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HomeMy WebLinkAbout1.0 Application• • • GARFIELD COUNTY �Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www_garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: ,,, / %7, .-.,1, ; /<<-; < ,-,4 '-iv,,.!-7*1'r<s, (c. /(,�i (/%(9L) > Legal Description: ,.. 'e ,/L „_ ic,/ > Existing Use & Size of Property in acres: C,,,,,<,/;-, -?,,- < c,,--,'./ /!F `= / Description of Special Use Requested: / /I'- , / .mac/ ,A„ ,-.-<<,s ,5 r., L„' /._5 / ,, a 5 e., G' r r ,?' F'"' L` r c .iii_ ^ <- r- i / > Zone District: A > Name of Property Owner (Applicant): S7 z,/- j c / i <. > Address: {,; ' , . .57c,_ � Telephone: 92o 9 4/s - 4/v1d2 > City:/,-;-,, _ -. .:7/,,:i« State: , i Zip Code: :/%.-r FAX: 'c- 9/,`-�v > Name of Owner's Representative, if any (Attorney, Planner, etc): -, --// / /f ., -;. ,',-74//// 4 > Address: 572.-1-:____,,-,- ,s-,( i% F -tz, Telephone:.;'e z/.1,,is- City: F-,5/,-„,,, ,, State: , <-7 Zip Code: ^c i/� )�� FAX: 0.5- /-.57 STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: //] • Parcel Detail Garfield County Assessor/Treasurer Page 1 of 4 Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail Photographs Tax Area 004 Account Number R040108 Parcel Number 218503300034 Mill Levy 63.379 Owner Name and Mailing Address POW, INC 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPRINGS, CO 81601 Legal Description SECT,TWN,RNG:3-6--89 DESC: SEC. 3 NWSW SEC. 4 LOT 10, ALSO A TR OF LAND CON 2.93 AC AS DESC IN BLA BK 1355 PG 822. GLENWOOD CAVERNS BK:0338 PG:0224 BK:1804 PG:586 RECPT:698784 BK:1804 PG:583 RECPT:698783 BK:1605 PG:9 RECPT:655953 BK:1434 PG:765 RECPT:620360 BK:1355 PG:840 RECPT:603655 BK:1355 PG:837 RECPT:603654 BK:1355 PG:832 RECPT:603653 BK:1355 PG:826 RECPT:603652 BK:1355 PG:822 RECPT:603650 BK:1335 PG:866 RECPT:598705 BK:1335 PG:864 RECPT:598704 BK:0357 PG:0449 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218503300034 4/12/2007 Land: 1 Total: I Sale Date: I • Parcel Detail Page2of4 Location Physical Address: 6-89 SEC 3-4 Subdivision: Land Acres: 81.76 Section Land Sq Ft: 3 IO Township Range 6 -89 Property Tax Valuation Information Improvements: I Actual Value 350,000 1,889,490 2,239,490 Assessed Value 101,500 547,950 649,450 Sale Price: I Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 0 1 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218503300034 4/12/2007 1 Commercial/Industrial Building Occurrence 1 Characteristics 1 1 I TOTAL HEATED AREA: 117,352 I ABSTRACT CODE: IIMULTI-USE 1 ARCHITECTURAL STYLE: I MULTI -USE I EXTERIOR WALL: I FRM STUCCO I EXTERIOR WALL: 1 STONE VENR 1 ROOF COVER: I BUILT-UP I ROOF STRUCTURE: FLAT 1 INTERIOR WALL: AVG PANEL I INTERIOR WALL: DRYWALL FLOOR: I CARPET I FLOOR: I PNTD/CONC 1 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218503300034 4/12/2007 • Parcel Detail • HEATING FUEL: 11GAS HEATING TYPE: STORIES: BATHS: UNITS: YEAR BUILT: FORCED AIR STORIES 2.0 4 4 2003 Tax Information Tax Year Transaction Type Amount 2006 Tax Amount $41,161.48 2005 Tax Payment: Whole ($41,177.08) 2005 Tax Amount $41,177.08 2004 Tax Payment: Second Half ($22,079.03) 2004 Tax Payment: First Half ($22,079.03) 2004 Tax Amount $44,158.06 2003 Interest Payment ($14.14) 2003 Interest Charge $14.14 2003 Tax Payment: Second Half ($706.80) 2003 Tax Payment: First Half ($706.80) 2003 Tax Amount $1,413.60 2002 Interest Charge $28.90 2002 Tax Payment: Whole ($1,445.00) 2002 Interest Payment ($28.90) 2002 Tax Amount $1,445.00 2001 Tax Payment: Whole ($1,346.98) 2001 Tax Amount $1,346.98 2000 Tax Payment: Whole ($1,551.94) 2000 Tax Amount $1,551.94 1999 Tax Payment: Whole ($1,430.92) 1999 Tax Amount $1,430.92 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page Page 3 of 4 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218503300034 4/12/2007 • • • Parcel Detail • Page 4 of 4 The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2006 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http: «'A;G\ .garcoact.com,assessor/parcel.asp?ParcelNumber=218503300034 4/12/2007 • • • next generation networks www.wfinet.com April 16, 2007 LETTER OF INTENT FOR SPRINT/NEXTEL SPECIAL USE PERMIT Project: DN72XC564 POW/Iron Mountain Applicant: Sprint/Nextel 333 Inverness Drive South Englewood, CO 80112 Applicant Representative: Perry Carroll Site Acquisition Specialist WFI 333 Inverness Drive South Englewood, CO 80112 Phone: 303-435-2252 Fax: 303-721-3944 E-mail: perry.carroll@wfinet.com Site Address: 2 Iron Mountain Road Glenwood Springs, CO 81601 Parcel#: 2185-033-00-034 Zone District: Agricultural/Industrial Equipment Modification: Adding two panel antennas to the existing 35 foot guyed tower and install one panel antenna to the existing equipment building on a 15 foot pole mount. Request: Special Use Permit. • • • Proposed Installation: The modification of the existing telecommunications facility will consist of adding two panel antennas to the existing 35 foot guyed tower and one panel antenna to the existing equipment building. The two new antennas that will be placed on the existing guyed tower mounted at a rad -center of 34 feet. The new antenna that will be mounted on the existing building will have a rad -center of 15 feet above the roof. The three new antennas will consist of 15 inch, 32 inch and 56 inch panel antennas. The new BTS equipment will be placed inside the existing equipment building. No other external modifications of the existing site will be needed. Sprint/Nextel will be using existing power and telephone in the area to modify the site. Access to the site will be off of the existing access road to the compound. Hours of Operation and Access: The telecommunications facility is unmanned and runs 24 hours a day, 7 days a week. The site will be serviced approximately once a month by a Sprint/Nextel site technician driving a four wheel drive vehicle on the existing access road to the site. Please see site plan for more detailed information on modifications. Justification: To provide Sprint cell phone coverage in the area where it currently is unavailable. Modifying this existing site will minimize the visual impact in the area by adding antennas to the existing guyed tower and equipment build where antennas already exist. The proposed facility will be will be serviced approximately once a month by a Sprint/Nextel site technician. Conditional and Special Uses Section 503: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) No water and sanitation needed for a communications facility. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; • • • The communications facility will be accessed once a month by a Sprint/Nextel site technician. The existing access road will not need any improvements and will adequately accommodate the traffic volume created by the improvement of the existing communications facility. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Installing two new antennas on the existing guyed tower and installing one new antenna to the existing equipment building will minimize the visual impact in the area. By collocating on the existing tower and building a new tower will not be needed for Sprint to provide telecommunication service in the area. No landscaping or screen fence should be required due to the location of the communications facility. The new antennas can not be seen from any public roads in the area. Access to the site will be off of the existing access road to the compound. No lighting or signage needed for the communications facility. 5.03.13 Broadcasting Studio and/or Communication Facility: Such broadcasting studios and/or communication facility shall be approved by the Federal Communication Commission and the Federal Aviation Administration, where appropriate. (A. 84-78;97-60) 1. All facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission and any facility in compliance cannot be denied. Sprint/Nextel will comply with the rules and regulations set forth by the FCC and the FAA. 2. The co -location of telecommunication facilities on one site is encouraged and the denial of a landowner/lessor of the co -location of a site shall be based on technical reasons, not on competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co -locating such facilities. Sprint/Nextel is proposing to co -locate on an existing facility. 3. A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: (a) Use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment. Using the existing 35 foot guyed tower and equipment building to mount new antennas on will blend with existing communication facilities located on the same site. • • • (b) Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. The panel antennas that will be added to the existing guyed tower and building will be consistent with other panel antennas that are located on the other existing communication facilities located on the same site. (c) It is consistent with existing communication facilities on the same site. The addition of three new antennas will be consistent with existing communication facilities on the same site. Perry Carroll WFI, Site Acquisition Specialist For Sprint/Nextel 333 Inverness Drive South Englewood, CO 80112 1.11.:04/10/2007 12:17 9709452051 II- I ■ Pea • • GtAJ CAVERNS FAGE 01 LETTER OF AUTHORIZATION COUNTY OF: GARFIELD APPLICATION FOR ZONING/USE/BUILDING PERMIT As owner(s) of the below described property, does/do hereby appoint WFI, for Sprint/Nextel as agent for the purpose of consummating any application necessary to ensure their ability to use and/or construct improvements to the property leased, or licensed, to them for the purpose of constructing a communications site, T understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. 1/We hereby authorize the employees of the County of Garfield to enter upon the subject property during normal business hours as necessary to inspect the property for the purpose of processing this application. Located at: POW with an address of 2 Iron Mountain, Glenwood Springs, CO 81623 Assessor's Parcel. Number: 2185-033-00-034 Signature of Property Owner: Date: /07 • s • r 4 • Q) Q z -65 Z -Q Qi) N�� 6 � a) cB O O • z O co L. COIP_ O ami • -• Q � OCD • co o .coa) Ezc a o _ .s, a) a) a E O • a• mi E o \ \ Q)U' CD J J �, L R3 CI3 U J cty cB - a) oa E 0 vv azmmmmQ) E • ai siai i a oai .�a) QQ O 0 R3 • R3 Ct ft ft [t co C) Oo ct .y y J O J Q O O O J J Z O ▪ CC -Q Q O J U U a 0. (X tZ CC CC CC U ▪ Q to • List of Parcels, Names and Address Within 200 feet of Parcel 2185-033-00-034 2185-033-00-035 GLENWOOD SPRINGS, CITY OF 806 COOPER AVE GLENWOOD SPGS, CO 81601-3428 2185-033-00-036 CLAUDON, JOSEPH A. & CELINA PO BOX 1904 GLENWOOD SPGS, CO 81602-1904 2185-044-00-005 GLENWOOD CAVERNS INC 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPGS, CO 81601 2185-044-00-007 MOSS, LYLE R. & CATHY J. • 56 BRIAR HOLLOW LANE #5 HOUSTON, TX 77027 2185-041-00-963 BUREAU OF LAND MANAGEMENT PO BOX 1009 GLENWOOD SPGS, CO 81602-1009 • • s • Adjoining 8119-35 cul I • Parcel Detail Page 1 of 2 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 'fax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/CommercialImprovement Detail Land Detail 1 Photographs Tax Area 055 Account Number R040245 Parcel Number 218503300035 Mill Levy 59.886 Owner Name and Mailing Address GLENWOOD SPRINGS, CITY OF 806 COOPER AVE GLENWOOD SPGS, CO 81601-3428 Legal Description SECT,TWN,RNG:3-6-89 DESC: LOT 4(34.07), 6(37.88), NESW,NWSE, EXCEPT ROW I-70 DESC: & DRGW RR (NET 23.41A) TOTAL 128.54AC BK:0094 PG:0292 BK:0663 PG:0671 Location Physical Address: GLENWOOD SPRINGS Subdivision: Land Acres: 0 Land Sq Ft: 0 Section Township Range 3 6 89 Property Tax Valuation Information http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218503300035 4/12/2007 • Parcel Detail Page , of Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search Assessor Subset Quer v Assessor Sales Search Clerk & Recorder Reception Search Basic .Building Characteristics I Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area 004 Account Number R040030 Parcel Number 218503300036 Mill Levy 63.379 Owner Name and Mailing Address CLAUDON, JOSEPH A. & CELINA PO BOX 1904 GLENWOOD SPGS, CO 81602-1904 Legal Description SECT,TWN,RNG:3-6-89 DESC: LOT 3(24.80AC) BK:0518 PG:0416 BK:1648 PG:849 RECPT:665389 BK:1434 PG:765 RECPT:620360 BK:1335 PG:864 RECPT:598704 BK:0727 PG:0578 Location Physical Address: 217 ROSE BUD IRON MTN. GLENWOOD SPRINGS Subdivision: Land Acres: 24.8 Land Sq Ft: 0 Section Township Range 3 6 89 Property Tax Valuation Information http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218503300036 4/12/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information. Parcel Detail 1 Value Detail 1 Sales Detail 1 - Residential./Commercial Improvement Detail Land Detail 1 Photographs Tax Area 007 Account Number R330110 Parcel Number 218504400005 Mill Levy 54.959 Owner Name and Mailing Address GLENWOOD CAVERNS INC 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPGS, CO 81601 Legal Description SECT,TWN,RNG:4-6-89 DESC: A TR OF LAND IN LOT 5 & 7. EXCEPT A TR OF LAND CONT .14 AC +/- AS DESC IN BK 1107 PG874. BK:0992 PG:0216 BK:0992 PG:0214 BK:0984 PG:0219 BK:0273 PG:0533 BK:1804 PG:579 RECPT:698782 BK:1724 PG:747 RECPT:681842 BK:1724 PG:740 RECPT:681840 BK:1724 PG:738 'RECPT:681838 BK:1648 PG:856 RECPT:665390 BK:1648 PG:849 RECPT:665389 BK:1434 PG:765 R.CPT:620360 BK:1335 PG:864 RECPT:598704 BK:1213 PG:701 R CPT:571185 BK:1211 PG:659 R`C?T:570555 BK:1107 PG:874 http: ;www.garcoact.com/assessor-parcel.asp?ParcelNumbei=218504400005 4/12/2007 • Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail I Value Detail I Sales Detail I Residential /Commercial Impro vement Detail Land Detail I Photographs Tax Area 004 Account Number R040107 Parcel Number 218504400007 Mill Levy 63.379 Owner Name and Mailing Address MOSS, LYLE R. & CATHY J. 156 BRIAR HOLLOW LANE #5 HOUSTON, TX 77027 Legal Description SECT,TWN,RNG:4-6-89 DESC: LOT 6, ALSO A TR OF LAND CONT 6.24 AC AS DESC IN BLA BK 1355 PG 824. 1BK:0562 PG:0249 BK:1648 PG:856 RECPT:665390 BK:1648 PG:849 RECPT:665389 BK:1355 PG:840 RECPT:606655 BK:1355 PG:837 RECPT:603654 BK:1355 PG:832 RECPT:603653 BK:1355 PG:824 IRECPT:603651 BK:1355 PG:826 RECPT:603652 BK:1335 PG:866 IRECPT:598705 Location Physical Address: 6-89 SEC 4 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=218504400007 4/12/2007 • Parcel Detail Garfield County Assessor/Treasurer Page 1 of 2 Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information, Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 004 Account Number R040351 Parcel Number 218504100963 Mill Levy 63.379 Owner Name and Mailing Address BUREAU OF LAND MANAGEMENT PO BOX 1009 GLENWOOD SPGS, CO 81602-1009 Legal Description SECT,TWN,RNG:4-6-89 DESC: SEC.3 LOTS 1&2 SEC.4 LOTS 1&2 NWSE Location Physical Address: GLENWOOD SPRINGS Subdivision: Land Acres: 0 Land Sq Ft: 0 Section Township Range 4 6 89 Property Tax Valuation Information Land: Actual Value 0 Assessed Value 0 http: www.Qarcoact.com/assessor/parcel.asp?ParcelNumber=218504100963 4/12/2007 • • PUBLIC NOTICE TAKE NOTICE that POW Inc. has applied to the Board of County Commissioners, Garfield County, State of Colorado, for Special Use Permit, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: APPLICANT MUST COMPLETE LEGAL DESCRIPTION Practical Description: APPLICANT MUST COMPLETE PRACTICAL DESCRIPTION Pursuant to§3.01.03 and §5.03 of the Garfield County Zoning Resolution of 1978 as amended; this proposal is for a Special Use Permit to allow a `Communication Facility". All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on this application has been scheduled for the 2"d, day of July 2007, at 1:15 p.m., in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • May 3. 2007 WFI CIO Perry Carroll 333 Inverness Drive South Englewood, CO 80112 .. Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for a Communication Tower POW INC. Dear Mr. Carroll: This office is in receipt of the Special Use Permit request for a Communication Tower on a property owned by POW Inc. This letter is to inform you that the application has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. • This application will be reviewed by Staff and a report will be sent to you. The Board of County Commissioners will discuss and review the application at a public hearing scheduled on July 2nd, 2007 at 1:15 PM. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process, the Board of County Commissioners shall hold an advertised public hearing on the proposed Special Use Permit at a regularly scheduled meeting. The Applicant shall be solely responsible for the publication, property posting. and mailing of all notices. The Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: • 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 2. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 1 • • BUILDING & PLANNING DEPARTMENT 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. Please publish the appropriate Legal Description along with the enclosed suggested public notice. Please note, Staff has provided these documents as a courtesy. The Applicant must verify that all information provided in these documents is correct. It shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be estat:!ished Note: Please submit 10 copies of the completed application to this office no later than May 21st, 2007. If the copies have not been submitted by this date, your public hearing may be jeopardized. Do not hesitate to contact this office in the event you have any questions. Best regards, Craig Richardson Senior Planner 2 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • THIS WARNING BAR MUST HAVE A GRAY BACKGROUND WHICH FADES TEMPORARILY WHEN WARMED BY TOUCH OR FRICTION. ADDITIONAL SECURITY FEATURES ARE LISTED ON THE BACK. PAY TO THE O :")ER OF w"' WIRELESS FACILITIES, INC. ZONING AND PERMITTING ACCOUNT 4810 EASTGATE MALL SAN DIEGO, CA 92121 (858) 228-2000 DATE e -v t 1 %c`Ln ( Y co/ i co MEMO • • WELLS FARGO BANK, N.A. lJ 11'07500L11' I:L2L0002481: 412L32439611' 075001 41T(,_+ RECEIVED APR 1 7 2007 GARFIELD COUNTY BUILDING & PLANNING 11-24/1210 DOLLARS VOID AFTER 6 MONTHS CHECK AMOUNT NOT TO EXCEED 55,000.00 Please Send Applica on to the Following Referral Ag cies Application Name: 01" }. • o M . 4 c.: 1: t 1 Date Application Sent: 51/(0/0-7 • Mt. Sopris Soil Conservation District Bookcliff Soil Conservation District Town of DeBeque City of Rifle Town of Basalt Town of Carbondale City of Glenwood Springs Town of New Castle Town of Silt Town of Parachute Eagle County Planning Department Rio Blanco County Planning Department Pitkin County Planning Department Mesa County Planning Department Buming Mtn. Fire District Town of Silt Fire Department Rifle Fire Protection District Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -1 School District RE -2 School District School District l 6 Carbondale Sanitation District Battlement Mesa Metropolitan District Spring Valley Sanitation District West Glenwood Sanitation Distract • Mid -Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork, S. of Co. River west) Public Service Company (N of Co. River west) KN Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C' dale area) US West Communications (N.C.. Silt. Rifle) US West Communications (Rifle. B.M.. Parachute) AT&T Cable Service Colorado State Forest Service Colorado Department of Transportation Colorado Division of Wildlife (GWS Office: Canyon Creek East) Colorado Division of Wildlife (GJ office: Canyon Creek West) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colorado Geological Survey (Need prepay form) Colorado Water Conservancy Board Colorado Mined Land Reclamation Board Bureau of Land Management Department of Energy - Western Area Power Admin. Bureau of Reclamation - Western Colorado Area Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority Garfield County Road & Bridge (Dist. 1: Canyon Creek East. Dist. 2: Canyon Creek West and N. of I-70, Dist. 3: S. of I-70) Garfield County Vegetation (Steve Anthony) Garfield County Housing Authority (Ganeva Powell) Garfield County Engineer (Jeff Nelson) Garfield County Oil and Gas Auditor (Doug Dennison) Garfield County Sheriff Department (Lou Valario) Garfield County Attorney Engineering: Ditch Companies: ci 6(\ / 2-- C72_ 5- REFERRAL FORM Garfield County Building and Planning Department w8th Street, Suite 401, Glenwood Springs, CO 81601 0) 945-8212/Fax: (970) 384-3470 Date Sent: May 16, 2007 Return Requested: June 25, 2007 File Name(s) Project Name(s) Type of Application(s) POW, Inc. Special Use Permit Staff Planner: Craig Richardson (crichardson@garfield-county.com) Phone: (970) 945-8212 Applicant: POW, Inc. / Steve Beckley Phone: (970) 945-4228 ex. 113 Contact Person: Perry Carroll, WFI for Sprint/Nextel Phone: (303) 435-2252 Location: 2 Iron Mountain Road, Glenwood Springs, CO. / parcel # 2185-033-00-034 Summary of Request: Request is to add panel antennas to an existing Telecommunications Facility. 1'he Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Monday, June 25, 2007. GARFIELD COUNTY School District Eagle County Planning Department Ild & Bridge my Attorney Vegetation Manager County Sheriff's Dept. COLORADO STATE Water Resources Geological Survey (Fee) Health Department Forest Service (Fee) Wildlife Division SERVICE DISTRICT 11 S West Public Service Holy Cross Electric G.S./Carbondale Fire District Silt/New Castle/Rifle Fire District Soil Conservation District Planning Commission • • May 3, 2007 WFI C/O Perry Carroll 333 Inverness Drive South Englewood, CO 80112 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for a Communication Tower POW INC. Dear Mr. Carroll: As you are aware on July 2"d, 2007 the Board of County Commissioners approved the requested Special Use Permit to allow a Communication Facility on a property owned by POW Inc. with the following conditions: 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2) The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3) The communication facility shall be available for future co -location and the denial of a requested co -location shall be based on technical reasons, not on competitive interests; 4) The existing Sprint/Nextel communication tower, antennas, proposed modifications and all future modifications shall be painted a darker matte earth tone to reduce visual impacts; Best regards, Craig Richardson Senior Planner 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 m g o �; rm � N g. o 8 cu cu 1 a3 VIC < n 0 < Gto 1%9. 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RS CONSTRUCTION DOCUMENTS o 8N . • O,L „8/l:MOS NV -Id 211S 0 r mN z 00 0z C/)c z 0> (/) z Q co o 0) 0 0 7 • • • O 7 0 0 0 • 5• 8$ N —, o m T �i am SUBMITTAL BUILDING PERMIT CHK: RS APP'D: RS CONSTRUCTION DOCUMENTS 7 • • • O 7 0 0 0 • 5• 8$ Front Range Title of Downtown Denver, LLC 789 Clarkson Street, Unit 506 Denver, Colorado 80218 303-831-9091 Fax: 303-831-9092 TRANSMITTAL ORDER NUMBER: NF00250 DATE:March 16, 2007 Seller: POW Inc., a Colorado Corporation Buyer/Borrower: Sprint/NexTei Property Address: POW/Iron Mountain DN72XC564, Glenwood Springs, CO Lender: Designated Closer: Donna G. Hood Title Examiner: Nathaniel B. Fay (303) 434-2215 Cell Customer: Attn: Perry Carroll WFI 333 Inverness Drive South Englewood, CO 80112 Via: Email/PDF ENCLOSED PLEASE FIND: Copy List: Attn: Debra Spann WFI 333 Inverness Drive South Englewood, CO 80112 Via: Email/PDF TITLE INSURANCE COMMITMENT TAX CERTIFICATE COVENANTS/EXCEPTIONS/PLAT ENDORSEMENT TO COMMITMENT WE APPRECIATE THE OPPORTUNITY TO PROVIDE YOUR TITLE INSURANCE AND CLOSING NEEDS. COMMIT.FRM (COLORADO 6/1/2000) • PAGE 10 OF 11 American Land Title Association Commitment - Modified 10/73 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the landdescribed or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the, identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as"Effective Date." STENVAItiT TITLF. GUARANTY COMPANY LE Gbq`_ • A c Chairrnarr of the BoardQ �,oRPogi)'yj Countersigned by/ % =3; -*- �� 1; �': 1 9 0 8; 0 ' c i ' •' t QV` AruA"j„ko Authorized Signatory Ez A -r - -4%Front Range Title of Downtown Denver, LLC 789 Clarkson Street, Suite 506 Denver, Colorado 80218 165 1 President z eW'oj:: Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Front Range Title of Downtown Denver, LLC and Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 1 • CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect lien encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. Page 5 SCHEDULE A Order Number: NF00250 Commitment Number: NF00250 1. Effective Date: March 12, 2007 at 7:45 AM 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: Sprint/NexTel Amount of Insurance NONE B. ALTA Loan Policy NONE Proposed Insured: C. Proposed Insured: 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: POW, Inc., a Colorado Corporation 4. The land referred to in this policy is described as follows: SEE EXHIBIT A ATTACHED HERETO • Authorized Countersig COMMIT.FRM (COLORADO 6/1/2000) • Page 2 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued. ALTA OWNERS POLICY ALTA LOAN POLICY TOTAL $550.00 0.00 0.00 0 $550.00 STEWART TITLE GUARANTY COMPANY • • • Order Number: NF00250 SCHEDULE B -- Section 1 Commitment Number: NF00250 Requirements The following are the requirements to be complied with: 1. THIS COMMITMENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE TOTAL LIABILITY OF THE COMPANY HEREUNDER IS LIMITED TO THE AMOUNT PAID FOR THIS COMMITMENT. COMMIT.FRM (COLORADO 6/1/2000) Page 3 STEWART TITLE GUARANTY COMPANY SCHEDULE B -- Section 2 Order Number: NF00250 Commitment Number: NF00250 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. NOTE: Upon compliance with underwriting requirements, exceptions numbered 1-5 will be omitted from the Loan Policy to be issued hereunder. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Taxes for the year 2007, a lien, but not yet due and payable. 9. EASEMENT 30 FEET IN WIDTH FOR ROAD, GRANTED TO THE UNITED STATES OF AMERICA, RECORDED DECEMBER 23, 1969 IN BOOK 406 AT PAGE 510. (ACCESS ROAD) 10. LICENSE AGREEMENT FOR ACCESS AND COMMUNICATION SITE, GRANTED TO KN ENERGY, INC., AND ROCKY MOUNTAIN NATURAL GAS DIVISION OF KN ENERGY, INC., RECORDED JULY 29, 1988 IN BOOK 738 AT PAGE 594. 11. MEMORANDUM OF BUILDING OPTION AND LEASE AGREEMENT GRANTED TO COLORADO RSA NO. 3 LIMITED PARTNERSHIP, BY US WEST NEWVECTOR GROUP, INC., ITS GENERAL PARTNER, RECORDED FEBRUARY 13, 1997 IN BOOK 1009 AT PAGE 163, RECEPTION NO. 504576. 12. MEMORANDUM OF LICENSE AND ASSIGNMENT FROM POW,INC., TO WESTERN TELE- COMMUNICATIONS, INC., RECORDED AUGUST 8, 1997 IN BOOK 1029 AT PAGE 376, RECEPTION NO. 512099. 13. NOTICE OF EXERCISE OF OPTION BY COLORADO RSA NO. 3, LIMITED PARTNERSHIP, RECORDED AUGUST 21, 1997 IN BOOK 1030 AT PAGE 922, RECEPTION NO. 512607. 14. MEMORANDUM OF LEASE FROM POW,INC., A COLORADO CORPORATION TO JMB PROPERTIES, INC., RECORDED SEPTEMBER 17, 1998 IN BOOK 1088 AT PAGE 950, RECEPTION NO. 532388. 15. TERMS, CONDITIONS, STIPULATIONS AND PROVISIONS OF RESOLUTION NO. 99-09, GARFIELD COUNTY COMMISSIONERS, RECORDED JANUARY 5, 1999 IN BOOK 1107 AT PAGE 737. 16. AMENDED MEMORANDUM OF LEASE, RECORDED AUGUST 16, 1999 IN BOOK 1145 AT PAGE 290, RECEPTION NO. 550529. 17. MEMORANDUM OF AGREEMENT, BY AND BETWEEN POW,INC. AND NEXTEL WEST CORP. , A DELAWARE CORPORATION, RECORDED SEPTEMBER 27, 1999 IN BOOK 1152 AT PAGE 287. 18. CORRECTED MEMORANDUM OF AGREEMENT BY AND BETWEEN POW, INC. AND NEXTEL WEST CORP. RECORDED JANUARY 7, 2002 IN BOOK 1318 AT PAGE 678, RECEPTION NO. 595264. 19. EASEMENT DEED, RECORDED MARCH 11, 2002 IN BOOK 1335 AT PAGE 864, RECEPTION NO. 598704. (ACCESS ROAD) COMMIT.FRM (COLORADO 6/1/2000) Page 4 STEWART TITLE GUARANTY COMPANY Order Number: NF00250 SCHEDULE B -- Section 2 Commitment Number: NF00250 20. EASEMENT DEED RECORDED MARCH 11, 2002 IN BOOK 1335 AT PAGE 866, RECEPTION NO. 598705.(ACCESS ROAD) 21. MEMORANDUM OF AGREEMENT BY AND BETWEEN PITKIN IRON CORPORATION, GLENWOOD TRAMWAY, LLC AND GLENWOOD CAVERNS, INC. RECORDED MARCH 15, 2002 IN BOOK 1337 AT PAGE 599168. (TRAMWAY ACCESS) 22. TERMS, CONDITIONS, PROVISIONS AND FACTS CONTAINED IN AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT, RECORDED MAY 17, 2002 IN BOOK 1355 AT PAGE 822, RECEPTION NO. 603650. 23. EASEMENT DEED AND AGREEMENT, RECORDED MAY 17, 2002 IN BOOK 1355 AT PAGE 826, RECEPTION NO. 603652. (ACCESS ROAD) 24. EASEMENT DEED AND AGREEMENT, RECORDED MAY 17, 2002 IN BOOK 1355 AT PAGE 832, RECEPTION NO. 603653. (ACCESS ROAD) 25. MEMORANDUM OF EASEMENT DEED AND AGREEMENT, RECORDED AUGUST 29, 2002 IN BOOK 1381 AT PAGE 973, RECEPTION NO. 609783. (TRAMWAY ACCESS) 26. RIGHT-OF-WAY GRANT BY THE UNITED STATES, DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, RECORDED AUGUST 29, 2002 IN BOOK 1381 AT PAGE 977, RECEPTION NO. 609784. (ACCESS ROAD) 27. MEMORANDUM OF EASEMENT DEED AND AGREEMENT, RECORDED AUGUST 29, 2002 IN BOOK 1381 AT PAGE 985, RECEPTION NO. 609785. 28. TERMS, CONDITIONS, STIPULATIONS AND PROVISIONS OF RESOLUTION NO. 2004-56, BY THE GARFIELD COUNTY COMMISSIONERS, RECORDED JULY 15, 2004 IN BOOK 1605 AT PAGE 9, RECEPTION NO. 655953. 29. SPECIAL USE PERMIT, GRANTED BY GARFIELD COUNTY COMMISSIONERS, RECORDED JULY 15, 2004 IN BOOK 1605 AT PAGE 15, RECEPTION NO. 655954. 30. DEED OF TRUST FROM POW, INC., TO THE PUBLIC TRUSTEE OF THE COUNTY OF GARFIELD FOR THE BENEFIT OF PETER P. PREBBLE AND MARY E. PREBBLE, TO SECURE AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $1,000,000.00, DATED MARCH 8, 2002 AND RECORDED MARCH 11, 2002 IN BOOK 1335 AT PAGE 868. 31. ASSIGNMENT OF RENTS GIVEN IN CONJUNCTION WITH THE DEED OF TRUST REFERENCED ABOVE, RECORDED MARCH 11, 2002 IN BOOK 1335 AT PAGE 870. 32. DEED OF TRUST FROM POW, INC., ET AL.. TO THE PUBLIC TRUSTEE OF THE COUNTY OF GARFIELD FOR THE BENEFIT OF COMMUNITY BANKS OF COLORADO, TO SECURE AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $6,833,000.00, DATED OCTOBER 20, 2006 AND RECORDED OCTOBER 25, 2006 IN BOOK 1856 AT PAGE 286, RECEPTION NO. 709669. 33. ASSIGNMENT OF RENTS, GIVEN IN CONJUNCTION WITH THE DEED OF TRUST SHOWN ABOVE, RECORDED OCTOBER 25, 2006 IN BOOK 1856 AT PAGE 295, RECEPTION NO. 709670. 34. DEED OF TRUST FROM POW, INC., ET AL... TO THE PUBLIC TRUSTEE OF THE COUNTY OF GARFIELD FOR THE BENEFIT OF COMMUNITY BANK OF COLORADO, TO SECURE AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $300,000.00, DATED OCTOBER 20, 2006 AND RECORDED OCTOBER 25, 2006 IN BOOK 1856 AT PAGE 302, RECEPTION NO. 709671. 35. ASSIGNMENT OF RENTS GIVEN IN CONJUNCTION WITH THE ABOVE MENTIONED DEED OF TRUST, RECORDED OCTOBER 25, 2006 IN BOOK 1856 AT PAGE 311, RECEPTION NO. 709672. 36. DEED OF TRUST FROM POW, INC., ET AL... TO PUBLIC TRUSTEE OF THE COUNTY OF GARFIELD FOR THE BENEFIT OF COMMUNITY BANK OF COLORADO, TO SECURE AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $500,000.00, DATED OCTOBER 20, 2006 AND RECORDED OCTOBER 25, 2006 IN BOOK 1856 AT PAGE 318, RECEPTION NO. 709673. 37. ASSIGNMENT OF RENTS GIVEN IN CONJUNCTION WITH THE DEED OF TRUST SHOWN ABOVE, RECORDED OCTOBER 25, 2006 IN BOOK 1856 AT PAGE 327, RECEPTION NO. 709674 38. FINANCING STATEMENT FROM POW, INC., ET AL.. DEBTOR, TO COMMUNITY BANKS OF COLORADO, SECURED PARTY, RECORDED NOVEMBER 8, 2006 IN BOOK 1861 AT PAGE 46, RECEPTION NO. 710611. COMMIT.FRM (COLORADO 6/1/2000) Page 5 i STEWART TITLE GUARANTY COMPANY SCHEDULE B -- Section 2 Order Number: NF00250 Commitment Number: NF00250 39. FINANCING STATEMENT FROM POW, INC., ET AL.. DEBTOR, TO COMMUNITY BANKS OF COLORADO, SECURED PARTY, RECORDED NOVEMBER 13, 2006 IN BOOK 1862 AT PAGE 884, RECEPTION NO. 710976. r • COMMIT.FRM (COLORADO 6/1/2000) Page 6 • STEWART TITLE GUARANTY COMPANY Order Number: NF00250 Commitment Number: NF00250 DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Moritz Title Co. Grand County, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for the purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within the six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure; A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owners's permission. COMMIT.FRM (COLORADO 6/1/2000) Page 7 • STEWART TITLE GUARANTY COMPANY Order Number: NF00250 Commitment Number: NF00250 NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. • • COMMIT.FRM (COLORADO 6/1/2000) Page 8 • STEWART TITLE GUARANTY COMPANY Order No. NF00250 Commitment No. EXHIBIT A - LEGAL DESCRIPTION THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6T" PRINCIPAL MERIDIAN LOT 10, OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6T" PRINCIPAL MERIDIAN TOGETHER WITH ACCESS TO SAID PARCEL AS DESCRIBED IN CERTAIN EASEMENT DEED AND AGREEMENTS NOTED IN SCHEDULE B -SECTION 2 HEREIN AND ACCESS OVER ACROSS AND THROUGH THAT PORTION OF LOT 6, SECTION 4 TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6T" PRINCIPAL MERIDIAN DESCRIBED IN BOOK 20 AT PAGE 405 AND NOTED IN WARRANTY DEED RECORDED APRIL 27, 1964 IN BOOK 357 AT PAGE 449, COUNTY OF GARFIELD, STATE OF COLORADO. • COMMIT.FRM (COLORADO 6/1/2000) • STEWART TITLE GUARANTY COMPANY PAGE 9 OF 11 r • • TUN ISM;P•1). 11t4114• 1111 ; 1 i1 day of illttt'CII ib.' y• 11. or our Lord oat Ili .and hint' hundred and 4 i x Ly -f i. ur 1,0,t,',,: 1 1'. 1';i_.111tLI." anti 1tO .:11'1' 0IU6NN]•;1, of 1{1�g.; t'yy. and 0ounty of Denver, and .1x111. W11,41,4;ltty of Boulder a1d Nlnte „f 1',:1..l:oln. of the fir:d pail. alol Ne. n corporation organized and rti,.f iiig 1111111.1' and by vat 1ur of 1144' tics of the 818te of Colorado , i Il, ,1•4.1,11 1 NO: trc•.r der lad 'UltIll'-IS'S til'.1 WllNl:St41'II, That Ow 441141 part 1et r the first hurt, toy and "n cansideyntiun of the ,uln aP UOi.idlii and other good and valuable considerations .}{gat, I., 1i.,' said p:nl lea of no! first pod la hand paid by the xnid I,nl'ty of Nu• :aeund puri, lhr receipt whereof hi mod m•luunvh'J.ttJ, NI v@ gtant,d, bar aborti, srId and alnvey4441, and by thse pysrnts too 1:1.1111, I tin.iia, ::111, tunny mal eunfirnt, KILO the raid party of the uccund p:ui, 11 .% bilervt,ror, and assigns forayer, all :If lila f uIh.1,ind d••::rrillt•:I lot or patch of land, rituals, Tying and being in the C. ugly 1•1 Gar i1.: ld hobo soil, of role1.1.)0, Ilhc 1.1V4,1lir„ of .iection 3, and Lot 10 of iiection 4, in 'ip. 6 .1„ R. :id W. 6th P.M. 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I:,.hn.-„u'. 1. ,. 1 It I:.IIL.. '.'1 :n ::, ..1 . .,,. .1..:...• No. U'- �. QUIT -CLAIM HEED. -1049. -mw.. n,..., u,a,,,nr, '• •..•• r•u7su,ny .w,•w„•. ..,.+n. /hitt Peed, rllade thisdrey of : th.e year ar n our Lordone thousand eight hundred rnuT trylrt n'< t i BF.TTVkFY' (-• (fit /1 :: �� i • < t' of the County of 1t�`' `-'•-!,.z'a,(r ° and State pf. Colorado, o/ the first part, and 7 -1` i )r i of the County of : • t.___:':.L:._.. '___-_-.--....._-.—antl State of Colorado, of the second part, TTIT.\'TS.'E1'I1, tltat,/ht• said part (,'of the first part, for and in consideration of the sans. of.: ' I / ---r .7-- .f .•' t.! "�- to the said part/' of the first part in halal pah1,4/1 the said part(''of' lite second part, the receipt whereof is hereby confessed and oeknnu'letl;ted, ha,,: remised, rele.c.?ed, solrl, eonreyecl,:ruld OUIT.CL.3L11E1), and by these presents do :•••` 'remise, release, sell, convey and 1:/1.7IT-L'L.11.11 unto the said p(u•t1,' ofalio second purl,_•._._j.::.r'. ' _. heirs andilssiglly forever, all the ri''itt, title, interest, claim and deiuuul which the said part! . of Il ,11c4 part 14(4.i. in unit to the Allorrdne tleseribed._:_._,i.. __f'",_ -.._'.:.rr --- -_ situate. lying and being in. the f,'onn/1 of .' ' and State o/' Colon -101o, to ail , /. ,, 7 / t ♦ t. ° (rta''t( i(f l ` ( �” �n(-11',...,.",-e,•(..'/ IT, ^'••.((•�•' °t .. (.it.!r- �-- ./� ::.(t -J f ulP11. (,tfa/} �t,. ..r ` ., /.: E _-4. / (r .r r.',...C..,'_es : r,1_4r• it r/.ei :•i/r, • a-'.rC • I ... f • 41, I`/ i , l l(.� �. ,,r1 4...V., - t. .,r <, ,..-e (l .1-�.1' .f..i/ - » , (i (1, ,, `(i i[. - 'l P, !..<' (1( . .( r/ (r . (r . - _ J ...i., t. r'. j^,. . ( r- 41, ,,,'/C, '° �('t f (' r• i 1 ' e ..n i.'.... .-e--err! : /i!•w ' it i ' ,r. I .1 ` !•' (r,. • / , ./ .. a , .: t r• (. i ''1 . (' r rl • , r a. / " ; ( / t-+ ( ('1 ,, �n t r /r --I ,•• '' i /• > �' / _ l ' C._. ' j? i ri. '1• !`-1 •.(t ti (+r( 0. b .,lt i '. ^C,/t' 4 (t. _%_ I r_ !/ t c c .. 1 •el' r / c , t ! .. t , , I ( - 1•. r' ‘-•. . ' .! t r. ''''',.."''.•I. (.r ',! eta-' ".4:!4.4.4..r/,_,4 •ti.44 • • e? I i. (-a', .a I t t l. t•-•/' . . r •.1 ., e., *r, • r (: - et ,P-; r.'p .r ,...,,....:../..--..,,4.. ..-; "r.6,. t.� 'a'.; ,..1(c_i-.. (1 / /F ^ .I t(t • _ f '.4 '/ ' _I1 r../. !•T • r U-'n-(1-7_:,eir,,1 .., (' is' 0- ( y. 6;.`r a r - ` ' ry :.(f ri '. t t.(7 �. f ,.... ,' ,_,- ,.../ e.:(4--<.1, '.i; -. 1. i. _ATI:— A (tC t 7c+%i /(e / , _,. '4 't (a._,•- t F r' I t.-1 - t ' 1 1 • ...._,:f..4 '.f t.l . I / , I ,•t,•. t ,' 1 .a t_il yr /�•(t Y (-( ../ I(.'T,, Ao � t - t •t - _..•r .P , i c'e e (�, e "e 1 . .., / t :4. a 4 ./t. t r .c.... c- (t ././C.' -F ; t. r..< J ( .. �! t, (+ c , , R4�s---,, t Cc L t at t (..� '.'! ' Ci 7• .. 'l! t f r •ty.e•--cr.• .. f; f ` .. "!%.s ., ce e .f r (' /(, r `✓(, :�: Ii1-;.,t _ •.(.( L(r!. 4.. tc.a.G.. (lo ('_. .;-.0 -4.'-'-'-/-(`-- ./.- .-r-ri-t(.. a. e.Ce / r _tr. .e t -e.' 7` TO 1Ir1YE .1.ND TO I1OLD TILE S.4.11 -E, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all .the estate, right, title, interest and claim, whatsoever, of.aite said part,�1` of the first part, either in• law or equity, to the only proper use, benefit and behoof of the said part'/ of the seconl•part, _; ._!_)_ ,::h.eirs and assigns forever. IN 1]IT0 ESS iVIIER.hOF, the said part1' of the%first part 11.a :hereunto sCt.._ _lt'-4.—__.____—.han(_and seal lite. day and year first above written. ..,K i / SIGNED, SEALED AND DELIVERED IN PRESENOE Or STATE OI COT OI-tX]UC>.1 ' ► F (t r•` i 'lt 7 c ' ((. (N n County of . it•_. in and for sail Cottuty, fitthe State aforesaid, do hereby certify that ..:___C_ + •r .( • rCt ` i'/ 1 1 tpasonully Lpawnto menet-the person nlso name ., �:•,:__gtiLsrribed to the rieuii :I e Deed, appeared befro me this day iri person, andacknowled;Jed that _.L_r. .'._._ ._.--___sighedth , sealed and delivered` e said iii..t1•n'lllent (f writing' ars 4(.,. __.. free and voluntary aot, for the uses aul purposes therein set forth. - • t. (liven under my hand and ' 4 e• • rt.,,sead, this .7r1 __- ___day of.? .:. • . '' c 11. 1). 15 re<i Iiy r Cohl.rttission expires - — 18 ttl• (t.r( '(,t, 1,..• r' Filed for I'arscad the . f -. day nf. � f_ -C', -----_-----T.- 1. D. 1 (-1..o'cloclo ,•r. Ty Deputy.. RN' y' Page 510 'Regarded at f1 r 1Q. A.M. Aeeen er 23, 1969 . ,... Reception No. ~245143 tl iec.:` sesen,Rpea 'der., �ASEMfr T THIS EASEMENT, dlted thI r fon A an a etl * 41, 4 4';. and fully autharlxeds o do'b„etaliet' here 1nafter egille ,.�! dn'Cpr•n tO, herolnaf;te>~ GM. .,gAs Grarl.tor, far: and lntoonald iriitla: a received .hy `Granfor, doe's hat4O i rOn: 'an ':eosement 30 feat` Ic>r ;width-, for a roe: the fol I ow t ng deacr4I�b#d btencle" i rrthcz o Colorado; Lot 10 of Section .4, T• 6 5.,:R`+ $9,W.. 6 The centerline thereof being more phrticidereaorlll!¢d i11 follows: seg i nn I ng at a pint on'the south side of :'I.at '1 af. Sedlt ion 4, T. 6 S., R. 139 W,, 6th P.M., from whlcta4p1Dtthe sO tth quarter corner of Section 36., T. _ 5 S., R. ;1'q' W, 6th .?IN., bears N. 34° .43' W,, 1545.6 fact; thence, `S1;'7.'t' E,.`, 3.0 feet; thence, S. 25° 29' W, , 247,5 feast 'to, a Dei nt ;gn the west side of Lot 10, from which point the south quarter corner of Section 36, T. 5 $., R, 89 W., 6th P.M.,"benr;e< N. 26° 25' W., 1487.2 feet. Beginning again at a point on the west slde':of. Lot 10, from which point the south quarter corner ofSect"lon 36, T. 5 S., R. 89 W., 6th P.M., bears N. 23° . 01' W.,- (648,7' feet; thence, N. 47° 37' E„ 135,3 feet; thence, N. 470. 25' E., 216,1 feet; thence, N, 63° 24' E,, 144.'1 feet; thence, N. 23° 58' E., 106,2 feet to a point: on the north side of Lot 10, from which point the south quarter corner. of Section 36, T, 5 S.', R. 89 W., 6th P.M., -beers N. aa° 22' W., 1556.8 feet. The above described right-of-way has a total length of 852.2 feet, and contains 0.59 acres, more or less. The boundary lines of said easement shall be prolonged or short- ened to begin and end on, and conform to, the property lines. The acquiring agency is the Forest Service, Department of Agriculture. If for a period of five (5) years the Grantee shall cease to use, or preserve for prospective future use, the road, or any segment thereof, or if at any time the Regional Forester determines that the road, or any segment thereof, Is no longer needed, the ease- ment traversed thereby shall terminate. In the event of such non-use or of such determination by the Regional Forester, the Regional Forester shall furnish to the Grantor a statement in recordable form evidencing termination. IN WITNESS WHEREOF, Grantor has hereunto subscribed its name and affixed its corporate seal on the day and y:) first above written. ,/ Z(,! ATTEST The feregovig, i rrstrument was •aalot W i adj me th I s a . day of I9404, by 4 4rg4j c• WITNESS myhand and off fetal deaf.' Recd MJ,t5Oo'c$ockM. JUL 2 9 igiR '' Reception No.3941,52 titiALRDAILDDALSDOCIF# RECORD:1 738 mE594. LICENSE AGREEMENT THIS LICENSE AGREEMENT, made •this r day of , 1988 POW, Inc., 5155 Raleigh Street, Denver, Co orado 80212, herein ter called "Licensor", and Rocky Mountain Natural Gas Division of K N Energy, Inc., P. O. Box 700, Glenwood Springs, Colorado 81602, hereinafter called "Licensee". • WITNESSETH: 1. For and in consideration Of the Agreements hereinafter contained and the payment hereinafter mentioned, Licensor hereby grants to Licensee the • unassignable license to use a plot of ground for a passive communication site, said plot to be approximately twenty by twenty feet in measurement, and access to site by use of existing road located in the Northwest 1/4 of the • Southwest 1/4 of Section 3, Township 6 South, Range 89 West, and Lot 10, Section 4, Township 6 South, Range 89 West, Garfield County, Colorado, said road and site being situate as shown on the attached legal description, Exhibit A, within the boundary lines of the Licensor's property. It is understood the Licensor will have the right to change the location of the road at any time if.. the grade or access to the site are not substantially altered, at Licensor's expense, without the approval of the Licensee. This License is not exclusive, but the road can be used by the Licensor and any other person or corporation to whom it grants the privilege, but the Licensor agrees it will not grant anyone the right to block the roadway, but only the right to • use it as a means of ingress and egress; 2. The term of this License shall be for a period of two (2) years from and after the date hereof, thereafter renewable for successive two-year license agreements; 3. Licensee agrees to pay Licensor the sum of Two hundred dollars • ($200.00) per year, and will pay the sum of Four hundred dollars .($400.00)a consideration for the two-year period from the date hereof; • 4. • During-constrUtiiOn tit the -passive communication site for the.. • , . . Licensee in Lcit 10, Licensee shall have the right to.use thetoadway only for the purpose of ingress and egress as a meansof:readhing and returning from the site. Also, the.exiating vegetation shall be protected fromunnecessary damage and 'care taken to.preventany fires. A11 debris and leftover:materials TesUlting.from construction of the•site•shall be removed and disposed of off the property of the Licensor'. At the completion of construction sue' right of way.shall be used only by caretakers or maintenance men specifically authorized to use such roadway by Licensee. Licensee shall be responsible for maintenance of the road, at its own expense, to its own satisfaction from a point 25 feet south and west of Licensor's cabin located on Lot 10, Section 4, Township 6 South, Range 89 West, Garfield County, State of Colorado. Licensee agrees to hold harmless and.indeMnify Licensor from all acts and Omissions of • agents, employees, subcontractors,and/or guests of Licensee, on the above- • described.property; . • 5. Licensor has the-rightto.maintainthe existing gates across said roadway, and to install other gates as Licensor deems necessary in connection with its operations or development of its property. Licensee agrees to close each closed gate immediately when such.gate•is used by persons acting under Licensee. Licensor shall also have the right to install locks on any gates across said roadprovided it supplies.Licentee with one key therefor; 6: In the case of any material brear:e:of this Agreement by Licensee, • Licensor shall have ths right on ten .(10) days written notice to Licensee to • • terminate this.license and retain any considetatiOn received herefoT as liquidated damages. At the time of giving such notice, if the default has caused Licensor any damage, an itemized statement of such damage shall be supplied to Licensee with the notice and same shall be paid within the ten (10) day notice period or the right to use such roadway shall cease. If • ' Licensee believes the damages claimed are excessive, it shall have the right • to pay the same into Escrow within the ten (10) day period and thus avoid the • termination of the License. Notice to Licensee hereunder may be given by mail • addressed to Rocky Mountain Natural Gas Division of K N Energy, Inc., P. 0. Box 700, Glenwood Springs, Colorado 81602, and shall be conclusively deemed received two (2) days after mailing; Pagel of 2 • BirK 738 ? 3E595 7. This Agreement shall be binding upon 'tthe successors --and assign's o 'the parties. hereto. .. • Dated the 4ay.and year. first hereinabove written. • STATE OF . Ca -it, a4 COUNTY of: zt(�-,:ate ) ss Secretary By POW, The foregoing in rument:was acknowledged before me this ��� �` day of , .19e4 by . *1-e r 1 ?fir' J bJe. as .. `Presidents and / fir y/,/,/as My .coinmlssi�n expires Secretary of:.POWi. Inc. ?'ll •� C Z Ndtary Public Address: /' 7> 'Gg.6.- . a , do e, / Attest ., Rock' • nta Natural Gas. 4_ Secretary. Divi o• K N Energy, Inc. STATE -OF Cn\w COUNTY Oa��tvSn;'. .). foregoing..instrument•.was•`acknowledged before me this day of . AZ►: by •Laa+ . 1\p>> . President :and as Secretary of Rocky Mountain Natural Gas Division of:K N Energy, Inc. President DO My commission expires Address: Notary Public CZ QY Page 2 of 2 ' • 1 i:t ( 738 pm596 EXHIBIT.A ,COMMUNICATIONS SITE DESCRIPTION .A parcel.of land situated in the'NE,1/4' SE 1/4 of Section 4-, Township.6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said•parcelbeing more, particularly described.as follows: Commencing at the SoutheastCorner of Section 36, Township 5 South, Range 89,, West; thence S.25°15'34"W. 2228.23 feet to a pointbeing on the northerly line of said Communications Site, the True Point of Beginning; thence S.78°34'59"5..13.74 feet to a.rebar and cap L.S. #19598 in place; thence S.11°25'01"W. 20.00 feet to a rebar and cap L.S. #19598 in plane; thence N.78°34'59"W. 20.00 feet to a rebar and cap L.S. 1/19598 in place; thence N.11°25'01"E. 20.00 feet to a rebar and .cap L.S. X119598 in place; thence S.78°34'59"E. 6.26 feet to the True Point of Beginning, said parcel containing 400 square feet, more or less. EXISTING ACCESS' ROAD DESCRIPTION A strip 'of land situated in'the.NE 1/4 SE•1/4 of Section 4 and the NW 1/4 SW 1/4 of Section3, Township .6`•South, Range 89:West of the.Sixth Principal. Meridian, County of Garfield, State of..Colorado, the centerline of which is'.. described as foliowsc, • Commencing at the Southeast Corner of Section 36, Township 5 South, Range 89 West; thence S.25°15'34"W. 2228.23 feet to a point being on the northerly line of said Communications Site also being a point on the centerline of an existing access road. the True Pointof Beginning; thence the following eighteen (18) courses along said centerline: 1.) N.09 °04' 44"W. 27.50 feet; . 2.) N.75 ° 16'23"E. 49.83 feet; .. : 3.) S.86°45'41"E. 43.57 feet; 4.) N.65°38'09"E. 66.18 feet; :.5.) N.41°21'35"E.: 53.56 feet; 6.).N.36°27'48"W. 42.81 feet; 7.) N.13°48'47"W. 49.97 feet; 8.:) N.03°20'28"E. 101.40 feet; 9.) N.02°07'35"W. 57.43 feet; 10.) N.04°21'07"E. ". 66.83 feet; 11.) N.35°53'56"E. 40.21 feet; 12.)"N.62°33'28"E. 76.56 feet; 13.) N.35°22'19"E. 115.49 feet; 14.) N.45°32'15"E. 97.38 feet; 15.) N.29°50'36"E. 83.48 feet;. 16.) N.35°57'32"E. 82.32 feet; 17.) N.17°36'09"E. 61.74 feet; 18.) N.07°39'50"W. 108.48 feet more or less to a point on the northerly line of the NW 1/4 SW 1/4 of said Section 3, the Terminus (from. whence said Southeast Corner of Section 36 bears •N.23°58'44"E.1167.18 feet). • 1111111111111111111111111111111111111111111111111111111 504576 02/13/1997 04 10P B1009 P163 525 1 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER PROJECT NAME: CO3 IRON MTN-1 FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: U S WEST NewVector Group, Inc. Real Estate Department 7028. S.- Clinton. Street Englewood, CO 80112 IP DC9700704 ORIGINAL MEMORANDUM OF- BUILDING OPTION AND LEASE AGREEMENT This Memorandum dated this +4, day of October, 1996, by and between POW, Inc. ("hereinafter Lessor") and Colorado RSA No. 3 Limited Partnership, by U S WEST NewVector Group, Inc., General Partner, 3350 161st Avenue S.E., P. 0. Box 91211; Bellevue, Washington 98009-9211 ("hereinafter Lessee"), is a record of that Building Option and Lease Agreement (hereinafter "Agreement") between Lessor and Lessee dated October /S , 1996, which Agreement includes in part the following terms: 1. Leased Premises. The Agreement pertains to real property consisting of approximately 171 square feet of interior building space and approximately 400 square feet of ground space, which are described in Exhibit "A" (hereinafter "Premises") which is attached hereto and incorporated herein by this reference. 2. Term of Agreement and Options to Extend. The initial term of the Agreement is for a five-year (5) period commencing on the date the Option is exercised by Lessee. Lessee has options to extend the Agreement term for four (4) consecutive five-year (5) periods. Lessee may, under certain conditions, elect to further extend the term thereof-. 3. Successors and Assigns. The terms,. covenants and provisions of the Agreement extend to and are binding upon the respective executors, administrators,' heirs, successors and assigns of Lessor and Lessee. MOBOLA-3/INTERIOR-GROUND 8/1 /95 • Page I 0 0 8 z in H M 0 o. w rn w 0 �tr) '-I M 0 co '-1 I O �rn 001 0 fn rnfi) _ ?l 1111111111111111111111111111111111111111111111111111111 504576 02/13/1997 04 10P 61009 P164 525 2 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER 4. Ratification of Lease. The parties by this Memorandum intend to record a reference to the Agreement and do hereby ratify and confirm all of the terms and conditions of the Agreement and do hereby declare that the real property described in Exhibit "A" attached hereto is in all respects subject to all of the applicable provisions contained in the Agreement. LESSOR NAME: POW, Inc. By: Its: /9%'-e ""('n/e'r Date: U C ��/ c/ir /65 /7/ LESSEE NAME: Colorado RSA No. 3 Limited Partnership By: U S WEST NewVector Group, Inc. General Partner By: Its: ;;orrnrntn Real Estate Manager Date: IZ -20-'9b MOBOLA-3/INTERIOR-GROUND 8/1 /95 • Page 2 111111111111 111111 11111111111 111 1111111 111 1111111111111 504576 02/13/1997 04;10P 81009 P165 525 3 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER PARTNERSHIP ACKNOWLEDGMENT • STATE OF WASHINGTON ss. COUNTY OF KING On this 20 day of 409 ' , 199 to , before me, the undersigned, a Notary Public in and f r the St to of -/ ashington, duly commissioned and sworn, personally appeared _ _. V. Iii..// , to me known to be Cnrpora'^ Real Estate Managef of U S WEST NewVector Group, Inc., the general partner of Colorado RSA No. 3 Limited Partnership, the partnership that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and-on.oath.stated.that. he/she/the_y. is/arP ailrhnrized. to execute the said instrument. IN WITNESS WHEREOF, 1 have hereunto set may hand and affixed my official seal the day and year first above written. v • • 5 y • 'ary Pub c in a d fel residing at My appointment the State of Washington fres: 12-20-11 MOBOLA-3/INTERIOR-GROUND 8/1/95 Page 3 111111111111 1111111111111111111111111111111111111111111 504576 02/13/1997 04 10P 81009 P166 525 4 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER CORPORATE ACKNOWLEDGMENT • STATE OF COUNTY OF JLU -t • • ) ss. On this / 9 day of o(' 1 , 1996, before me, the undersigned, a , duly commissioned and Notary Public in and for the State of e-1 , to me known to be the sworn, ersonalty peared Pu r r ' 7) -.,F S'iel et, f of POW, INC., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NotaryPublic in:land fo he State of residing at - -1 My appointment expires: - ,) 1- ..2,(:)C C� • • * 3J 1 r , •'-'' t'1.0 t 1 :'v I! MOBOLA-3/INTERIOR-GROUND 8/1/95 Page 4 9700704 - 01/06/97 16:00 - RETA A CRAIN DOUGLAS CO. COLO. CLERK -& RECORDER - P1838 11111111111111111111111 llmllHh1uillFH1tIIII1• 504576 02/13/1997 04:10P B1009 P167 525 5 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER EXHIBIT A PAGE 1 of 2 [ /7") 1 Rik \' l ,. 'i •i' 1 20' wide ingress/egress easement to be secured from. siia: approximately 171 square feet+ , �lr interior space and 400 square the B1M ay,�A �, '-)- fear .:xterior space 120'x20' �.j q +,r + -.4,-941. for tower' P4 t-.1:::1-1,:::. \ �; ,�.. ..'.• Iia •N •,• �s���, 1` ,1 1J4 11-1 , ., ,.: .,. „.•,.. , ,, • , . .„ .___. r_,. J. • .t• ., , .i . r •. t :' .:. ,_r-7.- • . ti 11'.x . •. i : r I ood Springs • ,.,-• 1 ! l. ..t ft l'�•.'-111: •' 'kAllib il, •` 8 1 ••;•- 1,i... is �.«4 ...,4../.-..2..;•.: ,,.. ,..j,l `� �••1�!4• 1 - 1 8 •i ." _,,_.. 1 •1 `` l',f f IN t.-' / t.. ,.. 1. 1 i • 1 i �i'Ili. 1 1 i`.. "..1••. 1. 1 UFri ti„.`��` ..1 ' .1 `gyp{; .'s ;. �� f ,.s Legal Description, + + ;l r NW 114 SW 1/4, Section 3, Lot 10, Section 4. Township 6 South. Range 89 .-. West of the Slxth Principal Meridian. • 1111111111111111111111111111111111111111111111111111111 504576 02/13/1997 04.10P B1009 P168 525 6 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER SKETCH COMM SITE GLENWOOD SPRINGS, CO Scale 1 inch • 20 feet The Premises 644 fr io BM 2.0' Prem"leee— Additional Notes: interior space approx. / It (1) Premises includes 9'10" x 9'10" x 18'8' .J r 18'8" in existing equipment building ) (2) All measurements are approx imate f (3) Any necessary utility easements vill be shown on the survey 10 THE PROPERTY i:acruinanded Ant_ Site AILernete Ant Site s `JEXTEL Xmit. Ant_ •1 1 V X1oter Ant -M Xlat_er Ant. KJOY fronsloLor 81d0 and HolH Cross Ant. Tower NEXTEL Receive Ant_ 3 f V&FM Receive Ant_ 3 ones West. Ant. FM Ar :0 Bower Line Pola POW, Inc October 3. 1996 EOIIBIT A PACE 2 of 2 9700704 - 01/06/97 16:00 - RETA A CRAIN DOUGLAS CO. COLO. CLERK`& RECC0RDER B1399 - P1840 - $35.00 • 1111111 Iilll 111111111I1111111111 IIIIIII III 1111111111111 504576 02/13/1997 04 10P B1009 P169 525 7 of 7 R 36.00 D 0.00 N 0.00 GARFIELD COUNTY CLER This Addendum is hereby made a part of and incorporated into the Building Option and Lease Agreement dated ti October,1996. Project name: CO 3 Iron Mtn. -1 Project No. 1723416064 ATTACIIMENT RULES AND REGULATIONS The following rules and regulations apply with respect to the operations conducted on the property leased from POW, Inc. 1. Tenants eball limit their access to and use of the property to going directly from the gate to their assigned apace in one or more of the buildings and to their antenna. The property contains many natural and man made hazards which could cause damage and injury to unauthorized persons. 2. Tenants shall close and lock the gate to the property at all times in order to prevent unauthorized access. Report any unauthorized entry or vandalism to POW, INC. upon discovery. 3. Each tenant has been issued two (2) keys to the property. Such keys are not to be duplicated or loaned to any other person. Contact POW, Inc. if you require additional keys. Limiting access to tho property is for the protection of all tenants. 4. Tenants shall not, and shall not allow any other person or persons to hunt or trap any wildlife on the property whether or not such person has a valid hunting license. No firearms shall bo allowed or discharged on the property. 6. Tonanta shall not build or allow any fires on the property. 6. Tenants shall not make or permit any alterations to any of the buildings or other improvementa on the property without the written consent of POW,Ioc. 7. No batteries, corrosive, or flammable materials shall be brought into or stored inside any building without the written consent of POW, Inc. And any backup batteries shall be sealed and the area in which they are installed shall be vented to the outside. 8. These RULES AND REGULATIONS may modified by POW, Inc. upon thirty (30) days written notice unless emergency conditions might exist which require more prompt attention_ 9700704 - 01/06/97 16:00 - RETA A CRAIN DOUGLAS CO. COLO. CLERK & RECORDER B1399 - P1841 - $35.00 - • 1.111111.11111.111111111111.111-1lige--IIII11I-III-!ILII-IIII-IIII- 512099 08/08/1997 02:11P 81029 P376 213 1 of 1 R 6.00 D 0.00 N 0.00 GARFIELD CLERK MEMORANDUM OF .'t`.E21 Il: ANO ASSIGNMENT This Memorandum of License and As:' :!.tine.- is entered into us of the 2' day of January, 1997, by and between POW, INC ("Licensor") whost ulclr. ; is 5155 Raleigh Street, Denver, CO 80212, and WESTERN TELE-COMMUNCIATIONS, INC a Cm:wado corporation, ( "WTCI, Colorado"), with a business address of 5619 DTC Parkway, Engkw „al, ( toradu 8011 I 1. Pursuant to a License dated \I ire l 1 1996, ("License"), Licensor granted WESTERN TELE-COMMUNCATIONS, INC. a Delaware; co. por.ition, ("WIC%, Delaware") the right to use an access road located in: Township 6'�uuth. knngg 89 West, 6'" P.M. Section 3: NW ',t \\, '/4 Section 4: 1.•� 10 Garfield County. (1•i for t1;c purposzs of ingress and egress as a me •ns of reaching anti returning from the passive site tit. Licensee in Section 4. The term of said l,iccn•t• is 1++o (2) )'ears beginning March I, 1996 and ending February 28, 1998 . 2. On December 30, 1996, WTCI, 1)el,t++'are changed its name to TCI Digital Center, Inc., and on January 14, 1997, TCI Digital Center, lnc ehaut'ed its name to National Digital Television Center, Inc. ("NDTC" ). WTCI, Colorado has agreed to assume all of the rights and obligations of the License under an Assignment and Assumption to be effective January 2, 1997 ("Assignment"), and assumes all rights, duties, obligations and liabilities as Licensee under the License and agrees to perform, fulfill and discharge all rights, duties and obligations ural:r the License including all payments required by the License, and WTCI, Colorado shall comply with all the terms, conditions and provisions of the License. as if originally named in the License. The purpose of this Memorandum is to give notice of the existence of said License and the existence of WTCI, Colorado tis lawful successor in interest under the License pursuant to the Assignment. POW, INC. By. _ Its : __— STATE OF /J„ COUNTY OF wiiS'TERN TF..1.fi-COMMUNICATIONS, INC. a Colorado corporation t Its. '._.t'' • ki • ) )'s. • r� On this / day of _ , 1997, before tar), b; 44��1• Public in and for said County and f ate ersonaily appeared /.:. . (1 17 .4c E` known to me to be the person (s) described in and who executed the ft regoing instrument and acknowledged to me that (he)(she)(they) executed the same for the purposes therein contained. ;11Vilti4ss.tipOili ci and official seal. a Notary •` � " `,� .. STATE -or COLORADO COUNTY OF ARAPAHOE • ' 1141 I /1 � A t°ieitnrr 1'Ublte 1\1v Commission Expires — /6' y )ss. 25th,I.,... of Juay . 1997. before me, the he it ,,tl::yr,�her d that on this_ undersigned, a Notary Public, duly commissioned. in and for the County and State aforesaid, came C. C. Thomas the Senior Vice President____ of Western 'fele-Communications, Inc., a corporation of the State of Colorado, personally known to me to be such officer, and to be the same person who executed as such officer the foregoing; instrument of writing in behalf of said corporation, and he duly acknowledged the execution of the same for himself and for said corporation for the uses and p1t riloses,thcrein set forth. I. , '''' ''�'f'N..WI1'NESS WI IEREOF, I have hereunto set my hand and official seal on the day and year last 'r • •,—NT1t)akf IfY4'rtt£Jl. r: i..,, C J , i • '1 a Notars Public My Commission Expires 9/2/98 FILED FOR RECORD AT THE REQUEST OF: AND WHEN RECORDED RETURN TO: US WEST NEWVECTOR GROUP REAL ESTATE/PROP MNGMT. 3350 161ST AVE. S.E. M/S 223 BELLEVUE, WA 98009-9211 CO3 IRONMTN-1 1111111111111111111111111111111111111111111111111 512607 08/21/1997 03:24P 81030 P922 466 1 of 5 R 26.00 D 0.00 N 0.00 GARFIELD CLERK NOTICE OF EXERCISE OF OPTION On October 18, 1996, Colorado RSA No. 3 Limited Partnership as Optionee/Lessee, and POW, Inc. as Optionor/Lessor, entered into a Building Option and Lease Agreement of which a Memorandum dated October 18, 1996 was recorded February 13, 1997 under recording No. 504576 in the records of Garfield County, State of Colorado. The Building Option and Lease Agreement concerns the property described on Exhibit B which is attached hereto and incorporated herein by this reference. On July 1, 1997, the Option was exercised and the Optionee/Lessee, Colorado RSA No. 3 Limited Partnership became Lessee of the property under the terms and conditions specified in the Building Option and Lease Agreement. Optioneessee: Colorado RSA No. 3 Limited Partnership • By: U S By: Group, Inca Its: Wire ess Technical Services Manag Date: 7-x-97 • 1111111111111111111111111111111 II1IIII11111111111II I1II 512607 08/21/1997 03:24P 81030 P923 466 2 of 5 R 26.00 D 0.00 N 0.00 GARFIELD CLERK PARTNERSHIP ACKNOWLEDGMENT STATE OF WASHINGTON ) SS. COUNTY OF KING On this E day of July, 1997, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Michael A. Cummings to me known to be Wireless Technical Services Manager of U S WEST NewVector Group, Inc. the general partner of Colorado RSA No. 3 Limited Partnership, the partnership that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . o • Notary 8/1/95 Nota Public in a d for the State of WA residing at King County /� ��,q My appointment expires: "�// 110111° 11111 111111 111111 1111 111 1111111 111 11111 1111 1111 E�"512607 08/21/1997 03:24P 61030 P924 466 of R 26.00 D- 0.00 N-0.00-GARFIELD_ CLERK Uri Contra Ltd. Eriiiiiiiimad.rm Consulting Engineers + Land Surveyors 8795 Ralston Road Suite 240 0 Arvada CO 80002 PN 303-431.0505 Fan 303-431-7176 ■ PO Box 3719 48 E Beaver Crew Blvd Avon CO 81620 PH 970845-01?5 an 970-845-9763 ■ e mail CONTRALTDCa0l. coni • (b 0f 3 PROJECT : CO3-IRONMTN ALT 1 Project Number: 1723416064 Town of Glenwood Springs Garfield County State of Colorado PREPARED FOR: AIRTOUCH CELLULAR INC. 3350 161st AVE. N.W. BELLEVUE, WA 98009 (206) 603-2144 1982 1997 15 YEARS 0 F EXCELLENCE Contra Ltd. ENGINEERS + SURVEYORS LEGAL DESCIRPTION: THE NW % OF THE SW'/ OF SECTION 3, AND LOT 10, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6th P.M.; GARFIELD COUNTY, STATE OF COLORADO. LEASED PREMISES: BEGINNING AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, FROM WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS N3°08'E A DISTANCE OF 1089 FEET AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE S73°46'16"E, 647.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE N47°15'46"E, 15.00 FEET; THENCE S42°44'14"E, 15.00 FEET; THENCE S47°15'46"W, 15.00 FEET; THENCE N42°44'14"W, 15.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 225 SQUARE FEET. COAX CABLE EASEMENT: A -STRIP OF LAND -10 FEET WIDE_WHOSF CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE 15' X 15' LEASED PREMISES FROM WHENCE THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEARS NORTH 73°46'16" WEST, A DISTANCE OF 647.61 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LEASED PREMISES SOUTH 42°44'14" EAST, 12.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47°15'46" WEST, 40.38 FEET; Anouch Cellular CO3-IRONMTN-ALT 1 Project Number 1723416064 Prepared by. Contra, Ltd, Consulting Engineers + Land Surveyors 1-800762.1196 1 1111111111111111111111111111 111 111111111111111111111111 512607 08/21/1997 03:24P 81030 P925 466 4 of 5 R 26.00 D 0,00 N 0.00 GARFIELD CLERK THENCE SOUTH 30°46'49" WEST, 41.83 FEET; THENCE SOUTH 51°48'53" WEST, 18.88 FEET; THENCE SOUTH 41°40'16" WEST, 47.59 FEET PARALLEL WITH AND ADJACENT TO AN EXISTING BUILIDNG-TOTHE_TERMINUS QF THIS DESCRIPTION. UTILITY EASEMENT: A STRIP OF LAND 10 FEET WIDE WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF AN EXISTING BUILDING, FROM WHICH THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6T" P.M. BEARS NORTH 60°39'48" WEST, A DISTANCE OF 606.59 FEET; THENCE SOUTH 16°11'08" EAST, 66.12 FEET TO AN EXISTING POWER POLE, ALSO BEING THE TERMINUS OF THIS DESCR1PTION: INGRESS/EGRESS, ACCESS, AND UTILITY EASEMENT: A STRIP OF LAND 20 FEET WIDE WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6T" P.M. FROM WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 03°08' EAST, A DISTANCE OF 1,089 FEET AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE SOUTH 88°17' EAST, 193.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 29°09'18", A RADIUS OF 51.29 FEET, AN ARC LENGTH OF 26.10 FEET, AND A CHORD WHICH BEARS SOUTH 47°55'10" EAST, 25.82 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 96°28'23", A RADIUS OF 31.48 FEET, AN ARC LENGTH OF 53.01 FEET, AND A CHORD WHICH BEARS SOUTH 32°47'39" EAST, 46.97 FEET; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES: 1.) SOUTH 09°06'18" WEST, 114.24 FEET; 2.) SOUTH 24°09'13" WEST, 43.35 FEET; 3.) SOUTH 11°26'43" WEST, 63.45 FEET; 4.) SOUTH 04°09'09" WEST, 81.02 FEET; Airtouch Celh4ar CO3-IRONMTN•ALT 1 Project Number: 1723416064 Prepared by. Contra, Ltd Consulting Engineers r Land Surveyors 1-800.762-1196 2 • 1)1111111111111111111111 II1 11111111111111111111111 III 512607 08/21/1997 03:24P 61030 P926 466 5 of 5 R 26,00 D 0.00 N 0.00 GARFIELD CLERK C 43 5.) SOUTH 16°30'13" WEST, 40.94 FEET 6.) SOUTH 36°54'49" WEST, 125.17 FEET; 7.) SOUTH 54°35'40" WEST, 45.97 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 41°4T51", A RADIUS OF 54.54 FEET, AN ARC LENGTH OF 39.79 FEET, AND A CHORD WHICH BEARS SOUTH 44°01'42" WEST,.38.91 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 76°42'43", A RADIUS OF 60.42 FEET, AN ARC LENGTH OF 80.89 FEET, AND A CHORD WHICH BEARS SOUTH 25°02'38" EAST, 74.99 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 50°11'03", A RADIUS OF 67.63 FEET, AN ARC LENGTH OF 59.23 FEET, AND A CHORD WHICH BEARS SOUTH 79°41'46" EAST, 57.36 FEET; THENCE NORTH 76°50'16" EAST, 96.55 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 29°06'58", A RADIUS OF 152.56 FEET, AN ARC LENGTH OF 77.53 FEET, AND A CHORD WHICH BEARS NORTH 58°24'41" EAST, 76.70 FEET; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES: 1.) NORTH 46°16'52" EAST, 270.33 FEET; 2.) NORTH 45°35'16" EAST, 55.98 FEET; 3.) NORTH 42°36'17" EAST, 51.15 FEET; 4.) NORTH 41°40'16" EAST, 30.11 FEET; 5.) NORTH 51°48'53" EAST, 36.69 FEET 6.) NORTH 30°46'49" EAST, 42.16 FEET; 7.) NORTH 47°15'46" EAST, 54.23 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION GEOGRAPHIC COORDINATES: Latitude 39°33'40" (NAD -1983) Longitude 107°19'01" (NAD 1983) Elevation -Ground 7258 (NGVD-1929) lf. Prepared by: v •. �' Contra, Ltd. C5447 Leroy E. Tobter, PE -PLS 2 Colorado Registration #5447 t E.ku ti :_•-• June 9, 1997 f, .".,\ •• Airtouch CeI tar CO3-IRONMIN-ALT1 4�tIb P.,�, �` l. \\\``��� Project Number 1723416064 l;2r�� Prepared by. Contra, Ltd. Consul4ry Engn°ers . Land Surveyors 1.800-7 3 • t; • MEMORANDUM OF LEASE This Memorandum dated this day of August, 1998; by and between POW, Inc. attn.: Peter Prebble, President, 5155 Raleigh Street, Denver, CO 80212-2609 (hereinafter "Lessor") and JMB Properties, Inc., c/o Steve Beckley, President, P. O. Box 4491, Englewood, CO 80155 (hereinafter "Lessee"), is a record of that Lease (hereinafter "Lease") between Lessor and Lessee dated April 22, 1998 which Lease includes in part the following terms: 1. Leased Premises. The Lease pertains to real property consisting of Southern 1/2 of the parcel of real estate in Garfield County, Colorado described as Township 6 North, Range 89 West, Section 3: NW/4SW/4, Section 4: Lot 10. 2. Term of Lease and Options to Extend. The initial term of the Lease expires on October 22, 2014. Lessee has option to extend the Lease at the end of the initial term and each subsequent Lease term for additional subsequent ten (10) year terms. 3. Successors and Assigns. The terms, covenants and provisions of the Lease extend to and are binding upon the respective executors, administrators, heirs, successors and certain assigns of Lessor and Lessee as more specifically set forth therein. 4. Reaffirmation of Lease. The parties by this Memorandum do hereby ratify and confirm all of the terms and conditions of the Lease and do hereby declare that the real property described herein is in all respects subject to all of the applicable provisions contained in the Lease. POW)nc. ,.-'&t7 Peter Prebble, Pre dent WHEN RECORDED RETURN TO: Susan B. Hillyard 654 Main Sreet Delta, CO 81416 STATE OF COLORADO COUNTY OF )ss. JMB Propertie Steve Beckley, President 1111111111111111111111111111111111111111111111111111111 532388 09/17/1998 01:58P B1088 P960 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO Tyre forgoing instrumeA was acknowledged before me this /? r',6/- Wittttiss:Mr.tlanii and Official Seal. � '/`` S,rr 2 1998 b day of �' Y STATE OF COLORADO )ss. COUNTY OF . My commission expires g - 7- c'p Notary. lic The forgoing instrument was acknowledged before me this /4 day of . My commission expires Witness My Hand and • • • fficial Seal. l , 1998, by Notary Public 111111111111111111 11111 11111111111111111111111111111111 538287 01/05/1999 04:29P B1107 P737 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 9 thday of January A.D. 19 99 _ there were present: Marian Smith John Martin Larry L. McCown Don Deford Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 99-09 A RESOLUTION CONCERNED WITH A ZONE TEXT AMENDMENT TO THE AGRICULTURAL INDUSTRIAL ZONE DISTRICT AS IDENTIFIED IN THE GARFIELD COUNTY ZONING RESOLUTION OF 1978 aa WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from JMB Properties and POW Inc. for a zone text amendment to allow by special use, Outdoor Commercial/Recreational Facility/ Park in the Agricultural Industrial Zone District as identified in the Garfield County Zoning Resolution of 1978 aa to read as follows: "Uses, Special: Camper Park, agricultural- related business, resort; Airport- air carrier, communications facility, corrections facility.(A. 97-60) Plant for fabrication of goods from processed natural resources; material handling, pumping facilities, electrical distribution, warehouse facilities/staging area, storage areas, water impoundments, access routes, utility lines, pipelines, extraction, processing; public gatherings; commercial park; recreational support facilities; guest houses; Commercial/Recreational Facility/Park. (A.80-180; 81-145; 81- 263; 86-09; ) • 7 1 111111111111111111111111111111111111111111111111111111 538287 01/05/1999 04:29P 81107 P738 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board held a public hearing on the 21st day of December 1998, upon the question of whether the above-described zone text amendment should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the zone text amendment; and WHEREAS. the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: That proper publication and public notice was provided as required by law for the • hearing before the Board of County Commissioners. • • That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3 That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, 13E IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the zone text amendment as identified in the application, upon the following specific conditions: That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. Dated this 5th day of January , A.D. 19 99 ATTEST: Clerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 17/ Chairman (111111 11111 111111 nisi 111111 1111 111111 111 11111 1111 1111 538287 01/05/1999 04:29P 81107 P739 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMTRRTCTIPR CHAIRMAN MARTAN T_ GMTTN ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER JOHN F. MARTIN ,Aye STATE OF COLORADO ) • )ss County of Garfield ) 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said. Garfield County, now in -my office: IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • • WHEN RECORDED RETURN T0: Susan B. Hillyard P.O. Box 808 Delta, CO 81416 111111111111111111111111111111111111111111111111111111 550529 08/16/1999 01 27P B1145 P290 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO AMENDED MEMORANDUM OF LEASE This Amended Memorandum of Lease dated this ;/rt day of -✓i''h , 1999, by and between POW, INC., attn Peter Prebble, President, 5155 Raleigh Street, Denver, CO 80212- 2609 (hereinafter "Lessor"), and JMB PROPERTIES, INC., c/o Steve Beckley, President, P.O. Box 4491, Englewood, CO 80155 (hereinafter "Lessee"), is a record of that Lease (hereinafter "Lease") between Lessor and Lessee dated April 22, 1998, which Lease includes in part the following terms: 1. Leased Premises. The Lease pertains to real property consisting of the southern 1/2 of the parcel of real estate in Garfield County, Colorado, described as Township 6 South, Range 89 West, Section 3: NW/4 SW/4, Section 4: Lot 10. 2. Term of Lease and Option to Extend. The initial term of the Lease expires on October 22, 2014. Lessee has the option to extend the Lease at the end of the initial term and each subsequent Lease term for additional subsequent ten (10) year terms. 3. Successors and Assigns. The terms, covenants and provisions of the Lease extend to and are binding upon the respective executors, administrators, heirs, successors and certain assigns of Lessor and Lessee as more specifically set forth therein. 4. Reaffirmation of Lease. The parties by this Memorandum do hereby ratify and confirm all of the terms and conditions of the Lease and do hereby declare that the real property described herein is in all respects subject of all of the applicable provisions contained in the Lease This Amended Memorandum of Lease amends the Memorandum of Lease dated August 30, 1998, and recorded in Garfield County on September 17, 1998, as Instrument No. 532388. POW, INC. 77 JMB PROPS i�� Peter Prebble, President Steve Beckley, • STATE OF COLORADO COUNTY OF ✓C6//,f10 1 ss. The foregoing instrument was acknowledged before me this -i,- day of. y� ��, , 1999, by Peter P. Prebble, /Yf t,f X'c�/./.- of W1tness my hand and official seal. Notary Public Commission expires ; o,?I-' , 2N/ STATE OF COLORADO ) ) ss. COUNTY OF 6;a(irc.1J ) Th•; �;•'ng instrument was acknowledged before me this day of;.�1999, by Steve Beckley. Witne official seal. ) -. C.._.- 1 MY COMMISSION EXPRES 41.02 Notary Public ,I Commission expires •C' Z • 1111111111111111111111111111111111111111111111111111111 552770 09/27/1999 03 08P 81152 P287 M ALSDORF 1 of 4 R 20.00 0 0.00 GARFIELD COUNTY CO MEMORANDUM OF AGREEMENT CLERK: Please return this document to: NEXTEL WEST CORP. 4643 S. Ulster Street, Suite 500 Denver, Colorado 80237 Attn.: Property Manager Market: Mountain Pacific Site #: CO -0139 Site Name: POW This Memorandum of Agreement is entered into on this 9th day of August, 1996, by and between POW, INC. (hereinafter referred to as "Lessor"), and NEXTEL WEST CORP., a Delaware corporation d/b/a Nextel Communications, with an office at 4643 S. Ulster Street, Suite 500, Denver, Colorado 80237 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the 9th day of August 1996, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for two (2) years commencing on December 1, 1995 with the first renewal term ending on November 30, 1999 with one (1) successive two (2) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. 40 LESSOR: POW, INC. By: Name: Title: Date: ?e e-?, �t r 'Apr, 7 / ; I / Date: ! + 3/9 r LESSEE: NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications By: // e Name: Mark B, Nelson Title: Vice President • ORIGINAL 1111111111111111111111111111111111111111111111111111111 552770 09/27/1999 03:08P 81152 P288 M RLSDORF 2 of 4 R 20.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF Market: Mountain Pacific Site #: CO -0139 Site Name: POW Ong —:-..2G 99 „ before me, /f/e"'ra /17o Z�11 Notary Public, personally appeared • 7.,- ,I� re -J.r7" , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed .Witte 'Within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on,fhe,,usfrunient, the person, or the entity upon behalf of which the person acted, executed the instrument. J WTTNJ§S rn,tey:htii:t�t:nd'official seal. , .1 Notary. Pilhlic My comniiss3tiii expires: //.- f.OD STATE OF \.ni7trS41NC'-�p►J COUNTY OF K1 (SEAL) /. n O /3 before me, /` .r/-..-eb&d/1t "; Notary Public, personally appeared /til pizx._ ' N GL3 , personally known to me (or proved 10 me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ary Publ c My commission expires: f� ORIGINAL • • 1111111111111111111111111111111111111111111111111111 552770 09/27/1999 03:08P 81152 P289 M ALSDORF 3 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A DESCRIPTION OF LAND Market: Mountain Pacific Site #: CO -0139 Site Name: POW to the Agreement dated August 9, 1996, by and between POW, INC., as Lessor, and NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications, as Lessee. The Land is described and/or depicted as follows: Northwest % of Southwest to of Section 3 Township 6 South Range 89 West of the 6th P.M., County of Garfield, State of Colorado and otherwise known as: APN: JAL • 1111111111111111111111111111111111111111111111111111 552770 09/27/1999 03:08P 81152 P290 M ALSDO 4 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO RF EXHIBIT B DESCRIPTION OF PREMISES Market: Mountain Pacific Site #: CO -0139 Site Name: POW to the Agreement dated August 9, 1996, by and between POW, INC., as Lessor, and NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications, as Lessee. The Premises are described and/or depicted as follows: •OMnwu.Y $PAnp, IrQ [.I I.II TW1.10 MLS As non . M,n wn YI NA an rano Minn W NA wMw 7mM WYU.yA Notes: Y tJ 1 OWN;+q 5 44., ?O'.J 11.) L . Pro p t..rkr`A (A0 4-0 ,c q\ 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. • ORIGINAL 1111111111111111111111 111111111111111111111111111111111 5264 01/07/2002 03:42P B1318 P678 M ALSDORF 1 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO Southwest Region - CO 1p ` Site Name: POW Site #: CO -0139 CORRECTED MEMORANDUM OF AGREEMENT CLERK: Please return this document to: NEXTEL WEST CORP., d/b/a Nextel Communications 4643 S. Ulster St., Suite 500 Denver, Colorado 80237 Attn: Property Manager This Corrected Memorandum of Agreement is entered into on this p? 71Yt day of l(,6reirhtil 2001, in order to extend the term and correct and replace the Exhibit B as attached to the Memorandum of Agreement recorded September 27, 1999 at Reception No. 552770 in Book 1152 at Page 287 in the official records of Garfield County, Colorado. The Memorandum of Agreement, together with this Corrected Memorandum of Agreement, is by and between POW, INC., a Colorado corporation, with an address at 5155 Raleigh Street, Denver, CO 80212, (hereinafter referred to as "Lessor'") and NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications, f/k/a Nextel Western Acquisition Corp. with an office at 4643 South Ulster Street, Ste. 500, Denver, CO 80237, (hereinafter referred to as "Lessee"). 1. Lessor and Lesseentered into a Standard Antenna Site Lease Agreement (the 'Original Lease") on August 9, 1996. On �l� , 2001, Lessor and Lessee entered into an Amended and Restated Site Lease Agreement (the "Agreement") for the purpose of installing, operating and maintaining a wireless communications facility and other improvements. All of the foregoing are set forth in the Original Lease and the Agreement. 2. The term of the Agreement shall be six (6) years commencing on December 1, 1995 (the "Commencement Date"), and terminating November 30, 2001, with five (5) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement Is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Corrected Memorandum of Agreement as of the day and year first above written. LESSOR: LESSEE: POW, INC., a Colorado corporation (zovi-zt- By: Peter Prebble Title: President Date: Tax ID: 84-0931886 • NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications f/k/a Nextel Western Acquisition Corp. Date: Director of Engineering /1/4 7h/ ORIG1NA L 111111111111111111RBEE11111111111111111111111 595264 01/07/2002 03:42P 81318 P67 DORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY COSDORF Southwest Region - CO Site Name: POW Site #: CO -0139 STATE OF CCL -0/Z -bo COUNTY OF Delai£I 7' On /L' e/n—d. ' 2z-3/ , before me Y,/u ,1'/r / & 1- - , Notary Public, personally appeared Peter Prebble personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNE . my hand and official s Notary Public My commission expires: 17-1 200 '2 --- STATE OFC _ D/l ret e C, y a COUNTY OF e (SEAL) My Ctxm► EXoirtl Dd 20 Public, On rtr2►,. -,-, o)- 7 0).-‘20/0/ , before me 2)7_ �/ , Notary personally appeared Edward J. Harris personally known to (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. • WITNESS my hand an iyl seal. Notary Public My commission expires: ////e/.0- • (SEAL) ORIGINAL I 111111 11111 111111 1111 111111 irni iiiiiil III 11111 11111111 598264 01/07/2002 03:42P 81318 P660 M ALSDORF 3 of 4 R 20.00 0 0.00 GARFIELD COUNTY CO EXHIBIT A Southwest Region - CO Site Name. POW Site # C0-0139 / �D"ESCRIPTIO�N OF LAND to the Agreement dated /(J/f1{1(J(. ‘;'?7 , 2001, by and between POW, INC., a Colorado corporation, as Lessor, and NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications f/k/a Nextel Western Acquisition Corp., as Lessee. The Land is described and/or depicted as follows: Northwest % of Southwest %4 of Section 3 Township 6 South Range 89 West of the 6'" P.M., County of Garfield, State of Colorado. • APN: 2185003300034 • Lessor Initials: Lessee Initials: ORIGINAL • • • 11111111111111111111111111111111 595284 01/07/2002 03:421 1111111111881 M ALSDORF 4 of 4 R 20.00 D 0.00 GARFIELD COUNTY COSDORF EXHIBIT B DESCRIPTION OF PREMISES Page 1 of 1 POW (CO -0139) to the Agreement dated A46'b21Ipbo?,72001, by and between POW, Inc., a Colorado corporation, as Lessor and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Lessee. The Premises are described and/or depicted as follows : E4.ST!NG U'!L!TY ExENENT (L'.Ui'ES FCUTED UNCERG-CUND; NExTEL NON -Ex LaSivE ACCESS E. SE.MENT NE.t'E. S LEASE SEE A.Q=_a A�=RC•x,MATELY 155 s0. 7. ExISTMC TELCO BOARD EAIS'iNG NEx'E_ ANTENNAS N!TM UP TG 12 CUTURE"� ANTENNAS ANC 15 FUTURE \ RUNS APN : 218503300034 LAT: 39 33 34.99 LON: 107 19 17.51 SITE ADDRESS : 2 IRON MOUNTAIN GLENWOOD SPRINGS, CO 81601 20' Notes: I. This Exhibit may be replaced by a land survey of the Premises once it is received by Lesser. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the v1/4 idth required by the applicable governmental authorities, including police and tire departments. 4. The type, number and mourning positions and locations of antennas and transmission lines are illustrative only. ,actual types, numbers, mounting positions may vary from what is shown above. 5. The location of any utility easement is illustrative only. Actual location shall be determined by the servicing utiliry company in compliance svith all local laws and regulations. Ex.S'.NG Ex:STING POWER PANELS ORIGINAL ON NOT TO SCALE Plot Dote 1p107/ol Lessor Initials:_ P Lessee Initials:,