Loading...
HomeMy WebLinkAboutcoa.lu.sr.Smuggler Mine.A115-99RI 1 0 6,~~039\44 {Aot,AbAA \41 Smuggler Mine Telecom Facility 5 / C«Du J lj 3 f'b out/Sto m=11 ff- -1737074 -29 -007 .. N PARCEE ID: |2737-074-28002 DATE RCVD: |12/17/99 - # COPIESil CASE NO]Al 15-99R CASE NAME:~Smuggler Mine Telecom Facility PLNR:~ PROJ ADDR:ISmuggler Mine CASE TYP:~County Referral STEPS1 OWN/APP:]SBA Inc ADR12323 Delgany St. C/S/Z: ]Denver/CO/80216 PHN~ REP:J ADR:j C/S/Z: I PHN1 FEES DUE:~ FEES RCVD:~ STAT: ~--- REFERRALSj REFl BY] DUE: | MTG DATE REV BODY PH NOTICED , 1 L DATE OF FINAL ACTION:~ CITY COUNCIL: REMARKS 1 C o UA wl 4 W k 6 04--ix rvle d / 241//9 9 pz: BOA: CLOSED: 1~1*BY: 13, l 1 4 DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):~ ADMIN: , 3 2 (tute Jil .. MEMORANDUM TO: Gabe Preston, County Planner FROM: James Lindt, City Planning Technician 3-L THRU: Joyce Ohlson, Deputy Directorx jAO RE: Smuggler Telecommunications Facility DATE: December 21, 1999 The City Planning Staff reviewed the Smuggler Mine Telecommunications proposal and had the following concerns: 1. Staff believes that the telecommunication poles were entirely too large at 85 feet tall. 2. Staff does not think that the flags are appropriate in this particular setting. If the site plans are to scale the flags would be about 10 feet by 16 feet in size. 3. Staff is also concerned about the historical significance of the proposed property. The site is a historical property and staff believes that the construction of these telecommunication poles would take away from the aesthetics of the property. 4. The city planning staff strongly urges the county to ask for an alternative proposal which addresses the above concerns and recommends that this initial proposal be found unacceptable. Thank you for the opportunity to provide comment on this County application. 1 . . 1 USE BY SPECIAL REVIEW APPLICATION 1 1 FOR MULTI-USER TELECOMMUNICATIONS 1 FACILITY 1 for 1 SMUGGLER MINE A PARCEL OF LAND SITUATED IN THE El/2 1 OF SECTION 7 1 TOWNSHIP 10 SOUTH, RANGE 84 WEST, 1 PITKIN COUNTY 1 STATE OF COLORADO 1 1 APPLICANT: SBA, INC. 1 2323 Delgany Street Denver, CO 80216 1 September 21,1999 1 1 . 0 I TABLE OF CONTENTS 1. INTRODUCTION SECTION I 2. VICINITY MAPS SECTION 11 3. FACILITY DRAWINGS SECTION 111 4. PHOTOS SECTION IV 5. AUTHORIZATION, AGREEMENTS, AND LEASES SECTION V 6. CONSTRUCTION, OPERATING, AND ACCESS PLANS SECTION VI 7. SCENIC OVERLAY SECTION VII 8 GEOLOGIC HAZARD AREAS SECTION Vlll 9. WILDFIRE AREAS SECTION IX 10. WILDLIFE AREAS SECTION X 11. SBA, INC FINANCIAL AND EXPERIENCE SUMMARY SECTION XI APPENDIX A TITLE OPININION APPENDIX B FACILITY DESIGN APPENDIX C SURVEY 2 1 . 0 SECTION I INTRODUCTION SBA, Inc. submits this multi-user (co-locatable) telecommunication facility plan for Special Review by PRI<in County, Colorado. SBA, Inc. intends to construct and operate a telecommunications facility consisting of two antennas designed as 85' flagpoles and ground space adequate to occupy four (4) wideband service providers. The site selection of this proposed facility evaluated and took into strong consideration the impact to Pitkin County and the City of Aspen. Several mitigating measures have been implemented in this application. SBA, Inc. believes the use of flagpoles as stealth antennas along with the additional mitigating measures will not "Materially endanger the public health, safety, or welfare"; and will not "substantially injure the value of the adjoining or abutting property" This application and submittal has been prepared in accordance to the Pitkin County Pre-Application Conference Summary conducted between Pitkin County Planner, Tamara Pregl and SBA representative, Dirk A. Schwartz, This application includes and addresses the following Land Use Code Sections requested by Pitkin County, Colorado 3-60-040 (Scenic Overlay); 3-80-050 (Geologic Hazard Areas); 3-80-070 (Wildfire Areas); 3-80-080 (Wildlife Areas); 3-210 (Special Review). Proposed PCS/Cellular Facility: Smuggler Mine Parcel A parcel of land situated in the East half (1/2) Section 7, Tl OS, R84W Pitkin County, Colorado Lease area consists of a 25' x 50' area with the two (2) flagpole antennas. . The owner of the property on which the above-described Cellular/PCS facility is to be situated is as follows Wright and Preusch Mining, LTD, a Colorado Corporation 201 N. Mill Street, Suite 106 Aspen, CO 81611 (970) 925-5625 Pitkin County Zoning Classification AFR-10 Agricultural, Forestry, Residential "Approval of this use permitted by Special Review may create a vested property right pursuant to Article 68, Title 24 C.R.S." 3 ~ SECTION Il ~ TOPOGRAPHY MAP Scale: 1" = 2000' _i , -·2-«421 1©04 2:1 :«1,.dl -~-61 --ti~« ..>, ~#. .-. \ i -V .--92 v.\ pjil ~4924it~~tif. r »119< 94-23~~~~911 --- ~f k 3 -1<f ~4.·/p~,4~>»·«4-2'. ".* » -':. -7- - 03-1---"- -. -- .2 'te·r .ZILd-29-r: __ - \ 4 4- 144 Vt< (FoJ-Ker,#Cr/<16.3231 14't/.ST<--90~-- - - '1, N / . 0. .le 44£*Up- 53 3 10 - ·· me 1/-5 , / . 1 ~ - _4 Pki rgqtt; 1 IL ¥ Wa . 42 2--· W. - ---7----- 'ff ' f.r . , 5 61/ 1 1 91=2327 ...5 1, 4Hwe,ry. ~ r / -4 j AL ,,tj U'· il - ~\ -- r 7437 · 1 f......4\ 1,53 b' f j.'3 w (t' f 1 ~ 4 ~~' 02:n«. A .1., a/a' , 1 f .35.1 . -' 4 Al,-7 , 4 -t- t Shall · - 1 11 ~ 114-j 2,11llb#;~01 -1 1 :,4.=DIC /, ~c·~ [ 1.· 1 ·"' ' '//5 ~ Busli·,··'arker 7,· ·c..pm.**c-:In; 1, - ' '~*« 'fUM 7907) - 40„+j Z 4/ j.,..· ~604UCz. :Aspen \. r''- 47 I ifi[ 649~·E~ ·%«e 2-~ -6*>wen2v~4, ~,~~ frfil® ohAson 1, 0--L--1.\4/0 , -41 Tunnel Srri d~„d,p/,TE,67'Ai j , 7 3. 'i I. .„9 · - ~· *A--:%»*Ezzf '-~- . ' V C t '4~. - 0 1 -7..1 I -ALS) # :91&3121LUL ' 'stibm t\,4~ 1, C C 1 ...... . 11 ... C·-- 1'·t t )' 2*/.14,3 f~A' 1 ,·~'·9¥' 14*2>Tra\1.e~/~1146,9%1 0 11 J - .1. t. \ *- £ j . 2 .. '90,7..4 wtt~f-,-- ~ - -~4"-.i- ·y,3£5;~P n~~L ~. .. Z >. · r . r.. - -,31 fk. ic- .. fil,·U_ 1 1 't; 1 , . e u. . 6 i .· BM' 8025 r---*. 1 % 1 :... 4 2 1 1 1 €3* .1 1 , iw-5') .1 / / 3 0 4 C. O 2 2@75.-14:04 -- 1 11! j r \ 9- 1 ..15 ... 7* A...1 1 11 0' A\\th ff *1, ,)6' r.. \I_ -1 1- ,;.t~ / 1, L?k~(35avd' 91<- 377\~ h.- . 9.:231 2. -34/ r\1• 7.- /7 €14 (82 )93 < <r -4 - 1. cri.-A . .1 i-/-1/ .1 1 .- \ Q A- W ,/ \ + 9 . 9, 1 i~ 3-Zifil 0 21 >·- 742 1 0 /3 1 4 't'w * 1 ,.1 14 :101 , 1 \'• 21·1''I' I ~r'. 1 0 1-u/ !2994 1 1 1 . ' . 1 1 3\ \ North 1 . ; d IAN,%.49 'AR , - -- -4' ~ 3 W: x.a ..h ·L 1 , , 1 , f ; i -1 A . 4 .A A . .- 00 - t , 7 9 ../ - -: · 6:. f . 94.- I 08 4-al.- Aft*'~- · 4 D:;Pe,004.-* . 1 ' I '015 ....10/Jig'Wwakpl'~1/1,9%1*3)4-/imil& ~'I~~~*41.:CE , .~*+U'.'44,"«r 39 A 7 . "44~~ - 1 I . . , 2403-23*9*~_ FJ *424!6·,; k,Amillill:Balle;2*Imp~'- 1 , 1 11. Iligm-- 4~2< 41~ def€'*4. - P ... 1, 474- • :C - ,11 &2 1 8 ¥1~~4 . - 41//0/inl"1101111 11;1. .1 V .di/glw ..4~1 '12~EmUMM,ga . ~1.11 ,/ pt. I 3 / 0 1 . 0 ASPEN VICINITY MAP Scale: 1" = 425' 2 .---*- \/ C L- 4- 1 1 1 16-1 1.. e< -22===i: /1, /i D. 4 - -7 i 1 J le=442301(,1 2 /1 \4 0 1%8. \(91, 1 -21 / %\ ..: T 1 1 1 + 7*/3~\ 9. ,~ Ip 10 4 /50 // U li' , i , 1 1, % ./ 1 , / 0 -7* Jt\ 1 °0 -·. j :, <r:\ l. I i bul-2 " i 4 7 ,¢2•¥6 _. I ~v-4 V // 0 '/ < j f 2,1 0, 0.4 0 ... It' \\ 7 - 1 L/,« 4% 1\ 9% D b 1 1/ \ I\ « 4,47,9 / \ 4 1 /Cy' /1 0 1 .4 U d ~ ; 0 r VgA ~ ¢'' \\ /119/3 /1 1, 1/ I 1! 3. I / 45,>t- « ' 1 l\ (1 9- 44\\4420 \ r1't :423»-- /* 01421 tritif.&52;Tifiell:3~33 f A 4. ~0' V -1 1 91% 6. 28-/Ar.,95 1 14\ y.36 ~ 6749-=f~Best R~~ 7:3(8 6 229~,rL,)415]/ L.- 4-M&3-06f69&4;·f 6u t 6' 4*ZEP f 24 2 1 .~6 .my; C O 7/- 4 -4%%County ly 0, nspen 1 Ari dit_j P 0 --7 0 --7 - Ll- I . := 413 . ..k / F .Mt.1 ..1/ t y ' 0?1 J :2*-cy/ t,6 6 °441&-9 071 7,=+J , n w ~, t:r.1 l€gzb 4 hilit tfdo.,4. North T 0 h, 1:"C W- -/AO-1 -,4 4/0-J . 6 1 . 0 SECTION 111 1 SITE MAP - MAP VIEW \ 1\ \\ 1 \ F ...94 /./ a / 1. 0.. . 4\ d I . \\ 4% 4 I I , 6 . ... 94 EXISTINS *. ' RIGHT-OF-WA 0 2 W. 0 1 hEW ' HIGH \ LE ' \ i: \ \ *b- epaE OF 8 \ 4 XY~ISTIN& 80,60 i . :4,5.Pe 3 \ < j \ - '=-bC LE-rE P ~ ~ \1 \ \ 1 \ a ·· \ \ NEWB \ \ 6, \~- CABINET- t" \ \ 1.. I b. NEW 6' HleM · / < .If . \ CEDAR FENCE 1 :5,4 I l294 I i MEW RETAININS WALL · 1 ... \ \ \ \ NEW LEASE LINEE -~~'•,~ Q .« 2454 ~Q ,% ~b, a' ~ - TEELE.0 K ~ b. '94 · ' 4' WIDE (2 1 H -6ATE -7 /\. ELEVATION \ i .'. 'I , . / 2 \. 6. I / · 1 \ 41 \ /0 \ P Z=E,glgk NORTH \ Y EASEMENT 4 \ 1, \ SHEET 1 OF 2 \ \ \ SCALE· 3/32'- 1'-0' 1 \ 7 1 . 0 SITE MAP - PROFILE VIEW 1 2 2 1 . . -NEW VNITED STATES FLAS' NEW FLASPOLE (2 OF 2) NEW FASPOLE (1 OF= 2) 9 0 1 NEW T HIGH CEDAR FENCE --£ - -:, - \~i lili! lillil[-- - ., ' F / 1! 1- I. '~14%__E@134%*%*E{*4%44%*%41#99Ift{ fFQ*%11-- /2/.2 .x .' SHEET 2 OF 2 (~) SOUTHWEST ELEVATION SCALE· 1/16'- 1'-0' 8 2:ELL1430 Ov~ H.1913H 310d 1 1 . 0 1 SECTION IV PHOTOS 2.93€144* .~ 2€-W p - 4 k <-1 -- . 94- - 1 1 ' rjjr. 7*5+4 1 dE,ge; a:39- -.eof .:.41 -stiVA- ·1%.. 4,164 9~0%1%7 - - 00*--0 0-g ; f 37&2-3- - .~-=f'r - - F,ric . - *p.; 2.,4,1 i . ad'.4 - .- ./ . *,9 1 :£/ , ZEE~ - ' 12 '' 7 €40*~~_ r- t-. - 2.--r. 1 - Figure 1. View to the Southeast from Molly Gibson park located below Smuggler Mine. Except for the flagpoles, the 25' x 50' telecom facility will be within a cedar fence and hidden from view. 9 1 . 0 Photo #2 1 1 i + 1 ; . .vBI /#r 11 - - .../ re.2 - -* r 1.m/. -U -* 7~7 9. -mt -% - A.4 Di/£ t ./ M . 'Pait -, j # =4 a ..j L a== t- 49, . -1-'43, ..2/ 1% 2 - 1% $ , ~3'106-i- _ - - 1.1 - -1-- '1 -+14 - 9 - -4.Z I - - e 1 €2» . 6 m .% . 44 , - £*r t* _a,z ...·- . ./ - .P r,- -,2 .- -4.1 - I „r' I = Figure 2. Smuggler Mine and tailings piles. Flagpole in the background will be removed and replaced by the flagpole antennas as shown in Figure 1. 10 -·r 1 . 0 Photo #3 1 &:#: =M &--- =.5-1 2 -==u- -I . . -I-/ . 1 -7,&-2 . 3 - 1 .*'4~ i ... 2-_ 1 11~~' - -472,,w,:'~ ~~ ~v~ _ - -' _ ft·...4 2=='-4.1~- -,5 K= , , '1 r ·I i. r - , .~NGA- i · -·1".~'r 34• . 1 · v : - ; '11" 1. 74'- .- - 2-,11.-7. · 1, thi ..r. =- -4..#¥6 ... r --1,- - 9.-- Figure 3. View to the Southwest and residence that overlooks Smuggler Mine. Residence also has a flagpole with an American Flag. 1 4 11 ~' 5,/6 '1~~ ]401'+ ""M,?11'lip, 1 . 0 Photo #4 1 1 i p i - . 1 d *3 - ... V -47 €k,eg-€ .-- . 1 r 1- 1%21 - - · . - Am-141 £ I-- . ./://'.-....I =7 . ' - -22-r I-. 4- 1 1- *2... 14222 .* 49 --1- -- 91::791 1 £ ..__ - 1. J'=-p€~*2~- . - 3 1 31. 1 s -1.,1 - -- <I· -9 i *1-- A = L.-- 1.- P-*:,i -05*1'.-4= = -4 MUC 9 ©*f- I I. . i -L 0 " .AX=j'Apirtilt i E- - 31 Figure 4. View to the South from current access road that leads to mine office and shafts. Arrow depicts where the telecom facility is proposed. 1? 0 0 Photo#5 g:=77 1 4 +0 4 - -. - -4$ -»A - 4-, J # £ e 11 6 - ' - 1., 3. . 91 - .1-7.- -- 1 /9.: - r# -de =~ L. 1*- 4 - 1- . 46-1 -2.£ 1 2-:..1 2 - - 1 - -- -r r ..L/e L. A 2-2- 6 4 - _tA - -- .. 9 475 4. I . =r 6 31 ,=*r . 1 - j •Mt-/ip/-7 a. I - + I -~·k· N t€:,r. .2 4. · - t =;12 4 £.- ¥=. I- .h t -A . - .-1.6 · 3 1 ~.4*62:74*Zy ·47-"b'E~ ,- 64"~~ 2%2 1 '91- I ..7 -b 4 - - / -4 (,TL--44 125&/ ---6-·L -75*~It".V -b *YAC ·· 8-- P- i J I . . - .1-, J t - -«%4 :2 -* e F.,~51.]~t- - I Figure 5. Photo #4 with telecom over with schematic design of cedar fence around facility and antenna flagpoles. Compound and flagpoles are not to scale. 13 , 911@lilli .1 ]114 111" 1 . 0 Photo#6 1 11- m i *i/9/ 6.314".1 4% 9€=te i 1-4* _ .. z _. 1 - 2-= L -LF . 2 -,1 1 1 - I 1 11 --- 1-' r. Figure 6. View to the Northwest of Aspen from the proposed base of the flagpole antennas. Red Butte is 1 visible in the background. 14 1 . 0 Photo #7 l E 1 =2 i W 1 i/ -,19 --- .54 .r.- .548 42; 1 /1 =· i Figure 7. View to the northwest and Downtown Aspen, Colorado from the base of the proposed flagpole antennas. li . 71 SECTION V MEMORANDOM OF LAND LEASE Recording requested by and when recorded return to: Tressa Sutton, BTS Leasing Department SBA Towers, Inc. One Town Center Road, 3'd Fl, Boca Raton, Florida 33486 (800) 487-7483 MEMORANDUM OF LAND LEASE rl lk, THIS MEMORANDUM OF LAND LEASE (herein "Memorandum") is made this ~,~ day of Ll , 1999, by and between Wright & Preusch Mining, LTD, a Colorado corporation having a principal Dffice located at 201 N. Mill Street, Suite 106, Aspen, Colorado 81611 (herein "Lessor") and SBA TOWER< INC., a Florida corporation, having a principal office located at One Town Center Road, 3rd Floor, Boca Raton, Florida 33486 (herein "Lessee"). WHEREAS, Lessor and Lessee entered into that certain Land Lease dated 23 0.1 3 0- whereby, Lessor leased to Lessee the land described in Exhibit "A" attached hereto and made a part (9:i hereof. All terms used but not defined herein shall have the meaning ascribed to them In the Land Lease. WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice of said Land Lease and all of its terms, covenants and conditions to the same extent as if the same were fully set forth herein. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration Including the rents reserved and the covenants and conditions more particularly set forth in the Land Lease, Lessor and Lessee do hereby covenant, promise and agree as follows: 1. The Land Lease provides in part that Lessor leases to Lessee a certain site C'Site") located at Smuggler Mine, County of Pitkin, State of Colorado, within the property of or under the control of Lessor which is legally described in Exhibit "A" attached hereto and made a part hereof. 2. Lessee shall lease the Site from Lessor, together with all easements for ingress, egress and utilities as more particularly described in the Land Lease, all upon the terms and conditions more particularly set forth in the Land Lease for a term of five (5) years, which term is subject to five (5) additional five (5) year extension periods. 3. The sole purpose of this instrument is to give notice of said Land Lease and all its terms, covenants and conditions to the same extent as if the same were fully set fort:h herein. The Land Lease contains certain other rights and obligations in favor of Lessor and Lessee which are more fully set forth therein. 4. The conditions, covenants and agreements contained in this instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns for the term of the Land Lease and any extensions thereof. All covenants and agreements of this Land Lease shall run with the land described in Exhibit "A". 16 1 . 0 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. WITNESSES LESSOR: Wright & Preusch Mining, LTD 1 920 9, C« a Colorado corporation D:RK A . SC.ku>An:Tz. 3,~3 1 fc«»-6910(4~ By: vv KAT#1© 96 -T - Ou. iLl (»1 Print: 6&<UY A ,»1(6 4 Its: A-=*-1-, - 7,·«swer Date:- 2.11 4 117 (CORPORAT< SEAL) WITNESSES: LESSEE: SBA TOWERS, INC., a Florida corporation By: Print: Lawrence M. Weisberg Its: Dir. of Site Admin./Corp. Counsel Date: (CORPORATE SEAL) 1 1 1 1 17 1 . 0 Wright & Preusch Mining, LTD STATE OF Go.4 } } .SS: COUNTY OF 24'tCA} I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afopaid, to take acknowledgments , PT-sAnally pp*ared • Enth A Lk' r.3 1~ A , as W)#47- ( re.4.1 ~v<rof (/41 , L.1( 4 A¥,4/1 # -4, 8-1 corporation, to me knoWn to be the person desdrlbed irt and who executed the foregoing instrument and who acknowledged before me that he executed the same in the capacity aforestated. i irc/ WITNESS my hand and official seal in the County and State last aforesaid the 667 day of C i/; 1999. U I t: /2 - 44 i ¢ridERL@li~ RHA-79 4-7 . /~faa C- cf c Notary Public z . -0 My G~mmiss!00-9¢05¢s:on: SBA Towers, Inc. STATE OF FLORIDA } .SS: ~ COUNTY OF PALM BEACH } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ~ aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Lawrence M. Weisberg, as Director of Site Administration/Corporate Counsel of SBA Towers, Inc., a Florida corporation, to me known to be the person described in and who executed the foregoing Instrument and who ~ acknowledged before me that he executed the same in the capacity aforestated. WITNESS my hand and official seal in the County and State last aforesaid the day of , 1999. Sign Name: Print Name: Notary Public My Commission Expires: 18 1 . 0 EXHIBIT "A" Legal Description See Survey Appendix "C" I 19 1 . 0 SECTION VI CONSTRUCTION PLAN Prior to construction, all necessary permits will have been acquired. In addition, the surface owner(s) will have reviewed and acknowledged construction plans. The site will be surveyed and engineered as a 25' x 50' pad/compound area consisting of 2 - (75' - 85') flagpole designed telecommunication towers. The facility will be engineered (Appendix B) and graded to provide adequate drainage throughout the year. Caissons for the two towers will then be drilled and cemented and allowed to cure for *72 hours. Following the adequate curing of the caissons, they will be backfilled and the two flagpoles will then be stacked. Four (4) 10' x 15' slab-on-grade concrete pads will be poured and allowed to cure. Thence, power (110V & 220V) and Telco (Tl) Rack will be installed. The electrical setup will include a meter base for each Cellular/PCS provider and the lines will be installed in conduit from the transformer in accordance to County, State, and National Code. Final grading/leveling of the site, if necessary, will be conducted prior to installing weed block and the washed crushed rock. Finally, a cedar fence (25' x 50') will be installed to provide security to the facility's compound, reduce encroachment of snow and dust, and I provide visual mitigation. OPERATING PLAN The unmanned facility will be operational 24 hours/7days a week. Each PCS and/or Cellular provider (4 maximum) will routinely visit the facility monthly. The equipment may be upgraded as cellular technology advances. Furthermore, each provider continuously monitors its equipment at a central location for functionality and each provider equips their radio boxes with alarms for excessive parameter variances and unauthorized entry. The respective provider's technician will follow up an alarm. ACCESS PLAN 1 Access to the telecommunications facility will be from Smuggler road, a public right of way. Thence, upon entry through the locked gate onto the property of Wright and Preusch, access will be north and east on the established, road base improved road approximately 0.25 miles to the facility situated between the Smuggler Mine's Tour road and Watchman's road. Access will be required on an as needed basis (24/7); however, routinely the facility will be visited on a monthly basis by the respective provider technicians. 2() 1 . . SECTION VII Scenic Overlay (Pitkin County Land Use Code Section 3-60-040) SBA, Inc. believes the proposed location of its telecommunications facility will not be visible from Highway 82 outside the city limits of Aspen. Within Aspen's city limit's, visibility of the mine is shielded by buildings and overgrowth (trees) along the northern portion of Highway 82 and shielded by Smuggler Mountain along the southern portion of Highway 82. However, in accordance to the pre-application requirements, SBA, Inc. has addressed the criteria for the Directors approval of the facility. Review criteria addressed for development within the Scenic Overlay and Ridgeline: 1. If the proposed has utilized existing topography and natural vegetation. such as ridges and hills to screen buildings to the maximum extent possible. The placement of the telecommunications compound will be situated in a manner so that the large cottonwood trees that exist slightly down slope will visually screen proposed cedar-fenced compound. Furthermore, the compound has been strategically placed in a topographic low, which will significantly mitigate its visibility from the nearby residence(s). 2. Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the utilization of innovative architectural techniques such as earth sheltered design, natural materials and coloring, non-reflectability and clustering of structures on the least visible portions of the facility. The flagpole antennas will be painted white in order to provide the same appearance of existing existing flagpoles on Smuggler Mountain. The color of the flagpoles can be changed with a RF friendly paint to provide a blending effect during the summer months. The flagpole that is currently at the Mine is planned to be removed. 1 3. Whether the proposed development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and view planes. Each flagpole has been designed and engineered to a height of 90 feet which is the minimum that will be able to support the installation of three carriers and service the targeted coverage area. 4. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot. The proposed facility would be situated near the base of Smuggler Mountain, thus, the breaking of a ridgeline will not occur. 21 1 . 0 5. Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights-of-way, as identified in Section (B)(1) Although other sites were considered, such as the existing telecom facilty situated near the midway point on Smuggler Mountain and operated by KJAX. SBA, Inc. has elected to apply a stealth application that provides the most visual compatibility with the surrounding area. 6. Whether the proposed development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines. The facility may be visible from downtown Aspen and a portion of Highway 82 that passes through Aspen. However, the proposed location would be the least visible than other potential locations on Smuggler Mountain. 7. Whether the proposed development has been landscaped in accordance with the adopted State Highway 82 corridor landscape guidelines and has preserved natural vegetation, to the maximum extent possible, while using existing vegetation to screen development. A landscaping plan shall be submitted by the applicant and approved by the Hearing Officer (ordinance No. 98.53) It is SBA, Inc.'s intent to preserve and re-vegetate as much of the natural vegetation as possible outside the cedar-fenced area. 8. Whether the proposed developments exterior lighting has been designed in such a manner that light sources, such as fagade and landscape lighting, will not be seen from public rights-of-way as identified in Section (B)(1). In addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code. Exterior lighting for the facility is not necessary, thus, lighting issues are not applicable. 9. Landforms and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized in conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. The use of existing landforms and vegetation, combined with minor amounts of earth moving and landscaping (cedar, green, or earth tone fence and re- vegetation) should screen the base of the facility during the spring, summer, and fall months. During the winter, the proposed white flag poles should blend in with the snow covered background of Smuggler Mountain. 22 i. 0 10. Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan. Several mitigating measures have been implemented to avoid the Scenic Viewplane of Highway 82 and the Viewplane of Aspen. a. Moving down from the KAJX telecom facility, compromising RF quality. b. Facility to be located in a low lying area, shielded by topography, trees and vegetation, sacrificing RF quality for aesthetic benefits. c. Use of stealth (flagpole) antennas. d. Cedar fencing to screen facility. Re-vegetation of native bushes and grasses to aid in screening the e. cedar fence. 11. In the case where 1041 hazard areas may be in conflict with preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns. These issues shall be reviewed on a case-by-case basis. A 1041 hazard study has been completed and submitted. The independent study indicates that there should not be any hazard issues to address. 23 SECTION \mi ~~ Geologic Hazard (Pitkin County Land Use Code Section 3-80-050) ~~\ CHURCH & Associates, Inc. I-\46 ENGINEERS & GEOLOGISTS August 19,1999 SBA, Inc. ATTN: Dirk Schwartz 2323 Delgany Street Denver, CO 80216 Subject: Geologic Hazards Evaluation, Proposed Cellular Tower Sniuggler Mine Aspen, Colorado Job No. 11482 Dear Mr. Schwartz, As requested, we have performed a geologic hazards evaluation of the subject site and prepared a report to comply with Pitkin County Land Use Regulation Section 3-80-050, Our report is based on published geological information, data developed during the site visit, and conversations with Dirk Schwartz. Dirk Schwartz accompanied us at the site visit. SITE CONDITIONS Smuggler mine is located approximately one-mile northeast of the town of Aspen, on the southwest facing slopes of Smuggler Mountain. The mine has been inactive for many years and only mine tailings and old equipment remains. The proposed tower site is north of the Smuggler Mine Shaft and is not within the tailing piles. There is a slope of 10-15% to the southwest. There is a good cover of grasses and scrub oak on the site. PROPOSED CONSTRUCTION A cellular plione tower and equipment building are proposed approximately ]20 feet north of Smuggler Mine Shaft along Watchman Road. We understand the cellular phone tower will be approximately 100 feet in height. We anticipate block or mat foundation construction for the tower The equipment building is proposed as a modular building with light loads GEOLOGICSETTING The reference geologic map for the area is the 1971 Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado; U.S. Geological Survey, Ouad Map GO-933. The proposed tower site is underlain by a layer of sand and silt containing cobbles and boulders; underlain by sandstone, dolomite, and shale bedrock. The bedrock is part of the Peerless Formation and parting member of the Chaffee Formation We estimate soil depth at the tower site at 2 to 3 feet. DENVER 4501 Wadiworth Boulevard Wheat Ridge, CO 80033 CASTLE ROCK 303.660.4358 303.463.9317 Fax: 303.463.9321 EVERGREEN 303.816.1455 24 P· <·X • 4~'.91'~ ... i ;.4.·«4·a .. Geologic Ilaards Evaluation Job No 11482 Page 2 GEOLOGICAL HAZARDS There has been geological hazards of the Aspen Quadrangle in The Map Showing Areas of Selected Potential Geological Hazards in the Aspen Ouadranizle, Pitkin CountY, Colorado, BY Bruce Bryant, 1972. The mapping indicates to geologic hazards at the proposed tower site, There are alluvial fan deposits located north o f the proposed tower site, which should not present a hazard prior to, during, or after construction. No evidence of changes to the site were evident from a geologic point-of-view from the 1972 mapping. No problems associated with avalanches, landslides, slope creep, or rockfall hazards are foreseen at the site. CONCLUSIONS There is no evidence of geologic hazards at the site, which would prevent development of the site for the tower and appurtenant facilities. The proposed site is suitable for construction of the proposed tower, The foundation of the tower should designed based on a site specific geotechnical investigation. LIMITATIONS This investigation was based on referenced maps and a site visit. Variations in surface and subsurface conditions are always possible. We recommend contacting our office if conditions different than described in this letter are encountered. Ifwe can be of further service in discussing the contents of this report, please call The engineering geologist for this project is Tim Petz. CHURCH & Associati *. A 2 0 li#3 b:.01 M <0 13172 g ~ Edward O. Churc93· g- (9- imM Geological Engineewo>:·.. ..>y/1 EOC/trp 3 copies sent 25 1 . 0 SECTION IX WILDFIRE (Pitkin County Land Use Code Section 3-80-070) The location of the telecommunications facility proposed by SBA, Inc. is mapped by the Colorado State Forest Service as 'Low Hazard". The facility will be constructed on a level-graded surface with a five-foot (5') set back of washed/crushed rock provided between the radio box pads and the cedar-fenced compound. The antennas will be adequately grounded to minimize the potential of a wildfire from a lightning strike. The re-vegetation around the facility will also be placed and maintained in such a manner to minimize the spread of a wildfire to and from the compound. The area within the compound will be maintained in order to prevent the growth of vegetation. 1 1 . . SECTION X WILDLIFE 3-80.80 The location of the proposed telecommunications facility by SBA, Inc. is situated adjacent to an area on Smuggler Mountain that is mapped as critical elk habitat, elk winter and severe winter range. However, the facility's proposed cedar fencing should prevent intrusion of wildlife into the compound. Furthermore, the small size of the facility 25' x 50' should have a minimal effect on wildlife. The location of the proposed facility was discussed with Jonathan Lowsky, Pitkin County Wildlife Biologist/Specialist. He stated that due to the close proximity to the city of Aspen, the in place fencing, and the proposed fencing of the compound, wildlife issues would not be a concern to the County. 27 1 . . SECTION XI FINANCIAL SUMMARY S BA ))))) Financial Summary (millions) $ 70 1 I Revenues 1 60 -/ 50 -I 1 - 40 7 1 - 10 -// 0- 1994 1995 1996 1997 1998 Ranked #100 Ranked #38 on Ranked #52 Ranked on the Inc. #165 onthe on the Inc. 500/ the Inc. 500 500 Inc. 500 S. Bernstein named 1996 PCIA Enterpreneur of the Year. • June 1999 $90 million IPO (symbol SBAC Nasdaq). • February 1999 $175 million senior secured credit facility from Lehman Commercial Paper, Inc. • March 1998 issuance of a $269 million of high yield notes • March 1997 private placement of $30 million • Syndicated credit facility of $55 million • Dunn & Bradstreet #60-630-5316 28 wuu··hottowers.com...go there.l SBA U~J Site Development Experience Site Development Services include: site acquisition, zoning, and construction management. 2,000+1 19$9% 19%* i 1,800--* ./3 €9 1,600-I 1,400-1- 1,200-~~ 1,000-1 - ,"- 800 -** 600 -flll - - 400 1 I - 200 -- ~ - PacBeIVSB C AWS. BellSouth Nextel SprintPCS/ SprintCom PageNet& SprintCom Conxus www.horton,ers.com...go there! Approx. Number of Completed Sites k 1,200 ~ 75~ .SL SBA ~)~ Tower Ownership [I] Build-to-Suit 140 j CJ Acquisitions A 3 05 7/1 /99 1 120 j 126 117 100-1 991 80-1 t:.=== 7.,6:E· .. - -ea. .t<a--5 -7*1 60--- 2-LE.:+ =.212 3.92 53 58 Al 40 -1 38 32 28 - - 29 20 --- 23 ~ - Ql '98 Q2 '98 03 '98 04 '98 Ql '99 02 '99 innv.horzo.'ers.com...go (liere! 1 . . 1 1 SBA »») 1 Client List for SBA and Its Subsidiaries 1 01 A+ Network o Media One 0 Aerial Communications Corp. o Mobile Comm 1 O Alltel (formerly 364 Communications) o Nextel Communications 1 o Ameritech o Nortel o AT&T Wireless Services o Pacific Bell Mobile Services 1 o Bell Atlantic Nynex Mobile Systems 3 PageNet 3 BellSouth International U Powertel 1 3 BellSouth Mobility 3 PrimeCo PCS I u BellSouth Mobility DCS o Pronet u BellSouth Mobility PCS o RAM Mobile 1 o Bosch Telecom o Southwestern Bell 3 City of Lansing, MI 21 Sprint 1 o City of Ocala, FL o State of Florida I 0 Contel Cellular (GTE Mobilnet) o Teligent o Geotek 3 TriTel Communications 1 o GTE Worldwide Telecommunications 0 US Cellular o Heartland Wireless o US West New Vector Group 1 o Lake/Sumter Community College o Voicestream o Leap Wireless, Inc. o Western Wireless U Lucent Technologies o Williams Telecom 1 1 11 ~ APPENDIX A ~ 1 1 1 1 1 1 1 1 1 l 1 1 SEP 09 '99 01:30PM ~ TITLE ASPEN < P. 1 Land Title Guarantee Company CUSTOMER DISTRIBUTION ~ Date: 09-09-1999 Our Order Number: Q380621 Property Address: ASPEN, CO 81611 ~ SBA, INC SBATOWERS, INC, 2801 YOUNGFIELD STREET #128 ONE TOWN CENTER RD. 3RD FLOOR GOLDEN, CO 80401 BOCA RATON, FL 33486 Attn: CAROLB ARNOLD Attn: CAREN LESSER ~ Phone: 303-445-8838 Copies: 1 Pan 303-445-8790 Sent Via US Postal Service Copies: 1 ~ Sent Via US Postal Service 1 1 SEP 09 '99 01:31PM I~ TITLE ASPEN P.2 Land Title Guarantee Company YOUR CONTACTS Date: 0949-1999 Our Order Number: Q380621 Property Address: ASPEN, CO 81611 Buyer/Borrower: WRIGHT & PREUSCH MINING; LTD., A COLORADO CORPORATION Seller/Owner: If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Aspen Title Dept. Kathie English 533 E. HOPKINS #102 ASPEN, CO 81611 Phone; 970-925-1678 Fax: 970-925-6243 ESTIMATE OF TITLE FEES TBD Commitment $189.00 Search Misc. $200.00 TOTAL $389.00 I , THANK YOU FOR YOUR ORDERI SEP 09 '99 01:31PM ~ TITLE ASPEN p.3 I- . Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q380621 Schedule A Cust. Ref.: Property Address: ASPEN, CO 81611 1. Effective Date: September 02,1999 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TED' Commitment Proposed Insured: WRIGHT & PREUSCH MINING, LTD ., A COLORADO CORPORATION l l 3. The estate or interest in the'land described or referred to in thts Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: S. The landreferred to in this Commitment is described as follows: SEE ATTACHED PAGE<S) FOR LEGAL DESCRIPTION SEP 09 '99 01:31PM ~ TITLE ASPEN p.4 L Our Order No. Q380621 LEGAL DESCRIPTION PARCEL 1: A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SDGH PRINCIPAL MERIDIAN, PITKIN COUNTY, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTHEASPERLY CORNER OF SAD PARCEL, A 5/8 INCH DIAMETER REBAR WITH AN ALUMINUM CAP 1 1/2 INCHES IN DIAMETER MOUNTED THEREON AND MARKED BANNER INC 20632. THE LINE BETWEEN THE CENTER 1/4 OF SAID SECTION 7 AND CENTER-EAST 1/16 OF SAID SECTION 7 IS ASSUMED TO HAVE A BEARING OF S 88 DEGREES 53'34" E AND IS THE BASIS OF BEARINGS FOR THIS DESCRIPTION AND PLAT. WHENCE THE CENTER 1/4 CORNER OF SAID SEGION 7 BEARS N 89 DEGREES 13'31"W, 2076,76 FEET; 1. THENCE S 34 DEGREES 16'31" E, 999,70 FEET AS MEASURED ALONG THE DELLA S.-SMU*}LER COMPROMISE LINE TO AN ORIGINAL MARKED STONE FOUND IN PLACE, AN ANGLE POINT ON THE DELLA S.-SMUGGLER COMPROMISE LINE; 2. THENCE S 56 DEGREES 36'26" W, 1447,96 FEET AS MEASURED ALONG THE SOUTHERLY SIDE LINE OF EMUGGLER, MS 1656 TO A 5/8 INCH DIAMETER REBAR FOUND IN PLACE WITH A 1 1/4 INCH DIAMETTER YELLOW PLASTIC CAP MOUNTED THEREON AND MARKED TRI-CO, LS 9184, SAID CORNER IS CORNER NUAQER 2 OF SAID SMUGGLER AND IS LOCATED N 34 DEGREES 13'56" W, 10.00 FEET FROM AN ORIGINAL MARKED STONE FOUND IN PLACE FOR CORNER NUMBER 1 OF MOLLIE GIBSON, MS 4281 AM; 3. THENCEN 34 DEGREES 13'57" W, 640,02 FEET AS MEASURED ALONG THE DELLA S. COMPROMISE LINE; 4. THENCEN 55 DEGREES 14'43" E, 241.60 FEET AS MEASURED ALONG THE DIVIDING LINE BETWEEN THE TWO PARCELS TO AN ANGLE POINT; 5. THENCE N 00 DEGREES 00'56" E, 259.42 FEET AS MEASURED ALONG THE WESTERN BOUNDARY OF THE PRIDE OF ASPEN, MS 7883 AM WHICH WAS EXTENDED SOUTHERLY TO THE SOUTHWESTERLY CORNER OF SAID PRIDE OF ASPEN, A BUREAU OF LAND MANAGEMENT BRASS CAP MONUMENT, SAID CORNER BEING LOCATED ON THE NORTHERLY SIDE OF TRUEWORTHY, MS 3740 AM AND ALSO N 76 DEGREES 30'15" B, 22.97 FEET FROM THE NORTHWESTERLY CORNER OF TRUEWORTHY, MS 3740 AM WHICH IS AN ORIGINAL MARKED STONE; 6. THENCE N 76 DEGREES 30'51" E, 166,58 FEET AS MEASURED ALONG THE NORTHERLY SIDE LINE OF TRUEWORTHY, MS 3740 AM, SAID POINT BEING N 76 DEGREES 30'51" E, 22.97 FEET FROM AN ORIGINAL MARKED STONE, TO A POINT OF INTERSECTION OF THE NORTHERLY SIDE LINE OF SAID TRUEWORTHY WITH THE SOUTHWESTERLY END LINE OF GLENDALE, MS 6859 WHICH IS S 76 DEGREES 30'51" E, 19.70 FEET FROM THE SOUTHEASTERLY CORNER OF THE PRIDE OF ASPEN, MS 7883 AM, AN ORIGINAL MARKED STONE FOUND IN PI-ACE; 7. THENCE N 33 DEGREES 50'52" W, 72.49 FEET AS MEASURED ALONG THE SOUTHWESTERLY END LINE OF SAID GLENDALE TO THE NORTHWBSTERLY CORNER OF SAID GLENDALE, SAID CORNER, AN ORIGINAL MARKED STONE, FOUND IN PLACE, BEING LOCATED ON THE L SEP 09 '99 01:32PM ~ TITLE ASPEN P.5 Our Order No. Q380621 LEGAL DESCRIPTION SOUTHERLY SIDE LINE OF GENERAL JACKSON, MS 3941; 8. THENCE S 56 DEGREES 19'40" W, 19.00 FEET AS MEASURED ALONG THE SOUTHERLY SIDE LINE OF SAID GENERAL JACKSON TO THE SOUTHWESTERLY CORNER OF SAID GENERAL JACKSON FROM THIS POINT A MARKED STONE WAS FOUND IN 1988 DISTURBED FROM ITS ORIGINAL POSITION AND LYING ON ITS SIDE; THIS SAME STONE WAS FOUND RESET AT THE DI5fURBED LOCATION DURING THIS SURVEY IN 1994. BECAUSE THE STONE WAS KNOWN TO BE DISTURBED, IT WAS REJECTED FOR USE IN THIS SURVEY. 9. THENCE N 32 DEGREES 32'35" W, 107.32 FEEP AS MEASURED ALONG THE SOUTHWESTERLY END LINE OF SAD GENERAL JACKSON TO AN ANGLE POINT IN THE DELLA S.-SMUGGLER COMPROMISE LINE, SAID POINT BEING LOCATED ON THE SOUTHWESTERLY END LINE OF SAID GENERAL JACKSON; 10. THENCE N 55 DEOREES 42'45" E, 919,05 FEET AS MEASURED ALONG THE DELLA S.-SMUGGLER COMPROMISE LINE THROUGH THE INTERIOR OF SAID GENERAL JACKSON TO THE NORTHEASTERLY ANGLE POINT IN THE DELLA S.-SMUGGLER COMPROMISE LINE TO THE POINT OP BEGDINING. COUNTY OF PITKIN STATE OF COLORADO PARCEL 2 A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, 5I'ATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTHWESTERLY CORNER OF SAID PARCEL, A 5/8 INCH DIAMENER REBAR WITH AN ALUMINUM CAP 1 1/2 INCHES IN DIAMETER MOUNTED THEREON AND MARKED BANNER INC 20632. THE LINE BETWEEN THI CENTER 1/4 OF SAID SECTION 7 AND CENTER-EAST 1/16 OF SAID SECTION 7 IS ASSUMED TO HAVE A BEARING OF S 88 DEGREES 53'34" BAND IS THE BASIS OF BEARINGS FOR THIS DESCRIPTION AND PLAT, WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 7 BEARS N 88 DEGREES 53'34" W, 311.35 MISTI L.THENCE S 88 DEGREES 53'34" E, 658.51 FEET AS MEASURED ALONG THE EAST-WEST 1/4 LINE TO A POINT OF INTERSECTION WITH THE DELLA S.-SMUGGLER COMPROMISE LINE (NO MONUMENT FOUND IN PLACE HERE); 2. THE>ICE S 34 DEGREES 46'27" E, 439.96 FEET AS MEASURED ALONG THE DELLA S.-SMUGGLER COMPROMISE LINE IDENTICAL WITH THE WESTERLY BOUNDARY OF PARCEL E TO THE NORTHWESTEUY CORNER OF GENERAL JACKSON, MS 3941, A BUREAU OF LAND MANAGEMENT MONUMENT; 3. THENCE S 32 DEGREES 32'35" E, 102.19 FEEr AS MEASURED ALONG THE DELLA S. - SMUGGLER COMPROMISE LINE IDENTICAL WITH THE SOUTHWESTERLY END UNE OF GENERAL JACISON, MS 3941' TO A POINT OF INTERSECTION WITH THE WESTERLY SIDE LINE OF THE PRIDE OF ASPEN, MS 7883; ~ SEP 09 '99 01:32PM ~ TITLE ASPEN p. 6 Our Order No. Q380621 LEGAL DESCRIPTION 4. THE*m S 00 DEGREES 00'56" W, 254.21 FEET AS MEASURED ALONG THE WESTERLY SIDE UNE 00 THB PRIDE OF ASPEN, MS 7883 TO THE SOUTHWESTERLY CORNER OF THE PRIDE OF ASPEN, A BUREAU OF LAND MANAGEMENT MONUMENT, SAID CORNER BEING LOCATED ON THE NORTHERLY SIDE LINE OF TRUEWORTHY, MS 3740 AM AND ALSO N 76 DEGREES 30'15" E, 22.97 FEET FROM THE NORTHWESTERLY CORNER OF TRUEWORTHY, MS 3740 AM WHICH IS AN ORIGINAL MARKED STONE; 5, THENCE S 00 DEGREES OQ'56" W, 259.42 FEET AS MEASURED ALONG THE WESTERLY BOUNDARY OF THE PRIDE OF ASPEN EXTENDED SOUTHERLY TO AN ANGLE POINT; 6. THENCE S 55 DEGREES 14'43" W, 241.60 FEET AS MEASURED ALONG THE DIVIDING LINE BETWEEN THE TWO PARCELS TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY BOUNDARY OF SMUGGLER MINE SUBDIVISION IDENTICAL WITH THE DELLA S.-SMUGGLER COMPROMISE UNE; 7. THE€EN 34 DEGREES 13'57" W, 1349.76 FEET AS MEASURED ALONG THE SOUTHWESTERLY BOUNDARY OF SMUGGLER MINE SUBDIVISION IDENTICAL WITH THE DELLA S. - SMUGGLER COMPROMISE UNE AND ALSO IDENTICAL WITH THE NORTHEASTERLY BOUNDARY OF TIm CENTENNIAL CONDOMINIUM AND TO THE POINT OF BEGINNING. EXCEPTNG THEREFROM PROPERTY CONVEYED BY DEED RECORDED MARCH 22, 1995 IN BOOK 1 776 AT PAGE 880 UNDER RECEPTION NO. 379928. COUNTY OF PITKINr STATE OF COLORADO. SEP 09 '99 01:33PM ~ TITLE ASPEN . P.7 ALTA COMMITMENT (Requirements) Our Order No. Q380621 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper insuument(s) creating tile estate or interest to be insured must be executed and duly filed for record, to-wit: ~ 1. CERTIFICATE OF INCORPORATION OR CERTIFICATE OF GOOD STANDING OF WRIGHT & PREUSCH ~NING, LTD., A COLORADO CORPORATION A COLORADO CORPORATION. ISSUED BY THE SECRETARY OF 5rATE OF COLORADO MUST BE SUBMITTED TO AND l APPROVED BY LAND TITLE GUARANTEE COMPANY. 2. LEASE BY AND BETWEEN WRIGHT & PREUSCH MINING, LTD., A COLORADO CORPORATION, 1 LESSOR AND "TBD", LESSBEAS TO THE SUBJECT PROPERTY. NOTE: SAID DOCUMENT MUST BE EXECUTED BY THE PRESIDENT, VICE-PRESIDENT OR SECRETARY OF TILE CORPORATION. IF AN ASSISTANT VICE-PRESIDENT OR ASSISTANT SECRETARY EXECUTES SAID DOCUMENT, A CORPORATE RESOLUTION MUST BE PROVIDED TO LANI) TITLE GIVING SAID ASSISTANT AUTHORIZATION. ~ SEP 09 '99 01: 33PM ~D TITLE ASPEN . p.9 ALTA COMMITMENT (Exceptions) Our Order No. Q380621 ~ The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights of claims of parties in possession not shown by the public records. ~ 2. Easements, or claims of easements, not shown by the public recoids. ~ 3. Digmpamies, conflicts inboundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. ~ 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, licas e=umbrances, adverse claims or other matters, if any, created, first appearing in the public records or attachin, Bubacquent to the effective date hereof butpriortothedate the proposed insured acquires of record for value the ainate or interest or mortgage thereon covered by this Commitment, ~ 6. Taxes and assesstnell# not yet due OI payable and special assessments not yet certified to the Treasurer's office. 7, Any unpaid taxes or assessments against said land. ~ 8. Uens for mipaid watcr and sewer charges, if any. I 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTEC*ON, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. ~ 10. WATER HIGHTS OR CLAIMS TO WATER RIGHTS ~ 11. LEASE TO STEFAN R. ALBOUY, ITS SUCCESSORS AND/OR ASSIGNS, AS EVIDENCED BY MEMORANDUM OF LEASE! RECORDED JANUARY 26, 1995 IN BOOK 772 AT PAGE 655. ~ 12. RIGHT OF PROPRIBTOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESE*VED IN UNITED STATES PATENT RECORDED JULY 31, 1885, IN BOOK 28 AT PAGE 1, RECORDED APRIL 8, 1889 IN BOOK 28 AT PAGE 33, RECORDED NOVEMBER 17, 1895 IN BOOK 136 AT PAGE 53, RECORDED DECEMBER 22, 1909 IN BOOK 136 AT ~ PAGE 365, AND RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 159 13. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFAOM SHOULD, THE SAME BE FOUND TO PENETRATE OR INTERSECr THIS PREMISES AS RESERVED IN UNITED grATES PATENT RECORDED MAY 20, 1949, IN BOOK 175 AT PAGE 160, RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, RECORDED MAY 20, 1 ~ SEP 09 '99 01:34PM~D TITLE ASPEN P.10 ALTA COMMITMENT (Exceptions) Our Order No. Q380621 ~ of to the satisfaction of the Company: The policy or policies to be issued will contain exceptions to the following unless the same are disposed 1949 IN BOOK 175 AT PAGE 167, AND RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 168 ~ 14. RIGHT OF WAY FOR DITCHES ORCANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 16, 1895, IN BOOK 136 AT PAGE 53, RECORDED NOVEMBER 22, 1910 IN BOOK 136 AT PAGE 373, AND RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 159 15, THE EFFECT OP RIGHTS OF WAY FOR ROADS, DITCHES, TUNNELS, DRAINAGE, AND THE RIGHTS OF THE PUBLIC, IF ANY, TO USE THE SAME, INCLUDING, BUT NOT LIMITED TO: A. SMUGGLER MOUNTAIN ROAD B. COWENHOVEN TUNNEL ~ 16. PERPETUAL RIGHT OF WAY AND EASEMENT TO EXTEND OF DRIVE LEVELS OR TUNNELS THROUGH THE SUBJECT PROPERTY AS SET FORTH AND RESERVED IN DEBI) RECORDED MARCH 30, 1895 LN BOOK 131 AT PAGE 425, 17. BASEMENT FOR SMUGGLER MOUNTAIN TUNNEL AND TUNNEL SITE AS SET FORTH IN INKTRUMENT RECORDED JULY 9, 1889 IN BOOK 68 AT PAGE 404. 18. EASEMENT AS GRANTED TO J.H. DEVEREUX, ET AL, FOR ROAD PURPOSES IN INSTRUN¢ENT RECORDED MAY 22, 1888 IN BOOK 33 AT PAGE 128. ~ 19. EASBMENT AS GRANTED TO STANDARD MINING CO. OF KANSAS CITY FOR TUNNEL PURPOSIE IN INSTRUMENT RECORDED SEPTEMBER 3, 1889 IN BOOK 68 AT PAGE 570. ~ 20. EASEMENTS AS GRANTED TO COWENHOVEN MININGAND TRANSPORTATION AND DRAINAGE TUNNEL COMPANY FORL TUNNEL PURPOSES IN INSTRUMENTS RECORDED FEBRUARY 24, 1891 IN BOOK 80 AT PAGE 580 AND RECORDED APRIL 20, 1891 IN BOOK 92 AT PAGE 66. 21. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED AUGUST 30, 1988 IN BOOK 572 AT PAGE 70, RECORDED AUGUST 30, 1988 IN BOOK 572 AT PAGE 72. ~ SEP 09 '99 01:34PM ~ TITLE ASPEN p.11 ALTA COMMITMENT (Exceptions) Our Order No. ·Q380621 ~ of to the satisfaction of the Company: The policy or policies to be Issued will contain exceptions to the following unless the game are disposed 22. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EASEMENTS AS CONTAINED IN INSTRUMENTS RECORDED JANUARY 25, 1985 IN BOOK 480 AT PAGE 494 AND RECORDED APRIL 2, 1986 IN BOOK 508 AT PAGE 312. 23. EASEMENT AND RIGHT OF WAY FOR OVERHEAD UTILITY LINES AS CONSTRUCTED AND IN PLACE AND 30.00 FOOT PRESCRIPTIVE EASEMENT AS SET FORTH ON THE SURVEY PREPARED BY BANNER ASSOCIATES, INC., DATED JULY 27, 1994. ~ 24. ANY AND ALL PROPRIETARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF THE SUBJECT PROPERTY LYING OUTSIDE OF THE FENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SUBJECT PROPERTY AS SET FORTH ON THE SURVEY PREPARED BY BANNER ASSOCIATES, INC., DATED JULY 27, 1994. 25. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN ORDINANCE NO. 94-15 RECORDED JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND . RESOLUTION NO. 94.110 RECORDED SEPTEMBER 9,1994 IN BOOK 760 AT PAGE 909, 26, TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF PARTIAL CONSENT DECREE RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 227, AND ANY AND ALL UNRECORDED INSTRUMENTS PERTAINING TO CASE IN THE UNITED STATES DISTRICr COURT FOR THE DISTRICT OF COLORADO ENTITLED THE UNITED STATES OF AMERICA (PLAINTIFF) VS. SMUGGLER-DURANT MINING CORPORATION, ET AL. (DEFENDANTS), AND THE 8TATE OP COLORADO 0?LAINTIFF) VS. MAXXAM, INC., ET AL. (DEFENDANTS), CIVIL ACTION NUMBERS 89-C-1802 AND 92-0620. NOTE: ITEMS NUMBERED 8 THROUGH 23 EFFECT PARCEL 1. 27. RIGHT OF PROPRETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECI' THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 22, 1909, IN BOOK 136 AT PAGE 365, RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116 28. RIGHT OF WAY FOR DITCHES OR CANALS CONSrRUCTED BY THE AUTHORITY OF THE UNITED SrATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, i 1910, IN BOOK 136 AT PAGE 373, AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116 ~ - SEP 09 '99 01:35PM IIIID TITLE ASPEN P.12 ALTA COMMITMENT (Exceptions) Our Order No. Q380621 ~ The policy or plides to be issued will contain exceptions to the following unless the same are di~posed of to the Batisfbection of the Company: ~ 29. TIm EFF#Cr OF RIGHTS OF WAY FOR ROADS, DITCHES, TUNNELS, DRAINAGE AND THE RIGHTS OF THE PUBLIC, W ANY, TO USE THE SAME, INCLUDING, BUT NOT LIMITED TO: A. THE SALVATION DITCH ~ 30. PERPETUAL RIGHT OF WAY AND EASEMENTS TO EXTEND OR DRIVE LEVELS OR TUNNELS THROUGH THE SUBJECT PROPERTY AS SET FORTH AND RESERVED IN DEED RECORDED ~ MARCH 30, 1895 IN BOOK 131 AT PAGE 425. ~ 31. EASEMENT FOR SMUGGLER MOUNTAIN TUNNEL AND TUNNEL SITE AS SET FORTH IN INSrRUMENT RECORDED JULY 9, 1889 IN BOOK 68 AT PAGE 404. ~ 32. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS , RECORDED AUGUST 30, 1988 IN BOOK 572 AT PAGE 70 AND RECORDED AUGUST 30, 1988 IN BOOK 572 AT PAGE 72. 33. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EASEMENTS AS CONTAINED IN INSTRUMENTS RECORDED JANUARY 15, 1985 IN BOOK 480 AT PAGE 494 AND RECORDED APRIL 2, 1986 IN BOOK 508 AT PAGE 312. ~ 34. EASEMENT AND RIGHT OF WAY FOR OVERHEAD UTIUTY LINES AS CONSTRUCTED AND IN PLACE ASSET FORTH ON THE SURVEY PREPARED BY BANNER ASSOCIATES, INC., DATED JULY 27, 1994. ~ 35. TERMS, CONDrrIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS RECORDED APRIL 24, 1974 IN BOOK 268 AT PAGE 415, RECORDED 1 NOVEMBER 14, 1988 IN BOOK 578 AT PAGE 453, RECORDED NOVEMBER 17, 1988 IN BOOK 578 AT PAGE 774, RECORDED MAY 25, 1989 IN BOOK 593 AT PAGE 352, AND RE-RECORDED MAY 26, 1989 IN BOOK 593 AT PAGE 429, AND ROADS AS CONSTRUCTED AND IN PLACE, ALL AS SET FORTH ON THE SURVEY PREPARED BY BANNER ASSOCIATES, INC., DATED JULY 27, 1994. ~ 36. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN ORDINANCE NO. 94-15 RECORDED JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND RESOLUTION NO. 94-110 RECORDED SEPTEMBER 9, 1994 IN BOOK 760 AT PAGE 909, 1 SEP 09 '99 01:35PM ~D TITLE ASPEN P.13 1 ALTA COMMITMENT (Exceptions) Our Order No. Q380621 ~ The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfttion of the Company: ~ 37. TERMS, CONDITIONS, PROVImONS, OBLIGATIONS AND EFFECTS OF PARTIAL CONSENT DECREE RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 227, AND ANY AND ALL UNRECORDED INSTRUMENTS PERTAINING TO CASE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO ENTITLED THE UNMED STATES OF AMERICA (PLAINTIFF) VS. SMUGGLER-DURANT MINING CORPORATION, ET AL. (DEFENDANTS, AND THE STATE OF COLORADO (PLAINTIFF) VS. MAXXAM, INC., ET AL. (DEFENDANTS},CIVILACHON NUMBERS 89-01802 AND 92-C-620, ~ 38. TERMS, CONDrtIONS, PROVISIONS AND OBUGATIONS AS CONTAINED IN MEMORANDUM OF OFTION PErWEEN WRIGHT & PREUSCH MINLNG, LTD., A COLORADO CORPORATION AND Wn-LIAMS RANCH JOINT VENTURE, A COLORADO GENERAL PARTNERSHIP, RECORDED JANUARY 26, 1995 IN BOOK 772 AT PAGE 673. NOTE: ITEMS NUMBERED 24 THROUGH 36 EFFECT PARCEL 2. 39. THE TERMS, CONDITIONS AND OBLIGATIONS OF THAT CERTAIN UNDERGROUND MINING LEASE MADE BETWEEN SMUGGLER-DURANT MINING CORPORATION, AS LESSOR, AND STEFAN R. ALBOUY, AS LESSEE, MADE IN OR ABOUT 1979 AND ANY AND All AMEMDMENTS THERETO WHETHER WRITTEN OR ORAL WHENEVER MADE, WITHOUT LIMITATIONS'. 40. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF EASAEMENT AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 301 UNDER RECEPTION : NO. 379742. ~ 41· TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 22, 1999 UNDER RECEPTION NO. 390141. ~ 42. TERMS, AGREEMENTS, PROVISIONS, CONDmONS, AND OBLIGATIONS OF HOLY CROSS ELECTRIC ASSOC[ATION UNDERGROUND RIGHT OF WAY EASEMENT RECORDED MAY 16, 1997 UNDER RECEPTION NO. 404531. 43, TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBUGATIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED MAY 19, 1998 UNDER RECEPTION NO. 404567. 1 SEP 09 '99 01:35PM~ TITLE ASPEN P.14 ALTA COMMITMENT (Exceptions) Our Order No. Q380621 ~ The policy or policies to be issued will contain exceptions to the following unless the nme are disposed of to the satisfaction of the Company: ~ 44. ANY AND ALL BASEMENTS, RIGHTS OF WAY, AND PLAT NOTES AS SHOWN ON THE PLAT OF SMUGGLER MINE SUBDIVISION RECORDED MARCH 15, 1995 IN PLAT BOOK 36 AT PAGE 77. I 45, TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF SMUGGLER K{[N]3 SUM)IVISION IMPROVEMENTS AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 775 AT PAGE 307. ~ 46. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS CONTAINED IN ORDINANCE NO. 07, SERIm OF 1994, RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 299, AND THE EASEMENT AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 301. 1 1 r -. SEP 09 '99 01:36PM ~D TITLE ASPEN p.15 LANDTITLEGUARANTEECOMPANY DISCLOSURE STATEMENT Required by C.R.S. 10-11-122 1 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regardlng spfial districts and the boundaries of such districts may be obtained from tho Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. 1 1 Eklive September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the cle:k and recorder's office shall contain a top margin of at least one inch and a left. right and bottom margin of at lease one half of an inch. The clerk and recorder may refuse to record or file ally document thnt does not 1 conform, except that, the requirement for the top margin shall not apply to documents using forms on which space i s provlded for r©cording or filing information at the top margin of the documcm. SBA TOWERS INC. SBA TOWERS INC. 2323 Delgany Street Denver, CO 80216 Phone 303.313.2963 Fax 303.313.8025 ' ASPEN I UMBRELLA 9 2800-026 DATE Aueuer i2, iqqq SITE NAME REVISIONS r NO. DATE ASPEN UMBRELLA PZD SEPTEMBER 22, Iqqq THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS AND AUTHORIZE THE CONTRACTOR TO PROCEED WITH THE CONSTRUCTION -DESCRIBE[) NEW RADIO EQUIPMENT AND NEW ANTENNAS ON HEREIN. ALL DOCUMENTS ARE r-1 SUBJECT TO REVIEW BY THE LOCAL NEW 85' HIGH FLAG POLE BUILDING DEPARTMENT AND MAY KCA IMPOSE CHANGES OR MODIFICATIONS. SBA SITE NUMBER LANDLORD Kennith Clark Associates, Inc. 2800-026 DATE Denver, Co 80222 1650 So. Colorado Blvd. Suite #204 Phone: 303.753.9192 Fax: 303.753.9348 THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF THE OWNER IT IS PRODUCED SOLELY FOR USE WITHOUT FORCE AND EFFECT ON REQUIREMENTS BY THE OWNER AND ITS AFFILIATES. OF PROJECTS DOCUMENTS, THE DESCRIPTION OF SITE NAME S.B.A. TOWERS, INC. AND/OR THE INFORMATION CONTAINED IN REPRODUCTION OR USE OF THIS DRAWING ARCHITECT THE PROJECT CAN BE DESCRIBED AS FOLLOWS: ASPEN UMBRELLA SHT. PERMISSION OF THE OWNER. IT IS FORBIDDEN WITHOUT THE WRITTEN DESCRIPTION KENNITH CLARK ASSOCIATES, INC. 1. THE PROPOSED SITE IS AN UNMANNED NO. 1650 SO. COLORADO BLVD. TELECOMMUNICATIONS SITE, CONSISTING OF SBA SITE NUMBER, i DATE SUITE #204 TWO FLAG POLES, AND ANTENNAS T-1 TITLE SHEET - SITE NAME DENVER, CO 80222 2800-026 2. NEW POWER/TELCO RACK AND GROUND PHONE 303.753.9192 C-1 SURVEY, LEGAL DESCRIPTION, VICINITY MAP ASPEN UMBRELLA BASED BTS UNITS SITE ADDRESS FAX 303.753.9348 CONTACT: BARBARA DE LA CRUZ 3. EQUIPMENT INSTALLED IN LEASE AREA UMBRELLA SMUGGLER MINE ON ,~ ENCLOSED BY A 7' HIGH CEDAR FENCE SMUGGLER MOUNTAIN A-1 ARCHITECTURAL SITE PLAN 4. RADIO FREQUENCY SIGNAL FROM ANTENNAS PIKIN COUNTY, CO VOICESTREAM WIRELESS SHALL NOT INTERFERE WITH ANY EXISTING A-2 ENLARGED SITE PLAN SBA SITE NUMBER SURVEYOR TELECOMMUNICATION SITES LANDLORD, A-3 ELEVATIONS 5. THIS FACILITY WILL BE DESIGNED TO CHRIS PREUSCH 2800-026 DATE POWERS ELEVATION CO., INC. ACCOMODATE "CO-LOCATION" 2755 LOWER RIVER ROAD SNOWMASS, CO 13900 E. HARVARD AVE. PROJECT DESCRIPTION CONTACT: CHRIS PREUSCH SUITE 113 AURORA, CO 80014 PHONE: 970.925.3805 SITE ADDRESS PHONE 303.321.2217 49 1 FAX 303.321.2218 APPLICANT, UNSURVEYED SMUGGLER MINE CONTACT: ROBERT ALLEN CHICHESTER 4 *# "vlm -11 SBA TOWERS, INC. SITE SELECTION SPECIALIST ON SMUGGLER MOUNTAIN - rl 1 (1 1 >, 4 'Ig :13- 11- 1 2-+f -- PIKIN COUNTY, CO 1 6 1 417- 11 11 -- -- 11 -1 It-6 11 1 1 '1 61 M 9 2-~ SHEET TITLE -1 CONTACT: DERK SWARTZ SHEET INDEX DATE 7 1 - t.. PH. 303.517.76118 1 1 ., 911 2, 1 ; al.Wi:zli" 1,~, I ~~1'sfr~U FAX: -- 9*»r- 1 . 14 , 44'- p·4 45 4 T.1 '.4 1-. 1 1 41- 5 , e.=;- l~el F{,tE jiliui 1 ' - -A ,~fg=Ex r-- 1 --5 -- '4 ; . -9 43WL, ~miIiI~~1 ~Inft ~ ~ LATITUDE· N 39' 11' 36.8" £,g~--~9%X # 60 // KENNITH~A'A 1 A TITLE SHEET - .-2-14- 64 - "I-- AN~k L' 1 h LONGITUDE, W 106' 48' 24.8" il 1/ CLAR¥/ W-ZAN NOTE• & 27 /0 /J:77 -Dile STAMP GERI-IFIES THE V, \ 91202§4//.7£~ARCHITECTURAL AND GENERAL I tgri + .. , 82 .4~ - . 44'4~'' ·-·~' ~,1 #11r '' ' ' 1- NOTES SHEETS ONLY.CIVIL, CONSTRUCTION PROJECT MAI\IAGER SHEET NUMBER 1 «-©294 -r.,!~_ ~ A.D.A. COMPLIANCE: 0**20, STRUCTURAL, ELECTRICAL 2 4: AND MECHANICAL SHEETS ~ 5 - 4,#tr ' ' i FACILITY IS UNMANNED AND NOT ARE NOT CERTIFIED BY KENNITH PAUL CLARK 49, 1 13-, 4,11:rk FOR HUMAN HABITATION. UC. # 304254 THIS STAMP. ~, 1 '*HOM-146 W#ATIE,V 2<422 ,..27 1 1,#16'In'B-01~f Exp. Date: 7-31-2001 DATE T-1 11 - 1 -1 - 4 Signing Date: 9/22/99 4/Wir/.%/£#m/"""."#- 31~ 3#' I !, ,~+ r'4 -I' CONSULTANT TEAM VICINITY MAP PROJECT SUMMARY SIGNATURE STAMPS APPROVALS 1. THE CONTRACTOR 15 TO VERIFY THAT ALL EXISTINe TOPOGRAPHY AND HORIZONTAL SBA EOMETR¥ IS AS INDICATED ON THESE DRAWINGS. THE CONTRACTOR 19 TO ESTABLISH THE EXISTENCE AND LOCATION OF ALL UNDER®ROUND AND OVERHEAD UTILITIES AND SERVICES. IMMEDIATELY NOTIFY THE CONSTRUCTION ~ MANA®ER OF ANY DISCREPANCIES OR INTERFERENCE'S WHICH AFFECT THE SEE ENLARGED TOWERS INC. WORK OF THIS CONTRACT. Delgany Street 2. ALL INORK SHALL BE IN ACCORDANCE WITH ®OVERNINe AUTHORITIES, CODES, - EXISTINS ~ ARCHITECTURAL. Denver, CO 80216 PROPERTY LINE .\ Phone 303.313.2963 AND REGULATIONS. PLAN, SHEET A-2 1 l\ Fax 303.313.8025 ' ASPEN 3. THE CONTRACTOR 19 COMPLETELY RESPONSIBLE FOR CONTAINMENT OF SEDIMENT I \ AND CONTROL OF EROSION ON SITE. ANY DAMAGE TO ADJACENT OR DOWNSTREAM \\ PROPERTIES HILL BE CORRECTED BY THE CONTRACTOR AT NO EXPENSE TO OHNER. ~ UMBRELLA 4. THE CONTRACTOR 15 TO MAINTAIN ADEQUATEE DRAINAaE AT ALL TIMES. DO NOT 0,1 g 04»41\3 2800-026 ALLOIN WATER TO STAND OR POND. ANY DAMAGE TO STRUCTURES OR WORK ON THE ~ \ - A ./ SITE CAUSED BY INADEQUATE MAINTENANCE OF DRAINAGE PROVISIONS WILL BE , 6 DATE AueusT 12,1*161 THE RESPONSIBILITY OF THE CONTRACTOR A,ND ANY COST ASSOCIATED WITH REPAIRS / --- .-I FOR SUCH DAMAGE HILL BE AT THE CONTRACTORS EXPENSE. .-. --' i=:=:~1 REVISIONS / / NO. DATE 5. ALL HASTE MATERIAL SHALL BE PROPERLY DISPOSED OF OFF-SITE OR AS / - il Fib SEPTEMBER 22, Iqqq - 1/\ I DIRECTED BY THE CONSTRUCTION MANAaER AND IN ACCORDANCE WITH .-- +-- -1 1 JURISDICTIONAL AUTHORITIES. / < \ 1 \\\ \ 6. COORDINATES AND BEARINeS SHOWN ARE BASED ON STATES GRID. 0-. \ \\\ ELEVATIONS SHOWN ARE BASED ON NORTH AMERICAN VERTICAL -- \\\\\\ \\ \ DATUM OF 16188 (NAV[) 88). ~ ~ EpeE oF Exie-1-INS ROAD \ -1. SURVEY INFORMATION SHOINN COMPLIES WITH FAA ORDER 8260.1€ \ 1\ \ 1 C \ i \\ I F-1 8. CONTRACTOR TO MAINTAIN 20' HORIZONTAL CLEARANCE FROM GENTERLINE < KCA OF EXISTING POHER LINES AS REQUESTED BY THE POWER COMPANY. ~V ~ ~ \ q. SEED AND MULCH ALL DI5TURBED AREAS NCIT COVERED BY OTHER MATERIALS \\ P\\\%\\p IN ACCORDANCE WITH THE SPECIFICATIONS. \ 10. THE CONTRACTOR SHALL BE REPONSIBLE TO CORRECT ALL DAMAGE TO THE '~0 SITE SUBSEQUENT TO THE INSTALLATION OF 1-HE POWER AND TELCO LINES. - 11. LANDSCAPING HILL BE DONE IN ACCORDANCE INITH LOCAL COUNTY'S ZONINS \ ~ ~ ORDINANCE. \ ~ ~ ~ Kennith Clark Associates, Inc. 1650 So. Colorado Blvd. Suite #204 N ~ ~ ~ Denver, Co 80222 PROJECT GENERAL. NOTES 2 1 Phone: 303.753.9192 \ Fax: 303.753.9348 THIS DRAWING IS COPYRIGHTED AND IS \ THE SOLE PROPERTY OF THE OWNER ~ IT IS PRODUCED SOLELY FOR USE BY THE OWNER AND ITS AFFILIATES. ~ ~ ~ REPRODUCTION OR USE OF THIS DRAWING EXISTINe BO' HIDE AND/OR THE INFORMATION CONTAINED IN 0 UTILITY EASEMENT IT IS FORBIDDEN WITHOUT THE WRITTEN ~ PERMISSION OF THE OWNER. I SITE NAME i li ]AIRIeHT AND PREUSCH MINING, LTD ASPEN UMBRELLA 1 | PROPER - NOTE: , REFERENCE SURVEY FOR \ TOPO AND OTHER INFO < < ~ SBA SITE NUMBER 1 2800-026 // 1 SITE ADDRESS 1 1 EXISTIN© UNSURVEYED SMUGGLER MINE 0 DEGREE AZIMUTH PROPERTY LINE ~ ON SMUGGLER MOUNTAIN PIKIN COUNTY, CO / 0° \\\ 4# 1 0 - ~ 270° &21 "-7 qoo X*y / SHEET TITLE 1 SITE PLAN EXISTINe ARCHITECTURAL 180° / e 1 PROPERTY L\WE n / \ 2 /0 / ~ * SHEET NUMBER NORTH , ANTENNA ALIGNMENT ~-~ ARCHITECTURAL SITE PLAN SCALE • 1' = 20'-0' 1 -HinKIZVaBB032__82__ ~ ~ NEW FLASPOLE- TOTAL OF 2, REFERENCE MANUFACTURER SHOP DRAININeS FOR ADDITIONAL INFORMATION SBA ~2~02 NEW T HISH CEDAR FENCE TOWERS INC. - <~> NEW 4' INIDE CEDAR MAN-eATE 2323 Delgany Street ~ ~, NEW 2' WIDE INAVESUIDE SRIDEE SUPPORTED WITH 2-1/2" DIA. Denver, CO 80216 . STEEL POST @ 4'-O" O.6. Phone 303.313.2963 ~ EpeE OF NEW TOWER CONCRETE BASE FOR COMMUNICATION TOWER, Fax 303.313.8025 de .0 REFERENCE SHOP DRAWINeS FOR ADDITIONAL INFORMATION 1 ~~~~~ a ~6~ NE]Al eli HleH CONCRETE SLAB FOR RADIO ELECTRONIC BTS CABINET UMBRELLA 4> ~1 NEW PARCEL LEASE LINE, SEE SITE SURVEY FOR ADDITIONAL 2800-026 <S 12 INFORMATION[ DATE AUeUST 12,1444 7 d. INSTALL MIRIAFI 500X FABRIC OR EQUAL OVER ENTIRE FENCEE) ~/0 403~ 0 ~ <~~' COMPOUND, VERIFY WITH PROJECT MANAER FOR REVISIONS \~ ADDITIONAL INFORMATION NO. DATE , 4 - PZP SEPTEMBER 22, Iqqq ~ ~ ~ PROVIDE AND eRADE *51 STONE OVER ENTIRE FENCEE) d · COMPOUND TO A DEPTH OF 4". 4) O 4 4 · ~2 UTILITY DISTRIBUTION POINT / RACK . „d d '~ ~ NEW EVEIReOOD 200 AMP PPO ¢ TELCO BOX MOUNTED ON PIPE RACK ~/d 9 tb 43 . <7 5 EXISTING 15' HIDE ACCESS ROAD, VERIFY IN FIELD FOR \ ADDITIONAL INFORMATION r--1 - p ./0 \ 1 6/7 - 9 1 ED®E OF EXISTING UTILITY LINE, REFERENCE SURVEY FOR ~ ~ ADDITIONAL INFORMATION KCA / 9/ .~~ 2 FOR ADDITIONAL INFORMATION 9 ~, NEW lo' WIDE ACCESS WALKWAY EASEMENT, REFERENCE SURVEY 6. / 1 - O a > ~ ~ N ~> NEW 98000 BTS CABINET ON MOUNTING BASE 0.00 . \U-:pr. 00 0: / . 00 0 64 '4 1 .. . 1 00 00 Kennith Clark Associates, Inc. 40 47\ ha 1650 So. Colorado Blvd. .' 4 V V Suite #204 A \~ I 00 0 Denver, Co 80222 4 lau .\ 4 ..' / 0.00 Phone: 803.753.9192 90.00 0~ 6 4 r--4 -13 ~ Fax: 303.753.9348 ~~ ~~ ~ THIS DRAWING IS COPYRIGHTED AND IS . 6 8, * . 0000 0 '9 THE SOLE PROPERTY OF THE OWNER '32' IT IS PRODUCED SOLELY FOR USE a 7 6 001 e BY THE OWNER AND ITS AFFILIATES. REPRODUCTION OR USE OF THIS DRAWING : a -0 0000 ./ AND/OR THE INFORMATION CONTAINED IN esl IT IS FORBIDDEN WITHOUT THE WRITTEN CN . 0000 2 PERMISSION OF THE OWNER. \ 000 \ 6 4 04% 4 8 Fl SITE NAME 4 a 6 6 5 a 0 000 i ASPEN UMBRELLA <19-/ 0 . - I 4 \ SBA SITE NUMBER O* 11 .4 · 1 i.d 2800-026 d. ..,4 O* /%2 . 7 / 3 2 A-3 ELEVATION · * j SITE ADDRESS 1 UNSURVEYED SMUGGLER MINE \ ~ ON SMUGGLER MOUNTAIN 0 PIKIN COUNTY, CO 0/, . 0 DEGREE AZIMUTH - ~,0 d SHEET TITLE 19 <13>j \ 00 > ENLARGED 0 SITE PLAN 2-70° |~|~~|~CJ,7 e 2 + tx 93 &43/ leo° 4/ K. 0 47' 1 ELEVATION SHEET NUMBER 1 + \60 NORTH A-2 ANTENNA ALIGNMENT ~- ENLARGED ARCHITECTURAL SITE PLAN SCALE , 1/4' - 1'-0' KEYED NOTES 091 V 338030 4 SBA TOWERS INC. 2323 Delgany Street Denver, CO 80216 Phone 303.313.2963 Fax 303.313.8025 i ASPEN 9* -r~ 2800-026 UMBRELLA DATE AUSUST 12,1444 2 = Il 11 f.:.i:if- 1-111.-'i: nrI / r.'Ir ffricE,ME-I__:~-i NEW PANEL ANTENNAS r••'•.*.1 --- 7 REVISIONS $ r.. t.*.:.it -4------L- 1111&:%:15/- . 7.3 7=--7 MOUNTED INSIDE RF TRANBPARENT CYLINDERS i. |2~| ~t~ l;~27~-=--- - - ;4) 1 \li:.:-:ilurlluw "I'll 'tdz.121.:,--a I~~i 1 NO. DATE 111 [351212=ZI= I -1 ,1 t~5=1.--i-7 1 --- 1 · PZD SEPTEMBER 22, Iqqq -- -4- I - NEW "UNITED NEW FLAG ~ NEH "UNITED STATES FLAe" STATES FLAe" KCA ix 3 NEW FLAePOLE NEW FLA@POLE P * 1 1111111&11111 (1 OF 2) (2 OF 2) r z Ill 19 r « 0 \950 5 2 d NEW FLAGPOLE Z > Kennith Clark Associates, Inc. 0 OP 2) " <0 1650 So. Colorado Blvd. Suite #204 m A Denver, Co 80222 Phone: 303.753.9192 Fax: 303.753.9348 i THE SOLE PROPERTY OF THE OWNER THIS DRAWING ]S COPYRIGHTED AND IS IT IS PRODUCED SOLELY FOR USE BY THE OWNER AND ITS AFFILIATES. REPRODUCTION OR USE OF THIS DRAWING AND/OR THE INFORMATION CONTAINED IN NEH BTS -LEASE LINE PERMISSION OF THE OWNER. IT IS FORBIDDEN WITHOUT THE WRITTEN CABINET ON MOUNTING BASE n NEW -1' HIGH NEW 4' HIDE SITE NAME CEDAR FENCE NEIN -1' HI(514 CEDAR MAN-GATE - CEDAR FENCE FF)#it ET,///1*ki~~F:F~H /--314-------f .. - 1 ASPEN UMBRELLA LEASE LINE \ F IlllII111 Irllit¢~|~ 1 , 9 ://///11=/mi ....I- -==-i : I. - PY. 1 lEillei IF 1-1.ilgitti~1-11121 1 121 1 11 I lyf· *2 1 1 ' IlrLLI./fr-111- 1121 lilli C IL'tiffll I IEI 1 lei I I- " ...trif ··-5 ..9: i - 9P=== - " ·· 7-L.ft > 00 .. 1 • . SBA SITE NUMBER 111=1 - 111 El NE' 11= lau . Wmal I lEi l El ir - FILL-IN AREA 1... .1 1- 1 111=lia- 1211 NEW RETAINING - « ...7 ,-'3111.1119111*11' 311-1 11211 TE HALL ,+7~0 . lei I lei 119' ' O ' ... ~ ..T " : 2800-026 Ell'EllIE ..5 1.....9611'Ell'Ell'El 11- . +1 - liftal 11 ./mal I I-I I lei I lEill- . I , ./-1 I lEi I lEi l lEill- ' TI··=rr- | | EXISTING 4111211'ENIE' 11- 'Iiaf -Iiai ~411~aliiliiiai Ii~*Iii-Eili. Ililrlall.till-Il-Il-EnT-Tr--T~......Tr.. GRADE -7 /Cl I IEW 112111=-1 --~ "-~L=" '=' I I-~19111*111-11 lal HEI I lal I lEi ' la' I I-1 2--I I lal I IEI Eli lEi I IEI It-1 El Ial 11 HI ''IENIEHIE HEIWIEII'lalll*IllallIEHIEHEINENHEIII.Eli'*'llE., =Ill-IllEHETIIENIEINIENUFEMIVENIFEILIE LEIFIE~Ill-Ill-Il'- 1 El 1 19 21-11IE. liel 1 /1211'Ell'El 1 1 -111=:liu 11=111-11. -~11-111=11'EUE~111- tatt#13' «111-111-1 221 1 1211 1*1' SITE ADDRESS '11-111-1 1 111-1 UNSURVEYED SMUGGLER MINE ON SMUGGLER MOUNTAIN PIKIN COUNTY, CO VIEW WITHIN COMPOUND VIEW FACING COMPOUND SHEET TITLE ELEVATIONS SHEET NUMBER SOUTHEAST IELEVATION SCALE • 1/8 ' = 1'-0' ~ 1 SOUTHWEST ELEVATION SCALE , 1/8' = #-0' 2 immummnnw 1 ©ELLEw,Lill FOUTER, EFUU A©PEE ©(Dll=~©EA©© 6072 ©©*628©©0©28 VIaNITY MAP TOPOGRAPHI C DETAI L NOT TO SCALE SCALE 1 "=20' ~3\ \ SURV E \ -4-2 N X 0 2 0-* 9 \ X .. - ----- 4 \ .1 74*: r.-1,3 . 4 SMUGGLER \ ·46 1 SHAFT HIGHWAY 8 1 i \ \\ \ \ .t 4% A -- 47 \\ \ CD 1% \\\ / 05 k ' 4/GHWAY 82,~. 4%>27 \\\ 1 \\\ - \\ \ ~ ELECTRIC 0 \ SFORMER BOX tX \ » 1 \ ACCESS ROAD P(»IT OF TERMNUL--r\*': * 4 y \ \ \ 1 \ \ \ $ BASIS OF ELEVATION :.:94: ELEVATIONS HEREON WERE BASED UPON \\\ I *4;\ \ THE COPY OF SURVEY (JOB NO. 80-39-2) \ \ PREPARED BY VINE SURVEYS' POINT OF BEGINNING \ PARCEL A A '00 k \ \ R=86.02' ------ CH=N2943'05'W 80.29' / .-I D-55'38'22.2' - -- ------- EDGE OF- EXISTING ROAD - \ \ \\ - \ Ab \\\ -- UMff OF UnUIY EASEMENT - %-6 ~ \\ \\\ 1 . - ' -lf / -- POINT OF BEGGINING \\\ ' -- \ 1 it / --EDGE OF E 10' COMPOUND WALKWAY , \1t // 1 1 1 1 , R=853.13' )031* 4------~27--------------- % / / CH=S80'10'047 205.72' W '\\ ll1 \\\ UUff OF UTILITY EASEMENT ll/ D.13'51'00.3* . T \ - 111 . 1 , / -- I. 1'1 R=84.45' \\\ \\\ 111 CH=N41'16'09'E 122.46' \ \ Ill D-92'57'07.5" \ 1 \ 111 \\\\ \\\ 1 1 R=146.40' \, 1 I1 CH=S61'40'42"E 88.31' 1 , i , 11 1 D=35'06'33.1' \ \ \ \ \ 5\ 1 1 \ \ \\5\ \ \ 1 %00.\ 1 -l \ 1 \ \ \ \\ \\\ \ \ \ \ \ \ 0-1 \\\ R=146.51' 1 \\\ :4, i. a / \ \\\ CH=N4(748'35~W 112.51' \\\ \\ \ \\ D=4509'419' \\9\\ \\ \\\ \\ \\\ \ \\ \\ \ 1 \ ..\ \ 1 \ \ N \ \\ \\ I \\ \ 1 \ \ \\ \ \ 1 \\\\ I \\ \ \\ \ \\ \\ \\\ \\\ \\\ \ \\\ \\\ \\\ \\\ \\\ \\\ \ \ \ \ PARENT TRACT DETAIL NOT TO SCALE R=138.10' \\\ CH=Nl 453'28~W 167.28' ;\. D=74'34'41 f 1 1 1 t 1 #1l lll ll1 b PARCEL A LEGAL DESCRIPTION WRIGHI AND PREUSCH MINING, OD & "MER 1 l 1 111 COMMENCING AT THE SMUGGLER CORNER NO. 2; THENCE 131 N15'00'341 A DISTANCE Of 641.69 FEET TO THE POINT CU j mt ' - 6~ FEET; THENCE N4018'201¥ A DISTANCE OF 50.00 FEET; OF BEGINNING; THENCE 549'41'40'W A DISTANCE OF 30.00 1I l LEASED SITE b THENCE N49'41'407 A DISTANCE OF 3000 FEET; TIENCE /4/ 1 S€18'20"E A DISTANCE OF 50.00 FEE[ TO THE POINT OF 121 1 - 11% i 41*//'-- BEGINNING. ~el 1 CONTAINING IN ALL 1,500 SQUARE FEET OR 0.03 ACRES MORE OR LESS. I bl 1 1..1 1 111 Ill COMPOUND WALKWAY LEGAL DESCRIPTION ~ 1#; L lll 1'1 A 10 FOOT WIDE WALKWAY, INGRESS AND EGRESS EASEMENT ll! BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED 111 111 CENTERLINE: 111 COMMENCING AT THE SMUGGLER CORNER NO. 2; THENCE 111 llj N15'00'34"E A DISTANCE OF 641.69' TO THE SOUTHEAST 111 CORNER Of- PARCEL A; THENCE 549*41'40"W ALONG THE - 1.I 1'1 SOUTH LINE OF PAREL A A DISTANCE OF 24.45 FEET TO CORNER NO. 2 1 1 THE POINT Of BEGINNING, THENCE 514'32'38*E A DISTANCE . .f 1 OF 46.16 FEET TO THE POINT OF TERMINUS. t ACCESS ROAD LEGAL DESCRIPTION A 30 FOOT WIDE ACCESS EASEMENT BEING 15 FEET ON EITHER THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SIDE OF THE FOLLOWING DESCRIBED CENTERUNE: POWERS U [VArION CO., INC. TO DETERMINE OWNERSHIP OR POINT Of BEGINNIN ACCESS ROAD EASE.MENTS OF RECORD. FOR ALL INFORMATION REGARDING COMMENCING AT THE SMUGGLER CORNER NO. 2, THENCE EASEMENTS, RIGHTS -OF-WAY, AND TITLE OF RECORD, TERMINUS OF PUBLIC ROAD + N34'27'11"W A DISTANCE OF 208.70 FEET TO THE POINT POWERS ELEVAHON CO., INC.. RELIED UPON THE COUNTY 5 OF BEGINNING; THENCE N1 734'41"E A DISTANCE OF 66.27 OF ~.PlIEIL. 0, FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 138,10 FEET, A DELTA OF 74'34'41.8", AND A CHORD WHICH NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ~ BEARS N14'53'28'W A DISTANCE OF 167.28 FEET TO A POINT ANY LEON ACIION BASED UPON ANY DEFECT IN THIS SURVEY OF NON-TANGENT REVERSE CURVATURE; THENCE ALONG THE WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. ARC OF A CURVE TO THE RIGHT HAVING A RADIUS Of 146.51 IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS FEET, A DELTA OF 45'09'43.91 AND A CHORD WHICH BEARS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF N40'48'35~W A DISTANCE OF 112.51 FEET TO A POINT OF CERTIFICATION SHOWN HEREON. COMPOUND CURVATURE TO THE RIGHT; THENCE ALONG THE ARC 30' 60' OF A CURVE TO THE RIGHT HAVING A RADIUS OF 84.45 FEET, CERTIFICATE OF SURVEY A DELTA OF 92'57'07.5", AND A CHORD WHICH BEARS N41'16'09"E I certily that the survey shown hereon A DISTANCE OF 122.46 FEET TO A POINT OF COMPOUND CURVATURE SCALE: 1' = 30' TO THE RIGHT; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT was performed under my direct responsibility, 1 HAVING A RADIUS OF 853.13 FEET, A DELTA OF 13*51'00.3", AND supen,ision, ord checking. A CHORD WHICH BEARS 580'10'041 A DISTANCE OF 205.72 FEET TO A POINT OF COMPOUND CURVATURE TO THE RIGHT; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF- 146.40 FEET, A DELTA OF 35'06'33.1", AND A CHORD WHICH BEARS Robert Allen Chichester 561'40'42'E A DISTANCE Of 88.31 FEET; THENCE 538'12'28"E A 11!° '961 191/3:~ BASiliABING POINT OF COMMENCEMENT DISTANCE OF 128.99 FEET; THENCE N16'18'36"W A DISTANCE OF Cololodo P.L.S. #7735 CORNER #2 152.10 FEET TO A POINT Of NON-TANGENT CURVATURE TO THE LEFT; PER GPS OBSERVATION SMUGGLER THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 86.02 FEET, A DELTA OF 5538'22.2" AND A CHORD WHICH BEARS UNLESS SIGNED, SEALED AND DATED THIS IS A PREUMII•RY PlAT. N29'43'05~W A DISTANCE OF 80.29 FEET; THENCE N54'10'02"W A DISTANCE OF 36.75 FEET; THENCE N56'01'46'W A DISTANCE OF 44.54 FEET TO THE POINT Of TERMINUS. CONTAINING IN ALL 38,766 SQUARE FEET OR 0.89 ACRES MORE OR LESS. 1 9-16-99 SION PmENT mACT CC/DY No. DATE REVISION APPROV. Scale : 1"=30' Surveyed By : CHICHESTER ©2&(LULAR 70%122 8072 CLIENT: ~~ Powers Elevation Co., /nc Drawn By : DBY ASPEN COLORAD© 8072 COy®280©=028 SBA, INC. 6 0 d 2323 DELGANY STREET CJV :Checked By : CHICHESTER DENV~R, CO. 80216 LAND SURVEY*S File : C:\AUG99DY\ASPEN.DWG , 3900 E MARVARD AVE., SUITE 113 (303) 321-2217 Date : 8- 1999 AURORA. CO. 80014 1-800-824-2550 IZ 80 d, 4. '3,21.3- ln?~.-/6/ 21 # '9Ma AEE:08