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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION SPECIAL/CONDITIONAL USE PERMIT Date: SOT -4"A 42 l27 /9 93 Applicant: US,VA,T N2w Via -TM 6Y2o(ki Ztuc 11A_ 6d2XDUf;17,0LC Address of Applicant: Iqd 4 SOL AU(I /O© Special/ : C-4-+-u��(L Legal Description: sue_ Irrr-rutto Practical Description (location with respect to highways, county roads, and residences): () Requirements: 1. Plans and specifications for proposed use (hours of operation, no. of vehicles/day, location and size of structures, etc.). 2. Existing'or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 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. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. 6. A base fee of $ 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. 7. Attach a copy of proof of ownership for your property (deed, title insurance). 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. it11.% � RuTrE z.. Applicant Date 2 z) (993 THE WALTER GROUP September 21, 1993 140 Lakeside Ave. Suite 100 Seattle, WA 98122-6578 (206) 328 0808 Fax (206) 328 0815 Special Use Permit Ap lication Applicant: Colorado RSA No.3 Limited Partnership US West New Vector Group, Inc. General Partner Agent: The Walter Group, Inc. David T. Rutter Senior Vice President Address: 140 Lakeside Avenue Suite 100 Seattle, Washington 98122 Special Use: Cellular Telephone Communications Facility Legal Description: (see attached survey) A portion of land situated in the northern portion of Lot 3, Senor Mesa Exemption Plat as recorded at reception number 429625. A 40 foot by 50 foot leased parcel on said Lot 3 above, being a portion of the Northeast 1/4 of Section 35, Township 5 South, Range 90 West of the Sixth Principal Meridian. Practical Description (location with respect to highways, county roads, and residences): (see attached vicinity map) The site is located on Mr. and Mrs. Lee Finnels property (assessors parcel # 2123-351-00-120) just north and west of the intersection with Interstate 70 and Exit 109. Requirements: It is the intention of US West New Vector Group, Inc. to install a Cellular Telephone Communications Facility (cell site) on property owned by Mr. and Mrs. Lee Finnel. The proposed facility is designed to provide cellular telephone coverage to the Newcastle Community of Garfield County in addition to a portion of Interstate 70. This site is one of several that comprise the system known as Rural Service Area 350 which has been awarded to Colorado RSA No. 3 Limited Partnership by the Federal Communications Commission. The cell site will consist of a 12 foot by 12 foot prefabricated equipment shelter installed on a permanent foundation along with a 40 foot wooden telephone pole to which as many as four whip type antennae will be attached. The antennae to be mounted to the pole will be approximately 11 feet 3 inches tall with a base diameter of 3 inches tapering to approximately 1.5 inches at the tip. The cell site will be unmanned and require only periodic (bi- monthly) visits by technicians for maintenance purposes after initial construction. The site will require only single phase (residential, 100 amp 120/240V) AC power and telephone which both exist in quantities sufficient for the proposed use. Construction is planned to occur over a period of two weeks. The construction will maintain existing drainage and storm water disposal unless directed otherwise by permit. Access to the site will be via existing private and public roadway. The pole is situated on Mr. Finnel's property amongst several large fruit trees so as to mitigate any adverse visual effects. Power and telephone will be buried to the site from existing overhead facilities (wooden telephone poles). Surrounding Property owners: 097 Deborah L. Kaufman 406-138 Road Glenwood Springs, CO 81601 099 Colorado National Bank of Denver, Trustee Williams Trust Exemption P.O. Box 5168 Denver, CO 80217 121 Heather Ann Adams and Hiro Teiva 375 Diamond Street Laguna Beach, CA 92651 119 Dieter and Carina Sander 142 Peachblow Lane Basalt, CO 81621 118 Kathryn E. Williams 305 Maple Street Glenwood Springs, CO 81601 060 Dorothy Bowels 44523 US Highway 6 and 24 Glenwood Springs, CO 81601 1' RECORDED AT l 34 O'CLOCK F.M. MAR 2 6 1992 REC . p 43236`7 MILDRED ALSDORFi COUNTY CLERK BOOK 826 °PIGE9( PROTECTIVE COVENANTS OF SENOR MESA EXEMPTION RECITAL. The undersigned being all of the owners of the real property described as the Senor Mesa Exemption according to the Plat recorded on December 5, 1991 as Reception No. 429625, Garfield County Records, hereby execute and shall cause to be recorded these Protective Covenants for the Senor Mesa Exemption effective as of the 26th day of December, 1991. II. LANDS COVERED - DEFINITIONS. 1. "Lot" means a platted Lot located within the Senor Mesa Exemption. 2. "Senor Mesa Exemption" means all of the Lots in the Senor Mesa Exemption III. GENERAL: PURPOSES. SENOR MESA EXEMPTION MEMBERSHIP. 1. General Declaration. The owners of the Senor Mesa Exemption declare the following Protective and Restrictive Covenants for the use and benefit of those who, from time to time, shall hold title to or otherwise have an interest in the Lots comprising the Senor Mesa Exemption. 2. Purpose. The intention of the owners as expressed by their execution of this instrument, is that the lands within the Senor Mesa Exemption be developed and maintained as a highly desirable rural residential area. These covenants are intended to protect, insofar as possible, the scenic and secluded quality of the Senor Mesa Exemption, together with giving ample consideration to the present environment, view, and surroundings of the Senor Mesa Exemption so that the rural residential development will be in harmony with the aforementioned qualities. IV. GENERAL RESTRICTIONS. 1. Animals. Owners and lessees of Lots within the Senor Mesa Exemption may have ordinary household pets, including horses, belonging to the household on each Lot. No more than four (4) dogs shall be allowed on each Lot. Such pets shall be kept and restrained exclusively within the boundaries of the pet owner's Lot and must not annoy the owners of other Lots. Any owner or lessee of a Lot in the Senor Mesa Exemption shall remove any household pet which is not disciplined or which does constitute an undue annoyance to owners and lessees of Lots within the Senor Mesa Exemption or adjacent property. Owners and lessees of Lots within the Senor Mesa Exemption may have such other animals, so long as such animals are bred, raised and kept in conformity with the purposes of these covenants. In addition to household pets, horses, cattle, sheep, goats or other animals, numbering not more than ten (10) in aggregate, are permitted to be bread, raised or maintained on each Lot; provided that no animals may be bred, raised or kept for commercial purposes. fly II 11 • 0 BOOK 826 plaE9C 2. Service Yards and Trash. All clothes lines, equipment, service or storage piles on any Lot in the Senor Mesa Exemption shall be kept screened by adequate planting or fencing so as to be concealed from the view of neighboring Lots and streets and access roads. All rubbish and trash shall be removed from all Lots and shall not be buried or incinerated or allowed to accumulate. V. RESTRICTIONS ON LOTS. 1. Number and Location of Buildings. No buildings or structures shall be placed, altered, erected, or permitted to remain on any Lot other than: (a) One (1) detached primary single-family dwelling with a minimum of eighteen hundred (1,800) square feet, as measured on the outside of the building, excluding porches and garages; and (b) One (1) detached guest or servant house with a minimum of eight hundred (800) square feet; and (c) Such other buildings as are permitted by Garfield County land use, subdivision and zoning laws. 2. Setbacks. All buildings and structures on all Lots in the Senor Mesa Exemption shall be set back at least two hundred (200) feet from all Lot boundary lines. 3. Antennae. Exposed or outside radio, television or other electronic antennae shall be allowed on any Lot, so long as they do not unreasonably or adversely affect view planes from neighboring Lots. 4. Tanks. Except for the storage of propane, no elevated tanks of any kind shall be erected, placed or permitted upon any Lot. Any tank used in connection with any dwelling house or other structure on any Lot, including tanks for storage of gas, fuel oil, gasoline, oil or water, shall be buried. 5. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, travel trailer, mobile home, modular home, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot except during construction periods and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. 6. Exterior Lighting and Sound. No exterior lights or light standards, or any exterior 4 sound generating or emitting system on a Lot shall be constructed, created or permitted so as to cause lighting and sound nuisances to other Lots within the Senor Mesa Exemption. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or tolerated on any Lot within the Senor Mesa Exemption. -13- G QOOK 826 PACE9OE 7. Fences. It is the general intent of these covenants that all perimeter fencing within the Senor Mesa Exemption have a continuity of appearance in keeping with the native setting and surroundings of the Senor Mesa Exemption. All perimeter fencing shall be of a non -view obstructing ranch type rail nature not to exceed six (6) feet in height. Barbed wire fences shall be permitted. 8. Automobile Repair and Unlicensed Automobiles. No unlicensed automobiles or other vehicles shall be allowed to remain on any Lot within the Senor Mesa Exemption, except for farm vehicles used upon such Lot. 9. Operation of Motorized Vehicles. Dune buggies, motorcycles, trail bikes, snowmobiles and other motorized vehicles with appropriate muffler or other noise controls shall be permitted for use in property maintenance, but such vehicles shall not be operated on any Lot in the Senor Mesa Exemption for recreational purposes. VI. ENFORCEMENT. 1. Enforcement Actions. Any Lot owner shall have the right to prosecute any action to enforce any of the provisions of any or all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of any other Lots in the Senor Mesa Exemption. In addition, each owner of a Lot within Senor Mesa Exemption shall have the right to prosecute any action for damages by reasons of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced on any Lot in the Senor Mesa Exemption in violation of these covenants and no action is commenced within ninety (90) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall be available to any party aggrieved. Said ninety (90) day limitation shall not apply to injunctive or equitable relief against other violations of these covenants. VII. GENERAL PROVISIONS. 1. Existing Non -Conformities. The buildings and structures located on Lot 3 of the Senor Mesa Exemption do not strictly comply with the terms of these Protective Covenants. As such, they shall be deemed non -conforming structures. In the event of damage or destruction of all or any part of the improvements located upon Lot 3, the owner of Lot 3 shall be permitted to restore or replace such improvements provided the replacement or restored structure does not exhibit a "greater degree of non -conformity from these covenants than the existing improvements. 2. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the Lots in the Senor Mesa Exemption, and the 1.1 u! BOOK 826 pMME911 benefits and burdens of all said covenants shall run with the title to all of the Lots. 3. Termination and Amendment of Covenants. These covenants may be terminated or amended by a vote of three-fourths of the Lot owners of the Senor Mesa Exemption, said vote to be cast at any meeting called for the purpose, provided a properly certified copy of the Resolution of Amendment be recorded in the Garfield County, Colorado real property records. The foregoing notwithstanding, these protective covenants, shall not be amended or terminated except by unanimous vote of the owners until such time as two (2) of the four (4) Lots in the Senor Mesa Exemption have been sold and conveyed by the undersigned Trustee or its successor in interest. 4. Hunting, Use of Firearms. Hunting of any type on the Senor Mesa Exemption or any properties covered by these covenants shall be forbidden and prohibited throughout the year. The use of firearms for recreational purposes or for target practice shall be restricted to especially constructed and supervised enclosures to avoid accidental injuries and damage. 5. Severabilitv. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 6. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. THE COLORADO NATIONAL BANK OF DENVER, Trustee Under the Will cif H.P. Williams Ir. 1 By: //&2 2I Lee Finnell Homer L. Hancock, Vice President BOOK 826 pAGE9 i�' STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) ll f ,�1,,"J 1 The foregoing instrument was acknowledged before me this %[o'day of " / tJ , 199 by Homer L. Hancock, as Vice President of The Colorado National Bank of Denver, Trustee Under the Will of Henry P. Williams, Jr. • '.Wiiness Amy hand and official seal. • }yzcomnussion expires: t.,• nv .• STATE OF COLORADO COUNTY OF eva,9,/193 ) ss. et-t-GgAi 9e - Notary Public The foregoing instrument was acknowledged before me this 2 day of by Lee Finnell. Witness my hand and official seal. „wit ''r,li / ' • / S My commission,ertihreA: , �7jf", �G,•........ •O NOTARY r PUf lic• 199 - Notary Public 4 Carina Sander Peaclrblow Lane Basalt 81621 October 26, 1993 Board of County Commissioners Garfield County 109 -8th Street Glenwood Springs CO 81601 Re: US West Vector Group/The Walter Group Spec. Use Application Dear Commissioners, We appreciate notice of this application for the installation of a cellular telecommunication facility on Lot 3 of the Senor Mesa Exemption. We own Lot 2. Originally,.1 was uncommitted, but on checking into this matter, I am now opposed to ,the proposed facility. My concern is not only about probable interference with TV, radio, and satellite reception, but also, our covenants provide that all utilities be underground to preserve the aesthetic values of the adjoining properties. Erection of a 40.feet high pole etc. violates the standards we have agreed to live up to. This installation would diminish the value of my property. Therefore, 1 respectfully request that you deny this appli- cation. Thank you. Sincerely, r �' 04-1•0 to REMOVE EXISTING 10" CMP AND REPLACE W/ NEW 14" CMP. LAB LVED. ;ITE • • EXISTING REMOVE EXISTING GATE POWER POLE AND REPLACE WITH NEW GATE SEE ELECTRICAL,'' >,/ - SEE DETAIL 2/R-1 COMMENCE ROADWORK AT / THIS LOCATION. / // / ' BURIED POI/ER AND TELEPHONE SEE ELECTRICAL TELEPHONE POLE / 7 48" TREE) 07.I 30 HIGH • • LAT r&0 39.3 NG 4'34„ 15"TREEII0��27,31 20' HIGH/I0? NE ,I4.4k 14.1 I 1 s•41 '„ 4' h 16.1 0,00 i 12.5 n \ C37 / 16"STUMP •�' 0 te0 /� .�0 2p0II0QSe pa�'ee1 O v ) \ Square 13.9 \ 17��TREE 5 ISL © /, ' 31,111G 1 Utility Easement '/11Q 15"TREE / A 5 05.1 / . O 11( 12"TREEN ▪ 12.3 i N b, � 5"TREE 50.00 41 ' 13„ 12.9 iq /1CTREE . 19. 8 � I©' HIGH 18.1 16.2 /"/ 12"TREE 3 lK 17,2 12 HIGH Feet v0 \ co 0• � v ti JiE o • �12 4 SMALL TREES;" DOUBLE 17 TREE/ 14.6 40' HIGH 20.7 /21.7 MALL TES 18.6 14' H171 CMP • % / / / / / -1,- / 4 \� "tJ,°o\ GATE-.... / / • 1b / / \ ` 7 DIA. . POST / rCo. / _k,/ \\\ ` v y r�jti 0 !GATE \ 05.0 BUSH / , / 1 POST \ tfl, \ 4" REE r- �S / W` \ apIREE ^ 0/\\. /\/�SHED / / I -•'-- / / / N 76' A'1 3 P' / ~ 1 / - - - - - -A / Pole / 7 / 3 7 Ou/ / / / • • • P1EiL_VILW_ W/G BRIDGE SUPPORT n BLDG. FUTI,{1E OM DI RECTI CNAL ANTI1W U-D(LT < 4'-0' 1. PI PE 4. U-DCL.T 1. x 4'-0' GALV. SID. PI FE MNI-DIRECTIONAL NT ENNA YP. OF 3) PI Rm ANTE-MAE SUPPCI1T 10 ' -0 ' (Jill DI RECTI OVAL ANTEN (TYP. CF 3) WAVE GUIDE ©ANDING STRAP a 48" o.c. SEL 3/A-3 WOm PILE 40' 0' fiIGII 12 DIA. o TOP (APITIO6(.1 WAVE GUIDE DRI DGE IIVAC S1 I I I I I I I I I I I I I I I I I I I 1 9 p SOUTH ELEVATION SCALE: 1/4" = 1' 0" U S WEST NewVector Group. Inc • x Frac ' 1 `wESt NEW VECTOR GROUP September 14, 1993 TO WHOM IT MAY CONCERN: We, at U S WEST NewVector Group, Inc., have authorized The Walter Group, 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 on 303-754-6245 or on my portable, 303-550-0046. Sincerely, Jane L. Alcorn Regional Real Estate & Zoning Manager U S WEST Cellular U S WEST Paging THE WALTER GROUP September 21, 1993 140 Lakeside Ave. Suite 100 Searle, WA 98122-6578 (206) 328 0808 Fax (206) 328 0815 Special Use Permit ApiAlication Applicant: Colorado RSA No.3 Limited Partnership US West New Vector Group, Inc. General Partner Agent: The Walter Group, Inc. David T. Rutter Senior Vice President Address: 140 Lakeside Avenue Suite 100 Seattle, Washington 98122 Special Use: Cellular Telephone Communications Facility Legal Description: (see attached survey) A portion of land situated in the northern portion of Lot 3, Senor Mesa Exemption Plat as recorded at reception number 429625. A 40 foot by 50 foot leased parcel on said Lot 3 above, being a portion of the Northeast 1/4 of Section 35, Township 5 South, Range 90 West of the Sixth Principal Meridian. Practical Description (location with respect to highways, county roads, and residences): (see attached vicinity map) The site is located on Mr. and Mrs. Lee Finnels property (assessors parcel # 2123-351-00-120) just north and west of the intersection with Interstate 70 and Exit 109. Requirements: It is the intention of US West New Vector Group, Inc. to install a Cellular Telephone Communications Facility (cell site) on property owned by Mr. and Mrs. Lee Finnel. The proposed facility is designed to provide cellular telephone coverage to the Newcastle Community of Garfield County in addition to a portion of Interstate 70. This site is one of several that comprise the r • system known as Rural Service Area 350 which has been awarded to Colorado RSA No. 3 Limited Partnership by the Federal Communications Commission. The cell site will consist of a 12 foot by 12 foot prefabricated equipment shelter installed on a permanent foundation along with a 40 foot wooden telephone pole to which as many as four whip type antennae will be attached. The antennae to be mounted to the pole will be approximately 11 feet 3 inches tall with a base diameter of 3 inches tapering to approximately 1.5 inches at the tip. The cell site will be unmanned and require only periodic (bi- monthly) visits by technicians for maintenance purposes after initial construction. The site will require only single phase (residential, 100 amp 120/240V) AC power and telephone which both exist in quantities sufficient for the proposed use. Construction is planned to occur over a period of two weeks. The construction will maintain existing drainage and storm water disposal unless directed otherwise by permit. Access to the site will be via existing private and public roadway. The pole is situated on Mr. Finnel's property amongst several large fruit trees so as to mitigate any adverse visual effects. Power and telephone will be buried to the site from existing overhead facilities (wooden telephone poles). Surrounding Property owners: 097 Deborah L. Kaufman 406-138 Road Glenwood Springs, CO 81601 099 Colorado National Bank of Denver, Trustee Williams Trust Exemption P.O. Box 5168 Denver, CO 80217 121 Heather Ann Adams and Hiro Teiva 375 Diamond Street Laguna Beach, CA 92651 119 Dieter and Carina Sander 142 Peachblow Lane Basalt, CO 81621 118 Kathryn E. Williams 305 Maple Street Glenwood Springs, CO 81601 060 Dorothy Bowels 44523 US Highway 6 and 24 Glenwood Springs, CO 81601 ORLGINAL CO3NEWCASTLE-4 OPTION AND LEASE AGREEMENT This Agreement, made 75-L./LK � , 19 ?., between Lee Finnell, hereinafter referred to as the "LESSOR", and Colorado RSA No. 3 Limited Partnership, U S WEST NewVector Group, Inc., General Partner, hereinafter referred to as the "TENANT". RECITALS 1. LESSOR is the owner of certain real property located in the County of Garfield, State of Colorado, and 2. TENANT desires to obtain an option to lease a portion of said real property, the leased portion of which shall be hereinafter referred to as "Property," for the purposes of constructing, maintaining and operating a Mobile Communications Facility and uses incidental thereto, including rights-of-way and easements for ingress, egress and utilities, containing approximately 2,000 square feet, described in Exhibit "A", and its sub -parts, attached hereto and incorporated herein by this reference. AGREEMENT NOW, THEREFORE, in consideration of the sum of One Thousand Dollars ($1,000.00), hereinafter referred to as Option Money, to be paid by TENANT to LESSOR, which TENANT will provide upon its execution of this Agreement, the LESSOR hereby grants to TENANT the right and option to obtain an easement over, under, along and across said Property, including rights-of-way and easements for ingress, egress and utilities for access thereto, for the term and in accordance with OAlmOO Lwp 04/22/91 1 • • the covenants and conditions set forth herein. The Option may be exercised at any time on or before May 31, 1994. At TENANT's election and upon TENANT's prior written notification to LESSOR, the time during which the Option may be exercised may be further extended for one additional period of one year, through and including May 31, 1995, with an additional payment of One Thousand Dollars ($1,000.00) by TENANT to LESSOR for the option period so extended. The time during which the Option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the Agreement if the option is exercised, the LESSOR decides to subdivide, sell, or change the status of the Property or his property contiguous thereto, he shall immediately notify TENANT in writing so that TENANT can take any steps necessary to protect TENANT's interest in the Property. This Option may not be sold, assigned, or transferred at any time by TENANT except to TENANT's affiliates or subsidiaries. As to other parties, this Option may not be sold, assigned, or transferred without the written consent of the LESSOR, which consent not to be unreasonably withheld. Should TENANT fail to exercise this Option or any extension thereof within the time herein specified, all rights and privileges granted hereunder shall be deemed completely surrendered, this Option terminated, and LESSOR shall retain all money paid for the Option, and no additional money shall be payable by either party to the other. The LESSOR shall permit TENANT, during the Option period, free ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests, environmental assessments, Onrrfnt.wp (4/22141 2 • • and other activities of a similar nature as TENANT may deem necessary, at the sole cost of TENANT. If in the event TENANT does not exercise the option, all damage from such tests shall be repaired and the property restored to its original condition. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description and/or a survey of said Property, and said metes and bounds legal description and/or survey shall then become Exhibit "B", which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A", or its subparts. Cost of such work shall be paid by TENANT. The antennas and appurtenances shall be specified and provided by TENANT along with plans and specifications for their installation. Said plans and specifications are subject to LESSOR's approval, such approval not to be unreasonably withheld. Notice of the exercise of the Option shall be given by TENANT to the LESSOR in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is postmarked. On the effective date of such notice the following Agreement shall take effect. LEASE AGREEMENT 1. LESSOR hereby leases to TENANT that certain parcel of property (hereinafter "Property") containing 2000 square feet situated on NE 1/4, Sec. 35, T5S, R9OW, 6PM and shown as Assessor's Parcel # 2123-351-00-120, County of Garfield, State of Colorado, together with the nonexclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, OA(Wf01.WP 04122/91 3 • • cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending from the nearest public right-of-way, 319 Road, to the Property. LESSOR agrees, without delay, to execute any such further easement documents as may be required by any and all utility companies in connection with TENANT's use of said Property. Said Property, right-of-way and nonexclusive easement for ingress, egress and utilities are described herein in Exhibit "A", and its subparts, attached hereto and made a part hereof by this reference. 2. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description and/or a survey of said Property, and said metes and bounds legal description and/or survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A", and its subparts. Cost of such work shall be paid by TENANT. The antennas and appurtenances shall be specified and provided by TENANT along with plans and specifications for their installation. approval, such Said plans and specifications are subject to approval not to be unreasonably withheld. 3. This Agreement shall be for an initial commencing on the date the option is exercised term of five LESSOR's (5) years, by TENANT TO LESSOR of Seven Thousand Two Hundred Dollars ($7,200) payable in the amount of Six Hundred Dollars ($600.00) per month, in advance, to Lee Finnell or to such other person, firm, or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any payment date. 4. TENANT shall have the right to extend the term of this Lease OACFOOI.WP (4/22191 4 • • for four (4) additional five (5) year terms by giving the LESSOR written notice of its intention to do so at least to the expiration of the original or any extended 5. Consideration for the first five (5) year six (6) months prior term of the Lease. extension term shall be Eight Thousand Six Hundred Forty Dollars ($8,640.00) per year, payable in the amount of Seven Hundred Twenty Dollars ($720.00) per month; Ten Thousand Three Hundred Sixty -Eight Dollars ($10,368.00) per year, for the second (2nd) five (5) year extension term payable in amount of Eight Hundred Sixty -Four ($864.00) per month; Twelve Thousand Four Hundred Forty -Four Dollars ($12,444.00) per year for the the third (3rd) five (5) year extension term payable in the amount of One Thousand Thirty -Seven Dollars ($1,037.00) per month; and Fourteen Thousand Nine Hundred Twenty -Eight Dollars ($14,928.00) per year, for the fourth (4th) five (5) year extension term payable in the amount of One Thousand Two Hundred Forty -Four Dollars ($1,244.00) per month. 6. If, at the end of the fourth (4th) five (5) year extension term, this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms, and conditions, calculated on an annual basis and payable monthly at the rate of consideration specified for the fourth (4th) five (5) year extension term, for a further term of one (1) year and for annual terms thereafter at the same rate until terminated by either party giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Should TENANT fail to make three (3) or more consecutive monthly payments to LESSOR, the LESSOR 0/V117 E1.WP 07/22/91 5 • • may at his sole discretion terminate this Agreement and exercise his right to collect past due payments from the Lease Bond provided for in Paragraph 12. The Lease Bond will also guarantee that if any mechanics' liens or judgment liens are placed on the property, related to TENANT's use or occupancy, they will be immediately removed. 7. TENANT shall use the Property for the purpose of constructing, maintaining, and operating a Mobile Communications Facility and uses incidental thereto, consisting of one (1) building of approximately 450 square feet, one antenna structure, including cellular antennas, link antennas and all necessary connecting appurtenances. The contents of said building shall include, without limitation, radio transmission and computer equipment, and emergency battery and generator equipment. A security fence consisting of chain link construction or similar, but comparable, construction may be placed around the perimeter of the Property (not including the access easement). TENANT agrees to plant twelve six-foot high Spruce trees on LESSOR's property for the purpose of shielding the installation from view, upon completion of construction of the facility. Trees to be chosen by LESSOR from a local tree farm. The cellular phone system operates on a specific set of frequencies set aside by the Federal Communications Commission (FCC) for the purpose of preventing interference from different users. Filtering of spurious signals is very tightly regulated, and no interference with radio, television or other electronic devices, including satellite receiving stations, occurs as a result of TENANT's operations. In the event of suspected interference from TENANT's cellular facility, TENANT will investigate within 48 hours of receipt of written notification from LESSOR and Onflrxnl.WP iU/22/91 6 • • resolve the issue. All improvements shall be at the TENANT's expense. TENANT shall maintain the Property in reasonable condition. It is understood and agreed that TENANT's ability to use the Property is contingent upon its obtaining, after the execution date of this Agreement, all the certificates, permits, and other approvals that may be required by any federal, state, or local authorities. LESSOR shall cooperate with TENANT in its efforts to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by TENANT. In the event that any of such applications should be finally rejected or any certificate, permit, license, or approval issued to TENANT is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that TENANT, in its sole discretion, will be unable to use that Property for its intended purposes, TENANT shall have the right to terminate this Agreement. Said termination right shall also apply in the event that TENANT is otherwise, within its sole discretion, precluded from using the Property for its intended purpose. Notice of the TENANT's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All consideration paid to LESSOR for the Lease to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations, including the payment of money, to each other and TENANT shall at TENANT's sole expense record a Quit Claim Deed in order to clear the title on the property of any interest TENANT may have had. OnCfMI WP (uav91 7 • • 8. TENANT shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its servants, employees, or agents, excepting, however, such claims or damages as may be due to or caused solely by the acts of the LESSOR, its servants or agents. TENANT shall provide satisfactory proof of liability insurance acceptable to the LESSOR for an amount no less than $1,000,000 CSI and listing the LESSOR as additional insured. 9. TENANT will be responsible for all utilities required by its use of the Property. TENANT shall pay any real estate taxes levied against Property and the improvements constructed thereon by TENANT. 10. TENANT, upon termination of this Agreement, shall, within a six month period from date of receipt of notice to LESSOR to terminate, remove its personal property and fixtures and restore the Property to its original condition, including, but not limited to restoration of the Property to a native grassland condition. A Lease Bond will be secured in the amount of $50,000.00. Such Lease Bond shall remain in full force and effect until all terms and conditions of the Lease have been met. TENANT shall make payments to LESSOR at the then existing monthly rate until such time as the removal of personal property and fixtures is completed or at the end of the six month period at which time the LESSOR may exercise his rights under the bond. 11. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property subject to the Lease to a purchaser other than TENANT, such sale shall be under OAfT•.00I.WP (14/22/9t 8 and subject to the Lease Agreement and TENANT's right hereunder, and any sale by the LESSOR of the portion of the LESSOR's property underlying any and all rights-of-way and easements for ingress, egress and utilities herein granted shall be under and subject to the right of the TENANT in and to such rights-of-way and easements. 12. LESSOR covenants that LESSOR is seized of good and sufficient title and interest in the property subject to the Lease and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments, or impediments of title on the property covered by the Lease. 13. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises, or understandings shall or will be binding upon either the LESSOR or TENANT in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. 14. This Option and Lease Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Colorado. 15. LESSOR covenants that TENANT, paying the rent and performing the covenants by it herein made, shall and may peacefully and quietly have, hold, and enjoy the leased Property. 16. This Option and Lease Agreement (including the easement for ingress, egress and utilities) may not be sold, assigned, or transferred at any time by TENANT except to TENANT's affiliates or OAGEO)I .WP (A/22/9I 9 • • subsidiaries. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. 17. In the event that either party hereto shall institute suit to enforce any rights hereunder, the prevailing party shall be entitled to recover court costs and a reasonable attorney's fee. Upon appeal, the prevailing party shall be entitled to recovery of court costs and reasonable attorneys' fees incurred as a result of such appeal. 18. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: Colorado RSA No. 3 Limited Partnership 3350 161st Avenue Southeast P. O. Box 91211 Bellevue, Washington 98009-2211 Attn: Real Estate Department LESSOR: Lee Finnell P.O. Box 992 Glenwood Springs, CO 81602 Telephone: (303) 945-0567 19. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 20. At LESSOR's option, this Agreement shall be subordinate to any mortgage by LESSOR which, from time to time, may encumber all or part of the Property and any or all rights-of-way and easements thereto; provided, however, every such mortgage shall recognize the OA(7E0111 . WP (14/22/91 10 validity of this Agreement in the event of a foreclosure of LESSOR's interest and also TENANT's right to remain in occupancy of and have access to the Property as long as TENANT is not in default of this Agreement. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination clause. If the Property is presently encumbered by one or more mortgages, LESSOR will provide TENANT with a Non -Disturbance Agreement in recordable form for each such mortgage. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: Lee Finnell ,, Gc-s c.L Name SS # or Taxpayer ID# TENANT: Colorado RSA No. 3 Limited Partnership by U S WEST NewVector Group, Inc. General Partner By: Its: OAC, OO1.WP 04/22:91 11 Exhibit "A" CO3 NEWcAsTLE Situated on a portion of HE 1/4, Sec. 35, T5S, R90W, 6PM Shown as Assessor's Parcel # 2123-351-00-120 Garfield County, State of Colorado UE !1177 el r x < < x 7( X X. x x x (n8) (oe;11 4p'x Su' �Atf F� 0191------ gceess 97 (121) 1 _S`�a 0,m/- / J(U99) •-- /(098) - / 2-0 (S-1) X ; 1,\,..<..< 7 JC )" •< '<, • . ' A 1. M 11`; ~ 1)1 L "JK (or.. ) O 1/ i ) r z N (;reek 1v1nI' iIII) :.7.I r1- 3;- uF 1 (, 1)1- 2 1 2.5--•.5(i? 0(1--027 TAX EX. t H.1..).(. HI)) HI M. •\ i 'tin() 2 1 R 3 I oilO 1JOIln'Iy Il(licel r11111I1 ' I llti(''l i'; .. 1 (Is( ISI„' 1, min 1 953) 'Jr 3 1 •/ 6 l f / , t_) 16'11(w ,OO INDIVIDUAL ACKNOWLEDGMENT State of 2-0 ) ) ss. County of 6/9‘7---/c� ) On this day personally appeared before me / u-- / // to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this Z3- day of c OTARY • BLIC in a • for t State = 6vu0,,00 residing at 9c C 0 9,(4'u Glc.) C.'/6b/ GARFIELD COUNTY fra BUILDING AND PLANNING September 30, 1993 David Rutter The Walter Group, Inc. 140 Lakeside Avenue, Suite 100 Seattle, WA 98122 RE: Special Use Permit - Conuntmication Facility Dear David: Your request for a Special Use Permit, identified on the enclosed public notice form, has been scheduled for a public hearing before the Board of County Conunissioners on November 1, 1993 at 2:00 p.m., in the Conun issioner's Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you be present at the hearing. I sincerely apologize for not being able to schedule your hearing before the Board of County Conunissioners on October 18, 1993. Garfield County Zoning Regulations require that a legal notice run in a general circulation newspaper at least 15 days prior to the hearing. This would have required the notice appear in the paper by Friday, October 1. I had attempted to run the public notice for you, but submittal requirements for the local paper (The Glenwood Post) prevented the notice from meeting the deadline. A copy of the enclosed public notice should be submitted to the Valley Journal, for publication one time at least 15 days prior to the hearing. Since the Valley Journal is a weekly, you should contact the paper as soon as possible to ensure compliance with the 15 day requirement. You will also need to contact the newspaper directly regarding obtaining the proof of publication and billing. In addition,copies of the public notice form must be nailed by certified return -receipt to all adjacent property owners no less than 5 days prior to the hearing. All mailings should be completed no later than October 27, 1993 to ensure compliance. The proof of publication from the newspaper of general circulation and return - receipt from the mailings must be submitted by the applicant at, or prior to, the public hearing. Please contact this office if you have further questions regarding your application of the public hearing. S1 David Ii. Michaelson Planner DFIM/sa 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • PUBLIC NOTICE TAKE NOTICE that U.S. West New Vector Group, Inc. / The Walter Group, Inc. has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: A portion of land located in the northern portion of Lot 3, Senor Mesa Exemption Plat as recorded at reception number 429625. A 40 foot by 50 foot leased parcel on said Lot 3 above, being a portion of the Northeast 1/4 of Section 35, Township 5 South, Range 90 West of the 6th P.M. Practical Description: A parcel located just north and west of the intersection of Interstate 70 and Exit 109, approximately 3.5 miles east of the Town of New Castle. Said Special Use Permit is to allow the Petitioner to locate a cellular telecommunications Facility, consisting of a 12 foot by 12 foot prefabricated equipment shelter with a 40 foot wooden telephone pole to which four (4) whip type antennas extending approximately eleven inches (11") from the top of the pole on the above described property. All persons affected by the proposed Special Use Permit are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special Use Permit request, 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. This Special Use Permit application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application for the above Special Use Permit has been set for the 1st day of November, 1993, at the hour of 2:00 p.m., at the office of the Board of County Comrnissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Carina Sander Peachblow Lane Basalt 81621 October 26, 1993 Board of County Commissioners Garfield County 109 -8th Street Glenwood Springs CO 81601 Re: US West Vector Group/The Walter Group Spec. Use Application Dear Commissioners, We appreciate notice of this application for the installation of a cellular telecommunication facility on Lot 3 of the Senor Mesa Exemption. We own Lot 2. Originally, I was uncommitted, but on checking into this matter, I am now opposed to the proposed facility. My concern is not only about probable interference with TV, radio, and satellite reception, but also, our covenants provide that all utilities be underground to preserve the aesthetic values of the adjoining properties. Erection of a 40 feet high pole etc. violates the standards we have agreed to live up to. This installation would diminish the value of my property. Therefore, I respectfully request that you deny this appli- cation. Thank you. Sincerely, irRECERiFr OCT 2 7 1993 COUNTY COMMISSIONEK; • 1993 Carina Sander Peachblow Lane Basalt 81621 October 26, 1993 Board of County Commissioners Garfield County 109 -8th Street Glenwood Springs CO 81601 Re: US West Vector Group/The Walter Group Spec. Use Application Dear Commissioners, We appreciate notice of this application for the installation of a cellular telecommunication facility on Lot 3 of the Senor Mesa Exemption. We own Lot 2. Originally, I was uncommitted, but on checking into this matter, I am now opposed to, the ,proposed facility. My concern is not only about probable interference with TV, radio, and satellite reception, but also, our covenants provide that all utilities be underground to preserve the aesthetic values of the adjoining properties. Erection of a 40,feet high pole etc. violates the standards we have agreed to live up to. This installation would diminish the value of my property. Therefore, I respectfully request that you deny this appli- cation. Thank you. -Sincerely, RECORDED AT /.25=-1- 0' CLAW P.M. M266 1991 `REC p 4323607 MILDWD ALSDORF, COUNTY CLERK • f BOOK 826 ?lag( PROTECTIVE COVENANTS OF SENOR MESA EXEMPTION RECITAL. The undersigned being all of the owners of the real property described as the Senor Mesa Exemption according to the Plat recorded on December 5, 1991 as Reception No. 429625, Garfield County Records, hereby execute and shall cause to be recorded these Protective Covenants for the Senor Mesa Exemption effective as of the 26th day of December, 1991. II. LANDS COVERED - DEFINITIONS. 1. "Lot" means a platted Lot located within the Senor Mesa Exemption. 2. "Senor Mesa Exemption" means all of the Lots in the Senor Mesa Exemption III. GENERAL: PURPOSES. SENOR MESA EXEMPTION MEMBERSHIP. 1. General Declaration. The owners of the Senor Mesa Exemption declare the following Protective and Restrictive Covenants for the use and benefit of those who, from time to time, shall hold title to or otherwise have an interest in the Lots comprising the Senor Mesa Exemption. 2. Purpose. The intention of the owners as expressed by their execution of this instrument, is that the lands within the Senor Mesa Exemption be developed and maintained as a highly desirable rural residential area. These covenants are intended to protect, insofar as possible, the scenic and secluded quality of the Senor Mesa Exemption, together with giving ample consideration to the present environment, view, and surroundings of the Senor Mesa Exemption so that the rural residential development will be in harmony with the aforemendoned qualities. IV. GENERAL RESTRICTIONS. 1. Animals. Owners and lessees of Lots within the Senor Mesa Exemption may have ordinary household pets, including horses, belonging to the household on each Lot. No more than four (4) dogs shall be allowed on each Lot. Such pets shall be kept and restrained exclusively within the boundaries of the pet owner's Lot and must not annoy the owners of other Lots. Any owner or lessee of a Lot in the Senor Mesa Exemption shall remove any household pet which is not disciplined or which does constitute an undue annoyance to owners and lessees of Lots within the Senor Mesa Exemption or adjacent property. Owners and lessees of Lots within the Senor Mesa Exemption may have such other animals, so long as such animals are bred, raised and kept in conformity with the purposes of these covenants. In addition to household pets, horses, cattle, sheep, goats or other animals, numbering not more than ten (10) in aggregate, are permitted to be bread, raised or maintained on each Lot; provided that no animals may be bred, raised a 5c • or kept for commercial purposes. • BOOK 826 P!CE9C 2. Service Yards and Trash. All clothes lines, equipment, service or storage piles on any Lot in the Senor Mesa Exemption shall be kept screened by adequate planting or fencing so as to be concealed from the view of neighboring Lots and streets and access roads. All rubbish and trash shall be removed from all Lots and shall not be buried or incinerated or allowed to accumulate. V. RESTRICTIONS ON LOTS. 1. Number and Location of Buildings. No buildings or structures shall be placed, altered, erected, or permitted to remain on any Lot other than: (a) One (1) detached primary single-family dwelling with a minimum of eighteen hundred (1,800) square feet, as measured on the outside of the building, excluding porches and garages; and (b) One (1) detached guest or servant house with a minimum of eight hundred (800) square feet; and (c) Such other buildings as are permitted by Garfield County land use, subdivision and zoning laws. 2. Setbacks. All buildings and structures on all Lots in the Senor Mesa Exemption shall be set back at least two hundred (200) feet from all Lot boundary lines. 3. Antennae. Exposed or outside radio, television or other electronic antennae shall be allowed on any Lot, so long as they do not unreasonably or adversely affect view planes from neighboring Lots. 4. Tanks. Except for the storage of propane, no elevated tanks of any kind shall be erected, placed or permitted upon any Lot. Any tank used in connection with any dwelling house or other structure on any Lot, including tanks for storage of gas, fuel oil, gasoline, oil or water, shall be buried. 5. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, travel trailer, mobile home, modular home, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot except during construction periods and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. 6. Exterior Lighting and Sound. No exterior lights or light standards, or any exterior ' sound generating or emitting system on a Lot shall be constructed, created or permitted so as to cause lighting and sound nuisances to other Lots within the Senor Mesa Exemption. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or tolerated on any Lot within the Senor Mesa Exemption. 2 r. • ® 600X 826 PAGE9C;c 7. Fences. It is the general intent of these covenants that all perimeter fencing within the Senor Mesa Exemption have a continuity of appearance in keeping with the native setting and surroundings of the Senor Mesa Exemption. All perimeter fencing shall be of a non -view obstructing ranch type rail nature not to exceed six (6) feet in height. Barbed wire fences shall be permitted. 8. Automobile Repair and Unlicensed Automobiles. No unlicensed automobiles or other vehicles shall be allowed to remain on any Lot within the Senor Mesa Exemption, except for farm vehicles used upon such Lot. 9. Operation of Motorized Vehicles. Dune buggies, motorcycles, trail bikes, snowmobiles and other motorized vehicles with appropriate muffler or other noise controls shall be permitted for use in property maintenance, but such vehicles shall not be operated on any Lot in the Senor Mesa Exemption for recreational purposes. VI. ENFORCEMENT. 1. Enforcement Actions. Any Lot owner shall have the right to prosecute any action to enforce any of the provisions of any or all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of any other Lots in the Senor Mesa Exemption. In addition, each owner of a Lot within Senor Mesa Exemption shall have the right to prosecute any action for damages by reasons of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced on any Lot in the Senor Mesa Exemption in violation of these covenants and no action is commenced within ninety (90) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall be available to•any party aggrieved. Said ninety (90) day limitation shall not apply to injunctive or equitable relief against other violations of these covenants. VII. GENERAL PROVISIONS. 1. Existing Non -Conformities. The buildings and structures located on Lot 3 of the Senor Mesa Exemption do not strictly comply with the terms of these Protective Covenants. As such, they shall be deemed non -conforming structures. In the event of damage or destruction of all or any part of the improvements located upon Lot 3, the owner of Lot 3 shall be permitted to restore or replace such improvements provided the replacement or restored structure does not exhibit a "" greater degree of non -conformity from these covenants than the existing improvements. 2. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the Lots in the Senor Mesa Exemption, and the -'3 - ® BOOK 826 pAcE91( benefits and burdens of all said covenants shall run with the tide to all of the Lots. 3. Termination and Amendment of Covenants. These covenants may be terminated or amended by a vote of three-fourths of the Lot owners of the Senor Mesa Exemption, said vote to be cast at any meeting called for the purpose, provided a properly certified copy of the Resolution of Amendment be recorded in the Garfield County, Colorado real property records. The foregoing notwithstanding, these protective covenants, shall not be amended or terminated except by unanimous vote of the owners until such time as two (2) of the four (4) Lots in the Senor Mesa Exemption have been sold and conveyed by the undersigned Trustee or its successor in interest. 4 Hunting, Use of Firearms. Hunting of any type on the Senor Mesa Exemption or any properties covered by these covenants shall be forbidden and prohibited throughout the year. The use of firearms for recreational purposes or for target practice shall be restricted to especially constructed and supervised enclosures to avoid accidental injuries and damage. 5. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 6. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. 0.—C'Pi r"* THE COLORADO NATIONAL BAITK OF DENVER, Trustee Under the Will of H.P. Williams Jr. By: /2 4 ' Lee Finnell Homer L. Hancock, Vice President 4 BOOK 826 PACE9t STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this glo day of '2')1 ' , 199-2 by Homer L. Hancock, as Vice President of The Colorado National Bank of Denver, Trustee Under the Will of Henry P. Williams, Jr. . „,.`'.Witness ~kiyy'-hand and official seal. "M, •;T t I?? = a. 9 /993 y::commissidn expires: r'^ ' Notary Public STATE OF COLORADO ss. COUNTY OF C ) U The foregoing instrument was acknowledged before me this DO day of by Lee Finnell. Witness my hand and official seal. / t67•, My commission,,mligeA:, .` �.• OGS 47 NOTARY y= . r . *..).04 ill s&1 u.utO \, 5 Notary Public 199 - • October 27, 1993 Board of County Commissioners Garfield County Courthouse Suite 301 109 - 8th Street Glenwood Springs, CO 81601 RE: Special Use Permit for U.S. West for cellular telephone site Dear Board of Garfield County Commissioners: I strongly object to Mr. and Mrs. Lee Finnel's land being used as a sight for cellular phone antennas. I am contiguous to Mr. and Mrs. Finnel's property and the antennas would be visible from my property. This site is on the Senor Mesa Exemption where it clearly states in its Protective Covenants "for the use of residential sites only" (Paragraph III). These antennas will effect the value of my land which will cause damage to me. I am not trying to stand in the way of progress for this valley, but these antennas clearly cause damage to the value of my land because of its unsightly appearance in this rural setting. This Special Use Permit is also not permitted in accordance with the Road Agreement. You would b creating another user of the road and that is not permitted as stated i �ar�agraph 5 of the Road Agreement Senor Mesa Exemption. I feel that this permit should be denied on grounds that this will cause damage to the value of the land, it will set precedent for more such commercial use permits on this land and it is contrary to the intended use of the ground. Yours Truly, "(3,KI\ r.`)c- . ' \ 1.0,4„ S ry Kath n El Williams 305 Maple Street Glenwood Springs, CO ��3� • ( mnn 2 G • RECORDED AT O'CLOCK / .M. 1992 REC 11 4329lr R MILDRED ALSDORF, COUNTY CLERK ROAD AGREEMENT SENOR MESA EXEMPTION BOOK 826 p�GE9. THIS ROAD AGREEMENT (the "Agreement") is made and entered as of the /' day of , 1992 between Colorado National Bank of Denver as Trustee under the Will of Henry P. Williams, Jr. (hereinafter referred to as "Williams") and Lee Finnell. WITNESSETH: WHEREAS, Williams is the owner of Lots 1,2 and 4, and Lee Finnell is the owner of Lot 3 of the Senor Mesa Exemption, and WHEREAS, the parties hereto intend to place restrictions on the four Lots served by the existing private road shown and described on the Senor Mesa Exemption Plat recorded in the Garfield County records on December 5, 1991 as Reception No. 429625 NOW, THEREFORE, the undersigned, being all of the owners of the Lots serviced by the road described above, agree as follows: 1. Servicing of Road. Each owner of the four Lots agrees to pay his share of servicing the road. "Servicing" is described as the periodic grading and other normal maintenance of the road. Snow plowing will be the joint responsibility of those parties needing winter access as they may agree from time to time. Failure to pay the proper share of any of the cost of road servicing shall constitute a default under this Agreement. The non - defaulting parties shall have the right, but not the obligation, to advance funds to pay the share of the defaulting parties and in such case shall be entitled to a lien on any property owned by the defaulting party until the amount advanced has been repaid in full, plus interest at the national Prime Lending Rate plus four percent (4%) as of the day the funds were advanced plus all reasonable cost of collection including attorneys' fees. Any obligation of any owner of any Lot to contribute to the expense of maintenance, servicing and capital improvement or new road construction shall be limited to 25 percent (25%) of any such expense incurred with respect only to that portion of said road extending from the county road to the aforesaid driveway servicing the Lot or residence dwelling located thereon. However, until aII Lots are sold by Williams to third parties, each Lot owner's obligation shall be that fraction derived by dividing one by the number of owners using the road. Notwithstanding, no members shall be denied access because of nonpayment. 2. Capital Improvement. Each party agrees not to incur any cost for improvement that would affect the other parties without prior approval of a majority of the owners. Any cost incurred by any individual without approval shall be the sole responsibility of the party incurring the cost. ,ti • • Q [TOOK gra, .:` 3. Obstruction of Right of Way. Each party agrees that no party can obstruct the flow of traffic by erecting gates, fences, or any other barrier. Any owner has the right to install a cattle guard to contain livestock. 4. New Road Construction. It is agreed by all owners that, to, the extent practical, all new road construction shall be done so as to minimize the destruction of the natural environment and that the center line of all new roads shall be the common property line boundaries where possible. 5. Appurtenance to the Land. The road described shall be for the benefit of the exclusive use of the owners of Lots in the Senor Mesa Exemption and the Williams Canal Company and no others. The road and the rights created herein shall run with all the Lots and shall be conveyed, transferred, incumbered or otherwise dealt with as an appurtenance to the respective Lot involved. 6. Irrigation Road. In addition, owners of Lots in the Senor Mesa Exemption shall have a nonexclusive easement, for non -motorized vehicle use only, on an existing road or its replacement, used by Williams Canal Company for ditch maintenance and irrigation purposes. Such road is shown on the Senor Mesa Exemption Plat as extending in a northeasterly direction from the western boundary line of Lot 3 to the northern boundary line of Lot 1. 7. Miscellaneous. The terms and conditions of this Agreement shall be binding upon the respective parties hereto, all future owners of Lots in Senor Mesa Exemption and their respective successors, heirs, devisees, personal representatives, and assigns. The use of the singular masculine herein shall include the feminine. This Agreement shall be recorded in the records of the Clerk and Recorder, Garfield County, Colorado. IH WITNESS WHEREOF, the parties have hereunto set their hands and seals the day ;'''.ralgl,4yce r,first above written. �'• ASf r %L The Colorado National Bank of :I - Denver as Tr stee Under he Will • 3 it �j. '� of Henry P. hams, Jr. By: Iii `11 Id7(0� ''Dexnitk W. Robinson Homer L. Hancock, Assistant Vice President Vice President •' • . 0. Y '" • • STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ss. Lee Finnell () BOOK 826 nCE91 The within and foregoing instrument was acknowledged before me this /coday of �/Y1a/L Gov , 1992 by Homer L. Hancock, Vice President and Derrick W. Robinson, Assistant Vice President of The Colorado National Bank of Denver as Trustee kV. n' idr, U WiII of Henry P. Williams, Jr. R 1861Sinissio.n expires: -January 4, 1993— j,c 9, /ff3 pUpL��R2. :lJ�•.OFCV•CQT.• STATE OF COLORADO COUNTY OF ) ss. 06cA-c-e-et --Melinda-Btns-, Notary Public T 7 ST The within tnd foregoing instrument was acknowledged before me this o20 CZ day of , 1992 by Lee Finnell. My commission expires: 9 _ / g' Q6- NOTARY t P U B L l C :'e`_ 1,0F C-C)N-°" • Notary Public . RECORDED AT I a 3a O'CLO P.M. MAR 2 6 1992 REC p 432961 MILDRED ALSDORF• COUNTY CLERK • /lC/•- ; BOOK g.: PROTECTIVE COVENANTS OF SENOR MESA EXEMPTION RECITAL. The undersigned being all of the owners of the real property described as the Senor Mesa Exemption according to the Plat recorded on December 5, 1991 as Reception No. 429625, Garfield County Records, hereby execute and shall cause to be recorded these Protective Covenants for the Senor Mesa Exemption effective as of the 26th day of December, 1991. II. LANDS COVERED - DEFINITIONS. 1. "Lot" means a platted Lot located within the Senor Mesa Exemption. 2. "Senor Mesa Exemption" means all of the Lots in the Senor Mesa Exemption III. GENERAL: PURPOSES, SENOR MESA EXEMPTION MEMBERSHIP. 1. General Declaration. The owners of the Senor Mesa Exemption declare the following Protective and Restrictive Covenants for the use and benefit of those who, from time to time, shall hold title to or otherwise have an interest in the Lots comprising the Senor Mesa Exemption. 2. Purpose. The intention of the owners as expressed by their execution of this instrument, is that the lands within the Senor Mesa Exemption be developed and maintained as a highly desirable rural residential area. These covenants are intended to protect, insofar as possible, the scenic and secluded quality of the Senor Mesa Exemption, together with giving ample consideration to the present environment, view, and surroundings of the Senor Mesa Exemption so that the rural residential development will be in harmony with the aforementioned qualities. IV. GENERAL RESTRICTIONS. 1. Animals. Owners and lessees of Lots within the Senor Mesa Exemption may have ordinary household pets, including horses, belonging to the household on each Lot. No more than four (4) dogs shall be allowed on each Lot. Such pets shall be kept and restrained exclusively within the boundaries of the pet owner's Lot and must not annoy the owners of other Lots. Any owner or lessee of a Lot in the Senor Mesa Exemption shall remove any household pet which is not disciplined or which does constitute an undue annoyance to owners and lessees of Lots within the Senor Mesa Exemption or adjacent property. Owners and lessees of Lots within the Senor Mesa Exemption may have such other animals, so long as such " animals are bred, raised and kept in conformity with the purposes of these covenants. In addition to household pets, horses, cattle, sheep, goats or other animals, numbering not more than ten (10) in aggregate, are permitted to be bread, raised or maintained on each Lot; provided that no animals may be bred, raised 2.5` • • or kept for commercial purposes. BOOK S'Ctr ? C.E9C 2. Service Yards and Trash. All clothes lines, equipment, service or storage piles on any Lot in the Senor Mesa Exemption shall be kept screened by adequate planting or fencing so as to be concealed from the view of neighboring Lots and streets and access roads. All rubbish and trash shall be removed from all Lots and shall not be buried or incinerated or allowed to accumulate. ,V. RESTRICTIONS ON LOTS. 1. Number and Location of Buildings. No buildings or structures shall be placed, altered, erected, or permitted to remain on any Lot other than: (a) One (1) detached primary single-family dwelling with a minimum of eighteen hundred (1,800) square feet, as measured on the outside of the building, excluding porches and garages; and (b) One (1) detached guest or servant house with a minimum of eight hundred (800) square feet; and (c) \ Such other buildings as are permitted by Garfield County land use, 1 subdivision and zoning laws. 2. Setbacks. All buildings and structures on all Lots in the Senor Mesa Exemption shall be set back at least two hundred (200) feet from all Lot boundary lines. ,�. Antennae. Exposed or outside radio, television or other electronic antennae shall be allowed on any Lot, so long as they do not unreasonably or adversely affect view planes from neighboring Lots. 4. Tanks. Except for the storage of propane, no elevated tanks of any kind shall be erected, placed or permitted upon any Lot. Any tank used in connection with any dwelling house or other structure on any Lot, including tanks for storage of gas, fuel oil, gasoline, oil or water, shall be buried. 5. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, travel trailer, mobile home, modular home, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot except during construction periods and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. 6. Exterior Lighting and Sound. No exterior lights or light standards, or any exterior sound generating or emitting system on a Lot shall be constructed, created or permitted so as to cause lighting and sound nuisances to other Lots within the Senor Mesa Exemption. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or tolerated on any Lot within the Senor Mesa Exemption. 2 • • ink 826 r *CE999 7. Fences. It is the general intent of these covenants that all perimeter fencing within the Senor Mesa Exemption have a continuity of appearance in keeping with the native setting and surroundings of the Senor Mesa Exemption. All perimeter fencing shall be of a non -view obstructing ranch type rail nature not to exceed six (6) feet in height. Barbed wire fences shall be permitted. 8. Automobile Repair and Unlicensed Automobiles. No unlicensed automobiles or other vehicles shall be allowed to remain on any Lot within the Senor Mesa Exemption, except for farm vehicles used upon such Lot. 9. Operation of Motorized Vehicles. Dune buggies, motorcycles, trail bikes, snowmobiles and other motorized vehicles with appropriate muffler or other noise controls shall be permitted for use in property maintenance, but such vehicles shall not be operated on any Lot in the Senor Mesa Exemption for recreational purposes. VI ENFORCEMENT. 1. Enforcement Actions. Any Lot owner shall have the right to prosecute any action to enforce any of the provisions of any or all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of any other Lots in the Senor Mesa Exemption. In addition, each owner of a Lot within Senor Mesa Exemption shall have the right to prosecute any action for damages by reasons of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced on any Lot in the Senor Mesa Exemption in violation of these covenants and no action is commenced within ninety (90) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall be available to any party aggrieved. Said ninety (90) day limitation shall not apply to injunctive or equitable relief against other violations of these covenants. VII. GENERAL PROVISIONS. 1. Existing Non -Conformities. The buildings and structures located on Lot 3 of the Senor Mesa Exemption do not strictly comply with the terms of these Protective Covenants. As such, they shall be deemed non -conforming structures. In the event of damage or destruction of all or any part of the improvements located upon Lot 3, the owner of Lot 3 shall be permitted to restore or replace such improvements provided the replacement or restored structure does not exhibit a greater degree of non -conformity from these covenants than the existing improvements. 2. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the Lots in the Senor Mesa Exemption, and the --3 - • • ® BOOK 8 Ci. f'A E91( benefits and burdens of all said covenants shall run with the title to all of the Lots. 3. Termination and Amendment of Covenants. These covenants may be terminated or amended by a vote of three-fourths of the Lot owners of the Senor Mesa Exemption, said vote to be cast at any meeting called for the purpose, provided a properly certified copy of the Resolution of Amendment be recorded in the Garfield County, Colorado real property records. The foregoing notwithstanding, these protective covenants, shall not be amended or terminated except by unanimous vote of the owners until such time as two (2) of the four (4) Lots in the Senor Mesa Exemption have been sold and conveyed by the undersigned Trustee or its successor in interest. 4. Hunting, Use of Firearms. Hunting of any type on the Senor Mesa Exemption or any properties covered by these covenants shall be forbidden and prohibited throughout the year. The use of firearms for recreational purposes or for target practice shall be restricted to especially constructed and supervised enclosures to avoid accidental injuries and damage. 5. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 6. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. Lee Finnell Homer L. Hancock, Vice President THE COLORADO NATIONAL BANK OF DENVER, Trustee Under the Will of H.P. Williams Jr. By: • • • STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER BOOK 826 HOE91.1 The foregoing instrument was acknowledged before me this J' a y of INA r 1 , 199.2 by Homer L. Hancock, as Vice President of The Colorado National Bank of Denver, Trustee Under the Will of Henry P. Williams, Jr. J ti;.".Witness..k%hand and official seal. (2 S /993 `bilyxommision expires: C' - STATE'_ STATE OF COLORADO COUNTY OF G ) ss. jgj6J 9i. a•e-L.- Notary Public U tk The foregoing instrument was acknowledged before me this DO day of by Lee Finnell. Witness my hand and official seal. j� .'iMy commission�eA. C�,G,...........?,, ,, .1.• •0 I II`'� �I'? NOTARY G' rN? PU�*l ♦ 4 z , (t kkitt6s k►L 5 Notary Public 199; • E r /1-/-9,3 October 27, 1993 Board of County Commissioners Garfield County Courthouse Suite 301 109 - 8th Street Glenwood Springs, CO 81601 RE: Special Use Permit for U.S. West for cellular telephone site Dear Board of Garfield County Commissioners: I strongly object to Mr. and Mrs. Lee Finnel's land being used as a sight for cellular phone antennas. I am contiguous to Mr. and Mrs. Finnel's property and the antennas would be visible from my property. This site is on the Senor Mesa Exemption where it clearly states in its Protective Covenants "for the use of residential sites only" (Paragraph III). These antennas will effect the value of my land which will cause damage to me. I am not trying to stand in the way of progress for this valley, but these antennas clearly cause damage to the value of my land because of its unsightly appearance in this rural setting. This Special Use Permit is'p1so not permitted in accordance with the Road Agreement. You wou4 i bJ��``� reating another user of the road and that is not permitted as stated Ll er agraph 5 of the Road Agreement Senor Mesa Exemption. / !, I feel that this permit should be denied on grounds that this will cause damage to the value of the land, it will set precedent for more such commercial use permits on this land and it is contrary to the intended use of the ground. Yours Truly, 1.00,, S Kathryn Williams 305 Maple Street Glenwood Springs, CO , c7: 25/c RECORDED AT 423-E- O' CCK P. M. MAR 2 6 1992 REC 4 a 32968 MILDRED ALSDORF, COUNTY CLERK - ® BDOK 826 p^cEr�•1 'arc ROAD AGREEMENT SENOR MESA EXEMPTION C THIS OAD AGREEMENT (the "Agreement") is made and entered as of the /6—day of , 1992 between Colorado National Bank of Denver as Trustee under the Will of Henry P. Williams, Jr. (hereinafter referred to as "Williams") and Lee Finnell. WITNESSETH: WHEREAS, Williams is the owner of Lots 1,2 and 4, and Lee Finnell is the owner of Lot 3 of the Senor Mesa Exemption, and WHEREAS, the parties hereto intend to place restrictions on the four Lots served by the existing private road shown and described on the Senor Mesa Exemption Plat recorded in the Garfield County records on December 5, 1991 as Reception No. 429625 NOW, THEREFORE, the undersigned, being all of the owners of the Lots serviced by the road described above, agree as follows: 1. Servicing of Road. Each owner of the four Lots agrees to pay his share of servicing the road. "Servicing" is described as the periodic grading and other normal maintenance of the road. Snow plowing will be the joint responsibility of those parties needing winter access as they may agree from time to time. Failure to pay the proper share of any of the cost of road servicing shall constitute a default under this Agreement. The non - defaulting parties shall have the right, but not the obligation, to advance funds to pay the share of the defaulting parties and in such case shall be entitled to a lien on any property owned by the defaulting party until the amount advanced has been repaid in full, plus interest at the national Prime Lending Rate plus four percent (4%) as of the day the funds were advanced plus all reasonable cost of collection including attorneys' fees. Any obligation of any owner of any Lot to contribute to the expense of maintenance, servicing and capital improvement or new road construction shall be limited to 25 percent (25%) of any such expense incurred with respect only to that portion of said road extending from the county road to the aforesaid driveway servicing the Lot or residence dwelling located thereon. However, until all Lots are sold by Williams to third parties, each Lot owner's obligation shall be that fraction derived by dividing one by the number of owners using the road. Notwithstanding, no members shall be denied access because of nonpayment. 2. Capital Improvement. Each party agrees not to incur any cost for improvement that would affect the other parties without prior approval of a majority of the owners. Any cost incurred by any individual without approval shall be the sole responsibility of the party incurring the cost. • • BOOK 82t NOE91: 3. Obstruction of Right of Way. Each party agrees that no party can obstruct the flow of traffic by erecting gates, fences, or any other barrier. Any owner has the right to install- a cattle guard to contain livestock. 4. New Road Construction. It is agreed by all owners that, to the extent practical, all new road construction shall be done so as to minimize the destruction of the natural environment and that the center line of all new roads shall be the common property line boundaries where possible. 5. Appurtenance to the Land. The road described shall be for the benefit of the exclusive use of the owners of Lots in the Senor Mesa Exemption and the Williams Canal Company and no others. The road and the rights created herein shall run with all the Lots and shall be conveyed, transferred, incumbered or otherwise dealt with as an appurtenance to the respective Lot involved. 6. Irrigation Road. In addition, owners of Lots in the Senor Mesa Exemption shall have a nonexclusive easement, for non -motorized vehicle use only, on an existing road or its replacement, used by Williams Canal Company for ditch maintenance and irrigation purposes. Such road is shown on the Senor Mesa Exemption Plat as extending in a northeasterly direction from the western boundary line of Lot 3 to the northern boundary line of Lot 1. 7. Miscellaneous. The terms and conditions of this Agreement shall be binding upon the respective parties hereto, all future owners of Lots in Senor Mesa Exemption and their respective successors, heirs, devisees, personal representatives, and assigns. The use of the singular masculine herein shall include the feminine. This Agreement shall be recorded in the records of the Clerk and Recorder, Garfield County, Colorado. I! �A,ITNESS WHEREOF, the parties have hereunto set their hands and seals the day 141 1 11 /,,, ;,•''.�atiglA4,� r.,first above written. 6dr. °' 1413ertlitik W. Robinson Assistant Vice President The Colorado National Bank of Denver as Tstee Under he Will of Henry P. ' hams, Jr. d/ice Homer L. Hancock, Vice President By: • • Lee Finnell STATE OF COLORADO ss. CITY AND COUNTY OF DENVER ) Boox 826 7,flc91 The within and foregoing instrument was acknowledged before me this /La day of rnah CGv , 1992 by Homer L. Hancock, Vice President and Derrick W. Robinson, Assistant Vice President of The Colorado National Bank of Denver as Trustee ciOr _Will of Henry P. Williams, Jr. •' R(1P rinissia.n expires:r- o� .��•`c�4� STATE OF COLORADO COUNTY OF ss. ; (7 029 lq'3 Notary Public The within nd foregoing instrument was acknowledged before m this o20 day of , 1992 by Lee Finnell. My commission expires: 9- i g' 9. 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Apadwd uowwoo eql aq Mugs spew Mau !IV to au!I Jaluao aql leg' pue luawuoa!nua leanleu 8111 10 uo!lonalsap aql az!w!u!w 01 se os auop aq 'legs uo!lorulsuoo pew Mau Ile 'Ieo!loead lualxa am '01 `15111 SJOUMO IIe Aq paaa6e s! l] •uo!lonalsuoO peoH MON •V '{oolsan!I u!eluoo of paen6 ailleo a ilelsu! 01 lg6p 011 seg -MUM() AU I •aaweq Jaglo Aue JO 'saoual `sale6 6u!loale Aq o!lleal to Moll aql lowlsgo ueo Aped ou leg' saaa6e Aped goeD .ASM to lgb!H to uo!lonalsgp .£ • ,. Lee Finnell STATE OF COLORADO ss. CITY AND COUNTY OF DENVER ) The within and foregoing instrument was acknowledged before me this /4 / fIeUt Ceti , 1992 by Homer L. Hancock, Vice President and Robinson, Assistant Vice President of The Colorado National Bank of Denver k n)ddr, ti4e�W.ill of Henry P. Williams, Jr. � 93 i't Matktissia.n expires: oaua � . 1 4,J93--�"• STATE OF COLORADO COUNTY OF ss. BOOK 826 r CE9i day of Derrick W. as Trustee -Melinda Brans-, Notary Public PAUt-R 7 EST The within nd foregoing instrument was acknowledged before me this o74 tom. dayof ' n 1992 by Lee Finnell. My commission expires: q- I i' Q� t,,,,, Q NOTARY %. • • N,:. PUBLIC 14-4.1,•(% " �F L��'v ltt,. Notary Public 'THE WALTER GROUP 140 Lakeside Ave. Suite 100 Seattle, WA 98122-6578 (206) 328 0808 Fax (206) 328 0815 • November 12, 1993 VIA FEDERAL EXPRESS Dieter and Carina Sander 142 Peachblow lane Basalt, CO 81621 1200 19th Street, N.W. Dear Suite 607 Washington, D.C. 20036 (202) 296 2988 Fax (202) 466 3055 Ms. Williams: On behalf of U S WEST NewVector Group, Inc. (USWNVG), Lee Finnell, and The Walter Group, Inc. (TWG), please consider this letter as a formal response to the issues raised at the meeting held November 11, 1993 at Mr. Finnell's property. Since yesterdays meeting I have had several conversations with USWNVG legal council, Mr. Finnell, and appropriate USWNVG operations personnel responsible for the engineering and maintenance of the proposed New Castle cellular telephone facility. Following, is a list of items discussed and our response. Move the pole and equipment shelter from it's proposed location to the location of the existing power transformer pole located at the edge of Mr. Finnells driveway. This would move the pole to a location that is protected currently by trees in excess of 50 feet. This would protect the view plane from all adjacent properties and eliminate the need for an additional pole. As in the existing proposal all utilities would be buried. There is a rock cellar adjacent to the existing power transformer pole which would be removed to allow for the placement of the equipment shelter. This cellar is built into the hillside which would be retained so as to "hide" the equipment building. In addition, a roof structure will be erected over the shelter. This structure will be designed to fit with the character of the existing structures surrounding the proposed location. Create a fund for maintenance of the common easement. Two thousand four hundred dollars per year will be allocated to an account to be utilized by the lot owners for maintenance of the common easement. In addition, USWNVG agrees to improve the existing road (grade, drainage, flattening switchbacks, and road base) on a one time basis with a cap of five thousand dollars. T,H E WALTER GROUP • • Letter to Mr. and Mrs. Sanders November 12, 1993 Page 2 USWNVG agrees to stipulate that no future antennae will be installed on the pole higher than forty feet other than additional "whip like" antennae. In addition, USWNVG agrees to limit any additional antennae above forty feet to be 11 feet 6 inches in length or lower. Landscaping. 1.) 3 ten foot Scotch pines will be planted to the north of the proposed pole location. In addition, 3 addition pines will be placed strategically at Lee Finnells direction North and East of the building location. 2.) USWNVG agrees to plant Scotch Pine and Green Ash trees alternating every 15 feet along the north property line between Mr. Finnell's lot and the Williams lot. These trees will be planted on the Williams side of the property line. The Scotch Pine trees will be a minimum of five feet high while the Green Ash will be two inches in diameter measured at the base of the planting. Deer and Elk protection will be provided for all trees planted along the property line consisting of six feet high wire mesh supported by two steel posts at each tree. The mesh as supported will have a diameter of at least six feet. A "drip irrigation" or other suitable watering system will be provided for all trees planted along the property line and attached to the common well located on Mr. Finnell's property. Mr. Finnell has agreed to maintain the watering system throughout the terms of the lease with USWNVG. We do not however agree to replace trees that die due to disease or other natural causes. In the event of suspected interference from USWNVG's proposed cellular facility with consumer electronic devices such as television or short wave radio, USWNVG will investigate within 48 hours of receipt of written notification from lot owners and resolve the issue. As we discussed yesterday and as I have confirmed today, USWNVG will Not enter into agreements with individual lot owners. It is also the position of USWNVG that it is in 'T. H E WALTER GROUP • • • Letter to Mr. and Mrs. Sander November 12, 1993 Page Three compliance with the covenants as they exist today. The above is an attempt to mitigate potential adverse effects of the proposed facility as directed by the County Commissioners on November 1, 1993. USWNVG agrees to abide by the conditions set forth at this hearing. We assume that the Commissioners will agree to the above additional conditions, and will add these to the recommendation section of the Special Use. It is the position of USWNVG that the continued use of the site is contingent upon it meeting or exceeding the conditions placed on its use by the Special Use Permit. USWNVG will not post a 100,000 dollar surety bond to guarantee performance. Speaking on behalf of the parties involved, we appreciate your concerns and hope the above meets with your satisfaction. If you would like to talk with me before Monday, my home number is (206) 329-2456. I should be at the courthouse in Glenwood Springs around 10:00 AM. Sincerely, The Walter Group, Inc. David T. Rutter Senior Vice President HIRO TEIVA 23281 Telfair Laguna Niguel, CA 92677 November 3, 1993 Mr. David Michaelson Garfield County 109 8th Street Glenwood Springs, CO 81601 RE: Garfield County Commissioners Dear Mr. Michaelson: My wife and I are the owners of a 23 acre parcel which is a part of Senior Mesa. We have received a copy of the drawing of the cellular antenna and building from Lee Finnell last spring. We also looked at the site on our trip this summer. HT/dgk We have no objection to the content or site of the cellular project. Thank you for your time and attention to this matter. Very truly yours, o Teiva eather Adams Teiva