, the proper signs for the safety of the general
public will be prominently displayed.
Wireless technology has vastly improved in the last few years, and with the introduction
of digital service and wireless Internet we are excited to be able to bring these services to you.
With the increasing use of wireless telephones, CLEARTALK's goal is to provide the highest
quality PCS network to its customers and to be a good "fit" within the community. Not only will
CLEARTALK be providing digital telephony, we are providing jobs for the local workforce.
This spring Mesa State College graduated its first class in the Telecommunication Engineering
program. Of the eight graduates four are employed by CLEARTALK, and as we grow and
additional carriers are added to our towers even more jobs will become available to the future
graduates and the areas workforce.
We have included photo simulations of a monopole tower and the existing power line
pylons at our proposed site on Grass Mesa The purpose of this simulation is to show that a
lattice tower may be more applicable for this site. We think a lattice type tower would be less
noticeable and blend with the existing structures. We are willing to construct a monopole if that
is preferable to Garfield County.
Hopefully this summary will allow you to have a better overall picture of our need for
site development on the Stewart site in Garfield County and our goal of bringing PCS service to
the area. For more information, or if you have any questions, please feel free to contact me any
time. Thank you.
Sincerely,
Craig Hoff
Site Development
(970) 234-1358
F ,70.256.7600
F 970.241.0437
www.c1earta1k.net
1600 Ute Avenue, Suite 10
Grand Junction, CO 81501
TALK
Wireless made simple.
LETTER OF INTENT
Date - -
Landlord 6ecr _o Sj2w.Jrs+-7'
Landlord
Site No.
Address
Address
rg-rcn In b - a/c
r0//6
This letter is to show that NTCH Colorado, Incorporated and v S` c• -r-1-
per r.
(Landlord) are currently negotiating a lease on Landlord's proy to facilitate the placement of a
telecommunications site.
This letter verifies the terms agreed to by the Landlord and an NTCH-Colorado, Inc., Site
Acquisition Specialist. Landlord agrees to allow NTCH the exclusive right for a period of sixty
(60) days form the date of this letter to evaluate the Property and to determine that the Property
can be used for its intended purpose. You specifically agree to permit us and our agents and
contractors access to the Property in order to conduct such surveys, structural strength analysis,
subsurface boring tests, and other activities of similar nature as LATCH may deem necessary at
the sole cost of NTCH-Colorado, Inc. Due to long lead times, the Landlord also allows NTCH-
Colorado, Inc. to enter into the process with the local municipalities and regulatory agencies in
Order to obtain the appropriate approvals for the construction of a telecommunications site. You
also represent to us that you have no knowledge of any substance, chemical or waste
(collectively, "substance") on the Property that is identified as hazardous, toxic or dangerous
except as set out in writing by an attachment to this letter (write "yes" if there Is an attachment
If N'TCH determines the Property meets its criteria, you agree to enter into negotiations of a final
PCS Site Agreement or Option Agreement. Please sign in the space provided showing your
agreement with the stipulations. If the site can not be used for it'i; intended purpose NTCH-
Colorado, Incorporated agrees to repair any damage to the Property caused by our activities as is
reasonable.
I (we) agree to the terms of this letter.
-L g1c)-.S A -3 -leg(
Site Acquisition Specialist Date
Landowner/Catsdlord
Landowner/Landlord
Tax ID No. or Social Security No.
Date Tax ID No. or Social Security No.
Jun -OB -00 11:50A
RECEIVED 14\i9 9 a APPLICATION P.01
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
j Telephone: 970.945.8212 Facsimile: 970. 384-5004
/
Submittal Date: 1 ' ' 00 Base Fee. S400
Applicant. /1J/ / / (4122_046)/41.0
Address of Applicant- / (s c'� I�r) / Q l( tkAELL Telephoncr910) S -?-j V- %0O
Special Use Being Requested/ E (SPF) frLefli0 /I / 64-77 /9 / ct°)SL
Zone District: fi�0!/:� Size of Property Zorn ¥
Application Requirements: These items must bejubmitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
21 If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment, If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan,
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield Cotmty Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf,
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at heist one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent Landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing,
The information contained within this application is complete and correct, tothebest of my knowledge:
Applican k-777 / f7X/ Date: // ' `r . 00
OVERALL SITE PLAN
Beginning at the Southeast corner of the West 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 21, Township 6 South, Range 93 West of the
6th P.M.,
Thence N00'00'10"E a distance of 1317.52 feet;
Thence 1‘100'13'39"W a distance of 597.84 feet
to the POINT OF BEGINNING;
Thence S89.46'21"W,
Thence N00113'39"W,
Thence N89'46'211,
Thence SOO'13'39"E,
to the POINT OF BEG
Containing 10000.00
a distance of 100.00 feet;
a distance of 100.00 feet;
a distance of 100.00 feet;
a distance of 100.00 feet
INNING.
squore feet, more or less.
PROJECT AREA LEGAL DESCRIPTION
Township 6 South, Range 93 West of the Sixth Principal Meridian,
Section 21: W1/2 SE1/4 NE1/4, W1/2 NE1/4 SE1/4,
Also known as: Lot 6, Grass Mesa Ranch,
County of Gorfield,
State of Colorado.
NOV 2H UU 1"dr4Hp UNRUU HIKI'UI'I lNIL1
•
ENNETH E. MAENPA
Airport Manager
November 28, 2000
H7U-Heb-H5U1
p.2
Mr. Greg Butler, Planner
Garfield County Building & Planning
109 8th Ave.
Glenwood Springs, CO 81601
RE: ClearTalk Wireless Communications Tower
Dear Mr. Butler:
This letter is regarding the proposed CLEARTALK communication tower on Grass
Mesa. Upon review of the plans , the location of the structure appears to be less than
10,000 feet from the nearest runway at Garfield County Airport. I would recommend the
following:
1. Submit to the FAA a Form 7460-1 "Notice of Proposed Construction" to the
Northwest Regional Office for review.
2. The detail of the tower should include globe obstruction lights per FAA and FCC
specifications.
3. The plans should include the site elevation as well as the overall height of the
structure above mean sea level.
4. If the stntcttue is less than 10,000 feet from the nearest runway the elevation should
not exceed the horizontal surface of 5696' MSL.
If you required any additional information or clarification please do not hesitate to
contact me at 625-1091.
Kenneth E. Maenpa
Airport Manager
7aw.d 11/21100
0375 County Road 352, #A1070
Rifle, Colorado 81652 (970)625=1091
December 5th, 2000
Tom Sams
Clear Talk Communications
1600 Ute Avenue, Suite 10
Grand Junction, CO. 81501
Building & Planning Department
RE: Proposed Communication Tower in Grass Mesa — Stewart Site
To Whom It May Concern:
Two recent telephone calls have been received by this office that have cast doubt on whether this item
should go before the Garfield County Planning Commission on 12/13/2000. The first call was concerning
Grass Mesa Homeowners Association with regard to their controlling covenants which was followed by a
letter from their legal council (copy attached). The second telephone call stated that the access road to this
site was private and that no one had contacted the owner for permission to use this road. While opposition
to use of the road wasn't mentioned, increased used and increased maintenance was.
The question of access is significant enough in this County to warrant modifications to the Staff Report and
Comment. This modification would be one of denial based on lack of access. Since this item is scheduled
for the 13th of this month your timely attention to this matter is greatly appreciated.
•
Cordially,
GARFIELD COUNTY P t G DEPARTMENT
C -
Gr
Butler, r 'fanner
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-6067 - VOICE
(970) 945-6292 - FACSIMILE
Please direct correspondence to this address
December 1, 2000
Tom Sams
Clear Talk Communications
Grand Junction, CO
RECEIVED DEC a 5 2000
0O
Y
PARK AVENUE PROFESSIONAL BLDG.
121 NORTH PARK AVE., SUITE B
MONTROSE, COLORADO 81402
(970) 252-0180 - VOICE/FACSIMILE
Sender's email:calaia&houpt@sopris.net
Via Facsimile (970) 241-0437
Re: Grass Mesa Homeowners' Association, Garfield County, Colorado
Dear Mr.Sams:
This law fum represents Grass Mesa Homeowners' Association. As I mentioned in our
telephone conversation yesterday, I have been directed by the Board of Directors of the
Association to provide your company with information about the Grass Mesa Homeowners'
Association, as well as Grass Mesa Road, which runs through Grass Mesa Ranch outside of Rifle,
Colorado.
My understanding is that the owner of one of the lots within Grass Mesa Ranch may have
leased to Clear Talk the right to erect a transmission tower on his lot. Furthermore, if I
understand correctly, there is an upcoming hearing before the County regarding approval of a
special use permit for such a tower.
All of the lots within Grass Mesa Ranch are subject to a "Declaration of Easements,
Restrictions and Covenants" first recorded with the County in 1983, and several subsequent
amendments. The Covenants contain various restrictions, including a residential use restriction and
an architectural review process as a condition precedent to construction of any structure.
Additionally, Grass Mesa Road and all of its branches internal to Grass Mesa Ranch are private
access roads, they have not been dedicated to the public to any extent. Grass Mesa Ranch has an
agreement with the BLM for access across that portion of Grass Mesa Road that crosses BLM
land. The erection of a transmission tower, and the right to access it across private roads, requires
advance written authorization from my client.
I am faxing with this letter a copy of the Declaration of Covenants, together with one of
the amendments that contains additional language about the private access easement. You may
GRASS MESA-Clearralk-Itr-1
Tom Sams
December 1, 2000
Page Two
wish to have your legal counsel review these documents.
Please be advised that if Clear Talk wishes to further discuss this matter, proper
authorization of the Association and its members must be obtained. All communication to the
Association in this regard should be directed to my attention, and arrangements must be made in
advance for reimbursing the Association for all costs it may incur in connection with such
discussions, including attorneys' fees.
Sincerely,
CALOIA & HOUPT, P.
7 Barbara P. Kozel
BPK:fin
Encl.
cc: client (w/o encl.)
Garfield County Planning Department (w/o encl.)
STEWART/ C01204B
From Switch: Leave switch and go east on I-70 business loop,
get on I-70 east. Approximately 64 miles will be Rifle, CO. Take
exit 90 and turn right. The first stop sign will be South 7th street,
turn left. Set your mileage ticker. Approximately 2.4 miles there
will be a fork in the road, stay to the right. At 3.4 miles there will
be a gravel road to your right, turn right, there will be a Grass
Mesa Ranch sign, follow the hill up. At 5 7 miles there will be a
fork in the road stay to the right, this will be Grass Mesa Road. At
6.2 miles there will be a fork in the road, stay to the right, this will
be Cedar Breaks Road. At 7 6 miles the road will turn to the Left
and become Mustang Mesa Road, the property will be on your
right just at the ls` telephone pole on your right. Drive across the
field to the north east point. Site sits on the edge of the mesa on
the north east point.
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ADJACENT LANDOWNERS
STEWART C01204B
Lot 9: Norman Mannon
0160 Mustang Mesa Trail
Rifle, Co. 81650
Lot 7: Ballard Petroleum
845 12`h Street West
Billings, MT. 59102
Lot 6A: Ryan May
1120 Cedar Breaks Rd.
Rifle, CO. 81650
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
RECEIVED DEC 0 7 2000
Date Sent: November 14, 2000
Comments Due: Unknown
Name of application: NTCH, Colorado Inc. Telecommunications Tower
Sent to: Town of Silt
Garfield County requests your comment in review of this project. Please notify Garfield
County in the event you are unable to respond. This form may be used for your response,
or you may attach your own additional sheets as necessary. Written comments may be
mailed, e-mailed, or faxed to:
Garfield County Building & Planning
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-5004
Phone: 970-945-8212
E-mail: "garcopin@rof.net
General comments: The Town of Silt has no comment regarding a telecommunications
tower to be erected near Rifle. Thank you for the opportunity to comment.
Sincerely,
Janet G. Steinbach
Town Planner
CITY of RIFLE
2f 'AILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 • FAX (970) 625-3210
December 11, 2000
Mr. Greg Butler, Senior Planner
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
In re: NTCH, Colorado Inc. Tellecommunications Tower
Dear Mr. Butler:
The City has no comment on this item.
Sincerely,
Selby Myers
City Manager.
Cc: Mayor and Council, City of Rifle
Rifle Planning and Development Department
111111 1111111111111111111) 1131 111111 III Iilll 1)11 IIII
521412 03/06/1998 04:03P 81056 P622 M RLSDORF
1 of 1 R 6.00 D 6.50 GARP ELD COUNTY CO
WARRANTY DEED
Grass Mesa Ranch, a Colorado Joint Ventura, for good and valuable consideration, in hand paid, hereby
sells and conveys to George Stewart and Shawn M. Stewart, as Joint Tenants as Tenants in Common with
Barbara J. Stewart, whose address is 3850 South Lincoln. Englewood. CO 80110, the following real property:
Township 6 South, Range 93 West of the Sixth Principal Meridian
Section 21: WASE%NEV.., 1M%NE%SE'
Also known as: Lot 8, Grass Mesa Ranch;
County of Garfield,
State of Colorado,
with all its appurtenances and warrants the title to the same, reserving to the Grantor all mineral rights. oil, gas,
geothermal resources and the like, subject to: reservations contained in United States Patent recorded in Book 71
at Page 548: easements and rights of way recorded in Book 322 at Page 240; restrictive covenants as contained in
instrument recorded in Book 628 at Page 503, and amendments in Book 924 at Page 292, Book 951 at Page 883,
Book 958 at Page 68, and Book 968 at page 182; oil and gas lease recorded in Book 882 at Page 679, any and all
assignments thereof or interests therein; easements and rights of way for roads, streets, highways, ditches, canals,
pipelines and utility lines as constructed and in place: reservations of all oil, gas and other minerals as set forth in
quitclaim deed recorded in Book 814 at Page 265; easement and right of way for electric transmission line and access
recorded in Book 666 at Page 210; terms, conditions, provisions, obligations, easements and rights o1 way as
contained in right of way grant recorded in Book 641 al Page 836; non-exclusive road easement recorded in Book 672
at Page 761, amendment thereto recorded in Book 677 at Page 56 and grant of easement recorded in Book 694 at
Page 740; and lease of easement recorded in Book 336 a1 Page 198; and easement agreement recorded in Book 980
at Page 839; and 1998 general taxes due in 1999.
Signed this ' day of March, 1998,
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA
GRASS MESA RANCH, a Colorado Joint Venture
BY:
Richer E. Rudoph
The foregoing instrument was acknowledged before me this J f6 day of /' /'UR0ff 1998, by
Richard E. Rudolph.
Witness my hand and official seal.
My Commission expires: /U • /1. ZG(xj
(SEAL)
1
1
'OFFICIAL SEAL'
Barbera Zubier
Notary Publie'Ammna
MancDpa County
Conmlssion Expos
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Notary Public
6raaon & McClow LLC P.O. Box 669 Gunnison, Colorado 81230 (9701641-1903 -GMStawanwD
i•4 �u U,CE� lie C,rePq I await
930 Gr(aur ave /q
Cf: Ar-C'Tr 77:,- C:
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November 27, 2000
BALLARD
PETROLEUM LLC
Board of County Commissioners
Garfield County Courthouse, Suite 301
109 8th Street
Glenwood Springs, CO 81601
RE: Special Use Permit Notification
Grass Mesa Ranch Lot #8
Garfield County, CO
Gentlemen:
DEC -8 2000
&AULD COUNTY COMMONEN
RC E
CI John
0 Larry
0 Wait
We are in receipt of the notice of Special Use Permit Application covering the lands
referenced above. A review of our records indicated the referenced lands are subject to
the following oil and gas lease owned by Ballard Petroleum LLC.
Dated: October 26, 1993
Lessor: Grass Mesa Ranch
Original Lessee: Snyder Oil Corporation
Recorded: Book 882, Page 879
Description: Township 6 South, Range 93West, 6th PM
Section 21: S2, S2NE
Section 28: E2E2, SWSE, NWNE
Section 33: E2SW
Acres: Containing 720 acres, more or less
Please be advised the above listed oil and gas lease is committed to the Grass Mesa Unit,
an active Federal Exploratory Unit. As such, oil and gas operations may occur on the
leased premises in the foreseeable future. Ballard Petroleum LLC retains its right to enter
upon the leased premises and explore for and produce oil and gas.
As a note, we believe the land description contained in the Special Use Permit
Notification is wholly inadequate. The notification failed to identify the lands by
Section/Township/Range as is customary.
Should you have questions or require additional information please do not hesitate to
contact the undersigned at the captioned address.
6.(zu,
ery truly yours,
e Owen, CPL
Senior Landman
Ballard Petroleum LLC
845 12th Street West • Billings, Montana 59102
phone: 406 / 259-8790 • fax: 406 / 259-3884