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Home My WebLink About20221692.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT APPLICATION RECEIVED BY DATE RECEIVED: CASE it ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION Is the property currently in violation' Ilh No / Yes Violation Case Number: Parcel Number: ° 4 7 3 3 5 - _0 0 0 TBD Site Address: Legal Description: Ft E 1/2 Section 25, Township 9 Forth, Range 56 West, Well Counter, CO Section: 25 , Township 9 ICJ, Range 56 1111 Zoning District: AG Acreage: 310 Within subdivision or townsite? 111 No / Yes Name: Water (well permit # or water district tap #): N/A Sewer (On -site wastewater treatment system permit # or server account ##): N/A Floodplain " No / UYes Geological Hazard El No I Yes Airport Overlay IM No / Ill Yes PROD EcT U R Use being applied for: New tower Name of proposed business: Industrial Tower West, LLG . , Mountain Tower & Land, LLC . PROPERTY OWNER(s) (Attach additional sheets if necessary.) Name: George J. Leis Family 'gust & Sharon R. Wolever Trust company: CIO Dan Leis (son) Phone ##: 970-467-0615 Email: Street Address: 32093 CR 31 City/StatefZi p Code, Merino, CO 80741 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Rick Bailey or Jon Becker Company: Industrial. Tower West, LLC Phone : 970-768-6464 Email: Rick . Bai ley@Viaero l com Street Address: Corporate office 1224 W. Platte Ave, Fort Morgan, CO 80701 City/State/Zip Code: Rick Bailer office 205 S. Maloney Dr., North Platte, ICE 69101 (We) hereby depose and state under penalties of perjury that all statements, proposals, andfor plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the ,property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. '9 n Print g->-76Z� Gate Signature Date Print DEPARTMENT of PLANNING AND BUILDING DEPARTMENT of PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH17TH AVENUE R E E L EY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES Sharon R. Wolever Trust Industrial Tower West LLC I, (We), . give permission to - (owner - please print) (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the propel located at: vaunt land located within NE 1/4 Section 25, Township ( North, Range 57 West of the 6th P.M. Weld County, Colorado NW 1/4 Legal Description: 25 of Section , Township N Range 57 W Subdivision Name: Lot Block Property Owners Information: Sharon R. Wolever Trust 970-467-0615 N/A Phone: E-mail: Applicant/Agent Contact Information: Industrial Tower West LLC C/o Rick Bailey or Jon Becker 970-768-6464 Rick. Bailey@Viaero.com Phone: E -Mail: Entail correspondence to be sent to: Owner E - Applicant/Agent r inir , Betty Postal service correspondence to he sent to: (choose only one) owner IL Applicant/Agent Applications pertaining to gain approvals for a Telecommunications Antenna Tower on lands listed aboN Additional Info: Owner Signature:al aA 641/at/ )2M1 A/Lim, ie. late: al r Sharon R. Wo1eveo the Bhar R. Wolever Trust Owner Signature: pate: 8/13/21 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1 555 FORTH 17TH AVENUE GREELE` , CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES The George J. Leis Family Trust co Dcrthy LeiE , Industrial Tower West LLC I, (We), -- , give permission to (Owner - please print) (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: vacant land located within NE 1/4 Section 28, Township ( North, Range 57 West of the 6th P.M. Weld County, Colorado Legal Description: N 1 �� of Section �� 57 R , Township N, Flange W Subdivision Name: - Lot Block Property Owners Information: The George J. Leis Family Trust & Sharon R. Wolever Trust Phone. 970-467-0615 N/A E-mail: Applicant/Agent Contact Information: Industrial Tower West LLC C/O Rick Bailey or Jon Becker 970-788-6464 Rich. BaileyViaero.corn Phone: E -Mail: Email correspondence to be sent to: Owner Applicant/Agent Postal service correspondence to be sent to: (choose only one) Owner Additional Info: Applicant/Agent Applications pertaining to gain approvals for a Telecommunications Antenna Tower on lands listed ably Owner Signature: � e , Date: Dorthy J. I,e Trustee of the George J. Leis Family Trust OwnerSignature: Date: - 8/13/21 I IIIIIIIIIII IIIIIIIIII 111111 1111111111 11111111 11111111 3383024 04/27/2006 04:36P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder STATEMENT OF AUTHORITY (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named THE GEORGE J. LEIS FAMILY TRUST DATED SEPTEMBER 20, 2002. 2. The type of entity is a: ❑ corporation ❑ nonprofit corporation ❑ limited liability company general partnership ❑ limited partnership 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 32093 C.R. 31, Merino, CO 80741 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: DOROTHY JEAN LEIS, Trustee 6. The authority of the foregoing person to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: N/A 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R,S. 9. This Statement of Authority amends and supersedes in ail respects any prior Statement of Authority executed on behalf of the entity. ■ ❑ registered limited liability partnership ❑ registered limited liability limited partnership limited partnership association ® living revocable trust ■ Executed this )3 day of STATE OF COLORADO COUNTY OF MORGAN Mal DOROTHY JEAN EI )SS. , 2006. The foregoing instrument was subscribed, sworn to and acknowledged before me in the County of Morgan, State of Colorado this 13th day of April , 2006 by DOROTHY JEAN LEIS. Witness my hand and official seal. My commission expires: M4y 9., 2008 ,. PR nI Y 'IFifidaliec �. ,j. /s• • w r r • . op, op cov i inui mn iu�i iiiiii ni moil lull iii niu uii ini 3757334 03/21/2011 04:33P Weld County, CO 1 of 1 R 11.00 D 0.00 Steve Moreno Clerk & Recorder After recording return to: Sharon R. Wolever 28010 Highway 71 Snyder, CO 80750 STATEMENT OF AUTHORITY (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named THE SHARON R. WOLEVER TRUST DATED DECEMBER 19, 1995. 2. The type of entity is a: ❑ corporation ❑ registered limited liability partnership ❑ nonprofit corporation ❑ registered limited liability limited partnership ❑ limited liability company ❑ limited partnership association ❑ general partnership X living revocable trust ❑ limited partnership 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 28010 Highway 71, Snyder, CO 80750. 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: SHARON R. WOLEVER, Trustee 6. The authority of the foregoing person to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: N/A 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this day of ark) , 2011. try Atin,,_ SHARON R. WOLEVER STATE OF COLORADO )SS. COUNTY OF MORGAN The foregoing instrument was subscribed, sworn to and acknowledged before me in the County of Morgan, State of Colorado this day of art, 2011 by SHARON R. WOLEVER. Witness my hand and official seal. My commission expires: Q, (301a- ary Public EINDA SHELTON Y PUBLIC, STATE OF COLORADO My Comm. Expires May 9, 2012 CERTIFICATE OF LIMITED LIABILITY LIMITED PARTNERSHIP OF THE PAUL R. WOLEVER FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP KNOW ALL PERSONS BY THESE PRESENTS that PAUL R. WOLEVER and SHARON R. WOLEVER desire to form a Limited Liability Limited Partnership under and by virtue of the laws of the Mate of Colorado, and does hereby make, subscribe and sear to this Certificate of Limited Partnership in writing under the provisions of the Colorado Uniform Limited Partnership Law as follows: 1. The name of the Limited Partnership shall be TFIE PAUL R. WOLEVER FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP (the "Limited Partnership"). . There are at least two Partners in the Limited Partnership, one of whom is a Limited Partner. The name and address of the agent for the Limited Partnership is; PAUL R. WOLEVER 28010 Highway 71 Snyder, CO 80750 4. The names and addresses of the General Partners are: PAUL R. WOLEVER 28010 Highway 71 Snyder, CO 80750 fi '..� ia� •• • ` T• .. n r .7 r(.. -M H •• T .• sc,� � er ��,�� •. t. Tr • 1 ' r• Y l!� !t T! .•• SHARON RasvvuLEVzR 28010 Highway 71 Snyder, CO 80750 r :• � .... 5 . Pursuant to C.R. S. 7-64-1002 (1) the fallowing Registration Statement infom tion is provided: a. The Chief Executive Officer i s : PAUL R. WOLEVER ?R010 Highway 71 Snyder, CO 80750 b. It is the unanimous .intent of the General Partners (as noted by their signature below) that this Limited Partnership be considered a Limited Liability Limited Partnership as provided by C.R.S. 7-4-1002(1). IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of y f - _ , 1999. GENERAL PARTNERS iesi) Cwt -t • { PAUL R. WOLEVER f lug freliLti-tia y9 SHARON R. WOLEVER USE BY SPECIAL REVIEW USR PROCEDURAL GLIDE DEPARTMENT of PLANNING SERVICES 1555 N. !17T" Avenue, Greeley, CO 80631 I 970-400-610o I vommwe`dgov.com Note: A Pre -Application Request Form must be submitted to the Department of Planning Services prior to the submittal of a U FO application. Note: 1041 land uses require a separate application. Submit all the application coaents as separate documents,_ in PDF format, in the order outlined in the checklist below PLANNING REQUIREMENTS CHECKLIST __I%Application Form. (see attached). Authorization Form, if applicable. (See attached). Deed identifying the surface estate ownership interest in the property and relevant Lease documents. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. Trustee documents if the owner is a Trust. A Certificate of Conveyances (o) prepared by a Title Company. Once signed, the COC expires within 30 days. A signed Statement of Taxes from the County Treasurer shoring no delinquent property taxes for subject property. The Statement shall be from the current tax year. Completed Planning Questionnaire. (See attached). Draft USR map. (See attached for map requirements.) _Pik Lighting Plan following the standards set forth in Section 23-2-250.D, if applicable. Landscape and Screening Plan detailing the existing and proposed landscaping, property maintenance, installation schedule, irrigation method, security and/or privacy fencing, trash kir enclosure, portable toilet screening, etc. if applicable. __A Soil Report of the site prepared by the Natural Resource Conservation Service or a soils engineer. ..X. Communication or Decommissioning Plan, if applicable. Emergency Contact Form. (See attached). Uthi I(1101)F rm from a municipalityor munici aIities if the site is located Frithin an Notice of Inquiry opq � Intergovernmental Agreement ° A) boundary or a Coordinated Planning Agreement (CPA) boundary, if applicable. �� Buffer Report, signed, of the names addresses and parcel numbers of the surrounding property -- p g � P g p p owners within Soo feet of the property. Once signed, the buffer report expires within 30 days. Community meeting sign -in sheet, minutes, and summary (optional). The names and addresses of any owner, operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. on the property, if applicable. A copy of any surface Use Agreement with mineral owners associated with the subject property, stipulating that the oil and gas activities on the subject property have been adequately incorporated in into the design of the site in accordance with Sections 23-2-1602_ arl, Application fee. A 50% investigation fee is required if this is application is in response to a violation. riALJA. Cs Daka: Continued on the next page 12/15/21 USE BY SPECIAL REVIEW (USR) PLANNING QUESTIONNAIRE Answer the following questions per section 2--280. A, E, C E of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. . Explain the proposed use and business name. . Explain the need for the proposed use. J . Describe the current and previous use of the land. „L. Describe the proximity of the proposed use to residences. .-5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. Describe the hours and days of operation (i.e. Monday thru Friday 8:00 a.m. to 5:00 p.m.). 7. Describe the number of employees including full-time, pert -time and contractors. If shift work is ro osed p p , detail number of employees, schedule and duration of shifts. . Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time. g. List the types and maximum numbers of anim Is to be on the site at any one time for dairies livestock confinement operations, kennels, etc.). /0/4.4 10. List the types and number of operating and processing equipment. p g 11. List the types, number and uses of the existing and proposed structures: # -(74 ~12. Describe the size of any stockpile, storage or waste areas. ivi4 %,13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. '1. Include a timetable showing the periods of time required for the construction of the operation. 15. Describe the proposed and existing let surface type and the square footage of each type(i.e. ravellandscaping, dirt, grass, buildings). asphalt, NA 15. How many parking spaces are proposed' Hoar many handicap -accessible parkin spaces are ro used? 9 p p p ' er 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. 18. Describe the existing and proposed landscaping for the site. is 19. Describe reclamation procedures to be employed as stages of the operation are p phased out or upon cessation of the Use by special Review activity. R 20. Describe the proposed fire protection measures. 21. Explain how this proposal is consistent with the weld County Comprehensive Plan per Chapter 2 of the weld county code. R R 4/22. Explain how this proposal is consistent with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article III of chapter 23 of the weld County Code.) -) 28. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. 0-24. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. `�25. Describe an irrigation features. � flArk.Z � . y es. If the proposed use is to ice ocated in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. * 26. Explain how this proposal complies with Article V and Article xl of Chapter 2 if the proposal i . p" p p is located within any overlay zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts or a Special � Flood Hazard Area identified by maps officially adopted by the County. '27. Detail known State or Federal permits required for your proposed use(s) and the status of each permit. Provide a copy of any application or permit. Industrial Tower Si West Industrial Tower West, LLC 1224 West Platte Ave Ft. Morgan, CO 00701 Ph: 970 -46? -3199 Letter of Request Use by Special Review for Telecommunications Antenna Tower Stoneham Forth, Co Cellular/Broadband Communications facility This request by Mountain Tower & Land, LLC and Industrial Tower West/ LLC with an address of 1224 VV. Platte Ave. Fort Morgan, Co 80701 is for approval to install a Cellular/Broadband telecommunication facility which would consist of a Three hundred and thirty foot (3301 tall "guyed type" Antenna Support structure (tower), a supporting 1o'x2o'x6' prefabricated equipment shelter would sit atop a concrete pad adjacent the tower, a separate concrete pad would support a backup generator, a buried 1000 gallon propane tank would provide fuel for the generator and the site will be secured with a b' high chain link fence with three strands barbed wire atop. The antenna support and supporting equipment will be in full operation 24 hours per day, 7 days a week. Mounted on the tower initially will be several panel antennas, microwave antennas and supporting equipment. The facility will be a valuable link in Viaero's (an affiliate company) Wireless Cellular Broadband communications network as we continue to enhance performance in our network within the rural areas north of Stoneham that currently lack reliable GSf111/UTMS services and require additional 4G capacity. Viaero strives to offer high -quality wireless network services, including wireless telephone service, wireless high-speed Internet and wireless -1-1 service. Viaero's network currently extends over Colorado, Nebraska, Western Kansas, and Eastern Wyoming and South Dakota. Viaero strives to provide seamless coverage in its service areas, as well as coverage throughout North America and beyond through dozens of national and international roaming agreements with other service providers. Like Viaero's other sites, the touchstones of its design are safety and durability. The site will be designed to meet Federal, State and County minimum standards. The tower design will have available space for several antennas' configurations, radios and supporting equipment which can be located on the tower at various unoccupied spaces on the tower up to the structural capacity of the tower. The tower is designed to support two additional carriers. There is additional ground space availabie adjacent the tower base for future additional equipment. The unmanned site will not be utilized for retail, wholesale purposes and will not require water, sanitary sewer and no waste will be generated at the site. The facility will comply with all Federal Communications Commission guidelines and standards and a small four -foot unlit sign will be attached to the fence to identify the owner and provide contact information. The proposed Communication Facility will aid with economicdevelopment as persons living in and passing through the coverage area will have quality access to dependable high quality wireless phone services, wireless emergency services and quality high speed wireless broadband therefore providing the tools too better promote tourism, residential, commercial and industrial growth. The facility will comply with all current growers County regulations. Need for Proposed Use in Area The need for a new additional site in the area has reached a critical junction for Viaera. This need for the additional site is being driven by two aspects. First, the introduction of 4G service coverage which has causedviaero as well as other carriers to place additional tamers in use areas to provide better in building coverage. Second, and in this case most critical, the increased usage in the 4G environment has placed extremely high demands on existing capacity for service. The data usage has increased aimost 10 fold as customers are using their smart phones at a higher level. Current service is spotty and nonexistent in this area and soon calls may be blocked that need to get through. It is also passible that an emergency call may not be able to be completed. viaero strives to develop a robust, redundant network by linking its towers together by microwave radio paths. This provides viaero's customers a reliable network that is rarely impacted by outages experienced by other telephone companies, because the network is not reliant on third -party carrier facilities. The proposed tower site would be located within an approximant 31O Acre parcel of land is not currently addressed Weld County Assessors ICS# 047325000OO9. The parcel is generally described as a part of the East M of Section 25, Township 9 North, Range 57 West of the Oth P.M. Weld County, Colorado. The Lot is zoned Ag. The parcel is currently natural grass utilized for grazing and there are no developed structures, no sewer, no water, or surface mineral extraction on property. There are no current surface uses of oil and ,gas, irrigation, ditches/laterals. There will be no onsite employees. Granting of the Zoning Permit will not modify the Land Use Plan, its intent, purpose, or the spirit of. Granting of the permit will have no negative effect of surrounding properties and is harmonious with the intent of the Land Use Code and will not adversely affect effect the public health, safety, or welfare. Access will be gained by a proposed new driveway on the north side of the parcel and south ROW of CR 102 approximately 335' west of HWY 71. A Title Commitment revealed that there are no recorded liens on the property. Mountain Tower & Land, LLC has a contract with the property owner to purchase a permeant easement area described in the survey. Industrial Tower West, LLC through a ,Waster lease agreement with Mountain Tower & Land, LLC will own, install, maintain and operate the facility. This site was selected for a number of reasons which include being located within the targeted search area to provide optimal network coverage to this portion of our network and more specifically to better cover areas north of Stoneham along HWY and to look into the bottom of the Pawnee Creek area along the highway. Our nearest existing tower site is 8.28 miles south near Stoneham (50' in height) the next nearest site in our network is Nest of New Rayner (over 12 miles to the South west) and is simply unable to deliver the required service to the area due to the terrain contours in area. Another consideration in regard to the selection of this site location is that we are required to have a high- performance microwave connection. See attached microwave radio pathway back to an existing Industrial Tower West, LLC tower site that in turn will take the data to the area managing switch located in Fort Morgan where the subscribers request will be distributed. The Microwave radio path must meet certain engineering criteria to deliver high performance and remain reliable. The Microwave radio path must not have any obstructions, other locations were analyzed prier to the selection of this specific location but they did not meet the required criteria. Traffic, and Effect on Adjoining Properties Traffic will be moderately increased during facility construction by foundation crews, cement truck and tower crews. Construction of the facility would consist of a couple of days of site prep for the foundation and pads. In one day, several cement trucks would deliver concrete for the foundation pads. An additional couple of days for grading and leveling around the pads. A prefabricated communication shelter would then be delivered and a shortly there after the tower would be installed together with with antennas and supporting equipment (usually a week). A fencing crew would then secure the site with the chain link fencing, install weed barrier &gravel within the security fencing areas, then revegetate with natural grass as needed. During construction there would be a couple of one -ton trucks bringing construction workers to the site. There would be a number of cement trucks on pouring of foundation day. After construction there would only be visits to the site as needed by pickups (usually once monthly). After the initial installation of the tower is complete, the site will be visited as often as needed by technicians, usually once every month, to ,make sure the performance of the site is meeting company expectations. The adjoining properties should not experience any detrimental effects from the slight to moderate increase in traffic. There will be no additional storage of fuels other than the propane described above, no chemicals or explosives will be used or stored on the site.There will be no negative impact to climate, air quality, geology{ and minerals, paleontology, topography, soils, water, vegetation, wildlife, recreation, visual resources, economics, and sociology, cultural, transportation, noise, or reclamation potential. There will be no negative impact or additional cast to County services and the respective fire department should also not experience any negative effect. In the case of the fire department the new facility will provide a higher level of wireless services in the specific area. I hope that this further explains ghat we are working to do. If you have any further questions, please phone me at 970-768-6464. Sincerely, Rick Bailey Mountain Tower & Land, LLC, Industrial Tower West, LLC 205 S. Maloney Dr. North Platte, NE 69101 Phone 9?o-768-64+4 E-mail Rick.BaileyViaero.conn zi/2/ao zz Industrial Tower a West Industrial Tower West, LLC Letter of Request for Weld County Environmental Health Use by Special Review for Telecommunications Antenna Tower Stoneham North, CO Cellular/Broadband Communications facility 1224 Vilest Platte Ave Ft. Morgan, CO 80701 Ph: 970-467-3199 This request by Mountain Tower & Land, LLC and Industrial Tower West, LLC with an address of 1.224 W. Platte Ave. Fort Morgan, CO 80701 is for approval to install a Cellular/Broadband telecommunication facility which would con of Three consist a ree hundred and thirty foot (3301 tall "guyed type" Antenna Support structure (tower). In addition to the tower a supporting 101x20'x6' prefabricated equipment shelter would sit atop a 11'x23' concrete pad (253 sf) adjacent the tower, a separate 9'x 6' concrete pad (54 sf) would support a backup generator, a buried 1000 gallon propane g tank would provide fuel for the generator and the site will be secured with an approximate 6f0/x50'x 6' high chain link fence with three strands barbed wire atop. The antenna support and supporting equipment will be in full operation 24 hours per day, 7 days a week. The unmanned site will not be utilized for retail, wholesale purposes and will net require water, sanitary and sewer no waste will be generated at the site. There will be no storage, stockpile or warehousing of any type of wastes chemicals at this site. There will be no washing of vehicles or of equipment on site, and no emissions from ain • • painting or oil storage. [wring construction crews will be responsible for their own bottled water. The tower site would proposed d be located within an approximant 310 Acre parcel of land is not currently addressed Weld County Assessors la# 04732500'0009. The panel is generally described as a part of the East X of Section 25, Township 9 North Range 56 West of �" � g the 6 P.M. Weld County, Colorado. The Lot is zoned Ag. The parcel is mostly lever natural grass utilized for grazing and there are no developed structures, no sewer, no water, or surface mineral extraction currently on property. There are no current surface uses of oil and gas, irrigation, ditches/laterals. There will be no ansite employees. A small amount of natural grass will be disturbed during the installation of the tower foundation concrete pads for support equipment, guy anchor points and security fencing. The areas around the guy u anchor points will be fenced with security fencing, within that fenced area we will install weed barrier and aggregate will b laced e p atop the weed barrier. The tower site compound (approximately S0'x60') we will install weed barrier and aggregate atop.Other grounds surround the tower site will be reviewed after construction and re -vegetated to natural grass as needed. The proposed new access easement (driveway) from CR 108 to the tower site is firm grassland. It should not require any aggegate and only a two trac trail will be utilized at this tim e to cress this area to get to the site. Access will be gained by a proposed new driveway on the north side of the parcel and south ROW of CR 102 approximately 335' west of HWY 71 Please let me know if you have any questions or concerns regarding this submittaVrequest. Thank you, Rick Baey Site Acquisition pecialist Mountain Tower & Land, LLC., Industrial Tower West, LLC. 205 S. Maloney [give North Platte, NE 69101 Phone 970-768-6464 E-mail} RickBailey@Viaero.com Weld County Crept, of Planning Services 1555 ICI. 17th Ave. Greeley, CO 80631 Phone: (970)400-6100 Fax: (970)304-6498 Property Owner Marne George Leis Family Trust & Sharon R VVolever Trust Company Address32093 CR 31 City Merino State CG Zip 80741 Phone 970-467-0616 E-mail Information The access is on CR 102 Nearest intersection: CR 1°2 & CR l`iV1 Y 71 Distance from intersection: 383 Parcel number: 047325000009 Section/Township/Range. 20''9-57 Total number of existing accesses to parcel: 317 Total number of proposed accesses: 1 Latitude0.73018 Longitude -103.689655 Planning/building case numlber Description of Work ACCESS PERMIT APPLICATION FORM Authorized Agent/Applicant (if different from Owner) Name Rick Bailey CompanyIndustrial Tower 11VIeat LLC Address 205 S. Maloney Dr. City North Platte Phone 970-768-6464 State NE Zip 60101 E-rna i I Rick.Bailey@Viaero.com Proposed Access Information Culvert size & type (1S" CM PiRCP mina TBC Materials used to construct access Agriae Access construction schedule 9/10/2022 Approx. width of access 20' Proposed Access Count Existing ,Access Court Residential Residential Commercial 1 Commercial Oil and Gas Coil and Gas Agricultural _ Agricultural 0 Temporary New access for construction and maintenance of proposed new broadband tower site, Required Attached Documents Property rnap or sketch (template available on pg. 2) indicating all proposed and existing accesses Access Pictures (N, S, Er & W at the location where the access meets a county maintained road) Access Authorization Form (Not required if the application is signed by the property owner) Additional application materials may be required by the Department of Planning Services. Fee schedule $150 - Temporary, Small Commercial & Residential $300 - Industrial & Large Commercial Submit application to accesspermits@weldgov.com By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all pages of the permit application; they have read and understand all the permit requirements .and provisions set forth on all pages. By virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to comply with all said permit requirements anti provisions, all Weld County ordinances, and state laws regarding access construction. Signature Rick Bailey Date Printed Name UM -Mb )_ Signature Printed blame _ (In case of multiple Property Owners/Authorized Agents) Date ani00)- Accesses must be constructed within 1 year of issuance. An extension can he requested from the Weld County Department 8/13/21 of Planning Services. Accesses must be in accordance to Chapter 8, Article XIV and Appendix 8-8 of County Code 11 Parcel Sketch A = Existing Access A= Proposed Access 5 cc a Ira c/1\ ed sitte Su,OY7 CR /0 7*%ft- N to CR 8113/21 12' N 3 2825 FORT Industrial Wiest E. MORGAN, BEAVER. AVENUE CO Tower 80701 PROJECT INFORMATION: SITE NAME: STONEHAM NORTH TB© STONEHAM, CO 80754 (WELD COUNTY)/I i° 1°2 � � M ♦, v I,II1QfICJ;IQGf • WI rrn 1 6 I• . .7JIt Ran, sing:twill n� i' '•• trs If [ml Sil sa a set" RR i�J �'°� MA t �"Y� LEGEND S =FOUND SURVEY MONUMENT • =SET SURVEY MONUMENT . (CAPPED 5/8"x24" REBAR) Q =TEMPORARY SURVEY POINT 4.... i :" * (P) =PLATTED DISTANCE "SET Tula (M) =MEASURED DISTANCE -EXISTING INDEX CONTOUR !. t no Acts I'MUD � ?� S/051O OCI�R/K70] D IX�TSO1 t- -EXISTING INTERMEDIATE CONTOUR €� Oa' id � N. W G p O =EXISTING WATER METER =EXISTING GAS LINE MARKER =EXISTING TELEPHONE PEDESTAL =EXISTING POWER POLE SEAL: —EXISTING GUY ANCHOR —EXISTING OVERHEAD ELECTRIC X —EXISTING FENCE UGE —PROPOSED BURIED ELECTRIC 0 —PROPOSED CHAINLINK FENCE ""ti 7 =PROPOSED CELL TOWER �.r V I• -� �4 REV DATE ISSUED FOR: DRAWN BY: CHECKED BY: SHEET TITLE: SITE PLAN SHEET NUMBER: A-1 REVISION: SITE PLAN DETAIL: I , 50 S°° SCALE: 1'1=150' SCALE IN FEET Current -65 to -10 ■ -75 to -65 ■ -85 to -75 ■ -95 to -85 ■ -105 to -95 ■ -114 to -105 with Stoneham North ■ -65 to -10 -75 to -55 -85 to -75 ■ -95 to -5 -105 to -95 ■ -110 to -105 Mountain Tower & Landl LLC, Industrial Tower West, LLC facility inventory Site Name Site Address Wiggins Hill Grover !Coordinates 1560. WCR 96, Orchard, CO 80649 N 40 13' 34.59°' W104 11' 34.59" 58985 CR 107, Graver, CO 80729 N40 61' 22A" W104 3' 23.5„ Grover Dt. 80 Tower RIB., Grover, CO 80729 Kersey 27984 CR 52, Kersey, CO 80644 N 40 61' 51" W104 13'42.94" New Raymer 62782 CR 86, New Ra y mer, CO 80742 N 40 21' 45.2.2" W104 31' 37.42„ N 40 36' 37.43" W103 51' 4323" Prospect East 377'98 CR 18, Roggen, CO 806.52 Ault East 8 riggsda l e 42006 CR 51, Ault, CO 80610 40005 CR 86, Briggsdale, CO 80611 N 40 6' 56.63" W104 20'27.91" N 40 36°34.67" W104 34' 28.93" N 40 36' 40.86" W104 17' 46.18" Legal description Pt. NE 1/4 515., T3N.,R61W,Weld County Pt. NE 1/4 511.,T1oN.,R60W, Weld County Lot 1 & 2 Abby addition to Town of Graver Pt. NE 1/4 84.,T5N.,R64W, Weld County Pt. NE 1/4 S34.,T7N.,R58W, Weld County Pt. NE 1/4 S29.,T2N.,R62W, Weld County Pt. SW 1/4 S32.,T8N.,R54W, Weld County Pt. SW 1/4 S3S.,T8N.,R62W, Weld County I Stoneham North site photos Looking North s• X*-4 i •" i t ,:a= h #yy'• - 4' ti - .11 i• Looking South Looking East .+ pP•}i7 O" �. 4 .. a'r N. . "ewl ?arc . • - �,q • 11. r _ w .p., •a - e 1� -r f Looking West Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Park va Fort Worth, TX 76177 Issued Date: 08/30/2021 kylyn Bellender Industrial Tower West, LL 1224 west Platte Avenue Fort Morgan, CO 80654 Aeronautical Study No. 2021-ANM-61 60 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical s , . �d under the provisions of 49 U.., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, gu ns, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Antenna Tower Stoneham North, CO Stoneham, C 40-43-45.97N NAD 83 103-41-22.56 4553 feet siteelevation ( E) 337 feet above ground level (AGL) 4890► feet above mean sea level (AM L) This aeronautical study revealed that the structure does not exceed obstr uction standards and would not be a hazard to air navigation provided the following s +condition (), if any, is (are) met: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 114, Obstruction Marking and Lighting, a med-dual system -Chapters - 4, 8 Dual), l5 Any failure or malfunction that lasts more than thirty(30)minutes and affect•.. s a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 6867 so a Notice to Airmen (144TOTAM) can be issued. As soon as the normal operation is restored notify the e sonic number. It is required that FAA. Form 7460-2, Notice of Actual Construction or Al e - filed be e filed any time the i project s abandoned or: At least 10 days prior to start of construction (7460-2, Part 1 X within 5 days after the construction reaches its greatest height ht g (74b0-2, Fart 2 ) This determination expires on 03/02/2023 unless: (a) (b) (c) the construction is started (not necessarily completed) and FAA Form - '746 ' � 2, Nonce of Actual Construction or Alteration, is received by this office. extended, revised, or terminated by the issuing office. the construction is subject to the licensing authority of the Federal Cam • Commission on�.misslon (FCC) and an application for a construction perrnit has been filed, as required by the FCC, within Page 1 of 5 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: QUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DA'B'S PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination does not constitute authority to transmit on the frequency(ies) identified in this study. The proponent is required to obtain a formal frequency transmit license from the Federal Communications Commission (FCC) or National Telecommunications and Inforrnation Administration(NTIA),prior to on -air operations of these frequency(ies). This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(les) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Vold Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the c n � construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used y during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable ace b airspace aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this detettitination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (816) 329-2525, or natalie.schmalbeck@faa.ov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2021- ANM-1 60 -OE. Signature Control No: 492088428-493075861 Natalie Schmalbeck Technician Attachment(s) Frequency Data Map(s) Page 2 of 5 ( DNE ) cc: FCC Page 3 of 5 Frequency Data for ASN 2021E N -6160-OE LOW HIGH FREQUENCY FREQUENCY FREQUENCY UNIT ERP ERP UNIT 6 7 GHz 55 dB 10 11.7 GHz 55 dB 17.7 19.7 GHz 55 dB 21.2 23.6 GHz 55 dB 614 698 MHz 2000 698 806 MHz 1000 806 901 MHz 500 824 849 MHz 500 869 894 MHz 500 167O 1675 MHz 500 1710 1755 MHz 500 1850 199'O MHz 1640 1850 1910 MHz 1640 1930 1990 MHz 1640 W 1990 2025 MHz 500 2110 2200 MHz 500 2305 2310 MHz 2000 2305 2360 MHz 2000 W 2345 2360 1'vlHz 2000 2496 2690 MHz 500 Page 4 of 36 in Nif;AE;I:10 WIFELESS Managed By �X 1 L r X 3Indusfrial Tower Nest , , _ , , „ l r N r l r X l r N 1 l r l 1 Decal to be applied at a later date (970) 768-6001 Falls City West, NE FCC TOWER #131358 J r 1 r 1 r 1 y r X y C N 36 in vr:IAERCII WIRELESS Managed By � Industrial Tower West F (970) 768-600 -Falls City West, N :FCC TOWER #131358 n 141 CIF CE Radio frequency fields beyond this point may exceed the FCC general public exposure limit. Obey all posted signs and site guidlines for working in radio frequency environments. -18 _ in NOT CE GUIDELINES FOR WORKING IN RADIO FREQUENCY ENVIRONMENTS All personnel should have electromagnetic energy (EME) awareness training. All Personnel entering this site must be authorized. Obey all posted signs. Assume all antennas are active. Before working on antennas, notify owners and disable appropriate transmitters. Maintain minimum 3 feet clearance from all antennas. Do not stop in front of antenna. Use personal RF monitors while working near antennas. Never operate transmitters without shields during normal operation. Do not operate base station antennas in equipment room. • Ph. 970.4-67.3199 * Fax 970.867.3589 # 1224-W Platte Ave + Fort Morgan, CO 80701 MOUNTAIN TOWER & LAND, LLC November 18, 2021 Weld Counter Planning and Zoning Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80621 RE: Decommission Plan for telecommunication tower located in Pt, NEE/4 Section 25, Township 9 North, Range 57 West, Weld County, Colorado To Whom it May Concern: This letter is provided by Mountain Tower & Land, LLC and Industrial Tower West, LLC in accordance with the County's request to memorialize the terms of the removal of the telecommunications equipment located at HWY 71 & W R 102, in the event that this tourer site ceases to he used for telecommunication. ication. purposes. Pursuant to Section 9(g) of the Option for Permanent Easement granted by the George J. Leis Family Trust and Sharon. R. Wolever Trust (as Grantor), and Mountain Tower & Land, LLC (asGrantee) dated April 1 , 2021, if after timely construction of the Improvements, Grantee or its successors or assigns fails to use the Easernent for teleconnmunications purposes for a period of (24) consecutive months, grantee or its successors or as signs, shall, within (6) months, remove all Improvements, including personal and nixed property thereon, and restore the real estate to substantially the same condition as received, reasonable gear and tear excepted. This provision will accordingly be incorporated into the Permanent Easement filed in the weld County records with the Weld Counter Clerk and Recorder upon closing Should you have any questions or require anything f other, please do not hesitate to contact the undersigned. Thank you, Jon Becker Mountain Tower & Land LLC. 1 224 W. Platte Ave. Fort Morgan., CO 80701 FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: Industrial Tourer West LLC 1224 W. Platte Ave. Same Phone: 97 City, state, zip: Phone: City, state, zip: List up to three persons in the order to be called in the event of an emergency: NAME Jon Becker TITLE President PHONE 0 Fort Morgan, CO 00701 970 7 68- 6001 ADDRESS 970-760-6500 1224 W. Platte Ave. On Call 970 76B-6001 1224 W. Platte AVE. Business Hours: 24/7 UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Cuff: Exterior Water Shutoff: Interior Water Shutoff: at meter pole Days: 365 NINA N/A N/A 7/2912019 21 AV Industrial Tower rall West Industrial Tower West, LLC Letter of Request for Weld County Public Works Driveway and Drainage Use by Special Review for Telecommunications Antenna Tower Stoneham North, CO Cellular/Broadband Communications facility 1224 West Platte Ave Ft. Morgan, CO 80701 Ph: 970-467-3199 This request by Mountain Tower & Lane LLC and Industrial Tower West, LLC with an address of 1224 W. Platte Ave. Fort Morgan, CO 80701 is for approval to install a Cellular/Broadband telecommunication facility which would consist of a Three hundred and thirty foot (330') tall '/guyed type„ Antenna Support structure (tower). In addition to the tower a supporting ortin 1.0x6pr efabricated refabricated equipment shelter would sit atop a 11'x23' concrete pad (253 sf) adjacent the tower, a separate 9'x 6' concrete pad (54 sf) would support a backup generator, a buried 1000 gallon propane tank would provide fuel for the generator and the site will be secured with an approximate 60'x50'x 6' high chain link to p fence with three strands barbed wire atop. The .antenna support and supporting equipment will be in full operation 24 hours per day, 7 days a week. The unmanned site will not be utilized for retail, wholesale purposes and will not require ,mater, sanitary sewer and no waste will be generated at the site. Existing electric power is adjacent the easement area and is provided by Morgan County REA of Fort Morgan Colorado. The facility will comply with all Federal Communications Commission guidelines and standards and a small four -foot unlit sign will be attached to the fence to identify the owner and provide contact information. The proposed tower site would be located within an approximant 310 ,Acre parcel of land is not currently addressed Weld County Assessors I D# 047325000009. The parcel is generally described as a part of the Fast l2 of Section 25, Township 9 North, Lange 56 V"Vest of the 6th P.M. Weld County, Colorado. The Lot is zoned Ag. The parcel is natural grass utilized for grazing and there are no developed structures, no sewer, no water, or surface vastly level na g � g mineral extraction, currently on property. There are no current surface uses of oil and gas, irrigation, ditches/laterals. There will be no onsite employees. A small amount of natural grass will be disturbed during the installation of the tower foundation, concrete pads for support equipment, guy anchor paints and security fencing. The areas around the guy anchor points will be fenced with security fencing, within that fenced area we will install weed barrier and will be laced atop the weed barrier. The tower site compound (approximately ,50'(60') we will install aggregatep p weed harrier and aggregate atop• ether grounds surround the tower site will be reviewed after construction and re - vegetated to natural grass as needed. The proposed new access easement (driveway) from CR 108 to the tower site is vegeta firm grassland. It should not require any aggerate and only a two trac trail will be utilized at this time to cross this area to get to the site. Access will be gained by a proposed new driveway on the north side of the parcel and south ROW of CR 102 approximately 335' west of HWY 71. A new culvert may be recommended by Weld County and can be installed to required specifications provided by Weld County. New, panel gates will be installed in the existing barbed wire fencing to allow access. There are no existing access points near this area and the ground is level and flat with clear vision in each direction. Exception to Storm Water Detention A exception to storm water detention is here by requested using exception #4 "Towers including, but not limited to, wind and telecommunication towers" Traffic, and Effect on Adjoining Properties Traffic will be moderately increased during facility construction by foundation crews, cement trucks and tower crews. Foundation and pad construction of the facility would consist of a duple of days of on -site preparation. This would consist of a small crew with a pickup truck, class i truck & trailer to bring in equipment for the excavation. In one day, and after site preparation is complete several cement trucks would deliver concrete for the foundation and pads. An additional day thereafter will be required for backfill & leveling around the pads, The foundation crew would then leave the site. Shortly thereafter a prefabricated communication shelter would be delivered to the site. Our electrician would then begin installation of electrical work which would take a fear days. After during this time the tower would be delivered. Shortly thereafter the tower crews would begin installing the tower and supporting equipment which usually takes around a week. A fencing crew would then secure the site with the chain link fencing, install weed barrier & gravel within the fenced areas, then revegetate with natural grass as needed. During construction there would be a couple of one -ton trucks bringing construction workers to the site. There would be a number (approximately 6-7) cement trucks when pouring of foundation. [wring construction personnel will be onsite around 7A.M. and complete around 7P.M. each day. After the initial installation of the tower iscomplete, the site will be visited as often as needed by technicians, usually once every month, usually in pickups to make sure the performance of the site is meeting company expectations. The adjoining properties should not experience any detrimental effects from the slight to moderate increase in traffic. Please let me know if you have any questions or concerns regarding this submittal/request. ail,/r ce, / Pick Bailey Site Acquisition Spec alist Mountain Tower at Land, LLC., industrial Tower West, LLC. 205 S. Maloney [give North Platte, NE 69101 Phone 970-768-6464 OPTION AGREEMENT F01.1 PERMANENT EASEMENT Stoneham North, CO o . e e g c� for thy .l, Trt�steth'eore J. L is panty T st dated Sharon R. Wolever, Trustee of the Sharon R. Wolever Trust dated. 0. c (the "Grantor"), whose mailing address is 32093 CR 31, Merino, CO 80741, for the consider ion Dollars in hand paid ("Option payment"), hereby grant; to Mountain Tower & Land, LL , a Colorado kited liability company, or its designee, (the "Grantee") whose mailing address is 1224 West Platte Avenue, Tort Morgan, Colorado 80701, an option. to Purchase (the "option") a Permanent Easement, Access Easement and Utility Easement (together the "Easement") for the construction and operation of a telecommunications tower and related facilities ("Improvements"). The Easement shall be substantially in the form of EXIII1BIT A ached hereto and incorporated herein.. The Parties further agree as follows: 1. Parcel: The "parcel" is generally described as: a seven (7) acre strip of land located in part of the 1/4NE1/4 Section 25, Township 9 North, range 57 west of the 6th P.M., ., 'field. County, Colorado. A completed survey will be attached to the term of Permanent Easement at closing. , Term: The "Tern" of this Option shall be for a period. of Twenty-four 4) months following the Effective Date, as provided below, and shall expire after the end of the Twenty-four (24) month period unless, prier to the end of said period, Grantee exercises its option_ hereunder as provided below. In the event that Grantee chooses not to exercise this Option, Grantor will beep the option payment as full and complete compensation.. The option will be terminated immediately and both Grantor and grantee will have no further obligations of any lend. 3. Survey: A survey of the Easement within the above described property will be prepared by a Colorado registered surveyor, at Grantee's expense within 120 days aver the Effective _Tate and a legal description of the Easement mutually acceptable to both the Grantor and Grantee will be prepared. 4. Governmental Approvals: The exercise of this Option is contingent upon Grantee obtaining all necessary local, state & federal governimenta.l approvals to construct a Three hundred and thirty foot (330') tall guyed tie communications tower and related improvements within. the Marcel described above. Grantor authorizes Grantee to make all trecessary applications for governmental approvals. Grantee will pay for all n.ecessar y governmental approvals. Grantor also authorizes Grantee to conduct any tests or surveys Grantee deems as necessary on the Parcel at Grantee's expense during the term of this option. 5. Title: Grantee agrees to pay all costs and expenses of obtaining an owner's title insurance policy and will pair all closing caste and recording fees associated with this transaction in the event that Grantee chooses to exercise its option. OPTION EEM E T FOR PERMANENT EASEMENT Stoneham North/ CO . Total Purchase Price: In the event all local, state and federal governmental approvals are granted and the land is deemed acceptable, inGrantee's sole opinion, by Grantee for the stated purpose, Grantor shall sell and assign the Esement to grantee for and in consideration o for a "Total Purchase Price", with the Option Payment of to be credited towards the Total Purchase Price. 7. Closing; Grantee may acquire the Easement at any time during the team of this agreement by giving Grantor, atGrantor's address above, written notice of Grantee's election to exercise the Option. The closing of the transaction shall be within 30 days after Grantor's receipt of such notice at a location and time mutually .acceptable to the parties_ . Clarification of Additional Easements; In conjunction with the granting of the Easement to Grantee, Grantor further agrees to grant an Access Easement and Utility Easement, all necessary for operation of the Improvements on. the Permanent Easement Parcel and constructing and delivering electric power, telephone or fiber connecf.ons by either above -ground or underground lines to the Easement. The location of such. Access Easement and Utility Easement shall be at locations acceptable to Grantor and Grantee. Approvals for required future easements to install telephone or fiber connections rewired to operate the Improvements shall not unreasonably be withheld., and shall be granted with no additional cost owed to Grantor, . Additional Provisions: a. Grantee shall pay all escrow closing fees, title insurance premiums, recording fees, transfer fees (if any), Colorado documentary stamp tax (if any), electricity construction, access development if any) and Grantee's attorney fees for representingGrantee's interest. Grantee shall also reimburse Grantor for any assessments for the removal of the Premises from. the Conservation Deserve Program (CRP Program) that is affected by the acquisition of this Easement, b. Grantor shall pay all administration costs in conveying clean and clear title, free from liens, and Grantor's attorney fees for representing Grantor's interest c. All real estate taxes perta.inhig to the Easement will be paid by Grantor. Any personal propel taxes or taxes for Improvements on. the Easement made by Grantee shall be paid by Grantee. d. Grantor is allowed to utilize the area located outside of the tower's security fence so long as Grantor's use does not affect Grantee's use and performance ofGrantee's technology. Grantee may also utilize the area outside of the security fence at any time and may increase the area to be fenced in., without notice to Grantor, so long as the use or fenced in area is within the Easement area granted herein. e. Grantee is responsible for maintaining the Easement area.. 'age 2 of 11 Stoneham North, CO L 1f the location of the Access Easement needs to he changed by the Grantor any time after the execution of the Access Easement Agreement herein, the survey, drafng of a new access easement agreement, recording of the executed access easement agreement, and construction of the new access easement, shah he paid by Grantor_ g4 If, after timely construction. of Improvements, Grantee or it's successors or assigns fails to use the Easement for telecommunications purposes for a period of (24) consecutive months, grantee or its successors or assigns shall., within (6) six months remove all Improvements, including personal and nixed property thereon, and restore the above described real estate to substantially the same condition as received,, reasonable wear and tear excepted. Grantee shall also timely file a release and termination of easement with the County Register of Deeds Office following the removal of all such Improvements from the property. h. Should Grantor, or its successors or assigns decide to sell the property conveyed herein, or in. the event that Grantor files bankruptcy, or is declared. insolvent, Grantee shall have a rightsof--frirst refusal to purchase the property conveyed herein. Grantee shall have thirty (30) days from the date of receipt of notice from. Grantor to provide notice of +grantee a s intent to purchase the property for then assessed fair market value of the property. This right of first renal shall run with the land and he binding upon the successors and assigns of Grantor and Grantee. 10. Assignment: Grantee may assign. this Option, together with the rights and obligations associated with the Easement., at any time, to any legal. entity, by giving written notification of the assignment to Grantor at the address noted above. This provision shall survive closing. 11. Modification: This Option shall only he modified by written agreement of all parties. 11 Effective Date: This Option is executed and effective as of the date of the Grantor's notarized signature below. 13. Time is of the Essence of tills Agreement: Dated this 8th day of February, 2021 at 10:o0 a,.m, This accepted Option is void if not 1� Grantor by the 8th day of arch, p 2021 by :00 P.M. 14. CounterpartSignatures: This Agreement may be executed in counterparts, including via facsimile, each of which shall he deemed an original for all purposes, including proof of the terms hereof, and all of which together shah constitute and he deemed on and the same Agreement. Page 3 of 1 � OPTION AGREEMENT ENT FOR. pERmANENTE.AsEmENT Stoneham North; CO This is Option Agreement for Permanent Easement has been executed by the duly authorized signatories as of the day of , 2021. Grantor: George J. Leis Family Trust dated By: et CAZP Title: Dorothy J. L Trustee 14,-?‘ 1 TA't _ OF COLORADO ) ss: COUNTYOF1110. sen ) The foregoing instrument was acknowledged before me this DL --141y of cbc t 2021, by Dorothy J. Leis, Trustee, Tro.stee of the George T. Leis Family Trust dated. Witness my hated and official seal. [SEAL] SHAWNA R, WOOD NOTARY PUBLIC STATE OF CIAO NOTARY ID 20094031306 MY COMMISSION EXPO Wei ENIBER 29, 2021 My commission expires: Page 4 of 1 l OPTIONAGREE.MENT FOR_PERIVIANENT EAS1EMENT Stoneham North, CO Sharon R. Wolever Trust dated Title: Sharon R. Wolever, Trustee STATE OF COLORADO COUNTY OF nyKtn The foregoing instrument was acknowledged before one this I Sit day of 2021, by Sharon R. Wo ever, Trustee of the Sharon R. Wolever Trust dated _ Witness my viand and official seal. [SEAL] .� f ANIL s i` s s s � s S ILOH STRAND NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 201 48114 MY COMMISSION EXPIRES FEB 19, 2024 My commission expires. cog pause 5 of 1 IG OPTION AGREEMENT FOR. PERMANENT T A E GN Stoneham North, C Grantee: Mountain Tower &mod, L L By: Manse: J Becker Ti Authorized Representative STATE of coLoxAno ) > SS: COUNTY OF MORGAN ) The foregoing instrument was acknowledged before me this � t3 day of 2021, by Jon Becker, as Authorized Representative of Mountain Tourer & Land, LL , a Colorado limited liability company, on behalf of the limited liability company. Witness my hand and official seal. [SEAL] KYLYN BELLE DER NOTARY PUBLIC STATE OF COLORADO Notary to 201 94034265 My Commission Expires September 06, 2023 My commission expires: Page 6all EXHIBIT A (Form of Permanent Easement an following page) Page 7 of 11 Return. to: Mountain. Tower & Lund, LL 1224 West Platte Ave. Fort Morgan, CO 80701 PERMANENT EASEMENT T Dorothy J. Leis, Trustee of the George J. Leis Family Trust dated , and Sharon R. i olever, Trustee of the Sharon. R. Wolever Trust dated (the {grantor"), whose mailing address is, 32093 CR 31, Merino, CO80741 for and in consideration. Dolia.rs in hand paid, hereby rants to Mountain Tower & Land, LLC, a Colorado limited liability company, or its Designee, (the "grantee") whose mailing address is 1 224 W. Platte Avenue, Port Morgan, CO 80701, a Permanent Easement, Access Easement & Utility Easement(s), (together the "Easement") for the construction and operation of a telecommunications tower and related facilities (the "Improvements") over, under and across the following real property, owned by Cantor, in Weld County Colorado, to wit: Tower site Easement [Legal Description from Survey] Access Easement [Legal Description from Survey] Utility E as a ment [Legal. Description from Survey] The "Easement." See Attached Exhibit "A," survey of the property. Grantee shall acquire and maintain all necessary local, state and federal governmental approvals to construct and use the Improvements. If, after timely construction of Improvements, Grantee or it's successors or assigns fails to use the Easement for telecommunications pumoses for a period of (24) consecutive months, Grantee or its successors or assigns shah, within (6) six months remove all hnprovements, including personal and mixed property thereon, and restore the above described real estate to substantially the same condition as received, reasonable wear and tear excepted. Grantee shall also timely file a release and termination of easement with the County Register of Deeds Office following the removal of all such Improvements from the property. This Easement is conditioned upon Grantee or its designee maintaining a commercial Page 8 of 11 general liability insurance policy for property damage and liability, including but not limited to bodily injury, in the amount of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate. Grantee shall at all times maintain a Workers Compensation or, if applicable, an Employer's Liability Insurance policy to the Statutory Limits. This Easement is der conditioned upon Grantee being responsible for the acts and omissions (including physical damage or liability) of all subcontractors and sub -subcontractors it uses pursuant to this Easement Grantee may assign this Easement, together with the netts and obligations associated with the Easement, at any time, to any legal entity, by gig written notification of the assignment to the Grantor at the address noted above. All real estate taxes pertaining to the Easem.ent will be paid byGrantor; any personal property taxes or taxes for Improvements on the real. propel made by Grantee shall be paid by Grantee. Grantor is hereby authoized to utilize the Easement area located outside of the security fence surrounding the improvements. if Grantor's use does not affectGrantee's use and the performance of Grantee's technology. Grantee may also utilize the area outside of the security fence at any time and may increase the area to be fenced in, without notice to Grantor, so long as the use or fenced area is within the Easement area granted herein. Should Grantor, or its successors or assigns decide to sell the property conveyed herein., or in the event that Grantor files bankruptcy, or is declared insolvent, Grantee shad have a right - of -first refusal to purchase the property conveyed herein. Grantee shall have thirty (30) days from the date of receipt of notice from Grantor to provide notice of Grantee's intent to purchase the propel for then assessed. fair market value of the property. This right of first refusal shall run with the land and be binding upon the successors and assigns of Grantor and Grantee. If the location of the Access Easement is needed to be changed by the Grantor in the future, the cost of any survey, drafting of access easement, recording of the executed access easement and construction of access easement, if any, are to be paid 100% by Grantor. This Easement shall run with the property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns* This Easement has been executed by the duly authorized signatories as of the day of [MONDE], 2021 . Grantor* George J. Leis Family Trust 'age 9 of 11 Sharon R. ' oleve r Trust By: Sharon R. Wolever, Trustee TK" E OF COLORADO ) s • COUNTY OF � The foregoing instrument was acknowledged before me this1� day of relb b 2021, by Dorothy J. Leis, T xstee, Trustee of the George J. Leis Family True dated. Witness my hand and official seal. SSE ra. SHAWNA R. WOOD NOTARY PUBLIC STATE of COLORADO NOTARY ID 20094031306 �M COMMMI015 EXPIRES WIDMER 29, 2021 STATE OF COLORADO COUNTY OF csinoqac) Mir commission expires: 9 - aci ..a0Q) The foregoing instrument was acknowledged before me this i 21"day of 2021, by Sharon R. Wolever, Trustee of the Sharon. R. Wolever Tryst dated. _ Witness my hated and official seal. [SEAL] SHILOH STRAND NOTARY PUBLIC. s- STATE OF COLORADO NOTARY ID 20144048114 MY COM.MISSION EXPIRES FEB 19, 2024 1/43a draya My commission expires: „Wig/ 2v2eLi Page 10 of 11 Exhibit A See attached survey of property, 4 Fwr.le 11 oft' Weld County Treasurer Statement of Taxes Due Account Number R0461286 Assessed To Parcel 047325000009 LEIS GEORGE J FAMILY TRUST 32093 COUNTY ROAD 31 MERINO, CO 80741-9608 Legal Description 1156 E2 25 9 57 EXC MIN ON S2NTE4/SE4 (8R) Sites Address Year Tax Charge Tax Interest Fees Payments Balance 2021 $515.04 $0.00 $0,00 $0.00 $515.04 Total Tax Charge $515.04 Grand Total Due as of 02/07/2022 $515.04 Tax Billed at 2021 Rates for Tax Area 2406 - 2406 Authority WELD COUNTY SCHOOL DIST RE11 J RAYMER-STONEHAM FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2021 * Credit Levy Mill Levy 15.0380000* 6.5 420000 2.5 880000 6.3 420000 3.1970000 Amount $229,78 $99.96 $39.54 $96.91 $48.85 33.7070000 $515.04 Values AG -DRY FARM LAND Total Actual $52,703 Assessed $15,280 $52,703 $15,280 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST I. TALC LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. 1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (070) 400-8200 Page 1 of 1 Hello