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1.0 Application
Garfield County Community Development Department 108 8"' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.ga rfield-county.corn TYPE. OF;APPL.ICATION O Administrative Review ® Limited Impact Review ® Major Impact Review ▪ Arnendments to an Approved LUCP 0 LIR DMIR SUP O Minor Temporary Housing Facility O Vacation of a County Road/Public ROW 0 Location and Extent Review Ll Comprehensive Plan Amendment 0 Major 0 Minor LAND USE CHANGE PERMIT APPLICATION FORIVi1 © Development in 100 -Year Floodplain ® Development in 100 _Year Floodplain Variance © Code Text Amendment O Rezoning a Zone DistrictD PUDE] PUD Amendment • Administrative Interpretation O Appeal of Administrative Interpretation O Areas and Activities of State Interest O Accommodation Pursuant to Fair Housing Act O Pipeline Development 0 Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIE Owner/Applicant Name: Burning Mountain Land & Cattle LLC/SBA Towers II LLC phone: Mailing Address: 5175 CoRd 335 #401 city: New Castle E-mail: SBA - smulvaney@sbasite.com State: CO zip Code: 81647 Representative (Authorization Required) Name: Justin Hadley on behalf of AT&T & SBA Towers Mailing Address: 110 E. 1750 N. Phone: ( 801 ) 592-1247 City: Orem State: (JT Zip Code: 84057 E mail:justin.hadley@smartlinkllc.com PROJECT NAME AND LOCATION Project Name: N(N4 \\‘6,\ 09 TOU-Q,C (7)A-ArYL Assessor's Pari cumber: 2123 3314 _ 00 - 016 T Physical/Street Address: 105 1/2 E Alkalai Creek Rd., New Castle Legal Description: Section: 31 Township: 5 Range: 90 S2S2. Also a TR Cont .54 AC. Except a TR cont. .69 AC. as desc in 1029/27. Zone District: Grazing Land -Agricultural Property Size (acres): 114.45 PROJECT DESCRIPTION Existing Use: Existing 100' Leek° Wireless Tourer awned by SBA Towers. Proposed Use (From Use Table 3-403): Wireless Facility Collocation Description of Project: AT&T proposes to install some new antennas on the existing tower at approximately 68' height. AT&T Is also proposing to install a new 12'x1G' equipment shelter within SBA's existing compound, which is being expanded by 200 sgft (10'x20') In order to accommodate AT&T's shelter. SBA has already executed a lease amendment with the property ownor to secure this extra space, AT&T will also be installing a new emergency, backup diesel generator within the existing compound. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the est of my knowledge. Signatt.pre'of Prole ty Owner Date 0 LFile Number:aUR - Fee Paid: $_s �� { Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Justin Hadley on behalf of New Cinqular Wireless PCS, LLC (AT&T) agree as follows: 1. The Applicant has submitted to the County an application for the following Project: AT&T Communications Facility (SBA Collocation) Minor Amendment to SUP 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Ili 1 J for the and 4 additional 1__ billed 1__ Fee, established for ufe Project, diiu w thereafter permit auufuvffaf costs t0 be uilieu w the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined tlC_C»tlfY by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land 1Jse Change or Division of Lannd. I hereby agree to pay all fees related to this application: Billing Contact Person: Justin Hadley Billing Contact Address: 110 E. 1750 N. Phone: ( 801 ) 592-1247 City: OremState: UT Zip Code: 84057 Billing Contact Email: justin.hadley@smartlinkllc.com Printed Name of Person Authorized to Sign: Justin Hadley on behalf of AT&T (Sign ure) z1z6ffiy (Date) SBA Site ID: C010470 -A-07 / Extension Cord Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION • Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment = Amendments to an Approved LUCP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment ❑ LIR ❑ MIR • SUP • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest _ • Comprehensive Plan Amendment ❑ Major ❑ Minor • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Burning Mountain Land & Cattle LLC/SBA Towers II LLC Phone: ((±17° ) 1b4 - 04 Mailing Address: 5175 CoRd 335 #401 City: New Castle E-mail: SBA - smulvaney@sbasite.com State: CO Zip Code: 81647 40.6 ra elk cieele� rhee, cw�. • Representative (Authorization Required) Name: Justin Hadley on behalf of AT&T & SBA Towers Phone: ( 801 ) 592-1247 Mailing Address: 110 E. 1750 N. City: Orem E-mail: Justin.hadley@smartlinkllc.com State: UTZip Code: 84057 PROJECT NAME AND LOCATION Project Name: AT&T - 1-70 & Castle Valley Blvd - SBA Tower Collocation Assessor's Parcel Number: 2123 _ 3314 _ 00 _ 016 Physical/Street Address: 105 1/2 E Alkalai Creek Rd., New Castle Legal Description: Section: 31 Township: 5 Range: 90 S2S2. Also a TR Cont .54 AC. Except a TR cont. .69 AC. as desc in 1029/27. Zone District: Grazing Land -Agricultural Property Size (acres): 114.45 PROJECT DESCRIPTION Existing Use: Existing 100' Lattice Wireless Tower owned by SBA Towers. Proposed Use (From Use Table 3-403): Wireless Facility Collocation Description of Project: AT&T proposes to install some new antennas on the existing tower at approximately 68' height. AT&T is also proposing to install a new 12'x16' equipment shelter within SBA's existing compound, which is being expanded by 200 sgtt (10'x20') in order to accommodate AT&T's shelter. SBA has already executed a lease amendment with the property owner to secure this extra space. AT&T will also be installing a new emergency, backup diesel generator within the existing compound. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Lt arc €v Signature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: $ SBA LETTER OF AUTHORIZATION SBA SITE ID: C010470-A-07/EXTENSION CORD SITE NAME: I-70 & CASTLE VALLEY BLVD 5900 Broken Sound Parkway NW Boca Raton, FL 33487-2797 APPLICATION FOR ZONING/LAND USE ENTITLEMENTS T + 561.995.7670 F + 561.995.7626 Property Address: 105'/ East Alkalai Creek Rd., New Castle, CO 81647 Assessor's Parcel Number: 2123-314-00-016 Garfield County — Amendment to SRU Permit — AT&T Wireless Collocation (Existing SBA) I-70 & Castle Valley Blvd sbasite.com I/We, the owner(s) of the above described property, authorize New Cingular Wireless, doing business as AT&T Mobility, whose address is 188 Inverness Drive West, #400, Englewood, CO 80112, its employees, representatives, agents, and/or consultants, specifically Smartlink, LLC and Justin Hadley, to act as an agent on my/our behalf for the sole purpose of consummating any and all building and land -use permit applications, or any other entitlements necessary for the purpose of constructing and operating a wireless telecommunications facility. I/Wc understand that any application may be denied, tnodified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits, and at all times thereafter. I/We further understand that signing of this authorization in no way creates an obligation of any kind. OWNER(S): SBA TOWERS II LLC Print Name Title Signature Date: Jason Silberstein Print Name Exec Vice President, Site Leasing State of Florida ) SS. County of Palm Beach ) On this, the 11 day of MG re- IN , 2014, before me, trz.auu6 �� a Notary Public, personally appeared —3-0.5611 ;' c rs W personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Witness my hand an• • lc' Notary Public State of Florida Suzanne Soto My Commission EE036421 Expires 10!2112014 Notary Pu is My commission expires: /0/2047 LETTER OF AUTHORIZATION SBA SITE ID: C010470-A-07/EXTENSION CORD SITE NAME: 1-70 & CASTLE VALLEY BLVD 5900 Broken Sound Parkway NW Boca Raton, FL 33487-2797 APPLICATION FOR ZONING/LAND USE ENTITLEMENTS T + 561.995.7670 F + 561.995.7626 Property Address: 105 1/2 East Alkalai Creek Rd., New Castle, CO 81647 Assessor's Parcel Number: 2123-314-00-016 Garfield County — Amendment to SRU Permit — AT&T Wireless Collocation (Existing SBA) I-70 & Castle Valley Blvd sbasite.com I/We, the owner(s) of the above described property, authorize New Cingular Wireless, doing business as AT&T Mobility, whose address is 188 Inverness Drive West, #400, Englewood, CO 80112, its employees, representatives, agents, and/or consultants, specifically Smartlink, LLC and Justin Hadley, to act as an agent on my/our behalf for the sole purpose of consummating any and all building and land -use permit applications, or any other entitlements necessary for the purpose of constructing and operating a wireless telecommunications facility. I/We understand that any application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building pertnits, and at all times thereafter. I/We further understand that signing of this authorization in no way creates an obligation of any kind. OWNER(S): BURNING MOUNTAIN LAND & CATTLE COMPANY, LLC Print Name Print Name ry\ Os Ckc� Title Title Signature Signature Date: J•-00 2.c / Date: State of Colorado ) SS. County of Garfield On this, the day of rYta/I(iY ! , 2014, before me)(naArhi e� Notary Public, personally appeared L,JL..2JJJ dCdhatb personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Witness my hand and official seal:)/q��1�F7 �L7 y MARTHA A SMITH a hNotary PublicNotublic 1 State of Colorado Notary 10 19944014170 My Commission Expires Sep 17, 2014 My commission expires: /' — c24/�f 1k20140mjssgqsl$m0Nifk11.10 8 Castle Vakey OMA'_os1T.1.d g PLOTTED Met 11, 2014 AT 1:1420 D A O �j p ➢ 0 O y sy p bb 2 € OS m 411 g'gtg t^ z b bf sg A O5H1 n nNNO A < = u D Mi h. Li hr x n ` z D (O�f Aj 04* M 1 i 1114 IITIle x Ix Vol F4 �IT Mg* � c ego M §2 /4 •'� S 4"Iil1 gi v :1 1,! 01 N.001 qa i011,7* I. hi 4941 4g atgrPq A 0 n O < g O \ AT my D 2 T N mZ �m m iZ' 0Te z;° mym Mb m2 m paa A '- F, i,‘ Nlo EA mo A m0 A a/ A g .. m A c „ , a O z000. zs,'�- 20,3z ? 0�*A m 0 O • w C O m s g Q i A Y n� $ $ §Uwggg § g gA 191 Q $ Z 'om ON OT rn� mi 2,02 0. NV vN N m mom m0 V 0 2 4 rmm th m amt.L6 N 0 a p9• H O C.0 m ITI Z-10 ODS C D m 0(8, T mmo O Z om vin CD (.4 w � W, m _RA ”"o„ nninu,aa„ 1 i, „ , QNWI....:,,: q$ stn m 1F $ 7 ZZ yy V 8 o %.?- GEQLINE SURVEYING, INC. 13430 NW 104111 Temn. SWI* A. 3M011 , FL 32815 011ka;(386) 418-0500 Fm::(386) 4829988 WWW C6EOLINEINC.COt1 ffiYfK •ORI P127011 ® Br: mws SITE: C010470—A SITE NA3E:EXTENSION CORD ADDRESS: New Castle, Colorado, 81647 Garfield County 1 XP % % d m q -1 1 o m 0 o , z w N 0 0 0 0 9 m �` z 3 N 0 (0v mm m0 Z 0 m w co ir,Er4,;2q\\ �4 T\ E. LINE SW114 SEC 31 T 59.1390W mm m m W ( �•.•p , I. •. r. p..._ O•O v ' w' �� �cmi _ i y4i6 g tto ng R' 7 g FA g mA 2c tR d p.�� tl ii/ 47 d i GEQLINE SURVEYING, INC. 13630 NW 1114th Tama.. SuibA, Netttw. FL 32815 OM3:0388) 0180500 F.138042-8966 V4AWGEOLINEINC.COM SMUT TORE P®OID® R: 1 D Ea SITE: C010470—A SITE NAYE:EXTENSION CORD ADDRESS: New Castle, Colorado, 81847 Garfield County 0,2 P QP E122 fo O r D� N r r m m .. o L58' L59 L56 L57 L53 L54 L55 L51 L52 L49 L50 L47 L48 r a N r r a a A W r r A CO r r a w o N r r w w W V r r w w N N r r w w A W r w N L29 L30 L27 L28 L25 L26 N N L21 L22 r N r r W V r r 0• N r r A CO r r- N .. r O L7 L8 r r 01 N r r A W r r N .. r- 2 m oNA A A W V 1J in N W 50.15, 45.83', -'N W;.." A•.• N N W.. 50.70 49.77 63.20 N N ;...J o CO 50,81 150.72 15.64 52.42 48.67 49.67 50.27 33.81 25.85 48.67 N N RI A o N ONCO A A ANW J W ON A A NNNNW W p. o N�O 0 W O•A o N ;O 6 CO oNNA 0 N IV .0 UA 8 A W10. to N V AN Qin o•. N N W?U1 NA oNN N O U co 00A D 53.77 53.46 53.05 50.28 51.01 54.45 52.41 53.43 N A G, 1,11 wV .. UO o A 9...NON W U W 48.94 49.26 50.45 139.74 LENGTH 20.00 LINE Ti CO A E u Z UVNA O • WV N £EEErlrimri Z A Z •GGp coW oo 43 .--1 Z VW TvO. to N W • lJ W S85.25'53'El N81.18'59'E N85'09'40'E I W NCO co pN NN 0 oW p pi S77.28'20'E S88'07'25'E'. CO N WNW O•NJN NU co N ririAri S59.10'48'E S66.34'36'E S76'39'37'E' S821319'E S42'53'13'E S36'44'36'E w o NNNNA ONRi N N riririr•immririrnririrn AWV� JNW O.O A .... A NA N A �uVZZ NA V W NA N 00 coWPN to N `ON 0 N80'57'08'E N75'43'28'E N65'51'02'E S65'24'02'E S70'06'41'E S81'21'42'E N 0) CO "N .L O N rir' N38.22'14'w N23.08.41' W N121815'W N01'41'4214 N15.41'07'W NO2'21'56'E N22.41'44'E N2815'34'E N43'30'09'E N59'06'43'E AZ PJoa to Avv COW E NOo E Er1E N19'25'47'E N06'04'09'E N00'48'00'W N10.22'40'E W VI v A0• Z 47) � N N E r A err co N r.r. r O c -,-,i- N W J O• N r..r. a W N rr .': o r r. N co r V O• irS rr.r Ul b W N r-rrr 2 o N W L96 L97, r 1N1i A L92 L93 rrrr - o N W W L84 L85 L86 L82 L83 L72 L73 L74 L75 L76 L77 L78 L79 L80 L81 .J. G N CO L641 L65 L66 L67 LINE L63, O A CO N p. co N A A Uc-01 V1 N J W A A N O W N o rN CO A A W O. W NY0/o bio A 0. CO W o 1U WO N A V N N W W IV N P A N V wT ... A N o W o N rU CO W 52.41 52.13 111.6111 39,09 N N N w U. NU N ~ N N. W N A 71.43 52.53 oA o N A N N A cow N N d N V W O aW w b o o N rU N A Q ' N N N A p J O'O0 0 ` 1U C11 W N A 50.37 48.27 49.24 47.45 102.86 48.92 116.69 51.57 49.86 48.99 47.84 101.07 51.57 54.58 A N o NA k0 V0 O N W N CO N rU A W NIV N.-. N 00 LENGTH 53.64 LINE Ti 0' w w N £ S14'40'12'E S20.10'56'W N VO N • CO V V 0 ri m S68'54'59'E S75.13'36'E S31'09'40'E S23'29'33'E S28'57'21'E S58.26'40'E S22'20'23'E 318'16'18'E 078.48'39'W1 001'45'55.E] N60'42'16'W N65'56'27.V N CO W R. 0. J E E N45'52'351W! N36'21.311W N42'39'44'11I N65.09'48'W N66.58'O11W', N50.57'28'W'. o 03 N N• co Ao Ow. O. E E co o N at (.3 W E E W o N N asOo V NON E E J o W V W V E rl N06'41'44'W N8316'55'E N80.26'08'E N88.56'02'E N80'27'00'E N47.37'05'E N40.39'17'W S83.16'S5'V W N .W. O• ri ri S60.42'16'E 379'30'46'E N82.12'17'E S65.09'48'E S42'39'44'E S36'21'31'E 045'52'35'E S50'57'28'E S66'58'01'E S80'28'36'E N78'49'39'E S65'56'27'E .' N A o U1 1N11 W (<0Z£ m W W NNN0 .c., ,,o V W o W 43 Ri E W ri W Z T o E 1 L176 L177 L178 JJJJY N A W N ti. N CO -r N a` 0. 0. J 0• N A rrrr. O. Q. W N p. ti: O L157 L158 L159 rrI-rrr"C.r.rrr NNN D• N A UNY W N NA A A A O N CO V 0, L143 L144 L145 L134 L135 L136 L137 LI38 L139 L140 L141 L142 W W W N ts W O L126 L127 L128 L129 r N 55.73 140.03 49.69 52.81 50.94 WNo N 49.30 48.89 49.32 350.21 47.85 47.69 50.29 50.88 100.44' 49.78 52.39 50.01 49.20 46.98 47.30 W lAo N N O.. 54.98 54.09 51.10 51.14 100.78 99.68 47.40 100.71 29.28 45.13 56.00 r in ul NW A p.WNW V 0,.0 in W W CO OOWSWWA. YYONYO•N A NN N A W 000 CO A A UoN co N LINE Ti V) V)W c • NA N W --1Noo EEriE S56.04'48'E S40'47'32'E S12.18'15'E 023'08'41'E S38.2214'E S48.32'22'E S22'41'44'W S02'21'56'W S15•41'07'E S01.41'42'E S43'30'09"W S28.15'34'14 WZNZ VW co --..1 C° O yO N... 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S' iji ; l Sil tn. �'A € y ff NN As1a r GE4L1NE SURVEYING, (NC. 13430 MY 10011 Temra, SWM A, Ay,iys, 0132615 (1,6662386) 318-0500 0.65398)692/598 WVOW 6E0UNWNC.COM SOBVZY YOB[ PIEFORIIID BY: 1 D )022 SBA SITE: C010470 -A SITE NAME: EXTENSION CORD ADDRESS: New Castle, Colorado, 81647 Garfield County (CONTINUED ON COLUMN TO THE RIGHT) OrSNIW ANAAuDNTT+ VObmV�NOpppVI eDm�ITfNllAUT�ppON�tW+pp��OmONQO�-I T (VA�0ppWN �+�21NTD �OW �VTmN2DA{{O4,a�I O"T'"mATW" 8888Z88pCpZ0Z8p§oCOAAACCpp88§8OpO88OppAAy=== SISyI9lC211n1 22IgH 43:145A4WT1byyNAA441,1,1O+4814444NNN00956:",V fiiptN,Iti RA4Wli W=IP 4+W2::g t44.#4p4 ,-MV .4,tofW4}A�ggOAAddddtJAdNN a4Oy N lmmy(((p(mmIImppE��1FfffEpp11pEEAc 2U82UWOtptVINPAN80tp8saatm8Wis14WNAUOUanEVVIV TITgSgq-1mmM9PIPPP1941M91�9PP9PMmTimggq111�mi41-11= I 1 w 0 :` 2IO 2m 0.0 1 n m� 1 mznr 1#, 4zm- 0 m 0 m_7 ZA nz * m A 2-O zx? moo r;,2. 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()mole 3141 01.NMI1O7 NO [GUI/MOO) iso 5 .,,,,,wuT.o$$5$0gP..Po$5imm.M””555!4$.5”P!Pa5:mv,a50;15W M9P”nnSn u5r.St $`ss418m88$ 6oz"$$rp$$6$ § azo C§n § IIXXX X84 §§§§§6$§§8§§6§ 116 x �ixx x MITI xI xxp 1/ 74 &pg $$$$q Rx4x4Cfj .q$Pq�,I�m=Cig f6 �',qu; 3a; Wa $, $ AMli a gteiiFARa SiA19,Tn^ 5/i SI Y 14 4y •J IWRI W241088'N14$c8' W'4- kY utihEi4.gaigWW Ddb',' 6IV Yrs$, �MN1q .q . %lgN1 44 1 q1N W1 $ew4 Y�b',bmli m�".Y1 &y4i ��; 'n -$N y y'v f * * a ££666,16 WO M WEE 6N E z r4 4 ug.�'5S'77ffim77ox77B7' 8pKmwi§P.T Wrm S $Au8�8,A r-'ffi�NmS,. 8Im^mMA s,,kdT8mfrr,T m9 mmmmm7755975777:77177777SSm77m77747m4 .T. 8 ;SX 8my1.N1P3$^P°SGF4SC,%$Y'_GGYSS ZZ3" fZZ^-3ek,`-;,Y,O e,#=s!YP',d4PJf3=.'d' 2NNN '"o"n$$ """g"op$b€$$$`o"€$Ln$$oo4`�°o$$b"g`ER Tmm BIxI xx xxxx xxxxx2t xtXZxxx xxxxx2xSIxxxSxxSZi3 xxXISxx °m TI1M54x4x gs4n4IpA$4m�n.$ “,i; VP4 e$Ptsc�ATIP:$a$m� 744 4 d WO" �x sax Gx u8 6th.48 g4RV n H; aei ?u"s,W , irim ugg44044,1eJil,,;yq _a 7J�8ma"dm°�M m�g`(5$-im4oNfY�n4$s4m"46fN34 my8PE8tlPNys8NSwY4BB9 ��N9 & NNvNNyrYs yN>4sH stYM�G& G-- $nxNaaw.»PAPPPVPPIn'-tiLs pP$ P 7-SfPiPb t$88megA 7x777777797:77777777777777m77 (1d31 POb3 031INI1NOO ILII I111III10I11111IIIII1III11111III 11111 1111 1111 563306 06/27/2001 03145P 61206 web R ALSDOIIF 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is executed this / Pc- day of 20Qi, by and between BURNING MOUNTAIN LAND & COMPANY, L.L.C. (Lessor"), and NTCH-COLORADO, INC. a tc "' Corporation ("Lessee") summarizing a Lease of even date herewith ("Lease") between Lessor and Lessee for the purposes of recording with the Clerk and Recorder of Garfield County, Colorado. Pursuant to the Lease, Lessee leases from Lessor that real property described in Exhibit "A" attached hereto and incorporated herein, together with an easement for ingress and egress to Lessee's facilities over and across Lessor's property, for a term of 25 years commencing January 2002 or upon the start of construction of Lessee's facilities whichever occurs first, for the purpose of maintaining and using communication facilities to be located upon the leasehold premises. All materials, equipment, buildings and improvements of any type installed on the leasehold premises by Lessee shall be the exclusive property of the Lessee. The Lease shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of each of the parties thereto. ATTEST: LESSOR: BURNING MOUNTAIN LAND & CATTLE COMPANY Secretary / ATTEST: Russe Talbott, Manager LESSEE: LATCH -COLORADO, INC. i uiiH 110111,1141/ 11011111111 m iuir 1151111, 163361 ii 01 03:HF 01204 P46 11111111rti.S00R 2 of 3 R 11.00 0 0.00 GARFIELD COUNTY CO ACMOBIEDGMESET STATE OF COLORADO ) )ss. COUNTY OF C)arir e ) The foregoing instrument was acknowledged before me on the ;2.5 day o ,2001 by Russell Talbott, as Manager of Burning Mountain Land �( Cattle Company, L.L.C., a Colorado Limited Liability Corporation. Witness my hand and official seal. My commission expires: of -1? - aoo a ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on the )q µ`- day of tin,A , 2004 by &.1.9 l Czi12R+/ as lilts- Nast &Air of LATCH -COLORADO, INC. a California Corporation. Witness my hand and official seal. My commission expires: W -Db -03 - 111111111111 IIIIII Wail 11112611411111111111 IIN 003300 00/77/2801 03:40p DORF 3 et 3 R 10.06 0 0.00 DBRF1n8 COUNTY CO EXHIBIT "A" TO LEASE AND LEASE MEMORANDUM BETWEEN BURNING MOUNTAIN LAND & CATTLE COMPANY, L.L.C. AND NTCH•COLORADO, INC. A tract of land approximately 3,600 square feet (60 feet by 60 feet) located within and as a portion of such real property further described as SW 1/4 of the SE 1/4 Section 31, Township 5 South, Range 90 West of the Sixth Principal Meridian in Garfield County, Colorado. The exact legal description of which has yet 10 be determined. Upon mcording, return to: MCH — Colorado, Ino. 1600 Ute Avenue, Suite 10 Grand Junction, CO 81501 (970)234.1351 Attn: Rimed Garcia 1518117121111901 111111111111111111111111111111111111111111111111111 008072 00/00/Z002 04;10► 01370 P915 11 AL$DO F 1 of S R 25.00 0 0.00 BARFIELO COUNTY CO (apace above for County Recorder's use) UTILITY EASEMENT AGREEMENT This Agreement made and entered into as of this 9g day of Q4 3 2002, by and between Burning Mountain Land & Cattle Company, L.L.C., a Colorado L' 'ted Liability Company ("Grantor"), whose mailing address is 5178 County Road 335, New Castle, CO 81647, and NTCH-Colorado, Inc., ("Grantee"), whose mailing address is 1600 Ute Avenue, Suite 10, Grand Junction, CO 81501. WHEREAS, Grantor is the owner of certain real property in Garfield County, Colorado, as recorded in the records of Garfield County, Colorado, Clerk and Recorder, as recorded in Book 926, Page 669, ("Property"); and WHEREAS, Grantee is desirous of obtaining a non-exclusive utility easement ("Easement") over a certain portion of Grantor's Property; WHEREAS, Grantor is desirous granting said Easement under the terms, conditions and agreements hereby specified. NOW THEREFORE, in consideration of the covenants contained herein the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Grantor, for and in consideration, hereby grants and conveys to Grantee, the following non-exclusive utility easement ("Easement"): Utility Easement: A twenty foot (20') wide easement, along an existing dirt road as built being ten (10') feet on each side of centerline, including a twenty foot (20') wide path to existing Telephone riser and Utility Pole with transformer: dee attached Exhibit "A" , 2. The Easement, with its rights and privileges, may be used by Grantee, and Grantee's assignees, invitees, licensees, or guests for the purpose of installation of utilities, or repair of, installation or reconstruction of a telecommunications facility. To this end, the grant of this easement includes all rights and privileges as are necessary or incidental to the reasonable and proper uses described above of the Easement in and to, upon over, and across the Property. The only property benefited by this easement is described on attached Exhibit "A". Easement is for the benefit of Grantees and appurtenant to the real property described in Exhibit "A". 1 111111111111111111 VIII IIIii 1111111111111111111 Ilii IIII 808872 08/00/2002 04:ISP 01370 PD16 N RLSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 3. Grantor represents to Grantee that Grantor is the owner of the Property, that Grantor has the right to execute and deliver this Easement, that Grantee is entitled to access the property at all times and to the enjoyment thereof for the purposes herein expressed. Grantor and Grantor's heirs, representatives, successors and assigns (as applicable) are and shall be bound to warrant and defend the Easement and rights conveyed in this Utility Agreement to Grantee and Grantee's successors and assigns against Grantor's interest. 4. The Easement, rights and privileges granted by this conveyance are non- exclusive. 5. Grantor retains, reserves and shall continue to enjoy the use of the surface of the Property for any and all purposes that do not interfere with or prevent Grantee's use of the Easement as herein defined. 6. Any notices required to be delivered hereunder must be in writing and shall be deemed validly given on the date when deposited in the United States mail, by certified mail, return receipt requested, addressed as follows (or to any other address that the party to be notified may have designated to the other party by like notice at least ten (10) days prior thereto): If to Grantor: Burning Mountain Land & Cattle Company, LLC Russell Talbott, Manager 5178 County Road 335 New Castle, CO 81647 If to Grantee: LATCH -Colorado, Inc. 1600 Ute Avenue, Suite 10 Grand Junction, CO 81501 7. This agreement shall be transferable and assignable by the Grantee, without Grantor consent, and any assignment hereof shall relieve Grantee from any further liability hereunder upon the execution of a document in recordable form by Grantee's assigns. 8. This agreement contains the entire agreement between the parties hereto and shall be governed by and construed under the laws of the State of Colorado. 9. This agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their successors and assigns. 2 111111 1111 /NM 1111 1111 11 HIEN 11111 11 111 1 000072 00/00/2002 04:1OP 01370 P917 M RLSOORP 3 of 8 R 20.00 D 0.00 GARFIELD COUNTY CO GRANTOR NOTARY BLOCK (CORPORATION): STATE OF COLORADO COUNTYOFF G�ARFIELD 00 101Y9/001 , before me, Date ASSat Ti9<go77--- Name(,) of Slgoerfs) . ........... j 'roarer, •te' "Y "nit, Notary sal Above My commission expires: GRANTEE NOTARY BLOCK; alle ao x.60 -G i 4, •f/ eoappeared of Officer 04. "Jane Doe, Notary Pubik, personally known to me proved to me on the basis of msshctory evidence to be the person(.) whose name(e) Were eabscrihed to the within instrument and acknowledged to me that he/she/they executed the same In bbher/the& attborized apu ydes), and that by hWber/tbelr signature(s) on the instrument the person(a), or the entity upon behalf ofwhich the persona) acted, executed the Instrument. WITNESS my hand and official scat STATE OF COLORADO COO�N) Y OF �M/ESA pn� y/� /7 �% On tu.2.10 q, a'ofbeforeme, 44161 . L. 6,1,Qte/A, n/ornly / Mc tc Name and Title of Officer (e.g. "Jane Doe, Notary personally &RuiQ . / ff eti Name(s) of signer(r) /';iDARY -2 P030 y • i; ...... ..•:•Q\S tiVotarY Seal Above r C'dow My commission spires: /� , WITNESS my hand end official araC 1>') I4 cj Apersonally known to me proved to me on the basis ofuNrhemry evidence to be the person(r) whose name(s) Ware subscribed to the within Imtrumeot and acknowledged to me that he/she/they seated the ume is h&beNtheir authorized capacityffn), and that by hidhrr/their sIWamre(U on the Instrument the person(s), or the entity upon behalf of whleh the person(s) acted, emoted the iutrumaL 4 1111 1111 111111 11111 111 1111 11111 11 1111 1111 1111 609572 09/09/2002 04 UP 01376 P015 N RLSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 10. Grantee (or its successors or assigns) will repair or replace the easement roadway if such roadway is damaged or destroyed by the use of Grantee or its assignees, invitees, licensees, or guests, reasonable wear and tear and useful life excepted. 11. Should there be a dispute regarding this agreement, the prevailing party shall be entitled to attomeys costs and fees. EXECUTED as of the date and year first above written. GRANTOR: Burning Mountain Land & Cattle Company, LLC -'-BY:a PRINTED N:—Tussetk—LW,lkr, TITLE: 4„.„ . w Ci GRANTEE: NTCH-Colo BY: GE's -tet t2 PRINTED NAME: /Wt y b TITLE: 3 Ex 114/6/r /, r'_� %etRICO •�- ore i EASEMENT INSET • (PROPOSED 20' UIIUTY EASEMENT) 1� roe 20' UNITY EASEMENT (8atMwO MOUNTAIN L4AW ANO`(,ATR[ tie) An easemenf for oily hstd/ogNn and maintenance ow o portion of the South Hoff of the South ltd/ of the Southeast quarter of Section 5/, Tomei 5 South, Range 90 West, of the 8th Primp& Meridian. Corfield Counts{ Colorado, mid easement being 20 feat h width, 10 Trot on either side of the following descabed crnfsfhr Commecdq of the South Quarter cans of sad Section 5/, from whence the Nath q;afer Comer of Section .( Tomah& 6 South, Range 91 West, of the 6th PrivOle Afteldion, bears South 89 Degrees l8 Minutes Of Seconds 140, a stance of 1825.76 feet Thence North 48 Degrees 56 Minutes 14 Seconds East o defence of 65/.39 feet to Me PINT Or 8EONMW0 Thence South 17 Ogress 52 Minutes 14 Seconds East o &stance of J149 Ret thence South 56 Ores 18 Mantes 49 Seconds West a dalonce of 2172 feet Trance North 75 Wawa ,30 Minter 48 Seconds West o distance of 100.00 40, thence orohmd a curse to the left through et cenhs4 angle of 18 Degrees 28 Minutes 33 Senn* m arc aslant of 46.4.5 het, o roams of 144.00 feet and a Mad bearing of Nath 64 Degrees 45 Minutes 04 Seconds West with d distance of 46.27 feet. thence South 86 Degrm 00 Minutes .59 Seconds West a dlstaee of 6616 feet to the POINT OP 7ERM/NUS DESCRIPTION OF EASEMENT 1111111111111111111111111 U 1111111111111111111111111111 000072 Oeianee2 04 ler 01370 x010 R RL$DORF 5 of 5 R 25.00 0 0 00 GARFIELD COUNTY CO 11111141'11iNAHILIA1.1 11.1.11Mreil.rWid,iiviNlii1 B111 Reception4: 840678 09/15/2013 10.03:25 AD Jean Merino 1 of 1 Rec Fee:$0. 00 Doc Fee.0. 00 GARFIELD COUNTY CO AMENDED LAND USE CHANGE PERMIT for NTCH Colorado, Inc.'s approved 100 foot telecommunication tower on a 114.45 acre parcel of land owned by Burning Mountain Land & Cattle LLC in S% SE' SE'/+ of Section 31, Township 5 South, Range 90 West of the Sth PM, Garfield County. Parcel No. 2123.31400-016 In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director hereby authorizes the following amendment: The removal of four (4) existing antenna and the installation of two (2) new antenna. This Amended Land Use Change Permit is issued and continues to be subject to the conditions in the original approval set forth in Resolution 2001-17 and all other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT File No.: LPAA 7536 /L�/N Fred A. Jarman, P Date 11111RIFJ13I11,I1uR 1111 Reception#: 847953 04/0712014 11:23:01 AM Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO 561- Co (o- 4-0 -/Me 4 Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Burning Mountain Land & Cattle Company, LLC a Colorado limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Burning Mountain Land & Cattle Company, LLC and is formed under the laws of Colorado The mailing address for the Entity is 5175 CoRd 335 4401, New Castle, CO 81647 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Russell L. Talbott Title: The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this SignTure: Name (printed): `-.coos Title (if any):c.,.c� day of is-n.rC. n •iti rif iiliffiVir141 «Tier/Mal -Ifii1irWVIIIAM1114 11111 Reception#: 847954 04/07/2014 11:23:01 AN Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee -0.00 GARFIELD COUNTY CO Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Smartlink, LLC a Maryland limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Smartlink, LLC and is formed under the laws of Maryland The mailing address for the Entity is 1997 Annapolis Exchange Pkwy, Suite 200, Annapolis, MD 21401 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Justin Hadley / Site Acquisition The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): n , EXECUTED this \ day of / A arc 20 1 1 . Signature: Name (printed):( -' (i\ Title (if any): STATE OF /11/6/k ,,) / )SS. COUNTY OFf.4,,;icaz_L-.vi'- as ) V The f regoing strument was acknowledged before me this /Z day of Mett,, (. , 20 l'i by .,,/ �e.,-,/. , on behalf of efrt-/,�G�-. .G.t , a ti .1.- ", . 1 -.1 -it L" 4. - " f rh OHRi$T(NE GRACE ROBINSON Ni fARY PUBLIC STATE OF MARYLAND My Commission Expims Novernbcir 30.2014 Witness my hand and official seal. My commission expires: %/lam f/'-/ (Date) t C7 a o a•`fit ;) a A c_3\, 04- i t.s [SEAL) (Notary Public) • IMEAFFI11e 411:16114111111 Reception#: 847955 04/07/2014 11:23:01 AM Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO 50Pr 5i -6 k, I 0 (-11-6— A-01.1 v2(.0,0/1-p*_("c44. Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of SBA Towers 11 LLC a Florida limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is SBA Towers II LLC and is formed under the laws of Florida The mailing address for the Entity is 5900 Broken Sound Parkway, NW, Boca Raton, FL 33487 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jason Silberstein, Exec Vice President, Site Leasing The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this ( f day of s Y L'te% , 20 Signature: Name (pri. ed): Title (if any): Jason Silberstein Exec Vine President, Site Leasing STATE OF For'1c4 ) )SS. COUNTY OF N1rv4Afac_I-N ) ,44 The foregoing instrument was acknowledged before me this I'1 day of Olarc}l 20 11' by Saso' 3:1 bet' e? fl , on behalf of 50A 1-0,.s ers It LLQ. , a no ,ela l 1 0,-, iced . 46. tAy e.om�aft . Witness my hand and official s al. My commission expires: /6$ a9/ / ( a e) (No ry Public) o,,P f"%Notary Public State of Florida iStIzanne Soto ' My Commission EE036421 Expires 10/21/2014 M:r2Ol4 P opgsl&maWnkll-7O d GasOe Vaky BNTmDs1T-1.C.q PIOTTEO Mer 11, 2014 AT i;t4pm z. 111W11 DI 'a oc2 282 $ rd5 mN ` m = 2 E o Ho opnm r W., 5 r 5 m 0 m 0 SNOI1032110 `JNIAI O Q;- SDNIMVNO 3MVOS ION 00 dVW AIINIOIA dVW 1V001 0 0 r r n DZ —rn 0Z m° 0 rn CY1 n `Q° D F" • mD D••nrr o c C m CM v co • CA 01 CJI• rn.< - cp X W r vv 2 W m 0 m 2 1u 25 9 2 0 A 8 5 2 v 0 8 2 2 A 2 6 0 8 2 Z2 m 0 8 8 A 5 p2 A 2 evEB 9 Z 0 0 a O Tn 011 ')INI1J. 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Z A. < bi '1 c EP - n SAID PARCEL CONTAINING AN AREA OF 0.070 ACRES, AS DESCRIBED. 02 1> O& > IN; Am m<0°i Cz'1 p p:r ym�yy�y�pm� O,,r !::::9:. mz.0OrwID Oz0ciii mm'1'Im1Amm=...{4 ? ,>�C .O01 ZDW 2cm3Q m Imam ,00 AM 0C2 O.yx m :::::::; Ni 5fc-1_ i zma::pn sm0 ycylny0 m: �1� T+����pZ <O= CZmO N' 0m'1 m mmzz�m �rn0 N z� m� 111111H 11 09 m n 0—p39 ym��c R.> 8OmZ J -I o2 m If1211 Z m A j U) co PP PP M120141ProjaGS18mertankr1-70 & Castle Va ley BtvlaIDslO.1.Arq PLOTTED Mar 07,2014 AT IIA6n NV -Id 31IS - 4 n y m v z § 011 ')INI1J. VINS M:12014P enet4meniMWT080aetle Valley BI1117.0e1F1.1.d PLOTTED Feb 07.2014 AT 2,00pm 0 311 ')INl1i Vws `t g25 9 Lao�Lit(E � 8 <Rp 8§$ • « $ $A i° o " 4 r+ MA2014,ProjecMSmarlin211-708 Gad. Va.y 8kCZDaa}24wp PLOTTED Fob 03, 2014 AT 2:OOpm N D z i m z z z z m a Tn -i m r m a .i 0 z 107-0' 0 N m ,4r m za z 0 EZ 311'NNI1121VWS Garfield County 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com RECEIVED FEB 272014 GA R(FIELD COUNTY PRE -APPLICATION CONFERENCE SUMMARY DATE: June 20, 2013 — Updated February 12, 2014 PROJECT: AT&T Communication Facility PROPERTY OWNER: Burning Mountain Land & Cattle LLC/SBA Towers II LLC REPRESENTATIVE: Justin Hadley, Smartlink, LLC PARCEL NUMBER: 2123-314-00-016 LOCATION: 105 1/2 East Alkalai Creek Road, South of the Town of New Castle, S31,T5S, R9OW ZONING: Rural TYPE OF APPLICATION: Amendment to an Approved Land Use Change Permit (LIR) & Determination whether the proposed amendment is a minor or a substantial modification I. GENERAL DESCRIPTION The Applicant's representative, Smartlink, LLC, on behalf of AT&T, proposes to add a new set of antennas to an existing tower. AT&T proposes to place antennas at approximately 68 feet on the existing tower and the town height will not be increased. In addition, AT&T also proposes to construct a new 12x16 foot equipment shelter that will be placed on the ground inside. This will occur in an expansion of the existing project foot and will result in a new 200 square foot area leased by SBA Towers II, LLC. A new backup emergency diesel generator and new utility service for AT&T will be placed within this 200 square foot expansion area. The telecommunication facility was originally approved as an unmanned 100 foot tall tower on an existing telecommunication facility site of approximately 3,000 square feet. The approval was memorialized in Resolution 2001-1 and recorded under reception number 578604., II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Section 4-106 determines the process for an amendment to an approved Land Use Change permit. III. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification b. Substantial Modification. c. Determination by the BOCC IV. DETERMINATION In reviewing the information submitted (attached), the Director has determined that the Review Criteria (Section 4-106.C) for determining this proposed amendment to be a Minor Modification, has been met, as follows: 1. Comply with all requirements of this Code; The Amendment continues to meet all requirements of the Code. 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County's adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. 4. Do not alter the basic relationship of the development to adjacent property; The Amendment does not change the basic relationship of the development to adjacent properties. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way. 7. Do not increase the density; The Amendment does not increase the density of the project. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and The Amendment does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the Rural Zone District. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: The Amendment does not decrease the amount of any of the following to an amount below the minimum required in the Rural Zone district. a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; c. Any zone district dimensions in Table 3-201. V. APPLICATION REVIEW A. Reviewed by: Staff for technical completeness and compliance with standards B. Public Hearing(s): None C. Referral Agencies: None VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal requirements include the following for this Minor Modification: A. General Application Material (4-203.B), including a. Application Form b. Letter of Authorization, for any consultant acting on behalf of the owners c. Deed or title commitment d. Legal Description of Property e. Fees and Payment agreement form B. Copy of previously approved Land Use Change Permit (Special Use Permit) C. Vicinity Map (4-203.C) D. Revised Site Plan (4-203.D) VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 Amendment to a Special Use Permit Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: February 14, 2014 Tamra Allen, AICP Date Planning Manager 34.. I . ° ter`, - x ...y� - - ♦_ ,r ' ro fD Pf Jeaull UMOU)juf3 du}S dad qn5 — .11 GOt auil qnS 00I awl griS-- auil uo!pas.... ?7 Q 0 autjiaaua] pend Mad pe3Jlied awl Ia»ed _.. 5 rn ' • • r n n n 0 N c �^ c -A 3 Cr In rD 1 0 41.0 UO '3- (30 t.nW O C V tflz n z (D 0 G) "S Z 3 " 3 0 Z O OD o 2 a) W I- rt w O in Z it 0 of o n 523 r D A r rn r r n 6/4; O n v 0 • -t'4i • • i • F Y stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: File Number: Buyer: Seller: Property: SELLER: February 13, 2014 01330-35561 To Be Determined Burning Mountain Land & Cattle LLC 1-70 and Castle Valley Boulevard, CO Burning Mountain Land & Cattle LLC Delivery Method: Emailed Please direct all Title inquiries to: Becky Watts Phone: (970) 226-4399 Email Address: bwatts@stewart.com BUYER: To Be Determined Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title Escrow Number: 01330-35561 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: Pulls ZBA Account Number Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-35561 Escrow Officer: Property Address: 1-70 and Castle Valley Boulevard CO Buyer/Borrower: To Be Determined "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-35561 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 stewart title guaranty company 0049. 3' 4Fe0flgF 91;1-'. N51 ' A_*_a 0( 19os ��l '7drrrZ Matt Morris President and CEO Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Assodation. File No. 01330-35561 004 -UN ALTA Commitment (6/17/06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-35561 004 -UN ALTA Commitment (6/17/06) MMIIIIIIIIMI COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-35561 1. Effective Date: January 31, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: To Be Determined (b) A.L.T.A. Loan Policy Proposed Insured: Amount of Insurance 2006 (Extended) T.B.D. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Burning Mountain Land & Cattle, LLC 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: STATEMENT OF CHARGES 1-70 and Castle Valley Boulevard These charges are due and payable CO before a policy can be issued TBD Rate TBD Fee: $100.00 Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AR other uses are prohibited. Reprinted under license from the American Land Title Assodation. File No. 01330-35561 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION S'/Z S'/2, Section 31, Township 5 South. Range 90 West of the 6th P.M. County of Garfield State of Colorado. TOGETHER WITH a parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point whence the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place, bears S. 89°47'49" W. 602.32 feet; thence N. 00°12'11" W. 100.00 feet to a rebar and cap, L.S. No. 26950; thence along the Southerly right-of-way of County Road 335 the following two (2) courses: S. 78°53' 14" E. 442.83 feet to a rebar and cap, L.S. No. 26950; 62.09 feet along the arc of a curve to the right, having a radius of 2038.39 feet, a central angle of 01°44'43", a chord bearing of S. 78°00'52" E. and a chord distance of 62.09 feet to a rebar and cap, L.S. No. 26950; thence departing said right-of-way line S. 89°47'49" W. 494.91 feet along the Southerly line of said Northwest '/a of Section 31 to the point of beginning. Said parcel containing 0.54 acres, more or less. EXCEPTING THEREFROM a parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place; thence N. 89°47'49" E. 602.32 feet along the Southerly line of said NE'/ SPA of Section 31 to a rebar and cap, L.S. No. 26950; thence S. 00°12'11" E. 100.00 feet to a rebar and cap, L.S. No. 26950; thence N. 80°46'35" W. 610.56 feet to the point of beginning. Said parcel containing 0.69 acres, more or less. County of Garfield, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Assodatlon. File No. 01330-35561 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-35561 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 6. NOTE: Statement of Authority for Burning Mountain Land Cattle LLC and Russell L. Talbott recorded June 10, 2010 as Reception No. 787099, discloses the following persons as those authorized to transact business on behalf of said entity. If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. 7. NOTE: this is a Search Report Only Vesting is shown as: Quit claim Deed recorded December 28, 1994 in Book 926 at Page 669 as Reception No. 472582, Quit Claim Deed recorded December 28, 1994 in Book 926 at Page No. 674 as Reception No. 472583 and Warranty Deed recorded August 5, 1997 in Book 1029 at Page 29 as Reception No. 511962. Copyright 2006-2009 American Land Title Association. AU rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tide Assoaation. File No. 01330-35561 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY ft- COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-35561 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 18, 1888 in Book 1 at Page 420 as Reception No. 7129. 11. Matters disclosed in Deed recorded December 28, 1983 in Book 641 at Page 80 as Reception No. 348469, and any and all assignments of record, or otherwise, thereof, or interests therein. 12. Affidavit Regarding Boundary Line Adjustment recorded August 5, 1997 in Book 1029 at Page 011 as Reception No. 511960. 13. Memorandum of Lease recorded October 22, 1998 in Book 1094 at Page 130 as Reception No. 534129. 14. Memorandum of Lease recorded November 22, 1999 in Book 1161 at Page 408 as Reception No. 555625. 15. Easement recorded April 3, 2000 in Book 1180 at Page 481 as Reception No. 561472. 16. Easement recorded September 7, 2000 in Book 1205 at Page 828 as Reception No. 568949. 17, Memorandum of Lease recorded June 27, 2001 in Book 1264 at Page 405 as Reception No. 583385. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Assodation. File No. 01330-35561 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY ttiitittiittii� COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 18. Memorandum of Lease recorded January 24, 2002 in Book 1323 at Page 684 as Reception No. 596305. 19. Any and all existing leases and tenancies. 20. Utility Easement Agreement recorded August 9, 2002 in Book 1376 at Page 915 as Reception No. 608672. 21. Memorandum of Site License Agreement recorded September 17, 2007 as Reception No. 733203, and re- recorded August 14, 2008 as Reception No. 754098. 22. Memorandum of Lease recorded January 22, 2008 as Reception No. 741569. 23, Bill of Sale and Assignment recorded April 8, 2008 as Reception No. 746187. 24. Lack of a right of access from the land to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments of record in the office of the Clerk and Recorder of the County in which subject property is situate that any right of access exists to an open public roadway. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-35561 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY fe-. DISCLOSURES File No.: 01330-35561 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-35561 CO Commitment Disclosure SCHEDULE A LEGAL DESCRIPTION S'% S%, Section 31, Township 5 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado. TOGETHER WITH a parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point whence the Southeast 1/16 Comer of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place, bears S. 89°47'49" W. 602.32 feet; thence N. 00°12'11" W. 100.00 feet to a rebar and cap, L.S. No. 26950; thence along the Southerly right-of-way of County Road 335 the following two (2) courses: S. 78°53'14" E. 442.83 feet to a rebar and cap, L.S. No. 26950; 62.09 feet along the arc of a curve to the right, having a radius of 2038.39 feet, a central angle of 01°44'43", a chord bearing of S. 78°00'52" E. and a chord distance of 62.09 feet to a rebar and cap, L.S. No. 26950; thence departing said right-of-way line S. 89°47'49" W. 494.91 feet along the Southerly line of said Northwest % of Section 31 to the point of beginning. Said parcel containing 0.54 acres, more or less. EXCEPTING THEREFROM a parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place; thence N. 89°47'49" E. 602.32 feet along the Southerly line of said NE'/ SE'/ of Section 31 to a rebar and cap, L.S. No. 26950; thence S. 00°12'11" E. 100.00 feet to a rebar and cap, L.S. No. 26950; thence N. 80°46'35" W. 610.56 feet to the point of beginning. Said parcel containing 0.69 acres, more or less. County of Garfield, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Lend Title Association. File No. 01330-35561 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY )t3, k l E(C� CGarfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of SBA Towors 11 LLC a Florida limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is sBA Towers D LLC / ("Lessee") and is formed under the laws of Florida The mailing address for the Entity is 5900 Broken Sound Parkway, NW, Boca Raton, FL 33487 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2`v day of '310 Gt4A.1 i 20 1 y. Signature: Name (printed).—�1@S6Il Title (if any): ` , STATE OF ft Paten)s )SS. COUNTY OF The foregoing instrument was acknowledg d before me this 25 day of �by q `t asp, v - WENDYCARRICK MY COMMISSION II FF066897 EXPIRES: November 30, 2017 Bonded Thai Notary Pobe untierwnlers Witness my hand and official seal. My commission expires: (Date) [SEAL] SBA Site ID: CO I0470 -A-07 / Extension Cord Site Mune: 1-70 & Caslle Valley Blvd LETTER OF AUTHORIZATION APPLICATION FOR ZONING/LAND USE ENTITLEMENTS Property Address: 105 Vz East Alkalai Creek Rd., New Castle, CO 81647 Assessor's Parcel Number: 2123-314-00-016 Garfield County — Amendment to SRU Permit — AT&T Wireless Collocation (Existing SBA) I-70 & Castle Valley Blvd 1/We, the owner(s) of the above described property, authorize New Cingular Wireless, doing business as AT&T Mobility, whose address is 188 Inverness Drive West, #400, Englewood, CO 80112, its employees, representatives, agents, and/or consultants, specifically Justin Hadley, to act as an agent on my/our behalf for the sole purpose of consummating any and all building and land -use permit applications, or any other entitlements necessary for the purpose of' constructing and operating a wireless telecommunications facility. 1/We understand that any application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits, and at all times thereafter. Me further understand that signing of this authorization in no way creates an obligation of any kind. OWNER(S): SBA TOWERS II LLC Print Name Jason Silberstein PrEationlace President, Site teasing Title Title Signature Si: r Date: Date: -' // 2 S /�% State of Florida County of Palm Beach ) SS. On this, the 25 day of ebnAal(__ �___-_ 2014, before me, id (11(11 Camel( M4tin personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized eapaeity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Notaiy Public, personally appeared 1 certify under PENALTY OF PERJURY under the laws of the State of Ceets-mu that the foregoing paragraph is true and correct. Witness my hand and official seal: WENDY CARRICK MY COMMISSION Y FF 160697 EXPIRES: November 30, 2017 Bonded nu Notary Pubtc tkdermdxrs Notary Public My conunission expires: 787099 06/10/2010 12:56:26 PM Page 1 of 1 Jean Aiberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY (38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Burning Mountain Land & Cattle, LLC. And is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: Limited Liability Company 3. The mailing address for the entity is: / . Coft? j CosrtCuyTha P$5 -f oac.'O404.. Ca -it Cu s.c.a b I 4. The entity is formed under the laws of': Colorado 5. The name of the person(s) authorized to execute instruments conveying, encumbering, or otherwise sffraino title to real property on behalf of the entity is: Russell L. Talbott 6. The authority of the foregoing person(s) to bind the entity is eq, Not limited OR ❑ Limited as follows: 7. Other matters concerning the manner in which the entity deals with interest in real property: Tr -- Dated this �— day of , 1ei ( O Bumming Mountain Land & Cattle, LL . ' Russell Talbott • State of e,..0f or ) County of ((Jl Pi/� ;ss. '(a On / /.r7'r day of 141 before me, the undersigned, ,Q0/O personally appeared * as the Trustee of Burning M tntain Land & Cattle, LLC. W�itnnesss my hand and official seal. 7 bl i o ry Public Notary Public My co iasion expires: orar Number: 938737 Sfx:mat ofAuihnnry - Boer at&t AT&T Mobility Rocky Mountain Region 188 Inverness Drive West, Suite 400 Englewood, CO 801 12 February 14, 2014 TO: GARFIELD COUNTY PLANNING DEPT ATTN: Tamra Allen 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 LETTER OF AUTHORIZATION RE: Minor Amendment to Special Use Permit AT&T Wireless Collocation — 1-70 & Castle Valley Blvd Property Owner: Burning Mountain Land & Cattle LLC / SBA Towers 11 LLC Property Address: 105 '/2 East Alkalai Creek Road, New Castle, CO 81647 To Whom It May Concern: The undersigned hereby authorizes AT&T, its attorneys, agents, representatives, contractors, and Smartlink LLC to make application for any necessary zoning petitions including the filing of building permit applications. Warmest Regards, Sma ink, LLC Justin Hadley Date - AT&T Repre ntativ Krista R. Thomas Project Manager Date Justin Hadley Site Acquisition Specialist Smartlink, LLC 110 E. 1750 N. Orem, Utah 84057 LEASE A(1615/0/1 Cord :ned THIS BUSINESS LEASE, made and entered into this l Gj day of , 20j between BURNING MOUNTAIN LAND & CATTLE COMPANY, L.L.C., a Colorado Limited Liability Company (hereinafter referred to as "Lessor") and NTCH-COLORADO, INC., a Colorado Corporation (hereinafter referred to as "Lessee"); WHEREAS, Lessor is the owner of certain real property in Garfield County, Colorado, as specifically described in Exhibit "A" attached to and incorporated in this Lease by reference; and WHEREAS, Lessor is willing to lease the real property described in Exhibit "A" to Lessee, and the parties desire to reduce to writing all of t he terms and conditions of their lease agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, IT IS AGREED as follows: I. LEASEHOLD PROPERTY DESCRIPTION Lessor, for and in consideration of the covenants and agreements hereinafter specified to be kept and performed by Lessee, its successors and assigns, has demised and leased and does hereby demise and lease to the Lessee, its successors and assigns, all of the real property situated in the County of Garfield and State of Colorado described in Exhibit "A" attached to and incorporated into this lease agreement by reference, together with a nonexclusive easement for ingress and egress to Lessee's facilities, which right of ingress and egress shall entitle Lessee, its employees, agents or invitees, to at all times, during the term of the lease, have a free and uninterrupted nonexclusive right of access to the leasehold premises over and across Lessor's property; and should such nonexclusive right of access be in any way abridged or interrupted, Lessee shall have the right to enforce this access right, if necessary, by court order; or in the alternative, Lessee shall have the option to forthwith terminate this lease, in which case all obligations and liabilities upon each of the parties hereto shall cease and terminate. II. Lessee agrees to pay Lessor, at such places as shall be designated b Lessor from time to time in writing, annual rent �f rt,> ^ter o the 0 r evenues rom all business condun or connected with Lessee's occupancy of the Property each calendar year. Gross revenues shall mean the amount of gross rents actually collected and received by Lessee from any subleases arising out of Lessee's operations on the Property. Rents shall become due and payable on January fifteenth (15th) on each year for the prior years rent. Lessee shall submit to lessor with each rent payment a statement of gross revenues received for that preceding year. I n addition to the foregoing, lessee shall submit to lessor, within sixty (60) days following the end of each calendar year, a written unaudited statement of gross rents for the preceding year, signed by the Lessee. Provided, however, that on every anniversary date which is a multiple of Five (5) years of this Lease the minimum rental amount shall be increased ("Rental Increase") by an amount equal to of the Rent in effect at the end of the previous period. Rent for any fractional period at the beginning or at the end of the Term or Renewal Term shall be prorated. Unless otherwise notified in writing, rent shall be payable to Lessor at 5 17 8 County Road 335, New Castle, CO 81647. The term of this lease shall be for 25 years commencing on the First day of January, 2002 or upon the start of construction of Lessee's Facilities whichever occurs first. The Lessee shall have the right to extend this Lease for three (3) additional five (5) year terms by giving Lessor written notice of Lessee's intention to do so at least six months prior to the end of the then current term. This lease is conditional upon Lessee obtaining construction approval from Garfield County Authorities. If said approval is not granted by the thirty-first (31) day of December, 2001 or if at an earlier date it is deemed unobtainable or unfeasible, at the sole discretion of Lessee, then this lease agreement shall terminate upon written notice to Lessor. 2 Lessee will pay Lessor first years rents for time, n o exceemto be applied to ate of this agreement, to perform due diligencdaysstothet feasibilitye executio ofn d the tower location. Lessor shall permit Lessee during this time period, free ingress and egress to the Property by Lessee and its employees, agents and contractors to conduct structural strength analyses, subsurface boring tests, radio frequency tests and such other tests, investigations and similar activities as Lessee may deem necessary, at the sole cost of Lessee. Lessee and its employees, agents, and contractors shall have the right to bring the necessary vehicles and equipment onto the Property and the Surrounding Property to conduct such test, investigations and similar activities. Lessee shall indemnify and hold Lessor harmless against any loss or damage for personal injury and physical damage to the Property, Lessors Surrounding property or the property of third parties resulting from any such test, investigations and similar activities. If site is determined by Lessee to be unfeasible, Lessor will retain the neither party will have any further • i iga ion. and III. USES OF PREMISES Lessee shall use the Property for the purpose of maintaining and operating a Multiple -User Communication Facility and uses incidental thereto. Lessee has the right to erect, maintain and operate on the premises radio communications facilities, including without limitation utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas and supporting equipment and structures thereto ("Lessee Facilities"). I n connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held b y Lessee. All of the Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities a t 3 its sole expense on or before the expiration or earlier termination of this Agreement; provided, Lessee rent payment are not in default and Lessee repairs any damage to the Premises caused by such removal and restores the premises to a condition similar to that prior to the installation of such improvements. Lessee shall have the right to make such repairs, modifications and improvements to its property located on leasehold premises, as Lessee, in its sole discretion, deems desirable. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities. IV. GENERA PROVISIONS A. TAXES. Lessor agrees to be responsible for the payment of real property taxes and special assessments on the leasehold property, as they shall become due. Lessee agrees that it shall be responsible for the payment of any personal property or ad valorem taxes which may b e levied against the improvements placed upon the leasehold premises b y the Lessee. 13. Mamma. The Lessee will not, during the term of this Lease or any extension thereof, allow installation of any equipment that would interfere with the existing equipment at the site used for the reception and transmission of communication signals. The Lessee will be allowed to add or modify equipment within the Leasehold Premises used in the reception and transmission of communication signals so long as those additions or modifications do not interfere with any other equipment, or transmission of signal, or reception of signal, that is in use on land now owned by the lessor, at the time the changes or modifications are installed. In addition the Lessor will not, during the term of this Lease or any extension thereof, allow installation of any equipment that interferes with the equipment as installed at the Lessee's Facility at the time the changes or modifications are installed. In either case the installation of new equipment by either 4 Lessor or Lessee shall be in such a manner as not to interfere with any other currently operating communication equipment located within the property controlled by the Lessor or Lessee. C. UTILITIES AND CONDITIONS. Lessee shall be responsible for the payment of all charges for utilities, and Lessee does hereby agree to indemnify and to save and hold harmless Lessor as to any liability for payment for utilities. This lease is expressly conditioned upon the availability to Lessee of sufficient electric power to maintain and operate any translator station located upon the premises, and should Lessee at any time be unable to obtain such electric power at reasonable costs during the term of this lease, or any extended term hereof, Lessee shall have the option to continue the lease or to forthwith terminate the lease, in which case all respective obligations and liabilities hereunder shall cease. D. RISK OF HARM OR LOSS. Lessee further agrees that the risk of loss with respect to any improvements, materials or equipment which it places upon the leasehold premises, shall be solely at the risk of Lessee, and Lessee agrees that it shall maintain its own insurance with respect to all improvements upon the leasehold premises including general liability coverage with a minimum limit of two million dollars ($2,000,000) and a minimum umbrella coverage of ten million dollars ($10,000,000). Lessee shall indemnify and hold Lessor harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the Lessee, its servants, employees, or agents, excepting, however, such claims or damages as may be due to or caused solely by the acts of the Lessor, its servants or agents. A certification of liability insurance shall be provided to Lessor annually. E. DAMAGE OR DESTRUCTION, Lessor agrees that if the improvements placed upon the premises shall at any time during the term of this lease, or any extended term hereof, be destroyed by fire or other unavoidable casualty, to the extent of more than fifty percent (50%) of replacement value, Lessee shall have the option to rebuild, repair or replace such improvements at its' own expense, and to either continue to lease, or to forthwith terminate the lease, in which case all respective obligations and liabilities hereunder shall cease. F. FCCAND F A sPPROy This lease is further conditioned upon Lessee, at all times during the term hereof, or any extended term hereof, having a valid permit from the Federal Communications Commission (FCC) and if appropriate the Federal Aviation Administration (FAA) allowing Lessee to carry on its use and operation of the facilities on the leasehold premises and in the event that Lessee should at any time lose its right to use said premises because of action taken by the FCC or FAA, this lease, a t the option of Lessee and upon a ninety (90) day written notice to t h e Lessor, shall terminate. The provisions of Article III of this lease concerning Lessee's option to remove its improvements shall apply. G. ASSIGNMENT AND PARTIES BOUND, Lessor agrees that Lessee may assign this lease, without Lessor's consent, to any business organization affiliated with Lessee, or to any business organization with or into which Lessee may merge. Lessee may not assign this lease to any other person or business organization without the prior written consent of Lessor, which consent is not to be unreasonably withheld. No assignment shall be affective unless all rents have been paid to date of assignment. This lease shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of each of the parties hereto. Tenant may freely sublease all or any part of the Property, including, but not limited to, ground space and tower space, and said subleases m a y use the easements for ingress, egress, regress and utilities. H. ACCESS. In the event that the Department of Wildlife or its successor terminates the traditional right to use the current access, the Lessor will provide a secondary access. This secondary access will b e established rapidly and with no unreasonable delay on land owned by or in the control of Burning Mountain Land and Cattle, L.L.C. or its partners. Lessor and Lessee agree that this lease has been made, entered into and delivered in the State of Colorado and that this lease shall be construed and enforced in accordance with the laws of the State of Colorado. THIS LEASE EXECUTED in duplicate originals this dayof 2000. ATTEST: LESSOR BURNING MOUNTAIN LAND & CATTLE COMPANY, L.L.C. Russell L. albott, Manager LESSEE: NTCH-COLORADO, INC. STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrume day of't:(nv'a01272__ Mountain Land & Cattle Corporation. ACKNOWLEDGMENT nt was acknowledged before me on the JS_" , by Russell L. Talbott, as Manager of Burning Company, L.L.C., a Colorado Limited Liability Witness my hand and official seal. My commission expires: atiti Notary Public ACKNOWLEDGMENT STATE OF COLORADO ) ) ss. COUNTY OF ) The forgoing instrument was acknowledged before me on the 131"` day of $__, 2(t, by Geo(Y1rr l�cne Secretary, and C—QCry at, as President((J)of NTCH-COLORADO INC a Colorado Corporation. Witness my hand and official seal. xpires: _I QIo/Oa JENNIFER R. : BRELAND : .. ; 9T 8 20'd 486 11111111111111111111111111111 Ilill 111111111111111111111 583385 08/27/2001 03:45P 81284 P407 M RLSOORF 3 of 3 R 15.00 D 0.00 GRRFIELD COUNTY CO SZ:OZ tow-60-nON EXHIBIT "A" TO LEASE AND LEASE MEMORANDUM BETWEEN BURNING MOUNTAIN LAND & CATTLE COMPANY, L.L.C. AND NTCH•COLORADO, INC. A tract of land approximately 3,600 square feet (60 feet by 60 feet) located within and as a portion of such real property further described as SW 1/4 of the SE 1/4 Section 31, Township 5 South, Range 90 West of the Sixth Principal Meridian in Garfield County, Colorado. The exact legal description of which has yet to be determined. CO /WC t0'd %LE SEE:OE LOO2-LO-FON 1s1,191611.11/11,15111191711111:1145111.1111.121.1111.111i111 1111 III! 3 3 of 5 R 26.00 0 0.00 N 0.00 GRRFIELD CLERK EXHIBIT A-1 PROPERTY OWNED BY BURNING MOUNTAIN LAND AND CATTLE, LLC. PRIOR TO BOUNDARY LINE ADJUSTMENT S1/2 S+/z; Section 31, Township 5 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado. EXHIBIT A•2 PROPERTY OWNED BY BURNING MOUNTAIN LAND AND CATTLE, LLC SUBSEQUENT TO BOUNDARY LINE ADJUSTMENT S+/2 S1/2, Section 31, Township 5 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado. TOGETHER WITH a parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point whence the Southeast 1/16 Corner of said Section 31 being . monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place, bears S. 89947'49" W. 602.32 feet; thence N. 00212'11" W. 100.00 feet to a rebar and cap, LS. No. 26950; thence along the Southerly right-of-way of County Road 335 the following two (2) courses: S. 78253'14" E. 442.83 feet to a rebar and cap, L.S. No. 26950; 62.09 feet along the arc of a curve to the right, having a radius of 2038.39 feet, a central angle of 0144'43", a chord bearing of S. 78900'52" E. and a chord distance of 62.09 feet to a rebar and cap, L.S. No. 26950; thence departing said right-of-way line S. 89947'49" W. 494.91 feet along the Southerly line of said Northwest 1/, of Section 31 to the point of beginning. Said parcel containing 0.54 acres, more or less. EXCEPTING THEREFROM a parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place; thence N. 89'47'49" E. 602.32 feet along the Southerly line of said NE'/, SEY of Section 31 to a rebar and cap, L.S. No. 26950; thence S. 00912'11" E. 100.00 feet to a rebar and cap, L.S. No. 26950; thence N. 80246'35" W. 610.56 feet to the point of beginning. Said parcel containing 0.69 acres, more or less. 3 S0'd G6 SZ:OE LOO?-LO-nOtd PARCEL 1 i11111111111111111 h ill 11111111111 IN11 III hili 1111 511960 08/05/1997 03 21P 31029 P25 011 .4 of 5 R 26.00 D 0,00 N 0.00 GRRFIELD CLERK EXHIBIT B-1 PROPERTY OWNED BY TOWN OF NEW CASTLE PRIOR TO BOUNDARY LINE ADJUSTMENT A parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning: at the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734 properly marked and found in place; thence N. 0P33'18" W. 213.87 feet along the West line of the NE'/4 SEY of Section 31 to a rebar and cap, L.S. No. 26950 and being on the Southerly right-of-way line of County Road 335; thence along said right-of-way line the following three (3) courses: 113.67 feet along the arc of a curve to the right, having a radius of 2069.89 feet, a central angle of 03908'47", a chord beating of S. 81454'36" E. and a cbord distance of 113.65 feet to a rebar and cap, L.S. No. 26950; 125.35 feet along the arc of a curve to the right, having a radius of 4955.16 feet, a central angle of 01426'58", a chord bearing of S. 79236'43" E. and a chord distance of 125.35 feet to a rebar and cap, L.S. No. 26950; thence departing said right-of-way S. 78953'14" E. 379.06 feet to a rebar and cap L.S. No. 26950; thence S. 00412'11" E. 100.00 feet to a rebar and cap, L.S. No. 26950; thence S. 89947'49" W. 602.32 feet along the Southerly line of said NEVA SE' of Section 31 to the point of beginning. Said parcel containing 2.07 acres, more or less. PARCEL 3 A parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point *hence the Southeast 1116 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place, bears S. 89447'49" W. 602.32 feet; thence N. 00412'11" W. 100.00 feet to a rebar and cap, L.S. No. 26950; thence along the Southerly right-of-way of County Road 335 the following two (2) courses: S. 78453'14" E. 442.83 feet to a rebar and cap, L.S. No. 26950; 62.09 feet along the arc of a curve to the right, having a radius of 2038.39 feet, a central angle of 01244'43", a chord bearing of S. 78900'52" E. and a chord distance of 62.09 feet to a rebar and cap, L.S. No. 26950; thence departing said right-of-way line S. 89447'49" W. 494.91 feet along the Southerly line of said Northwest 1/4 of Section 31 to the point of beginning. Said parcel containing 0.54 acres, more or less. 4 90'd %GE SE:OE am -L0 -(10N Cc /3 PARCEL 1 111111 11111 111111 IIIII 111 11111111 Nill III 11111 IIII II 511980 08/05/1997 03:21P 81029 P26 011 5 of 5 R 26.00 D 0.60 N 0.00 GRRFIELD CLERK EXHIBIT B-2 PROPERTY OWNED BY TOWN OF NEW CASTLE SUBSEQUENT TO BOUNDARY LINE ADJUSTMENT A. parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734 properly marked and found in place; thence N. 01433'18" W. 213.87 feet along the West line of the NE1/4 SE1/4 of Section 31 to a rebar and cap, L.S. No. 26950 and being on the Southerly right-of-way line of County Road 335; thence along said right-of-way line the following three (3) courses: 113.67 feet along the arc of a curve to the right, having a radius of 2069.89 feet, a central angle of 03408'47", a chord bearing of S. 81454'36." E. and a chord distance of 113.65 feet to a rebar and cap, L.S. No. 26950; 125.35 feet along the arc of a curve to the right, having a radius of 4955.16 feet, a central angle of 01226'58", a chord bearing of S. 79436'43" E. and a chord distance of 125.35 feet to a rebar an4 cap, LS. No. 26950; thence departing said right-of-way S. 78953'14" E. 379.06 feet to a rebar and cap LS. No. 26950; thence S. 00412'11" E. 100.00 feet to a rebar and cap, LS. No. 26950; thence S. 89247'49" W. 602.32 feet along the Southerly line of said NE1 SEY of Section 31 to the point of beginning. Said parcel containing 2.07 acres, more or less. PARCEL Z A parcel of land located in the County of Garfield, State of Colorado, and being in Section 31, Township 5 South, Range 90 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at the Southeast 1/16 Corner of said Section 31 being monumented by a rebar and aluminum cap, L.S. No. 7734, properly marked and found in place; thence N. 89447'49" E. 602.32 feet along the Southerly line of said NE' SE' of Section 31 to a rebar and cap, L.S. No. 26950; thence 5.00412'11" E. 100.00 feet to a rebar and cap, L.S. No. 26950; thence N. 80446'35" W. 610.56 feet to the point of beginning. Said parcel containing 0.69 acres, more or less. 5 �10flwnwr�,av�twl�,��,� nrr�rtnw� i�,* 11111 04/04(2008 04:26:43 2 PPM Jean Albericc 1 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO This Instrument was nrenared by When recorded return to: an June Smith, LandAmerica L� 5 Concourse Parkway, Suite 1425 Atlanta, Georgia 30328 q/ 0027- oI0147:IA z,cf-eA Si R d ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (this "Assignment") is made as of t ecember 41,,.,,9001 ("Transfer Date"), by and among NTCH- COLORADO, INC., a Colorado corporation ("Assignor"); and SBA TOWERS II LLC, a Florida limited liability company (the "Assignee"), to -wit: RECITALS A. Assignor and Assignee entered into a Purchase and Sale Agreement, dated as of September 28, 2007 (the "Purchase Agreement") whereby Assignor has, among other things, agreed to assign all its right, title and interest in and to the Ground Lease (as defined on Exhibit "A") to Assignee and to sell and convey to Assignee all improvements thereon, including all communications towers or monopoles on the Real Property (as defined on Exhibit "B"). Capitalized terms used herein that are not otherwise defined have the meanings ascribed to such terms in the Purchase Agreement. B. This Assignment is made and delivered in accordance with, and as additional documentation of, the Purchase Agreement, and to effect the transfer by the Assignors to the Assignee, and the assumption by the Assignee, of the Ground Leases and other interest identified in the Purchase Agreement. NOW, THEREFORE, KNOW BY THESE PRESENTS, that subject to and as more fully set forth in the Purchase Agreement; As of the Transfer Date, Assignor hereby assigns and transfers to Assignee and its successors and assigns all of its right, title, claim and interest in, to and under (i) the Ground Lease (ii) all Appurtenant Property relating to the Real Property, (iii) all Easements benefiting the Real Property, and (iv) all Improvements constructed on the Real Property or the Easements. Assignee as of the Transfer Date hereby accepts the foregoing assignment and assumes all of the Assignor's obligations under (i) the Ground Lease (ii) all Appurtenant Property relating to the Real Property, (iii) all Easements benefiting the Real Property, and (iv) all Improvements constructed on the Real Property or the Easements. Site ID: C010470 -A, Extension Cord 1 1 1111 IIIKII Vl,Mli 111/4!,P3/411,141,G Glli,T41ti44 ,1Nii 11111 Reception#: 746012 204 off 42 7 Reo Fee:$36300MDoc Fee.0.00i OPRFIELD COUNTY CO Assignor warrants and represents that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation, that it has the full corporate power to execute, deliver and perform this Assignment and all other agreements and documents to be executed and delivered by it in connection with the Purchase Agreement and all other agreements and documents to be executed and delivered by it in connection therewith. Assignor covenants with the Assignee that Assignor will take all such further actions, execute and deliver all such further documents and do all other acts and things as the Assignee may reasonably request for the purpose of carrying out the intent of this Assignment. The Assignee covenants with the Assignor that the Assignee will take all such further actions, execute and deliver all such further documents and do all other acts and things as the Assignor may reasonably request for the purpose of carrying out the intent of this Assignment. Nothing contained in this Assignment will be deemed to supersede, modify, limit or amend any of the rights, obligations or agreements of the Assignee or the Assignor under the Purchase Agreement. If any conflict exists between the terms of this Assignment and the terms of the Purchase Agreement, the terms of the Purchase Agreement shall govern and control. This Assignment is delivered in accordance with and subject to the terms and provisions of the Purchase Agreement. Except as specifically provided for in the Purchase Agreement, Assignor makes no warranties or representations, implied or otherwise, of any nature with respect to Assignor's right, title, claim and interest in, to and under any of Assignor's rights, title, claims and interests which are the subject of this Assignment. This Assignment shall be governed by and construed under Florida law, without regard to conflict of laws principles. No supplement, modification or amendment of this Assignment shall be binding unless made in a written instrument which is signed by all of the parties and which specifically refers to this Assignment. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same document. [The remainder of this page intentionally left blank. Signatures to follow.] 2 Site ID: C010470 -A, Extension Cord IIII KREIVA11,141,Plb ,141rI KI1/4 ',iiiiiN IN'i 11111 Reception#: 746012 04/04/2008 04:26:43 PM Jean piberico 3 of 7 Rea Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO Executed as of the date first written above. WITNESSES By:qi(/ Print Name: �i By: Print Name: State ofidahte• Cccat.,,,,; . e4° County of I os / NGELES On this (,)/S day of /)E'cattlek , 2007, before me, the undersigned, a Notary Public, in and for said State, personally appeared GL E]UAI kill H4!U-, known to me, er-id4nti4 sd-te obethe eµl(p fijNmutt ti Ctp,cgk of the corporation that executed the instrument and that the foregoing instrument was signed on behalf of said corporation by authority of a resolution of it's board of directors and acknowledged to me that such corporation executed the same. ss. ASSIGNOR: NTCH-COLORADO, INC., a Colorado corporation By: Name: Title: WITNESS MY HAND AND OFFICIAL SEAL. ( a uJaea C', /orn a.Ce Notary Public Residing at: A SO a_ Jtsureyt.:i 'ta tent() . C/1 . 9ost3 My Commission expires: SEPT, /0 hoe e 3 Site ID: C010470 -A, Extension Cord (SEAL) CANDACEC.POMERLEMJ Comm) iIon N 1512299 Notary Pub5c - Co$ornla 1111 PA 1111 ,P0,1411,14I WNW& rfri 1 III Reception#: 746012 04/04/2008 04:26 43 PM Jean Rlberico 4 of 7 Rec Fee:$36.00 Doc Fee:0.00 GRRFIELD COUNTY CO WITNESSES ASSIGNEE: By: lttlAA_ Print Name: A{ STATE OF FLORIDA COUNTY OF PALM BEACH } } SBA TOWERS II LLC, a Florida limited liability company By: Name: Thomas P. Hunt Title: Senior Vice President & General Counsel The foregoing instrument was acknowledged before me this de day of Lietemhx-r, 2007 by Thomas P. Hunt, the Senior Vice President and General Counsel of SBA Towers II LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Notary Publi Print Name: My Commission Expires: 4 Site ID: C010470 -A, Extension Cord 111111.10111JXI1PahN ,4051N+.fiIi1114/01111111 Reception#: 746012 04/04/.2008 04:26:43 PM Jean Albericc 5 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" The Ground Lease That certain Lease dated September 15, 2000, by and between Burning Mountain Land and Cattle Company, LLC, a Colorado limited liability company and NTCH-Colorado, Inc., a Colorado corporation as evidenced by that Memorandum of Lease dated January 19, 2001 and recorded on June 27, 2001 as Instrument Number 583385 in Book 1264, Page 405 in the Garfield County Recorders Office, Garfield County, Colorado. 5 Site ID: C010470 -A, Extension Cord 1111 +i WMI M I DI%{ NI Al4'M11th4Y Rill l+ g 1111! Reception#: 746012 64o0 472 Rec FFee:$36300NDoceFene0600rico GARFIELD COUNTY CO EXHIBIT "B" Legal Description 6 Site ID: C010470 -A, Extension Cord Receptlon0: 746012 07 of 72Reo Fee:$30300NDoceFee:0.00n ico GARFIELD COUNTY CO BOUNDARY DESCRIPTION EXTENSION CORD A parcel of land located in the Southeast Quarter (SE%) of Section 31, Township 5 South, Range 90 West of the 6th Principle Meridian in Garfield County, Colorado and being more particularly described as follows: S1/2 S'A SE% Section 31, T5S, R9OW, 6th PM, Garfield County, Colorado LEASE BOUNDARY DESCRIPTION A parcel of land located in the South Half of the South Half of the Southeast Quarter (S1/2 S1/2 SE'/) of Section 31, Township 5 South, Range 90 West of the 6th Principle Meridian in Garfield County, Colorado and being more particularly described as follows: Commencing at the South Quarter corner of said Section 31, whence the Northwest corner of Section 3, T5S, R9OW, 6th PM bears South 89 degrees 17 minutes 03 seconds West, a distance of 1825.75 feet for a basis of bearings, with all bearings contained herein relative thereto; thence North 27 degrees 20 minutes 04 seconds East, a distance of 458.07 feet to the POINT OF BEGINNING; thence North 14 degrees 36 minutes 53 seconds West, a distance of 61.30 feet; thence South 88 degrees 57 minutes 47 seconds East, a distance of 60.27 feet; thence South 06 degrees 41 minutes 44 seconds East, a distance of 49.60 feet; thence South 79 degrees 56 minutes 57 seconds West, a distance of 51.36 feet to the POINT OF BEGINNING. Said parcel containing an area of 0.070 acres, as described. Prepared by: Andrea Reid -Gentles After recording return to: Khreshmore Spence SBA Network Services, LLC 5900 Broken Sound Parkway, NW. 3`4 Floor Boca Raton, FL 33487 Ph: 1-800-487-7483 ext. 7795 Property Parcel ID: AMENDMENT TO LEASE AND MEMORANDUM OF LEASE THIS AMENDMENT TO LEASE AND MEMORANDUMLEASE (heleinafter referred to as "Amendment") is executed this $ day of ��CfLty� bal , 2013, by and between BURNING MOUNTAIN LAND & CATTLE COMPANY, LLC, a Colorado limited liability company, having an address of 5175 County Road 335, #401, New Castle, Colorado 81647 (hereinafter referred to as "Lessor") and SBA TOWERS II LLC, a Florida limited liability company, having a principal office located at 5900 Broken Sound Parkway, NW, Boca Raton, Florida 33487 (hereinafter referred to as "Lessee"). WHEREAS, Lessor and NTCH-Colorado, Inc., a Colorado corporation, entered into that certain Lease dated September 15, 2000, as evidenced by that certain Memorandum of Lease dated January 19, 2001 and recorded on June 27, 2001, in Book 1264, Page 405, in the records of Garfield County, Colorado (together, the "Lease), whereby Lessor leased to Lessee certain land owned by Lessor located at 105 ''A E. Alkali Creek Road, City of New Castle, State of Colorado 81647 (hereinafter referred to as the "Lessee Facilities"); and WHEREAS, NTCH-Colorado, Inc. and Lessee entered into that certain Assignment and Assumption Agreement dated December 26, 2007 and recorded on April 4, 2008, as Reception Number 746012, in the records of Garfield County, State of Colorado; and WHEREAS, Lessor and Lessee desire to amend the Lease to reflect the expansion of the Lessee Facilities. SBA Site Nanie: Extension Cord SBA Site ID: C010470 -A NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Lease and Memorandum: 1. Section II. LEASEHOLD TERM, RENTAL, POSSESSION AND EXTENSION of the Lease is hereby amended as follows: As consideration for the hereinafter referenced Expanded Lessee Facilities, Lessor shall receive an additional Two Hundred and No/100 Dollars ($200.00) per month, (hereinafter, the "Additional Rent"). The Additional Rent shall be due upon the commencement of any construction activities at the Expanded Lessee Facilities by Lessee or any of Lessee's sublessees. 2. Section III. USE OF PREMISES, of the Lease is hereby amended as follows: Lessor hereby leases to Lessee an additional approximate 200 square feet (10' x 20') of ground space (the "Expanded Lessee Facilities"), for a total leased space of approximately 3,250 square feet of ground space as described in Exhibit "A" attached hereto and made a part hereof. This legal description shall replace the existing legal description attached to the Lease and shall serve as the legal description of the Expanded Lessee Facilities for all purposes under the Lease. Lessor and Lessee agree that a revised Lessee Facilities legal description with access and utility easements can be substituted with a survey as soon as it becomes available. 3. The Lessee Facilities as referenced on Exhibit "A" of the Lease is hereby deleted in its entirety and replaced with the revised Exhibit "A" attached hereto and made a part hereof. In the event that Lessee is unable to secure a sublease for the Expanded Lessee Facilities or if Lessee is unable to obtain or maintain, through no fault of Lessee, any license, permit or other Governmental Approval necessary to the construction and operation of the structures related to the use of the Expanded Lessee Facilities, this Amendment shall be null and void and Lessee shall have no further rights or obligations related to the Expanded Lessee Facilities. 4. This Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the property is located without regard to principles of conflicts of law. 5. Except as specifically set forth in this Amendment, the Lease is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall take precedence. 6. This Amendment shall be effective as of the date last executed below. [Signatures to appear on the following pages] SBA Site Name: Extension Cord SBA Site ID: C010470 -A IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. LESSOR: WITNESSES: BURNING MOUNTAIN LAND & CATTLE COMPANY, LLC, a Colorado limited liability company Name: Title: Date: , - 2Z - 20 tz) STATE OF e4) / U Y (Id n } COUNTY OF &t e I } 9.01a, o (( __ (prirntname)Ra 5 /k r •i— ./(1, c-fr- (print name) •1 Nr L the undersigned, a Notary Public for the state and county aforesaid, do hereby certify that `- o .<< t a (S personally came before me this day and acknowledged that he/she is ,z,r-- for BURNING MOUNTAIN LAND & CATTLE COMPANY, LLC, a Colorado limited liability company and acknowledged, on behalf of said company, the due execution of the foregoing instrument. WITNESS MY HAND and official seal in the state and county last aforesaid the a ay of linv emi h , 2013. aiuttp /14,,,4,41 Notary Public )Y7(11`411G A Sm t44.) (print name) My commission expires on -1 9- ' ' 0 (1 SBA Site Name: Extension Cord SI3A Site ID: C010470 -A LESSEE: SBA TOWERS II LLC, a Florida limited liability company WITNESSES: leeBy: �pp,� � Name. ason Silberstein (print name) �+P.o—'l.p.�a. - ciG't.. Title: Sen.{,: Yeerl_ile President, Property Management Date: Ialcla 2o1 -g- 1% c `�/ pri name) STATE OF FLORIDA } COUNTY OF PALM BEACH } I, the undersigned, a Notary Public for the state and county aforesaid, do hereby certify that JASON SILBERSTEIN personally came before me this day and acknowledged that he is Senior Vice President, Property Management for SBA TOWERS II LLC, a Florida limited liability company, and acknowledged, on behalf of said corporation, the due execution of the foregoing instrument. r� WITNESS MY HAND and official seal in the state and county last aforesaid the rpt day of ThQCember , 2013. NotarylVublic £tnaL) SBA Site Name: Extension Cord SBA Site ID: C010470 -A WENDY CARRICK MY COMMISSION I FF 068697 EXPIRES: November 30, 2017 BondedThru Notary Public Undenrt'een My commission expires on EXHIBIT "A" REVISED LEASED SPACE LEGAL DESCRIPTION WILL BE INSERTED UPON COMPLETION OF SURVEY ri*F , ..s. ins,i„ •cerp • 1 -1.4: -.POW, if' i [4144.Y.RG': .1I e0,41./43144�. Yaif PCII'S 4121. Initials: Initials: SBA Site Name: Extension Cord SBA Site ID: CO10470-A SBA SBA Site ID: C010470 -A-07 Extension Cord Site Name: 1-70 & Castle Valley Blvd LETTER OF AUTHORIZATION 5900 Broken Sound Parkway NW Boca Raton, FL 33487-2797 APPLICATION FOR ZONING/LAND USE ENTITLEMENTS T + 561.995.7670 F + 561.995.7626 Property Address: 105 % East Alkalai Creek Rd., New Castle, CO 81647 Assessor's Parcel Number: 2123-314-00-016 Garfield County — Amendment to SRU Permit — AT&T Wireless Collocation (Existing SBA) 1-70 & Castle Valley Blvd sbasite.com I/We, the owner(s) of the above described property, authorize New Cingular Wireless, doing business as AT&T Mobility, whose address is 188 Inverness Drive West, #400, Englewood, CO 80112, its employees, representatives, agents, and/or consultants, specifically Justin Hadley, to act as an agent on my/our behalf for the sole purpose of consummating any and ali building and land -use permit applications, or any other entitlements necessary for th,P✓ purpose of constructing and operating a wireless telecommunications facility. I/We understand that any application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits, and at all times thereafter. 1/We further understand that signing of this authorization in no way creates an obligation of any kind. OWNER(S): BURNING MOUNTAIN LAND & CATTLE COMPANY, LLC ss -e-1 k t Gt, l `Zt— Print Name Title Pv.--c-r-sccr Signature Date: 3. 3 - Print Name Title Signature Date: State of Colorado County ofdiarn t Id On this, the 3' day of Notary Public, personally appeared ) SS. , 2014 before me, axidca ,� " Ou t 4 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Witness my hand and official seal: MARTHA A SMITH Notary Public State of Colorado Notary ID 19944014170 y Commisslon Expires Sep 17, 2014 Notary ublic My commission expires: 9/'T - ad f ! 56A- COI O ctio^ 4-04- 11� 41- Garfreld County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Burning Mountain Land & Cattle Company, LLC , a Colorado limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Burning Mountain Land & Cattle Company, LLC and is formed under the laws of Colorado The mailing address for the Entity is 5175 CoRd 335 #401, New Castle, CO 81647 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Russell L. Talbott Title: The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this Sign ure: day of Name (printed): ' o.0.6�t— Title (if any): .,.41.-e4r— STATE OF lo/QYodO ) )SS. COUNTY OF 6airt4e3121 ) The foregoing instrument was acknowledged before me this day of a 04,Qni7 , 20 by UL4.4LFJZJ .4, . 2q , on behalf of Witness my hand and official seal. My commission expires: 9./4? • a/e/ (Date) [SE, 1 MARTHA A SMITH Notary Public State of Colorado Notary ID 19944014170 My commission Expires Sep 17, 2014 SBA Site ID: CO10470-A-07 / Extension Cord Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Owner/Applicant Name: Burning Mountain Land & Cattle LLC/SBA Towers II LLC phone: ('170 ) 184 . z94.,5 • Administrative Review ❑ Development in 100 -Year Floodplain Representative (Authorization Required) Name: Justin Hadley on behalf of AT&T & SBA Towers Phone: ( 801 ) 592-1247 • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review ❑ Code Text Amendment Legal Description: Section: 31 Township: 5 Range: 90 S2S2. Also a TR Cont .54 AC. Except 8 Amendments to an Approved LUCP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment ❑ LIR • MIR • SUP • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment ❑ Major ❑ Minor 0 Accommodation Pursuant to Fair Housing Act ■ Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Burning Mountain Land & Cattle LLC/SBA Towers II LLC phone: ('170 ) 184 . z94.,5 Mailing Address: 5175 CoRd 335 #401 City: New Castle State: CO Zip Code: 81647 E-mail: SBA - smulvaney@sbasite.com ��s) ru e.tl C- coep ree rapt-.' cc -re -- Representative (Authorization Required) Name: Justin Hadley on behalf of AT&T & SBA Towers Phone: ( 801 ) 592-1247 Mailing Address: 110 E. 1750 N. City: Orem State: UT Zip Code: 84057 E-mail: justin.hadley@smartlinkllc.com PROJECT NAME AND LOCATION Project Name: AT&T - 1-70 & Castle Valley Blvd - SBA Tower Collocation Assessor's Parcel Number: 2123 - 3314 - 00 - 016 Physical/Street Address: 105 1/2 E Alkalai Creek Rd., New Castle Legal Description: Section: 31 Township: 5 Range: 90 S2S2. Also a TR Cont .54 AC. Except a TR cont. .69 AC. as desc in 1029/27. Zone District: Grazing Land -Agricultural Property Size (acres): 114.45 PROJECT DESCRIPTION Existing Use: Existing too' Lattice Wireless Tower owned by SBA Towers. Proposed Use (From Use Table 3-403): Wireless Facility Collocation Description of Project: AT&T proposes to install some new antennas on the existing tower at approximately 68' height. AT&T is also proposing to install a new 12'x16' equipment shelter within SBA's existing compound, which is being expanded by 200 sqft (10'x20') in order to accommodate AT&T's shelter. SBA has already executed a lease amendment with the property owner to secure this extra space. AT&T will also be installing a new emergency, backup diesel generator within the existing compound. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: have read the statements above and have provided the required attached information which is - correct and accurate to the best of my knowledge. -e ,ttCrK f Ef' 3' �C1l? jr Signature of Property Owner V Date OFFICIAL USE ONLY File Number: _ - _ _ _ _ Fee Paid: $ Prepared by: Kevin Wellman After recording return to: SBA Towers II LLC 5900 Broken Sound Parkway NW Boca Raton, FL 33487 1-800-487-7483 ext. 9253 EASEMENT AGREEMENT 144- THIS EASEMENT AGREEMENT is made and entered into as of the t day of June, 2014, by and between Talbott Enterprises, Inc., a Colorado corporation, having a principal office street address of 5178 County Road 335, New Castle, CO 81647 ("Grantor") and SBA Towers II LLC, a Florida limited liability company, having a principal office street address of 5900 Broken Sound Parkway NW, Boca Raton, FL 33487 ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of a parcel of land located in Section 31, Township 5 South, Range 90 West, Garfield County, Colorado, with Parcel Number 2123-313-00-007, and an abutting parcel of land located in Section 3, Township 6 South, Range 91 West, Garfield County, Colorado, with Parcel Number 2181-032-00-006 (together, "Grantor's Property"), as depicted in the attached "Exhibit A"; WHEREAS, Grantee is the current Lessee of certain property including a Lease Area and an Ingress and Egress Easement (the "Leasehold Property") upon parcels of land adjacent to Grantor's Property, which Leasehold Property is described in the attached "Exhibit B", pursuant to that certain Lease dated September 15, 2000, between Burning Mountain Land & Cattle Company, L.L.C., a Colorado limited liability company, as Lessor, and NTCH-Colorado, Inc., a Colorado corporation, as Lessee, a Memorandum of which, dated January 19, 2001, was recorded June 27, 2001, in Book 1264, at page 405; as assigned to and assumed by Grantee hereunder by that certain Assignment and Assumption Agreement dated December 26, 2007, recorded April 4, 2008, as Reception #746012; and as amended by that certain Amendment to Lease and Memorandum of Lease dated December 12, 2013, recorded February 7, 2014 as Reception #846095, all of the Public Records of Garfield County, Colorado (together, the "Lease"); and WHEREAS, Grantor desires to convey to Grantee, and Grantee desires to accept, a non-exclusive easement for ingress and egress on the existing road through Grantor's property from the Leasehold Property to Alkali Creek Road, for the benefit of the Leasehold Property; NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, bargains, sells and conveys unto Grantee a non-exclusive easement for ingress and egress, both vehicular and pedestrian, along, upon, over, across and through that portion of the Ingress and Egress Easement as described in Exhibit B which is contained within, and is a portion of, Grantor's Property. Site Name: Extension Cord Site Number: C010470 -A The term of this easement shall be concurrent with the term of the Lease, as it may be extended according to the terms of the Lease and any amendment to the Lease. Grantee may assign or transfer this easement without Grantor's consent. And Grantee may terminate this easement at any time with written notice to Grantor. TO HAVE AND TO HOLD the said easement and the hereditaments, appurtenances, estate, title and interest thereto belonging unto Grantee, its agents, employees, contractors, tenants, licensees, successors and assigns, and each of their privies in contract or estate. Grantor hereby covenants with Grantee, its successors and assigns, that Grantor is lawfully seized in fee simple of Grantor's Property and has full power, authority and right to convey the easement herein granted; that Grantor's Property and the easement herein granted are free from all encumbrances, except for real estate taxes for the current year; and that Grantor will forever warrant and defend the easement herein granted, and the title thereto, against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have executed this instrument as of the date first written above. WITNESSES Site Name: Extension Cord Site Number: C010470 -A GRANTOR Talbott Enterprises, Inc., a Colorado corporation By: Print name: Its: V c7:7 [ACKNOWLEDGMENT APPEARS ON NEXT PAGE] STATE OF COLORADO } COUNTY OF GARFIELD } I, the undersigned, a Notary Public for the state and county aforesaid, do hereby certify that p.0 se,I ( (�`-T i rsO+t personally came before me this day and acknowledged that he is v16Q, t s1 deirrf of Talbott Enterprises, Inc., a Colorado corporation, and acknowledged, on behalf of said company, the due execution of the foregoing instrument. WITNESS MY HAND and official seal in the state and county last aforesaid the l ay offer, 2014. Notar Public reiter;11 oleo 41a m c( -in Print name lodewehiremebaismikmaimee MARTHA A SMITH Notary Public State of Colorado Notary ID 19944014170 My Commission Expires Se 17, 2014 My commission expires on (J 19 ' Devi. WITNESSES GRANTOR rint name: eceih CUP ( Print name: bw Site Name: Extension Cord Site Number: 0010470-A SBA Towers II LLC, a Florida limited liability company By: Thomas P. Hunt Executive Vice President and General Counsel [ACKNOWLEDGMENT APPEARS ON NEXT PAGE] STATE OF FLORIDA )SS. COUNTY OF PALM BEACH HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Thomas P. Hunt, Executive Vice President and General Counsel of SBA Towers 11 LLC, a Florida limited liability company, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same in the capacity aforestated. WITNESS myhand and official seal in the Countyand State last aforesaid the Ida � 'day of June, 2014. DESIREE FLEMING MY COMMISSION #FF0.12753 EXPIRES August 5. 2017 Flotidallolary5e Nice.com Site Name: Extension Cord Site Number: C010470 -A Sign Name: Print Name Le, Notary Public EXHIBIT A co E j 1 1 1 E c@� Sp Site Name: Extension Cord Site Number: CO10470-A EXHIBIT B LEASE AREA DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER (S SSEV4) OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 90 WEST OFTHE 6TH PRINCIPLE MERIDIAN IN GARFIELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER COMER OF SAID SECTION 31, WHENCE THE NORTHWEST COMER OF SECTION 3, TSS, R9OW, 6TH PM BEARS SOUTH 89 DEGREES 17 MINUTES 03 SECONDS WEST, A DISTANCE OF 1825.75 FEET FOR A BASIS OF BEARINGS, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 27 DEGREES 20 MINUTES 04 SECONDS EAST, A DISTANCE OF 458.07 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14 DEGREES 36 MINUTES 53 SECONDS WEST, A DISTANCE OF 61.30 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 47 SECONDS EAST, A DISTANCE OF 60.27 FEET; THENCE SOUTH 06 DEGREES 41 MINUTES 44 SECONDS EAST, A DISTANCE OF 49.60 FEET; THENCE SOUTH 79 DEGREES 56 MINUTES 57 SECONDS WEST, A DISTANCE OF 51.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING AN AREA OF 0.070 ACRES, AS DESCRIBED. Site Name: Extension Cord Site Number: CO10470-A EXHIBIT B continued 20' WIDE NON EXCLUSIVE ACCESS AND UTILITY EASEMENT (AS SURVEYED) A 20 FOOT WIDE NON EXCLUSIVE ACCESS AND UTILITY EASEMENT BEING A PART OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND PART OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARVIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS; BEARINGS ARE BASED UPONA LINE BETWEEN THE SOUTH QUARTER CORNER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., A FOUND 3" ALUMINUM CAP STAMPED P.L.S. #6503, AND THE NORTH QUARTER CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., A FOUND 3" ALUMINUM CAP STAMPED "COUNTY SURVEYOR", SAID LINE BEARING SOUTH 88°59'54" WEST A DISTANCE OF 1892.75 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 63°41'14" WEST, A DISTANCE OF 2204.77 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING ONE HUNDERED SEVENTY EIGHT (178) COURSES: 1. NORTH 71°32'45" WEST 20.00 FEET 2, NORTH 19°25'47" EAST 48.94 FEET 3. NORTH 06004109" EAST 49.26 FEET 4. NORTH 00°48'00" WEST 50.45 FEET 5. NORTH 10°22'40" EAST 139.74 FEET 6. NORTH 02°27'01" WEST 46.53 FEET 7. NORTH 40°47'32" WEST 104.30 FEET 8. NORTH 56°04'48" WEST 49.75 FEET 9. NORTH 48°32'22" WEST 353.31 FEET 10. NORTH 38°22'14" WEST 53.77 FEET 11. NORTH 23°08'41" WEST 53.46 FEET 12. NORTH 12°18'15" WEST 53.05 FEET 13. NORTH 01°41'42" WEST 50,28 FEET 14. NORTH 15°41'07" WEST 51.01 FEET 15. NORTH 02°21'56" EAST 54.45 FEET 16. NORTH 22°41'44" EAST 52.41 FEET 17. NORTH 28°15'34" EAST 53.43 FEET 18. NORTH 43°30'09" EAST 105.86 FEET 19. NORTH 59°06'43" EAST 55.89 FEET 20. SOUTH 88°16'06" EAST 52.42 FEET 21. SOUTH 79°11'40" EAST 53.20 FEET 22. SOUTH 65°24'02" EAST 51.61 FEET 23. SOUTH 70°06'41" EAST 49.60 FEET 24. SOUTH 81°21'42" EAST 48.27 FEET 25. NORTH 80°57'08" EAST 101.34 FEET 26. NORTH 75°43'28" EAST 99.42 FEET 27. NORTH 65°51'02" EAST 102.59 FEET 28. NORTH 86°20'11" EAST 53.60 FEET 29. SOUTH 78°55'40" EAST 102.98 FEET Site Name: Extension Cord Site Number: C010470 -A 30. SOUTH 31. SOUTH 32. SOUTH 33. SOUTH 34. NORTH 35. NORTH 36, NORTH 37. SOUTH 38. SOUTH 39. SOUTH 40. SOUTH 74°48'28" EAST 69°57'19" EAST 64°24'44" EAST 78°30'29" EAST 82°56'41" EAST 47°22'21" EAST 20°2225" EAST 87°19'05" EAST 42°53'13" EAST 36°44'36" EAST 59°10'48" EAST 41. SOUTH 66°34'36" EAST 42. SOUTH 76°39'37" EAST 43. SOUTH 82°13'19" EAST 44. NORTH 83°25'52" EAST 45. SOUTH 86°56'28" EAST 46. SOUTH 77°28'20" EAST 47. SOUTH 88°07'25" EAST 48. SOUTH 82°42'03"EAST 49. SOUTH 88°51'20" EAST 50. SOUTH 85°25'53" EAST 51. NORTH 81°18'59" EAST 52. NORTH 85°09'40" EAST 53. NORTH 78°13'08" EAST 54. SOUTH 86°35'35" EAST 55. SOUTH 78°21'37" EAST 56. NORTH 76°33'32" EAST 57. NORTH 58. NORTH 59. NORTH 60. NORTH 61. NORTH 62. NORTH 63. NORTH 64. NORTH 65. NORTH 66. NORTH 67. NORTH 68. NORTH 69. NORTH 70. NORTH 71. SOUTH 72. SOUTH 73. SOUTH 74. NORTH 75. SOUTH 76. SOUTH 20°10'56" EAST 14°40'12" WEST 45°28'37" WEST 70°17'10" WEST 75°13'36" WEST 68°54'59" WEST 58°26'40" WEST 28°57'21 "WEST 23°29'33" WEST 31°09'40" WEST 18°16'18" WEST 22°20'23" WEST 01°45'55" WEST 78°48'39" EAST 65°56'27" EAST 60°42'16" EAST 79°30'46" EAST 82°12'17" EAST 65°09'48" EAST 42°39'44" EAST Site Name: Extension Cord Site Number: C010470 -A 102.34 FEET 52.96 FEET 49.60 FEET 48.35 FEET 45.30 FEET 44.78 FEET 54.95 FEET 52.06 FEET 25.85 FEET 48.67 FEET 48.67 FEET 49.67 FEET 50.27 FEET 33.81 FEET 15.64 FEET 52.42 FEET 50.81 FEET 150.72 FEET 51.73 FEET 102.10 FEET 50.70 FEET 49.77 FEET 63.20 FEET 52.40 FEET 52.11 FEET 50.18 FEET 25.31 FEET 11.14 FEET 50.15 FEET 45.83 FEET 47.58 FEET 153.32 FEET 108.44 FEET 53.64 FEET 54.28 FEET 81.99 FEET 52.21 FEET 134.89 FEET 52.99 FEET 40.90 FEET 51.57 FEET 54.58 FEET 49.24 FEET 47.45 FEET 102.86 FEET 48.92 FEET 116.69 FEET EXHIBIT B continued EXHIBIT B continued 77. SOUTH 36°21'31" EAST 51.57 FEET 78. SOUTH 45°52'35" EAST 49.86 FEET 79. SOUTH 50°57'28" EAST 48.99 FEET 80. SOUTH 66°58'01" EAST 47.84 FEET 81. SOUTH 80°28'36" EAST 101.07 FEET 82. SOUTH 75°14'16" EAST 50.37 FEET 83. SOUTH 86°00'31" EAST 48.27 FEET 84. NORTH 80°26'08" EAST 70.54 FEET 85. NORTH 88056102" EAST 100.29 FEET 86. NORTH 80°27'00" EAST 46.63 FEET 87. NORTH 47°37'05" EAST 24.19 FEET 88. NORTH 40°39'17" WEST 2.12 FEET 89. SOUTH 83°16'55" WEST 23.65 FEET 90. NORTH 06°41'44" WEST 20.00 FEET 91. NORTH 83°16'55" EAST 34.30 FEET 92. SOUTH 40°39'17" EAST 32.17 FEET 93. SOUTH 47°37'05" WEST 49.49 FEET 94. SOUTH 80°27'00" WEST 54.01 FEET 95. SOUTH 88°56'02" WEST 100.29 FEET 96. SOUTH 80°26'08" WEST 71.43 FEET 97. NORTH 86°00'31" WEST 52.53 FEET 98. NORTH 75°14'16" WEST 51.34 FEET 99. NORTH 80°28'36" WEST 102.52 FEET 100. NORTH 66°58'01" WEST 53.02 FEET 101. NORTH 50°57'28" WEST 52.69 FEET 102. NORTH 45°52'35" WEST 52.41 FEET 103. NORTH 36°21'31" WEST 52.13 FEET 104. NORTH 42°39'44" WEST 111.61 FEET 105. NORTH 65°09'48" WEST 39.09 FEET 106. SOUTH 82°12'17" WEST 100.23 FEET 107. NORTH 79°30'46" WEST 53.98 FEET 108. NORTH 60°42'16" WEST 51.64 FEET 109. NORTH 65°5627" WEST 47.31 FEET 110. SOUTH 78°48'39" WEST 28.26 FEET 111. SOUTH 01°45'55" EAST 20.32 FEET 112. SOUTH 22°20'23" EAST 50.07 FEET 113. SOUTH 18°16'18" EAST 133.34 FEET 114. SOUTH 31°09'40" EAST 51.29 FEET 115. SOUTH 23°29'33" EAST 82.38 FEET 116. SOUTH 28°57'21" EAST 48.06 FEET 117. SOUTH 58°26'40" EAST 46.54 FEET 118. SOUTH 68°54'59" EAST 105.51 FEET 119. SOUTH 75°13'36" EAST 153.08 FEET 120. SOUTH 70°17'10" EAST 52.84 FEET 121, SOUTH 45°28'37" EAST 55.74 FEET 122, SOUTH 14°40'12" EAST 61.94 FEET 123. SOUTH 20°10'56" WEST 28.14 FEET 124. SOUTH 76°33'32" WEST 40.48 FEET Site Name: Extension Cord Site Number: CO 10470-A 125. NORTH 78°21'37" WEST 126. NORTH 86°35'35" WEST 127. SOUTH 78°13'08" WEST 128. SOUTH85°09'40" WEST 129. SOUTH 81°18'59" WEST 130. NORTH 85°25'53" WEST 131. NORTH 88°5120" WEST 132, NORTH 82°42'03" WEST 133. NORTH 88°0725" WEST 134. NORTH 77 2820 WEST 135. NORTH 86°5628" WEST 136. SOUTH 83°25'52" WEST 137. NORTH 82°13'19" WEST 138. NORTH 76°39'37" WEST 139. NORTH 66°34'36" WEST 140. NORTH 59°10'48" WEST 141. NORTH 36°44'36" WEST 142. NORTH 42°53'13" WEST 143. NORTH 87°19'05" WEST 144. SOUTH 20°22'25" WEST 145. SOUTH 47°2221" WEST 146. SOUTH 82°56'41" WEST 147. NORTH 78°30'29" WEST 148. NORTH 64°24'44" WEST 149. NORTH 69°57'19" WEST 150. NORTH 74°48'28" WEST 151. NORTH 78°55'40" WEST 152. SOUTH 86°20'11" WEST 153. SOUTH 65°51'02" WEST 154. SOUTH 75°43'28" WEST 155. SOUTH 80°57'08" WEST 156. NORTH 81°21'42" WEST 157. NORTH 70°06'41" WEST 158. NORTH 65°24'02" WEST 159. NORTH 79°1140" WEST 160. NORTH 88°16'06" WEST 161. SOUTH 59°06'43" WEST 162. SOUTH 43°30'09" WEST 163. SOUTH 28°15'34" WEST 164. SOUTH 22°41'44" WEST 165. SOUTH 02°21'56" WEST 166.SOUTH 15°41'07" EAST 167. SOUTH 01°41'42" EAST 168. SOUTH 12°18'15" EAST 169. SOUTH 23°08'41" EAST 170. SOUTH 38°22'14" EAST 171. SOUTH 48°32'22" EAST 172. SOUTH 56°04'48" EAST 173. SOUTH 40047'32" EAST 174. SOUTH 02°27'01" EAST 175. SOUTH 10°22'40" WEST 176. SOUTH 00°48'00" EAST 177. SOUTH 06°04'09' WEST 178. SOUTH 19°25'47" WEST TO THE POINT OF BEGINNIN Site Name: Extension Cord Site Number: C010470 -A 53,19 FEET 48.01 FEET 50.94 FEET 63.74 FEET 51.42 FEET 52.42 FEET 102.58 FEET 51.86 FEET 151.64 FEET 51.01 FEET 49.08 FEET 16.48 FEET 37.30 FEET 53.00 FEET 52.73 FEET 53.93 FEET 51.56 FEET 16.61 FEET 29,28 FEET 45.13 FEET 56.00 FEET 54.98 FEET 54.09 FEET 51.10 FEET 51.14 FEET 100.78 FEET 99.68 FEET 47.40 FEET 100.71 FEET 102.06 FEET 105.36 FEET 53.35 FEET 52.39 FEET 50.01 FEET 49.20 FEET 46,98 FEET 47.30 FEET 100.44 FEET 49.78 FEET 47.85 FEET 47.69 FEET 50.29 FEET 50.88 FEET 49.30 FEET 48.89 FEET 49.32 FEET 350.21 FEET 51.12 FEET 113.94 FEET 55.73 FEET 140.03 FEET 49.69 FEET 52.81 FEET 50.94 FEET G. EXHIBIT B continued