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HomeMy WebLinkAboutLand Use Case.TU.10 Club Cir.0074.2012.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074.2012.ASLU PARCEL ID NUMBERS 273502309951 PROJECTS ADDRESS 10 CLUB CIRCLE PLANNER SARA NADOLNY CASE DESCRIPTION TEMP USE/CELL TOWER REPRESENTATIVE MAROON CREEK, LLC DATE OF FINAL ACTION 1.14.13 CLOSED BY ANGELA SCOREY ON: 2.1.13 MEMORANDUM TO: Mayor and City Council FROM: Sara Nadolny,Planner Technician THROUGH: Chris Bendon,Community Development Director MEETING DATE: January 14,2013 RE: AT&T Cell Tower—Temporary Use Request APPLICANT/OWNER: Staff has again approved a 14-day installation for AT&T Mobility/Maroon Creek the 2013 X-Games. LLC STAFF RECOMMENDATION: REPRESENTATIVE: Staff recommends that City Council deny the Elizabeth Walker,Vertical Real Applicant's request for Temporary Use extension. Estate Consulting Inc. This facility was installed during last year's X- Games and Staff asked the Applicant to pursue a LOCATION: permanent facility rather than rely on a COW. The Maroon Creek Club— 10 Club Cell-on-Wheels installation is unsightly and not a Circle long term solution. CURRENT ZONING&USE: Park(P)with PUD and SPA overlays. The site is currently used primarily for recreational purposes, with a restaurant,private golf { course,tennis courts and a fitness Yr center on the site. PROPOSED LAND USE SUMMARY: Applicant seeks an extended Temporary Use approval from City Council to maintain a 60' tall movable cellular tower, known as a Cell-on-Wheels or COW, in the rear parking lot of the subject site from January 31, 2013 until April 15, 2013. City Council has the authority to approve temporary Figure A: Image of subject property w/COW uses for up to 180 days. 1 s LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council: • Temporary and Seasonal Uses: Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary use,unless a shorter period is specified in the approval. BACKGROUND: The Applicant is requesting permission to maintain a temporary mobile cellular tower, known as a Cell-on-Wheels or COW, on-site at the Maroon Creek Club rear parking lot for a period of 75 days, from January 31s` through April 15`h. This cell tower is proposed to provide additional cellular support for users of AT&T wireless services during the bulk of the winter ski season. The Applicant has been approved for a 14-day administrative temporary use permit to maintain the COW on-site at the Maroon Creek Club from January 17`h — 30`h' 2013, to support the increase in heightened cellular activity during the Winter X-Games event. The Applicant previously received a 14-day administrative temporary use permit during the 2012 Winter X-Games to maintain a similar portable cellular unit on the subject site. At that time,the Applicant was asked to pursue a more permanent solution. The proposed unit will be located within the existing rear parking lot of the Maroon Creek Club, as indicated in Figure B,below. R F f Figure B:Vicinity map with approximate location of COW unit. 2 b The COW is expected to occupy approximately six parking spaces in the rear parking lot of the Maroon Creek Club. The body of the unit will measure 14'5" in height, with an extended telescopic mast measuring 60' in height. Two antennas will be mounted on the mast at 51'8" and 57'8", respectively. A chain link fence will be erected around the unit comprising an area of approximately 20'x50'. An on-site generator will serve as backup to the operation in the event of power failure of the main source, which is the existing maintenance facility. The Maroon Creek Club is located within the Park(P) zone district, and is also subject to PUD and SPA zoning overlays. STAFF EVALUATION: Staff has reviewed this request and has multiple concerns with the proposal. There are a number of standards that apply to wireless telecommunication facilities and equipment within the City. Section 26.575.130 Wireless telecommunication services facilities and equipment states that wireless telecommunication services facilities and equipment on property that is within the City's jurisdiction will: "Preserve the character and aesthetics of areas which are in close proximity to wireless telecommunication services facilities and equipment by minimizing the visual, aesthetic and safety impacts of such facilities through careful design, siting and screening, placement, construction or modification of such facilities." The proposed COW unit lacks sufficient screening. The body of the COW unit is proposed to be segregated from the rest of the parking lot by a chain link fence, which is not an acceptable fence material within the City. The 60' tall antenna mast will be fully unscreened, and visible from the adjacent roadway, Hwy 82, and the surrounding residential neighborhoods. Dimensional requirements for all uses within the Park zone district are set by the adoption of the PUD, which limits the height of the buildings to 28', and in some instances 33', at the Maroon Creek Club. There is no place within the City that permits a structure of the proposed height. Staff does not find that the proposed telecommunication unit to be compatible with the surrounding area, nor its visual impact to be minimized or screened. This unit achieves the opposite of the intent of the Code's regulations regarding equipment of this nature. The City takes pride in regulating aesthetics to ensure compatibility of structures and development and to minimize interference with the natural surroundings. This cellular unit also does not support the architectural standards for the Maroon Creek Club, the character of which is intended to be "natural, unimposing, and rural." A goal of the Maroon Creek Club Design Guidelines, 2006 Edition, is to "retain the natural character of the site"and to"minimize visual impact from on and off the site." The Maroon Creek Club PUD was approved with 325 parking spaces, per Board of County Commissioners Resolution No. 90-87, for all recreational aspects. This request creates a deficit of at least six parking spaces for a significant length of time for users to the area. 3 NOTICE OF APPROVAL For Insubstantial Temporary Use Permit at 10 Club Circle, Legally Described as Lot 51, Maroon Creek Club Subdivision, City of Aspen, CO Parcel ID No. 273502309951 APPLICANT: Liz Walker, Vertical Real Estate Consulting, Inc. OWNER: AT&T Mobility SUBJECT & SITE OF APPROVAL: Temporary Use Permit for Lot 51, Maroon Creek Subdivision, commonly known as 10 Club Circle, involving the erection of a temporary cellular tower, known as Cell on Wheels (COW), from January 17th, 2013 through January 30th, 2013, as a means of supporting AT&T cellular service during the Winter X-Games event. The Applicant is requesting an extended Temporary Use Permit, pursuant to Land Use Code Chapter 26.450, Temporary and Seasonal Uses. SUMMARY: The Applicant has requested a Temporary Use Permit to erect a mobile cellular tower that would serve area AT&T customers during the Winter X-Games from January 17th, 2013 through January 30th, 2013. The intent is to provide additional service for the temporary increase in population for the duration of the X-Games event. The temporary trailer and tower (Cell on Wheels, aka COW) will be located in the parking lot of the Maroon Creek Club. The COW will measure 14'5" in height. The top of the telescopic mast will measure 60' in total height, with two antennas mounted on a telescopic mast at 51.8' and 57.8', respectively. Temporary chain link fencing will be erected around the COW, encompassing an area approximately 20'x50. A transformer on a concrete pad a portable generator will be located inside the temporary fencing. The COW will be located in the southwest corner of the Maroon Creek Club parking lot, occupying approximately six parking spaces. This temporary facility will be in operation 24 hours a day during the requested days of use, save for January 30th, when the COW will be disassembled and removed from the property, unless a temporary use extension is granted by the City Council at the regular public hearing scheduled on January 141h, 2013. At this hearing the Applicant will request that the COW be allowed to remain in place until April 15, 2013, through the end of the ski season. Should the City Council deny this request, the Applicant will be required to remove the temporary COW tower on January 30, 2013. STAFF EVALUATION: Pursuant to Chapter 26.450, Temporary and Seasonal Uses, of the City of Aspen Land Use Code, the request has been examined in terms of Section 26.450.030, Criteria applicable to all temporary uses. Staff finds that the request of the tower is acceptable for a limited time period. The facility will have visual impacts on the surrounding area. The proposed use will have no significant impact on traffic, municipal services, or noise levels. The proposed temporary use will provide additional services to the general public during the X-Games event. 1 The applicant has provided verification from the property owner granting permission to operate, and a determination of no hazard to air navigation from the Federal Aviation Administration. Staff approves the operation to begin on January 17, 2013 and conclude on January 30, 2013. DECISION: The Community Development Director finds the request for a temporary cellular tower and accompanying trailer to be erected at 10 Club Circle as noted above and in Exhibit `A' is consistent with the review criteria found in Exhibit B, and thereby APPROVES the exemption as specified below. APPROVED BY: I Chris Bendon Date Community Development Director Attachments: Exhibit A - Approved Site Plan Exhibit B - Elevations Exhibit C - Review Standards Exhibit D - Application 2 Exhibit A Site Plan M MAO­MC 40 X=e0%/Oto ` N.I.WNN IS(Q UN.O. NEW 100 P"IMCD MLE wum t."MNNIOYNCC YARD acrm N f®ICC Ia OMAL IN%SCCIME OWLE _ TD DIMDE OF CONOUR CUPSC MIDI NEY Rwo CONOUR ON - ORAX VANU APPPO4VAM d T.D. NEW AT&T MW __t�ILE toulnN RED C 1.7 I � CO PnnIDNC EDr LiA7 PgDPp<TjY UNC t{1%IMR O On" \ \ 11yy \ � S O \ 7 SITE PLAN .+c.u:• is e o to Exhibit B Elevations NOW cm NCW OOMI =-IOK ANONOREO BAY+1TOIM V PN7CORN NEW AT&T AWrD&A3 NpN AT&T ANIOINNS i � a $ n e NEb AT&T COW SNEL7 ON 7RQUM NEM AMT WW Pw"ON TRNM SMLWY UCW NON AT&T POWA E y, FM CIWLNK M e P.G NEM COM UIE-STfE • 'd!7EW.PlAF9RY 2 EASTELEVA'f10N ELEVA-nON w•m r'�+� "�--�' Exhibit C Review Criteria and Staff Findings Sec. 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. AT&T proposes to locate their Cell on Wheels (CONS unit on Lot 51 of the Maroon Creek Subdivision, 10 Club Circle, in Aspen, Colorado. The COW will be located'in the Maroon Creek Club parking lot, occupying approximately 6 parking spaces. The body of the unit will measure 14'5" in height, with an extended telescopic mast measuring 60' in height. Two antennas will be mounted on the mast at 51'8"and 57'8", respectively. A chain link fence will be erected around the unit, comprising an area of approximately 20'x50'. The bulk of the unit will not be visible to the majority of motorists or users in the area; however, the mast will be visible due to its height. An on-site generator will serve as backup to the operation should power fail, with the main source of power coming from the existing maintenance facility, run to the COW by a 100 pair Telco cable, routed inside the maintenance yard between the fence and material bins, and secured to the inside of the fence by conduit clips. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed COW unit is intended to serve AT&T customers for the duration of the Winter X-Games. The use in the immediate vicinity is a public golf course, which is not in use during the winter months. The proposed temporary use is supportive of the recreational nature of the immediate vicinity, as it will support the X-Games event which will take place on the ski slopes directly across the street. Stafffinds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. There are no anticipated impacts in regard to this temporary use on pedestrian and vehicular traffic, traffic patterns, municipal services, noise levels and neighborhood character. The COW will be located within a parking lot of the Maroon Creek Golf Course, and will occupy approximately six parking spaces for a two week period. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The temporary use is proposed for the period of time from January 17'h, 2013 through January 30th, 2013. The Applicant will appear before City Council during a regularly 1 schedule public hearing on January 14`h to determine the likelihood of an extension through April 15, 2013. A 14-day temporary use was granted for the 2012 Winter X Games, from January 17th through January 30th. This will be the second temporary use request for the Applicant. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The proposed temporary use is on the Maroon Creek Club golf course, adjacent to nearby multi family residences. However, the COW unit will not interfere with the residences, or the ability of users to interact with the golf course lands. There is a minimal loss of parking spaces on the site due to the location of the COW; however, as this request is temporary in nature and the area is minimally used during the winter months, Staff does not find this request to be an issue for the Maroon Creek Club. Staff finds this criterion to bet met. E. The purposes and intent of the zone district in which the temporary use is proposed. The zone district where the temporary use is proposed is known as Public (PUB), with Specially Planned Area (SPA) and Planned Unit Development (PUD) overlays. The purpose of the Public zone district is to provide for the development of governmental, quasi- governmental and nonprofit facilities for cultural, educational, civic and other nonprofit purposes. The intent of this specific area is to be used for public recreational purposes. The proposed COW will enhance the public's experience in a recreation in the area. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. There is no foreseeable diminution of general public health, safety or welfare associated with this temporary use. Enhancements may be made to the general public's welfare in their enhanced ability to receive cellular signals during a time of heightened activity within the Aspen city area that may otherwise experience difficulty. Staff finds this criterion to be met. 2 VERTICAL real estate consulting, inc. WINTER X GAMES VIEW LOOKING SOUTH fr r i 'inYa: y PROPOSED CONDITIONS PREPARED BY CHARLES STECKLY ARCHITECTURE INC. (E)CO H-IA AND aut ALL WORK IS(E)U.N.D. \S'TIn- IN WVESURE ORlA:W6T ^S�b O4LEA OI CO 0112 NEW 100 PAIR TELCO CABLE ROUTED INSIDE FE NIE MD YARD BETWEEN FENCE AND TO INSIL SINS.SECURE CABLE TO INSIDE Di FENCE WffH CONDUIT CLIPS VERTICAL REAL ESTATE � CONSULTING,INC. NEW TELCO CONDUIT ON GRADE OVERALL APPROXI09 O \ tw�:s rsFnArao LENGTH-B00' 3 \ m T-T-T- &-T-T PROPERTT LINE cNAO NRE ARCIOTECTI/RE-PUNNRiG- RCN 50.75 5011M IANC S1REEi,9111E 4W uTnE1w,caDRA9D emST Ofi10E:SSA8MT1 NEW AT&T O COW fAC.10.1.0525551 F1�(E PROPERTY LME(IYP LOCATION RE:C-7.1 PROJECT. DRAWN BY: JTT (E)PARKING LOT CAD \ ` \ t �T- LINE (E)KFMR 0 GRADE / \ vnna m c W xwm. \\ M n (E)BUILDING r� O l ) O \ Sr,NAME: \ / \ WINTER X-GAMES COW TO CLUB CIRCLE \ ASPEN, CO 81671 \ COW x / \ sNeEr rm,= EXISTING& PROPOSED ® SITE PLAN 555999 SMEEr NUMB NCRTH C- 1 SCALE: 76 5' 0 16 SITE PLAN ?=iV 21'-0"FENCE AREA aw NEW AT&T PORTABLE IN_�"S GRIME wv SUITE LOCATION D91LEW000,DO W112 VERTICAL REAL ESTATE CONSULTING,INC. ON OWE CSAi NEW ACCESS STAIR =MN74 NEW AT&T COW ZECT87 SHELTER ON TRAILER CHECKED ft. SOP FENCE 20 TEMP.PLATFORM NEW rLECTM CONDUIT ON GRADE NEW CDMI UTE-POLE MCHO PLATFORM W/ ANTENNAS RE,C-2 NO LOT WOOD FENCE -------—------- ASPHALT PARKING LOT TRANSFORMER ON H-FRAME W/2"PANS. EWE OF CURB WINTER X-GAMES COW 10 CLUB CIRCLE &30 METIER#931362 ASPEN, CO 61611 NEW 1 OOA SUB-PANEL. COW DISCONNECT SWITCH MOUNTED TO(E)H-FRAME ENLARGED SITE PLAN 8c ARKING PLAN NORTH c- 1 ENLARGED SrrE PLAN at&t SunE ,m co DRAt W6T FNGLEWODD'co CD W„] VERTICAL REAL ESTATE CONSULTING,INC. NEW CDMI NEW CDMI LITE-POLE ANCHORED UTE-POLE ANCHORED BY PLATFORM BY PLATFORM v.HS P CS.� IF NEW AT&T ANTENNAS NEW AT&T ANTENNA DARCHITECTURE-PI ANNMO 'ON 50.15—LAND FWSET.-T— u1nrIDN,caLORASO em» art,a:b1rS1n7� rAN 5oaaua5n PNOJEO NR DIMWN LTr. m CIE'CKED m: 5R1P S vniu m o� 6 U � F” a � NEW AT&T COW SHELTER 1 IN TRAILER NEW AT&T COW SECURITY LIGM SHELTER ON 7RNLER Srt't•:NAM[ NEW AT&T PORTABLE OENEMTOR LOCATION INSDE TEMPORARY NEW TEMP.CHANUNK WINTER %-GAMES COW FENCE FENCE 10 CLUB CIRCLE ' ASPEN, 81611 er rmE �= F.0. ELEVATIONS �< �R 20 TEMP PVETFOOR SHeer NUMem: �� STALE' Y 0 C-2 121 EAST ELEVATION sa�. r® 1 SOUTH ELEVATION -A I -- -- - -- ---- CLIENT SW AA M� 308]8 N.TATUM BLVD PHOENIX,AZ 85858 PLANS PREPARED BY Ilrd7migm pas carp / P,Pie=t m no9emenl m,nte�w.e o ----- - --:` 102a5E V"a Lnda ScotteEa e,AZ 85258 PI­:480 451 9609 la R: 480 451 9608 - _... __- _.._ ___ -_. �,. J ____. -._. --.. __ ♦ e moil: core®yECOII'icecom S AL r �rowr tea ona,n.Drepen,or ro��g en(roc)e Dreac<a.�er er roC one __ tl�cro-.w.ze a,one aee:n9 ana/o. PROP05EG ni,ANiFNNAS----- -- PROPOSED a„AuiENrvQ1 - �ecm ne.aon a rem an.�nw� MOUNTED Ou Tall I MwN'EG ON,ELESLOPC en ve�m eaKn or rou v o aPi D 0', NO.TDATE—DEECRI PTION I (—ARCHITECTS YDC301� Il PROJECT INFORMATION 6410&6411 �ErvER.,oRpRc.°�EsLlrvt 'i RGPG=EG.T,cow WINTERX-GAMES L«e,reO 14, rErvcnwc smE.EHPOR.RY1-1rvc FErvcNC ii. ', 16 CLUB cn1cLE 'Illy cEUE ',, ASPEN,CO 81611 uaORnR uciur, I SHEET TITLE _ a SITE ELEVATION JURISDICTION APPROVAL i EAST ELEVATION . . . SOUTH ELEVATION ...` SCALE 1I4'=11 SCALE 118'=1b• SHEET NUMBER F Z3 Long Term Future Plan for Aspen Area January 7, 2013 Dear Ms. Nadolny: I know there is concern about AT&T's long term wireless plan for coverage in the Aspen area in light of this pending request to keep the temporary site up and operational during the remainder of the ski season. Keeping the temporary site up during the remainder of the ski season will supplement coverage during this high demand season. This site will have a beneficial impact for consumers, residents and visitors in the area with respect to coverage for convenience, business and safety purposes while AT&T implements long term solutions. As you know, wireless coverage benefits the community by providing a communication network for business, personal and emergency services purposes. The emergency service component of this service is critical in light of the number of people who now exclusively use wireless devices to communicate. According to the FCC website: The number of 911 calls placed by people using wireless phones has significantly increased in recent years. It is estimated that about 70 percent of 911 calls are placed from wireless phones,and that percentage is growing. For many Americans,the ability to call 911 for help in an emergency is one of the main reasons they own a wireless phone. Other wireless 911 calls come from "Good Samaritans"reporting traffic accidents,crimes or other emergencies. The prompt delivery of wireless 911 calls to public safety organizations benefits the public by promoting safety of life and property. [http://www.fcc.gov/guides/wi reless-911-services] Please note that AT&T has a longterm plan for Aspen that involves many components including upgrading existing facilities and installing new facilities. Below are some details AT&T has provided to demonstrate their commitment to providing robust wireless service to the area. However below are so more details regarding future plans: jll 1. AT&T is planning to participate in the Pitkin RFP.We can't speak to the details of what that means until that RFP is submitted and approved. 2. On 10/10/12,AT&T launched a new cell site in Aspen,called Aspen Highlands. It is near the Ritz-Carlton just south on Maroon Creek Rd. 3. On 12/24/12,AT&T launched 3 indoor sites: a. Aspen Mountain Base � ,{ (( j1 �"'� i b. Snowmass Two Creeks c. Snowmass Elk Camp location 4. On 12/27/12,AT&T launched 1 indoor site at the Aspen Mountain Sundeck location. 5. We are currently working on indoor sites at: a. Aspen Meadows Resort(Temp site has been on for sometime). b. Snowmass Base/Data Center 6. On 12/28/12,AT&T launched LTE in Aspen/Snowmass.Aspen area customers now have access to 4G-LTE 7. We are actively working on additional capacity for our main outdoor site in Snowmass. 8. We did an antenna modification at our Airport site for better coverage and performance. 9. All of our outdoor sites in Aspen have been upgraded to Enhanced Backhaul for best speed and performance. Thank you for your consideration of this additional information. Sincerely, Liz Walker a Code Compliance Section 26.450.030 Criteria Applicable to All Temporary Uses Maroon Creek Club—Temporary Wireless Facility A. The location, size, design, operating characteristics and visual impacts of the proposed use. The location of the proposed facility is in the SW corner of the Maroon Creek Club parking lot. Size, design, operating characteristics and visual impacts are detailed in the site plans and photo simulations provided in support of this application. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed temporary facility will be located adjacent to existing operations structures. These structures will provide adequate screening of proposed facility. Photo simulations are provided in support of this application. It is important to note that this site will provide critical communications services during a particularly busy time during the ski season. Maintaining a strong communications network during busy and high demand times is absolutely critical for safety of the community and visitors to the area. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The proposed temporary facility will have no impact on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels or neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure,parcel,property or location as proposed in the application. Duration of the pro osed tem orary use is for the 2012/2013 ski season from November 2012 to April 2013. E. The purpose and intent of the zone district in which the temporary use is proposed. The site is consistent with the zoning of the property. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. No zoning change is being proposed. This proposed location is the best site in the area to provide this critical coverage. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The proposed temporary use site will improve wireless coverage during the winter ski season and in particular, the Winter X Games. This site will not have a negative impact to public health, safety or welfare. Improved cellular service will enhance public health, safety and welfare because a reliable communication network is critical for maintaining access to emergency services. Code Compliance Maroon Creek Club—Temporary Wireless Facility Section 26.575.130 D (1). Site Plans Site plans that comply with Section 26.575 D.1 have been provided in support of this application. Section 26.575.130 D (2). Site Improvement Survey A site improvement survey has been provided in support of this application. Section 26.575.130 D (3). Landscape Plan Due to the temporary nature of this installation, AT&T is requesting a waiver of this requirement. Also there is not an area in the vicinity of the temporary site location that would be appropriate for landscaping and landscaping in the area of the temporary facility would be wasteful as it would need to be removed when the facility is decommissioned. For all these reasons no landscaping is proposed. Section 26.575.130 D (4). Elevation Drawings and "before and after" Elevation Drawings and Photo simulations have been provided in support of this application. Section 26.575.130 D (5). Lighting Plan and photometric study. No lighting is being proposed and due to the limited scope of this installation, AT&T is requesting a waiver of this requirement. Section 26.575.130 D (6) (a) - (d). Structural Integrity. A letter confirming the structural integrity of the project will be provided upon request. A shared use facility is not being proposed. Section 26.575.130 D (7)(a). FAA Coordination AT&T has filed the sites with the FCC and the Aeronautical Studies are pending. The Aeronautical Study Numbers are below: Aspen X Games COW ASN #2012-ANM-2198-OE Section 26.575.130 D (7)(b). FCC Coordination FCC filing documentation has been provided. Section 26.575.130 D (8). Efforts to locate on existing facility AT&T was unable to locate this installation on an existing facility as this is a temporary cellular facility. Section 26.575.130 D (9). Signed affidavit This facility is not a typical wireless facility but a temporary facility dedicated to providing improved service to this property during a finite period of time and as such this requirement is not applicable. Section 26.575.130 D (10). Knowledge of Long Term Plan for City If requested by the City, AT&T is willing to discuss its long term plans. Section 26.575.130 E(1). Prohibitions Lattice Towers: a lattice tower is not being proposed. The facility being proposed is a temporary wireless structure. Section 26.575.130 E(2). Site Selection Preference The proposed temporary facility will be located where existing structures provide the greatest amount of screening. Section 26.575.130 E(3). Interference The proposed facility will not interfere with any other wireless services. Section 26.575.130 E(4).Airports and Flight Paths The proposed facility will not interfere with airports or flight paths. A letter of coordination with the airport has been provided as well as FAA filing documentation to evidence no interference. Section 26.575.130 E(5). Historic Sites and Structures The proposed facility will not negatively impact historic sites or structures. Section 26.575.130 E(6). Public Building,Structures and Right-of-Ways This facility is to be located SW corner of the Maroon Creek Club parking lot. Section 26.575.130 E(7). Co-location Collocation was not possible for due to the temporary nature of this installation. Section 26.575.130 E(8). Maintenance The proposed site will be properly maintained in a safe, clean manner. Section 26.575.130 E(9).Abandonment or Removal There is no existing facility to be removed at this time. The site will be completely at the end of the time period for which the site is approved. Section 26.575.130 E(10). Conditions and Limitations AT&T shall comply with any conditions and limitations as imposed by the city. Section 26.575.130 F(1) (a) - (d). Setbacks This facility will be in compliance with all setback standards set forth. Section 26.575.130 F(2) (a) - (e). Height AT&T is requesting that the temporary wireless structure be installed at a height of 60' as it will have minimal visual impact and is temporary in nature. Section 26.575.130 F(3) (a) - (e).Architectural Compatibility As this facility is temporary and not attached to an existing structure, no other architectural considerations are proposed. Section 26.575.130 F(4) (a) - (d). Compatibility with the Natural Environment This temporary facility will not have any impact on the natural surroundings. All existing vegetation and view planes will be preserved. This facility will comply with all FCC regulations concerning maximum radio frequency and electromagnetic frequency emissions. Section 26.575.130 F(5). Screening This temporary facility will be screened by existing structures and secured by a temporary chain- link fence. Section 26.575.130 F(6). Lighting and Signage There is a basic security light on the temporary mobile equipment unit. No other lighting or signage is proposed. Section 26.575.130 F(7). (a)—(c)Access Ways The facility will not block any access ways as it will be located within existing parking spots. Pq LAND TITLE GUARANTEE COMPANY INVOICE Land Title GUARANTEE COMPANY L T G C.CUM Customer Reference No. Record Owner: MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY Property Address: 10 CLUB CIR ASPEN CO 81611 When referring to this order, please reference our Order No. ACT62004844 Date: October 11, 2012 -CHARGES- Cell Tower Information Binder $750.00 RESEARCH INCOME-SHMML $125.00 --Total-- $875.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date,the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: LAND TITLE GUARANTEE COMPANY 533 E HOPKINS#102 ASPEN, CO 81611 Land Title Guarantee Comany CUSTOMER DISTRIBUTION Date: 10-11-2012 Our Order Number: ACT62004844 Property Address: 10 CLUB CIR ASPEN CO 81611 VERTICAL REAL ESTATE CONSULTING INC. 7436 S IVY WAY CENTENNIAL, CO 80112 Attn: LIZ WALKER Phone: 303-264-7455 Copies: i EMAI:Hz@verticalrec.com Sent Via EMail If you have any inquiries or require further assistance,please contact Commercial Title-Linda Stafford Phone: 303-850-4180 Fax: 303-393-4824 Form DELSVERY.LP Cell Tower Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a)"Land":The land described,specifically or by reference,in this Binder and improvements affixed thereto which by law constitute real property; (b)"Public Records";those records which impart constructive notice of matters relating to said land; (c)"Date":the effective date; (d)"the Assured":the party or parties named as the Assured in this Binder,or in a supplemental writing executed by the Company; (e) "the Company"means Old Republic National Title Insurance Company,a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. (c)Title to any property beyond the lines of the Land,or title to streets,roads,avenues,Ianes,ways or waterways on which such land abuts,or the right to maintain therein vaults,tmmels,ramps,or any other structure or improvement;or any rights or easements therein unless such properly,rights or easements are expressly and specifically set forth in said description. (d)Mechanic's lieu(s),judgment(s)or other lien(s). (e)Defects,liens,encumbrances,adverse claims or other matters:(a)created,suffered or agreed to by the Assured; (b)not known to the Company,not recorded in the Public Records as of the Date,but known to the Assured as of the Date;or(c)attaching or creating subsequent to the Date. 3. Prosecution of Actions (a)The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured;and the Company may take any appropriate action under the terms of this Binder,whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b)In all cases where the Company does not institute and prosecute any action or proceeding,the Assured shall permit the Company to use,at its option,the name of the Assured for this purpose.Whenever requested by the Company,the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss-Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liabile under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay,settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder,or to pay the full amount of this Binder.Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2011 American land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. CTIB.ORT Cover Page 1 of 2 & Limitation of Liability-Payment of Loss (a)The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth,but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for loss or damages shall arise or be maintainable under this Binder(1)if the Company after having received notice of any alleged defect,lien or encumbrance not shown as an Exception or excluded herein removes such defect,lien or encumbrance within a reasonable time after receipt of such notice,or(2)for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Binder,except for attorney's fees as provided for in paragraph 6(b)thereof,shall reduce the amount of the liability hereunder pro tanto,and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed,in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e)When liability has been definitely fixed in accordance with-the conditions of this Binder,the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder,all right of subrogation shall vest in the Company unaffected by any act of the Assured,and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued.If the payment does not cover the loss of the Assured,the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss.The Assured,if requested by the Company,shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation,and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. & Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder.No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President,a Vice President,the Secretary,an Assistant Secretary or other validating officer of the Company. 9. Notices.Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South,Minneapolis,Minnesota 55401, (612)371-1111. 10. Arbitration Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI-FRAUD STATE30 N'T:Pursuant to CRS 10-1-128(6)(a),it is unlawful to knowingly provide false,incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include imprisonment,fines,denial of insurance and civil damages.Any Insurance company or agent of an insurance company who lutowingly provides false,incomplete,or mideadmg facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable fry lim rance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed and made a part of this policy. Issued through the Office of: LAND TITLE GUARANTEE COMPANY ;•��°�� * *�z�sG•; Mark Bilbre 533 E HOPKINS#102 ;aP* * m . y ASPEN,CO 81611 * * i President 303-850.4180 m m . d070 ),%A,.• Runde Yeager 0-1 61", Secretary A horized Sign ture PIB.ORT Cover Page 2 of 2 LTG Policy No. LTAQ62004844 Form PIB/ORT CELL TOWER INFORMATION BINDER Our Order No. ACT62004944 Liability: $75,000.00 Fee: $750.00 Subject to the exclusions from coverage,the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation,herein called the Company, GUARANTEES VERTICAL REAL ESTATE CONSULTING INC. herein called the Assured,against loss,not exceeding the liability amount stated above,which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of October 03, 2012 at 5:00 P.M. 1.Title to said estate or interest at the date hereof is vested in: MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 2.The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 3.The land referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: LOT 51, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB, RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4, PLAT, STATE OF COLORADO 4.The following documents affect the land: 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 14, 1892, IN BOOK 55 AT PAGE 21, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191, RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400, RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562, AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 14, 1892, IN BOOK 55 AT PAGE 21, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191, RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400, RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562, AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155 3. TERMS, CONDITIONS AND PROVISIONS OF MAROON CREEK SUBDIVISION(SOUTH) ANNEXATION RECORDED FEBRUARY 06, 1997 IN BOOK 41 AT PAGE 76. 4. ALL MATTERS SHOWN ON ANNEXATION MAP RECORDED FEBRUARY 6, 1997 UNDER Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4.The following documents affect the land: (continued) RECEPTION NO. 401572. 5. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SUBJECT PROPERTY RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 AND CORRECTION PLAT RECORDED MARCH 31, 1994 IN PLAT BOOK 34 AT PAGE 23 AND MAP RECORDED SEPTEMBER 27, 1996 UNDER RECEPTION NO. 397484. 6. MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 02, 1993, IN BOOK 733 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 17, 1994, IN BOOK 742 AT PAGE 83 AND SECOND AMENDMENT RECORDED JUNE 8, 1994 IN BOOK 752 AT PAGE 754 AND THIRD AMENDMENT RECORDED JULY 19, 1994 IN BOOK 755 AT PAGE 883 AND AMENDED AND RESTATED THIRD AMENDMENT RECORDED JULY 26, 1994 IN BOOK 756 AT PAGE 597 AND FOURTH AMENDMENT RECORDED SEPTEMBER 12, 1996 UNDER RECEPTION NO. 396947. 7. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF RESTRICTIVE COVENANTS RECORDED DECEMBER 22, 1993 IN BOOK 736 AT PAGE 335. 8. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 12, 1993, IN BOOK 730 AT PAGE 606 AND AMENDMENT RECORDED MARCH 10, 2000 UNDER RECEPTION NO. 441279. 9. TERMS, CONDITIONS AND PROVISIONS OF DEDICATION AGREEMENT FOR ROADS RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 662. 10. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC ACCESS EASEMENT RECORDED NOVEMBER 12,_1993 IN BOOK 730 AT PAGE 655. 11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 93-104 RECORDED AUGUST 13, 1993 IN BOOK 721 AT PAGE 245. 12. TERMS, CONDITIONS AND PROVISIONS OF AVIGATION EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 690. LTG Policy No. LTAQ62004844 Form PIB/OAT Our Order No. ACT62004844 4. The following documents affect the land: (continued) 13. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 797. 14. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT AND DESIGNATION OF SUCCESSOR DECLARANT RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 242. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401986. 16. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION RECORDED JULY 11, 1994 AT RECEPTION NO. 371946. 17. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS RECORDED SEPTEMBER 03, 1996 AT RECEPTION NO. 396644. 18. TERMS, CONDITIONS AND PROVISIONS OF INSUBSTANTIAL PUD AMENDMENT RECORDED DECEMBER 19, 1996 AT RECEPTION NO. 400129. 19. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE#34, SERIES OF 1996 RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401985. 20. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE#40, SERIES OF 1996 RECORDED APRIL 08, 1997 AT RECEPTION NO. 403224. 21. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 22, 1999 AT RECEPTION NO. 435797. 22. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 24 RECORDED MAY 04, 1998 AT RECEPTION NO. 416475. 23. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED DECEMBER 8, 1999 UNDER RECEPTION NO. 438383. 24. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR SERVICE RECORDED FEBRUARY LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4.The following documents affect the land: (continued) 01, 2000 AT RECEPTION NO. 440028. 25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED NOVEMBER 16, 2001 AT RECEPTION NO. 460923. 26. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE HARMONY ROAD PLAT RECORDED AUGUST 9, 2002 UNDER RECEPTION NO. 470808. 27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 05, 2003 AT RECEPTION NO. 479574. 28. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED MARCH 16, 2006 AT RECEPTION NO. 521824. 29. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 03, 2008 AT RECEPTION NO. 553987. 30. DEED OF TRUST DATED FEBRUARY 06, 2012 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF VECTRA BANK COLORADO, N.A. TO SECURE THE SUM OF$3,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 586526. 31. FINANCING STATEMENT WITH VECTRA BANK COLORADO,THE SECURED PARTY, RECORDED FEBRUARY 10, 2012, UNDER RECEPTION NO. 586635. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 586527. 32. DEED OF TRUST DATED OCTOBER 15, 1997 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXTRON FINANCIAL CORPORATION TO SECURE THE SUM OF$15,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409454. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 20, 1999, UNDER RECEPTION NO. 431337. LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4.The following documents affect the land: (continued) AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 31, 1999, UNDER RECEPTION NO. 435077. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 04, 2002, UNDER RECEPTION NO. 465963. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409455. 33. DEED OF TRUST DATED NOVEMBER 12, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED NOVEMBER 27, 1996, UNDER RECEPTION NO. 399476. 34. DEED OF TRUST DATED OCTOBER 08, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 16, 1996, UNDER RECEPTION NO. 398113. NOTE:THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE:THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. .av T 0 12 r Agreement to Pay Application Fees agreement between the City of Aspen("City")and Property Phone No.: 970— CIZO— Owner('I"): (havoolq (gem Luc Email:t�Pc- PMCO Speyj. CbM Address of Billing Property, 10 CLAklo Orde, Address:7 4 RP 17VOLs.. WA%f (subject of (send bills here})eo*m 16i) 2& ?nll Z- I understand that the City has adopted,via Ordinance No. ,Series of 2011,review fees for Land Use applications and the payment of these fees Is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services Indicated. I understand that these flat fees are non-refundable. flat fee for $ flat fee for flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project,It Is not possible at this time to know the full extent or total costs Involved In processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it Is Impracticable for City staff to complete processing, review, and presentation of sufficient Information to enable legally required findings to be made for project consideration,unless Invoices are paid In full. The City and I understand and agree that Invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an Invoice by the City for such services. I have read,understood,and agree to the Land Use Review Fee Policy Including consequences for non-payment. I agree to pay the following Initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the Initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $.,g4&Q ,deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be bllied at$265 per hour. City of Aspen: Property Owner: Pei- L OA LAMA Chris Bandon Community Development Director Name: EiC1 Q fkUM01• 4 City Use: Fees Due:$ Received: ASO' 0 01 '20 OCT 2 6 2012 ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Wtelesr -M4-106#4 Ceee_k Location: (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: r Address: Tnvek-ne-Sr nnvv, wesf- f-ke-ll 6 Q Phone#: 4Q10 &00 REPRESENTATIVE: Name: I.KEYl 2, Address: -VI SLP WA-. Phone 4: 3 0 3 — 02c y TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption F-1 Conceptual PUD Temporary Use ❑ GMQS Allotment F-1 Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) m4roof? Yet PROPOSAL: (description of proposed buildings,uses,modifications,etc.) ,0roo4-sWo 7b 1_ze-A-?M pe440-y W Me- lest ;6 - a 4 'f4- ase" Have you attached the following? FEES Du: 0-1 F Pre-Application Conference Summary oV, [X1 Attachment#1,Signed Fee Agreement FA Response to Attachment#3,Dimensional Requirements Form 0 Response to Attachment 44,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-13 Model for large project NO All plans that are larger than 8.5"X 1111 must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Ma/ -o o N Cv-ee-k CLU L le►ti1pc1*aey Applicant: A-r T MoQ%UTV Location: 10 CLU- b rfrei- Zone District: PU* - 619A Lot Size: Alo At6jj 11673 /3e7/V6 10iz0po-StF b Lot Area: (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark, easements, and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: /YA Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: N& _Proposed: Proposed%of demolition(Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required.• Proposed: % Site coverage: Existing: Required: Proposed: %Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required.• Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required.• Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: f SPIT-- ;BRA R613,'303) CO r Goosk'earth I Jennifer Phelan From: Elizabeth Walker[liz @verticalrec.com] Sent: Thursday, November 08, 2012 3:31 PM To: Jennifer Phelan Subject: Re: Winter X Games COW Application - FCC Compliance The desired time frame is ASAP ...December 15th until April 15th, basically through ski season. Thank you, Liz Walker 13 303-264-7455 Vertical Real Estate Consulting, Inc. (M) 303-264-7455 (F) 720-200-3595 (E) lizgverticalrec.com www.verticalrec.com On Nov 8, 2012, at 3:06 PM, Jennifer Phelan <jennifer.phelan cityofaspen.com> wrote: Hi Liz: One thing that you did not respond to was the length of time you are requesting to maintain the cell tower via the temporary use.There is a 180 day limit. I'm planning on scheduling the application before city council on January 14th. I know that is getting close to the X games, so my question is when do you need to install the antenna?We could approve an administrative temporary use (up to 14 days) for the Xgames prior to the 14th, understanding that you would be limited to the 14 day allowance if council denies the request.Just let me know what you want to do. Kind regards,Jennifer Please note that my email has changed. It is now iennifer.phelan @cityofaspen.com Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com From: Elizabeth Walker [mailto:liz @verticalrec.com] Sent: Wednesday, November 07, 2012 2:31 PM To: Jennifer Phelan Subject: FW: Winter X Games COW Application - FCC Compliance Here you go. i Thank you, Liz Liz Walker VERT ICAL REAL ESTATE CONSULTING, INC. (M) 303-264-7455 (F) 720-200-3595 (E) lizCverticatrec.com M"..VERTICALREC.COM From: Pam Goss [mailto:pamgossQamsn.com] Sent: Thursday, October 25, 2012 12:56 PM To: amy.guthrieaci.aspen.co.us Cc: Elizabeth Walker Subject: Winter X Games COW Application - FCC Compliance Hi Amy, Liz Walker of Vertical Real Estate Consulting asked that I forward the attached FCC Compliance letter for the Winter X Games temporary cell site at the Maroon Creek Club. This was not available at the time the application was sent to you. Liz will be out of the office through 11/3. However in the interim, please feel free to contact me with any questions or requests for additional information regarding the application. Thank You, Pam Patti Goss GrandVue Management,LLC For VERTICAL REAL ESTATE CONSULTING, INC. Pamgoss msn.com Phone.303-884-1179 Fax: .1-866-257-5845 Please note my new cityofaspen.com email address and update your records accordingly. My old ci.aspen.co.us address will be expiring soon. 2 (� l Title Report M&T PREPARED er:LAND TITLE GUARANTEE COMPANY WIRELESS SERVICES ORDER NO.:AC162004844 EFFECTIVE DATE OCTOBER 3,2012 PROJECT Legal Description CT INFORMATION- ----� REUTCORiDED NTNEIBER�15,,"41 IN BECK 33 AT�PAGE 4T PLO OF COLORADO CLUB. WINTER X-GAMES COW AS W"ON THE 10 CLUB CAR, I ASPEN, CO. 81611 COUNTY OF PITKI� CURRENT ISSUE DATE: �IISSUED FOR:10/19/12_ I Easements Easements `,4�D97. �P1gPERir A PLOifIBEE 22' "T D E S I G J 1.ROOM OF PROPRIETOR OF A VEIN OR LODE 70 EXTRACT AND REMOVE HIS ORE 7HEREFROY �.------ "AD THE SANE BE FOUND TO PENETRATE OR WRRSECT RE PREMISES AS RESERVED N UNRED 22.TRIMS.CONDITIONS AND PROVISIONS�RESCLU RICK MD.24 RECORDED MAY 04,1998 AT STATES PATENT RECORDED MARCH 14,1162,N BOOK 55 AT PAGE 21 RECORDED AUGUST 26,1911 416475. 516CT PROPEAIY BUT 6 IOF A PEOTIIBE W. REV.:DATE: ISSUED FOR: BY: I N BOOK 55 AT PAGE tES RECORDED AUGUST 26,1911 N BOOK 55 AT PAGE 191 RECORDED RECEPTION Mo. SEPTEMBER 73,1934 N BOOK 162 AT PACE 4DO RECORDED,VINE 16,1944 N BOOK 167 A7 PACE 23.EASEMENTS AW RIGIM OF MAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION,NC W SUBMITTAL �T 562 AM RECORDED MAY 20.1953 IN BOOK 180 AT PAGE 155.WFECTS SAM PROPERTY MR NSIRUNQT READ DECEMBER 6,1999 UNDER RECEPTION W.436363.(DOES WT NPECF D 1D�1a�12 �I 6 NW A FIOTTA9E TRY} SAM PROPEIO»' 1 10/19/12 ADDED T11LE REPORT 2,RIGHT OF'RAY FOR DITCHES OR CAW CONSTRUCTED B(THE AUTHORITY Of THE UNTIED STATES JT PROASM RECORDED ED;N LIMITED 1 STATES N BOOK 55 A�7 D lES PEKE.18 NJGU51 26.5 AT PAGE 21 BOOK 55 AT 2C TERMS,CONDITIONS RECEPTION Ib.4W026�(A ECTS 51=POW=BUT 6 MO< PWTIA�E TRY}01.2000 AT PACE 191 RECORDED SEPTEMBER 13,1934 N BOON 162 AT PALE 400 RECORDED ANE 16, 25.TERMS.CONDTDNS AND PROVISIONS OF MEIADRANDN RECORDED RENEW 16,2001 AT 1944 N B A TM P 20..119.53 IN BOOK 180 AT PALE 155. RECEPTION NO.460923.(/PRECIS SUSW PNOPFRIY M 6 WT A FAME REIN). (AFFECS 25.EASEMENTS.RIM OF RAY AND ALL MATTERS SIIOWN ON THE NARMONY ROAD PUT RECORDED 'I 3.TERMS,CONOTIONS AND PROM6101S OF MAROON CREEK SUBDIVISION(SOUTH)ANEXATXN AUGUST 9.2002 USER RECEPTION N0.410806.MOMENT lLM84 RECORDED FEHRUM;Y 06,1997 N BOOK 41 AT PAGE 76.(AFFEC6 SURIECT PFAFEATY BHT 6 WW 27.TERMS.CONDITIONS AND PROMSgMS OF EASEMENT AGREDMENT RECORDED MARCH 05,2003 AT A RUMSE 1UQ1)L RMEPTDN NO.479574.(AFFECTS 916978 PRWM BUT 6 Wf A PIATBBE TRY). I 4.ALL MATTERS SHOWN ON ANNEYATION MAP RETDRDEV FE9WU RY%1997 UNDER RECEPTION NO. 28.TOM,CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY EASEMENT 401572.(AFFEC6 SUBW PROPERTY BUT 6 NOT A RATABTE am RECORDED MARCH 16.2006 AT RECEPTOM RD.521824.(DOES MOT AFFECT W&W PAOPBRM. 5.EASTYENIS.Ron OF WAY AD OTHER IMTIEAS AS SET FORTH ON THE PUT OF SUKCT 29.TERMS.CONDOM AND PROVISIONS Of GRAN OF EASEMENT RECORDED NOVEMBER D3,2008 PROPERTY RECORDED NONEUBER 15,1993 N PUT BOOK 33 AT PAGE 4 AND CONREET"PU7 RECONIM NARCHI 31.1994 N PLAT BOOK 34 AT PAGE 23 AND MAP RECORDED SEPTEMBER 27. AT RECEPTION OF W.55 TED FEBRUARY 5 516,20.4 PROPERTY IO 6 NW A P TED LIABILITY E 1996 UNDER RECEPTION N0.397484.HOES WW MW S162GT PKPU"' 3o.L ADD �LI BN'COMPANY To'TN�EI PUB�TRUUS�CREEK F 1 COMPANY. 6.MASTER Dt:GNMTIUI OF PROTECTME COVENNOS FOR MARODM OEEX(1l6,WHRO1 DO NOT __ ANY,BASEE,LPN AIN A ORTE RACE.COLOR, E CIA SIX SE%UA ORIENTATION,FAMNYL ST MARITAL F PFVABLE UNDER THE TERMS THEREOF WORDED FEBRUARY O6.201020,UNDER RECEPTION W BUT OMITTING My CCyEHwTS OR RESTRICTIONS,I STATUS OISIBNil,HANDICAP NATIONAL ORIGIN ANCESTRY.OR SOURCE OF INCOME,AS SET FORTH 56626(KFd41 96,6,4 PROPERTY BJf 6 MW A PLOITABLE Ril} PLANS PREPARED FOR: N APPLICABLE SATE OR FEDERAL TAWS,IXCFPT TO THE IXTENI THAT SAID COVENWT OR 31.FINANCING STATE"WITH VECTRA BANK COLORADO.THE SECURED-V RECORDED FEBRUARY RESIRICDDN 6 pERMTTED BY APPLICABLE LAW AS CWDANED N INSTRUMENT RECORDED DECEMBER 10.201L UNDER RECEPTION NO.586635.02.1993,O BOOK T33 AT PAL ND EC AS AMEIDED N RCORDED RECORDED FEBRUARY Ww 75 �Ai 02,1 N BOOK 742 AT PACE C RID SECOND AAENNNM RECORDED VINE 8. ED N BOOK 752 SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT PROOF RENTS BUT E NOT AA FEBRUARY O06. AT PAGE 754 AND THIRD AYENE"RECORDED JIAY 19,1994 W BOOK 755 AT PAGE 853 AND 2012.UNDER RECEPTION No.59=7.(A7ECR SIB2CF AMENDED AND AESAi131 1660 AMENDMENT RECORDED.NAY 28,1994 N BOOK 758 A7 PAGE 597 32.DEED Of TRUST DATED OCTOBER 15.1997 FROM MAROON CREEK LIMITED LIABILITY COMPANY,A C AM FOURTH AMTII�7T RECORDED SEPTEMBER 12,1996 UNDER RECEPTION N0.395947.(AFFECTS fXKDRADO 11W1ED INBKTY COMPANY iD 1X2 PUBLIC TRUSTEE OF i'ill(N NUH1Y FOR 112 USE OF (SIIA� SAW PROP66Y OR 6 IOU A PLOTABIE TEM). TEXTRON FNAA'.NL CORPORATION TO SECURE THE SUM OF S15ACC,DD0.00.AND ANY OTHER I tQMRIYBPO�AONIY�MIYIS 4lW 7.TERMS.CONDITIONS AID PROVISIONS OF DECLARATION OF RESTRICTIVE COVOIATS RECORDED AMOUNTS PAYABLE UNDER THE TERMS THEREOF.RECORDED OCTOBER 15.1997.ORDER RECEPTION SPENT DECEMBER 22,1993 IN BOOK 736 AT PAGE 335(DOS NTT AffW SU86CT FROPER 4 NO.409454. embo I AMENDMENT AGREEMENT IN COMlECTICH WITH SAID DEED OF TRUST WAS RECORDED MAY 20.1999, ow.p"� R TERMS,NOVEMBER.AID 93.IN BO a SLIOO PACE ATRAND AIF AS CONTAINED N NOV" UNDER RECEPTION NO.431337. RECORDED NOVEMBER 12,1993.N BOOK 730 AT PAGE 808 AND AMENDMENT RECORDED MARCH 1D. CONSULTANT: 2000 UDER RECEPTION N O.441279.(KFBAS NOW PROPERTY BUT 6 NO A FIMNOBIE FT]I)• AMENDMENT AGREEMENT N CONNECTION WITH SAID GEED OF TRUST WAS RECORDED 1U6U51 37, 1909,UNDER RECEPTION W.435077. B.TERNS,CONDITIONS AND PACE 62. a MIT AN AGREEMENT FOR 181405 RECORDED NOVEMBER AMEN"AGREFMFtJf IN CONNEC(ION WOFI SAID GEED a TRUST WAS RECORDED APRIL 04.2002. CRL"w DA i 12.1993 N BOOK 730 AT PAGE 662.(006 MDT AFFBT SUBJECT FIDPERIIQ. UNDER RECEPTION W.465963. v n ,7 10.TERMS.OONDIiDNS AID PREVISIONS OF PI1Nlt ACCESS FiLSEIiENf RECORDED NOVEMBER 12, OCTOBER 15, 1993 IN BOOK 730 AT PAGE 655.(DOES MW AFFm 9UBIEa NIO am. 129 DEED a TRUST WAS o.4094 SECURED ar ASS6NMENT a RENTS IS 10 A I SUAVEYImt� 11.TERMS.CONDITIONS AND PROVISIONS OF RESOwIION N0.93-104 RECORDED AUGUST 13,1993 1997,UNDER RECEPTION W.409155.QPPECTS SUBJECT PRCH CREEK K 6 MW A IRM COM ANY, I Los Angetes• N BOON 721 AT PAGE 245.(ARVC6 SAIBEL4 PWPERI'f BUf 6 NOT A PLOIfA9E I@Q• 33.DEED OF TRUST DATED NOVEMBER 12,1996(RDA WUDON CREEK LIIYfED L1ATU617Y COMPANY. 6551 z Ate�,ry„sun,165 12,1991 N A COLORADO LADED LIABILITY CO~10 THE PUBLIC TRUSTEE OF PITON COUNTY FOR THE USE W 2^54 co eoltl 12 TRANS,CONDITIONS AND PROVISIONS OF AVIATION EASEMENT RECORDED NOIEYAER OF CAROLINA FIRST BOON TO SECURE THE SUN OF S4sDDADO.DO,AND ANY OTHER AMOUNTS -1.(79)W-11U BOO(730 AT PAY 69D.(KFEC15 SUBJECT PROPERTY BJf 6 NW A nmw M* PAYABLE UNDER THE IEN6 THEREOF.RECORDED NfAFALER 27.1996.ORDER RECEPTION W. (800')6 13.TERMS CONDITIONS;AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, 399476.(IWFECTS 96188 PINY an 6 MW A PLOTTABIF TEN} w w.cotvado.com• (800) Cnl_vn 1993 N BOOK 730 AT PACE 797.(AIMIS SAM PROPERTY 619 6 WT A ROT MALE"1 34.DEED OF TRUST DATED OCTOBER 06.1996 FROM MAROON CREEK UNITED LIABILITY COMPANY.A roe 14.TEM CONDITIONS AND PROVISIONS OF AS9GNMENF AND DESIGNATION OF SUCCESSOR COLORADO CANTED LNBKOY I:OMPANY TO THE PUBLIC TRUSTEE OF F41KIN C01RffY FOR THE USE W DRAWN BY; CHI.:-ARV.. --1 OEGUPANT RECORDED MAY TL 1994 N BOOK 750 AT PAGE 242.(KFE1.45 S161ELT PROPERTY 819 CAROLINA FIRST BAN(TO SECURE THE SUA OF 54,9DO,OD.00,AW ANTI OTHER AMOUNTS PAYABLE i 6 NOT A PHEDON E i1M1¢ UNDER THE TERMS THEREOF.RECORDED OCTOBER 16,1986,UNDER RECEPTION W.398113. JT JAL JAL (/ROWS SUB9GT PROPERTY BUT 6 WT A PlOT01BLE TEN). 15.TEAMS,CONDITIONS AND PRMS06 OF EASEMENT AGREEMENT RECORDED FEBRUARY 21,1997 �LICENSURE: AT RECEPTION W.401986.(ARECO SUBBT PROPERTY 89 6 ON A P OMM FEY} �I 16 TERMS,CONDITIONS AND PROVISIONS W TRENCH,OOWIKT,AND VAULT AGREEMENT GRATED TO HDLy GROKS ELECTRIC ASSOCIATION RECORDED,MAY 11.1994 AT RECEPTION W.371946(KFECTS SAW PROPERTY BUT 6 Wf A KWABE TE1Q. 17.TERMS CININRIOHS AND PNOV610N5 OF A59GAAENT OF ROAD MMNIENANCE AGREEMENTS RECORDED SEPTEMBER 03.19%AT RECEPTON W.396644.( PINT SIBW PIOPERIY BW 6 NW A PUUMN IE I10¢ 1B TOW CONDITIONS AND PROVISIONS OF N9JBSWTML PUD AMENDMENT RECORDED DECEMBER I 19.1998 AT RECEPTION W.400129.(AFFEM S1BECf PROPERTY BUT 6 NOT A P10TTiE 1919. i 19.TERMS,CONDITIONS AND PRMIS06 OF DRI 34,SERER OF 1996 RECORDED FEBRUARY 21,1997 AT RECEPTION W.401965.(APFEM SIIBECT FROPERIY BUT 6 NOT A F10106LE TTY} 199971EAI RECEPTION Cp OTES A�2ROV6Yf= •SERIES 6 07 A �CO' SHEET TITLE:SUI&W PROPER" j TOPOGRAPHIC I i SURVEY USHEET NUMBER: REVISION: LS2 LL- SHEET 2 OF 2 SHFETS 1 21 63 Title Report Lease Area/Access&Utility Easements PREPIRCD H1,%201 TIRE L,TNWNIEE corPNn LEASE AREA EFFW NO.:AE.6OCTOBER 3.2012 I Site Detail EF'�"'E DATE:°�� WIRELESS SERVICES Scale: to = 20' BEING A LEASE AREA LYING rRRIRt A POIEpN OF LOT 51,WROON CREEK CLUB. COUNIY of POIWL STAIE OF GDLORADO,BEND WORE PARTICULARLY DESCRIBED FDLLVWS ri, Legal Description DOW COLEENCiNG AT THE WESTERLY MOST CORNER OF°AID LOT 51;THENCE ALONG THE NAIONG THE, LOT 51,MAROON GREEK CLU&AS SHOWN ON RE ATFINAL PLATAN ���CRO d'�' PROJECT INFORMATION:ANO SGUITWESTERLY LNE OF SAID LOT,S41'45.141:.670.66 FEET:'THENCE � — RECORDED NKNEIECR 15,1993 IN PLAT BOOK 33 461.15 FEET TO Tit POINT OF EEG'INMNG:THENCE NW(Wi2-E.50A0 FEET: THENCE SC9'53'01� 21.00 FEET:THENCE SWOT121.50.00 FEEL:HENCE t ": WINTER X-GAMES COW iI NFB'53'48111,21.D0 FEET TO THE POINT OF BEGINNING. • .r CGNTNNLNG 1.050 SD.FT.OR 0.024 ACRES MORE OR LESS. ,.. 10 CLUB CIR. + ASPEN, Co. 81611 HAR i3O�,Y RD ` ,. Assessor's Parcel No. couNTY of PITKIN ,�`, /N A CURRENT ISSUE DATE ACCESS IELEFMONE '°�•, 10/19/11 2 PEDESTAL� Easements —� Vicinity Map- N.T.S. SEE SHEET M ,�, ISSUED FoR: i18afi2d2 ,&S.,,R Line Legend 7647 L – – IA DESIGN -SECION PARCEL eoLm \ . ARM BOUNDARY LINES REV.=DATE:=ISSiJED FOR: BY:� (7wus) saL ��, —� i � � • W LNIES 10110112 SUBMITTAL JT =RIGM OF WAY LINES I —_ .. •FLOOD PLANE LINES ADDED TITLE REPORT Jj .Bk m WIRE FENCE 1 0/19/12 II I &951fL — `CINN M FTC Geographic Coordinates as Shown 46M ( I �— ` I =UNDERGROUND ELECTRID LEES 798 DATNA:LATITUDE 3122916M LONGITUDE I01751'28.14'W INEGROURD GAS 1N4E5 sne • DEW"EOEGIRIC LINES Date of Survey UNDERGROUND SNIUIRY SEWER LIES OcOgER 4.2012 UNDERGROUND TELEPHONE LIES - - UNDERGROUID WAFER ES Basis of Bearings LI TFE COLORADO STATE PINE COORDINATE SYSTEM,CENTRAL LONE(NAD63). 2 5.O cm+It 10.000 THING Boundary Detail I Bench Mark Scale: 1" = 100' I I I GPS oBSLxvAtpN ULEO1G wGS CORS STATRk,S PROCESSED UIRIDNG THE OPL15 UTILITY, ELEVATION=5612.5 TEEN(NAVO 66),AS SHOWN PLANS ?REPLIED FOR: I I I I � I YRe. � 7W477 I Y AACIr7fC7Y11�. na s.easl i I �°w'own 9114117 i �„ \ I WIFI.O+ Z I 1AW(lglr►IWSN Legend HARM0,Vr NC NATURAL DRUNK) CONSULTANT: RD G� coNCrET)PMEE ENT 1 .w+ T TREE TOOT O Bpl1ARD CAL vwD ■ se9s3'ae"E I j(� , DNMETER rroC PDNR OOFF COMMENCEMENT 21.00' PROPOSED r DECIDUOUS TREE — MIERFEM EAEM LIKE LEASE AREA I SUAVElg Ni- INC.\\ EDGE OF ASPHNLT POWER FOIE Los Angel •Denver II '' i � FF F1NEM FLOOR PROPERLY LINE W.. 6757 s.R.w.PM.sua.165 R.0. WIT OF MAY F5 FW91 SURFACE mom bm7 yea-1w} GEOGRAPHIC COORDINATES \ "+ �KYDW ® SEWER MANWE W �: om)M-1YR P(� LEST.= 39'12'29.16"N (NAD83) �� I Ft FLOW NINE SLEET LIGHT .calvatlo.00m• (COD) CALVADA (225-8232) °� 7EM sEO I • FOUND MONUMENT AS NOTED •--+ STREET LI;HT SMNDAAD roe rvo. z e3 z LONG.=106'5728.7 A"w \ Q • TEIEPNDNE PEDESTAL REA FO M10 SECTION IIOMIYEHT _ .� - 4$ GEOGRAFW LOCAION nP WATER METER DRAWN BY: CHI.:-=APV.:� i I (7M1,2 sl I 1' GAS METER ~ WATER VALVE L JT JAL JAL a O • IR2ICATKM CINAROL VALVE LU LICENSURE: TANS OILIER M v f ONO hREF�Yl(i�1 0 ----I NipR��N1y 0" 0,QR�q./ 186SA7f5 b I I I I 5'tA7� BUILDING m I _J Certificate of Survey SHEET TITLE: O s e C', THIS IS TO CERTIFY THAT 174IS TOPOGRAPHIC MAP AND IMPROVEMENTS ( M =h/ SHOMN ARE CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. w TOPOGRAPHIC L, �. / E_ „$5 BVItD,NG �f� l SURVEY JESUS A. LUGO, PLS 38081 = SHEET NUM8ER: REVISION:--I THIS DOES NOT REPRESENT A MONUMENARA SURVEY. REFERENCE IS MADE TO A COMMITMENT FOR TILE RISURNTCE,NIALBER ACT620M844,69EO BY g> \ GRAPHIC SCALE LAND TITLE pTAPwfAfE COMPANY,Nro NLAVNFG AN FJFECINE DATE OF OCTOBER 3.2012,IM C ,00 SUINEIOR FMS MADE No NAES1VEW OR NIDEPFFLDFNT SEARCH FOR EASEMENTS OF RECORD. ^— 100 0 ENO ,RESW7EINE CO$WV7T5.ORNERSIW IRE EVIDENCE.OR ANY ODER FACI9 TFMT IH GRAPHIC SCALE VII \ ACCURATE NO CIWdENT TIRE SEARCH MAY D6CLOSE.TFE LESSOR$LEGAL DESCRIPTION AND 20 0 10 20 V FEET RECORD WO&WY NE srrora TER F FdR REFEREI�E oKY. L S aunolNC SHEET 1 OF 2 SHEETS 1216 FEET 3 VERTICAL real estate consulting, inc. WINTER X GAMES VIEW LOOKING SOUTH a � rkti. EXISTING CONDITIONS PREPARED BY CHARLES STECKLY ARCHITECTURE INC. Mail Processing Center Aeronautical Study No. Federal Aviation Administration 2012-ANM-2198-OE Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 10/19/2012 John Monday (pm) AT&T Mobility LLC 5601 Legacy Dr., MS: A-3 Plano, TX 75024 "DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE" The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Cell-On-Wheels ASPEN X GAMES COW Location: Aspen, CO Latitude: 39-12-29.16N NAD 83 Longitude: 106-51-28.14W Heights: 7862 feet site elevation (SE) 60 feet above ground level (AGL) 7922 feet above mean sea level(AMSL) This aeronautical study revealed that the temporary structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation,marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. Any height exceeding 60 feet above ground level (7922 feet above mean sea level),will result in a substantial adverse effect and would warrant a Determination of Hazard to Air Navigation. This determination expires on 04/19/2014 unless extended, revised or terminated by the issuing office. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates and heights. Any changes in coordinates and/or heights will void this determination. Any future construction or alteration, including increase to heights, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of a structure. However, this equipment shall not exceed the overall heights as Page 1 of 2 indicated above. Equipment which has a height greater than the studied struL -.:e requires separate notice to the FAA. This determination did not include an evaluation of the permanent structure associated with the use of this temporary structure. If the permanent structure will exceed Title 14 of the Code of Federal Regulations, part 77.9, a separate aeronautical study and FAA determination is required. This determination concerns the effect of this temporary structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30)minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office if the structure is subject to the issuance of a Notice To Airman (NOTAM). If you have any questions, please contact our office at(310) 725-6591. On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2012-ANM-2198-OE Signature Control No: 172002323-175406438 ( TMP ) Tameria Burch Technician Attachment(s) Frequency Data cc: FCC Page 2 of 2 ENGINEERING APPROVALS ���� 2009 INTERNATK)NA BUIDNNG CODE THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THEE DOCUMENTS UCTION _._f' 2011 NATIONAL ELECTRIC CODE AND AUTHORQE THE CONTRACTOR TO PROCEED WITH THE CONSTRUCTION TIA/EA-222-G OR"TEST EDITION WINTER X- A M E BUILDING DEPARTMENT ANDOCUMENTS MAYY IMPOSE CHANGES OR SITE NWFIGT 0115 GENF"RAL NOTES AT&T COMPLIANCE DATE: lee IrnEro&ss oRNE wESr 6UflE 400 THE iACiIfIY IS UNMANNED AND NOT FOR HUMAN AT&T RF ENGINEER: DATE LNGLEWODD,FA BD112 HABITATION.A TECHNICIAN WILL VISIT THE SITE AS AT&T OPERATIO DATE REOURED FOR ROUTINE MAINTENANCE.THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR AT&T PM: DATE EFFECT ON DRAINAGE;NO SANITARY SEWER SERVICE, POTABLE WATER.OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE 6 S ACID:PROPOSED. CONSTRUCTION:ID: DATE' rrE DATE: VERTICAL REAL ESTATE PROJECT DESCRIPTION CONSULTING,INC. 711E PRQIECT CONSISTS OF THE INSTALLATION AND SITE OWNER: DATE OPERATION OF ANTENNAS AND ASSOCIATED EQUIPMENT CABINETS FOR AT&TS WIRELESS TELECOMMUNICATIONS a+^ - NETWORK.TEMPORARY SITE. ,I� ---^' - DRAWING INDEX at&t SHEET SHEET TREE u'N6 SITE INFORMATION ��A_�� 7-1 TITLE SHEET �[r�� 1\J PROPERTY OWNER: 158 INVERNESS j- .., L51 SURVEY(PENDING) AAxus lTURE-Ax TUNING D ADDRESS: SUI RNERNESS WAY SOUTH ARCHITECTURE-PLANNING-DESIO:N SURE 400 SY]5 SUfN IAI1D SWEET.1]XlE]e0 ENGLEWOOD,CO 80112 lrtll[lox,CDIWAW can OPRCL A1N32H74 C-I E%ISDNC&PROPOSED SITE PLAN AK:�ULI]W SITE NAME: WINTER x-GAMES SITE NUMBER: - C-1.1 ENLARGED SITE PLAN&PARKING PLAN PROJECT SITE CONTACT: TBD C-2 ELEVATIONS DxNW+IW Br. - m SITE ADDRESS: 1648 FEDERAL BLVD. CHECI¢D W: EOP DENVER,CO BD204 VICINITY MAP LOCAL MAP COUNTY: PIMIN LATITUDE(HAD 63): 39' 12'28.989'N GLENWOOD LONGITUDE(NAD B3): ICHV S1'28.326' SPRINGS -70 ZONING JURISDICTION: PffKIN COUNTY ZONING DISTRICT: PUB-SPA PARCEL/: 273502309951 OCCUPANCY GROUP: U AT/Oa m CONSTRUCTION TYPE V-B CARBONQLLE RO POWER COMPANY: HOLY CROSS ENERGY FRYING PAN R�D ^ CO RD 12A TELEPHONE COMPANY: CENTURYLWK BASALT CUENT: VERTICAL REAL ESTATE SITE 6 CONSULTING.INC UZ WALKER 133 82 PHONE 303.264.7455 ARCHITECT: CSA SITE 5935 S ZANG ST.,SUITE 280 LITTLETON.CO 80127 ASPEN OFFICE:303.932.9974 • (x}.T E1M k e 1 1 1 1 WINTER %-GAMES COW No SCALE ASPEN,CLUB CIRCLE ASPEN, CO 81611 DRIVING DIRECTIONS DO NOT SCALE DRAWINGS COW i SHeer TI'n F. DRAWINGS ARE TO SCALE AT 24x36 owELT1DNS FROU NEAREST AT&T OFFK;E: SUBCONTRACTOR SHALL VERITY ALL PUNS IM EXISTING DIMENSIONS& g E. CONDITIONS ON THE JOB SITE&SHALL IMMEDIATELY NOTIFY THE _ USE BAR SCALE FOR 11x17 PLOTS TAKE I-70 WEST TOWARD GRAND JCT.TAKE E%If 116 FOR CO-82 ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING n- E TOWARD UENWDOD SPRINGS/ASPEN.TURN RIGHT ONTO CD-52 MTIH THE WORK OR BE RESPONSIBLE FOR SAME TITLE SHEET ¢s CONTACT INFORMATION E.TREE THE 2ND RIGHT ONTO 6TH ST.TAKE ME 1ST RIGHT ONTO 00-82 W/GRAND AVE.CONTINUE TO FOLLOW CO-52 W.TURN ,^ LER ONTO HARMONY AD. TAKE THE 2D RIGHT ONTO CO RD 12A. UNDERGROUND SERVICE ALERT CUEHT: CONSULT REAL ESTATE TAKE ENE 1ST IN P ON TO CLUB CIRCLE.DESTINATION WILL BE 9HeLT NUmeER AA` CONSULTING.INC. ON THE RIGHT IN PARKING EDT. UTILDY NOTFI(800)N CENTER OF COLORADO M (WWW NCC.0R67 u� o WWW.uNCC.oRC T VCONTACT: 30 WALKER 3 WORKING DAYS UTIUIY NOTIFICATION PRIOR FO PHONE: 30].284.7455 TO CONSTRUCTION R Elizabeth Walker From: spendleton @csainet.com Sent: Thursday, October 18, 2012 1:07 PM To: 'Elizabeth Walker' Subject: Winter X Games- pole setback Liz- The closest structure to the pole is over 100' away.Therefore, should the 60 foot high pole fall, it will be clear of any structures. Thank You, Sean Pendleton NCARB, LEED Charles Steckly Architecture 5935 South Zang Street Suite 280 Littleton,CO 80127 O: 303.932.9974 F:303.932.6561 Cell:303.519.4707 spe nd leto nAcsainet.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review,retransmission,dissemination or other use of,or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the email and attached material. 1 Elizabeth Walker From: STOUT, VINCENT J <vs7074 @att.com> Sent: Monday, October 08, 2012 10:29 AM To: Elizabeth Walker; Metz, Corrie; VENANZI, ERIC C Subject: RE: Items needed for Winter X Games Zoning Application The FAA is pending(see below): Expect it to be released soon. The FCC is pending with Terracon. Corrie- Can you provide an update on the Interim ASR process for the temp COW for the Aspen X games? I don't have any info on zoning, not my area of repsonsibility. Study (ASN): 2012-ANM-2198-OE Received Date:08/24/2012 Prior Study: Entered Date: 08/24/2012 Status: Work In Progress Map: View Map Construction Info Structure Summary .Notice Of: CONSTR Structure Type: Cell-On-Wheels Duration: TEMP (Months: 8 Days: 0) Structure Name:ASPEN X GAMES COW Work Schedule: FCC Number: Structure Details Height and Elevation Latitude (NAD 83): 391 12' 29.16" N Proposed Longitude (NAD 83): 1061 51' 28.14" W Site Elevation: 7862 Datum: NAD 83 Structure Height: 60 City: Aspen Total Height (AMSL): 7922 State: CO „ r:, w Frequencies Low Freq High Freq Unit ERP Unit 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W — 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 1 1 17KIN COUNT ASPEN/PITKIN COUNTY AIRPORT 0233 East Airport Road, Suite A Aspen, Colorado 81611 phone(970)920-5384 fax(970)920-5378 www.ospenpitkin.com i i t October 17,2012 Ms.Amy Guthrie City of Aspen 130 S.Galena Street,3`d Floor Aspen,CO 81611 LETTER OF COORDINATION WITH ASPEN/PITKIN COUNTY AIRPORT (SARDY FIELD AIRPORT) RE: Zoning Application for AT&T Temporary Facility at Maroon Creek Golf Course 10 Club Circle,Aspen,CO 81611 Dear Ms. Guthrie: This letter is being submitted to you pursuant to the City of Aspen Land Use Code, Chapter 26.575.130 (D)(7)(a) requiring that AT&T submit documentation of coordination with Sardy Field Airport regarding its proposal to install a temporary wireless facility during the 2012—2013 ski season. On behalf of Aspen/Pitkin County Airport, I acknowledge the following: 1. 1 am the Assistant Aviation Director of Operations and Facilities; 2. AT&T has contacted us regarding its proposal to temporarily install a wireless facility; 3. AT&T has provided preliminary drawings of the temporary facility; 4. Based on initial review there does not appear to be any concern with the installation of this 60 foot structure assuming the FAA Notice of Proposed Construction process is adhered to. 5. AT&T will contact(lie Airport(via email to Dustin.Havel @co.pitkin.co.us)3 days prior to installing the temporary facility and upon its removal. This installation email will include a copy of the FAA's Determination of No Hazard to Air Navigation before the installation will be approved. 6. As has been customary with the Winter X-Games,we expect more structures of similar height will be installed in this vicinity. Sincerel Dustin Havel Assistant Aviation Director of Operations and Facilities VICINITY MAP ffo lly 'QO 82 CO RD 12A SITE m J U NO SCALE LETTER OF AUTHORIZATION TO FILE LAND USE APPROVAL/ZONING APPLICATION/BUILDING PERMIT TO: City of Aspen Community Development Department 130 S.Galena St. Aspen,CO RE: Application for zoning/building permitting As owner of the property described below, I do hereby appoint AT&T and Vertical Real Estate Consulting, Inc., its agents and contractors, as authorized representatives for the purpose of filing and processing any permitting applications for the purpose of constructing a wireless communications site. I understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Authorized Agents: Liz Walker Vertical Real Estate Consulting, Inc. 7436 S. Ivy Way Centennial,CO 80112 O: 303-264-7455 Eric Venanzi Professional-Tech Project Mgmt 4430 Rosewood dr. Bid#3 Pleasanton,CA. 94588 cell/office 510-918-9891 Property Located at: 10 Club Circle Aspen, CO 81611 APN: 273502309951 Maroon Creek,LLLC. �] By: A94_ Its: j Date: '�bk h�-- Site Name: Winter X Games Temporary Site FCC Form 854 Approved by OMD—3060-0139 Main Form See instructions for public burden estimate Application for Antenna Structure Registration Purpose of Filing 1) Enter the application purpose: (NE ) AM—Amendment of a Pending Application NE—Registration of a New Antenna Structure AU—Administrative Update NT—Required Construction/Alteration Notification CA—Cancellation of an Antenna Structure Registration OC—Ownership Change DI—Notification of an Antenna Structure Dismantlement RE—Registration of a Replacement Antenna Structure DU—Request for a Duplicate Antenna Structure Registration WD—Withdrawal of a Pending Application MD—Modification of a Antenna Structure Registration 2a) If the answer to 1 is AU, CA, DI, DU, MD, NT, OC or RE, provide the FCC Antenna Structure FCC ASR Number. Registration(ASR) Number. 2b) If the answer to 1 is AM or WD, provide the File Number of the pending application on file. File Number: A0786125 2c) If the answer to 1 is MD or NT, provide the date the Antenna Structure was constructed or the date it Date: was last altered (mm/dd/yyyy). 2d) If the answer to 1 is DI, provide the date the Antenna Structure was dismantled(mm/dd/yyyy). Date: Antenna Structure Ownership Information 3) Select one of the entity types: ( ) Individual ( ) Unincorporated Association ( )Trust ( )Government Entity ( )Corporation ( X )Limited Liability Company ( )General Partnership ( ) Limited Partnership ( )Consortium ( ) Limited Liability Partnership ( )Other: 4) FCC Registration Number(FRN): 5) Assignor FCC Registration Number(FRN): 0021840798 6) First Name(if individual): MI: Last Name: Suffix: 7) Legal Entity Name(if not an individual): AT&T Mobility Services,LLC 8) Attention To: 9) P.O. Box: And/Or Anisa Latif 10a) Street Address 1: 10b) Street Address 2: 1120 20th Street Suite 1000 11) City: 12) State: 13) Zip Code: Washington DC 20036 14) Telephone Number(xxx-xxx-xxxx): 15) Fax Number: (xxx-xxx-xxxx): (202)457-3068 (202)457-3071 16) E-mail Address: anisa.a.latif @att.com FCC Form 854—Page 1 June 2012 Version 1.1 Contact Representative Information 17) First Name(if individual): MI: Last Name: Suffix: Corrie Metz 18) Business Name: Terracon 19) Attention To: 20) P.O. Box And/Or 21a) Street Address 1: 21 b) Street Address 2: 10625 West 1-70 Frontage Road North Suite 3 22) City: 23) State: 24) Zip Code: Wheat Ride CO 80033 25) Telephone Number(xxx-xxx-xxxx): 26) Fax Number: (xxx-xxx-xxxx): (303)423-3300 (303)423-3353 27) E-mail Address: cametz @terracon.com Antenna Structure Information 28a) Latitude(DD-MM-SS.S): 28b) North or South: 39-12-29.2 North 29a) Longitude(DDD-MM-SS.S): 29b) East or West: 106-51-28.1 West 30) Street Address or Geographic Location: 31) City: 149 Stage Road Aspen 32) County: 33) State: 34) Zip Code: PITKIN COLORADO 81611 35) Elevation of site above mean sea level (meters): 2396.1 meters 36) Overall height above ground level(AGL)of the supporting structure without appurtenances: 18.3 meters 37) Overall height above ground level (AGL)of the antenna structure including all appurtenances: 18,3 meters 38) Overall height above mean sea level (add items 35 and 37 together): 2414.4 meters 39a) Enter the type of structure on which the antenna will be mounted: (MAST ) B—Building NNLTANN—Lattice Tower Array BANT—Building with Antenna on Top NNMTANN—Monopole Array BMAST—Building with Mast PIPE—Any type of Pipe BPIPE—Building with Pipe POLE—Any type of Pole BPOLE—Building with Pole RIG—Oil or Other Type of Rig BRIDG—Bridge SIGN—Any type of Sign or Billboard BTWR—Building with Tower SILO—Any type of Silo GTOWER—Guyed Structure Used For Communication Purposes STACK—Smoke Stack LTOWER—Lattice Tower TANK—Any type of Tank(water,gas, etc.) MAST—Mast TREE—When used as a support for an antenna MTOWER—Monopole UPOLE—Utility Pole/Tower used to provide service NNGTANN—Guyed Tower Array (electric,telephone, etc.) 39b) Number of Towers in Array: 39c) Position of this Tower in the Array: 40a) Array Center Latitude(DD-MM-SS.S): 40b)North or South 41a) Array Center Longitude(DDD-MM-SS.S): 41b) East or West: FCC Form 854—Page 2 June 2012 Version 1.1 Proposed Markin and/or Lighting 42) Enter the proposed marking and/or lighting: ( 1 ) Tier 1 -No Lights Tier 2—No Red Steady Lights Tier 3—Red Steady Lights 1) None 4) FAA Style B(L-856) 7) FAA Style E(L-864/L-865/L-810) 2) Paint Only 5) FAA Style D (L-865) 8) FAA Style F(L-856/L-864/L-810) 3) Other 6) FAA Style C (L-856/L-865) 9) FAA Style A(L-864/L-810) FAA Notification 43) FAA Study Number: 44) Date Issued: Environmental Compliance 45) Does the applicant request a waiver of the Commission's rules for environmental notice prior to ( No ) Yes or No construction due to an emergency situation? 46a) If the answer to 45 is No, is another federal agency taking responsibility for environmental review of ( No ) Yes or No the Antenna Structure? 46b) If the answer to 46a is Yes, indicate why: ( ) 1 or 2 1) The Antenna Structure is on Federal Land and the landholding agency is taking responsibility for the environmental review of the Antenna Structure. 2) Another federal agency has agreed with the FCC in writing to take responsibility for the environmental review of the Antenna Structure. 46c) If the answer to 46a is Yes, provide the name of the federal agency taking responsibility for the Name: environmental review of the Antenna Structure. 47) If the answers to 45 and 46a are No, provide the National Notice Date for the application to be Date: posted on the FCC's website(mm/dd/yyyy). 09/28/2012 48) Is the applicant submitting an environmental assessment? ( No ) Yes or No 49) Does the applicant certify that grant of Authorizations at this location would not have a significant ( ) Yes or No environmental effect pursuant to Section 1.1307 of the FCC's rules? 50) If the answer to 49 is Yes, select the basis for this certification. ( ) 1, 2, 3,4 1) The construction is exempt from environmental notification (other than due to another agency's review) and it does not fall within one of the categories in Section 1.1307(a)or(b)of the FCC's rules? 2) The construction is exempt from environmental notification due to another agency's review, and the other agency has issued a Finding of No Significant Impact. 3) The environmental notification has been completed, and the FCC has notified the applicant that an Environmental Assessment is not required under Section 1.1307(c)or(d)of the FCC's rules, and the Construction does not fall within one of the categories in Section 1.1307(a)or(b)of the FCC's rules. 4) The FCC has issued a Finding of No Significant Impact. 51) If the answer to 50 is 3 or 4, enter the date that Local Notice was provided(mm/dd/yyyy). Date: FCC Form 854— Page 3 June 2012 Version 1.1 Certification Statements 1) The applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith. 2) The applicant certifies that neither the applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. §862, because of a conviction for possession or distribution of a controlled substance. See Section 1.2002(b)of the rules,47 CFR§ 1.2002(b), for the definition of"party to the application"as used in this certification Signature (Typed or Printed Name of Party Authorized to Sign) 52) First Name: MI: Last Name: Suffix: Corrie Metz 53) Title: Project Manager 54) Signature: 55) Date: Corrie Metz Sep 20,2012 WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S.Code,Title 18,Section 1001)AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT(U.S.Code,Title 47,Section 312(a)(1)),AND/OR FORFEITURE(U.S.Code,Title 47,Section 503). FCC Form 854—Page 4 June 2012 Version 1.1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie,429-2758 DATE: 7/17/12 PROJECT: Maroon Creek Club, Temporary Cell Tower APPLICANT: AT&T,Maroon Creek LLC REPRESENTATIVE: Elizabeth Walker,Vertical Real Estate Consulting,303-264-7455, lizAverticalrec.com TYPE OF APPLICATION: Temporary Use DESCRIPTION: The applicant wishes to install a temporary, mobile cell tower for the 2012/2013 ski season (November 2012-April 2013), in a parking area associated with the Maroon Creek Golf Club. A similar tower was in place in 2012 for two weeks, during the duration of the Winter X Games. The previous tower was eligible for a Community Development approval because of the short installation time. Locating the cell tower for longer than 14 days requires review by the Aspen City Council at a public hearing. City Council can approve a temporary use for up to 180 days. If approved, the proposed tower would also require a building permit and an electrical permit. Items required for the building permit include but are not limited to: site plan, survey,HOA approval,and structural information. There are certain concerns with installation of wireless equipment that must be considered whether the antenna is temporary or not. The applicant should reference the Wireless Telecommunication Services Facilities and Equipment regulations and address relevant Application requirements and General Provisions. For instance, because the tower will be near the airport, FAA coordination and a letter of compliance from the Sardy Field Airport Administrator will be required. In addition, it must be demonstrated that the tower is located so that, if it were to fail, there is adequate setback from the highway or surrounding structures. _ x o Land Use Code Section(s) n r'T 26 2012 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses , Review by: Staff for complete application, Council for determination Public Hearing: Yes, City Council Planning Fees: $1,260.00 Deposit for 4 hours of staff time (additional staff time required is billed at$315 per hour) for Council review Referral Fees: 0.00 Total Deposit: $1,260.00 Total Number of Application Copies: 10 for Council review Page 1 of 2 Land Use Code link: http•//www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land use application link: http•//www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%2Oand%2OFees/2011%201and%20use%20apU %20form.pdf To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2"x 11"vicinity map locating the subject parcels within the City of Aspen. 8. Existing and proposed site plan, landscaping plan, and parking plan. 9. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. 14. Applications shall be provided in paper format(number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk(CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. and Use Application with 12. Accurate elevations(in relation to system in the area of the proposed pplicant's name, address and telephone mean sea level)of the lowest floor, subdivision.The contents ofthe plat shall number, contained within a letter signed including basement,of all new or be of sufficient detail to determine by the applicant stating the name,address, substantially improved structures;a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant. which any structure is constructed;a Subdivision GIS Data. demonstration that all new construction or The street address and legal substantial improvements will be 21. A landscape plan showing location, escription of the parcel on which anchored to prevent flotation,collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved;a demonstration A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the arcel on which development is proposed floor,including basement,elevated to at terms of this chapter,and conforms to the to occur,consisting of a current certificate least two(2)feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation,all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado,listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments,liens,easements,contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty(50)percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear(slope)of the parcel. 23 The precise wording of an for the Development Application. All vegetative screening shall be P g y maintained in perpetuity and shall be proposed amendment. An 8 1/2"x 11"vicinity map locating replaced with the same or comparable e subject parcel within the City of material should it die. 0(1")Site Plan or plans drawn to a scale of Aspen. inch equals ten(10')feet or one 14. Site sections drawn by a registered (1") inch equals twenty (20') feet, A site improvement survey including architect, landscape architect, or including before and"after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas,support structures,transmission registered land surveyor, licensed in the top of slope, and pertinent elevations buildings and/or other accessory uses, State of Colorado. (This requirement, or above sea level. access,parking,fences,signs,lighting, any part thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations ofthe uses within one-hundred fifty(150')feet. the project is determined not to warrant a development,including any rooftop Such plans and drawings should survey document.) equipment and how it will be screened. demonstrate compliance with the Review Standards of this Section. A site plan depicting the proposed Ulopment,roposed elevations of the layout and the project's physical including any rooftop Q FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened. tements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan ofthe site showing (FAA) and the Federal Communications A written description of the existing and proposed features which are Commission(FCC). roposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One(1)inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8. Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours,with five-foot to the applicant,commonly known ate on an existing wireless intervals for grades over ten(10)percent. landmarks,and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/interference 9. Proposed elevations ofthe development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10.A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots,blocks and structures in the proposed subdivision.The plat shall 28. Neighborhood block plan at 11. A Plan with the 100-year floodplain be drawn at a scale of one(1)equals one 1"=50' (available from City Engineering line and the high water line. hundred(100)feet or larger.Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36)inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one(1)sheet,an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the 35 Exterior Lighting Plan. Show the houses immediately adjacent to the cation, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique,specification,and/ the block,including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four(24)inches by thirty-six(36) inches with an unencumbered margin of one and one-half(1 1/2)inches on the left hand side of the sheet and a one-half(1/2)inch margin around the other three(3)sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses,densities,natural features,traffic and pedestrian circulation, off-street parking,open space areas, infrastructure improvements,and site drainage. 33. An architectural character plan generally indicating the use,massing, scale,and orientation of the proposed buildings. 34. A written description of the variance being requested. October 25, 2012 VIA FEDERAL EXPRESS Ms. Amy Guthrie City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Maroon Creek Club, Temporary Cell Tower Temporary Wireless Telecommunications Services Facilities and Equipment Application Dear Ms. Guthrie: This is an application for a temporary wireless facility located at the Maroon Creek Club. I submit the following documents and information for review by the City of Aspen Community Development Department and in support of the enclosed application. Total Deposit for Review of Application All fees are enclosed. Pre Application Conference Summary a , Summary is attached. nrT �, s 2012 Land Use Application Application is attached. Street Address and Legal Description Street Address and Legal Description are attached. Disclosure of Ownership Disclosure of ownership including title report is attached. Vicinity Map 81/2"x 11"Vicinity Map is attached. Site Improvement Survey Survey is attached. Site Plans Site Plans are attached. t� Written Description of the Proposal The proposed temporary wireless facility will include: one (1) "Lite-Pole"wireless support structure, one(1)mobile equipment shelter, and one(1)mobile generator. This equipment will be screened and secured by a temporary chain-link fence. All structures will be located in the SW corner of the Maroon Creek Club parking lot. Proposed Elevations and Screening Elevations and proposed temporary fence screening details are provided on the attached site plans. Due to its proximity to existing structures,the proposed location provides the greatest amount of screening. There will be no rooftop equipment. Photo Simulations Photo simulations are attached. FAA and FCC Coordination Statements FAA and FCC coordination statements are attached. Evidence of Collocation Attempts As this is a temporary cellular facility,there are no existing wireless facilities in the vicinity that would accommodate a collocation. Exterior Lighting Plan There is a basic security light on the temporary mobile equipment shelter. No other lighting is proposed. Thank you for your consideration of AT&T's request. Please let me know if you require anything further. My contact information is provided below. Thank You, vl Liz er Real Estate Consulting, Inc 303-264-7455 2 1 P a g e V76502-3oc1'75-1 oa?4. 20(2- A-$LN LA File Edit Record Navigate Form Reports Format Tab Help A i II : Rauk�g Status Fees Fee Summary Maur Actions [Attachments Routing jskory i�aluaGan ArphJEnq Custom Fields `Sub I7ermts {a F r i Permit type aslu Aspen Land Use Permit O074.2O12.ASLU Address 110 CLUB CIR ----- AptlSuite i Cry ASPEN State CO Zip 81611 Permit Information Master permit Routing queue asluQ7 Applied '== '10129(2012 Project,i Status pending Approved 30T Descri tion APPLICATION FOR TEMPORARY LAND USE PERMIT FOR MAROON CREEK CLUB, Issued p TEMPORARY CELL TOWER-WIRELESS COMMUNICATIONS SERVICE FACILITIES AND EQUIPMENT APPLICATION FOR THE WINTER X GAMES. ClasedlFinal [ Submitted LIZ WALKER 303 264 7455 —� Clock ;Running Days Expires 1012412013 Submitted via i Owner i MAROON CREEK LLC First name MAROON CRK CL 10 CLUB CIR �• i Last name — ASPEN CO 81611 Phone (970)9201553 Address Applicant ' 0 Owne[is applicant? n Contractor is applicant? ; Last name AT&T MOBILITY First name 188 INVERNESS DRIVE WEST 400 , Phone (406)600 2327 Cust# 25482 Address ENGLEWOOD CO 80112 Lender z Last name First name Phone O Address { i d (server)„ angel as i 1 �o ' 1 i{ Awv, � 260 4 0 L 32 729