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HomeMy WebLinkAboutCity Council Agenda Packet 10/13/20146:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 13, 2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF September 22, 2014 PROCLAMATIONS AND CEREMONIES Citizen award to Mikayla Brown CITIZENS' RIGHT TO SPEAK a . Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items , please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard . APPROVAL OF AGENDA ~ CONSENT AGENDA a. Resolution 53-2014-amending the Fiscal Year 2014 Police Investigation Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $8,800 for the purposes of purchasing Document Management Software b. Motion to approve payment to ESRIInc. in the amount of $38 ,000 for the Annual License Renewal for the Graphical Information Systems (GIS) CITY COUNCIL AGENDA: October 13,2014 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECONG READING £. Council Bill12-2014-Approving the rezoning of property located at 4360 Gray Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-14-07/Germano) ~ Council Bill13-2014-adopting by reference the 2012 Editions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code and the International Fuel Gas Code; the 2014 Edition of the National Electrical Code; and the 2015 National Fire Protection Association 99 Standard for Health Care Facilities; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly 4. Resolution No . 54-2014-establishing a Street Width for Tabor Street from 49th Ave. to Ridge Road ORDINANCES ON FIRST READING 5. Council Bill No . 14-2014-imposing a Temporary Moratorium of the submission, acceptance , processing and approval of applications and requests for a Permit, License, Land Use approval or other approval for any Medical Marijuana Establishment or Retail Marijuana Establishment DECISIONS, RESOLUTIONS AND MOTIONS 6. Motion to accept Kipling Street Right-of-Way and Temporary Construction Easements from adjacent Property Owners along Project Segment 7. Motion to accept Kipling Street and 49th Avenue Right-of-Way along Natural Grocers Frontage CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 22. 2014 CALL TO ORDER Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALLOFMEMBERS Jerry DiTullio Tim Fitzgerald Bud Starker George Pond Absent: Tracy Langworthy Zachary Urban Genevieve Wooden Kristi Davis Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Community Development Director, Ken Johnstone; other staff and interested citizens . APPROVAL OF MINUTES OF September 8, 2014 Councilmember Starker made note of a correction on Agenda Item 3, Council Bill 09- 2014 . The direction to have staff work with Denver Water regarding their requirement of a concrete cover for the water easement was a separate motion he made and it was seconded by Mr. DiTullio. Clerk Shaver said she would make that correction . Motion by Councilmember Starker to approve the minutes of September 8, as corrected; seconded by Councilmember DiTullio; carried 6-0-1, with Councilmember Pond abstaining. PROCLAMATIONS AND CEREMONIES Grayson Robinson, a retired sheriff representing CALEA (Commission on Accreditation for Law Enforcement Agencies) was present to recognize the WRPD for its re-accreditation . Accreditation involves regular visits from teams of auditors who monitor for compliance to standards and use of best practices. Less than 1200 law enforcement agencies across Canada and the United States reach this level-a great source of pride and reassurance for the department and the community. City Council Minutes September 22, 2014 Page 2 Chief Brennan presented his accreditation team members for recognition: Jim Lorentz, Dave Pickett, and Mark Cooney. There are over 17,000 law enforcement agencies in the US alone (not counting Canada, Mexico, and Barbados}. This achievement matches up with the Police Department's vision-"Exceptional people providing exceptional service" --and demonstrates its commitment to professional excellence for the community. CITIZENS' RIGHT TO SPEAK Mayor Jay made note of the two meetings tonight-the regular City Council Meeting followed by a Special Study Session on marijuana. She said public comment on marijuana would be limited to the Study Session only. Motion by DiTullio that any public comment concerning marijuana not be allowed during this regular business meeting since timed public comment will be allowed at the study session following this meeting tonight; seconded by Councilmember Fitzgerald; carried 7-0. Nancy Snow (WR} announced that Wheat Ridge United Neighborhoods will be hosting an Election Forum on Thursday, October gth here at City Hall at 7pm. It will include candidates for CD?, SO 20, HD 24, and the various County offices. There will also be speakers for and against the two Wheat Ridge ballot issues. The public is welcome to attend. It will be cast live on Channel 8 and replayed numerous times before the election. Jim Stevenson (WR}, local sight-impaired artist and author, spoke on behalf of the American Council for the Blind and Visually Impaired. He talked about serious vision diseases in seniors. He invited all to join with them for an upcoming fund raising event called "Raisin' Cane" that will raise money for aid to seniors. It is a 7 block mini-walk held downtown. Everyone who makes the walk does it blindfolded with a sighted guide. It is Wednesday, October Oct 15, at 5:00pm, starting at the steps of the State Capitol. Mark Eskow, business owner on 38th Avenue, expressed his support for 2B. He noted all the support for community events on 38th Avenue. He reported that data from the Wheat Ridge Fire Dept. indicates that response times are 37 seconds faster since the road diet. He said Lutheran Hospital also supports 2B. John Clark (WR) spoke about revenue as it relates to 2A and 2B. He noted that one year's worth of pot tax in Wheat Ridge could pay for the 2B project in 103 years, or it could pay 11.8 days of interest on the $40 million worth of bonds in 2A. He doesn't think we are ready to sacrifice our children to pay 12 days of interest on a loan. City Council Minutes September 22 , 2014 Page 3 Patty Lazzari (WR) asked that the triangular right-of-way signs on the greenbelt be returned. It is becoming dangerous as exuberant bicyclists almost run over children and families and fail to call out their presence . It presents a safety hazard for walkers. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution 52-2014-Approving a 13-Lot Subdivision Plat with a Right-of-Way dedication for property zoned Residential-One (R -1) at 3301 and 3345 Quail Street (Case No. WS-14-02/Quail Hollow) Councilmember Pond introduced Item 1. Mayor Jay opened the public hearing and swore in the speakers. Staff Report Meredith Reckert , Senior Planner, gave the staff report. She entered into the record the zoning ordinance , the case file and packet material, and the contents of the digital presentation. She reported that all noticing and posting requirements have been met. • The 7 .8 acres is vacant land in the Lena Gulch area . There is no existing street frontage , but right-of-way can be dedicated . • 33rd Avenue will extend east from Quail Street, and Quail Court will extend northward from 33rd Avenue. They will be full streets with curb , gutter and attached sidewalk . • There will be 13 lots for 12 new home sites. • Drainage will be in a pipe in the eastern part of the subdivision and through a natural channel that extends to Lena Gulch providing an amenity. There is no encroachment into the 100 year flood plain and all lots meet or exceed R-1 size . • The Planning Commission heard this case and made three recommendations. • All agencies can serve the property with improvements provided by the developer. • The Parks Department recommends fees in lieu of land dedication in the amount of $32 ,000+. • Public Works has reviewed and approved the plat and drainage report . • Staff recommends approval with the added recommendations from the Planning Commission . Applicant Bill Lyons (Greenwood Village), the developer, announced the development of Quail Hollow, for seniors, with tile roofs and 3 and 4 car garages . The home sizes will range from 16 ,500 sf down to 13 ,642 sf for the smallest. City Council Minutes September 22 , 2014 Page4 Public Comment Arther Gibbard 0JVR), who lives nearby, reported the vote was 4-3 at Planning Commission. He has concerns about the 6 feet of fill dirt that is being brought in. The property close to him will be higher than his property and gets no answers about where the water will go? Linda Gibbard 0/VR) doesn't support this development because it is a home to so much wild life. It will affect the quality of life for the surrounding neighborhood. The run-off from all the concrete will cause problems. She noted that school events put lots of cars in the neighborhood --sometimes 300 cars. They don't need more traffic. Holly Heaton 0JVR) asked if the homes will be custom , semi-custom or tract homes. Mr. Lyons reported the houses will be $900,000 w/ full basements . The average amount of fill dirt is 3 feet. He said the drainage system for this project will make drainage nearby better. Council questions Mark Westberg explained the drainage plan, which will preserve the natural channel. He testified that the Army Corps of Engineers is okay with this plan. Mayor Jay closed the public hearing . Motion by Councilmember Pond to approve Resolution No. 52-2014 , a resolution approving a 13-lot subdivision plat with a right-of-way dedication for property zoned Residential-One (R-1) at 3301 and 3345 Quail Street (Case No. WS-14-02/Quail Hollow), for the following reasons: 1. City Council has conducted a proper public hearing , which met all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws . 2 . The requested subdivision has been reviewed by the Planning Commission , and their recommendation was forwarded for approval. 3. The subdivision plat is in compliance with the R-1 Zone district standards and Article IV of Chapter 26 of the Code of Laws With the following conditions: 1. A Subdivision Improvement Agreement is executed whereby all public improvements are in place prior to issuance of building permits for individual lots . 2. The developer pays parks fees at the time of plat recording in the amount of $32 ,464.77 . 3. The Homeowners' Association covenants are reviewed and approved by staff. Motion seconded by Councilmember Fitzgerald ; carried 7-0. City Council Minutes September 22, 2014 Page 5 DECISIONS. RESOLUTIONS AND MOTIONS 2 . Motion to approve payment of the Sales Tax Increment Share Back for August of Fiscal Year 2014 from the Wheat Ridge Urban Renewal Authority Town Center Project in the amount of $37,106 .52 to Renewal Wheat Ridge Councilmember Davis introduced Item 2. The Town Center Urban Renewal Plan was adopted in December, 1981. It has been extended twice and will end December 31 , 2014. The amount of sales tax increment shared back to Urban Renewal has been 100% since September, 2011. Motion by Councilmember Davis to approve payment of the sales tax increment share back for August of fiscal year 2014 from the Town Center Project in the amount of $37,106 .52 to Renewal Wheat Ridge; seconded by Councilmember DiTullio ; carried 7-0 CITY MANAGER'S MATTERS none CITY ATTORNEY'S MATTERS none ELECTED OFFICIALS' MATTERS none ADJOURNMENT to STUDY SESSION The Regular City Council Meeting adjourned at 8:00 p.m . Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON October __ , 2014 Kristi Davis, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert 's Rules of Order, i.e . they contain a record of what was done at the meeting , not what was said by the members. Recordings and DVD 's of the meetings are available for listening or viewing in the City Clerk 's Office, as well as copies of Ordinances and Resolutions . \I.~ ... ~ . ., City of • _rWheatRi_dge ITEM NO:~· DATE: October 13,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 53-2014 A RESOLUTION AMENDING THE FISCAL YEAR 2014 POLICE INVESTIGATION FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,800 FOR THE PURPOSES OF PURCHASING DOCUMENT MANAGEMENT SOFTWARE 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES The Police Seizure Fund Committee has approved the purchase ofPowerDMS Suite record management software for the Police Department. A supplemental budget appropriation in the amount of $8,800 from the Police Investigation Fund undesignated reserves is required to complete this purchase. PRIOR ACTION: The Police Seizure Fund Committee, which consists of the Police Chief, the 1st Judicial District Attorney's Office and Councilman DiTullio, has approved the current request to purchase the PowerDMS Suite record management software. FINANCIAL IMPACT: There is no financial impact to the General Fund. There are adequate reserves in the Police Investigation Fund to fund this purchase. The purchase of this software at this time will save the City in excess of $12,000 over the next four years as a result of price increases to be implemented by the vendor. CAF-Supplemental Budget Appropriation for Police Investigations Fund October 13 , 2014 Page2 BACKGROUND: The Police Investigation Fund, also known as the Seizure Fund, consists of money that is forfeited by felony defendants through a civil hearing process. The Police Department receives state forfeiture funds through cases that it presents to the District Court. Also received are federal forfeiture funds , which are disbursed through the West Metro Drug Task Force, and are primarily made up of drug money seizures that the Task Force receives with the assistance of a federal agency. These funds , whether from state or federal sources, can only be used for law enforcement purposes. Historically, the Police Department will budget for the use of $25 ,000 to $30,000 of Police Investigation Fund money per year to fund equipment and technology upgrades , as well as training and special project operating costs. Only $6 ,500 was allocated for use in 2014. In February 2014 , a disbursement from the West Metro Drug Task Force to the Wheat Ridge Police Department was made in the amount of$74,700, bringing the total amount of revenues available in the Police Investigation Fund to $115 ,809 . This disbursement allows the department to consider an additional project for funding in 2014. This project includes the purchase of the remaining PowerDMS Suite software modules of Policy, Training, Tests and Surveys to further utilize financial resources fairly, efficiently and effectively to ensure quality core public safety services RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget appropriation. RECOMMENDED MOTION: "I move to approve Resolution No. 53-2014, a resolution amending the fiscal year 2014 Police Investigation Fund budget to reflect the approval of a supplemental budget appropriation in the amount of$8,800 for the purposes of purchasing document management software." Or, "I move to deny Resolution No . 53-2014, a resolution amending the fiscal year 2014 Police Investigation Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $8 ,800 for the purposes of purchasing document management software, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joseph Cassa, Division Chief Daniel G. Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No . 53-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 53-2014 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 POLICE INVESTIGATIONS FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,800 FOR THE USE OF PURPOSES OF PURCHASING DOCUMENT MANAGEMENT SOFTWARE. WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, the Police Department Investigation Fund receives money from both state and federal civil forfeiture processes; and WHEREAS, forfeited money, by state and federal statute, can only be used for specific law enforcement purposes; and WHEREAS, historically, the Police Department has budgeted approximately $25,000 per year in the Police Investigation Fund, and the 2014 budgeted amount is only $6,500; and in WHEREAS, the Investigation Fund currently has $99,860.50 in available funds; and WHEREAS, the Police Department has identified a project to purchase the remaining PowerDMS Suite software to provide the Policy, Training, Test and Survey modules at the cost of $8,800; and WHEREAS, the Seizure Fund Committee has approved this Police Investigation Fund expenditure, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE CITY OF WHEAT RIDGE FISCAL YEAR 2014 BUDGET POLICE INVESTIGATION FUND IS AMENDED ACCORDINGLY, specifically transferring a total of $8,800.00 from Police Investigation Fund undesignated reserves to the Account Number, 17-202-800-806. DONE AND RESOLVED this 13th day of October 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 • .I 4 .... ~ W" City of ?Whe atR.i9ge ITEM NO:~ DATE : October 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO ESRI INC. IN THE AMOUNT OF $38,000 FOR THE ANNUAL LICENSE RENEWAL FOR THE GRAPHICAL INFORMATION SYSTEMS (GIS) D PUBLIC HEARING C8] BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING D YES The proposed annual renewal oflicensing and support of the City 's Graphical Information Systems (GIS) is necessary to maintain engineering, planning, land and parcel data for the City of Wheat Ridge. The City of Wheat Ridge data is survey quality and allows for accurate planning and development of land. The annual renewal of licensing and support will cost $38 ,000 as approved in the 2014 IT Budget. PRIOR ACTION: Approved by Council in 2011 ,2012 and 2013 . FINANCIAL IMPACT: $38 ,000 approved in the 2014 IT Budget BACKGROUND: The Environmental Systems Research Institute, Inc. (ESRI) is a sole provider of licensing and support of the City 's existing GIS. This proposed renewal is all-inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. CAF-GIS License Renewal October 13, 2014 Page 2 The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep GIS software up to date and provide the proper licenses to utilize the software. This will be advantageous to the City's Information Technology Division allowing for proactive support and maintenance . RECOMMENDATIONS: Staff recommends approval of the renewal of the ESRI agreement and annual payment for the GIS software and licenses and support. RECOMMENDED MOTION: "I move to approve payment to ESRI, Inc. in the amount of$38 ,000 for the annual renewal of the Graphical Information System (GIS). Or, "I move to deny payment to ESRI, Inc. in the amount of$38,000 for the annual renewal of the Graphical Information System (GIS). REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. ESRI Quote # 25652065 Subject: Date: To: Organization: Fax#: From: Fax#: Email: Number of pages transmitted Esri Inc 380 New York Street Redlands CA 92373 Renewal Quotation 09/16/2014 Michael Steinke City of Wheat Ridge IT Dept 303-234-5924 Phone #: 303-235-2824 Nicole Scott 909-307-3083 Phone#: 888-377-4575 Ext. 1232 nscott@esri.com (including this cover sheet): 4 Quotation #25652065 Document Date : 09/16/2014 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services . If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level http://www.esri .com/apps/products/maintenance/qualifying .cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs. Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance. For information about the terms of use for Esri products as well as purchase order terms and conditions, please visit http://www.esri.com/legal/licensing/software-license.html If you have any questions or need additional information, please contact Customer Service at 888-377-4575 option 5. Attachment 1 • es r I• 380 New York Street Redlands . CA 92373 Phone : 888-377-45751232 Fax#: 909-307-3083 Quotation Date: 09/16/2014 Quotation Number: 25652065 Send Purchase Orders To: Environmental Systems Research Institute, Inc. 380 New York Street Redlands , CA 92373-8100 Attn : Nicole Scott City of Wheat Ridge IT Dept Please include the following remittance address on your Purchase Order: 7500 W 29th Ave Environmental Systems Research Institute , Inc. File #54630 Wheat Ridge CO 80033-8001 Attn: Michael Steinke Los Angeles , CA 9007 4-4630 Customer Number: 10602 For questions regarding this document, please contact Customer Service at 888-377-4575 . Item Qty Material# Unit Price Extended Price 10 Per the terms and conditions in your Esri Enterprise License Agreement, your organization is required to provide an annual usage report . This report should detail all deployments made under this agreement for your previous term , and should be provided to Esri as an Excel spreadsheet. The annual usage report must include actual license counts by product , licensee , and location . Please return your report via email to ela_usage_reports@esri.com. Thank you in advance for your prompt attention to this matter. 110036 Populations of 25 ,001 to 50 ,000 Small Government Term Enterprise License Agreement Start Date : 01/01/2015 End Date : 12/31/2015 35 ,000 .00 35 ,000 .00 1010 1 114402 2 ,250 .00 2,250 .00 ArcGIS Data lnteroperability for Desktop and Server Popu lat ions of 25 ,001 to 50 ,000 Small Government Enterprise License Agreement Start Date : 01/01/2015 End Date : 12/31/2015 The items on th is quotation are subject to the terms set forth herein and the terms of your agreement with Esri , if any , or, where app li cable , Esri's standard terms and cond itions at www .esri.com /legal. Any estimated sales and /or use tax has been calcu lated as of the date of this quotation and is merely prov ided as a conven ience for your organ ization's budgetary purposes . Esri reserves the right to adjust and collect sa les and /or use tax at the actual date of invo icing . If your organ ization is ta x exempt or pays state taxes d irectly , then prior to invo icing , your organ izat ion must prov ide Esri w ith a copy of a current tax exempt ion certificate issued by your state 's tax ing authority for the g iven j urisd ict ion . Esri may charge a fee to cover expenses related to any customer requ irement to use a proprietary vendor management , procurement , or invo ice program . Issued By: Nicole Scott Ext: 1232 ISCOTIN) To expedite your order, please reference your customer number and this quotation number on your purchase order. e 380 New York Street es r I• Redlands , CA 92373 Phone : 888-377-45751232 Fax#: 909-307-3083 Date: 09/16/2014 Quotation Number: 25652065 Item Qty Material# 2010 1 115572 Quotation Page 2 Unit Price 750 .00 ArcPad Populations of 25 ,001 to 50,000 Small Government Enterprise License Agreement Start Date: 01/01/2015 End Date: 12/31/2015 DUNS/CEC: 06-313-4175 CAGE: OAMS3 Subtotal Estimated Tax Total Extended Price 750 .00 38,000 .00 0.00 $ 38,000.00 [SCOTINJ • 380 New York Street es r I• Redlands , CA 92373 Phone : 888-377-45751232 Fax#: 909-307-3083 Date: 09/16/2014 Quotation No: 25652065 Item Qty Material# Quotation Page 3 Customer No: 10602 Unit Price Extended Price IF YOU WOULD LIKE TO RECEIVE AN INVOICE FOR THIS MAINTENANCE QUOTE YOU MAY DO ONE OF THE FOLLOWING: • RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE e SIGN BELOW AND FAX TO 909-307-3083 • FAX YOUR PURCHASE ORDER TO 909-307-3083 e EMAIL YOUR PURCHASE ORDER TO Service@esri.com REQUESTS VIA EMAIL OR SIGNED QUOTE INDICATE THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER. If there are any changes required to your quotation , please respond to this email and indicate any changes in your invoice authorization . If you choose to discontinue your support , you will become ineligible for support benefits and services . All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date . This transaction is governed exclusively by the terms of the above-referenced contract, if any, or, where applicable , Esri's standard terms and conditions at www .esri .com/legal ; such terms are incorporated in this quotation by reference . Acceptance is limited to the terms of this quotation . Federal government entities and government prime contractors authorized under FAR 51 .1 may purchase under the terms of Esri's GSA Federal Supply Schedule . Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer or confirmation sent or to be sent by buyer. In order to expedite processing , please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA , SmartBuy , GSA, BPA) on your ordering document. By signing below , you are authorizing Esri to issue a software support invoice in the amount of $ plus sales tax , if applicable . Please check one of the following : __ I agree to pay any applicable sales tax . __ I am tax exempt. Please contact me if Esri does not have my current exempt information on file . Signature of Authorized Representative Date Name (Please Print) Title [SCOTIN[ ~ A .. :· City of r wheat~dge ITEMNO:_L DATE: October 13,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2014 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4360 GRAY STREET FROM NEIGHBORHOOD COMMERCIAL (NC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-14- 07/GERMANO) I:8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (9/8/2014) I:8J ORDINANCES FOR 2ND READING (10/13/2014) I:8J YES The applicant is requesting approval of a zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for property located at 4360 Gray Street. The proposed rezoning area includes one parcel , the total size of which is approximately 0.19 acres. The purpose of the zone change is to expand possible uses for the property including the option of converting the existing structure back to a residential occupancy. At this time, the applicant is not proposing any new development or modifications to the site. If the property is redeveloped in the future under the proposed MU-N zoning, an administrative site plan review would be required to confirm that the proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 4 , 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. There was no public testimony at the public hearing. CA F- Rezo nin g 436 0 Gray Street Octo ber 13, 2014 Page2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of$848 were collected for the review and processing of Case No. WZ-14-07. BACKGROUND: The property is located at 4360 Gray Street in the northeast quadrant of the City, one lot south of W. 44th Avenue. The property is currently zoned Neighborhood Commercial (NC) which allows for various types of office uses and a very limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built as a single-family home in 1948 . Since that time , the building was converted for commercial use. Most recently, the site served as offices for Benetti Bookkeeping and Tax Service. The property retains a residential character inside and in the backyard with a detached alley-loaded garage and a gazebo. The front yard has recently been improved to be more residential in appearance. Surrounding Land Us es The site is currently zoned NC and is surrounded by residential and commercial uses. To the north and northwest along W. 44th Avenue are parcels zoned Restricted Commercial (RC) and Commercial-One (C-1 ). These properties include a clothing store, RadioS hack , carwash and pawnshop. To the south is neighborhood zoned Residential-Three (R3) which includes mostly single-family homes. The property immediately to the west of the subject site is zoned RC , but is used as a single-family home . Current and Proposed Zoning The current and proposed zone districts are very similar as NC and MU-N were both established to provide for neighborhood serving commercial uses. A significant difference , however, is in the treatment of residential uses. In the NC zone district, residential uses are permitted on a very limited basis per section 26-626 of the City code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be con v erted back to a primary residential use under the current NC zoning. Unlike in NC , a new residence is considered a permitted use in the MU-N zone district. The property has been on the market for several months , and most potential purchasers have expressed interest in using the property residentially. The applicant and property owner are seeking a zone change to allow more options for potential purchasers in terms of use and financing . The MU-N zoning will allow for the desired residential use and will also preserve for future tenants the possibility of Jive /work or commercial uses. RECOMMENDED MOTION: "I move to approve Council Bill No. 12-2014 an ordinance approving the rezoning of property located at 4360 Gray Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) on second reading and that it take effect 15 days after final publication, for the following reasons: CAF - R ezoning 4360 Gray Street O cto b er 13 ,2014 P age 3 Or, 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E ofthe Code of Laws. "I move to deny Council Bill No. 12-2014 an ordinance approving the rezoning of property located at 4360 Gray Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for the following reason(s) and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak , Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 12-2014 2. Planning Commission Draft Meeting Minutes 3. Planning Commission Staff Report CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 12 ORDINANCE NO.---- Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4360 GRAY STREET FROM NEIGHBORHOOD COMMERCIAL (NC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ /GERMANO) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Rocco Germano has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 4360 Gray Street; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for a mix of land uses and appropriate transitions between commercial corridors and neighborhoods; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on September 4, 2014 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Rocco Germano for approval of a zone change ordinance from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for property located at 4360 Gray Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOT 4, SEGER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of Attachment 1 health and safety and for the protection of public convenience and welfare . The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5 .11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this ath day of September, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, October 13, 2014 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado, and that it takes effect 15 days after final publication . READ, ADOPTED AND ORDERED PUBLISHED on se~ond and final reading by a vote of to , this day of , 2014 . SIGNED by the Mayor on this ___ day of ______ , 2014. ATTEST: Janelle Shaver, City Clerk 1st publication: September 11, 2014 2"d publication : Wheat Ridge Transcript: Effective Date : Joyce Jay, Mayor Approved as to Form Gerald Dahl, City Attorney .,.~A~ ~ r Cilyof JP'\VheatR!9ge PLANNING COMMISSION Minutes of Meeting September 4, 2014 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:02p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue , Wheat Ridge , Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Alan Bucknam Silke Popp Amanda Weaver Lauren Mikulak, Senior Planner Kim Waggoner, Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner DORSEY to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES-August 21, 2014 It was moved by Commissioner OHM and seconded by Commissioner DORSEY to approve the minutes of August 21, 2014, as written. Motion carried 4-0-1 with Commissioner Kimsey abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes - I - September 4, 2014 Attachment 2 7. PUBLIC HEARING A. Case No. WZ-14-07: An application filed by Rocky Germano for approval of a zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for property located at 4360 Gray Street. Ms. Mikulak presented the case. She entered into the record the contents of the case file and packet materials , the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated the purpose of the rezoning is to expand the possible uses for the property including the option of converting the structure back to a residential occupancy. The applicant has not proposed any development at this time. Commissioner OHM inquired about setbacks for an accessory structure on the north side. Ms. Mikulak stated it depends on the use in the mixed use zoning. The mixed use code does not address accessory structures , so it has been staff's policy to utilize the development standards from a similar zone district based on the land use . The most similar residential zone district standards would apply for a residential use and commercial setbacks would apply for a commercial use. Typicall y it would be at least 5 feet. Rocky Germano 5985 W. 32nd Ave Mr. Germano provided photographs of recent landscaping improvements and removal of the parking lot to make the property more marketable . He stated the commercial designation limits the number of buyers. Commissioner DORSEY stated the property could sell as a home with the landscaping improvements. This could be a home with a small business . Mr. Germano stated there is a home office trend for real estate , accounting and insurance companies. Commissioner TIMMS stated he was presently surprised to see the new landscaping and it will help market the property . Chair BRINKMAN opened the public hearing. There was no one in the audience to speak. Chair BRINKMAN closed the public hearing. Planning Commission Minutes September 4, 2014 -2 - It was moved by Commissioner TIMMS and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-07, a request for approval of a zone change from Neighborhood Commercial to Mixed Use-Neighborhood, for property located at 4360 Gray Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. Motion carried 5-0. Ms. Mikulak stated the case will be heard by City Council on October 13 , 2014. Mr. Germano stated a fence was added to the north side to separate the property from the adjacent commercial property. 8. OTHER ITEMS A. Ms. Mikulak stated two new Planners will start within the next couple weeks. B. Ms . Mikulak provided an update on the Wadsworth PEL (Planning and Environmental Linkage) Study. She stated the City was awarded matching funds from DRCOG to look for improvement opportunities on Wadsworth from 35th Avenue to 48 1h Avenue. She stated it is a 15-month project that started in February. The goals of the project are to meet current and future traffic demands. There will be a study session with City Council on Monday, October 6 and an interactive public meeting on October 8 in the Council Chambers. She invited the commission members to both meetings. Chair Brinkman asked if Wheat Ridge is coordinating improvements with any other agencies. Ms. Mikulak stated there have been a series of task force meetings with utility agencies, Jefferson County, Lakewood, and Arvada. She stated Wadsworth is a state highway and is part of the national highway systems, so CDOT and the Federal Highway Administration are on the project team also. 9. ADJOURNMENT It was moved by Commissioner TIMMS and seconded by Commissioner DORSEY to adjourn the meeting at 7:31 p.m. Motion carried 5-0. Anne Brinkman, Chair Planning Commission Minutes September 4 , 2014 Kim Waggoner, Recording Secretary -3 - ~i# .... ~ ., City of .. ~Wheat&_dge ~OMMUNilY DEVELOPMENT CITY OF WHEAT RIDGE CO~TYDEVELOPMENTSTAFFREPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: CASE NO. & NAME: September 4, 2014 WZ-14-07 I Germano ACTION REQUESTED: Approval of a zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) LOCATION OF REQUEST: 4360 Gray Street APPLICANT(S): Rocco Germano on behalf of Deborah Benetti PROPERTY OWNER(S): Deborah Benetti APPROXIMATE AREA: 8130 Square Feet (0.19 Acres) PRESENT ZONING: Neighborhood Commercial (RC) PRESENT LAND USE: Converted residential structure, used most recently for professional offices COMPREHENSIVE PLAN: Neighborhood Commercial Corridor I Neighborhood ENTER INTO RECORD: (X) (X) CASE FILE & PACKET MA TERJALS ZONING ORDINANCE LOCATION MAP (X) (X) COMPREHENSIVE PLAN DIGITAL PRESENTATION LAKESIDE Case No. WZ-1 4-07 I G ermano Attachment 3 MTN VIEW SITE All notification and posting requirements have been met; therefore , there is jurisdiction to hear this case. I. REQUEST Case No. WZ-14-07 is an application by Rocco Germano requesting approval of a zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for property located at 4360 Gray Street (Exhibit 1, Aerial). The proposed rezoning area includes one parcel, the total area of which is approximately 0.19 acres. The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy. II. EXISTING CONDITIONS Subject Property The property is located at 4360 Gray Street which is in the northeast quadrant of the City, one lot south ofW. 44th Avenue. The property is currently zoned Neighborhood Commercial (NC) which allows for various types of office uses including administrative, professional and personal services. The NC zone district is the most restrictive commercial zone district in the City, allowing only a very limited range of retail uses which are neighborhood oriented. The district is not intended to include general retail uses that serve the community or region. The subject property is part of Seger Subdivision and is 8,130 square feet (0.19 acres) in size. The primary structure on the property was originally built in 1948 as a single family home. Since that time , the building was converted for commercial use. City business license records indicate that Benetti Bookkeeping and Tax Service was licensed at 4360 Gray Street at least as early as 1990. The business was approved as a commercial location as opposed to a home-based business. Building permit records are incomplete and do not indicate specifically when the structure was converted from a residential to commercial occupancy, but the Jefferson County Assessor classifies the site as commercial. It appears that a residential occupancy may have been a secondary use which is permitted in the NC zone district. Because of its original construction as a home and the subsequent low-intensity office use, the interior still retains a residential character. The structure is a single-story with an open floor plan and is 1,443 square feet in size. There is a small commercial parking area located in the front yard , but the property has a detached alley-loaded garage, two bathrooms, a modest kitchen, and a gazebo (Exhibit 2, Site Photos). The property has been on the market for several months, but most potential purchasers are interested in using the property residentially. The applicant and property owner are seeking a zone change to allow more options for potential purchasers in terms of use and financing (Exhibit 3, Letter of Request). Surrounding Zoning and Land Use The site is currently zoned Neighborhood Commercial (NC) and is surrounded by residential and commercial uses (Exhibit 4, Zoning Map). To the north and northwest along W. 44th Avenue are parcels zoned Restricted Commercial (RC) and Commercial-One (C-1). These properties include a clothing store, RadioShack, carwash and pawnshop. To the south is a neighborhood zoned Case No. WZ-14-0 7 I Germano 2 Residential-Three (R-3) which includes mostly single-family homes. The property immediately to the west of the subject site is zoned RC, but is used as a single family home. III. PROPOSED ZONING The applicant is requesting to rezone the property to Mixed Use-Neighborhood (MU-N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district allows a variety of land uses including residential, civic, and a limited range of neighborhood-serving commercial and retail uses. The MU-N zone district is very similar to the NC-the City's lowest intensity, straight commercial zone districts-in that they allow neighborhood-oriented commercial uses. A significant difference between MU-N and the straight commercial zone districts is in the treatment of residential uses. In the NC zone districts, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current NC zoning. Unlike NC, in the MU-N zone district new residences are permitted uses (including single-family homes). The applicant has expressed that most potential purchasers have expressed a desire to convert the subject property back to a full-time residential occupancy. The MU-N zoning will allow for the desired residential use and will also preserve for future tenants the possibility of live/work or commercial uses. Although new development is not being proposed at this time, the following table compares the proposed and existing standards that would apply to the subject property. In general, the MU-N and NC zone districts are very similar in terms of development standards with slight differences in the setback and lot coverage requirements. Because the subject site is located in the Traditional Overlay of the Architectural and Site Design Manual (ASDM), the NC and MU-N zone districts are also very similar in terms of architectural standards. \ll -'\ '\C "ith \SD\1 Uses Allows new residential, commercial, Allows limited commercial and existing or mixed uses residential uses Architectural Standards Determined by mixed use code Determined by ASDM Building Height (max) 35 feet if building has residential use 35 feet 50 feet for all other buildings Build-to Area 0-12 feet (60% of the build-to area same (along front lot line) shall contain building mass) Setbacks North: 0 feet North: 0 feet if nonflammable or South and West: 5 feet per story 10 feet for 1-2 story South: 5 feet + 5 feet per story 15 feet for 3 story West: 1 0 feet + 5 feet per story 20 feet for 4 story Case No. WZ-14-07 I Germano 3 Lot Coverage (max) 90% for mixed use 80% 85% for single use Landscape I Open Space 1 0% for mixed use 20% (min) 15% for single use IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26 -1 22.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare ofthe community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone districts have similar development standards and permitted commercial uses. While the MU-N zone district will expand use options by allowing for residential uses, these are generally considered to be less intensive than commercial uses. The MU-N zoning is expected to add value to the subject property while maintaining consistency with the character of the area. The site serves as a transition between the commercial properties to the north and residential properties to the south. While MU-N will still allow commercial uses, the location of the property and limited visibility from W. 44th Avenue means very few commercial uses are likely to be viable on the site. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no new development is proposed at this time. If the property is redeveloped in the future under MU-N zoning, a site plan review application will be required and referred to all impacted utility agencies. In the event that current capacity is not adequate for future development or for a change in use, the property owner/developer will be responsible for utility upgrades. Utility providers have confirmed that service is available for a residential use . Staff concludes that this criterion has been met. Case No. WZ-14-07 I Germano 4 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive pian-Envision Wheat Ridge. The plan designates Gray Street as a "neighborhood" and W. 44th Avenue as a "neighborhood commercial corridor." The site is only one lot (about 175 feet) south ofW. 44th Avenue and serves as a transition between these two designations. By allowing a mix ofland uses, a zone change to MU-N allows the site to remain compatible with the area and to serve as an appropriate transition. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Neighborhood Commercial (NC) zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from NC to MU-N neither responds to, nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-1 09. A meeting for neighborhood input was held on July 22, 2014. No one from the neighborhood attended the meeting (Exhibit 5, Neighborhood Meeting Notes). Case No. WZ-14-07 I Germano 5 VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns. Wheat Ridge Sanitation District: No concerns. Wheat Ridge Fire District: No concerns. Xcel Energy: No concerns, contingent upon maintaining all existing rights and ability for future expansion. Comments received relate only to the zone change request. No comments were received from the water district , but the property is currently serviced by Wheat Ridge Water District. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process would be required in the future if redevelopment was to occur. At this time , the applicant is not proposing any redevelopment of the property . VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health , safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property , and the applicant will be responsible for upgrades, as needed , if development is proposed in the future. Finally, staff concludes that the zone change is consistent with the Comprehensive Plan by promoting a mix of uses creating an appropriate transition between a neighborhood and neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of the request. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-14-07 , a request for approval of a zone change from Neighborhood Commercial to Mixed Use-Neighborhood , for property located at 4360 Gray Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health , safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan 3. The proposed zone change is compatible with the surrounding area." Case No. WZ-1 4-0 7 I Germano 6 Option B: "I move to recommend DENIAL of Case No. WZ-14-07, a request for approval of a zone change from Neighborhood Commercial to Mixed Use-Neighborhood, for property located at 4360 Gray Street, for the following reasons: 1. 2. 3. " Case No. WZ-14-07 /Germano 7 EXHIBIT 1: AERIAL Case No . WZ-14-0 7 I Germano 8 EXHffiiT 2: SITE PHOTOS (photos courtesy of Metro list) Paved front yard accommodated commercial uses. Case No. WZ-14-07 I Germano Older photo of Benetti Bookkeeping and Tax Services. 9 Case No . WZ-14-07 I Germano 10 A and bo are located in the back of the lot. Case No. WZ-14-07 /Germano 11 EXHIBIT 3: LETTER OF REQUEST Request to Rezone 4360 Gray Street Wheat Ridge, CO 80212 The applicant, Deborah K Benetti Alameida, currently resides in Waialua, Hawaii. Ms. Alameida, has retained me, Rocco Germano, to work with the City to rezone her property from Neighborhood Commercial (NC) to Mixed Use Zone. ( See Letter attached) Deborah Alameida inherited the property from her mother in October of 2010. Her mother Rita Benetti, had owned the property since September of 1986. Ms. Benetti operated a tax service and lived at the property. Ms. Alameida has retained me to sell the property. The rezoning will allow a prospective buyer to have a wider selection of financing choices. The current zoning restricts the types of loans possible because it is strictly a commercial property. A mixed use designation opens the financing to some more attractive loans for a prospective buyer. No changes are required to the structure itself as it was originally a residential property. The property has a commercial neighbor to the north and the rest of the 4300 block of Gray are residential homes. Contact Information: Rocco Germano, Jericho Properties Realty LLC. 902 Wadsworth Blvd Lakewood, CO 80214. Phone (303} 234~0546. Email: RockGermano@Gmail.com Rocco "Rocky'' Ge ,rmano Broker /Realtor Colorado Real Estate Lie # 936605 Case No. WZ-14-07 I Germano 12 EXHIBIT 4: ZONING MAP LAKESIDE Case No. WZ-14-07 I Germano 13 EXHIBIT 5: NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: NEIGHBORHOOD MEETING NOTES July 22 , 2014 Lauren Mikulak, Senior Planner City of Wheat Ridge Municipal Building 7 500 W. 29th A venue Wheat Ridge, CO 80033 4360 Gray Street Deborah Bennetti No (owner 's agent, Rocky Germano , attended) Rocky Germano on behalf of Deborah Bennetti Neighborhood Commercial Neighborhood Commercial Corridor, Neighborhood The property is located at 4360 Gray Street in the northeast quadrant of the City. The site is zoned Neighborhood Commercial (NC) and is in a transition zone between residential and commercial uses. Based on Jefferson County records, the subject property has a total area of 8,130 square feet and is part of the Seger Subdivision. The property was purchased in 1986 by Rita Benetti. Mrs. Benetti operated a tax service out of the home, until 201 0; the business was approved as a commercial occupancy, as opposed to a home occupation. In 2010, Deborah Benetti, daughter ofRita, inherited the property and is looking to sell it. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N). The purpose of the rezone is to expand possible uses for the property, including the option of converting the structure back to a primary residential occupancy. The following is a summary of the neighborhood meeting: • No one from the neighborhood attended the meeting. The applicant and staff left after 20 minutes. Case No. WZ-14-07 I Germano 14 ~A~ ~" _ r . City of • JP'WheatRi_dge ITEM NO :~ DATE: October 13 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2014-AN ORDINANCE ADOPTING BY REFERENCE THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE INTERNATIONAL ENERGY CONSERVATION CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE AND THE INTERNATIONAL FUEL GAS CODE; THE 2014 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 2015 NATIONAL FIRE PROTECTION ASSOCIATION 99 STANDARD FOR HEALTH CARE FACILITIES; ADOPTING CERTAIN AMENDMENTS TO SUCH CODES; PROVIDING PENALTIES FOR VIOLATIONS OF THE SAME; AND AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS ACCORDINGLY D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (09/08/2014) [8J ORDINANCES FOR 2ND READING (1 0/13 /2014) n YES City Attorney ISSUE: The City currently has adopted and enforces the following building related codes: • 2003 International Property Maintenance Code, • 2006 version of the remaining International Codes , CAF-Adopting 2012 Building Codes October 13 , 2 014 Page2 • 2011 National Electrical Code, and • 2005 National Fire Protection Association (NFPA) 99 Standards for Health Care Facilities. To remain consistent with neighboring jurisdictions and in compliance with state regulations, staff is recommending that City Council adopt the most recent version of the codes , which are: • 2012 International Codes , • 2014 National Electrical Code, and • 2015 NFPA 99 Standards for Health Care Facilities PRIOR ACTION: Council adopted the 2006 version of the International Codes, with the exception of the Property Maintenance Codes , in 2010 . The 2011 National Electrical Code was adopted in 2012. The 2005 NFPA 99 Standards for Health Care Facilities were adopted in 2006. At its August 18 1h Study Session , Council discussed a draft of the proposed adoption of these codes , including amendments , and directed certain changes. Those changes are reflected in the current draft ordinance. Council considered this Ordinance and appro ved it on first reading on September 8 , 2014. FINANCIAL IMPACT: Financial impact to the City is approximately $5 ,000 in costs for the purchase ofbooks related to the newer versions of the codes. No changes are being proposed to the currently adopted building permit fee schedule. BACKGROUND: In 2010 , Council adopted the 2006 versions of the International Codes with amendments that were based on: 1) Building Division staff recommendations , 2) an external assessment of the codes and Building Division practices and procedures by an independent consulting firm , and 3) recommendations from a task force consisting of local appointees , including representatives of the construction industry, property owners and Fire District representatives. Recommendations from the various sources involved during the process of adopting the 2006 International Codes , and the actual amendments adopted by Council at that time , have generally been maintained in the proposed amendments to the 2012 versions. Some of the amendments and changes included in the 2006 versions of the codes that remain unchanged or unaltered in the 2012 amendments contained in this Ordinance are: The adopted building permit fee schedule Fixed fees for particular permit types Exemption from permits for fences 6 feet and less in height Increased occupant load thresholds before requiring separate sex bathrooms CAF-Adopting 2012 Building Codes October 13 , 2014 Page 3 Less restrictive requirements related to ventilation of commercial occupancies (is part of the 2012 text and was extrapolated and used previously in the 2006 adopted version) The exclusion of Appendix J of the IRC , which requires full compliance with newer versions of the codes when work areas exceed fifty-percent of the structures floor area A change in the square footage area of "Hoop Houses" exempt from permit ( 400 SF) Definitions of "Spaced sheathing" related to roofing A few minor changes to previous amendments are reflected in this Ordinance. Those changes are: The requirement to obtain a building permit for exterior cladding was removed from the 2006 codes on the recommendation of the task force . Based on issues related to poor installation practices and homeowner complaints received since that time, the exemption of exterior cladding from permitting requirements in the 2012 version of the codes has been removed. Amendments to the International Fire Code included in the previous adoption process have been reduced in an effort to be less restrictive and have been included in the amendments proposed for adoption during this process. The updated version (2012) of the International Property Maintenance Code was not included in the family of International Codes adopted in the previous process but is being included in this adoption process. Amendments to the International Building and Mechanical Codes have been made to define marijuana related occupancies as Mercantile (sale of marijuana related products), Factory (cultivation of plants and production of edibles), and Hazardous (water-based extraction of hash oil ; solvent-based extraction prohibited) to allow for consistent and definitive application of code requirements to these occupancies. Additionally, requirements for source capture systems (ventilation and exhaust systems designed to filter exhausted air) have been imposed on all marijuana related occupancies. The number of copies of construction documents required to accompany permit applications is reduced from three (3) copies to two (2). References to the appeal processes in the Codes are amended to reference the appeals of fines. Occupancy load at which separate-sex restrooms are required for "M" occupancy is reduced from 250 to 125. Minimum height (7 feet) of vent extensions above roofline amended to apply to roof used "for any occupiable purpose other than weather protection." (new language in italics) Other amendments not previously addressed but contained in this Ordinance are: The requirement for residential sprinkler systems has been removed from the International Residential Code. Updates to City Code 5-81 , which establishes demolition and sign pennit fees. The proposed change removes the fifteen dollar fee for simple face changes on signs and leaves all other portions of that section intact. CAF-Adopting 2012 Building Codes October 13 , 2014 Page4 Updates to City Code 5-88 adopting the 2015 version ofNFPA 99 , Standards for Health Care Facilities , which is applicable to projects at ELMC and is referenced in other areas of the International Codes . The proposed amendments are aligned with the recommendations and amendments derived from the 2010 independent assessment, and are less restrictive than many of the amendments adopted by Arvada and/or Lakewood . In those jurisdictions, local amendments adopt Appendix J , require a minimum one-inch water tap for single-family homes , require residential sprinklers , and limit monolithic slabs to 600 square feet in size. The National Electrical Code, the 2011 version of which was adopted without amendment, is proposed to be upgraded through inclusion of the 2014 version in this adoption process. No amendments to the 2014 version of the NEC are contained in this Ordinance . OPTIONS FOR COUNCIL ACTION: 1. Approve the ordinance as presented on second reading; 2. Approve the ordinance with amendments on second reading ; 3. Request further research and infonnation from staff on a particular issue(s) and continue consideration of the ordinance to a future meeting; or 4 . Postpone consideration of the ordinance indefinitely. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 13-2014, order it published and that it shall become effective fifteen (I 5) days after final publication ." Or, "I move to approve Council Bill No. 13-2014, order it published and that it shall become effective fifteen ( 15) days after final publication , with the following amendment: Or, • Add a new Section 17 to the Ordinance that reads 'Notwithstanding any other provision of this Ordinance or the Codes adopted herein to the contrary, each medical marijuana establishment and retail marijuana establislunent existing within the City as of the effective date of this Ordinance shall comply with Section 502.20 of the International Mechanical Code, as adopted and amended by Section 3 of this Ordinance, prior to May I , 2015. "' "I move to postpone indefinitely Council Bill No. 13-2014 for the following reason(s) , CAF-Adopting 2012 Building Codes October 13 ,2014 Page 5 REPORT PREPARED/REVIEWED BY; Carmen Beery, City Attorney's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER Council Bill No. 13 Ordinance No. ___ _ Series 2014 TITLE: AN ORDINANCE REPEALING AND REENACTING CERTAIN SECTIONS OF CHAPTER 5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE BUILDING CODE, THE MECHANICAL CODE, THE PLUMBING CODE, THE PROPERTY MAINTENANCE CODE, THE ENERGY CONSERVATION CODE, THE RESIDENTIAL CODE, THE FIRE CODE, THE FUEL GAS CODE, NATIONAL FIRE PROTECTION ASSOCIATION 70 NATIONAL ELECTRICAL CODE, NFPA 99 STANDARDS FOR HEALTH CARE FACILITIES AND PENALTIES FOR VIOLATION OF THE SAME WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, the City of Wheat Ridge Home Rule Charter ("Charter") Section 5.16 provides that standard codes promulgated by any recognized trade or professional organization may be adopted by reference; and WHEREAS, exercising this authority, the Council has determined that it is in the best interest of the City to adopt the 2012 promulgated versions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code, the International Fuel Gas Code, the 2014 National Electrical Code and 2Q15 NFPA 99 Standard for Health Care Facilities; and WHEREAS, the Council wishes to amend certain sections of Chapter 5 of the Code of Laws of the City of Wheat Ridge ("Code") to incorporate the 2012 versions of the above-referenced International codes, the 2014 version of the National Electrical Code and the 2015 version of NFPA 99 Standard for Health Care Facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76 of the Code is repealed in its entirety and reenacted to read as follows: Attachment 1 1 (a) Adoption . The International Building Code, 2012 Edition , is hereby adopted by reference and incorporated into this article as though fully set forth herein as the building construction code of the City of Wheat Ridge. One copy of said International Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such Code is adopted in full , including the outline of contents , index and appendices contained herein . (b) Amendments. The International Building Code adopted by this section is amended as follows . Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Building Code . 101 .1 Title. Amend to read in its entirety : 101.1 Title. These regulations shall be known as the Building Code of the City of Wheat Ridge, here inafter referred to as "this code ." 105.1.1 Annual permit. Delete entire section. 105.1 .2 Annual permit records . Delete entire section. 105.2 Work exempt from permit. Amend to read in its entirety : 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following : Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses , provided the floor area is not greater than 120 square feet. 2. Fences not over 6 feet high. 3. Oil derricks . 4 . Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or lilA liquids . 5 . Water tanks supported directly on grade if the capacity is not greater than 5 ,000 gallons and the ratio of height to diameter of width is not greater than 2 :1. 6 . Sidewalks and driveways not more than 30 inches above adjacent grade , and not over any basement or story below and are not part of an accessible route. 2 7. Painting, papering, carpeting, cabinets and countertops and similar finish work that is not a part of the scope of a larger permittable project. 8 . Prefabricated swimming pools that are less than 24 inches in depth, not greater than 5,000 gallons and are installed entirely above ground . 9 . Shade cloth structures under 400 square feet constructed for nursery or agricultural purposes, not including service systems. 10. Swings and other playground equipment accessory to detached one-and two-family dwellings. 11 . Window awnings in Group R-3 and U occupancies , supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 12 . Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 13. Hoop houses as defined in Section 3102.2 that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems . Electrical: Gas: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmission, but do apply to equipment and wiring for a power supply and the installation of towers and antennas . Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing and servicing of electrical equipment or apparatus. 1. Portable heating appliance. 2 . Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2 . Portable ventilation equipment. 3. Portable cooling unit. 3 4. Steam , hot or chilled water piping within any heating or cooloing equipment regulated by this code . 5. Replacement of any part that does not alter the approval or make it unsafe. 6 . Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures 105 .5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each . The extension shall be requested in writing and justifiable cause demonstrated. 107.1 General. Amend to read in its entirety: 107.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) or more sets with each application for permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed . Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work 4 applied for is such that reviewing of construction documents is not necessary to obtain compliance with this codel 107.3.1 Approval of construction documents. Amend to read in its entirety: 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections-Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 109.2 Schedule of permit fees. Amend to read in its entirety: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 109.3 Building permit valuations. Amend to read in its entirety: 109.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and non-structural building components, electrical, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on data published on the City website, and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 109.6 Refunds. Amend to read in its entirety: 109.6 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 5 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 113 Board of Appeals. Amend to read in its entirety: 113 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 114.4 Violation penalties. Amend to read in its entirety: 114.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 115.2 Issuance . Delete entire section. 115.3 Unlawful continuance. Rename and amend in its entirety: 115.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is 6 authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work . Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 202 Definitions Delete the following definition from this section: LIVE/WORK UNIT. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant. 202 Definitions Add the following definitions to this section : HASH OIL. A resinous matrix of cannabinoids obtained from the cannabis plant by solvent extraction , formed into a hardened or viscous mass. 306.2 Moderate-hazard factory industrial, Group F-1. Add the following use to this section: Marijuana cultivation Marijuana products containing hash oil 307.5 High-hazard Group H-3 . Add the following use to this section: Occupancies involved in the water-based extraction of hash oil. Occupancies involved in the solvent-based extraction of hash oil are not permitted. 307. 5. 1 Extraction of hash oil. Add the following section 307.5.1 Extraction of hash oil. Occupancies involving the water -based extraction of hash oil shall be classified as H-3 occupancies and shall comply with the requirements of this code and referenced codes for such occupancy classification . Occupancies involved in the solvent-based extraction of hash oil shall not be permitted. 309.1 Mercantile Group M . Add the following use to this section: Sale of marijuana, products containing marijuana and hash oil, and devices for use in the consumption of marijuana 419 LivelvVork Units. Delete entire section. 7 420.4 Automatic sprinkler system. Amend to read in its entirety: 420.4 Automatic sprinkler system. Group R occupancies, with the exception of Group R-3, shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2 .8 . Group 1-1 occupancies shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.6. Quick response or residential automatic sprinklers shall be installed in accordance with Section 903.3 .2 . 1101.2 Design. Amend to read in its entirety: 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A 117.1-2009 Edition 1209.2 Attic spaces. Amend to read in its entirety: 1209.2 Attic spaces . An opening not less than 20 inches by 30 inches shall be provided to any attic area having a clear height of over 30 inches. A 30-inch minimum clear headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. 1502 Definitions. Add the following text under the definition of "ROOF DECK": Solidly sheathed deck shall be defined as decking consisting of American Plywood Association (APA) approved wood structural panel sheathing . Closely fitted deck shall be defined as decking consisted of APA approved wood structural panel sheathing or lumber sheathing conforming to the requirements of Tables 2304 .7(1) through 2304 .7(5) in which no gap between members exceeds one-half of one inch. Spaced decking shall be defined as lumber sheathing conforming to the requirements of Tables 2304.7(1) through 2304.7(5) in which any gap between members exceeds one-half of one inch. 1507.2 .7 Attachment. Amend to read in its entirety: 1507.2.7 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive . Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM D 8 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161 , Class F . 1507.2.8.2 Ice barrier. Amend to read in its entirety: 1507.2.8.21ce barrier. Ice barrier complying with ASTM D1970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area . 1607. 12 Loads. Amend to read in its entirety: 1607.12 Roof loads The structural supports of roofs and marquees shall be designed to resist wind and, where applicable, snow and earthquake loads, in addition to the dead load of construction and the appropriate live loads as prescribed in this section, or as set forth in Table 1607.1. The live loads acting on a sloping surface shall be assumed to act vertically on the horizontal projection of that surface. For Hoop Houses as defined in Section 3102.2, the minimum live load for roofs shall be 5 PSF for coverings and 20 PSF for structural components. 1609.1 Application . Amend to read in its entirety: to 1609.1 Application. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads prescribed herein. Decreases in wind loads shall not be made for the effect of shielding by other structures. Exception: Hoop Houses as defined in Section 3102.2 shall be designed provide resistance to a minimum wind speed of 70 miles per hour. 1808. 1 General. Amend to read in its entirety: 1808.1 General. Footings shall be designed and constructed in accordance with Sections 1805.1 through 1805 .9. Footings and foundations shall be built on undisturbed soil, compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.5. CLSM shall be placed in accordance with 1803 .6. All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado and submitted 9 plans for these systems shall be wet-stamped by the engineer of record at the time of permit application submission. The top surface of footings shall be level. The bottom surface of footings is permitted to have a slope not exceeding one unit vertical in 10 units horizontal (1 0 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than the one unit vertical in 10 units horizontal (1 0 percent slope). 3001 .2 Referenced Standards. Amend to read in its entirety: 3001.2 Referenced Standards. Except as otherwise provided for in this Code, the design , construction , installation , alteration , repair and maintenance of elevators and conveying systems and their components shall conform to ASME A90 .1, ASME B20.1 , ALCTV, and ASCE 24 for construction in flood hazard areas established in section 1612.3 of this code . The design , construction installation , alteration , repair and maintenance of elevators and conveying systems shall also conform to ASME A17 .1, ASME A17 .2 , ASME A17.3 , ASME A18 .1 and ASME QE-1 and all other standards referenced in Section 2-6-1 (1) of the Colorado Department of Labor and Employment, Division of Public Safety Conveyance Regulations , 7 Colo . Code Regs . 1101-8 , as now and hereafter amended (the "OPS Regulations "). 3102.2 Definitions. Add the following language to Section 3102 .2 : HOOP HOUSE. A structure not exceeding 1 ,000 square feet in floor area with a maximum six mils thick poly film roof and wall covering installed over rounded structural members in which there is no storage of solvents , fertilize rs , gases or other chemicals or flammable materials . Structures not complying with all of the specifics set forth in the definition above shall be defined i n accordance with adopted code and standard p ractice. Hoop houses exceeding 1,000 square feet in size shall be defined as greenhouses for the purpose of determining applicability of adopted codes and regulations . 3102.3 Type of construction . Amend to read in its entirety: 3102.3 Type of construction. Noncombustible membrane structures shall be classified as Type liB construction . Noncombustible frame or cable-supported structures covered by and approved membrane in accordance with Section 3012 .3.1 shall be classified as Type liB construction . Heavy timber frame-supported structures covered by an approved membrane in accordance with Section 3102 .3.1 shall be classified as Type IV construction. Other membrane structures , and hoop 10 houses as defined in Section 3102.2, shall be classified as Type V construction. Exception: Plastic less than 30 feet above any floor used in hoop houses as defined in Section 3102.2 and greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3102.3.1 Membrane and interior liner. Amend to read in its entirety 3102.3.1 Membrane and interior liner material. Membrane and interior liners shall be either noncombustible as set forth in Section 703.4 or meet the fire propagation performance criteria of NFPA 701 and the manufacturer's test protocol. Exception: Plastic less than 20 mil in thickness used in hoop houses as defined in Section 3102.2 and in greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3102.4 Allowable floor areas. Amend to read in its entirety: 3102.4 Allowable floor areas. The area of a membrane structure shall not exceed the limitations set forth in Table 503, except as provided in Section 506. The floor area of Hoop Houses as defined in Section 3102.2 shall not exceed 1,000 square feet. 3102.5 Maximum height. Amend to read in its entirety: 3102.5 Maximum height. Membrane structures shall not exceed one story nor shall such structures exceed the height limitations in feet set forth in Table 503. Hoop houses as defined in Section 3102.2 shall not exceed applicable heights as determined by regulations set forth in Municipal Code Sections 26-205, 26-214, and 26-625. Exception: Noncombustible membrane structures serving as roofs only. 3102.6.1 Noncombustible membrane. Amend to read in its entirety: Section 3102.6.1 Noncombustible membrane. A noncombustible membrane shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided it is at least 20 feet above any floor, balcony or gallery . A noncombustible poly film not exceeding 6 millimeters in thickness shall be permitted to be used as the roof and wall covering for structures defined as Hoop Houses in Section 3102.2 , regardless of height. 11 3109.3 Public swimming pools. Amend to read in its entirety: 3109.3 Public swimming pools . Public swimming pools shall be completely enclosed by a fence at least 60 inches in height or a screen enclosure . Openings in the fence shall not permit the passage of a 4-inch- diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates complying with section 31 09.4.1. 7 Gates . 3109.4.1 Barrier height and clearances. Amend to read in its entirety: 3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches . Only the following appendices are adopted: Appendix E: Supplementary Accessibility Requirements. Appendix E is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code or referenced documents for accessibility requirements. Appendix 1: Patio Covers. Appendix I is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code for Patio Covers. Section 2. Section 5-77(a) of the Wheat Ridge Code of Laws, concerning the National Electrical Code, is hereby amended as follows : (a) Adoption. The National Electrical Code, 2014 Edition, copyrighted by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 01269-7471, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the electrical code of the city . Except as otherwise provided in this article, such code is adopted in full, including the index contained therein. One copy of said National Electrical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Section 3. Section 5-78 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Mechanical Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set 12 forth herein as the mechanical code of the City of Wheat Ridge. One copy of said International Mechanical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full , including the outline of contents and index contained herein . (b) Amendments. The International Mechanical Code adopted by this section is amended as follows . Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Mechanical Code . 101 .1 Title. Amend to read in its entirety: 101.1 Title . These regulations shall be known as the Mechanical Code of the City of Wheat Ridge hereinafter referred to as "this code." 106. 3. 1 Construction documents. Amend to read in its entirety: 106.3.1 Construction documents. Construction documents, engineering calculations, diagrams and other data shall be submitted in two or more sets with each application for permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code . Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this code. 106.4.3 Expiration. Amend to read in its entirety: 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated . 13 106.5.2 Fee Schedule. Amend to read in its entirety: 106.5.2 Fee Schedule. The fees for all mechanical work shall be established as set forth in Table 1-A. 106 .5.3 Fee refunds. Amend to read in its entirety: 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1 . The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3 . Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note : The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders . Amend to read in its entirety: 108.5 Stop work orders . Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this 14 code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 502.20 Marijuana related occupancies. Add the following section: 502.20 Marijuana related occupancies. Occupancies involved in the sale, transfer, packaging, processing, cultivation, production, extraction or destruction of plants and their parts, devices designed for the use of marijuana and marijuana products, products containing marijuana and hash oil, hash oil or other marijuana related operations and activities shall provide an approved source capture system capable of removing particulate and odors as required to achieve levels that do not constitute as nuisance to adjacent occupants, structures and properties. For the purpose of application of requirements of this code, occupancies involved in the water-based extraction of hash oil shall be considered to be hazardous occupancies and shall be subject to the requirements for such occupancies as set forth in this code. Occupancies involved in the solvent- based extraction of hash oil are not permitted. Section 4. Section 5-79 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Plumbing Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City of Wheat Ridge. One copy of said International Plumbing Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as 15 otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Plumbing Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Plumbing Code . 101.1 Title. Amend to read in its entirety : 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Wheat Ridge hereinafter referred to as "this code ." 106.3.1 Construction documents. Amend to read in its entirety : 106.3.1 Construction documents . The registered design professional shall submit to the code official two complete sets of signed and sealed construction documents for the alternative engineered design . The construction documents shall include floor plans and a riser diagram of the work. Where appropriate , the construction documents shall indicate the direction of flow , all pipe sizes , grade of horizontal piping , loading , and location of fixtures and appliances . Exception: The code official shall have the authority to waive the submission of construction documents , calculations or other data if the nature of the work applied for is such that submission of construction documents is not necessary to determine compliance with this code. 106.5.3 Expiration . Amend to read in its entirety: 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time , for periods of not more than 180 days each . The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee Schedule . Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for all plumbing work shall be established as set forth in Table 1-A. 106.6.3 Fee refunds. Amend to read in its entirety: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows : 16 1. The full amount any fee paid hereunder that was erroneously paid or collected . 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties . Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 .00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is 17 directed to perform to remove a violation or unsafe condition , shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars . 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25 . An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted , the provisions of the code do not fully apply, or an equally good or better form of construction is proposed . 403. 1 Minimum number of fixtures . Delete the text of this section, while maintaining Table 403.1, and insert: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Tables 403 .1 and 403.1 .1 .Types of occupancies not shown in Tables 403.1 and 403.1 .1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. Table 403 .1.1 shall be as follows: Table 403.1.1 Occupancy Description A-1 A-2 A-3 Theaters and other buildings For the performing arts and Motion pictures Nightclubs , bars , taverns, dance halls and buildings for similar purposes Restaurants , banquet halls and food courts Auditoriums without permanent seating , art galleries, exhibition halls , museums, lecture halls , libraries, arcades and gymnasiums 18 Separate Sex Facilities Required When Occupant Load Exceeds 65 40 75 65 Passenger terminals and transportation 250 facilities Places of worship and other religious 75 services A-4 Coliseums, arenas, skating rinks, pools 40 and tennis courts for indoor sporting events and activities A-5 Stadiums, amusement parks, bleachers 40 and grandstands for outdoor sporting events and activities Buildings for the transaction of business, 8 professional services, other services 25 involving merchandise, office buildings, banks, light industrial and similar uses E Educational facilities 50 F1 & F2 Structures in which occupants are 100 engaged in work fabricating, assembly or processing of products or materials 1-1 Residential care 10 Hospitals, ambulatory nursing home N/A 1-2 patients Employees, other than residential care 25 Visitors, other than residential care 75 1-3 Prisons N/A 1-3 Reformatories, detention centers, and 15 correctional centers 1-4 Adult day care and child care 15 M Retail stores, service stations, shops , 125 salesrooms, markets and shopping centers R-1 Hotels, motels, boarding houses (transient) N/A R-2 Dormitories, fraternities, sororities and 10 boarding houses (not transient) 19 R-2 Apartment house N/A R-3 One-and two-family dwellings N/A R-4 Residential care/assisted living facilities 10 S-1 Structures for the storage of goods, 100 S-2 warehouses, storehouse and freight depots. Low and moderate hazard 903. 1 Roof Extensions . Amend to read in its entirety: 903.1 Roof Extension. All open pipes that extend through a roof shall be terminated at least twelve inches above the roof, except that where a roof is to be used for any occupiable purpose, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Section 5. Section 5-81 of the Code is repealed in its entirety and reenacted to read as follows: Sec. 5-81 Sign and demolition permit fees. New or replacement signs shall have fees based on the valuation of the installation (total cost to the customer) and such fees shall be computed based on Table 1-A of the International Building Code. Demolition permit fees shall be fifty dollars ($50.00) per address. Single or double-sided sign face changes shall not be subject to sign fees . Section 6. Section 5-82 of the Code is repealed in its entirety and reenacted to read as follows : (a) Adoption. The International Property Maintenance Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fuel gas code of the City of Wheat Ridge. One copy of said International Property Maintenance Code shall be filed in the office of the city clerk and may be inspected during regular business hours . Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Property Maintenance Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Property Maintenance Code . 101.1 Title . Amend to read in its entirety: 20 101.1 Title. These regulations shall be known as the Properly Maintenance Code of the City of Wheat Ridge, hereinafter referred to as "this code." 111 Means of Appeal. Amend to read in its entirety: 111 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposedl Section 111.4 Failure to comply. Amend to read in its entirety: 111.4 Failure to comply. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. Section 302.4 Weeds. Amend to read in its entirety: 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however this term shall not include cultivated flowers and gardens. Section 303.2 Enclosures. Amend to read in its entirety: 303.2. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self- latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gate post. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 21 Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section . Section 304. 14 Insect screens. Amend to read in its entirety: 304.14 Insect screens. Insect screens shall be provided on every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch, and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed . Section 602 .3 Heat supply. Amend to read in its entirety: 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68 degrees in all habitable rooms, bathrooms and toilet rooms. Section 7. Section 5-84 of the Code is repealed in its entirety and reenacted to read as follows : (a) Adoption . The International Energy Conservation Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the energy conservation code of the City of Wheat Ridge. One copy of said International Energy Conservation Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Energy Conservation Code adopted by this section is amended as follows . Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Energy Conservation Code . C101 .1 Title. Amend to read in its entirety: 22 C101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." C1 03. 1 General. Amend to read in its entirety: C103.1 General. Construction documents and other supporting data shall be submitted in three or more sets with each application for permit. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. C108 Stop work orders. Amend to read in its entirety: C108 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be deemed to be in violation of this code. C1 09 Board of Appeals. Amend to read in its entirety: C109. Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. C110 Violation penalties. Add the following section: C110 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a 23 permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 8 . Section 5-85 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Residential Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the one-and two-family dwelling code of the City of Wheat Ridge. One copy of said International Residential Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Residential Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Residential Code . R101.1 Title . Amend to read in its entirety: R101.1 Title . These provisions shall be known as the Residential Code for One-and Two-family Dwellings of the City of Wheat Ridge, and shall be cited as such and will be referred to herein as "this code." R101.2 Scope . Amend to read in its entirety: R1 01.2 Scope. The provisions of the International Residential Code for One-and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one-and two- family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures. R105.2 Work exempt from permit. Amend to read in its entirety: R105.2 Work exempt from permit. Permits shall not be required for the following . Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in 24 violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly on grade if the capacity does not exceed 5, 000 gallons and the ration of height to diameter or width does not exceed 2 to 1 . 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that is not part of the scope of a larger permittable project. 7 . Prefabricated swimming pools that are less than 24 inches deep. 8. Swings and other portable playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support. 10. Hoop houses as defined in Section 3102.2 of the International Building Code that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 25 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring , devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating , cooking or clothes drying appl iances. 2 . Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid . Mechanical: 1. Portab le heating appliances. 2 . Portable ventilation appliances . 3 . Portable cooling unit. 4 . Steam , hot or chilled water piping within any heating or cooling equipment regulated by this code. 5 . Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6 . Portable evaporative cooler. 7. Self-contained refrigeration systems containing 10 pounds (4 .54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid . 26 Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe ; provided, however, that if any concealed trap, drainpipe , water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code . The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures , and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.5 Expiration . Amend to read in its entirety: R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each . The extension shall be requested in writing and justifiable cause demonstrated. R1 06. 1 Submittal documents. Amend to read in its entirety: R106.1 Submittal documents . Construction documents, special inspection and structural observation programs and other data shall be submitted in two or more sets with each application for permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist , the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. R108.2 Schedule of permit fees. Amend to read in its entirety: R1 08.2 Schedule of permit fees. On buildings , structures, electrical , gas , mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be pa id as required , in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as setforth in Table 1-A. 27 R108.3 Building permit valuations. Amend to read in its entirety: R108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the total value of all work, including foundation work, structural and non-structural building components, electrical, gas, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on data published on the City website, and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. R108.5 Refunds. Amend to read in its entirety: R1 08.5 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. R112 Board of Appeals. Amend to read in its entirety: R112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 28 R113.4 Violation penalties. Amend to read in its entirety: R113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair residential work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R114.2 Unlawful continuance. Amend to read in its entirety: R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars and shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R202 Definitions. Add the following text under the definition of "ROOF DECK": Solidly sheathed deck shall be defined as decking consisting of APA approved wood structural panel sheathing. Closely fitted deck shall be defined as decking consisted of APA approved wood structural panel sheathing or lumber sheathing conforming to the requirements of Table 503.2.1 .1 (1) in which no gap between members exceeds one-half of one inch. Spaced decking shall be defined as lumber sheathing conforming to the requirements of Tables 2304.7(1) through 2304.7(5) in which any gap between members exceeds one-half of one inch. Table R301.2(1): Climatic and Geographic Design Criteria . Table R301.2(1) shall apply as referenced in this code and is hereby completed as follows: 29 GROUND SNOW LOAD 30 PSF Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER AIR FLOOD DESIGN DESIGN UNDERLAYMENT FREEZING FROST HAZARDS SPEED TOPOGRAPHIC CATEGORY WEATHERING LINE TERMITE TEMP REQUIRED INDEX (MPH) EFFECTS DEPTH 105 YES B SEVERE 36 " SLIGHT 0 YES 1979 1500 FIRM R401.2 Requirements. Amend to read in its entirety: R401.2 Requirements . Foundation construction shall be capable of accommodating all loads according to Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted engineering practice. Gravel fill used as footings for wood and precast concrete foundations shall comply with Section R403. With the exception of prescriptive monolithic slabs less than 1 000 square feet in size for garages or similar non-habitable occupancies, foundation systems shall be designed, inspected and approved by a State of Colorado registered Structural Engineer. R602. 5 Interior non bearing walls. Amend to read in its entirety: R602.5 Interior nonbearing walls . Interior nonbearing walls shall be permitted to be constructed with 2-inch-by-3-inch (51 mm by 76 mm) studs spaced 24 inches on center. Interior nonbearing walls shall be capped with at least a single top plate . Interior nonbearing walls shall be fire blocked in accordance with Section R602.8. R602. 7.3 Nonbearing walls . Amend to read in its entirety: R602.7.3 Nonbearing walls . In interior and exterior nonbearing walls, a header constructed of two(2) 2-inch-by-4-inch members placed on edge shall be required over all openings spanning less than eight(8) feet. R703.6.1 Lath. Amend to read in its entirety : R703.6.1 Lath. All lath and lath attachments shall be of corrosion-resistant materials. Expanded metal or woven wire lath shall be attached with 11/2- inch long, 11 gage nails having a 7/16-inch head, or 7/8-inch-long, 16 gage staples, spaced at no more than 6 inches, or as otherwise approved. Whenever the wall sheathing is of code approved material capable of receiving and sustaining fasteners, lath fasteners shall be spaced at no 30 MEAN ANNUAL TEMP 45 more than 6 inches on center both horizontally and vertically, or as otherwise approved. R803.1 Lumber Sheathing. Amend to read in its entirety: R803.1 Lumber Sheathing . Allowable spans for lumber used as roof sheathing shall conform to Table 803 .1. Spaced lumber sheathing for wood shingle and shake roofing shall conform to the requirements of Section R905 .7 and R905 .8 . Spaced lumber sheathing is not allowed in Seismic Design Category D2. Lumber sheathing installed with any gap exceeding one-half inch shall not be considered to be solid or closely-fitted sheathing, and shall be defined as spaced sheathing. R807. 1 Attic Access. Amend to read in its entirety: R807 .1 Attic Access. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet and have a vertical height of 30 inches or more. The rough-framed opening shall not be less than 22 inches by 30 inches and shall be located in a hallway or other readily accessible location. A 30- inch minimum unobstructed headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches . See Section M1305 .1.3 for access requirements where mechanical equipment is located in attics . R905. 2. 6 Attachment. Amend to read in its entirety: R905.2.6 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive . Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM D 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161 , Class F . 905.2 . 7.1/ce barrier. Amend to read in its entirety:: 905.2.7.1 Ice barrier. An ice barrier complying with ASTM D1970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area . 31 R905.2.8.5 Other Flashing. Amend to read in its entirety: R905.2.8.5 Other Flashing. Flashing against a vertical front wall, as well as soil stack, vent pipe and chimney flashing, shall be applied according to the asphalt shingle manufacturer's printed instructions . A minimum 2-inch by 2-inch galvanized flashing shall be required at eaves of all roofs . Flashing shall be installed to as recommended by manufacturer or as necessary to seal gaps between roof sheathing and roof gutters . M1305. 1. 4 Appliances under floors. Amend to read in its entirety : M1305.1.4 Appliances under floors . Underfloor spaces containing appliances requiring access shall have an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches high and 22 inches wide, no more than 20 feet long when measured along the centerline of the passageway from the opening to the appliance. A level service space at least 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. If the depth of the passageway or the · service space exceeds 12 inches below the adjoining grade, the walls of the passageway shall be lined with concrete or masonry extending 4 inches above the adjoining grade in accordance with Chapter 4 . The rough-framed access opening dimensions shall be a minimum of 22 inches by 30 inches where the dimensions are large enough to remove the largest appliance . The finish opening dimensions of under floor accesses shall be a minimum of 20 inches by 30 inches . R101.1 Title. Amend to read in its entirety : R101.1 Title. These provisions shall be known as the Residential Code for One-and Two-family Dwellings of the City of Wheat Ridge, and shall be cited as such and will be referred to herein as "this code ." P2904 Dwelling Unit Fire Sprinkler Systems . Delete this section and all corresponding subsections in their entirety. P3103.1 Roof extension. Amend to read in its entirety: P3103.1 Roof extension. All open pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any occupiable purpose , the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Appendices. The following appendices are adopted in their entirety: Appendix A (IFGS): Sizing and Capacities of Gas Piping 32 Appendix 8 (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type 8 Vents Appendix C (IFGS): Exit Terminals of Mechanical Draft and Direct-vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix H: Patio Covers Appendix G: Swimming Pools in its entirety, with the following amendments: AG105.2 (1). Amend to read in its entirety: AG1 05.2(1 ). The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches . Section 9. Section 5-86 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Fire Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fire code of the City of Wheat Ridge. One copy of said International Fire Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. Only Appendices 8, D, F and I, published by the International Code Council are hereby adopted by reference. The 2012 International Fire Code shall be known as the "I.F.C." or the "fire code" and may be cited and referred to as such. (b) Amendments. The International Fire Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Fire Code. Section 102. 1 Construction and design._Amend to read in its entirety 33 102.1 Construction and design prov1s1ons. The construction and design provisions of this code shall apply to: 1. Structures, facilities and conditions arising after adoption of this code . 2. Existing structures and conditions not legally in existence at the time of adoption of this code. 3. Existing structures, facilities and conditions which, in the opinion of the fire code official, constitute a distinct hazard to life or property. 1 03.4. 1 Legal Defense. Amend to read in its entirety: 103.4.1 Legal Defense. Any suit instituted against any officer or employee of any fire protection district or any officer or employee of the City of Wheat Ridge because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the fire protection district or City by which he or she is employed by the legal representative of the fire protection district or City by which he or she is employed until the final termination of the proceedings. The fire code official, city officer or employee or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer or employee of the department of fire prevention or the City, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or reason of any acts or omission in the performance of official duties in connection therewith. 104. 1 General Authority and Responsibilities. Amend by adding the following subsection: 104.1.1 Responsibilities. The International Fire Code shall be administered and enforced by the Building Official of the City of Wheat Ridge and designated assistants, who shall perform the following functions: 1. Approval of plans for building new structures and remodeling of existing structures; 2. The inspection of all construction of new and remodeling of existing structures; 3. The destruction of unsafe structures; 4. Enforcement of the International Fire Code shall be by the Division of Fire Prevention of the Wheat Ridge Fire Protection District, the Life Safety Division of the Arvada Fire Protection District, or the designated office of West Metro Fire Rescue and the Fairmount Fire Protection District for the functions listed pertaining to each jurisdictions respective amendments. 34 5. The Fire Marshal or his designated representative shall be responsible, as the designee of the Building Official of the City of Wheat Ridge, for the administration and enforcement of the code and shall enforce all ordinances of the jurisdiction. 6 . Wherever this code refers to the Fire Code Official in the context of code administration it shall refer to the Fire Marshal, or his/her designee, of the respective fire district having jurisdiction enforcement, or designated representative of the Building Official of the City of Wheat Ridge or his/her designee . 7. Wherever this code refers to the Fire Chief, it shall refer to the Chief of the Wheat Ridge Fire Protection District, the Arvada Fire Protection District, West Metro Fire Rescue or the Fairmount Fire Protection District. Section 108 Board of Appeals. Amended as follows: 108.1 Board of appeals established. Appeals of decisions and determinations made by the Building Official or the fire code official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25 . 108.2 Limitations on authority. Unchanged and adopted as written . 108.3 Qualifications. Delete in its entirety. 109.4 Violation penalties. Amend to read in its entirety: 109.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The denial, suspension, revocation, or restriction of any permit or other privilege conferred by this code shall not be regarded as a penalty for purposes of this chapter. Section 111. 1 Order. Amend to read in its entirety: 111.1 Order. Whenever the building code official or fire code official finds any work regulated by this Code being performed in a manner contrary to 35 the prov1s1ons of this code or in a dangerous or unsafe manner, the building code official or fire code official, with the concurrence of the other code official, is authorized to issue a stop work order. Section 111.4 Failure to comply. Amend to read in its entirety: 111.4 Failure to comply. Upon notice from the code official, work that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease . Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 308. 1. 4 Open-flame cooking devices. Amend to read in its entirety: 308.1.4 Open-flame cooking devices. Charcoal burners and other open- flame cooking devices shall not be operated on or within 1 0 feet (3048 mm) of combustible construction. Exceptions: 1. One and two family dwellings. 2. Where buildings and decks are protected by an automatic sprinkler system . 3. LP-gas cooking devices having a LP-gas container with a water capacity not greater than 20 pounds. Section 315 General Storage . Amend by adding the following subsection : 315.3.5 Marking maximum permitted storage height. Identification of the maximum approved storage height shall be provided in areas where stacked or shelved storage of materials occurs . The maximum approved height will be based upon the presence and design of the fire sprinkler system . Maximum storage height identification shall consist of a minimum of a four (4) inch (101.6 mm) stripe on a contrasting background shall be placed at twelve (12) feet (3657 .6 mm) above the finished floor and clearly labeled with the designation: "No Storage Above This Line." Section 503. 2. 1 Dimensions. Amend to read its entirety: 36 503.2.1 Dimensions-Public and Private Streets. Public and private streets that are used for fire apparatus access shall have an unobstructed width that meets the dimensions and parking restrictions as set forth by the Street Standards adopted by the City of Wheat Ridge; and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). Section 503.2.1 Dimensions. Amend by adding the following subsection: 503.2.1.1 Dimensions-Private Drives. Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-six (26) feet (7924.8 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). Section 507.5.1 Where required (water supply). Amend to read in its entirety: 507.5.1 Where Required. Where a portion of a facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (90m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building. Onsite fire hydrants and mains shall be provided were required by the fire code official. Exception: 1. For buildings equipped throughout with an approved automatic sprinkler system in accordance with section 903.3.1 .1 or 903 .3.1.2 the maximum distance requirement shall be 500 feet (150 meters). Section 507. 5. 1. 1 Hydrant for standpipe systems. Amend to read in its entirety: 507 .5.1.1 Hydrant for sprinkler and standpipe systems. Buildings equipped with a sprinkler and/or standpipe system installed in accordance with section 903 or 904 shall have a fire hydrant within 150 feet (45 meters) of the fire department connection. Exception: The distance shall be permitted to exceed 150 feet (45 meters) where approved by the fire code official. Section 507. 5. 1. Where required (water supply) Amend by adding the following subsection: 507 .5.1.2 Location and spacing of hydrants. Fire hydrants shall be provided along required apparatus access roads and adjacent public streets with spacing between hydrants no greater than 300 feet. Fire hydrant spacing for complexes or subdivisions shall not exceed 300 feet. 37 Section 903.1 General. Amend by adding the following subsection: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. Section 903.4 .2 Alarms. Amend by adding the following subsection: 903.4.2.1 Audible and visual signals. Audible and visual fire alarm notification devices shall be connected to every automatic sprinkler system. Such audible and visual devices shall be activated throughout the building upon water flow. 904.11.6.2 Extinguishing system service. Amend to read in its entirety: 904.11.6.2 Extinguishing system service. Automatic fire-extinguishing systems shall be serviced at least every six months and after activation of the system. Inspection shall be by qualified individuals who shall forward a certificate of inspection to the fire code official as soon as reasonably practical upon completion . Pre-engineered systems that are not compliant with the UL 300 must be clearly noted on the certificate of inspection and must state if the system is serviceable and appropriate for its application per the existing system manufacturers listing and maintenance requirements. Section 904 Alternative Automatic Fire-Extinguishing Systems. Amend by adding the following subsection: 904.12 Residential cooking equipment. Installation of an approved residential fire extinguishing system shall be installed to protect the equipment when residential cooking equipment is installed within Group A, B, E, F, I, M, S, and R-4 occupancies. 912 .3.1 Locking fire department connection caps . Amend to read in its entirety: 912.3 .1 Locking fire department connection caps. Approved locking fire department connection caps shall be installed on fire department connections on all new water-based fire protection systems . Installation of approved locking fire department connection caps shall be required on existing water-based fire protection systems where there is a history of missing caps or interior obstructions of the fire department connection. 38 Section 1030.3 Obstructions. Amend by adding the following subsection : 1030.3.1 Exterior signage. Exit doors that could be obstructed or blocked from the outside shall be posted with a permanent sign on the exterior side of the door stating "EXIT DOOR-DO NOT BLOCK ." The sign shall consist of letters having a principal stroke of not less than three-fourths (3/4) inch (19 mm) wide and at least six (6) inches (152 mm) high on a contrasting background . 1101.1 Scope . Amend to read in its entirety: 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code that in the opinion of the fire code official, constitute a distinct hazard to life or property . 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Amend to read in its entirety: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Chapter 26 of the Wheat Ridge Municipal Code of Laws . 5706.2.4.4 Locations where above-ground tanks are prohibited. Amend to read in its entirety: 5706.2.4.4 Locations where above-ground tanks are prohibited . The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Chapter 26 of the Wheat Ridge Municipal Code of Laws. 5806.2 Limitations. Amend to read in its entirety: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings shall conform to the geographic limits established by Chapter 26 of the Wheat Ridge Municipal Code of Laws . 6104 .2 Maximum capacity within established limits . Amended to read in its entirety: 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2 ,000 gallons within the City of Wheat Ridge . 39 Chapter 80 Referenced standards. Amend by adding a subsection titled Insurance Service Office and listing the following standard : INSURANCE SERVICE OFFICE Insurance Service Office 545 Washington Boulevard Jersey City , NJ 0731 0-1686 Insurance Service Office Guide for Determining Fire Flow, Fire Suppression Rating Schedule May 2008. Appendix B Section B 105. 1. Amend to read in its entirety:: 8105.1 One-and two-family dwellings. The minimum fire-flow and flow duration requirements for one-and two-family dwelling having a fire-flow calculation area that does not exceed 3,600 square-feet (344 .5 square- meters) shall be 1,500 gallons per minute (5678 Umin) for 1 hour. Fire- flow and flow duration requirements for one-and two-family dwelling having a fire-flow calculation area in excess of 3,600 square-feet (344.5 square-meters) shall not be less than that specified in Table 8105.1. Exception: A reduction in required fire-flow of 50 percent , as approved by the fire code official , is allowed when the building is equipped with an approved automatic fire sprinkler system . Appendix B Section 8105.2. Amend to read in its entirety : 8105.2 Buildings other than one-and two-family dwellings. The minimum fire-flow and flow duration requirements for buildings other than one-and two-family dwellings shall as specified in Table B 1 05.1. Exception: A reduction in required fire-flow of 50 percent, as approved , is allowed when the build ing is equipped with an approved automatic fire sprinkler system installed in accordance with Section 903 .3.1.1 or 903 .3.1.2. The resulting fire -flow shall not be less than 1 ,500 gallons per minute (5678 Umin) for the prescribed duration as specified in Table 8105 .1. Appendix D Section D102.1Access and loading. Amend to read in its entirety : 0102.1 Access and loading. Facilities , buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driv ing surface capable of supporting the imposed load of fire apparatus weighing at least 85 ,000 pounds (38636 kg). 40 Appendix D Section 0103.5 Fire apparatus access road gates. Amend to read in its entirety: 0103.5 Fire apparatus access road gates. Gates securing fire apparatus access roads shall comply with all of the following criteria: 1. The minimum gate width shall be 16 feet (4877 mm) or as wide as necessary to facilitate the required turning radius. 2. Gates shall have an approved means of automatic operation upon approach of emergency equipment. 3. Gates shall be of the swinging, sliding, or specifically approved lift type. 4. Construction of gate shall be of materials that allow manual operation by one person. 5. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 6. Electric gates shall be equipped with a Knox electronic override switch for all inbound directions of travel and any outbound direction of travel where automatic opening of the gate when a vehicle is present does not occur. 7. Manual opening gates shall not be locked with a padlock, or chain and padlock, unless they are provided with a Knox padlock in series with the padlock, or chain and padlock. 8 . Locking device specifications shall be submitted for approval by the fire code official. 9. Electric gate operators, where provided, shall be listed in accordance with UL 325. 10. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. 11. Electronically operated gates must stay open a minimum of 30 seconds when the Knox electronic override switch is turned on/off and must remain in the open position when the switch is turned on and left on. 12.A Knox fire department decal shall be placed adjacent to the Knox electronic override switch unless other approved fire department marking is provided. 41 Section 10. Section 5-87 of the Code is repealed in its entirety and reenacted to read as follows: (c) Adoption. The International Fuel Gas Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fuel gas code of the City of Wheat Ridge. One copy of said International Fuel Gas Code shall be filed in the office of the city clerk and may be inspected during regular business hours . Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (d) Amendments. The International Fuel Gas Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Fuel Gas Code . 101. 1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Wheat Ridge, hereinafter referred to as "this code." 106.5.3 Expiration . Amend to read in its entirety : 106.5.3 Expiration . Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee schedule. Amend to read in its entirety : 106.6.2 Fee Schedule. The fees for work done pursuant to this code shall be as set forth in Table 1-A. 106. 6. 3 Refunds. Amend to read in its entirety: 106.6.3 Refunds. The code official shall authorize the refunding of fees as follows: 1 . The full amount any fee paid hereunder that was erroneously paid or collected . 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 42 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume . Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An 43 application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 406.4 Test pressure measurement. Amend to read in its entirety: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum pressure range of 150 psig, except for one and two-family dwellings , which shall have a maximum range of 30 psig and shall display measurements in 1 psig increments. 406.4. 1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1-1/2 times the working proposed maximum working pressure, but not less than 20psig, irrespective of design. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe . 406.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall be not less than one-half hour for each 500 cubic feet of pipe volume or fraction thereof, except for one and two-family dwellings, which shall a test duration of not less than 15 minutes. The maximum test duration shall not be required to exceed 24 hours . Appendices. The following appendices are adopted in their entirety without amendment: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents Appendix C (IFGS): Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation 44 Section 11. Section 5-88 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adopted. The NFPA 99 Standards for Health Care Facilities 2015 Edition, Copyright by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269 is hereby adopted by reference thereto and incorporated into this article as though fully set out herein as the health care facilities code for the city. Except as otherwise provided in this article, such code is adopted in full, including the index and annex contained therein. One (1) copy of said Standards for Health Care Facilities 2015 Edition shall be filed in the office of the clerk and may be inspected during regular business hours. (b) Amendments. None Section 12. Table 1-A concerning building permit fees and other related fees, attached hereto as Attachment 1, is hereby adopted; provided, however, the City Council may amend the same from time to time by motion or resolution. Section 13. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 14. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 8th day of September, 2014, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 13, 2014 at 7:00 p .m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this day of , 2014. SIGNED by the Mayor on this __ day of _____ , 2014. Joyce Jay, Mayor 45 ATTEST: Janelle Shaver, City Clerk First Publication : September 11 , 2014 Second Publication: Wheat Ridge Transcript Effective Date : Approved as to Form Gerald E. Dahl, City Attorney 46 Attachment 1 2012 Table 1-A -Building Permit Fees Total Valuation Fee $1 .00 to $500.00 $26 .50 $501 .00 -$2,000.00 $26 .50 for the first $500 .00 plus $3 .40 for each additional $100 .00 , or fraction thereof, to and including $2 ,000 .00. $2 ,001 -$25 ,000 .00 $77 .50 for the first $2,000 plus $15 .85 for each additional $1,000.00 , or fraction thereof, to and including $25,000 .00. $25 ,001 .00 -$50 ,000 .00 $442 .05 for the first $25,000.00 plus $11 .50 for each additional $1 ,000 .00 , or fraction thereof, to and including $50 ,000 .00 . $50 ,001 .00-$100,000 .00 $729 .55 for the first $50 ,000 plus $8 .05 for each additional $1 ,000 .00 , or fractions thereof, to and including $100,000 .00 . $100 ,001 .00 -$500 ,000 .00 $1132 .05 for the first $100 ,000.00 plus $6 .45 for each additional $1 ,000 .00 , or fraction thereof, to and including $500,000.00 . $500 ,001 .00-$1 ,000,000.00 $3712 .05 for the first $500 ,000.00 plus $5.50 for each additional $1 ,000.00 , or fractional thereof, to and including $1 ,000 ,000 .00 . $1 ,000 ,001 .00 and up $6462 .05 for the first $1 ,000 ,000.00 plus $4 .10 for each additional $1 ,000 .00 , or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours (two hour minimum) $60 .00 per hour (1) 2 . Re-inspection fees $60.00 per hour (1) 3. Inspections for which no fee is specifically ind icated (one hour minimum) $60 .00 per hour (1) 4 . Additional plan review requ ired by changes , additions or revisions to plans $60.00 per hour (1) *(two hour minimum) 5. For use of outside consultants for plan checking and inspections , or both Actual costs (2) 6 . A fee equal to the permit fee shall be applied to all permits for work initiated pr ior to issuance of the requ ired permit (1) Or the total hourly costs to the jurisdiction , whichever is the greatest. This cost shall include supervision , overhead , equipment, hourly wages and fringe benefits of the employee(s) invo lved. (2) Actual costs including administrative and overhead costs. Fees for specific projects shall be as listed below, plus use taxes based on project valuation: Residential Furnace/Boiler Replacement $40.00 Residential Water heater replacement $40.00 Backf/ow device for Residential/awn irrigation $40.00 Residential Evaporative Coolers $40.00 47 Residential Window Replacement $50.00 Demolition Permit $50.00 Residential Hot Tubs and Above-Ground Pools $60.00 Residential Air-Conditioning $60.00 New Residential Furnace/Boiler installation $100.00 (non-replacement) * Prices are exclusive of applicable use taxes based on valuation 48 ~. ~ .. ~ • r . C ity of • JP"WheatRi_dge ITEM NO: DATE: October 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 54-2014 A RESOLUTION ESTABLISHING A STREET WIDTH FOR TABOR STREET FROM 49th A VENUE TO RIDGE ROAD (8J PUBLIC HEARING D BIDS/MOTIONS (8J RESOLUTIONS QUASI-JUDICIAL: Director of Public Works ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES The City of Wheat Ridge, a Gold Line partner, was selected to receive federal funding for access and safety improvements to Tabor Street from the I-70 Frontage Road North to Ridge Road through the Regional Transportation District (RTD) and Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP). The funding facilitates a project to widen and improve Tabor Street to provide improved vehicular, bicycle, and pedestrian access to the commuter rail station at Ward Road. The City is well underway with the design work, and as part of the implementation process, a street width designation is required in accordance with the provisions ofthe City Charter. Construction is expected to commence in 2015 with completion prior to opening of the Wheat Ridge Gold Line/Ward Station in 2016. PRIOR ACTION: On March 22 , 2014, the City Council approved an Intergovernmental Agreement (IGA) with RTD to assist in advancing the project process and assign responsibilities and obligations of each agency. On August 25 , 2014, the City Council approved a resolution amending the fiscal year 2014 Capital Investment Program budget to reflect the approval of a supplemental budget appropriation to fund property acquisition services for the project, which also provided for the hiring of a consultant to assist with the right of way acquisition process. More recently, on August 27 , a neighborhood informational meeting was held to discuss the proposed improvements with neighboring property owners and CAF-Tabor Street Width Desi gnation October 13 , 2 014 Page 2 stakeholders. Feedback received at the informational meeting was generally very positive. FINANCIAL IMPACT: Funding for this project is provided by a grant from RTD in the amount of$740,228 for the entire project. The funding arrangement requires the City to fund the project costs and seek reimbursement upon completion. Funding for this program has been approved in the Gold Line Station Street Project line item of the 2015 Capital Improvement Program Budget in the amount of$740,000. BACKGROUND: In 2004, voters approved the FasTrack plan which directed RTD to construct Light Rail and Commuter Rail Transit services, lines, related stations, maintenance facilities and enhanced bus service throughout the Regional Transportation District. The Gold Line was identified as one of five corridors in the plan and is currently under construction. The local agencies through which the Gold Line is being constructed are: Denver, Arvada, Wheat Ridge, and Adams County. Wheat Ridge and RTD jointly agreed , along with the other Gold Line Partners, to the allocation of$740,228 of those DRCOG TIP funds to Wheat Ridge for its performance of certain base improvements as part of the Gold/NWES corridor project. More specifically, these improvements are designated for Tabor Street in the vicinity of the Ward Road Station . Tabor Street serves as the key local access from the south since the rail line itself serves as a barrier that prohibits all adjacent access to the station. This improved street will provide users better access to the station from existing and future developments immediately south of the rail line and the broader nearby area. Thus, it is crucial that Tabor Street be upgraded to accommodate all modes of transportation to access the station . This project will provide new bike lanes , continuous sidewalks , and lighting in the subject segment. An Intergovernmental Agreement was executed between the City of Wheat Ridge and RTD which provided funding to Wheat Ridge in the amount of $740 ,228 in Federal Highway Administration (FHWA) funds . These funds were then transferred by the FHWA to the Federal Transportation Authority (FTA) to be administered by DRCOG through RTD for Wheat Ridge 's improvements. The funds are intended to help enhance the unimproved land surrounding the crossing of the rail line at Ward Road Station and Tabor Street and provide other access and safety improvements adjacent to the area. Some right of way acquisition is also needed to provide for the street improvement. The City of Wheat Ridge has already entered the design phase to reconstruct Tabor Street between 1-70 Frontage Road North and Ridge Road in preparation for the Gold Line Crossing. The City is performing the majority ofthe design work and providing most of the construction oversight. The actual widening that requires street width designation will take place between 49th A venue and Ridge Road . CAF-Tabor Street Width Designation October 13 , 2014 Page 3 RECOMMENDATIONS: Street Width Designation and Process Approval of a revised street width is required in accordance with Section 5.20 of the City Charter. A change or revision to the width of any street has been reviewed in accordance with the City Code, Section 21-3, as follows: 1. Flow line a. The "flow line" defines the width of the street and can be described as the face of curb to face of curb distance. This has been interpreted/understood to include any on-street parking. b. The existing flow line width for Tabor Street at this location is generally difficult to define since the existing street is a rural section without curb and gutter. However, the existing pavement width varies generally from 25 to 34 feet, and a defined flow line can generally range from between the pavement edges to more defined swales or sheet drainage in some locations. The proposed new construction provides for a flow-line width (face of curb to face of curb) of 41 feet. This section width provides for two ten foot wide travel lanes, an eleven foot wide center continuous left tum lane, and five foot wide bicycle lanes in accordance with the multi-modal service design as previously accepted (Attachment 2). 2. Street Reconstruction a. Street reconstruction is defined per the City Code as at least 250 feet long and includes the removal of existing pavement, curb, and/or gutter and construction of the same. 3. Public Hearing Process a. No earlier than one year prior to reconstruction, a public hearing is required to designate a change in street width. b. After the public hearing on October 13, 2014, construction in at least some fashion must occur by October 13,2015. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed to a contractor who has been awarded a contract through the public bidding process. c. Upon approval of a street width designation at the public hearing, citizens who may wish to protest must follow a procedure per City Charter that involves a petition process. Additional Considerations/Next Steps Should the City Council adopt a revised street width on October 13, construction must commence within one year as required by City Code. As a result, the project development schedule currently being followed must be maintained in order to meet that timeline. Since staff is already well into the design and property acquisition process, the maintaining of this timeline and project delivery is very doable at this stage, pending any unforeseen issues. CAF -Ta b or Street Wi dth D esignation Octo ber 13, 20 14 Page4 RECOMMENDED MOTION: "I move to approve Resolution No.54-2014 a resolution establishing a street width for Tabor Street from 49th A venue to Ridge Road in accordance with Attachment 2. Or, "I move to postpone indefinite!~ Resolution No . 54-2014, a resolution establishing a street width for Tabor Street from 49t A venue to Ridge Road for the following reason(s) ____________________ _ REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Steve Nguyen, Engineering Supervisor Mark Westberg, Engineering Project Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 54-2014 2. Tabor Street Typical Section Map CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 54-2014 Series of 2014 TITLE: A RESOLUTION ESTABLISHING A STREET WIDTH FOR TABOR STREET FROM 49th AVENUE TO RIDGE ROAD WHEREAS, the City Council approved an Intergovernmental Agreement with RTD on March 22, 2014 to improve Tabor Street from the 1-70 Frontage Road North to Ridge Road; and WHEREAS, the City Council approved a resolution on August 25, 2014 amending the fiscal year 2014 Capital Investment Program budget to fund property acquisition services for the project, which included hiring HC Peck to assist with the right of way acquisition process; and WHEREAS , City staff has completed preliminary plans for the project that establishes a new street width on Tabor Street from 49 1h Avenue to Ridge Road; and WHEREAS, City Charter Section 5.20 designates the City Council as the sole authority to determine the width of all city streets within the boundaries of the City of Wheat Ridge; and WHEREAS, within one (1) year prior to construction or reconstruction of a street, the City Council shall hold a public hearing and adopt the new flow line of said street as the street's official street width designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. New Street Width Designation. Pursuant to the authority vested in it by Charter Section 5.20, the City Council hereby designates the street width for the portion of Tabor Street between 49th Avenue and Ridge Road as forty one (41) feet. Section 2. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 OAAY'MB'f ------ DESIGN av _____ _ CHK"'B'f ...... CM:D """~ """' CAll UTILITY NOTIFICATION CENT£11: ~ COlOftADO 1..eCIO-i'22·1te7 tllu-DOI¥11<1,_. ...,..'11:111_.,.,..~ ()I~"W-rMI--OJ -~~ w :h~~~e O£PAATM£HT OF PVIUC WOftK I 7500 Vwf:ST 21TH AVENUE ~EAT RIDGE COlOftAOO TELEPHONE Cl03) 2~2&61 FAX (303)23S.1M7 . - 1 .. 1~1 -"~-I • .-~. I ..:. l.e:l .. l ... I 1::: ATTACHMENT 2 TABOR STREET SHEET 1 1 N .. c • E .c c,) "' ~ ... ~A~ .... ~ ., City of • r wheatRi_dge ITEM NO:~ DATE : October 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2014 -AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: /.-r7 / ~ ./ ~/ City Attorney ISSUE: [XI ORDINANCES FOR 1sT READING (10 /13/2014) 0 ORDINANCES FOR 2ND READING (10/27 /2014) n YES City Manager A temporary moratorium on the submission , acceptance, processing and approval of applications related to marijuana businesses (both medical and retail) is currently in place in the City. The current moratorium was adopted to maintain the status quo of current marijuana-related businesses within the City while the City Council reviews , evaluates and amends , if desired , the City 's regulations concerning marijuana-related businesses. The City Council is in the midst of conducting this review and evaluation , which is unlikely to conclude prior to the expiration of the current moratorium on November 17 , 2014 . This ordinance adopts a ninety (90) day moratorium that commences simultaneously with the expiration of the current moratorium. PRIOR ACTION: None, except as described above. CAF-Marijuana Business Moratorium October 13 ,2014 Page 2 FINANCIAL IMPACT: The loss of license, permit, application and similar fees associated with marijuana-related businesses seeking approvals from the City is likely nominal. The potential loss of marijuana- related business revenue to the City as a result of such businesses locating elsewhere, in the form of sales taxes and the City's share of excise tax, is unknown. BACKGROUND: In 2011 and 2013 , respectively, the City Council adopted local regulations governing medical marijuana businesses and retail marijuana businesses. Each set of regulations requires such businesses to obtain a local license to operate, in addition to the state license required by state law , and imposes limitations on where such businesses may locate within the City. As a result of recent expressed interest in locating marijuana-related businesses in permissible locations , City residents have expressed concern over the appropriateness of the current location restrictions. Having now had a few years of experience in the regulation of marijuana-related businesses , the City Council determined that it was also appropriate and necessary to evaluate the existing marijuana regulations generally. The review and evaluation process is time- consuming, from staff time to research and prepare materials to the Council 's time in conducting meetings , often with extensive public comment. This ordinance extends the moratorium for an additional 90 days to pennit the Council adequate time to thoughtfully complete its review , evaluation and amendment , if deemed necessary, ofthe City's existing marijuana regulations. OPTIONS FOR COUNCIL ACTION: 1. Approve the ordinance as presented on first reading ; 2. Approve the ordinance on first reading with amendment(s); or 3. Postpone consideration of the ordinance indefinitely. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 14-2014 on first reading, order it published , public hearing set for Monday, October 27 ,2014 , at 7:00p.m. in City Council Chambers , and that it take effect fifteen (15) days after final publication ." Or, "I move to postpone indefinitely Council Bill No. 14-2014 for the following reason(s) " REPORT PREPARED AND REVIEWED BY; Carmen Beery, City Attorney's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ COUNCIL BILL N0.14-2014 ORDINANCE NO. __ _ Series 2014 TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014 , the Council adopted a temporary moratorium on certain City approvals necessary to establish and operate marijuana establishments in the City for the purposes of permitting the Council to study and evaluate existing local regulations; and WHEREAS, for the reasons stated in said Ordinance No. 1554, which Council finds to continue to exist as of the effective date of this Ordinance, the Council desires to impose an additional moratorium on City approvals related to marijuana businesses, as further set forth herein, to commence upon the expiration of the moratorium imposed by Ordinance No. 1554 and expire ninety-one (91) days thereafter; and WHEREAS, the imposition of an additional ninety (90) day moratorium on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval is reasonable in time and scope and would not cause an unnecessary hardship upon or unreasonably prejudice any party. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Attachment 1 Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Temporary Moratorium. A temporary moratorium is hereby imposed on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval for any medical marijuana establishment or retail marijuana establishment, as both terms are defined by Chapter 11 of the Wheat Ridge Code of Laws ("Code"). The City staff is directed to refuse to accept for filing, and not to further process or review any pending applications or requests for such establishments during the moratorium period. Section 3. Duration. The moratorium imposed by this ordinance shall commence on November 17, 2014 and shall expire on the ninety-first (91 51 ) day thereafter. Section 4. Exemption for Pendina Applications. This ordinance shall not apply to the processing and final action by the City upon any application for a City land use approval, permit or license for any medical marijuana establishment or retail marijuana establishment, which application was received by the City prior to 5:00 p.m. on August 18, 2014. Such applications shall be processed and acted upon pursuant to the City regulations in effect on the date of their respective submittals . Section 5. Staff to Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this ordinance, City staff shall continue to review and analyze the City's existing regulations governing medical marijuana establishments and retail marijuana establishments, as directed by the Council, and present any proposed amendments thereto to the Council. The Council declares that it will give due and timely consideration to any such recommended changes to the Code . Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter . INTRODUCED, READ, AND ADOPTED on first reading by a vote of to __ _ on this 131h day of October, 2014, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, October 27, 2014, at 7:00p.m., in the Council Chambers, 7500 West 29th Avenue , Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this ___ day of _________ , 2014 . Joyce Jay, Mayor ATTEST : 2 Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved as to Form Gerald E. Dahl, City Attorney 3 ~ ~ ~ ... " "' City o f JP'WheatRl__dge ITEM NO:~ DATE: October 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT KIPLING STREET RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENTS FROM ADJACENT PROPERTY OWNERS ALONG PROJECT SEGMENT 0 PUBLIC HEARING [8] BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: Director of Public Works ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES The City was awarded federal funding for a multi-use trail project on Kipling Street from 32nd Avenue to 44th Avenue through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) in March 2011. The project involves the construction of a trail to accommodate pedestrians and bicyclists. Construction plans have essentially been completed and are awaiting approval by CDOT and FHWA. The right of way acquisition is also essentially complete with the assistance of the City 's consultant, Bohannan Huston. A substantial number of right-of-ways parcels and temporary construction easements have been acquired through the right-of-way (property acquisition) process . The Kipling Street Trail construction requires utilization of street right-of-way and easements obtained from various property owners along the project segment. Property owners have conveyed to the City the necessary right-of-way by warranty deed , and have provided temporary construction easements where needed. CAF-Kipling Street Right-o f-w a y Octob er 13, 2014 Page 2 PRIOR ACTION: On October 10, 2011 , the City Council approved an Intergovernmental Agreement (IGA) with CDOT to assist in advancing the project process and assign responsibilities and obligations of each agency. On July 23 ,2012 , the City awarded a contract to Bohannan Huston to assist the City in identifying specific right-of-way acquisition needs and the design of the pedestrian bridge over Clear Creek and other structural features. On January 13 , 2014, the City Council approved a resolution authorizing commencement of the right-of-way acquisition procedure. FINANCIAL IMPACT: City Staff is responsible for administration of the design and construction with reimbursement of 78% (federal funds) of all construction related costs , not to exceed $2 ,473 ,000, administered by CDOT. While the project cost is not anticipated to exceed the project estimate, any unlikely shortfall will be provided by the City. A budget line item , titled Kipling Pedestrian Improvements is included within the Capital Investment Program (CIP) Budget to finance the project. Specifically, $2,835 ,000 has been allocated in 2014 for both construction and completion of design and the right-of-way acquisition process. At this time, the right-of-way acquisition cost (not including engineering and professional services) is estimated to be approximately $180,000. The total estimated project cost at this time, including engineering, construction, and right-of-way is $3 ,178 ,000. BACKGROUND: In October 2010, the City applied to the Denver Regional Council of Governments for Federal transportation funds available for fiscal years 2012 through 2017 to help finance the construction of a multi-use trail on Kipling Street from 32nd to 44th A venue. DR COG awarded the grant application in March 2011. This project will provide a new pedestrian and bicyclist facility which will connect Crown Hill Open Space, Discovery Park , the Wheat Ridge Recreational Center, and the Clear Creek Trail. This facility will also improve the safety for users as a result of a new wide trail. The proposed trail construction is the #1 priority in the City's Bike and Pedestrian Master Plan . In conjunction with the project, the City requested that Xcel Energy, Comcast, and Century Link bury the overhead lines from 32nd Avenue to 35th Avenue, so up to three feet of additional ROW has been obtained. The City is responsible for completing the construction plans and obtaining all required clearances for utilities , environmental approvals, and right-of-way acquisitions. The Colorado Department ofTransportation (CDOT) will administer the project's Federal funding , while the City will manage the project design and construction. CAF-Kipling Street Right-of-wa y October 13, 2014 Page 3 To date, all of the necessary rights-of-way and easements have been acquired with the exception of three properties along the project segment. These remaining parcels are in progress of moving toward closing and will be brought forth for formal acceptance by the City Council at a later date. The project construction is expected to commence in January 2015. RECOMMENDATIONS: Staff recommends the deeds and easements be accepted by the City. RECOMMENDED MOTION: "I move to accept the Kipling Street right-of-way and temporary construction easements from adjacent property owners along the project segment." Or, "I move to deny acceptance the Kipling Street right-of-way and temporary construction easements from adjacent property owners along the project segment for the following reason(s) REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Kipling Street Deeds " 2. Conveyance and Assignment of Temporary Easements 3. Right-of-way Plans ) 2014078316 91171201412:12 PM PGS 2 $16.00 OF $0.00 Electroni cally Recorded Jefferson Co..nty, CO Pam Anderson , Oer1< and Recorder T D1000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated September 17, 2014, is between Jack E. Howud of the REQUIRED County of Jefferson and State of Colorado, (~Grantor"), and the City of Wheat CITY OF WJIEAT RIDGE JS Ridge, Colomdo, a home rule municipal corporation, whose address is 7500 W. EXEMPT 29111 Avenue, Wheat Ridge, CO 80033 ("Grantee"): WITNESS, that the Grantor, for and in coosidom~tion of the sum of THREE THOUSAND NINE HUNDRED SIX AND NO DOLLARS ($3,906.00), the receipt and sufficiency of which ia hereby acknowledged, hu granted, bargained, sold and conveyed, and by these preaents does grant, bargain. sell, convey and confirm nnto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, descnbed as follo4: SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF Assessor's schedule or parcel number: 39-272-00-043 (part of) Address: Vacant Land, Wheat Ridge, CO 80033 (put of) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in lo.w or equity, of, in ond to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD tha ·snid premises above bargained and dcscnbed, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee , its successors and assigns, that at the time ofthe ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes , assessments, encumbrnnces and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, ita successors and assigns, against all and every penon or persons lawfully claiming the whole or any put thereof, c:x:cept for all matters of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF JEFFERSON ,.,.. ____ """/a""l,.,.yofS-,Wl<,,.JdE.....,_ Witnessmyhandandofficial seal. ~ Q ~g M.. €L My coJlllllission expires: Notary Public\ MICHELE A SPENCER NOTARY PUBUC STATE Of COLORADO NOTARY 10 19984(130370 2018 t MY COMMISSION EXPIRES N\N. 02, z. Name and Address ofPerson Creating Newly Created Legal Description (§38-35-106.5, c.R.S.) No. 93ZA. Rev. 4-94. W ARRAKl'Y DEED (For P•oto1J11plllc: R>:<onl) (Pace! or I) ATTACHMENT 1 EXHIBIT"A" PROJECT CODE118583 PROJECf NUMBER: STU 391A-()08 PARCEL NUMBER1 RW-1 DA'l'E; DE~;EI,l.16, 2(113 LEGAL D~CR:IETI<;>N A tract or paicel of land No, R W-1 of tho Pepartmlll!t ofTransportation, State of Colorado, Project CodQ 1858-3, Project Number STir 391A-OQ8, containing 434 square feet (0.010 acres), mo:re or l~.ss, in tlleNW ~ ofSe<;tion 27, Township 3 South, Range 69 West, of the 6th.Princlpa) Meridian, Jeffersojt Coupty, Colorado, said tract or parcel b~ing more particularly d~ctibed as follOWll: BEGlNNING at a ppint on the east line ofP&(Cel163, ~tabllshed by Project U 044-I(3) Section 2, w!lence the Wc:;t QuartcL·Com~r ofSection '2:1, being u3 14 "brass-cap stamped "City of WheatRidgd LS 132121', bears Sl3°57'29"W1 ~rdistancoof2Q4.27 fi:et; 1. Thence N89°29'45"E a distance of tSQ ~et; 2, Thence S01°06152"E a distance ofl58.05 :tllet to a point on 'the north line ofa parcel efland as tecoi;ded in the Cl~rlc ~~nd Reconler's-office of Jeffi:rson County, Stato of Colorado, ~tion No. 2008056363; 3. The11ce NiW58'5l''W alo11g themorth line ofsald p!UCCI (ReCQptionNo. 2008056363) a distance of 4.0Q feet to a pOint on the east line ofsat4 p~el163; 4. Th.e11ce N00°12.';38"W, along East line of said parcell63 a di~tance of 151.80 feet to the l'OINT QFBEG'mNJNG. The above described p!UCCl contains 434 square feet (0 .010 acres), more or less. BE!Sis of Beatings; All bearings are based on the Colorado State Plam: NAD83/92 Central Zone OSOZhaving a grid bearing ofli0DQ12'38"W along the West line ofth11 Northwest On«>-Quarter of Section. 27, TownsfUp 3 South, Rru!ge 69 West of tho 6th Prin.cipal Meridi!llT. S~d line is monutnenfed at the West Quarter Corner by a ~veted.314" Brass Cap in a monument bo)( at the intersection of West 32nd Avenue and Kipling street (Stamped~ City of Wheat Ridge LS13212) and at the North.westcornet ofSect\ol) 27 by a n~covered3'l'<'' Bmss Cap in a monument box at tbe inteh>C:ction of West 38th Avenue and Kipling Street (Stamped-City of Wheat Ridge LS B212). The survey data was obtained from a Global Positioning System (OPS) Survey based on the City of Whea~ Ridge Survey Control Network. For and on. behi!U' of Boh~an-Huston,1no John W. Doty, PLS 37993 9785 Mal:oon Circle, Suire 140 Englewood, CO 80112 Office: 303-799-5103 WARRANTY DEED THIS DEED, dated A~r l(l , 2014, is between Fern Lucille Oement, sole heir at law of ~M. West, deceased of the County of Jefferson and State of Colorado, ("Grantor''), and lhe City of Wheat Ridge, Colorado, a home rule municipal corporation, whose address is 7500 W . 29 111 Avenue, Wheat Ridge, CO 80033 (''Grantee''): 2014064868 8/6/2014 1:03PM PGS 2 $16.00 OF$0.00 Electronically Recorded Jefferson ColOlty . CO Pam Ande rson . Cieri< and Recorder TOt ooo N NO DOCUMENTARY FEE REQUIRED CITY OF WHEAT RIDGE IS EXEMPT WITNESS, that the Grantor, for and in consideration of the sum of FIVE HUNDRED EIGHTY FIVE AND NO DOLLARS ($585.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain; sell, convey and confirm unto the grantee, ill; successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART THEREOF TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances . TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivety of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever Jcind or nature soever, oxcapt for allllllltters of record. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lnwfully claiming the whole or any part thereof, except for all matters of record. IN WITNESS WiiE.R.EOF, the Grantor has executed this deed on the date set forth above . • ;z~Qr¢.1 ~.,:u.e c~~ Fern Lucille Clc~~ole heir at law ofCiara M. est, deceased STATE OF COLORADO COUNIYOF \f~~ . :HI The foregoing instnuncnt was aclcnowledged before me this ~day of _B.J9=.o:::::=-.~~s±-....,_;...__ _ __,, 2014, by Fern Lucille Clement, sole heir at law of Clara M West, deceased. ...) Witness my hand and official seal. My commission_bxpires: COLLEEN M BREWER NOTARY ~>IJ BUC STATE OF COLORADO '(QQMM, liXR~11 4JM~tr= Name and Address of Person Creating Newly Created Legal Description (§38-35-106 .5, C.R.S .) No. 932A. R<Y. 4·94. WARRANTY DEED (For Photocropblc Record) (Poco 1 of I) EXBIDIT"A" PROJECT CODE: 18583 . PROJECT NUMBER: Sl'U 391A-008 PARCEL NUMliER: RW-4 DATE: DECEMBER16,2013 LEGAL DESCRIPIION A tract or parcel of land No. RW-4 of the Department of Transportation, State of Colorado, Project Code 18583, Project Number STU 39IA..Q08, containing 65 square feet (0.002 acres), more or less, in the NW Y. of Section 27, Township 3 South, Range 69 West, of tho 6th Pr.incipal Meridian, Jefferson County, Colorado, 3aid tract or parcel being more particularly described as follows: BEGINNING at the Northeast corner ofParcell53 established by Project U 044-1(3) Section 2, also being a point on the South line ofHillbaven Subdivision as recorded in the Clerk and Recorder's office ofJefferson County, State of Colorado, Reception No. 51503097, whence the West V. Comer of Section 7:1, being a 3 V." brass cap stamped "City ofWheat Ridge LS 13212", bears S03"30'47"W, a distance of692.89 feet; 1. Thence N67~29'22"E along the South line of said Hillbaven Subdivision a distance of2.15 feet; . 2.. Thence departlng said south !inc and parallel with the West line of the NW V. ofsection27 S00"12'38"E a distance of32.37feet to the South line of Rocky Mountain Dltch as established by Project U 044-1(3) of the Colorado Dept. ofTransportatlon; 3, Thence S66"43 '40"\V along the South line of said Rocky Mountain Ditch a distance of2.17 feet to a point on the east line of said Parcel 153; 4. Thence N00"12'38"W, along tho east line ofsald Parccl153, pMa!lcl wlth the West line of the Nonhwest V. of section 27, a distance of32.40 feet to the POINT OF BEGINNING . The above described parcel contains 65 square feet (0.002 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83192 Central Zone 0502 having a grid bearing ofN00"12'38"W along the West line of the Northwest Quarter of Section 27, Township 3 South, Range 69 West of the 6d' Principa l Meridian. Said line is monumented at the West Quarter Corner by a rcc0vered 3W"' Brass Cap in a monument box at the intersection of West 32nd Avenue and Kipling Street(Stamped-City of Wheat Ridge LS13212) and at the Northwest comer of Section 27 by a recovered 3V." Brass Cap in a monument box at the intersection of West 38th Avenue and Kipling Street (Stamped-Clty of Wheat Ridge LS 13212). The survey data was obtained from a Global Position ing System (GPS) Survey based on the City of Wheat Ridge Survey Control Network. For and on behalf of Bohannan-Huston, Inc John W. Doty, PLS 37993 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303·799-5103 ) 2014047448 6/17/201410:30AM PGS 2 $16.00 DF$0.00 Electronically Recorded Jefferson Coll'lty, CO Pam Anderson , aer1c and Recorder TD1000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated June 17, 2014, is between Anh Ngoc Le and Trang Le of REQUIRED the County of Jefferson and the State of Colo:rudo, (''Grantor"), and the City of CITY OF WHEAT RIDGE IS Wheat Ridge, Colorado, a home rule municipal corporation. whose address is EXEMPT 7500W. 291h Avenue, Wheat Ridge, CO 80033 ("Grantee'?: ' WITNESS, that the' Grantor, for and in consideration of the sum of NINE THOUSAND SIX HUNDRED THIRTY AND NO DOLLARS ($9,630.00), the receipt and sufficiency of which is hereby acknowledged, bas granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confum unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATIACHED HERETO AND MADE APART THEREOF Assessor's schedule or parcel number. 39-272-15-013 (part of) Address: 3390 Kipling Street, Wheat Ridge, CO 80033 (part of) TOGETHER with all and singular the heredilammls and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estllte, right, title, interest, claim and demand whatsoever of tho Grantor, either in law or equity, of, in and to the above bargained premise's, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, granta, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the ens eating and delivery of these presents, it is well seized of the premises above conveyed, bas good, sure, perfect, absolute and indefeasible estate of inheritanc;e, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor shall and will WARRANT ANP FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, illl successor:; and assigns, against all and every person or persons lawfully clniming the whole or any part thereof, except for all matters of record. lN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. (e~ AnhNeo:lt TrangLe ~ STATE OF COLORADO COUNTY OF JEFFERSON The foregoing instrument was acknowledged be ore me this 17111 day of June, 2014, by Anh NgocLe and Trang Le. Witness my hand and official seal. My commission expires: MICHELE A SPENCER NOTARY PUBUC STATE OF COLORADO MY Cc;>MM. EXP. 11/212014 Name and Address of Person Creating Newly Created Legal Description (§38-35-I 06.5, C.R.S.) I No. 932A. RoY. 4-94. WARRANTY DBED (For Phot<>~phi< Record) (Po~e I of I) EXHlBlT"A" PROJKCI' CODE: 18583 PROJECT NUMBER: STU391A-008 PARCEL NUMBER: RW-6 DATE: DECEMBER 16, 2013 LEGAL DESCRIPTION A tract Ol' pm'Cel of land No. RW-6 of the Department of Transportation, State of Colorado, Project Code 18583, Project Number STU 391A-008, containing 1070 square feet (0.025 acres), moro or less, in tho NW l4 of Section 27, Township 3 South, Range 69 West, of tho 6th Principal Meridian, Jefferson County, Colorado, said tract or parcel beingmoro pmticularly dcsclibed as follows: A strip efland being tho west7.00 feet of lot 17 ofHillhaven Subdivision as recorded in tho Clerk and Recorder's office of Jefferson County, State of Colorado, Reception No. 2007061227. Tho above descri!Jed parcel contains ] 070 square feet (0.025 acres}, more OL' less. . Basis of Bearings: All bearin&s are based on tho Colorado State Plano NADS3/92 Central Zone 0502 having a grid bearing ofN00°12'38"W along the Westline of the Northwest Quarter of Section 27, Township 3 South, Range 69 West of tho 6m Principal Meridian. Said line is m.onumented at the West Quarter Comer by a recove.red 3l4" Brass Cap in a monument box at tho intersection of West 32nd Ave.nuo and Kipling Street (Stampcil-City ofWhcat Ridge LS13212) aud at tho Northwest comer of Se~:tion 27 by a recovered 3v...'' Brass Cap in a. monwncnt box at the intersection of West 38th Avenue and ;Kipling Street (Stamped-City of · Whcatllidgo LS 13212). The survey datu was obtained from a Global Positioning System (GPS) Survey based on tlla City of Wheat llidgc S\nvey Control Nety.rork. For and on behalf of Bohannan-Huston, Inc John W.Doty,PLS 37993 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 2014084792 10nt20149:07 AM PGS 7 $41 .00 DF$0.00 Electroni ca lly Recorded Jefferson Count y , CO Pe m Anderson, qer1< and Recorder TDH>OO N . ·! DISTRICf COURT, JEFFERSON .COmtrv, COLORADO . . 100 Jefferson Co'Unty Parkway {]olden co 804o·t . . · 303-271~6145' Petltto~er': CI1Y OF wHEAT RIDO£, a cOlorado Home · - Rul~ MwlicipalitY, . . . v~ ... t:tapondelits: .. ~ .ffiNNo.ER SHOMSHOR,·u Penonai ~!lellbitiW· for . :the EStATE OP Sl'EPHANJE MARTIN, DBcEA.SEi>~ 'BANK OF AMEIUCA, N.A.1 MARGARETT.·. . .. cHAPMAN, as Public trustee for Jefferson COunty and · TIM KAUFFMAN, as Treasurer for Jefferson .COunty. .DATE FILED : September 18, 201 4 1 :14 AM ,_...CA~~~~~ER:·2oi~31 ~~ ~:· · ·. . :: .. ·--=--··..: . . ·.··. .. , .·. ACOtJRT USE ONtV A Case Number: 20.~-kV31.~15 . : mv.: t4 :::_ Tms MAT'i'm COfr!ES B-ORE Tim COlntT on the S~on and Joinl .Motion ·-·. · for Entry of ~ule and Ordee rubmittcd by the Petitioner, City of Wheat Wdge ·("Petitioner"), Respondent-Landowner. Jennifer Shbrilshor, as Personal ReprescatatiYe forth~ Estaioof' · . Stephanie Martin, Deceased ("Shomshor"), Bank of America, N.A: ('~oA"), and .SbellpOint : · Mortgage S~icing (''Shell point") by and~ ~cir respective counsel.. ·. ·. · · '· . . Having review~d ~e tile, an4 ha~g been..fully .advised of the ckc\iJilstanccs anii "racts of . . .. th~s case, tHE COURT HEREBY FINDS AS ~ILOWS:· _ . · .' . . . . . .. •,. 1. . :. . _2: .-.. · That PetitiOn~ seeb to i.cquire a right-of·way fee~ 8s d~~ in die · . attached Exhibit A:, and a temporary -construction ~ent on. in and through Certabi feat : ·.- . . _property in Jefferson Coun~. Colo~ as ~bed in ihe ~Red Exhibits B spd B-f. These .. . property interests are referred to herein as the ''Subject Pfe>~rty ." · ~rlptie:ns .ofthe Sub)ett . Property arc · •hed hereto and are incoqlQrated herein by this re(crence . . ~ .... I." .·.• • ... 3·.··. That the .accjuisition .of~eseproperty rlshtS is ri~s&ry for the coilstruetion and · use of'a public recreation path. ·This eonstitutc5 a public pUrpose and ·use. · 4. That based upon the ~rds and file8 herein, all persons interested as ownets o~· otherwise appearing ofrccorcl'bave been joined as ReSpondents in thls 'action; that se.tvioe of · . prooe~ luis been. properly P.'rfected on all ru,un~ &3pondenl8 !'S ~uiredby I~v.i. or·th&t the :· same have subjected themselves tl> the jurisdiction ·ofthis Court; and that the Court ha:s fullllnd complete jurjsdiction_ over the parties heretO ; · · · s. That ttui, COurt has subjeCt matter j~riSdiction p'ursuant tO c.R.s. ·§3s-t~to2. · _. . . 6. That venue in the Jefferson COunty District Court ·~ j,roper')~~~t to C.R.C.P. 98 and C.R.S. §38."J.J 02(a) b·ecellse the Subject Property being taken in 1f:tls cond~tlon . ' 'lfc9on is located in Jefferson Co~nty. Coiorado. ·. . 7.. The Respondent -LMdowrier S.homsbor WaS served on Augtist 18, 2oi4 , Thr~~gb. ·: . , · counsel, the Respondent~Landc:»wner entCred ·an appearance in this actian .Oil August 'P, 2014. ,· ~· . . . . . . : · · : .. 8 ... ·. · .. ~ Resp~ndent Bailk of Ani en Ca. y.-as _ setvCd on August l··s;·-2dt4: CounseL for .: · .. -Bank of AIJierica has entered an appearance througb ·tbe aforementioned Stipulation . . . . . . . . . ·. .. 9. That throUgh. this same Stipulation, non-party'Sbellpoint Mortgage Seriicing ·. . . ("Shelfpoin~') enters. a · special ap¢.arance as the autho~ loan scrvictr of Wilmington Savings .'Fund .Sooiety~·FSB, doing business-tiS Chrlstimla Trust, not in Its individual ~acity, but ·solely as owner truStee for:.8CAT-20t4:..51T("Wibnington"). Wilntington ·is the asSignee ofBank of Mterica's interest in the Subject Property: Shell point has~ to the terms of the Stipul8tion and .has further subjected itselfto the Court'sjinis~icti~n.· · . · ·.. · 10. That RespOndent Milrgilet T. Chapman, as Public TrUstee of JcftcrSon .Mty,. · . Coiorado filed a disclaimer ofinterest in this ~<!11 on or about August 15,:2014 .. . . . . · ·.. : .11 .: · .. That Respendent Tim Kauffin~ as T~urcr of Jefferson.' CmintY;¢ot6cado ·ru~·a disclaimer in this aCtion on or abOut September 9, 2014. · The Court thereafttt dismissed the .. Respondent treasurer by <;>rifefdated Sqrtember io, 2014. . · .·. · · ·. · · .. q. : · That Petitioner and ~P!>ndents :appearing · in this action, including ShelljJOint, .... have ·reS:chcd an agreement and final ~ttJecnent that the total compen~lion to be paid for the · tiikiJ:Jg of the SubjectP.ropet:t}', includitig all claims for compensation, damages, losses, taxes and · · ... assessinen~ pre and :post-judgment interest, costs, expenseS, attorney fees, and for al i other . claim!! for reimbursement ·or remuneration is the sum oftbrce thousand three hwi.di'ed and .. sevemr-five dollars ($3,315.00).. . . .. ·.. . · p : that up~n entry <>riliis Rule and Order. the Petitioner may d~posit the sum or:.· . three thousand three hundred arid seventy-five dollars ($3;375.0!,)) Into the COurt Registry and the , ·clerk of the Court is hereby directed to accept suc_h swns . . . J 14. · ·That Petitioner agrees to replace the brick ~i that curTendy exists Witliin the · Subj~ ·Property with a brick wan of substantially the same mateq8ls, design and height on · Respondeni-Landowner:'s remainder property alo~g the new rig~t;Qf-way. Petitioner also agrees 'to preserve, or, immediately upon completion of its project, to reconstruCt the .driveway/c:urb cut on Kipling Street in the same location a5 it exists prior to the 'project.. · · · · : · . · . . .. : . . · ·· · · .15. That the parties bave agreed th.t .·iiJOi]g witb.'Jiditionei-'s .obiigations set forth in _ ...... · · pira~h 14, such. deposit amaunt. shall oonSdtute.all oftbe condemnation~ in Uils ~Oil, · · . -and sball constitute 1\iU, fair and .final Compens&Uion for the~ of tho Subject .ProPortY; iilcl~ .·. ' .. eoinpC:osatioil. danjagcs, ~costs, 'fees.and rc~cnts and. rimlunenition of !lily kiild . . · related to··or arising from tile taking .of an unen~bered interest in the Subject Prcipmy. Upoil · ·deposit of this 11mouht by the Petitioner,. all claims l)f all named· Respondents arising from the . ·· taking of the Subject Property ·shaJl be fully and flnally satisfied and discharged. · :, · · .. · I';QW ·T~ORE, ~ ~~ri these tindings .·and ~ther ~:in'tbe Court'r~rd,. ' rt is HEREBYOI,IDERED, AJ?JUDGED ~ DECREBD .fhat the $ubjcct ·Property, as · ·desCribed in Exhibits A, B and B-1 attached therf:to. is and bas been duly ail.d lawfully taken lU1d . w~de~. by Petitioner pursuant to the statutes and the ConstitUtion of tbC State . of O>!Qtado, · . · tbat the interests ohll Respondents in the Subj~ Property hav~ been accjumd by Petitioner~ ·· ·. ·arid '~ the Subject Property is hei'obY conVeyed to Petitioner free and clear of sjmle, subject . only to the Petition~r~s d~posit of die amO\J'nt oftbree~\lsand three hundred and seventy-five : oollsr.i. (~,37S.00) into the Court Registry, P~ti.~'s obligations set forth in pa:ragaiph '14 . ·hereot:.and the temts imd conditions of the Temporary Construction Easement deScribed in · attaChed Exhibit B<. : . · · . ·· · .· IT is $RElaY ORDERED, AD.nm<a:u AND DEcUEo that upon ~d .dep<)sit ' 'being made, an unencumbered intciest in the 'SubjectProPerf:y, as described iJ;l the attached .· · Exhibits A. B and B-1 does qereby pass to Petitioner. Said ·deposit shall fully imd finaJJY satisfY-: · and discha:rge all claims · of compensatio:ti ,fur. the t8kini ofthe:Subj~t Property, including ·.' . : . · .... 'compensation; damages. in~. cos~ fees 'and reirnbuniemer~ts and remuneration 'of any kind .. relau,d to or arising from thp tal<ing of Subject Property. Ea.ch party shall bear its own costs of · litigation; including · costs and attorney's fees. .. · · · · ... . . . . . . . ·it is HEUBY 'O.RDERED, AMinGED AND DEC~D that of the amo:mt o; · . three thousaDd .three hundred 8nd seventy-fivo ·dQllars ($3,375 .00), upon dcp'osit with the CoUrt · : Registry, shalJ be disbursed by check payable to: "~hellpolnt Mortgage Servicing" and shall b¢ . · sent by mail to its co~sel: . . . . . . . · ·. . · .. · · · . . · · : . · Milnor H. ·Senior, i:n, #7226 ~dill s. Miller & AssOciates, PC ·. 2161~ Street, Suite 1210 · ·· · Denver; CO 80202 .- Phone: ('T20) ·25~762 . : ·. , . . . lnsenior@rsmalaw.corit . Said 'deposit. shall be ~pplied . ~the .sums seeu~ by the .Deed oft~ ~ Septentbei · . . 4, 2007 and rccardi:d on September 12,.2007 at Reception No. 2007105546 in the recordS of.tlie Clerk and ~rder of Jcffe~n CoWtty, Colorado -arid As5ignmen"t ofDeed ofTru84 date4 August 13, 20 -fl and recorded ori August 26, 20i 1 at Reccption.No.-201 H)77885 in the records oftb«:i Cleric and RecOrder of Jefferson COunty, Colorado (collectively, the "Deed ofTrilsr'), in accordance with the tenns of the Decci of Trust. . . IT IS uER.mv QRDERED, ADJUDGED AND DECREED -that .slnce no Respondent . · ·named in this aetion has timely challenged or objected to the Petitioner's right to eondemn the :. Subject Pr~. any such claim, cha~enge -or obj~tion is waived and iS. now forever barred.= · · IT IS HEllEBY QRDER:ED, ADJuDGED AND DECREED that a ~ertified cOp~ of · this Final Rule and Order may be recOOied -and Indexed in the office of the CleriC 8bd Recorder. of Jefferson CCuhty, Colorado, in like m81)neund.in like effect llS if it were a deed . of conveyance of the Subject Property from the owners and parties -interested therein to Petitioner City of Wheat . Ridge; _Upon recording of this Rule and Order, the Lis Pendens recorded on August"lS, 2014 at Reception No. 2014067984 in _the rec:Ords _of the Clerk and Recorder o~ 1effers6n· Co!Jllty, · · .Colorado, shall be teleased arid of no further effect. · . . . . :p_ . . . . ~ONe this!!::. day ·or5f+~. ··. ·.·2~14~. · · · :sv TilE coVin: .-Todd L. Vriesman . District ~un Judge · ... ·. :'}l.Qi.·~ l)ti JJd.i\ilf 'l)f . ' ' ·Bo*'*'"~'IM ' ' . ' ··~·-· ... w:·=·· ~ '• ·. . ,;,., : ~=··~::··.:~;-:···'st:.»K .. ~ . . . ~~ ,.._ ... ·. ~ :· :' .•.' .. ·.:.in)''' : ~ . . -. . . . '' . . . . . . . . . '·. . ~ . .... ·. Exhibit B .· TEMPORARY CONSTBUCUON EASEMENT . .· \ . . . . . TIDS TEMPORARY CONSTRU'Ci'I()N EASEMENT is made fiis ....:..__day Of . . . . · . :. 2014, between the Jennifer Shomshor, Pmonal Repres-entative oftbe EState of St~c Martin, deceased, Gran~. whose 1egahddrcss iS 11887-Wedgebroolc. Las Vegas,· Nevada 89183, and the CITY OF WHEAT ~GE, COWRADO, a home rule municipal corpQt&tion, Grantee, wh9se leg~ addtess is 7500 West 29111.Av¢ue, Wheat Ridge; CQ 80033. WITNESSETH: that for and in con&idetaiion of the s\un ofTEN ANI)N0/100 DOLLAltS ($I 0.00) and other good and valuable eonsi~ratio~, the receipt whereof. is ·hereby aclaiowledged, ·the Grantor hereby grants and oooveys ·to ·the Grantee, its e~nployees, conttactors, authorized pertnittces, successors and assigils, a tempOrary conStruction eascmctJt C'Eascmenf') for.the purpose . of facilitating the constructiQJl . of street,· sidewalk, trail,· drainage, ·irrigation,'. and utility improvements an<;lappultenances on the real propcrty.descn'bed ~erein. The Basement granted and t:a~veyed hereby is situated over, upon, ac~ss-and under that.certain tract ofland, in the County of 'Jeffmon, State ofColoradp, described as foUciws: · SEE EXBIBIT "B-1 " . . . ~etein by this reference . . Rirht of Wey Plait Sheet attached hereto and incozp~rated .The term of said Easement shall begin on the .date· of the Notiee to Proceed for construction .· of the City of Wheat Ridge Kipling Trail Project and sliaU terminate twelve (12) consecutive months · . thereafter. If. ~e Gmntee1S construction activitieS . 9D the abovC.-described property are not . completed within the time .specified above, it may extend. the term of the Eliserrient for such · additional time not to exceed 'six (6) months as is-reasonably necessary to cotniJlete said operations, 'at a rate of 1.2 times the annual rental rate. ~pecificd above; divided by twelve (12), prO.:.ratcd for each ·month, paid m 'ad~an~e. . . .. ·The · Gramec ~ball have the n&ht to remove ·any existirig trees, bushes,. shrubberY, undergrowth, as well as any per8ooal property, fiXture and othu obstructions located on the above.' described property interferit!g with the Grantee's construction activities during the tenn:of'this . Eascmellt. Upon completion of its use of this Easement, Grantee shall restore the surface of the . Easement property to a condition materiiilly similar to that existing -prior to Grantee's construction activities, to the extent any chllDge is caused by Grantee's use o(the EaSement.. . . . . · Grantor represents and wariants that Grantor · has good title to the . above described real · property and is legally a~thorized ~ make this c~nveyance .. The ~enefits and burdens of this Easement shall inure to and be bin<ling up:on the .rest>e<:tive legal representatives; successors and · aS'signs of.the parties heret6. Either the Grantor or Grantee may record this Easement. The follow~g special provisions reque~ted by Gnw.tor B.fe ritade ~part of this Easement: · This Teninorruy' Construction Easement sh~l terminate no later than DecCmbCr 31; 2016. Grantor · . ·. apd its suCcessors and asSieis shall lia ve acCess 'to G~tots~opertv. toea~ at 3400 Kipling Street in 'Wheat Ridge, Colorado; at all times during . tM term of thiS t~porary C(!llStrnction -EpsCmenl . . · .. ::.~.·· .. . . .. ' . . . . . . . . · .. ~ ... ........._ . . . . .--..;....,.._-........... !! . .· ~- . ~ . . . ·. : . ~ '• . . . . . . : .· . . . . . 2014083655 10/3/20148:39AM PGS 2 $16.00 OF $0.00 Electronically Recorded Jefferson CoLI1ty , CO Pam Anderson, Oer1< and Recorder TD1 000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated October 2, 2014, is between Jack L. Polich, Barbara J. REQUIRED Pietrafeso and Stephen V. Polich of the County of Jefferson and the State of CITY OF WHEAT RIDGE IS Colorado, ("Grantor'~, and the City of Wheat Ridge, Colorado, a borne rule EXEMPT municipal corporation, whoso address is 7500 W. 29u. Avenue, Wheat Ridge, CO 80033 ("Grantee"): WITNESS, that the Grantor, for and in consideration of tho sum of TWO THOUSAND THREE HUNDRED THIRTY ONE AND NO DOLLARS ($2,331.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confum unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATI'ACHED HERETO AND MADE APART HEREOF Assessor's schedule or parcel number: 39-272-14-004 (part of) Address: 9990 W. 35"' Avenue, Wheat Ridge, CO 80033 (part of) • TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grnntor, either in law or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. Tho Grantor covenants, grants, bargains, and agrees to and with tho Grantee, its successors and assigns, that at the time of the enscaling and delivery of these presents, it is well seized of the premises nbove convoyed, bas good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all · former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof, except for all matters of record. IN WITNESS WHEREOF, the Grantor has exec uted this deed on the date set forth above. ~/.d£L s~~~· STATE OF COLORADO COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this 2ad day of October, 2014, by 'Jack L. Polich, Barbara J. Pio""""' ""-v. ''""' _/~ 7---J w""""""'""""'"""-' ~ ~l'.L., My commission expires: Notary Public MICHELE A SPENCER NOTARY PUBUC STATE OF COLORADO NOTARY 10 19984030370 MY COMMSSION EXPIRES r«:N. 02, 2018 Name and Address ofPcrson Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 932A. Rev. 4-94. WARRANTY DEED (For PholollJ'llplllc Record) (Page I of 1) EXHIBIT"A" PROJECT CODE: 18583 PROJECT NUMBER: STU 391A-008 PARCEL NUMBER: RW-S DATE: DECEMBER 16,2013 LEGAL DESCRIFTION A tract or parcel of land No. RW-8 of the Department of Transportation, State of Colorado, Project Code 18583, Project Number STU 391A-008, containing 259 square feet (0.006 acres), more or less, in the NW Y. of Section 27, Township 3 South, Range 69 West, of the 6th Principal Meridian, Jefferson County, Colorado, said tJ.-act or parcel being more particularly described as follows: A strjp efland being tho west 2.00 feet ofLot 2 ofHiiUJaven Subdivision as recorded in the Cleric and Recorder's office of Jefferson Cow1ty, State of Colorado, Reception No. 565288. The abovo described parce! contains 259 square feet (0.006 acres), more or less. Basis of Bearings: All bearings are based on the Colorado Stato Plano NAD83/92 Central Zone 0502having a grid bearing ofN00°l2'38"W along tho West line of the Northwest Quarter of Section 27, Township 3 South, Range 69 West of the 6th Principal Meridian. Said line is . monumented at theW est Qul!lier Comer by a recovered 314'' B1-ass Cap in a monument box at the inte.tsection of West 32nd Avenue and Kipling Street (Stamped-City ofWheat Ridge LS13212) and at the Northwest comer of section 27 by a recovered 3W' Brass Cap in a monument box at the intcmction of West 38th Avenue and Kipling Street (Stamped-City of .Wheat RidgeLS 13212). The survey data was obtained from a Globa!Positio.ning System (GPS) Survey based on the City of'?'heat Ridge Survoy Control Network. For and on beha1f of Bohannan-Huston, Ina John W. Doty, PLS 37993 9785 Mlu:oon Circlo, Suire 140 Englewood, CO 80112 Office: 303-799-5103 2014044534 6/9/201410:37 AM PGS 2 $16 .00 DF$0.00 Electronically Recorded Jefferson CoLI1ty , CO Pam Ande rson. Cieri< and Recorder TD1000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated l~w e 3 , 2014, is between Second Convenience REQUIRED Stores Properties Corp., a Delaware corporation, ("Grantor''), and tbc City of CITY OF WHEAT RIDGE IS EXEMPT Wheat Ridge, Colorado, a home rule municipal corporation, whose address is 7500 W. 29th Avenue, Wheat Ridge, CO 80033("Grantee"): WITNESS, that the Grantor, for and in consideration of the sum ofTEN THOUSAND EIGHT HUNDRED SIXTY SIX AND NO DOLLARS ($10,866.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATIACBED HERETO AND MADE A PART THEREOF Assessor's schedule or parcel number: 39-223.()7-003 (part of) Address: 9999 W. 38111 Avenue, Wheat Ridge, CO 80033 (part ol) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in aoywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO BA VE AND TO BOLD the said premises above bargained and described, with the appurtenances, unto tho Grantee, its successors and assigns forever. The Grantor covenaots, grants, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, BDd has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same aro free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every pc~on or persons lawfully claiming the whole or any part thereof, except for all matters of record IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above . Second Convenience Storesl'ropertle, Corp., a Delaware corporation By: Scott E. Butler Its: Vice :President STATEOF ~ COUNTYOF 'E.s~ The foregoing instrument was acknowledged before me this ~y of "0.,_""\J<..... Z014, by Scott E. Butler as Vice President for Second Convenience Stores Properties Corp., a Delaware corporation. Witness my hand and official seal. My commission expires: Notary Public Name and Address of Person Creatiog Newly Created Legal Description (§38-35-106.5, C.R.S .) No. 9JZA. RoY. 4-94. W AR.RANTY DEED (For Pbotogrophlo Record) (Pace I or 1) ·~ · •• l •. · ...... .. EXBIBIT"A" PROJECT CODE: 18583 PROJEcr NUMBER: STU 391A-008 . PARCEL NUMBER: RW-9 DATE: DECEMBER 16,2013 LEGAL DESCRIPTION A tract or parcel of land No. RW -9 of the Department of Transportation, State of Colorado, Project Code 18583, Project Number STU 391A-008, containing 701 square feet (0.016 acres), more or less, in the SW l4 of Section 22, Township 3 South, Range 69 West, of the 6th Principal Meridian, Jefferson County, Colomdo, said tract or parcel being more particularly described as follows: A strip of land being the west 5.00 feet ofLofl qf Circle K Subdivision Filing No.1 as recorded in the Clerk and Recorder's offic~ of Jefferson County, State ofCcilomdo, Reception Number 88048. The above described parcel contains 70 I square ·reet (0.016 acres), more or less. Basis ofBearings: All bearings are based on the Colomdo State Plane NAD83/92 Central Zone 0502 having a grid bearing ofN00°12'38"W along the West Ilne of the Northwest Quartex ofSection27, Township 3 Soutb, Range 69 West of the 6th Principal Meridian. Said line is mooumented at the West Quarter Comer by a recovered 3 W' Brass Cap in a monument box at the intersection of West 32nd Avenue and .Kipling Street ($tamped-City of Wheat Ridge LSI3212) and at the Northwest comer of section 27 by a recovered 3\4" Brass Cap in !I monument box at the intersection of West 38th Avenue and Kipling Street (Stamped-City of Wheat Ridge LS 13212). The survey data was obtained from a Global Positioning System (GPS) Survey based on the City of Wheat Ridge Survey Control Network For and on behalf of Bohannan-Huston, Inc John W.Doty, PLS 37993 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 2014083296 10/21201410:39AM PGS 2 $16.00 OF$0.00 Electronically Recorded Jefrerson Co111ty , CO Pam Ande rson , Cieri< and Recorder TD1000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated October 2, 2014, is between Jcmaco, LLC, a Colorado REQUIRED limited liability company of the County of Jefferson and the State of Colorado, CITY OF WHEAT RIDGE IS (~Grantor"), and the City of Wheat Ridge, Colorado, a home rule municipal EXEMPT corporation , whose address is 7500 W. 29111 Avenue, Wheat Ridge, CO 80033("ClTantee"): WITNESS, that tho Grantor, for and in consideration of the sum of FORTY POUR THOUSAND SIX HUNDRED THIRTEEN AND NO DOLLARS ($44,613.00), the receipt and sufficiency of which is hereby acknowledged, bas granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described 113 follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF Assessor's schedule or parcel number: 39-223-07-002 (part of) Address: 3850 Kipling Street, Wheat Ridge, CO 80033 (part ot) TOGETHER with all and singular tho hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all tho estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, ita successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the enscaling and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fcc simple, and bas good right, full power and lawful authority to grant, bargain, sell and convey the same in =r and form as aforesaid, and that the same aN free and clear from all former and other grants, baigains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of re~d. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any plll'l thereof, except for all matters of record. 1N WITNESS WHEREOF, the Grantor bas executed this deed on the date set forth above. Jemaco, LLC, a Colorado llmited liability company STATE OF COLORADO . COUNTY OF JEFFERSON The foregoing instrunJent was ac.knowlcdged before me this 21111 day of October, 2014, by JefferyS. Smith as Manager of :::::~~~'A M'-""""'' N-P""'' ~ MICHELE A SPENCER NOTARY PUBUC STATE OF CO~ORADO NOTARY 10 1998<1030S70 MY COMMISSION EXPIRES NOll. 02. 20t8 Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 932A. Rev. 4-94. W ARRAHl'Y DI!ED (For Pbotoanpblc Record) (Pogol of 1) EXHIBIT"A" PROJECT CODE : 18583 PROJECT NUMBER : STU391A-008 P ARC.EL NuMBER: RW-1 0 DATE : DECEMBER 16,2013 LEGAL DESCRIPTION A tract o1· parcel of land No. RW-10 of the Department ofTransp011ation, State of Colorado,l'rojectCode 18583, Project Number STU391A-008, containing 500 square feet (0.012 acres), more or less, in the SW 11 of Section 221 Township 3 South, Range 69 West, of the 6th Principal Meridian, Jefferson County, Colorado, said tract or parcel being more particularly described as follows : A strip of land being the west 5.00 feet ofLot2 ofCircloK Subdivision Filing No. 1 as recorded in tho Cle1k and Recorder's office of Jefferson County, State of Colorado, Reception No. Fl959Q60. The abovo describc<l parcel contains 500 square feet (0.012 acres), ·mare or less. Basis ofBearlngs: All bearings arc based au the Colorado State Plano NAD83/92 Central Zone 0502 having a grid bearingofN00°12'38"W along the West line of the Northwest Quarter of Section 27, Township 3 South, Rango 69 Wost of the 6ti' Principal Meridian. Said line is monwnonted at tho West Quarter Comer by a recovered 3!4'' Brass Cap In a monumCllt box: at the intersection of West 32nd Avenue and Kipling"Street (Stamped-City of Wheat Ridge LS13212) and at the Northwest comer ofSection27 by a recovered 3W'Brass Cap in a. mimummt box: at the intersection ofW est 38th Avenue and Kipling Street (Stamped-City of Wheat Rid go LS 13212). The survey data was obtained from a Global Positioning System (GPS) Survey based on the City of Wheat Ridge Survey Control Network. For and on behalf of Bohannan-Huston,lnc John W.Doty,PLS 37993 9785 Ma10on Circle, Suite 140 Englewood, CO 801l2 Office: 303-799-5103 I J 2014048114 S/18/2014 2:28PM PGS 2 $16.00 DF$0.00 Electronically RecO<ded Jefferson Col.l'lty, CO Pam AAderson , Cieri< and Recorder TD1 000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated June 18, 2014, is between Jefferson County School District REQUIRED No . R-1, a quasi-lllWlicipal corporation of the County of Icffenon and the Slate CITY OF WHEAT RIDGE IS of Colorado, (MGrantor"), and the City of Wheat Ridge, Colorado, a home rule EXEMPT lllllDicipal corporation, whose address is 7500 W. 29111 Avenue, Wheat Ridge, co 80033("Grantce"): WITNESS, that the Grantor, for and in consideration of the sum of ONE THOUSAND TWO HUNDRED FIFTY AND NO DOLLARS (Sl,25ll.OO), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, dcscn'bed as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF Assessor's schedule or parcel n~er: 39-223-99-002 (part of) Address : 3900 Kipling Street, Wheat Ridge, CO 80033 (part of) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances . TO HAVE AND TO HOLD the said premises above bugained and descn'bed, with the appurtenanCes, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power wxl lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, b~ sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, except for all matters of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. -1, a quasi-lllllllicipal corporation ee irector of Facilities and Construction Management STATE OF COLORADO COUN'IY OF JEFFERSON The foregoing instrument was acknowledged before me this 1sm day of June, 2014, by Timothy J. Reed os Executive Director of Facilities and Construction Management for Jefferson County School District No. R-1 , a quasi-municipal ~~~~ W-mylw>d""'offici.I"". ~"j.. ~(')..., My commission expires: Notary Public ~ MICHELE A SPENCER NOTARY PUBUC STATE OF COLORADO MY COMM. EXP. 1112/2014 Name and Address ofPerson Creating Newly Created Legal Description·(§38-35-106.5, c.R.S .) No. 931A. Rev. 4-94. WARRANTY DEED (For Photocnplaie Rw>rd) (Page 1 otl) EXHIBIT"A" PROJECT CODE: 18583 . PROJECT NUMBER: STU391A-008 PARCEL NUMBER: RW-11 DATE: DECEMBER 16,2013 LEGAL-DESCR1PTION A tract or parcel efland 'No. RW -11 of the: Department of Transportation, State of Colorado, Project Code 18583, Project Number STU 391A-008, containing 100 square feet (0.002 acr~s), more or l~s. in the SW !.4 ofSection22, Township3 South, Range 69 West, ofthe 6th Principal Meridian, Jefferson County, Colorado, said tract or parcel being more particularly described as follows : · A strip of land being the west20.00 feet of a paroel of land as recorded in the Clerk and Recorder's office of Jefferson County, State of Colorado, Reception No. 8500&510 . The· above described parcel contains 100 square feet (0 .0 02 acres), more or less. Basis of Bearings: All bearings are based on the Co!Ol'Jido State Plane NAD83/92 Central Zone 0502 having a grid bearing ofN00°12'38"W .aloogthe West line of the Northwest Quarter ofSeotion27, Township 3 South, Range 69 West of the 6th Principal Meridian. Said line is moqumcnted at the West Quarter Corner by a recovered 3W' Brass Cap in a monwncnt box at tile intersection of West 32nd Avenue and Kipling Street (Stamped-City of Wheat Ridge LS13212) and at tho Northwest comer of Seotion27 by a Iecovered 3\4'' Brass Cap in a monument box: at the ioten;cctioo of West 38th Avenue and Kipling Street (Stamped-City of Wheat :Ridge LS 13212). The sw-vey data was obtained from a Global Positioning System (GPS) SUJ:vey base~· on the City of Wheat Ridge Survey Control Network. For and on behalf of Bohannan-Huston,lnc John W. Doty, PLS 37993 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 2014080493 9/24/2014 2:03PM PGS 2 $16 .00 OF $0 .00 Eleclronically Recorded Jefferson Colllty, CO Pam Anderson , aer1< and Recorder TD1 000 N WARRANTY DEED NO DOCUMENTARY FEE THlS DEED, dated September 24, 2014, is between 4240 Kipling LLC, a REQUIRED Colorado limited liability company of the County of Jefferson and tho State of CITY. OF WHEAT RIDGE IS Colorado, ("Grantor''), and the City of Wheat Ridge, Colorado, a home rule EXEMPT municipal corporation, whose address is 7500 W. 29111 Avenue, Wheat Ridge, CO 80033("Grantee''): WITNESS, that the Grantor, for and in consideration of the sum of FOUR THOUSAND THREE HUNDRED EIGHTY EIGHT AND NO DOLLARS ($4,388.00), the re~eip~ and sufficiency of which is hereby ncknowlcdgcd, has granted, bargained, sold and conveyed, and by these prescnl3 does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF Assessor's schedule or parcel number: 39-223-12-004 (part of) Address: 4240 Kipling Street, Wheat Ridge, CO 80033 (part of) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and aU the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with tho Graotee, its successors and assigns, that at the rime of the cnsealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Graotor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, except for all matters of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. 4240 Kipling LLC, a Colorado Umlted Uabllity company ~_:::) Its: Manager STATE OF COLORADO COUNTY OF JEFFERSON The foregoing instrument wns acknowledged before mo this 24Uo day of September, 2014, by Brian F. Leben and Dylan Armbrust as Managers of 4240 Kipling LLC, a Colo limited lj;lbility company. Witness my hand and official seal. My commission expires: Notary Public MICHELE A SPENCER NOTAR'\' PUBLIC STATE OF COLORADO NOT"II'I' ID 1998>\030370 MY COMMISSION EXPIRES NOV. 02, 2018 Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 9J2A. n.v. 4·94. WARRANTY DEl!)) (For Photograpbl< Record) (Pagol ofl) EXHIBIT"A" PROJECI' C ODE: 18583 PROJECT NUMBER: STU391A-008 PARCEL NUMBER : RW-17 DATE: JUNE 10,2014 LEGAL DESCRIPTION A tract or parcel of land No. RW-17 of the Department ofTranspottatioa, State of Colorado, Project Code I S5S3, Pmject Number STU 39IA-00S, containing 424 square feet (0.010 acres), more or less, in the SW \4 of Section 22 , Townsliip 3 South, Range 69 West, ofthe 6th Principal Meridian, Jefferson County, Colorado, said tract or parcel being more particulru:Iy described as follows: A strip of land being tho west 2.50 feet of Lot 1, Block 1 of Janet D. Minor Subdivision Filing No.2, as recorded in the Jefferson County Clerk and Recorder's office, State of Colorado, Reception No. of2014026429. The above described parcel contains 4V! square feet (0.010 acres), more or Jess. Basis of Bearings: All bearings are based on tho Colorado State Plane NAD83/92 Central Zone 0502 having a grid bearing ofN00"12'38"W along the WestJ!ne of the Northwest Quarter ofSection27, Township 3 South, Rango69 West of the 6th Principal Meridian. Said line is · monumented at the West Quarter Corner by a recovered 3 !4'' Brass Cap in a monument box at the intersection of West 32nd Avenue nnd Kipling Street (Stamped-City of Wheat Ridge LS13212) and attheNorthwestcomerofSection 27 by a recovered 3!4" Brass Cap in a monument box at the intersection of West 38th Avenue and I<:ipling Street (Stamped-City of ·Wheat Ridge LS 13212). The survey data was obtained from a Global Positioning System (GPS) Survey based on the Clty of Wheat Ridge Survey Control Network. For and on behalf of Bohanoan-Huston, Inc John W. Doty, PLS 37993 9785 Maroon Circle, Sufte 140 Englewood, CO 80112 Office: 303-799-5103 2014080496 9/24/2014 2:04 PM PGS 2 $16.00 OF$0.00 Electronically Recorded Jeflerson CoU"'Iy , CO Pam Anderson, C1er1< and Recorder TD1000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated September 24, 2014, is between Daughenbaugh Family REQUIRED Trust of the County of Jefferson and the State of Colorado, ("Grantor''), and the CITY OF WHEAT RIDGE IS City of Wheat Ridge, Colorado, a home rule municipal corporation, whose EXEMPT address is 7500 W. 29 .. Avenue, Wheat Ridge, CO 80033 ("Grantee''): WITNESS, that the Grantor, for and in consideration of the sum of THREE THOUSAND SIX HUNDRED TWENTY THREE AND NO DOLLARS (S3,6l3.00), the receipt and sufficiency of which is hereby acknowledged, bas granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confinn unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, descn'bed as follows: SEE EXHIBIT "A" ATIACHED HERETO AND MADE A PART HEREOF Assessor's schedule or parcel number: 39-223-12-001 and 39-223-12-002 (part of) Address: Vacant Land and 4298 Kipling St., Wheat Ridge, CO 80033 (part of) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in 1111ywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tiUc, interest, claim and demand whatsoever of the Grantor, either in Jaw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances . TO BA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee, its successors and asoigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, bas good, sure, perfect, absolute and indefeasible estate of inheritance, in Jaw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor shall and will WARRANT AND FOREVER DEFEND tho above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, except for all matters of record. lN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above . Daughenbaugh Family Trust ~1;_/P~ y: Janet Dauehen gh Its: Trustee . STATE OF COLORADO COUNIY OF JEFFERSON The foregoing instrument was acknowledged before me this 241h day of September, 2014, by Janet Daughenbaugh as Trustee of the Daughenbaugh Family Trus~ ~.&.£,~ Witness my hand and official seal. My commission expires: ~!1c MICHELE A SPENCER NOTARY PUBUC STATE OF COLORADO NOTARY 10 t ~30370 MY COMMISSION EXPIRES NCN. 02, 2018 Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 93lA. Rev. 4-94 . WARRANTY DEED (For Photo,raphl< Rlxord) (Page 1 of I) EXHIBIT"A" F ROJEcr C OD:E: 18 583 PROJECf IWMBER: STU J91A-008 PARCEL NUMBER: RW-13A DATE: DE.CEMBER 16, 2013 LEGAL DESCRIPTION A tract or parcel ofland No. RW-13A of the Department of Transportation, State of Colorado; Project Code 18583, Project Number STU 391A-008, containing 351 square feet (0.008 acres), more or less, in the SW !4 of Section 22, Township 3 South, Range 69 West, ofthc 6th Principal Meridian , Jefferson County, Colorado, said tract or parcel being more particularly described as follows: A strip of land being the west 2.50 feet of Lot!, Block 1 of Janet D. Minor Subdivision, as recorded in the Clerk and Recorder's office of Jefferson County, State of Colorado; Reception No. F0489365. The above described parcel contains 350 square feet (0.008 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0502 having a grid bearing ofN00°l2'38"W along the Wtm. line of the Northwest Quarter of Section 27, Township 3 South, Range 69 West of the~ Principal Meridian. Said line is monumented at the West Quarter Comer by a recovered 3 W' Brass Cap in a monument box at the intersection of West 32nd Avenue and .Kipling Street (Stamped-City of Wheat Ridge LS13212) and at the Northwest comer of Section 27 by a recovered 3!4" Brass Cap inn monument box at the intersection of West 38th Avetlue and Kipling Street'(Stamped-City of Wheat Ridge LS 13212). The survey data was obtained from a Global Positioning System (GPS) Survey based on the City of Wheat Ridge Survey Control Network. For at1d on behalf of Bohannon-Huston, Inc John W. Doty, PLS 37993 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office :303-799-5103 I " 2014080497 9/24/2014 2:04PM PGS 3 $21 .00 OF $0.00 Eleclronoca lly Recorded Jefferson Col.nl y, CO Pam Ande rson , Oerl< and Recorder T01000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated September 24, 2014, is between Janet Daughenbaugh, REQUIRED Trustee of the Daughenbaugh Family Trust of the County of Jefferson and the CITY OF WHEAT RIDGE JS State of Colorado, ("Grantor"), and the City of Wheat Ridge, Colorado, a home EXEMPT rule municipal CO!pOratioo, whose address is 7500 W . 29 111 Avenue, Wheat Ridge, CO 80033 ("Grantee"): WITNESS, that the Grantor, for and in CQnsideration of the sum of FOUR THOUSAND THREE HUNDRED FORTY SEVEN AND NO DOLLARS ($4,347.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County ofJefferson and State of Colorado, descn'bcd as follows: SEE EXHIBITS "A" & "B" ATIACHEDHERETOAND MADE APART HEREOF Assessor's schedule or parcel number: 39-223-12-001 and 39-223-12-002 (part of) Address : 4300 Kipling Sl and Vacant Land, Wheat Ridge, CO 80033 (part oO TOGETHER with all and singular the hereditnments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate , right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises ab ove bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premise s above conveyed, has good, sure, perfect, absolute and indefeasib le estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and t.ln1t the same are free and · clear from all former and other grants, bargains, sales, lions, taxes , assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, except for allllllltters of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date sot forth above . STATE OF COLORADO COUNTY OF JEFFERSON The foxegoing instrument was acknowledged before me this 24,.. day of September, 2014, by Janet Daughenbaugh, Trustee oftheDaughenbaughFamilyTrust. _ j ' Witness my hand and official seal. ~-L..ll.::::=~==~d~,l..:!-c;;;->_~ ~~ 11= 1~~ ~'-"= '="-- My commission expires: Notary Public ~ MICHELE A SPENCER NOTARY PUEILIC STATE OF COLORADO NOTARY ID t 8984030370 MY COMMISSION EXPIRES NCN. 02.2016 Name and Address ofPcrson Creatiog Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 931A. Rev. 4-94. WARRAN'I'll DEED (For Photo&raphk Ro<ord) (Paee 1 ofl) EXHIBIT"A" PROJECT CODE: 18583 PROJECT NUMBER: STU 391A-008 PARCEL NUMBER: RW-13C DATE: DECEMBER16, 2013 LEGAL DESCRIPTION A tract or parcel efland No. RW-13C of the Department ofTranspot1atiol1, State of Colorado, Project Code 18583, Project Number STlJ 391A-008, containing 345 square feet (0.008 acres), more or less, in theNW l/4 and the SW J/4 of Section 22, Township 3 South, Range 69 West, of tho 6th Principal Meridian, Jefferson County, Colorado, said tract or parcel being more particularly described as f~llows: A parcel efland being the West 2.50 feet ofLot 1 Block 1 of Charles E. Reed Minor Subdivision, as recorded in the Clerk and Recorder's office ofJefferson County, State of Colomdo, Reception No. F0489367. The above describe~ parcel contains 345 square feet (0 .008 acres), more or less. Basis ofBearings: All bearings are based on the Colomdo State Plane NAD83/92 Central Zone 0502 having a grid bearing ofN00°12'38"W along the West line of the Northwest Quarter of Section 27, Township 3 South, Range 69 West of the 6111 Principal Meridian. Said line is monurnented at the West Quarter Corner by a recovered 3W' Brass Cap in a monument box at the intersection of West 32nd Avenue and Kipling Street (Stamped-City ofWheat Ridge 1813212) and at tbc Northwest comer of Section 27 by a recovered 3\4'' Brass Cap in a monument box at the intersection of West 38th Avenue and Kipling Street (Stamped-City of Wheat Ridge LS 13212). The survey data was obtained frop1 a Global Positioning System (GPS) Survey based on the City of Wheat Ridge Survey Control Network. For and on behalf of Bohannan-Huston, Inc John W. Doty, PLS 37993 9785 Maroon Cii·cl c, Suite 140 Englewood, CO 80112 Office: 303-799-5103 "EXHIBITB" PROJEcr CODE: 18583 PROJEcr NUMBER: STU 391A-008 PARCEL NUMBER: RW-13D DATE: DECEMBER16,2013 LEGAL DESCRIPTION A tract orpan:elof land No. RW-13D of the Department ofTrWJSpartalion, smte of Colorado, Project Code 18583, Project Number STU 391A..008, containing 75 square feet (0.002 acres), more or less, .in. the NW ~of Section 22, Township 3 South, Range 69 We.'i, of the 6thPri:ocipal Meridian, Jefferson County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at1he Southeast Comer ofParcel 115, established by Project U 044-I(3) Section 2, elso being a point on the North line of a parcel efland described in Reception No. F0489366, whence the Southwest Comer of Section 22, being a 3 ~"brass cap stamped "City ofWbca,tRldgc LS 13212", bears • S00"52'07"W, a distance of2710.87 feet; 1. Thence S89"56'52"E along the North Ifue of a parcel of land described in Reception No. F0489366 as recorded in the Clezk and Recorder's office of J.efferson County, a distance ofl2.50 feet; · · · 2. Thence S00"09'23''E parallel with the West lille of the Northwest~ of Section 22 a distance of 6.00 feet to the south line of said parcel, Reception No. F0489366; 3. ThenceN89"56'52''W elongthe South line of said parcel, Reception No. F0489366, a distance of !2.50 feet; 4. Thence N00"09'23''W parallel with the West line of the Northwest Y. of Section 22 a distance of 6.00 feet to the POlNT OF BEGINNING. The above described parcel contains 75 square feet (0.002 acres), more or less. Basis of Bearings: All bearings are based on the Colorado State Plane NAD83/92 Central Zone 0502 bavingagrid bearing ofN00°12'38"W along the West line of the Northwest Quarter ofSection27, Township 3 Soutb, Range 69 West of tho 6'" Principal Meridian. Said line is monumented at the West Q uartar CQrner by a recovered 3~" Brass Cap in a monument box at the intersection ofW est32nd Avenue and Kipling Street (Stamped-City ofWheatRldge LS13212) I!Ild at the Northwest comer of Scction27 by a recovered 3W' Brass Cap inn monument box at the intersection of West 38th Avenue and Kipl!ng Street (Stamped-City ofWheatRldge LS 13212). The smvey data was obtained from a Global Positioning System (GPS) SUrvey based on the City of Wheat Ridge Survey Control Netwo.dc. For and on bebalf of Bohannan-Huston, Joe J ohn W. Doty, PLS 37993 9785 Maroon Circle, Suite 140 Englewood, CO 80112 Office: 303-799-5103 2014054534 7/8/201 4 10 :51 AM PGS 2 $1 6 .00 OF $0 .00 Electronically Recorded Jefferson CoLJ'lty, CO Pam Ande rson. Cler1< and RecOI'der TD1000 N WARRANTY DEED NO DOCUMENTARY FEE THIS DEED, dated July 8, 2014, is between Anthony P. Iacovetta and Carol A. REQ UIRED lacovetta of the County ofJefferson and State of Colorado, ("Grantor"), and the CITY OF W HEAT RIDGE IS City of Wheat Ridge, Colorado, a home rule municipnl corporation, whose EXEMPT address is 7500 W. 29111 Avenue, Wheat Ridge, CO 80033 ("Grantee"): WITNESS, that the Grantor, for and in considerntion of tho sum of FOUR THOUSAND TWO HUNDRED F ORTY EIGHT AND N O DOLLARS ($4,248.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, seU, convey and confirm unto the grantee, its successors and assigns forever, aU the renl property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF Assessor's schedule or parcel number: 39-222-00-036 (part of) Address: 4320 Kipling Street, Wheat Ridge, CO 80033 (part of) T OGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reven~ion and reversions, remainder and remainders, rents, issues and profits thereof, and aU the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO .1iA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor covenants, grants, bargains, and agrees to and with the Grantee, its successors and assigns, that at the time of the enscaling and delivery of these presents, it is weU seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in Jaw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for all matters of record. The Grantor sbaU and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against aU and every person or persons lawfully claiming the whole or any part thereof, except for aU matters of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above . ~e~ Car ol A. Iacovetta STATE OF COLORADO COUNIY OF JEFFERSON The foregoing instrument was acknowledged before me this 8th day of July, 2014, by Anlhony P . Iacovetta and Carol A. Iacovetta. Witne ss my hand and official seal. My commission expires: MIC HELE A SPENCER NOTARY PUBLIC STATE OF COL.ORAOO MY COM M. EXP.11 /2/2014 Name and Address ofPerson Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 932A. Rev. 4-94 . WARRANTY DEED (For PboloiJ'aptlic Record) (Paeel of 1) } EXHlBIT"A" PROJECr CODE: 18583 PROJECT NUMBER: STU391A-(}()8 PARCEL NUMBER: RW-15 DATE: DECEMBER 16,2.013 LEGAL DESCRIPJ'ION A tract or parcel of land No. R W-15 of the Department ofn'IIIISpor1atiOll, State of Colorado, Project Code 18583, Project Number STU 391A~08, containing3S4 square feet (0.008 acres), more or less, in the NW l4 of Section 22, Township 3 South, Range 69 West, of the 6th Principal Merldian, Jeffe.tson County, Coforado, said tract or parcel being more particularly described as follows: BEOINNINO at the Notthe~~st Corner ofParcelll4, established by Project U 044-I(3) Section 2, also being a point on the North line of a parcel of land as described in Reception No. F215896S, whence tbe Southwest Comet' of Section 22, a 3 l4 "brass cap stamped "City ofWheatRldgeLS 13212", bears S00'48'46"W, a distance of2866.86feet; 1. Thence S89'58'14''B alorigtbanorth line of said parcel, Reception No. F2158965, as recorded in Tefferson County Clerlc and Recorder's office a dis1ance of2.00 feet; 2. Thence departing said notth line parallel with the West line of the NW !4 of section 22 S00'09'23"E a distance of36.00 feet; 3. Thence Sl5'12'29''B a. distance of 40.43 feet to 1he South line of sa.id pa.rcel, Reception No. F2158965; 4. Thence N89'56'52"W, along said south line of said parcel, Reception No. F2158965, a distance of 12.50 feet to 1ha Southaa.st corner of said Parcel114; 5. Thence N00'09'23"W along !he Bast llno ofsaldParce1114 a dista.nce of75.01to !he POlNT OF IlEOlNNINCJ. The abow described p!!ICel contains 354 square feet (0.008 acres), more or less. Basis of Bearings: All bearings are besed on the Colorado State Plane NAD83/92 Central Zone 0502 having a grid bearing ofN00°12'38"W along the West line of the Northwest Quarter of Section 27, Township 3 Soutb, Range 69 West of1ha 6"'Principa1Meridian. Said line ls moninnented at the West Quarter Corner by a. recovered 3!4'' Bross Cap ina. monument box at tho intersection of West 32nd Avenue and Kipling Street (Stamped-City of Wheat Ridge LS13212) and the Nor1hwest corner of Section 27 by a recovered 314'' Brass Cap in amonum.entboxatthe intersection of West 38th Avenue and Kipling Stl-eet (Stamped-City of Wheat RidgeLS 13212). The survey data. was obtained from a. Global Positioning System (OPS) Survey ba.sed on the City of Wheat Ridge Survey Control Network. For and on behalf of Bohannan-Huston, Joe. John W. Doty, PLS 37993 9785 Maroon Circle, Suite 140 BDglewnod, CO 80112 Office: 303-799-5103 Project#: STU 39\A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location : SH 391 Between W. J2nd Ave . and W. 441h Ave Parcel#: RW-1; TE-l Jack E. Howard Project Code (S/AJI): 18583 I County: Jefferson I Station to Station : This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owner, Jack E. Howard (GRANTOR). Just compensation was determined by a value finding prepared in accordance with Colorado state laws and regulations . The amount of money and/or compensation listed below is full consideration for the following. land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-1 434 sg . ft $ ~.206.00 $ Permanent Easement(s) (described in attached exhibits) N./A $ Temporary Easement (described in attached exhibit) TE-l 2.015 sg. ft . $181400 $ $ Additional sum offered pursuant to August 13,2014 Final Offer of Compromise Letter $2,280.00 Gross Total: $ 8,QQQ QQ ·. Benefit: $ Net Total: $ 8,00Q .QO Other Conditions: The GRANTOR and GRANTEE agree that: • there arc no promises, terms, conditions, or obligations other then those listed on this agreement • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administraton, legal representatives, successors, assigns and designees, but only after approval by the City of Wheat Ridge. • Ute compensation shown on this agreement is for the easements described and damages of any kind . The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes . • will execute and deliver. to GRANTEE those documents listed below. • agrees to pay all prior years' taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments , if any, for the current year. The GRANTEE : • will be entitled to specific performance of this agreement upon tender of the agreed consideration . • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession and use of the parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE tenders payment to the GRANTOR. Transfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement and release of payment from escrow to the Grantor, unless other arrangemenU are made that follow Title Ill of the Uniform Relocation A.sistance and Real Property Acquisition Policies Act of 1970, as amended. [g) General Warranty Deed 0 Permanent Easement(s) [g) Temporary Easement D Utility Easement(s) 0 Title Company to prepare documents . except: Order Warrant $8,000.00 Payable to: H . C. Peck & Associates, Inc., as Escrow Agent for Jack E . Howard Order Warrant: I Payable to : I Date: /\ I _,...--'1 Right-<>f-Way Specialp L L 1./. c. P-1-r-Artec.. Bft'f/3A ~ntorSignntu~ .,......-~-~ _/ The~~,/ , Grantor (if ~le): -----~~rnt~" lfiJTr-c-1 J <A./t(.f. v'IJ1< Grantor (if applicable): Bv: Title : ATTACHMENT2 CITY OF. WHEAT RIDGE Project#: STU 391A-008 MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32"" Ave. and W. 44"' Ave Parcel #: TE-2 Ruth J. Mon oton y Project Code (SINI): 18583 I County: Jefferson 1 Station to Station: This agreement made on {date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcel listed above from the Owner, Ruth J. Montony (GRANTOR). Just compensation was determined by a value finding prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) __ N/A __ $ Improvements: Plantings/Landscaping affected in TE area $ 500.00 Temporary Easement (described in attached exhibit) TE-2 625 sq. ft. $ 562.50 Gross Total: $ 1 062.50 Benefit: $ Net Total: $ 1,06~.00 r Oth er Con dition s: The GRANTOR and GRANTEE agree that: • there are no promises, tenns, conditions, or obligations other then those listed on this agreement. • this contrnct is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, ndministrntors, legnl representatives, successors, nssigns and designees, but only after approval by the City of Wheat Ridge. • the compensation shown on this agn:ement is for the easements described and damages of any kind. The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domnin nnd requires the property for public purposes . • will OXCC\lte and deliver to GRANTEE those documents listed below. fhe GRANTEE: • will be entitled to specific performnnce of this agreement upon tender of the agreed consideration. • will be held hnrmless from any clnims against the property or to any interest in the property, except for any benefits due under relocation law, • will make payment after receiving an acceptnble easement from the GRANTOR. • will take possession of the pan:el(s) when it tenders payment to the GRANTOR unless other nrmngements are made that follow Title !II ofU1e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. :J General Warranty Deed 0 Permanent Easement(s) [8J Temporary Easement D Utility Eascment(s) :J Title Company to prepare documents except: )rder Warrant $1 063 .00 Payable to: Ruth J. Montony Jrder Warrant: I Payable to: l Date: ~~f-~~t-l·C· \QcX~ ~r~'.)lw Grant~S~~ fv Yv\_~ ycTtil)fjY~Ridge~~ ~ Grantor (if npplicableJ:Q '--' "(V j <---..... - M '11-f<. c..1 f>-11 il rvrt.c /IVTi><TJ J ~.t.ti!ZP'(J •r, Grnntor (if applicable): ly: Title: Project#: STU 391A-008 ' CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32nd Ave. and W. 44'h Ave Parcel #: TE-3; TE-3A Gerald A. Benson Project Code (S/ A#): 185 83 -~ County: Jeffe~on I Station to Station: This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owner, Gerald A. Benson (GRANTOR). Just compensation was determined by a value finding prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) N/A $ Permanent Easemcnt(s) (described in attached exhibits) N/A $ Temporary Easement(s) (described in attached exhibits) TE-3 200 sg. ft. $ 18Q.OQ TE-3A 200 sg. ft $ 72Q.OO $ Gross Total: $900.00 Benefit: $ Net Total: $200.00 Other Conditions: The GRANTOR and GRANTEE agree that: • The access to Kipling will be closed and a new drive way will be constructed by the Grantee to provide access to Jellison Street. • there are no promises, tenns, conditions, or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by Park County. • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR : • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes . • will execute and deliver to GRANTEE those documents listed below. The GRANTEE: • will be entitled to specific performance of this agreement upon tender of the agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession of the parcel{s) when it tenders payment to the GRANTOR unless other arrangements are made that follow Title rn of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 0 General Warranty Deed 0 Permanent Easement(s) ~ Temporary Easement D Utility Easement(s) 0 Title Company to prepare documents except: Order Warrant $900.00 Payable to: Gerald A. Benson Order Warrant: /7 , I Payable to: ~ I Date : /; Right-<>f-Way Special1 ~. '7.4. ff/" P...._k.~. A uo--fl'f/1 r,Grantor ~gnature:fL I / \ {_ ~/L A ].~ u. I "'"' ~ l11eCityo~ro~ Grantdr {if applicable). ~, ·- By: /"'--A t--tL '-'ii-lfl!H,I I ~J fF<. 1 54 fl!t~ ll'<.(dP,. Grantor (if applicable): Title: C ITY OF WHEAT RIDGE Project#: STU 39\A-008 MEMORANDUM OF AGREEMENT Location: SH 39\ Between W. 32"" Ave. and W. 44 1• Ave Parcel #I: RW-4, TE-4 Esta te of Clara M. West, d eceased Project Code (S/A#): 18583 I County: Jefferson I Station to Station: This agreement made on (date) is between The City of Wheat Ridge for the use and benefit of The City of Wheat Ridge (GRANTEE) for the purchase of the parcel(s) listed above from the Owner(s) Estate of Clara M. West, deceased c/o Fern Lucille Clement (GRANTOR). Just compensation was detennined by a value finding prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibits) RW-4 6~ sg. ft $ 585.00 $ $ $ Permanent Easement(s) (described in attached exhibits) $ $ $ $ Temporary Easement(s) (described in attached exhibits) TE-4 324 ~g. ft. $ 291.§0 $ $ Gross Total: $ 877.00 r Benefit: $ Net Total : $ 877.00 r O t her Con ditio n s: The GRANTOR and GRANTEE agree that : • there are no promises, terms, conditions, or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by Park County. • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes . • will execute and deliver to GRANTEE those documents listed below. The GRANTEE: • will be entitled to specific perfonnance of this agreement upon tender of the agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession of the parccl(s) when it tenders payment to the GRANTOR unless other arrangements are made that follow Title li of the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. [81 General Warranty Deed 0 Permanent Eascment(s) [81 Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except: Order Warrant $877.00 Payable to: Estate of Clara M. West, deceased Order Warrant: I Payable to: I Date: A Right-of-Way Special ill!-.. ~ 1-/ C !o cJ~oArr.r. 7'/{ :JN< S.' Signature:.r. M ~~""'--. . ""'~ TheCityo~~~~-Grantor (ifapplicab!l:): I''\ ,.. (1. f'-JfJJ (j ~/l-6 (' /L-'T1>-c T F l< /(";(LV, 1'1{ Grantor (if applicable): Bv: Title: Project#: STU 391 A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32nd Ave. and W. 44'h Ave Parcel #: TE-5 Charlene Russell Project Code (S/A#): 18583 I County: Jefferson I Station to Station: This agreement made on (date) !CLI..JLL't is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owner,IChdrlene Russell (GRANTOR). Just compensation was determined by a value fmding prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) $ Permanent Easement(s) (described in attached exhibits) $ Improvements $ 12 132.00 three trees; one juniper bush; 8-flowering bushes ($3,050.00) 96 feet of 6ft height and 29ft of 4ft height fence (9,082.00) Temporary Easement (described in attached exhibit) 1,089 sq. ft. $ 980.QQ $ $ Gross Total: $ 13 112.00 Benefit: $ Net Total: $ 13 112.00 Other Conditions: GRANTEE shall completely remove three large trees from the premises. The trees (2) are located at the northwest comer of the house and (1) south of the existing driveway that are within the TE. GRANTEE shall permanently remove all downed trees, bushes and fence materials within three days of demolition. GRANTEE shall enclose yard with a temporary six (6) foot chain link fence along/within the TE area during construction. GRANTEE shall affix a "private property-do not trespass" sign to the temporary fence . GRANTEE shall plant sod and bear the cost of the sod and planting in the temporary easement area upon completion of the project. GRANTEE shall bear cost associated with demolition of existing fence, placement of a temporary fence during construction and removal of temporary fence on completion of construction of the permanent fence by the GRANTOR. GRANTEE to remove temporary fence upon completion of permanent fence but no later than July I, 2015. GRANTEE to pay GRANTOR total amount for temporary easement and improvements prior to initiation of project. Prior to initiation of project, GRANTEE shall provide in writing to GRANTOR one point of contact who is responsible for communicating any concerns/issues regarding the project. Such point of contact will include a phone number where the point of contact may be contacted seven (7) days a week during the hours of? a.m. to I 0 p.m. In the event heavy equipment, digging, or other work performed pursuant to the construction project damages the sewer line serving GRANTOR's residence, GRANTEE will bear the responsibility and cost of repair of the sewer line. The GRANTOR and GRANTEE agree that: • there are no promises, tcnns, conditions, or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by City of Wheat Ridge • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR: • has entered into this agrument only because GRANTEE has the power of eminent domain and requires the property for public purposes. • will execute and deliver to GRANTEE those documents listed below. • agrees to pay all prior years taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE : • will be entitled to specific performance of this ng=ment upon tender of the agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession and use of the parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE tenders payment to the GRANTOR . Transfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement and release of payment from escrow to the Grantor, unless other ammgements are made that follow Title Ill of the Uniform Relocation AsSIStance and Real Property Acquisition Policies Act of 1970, as amended . 0 General Warranty Deed 0 Permanent Easement(s) [81 Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except: Order Warrant $13 112.00 Payable to : Charlene Russell Order Warrant : Payable to: I Date : Right-of-Way Specialit:?~ c.j,, J-1 .c.~., .t lA (('·~ $/'1/J<t G~a;z.~~~AA/A J-/lkl?F/ The City of~$_..~ I Grantor (if applicable): , tf.-cJ ~<.T: r 1.\ (fy_f-ti(J•kitle: f'\A~f'-vPfi~P..' Grantor (if applicable)· By : Project#: STU 39\A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32nd Ave. and W. 44111 Ave Parcel#: RW-6; TE-6 Anh Ngoc Le and Trane Le Project Code (S/A#): 18583 I County: Jeffer>on I Station to Station: This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owners, Ahn Ngoc Lc and Trang Le, (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state Jaws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-6 1,070 sq. ft . $ 9 630.00 Improvements: 25-Juniper Hedge Plants, !-Evergreen Tree, 4-Juniper Shrubs, 5-Granite Boulders, 1,502 SF-Sod 1,502-SF-Sprin.kler System $12 245 .00 r Damages: $ 500.00 Temporary Easement (described in attached exhibit) TE-6 1,502 sq. ft. $ I 352 .00 Gross Total: $ 23 727.00 Benefit: $ Net Total: $23 727.00 Other Conditions: The GRANTOR and GRANTEE agree that: • there are no promises , terms , conditions. or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heir>, devisees, executor>, adm inistratOr>, legal representatives, successor>, assigns and designees, but only after approval by Park County. • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR : • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes. • will execute and deliver to GRANTEE those documents listed below. • agrees to pay all prior year>' taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE : • will be entitled to specific performance of this agreement upon tender of the agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will malce payment after receiving an acceptable easement from the GRANTOR . • will talce possession of the parcel (s) when it tenden payment to the GRANTOR unless other arrangements arc made that follow Title Ill of the Uniform Relocation AsSIStance and Real Property Acquisition Policies Act of 1970, as amended . ~General Warranty Deed 0 Pennanent Easement ~Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except: Order Warrant $23 727 .00 Payable to : Anh N11oc Le and Trani! Lc Order Warrant : I Payable to : I Date: fig\fneciaJi~:\''( H ('. \Ocx.o ~ ~,,0N=:> c Grantor Signature: ~-1 ,h.__ ~·"1 L.v Lj <l. I -.2., I lj ~~-eatRi~roval: -~ ~_.......~ Granto~:J~~~?.J.v 4 -.1 0 ';201'-r By: (l 'f jl/i t.!(-S TBF--JU Title: fA/~.> Jr.IVI-ti.Ji f~ Grantor (If applica~): 2014084792 10/7/20149:07AM PGS 7 $41.00 DF$0.00 Elec tro nically Recorded Jefferson County, CO Pam A nderson, qerk and Recorder TO WOO N . ·.' DISTRICf COURT, JEFFERSON COuNTY, COLORADO . . 100 Jefferson Colinty Parkway -Golden CO 804o ·t · · · 303-271•614S· PetltiO~er': C11Y OF wHEAT RIDOE, a cOlorado Homi: · Rule Muoicip~tY, · · v~ Rieif)Ondelits: : .' .iENNwER SHOMSHOR;aa PersOJ\ai Repre~·for . :the EStATE OF Sl'EPHANlB MARTIN, DEcE.t\SBO~ ·BANI( OF AMERlCA, N.A.1 MARGARETT.·. · . . . caAPMAN, as Public trustee for Jefferson County and · TIM KAUFFMAN, as Treasurer for Jefferson County. DATE'FlLED: September 18, 20141 :14 AM , ~SJ;NUMB ER:'20I4CV3I&\S . ~· ': .. --. . , __ -----~:"7·-,..,_.:_;-----:--~ ,•. :· .. CascNwnbet: 20~~31.~15 :., .· . , DiV.: 14 .... · .. FINAL Rm,.E AND ·oRD:ER . :: .. Tins MATi'J!:R co~ B~ORE TiiE COURT on the S~n andJoint .Motion .'. · .. for Entry of ~ulc and Order slibmitted by the Petidoner, City of Wheat lUdae . ("Petitioner"), ·R~pc)ndent-Landowner, Jennifec Shbmshor, as Personal Represeatative for tli~;~ Estate of · , Stephani~ Martin, Deceased ("Shomshor''), Bank of America, N.A: ('~oA''), and .Shellp(>int : · Mortgage Scm<~hig ("Shellpoint") by and thrQligh ~eir respective J:OunscJ. . ·. ·.. . · ' .. . ·. . ' . . . . . . Havfng reView~d ~c file, an4 ba-ring been..fully .advis~ of the' circl:unstanccs end::~ ~f .. this case, tHE COURT HERE~Y FINDS AS FOlLOWS:· .. · .. I. · : .That ·Petitioner filed' this cOndemnation actio'n on or abo~t August :14,.2o 14. · · . : . i: ... · That PetitiOner seeb to itcquire • right-of-way rec ~ as d~b.ed 1n die . attached Exhibit A:, and a temporary construction ~ent on, in and through certabi i'eaJ ·. ·. · .. · ·.: .' . property. in Jefferson Count):, Colo~ lis ~ribed in the attached Exhibits Band B-1'. TheSe ·. · . property interestS are referred to herein as the ."Subject Proj>!i!rty ." · ~rlptien.s of the Suh)ett . · . . Property ilrc: l)ttache4 hereto and are incol]lQI'llted herein by ~s rcrerence . . . ~ .... ·, l: .·.·. .. · .. ... l:·. That the acquisitlon .ofl}tese'property rljhtS is n~si.ry for' the coilsttucti¢n lind · use of' a public recreation path. ·This ~nstitutes a pubUc pUrpose and ·use. · 4. That based upon the ~rds and file$ herein, all ~ns interested ~ o~ets ()r otherwise appearing ofm:orcfhave been joined as ReSpondents in 'this 'a.ctiort; that service of . proce~ ha:s been· properly ~rfii(:ted on all ~~ ReSpondents !IS ~uired. by l~w. or· that the :· · same have subjected themselves tn the jurisdiction of this Qlurt; and that the Court has full and complete jurisdiction _ over the parties here,W ; · . · S. That the CO~ has s~ject matttr juriS¢cti~n-p\lrsuanitO. C.R.s>§3B-1~102 .. : . . 6. that venue in the Jefferson County District Court 'is j,roped~ursuarit to C.IlC~P. 98 and C.R.S. §38-·l-102(a) b·ecallse the Subject Property being taken in1f:Jis cond~tlon .. : -~on is located ~n Jefferson Co~ty, Cofoi'ado. 7~ The Respondent-~dowrier S.homshor wu served on Auglist 18, 2014. Through ·. .. counsel, the: Respondent~Land<:>wner entered ·an appearance in this action op August ?-1, 2014 . :' . . . . ·. . : · : . · · 8. . · .. That Respondent Bank of Anienca-y.-as _.setvCd on August l s; -2~14: Counsel for .... ·Barik of America has entered an appeaian~ through -the aforetnontio'ned Stipula?on . .. , . . · · 9. That throUgh . this ~e Stipulation, non-party · Sbellpoint Mortgage Sehicing ·. . . .(''Shelfpoint") etlters. a · sP;cial appearance as the authorized loan ISCrvictr o_f Wilmington Savings· Fund .S®iet),.~·FSB, _doing businesS~ Christiana Trust, not in Its individual ~acit)>, but'solely as owner trustee for lJCAT -2014-SIT("Witmingtonj. Wil,mington ·is the assignee ofBaok of A!iterica's interest in the Subject Property: Shellpoint has~ to the terms of the Stipul8tion and .has further subjected itSelfto the Court'sjinis~icti~n: · . · · · 10. That RespOndent MilrgBret T. Chipman, as Public TrUstee ofJefter8on .C<;Unty, Qlioiado filed a disclaimer ofinterest in this action on or about August 15,.2014 .. . . :.11 .. · --That Respond~nt Ti,m Kauffin~ as T~urer of Jefferson. co{mtY,' ColOrado filed a · disclaimer in this aCtion on or abOut September 9, 20-14. · The Court thereafter dismissed the . Respondent treasurer by Order ._dated Sq,tember iO, 2014. . _ ·.. ·:. · .·.. ·. .·: ·. · .. . . . 12~ : · That Petitioner and ~p~ndents :appearing · in this acttoti,_ includfug Shellpoint, . . . · have re8:cbed an agreement and final ~Ulement that the total compen~~on to be paid for the · . ·. tak..i~:tg of the Subject P_roper:t}', inclu~g all -claims for compensation, damages, losses, taxes and · assessinent, pre and past-judgment interest, costs,· expense$, attorney fees,' and for ali Other · claim~ for reimbursement ·or remuneration is the sum of three thousand three hunched and '• seventY-five dollars ($3,315.00).. . . . · ~3: 'rhat ~pan entry oftnis Rule &lnd Order, the Petitioner may d~~sit the sum of . .· three thousand three hundred arid seventy-five dollars ($3;375.0!,)) into the COurt Registry and the , . 'Ciedc. of the Court is hereby directed to accept suoh swns. . . I 14. · ·-That Petitioner agrees to replace the brick ~i that cwTeotly exists Witliin the · · Subj~ -Property with a bric~ wall of su~ly the same matCri8Js, design and height on · R.espondent-Landbwner:'s remainder property along the newrig~;Of-way. Petitioner also agrees ·to preserve, or, immedia~ly upon completion of its project, to reconstruCt the .driveway/eurb cut on Kipling Street in the same location a5 it exists prior to the 'project.. · · · · : · . · . . . . : . . : · · ..15. That ihe parties "have agreed tiu.f :BIOng with.Piititionei-'s obligations set forth in . · .... : ·. ·p&m~h 14, such. deposit amOunt_ shall oonStnute.all oftbe.oondemnation ~in this action, ·· . . and shall conStitute fUU, fair and .final eompeosatiori for the~ of the Subject _Property; iilcl~ .·. :. eotnpCosation. dan)agcs, in~ costs, 'fees. and roimburseoicnts and remunenllion of !Diy kfud . · related to··or arising from the taking .of an unen~ interest in the Subject PrOPertY. Upon · ·.deposit of this amount by the Petitioner,_ all claims ~fail named· Re5pondents arising from the . . ' . ~g of the ~~ject ~roperty wJJ be fully and finally satisfied and discharged. · '· ·. · NQW THEREFORE,~ 4pori these fiDdings -and other m.ttm:in-lhe Court ·r~i'd, ' IT is HEREBY O~ERED, ADJUDGED ANJ) DECREED -that the $ubjcct ·Property, as · ·de,seribed in Exhibits A, B and B~ 1 attached t:h'er'etO. is and has 'been duly ~d lawfully taken and . cOndemn!'d . by Petitioner pui'suaot to the statutes and the ConstitUtion of the State . of ColQtado, · , · that the inierests -ofall Respondents in the Subj~ct Property hav~ been acqUired by Petitioner~ ·· ·arid 'tl,lat the Subject Propert)' is hereby conveyed to Petitioner free and clear of $De, subject . only to the Petition~r~s dc::posit of tht am~t of.tbree thoUsand tbtee h-ondred and sev-enty-five dOllars _ (~,375.00) into th~ Court Registry, P~iti_ooer's obligations set forth in paragniph ·14 ·hereof,_and the terQts imd conditions of the Tempar&ly Constru~tlon Easement deScribed ii). · attaChed Exhibit B.~. : · · · . . . .' . : · · . · · · . _. _· . · :-. . . rris $RE:bY oiu>ERED, ADJUDGw AND DEcaEEn that Upbn s&id .dep<)sit . . '-'being -made, an \J.riencumhered interest in the 'SubjectProj>erty, as describtd iJ;1 the attached .· . Exhibits A, B and B-1 does ~ereby pass to Petitioner. Said deposit shall fully and finally satisfY.: . : _and discharge all claims · of compe~on ,fur_the t8lcini ofthe:Subj~t Property, inclu_ding · .· · · ·. ·. compensation; damages, in~. costs, fees 'and reimbu.rSements and retnuileration ·or any kind . · . . rotated to or arising from thp ~ing of Subject Property. Each party shall bear its own costs of · litigation; including-costs and attorney's fees. .. · · · ' · · ... . . · ·.it is HEREuv ·dRDERED, AMIDaED AND DEC~D that of the amo~t 0~. threethousand .three hundred 8nd seventy-fivcd 01lars(S3,37S.OO), upon dqiosit with the eoin-t · · : Reglstiy, shall be disbursed by check payable to: "~hellpoint Mortgage Servicing" and siiaJJ be . · sent by mail to its copnsel: . . . . . . . . · ·. . · .: · · · . . · · · _-: · I·: .·· Milnor H. ·Senior, ill, #7226 . RAndall s . .Miller & AssOciates, PC ·. 2161~ Street, Suite 1210 · · Denver,' CO 80202 · · Phone: (720) -2S~762 . insenior@gmalaw.com . ' . . Said 'deposit shall be ~pplied . ~ ihe sums see~ by the .Deed oft~ dated Septemlfei · ' · _ 4, 2007 and lt(?OrdCd on September 12~-2007 at Reception No. 2007105546 in the recordS of_the _. •, Clerk and ~rder of Jefferson CoootY, Colorado . arid As9ignmcmt of Deed of: TruSt, .date4 August 13, 20 ·fl and ~i'ded ori August 26, 20i 1 at ReceptiOJiNo .-2011077885 1n the records of~ Cleric and RecOrder of Jefferson COunty, Colorado (collectively, the "Deed ofTrusr'), in accordance with the tenns of the Deed of Trust. · · IT IS HEREBY ORDERED, ADJUDGED AND DECREED·that .since no Respondent . · ·named in this aetion bas timely challenged or objected to the Petitioner's right to ciondemn the ·:· . Subject PropertY, any such claim, cha~enge·or obj~tion is waived and~· now forever barred.'· · IT IS HEllEBY ORDERED, AD.niDGED AND DECREED that a certified ropy of · ·this Final Rule and Order may be recoi'ded and indexed in tbe office of the ClerlC 8lld Recorder-of Jefferson ~uhty, Colorado, in like maJ)ner .and .in like effect aS if it were a deed .of conveyance ·of the Subject Property from .the owners and'parties .inttrested therein to Petitioner City of Wheat : Ridge: .Upon recording of this Rule and Order, the Lis Pendens tecorded on AugusflS, 2014 at Reception No. 2014067984 in .the rec:Ords .of the Clerk and Rtoorder of Jeffers<in· Co!lllty, · · .Colorado, shall be teleased arid of no further effect. · . ·. · · .. · . P-. . . DONE this/t: day ·o~~. ··. ·.·2~14~. · · · BY TilE coVin: : Todd L. Vriesman . , . · District ~w:t Judge ... . .... . . . . ·. ···: ·.Exhibit ·A· ... · ... . . . .. ·-":"·: ... -... ~~··.· ... .. .. ~--~~~~~«~:·0.~1-- ·. ."tQi·~,n~·tr .... . -~·· ·. .:me ' . . . ·~:·······.~··~· ··. .. ~ ··"· -~ ~ ~:~--.:~"' ;--,. . . ~l!tJI: ;•.: -;.'··~~-lir~q,. ;_ ~1Jn-i1.~ .· .. ·. ·. ExhibitB _.. nMPOwr coNSJRUctiQN EAS§MENT . . .· . . .. TliiS T~MPORA,RY co~STRUCi.'I~N EASEMENT is made fiis ~day of . . : · ·. 2014, between the Jennifer Shomsbor, Personal Rcpres"entative ofthe EState of Steph.inie Martln, deceased, Gran~. whose fesaf address iJ 11887. Wedgebrook. Las Vegas; . Ne:vada 89183, and .the CITY OF WBEAT lW)GE, COLORADO, a home rule municipal . corpQI'II.~on, Grantee, whpse leg~ address is 7500 West 29111.Av~ue, Wheat Ridge; CO 80033. WITNEssETH: that fo:r and in .;,~deration of the sum ofTEN AND N0/100 DOLLARs ($1 0.00) and other goo"d and valuable eonsi~ratio~. the receipt whereof. is "hereby acknowledged, ·the Grantor hereby grants and cbnveys to ·the Grantee, its employees, conttactors, authorized permittees, successors and assigns, a t.emp<irary conStruction casement C'Eascmenf') for .the purppse . of facilitating the construction . of street,· sidewalk, trail,· drainage, irrigation;. and utility improvements an<J appultenances on the real property.dcscnbed ~erein. The Basement granted and . conveyed hereby is situated over, upon. acr9ss-and under that.certain tract ofland, in the County of Jefferson. State ofColoradp, dCscri~ as foUciws: .-· · .. · . · · ·. ·· : · · SEE EXHIBIT "8-1," hetein by this referenee. . . . Riot of y/ay Plan Sheet attached hereto and incorporated · .The term of said Easement shall begin on the .d:M of the Notice to Proceed for CC>nstruction of the City of Wheat Ridge Kipling Trail Project and sliall terminate twelve ( 12) consecutive months · · ... thereafter. If. ~e Grantee's construction activitie!i" on the aoovC-described property are "not · completed within the timc .spccified above, it~ eXtend, the term of the Easement for such additional time notto exceechix (6) months as isteasonablynecess&y to COmPlete said operittiqns, ·at a rate of 1.2 times the annual rental rate.~pecified above, divided· by twelve (12), prO:.rated for each ·month, pajd m ·advance. . . ·Tiie . Grantee shall have the ~t to remove ·any existi.Og trees, bushes,. shrubberY, ·undergrowth, as well as any per8onal property, fiXture and othu obstructions lo~d ort the above: described property interfe~g with the Grantee's construction activities during $e term ·ofthis . Easement Upon completion ·of its use of this Easement, Grantee shall restore the surface of the . Easement property t(! a condition materi&.lly similar to that existing·prior to Grantee's construction: · activities, to the extent any ch!lDge is caused by Grantee's use of the Easement . . Gra.ittor represents and wariants that Grantor · has good title to the above described real · property and is legally a~thorized to make this c~nvcyance. · The ~e1iefits and burdens of this Easement shall inure to and be biniling UJjOn the . respective legal representatives; successors and · aisigns of.tbe parties hereto. Either the Grantor or ~tee may record this Easement. ThC follow~g special provisions requested by Grantor are made~ part of this Easement: . . This Teoiporruy" Construct jon Easement sh~l terminate no later than oec·embCr 31 ; 2016 . Grantor .. NJd its suCcessors and assi~~ shall have access .t<i ~tots ,property. loca~ at 3400 Kipling Street in Wheat Ridge, Colorado. at all times during . the term of this T~~porary CGnstrnction . E,asemenl . . ·.·: '\·. . . . . . .·. :· . : ~-: . t4·s·~~~~ . . . . . .·.··. ,. . . \ .. . . f .... l i . . : .. . . ' . . . . . .. .. ., . . . . . . .. ... . . : . . . . . . . . . . .. ·. · .. ·. . .. '·:: : :.. •: .. . . . . . . . . · . . .. ... · . \ Project#: STU 391 A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W . 32"" Ave. and W. 44'" Ave Parcel II: RW-8 ; TE-8 Jack L. Polich, Barbara J . Pietrafeso Stephen V. Polich Project Code (S/A#): 18583 I County: Jefferson I Station to Station : This agr~ement made on (da te) $_ ~ :Z I -2t:l'( is between The City of Wheat Ridge (GRANTEE) fo r the purchase of the parcels ltsted above from the Owner, Jack L. Polich, Barbara J. Pietrafeso, Stephen V. Polich (GRANTORS). Just compensation was determined by a value finding prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the followi ng land, easements, im pro vements, and damages of any kind. Land (described in attached exhibit) RW-8 Permanent Easement(s) (described in attached exhibits) Temporary Easement (described in attached exhibit) TE-8 Other Conditions: 259 sq. fi N/A 1.313 sq. ft. $ 2 331.00 $ ______ _ $ ______ _ $I 181.70 $ ______ _ $ ______ _ Gross Total: $3.512.70 Benefit: $ ______ _ Net Total: $ 3.513.00 r Project to construct a decorative block retaining wall and replace wooden fence along the west property line. Wall to be placed on owner 's property with fence to be placed along west property line. Fence to be 6ft height from the southwest corner to north edge of house and then transition to a 42 inch fence continuing to the northwest corner. Project to relocate existin g sewe r cleanout to the east of new fence and check to assure that the line is open. Project to also relocate French drain along existing fence to an area east of new fence. Project to also replace impacted sprinkler lines and replant a tree be~een the new fence and the house. RD11..<::\--\o Q<SS.J,\€... ~-.. o..:"'·SQ..t,OQ ... :\ ·m \s C\1:Q.('i OJ'\t;P' \ ~ ~nt\ (){-Q.QS-Q~ ~~on o~ ~I..'C....lc\d\. A "J)../J • there are no promises, terms, conditions, or obligations other then those listed on this agreement. fll TheGRANTORnndGRANTEEagreethnt: ~ . '{)-T • • this contrnct is binding on both the GR.AN!'OR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by Park County. • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes. • will execute and deliver to GRANTEE those documents listed below. • agrees to pay all prior years' taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE: • will be entitled to specific performance of this agneement upon tender of the agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession and use ofthe parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE tenders payment to the GRANTOR. Transfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement and release of payment from escrow to the Grnntor, unless other arrangements are made that follow Title Ill of the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 181 General Warranty Deed 0 Permanent Easement(s) 181 Tempo rary Easeme nt 0 Utility Easement(s) 0 Title Company to prepare documents except:--------------------------- Order Warrant $3.513.00 Payable to: Jack l. Polich Barbara J. Pietrafeso. Steohen V. Polich Order Warrant : /7 ~ I Payable to: I Date: Project #: STU 391 A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32nd Ave . and W. 44'h Ave Parcel#: RW-9; TE-9 Second C onvenien ce Stor es Prop erties Corp., a Delaware C or poration Project Code (S/A#): 18583 I County: Jeffrnon I Station to Station: This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owner, Second Convenience Stores Properties Corp., a Delaware Corporation (GRANTOR). Just compensation was detennined by an appraisal prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-9 701 sg. ft. $10 866 .00 Improvements: 261 SF-Concrete Drive, 10 LF-Concrete Curbs, $ 6,35~.00 180 SF-Gravel, 560 SF-Sod, 4-Desiduous Trees, 6-Juniper Shrubs, !-Sprinkler System Damages: $ 500.00 Temporary Easement (described in attached exhibit) TE-9 1,192 sq. ft. $ 1.848.00 Gross Total: $12,567.00 Benefit: $ Net Total: $19 ,:i§7 OQ Other Conditions: The GRANTOR and GRANTEE ag= that: • there are no promises, tenns, conditions, or obligations other then those listed on this ag=ment. • this contract is binding on both the GRANTOR and GRANTEE and their heirs , devisees, executors , administmtors, legal representatives, successors, assigns and designees. but only after approval by Parle County . • the compensation shown on this agreement is for the easements described and damages of any kind . The GRANTOR: • hns entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes . • will execute and deliver to GRANTEE those documents listed below . • agrees to pay all prior years' taxes and assessment ns they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE : • will be entitled to specific performance of this agreement upon tender ofthe agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession of the pareel(s) when it tenders payment to the GRANTOR unless other anangements are made that follow Title II of the Uniform Relocat ion Assistance and Real Property Acquisition Pol icies Act of 1970, as amended. C8J General Warranty Deed 0 Permanent Easement C8J Temporary Easement 0 Utility Easement(s) . 0 Title Company to prepare documents except : Order Warrant $19 567.00 Payable to: Second Convenience Stores Prooerties Com. a Delaware Cornoration Order Warrant : I Payable to : I Date: A rghtt ~ ~H . r,. f()rJcA·fh'-JDw 7£1. ~~a'r fezk Vld.~tJ ()(if( ~tyo W~~~e Approval : • "' Grantor (if applicable): /rv/i!f/ -y '-:7 ~......-----~ ("f_{,N/;) { ,..-v£u1! AJ ££. By : 1'1 1""14<-. /1-v.J,; 1 r 1/ RU Title : f !J Jlwl .f.A ti!l< ./dili( Grantor (if applicable): f'b P ,f /l Tl'.ef CI RQ- Project#: STU 391A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32"" Ave. and W. 44th Ave Parcel#: RW-10; TE-10 Jemaco LLC. a Colorado Limited Liability Company Project Code (SIAII): 18583 I County: Jeffmon I Station to Slalion: 10+17.01 to tt-+42.54 This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owner, Jemaco, LLC, a Colorado Limited Liability Company (GRANTOR). Just compensation was determined by a value finding prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-10 500 sg. ft $7 000.00 $ $ $ Permanent Easement(s) (described in attached exhibits) $ $ $ $ Temporary Easement (described in attached exhibit) TE-10 800 sg. ft. $ 1 120.00 $ $ Gross Total: $ 8 120.00 Benefit: $ Net Total: $8 120 .00 Other Conditions: Project to replace I reset 50 linear ft of split rail fence, retaining wall, irrigation system and approximately 500 sq. ft. of sod within the area acquired or impacted by construction. Vehicle access to 3850 Kipling St. to be maintained during construction. The GRANTOR and GRANTEE agree that: • there are no promises, terms, conditions, or obligntions other then those listed on this agreement. o this contract is binding on both Ule GRANTOR and GRANTEE and their heirs, devisees, executors, adrninistmtors, legal representatives, successors, assigns and designees, but only after approval by Park County . 0 the compensation shown on this agneement is for the easements described and damages of any kind . The GRANTOR: o has entered into this agneement only because GRANTEE has the power of eminent domain and requires the property for public purposes. o will execute and deliver to GRANTEE those documents listed below. o agnees to pay all prior years' taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE: o will be entitled to specific performance of this agneement upon tender of the agreed consideration. o will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. o will make payment after receiving an acceptable .easement from the GRANTOR. o will take possession of the parcel(s) when it tenders payment to the GRANTOR unless other arrangements are made that follow Title 11 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. [gl General Warranty Deed 0 Permanent Easement(s) [gl Temporary Easement 0 Utility Easemcnt(s) 0 Title Company to prepare documents except: Order>Varrant$SJL20.00 Payable to: Jemaco LLC a Colorado Limited Liabilitv Comoanv OrdcrWa!YU!i\: I Payable to : I Date: ~./} ~ I Right-<>f-Way Specialist/ J ~ t:L .. H. ._~.:. :A, 6·:1.6-1 .C. PP ,., SIC- Granl.ai:Silmature;...o/ ./ ~ /"A/- The City of Wheat Rid~ Approval: .. ~...,_....-~ ~ G~ficable): By: f f..0T"E.C\ ,fIt( f,j, \/1{ dL-/\(I A""il-Yt. w~tfBfvk Grantor (if applicable): Title: CITY OF WHEAT RIDG E Project II : STU 391 A-008 MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32"" Ave. and W. 44" Ave Parcel II: RW-11 ; TE-ll Jefferson Countv School District No. R-1 Project Code (SIAII): 18583 I County: Jefferson I Station to Station : This agr~ement made on (date) 1'1 ~1';\ l o\if is between The City of Wheat Ridge (GRANrEE) for the purchase of the parcels listed above from the Owner, )efferson County School District No . R-1 (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state laws and regulations . The amount of money and/or compensation listed below is full consideration for the following land, easements improvements and damages of any kind . ' ' Land (described in attached exhibit) RW-11 100 sg. ft. $ 1,2~0 .00 $ $ $ Improvements : $ Damages : $ Temporary Easement (described in attached exhibit) TE-ll 638 sg . ft. $ 50.00 $ $ Gross Total: $ 1,300.00 Benefit: $ Net Total: $I 300.00 O t h er Con d it ions: The GRANTOR and GRANTEE agree that : • there are no promises, tenns, conditions, or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heirs , devisees, executors, administraton, legal representatives, successors, assigns and designees, but only after approval by Park County. • tile compensation shown on til is agreement is for the casements described and damages of any kind. The GRANTOR: • has entered into this agreemen t only because GRANTEE has tile power of eminent domain and requires the property for public purposes. • will execute and deliver to GRANTEE tllose documents listed below . The GRANTEE: • will be entitled to specific performance of this agreement upon tender of the agreed considemtion . • will be held harmless from any claims against the property or to any interest in tile property, except for any benefits due under relocation law. • will make payment after receiving an acceptable casement from the GRANTOR. • will take possession of tile parcel(s) when it tenders payment to tile GRANTOR unless other armngernents are made that foll ow Title m of tile Uniform Relocation Assis tance and Real Property Acquisition Policies Act of 1970, as amended. 181 General Warranty Deed 0 Permanent Easement(s) 181 Temporary Easement 0 Utility Eascment(s) 0 Title Company to prepare documents except: Order Warrant $1 300.00 Pavable to: Jeffe rson Countv School District No. R-1 Order Warmnt : I Payable to : Date: lf sttrow~..{'..r ~ .(' .. .Gbrt"~ ~t ·~.o ,y. ,/ ,11 r I , r-:-ll ~0 1 1 ~pproval : -~ ~-----"'--~~.~ ~~~ Gmntb~~pplicabf~ \:-.... 'l . ~\~ '-" P/JIJ J.vr r o..re ~<-1/lr;,t Gmntor (if applicable): Bv: /1/hi--t:.. A-v'f.'-/j" T' t! .Y!l/ Tit1e : Project#: STU 391A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32nd Ave. and W. 4411> Ave Parcel II: RW-12; RW-12A; TE-12; TE-12A Project Code (S/A#): 18583 This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owne , ~aiJ , L , a Colorado Limited Liability Company (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibits) RW-12 RW-12 RW-12A RW-12A Improvements: 3,500 SF-Sod, 6-Juniper Shrubs, !-Sprinkler System Damages: Temporary Easement(s) (described in attached exhibits) TE-12 TE-12A Other Conditions: The GRANTOR nnd GRANTEE agree that: 2.429 sq. ft 912 sq. ft. 1 757 sq. ft. 753sq. ft. 1.337 sq. ft. 1.004 sq . ft. Gross Total: Benefit: Net Total: • there nrc no promises, tenns, conditions, or obligations other then those listed on this agreement. $24 897.00 $ 935.00 $18 009.00 $ 772.00 $ 7 669.00 $ 500 .00 $ I 370.00 $ 1,029.00 $55 181.00 $ ______ _ $55,181.00 • this contract is binding on both the GRANTOR nnd GRANTEE and their heirs, devisees, executors, administrntors, legal representatives, successors, assigns and designees, but only after approval by Park County. • the compensation shown on Utis agreement is for the casements described nnd damages of any kind. The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes. • will execute and deliver to GRANTEE those documents listed below. • agrees to pay all prior years' taxes and assessment as they come due and will, at closing, pay promted taxes and assessments, if any, for the current year. The GRANTEE: • will be entitled to specific performance of this agreement upon tender of the agreed considcmtion. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession of the parcel(s) when it tenders payment to Ute GRANTOR unless other arrangements lll'C made that foUow Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. [8J General Warranty Deed 0 Permanent Easement(s) C8J Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except:--------------------------- Gmntor (if applicable): Title: Project#: STU 391A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32"" Ave. and W. 44'h Ave Parcel #: R W-17; TE-17 4240 Kipling, LLC Project Code (SIA#): I 8583 I County: Jefferson I Station to Station: This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels ltsted above from the Owner, 4240 Kipling, LLC, a Colorado limited liability company (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state Jaws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-17 Improvements: !-tree, 2-small bushes, 847 sf.-sod, 1-sprinkler system Damages: (Cost to Cure to Sprinkler) 424 sq. ft. Compensable Damage-Estimated cost-to-cure to retrofit the severed sprinkler system. Temporary Easement (described in attached exhibit) TE-17 Other Conditions: The GRANTOR and GRANTEE agree that: 1,44 I sq. ft. Gross Total: Benefit: Net Total: • there are no promises, tenns, conditions, or obligations other then those listed on this agreement. $4 388.00 $ ______ _ $ ______ _ $ ______ _ $2.815.00 $ 925 .00 $I 491.00 $ __________ _ $ ______ _ $ 9,619.00 $ ______ _ $9.619.00 • this contract is binding on both the GRANTOR and GRANTEE and their heirs, deviSees, executors, administrators, legal representatives, successors, nssigns and designees, but only after approval by the City of Wheat Ridge. • the compensation shown on this agreement is for the easements descnbed and damages of any kind. The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes . • will execute and deliver to GRANTEE those documents listed below . • agrees to pay all prior years' taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. 1l1e GRANTEE: • will be entitled to specific performance of this agreement upon tender oftl1e agreed consideration. • will be held hnnnless from any cla1ms against the property or to any mterest in the property, except for any benefits due under relocation law . • will make payment after receiving an acceptable easement from the GRANTOR. • wilt take possession and use of the parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE tenders payment to the GRANTOR. Tmnsfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement and release of payment from escrow to the Grantor, unless other arrangements arc made that follow Title lii of the Uniform Relocation Assistance and Real Propeny Acquisition Policies Act of 1970, as amended. 181 General Warranty Deed 0 Permanent Easement(s) 181 Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except:---------------------------- Order Warrant $9 619.00 Payable to: 4240 Kiolinl!. LLC a Colorado limited liabilitv comoanv Order Warrant: I Payable to: I Date: Grantof(if applicable): Project#: STU 39\A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 32nd Ave. and W. 44'h Ave Parcel#: RW-13A; TE-13A; RW-13C; TE-13C; RW -130; TE-130 Daughenbaugh Family Trust and Janet Daughenbaugh, Trustee of the Dau2henbau2h Familv Trust Project Code (S/A#): 18583 ~~ County: Jefferson 1 Station to Station : This agreement made on (date) l"l.-u. Iff' -.;to/if is between The City of Wheat Ridge (GRANfEE) for the purchase of the parcels listed above from the OwnerS(Daug6enbaugh Family Trust and Janet Daughenbaugh , Trustee of the Daughenbaugh Family Trust (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state laws and regulations . The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibits) RW-13A 350 sg. ft. $ 3,62~.00 RW-13C 345 sg. ft . $ 3 57\.00 RW-13D 75 sg. ft . $ 776.QO Improvements: 2-Trees, 2,799 SF-Sod, $16 426.00 1-Sprinkler System, 1-0n Premise Sign Damages: $ 925.00 Compensable Damage -Estimated cost-to-cure to retrofit the severed sprinkler system. Temporary Easement(s) (described in attached exhibits) TE-13A I, 120 ~g. ft. $ I 232 .00 TE-13C I 17~ sg. ft. $ I 214.00 TE-13D ~I sg. ft. $ 53.QO Gross Total: $ 27.~20.00 Salvage Value of Sign: $_(800.00) Net Total: $27 020.00 Other Conditions: Grantor r ese rves the right to r eta in/remove the 4300 Kipling sign within the acquired right-of-way prior to construction. Salvage value of sign is $800.00. Grantor is responsible for all costs associated with removal and or relocation of the sign. Grantee to give notice at least 30 days prior to required removal date. Grantee to stake the new right of way boundary to assure sign is r elocated outside of new right of way. The GRANTOR and GRANTEE agree that: • there are no promises, tenns, conditions, or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by City of Wheat Ridge. • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR : • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes . • will execute and deliver to GRANTEE those documents listed below. • agn:cs to pay all prior years• taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE : • will be enlitled lo specific perfonnance of this agreement upon tender ofthe agreed consideration . • will be held hannless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR . • will lake possession and use of the parcel(s) when it deposits the consideration. as set forth above, into an escrow account for the benefit of the GRANTOR, ~r when GRANTEE tenders payment to the GRANTOR . Transfer of title to the parcel(s) shall occur upon perfonnance of any and alltetmS under this agreement and release of payment from escrow to the Grantor. unless other amngements are made that follow Tille m of the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. ~General Warranty Deed 0 Permanent Easement(s) ~ Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except: Payable to: Daughenbaugh Family Trust and Janet Daughenbaugh, Trustee Order Warrant ~27, 020.00 of the Daul!:henbaul!:h Familv Trust Order Warrant: I Payable to: I Date : rught-of·m_:i•list:~ H ~c P.J:. "'Arr~. 8 -,.() ~'-ott/ cz.o:~i~tu;'f). J .L 1 <-1.-v .h; The C.!._~ea~ Ridge"'Approl]Ji' ~~ior(ifapplicable): cJ D ~..._?'~ M.-1--ft. Vlf.Sff(Sp.~ wru.f .(~·ruvrut Grantor (if applicable): By: Title: Project#: STU 391A-008 CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Location: SH 391 Between W. 3:::"" Ave. and W. 44'h Ave Parcel#: RW-14; TE-14 Randy L. Jensen and Niclcie Ann Jensen Project Code (SIA#): 18583 I County: Jefferson I Station to Station: This agreement made on (date) is between The City of Wheat Ridge (GRANTEE) for the purchase of the parcels listed above from the Owners, Randy L. Jensen and Niclcie Ann Jensen (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-14 Improvements: 1-Single Pole Sign, 651-SF River Rock, 938 sq. ft. 528-SF Pea Gravel, 42-LF Concrete Curb, 355-SF Concrete Approach Damages: Temporary Easement (described in attached exhibit) TE-14 Other Conditi ons: 638 sq. ft. Gross Total: Salvage Value Sign: Net Total: $ 11.256.00 $ ______________ _ $ ______________ _ $ ______ _ $ II 678.00 $ ______ _ $. __ ~7~66~.0~0~------- $ ---------------$ ______ _ $23 700.00 $ 810.00 $22 890.00 Grantor to retain and remove sign prior to co nstruction. Grantee to giv e notic e 30 days prior to 1·cquired r emo val d ate. Grantor is responsible for all costs associated with removal and or relocation of sign. The GRANTOR and GRANTEE agree that: • there arc no promises, tenns, conditions, or obligations other then those listed on this agreement. • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by Park County. o the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR: o has entered into this agreement only because GRANTEE has lhe power of eminent domain and requires the property for pub lie purposes. o will execute and deliver to GRANTEE those documents listed below. o agrees to pay all prior years' taxes and assessment as they come due and will, nt closing, pay prorated taxes and assessments, if any, for the current year. The GRANTEE: o will be entitled to specific performance of this agreement upon tender of the agreed consideration . • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR . • will take possession of the parcel(s) when it tenden payment to the GRANTOR unless other arrnngements arc made that follow Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 1:81 General Warranty Deed 0 Permanent Easement(s) 1:81 Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except:----------------------------- Order Warrant $22,890.00 Payable to: Randy L. Jensen and Niclcie Ann Jensen Order Warrant: I Payable to: ~~r;; I Right-of-Way Special/~ The City of Wheat Ridge Approval: By: Title: Grantor (ifapphcnble): '-1 C CITY OF WHEAT RIDGE MEMORANDUM OF AGREEMENT Project Code (S/A#): 18583 This agreement made on (date) IS between The City (GRANTEE) for the purchase of the parcels li sted above from the Owners, Anthony P . Iacovetta and Carol A. Iacovetta (fee) and K& D Landscape, Inc . (GRANTOR). Just compensation was determined by an appraisal prepared in accordance with Colorado state laws and regulations . The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibit) RW-15 Improvements: Owner: Asphalt; Custom Pavers/Base; Sidewalk, ($534.00) Tenant: On-Premise Sign; Waterscape ($41,304 .00) Damages : (Tenant waterscape) Temporary Easement (described in attached exhibit) TE-15 Other C onditions: •· 354 sq . ft . 650 sq. ft . ... '· $ 4 248 .00 $ ______ _ $ ______ _ $ ______ _ $41,838 .00 $ 11 106.00 $ 780.00 $ ______ _ $ ______ _ Gross Total : $57 972 .00 Benefit: $ ______ _ Net Total : $ 58,000 rd Grant ors r ese rve th e right to t·etain/remove all salvage abl e improvements wit hin th e right-of-way and temporar y easement prior t o construction. Grantee to give no tice 30 d ays prior to r equired r emoval dat e. Grantor is responsible for all costs asso ci ated with rem oval and or r elocation of the improvements. The GRANTOR and GRANTEE agree that: • there are no promises, terms, conditions, or obligations other then those listed on this agreement • this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, assigns and designees, but only after approval by Park County. • the compensation shown on this agreement is for the easements described and damages of any kind. The GRANTOR: • has entered into this agreement only because GRANTEE has the power of eminent domain and requires the property for public purposes. • will execute and deliver to GRANTEE those documents listed below. • agrees to pay all prior years' taxes and assessment as they come due and will, at closing, pay prorated taxes and assessments, if any, for the cunent year. The GRANTEE: • will be entitled to specific performance of this agreement upon tender of the agreed consideration. • will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. • will make payment after receiving an acceptable easement from the GRANTOR. • will take possession of the parcel(s) when it tenders payment to the GRANTOR unless other arrangements are made that follow Title ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 181 General Warranty Deed 0 Permanent Easement(s) 181 Temporary Easement 0 Utility Easement(s) 0 Title Company to prepare documents except:------------------------- ~i I I ih § 2iU ~! I a a ! I I' I~ p . ~ ~l!i ~~ >-....., ....., >-n ::r: ~ tTl z ....., V) I f ~ F ~ t ~ ~ i ~ 2 f l ~ o; i ' / Riqht of Woy Pions Col orodo Deportment of Tronsportot ion DOle -Sheet Rev i sions DHctptiOrl !ilD ~~s,z8~:1 2 .0l. S.02, lritiall "DOte Sheet Rev is i ons ~ XXXXlUilOI lllit411 iii '" Sheet Rev i sions D!w•tion XXXXXlXX ~ Bohannan .:i.Huston 1 T itle Sheet I xxx Projtct Numbtr: STU J9JA-()()8 8~~er7C(jh ~~~2 2 Phone: 303·757·9923 FAX : 303·757·9390 SLK 9785 Maroon Circle Sui te t40 Englewood, CO 80112 Project locotion: KIPLINC :T~ .. E T ~ .. s:T~==·~ ~ •. ~2~·A' ond W 44th AVE, SEC . 22 or~,.,, t .J.:~1 "03'"1 o tn r-.1111 . Region 1 0 \ilaJCoor.ll"' "rf''l 1 .offi~o I StiNt-. • ~ & il & S£CTD aR0 QUMI[R NCI SIITEOIIH SEC TKJI aJNilS CITY OF WHEAT RIDGE INDEX OF S HEET S (1) Title Sheet (3) ToWotion of Properties (NA) Pro ject Contr ol Oio9rom (5) Land Survey Con trol Oioqrom (2) Monumentotion Shee ts 8 • w • <D JEFFERSON COUNTY STATE OF COLORADO SHEET NO . t.O t 2.01 ·2.03 3.01 4 .0 1-4 .05 5 .01 -5 .02 6.01 7.01 ·7.07 8 .01·8 .03 (NA) 1 obulot ion of Rood Approach Sheets (7) Pkm Shee ts 5(1 [ASQOI -0 0 U.llf'OtiA'Y ltiQtt 17 .,.., Mite Poat Note: A variance was field measured EASDENT fiUINl MNIIC£R between Mie Post number 8 and Mile Post .._. 8..111111MK£R pp PIIIJI[RIT PIN ..,OM O number 9. The fiefd measured location of Mile IClM tUf!IO :~~=:=s Poat number 8 was In reasonabte eonfonnance Uopo """"' with COOT rocool data. Mie Post Information . 2 uas es shown on the Protect location Map hereln , 0 • we we RIGHT OF WAY PLANS OF PROPOSED PROJECT N O. STU 39 1A-008 STATE IDGHWAYNO. 391 (3) Owne rship Mop (21) T otol Sheets Scoles of Or ignd lbl7 Drawings Plan Sheets 1"•40' Ownership lolop 1"•100' r'i'o rtlliJUl-..o<T ~ 1fJTteS CCIMJt lOCH MMK uses IINIC£Jt D • S[c::rJIC)IIRY CXJ(TID. ROw Is based on compulad dlslances from !he field rnea.ured location of Mile Post nu,_ 8. R.O.W. Len<jt h of Pr oject • 0 .50 Mlles Const.l ength of Pr ... ; ... t • n ..,., uo..~ Basis of Becwings : BeOtings used in the colculolion s of coorcMote s ore based on o gr id bearing of N00'12'38 "W along lhe West ~ne • ,... •·•• ··-··-ROW Projecl of the Northwest llne-<luorter of Section 27 T own_slip 3 South l otA IJt PLSS _, -I RICHT 17 WA'r ....... EndS ·SS+1853-(38,~5n:"""'RT) Sta Range 69 West of the 6th Principolloter i<ion.'Soid '?~is mom.wT~ted Ia.. . . 1 End .: 58•38.79 (•7.00' RTJ at the West One-Quarter Corner by o recovered Yt•" Bross Cop · ·~ ~:= 0 ~ zo.u •N JO .l8 ·sru391A-008.M.P.:9.01 f-.-~ .l ~ -1 j -1:-r ~ -sTU391A.ooe·•.tP.:9.00 o monument box ot the intersection of West 32nd A~enue ond Kip~g EL o.oo .,30~/,o ~,30~/,o Begin Sta.: 60>00.00 (0.00' RTJ ,_ P§f ~ \ \'-'r= H-ll~tJ c... f<>t ;:;:;: -= Begin Sta .: 4!1>25.99157.50' RTJ Street (StC1"'P~d -Cil! of Wheotr idge LS !J212) ond ol lhe Northwest ••r>.o:c r aJITRO. DENSfrr:.uQI """~ I0[1[I[NC[ "CI1y Plano"=49>22 .n (48.11' RT) ~ ~~ 1 ~f",..~ '' "STU 391A-008" M.P.: 8.83 corner of ~ctron of. 27 by o recovered 3/," Bross Cop in o monument -· aJIIIU. -· ......... aJIUU. -· "STU 391A-008" M.P.: 8.84 m rt:'alfi'R' -~ ll,l! box at lhe "'l.ersectron of West 38th Avenue and l(op6ng Street 1 , , , ~ lii'n'f'-W •r: <;:;::l!~r 1--. (Stomped -Coty of Wheotridge LS 13212). The survey Cfoto was obt oine -------------~ H .-J.K<' IIIII I IJI::t'll-1 _IT lrom o GloboiPositi!>nin<J System (CPS) Survey based on the ~_:.~~·~~~~_:~-===-EndSta .:4B•8 S .S~.~ ill f-."; ,_., r•·v r-.IY I ~~ JJ::;;::~t ROWProjecl City ol Wheotridge S..-vey Control Network . r._..., ...,...,. LK IPOO'QI(Dl "STU 391A.OOS" M.P.: 8.83 _ ~r.:;;..-· ;::-r-f-r lJ ==:::J 1---r End Sta.: 32~.04 (60.00' RT) I. This Right-of-Way Pion is not o boundary sur vey of the od joininq --t ---t ---t ---t ---Begin Sla.: 50>00 .00 (0 .00' RT) h __.,..~ I I r "-IU O_ ~ 1::\l_·JQ "STU 391A-008" M.P.: 8.51 ~rope rt y o~ is prepared for the Colorado Depor!ment of P11J'D1TT ......,..., Lll< IDISTUC .., """"""I "City pt~·· 01•80.99 (39.30' RT) ............ ~~ 1= P6a.:: 1jl HfllJ.fl ---=~~ I>=" Begin Sla .: 27>~4.58 (60 .00' RT) ronsportotoon PIKposes only . -•-----•-----•-----•--· STU391A.()C)8"M.P .:B.70 _;:. ::r -~ II': ] !:!'~ "STU 391 A-008 M.P.:8.4t 2 For title in formation The Colored 0 t t I T t t• --•----•----•----•--/ 4 nh A'V~ J,Y_......... ~ ·. . :,~. • o epor men o roospor a 1on .<a:ss aJfTRil. LM (PWIJIDS[D/UJSTK) 1--::;::::....; / .-r relied on T tlle Po6c y1 lt tle Comtn~tmenls, ood Memorandums of Owners~ __ ,, ___ ,, ___ ,, ___ ,,__ ConotProjecl r:;.~ 17 j!N > 'j-~~1'-t 1 prepared by H.C. Peck & Associates, Inc . for Bohannon-Huston, Inc . __ , ___ , ___ , ___ ,__ EndS1a.:32>51.67(51 .06'RT) I'= i'-J ~~ ~ '-' • .,, ).: -. . . ...,"' .ocass mrnu. , .. IT'11IJ'05(1)JDTINC) "STU 391 A-008. M p . 6 52 1 _ ~ ~-:> P -..rm -'V---1--~ llfri ROW.,_,_. 3. This .Pion set " sub tect to change and may not be the most current ___ _ _ _ ___ _ _ _ ___ _ _ _ __ • • • •• • J ...,.. r.:ll ± ~ ,...,_.... set. It tS the user's re~onsbility to ver ify wtth COOT thol this set is ___ _ _ ___ _ _ ___ _ _ ___ _ . e.g., Sla .. 30>00 .00 (0 .00' RT) i ~ {( H fU en lN:r End Sla.: 12•71 .83 (47.00' RT) the most current. The in formation contained on the otloched drawing is ""'' If WAT , .. IPRIJ'05(D/(XISTINC) "CI1y Plano·· 27•22.08 (51 .11 ' RT) I ..,., ~-'1 l !:I .L. tE n I ~ I IJ "STU 391A.OOS" M.P.: 8.14 not valid unless this copy bears on or iginal signatur e of the Professional l -IN •-----v-----v-----v--"STU 391A-008" M.P.: 8.42 L ~ 1 • . ' l j !l_ f '-•-'-Sla.-10>17 01 (47 00' RT) land Surveyor hefeon named . V .... R!CKT Cf' WAY LD€ {PR(JI05[D) r~ :_:;J--H-UVW"' . . . lllll/ll//llllliTmllllll/7lll/ll/Tmllllll 11 n, ~uJ-II hj: 11 I.IJ .Y:=: [Q I ;,: "STU 391 A.OOS"M .P.:8·09 N011CE: Accorcing to Co lorodo.low .you must ~o'!'mence any legal ciT Y Llllfl LIN[ tniSTINC) Const Pro;ect ochon bose.d upon any defecltn thiS Sl.f"vey w1th1n three year ~ CllJIIY ,.., KX IST INC) • • ---End sta.: 12+80.58 (39.11' RT) ~ r:J:!;l ~Vh~) l~ ..___5-----OC after you frrst ciscover .such. defect. In no event mod any octoon . lh-Y/.~ l~:d1 I Tn bosed upon any defect 1n this survey be corrmence more than OUNII[" SI:C TDO LM--------"STU 391A-008 M.P.: 8.15 f-1:3~ '. ' u .r::-::. h:::: It: P<J r r---c; rn ten yeors from the dote of the certification shown hereon Begin Sla.: 20>00 .00 (0 .00' RT) ~ ~~ ll'>f1:S ~ c--', -..../ ~ . SI:CIDOLINE "CilyPieno"= 10>26.60(39.81'RT) ~ !l.L ~ '(1.LlJ-1 W ~~ Lt ~ ROWProjecl Sj;,[ .. t;; S<ciJ114-;:1;<"-------------"STU391A-008"M.P.: 8.10 ~~ ,) ~ If...::....;~ _ 'I b. ~ndTUSta .: 9>54 .!2 (47:00'RT) -----------_ r::::7::~t <; ~ 1-;-~ 391Ml08 M.P .. 8.08 '"" LM «xrsHNCl ~~I ,-C :tJ l f-.:... rfi 1-l Begin Sta .: 1)+.40.03 (54.00' RT) ......,.. LIN: KXISTINI:) End Sla.: 9>46 .8~.~ J ' 1-11 J-t;:l .... COLORADO DEPARTMENT OF TRANSPORTA TION S TATE HIGHWAY PROJECT ROW PL.WS IVfiOfiZCO: OAT£ -------~~ )ll u ~~.... L 17( ~ ' "STU391A-008"MP•791 SURVEY/ROW "STU391A-008"M.P.:8.08 ~ 'I ltH hi T .1 Riit9' )I( ~ 40 Begin Sta.: 0>00 .00 (0.00' RT) ~ ___.-1--cor>r -"""""" "'""""" 1 "CI1y Plans"• 0+45 .87 (46.84' RT) I,--' ~ "" • iT.~~;::::::::::::::::: "STU391A.OOS"M.P.:7.91 mr ~£[?<~ -,~1::::!:; m;-J n -~a: SUMY!Il STATEWENT (ROW PLNI) -- ---: -: : -: : : : : : -T ..:.[. ff I \~ IT!t!R.JV~ ~ ~ lftl •eonst and ~ow . : lc ::::r rt--tp Ll:::i. ..-. ~i::'or-l::::Jo,"Z'~,'r:/, ~cc=:: .. '"'tmtnt of 111:17 nt.t. TERRAI N I Projecl~.J91 A-008 Projecl PROJEC T L OCATION MAP N ,,.,_lotion~~--"'1 .,..,..,~,,~ DIWi W.f, Station and Offset of·~· il along ~ ',!rl;~ ~¥{:-::;o;,:f:; .,,;:Jfd"::: myrm• Note: F" Ot o c~t e hi~ of syrrbobgy used wi ttWI this set of pions, pteose refer to the .,HOQ-1 Slcnkrd Syrrbols of the CoiOtodo Deportment of Tronspor totion 145 Stondords Pubkot.., doted JUy 2012 . Section line (Centerline of topling Sl} r•~ c~tt~r,. ft accordmc• "'lh ~ siDI'tdtTds of fi'«:IICf dffitH by Colorado {)tptrtmtflfol'f,Ofl!PO'IOtion publcotitJns. •etty Plans• c Cfty of Wheat Ridge o YIWJL[ 1 tr,~ll[ 2 YILts ThiJ •lot,.,..l is not o ~oniJ or fiG'tOfllf, ~lw IXfl'n.d or ~ Project No. ~~11 . PIS No JmJ ~andotrsotot"CilyProjecl" jciTYOFWHE. ATRIDGEPROJECTNO S03 111 ,.,...;..,w.r--._,.,,..,1""· ~ olong centellne of Proposed TITIII. • • • • 1 ~ I f ~ !' J ~ , i ~ ~ 2 " ~ ~ " & § ::; Colorado Deportment of Transportation -5~~~ •. ~(;~" ~0~22 Phone: lOJ-757-9923 FAX: JOJ-757-9390 Region I SLK R.O.W TABULATION OF O...nhip..._ .... I'MiH .. ,.,....., __ -"· -· .li'CK!. HOWAAD 120Cclq:Jodi•~W•R Cloldon,COIIOOOI T!-1 s .... lllbcll4 T!-2 IIU1Ii ~ MONlONI' 32a:JK!pltQil ---co 80033 T!-> Ge!IW.D A. I!I!NSCH 2e3581Anw.,.., .... -.COIII277 T! ... O!lltALD A. e!NSON 2135 s . LMNtw., UlltMIIIDCid.C::OitiZZ7 _. ~ MOUNTAIN WJ.l'l!k COM PAM P.O. &c. 501 Cloldon, C:OIOCQ2 1'1!-4 s .... ~~~~:~cM RW-a CHAAU!NI! AUSSru 3310 KIJ*V ll -"""" co 80033 1'1!-a • ..,...tlborrlll RW-<1 AN-t NGOC LZ AN) 1RAHG lf 3310 K.IPirV St -lldgo.C080033 1'1! .. s..,. ... RW-7 Sl'I!P>WOI!YJ.Rllj 3400""""' Sl. -"""" co 80033 T!-> s .... lborr4 ·-· Sheet Revisions ' '·-.. . IOCXUXU '" rES IN .JI COUNT leutiWI lit•...,.... T.SI ., 1 .•• m '·"· ti85W. 32nc1Ave. t#N 114 Section 7T -lldgo.C080033 ---s.,.. ...... ----lm 114-'ZT 33DOK-SI. tfN t/4 Seclian rT -lldgo.C080033 3300"-SI tfN 114 Sedion rT -lldgo.C080033 ... __ tfNt/4 hdlon rr ---,.,..~ ----tiN 114 hclon T1 ---,.,.,. . .,.,.. s.m..,.,.... ... , 114 s.:tian 11 ---s.,...llll:lcJI,e s.n. -meilng ....... NW 1/4 Sedian Z1 ---s.,...lbcM Sheet Revis ions Sheet Rev isi ons Riqht of Way Pions ·-' '·-.. Bohannan .l. Huston Tabulation of Properties UIUJIUI m UIXIIIXII '" Project Number: STU J91A-oo8 9785 llotoon Vrcle Pro 'eelloc::otion: KIPliNG STR£H, BETW[(N W J2nd AVE SUte 140 and W 44th AVE, SEC . 22 & 27 US, R69W, 6TH P.M . Englewood, co aon 2 ' ' ' "' ' . STATE nu.nwA NO 391 ArM In ......... FMt Act'M IC ...... ,..._. ..... Of bht1,. ... .,_ -·---,_l Or llclption MD . Tttle ec-i~t ... -· ....... ... .... .. ... 434 .. 11705af OS52&1.20tl 0.010.: 0.42tc 2015., s.m ..... lemponryConsWclon e •• .,, ....... conneciOn 0.0411C 125ol ... _ T•porwyCoMwcton EM.,_.tfor ht CCIMidiofl 0.014ec 200ol ... _ TemporwrCon•ndon E•ern.,tlor ht oonnec:ton 0.005 .. IIOOol ... _ TernponryConaWC~onE•.,.entlcwhl~ 0.011c ... , .. O.DCQ ec 3>4ol s-t ...... TemponryConiiUC:ton E•ement tar hi connecton O.D0711C 715 .. 1X8tsf 05SZM2013 0.0 11..: 0.30111C '*" SMte•llbow T.mponryCclnaWI:Ion ~.,entb hi CICftftltC6on 0.02$ec 1070ol 11501sf ~~13 .. ~ .. 0.214& .... ., s-te•M~DW TtmPOfWY~INC:IIcME•.,.,~IIOrtll~ 0.035.e 2!0ol 103)0 ., OSS31A2013 O.CXlec o.m .. 12!0ol ---TemponryConst\lclon E•em«~tb tel COMICIIon 0.02111C ~ i ~ I t ~ r l I ' 5 ~ ~ ~ ~ i !! ! ~ ~ Colorado Deportment of Transportation " . -~~~ •• :C"cih ~0~22 Phone: 303-7~7-9923 fAX: 303-7~7-9390 Region I SLK R.O .W. TABULATION OF ,....1 ... .........,.tp-~~tH .. ....._ ~ HELEN E. I'OUCH IIIOW. 3151tAw. -Ndgo.COIOOtl3 ~----- IM-1 RCOICI ~NI!HCI! 81011E8 P-!lml!8 ~ .• A DELAWAM CCIRPORAl'llN P0.._-101 T......,_IIA01113 lE-I --- RW-10 JEMACO, U.C. A C::OUW.DO Llo111ED Ll'.lllSTV COI.PioH'I -.... lit. -..... co- 1!0-10 --- RW-11 JEI'!'I!ASON CCUI1Y SOtOOL at'!NCT NO. R.l, A~AL~TION 112t0...-Dr. _co...,, 'M-11 --- RW-12 LAIUJ, U.C. , A CQ..OIWX) LAII'l'!:D UU&.JTY CCiriP'AH'f' 1217'0 WM1 A..., JiM. ~C010221 ~-12 --- IIW-12A --- ~-12A --- RW-1S cnn!O ~-13 Del.ET!D IIW-13A c:w.JQiEreAUGIH P:AMA.Y ,...T PO.._S55 !,_COMI101 T!:-13A --- Sheet Revisions I .. ol 1 · rES IN lit. ....... ..ow.-.A• -""""· co IOOtJ3 -W.~A- -Ndgo. co IOOtJ3 ............ ,..,.. ___ --- 3100 Klotii9SL _,...._co_ ........ - -Klotii9SL --.COIOOJ:I --------- 4211"-SL -fllldgo,CO---- Sheet Revisions Sheet Revisions RiQht of Wov Pions .. I ... •I I I •1 .... Bohannan .A Huslcn T obulotion of Proper ties xxxuxn "' XXIIIXIX xu Project Numbor : STU J91A·008 9785 ltb'oon Circle P.oject Locotion: KIPLING STREET BETWEEN W J2nd AVE Stile 140 ond W 44th AVE SEC . 22 & 27 TJS R69W 6TH P.M. E,._ood, CO 80112 I • Oil Wod. .. I I • COUNTY STATI NO 391 .__. ... ,.,..J ........ t ---............... T.JI., I .IIW, m '·"· ...... fxtfti • -----·-,., ...... ,.u .. ttl•c-1--t ... -· ..... , -Loft .... ... ,,,.. S.Ctlan lT 25hl ,,., om2AZ013 o.oot .. o.ztloc ---1313af ---T.mpcnryConttuli::lotl~eMbhl~ O.OJOoc SW1'4hotlon22 ''""' metol O!S3llfiZDtJ Q,01eec. O.Uoloc ·--~ 1112 a.m •• ...,.. rem,..,.,eonawc:ton Ealtm•tiDr nil ccnnec~on 0.02110 sw ,,. Section 22 10081 ,_, 05534A2013 0.012K 0.4aK ---10081 ---TtmpcnryOonstualcln Eeltm•tbnl c:onMCIIoft Q.OtiiC sw 114Socdtto22 100ol .... ~" 0.002oc 0.032oc ---.., .. --·---Ttm.....,Conttuclon E•emeM b hi connec1on 0.001 .. IW 114 S.:don 22 3341st 747011 055l~1S 0.071-.o 0.171-.o ---1337sf ---TemporwfConstuclon Eaem•tct nl~ D.Ol1sc S'W 1141tcttan 22 25t0sf 5100 ---O.DOioo 0.121sc ,..,.. __ ,,...., ---Tem~ConmdonEMtrfttftttwt'll~ 0.02ho IW 11• Sllcboft 22 *" 53111" 0554M201S O.OOho t.m .. ---1110sf IMiealllOW TM!porwyCattwelon &lemetttlar nl OCifWICtoft 0.021 .. t ~ I r ~ i J ' ! ~ ii G ~ ~ Colorodo Deportment of Tronsportotion Sheet Revisions .. sc:r hon ..... ~ 2000 South Hoi~ oe 10 • ··-v Denver, CO 80 22 _,..... Phone: 303-757-9923 FAX: 303-757-9390 Region I SLK R.O.W . TABULATION OF tES IN ,_._1 •. o-.r.lri' ._ ....... iH .. ,....,.... Stt• Addr. .. RW.UC Jt.JoeT OAl.JGt«NISAUOH. lRUSl"!!. Of 'nt! 4l00 Klplng St 01\UGHI!NSAUOH fAMI\. Y lRUST --· CXll0033 l'!!-13C s_.. .. ~ s.,.. • .txM RW-1:10 s.mo--V ..... llnd TE -130 s.,. .. llbcM s ...... ebcM ftN·14 ~ L ~NS!N ANl NIQC'J! ~ JI!:Nse.N 43Dt~Sl ., O...IA-*-Ttl. --CXll0033 -CXll0403 Tl!:-14 s.,. .. ~ s.,. • .t~c:M IIIW-15 ANTKWV P. IACCN!TTA AHO 4320 Kiplng: Sl CAAOl A.. t.t.COVETll< -Aidgo. CXl10033 7532: fb.Ct Ln • ..,__ co 80005 TE-15 s ....... llbcM S.me•~ flrW-1 15 K!~1H H. FR!NS 43MKifllngSt 1115 ChncMeM Aw. -R<Igo.CXll0033 -0010002 TE -11 , ........ r-,.,. • .,... -. ... ...,. __ 4310 Kiplng St. -""'oo.CXll00:13 TE-IIA s ....... a~~or~e s ..... llbcM -·· s.,.. .. llbaw .. W.MthA\111. -R<Igo.CXll00:13 TE-Itll s ..... .txJw ..... __ RW-17 42.tO IOPUHG lLC. A COI..ORAOO LJMflED UI'IUlY ca/PA.H'f s.m.-~---· 42""-Sl -Ridge, CXll0033 TE:-17 s.,. ....... ...,. __ Sheet Revisions Sheet Revisions Riaht of Wov Pions .. ... ··-.. '·-l'llliofll Bohannan .l. Hustoo lobulation of Prooerties XXIXXUX "' xxuuu "' Proj«t Numbtf: STU J91A-oo8 9785 llatoon Circle Protect location: KIPliNG STREET, BETWEEN W J2nd AVE SUte 140 ond 'II 44th AVE SEC . 22 ~ 27 135, R69'11 6TH P.M. Englewood, CO 80112 o I Ml .. I I . COUNTY STA" E ttlbttWAT NO. 391 Locllttwt ,.,.. In ..,_.. FMt ac.-.a ec look Mid,... .... T.JI., l .t.,, ITM '·"· ....01 bt•U .. .. , .... -·---MIIIOr~thftfle. T1tl• eo-it.nt ... -.... ....... ... ... .. . .... PortJOn ol tiN ,,. Section 22 ..... 41201•1 ~W013 Potta~ of sw 114 S.Ciion 22 O.OC».c o. ..... Samo•-1173 .. s.me ....... TempcnryCGMNctan EaMfMN:b' hi CIIIMIIdkHI OOZ7 a: tNi ,,. S.Ciion 22 7Ssf , ... , nM.IW\A1'n13 0.002 a: 0.031-.: Seme•lbCM 51sl S.meHIItJGwR Temporwy eon.wucton Eas.ement tar ht CICINWCIDn o.cxn 1e tNi 114 S.:tb\ 22 ., .. , 20112 af ~13 0022oc O.•nla ...... -., ... -"-TempoqryContwelonbMmRIDrnl~ 0.01SMl tN/1/4 S.Ctlon 22 ,.. .. 21G•f 05$4~13 o.ooeoc 0.4111t Stme•lllbcM O!Oof S.m.••~ TempcnryContiUckln E8Mmentb hi c:onMdon 0.0~1.0 tNI t/4 S.Ctirln 22 21)0of , ..... , 05557A2013 0.005 .. 0.3431C ---l~rM•tlt.lcM 062of Slmtlllbow Tempot~ryContructon Eattmtnl.,hl COM8Cioft 0.1120 .. fNI1/4 Sction 22 ...,, 55alof a»UA2013 0.01080 0.111JC s.,...~ 51011 S.....••lbow TempcnryCoMrtdorl Euementb hi~ 0.012 .c tiN t/4 S«tlon Z2 1011 .. 11 .... , 05&4W013 O.CI23ae 0.21100 ...... -1273of S.menllbGIIolt Ttmp«WyCon•tucloft EaMmentbnl ~ O.C121K SW t/4 S«tiDn Z2 ~4•f 15715 •• 051H7C2013 0.010& 1.510ae S~me•lllbole 1441 tt SafMISIIMM: ltmpota')'Cc:IMIUCIIWI EaMmenCb nl c:onnedoft 0.03300 --------------- ~ ~ I i f ~ I ~ ~ ~ ~ ~ " l ~ Colorado Deportment of Tronsportotion -Region I ~~er~~ucih ~~~22 Phone : 303-757-9923 rAX: 303-757-9390 SLK Sheet Revisions ~ xxuuu litiots iii"" to Sheet Revisions mr!lhon XXXXliXXll llitiatl iii '" Sheet Revisions ~ lii!XD.lllll ~ Bohanral 4 ~ ID~A : ..... u..-.... '::-:;r; ~~:~~~ ...... JIIOWOW.. I 9785 ......... CA-cle So.ite 140 Englnood, CO 80112 osiWocl.~te ~ 0 DEPARTMENT OF TRANSPORTATION SHEET NO . 4 .01 INDEX OF SHEETS (I) Title Sheet & & SECTDI aJtt0 OUMTER NCI SJIT((HTM SE:CTD C01JOS • 0 S£1[.\S£1«WT -·· .& • 0 • <D TOf'OitMY RICHT rE WAT (ASOol)tl POIHI YNilCER 0 0 0 PP NOM OUMTER, SIXT([NTH. ll.ll._. PIIRRTY PIN 11JM \UIRK[R II() SE:CTIQN COKM ,'fo f£101rl'IJIIMH l lill LOCIL C1l' Pl.SS -·' ... t .88 E 3.81 (Tapo PaW) i, u£s 0 • we we WII JI:SS COM:R lOCH MAll( uses MARlatt D • Sl<XH)MY COOIO.. ROW RICHT r7 WAT ...-. -· ON ta.IJ E 3.81 STATE OF COLORADO PRELIMINARY LAND SURVEY CONTROL DIAGRAM Stote Highwoy 391 MP 7 .91 to 9.01 A Portion of the: NE 1/4 Section 21, SE 1/4 Section NW 1/4 Section 22, SW 1/4 Section 22, NW 1/4 Section 27, NE '/• Section 28, Township 3 South, Ronge 69 West of the 6th Principal Meridian County of Jefferson _../ ~ l:lllJ:lll ~ 21, """<:; El 0 .00 PRO.I:Cl CIMIO.. _..,., [L 0.00 OCNS FICATDI cumo. IOUI(MY .H 10.38 E 3.81 [l 0.00 HIQI /llXJSUCY ~ffiOC£ N(TW(RI( CDOAO. IOI.IIOT PROJECT SITE ~'I ~ / l t-70 General Notes: I. This Preliminary Land Survey Control Diagram is on interim document for informotionol purposes only. This document wal be superseded by the Lond Survey Control Diogr orn included with the deposited right of woy pions . 2. Ti tle poHcy, title commitment, and title research ore not port of this su rvey, therefore easements, rights, and restr ic ttons of record were not researched and ore not shown on this d'KJgrom . The ver ification of the physicolevidence with relation to easements, ri<jhts of woys, property boundaries, and restrictions, os described in the instruments of record, were not included in this prerominory lond survey control diogrom . 3. This pion set is subject to change ond moy not be the most current se t. It is the user's responsibi"y to verily with COOT thot this set is the most curren t. The information contained on the attached draw ing is not vofid unless this copy bears on original signature of the Professional Lond Surveyor hereon named . 4. Refer to the M-629-1 Survey Monumen ts of the Standard Pions doled July, 2012 found in The Colorado Deportment of Tronsportotion, M S. S Sto ndords for typical survey monument descriptions . 5. Existing Improvements ond topography os shown here in is based on information provided by the City of Wheat Ridge . Bohonnon Huston did not vofldote this information ond considers it to be used l or graphical purposes only. Please verify prior to any future design or c onstruction . ~~~IIJ1i~~~ lii51WW~~~ -w ~ PROJECT LOCATION MAP N J Y,wh..£ , .. ,,_~~,. SC"'-E : I" • I IAILE 2WJL[ I CITY OF WHEAT RIDGE PROJECT NO . S-03-11 I 4 .02 4 .03-4 .05 (I) (3) Monument Coo rdinate Tab le Pion Sheets (5) Total Sheets Basis of Beorin<js used in the ca lculation of coordinates ore based on o gr id bearing of N 00'12'38" W along the West line of the Northwest One-Quarter of Section 27, Township 3 South, Range 69 West of the 6th Principal Meriaoon . Said line is monumented at the West One-Quarter Corner of Sectio n 27, by o recovered 3 1/4" Bross Cop in o monument box ot the intersection of West 32nd Avenue ond Kipling Street (Stomped -City of Wheat Ridge LS 13212) ond ot the Northwest corner of Section 27, by o recovered 3 1/4" Bross Cop in o monument box ot the intersection of West 38th Avenue and Kipling Street (Stomped -City of Wheat Ridge LS 13212). The survey dolo was obtained from o Global Pos itioning System (GPS) Survey based on the City of Wheal Ridge Survey Control Network . Basis of Elevat ion: Project elevations ore based on City of Wheat Ridge Survey Control Point PHAC 2, be ing o 9/16" sta inless steel rod with o sleeve ond do tum access cover, whose published elevation is 5,451.56' (NAVD 88). Coordinate Datum: Project coordinates ore modified Colorado Sto l e Plane Central Zone NAD 83/92 coordinates . The combined elevotion/scole foetor used to modify the coordinates from stole plane to project coordinates is 1.00025226062 . The resulting project coordinates ore truncated by 1,000,000.00 in the Northing ond 3,000,000.00 in the Eosling otter converting from stole plane coord inates to project coortf.,otes . The City of Wheat Ridge Survey Control Network is based on the NAD 83/92 datum. To get from Project Coordinates to Stole Plane Coordinates: Add t million in the Northing ond 3 million in the Eost ing, divide by the combined elevotion/scole foetor of 1.00025226062. NOTICE: According to Co lorado law you must commence any leqa act ion based upon any defect 11 this SlKvey within three years otter you firsl discover such defect. In no event moy any action bosed upon any: defect in this survey be commenced more thon ten years from the dote of the cer tificat ion shown hereon . Note: For o complete fl sling of symbology used within this set of plans, please refer to the I•H00-1 Stondord Symbols of the Colorado Deportment of Transportation M!.s Stondords Publication doted July 2012 . SlfMYII! STATEIAENT (LNCl SliiVEY C!»>TRil. Ol.a!"') ir::'orf::l;;, ':'r:::/$":(. ~it:c!ren::: &.::,.,, ot Trtflt1POTiation lhi$ Lond Stlrq C<Jnlral CJiovcm ..,. f/TIPO'«< and thrl =: ::::1 ;:,~rs:!::;.;:::::O, ~ r:,;t':i.~cor= t',Z:,a~ :=:.:.' t:.,«!~e!n'1fs %~~~:1:=~~;, tt1~tx:ptnwdarilrf*d, l'tS No.JmJ Far artd ort tMdf of Bohomon-HAtan, lrte. ~ & Colorado Deportment of Transportation Sheet Revisions " '1-•I ~0~ 2000 South Hot~ IXXXXUX XXX Denve r , CO 80 22 ~ Phone: 30 3 ·7 57·99 2 3 fAX : 30 3 ·757·9390 Region I SLK 0 FOIMD ALIQUOT IIONUIIENT COORDINAT£ TABLE P91nt .... tlortlliftl(ft) !utt,.(ft) O..Crl,tt., 20020 1CM442.21 1 1 ~1840 FOUND 32S~BRASI!I CAP NClR1l4 1118 CCR. S 21 827 20020 70108182 11~.82 FUUND 2.5.BRASSC/IP SOUTH 1118 COR. 521 S22 200U 70575515 101110.12 FOUND No I REINtHOCN'EMT 1111 COR s:lt S2l lOOt 70571165 111837.24 FOUN02YJII..U ... UMCAP'ItE.ST t/11COR 822,527 t))Ot 711030 71 10784107 FOUH03.25.8JWS!C»N0Rn4t14COR 121 ..... 71105515 1105«14 FOUND :us·IRMS CIP SEC CCR. Stl, St$, S21 , S22 1 .... 711012•H 11!1-42.32 FOUND S.lS•IRASS C/IP NORTH 114 COR 822 "'"' 101SU1 1071S5.)5 FOUNO l.2S~8RAS8 CtP CENT£A: 1.-~ 521 14409 10840403 110507 .70 FOUN03.25•BAASSCJIPYtEST 111' COflS22 1450t 7004211.32 11315211 FOUHO l.z5•BRASS CJP CENTER Ut CCA. 822 I SlOt 7051l741 107 ... ~ FOUHO 3.25"BRASSCtP NCRTH 1J4 COR S28 15401 105nl n 11051141 FOUNO 3.25•BRASS CJP SEC cat 921 , 922 . S21 . S27 """' ,..,.. .. 11311304 FOUN0325.BRASSC/IPNCJRTH 1J4COR S27 """ 10XIICI 17 t0781SC 11 FOUNOllS.BAASSCtP CENTER 1.-~$21 10<01 703110.51 110521.25 FOUNO 3.25• BRASS C/IP v.EST ,_. COfl S27 18!01 101133.10 11317070 FOUNOJ.z5•BRASSCJIPCENTER 1.-~ S21 I'IIIIWIY !UIMY camta. OOIMiliNATI! _. TMLE .., ....... c:.w.. ... ~ I ......... I I ...... .._.. tii04JI:tw:ll ... .., ........... ~ ~ .., ... ..,..,T) IJIWIIIIIII'1) ........ ,.. .... ,.., PCI...........,IPCI ..... 1) PHACol ..... 144121r'N 10&"01'St25C2"W &IH.Ol ... IS 00'1,. ~-· 1703014.1» JMD,.no I"H4C4.-Iftrl-..orN -.-w .. .., .. ,.....,.. '· ' t7t017U7t _,..., Sheet Revisions 1 ... nititltl " xxxxxxxx XXX 0 pp .,_ • ..-......... a _.. • ._ .. o.-~.,.. ........... ftllt ........ ll'llfi .... Kt .. CCMI' Sheet Revisions Lond Survey Control Dioarom '1-•I Bohannan ..t. Huston Monument Coordinate T obles Ill XX lXXI XXX Proiect Number : STU J91A-008 9785 llotoon Circle Pr oiec l Lo cation: KIPliNG STREET, BE TWEE N W J 2nd AVE Stite 140 ond W 44th AV E SEC. 22 & 27, TJ S R69W 6TH P.M. Englewood, CO 801t2 I I I I . . . . RIUNO IIOINlMY IDUIENT CDOIIDINAT£ TAIIL£ PalM. ... ...,.,...,,.(ft) E.ntt,.(ft, O..Cr1~1- nne 70803845 11058320 FOUND t5 REB.IR Jr() CJf' 7022 701301..118 11 1471.56 FOJN)"" RE8'1R IN 5"' ~CONCRETE 7023 707300n t1131U2 FOUHOII5 RE&IA Wll4 'IEUOWPUSilC ILLEGIUl 7024 = t 1147e.7t fOUND .. RE&IA IN 5" 011< COHCRm 1031 708141.14 11 1525.71 FOVJC)t5REBMWTH'tQLOWP\.ASllCCif'ST.tlofiEOU~ 70>2 701017 .. lto705.10 FOUNOPKHM. WTM 1.5"'/HHfRSTN.fi'£.0'\.Stour 103l 70801115 110155.03 FCMJNO 15 REBM: WTH "tEllOWPlAS11C CW STN.ft:O '\.S 20613• 703< 70Q007jjl 1-.GI FOUND CHISEt.fD "I: IN COHCAETE -y -70800788 ltot85.a5 FOUND PK NM. WTH 1 S 'MSHER STMFEO 'lS 1010" 703& 701100775 111311.SS FOUND .. RE6'1R OJ/18Elr:JNSUAFICE 7037 1C.001. 11 11106.05 fOUND04 REBOil Wli4'1ELLOWCN'(LL£<ltllE) 7038 7011005 37 1111112.51 FOUND CHISELED T IN CONCRETE WtrlK'Wt.Y 7039 7015720 S5 IIO!e&.l9 FCMJNO COOT AWS"fN,ft"O 'lS 2115r -105740 17 1MI7$7A7 FOJNO 16 RE.WA WTM 'l£ll0WCW STIU'ED "fRONTER" 7041 705740211 110711.'2 RlUND 2" II.UI.INUMCN' SUiftD 'I'AONT"ER" 7042 10!745.30 110111-'4 FOUND ORU Ha.E 7043 70673Ul 110141.01 FOUND 11RASS PLUG IN COHCAETE STH.f'ED "fSt 251153" -10!5745.5 110137.95 FOUND ORI.l Ha...E 14 CCIHCRET£ -7Ge7311S 110110.81 fOUNDII5RE&IA -JOMI' 11 110552.3S FOJNOI:5 RESNI: WTH 'I'El.l.OWPl.J6TJC CJPSTNftO'\.NJOENG SI3T 7047 704eSUtl IIOSM-'0 FOUND 115 RE&IA Wll4 'IEI.lOW P\,0811C CN' ST.oi.FED 'fROPITEll SURio£Y" 7048 1Gt-41511 UOIQ3 tt FOUND I"A)l.E 1J1 8ElCWSl.RF.ICE 7049 104415.35 t10M.J1 FOUND 311" PIPE 1.2"1!B.OWSURFACE 70S:! 703M7.1' 110147.19 FOUHOII5 RE&IA (IBIT)O.IIO' BELOW SURfACE 7053 7o.tOIS.31 H0747.11 FOUND IS RE8M 0.10' BElOW'SIJRFN:E , .... 70'104 7e 1t064771 FOUND .. RE8NI: 1 I' BElc:M'SURFACE , ... 704071.3:) H0747.H rouPC>t~RCIWt 7057 70314685 111221..5S R:IUNO u· ..._I.NHUWC.fiP 7051 706<3l.811 110141.63 FOUHil CHJSaEI> "1: 70111 705958.!1 111001,04 FOUND T BRASS C* 7012 10&432.11 110721.09 FOUND 2" !IR.46SCIPSTMI'ED "10734" 70115 7061Z771 1*"2.75 FOUHOZEIRASSCJtPST~D·1o734" -70110Sf0< IIO!etl.94 FOUND CHISELfD "1:"' COHCAETE -10110e0.35 tt07•.oe FOJHO CHISELED T IH CONCRETE 1007 7001211.80 1105ei;IZ FOUND HUB WTH FU<lOI<G -7012M.n 1107211.38 FOUND IS RE6IrR WTH 'I'B..l(JNPLJBTIC CJtl' STMFED 'UtOtOT -7072'1.31 1107111.211 RlUND 112" RON ROO .. COHCRETE 1010 70712141 1107111.72 fOUND 115 RE&IA Wll4 P..AST1C CN' STMI'ED U 14070" 1011 707t44.40 1 IOSI3.3S 1S ,trlUt.INUWCN N cx:NCRETE 101102 703U3.33 110t41.04 fOUHO .. RE&IA IQ200010 708208.3& IIO$SU5 FOUND DRUHCU ~ I i t ~ i' l ~ ~ i ~ • ~ ~ ~ i ' Colorado Deportmen t o f Transportation Sheet Rev isions OHCtRt!Oft She e t Rev isions Sheet Rev isions rom UUJCXXI: ~ 2000 South Hol y -Oenver,CO 80222 Phone: 303-757-9923 FAX : 303-757-9390 Region I 1101 53091 NORTH 114 CORNER SECTION 28 T.3S .,R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX WITH WATER LID STAMPED AS SHOWN 110 163091 CENTER 114 CORNER SECTION28 T.3S .. R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX SL K SE 1/4 SECTION 21 T3S, RS9W, 11TH P.M. N 89"12'So4" E _ 2&42 .09' l2oo••l EAST 1116 CORNER SECTlONS 21 & 28 T.3S., R.69W 6TH P.M. RECOVERED No . 6 REBAR IN RANGE BOX NO CAP NE 1/4 SECTION 28 T3S, RS9W, 11TH P.M. l'liTielt iii"" 110154091 SECTION CORNER SECTIONS 21. 22 .28 T.3S .• R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN l2oo20j NORTH 1116 CORNE SECTIONS 28 & 27 T.3S ., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX ILLEGIBLE MARKIN· 110 164091 WEST 114 CORNE SECTION 27 T.3S ., R.69W 6TH P.M. RECOVERED 3.25 BRASS CAP !1: !:!!!! ~~ z IN RANGE BOX STAMPEDASSH STAMPEDASSHOWN -----------o-----------N&9-m3"E 2637 .25' SE 1 /4 SECTION 28 T3S, R69W, STH P.M. !:; it>Z "-O <;~5 ~!I:~ l!i~i "'"'z ~~~ Z-' ~ :~ Ill ~ U:lXJ:UI 'Wx'l Bohannan .&Huston 1 r-1on ;:,ne e< 1 Proj!ct Number: STU 391A-oo8 9785 llaroon Y.clo SUit 140 Englewood, CO 80112 SW 1/4 SECTION 22 T3S, RS9W, STH P.M. N 89"39'35" E ----------§!] WEST 1116 CORNER SECTIONS 22 & 27 T.3S.,R69W 6TH P.M. RECOVE RED 2.5" ALUMINUM CAP IN RANGE BOX STAM PED AS SHOWN NW 1 /4 SECTION 27 T3S, RS9W, STH P.M. Project Locotion: KIPUNC STREET, BE~~~E_N -~· J2nd AV ond W 44th AVE, SEC .22 & J.t 1 !.):». tm~w. o 1n t".M. iiCt COOijiLott "'"-DOt• -•n...'n'4 """ 110155091 NO RTH 114 CORNER SECT10N27 T.3S ., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN N l SCALE: 1"•400' Mia Post Note: A variance wu fiekJ measured between Mile Post numbe< 8 and Mile Post numbe< 9. The field moosurecllocollon of Mle Poetnumbe<8wnln ...-oon~onnonco -COOT-data. Mle Posllnlonnallon , ulhown on tho Project Location Map o.r.in, Is baed on oompuled -11om tho tleld meuureclloc:olion of Milo Post numbe< 8. llot6509j CENTER 114 CORNER SECT10N27 T.3S .. R69W 6TH P.M. RECOVERED 3.25" , ---·--~ BRASSCAP "" /PyEy IIO"\\~ IN RANGE BOX _ _!Y_3~ __ &---__ ----STAMPED AS SHOWN ----~~-~69"~s-~w--------~ SW 1/4 SECTION 27 T3S, RS9W, STH P.M. t ~ ~ I t ~ I ~ ~ ~ ~ 2 ~ ~ ~ ~ Colorado Deportment of Tronsportotion ~OQ 2000 South Holly Sheet Revisions Sheet Revisions ~ ll'::t;u "' iii XIXUXU Denver, CO 80222 ~ Phone: 303·757·9923 FAX: 303·757·9390 Region I SLK NE 1/4 SECTION 21 T3S, R69W, 6TH P.M. N 89"35'13" E 2652.43' ~--------------------- ltot •3091 ~§ '/lHEAr.f;: ~0144091 CENTER 114 CORNER ~ l 5 1 J 212 (?~ WEST 114 CORNER SECTION 21 V 1/4 SECTION 22 T.3S., R.69W S 21 1 S 2 l T.3S ., R.69W 6TH P.M. 6TH P.M. RECOVERED 325" RECOVERED 3.25" BRASS CAP BRASS CAP IN RANGE BOX IN RANGE BOX STAMPED AS SHOWN STAMPED AS SHOWN SE 1/4 SECTION 21 T3S, R69W, 6TH P.M. 12002~ SOUTH 1116 CORNER SECTIONS 21 & 22 T.3S ., R.69W 6TH P.M . RECOVERED 2.5" BRASS CAP IN RANGE BOX WITH WATER VAJ..VE TOP - STAMPED AS SHOWN :1l 110153091 NORTH 1/4 CORNER SECTION 28 T.3S., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX WITH WATER LID STAMPED AS SHOWN 12004 41 EAST 1116 CORNER SECTIONS 21 & 28 T.3S .. R.69W 6TH P.M. RECOVERED No . 6 REBAR IN RANGE BOX NO CAP N 89"12'54" E NE 1/4 SECTION 28 T3S, R89W, 6TH P.M. 110154091 SECTION CORNER SECTIONS 21 , 22 .28 & 27 T.3S., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN :X: "' fli\di 'iU Sheet Rev isions ~ ~ Bohannan .i.u.~ I r-.unu ..,u, Y~~;y ""unu ut u•uyrom )l)(l nui:MLIIII ...... ..... • I nxuxu 0 9785 lolaroon Circle Suite 140 [nqewood, CO 80t12 NW1/4 SECTION 22 T3S, R69W, 6TH P.M. SW1/4 SECTION 22 T3S, R69W, 6TH P.M. [§] WEST 1116 CORNER SECTIONS 22 & 27 T.3S .. R.69W 6TH P.M. RECOVERED 2.5" AJ..UMINUMCAP 7065PP7061 "P[S .2 •5 .~<~"'> / IN RANGE BOX ~ STAMPED AS SHOWN ---------------- Protect Number: STU J91A-008 ond W 44lh AV[, SEC .22 & u, ,.,;,, I"'"O:f"• o •n '"·""· l.rt.:'in9'!'· .t; N I .. 200' .... SCALE: 1"•4 00' 110155091 NORTH 114 CORNER SECTION 27 T.3S., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN ' Ri'7.04 .... ~-··-"""=----· 7044 N 89"39"35" E 2651.65' \. 7043 70 .. 2 '7041 7040 BASIS OF BEARING N 00"12'38" W 2663.15' "W. LINE NW 114 SECTION 27" NW1/4 SECTION 27 T3S, R69W, 6TH P.M. f i f ~ ~ i i I ; " t ~ 0 ~ ~ Sheet Rev isions Sheet Rev isions Co lorado Depo rtment of Transpor t ation ~ ., ---!!!!!!! nitdt iii"" Sheet Rev i sions ,,ion rom :~~ ........ I r tun .;)nt:tn I -Reg ion I XXX Proi.t:l ..... ,._., rTu '~""'a """"" xxxxxxxx iii XXX XXXIX iiiiiiii" ~:~er~~ucih ~g'122 Phone: 303-757-9923 FAX: 303-757-9390 SLK 110133091 NORTll1/4 CORNER SECTION21 T.3S., R.69W 6Tll P.M. RECOVERED 3.25• BRASS CAP IN CONCRETE STAMPED AS SHOWN SE 1/4 SECTION 18 T3S, Rti.W, 8TH P.M. N 89.2T35" E 2659 .38' CITY OF WHEAT RIDGE SURVEY CONTROL POINT PHAC-2 9/16-STAINLESS STEEL ROD WITH A SLEEVE AND DATUM ACCESS COVER CITY OF WHEAT RIDGE SURVEY CONTROL POINT PHAC-4 9/16• STAINLESS STEEL ROD WITH A SLEEVE AND DATUM ACCESS COVER NE 1/4 SECTION 21 T3S, Rti.W, tiTH P.M. 110143091 ~0144091 CENTE R 1/4 CO RNER WEST 1/4 CORNER SECTION 21 SECTION 22 T.3S ., R.69W T.3S .. R.69W 8Tll P.M. 6TH P.M. RECOVERED 3.25• RECOVERED 3.25- BRASS Cfol' BRASS CM' IN RANGE BOX IN RANGE BOX STAMPED AS SHOWN STAMPED AS SHOWN N 89.35'13• E 2652 .43' :1 3: ~· 8 110134091 SECTION CORNER SECTIONS 16, 15, 21 & 22 T.3S .,R.69W 6TH P.M. RECOVERED 3.25• BRASSCfoP IN RAN GE BOX STAMPED AS SHOWN 9785 llaroon to-de s.ite 140 Englewood, CO 110112 SW1/4 SECTION 15 T3S, RtS.W, 8TH P.M. 2641 .94' NW1/4 SECTION 22 T3S, Rti.W, tiTH P.M. Z l ~ ::1: !!l. Iii " z :::; Q. 52 '"" Q036 PP7033~7034 PP7037 7035 Q_ 9 ~lh_A~ PP7037 -l PP70JI ~--------------------- SE 1/4 SECTION 21 T3S, Rti.W, tiTH P-M· PP10200010 .,,_, .. 200' ...!! . ~ 110135091 NORTll1/4 CORNER SECTION 22 T.3S .. R.69W 6TH P.M. RECOVERED 3.25" BRASSCM' IN RANGE BOX STAMPED AS SHOWN N I -100' SCALE: 1"•400' ~0145091 ~----------------------------------------------------------------------------------------------------~ ~ j ~ i ~ : l ~ i i ~ ~ ~ t ~ :i! Colorodo Deportment of Tronsportotion Sheet Revisions Sheet Rev isions Sheet Revisions RiQht of Wov Pions ' '' ., " a""' ., ' '·-..... Bohannan ~ Husbl Monumentotion Sheet ~0~ 2000 South Ho~ uu:n:u lXI IXIXXIU: lXI I:U:XXUI lXI Project Number: STU J91 A-Q08 9785 llaroon C6cle Project locotion: KIPLING SlR£ET BEl WEEN W J2nd AV( Oen..,er, CO 80 22 &ldJpl]li: Phone: 303-757-9923 FAA: 303-757-9390 SUie 140 ond W 44 th AV[ SI:C22 & 27 TJS R69 W 6TH P.W. Region I SLK [f191ewood, co 80112 I ~· " ' . • 0 TAIM-4TION OF COII'IITED LOCATION OF RIGHT -OF-WAY @ TAIUL.ATION OF R. 0 . W. IIOIIUIIEJfTS TO liE SET @ FOR IIFOIIMTIOIW. PURPOSES ONLY ,_ .... -!o-o....-·-0.01-~-.... ~ ll!o-~ 2000 1CD 150.1'MJ70 11057S.05611 a:JOT ~pt 1 .......,_. ........ 5400' 4100 103151 .00137 110571.0101J ,.. __ ony 2001 70ll01.11l41 110571.11077 axrr l'ypt 1 MotuMrc , ••. c. 51111' 410 1 70XD.&I031 11CI57U,...., ,.. __ ony 2002 1'03TI\) __ 110585.77a CDOTTypo1.......,_ ..... 17 C .OO' .... 1113781.74130 11 0513.?.- ,.. __ ony 2003 1D«a ... 711 1105&4 • .,.7 axrr ~,. t Mc:~n.mn .. 54.72 C .OO' .... 'IOliiOZ.1 ... 11DS1.11177'1 ,.. __ ony 2001 7041Z7.nootl tto5&un24 CDOTTypo1.......,_ 10.17.01 C .OO' 4105 11131100.01511 110551.11714 ,.. __ ony 2005 7'043C.li6431 1105113.,.,., CXJOT ~pt 1 MoruNnl 12•71 .13 47.fl1 .... 1Dll, 3 410211 11C11551.25)18 ,., __ ony 2001 70151W.1~ 110571.41151 alOTl'ypet~ 27+CD.52 ... 00' 4107 10«117 .37432 11D!557.te34 ,., __ ony 20111 101351.111e3 110510 . ..-CDOTTypo1......_. 32 ..... cw ... 00' .... 104121.21$&3 1 1CII!II2.~ ,.. __ ony 2001 7C8)311.11214 110515.75435 CDOTTypo1......._ .. 25 .• 51.111' 4101 l'042$3.lll143 110!512.CDI3 ,.. __ ony 2001 ----1 10515..23Q21 CDOTTypo1......_. 52•13.11 51,10' 41 10 104382.S31113 110!51 1.53484 ,., __ ony 2010 7015e5.:M154 1101!114.71Ce5 CDOTTypo1......._ 54+!4.55 57.10' 41 11 70512t001. 110!81.-- ,.. __ ony 2011 __ :285)5 1105&4..11414 CDOTTypo1......._ 54•13.10 41.00' 4112 105151.01155 110511..21311 ,., __ ony 2012 --42"" 110!63.2cat CDOT~po1 .. ....._ 51+31.7'8 41.00' 41 13 70m51.t1481 110551.o7'0n ,.. __ ony 4114 7'08083.17473 110551.cme5 ,.. __ ony 4115 JOI2l1.03'11 110!50.12573 ,.. __ ony 4111 101351.13'31 110550.14100 ,., __ ony 4111 -~-1101!113.01215 ,.._._ony 4111 JOI2l1.42$40 11cel2...,. ,.. __ ony 4111 101341.24383 1101582.11131 ,.. __ ony 4120 -.51211 110!112..1lDl1 ,.. __ ony 4121 -.2-110512.51221 ,.. __ ony 4122 -.25110 110552.&11 • ,.. __ ony 4123 101410.25111 110!562..4IMO ,.. __ ony 4124 101515.25813 11 0552..21014 ,.. __ ony 4125 -.21415 11 05S2.011517 ,.. __ ony 4121 701740.41513 11 0551 .11111 ... __ ony 4121 1'017.t0.4llt4 11 01541.11201 1'0<-P-Clny 4121 101100.43711 110541.a..o1 ,.._._ony 4010 701142.4lll0 11 0541.2SII1 ,.._._ony 4011 -.425a 11055o4.23101 ,.. __ ony QUANTITY OF /.IONUAIENTS TO BE SET NOTICE: Accor~ to Co'ofodo Mlw you must commence any teqoloc tion bosed upon ony General Notes: defect n this St.rvey wt i!Wt three ;,ears orter you farst ~:heaver such defect. In no event CAP IOUCNT TYPC ~ o~~ o~f; 0~~ ~li~T;on e~~~~ ~~0~vey be commenced more than ten years TYPC I /A 1 ]A J .M ' 5 5(5 6 I. M centerint Met offset stationing may not reptnenl lht centerline as constructed 11"1 the f~ 1/U[RfNC£ 2 Refer to the W-629-1 Suney Monuments of the Stondcl"d Pb'ls do ted ..Uy, 2012 IOIXICI 1'1 The Cob'odo Oepof'l~Nnl ol IIQW ., I h<mpat lotion, U P, S Stmc:kl'ds for wvey morunent descrC)tiotts SUMYOR STATEt.tEHT (ROW PI.NI) ~IRa J . This ~'~on set rs subject to chonqe ond may not be the most cl.W'rent set It is the uset's re~iblty to verify •1lh COOT thot tt'is set rs the most cur rent. The l'llormobon con la..ed on the ottoched dro...nq is not vc6d uriess IM copy bears on ~t:t:'o~t:f~,.'',:,:::'s'r:t. S::'7f:c:..*:: ~trN~~t ot N.IOI.XI T CUIJC// or~ signott.Ke of the Prolessionollond Surveyor hereon no-ned. Tr~totion lhol boud &pan m1 t no..,., "lormol""' rtd Hill, Pf/1JIN€NT (AS[I£NT rH«~TcJt. cdcubtiotd ond •Witlot/01'1 of the w ~r ,.,;,w,c • ...,. Coorcino te Oalt.m: Project coorcSnatn ore modifttd Colorado State Plcnt Cen!tallone NAO 8J/92 coor6nat es. The c~ed = ~~; ~~:::. "!: ;,r:.'t~ 7t PRO.CCT POINTS elevation/scale foetor U1ed to modify l~ coornles from StOll plone to prOjeCt coor6not es is 1.0002~226062 {JI'«Iicf dlfnH by Cttlolodo Ofp<rtmtnt of TrtJIMP(I'Iol«t pdlkotitlns. The resUt~ cwoject coordinates ore tr\I"'C.olld by 1,000,000.00 n the Norttft) ond J,OOO,OOO.OO n the Eos ling ofler ThiJ stoltmMI 4 fiDI o ~t~t~ly or wrronty, ,,,. IIPfns«/ or i-rJWd. convert~ from stole DkJne coordi'lotes to ptoject coorcSnates The City of Wheal Ridqe Survey Con trol Net work is bostd on the NAD 83/92 dot~.m. Pr.S No. Jl99J "fk~fm."!!f' for ond en lMhdf o /Bohtlmort~lon, Inc. Colorado Deportment of Transportation Sheet Revisions Sheet Revisions Sheet Revisions Riqht of Way Plans " Dna ... ..... " ... ..... I ,, .. . ..... Bohaman ..t.!Uton t.!onumentation Sheet ~0~ 2000 South Ho~ 0 • . ... , JO ... TY xxxxxxxx XXX ... '' XXXXXItXX XXX Project Number: STU 391A-Q08 •I Denver, CO 80 22 9785 llaroon Circle Project Locot<on: KIPLING STREET BETWEEN W .lnd AVE ~ Phone:JOJ-757-9923 FAX:JOJ-757-9390 SUie 140 ond W 44th AVE SEC .22 ~ 27 T69W 6TH P.M. Region I SLK Erte;ewood, CO 80112 o' t Cocw. lott Wod. " s.m.t .... . • • TAIUI..ATION OF TEII'OIWtY EASEIENT POINTS FOil INFOIIIIATION ONLY TMUl.ATIOII OF TEII'OIWtY EASEfiBIT POINTS FOil IIFORMTIOII ONLY 0 .......... -..till . ....._ Dt-··-._t""""' 0 ........ -.._ DtiOII-··-Ollltl""""' :1000 70)150.27363 11058'.11101 Tf-1 O+lUI lUll' 3031 -.2a!W1 11*2. ... 18 1!-15 Shl3.!1 .._,.,. 3001 703311.CJI711 110510.17515 lE-1 /lE-2 2• ... 31 "'·"" !1000 ,.....,2511'7 tt0582..•n 1'1!-15 /TE-11 11&>21.57 IS.!O' :11102 103ll1.0l321 11057S.17M3 TI!-1 /TI!-2 2•1D.2t IS.OO' lOCI ~.21.312 11 0564.01573 'M-15 112-11 11&>21.!8 .7.00' 3003 7033DCI.IoW23 11057$MD10 Tf.C , .... 01 55.00' 30C3 M740.51131 t1D!Il.3tt!5 'T!-11112-tM 5e>21.• IS.!O' 300'5 703511.01177 1101571.71111!1 Tf~ C+05.31 10.00' 3044 701740.S0!05 110553.1 1174 T!-11/TI!-tM No21.14 .. 7.00' 3001 703!11.042113 11057<.71127 Tf~ 4+05.21 ISOO' 3046 -.72853 110571.14111 1!-12A 32+ .. 01 ...... am 103!15.11117 110511.71NO 1!.0 4<05.28 ...... """' _ ....... 110515.31)11(1 l!AlA / "JE..UC 12+31.12 17.10' 3001 703!11.01111 110&77.7117'0 1!.0 4+QUO !1.00' 3051 -.23010 110573..11342 11!-llA I 11!-llC 52+31.!11 ..... 3001 703!41 .CIUI1 110577.12413 T!-3/T!-3A 4•3D.JO ....... X'52 101404.ecl115 11 0573.73017 1E-13C 52+13.11 ee.ocr 3010 .,_,..,. 11CIIII.CI2T53 T!-311'!~ 4•30.28 ...... 3053 701414.23151 tt05T.UI234 1!-13C/Tf-1JO 13>73.52 ee.ocr 3011 70)774.-110&7$.18:)211 11! .. ...... 13 57.1Xr 1'64 701414.2AT.IO 110515..01221 ~~13C I lE-tlO 53o7UI 57.!0' 3012 1'03102.072411 11Di!IM.I57tM 1'!~11!:~ OoC.2A 47.011 3051 --110812..14751 lE-Wt/Tf-118 ...... 56.!0' 3013 703107. 110!50 110575.14110 1! .. /Tf.S ..... 34 57.00' 3CII m.eG.41533 110511.73113 lE-1111 ••. 72 55.10' 3014 _..__ 1105~ lE-511'!: .. ..al.lO 17.00' 3017 -.10413 tt0553.14m 1!-Wt/Tf·tte .... 14 47.00' 3015 703ttS.72230 ttONUSOOI 11!-6/11!.0 ·-· 47.1Xr 30!1 103&41 .CR» 11 DST7 .2573f lE..JA 5+3030 51.00' 3011 700012.-7 110574.70215 lE.O 1+61.13 &7.acr xs 7031«111107 1 10!11.21CX)t lE..JA 5+3021 1000' 3017 704124-110574.41142 11!-1 1~1 .. .22 57.1Xr 3011 704:MI.ID330 tt0574.02224 1!-7 /lE.O 11•)1.17 17.00' 3011 1CMZ52.70174 11CII!MM.01t. lE-711'!:-1 11 .... , •• 47.aa 3020 704312.12770 tt05n.534«) 11!.0 12+71 •• 57.00' 3021 -10363 110571.21307 11!.0/ Tf-10 ....... 7 ...... 3022 705107.22SN 110571Jt2137 11!.0 ,.. ..... 11.00' 3023 7t151N.15418 110571.21)01 ~.a /1!.-10 -·I 11.00' 302A -15312 t 10571.07D!I TE-1011£-11 -·· 11.00' 3025 7010!1. tOZTt 1 10571.011a Tf-10 /Tf-tt -·7 80.00' 3021 -10777 110&71.~ 11!-tt /Tf-12 21+53.47 ...... 3027 -~ ... 110571.DDI7 TE-11 11£-12 21o53.11 11.00' 3021 7'01231 .~ 110571.12554 1!.-1211'!:-12A 31•20.51 ..... 3021 70123t .tntt 110&10.12511 1£-1211£-12A 31+20.64 ..... 3030 7WC31.12 \11 110&74.25435 Tf-17 .. 25.. ... .. 3031 70UII.201st tt0574.DI210 lE-IlA /lE-17 10+11.17 .... t ~ I 3032 -·-tt-.51215 l'f·1 3A /1!·1 7 10+115.57 57.10' 3033 -.nl57 ttosn.41513 lE~130J~ .... 53o71.52 ee.ocr --.mTI 110573.21010 lE-14 -.12 11.00' 3035 -:14732 110514 ... 1!.·1 3D I TE -t .. 53+71.51 17.!0' ~ " ~ ~ ~ ~ i ~ t g ~ ~ ~ i i ~ !i ~ ~ l ~ w.v:t~:: Sheet Rev isions Sheet Revisions Sheet Revisions Ol iii Colorado Deportment of Transportation ~ uxuux .. ciatt iii ~ XU!IIUX ~:~er~~~h ~~~22 Phone: JOJ-757-9923 fAX: JOJ-757-9390 Region I SLK I ~ I a 1 6 ~ ~~I Township 3 South, Range 69 West, 6th Principal Meridian NE 114 SECTION 28 -z ~ I I .0~~COR. W. K CORNER 1527 BEG IN ROW PROJECT PR~ ~lEXIST .ROWLLNill \ CfB)~ I \ ------7 ,-/ ET '---.-..-KIPLING STRE nFTAII "A"-NB (SH 391) STA.. 0+40.03 (54.00' Rn BEGIN COHST. PROJECT STA. 0.45.87 (.ta.IW' Rt) • STA. 0+00,00 (0 00' RT) "CITY PlANS" ! ~ ~ BASIS OFBF..ARING, NQO-IXJI• W 2663 .15' '"" •w. liNE NW ~ SECTION 2r THE DEPARTMENT OF HtGHWAYS STATE OF COLORADO PARCEL 152 BK 2211, PG 575 OCT. 12, 1i70 "'jo~ -,_. W) ~----!OlY~~--hee DETAIL.,. I THIS SHEET~/ I I 1 / -l c \ @~ hJ<r I I 8K2..,.,PG369 ~ NOV. 10, 19n ,...-. ....... REC NO, 2008056383 I '---11 ) ® THECITYOFWHEATRJOGE l ~I @ THEC:;G;r?:!~~IDGE :::; ui t t----t t t----1 z I > --------.-----------. Q ~I <i • CENTERUNE -·~ t :,., "0 KIPliNG ST ~~~~I ~~~ ~ ~ ('t') I "CCNST. PROJECr ~...J &~ I "CITY PI.AH' 1-::" =¥=::~· =;:::-="::' ~· =-:=;~ EXISTING ROW STATION ,.f--• -I "'R PROJEcr J - - -PROPOSED ROW =~~~~-I 'Coni! Pnijocl" ond 'ROW Projed" • -Uno (Contottlno al K;ping~ l a Plono". City al wneot- Si,"Jj; No &4:1-11 ~olong~~=-rrail "" J J "" 10 T1 T2 T"" T45 H8 T47 T .. Ho T50 T79 RUTH J. MONTONY 3280 KIPLING ST, WHEAT RIDGE, CO 80033 REC . NO . F1430973 T.,_.Oola BEARING DISTANCE N89"'29'WE , ... N86"58'51W . .., see·58'st"E O.IIX SW28"45"W 5w 589"20'45"/Y 3.00' SIV'"28'4~ ..... N89"28"45~ ..., N00.12'38"W _25 00' S89"29'4s-'N ..... S89•29'45W . .., ~ iiF-1 Bohinlan ..l Huston l n~-:uo u. ~· C'Tu .-.. :~~~~II'CO'CO\ I tm _.OOftGctt W.140 ~CII10112 .. THE DEPARTMENT OF HtGHWAYS STATE OF COlORADO PARCEL181 BK 22M, PG 854 SECTION 27 "' ! Iii GERALD A. BENSON 3300 KIPLING ST. J2nd AV[ 27, TJS, R69W, 6lH P.lrol . =I ~z ... 110' SCALE: 1"•40' i j z ::1 '"g,..:~i WHEAT RIDGE , CO 80033 ,f~ z(I)0- 11! !i u. ~"" <5'8": ~"'a:~ ,. .. J~lii " i"' "" filili wU 0~ .. REC. NO. 78041 V84 DEED PARCEll I: ~~~~.;:\I I 1' I I , ll ·,'-~ I ~ I ,.rk~-'FF-. If~. -rlf -~· ---:1_ -~mgeTRAl. : i ~ ... ----r--·- 1 I I CITY Of WI lEA T RIDG E PROIF.CT 1'0. S-Ol -I ' I "" Lt--t_L( t-1 ill J ..... .:-\ I ~I~ I ' ' TYPICAL STATION LOCATION DETAIL NOT TO SCALE NW 1/4 SECTION 27 ~ I I t ~ f l I i § ~ i: ~ t ! Co lorodo Deportment of Tr onspor t oti on ~:~er~Cud h ~0~2 2 iii Region I Phone : 303-757-9923 FAX : 303-757-9390 SLK THE DEPARTMENT Of HIGHWAYS STAll: OF COLORADO PARCEL 1t!li1 BK 2208, PO 854 REC. NO. 7804 1984 5Jiil ~!:~ .. ... ... DEEO PARCEll ,.., _j_ =:)~w ...... L t t ~~ Sheet Rev isions '" iii Sheet Rev isions o;er;,;; xuuxxx .. "'iix Sheet Rev isions ~ XUXXXXI l'liticll iff'~ Bc:hna1 •Huston l o.-~-· u. ~ , cT•• ·,~';':~~'''100'1;;;\ I 1715 ...... ()ell W.IOQ £.-CO IOIIl J2nd AVE Township 3 South, Ran ge 69 West, 6th Principal Meridian =. "'"z T3 T4 N00"12'38"W 32.40' T5 NOr20'2rE 2.15' T8 500"12'38-e 32 .3T T7 Ne7"20'2rE 1.5T Tl SM'"01'10"'W 1W Til N74"3T'38"W 1.2T na NH-a'.(S"'E aw T4t N00"1'nrw 2500' T50 SU"29'45"W 8.00' T51 ssr1r1rw 10.82' T52 Nar21I'22"E 1081' T53 N00"12'38"N 32.35' T54 S88"0 1'10"'W 10.00' N74"'3T3rW 10.38' S80"211'•5"W I .W t t (TE -4) ROCKY MOUNTAIN WATER COM PANY P.O.BOX507 GOLDEN , CO 80402 NO BOOt< OR REC. NO . FOR THIS PARCEL ROCKY MOUNTAIN WATER COM PANY W/43 CONTACTED ON JUNE 24 ,20 13 THIS IS A PRESCRIPTJVE EASEMENT AND THERE IS NO LEGAL DESCRJPT10N ! NE 1/4 SECTI ON 28 THE DEPARTMENT OF HtGHWAYS STATE OF COLORADO PARCEL151 8K 2115, PO 381 .M..Y 3, 19&9 CHARLENE RUSSELL 3370 KIPUNG ST WHEAT RIDGE. CO 80033 REC. NO. F0465400 LOT18 HIUHAVEN SUBOMSION REC . NO. 51503C)g7 ~ TtE DEPARTMENT Of HIGHWAYS STATE OF COLORADO PARCEL150 BK 211 4, PG 481 JUlY 13, 1889 .. "' ... SC AL E: 1"•40 ' ... I I ANH NGOC LE & TIWIG LE I I WHEAT RIOGE. CO 110033 3300KIPI.INGST. I REC. NO . 2007081227 ,' LOT17 I HILLHAVEN I }- "" RE:u::~7 -I I ¥ I I . • • =" • ·~,' !~s 1 -j HIUHAVEN Joo SUBOMSION ~ I I I -··=· I I 1: I \ __j~ ,' ,' NW 114 SECTION 27 ·r r ; r f I t ~ j ~ i j ~ ~ " l ~ " Sheet Rev isi ons Sheet Rev isions Rioht of WQ'L Pions Colorado Deportment of Transportation IIAlioJJ 2000 Soutn Hol y Sheet Revis ions ~ n:xxxxxx l'llltdt .... iii"" iiiiiiii" ,.,.,.. iiX --l:2!! uxuxu: ~ Bohannan~lblacn I Pion Sheet 1 Project Numbf'f: STU J91A-oo8 Denver. CO 80222 FAX: 303-757-9390 SLK tmMarOOftGdt Soilt 140 (...,_CDIIOIIl Project Location: KIPliNG S~~E!~~~~;,:.N :T}:~. AVE ond W l4th AVE, SEC .22 II ,..,, ... ..~, """"• ""' .-..... "' Township 3 South, Range 69 West, 6th Principal Meridian =I ..... z NE 1/4 SECTION 28 ~ "' ·~ THE DEPARTMENT OF HIGHWAYS SCAI..(s l ~-..0' STATE OF COlORADO STA. 1~17 .01 (47 00' RT) a:~;7~~4!17 AUGUST 22. 1969 BEGIN ROW PBMCJ END ROW PROJECT END ROW PROJECT THE DEPARTUENT OF HIGHW'AYS STATE OF COlORADO PAACEL150 BK 2114, PG 487 JUt y 13, 1969 STA. 9+54 72 {47.00' RT) END CONST. PROJECT STA. 9+<'S.s3 (39 TT RT) j ! I BEGIN CONST. PROJECT I THE DEPARTMENT OF HIGHWAYS STA. 10.2e.60 (39 81' RT) • STATE OF COLORADO STA.20+00.ClO(O.OO'RT)'ClTYPlANS' KIPLING STREET .:~~,;.·~33 ~ ! (SH 391) ~ ... SECTION 28 7 BASIS OF BEAAJNO N Wll'JI~ W 1663 1~' ... , I ~ ... ,.,..~ S~CllON 27 "W. UNt-NW ~ SECTION 2r --· . --t'! ~ I \ ~1(3) SEC 2 N00'12'38WW 148.151J I 30161 ,' AI+! NGOC LE ' TRANG LE I 3390 KIPLING ST. STE~IE MARTIN WHEAT RIDGE. CO I!KI033 3400 KIPLING ST ,_ REC . NO. 2007001227 L I WHEAT RIDGE, co 00033 I I REC . NO. F2080993 REC. NO . 565288 I I LOT 11 3<>-;-1 LOT,. LOT 2 I ui I HILLHAVEN I 3<>-.__f HILLHAVEN HILLHAVEN ~ SUBOMSION I f SUBDMSION ,_ SVBOMSION REC .NO 51503097 -f !Jj f REC .NO.S1503097 _j REC NO 51503097 ~ t t t t ;; ,' 70t' t t t t t t t t --: M s I I ~ LOT 19 HILL.HAVEN SUBDIVISION I ~ I II ~ II I I II 10 :=NGOolo DISTANCE I' I I T9 N74"31'38"W 1.2T II II ;:~ ;;;::= ~: 1 T12 S89"34'4trN 2 .00" I TS5 N74"3T38._.., 10 38' I T58 N74"30'5t._.., tO 39' 1 1 T51 S89"34'4trN 10.00' ~7053 / 1 7056 I p / ~ NW 1/4 SECflON 27 '"'· ~ l I t ~ f l I i ~ Sheet Rev isions Co lorado Depa r tment of Transportation .. Shee t Rev isions OHCrOtoOrl "' ii:x Sheet Rev isions Riaht of Wav Plans !£.t1 I Plan Sheet I ~ Bo~wn~n •~tJston Proiect ~Unt>..-: STU J91Hl08 "iii XltXXXllkX IIXXXXXXX -~~er~C(jh ~0'122 tm""-o"' -140 E....,_ co 110112 Project Location: KIPLING STREET, BETWEEN W J2nd AVE Reg ion I Phone: JOJ·757·992J FAX : JOJ·757·9J90 SL K .......... .our r~,. .... a ................ ~ .......... . _..;; ':: ~.;:;-. .:.;.~. SEC .22 t. 27, fJs,-R69w-, 6TH P .... L . '" .. BASIS OF BEAIUNO N00'"12"JI•W 266l.IS', -w.l.J}I.'l!.NWK SECllON27" e:;T~R£1Nj ~ I ......... - Township 3 South, Range 69 West, 6th Principal Meridian , ~8005 ~ FO .WSW. ~ RW-11 SE 114 SECTION 21 ;: ~ \ 1! T18 ...J..._____ \ THE DEPARTMENT OF HIGHWAYS THE DEPARTMENT OF HIGHWAYS ,~--......,--..4 ... -~ -, THE DEPARTMENT OF HIGHWAYS STATEOFCOlORAOO STATEOFCOlORAOO 3025 1 3020 STATEOfCOLORAOO PARCEL ,.. BK 93, PG 37 \ ! I I PARCEL 139 8K 2153 , PG 713 APR.l. 2. 1987 ' I ..... BK 2130, PG 564 JNI. e. mo ond \-t t ,..../ SEPT. 8, 1900 I KIPLING STR~~;OJECTNO.RJJOO.l" '-1~-;·,1 Tie jl;., TE -ll I ~ --~.....ft"' 8 I 8 sulSll OFTAtt"A".Nis (SH 391) te ner•• y.NIS g :, S27lS , . . . 1"'1 SECllON 21 ~i ~~ 22 BEGIN RCNI PROJECT '1! W UNE SW 1o.: SEC110N 22 1 \..sEC.COJL~l .IS STA.27+14.58 (IIO.OO'RT) ' SECTION22 BEGIN CONST. PROJECT STA.27+22.08(5111'RT)• ~ STA. 30+00,00 (0.00' RT) "CITY PlANS" -------------- --------. ~~.~2 --.-1- g • ~' ~ .....,_z :10' ·~ SCALE: 1"•40' l" E 1 ~ ~--~ HILLSIDE SUBOMStoN r~- ----t tREC. NO. S85800 REC . NO, S85800 I RO.W. PROJ SECON> CONVENIENCE STORES ,. t t -- 1 RII00-247 ADE~=~oo.. I (RW -10) (TE -10) (RW-11 )<!B!) (RW -12)(TE -12) .. I I WH=R~c"o"ioo.. I ACOlORAOO~I~~t~kCOMPNrf 1 JEFFERSONCOUNTYSCHOOL (RW -t 2A)(TE -12A) r- N ! "' ~ ~ u..i ~ :; co M 3: ~~ I REC. NO. 88018 3850 KFUNG ST. DlSTRtCT NO. R-1, LARJU UC I I ©......., ... ,_... .. I WHEATRIDGE,C080033 "~~~~TlOH ACOlORAOOUMrrro I I -"" s..--..... l7) REC.NO .FI9590110 WHEATRIDGE C080033 UASUlYCOMPNrf I LOTIO I +---V "" ......... ~·Aoc.No.f0231301 I Q)......., .... ,PSCO-• JIIOOKIPUNGST. I I <D """"'"'"'PSCO-Aoc.No.IJ088768 Aoc.101.8711M768 ~ REC .N0.85008510 WHEATRIDGE,C080033 .. L HILLSIDE SUBDIVISION {!) ......... T---nl,...__ N..._ I -No.-2<7,PE .. Aoc.No.2008002573 I I-'i.WEST T-Dolo REC.NO.F20541104 I @ ....... OIT--..nl--JIITHJ>lACE I) BEAR I PrajlctNo.NX:. 3t1.MIOJ,PE-1RK.No.2012111101 ,. I LOT2 ~ACATEO" • lNG OlSTANCE I~ ® s.Ao,oclOI&i..t -llooltU44,1'1go!ll.310 C1RCI.EKSU80MSION I REC.NO 13113119 Tl 3 S893II'OI'W 5.00' I I: <D ......... -·Aoc.No.f0)30567 I FUNGNo.l ~:: ::: ~·: .. t t-- k I LOT 1 REC . NO . 87042552 ,. 5 00 . CIRCLE K SUBOMSION """t--(j) lREC. NO. 85001510 T1l N006(W'55-,v S.OO' 1--FI.ING .... , I -Tl7 NW~ 20.00' IT r-------I FOR KIPliNG ST. T32 Nlr3S'25-e 2000' 1 I - ----.......... m set•38'01-.v a:oa ,. Hll.lStoESUBDMSK>N t t ~ '--......_ TOt seo"311"2S"W e:OO' ~ i ' L_ -+--~·~8704 2e52 ~ .. I @t5'ROWHEREBYDEOICATEO 1 ~ ~~ ~·: I LOT II ~ --........ ......_ I TIIO S89"311'00"N 8 00 I I L_ ......_ .. I Cu!wllolo -I -, SW 114 SECTION 22 I 10 DELTA ARC RADIUS CHORD CHORD BRG ~ I I I t ' I t ,. ct 38"33'24" 15.115' 25.00' ts.er str40'28"E ,. !i t t , 1 C2 1 24'21'3r 1 to.s7 I 25.00' I to.so I S4rt0'3Cl"f 1 ~t t I . C3 . Q0•1S'31 • . 38.31' . 25.00' . 35.44' . 545•28"2VE . f I t ~ .i I ~ ~ ~ 2 " f ~ ~ ~ Colorodo Deportment of Tronsportotion -Region I ~~~er~~cih ~g"/22 Pnone: JOJ-757-9923 FAX: JOJ-757-9390 SLK Sheet Rev isions ~ XXXXXUJ ,.,loiiil- iii"" Sheet Rev isions --··~- xxxxnxx .. iii Township 3 South, Range 69 West, 61h Principal Meridian SE 114 SECTION 21 I THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL139 BK 2130, PG S54 SEPT 8, 1969 KIPLING STREET QEIA!!•&•.NTS ~ !! (SH 391) ~ ~ SUNEPAR;.~~7~39 L t ·~;:_ - NliNE;;;. RECNO~ _115 OUI•....,IUO' ·-"· --~· ~ ~-"'"' --. -- 355205 ~QW_U .. ___ ~ g' ~ :!150' --- - -1 ,O.W-!1) __ -_""-~-•"i".t"" ~f=.,.,_ -= --~-~-= ~---~ • -• -·-----,--ww·• ~~ i-:: ..._ ---~~-r-~~ RW-12 F',;,..,.~----... r-,1'----.......... -~· -~~ :;;~;K RW -;; ~n ~ ~ d,. ~lll.SIOESUBOMSION HILLSIOE SUBOMS t REC NO 565800 t t t (RW-12)(TE-12),. (RW-11 )(fBD JEFFERSON COUNTY SCHOOL DISTRICT NO R-t , A ou.ts-MUNICIPAL CORPORTATION 3900 KIPUNG ST WHEAT RIDGE, CO 80033 REC . NO 85008510 'tWEST 38TH PLACE "VACATE[Y ,. REC NO. 136389 t--.~ 10 n• n• no T17 no ' I REC NO. 85008510 l• T20 T32 T60 TOI ·~·I --t~7 (RW-12A)(TE -12A) T.._.Doto LARJU .UC, A COlORADO LIMITED liABUTY COMPANY 3890 KIPLING ST ,. LOT 10 HILLSIDE SUBDMSION I I BEARING WHEAT RIDGE , co &0033 L REC NO F2064604 ,.t t t I Oe5TANCE m;·:MWE ·~ sag·:wocrw 20~ N00'"04'55"'W ·~ N89.38'00*E 20~ soo·04'55-e ·~ N89'36'25'E 20~ N89·36'25-e 20~ -·:MWE 0~ N89·36'2S~ 0~ SW 1/4 SECTION 22 lOT 11 HIUSIOE SUBOMSION f-t----t--/ ' / / Sheet Revisions ... iiiiiiii' END ROW PROJECT STA. 32+48.<M (60 .00' RT) END CONST. PROJECT STA. 32•51.67 (51 .08' RT) 50' -, I I I ui I > I <( I .s:::. I a; I (") ~ I I I r I 1os2 ,..,, "iii Bohanrlcwl ...1 Huston 1 "n.tn~.ut ':_~Y r1un::. I 171:!1 ...... Cfrdt SoOit 140 (-CO lOIII ~ ;,. ~ 20' J2nd AY£ 27, TJS, R69W, 6TH P,W. -,--- =. ~ z SCIIl[:t-40' ~ :!! -----~R~U~----- ,. ,. t tj ~. ----------. ----------. ----------. ----------. ----------1' I I I I ~----------------------------------------------------------------------------------------------------~ Colorado Deportment of Tronsportotion -~~er~(jh ~~'/2 2 Bchmal .&Husb-.1-..... ':~'::'..,.:IICC\ I Phone: 303-757-9923 FAX : 303-757 -9390 SLK CONST. PROJECT -S'FA:" 41•80 j{f(39.30' RT) • STA. 50+00 .00 (0.00' RT) 'CITY PLANS' STA.IO<OO.OO (0.00' RT) 'CITY PLANS' Township 3 South, Range 69 West, 6th Principal Meridian SE 1/4 SECTJON 21 Tl-IE DEPARTMEHT OF HIGHWAYS STATE OF COLORADO PARCEL 119 137 ~ N00"'4'ss·w 2630 .36' 1715MirOORGdr W.loiO E.,.._ CO 10112 I .. I ~I ~I I I .6-L.=.;.J 1 ~ ~~J ~~~~ ®~II \ VY I I II I ) ~_.....----r-------itf----hl !t!r I RW-13A TE -13A "' 1 il' =I ~ z .. ... ... sc.ru:: l•-40' NE 1/4 SECTJON 21 • I' T Dolo I = I I t-@ I @ Ill I 1! ~ ! ~ ::~~ D~= , __ _/1 JAN~~~I~OR L__ __ t_L_ (RW -1 3)DEL_jTE-13)~--Wil_~_ 1::~ _____ _ T• S89'55'52'E 2.50' "' (!) SUBDMSION ,. ~ re sw56'sre t2.50' FluNGNo.> fH I (RW -13A) (TE-13A) I (RW-13C)I (TE -13C) ~ n socr08'2n s.ocr I REC.NO.F1458195 I'W ~~ J DAUGtE.NBAUGHFAMILYTRUST J JANETDAUGHE~.TRUSTEE _f Te N89'56'17'E 8.50' -~ ~ ::0 ;,< .298 KPI.ING ST. OF THE DAUGHENBAUGH FAMILY TRUST I Tll S8i'55'06'W 8.50' PARTY WAll. AGREEMENT ~ ~ I WHEAT RIDGE, co 80033 I .300 KIPLING ST. ~ Ttl N8i'55'52'W 8.50' I REC. NO. 201oi02M31 !;; <.i I REC . NO. FCI'8U85 \ WHEAT RIDGE. co 80033 .. T14 NW58'Srw 8.50' ,. (5 ~ ® &itld ao 1 1cr N:llc '--Y ,_ ~ REC. NO. F()(Q:387 ~ T1 8 NW56'52'W 2.50' I (RW-17) (TE -17) I ___ ..... ®s...joci .. IIVI'IMcu.iy ~ ,. @s...joct"'"'""*C... ___ ..... 5 •2o10K1PUNGLLC.ACOLOAADO I __ .. .,. @s...joct"'"'""*C... a I LIIMTEDUABIUlYCOMPAHY COMMONLINE~ I @s...joct .. oSI'IMcu.iy-I __ ..... " I 4240 KIPLING ST. BY AGREEMENT Old'le-.fP.,Ptll I ~ WHEAT RIDGE co. 80033 REC. NO. 90013"7 I I LOT'· BLOCK 1 ; REC. HO. 201402&C2V ,. CHARLES E. REED MINOR 6 I ®SU>,oc1 ... _,VohhvtiNiu.!1-I LOTI ~ I SV8DMSION ~ p., J1n11 D. W1ww S1bN1ion '*If No.2 Pill ,. BLOCK 1 !! ) (!) s...jocl" ·--··· I JANET D. MINOR REC . NO.I87093521 2 Pw-0 __ ,., ... 2... SUBDMSION I ~ ®-"•3S'C...-9-.q.•-I I l / @s...joct"•--'B' I REC .NO.I1015832 ,. - N ( .. _0 ___ ,., ... 2... ®-'""*"-I JANETDAUGHENBAUGH TRUSTEE ~ @&.qec:tlollllen.~..-~ II ~ao~Rdt107.U20 OFTIEOAUGHENBA.UGHFAMILYTRUST ~ @s...joct"l--porRic.No.F1A0201 " Q?s...joct .. SI'IMcu.iy VACANTLANO ... ~ ~ • I 1 -Pw-UI2740 I WHEATRIDGE ,C080033 [ ~"'S_ROW.. REC NO F009366 • JlETAI ... -N IS ,. I SW 1/4 SECfiON 22 OO:IIporRic.Ho.B7tl5042 I 9 s...jocl· .. ,;,.,.a.tCtom NW 1/4 SECTJON 22 I I ,. 01oc1Roc.No.M1112321 lt}SI.iljtdtol5'lllidiROWiat ~OIIdlperRac.No.l7135012 • l I f § i ~ i ~ ~ • t .. ~ Colorodo Deportment of Tronsporto tion ~0~ 2000 South HoH'l: ~ De nver, CO 80 22 .,..,_; Phone: 303-757-9923 FAX : 303-757-9390 Reg ion I SLK '1 ---{r ~ --1~ @D <!® ,_ RANDY L JENSEN AND 5• NICKlE ANN JENSEN 4304 KIPLING ST. WHEAT RIDGE. CO 80033 t r REC 00 8~1 ~5 itt (RW -130) (TE -130) ,. .. JANET DAUGHENBAUGH, TRUSTEE I OF THE DAUGHENBAUGH FAMilY TRUST VAt;AHT LAND I WHEAT RIDGE. CO 80033 f-REC . NO. F0489368 ,. II 8 Wojoct»F1200'0UI C1oln ,. ,.I it)~~::::~ ~OildlpwRic..Ho.l7135612 I r Sheet Rev isions Sheet Revisions ~ UICXlliU Sheet Rev is ions ~ u u xux -~-iii ll!!£it.! uxuxn flitiols Txf1 Botwv1an ~ Husbl I Du :.,._, u.. .._ •. ~T•, ~:~.n ...... ~nee\ I Township 3 South, Range 69 Wes~ 6th Princi pal Meridia n NE 1/4 SECT ION 21 THE DEPARTMENT OF HtGHWAYS STATE OF COLORADO PARCEl 113 THE DEPARTMEHT OF HIGHWAYS STATE OF COLORADO PARCEL 114 REC. NO. 340387 BK2113, PG 1 ~ :a ANTHONY P IACOVETIA AND CAROL A. IACOVETTA 4320 KIPLING ST WHEAT R IDGE , CO 80033 REC . NO F2158965 SECTION l l SECTION 22 (RW-16) (TE -16) THE DEPARTMENT OF HtGHWAYS STATE OF COLORADO PAACEL112 BK 2297 . PG 20 ,. l~tlar"OOJtGdt SoOte 140 E...-en aon2 THE DEPARTMENT OF HIGHWAYS STATE Of COLORADO PARCE.l 111 BK 2140, PG 399 N ()()609'2J ·w 265 1 89' KENNETH H FRENS 9998 W, 44TH AVE. WHEAT RIOGE. CO 80033 REC. NO. M080031 cr> ......... ._ oc_,._,.,.m ~ .. @-»T___ I ~No R«<C).247PE-1 ®_,_ KENNElH H. FREN S 4318 KIPLI NG ST WHEAT RIDGE, CO 80033 (RW -16A) (TE-16Aj ,.. ~~;,e:~~R~S .. ___ _ ®..:...~.:. ~· Pnt No. RD,.7 TE.a -( ( ( REC NO 81048818 WHEAT RIOGE, CO 80033 REC . NO 79053987 PARCELS --' '\ \ I \ ® j~ I ~--I ;! / ~--" DfTAII "9..1• N I 5 PARCEL A ,. _j_ PARCELS NW 1/4 SECTION 22 J2nd AV[ 27, TJS, R69W, 6TH P.W. =I ...... z ,.. ... SCN..[:I""tO' u.i ~ .c ~ ~ ~ SEE DETAIL "9" AND "8--1" TlUSSHEET Tonoont Oo1a "" l 10 BEARI NG DISTANCE T6 N89"50'52"W 12.50' T7 S00"0973"E 000' T1 4 N89"58'52"W 8.50' TIS --.....-.. 2.50' T25 S39"58'STE 12.50' T27 S15"12"2VC .0.4 3' T28 soo-<l0'2:rE :10.00' T29 589"58'1 4"'E 2.00' T31 N89"27'0rE 2.00' T32 S8r21"08"W 100' T33 NW27'08-e 1.00' T40 NOO"Ot"23"N 0.00' T41 NW55'07"N 1.50' T42 N44"5T51"E 9.81' T85 --.....-.. 0.50' TOS N15"12'29'W 40 .43 T09 N00"09'23"W :10.00' T70 N89"58'14"W 8.50' T72 sag•27'08"W 8 50' T73 S44"srsrw 1.41 ' Co lorado Depo r tmen t o f Transportation Sheet Rev isions Sheet Rev isions ~ 2000 South Holy -Oenver,CO 80222 ~ ltXXXUXX nitds iii"" ~ XXXItXlUtX 't'liticft iii"" Sheet Rev isions D!tkftiOII UUJCXU l'lif Bohanrm A Husbt I Project Number: ~T~,~~;A~ ""'"~'W\ I Phone: 303-757-9923 FAX: 303-757-9390 9785 Woroon Y.Cie Suite 140 Englewood, CO 80112 Pro jed location: KIPLING .s~~E}~ ... BE!:::N ~~ .. 3~~ AVE ~-W 44th A~s:o~~~2 Or.-~~~~ nu:ow 1 u o n '·"'· 1 Reg ion I SLK I I I Township 3 South, Range 69 West, 6th Principal Meridian I CITY OF W HEAT RIDGE PROJECT NO~ 00 N z 0 ~ "' ~ til "' ~ ~I I I I r~ :?J I l» THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEl1113 BK 2124 , PG 192 AUGUST 11, 1968 THE DEPARTMENT OF HIGHWAYS STATE OF COlORADO PARCEL 162 BK 2211, PG 575 OCT. 12, 1970 THE OEPARTMENT OF HIGHWAYS NE 114 SECTION 28 THE DEPARTMENT OF HIGH'NAYS STATE OF COlORADO PARCEL 150 BK2114,PG467 JULY 13( 1969 THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 151 BK 2115, PG 381 JUlY 3,1969 TliE DEPARTMENT OF HK;tiWAYS STATE OF COlORADO PARCEL 149 BK 2127, PG 417 AUGUST 22 . 1989 = I "'" :r: .. "' 100' SC,trt.E :I"•IOO' THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 146 ""' REC NO 200e0563113 ~ ,_ ~ ll> LOT18 ~5q3097 o ____.l W I 'BK 1034 · I t t t t ---' {.lj ! t -( ' > I PG:258 lif-WHEATRIOGE,C080033 I IT[-21 ~· ~\~~ ~) i ~ ....:_-t-Hl~~!'f.'~UIVI>II>N I 'I I' t b<( ®THE CITY OF WHEAT RIDGE WH:.!~R~:-~~!i-1~ ~ ~ .,~ HIUHAVEN SUBDMSION I /I I l .t::.l 'I ~ W RVTH J. MONTONY ~ ,. _::s: <( t il'l BK2 ..... PG309 .... ~ REC NO 51503097 -!:::! ~~ L0 I .! ~ '0 NOV. 10, 1972 ,. REC . NO. F1430973 o.,. ,. .. ....I ~ ~ (") I I, ~~ t: I l 16~~ LOT 19 1 ~~ I CHARLENERUSSEll 1 1 -~ I ®THE CITY Of' WHEAT RIDGE ~\ '!> I I I 3370 KIPLING ST I :5:: I : "'I I BK 2892, PG 391 t \. ~ I .:s;; I WHEAT RIDGE, co 80033 I I I :5:: AUGUST 19, 1978 I 'to REC. NO. F0485400 :I ~ I (TE -3) (TE-JA) ,. i (Rw -s)(TE -6) I . I I GERALD A. BENSON GERALD A. BENSON I I I ANH NGOC LE & TRANG lE I I l I 3300 KIPLING ST. 3300 KIPUNG ST I I I 3390 KIPUNG ST. I I i ~ I I WHEATRIDGE,C080033 WHEATRIOGE,COaOcm ~ I I WHEATROOE,C080033 I I 5 z REC. NO 711041984 REC NO 78041984 /It t REC. NO. 20070151227 ~ 0 . . ~ 6 I 1 (Rw-7)(TE-7) i t:l I I (RW -4) (TE -4) I I I STEPHANIE MARTIN ' ~ I I I 3o400KIPUNGST. I I ~ ~ I I ROCKY MOUNTAIN WATER COMPANY WHEAT RDGE. co 80033 I I I ~ ~ P.O. BOX 507 REC NO F20e0993 I ! ~ I I NWII4SECTION27 ~=N:::": ( I 1 I (R~-a)(T E -a) I I I FOR THIS PARCEL 1 . I ROCKY MOUNTAIN WATER COMPANY I I HELEN E. POLICH ~ I WASCONTACTEO . \ 9990W.351hAVE. I I • I ON JUNE 214,2013 ,. ' WHEAT RDGE. CO 80033 I I ~ I I THIS 1s A PREsc;::~ EASEMENT AND \ REc. NO. 565288 I I I NO LEGAL DESCRIPTION ' ~ i J I t ~ I i ~ 2 ~ ~ Colorado Deportment of Transportation IAi2Qjj 2000 South HoUy Denver. CO 80222 iiiiJiiili& Phone: 303-757·9923 Region I FAX: 303-757-9390 SLK NE 1/4 SECTION 28 SEJON28 t ~ NW 1/4 SECTION 27 .. .. Sheet Rev isions ... iiiiiiii" -~~ ~w ~~ "' ~ ~ ~~;:~ ~~ ~~ l'lil iii Sheet Rev isions ---'-"" J:XXII:UU Sheet Revisions 110\0i iii"" ~ Bohannan ~Hl.Jst)n I U'ft'll'CJ O:tlllt.J .JIIC'C'l I Project Number: STU J91A-008 9785 lloroon Circle Soile 140 (nCJiewood, co 80112 Project Location: KIPLING S~~E .. T~ .. BE~~::.N .. ~ .. 3!~ AVE and W 44th AVE, SEC .22 !r 1.1, I..J~. no:.n, o1n r.M , ···t ... .. 'i Township 3 South, Range 69 West, 61h Principal Meridian SE 1/4 SECTION 21 niE DEPARTMENT OF HIGHWAYS STATE OF COlORADO BK 93 , PG 37 APRIL2, 1987 and COOT PROJECT NO, R600-247 THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 140 BK 2153. PG nJ JAN 6 , 1970 ..--=-Z ~ ,.,. ""' THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 139 BK 2130, PG 554 SEPT 8,1969 ~ ~ W. LINE SW 'K SECJlON 22 \!~\ ~: I I <{ I I I a; I .. M ~---t ____j LOT11 ....... u--s: 1 BOMSION -D; I --~ SC#It.[: 1"•100' ~ :!! 200' ~ ~ILLSIOE ~----~ I~ --~ ( ., (,,,':. PUBUCROA!mAY --~- f ((~ / I BK 1819, PG 626 ... H~~~~E I ,jl L I I SEPT 7,1965 ~ 1 5' ROW HEREBY DEDICATED FOR KIPLING ST. ~ t ~(TE-9) SECOND CONVENIENCE STORES PROPERTIES CORP . A DELAWARE CORPORATION 9999 W 38th AVE. WHEAT RIDGE , CO 80033 REC . NO 880'! © .................. .... S~gnogo--"· Pltll'n ® -k>-·Rio.No.F023tl01 ([} ~tDell ' PSCOE.-nnRec.No.I701567U ([) -k>T-O.OC.rd-- Ptoted No. R!00-247, PE ... Rec. No 2008002513 @)-»T-OMosrd-e- Prlljlc:tNa.MX _391A.409,Pe·1Rec.No 2012117801 ® ......... -..... , .... Pogo378,300 (D """""e-. Rio. No. F0030S57 I suiiO.visiilN \ \ I '-----t---tL__( ->.,. t __j (RW-10) (TE-10) (RW-11 )QB[) : JEMACO,UC, A COLORADO UMITEO UABIUTY COMPANY 3650 KIPLING ST WHEAT RIDGE. CO 80033 REC . NO . F1959060 Q)......,.,.,rPSCOe- Rec..No.a1066768 JEFFERSON COUNTY SCHOOL DISTRICT NO. R-1, I A OUASI·MUNtciPAL CORPORATtoNI WH~R~~~g;~ I REC NO 85008510 I SW 1/4 SECTION 22 I I I I I I I (RW-12)(TE-12) (RW-12A)(TE -12A) LARJU ,LLC , A COlORADO LIMITED UABIUTY COMPANY 3890 KIPLING ST. WHEAT RIDGE , CO 80033 REC . NO F205C&oot Shee t Re visions Colorado Depo r tment o f Tr on sportotio n ,,_, ... ' i07ii Sheet Rev isions 'flitiots iii"'" Sheet Rev i sions OitCfftoOI'I ~ Botalnan A Husbl i Pro:-~• ~L ..... ~,.~n .. C:;.s~!;' ~neet I -Region I 5~~er~~u(t ~g~2 2 Phone: 303-757-9923 FAX : 303-757-9390 SL K Uli:U:Ul -!"7 ' Tt-l 9785 lloroon Ci'cle Suite 140 Englewood, CO 80112 Pr ojKt loeottcn KIPLI NG STREET , BETWEEN W J2nd AVE and W Hth AVE, SEC .22 & 27, T3S, R69W, 6TH P.W. '" fMo. .. SE 1/4 SECfJON 21 I I d ~I zl NE 1/4 SECTION 21 • i ~ I t ~ l I CONST PROJECT sn.-oiT.ll0!1!1(3ti.OO'RTJ • STA. 50+00 00 (0 .00' RT) "CilY PlANS' KIPLING ST. AND OULETIE DITCH PER JANET D. MINOR SUBOMSIDN @1<r RON HEREBY DEDICATED FOR KJPLINO ST. AND OUlETTE DrTai PER PLAT (RW -17) (T E-17 ) .C240 KtPUNG UC. A COLORADO LIMITED lLABl.llY COMPANY .. 240 KIPLING ST. WHEAT RIDGE CO, 80033 REC. NO. 201~21 ®-,.-1a.....,.,.u.y_ Pw_D. __ ,..No.2Piol (!)-"·--··· Pw_D. __ ,..No.2Piol ®suo,octl0o3S0.._9...__ ®-,·--'8' ,... ..... o ..... _,..No.,Piol i6)Sut;tc:ttDilO'a-.~ ... e-n.rc ~to IHon&::*aM E.....cp.-Rtc.Ho. F161020 1 r_/ I COMMON UNE~ I I THE DEPARTMENT OF HIGHWAYS DEPARTMENT OF HIGHfwAYS STATE Of COlORADO STATE Of COLORADO' PARCEl115 PARCEL117 BK2113, PG 3 BK 2120, PG 286 ~ (;! 41 7 I BY AGREEMENT1 1 I / REC 90013147 I at~~ 1 ,. PARTY WALL AGREEMENT ~~=R I REC. NO 201-'026431 .<HARLE$ E. REED MINOR I REC . HO 0101=1 SUBDMSION LOTI --~-- BLOCK! --- JANET D. MINOR I ® ® ,. SUBOMSION - - - -~, ~·· I ~---~~1·-· I \ REC. HO F1458195 "' "' ft =-=='J-t __j THE DEPARTMENT OF HtGHWAVS STATE OF COLORADO PARCEL 112 BK 2297, PG 20 a "' = I =-z .... ,... SCN..E: ,~ .. 100' nE DEPARTMENT OF HIGHWAYS I me DEPARTMENT OF HfGHWAYS STATE OF COLORADO STATE OF COLORADO PARCEL113 PARCEL 111 REC . NO. 340367 BK 2140, PG 399 ~ ~ I ~ ~ ~ ~ rt "' (RW -15) (TE -15) I I tl I t -tj ui ~ .t::. ~ ~ ~ f (RW-168) (TE-168) KENNETli H. FRENS 9998 W . 44TH AVE. WHEAT RIDGE. CO 80033 REC NO 88080031 (!)suo,oct10- 0COoodt!k2302,ptm @)-lOT __ _ t!kmt,ptt34 ®_,_ P!ai.No.Re01).2<7PE-< @!_,_ P!ai.No.RIOI»47TE-O I i § ~ ~ (RW -13)DEL (TE -13)DEL. Ill "®--~l [r-s I ;H3D) (TE -130) ~ ~ ,. JANET DAUGHENBAUGH. TRUSTEE ~ ~ lh_ J ! JJ IOFTHEDAUGHEHBAUGHFAMILYTRUST DAUGHENBAUGH FAMILY TRUST VACANT LAND 42MKIPUNGST. -t --t -=r--=r--' I WHEATRIOOE,COI0033 WHEATRJDGE.C080033 ~ ~ REC.NO .FGt893M AN1liONY P. IACOVEITA AND CAROL A-IACOYETTA 4320 KJPUNG ST. WHEAT RIDGE. CO 10033 REC. NO . F2158965 (RW -16A) (TE -16A)II VARIES I KENNETH H. FRENS 4310 KPUHG ST WHEAT RIDGe, CO 80033 REC. NO. 19053987 I JANETD .MIHORSUBDMSION ~ ~ I ~ -10h200'~Cioh REC . NO, F0489365 JANET DAUGHENBAUGH. TRUSTEE (1} s:: ':::" ~=~ ® _,,1aP~M<IMity OFTHEDAUGHENBAUGHFAMLYTRUST I ~-..,....,..,, .. , ---PwPiol 4300 KJPIJNG ST. @® -IOolti'PIM<O.. WHEATRIDGE,C080033 (RW-!4) (TE -I4 ) l Ac::c.-~PwPIII REC. NO. F0489387 I _ @-IOoSPIMtu.y-SW 1/4SECTI0N22 ® _10 ,1aP~Mt u.y RANDYLJENSEN 2 *'e...-Plr,... ln9lfon Dldl E-.. Pw Pill I AND NtCKJE ANN JENSEN () @ S&Aiild.IOI.NIIcO. 4304 KFliNGST ~ I • ~ ~E-.IIPirPIIf WHEATRIDGE,C080033 REC. NO .II9031565 (RW -16) (TE -16) KENNE111 H. FRENS 43&8 KIPLING ST WHEAT RIDGE, CO 80033 REC. NO. 81046818 NW 1/4 SECTION 22 \ 4 _... • City of • '?WheatR.i_dge ITEMNO:l DATE: October 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT KIPLING STREET AND 49TH AVENUE RIGHT-OF-WAY ALONG NATURAL GROCERS FRONTAGE D PUBLIC HEARING 1:8] BIDS /MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES Director of Public Works ISSUE: Due to the improvements proposed for the Kipling Street and West 49th Avenue intersection associated with the Natural Grocers development, additional right-of-way is needed along both frontages of the parcel located at the northeast corner of this intersection . The dedication will allow for the proposed improvements to lie within the public right-of-way and be maintained by the City. PRIOR ACTION: As part of the development review and approval process, it was determined that additional right- of-way is needed along both the Kipling Street and West 49th Avenue frontages of the Natural Grocers property. To allow for future maintenance of all associated constructed improvements by the City, and in accordance with mandatory streetscape requirements , Natural Grocers has agreed to dedicate the area necessary to place the improvements needed for the Natural Grocers development. FINANCIAL IMPACT: Approval of this right-of-way dedication will cost the City of Wheat Ridge $10.00. CAF-Natural Grocers ROW Dedication October 13 , 2014 Page 2 BACKGROUND: As part of the review and approval process for the Natural Grocers construction at the northeast corner of the intersection of Kipling Street and 49th A venue, specific conditions including mandatory streetscape improvements were identified and required of the developer. Such improvements require the dedication of additional right of way. RECOMMENDATIONS: Staff recommends acceptance of the right-of-way dedication as described in the attached Deed and Legal Description . RECOMMENDED MOTION: "I move to approve the right-of-way dedication as described in the attached Deed and Legal Description" Or: "I move to deny the right-of-way dedication for the following reason(s) ---------'"" REPORT PREPARED BY; Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Deed and Legal Description SPECIAL WARRANTY DEED WITNESSETH THAT EVC-KG KIP49, LLC, whose address is 200 North Dahlia Street, Denver, County of Denver, State of Colorado, 80220, for the consideration of TEN and 001100 ($1 0.00), in hand paid, acceptance, sufficiency, and receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City of Wheat Ridge, a municipal corporation in the State of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado, 80033, the fol- lowing real property situate, lying and being in the City of Wheat Ridge, County of Jefferson, State of Colorado, to wit: -See Exhibit A (2 pages) hereunto attached and incorporated by this reference - Said tract contains 5,997 square feet (0.138 acres) more or less. Said tract to be used as: Right-of-Way Also known by street and number as: A portion of 4900 Kipling St, Wheat Ridge, Colorado, 80033. With all its appurtenances, and warrant the title to the same as to anyone claiming by, though, or under grantor ~Ject to ea~ements, rights of way and restrictions of record, if any. Signed this 1_ day of Uc -fo~er, 2014. STATE OF COLORADO COUNTY OF ~'fOZ.- ) ) ss . ) EVC-KG KIP49, LLC · dge, LLC, its Manager: The foregoing instrument was acknowledged before me this _.c2 day of OC;h?~ , 2014, by Mark R. McPherson, Manager ofR2 Wheat Ridge, LLC, Manager ofEVC-KG KIP49, LLC. My commission expires: M ~ j SEAL JAMIE L MEYER NOTARY PUBUC STATE OF COLORADO , 1-o flo . Witness my hand and official seal. p.r.· ~OI.II .. I~RION EXPIRES D5-*2018 Attachment 1 EXIBIT "A" LEGAL DESCRIPTION (REV 08-28-14) A PARCEL OF LAND BEING A PART OF LOT 2, KIPLING 5000 BUSINESS PARK, REPLAT OF LOT 1, SECOND FILING, RECORDED JANUARY 5, 1983 AT RECEPTION NO. 83001299, AND A PORTION OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 15, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF Tiffi 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO MORE P ARTTCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, SAID KIPLING 5000 BUSINESS PARK , REPLA T OF LOT 1, SECOND FILING FROM WHENCE THE WEST 1/4 CORNER OF SAID SECTION 15 BEARS N01 °50'5l"W, A DISTANCE OF 1,695.05 FEET; THENCE N89°35'53"E, A DISTANCE OF 22.40 FEET; THENCE S02°08'40"E, A DISTANCE OF 58.00 FEET; THENCE S00°06'43"W, A DISTANCE OF 148.96 FEET; THENCE S36°02'24"E, A DISTANCE OF 42 .10 FEET; THENCE N89°58'07"E, A DISTANCE OF 405.03 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, KfPLTNG 5000 BUSINESS PARK, REPLA T OF LOT 1, SECOND FILTNG; THENCE S00°13'53"E ALONG SAID EAST LINE OF LOT 2, A DISTANCE OF 6.24 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE S89°35'53"W ALONG THE SOUTH LINE OF SAID LOT 2 AND ALSO THE NORTH RIGHT OF WAY LINE OF 49m AVENUE, A DISTANCE OF 401.12 FEET TO A POINT ON THE EAST LINE OF A PARCEL CONVEYED TO THE STATE DEPARTMENT OF illGHW A YS, DIVISION OF illGHW A YS, STATE OF COLORADO IN DEED RECORDED AT RECEPTION NO. 81 0591 07; THENCE ALONG SAID EAST LINE OF STATE DEPARTMENT OF illGHW A YS PARCEL THE FOLLOWING 2 COURSES; 1. N36°02'24"W, A DISTANCE OF 60.80 FEET; 2. N00°12'24"W, A DISTANCE OF 117.60 FEET TO A POINT ON THE SOUTH LINE OF LOT 2, KIPLING 5000 BUSINESS PARK, REPLA T OF LOT 1, SECOND FILING; THENCE ALONG THE SOUTH AND WEST LINES OF SAID LOT 2 THE FOLLOWING 2 COURSES; 1. S89°37' 17"W, A DISTANCE OF 16.51 FEET; 2. N00°12'24"W, A DISTANCE OF 82.98 FEET TO THE POINT OF BEGINNING. CONTAINING 5,997 SQUARE FEET (0.138 ACRES), MORE OR LESS. THE BASIS OF BEARINGS IS THE WEST LINE OF THE SOUTHWEST 114 OF SECTION 15, BEARING N00°12'27"W PER CITY OF WHEAT RIDGE DATUM. THE SOUTHWEST CORNER IS A FOUND 3 114" BRASS CAP IN RANGE BOX LS 13212 AND THE WEST 1/4 CORNER IS A FOUND 3 1/4" ALUMINUM CAP IN THE SIDEWALK LS23524. Prepared By: Robert B. Taylor, PLS #28291 For and on behalf of LCONLLC P.O. Box 202003 Denver, CO 80220 ILLUSTRATION FOR EXHIBIT A W 1/4 SEC 15, T3S, R69W, 6TH PM p lS 23524 POINT OF BEGINNING ~ 3-1/4~ ALUM V NW CORNER LOT 2 J .7 -"~ KIPLING 5000 6'.96' V~ BUSINESS PARK ·o.s:"~ REPLAT OF LOT 1, SECOND FlUNG SW COR SEC 15, T3S, R69W, 6TH PM FND 3-1/4~ BRASS CAP IN RANGE BOX LS 13212 UNPLATIED 49TH AVENUE (60'R-O-W) PARCEL CONTAINS 5,997 SQ.FT. LOT I, REPLAT OF' LOT I KIPLING 5000 BUSINESS PARK REPLAT OF' LOT 1 SECOND FlLJNC LOT 2 KIPLING 5000 BUSINESS PARK REPLAT OF' LOT 1, SECOND FILING 401.12' SE CORNER LOT 2 KIPLING 5000 BUSINESS PARK REPLAT OF LOT 1, SECOND FILING THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATIACHEO DESCRIPTION . CITY OF WHEAT RIDGE A PARCEL SITUATED IN THE SW1/4 OF 1-:DRA=WN=av,_, --r=SCAU!:~· ---,-L-C_O_N_LL_C---------1 SECTION 15, T3S, R69W, 6TH PM, CITY OF RBT 1" =50' LandComult4nts·LandSUI'IC)'ors WHEAT RIDGE, COUNTY OF JEFFERSON, JOBNO~ DAlE: P .O.BOX202003 STATE OF COLORADO. MG1406 08128114 Denver. CO 80220