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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1047 FOR
A 738-FOOT GUYED COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
- DENVER TELEVISION, INC. , DBA KDVR
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 8th
day of June, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the
purpose of hearing the application of Denver Television, Inc. , dba KDVR, 501
Wazee Street, Denver, Colorado 80202, for a Site Specific Development Plan and
Special Review Permit #1047 for a 738-foot guyed communication tower in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SE* of Section 19, Township 8
North, Range 66 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, said applicant was represented by Fred Baumgartner, Engineering
Manager for KDVR, and Rod Bacon, General Manager for Denver Television, Inc. , and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides
standards for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the
recommendations of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter and, having been fully informed, finds that
this request shall 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 Board of County Commissioners that the
applicant has shown compliance with Section 24.4.2 of the Weld
County Zoning Ordinance as follows:
PL0959
940537
CSC : AZ ' KPv,e Fred inga.rtner)
SPECIAL REVIEW PERMIT #1047 - DENVER TELEVISION, INC. , DBA KDVR
PAGE 2
a. This proposal is consistent with the Weld County Comprehensive
Plan's Agricultural Goals and Policies. This proposal will
not remove prime agricultural land from production.
b. This use is consistent with the intent of the A (Agricultural)
Zone District and is provided for as a Use by Special Review.
c. This use will be compatible with the existing surrounding land
uses which are farming production and dryland pasture. The
use will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) Zone
District.
d. No overlay districts affect the site.
e. Special Review Permit Development Standards will provide
adequate protection of the health, safety, and welfare of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Denver Television, Inc. , dba KDVR, 501
Wazee Street, Denver, Colorado 80202, for a Site Specific Development Plan and
Special Review Permit #1047 for a 738-foot guyed communication tower in the
A (Agricultural) Zone District on the hereinabove described parcel of land be,
and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Special Review Permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 15 days of approval by the Board
of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
3. Within five days after construction of the tower to its greatest
height, the tower shall be marked and lighted in accordance with
Federal Aviation Administration requirements.
4. The existing 605-foot tower and the existing 25-foot by 35-foot
building shall be removed from the property on or before January 1,
1996.
940537
SPECIAL REVIEW PERMIT #1047 - DENVER TELEVISION, INC. , DBA KDVR
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of June, A.D. , 1994.
Lilideue4
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board 4� airman ti ) ,2.�. 7
y 1YH. Webster,BY: / �bQo0/CJ
Deputy C1:r to the Board Da e/K. Ha , ro-em
APPROVED AS TO FORM: .c
George-E. Baxter
C unty Att rney Constance L. Harbert
i
bara J. K r yer �' ��
940537
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DENVER TELEVISION, INC. , DBA KDVR
USA #1047
1. The Site Specific Development Plan and Special Review Permit is for a
738-foot guyed communication tower in the A (Agricultural) Zone District
as submitted in the application materials on file and subject to the
Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. No permanent disposal of wastes shall be permitted at this site.
4. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
5. Fugitive dust shall be controlled on site.
6. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A) , as measured according to 25-12-102, Colorado Revised
Statutes.
7. Tower marking and lighting shall be maintained in compliance at all times
with Federal Aviation Administration requirements.
8. The use shall conform with all Federal Communications Commission Standards
and requirements.
9. The use shall conform with all Federal Aviation Administration
Requirements.
10. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
12. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
13. Personnel from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated herein and all
applicable Weld County Regulations.
940537
DEVELOPMENT STANDARDS - DENVER TELEVISION, INC. , DBA KDVR
PAGE 2
14. The Special Review area shall be limited to the plans shown herein and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated 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 or Development Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
15. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
940537
HEARING CERTIFICATION
DOCKET NO. 94-44
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
738-FOOT GUYED COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE
DISTRICT - DENVER TELEVISION, INC. , DBA KDVR
A public hearing was conducted on June 8, 1994, at 10:00 a.m. , with the
following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated May 23, 1994, and duly
published May 26, 1994, in the Windsor Beacon, a public hearing was
conducted to consider the request of Denver Television, Inc. , dba KDVR,
for a Site Specific Development Plan and Special Review Permit for a
738-foot guyed communication tower in the A (Agricultural) Zone District.
Lee Morrison, Assistant County Attorney, made this a matter of record.
Keith Schuett, Planning Department representative, entered the favorable
recommendation of the Planning Commission into the record as written. He
noted the proposal includes replacing a 605-foot tower and a 25-foot by
35-foot building with a 738-foot tower and a 50-foot by 50-foot building
to house transmitter equipment on a 54. 7-acre parcel. In response to a
question from Commissioner Harbert, Mr. Schuett indicated the proposed
facilities would be approximately 150 feet from the existing facilities,
and the facilities are unmanned. Fred Baumgartner, Engineering Manager
for KDVR, was present and stated the existing tower will be replaced with
a taller and heavier tower, and the three FM antennas for Weld County will
be moved. In response to a question from Mr. Schuett, Mr. Baumgartner
explained they requested one year to complete the project for budget
purposes. He indicated there would be a transmitter for Channels 31 and
22, and they hope to have it working for the first Bronco football game.
No public testimony was offered at this time. In response to a question
from Commissioner Kirkmeyer, Mr. Schuett suggested a Condition of Approval
be added concerning the time frame for the existing tower to be removed.
Mr. Baumgartner reiterated one year is required by the educational station
due to the budget cycle and upgrade of facilities. In response to a
question from Commissioner Harbert, Mr. Baumgartner indicated 18 months
would be ideal. Rod Bacon, General Manager for Denver Television, Inc. ,
explained they do not want to cause the three FM stations or KUNC any
financial harm, and he reiterated 18 months would be more beneficial than
one year. Commissioner Harbert suggested a date of January 1, 1996, for
final completion. In response to a question from Chairman Webster, Mr.
Baumgartner and Mr. Bacon confirmed all Conditions of Approval and
Development Standards are acceptable and the existing tower and building
would be removed within 18 months. Mr. Schuett read the proposed language
for Condition of Approval #4 into the record as follows: "The existing
605-foot tower and the existing 25-foot by 35-foot building shall be
removed from the property on or before January 1, 1996. " Commissioner
Harbert moved to approve the request of Denver Television, Inc. , dba KDVR,
for a Site Specific Development Plan and Special Review Permit for a
738-foot guyed communication tower in the A (Agricultural) Zone District,
based on the recommendations of the Planning staff and the Planning
940537
P ; i °c- i PL
RE: HEARING CERTIFICATION - DENVER TELEVISION, INC. , DBA KDVR
PAGE 2
Commission, with the Conditions of Approval and Development Standards as
entered into the record and the addition of Condition of Approval #4 as
above stated. The motion was seconded by Commissioner Kirkmeyer. Duane
Brown, surrounding property owner, stated he has had very poor television
reception since the existing tower was installed and voiced concerns about
the reception becoming worse. Mr. Bacon explained the reason for building
the new tower is to improve reception and allow news coverage in the
northern area. He reiterated they are trying to provide the finest signal
to all of northern Colorado; however, some areas work better than others.
After further comments, Mr. Bacon indicated Mr. Baumgartner would be
willing to come to Mr. Brown's house to help resolve any problems. The
motion then carried unanimously.
This Certification was approved on the 13th day of June, 1994.
11 e 1/ //��/�//� APPROVED:
ATTEST:I���.,,e%/ ���lr�A/Gt�""^"` BOARD OF COUNTY COMMISSIONERS
11 /uv�f� (l// WELD COUNTY, OLORADO
Cou Weld ty Clerk to the Board
nn fie r g Lb ev
By: ' tat k c_Vi / W. H. Webster, air n
eputy Cl�rk to the Board
Da AK. Hall, Tem
TAPE #94-26
-' � 4��-'/(f_ ,4
Geo g . Baxter
DOCKET #94-44 L X
Constance L. Harber
PL0959
Barbara J. Kirk eyer O
940537
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8th DAY OF June 1994:
DOCKET # 94-44 - Special Review Permit - Denver Television, Inc. , dba KDVR
DOCKET 0 94-45 - Special Review Permit - Griffin-Holder Co.
DOCKET It
DOCKET 0
PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING GA Peisyyte aevati f—AciD Rptp,64mitisit 50l itY4 Zit p0., . , J C7
MCC no lea/ 5 Wc. rz kfc7 Tov,-& �?
940537
NOTICE
The Board of County Commissioners of Weld County, Colorado, on June 8, 1994,
conditionally approved a Site Specific Development Plan and Special Review Permit
for the property and purpose described below. Conditional approval of this plan
creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as
amended, for a period of three years.
APPLICANT: Denver Television, Inc. , dba KDVR
501 Wazee Street
Denver, Colorado 80202
LEGAL DESCRIPTION: Part of the SEy of Section 19, Township 8 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado
TYPE AND INTENSITY
OF APPROVED USE: A 738-foot guyed communication tower in the
A (Agricultural) Zone District
SIZE OF PARCEL: 54. 73 acres, more or less
Failure to abide by the terms and conditions of approval will result in a
forfeiture of the vested property right.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
PUBLISHED: June 16, 1994, in the Windsor Beacon
940537
AFFIDAVIT OF PUBLICATION
•
STATE OF COLORADO
Ss
COUNTY OF WELD
•
I, ROGER A. LIPKER, of said County of Weld, being duly
sworn,say that I am publisher of •
WINDSOR BEACON
a weekly newspaper having a general circulation in said
County and State, published in the town of WINDSOR, in
said County and State; and that the notice, of which the
annexed is a true copy, has been published in said weekly
for / successive weeks, that the notice was
published in the regular and entire issue of every number of
gala the paper during the period and time of publication, and in
' , the newspaper proper and not in a supplement, and that
The Board m ca,
carom the first publication of said notice was in said paper bearing
Count' ,SO - d'j the date of the
° /bit day of �i,� A.D., 19 9V and the
and Site Spun,
last publication bearing the date of the
the prewar - _day of A.D., 19 and that
issiAss]o tM plug a the said WINDSOR BEACON has been published
le ki Mule 66 of Title 26,C.R.&,Pr operfy light pursed
r continuously and uninterruptedly for the period of 5
Md
au amended,for a period or consecutive weeks, in said County and State, prior to the
e...resr& date of first publication of said notice, and the same is a
APPLICANT: Denver newspaper within the meaning of an Act to regulate printing
Television,Inc.,dbe KDYR,
501 Wasee Street,Denver, of legal notices and advertisements, approved May 18,
Colorado 80202 1931,and all prior acts so far as in force.
LEGAL the SDESCRIPTION: Pat
of the ip a/N , , Rang u, /'
Township l Nod, Range N t/f/_ v
West of the 6th P.M.,Weld _
Courtly, Coiaredo ISHER
TYPE AND INTENSITY OF
APPROVED USE: A T,1totoot 1 7t� day of
Plied communication totter Subscribed and sworn to befor me this
w the A(Agricultural)Zone ��a 1991
District
SIZE OF PARCEL: 54.73 //�A /)7_ '•»�
acres,more or less `/`��W' —/��
Failure to abide by the terms OTARY PUBLIC
and conditions of approval wi l
result in ap forfeiture of the Sykrly 2 1 /9 9 -
vestetllxoperrydBM. My commission expires v / .
BOARD OF COUNTY
I COMMISSIONERS
WELD COUNTY,COLORADO
BY:
DONALD D.WARDEN,CLERK
TO THE BOARD
BY:
SHELLY K. MILLER,
DEPUTY CLERK TO THE
BOARD
Published M IM WIANer
Sown on awe 1e,MM
940537
NOT I C E
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, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the Site Specific Development Plan and Special Review
Permit are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped record
which will be kept during the hearing, the Clerk to the Board shall be advised
in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
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: 94-44 APPLICANT
Denver Television, Inc. , dba KDVR
501 Wazee Street
Denver, Colorado 80202
DATE: June 8, 1994
TIME: 10:00 a.m.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
738-foot guyed communication tower in the A (Agricultural) Zone
District
LEGAL DESCRIPTION: Part of the SE,' of Section 19, Township 8 North, Range
66 West of the 6th P.M. , Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 90 and approximately 1/3
mile west of Weld County Road 27
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: May 23, 1994
PUBLISHED: May 26, 1994, in the Windsor Beacon
x /ALL L I �> 940537
NAT=
Puritan to to mina W
of the Ilea M Cebrede and
the Weld County Zoning
Ordinance,a public hearing
will be held in the Chambers AFFIDAVIT OF PUBUCATION
of the Board of County
Commissioners of Weld
County, Colorado, Weld STATE OF COLORADO
County Centennial Center.
91S lath Street.First Floor, as
Greeley,Colorado,at the COUNTY OF WELD
time specified. All person
b any manner interested M
the Site Specific I, ROGER A. UPPER, of said County of Weld, being duly
Development Plan end sworn,say that I am publisher of
Se cial Review Permit are
requested to attend and may
be heard. WINDSOR BEACON
Ihald the applicant or any
interested party desire the a weekly newspaper having a general circulation in said
pretence of a court reporter
le make a record of the County and State, published in the town of WINDSOR, in
proceedings.in addition le said County and State; and that the notice, of which the
E.Dped record which eel
be kept during the aNtrq, annexed is a true copy, has been published in said weekly
be Clerk to the Board nu for / successive weeks, that the notice was
be advised In writing of such
flan at least five days plea published in the regular and entire issue of every number of
to i.haring. The coil el the paper during the period and time of publipon, and in
engaging a court reporter
.hall be borne by the the newspaper proper and not in a supplement, and that
mat/sling party. the first publication of said notice was in said paper bearing
DE 1T ALSO KNOWN that the date of the
the text and maps so U7 day of A.D., 19 9'f< and the
at
by the Weld County last ublication bearing the date of the
be ewnined In the office d day of AD., 19_and that
the Clark to the Board of the said WINDSOR BEACON has been published
County Commissioners,
lolN.d in the Weld County continuously and uninterruptedly for the period of 5
Centennial Center,915 1qn
Street Third Floor.Greeley, consecutive weeks, in said County and State, prior to the
Calsredo.•_ date of first publication of said notice, and the same is a
ioaKET NO:94-44 newspaper within the meaning of an Act to regulate printing
APPLICANT: Denver of legal notices and advertisements, approved May 18,
Television,Inc`dba el KDVR 1931,,//a and
ddJall prior acts/ so far as in force.
Denver,Colorado e1994 80202 /(N (�L/-� V'. "...I _
DATE June 8, o
Time lo:oo a.m. ,PJJR
REQUEST:A Site Specific ✓ -3/� day of
Development Plan and Subscribed and sworn to before me this
Spoil Review Pomit for a
guyed ,y 19 'I7
coin loot /Aomnw(Agriioncultural)
tower i ict / !�"`/f "'` r
he
A(ApkunureQ Zone Din • /Y� '��
aaa
LEGAL DESCRIPTION:Pan NOTARY PUBLIC
cl IM SE1/s of Section 19,
Township 8 North,Range l).
C County,el ofthe 8thPM.,Weld My commission expires 21 /95.4
LOCATION: North of and
adjacent to Weld County
Read e0 end approximately
1ta mile west of Weld
Cows Road 27
BOARD OF COUNTY
COMINSSIONERS
WELD COUNTY,
COLORADO
BY:DONALD O.WARDEN •
WELD COUNTY CLERK TO e
THE IOARD
BY:*WWI K MILLER
DEPUTY CLERK TO THE
BOARD
DATED:I se IB.IS
IPublished M M WSW
Boson as Wy N./Nd.
9410537
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-44, was placed in the United States mail, first
class mail, postage prepaid, addressed to the following property owners.
DATED this day of ` a , 1994.
DENVER TELEVISION, INC. , DBA KDVR
501 WAZEE STREET
DENVER, CO 80202
WILLIAM E. AND VERA L. DUMLER
13626 EAST BATES AVENUE, #410
AURORA, CO 80014
BROWN GRAIN AND LIVESTOCK, INC.
13557 WELD COUNTY ROAD 88
PIERCE, CO 80650
UNION PACIFIC LAND RESOURCES
CORPORATION
P.O. BOX 7
FORT WORTH, TX 76101 ge-egDeputy Clerk the Board
910537
PLANNING COMMISSION MINUTES
May 17, 1994
Page 4
The Vice-Chairperson asked the secretary to pole the members of the Planning
Commission for their decision. Richard Kimmel - yes, Bill O'Hare - yes, Shirley
Camenisch - yes, Juliette Kroekel - yes, Bud Clemons - yes, Marie Koolstra - yes,
Ron Sommer - yes, Tom Rulon - yes. Motion approved unanimously.
CASE NUMBER: USR-1047
NAME: Denver Television, Inc. , dba KDVR
ADDRESS: 501 Wazee Street, Denver, CO 80202
REQUEST: A Site Specific Development Plan and a Special Review permit for a 738
foot guyed communication tower in the A (Agricultural) zone district.
LEGAL DESCRIPTION: A part of the SE4 of Section 19, TSN, R66W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile
west of Weld County Road 27.
Fred Braumgartner, representative, stated that they would like to place a 730
foot tower with an 8 foot beacon next to an existing tower outside the Town of
Pierce to be used for broadcasting the television station KDVR. Mr. Braumgartner
said it was a pleasure working with this group.
The Vice-Chairperson asked if there was anyone in the audience who would like to
speak for or against the application. No members from the audience wished to
speak.
Bud Clemons moved Case Number USR-1047 a Site Specific Development Plan and a
Special Review permit for a 738 foot guyed communication tower in the A
(Agricultural) zone district be forwarded to the Board of County Commissioners
with the Planning Commissions' recommendation for approval. Motion seconded by
Juliette Kroekel.
The Vice-Chairperson asked the secretary to pole the members of the Planning
Commission for their decision. Richard Kimmel - yes, Bill O'Hare - yes, Shirley
Camenisch - yes, Juliette Kroekel - yes, Bud Clemons - yes, Marie Koolstra - yes,
Ron Sommer - yes, Tom Rulon - yes. Motion approved unanimously.
Meeting adjourned at 3:10 p.m.
Respectfully submitted,
C*CeiLlete/
Becky Scho4nfeld
Secretary
} , 940537
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons 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:
CASE NUMBER: USR-1047
NAME: Denver Television, Inc. , dba KDVR —i
ADDRESS: 501 Wazee Street, Denver, CO 80202 ,__ - CD
CD
REQUEST: A Site Specific Development Plan and a Special Review permir a 738 : ,.-,
foot guyed communication tower in the A (Agricultural) zone,: std≥t. t -
LEGAL DESCRIPTION: A part of the SE4 of Section 19, TBN, R66W of the6th P'.M. ,.,, �_,
Weld County, Colorado. iv
LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile
west of Weld County Road 27.
be recommended favorably 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 Planning Commission that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance as
follows:
- This proposal is consistent with the Weld County Comprehensive Plan's
Agricultural Goals and Policies. This proposal will not remove prime
agricultural land from production.
- This use is consistent with the intent of the A (Agricultural) zone
district and is provided for as a use by special review.
- This use will be compatible with the existing surrounding land use
which is farming production and dryland pasture. The use will be
compatible with future development of the surrounding area as
permitted by the A (Agricultural) zone district.
- No overlay districts affect the site.
- Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and
County.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
x ,1, b f 940537
RESOLUTION, USR-1047
Denver Television, Inc. , dba KDVR
Page 2
The Planning Commission's recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review permit shall be
adopted and placed on the Special Review plat prior to recording the plat.
The plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's office within
15 days of approval by the Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Special Review plat
is ready to be recorded in the office of the Weld County Clerk and
Recorder.
3. Within 5 days after construction of the tower to its greatest height, the
tower shall be marked and lighted in accordance with Federal Aviation
Administration requirements.
Motion seconded by Juliette Kroekel.
VOTE:
For Passage Against Passage
Richard Kimmel
Bill O'Hare
Shirley Camenisch
Juliette Kroekel
Bud Clemons
Marie Koolstra
Ron Sommer
Tom Rulon
The Chairperson 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, Becky Schoenfeld, Recording Secretary for 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 May
17, 1994.
Dated the 17th of May, 1994.
Becky Schoenfeld
Secretary
910537
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Denver Television, Inc. , dba KDVR
USR-1047
1. The Site Specific Development Plan and Special Review permit is for a 738
foot guyed communication tower in the A (Agricultural) zone district as
submitted in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. No permanent disposal of wastes shall be permitted at this site.
4. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
5. Fugitive dust shall be controlled on-site.
6. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A) , as measured according to 25-12-102, Colorado Revised Statutes.
7. Tower marking and lighting shall be maintained in compliance at all times
with Federal Aviation Administration requirements.
8. The use shall conform with all Federal Communications Commission Standards
and requirements.
9. The use shall conform with all Federal Aviation Administration
Requirements.
10. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
12. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
13. Personnel from the Weld County Health Department and Weld County Department
of Planning Services shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated hereon and all
applicable Weld County Regulations.
14. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated 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 or Development Standards are permitted.
Any other changes shall be filed in the office of the Department of
Planning Services.
940537
DEVELOPMENT STANDARDS, USR-1047
Denver Television, Inc. , dba KDVR
Page 2
15. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
940337
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Denver Television, Inc. , dba KDVR Case Number: USR-1047
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 38 pages X
2. Application plat 1 page X
3. DPS referral summary sheet and letter X
4. DPS letter to applicant X
5. DPS Recommendation X
6. DPS Surrounding Property Owner/Mineral Owner
Mailing list, letter and certificate. X
7. 3 DPS Maps Prepared by Planning Technician X
8. DPS Notice of Hearing X
9. DPS Case File Summary Sheet X
10. DPS Field Check X
11. Letter dated April 26, 1994 from Pierce Planning
Commission X
12. Memo dated April 17, 1994 from Trevor Jiricek,
Weld County Health Department X
13. Letter dated April 22, 1994 from Edwin Stoner,
Weld County Building Inspection X
14. Letter dated April 20, 1994 from Weld County
Sheriff's Office/Office of Emergency Management X
15. Letter dated April 27, 1994 from Donald Carroll,
Weld County Public Works X
16. Fax dated April 20, 1994 from Fred Baumgartner
KDVR (3 pages) X
17. Fax dated May 5, 1994 from KDVR (2 pages) X
18. Affidavit of publication received May 2, 1994 X
19. Certificate of mailing dated April 21, 1994 X
20. Letter dated April 20, 1994 from Airport
Authority X
21. Letter dated May 11, 1994 from Nunn Fire District X
22. Letter dated May 12, 1994 from Federal
Communication Commission X
23. Letter dated May 11, 1994 from Federal Aviation
Administration X
24. Planning Commisison sign posting certifcate dated 940,53'7
April 19, 1994 X O V I
Ex h ,bif A-
INVENTORY OF ITEMS, JSR-1047
Denver Television, Inc. , dba KDVR
Page 2
I hereby certify that the 24 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning
Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on May 20, 1994.
-1,4z14/4112// ---
Todd A. Hodges, Current/1anner
STATE OF COLORADO )
COUNTY OF WELD
I!II1
o,4089CR1 %AND SWORN TO BEFORE ME THIS day of 19
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MYCommission Expires• . 3i 1°ICW
940337
EXHIBIT INVENTORY CONTROL SHEET
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9 0537
DATE: May 17, 1994
CASE NUMBER: USR-1047
NAME: Denver Television, Inc. , dba KDVR
ADDRESS: 501 Wazee Street, Denver, CO 80202
REQUEST: A Site Specific Development Plan and a Special Review permit for a 738
foot guyed communication tower in the A (Agricultural) zone district.
LEGAL DESCRIPTION: A part of the SE4 of Section 19, T8N, R66W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile
west of Weld County Road 27.
THE DEPARTMENT OF PLANNING SERVICES' 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 of the Weld County Zoning
Ordinance as follows:
- This proposal is consistent with the Weld County Comprehensive Plan's
Agricultural Goals and Policies. This proposal will not remove prime
agricultural land from production.
- This use is consistent with the intent of the A (Agricultural) zone
district and is provided for as a use by special review.
- This use will be compatible with the existing surrounding land use
which is farming production and dryland pasture. The use will be
compatible with future development of the surrounding area as
permitted by the A (Agricultural) zone district.
- No overlay districts affect the site.
- Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and
County.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
9037
RECOMMENDATION, USR-1047
Denver Television, Inc. , dba KDVR
Page 2
The Department of Planning Services' staff recommendation for approval is
conditional upon the following:
1. The attached Development Standards for the Special Review permit shall be
adopted and placed on the Special Review plat prior to recording the plat.
The plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's office within
15 days of approval by the Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Special Review plat
is ready to be recorded in the office of the Weld County Clerk and
Recorder.
3. Within 5 days after construction of the tower to its greatest height, the
tower shall be marked and lighted in accordance with Federal Aviation
Administration requirements.
940537
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Denver Television, Inc. , dba KDVR
USR-1047
1. The Site Specific Development Plan and Special Review permit is for a 738
foot guyed communication tower in the A (Agricultural) zone district as
submitted in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. No permanent disposal of wastes shall be permitted at this site.
4. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
5. Fugitive dust shall be controlled on-site.
6. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A) , as measured according to 25-12-102, Colorado Revised Statutes.
7. Tower marking and lighting shall be maintained in compliance at all times
with Federal Aviation Administration requirements.
8. The use shall conform with all Federal Communications Commission Standards
and requirements.
9. The use shall conform with all Federal Aviation Administration
Requirements.
10. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
12. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
13. Personnel from the Weld County Health Department and Weld County Department
of Planning Services shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated hereon and all
applicable Weld County Regulations.
14. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated 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 or Development Standards are permitted.
Any other changes shall be filed in the office of the Department of
Planning Services.
94'® 37
DEVELOPMENT STANDARDS, USR-1047
Denver Television, Inc. , dba KDVR
Page 2
15. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
W,0537
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone - 353-3845 - Ext. 3540
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
Township 8 North. Range 66 West. 6th P.M.
Section 19: A tract in the SE'more particularly described as commencing at
the SE'corner of said Section 19, thence West 1,216 feet to the
True Point of Beginning, thence North 1,600 feet, thence West
1,490 feet,thence South 1,600 feet,thence East 1,490 to the True
Point of Beginning TOTAL ACREAGE: 54.73+ acres
PRESENT ZONE A (Agriculture) OVERLAY ZONE none
PROPOSED USE Agriculture. TV and FM Radio Transmission Tower Facility
SURFACE FEE(PROPERTY)OWNERS OF AREA PROPOSED FOR THE USE BY SPECIAL
REVIEW PERMIT:
William E. Dumler and Vera L. Dumler
13626 E. Bates Avenue, #410
Aurora, CO 80014
(303) 337-9308
APPLICANT: DENVER TELEVISION, INC., dba KDVR
501 Wazee Street
Denver, CO 80202
(303) 595-3131
AUTHORIZED AGENT: William G. Crews, CPL
(for both Applicant 1228 28th Avenue, Suite 2
and surface fee owners) Greeley, CO 80631
(303) 351-0733
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans
submitted with or contained within the application are true and correct to the best of my knowledge.
STATE OF COLORADO )
) ss.
COUNTY OF WELD
William G. Crews, Attorney-in-Fact
Subscribed and sworn to before me this 13th day of April, 1 94. a
My commission expires/O '(1,`7�
Notary Public
EXHIBIT
940537
FOX31 501 Wazee Street
KDVR . DENVER Denver, Colorado 80204-5859
THE FOX OFTHE ROCKIES Phone (303)595-3131 Fax(303)595-8312
March 14, 1994
Greg Thompson
Current Planner
Weld County Administrative Offices
1400 N. 17th Avenue
Greely, Colorado 80631
Dear Mr. Thompson:
Enclosed please find a check for$35.00 to cover the issuing of a building permit. I understand that there will
be a special review process that might require reducing the height of the proposed replacement tower to some
level between 738 feet and 605 feet,based on some substantive finding and we would be required to meet
that condition.
The intention of this request is to seek approval via a building permit,to construct the equipment building
and place foundations,etc. in preparation for the replacement tower.
I understand the forms and policies for special review are being rewritten at this time, and that you will send
me the updated material when it is available.
I appreciate your assistance very much!
i
Sincere -
erick M. Bau gartner
Engineering Man ger
LI 'IX
JI MAR 2 1 1994
5''4ia"own,'Planning,
940537
ATTACHMENT
to
APPLICATION FOR USE BY SPECIAL REVIEW
Denver Television, Inc., dba KDVR
April 13, 1994
This Application for Use by Special Review consists of the application page to which this is attached
plus two exhibits indicating the tower profile and guy wire system. In addition, one copy or original
of each of the following have been submitted to the Department of Planning Services
contemporaneously with this Application, and are by reference part of the Application:
1. Affidavit of surface fee(property) owners within the USR area and adjacent surface estates.
2. Affidavit of interest owners-mineral estate-within the USR area.
3. One 81/2"x 11" copy of the Special Review plat.
4. Soil survey page from U.S.D.A.
5. Part of Sheet 25 Soil Survey of Weld County, Colorado. Northern Part from said Survey.
6. Lease Agreement, extension and proposed amendment for the facility.
7. Reproducible mylar plan map of the U.S.R. area and contiguous lands.
PROPOSED USE: By this Application,Denver Television, Inc.,dba KDVR("KDVR")seeks a Use
by Special Review ("USR") to permit the construction and operation of 735-foot television and FM
radio transmission tower, together with a 50' x 50' non-occupied building to house transmitter
equipment, on a 54.7-acre parcel in the SEl/a of Section 19, Township 8 North, Range 66 West, 6th
P.M., Weld County, Colorado. This new tower and building is intended to replace an existing 605-
feet tower and 25'x 35' building within 150 feet of the proposed replacement tower.
The tower will be mounted on a small concrete foundation and will be supported by two tiers of guy
wires. The building, with a single peak sloped roof, will have one 18' overhead door and one 3'
passage door. It will house transmitter equipment and will be placed on a concrete pad as required
by the Weld County Building Inspection Department. Appropriate HVAC equipment will be
installed, but no plumbing will be needed. Existing electric service will be extended ±150'from the
existing site to the new site. The tower will be fenced for security with an 8-foot chain link fence
topped with barbed wire.
NEED: KDVR, Channel 31 in Denver, has poor coverage in the Northern portion of the state.
This replacement facility will allow KDVR to better relay its programs to citizens of Weld County.
EXISTING USES: The USR area is located approximately three miles west of Pierce and has been
used for solely for agriculture and for the existing transmission tower and related transmitter
building. Zoning is A(Agriculture) at the site, the existing transmitter being located approximately
700 feet north of WCR 90 and approximately 1,855 feet west of WCR 27. All surrounding land is
used for agriculture, with no structures on adjacent property.
- 1 -
940537
DISTANCES TO STRUt TURES: The nearest structure,a farm,is approximately 1.25 miles North-
north-east of the proposed tower site.
USERS. BUYERS, ETC.: None. The facility will not be open to the public. Each of the five
transmitter users will send a maintenance person once a week on average. The average maintenance
time is one hour per week per transmitter. The building is not occupied and is not a place of
business.
EMPLOYEES AND HOURS: None. The facility will be not be manned.
WATER: No need for any water facilities is proposed or contemplated.
ACCESS: Access will be via WCR 90, which is the only road adjacent to the USR area.
VEHICLES: Approximately five visits will be made per week. Vehicles are passenger cars and
four-wheel drive passenger cars or light pick-up trucks. There will be no specific parking area, since
visitation to the site is to be discouraged by those other than maintenance personnel, who will park
directly in front of the equipment building.
SEWAGE: No sewage facilities will be needed.
FIRE PROTECTION: No additional fire protection services will be needed. For the most part,
the building and transmitter equipment are composed of non-flammable materials. The facility will
have fire extinguishers and automatic alarms.
ANIMALS: None.
WASTE: None.
STORAGE AND STOCKPILING: None.
LANDSCAPING: None.
FENCING: The tower will be fenced for security, as required by the FCC,with appropriate fencing.
KDVR intends to install an 8'chain link fence topped with three-strands of barb wire at a 45° angle.
RECLAMATION: Upon disassembly of the existing tower and building, all buildings, equipment,
concrete foundations and other improvements will be hauled from the premises, the land will be
restored to as near its original condition as is practicable, and disturbed area will be reseeded as
necessary. Upon disassembly of the replacement tower at some point in the future, all buildings,
equipment,concrete foundations and other improvements will be hauled from the premises,the land
will be restored to as near its original condition as is practicable, and disturbed area will be reseeded
as necessary.
TIME TABLE: Construction should be complete within 90 days of commencement. All debris will
be disposed of using professional waste removal services. The scheduled order of construction is
as follows:
1. Tower and building foundations will be poured.
2. New tower will arrive.
3. Tower will be stacked and the building constructed simultaneously.
4. Antennas from existing tower will be moved to the new tower.
- ii -
940537
5. The existing tower will be removed.
6. Transmitters from the existing building will be moved to the new building.
7. The existing building will be removed.
COMPREHENSIVE PLAN: The need for telecommunications in Weld County has been
demonstrated to be consistent with the Weld County Comprehensive Plan. The replacement of an
existing tower and transmitter building serves to minimize,to the greatest extent possible,the impact
of the type of use for which the permit is sought.
AGRICULTURAL PRESERVATION: The land is not irrigated and very small area of agricultural
land will be used for the construction and operation of the replacement facility. No prime
agricultural land will be taken out of production by the facility, since the existing transmitter and
building site can be returned to production. Modification of the tower removes less than 5,000
square feet of land available for agriculture. All agriculture rights for the property remain with the
owner. Only the building, access road, security fencing and the guy wire anchors use land in such
a manner as to remove it from agricultural use. It is assumed that farming will continue on the
property under the tower as it does with the existing tower.
HEALTH AND SAFETY: The remote location of the facility should ensure that the health,welfare
and safety of the citizens of Weld County are protected. The facility will be constructed in
accordance with all governmental and industry standards. Radio towers are regulated by both the
Federal Communications Commission and Federal Aviation Administration. There are no health
or safety issues of consequence in the proper operation of a radio tower. In particular there is no
significant change in operation from the existing operation to the proposed operation.
COMPATIBILITY: The area surrounding the USR area should not be adversely affected by the
intended use. No homes or other occupied dwellings are located within one mile of the proposed
facility,which is surrounded entirely by agricultural land. The immediate vicinity is not involved in
growth from any towns or cities, and the site is ideal for the intended use due to its remote location.
NO OVERLAYS: The USR area is not within a flood plain, geologic hazard area, or the Weld
County Airport overlay district or any other known overlay district.
WATER SUPPLY: No water is required for this facility.
PROOF OF INTEREST: Copies of the original Dumler lease, the extension thereof, and the
proposed amendment of both are attached hereto as Exhibit D.
NOISE REPORT: Waiver is hereby requested. The facility will not generate any noise.
SOIL REPORT: No need for a soil report is perceived. The soil is adequate to support all
necessary concrete foundations for equipment,and soil tests will be performed by the installers prior
to commencement of construction. The soils within the U.S.R.Area are classified as follows in Soil
Survey of Weld County,Colorado,Northern Part published by the Soil Conservation Service,United
States Department of Agriculture:
Primary Area (tower and building): Terry Sandy Loam, 3 to 9 percent slopes (65)
Other Areas: Cascajo Gravelly Sandy Loam, 5 to 20 percent slopes
(20)
Ascalon Fine Sandy Loam, 6 to 9 percent slopes (5).
- iii -
940537
A copy of the Terry Sandy Loam (65) soil type description, along with a copy of part of Sheet 25
from said Survey, has been submitted herewith.
DRAINAGE REPORT: Don Carroll of the Weld County Engineering Department stated by phone
on April 12, 1994,that he is of the opinion that no drainage report will be necessary, since the area
of new disturbance (one 101'x 101'concrete pad and one 50'x 50'concrete pad) is small and the
access road already exists.
SURFACE OWNERS: A certified list of surface owners of the lands within the USR area, and
within 500 feet thereof, has been submitted herewith.
MINERAL OWNERS: A certified list of the owners of the minerals under the lands within the
USR area has been submitted herewith.
- iv -
940537
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KFCT-iV ENO. FILE NO
PIERCE. COLORADO SITE PROPOSED .
NAME
52/42 X 735• P i R00 INC .
GUYED TOWER
APPPOVEO/SALES on or OATE PLYMOUTH, INDIANA 46563
l Km 01/27/94 •
Er OESCP IPt ION or nEVI310M IEN! OA IE APPROVED/ENG. ARCHIVE Ow0.NO. PAGE
0-23523 10F 7
940537
04/11/94 16: 16 a 303 351 0867 CREWS & ZEREN 02
LIMITED POWER OF ATTORNEY
DENVER TELEVISION, 1NC., dba KDVR, a Colorado corporation whose address is 501
Wazec Street,Denver,CO 80204,does hereby maws constitute
and
apCpoint
WILLIAM
lawful G.CREWS,gent
whose business address is 1223 28th Avenue, Greeley,
d
attorney-in-fact to do,as fully and completely as the corporation itself might do, any and all things
necessary or convenient to obtain a Use by Special Review from Weld County, Colorado, for a
television and FM radio transmission tower, and related building, in the SEY4 of Section 19,
Township 8 North, Range 66 West, 6th P.M., Weld County, Colorado, said tower and building to
be replacements for an existing tower and building. The powers herein granted to William G.Crews
are specifically limited to the powers:
1. to appear on behalf of the corporation before the Weld County Planning Commission, the
Weld County Board of County Commissioners, the Weld County Department of Planning
Services, and such other regulatory or governmental agencies, boards or commissions as
William G.Crews may deem necessary or convenient to obtain the Use by Special Review;
2. To execute applications, amendments, consents, plats, agreements and other documents or
instruments which are necessary to apply for and obtain the contemplated Use by Special
Review;
3. To tender payments on behalf of the corporation; and
4. To do such other acts,whether or not specifically set forth herein, as William G. Crews may
deem necessary to obtain said Use by Special Review.
This Limited Power of Attorney shall remain in full force and effect until a written revocation
of this Limited Power of Attorney has been recorded by the corporation in the real property records
of Weld County, or on August 31, 1994, whichever first occurs. In the event of revocation, a copy
of such revocation shall be sent via certified mail, return receipt requested, to William G. Crews at
his address set forth above.
IN WITNESS WHEREOF, this instrument is executed this /2 day of April, 1994.
D ' .R LEVISION, INC.
by:
R d , Vice President Genera Manager
STATE OF COLORADO
) ss.
CITY & COUNTY OF DENVER )
The torajgtnt; If;lttteuPf t w!s n tawled d before mu this _/07-1111day of April, 1994, by Rod
Bacon as Vice President and General Manner at Denver talovls rtn, nes db*WIPIVi4e$ Colorado
corporation, on behalf of said corporation.
4116 /
Witness my hand and *Ptak**
My commission ices;�\ 4717,40
'O`.A {•'�� �/ , y��
(l(/ Note
•
PO0 :' =
rri•L ... ...
r 'c � 940537
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, WILLIAM E. DUMLER, of
the County of Maricopa, State of Arizona, being the owner of real
property in the County of Weld, State of Colorado more particularly
described as the Southeast Quarter of Section Nineteen (19) ,
Township Eight (8) North, Range Sixty-Six (66) , West of the 6th
P.M. , Weld County, Colorado, have made, constituted and appointed,
and by these presents do make, constitute and appoint, FREDERICK M.
BARMGARTNER of the County of Elbert, State of Colorado and WILLIAM
G. CREWS of the County of Weld, State of Colorado, my true and
lawful Attorneys-in-Fact (hereinafter referred to collectively as
"Agents" and individually as "Agent") for me and in my name, place
and stead to act for me in connection with a Use by Special Review
Application to replace an existing communications tower on a
portion of the above-described property, which application is to be
presented to the County Commissioners of Weld County, Colorado, and
in connection therewith, to sign such application and any other
documents which either of said Agents determines are necessary or
desirable and to do any other act which either of said Agents deems
necessary, proper or desirable in furtherance thereof.
In acting hereunder, either of said Agents shall have full
authority to perform any authorized act individually, and it shall
not be necessary for an Agent so acting individually to notify the
other Agent of such action or to obtain the consent of the other
Agent to such action. It is my expectation and intent that action
taken hereunder will be taken only by one of said Agents and they
will not act jointly.
I hereby give and grant unto each of said Agents full power
and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the
above-described property, as fully to all intent and purposes as I
might do if personally present, with full power of revocation, and
I hereby ratify and confirm all that either Agent shall lawfully do
or cause to be done by virtue of this Limited Power of Attorney.
IN WITNESS WHEREOF, I have set my hand and seal this /2' day
of April, 1994 .
William E. Dumler
940537
STATE OF ARIZONA
ss.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this .At day
of April, 1994, by William E. Dumler.
Witness my hand and official seal.
i
;_BCD- _ . Cm. I2 d, 4/
Notary Public
ALMA M. BA/ R. NOTARY PUBLIC
MARICOPA COUNTY, ARIZONA
MYComm!sebn Expires May10,1991 MY COMMISSION EXPIRES 5/30/94
My commission expires
- 2 -
940537
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, VERA L. DUMLER, of the
County of Maricopa, State of Arizona, being the owner of real
property in the County of Weld, State of Colorado more particularly
described as the Southeast Quarter of Section Nineteen (19) ,
Township Eight (8) North, Range Sixty-Six (66) , West of the 6th
P.M. , Weld County, Colorado, have made, constituted and appointed,
and by these presents do make, constitute and appoint, FREDERICK M.
BARMGARTNER of the County of Elbert, State of Colorado and WILLIAM
G. CREWS of the County of Weld, State of Colorado, my true and
lawful Attorneys-in-Fact (hereinafter referred to collectively as
"Agents" and individually as "Agent") for me and in my name, place
and stead to act for me in connection with a Use by Special Review
Application to replace an existing communications tower on a
portion of the above-described property, which application is to be
presented to the County Commissioners of Weld County, Colorado, and
in connection therewith, to sign such application and any other
documents which either of said Agents determines are necessary or
desirable and to do any other act which either of said Agents deems
necessary, proper or desirable in furtherance thereof.
In acting hereunder, either of said Agents shall have full
authority to perform any authorized act individually, and it shall
not be necessary for an Agent so acting individually to notify the
other Agent of such action or to obtain the consent of the other
Agent to such action. It is my expectation and intent that action
taken hereunder will be taken only by one of said Agents and they
will not act jointly.
I hereby give and grant unto each of said Agents full power
and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the
above-described property, as fully to all intent and purposes as I
might do if personally present, with full power of revocation, and
I hereby ratify and confirm all that either Agent shall lawfully do
or cause to be done by virtue of this Limited Power of Attorney.
IN WITNESS WHEREOF, I have set my hand and seal this jo7, day
of April, 1994 .
Vera L. Dumler
940537
STATE OF ARIZONA
ss.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this/.e., day
of April, 1994, by Vera L. Dumler.
Witness my hand and official seal. C\
Notary Public
ALMA M. BAUR, NOTARY PUBLIC
MARICOPA COUNTY. ARIZONA
My commission expires
�� ' dray301A94 MY COMMISSION EXPIRES 5/30✓9#
- 2 -
940537
41s B 1119 •
02060487 07/11/86 11O4t $30.00 1/010
F 1252 MARY aNN FZUEBSTZIN CURB i RZC0ZDZR MILD CO, CO
LEASE AGREEMENT
AR20604A7 •
This lease is made anc ere:ute^. or, April 1, 1976, by and between William
E. Dumler and Vera L. Dumler, of 13E2E East Bates, Apartment 410, City of
Denver, County of Denver, State of Colorado, herein refereed to as lessor, and
Wells-1"ennessen Tower Company, a partnership organized organized and existing
• under tree laws of Greeley, County of Weld , State of Colorado, herein referred to
as. less::. •
SECTION ONE
DEMISE, DESCRIPTION, AND USE OF FREMISES
•
Lessor leases to lessee and lessee hires from lessor, for the purpose of
conduction therein any lawful business and for no other purpose, those certain
premises with appurtenances, situated in the Southeast Quarter of Secion Nineteen
(19), Township Eign: (6)North, Range sixty-six (66), West of the 6th P.M., Weld
County Colorado. •
As use herein, the term "premises" refers to site, not to exceed more than .
sixteen acres within the total perimeter and no more than sixteen acres within the
total perimeter and no more than two acres reserved for building, guy wire anchors,
and ingress and egress purposes, within the above-described real property and to
any improvements located on that site thereon from time to time during the term hereof ,
The lessee shall cause, at expense and cost of lessee, a survey to be made of the site
to determine tree exact description of tree site subject to this lease.
The lessee shall use the above-described premises for installation and
operation of a 600 foot communications transmission tower with building for control
equipment.
Additionally, in order to protect lessee from any interference with the quality
it of i:• t'-an_..n.'. .,on, , the- le:sdrs agree the lessee shall have the exclusive right to
erect communication facilities on said Southeast Quarter of Section Nineteen (10),
1:':?:'''.-
,,.",. Etna (O)North, Range Stety" tx(00)west of the eat P.M., and no other
ltd a }
ton facilities stall In erected et said Orr Emotion.
.
•
, •. I
.-
t;, • • .
B 1119 RIC 02060487 07/11/86 11i34 830.00 2/010 • /P 1233 WIRY ANN PEOERBTIIN CLERK i RICORDER WELD CO, CO
SECTION TWO .
'FERNS
The initial term of this lease shall be for 20 years, commencing on ,i •
197 , and ending on at, L- 1 ss used herein the expression "term
hereof" refers to such initial term and-to, renewal thereof as hereinaftdrlbvCo-
vided. �,^: ` , •, Vii.r`
,e
t 2.0 SECTION THREE .
•1I�,w(1 RENT
• i i
1 i W. 1 rc lessee s-all pay to lessor, without deduction or offset, at such place
• 'r
or rlacc_ as may be designated from time to time by lessor, in installments as
follows; (a) the rental for the first three years shall be at $60.00 per month;,
(b) a: the end of tne first three years the rental shall increase to $75.00 per_month
an continue until the end of the tenth year; (c)the rental at the end of the tenth year
• snali Increase to $90.00 per month and shall so remain for the balance of the term
7:A
of :rile lease.
The rental to be paid by lessee hereunder shall be subject to adjustment as
follows: (a) in the event that lessee shall exercise its option to renew this lease, lessor
may further require an adjustment in the amount of the rental for all or part of the
renewal term; said adjustment shall be by mutual agreement of the lessor and lessee.
(b)Arbttration in event of dispute. In the event that lessor shall require a rental
adjustment for any such periods, lessor and lessee may agree in writing on the amount
of the rental for tne period in question at any time within 30 days after the giving by
lessor to lessee of written notice of such requirement. If such agreement is not
reaches and signed by both parties within 30 days, then the rental for the period in
question shall be cete rmined by competent and disinterested appraisers, one of whom i
shall be sleeted and raid for by lessor and one seleted and pall lessee. The two
appraisers, so selected snail select a third appraiser, the expense to be born equally
w
by lessor and tenet-, and the three appraisers so selected shall determine the rental
y to be paid by lessee during the ensuing period. (e)Task of appraiser. The appraisers .
9'
•
-
O .. . . ... .1 Mi liyi . ..r ✓L.I I�✓." yM '!Ny 1. i...si'�i: 1 ___
• •
1119 RtC 02060487 07/11/86 11134 $30.00 3/010
F 1254 MARY ANN FEUERSTEIN CLERK 4 RECORDER MELD CO, CO
•
eted snail be instructed Gnat troy are to determine the fair rental value
aldn herein demised for the highest and best use thereof at such time, without •
•
,.cane! to any improvements thereon or the the use then being made of the property
•
fly lessee. The appraisal shall be in writing and copies thereof shall be given to the
lessor and lessee prior to the commencement of the period in question and the findings
of the rental therein determined, which in no event shall be less than the rental then being
paid by lessee. The amount so determined by appraisal shall be the rental for the
remainder of the term of this lease or the option period, as the case may be, or until
further adjustment as provided above.
SECTION FOUR
WARRANTIES OF TITLE AND QUIET POSSESSION
Lessor covenants that lessor is seized of the demised premises in fee simple and
has full right to make this lease and that lessee shall have quiet and peaceable possession
of the demised premises during the term thereof.
•
SECTION FIVE
DELIVERY OF POSSESSION
If lessor, for any reason whatsoever, cannot deliver possession of demised
premises to lessee at the commencement of the lease term, as hereinbefore specified,
this lease shall not be void or voidable, nor shall lessor be liable to lessee for any
loss or damage resulting therefrom; but in that event there shall be a proportionate •
reduction or rent covering the period between the commencement of the lease term and
the time when lessor can deliver possession.
SECTION SIX
USES PROHIBITED
Lessee shall not use, or permit the demised premises, or any part thereof,
to be used, for any purpose or purposes other than the purpose or purposes for which
the demised premises are hereby leased; and no use shall be made or permitted to be
made of the demised premises, or acts done, which will cause a cancellation of any
insurance policy covering the building located on the premises, or any part thereof, •
-3-
•
.
940537
- mot't-i) •
'„lit loses% sell, or permit to be kept, used, or sold, in or about the demised
,Ck
• miser, any article wnich may be prohibited by the standard form of fire insurance
rr,
pot,:is c.. Lessee shall, at its sole cost, comply with all requirements, pertaining to the
• demised premises, of any insurance organization or company, necessary for the
maintenance of insurance,as herein provided, covering any building and appurteanances
at any time located on the demised premises. .,
SECTION SEVEN •
.
WASTE AND NUISANCE PROHIBITED
[hiring the term of tuts lease, lessee shall comply with all applicable laws
•
affe:tiny the demised premises, the breach of which might result in any penalty ;
on lessor or forfeiture of lessor's title to the demised premises. Lessee shall not
commit, or suffer to be committed any waste on the demised premises, or any
'
notsance.
SECTION EIGHT
ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST .
Lessee may encumber by mortgage or deed of trust, or other proper
instrument , its leasehold interest and estate in the demised premises, together (.
with all buildings and improvements placed by lessee thereon, as security for any
indebtedness of lessee. The execution of any such mortgage, or deed of trust, or
other instrument, or the foreclosure thereof, or any sale thereunder, either by
judicial proceedings or by virtue of any power reserved in such mortgage or deed
or trust, or conveyance by lessee to the holder of such indebtedness, or the exercising t
of any right, power, or privilege reseved in any mortgage or deed of trust, shall not
be held as a violation of any of the terms or conditions hereof, or as an assumption by
the holder of such indebtedness personally of the obligations hereof. No such encum-
brance, foreclosure, conveyance, or exercise of right shall relieve lessee of its r
liability hereunder.
B 1119 AEC 02060487 07/11/86 11:34 $30.00 4/010
F 1255 NARY ANN. flVRR8TSIN CLUE $ RRCORDSR MD CO, CO
q_
v
.;;;..s..., i
I
940537
•
•
SECTION NINE
SUBLETTING AND ASSIGNMENT
Lessee may sublet the premises in whole or in part without lessor's consent,
out the making of any such sublease shall not release lessee from, or other wise
affect in any mannery, any of lessee's obligations hereunder. Lessee shall have the
right to assign this lease in any reorganization or corporate re-struction which might
occur in connection with the operation of the above-described premises and uses.
SECTION TEN
TAXES AND ASSESSMENTS
• Specifically and without in any way limiting the generality of the foregoing,
lessee snail not be required to pay any estate, gift, inheritance, succession, franchise,
income, or excess profits, or assessment taxes which may be payable by the lessor
or lessor's legal representative, successors, or assigns, nor shall lessee be
required to pay any tax that might become due on account of ownership of property
i •
other than that herein leased which may become a lien on the property herein leased
•
or collectable out of the same. Further in the event the assessed valuation is increased
by improvements, structures, etc. made by lessee, the lessee will assume the
increase in taxes caused by these improvements.
SECTION ELEVEN
CONSTRUCTION OF NEW BUILDING AND TOWER
Lessee shall have the right to construct or make such alterations, improve-
ments, and changes to any building which may from time to time be on the premises as
lessee may deem necessary, or to replace any such building with a new one of at
least equal value, provided that prior to making such structural constructions or
alterations, improvements, or changes, or to replacing any such building, lessee
•
shall obtain plans Lind specifications therefor, which shall be submitted to lessor
within days prior to commencement of said construction, alterations, improvements,
•
or changes to any building h oretofor described.
Lessee shall have no obligation to restore or replace at the expiration or other
termination of the lease, the building located on the land hereby demised at the
r '• 8 1119 REC 02060487 07/11/86 11:34 $30.00 5/910
F 1256 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
9.4.053'7
• •
4?,• enencement of the term hereof, except that, prior to the time lessee may
•
• .
dem s olish uer, buildtno, lessee shall keep and maintain the same in a condition
comparable to its condition wren delivered to lessee.
remises and all alterations,• Any new building constructed by lessee on the premises,
improvements, chances, or additions made in or to such premises shall be the
property of lessee.
, SECTION TWELVE
UTILITIES
Lessee shall fully and promptly pay for all water, gas, heat, light, power,
telephone service, ano other public utilities of every kind furnished to the premises
throughC+vt ttve term herefor, and all other costs and expenses of every kind whatsoever •
of or in connection with the use, operation, and maintenance of the above-described
premises and uses and all activities conducted thereon, and lessor shall have no
resooneibility of any kind for any thereof.
SECTION THIRTEEN.
INDEMNIFICATION OF LESSOR
Lessor stall not be liable for any loss, injury, death, or damage to persons
or property which at any time maybe suffered or sustained by lessee or by any person
whatsoever may at any time be using or occupying or visiting the demised premises
or be in, on, or about the same, whether such loss, injury, death, or damage shall
•
be caused by or in any way result from or arise out of any act, ommission, or i _
negligence of lessee or of any occupant, sutenant, visitor, or user of any portion of
the premises, or shall result from or be caused by any other matter or thing whether of
the same kind as or of a different kind than the matters or things above set forth, and —
lessee shall indemnify lessor against all claims, liability, loss, or damage whatsoever
on account of any such loss, injury, death, or damage. Lessee hereby waives all
claims against lessor for damages to the building and improvements that are now on
or hereafter placed or built on the premlese and to the property of lessee in, on, or ..
about the premises and to the property of lessee in, on, or about the premises, from
any cause arising at any time. However, the preceeding sentences shall not apply to •
_c_
B 1119 EEC 02060487 07/11/86 11i34 $30.00 6/010 1
F 1257 NARY ANN PEOERBTEIW CLERK & RECORDER WELD CO, CO
• 1 ,
41. • •
f .
death or damage arising by reason of the negligence or misconduct
loss, injury, ,
of lessor, its agents, or employees. -
SECTION FOURTEEN
•
OPTION TO RENEW
Lessor grants to lessee, subject to the conditions set forth below, the right
and option to renew this lease for a period of 20 years, beginning on April 1, 1:- and
expiring on April 1, 1995, at a rental to be determined at the expiration of the above
twenty years. This option must be exercised by the giving to lessor, written notice with-
in 30 days prior to the expiration of the term of this lease.
SECTION FIFTEEN
FIRST RIGHT OF REFUSAL
In the event that the lessors should sell the premises included in the lease the
lessee snail have the first right of refusal to purchase the tower and building site and
ingress and egress easement at the price or proportional price based on acreage of the .-
sale negotiated with others. The lessor must provide bona-fide written contract to
•
from third party, giving thirty,(30)days to meet the same terms ands
purchase property lion i
conditions. If the lessor does not sell to third party, lessee is relieved of oblige
to buy.
SECTION SIXTEEN
DELIVERY OF PREMISES
Lessee shall pay the rent and all other sums required to be paid by lessee
hereunder in the amounts, at the times, and in the manner herein provided, and shall
keep and perform all the terms and conditions hereof on its part to be kept and
performed, and, at the expiration or sooner termination of this lease, peaceably
and quietly quit and surrender to lessor the premises in good order and condition
subject to the other provisions of this lease. In the event of the nonperformance by
the lessee of any ,. the covenants of lessee undertaken herein, this lease may be
terminated as herein provided.
-7-
8 1119 WIC 02060487 07/11/86 11334 ;30.00 7/010 /"
F 1258 MARY ANN FEDERSTEIN CLLRR i RiCORon WELD CO, CO - .. '.,
1
—. _T.. - L
S S
SECTION SEVENTEEN
NOTICE OF DEFAULT
Lessee shall not be deemed to be in default hereunder in the payment of rent
when required herein unless lessor shall first give to lessee thirty (30)days' written ,.
• notice of default and lessee fails to cure such default within sixty (60) days. '
SECTION EIGHTEEN•
DEFAULT• A default for purposes of this contract for lease shall be construed as the ! •
lessee's failure to Co or perform any act or obligation herein provided by it to be done
or performed, eubdea to the above written notice requirement from the lessor.
SECTION NINETEEN
LESSEE'S OPTION TO TERMINATE
Lessee shall have the right, by written notice to lessor given at least sixty
(60) days prior to (a)the expiration of the first year period of they term hereof
thereafter, to terminate this lease and surrender its leasehold interest hereunder on such
to
lessor, effective on the expiration of such one year or two year period'
and effective date lessee shall be relieved from all further liability hereunder, and shall
deliver possession of the demised premises to lessor.
SECTION"TWENTY +
SURRENDER OF LEASE
The voluntary or other surrender of this lease by lessee, or a mutual
cancellation hereof, shall noc work a merger, and shall, at the option of lessor,
terminate all or any existing subleases or subtenancies, or may, at the option of
lessor, operate as an assignment to it of any or all such subleases or subtenancies.
SECTION TWENTY-ONE
EFFECT OF LESSEE'S HOLDING OVER
• Any holding over after the expiration onhe term of this lease, with consent of
lessor, Oval tx ccnstrued to be a tenancy from month to month, at the same monthly
-8-
B 1119 REC 02060487 07/11/86 11i34 $30.00 8/010
F 1259 MARY ANN FEUERSTEIN CLERK a. RECORDER WELD CO, CO
get td Oy lessee for the period immediately prior to the
76•
tdl ac req.r.r d LO pi pa••
expiration of tn: term hereof, and shall other wise be on the terms and conditions
herein spec%fied, so far as applicable.
SECTION TWENTY-TWC
TIME OF THE ESSENCE i.
T wileis of the essence of this lease, and of each and every covenant, term,
condition, an: provision hereof.
B 1119 REC 02060487 07/11/86 11�3i .00 9/010
F 1260 MARY ARM FR0RRRTRIM CLRR1 i RRC0A53$30 R=LD CO, CO
_g_
f •
f
In w:n:
.,.. whereof, the parties have executed this lease at Greeley,
poloradr cn 1i"' dny and year first above written.
.
- -
WILLIAM E. DUMLER
r 1 -1—iii------
U .
VERA L. DUMLER •
(---.c.----p i .
WELL 'TENNESSEN TOWER COMPANY
• STATE OF COLORADO)
) Sc
COUNTY OF WELD )
The foregoing Lease Agreement was acknowledged before me this • . i /
day of , 1975 by WILLIAM E. DUMLER.
WITNESS my hand and official seal.
My commission expires:
Notary Public :• STATE OF COLORADO) "
) ss
COUNTY OF WELD ) '
The foregoing Lease Agreement was ackwoledged before me this
day of , 1975 by VERA L. DUMLER.
WITNESS my hand and official seed.
My commission expires:
---------------
Notary Public
•
STATE OF COLORADO) '
) Ss
• COUNTY OF WELD )
TM" foregoing Lease Agreement was acknowledged before me this
day of , 1975 by WELLS - TENNESSEN TOWER COMPANY. •
•
WITNESS my hand and official seal. •
My commission expires: "
f
Notary Public I
_io-
A 1119 AEC 02060487 07/11/86 11:34 $30.00 10/010 ,
P 1261 MARY ANN FLUERSTETN CLEAR b RECORDER WELD CO, CO
- • 8
LEASE EXTENSION AGREEMENT
w THIS AGREEMENT, is entered into on the jr day of
''llaau` w4 ' 1992 between William E. bumler and Vera
L. Dumlen of Denver, Colorado, herein referred to as
"lessor" , and Wells - Tennessen Tower Company, a partnership
of Greeley, Colorado, herein referred to as "lessee" .
U
RECITALS
The parties recite and declare:
A. Lessor and lessee are the parties to a lease
agreement dated April 1 , 1975 in which lessor leased to
lessee a portion of the following described premises :
Southeast Quarter of Section Nineteen (19) Township (8)
North, Range sixty-six (66) , West of the 6th P.M. , Weld
County, Colorado.
B. Pursuant to the terms of the lease, the rental is
$90 per month and was to continue at that rate until
April 1, 1995 .
C. Lease payments have been made through March 31 ,
1993 .
D. The parties desire to extend the term of the lease
for an additional ten years and to modify the rental amount
commencing April 1 , 1993 .
IN CONSIDERATION of the mutual covenants contained in
this agreement, the parties agree as follows :
1 . The expiration date set forth in the lease of
April 1 , 1995 is hereby extended to April 1 , 2005 and all
references in the lease to the date April 1, 1995 are hereby
amended to read April 1 , 2005 .
2. Commencing April 1 , 1993 , the rental shall
increase to $110 per month for a period of five years . At
the end of the five year period, the rental shall increase
to $125 per month for the balance of the term of the lease.
3 . Except as modified by this agreement, all of the
terms and conditions contained in the lease agreement dated
April 1, 1975 shall remain in full force and effect.
A
940537
IN WI ESS WHEREOF, the parties ' !e executed this
lease extension agreement on the date f(
set forth above.
•/ X U/12/1,ri,d/ /
William E. Dumler
Vera L. Dumler
Wells - Tennessen Tower Company
By Jo eph J. Tennessen
STATE OF COLORADO )
COUNTY OF ) ss.
The foregoing Lease Extension Agreement was
acknowledged before me this (0 day of 1fluted.
1992 by William E. Dumler.
•
WITNESS my hand and official seal.
My commission expires :
Notary Public
STATE OF COLORADO )
COUNTY OF ) ss.
The foregoing Lease Extension Agreement was
acknowledged before me this /QLt., day of "rha,(7
1992 by Vera L. Dumler.
WITNESS my hand and official seal.
My commission expires :
Notary Public
STATE OF COLORADO-. )
COUNTY OF ( , -2F(l_-7 ) ss.
The foregoing Lease Extension Agreement was
acknowledged before me this /O day of /'' eC..q
1993 by Wells - Tennessen Tower Company, a partner4hip, by
Joseph J. Tennessen.
WITNESS my hand and official seal.
My commission expires :
/ s „-- ( . .'5; 1 .
Notary Public
940537
ATTACHMENT C
Wells-Tennessen Tower Co.
P. O. Box K
Greeley, Colorado 80632
Fred Baumgartner
Chief Engineer
KDVR
501 Wazee
Denver, CO 80204
Dear Mr. Baumgartner
It is the intent of Mr. Bob Wells and Mr. Joe Tennessen,
partners and sole owners, to sell Wells-Tennessen Tower
Company for $170,000 to Denver Television Inc.
Joe Tennessen
J
Managing Partner
940537
ADDENDUM TO LEASE AGREEMENT
This Addendum is entered into on the day of , 1994,
by and between Denver Television, Inc. , a Delaware corporation
("Lessee") , and William E. Dumler and Vera L. Dumler of Denver,
Colorado ("Lessor") .
RECITALS
The parties recite and declare:
A. On April 1, 1975, Lessor and Wells-Tennessen Tower
Company ("Wells-Tennessen") entered into a lease agreement
("Original Lease") in which Lessor leased to Wells-Tennessen a
portion of the following-described premises: Southeast Quarter of
Section Nineteen (19) , Township Eight (8) North, Range Sixty-six
(66) , West of the 6th P.M. , Weld County, Colorado.
B. On May 10, 1993 , a lease extension agreement was entered
into between Lessor and Wells-Tennessen ("Extension Agreement")
extending the term of the Original Lease for an additional ten (10)
years (i.e. to April 1, 2005) and modifying the rental amount,
beginning April 1, 1993 , to One Hundred Ten Dollars ($110. 00) per
month for a five (5) year period and then to One Hundred Twenty-
Five Dollars ($125. 00) per month for the balance of the lease term.
Whenever reference is made to the "Original Lease", it shall mean
and include the terms and provisions of the Extension Agreement.
C. Wells-Tennessen has agreed to assign all of its right,
title and interest in the Original Lease to Lessee subject to
certain specified contingencies.
D. Lessor and Lessee desire to modify certain provisions of
the Original Lease. This Addendum, together with the Original
Lease, shall collectively be referred to as the "Lease" .
IN CONSIDERATION of the mutual covenants contained in this
Addendum, the parties agree as follows:
1. TEEM
The expiration date of April 1, 2005 set forth in the Original
Lease is hereby extended to April 1, 2024, and all references in
the Original Lease to the lease expiration date are hereby amended
to read April 1, 2024.
2. RENTAL
Commencing upon the effective date of this Addendum, the
rental rate shall increase as follows: (a) the rental rate for the
first five (5) years shall be Two Hundred Twenty Dollars ($220. 00)
per month; (b) at the end of the first five (5) years, the rental
rate shall increase to Two Hundred Fifty Dollars ($250. 00) per
)d nza °f °H b; L HAN ' H3ddw 9C0E ?E onn 940537
month and shall continue until the end of the tenth (10th) year;
(c) the rental rate at the end of the tenth (10th) year shall
increase to Three Hundred Dollars ($300.00) per month and shall
continue until the end of the twentieth (20th) year; (d) at the end
of the twentieth (20th) year, the rental rate shall increase to
Four Hundred Dollars ($400. 00) per month and shall so remain for
the balance of the term of the Lease.
3. LUMP-SUM PAYMENT
On the effective date of this Addendum, as additional rental
consideration, Lessee shall pay to Lessor the sum of Two Thousand
Five Hundred Dollars ($2,500. 00) .
4. PREMISES
The leased premises shall be that real property generally
described as follows:
Township 8 North. Range 66 West. 6th P.M.
Section 19: A tract in the SE% more particularly
described as commencing at the SE's corner
of said Section 19, thence West 1, 216
feet to the True Point of Beginning,
thence North 1, 600 feet, thence West
1, 490 feet, thence South 1, 600 feet,
thence East 1, 490 to the Trust Point of
Beginning, containing 54. 73 acres, more
or less
(the "Premises") . The Lessee shall cause, at its expense, a survey
to be made of the Premises to determine the exact legal description
of the site subject to the Lease.
The Lessee shall use no more than two acres of the real
property included in the Premises for location of the tower and the
transmitter building. Additional acreage within the Premises may
be used for ingress and egress purposes, guy wires and anchors and
to provide sufficient area for a "clean fall area" (i.e. in the
event the tower should fall, an area sufficient to contain the
fallen tower within the Premises) .
Lessor shall have the right, during the term of the Lease, to
farm all of the acreage included within the Premises except the
two-acre parcel designated for the tower and transmitter building
and that additional acreage used for ingress and egress purposes
and for guy wires and anchors, all in accordance with a site plan
to be prepared by Lessee within sixty (60) days after the effective
date of this Addendum. Such site plan, once prepared and given to
Lessor, shall be incorporated into the Lease.
Lessor shall not be responsible for any payment to Lessee for
the right to farm the Premises as permitted herein. Lessor shall
2
.0 °A I HOW '8 HOeVW 2C0C FP mnr r nnrnr `" 94U.k1
have the sole r —hponsibility for its farn, g activities on the
Premises. Any n�.Aage caused to Lessor, including damage to crops
and equipment, shall be the obligation and expense of Lessor, and
Lessee shall have no liability whatsoever for such damage. Lessor
shall indemnify Lessee against any and all claims and demands for
damages to property and injury or death which may arise out of or
be caused by such farming activities on the Premises or by any
other acts or omissions by Lessor, its agents, employees, invitees
or others on the Premises at the instance of Lessor.
Lessor shall carry adequate insurance to protect the parties
hereto against any and all claims, demands, actions, judgments,
costs, expenses and liabilities which may arise or result, directly
or indirectly, from Lessor's use of the Premises, except such
liability as shall arise out of the negligence of Lessee. Lessor
shall be named as an additional insured. The amounts of such
insurance against liability due to damage to property shall be One
Million Dollars ($1, 000, 000. 00) as to any one occurrence and
against liability due to injury or death of person, One Million
Dollars ($1, 000, 000. 00) as to any one person and One Million
Dollars ($1,000,000. 00) as to any one occurrence. Lessor shall
also carry such insurance as will protect it from all claims under
any workmens' compensation laws in effect that may be applicable to
Lessor. All insurance required hereunder shall remain in force so
long as Lessor farms the Premises as permitted herein.
Upon request, Lessor shall, so long as the Lease shall remain
in force, provide to Lessee current certificates of insurance
evidencing that such insurance is in full force and effect.
5. PURPOSE
Lessee shall use the Premises for installation and operation
of a communications transmission tower, with a maximum height of
735 feet, including, in addition to such tower, a transmitter
building, roadways and such accessory buildings and equipment as
are necessary for operation of the tower.
6. CONSTRUCTION OF NEW TOWER
Lessor and Lessee specifically acknowledge that Lessee intends
to remove the existing tower from the Premises and construct a new
tower and transmitter building thereon. Lessor hereby gives
consent to Lessee for such removal and new construction.
7. OPTION TO RENEW
Lessor grants to Lessee, during the term of the Lease, the
right and option to renew the Lease for a period of twenty (20)
years, commencing on April 1, 2024 and expiring on April 1, 2044 ,
at a rental rate to be determined at the expiration of the term of
the Lease (i.e. April 1, 2024) in accordance with the provisions of
Section Three of the Original Lease. This option must be exercised
3
'd t HO?JVW 9000 Z9b COO I 60 91 61-b0-b661
940537
by giving to Lessor written notice within thirty (30) days prior to
the expiration of the term of the Lease.
S. EFFECTIVE DATE
This Addendum is contingent upon the occurrence of all of the
following events within nine (9) months of the execution of this
Addendum:
(a) Assignment by Wells-Tennessen to Lessee of all of its
right, title and interest in the Original Lease;
(b) Land use approval by Weld County of Lessee's proposed use
of the Premises for its tower and related buildings and equipment;
(c) Approval by the Federal Communications Commission and by
the Federal Aviation Administration of Lessee's proposed tower on
the Premises.
This Addendum shall take effect upon satisfaction of all of
the above-referenced contingencies. Lessee shall, within nine (9)
months of the execution of this Addendum, give Lessor written
notice of the date on which such contingencies have been met. In
the event such notice is not so given, this Addendum shall be null
and void and of no effect whatsoever. Whenever reference is made
herein to the effective date of this Addendum, it shall mean that
date set forth in the notice required herein to be sent by Lessee.
9. CONTINUATION OF ORIGINAL LEASE
Except as modified by this Addendum, all of the terms and
conditions contained in the Original Lease dated April 1, 1975,
including the Lease Extension Agreement dated May 10, 1993 , shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Addendum on
the date set forth above.
LESSOR
William E. Dumler
Vera L. Dumler
LESSEE
DENVER TELEVISION, INC. , a Delaware
corporation
By:
Rod Bacon, Vice President and
General Manager
4
I HOeriW aeon ?8h car . • 94053-'7
STATE OF ARIZONA
ss.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day
of , 1994, by William E. Dumler.
Witness my hand and official seal.
Notary Public
My Commission expires
STATE OF ARIZONA
ss.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day
of , 1994, by Vera L. Dumler.
Witness my hand and official seal.
Notary Public
My Commission expires
STATE OF COLORADO )
ss.
COUNTY OF DENVER )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day
of , 1994, by Rod Bacon as Vice President and General Manager
of Denver Television, Inc.
Witness my hand and official seal.
Notary Public
My Commission expires
5
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APPROVED/SALES OR Er OAIE +PLYMOUTH. INDIANA 46563
NCN 01/27/94 •
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FOX 31, 501 Wazee Street
K D V R • DENVER Denver, Colorado 80204-5859
THE FOX OFTHE ROCKIES Phone(303)595-3131 Fax(303)595-8312
April 12, 1994
Weld County Board of Commissioners
Weld County Administrative Offices
1400 N. 17th Avenue
Greely, Colorado 80631
Dear Sirs:
On 14 April 1994, Denver Television Inc., at the request of the Weld County Planning
Commission, filed a Use by Special Review Application to increase the height of an existing tower
4 miles West of Pierce from 605 feet to 735 feet. The alteration would permit us to extend our
TV signal into Weld County.
Our goal is to complete work before our first football game of the season(Bronco's vrs.
Sacramento). In order to accomplish this we must start construction by the end of May. Should
there be any reason not to increase the height of the tower, we would make field modifications as
required and we would need to know to make those modifications as soon a possible. To this end,
we request permission to pre-advertise.
Sincer y,
Frederick M. Baumgartner
Engineering Manager
940537
,FOX 3'1, 501 Wazee Street
KDVR • DENVER Denver,Colorado 80204-5859
THE Fox OFTHE ROCKIES Phone(303)595-3131 Fax(303)595-8312
April 12, 1994
Greg Thompson
Current Planner
Weld County Administrative Offices
1400 N. 17th Avenue
Greely, Colorado 80631
Dear Mr. Thompson:
With any luck, this filing should be in your hands by noon 14 April 1994 along with the $1,000.00
filing fee. I understand from our discussion that this would then go to the Planning commission on
17 May and barring any obstacles, on to the County Commissioners in early June. Further, in
order to expedite the process, we would ask to pre-advertise and request a building permit as per
our discussion.
An extremely brief letter, asking for pre-advertisement, is included.
As for the building permit; you have a document in your possession dated 15 February 1994 and a
check for $1334.50 to cover its processing costs. I would ask that the plot drawings from this
special review application be substituted for those in the building permit request, and a building
permit issued as soon as practical. As with our 14 March 1994 request for an expedited release of
a building permit, we understand that it is conditional and that the sole issue of substance is the
increase in tower height. In addition, the 14 March 1994 request included a $35.00 permit fee. We
need to pour foundations and begin building construction as soon as possible with an absolute
latest start of construction date in May. If the tower can not be extended in height, it would be
modified in the field to the new lower height.
Further, I believe that I need to purchase signs and some other minor expenses. I will call you on
Monday 18 April to get those amounts and hand deliver the checks to you on Tuesday 19 April. I
can also post the signs that same day.
I appreciate your assistance in this manner.
After completing the special review application, I observe that there is little or nothing in the
special review process, including the referral agencies, that has any bearing on the core issues of
replacing an existing tower with a slightly taller one. Even at this point I would ask that you
reconsider the special review requirement. We will of course follow your wishes to the best of our
ability.
Sincerely,
Frederick M. Baumgartner
Engineering Manager
9140537
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Weld County, Colorado, Northern Part 43
average annual production of air-dry vegetation ranges Permeability of this Terry soil is moderately rapid.
from 800 to 2,000 pounds. Available water capacity is moderate. Effective rooting
If the range is overgrazed, the proportion of preferred depth is 20 to 40 inches. Runoff is slow, and the hazard
forage plants decreases and the proportion of less of water erosion is moderate to high. The hazard of soil
preferred forage plants increases. Therefore, livestock blowing is moderate.
grazing should be managed so that the desired balance This unit is used as rangeland.
of preferred species is maintained in the plant The potential plant community on this unit is mainly
community. blue grama, sand dropseed, prairie sandreed, and
Range seeding is suitable if the range is in poor needleandthread. The average annual production of air-
condition. The plants selected for seeding should meet dry vegetation ranges from 700 to 1,800 pounds.
the seasonal requirements of livestock or wildlife, or If the range is overgrazed, the proportion of preferred
both. Other management practices that are suitable for forage plants decreases and the proportion of less
use on this unit are proper range use, deferred grazing, preferred forage plants increases. Therefore, livestock
and rotation grazing. If the plant cover is disturbed, grazing should be managed so that the desired balance
protection from soil blowing is needed. Loss of the of preferred species is maintained in the plant
surface layer results in a severe decrease in productivity community.
and in the potential of the soil to produce plants suitable Range seeding is suitable if the range is in poor
condition. The plants selected for seeding should meet
for grazing.
This unit is suited to winter wheat, barley, oats, and the seasonal requirements of livestock or wildlife, or
sorghum. Because precipitation is not sufficient for both. Other management practices that are suitable for
annual cropping, a cropping system that includes small use on this unit are proper range use, deferred grazing,
grain and summer fallow is most suitable. Precipitation and rotation grazing. If the plant cover is disturbed,
protection from erosion is needed. Loss of the surface
usually is too low for crops on this unit to make efficient
use of fertilizer. layer results in a severe decrease in productivity and in
the potential of the soil to produce plants suitable for
Maintaining crop residue on or near the surface
grazing.
reduces runoff, reduces soil blowing, and helps to
This unit is well suited to windbreaks and
maintain soil tilth and organic matter content. Stubble-
environmental plantings. The main limitations are
mulch farming, striperopping, and minimum tillage help to
restricted rooting depth and low available water capacity.
control erosion and conserve moisture. Terraces reduce
Supplemental irrigation may be needed when planting
runoff and the risk of erosion and help to conserve
moisture. and during dry periods. Summer fallow, cultivation for
• weed control, and selection of adapted plants are
This unit is well suited to windbreaks and
needed to insure establishment and survival of
environmental plantings. The main limitations are
seedlings.
restricted rooting depth and low available water capacity.
Supplemental irrigation may be needed when planting This map unit is in Sandy
Plains l subclass i e.
and during dry periods. Summer fallow, cultivation for
nonirrigated, and in Sandy range site.
weed control, and selection of adapted plants are 66—Thedalund-Keota loams, 0 to 3 percent slopes.
needed to insure establishment and survival of This map unit is on moderately dissected alluvial fans,
seedlings. upland ridges, and plains.
This map unit is in capability subclass IVe, This unit is about 45 percent Thedalund loam and
nonirrigated, and in Sandy Plains range site. about 35 percent Keota loam. The components of this
unit are so intricately intermingled that it was not
65—Terry sandy loam, 3 to 9 percent slopes. This practical to map them separately at the scale used.
moderately deep, well drained soil is on moderately Included in this unit is about 20 percent Epping silt
dissected to highly dissected plains. It formed in loam, Kim loam, Mitchell silt loam, and Shingle clay
calcareous sandy residuum derived from sandstone. loam. Also included are some areas of Rock outcrop.
Typically, the surface layer is grayish brown sandy Included areas make up about 20 percent of the total
loam 5 inches thick. The subsoil is sandy loam 12 inches acreage.
thick. The substratum is calcareous loamy sand 15 The Thedalund soil is moderately deep and well
inches thick. Sandstone is at a depth of 32 inches. drained. It formed in calcareous loamy residuum derived
Depth to sandstone ranges from 20 to 40 inches. from fine grained sandstone, shale, and siltstone.
Included in this unit are small areas of Olney fine Typically, the surface layer is grayish brown loam 3
sandy loam, Vona sandy loam, and Tassel loamy fine inches thick. Below this is loam 22 inches thick.
sand. Also included are small areas of soils that have a Sandstone is at a depth of 25 inches. Depth to
subsoil of sandy clay loam and have sandy shale at a sandstone, shale, or siltstone ranges from 20 to 40
depth of 20 to 40 inches and soils that have slopes of inches. The soil is calcareous throughout.
less than 3 percent. Included areas make up about 15 Permeability of the Thedalund soil is moderate.
percent of the total acreage. Available water capacity is moderate. Effective rooting
940537
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SCALE 124000
WELD COUNTY,COLORADO, NORTHERN PART NO. 25
940537
fiet
\, DEPARTMENT OF PLANNING SERVICES
' PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAAVENUEO631
COLORADO 80631
COLORADO
Date: April 15, 1994 CASE NUMBER: USA-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, TSN, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does 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. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
Date:
• EXHIBIT
940537
REFERRAL LIST
NAME: Denver Television, Inc. , dba KDVR CASE NUMBER: USR-1047
REFERRALS SENT: April 15, 1994 REFERRALS TO BE RECEIVED BY: April 29, 1994
COUNTY TOWNS and CITIES
Attorney _Ault
X Health Department _Brighton
Extension Service ____Broomfield
X Emergency Management Office Dacono
Sheriff's Office ____Eaton
. X Engineering Erie
_Housing Authority _Evans
X Airport Authority Firestone
Building Inspection Fort Lupton
Frederick
STATE _Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
_
_Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
_
Water Conservation Board Keenesburg
_
Oil and Gas Conservation Commission Kersey
_
La Salle
FIRE DISTRICTS _Lochbuie
Ault F-1 Longmont
Berthoud F-2 _
_ Mead
Briggsdale F-24 Milliken
_Brighton F-3 New Raymer
Eaton F-4 Northglenn
Fort Lupton F-5 Nunn
_
Galeton F-6 X Pierce
Hudson F-7 Platteville
_
Johnstown F-8 Severance
La Salle F-9 ____Thornton
Mountain View F-10 _Windsor
_
Milliken F-11
_
. X Nunn F-12 COUNTIES
Pawnee F-22 ____Adams
Platteville F-13 Boulder
_
Platte Valley F-14 Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
_
Windsor/Severance F-17 USDA-APHIS Veterinary Service
_
Wiggins F-18 . X Federal Aviation Administration
_
Western Hills F-20 X Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Dist. ____Brighton
Panhandle Eastern Pipe Line Co. Fort Collins
Tri-Area Planning Commission Greeley
. X Weld County Communications Longmont
West Adams
COMMISSION/B ARD MEMBER
• -thrkd �&TAW • EXHIBIT
3
940537
re f \ DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
lige WELD COUNTY ADMINISTRATIVE OFFICES
i 1400 N. 17TH AVENUE
GREELEY,EY, COLORADO 80631
COLORADO
April 15, 1994
EXHIBIT
William G. Crews
Crews and Zeren
1223 28th Avenue, Suite 2
Greeley, CO 80631
Subject: USR-1047 - Request for a Site Specific Development Plan and a Special
Review permit for a 738 foot guyed communications tower in the A
(Agricultural) zone district on a parcel of land described as the 5E4 of
Section 19, T8N, R66W of the 6th P.M. , Weld County, Colorado.
Dear Mr. Crews:
Your application and related materials for the request described above are complete
and in order at the present time. I have scheduled a meeting with the Weld County
Planning Commission for May 17, 1994, at 1:30 p.m. This meeting will take place in
the County Commissioners' Hearing Room, first floor, Weld County Centennial Center,
915 10th Street, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission
members might have with respect to your application.
It is the policy of Weld County to refer an application of this nature to any town
or municipality lying within three miles of the property in question or if the
property under consideration is located within the comprehensive planning area of a
town or municipality. Therefore, our office has forwarded a copy of the submitted
materials to the Town of Pierce Planning Commission for its review and comments.
Please call Lois Souther at 834-2851, for further details regarding the date, time,
and place of this meeting. It is recommended that you and/or a representative be in
attendance at the Pierce Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
It is the responsibility of an applicant to see that a sign is posted on the property
under consideration at least 10 days preceding the hearing date. Sometime prior to
May 5, 1994, you or a representative should call me to obtain a sign to be posted on
the site no later than May 7, 1994. The sign shall be posted adjacent to and visible
from a publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, the
applicant shall post one sign in the most prominent place on the property and post
a second sign at the point at which the driveway (access drive) intersects a publicly
maintained road right-of-way. Your sign posting certificate must be returned to the
Department of Planning Services' office on or before the date of the hearing.
940537
Denver Television, Inc. , dba KDVR
April 15, 1994
Page 2
The Department of Planning Services' staff will make a recommendation concerning this
application to the Weld County Planning Commission. This recommendation will be
available twenty-four (24) hours before the scheduled hearing. It is the
responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
Todd es/
Current Planner /
d EXHIBIT
940537
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
Will WELD COUNTY ADMINISTRATIVE OFFICES
C. 1400 N. 17TH AVENUE
GREELEYEY, COLORADO 80631
COLORADO
DATE: April 15, 1994
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: USR-1047
There will be a Public Hearing before the Weld County Planning Commission on Tuesday,
May 17, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the
request of:
NAME: Denver Television, Inc. , dba KDVR
FOR: A Site Specific Development Plan and a Special Review permit for a 738 foot
guyed communications tower in the A (Agricultural) zone district.
LEGAL DESCRIPTION: A tract of land in the SE4 of Section 19, TAN, R66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 90; approximately 1/3 mile west
of Weld County Road 27.
Your property is within five-hundred (500) feet of the property on which this request
has been made or you may have an interest in the minerals located under the property
under consideration. For additional information write or telephone Todd Hodges,
Current Planner.
Comments or objections related to the above request should be submitted in writing
to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley,
Colorado 80631, on or before the date of public hearing.
+ EXHIBIT
940537
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/INTEREST OWNERS
Denver Television, Inc. , dba KDVR
USR-1047
William E. and Vera L. Dumler
13626 E. Bates Avenue, #410
Aurora, CO 80014
Brown Grain & Livestock, Inc.
13557 Weld County Road 88
Pierce, CO 80650
Union Pacific Land Resources Corporation
P.O. Box 7
Fort Worth, TX 76101
EXHIBIT
940537
AFFIDAVIT OF INTEREST OWNERS
SURFACE OF USR AREA AND ADJACENT SURFACE ESTATES
Use by Special Review Application
Denver Television, Inc., dba KDVR
Subject Property: Township 8 North, Range 66 West, 6th P.M., Weld County, Colorado
Section 19: A tract in the SE'/, more particularly described as
commencing at the SE'/, corner of said Section 19, thence
West 1,216 feet to the True Point of Beginning, thence North
1,600 feet, thence West 1,490 feet, thence South 1,600 feet,
thence East 1,490 to the True Point of Beginning, containing
54.73 acres, more or less.
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
THE UNDERSIGNED,being first duly sworn upon his oath,deposes and states that to the
best of his knowledge the following is a true and accurate list of the names, addresses and the
corresponding Parcel Identification Numbers assigned by the Weld County Assessor of the owners
of property (the surface estate) both within the USR Area and within five hundred (500) feet of the
specific property of the proposed Use by Special Review Area. This list was compiled from the
records of the Weld County Assessor within thirty (30) days of the submission date of the
application.
Surface owner of USR Area only:
0553-19-0-00-005
William E. and Vera L. Dumler
13626 E. Bates Avenue, #410
Aurora, CO 80014
Surface owners of property within 500 feet of the USR Area:
0553-19-0-00-005 0553-19-0-00-005
William E. Dumler and Vera L. Dumler Brown Grain & Livestock, Inc.
13626 E. Bates Avenue, #410 13557 WCR 88
Aurora, CO 80014 Pierce, CO 80650
William G. Crews
Certified Professional Landman#3477
Subscribed and sworn to before me this 13th day of April, 1994.
My commission expires:
��_ �� • EXHIBITI Notary Public
940537
KDVR •
501 Wazee -
Denver, Colorado 80204 ®it Renaissance Communications Corp.Station
303-595-3131
Tuesday-February 15,1994-4:31pm
Fred Baumgartner
Greg Thompson Engineering Manager
Current Planner
County
Weld Administrative Offices ' 501 Wazee,Denver,Colorado 80204
t<
1400 N. 17th Avenue V R FAX(303)595-8312 Phone(303)595-3131
Greely, Colorado 80631 _ _ _ __
Dear Mr. Thompson:
I had the opportunity to meet with you briefly about three weeks ago. We are ready to file for the
building permit that would allow us to replace the existing tower outside of Pierce. The intention
of this request is to place a stronger tower on the site, approximately 100 feet from the existing
tower to hold an additional TV antenna for KFCT-TV Channel 22. This new TV transmitter
would be operated by KDVR-TV in Denver.
Enclosed please find the processing fee of$1334.50 based on a construction price of$250,000
with $10,000 in additional electrical.
I am aware that this application is unusual in that tower replacements are not common. Most of
the cost and the impacts concern the replacement tower itself The replacement tower has the
same color, lighting and face width as the existing tower, however the existing tower is 605 feet
tall and the replacement tower would be 735 feet tall. The original tower height was chosen
because it was a standard tower size, the new height is chosen for technical reasons (the height of
the air control floor, coverage, and accommodating up to four FM transmitters and one TV
antenna).
The tower replacement is necessary due to the age (20 years) and the original design, which is
loaded to it's limit. The replacement scenario accommodates the increasing demand for tower
space without requiring another tower site, or creating a facility that is significantly different from
the original.
Permit me to go over the requirements of your process:
1. SEPTIC PERMIT: There will be no plumbing facilities as this site will not be occupied. Traffic
to and from the site is very limited and consists solely of maintenance staff.
2. PROOF OF LAND OWNERSHIP: The land is owned by William E Dumler and Vera L.
Dumler. This property is leased from them by the Wells-Tennessen Tower Company. A copy of
the lease and it's extension are attached (attachment A&B). The agreement provides for the
routine replacement of the tower and building.
In turn, the Wells-Tennessen Tower Company wishes to assign it's rights and lease to Denver
Television Inc., dba KDVR-TV31 (attachment C).
1
The sale documents are being prepared by March and Myatt of Fort Collins and are contingent
upon receiving approval from the FAA, FCC, Weld County, and any other governmental body
which holds jusidiction over this matter.
A copy of the initial letter to Greg Thompson is attachment D.
3. PLOT PLAN: Attachment E. is a plot plan indicating the existing structures and the
replacement structures.
4. THREE SETS OF DRAWINGS: Attachment F is a sketch of the existing and proposed
tower. The proposed building is a single 50 x 50 foot metal or block building with a single entry
door and a single overhead door. There are no room dividers, plumbing, windows, fireplaces, or
other features. Heating and Cooling will be accomplished via a platform mounted set of air
handlers and heat exchangers. The building is single story. Attachment I are the proposed building
elevations.
I have not supplied a foundation plan for the building at this point. It is essentially a floating slab
construction, typical of industrial metal buildings. The foundations for the tower will be
determined by soil tests made just prior to construction following FAA approval. The chosen
tower manufacturer will supply all engineering, which is typical of this kind of project.
Given the simple building, I have not included Cross Sections, Roof Plans, Floor Framing, or
Floor Plans.
5. LOCATION AND SURVEY
The site is situated in the Southeast Quarter of Section Nineteen(19), Township Eight (8)North,
Range sixty-six(66), West of the 6th P.M., Weld County Colorado, approximately three miles
East of Pierce. Attachment H is a certified survey of the site.
Attachment E is a plot plan of the site. The existing setbacks will be maintained.
6. OTHER CONCERNS:
The building is to be located on undisturbed soil. Appropriate soil tests will be made prior to
construction. The existing over head three-phase power will be extended to the new building.
There will be no appreciable noise, as the equipment is electronic and essentially quiet. The
HVAC is typical of a building of this size with a well regulated interior environment.
I am willing to meet with you at most any time, or discuss the application by phone. I'll look
forward to your call.
Sinc rely,
Fre rick M. Baumg ner
Engineering Manager
2
Attachments:
A. Land Lease
B. land Lease extension
C. Letter of intent to sell
D. Copy, Letter to Greg Thompson.
E. Plot Plan
F. Tower Sketch existing versus proposed
G. Tower bid and mechanicals
H. Certified Survey
I. Building Plan
3
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LEASE _ >+� MEN7
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n William Pe '
t y and between "4 , 1I _ ..
7v b
(,,,•.::.!,:v4,:::'; ' -. Thi5 led8i• 13 ,nadf and ere toted o^.April 1, 19 > by Y
R .
of 13:i2e East Bates, Apartment 410, City of .
E. Dumler and Vera L. Dumler,
a
i �,
G_n;rer, County of Dt^Uerr Stet- of Colorado, herein referred to as lessor, and t rf q+t'd
• 1 a rtnership organized organized and existing •. t,�, z'$+
VI/enc.-1'�.;nne ssen Tower Company, Pab
F' State of Colorado, herein referred to ,CS
Wof Greeley, County of Weld , '4,+ i• ti
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under [ni laws G Yr I�t
U as lessee. ,..1.-L
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F SECTION ONE < _yI4,
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DEMISE, DESCRIPTION, AND USE OF PREMISES �
r se of rF
f !l
K t� t4i
.4 t � Lessor leases to lessee and lessee hires from lessor, for t t � .�
.Ca e se, those certain ' ..
1,%;1\';',,,'.1...,,,.... ..7.,../?.
iy ;), conduction therein any lawful business and for no other Purpo • • �,'
ri
(''...45,,.', c:, Quarter of Secton Ntrleteen t � ;
Y�i'r w 3 "< premises with appurtenances, situated in the Southeast � C,
a
L,5: West of the 6th P.M., Weld ttfi
< +2'' a{ ( ) e •
sixt six (66), _
L.- •1 0'4 H . (19), Township E1ont 6 Nortn Rang ,Y- •+ t, r5
F,.., • ',-,c:i.',..1. Colo sac e. '
,74
i not to exceed more than ` ';ws
j1 sr As use herein, the term "p
remises" refers to site, r tic-T.'
_ # no more than sixteen acres within the + µz
s is
�, t.rya sixteen acres within the total perimeter and `
wire anchors,
i r to}a total perimeter and no more than tWo acres reserved for buildtn9, to i
• i a
r ru oses, within the above-described real property t'tnd - .R .
4 , r' s..;.:".;,,44-,-; and ingress and egress p r'P hereof' ......?.....4.r
�r,t'.1f ,,,oti aytrY 1r • any improvements located on that site thereon from time to time during the of ire site � -
to be ma A
'1)04.1▪4 i xT`. The lessee shall cause at expense and cost of lessee, a survey s w.
A L t
,,,t,,,,...4-.,:o4,::=1' Niii to determine the exact description of the site subject to this lease, i
R f M1Y`,#.h y 4£< remises Por installation and
▪ A• 7
� ' ' : r $s{ The lessee shall use the above-describe premises for controtlespi
l
,: ,
V... < , +'+;�t+ operation of a d00 foe. communications transmission tower with building `�
4 r,V c$
i .. .44:4;.:1 equipment.
• interferanee with the quality Y+ 1
�'{y 5 '" i+s In order to protect lessee from any .a„0
rol Additionally, i °r'
'a
Z, } • h- •
of its. transmission., th:- leenors agree the lessee shall have the exclusive right o 4ra7
!! roast Quarter of Section Nineteen(10), t,..
S� • k i v�t
1' •' t.l rti , erect aommunwatt on Pacll ltlee Gn eai0 Sous AS*
,�
and no ottr.r ',+yf,> re k
.:ni. '. t 1 •Et�1t(e)North, Range Sistly-atx(60)Wont of too et. P.M.,.
Si."'?. a t •"r+s n,ta:j 1 a - . ,, .l t. + t3 ..�> eaction. f
t c T`.n1 f oats quarter ��yJ� .
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1253 NARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO ;++;;
°� � � ' tl'y'i' ` • SECTION I\NC `,�
""; x a
t�• . 4 . ry'ti
t TERM r5 .«
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'%•,,.y .r ,G t The initial term of this lease shall b_z for 20 years, commencine onT rhtyt iti[nI ,
'"' - t • < }.1
a t , r .
's 1 tii+� 197:•, and ending on '4 t. El • " 19 s used herein the exprtssion "term r'.: .?+ �,",
"1, t,� fx�w3 1 . C�.4 r II a ,,.1.-
;4/.`,1,4..7:17R..--'04':".'i•"y t' hereof" refers to such.initial term and to___"'anYYny. renewal thereof as hereinaftdrlp.to- r�1L.,,„y
it
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SECTION THREE
-t
y
fb$� '{'u,,Alr is , A5 RENT. mss•
S I: Tre lessee mall pay to lessor, without deduction or offset, at such place ;•:;,,I,',..,-‘1".:t..51,,,'p
�t' fx-a a `'"' 1 1 ' -
L I �T J {r {, t J j,.
ttla,c.,;i to•Irirt ' or places as may be Designated from time to time by lessor, in installments as ,74f C.a"1
`r
st' Y .{it ,44 lj:.
#It a • .. ,e-c-•• follows: (a) the ren:al for the first three years shall be at $50.00 per month;/ ,t ! E et.!
'• • n 't 1.5E: .-_ .._ .. 1 ..
:•<
Aar!' re. c'fit ;• .o1 r' (b)at the end of the firs:three years the rental shall increase to $75.00 per month i t°rt
.-
I ,, . .,� ,''hi an .-'on:inue,until the end of the tenth year, (c)t e rental at the end of the tenth year L'' -t
.iy�'�,t`w i. rz-"'•440
ci
y S a J `', snail increase to 590.00 per month and shall so remain for the balance of the term vr+Fvl..,.
f r �
l' c lCvw Se'In "�I `4wii'
Ali , .a of units lease. • ,,,
`s ' tai *' `'-ml4d '� .t t.,7,
-�tx,t' 1 2 .t ".. ,•‘-21,',,q44,
u w n,�tir.5.'.•-�l � The rental to be paid by lessee hereunder shall be subject to adjustment as
is , P'ri '" follows: (a) in the event that lessee shall exercise its option to renew this lease, lessor c -tfi
`f vrf,: cirAr^, i 1..f1":„A"*.
` `� r try- may further require an adjustment in the amoun`of the rental for all or part of the ti , +c't-'
.!4,,,,..„2......40-14:
, renewal term; said adjustment shall be by mutual agreement of the lessor and lessee. k
t 1. t : - ) i s. ,�v,y�,�
f' t,' (bl Arbitration in event of dispute. In the event that lessor shall require a rental ,• CCi�.
is° t ••(-0.:4119 adjustment for an • such periods, lessor and lessee may agree in writing on the amount y_�i.,,;
k
, ▪ "sly of the rental for the period in question at any time within 30 days after the giving by
e.
f y �,
'44.:4.,;.,,�, T y, lessor to lessee of written notice of such requirement. If such agreement is not .r4iis:
9! rZa,k` 4 r"+ ;." reached and signed by both parties within 30 days, then the rental for the period in i(1 f �*yy�,,r$`
iti
�+- , '• •" ' �" question shall be determined by competent and disinterested appraisers, one of whom '.v's f 1 X74,",
k 1 1'-r M r. Pbly.:ti - . .. ..lis P 4'.R•l y`~i'.''•
• w
r r4 • , shall be sleeted and paid for• by lessor and one selcted and paid lessee. The two ,.;tip.
ksc.i L� - appraisers so selected shall select a third appraiser, the expense to be born equally `" n , L'
i • I..�ii tVA ofs :•3
• r f'
.yfi ...;:,..:,/".,17.‘?' f '•i,' by lessor and lessee, and the three appraisers so selected shall determine the rental
�/ t>{P14 t 4��T1+J
F l `.. F{' t: 1d
byloane during tta ensuing period. (c)Taak of appraiser, The appraisers .. e .j;na
�'
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L�1 , %c p} .,:, ll��l 'fv .,e F 1254 MARY ANN FfiUERSTEIN CLERK 6 RECORDER WELD CO, CO - > • "
((�'N“: to .- y't •.•114iy, ?-?2 ;-tad snail bit instructed treat they are to determine tlr_ fair rental value ••'.0'11'''',;-'‘•.,-;4+
' �,i fib, • ,43 t ti 'y'' "? -'a
Ik5✓, ti bC �S 4r nldn herein demised for tree hic,!�_st and best use meted`at such time, without '. 1 t '
544:e 4;4§1:24.!
i �'Y V'y,b i "�
• ( �' 't;
o , ,; v r. :Nip,.-,. t,O •any improvemen.s thereon •or the •the use then being made of the property p., Fc yf€,
d I by lessee. The appraisal shall be in wrr tno and copies thereof shall be gi'r1 "' T t▪'.- ,:' *, ci , P - given to the M .��^j,
'9a,. t tc?tn 4 ru'1 $I.
w r } ti4 lessor and lessee prior to the commencement of the period in question and the findings f e aye
a s i :i n n . 5 '• G~4=
of the rental therein determined, which in no even: shall be less than the rental then being /1,•,••' i.%
r '
gl,,, �s e E paid by lessee. The amount so determined by appraisal shall be the rental for the
I c`.•~ .#..'j.�, !
�r�fri
.. set ,.
�.;` ; 5 t;t,. remainder of the term of this lease or the option period, as the case may be, or until d tt
° •sn further adjustment as 1l 1 rt,.,
(, r , T- i provided above, i
l i
•� 41144,
1 ,• L� 411O1 S I f ` y
{t ��,'.) i` -T yT n SECTION FOUR , :‘,.et;• ....
`(j�roY ` .�Y`, WARRANTIES OF TITLE AND QUIET POSSESSION 4t�`i�� `'�
l p , i C jy3},i
*,oit' gi• st. ` Lessor covenants chat lessor is seized of the demised premises in fee simple and • 54 Sr,
0 7 e . 1 4 . .. _ 4� -S.e.r.t:.
S t2 try tt..• has full rignt to make this lease and.that lessee shall havequiet and fi�'t� .`;,.
_ peaceable possession .
Ka, e y x'4 • .' -Tt i
G�k e,T, of the demised premises during the term thereof, e'�t;• l°`�
` C.)e,,:,'>.%'/.1A1=:,371
>• i.,-* v s. - SECTION FIVE �S 'tpt'.:, *'1;+,,
k G4 1 ; i pp.'4 �'� DELIVERY OF POSSESSION v-
re
I eye▪ '4*``f -e•A441 c XS y4i;
kit r, ' $P 4 r yt' If lessor, for any reason whatsoever, cannot deliver ; ` 'x%�y
possession of demised >ti,
[0.1‘-::,t-1';',2'..:(.:42;:"...tf141.: k - •
" '}fir s° T
t4l{ hit ` .F'' . premises to lessee at the commencement of the lease term, as hereinbefore specified
l .. t I
eirftn
• t! l fi1
y4} t ' °".7, '�• this lease shall not be void or voidable, nor shall lessor be liable to lessee for any , r`
s,ir. , ;� • ezi, ? loss or damage resulting therefrom; but in that event there shall be a proportionate z f'' tj3 •_ u
,^ ' ' " reduction or rent covering the period between the commencement of the lease term and r
r , r - I -,7 .111
`*„. .,";,:1-1.4•:.:011.S.
{n'y'��, the time when lessor can deliver possession,
r' ,�1JJ-// f LYE tits}33 Jq . 1
4144
C„4', ' _ • SECTION SIX e
, u *. r r USES PROHIBITED .: y Y Fi,
,0-,:;::.0.,t'itic t� ?'y.' - '' a -r
tr > x r: z Lessee shall not use, or permit the demised premises, or any i e ,. part thereof, r '--;.1
• N... i t kt �x
0.' to be used, for any purpose or purposes other than the purpose or purposes for which "#
9r`r :, the demised premises are hereby leased; and no use shall be made or permitted to be �,�
• 3• ;made or the demised premises, or acts done, which will cause A cancellation of any I , z• '.4
kr i insurance policy covering the building located on the remises or any 1
1w ; P , part thereof,
k
O ; .
•
1 1'i 94. ,." „:,,t.7_,,,...-r. i Y n„,r s(' 3 1,..^n6sY.1..}, •cd •.n ,,,,r,•,-,„ . b viv?.
_, ..s_. .......:4.�,.,eS• :s !}�jtiti,`W'3 It - k .. _.... .....v......_.:.. ,.m...._. . .•- . T... .iS.:-.. .1.._...v'
jf 4.7:4 r,„il lessee sell, or permit to be kept, used, or sold, in or about the demised --- .1y.{,t tj�
ire,jive ei., `r+,r -, any artic lc wnich may be prohibited by the standard form of fire Insurance .4 rS`,Y` `
, b .;tit • -• pol,_ie. Les:>ee shall, a: Its sole cost, comply with all requirements, pertaining to the i,�re`' '� �`"
,i S, r Fi
#,ttyw , >_ �. , � demi_•e° premises, of any insurance organization or company, necessary for the • :sit t r
i,K$ ,'i ,iY' x
r B '$
lie 'ck t-. 1 ""Tt? maint:,nance of insurance, as herein provided, covering any building •
and appurteanances 7 $ N:
L it (t Y
(u1� y 1 ty7 ,•4iv. 4 r
t` , ' -,_I, ; at any time located on the demised premises. - - I� +t; 2.} 1£ r
.R Z" ,x "f ,1," rvY ti-eslt{t. SECTION SEVEN . . 134 ,„. x4-,,
i e ife ypA '
,,�µra`iy't ,i ,c$;, \h'ASTE AND NUISANCEPROHIBIT ED ,Y
jai
Ni'.fT",.,' `K*t°t ', During the term of tnis lease, lessee shall comply with all applicable laws ,t ,' ,�1i'..
te.1a 5 r:<uc O:,:: v is 's g"�'3
Mc
-+r}N t,c:l`' i affecting the demised premises, the breach of which might result in any penalty I r a i *r
'4 ''ti try ` • on lessor or forfeiture of lessor's title to the demised premises. Lessee shall • I.
., 1.....
•,...„•,,,,,sittnot : %.•;•:t1.44-;:.-4:,..-.,„4141.47,'.-
e YR 1 i >r4x• i t y,. J 4�'�..
�.. -c_ Yi a•y t hJ Y.
{ - `vjutst, , commit, or suffer to be committed any waste on the demised premises, or any • ;. y ,�
M1l 4 Y
Y 2f.
cr A/'}1F,Y • i 129 WAri4
tG ₹ "Win ,v *t• nuisance. 'j.tr''kr-t B� ,r
't
tA\'�y' , re r'\r ,i SECTION EIGHT j ',hc^i.•-rei,. •• `
titc4 fV-t- wq L4Y v M'C VY
3s5 .tx ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST �'� } '
r.
�Wtali C M , �y,
ikfA i Lessee may encumber by mortgage or deed of trust, or other proper `,c,,: a n5,
r�azlli`L i.w� ij r 9,y„•
r
t $ f".1'4.ua f4+tt ' instrument , its leasehold interest and estate in the demised premises, together ,, r F � f s,,
a >, - ' 7 'q with all'buildings and improvements placed by lessee thereon, as security for arty I. ,4i4��,`g3,.C{�.,
r ` }.•rii� 9 r :
i.....4 �� ! *1::1 indebtedness of lessee. The execution of any such mortgage, or deed of trust, or r 4'4%.-4,-'4'.-..",%)?•'e•Ir
. i r r ,
sal+,,, r i ' ` other instrument, or the foreclosure thereof, or any sale thereunder, either by t K
4Tf(
'4 yi^" ' r/, Judicial proceedings or by virtue of any power reserved in such mortgage or deed ',.�r,Yte
yFr�Y•t4 4,,•: f+ ki} y s
M4, ,t.,-. I St,-,5 or trust, or conveyance by lessee to the holder of such indebtedness, or the exercising ',.,
S lit
rr� ipv I>r,, ;`i.
1„-}...,;• -•,..1:7•.-.44..0;.. 't . of any right, power, or privilege reseved in any mortgage or deed of trust, shall riot ::::::::::7.
i,i.r ,� K
h:
}i*tz..ry ,4..x'-`t4 #! be held as a violation of any of the terms or conditions hereof, or.as an assumption by +J� -,
�.'t' r V ¢.4 i i f a
S
4. \'~t, the holder oP such indebtedness personally of the obligations •
hereof. No such encum— •ve rF ,s'-+: t
axis^ . 1' '` bran foreclosure, conveyance, or exercise of right shall relieve lessee of its ,:.,:?r�4's
'" 3'y d llabitity hereunder. 4 Y;k i
3Y;- ry i 2 . _ i S t <'„,yte J.SVal: i`" t 8 1119 AEC 02060487 07/11/86 11i34 $30.00 6/010 ,'` r S�}'w'-
aY�'�� ''F AV":. • F 1255 MARY ANN FEUERBTEIN CURE 6 RECORDER WELD CO. CO
.Y
'• s i
• 9
"< �^'R." ^'^'T. -.,*•s „•r a o,,., J _
.....Cif.amaneMF.• I.raa,d CYW6ns� �t!�d�mM.a�.arraa.artIt•v—.n ti`.
t tnrq§41s.E Rea .Ym s 4 ! x n , t K.�a ,t v. .x
w r:e .041, a i '� t cw r 'a$4�� �;. i i f oek,c+0itx r",IJ? vr�}��""J t 4,r'r #t'.t.4 1 d� t,'
C g rti F r�.,yv 81+°• d fl C , i�v:♦:;;,7,,,Q,.l�ih:4 ._e ... w . ...'t: . ' _. •_..., ,t y f.n x o- ,. ,
.4",.,.4"T,Y r<. .a §:- .tt.lf.'Y
+e .a . r ae , �a�t-s 4
+attgl`T+c*{awn 371 "�'"'p {a. A A. '-.,l t.s}1.
Ylikarketszca,,, I- ' ' SECTION NINE
• I'
I..
' £.j3 gird..- N, ¢ 4 ' SUBLETTING AND ASSIGNMENTp.i '.1
fi a 'S i
r
ix �,� Lessee may sublet the premises in whole or in part without lessor's consent, I �„ 4
Yfir4. = ; iti 4i :.r;
�?'� ir}3����c�. but the making of any such sublease shall not release lessee from, or other wise '1,n '���s
• t.'lt13ts I' . •
a + tl tt.
F v '•1tC-•s t.�` affect in any manna ry, any of lessee's obligations hereunder. Lessee shall have the 5
,-,.mot yft'k,P
: +r` ve% right to assign this lease in any reorganization or corporate re-struction which might .. } e. .,,,I.Ni
fi 5
Y`iy�yrx `�a". occur in connection with the.operation of tlx: above-described premises and uses. e s
.
' `
. ".•tatAj�,f..�A454�;`'a'+".' SECTION TEN �, ,1 §r
i .rt
'' i.�r' k*�' ,3,-, " TAXES AND ASSESSMENTS • .t� bra X
<$ti to .^iota ir" ' Sr-Illpecifically and without in any way limiting the generality of the foregoing, iC•t tyA.0;
$ - " tv-'�
LS'�rx:7gy��.it��T{j� lessee shall not be required to pay any estate, gift, inheritance, succession, franchise, a ` S
� fb 24,i
,Vi""e 1-7••,;-, J-47:4,--i$l-,�t"'7, income, or excess profits, or assessment taxes which may be payable by the lessor tr'3
F "tit i 5'f '''.:::,•1:r.ti-
w(iftf'.it�.1R €�j or lessor's legal representative, successors, or assigns, nor shall lessee be 1 j
ill
liftsi2i:N. SL,l*xl?
.F. required to pay any tax that might become due on account of ownership of property � K-••;.•;,,:•,-.11",,
y''�zi. r�,t'y tSy.
�r1a5 Y `e other than that herein leased which may become a lien on the property herein leased w
?Isi,a k tea , ,i r :�:;i
re, 4 !_ - ,c4c 0 or collectable out of the same, Further in the event the assessed valuation is increased
'u• urtY by improvements, structures, etc. made by lessee, the lessee will assume the • ?S
JI�• ti t Y1 4, ti ' C' 1
f`'n i 1•}, increase in taxes caused by these improvements. ' r 5 .r 1
rF ai- fit-..; i f zi
`�'K .r{Alg-A.S* • SECTION ELEVEN ,I '` 1 ' ;„_
�aa4. CONSTRUCTION OF NEW BUILDING AND TOWER } ` 1,.3
{ 'rlh*'i. 15a„a�'i 1: • t'n
it ), Lessee shall have the right to construct or make such alterations, improve- a. ,.
a'{�F 1 Y. 4 e.L. 5:
4vj ssc lN' t'y ^
�F � + ments, and changes to any building which may from time to time be on the premises as t S
�,tr�� t 9 .0.A-;12,
zt�jek 24,+' i., lessee may deem necessary, or to replace any such building with a new one of at i r
Y '51{ f ti •
+ „ L Ssy7 least equal value, provided that prior to making such structural constructions or • ` •
r 4-
• KC +i0. y' ' alterations,. improvements, or changes, or to replacing any such building, lessee r'i s� r' ,
r -' rl' F
[47,4''.<.+'. 04. shall obtain plans and specifications therefor, which shall be submitted to lessor A§
�t, i - 7Y .
� kslL,'; 'fir,*{.'r within Boys prior to commencement of said construction, alterations, improvements, ti. r P-... n5.,
1ta$St7a•• ci ,r r 4-
rf "' 1.c,..��i y'411 5 7;" or changes to any budding M.rototor described. , s.' }'4--.1-
tr
pts3/7 'itI'Sv iCt, ., Lessee shall have no obligation to restart or replace at the expiration or other s , s
�,+VV:', termination of the lease, the building located on the land hereby demised at the
,t t, ;f•, -5_
WF.'') 13 1119 REC 02060407 07/11/06 11;34 $30,00 5/010
'pic '' >?�� ,' F 1256 MARY ANN VEUUER99'Elti CLERK li RECORDER WELD Cal CO :
tSY •:.Yyy6Ati .�i
t >. iz 91gS...�,e.�w.•.a:u..c9 ` ?'a` c.-st J` ar' ?:,.°� ..~' .w. r ....::. 7 4sAtt ,`t 1s. ' e t wli"
.i:i1:'tP.;, ?;9 '� ' :.a 1 a!a ( ' l .PS ' . ;i tax i ' i. ` i. 4 3Y 4 v b - . , ; ..
(3Nun
'lmsw( f ( `i• . _ yYi+ i tip
+'
g. •id t 'L t
e y▪t�} ,t4 r. PI y•• t 11,
ijt fit\'*$chi s-fit ' o�i� � ,fin+zncemei�: o! the term hereof, exec-p: ti-at, prior to the time lessee may +`_,fiiK2415,,''' cow t,tw 9
4+(x,Si•370 s ,�r.molish su:a burl dtnp, lvssec shall Iccep and maintain the same in a condition �
f�d 't-,A:f• 4n comparable to its condition w•1 n delivered to lessee. IVIII l� o '4R
+H' •Ya Any new Suildtne constructed by lessee on the premises, and all alterations, x .1.4
r4 ' xKt y fr , '
r
a .• •! `,k, ,, improvements, ctane_s, or additions made in or to such pn=miesz shall be the `+ J t
",�' 1' w<„�,�,�.r, "x't ,.. re▪ d
2 •.s' o property of lessee. ' r°
c..2'49 4.5
5ECT ION TWELVE ".ys',
ri• W. ai '`'r•_ UTILITIES t$ tk�rtk•S
ttJ4 ,j' ''
�▪;''! "�,� ` Lessee shall fully and promptly pay !or • 1
all water, nas, heat, light, power, o
.�n S*t•' yc yc . telephone service, ano other public utilities of every kind furnished to the premises �, i is y+tw
ti >
3a,}'i17 40', ththroughout the term herefor, and all other costs and expenses of every kind whatsoever t, 5 f-,
• 4 to k
' F• yY'f;i�`'i`• of or in connection with the use, operation, and maintenance of the above—described ; } S li
• 4�; �C fit
��� F_4', premises and uses and all activities conducted thereon, and lessor shall have no ,x
did responsibility of any kind for any thereof.
y. F r3 'A is-'Y,
. A'y5'ty`k' SECTION THIRTEEN. + r*
a..,
4Pti-g�i •�1 • INDEMNIFICATION OF LESSOR ••''''-a"-%Ak
w
i • Yg'`"j�"5 . �" injury, death, or damage to Pers°ns i r`',(,a
,„ k f i4 , Lessor shall not be liable for any loss, >“f t ,
..."<!-Ai
pi's,�' � z -_ or props rty which at any time maybe su• 'liftffered or sustained by lessee or try any person f"r { t rk
fl
;a i}ijj�� tty. whatsoever may at any time be using or occupying or visiting the demised premises • R R ,y 4
�trrr`ia s 0,7 - -• or be in, on, or about the same, whether such loss, injury, death, or damage shall
• s£,,g .,,,. be caused by or in any way result from or arise out of any act, ommission, or , +, i
• t '' 0} 1 &:. negligence of lessee or of any occupant, sutenant, visitor, or user of any portion of ; I z It;ic
lu
i XR`rt F• :rli e
�:
+r f•+"t'o +' the premises, or shall result from or be caused by any other matter or thing whether of i t t
'd f pr b s tats
r;„5. ta,�,.h
" �1 � the same kind as or of a different kind than the matters or things above set forth, and >r• ,
Ia t'�t '`^'r '" - f14V4whatsoever fG .rte•.
•�fa lessee shall indemnify lessor against all claims, liability, loss, or damage • t �7
ajeiii� r�ix't>r on account of any such loss, injury, death, or damage. Lessee hereby waives all ` , c -r;
d c• t•, ,gV c s?-
,f .
�� ,i3� ,y claims against lessor for damages to the building and Improvements ttt'tt are nov o<, ;�} z?(
i '°`4,80.4'Fyf placed of lessee to on or
• •`t!d,4i^'1, `' or hereafter or built on the promleso and to the property i ' 'r d
', t+z.}+.r '+hl' "' r of lessee tn, on, or about the premises, from o 4r4t.
`'vhsth Y � '`•' about the premises and to the props cy
j~i* f�-.. 4.-7O4,,.t sL
u , any cause arising at any time. However, the proceeding sentences shall not apply to
r. -
• i R 1119 RFC 02060487 07/11/86 11134 630.00 6/010 �Y
u �I ' P 1257 MARY ANN FfiUBR9T&IN CLERK & RECORDER WELD CO, CO _.�.. ..�.)
.al •
� �' •r . .tf ',# ^l - 1 r^. 44K y+ A1�W r i y `i ' '+�4�w.... .]^�:l �. �a •�,.'
• s`I+Y+v'it/ •-n..: _v{_. z,.r.- •
... ire ...s u. rv._r. ::.Lf ..._ irt. ,......z.. .}k ... ' . ... . ... _..
ke ilrri. k‘km7 :gip _-rIIJ
0x '• >.1 •t ,r 7:,
t tl.,,
At' �,4'.: , loss, injury, death, or damage arising by reason of the negligence or misconduct r
j nts, or employees• r� r;.
,� .. of lessor, its ag= 'tt '`. .,"
.i;
` .4 -C. U' f C
((� .r ii f. r
J�,,,�' ys wyr• SECTION FOURTEEN .. ,.ei.,1q ,k "M i OPTION TO RENEW •ft/-4)zny.-"-ts.ko. 'i,tri-0.64-jitik;)4.' Ec ° ,
' ti''K`°.. Lessor grants to lessee, subject to [he conditions set forth below, the rich: '-• 'F"�`. ..........riod of 20 years, beginning on April 1, 1:.•. and
t °`. and option u• rne+• this lease for a pe211
4 k-
Y' ril t 1995, at a rental to be determined at the expiration of the above % x,n u. expiring on Ap
.e1}� twenty years. This option'must be exercised by th= giving to lessor, wrien notice with-a{'-F•
eain 30 days prior to the expiration of the term of this lease. } ,
a,�.l K^�.� �' }. • t'�t 4,35 1,+5
'+S SECTION FIFTEEN F �' ' i'�'r r� �,i
FIRST RIGHT OF REFUSAL :•“,.,,,
'k''�., � n In the event that the lessors should sell the premises included in the lease r1;IA
i ; a t
i
Yi3pJ'�'i�+Ipn+"
rr *yam __- lessee shall have the first right of refusal to purchase the tower and building site .• +t S
ay ,
a0 'ax�lg; r proportional based on aereaoe of tt>e
ei',A,--.4;.544:4074 ingress and egress easement at the price or propo price r Y_
,•f.-../. f.. +�, rr:1SE g fide written contract to ;
•i4.ti< '{ sale ne otiated with others. The lessor must provide bona—
r1 7*-1:
;! P .. purchase property from third party, giving thirty (30)days to meet the same terms and ct+ , ^ci s
It ,0r. ; ' `� 7 lessee is relieved of obligation ,•,
rtilki +z conditions• • : .;;;:',:
If the lessor does not sell to third party, t +
�bt;t, �J k'i"f 1 • f t, �."Fr
.... .....
,� Ci 1 f t*Ai•t: m.bi? SECTION• SIX-TEEN •.,. S .t r a i;yy5�*, f,���yDELIVERY OF PREMISES V.
r7.'on,f Sx y fin`r,.• • idb lessee ++,a iJ a3,. Lessee shall pay the rent and all other sums required to be pa Y eT u.3 Hx,.,��' 4hereunder to the amounts, at the times, and In the manner herein Provided, and stall ,,,nttYL~ ri '�X 6a.₹„'�YIAi.” keep and perform all the terms and conditions hereof on its part to be kept aril ^ t zx���}��4�. peormed, and, at the expiration or sooner termination of this lease, paaceab y ,rI ? 4� and quietly quit and surrender to lessor the premises to good order and condition, �{i,43>� )�ac” subject to the other provisions of this lease. In the event of the nonperformance by } '
•
.^ 1. J�C Tbt, ''•'t ' ;
t T N
Jjsi, ;•r��� > . the lessee of any r, the covenants of lessee undertaken herein, this lease may be .tcl 7.,,,LL' ' ` .~y ' terminated as heroin provided.
'ti;.e.":0?-,-.
' b 1119 RRC 02060407 07/11/86 11134 $30,00 7/010 :
F 1258 MARY ANN FTUSRST>vIN CLERK b RECORDER WILD CO, CO
Al : } � .-i
y�r,.
�g � kk
r' !'s _t5ii off aar, Y•t ,��t?Y. � d=�i h, • ¢ i }lS,i .,,}+1�4 1N �} .� , '.
...R..st-.::�...,Lt,.,v,.._..r t>t ?'≥i�.:3.;:....:N�... ..w.1, J�, _m .c:'.'`�.t.< .e, ��..... .. .. ,.F . .a..,._. _ ....
g :j: . k'7� Sr )g r {' iil l
:)t2 }is t 1�
' '':g _ " ° j°' i 1. /ENTEEIv •.
kt�� ° r ia�4'�ij SEG"f • O-,4 ::::::‘,:;;;11:.';it,
P''' ION St1
r'.�TM f .;i 3+` NOTICE OF DEFAULT
t >�{ payment of rent •
v: > t;
y to be in default hereunder in the p y �`
itx
1 :9'-;,,�i ,1yx,�7 :,; Li:ssee shall not be deemed (30) days' writ-en '11:1':'''' .c,•
+ ,y' 9* ' when required ha rein unless lessor shall first give to lessee trnr;y Yrfk +
IN
'`�`1L'k ti4�,,,��X�;�c4 notice of default and lassie fails to cure: such default within sixty (00) days. ^
in: ro s Pp ,:4-y •'t '""•t 5 zz'..::Of SECTION EIGHTEEN • , { 44:
••
re• l'l's YF ' r YY f
4 �.bv �,+' el DEFAULT 1 `j
n• ` ,5A-$�'N �� u oses of this contract for lease 'shall be construed as the Ikft,!` r iAA
b'lf,x;,>1:4 ..tl A default for P •'P it to be don= '' .4'
r:14:4:14441:4$13.
•53'�`ysC- �> '1+Pk rform any!act or obligation hcrain provided byi ti �it..ci,.
5' x4 xe}� 's failure to do or ih
Ar %• ' ' lessee iy 144:0
i ,t yy
Wirt
v�h' or performed, suo)ect to the above written notice requirement from the lessor. 4�f`z * y�
'i
t„ ""y SECTION NINETEEN ' + , ,
�t, L 4 3 }r.l.
"''f'•r"r.'k3 M -'aY'F INATE a ;f1
• ,t:itti„�,-l.. LESSEE'S-OPTION TO TERM I
ix
r •
g written notice to lessor given at least sixty '. ¢ �,
r xf�•,q ,ta$ Lessee shall have the ri ht by ,�,
+ -�2year period of ther term hereof ,
n < ; ' ' (60) 'days prior to (a)the expiration of the first ,,
ty ff' H {{� r • 1 ;A
,i
thereafter, to terminate this lease and surrender its leasehold interest herev�dsurch a .,
< ear or two year period, and on c >q{}'
�M _ V
tr h. ,. ''" lessor, effective on the expiration of such one y snail , ti�ti
`Y'+' !t. � N A.!: ; ' i
effective date lessee shall be relieved from all further liability hereunder, and f
1',ic!::4 Z- ssessfon of the demised premises to lessor. ,[0:4---.,t t w
Y ,7.4(*i�„-;4sux. deliver Po ' d
i s,: `:k* .;'.�1". SECTION TWENTY 1/4'` 4',
l?Via
1-4:2:374,1r,�wa SURRENDER OF LEASE . , r�„x1"+`,
f Y�, . The voluntary' or other surrender of this lease by lessee, or a mutual y L '
er and shall at the option of lessor, 1! F�' 'aa
S.," ,."`t 46.44.P.!4,1.2.44
�3•s
,v ;+?�ti+' cancellation thereof, siv�ll not work a merger,. at the option of ):2;41-::3,4.4,
4 d do Sa ,f,Yxy `y. ,` .
n
r` ,{ i�3. terminate all or any existing subleases or subtenancies. or may, r•
Y
tioiA3),,f;O:i•
en, tor all such subleases or subtenancias. rv„�lessor, operate as an assignment to it of any t.F
ot
> r + " :'
tA If,
qir*ferP'tw .,� SECTI(:!'! TWENTY-ONE 5
' r �`• EFFECT OF LESSEE'S HOLDING OVER ; rdµ c• ,,..
d44.V 44,118 V K}
7¢r��yS ; c s '� Any holding over after the expiration of the term of this lease, with consent of " i.s
' + v P`a _
v 1.
,a n .` ` : n:. lessor, shall be construed to be a tenancy from month to month, at the same monthly
t rn _8_ a �'+daV" `!
u
die' A 9 1119 REC 02060487 07/11/86 11134 $30.00 8,010 iL,t•
s s,,;a, _" • F 1259 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO CO n
.ia�`) a v ,
01,"/
p at '-^- 3 z
'4i
, r v Y .r, k
din!1.....v�, hit • rd
l. . �. yy v, , 4Cr >2z rgYe ° c.-,; ._.. ..vs' .. . #r,, ,, r• ,c'•
. ...u �.tR_ w. . ... .Xl� '1':" <:. --A',J.._ _-i r,,� AA.. �.....,_, v.'L:w ...
IUi
I twiii
® • 1/214,
�'��' �a. rtt p' tos.,�x4 paid immediately prior to the ' ,,,,'.
• �"5^�r'f'^vi.'i a ,.•n:al a= r�Q.�a' d to he by lessee for [h::
S ^M
.t.•: 4,1- 11./...44?•. .}} • expiration of in:- term hereof, and shall other wise be on the terms and conditions
T k.,
.�. itai' "• . ^, s of
t,+4.L+ '""�+4 -•- r herein sp cifiec, so fan as applicable. a t9
i of r, `?-• .. i
V't; i¢�..)}i'ft r r - SECT ION TWENTY-TWC ' k
£ 1' 1 1.4• ..��•yn 1 wi r 3., �k I .`:s
."ir4'r�??w { im{ TIME OF THE ESSENCE I +;,
`C.'yiW}.1 'V-..;-„,„..1.64_. '
F'"ay, rLf r4
:4. ti fir♦_ �stta{,�,tY Ttmc •
is of Ux essence of this loase, and of each and .:vary covenant, term, 5 - }
,,
3do-� ;, ti , condition, and provision hereof. ,+
y. .,
a` i� ;l�£ .x�iith4' ' ' r,,%
C14.?S l4 y'rt}r�'tnl. i aT,
�'.444 Lz `T' c i 4
"-amirt,. it -sktv, ; r
sz` '�ta.wsE. r'. z +
H am^2r 1� i 2� w ' .
t - % itt 3•f tJ ' "' t :;;;Al
e }fit " '„1•:47,,:4,:e4,,:'''',.: .. r
''..ss ���ii .,gip {y�
77 t '
��y-e � . t G t 1t
;•40,,,,v,... .•a 3v • ••• ry d�tl
6�M R sS)7+'t4 1i Jii r' 6ysC7
git
�' b<₹r , 4�� x .,
7 +i OKs'
7 i f " c,r..nK' .�
[lea IIW 1.r' r (��£fix..a`�,' a
', A f
S'YT.. I f 400
0:c, 5-r 1 ^.J.
3 >
t!gpi f , .Mv e.<d
� r , ct > (Ii a .c
O.
� t{ tmi,, y%��',i. I . Fit viii.
4r[;c x-. �', a " ,, b 1119 REC 02060407 07/11/B6 11[34 $30.00 9/010 . , ,, +
'IY ' : "',...-C40,14:,
F 1260 MAAY ANN FEUYR6TBSN CLYRA S RiCORDER WELD CO, CO • -A
M1 J .. _._... ._ ..__
i e 6t,'> .9— •
..�
yY ,.4 - 1
I.
,
7 _.rft!a xe f c 7, v »^.:.,E;: (41'J I,' cu '`01" It... i�' x` .•.,,,
v «
"` %f:,?.4M1"c' . ., whereof the parties have executed this lease at Greeley, t ! u v '+-;
"s 1 � tp • . ,�e day and year first above written. +'"�` ' °„"
ce^t-t e� h.r. Goloradc nn t ._ ▪ c'qt
C.'?".-04.,',''C .. r s!i•%
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P.1 ),z1 S r i r
k '..- WILLIAM E. DUMLER ' x
y th" f iJ fl. ' 1 5 ettatemw1„. i"b Js. J , tti.x ll q
, y�+y �,T Dk t \'ERA L. DUf.�1LER IV'''. ..-
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kta� a +47s'' # WELLS- TENNESSEN TOWER COMPANY lo.
a e• ;
'k et ▪T 1 7 3 YfP • i.t,
r F�
5;•••, ,. ,ntt�r r,.,ta- STATE OF COLORADO) 'l x �'
ss 4 .k z• e:
,�t� 1 w ) n„1 �t
?P:!'f' :R� A •k:? COUNTY OF WELD ) ..,-1,..!;,.....:, r
,rilista2 4 `tY '• •,
The foregoing Lease Agreement was acknowledged before me this..,.:; tat../la . ' w f� Ks•raY ., 1 : r a d . 1 ,1✓ • k' ter 1
.)rx"n' J .h :i y day of , 1975 by WILLIAM E. DUMLER. • ; �' t,` ;e
p:77li., :t kr1 WITNESS my hand and official seal. I ,a,.,; ₹` ',70
,y4+`��.�` ` ,�' - My commission expires: I+l�,° }
.�4S'h. 4JA '3 �*F, ,
n4 0i Y_ 't Notary Public }' s ` :z
la fik°azg,
,:414,::,:.:7:-;,k,phsyq STATE OF COLORADO) y ,
N \ l�1''YS . ' ) ae l r
rvl 9
A F+},'3,k ' COUNTY OF WELD ) f
�I'V ✓B;E,}Y�Rik,. y r _
`''krir ri`'''ll `� The foregoing Lease Agreement was ackwoledged before me this . 44 ; ,
fi''• 4-,-94."�, day of , 1975 by VERA L. DUMLER. ,
�' �.F�.
,,i ,} }-04.,1 s.e , WITNESS my hand and official seal. ', ../.;::‘,,::1 ,
. P }/' ntd«,i , My commission expires; ' "'�'
.'FT,
• a 1. $•TAY "IA. l.• SM 7'
.x tl f (t�• 6 •
i
•Y .A.t t •st v f
3 h '5Vi14 n;:,.4 ,i ••�Y
44".---'..al�.mac{ »i •. r .° xr
t'{, - •-• y:,- Notary Public • N,Yr 6
m • 4 Sp ,�
�vx• ' . STATE OF COLORADO) • ck
aile .c ) as • •
k s,�i; ys
or r*' .. COUNTY OF WELD )
P :. 1 ,`M ,
▪ fi`A' x . , The forgoing Lease Agreement was acknowledged before me this w ra?
.ti
�� � � day of • , 1976 by WELLS - TENNESSEN TOWER COMPANY. • Th
WITNESS my hand and official seal. had
r4,` f"y` .wiays My commission expires;
Ze NotarY PubUc i x: .:
Yh Y tr - l0- .\''
11 111.9 REC 02060497 07/71/06' 11134 $30,00 , 10/010 l '
"� F 1261 MARY ANN FE14R0TEIN CLERK 4 RECORDER WELD CO, CO
,S a -#.1'..,-0;t. > A vx, [s`' q tr ft tp idol rz^•„w, ,77 < 5
yTS„....N•.T_ ,•-:rs. - _ R.:i�0....b._ ,,,, .L' ig- ;a. :.c.zs .. c a:, .4%,..:,P_- --. A.;:e ..r s.r
LEASE EXTENSION AGREEMENT
THIS AGREEMEN; is entered into on the lc day of
'11A �i loiq 1993 between William E. Oumler and Vera
'L. Dumler of Denver, Colorado, herein referred to as
uza "lessor" , and Wells - Tennessen Tower Company, a partnership
of Greeley, Colorado, herein referred to as "lessee" .
RECITALS
The parties recite and declare:
A. Lessor and lessee are the parties to a lease
agreement dated April 1 , 1975 in which lessor leased to
lessee a portion of the following described premises :
Southeast Quarter of Section Nineteen (19) Township (8)
North, Range sixty-six (66) , West of the 6th P.M. , Weld
County, Colorado.
B. Pursuant to the terms of the lease, the rental is
$90 per month and was to continue at that rate until
April 1, 1995 .
C. Lease payments have been made through March 31,
1993 .
D. The parties desire to extend the term of the lease
for an additional ten years and to modify the rental amount
commencing April 1 , 1993 .
IN CONSIDERATION of the mutual covenants contained in
this agreement, the parties agree as follows :
1 . The expiration date set forth in the lease of
April 1 , 1995 is hereby extended to April 1 , 2005 and all
references in the lease to the date April 1, 1995 are hereby
amended to read April 1 , 2005 .
2. Commencing April 1, 1993 , the rental shall
increase to $110 per month for a period of five years . At
the end of the five year period, the rental shall increase
to $125 per month for the balance of the term of the lease.
3 . Except as modified by this agreement, all of the
terms and conditions contained in the lease agreement dated
April 1, 1975 shall remain in full force and effect.
w
f -.
/
IN WITNESS WHEREOF, the parties have executed this
/ �1 )
lease extension agreement on the date set forth above.
J X W/ l(4,11eilir.vs,.tl
William E. Dumler
Vera L. Dumler
Wells - Tennessen Tower Company
o'er „/.
By Jo eph J. Tennessen
STATE OF COLORADO )
COUNTY OF ) ss.
The foregoing Lease Extension Agreement was
acknowledged before me this 10 day of 'h•04
1992 by William E. Dumler.
WITNESS my hand and official seal.
My commission expires :
Notary Public
STATE OF COLORADO )
COUNTY OF ) ss.
The foregoing Lease Extension Agreement was
acknowledged before me this ie.& day of '-.ai�
1992 by Vera L. Dumler.
WITNESS my hand and official seal.
My commission expires :
Notary Public
STATE OF COLORADO n )
COUNTY OF ( ,Dr227 ) ss. .
The foregoing Lease Extension Agreement was
acknowledged before me this /U day of f'7jL*.q
1993 by Wells - Tennessen Tower Company, a partner$hip, by
Joseph J. Tennessen.
WITNESS my hand and official seal.
My commission expires :
% f �
�._-�.�
Nbt'ary Public
i/I
ATTACHMENT C
Wells-Tennessen Tower Co.
P. O. BoxK
Greeley, Colorado 80632
Fred Baumgartner
Chief Engineer
KDVR
501 Wazee
Denver, CO 80204
Dear Mr. Baumgartner
It is the intent of Mr. Bob Wells and Mr. Joe Tennessen,
partners and sole owners, to sell Wells-Tennessen Tower
Company for $170,000 to Denver Television Inc.
Joe Tennessen
Managing Partner
ATTACHMENT D
Wells-Tennessen Tower Co.
P. O. Box
Greeley, Colorado 80632
Greg Thompson
Dept. of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Thompson
A portion of the following described premises is the she of a
600 foot radio tower and a 400 square foot building:
Southeast quarter of section nineteen (19) township
(8) north, Range sixty-six (66), west of the 6th P. M., Weld
County, Colorado.
We desire to replace the tower with one of a sturdier model.
It would be approximately the same height and would be
built adjacent (within 100 feet) to the existing tower. Later,
the older tower would be taken down.
Also, another small building would be built.
Please advise.
Joe Tennessen
General Partner
•
ATTACHMENT E 1
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`' %\ NEMO _ E. Quotation
1200 N. Oak Road
Post Office Box 128 Date January 27, 1994
PlyAouth, IN 46563-0128 Quotation # P94-01-200-A
Client Code KDVROI Que # 23523
Telephone 219.936.4221 FAX 219.936.6796 Page 1 of 2
Submitted to:
Mr. Fred Baumgartner Site Location Pierce, CO
KDVR-W
501 Wazee Street
Denver, Colorado 80204-5859 Your Reference
Description Price
TOWER MODEL: #52/42 x 735' guyed tower con- $148,610.00
structed of solid steel members. Includes freight
to site
ANCHOR RADIUS: 294'/588' with standard threeway (120 degree)
level-ground guying considered.
OPTIONAL MATERIALS: FAA code factory applied paint $3,090.00
A-3/5 FAA code red lighting system in
conduit with interior controller and alarms $12,135.00
WINDLOAD: 85 MPH basic wind speed per standard
EIA/TIA-222-E.
ICELOAD: 1/2" radial ice with 25% load reduction.
ANTENNA LOAD: Pe-RFQ
MATERIALS INCLUDE: Engineering sealed by registered Colorado
Professional Engineer
Custom foundation design if soil report is supplied
Hot-dipped galvanized sections and components
Solid-rod construction of tower sections
Pivot base section
Horizontal members for climbing
Tower assembly hardware I ATTACHMENT G
Anchor Steel
EIA grounding materials
PiRod Inc. Acceptance:
Please enter our order for the above items in accordance with
By
this quotation.
4
Accepted by —— - --- ----
Myron C. Noble Tine Date
President, Ext. #218
P.O.Number
A\ MHO HIE. Quotation
1200 N. Oak Road
Post Office Box 128 Date January 27, 1994
Plymouth. IN 46563-0128 Quotation # P94-01-200-A
Client Code KDVRO1 Que # 23523
Telephone 219.936.4221 FAX 219.936.6796 Page 2 of 2
Submitted to:
Mr. Fred Baumgartner Site Location Pierce, CO
KDVR-TV
501 Wazee Street Your Reference
Denver, Colorado 80204-5859
Description Price
GUY MATERIALS
Class "A" EHS guy cable per ASTM-A475
Bridge strand per ASTM-A586
Preformed guy grips
Turnbuckles
Integral transmission line hanger brackets
12 - 38' strain insulators
One 12' torque arm assembly
MISCELLANEOUS MATERIALS
10' transmission life-bridge
DELIVERY: 60 days from receipt of order (subject to change)
dependent on production backlog at time of order.
TERMS: 1/3 with order, balance before shipment.
PRICE FIRM UNTIL: June 1,1994
Price does not include any state, federal or local sales,
use or excise taxes. FM, FCC licenses and permits by
others.
FREIGHT: All material prices are FOB Plymouth, Indiana. Full freight
is allowed with unloading of delivery truck by others.
PiRo nc.
Acceptance:
Please enter our order for the above items in accordance with
this quotation.
By
Accepted by —- - .. .- — — -- - ---------
Myron C. Noble Title —._ Date
President, Ext. #218
P.O.Number
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KFCT-TV ENG. FILE N0.
PIERCE. COLORADO SITE PROPOSED
NAME
» 52/42 X 735 PiROD INC .
GUYED TOWER
APPROVED/SALES OR Rv DATE PLYMOUTH, INDIANA 46563
MCN 01/27/94
APPROVES/ENG. ARCHIVE OMG.NO. PAGE
LET DESCRIPTION OF REVISIONS INI DATE D-23523 10F 7
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PIERCE. COLORADO SITE PROPOSED
NAME
M 52/42 X 735• PiR00 INC .
GUYED TOWER
APPROVED/FOUND OR er DATE PLYMOUTH. INDIANA 46563
MCN 01/27/94
dPPROVEO/ENG. ARCHIVE OIIG.NO. PAGE
LET DESCRIPTION OF REVISIONS INI GATE 0-23523 20F 7
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KFCT-TV ENG. FILE NO.
PIERCE. COLORADO SITE PROPOSED
NAME
10 52/42 x '35• PiROD INC .
GUYED TOWER
APPROVED/EDON°. OR BY DATE PLYMOUTH. INDIANA 46553
MCN 01/27/94
CHGDESCRIPTION OF REV REVISIONS INI GATE APPROVEO/ENG. ARCHIVE 010.140. PAGE
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PIERCE. COLORADO SITE PROPOSED
NAME
# 52/42 X 735. PiROD INC .
GUYED TOWER
APPROVED/SALES DR BY GATE PLYMOUTH. INDIANA 46563
MCN 03/27/94
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NAME
0 52/42 X 735• PiROD INC .
GUYED TOWER •
APPROVED/FOUND GM or GATE PLYMOUTH, INDIANA 46563
MEN 01/27/94
DESCRIPTION OF REVISIONS INI DATE APPROVED/ENG. ARCHIVE DWG.NO. PAGE
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GUY ANCHORS •
APPHDVEO/SALES OR BY DATE PLYMOUTH. INDIANA 46563
MEN 01/27/94
APPRDVEO/ENG. ARCHIVE OMG.NO. PAGE
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* ENG. FILE NO.
• PIERCE. COLORADO SITE PROPOSED .
NAME
52/42 x 735° PiROD INC .
GUY ANCHORS
APPROVED/SALES OR By DAZE PLYMOUTH. INDIANA 46563
...cm 01/27/94
LET DESCRIPTION OF REVISIONS INT DATE AFPRGVEO/ENG. ARCHIVE L23 pMG.Np. 7oPFG 7
•
•
(GEOCOVERWPD)
1/7/94
Dear Customer:
PiRod has established a set foundation design rules which is dependent upon the amount of soil information that is available
and upon the requirement that all tower foundations comply with the various local and national building codes and standards.
The following is a list of the several types of soil presentations that we have encountered in the past. Please note how each
category impacts the final design of the foundations,that is,how does the type of soil information available influence the
design of the foundation? The categories are listed from the best design scenario to the worst.
Category L Ideal Soil Knowledge and Presentation.
An ideal soil report will basically be composed of the following information. Please refer to the attached summary
sheet to determine the specific soil information required for each foundation type.
A. A boring at each foundation location.
B. A soil report with the following information:
1. Soil Descriptions.
2. Soil Capacities.
3. Recommended foundation types.
4. Design parameters based upon the foundation type.
C. A representative of the soil company that is available to resolve issues
that may arise.
D. General site conditions. Site accessibility to excavation equipment and concrete trucks can be a
determining factor in the selection of the appropriate foundation type.
A complete soil report as depicted above,will not require a modification of the factors of safety. The resulting
foundations are sized in accordance with the national building codes and standards. All responsibility for the design of the
foundation is assumed by PiRod. All responsibility for the determination of the soil parameters is assumed by the soil
engineer. Our drawings will note that the foundations were designed per the soil report.
Category 11. A Soil Boring Only.
Although a soil boring represents a cross section of the soil,it is not def native. PiRod's obligation is to complete
a foundation design utilizing the best information available within the limits of reasonable engineering judgements. The
information depicted in the soil boring is consumed and several references are used to derive the soil capacities. The
resulting capacities are often conservative. Thus,the aggregate factor of safety is often implicitly larger than that required
under category L Our drawings will note that the foundations were completed per a soil boring. The drawing will also
recommend that a qualified soil engineer confirm the design parameters. Although a soil engineer is recommended,in most
instances the foundations can be installed without much trepidation. The foundations will serve the tower well without any
long term difficulties. A cautionary note,the foundations completed utilizing only a boring log can be larger than those
designed under the criteria listed in category L Thus,a false savings can result. The cost saved by not requesting a complete
soil report can often be exceeded by the increased cost of the more conservatively designed foundations. The cost impact
is very dependent upon the size of the tower and the soil conditions encountered.
Category III. No Soil information is available.
At times a soil report is not provided. If possible,the installation crew will relay the type of soil they are encountering prior
to the installation of the foundations,i.e. a test pit is dug, or during the installation process. Thus,if sand is encountered,our office
will attempt to choose assumed soil parameters that conservatively reflect sand,i.e. a unit weight of 100 pcf,an allowable bearing
of 2000 psf and an angle of internal friction of 30 degrees. This approach is not advisable if the following soil conditions are
encountered.
A. High water tables.
B. Rock that will require the use of rock bolts. The use of rock bolts will always require a soil report.
C. Peat or Bog materials that possess a high organic content.
D. Swamp conditions. Especially if the site will require the use of piles.
E. Permafrost.
F. Areas which experience tidal fluctuations and thus a large variance in the water table levels.
G. Expansive soil especially in areas subjected to prolonged periods of alternating dry and wet weather.
H. Highly corrosive soils.
I. Hazardous materials or landfills.
J. Pile Foundations. Although capacities can be derived at the time the piles are installed,tests have shown that the ENR
equations,the pile driving equations used to determine pile capacity, can be very inaccurate.
If one the above conditions is encountered,a complete soil report is recommended. If a soil report is not provided,our office will
choose one of the following alternatives once the site information is relayed to our office. Under the first alternative,PiRod will not
complete a foundation design. Completing a foundation design without further soil information is considered by our office to be a
negligent act given the soil conditions encountered,refer to details in A thru J listed above. PiRod under these conditions cannot
complete a design without comprehensive soil information.To complete a foundation design without the required soil information
would be irresponsible to the needs of our customer and the standards established by the engineering profession.
The second alternative would allow our office to complete a foundation design under one stipulation. That is,a soil engineer must
be on site during constriction to confirm the design parameters used. This will require a closely coordinated effort between our design
engineer and the soil professional on site. The risk of this approach is the product of the economic loss due to increased installation
times,the wrong choice of foundation materials prior to the initiation of the excavation,i.e.the rebar selected may not be correct,or
the inability to find the required equipment at an reasonable price given the stipulated time frame. The final design will reflect a
combination of assumed parameters and reasonable educated estimates of the soils capacities by the soil professional. This option
is not viable for all of the conditions listed above. This alternative is applied on a case by case basis dependent upon the structure
to be constructed and the soil conditions encountered.
•• Our tower drawings will note the need to confer with a soil engineer as means of confirming the viability of the design.•Under these
conditions, PiRod will assume all responsibility for the tower design, however, PiRod will not assume responsibility for the
foundations in all cases if our recommendations are not implemented. Each case is reviewed based upon its own merits.
Cateuory W. Normal soil foundations.
Normal Soil Foundations are intended for bidding purposes. Normal soil often does not exist in the real world. The term
"normal" is very deceptive. It should not be confused with the phrase "most commonly encountered soil type." Normal soil
foundations should not be installed without confirmation by a qualified soil professional. The soil capacities used for normal soil
designs are extremely generous. Our tower drawings will note that the foundations are to be used for bidding purposes only. Further,
the drawings will note that the foundation design shall not be installed. Our office will warrant the tower. Our office will not warrant
the installed normal soil foundations without confirmation by a qualified soil professional.
Site Accessibility
One final note. Site accessibility is very important. It can often dictate the type of foundation that can be installed. If the proper
equipment cannot be placed on site,the most economical design based upon the soil capacity may not be a viable and practical option.
In order to eliminate confusion and lost time,the site accessibility should be determined prior to the design of the foundations. Site
accessibility should be determined regardless of the report category chosen from the list above.
Our hope is that the noted categorization and attached information will help reduce the cost of soil explorations. Obviously,further
discussion with our office may be required prior to initiating a soil exploration program. A discussion of the final approach chosen
can eliminate any surprises in the future and result in the more economical foundation system.
If any other questions arise,please feel free to contact PiRod for further discussion.
{GEOSUM.WPD}
1/7/94
GEOTECHNTCAL INVESTIGATIONS FOR TELECOMMUNICATION TOWERS
A soil investigation by a geotechnical engineering firm is recommended for each tower site to determine its
unique soil and physical characteristics. To ensure that the report fiunishes useful information to the
foundation designer,the guidelines listed below should be followed:
No. of Borinfs Required:
Guyed Towers: Preferred: At tower base and at each guy anchor.
Minimum Req: At tower base and at outer guy anchors.
S.S. Towers: Preferred: A boring at each tower leg base,or at center of base if the base width is less
than 15 feet.
Minimum Req: At tower base center if face less than 20 feet.
Depth of Borines Required:
The depth is dependent on the magnitude of the reaction forces and type of soil encountered.
Guyed Towers: Base: Depth of 15-20 feet required.
Guy Anchors: Large reactions: 15-20 feet,otherwise, 10-15 feet.
If a Drilled Pier type is anticipated,the boring depth should be 30-50 feet.
S.S.Towers: Base: Varies based on type of Foundation.Borings should not be less than
20-25 feet
If a Drilled Pier type is anticipated,the boring depth should be 30-50 feet.
The soil report should provide the following minimum information:
Soil Properties:
a.Allowable Bearing Pressure: values vs.depth, safety factors incorporated,and settlement
expected,mainly at tower base.
b.Allowable Passive Pressure:values vs.depth,safety factors included. •
c.Allowable Skin Friction:values vs.depth,safety factors included.
d.Angle of Internal Friction.
e. Unit Weight of the Soil, Bouyant unit weight,if submerged.
Cont...
GEOTECHNICAL INVESTIGATIONS FOR TELECOMMUNICATION TOWERS
Geotechnical Data Required from Reports:
Boring Logs:
a. Date,Sampling Methods,&Number of samples.
b. Soil strata classification per USCS and their Depth.
c.Depth of Free Water encountered:Groundwater elevation for Design.
d. Standard Penetration test Blow counts.
e.Maximum&Average Frost Penetration Depth.
•
f.Unit Weight of the soil,Bouyant unit weight,if submerged. •
Recommendations:
a.Foundation system best suited for existing soil conditions.
b.Alternative foundation system that can also be considered.
c. Construction problems atlticipated,including any casing required,...,__ .
d.Any other variables that will affect the Installation and Design.
e.Depth of saturated soil,if expected.
f. Soil Resistivity,If any special corrosion mitigating measures are required
•
McRAE & SHORT, INC.
4 1231— 8th Avenue
Greeley, Colorado 80631
Telephone (303) 356-3101
Engineering, Surveying, Planning & Land Development
January 18, 1994
PROJECT NO. 93482
KDVR
• 501 Wazee Street
Denver, Colorado 80204 ATTACHMENT H
ATTN: Mr. Fred Baumgartner
RE: KDVR Radio Tower
Dear Mr. Baumgartner,
As requested, and based on the field survey and calculations, we have determined
the location of the radio tower located in the Southeast Quarter of Section 19,
Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado, approxi-
mately 3 miles West of the Town of Pierce, Colorado to be as follows:
Latitude: 40° 38' 31"
Longitude: 104° 49' 03"
• Based on the Elevation of 5252 shown at the first intersection West of the South-
west Corner of said Section 19, on the Nunn Quardrangle, the following elevations
were determined.
Elevation of Top of concrete Pad at Tower Base: 5246.9
Elevation at Top of Top Tower Light: 5852.0
Tower Height: 605.1 feet, more or less.
If we can be of further assistance, please contact us.
Sincerely,
v' �04"''"McRae & Short, Inc. _
G ,
,,- -.z.ec ,.°\ 1,',.,L:
Gerald B. McRae, Professional Engineer an'ct, Fay cp .
Land Surveyor, Colorado Reg. No. 6616 "viiii •L""
•
Enclosure: Copy of part of the U.S.G.S. Nunn Quadrangle.
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ATTACHMENT .I
BOILDI14 CLV/41.1CPAIS
kPer Pis4cL CO.
Rind 2- r$ -4r
AFFIDAVIT OF INTEREST OWNhRS
MINERAL ESTATE
USE BY SPECIAL REVIEW
Use by Special Review Application ►®'a1
Denver Television, Inc., dba KDVR
Subject Property: Township 8 North, Range 66 West, 6th P.M., Weld County, Colorado
Section 19: A tract in the SE'/4 more particularly described as
commencing at the SE'/4 corner of said Section 19, thence
West 1,216 feet to the True Point of Beginning,thence North
1,600 feet, thence West 1,490 feet, thence South 1,600 feet,
thence East 1,490 to the True Point of Beginning, containing
54.73 acres, more or less.
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his
knowledge the following is a true and accurate list of the names and addresses of all mineral owners
and lessees of mineral owners on or under the above described parcel of land as their names appear
in the records of the Weld County Clerk and Recorder based on the tract index and SKLD searches
of Transamerica Title Insurance Company of Greeley current through March 30, 1994 at 7:45 a.m.:
Mineral Owners:
Union Pacific Land Resources Corporation
P.O. Box 7
Fort Worth, TX 76101
Oil & Gas Leasehold Owners:
None
William G. Crews
Certified Professional Landman#3477
Subscribed and sworn to before me this 13th day of April, 1994.
My commission expires: 'a
/O /o— Pub is
EXHIBIT
940537
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DEPARTMENT OF PLANNING SERVICES
IDPHONE(303)353-3645, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
WI II C. 1400 N. 17TH AVENUE
GREELEY, COLORADO80631
COLORADO NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday, May 17,
1994 at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and
a Special Review permit for the property described below. Approval of the request
may create a vested property right pursuant to Colorado Law.
APPLICANT: Denver Television, dba KDVR
LEGAL DESCRIPTION: A tract of land in the SE4 of Section 19, T8N, R66W of the 6th
P.M. , Weld County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: A 738 foot guyed communications tower in
the A (Agricultural) zone district.
LOCATION: North of and adjacent to Weld County Road 90; approximately 1/3 mile west
of Weld County Road 27.
The public hearing will be held in the Weld County Commissioners' Hearing Room, First
Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments
or objections related to the above request should be submitted in writing to the Weld
County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado
80631, before the above date or presented at the public hearing on May 17, 1994.
Copies of the application are available for public inspection in the Department of
Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845,
Extension 3540.
Judy Yamaguchi, Chairperson
Weld County Planning Commission
To be published in the Windsor Beacon
To be published one (1) time by pril 277, 1994.
Received by:'
Date: 1Z-67f
EXHIBIT 940537 4 g
LAND-USE APPLICATION
SUMMARY SHEET
Date: May 2, 1994
CASE NUMBER: USR-1047
NAME: Denver Television, Inc. , dba KDVR
ADDRESS: 501 Wazee Street, Denver, CO 80202
REQUEST: A Site Specific Development Plan and a Special Review permit for a 738
feet guyed communication tower in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The SE4 of Section 19, T8N, R66W of the 6th P.M. , Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 90 and approximately 1/3
mile west of Weld County Road 27.
SIZE OF PARCEL: 54.73 acres, more or less.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Special Review permit is listed in Section 24.3
of the Weld County Zoning Ordinance.
The Department of Planning Services' staff has received responses from the
following agencies:
1. Weld County Health Department
2. Weld County Engineering Department
3. Weld County Office of Emergency Management
4. Weld County Building Inspection
5. Town of Pierce
The Department of Planning Services' staff has not received referral responses
from:
1. Airport Authority
2. Nunn Fire District (F-12)
3. Federal Aviation Authority
4. Federal Communication Commission
5. Weld County Planning Commission Member/Richard Kimmel
6. Weld County Communications
The Department of Planning Services' staff has not received any objections from
surrounding property owners.
fJXHISIT
FIELD CHECK
FILING NUMBER: USR-1047 DATE OF INSPECTION: April 27, 1994
APPLICANT'S NAME: Denver Television, Inc. , dba KDVR
REQUEST: A Site Specific Development Plan and a Special Review permit for a
replacement TV/FM transmission tower.
LEGAL DESCRIPTION: A tract of land in the SE4 of Section 19, TBN, R66W of the
6th P.M. , Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 90; approximately 1/3 mile
west of Weld County Road 27.
LAND USE: N Pasture
E Farming
S Farming
W Pasture
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
The site is on hilly terrain that slops down in all directions. The existing
building is not very visible from Weld County Road 90. Access is from Weld
County Road 90, a gravel County road. There are two empty cable drums, scrap
wood and antenna parts on site.
a/4 .
Todd Hodges
Current Planner
EXHIBIT
940537 /C7
A
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
Date: April 15, 1994 CASE NUMBER: USR-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, T8N, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. t- We have reviewed this request and find that it C�,Ct- -'�,
does/does 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. le% We have reviewed the request and find no conflicts with our
interests. )1,51-4.._
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Pl1ease refe to the enclosed 1 tter.
Signed: Agency: ,Gw.�, � I/VL(' 679'/2971,-4-""vim,
ci
Date:
0 1-1
ti IIXN/ BIT
MAY ® 2 1994 Iserrpriarnin9
mEMORAnDUM
Wilk To Todd Hodges
Weld County Planning Date April 19. 1994
COLORADO From Trevor Jiricek. Supervisor. Environmental Protection Servirek r
Subject: Case Number: USR-1047 Name: Denver Televiainn, Tnr
PT SE4 of Section 19, Township 08 North, Range 66 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. No permanent disposal of wastes shall be permitted at this site.
2. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
3. Fugitive dust shall be controlled on this site.
4. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A) , as measured according to 25-12-102, Colorado Revised
Statutes.
TJ/lam-646
KER
APjR2994g
" 11
'ynld County Plano-
• EXHIBIT
940537 �2
46\\ DEPARTMENT OF PLANj'1ING SERVICES
1 PHONE(303)3533845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140�i ON ORAAVENUEO631
GREELEY, COLORADO 80631
COLORADO
Date: April 15, 1994 CASE NUMBER: USR-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, TSN, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. we have reviewed this request and find that it
does/does 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. // We have reviewed the request and find no conflicts with our
interests.&cp/nf cauig Amite te.d N74 ,* u-t,ac Qldi*anc.e .
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed:711,44a' VJ Agency: 4(C,4 3 .r
Date: yZ2-74/
Id EXHIBIT
94053'7
\411:#1.1
, 11111 DEPARTMENT OF PLANNING SERVICES
' PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140le ON. ORAAVENUEO631
GREELEY, COLORADO 80631
COLORADO
Date: April 15, 1994 CASE NUMBER: USR-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
•
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, TSN, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does 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. K We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: /7`"' y Agency: Ste' ;"
Date: O V2 O 7,77
• °EXHIIBIT
�T
940537
t RECEIVED APR 1 8 S
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
® 0 �+ - GREELEY, COLORADO80631
COLORADO APR 2 8 1994
Date: April 15, 19 CASE NUMBER: USR-1047
wale County Planning
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, TBN, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does 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. We have reviewed the request and find no conflicts with our
interests. Pe place. 0.vi tKt5}ins TowiwilliAdeVrNs VEYlarwtn gccrisss/
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: �///j//t e,�/ti Agency: Exti-p.G 0
Date: oy --do7- -/4
S EXHIBIT
940537
TO0'3UUd ZT£BS6S£0£ S£:ST 176, 0Z drib
, OX 31` 501 Wane Street
K DV R DENVER Denver,Colorado 80204-5859
THEFOXOFTHERO(IOES Phone(303)595.3131 Fax(303)5954312
March 14, 1994
Mr.Todd Hodges
Weld County Administrative Offices
1400N. 17th Avenue
Greely,Colorado 80631
Fax 303-351-0978
Dear Mr.Hodges;
I promised Keith Schuett that I would send you a copy of the FAA aeronautical study. The pierce
tower went out for public comment on 19 March, 1994. On 2 May the comment period ends and
we should have approval from the FAA shortly thereafter. I talked with the FAA office and there
does not appear to be any problem at this time. You will note that the MA itself determined that
there was no air hazard. In any case,I'm sure the fax will be unclear,however the file number is
94-ANM-0112-OE.
Would you be kind enough to give me a call when you get a chance tomorrow?I'd like to make
your acquaintance and I would you to know that Pm available for questions at any time. Also,
please let me know how the County Commissioner Process works.
Sincere
'41
Frederick M.Eimm gartner
Engineering Manager
P.S. Yes there is an error,,,. it's San Francisco vrs Denver and not Sacrmnento.... oops.
d▪ EXHIBIT
I --I'
I'd J•nyjer, 46, 02 ddC
ZOO'Meld ?128S6s202 92:ST b6, 0Z add
•
•
•
US yiF.yl in R'O InfiPLT ROMP TO
S kreerMA?IP' ,• -- AtIONAUTICAL erupt
• Federal Avignon NO• SemaHIie011atOE
AdmFtiaTivtlen
AERONAUTICAL STUDY OF PROPOSED CONSTRUCTION OR ALTERATION
• cONtrptue ION LOC,TION
8 Deaver Television Inc. PLACE NA4t •
naa �nVAcTV .
601 Wasee St. Piercer Co
_Denver, 80204 Lantana LONSRUDa
' 40°38'30.93 ' 104°49'04.89"
CONSTRUCTION DESCRIPTION MIGHT ON Fain
PROPOSED • .aev!G ReadD o+•SE Ma
Antenna Tower 738' 5985'
A notice has been filed with the Federal Aviation Administration that Ins above described structure is proposed for construction.
As proposed the structure would exceed the standards of Subpart C of Pan 77 of the Federal Aviation Regulations and would be
identified as an obstruction to air navigation. Accordinglj,'the FAA is Conducting an aeronautical study of the proposal to
determine its effect upon the safe and efficient use'ef the navigable airspace by aircraft and on the operation of air navigation
faciliilas.
In the study,consideration will be given to all facts relevant to theeffect of the proposal on existing and planned aimpato use;air
navigation•facilltiee;airports:aircraft operations procedures and minimum flight altitudes;and the air traffic control System, •
However,only those plans on file with the FAA,.on the date the notice concerning the above described proposed construction
was received,will be considered.
•
Interested persona are invited to participate in the meronautical study by submitting comments to the FAA office Suing this
notice.To be eligible for consideration,cnmmente must be relevant to the effect the proposed construction would have on
aviation,provide sufficient detail fo permit a tier understanding,and be received on or before May 02, 199th
Please refer CO the aeronautical study number printed in the upper right hand corner of this notice.
`
This notice may be reproduced and recirculated by any interested person.
See Attaches
•
• i+ EXHIBIT
. •
I �G
, pen Ted tra and 77 airspace etc? Procedures Specialist
IM OD IN Seattle. to tinetnn• V•h Metph 17. 1994
AIRPORT MANAGEIS-PLEASE POST
COMMENTS INVITED .
-
FAA Form71604 16131la 1 su'teteMb Pill V p!.t 11,1,1 4
• 100 212tfd 005—WNU WQthl Wd82:b0 46: 0SW 537
200'39tld ZT28S6S£0£ 92:ST 66, 0E 'Jde
** 300'39tld 1tl101 ** �—
•
The structure is located approximately 17.5 NM northwest of the Greeley-Weld •
County Airport, and approximately 15 NM northeast of the Downtown Fort Collins
Airport. The charted 'depictioh on the back side of this paper is taken from '
the Cheyenne Sectional Aeronautical, Chart which Will become effective when the
new Denver•Internatlonal Airport, Is Commissioned. The structure is currently
charted with a. 660' AGL (5915' AMSL) height. The proponent intends to
increase the tower height to 733' AGL (5985' AMSL)., ,
It would exceed the obstruction standards of Federal Aviation Regulation Part
77 as follows; ,
77.23(a)(1) by 2381. - A height more than 500 feet AOL.
The structure would not adversely affect any instrument flight rules
procedures, minimum flight altitudes, or,minimum vector altitudes. Comments
regarding the 'potential affects On visual flight rules operations is hereby
solicited. .
•
•
•
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Z00 'onus 005—WNtl W?JAQN Wd62:60 66610296401537
----MAY 05 '94 10:16AM KDVW , • P.2 .
•
Peale bland - trangmitteifnene Te7t Pettus e v
• 1.3 Deoortmeni
, �t ..�/L aehonw+wLL STUDY
ol�lOsSOOrrouon so.
Adntll6Sha tan ►" r l�lF�ll� , : ._L 94-74-0112-.OE
0 k DETERMINATION OP NO HAZARD TO AIR NAVIGATION ' , •
.
\ Mai ,
. • .• . ,. . CONSTRUCTION LOCATION
\\' Television Inc. �"i'6
W �dba 70JVRvTV Pierce, CO
501 passe St. .
• Denver, CO 80204 yaartype or+ruet
HAD 83 . 40.34'30.93"( 104°49'04.89"
oateara r soulsiT women —
CONDTRUCTION .• '.ease GM". aao d ivl.
MOPCSaO Antenna Tower 738' 5985'
An aeronautiell atudYof the procesed construction deacribed ibove as been completed under me wedgies of Dan 77 01 the►edarMAnetion
• Regulations.Based on the study it is fund that tat senatruction would have no manned advent effect enihe safe and efficient utilisation 01
the navigable airspace by aircraft or on the opettlon of sir navigation IamUliee Therefore.Pureuentto the authority delegated teOut.it is hereby
determined mat tat construction would not Da a Mare to elf navigation provided the Idlewdg conditions,are mes
Conditions
Obstruction stark and light in accordance with Advisory Circular IiC.70/7460-1E,
• Chapters 3, 4, 6,
and medium.1.3; intensity lternate•band' o strobe lights operated of
aviation
orange and
white� Wye
request)
daily, Paragraph 62.a.
$upplementel notate of construction is required any time the project is abandoned fuse the enclosed FAA tam).or
•
0 At least 45 hours before the start of construction liras Me endued PAA fermi •
fl witmn five days alter the consltuetbn macros as greaten height fuse the enclosed FAA fermi
This deurminchen W pines o,t wovember 03k, 1994 ,,Mss
(a)enended.iwaad or terminated by the leasing athge:
(b)the cone:w an is sane s to Inc se
to of the Federal Communications Corrtm'esion and an adolicaoen tar a
censlructiOn Oermit is made to the FCC en p before the above expiration date.m such satellite de erminatlon expires on list axle
prescribed In the FCC ter eompleiion el cgnatnrstldn,dr en the date the FCC denies the application.
NOTE Requestfo.evertoroftheaffecbwpernedoftinsdeterminationmustbepostmarkedaa vendtomaissuingotltoeatleast15days
poor to the expiration date.
This deternunelion is subleer to Huila It an interast d parry tike a piston On er Sae June 03. 1934 In the
event a petition ler review is filed,it Shedd be submitted in triplicate rS Stammer Flight
me basis oinsuccra,fieMien$smut. MT.210.
Federal Aviation Administration,Washington.0 C.20691 ire mat.in wn,eh case
This deteminatich becomes final on' June 14, 1994 unles a petition for renew IsdmMr
the determination will not become final pending disposition of to pennon interested panes Ml be nettlied of the gram el any rataw.
•
An aedbdnt Of the study findings.aeronauncalobjections,If any.registered with me FAA dunngfstuly.and Mamma for Ma FAAY deaden IA
•
this mar will be found on the fliowin2 pages)
II me structure is subject 10 all teeming authority of the FCC,a copy of ma determinalion will be sent le that Agency
This oefemiinatcn,laaued in accordance with FM Pan 77.concerns the effect el this proPceai on me ere end ordinance.at fe be� sble
al
airspace by aircraft and does net relieve the sponsor d any camplionae reeponslbildna Mating any
•
Federal.Stale or Ideal government body.
•
•
Ted Me land Taut Airspace and Procedures Specialist
setae .
Seattle, 14A May 03, 1994
nwaeaa dm
semi,,t Pages
100' 32 d Des-WNU WOtJ'9 V0:8 413. S ACW
MAY 5 '94 09:23 y 3035958312 PAGE.002
si EXHIBIT
II /7 940537 1
ICONEANIIM
SENO
The Weld County Planning
Commission will hold a
public hearing on Tuesday,
May 17, 1994 at 1:30 p.m. r
for the purpose of AFFIDAVIT OF PUBLICATION
considering a Site Specific
Development Plan and a
Special Review permit for STATE OF COLORADO
the property describedSS -
below. Approval of the
request may create a vested COUNTY OF WELD
property right pursuant to
Colorado Law.
I, ROGER A. UPIER, of said County of Weld, being duly
APPLICANT: Denver sworn,say that I am publisher of
Television,dba KDVR
LEGAL DESCRIPTION:A WINDSOR BEACON
tract of land in the SE4 of
Section 19,TEN, R&M of
the 6th P.M..Weld County, a weekly newspaper having a general circulation in said
Colorado.
olod° County and State, published in the town of WINDSOR, in
TYPE AND INTENSITY OF said County and State; and that the notice, of which the
PROPOSED USE:A 738
foot guyed communications annexed is a true copy, has been published in said weekly
,tower in the A(Agricultural) for successive weeks, that the notice was
zone elavipL publish in the regular and entire issue of every number of
LOCATION: North of and the paper during the period and time of publication, and in
adjacent to Weld County
Road 90;approximately 1/3 the newspaper proper and not in a supplement, and that
mile west of Weld County the first publication of said notice was in said paper bearing
Road 27. the date of the ///� /�
The public hearing will be! /� niday of ' "-fit,, Y , A.D., 19?`f and the
held in the Weld County last publication bearing the date of the
Commissioners' Hearing _day of A.D., 19 and that
Room, First Floor, Weld the said WINDSOR BEACON has been published
County CenwMalFenter,
915 T sIltre4}e•ley, continuously and uninterruptedly for the period of 5
Cdfurado. Co asMts or
i objections rar*sd lid the consecutive weeks, in said County and State, prior to the
above r, be date of first publication of said notice, and the same is a
aabmiir In a the newspaper within the meaning of an Act to regulate printing
Weld SSWOMPOnniia of of legal notices and advertisements, approved May 18,
Manninopeelese 1400 N. 9 PP
17th Mews, Greeley. 1931,and all prior acts so far as in force.
Colorant Sit.en,the
above Se or presented at
///
the public hearing on May /�/t/ `-" t17, _
Co 1994. j-1\-
Copka al the appHcatlonare J18 ISHER
available for public Inryectlon in the Department
of Planning Services, 1400 Subscribed and sworn to before me thisJ$'_
day of
N. 17th Avenue, Greeley, qq
Colorado 80631 -Phone - /1,-4-c.-7) , 19 C7C7
35&3645,Extension 3540,
Judy Yamaguchi, • 449.,„,1t-611 ✓A r / / r"%"�'
Chairperson NOTARY PUBLIC
Weld County Planning
Commission t�
To be published in the My commission expires / r / /G(n
Windsor Beacon
To be published one(1)time
by-April 21,16214z;..
Published le Ma wuss
Been Pod M 1f54.
D
. MAY 2 1994
J
EXHIBIT' Wan rr i.Ru°Isltllliall
940537
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in
accordance with the notification requirements of Weld County in Case Number
USR-1047 for Denver Television, Inc. , KDVR in the United States Mail,
postage prepaid First Class Mail by letter as addressed on the attached
list.
this 21st day of April, 1994.
EXHIBIT
94053
ritC111A-ss
, 44IIIII DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3545, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
Date: April 15, 1994 CASE NUMBER: USR-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
o
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, T8N, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does 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. � We have reviewed the request and find no conflicts with our
.interests. -.s-.,..tee•-k..ew-r.,E �c-c.‘cb, eitNre. ,er- "Cli .. \ems Ola:2\c\-
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refe to the enclosed letter.
`
Signed: P , \ e> 'L —Agency: : _c_ '-x,_ ��.SJ Cc,.-s
Date: `--l- 3O - `-�y "T .,
' EXHIBIT II MAY 16 1994
ao ''"n'a remits Planning
940537
rts7:C--N
DEPARTMENT OF PLANNING SERVICES
Wilpie
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES 140 NUE
EY, O ORA O8 631
G REELEY, COLORADO 80631
COLORADO
Date: April 15, 1994 CASE NUMBER: USR-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba KDVR for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, T8N, R66W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
<___-
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. we do not hav- a Comprehensive Plan, but we feel this request
is/:s not) compatible with the interests of our town
for the following reasons:
3. y� We have reviewed the request and find no conflicts with our
/ interests.
4. `-- A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please ref r to the enclosed letter.
Signed: - Agency: /14wr1 / 7k-a, /n-fDrin�{//
Dill-
Date: `S-- // 0 ♦ �.liVt
EXHIBIT \� MAY 16 1994 \I
_a__ .ar..M/`»+•^^at!lanniAng
940537
05/12/94 08:41 22300 969 6556 FCC-DENVER 2001
iONAff/
ei.
x? UNITED FEDERAL COI STATES GOVERNMENT
" CATIONS COMMISSION
' s. ' MEMORANDUM
Date: May 12, 1994
Reply to
Attn. oh Engineer-in-Charge, Denver Office
To: Todd Hodges, Weld County
Subject: Television Station KFCT
Via Fax: 303-351-0978
It is our understanding that television station KFCT has filed a special use permit with. Weld
County and an application with the Federal Communications Commission for a construction
permit The Commission is not in a position to comment regarding use permits in these matters
From a regulatory position, the Commission will issue a constriction permit to the permittee of
KFCT to build the television station upon filing of a proper application. Construction permits are
issued by our Washington, D_C_ offices.
If you have any questions in this matter you may contact me at 303-969-6497.
LEO E. CIRBO
/pa e taffr
• EXHIBIT
MAY 12 '94 08:44 303 969 6556 pAcTE 001
940537
T00'3UHd 6£55982£0£T D3512.77r
•
it
MAY 1 11994
womentusnannicg
. DEPARTMENT OF PLANNING SERVICES
C"vp PHONE(303)353-3346, EXT.3540
{ WELD COUNTY ADMINISTRATIVE OFFICES
1400 N.17TH AVENUE
APR 2 0 1994 GREELEY,COLORADO 80631
COLORADO FM DEN'Date: April 15, 1994 CASE NUMBER: USR-1047
TO WHOM IT MAY CONCERN:
Enclosed is an application from Denver Television, Inc. , dba EDAM for a Site
Specific Development Plan and a Special Review permit for a 738 foot guyed
communications tower in the A (Agricultural) zone district. The parcel of land
is described as a tract of land in the SE4 of Section 19, t8N, R66W of the 6th
P.M., weld County, Colorado. . The location of the parcel of land for which this
application has been submitted is north of and adjacent to Weld County Road 90;
approximately 1/3 mile west of Weld County Road 27.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by April
29, 1994, so that we may give full consideration to your recommendation. Please
call Todd Hodges, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above..
1. 1 We have reviewed this request and find that Mt at r`iCAg1 Mw4
doe �-AOTA iF3$: y(' •.atuLM:# MA. 4e4 11'Tl1O—( A19{jtt of el ojc4
`O f m b6 0/t4
o r ioh
tug( bt Str4 10 weld Co.ii(y 09 • of P(annin .
2. We do not have a Comprehenei've Plan, but we f el this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed lenott L
letter.
Signed: ` �Agency: rt , {,fvtr •s`bO (3c3' MIS-4o
Date: rill /74 21110 Roily\ ��•. 410o
ARhvtr Colocodd $o<Ib
SCo'1-k- FredtrickSth, + EXHIBIT
Env%rafMt'NW 0Eftcer
TO" d 900. 0N 2b: VT 176 TT 62W 62SS98Z202T : 131 940537
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
PLANNING COMMISSION SIGN POSTING CERTIFICATE
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
BEFORE THE PLANNING COMMISSION HEARING FOR CASE // USR- Moth THE
SIGN WAS POSTED BY:
FR£Q i34 4,4,rw$t
NAME OF PERSON POSTING SIGN
SIG ATURE OF APPLICAN
STATE OF COLORADO )
ss.
COUNTY OF WELD )
SUBSCRIBED AND„$WORN TO ME THIS / DAY OF , 19 I I .
,- tt.. ^G
SEAL
4K' NOTAR PUB_,IC
C"
� f O r rbti'
MY COMMISSION EXPIRES N I , 1`k q .
LAST DAY TO POST SIGN IS: 4-19-94 , 19 94.
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
M
• EXHIBIT
94 ., ,
Hello