HomeMy WebLinkAbout1.0 ApplicationDate:
APPLICATION FOR
SPECIAL/CONDITIONAL USE PERMIT
GARFIELD COUNTY, COLORADO
7/7A7
Applicant: Mountain Communications & Electronics, Inc.
41199 Hwy. 6 & 24
Drawer 5150
Avon, CO 81620
(303-949-4373)
Attorney for Applicant: John W. Savage, P.C.
The Rifle House
201 Railroad Ave.
POB 1926
Rifle, CO 81650-1926
(303-625-1470/FAX:625-0803)
Special/Conditional Use:
Legal Description:
Communications tower
T. 7 S., R. 94 W., 6th P.M.
Sec.
8: NW1/4NW1/4
Practical Description: On Holmes Mesa, approximately 2.5 miles
SE of Rulison, (1/4 mile east) of approx. 7200 CR 301.
Plans and specifications of proposed use: The site will consist
of an approximately 25'x25' fenced area containing an
8'x12'x12' prefab skid mounted metal building and a 50'
metal tower with a 20' antenna.
Electrical power and phone lines will be brought to
site underground from existing lines.
Existing or proposed method of sewage, source of disposal and wa-
ter: The site will not require any water nor generate any
waste.
Road access: Access will be by existing private driveway from CR
301. Applicant expects approximately 10 trips by light
truck during a 2-3 day installation schedule. Thereafter
the site will be visited less than once a month, by utility
vehicles.
Vicinity Map: Exhibit A-1 (County Road Map, partial)
Exhibit A-2 (USGS Rulison Quadrangle, partial).
Impact Statement: Not required.
Assessors Map: Exhibit B.
List of adjoining property owners: Exhibit C.
•
Application Fee:
, check enclosed.
Proof of ownership: Ex. D, Attorney's opinion letter
Exhibit E, MCE Lease.
The above information is correct to the best of my knowledge.
Montain Communications & Electronics, Inc., Applicant
By:
yrone Thompson, President
Date: %-oZ Yy
Per the attached lease, the Landowner, Joan L. Savage, con-
sents to this application and the issuance of the permit applied
for.
Date:
Joan L. Savage
Application Fee: , check enclosed.
Proof of ownership: Ex. D, Attorney's opinion letter
Exhibit E, MCE Lease.
The above information is correct to the best of my knowledge.
Mountain Communications & Electronics, Inc., Applicant
By: Date:
Tyrone Thompson, President
Per the attached lease, the Landowner, Joan L. Savage, con-
sents to this application and the issuance of the permit applied
for.
Date: 5/5//�l/
7
oan L. Savage
MOUNTAIN COMMUNICATIONS & ELECTRONICS, INC.
SPECIAL USE PERMIT APPLICATION
HOLMES MESA COMMUNICATIONS TOWER
LIST OF EXHIBITS
Exhibit A-1 County Road Map, partial
Exhibit A-2 USGS Rulison Quadrangle, partial
Exhibit B Assessor's Map
Exhibit C List of Adjoining Property Owners
Exhibit D Attorney's title opinion letter
Exhibit E Applicant's lease for communications site
r4't
AA
ii
4
.0
/0,2
23
24
Ie
22
/� 2•/ 1. 26
1,
10
to
u
1.
20
22
.
i•
1e
Fret e`
t)
Correcnon
•
1 A
�uH
248
•
•.4 An.., 01
n•1
IFI.E
0
65
I• .4° .14
.3
•4
•••4
1 1r. 42•
Cj
32
22
{)
22
332
t•
•u„•104
•
30>1
311
337 ".,' •355
X301, ;1.
.8
•
308'
303
20
;1
22
1
•
20
319
10
•
2f 2e
••04,11,0"
r- Alto
-
1
D
2•
•
W '/N / T E
n •
Z
RI
V E R
2
21
1.
0
Moi,• Y,+'^ 9ro•
.0•,1
•t,
•
44)NA T ION AL
01.
�+� GRANO MESA NATIONAL FOREST
2
R.95W 1 R 94 W
1 M E S
,ar0o
. FOR ES
Exhibit A-1
RULI SON
COLORAD
7.5 MINUTE SE
4463 III SW
247 (ANVIL POINTS)
N
1248 R. 94 W
70
249 55' 1 320 000 FEET
-441111111
GLENWOOD SPRINGS 37 MI.
RIFLE 9 MI. 251
6 9
NZ
Exhibit A-2
1 �I
• •
EXHIBIT C
LIST OF ADJOINING LANDOWNERS
PARCEL NUMBER NAME AND ADDRESS
2175-333-00-127 Bernklau, Carl H. & Nora Ruth
7880 CR 309
Rifle, CO 81650
2405-051-00-051 Harris, Andrew J. & Shirley J.
7962 CR 301
Parachute, CO 81635
2405-052-00-003 Lyons, Ilse & James P.
0605 Lions Ridge Rd.
Carbondale, CO 81623
2405-052-00-022 Joan L. Savage (co -applicant)
5953 CR 320
Rifle, CO 81650
2405-052-00-039 Moore, Vella J.
POB 1044
Rifle, CO 81650
2405-054-00-050 Wagner, Merlin J.
POB 2250
Pascagoula, MS 39568
2405-064-00-005 Lemon, James Robert
6343 CR 301
Parachute, CO 81635
2405-071-00-045 Eddy, Cynthia A. & David M.
1206 Ivy Lane
Carbondale, CO 81623
2405-071-00-062 (Split to 069 and 070)
2405-074-00-069 Dannie P. and Edith D. Locklear
POB 1011
Rifle, CO 81650
2405-071-00-070 Ted V. Clark
POB 186
Rifle, CO 81650
2405-053-00-004 Joan L. Savage
2405-081-00-023 Joan L. Savage
2405-083-00-009 Joan L. Savage
2405-084-00-008 Joan L. Savage
2405-084-00-024 Joan L. Savage
2405-181-00-044 Joan L. Savage
.(+rh,br T
• •
JOHN W. SAVAGE, JR.
ATTORNEY AT LAW
THE RIFLE HOUSE
201 RAILROAD
P.O. BOX 1926
RIFLE, COLORADO 81650
August 28, 1994
Garfield County Board of Commissioners
109 8th St., #300
Glenwood Springs, CO 81601
Dear Sirs:
PHONE: (303) 625-1470
FAX: (303) 625-0803
Re: MCE Communications Tower Site Special Use Permit
I have examined title to the location of the proposed MCE
communications tower and find that fee simple title thereto is
vested in Joan L. Savage, subject to a lease in favor of Mountain
Communications and Electronics, Inc., patent reservations, prior
mineral reservations and oil and gas leases.
ruly yours,
� i.
n W av
Exhibit D
COMMUNICATIONS SITE LEASE
1
This agreement is entered into between JOAN L. SAVAGE, c/o
POB 1926, Rifle, CO 81650 (303-625-1470) ("Lessor"), and MOUNTAIN
COMMUNICATIONS & ELECTRONICS, INC., POD 5150, Avon, CO 81620
(303-949-6702) ("Lessee") as of 8/1/94.
In consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. PREMISES AND TERM: Lessor hereby leases to the Lessee,
the following described real property for the term of five years,
commencing on 8/1/94, and ending on 8/1/99, for the consideration
set forth below.
Lessee shall have an option to renew this lease on the same
terms for three additional terms of five years each. Lessee
shall exercise its right to renew on or before six months before
lease termination date by written notice to Lessor.
2. RENT: Lessee shall provide to Lessor, or its designee,
free paging service for up to ten pagers on its "WIDE AREA
MOUNTAIN SERVICE" or comparable successor system having a service
area of at least Aspen to Parachute, with digital access
statewide.
Lessee shall also provide Lessor or its designee with a UHF
Repeater System, 1 channel, with telephone interconnect (subject
to availability of a private telephone line at the Cty. Rd.) to
be used for area communications. The UHF Repeater System shall
have a service area of at least Silt -Parachute.
Lessee agrees to sell Lessor any radio equipment, including
pagers, to be utilized with provided systems, at Lessee's cost.
3. PREMISES: Garfield County, Colorado and more particu-
larly described as: A 100' x 100' approximately square area, at
a location acceptable to Lessor, within the following described
40 acres parcel, together with an easement to the site for road
access and utilities. Lessor reserves the right to require all
utility lines to be buried. The easement location shall be des-
ignated by Lessor.
After the location and easement have been designated, Lessee
shall obtain, pay for, and deliver to Lessor, a survey of the
tower site and easement.
T. 7 S., R. 94 W., 6th P.M.
Sec. 8: NW1/4NW1/4
4. LESSOR RESERVATION: Lessor reserves the right to desig-
nate an alternative site, of comparable communications utility
and access. If Lessor exercises this right, all costs of moving
said site shall be borne by Lessor.
Exhibit E
• •
5. LESSEE OPERATIONS, WEED CONTROL: Lessee agrees to oper-
ate the property in a reasonable manner with due regard for the
preservation of the soil, natural habitat, and existing permanent
crops or native grasses. All land disturbed by Lessee shall re
revegetated as soon as practicable.
Lessee shall be responsible and shall control all noxious
weeds and comply with all state and county noxious weed laws and
orders on the site and easement. If any weed remediation is re-
quired of Lessor, all costs and expenses shall be paid by Lessee.
Lessee shall install and maintain at least a "sheep tight"
fence. All enclosures shall be locked and Lessor provided with
keys or combinations. Lessor may require that one or more gate
on the road access to the site be kept locked.
Maintenance of the access road shall be the sole responsi-
bility of Lessee.
6. COMMUNICATIONS USE ONLY: Lessee agrees to use the prop-
erty as a communications site only, consisting of a tower, in-
strument building having dimensions of approximately 8'x12'x12',
and associated antennas and equipment.
7. ASSIGNABILITY: This lease may not be sold, assigned, or
sublet without the written consent of the Lessor which may be
withheld for any reason. This lease shall constitute a covenant
running with the land and be binding on Lessor's successors and
assigns. Lessor shall have the unlimited right to assign its
rights and obligations hereunder. Once assigned by Lessor,
Lessor shall have no further liability to Lessee under this
agreement.
8. SAFEGUARDING PREMISES: Lessee agrees to use reasonable
efforts to safeguard Lessor's property, buildings, gates, fences,
native grasses, ditches, roads, and crops affected by Lessee's
operations, from damage and will keep Lessee's buildings, towers,
gates, fences, roads, and utility easements in good repair.
Lessee shall not remove nor allow any other person to remove any
of the fences, buildings, improvements, or timber from the prop-
erty without the prior written consent of Lessor. Lessee shall
notify Lessor within 24 hours of any adverse occurrence.
9. SURRENDER OF PREMISES: Lessee agrees to surrender the
property upon expiration or breach of this lease, in as good a
condition as careful use and normal wear and tear will permit.
Upon termination of this lease, Lessor shall have the option of
requiring Lessee to remove all of its improvements and restore
the site to as near as original condition as possible, or if re-
quested by Lessee, permit some or all of Lessee's improvements to
remain in place. Any such items remaining on the property 60
days after termination shall be considered abandoned and become
the exclusive property of Lessor. If Lessee breaches this agree-
ment, Lessor may retake possession and recover any unpaid rents
and any other damages that may be due. All of Lessor's remedies
are cumulative and the election of one does not preclude the ex-
ercise of other remedies.
• •
3
10. HOLDOVER TENANCY: If after the expiration of this
lease, the Lessee shall remain in possession of the premises and
continue to pay rent, without any express agreement as to such
holding, then such holding over shall be deemed and taken to be a
holding upon a tenancy from year to year, subject to all the
terms and provisions of this lease.
11. LESSOR'S LIEN: Lessee hereby grants Lessor a first and
prior lien upon all property of Lessee located on the property as
security for the performance of Lessee's obligation under this
agreement.
12. ATTORNEY'S FEES: In the case that either party resorts
to litigation arising out of this agreement or the relationship
of the parties arising out of this agreement, the prevailing
party shall be awarded its attorney's fees and costs.
13. INDEMNIFICATION: Lessee agrees to indemnify Lessor
against any damages or liability, including costs and attorney's
fees, incurred by Lessor in defending against any claim arising
from Lessee's use and occupancy of the property.
14. INSURANCE: Lessee agrees to do nothing to invalidate
any insurance carried by Lessor, if any. Lessee is advised that
Lessor's insurance only covers Lessor's interest and liability
for the property. Lessee's tower, building and, equipment are
not covered by Lessor's insurance. Lessee is advised to obtain
his own insurance to cover Lessee's interests.
Lessee agrees to keep all of Lessee's activities on the site
and easement covered by general liability insurance
($1,000,000/occurence $1,000,000/aggregate), workmens'
compensation insurance (or waiver), and automobile liability
insurance with statutory minimum limits, to name Lessor as an
additional insured thereon, and to provide Lessor with a
Certificate of Insurance evidencing such coverage.
15. WARRANTY WAIVER: Lessee acknowledges that he has in-
spected the property prior to entering into this lease and ac-
cepts such property "as -is" without any warranty of any kind.
Lessor shall have no obligation to protect or maintain any
of Lessee's property on the site or easement, nor shall Lessor
have any liability to Lessee or others for damage to any of
Lessee's facilities, buildings, equipment, or employees, agents,
or sub -contractors for any damages or injury.
16. LICENSES AND PERMITS: Lessee's activities on this site
require a County Special Use Permit and Building Permit. Obtain-
ing and maintaining said permits shall be the sole responsibility
of Lessee. Lessor agrees to assist in obtaining said permits and
Lessee agrees to pay Lessor's or its agents at their regular
hourly rates for any such assistance.
• •
4
Lessee shall provide Lessor with a copy of all applications,
submittals, permits, licenses, reports, and any other communica-
tions 3.egarding its use of this site within 5 days of filing or
receipt of any such item.
T1 -is lease shall automatically terminate 30 days after
Lessee loses any permit or license required for its operations on
this site, unless appropriate actions are being taken to appeal,
reinstate, or reapply for any such permit or license.
This lease shall terminate one year from the date hereof if
Lessee has not obtained all the necessary permits and licenses
and is in operation. Said period may be extended for an addi-
tional year if any such permits or licenses are withheld due to
circumStances beyond the control of Lessee.
LESSOR:;
LESSEE
oan L. Savage
Mountain Communications & Electronics, Inc.
Lesse=^s obligations hereunder are guaranteed by the undersigned.
Tyrone'Thompson