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HomeMy WebLinkAboutcoa.lu.sr.Smuggler Mine.A115-99R "'-",.,. . ,..", . '.:<: : -: . ~ . "', .., : '~ :. ; , ': ' " . . ' ':: ' : :.'. ,:" ; . ' , ' ",,: ;., . , ' 'i;, '., ...., ,',', '. ',',.', '. : :,,' ,', " " " .,:,', ',' ,';,.,.,. '.', , -:"" .::;.".:.."",,,,,,,,,,,,,;,-:,,,,,,.,.. :""'''''''"'., ,." , " :;'=::j~~~1;~;;,;""'j!lic~;~?I^;~!;;t ,," ,', ... ,. :':SA~~:ri~~county Referral '.........'.~~~e~t . ';g~I~~~~~el~~~;~;:'::?~t~,~~~~e;/~~/~~;;6 ""~~~~ ",,', ,,' """, .,.,:~~~~,,~~r/:: ',' ," ,.':::;:~~~:'~'::~~1j;f,> ..' ",', ,...'...1 ,,:i;;':,:I!i:!i::!"'::'~;::~::,~';::'i,l::tl: ::'; ',' ,!,,.~~f ',:,~'(I """'"",.by~;( .' !'it , i:!"f''''''''''l-g'l: """"". ).., "":;."~' ,Je.' ,.' ):~j . ..,' ,,' " '" ' :;~~ij!:~~;li1;;); :~~.!iRK~ c?C{'\~.~v\~> i-R.tun\~d rij'?.//c;'q, "~~S~'~!B~:'~ ',' ":C-, .::\" ,ptA,~'st~~1ir;;c , 'P~AtIBK,P!3i:1 " ;)::',~:\:1;,.':,: :i!~.~, ,,:'~'\:/;~, .' ., ,;.": ,;" ,;", ",,,..'., ," ..' ..' ,,;,::: . .," . .:. '."'. '.:' "::, .:.. .,. '",,:::" 'I, : : "::,; :;,:,,>:"r ,ti :,..:;.,:;';i,::;",::,',:~;,'.;,.,(,}r~~;h:~i;(:::~;:;\~:,,:.:::'!.::: ". ,. .' :"::':::'<;:> >:" , ''-:'''',':''',;" .':;;,.' :::':/<: ':'; .:" ",--,,-~-~_.._._.- -----..-- --..-..---..-.---------............-- """,:.', ""',:'," '::\" ~". ; ',:', ,'.; :ktiMi~ ," ::',r; ';,'>':>;?',:r,':' '." J v' . ......':;w. 1ii:,;':..:::>:: ',', '.:\ ,,,.' ',,' "'::, ':':::" <)6~ d~ hy , C. ;;;"~"-:""-fr .' /-~\J MEMORANDUM TO: Gabe Preston, County Planner FROM: James Lindt, City Planning Technician SL Joyce Ohlson, Deputy Director~ THRU: RE: Smuggler Telecommunications Facility DATE: December 21, 1999 The City Planning Staff reviewed the Smuggler Mine Telecommunications proposal and had the following concerns: 1. Staff believes that the telecommunication poles were entirely too large at 85 feet tall. 2. Staff does not think that the flags are appropriate in this particular setting. If the site plans are to scale the flags would be about 10 feet by 16 feet in size. 3. Staff is also concerned about the historical significance of the proposed property. The site is a historical property and staff believes that the construction ofthese telecomrillmication poles would take away from the aesthetics of the property. 4. The city planning staff strongly urges the county to ask for an alternative proposal which addresses the above concerns and recommends that this initial proposal be found unacceptable. Thank you for the opportunity to provide comment on this County application. I""" - . - USE BY SPECIAL REVIEW APPLICATION - FOR - MULTI-USER TELECOMMUNICATIONS - FACILITY - for - - SMUGGLER MINE A PARCEL OF LAND SITUATED IN THE E1/2 OF SECTION 7 - - - TOWNSHIP 10 SOUTH, RANGE 84 WEST, PITKIN COUNTY I""" - STATE OF COLORADO - APPLICANT: SBA, INC. 2323 Delgany Street Denver, CO 80216 - - , - Sept~mber 21, 1999 - - .... TABLE OF CONTENTS .... 1, INTRODUCTION SECTION I ... 2, VICINITY MAPS SECTION II 3, FACILITY DRAWINGS SECTION III - 4, PHOTOS SECTION IV ,... 5. AUTHORIZATION, AGREEMENTS, AND LEASES SECTION V 6, CONSTRUCTION, OPERATING, AND ACCESS PLANS SECTION VI .... 7, SCENIC OVERLAY SECTION VII - 8, GEOLOGIC HAZARD AREAS SECTION VIII 9, WILDFIRE AREAS SECTION IX .... 10, WILDLIFE AREAS SECTION X .... 11, SBA, INC FINANCIAL AND EXPERIENCE SUMMARY SECTION XI APPENDIX A TITLE OPININION - APPENDIX B FACILITY DESIGN - APPENDIX C SURVEY .... - - .... .... .... .... 2 r*' .... ... ".. ... .... - ... ,... - - - ,... ,... - ,... ,... ,... .... SECTION I INTRODUCTION SBA, Inc, submits this multi-user (co-locatable) telecommunication facility plan for Special Review by Pitkin County, Colorado, SBA, Inc, intends to construct and operate a telecommunications facility consisting of two antennas designed as 85' flagpoles and ground space adequate to occupy four (4) wideband service providers, The site selection of this proposed facility evaluated and took into strong consideration the impact to Pitkin County and the City of Aspen, Several mitigating measures have been implemented in this application, SBA, Inc, believes the use of flagpoles as stealth antennas along with the additional mitigating measures will not "Materially endanger the public health, safety, or welfare"; and will not "substantially injure the value of the adjoining or abutting property", This application and submittal has been prepared in accordance to the Pitkin County Pre-Application Conference Summary conducted between Pitkin County Planner, Tamara Pregl and SBA representative, Dirk A. Schwartz. This application includes and addresses the following Land Use Code Sections requested by Pitkin County, Colorado: 3-60-040 (Scenic Overlay); 3-80-050 (Geologic Hazard Areas); 3-80-070 (Wildfire Areas); 3-80-080 (Wildlife Areas); 3-210 (Special Review). Proposed PCSICellular Facilitv: Smuggler Mine Parcel A parcel of land situated in the East half (1/2) Section 7, T10S, R84W Pitkin County, Colorado Lease area consists of a 25' x 50' area with the two (2) flagpole antennas, The owner of the property on which the above-described Cellular/PCS facility is to be situated is as follows: Wright and Preusch Mining, L TO, a Colorado Corporation 201 N. Mill Street, Suite 106 Aspen, CO 81611 (970) 925-5625 Pitkin County Zonina Classification AFR-10 Agricultural, Forestry, Residential "Approval of this use permitted by Special Review may create a vested property right pursuant to Article 68, Title 24 C.R.S." 3 B I SECTION II TOPOGRAPHY MAP ~ Ii Scale: 1"=2000' I ~ I! I - b ~ tl ~ I ~ [II ~ It Ii Ii - Ii Ii Li Ii ~ II Ii h iii , ~ I ,... .-. ,.... ,... .... ,... I"'" ,- ,... .-. ~ 1"'-. ,... ,... ,.... ,... ,-, ,... ,.... PITKIN COUNTY PLANNING MAP Scale: 1" = 1 ,200' ".," "". \ " "'" ~,::~~ North t 5 "... ~ "'" r"'" "'" "'" ,... ,... r"'" ,... """ "'" ,... "'" "'" ~ r"" "'" - ASPEN VICINITY MAP Scale: 1" = 425' i\ ~ ~ -~ .. \. \':-'- '..., ~""'-'" \) ~:"'::'~" ;/ (\,' --'I ..,--"' r'<' I . \ , \, \1 I' \1 ~ loa 'i~ \~, ) I i' I! P' ' Itkin COunt i I ~ Y 0 spen ce, I -jNorth t 6 r-' "'" ".. - ".. ,...., - ,... r-' "'" ... ... - - - SECTION III SITE MAP - MAP VIEW 8 ELEVATION ".., ~ E06E OF 10' ,- \[ ~E55 NORTH SHEET 1 OF 2 \ \ "'" SCALE. 3/32" 1'-0. \ ... 7 ,.. - SITE MAP - PROFILE VIEW ,... - - ,.... ,... _R-M ~ ,... .... """ FLA6f'OLE (2 OF 2) ~ ~ - NEW R..A6POLE (I OF:2) ~ ffi " ~ ~ ~ ~ i ~ 9 ~ :s w ~ ~ - ,.., - .... NEW" HI6H CB:>AA FENGE ,... ~ b '" ,.., .... o SOUTHWEST ELEVATION SHEET 2 OF 2 SCALE. 1116'. 1'-0' ,.., 8 I Ii Iii I ~ I : I i I ~ In H 6 - I - II Ii - II - " - c i - II - !, I SECTION IV I PHOTOS Fipre 1. Vk1J to tile !loathtllot from Melly Glb..... p"rk Ioat.d belo1o S:munler MiDe. Euept for th. n.gpoleo,lh.1S.K50'teleeo...f.cllltywWbe..IthIll.<<d.llrf.....aJIdllldde.tn>lIIview. . Ii i ,8 I ii I 8 I L Ii In i i i Ii ~ II ~ u i ~ II ~ Photo #2 Figu...1. S...aulerMJlleaadtolllnpp;l.... FlaRpolel.llIehaekaroaDd..illbermlO1'tdaDd~pluedbyl"e nacpo!eutetolluallllowaillllprel. " I D i i ~ II h D ! Ii Ii I Ii I ~ . - {I i ~ " - II Ii i i ~ ! Photo #3 F;'UA 3. View te tke Sovtb..e:ot...d reddea<< lila' overloolu Smllggler Mine. Rotidm.. ....0 u.. i'lqpok "UhaIlAlllericall""g. L/1/ " i i ii B Ii i G 8 Ii Ii i Ii 8 11 ~ Ii r i ~ II ~ I' Photo #4 Flau", 4. V'- 10 Ibe Soul" from 01I1'1'fll1.<<.......... &:halle.do tel miDe ftffice and oII.lb. ArTow depitU ..berelbelelt.o", f..llity Iopropooed. " 18 i Ii I - IJ B .. II a ~ i ~ I II Ii ~ II - I! - II - I ii - Is - II r Photo #5 -J Fl&un ~ holD j/4 wlrll fdfto. o~er ",lIh .d,naali< d..lr;. of ndar .....<< .....uad r..iliIy Dad ..knJI. IIagpole$.. Co......ud...dl'bllPO........,.otlolClle. " 8 ~ a i i ~ II B - /) n i i B d e ii i Ii , Ii I I ~ Il Photo #6 fipn 6. VI... 10 III. Nortl"'''1 of Ao~ fn>m the propoonl bae orlll. nacpol....trn...... Rod Butte it v;.;ble in the badqroll"d. " fi i ~ II Ii Ii B i i 6 i i 8 D B I i , 6 I i " I Photo #7 ~ Flpn 7. View... the ...rtInv..r..... Dow.tow. Alpa!, Colol'llldo tralll tbe b.~ of the prop......t IIaxpoIe ..tenll.U. " ... ~ I SECTION V I MEMORANDOM OF LAND LEASE I"'" Recording requested by and when recorded return to: Tressa Sutton, BTS Leasing Department --- SBA Towers, Inc. One Town Center Road, 3'" FI. Boca Raton, Florida 33486 (800) 487-7483 .-.:. - al. THIS MEMORANDUM OF LAND LEASE (herein "Memorandum") is made this 23 day of 1999, by and between Wright & Preusch Mining, LTD, a Colorado corporation having a principal ffice located at 201 N. MiiI Street, Suite 106, Aspen, Colorado 81611 (herein "Lessor") and SBA TOWE ,INC., a Florida corporation, having a principal office located at One Town Center Road, 3rd Floor, Boca Raton, Florida 33486 (herein "Lessee"). WHEREAS, Lessor and Lessee entered into that certain Land Lease dated 'Z. 6 ~ whereby, Lessor leased to Lessee the land described in Exhibit "A" attached hereto and made a part hereof. All terms used but not defined herein shall have the meaning ascribed to them In the Land Lease. MEMORANDUM OF LAND LEASE ~. .... ~~ - WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice of said Land Lease and all of its terms, covenants and conditions to the same extent as If the same were fully set forth herein. I""' NOW, THEREFORE, for and In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration including the rents reserved and the covenants and conditions more particularly set forth in the Land Lease, Lessor and Lessee do hereby covenant, promise and agree as follows: - - 1. The Land Lease provides in part that Lessor leases to Lessee a certain site ("Site'') located at Smuggler Mine, County of Pitkin, State of Colorado, within the property of or under the control of Lessor which is legally described in Exhibit "AU attached hereto and made a part hereof. - 2. Lessee shall lease the Site from Lessor, together with all easements for ingress, egress and utilities as more particularly (leseribed in the Land Lease, all upon the terms and conditions more particuiarly set forth in the Land Lease for a term of five (5) years, which term is subject to five (5) additional five (5) year extension periods. - 3. The sole purpose of this instrument is to give notice of said Land Lease and all its terms, covenants and conditions to the same extent as If the same were fully set forth herein. The Land Lease contains certain other rights and obligations In favor of Lessor and Lessee which are more fully set forth therein. - ,.... 4. The conditions, covenants and agreements contained In this Instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns for the term of the Land Lease and any extensions thereof. All covenants and agreements of this Land Lease shall run with the land described In Exhibit "A". o ... - ,.. 16 ,- "" IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. .- WITN~SSES: ~ ' 22~ Ii ~ P,'P.t:./t. Sc.A...Mfl.TZ. rt~-c- ~ tJrl-trnr6N6 L' 0uU-llbtN , LESSOR: Wright & Preusch Mining, L TD a Colorado corporation ... BY:~ :~~' ~r Date:~ (ro~MT _, - - - WITNESSES: LESSEE: SBA TOWERS, INC., a Florida corporation .... ,... By: Print: Lawrence M. Weisberg Its: Dir. of Site Admin./Corp. Counsel Date: "" - (CORPORATE SEAL) - r- - - - ......' ,... - 17 ,- - r- - """ - - - - "'" - - 11'- , ,- - ,... - .... - Wright & Preusch Mining, LTD STATE OF~} COUNTY OF P..ft't\} } .ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ~ and In the County afor said, to .J.ake acknowledgments, P1s nally PI'. ared I f I ~r;tlLj,~ . as - of Voll 8-t I.,..If')I\ '^ corporation, to me kn n to be the person desc ed i and who executed / the foregoing instrument and who acknowledged before me that he executed the same in the capacity aforestated. WITN S my hand and official seal in t e County and State last aforesaid the c23 ~ay of 1999. ..::".<':'i:'-,i~.r' Slgn.:Naijie~ I /;~~2~;::W;;''rJ,.G'.. ," ::~~~,~.: "~fro ..:~~,-...~ ,'., :" ,,' :,: '~'., -"..." . ''''1,",;:, . ,Nqtal)!p-ubIiC L ..','" . /)U ~\ \ 0,,, :...,J. :"~'':' if' ',' U.... ,_' : (: .::'j~:.,;< ," 'My ~issi~f.te~r~;p;;:" ' ":~[,IOI.:i.;,ir';.""~" ' 1fitN:'~l.'p:c)i)6 .' , ',.".'.,..1'., ' SBA Towers, Inc. STATE OF FLORIDA } } .55: COUNTY OF PALM BEACH } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Lawrence M. Weisberg, as Director of Site Administration/Corporate Counsel of SBA Towers, Inc., a Florida corporation, to me known to be the person described in and who executed the foregoing Instrument and who acknowledged before me that he executed the same in the capacity aforestated. WITNESS my hand and official seal in the County and State last aforesaid the .1999. day of Sign Name: Print Name: Notary Public My Commission Expires: 18 - ,.... ,"" EXHIBIT "A" Legal Description ) See Survey Appendix "C" - - - "'" ,.... - "" ,_. ... .... - - - - - - 19 - - Ir- I"'" - - r- - """ ~ - """' - ""' ~ ,..." - - ~ I SECTION VI I CONSTRUCTION PLAN Prior to construction, all necessary permits will have been acquired, In addition, the surface owner(s) will have reviewed and acknowledged construction plans. The site will be surveyed and engineered as a 25' x 50' pad/compound area consisting of 2 - (75' - 85') flagpole designed telecommunication towers. The facility will be engineered (Appendix B) and graded to provide adequate drainage throughout the year. Caissons for the two towers will then be drilled and cemented and allowed to cure for '1:.72 hours, Following the adequate curing of the caissons, they will be backfilled and the two flagpoles will then be stacked, Four (4) 10' x 15' slab-on-grade concrete pads will be poured and allowed to cure, Thence, power (110V & 220V) and Telco (T1) Rack will be installed, The electrical setup will include a meter base for each Cellular/PCS provider and the lines will be installed in conduit from the transformer in accordance to County, State, and National Code, Final gradinglleveling of the site, if necessary, will be conducted prior to installing weed block and the washed crushed rock, Finally, a cedar fence (25' x 50') will be installed to provide security to the facility's compound, reduce encroachment of snow and dust, and provide visual mitigation OPERATING PLAN The unmanned facility will be operational 24 hoursl7days a week. Each PCS and/or Cellular provider (4 maximum) will routinely visit the facility monthly, The equipment may be upgraded as cellular technology advances, Furthermore, each provider continuously monitors its equipment at a central location for functionality and each provider equips their radio boxes with alarms for excessive parameter variances and unauthorized entry, The respective provider's technician will follow up an alarm, ACCESS PLAN Access to the telecommunications facility will be from Smuggler road, a public right of way, Thence, upon entry through the locked gate onto the property of Wright and Preusch, access will be north and east on the established, road base improved road approximately 0.25 miles to the facility situated between the Smuggler Mine's Tour road and Watchman's road, Access will be required on an as needed basis (2417); however, routinely the facility will be visited on a monthly basis by the respective provider technicians, 20 ~ ... I SECTION VII r- Scenic Overlay (Pitkin County Land Use Code Section 3-60-040) ,~ ... SBA, Inc, believes the proposed location of its telecommunications facility will not be visible from Highway 82 outside the city limits of Aspen, Within Aspen's city limit's, visibility of the mine is shielded by buildings and overgrowth (trees) along the northern portion of Highway 82 and shielded by Smuggler Mountain along the southern portion of Highway 82, However, in accordance to the pre-application requirements, SBA, Inc, has addressed the criteria for the Directors approval of the facility Review criteria addressed for development within the Scenic Overlay and Ridgeline: ... - 1, If the proposed has utilized existing topography and natural vegetation, such as ridges and hills to screen buildings to the maximum extent possible, ,- ~ The placement of the telecommunications compound will be situated in a manner so that the large cottonwood trees that exist slightly down slope will visually screen proposed cedar-fenced compound. Furthermore, the compound has been strategically placed in a topographic low, which will significantly mitigate its visibility from the nearby residence(s). ... 2, Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the utilization .... of innovative architectural techniques such as earth sheltered design, natural materials and coloring, non-reflectability and clustering of structures on the least visible portions of the facility. ~. ,.... The flagpole antennas will be painted white in order to provide the same appearance of existing existing flagpoles on Smuggler Mountain. The color of the flagpoles can be changed with a RF friendly paint to provide a blending effect during the summer months. The flagpole that is currently at the Mine is planned to be removed. - ,.... 3, Whether the proposed development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and view planes, ;... , Each flagpole has been designed and engineered to a height of 90 feet which is the minimum that will be able to support the installation of three carriers and service the targeted coverage area. 'I'll"- 4, The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot - The proposed facility would be situated near the base of Smuggler Mountain, thus, the breaking of a ridgeline will not occur. ,...,. 21 r- '.... r- '*'" - - r- ,...., ... ... '""' ,... ~ (!'- ... .-, ,... ~. I'"'" 5, Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights-of-way, as identified in Section (8)(1), Although other sites were considered, such as the existing telecom facilty situated near the midway point on Smuggler Mountain and operated by KJAX. SBA, Inc. has elected to apply a stealth application that provides the most visual compatibility with the surrounding area. 6, Whether the proposed development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines, The facility may be visible from downtown Aspen and a portion of Highway 82 that passes through Aspen. However, the proposed location would be the least visible than other potential locations on Smuggler Mountain. 7, Whether the proposed development has been landscaped in accordance with the adopted State Highway 82 corridor landscape guidelines and has preserved natural vegetation, to the maximum extent possible, while using existing vegetation to screen development A landscaping plan shall be submitted by the applicant and approved by the Hearing Officer (ordinance No, 98,53). It is SBA, lnc.'s intent to preserve and re-vegetate as much of the natural vegetation as possible outside the cedar-fenced area. 8, Whether the proposed developments exterior lighting has been designed in such a manner that light sources, such as fagade and landscape lighting, will not be seen from public rights-of-way as identified in Section (8)(1), In addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code Exterior lighting for the facility is not necessary, thus, lighting issues are not applicable. 9, Landforms and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations, However, they may be utilized in conjunction with other site techniques designed into the development plan, These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. The use of existing landforms and vegetation, combined with minor amounts of earth moving and landscaping (cedar, green, or earth tone fence and re- vegetation) should screen the base of the facility during the spring, summer, and fall months. During the winter, the proposed white flag poles should blend in with the snow covered background of Smuggler Mountain. 22 ~ .,... ,""'*' ,,.., - ,- - ".. - - - , , - ,.... ,..., - ... ;- ri"'1 ~, 10, Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, Several mitigating measures have been implemented to avoid the Scenic Viewplane of Highway 82 and the Viewplane of Aspen. a. Moving down from the KAJX telecom facility, compromising RF quality. b. Facility to be located in a low lying area, shielded by topography, trees and vegetation, sacrificing RF quality for aesthetic benefits. c. Use of stealth (flagpole) antennas. d. Cedar fencing to screen facility. e. Re-vegetation of native bushes and grasses to aid in screening the cedar fence. 11, In the case where 1041 hazard areas may be in conflict with preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns, These issues shall be reviewed on a case-by-case basis, A 1041 hazard study has been completed and submitted. The independent study indicates that there should not be any hazard issues to address. 23 ,'-' I SECTION VIII I '~ \;'" ,... GeoloQic Hazard (Pitkin County Land Use Code Section3-BO-050) ~~HURCH & Associates, Inc. ENGINEERS & GEOLOGISTS I"'" - August 19, 1999 i"" ~; SBA, Inc, A TIN: Dirk Schwartz 2323 Delgany Street Denver, CO 80216 - ,... Subject: Geologic Hazards Evaluation, Proposed Cellular Tower Smuggler Mine Aspen, Colorado Job No. 11482 - Dear Mr, Schwartz, ".. i"" As requested, we have performed a geologic hazards evaluation of the subject site and prepared a report to comply with Pitkin County Land Use Regulation Section 3-80-050, Our report is based on published geological information, data developed during the site visit, and conversations with Dirk Schwartz. Dirk Schwartz accompanied us at the site visit. SITE CONDITIONS ... Smuggler mine is located approximately one-mile northeast of the town of Aspen, on the southwest facing slopes of Smuggler, Mountain. The mine has been inactive for many years and only mine tailings and old equipment remains. The proposed tower site is north of the Smuggler Mine Shaft and is not within the tailing piles. There is a slope of 10-15% to the southwest. There is a good cover of grasses and scrub oak on the site. I"'" PROPOSED CONSTRUCTION - A cellular phone tower and equipment building are proposed approximately 120 feet north of Smuggler Mine Shaft along Watchman Road. We understand the cellular phone tower will be approximately 100 feet in height. We anticipate block or mat foundation construction for the tower. The equipment building is proposed as a modular building with light loads. - GEOLOGIC SETfING ... The reference geologic map for the area is the 1971 Ge%2ic MaD of the ASDen Ouadran2/e. Pitkin Conntv. Colorado; U.S. Geol02ica/ Survev. Onad MaD GO-933. The proposed tower site is underlain by a layer of sand and silt containing cobbles and boulders; underlain by sandstone, dolomite, and shale bedrock. The bedrock is part of the Peerless Formation and parting member of the ChafTee Formation. We estimate soil depth at the tower site at 2 to 3 feet. """ DENVER 4501 Wlldsworth Boulevard Wheal Ridge, CO 80033 303.463.9317 Fax: 303.463.9321 CASTLE ROCK 303.660,4358 EVERGREEN 303.616.1455 ,.., I"'" 24 "'" - I"'" Gcologic H.l/.Mds EvaJunlion Job No I t482 Page 2 - GEOLOGICAL HAZARDS - There has been geological hazards of the Aspen Quadrangle in The MaD Showin. Areas or Selected Potential Geolo2'ical Hazards in the Asocn Ouadrauf!le. Pitkin County. Colorado. Bv Bruce Bryant. 1972. The mapping indicates to geologic hazards at the proposed tower site. There are alluvial fan deposits located north of the proposed tower site, which should not present a hazard prior to, during, or after construe\ion, , - No evidence of changes to the site were evident from a geologic point-of-view from the 1972 mapping. No problems assoeiated with avalanehes, landslides, slope creep, or rockfall hazards are foreseen at the site. "'" CONCLUSIONS - There is no evidence of geologic hazards at the site, which would prevent development of the site for the tower and appurtenant facilities, The proposed site is suitable for construction of the proposed tower. The foundation of the tower should designed based on a site specific geotechnical investigation. - LIMITATIONS - This investigation was based on referenced maps and a site visit. Variations in surface and subsurface conditions are always possible. We recommend contacting our office if conditions different than described in this letter are encountered. Ifwe can be of further service in discussing the contents of this report, please call. The engineering geologist for this project is Tim Petz. .- .... , - EOCltrp ... 3 copies sent ... ... ,... - "'" 25 "" .. f I SECTION IX .... WILDFIRE (Pitkin County Land Use Code Section 3-80-070) .... The location of the telecommunications facility proposed by SBA, Inc. is mapped by the Colorado State Forest Service as "Low Hazard". The facility will be constructed on a _ level-graded surface with a five-foot (5') set back of washed/crushed rock provided between the radio box pads and the cedar-fenced compound. The antennas will be adequately grounded to minimize the potential of a wildfire from a lightning strike. The .... re-vegetation around the facility will also be placed and maintained in such a manner to minimize the spread of a wildfire to and from the compound. The area within the compound will be maintained in order to prevent the growth of vegetation. .... .... - .... .. .... - ,... .... .r-' .... .... - 26 .... ,.. .... .... - ... ,... .... ... .... ... ... - ... .... - .... - ... I SECTION X WILDLIFE 3-80.80 The location of the proposed telecommunications facility by SBA, Inc. is situated adjacent to an area on Smuggler Mountain that is mapped as critical elk habitat, elk winter and severe winter range. However, the facility's proposed cedar fencing should prevent intrusion of wildlife into the compound. Furthermore, the small size of the facility 25' x 50' should have a minimal effect on wildlife. The location of the proposed facility was discussed with Jonathan Lowsky, Pitkin County Wildlife BiologisUSpecialist. He stated that due to the close proximity to the city of Aspen, the in place fencing, and the proposed fencing of the compound, wildlife issues would not be a concern to the County. 27 - - ~ - - I SECTION XI I FINANCIAL SUMMARY ISBAIml] - Financial Summary - ... - ... - ... ~ - - - - ... - (millions) $ 70 . Revenues 60 50 40 30 20 10 o 1993 1994 1995 1996 1997 1998 Ranked #52 on theIne. 500 Ranked #165 on the Inc. 500 Ranked #100 Ranked #38 on on the Inc. 5001 the Inc. 500 S. Bernstein named 1996 PCIA Enterprel1eur of the Year. . June 1999 $90 million IPO (symbol SBAC Nasdaq). . February 1999 $175 million senior secured credit facility from Lehman Commercial Paper, Inc. . March 1998 issuance of a $269 million of high yield notes . March 1997 private placement of $30 million . Syndicated credit facility of $55 million . Dunn & Bradstreet #60-630-5316 28 \\'ww.hottowers.com.. .go there! ".. ".. - ... !"" - ".. Approx. Number of Completed Sites ...... ...... ...... ...... ...... ~ ~ ~ ~ ... ~ 00 c::> ~ ... ~ 00 c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::> c::>+ ~ :;' " ~ " " iW ~ .... ,. ~ ~ ~ ~ ~ - iW ~ '" ~ !!. ~ u; ".. 8 "' ".. Z . g - ~~ ~ 1. ~ ;' = - - '" '" Q" 0 . ~ '" '" " " _. '" '" - - '" '" ~ '" '" "" '" " - " '" ~: ... 0<:> '" " " " " _. '" 0 - '" - . c' - '" '" c' '" ~ '" ... '" " ~ -. .., '" N " ". "I: '" '" '" U'> 0 '" '" '" s 0 . = ~ "" ;;;" ;;;' OJ ~ . '" ~ " '" ~ " .. - )> . " " '" '" 0 '" '" "'- 3 '" :- "'- '. " 0 .. . ~ - ... ".. !"" ".. - ... 29 (J) ::+ en o en < en o 't:l 3 en ::J ..... m >< 't:l en :!. en ::J o en -i 0 :E .... .... .... Cll ... N ~ C1\ OQ Q N ~ 0 Q Q Q Q Q Q Q Q :E ~ to Cll ... ...... III ::r \C -. 00 "0 ... to ':>:' N ... \C to.) l. 00 CO ,... to '-'" ... \C OQ - to A - \C 00 ... ... ... , ... ... ... , ... ... ... ~ to N ,. \C 0 " \C 0 ~ ~ n 0 3 '" 0 ". . ~ ... - ... ... 0 0 :r> CO n 5. .Q 11I C c:: w E: . - - 0 o' . (II ::l 5. In - ;". '" ~ " ::::: -.. 'C 'C ;'::'f: :i:;:;j;Uin~:W;'!lWmmHiaiif@@~~i;!m~:~ljjj~!~:;: . '.' ~:",. '!' to ...... \C \C __ ---_ _ -_____ ______ -_ _____ ____ _____1.__ 30 (/) tp )> - - ... - - - ISBAImi] Client List for SBA and Its Subsidiaries 31 - - I APPENDIX A - ,.. - - ... ,.. ... ,.. - - ,.. ... ,.. - ... - ,... ... ~ " ... ... ,... ... ... ... ... ... ... I J J J 1 l SEP 09 '99 01:30PM LAND TITLE ASPEN P.l Land Title Guarantee Company CUSTOMER 018TR18UT10'" Date: 09.:09-1999 Our Order Number: Q380621 Property Addrells: ASPEN. CO 81611 SBA.lNC. 2$01 'l!O(TNGPIBl.D STRllBT 1128 GOLPIlN. co 80401 AtIn: C.AlW1Jl ARNOLD PIlolll>: 303-44:i-1838 Pox: 303-445-8790 Copiel: 1 Sent Via US Po&h11 Service SBA TOWERS. INC, ONE TOWN CBNTIlR RD. 3RD l'LOOR BOCA RATON. PL 33486 Alln: CAPJlN 1JlSS1lR. Copl..: 1 SeIlI Via OS Poslol service ".. SEP 09 '99 01:31PM LAND TITLE ASPEN P.2 I"" Land Title Guarantee Company YOUR CONTACTS Date: Q9-09-1999 Our Order Number: Q380621 . Property Address: ".. ASPEN, CO 81611 - Buyel'~er: . WRIGHT &. PREUSCH MINING; LTD., A COLORADO CORPORATION .... Seller/Owner: I'" < ... . , j J! you have 1/1II1 inqulries or reqalre further assistance, pt_ contact one or the numbers below: For Closing AssIstance: For TItle Amstance: ] Aspen Title Dept. Kathie Bllglish 533 B. HOPKINS H102 ASPBN, CO 81611 J Phone: 970-925-1678 Pax: 970-925-6243 j ESTIMATE OF TITLE FEES ; 1 TBD Q:)Ill1l1itlllent $189.00 Searoh Misc. $200.00 l 1 : : I I , TOTAL $389,00 ; 1 THANK YOU FOR YOUR OIWllRI .... "., .... .... ... ... .... SEP 09 '99 01:31PM LAND TITLE ASPEN Old Republic National Tille Insurance Company ALTA COMMITMENT Our Order No. Q380621 Schedule A Cust. Ref., Property Addnss: ASPEN, CO BUill 1. ElTectlve Dilte: September 02,1999 atS:OO P.M. ... 1. Policy to be Issued. Bnd Proposed Insured: j I J , j J J "TBD" Commttnumt Proposed !nsIlred: WRIGHT & PRBUSCH MINING, LTD., A COLOMDO CORPOMTION 3. The estate or Interest In the'land described Dr referred to In this Commitment and covered herein Is: A PBB SlMPLB 4. Title to the Ate or Interest covered herein Is at the effectlve date bereof vested in: 5. The laud ll!I'erred fA) ill this Commitment Is described as follows: SEBA'M'ACHBD PAGB(S) FOR LEGAL PESCRIPTION P.3 .... SEP 09 '99 01:31PM LAND TITLE ASPEN P.4 ... Out Order No, . Q380621 ... LEGAL DESCRIPTION ".. --- PARCEL 1: ~ ~ ! j j j j J 1 J j l j A PM-CBL OF LAND SITUATED IN THE.BAST 1/2 OF SBCl'ION 1. TOWNSHIP 10 SOUTH, RANGE 84 Wl3S't OF TIm SIXTH PRINCIPAL ME1UDIAN, PlTRlN COUNTY. STATB OF COLORADO MORE PARTIcut.ARI,.Y DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTHEASTBRLY CORNER OF SAID PARCBL. A 5/8 INCH DIAMB'fBR REBAR. WITH AN ALUMINUM CAP 11/2 INCHES IN DIAMBTBR MOUNTED THEREON AND MARKED BANNER INe 20632. THE LINE BETWEEN THE CENTER 1/4 OF SAID SBCl'ION 7 AND CB'NTBR-BAST 1/16 OF SAID SECI'ION 7 IS ASSUMED TO HA VB A BBARING OF S 88 DEGREES 53'34" B AND IS THE BASIS OF BEARINGS FOR THIS DESCRIPTION AND PLAT. WHBNCETHElceNTER 1/4 CORNBROP SAID sEerroN 7 BEARSN 89 DEGREES 13'31" W, 2076,76 PEBT; 1. THEJIlCE! S 34 DEGREES 16'31" E, 999.70 PEET AS MEASURED ALONG THE DBLLA S.-sMTJCJGLER COMPROMISS LINE TO AN ORIGINAL MARKED STONB FOUND IN PUCE, AN ANGLE POINT ON THE DELLA S.-SMUGGLER COMPROMISE LINE; 2. THENCBSS6'DEGRBES36'26" W, 1447,96 FlmT AS MEASUREIl ALONG THE SOUTHBRLY . SIDE UJllB OF SMUGGLER, MS 1656 TO A 5/8 INCH DIAMETER REBAR POUND IN PLACE WITH A 1114 INCH PlAMBTTBR YELLOW PLASTIC CAP MOUNTED THEREON AND MARKBD TRI-CQ, LS 9184, SAID CORNER IS CORNER NUMBER 2 OF SAID SMUGGLER AND IS LOCATED N 34 DEGREas 13'56" W, 10.00 PEET PROM AN ORIGINAL MARKED STONE POUND IN PUCE FOR OORNBR NUMJ3!!R.1 OF MOLLll! GIBSON. MS 4281 AM; 3, THENCBN 34 DBGREES 13'57" W. 640.02 FEET AS MEASURED ALONG THE DELLA s. OOMPROMISS LINE; 4. THENCE N 55 DEGREES 14'43" E, 241.60 FEET AS MBASURED ALONG THE DIVIDING IJNE BBTWESN THE TWO PARcEr.s TO AN ANGLE POINT: S. THENCE N 00 DEGREES 00'56" E, 259.42 FEET AS MEASURED ALONG THE WESTERN BOUNDARY OF THE PRIDE OF ASPEN. MS 7883 AM WHICH WAS EXTENDED SOUTHERLY TO THE SOUTlIWI3STI3RLY CORNER OF SAID PRIDE OF ASPEN, A BUREAU OF LAND MANAGEMENT BRASS CAP MONUMBN'I'. SAID CX>RNER BEING LOCATED ON THE NORTHBRL Y SIDE OF TRUBWORTHY, MS 3740 AM AND ALSO N 76 DEGREES 30'15" E, 22.97 FBBT PROM THE NORTHWBSTBRL Y CORNER, OF TltUBWORTHY, MS 3740 AM WHICH IS AN ORlGINAL MARKED STONl3; 6. ';l'HBNCB N 76 DEGREES 30'51" E, 166.58 FEET AS MEASUlU3P ALONG THE NORTHERLY SIDE LINE OF TRUEWORTHY, MS 3740 AM, SAID POINT BEING N 76 DEGRBBS 30'51" B, 22,97 IlBST PROM AN ORIGINAL MARKED STONE. TO A POINT OF INTBRSBerION OF THE NORTHllRLY SIDE LINE OF SAID TRUBWOR'l'HY WITH THE SOUTHWBSTBRLY BND LINE OF GLBNDALB. MS 6859 WHICH IS S 76 DBGREES 30'S1" E, 19.70 FEET FROM TIm SOoTHBASTBRLY CX>RNER OF THE PRIDE OF ASPEN, MS 7883 AM, AN ORIGINAL MARKJ3)) srONE POUND IN PLACE; 7: THr:lNCB N 33 DBGlUlBSSO'S2" W, 71..49 PEET AS MEASURED ALONG THE SOUTHWESTERLY END LINB OF SAID GLENDALE TO TRB NORTHWBSTBRL Y OORNER OF SAID GLBNDALE, SAID CORNER, AN ORIGINAL MARKED srONE, FOUND IN PLACE, BEING LOCATBD ON THE .... - ... I'"" ... I'"" ... ,... L,2 SEP 09 '99 01:32PM LAND TITLE ASPEN P.5 Our Order No. Q380621 LEGAL DESCRIPTION SOunmRLY SIDB LINE 01" GENERAL JACKSON, MS 3941; 8, THENCE S 56 DEGREES 1!1'40" W, 19.00 FEET AS MEASURED ALONG THE SOUTHERLY SIDB LINE OP SAID GBNBRAL 1ACKSON TO THE SOUTHWESTBRL Y CORNER OF SAID GENERAL 1ACKSON FROM THIS pOINT A MARKED STONE WAS POUND IN 1988 DISTURBED FROM ITS ORIGINAL pOSITION AND LYING ON ITS SIDE; Tms SAME ~NE WAS POUND RESET AT THE DISTURBED LOCATION DURING THIS SURVEY IN 1994. BECAUSE THE STONE WAS KNOWN TO BS DISTURlmD, IT WAS RB1ECTED POll. USE IN TIDS SURVEY. 9. THBNCEN 32 DEGREES 32'3S" W, 107.32 FEET AS MEASURJID ALONG THE SOUTHWl3STBRLY ENP LIJ(B OF SAID GENBRAL JACKSON TO AN ANGLE POINT IN THE DELLA S.-SMUGGLER COMPROMISE LINB, SAID POINT BEING LOCATED ON THE SOUTHWESTBRL Y END LINE OF SAID GBNBRAL JACKSON: 10. THBNCBN 55 DBGRBES42'4S" E, 919,05 FEET AS MBASURED ALONG THE DELLA . S.-sMUOOLBR. COMPROMISE LINE THROUGH THE INTERIOR OF SAID GENERAL JAasDN TO THE NORTHE.6$l'BRLY ANGLE POINT IN THE DELLA S.-SMUGGLER COMPROMISE LINE TO THE pOINT OP BEGINNING, COUNTY OF PITKIN STATE OF COLORADO PAll.CBL2 ... A PARq!!. OF LAND SITUATED IN THE BAST 1/2 OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WBSf OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, MORE PARTlCULARLYDESClUBED AS FOLLOWS: -. - .. r'" ... - ... '" . 'f'" .. BEGINNiNG AT A POINT, BEING THE NORTHWBSTBRL Y CORNER OF SAID PARCEL, A 5/8 INCH DIAMImm REBAR WITH AN ALUMINUM CAP I 1/2 INCHES IN DIAMETER MOUNTED THEREON AND MARIaID BANNER INe 20632. THE UNE BETWHEN THE CENTER 1/4 OF SAID SBC1'lON 7 AND c:ElNTBR-BAST 1/16 OF SAID SECTION 7 IS ASSUMED TO ItA VB A BEARING 01" S 88 DEGREBS 53'34" BAND IS THE BASIS OF BEARINGS FOR THIS DESCRIPTION AND PLAT, WHENCE THE CElTBR.1/4 CORNER OF SAID SEC110N 7 BEARS N 88 DEGREES 53'34" W, 311.35 Fl!BT; i..THBNCB S 88 DBGREES 53'34" B, 658.51 FBET AS MEASURED ALONG THE EAST-WEST 1/4 .LINE TO A POINT OF INTBRSEGrION WITH THE DELLA S.-SMUGGLER COMPROMISE LINE (NO MONUMBNT FOUND IN PLACS HERB); 2. T~ S 34 DEGRBES 46'27" B, 439.96 FEET AS MEASURED ALONG THE DELLA S.-sMUGGLER. COMPROMISE LINE IDENTICAL WITH THE WESTERLY BOUNDARY OF PARCEL E TO THE NORTHWES'I'BRLY CORNBR OF GENERAL JACKSON, MS 3941, A BUREAU OF l.ANJ) MANAGEMENT MONUMENT; 3. THBNCB S 32 DBGRBES 32'3S. E, 102.19 FBIIT AS MBASURED ALONG THE DELLA S.- SMUGGtER COMPROMISE LtNB IDENTICAL WITH THE SOUTHWESTERLY END LINE OF GENERAL JACKSON, MS 3941' TO A POINT OF INTERSBCTION WITH THE WESTERLY SIDE LINB OF THE PRIDBOFASPBN, MS7883: ... ~EP 09 '99 01:32PM LAND TITLE ASPEN P.6 - Our Order No. Q380621 ... ... .. - .... .i - ~ , J J J J l J LEGAL DESCRIPTION 4, THEl'Pl S 00 DEGREES 00'56" W. 254,21 FEET AS MEASURED ALONG THE WESTERLY SIDE LINE 0; THE PRIDE OP ASPEN, MS 7883 TO THE SOUTHWESTBRL Y CORNER OP THE PRIDE OP ASPEN. A BURBAU OP LAND MANAGEMENT MONUMENT. SAID CORNER BEING LOCATED ON THE NORTHERLY SIDE LINE OP TRUEWORTHY. MS 3740 AM AND ALSO N 76 DBGRmlS 30'15" E. 22.97 PSBT PROM THE NORTHWESTBRLY CORNER OF TRUBWORTHY. MS 3740 AM WHICH IS AN ORIGINAL MARKBD .STONE; 5, THENCE S 00 DBGlU3ES OQ'56" W, 259.42 FEET AS MBASUREI> ALONG THE WESTERLY BOUNDAR,Y bp TaB PRIDE OF ASPEN EXTENDED SOUTHERLY TO AN ANGLE POINT; 6. THENCE S 5S DBGREES 14'43" W. 241.60 PEET AS MEASURED ALONG THE DIVIDING LINE sBTWEI!N THE TWO PARCELS TO A POINT OF INTBRSECTI0N WITH THE SOUTHWESTERLY BOUNDARY OF SMUGGLER MINE SUBDIV1SION IDENTICAL WITH THE DELLA S.-SMUGGLml COMPROMISB LINE; 7. THENCEN 34 DEGREES 13'57' W. 1349.76 PEET ASMBASURBD ALONGTHB SOU't~Y BOUNDARY OP SMUGGLER MINB SUBDMSION IDENTICAL WITH THE DELLA S. - SMUG<<.BR COMPROMISE UNE AND ALSO IDENTICAL WITH THE NORTHBt\STBRL Y BOUNDARY OP THE CBNTENNItJ, CONDOMINIUM AND TO THE POINT OP BEGINNING. EXCBPTING THEREFROM PROPERTY CONVEYED BY DEED RECORDED MARCH 22, 1995 IN BOOK 776 AT PAGS 880 UNDER RECEPTION NO. 379928. ~UNTY OF PITKIN. STATE OP COLORADO. .... - - ,.. 1"" ~ 1\ J , j I J J J J ] 1 - . SEP 09 '99 01:33PM LAND TITLE ASPEN P.7 ALTA COMMITMENT (Requirements) Tbe following are the requlreJDelrts to be complied with: Our Order No. Q380621 Payment to or for tIw ac;count of the grantOrs or mortgagors of the full considetation for the estate or lnIerest to be iItsured. Proper illSlnlment(s) creating tIie estate or interest to be iusured must be executed lIllIi duly filed for record, to-wit: 1. CERTIPICA~ OF INCORPORATION OR CERTIFICATE OF GOOD STANDING OF WRIGHT & PRBUSCH MINING, LTD., A COLORADO CORPORATION A COLORADO CORPORATION, ISSUED BY TIm SECRB'l'ARY OF STATE OF COLORADO MUST BE SUBMITTED TO AND APPROVBD BY LAND TITLB GUARANTEE COMPANY. 2. LEASE BY ANP BBTW'BBN WRIGHT & PRBUSCH MINING, LTD., A COLORADO CORPORATION, LESSOR ANP "TBD", LBSSBBAS TO THE SUBJECT PROPERTY. NOTS: SAID DOCUMENT MUST BB EXECUTED BY THE PRESIDENT, VICB-PRESIDENT OR SBCRETAAY OF THE CORPORATION. IF AN ASSISTANT VICE-PRESIDENT OR ASSISTANT SBCRETAAY EXECUTES SAID DOCUMENT, ACORPORATB RESOLUTION MUST BB PROVIDBD TO LAND TITLE GIVING SAID ASSIST ANT AUTHORIZATION. "'" SEP 09 '99 01:33PM LAND TITLE ASPEN P.9 - ALTA COMMITMENT - (Exceptions) Our Order No. Q380621 .... The poUc:y or pRlicies to be lAueel will contaIn exceptions to the fonowlng unless the same are disposed of to the satisfaction of the Company: 1. Rigbts of Glaims ot paI1i\:s in possession DOt shown by the public records. : - 2. Ease...,."r~. or cIaiDu; of casementS, DOt shown by the public records. - 3. Disotepamies, co1lfIicts in h<!undaty lines, sborlllge in BIea, encroachments. and any facts which a correct survey and Inspection of the premises WOllId disclose and which are not shown by the public recoIds. ... 4. Any lien; or right to a lien, for services,labor or material theretofore or hereafter ful'llished, imposed by law lUld not shown by the:public recOrds. 5. . Defecls, 1_ ~a, adverse claims or other mattera, if any, erested, first appearing in the public recoIds or "'" llttaChIng IUb8cqueIlt to the effective date hereof but prior to the date the proposed insured aequires of record for : value the _Ie or illtereBt or lllDrtgage thereon covered by this Commitment. . ..... 6. Taxes and 88l!.."""'t1t8 not yet due or payable and special asse~im""rs not yet certified to the Treasurer's office. \: 7. Any unpai41 taXeS or lSseB$me1)ts Ilgainst said land. .... 8. !.lens for unpaid water and se~ charges, if any. . i"" 9. THE BPPIBCT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECtION, SOIL CONSERVATION O~ OTHER DISTRICT OR INCLUSION IN ANY WATER '" SBRVICBOR STREBT IMPRO~ AREA. . .~ : - 10. WATBRlUGHTSORCIAtMS TO WATER RIGHTS. .... 11. I..BASB TO STEFAN R. ALBOUY, ITS SUCCESSORS AND/OR ASSIGNS, AS EVIDENCED BY MBMORANDUM OF LEASE RECORDED JANUARY 26, 1995 IN BOOK 772 AT PAGE 655. .... 12. RIGHT Of PROPRIETOR OF A VEIN OR. LODE TO EXTRACT AND REMOVE HIS ORE THBRBFIOM SHOULD. THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES .... AS RESmlVJID IN UNITED STATES PATENT RECORDED 1ULY 31, 1885, IN BOOK 28 AT . PAGE I, RE<;ORDED APRIL 8, 1S89 IN BOOK 28 AT PAGE 33, RECORDED NOVEMBER. 17, 1895 IN BOOK 136 AT PAGE 53, RECORDED DECEMBER 22, 19091N BOOK 136 AT - PAGE 365, AND RECORDED MAY 20, 1949 IN BOOK 175 AT PAGB 159 ... 13. RIGHT OP PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE .... THERBFl\OM SHOULD, THE SAME BE FOUND TO PENETRATB OR INTERSBCr THE PREMISES ASIU3SBJ.VSD IN UNITED STATES PATENT RECORDED MAYZO, 1949. IN BOOK 175 AT PAGI3160, RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, RBCORDHDMAY20, .... - .- SEP 09 '99 01:34PM LAND TITLE ASPEN P.10 ... , ... ;".- ~ - - 14, - ,... -- IS. - ... .. ,... 16. - {'...., 17. ... - 1"8, ... A.LTA COMMITMENT (ExceptiOIlS) Our Order No. Q380621 The poney or pllIic:les to be Issued wUl contain exceptions to the following unless the same are disposed of to the satisl'actiml ot the Company: 1949 IN BOOK 175 AT PAGE 167. AND RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 168 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUcrED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBBR.16, 1893, IN BOOK 136 AT PAGE 53, RECORDED NOVEMBER 22. 1910 IN BOOK 136 AT PAC18 373, AND RECORDED MAY 20, 1949 IN BOOK 175 AT PAGE 159 'THE BFFECT OP RIGHTS OF WAY POR ROADS, DITCHES, TUNNELS, DRAINAGB, AND THE RIGHTS OF THE PUBIlC, IF.ANY, TO USE THE SAME, INCLUDING, BUT NOT LIMITED TO: A. SMUGGLBR MOUNTAIN ROAD :::: = It. COWBNHOVEN TUNNEL PERPBTUo\L RIGHT OF WAY AND EASEMENT TO EXTEND OF DRlVB LEVBLS OR TUNNELS THROuClk THE SUBJBCT PROPBRTY AS SET FORTH AND RBSBRVED IN DBED RECORDED MARCH 30. 1895 IN BOOK 131 AT PAGE 425. EA.SEME!IT POll. SMUGGLER MOUNTAIN TUNNEL AND TUNNEL SITE AS SET FORTH IN INSTRUMBNT RECORDED JULY 9, 1889 IN BOOK 68 AT PAGE 404. EASEME!lT AS GRANTED TO I,H. DBVBREUX, BT AL, FOR ROAD PURPOSES IN INS'l'RuMBNT RECORDED MAY 22, 1888 IN BOOK 33 AT PAGE 128. ,... 19. EASBMElST AS GRANTED TO STANDARD MINING CO. OF KANSAS CITY POll. TUNNEL PURPOS IN IN'STR.UMl3NT RECORDED SEPTEMBER 3, 1889 IN BOOK. 68 AT PAGE 570. ~ 20. , ,... ~ ,21. ... - EASBMBlCTS AS GRANTED TO COWBNHOVBN MINING AND TRANSPORTATION AND DRAINAGE TUNNEL COMPANY FOR. TUNNEL PURl'OSES IN INSTRUMENTS RECORDED FEBRUARY 24, 1891 IN BOOK 80 AT l'AGBS80AND RBCORDED APRlL2O, 1891 IN BOOK 92 AT PAGE 66.' '. TERMS. CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDiD AUGUST 30, 1988 IN BOOK 572 AT PAGE 70, RECORDBD AUGUST 30, 1988 IN BOOK. 572 AT PAGE 72. ... SEP 09 '99 01:34PM LAND TITLE ASPEN P.l1 ,., ALTA COMMITMENT - ,.. ".. (Exceptions) Our Order No. 'Q380621 The policy or poIlcla to be Issued will contain exceptlODS to the foJlowlng unless the Sllme are disposed of to the 6adsfacdilll of the Colnpaay: 22.. TERMS, ~NDITIONS, PROVISIONS, OBLIGATIONS AND BASEMENTS AS CONTAINED IN ~mJENTS RBCORDBD 1ANUARY 25, 1985 IN BOOK'480 AT PAGE 494 AND RECORDBD APRIL 1.. 1986 IN BOOK SOS AT PAGE 312. 23. EASBMfl)IT AND RIGHT OF WAY FOR OVERHEAD UTILITY LINES AS CONSTRUCTED AND IN PLACE Aim 30.00 POOT PRESCRIPTIVE EASEMENT AS SET FORTH ON THE SURVEY PREPARED BYBANNBRASSOClATBS, INC., DATED JULY 27,1994, ~ 24. ~ AND AU.. PROPRmTARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF THE sumcr PROPERTY LYING OUTSIDE OF THE PENCE ALONG THE SOUTHWESTERLY BOUNPARY OP SUBIBCT PROPERTY AS SET FORTH ON THE SURVEY PREPARED BY BANNER ASSOCIATES. INC.. DATBD JULY 27, 1994. ,... J . I ] ! ) 27. J ] 28. ~ J j 25. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN ORDINANCE NO. 94-15 RECORDBD JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND RESOLUTIOlj' NO. 94.no RECORDED SEPTBMBER 9, 1994 IN BOOK 760 AT PAGE 909. 26, TERMS. CONDITIONS, PROVISIONS. OBLIGATIONS AND EPPBCI'S OF PARTIAL CONSENT DECREE RECORDED MAY 11. 1994 IN BOOK 750 AT PAGE 227, AND ANY. AND ALL UNRBCORDED INSTRUMENTS PERTAINING TO CASE IN THE UNITED STATES DIS'l'RICT COURT FOR. THE DISTRICT OP COLORADO ENTITLED THE UNITED STATES OF AMERICA (PLAINTIPP) VS. SMUGGLER-DURANT MINING CORPORATION, BT AL, (DEFENDANTS), AND THB STATE OP COLORADO (pLAINTIFF) VS. MAXXAM, INC., ET AL. (DEFENDANTS), ClVIL ACTION NUMBERS 89-C-1802 AND 92-C-620. NOTE: ITEMS NUMBERED 8 THROUGH 23 EFFBCI' PARCEL 1. RIGHT 01' PROPRIETOR. OP A VEIN OR LODE TO EXTRAeI' AND REMOVE HIS ORE THEREPllOM SHOuLo THE SAME BB FOUND TO PENETRATE OR. INTERSECT THE PREMISES AS lUlSBaVED IN'lJNlTBD STATES PATEN'l' RECORDED DECEMBER 22, 1909, IN BOOK 136 AT PAGa ~ti5,'1fBCORDED MAY 20, 1949 IN BOOK 175 AT PAGE 162, AND RECORDBD DBCEMBER 24, 1902 IN BOOK 55 AT PAGE 116 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THB AUTHORITY OF THE UNITED STATES AS lUlSBRVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1910, IN BOOK 136 AT PAGE 373, AND RECORDED DECBMBBP. 24. 1902 IN BOOK S5 AT PAGB 116 . ... SEP 09 '99 01:35PM LAND TITLE ASPEN P.12 ,... ALTA COMMITMENT ... (Exceptions) Our Order No. Q380621 ... The policy or pllIiclei to be Issued will contam exceptiODS to the following unless the Same are disposed of to the sa~oD ot ihe Company: ... ,.... . 29. rnB ~Jll.."T OF RIGH'I'S OP WAY FOR ROADS, DITCHBS, TUNNELS, DRAINAGE AND THE , RIGHTS I)F THE PUBUC;:, IF ANY, TO USE TIn! SAMB, INCLUDING, BUT NOT LIMITED TO: A. THB SALVATION DITCH ... ,... 30, PERPETUAL RIGHT OF WAY AND EASEMENTS TO EXTEND OR PRNE LEVELS OR TUNNELS THROUGH THE SUBJECI' PROPBRTY AS SET FORTH AND RESERVED IN DEED RECORDED MARCH 30, 1895 IN BOOK 131 AT PAGE 425, ... 3]. EASBMalT FOR SMUGGLER MOUNTAIN TUNNEL AND TUNNEL siTE AS SET FORTH IN INSTRUMENT RECORDED JULY 9, 1889 IN BOOK 68 AT PAGE 404, ... 32, TERMS, CXlNDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDIlD AUGUST 3D, 1988 IN BOOK 572 AT PAGE 70 AND RECORDED AUGUST 30, 1988 IN BOOK 572 AT PAGE 72. 33. TERMS, CONDITIONS, PROVISIONS, OBUGATIONS AND EASEMENTS AS CONTAINED IN INSTRUMENTS RECORDED lANUARY 25, 1985 IN BOOK 480 AT PAGE 494 AND RECORDED APRIL 2, 1986 IN BOOK 508 AT PAGE 312. ... 34. BASEMBNT AND RIGHT OF WAY FOR OVERHBAD UTILITY UNES AS CONSTRUCTED AND IN PIACBAS SET FOR.TH ON THE SURVEY PREPARED BY BANNBR ASSOCIATES, INC., DATED ruLY27, 1994, , . 35. TERMS. O)NDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS REcoRDED APRIL 24, 1974 IN BOOK 268 AT PAGE 41S, RECORDED NOVllMIlSa 14, 1988 IN BOOKS7S AT PAClE453, RECORDED NOVEMBER 17,1988 IN BOOK 578 AT l'AGB 774, RECORDED MAY 25, 1989 IN BOOK 593 AT PAGE 352, AND RB-RECORDBD MAY 26, 1989 IN BOOK 593 AT PAGE 429, AND ROADS AS CONSTRUCfED AND IN PLACE, ALL AS SET FORTH ON THE SURVEY PREPARED BY BANmlR ASSOCIATES, INC., DATED JULY 27, 1994, 36. 'TERMS, CONDITIONS, PROVISIONS. OBUGATIONS AND RESTRICI'IONS AS CONTAINED IN ORDINAl'{CENO. 9H5 RBCORDED JUNE 27, 1994 IN BOOK: 754 AT PAGE 194, AND RESOLUTION NO. 94-110 RECORDED SEPTBMBER 9. 1994 IN BOOK 760 AT PAGB 909. ... .,..., ,... SEP 09 '99 01:35PM LAND TITLE ASPEN P.13 ALT A COMMITMENT (Excepdons) Our Order No. Q380621 ~ The pollq or policies to be Issued will ~talll exceptions to the fOllowing unless the same are dispD6ed of to the saUst*tlon or the Compauy: . - - ,... 37. TERMS.. CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF PARTIAL CONSENT DBCIUlB RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 227, AND ANY AND ALL UNREd:>RDED INSTR.UMENTS PBR.TAINlNG TO CASB IN THE UNITED STATES DISTRICT COURT FOR TIm DISTRICT OF COLORADO ENTITLED THE UNITED STATES OF AMBRICA (PLAINTIPP) VS. SMUGGLBR..DURANT MINING CORPORATION, ET AL. (DBFBNDANTS), AND TIm sTATE OF COLoRAPO (PLAINTIFF) VS. MAXXAM, INC" BT AL. (DBPBNDANTS), CIVIL ACTION NUMBERS 89-c.1802 AND 92-0.620, ,. 38. TERMS, CONDl'l'IONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN MEMORANDUM OF OPTION JE'l'WEEN WRIGHT & l'RBUSCH MINING, LTD., A COLORADO CORPORATION AND WILLiAMs RANCH JOINT VENTURE. A COLORADO GENERAL PARTNERSHIP, RECORDED ... JANUARY 26. 1995 IN !iOOK 772 AT PAGE 673. - 39. - . - - 40. - ~, 43, 1 NOTE: IT'BMS NUMBERED 24 THROUGH 36 EFFECT PARCEL 2, TIm TElRMS, CONDITIONS AND OBLIGATIONS OF THAT CERTAIN UNDBRGROUND MINING LEASE MADE BETWEEN SMUGGLER..DURANT MINING CORPORATION, AS LESSOR, AND , STEPANIl, ALBOUY, AS LBSSBE. MADE IN OR. ABOUT 1979 AND ANY AND ALL AMEMDMBNTS THERETO WHETHER WRITTEN OR ORAL WHENEVER MAPE. WITHOUT LIMIT~TlONS. TERMS. .l\.GlWBMBNTS. PROVISIONS, CONDITIONS AND OBLIGATIONS OF BASAEMBNT AGRBEMllNT RECORDED MARCH IS, 1995 IN BOOK 776 AT pAGE 301 UNDER RECBPTION NO, 379742. 41. TERMS, I\GRl3BMBNTS, PROVISIONS, roNDITIONS AND OBUGATIONS OF BASEMENT A~T IUlCORDBD FBBRUARY 22, 1999 UNDER RECEPTION NO. 390141. 42, TERMS, AGREBMBNTS, PROVISIONS. roNDmoNs, AND OBLIGATIONS OF HOLY CROSS BLBCTR.lC ASSOCrATION UNDERGROUND RlGHT OF WAY EASEMENT IUlCORDED MAY 16, . 1997 UNDERRBCSPTJONNO. 404531. . TERMS, AGREBMIlNTS, PROVISIONS, roNDmONS. AND OBLIGATIONS OF TRENCH, CONDUIT, AND V AU1.T A.GflBEMENT RECORDED MAY 19, 1998 UNDER RBCBPTION NO, 404567. ,.. SEP 09 '99 01:35PM LAND TITLE ASPEN P.14 "... L ALTA COMMITMENT - (ExceptIons) Our Order No. Q380621 .... The poIlq or policies III be Issued will concaln exceptions III the following unless the same are disposed of to the satistadlon of the Company: ~ 44. - - 45. ,.. ANY AND ALL BASBMBNTS, RIGHTS OF WAY, AND PLAT NOTES AS SHOWN ON THE PLAT OF SMUOOLBR MINE SUBDIVISION RECORDED MARCH IS, 1995 IN PLAT BOOK 36 AT PAGE 77. TERMS, AGRSEMENTS, PROVISIONS, CONDITIONS, AND OBLrGATIONS OF SMUGGLER MINE sutlQMSION IMPROVEMENTS AGREEMENT RECORDED MARCH 1.5, 1995 IN BOOK 775 AT PAGB307. ".., 46. TBRMS, CONDITIONS, PR.OVISIONS AND OBU~TJONS CONTAINED IN ORDINANCE NO. 07, SBR.IBS OF 1994, RECORDED MARCH IS, 1995 IN BOOK 776 AT PAGE 299, AND THE IWJBMBNT AGRl3BMBNT RECORDED MARCH IS, 1995 IN SooK 776 AT PAGE 301. ,.... -, ~ j I J !- , SEP 09 '99 01:35PM LAND TITLE ASPEN P.1S ".. , LAND TITLE GUARANTEE COMPANY -. ~ DISCLOSURE STATEMENT Required by C,R.S. 10-11-122 .... A) The subject real pzoperty may be located in a speclallllxing district. ~ B) A Certificate of Taxes Due listiog each taxing jurisdiction may be obtained from the County Treasurer's autborir.ed agent. .. C) The information regarding special districts and the bolllldaries of such districts may be obtaWed !tom tho Board of Counly Commissioners, the County Clerk and Recorder. or the County AsseSsor. ,,.. - Bfl!ctive Scplelllber 1, 1997. CRS 30,;10-406 requ!re$ that aU docwnenls received for recording or filing in the deli: and recorder's office shall contain a lop margin of alnt ow: inch and a left, right alld bottom margin of al.lease one half of an inch: The clerk and recorder may refuse 10 record or file any document thai does llQI conform, except that, the rcqllircment for the lop margin shaUllQI apply to do~UlUClltS using forms on which space is provided fur recording or filing information althe lop margin of the document. (--" J J J I ...