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Home My WebLink About1.0 Original Submittal InfoQuestar InfoComm, Inc. P.O. Box 45433 Salt Lake CitY, UT. 84145 Questarlnfocomm April2l. 1998 Mr. Eric D. McCafferty Garheld County Building and Planning 109 8d'Street, Suite 303 Glenwood Springs, Colorado 81601 DearMr. McCafferty Please find the enclosed Right of Way Easement Grant signed by Mr. Clough. I hope that this information will be sufficient so that processing the application for the Special Use Permit may proceed.;C* Joe Greene Communications Engineer t-:}i-:: / I . '',i 1..,., -'- -t,' L::::-.:&;1*.#^e zuGHT OF WAY AND EASEIVIENT GRANT W. F. CLOUGH, of Garfield County, Colorado ("Granto/'), conveys and warrants to QIIESTAR INFOCOIvM COMPAIIY, a Utah corporation ("Grantee"), a 'right of way and easement 30 feet in width for a communication cable and access road and a right of way and easement 40 feet x 40 feet for a microwave site parcel, situated on and across the following lands situated in Garfield County, State of Colorado ("The Lands"); A strip of land, 30 feet in width, and a parcel of land 40 feet x 40 feet, situated in the northwest quarter of Section i8, and'rhe South,.i'est quaiter cf Secticn 7, To''-,'nship 6 South, Rangc 93 West, 6th Principal Meridian, Garfield County, Colorado the boundary and centerline thereof being more particularly described as follows: MICROWA\'E SITE PARCEL commencing at the section corner common to Sections 7 dhd 18, Township 6 South, Range 93 West, 6th Principal Meridia4 Garfield County, Colorado being a found stone monument: thence N. 83o09' 05" E., 1,017 .56 feet to the POINT OF BEGINNING, the southeasterly corner of a Parcel of Land to serve a Microwave Site for Questar InfoComm Company: Thence N. 22"35'11" V/., 40 feet to the northwesterly corner of said parcel; Thence N. 67'24'49" E., 40 feet to the northeasterly corner of said parcel; Thence 5.22'35'11" E., 40 feet to the southeasterly corner of said parcel; Thence S. 67"24'49" W ., 21.18 feet to the junclion with and beginning Station 0+00 on the centeriine for the Buried Cable Right-of-way to be described below; Thence S. 67'24'49" V/., 18.82 feet to a southeasterly corner of said parcel and the POINT OF BEGINNING. RIGHT OF 1VAY FOR BURMD CABLE AND ROAD\YAY commencing at the section coirer colrmon to Sections 7 and i8, Towisirip 5 Souiir, Range 93 West, 6thPrincipalMeridian, Garfield Counry Colorado and Sections 12 and 13, Township 6 South, Range 94 West, 6th Principal Meridian, Garfield County, Colorado being a found stone monument; thence N. 82"52'08" E., 1035.69 feet to the point of beginning, a point on the southerly boundary of the Parcel of Land described above, Station 0+00 on the centeriine for the Right-of-way for a Buried Cable; Thence S. 17"53'44" E.,25.81 feet; Thence S. 7 5'53'44" W ., 62.25 feet; Thence N. 84"59'54" 'W'., 1 14. l0 feet; Thence N. 70"22'08" W., 51.09 feet; Thence N. 45o24'21 "'W'., 338.49 feet; Thence N. 87"23'55" !V., 131.31 feet, Thence S. 21o45'03' W., 222.77 feet; Thence S. 3 1"18'41 " W., 234.94 feet, Thence S. 25"03'17" W.,55.1 I Feet; Thence S. 16"20,57" W., 143.80 feet to Station 13+79.67, S. 36o09'l l" E., 292.37 feet from the said section corner common to Sections 7 , 18, 12 and 13 ' The total area of the Microwave Site Parcel of Land for Questar lnfoComm Company across W.F. Cloughlands, as described above, is 1,600 squale feet or 0.04 acres, more.or less' The total lenglh of tire night-of-way for the Buried Cable and roadway for Questar InfoComm Company across W'F' Clough lands, as described above, is 1379.61 feet or 83 .62 rods or 0'26 miles, more or less' This Right of way and easement is granted in consideration of TEI'{ and Noi 100 DOLLARS ($10'00) and other good and valuable consideration, receipt of which is acknowledged, and shall perrrit Crantee to construct operate and maintain a roadway, buried cable and microwave site, (collectively, the "Facilities") Through and across the lands' Grantee shall be entitled to have and to hold this right of way and easement for so long as the Facilities shall be maintained, with the right of ingress to, egress from and access on and along the right of way to construct, maintain, operat;, repair, L,pt"t, protest, remove and replace the Facilities' This right of way and easement shall carry *ith it tirl Aght to use existing roads for the purpose of conducting the foregoing activities. Grantee may aiso temporarily use such portion of Grantor's properry along and adjacent to the right of way as may be reasonably necessary tin connection with constructioq maintenance, repair, removal or replacement of the Facilities. Gra-ntor shall have the right to use the Lands, excepr for the purpose for which_this right of way and easement is granted to Grantee, provided such use does not interfere with the Facilities or any other rights granted to Grantee under this Right-of-Way and Easement Grant ("Grant")' Grantor shall not build or construct nor in any way permit to be built or constructed any building or other improvement over or across the right oi *uy, nor change its contour without written consent of Grantee' Grantee will use such methods of weed control on the easement for five (5) years aS are reasonably necessary to control the growth of thistle and other noxious weeds. Grantee agrees to pay damages that may arise to crops or fences caused by the exercise of its rights under this Grant. Siould Jny .r*.rolved dispute arise as to such damages, it shall, at the written request of either party, be arbitrated and determined by disinterested arbitrators, one to be appointed by Grantor and one by Grantee within 20 days aftei such lequest. If the two so chosen are unable to agree within 90 days after appointment, tiren they shall, within 30 days after written request by either the Grantor o, ih" Grantee, select a third arbitrator. If the fwo arbitrators cannot agree on a third arbitrator, either Grantor or Grantee may seed appointment of a third arbitrator by a federal district judge of the district in which the Lands lie. The decision of any two of the arbitrators so appointed shall be final. This Grant shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of tft. Grantee and may be assigned in whoie or in part by Grantee' This fught-of-way and Easement Grant represenl the entire agreement between the REOF, the Grantor has executed this Easement Crant this , 1998 GRANTOR STATE OF Cotorad.o ) )SS: partles..r COLINTY OF Garf ietd ) On this I day of npri I , 1998, personally appeared before me lJ E clough , the signer of the foregoing instrument, who duly acknowledged to me executed the same. My Commission Expires: 5:-30 -2000 Notary Public Residing at: o GA Bui, RFIELD COUIYTY lding ond Planning DePartment June 9, 1998 ,l_1, Questar InfoComm,Inc. P.O. Box 45433 Salt Lake city, uT 84145 RE: Special Use Permit APPlication Gentlemen: your request for a Special Use Permit, as identified on the enclosed public notice form, has been schedulei for a public hearing before the Garfield County Board of Commissioners at their July 13, 1998, session. Th. hearing will be conducted at 11:00 a.m., in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time ofthe hearing. A copy of the enclosed public notice and all attachments must be submitted to a newspaper of g.n.iut circulation, for publication one time, at least 15 days prior to the hearing. You must also contact the newspaper directly regarding obtaining the proof of publication and billing. In addition, copies of the p"Utl" notice form and all attachments must be mailed, by certified return-receipt, to af adjacent property owners at least 15 days prior to the hearing. The proof of publication from the newspaper of g"rr".at circulation and the certified mailing receipts from the mailings must be suUmittia by the applicant at, or prior to, the public hearing. I have entered the Legal Description of the property, u, it *", prol,r1d"d within the application. Please verifr the accuracy of all enclosures and if you discover any erors, contact this office immediately' If you have fi.gther questions or concems regarding the hearings or public notice requirements, please contact this office. enclosures Building & Planning DePartment 109 8th Street, Suite303 94SA2r2n85.1972 Glenwood Spring, Colorado t1601 35455 Parcel, Cable LEGAL DESCzuPTION OF PARCEL OF LAND, RIGHT OF WAY FOR A BURIED CABLE ACROSS W.F. CLOUGH FOR QUESTAR INFOCOMM COMPANY ROCK SPRTNGS, WYOMING AUGUST, I997 Discount AvailablePREMTAPP03/17/98 c9849024 400.00 0.00 400.00 0Is 0 rQo tJ \o 6 o 5l HI EIr!! RECEIPT^ Dote Received F wly N" 9335 Vendor Name GARFIELD COLTNTY PLANNING DEPARTMENT Thence S.25o03'12"W., 55'1I feet; Thence s.16020'57"w.,'143.g0 feetto Station l3+7g.67, 5.36"09'l 1"8.,292.37 feet from the said section corner common to Sections 7,18,12, and 13' The total area of the Microwave Site Parcel of Land for Questar Infocomm company across w.F' Clough lands, as described above, is 1,600 square feet or 0.04 acres, more or less. The total length of the Righi-of-way for the Buried cable for Questar Infocomm company across w.F. clough lands, as delcribed above, is 1,379.67 feet or 83.62 rods or 0.26 miles, more or less. The above description was prepared under the supervision of Clement R. Williams, Colorado Professional Land Surveyor No. 26977 , frimthe results of a survey and plat, Questar Regulated Services Company's Drawing No. 35455, dated December 8, 1997. All bearings reported herein are referred to a straight line from the section comer common to Sections 7 and 18, fowns-frip 6 South, Ylg" 93 West' 6th Principal Meridian, Garfield County, Colorado, and Sections 12 and 13, Township 6 South, Range 94 West, 6th principal Meridian, Garfreid County, Colorado being a found stone monument, as S'20"34'24"8''254'64 feet. krh / The following is a list of Property owners adjacent to the proposed location: 1. White River Electric PO Box 958 Meeker, Colorado 81641 Questar Pipeline 0613 County Road 264 Rifle, Colorado 81650 Bill Clough (see note below) PO Box 686 fufle, Colorado 81650 2. NOTE: Bill Clouglr is the present owner of the proposed property' . We are presently negotiating with him for a Right - Of - Way agreement. ffris prJcess is compiete with exception of final approval and signature. Mr. Clough wii UJin the RiIle Area the first week of April' We hope to finalize the agreement at that time. 3. Rrrle ?,*= PnorEcrtoN oQrnlcr July 30, 1998 Questar InfoConrn, Inc. Post, Office Box 45433 SaIt Lake CitY, Utah 84L45-0433 Att,ention: Joe Greene Reference: communications site Rifle, colorado Mr. Greene r .-,"ine niire Fire prot,ection" Disgrict, has recentiy r.'rri.*Ea"yil; site plan .to consEruct a cofilmunications siEe West of Rif1e on-Coi,nty Road 264. It is the District's ""6"r"E.;ai"t iiiai-irre'+o foor by.a0 fgor sir.e will consist of an ga-'* L2, communicalions building, -a 8'-x 8' qenerator nuildirrg,-a 40;' antenna tower and a-500 ga11on ;;;;;-E.if-to= {enerator operation' rt is also the SiIEiiEt;r--""a.isia"oi"g tnal these structures will ;;;;;;iiy-',ot-iE-;;;;rid bt vour starr rn revre*'6I ;[i;-pi;n trre Disr,ricg. would make Ehe 1. The 5Oo gallon liguid propane -gas (LPG) tank is to be a minimum of LO feet fiom any st'ruct'ures 2 - The LPG Eank' is tro be ,a minimum if 10 feet from the property Iine 3. An area of L0 feet- around the LPG is to be cleared and miintained of all combustible materi-als ' 4. The District would. recommend that sit,e maint'enance be performed on'i-r"g-"Iar OisiJ-to assist in micigation of wild fire concerns. Thankyouinadvancefor.yourcooperationandfeelfree to conr;ci- me-if I can b?: of furLher assistance ' TelePhone (970) 625-1243' Fax 1850 Railroad Avenue ' P.O. Box 1133 (s70) 625-2963. Rifle, Colorado 81650 Sincerely, Mike MorgDistrict Chief z.o -{mtn(rN)r.. -{ c) c)ornoa.z=rrlm=NIC>2.ft-lHooc)C:o>zlQtr'->co1- Z. ooZ-@zc.CoC)-\r- xcoQ @---xzxco6)5\ *_ xa % %4\ "*^ 'a)7u %% otroT >mu-az --r6Xm>ts<o ex6Z .oY "% F ED E RarOoivtMUNICATIoNs coNlttISSIoN PRIVATE OPERATIONAL FIXED MICROWAVE RADIO STATION LICENSE LICENSEE OUESTAR INFOCOMM INC ATTN: JON HOWARO MS OSOOl PO 80x 45433 SALT LAKE CITY UT 84145 ASSOCIATEO BROAOCAST STATION FILE NUMEER 741426 CALL SIGN wP0P7 1 6 RAOIO SERVICE I.Iw INOUSTRIAL/EUSINESS STATION CLASS F IXED EFFECTIVE DATE oa/04/ 19sB CONSTRUCTION OATE 02/04/2ooo EXPIRATION OATE oB/04/2oo9 RIFLE ANTENNA PAINTIFIG FCC FoRM 71s/7154 EAI,I- HTxllD IOTH ( FT ) OEG ) 1.7 POL A ( Hl SPCCTNU CONDITIONS OF GRA}IT: NONE SI TffiffiITTER-TREET RIFLE YARO 2. I MI U ::.qT!TUOE 39-32-O1.o 39-25-39. O LOt.:GITUOE 107-49-22.O 107 -22-53 .O OATTJM N27 N27 SITE NO ool oo2 N N w t/ FREQUENCY TOLERAN'LI(i{Hz) (%) OR CHATflEL 006843.750000 0.oo500 INFOR,MATION EMISSION DESIGNATOR 2M5007W ET ( oBM) 64 .9 ES ITY I ELO .EVAIION TIP HEIGHT ( FT) ( FT) s42o 30 :CEIVER SITE ONCY PATHS PATH ooo 1 NO 1 EMI T S ITE NO ool HGT (FT ) 25 Pago: c0 LIGHTING )EG) SITE NO )7. 1 002 E IVER CALL SIGN wP0P7 I 5 FCC 469 SEPTEMBER 1 994 \ryM tt- m4Effi rul ltlL,1,,/i'/%N/21A t' ) Y*-*,/Il-- \ \ )-.-- \\5r{+--7 ^(' lF._ l/fi l, .,._/-,W -u"/'ft t( /th ::r' /-a;< / -. ---1; _\-f:7 {. '> v-D7--',fu\t --)//ri=N, ( /.4/:;:1q1= \