HomeMy WebLinkAbout830773.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A TELECOMMUNICATION
TOWER AND FACILITY - MCI TELECOMMUNICATIONS CORPORATION
WHEREAS, the Board of County Commissioners of Weld County ,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter , is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public
hearing on the 24th day of August, 1983 , at the hour of 2 : 00
o' clock p.m. in the Chambers of the Board for the purpose of
hearing the application of MCI Telecommunications Corporation,
c/o Phil B. Mazur, 1931 Lakewood Drive, Loveland, Colorado 80537 ,
for a Use by Special Review for a telecommunication tower and
facility on the following described real estate, to-wit :
Part of the S2, Section 31 , Township 5 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado.
WHEREAS , Section 24. 4. 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County Plan-
ning Commission and all of the exhibits and evidence presented
in this matter, and having been fully informed, finds that:
1. The submitted materials are in compliance with the
application requirements of Section 24 . 7 of the Weld
County Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 . 4 .2 of the Weld County Zoning Ordinance as follows :
a . The proposal is consistent with the Comprehensive
Plan and is consistent with the intent of the
Agricultural Zone District in that the use does
not constitute an interference with agricultural
activities . The use is both compatible with ex-
isting agricultural activity and land use which
is contemplated to be agricultural in the Compre-
hensive Plan.
b. No overlay districts affect the site . Operation
and design standards provide adequate protection
of the health, safety and welfare of the neigh-
borhood and the County.
c. The proposal is allowed as a Use by Special Review
in the "A" (Agricultural) Zone District.
LHR 2197 eJo
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ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS:
DOCKET # ;'-= V(% - r?...ecZ..'..:
DOCKET # i.) ) - _ AI e-r
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PLEASE write or print legibly your narne, address and the DOC # (as
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING AT'.ENDI::G•
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld
County Zoning Ordinance, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado ,
Weld County Centennial Center., 915 10th Street, Greeley, Colorado,
at the time specified. All persons in any manner interested in the
Use By Special Review are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the Weld
County Planning Commission may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 83-52 APPLICANT
MCI Telecommunications Corporation
c/o Phil Mazur
1931 Lakewood Drive
Loveland , CO 80537
DATE: August 24 , 1983
TIME: 2 : 00 P .M.
REQUEST: Use By Special Review - Telecommunication tower and facility
LEGAL DESCRIPTION
Part of the S1, Section 31, T5N, R64W of the 6th P.M. , Weld
County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY : MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY : Mary Reiff, Deputy
DATED: August 10 , 1983
PUBLISHED: August 11, 1983 in the LaSalle Leader
LHR 2197
Affidavit of Publication
STATE OF COLORADO,
as.
County of Weld, 3
f ./'I_
r. �'L,4_ / /)/?.2.2- --P---1 of
said County of Weld. being duly'awd(n, soy that,.
1 am blisher o(, ,p•. r �// �N v.-2/(1-'2 E ✓ p(rr/ '
.. NOTICE dat t e same is a weekly newspaper of general
PundMOVNIN circulation,;Mk-pruned and published in the
law ISMS laws et me
Sin
MN.the Weld town of i fk Lt≤(/G `, i
AIWA*
MS se -e•n la UN Cram- in said county and store ihct the notice cr adver-
tisement.
,mod M ry of which the annexed is a true copy.
0 EMN
ll 1�Mrwary 411reaalal has been published to said weer!y newspaper
lertAlelet ire Me.NrRa ARed Y, for _consecutive
Ed
NIN{-seaew7did1}Yred MI
weeks: that thr notice was published in the
'Ee 1000 1.1.Review are regular and entire issue of every number of said
» and ad maybe newspaper dunnq the penod and time of pubs•
herd..
cation of said notice and in the newspaper
Iii
NM lmaps aT MAO CtifiedKKNOWN try the Weld hat the text proper and not in a suPpie vent thereof, 'hat the
Eiwityidialifitne Cemm)SNeo may first publication of said notice was contained in
g Nemin$d.Ie SM Once et the the issue of said ewapaper beating date. the
91M ss NN Semi_Pt Canny vl
C�unr�*1 AYI,WSW M We WoW day of AL e'er_, A.D.. 19.4
CO�e�Immnty COMMON COMM,NS Nth and the last publication<.:ere:f, in the issue at
Anet,Third Pleat,Greeley,Colo-
reds. said-newspaper bearing date the /i day al
. Mann NO.Sif! APPLICANT (..?-4<-2_ - 19 2-1that the said
MCI Telee malumpryans1/4_Corporation `/ '/ /'2
do PM Mawr
J
IWILeaadCON pub
lished continuously and uninterrupt-
LewlNd,ed rive
Drive
DATE: Mawr a Ina edly during the period of ct least fifty-two con-
7E: ]:SO P.M. - -
secutrve weeks nest R NEST:INe Oy smug mt.'.mt.'. prior to the first issue thereof
aa elecatmmuelutlon-fewer and containing seta notice or advertisement above
LL referred w
to; and that said newspaper as at the
Pier St.tali�DESCRIPTION Sys. Section 31, TIN, time of each of the publications of said notice lflte ROW
es Ph P.M:,Weld County, duly qualified for that purpose within the mean-
Coleridginq of an act, entitled, "An Act Corcerninq Legal
SOARD OF COUNTY Notices, Advertisements and Publications, and
COMMISSIONERS the Foes of Printers and Publishers thereof, and
-WELD COUNTY,COLORADO
MARY ANN to Repeal all Acts and Parts of Acts in Conflict
CEWYTV CLERK AND with the Provisions at this Act." approved April 7,
RECORDER ANDCLERK 1921, and all amendments thereof, and porticu.
70TH*WARD larly as amended b an act March ,BY:Mary Relit,Deputy Y approved, "C.
DATED: August It Ins 1923, andytL act approved May la"1931.
MN Pshed IS the La Sae Leader \ r/
Thursday,August II, 1N]. J _ {
Pubs' or
Subscribed end sworn to before me this ..-:L_....
1 / it
My commission expires ._:_t__. .__l.-^
Notary Public
SJZABETN MASSEY
22019 'W.GRD. 54
GREELEy, CO $0631
/ ;
Affidavit of publication
S'L'ATE OF COLORADO )
Is
COUNTY// Of',f WELD )
_ Veal—,J_16e-L, being
duly sworn, says that he/she Is
publisher of the Plane Valley
VOICE, a weekly newspaper NOTICE
published and printed in Kersey Purcont to the mnwp laws of Me
`n said County and State; that Etoy of Cede sed *�aMWcNMt
said newspaper has a scrimrt� T CMm-
general
circulation in said County and ban NM '-
has been continuously and unin- mbA6MA N n1M, Cele-
redo,KW C a Cen-
terruptedly published therein, ; *Mt'
.ter, 915 LOW ', A
during a period of at least Coloreds,el Ma
fifty-two consecutive weeks penwnshila itilkM r rw►n Ill
"'-
prior to the first publication of quested u U "'--ad isIni hi
erd. m axeni en may be
the annexed notice; that said hard.
newspaper Is a nawspap. r with-
in the meaning of the act of the RE IS ALSO KNOWN Mat the mat
General ral As,eInbly of the tate and maps so cornet blI Ma Wild
of Colorado entitled 4r Act to County Mwp Commission May
loo oaemMdd in Me elks of the
regulate the printing of legal Clary to the Saari if County
notices and advertisements,- Cemmimwaars,mcotod In the Weld
and amendments thereto that timely GgManwl Center, IOM
the notice of which the annexed Street, 'third Neer, Greeley, Wri-
tS a printed copy taken from DOCKET NO,13-52 APPLICANT
said newspaper, was published
In said newspaper, and in the MCI. Tilecemmenieationa
•
CM srotion
eder
regular and entir e issue of N Maier a Mill
every number thereof, once a 1931 Laksnaed Drive
Le Ian+,CO.13Sl7
DATE' A'tt ust 24, 1993
week for —o --fie successive TIME, 2 Pat
BEMUSE .Use b f►aewl balai—
weeks; that said notice was su Tewsemmunlco n tower and %-
published in said newspaper any m
proper and not III any stipple- LEO AI DFSC 1I , S
merit thereof, and that the first Port of Am SW, imo0ntt 31, TIN,
R69W of the 6M P.M.,Weld Cent!,
publication of said notice as Colorado r A 0 jig)UNIX
aforesaid, was or'i the — - — W T,CO RADO
AV- .[ Sy MARY ANN PEUERSTEIN
day of — us1--, 193 CO C AMD KCORDEE.
'TO THE BOARD
and the last on the --- day of Sy.Mary Reiff,Deputy
DATED' Auduer 10, 19,E
PUSCISNLSS aet 11,1913 In Mt
'Le SOlle LOW
Plinth N the Mato Valley
�J/'1 vy ICE,Ifimpy,Cewnde,Thursday,
� I. 1rdO r August f11. 17,s
��1. DM 2197
Subscribed and sworn to before
an Oa •.•. 1t,••1,
774.217\r—'
3 -_ 1Fri .'t. ;7_ F^y :_^,O.
, ,.......n y i ,r 1/.-iJ
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date August 2, 1983 Case No. USR # 568:83:31 _—
APPLICATION OF MCI Telecommunications Corporation
/C' �h,/fla LCir /93/ Learn.'.'. ' rr, C..u 'einnJ C .
ADDRESS Fred L. Witsell, P.C. , Attorneys at Law, 900 Public Service Company Building,
900 15th Street, Denver, Colorado 80202
Moved by Bill MeMurray that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application for
a Communication Tower and Facility located on the following described
property in Weld County, Colorado, to-wit:
Part of the 5' SA, Section "Mr, T5N, R64W of the 6th P.M. , Weld County,
Colorado
be recommended (favorably) (I aWain$0 to the Board of County
Commissioners for the following reasons:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance with Section 24.3.1.1 of the Weld '
County Zoning Ordinance as follows: O D .
- The proposal is consistent with the Comprehensive Plan and is F G) , {
consistent with the intent of the Agricultural Zone District n
in that the use does not constitute an interference with
agricultural activities. The use is both compatible with n
r CO
existing agricultural activity and land use which is contem-.
plated to be agricultural in the Comprehensive Plan; r
L . .
Motion seconded by Jack Holman
Vote:
For Passage Doug Graff Against Passage
Paulette Weaver
—
James Docheff
Sharon Linhart --
Bill McMurray
Jack Nnlman -- —
Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be
forwarded with the file of this case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , Recording Secretary of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado,
adopted on August 2 1981 and recorded in Book No._ VIII of the
proceedings of the said Planning Commission.
Dated the 3rd day of August — , X9$3—•
c\ooa -
Secretary
USR-568:83:31
MCI Telecommunication Corporation
A Use by Special Review Permit for a Telecommunication Tower and Facility
Part of the S1, Section 31, T5N, R64W of the 6th P.M. , Weld County, Colorado
August 2, 1983
Page 2
- No overlay districts affect the site. Operation and design
standards provide adequate protection of the health, safety
and welfare of the neighborhood and the County;
- The proposal is allowed as a Use by Special Review in the "A"
(Agricultural) Zone District;
- The town of Kersey reviewed this proposal and had no objections;
- In a letter dated July 14, 1983, the Weld County Health Depart-
ment stated no objections to the proposed septic system;
- The facility will have adequate access from Weld County Road
49.
The following conditions are felt necessary for approval of the proposal:
- The attached standards for Use by Special Review be adopted;
- The plat for the Use by Special Review Permit be placed on
record by the Department of Planning Servcies staff prior to
any building permits being issued on the site.
RA:rg
Date: AL .st 2, 1983
CASE NUMBER: USR-568:83:31
NAME: MCI Telecommunication Corporation
REQUEST: A Use by Special Review Permit for a Telecommunication Tower and Facility
LEGAL DESCRIPTION:, Part of the S1, Section 31, T5N, R64W of the 6th P.M.
LOCATION: Approximately 2 miles southwest of Kersey; east of Weld County Road 49
and south of Weld County Road 52
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
approved FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff that
the applicant has shown compliance with Section 24.3.1.1 of the
Weld County Zoning Ordinance as follows:
- The proposal is consistent with the Comprehensive Plan. and is
consistent with the intent of the Agricultural Zone District
in that the use does not constitute an interference with
agricultural activities. The use is both compatible with
existing agricultural activity and land use which is contemplated
to be agricultural in the Comprehensive Plan;
No overlay districts affect the site. Operation and design
standards provide adequate protection of the health, safety
and welfare of the neighborhood and the County;
- The proposal is allowed as a Use by Special Review in the "A"
(Agricultural) Zone District;
- The town of Kersey reviewed this proposal and had no objections;
- In a letter dated July 14, 1983, the Weld County Health Depart-
ment stated no objections to the proposed septic system;
- The facility will have adequate access from Weld County Road
49.
The following conditions are felt necessary for approval -of the proposal:
- The attached standards for Use by Special Review be adopted;
- The plat for the Use by Special Review Permit be placed on
record by the Department of Planning Servcies staff prior to
any building permits being issued on the site.
RA:rg
Qn/,_ 21 _01
MCI TELECOMMUNICATIONS CORPORATION
USR-568:83:31
OPERATION STANDARDS
1. The type of use shall be a telecommunications facility submittea as
described in the application material. The facility shall include
the following structures:
One (1) guyed tower:
- Two (2) radio equipment buildings and one (1) generator build-
ing, as described on page seven (7) , of the submitted applica-
tion materials;
- An eight (8) foot chain-link fence shall enclose the tower and
facility; -
2. The proposal shall comply with the Design Standards for Uses by
Special Review, Section 24.5 et seq. of the Weld County Zoning
Ordinance..
3. The proposal shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. of the Weld County Zoning
Ordinance.
4. The Use by Special Review shall be limited to the plans shown.
hereon and governed by the Standards stated above and all applic-
able Weld County Regulations. Any material deviations from the
plans and/or Standards, as shown or stated above, shall require the
approval of an amendment of the permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes
from the plans and/or standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services .
5. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the permit by the Board of County Commissioners.
RA:rg
. .. ., qty... ♦} .. "..
l. zL�? +.,sn"r
CASE SUMMARY SHEET
Case Number: USR-568:83:31
Size of Parcel: 320 acres, more or less. The applicants are leasing
one (1) acre
Request : A. Use by Special Review Permit for a Communication Tower and
Facility
Staff Member to Contact : Rod Allison
Possible Issues Summarized from Application Materials:
None. The town of Kersey has no objections to this proposal. The Planning
staff has not received any objections to this proposal. The proposal is a
permitted use in the "A" (Agricultural) Zone District with Use by Special Review
approval.
RA:rg
FIELD CHECK
FILING NUMBER: USR-568:83:31 DATE OF INSPECTION:July 21, 1983
NAME: MCI Telecommunications Corporation
REQUEST: A Use by Special Review Permit for a Communications Tower and Facility
LEGAL DESCRIPTION: Fart of the all, Section 31, T5N, R64W of the 6th P.M., Weld County
LAND USE: N Bean Crops
E Agricultural Production
S Agricultural Production
W Agricultural Production
ZONING: N Agricultural
LOCATION: Approximately two (2) miles South- E Agricultural
west of Kersey; east of Weld County Road 49 S Agricultural
and south of Weld County Road 52 W Agricultural
COMMENTS:
Access to the site is from Weld County Road 49, a paved read The imprnvetentn anrnciared
with the farm are in the southwest corner of the parcel. The proposed facility is
located on a hill, several hundred yards from any residence. The subject aarcel is
presently used for crop production.
r
BY: �1 C 4,��,1
Rod Allison, Current Planner II
RA:rg
APPLICATION
+ / USE BY SPECIAL REVIEW '
Department of Planning Services, 915 Tenth Street, Greeley, r• °rade
Phone - 356-4000 - Ext. 400 t JUL j 1983
Date Received --
Case Number Oyu
Application Checked by ¢ lyeld ... Planning Coauoissia[
u; Receipt Number
ReApcording
Fee ` IC
,
.— Recording Fee_ � /O. "" Receipt Number 11C0471)
TO BE COMPLETED' BY APPLICANT: (please print or type, except for necessary
signature)
•I I (we) , the undersigned,- hereby request hearings before the Weld County Planning
Commission and the Weld County Board of County Commissioners concerning the pro-
fposed Special Review Permit of the following described unincorporated area of
Weld County Colorado: 1 acre tract
r LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: in the S1/2 Section 31
I T 5 N, R 64W owned u n which Special Review Permit
LEGAL DESCRIPTION of contiguous property upon
is proposed: S Section 31 T 5 N, R 64 W
! Property Address (if available) Weld County Road #49
PRESENT ZONE A (agricultural) OVERLAY ZONES
TOTAL ACREAGE 1 acre
i
PROPOSED LAND USE Telecommunications Facility
EXISTING LAND USE Dry Farming - Agricultural
• SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR UF:
•
Name: Tollgate Farms Incorporated _._,_
r.� Crt
—'
1. Address: 179 South Monroe Street ' Denver, Colorado Zip 80209 Business Telephone # NA _
Home Telephone # 321-0332
'. Name: City Zip-- —
Address:
Home Telephone # Business Telephone #
Name City Zip—---------
Address:____________----- City
Telephone # _
Home Telephone�y#
APPLICANT { 6X4(M# nor (if dill ' cent than above) :
Name: MCI Telecommunications Corporation Zip
Address: 1133 19thStreet , N.W. City Washington. D.C. — 1_10036
Home Telephone # NA Business Telephone # :'.02-£572-160
Owner(s) and/or lessees of mineral rights on or under the subject properties
of record in the Weld County Assessor's Office:
Name: Union Pacific Railway Company Zip X8179 ,
Address: 1416 Dodge Street City Omaha, Nebraska -
-i Name: _Zip
City
Address:_
Name: City —Z�"p
Address:_
I hereby
depose and state under the pcnalities of perjury that all statements,
proposals and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF_ WELD )
STATE OF COLORADO ,
Signatu Owner ,ft /Authorized Agent
sr
_/i � • (',y 19
day of 4
Subscribed r,3 sworn to before me this__/ ---clay
! ,, SF.P.I. NOTARY P BLIC
l7 23S
My • C°n°^is=ion expires —
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iiii4 N =OF OWNERS OF PROPEPTY WITHIN ( FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Tollgate Farms Incorporated 179 South Monroe Street, Denver. CO 80209 .4`09633100J036
1 William Boulter and Frank L. Boulter 20491 Weld County Road 44 #096331000035
Trustees for the Frank Boulter Trust LaSalle, Colorado
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Case Number USR-568:83:31
w DEPARTMENT OF P'
jv -- PH ON" 1303i 3564030 F_? F:
111, . 'r,� 91510TH STa E-
`'
11�� GREELEY.COLORADO 8063,
�j 1 19c3
14r L Tiny 7 , 1983
NJeltl Ca. Planning Commissim,
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from MCI Telecommunications Corporation
for a Use by Special Review Permit for a Communication Tower and Facility
The parcel of lard is described as Part of the sz, Section 31, TSN, R64W of the
6th P.M. , Weld County, Colorado _
The location of the parcel of land for which this application has been submitted
is approximately 2 miles southwest of Kersey; east of Weld County Road 49 and -
south of Weld County Road 52
This application is submitted to your office for review and recommendations. Any
comments or recommendations you consider relevant to this request would be ap-
preciated. Your prompt reply will help to facilitate the processing of the pro-
posal and will ensure prompt consideration of your recommendations. If a response
from your office is not received within 21 days of mailing from cur office, it
may be interpreted to mean approval by your office. If you are unable to respond
within 21 days (but wish to do so at a later date) please notify our office to
that effect.
Check the appropriate boxes below and return to our address listed above. Please
reply by July 20, 1983 so that we may give full consideration
to your recommendation.
1. We have reviewed this request and find that the request 0 niti ) (does/
d9.es—not) comply with our Comprehensive Plan for the following reasons :
2. We do not have a Comprehensive Plan but we feel this request _ (is/
is not) compatible with the interests of our town for the following reasons :
3. A formal recommendation is under consideration and will be submitted to you
prior to
4. Please refer to the enclosed letter.
Signed ;T ,I/ CF /i � �;,.� n :�r —'Agency , 4_„ —� g7 �i _ Date 2- Ct_t
L
Thank you very much for your help and co-operation in this matter.
Rod Allison, Current Planner II
RA:rg
MCI COMMUNICATIONS CORPORATION
WASHINGTON, O.C.
APPLICATION FOR A
SPECIAL USE PERMIT
TO
WELD COUNTY
COLORADO
SITE: KERSEY
MCITELECOMMUNICATIONS CORPORATION
400 INTERNATIONAL PARKWAY • RICHARDSON, TEXAS 75081 • (214) 783-4900
Date: July 1 , 1983
TO: WELD COUNTY DEPARTMENT OF PLANNING SERVICES
FROM: MCI Telecommunications Corporation
SUBJECT: Application for a Special Review Permit
Gentlemen:
Enclosed please find MCI' s application for a Special Use. Permit
to construct and operate a telecommunications tower as a Use by Special
Review in an Agricultural District in Weld County, Colorado.
We have on several occasions met and discussed this application
with personnel from the Department of Planning Services and believe
that our application fulfills all of the applicable requirements of
the Weld County Zoning Ordinance.
An application and recording fee of $165.00 and twelve copies
of the application are transmitted herewith for your review. MCI will
maintain contact with you and be represented at all hearings to answer
any questions that may arise. Thank you and please contact me at (303)
667-7602 or Sherry Jones, MCI representative, at (415) 391-0650, should
you have any questions or find that the application is in any way
incomplete.
Respectfully submitted,
QMu�
Phil B. Mazur
Land Agent for MCI Telecommunications Corporation
PBM/bp
APPLICATION
�/ USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado
Phone - 356-4000 - Ext. 400
Case Number Date Received
Application Checked by Receipt Number Application Fee Receipt Number
Recording Fee
TO BE COED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned,- hereby request hearings before the Weld County Planning
Comaisstion and the Weld County Board of County Commissioners concerning the pro-
posed Special Review Permit of the following described unincorporated area of
Weld County Colorado: 1 acre trace.
LEGAL D
DESCRIPTION
ESCRIP I N OF SPECIAL REVIEW PERMIT AREA: in the SZ Section 31
W
' LEGAL DESCION of contiguous property owned upon which Special Review Permit
is proposed: S Section 31 T 5 N, R 64 W
Property Address (if available) Weld County RoadL#49ZONES
PRESENT ZONE A (agricultural )
—
TOTAL ACREAGE 1 acre _
PROPOSED LAND USE 'telecommunications Facility
EXISTING LAND USE Dry Farming - Agricultural
• SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR USE:
Name: Tollgate Farms Incorporated ---
Cit Denver. Colorado Zip 80209
Address: 179 South Monroe Street ' Business Telephone # NA
Home Telephone # 321-0332
Name:
Address:
City Z11
Home Telephone # Business Telephone #_ _!
Name
Address: City Zip --
Home Telephone # Business Telephone #_
APPLICANT 04IMMINNANeling (if di a a e:at than above) :
Name: MCI Telecommunications Corporation -- -
1133 19th Street, N.W. City Washington, D.C. ip 20036
HddreTe: Z
Business Telephone 202-872-160oHome Business Telephone
Owner(s) and/or lessees of mineral rights on or under the subject properties
of record in the Weld County Assessor's Office:
Name: Union Pacific Railway Company
Address: 1416 Dodge Street City Omaha, Nebraska Zip 68179
Name: Lip
Address: City
Name: Zip
Address: City
I hereby depose and state under the penalities of perjury that all statements,
proposals and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
("c;:k: . •
Signor e: Own or Authorized Agent r/ dal of le 19 �.�
S c ibed and sworn to before me this f
:SEW, NO'T'ARY UBLIC 1
• My- •po1U1 issian expires,
KERSEY
I . INTRODUCTION -
MCI Telecommunications Corporation is a long distance
telecommunications company operating under a Federal Com-
munications Commission license . Created during the 1970' s, MCI
offers voice and data transmission to its customers over a growing
nationwide network of telecommunication transmission facilities .
Through a series of legal and regulatory agency actions, MCI
has access to local telephone Company connections and provides the
public with access to the MCI interstate system. The primary
transmission system is a network of radio transmitters
( repeaters) linking major cities . Use of this system :by our
customers enables them to realize substantial savings in the cost
of both intrastate and interstate communication.
MCI is a publicly owned company. Its stock is traded on the
Over the Counter Market and there is no dominant stockholder. It
is MCI ' s goal to provide competitive interstate services in every
state and major community. A comprehensive construction program
is underway to achieve that goal .
A part of the program involves the construction of a series
of radio transmitters between Denver, Colorado, and Salt Lake
City, Utah, known as the Denver to Salt Lake project. When
completed, this endeavor will substantially augment and
strengthen MCI ' s network in the Colorado-Utah area, and increase
the quality and availability of service to its customers.
Currently, residents of southern Weld County tied into the Denver
exchange can receive MCI service, and when the Denver to Salt Lake
project is completed, service will become available to
substantially more residents of Weld County via the facilities at
the Kersey site, which will interconnect with a direct terminal
planned for Greeley.
This Application is for one of the towers and related
equipment necessary to carry radio transmitters which will form a
link in the network. The proposed site for this tower is in an
area zoned agriculture and is designated by the Applicant as the
"Kersey Site. " The tower will be in excess of 199 feet high.
Accordingly, in compliance with the Weld County Zoning Ordinance
of September 7, 1982, - Sections 31, 24 and other applicable
sections, MCI is hereby applying for use by special review for the
Kersey Site.
II . ENCLOSURES
The following documents are submitted herewith:
1 . Completed Weld County application form for Use by
Special Review.
2 . Affidavit of Interest-Owners of surface estate.
-2-
3 . Affidavit of Interest-Owners of minerals and/or sub-
surface .
4. Posting Certificate.
S . Exhibit A - Plan Map.
6. Exhibit B - Enlarged Plan View.
7. Exhibit C - Lease and Deed.
8. Exhibit D - Soils Recommendation.
9 . Exhibit E - Soil Percolation Report.
10 . Exhibit F - FAA Notice of Determination.
11 . Exhibit G - Letter from Central Weld County Water
District.
12 . Exhibit H - Letter to Weld County Engineering De-
partment.
III . APPLICATION REQUIREMENTS (24. 7)
. 1 The Applicant submits the following statements in
support of its application for Use by Special Review:
1 . The Applicant has examined the Weld County Com-
prehensive Plan and the Future Land Use Map which is a part
thereof. This examination reveals that the site is located in an
area outside of the urban growth areas portrayed on the map. It
does not appear that the Plan contemplates future growth which the
special use herein applied for would interfere with in any way. To
the best of Applicant' s knowledge, there are no plans for any
residential development at the site location, and. the Plan
contemplates continued agrigultural usage in this area.
-3-
2 . The use is located within an A (Agricultural ) District.
Section 31 . 4. 11 specifically describes microwave and
communication towers and, therefore, is a use in the contemplation
of the drafters of Section 34, the A District. The site is one
acre; however, the facilities will occupy only about one-half that
total, or approximately 21 , 000 square feet. The site is presently
used for dry land farming. The facility is placed in an area
reached by mutual agreement with the surface owner with the
objective of minimizing the impact on the present agricultural
use.
3 . The opera tion of the proposed telecommunication
facility will not be such as to prevent or interfere with the
continued agricultural uses on adjacent lands . While
agricultural use cannot be continued within the fenced areas, all
of the proposed site will not be fenced and the continuation of dry
land farming on adjacent lands and perhaps to some extent on the
site itself will not be disrupted, except temporarily during the
construction of the facilities . After examining the uses allowed
in an A District, both by right and by special review, it appears
that the proposal contained in this Application will be compatible
with the future development of uses on adjacent lands which are
permitted in the A District.
4. With respect to the Comprehensive Plan, as above
discussed, this proposal is consistent with the development
-4-
projected by the comprehensive plan, since the site does not lie
within the future town growth areas. This site is :in excess of
four and one-half miles from the City of Greeley, Colorado.
5 . The Applicant has consulted the Weld County Planning
Staff and determined that the proposed facility does not lie in
any Overlay Districts .
6. As stated above, the particular location was selected
in cooperation with the surface owner who is utilizing the area
for dry farming with the objective of minimizing impact on his
operations . The site layout and fencing were designed with the
conservation of agricultural land in mind. See Exhibit A.
7. All structures in connection with this facility will be
constructed with due regard for the health, safety and welfare of
the inhabitants of the neighborhood and the county. The facility
will meet the current requirements of the American National
Standards Institute with respect to all material and workmanship.
Furthermore, such standards involve the basis for safe operations
of telecommunication facilities and the operation of this
facility will be in compliance with such standards . All
contractors working on the facilities will be subject. to the
requirements of the Occupational Safety and Health Act designed to
promote the use of safe construction procedures and avoidance of
personal injury, both to workers and citizens in the area. Addi-
tionally, the tower to be constructed will meet the current
-5-
standards of the Electronics Industry Association and the
American Institute of Steel Construction. Concrete foundations
will be designed to meet the current standards of the American
Concrete Institute and components inside of the building will meet
OSHA standards for work safety.
To the Applicant' s knowledge and experience, there are no
confirmed known or documented health hazards that would in any way
relate to the operations of this telecommunications facility. The
welfare of the residents of Weld County will be served by the
increased availability and reliability of communication options
which will be made available. It is Applicant' s intent to utilize
local contractors to the extent feasible during construction and
local taxes will be paid by the Applicant with respect to the
facility. In the construction and operation of the facility, all
governmental rules and regulations, local, state and federal ,
which pertain to the construction will be complied with. In
particular, an FCC license for the facility is required and will
be obtained prior to commencing operations.
. 2 Applicant submits the following general information:
1 . The name, address and telephone number are set. forth on
the Application Form submitted herewith.
2 . The name and address of the fee owner of the property are
set forth on the Application Form.
-6-
3 . The legal description of the property is set forth on
the Application Form and delineated on the map, Exhibit A.
4. Total acreage involved is one acre, plus guy anchor
locations .
5 . Existing land use is dry land farming.
6 . The existing land uses of adjacent properties is the
same as that of the parcel under consideration.
7 . The present zoning is A, Agricultural . There are no
Overlay Zones.
8. The signature of the Applicant appears on the ap-
plication form by its authorized agent.
9 . A certified list of the names of the owners of the
property within 500 feet is enclosed herewith.
10 . A certified list of the names and addresses of mineral
owners and lessees is contained in the Application Form.
11 . Additional information will be submitted as requested.
. 3 A description of the proposed operation and use is as
follows:
1 . The use for which the application is being made is for a
telecommunications facility consisting of two temporary 12 ' x 28'
x 8' prefabricated radio equipment buildings, one 9 ' x 12 ' x 8'
generator building, a 2000 gallon LPG tank, and a guyed tower not
exceeding 218' in height. Within the next several years, the
prefabricated radio equipment buildings will be replaced by one
-7-
permanent 31 ' x 50' masonry block radio equipment building.
Exhibit B specifies the locations of these facilities . The tower
will contain a maximum of nine dishes, approximately 10 tc 12 feet
in diameter for transmitting and receiving information. The guy
wires will extend outwards in three directions with guy wires and
anchors to be constructed in each direction extending
approximately 87 and 175 feet from the tower center. See Exhibit B
for details . Exhibit B also indicates the areas to be fenced.
There will be an access road from County Road No. 49 to the site
and a low voltage electric distribution line will be placed along
the access road to provide power to the site . These facilities
will be used to receive and transmit communication signals to and
from adjacent towers in the Denver-Salt Lake transmission system,
and to provide a direct access to a terminal planned for Greeley.
2 . The nearest residential structure in proximity to the
site is in excess of one-half mile away.
3 . Upon completion of construction, when the facility
becomes operational, a field engineer will eventually man the site
five days a week during normal business hours, to provide
monitoring and maintenance for the equipment which will serve the
local Weld County area. A second technician may occasionally be
present at the site to assist in equipment maintenance or
installation and replacement.
-8-
4. The facility is not designed for any business visitors,
or for the public to visit the site at any time.
5 . The facility is not designed for use -by animals .
6. The types and numbers of operating equipment are as
described in 1 above and as shown on Exhibit B.
7 . The proposed structures are as described in 1 above and
principally consist of a single tower with accessory buildings and
a generator shelter grouped at its base. The generator and LPG
tank will be used in the event of an electrical power failure at
the site. The two temporary 12 ' x 28' x 8' prefabricated
buildings and the permanent 31 ' x 50' masonry block building
which will replace them will contain radio equipment, multiplex
signal processing equipment, office work space and a restroom for
the field engineer.
8. As noted, normal vehicular traffic will visit the site
approximately once daily. During construction, construction
vehicles will visit the site . Such vehicles may also visit the
site for maintenance and repair work as needed. A truck to refill
the LPG tank will be on site at infrequent intervals.
9 . One employee will be stationed at the site . An
individual septic tank and drainfield are planned to serve the
site . Please refer to Exhibits B and E for further information.
10 . No stockpile, storage or waste areas are planned. All
waste will be hauled from the site.
-9-
11 . Once constructed and in operation, the facility will
not produce debris, junk or other waste.
12 . The anticipated construction period for the facilities
is ninety days. It is proposed to commence construction in 1983 .
13 . No extensive landscaping plans are proposed. Where
existing ground is disturbed, reseeding and land reclamation will
be carried out in accordance with the guidelines of the local Soil
Conservation Service . All structures and facilities will be
constructed so that, insofar as possible, they will blend with the
existing landscape.
14. The Applicant plans to remove all facilities con-
structed and restore the ground to its existing condition upon
cessation of the proposed use.
15 . The need for this use at this location to serve as a
necessary link in the Denver-Salt Lake transmission network, and
in addition to provide access to the MCI system for local
residents .
A characteristic of the frequencies employed for telephone
communication circuits is that transmission is directional,
essentially line-of-sight from one point to another, rather than
in all directions like commercial radio and television stations.
A clear path is necessary from transmitter to receiver . These
transmissions utilize much lower power than do commerc=ial radio
and television stations, which, to cover a wide area, can use as
-10-
much as 100, 000 watts. Telephone radio transmitters usually use
about five watts for each radio in a dish.
The radio transmission from transmitter - to receiver in a
telephone system is a directional path and is not unlike the
pointing of a flashlight. Much of the transmitted energy is
focused in a narrow beam.
Because of the directional nature of the transmissions and
their very low power and also because these signals are adversely
affected by rain, temperature and humidity, satisfactory
reception is generally available over path lengths of no more than
30 miles. :n some areas of the country the distance between relays
must be much less . Occasionally, such as in the western
mountains, it may be longer.
There are three basic types of MCI stations: Repeaters,
which simply receive a transmission, amplify it and retransmit it
to the next point on the route; Junctions, which provide a branch
connection to another route or to a nearby city; and Terminals,
where a city is connected to the MCI system through local
telephone company lines. This site will be a combination
Junction/Terminal . Very complex equipment is used at the
Junctions and Terminals to mix voice circuits into groups within
radio frequencies for transmission and for direction to the proper
Terminal at the other end. MCI utilizes frequency division
multiplex, by which the radio frequencies are broken into very
-11-
small segments, each about 4 kilohertz to carry one voice channel,
in a wide variety of combinations for efficient transmission.
Two basic considerations apply to site selection for these
stations. One is that the propagation of the frequencies is
essentially line-of-sight and can be transmitted over limited
distances. A second and equally important consideration is the
avoidance of interference. All telephone common carriers must
employ the same bands which have been assigned to their service by
international treaties and the Federal Communications Commission.
Therefore, when planning a new route, its location must be so
selected that its transmitters and receivers will not interfere
with or receive interference from other common carriers. FCC acts
as a regulatory body assuring that zoning permits are acquired,
any frequency interference problems are resolved, and all other
requirements are met. The 4 and 6 gigahertz ranges will be used
for the Denver to Salt Lake project.
16. During the construction of the facilities, the Ap-
plicant' s contractor shall be required to take adequate
precautions to avoid fires and to have equipment available to
extinguish any fires that may be started. The tower will be
properly grounded to disseminate any potential lightning strikes.
When in operation, a fire suppression system for the equipment
galleries will be installed which features a total flooding mode
of operation utilizing a chemical retardant. This system will be
-12-
designed for automatic activation, triggered by zonal combustion
detectors. Manual fire extinguishers will also be installed. No
open flames or burning is involved in the operation of the
facilities and very little fire danger is involved. Weeds will be
kept down to avoid grassland fires.
. 4 A special review permit plan map is attached hereto as
Exhibit A, which reflects the requirements of Section 24. 7 . 4 of
the Weld County Zoning Ordinance.
. 5 The following supporting statements are submitted as a
part of this application:
1 . The Applicant is MCI Telecommunications Corporation, a
Delaware corporation, and the Application Form is signed by a duly
authorized employee of that corporation.
2 . The Central Weld County Water District has a water main
along County Road No. 49 in the area, and MCI has contacted the
District. See Exhibit G. Water service will be available from
this main to serve the site.
3 . A copy of the lease from the fee owner of the land as
lessor to the Applicant as lessee, granting Applicant the right to
utilize the land for the purposes described in this Special Review
Application is attached (Exhibit C) .
4. The facility, when in operation, creates essentially no
noise and assuredly no noise that could be heard at the nearest
existing residence or other building. This situation has been
-13-
discussed with the Department of Planning Services and the noise
report has been waived.
5 . Attached is a Soils Report from Merrick and Company of
Denver, Colorado. See Exhibit D. The recommendations included in
this report will be followed during the final design and
construction.
IV. DESIGN STANDARDS (24. 5)
1 . The Central Weld County Water District has a water main
along County Road No. 49 in the area, and MCI has contacted the
District. Water service will be available from this main to serve
the site.
2 . An individual septic system will be required for the
site. The recommendations in the Soils Percolation Test Report
(Exhibit E) will be followed during construction of the septic
system.
3 . Soil conditions are adequate for the construction of
the structures and septic system planned. See attached Soils
Report (Exhibit D) .
4. Fire protection - See Section III , Statement No. . 3-16
(page 12 ) .
5. With respect to storm water management, the bulk of the
site will not be covered with concrete, asphalt or any surfacing
that will increase storm water runoff. Essentially, storm water
and drainage will occur the same as prior to construction of the
facilities .
-14-
6. No vehicle storage will take place on the site .
Provisions have been made for temporary parking. See Exhibit B.
7 . The Setback and Offset Bulk Requi-rements of an A
District are complied with in the location and design of the
buildings . See Exhibits A and B.
8. Access to the premises will be from County Road No . 49 .
The use of the premises will not generate high traffic volumes .
Traffic generation will average one to two trips per day.
9 . The access on County Road No. 49 to the premises shall
be constructed in accordance with the minimum standards contained
in the Weld County Zoning Ordinance. See Exhibit A. Discussions
have been held with the County Road Department regarding this
facility. See Exhibit H. Their recommendations will be met or
exceeded.
10. No buffering or screening of the premises from adjacent
properties is contemplated.
11 . The site was located in cooperation with the owner of
the adjacent surface areas to avoid impacts on more productive
soils.
V. OPERATION STANDARDS (24. 6)
1 . The facility will operate without significant noise and
within the noise limitations enumerated in 25-12-101, C.R. S.
1973 , as amended.
-15-
2 . The operation of the facilities will cause no pol-
lutants to be emitted into the air which are regulated by the air
quality regulations the Colorado Air Quality Control Commission.
3 . The operation of the facilities will not involve any
water discharge or any state water quality regulations.
4. The lighting provided on the premises shall be that
required by the FAA for the safety of air traffic (Exhibit F) . A
security light may be installed. Such lights will not impact
adjacent properties, nor create any traffic hazard.
5 . The operation of the facilities will not cause the
emission of heat that will raise the temperature at or beyond the
lot line.
6. The property will be maintained in such manner that
grasses and weeds will not be permitted to grow taller than 12
inches. Noxious weeds will be controlled.
-16-
tie-elPAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application. No.
Subject Property 1 acre tract in the Section 31 , T 5 N, R 64 W.
STATE OF COLORADO
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names ,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records ,
or from the records of the Weld Cuunty Clerk and Recorder. The list compiled
from the records of the Weld County Assessor shall have been assembled within
thirty (30) days of the application submission date.
LL —The foregoing instrument was subscribed and sworn to before me this
, day 'uly 1917 by _She/1w
WITNESS my hand and official seal .
My Commission expires :
/c3 _ Z$ -OS
/ LC Notary Public
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL.
STATE AND ZIP CODE IDENTIFICATION I
Tollgate Farms Incorporated 179 South Monroe Street, Denver, CO 80209 #096331000036
William Boulter and Frank L. Boulter 20491 Weld County Road 44 #096331000035
Trustees for the Frank Boulter Trust LaSalle, Colorado
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No..
Subject Property 1 acre tract in the Sj, Section 31, T 5 N, R 64 W
STATE OF COLORADO
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land which is the subject of the application as their names
appear upon the records in the Weld Count, Clerk and Recorder's Office, or
from an ownership update from a title or abstract company or an attorney.
The foregoing instrument was subscribed and sworn to before me
ST.
this // day of 9t•5 19,n 0
WITNESS my hand and official seal .
My Commission expires :
(a ,( h- fly
Notary Public
MCI TELECWIUNICATIONS CORPORATION KERSEY SITE
alell POSTING CERTIFICATF
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE
SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS
POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE
PLANNING COMMISSION/BOARD OF COUNTY COMMISSIONER' S HEARING
FOR CASE # . THE SIGN WAS POSTED BY;
NAME OF PERSON POSTING SIGN
SIGNATURE OF APPLICANT
STATE OF COLORADO
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF__
19 _.
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES _
LAST DAY TO POST SIGN IS: _
EXHIBIT C
LEASE AND DEED
Site: Kersey
Project: Denver — Salt Lake C1456
REPEATER AND JUNCTION
DREI
MCI TELECOMMUNICATIONS CORPORATION
SITE LEASEorQ
' i
LEASE made this day of March _, 19 83 , by and
between Tollgate Farms, Incorporated a Colorado Corporation
whose address is 179 South Monroe. Denver. Colorado 80209
(hereinafter called "Landlord") and MCI Telecommunications Corporation, a
Delaware corporation having an office at 1133 19th Street, N.W. , Washington, D.C. ,
20036, (hereinafter called "Tenant") .
1 . Landlord hereby leases, demises and lets unto Tenant, and Tenant
hereby hires from Landlord, for all purposes which Tenant may desire, the parcel
of land (hereinafter called the "Premises") measuring approximately two hundred
nine (209) feet by two hundred nine (209) feet (one acre more or less) shown on th
plan annexed hereto as Exhibit A. uee-
TOGETHER WITH l ) any i...provements that-may be located thereon, 2) such rights
of way and easements on, over, under and through the adjoining landi'"of Landlord,
extending from the Premises to the nearest convenient public road, and of standard
vehicular width, as shall be necessary for ingress and egress to and from the
Premises, 3) such other rights of way and easements on, over, under and through
the adjoining lands of Lanulord as may be required by Tenaai for the purpose of
electricity, gas, water, septic system, well and drainage fields, telephone, and
any and all other utilities, 4) the right to park vehicles on or about the Premise!
and the lands immediately adjacent thereto during periods of construction, site
inspection and at times of necessary repair work, and 5) the right to run guy
wires from the tower to be constructed on the Premises on, over and across the
adjoining lands of Landlord to such points on said lands as shall be necessary to:
the proper support of the aforementioned tower, including at such points the right
to install anchors of such size and naterial as shall be necessary to secure the
aforementioned guy wires .
IT IS UNDERSTOOD and agreed that Tenant shall have the right to construct ,
maintain and repair a roadway over the aforementioned easements, including such
work as may be necessary for slope and drainage, and to install such poles,
wires , pipes, cables , conduits and related appurtenances as shall be necessary
for the proper conduct of Tenant's business and for electricity, water, telephone,
and gas. It is also understood and agreed that the aforementioned guy wires and
anchors shall be located as shown on the plan annexed hereto as Exhibit A, but
that Tenant shall have the right to relocate said guy wires and anchors in the
event Tenant desires to increase or decrease the height of the aforementioned
tower or relocate the sane within the boundaries of the Premises ,
Site: Kersey
Project: Denver - Salt Lake C1456
-3—
the Premises. If the construction or maintenance of the tower results in
damage to any adjacent lands of Landlord (other than as set forth herein)
Tenant shall pay Landlord for such damage.
6. Landlord agrees to pay promptly when due all taxes and assessments
levied or imposed against the lands of Landlord and make all payments under
any mortgage affecting the same and in the event Landlord fails so to do,
Tenant shall have the right (but not the obligation) to protect its interest
hereunder by paying said taxes, assessments, or making such mortgage payments
and to deduct any amount so paid from the payments of rent due hereunder.
7. Tenant shall have the right, at any time, and from time to time,
during the term of this Lease (or any renewal or extension hereof) to assign.
this Lease, or sublet the Premises , in whole or in part, without Landlord's
consent. `
8. Landlord agrees that Tenant may peacefully and quietly enjoy the
Premises, the right of way and easements granfld hereunder subject, kolrever,
to the terms, covenants and conditions contained in this Lease. All of the
terms, covenants and conditions hereof shall inure to the benefit. of and
shall be binding upon the heirs , executors , administrators , successors and
assigns of the respective parties hereto and ;hall tie deemed to run with the
• land.
9. Tenant shall not be deemed in default under this Lease until Landlord
has given Tenant at least thirty (30) days written notice of any default here—
under and Tenant has failed to cure the same within thirty (30) clays after
receipt of such notice.
10. Tenant shall have the right to cancel this Lease upon ninety (90)
days written notice to Landlord. Upon the exercise of such right by Tenant
this Lease shall become null and void and neither party will have any further
obligation to the ocher.
11 . All buildings , fixtures, towers, improvements and equipment erected,
located, placed or constructed by Tenant or its assigns upon the Premises, the
right of way and guy anchor locations shall remain personal property of Tenant
or its assigns regardless of the manner or mode of attachment and shall be
Project : Denver .- Salt Lake C1456
-4-
removed by Tenant or its assigns at any time during the term of this Lease
(including any renewal or extension term) or within 60 days thereafter.
Landlord hereby expressly waives any and all Landlord' s liens or claim of such
on said buildings , fixture, towers, improvements and equipment.
12. Tenant shall pay all increases in real estate taxes affecting the
Premises from improvements constructed thereon by Tenant.
13. Tenant agrees to indemnify and save harmless Landlord from and
against any and all claims, liability, damage or loss to persons, including
loss of life, or to property, which may arise out of Tenant' s use or occupancy
of the Premises, or out of any act of Tenant, its employees, agents and invitees.
14. Landlord represents to Tenant that `landlord is the owner of 'he
Premises and the lands immediately adjecent thereto which comprise the-
easements, the rights of way and the guy anchdr locations, and that suth
ownership is free and clear of all liens and encumbrances other than those
which do not interfere with Tenant's use and oaerations of the Premises, and
that Landlord has the lawful right and authorise), to execute this Lease and
grant such easements and- rights of way. Tenant may,, aficr the execution of
this Lease by Tenant , obtain an abstract or preliminary title report from a
title insurance company of its choice . If the state of title as indicated by
said abstract or preliminary title report shall show any liens or encumbrances
which interfere with tenant 's use and operation of the Premises , Tenant shall
have the right to either (a) discharge such liens or encumbrances of record,
if possible, and deduct the cost theroof from the payments of rent to become due
hereunder, or (b) cancel this Lease upon written notice to Landlord. Landlord
agrees to cooperate with Tenant in curing such title defects.
15. Landlord agrees to execute and deliver a memorandum of this Lease
' in recordable -form, upon the request of Tenant , and to execute and deliver
such other documents , amendments and agreements , such as, but not limited to,
easements , licenses and zoning and building applications, as Tenant shall
require for the proper conduct of its business and in order to carry out the
purpose and intent of this Lease , so long as such documents, amendments and
agreements are not inconsistent with and do not materially change the general
intent of this Lease.
Site: Kersey
Project: Denver -• Salt Lake C1456
—5-
16. All correspondence relating to this Lease shall be sent to Landlord at
nei `ir.,_.tt, M0,je, tl.- C.../. air,,; yb? 9 and to Tenant at 1133
19th Street, N.W. , Washington, D.C. 20036, Attention: Law Department, Real Estate
Administrator.
IN WITNESS WHEREOF, this Lease has been executed as of the day and year first
above written.
ATTEST-:- LANDLORD:
/J —7
B . -� c car Tollgate F ms, Inc.
i ram C. Aekard, - _ '<
las: President -.
SEAL
TENANT:
Attest : MCI TELECOMMUNICATIONS CORPORATION
' 17��7< BY
C. B n—Smith, r. Thames L. Le,RrT
Assistant Secretary Senior Vice President
(Acknowledgements Atta ed)
Site : Kersey
Project : Denver—Salt Lake C1456
—6—
Exhibit A — Legal Description
It is understood and agreed to by the parties that the Exhibit A referred
to in the Lease evidencing the boundaries of the Lease Premises and the tower,
equipment and other fixtdres to be located thereon will be attached to and
made a part of the Lease as soon as it is made available by Tenant ' s surveyors.
It is further understood and agreed to by the parties that the aforementioned
Lease. Premises and appurtenances shall be located within the NEk of the SWk of
Section 31 , T5N„ R64W of the 6th P.M. , County of Weld, State of Colorado, and
that the access road and all utilities brought into the site, and across the
adjoining lands of the Landlord, shall run along the North line of the SWk,
on the property of the Landlord, of said Section 31 , to a point where the road
and utilities shall leave the East-West centerline of said Section 31 and traverse
across a portion of the NEk of the SWk of said Section 31 to the Lease Premises.
AGREED AND ACCEPTED:
LANDLORD:
. -r
Tollgat Far ,, Incorporate4� n
BY' .£ eE�e/1-r-r� �'"A ✓
TENANT:
MCI TELECOMMUNICATIONS CORPORATION
Thnmasl Lewin_
Senior Vice President
ACKNOWLEDGEMENT
STATE OF COLORADO
) .SS . :
COUNTY OF Denver
•
The foregoing instrument was acknowledged before me this rill-
day of April , 19 83 by ( 'a IIla,ti c. ,.1ck4AC)
r • as the President and SAc.c,ii i3 ri.1!« .✓.ar,q as tt
Tollgate Farms, Inc. Witness my hand and official seal.
Notary Pub c
My Commission Expires : - .
/0-23 -Y..5—
I' 3( (Ak-t wc.-•3 .h--
•
Lc" ^"° 6b5;1 ACKNOWLEDGEMENT •
CITY OF WASHINGTON
.SS. :
DISTRICT OF COLUMBIA )
Thp foregoing instrument was ackno�ledd e-d before this
day f , 19n , b Y�-/.6azan,.>�
and I as the Senior Vice Presioent
• and Oa ecretary , respectively, of MCI Telecommunications
Corporation. Witness my hand and official seal .
otary b is
My Commission Expires : * gam.. April 30. 1485
Kersey, Colorado
Exhibit B
All of the following described lot or parcel of land,
situate, lying and being in the County of Weld and State of
Colorado, to-wit:
The South One-Half ( S-1/2 ) of Section 'Thirty-one
(31) , Township Five ( 5 ) North, Range Sixty-four
(64) West of the Sixth Principal Meridian: •
BOOK
H6 Rrorded at_u.L 3 a•.� rl JI MAR 1 7 1978 n j .
N•e.ptls N•_ 1.1,11___7851 MARY ANN FfUEN$TEIN I 1
r .
•
Tins Dam, mad.tL' 1st BBCORDaY STAMP ,
1•78re«.8 ,h Aare March
' WILLIAM C. ACI(ARD , trustee co
co
W Cl and d1b. I
C•••4 d D W Star d Cola �� Documentary, Fr
.-i ram,at W first p•ra.ad Dale
MAT, 1 7 +97g�� TOLLGATE TARMS, INC.
s_.L_"Iy
t` •at.sfeC..rr..40 W e
rioting•s err W by virtue d w re,d the Srt d Colorado d the.rood part:
• j •
a MI'fN!®BaTN,flat w mid;arty of the first
TEN DOLLARS AND OTSZR GOOD part, for and O earta•Ne. of the p of
.• r the rid party of w nbt laAND d br tb. E CONSIDERATIONS the w OMi
to I pars a Mad Mid in tb. said MPar S•haANS,+�� •
ti it ��t ondtr d�teeny
wk hi rained ama•d,'old.w e.q•d.ward
Mire prat I..,, It
a W of W following deevibes lot��mute the rid party d w wood Tort 14 son.... W aerlsr lane. Ii wri- . .
Canny d Weld or pared et land,afloat,lying and hear a the
and 8Y4 d Colr.do,r w1U o
O
CO •
I
.
1Th. Rapti; One_Ralf (8)!) of S.et'oa Thirty-one (31), Township Fir. (5) II ,
c-
North, Rup Sixty-four (61.) NuY .41t of !be Sixth Prinel Meridian: 4P ti no Tog.th.r with BIZ, ( ) Shares of tb. Capital stook of the F.rrra Ir.;
• z • Rs..rvoir and Irrigation Co.
•
a .
M
• C
•
QI
a n
TOG Mite MU AI and Wdng. U.b.dltaast. Ad appaitatarva earlobe
apprhtdng.sad w
' the eatata,sat,title,.tart,Saha and dared wherever o mentor,remark,sad f ter•f. tW first Part.
hi d
r esdq,d,r W r the above b.sgsi "+s Party. d 1hi first paeL altar hi law
TO NATE AND TO BOLD the rid reader the
sadIrsradita dr ad,with he app
.ais arr d W saeoad past, II.seea�r, aid sdism forme. MA
said
with the rortrnrt.posh,ftba
I
has W r,his heirs, •r•et+a W ••_•.•_• 4 t Add be, of t4 Met pen. far
r and arse to and ra '
1 Ywa.e ra said pe t"of
•
the eras s won IItaerr•rus ad says•, that at the tr. of NO. earring and delivery of
faddribk,estate of Inheritor*,wal a low,r T«of the "radar Us.. ��~'sa d t.4.«n,••dK ardor sad
traa bari.a,s•l mad manor tad fern al hay sled adrig t WI poor W reed•s O Is
ether
sassy the y r erers,sod a the war an free
all former and t grata baeSdr.We,.,Ileae,tare,a•rar,r sad e.�._ sad door 1fa.
od
, ,' «„o,.i$;.pt 1 >r of whatever79, kW r sire
4 for the year 1978 due and payable in 1
• Excepting an szleti.g First Trust Dud of record; run-.atiocat,aezceptf.ose
-4,.. covenants, coaditioae and r•striatiot. rights of way and .astsant. •stablis d
aM on tho premises or��i ddb y instruments of record; oil,gas,sinerals re..t•• of
' W W.5.. ern soer•ra•ad arras.aain t y W__ "weal'emersion of W serf We, of. reed
tMsof Y.aM Mrs d W tan past W wOl er WAIaANT AND r0aEva err lie whole r anypare
r ere.
fN wRNfl$ WBam►, Tb• r part 7 d Ibs ha :rata
WaW w4r WT«r nrst ah«addenraa W b Yd
I Scar.Sealed W Delivered a the Pr+eensa d �(
E.N111j ._.r" SGLI
- aka , trust••
I
' STATE 0/COLORADO J
City arid &N ay b of D ". s
Thefarlpbr moral wee rtaewWN&dare ae ale 16to dorof March
tl$ ,.1 „ Iti111u ck
C. Aard, tn.t..
' ' r.w[• i'TMr. arzt
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EXHIBIT D
SOILS RECOMMENDATION
❑oo
0000 ME:RRICK
June 29, 1983
Ref: 252-4551
Mr. Phil Mazur
MCI
1931 Lakewood Drive
Loveland, Colorado 80537
Subject: Kersey Tower Site
Dear Mr. Mazur:
The U.S.D.A. Soil Conservation maps have been reviewed for the area where the
Kersey Tower Site is located. In addition, the soils information gathered by
Empire Laboratories, Inc. for the percolation test has also been reviewed. There
are no apparent soils that will require unusual or special engineering design for the
construction on the site. However, this information is of a very general nature
and it is recommended that a detailed soils investigation be conducted by a
qualified geotechnical engineering firm prior to any construction, and their
recommendations used in the final design.
Sincerely,
Dean L. Rue,, P.E.
Project Manager
DLR/d1r
EXHIBIT E
SOIL PERCOLATION REPORT
REPORT
OF A
SOIL PERCOLATION TEST
FOR
WESTERN LAND SERVICES, INC
LOVELAND, COLORADO
RE: MCI BUILDING
SOUTHWEST OF KERSEY, COLORADO
PROJECT NO: 5169-0
BY
EMPIRE LABORATORIES, INC.
214 NORTH HOWES STREET
FORT COLLINS, COLORADO
TABLE OF CONTENTS
Table of Contents i
Letter of Transmittal it
Report t
Appendix A A-i
Test Boring Location Plan A-2
Absorption Plan and Section A-3
Key to Borings A-4
Log of Borings A-5
Descriptive Logs A-6
Appendix B B-i
Summary of Test Results 8-2
Empire Laboratories, Inc. Branch Offices
1242 Bramamontl Place
MATERIALS AND FOUNDATION ENGINEERS Longmont Colorado 80501
PO Box 1135 214 No. Howes Fort Collins,Colorado 80522 (3031 116 3921
P.O. Box 429 13031 4840359
3151 Nation Way
Cheyenne Wyoming 82001
P.0 Box 10016
June 17, 1983 13071632-9224
Western Land Services, Inc.
1931 Lakewood Drive
Loveland, Colorado 80537
Attention: Mr. Phil B. Mawr
We are pleased to submit our Report of a Soil Percolation Test prepared
for the proposed MCI Building to be located southwest of Kersey,
Colorado. The accompanying report presents oar findings In the
subsurface and our recommendations for an individual sewage disposal
system.
Very truly yours,
EMPIRE BORATORIES, INC.
Gary, M M rtinson
Junior neer
Reviewed by: Ounummniii
�
�4. 1ER C. S,, �4
4=�c's�..�/ co°v�tr'.�isiegFo�y°'::
•
•
Chester C. Smith, P.E. -,iii 4808c.
President !N.� eti;
3 A •°m� 05° 0:
• Jib i9T FH6 dlP..• OC_.
OtFnCnOt OHO
• MEMBER OF CONSUL.TING ENGINEERS COUNCIL
4 a
REPORT
OF A
SOIL PERCOLATION TEST
SCOPE
This report presents the results of a soil percolation test performed
for the proposed MCI Building to be located southwest of Kersey,
Colorado. The objective of this investigation was to assess the suitability
of the subsurface conditions for construction of an individual sewage
disposal system in accordance with Weld County regulations.
SUBSURFACE EXPLORATION •
The field exploration, carried out on June 14„ 1983, consisted of
drilling and logging five (5) test borings and running five (5) percolation
tests. Two (2) of these borings were drilled to a depth ten (10) feet
below the surface. Locations of the test borings are shown on the Test
Boring Location Plan included In Appendix A of this report. Boring logs
and descriptive logs prepared from the field logs are included in
Appendix A. These logs show soils encountered and location of
groundwater. A summary of test results is included In Appendix B of
this report.
All borings were advanced with a four (4) andl/or twelve (12) inch
diameter, continuous-type, power-flight auger drill. During the drilling
operations, an engineer from Empire Laboratories, Inc. was present and
made continuous observations of the soils encountered.
•
SITE LOCATION AND DESCRIPTION
The proposed site is located approximately one and one-half (1-1/2)
miles west and two and one-half (2-1/2) miles south of Kersey, Colorado.
More particularly, the property Is described as a tract of land situate in
the south 1/2 of Section 31, Township S North, Range 64 West of the
Sixth P.M., Weld County, Colorado.
The site is located in open, cultivated agricultural farm land. The
area is vegetated with wheat= at the time of the investigation, the east
portion of the site was wheat stubble, and the west portion was uncut
•
wheat. The site slopes gently to the north with fair drainage. The
surrounding area is currently cultivated farm land. The property
corners, building and tower location, and other pertinent features were
staked at the time of the investigation.
SOIL AND GROUNDWATER CONDITIONS
The soil profile at the site consists of !strata of materials arranged In
different combinations. In order of increasing depths, they are as
follows:
(1) Topsoil: The area Is overlain by an approximate one (1) foot
layer of sandy silty topsoil. The topsoil has been penetrated
by root growth and organic matter. Where excavated, this
material can be stockpiled for later reuse as cover for the
absorption field system.
(2) Silty Clayey Sand: The brownish tan silty clayey sand stratum
was encountered below the topsoil and extends to a depth seven
(7) feet below the surface. The clayey sand contains varying
amounts of silt, is medium dense in its natural state, and
contains thin lenses of silty clay throughout the stratum. This
stratum exhibits good to fair percolation rates in its moist in
situ condition.
(3) Silty Clay: A layer of brownish black silty clay underlies the
upper silty clayey sand in Borings 1 and 5 at a depth seven
(7) feet below the surface and extends to the limits of this
investigation. This silty clay contains traces of sand and is
moist and very stiff in its In situ condition. Thin coal seams
were also observed within this stratum.
(4) Groundwater: At the time of the investigation, no free
groundwater was encountered in the soil borings. Groundwater
levels are subject to change due to seasonal variations and/or
possible irrigation demands adjacent to the site.
RECOMMENDATIONS AND DISCUSSION
It is our understanding that a small structure with a bathroom
facility is to be constructed at the site. Using an average design
percolation rate of forty-five (45) minutes per inch and a calculated
maximum design flow of one hundred fifty (150) gallons per day, a
minimum three hundred seventy-four (374) square foot absorption bed will
be required as calculated in accordance with Weld County Health
Department Standards. A one thousand (1000) gallon, two (2)
compartment septic tank will also be required for this system.
The soil absorption bed constructed at the site should consist of
three (3) Inch diameter perforated plastic pipe or four (4) Inch diameter
open-jointed tile. The pipe or tile should be laid on as flat a grade as
possible, running the full length of the bed. A minimum twelve (12) inch
layer of one and one-half (1-1/2) inch to two and one-half (2-1/2) inch
washed gravel or rock shall be distributed evenly and level over the
entire bed with distribution lines set at a depth to insure at least six
(6) inches of gravel below and two (2) Inches of gravel above each line.
A cover of untreated building paper or a thin layer of straw or similar
pervious material shall be placed on top of the gravel. After Inspection,
a minimum twelve (12) inch and maximum twenty-four (24) Inch layer of
backflll shall be placed over the top of the bed. This backflll may
consist of the on-site clayey sand soils. It Is recommended that the silty
clay lenses encountered in the sand stratum not be used as
•
backfill on top of the bed. The top four (a) Inches over the bed should
consist of the stockpiled topsoil. The final cover shall be graded for
positive drainage to reduce surface water from entering the system. It is
Important that tractor-tread compaction of the soils at the bottom of the
bed be minimized so that the silty clay lenses in the upper soil strata do
not become impermeable for the absorption of the effluent. If the soils
are compacted, it Is recommended that the bottom of the excavation be
loosened and roughened prior to the placement of the gravel. No part of
the absorption bed should be covered with pavement or gravel, nor
should the field be driven over. It is also recommended that the top of
the bed be seeded or sodded with local grass to coitroi erosion. A typical
section shaowing recommended location of the bed and the construction
materials is included in Appendix A.
This system should be constructed in accordance with state and Weld
County regulations using the data provided in this report. The system
should also be placed a minimum of one hundred (100) feet from the
proposed well, an minimum of ten (10) feet from all property lines, a
minimum of twenty (20) feet from the proposed -structure, and the
required minimum distances from all other pertinent land features.
GENERAL COMMENTS
This report has been prepared to aid in the evaluation of this
property for an individual sewage disposal system. IIn the event that
changes in the use or the location of the building are planned, however
slight, the conclusions and recommendations contained in this report shall
not be considered valid unless the changes are reviewed and conclusions
of this report modified or approved in writing by this office.
This report does not reflect variations in the soil profile and/or
percolation rates which may exist between the test borings. The nature
and extent of variations between the borings may not become evident
until construction. if variations do appear, a reevaluation of the
recommendations of this report will then be needed. To aid in this
reevaluation, on-site observations and/or tests by this office of the
noted variations may be needed.
APPENDIX A.
TEST BORING LOCATION PLAN C-ENtI
1\1.91, C NI 1%
/kit-
M. , �o� iran
vat ion !� j9 •G2 .
• •
r\10. 3 NaI
n
K
rrttcs b
X 1.
1
‘,c411-air -f -jWrr-••r-
},.=,s<' •
x x x
x
•
1::"..V1,4(-/:1 it:..=_.=_PVD74. P_OlklIA L 4 . 2I,!--..i_i
,................,..:._.,...,..„,.-..n .... .---....•:-:. -
, ..1[.4 .:I rik_ �,5 1.0.4-•
,z' • k° -x -x
I
..,1f",3%-- c-- I'�i�I. %3/r-
x -).-Nift'SL 1 fT2''' I --------i--- 't ,(C77
4�,')/-1:7111;1 X 1- \ 12✓ t.•.
'.. Y lea— _�..'.« .�-
.s le, We..I k .-",,,:„1,Lr_. : i . cr,,r
1
,
x-- -- —f r-— ... X— X • X
t
•
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s
.�w^. 'g, _ .�!
.1• -_1,i.�R.} 1� �+�. \ b\ \ c, zlh \,--* `� .., � .. .
I !: . _ \\ M-i_.:r .� .:... `4;-X-- ...._ ._ : rg ,; V �Ly.1 .
j:\ t1 "\�\_ \ \ \ \ w,I 1
NA ail -.,'f ,{;- �.__ ,. --.-�I .___7 _,„
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,j..:6,;I C-- • -- q= 1
:t om _y .s ri•Y-i ./M � .'[ t.. �
: . I .its!I '
n I it
_ __ -•'' MAY. 3 h MA)c
r_
KEY TO BORING LOGS
re,;./.,� •TOPSOIL
I �.• GRAVEL
`
Pare
AS FILL `•.• . SAND & GRAVEL
•
.0// SILT •.e• SILTY SAND & GRAVEL
/ •• .4
�/ CLAYEY SILT o,0 COBBLES
� •'.e' SANDY SILT
'/. .. a^ SAND,GRAVEL & COBBLES
�, CLAY a WEATHERED BEDROCK
�� SILTY CLAY
V/I __ SILTSTONE BEDROCK
�d SANDY CLAY CLAYSTONE BEDROCK
SAND • • • SANDSTONE BEDROCK
2•• SILTY SAND
�• • SIN LIMESTONE
■ IS
vCLAYEY SAND n ic
X
x.X GRANITE
�,.•� SANDY SILTY CLAY ■
' SHELBY TUBE SAMPLE
0 STANDARD PENETRATION DRIVE SAMPLER
v WATER TABLE 2 HOURS AFTER DRILLING
t-
C _ HOLE CAVED
5/12 Indicates that 5 blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches.
LOG OF BORINGS
LEyA'lotl -o'z 16
4795 ,/
/ '/ - ; 14
4790 -I
. .
1 is �-
22/12
4735
4730 --
I
TEST BORING LOG
_
CLIENT: WeStPrnj.nd SPrvic c_, Inc_ PROJECT NO. 5169-$1____
PROJECT:INC 1_- DenM r-Sal_t I ak C:ityDATE DRILLED: dune 14, 1983_________
si t J ersey, Colorado DEPTH TO WATER (IMMEDIATE): __may
GROUND ELEVATION: 4797.1 _ DEPTH TO WATER (2 HOURS
FIELD ENGINEER:_Gary M. .Martinson
Depth Sample Penetration Classification M OD Qu LL PI GI
(feet) Type Blows/in. Soil Description (%) (PCF) (KSFI 1%) (%)
0.0-1 .0 Topsoil .
Brown sandy silt.
•
1 .0-7.0 Brownish tan
4.0 silty clayey sand.
5 SS 11/12 Moist, medium dense. 14.0
Lenses of silty clay
throughout stratum.
7.0-10.0 Brownish
9.0 black silty clay. •
1a SS 16/12 Moist, very stiff. 27.4
Trace of sand and thin
coal seams.
15
24
25
30
•
TEST BORING LOG
BORING__2
CLIENT: Western Land Services, Inc. PROJECT NO.: 5169 $.3 _—
PROJECT:MCI - Denver-Salt Lake CityDATE DRILLED: UI1ne_14_,_19.8.3____—____ _—
Si te: Kersey Colorado DEPTH TO WATER (IMMEDIATE1,: Dry
GROUND ELEVATION: 47970 DEPTH TO WATER (2 HOURS }: _ ry
FIELD ENGINEER:_ Gary M.Aar_tins.o.n____
Depth Sample Penetration Classification M DO Qu LL PI GI
Soil Description
(feet) Type Blow;:/in. (96) IPCF) (KSF) (%) (/,)
0.0-1 .0 Topsoil .
Brown sandy silt.
•
1 .0-3.0 Brownish tan
silty clayey sand.
5 Moist, medium dense.
Thick seams of silty
clay.
10
15
20
25
30
TEST BORING LOG
BORING 3 _
CLIENT: Wpstprn I anll Servi ceS.,__jnL_ PROJECT NO.:
PROJECT:MC! - DPnvpr-Salt I akp filyDATE DRILLED: June 14, 1211_
Sitp•--Karceyy_Lplprddo___ DEPTH TO WATER (IMMEDIATE): DI"______.__
GROUND ELEVATION: 4796 9 DEPTH TO WATER (2 HOURS 1: —Dry
FIELD ENGINEER: Gary M.
Depth Sample Penetration Classification M OD Ou LL PI GI
(feet) Type Blows/in. Soil Description
1%) (PCF) (KSF) (%) (%)
0.0-1 .0 Topsoil .
Brown sandy silt.
1 .0-3.0 Brownish tan •
silty clayey sand.
5 Moist, medium dense.
Fine to coarse sand.
10
15
20
25
30
II
TEST BORING LOG
BORING A.
CLIENT: Western Land Services, Inc. PROJECT NO/ 5169-_63-___
PROJECT:MCI - f1Pnver-Salt I aka EityDATE DRILLED: .Llne_l4.,_L9Ba_
_Si te: _Kersey, Colorado DEPTH TO WATER (IMMEDIATE): _Qry_
GROUND ELEVATION: 47966 DEPTH TO WATER ( 2 HOURS ): Dry
FIELD
FIELD ENGINEER:__Gary._M___Marj:LnsniL. . _..__
Depth Sample Penetration Classification M OD Qu LL PI GI
Soil Description
(feet) Type Blows/in. (%) (PCP) (KS'FV (%) (%)
0.0-1 .0 Topsoil .
Brown sandy silt.
1 .0-3.0 Brownish tan
silty clayey sand.
5 Moist, medium dense.
Thin silty clay seams.
15
20
25
30
SS - SPLIT SPOON M - MOISTURE (%) LL- LIQUID LIMIT I%)
TEST BORING LOG
BORING___ 5 _
CLIENT:kestel"n_LandServi co ,_.InC. PROJECT NO: 5169-83 -
PROJEcr:MCL_._ Denver-Sal t _Lake_LityDATE DRILLED: -June 19,_19133___
_Site.; Kersey_,_ Colorado _._._._.. _ DEPTH TO WATER (IMMEDIATE): _._ Dry
GROUND ELEVATION: _ 4796_5 DEPTH TO WATER ( 2 HOURS I: .__ Qr,y•
______..
FIELD ENGINEER: ,__ Gary. N. _Martinson_ _
•
•
Depth Sample Penetration Classification M DD Qu LL PI CI
(feet) Type Blows/in.
Soil Description (%61 (PC F) IKSP I (%) (%I
0.0-1 .0 Topsoil .
Brown sandy silt.
4.0 1 .0-7.0 Brownish tan
SS 14/12 silty clayey sand. 15 8
5 Moist, medium dense.
Very thin silty clay
seams throughout stra-
tum.
9.0 7.0-10.0 Brownish
10 SS 22/12 black silty clay. 18. 1
Moist, very stiff.
Trace of sand and thin
coal seams .
15
20
25
30
L.._ ...._. _-._.
APPENDIX B.
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SUMMARY OF PERCOLI HON TI SI RESUI 1S
Boring Depth to Depth to Percolation Rate
Number Bedrock (ft. ) Groundwater (ft. ) (Time Required for Water
to Fall One (1 ) Inch in Min. )
710.0' >10,0'
40.0
2
60.0
3
30.0
4
48.0
5 > 10.0' >10. 0'
34 . 3
EXHIBIT
FAA NOTICE OF DETERMINATION
U.S. Department Northwest Mountain Region i1)Uu 8aolic Highway South
of Transportation Colorado Idaho Montana C 68966
Jregon Utah Washington Seam? Wasn1r gton 38168
Federal Aviation
Wyoming
Administration
In Reply Refer To:
83-ANM-260-0E
TO ALL CONCERNED:
SUBJECT: INFORMATION: Determination , Aeronautical Study
No. 83-ANM-260-0E
The Federal Aviation Administration (FAA) has conducted an aeronautical study
of the proposed construction of a radio tower located near the Easton-Valley
View Airport, Greeley, Colorado. The construction originally proposed
involved a 283' AGL guyed radio tower approximately 8,600' north of the
airport at Latitude 40°21 ' 05"N, Longitude 104°35'40"W. The proposed tower
would exceed the obstruction standards of Federal Aviation Regulations , Part 77
as follows:
77. 23(a) (2) by 78' -- A height AGL or Airport Elevation
exceeding 200' within 3 miles.
A Notice of Aeronautical Study was circularized to the public on May 2 , 1983.
The firm of Hamilton & Hill , P.C. , Attorneys at Law, objected to the proposed
structure, saying it would be within the existing traffic patterns for both
fixed wing aircraft and helicopters arriving at and departing from Easton-Valley
View Airport. In crop-spraying operations , these aircraft are typically taking
off at maximum gross takeoff weight under high density alitude conditions which
climb performance is marginal at best. No other comments or objections were
received.
Negotiations with the proponent resulted in relocating the proposed site
approximately 1 ,353. 7' farther away from the airport and a reduction in the
overall height of the tower.
With the new location and structure height, the proposal would not exceed
any Part 77 surfaces and would be outside traffic pattern airspace. Accordingly ,
the aeronautical study was amended as follows :
Latitude 40°21 ' 17"N, Longitude 104°35 '32"W
Site Elevation - 4,799' MSL
Structure Height - 218' AGL
Overall Height AMSL - 5,017 ' AMSL
Page 2
83-ANM-260-0E
The results of the study disclosed that the proposed structure would not
adversely impact upon Instrument Flight Rules ( IFR) operations , procedures
or minimum flight altitudes. Consideration for Visual Flight Rules (VFR)
operations in the area indicated the proposed structure would be outside
and below traffic pattern airspace and altitude. Other effects on VFR
traffic would be safely mitigated by obstruction marking and lighting.
Therefore, it has been determined that the proposal would not have an adverse
effect upon the safe and efficient use of navigable airspace by aircraft
provided it is marked and lighted in accordance with Advisory Circular
70/7460-1F, Chapters 3, 4, 5 & 9.
This determination, issued in accordance with Federal Aviation Regulations ,
Part 77, concerns the effect of this proposal on the safe and efficient use
of navigable airspace by aircraft and does not relieve the sponsor of any
compliance responsibilities relating to any law, ordinance, or regulation
of any federal , state, or local governmental body.
Cam, .4! r$
Arthur H. Corwin
Airspace & Procedures Specialist, ANM-532
Issued in Seattle, Washington on June 17 , 1983.
. '
EXHIBIT G
LETTER FROM CENTRAL WELD COUNTY WATER DISTRICT
47Wi
CENTRAL WELD COUNTY WATER DISTRICT
June 24, 1983
Merrick & Company
Engineers & Architects
P.O. Box 22026
Denver, CO 80222
Attention: Mr. Dean L. Rue, P.E.
Project Manager
RE: 252-4551
Dear Mr. Rue:
Per your June 22nd letter request , transmitted herewith are the forms
necessary for making application for water service from Central WeLd
County Water District.
The first form is an Information Application. Completion of the form
should include the name, address, and telephone number of the property
owner and/or tenant should a tenancy exist.
The second document is a Petition for Inclusion to include the property
into the Central Weld County Water District. The legal description
of the property will need to be shown on the Petition or attached;
and dated and signed by the owner of the described property as the
name appears on the title to the property. The signature on the
Petition mus- be acknowledged by a Notary Public . Please complere
all three copies.
The Tap Fee Agreement forms (2 copies) need to be completed and signed
by the owner of the property as the name appears on the title of the
property.
Return of the executed documents and your check in the amount of
$2,925.00 ($2,900 Tap Fee and $25.00 Study Fee) will complete the
application for 5/8" metered water service to the described property.
Central Weld has an 8" mainline along the west side of Section 31 ,
Township 5 North, Range 64 West of the 6th P.M. The watermain is
located along the East side of Weld County Road 49.
Merrick & Company
June 24, 1983
Page 2
If you have any questions regarding the above or we can be of further
service, please contact the District office.
Very truly yours,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D. Olhausen
Secretary-Manager
DDO/wmg
Enclosures
EXHIBIT H
LEITER TO WELD COUNTY ENGINEERING DEPARTMENT
RECEIVED JUN 2 3 1983
DOD
DC EA
DUD M ERRICK
June 21, 1983
Itef: 252-4551
Mr. Warren Meyer
Weld County Engineering Dept.
Greeley, Colorado 80631
Subject: M.C.I. Telecommunications Tower Site
Access Road
Dear Mr. Meyer:
This letter is to confirm our telephone conversation on June 9, 1983, concerning a
new approach to County Road No. 49 at the west quarter corner of Section 31,
Township 5 North, Range 64 West, Weld County, Colorado.
It is my understanding that you have reviewed our verbal request and have made a
field inspection of the site, and have approved the installation of an approach on
the south side of the east-west quarter-line, with a new 18-inch by 40-foot. C.M.P.
culvert to be installed. If the approach is wider, a wider culvert can be installed
as appropriate.
Enclosed is a county road access application form filled out with the information
available to us.
Thank you very much for your prompt attention to this matter.
Sincerely,
W
can L. Rue, P.E.
Project Manager
Enclosure
DLR:cjw
cc: Mr. Phil Mazur
M.C.I.
Hello