HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
SPECIALAiliNalightlISISIL USE PERMIT
Date: March 14, 1994
Applicant: US VST NewVectar Group, Inc.
Applicants Representative: Katty DW Staller, Staller & Henry, Inc.
Address of Applicant: 1350 Lawrence Street, Suite 100, Denver, CO 80204„446-2358
Special/Conditioual Use: ' Cfxrmmication Tower" for Cellular Telecommunication
Legal Description: A portion of the NW 1/4 of Section 15, Township 7 South,
Garfield County, Colorado
e 95 West,
Practical Description (location with respect to highways, county roads, and residences):
1-70 to Parachute County Road.301; go east then south to Battlement Mesa Parkway to Underwood
Lane; east a proximately 3 miles, including cross country trail; to site. See attached vicinity maps.
Requirements:
1. Plans and specifications for proposed use (hours of operation, number of vehicles/day,
location and size of structures, etc.).. -e t ( c;.*
2. Existing or proposed method of sewage, source of disposal and water. Road access and
other information deemed necessary to explain proposed use.S V
3. A vicinity map drawn to scale depicting the subject property, location, and use of
building and structures on adjacent lots.
4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of
Zoning Regulations.. �C�` jl V CIF.-
1�-moi
5. A copy of Assessor's map showing property; and a listing of all adjoining property
owners of said property. -1'›e--- C--
6.
5. A base fee of S q04 CO shall be charged for each application and shall be
submitted with the application. additional charges may be imposed if county review
costs exceed the base fee. A7 �'
7. Attach a copy of proof of ownership for your property (deed, title insurance).
R.
If public notice is required, notice provided by the Planning Department shall be sent out at least five
(5) days prior to hearing by return -receipt mail to all the above noted adjoining property owners.
Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing.
Additionally, the same notice shall be published one (1) time in the official County newspaper at least
fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the hearing.
The above information is correct to the best of my knowledge.
Staller&Henryt
LANDSCAPE ARCHITECTURE
LAND PLANNING & DESIGN
Katty ❑. M . Staller
13 XLAWRENCE ST.SLIITEIOG•DENVER COLO A.DO86204.363'648.2388FAX4.46.0958
Date
tive for US WEST NewVector
nry, Inc.
. S ler
) et.C7(4c"
GARFIELD COUNTY
COUNTY COMMISSIONERS
SPECIAL USE PERMIT
APPLICATION
for a
CELLULAR COMMUNICATION TOWER
submitted by
US WEST NewVector Group, Inc.
March 14, 1994
COUNTY COMMISSIONERS -- GARFIELD COUNTY
SPECIAL USE PERMIT APPLICATION
for a
CELLULAR "COMMUNICATION TOWER"
submitted by
US WEST NewVector Group, Inc.
March 14, 1994
I. INTRODUCTION
The information presented in this document and the included Exhibits comprise
the Special Use Permit (SUP) application by US WEST NewVector Group, Inc.
(NewVector) to the Garfield County Planning Commission for the proposed
cellular "communication tower", or cell site, as described herein. The land
planning firm of Stoller & Henry, Inc. is acting as the applicant's representative
and, as such, has prepared this application for the County's review.
The information presented in this document verbally and graphically describes
the nature and operations of cellular telecommunications in general and, more
specifically, the character and functions of the proposed telecommunication
facility in Garfield County. The document is organized in five (5) sections as
outlined below:
Section
Section
Section
Section
Section
Introduction
11 The Applicant: US WEST NewVector Group, Inc.
III Overview of Cellular Technology
IV Proposed Garfield County Facility
V Evidence of Conformance with the Garfield County
Supplementary Regulations, Sections 5.03-5.03.13
It is the intent of this submission to provide sufficient evidence to support
favorable findings by the Garfield County Commissioners for this Special Use
Permit application.
II. THE APPLICANT: US WEST NEWVECTOR GROUP, INC.
The applicant, US WEST NewVector, is a subsidiary of US WEST, Inc., one of
the seven regional companies created by the divestiture of AT&T in 1984.
NewVector is licensed to provide cellular telephone service to a market area
that includes most of the western states, plus some additional local markets
that lie outside of that area. The FCC regulates cellular communications and
allows for only two cellular franchises in each metropolitan area. NewVector
holds the existing telephone company, or "wire -line" carrier, representative
license to provide the Front Range with cellular mobile telephone service for
emergency, business and personal communications.
Stal Iei&Iicnry
III. OVERVIEW OE CELLULAR TECHNOLOGY
In the past, mobile telephones were only available to a privileged few who were
willing to tolerate the considerable limitations of a system that utilized only 12-
20 channels and often had poor voice quality and spotty coverage. These
systems operated with one centrally located high-powered transmitter to
communicate with all of the mobile units in the service area. This technology
did not make large scale service practical due to the fact that each of the
system's channels could only handle one call at a time. Channels could not be
reused because the transmitted signals were strong enough to interfere with
one another.
The current NevvVector cellular telephone technology was developed by Bell
Laboratories to respond to these problems. This system is made up of many
low powered antennas erected in a honeycomb pattern of "cells" that invisibly
blanket the service area. These cells, or "cell sites", both receive and transmit
radio signals so as to connect a cellular user with the traditional land line
telephone system, there by completing the call. It should be noted, however,
that the individual cells typically do not "talk" directly with one another, that is,
antennae on one cell site do not receive or transmit radio signals directly to or
from antennae on another cell site. Rather, cell site antennae act to connect
the radio communications from a cellular caller, for example, with the central
computer at the Mobile Telephone Switching Office (MTSO) where the
conversation is then immediately routed to the intended recipient.
The MTSO is similar to the hub of a bike wheel, receiving and distributing calls
to and from individual cell sites much like bike spokes originating from a
common point. All cellular communications are routed through the central
computer at the MTSO. The computer tracks the location of the sender and
the receiver of the call and determines which cell sites should be utilized to
complete the communication link. When appropriate, the MTSO computer may
transfer, or "hand off", the call from one cell site to another. For example, as a
caller drives out of one cell coverage area and into another, the MTSO
computer automatically transfers the call from the first cell site to the next to
provide continuous, uninterrupted coverage. The proposed Garfield cell site
would use a cable (T1 -span) to connect with the traditional land line telephone
system and thereby link with the MTSO. The proposed panel antennae would
serve to transmit and receive radio communication signals only with mobile and
portable cellular telephones operating within the service area.
Expanding further on the technology, the cellular system is a non -wire line
telephone system which employs radio waves to transmit and receive
telephone calls and thereby extends the wire line based telephone network.
The FCC has authorized a very limited frequency band of 432 fixed channels
for use by cellular telephones. The authorized frequency band is near the FM
radia band, but is separate and distinct from commercial radio broadcast
frequencies. By dividing a geographical service area into cells, the technology
allows the repeated reuse of the channels to greatly increase the capacity of
the system. The same channels can be reused many times for different cell
sites in the same general service area, so long as the cell sites with common
channels are not adjacent or so close as to interfere with each other.
2
Stal 1 er&Henry
,i
The location of the transmit/receive antennas for the cell site is critical. If the
cell site facilities cannot be placed so that their coverage areas are contiguous
or overlap, telephone calls cannot be "handed -off" from cell to cell. This
results in a substantial risk of conversation breakup, interference in the cellular
call and/or the inability to repeat or reuse the channels. Further, if each
facility's critical siting needs are not met, an optimum design cannot be
achieved. As a result, additional cells and the associated additional facilities,
would be required to serve a given geographical service area. Locating cellular
facilities in the most technically optimal site will maximize the quality and
dependability of cellular communications and potentially minimize the total
number of cell sites required.
The FCC mandates all technical standards for the performance of a cellular
telephone system. Accordingly, the FCC requires that a provider, such as
NewVector, maintain a certain voice -quality level of communication within a
given service area in order for the provider to maintain its license and franchise
in that particular area. In 1981 and 1982, the FCC issued Cellular Orders that
stressed the urgency of the public need for the implementation of cellular
service.
The FCC subsequently announced its "goal of introducing a nationwide
compatible cellular service without undue delay" and affirmed its "preemption
over technical standards for cellular systems" noting that "it is imperative that
no additional requirements be imposed by the states which could conflict with
our standards and frustrate the federal scheme for the provision of nationwide
cellular service".
III. GENERAL DESCRIPTION OF GARFIELD COUNTY CELL SITE
The Applicant, US WEST NevvVector Group, Inc. proposes to construct and
maintain a cellular telecommunications facility (cell site) in Garfield County as
shown on the Site Plan, Exhibit B, and described herein. The proposed site is
situated in a portion of the northwest one-quarter of Section 15, Township 7
South, Range 95 West, Garfield County.
The subject site is a 3,000 square foot easement located in an
Agricultural/Residential/Rural Density Zone District (A/RIRD). For zoning
purposes, the Garfield County Planning Resolution, amended November 1,
1993, categorizes the proposed use as a "communication tower". As noted in
Section 3.02.03 of the Zoning Resolution, this proposed use is permitted in the
A/R/RD zone with approval of a Special Use Permit.
As illustrated on the Site Plan and Architectural Elevations, Sheet 1 of Exhibit
B, the proposed cell site will consist of a one hundred foot self support tower
with 4 eleven foot "whip" antennae mounted on a cross arm, for a total
maximum height of one hundred and eleven feet. The whip antennas are
approximately 2" in diameter at the base and tapper down towards the tip. An
unmanned, 12 by 12 foot prefabricated building is proposed to house
communication -related operating equipment. The building would be beige to
blend with surrounding environment.
3
S !a11ei&Heniy
For security and safety purposes, a seven foot tail fence enclosure, with a
locked gate, would surround the proposed facility. The fence would be chain-
link with three stands of barb -wire on top.
Physical access to the proposed site would be provided via a 12 foot wide
gravel drive within a 20 foot wide ingress/egress and utility easement as shown
in Exhibit B. The proposed access road would originate from an existing gravel
road within the underlying property.
The above described cellular facility would provide a much needed, and
currently unavailable, communication service to residents and visitors in and
around this relatively remote community for personal, business and emergency
use.
V. CONFORMANCE WITH SUPPLEMENTARY REGULATIONS - Sec. 5.03
The Supplementary Regulations of the Garfield County Zoning Resolutions,
amended November 1, 1993, Section 5.03, generally states that Special Uses
shall be governed by and conform to the requirements listed therein.
Accordingly, the applicable standards of Section 5.03-5.03.13 are listed below
and followed by statement that demonstrates that the safeguards and
conditions of the Resolution have been met by NewVector's proposal.
5.03(1) "Utilities adequate to provide water and sanitation service
based on accepted engineering standards and approved by the
Environmental Health Officer shall either be in place or shall be
constructed in conjunction with the proposed use."
The proposed cellular operations would require no water or
sanitary sewer facilities and, as such, adequate utilities for this
use exist and no additional service would need to be provided
or constructed.
5.03(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 cellular facility would be unmanned and any associated
vehicular traffic would be only occasional: approximately one
to two passenger vehicles per month would visit the site for
routine maintenance and inspections. As such, no street
improvements, other than the construction of the proposed
gravel access road, would be necessary to accommodate the
traffic volume generated by the subject use.
4
5.03(3)
SIaller&Heniy
'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"
The siting and organization of the proposed facility has been
done in such a manner to minimize impact on adjacent uses.
The subject site is set in the context of natural, unmaintained
grasslands at a significant distance from any existing
development. For security reasons, the facility would be
surrounded by a seven foot high fence with locked entry
gates. The proposed maintenance building would be painted
beige to visually blend in with the environment. Further, the
proposed use would not cause traffic congestion and would
produce no undesirable sanitary conditions or overburden any
services or utilities. The cellular facility and associated
operations would emit nothing into the air or water and, thus,
would have no negative environmental impact on either of
these natural resources. Any noise produced from the
proposed use would be minimal.
In summary, given the character and nature of cellular
operations, any negative impact from NewVector`s proposed
cell site on adjoining properties would be minimal or
nonexistent. The proposed use would not impair the public
health, welfare prosperity or safety of the neighborhood. In
fact, the proposed cellular communications facility could
promote these same health and safety objectives. Cellular
telephone service provides a very needed, and well used,
emergency communication link with community protection
services such as police, fire, medical, 911 and ambulance
services. In addition, cellular service is widely recognized as
an increasingly important business and personal tool which
could enhance the life style of local residents and visitors.
5.03.13 "...communication towers shall be approved by the Federal
Communication Commission and the Federal Aviation
Administration where appropriate"
The proposed facility conforms with all applicable federal, state
and local laws and regulations. The cell site operations vvould
meet the technical standards for the performance of cellular
telephone systems as mandated by the FCC. In order to
protect air space zones and flight paths surrounding airports,
the FAA typically imposes regulations that govern the physical
design and location of towers/antennas that are 200 feet or
grater in height. Given the proposed 111 foot height to the tip
of the whip antennae, the Garfield County facility would not be
subject to the FAA's regulations nor would it be a concern
with regard to air traffic.
5
Stal 1er&Hen11
In addition to the information provided above, the following Exhibits are
included and made part of this Special Use Permit Application. Further, a
check, payable to Garfield County Planning Department, in the amount of
$400.00 is enclosed as required for the Special Use Application Base Fee.
EXHIBITS
Exhibit A - Application Form for a Special Use Permit
Exhibit B - (Sheet 1/2) Vicinity Map, Site Plan, & Architectural Elevations
(Sheet 2/2) Legal Description & Land Survey
Exhibit C - Assessor's Map & List of Adjacent Landowners Within 250
Feet of Subject Site
Exhibit D - Proof of Ownership - Commitment of Title Insurance
Exhibit E - Authorization to Act on Behalf of the Applicant
Exhibit F - News Reports on Cellular Emergency Communications
Please feel free to call if you have any questions or need additional information.
Thank you.
5incerel
Katty D
STALLE H ` RY, INC,
representing— r WEST NewVector Group, Inc.
enclosures
809PROP
6
EXHIBIT A
APPLICATION
SPECIAL/00111111111161116M USE PERMIT
Date: March 14,1994
Applicant: US WEST NewVector Group., Inc.
Applicants Representative: Katty t Stoller, Stoller & Henry, Inc.
Address of Applicant: 1350 Lawrence Street, Suite 100, Denver, CO 80204. 446-2368
Special/Conditional Use: "Cemmunication Tower" for Cellular Telecommunications
Legal Description: A portion of the NW 114 of Section 15, Township 7 South, Range 95 West,
Garfield County, Colorado
Practical Description (Location with respect to highways, county roads, and residences):
1-70 to Parachute °aunty Road.301; go east then south to Battlement Itsa Parkway to Underwood
Lane; east aQproxhrntely 3 miles, includish cross country trail; to site. See attached virinity maps.
Requirements:
L Plans and specifications for proposed use (hours of operation, number of vehicles/day,
location and size of structures, eta,},tea - 1'rr t' oP
2. Existing or proposed method of sewage, source of disposal and water. Road access and
other information deemed necessary to explain proposed use.��e •67c• • 1`1 4 V
3. A vicinity map drawn to scale depicting the subject property, location, and use of
building and structures on adjacent Tots. °�KI-Mita1T t'.
4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of
Zoning Regulations. 71crr-1 V c �T
5. A copy of Assessor's map showing property; and a listing of all adjoining property
owners of said property.. C--
6.
6. A base fee of $ Soo. 00 shall be charged for each application and shall be
submitted with the application. additional charges may be imposed if county review
costs exceed the base fee.`'ac'
7A-7-cr. csF-t�11�v ��'i'1�tr;� [to,•!
7. Attach a copy of proof of ownership for your property (decd, title insurance).
- Ill'i�t`C '
If public notice is required, notice provided by the Planning Department shall be sent out at least five
(5) days prior lo hearing by return -receipt mail to all the above noted adjoining property owners.
Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing.
Additionally, the same notice shall be published one (1) time in the official County newspaper at least
fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the hearing.
The above information is correct to the best of my knowledge.
1
t}
Applicant Pepre -- native for US WE91 NewVector
er & Henry, Inc.
Katty A.W. Stall
11.5 • I4A. bili .
Date
EXHIBIT B
EXHIBIT C
Schedule Number
INo. 2407-10)
ADJACENT LAND OWNERS
Within 250' of Subject Site
(refer to map Exhibit)
Land Owner
Address
2407-10-02-00-019 Jann Ertl
1 600 N. Avenue
Grand Junction, CO 81501
2407-1 0-04-00-024 Anna Mae & Cristy Hayward
c/o Craig L Hayward
7454 Park Circle
Boulder, CO 80301
2407-1 5-01-00-025 (SUBJECT SITE OWNER)
John Colin & Barbara Clem
6670 W. 72nd Ave.
Arvada, CD 80262
2407-15-03-00-026 Blanche Wehr
ATTN: Ruth L. Ross
1 1 0 Springs Hill
Connersville, Indiana 47331
2407-10-04-00-037 Glen W. & Dorthy M. St. John
243 338 Road
Parachute, CO 81635
2407-15-03-00-067
2407-08-03-00-152
N/A
Kenneth G. & Christie M. Hagen
3400 E. 64th Ave.
Commerce City, CO 80022
Battlement Mesa Partners
5575 DTC Parkway, Suite 300
Englewood, CO 80111
BLM LANDS ON OTHER SURROUNDING AREAS, AS
SHOWN ON MAP EXHIBIT
EXHIBIT D
Commitment For Title Insurance
Commonwealth Land Title Insurance Company, a Pennsylvania eerporetioo, herein tailed the company, for a valuable con-
sideration, hereby commits to is9tte its policy or poilcies of title insurance, as identified in Schedule A, in favor of the proposed
Iusured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described 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
corm/tined 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 shah cease and terminate 120 days after the effective date- hereof or when the policy or policies committed for shall
be issued, whichever fust occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has Caused its Corporate Nance snd Seal to be hereunto affixed; chis instrument,
Including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
Attest:
14444.,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary
By
President
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 ox acquires actual knowledge of ally 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 )3
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting front 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 R 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 thc 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 loss incurred in reliance
hereon in undertaking ut good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule $, 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, the Conditions and Stipulations, and the Exclusions from Coverage of thc 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 action or actions or riehte of action that the proposed Insured may have or may bring against the Company ezisirkg out
of the status of the title to the estate or interest or the status of the rnortgage thereon covered by this Commitment must
be based on and axe subject to the provisions of this Commitment,
PA 3
American Land Title Association Commitment - 1966
Cover Paoe
Form 1004-8
t. _,H i.ITHIENT FOR TITLE INSURAN.
SCHEDULE A
FILE NO. 931.2029
1. Effective Date: 9TH day of DECEMBER 1993, at 7:59 A.H.
2. Policy or Policies to be issued:
(a) ALTA LEASEHOLD OWNER'S POLICY, FORM B-1975 (REV. 10-17-84)
Proposed Insured:
U.S. WEST NEW VECTOR GROUP, INC.
(b) ALTA LOAN POLICY -1970 (REV. 10-17-70 AND 10-17-84)
Proposed Insured:
$
3. The estate or interest in the land described or referred to in the commitment
and covered herein is'Fee simple and is at the effective date hereof vested in:
JOHN COLIN CLEM, alt. AND BARBARA JEAN CLEM AS TO AN UNDIVIDED
13/32ND8 INTEREST■ JOSEPH H. CLEM AND MARIAN G, CLEM AS TO AN
UNDIVIDED 19/32ND8 INTEREST
4. The land referred to in this Commitment is situated in the County of Garfield,
State of Colorado, and deacribed a8 follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF
COUNTERSIGNED: CA=DA(
TITLE CHARGES
OWNER'S LEASEHOLD POLICY $
Authorised Officer or Agent
dlh
Valid only if Schedule 8 and Cover Ars Attached
American Land Title Association Coanitinent
Schede A
(Rev'd 6-86)
MAR 7 '94 17:15 FROM US LEST NEWVECTCR
FILE NO 9312029
IU F -'HUE. UU
SCHEDULE B - SECTION I'
The following are the requirements to be complied with:
1. Instrument creating the estate or interest to be insured must be
executed and filed for record, to wit:
a. Good and sufficient lease from John Colin Clem, Jr., Barbara
Jean Clem, Joseph H. Clem and Marian G. Clem, conveying a
leasehold interest to U.S. West New Vector Group, Inc.
2. Pay the full consideration to, or fax the account of, the Grantors or
Mortgagors.
3. Pay all taxes, charges, assessments, levied -and assessed against subject
premises, which are due and payable.
4. Satisfactory evidence Should be had that improvements and/or repairs
alterations thereto are completed; that contractor, sub -contractor, Labor and
materialmen are a1l paid; and have release of record all liens ar notice of
intent to perfect a Lien for labor or material.
NH 6
American Land Titte Association Cortmitment
5chedute B - Section 1 - form 1006-5
MRR 'J4 1't' 14 rNuri u,=. J(L I'C_ l_
FILE NO. 9312029
EXHIBIT "A"
PARCEL 1 (LEASE PARCEL)
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST ONE-QUARTER OF
SECTION 15, TOWNSHIP 7 SOUTH, RANGE 95 WEST Or THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED A5 FOLLOWS:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 15; THENCE
SOUTH OO°51'29" EAST ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION
15 A DISTANCE OF 1774.95 FEET; THENCE SOUTH 8908/32" WEST A DISTANCE
OF 529.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°51128"
EAST A DISTANCE OF 60.00 FEET; THENCE SOUTH 89°08'32" WEST A DISTANCE
OF 50.00 FEET; THENCE NORTH 00051128" WEST A DISTANCE OF 60.00 FEET;
THENCE NORTH 89°08'32" EAST A DISTANCE OF 50.00 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 2 (UTILITY EASEMENT)
AN EASEMENT, 20.00 FEET IN WIDTH, OVER AND ACROSS A PORTION OF THE
NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 95 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, BEING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE-DESCRIBED LEASE
PARCEL; THENCE NORTH 89°08'32" EAST ALONG THE NORTH LINE OF SAID
LEASE PARCEL A DISTANCE OF 10.26 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 11°55'34" EAST A DISTANCE OF 875.55 FEET TO THE POINT OF
TERMINUS, SAID POINT BEING AN EXISTING POWER POLE.
PARCEL 3
AN EASEMENT, 20.00 FEET IN WIDTH, OVER AND ACROSS A PORTION OF THE
NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 95 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, BEING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE --DESCRIBED LEASE
PARCEL; THENCE SOUTH 00051'28" EAST ALONG THE EAST LINE OF SAID LEASE
PARCEL A DISTANCE OF 10.54 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 70045100" EAST, A DISTANCE OF 115.39 FEET TO THE POINT
OF TERMINUS ON THE CENTERLINE OF AN EXISTING DIRT ROAD.
EXHIBIT E
U S WEST NewVector Group, Er
70285. Clinton
Englewood. ColorE:do 80112
303 430-6200
ft:WEST
NEW VECTOR GROUP
February 1, 1994
TO WHOM IT MAY CONCERN:
We, at U S WEST NewVector Group, Inc., have authorized Staller & Henry, Inc. to act on
our behalf and represent our interests within the State of Colorado.
If you have any questions or need further verification, please contact me at 303-754-6245
or 303-550-0046.
Sincerely,
Regional Real Estate & Zoning Manager
U S WEST Cellular
U S WEST Paging
EXHIBIT F
26A ■
••r. I. 1 ,.
ecus
� x ni
. _ =14 nekkiramilife,,Mountairi News
-
In depth on people, places and issues
Gadgets becoming increasingly common in wilderness areas
with vacationers toting them along as potential lifelines
Don't leave home without cellular phone
Wail Strut imam'
Wthe summer recreation
res approaching Ameri-
cans will soon be trooping
into the got outdoors with
their hiking boom, bates — and
cellular phones.
A laminar s,ght is sties. the cellular
phone is becoming an increasingly cam -
mon accessory in wilderness areas as
more and mote vaationers tote one
along just in case they need help.
In many msrances, it's a good thing
they doCellular phones have been
used to call in rescue for snow -bound
mounnm climbers. injured hikers and
even those stmamg diabetic crises out
in the =dent of the desert: The phones
are also popping up on the nations
waterways. where a good many boaters
have dialed 911 to get out of a jam.
"It's a case of being a lifeline for
emergency pwrenses." says Michael
tighten. spokesman for the Cellular
lecxmmuniraatma lndutery Associa-
srt. an induefrp trade group in Wash-
.ngton. D.C. "When you're out there in
the wilderness. unfortunate things can
h PPe
Cellular Moores already have gained
acclaim for enhancing safety in urban
areas. where have dialed in to
repeat trafficts. drank drivers
and viofein crime in progress. An ath-
letic trainer in San Marcos. Calif used
his cellular portae to summon para-
medics and, doctors believe. save the
life of a critically injured foothill/ player
who had been knocked unconscious on
aptly.
Cellular companies are also using
safety as a marketing feature for their
pluses. US West Cellular. the trade
name for US West New Vector Group
in Beilcrne. Wash.. recently sent out a
press release advising boaters not to
cast off without their cellular phones"
this boating season so that, among
other things, they can get help in en
emergency.
The proven rescue record comes as welcome good
news for an Industry that was rocked by a cancer stare
last waxer ahrr a Florida gait ryas Sled tying a brain -can-
cer death to the victim's cellular -phone use. Although no
scientific evidence exists to link cellular•phooe use to
cancer. cellular stocks were battered by investor fears and
big companies like McCaw Cellular Communications Inc.
sent letters to customers aimed at assuaging any fears.
Despite the scare, cellular sales have continued their
runaway growth with an estimated 11 million cuatnmers
nationwide. compered with 12 million in 1987. While no
figures are kept for how many phones are tarried out-
doors, a recant industry survey found that half m new
sales were for consumer purposes such as back -packing
sham Consumer demand is fueled by lighter.
Some purists view the proliferation of telephones out -
daces all an intrusion on the cnida rne•ts a a ie nce. "Td
just go nuts if I had a phone on a trip;' ori Theresa
Sidling. an oadoats enthusiast and apokeswornan for
the Siem Club m San Francisco. "My god is to get out
and away from all that"
There is also the danger of people being lulled into a
"-. - —r-TpT-wii :t3iti• s�jixn;so- r* was b-
n�bvLeiaml0sme�mJde
call his wile from the 'unsung and dialed
911. A rescue e turn got the mea got off
Me mountain safely.
It ended real well," says Padilla, a
grocery dent from nesrhy Dallas. Ore.
Of the little plows. be adds: "They're
just anitastic."
to Colorado's Rocky Mount:Ma last
summer. Tom Glass was bicycling
downs forest trail when he came across
a middle-aged cyclist Tying on the
gourd. ted -faced and panting as his
wife and a child stood by heIplesslY•
Glass, who always cosies a cellular
phone to help conduct a land-0vnsulting
bueinesa, dialed for help.
"Otherwise, 1 would have had to go 6
miles to the nearest phone" says Glass,
of Frisco.
Within 10 minutes of the call. para-
medic arrived an a nearby road to
tranapprt the sttirken man to a hospital.
The dun recovered from his bout with
altitude sickness.
in Tennessee, Jerry Sharpe made
sure to take along his cellular phone
when he packed tenni, food and propane
for a tamping trip in Marcs in the
Appalachian Mountains. The huge bliz-
zard that devastated the astern put of
the country slammed into the moun-
tains, trapping Sharpe a son., grandson
and family friend.
Aa soon as the wind and snow died
dowel, he climbed a ridge to sell his wile
and let tier know they were all safe. His
seat call was to rescuers already
eearthing for his party, and be manned
to direct bulldozers to clam the way for
Idshmily's evacuation.
"My cellular telephone is a good
friend to have in the mountains."
:r Sharpe, of Spring City. Tenni-, tater
wrote the cellular -industry associa-
tion. -
Last year in the Arizona desert, Stan
Bovey and his brothers were out camp -
mg along a remote stretch of the Col-
orado River when a young female dia-
betic in the mmtp suffered from insulin
shock at ti t and slipped into uncon-
sciousness by the next morning.
Bonney. tan San Diego, says tone person in the party
used a cellular phone to call for help and within a half hour
paramedics drove ep. The names was rushed to a hospi-
tal, where she recovered •
"It [the phone) could've saved her life, 1 guess,
best's we didn't Snow what to do." Boner says.
Cellular phones are also in widening use ret lakes and
waterways, as boaters find them a more reliable altema•
tive than the limited -range nautical radio. John DeFeo's
casae in handy when bis 50 -foot power boat stalled near
dangerous rocks in Desolation Sound, off British Colum.
DeFeo always aeries a cellular phone because he is
president and chid executive of US West New Vector
Group, the cellular writ of Denver-based US West-
DeFeo says let and some friends were out boating one
blustery night kit summer when the propeller got tan-
gledm some Was. and the moron stopped.
out of radio inose. %nth winds �w to blow the
vessel up on the rocks, DeFeo says he his cellular
phone to get s diver out and untangle the propeller.
"It was nae of these tense things that happen." DeFeo
err'maple(
ington state's Mount Rainier National Park. saes there is
no assurance of speedy rescue if a limber. for instance,
calls in to report he is trapped is a Kinard.
They (rescuers) mobilize as last as they can. But if
you're in a harsh environment. it's a race against wore."
Baker says. 'The guy could be in contamination with
the Park Semc a —as be dies."
Still, Mount Rainier rescue teams credit cellular
phones for being able to find stranded or injured climbers
on four separate occasions last year.
SgL Peterson of the Whatrnm County {Wash.} Sher-
iff's Department, which dispatches search trams co
Washington s rug Mount Baker, says the phones cut
rescue taros sacantly.
'Most of the time, we have a huge delay because the
tenoning linty has to hike out m civilization. says Peter-
son.
Last month, Levi Padilla and two friends were led to
safety off Oregon's 11.235 -foot Mount Hood after using a
cellular phone to repoct they were trapped in a snow-
storm -
Nab end his companions, Robert McQueen and
Lance Platt had finished an e'en -hour limb to the top of
the mow -capped peak and were egtesaptimg the descent
;11tQueett poortl llifFsh'idbeLOie"r
ae+> " e. err
Users are more.than
likely to drivc a Tracor than`aR:VI •r. r••
while tracking livestock instead of the stock rnarket
one is a tarn 111 • 1pler�
Associated Press
ar
.R l :=
• Bar Sullivan,. V"This' of anewtr�end.'
'- bars" assistant - is
vice president of marketing for ' ` Nationwide, about -3fi' '
BISMARCK, N.D. If your-..CommNet.,2000 .of. Englewood ,_people use cellular:;
idea of a cellular Telephone user said about 25% of her company's : which . typicallPNIc'oSt
is a yuppie driving an expensive customers are farmers..- $100,' plus `monthly -1
fn-eiga car and making deals "I mould saythe highest usersminute char es, .K r r
8 varying Pte- $��,t�•• a _
During the daily commute, think are not behind a desk; they're in Messer said:7.14
small business -- agriculture, having a cellular phone ana farm ;
again. construction, sales," she said. -- where those out:iii'_Tie:Eeld
More and more farmers are "It is an enormous mainstream may be miles #coni ar'Ii:4ither::
using cellular phones to keep in and from home 4fak outweigh
touch with the world from their
tractors and pickup trucks. 7.' 1 :ti::;: ` "It is such a time-saver and an
- Farmers use cellular hones '' '.
p A fanner= � ` � =tit
' ,����; expense-saner'Ior�- ewe
to keep up with markets c•r just with don't even think about -that," she
ari;equip-
to stay in contact with their fain- i, ° s ;_ :+ said. ``They don't -call unless it's
ilies. A farmer who has an equip- hent r °" something they need=the boys
ment breakdown out in the Held .y .-'tr.rc" - are pretty good about that;' :; �_
v-vn ..�nele -
can telephone the family and ask t, �.. �..: Gene .Schifflernf 'winFalls
: ; r ... Idaho, who owns a ranch :and an
them to go into Own. ?
phone fc�rhe��.: .,
• "Mother, run for parts!" Bet- ��_-4,;�, ..
ty Messer said, reciting the plea - : .
the oasts:
'ways thought=a`.=cellular Thane
she commonly hears over the ` _ ':: - would be too !onus chil-'
phone from her five sons, who 'utility, It's not Joe :'uppie' stock- --dreri gave 1m`one:as'a: gift last
farm with her and her husband, broker making calls from a res-
Philip, south of Richardton, in taurant." - "I wouldnt =3e1without -one
-southwestern North Dakota. • Sullivan said CommNet 2000 now," he said.'-'WheuTriimut in
• "tf I'm at tray farm), I'll call ' is the biggest provider _o f +rural' the: r mntfy; 7 :' '. e = to
my wife and tell her I'm leaving cellular service in the eouritry: It.. -make: :; horie ll ;will -
ucw or that I'M going to be does btirsines in. eight midwest-..t.increase any` uhnesst&Wlien.
late, said Larry -Larson, who ...ern and western states:. the Da -'"'you ve`'g _fiat one; y -l►
aur..
•--farms in Bisbee, in the eastern - kotas, Montana Idaho, W o-
part of the state. It s a conven- -ming, Colorado, 'Utah and Iowa::: ��►_ In businesfloc c ta
lance, and it gives you a sense of ' '.V."They've been Ion. is e cus- savings; ' he sa L
•e..-,.. arm loolsarnienoi+
Ria: y.r r - -forcers, .. she= said.•: �r ' ars.' f•
s=_
• THE DENVER POST
Sunday, July 25, 1993
great outdoors just a phone call away
Ellen Miller
-dal to Thi Denver Post
Cellular telephones are changing the
iy people can do business on the job-
-tree Western Slope, but don't count on
�m as a sure-fire survival tool on a trip
he mountains.
`Don't make any assumptions," said
_ndy Carver -Herbert, spokeswoman for
S West Cellular, which bolds non-eaclu-
e franchises for a number of markets in
aRAN N N� a
o�lu'
iorado, including most Front Range cit-'
s and the ski towns along the Interstate
emridor.
"They're useful tools for using in emer-
Incies. Just don't assume service is
vailable everywhere. We don't want con-
mers misled."
Cellular phones work fine in some
Fountain areas, especially major ski
awns. • •.
Only partial coverage is in effect on the
;rand Mesa in Delta and Mesa counties,
he Colorado National Monument west of
;rand Junction and on the Estes Park side'
Rocky Mountain National Park.
'Even if you're outside a coverage area,.•
-4u sometimes can pick up the signals,' _
nyway," she Said. "Just don't count on
The flip side of cellular technology is
what land consultant and lobbyist Tom
: f
Cellular puts office almost anywhere
Glass calls his "dirty little secret."
The former state senator tuns his busi-
ness out of his home in Frisco. Callers nev-
er know his location when Glass takes or
returns a phone call.
His secret? His "other office" often Is a
chairlift on a ski slope, a mountain bike on
a trail or a pretty perch for fishing from a
Sumunit County stream. "It's what's really
going on In the mountain communities of
Colorado," Glass said. "What it's really
done is enable me and a lot of other people
to conduct our business in a manner in
which we can enjoy the outdoors."
Glass works in four time zones. Calls
from East Coast clients and Washington
political types start at & a.m- Frisco time.
They go on until about 8 p.nt., when West
Coasters finish their business day.
"Getting out Is the only sane thing to
do,' Glass said. "People work very hard
-- we have to -- to live on the Western
Slope." •
Drlvtng long distances, a fact of life in
rural Colorado, no longer seems to con-
sume huge amounts of work time: "It's
amazing bow short a trip Seems when
you're using road time to return phone
calls." • • -
Glass mostly negotiates land swaps be-
- tween private landowners and public
•
agencies. •
Other major players in Colorado are
Cellular One, part of McCaw Communica-
tions Inc., based to 13elleview, Wash., and
Cellular Inc., of Englewood. Cellular Inc.,
using the marketing name CommNet 2000,
holds franchises in most of rural Colorado.
But every area can have two licensed
cellular -phone providers, as approved by
the Federal Communications Commission,
so other companies have entered the mar-
ket. •
Cellular One operates in the metro area
and the Interstate 70 corridor, with li-
censes in many of the same markets as
U S West Cellular and Cellular Iris.
All systems are In various stages of de-
velopment. For example, cellular tele-
phones work in Grand Junction, but not in
Rifle, Parachute, Delta or Montrose. Du-
rango and Puebla are practical for cellu-
lar, but Collbran and Cedaredge aren't.
It's a simple matter of economics, said
Jim Kenney of Cellular: Inc: - ±.;F,' ,
"It depends on the population and the:
traffic. We won't put in a half -million dol -1
lars worth of equipment for 20 people and.
.: five tourists. There••are areas that never
will have cellular:. They can go satellite,
eventually,` - but. if the economies don't.
work, we won't do it."•. ', -
. 7..
Cellular Inc. now provides service t
Cortez, -Durango, Monte Vista, Alamosa,
Callon City, Pueblo, Walsenburg, Trinidad,
La Junta, Lamar, Limon, Stratton, Steam-
boat Springs, Fort Morgan and Sterling.
U S West Cellular has focused on the
Front Range, servicing. Denver, Colorado
Springs, Fort Collins and Greeley and ski
towns as far west as Vail. From there, a
gap in coverage stretches to Grand Junc-
tion. Montrose and Delta are scheduled for
installation of cellular service late this
year. •-
Aspen, Breckenridge, Keystone, Copper
Mountain, Vail, Beaver Creek and Snow
mass Village are all covered by U 5 West,
because of high tourist traffic and other
demographic data.
Glass said the companies are pursing
different strategies. Cellular One is con-
centrating on the transportation corridor.
while 11 S West is focusing on towns to
serve their residents.
"They've developed at different rates in
different parts of the country, and I like
both," he said. "Between the two, there's
- excellent 1-70 coverage from Denver to
- Vail,' even through Clear Creek Canyon. In
the skl towns, I've gdt U S West."
When interviewed, Glass admitted he
. was In the Frisco vicinity, but wouldn't
give his enact whereabouts.
No mountain- bike or. fly *rod' sounds,
'Could be heard. - ..� • •
. -
'93 0O'0` :07
3B3 279 II GERALD FREE11RH 02
..rss.....•.0.0, '9ur , titg. 1. 1993
Mom-thinl.s fast, .hey s
family survive crash
By LB, Moehrdnger
Rath MowitaixNowt Staff Writer
A Canadian family walked
sway from a plane crash near
Wolf Creek Paas late Friday,
camping next to their wrecked
aircraft overnight and then hik-
ing out of the wilderness area
with rescuers Saturday morning.
After piloting a tricky crash-
landing, the family's mother,
Sheila Grubs, took every step to
ensure the survival of her hus-
band, Alex, their &year-old son,
Lukas, and their 6 -year-old
daughter, Nadia, according to of-
f€dals of the Colorado Civil Air
Patrol.
"Speed is what ]tills you on
crashes, and she was able to
keep the speed dooms to the point
of keeping the landing," said
Mike Fensten, a patrol spokes-
man.
What caused the crash was
not dear, though Sheila Gurba
did tell Fensten that the moun-
tain was suddenly upon her. "All
of a sudden, .the tmutnain was
there," he said, "and she made a
quick, critical declaim to save
her family's life." •
The only injuries suffered in
the crash of the leased Cessna
152 were minor laceratlona to
Alex Gurba'a face. -
Sheila Gurba burst into tears'
when ahe saw resale planes
overhead at dawn.
"She said ale just lost it, the
tears started pouring When she
knew her family would be OK,"
Penmen said.
Along with their teat, the fam-
ily was equipped with sleeping
bags, fuel for a campfire and
enough grapes and trail mix to
make a modest supper.
Most important, Fensten said,
the Gurbas filed a flight plan
before taking off about 6 p.m.
from Durango. Later, Sheila
Gurba made sure the emergency
beacon was blipping toward res-
cue satellites.
At the time of the crash, about
6:30 p.m., the Gurbas were ex-
pected in Colorado Springs by
Alex's sister, whom they were
13Ding to visit es part of a tour of
.S. vacation spots, also includ-
ing the Grand Canyon, Las Ve-
gas and Durango.
• The Gurbas would not answer
specie questions about possible
causes of the crash, pending an
investigation.
Sheila Gurba said her family
was weary but well.
In the future, however, there
is one thing the Gurba family will
bring on vacation, along with
camping gear and trail mix, �r
"A�atr phone would've
.leen nice," she said.