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HomeMy WebLinkAboutMS-14-01City of iCle COMMUNiTy DEVELOPMENT Memorandum TO: Case file for Case WSP-14-01 f Sprouts FROM: Lauren Mikulak, Senior Planner DATE. december 30, 2014 SUBJECT: Processing of Case No. WSP-14-01 and MS -1 -01 Case number WSP-14-01, a site plan approval for the Sprouts grocery stare at 3725 Kipling; and the perimeter streetscape for the SWC" of 38"' and Kipling, was processed concurrently with MS_14-01.. All relevant files for case WSP-14-01 may be found in the case file for Case Na. iS-14-01. City of'� 7500 West 29th Avenue a Wheat Ridge, Colorado 80033 Ph 303.235.2946 Fax 3133.235.2857 Approval of Site Plan The MVG Marketplace Site Plan for the proposed development ofa Sprouts Farmers Market on property at 3725 Kipling Street and public improvements at 3795 Kipling, 10040 W. 38"' Avenue, and 10100 W. 'h Avenue Case Ica. WSP-1 -til / 38'h and Kipling) „) is hereby approved for the following reason: I . The Site Plan complies with ,zoning regulations in Chapter 26 of the Wheat Ridge Code of Laws. I'lie site and architectural designs are in substantial compliance with the applicable standards of the Architectural chitectural and Site Design rr , 3. The strectscape desigtis are in substantial Compliance with the applicable standards of the "tr coca e esibra Allanual. nncth Johnstone, l mate rrn�munity Dev lu cnt Director LEGAL DESCRIPTION. LOTS 4. MVO IAILR LACE BLIBONEION F—NO., RECOROEO IN THE JEFFERSON 0011 CIERk Mp RECORDERS OFFDE AT RECEPTION NI.SeER 1 Y SND PARCEL M LAND CONTAINS A TOTAL M 20a.C9C W FT M S M ACRES. YORE OR LESS BASIS OF BEARING SEARNGS ARE SASEO UPON THE EAST UNE OF THE NORTHEAST OWRTER 01` SECTION h AS SNOW! 0N4 THE CITY OF LN EAT RODE CONTROL D THE VA11CN SEMS S 9 AND TH E 6EN0 SIOMBpOEOATTREHEAST Ot GORIER ANOTIE .733, CONFER OF THE NORTHEAST OINRTER OF SECTION T0. T J S.. R SC W OF TIE SIN P M BENCHMARK Cm' OF WREAT ROOF VERNAL CONTROL AI,NIAMN,. BEN, THE NONOEAS'T CORNER OF BECTON 20. T. 3 S. RSC w. ELEV • 609645 DNVD SSI MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CRY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SITE DEVELOPMENT DATA: sITEACREAOE 5.9SAC 125e9995FI EAIsTNG ZONINGC., PROPOSED LAND USE C4;.—mW LOT DATA LOT 1 10100 W. MTNAVENW W 025 SF 219 AC LO T2 ,OOWW 3SIHAVENLE —mv Oe3AC LOT 3 3795 KIPUNG STREET —3— 0 — LOT4 32 .5 INGSTREET IDT—I 242 AC PRO{IOSED LOT 4 RUILDNO MEA F —SF PERCENT LOT. BIIRDINC COVERAGE 252% LOT 4 OPEN SPACE REOUNED 20 % 21 4N SF LOT 4 USABLE OPEN SPACE ) Je5 SF LOT 4 —OS OPEN SPACE 1523 SF LOT 4 LANDSCAPE OPEN SPACE +! 590 SG LOT A OPEN SPACE MOWED 20 % TOTAL LOT 4PAR101NG REOURED TOTAL LOT 4 PARRIIq PROVIDED 121 SPACES I I +20 SPACES SPACE , 200 S � W� HC%REpICT�p11 TOTAL LOT 4 ACCESSIBLE —'K 5 SPACES TOTAL LOT 4 BICYCLE PARDIIG REDLINED a SPACES TOTAL LOT 4 BICYCLE PAR1g4G PRO—EO a SPACES ALLOIMO BUILDNO HEIGHT PROPOSED BULDNO1E1011i M-T(TO?I PONTOI'ENTRYPEAK) ONMER'S CERTIFICATE THE BELOW SIGNED OWNERISI. OR LEGALLY DESIGNATED AOENTISI THEREOF. DO HEREBY AGREE THAT THE PROPERTY LEGALLY CESLREO HEREON LL BE DEVELOPED NACC01m1NDE WTII t1E RFMSTRIOTgN$ WATO CCNOIT%R18 CONTANEO N IVIS PLAN AND AS INY OTHERLASE BE REWIRED BY HAW. IMEI FURTHER RECOGNIZE THAT THE APPROVAL OF THIS BITE RAN DOES NOT CREATE A VESTED PROPERTY RIGHT VESTED PROPEIRY HOHTS WY ONLY MSE AND ACCRUE PI1R91AANT TO THE PROVISIONS OF SECTION 36121OF THE WHEAT RODE COPE OF LAWS A DELNKIM VENTLPE GROW NL A EUWARE DORPORA,ION 1 . a6 VICE PRESa)ENT STATE a COLORAIXT I CIXAFTY OF.EF/ ss THE FOREOONO NSTR AHEM WAS ACKNOWLEDGED BEFORE W Al 2014 BY t� �,wrtlaa-� RE�m MIITIEBBWMANDAMD CFFICYIL SEAL W GpY$$ON EIEIE9 L-1-yPlf SURVEYOR'S CERTIFICATION. 1. HAROLD J. PONSERELLA A REGISTERED LAND SLAIV M IN— STATE OF COLO IA00. W HEREBY CERTIFY THAT THE SLRNEY FOR THE MVO Y&RIUF ACE SITE PLAN WAS MADE LINDEN W SUPERVISION AND THE ACCOMPANTNG PLAN ACCLNATELY AND PROPEIBY SHOWS SAD SURVEY OOLOK J RLS SFT€ --- COLORADO RLS ND 39TBe CITY CERTIFICATION =a`EOp �Y OF — eY THE cm ATTEST 4-9;�&W SHEETINDEX 10Fa COVER SHEET 2 O a OVERALL SITE PLAN 3 OF a OVERALL ORADNG AND UTERY PLµ 4 OFS LOTALANOWAPEPIAN 5 OF a LOTS 2 AND 3 STREETSCAPE Pµ L S OF a LOT 1 STREETSCME PLAN I OF LOT PHOTd cRAN 5 OF0 LOT A NRDINO ELEVATIONS 10 MVG Marketplace VYhwt RMpe. Colorado a... a b40. w Cowry 1N COVER SHEET Sheet 1 of 8 II n III 'DIV_ s1Pf+']Y i-ISW -ux oe-saZrslt o.-tLSY LOT 3 pef K LOT 2 OU K aleuu snyo ® L•AOr . a dl�s.]a l0i , n.m s } }9 K MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO KIPLING STREET _ _ p - 'I I nap \ .ner I ®FC ---}eooOt 241 g IRI Of � 14_I � mor uer m _ f f 5 WW'p0" [ N p0pb0" • }s sr � }n TY =—Ti.r , snr'pe• Lx-s,soo'ayE ✓ R- ropy oa-rrss' ✓'L-n.1s' I �i/ KLINE STREET Oa•ssm'•n j ___________--- _________________________ i I I I I 1 1 I 1 N 1 1 I 1 • I I I 1 1 I 1 m 1 I � I n -armor• I say 1 I � L-t1LY — Lx•n.,r f .,V • RR.T LEE STREET 1 III I I1 I =9ysYao• am oaNass'fo•. 1 � — _ NOTE KEYS Q IRRLDINc Q 8'CURB AIO GUTTER pp sloEwALx Q R.,a STANDARD PARKING STALL Q 9. ,a NArA PMNING STALL W TN POEl.KR mo SIGs �e 9.,a LO.xONOZOE ST JKDPEDES7RI-MOSSM . Qe NAN ACCE55 RASP Q LIGM POEISEE SNEETODiel L�1A• 1F AREA Q MGRAENT SIG! CMT CO '© WE RACK ® STALLCOON} PROPOSED LEGEND EKISRND EASEANMI - - - PRpPER,Y UNE --- --- Im vROVER,N LME — — R.O.M. LME — - - R.OR. LME LNE 9dr nNAN lE — — aAd E cP NATd Eo¢ a A,ENENT / R.N ROMM - SDER.T N id AKmi (� v AYEMAN,Mr C pd 90LLARp U�di e Y ENTT 9d MVG Marketplace Wheat R dp. Colorado c.....ra c.w OVERALL SITE PLAN Sheet 2 of 8 MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO uo-17 a,00 -ulna' I I ip drz,l BERM¢ I iris 4 LO rznAC lw \ y Ip_ \ 1 it z\ I 5ww IR '` CSR ..w • S,tlN ... ' �y fP71 .,v - . ro,r:r-.- m.n _ la � oa•nas• s,aPR „[, . , ., [P Yr,. ^ t � I' S1PIN�Mr1 StOtsi eR . ,•I I\IA� u� KLINE S/ E caro \ YYRRIC \t-n.PY \ — I \ \ 71 \ \ ` U YirzalUrRS 5[4 C nS 9rz aPC ,e H nAQD iaammoAo K.reS SE 1 1}9 ar I I I I I 1 I I I I � � R•,afia I1 \i II \ v� I 1 \ II 11 1 I I �1 snrr Ywnu[ KLINE S/ E caro \ YYRRIC \t-n.PY \ — I \ \ 71 \ \ ` U YirzalUrRS 5[4 C nS 9rz aPC ,e H nAQD iaammoAo K.reS SE 1 1}9 ar MVG Marketplace Wneat RKIge, Colaaao OVERALL GRADING AND UTILITY PLAN Sheet 3 of 8 I II I II � I I 1 I I I I � � R•,afia I I _ t•L1T' O$RR]a•10•R \ I '7 LEGEND — — —E PT / -n rrw tun l T Cusa.E, T PPOPEPry uP[ E%IS rING — "5 MVG Marketplace Wneat RKIge, Colaaao OVERALL GRADING AND UTILITY PLAN Sheet 3 of 8 • LEGEND PRDRDSED — — — Cusa.E, T PPOPEPry uP[ E%IS rING — "5 GasRK �wER nrz�P.auE e[Dunt ancRwouRo coal[ nuc roue„ -R u�N w rzR p n w.rzR 4[rzP w.A R SERu,(S wµR v— m 40RMER •. -, VNpERppU10 ELECrtaC [N,M0.f S.aNIi,Utr ¢EWdlr ems SS �rurv�uR SUPrWr SCPNCC arCPY NE[r srIPu"yRRa[ Pm[ ;= CM�CRC[E R.rM sawuu M•ra sa - o— YiNOR CWIeUt -- "r MVG Marketplace Wneat RKIge, Colaaao OVERALL GRADING AND UTILITY PLAN Sheet 3 of 8 MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ,sx,ssulgliewaF.Iro I _ 4eElil 1,\\\'`ll`\\\JJJ\\\f7���llllllll ItEOC /aalQ tavax I I 1AUR IlFOC 1GV 1 I _ - IAUi QkkVVlll O 1 - 1 ,axw I,EgG ICMS - 1'9RJiYl M91 CDi;'IIE}E. i',W ❑Y � . ' /� e s 1 1 Iplg � 1 IIOe11 ]t:oe ----------------- 1 tt , . . . --_ 1sIitm KLINE STREET E p SYMBOLS LEGEND }8¢1 > 9Y 41 1 1 O • V1 00- -- olnwFina „a1 (D WWwYan.. waarrrnW 00® DECW]39N(6 vrm�ic tm ucllr MVG soD i Marketplace s,cF, [Dun What Ridge. Cd..& lMgDW iril9lCOK WNx y` Vi KLINE STREET o...aF rai grata. LOT 4 LANDSCAPE PLAN Sheet 4 of 8 E p SYMBOLS LEGEND }8¢1 > 9Y 41 1 1 O • V1 00- -- olnwFina „a1 (D WWwYan.. waarrrnW 00® DECW]39N(6 vrm�ic tm ucllr MVG soD Marketplace s,cF, [Dun What Ridge. Cd..& lMgDW iril9lCOK WNx o...aF rai grata. LOT 4 LANDSCAPE PLAN Sheet 4 of 8 MVG MARKETPLACE SITE PLAN LOTS I - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO KI PLING STREET ------------ - ------ r ------ f _ si 1 P®tNM rn. � 2LLTR INTERNAL LANDSCAPE REQUIRENTSME lot IaLIECI IF-fA IIEOIM®IAXOlL11E M[A MOYOED ARA m%amoss Lor ARAI nTNEE•IoamevlBBom rT a EalN�woscAAT AR,v TREES sHmss TRES smEs A Slalom IVA21MSaR 1—SYR 21XOe0.FT a n1 n rm STREET TREE REOUNiBLEN' oT— rlmrrtArfl to e• SIIE SINNE 11 TREZ LF a FROIRAGEI e e WIIM .SII@Ri/Js T IITtfamMrAOE1 s Y PLW SD *mu STRETSCAK Lot A S1,QE TEES an MAAAGCNA! COrON IgARE Cart GwM S 6wE0C1AaSa0CILISTSR M Ialmp(N LOEEEETREE�SSO'Y SBS 21 ownw suEDME srETT scwE Lm t x ] SIa0E TEES a" EaTATKKNN! Cara NAE cart olTR 7 m 2S GYa 2 GYlEOaAPLaOC"110FIRSSa BIB 2S �wrE mRalREsrxw RauaEo sHaa at ro srtLESAIN)Eu,IE SPPTAO MAXRAUM TURF AREA (V% OF PROVIDED LANDSCAPE ARFA) L W�A�A �IIl1i4lOMED-MV.LEU __- S"aX,TS 21ASISISOR 6555SOSOFT ASI,aSOPT ,GROUND COVER EE 500 NK)RAMDNG BEDS I]]at 6511 FURNISHWGS SCHEDULE STREETSCAPE Ac IocoLom Bc+a �soH uw+ocstEn ArLEHc,r uc,a, — WASHRELHprAf1E BSOM VANG45rFA IM1%SN RCEPIACLE aUWar E/fA BK l00Va5'RQ'SVJE BSOp BAa SECMtlT STAi%Il5 BMdISY SULK Bla l WP a SPgOLrtS MIeRAI NN29116P SAL > I I 1 \\\r PLANT SCHEDULE LOT 4 m WAYNiITN wEE3 QA gfANNNIME CD•011MYE 1 1 I I Ve 3 E smE n NET sYNNgA la" PE u Y/'AESC IRE IAAL BEB z iw SNAOE TRES alt IASTANEAI NAE COW"NAE call aR I O1i IREOIOR SWAN wNi W 2S YNA1RA0ooLAoE AIYQMEEIM BIS 2Y Y7o, 1 OECOWUS",SS m NOIASGENAE 0ORROR.11 0011 1 IBENA I i � � - _ _ _ _ lA0 2] wlsmRwAGANElO0EN5F LOOEMEPRrTf SCAL R14R 5 WIaII.SPaAIIdAACOIIANl11aS Cl1WMA BUDp14RN Sao 26 RIASMaMTICVgIaY bNME fPMFANf 4AE1C 5w ] ROSA WAVZ ggIX WIA06E 5G4 B 91NFA AIPoMG'NIINOMY WAIERR ANTHONY WAiERRSAEA SCaI NA V IS SARA K E W AMOME ! W. --------�� ••-�•— // E4ERCEEN SHIaSS OIY NmA1rx NAE ara wE mN ......... ...-.�...er...� A S S11TCMlINE������� __� - - r � / PIAS ILfA AlOPS' UiS YI00 PIE SGLL OANAIprTkQ QW STY IOTAN IME cORIa1NAR CONT 24 TS ALmR FTA WST S KIK100SOfa,SBPE7h1a16 IIE AS 43RASS 10% sill 1 film Ih m � MVG Marketplace Wheat Ridge. Colorado Oa�NM Aw OtirM ra LOTS 2 8 3 STREETSCAPE PLAN Sheet 5 of 8 MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO All ..m..— Y.EiE R........E .................... a .... . LiR NOR REETWAK uNDRCRouio ENIGa,W SVS,EYNILL EE wto+vEo E09 RLL 51gEEi5CNE NOONdRE PLVOM. I-,. -f aRFE�EO WORK ]GNNi. NI]W NMA0.ID.REtI]LUe 1 T »M VIpS,UeIED 9UeDtIME OU13UE �wm �iwRa r �a Lau�wEE�w],e»]cFe oR ' vw.R ERmEauzR]: a,Ru»uo ro eRRROEa wm. RFwwFn WRAPPatl w� 9PECeEO REEER TO HVElii4TpN5 aEdME E l0a F- w/AIfR»O aRUtE0. REMOVE @SM�]Rn uror] SOOo»C.sFFO w9oE f wRIWTE0 NEA9 MH]iRC[]�'MOVE.MMROIRU»OORRCE IEYFL w,»D�sTRUED aoE aET,Ru»nue. — � e.EcsEo enoRL wmRa ROEaROEF.«Ts.a soEc,EEn»rn,r LIF » » RE a we nRa a RE o E »wE e.a a.a - a I— —I — v u.,weTue,Eo nr eorroR EOR Roor sv. ewaE I- � aRliow.» r TREE PLANTING � � 3 NTS I oorsoRwROE w„R caoR.no RwER. �cT I- REouErrTe.,aLowwwUOE reELow EoaE aF wua Eoo«a oR c„e L- � �E,E�Re.EOeR,a �,aeF,R.,R T.-aE,.RR�R o F a]aRowR» RLaxm. en ron n eRanERs iRea,.]u To naR dvaE tr MRS •nv•aEOEnR�a]„TOE.m F,. ecoRTRx.R Rooreu]e w.+w ROOT! aEE sncs�r.Tar]e Ew co]rw..oR _ —_�^_— — �wwF mRrxR nwn RooTeeu oR LEE STREET SHRUB PLANTING NTS m S E e CL B9 >B 0 e� > r.Y1LwEaRl,narm+. MVG Marketplace Wheat R", Cok—do LOT 1 STREETSCAPE PLAN Sheet 6 of 8 v :..\ �........��........... ... -------------------------- L�T47 _ . . ' . . { J ! :.. :..:::....................:........ . . . . . . .. . . . . . . . . a a :.... ::-......... ::::::: :_ ....:::::._ ::...:._.::-------- .. . .......... ::.:............ :::::::::::::::::::::::::::.........::::::__ :::::...:..:::; HENDERSON MVG Marketplace Wi �. Wima� LOT 4 PHOTOMETRIC PLAN Sheet 7 of 8 W ilk --- A: IM f.�E•{(�)[1T :.... ::-......... ::::::: :_ ....:::::._ ::...:._.::-------- .. . .......... ::.:............ :::::::::::::::::::::::::::.........::::::__ :::::...:..:::; HENDERSON MVG Marketplace Wi �. Wima� LOT 4 PHOTOMETRIC PLAN Sheet 7 of 8 A "'"°° �awrw. B. $iMia � T C. 9t'o E.FEW �.�. n F. =---- G. =., .. ovX" w �I,40 SIDE ELEVATION ' �awnrwa.• j �1 f SCALE 3/37' • T -W' O BACK ELEVATION SCALE 3/37' = T-0- 1 Q9 O6 6 7 ' !• rwww.e wwv.a uw nr..�. _ ' ro 9 rw swmwi. as2ori� .gym .,•., FRONT ELEVATION SCALE 3/37' = T-&' SIDE ELEVATION .b :fd:r9 .a"iQss rryn gpp�ri' scue am . To- MVG Marketplace drys s arra � BUILDING ELEVATIONS Sheet 8 of 8 From: George, Donna L <Donna. L.George@xcelenergy.com > Sent: Tuesday, October 28, 2014 1:32 PM To: Lauren Mikulak Cc: Grady, Frank J Subject: FW: Easement Vacation Attachments: REC 2009064728 PSC Easement.pdf, BK 1979 PG 107 PSC Easement.pdf This should be performed by the Right -of -Way Agent for that area of FSCo territory, Frank Grady. He can be reached at 303-425-3874. Donna George Xcel Energy I Responsible By Nature Contract Right -of -Way Referral Processor I Right of Way and Permits 1123 West 3rd Avenue, Denver, CO 80223 P: 303-571-3306 1 F: 303-571-3660 Sent: Tuesday, October 28, 2014 1:05 PM To: George, Donna L Subject: Easement Vacation Donna, I have a few questions about easement vacations. You have reviewed a few application in association with Kipling Ridge—the 6 -acre redevelopment at W. 3e Avenue and Kipling Street (MS -14-01, WSP-14-01, SUP -14-01, and SUP -14- 05). There were two PSCO easements that were on the property and were proposed to be vacated by plat because they were associated with the previous development. The plat replaced these with new easements and all utilities will be undergrounded, Attached are the original easement documents, The applicant's title company would like to see these vacated by separate document, and I'm wondering if you have a standard procedure for doing so. Any information or insight you have would be helpful. U= Lauren E. Mikulak, AlCP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone- 303-235-2845 Fax: 303-234-2845 WwW,Ci.Atq&ggqSQM COM. um-rY Dt-,vt1,kwA,4rN,i CONFIDENTIAL17Y NOTICE: This e-mail contains business -confidential information, It is intended only for the use of the individual or entity named above, if you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received 1 From: Tara MacNeill <tmacneill@mvgdev.com> Sent: Thursday, December 18, 2014 9:37 AM To: Lauren Mikulak; Stanton, Jef, Alicia Rhymer; Carolyn Powell; Harold Ponserella; Art Belz; Bailey, Sonya (CO) Subject: RE: MVG MARKETPLACE SUB. FIL. I Thank you Lauren. For some reason they had said that you and they had been working on that together. No worries, I will take care of it. Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 M 1 720234.0769 From: Lauren Mikulak fmailto:lmikulak@ciwheatridge.co.usI Sent: Thursday, December 18, 201.4 7:49 AM To: Tara MacNeill; Stanton, Jef; Alicia Rhymer; Carolyn Powell; Harold Ponserella; Art Belz; Bailey, Sonya (CO) Subject: RE: MVG MARKETPLACE SUB. FIL. 1 The City doesn't typically participate in the vacation process for easements like these of which we are not beneficiaries. know PSCO/Xcel typically uses quit claims, but I don't know anything about the process for Qwest. I would continue to work with them directly. I Lauren E. Mikulak, AlCP Senior Planner Office Phone: 303-235-2845 Fax- 303-234-2845 it (A" -rV 1, W37 From: Tara MacNeill [Mgftg-tmacni I@ffl gi vqdgvcgm) Sent: Wednesday, December 17, 2014 4:19 PM To: Stanton, Jef, Lauren Mikulak; Alicia Rhymer; Carolyn Powell; Harold Ponserella; Art BeIz; Bailey, Sonya (CO) Subject: RE: MVG MARKETPLACE SUB. FIL. I Lauren and Jef, Xcel sent me the attached quitclaim deed with regards to the also attached easement documents, Does this make their signature to the also attached vacation of easement document unnecessary? If so, I Will remove reference and resend to Qwest, as the then only grantee, but, if not, please give me specifics as to why not, so that I may relay back to Xcel. Also, as a side note, I am guessing that this did not show up on the title commitment with an Effective Date of 12/05/14 because of a lag time from the county, do you agree? Thank you! Tara Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 M 1 720234.0769 0 From: Tara MacNeill Sent: Tuesday, December 16, 201411:36 AM To: 'Stanton, Jef'; Lauren Mikulak; Alicia Rhymer; Carolyn Powell; Harold Ponserella; Art Belz; Bailey, Sonya (CO) Subject: RE: MVG MARKETPLACE SUB. FIL, 1 if no one has any comments to the attached, I will have executed by MVG. Art or Lauren, do you have contacts with either utility Vkwest or ru cc me on transmittal of the attached to? Please confirm and thank you! Tara Tara MacNeill Sr. Paralegal MVG I Development 1 -1 90A Y0j iii I&I From: Stanton, Jef L_m_AiLl_to_.is_ta-n-t-O—n-@firsta—m.cOmI Sent: Thursday, December 11, 2014 6*49 PM To: Tara MacNeill; Lauren Mikulak; Alicia Rhymer; Carolyn Powell; Harold Ponserella; Art Betz; Bailey, Sonya (CO) Subject: RE: MVG MARKETPLACE SUB. FIL. I Tara, let me know what you think of the attached changes. I was thinking to make "Parties" a defined term in the easements right on the first page, I think that will work to get the easements vacated. Thankyou, —Jef X.�M#141r4 From: Tara MacNeill Lmail1q.,ftm neill rn•ydey.�com) AL� Sent: Monday, December 08, 2014 5:51 PM To: Lauren Mikulak; Alicia Rhymer; Carolyn Powell; Harold Ponserella; Art Belz; Stanton, Jef, Bailey, Sonya (CO) Subject: RE: MVG MARKETPLACE SUB. FIL. I For everyone's concurrent review, please find attached a draft vacation of easements document, once, we are all in agreement, then I will relay to tender's counsel for their review and comment as well. MEE= Tara MacNeill Sr. Paralegal MVG ([development 1509 York Street, 3rd Floor Denver, CO 80206 M 1720.234.0769 From: Tara MacNeill Sent: Tuesday, October 28, 201410:27 AM To: "Lauren Mikulak' Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserella Subject: RE: MVG MARKETPLACE SUB. FIL. 1 W � gill 111 1111111 11111 g �111 1111 � ��I 'i 11 1. Parcel 1: A. An easement for utilities and incidental purposes granted to Public Service Company of Colorado, as set forth in an instrument recorded November 7, 1967 in Book 1979 at Page 107, It is anticipated that Excel EngW is now the grantee under this easement and would be the party to acknowledge the vacation. BAn easement for telephone lines and incidental purposes granted to Mountain States Telephone and Telegraph Company, as set forth in an instrument recorded February 6, 1962 in Book 1446 at Page 569. It is anticipated that _QAest is now the grantee under this easement and would be the party to acknowledge the vacation. 2. Parcel 2: A. An easement for utilities and incidental purposes granted to the Mountain States Telephone and Telegraph Company, a Colorado corporation, as set forth in an instrument recorded April 24, 1974 in Book 2615 at Page 289 and re-recorded November 29, 1974 in Book 2684 at Page 195. It is anticipated that O_west is now the grantee under this easement and would be the party to acknowledge the vacation. 3. Parcel 3: ATerms, conditions, provisions, obligations, easements and agreements as set forth in the Agreement recorded October 31, 1961 in Book 1420 at page 342. It is anticipated that MVG Jas owner, of the burdened and benefitted 2arcels) is now the grantee under this easement and would be the party to acknowledge the vacation. B� Terms, conditions, provisions, obligations, easements and agreements as set forth in the Street Light Utility Easement recorded July 1, 2009 at Reception No. 2009064728. It is anticipated that Excel Ene[gy is now the grantee under this easement and would be the party to acknowledge the vacation. Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 0 j 303,573,6500 M 720.234.0769 From: Lauren Mikulak Sent: Monday, October 27, 2014 5:32 PM To: Tara MacNeill Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserella Subject: RE: MVG MARKETPLACE SUB, FIL. 1 I was in meetings for the rest of the day. Regarding the vacated easements, do we know how they were originally created—by plat or separate document? Am I correct that the only subject easements are these: • 8'MST&T • 5'MST&T •3''CO 81 PSC I Lauren E. Mikulak, AICIP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 (,'08AMLINIIN DIN1401PIM(NI From: Tara MacNeill [rnajito-tmacneIll @mv9dev-com] Sent: Monday, October 27, 2014 1:46 PM To: Lauren Mikulak Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserella Subject: FW: MVG MARKETPLACE SUB. FII.. I Lauren, see Jef s response below. Does it make sense to schedule a quick call between all on this distribution to see what can and can't be done in time for closing of the loan this week and then post -closing, if acceptable to the lender? Tara MacNeill Sr, Paralegal MVG I Development Denver, CO 80206 0 301573,6500 M 720134,0769 From: Stanton, JefLmLiltol.stantonfirstam.com 2 J Sent: Monday, October 27, 2014 1:39 PM To: Tara MacNeill Cc: Bailey, Sonya (CO); Lawlis, Jane M. Subject: RE: MVG MARKETPLACE SUB. FIL. 1 ? on't work to terminate the easements. They will need to be terminated separately, which they can do on an amended plat or by separate documents, Easements create an interest in land, and unfortunately the City does not have the authority to vacate someone else's easement. —Jef Jet` Stanton Associate Underwriter Mobile: 360.298.5619 Email:15Jd_nLqc@_f_ir_s_tam�,c1n From: Tara MacNeill [mail :tm n ill mv d Sent: Monday, October 27, 2014 9:53 AM To: Stanton, Jef Cc: Bailey, Sonya (CO); Lawlis, Jane M. Subject: FW: MVG MARKETPLACE SUB. FIL. 1 Jet, see the attached and below, which makes sense to me but let me know if this doesn't get you what you need. Thank you! Tara Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor 4 From: Lauren Mikulak Sent: Monday, October 27, 201410:50 AM To: Tara MacNeill Cc: Harold Ponserella; Carolyn Powell; Alicia Rhymer Subject: RE: MVG MARKETPLACE SUB. FIL. 1 um In the meantime, attached are a few documents that may be helpful or sufficient for the title company. As with all land use cases, the subdivision plat was sent on referral to all utility agencies. The plat that was sent showed the easements that were proposed to be vacated and created, With all referrals we include a cover sheet requesting comments, Attached is the cover sheet th w Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 Igo, J From: Tara MacNeill Sent: Monday, October 27, 2014 10:01 AM To: Lauren Mikulak Cc: Harold Ponserella; Carolyn Powell; Alicia Rhymer Subject: RE: MVG MARKETPLACE SUB. FIL. 1 Thank you Harold. Lauren, I have relayed your response to Jef the title underwriter but not sure if this will be enough for him. Because this is a title/legal related issue, it may make sense get have your counsel give a specific response as to why there would be no concern about the easements having been vacated by the plat. Does that seem like a possibility? Also, because we are trying close a loan, which is why the title company is bringing this issue up, as early as possible this week, anything you can get us ASAP will be most appreciated. Thank you Lauren! Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 0 I303.5716500 M 720234.0769 From: Harold Ponserella Sent: Monday, October 27, 2014 9:30 AM To: Tara MacNeill; Carolyn Powell; Alicia Rhymer Subject: Fwd: MVG MARKETPLACE SUB. FIL. 1 W W-1WIF VA111 F-11 Thils "is the comment from Lauren from the City of Wheat R"Idge. Harold Ponserella Cottonwood Surveying & Assoc., Inc. P.O. Box 694, Strasburg, CO 80136 Phone: 303-549-7992 Email:Rons.csaLa,,gmai1.com ---------- Fotivarded message ---------- From: Lauren Mikulak <Liiiikulak-ei,,,,,ci.Nvheatri Date: Mon, Oct 27, 20 t 4 at 9:24 AM Subject- RE: MVV MARKETPLACE SUB. FIL. I To: Harold Ponserella <L)otis.csaf�i.�jmiail.cotn> It has never been our practice to have utility companies sign a plat even if easements are vacated or created. The utility -#0Xt* *LV-*W10Vr1i, -wwxknd I'm not aware of this havinn -,, ever come up in the four years that I've been here. I'll be asking in our staff meetings this Tuesday and Wednesday, and if there are additional comments I'll let you know. H� Lauren E. Mikulak, AICD Senior Planner Office Phone: 20_3-235-2845 Fax: _303-234-2845 City t Ag From: Harold Ponserella [ma ilto:pgns&ag@qmall.cram] Sent: Friday, October 24, 2014 11:42 AM To: Lauren Mikulak Subject: MVC MARKETPLACE SUB. FIL. I 0 Lauren I am running M a problem Company sayingthe existing easements shown on M of a plat ""MVG Marketplace e•., M i i vacated by Mlat because companies i • • slign the plat. Can M Company < correct M the easements vacated . M M by the M Harold I'onserella Cottonwood Surveying & Assoc., Inc. P.O. Box 694, Strasburg, CO 8 136 Phone.3.DKK- -79 Email: o s.csa? ail.co This message may contain confidential cat• proprietary infon-nation intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please immediately notify us by replying to the message and delete the original message and any copies immediately thereafter. If you received this email as a commercial message and would like to opt out of future commercial messages, please let us know and we will remove you from our distribution list. Thank you.— FAFLD Lauren Mikulak From: Dave Brossman Sent: Tuesday, November 25, 2014 9:36 Aid To: Lauren Mikulak Cc: Meredith Reckert Subject: : KIPLING ADD R/W Whoops...sorry I inadvertently CC'd Mere instead of you on this. David F. Brossman, PLS Development Review engineer/City Surveyor Phone & Fax: 303:235.2864 " M Cit 0 lie d I at tt LIC WORKS From: Dave Brossman r Sent: Tuesday, November 25, 2014 9:25 A To: 'Harald Ponserella' Cc: Steve Nguyen Meredith Reckert Subject: R: KIPLING ADD R/W Hi Harold Sam? Wow you work even crazier hours than I dol Here are the answers to your questions: 1. Yea, we missed the 4 decimal places on the plat (this is actually required by Sec 26-420-C of the Municipal Code), 2. 1 originally had the top of the page matching the first page, but then I saw you had "EXHIBIT A" in lame letters already shown near the top of the 2" d gage and removed it. You can go ahead and leave what you have. 3. The location is the address of Lot 4, being 3725 Kipling Street. 4. For the Warranty geed: Should reference "Lot 4, MVV Marketplace Subdivision, Filing No. I as found at Reception Number 201402686." You will be including 2 pages for the attached Exhibit A, so this highlight can be removed. . Street address see item 3 above... The amount of the consideration in the first sentence of the WD is TEN DOLLARS ($10.00), and the Development name at the bottom of the WD should be MVG Development and it appears their address is already correctly referenced, Thanks! D. David F. Crossman, PSS DevelopmentReview n ineer/City Surveyor Phone & lax:: 303.235,286 t should have known better than not to do a POC but hey at 3 am your looking # have the legal • exhliblit redone # • these # on # I will * through « # • # # # It i Harold Ponerella Training Chairman, Centennial District, Denver Area Council. Cottonwood Surveying & Assoc., Inc. P.O. Dox 694, Strasburg, CO 8013E Phone: 303-549-7992 Email. o s.csari ail.co 3 TMEMMIMM From: Tara MacNeill <tmacneill@mvgdev,com> Sent: Wednesday, November 05, 2014 8:11 AM To: Lauren Mikulak Cc: Alicia Rhymer, Carolyn Powell; Harold Ponserella; Art Betz Subject: RE: MV G MARKETPLACE SUB, FIL. 1 Thank you Lauren! I will be sure to coordinate with Art on the Century Link easement, In the meantime, we will ha Harold work on the exhibits and legal descriptions of the easements, while Carolyn and I will work on the actual easement documents, Thank you again! I Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 M 1720234.0769 From: Lauren Mikulak fmailto:lmikulak@ci.wheatridge.co.us] Sent: Tuesday, November 04, 2014 9:34 AM To: Tara MacNeill Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserella Subject: RE: MV G MARKETPLACE SUB, FIL, I Tara, I have spoken with Xcel and Century Link and have updates for you: I spoke with Jodi Leonard at Century Link—they typically vacate easements by separate document but for whatever reason didn't comment on the plat. It sounds like Jodi is already working with Art Betz and they will vacate the easements once the utilities are moved. 303-451-2379 I spoke with Frank Grady at Xcel who is their right-of-way specialist. He reviewed the two PSCO easements and Will write a quit claim deed to vacate the older 1967 easement. The more recent easement (2009) was established in part to provide power to the bus shelter. They'll wait to vacate that one until its confirmed whether or not the bus shelter needs a light (the new ped lights may be sufficient?). Tara, I gave Frank your contact information to coordinate the quit claim 4eed, 303-425-3874 Lauren E. Mikulak, AICP Senior Planner *ffice Phone: 303-235-28475 Fax: 303-234-2845 Ob., t4 wfi(�at dge C- From: Tara MacNeill [ i x..ei Sent: Wednesday, October 29, 2014 9:43 AM To: Lauren Mikulak Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserell Subject: RE: MVG MARKETPLACE SUBFIL. 1 Thank you Lauren. We are holding tight to see what the lender does or does not require regarding this prior to closing. Otherwise, we will take care of all as soon as we can but not necessarily on a rush basis. Thank you again Lauren. Tara MacNeill Sr. Paralegal MVG I evel Dopment Denver, CO 80206 0 303.5716500 M 720 0769 From: Lauren Mikulak [m slto1mikulak �cl.whea�trld e�.CQMJ Sent: Tuesday, October 28, 2014 3:04 PM To: Tara MacNeill Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserella Subject: RE: MVG MARKETPLACE SUB. FIL. 1 I've done a little homework and based on the email from the title company it doesn't sound like there are many options other than providing a separate document. I have sent emails and the easement docs to my contacts with Century Link (was Qwest) and with Xcel. Century Link rarely responds toemails and I have not heard from them, Xcel provi!mss contact information (below) for the person who can execute the separate document, The City is not likely a party to it because the original easements appear to be exclusive between the utility and property owner, Lauren E. Mikulak, AlCP Senior Planner Office Phone: 303-235-2845 Fax- 303-234-2845 r -7 ber 28, 20'4 10 27 7AM Y� Po -ar Tp� ell; Harold Ponserell 20 C SU JLI Sent: Tuesday, October 28, 14 10:27 AM To: Lauren Mikulak Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserell Subject: RE: MVG MARKETPLACE SUB. FIL. I Here is the breakdown of easements and the actual documents are attached, which we have confirmed with Jef too. Fvn�� 0 A. An easement for utilities and incidental purposes granted to Public Service Company of Colorado, as set forth in an instrument recorded November 7, 1967 in Book 1979 at Page 107. It is anticipated that Excel EngMy is now the grantee under this easement and would be the party to acknowledge the vacation. B. An easement for telephone lines and incidental purposes granted to Mountain States Telephone and Telegraph Company, as set forth in an instrument recorded February 6, 1962 in Book 1446 at Page 569. It is anticipated that g_west is now the grantee under this easement and would be the party to acknowledge the vacation. 2. Parcel 2: A. An easement for utilities and incidental purposes granted to the Mountain States Telephone and Telegraph Company, a Colorado corporation, as set forth in an instrument recorded April 24, 1974 in Book 2615 at Page 289 and re-recorded November 29, 1974 in Book 2684 at Page 195. It is anticipated that CL�ygst is now the grantee under this easement and would be the party to acknowledge the vacation. 3. Parcel 3: A. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Agreement recorded October 31, 1961 in Book 1420 at page 342. It is anticipated that and benefitteo_parcels vacation, I is now the grantee under this easement and would be the party to acknowledge the B, Terms, conditions, provisions, obligations, easements and agreements as set forth in the Street Light Utility Easement recorded July 1, 2009 at Reception No. 2009064728. It is anticipated that tNg I �Energy is now the grantee under this easement and would be the party to acknowledge the vacation. Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 0 301573,6500 M 720.234.0769 From: Lauren Mikulak Sent: Monday, October 27, 2014 5:32 PM To: Tara MacNeill Cc: Alicia Rhymer; Carolyn Powell; Harold Ponserelia Subject: RE: MVG MARKETPLACE SUB. FIL. 1 1 was in meetings for the rest of the day. Regarding the vacated easements, do we know how they were originally created—by plat or separate document? Am I correct that the only subject easements are these: 0 8'MST&T 0 5'MST&T * XPSCO 0 81 PSG Lauren E. Mikulak, AICIP Senior Planner Wfice Phone: 303-235-2846 Fax.303-234-2845 — 3 Fr• ar:, a nei mv Sent: Monday, October 27, 2014 1:46 PM To: Lauren Mikulak Cc: Alicia Rhymer; Carolyn Powell- Harold Ponserell Subject: FW: MVG MARKETPLACE SUB. FIL. I Lauren, see Jef s response below. Does it make sense to schedule a quick call between all on this distribution to see is week and then gost-closing, if acceptable to the lender? Tara MacNeill Sr. Paralegal MVG I Development Denver, CO 80206 01303.573,6500 M 1720.234.0769 From: Stanton, Jef [m i1to"Stanton firstam-COM] Sent: Monday, October 27, 2014 1:39 PM To: Tara MacNeill Cc: Bailey, Sonya (CO); Lawlis, Jane M. Subject: RE: MVG MARKETPLACE SUB. FIL. I It's good that the utility companies approved the plat (I see that Excel did anyway) but that won't work to terminate the easements, They will need to be terminated separately, which they can do on an amended plat or by separate documents. Easements create an interest in land, and unfortunately the City does not have the authority to vacate someone else's easement. —Jef Jef Stanton Associate Underwriter - From: Tara MacNeill [mail l ftacn m Weill my —ev.com] g .. _—e—i— ---qd Sent: Monday, October 27, 20119:53 AM To: Stanton, Jef Cc, Bailey, Sonya (CO); Lawlis, Jane M. Subject: FW: MVG MARKETPLACE SUB. FIL. 1 Jef, see the attached and below, which makes sense to me but let me know if this doesn't get you what you need. Thank you! Tara Tara MacNeill Sr. Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 0 1303.573.6500 M 720,234.0769 4 Sent: Monday, October 27, 2014 10:50 AM To: Tara MacNeill Cc: Harold Ponserella; Carolyn Powell; Alicia Rhymer Subject: RE: MVG MARKETPLACE SUB, FIL. I UM In the meantime, attached are a few documents that may be helpful or sufficient for the title company. As with all land use cases, the subdivision plat was sent on referral to all utility agencies. The plat that was sent showed the easements that were proposed to be vacated and created. With all referrals we include a cover sheet requesting comments, Attached is the cover sheet that was sent for the MVG plat as well as the three response letters that were provided by the three utility agencies, These letters had also been forwarded to MVG when they were received. As you'll see in the letters there was no objection or comment on the easements. If there are no issues (as in this case) we do not have a precedent of requiring additional sign off from utility agencies. U= Lauren E. Mikulak, ACCP' Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 C its c-4- , ��Whcat F), clgc (,0NAM(JN1'TY DFVROPNONT From: Tara MacNeill Sent: Monday, October 27, 2014 10:01 AM To: Lauren Mikulak Cc: Harold Ponserella; Carolyn Powell; Alicia Rhymer Subject: RE: MVS MARKETPLACE SUB. FIL. 1 Thank you Harold. Lauren, I have relayed your response to Jef the title underwriter but not sure if this will be enough for him. Because this is a title/legal related issue, it may make sense get have your counsel give a specific response as to why there would be no concern about the easements having been vacated by the plat. Does that seem like a possibility? Also, because we are trying close a loan, which is why the title company is bringing this issue up, as early as possible this week, anything you can get us ASAP will be most appreciated. Thank you Lauren! Tara MacNeill Sr, Paralegal MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 01303.573.6500 M 1 720.234.0769 From: Harold Ponserella Sent: Monday, October 27, 2014 9:30 AM To: Tara MacNeill; Carolyn Powell; Alicia Rhymer Subject: Fwd: MVC MARKETPLACE SUB. FIL. 1 W 9 This "is the comment from Lauren from the Clity of Wheat Ridge. Harold Ponserella , -wA"ry Ang, & Assoc., Inc. P.O. Box 694, Strasburg, CO 801,36 Phone: 303-549-7992 Email: pons.csaLagmail.com ---------- Fonvarded message ---------- From: Lauren Mikulak <]Ltimiikulakr(,'c,i.wlieati-i�deco�.tts> Date: Mon, Oct 27, 2014 at 9:24 AM Sub�jcct: RE: MVV MARKETPLACE SUB. FIL. I To: Harold Ponserella <Ronscsaiii&Yn1aiI-c0n1> I - It has never been our practice to have utility companies sign a plat even if easements are vacated or created. The utility agencies are notified of the changes through our standard referral process, and I'm not aware of this having ever come up in the four years that I've been here. I'll be asking in our staff meetings this Tuesday and Wednesday, and if there are additional comments I'll let you know. Lauren E. Mikulak, AICD Senior Planner Office Phone: 20_3-235-2845 Fax- 103-234-2845 Sent: Friday, October 24, 2014 11:42 AM To: Lauren Mikulak Subject: MVG MARKETPLACE SUBFIL. I 6 sayingam running linto a problem with a Title Company the existing easements -- shown on plat "I'MVG Marketplace • ! ! vacated by the plat because the Utility companies • ! • sign the plat. Can • Company correct ! the vacatedeasements were not as Intended ! plat. Harold Ponserella Cottonwood Surveying & Assoc., Inc. P.O. Box 694, Strasburg, CO 80136 Phone. 303-549-7992 Email: RgaL.csaL, n ileo 7 This message may contain confidential or proprietary information intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please immediately notify us by replying to the message and delete the original message, and any copies immediately thereafter. If you received this email as a commercial message and would like to opt out of future commercial messages, please let us know and we will remove you from our distribution list. Thank you.— FAFLD a Lauren Mikulak From: Lauren Mikulak Sent: Monday, November 24, 2014 2:08 PM To: Alicia Rhymer Cc: Carolyn Powell; Aaron Thompson; Art Betz; Harold Ponserella; Dave Brossman Subject: RE: Kipling Ridge - Additional ROW dedication - Exhibit and Legal Description Attachments: 38th and Kipling-MVG Marketplace -Additional Kipling ROW - reviewl.itr,pdf, Kipling Street Additional ROW -Review-l-REDUNES.PDF ; WD (Blank Example).doc Alicia, Attached are comments based on our review of the ROW dedication exhibit. Please address all comments and resubmit Thank you, Lauren E. Mikulak, AICIP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 Oty c*1 W From: Alicia Rhymer [mailto:arhymer@mvgdev.com] Sent: Tuesday, November 18, 2014 4:20 PM To: Lauren Mikulak Cc: Carolyn Powell; Aaron Thompson; Art Belt Subject: Kipling Ridge - Additional ROW dedication - Exhibit and Legal Description Attached please find the legal description and exhibit for the ROW dedication for the southern acceleration lane. This should be consistent with plat and agreement with city. ff=m Alicia Rhymer Development Director MVC I Development 1509 York Street, 3r" Floor Denver, CO 80206 Mobile (720) 273-9841 Office (303) 339-5178 N From: Aaron Thompson [mailto:Aaron@aperiopc,com] Sent. Tuesday, November 18, 2014 6:28 AM To: Alicia Rhymer; Art Betz Cc:'Chad Wheeler' Subject: FW: SH 391 Landscape Permit Request ROW dedication exhibit and description attached. Thanks, Aaron From: Lauren Mikulak[MALHto.lmikulakA2ci.wheatrid e.co.us Sent. Friday, November 14,2014 1:35 PM To: Alicia Rhymer Cc: Art Betz; Aaron Thompson Subject: RE: SH 391 Landscape Permit Request For the Kipling ROW dedication, please submit a legal description and exhibit for the area to be dedicated. The PW department will forward it to Council for acceptance. Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 ity ("A From: Alicia Rhymer [m@Jftogrhymer v vc m) Sent: Thursday, November 13, 2014 8:13 AM To: Lauren Mikulak CC: Art Belz; Aaron Thompson (Aqrgn@Apgrig �c.c m) Subject: Re: SH 391 Landscape Permit Request We are working on the revised plan set now and will get something over to you soon. We were not aware of the formal appeal process until now. At this time we feel it is best to move forward with design and on site modifications/work required to accommodate the lane to not further delay our construction. We have reached a necessary decision point in the project and CDOT is not backing off the requirement. We will start the Kipling work as soon as CDOT issues the 'NT P. We are hoping to receive that today. Once we finalize design we will need to discuss ROW dedication for the additional lane throug i separate instrument. I have the executed site plan and will drop off on Friday. Nathan should have submitted the master sign plan yesterday and I look forward to receiving your comments and getting that to final form. 19 Sent from my Whone On Nov 12, 2014, at 4:53 PM, "Lauren Mikulak" <11imnikkWiga ��&ci.wbeatr�ic�.> wrote: Alicia, We would need to review the civil plans as a modification to the previously approved plans. The streetscape will need to comply with the streetscape design manual and be consistent with the previous design, including the detached walk with tree lawn and ped lights. We will continue to explore options with CDOT, so we'll keep the previous plan shelved in case this is all moot. Evidently there is a formal appeal processidMVG consider that at all? Also, do you know the proposed timing of construction along Kipling? Thanks, Lauren E. Mikulak, AICD Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 <image001Jpg> Y•'- A7M FiTJ'f"eT Sent, Monday, November 10, 2014 8:45 AM To: Mark Westberg; Lauren Mikulak; Steve Art Cc: Art Betz; Aaron Thompson Subject: FW: SH 391 Landscape Permit Request Cmportance: High It appears that this acceleration lane is not going away and we need to move forward on finalizing design, revising plans accordingly and working through all necessary items (ROW dedication through separate instrument, etc.) to accommodate this change. Can you please review the attached plan and sign off on the attached sidewalk concept before we finalize the plans and submit to CDOT? This is consistent with the design for Auto parts and fast food to the south. if we could also set up a call on Wednesday to talk through how we work through this change and all necessary modifications to the site/city plans, platting, etc. that would be helpful, Thanks! Alicia Rhymer Development Director IVIVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 Mobile (720) 273-9841 Office (303) 339-5178 9 From: Aaron Thompson mailto:Aaron a erio c.cornj Sent: Monday, November 10, 2014 8.21 AM To: Alicia Rhymer; "Chad Wheeler' Cc: Art Belt Subject: RF: SH 392 Landscape Permit Request Attached is the revised Sheet C1.7 for the designed improvements on the additional acceleration lane south of the southern entry drive. We can send it to Tom Klein for revision to the landscape plan, do you want to be sure the City has signed off on the attached sidewalk prior to Term revising his plans? Please note that the revised property line (proposed south of the entry drive) aligns with the back of the proposed attached sidewalk. Thanks, Aaron From: Alicia Rhymer ailto:ar mer my dev.conj Sent: Monday, November 10, 2014 7:501 AM To: Aaron Thompson; Chad Wheeler Subject: Fwd: SH 391 Landscape Permit Request Sent from any iPhone Begin forwarded message: From: "Laughlin - CION, Christopher" Bch isto lae .lau hlin �%state.eo.ns> Cate: November 10, 20) l4 at 7:34.53 AM MST To: Alicia Rhymer <arh Ener ix m de r. of t Cc: Bradley Sheehan - CDOT <hradle .slieehan i�? tate.co.us> Subject: Re SH 391 Landscape Permit Request Alice, Brad only handles access work the NTP has nothing to do with any special use permits that are required for the landscaping;. I will need the updated plans to be able to refer your landscaping to CDOJT specialty Units. Thanks. Oen Mon, Nov 10, 2014 at 7:29 AM, Alicia Rhymer <arh mer ci)nxv gdev corn> wrote: We are aware of this and are working through the design of that piece. Brad has agreed to release the NTP for the rest of the work: while we continue to work through the design of the south acceleration lane. 4 I have copied Brad. Sent from my Whone On Nov 10, 2014, at 7:25 AM, "Laughlin - CDOT, Christopher" <cbrist.; l er,lau hlin&.state.co,us> wrote: Alice, You submitted a CDOT permit application for Landscaping within CDOT right of way. The plans you submitted do not show that the acceleration/deceleration lane goes past the furthest South access point. It is my understanding that this is a requirement from the CDOT Access Engineer. Please check with the developer and confirm this and revise and resubmit your plans accordingly. Thanks. Chris Laughlin Region I Project Manager/Permit Coordinator 003.jpg>l 2000 S. Holly Street Denver, CO 80222 303-512-4269 (Office) .303-916-0463 (Mobile) Chris Laughlin Region I Project Manager/Permit Coordinator Lima ge003. 2 j 2000 S. Holly Street Denver, CO 80222 303-512-4269 (Office) 6 '* � A Itf City of rWh6atRjgge- p LIC WORKS City ot'Wheal Ridge Municipal Building 7500 W 29"' Ave, Wheat Ridge. CO 80033-8001 P: 303.235.2861 F: 303,235.2857 November 21, 2014 Mr. Harold J. Ponscrella, P.L.S. Cottonwood Surveying and Associates. Inc, P.O. Box 694 Strasburg, CO 80 x 303,549.7992 Re: First Review Comments of the Legal Description and Exhibit for the Additional ROW needed for the MVG Marketplace Subdivision, Filing #L Case #MS -1 4-0 1/ WSP-1 4-01. Dear Mr. Ponserella., I have completed the first review of the above referenced documents received on November 19, 2014, for the MVG Marketplace Subdivision located at 3725 Kipling Street, and I have the following comments: General Comment: I. Please note that a Warranty Deed using the standard City template will be required to complete the dedication of the Right -of -Way. I have included a copy of the standard deed template with this review letter for completion by you (you will need to modify all of the highlighted text to correspond to this pro.ject). The Deed will need to be fully executed (notarized signature) by the grantor prior and accompany the Legal Description and Exhibit prior to submitting to the City for approval, Legal Description I . Label this page, as -EXHIBIT A PAGE I OF 2" as shown on the redlined Legal page. 2. You should include your zip code in the company address (both pages). 1 In the first line of the description, Kipling is misspelled. 4. Please add a Point of Commencement at a section corner, and the tic to the SE corner of Lot 4 with "Point of Beginning" label to match end of description. 5. Please add the words "of said Section 28" in the location of paragraph two as shown in the redlined page. 6. The acreage must be shown to four (4) decimal places. 7. Please note that all Basis of Bearing Statements shall utilize Section and 1/4 Section Corners only (aliquots are disallowed by Code). The B of B should correspond to the Section tie as well. Exhibit A 1. Please include the JeffCo Reception Number 2014078866 for the MVG Marketplace Sub. Fil No. I plat as indicated. 2. 'The acreage must be shown to four (4) decimal places, 3. Please identify the Point of Commencement. Please submit for relview and approval one PDF rite of both revised documents, and one AutoCAD 2010 (or older) DWG rite of the revised Exhibit. ,",,wm,.ci.wheatridge.co.us November 21, 2014 Page The above comments are as of the date reviewed and may not reflect all comments From other departments or reviewing agencies. It you have any questions, pleas; contact me at 30 .235,286 . Sincerely., ""*tit x , t.at v ootttutty t .x..,r.s..a, City Surveyor/Developnient Review Engineer 303.235.2864 dbrossman abchwheatrid e.coms ("C: Steve Nguyen, Engineering Manager Lauren AMikulak, Planner IF Mark vara Hattan„ Engineering Technician File wwwxi, wheat ridge.co, us 38th and Kiphnp N4VG Mark, etplace, Additional Kipling ROW - rets icw Hu.docx EXHIBIT A PAGE 1 OF 2 CSO` TOM Ii OOOoD SUR QSSSOCOL° TESY ONCE P.O. BOX 694, STRASBURG, COOFFICE (303) 549-7992 SCALE 1" = CHECKED BY: IXJOB N0. 2013-14 SHEET 1 OF 2 NOTES Add Zip Code DATE 11 / 18 / 14 BY PONS Kipling is misspelled. LEGAL DESCRIPTION: ADDITIONAL RIGHT—OF—WAY F KILPLING S EET A PARCEL OF LAND BEING A PORTION OF LOT 4, MVG MARKETPLACE SUBDIVISION FILING No. 1, AS RECORDED UNDER RECEPTION No. 2014078866 OF THE RECORDS OF THE COUNTY OF JEFFERSON, SITUATE IN THE NORTHEAST CAdd a Point of Commencement at a TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., C STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBE section corner, and tie to SE corner of Lot 4 with "Point of Beginning" BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; label to match end of description. THENCE S89'14'43"W ALONG THE SOUTH LINE OF SAID LOT'4, SOUTH LINE OF THE NORTHEAST ONE—QUARTER OF THE NORTHEAST ONE—QUARTER OF THE NORTHEAST ONE—QUARTER ,DISTANCE OF 12.00 FEET; L THENCE NOO'12'38"W ALONG A E 12.00 FEET WEST AND PARALLEL WITH THE WEST RIGHT—OF—WAY LINE OF KIPLING EET AS SHOWN ON SAID PLAT OF MVG MARKETPLACE SUBDIVISION FILING No. 1, SAID LIN ALSO BEING THE EAST LINE OF SAID LOT 4, A DISTANCE OF 162.77 FEET TO AN NQE POINT ON AID WEST RIGHT—OF—WAY LINE OF KIPLING STREET; of said Sec. 28 THENCE ALONG SAID WEST RIGHT—OF—WAY LINE OF KIPLING STREET AND SAID EAST LINE OF LOT 4 THE FOLLOWING TWO (2) COURSES, 0.0420 Acres (acreage must be 1) S30'12'38"E A DISTANCE OF 24.00 FEET; provided to 4 decimal places). 2) �Efd�E S00'12 38 E A DISTANCE OF 1 FEET TO , CONTAINING 1828 SQUARE FEET OR 0.04 CRSS MORE OR LESS BEARINGS ARE BASED UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM WHICH BEARS S00'12'38"E BEING MONUMENTED AT THE NORTHEAST CORNER AND THE seupmisT eORNER OF THE NO EAST QUARTER OF SECTION 28, T.3S., R.69 W. OF THE 6TN\_P.M., AS SHOWN ON HEREON. SURVEYOR'S 1, HAROLD J. PON DESCRIPTION A -Na MY DIRECT OF MY KN Mji w� Would be Southeast Corner to be correct. However, the exhibit shows the East 114 Corner, Sec. 28, which should be used in the Legal. Please note that all Basis of Bearing Statements shall utilize Section and 1/4 Section Corners only (aliquots are disallowed by Code). CITY OF WHEAT RIDGE PUBLIC WORKS H ROL J. -RON34 A 29766DATE 11/19/2014 DATE 11-18-14 RECEIVED 11/19/2014 1st Submittal P.O. BOX 694, STRASBURG, CO OFFICE (303) 549-7992 SCALE 1" = 50' CHECKED BY: NOTES Add Zip Code JOB NO. 2013-14 DATE 11 / 18 / 14 BY — PONS SHEET 2 OF 2 a0PLONG 87RE 4 ADD0700MAL R0QN7-0F=WAV EXHUB07 'A' LOT 4 MVG MARKETPLACE SUB. F1L No. 1 RECP. NO. 2014078866 ADDITIONAL ROW---, KIPLING STREET �I 0.0420 C U, BAR SCALE Y 0 25 50 100 i Z � 31 Scale 1" = 50' O S89'14'43"W w 251.60' 12.00' \ S. LN. NE1/4 NE1 4 NEl/4 SEC. 2 S B9°14'43" W 263.60' LOT 1-A ELLER SUBDIVISION ZONED R -C Please identify the Point of Commencement NE COR. SEC. 28 -zz:�IFND 3-1/4" ALUM CAP LS 13212 IN MON. BOX 30'12'38 "E 24.00' z Q w M o � CnCn N 00m It F_ to. (000N N W 00 `o rj 20 o -,Z Iw Z ctDo c0 N ? Lo OU 3Q� W � Y N o S89'1 4'43"W P. 0. B! SE COR. LOT 4 � E1/4 COR., SEC. 28 FND 3-1/4" ALUM CAP LS 13212 IN MON. BOX "a .� O y cc w �+ p .b ^ i., � bc�y +.. b E 0 � � cc 4, "a c 0, 2 0 o a o [zl c° o O° o w w a� �, A ga w U. = ° O � y Z O 3 >C p^ O :d — h U h zm y� ° _ U o� �o� o000o c,L" o x L w ow � c 0 y X w Qb o a .�� ; O �U 00 ° o °0 >' .fl V V cc ° ° � a 0 o oO A 04 0W ° o O O Gy M O y � E W 2 U c ev W cmc 3 Oco U Q. W b00 b v ccn = O bp4 �� "o C a Q) m° N a 3 w O W ip A Z 45 G o w ... O O ti I vii p E Q 'b O A U y >> V Gam" N VI cc O z cc y0 .0 eC bq y U C CU� p 3 3 p.U� U C j � :� •� � � � N � X p � p � U -4L 0 � copy °��° s �•.°�°. � 3 w � X 3 �� am, cq CA Q � O c U ° o 0 � W 00 OX o ti ° V c v w o� ° Q `*" Y 3 a w c O w ao c _ v 3N > o ° 3rv� c0>r a3 3 i X 0 Fy+ F- City of ��Wh6at,R'ggie c OMMUNiTy DEVELOPMENT Memorandum TO: Jerry Dahl, City Attorney CC: Ken Johnstone, Scott Brink, Steve Nguyen, Mark Westberg, Steve Art FROM: Lauren Mikulak DATE: November 5, 2014 SUBJECT: 381h and Kipling — CDOT Accel Lanes Below is a summary of the sequence of events related to the acceleration lane at 3811 and Kipling. Several events were provided by the applicant as the City was not privy to direct cornmunication between CDOT and the applicant. February 2014 — An initial traffic study (dated January 2014) is submitted to City for review and CDOT referral. This study discusses right turn deceleration/acceleration lane needs at site access pursuant to the Access Code. This study also discusses the Codes design provision to generally not require acceleration lanes for a NRB classified road, and discusses how a waiver of right turn deceleration lanes was being pursued because site frontage constraints and traffic analysis identification of no safety or operational problems for right turn movement, February 21, 2014 — Kirk Allen (CDOT) and Mike Rocha (applicant traffic consultant) correspond via email regarding preliminary request not to provide southbound right turn lanes on Kipling Street. Kirk defers a response until after a submittal and site plan are received from City on referral. February/March 2014 — The subdivision plat and site plan are sent on referral to CDOT among other agencies. March 3, 2014 — The City forwards to the applicant a CDOT comment letter dated March 3, 2014 from Brad Sheehan. The applicant's wish to waive southbound right turn lanes at each site access is acknowledged and denied. A revised traffic study (dated March 2014) is submitted to City for review and CDOT referral. This study included revised discussions of how right turn deceleration were now proposed at each site access. No right turn acceleration lane proposed. March 8 — 25, 2014 — Lauren Mikulak notifies Brad Sheehan (CDOT) of the City's policy change regarding right-of-way reservation. A copy of the MVG plat was emailed and indicated that the right-of-way reservation would be removed from the plat, but a dedication would still be required as she ivn in the her lchedarea (see attached), The plat does not show the dedication (accel lanes) extending to the southern property line. Brad responds that there is no problem with the removal and he does not comment on the fact that the dedication is not shown extending to the southern property line. At this point in time. the City is unaware of an issue related to accel lanes, as there has been no request from CDOT for an extension of the dedication in either communication (the original referral or this email correspondence). May 9, 2014 — Official access permit applications, with a copy of'Nlarch 2014 traffic study. are submitted by the applicant to CDOT' (brad Sheehan) on May 9. 2014, June 6, 2014 — The applicant receives approved access permits oil June 6, 2014. Access terms and conditions were reviewed. June/July 2014 — Mike Rocha (applicant traffic consultant) and Brad Sheehan (CDO'l") correspondence regarding access terms and conditions revisions, clarifications, and receipt of Cf OI' final approved access permits. CDOT date for final approval is J u IV 25th. Approved access permit only requires the need for deceleration lane. July 16, 2014 -- Plan sheets for Kipling Street improvements are submitted to Brad Sheehan (CDOT) on July 16th by email from Aaron Thompson (applicant's consultant). August 8, 2014 —The City approves the civil construction plans for the prQject. August 22, 2014 -- Brad Sheehan emails applicant (and copies City) stating the designs are acceptable for approval but requests a discussion on the acceleration lane. This is the first time the City learns of accel lane issue with CDOT. August/Septernber, 2014 — The applicant's traffic consultants and Brad Sheehan correspond from August to September regarding design concerns/constraints associated with an acceleration lane. The City offers to talk to CDOT' at this point. but the applicant wants to handle the conversations with CDOT, City reviews correspondence from CDOT and does not see any clear indication that accel lane was to be extended to the southern property line. September 12, 2014 — The applicant has a meeting scheduled with Brad Sheehan. but fie is out, of the office when they arrive. They meet with another CDOT representative. Kirk Allen. who requests an amendment to the south curb return radius and requests a written rnemo outlining, the correspondence between CDOTand the applicant. September 19, 2014 — The subdivision plat and SIA are recorded. September 23, 2014 — The applicant provides a written timeline to CDOT requesting reconsideration of tile acceleration lane requirement . The events above are included in the timeline that was provided to CDOT. The applicant indicates that several informational items describing access intent and anticipated improvements to the southern Kipling Street access were submitted to CDOT (through direct submittal or by way of City referral) via conversation, referral letters, traffic study reviews and revisions, access permit issuance. 'They state: 11 As brie ./%y summarized in above evems, the provision of the acceleration lane WaSnever proposed or required, (.7onsequentIv, any additional lane requirement presents a hardship to the project as the plot, site development plans, and improvement agreements have alreatty been approved Aloreover, site developinent construction, with the exception ql'Kipling,Ytreet, is undcrvv.-�. October 10, 2014 - Brad Sheehan responds informally via email to the applicant regarding the timeline. Brad will not reconsider the accel lane: Alicia, Kirk,fin-warded.your e-mail to me while he is on vacation; he will not be back until next Tuesday. I reviewed and called /br ,iccelcratioizllecelct-atioii lanes throughout Kipling adjacent to this project and made the requirement in a statement during a meeting last march and in writing which is being disputed We can continue to dismae both whether I made it clear or that the lane is not warranted, which we (to not agree with, however, CDOTivill require the lane to be constructed. Another meeting and more discussions can pill this pr(yectfurther alit and we are no closer to resolution. Please know I alit not implying another meeting cannot take place. If can consider, the engineer can begin the design now and I can release construction a f the approved plans fi-oln 381h A ve to the most southerl), access with a Notice to Proceed ("NTP"). Further, we would exclude the acceleration lone while the acceleration lane is being designed I can release that portion as soon as approved Please call me and we can discuss the e / other questions, brlsat h thave brought us to this point and ani October 10, 2014 - Brad Sheehan provides comments to the City related to a different development application (38'h and Wadsworth) indicating that he will try to exact more improvements on Wadsworth than may be triggered than the proposed development if the City will back him LIP. "rhe correspondence (copied below) appears to shed light on why they are also insisting on getting more right-of-way Kipling. Lauren, can Ispeak to your engjneer revienving- the prqject? Or can )u ,,oird tthisconcern? As Wadvworthgets busier the decel , turn lane jj)n v( for bound irql c ,fi (it 35th is a vety good idea. (.*DOT standards hilve, a difticulay in that we don't!rut background tricx,fic° into the prix toobtain turn lanes. ii,eseem tobestriellj�,,Iettrmit7edbased onthe sites developed trips,. In 11healrh4ge standards can weget this decel lane into 35thfiroln their most southerly access based oil Wheatridge requirements, for ,fidl aeijacenl street improvements? All agencies I deal with do require that their standards to be met on state roads as well as their own. Can Wheatritkye require this lane? please note they are not showing its construction. We both will get this phone callfin- this lane. Believe me I have fior tnatry other similar sites and the local agency, velAy often makes a project out(#'il, Teri payvrlcid), moneyels opposed to developer complethkg their project lam g-voing to make an attempt to get it but needyour backing (is well. [emphasis added] October 21, 2014 -The City researches the CDOTaccess code and determines that the accel lane cannot be required based on the quantitative criteria including the speed of Kipling and the number of trips generated by the development. The applicant, their consultants. Mark Westberg, W and Brad Sheehan meet at CDOToffices to discuss the accel lane. The applicant and City describe safety concerns related to a Substandard length of the acceleration lane. CDOTconveys that they are relying on a catch-all clause in the access code that allows CDOT to require accel lanes based on the conditions of Kipling (not the site specific development). There are no adopted plans for widening Kipling, and Kipling is not included in the fiscally constrained regional transportation plan. Despite this, Brad reiterates in the meeting that it is CDOT's goal to get a third lane built on Kipling and their goal to -get the developer to pay for it instead of the taxpayers in the future." The applicant offers to dedicate right-of-way to CDOT for a future widening instead of build an accel lane, but there is no resolution at, this meeting. November 3, 2014 — Scott Brink and Steve Nguyen have a phone conversation with CDOT Region I Director `cony DeVito and Deputy Director Paul Jesaitis to discuss the accel lane requirement. They do not change their position. and only offer three options: 1. Build the accel lane 2. Build the accel lane and build an accel lane on the neighboring property to the south to make it safer 3. Don't build an accel lane and prohibit right turns out of the property 0 UNPLAATT 0 sc� n W LS r V i} N BON BOX wR� I I a2Y& I I fr�N 7 UNPLATTED mRR .� mM� a_rwoo•:� L0T I < MEAT RIDGE DENTAL )OUP Z rr.zr mw NEST -7 Nrr (F/W FCtp. MR BBO]BSt2 �'. 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Aicrtz I °� I G�Np��p � I jj I Zax 3C -T I '= Sr.t ___—J Ta' — MBmmY SSBIY �Swm'Op•E �T LOT I CIRCLE KUB S E /c1 '/9'W 11' P.O.C. res !-V•' ALw W s r]T] N J,da eDX LOT z _p & 218TH&KIPLINC • -_ PARK SUB %T'� SAREA � O'W2 6.ls Acr i A. �I ti� k uN TRAeCfT,t R 'I8� I I er r�.s nAr I / DAA V, ]BI � Sf.r / OTG e Itl � $ LOT 4 ZT§V -I conn Sgr I 3♦; MJDI}')0Y P S N iED I � I E:r-1 l( JT9. N{ 1)996' RN _ S 8971�W Y85.10 res r TSJ9.65' W' LOT 1 ELLER SUBDIVISION uon•RNv ,om K I yJM ap/� a a — — Y s39�0'nw Tur.Ts7R1 xJr.n'(rl — — n/. aA., sc Te res ]-J/A' Ates W t5 3J13t N I Jqa BOX I XWO Nb%RXE7FLb%QE SM o DOWMICH FOLOG` O HO. A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 67 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF ADAMS, STATE OF COLORADO SHEET 2 OF 2 Jti !T. PRorcT MR fnwANnai a� RCI). 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N{ 1)996' 313981' = Byfe'JS•r� TSJ9.65' W' A R � 3!3662' 3!166)' S S 8 S 69]02)• w t6Jr25' [/• d >R` NE1/4 SECTION 28 DETAX SCALE 1'- 5W' NOTES, [ M! 9AeKr DOrS MOr [ONSnNiF A n SE_ BY CSaK Ne ro OCiOMr4 owams Jx rwsscwrs a RCWJm ra Au farrnr.rloM RrtumNc usrK+rs. gwiT-tr- TrBY nuKo oA^nr cr .a.meo. c51A,MNrc mrmJm wwATcprT[N ri. MJ ,Im 1., BY —TIdEcarzc..11 11 W P., u—A .1 r W_ M Mw21. z1Al ta Pr. AIrD Mrs-esxoo-c0 er rMI AIGwAM nnE NSAAMrc WwMr - Ma. EIIEcnJR wrt rraMaMr a. Tor. A" Pr. 2- - A—ro MdRAW ur w 31ST «RR=ML'r AA rrexAc BAND WM My IQ cl N s SMwY w MYr KMS A R Yes IMT �Me sroe OVEcr. rro twrr JaAr Mr Acres, eA.sm wax Mr afro N SW KY BE LWRJK'fD IAYS MAN NI KARS iROY MC BALE lF TK mvr=w.ridN saRN rRRcw J BA515 tX BEARACS a BAYD LsoM MY LNC rM( Mp ASI p/MRR Q SAO SEtrrd Jc AS SMOM OM FC On tr rEAr RD2 cdnlR pAORAM rRCM PARS wwfYleT mNG JldarApll[p AT M MOIMASr cpMR R. RR. (Y M OMSPSrq=N r(Rrpr.r pUMrpf K SECiIOv T6 1JS. 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Crf.Oar OWAXL _A_lA SYLM PROQCDNGS n[ R16Mr ro IISr n( wino JpR rCR MY PLAPOY MOT NopPAIaE rnl A A Y Bus As M AFCA ra A snarr rovrac nMXccr rs [ERESSLY _"V) BY M OrFR b OrRR SHALL MIK M RfMT ro MTALL U1UM1 APRVKIiOli3, lAAOSCAPMG AID OIMpI awluMA�aK'mA AAO IM(F M AA NO ROF ARCA 9ltcl ro ALL AfgA:Ml£ RCtllAnprS 0 A'OMURRMIAL wngrnrrt3 Aw aaArE AuaR rpe Aarss ro Ano rRCE roeooaT ,tlAeo mW oRABRrs nRpt=n, neOrom nur sua RrsR)m RRarrs W Jar NM..e x mEc1KN a Mr PEItlrNA[Mr smJcnAEs a ORAAACE rAwiBt B ALL bSrANL{5 ARE O.S 9AKY rWr. tsNcsluryA mt'Si RiamoOw•R snrtx mmAoo px3RAr D'auN�9 a� i .ww..mw.c. onop rRna.rJ uvo A"`.R m3Y a .r.r m =.Bess Ar•n ,ra rO�p.o m aoJ m9�X)!Mu farcA un•AT - o tW) tih -c Ms rARmAJN neTrm)IN. mYdrnS rol�A�>n wlN CASE HISTORY TMAMMUMIMP, From: Lauren Mikulak Sent: Thursday, November 13, 2014 8:34 AM To: Kenneth Johnstone; Scott Brink; Steve Nguyen; Mark Westberg,' Steve Art Subject: MVC update The email below is from Alicia (the new MVG project manager for 38 in and Kipling). It sounds like they have decided to just move forward with the accel lane, I'm having a hard time scheduling a meeting with everyone and Dahl, so I will call him today. It doesn't sound like they have interest in a formal appeal which seems to me like the only viable option at this point, and I'm not sure we want to go to bat without MVG. Thoughts? We are working on the revised plan set now and will get something over to you soon. We were not aware of the formal appeal process until now. At this time we feel it is best to move forward with design and on site modifications/work required to accommodate the lane to not further dela our construction--AVe 4�ave rp_76i, - l,;� We will start the Kipling work as soon as CDOT issues the NTP. We are hoping to receive that todal Once we finalize design we will need to discuss ROW dedication for the additional lane through separate instrument. Lauren E. Mikulak, ACCP' Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2845 Fax: 303-234-2845 www,ci.whea!lJdge.co.us City W" cat Te CONFIDENTIALITY NOTIM This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above, Ifyou are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. Ifyou received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 1 Lauren Mikulak From: Lauren Mikulak Sent: Friday, November 14, 20141:35 PM To: Alicia Rhymer Cc: Art Belz,- Aaron Thompson (Aaron@aperiopc.com) Subject: RE: SH 391 Landscape Permit Request For the Kipling ROW dedication, please submit a legal description and exhibit for the area to be dedicated, The PW department will forward it to Council for acceptance. Lauren E. Mikulak, ACCP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 t0l), c')f Coximtnw-ty From: Alicia Rhymer [mailto:arhymer@mvgdev.com] Sent: Thursday, November 13, 2014 8:13 AM To: Lauren Mikulak Cc: Art Betz; Aaron Thompson (Aaron@aperiopc.com) Subject: Re: SH 391 Landscape Permit Request We are working on the revised plan set now and will get something over to you soon. We were not aware of the fon-nal appeal process until now. At this time we feel it is best to move forward with design and on site modifications/work required to accommodate the lane to not further delay our construction. We have reached a necessary decision point in the project and CDOT is not backing off the requirement. We will start the Kipling work as soon as CDOT issues the NTP. We are hoping to receive that today. Once we finalize design we will need to discuss ROW dedication for the additional lane through separate instrument. I have the executed site plan and will drop off on Friday. Nathan should have submitted the master sign plan yesterday and I look forward to receiving your comments and getting that to final form. Thanks! Sent from my iPhone On Nov 12, 2014, at 4:53 PM, "Lauren Mikulak" <Irm .ii)ciwheatri wrote: Alicia, 11 We would need to review the civil plans as a modification to the previously approved plans. The streetscape will need to comply with the streetscape design manual and be consistent with the previous design, including the detached walk with tree lawn and ped lights. We will continue to explore options with CDOT, so we'll keep the previous plan shelved in case this is all moot. Evidently there is a formal appeal process—did MVG consider that at all? Also, do you know the proposed timing of construction along Kipling? Lauren E. Mikulak, AICP Senior Planner office Phone- 303-235-2845 Fax- 303-234-2845 Sent: Monday, November 10, 2014 8:45 AM To: Mark Westberg; Lauren Mikulak; Steve Art Cc: Art Betz; Aaron Thompson Subject: FW: SH 391 Landscape Permit Request Importance: is It appears that this acceleration lane Is not going away and we need to move forward on finalizing and working gtgrou 0 all necessary items (ROW dedication through separate instrument, etc.) to accommodate this change. Can you please review the attached plan and sign off on the attached sidewalk concept before we finalize the plans and submit to CDT? This is consistent with the design for Auto parts and fast food to the south. If we could also set up a c7f=,T1, necessary modifications to the site/city plans, platting, etc. that would be helpful. Alicia Rhymer Development Director MVG I Development 1509 York Street, 3`d Floor Denver, CO 80206 Mobile (720) 273-9841 Of (303) 339-5178 Sent: Monday, November 10, 2014 8:21 AM To: Alicia Rhymer; 'Chad Wheeler' Cc: Art • Belz Subject: RE: SH 391 Landscape Permit Request Attached is the revised Sheet C1.7 for the designed improvements on the additional acceleration lane south of the southern entry drive. We can send it to Tom Klein for revision to the landscape plan, do you want to be sure the City has signed off on the attached sidewalk prior to Tom revising his plans? ,troposed attached sidewalk. From: Alicia Rhymer mailto:arh mer my dev,co Sent: Monday, November 10, 2014 7:50 AM To: Aaron Thompson; Chad Wheeler Subject: Fwd: SH 391 Landscape Permit Request Sent from my iPhone Begin forwarded message: From: "Laughlin - CDOT, Christopher" < > Date: November 10, 2014 at 7:34:53 AM MST To: Alicia Rhymer --- > Cc: Bradley Sheehan - CDOT < > Subject: Re: SH 391, Landscape Permit Request Alice, Brad only handles access work the NTP has nothing to do with any special use its that are required for the landscaping. I will need the updated plans to be able to refer your landscaping to CDOT specialty Units, Thanks. On Mon, Nov 10, 2014 at 7:29 AM, Alicia Rhyn-ier wrote: We are aware of this and are working through the design of that piece. Brad has agreed to release the NTP for the rest of the work while we continue to work through the design of the south acceleration lane. I have copied Brad. Sent fi-orn my iPhone On Nov 10, 2014, at 7:25 AM, "Laughlin - CDOT, Christopher" <cbristoiher.laLI-111 ijn(d>statex�ous> wrote: 3 Alice, You submitted a CDOT pen -nit application for Landscaping within CDOT right of way. The plans you submitted do not show that, the acceleration/deceleration lane goes past the furthest South access point. It is my understanding that this is a requirement from the CDOT Access Engineer. Please check with the developer and confirm this and revise and resubmit your plans accordingly. Thanks. Chris Laughlin Region I Project Manager/Pennit Coordinator Firnage:0:0=1') > 2000 S. Holly Street Denver, CO 80222 3034512-4269 (Office) 303-916-0463 (Mobile) Chris Laughlin Region I Project Manager/Permit Coordinator ,,-image003.jp 2000 S. Holly Street Denver, CO 80222 303-512-4269 (Office) 303-916-0463 (Mobile) E�—�WIDOOOjEL, This email is free from viruses and malware because gvastl Antivirus protection is active 4 Lauren Mikulak From: Alicia Rhymer <arhymer@mvgdev.com> Sent: Thursday, November 06, 2014 12:15 PM To: Sheehan - CDOT, Bradley Cc: Kirk Allen (kirk.allen@state.co.us); Mark Westberg; Steve Art; Art Belz,- Aaron Thompson; Chad Wheeler, Lauren Mikulak; Scott Brink; Steve Nguyen Subject: RE: 38th and Kipling Development - Acceleration Design Brad, Thanks for the response to the proposed plan. We have everything into you for the Notice to Proceed on the remaining work. if you could provide me a timeline on issuing the NTP, it would be greatly appreciated. We are anxious to get going and beat the weather, Run= Alicia Rhymer Development Director MVG I Development 1509 York Street, P Floor Denver, CO 80206 Mobile (720) 273-9841 Office (303) 339-5178 From: Sheehan - CDOT, Bradley f Sent: Thursday, October 30, 2014 10:44 AM To: Alicia Rhymer CC: Kirk Allen (KILA99Wstate.co.us); Steve Art - City of Wheat Ridge (s�ci�,wheat�ride.c�o,us); Art Bela; Aaron Thompson; Chad Wheeler; AICP Lauren E. Mikulak Subject: Re: 38th and Kipling Development - Acceleration Design Thank you for providing the accell lane construction for our review. CDOT continues to require the acceleration construction along the frontage of the site based on requirements of the access code that we have noted in earlier writings. The lane plan view provided shows a 12 foot lane measured flow line to flow line and a truncated taper similar to widenings found along Kipling Parkway in numerous locations north and south of this property. The plan view is acceptable and the final designs can be provided. I am aware of the request for reconsideration of this construction with the CDOT Regional Transportation Director. However, we can continue as noted earlier with approving the NTP "Notice to Proceed" for acceleration/deceleration, lanes north of this access. Please call me with any questions you may have Brad On Fri, Oct 24, 2014 at 12:43 PM, Alicia Rhymer <arhymer&mv1),dev.com> wrote: L—__ _ Brad and Kirk, As a follow up to our 10/21 meeting and CDOT's continued request to install an acceleration lane south of the Sprouts access point on Kipling, attached please find the proposed acceleration lane design for your review and comments. As discussed in the meeting, site specific constraints allow for 131' of acceleration distance only for a vehicle, making this lane essentially unusable and unsafe for its purpose. We feet vehicular traffic exiting the Sprouts development will simply stay inside the development and wait for opening in traffic to turn right and accelerate onto Kipling, thus making the $80,000 -$ 100,000 (cost estimate received from design) improvement an unanticipated financial burden on the developer that brings no added value to the Kipling Ridge, project and is 15+years in advance of the need to widen Kipling. We also have safety and liability concerns if someone were to use the lane and get trapped as well as the weaving confusion it creates in the western lane along Kipling. In addition, we are concerned with the costs associated with the acceleration lane. The developer has willingly taken on S 1,090,070 in costs to improve both the ROW and access along 3 8"' and Kipling from current conditions for this project. 60% of those costs are for the Kipling improvements. An additional $80,000 mm - 100,000 100,000 is a major add to an already over budgeted project. I understand CDOT's position in the meeting "to make the developer pay when they can and not burden the taxpayer where they can", but we have substantially contributed to the widening and roadway improvements to Kipling on the north end. We would like CDOT to reconsider our request to dedicate the ROW to install with the Kipling widening project when a full y/finictional acceleration lane can be installed and is warranted in lieu of constructing it now. As discussed and approved in the meeting, we are pulling together final documents to submit the Notice to Proceed early next week for other Kipling improvement work. CLOT will issue the Notice to Proceed to allow construction to commence while we continue to work through the details and outcome of the acceleration lane. If you could please review the attached design and let us know your thoughts or how you wish to proceed, it would be greatly appreciated. Thanks for your time and continued cooperation in this matter. Alicia Rhymer Development Director Lauren Mikulak From: Mark Westberg Sent: Monday, November 03, 2014 2:05 PM To: Kenneth Johnstone; Lauren Mikulak Subject: FW.- MVG Development - Acceleration lane Mark A Westberg, PE, CFM Projects Supervisor Office Phone: 303-235-2863 WCity of h6,at LAC' WORKS From, Steve Nguyen Sent: Monday, November 03, 2014 1:53 PM To: Mark Westberg; Dave Brossman Subject: MVG Development - Acceleration lane Mark and Dave For your update, Scott and I had a phone conference with Tony DeVito - CDOT Region 1 Director, Paul Jesaitis — Deputy Director to discuss the acceleration lane which have been discussed at the CDOT Access permit office earlier. At this time, CDOT as a whole is unify on its position is requiring the applicant to build the acceleration lane to MVG south property line even though it will be shorter length. CDOT has outlined 3 different options: 1. Provide acceleration lane to the south property line with a design waiver. This is in-line with the MVG preliminary design submitted to CDOT on 10/30/14. 2. Provide a longer length acceleration lane by connecting this to the existing one to the south in front of Wheat Ridge Animal Hospital and Auto Zone. This will require right of way acquisition on the property immediately south of MVG. 3. Don't have to build the acceleration lane but will need to prohibit right turn out. Could you please pass this on to the applicant. Let Scott or I know if we need to discuss further. Steve Nguyen, P.E. Engineering Manager 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2862 Fax: 303-235-2857 www.ci.wheatride.co. n City of W h6at 14,:Rd TC WORKS not the intended recipient, you are notinea MaT any this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you, 2 Lauren Mikulak From: Gerald Dahl <GDahl{ mdkriaw.co > Sent: Monday, November 10, 2014 12:28 AM To: Lauren Mikulak Cc. Kenneth Johnstone, Scutt Brink, Steve Nguyen! Mark Westberg, Steve Art Subject: RE: 38th and Kipling - CDOT Advice Follow Up Flag. Follow up Flag Flagged I have reviewed this material. I do have some questions, and it might be useful to meet in person, One key question for me is the extent of CDOT authority here this is a City street that is also a state highway, and there is a set of statutes on how authority is divided up. I have a pretty clear week this week to • t.. r about 10, Tuesday,and Thursday, Some of the questions I have (which may be uninformed): • The cover memo note No. 2 says that the City has a safety concern with an accel lane that may be too short, but CDOT is actually asking for it to be longer, to the S. property line? • Perhaps the confusion is in the distinction between right turn lanes and accel lams — the memos use both, and in some cases maybe not what was intended? Obviously, a personal meeting looking at the map would clear this up, • Am I right in thinking CDOT actually issued its access permit on June So this is CDOT pulling that back's At this point, there are a series of options, but I suspect some will drop out after we meet. • City stays out; allows developer to deal with CDOT and probably lose. • Build the permitted and planned improvements now, sever out the discussion on the accel land (s CDOT implies), and continue discussions on that. • Engage in whatever formal appeal process CDOT has • Some sort of higher-level dialogue. * .t Gerald E. Dahl dah sir dkrla c o Direct: 303-493-6686 Murray Dahl Kuechenmeister , Renaud LL 1530 16th Street, Suite 200 DenNrer, CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 xvww.rndk-rIaw.corn This electronic mail transmission and any acconavanying documents contain 0 information belonging to the sender which may be confidential and legally privileged,. If you are not the intended recipient of this e-mail, you are hereby notified that arty dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. if you have received this e-mail in error, please notify me immediately kv telephone or e-mail and destroy the original message without making a copy. Thank you. From: Lauren Mikulak [moil o-.1�mikula�ka)ci.w�heatri'« eusI Sent: Wednesday, November 05, 2014 11:12 A To: Gerald Dahl Cc: Kenneth Johnstone; Scott Brink; Steve Nguyen; Mark Westberg; Steve Art Subject: 38th and Kipling - CDOT Advice dza Lauren E. Mikulak, AICP Senior Planner 7500 W29th Avenue wl)eat ?-ou?,41 Se, Office Phone: 303-235-2845 Fax: 303-234-2845 MML,cimheatrid a" • _ Y W J,44,1 TV 00,vt tof',m f N, I CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. Ifyouare not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited, If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected, Thank you, Lauren Mikulak 00 From: Lauren Mikulak Sent: Wednesday, November 05, 2014 11:12 AM To: 'Gerald Dahl' Cc: Kenneth Johnstone; Scott Brink; Steve Nguyen; Mark Westberg; Steve Art Subject: 38th and Kipling - CDOT Advice Attachments: Memo - 38th and Kipling timeline.pdf, 38th and Kipling - Site Plan,pdf M We have been communicating with CDOT over the last several weeks in an attempt to appeal one of their requirements related to the Kipling Ridge development at 38th and Kipling, An accel/decel lane is bring provided along 3/4 of the Kipling frontage, and CDOT is requesting that it be extended to the southern property line, This requirement was not made in the beginning of the project, it is not a safe requirement, and it does not appear to be an exaction directly related to the impacts created by the project. the improvements in question, At this point, we have several concerns: 1. The timeliness of the requirement—CDOT did not clearly communicate the requirement during the referral period or when access permits were issued; the issue was raised in late August. Z There are safety concerns associated with an accel lane that may be too short to function appropriately. 3. The requirement is based on a more subjective catch-all clause in the CDOT access code and is not based on the speed and trip generation criteria that would otherwise be applied to Kipling. 4. The exaction appears excessive and CDOT has indicated an expressed desire to "get the developer to pay" for a third lane that is not identified in any approved plans for Kipling, 01 wl WITVPfe-171- this requirement. We are seeking your guidance in terms of what (if anything) to do next Lauren E. Mikulak, AI CP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2845 Fax. 303-234-2845 www.ci.wheatridoe.co.us (Aly cA W 4mat CONFIDENTIALITY NOTICE: Thine -mail contains business -confidential information. It is intended only for the use of the individual or entity named above. if you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you, I Memorandum TO: Jerry Dahl, City Attorney CC: Ken Johnstone, Scott Brink., Steve Nguyen, Mark Westberg, Steve Art FROM: Lauren Mikulak DATE: November 5, 2014 SUBJECT: 38th and Kipling — CDOT Accel Lanes Below is a summary of the sequence of events related to the acceleration lane at 38`x' and Kipling. Several events were provided by the applicant as the City was not privy to direct communication between CDOT and the applicant. February 2014 — An initial traffic study (dated January 2014) is submitted to City for review and CD01'referral. This study discusses right turn deceleration/acceleration lane needs at site access pursuant to the Access Code. This study also discusses the Codes design provision to generally not require acceleration lanes for a NRB classified road, and discusses how a waiver of right turn deceleration lanes was being pursued because site frontage constraints and traffic analysis identification of no safety or operational problems for right turn movement. February 21., 2014 — Kirk Allen (CDOT) and Mike Rocha (applicant traffic consultant) correspond via email regarding preliminary request not to provide southbound right turn lanes on Kipling Street. Kirk defers a response until after a submittal and site plan are received from City on referral. February arch 2014 — The subdivision plat and site plan are sent on referral to CDOT among other agencies. March 3, 2014 — The City forwards to the applicant a CDOT comment letter dated March 3, 2014 from Brad Sheehan. The applicant's wish to waive southbound right turn lanes at each site access is acknowledged and denied. A revised traffic study (dated March 2014) is submitted to City for review and CDOT referral. This study included revised discussions of how right turn deceleration were now proposed at each site access. No right turn acceleration lane proposed. March 8 — 25, 2014 — Lauren Mikulak notifies Brad Sheehan (CDOT) of the City's policy change regarding right-of-way reservation. A copy of the MVC plat was emailed and indicated that the right-of-way reservation would be removed from the plat, but a dedication would still be required as shown in the hatched area (see attached). The plat does not show the dedication (accel lanes) extending to the southern property line. Brad responds that there, is no problem with the removal and he does not comment on the fact that the dedication is not shown extending to the southern property line. At this point in time, the City is unaware of an issue related to accel lanes, as there has been no request from CDOT for an extension of the dedication in either communication (the original referral or this email correspondence). May 9, 2014 — Official access permit applications, with a copy of March 2014 traffic study, are submitted by the applicant to CDOT (Brad Sheehan) oil May 9, 2014. June 6, 2014 — The applicant receives approved access permits on June 6. 2014. Access terms and conditions were reviewed. June/July 2014 — Mike Rocha (applicant traffic consultant) and Brad Sheehan (CDOT) correspondence regarding access terms and conditions revisions. clarifications, and receipt of CDOT final approved access permits. CWT date for final approval is July 25th. Approved access permit only requires the need for deceleration lane. July 16, 2014 — Plan sheets for Kipling Street improvements are submitted to Brad Sheehan (CDOT) on July 16th by email from Aaron Thompson (applicant's consultant). August 8, 2014 -- The City approves the civil construction plans for the project. August 22, 2014 — Brad Sheehan emails applicant (and copies City) stating the designs are acceptable for approval but requests a discussion on the acceleration lane. This is the first time the City learns of accel lane issue with CDOT. August/September, 2014 — The applicant's traffic consultants and Brad Sheehan correspond from August to September regarding design concerns/constraints associated with an acceleration lane. The City offers to talk to C: DOT this point, but the applicant wants to handle the conversations with CDOT. City reviews correspondence from CDOT and does not see any clear indication that accel lane was to be extended to the southern property line. September 12, 2014 — The applicant has a meeting scheduled with Brad Sheehan, but he is out of the office when they arrive. They meet with another CDOT representative. Kirk, Allen, who requests an amendment to the south curb return radius and requests a written memo outlining time correspondence between CDO]"'and the applicant. September 19, 2014 —,The subdivision plat and SIA are recorded. September 23, 2014 — The applicant provides a written timeline to CDOT requesting reconsideration of the acceleration lane requirement . The events above are included in the timeline that was provided to CDOT. The applicant indicates that several infori-national items describing access intent and anticipated improvements to the southern Kipling Street access were submitted to CDOT(through direct submittal or by way of City referral) via conversation., referral letters, traffic study reviews and revisions, access permit issuance, They state: N As brine y summarized in above events, the provision of the acceleration lane was never proposed or required Consequenty, any additional lane requirement presents a hardship to the protect as- the plat, site development plans, and improvement agreements have alreaqy been approved Moreover, site development construction, with the exception of Kipling, S'Ireet, is underway� October 10, 2014 — Brad Sheehan responds informally via email to the applicant regarding the timeline. Brad will not reconsider the accel lane: Alicia, Kirk ' /brivardedjwur e-mail to me while he is on vacation, he will not be back until next Tuesdqy, I reviewed and called 'for acceleration/deceleration lanes throughout ad Kiplingent to thisprqject and made the requirement in, a stateinewt during a jac meeting last march and in writing, which is being disputed, We can continue to dispute both whether I made it clear or that the lane is not ivarranted, which ive do not agree with, however, CDOT %4411 require the lane to be constructed. Another meeting and more discussions can put this project. further out and we are no closer to resolution, Please know I am not implying; (mother tneetincannot take place. ffyou C4117 consider, the engineer can begin the design now and I can release construction of the approvedplans from 38th Ave to the most southerly, access with allotice to Proceed ("NTII", , Further, we would exclude the acceleration lane ivhile the acceleration lane is, being designed I can release that portion as soon as approved, Please call me and we can discuss the efforts ,lbris that have brought its to this, point and cxny other questions, October 10, 2014 — Brad Sheehan provides comments to the City related to a different development application (3 81h and Wadsworth) indicating that lie will try to exact more improvements on Wadsworth than may be triggered than the proposed development if the City will back him up. The correspondence (copied below) appears to shed light on why they are also insisting on getting more right-of-way Kipling. Lauren, can I speak to your engineer reviewing the project:' Or can you.1britard this concern? As Ifodsworthgets busier the decel turn lane forsouth bound o-qffic at 35th is a vet~y good idea. CDOT standards have a d4 ficultry in that we don't put background traffic into the tnty to obtain turn lanes. we seem to be strictly determined based on the sites developed trips. In 111heatridge standards can we get this decel lane into ,35th from their most southerly access based on Wheatridge requirements, for, full adjacent street improvements.? All agencies I deal with do require that their standards to be met on state roads as well as their own. (..an If1heatridge require this lane? Please note they, are not showing its construction. We both will get this phone call_ for this lane. Believe me,l have.lbr many other similar sues and the local agency, very, often makes a project out of it, laxpqwrlcitymoney is pposed to developer completing their project am l, ioncj� t o going to make an attempt to get it but need your backing as well. [emithasis addedl October 21, 2014 — The City researches the CDOT access code and determines that the accel lane cannot be required based on the quantitative criteria including the speed of Kipling and the number of trips generated by the development. The applicant, their consultants, Mark, Westberg, and Brad Sheehan meet at CDOT offices to discuss the accel lane. 'rhe applicant and City describe safety concerns related to a substandard length of the acceleration lane. CDOTconveys, that they are relying on a catch-all clause in the access code that allows CDOT to require accel lanes based on the conditions of Kipling (not the site specific development). There are no adopted plans for widening Kipling, and Kipling is not included in the fiscally constrained regional transportation plan. Despite this, Brad reiterates in the meeting that it is CDOT's goal to get a third lane built on Kipling and their goal to -get the developer to pay for it instead of the taxpayers in the future." The applicant offers to dedicate right-of-way to CDOT for a future widening instead of build an accel lane, but there is no resolution at this meeting. November 3, 2014 -- Scott Brink and Steve Nguyen have a phone conversation with CWT Region I Director Tony DeVito and Deputy Director Paul Jesaitis to discuss the accel lane requirement. They do not change their position, and only offer three options: 1. Build the accel lane 2. Build the accel lane and build an accel lane on the neighboring property to the south to make it safer 3, Don't build an accel lane and prohibit right turns out of the property UNPLATTED Lon N v-w•717li I an.u• LOT 1 d MNEA T RIDGE DENTAL GROUP NEST MI oe/r �. 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CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO -------------- ----- ----- KIPLING STREET ------ I i------- S 00'12'38' E 176.63' 1 2.171 FCh54 I I�11 IIj l IIIz� E 0 0' •t. 0_ LOT 3 1 sl S I I � 24433 SF 0.56 AC $I /9 I2 I Ir 1 z m 3 3 Q B 70 14 :--L00W00-.L 190.23' 10 ul 2 1 � I 1 1 1 RI I 1 I 1 z j 30.00' g I Ib- LOT 2 I s� 27.420 SF 1 0.63 AC j gt 9 f I IS I ! C.I II A•3OV54' ® 1 R-150.00' z T2 1 II I L-7.94' yC I� I' CAB -528. 9; 3-E fel0.25.94' '41' CAL -7 I , c II / R.15000' 6 SII//i L-70.02' CNI.N137W45'11 5001 J'NCAL-69.38'- - S X ' E _ _- 12.00• _ i 129'46'36' I _ N 00-13'24' W_ 1 00.77'- —_ 7 R-150.00' 13277- L-77.95' - ChB-St5'D6'42'E ChL-77.08' I#I 24.00' III 11 35.00— I 1 1 I I I I I I I I I 1 3 1 I I z I � 1 I I� LOT 1 r� I 99.725 SF N 2.29 AC I N Iti I 1 1 II I 1 I I I I I I 1 1 II I I 1 I /.8073'00' 1 I 189R7'DO' R-1100' 1 R-1100' L-23.71' 1 aL-23.42'-CAB-N4570'IO`W N44'W2D'E ChL-21.31' 21.11' 3 N 0014'10' W 289.01' -H STREET oi` 34.54' 10 N 90woo, W 2137' 00' 2177 Q 2 9 — 300000' 6.87 3&8,r— b'00' E R=150.00' )WO! 7 -L=78.54' ChB-S15'00'00'E / e 107.421 SIF �/ Z47 AC Cl \ Cl r, I I j 1O I Iz lu NOTE KEYS 120.67 I Im Q BUILDING lu �' 215.33 o 9 Q 9- x 18' STANDARD PARKING STALL OSI^ I _ 0 STRIPED PEDESTRIAN CROSS WALK .. r Q LIGHT POLE (SEE SHEET 6 OF 8) 32.67' oQ I 1 1 I I I I I I I I I 1 3 1 I I z I � 1 I I� LOT 1 r� I 99.725 SF N 2.29 AC I N Iti I 1 1 II I 1 I I I I I I 1 1 II I I 1 I /.8073'00' 1 I 189R7'DO' R-1100' 1 R-1100' L-23.71' 1 aL-23.42'-CAB-N4570'IO`W N44'W2D'E ChL-21.31' 21.11' 3 N 0014'10' W 289.01' -H STREET oi` 34.54' 10 N 90woo, W 2137' 00' 2177 Q 2 9 — 300000' 6.87 3&8,r— b'00' E R=150.00' )WO! 7 -L=78.54' ChB-S15'00'00'E / ChL=77.65' �/ I 147.33' I 1 1 I I I I I I I I I 1 3 1 I I z I � 1 I I� LOT 1 r� I 99.725 SF N 2.29 AC I N Iti I 1 1 II I 1 I I I I I I 1 1 II I I 1 I /.8073'00' 1 I 189R7'DO' R-1100' 1 R-1100' L-23.71' 1 aL-23.42'-CAB-N4570'IO`W N44'W2D'E ChL-21.31' 21.11' 3 N 0014'10' W 289.01' -H STREET oi` 34.54' 10 — 34 W I I a3267 This 15 the area In' -lith -- CDOT Is requesting an accel lane 147.33' I I j 1O I Iz lu NOTE KEYS 120.67 I Im Q BUILDING lu !� 6- CURB AND GUTTER 215.33 o Q3 SIDEWALK Q 9- x 18' STANDARD PARKING STALL OS 9' x 18' HANDICAP PARKING STALL WITH POLE -MOUNTED SIGN I © 9' x 18' LOADING ZONE 0 STRIPED PEDESTRIAN CROSS WALK © HANDICAP ACCESSIBLE RAMP Q LIGHT POLE (SEE SHEET 6 OF 8) 32.67' I to LANDSCAPE AREA I 1t MONUMENT SIGN u CART CORRAL Lu, pu• t7 BIKE RACK I 21.91' ® STALL COUNT 1U— - -TO— 2.27 KLINE STREET ------------------------------------------- A------------ -_---------A m li I I 1 1 I I I I 1 III I 'I I I I 1 II �I I I I IGRAPHIC SCALE 30 0 15 30 ----- CINCH =30 FEET PROPOSED LEGEND ExisTi G EASEMENT — PROPERTY UNE --- - - - - - - - SITE PROPERTY LINE - - - - R.O.W. UNE — — SITE R.O.W. UNE - SIGHT TRIANGLE SECTION UNE — BACK OF CURB ----------- CONCRETE HATCH EDGE OF PAVEMENT / PAN- FLOWUNE----------- SIDEWALK ----------- SIDEWALK HATCH (� PAVEMENT MARKING C, - TRAFFIC SIGN - BOLLARD ... LIGHT POLE o MONUMENT SIGN m E Q. 0 9gg �6 a� S C o R.— FINAL SUBMITTAL Sr"4 MVG Marketplace Wheat Ridge, Colorado Date March 21. 2014 Job No C3-040 Drawn By CAW Checked By LAW Dra.N Tire OVERALL SITE PLAN Sheet 2 of 8 MND SM R❑CHA, LLC TRAFFIC AND TRANSPORTATION CONSULTANTS MEMORANDUM TO: Kirk Allen, Permits Unit Manager CDOT Region 1 FROM: Mike Rocha, Principal SM ROCHA, LLC H. McNeish, Director of Planning and Entitlements MVG Development DATE: September 23, 2014 SUBJECT: 38th Avenue / Kipling Street Development — Right Turn Acceleration Lane This memorandum is provided to further describe the sequence of events associated with the CDOT access permit application submittal for the proposed 38th Avenue and Kipling Street development as discussed during our September 12, 2014 meeting. As explained during our meeting, several information items describing access intent and anticipated improvements to the southern Kipling Street access were submitted to CDOT through either direct submittal or by way of City referral in forms of conversation, referral letters, traffic study reviews and revisions, access permit issuance. It is understood that this information would be presented to CDOT's Traffic Engineer in order to support the access permit as granted. Below is recollection to the sequence of events: Initial traffic study (dated January 2014) submitted to City for review and CDOT referral. This study discussed right turn deceleration/acceleration lane needs at site access pursuant to the Access Code. This study also discussed the Codes design provision to generally not require acceleration lanes for a NRB classified road, and discussed how a waiver of right turn deceleration lanes was being pursued because site frontage constraints and traffic analysis identification of no safety or operational problems for right turn movement. 1 2303 AIRPORT WAY, SUITE 200 BROOMFIELD, COLORADO B002 1 0:(303) 327-1 490 F:(303) 327-1 499 WWW.SMROCHA.COM Memorandum to Kirk Allen 381h Avenue / Kipling Street Development - Right Turn Acceleration Lane Page 2 2. February 21St email correspondence between Kirk Allen (KA) and Mike Rocha (MR) regarding preliminary request to not provide southbound right turn lanes on Kipling Street. KA replied to defer response until after submittal received from City and site plan review. 3. City provided copy of CDOT first review comment letter (dated March 3, 2014) where the applicant's wish for potential to waive southbound right turn lanes at each site access was acknowledged and denied. 4. Revised traffic study (dated March 2014) submitted to City for review and CDOT referral. This study included revised discussions of how right turn deceleration were now proposed at each site access. No right turn acceleration lane proposed. 5. Official access permit applications, with copy of March 2014 traffic study, submitted to CDOT (Brad Sheehan) on May 9, 2014. 6. MR received approved access permits on June 6, 2014, Access terms and conditions were reviewed. 7. MR and Brad Sheehan (BS) conducted correspondence, from June to August, for access terms and conditions revisions, clarifications, and receipt of CDOT final approved access permits. CDOT date for final approval is July 25"x. Approved access permit only requires the need for deceleration lane. 8. Excerpted plan sheets for Kipling Street improvements submitted to CDOT (BS) on July 16th by email from Aaron Thompson (AT). 9. BS issues email on August 15th to AT stating the designs are acceptable for approval but requested a discussion on the acceleration lane. 10. BS, AT and MR conducted correspondence, from August to September, regarding design concerns/constraints associated with an acceleration lane. This lead to the CDOT meeting on September 12th. 11. During the September 12th meeting, KA requested an amendment to the south curb return radius to a design greater than 15 feet. MVG will provide a revised design with a curb radius between 25-35 feet. As briefly summarized in above events, the provision of the acceleration lane was never proposed or required. Consequently, any additional lane requirement presents a hardship to the project as the plat, site development plans, and improvement agreements have already been approved. Moreover, site development construction, with the exception of Kipling Street, is underway. 13-09277 Lauren Mikulak From: Steve Nguyen Sent: Thursday, August 28, 2014 11:18 AM To: Lauren Mikulak Cc: Mark Westberg Subject: RE: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Hi All, Just to follow up on the matter. I've reviewed the State Highway Access Code with reference to turn lanes requirement for requested access point(s) on Kipling St and the findings are as follow: • Kipling Street is classified as NR -B (Non -rural class B) • NR- B does not require acceleration lane for vehicular access As a result, I am uncertain as to what basis CDOT is requiring for this development. I still want to hear from the MVG's consultant on their prior communications with CDOT and any discussion, agreements and actions up to this point. I am available to discuss further if you see the need to do so. 3.11 CATEGORY NR -B - Non -Rural Arterial Functional Characteristics and Category Assignment Criteria (1) This category is appropriate for use on non -rural highways that have the capacity for moderate travel speeds and relatively moderate to high traffic volumes over medium and short travel distances providing for intercity, intracity and intercommunity travel needs These routes are generally not of regional. state or national significance_ This category is typically assigned within developed portions of cities and towns where there is established roadside development making the assignment of a higher functional category unrealistic This category is also appropriate for short sections of regional highway passing through rural communities that may be located along route of regional, state and national significance where assignment to a higher category is unrealistic. While this category provides service to through traffic movements, it allows more direct access to occur. Access Granting Criteria including Category Related Access Location, Operation and Design Standards (2) When application is made, one access shall be granted to each parcel, if it does not create safety or operational problems. The access will provide, as a minimum, for right turns only. The access may have left turns in (314 movement) if the addition of left turns will improve operation at an adjacent full - movement intersection and meet appropriate design standards. unless significant operational or safety problems would occur Where it is shown that the location will be able to meet appropriate design criteria, full -movement access shall be granted at one-half mile spacing, or where a signal progression analysis indicates good progression of 30 percent efficiency or better. or does not degrade the existing signal progression Where the proposal includes a traffic signal, the applicant must establish that, a) there are no other reasonable site design, access or circulation alternatives eliminating the need for the signal, b) there is a public necessity for the intersection, and c) a traffic signal study and traffic analysis acceptable to the Department is completed. (3) Additional right -tum -only access shall be allowed where required auxiliary lanes can be provided. Additional right-tum-cmly access may be allowed when it would relieve an identified congestion condition on the local street or road system which cannot be improved, and the parcel size or trip generation potential requires additional access to maintain good highway traffic and land use design. To obtain the additional access the applicant must also show that the additional access would not knowingly cause a hardship to an adjacent property or interfere with the location. planning, and operation of the general street system. Auxiliary Lane Requirements (4) Auxiliary tum lanes shall be installed according to the criteria below. (a) A left tum lane with storage length plus taper is required for any access with a projected peak hour left ingress turning volume greater than 25 vph. If the posted speed is greater than 40 mph, a deceleration lane and taper is required for any access with a projected peak hour left ingress turning volume greater than 10 vph_ The taper length will be included within the deceleration length. (b) A right tum lane with storage length plus taper is required for any access with a projected peak hour right ingress turning volume greater than 50 vph. If the posted speed is greater than 40 mph, a right tum deceleration lane and taper is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length will be included within the deceleration length. State Highway Access Code. August 31. 1998 Page 43 of 62 fttwy ftLIMH End_ 00 JR99 PHYSICAL DESCRIPTION OF THE CATEGORY SEGMENT 3650 243-3451 243 487 125 NRA1 4 FROM JCT SH 34 43RD ST) TO 325 FEET NORTH OF RAILWAY ST IN ARAY 3850 24348 289 322 125 a FROM 325 FE T N TH OF RAILROAD gT W WRAY TO Yumm HILups c0 LIAf 3850 269 218 552 095 RA 4 FROM YUMA/PHILUPS CO UNE TO 575 FEET SOUTH OF MELISSA LK 8. 11 4 FROM 515 FEET SOUTH Of MELISSA W TO 5CHFUNEJ%_AW 87 IN HOLYOKE 3850 276 811 279 424 D95 NRB 4 FROM SCHEUNEMANN ST TO JCT SH 61DENVER STI IN HOLYOKE 279421 219.580 095 NRB a FROM JCT SH 6(DENVER ST TO RAILROAD ST IN HOLYOKE 3850 279.580 279 893 095 NRA 4 FROM RAILROAD ST TO JCT SH 23 IN HOLYOKE 3850 279893 290 896 095 RA 4 FROM JCT SH 231N HOLYOKE TO SEDGvACK COUNTY RD 2 AT PHILUPSISEDGWICK CO LINE 3950 385D 29DA%1 3D9 143 309.143 3109% 115 115 4 4 FROM WICK 2 A7 VHIWPSWOGWK CO UNE TO 1- 1NTERCH4Nr�E 1JULESBURG FROM 1.76 N(TERCHANGE JULESSURG TO SH 138 INTERC E (JULE38URG I. END SH 3850 385E 313,849 317.631 I t5 4 FROM JCT SH 138 TO COMITY RD 36.3 AT LAX EBRASKA STATE LINE. END SH 385E 38rM 0 000 1.240 071 R8 2 FROM NEW MEXICO -COLORADO STATE LINE TO 25% FEET SOUTH OF GAULT ST 1-240 2 186 071 N 8 2 FROM 2556 FEET SOUTH OF GAUL 1214 FEET SOUTH- COUNTY On 6.8 309A 2 186 12 803 071 R8 2 1 FROM 1214 FEET SOUTH OF COUIRY RO 6 8 TO JCT SH 160. ENO SH 389A 391A 0 000 0 965 059 Ex t FROM SH 285 INTERCH,AN KIPLING S ! O JCT SH 8 OLD MORRISON RD IN LAKEWOOD T995 r WMA 1 US 240 MN 1 I FROM CEDAR AVE6 INTERCHAWIFE (KIPUNG} 'IN-OUR—W-3-06 391A 5 240 6 268 059 NRA / FROM SH 6 INTERCHANGE IKtPLING STI TO JCT SH 40 (COLFAX AVE) IN LAKE1k0W 391A 6.268 7 D59 NRA 1 FROO77SH 4 (GOLF AVE) TO 32NO AVE IN WHEAT RIDGE 391A 7869 9.641 059 NRB 1 FROM MW AVE TO 1-70 WTERCHANGE (KIPLING STI W WHEAT RIDGE END SH 391A 392A 95 100 000 089 NRA 4 FROM SH 287 4REDMOND) TO 1-25 INTERCHANGE 392A 100.000 104211 D69 NRA 4 TROM 1- WTERCHNICE SOR I TO 9TH 3 T RE E T IN MNDSOR 392A 104271 1044S6 123 NRC 4 FROM 9TH S TREE TO JCT SH 25711TH ST AND MAIN ST IN WINDSOR ENO OF SH 392A 3928 105439 105.801 123 NRA 4 1 FROM JCT SH 257 (MAN ST) TO GW RAILROAD CROSSING 871-9236 IN WINDSOR 3926 105301 1 i5 400 _r1rM 123 RA s 1 FROM GW RAILROAD CROSSWG 871.9236 TO JCT SH 85 (LUCERNE) 328 115 000 123 NRA 4 FROM JCT SH 85 4L ! TO COUNTY RD 3 .9 3926 115 456 115.583 123 NRB 4FROM COUNTY RD 37 9 TO COUNTY RD W 3928 115. 1 1 4 FROM RD 39 TO JCT COUNTY W56 A4ipROX. 20 MILES EAST OF WINDSOR 28 741 123 RA 4 JET TY S5 T T SH 14 IN BRIGGSOAL 3WA 0.1 1 ] JC SH 40 (LOUT WAYI JC H (4TH S W MMG 394A 1011 081 NRB 3 FROM JCT SH 40 44TH ST) IN CRAIG TO YAMPA RIVER STR B O6 -v 39aA 1300D 081 RA Y A IV 3 B -06-V T ATTR L D SH 391A 402A 1 300 069 NRA 1 FROM JCT SH 287 (KINGS CORNER) TO 1585 FEET EAST OF COUNTY RD I IR 40ZA 3.000 069 RA 4 FROM 15M FEET EAST OF COUNTY RD I IH TO 1250 FEET WEST OF HERON RD 402A1.306 069 NRA 4 FROM 1250 WEST OF HERON RD TO 1-25 INTERCHANGE (LO D), END SH 402A 470A 0000 15 059 FW t —FROM1-70 IINTERCHANGE TO EFFERSOWIRAPAHpE CO LINE 470A 15 848 16 562 DOS FW 1 FROM JEFFERSOWARAPAHOE CO LINE TO ARAPAHOEJOOUGLAS CO LIME 470A 16,5621 26 196 035 FYv 1 FROM ARAPAHOEJDOUGLAS OO LINE TO 1.25 INTERCHANGE. END SH 4TOA 0000 1212 059 FW 1 FROM I -M NORTHERLY TO SH 6 W N, W SH 470W 491A 000001 6422 083 RA 5 FROM NEW MEXICOCOLORADO STATE LINE TO JCT SH 160. END SH 491A 1 1 4 063 N 5 R SH t MAW a t IN t 4 1 191 721 27116 1 D83 N 083 NRA 5 5 FROM JCT 491 R TO RDW OR FROM LEBANON RD 0903 NORTH OF LEBANON RD 4918 —Mr800D 27 387 28 000 083 NRA 5 FROM 903 FEET NORTH OF LEBANON RD TO 1922 FEET SOUTH OF COUNTY RD L NRA 5 FR 1021FET SOUTH OF COLINTY RD L TO 2W9 FEE, NORTH Of COUNITYROA 4918 30000 36 601 083 EX 5 FROM 2809 FEET NORTH OF COUNTY RD M TO JCT SH 184 (TO DOLORES) 1918 36801 19.615 083 Ex 5 FROM JCT SH 1841TO DOLORESI TO MONTEZUMA CO RD FF & DOLORES CO FbD T AT MONTEZUMA/OOLORES CO LINE 4911 49845 58.832 033 EX 5 FROM MONTEZUMA RD FF 8 DOLORES RD T AT SORES Cp IN TO 1400 FT NCRTH OF 10 ROAD 4918 1918 18,132 81000 61 000 W 000 1133 NRA 033 NRB 5 5 FROM 1400 FT NORTH OF 10 ROAD TO 359 FT NORTH OF DovE CRK STR M -01•C FROM 359 FEET NORTH OF DOVE CR£EX STR W IC TO 760 FEET NORTH OF WEBER ST rGbtAITY Rn 71 IN rrnrc rc1r Steve Nguyen, P.E. Engineering Manager Office Phone: 303-235-2862 City of _ Wheat i e PUBLIC WORKS From: Lauren Mikulak Sent: Thursday, August 28, 2014 7:14 AM To: Steve Nguyen Cc: Mark Westberg Subject: RE: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE So I've been thinking about this all night and nothing in the March letter indicated to me that they couldn't support the access and lanes as shown. He referred (past tense) to the applicants wanting to waive south bound turn lanes and says CDOT wouldn't support a waiver. I read this as background information referring presumably to a previous meeting between him and the applicants since that happens routinely. Also, since they are providing for over 450' of turn lane on Kipling it appeared to me this must be fulfilling his statement requiring turn lanes. Granted I don't "speak CDOT," but the March letter never said "the turn lanes needed to be extended," or "I can't approve the drawings as shown." Furthermore, he provided a letter dated last Friday that says "the designs are acceptable for approval." H (with MVG) responded that he has been traveling but will be in touch likely today. I'm not sure what else I should be doing, what our position is, or if we need to/who can talk to CDOT/Brad. This is a big deal in terms of cost, site constraints, and the fact that this is coming up six months later (after drainage and construction drawings are well underway if not approved). You'll see in the attached plan that this area is being used to chase grade (sheet 3). Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 L ity of W heat c� Cig �MI1NITY DI V1I-0P41I N I From: Lauren Mikulak Sent: Wednesday, August 27, 2014 3:36 PM To: Steve Nguyen Subject: FW: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Steve, Do you know anything about this or who Aaron is? I was copied on this email last week, but this plat has been approved. I also got another email from Brad this afternoon that I'll forward in a minute. Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 City of /Wheat 1Ce )•iMUNIIN' hFV1ll)1-MIN1 From: Sheehan - CDOT, Bradley[mailtomailto•bradl�sheehangstate.co.us] Sent: Friday, August 22, 2014 2:26 PM To: Lauren Mikulak; Aaron Thompson; Kirk Allen - CDOT Subject: RE: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Aaron. please find our continents attached for the above noted project. COLORADO AWL Department of Transportation Brad Sheehan P.E. Lauren Mikulak From: H McNeish <hmcneish@mvgdev.com> Sent: Wednesday, August 27, 2014 8:36 PM To: Lauren Mikulak Subject: Re: Kipling ROW Lauren - I am traveling but will try to get this sorted out on Thursday. Thanks for your help. H H McNeish MVG I Development O 303.573.6500 x. 5123 M 303.748.9923 On Aug 27, 2014, at 5:01 PM, "Lauren Mikulak" <Imikulak@ci.wheatridge.co.us> wrote: Sorry for the play by play. I was just copied on another email from CDOT with an approval sent to Aaron Thompson with Aperio. Is he working on the access permits for you? It shows that the designs are approvable, but the access in front of Sprouts still needs to be discussed. We'll contact CDOT, but I'm wondering what (if any) contact you have had with them. Thanks, Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 <image001.jpg> From: Lauren Mikulak Sent: Wednesday, August 27, 2014 3:52 PM To: 'H McNeish' Subject: Kipling ROW H, I recently got an email from CDOT with questions about the accel/decel lanes on Kipling. They are referring to their first referral comments (attached) regarding the south bound turning lanes. Did your team contact CDOT to discuss their comments and access permits back in March? We're trying to figure out why this is coming up now and whether or not this was resolved. Thanks, Lauren E. Mikulak, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2845 Fax: 303-234-2845 www.ci.wheatridoe.co.us <image001.jpg> CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. <wheatridge MVG marketplace.docx> Lauren Mikulak From: Sheehan - CDOT, Bradley <bradley.sheehan@state.co.us> Sent: Friday, October 10, 2014 12:35 PM To: arhymer@mvgdev.com Subject: 38th & Kipling - CDOT Memo and Contact Information Alicia, Kirk forwarded your e-mail to me while he is on vacation, he will not be back until next Tuesday. I reviewed and called for acceleration/deceleration lanes throughout Kipling adjacent to this project and made the requirement in a statement during a meeting last march and in writing, which is being disputed. We can continue to dispute both whether I made it clear or that the lane is not warranted, which we do not agree with, however, CDOT will require the lane to be constructed. Another meeting and more discussions can put this project further out and we are no closer to resolution. Please know I am not implying another meeting cannot take place. If you can consider, the engineer can begin the design now and I can release construction of the approved plans from 38th Ave to the most southerly access with a Notice to Proceed ("NTP"). Further, we would exclude the acceleration lane while the acceleration lane is being designed. I can release that portion as soon as approved. Please call me and we can discuss the efforts that have brought us to this point and any other questions. Brad Sheehan Kirk, As a follow up to my voice mail message today, I am taking over this project from H McNeish for MVG Development. We have reached a critical point in the construction of the Sprouts pad where we need to start the off-site work. We are at a standstill until we can resolve this right turn acceleration lane issue. Furthermore, the further we push into winter the more problematic completing this work becomes. I would like to get a call or meeting set up between all parties to bring this issue to resolution. If you could let me know when your schedule permits for a meeting or call, it would be very much appreciated. Thanks! Alicia Rhymer Development Director MVG I Development 1509 York Street, 3"d Floor Denver, CO 80206 Mobile (720) 273-9841 Office (303) 339-5178 Brad Sheehan P.E. Colorado Department of Transportation Access Engineer Region 1 2000 So. Holly Street Denver Colorado 80222 303-512-4271 Lauren Mikulak From: Lauren Mikulak Sent: Thursday, August 28, 2014 7:14 AM To: Steve Nguyen Cc: Mark Westberg Subject: RE. MS -14-01 AND WSP-14-01 MV G MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Attachments: Sprouts 38th & Kipling Final Site Plan-062014,pdf H (with MVG) responded that he has been traveling but will be in touch likely today. I'm not sure what else I should be doing, what our position is, or if we need to/who can talk to CDOT/Brad. This is a big deal in terms of cost, site constraints, and the fact that this is coming up six months later (after drainage and construction drawings are well underway if not approved), You'll see in the attached plan that this area is being used to chase grade (sheet 3). Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 City of heat, clicyc' From: Lauren Mikulak Sent: Wednesday, August 27, 2014 3:36 PM To: Steve Nguyen Subject: FW: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE EM rgsll♦ =g0lir-Jam Mill mail Lauren E. Mikulak, AICP Senior Planner Fax: 303-234-2845 CAN, apt C h6zat A -Z N From: Sheehan - CDOT, Bradley [mailt de g-,brIig . h ehan& tat c us] _ Sent: Friday, August 22, 2014 2:26 PM To: Lauren Mikulak; Aaron Thompson; Kirk Allen - CDOT Subject: RE: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38TH AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Aaron, please find our comments attached for the above noted project. COLORADO Mpartment of Transportation Brad Sheehan P.E. Colorado Department of Transportation Access Engineer Region 1 2000 So. Holly Street Denver Colorado 80222 303-512-4271 Region I Access/Utilities Permits Roadside Advertising 2000 South Holly Street Denver, Colorado 80222 303-5124272 FAX 303-757-9886 August 22, 2014 Aperio Property Consultants LLC Attn: Aaron Thompson 18006 East Grand Ave. Aurora, Co. 80015 Dear Aaron: RE: MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38r" AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Thank you for referring the plans for our review. CDOT has the following comilients: I . The designs are acceptable fof-'�pproval; however, the decision to remove the acceleration lane in front of the Sprouts Market needs to be-digenssed, 2. Please include the access permit numbers on all plan sheets at the permitted location, 3. A pavement design will be required for the added turn lane along Kipling Street. 4. To obtain permission to construct utilities or landscaping within state highway right-of-way, a Utility/Special Use Permit is required. Please visit our website at littp*//w",Av,dotAtat—e.q-o,,u-s,-/U-t-ilrp� -ityl�I rini[Pro�Lessxfni, or obtain the application through this office, -- _ _ Design iCertificati©n I . Once the Colorado Department of Transportation (CDOT, the Department) has accepted the above noted project construction plans. A "Notice to Proceed" request from the engineer is required before beginning the access construction. A written request noting the engineer in responsible charge of the project, for the specific Access Permit(s) along with a copy of the Permits) must be submitted. In addition, two sets of the accepted construction plans (Half-size plans, I I" 17") signed and sealed by a Colorado registered Professional Engineer. CDOT will require the permittee to retain a Professional Engineer (PE) to be in Responsible Charge of Construction Observation. The PE's responsibilities include, but are not limited to: I. The PE in Responsible Charge of Construction Observation shall evaluate compliance with plans and specifications with regard to the roadway improvements within the State Highway Right of Way only. The PE's responsibilities shall be as defined in Section 5 of the BYLAWS AND RULES OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS and the relevant sections of the latest CDOT Standard Specifications for Road and Bridge Construction. The PE shall carefully monitor the contractor's compliance on all aspects of construction including CC RE File (SH 391) Page I of 2 Construction Zone Traffic Control. 2. Engineering Certification: After inspection and before final acceptance, the PE shall certif to CQQT,in writing that all inspections, materials, materials testing, and construction methods conform to the plans, specifications and purpose of the design, The PE shall be experienced and competent in road and bridge construction management, and inspection and materials testing. Certification is defined as a statement that includes all of the following: a. Is signed and/or sealed by a PE representing that the engineering services addressed therein have been perforilied by the PE, or under the Professional Engineer In Responsible Charge; b. Is based upon the PE's knowledge, inforrilation, and belief-, and c. Is in accordance with applicable standards of practice. d. CDOT is requesting a written confirmation from the Permittee that this requirement is met. Engineering Certification: After inspection and before final acceptance, the PE shall certify to CDOT. in Adtin g that all inspections, materials, materials testing, and construction methods conform to the plans, specifications and purpose of the design Certification is defined as a statement that includes all of the following: My signature below confirms the following statements: • 1 am the Colorado Registered Engineer of Record for the permit(s) referenced above, • All items required by this permit have been addressed. I understand that this letter will be incorporated into the Notice to Proceed as an Exhibit, and is therefore binding oil the Permittee, • To the best of my knowledge and belief, I affirm that the associated construction is in substantial compliance with applicable design standards and specifications. If you have any questions, please contact me at 303-521-4271. Sincerely, Bradley T. Sheehan P.E. Access Engineer CC RJ: File (SH 391) Page 2 of 2 Lauren Mikulak From: Sheehan - COT, Bradley <bradley.sheehan@state.co.us> Sent: Wednesday, August 27, 2014 2:54 PM To: Lauren Mikulak Subject: 38th Ave/Kipling Street Marketplace turn lanes Attachments: 017214.doc Lauren, could you assist me in talking to the engineer that reviewed the project for Wheatridge I want to see if Wheatridge had discussed the removal of the right turn lane (acceleration lane) for the grocery store or that you wanted to see it installed. (please see attached letter) I told them to construct all right turn lanes and somehow that didn't seem to apply, in their opinion, to the accell lane for the grocery store. I was hoping you also were calling for it and we were united on this. They need to provide this lane and I want to be sure there was an understanding since March 3rd when I first reviewed it. :COLORADO � Depaitinent of Transportation Pe,� I Brad Sheehan P.E. Colorado Department of Transportation? Access Engineer Region 1 2000 So. Holly Street Denver Colorado 80222 303-512-4271 MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING N0, 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO /41 I'M s,`0r � K L I N E STREET d 1418 trill t, V" m6 E o a! SYMBM t.EGENG m di e O0 > Qf avrwFwrK,a� ,+,r�wrrur nru - O Q® OECd 0 5 waves owagatmuart L� sco MVG wrtnwocaenwE�newuex� Marketplace Siff,— wheat Ridge. Cd xeft eeaw rwm,wnc wrx - ,>•a.aar to �>r LOT 4 LANDSCAPE PLAN Sheet 4 of 8 MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO \ \._ aau Pail m. . 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Access/Utilities Permits Roadside Advertising, ra# 2000 south Holly Street Denver, Colorado 80222 303-512-4272 FAX 303-737-+886 March 3.1 2014 City Of Wheat Ridge Lauren Mikulak 7500 West 29"' Avenue Wheat Ridge, Colorado 80033 Dear Lauren: RE:MS-14-01 AND WSP-14-01 MVC; MARKETPLACE SW QUADRANT OF WHEAT 38Ttt AVENUI AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Thank you for referring the proposal for our review. The development proposal shows requests for a full movement and a three quarter access with 2 access closures. We Have no abjection to the full movement access request at the southern portion of'the site. The turn lane for the access for North bound traffic is constructed. DOT will require the most northerly three quarter access request to be restricted to a right in right out due to its proximity to the West 38t°' Avenue left turn lane. The applicant wished to discuss the potential for waiving south bound right turn lanes. It is apparent that the two accesses will require the turn lanes according to standards noted in the access code. CDOT would not support the request. Please note that to obtain permission to construct, modi fly or close a vehicular access, where such work will be within state highway right-of-way, a state highway Access Permit is required. Please visit our website at htt :11vww.coloradodat.inf/fibra iformscdat0137. fiview or obtain the application through this office. In addition, to obtain permission to construct utilities or landscaping within state highw=ay right-of-way, a Utility/Special Use Pert-nit is required. Please visit our website at ttda Jr yw v.dot state.co.usllltilitvPro Trip?/ rocess�cfrtt, or obtain the application through this office. If you have any questions, please contact me at 303-521-427 1. Sincerely, Bradley T. Sheehan P.E. Access Engineer CC RI: File (SH 391) Pa<e l of l AIL Lauren Mikulak From: H McNeish <hmcneish@my dev.com> Sent. Friday, September 19, 20141.31 P To: Lauren Mikulak Subject: RF: Kipling Ridge update From: Lauren Mikulak [ailtoelikulak ci.wheatrid e.co.us Seat: September 19, 201411:39 AM To: Jon Rankin; H McNeish Cc; Carolyn Powell; Jerri L. Jenkins {''enkis foster raham.com}; Art Belz; Nick Ktaeff, Patrick Goff; Kenneth Johnstone; Scott Brink; Steve Art; Dave Brossrnan Subject.. Kipling Ridge Update • Lauren E. Mikulak, AICA' Senior Planner 7500 W. 29th Avenue Wheat Midge, Colorado 80033 Office Phone: 303-235-2345 Fax.: 303-234.2845 www.ci.wheatridoe.co.us C ly ctf lie, a 11 t 41 -1, " CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information, it is intended only for the use of the individual or entity named above, If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. 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MENUE 'sE su Pc neJ "E ZmIL2M -- _-' --B R SRA '0.50' . n 1RACr A (Act) SR Mort ) LOT 4 r.zls' I 1 nzer 16J] tsTR) MJ].It'(Y) N I I R -I305 = a_oa6'Jz' YC�rtS A RMU rtS Ra4RM1 / l01 lrREs t 'SCFMAs]s's6V 267 g��I a:,.>r I I ���pTT3 � •S1 I ICIIOD 6r r epl l l .RIB LOT 2 FWrtm AC 20 c- xt I aAD I �1 Imq ! >BM Al S66J) Sr. 1 aU AC tNM U. 1 11 r r-r!R I I FI) _____ __ --Mff St �rur n x Rot lR 6002 mMar r. YM AM; 16. NAA RG J)6 LOT IHID.Ccr I. Reoe-1 K l) O X zU ( t) U U U `LE- 'r P LS CT C E L CIRCLE K SDB. ELS 17 2%. SM o DD OM OCH RUM HO. I '; ' / • N V / P.aa A PARCEL SITUATE IN THE NE 1/4, SECTION 28, 0C1NL " TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., P.O.C. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, K W! li STATE OF COLORADO : LOT 2 DETAIL1' SHEET 3 OF 3 Max. eor v.oe. 381NhKIPlING sole r - ID TO BE PLATTED rr PARK SUB !.T% AREA � r LEfiND C K �+J I TRACT AM(ROW) () -IS MEAS-eAOYAIIav (C) 6ARUR5 UCCUTARD KDRYAiId SUR a61 AC r)let Sf. m - W yg -X.-- ELLER SUB mm. -c HOUIES wc,- / o-" CORNCF MORRKMI AS DISOWN!) DI � LOT 4 1 16J] tsTR) MJ].It'(Y) Sn'J IOTU10 YC�rtS A RMU rtS Ra4RM1 / l01 lrREs I 267 n.O JCd. 111 t " Md lBor ' I I AW,YJ6-Ira& 24. �I A @ I �1 I � 1 sos,rr6-r �j LEfiND C K (R) -AM M(X0 1KOCY.nd _41V- •_ 5 89'14 u W 283.10' () -IS MEAS-eAOYAIIav (C) 6ARUR5 UCCUTARD KDRYAiId SUR _ LOT I -A m - ( -X.-- ELLER SUB mm. -c HOUIES wc,- / o-" CORNCF MORRKMI AS DISOWN!) 1 _ - �SesR0I1•IY 1 16J] tsTR) MJ].It'(Y) q ry YC�rtS A RMU rtS Ra4RM1 / l01 lrREs Rc M -MS fASMNI IM n.O JCd. 111 t " Md lBor ' I I I STORM SEWER UNE TABLE I Is�.Au A 6-z" re-seJyvw-w } � 1 o-xwJa• 1 Jrs' cYIl7RlDf'91r/T dI q-rDw' 1 D:mw'so• LOr f n i C-186YYls'M C-se6' , 1 sos,rr6-r �j LEfiND C K (R) -AM M(X0 1KOCY.nd dII () -IS MEAS-eAOYAIIav (C) 6ARUR5 UCCUTARD KDRYAiId SUR AMS - I-"Olt-o-YMY 111 1 I I. I In Alal� 4 I,� ( -lap o Y HOUIES wc,- / o-" CORNCF MORRKMI AS DISOWN!) N Std. r• - SO' bo • orfs l01,%0 -1 AS .MS Sftrgl AM WMR& q ry YC�rtS A RMU rtS Ra4RM1 / l01 lrREs -MS fASMNI IM Is�.Au A 6-z" re-seJyvw-w } � 1 o-xwJa• 1 Jrs' cYIl7RlDf'91r/T dI q-rDw' 1 D:mw'so• LOr f n i C-186YYls'M C-se6' , DETAIL SEAL( r• - Ip' 1 I I I III ll �uvs'SO'w I J.01' DETAIL 'C' Scar 1• - D' NOTES nA5 -1 00ES -1 mrsn M A nnE sEAA'd BT CS•A - A DEIOW( Or4Rsi o EASdB/n OF WO0r6). 1OR Alt AroaYAnd RECMDwc UROd2 leldrs-o-WAX AM nRf o RE0610. CS•A HO Auto tWOR OOWIIKNT MO AeJ)all.Mre er Wo nnf aIARNIn! cDIrM1. f/Tfcnw wR OCraBEII r, MIJ S:w Pla, AB/M.HI6tt BT IMO nU OIIR-- -Y. EHECRM: wM A64E N, M3 AT s'w P.M. ABJM.Nn66 BY L -o nRE OJmmME D01-ANX. U] wT MDrneEn Ir, Mrs Ar tw V.Y. ARD M5-bs.lw-oo BY fMKI AY(rt•,w ITU PrR.lAKi Cp1,pANr - YLS E]RCnM: DAIS -1 6, MM t. wmr - ACamwEG rO =cRADo Uw c0U -sr cc w MY aF Acrd p M n "SUo"ri ppicr "r �r cY�r -Ig�AC- a I.V p ovCcr " MS srl(T B[ OO.OAiD YaC IRM Lri..ns rROI mr w rt IS, w cwrcrr,ArlDv vrD6N KREd. 1 BAIDS OF KAAwtls rs BASEfl L W CAST I.r.( o n M WAST WAAMR OF SAo SCCnd to AS srDI1N IN M Ory OF "(Al R!¢ cONm(AaAafAY r d SCARS Sw,SJet BUF IIiOrAALM1[D AT W 0002nEA.S1 cawpl AAD M lDUIM6fSI CO•Q o n! RaI 1 WMMIr o SCCIrd M T)S. R.6BW. o w- PM.. AS S- d KRtnt 6, PER -MA00 Af S SIANMS sc M-5r-r01(L). NL IKM wrs awcrtD d n6s tAra suntr rut AK ux aArrr 1rtr. d! YC2R Cavus .rls) aw5m Br rt us sHlFr rtEr Accwmn6 m nc runa+u Brtnrurt tr xrAAlAos Aw Mw+aocr. IS. MIC Q60EIIC PDHT c0o0HA! DATA B- KTor RAS Brd DOOMED r w BAD 0.r - S'Aw HMc CO6lADD RnlRel rss 6502 000000dAM Snort AAD BAS A ROrMrTu A=lt- OA59YIC - a D6) ui 5l MI AT rK BSB CWID(KC ltr[L AT OffNED M n! QCSMnN P091gre ACOFACY SIARDAADS o M IS[RAL QmCllc MTAR srCUYTIR (f49C-Sry-w].t-rBM). s. NL OS1AR6E fav rK ATTAo P l AK S1grr/ u9Nc (OroAA)) Ywrlm STATE HAr,C MEASR 75. W al ' Ott DA- t'oMDWIAM MIFII I]YD is A Qa,MD-5A5(D BOOIm TObr a Mr N 192 sum &LMC COMOrAM -IM COORA00 r `BABA MK cS,M rUrrlrCN wroE RMm AlpecAr fEIrIKAI IA- o roes ZI.-1 GDIBo TD am colB,m SCALL f"trot . Dew1.]eDz! scu0__ __ eAs! POIIr RUC r (POMrAKNI MOI AC `ACY m `­r5r) ""' n! r OWIC RAOBS/s2 SIAM PIAK COLlONAICF HIAc,: YOIR IIM1sl1x EAsdc anenl.sB ruvAm. s.n.6t B USOLMrs AIM-1---l-o" ,,.Al n[sE EA m ARE PEO6AM0 fa LIE -TAIlAnd. -m-w& MO R6UCOIpr 6r ELccmc CAS M{FMSOM C . dANA2 AIO MEC01MMUIlOIS !&011!5 U unts S.- ALfD K cmrsllFD rn.1 AYr AOTL.SS XWES A`rs AIO HeVAM Srr£rs " nE St1OMSOr AWISAW I WTY1 S AMD WAlpl KTCRS DINE IqT BF P[wrrm Intl sAr ulutr EASE6lNrs Aro YAHMNAMS a HAWK S -. Br r�w � rtcaolW^r nsRM ma..Do arnrN �ArnR - I.wRw .m -.c. AorloA: An-wo eo rm apra, *eNQ v rte) Mw --.AAA N.n lax vM.m n'"O"nY a n� ter (-•Ac M ael m]MArt foe A ]nqA• - OTr pRY) n/. n/0 CASE HISTORY Errs -a Is-u-ar z5ra-u 1 sos,rr6-r �j 1 11 l 1 II W 111 1 I I. I In Alal� 4 I,� w o l'yy� i o �iQIB 1 I It yQ1 DETAIL SEAL( r• - Ip' 1 I I I III ll �uvs'SO'w I J.01' DETAIL 'C' Scar 1• - D' NOTES nA5 -1 00ES -1 mrsn M A nnE sEAA'd BT CS•A - A DEIOW( Or4Rsi o EASdB/n OF WO0r6). 1OR Alt AroaYAnd RECMDwc UROd2 leldrs-o-WAX AM nRf o RE0610. CS•A HO Auto tWOR OOWIIKNT MO AeJ)all.Mre er Wo nnf aIARNIn! cDIrM1. f/Tfcnw wR OCraBEII r, MIJ S:w Pla, AB/M.HI6tt BT IMO nU OIIR-- -Y. EHECRM: wM A64E N, M3 AT s'w P.M. ABJM.Nn66 BY L -o nRE OJmmME D01-ANX. U] wT MDrneEn Ir, Mrs Ar tw V.Y. ARD M5-bs.lw-oo BY fMKI AY(rt•,w ITU PrR.lAKi Cp1,pANr - YLS E]RCnM: DAIS -1 6, MM t. wmr - ACamwEG rO =cRADo Uw c0U -sr cc w MY aF Acrd p M n "SUo"ri ppicr "r �r cY�r -Ig�AC- a I.V p ovCcr " MS srl(T B[ OO.OAiD YaC IRM Lri..ns rROI mr w rt IS, w cwrcrr,ArlDv vrD6N KREd. 1 BAIDS OF KAAwtls rs BASEfl L W CAST I.r.( o n M WAST WAAMR OF SAo SCCnd to AS srDI1N IN M Ory OF "(Al R!¢ cONm(AaAafAY r d SCARS Sw,SJet BUF IIiOrAALM1[D AT W 0002nEA.S1 cawpl AAD M lDUIM6fSI CO•Q o n! RaI 1 WMMIr o SCCIrd M T)S. R.6BW. o w- PM.. AS S- d KRtnt 6, PER -MA00 Af S SIANMS sc M-5r-r01(L). NL IKM wrs awcrtD d n6s tAra suntr rut AK ux aArrr 1rtr. d! YC2R Cavus .rls) aw5m Br rt us sHlFr rtEr Accwmn6 m nc runa+u Brtnrurt tr xrAAlAos Aw Mw+aocr. IS. MIC Q60EIIC PDHT c0o0HA! DATA B- KTor RAS Brd DOOMED r w BAD 0.r - S'Aw HMc CO6lADD RnlRel rss 6502 000000dAM Snort AAD BAS A ROrMrTu A=lt- OA59YIC - a D6) ui 5l MI AT rK BSB CWID(KC ltr[L AT OffNED M n! QCSMnN P091gre ACOFACY SIARDAADS o M IS[RAL QmCllc MTAR srCUYTIR (f49C-Sry-w].t-rBM). s. NL OS1AR6E fav rK ATTAo P l AK S1grr/ u9Nc (OroAA)) Ywrlm STATE HAr,C MEASR 75. W al ' Ott DA- t'oMDWIAM MIFII I]YD is A Qa,MD-5A5(D BOOIm TObr a Mr N 192 sum &LMC COMOrAM -IM COORA00 r `BABA MK cS,M rUrrlrCN wroE RMm AlpecAr fEIrIKAI IA- o roes ZI.-1 GDIBo TD am colB,m SCALL f"trot . Dew1.]eDz! scu0__ __ eAs! POIIr RUC r (POMrAKNI MOI AC `ACY m `­r5r) ""' n! r OWIC RAOBS/s2 SIAM PIAK COLlONAICF HIAc,: YOIR IIM1sl1x EAsdc anenl.sB ruvAm. s.n.6t B USOLMrs AIM-1---l-o" ,,.Al n[sE EA m ARE PEO6AM0 fa LIE -TAIlAnd. -m-w& MO R6UCOIpr 6r ELccmc CAS M{FMSOM C . dANA2 AIO MEC01MMUIlOIS !&011!5 U unts S.- ALfD K cmrsllFD rn.1 AYr AOTL.SS XWES A`rs AIO HeVAM Srr£rs " nE St1OMSOr AWISAW I WTY1 S AMD WAlpl KTCRS DINE IqT BF P[wrrm Intl sAr ulutr EASE6lNrs Aro YAHMNAMS a HAWK S -. Br r�w � rtcaolW^r nsRM ma..Do arnrN �ArnR - I.wRw .m -.c. AorloA: An-wo eo rm apra, *eNQ v rte) Mw --.AAA N.n lax vM.m n'"O"nY a n� ter (-•Ac M ael m]MArt foe A ]nqA• - OTr pRY) n/. n/0 CASE HISTORY Errs -a Is-u-ar z5ra-u City of 7500 West 29th Avenin h,6 at 2d �gc Wheat Ridge, Colorado 80033 Ph 303.235.2848 Fax 303.235.2857 Approval of Site Plan The MVG Marketplace Site Plan for the proposed development of Sprouts Farmers market o property at 3725 Kipling Street and public improvements at 3795 Kipling, 10040 W. 38`x' Avenue, and 1 100 W. 38`x' Avenue (Case No. WSP-14-01 / 381h and Kipling) is hereby approved for the following reason. 1. The Site Plan complies with zoning regulations in Chapter 26 of the Wheat Ridge Code of Laws. 2. The site and architectural designs are in substantial compliance with the applicable standards of the Architectural and Site Design Manual. 3. The streetscape designs are in substantial compliance with the applicable standards of the Streeiscal,w Design Manual. - a --1— 5 i -- �I Date Community Uevelojment Director LEGAL DESCRIPTION: LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NUMBER Zd 1 g C i `3 0 (o SAID PARCEL OF LAND CONTAINS A TOTAL OF 258,999 SQ, FT OR 5.95 ACRES, MORE OR LESS. BEARINGS ARE BASED UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM, WHICH BEARS S 00012'38" E BEING MONUMENTED AT THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, T. 3 S., R. 69 W. OF THE 6TH P.M. r CITY OF WHEAT RIDGE VERTICAL CONTROL MONUMENT BEING THE NORTHEAST CORNER OF SECTION 28, T. 3 S., R. 69 W. ELEV = 5396.45 (NAVD 88). SITE LA LOTS 1 0 4, MVG MARKETPLACE SUBDIVISION FILING . 1 LOCATED IN THE NORTHEAST QUARTER OF SECTIO! 23, TOWNSHIP 3 SOUTH, FLANGE 69 WEST OF THE 6th P.M. CIT` OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SITE ACREAGE: EXISTING ZONING: PROPOSED LAND USE: 1'° = 1,000' 5.95 AC. (258,999 SF) C-1 COMMERCIAL THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED IN ACCORDANCE WITH THE RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF THIS SITE PLAN 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 WHEAT RIDGE CODE OF LAWS. MILLENNIUM VENTURE GROUP, INC. A DELAWARE CORPORATION CAROLYN S5POWELL VICE PRESIDENT STATE OF COLORADO ) SS COUNTY OF JEFFEF S&I'+) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS � DAY A.D.2014 BY AMY P. WEiSBROD c _ NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL. rATa I COLORADO440093 �� t ',NOTARY s� 1ss4400es56 MY COMMISSION EXPIRES: ;a�n�Isslcr EXEIREs UNE 1, NOT/aJYPUBLIC I, HAROLD J. PONSERELLA, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY FOR THE MVG MARKETPLACE SITE PLAN WAS MADE UNDER MY SUPERVISION AND THE ACCOMPANYING PLAN ACCURATELY AND PROPERLY SHOWS SAID SURVEY. PROPOSED LOT 4 BUILDING AREA: PERCENT LOT 4 BUILDING COVERAGE: LOT 4 OPEN SPACE REQUIRED: LOT 4 USABLE OPEN SPACE: LOT 4 HARDSCAPE OPEN SPACE: LOT 4 LANDSCAPE OPEN SPACE: LOT 4 OPEN SPACE PROVIDED: TOTAL LOT 4 PARKING REQUIRED: TOTAL LOT 4 PARKING PROVIDED: TOTAL LOT 4 ACCESSIBLE PARKING: 27,058 S.F. 25.2% 20% 21,484 SF 3,385 SF 2,525 SF 15,590 SF 20% 21,500 SF 122 SPACES (1 SPACE / 200 S.F. W/ 10% REDUCTION) 128SPACES 5 SPACES TOTAL LOT 4 BICYCLE PARKING REQUIRED: 6 SPACES TOTAL LOT 4 BICYCLE PARKING PROVIDED: 6 SPACES ALLOWED BUILDING HEIGHT: 50' - 0" PROPOSED BUILDING HEIGHT: 38' - 0" (TO HIGH POINT OF ENTRY PEAK) 4114 ATE CITY CERTIFICATION 11 L, APPROVED THIS DAY OF 2014 BY THE CITY r)P 1n/HF4kT pinCCF SHEET INDEX 1 OF 8 COVER SHEET 2 OF 8 COLORADO RLS NO. 29766 LOT DATA: OVERALL GRADING AND UTILITY PLAN 4 OF 8 LOT 4 LANDSCAPE PLAN LOT 1 10100 W. 38TH AVENUE 99,725 SF 2.29 AC LOT 2 10040 W. 38TH AVENUE 27,420 SF 0.63 AC LOT 3 3795 KIPLING STREET 24,433 SF 0.56 AC LOT 4 3725 KIPLING STREET 107,421 SF 2.47 AC PROPOSED LOT 4 BUILDING AREA: PERCENT LOT 4 BUILDING COVERAGE: LOT 4 OPEN SPACE REQUIRED: LOT 4 USABLE OPEN SPACE: LOT 4 HARDSCAPE OPEN SPACE: LOT 4 LANDSCAPE OPEN SPACE: LOT 4 OPEN SPACE PROVIDED: TOTAL LOT 4 PARKING REQUIRED: TOTAL LOT 4 PARKING PROVIDED: TOTAL LOT 4 ACCESSIBLE PARKING: 27,058 S.F. 25.2% 20% 21,484 SF 3,385 SF 2,525 SF 15,590 SF 20% 21,500 SF 122 SPACES (1 SPACE / 200 S.F. W/ 10% REDUCTION) 128SPACES 5 SPACES TOTAL LOT 4 BICYCLE PARKING REQUIRED: 6 SPACES TOTAL LOT 4 BICYCLE PARKING PROVIDED: 6 SPACES ALLOWED BUILDING HEIGHT: 50' - 0" PROPOSED BUILDING HEIGHT: 38' - 0" (TO HIGH POINT OF ENTRY PEAK) 4114 ATE CITY CERTIFICATION 11 L, APPROVED THIS DAY OF 2014 BY THE CITY r)P 1n/HF4kT pinCCF SHEET INDEX 1 OF 8 COVER SHEET 2 OF 8 OVERALL SITE PLAN 3 OF 8 OVERALL GRADING AND UTILITY PLAN 4 OF 8 LOT 4 LANDSCAPE PLAN 5 OF 8 LOTS 2 AND 3 STREETSCAPE PLAN 6 OF 8 LOT 1 STREETSCAPE PLAN 7 OF 8 LOT 4 PHOTOMETRIC PLAN 8 OF 8 LOT 4 BUILDING ELEVATIONS U 0 Zr gE F, LL me � o0 W°0 z �n C9 WQ w 3 M (D Z ul p M tu N N Z toto W � a o U �n � 9 M z �w a Revisions FINAL SUBMITTAL 6/20/14 nnvG /heat Ridge, Colorado Date: March 24, 2014 Job No: Q Drawn By: CAW Checked By: CAW CL 0 0 dM 4!A M o d M d5'i LL �A a mLQ m LQ M Lu WM �a N a 0 N � a � 0 Revisions FINAL SUBMITTAL 6/20/14 nnvG /heat Ridge, Colorado Date: March 24, 2014 Job No: C3-040 Drawn By: CAW Checked By: CAW Drawing Title S 00'00'00" E 190.23' CD }' z I I2 W-11 1 I 2I III I I MI I Iz I30.00' 00 LOT 2 3I N 27,420 SF I o I I I l0 0.63 AC I 3 II I"' CD A=3'01'54" R=150.00' z L=7.94' D i"! ChB=S28'29'03"E Z II / / A=2644'41" ChL=7.94' I C R=150.00 8 M �/ I 11 L=70.02 ChB=N1.� 3'35'45"W S 0013'24" E� 12.00' j I - ----------v---- ChL=69.38' N 00'13'24" W 120.77'- - 7 S 0093'24" E 132.77'_ MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO KIP -LING STREET - �N 30'12'38" W� Fl 0 24.00' , 2 7 2 1 13 20 18.00' 9 9 0 Q 10 9 3 6 7 18 18.00'@ 10 10.00' 12 LOT4 2 24.00' 107,421 SF 12 2.47 AC 18.00' J1°0 219-0 9eooo00O9 00000 0g 2 Oa 7.00' 3 TYP30 9.00' 24.00 1 0 10 7 8 3 12 oJ 10 9 0 28.00'- 8.0 �0 20 10 19 18.00' 18.00' S 00'00'00" E 220.09' � 11 0 --\ 30.00.00' N 90'00'00" W 25.57' j �4!!R ' 25.77' 2 9 i2 ^ o �30( 18,95' A=29'46'36" R=150.00' L=77.95' ChB=S15'06'42"E ChL=77.08' / A=30'00'00" 36.87'_ E R=150.00' L=78.54' Ch13=S15*00'00"E ChL=77.65' I /� i II I I II II I II 3 I I IZ 00co1 Cn �M mLOT 1 I # II TTT 99,725 SF I I 2.29 AC I N� II N II II III ! II I II II II I IY liu 1 I A=89'27'00" A=90'33'00" I R=15.00' R=15.00' 1 L=23.71' L=2323.42' . L=ChB=N45'30'40"W ChB=N4429'20NE ChL=21.11' ChL=21.31' I� r' 3 '" ' �N 009410 W 289.01 LEE STREET 3 - S 00'1 �i--------------- I -II II �I II 11 II I n00 co YI I I II I ^? II I o it II �I II II II o II 4 II I I3�� � II MI � II ryll m II I I I I► .� I I I I �I II lIl II �I II JI I it II �I II �I II 4I I II II I it II YI II YI II !I II SII I I 34.54' 10 34.99' LJ 19.08' 32.67' I 147.33' I II I II I Z I 000 (D 10 ? w 120.67' I I"' IIS I 215.33' oWi II o I II I I I I I 1 I I III I 32.67' I II I I 11 f' 29.33' J 21.91' I E 310.60'--- ----------- -12.27'- --- KLINE STREET GRAPHIC SCALE 30 0 15 30 1 INCH = 30 FEET NOTE KEYS Q BUILDING O2 6" CURB AND GUTTER O3 SIDEWALK ® 9' x 18' STANDARD PARKING STALL O5 9' x 18' HANDICAP PARKING STALL WITH POLE -MOUNTED SIGN © 9' x 18' LOADING ZONE O7 STRIPED PEDESTRIAN CROSSWALK ® HANDICAP ACCESSIBLE RAMP O9 LIGHT POLE (SEE SHEET 6 OF 8) 10 LANDSCAPE AREA 11 MONUMENT SIGN 12 CART CORRAL 13 BIKE RACK 20 STALL COUNT PROPOSED 0 LEGEND EXISTING EASEMENT PROPERTY LINE SITE PROPERTY LINE - - - - - - R.O.W. LINE - SITE R.O.W. LINE SIGHT TRIANGLE SECTION LINE - BACK OF CURB ----------- CONCRETE HATCH EDGE OF PAVEMENT / PAN FLOWLINE----------- SIDEWALK----------- SIDEWALK HATCH L PAVEMENT MARKING TRAFFIC SIGN - BOLLARD LIGHT POLE MONUMENT SIGN C C Lu 1 March 21, 2014 A=90'3432" C3-040 30 0' Checked By: CAW �.' R=15.00' L=23.71' E ° ChB=S45'29'54"E I Q o O ChL=21.32' I W >� � Zm W Z I N LL I I �(cooLOT I' 0 3 j 3� rm I " 24,433 SF m� I� 0.56 AC I o� Wa im I o 0 � o 0 0 IN i Z ZV Revisions FINAL SUBMITTAL W LO S 00'00'00" E 190.23' CD }' z I I2 W-11 1 I 2I III I I MI I Iz I30.00' 00 LOT 2 3I N 27,420 SF I o I I I l0 0.63 AC I 3 II I"' CD A=3'01'54" R=150.00' z L=7.94' D i"! ChB=S28'29'03"E Z II / / A=2644'41" ChL=7.94' I C R=150.00 8 M �/ I 11 L=70.02 ChB=N1.� 3'35'45"W S 0013'24" E� 12.00' j I - ----------v---- ChL=69.38' N 00'13'24" W 120.77'- - 7 S 0093'24" E 132.77'_ MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO KIP -LING STREET - �N 30'12'38" W� Fl 0 24.00' , 2 7 2 1 13 20 18.00' 9 9 0 Q 10 9 3 6 7 18 18.00'@ 10 10.00' 12 LOT4 2 24.00' 107,421 SF 12 2.47 AC 18.00' J1°0 219-0 9eooo00O9 00000 0g 2 Oa 7.00' 3 TYP30 9.00' 24.00 1 0 10 7 8 3 12 oJ 10 9 0 28.00'- 8.0 �0 20 10 19 18.00' 18.00' S 00'00'00" E 220.09' � 11 0 --\ 30.00.00' N 90'00'00" W 25.57' j �4!!R ' 25.77' 2 9 i2 ^ o �30( 18,95' A=29'46'36" R=150.00' L=77.95' ChB=S15'06'42"E ChL=77.08' / A=30'00'00" 36.87'_ E R=150.00' L=78.54' Ch13=S15*00'00"E ChL=77.65' I /� i II I I II II I II 3 I I IZ 00co1 Cn �M mLOT 1 I # II TTT 99,725 SF I I 2.29 AC I N� II N II II III ! II I II II II I IY liu 1 I A=89'27'00" A=90'33'00" I R=15.00' R=15.00' 1 L=23.71' L=2323.42' . L=ChB=N45'30'40"W ChB=N4429'20NE ChL=21.11' ChL=21.31' I� r' 3 '" ' �N 009410 W 289.01 LEE STREET 3 - S 00'1 �i--------------- I -II II �I II 11 II I n00 co YI I I II I ^? II I o it II �I II II II o II 4 II I I3�� � II MI � II ryll m II I I I I► .� I I I I �I II lIl II �I II JI I it II �I II �I II 4I I II II I it II YI II YI II !I II SII I I 34.54' 10 34.99' LJ 19.08' 32.67' I 147.33' I II I II I Z I 000 (D 10 ? w 120.67' I I"' IIS I 215.33' oWi II o I II I I I I I 1 I I III I 32.67' I II I I 11 f' 29.33' J 21.91' I E 310.60'--- ----------- -12.27'- --- KLINE STREET GRAPHIC SCALE 30 0 15 30 1 INCH = 30 FEET NOTE KEYS Q BUILDING O2 6" CURB AND GUTTER O3 SIDEWALK ® 9' x 18' STANDARD PARKING STALL O5 9' x 18' HANDICAP PARKING STALL WITH POLE -MOUNTED SIGN © 9' x 18' LOADING ZONE O7 STRIPED PEDESTRIAN CROSSWALK ® HANDICAP ACCESSIBLE RAMP O9 LIGHT POLE (SEE SHEET 6 OF 8) 10 LANDSCAPE AREA 11 MONUMENT SIGN 12 CART CORRAL 13 BIKE RACK 20 STALL COUNT PROPOSED 0 LEGEND EXISTING EASEMENT PROPERTY LINE SITE PROPERTY LINE - - - - - - R.O.W. LINE - SITE R.O.W. LINE SIGHT TRIANGLE SECTION LINE - BACK OF CURB ----------- CONCRETE HATCH EDGE OF PAVEMENT / PAN FLOWLINE----------- SIDEWALK----------- SIDEWALK HATCH L PAVEMENT MARKING TRAFFIC SIGN - BOLLARD LIGHT POLE MONUMENT SIGN C C Lu 1 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: C3-040 C: o Checked By: CAW E ° Q o O Vo W >� ' Zm W LL 0 W� rm m� m Wm Wa 0 � o 0 0 a) 0 Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: C3-040 Drawn By: CAW Checked By: CAW Drawing Title OVERALL SITE PLAN Sheet 2 of 8 I I SIGNAL POLE TO BE RELOCATED EXTEND STORM PIPE AND INSTALL NEW INLET \ A--90'34'32" I I R=15.00' I N II I L=23.71' I I y ChB=S45'29'54"E N o I i ChL=21.32' a II I T I� I I� I I l y to IN 1 124433 STORM INLET s C1 T I 0.56 C / N \ STORM PIPE \ S 00'00'x" E 14010 4010 mom mom 90.23ROTS M INLET 7-- ,M i I y \ EX. SANITARY MAIN STORM PIPE r Z \ N 00 L 2 \ �N 27,42 F \ ca 0.63 AC rri / ice, 1 \ STORM INLET 00 I \ V %-------- STORM PIPE S 1009,'24" E — -- -- 112.00' a N 0093'24" W_120.77'S 00 N ,S 00'13'24" E -_ 132.77'- 1 x I STORM INLET �:r EX. WATER MAIN >1 I I N 1 � I VIII II I S' z 00 co 00I tCD l l l I�00�I N co \I Ili / I I 03 N ® w I �N STORM PIPE STORM MANHOLE \ MVG MARKETPLACE SITE PLAN LOTS 1 - 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO \ \ NI-- EX. SANITARY SERVICE EX. WATER METER --------- —---------- EXTEND STORM PIPE t L _AND INSTALL NEW INLET. 0012'38" W 141.87Bonn' N 309 2'38" W \ — N 0092'38" W 263.00' �t �f o \ 24.00; \ \ \ I \ \ 5R _ SANITARY SERVICE y I � WATER SERVICE I N \ \ \ \ L I o'LJ I I \\ \ o \ l I�ZN o Lo, 2.47 AC \ I $ ,X w \ N + z \ \ I I FFE = 5408.42 M I ,R � I I 3I \ I I FIRE LINE II I o J L C) S 00.00'00" E ZI \ \ 20.09' \ I \ \ \ \ g Apy STORM INLET - Lr STORM PIPE / _ 25.77 0'00'00" W K2X SS 0 , p \ J47X �{ I i STORM MANHOLE \j STORM PIPE \ I r —1 bt 6� A=30'00 00 — _� STORM INLET _� f S 30'00'00" E R=150.00' 01 �- 77 " E 310.60'— — STORM MANHOLE - STORM PIPE —STORM INLET C `` _ --- -- ----- 18.95 L=78.54' i STORM PIPE — f f �J� \ ` ChB=S15'00 00" E , �j \ \ChL=77.65' TO INLET f�EX TT ER MAIN /KLINE STRtET 8„W 8"W 8W_ 8' W A=29'46'36" \ I l ————- R=150.00' � �� _---- ---------------------------------- � — — ChB=Sl5*06'42"E \ \ \ \ ChL=77.08' \ \ \ at I \ \ \ \00 I I \ \ N II \ II \ \ W �� I • II \ v I NOTE: \ I I ALL UTILITIES SERVING THE SITE ARE TO BE PLACED UNDERGROUND. W m I\ I I II I I 1 II co I I II I I I co � 1 I I ` I _V1 A-90-33-00- 00 I ChB=N45'30'40"W _ ChL=21.31' \ I GRAPHIC SCALE 1111 30 0 15 30 !�T EX. WATER MAIN 1 INCH = 30 FEET 04 T I \ \ STORM MANHOLE A-89'27'00" \ R=15.00' I ChB=N44 29'20" E ChL=21.11' N_0094'10" W 299.01 N — — LEE ST5 Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 LEGEND C3-040 C PROPOSED Checked By: N EXISTING EASEMENT — — — — E PROPERTY LINE — — — - - — — — — — SITE PROPERTY LINE — — — — — - - — Vo R.O.W. LINE _CL — — /�� W SITE R.O.W. LINE oW SIGHT TRIANGLE M � LL SECTION LINE 0 — GAS GAS LINE —GAS UGT UNDERGROUND TELEPHONE m� UGT FO m Wm FIBER OPTIC FO CTV UNDERGROUND CABLE CTV 0 FIRE HYDRANT yl o 8" WATER MAIN 8"W 16" WATER MAIN 16"W wM WATER METER W WATER SERVICE ® WATER VALVE ❑T TRANSFORMER UGE UNDERGROUND ELECTRIC LIGHTPOLE 0 C SANITARY CLEANOUT 8" SANITARY MAIN —8"SS SANITARY MANHOLE SS SANITARY SERVICE STORM INLET STORM MANHOLE STORM PIPE BACK OF CURB ----------- CONCRETE HATCH EDGE OF PAVEMENT /PAN FLOWLINE ----------- SIDEWALK ----------- SIDEWALK HATCH PAVEMENT MARKING 4 TRAFFIC SIGN - BOLLARD �❑ LIGHT POLE o MONUMENT SIGN 546 MAJOR CONTOUR 5460 MINOR CONTOUR — —5461— — — Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: C3-040 C g Checked By: N E O Vo _CL ce CC! /�� W W > uri oW M � LL 0 WS rm �0 m� m Wm Wa 0 o 0 0 0 Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: C3-040 Drawn By: CAW Checked By: CAW Drawing Title OVERALL GRADING AND UTILITY PLAN Sheet 3 of 8 15'X 15' MVG MARKETPLACE SITE PLAN LOTS 1 - 41 MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO -1 L YY YY 2 JUHC1 KLIINt J I Ktt I L SYKL o io 20 40 Scale: 1 " = 20' 3 GLTR 3 SPAW SYMBOLS LEGEND SHADE TREE ORNAMENTAL TREE EVERGREEN TREE EVERGREEN SHRUBS DECIDUOUS SHRUBS PARKING LOT LIGHT PEDESTRIAN LIGHT SOD NON-ORGANIC MULCH F3 DEPTH RIVER ROCK OVER WEED BARRIER) STEEL EDGER BROOM FINISH CONC. WALK U Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21. 2014 Job No: Drawn By: ADJ Checked By: TCK Drawing Title LOT 4 LANDSCAPE PLAN Sheet 4 of 8 4-0 C o o m E 2 0 O Vo m m ^'W W W 2 m > W LL S Q F 5r N � N W M �LL y O m a 0 Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21. 2014 Job No: Drawn By: ADJ Checked By: TCK Drawing Title LOT 4 LANDSCAPE PLAN Sheet 4 of 8 52' :1 MVG MARKETPLACE SITE PLAN LOTS 1 — 41 MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO K I P L I N G STREET 80' 2 GLTR PED LIGHT TYP. 26' —.. ...................... .M A•T C H�L�I�N E 0 10 20 40 INTERNAL LANDSCAPE REQUIREMENTS LOT PROJECT AREA REQUIRED LANDSCAPE AREA PROVIDED LANDSCAPE AREA REQUIRED PROVIDED (20% OF GROSS LOT AREA) (1 TREE + 10 SHRUBS/1000 SQ. FT OF REQUIRED LANDSCAPE AREA) TREES SHRUBS TREES SHRUBS 4 SPROUTS 107,421.44 SQ. FT. 21,484.28 SQ. FT. 21,500 SQ. FT. 22 220 22 220 STREET TREE REQUIREMENTS KIPLING STREET (1 TREE/35 LF OF FRONTAGE) 10 8* KLINE STREET (1 TREE/30 LF OF FRONTAGE) W. 38TH STREET (1 TREE/35 LF OF FRONTAGE) PLANT SCHEDULE STREETSCAPE LOT 4 SHADE TREES QTY BOTANICAL NAME 8 8 15 6* COMMON NAME CONT GLTR 3 GLEDITSIA TRIACANTHOS INERMIS'SHADEMASTER 'SHADEMASTER HONEYLOCUST B&B 2.5" GYDI 3 N I B&B N PLANTING SCHEDULE STREETSCAPE LOT 1, 2,3 MADRAX HW238-5-16-P I B&B ...1. ,.. ...... BOTANICAL NAME I CONT —.. ...................... .M A•T C H�L�I�N E 0 10 20 40 INTERNAL LANDSCAPE REQUIREMENTS LOT PROJECT AREA REQUIRED LANDSCAPE AREA PROVIDED LANDSCAPE AREA REQUIRED PROVIDED (20% OF GROSS LOT AREA) (1 TREE + 10 SHRUBS/1000 SQ. FT OF REQUIRED LANDSCAPE AREA) TREES SHRUBS TREES SHRUBS 4 SPROUTS 107,421.44 SQ. FT. 21,484.28 SQ. FT. 21,500 SQ. FT. 22 220 22 220 STREET TREE REQUIREMENTS KIPLING STREET (1 TREE/35 LF OF FRONTAGE) 10 8* KLINE STREET (1 TREE/30 LF OF FRONTAGE) W. 38TH STREET (1 TREE/35 LF OF FRONTAGE) PLANT SCHEDULE STREETSCAPE LOT 4 SHADE TREES QTY BOTANICAL NAME 8 8 15 6* COMMON NAME CONT GLTR 3 GLEDITSIA TRIACANTHOS INERMIS'SHADEMASTER 'SHADEMASTER HONEYLOCUST B&B 2.5" GYDI 3 GYNBOCLADUS DIOCICUS'ESPRESSO' KENTUCKY COFFEE TREE'ESPRESSO' B&B 2.5" PLANTING SCHEDULE STREETSCAPE LOT 1, 2,3 MADRAX HW238-5-16-P BLACK B&B 2" SHADE TREES QTY BOTANICAL NAME COMMON NAME CONT GLTR 6 GLEDITSIA TRIACANTHOS INERMIS'SHADEMASTER 'SHADEMASTER HONEYLOCUST B&B 2.5" GYDI 2 GYNBOCLADUS DIOCICUS'ESPRESSO' KENTUCKY COFFEE TREE'ESPRESSO' B&B 2.5" *NOTE: FEWER TREES THAN REQUIRED SHOWN DUE TO SPECIES AND MATURE SPREAD 3 ULMUS X ACCOLADE ACCOLADE ELM MAXIMUM TURF AREA (30% OF PROVIDED LANDSCAPE AREA) LOT PROJECT LANDSCAPE AREA MAXIMUM ALLOWED PROVIDED 4 SPROUTS 21,851.53 SQ. FT. 6,555.50 SQ. FT. 4,581.00 SQ. FT. GROUND COVER SOD AND PLANTING BEDS 18,307 85.1% FURNISHINGS SCHEDULE STREETSCAPE MANUFACTURER PRODUCT NO. COLOR BENCH BISON MANCHESTER 48" LENGTH MC 101 BLACK TRASH RECEPTACLE BISON MANCHESTER TRASH RECEPTACLE MC402-DT BLACK BIKE LOOP@STREETSCAPE BISON BIKE SECURITY STATIONS BFU2-02-SM BLACK BIKE LOOP @ SPROUTS MADRAX HW238-5-16-P BLACK I PLANT SCHEDULE LOT 4 1 JSRM 14 JUNIPERUS SCOPULORUM ROCKY MOUNTAIN JUNIPER B&B 6'-0" ORNAMENTAL TREES QTY BOTANICAL NAME COMMON NAME C o PYCA 9 PYRUS CALLERYANA CHANTICLEER PEAR B&B 2" SYRE 10 SYRINGA RETICULATA JAPANESE TREE LILAC B&B 2" SHADE TREES QTY BOTANICAL NAME COMMON NAME CONT CEOC 8 CELTIS OCCIDENTALIS WESTERN HACKBERRY B&B 2.5" QUBI 1 QUERCUS BICOLOR SWAMP WHITE OAK B&B 2.5" ULAC 3 ULMUS X ACCOLADE ACCOLADE ELM B&B 2.5" DECIDUOUS SHRUBS QTY BOTANICAL NAME COMMON NAME CONT Sn BETH 46 BERBERIS THUNBERGI I 'ATROPURPU REA' RED BARBERRY 5 GAL LILO 23 LIGUSTRUM VULGARE'LODENSE' LODENSE PRIVET 5 GAL y RHFR 5 RHAMNUS FRANGULA'COLUMNARIS' COLUMNAR BUCKTHORN 5 GAL RHAR 25 RHUS AROMATIC'GRO-LOW' DWARF FRAGRANT SUMAC 5 GAL ROSA 3 ROSA'RADRAZZ KNOCK OUT ROSE 5 GAL SPAW 9 SPIREA JAPONICA'ANTHONY WATERER ANTHONY WATERER SPIREA 5 GAL SPNI 10 SPIREA NIPPONICA'SNOWMOUND' SNOWMOUND SPIREA 5 GAL SPVA 15 SPIREAXVANHOUTTE SPIREAVANHOUTTE 5GAL EVERGREEN SHRUBS QTY BOTANICAL NAME COMMON NAME CONT JUHO 47 JUNIPERUS HORIZONTALIS'BLUE CHIP' BLUE CHIP JUNIPER 5 GAL PIMM 9 PINUS MUGO'MOPS' MOPS MUGO PINE 5 GAL ORNAMENTAL GRASSES QTY BOTANICAL NAME COMMON NAME CONT CAKF 24 CALAMAGROSTIS ACUTIFLORA'KARL FORESTER' FEATHER REED GRASS 1 GAL HESE 6 HELICTOTRICHON SEMPERVIRENS BLUE AVENA GRASS 1 GAL U Z� ZE Z $8 d V o c Z O y � U c zd W v 0. W Z r m W O M N N Z mr Z w' W LL Na U U M W a m, F C N W W r F J x �LU MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: Drawn By: ADJ Checked By: TCK Drawing Title LOTS 2 & 3 STREETSCAPE PLAN Sheet 5 of 8 4-0 C o Nm 2 ^E Y.i 0 O Vo V/Z Wm W ur > W o� A� LL $ Q R F— Sn W M (L �LL y m a 0 0 Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: Drawn By: ADJ Checked By: TCK Drawing Title LOTS 2 & 3 STREETSCAPE PLAN Sheet 5 of 8 MVG MARKETPLACE SITE PLAN LOTS 1 - 41 MVG MARKETPLACE SUBDIVISION FILING NO. 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO L t t 0 1 K t t 0 10 20 40 NOTE: AUTOMATIC UNDERGROUND IRRIGATION SYSTEM WILL BE PROVIDED FOR ALL STREETSCAPE AND ON-SITE PLANTING. TREE PLANTING NTS DO NOT CUT LEADER. PRUNE DAMAGED OR DEAD WOOD AFTER PLANTING AND STAKING. KEEP CROWN SHAPE TYPICAL OF SPECIES. 14 GUAGE GALV. WIRE WITH 1/2" 0 X 18" WHITE PVC PIPE ON EACH WIRE. SPECIFIED TREE STRAP COLLAR, DO NOT TWIST. SPECIFIED POSTS, 2 EA 6/8' HT. ALLIGN AS APPROVED. KEEP PLUMB WITH TOPS EVEN. DRIVE 12" INTO UNDISTURBED SUBGRADE OUTSIDE PLANTING PIT. TREE STAKES LOCATED INSIDE WATERING SAUCER ON TREESGREATER THAN 3" CAL. USE GUYS AS PER EVERGREEN TREES. WRAP ENTIRE SURFACE OF TRUNK UP TO BRANCHES WITH REQUIRED WRAPPING WHEN SPECIFIED. REFER TO SPECIFICATIONS. SECURE @ TOP WITH DUCT TAPE. O" AT TRUNK 4" DEPTH SPECIFIED MULCH AT EDGE OF RING, INSIDE 4" WATERING SAUCER. REMOVE SAUCER UPON SODDING/SEEDING IN IRRIGATED AREAS. PLANT TREE 2-4" ABOVE SURROUNDING GRADE LEVEL ON UNDISTURBED SOIL. SET TRUNK PLUMB. SPECIFIED BACKFILL MIXTURE. ADMENDMENTS AS SPECIFIED IN TOP 12" DEPTH. REMOVE ALL TWINE & WIRE FROM BALL. REMOVE WIRE BASKETS. INITIAL STABILIZING BACKFILL 1/3 DEPTH, COMPACTED. UNDISTURBED PIT BOTTOM FOR ROOT BALL BASE. SHRUB PLANTING NTS GUYING DETAIL NOTE: DO NOT PLANT ANY PLANT WITH ROOTBALL NOT IN CONFORMANCE WITH COLORADO NURSERY ACT REQUIREMENTS. HOLD MULCH GRADE 1" BELOW EDGE OF WALK, EDGING OR CURB. CONCRETE CURB, EDGING, OR SIDEWALK PRUNE ALL DAMAGED OR DEAD WOOD AFTER PLANTING AND MULCHING SET SHRUB AT GRADE GROWN IN CONTAINER OR GROWN IN NURSERY. SET TOP OF JUNIPER'S ROOTBALL TO FINISH GRADE OF MULCH APPLY SPECIFIED MULCH AT 3" DEPTH SCORE CONTAINER ROOTBALLS WITH ENCIRCLING ROOTS FILL PLANT PIT WITH SPECIFIED BACKFILL MIX. SEE SPECIFICATIONS FOR COMPOSITION REMOVE CONTAINER. PLACE ROOTBALL ON UNDISTURBED SOIL U Z� ZE Z 88 d Z O.n U c zd W v 0. W Z r m W O M N N Z mr Z w' W LL m � N m U U M W m F C N W W r F J U min$ N � aj O _� F fuL6d L 4_0 C: o o m E 2 Q 0 O Vo � W ■� W V/ z m > W " om A� LL QW fO �n l � V) V W `9 �LL 0 N a 0 Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: Drawn By: ADJ Checked By: TCK Drawing Title LOT 1 STREETSCAPE PLAN Sheet 6 of 8 A I m m mA I m m P m m I H o m m P P P A •� w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w •T �i�w •� w w w w w w w w w —onr— —DHT— —ow!r m a 90HT� DHT L m w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w m o w w w w w H w w w H H w w w w w w w w H w w w w w w w w w w w w w H w w H H H w w •� w w w H H H w H H I c6 O 16 ry 6 m m umi .� m vT uci Fi S o .. m o m H H H w w w w w H H H H .4 H H ♦" H w w w w IN H w w w w w H 1 SCALE: 1 11 w w w w w w w w w w w w w w w w .� w w w w w w w w w w w w w w w w w w w w w -•� -- I - I w w w w w w mow- ti� w ♦mow —w N �� •� •mow w �� -ate •� •�-w -v On w •mow m �I w� w w IN w w w w w w w w w w l w I I w w w ry r w w H H w w w w w w H H H w w w w w w H H H w w w w w w I m m .ti m o m m m m ry c ry m m u� 01 om m m m o m .ti m c m m H H H w w w w w H H H H w w w w H H w H H w w w w w l w w w w w w w H ♦^ H w .^ w w w w H ♦' H ♦' H w w w ♦' w ♦' w w w w w w w M1S M1S M1S m H H H H H w w w w w w m m—R fi m H w ♦P ♦� _ - H H w w IMP - is H w .^ ♦ w .^ w •� ,D .d I w I--------- w w w w w j LIGHT FIXTURE SCHEDULE SITE H IMMFACIIRF/!iL a LAM H H H H H I c6 O 16 ry 6 m m umi .� m vT uci Fi S o .. m o m H H H w H H H w ♦P w .� w WE RAL w ♦" H r r w w w w ♦� ♦� H H H H H H H •� w ♦P H ♦'a H U SIE EESIDEm QP w ® o •� •� L H FI H st w m m w w •1 •1 •1 H H H H H H H H H .^ 4^ I W ♦'a N N N ♦'a W 1 LED 277 H H H H H H H H H H W H ♦�' 1 SCALE: 1 11 w w w w w w w w w w w w w w w w .� w w w w w w w w w w w w w w w w w w w w w -•� -- I - I w w w w w w mow- ti� w ♦mow —w N �� •� •mow w �� -ate •� •�-w -v On w •mow m �I w� w w IN w w w w w w w w w w l w I I w w w ry r w w H H w w w w w w H H H w w w w w w H H H w w w w w w I m m .ti m o m m m m ry c ry m m u� 01 om m m m o m .ti m c m m H H H w w w w w H H H H w w w w H H w H H w w w w w l w w w w w w w H ♦^ H w .^ w w w w H ♦' H ♦' H w w w ♦' w ♦' w w w w w w w M1S M1S M1S m H H H H H w w w w w w m m—R fi m H w ♦P ♦� _ - H H w w IMP - is H w .^ ♦ w .^ w •� ,D .d I w I--------- w w w w w j LIGHT FIXTURE SCHEDULE SITE H IMMFACIIRF/!iL a LAM H H H H H I c6 O 16 ry 6 m m umi .� m w SPAULDING LIGHTIN G H H H r H H H r mi w w 80 CRI 4 OOOK H H w w H H w CLi-A90L-04K-2-105BE � .q 1T, 143 LUMENS w .N ,r ♦r .� r 1 SCALE: 1 11 w w w w w w w w w w w w w w w w .� w w w w w w w w w w w w w w w w w w w w w -•� -- I - I w w w w w w mow- ti� w ♦mow —w N �� •� •mow w �� -ate •� •�-w -v On w •mow m �I w� w w IN w w w w w w w w w w l w I I w w w ry r w w H H w w w w w w H H H w w w w w w H H H w w w w w w I m m .ti m o m m m m ry c ry m m u� 01 om m m m o m .ti m c m m H H H w w w w w H H H H w w w w H H w H H w w w w w l w w w w w w w H ♦^ H w .^ w w w w H ♦' H ♦' H w w w ♦' w ♦' w w w w w w w M1S M1S M1S m H H H H H w w w w w w m m—R fi m H w ♦P ♦� _ - H H w w IMP - is H w .^ ♦ w .^ w •� ,D .d I w I--------- w w w w w j LIGHT FIXTURE SCHEDULE SITE TM IMMFACIIRF/!iL a LAM JIM Elm � IOERer IEIIES O 16 ITVM 1147 VAM VA NOW Q SL2 SPAULDING LIGHTIN G 2 LEO 211 428 430O 2 NOMINAL 22"X16"SQUARE POLE MOUNTED AREA LIGHT FIXTURE. FIXTURE 18'-0"ALL Vo mi CIMARRON LED 80 CRI 4 OOOK H a m ti SHALL BE PROVIDED WITH A 1050mA LED DRIVER 6"ARM TO MOUNT ONTO a }IIS w CLi-A90L-04K-2-105BE � .q 1T, 143 LUMENS w m �H m SOUARE POLE IN A TYPE 2 ORIENTATION IN A 180 DEGREE ORIENTATION VERIFY a H w w w w w4 1Sm H .^ •X •1 w •1 •1 •1 H H H H H H H H H .^ 4^ I W ♦'a N N N ♦'a W 1 LED 277 H H H H H H H H H H W H ♦�' •�' W •�' H H w CLi-A 90L-0 4K-3105 BE BC N2 w 17,143 LUMENS N w w TO MOUNT ONTO SQUARE POLE IN A TYPE 2ORIENTATION. VERIFY EXACT Iw II w Revisions ♦P 100, 000 HOURS FINAL SUBMITTAL 6/20/14 w w w FINISH WITH ARCHITECT PRIOR TO ORDERING. PROVIDE WITH POLE. w I POLE SHALL BE INSTALLED IN A CONCRETE POLE BASE FOR MAXIMUM TOTAL I.w w w wll w w w w FIXTURE HEIGHT OF 18'-0", DESIGNED BY THE STRUCTURAL FOR Iw I w INTEGRAL HOUSE SIDE SHIELD w w w w IN 93 H .^ •m ♦^ •P ♦P •m ♦�' H H H H H H H H w •,^ ♦m ♦P ♦P H ♦`° ♦`° ♦`° H w ♦�' .^ .^ .^ .^ H H H H H H H H w H ♦�' H H ♦�' H H 3200 LUMENS 1000 LUMENS PER FIXTURE. Z H FIXTURE SHALL BE UL LISTED FOR DAMP LOCATIONS w w M1 COOPER(LUMARK) - LED 277 50 50 EXTERIOR ,FULL CUT -OFF , WALL MOUNTED LED FIXTURE. VERIFY 10'-0"ALL A w MXTOR-5AN w 68 CRI, 3500K w w w FINISH WITH ARCHITECT PRIOR TO ORDERING. OR AS SHOWN ON w w .4 3532 LU MENS . ♦ H ARCHITECTURAL w w w w w 277 H H H W H o MXTOR-5AN-CBP 0 68 CRI, 3500K o EMERGENCY BATTERYABALLASTCAPABLE OF POWERING A MINIMUM OF H H H w w H w .1 ♦^ H w w H w H H H H H H H H ♦`0 NO ♦m NO ♦m •�' H H m m m m m m m FINISH WITH ARCHITECT PRIOR TO ORDERING. OR A9 SHOWN ON m w w m 2273 LUMENS 6 m H s m o m m COMPLETE DESCRIPTION NOTES AND SPECIFICATIONS IN CONJUCTION WITH THE CATALOG NUMBER TO DETERMINE THE EXACT MATERIALANO ACCESSORIES TO BE ORDERED. VERIFY FINISH AND COLOR WITH ARCHITECT PRIOR TO PLACING ORDER. THE MANUFACTURERS LISTED ARE THE BASIS FOR THE DESIGN. 3. REFER TO DIVISION 16 SPECIFICATIONS FOR ACCEPTABLE LAMP AND BALLAST MANUFACTURERS AND ADDITIONAL INFORMATION. m m u 6. REFER TO LIGHTING CONTACTOR SCHEDULE AND PANELBOARD SCHEDULES FOR CONTROL INFORMATION. m s a a 6 m s m m e m ti m m m o w w w w H H H .^ •`° ♦`° •`° ♦`° Y' ♦^ w H H H H H H .^ w .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ .^ H H H H H H H w w w .' w .' H H r ti o m m m o m m o m m m a a o Tm m ,m o m m m m a m N m m ♦� w m m o ♦� m 11 m m � o � m m m I w w w w H H w ♦a w w w w v� w •a ♦a w w w w w w w ♦a ♦a ♦a ♦a H w ♦a ♦a ♦a ♦a H 4 ♦a ♦a ♦a w w w H H H w�•a ♦ ♦� w -- N ♦� N M H �- a m m m �- m f8 To w la w w f8 w L m Ei m w m w ury L L m '� m w a w uai m m F m m o To ti�I m w w w w H H w ♦a •m w w H w H •a rn p, ♦ID ♦`° ♦ .' w rm w w w w .' 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Po L 6! m L 6 6! m N m m �° a m m m L m o F l2 0 m m w w w H H •a ♦^ •° H •D .^ H H H H ♦^ w Y' yr H H H ♦D H H H H H .^ w4 D w H ♦6 ♦1C ♦1C H W � Hr NCS-� •P ♦X � H C�u H H � � ♦H .0 I H •N ♦P � .N H C� H H � H � .N 4 r -�� r ♦P H .N .N .'P H .F 4N ♦P .0 .N ♦H .NH L �H •P ti -- -- - -- SL2 m o m m o m m m m I m I a m o o m a I a mm m a� m a w w w H H w ♦^ w w w •D ♦D w .^ H H w ♦`° H H H H ♦ ♦D H H H H m yr Y' ♦D 4m z w w w w H H w H H w H w w w w H N Iw w w w ♦D H ♦D w H H w w w H w H •a H w w H w •�' •D w w w H H w H v' w 4,v' H .^ H w H H H w 4m H H H H .^ r' w w r' m ♦1' ♦1' w w w w H H W W w N w V•a' 4' M^ ♦a' •a' 4^ 4PN1 w w N N 4' H H ♦m W H H w w HIT 4^ F H H Vm ♦'^ w w w H w WD 4' a a ®mm mm w w w w H H H ♦^ w w w W` .�' •�' H w ♦D H ♦D •D ♦`° W` w Y' ♦`° w H H H H H H ♦`° r� N r' N r' N H H H H H H .^ w w w .�' ♦D w ®IT mT r w w w w H H Ni H 4m w N w w w •a H H ♦a H H ♦n w w w ♦`0 H ♦n w H H H H H H w H w w H w P' In w w w w H H H ♦^ w p •r .m •° p, •�' H H ♦a ♦D ♦D w w w w w H W •X w .m N N w N •a' Vm W ♦'^ •`0 •`0 N .m w NO ♦a' ♦a' ♦a' ♦'^ W H H H H yr w H w 4o H .m ♦'^ H H H H H 4' m m a 6 m m m m m m u m m u m m u m u m a 6 P m m a m HT m m o a m a m a a .N •P .9 .N r r .T r •P r' .^� ♦P .9 r .9 w ♦� r r' .N r' .N H H H H H ♦� r r r r r r ♦P H H H H H r' r r w w r r . r' m m o m m `3 6 m m 6 `y. w w w m H H H H H w w H •P' w H .^ H w HF, In ♦'a rC H H w HV H H H H H .^ r�n w r� Y' •P' w w w w w H H H ♦^ •° w ♦' •�' V^ w ♦^ •° W` W` o r .^ H H H H H .^ ♦m r' ♦' w w w a .^ H H H H .^ p •r p, ♦`° ♦P •,^ IN a a a m o m m m m m m o ® a m s m m m 6 m m m m IT m m m m m 41D.� •1 .I H H .N .P r H •P .P •P .� r H H H .N H H HIN N .N .N H H H .N .10 .N m m m ® m m Am m m em m m a m m ti m m w w w H H w l ♦ r ♦m ♦m •YN .� w H H H H HINwr ♦Y H w H .m H H H w w w ♦ w .. m .. m m o m m a m a o m m m o m m SL 2 H H � •T m .N r H H H .N .N .N .N H H .N .N .N .N .m .-9 r .N .N .N .N .N .N .N 4-9 .N m w w w w T H •X •m N N N w w w H ♦' W' •T N r' N H H H H H w w H W ♦m ♦m ♦m .mA, w H H H H w y+ ♦m .m W ♦'a w w w •'� w •'� H H w Y' Y' M H ♦T w Y' ♦m ♦N1 .✓I .1T H w w w H H .✓I ♦ ♦'i H ♦`I H ♦'i Y' H w w w H Y' W .✓I m w w w w w T H w •`5 ♦ •`5 ♦`5 Y' H H H H •�' Y' Y' Y' Y' w ♦'a ♦P w •�' H ♦`5 ♦'a Y' Y' ♦`5 Y' W` W W W W .m ♦`5 H •a 4' w H PR�/IDECIVITH w •C w •°' W` ♦'a w ♦'a H a m a m m o m m o m m m —mo o d a o m o m mN H INTEGRAL m m I m IN m .w r .w r .w r ..� ♦N • .� .� .� .� .N H .N .N •� ♦� •� -♦P"- : ♦ ♦ .� ♦ r •N .N .N rP ♦'� .-ry .-`1 .-ry .-ry .-9 .N r .HOUSE-S}DE ♦a .� r r ♦ r r ♦ .� ., I m1 a ® m m m m m °; `° min o ,. a ,. �- a -o �� -= PROVIDE WITH L m m TSHIELD a ® m I m o I, ,. w w w w w w H •a H •a ♦ ♦a H H H ♦ Y ♦`5 Y H— ♦a H ♦'a N *o INTZGR4 HOUSE -SIDE H H HW N H ♦a ♦a ♦a ♦'a N ♦'a ♦`5 N N ♦'a H ♦'a w w w w w w H ♦'I • ♦ w ♦ •m ♦a H W •m w •a •v, — i o w ♦�' .✓I ♦�•r SHI LD H H H H H r� m m r� .%SL1 m WS ♦ .✓I a a a ♦ ♦ ♦ .✓I ♦ .✓I W ♦ ♦ ♦ ♦ .✓I iH s m a IN m m a m mSIIHp� m m o m m o o w w w w w w H H w w H w_"�11 4' H, H w w ♦a Yn H w H w ♦'a H SL1 w H H W H W H Yn •a •a •a Yn Yn •a M •a Yn Yn Yn •a ---'T00 � � w w w w H H H H H� H� W w w H W ♦ ♦ ♦ .� ♦m •r w w .r •r .r w H H ♦ .✓I ♦ w w ♦ w w H H w w H H /µ� w w w H H H� H H H H W W W H r" H W H W H W H w H .^ •�' •�' •�' •�' •�' W W H •�' .^ W H W H W H r' H W H r' H N � v m "I N✓ o / � m ry m m N m m ® m m N m m m m o ti m m ry m ® m m `i m m ,y �� im., ,� w w w w w H H H H H H H H H H H w H H H H w w H H H H H H H H H H H H H H H w H H H w N -" 0 w H .o w w w w 1. H H w w w w w w �•o -- ------------ u, ,y ---------------- m m m m m .+ m m ------------- r m m m m m m w w� w y� w � w .m w w H H H H w w w w w w w w w w w w w w w���Pw w w w p p p •� p p p p p w w � N P m a Ei ry w w/w w w♦�m •m ♦m •m •m • m w • m H r" •m w •m w •m w •m w •m w •m w •� w •m w ��P w •m w •m w •m w •m w •m w •m w •m 6 w •m w •m P •m w P /�� // B ACX 1 SCALE: 1 11 w w w w w w w w w w w w w w w w .� w w w w w w w w w w w w w w w w w w w w w -•� -- I - I w w w w w w mow- ti� w ♦mow —w N �� •� •mow w �� -ate •� •�-w -v On w •mow m �I w� w w IN w w w w w w w w w w l w I I w w w ry r w w H H w w w w w w H H H w w w w w w H H H w w w w w w I m m .ti m o m m m m ry c ry m m u� 01 om m m m o m .ti m c m m H H H w w w w w H H H H w w w w H H w H H w w w w w l w w w w w w w H ♦^ H w .^ w w w w H ♦' H ♦' H w w w ♦' w ♦' w w w w w w w M1S M1S M1S m H H H H H w w w w w w m m—R fi m H w ♦P ♦� _ - H H w w IMP - is H w .^ ♦ w .^ w •� ,D .d I w I--------- w w w w w j LIGHT FIXTURE SCHEDULE SITE TM IMMFACIIRF/!iL a LAM JIM Elm � IOERer IEIIES O 16 ITVM 1147 VAM VA NOW Q SL2 SPAULDING LIGHTIN G 2 LEO 211 428 430O 2 NOMINAL 22"X16"SQUARE POLE MOUNTED AREA LIGHT FIXTURE. FIXTURE 18'-0"ALL Vo mi CIMARRON LED 80 CRI 4 OOOK H a m ti SHALL BE PROVIDED WITH A 1050mA LED DRIVER 6"ARM TO MOUNT ONTO a }IIS w CLi-A90L-04K-2-105BE � .q 1T, 143 LUMENS w m �H m SOUARE POLE IN A TYPE 2 ORIENTATION IN A 180 DEGREE ORIENTATION VERIFY a H r r ♦a •� w 000 IT OURS H 1Sm m EXACT FINISHw RCHITECT PRIOR TO ORDERING. PROVIDE WITH POLE. m II .6 ♦m ♦m pl m w m ` H � H POLE SHALL BE INSTALLED IN A CONCRETE POLE BASE FOR MAXIMUM TOTAL w � m m %1S I I .D FIXTURE HEIGHT OF 18'-0", DESIGNED BY THE STRUCTURAL FOR w .IH SLITS SPAULDING LIGHTING 1 LED 277 336 340 NOMINAL 22"X16" SQUARE POLE MOUNTED AREA LIGHT FIXTURE FIXTURE 18'-0"ALL 0 N CIMARRON LED O 80 CRI, 4 GOOK w w SHALL BE PROVIDED WITH A 1050FA LED DRIVER, 6" ARM Iw I w CLi-A 90L-0 4K-3105 BE BC N2 w 17,143 LUMENS N w w TO MOUNT ONTO SQUARE POLE IN A TYPE 2ORIENTATION. VERIFY EXACT Iw II w Revisions ♦P 100, 000 HOURS FINAL SUBMITTAL 6/20/14 w w w FINISH WITH ARCHITECT PRIOR TO ORDERING. PROVIDE WITH POLE. w I POLE SHALL BE INSTALLED IN A CONCRETE POLE BASE FOR MAXIMUM TOTAL I.w w w wll w w w w FIXTURE HEIGHT OF 18'-0", DESIGNED BY THE STRUCTURAL FOR Iw I w INTEGRAL HOUSE SIDE SHIELD L COOPER (HALO) 2 42W TRIPLE TUBE 277 93 94 8" DIAMETER COMPACT FLUORESCENT DOWNLIGHT SUITABLE FOR DAM P WITHIN SOFFIT A MPDBH242E-82H H W F 82 CRI, 3500K LOCATIONS. m1S 3200 LUMENS LE COOPER (HALO) 2 42W TRIPLE TUBE 277 93 94 8" DIAMETER COMPACT FLUORESCENT DOWNLIGHT WITH EMERGENCY WITHIN SOFFIT A #PDML242IEM-82HEMHWF 82 CRI, 3200K BATTERY BALLAST CAPABLE OF POWERING A MINIMUM OF 3200 LUMENS 1000 LUMENS PER FIXTURE. Z H FIXTURE SHALL BE UL LISTED FOR DAMP LOCATIONS w w M1 COOPER(LUMARK) - LED 277 50 50 EXTERIOR ,FULL CUT -OFF , WALL MOUNTED LED FIXTURE. VERIFY 10'-0"ALL A w MXTOR-5AN w 68 CRI, 3500K w w w FINISH WITH ARCHITECT PRIOR TO ORDERING. OR AS SHOWN ON w w .4 3532 LU MENS . ♦ H ARCHITECTURAL w SHE COOPER(LUMARK) - LED 277 50 50 EXTERIOR ,FULL CUT -OFF , WALL MOUNTED LED FIXTURE WITH 10'-0"ALL A o MXTOR-5AN-CBP 0 68 CRI, 3500K o EMERGENCY BATTERYABALLASTCAPABLE OF POWERING A MINIMUM OF OR AS SHOWN ON 3532 LUMENS 1200 LUMENS PER FIXTURE. VERIFY FINISH WITH ARCHITECT PRIOR ARCHITECTURAL To ORDERING. w w MIS COOPER(LUMARK) - LED 277 30 30 EXTERIOR, FULL CUT -OFF ,WALL MOUNTED LED FIXTURE. VERIFY 10'-0"ALL A MXTOR-3A N w 68 CRI, 3500K w w w FINISH WITH ARCHITECT PRIOR TO ORDERING. OR A9 SHOWN ON w w w w 2273 LUMENS H H ARCHITECTURAL mmL11 � 1. ALL LIGHT FIXTURES AND LAMPS SHALL BE PROVIDED BY THE CONTRACTOR AND PURCHASED THROUGH SPROUTS NATIONALACCOUNT LIGHTING VENDOR. NESCO NATIONAL ACCOUNTS PRIMARY CONTACT. NANCY RAMDON-CONNOLLY, PHONE. (781) 8289494, FAX'. (781) 5751398, EMAIL SPROUTS@NESCOWEB COM 2. CATALOG NUMBERS SHALL NOT BE CONSIDERED COMPLETE AND MATERIAL SHALL NOT BE ORDERED BY MANUFACTURER AND CATALOG NUMBERS ONLY .FIRST READ COMPLETE DESCRIPTION NOTES AND SPECIFICATIONS IN CONJUCTION WITH THE CATALOG NUMBER TO DETERMINE THE EXACT MATERIALANO ACCESSORIES TO BE ORDERED. VERIFY FINISH AND COLOR WITH ARCHITECT PRIOR TO PLACING ORDER. THE MANUFACTURERS LISTED ARE THE BASIS FOR THE DESIGN. 3. REFER TO DIVISION 16 SPECIFICATIONS FOR ACCEPTABLE LAMP AND BALLAST MANUFACTURERS AND ADDITIONAL INFORMATION. 4. REFER TO LIGHTING PLANS AND ARCHITECTURAL DRAWINGS AND DETAILS FOR EXACT LOCATIONS, MOUNTING HEIGHTS AND ADDITIONAL MOUNTING INFORMATION PRIOR TO INSTALLATION. COORDINATE EXACT LOCATIONS OF ALL LIGHT FIXTURES WITH OWNER/TENANT PRIOR To ROUGHIN 5. CONTRACTOR SHALL SUPPLY A COMPLETE AND OPERATIONAL SYSTEM TO COMPLYWITH DESIGN INTENT. 6. REFER TO LIGHTING CONTACTOR SCHEDULE AND PANELBOARD SCHEDULES FOR CONTROL INFORMATION. �W LIGHT FIXTURE SHALL BE FURNISHED WITH COLD TEMPERATURE BALLAST SUITABLE FOR 0 DEGREE ENVIRONMENTS. H H H H H r .N r ♦a •N AA r1 SpRoUTS .N r H ♦� ]FARMERS MARKET M w M w b m m m$.. m �1 .. M* ♦'a Y' ♦'a ♦`0 ♦'a Y' w w Y' ♦�' ♦�' w Y' ♦`0 .^ H .^ ♦`0 ♦'a w .^ .^ ♦'a w H H m m a mPR IDEVVITH, m m N mm m a a ® m a m L H r r ♦� N .N .a H ♦a H ♦N H H H .N ♦a 4P 1 ♦'a .� .� SH .� .�' H wH w' H w' rW rW rW rW rW w' H' H w' .a .'d .'o rHENDERSON DENGINEERS! 5343 NORTH 16TH STREET, SUITE 460 FHOENIk AZ 85016 TEL 602 336 5200 FAx 602 336 5201 www.hell-mg.eem 1350001176 ED C W I February 20, 2014 m �o Drawn By: � Checked By: d m m O IW I WE li Q ♦� � I .N I I a w ♦ �^ NI Hi I O Vo mi H a m ti m a }IIS w w � .q I Iw I w m �H m b a H r r ♦a •� w w I H 1Sm m H m II .6 ♦m ♦m pl m w m ` H � H .y w � m m %1S I I .D .d w .IH m m m w I w w w 4-I w 0 N O I w w Iw I w w w w w N w w wll Iw II w Revisions ♦P FINAL SUBMITTAL 6/20/14 w w w wl w I I.w w w wll w w w w wl Iw I rHENDERSON DENGINEERS! 5343 NORTH 16TH STREET, SUITE 460 FHOENIk AZ 85016 TEL 602 336 5200 FAx 602 336 5201 www.hell-mg.eem 1350001176 ED C W I February 20, 2014 m �o Drawn By: O Checked By: ^' m O IW I WE li Q ♦� � I .N I IN H I a w ♦ �^ NI Hi I O Vo mi H li p p ui p }IIS + .✓I W r Ir w b wj b H H mll I w H H Ila H H wl .6 ♦m ♦m pl m ♦�♦ � of ♦'b I %1S V I r N .IH w I rHENDERSON DENGINEERS! 5343 NORTH 16TH STREET, SUITE 460 FHOENIk AZ 85016 TEL 602 336 5200 FAx 602 336 5201 www.hell-mg.eem 1350001176 ED C W I February 20, 2014 m C3-040 Drawn By: O Checked By: ^' O W E Q O IMN O Vo /I\ ------- W S L1H ♦ m .✓I W ♦ ♦m ♦m ♦m ♦m H H H H H H H H H H H ♦m ♦m ♦m ♦m N �? a7 w ♦'b I V N 0 N O Q O N 4♦ w Revisions ♦P FINAL SUBMITTAL 6/20/14 w m1S Z H w w w H H H w w w w w w w w w w w w w w w w w w .4 w . ♦ H w w w z o 0 0 o a O w w w w w w w w w w w w w w w w w w w w w w H H H w w w w w w w w w w w w w w w w w w w w w w w w w w w w w H H w w w w w m m m m ry m ti N 9 m m m a a a a m m m m m m m I m w ♦� w ♦� w ♦� w ♦� ------------------------------------ ♦� w w ♦� ♦� w ♦� w - w ♦� — ♦� w - w ♦� w ♦� w w -- m m m °a_ ----------N a — m o m o o r r 0 0 0 m___�__n a n — -- -- -- --- m o — — —�-- i-- --�--- -- -- -- --a--�'--- m m _ _ ____ w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w ♦ID w ♦ID w w w w w ♦P w ♦P w ♦P w ♦P w ♦`D w ♦`D rHENDERSON DENGINEERS! 5343 NORTH 16TH STREET, SUITE 460 FHOENIk AZ 85016 TEL 602 336 5200 FAx 602 336 5201 www.hell-mg.eem 1350001176 ED C W I MVG Marketplace Wheat Ridge, Colorado Date: February 20, 2014 Job No: C3-040 Drawn By: O Checked By: ^' O W E Q O O Vo /I\ W > m WCD ❑ 7 LL O Q m W W H N �? a7 1\Rlvunl/I W �a V N 0 N O Q O N Revisions FINAL SUBMITTAL 6/20/14 MVG Marketplace Wheat Ridge, Colorado Date: February 20, 2014 Job No: C3-040 Drawn By: KJH Checked By: OMM Drawing Title LOT 4 PHOTOMETRIC PLAN Sheet 7 of 8 PAINT COLOR A • 'IRISH CREAM' SW1107 SHERWIN WILLIAMS PAINT COLOR B • 'DROMEDARY CAMELSW1124 SHERWIN WILLIAMS PAINT COLOR 'RELIC BRONZE' SW 6132 C. SHERWIN WILLIAMS PAINT COLOR D • PAINT TO MATCH BRICK SHERWIN WILLIAMS E. ACME BRICK CR RED VELOUR OR EQUAL F ACME BRICK GOLDEN SUNSET OR EQUAL PAINT COLOR SW 6102'PORTABELLO' • SHERWIN WILLIAMS H ALUMINUM STOREFRONT SYSTEM CLEARANODIZED STANDING SEAM MTL ROOFING 'HUNTER GREEN' PAC -CLAD 1 F1 EN: 2 EIFS ACCENT FEATURE -C 7 SIGN ACCENT -F SIDE ELEVATION PAINTED - D BACK ELEVATION EIFS ACCENT STANDING SEAM FEATURE -C ROOFING - I 30'-8' / .I 12'-0' 12 7�3 n, SIGN E9 PAINTED EIFS CORNICE - G 12" HIGH BRICKACCENT BAND - H MURAL GRAPHIC AT \Z—ACCENT BAND - H ACCENT -F BRICK VENEER - E STOREFRONT FAUX STOREFRONT STOREFRONT 12" HIGH BRICK SYSTEM - H SYSTEM - H SYSTEM - H ACCENT -F FRONT ELEVATION SCALE: 3/32" = T-0" SCALE: 3/32" = T-0" C PAINTED TEXCOTE OVER TILT PANEL - A SCALE: 3/32" = T -03f ACCENT-F�yN 7 JYS 1 I=M - H SIDE ELEVATION SCALE: 3/32" = T-031 NOTE: SPECIFIC SIGN LOCATIONS AND DESIGN WILL BE APPROVED BY SEPARATE PROCESS. +100'-0" h FINISH FLOOR +119'-3" T.O. ACCENT Y +11r -o" T.O. STOREFRONT +106' $ T.O. SCREEN WALL +1034" B.O. CAP C� REVEAL U X501 8gg�a CVS V F — LL V i L6 N L U Q MVG Marketplace Wheat Ridge, Colorado Date: "1--r Job No: X Drawn By: o Checked By: ^`C W E O p go 0 (D VJ W m zN ^, O9 LL Q F� ni N� m wm wLL N Y ll d C a o 2 d Revisions Final Submittal - 06/20/14 MVG Marketplace Wheat Ridge, Colorado Date: March 21, 2014 Job No: X Drawn By: JB Checked By: JB Drawing Title BUILDING ELEVATIONS Sheet 8 of 8 �lw Cavity of 9OCtWh6atRd DEVELOPMENT Memorandum TO: Case file for Case S-14-01 / MVG Marketplace FROM: Lauren Mikulak, Senior Planner LATE: December 30, 2014 SUBJECT: Subdivision Improvement Agreement The subdivision improvement agreement (SIA) for the MVG Marketplace Sudivision Filing No. 1 includes the following provisions: + Installation Schedule: All perimeter improvements are installed in two (2) phases; v Phase 1: Improvements adjacent to Lots 2, 3, and 4 shall be complete with the first CO. Exception: landscaping, irrigation and street trees do not have to be installed with the first CO, but these must be installed b f 102015(para 6, ex C) • Phase 2: Improvements adjacent to Lot I (MomingStar) shall be complete with the CO. Exception: landscaping, irrigation and street trees do not have to be installed with the first CO but these must be installed by 6/1/.2015 (para 6, ex C) • If landscaping is not installed with CO, 125% financial guarantee is required. (para 10) • Maintenance: Developer is responsible for maintenance of landscaping and irrigation in the ROW in perpetuity. (para 6) • Perfonriance Guarantee: After completion, a 25% irrevocable letter of credit is required to be held during warranty period. (para 14) togetherTHIS AGREEMENT made this Of CITY OF WHEAT RIDGE, COLORADO 2014 by and between the , a home rule municipal corporation (the -City-), and Millennium Venture Group, Inc., a Delaware corporation, (the "Developer"), w The Developer is the owner of certain real property Ridge, which is more particularly described in Exhibit A and made a part hereof (the property-), commonly known as Kipling Ridge. .2014 the City Councilof Ridge, required publi�4ea--'"rings, approved the final plat for the Property titled MVG Marketplace Subdivision Filing No. 1. A copy of the Final Plat, is attached hereto as Exhibit 8 and incorporated The approvals cited above are contingent upon the express condition that all duties created by performed by i ! e r. AGREENIgLiT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: 1. ra - The purpose sAgreement is , set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and ate not intended to supersede any requirements contained therein. t^ 3. ..g. The Developer-• agrees o Pay City Development fees to the City for engineering, hydrological,surveying, legal, and other services development;rendered in connection with the review of the subdivision of the Property. 4. Up __y. Prior to recording of the final plat (or, if no plat is associated with the prior to and as a conditionapproval of a development by the City), a title commitment for all those portions of the property, interests in real property (easements, etc.) to be reserved for public purposes or :(.XX)694541X)CX 1, 11 dedicated to the City shall be provided to the City, The title commitment shall show that all such property is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable) which would make the dedication or reservation unacceptable as the City determines in its reasonable discretion. The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided within thirty (30) days after the recording of this Agreement, in an amount equal to the fair market value of the property so dedicated or reserved. 5. Breall,11 ��- I!','•v the Dell''ItH, t's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty day period the Developer may cure the breach described in the notice. 6. Public Imlorovements and Warrant �. All storm sewer lines, drainage structures, paved streets, including curb, gutter and sidewalk, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (the "Public Improvements" or "Improvements") as approved by the Director t(X)069454JXX-X /I � only such exceptions as shall be a roved in advatij l� Mull #11-Mulm- The Developer shall also warrant any and all Public Improvements which are conveyed to the City pursuant to this Agreement for a period of two (2) years from the date the City's Director of Public Works certifies that the same conform with the specifications approved by the City. The City shall inspect the Public Improvements within a Phase within fifteen 0 5) days after the City's receipt of written notice from the Developer that the Public Improvements within a Phase are complete. Specifically, but not by way of limitation, the Developer shall warrant the following - (a) That the title conveyed shall be marketable and its transfer rightful and any Public Improvements conveyed shall be free from any security interest or other lien or encumbrance. (b) Any Public Improvements so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above, (c) To the degree the Developer is required to install and maintain landscaping on public property, it is the obligation of Developer to maintain the required landscaping. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause, The Director shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and I g0(X)69454JX)CX/ I ) progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be final. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertag whether the work being performed, or the work which has been completed, is in Rccordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as Vii.ision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans and specifications. He will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used, The inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for Developer. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 9. Com2letion of Public I The obligations of the Developer provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be performed on or before December 31, 2016, and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the City's Director of Public Works or designee, shall inspect the Improvements and certify with speccity its conformity or lack thereof to the City's specifications, The Developer shall make all corrections necessary to bring the Improvements into conformity with the City's specifications. Once approved by the City's Director of Public Works, the City shall accept said Improvements upon conveyance; provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. MZM�� one hundred and twenty five percent (125%) of the cost of installation, Letters of credit or escrows shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted and the irrigation is installed and functional. The amount of the escrow or letter of credit shall be based on the itemized cost estimate in Exhibit E. Should the required landscaping not be properly installed upon the expiration of the letter of credit or escrow account, the city reserves the right to use such funds to have the required landscaping placed upon the subject premises. Any costs incurred by the city in excess of the funds provided by the letter of credit or escrow shall be recovered by the city through normal lien proceedings. 11. Er -O. Developer, at its expense, shall continuously maintai adequate protection of all Improvements from damage prior to acceptance by the Ci and shall protect the Citys property from injury and loss arising in connection with thi Agreement. Developer shall make good any such damage, injury or loss except su as may be caused directly by authorized agents or employees of the City. DevelopI shall adequately protect adjacent property and shall provide and maintain at passageways, guard fences, lights and other facilities for protection required by publi authority or local conditions. 12Bieiated-CMIS The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at Its sole cost and expense, including final drainage study letter and as -built drawings certified by -a professional engineer registered in the State of Colorado. 100069454,F)OCX / I ) 15, Lndemnification. The Developer shall indemnify and hold harmless t City and its officers, employees, agents or servants from any and all suits, actions, a claims of every nature and description caused by, arising from or on account of th Agreement any act or omission of the Developer, or of any other person or entity whose act or omission the Developer is liable, with respect to the ale Improvemen and the Developer shall pay any and all judgments rendered against the City as a res of any suit, action, or claim which is as a result of the acts or omissions of (i) Develope or (4) any other person or entity for whose act or omission the Developer is habl twje441eP--YAh �,aurr&#'-by4K, in defending any such suit, action or claim, M Waiver of., �efects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and conceming the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 17. IT th kir d P _EpIly Beneficiaries, There are and shall be no third party beneficiaries to this Agreement. 18. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument, Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction, 19- it is expressly understood, that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 20. Cap—tions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof, 21. This Agreement shall be binding as and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 2Z deemed or constitute a C nor shall such waiver co ded, nor shall the waiver of any default t default hereunder. 21 Invalid _Erovision, If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then Such determination shall not affect arim other ygovision hereof, ill *Uf,-e * kr effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 26. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below, Either party by notice so given may change the address to which future notices shall be sent. 2383MM F17 1110117T Attn,- Jon Rankin 1509 York Street, 3rd Floor Denver, CO 80206 27Force -- Maieur - e, Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 28, There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 29. Recordini"I nf Anno- - - '. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof, 30. Title and AULhority. The Developer expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written, (0(X)69454D0CX I I ) I CITY OF WHEAT RIDGE, COLORADO By: ATTEST. Jf ?e I llel-h'a ke r, C �it y C I �er k � � A' 'AS FOR l 1` t C� aht, tty Attram-ey )69414,1)(,K'X MILLENNIUM VENTURE GROUP, Delaware corporation STATE OF COLORADO ss. COUNTY OF The foregoing instrument was acknowledgi�-?d before me this da,� of ,)QvC_, 2014, by as �2of �illennium Venture Group, Inc., a Del corporation. onrM. My commission expires: Notary Public (00069454,I)MA / I ) THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2368 AT PAGE 731, BOOK 2128 AT PAGE 357 AND BOOK 2371 AT PAGE RECORDS FOLLOWING THREE (3) COURSES $00'12'38-E+ DISTANCE OF 18995 2) THENCE +*5.00 FEET; 3) THENCE SOOl 238-E A DISTANCE*FEET TO A ' POINT ON SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE S89'14'43" ALONG SAID SOUTH BEINGTO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH KLINE STREET, POINT ID 20.00MEASURED M !h Oil9RPERPENDICULAR k YM • : y i THE WEST LINE OF THE EAST l NORTHEAST lYt M + .. QUARTER iQ i6 Mp:AOF . THEAST QUARTER OF SECTION 28; •' : �, � J1 Mir � 1. M � '. ((XX)69454, [X,)CX / I � m OW"'S CVfW-AlE m. wallrrr aplalr mP/. 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J wOn J r rm M1Ar srRvrJ K rwvmn rut w ARr A[r tAaarn .oar wAa w K rove wawa-mr,mo. 0mr ilR a+' NO Ma. IMIx Iwwam m Q RJY••ID Ales RRYso�Oa� Twat a nut a® trot •array rr¢n RrAu s aa,AlID Ara.c Au wn As eAnx r oarlar .r K pw an Anwory a K RR nr Mor ul rip !-,gyp CR4W AOCM EASEMENT K Ow0 a Ipn I, x a Ales • r es AaawwawAv wo„ma, laser e r r aav�a Ales Arwwa mwn A las�ymr fArrpR IYr lapwr Ares loCa.•r ap?m AarDm K nalrrc alrAa w ow.t Ann v apn a s � As • r wrD wrRwwaAo wine •alrp 4 l EASONNTS JAmn Am — --w— — a K IY[ was GaOOIn al pp7vaa q K erwuaa aarwm .r RfpDraaR' bw •.ID!!( lA/O �r1W1 � L IwrlrY IaN MY ACem ulaaw M ArIrR taun r K lwllmpR rarwar mucaso M we Km swJ Iwr e Iprri wM w von rAmra STORM ORANAGE EASEh"i K Sral arwrm rAmnu wam K -- rmir — u tri r0 Lamlar 1WJ f aw.aca Are attar. A K O. Ales Ylaal lova w K rot wr wl m�ri c�iDr�owwila s rot rawaID R w .Rest K pn m wwu les awes. wr K w w de aaa A4 K IMOY RSOar/ Mal K mR a wrW w •wwa lqa ■a�rl As Alwwl Amm w r.. m l.awR a naA:as a4 m awaaav w K mrwaar ARA M i wrra m wrote Awaemw K rlrplrArr/e pRMY.rpmp v K arLe lmA ru m aaAm ■eon K AwwwRr v K OaarCpa s rm< ran PL4AV l+C COMMIS94ON CDfTRJGROIf avR K rt r � �.tMMrWm� wr p�. ram OTY wrincArcm AwV,m M _ pAr O A• /. K rrAr im Ory anAp •!Qt wlC'I��1�'pll SLOVE- N'S CMYVX1Tr rpwOW.A m Maar MwY aYr K wwwr O K 'a awe R+wwwaa acne rut rn d aaAm r m rm ,n prover waver As w K m n• n lsrowmz •rune ro rm. w Aooaw•la lr Au ArwJCArr maw nAanoa arar wm awe u Aemr K ACDwIMfrR IUI ACpla4r IOR®Ila w lwrr COW CLOW AAO RECORLERS CERT )rWr avn a meow f 1 IOar OBIT. NA! N Mr v Rm w K pAr r K OgAln aAt arLpml O mem• pawn Ar dpoa marAoa A'.. R D• K _MIP _. .� ID• Aq w wxw _. _ __ •Ar __ ROOrpr alo ___� mom. min aw As Icmwm CAN HIPORY rFr•-w wr•M �, ry}y lM i i VKW:TY YM ri GEP4 RAL NOTES 1. wur t o ata Ma feaRl K m � •� wAwawr. un w f IORYtD .rle (.Orli (Allan ID A M •4 r. J wOn J r rm M1Ar srRvrJ K rwvmn rut w ARr A[r tAaarn .oar wAa w K rove wawa-mr,mo. 0mr ilR a+' NO Ma. IMIx Iwwam m Q RJY••ID Ales RRYso�Oa� Twat a nut a® trot •array rr¢n RrAu s aa,AlID Ara.c Au wn As eAnx r oarlar .r K pw an Anwory a K RR nr Mor ul rip !-,gyp CR4W AOCM EASEMENT K Ow0 a Ipn I, x a Ales • r es AaawwawAv wo„ma, laser e r r aav�a Ales Arwwa mwn A las�ymr fArrpR IYr lapwr Ares loCa.•r ap?m AarDm K nalrrc alrAa w ow.t Ann v apn a s � As • r wrD wrRwwaAo wine •alrp 4 l EASONNTS JAmn Am — --w— — a K IY[ was GaOOIn al pp7vaa q K erwuaa aarwm .r RfpDraaR' bw •.ID!!( lA/O �r1W1 � L IwrlrY IaN MY ACem ulaaw M ArIrR taun r K lwllmpR rarwar mucaso M we Km swJ Iwr e Iprri wM w von rAmra STORM ORANAGE EASEh"i K Sral arwrm rAmnu wam K -- rmir — u tri r0 Lamlar 1WJ f aw.aca Are attar. A K O. Ales Ylaal lova w K rot wr wl m�ri c�iDr�owwila s rot rawaID R w .Rest K pn m wwu les awes. wr K w w de aaa A4 K IMOY RSOar/ Mal K mR a wrW w •wwa lqa ■a�rl As Alwwl Amm w r.. m l.awR a naA:as a4 m awaaav w K mrwaar ARA M i wrra m wrote Awaemw K rlrplrArr/e pRMY.rpmp v K arLe lmA ru m aaAm ■eon K AwwwRr v K OaarCpa s rm< ran PL4AV l+C COMMIS94ON CDfTRJGROIf avR K rt r � �.tMMrWm� wr p�. ram OTY wrincArcm AwV,m M _ pAr O A• /. K rrAr im Ory anAp •!Qt wlC'I��1�'pll SLOVE- N'S CMYVX1Tr rpwOW.A m Maar MwY aYr K wwwr O K 'a awe R+wwwaa acne rut rn d aaAm r m rm ,n prover waver As w K m n• n lsrowmz •rune ro rm. w Aooaw•la lr Au ArwJCArr maw nAanoa arar wm awe u Aemr K ACDwIMfrR IUI ACpla4r IOR®Ila w lwrr COW CLOW AAO RECORLERS CERT )rWr avn a meow f 1 IOar OBIT. NA! N Mr v Rm w K pAr r K OgAln aAt arLpml O mem• pawn Ar dpoa marAoa A'.. R D• K _MIP _. .� ID• Aq w wxw _. _ __ •Ar __ ROOrpr alo ___� mom. min aw As Icmwm CAN HIPORY rFr•-w wr•M �, _ Lor 1CONS(,troA UM�A 1:10 UNL4CENIrCD 66 ,Ai ROQ' DRoVP —a Lor r na+ PLAT AYDCD STA TIONm No�o15 �• � 1.11A TIED „o �r�.• rur - Y JALTM Ar •.>•. rYlhJ w a. r )y nlO _ K frffJar. J..J_� _Teri 1 r W K Jlr) 49r EI —a ..A. I I rppaa� � L+c it� i Pg� LII PARML 2 inn i PARCEL 4 �wrn PARfII +_*ras[ rnlr Ir Vit` o 5 Ail;v 7'3I 'wT MZ' i C11 -ft 40IT 6 -1 1 amar• . < LOT 18 1OT 1 t vAu[. NSrA � I � co® ux �ofvr .00lm r+we nAD ••••... PARM 1 0 -TE -1 — �Z"10 871 U • I!S r0' PA=" Lor ELLER BP'NSON frrra. JUJnA, AJr JrM, nH m >•1/.� Alar rof far NWO NAHKIEM&C IE SM o DOM080 o0H IFOLOHO a00 9 A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS OETAI •A' scar 1' - ra lECE17D `f1Nr m .oc.n .mo rwo p .oc.io rf.nfrD wwufia• rc3 A,Jun ulnen waw wt W SCM! n nucl •.' wwr-d-rr 4- .i`i f. �a0 fn[M Q6G Mr ,r am�Jr .can rafo .oAwo.r u r afo_m wnua acm• Ac au+x. frcso+,AAz .oc.n rovn / wl uA, ----- +ac•n wrrr c.r CASE HISTORY fJ►NSI rfP-,..Ar !J•N r nM1.Ar v i �!� .. +P1011tV � n NF.N00'Op• s 8!-I i ' w ".7t&03. �rsr"i ^ /07] CONSOLIDArnON PLAT UNPlA 11E0 .`+� .NEAT AMOCO STA OON r E DEN rA�p70DP VNPLArno N°W5211 [ r A PARCEL SITUATE IN THE NE 1/4, SECTION 28, W'\ fn �iir MST JLPkK ArA IMr t[f Mr R- W K SJy � v P.ac 1 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON. :}r rwarrl AS STATE OF COLORADO 1 Lot re for 1 IBM �; 1 VALLEY NSTA vu . so-AcsAaJ• �,� l� w..w.-- � r i t errr rrs 9 a '� LOT 1 I �� I • LOT T •q ,50 1, aAsftwit !_ M �t yM[AK OW i 1 AW— I „YOV sf l` _ r nM1.Ar v i �!� .. +P1011tV � n NF.N00'Op• s 8!-I i ' w ".7t&03. �rsr"i / uA— _[M/ry 's sr 1 Tp.% ARCA 'mmmtt i I as �meeY MAC At" 1,1v v. LOT L acts o-( ss ver • �I ^ w .77TH PLACE K ra,A K ,1I CrRCIE K �..A.LnsAo'°tev`JCO 41 4 8071' ver 1•�N o��0 r A PARCEL SITUATE IN THE NE 1/4, SECTION 28, CS -N CS4=40' M ! t TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., P.ac 1 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON. :}r rwarrl AS STATE OF COLORADO 1 Lot re for 1 !'I �; 1 VALLEY NSTA vu . r rraR Ad 1 i I i ---- / uA— _[M/ry 's sr 1 Tp.% ARCA 'mmmtt i I as �meeY MAC At" 1,1v v. LOT L acts o-( ss ver • �I STOW SEYEa LMC TAB ! LIME 1DISTANCE BEAN*G tMC Mt -CE aEAR � AA•..arf vp - �) [ s@WTIg• •It wrA` �rA/A • A!•IAf 6I AwNA• ( a � Mt I Ar fAIVY1 f 4444 • rtws[ •twsr•( rtsrs t rVr• W, 355 AK �w LOT 1-A 'i••'r" FILERR BD,N90N •rr• CrRCIE K �..A.LnsAo'°tev`JCO -44 uaQ AY stAtt f.) waCA rts A[[°c A.orrfb N •nc.m r.aro AroruAa, a3 .Duns n.c�r .aaror.b 0 o -r. ver 1•�N o��0 r A PARCEL SITUATE IN THE NE 1/4, SECTION 28, n/. Aa sc s ! t TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., P.ac 1 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON. :}r rwarrl AS STATE OF COLORADO cAr u u[u w �• Lor oEIAa A• SHEET 3 OF 3 !'I �; TO BE PLATTED STOW SEYEa LMC TAB ! LIME 1DISTANCE BEAN*G tMC Mt -CE aEAR � AA•..arf vp - �) [ s@WTIg• •It wrA` �rA/A • A!•IAf 6I AwNA• ( a � Mt I Ar fAIVY1 f 4444 • rtws[ •twsr•( rtsrs t rVr• low_ en4 IT ts 14W A W, 355 AK �w LOT 1-A 'i••'r" FILERR BD,N90N •rr• �r i -44 uaQ AY stAtt f.) waCA rts A[[°c A.orrfb N •nc.m r.aro AroruAa, a3 .Duns n.c�r .aaror.b 0 o -r. ver 1•�N o��0 r 4+011 .traub n/. Aa sc s ! t o YN s..w ,•. sr •or as YC 0 / ouvrtl yrr wAAarr Y ossa..[. 1 Y1 Irrt d rwarrl AS � Roc(rts wrra.R /Nor ir) ' �; 40lA r`w rt( at /044144 r low_ en4 IT ts 14W A ^�tA•oT x y OETAX •B• OE rAAL Y 140115: cr�oerri a rA:ao.n o limo :u ri +wive: rrc.�`oc u:}irn ri-O-ter r. ArO ARI O it((al°. qA4 K Qm 1/a m.AlAOIr fU �w Ar l.Arr .A[ WiwQ ta►An wrtcAr ver ocrm �. ,ors wtim •Y. 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R� rrarARA wJrr r r rr.lua.r ar,�A aA.6y ra r...rR 40.44 CASE Iaf70Rr fs.N-w 1♦IYN W, 355 AK �w LOT 1-A 'i••'r" FILERR BD,N90N •rr• 1 ver y 1 n/. Aa sc s A a�i°.w'fo• LOT [w ar/•' 6w w ss alNs w 1 1 Irrt d � srao�ar. w,.nTn IU,JIrr7 40lA r`w vu . r rraR Ad 1 i I ^�tA•oT x y OETAX •B• OE rAAL Y 140115: cr�oerri a rA:ao.n o limo :u ri +wive: rrc.�`oc u:}irn ri-O-ter r. ArO ARI O it((al°. qA4 K Qm 1/a m.AlAOIr fU �w Ar l.Arr .A[ WiwQ ta►An wrtcAr ver ocrm �. ,ors wtim •Y. AMM Ata n AI. .A, WYAYQ mlAn. ORAr AAr x awa At auu •r. r 1 1 oarA(r} IJYtC.r ofor n,. -sa1 wa RorAl.. •.r Ara .cs-Ls[t°o-w n ,fn, � .[[ ArsuAp oa�A.r - .cz aRrcAr wa rlsu.A. A. sa. I ratQ - V,(AiwAi q [LLaa(M lAa qy ANI (YA...p Arr�fi ACb Yf0 1144 .., OVICr i M Wl r.w .AQ RAq ✓4A ,wir .rI Vr0 Wr iSI[Cr r AO laQ�. Arn ACb Mtm t•Or Ar. alRCr w M aAK. R fWU}'m .OR I[r K.M[ r.W M vert D K targrwb f9Ar r[f.OM J AA.6 D t•A.AGt 4 Y1m N..I K (YI yA[ O K OA.tlr y.Aq. r SW aCb 1• Y rbI O. 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R� rrarARA wJrr r r rr.lua.r ar,�A aA.6y ra r...rR 40.44 CASE Iaf70Rr fs.N-w 1♦IYN A R r x LU $ m CL k .c @ cn � % c & E \ 0 a E k CL 0 $ � 3 � N 22K D§ 4-- 0m . q § � 2 .S2E ° (D £ c n o .% ° °C � o $ § �� § \ �§ 02M _j LM 07@�' ° ° 22 �= c 2 2 . e d) a 0 @ 0— %tea q c ■6o ■ � £L 2 6' C%4 ƒ E § % �� d « J ■ U) o v<c v±E� c E 2 m� m c ■ m CL . % o p E c cl § § § c S S 00 0220 2 •E o 4- -0 k &�00 a3� oa �o q 0 2 S m m :3® ' D c£ ::2��� q . 32 U f) (n co §E 0) 0)x c @ o a) % j \ a) C:2.c 0 m 00 @ 2 0 0 E E a>, i�E CL ¢£>ƒ2 4)c CL kQ) m o'£� m E E: *§@ 0§ E a-� CL E 2 O k S ' § S (indicates Uwr Defined Data) (Bank Letterhead) LETTER OF CREDIT # (L.O.0#) BENEFICIARY: The City of Wheat Ridge ADDRESS: 7500 West 29h Avenue, Wheat Ridge, CO 80033 17 DATE: (Date of Issue) EXPIRY DATE: (Exp. Date) H-132 VM #1 "MMOWTV! -1-11 -1 "AUMH For: (Developer's Name) (Developer's Address) We hereby open our IRREVOCABLE STANDBY LETTER OF CREDIT in Your favor available by your drafts drawn on (Bank Name, and Address) for any sura or sums not to exceed in total (Amount of L.O.C.). We hereby authorize you to draw on us for the account of (Developer's Name) up to an aggregate amount of (Amount of L. .C.) (engineer's estimated cost of improvements) available by your drafts at sight for One Hundred and Twenty Five percent (125.0%) invoice value accompanied by your signed statement that the above is; 1) drawn in payment of street improv, entents including, but not limited to, curls, utter, sidewalk, asphalt patching, street paving, and other street improvements associated with this development, and/or 2) drawn it, Payment of storm drainage improvements including, but not limited to, detention pond grading, pond outlet structure(s), stonit sewer system, and other drainage facilities associated with this development, Drafts must be accompanied by 1) a sight draft; 2) a signed statement by an authorized representafivce of the Beneficiary stating as follows: "We hereby certify that the amount of ourdraft represents funds owed to the City of Alla Ridge for payment obligations pursuant to the conditions stated above, between (Developer's Name) and the City of Wheat Ridge," 3) This original Letter of Credit. Each draft must bear upon its face a clause "Drawn under Letter of Credit No(L-OC C, #) dated (Date of Issue), This IRREVOCABLE STANDBY LETTER OF CREDIT is not transferable. We hereby agree with you that drafts drawn under and in compliance with the terms of the Letter of Credit will be duty honored if presented to the above mentioned drawee Bank- on or before (Exp, Date). Except as otherwise expressly stated herein, this Letter of Credit and all neg otiations hereunder are subject to all applicable provisions of Uniform Customs and Practices for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 5K M= HIRRIMM By= (Name and Title of Batik Officer) Kip€inn Ridge, SIA Exhibit Public Ymprovernent.s Agreement Cost 1}p€r ion DESCR Pi'lON QUANTITY UNIT UNIT PRICE COST Earthwork & Storrtawter Nraa t Site Preparation 105,130 SF $0,76 $79,377 Concrete Washout I GS $65,342.37 $65,342 Stabilized Construction Entrance 1 LS 527,704.76 $17.7135 Staging Area 105,130 SF $0,02 $2.597 Erosion Control Maintenance 105,130 SF $(r79 $83,2613 Erosion Control Management 1()5.1313 SF $0,16 $1E,714 Temporary Erosion Control 105,130 SF $11,15 x15,558 Total $280,553 aatfway Bus Stop Concrete 892 SF $23,16 $243,656 Site utilities 105,130 SF $11.6 $68,882 Storm Drain Lines 912 LF $1,359,92 $122.356 Water Gimes 227 LF $231,86 $29,447 Curb and GuPei 8134 LF $32.56 $26.262 sidewalk 1,803 GF $27.66 $49,868 Crosspan 722 5F $29,61 $20,656 ADA accessible Ramp 532 SF $16,t"s7 $8,852 Kipling Street Paving 773 SY $7S 46 $58,332 Pedestrian and Street Lights 22 EA 56,1M92 5131,858 Asphalt Patch at PTC) Chives 24 SY $722.53 $3,176 Surveying 7 LS $7,441.43 $7,441 Epoxy Pavement Marking 2 LS $13,278,57 $13,:79. Management I LS $11,623.77 $11,624. Traffic Controi I LS $28,874.41 $28,874 Monument Signage i LS $61,098.26 $61,,1248 Site Se ria e 1 L $558,22 $558 Total $666,221 Str C ii Mira TS Light Pole i EA $32,635.78 $32,6 6 Lurninaire I EA $802,62 $803 TratticSignais 5 EA $1.972,31 $9.862 Ped Head 2 EA $873.43 $1,747 Peri PEI 2 EA $466,23 $932 Letup 3 EA $1,739.07 $5.2215 Reset Opticum I FA $IA33,10 $1,133 Conduit 385 LF $34,1.2 $13,.1.37: Putl Box I EA $1,469:501 51,469 Lane Control Signs, 2 EA $33639 $673 Wiring 1 LS $8,875,99 $8,876 Remove Existing Signal Ettuspment 1 LS $4;184.23 $4.284 Street orae Signs 1 EACH $784,.91 $785 "Traffic Controi 1 LS $16,7601.51 $16,,761 Mobilization 1 LS $6,302:9t? $6,30 Total $5114,9175 3�rri 6 Landscaping )4102 SF 59,59 $73,0401 Tota! $1.122,3202 1� I Commitment ".•- s r age omp 1125 17th Street, Suite 750 Denver, Colorado 80202 Phone: (303)876-1112 Fax:(877)23S-9185 DATE: September 08, 2014 FILE NUMBER: NCS -689290 -CO PROPERTY ADDRESS: 10101 West 37th Place, Wheat Ridge, CO 80033 OWNER/BUYER: Millennium Venture Group, YOUR REFERENCE NUMBER: Wheat Ridge properties ASSESSOR PARCEL NUMBER: 39-281-00-005 (PI), 39-281-00-002 (P2), 39-281-00-004 (P3), 39-281-00-001 (P4) PLEASE RErIE'44� ThE EACLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal - Revision No.: Schedule A: Schedule 6 - Section I Requirements: Schedule 8 - Section 2 Exceptions: [IMMIN TO: First American Title Insurance TITLE OFFICER: 3ef Stanton Company National Commercial Services 1125 17th Street, Suite 750 PHONE: (360)298-5079 Denver, Colorado 80202 FAX: (877)235-9185 E-MAIL: jstanton@firstam.com DELIVERY: E-MAIL TO: First American Title Insurance ESCROW Sonya Bailey Company National Commercial OFFICER: Services 1125 17th Street, Suite 750 PHONE: (303)876-1132 Denver, CO 80202 FAX: (877)235-9185 E-MAIL: sonyabailey@firstam.com DELIVERY: E-MAIL To: First American Title Insurance ATTIC: Stephen Sanders Company National Commercial Services 1125 17th Street, Suite 750 PHONE: (303)876-1133 Denver, CO 80202 MOBILE: (303)704-1878 FAX: (877)235-9185 E-MAIL: stephensanders@flmtam.com First American Title insurance company To: Development 1509 York St Fl 3 Denver, CO 80206 First American Tit►e Insurance Company Commitment Rage Commitment Number: [SCS -6892901 -CG DELIVERY: E-MAIL. ATt"N: Virginia O'Connor PHONE: (303)339-53.83 MOBILE: (303)335-7084 FAX. (303) -4944 E-MAIL. voconnor@mvgdev.com DELIVERY: E-MAIL First American Tit►e Insurance Company ALTA Commitment (6-17-06) Commitment Page 3 Commitment Number: NCS-689290-CO ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by FrstAnxercan Title Insurance Company First American Title insurance Company, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company, All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Gate or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company, The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized off=icers on the date shown in Schedule A. First Amwkan '° yr S J, C4, We ftskWAt m4l V. fi404�� JoiMy $. Rob""" r Fiat American Tide Insurance Company Commitment Page 4 COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE L Effective Date: August 29, 2014 at 5:00 p.m. a. ALTA Owner's Policy (06-17-06) $Cl o Proposed Insured: None b. ALTA Loan Policy (06-17-06) Proposed Insured: None M#Z 2. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 3. Title to the estate or interest in the Land is at the Effective Date vested in: Millennium Venture Group, Inc., a Delaware corporation, as to Parcels 1, 3 and 4 and Millennium Venture Group, Inc., a Delaware corporation doing business as MVG Development, as to Parcel 2 4. The Land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto and made a part hereof For informational purposes only: 10101 West 37th Place, Wheat Ridge, Colorado 80033 First American Title Insurance Company LUx1U-3A]U described as follows: OF=Umj�* �VT IM All fix Commitment •.#- d e age EXCEPTING therefrom the portions described in Book 1579 at Page 296 and in Book 1969 at Page 800 and in Book 1970 at Page 1 of the Jefferson County records, County of Jefferson, State of Colorado. Parcel 2: A parcel of land in the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 28, Township 3 South, Range 69 West of the 6th Principle Meridian, County of Jefferson, State of Colorado, described as follows: Beginning at a point which is 30 feet South and 30 West of the Northeast corner of said Section 28; Thence South 100 feet along the West line of Kipling Street to the True Point of Beginning; Thence South along the West line of Kipling Street, a distance of 100 feet; Thence West and parallel to the South line of West 38th Avenue, a distance of 125 feet; Thence North and parallel to the West line of Kipling Street, a distance of 100 feet; Thence East and parallel to the South line of West 38th Avenue, a distance of 125 feet to the True Point of Beginning, EXCEPT that portion conveyed to the Department of Highways by Deed recorded August 27, 1969 in Book 2128 at Page 357, County of Jefferson, State of Colorado, First American Title Insurance Company ALTA Commitment (6-17-06) Commitment Page 6 Commitment Number: NCS -689290 -CO Parcel 3: The following described real estate situated in the City of Wheatridge, County of Jefferson and State of Colorado, bounded and described as follows, to -wit; That part of the NEI/4 NE1/4 NE1/4 of Section 28, Township 3 South, Range 69 West of the described as follows: point 230 feet South o e Nort ne sa on; ence a Fly, pa wl Section 28, a distance of 125 feet to the True Point of Beginning, EXCEPTING therefrom that certain parcel conveyed to the Department of Highways and described as: A tract or parcel of land No. 146 of the State Department of Highways, Division of Highways, State of Colorado, Project No. U 044-1 (3) Section 2, in the NEI/4 of Section 28, Township 3 South, Range 69 West of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point which is South along the East line of the NEI/4 of Section 28, a distance of 230.0 -1VU,-W4 _f%V-p corner of Section 28, T3S, R69W; 1, Thence South, parallel with the East line of the NEI/4 of Section 28, a distance of 436.09 feet to the South property line; 2. Thence East, along the South property line a distance of 15.0 feet to the SE property corner; 3. Thence North, along the East property line, a distance of 436.09 feet; 4. Thence West, parallel with the North line of the NE1/4 of Section 28, a distance of 15.0 feet, more or less, to the Point of Beginning, County of Jefferson, State of Colorado. Parcel 4* The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet of the East half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, EXCEPT that portion thereof conveyed to The City of Wheat Ridge, Colorado by Deeds recorded November 10, 1972 in Book 2444 at Pages 376 and 377, ALTA Commitment (6-17-06) Commitment Page 7 Commitment Number: NCS -689290 -CO County of .Jefferson, State of Colorado. For informational purposes only: APN(s): 39-281.-00-005 (Pl), 39-281-00-002 (P2), 39-281-00- 004 (P3), 39-281-00-001 (P4) First American Title Insurance Company Commitment Page 8 ommitment Number: NCS -689290 -CO COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE 8 SECTION ONE REQUIREMENTS The following requirements must be met: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Payment of all taxes and assessments now due and payable. This commitment is issued for informational purposes only and is subject to further requirements and/or exceptions upon disclosure to the Company of the proposed insured. Liability is limited to the amount paid for this report. i First American Title Insurance Company Piel 11;4701� 61;01 # Commitment Page 9 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unle the same are disposed of to the satisfaction of the Company: i 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records, 6. Terms, conditions, provisions, obligations and agreements as set forth in the Agreement recorded January 13, 1915 in Book 183 at Page 401 7. Any tax, lien, fee or assessment by reason of inclusion of subject property in the Wheat Ridge Fire Protection District, as evidenced by instrument recorded October 7, 1971 in Book 2305 at Page 895, 8. Restrictions as set forth in Deed recorded October 19, 1971 in Book 2308 at Page 952. 9. Terms, conditions, provisions, obligations and agreements as set forth in the Reciprocal Licen Agreement recorded October 19, 1971 in Book 2308 at Page 955, 0od s1l. 1. An easement fr utilities an•incidep ntal urposes ged o o ranttthe Muntain States Telephone a Telegraph Company, a Colorado corporation, as set forth in an instrument recorded April 24, 1974 in Book 2615 at Page 289 and re-recorded November 29, 1974 in Book 2684 at Page 19! 11. Covenants, conditions, restrictions and provisions as set forth in Covenants and Restrictions Respecting Unified Ownership of Property recorded October 30, 1974 in Book 2676 at Page 37' First American Tide insurance Company Commitment Page 10 milial race, color refiaicin, sex i handicaj, fa I I 11N -121CAMIJIL ing 12. Terms, conditions, provisions, obligations and agreements as set forth in the Developmeril Agreement recorded December 3, 1974 in Book 2685 at Page 316. 13. Lien by the City of Wheatridge in the amount of $230.00 recorded August 23, 2012 at Reception No. 2012089419. 14. Deed of Trust from TPR Acquisition Group LLC to the Public Trustee of Jefferson County for the use of Canon National Bank to secure an indebtedness in the principal sum of $560,000.00, and any other amounts and/or obligations secured thereby, dated February 15, 2013 and recorded February 19, 2013 at Reception No. 2013019634. Reception No. 2013019635. 16. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Agreement recorded October 31, 1961 in Book 1420 at page 342. 17. Terms, conditions, provisions, obligations and agreements as set forth in the Assignment of Right to Purchase Water Annually recorded June 30, 1978 at Reception No. 78059222 and re-recorded August 31, 1978 at Reception No. 78080580. 18. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Street Light Utility Easement recorded July 1, 2009 at Reception No. 2009064728. 111111111 11111 11 11 iiiiiiliii q1 1111 qp11 19. An easement for telephone lines and incidental purposes granted to Mountain States Telephone and Telegraph Company, as set forth in an instrument recorded February 6, 1962 in Book 1446 at Page 569. 20. Restriction as set forth in Deed recorded July 12, 1962 in Book 1497 at Page 500, 21, An easement for utilities and incidental purposes granted to Public Service COmpany of Colorado, as set forth in an instrument recorded November 7, 1967 in Book 1979 at Page 107. 22. Terms, conditions, provisions, obligations and agreements as set forth in the Reciprocal License Agreement recorded October 19, 1971 in Book 2308 to Page 955. 23. All matters as set forth on Improvement Survey Plat recorded October 19, 1971 in Book 2308 at Page 955. 24. Deed of Trust from Peter -Jacob Investments, LLC, a Colorado limited liability company to the Public Trustee of Jefferson County for the use of Bank of Choice Colorado Arvada to secure an indebtedness in the principal sum of $1,000,000.00, and any other amounts and/or obligations secured thereby, dated June 28, 2007 and recorded June 29, 2007 at Reception No. 2007076121 First American Title Insurance Company ALTA Commitment (6-17-06) Commitment Page 11 Commitment Number: NCS -689290 -CO Note: Modification of Deed of Trust in connection therewith recorded February 22, 2008 at Reception No, 2008016301. Note: Assignment of Deed of Trust to Federal Deposit Insurance Corporation in its capacity as Receiver for Bank of Choice, Greeley, CO, recorded February 11, 2013 at Reception No. 2013016715. 25. Financing Statement between Peter -Jacob Investments, LLC, a Colorado limited liability company, as debtor, and Federal Deposit Insurance Corporation in its capacity as Receiver for Bank of Choice, as secured party, recorded November 22, 2011 at Reception No. 2011105956. 26. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Traffic Signal Easement recorded July 21, 1975 in Book 2750 at Page 648, 27. Terms, conditions, provisions, obligations, easements and agreements as set forth In the Assignment of Right to Purchase Water Annually from the Rocky Mountain Water Company recorded June 30, 1978 at Reception No, 78059222 and re-recorded August 31, 1978 at Reception No. 78080580. 28. An easement for traffic devices and walkways and incidental purposes granted to Department of Transportation, State of Colorado, as set forth in an instrument recorded December 2, 2005 at Reception No. 2005122080. 29, Water rights, claims or title to water, whether or not shown by the public records. Informational commitment Commitment Page 12 Commitment Number: NCS -689290 -CO EXHIBIT 8 Statement of Charges $750.00 $100.00 First American Title Insurance Company • L' 0 1 • Commitment Page 13 The term mortgage, when used herein, shall include deed • trust, trust is=-•. or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 8 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed •# shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this • accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 1 Uability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment, in no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein, 4. This Commitment is a contract to issue one or more tide insurance policies and is not an abstract • title or a report of the condition • title. Any action or actions or rights • action that the proposed insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment, 5The policy to be issued contains an arbitration clause, All arbitrable matters when the Amount Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or Insured as the exclusive remedy of the parties, You may review a copy of the arbitration rules http://www.alta.org/. ALTA Commitment (6-17-06) Commitment Page 14 Commitment Number: NCS -689290 -CO First Amerkan 77de 10101MA09 I Privacy Inforoustion We Are Committed to Safeguarding Custoluek Inflartnatkall In order to better serve your needs now and in the future, we may ask you to provide us with certain information, We understand that You may be concerned about what we will do with Stich information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us, Therefore, together with our Subsidiaries we have adopted this Privacy Policy to govern tire use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use, information ere have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern out use of personal information regardless of its sotirce. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Infrouration we receive from a consumer reporting agency. Use of In tion We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your informartion to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us, or (2) as permitted by lam We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control effects or customer analos. We may also provide all Of the types Of nonpublic personal information listed above, to one or more of our affiliated companies. Such affiliated companies include financial service providers, Stich as title insurers, property and casualty rev nrion insurers, arid trust and investment advisory companies, of companies involved in real estate services, such as appraisal connisames, home warranty companies and pe, act companies. Furthe eve may also provide all the information we, called, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have Joint marketing agreements, Former Custianuirs Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We wall use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use Our best efforts to train and oversee our employees and agents to ensure that your infordlation will be handled responsibly and in accordance will this Privacy Policy and First American's Fair Information Values. We currently maintain physical, erechunic, and procedural Safeguards that comply with federal regulations to guard your nonpublic personal information, trifornuition Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it Is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites an the World Wide Web without telling us who you are or revealing any information about yourself, Our Web servers collect the domain names, not the e-mail arkhriesses, of visitors, This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First Anwrican uses this information to measure the use of out site and to develop ideas to improve the content of our site, There, are times, however, when we may lived information front you, such as your name and email address. When attenuation is needed, we will use our best efforts to let you know at the time, of collection how we will use the personal information. Usually, the. personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific accounblimfife information. If you choose to share any personal infourration with us, we will only use it in accordance with the policies outlined above, Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we by to link only to sites that share our high standards and respect for privacy, ewe are not responsible for the content or the privacy practices employed by other sites. Cookies some of First American's Web sites may make use of 'cook*' technology to measure site activity and to customize information to your personal tastes, A cookie is air element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. EbgitsgigTi uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Infornuition, Values ben Fairness We consider consumer ex tions about their privacy in all our businesses. We only offer products arid services that assure a favorable balance betwee n consumer efts and consumer privacy, Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity, We actively support an open public record and emphasize its importance and contribution to our coonorny. Use We believe we shotrid behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination Ounce, Accuracy We will take reasonable steps to help assure the accuracy of the data we called, use and disseminate, Where possible, we will take, reasonable steps to correct inaccurate information, When, as with the public record, we cannot correct inaccurate, information, we will take all reasonatite steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products arid services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data, We will encourage others in our industry to collect arid use information in a responsible manner, Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain, Form 50 -PRIVACY (9/1/10) Page I of I Privacy Information (2001-2010 Fast American Financial Corporation) First American Title Insurance Company ALTA Commitment (6-17-06) Commitment Page 15 Commitment Number: NCS -689290 -CO Pursuant to C.R.S 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Vectr4er'sWice skall c**ti_0, at2rXi*, if ?,t leist *Ae IeXt, riigStw4, **Kikm marlin *f at least one-half of an inch, The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. e property and Me price exceeds $140,000,00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non-residential withholding), NOTE: Colorado Division of Insurance Regulations 3-5-1, requires that "Every title entity shall be conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that First American Tibe Insurance Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction. WV *19"Mil"', WHOM 16, or exceptions, in Schedule B, Section 2, A. That there is recorded evidence that a mineral estate has been severed, [eased, or otherwise conveyed from the surface estate and that there is a substantial likelihood thal a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and V1. That such mineral estate may include the right to enter and use the property without the surface ownees permission, NOTE: Pursuant to Colorado Division of Insurance Regulations 3-5-1, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no, 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 13No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months, C. The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens, 1. The Company must receive payment of the appropriate premium. Commitment Page 16 C-4A'Wt&'JQ E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary aft an examination of the aforesaid information by the Company, I No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. ment servil for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S, 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. I FU M a" W incomplete, or Misleauling Tafus or InTormatto 17"10 A:' defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. I COMPLETION DATES listed are anticipated dates notwithstanding the fixed date by which all improvements are completed that has been established as December 31, 2015. PHASE I PHASE 2 Kipling SL, W. 38th Ave., Kline St. Lee St., W. 37th Place Completion Required for C. of G. Completion Required for C. of 0, Lot 4 - Sprouts Lot I - Morning Star (Sr, Housing) Lot 3 - Starbucks Lot 2 SCOPE OF WORK COMPLETION DATE COMPLETION DATE COMMENTS Demolition- (pav e-m-ent,cu'ri-9 gutter, sidewalks) 1111/2014 L9 4/1/2015 Excluding buildirigstructu'res. Rough Grading 11115/2014 5/1/2015 . . . .. .... Fine Grading 111251201 j 6!1/2015 -- ----- --- ... 3/6-1-2015- Traffic Signal Ocj'e Relocation (at 38th and Kipling) 1211/2014 N/A . . . . .. ......... Curb &-butter .. .... .... . 11/25/2014 9/1/2015 ..... .... . Sidewalks 12/15/2,0,1,4, -9/1/2-015 Crosswalks' ('MV'-,G-wwill re-all"d pe as s n44,4- ed 12/1-51-2-6-1,4 ..... 9,11,J2,66-5 Asphalt Paving -- .. ... . . 12115/2014... 9/112015 ----­ pinqtravellturn lanes) i . .... ....... . . ... .....Sir ,l Traffic Sins 12115/2014 9/1/2015 . . . St, reet/Pedestrian Lighting Bases, Poles, Heads . . . ........ . ..... ............ ....... ... ... . 12/1512014 N/A Street/Pedestrian Light Electric Service 12/15/2014 NIA . ... ....... . .. ---------- ------ -------- ---- -- re ii Oie es-trianEight E"le-,c,tric"C,-o,n,—ne,c--ti-o-n- e1 -12/1-5-- -4--- /-2-0 ",N-,/-A- Trash Receptacles 12/15/2014 N/A Landscaping (including trees) 6/1/2015 9/1/2015 Completion is not required for C. of 0, issuance prior to 6/1/2015 for Lots 2, 3 and 4, Irrigation System 6/112015 . .......... ... . . ............. ...... 9/112015 Completion is not required for C. of 0, issuance prior to 6/1/2015 for Lots 2, 3 and 4, ...... . ........ .. .. ........ COMPLETION DATES listed are anticipated dates notwithstanding the fixed date by which all improvements are completed that has been established as December 31, 2015. w• M Devetoppment City City of Wheat Ridge Lauren Mikulak From: Carolyn Powell <cpowell@mvgdev.com> Sent: Tuesday, September 16, 2014 3:48 PM To: Lauren Mikulak Subject: RE.- MVG Kipling Ridge SIA -- Title Commitment for platted area Carolyn S. Powell Vice President and General Counsel (d) (303) 339-5185 (f) (303) 648-5125 From: Lauren Mikulak fmailto:lmikulak@ci.wheatridge.co.usJ Sent: Tuesday, September 16, 2014 3:35 PM To: Carolyn Powell; Jerri L. Jenkins Cc: Kenneth Johnstone; Scott Brink; Patrick Goff; Art Belz; Jon Rankin; Nick Kitaeff; Steve Art; H McNeish Subject: RE: MVG Kipling Ridge SIA -- Title Commitment for platted area I received the signed SIA; thank you for sending it over. The City Attorney will be available to sign it on Thursday, so we can have everything recorded this week. Thank you, Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 City of W heat F� ' C ' hTe From: Carolyn Powell w [fflgflLq.-c ,9D co _dl@ v ml D _qdgv Sent: Tuesday, September 16, 2014 9:14 AM TO: Lauren Mikulak; Jerri L. Jenkins CC: Kenneth Johnstone; Scott Brink; Patrick Goff; Art Betz; Jon Rankin; Nick Kitaeff; Steve Art Subject: RE: MVG Kipling Ridge SIA -- Title Commitment for platted area Carolyn S. Powell Vice President and General Counsel (d) (303) 339-5185 (f) (303) 648-5125 From: Lauren Mikulak Sent: Tuesday, September 16, 2014 7:29 AM To: Jerri L, Jenkins H Subject: RE: MVG Kipling Ridge SIA -- Title Commitment for platted area Yes, please accept the final redlines and feel free to sign. We only need one signed copy to record. Thank you to all for your collaboration on this, Lauren E. Mikulak, AICIP Senior Planner Office Phone: 303-235-2845 Fax- 303-234-2845 City of COMN From: lerri L. Jenkins [-M-a-ilt-o-*ILe-n-k-t-n-S@-fg-st-Cr-g-rAh-dM�-�-Qm-] Sent: Monday, September 15, 2014 5:39 PM To: Lauren Mikulak Cc: Kenneth Johnstone; Scott Brink; Patrick Goff; Carolyn Powell;ahglzoa mvqdgvcom; Jon Rankin; Nick Kitaeff (nkitaeff mvgdev, -o—m); Steve Art Subject: RE: MVG Kipling Ridge SIA -- Title Commitment for platted area These changes are acceptable to MVG. MVG would like to sign the SIA tomorrow and deliver it to you. Do you want me to accept your changes and proceed to get this signed? How many originals does the City require? Foster Graham Milstein & Calisher, LLP 360 S. Garfield Street, 6th Floor Denver, Colorado 80209 Firm: 303-333-9810 Fax: 303-333-9786 ORM.0- IMMU4U11 www.fostergraham.com R3' FOSTER CAAHAVIVILSTEVIN * CALL94ER tkob AW to*ht rs M LAW IRS Circular 230 Federal Tax Advice Disclosure. This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. Confidentiality Notice and Disclaimer. The information contained in this e-mail may contain privileged and/or confidential information intended only for the use of the individual or entity named above. if you are not the intended recipient, you are h I_WXFP&1T_t" coyyinN or other use of this e-mail is strictly prohibited. If you have received it inA please immediately notify us by telephone (303-333-9810) or e-mail, and delete this message. Although this e-mail and any the responsibility of the recipient to ensure it is virus free and no responsibility is accepted by Foster, Graham, Milstein & Calisher, LLP for any loss or damage arising in any way from its use, From: Lauren Mikulak Sent: Monday, September 15, 2014 443 PM To: Jerri L. Jenkins Cc: Kenneth Johnstone; Scott Brink; Patrick Goff; Carolyn Powell; AtQk@_M_v_qd__evcom; Jon Rankin; Nick Kitaeff ); Steve Art Subject: RE: MVG Kipling Ridge SIA -- Title Commitment for platted area I know Patrick and Jon among others have been involved in conversations this week regarding the traffic signal. We have resolved to ultimately remove it from the SIA, so I have attached the updated document with Section 7 intentionally deleted, Please confirm that the remaining redlines and updated exhibits are acceptable (described below), Thank you, Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 City *'A' jlr�100;ewheatf (d] , t From: Lauren Mikulak Sent: Tuesday, September 09, 2014 4:45 PM To: 'jjenkins@fostergraham.com' Cc: Kenneth Johnstone; Scott Brink; Patrick Goff; Carolyn Powell; pb&@DIvqdev.,rom; Jon Rankin; Nick Kitaeff (nkitaeff my dev.com) Subject: RE: MVG Kipling Ridge SIA -- Title Commitment for platted area Thank you for sending a revised SIA, cost estimates, and title commitment, We have reviewed the most recent documents and have just a few more comments, IL a *1=191 JF 9 WEE= Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 Fax: 303-234-2845 Oly &A W heat B"icls From: Jerri L. Jenkins [M s er r 4hM.= @M�I(XenkKinf()� 0m] Sent: Monday, September 08, 2014 1:46 PM To: Lauren Mikulak; Kenneth Johnstone Cc: Patrick Goff; Carolyn Powell; _ab9_1z_@_m_vgdevQm; Jon Rankin; Nick Kitaeff (_nki_t@g_ff_@_mv_9_d9,y.c0M) Subject, MVG Kipling Ridge SIA -- Title Commitment for platted area Importance: High As you requested, attached is the title commitment for the property, Last Friday, Sept 5, 1 sent you the cost estimate for the public improvemenM MVG has now provided the information needed to complete the SIA. Attached is the last version of the SIA that we believe is ready for signature, As I indicated before, MVG is ready to execute the SIA and record the plat as soon as possible this week. MVG is rea to proceed with the development, but cannot do so until the City agrees to proceed with the SIA and record Foster Graham Milstein & Calisher, LLP 360 S. Garfield Street, 6th Floor Denver, Colorado 80209 Firm: 303-333-9810 Fax: 303-333-9786 R311C, FOSTER GRAMAM WS1EIN & CALL"ER 1APA 41100hfvs AT LAW IRS Circular 230 Federal Tax Advice Disclosure. This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. Confidentiality Notice and Disclaimer, The information contained in this e-mail may contain privileged and/or confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby Lauren Mikulak From: .fern L. Jenkins <jjenkins@fostergraham.com> Sent: Friday, July 25, 2014 5:41 PM To: Lauren Mikuiak, Kenneth Johnstone; Patrick Goff Cc: abelz@mvgdev.com, Jon Rankin Subject: FW: Kipling Ridge SIA Attachments: COWR Redline - ROW Improvements Const Maint Responsibility Matrix (draft) 2014-07-17.xlsx Hello Lauren, Ken and Patrick, Thank you for your response to MVG's proposed phasing plan, Patrick had previously suggested that we could have a meeting or a call to discuss phasing in further detail. We think that would be helpful. Can you please let us know some times next week when the three of you will be available? Thank you again for your work on this project. Jerri L. Jenkins Partner Foster Graham Milstein & Callisher, UP 60 S. Garfield Street, 6th Floor Denver, Colorado 80209 •t303-333-97811 IRS Circular 230 Federal Tax Advice Disclosure. This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service, Confidentiality Notice and Disclaimer. The information contained in this e-mail may contain privileged and/or confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this e-mail is strictly prohibited. If you have received it in error, please immediately notify us by telephone (303-33349810) or e-mail, and delete this message. Although this -mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received, it is the responsibility of the recipient to ensure it is virus free and no responsibility is accepted by Foster, Graham, Milstein & Calisher, LLP for any loss or damage arising in any way from its use. From: Lauren Mikulak[mailto:lmikulak@ci.wheatridge.co.us] Sent: Wednesday, July 23, 2011 12:48 PM To: Jerri L. Jenkins 1 ----------- .. . .. . .. .. . . . . Ut'�' �eeVT7Ft7r!TL7#T?F73Mc"c Irm'-# Subject: Kipling Ridge SIA Jerri, Thank you for sending the map and matrices last week in relation to the SIA for 3e and Kipling. Our staff has reviewed the documents, and we offer the following comments: MUM Please modify section 6.c of the SIA to read as follows: I-J (c) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping in perpetuity for4we� The City will finally accept for maintenance all Public improvements excitisive of landscape materials after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. memorialize in the SIA that this Undergrounding of utilities is a requirement of the subdivision regulations; please is n obligation of the developer. the SIA Exhibit C. This is Forathe next review, please provide the itemized cost estimate that will be part of distinct from the redevelopment agreement Exhibit D which included on- and off-site improvements. Please add page numbers to the SIA, t and title policy As we get closer to a finalized SIA, please note that we will require an updated title commitmen within 30 days of recordation, Thanks again for your work on this, Feet free to be in touch with any follow-up questions. Mqffir THIS REDEVELOPMENT AGREEMENT (this "Agreement") dated as of April 2014, is made by and among WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE, all urban renewal authority and a body corporate and politic of the State of Colorado (the "Authority"), MILLENNIUM VENTURE GROUP, INC., a Delaware corporation (the "Developer".) and the CITY OF WHEAT RIDGE, COLORADO, a home rule municipality and political subdivision of the State of Colorado (the "City"). The Authority, the Developer, and the City are sometimes collectively called the "Parties," and individually, a "Party." All capitalized tennis used, but not defined, in these Recitals, have the meanings ascribed to therm in this Agreement. The Recitals are incorporated to this Agreement as though fully set forth in the body of this Agreement. WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, tile City Council of the City (the "City Council") established the Authority on October 18, 1x)81; and WHEREAS, the City Council has adopted the 1-70/Kipling Corridors Urban Renewal Plan, as amended (the "Urban Renewal Plan" or the "Plan'), and WHEREAS, the Developer has a contract to purchase all of the real property described in Exhibit , A attached hereto, consisting of approximately 6.5 acres, which is located at the southwest corner of West 38`x' Avenue and Kipling Street (the "Property"), which is in the Urban Renewal Area and in the TIF Area; and WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the "Project"); and WHEREAS, the City has determined that it is in the best interests of the City and its citizens to assist in the redevelopment of the Project in order to promote employment and increase sales tax revenues; and WHEREAS, the Authority has determined that the redevelopment of the Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Urban Renewal Plan; and WHEREAS, in order to facilitate the acquisition, construction and installation of the Project, the City and the Authority desire to finance certain Eligible Improvements related to the Project in the aggregate amount of $3,000,000; and WHEREAS, pursuant to the Act and the Urban Renewal Plan, the Authority may finance undertakings pursuant to the Plan by any method authorized under the Act or any other applicable law, including without limitation, issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of the Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; agreements with public or private entities; and loans, advances and grants frorn any other available sources; and the Plan, authorizes the Authority to pay the principal, interest, costs and fees on any indebtedness with any lawfully available funds of the Authority; and WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the Urban Renewal Area will be through the use of property tax increment revenues and City sales tax increment revenues; and WHEREAS, the Plan adopted the utilization of property and sales tax increment for the properties located in the TIF Area and authorized the Authority to pledge all or any portion of such property tax increment revenues and City sales tax increment revenues to finance public infrastructure that benefits the Urban Renewal Area pursuant to one or more Cooperation Agreements (as defined therein); and WHEREAS, in order to finance a portion of the Eligible Improvements for the Project, the Authority desires to enter into a loan with BOKF, NA, d/b/a Colorado State Bank and Trust (the "Lender") in the maximum amount of $2,615,000 (tile "Loan") with such Loan to be repayable solely from property tax increment revenues and sales tax increment revenues to be generated from the redevelopment of the Project; and WHEREAS, in connection with the Closing on the Loan and in order to help facilitate the redevelopment of the Project, the City will adopt a resolution (the "Replenishment Resolution") setting forth its non-binding statement of present intent to appropriate funds to replenish the Reserve Fund securing the Loan in the event of a draw on such Reserve Fund; and WHEREAS, in order to help facilitate the redevelopment of the Project, the City desires to contribute between $800,000 and S1,000,000 (the -City Contribution") of City moneys to finance a portion of the Eligible Improvements for the Project; and WHEREAS, the Parties have agreed to enter into this Agreement for the redevelopment of the Property in accordance with the Urban Renewal Plan and the Act, NOW THEREFORE, In consideration of the mutual covenants and promises of the Parties contained in this Agreement, and other valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree to the terms and conditions in this Agreement. IN AGREEMENT 1. DEFINITIONS. In this Agreement, unless a different meaning clearly appears from the context, capitalized ten -ns mean: "Act" means the Colorado Urban Renewal Law, Part I of Article 25 of Title 31 of the Colorado Revised Statutes. "Agreement" means this Redevelopment Agreement, as it may be amended or supplemented in writing. References to sections or exhibits are to this Agreement unless otherwise qualified. All exhibits are incorporated to this Agreement. "Authority" means Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge, an urban renewal authority and a body corporate and politic of the State of Colorado which has been duly created, organized, established and authorized by the City to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Act, and its successors and assigns. "Closing" shall mean the date of the Closing of the Loan and the deposit of the net proceeds of the Loan into the Loan Proceeds Account of the Project Fund, "City" means the City of Wheat Ridge, Colorado, a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado. "City Contribution" means moneys appropriated by the City to finance the City Financed Improvements, in an amount not less than $800,000 nor more than $1,000,000. The actual amount of the City Contribution shall be determined as set forth in Section 6.2 of this Agreement. "City Contribution Account" means that certain account of the Project Fund held by the City into which the net proceeds of the City Contribution shall be deposited, and from which the Developer shall be reimbursed for the Eligible Costs associated with the City Financed Improvements after the submission of a Requisition meeting the requirements of Exhibit E. "City Financed Improvements" means the Eligible Improvements that are eligible for reimbursement from the City Contribution, which the Developer will acquire, construct or install on the Property as part of the Project, as further described in Exhibit D, as amended in accordance with this Agreement. "City Manager" means the City Manager of the City. "City Requirements" means, collectively, the Wheat Ridge Zoning and Development Code, Architectural and Site Design Manual, Subdivision Improvement Agreement, Streetscape Design Manual, International (Building) Codes and Site Drainage Requirements, except as may be amended at the City's sole discretion through site plan or building permit approvals. ki "Commence Construction" or "Commencement of Construction" means the commencement by the Developer of actual physical work on the Project, including, but not limited to, deconstruction, demolition and site grading on the Property as required to carry out the Project. "Complete Construction" or "Completion of Construction" means construction acceptance in accordance with the City Requirements, applicable laws, ordinances, and regulations, of the City and any other governmental entity or public utility with jurisdiction, g subject to any applicable conditions of maintenance and warranty, including without limitation, the issuance of a certificate of occupancy by the City so that the portion of the Project described in such certificate may open for pernianent occupancy and utilization for its intended purposes. "Costs of Issuance" means the reasonable and necessary costs incurred in connection with the Loan, the City Contribution and this Agreement, including, without limitation, funding the Reserve Fund, capitalized interest on the Loan, financial consultant fees, fees and expenses of bond counsel, fees and expenses of the City and the Authority, including but not limited to counsel to the City and the Authority, and economic analysis and financial consulting services for the City and the Authority, and fees and eligible expenses of the Developer related to this Agreement and financing the Eligible Improvements. "Default" or "Event of Default" means any of the events described in Section 17; provided, however, that such events will not give rise to any remedy until effect has been given to all grace periods, cure periods and periods of enforced delay provided for in this Agreement. "Developer" means Millennium Venture Group, Inc., a Delaware corporation and any successors and assigns approved in accordance with this Agreement. "Developer Advances" means, collectively, amounts advanced or incurred by the Developer to pay any Eligible Costs. "Effective Date" means the date of this Agreement. "Eligible Costs" means, collectively, the reasonable and customary expenditures for the acquisition, design, construction and installation of the Eligible Improvements as set forth in Exhibit D, as it may be amended hereunder, which shall be certified and approved in accordance with Exhibit E. The maximum amount of Eligible Costs to be paid or reimbursed pursuant to this Agreement shall be S3,000,000. Eligible Costs shall not include interest on Developer Advances. "Eligible Improvements" means, collectively, the City Financed improvements and the Loan Financed Improvements, as set forth on Exhibit D, as amended in accordance with this Agreement. Eligible Improvements includes both -improvements that are financed by the City Contribution and improvements that are financed by the proceeds of the Loan. "Executive Director" means the Executive Director of the Authority. "Exhibits" The following Exhibits are a part of this Agreement*. 1i Exhibit A: Legal Description of the Property Exhibit B: Description of TIE Area Exhibit C: Description of the Project Exhibit D: Eligible Improvements Exhibit E: Procedure for Documenting, Certifying and Paying Eligible Costs Exhibit F: Loan Commitment from Lender Exhibit G: Form of Subdivision Improvement Agreement "Lender" means BOKF, NA, d/b/a Colorado State Bank and Trust, and its successors. provided, however, that if the Authority determines to enter into the Loan with an alternative' lender, the tenn "Lender" shall mean such alternative lender and its successors. "Loan" means the loan in the maximum amount of $2,615,000 from the Lender to the Authority, which is repayable from the Pledged Revenues; provided, however, that if the Lender does not fund such loan for any reason and the Authority determines to enter into an alternative loan with an alternative lender, "Loan" shall mean any such alternative loan that is satisfactory to the Authority and the City Manager. "Loan Agreement" means the agreement between the Lender and the Authority to be executed and delivered in connection with the Closing on the Loan. "Loan Commitment" means the commitment from the Lender to the Authority to make the Loan, as set forth in Exhibit F. "Loan Documents" means the Loan Agreement and any other agreements or documents, including an opinion of bond counsel as to the tax-exempt status of the interest on the Loan, as are necessary or desirable to effectuate the making of the Loan. "Loan Financed Improvements- means the improvements that are eligible for reimbursement from the Loan proceeds, which improvements the Developer intends to acquire, construct or install on the Property as part of the Project, as further described in Exhibit D, as amended in accordance with this Agreement. "Loan Proceeds Account" means that certain account of the Project Fund held by the City into which the net proceeds of the Loan shall be deposited, and from Which the Developer shall be reimbursed for the Eligible Costs associated with the Loan Financed improvements after the submission of a Requisition meeting the requirements of Exhibit E, "Party" or "Parties" means one or all of the parties to this Agreement. "Pledged Property Tax Increment Revenue" means the annual ad valorem property tax revenue received by the Authority from the Jefferson County Treasurer in excess of the 9 amount produced by the levy of those taxing bodies that levy property taxes against the Property Tax Base Amount in the TIF Area in accordance with the Act and the regulations of the Property Tax Administrator of the State of Colorado, but not including, (a) the 7.5000 mills unposed by the Wheat Ridge Fire District; and (b) any offsets collected by the Jefferson County Treasurer for return of overpayments or any reserve funds retained by the Authority for such purposes in accordance with Sections 31-25-107(9)(a)(111) and (b) of the Act. "Pledged Sales Tax Increment Revenues" means, for each year that the Loan is outstanding, that portion of the Sales Tax revenue received by the City, and remitted to the Authority in accordance with the Act and the Plan, equal to the product of the Sales Tax rate of 3.00% times the amount of the taxable transactions subject to the Sales Tax in the TIF Area, less the Sales Tax Base Amount. "Pledged Revenues" meat -is, collectively, the Pledged Property Tax Increment Revenues and the Pledged Sales Tax Increment Revenues. "Project" means the redevelopment of approximately 6.5 acres of land located at the southwest corner of West 38"' Avenue and Kipling Street, as further set forth in Exhibit C. "Project Fund" means the fund to be created and held by the City that will include: (a) the Loan Proceeds Account, into which net proceeds of the Loan will be deposited to pay all or a portion of the Eligible Costs of the Loan Financed improvements, and (b) the City Contribution Account, into which the net proceeds of the City Contribution will be deposited to pay all or a portion of the Eligible Costs of the City Financed lmprovements. "Property," means the real property described in _Exhibit A, which is either owned by Developer or the Developer has a contract to purchase such property. "Property Tax Base Amount" nicans the amount certified by the Jefferson County Assessor as the valuation for assessment of all taxable property with the TIE Area in accordance cc with Section 31-25-107(9)(a)(1) of the Act. The Property Tax Base Amount and increment value shall be calculated and adjusted from time to time by the Jefferson County Assessor in accordance with Section 31-25-107(9) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado. "Replenishment Resolution" means that certain resolution to be adopted by the City on or prior to the Effective Data setting forth the City's present intention to consider appropriating funds to replenish the Reserve Fund securing the Loan in the event of a draw on the Reserve Fund. Any such replenishment of the Reserve Fund shall be subject to annual appropriation in the sole discretion of the City Council, and shall not create a debt or indebtedness or other multiple fiscal year financial obligation of the City. The Replenishrilent Resolution shall take effect on the date of Closing on the Loan. "Requisition" means a request for reimbursement for Eligible Costs submitted by the Developer in accordance with Exhibit E. "Reserve Fund" means the Reserve Fund held by the Lender in the amount of the Reserve Fund Requirement and securing the payment of the Loan. M "Reserve Fund Requirement" means an amount equal to the least of: (a) 10% of the original principal amount of the Loan; (b) 125% of the average annual debt service requirements of the Loan; and (c) 100% of the maximum annual debt service requirements of the Loan. The Reserve Fund Requirement may be recalculated in the event of a prepayment of a portion of the Loan, or as otherwise set forth in the Loan Documents. "Sales Tax" means the municipal sales tax of the City imposed at the rate of 3.00% on sales of goods and services that are subject to municipal sales taxes pursuant to the Wheat Ridge City Code. In the event that the Sales Tax is subsequently increased above 3.00%, the amount of Sales Tax subject to this Agreement shall not be increased above 3.00% unless otherwise authorized by the City Council. "Sales Tax Base Amount" means the total collection of sales taxes levied at the rate of 3.00% within the TIF Area for the applicable twelve-month period in accordance with Section 31-25-107(9)(a)(1) of the Act. "Senior Housing Component" means a 64 -unit assisted living and memory care senior housing facility, which is expected to be a joint venture between the Developer and MorningStar Senior Living, which will be located on the Property. "Special Fund" means the special fund of the Authority defined in Section 107(9)(a)(11) of the Act. "Subdivision Improvement Agreement" means that Subdivision Improvement Agreement for the Project to be submitted by the Developer to the City in substantially the form set forth hereto as Exhibit G. "TIF Area" means that part of the urban renewal area described in the Urban Renewal Plan as described and depicted in Exhibit B, within which the tax increment provisions of Section 31-25-107(9) of the Act apply. "Urban Renewal Plan" or "Plan" means the 1-70/Kipling Corridors Urban Renewal Plan approved by the City Council, as amended, and as may hereinafter be amended from time to time. MKIMIM lam - "" 2.1 Construction of Project. As set forth in Section 4 of this Agreement, the Developer shall construct the Project, including without limitation, all Eligible Improvements, and shall be responsible for compliance in all respects with the City Requirements. 2.2 Financing the Eligible_ Improvements. There shall be deposited in the Project Fund net proceeds of the Loan and the City Contribution in the amount of $3,000,000, which shall be applied to the payment or reimbursement of Eligible Costs in accordance with this Agreement and Exhibit E hereto. The City Contribution and the Loan may also be used to pay Costs of Issuance, but shall be in addition to the $3,000,000 of net proceeds deposited in the Project Fund. The net proceeds from the City Contribution shall be deposited in the City Contribution Account and applied to the payment or reimbursement of City Financed 0 Improven'ients upon compliance with the provisions of this Agreement and Exhibit E attached hereto. The net proceeds from the Loan shall be deposited in the Loan Proceeds Account of tile Project Fund and applied to the payment or reimbursement of the Loan Financed Improvements, upon compliance with the provisions of this Agreement and Exhibit E attached hereto, The Project Fund shall be held by the City as a separate trust account and moneys therein shall be disbursed to pay Eligible Costs in accordance with the terms and provisions of this Agreement. 3. CONDITIONS PRECEDENT - 3.1 Conditions Precedent. Unless waived in writing by the City Manager and the Executive Director, the following conditions precedent shall be satisfied prior to (i) the deposit of the net proceeds of the City Contribution into the City Contribution Account; (ii) the Closing on the Loan and the deposit of the net proceeds thereof into the Loan Proceeds Account; and (iii) the effective date of the Replenishment Resolution: (a) The Developer shall have acquired the Property or have in its possession a fully -executed purchase and sale agreement for all of the parcels of land comprising the Property and shall have provided evidence of the same in a form satisfactory to the City Manager and the Executive Director. (b) The Developer shall provide to the City Manager evidence satisfactory to the City Manager that tile Developer has obtained the equity and private financing above the $3,000,000 provided for in this Agreement necessary to acquire the Property and construct a 27,000 square foot retail grocery store and horizontal improvelilents necessary to support such store on the Property. (c) The Developer shall have obtained an executed lease agreement from SFM, LLC, a Delaware limited liability company, for a retail grocery store known as "Sprouts Fanners Market" on the Property consisting of at least 27,000 square feet (the "Sprouts Store"), (d) The Developer shall have obtained, or shall have shown progress toward obtaining in a manner satisfactory to the City Manager, an executed lease agreement from Starbucks for a drive-thru Starbucks store on the Property. (e) The Developer shall have obtained an executed purchase and sale agreement with MVG-MS (Wheat Ridge) LLC for the sale of a portion of the Property for the Senior Housing Component. (f) The Developer shall have submitted Site Plans to the City for the Sprouts Store and for the Senior Housing Component, and the Site Plans for the Sprouts Store shall be substantially complete to the satisfaction of the City Manager. (g) No Events of Default shall have occurred and be continuing under this Agreement. (h) To the extent that any portion of the Loan is tax-exempt, the Authority shall receive an opinion of nationally recognized bond counsel selected by the Authority M that the interest on such portion of the Loan is excludable from gross income under federal income tax laws pursuant to Section 103 of the Internal Revenue Code of 1986, as arnended to the date thereof 4. DEVELOPER. 4.1 Aggpisition, Construction and Installation of PrQjgcL The Developer shall be responsible for the financing, design, acquisition, construction and installation of the Project. The design and construction of the Project shall comply in all material respects with all applicable codes and regulations of entities having jurisdiction, including the City Requirements, The Developer will pay or cause to be paid all required fees and costs, including those imposed by the City, in connection with the design, construction, applicable warranty requirements, anq-,11.,� use of the Project, The Developer agrees to Commence Construction of the Project by May 31, 2014 and to reasonably proceed with the Project until Completion of Construction of the Project, which shall be no later than December 31, 2015, unless otherwise agreed to in writing by the City Manager and the Executive Director, 4.2 Construction of Eligible Improvements. The Developer shall acquire, construct and install the Eligible Improvements set forth in Exhibit D hereto, as it may be amended in accordance with this Agreement. Such Eligible Improvements shall be financed with the moneys available in the Project Fund, and, if necessary, other financing sources obtained by the Developer. The list of Eligible Improvements set forth in Exhibit Q may be amended at the written request of the Developer with the written consent of the City Manager and the Executive Director, provided, however, that in connection with any amendment of the Loan Financed Improvements, that the Developer obtain an opinion of nationally recognized bond counsel that such amendment will not adversely affect the tax-exempt status of interest on the portion of the Loan that is tax-exempt. 4.3 Access to..Pro pert . Developer will permit representatives of the City and the Authority access to the Property and the Project at reasonable times during regular business hours and with prior notice as necessary for the purpose of carrying out or determining compliance with this Agreement, the Urban Renewal Plan, the City Requirements or any City.",,: code or ordinance, including, without limitation, inspection of any work being conducted. 4.4 Maintenance of Project. The Developer shall be responsible for the maintenance of those portions of the Project owned by Developer, except as hereinafter provided. The City shall be responsible for the maintenance of any portions of the Project that are dedicated to the City, subject to any applicable warranty periods. 4.5 Appeal of Property Taxes, The Developer shall provide written notice to the City and to the Authority of any requested reduction by the Developer in any portion of the Property's real property tax assessed valuation or abatement of any portion of the Property's real property taxes. I 4.6 Notification -Rf-Sale of °o ert . The Developer shall provide written notice to the City and the Authority of any sale of all or any portion of the Property by the Developer during the term of this Agreement. 4.7 Conditions Precedent _jq_p�gvelo . er's C)bli xations. Notwithstanding anything to the contrary in this Agreement, Developer's obligations in this Section 4 are conditioned upon (i) the deposit of the net proceeds of the City Contribution into the City Contribution Account and (ii) the Closing on the Loan and the deposit of the net proceeds thereof into the Loan Proceeds Account. 5, THE AUTHORITY. 5.1 Clri iration and Re a neat of Loan. The Authority covenants and agrees that within thirty (30) days after compliance with the conditions precedent set forth in Section 3 hereof, it will use good faith efforts to enter into the Loan with the Lender substantially in accordance with the Loan Commitment attached hereto as Exhibit F and it will execute and deliver the Loan Agreement and any other Loan Documents necessary or desirable to effectuate the Closing on the Loan, and that it will pledge the Pledged Revenues for the repayment of the Loan substantially in accordance with the terms and provisions of this Agreement and the Loan Commitment. The Loan shall be a special and limited obligation of the Authority payable solely from the Pledged Revenues, Notwithstanding the foregoing, however, or anything to the contrary contained herein, in the event that the Lender informs the Authority that it will not fund the Loan for any reason, the Authority agrees to use good faith efforts to obtain an alternative loan from an alternative lender on terms and conditions satisfactory to the Developer, the City and the Authority. In the event that the Loan does not Close and the Authority is not able to obtain an alternative loan that is satisfactory to the Developer, the City and the Authority, the Parties agree that they will negotiate in good faith to enter into a sharing agreement pursuant to which the Pledged Revenues will be remitted to the Developer as received by the Authority to pay or reimburse the Developer for eligible costs incurred in connection with the acquisition, construction and installation of the Eligible Improvements plus reasonable interest thereon. 5.2 Special Fund. The Authority agrees to establish the Special Fund in accordance with the provisions of the Act and to deposit the Pledged Revenues into the Special Fund upon receipt of the same. All Pledged Revenues on deposit in the Special Fund shall be pledged to the repayment of the Loan for as long as the Loan remains outstanding. The Loan Agreement shall set forth the process for remitting the Pledged Revenues to the Lender in repayment of the Loan. 5.3 The Parties acknowledge that, according to the decision of the Colorado Court of Appeals in Olson v. City of Golden, 53 P.3d 747 (2002), an urban renewal authority is not a local government and therefore is not subject to the provisions of Article X, Section 20 of the Colorado Constitution. Accordingly, the Authority may enter into the Loan with the Lender and agree to remit the Pledged Revenues to the Lender in accordance with the provisions of this Agreement and the Loan Documents without electoral authorization, and such obligations are not subject to annual appropriation. M 5.4 No Impairment. The Authority will not enter into any agreement or transaction that impairs the tights of the Parties, including, without limitation, the right to receive and apply the Pledged Revenue in accordance with the terms and provisions of this Agreement and the Loan Documents. 6. THE CITY. 6.1 Replenishment Resolution. On or prior to the Effective Date, the City shall have adopted the Replenishment Resolution evidencing its present intention of considering the appropriation of funds to replenish the Reserve Fund to the Reserve Fund Requirement in the event of a draw on the Reserve Fund; provided, however, that the Replenishment Resolution shall take effect only upon the Closing of the Loan. If the Loan or an alternative loan satisfactory to the Developer, the City and the Authority does not Close for any reason, the Replenishment Resolution shall be of no force and effect. 6.2 City Contribution. On or prior to the Effective Date, the City shall have appropriated the City Contribution. Upon compliance with the conditions precedent set forth in Section 3 hereof and the Closing of the Loan, the City shall deposit the net proceeds of the City Contribution into the City Contribution Account. The net amount of the City Contribution to be deposited in the City Contribution Account shall be equal to the difference between $3,000,000 and the net proceeds of the Loan to be deposited in the Loan Proceeds Account, provided that the gross amount of the City Contribution shall not be less than $800,000 nor more than $ 1,000,000. In the event that the Loan does not Close, the City shall not be required to apply all or any portion of the City Contribution to the payment or reimbursement of Eligible Costs for Eligible Improvements. Notwithstanding the foregoing, however, in the event that the conditions precedent set forth in Section 3 hereof have been satisfied, but the Loan does not Close, the City Manager, in his sole discretion, may apply all or any portion of the City Contribution, in an amount not exceeding $ 1,000,000, to the payment or reimbursement of Eligible Costs incurred in connection with Eligible Improvements. Upon a determination by the City Manager to apply the City Contribution to such payment or reimbursement, the City Manager shall determine the process by which such payment or reimbursement shall be made. Neither the Authority nor the Developer shall have any obligation to repay the City for the City Contribution and the Pledged Revenues shall not be pledged to the repayment of the City Contribution. 6.3 Collection of Pledged Sales Tax Increment Revenues. The City covenants and agrees to collect the Pledged Sales Tax Increment Revenues and remit the same to the Authority in accordance with the Act, this Agreement and the Urban Renewal Plan for so long as the Loan remains outstanding in accordance with the terms and provisions of the Loan Agreement. Upon payment in full of the Loan in accordance with the Loan Documents, the lien on the Pledged Sales Tax Increment Revenues shall be discharged and the City shall no longer be required to remit any Sales Tax increment revenues from the Property to the Authority. In the event that the Loan does not Close, but the Parties enter into an agreement to share the Pledged Revenues in accordance with Section 5.1 hereof, the City shall comply with the terms and provisions of any such sharing agreement relating to collecting and remitting the Pledged Sales Tax Increment Revenues to the Authority. 6.4 Administration of the Prca`ect Fund. The City covenants and agrees that it will create the Project Fund, and the City Contribution Account and the Loan Proceeds Account therein, and administer the Project, Fund as a trust account in accordance with the terms and Provisions of this Agreement and Exhibit E hereto. The City shall not be paid a fee for administering the Project Fund. 7. PAYMENT OR REIMBURSEMENT OF -ELIGIBLE COSTS. The Developer shall be Paid or reimbursed for Eligible Costs from moneys on deposit in the Project Fund held by the City upon compliance with the requirements of this Agreement and the Requisition process set forth in Exhibit E hereto, or as otherwise agreed to in writing by the Parties. In the event that Developer Advances are made to finance Eligible Costs, the Developer may seek reimbursement for the principal amount of any Developer Advances, but shall not be reimbursed for any interest accruing on Developer Advances. 8. BOOK'S, AND ACCO UNTS JNSPECTION OF RECORDS. The City and the Authority will keep proper and current itemized records, books, and accounts in which complete and accurate entries will be made of the receipt and use of all amounts of revenue received from any and all sources and such other calculations required by this Agreement, the Loan Documents, and any applicable law or regulation. The Developer shall keep accurate books and records of all costs incurred in connection with the design, management, acquisition, construction and warranty (as applicable) of the Eligible Improvements, and the receipt of payment or reimbursement of Eligible Costs. During regular business hours and upon reasonable advance notice, the City, the Authority or its respective designee is hereby authorized to review the Developer's books and records relating to the Eligible Improvements and the receipt of payment or reimbursement of Eligible Costs. All books, records and reports (except those allowed or required by applicable law to be kept confidential) in the possession of the City and the Authority relating to the collection and disbursement of the Pledged Revenues and the payment of the Eligible Costs shall at all reasonable times be open to inspection by such accountants or other agents as the respective Parties may from time to time designate. 9. INSURANCE. On or prior to the Commencement of Construction the Developer will provide the City and the Authority with certificates of insurance showing that the Developer is carrying, or causing prime contractors to carry, the following insurance: General Liability, with a general aggregate of $2,000,000; fire damage of $100,000; medical expense of $5,000; products/completed operations aggregate of $2,000,000; personal and advertising injury of $1,000,000 with each occurrence up to $1,000,000, with deductible of $2,500 per claim. Excess liability shall be covered in an amount equal to $10,000,000 per occurrence/$ 10,000,000 aggregate. 10. INDEMNIFICATION. From Commencement of Construction of the Project through Completion of Construction of the Project, and for any action arising during that time period, ON Developer agrees to indemnify, defend and hold harmless the City and the Authority, its officers, agents and employees, from and against all liability, claims, demands, and expenses, including fines imposed by any applicable state or federal regulatory agency, court costs and attorney fees, on account of any injury, loss, or damage, which arise out of or are ill any manner connected with any of the work to be performed by Developer, any subcontractor of Developer, or any officer, employee, agent, successor or assign of Developer under this Agreement, if such injury, loss, or darnage is caused in whole or in part by, the negligent act or omission, error, professional error, mistake, accident, or other fault of Developer, any subcontractor of Developer, or any officer, employee, agent, successor or assign of Developer, but excluding any injuries, losses or damages which are due to the gross negligence, breach of contract or willful misconduct of the City or the Authority, as the case may be. 11.1 Representations and Warranties by the.,Authority. The Authority represents and warrants as follows: (a) The Authority is a body corporate and politic of the State of Colorado, duly organized under the Act, and has the power to enter into and has taken all actions to date required to authorize this Agreement and to carry out its obligations. (b) The Authority knows of no litigation, proceeding, initiative, referendum, investigation or threat of any of the same contesting the powers of the Authority or its officials with respect to this Agreement that has not been disclosed in writing to the Parties. (c) The execution and delivery of this Agreement and the documents required and the consummation of the transactions contemplated by this Agreement will not (a) conflict with or contravene any law, order, rule or regulation applicable to the Authority or to its governing documents, (b) result in the breach of any of the terms or provisions or constitute a default under any agreement or other instrument to which the Authority is a party or by which it may be bound or affected, or (c) permit any party to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of the Authority. (d) The Pledged Revenues are not subject to any other or prior pledge or encumbrance, and the Authority will not pledge or encumber it except as specified herein or as may be provided in the Loan Documents or the documents related to the origination of the Loan. (c) This Agreement constitutes a valid and binding obligation of the Authority, enforceable according to its to s, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity. IN 11.2 Re reseztations and Warranties the Developer. Developer represents and warrants as follows: (a) Developer is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and in good standing and authorized to do business in the State of Colorado and has the power and the authority to enter into and perfonn in a timely manner its obligations under this Agreement. (b) The execution and delivery of this Agreement has been duly and validly authorized by all necessary action on its part to make this Agreement valid and binding upon Developer. (c) The execution and delivery of this Agreement will not (a) conflict with or contravene any law, order, rule or regulation applicable to Developer or to Developer's governing documents, (b) result in the breach of any of the terms or provisions or constitute a default under any agreement or other instrument to which Developer is a party or by which it may be bound or affected, or (c) permit any party to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of Developer. (d) Developer knows of no litigation, proceeding, initiative, referendum, or investigation or threat or any of the same contesting the powers- of the Developer or any of its principals or officials with respect to this Agreement that has not been disclosed in writing to the other Parties. (e) The Developer has prepared or caused to be prepared a financing and development plan for the Project and the Developer reasonably expects that the Pledged Revenues to be generated from the Project will be sufficient in each year to pay the principal of and interest on the Loan, in accordance with the Loan Commitment set forth as Exhibit F. (f) This Agreement constitutes a valid and binding obligation of the Developer, enforceable according to its terns, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity. 11.3 Re �resen�tatioris �and Warranties b �the Cit . The City represents and warrants as follows: (a) The City is a body corporate and politic and a home rule municipality of the State of Colorado, and has the power to enter into and has taken all actions to date required to authorize this Agreement and to carry out its obligations under this Agreement. (b) The City knows of no litigation, proceeding, initiative, referendum, investigation or threat of any of the same contesting the powers of the City or its officials with respect to this Agreement that has not been disclosed in writing to the Parties. KI (c) The execution and delivery of this Agreement and the documents required hereunder and the consummation of the transactions contemplated by this Agreement will not (a) conflict with or contravene any law, order, rule or regulation applicable to the City or to its governing documents, (b) result in the breach of any of the terms or provisions or constitute a default under any agreement or other instrument to which the City is a party or by which it may be bound or affected, or (c) permit any patty to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of the City. (d) This Agreement constitutes a valid and binding obligation of the City, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity. 12. TERM. The term of this Agreement is the period commencing on the Effective Date and terminating on the date of payment in full of the Loan; provided, however, that the Authority's obligation to remit the Pledged Revenues to the Lender to repay the Loan shall tertninate upon the expiration of the time period that the Authority is authorized pursuant to the Act to receive the Pledged Revenues, and provided, further, that the following provisions, without limitation, shall continue beyond the term of this Agreement: (A) any rights and remedies that a Party has for an Event of Default hereunder, and (B) any rights that a Party has to inspect books and records as set forth in Section 8 hereof for a period of four (4) years following termination of this Agreement. 13. CONFLICTS OF INTEREST. None of the following will have any personal interest, direct or indirect, in this Agreement: a member of the governing body of the Authority or the City, an employee of the Authority or of the City who exercises responsibility concerning the Urban Renewal Plan, or an individual or firm retained by the City or the Authority who has performed consulting services to the Authority or the City in connection with the Urban Renewal Plan, this Agreement, or the Loan Agreement. None of the above persons or entities will participate in any decision relating to the Agreement that affects his or her personal interests or the interests of any corporation, partnership or association in which be or she is directly or indirectly interested. 14. ANTIDISCRIMINATION. Developer, for itself and its successors and assigs, agrees that in the construction of the Eligible Improvements and in the use and occupancy of the Property and the Eligible Irnprovements, Developer will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual preference, disability, marital status, ancestry, or national origin. 15. NOTICES. Any notice required or permitted by this Agreement will be in writing and will be deemed to have been sufficiently given for all purposes if delivered in person, by prepaid overnight express mail or overnight courier service, by certified mail or registered mail, postage prepaid return receipt requested, addressed to the Party to whom such notice is to be given at the address set forth oil the signature page below or at such other or additional addresses as may be furnished in writing to the other Parties. The Parties may also agree on a different means of providing written notice hereunder, including, without limitation, notice via electronic mail. 15 16. DELAYS- _FORCEMAJEURE-. Subject to the following provisions, time is of the essence. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, earthquake, strikes, labor disputes, regulation or order of civil or military authorities, or other causes, similar or dissimilar, which are beyond the control of such Party. 17. EVENTS OF DEFAULT. The following events shall constitute an Event of Default under this Agreement: (a) Any representation or warranty made by any Party in this Agreement proves to have been untrue or incomplete in any material respect when made and which untruth or incompletion would have a material adverse effect upon any other Party; (b) Any Party fails in the perfaimance of any covenant in this Agreement and such default continues for thirty (30) days after written notice specifying such default and requiring the same to be remedied is given by a non -defaulting Party to the defaulting Party. If such default is not of a type which can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non -defaulting Party or Parties within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure in good faith. 18. REMEDIES. Upon the occurrence and continuation of an Event of Default, the non - defaulting Party's remedies will be limited to the right to enforce the defaulting Party's obligations by an action for injunction, specific performance, or other appropriate equitable remedy or for mandamus, or by an action to collect and enforce payment of sums owing hereunder, and no other remedy, and no Patty will be entitled to or claim damages for all Event of Default by the defaulting Party, including, without limitation, lost profits, economic damages, or actual, direct, incidental, consequential, punitive or exemplary damages. In the event of any litigation or other proceeding to enforce any of the terms, covenants or conditions of this Agreement, the prevailing party in such litigation or other proceeding may receive, as part of its judgilient or award, its reasonable attorneys' fees and costs. The occurrence and continuation of an Event of Default will not affect the obligation of tile City or the Authority to collect and remit Pledged Revenues or the obligation of the Authority to remit the Pledged Revenues to the Lender to repay the Loan in accordance with the terms and provisions of this Agreement and the Loan Documents. 19. TERNIMATION. In the event that the Developer has not Commenced Construction of the Project on or prior to July 31, 2014, then the City, the Authority, and the Developer shall each have the option to terminate this Agreement. In order to terminate this Agreement, a Party shall provide written notice of such termination to the other Parties. Such termination shall be effective thirty (30) days after the date of such notice unless prior to such time, the Parties are able to negotiate in good faith to reach an agreement to avoid such termination. Upon such termination, this Agreement shall be null and 11M void and of no effect, and no action, claim or demand may be based on any term or provision of this Agreement. In addition the Parties agree to execute a mutual release or other instruments reasonably required to effectuate and give notice of such termination. 20. PAYMENT OF, FEES AND EXPENSES. The Parties intend that the fees, costs and expenses incurred by each of the Parties in connection with the execution and delivery of this Agreement, the Loan, the City Contribution and the Replenishment Resolution, and related agreements and documents, will be paid from the proceeds of the City Contribution or the Loan as Costs of Issuance. To the extent that any fees, costs or expenses of any Pavy are not eligible to be paid as Costs of Issuance, or to the extent that the Loan does not Close, each Party agrees to pay for its own fees, costs and expenses. 21. NONLIABILITY OF OFFICIALS, 'AGENTS, MEMBERS.- AND EMPLOYEES. Except for willful or wanton actions, no trustee, board member, commissioner, official, employee, consultant, manager, member, shareholder, attorney or agent of any Party, nor any lender to any Party or to the Project, will be personally liable under the Agreement or in the event of any default or for any amount that may become due to any Party. 21 ASSIGNMENT. This Agreement shall not be assigmed in whole or in part by any Party without the prior written consent of the other Parties; provided, however, that subject to written notice to the City and the Authority from Developer containing the name and address of the lender or other party, Developer may pledge, collaterally assign or otherwise encumber all or any part of its rights under this Agreement, including its light to receive any payment or reimbursement, to any lender or other party that provides acquisition, construction, working capital, tenant improvement or other financing to Developer in connection with development of the Property and/or construction of the Eligible Improvements. 23. COOPERATION REGARDING DEFENSE. In the event of any litigation or other legal challenge involving this Agreement, the Loan, the validity of the Urban Renewal Plan, or any other material part or provision of this Agreement or the ability of any Party to enter into this Agreement, the Pai ties will cooperate and jointly defend against such action or challenge, to the extent permitted by law. 24. SECTION CAPTIONS. The captions of the sections are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. M 25. ADDITIONAL —D-0—CU—MENTS QR ACTION. 25.1 The Parties agree to execute any additional documents or take any additional action, including but not limited to estoppel documents requested or required by third parties, including without limitation, lenders, tenants or potential purchasers, that is necessary to carry out this Agreement or is reasonably requested by any Party to confirm or clarify the intent of the provisions of this Agreement and to effectuate the agreements and the intent. Notwithstanding the foregoing, however, no Party shall be obligated to execute any additional document or take any additional action unless such document or action is reasonably acceptable to such Party. 25.2 If all or any portion of this Agreement, or other agreements approved in connection with this Agreement are asserted or determined to be invalid, illegal or are otherwise precluded, the Parties, within the scope of their powers and duties, will cooperate in the joint defense of such documents and, if such defense is unsuccessful, the Parties will use reasonable, diligent good faith efforts to amend, reform or replace such precluded items to assure, to the extent legally permissible, that each Patty substantially receives the benefits that it would have received under this Agreement. 253 The City Manager shall have the authority to act on behalf of the City under this Agreement and the Executive Director shall have the authority to act on behalf of the Authority under this Agreement. 26. AMENDMENT. This Agreement may be amended only by an instrument in writing signed by the Parties. 27. WAIVER OF BREACH. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreettlent must be in writing and will not operate or be construed as a waiver of any subsequent breach by any Party. 28. GOVERNING LAW. The laws of the State of Colorado govern this Agreement. 29, BINDING EFFECT. This Agreement will inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors, heirs, and assigns, provided that nothing in this paragraph permits the assignment of this Agreement except as set forth in Section 22. 30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which will be deemed an original and all of which will constitute but one and the same instrument, 31. LIMITED THIRD -PARTY BENEFICIARIES. Except as hereinafter provided, this ............... Agreement is not intended and shall not be deemed to confer any fights on any person or entity not named as a Party to this Agreement; provided, however, that the Lender shall be deemed to be a third -party beneficiary under this Agreement with respect to any provisions relating to the Loan, the repayment of the Loan and the Pledged Revenues. 32. NO PRESUMPTION. The Parties and their attorneys have had a full opportunity to review and participate in the drafting of the final fonn of this Agreement. Accordingly, this IN Agreement will be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 33. SEVERABILITY. If any provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be void or unenforceable, the saine will in no way affect any other provision of this Agreement, the application of any such provision in any other circumstances or the validity, or enforceability of the Agreement as a whole. 34. MINOR CHANGES, This Agreement has been approved in substantially the forill submitted to the governing bodies of the Parties. The officers executing this Agreement are authorized to make and may have made, minor changes to this Agreement and attached exhibits as they have considered necessary. So long as such changes were consistent with the intent and understanding of the Parties at the time of approval by the governing bodies, the execution of the Agreement will constitute the approval of such changes by the respective Parties. 35. DAYS, If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to Section 24-11-10](1), C.R.S., such day will be extended until the next day on which such banks and state offices are open for the transaction of business. 36. GOOD FAITH OF PARTIES. In the performance of this Agreement or in considering any requested approval, consent, acceptance, or extension, of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. 37. PARTIES NOT PARTNERS. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties will not be deemed to be partners or joint venturers, and no Party is responsible for any debt or liability of any other Party. 38. NO WAIVER OF_IMMUNITY. Nothing contained in this Agreement constitutes a - 7---7 waiver of sovereign immunity or governmental immunity by tile City or the Authority under applicable state law. In IN WITNESS WHEREOF, this Agreement is executed by the Pat -ties as of IM ATTEST: Kristi Davis, Chairperson Patrick Goff, Executive Director Notice Address: Wheat Ridge Urban Renewal Authority 1500 West 291h Avenue Wheat Ridge, Colorado 80033 Attention: Patrick Goff, Executive Director Email: pgoff(&ci.wheatridgeco.us MM By: (SEAL) Joyce Jay, Mayor Attest: Janelle Shaver, City Clerk APPROVED AS TO FORM Gerald Dahl, City Attorney Notice Address: City of Wheat Ridge 1500 West 291h Avenue Wheat Ridge, Colorado 80033 Attention: Patrick Goff, City Manager Email: pgoffiCicci.wheatridge.co.us 21 Notice Address: MILLENNIUM VENTURE GROUP, INC. a Delaware corporation Is t 10101 W. 37`x" Puce r Order ; ABB70393418 LEM DESCRIPTION # t # A t k Y � > R y� #f k 10050 W. 3"7111 Puce u. .3tc 110,. NtiiiiiiW E11XF.Ft AS F1kLO S HELMMINC AT TIM, % tF A.SE COILNER 01" V Stc 2 . T1tE"aCE 1TE1EC3.T LaE C T1T1 E SF E1NFCT1: S NFT:BT� 3 A DISTANCE (31" 23 KF U T11TSC,:F ;ai 1.s< PARALIff WITH71 F NORM i ,%t",0 .. . E 24,E IMTXNCEM 1FqJI)TTET"UE,, K)tNTOF J1t,,,(.VMMk T11F c T kCKtT1F E -TF UTt W1711 FAST LANE€ �3' FT KT�At ri�i�� 5 ' C FFFTTOAPOMTFi81'Sb1L rrtf 11REM714F. NDVTtIt,'A,T 04JAZTERIllf NoRrumm QUARTTROF FuF WMIRMST QUAR ° SM05w" M, TFEE',xTj 5E SI'F k1.1 XI ONG SAID: "TYPE t,TSF S txSTAN(°F. t mg, TO A M T iia 71TF F SSF UNE CSF %T SMET 11 "INCIY+ INMIMERLY ALM SAO) kAyr 1E. ° S1.F*e)T STR1?'E`,`N (W'MHC lTAS3TT.WON AND l' EAST MTtW" WF,%r1'a"C TRY, FXNTtEIIF or TIM t)R'F1#Fla'T"jgjARIVRC 'TF1E< mn&AST`LINKTFit M 1"TIF% T FSCS"T UARIFit TTISTAW1,, CW 436 52FEU, MR.F OR 1.T , TOA A Fd NT 2-MLT1„1?11 rk TIE NOVU14 LVXF 118.M "d 28: fiNC:F1 a6 S PARAIHWtrilT1 1FFEV»'T6FT,3Fr* VAM SUMON3ADISTAIWFk (I" , nw,Nri, wwwatLY AM) FARA11 t wrm tut. FAsT um, (w sJFETaFlµrr11T125 A m TAwt ffft TO S POINT CM 1'H$,'i1%,F"iF C 6SFS8 1F SBF T UWNCT EASURLY'SE.0 °a BkTw "FFtF iT*`ria A. FT. f T.B FN dT} TIN "TTt j.E"+ t (W ID SEt T SS1 �, 3 iTF T SST T O 1S T1°F T" TTT A r"F t TS TT'<FT T 1,- C , nitA.%T UNt OF MID NFCT N ,t�'CT� S 1T1F T'T P IM, AM) 156 FVVT WEat C " Ct T T 1 ." OF ISIAW SECINA Dt5T -*fM1111 1 A?(XN`t 2 i FT?2"T V)D7UoF'n1r!"1m T.1ESF° 1�SF1�s24, THFNVT T ASE N F,Ri111+'A, Willi TME W39111 Ell^ tit SAM SFT F#t 28-A 05TAW1, 125 TT.CT TO 1R T1t{1T POINTOF 1t1S 1"a� IN FTiC.,F.E"87NG'iT1TH`i2FF"R0U TIME f TAIN PARCEL CONVF.T+11T 10711F YMPAR "T C EtfC 1EiS{S S a CE ORP -Fs. C11` , 114 CNIllif NIXIE i ;PARTM "5' ' IRGAMAYS, OR'NION % jjX;jj%%V,& St' TT 01 "YFCMAVO� MGSF 1` . V 140) Su -,MN 2, MT vw HT 1 tt�11��1. �1TTkT1.�s. t;� �F1T:� �°L1E,T� v a'CTECTFE�D. a taSx."T F,,�t�F11T�ta C t" T+ kC AT m4 TFSR TC1t1i 1# E C Y.1F t 111E EAS°1 11Tt EGET 111Fi 2TT! ASF ahF'T ' O,SFC 28,A VMAWtCA" # U11 AM WLPAM111.IFTOU ; Our Ot*,r No: ABJ70397564 IEGAL DESCRIPT011 A PARCF1 OF LAND IN THE EAST 1/2 OF THE NOR711EAST 1/4 OF THE NORIMEAST V4 Of' 'THE NORTHEAST 1/4 OF SFS 28. TOWNSHIP 3 SOUTH. RA.NGF 69 WFST. CMNTy OF ,JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MUCH IS 30 FFM T` SOUTH AND 30 FELT WEST OF THE NORTHEAST CORNER OFSAM SECTION M 'THENCE SOUTH 100 FEET ALONG THE WM LINE OF KIPI.JNG STREFF TO IMF TRUE POINT OF REGINN1W THENCESOUTH ALONG TF WEST LJNF OF KIPLING STREET A DISTANCE OF too FFET "MENCE WEST AND PARALLEL TO THE SOUTII LINE OF WEST 39TH AVENUE A DISTANCE OF 125 FEETT THENCE NORTH AND PARAL111- TOTHE WFST LINE OF KIPLING STRE ET A DISTANCE OF too FFFT, THF -NCE FASTAND PARALLEL TO THE SOUTH LINE OF OF WEST 39IT! AVENUE. A DISTANCE OF 125 FEET TO THE TRUE POINT OF IIEZINNING, EXCEff 71INY PORVON CONVEYEI) TO THE DEPARTMENT OF HIGHWAYS BY DEED R.HORDED AUGUST 27,190 IN BOOK 2128 AT PAGE 357, COUNTY OF JEFFERSON. SlMrn OF COLORADO, 3795 Kipling N SMh 100 feet Of the NO* 130 fed Of the We# 115 fed of the East 155 feet of the EaSt halt of #)e Wheast Quarter of the Noftst Qater of the Northeast Quader of Section 28, Towr* 3 SOA, Range 69 West of the 6th Principal Merdw, EXCEPT t Ridge, Colo ra& by Ded recorded November 10, 1972Mi Book 2444 at Pages 376 and 377, A] -3 EXHIBIT B 1,FQyAL DESCRIPTION OF THE TIF ARFA tour Order No: ABB70393418 THAT PART OF THE NORTHE AST ONE-QUARTER OF THE NORTHFAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTIO 2& TOWNSHIP 3 SOUTH, RANGE 69 WEST OF `TIFF 6TH P.M., DESCRIBFD AS FOLLOWS: EXCEPTING Tilli RIB 0 .RL,FROM'FHE PORTIONS DFSC EDIN BOOK 1579 AT 296 AND IN BO K 1969 AT PAGE 800 AND IN BOOK 1970 AT PAGE I OF THE JEFFERSON COUNTY RECORD& 10050 W. 37'x' Place AT . IEMBESCRW7M TUAT PART LDif NT TT ASI qL T"T++CW� TT. 11FVS 753; ANTS. S)FA% VMJ 7WNrTs�cT, �� � TtTaTasT ��t t��T: � Skil) STt:TTCTFS F 5DtqM3MV MM TWJA5TUINFCW ZIA STA "F (WZ30 FEET, TTIF T' %T.M�TTT.x N T. T, ml TTTF T) TTT T, SF CWSXMNR 77m 20 A DNT*, (w 30 TFFT T Tom' TRMAUNTt s x •n T&TFSi l MXTnWJU.Y T' aSFLM WITHIM, LAST IjNE tV, 8AW SFT°TTS A IMSMWE (:M M0 °TTOA POW ON RM, SOUM JJXV , tTTF 11;STQUARTrR TIV NM7WAST QUARTIN THM"'Olt) T t SMt).%C T T FTE WTSMIS,TT ., SUD TAXrillL.WNjnsTax .F MT .&TFFCT � "��� � TFAST "NAXINMUMV ALOMSM EASTUNW (I KUNf ST TTFFTkWAIDIM EXTFTTTJFJ) TtWTTTF �TIOLI ,"TTTF' n*.ANT QUARITER OFT' TIIF i QjjUTjj DMAWE T ' YTT,FTL FFTr MmF t EL%, Ttl A MNF 2j4,%MkT,,C#Tl . W M T &,r Ca,','&AM SECTION 20, Kom Tu" w3w mun, TO A PMTM PTST - Tim FAST I'm °• a MMIDN 3, £ WE, NMIMUN AND PAMU111, l THEF F F ST:T � �F T A jal. r T TLC w URMF F TT T;AIUS S ST ISI TILT°, T"ARATRSC. T 'ITT AND 30 FEET Swnt( ' TM Of IRW VAST I W UFMW %CTM, TTT WMMRIV PARAURT AM TSS FUT WEST CWTIM FS4 JJM,'(W,1wUD M'SAIDUT730N ft, T� F TTFT TC) �T l FTI TT TSLF aFTa T a �T T=�TTx TKK�TI.FT: TTTI °TlTts. TIT T.l�: t4 �F Tl� . � Tit F T T25 FTTT V TRUMIM MINI JWUMMW.a F T'F`T°TTNG IMUWK THAT {;F AIN Mill. CONWITID TO WE l)TT itTMIUNT IN TTI ST AM l) ATRACT OR PAWTA,%',1,aT ). 14S Up jjjt,,.AfATF3)Th MtTOr HW dtTS, # Of FSTSTATE€' CO Tat ; T W T ltd,�WT T, I,"It unk WWWALTMAa INinn, FrvS Ctxwwv T auSM TWACTOR F«SFT"T,T,. mwm UUMMAT A KWff WMCH IS SAVU1 ST(M T, , t sjNF (W TtjEAT T , NA. T � TFC SFWI a A MAN"' T 4 TTFT ANI)�t,ST FARM LF;F tNTTTT EMR SStT;: tTT= TTTF NM13WAS"T QUARI1TT ' STT MM 28, N LMANCE CW 4 19 tTFT jWWnjF NORTWAST COMR M SWTM2&'T WWI SMML RAME 'AMR, i THUMESMITH,F °T,. T EAST T 0, „111FTT �T ) F SFCr TS N �TT"5ffi N C,T In FTj"T TT) TT iT F Tk" UNI; l 'tT s ,FF 'q, Ve SC ? L MCffQTV IM, A DMANCE at, TSFFjTT To TT 111°AT MKITY T� F 4 A TT : F F TY JJXF A MtAWp OFT . FTF"T" 4,71UMV, MST, FAUTUt WMI TSTF M t T Of TTTF h` TTTF= 8T QUARTTR T)F ST t T d Ow Or** Ks MUMM UMDESCRWRN WTANCIAWKs TTFT T CwT, . ,,jNNG; MAW rAl"It.14,11MA, STATE, (W cculokum B- OEM our Ordff No: AHJ70397564 A PARCEL OF LAND IN THE FAsr 11 IIS ITIE NORTHEAST 1/4 Of THE NIORTHFAST'114 OF "I g., NORTjjj-,4k5I'j,/4 OF SI "IO 29. TOWNSHIP 3 SOUT14, RANGE 69 WEST, COUNTY OF ,JEFFERSON, STATE OF COLORADO, DFS CRIIIFD AS FOLLOWS: BEGINNING ATA POINT WHICH IS 30 FEET SM AND 30 FEET NVEST OF THE NOMI ST CORNER OF SAID SECTION 28: TuENcE S too LET LO T14E WEST LINE OF KIPIJNG STREET TOTI&TRUE POINFOF BEGINNING: 100 THENCE SOUTH ALONG 'ITIF WEST LINE OVKIPLI IG STRFETA DIS TA , NCE OF VI ETI ,TIIS. CE X%,ESY AND PAXA1111. TOTHE SOLrFH IINE OF wFST 3sTH AVFNUE A IXSTANCE OF 125 FELl" -nwwuwRTuANI) PARAIM, To *ME wESTtJNE OF KtPIJNG S A OWTANCE OF 100 FEET: UtEWE EW iAND pARAECUFO THE S" ME or, OF WEST 3M AVINUE, A DWANCE OF 12S FM To TM TRUE POINT OF BMWN(;, Excm -mAT Po"oN coNvffW To THE DEPARTMWf OF HIGHWAYS BY DEW ]MRI)ED AuGusT zT, im IN BOOK 2128 AT PNGF 357, COUNTY Of,W nATF Of COLORADO. 3795 Kipling The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet Of the East half of #* Northeast Quaqer of the Northeast Quaqet of the Northeast Quarter of Sew 28, TownsKip 3 South, Range 69 We of the 6th Principal Meridian; EXCEPT tat portion then conveyed to The aty of Wheat Uge, Colorado by Deeds wrded November 10, 1972 in Book 2444 at Pages 376 and 377, B - 3 DES!C,RIRJJQL4 P QEIHE , _ ROJECT The Project consists of the redevelopment of approximately 6.5 acres of land located at the southwest comer of West 38"' Avenue and Kipling Street, in accordance with the City Requirements. The Project is expected to include a 27,000 square foot Sprouts Market grocery store, a drive-through Starbucks, and a quick serve restaurant, and the construction and installation of an additional half -acre of right-of-way for Kipling Street and 38"' Avenue, which will be dedicated to the City. The Project will also include the construction of a 64 -unit senior housing facility known as Morning Star Senior Living. Public improvements to be constructed, acquired or installed as part of the Project include the abatement and demolition of existing structures, upgrades to City storm water and sewer systems, expansion of and upgrades to public rights of way including the widening of Kipling Street with the dedication and the construction of turning lanes, sidewalks and streetscaping, and the burying of overhead electrical power lines. MIUMMM ELIGIBLE IMP—ROVEMENTS The Eligible Improvements consist of the Loan Financed Improvements, which shall be eligible to be paid from the net proceeds of the Loan, and City Financed Improvements, which shall be eligible to be paid fi-on-t the City Contribution. The total Eligible Improvements to be paid or reimbursed from the combination of the City Contribution and the Loan shall be equal to $3,000,000 notwithstanding that the amounts set forth below total $4,474,424. Set forth below are estimates of the costs of the Loan Financed Improvements and tile City Financed Improvements based on budgeted numbers provided by the Developer. As actual costs are incurred for each line item, the amounts eligible to be paid or reimbursed as Loan Financed Improvements or City Financed Costs may change, as hereinafter set forth. Loan Financed. Irirprciveir�rerits Land Acquisition Costs $ 417,798(t) Demolition and Abatement for entire site 348,655(2) Grading & Site Preparation for entire site 511,544(2) Storm Water Infrastructure, for entire site 265,060(2) Concrete, Asphalt & Roadway Improvements 126,779(-,) Utilities Work (Water, Fire, Electrical) 132,2400) Landscaping 84,974(1) Amenity Benches, Etc. 6,9600) Architectural & Engineering 76,387(t) Permit Fees _118 .097J41 TOTAL &jQ&&=4-95- (1) Not subject to change. (2) These amounts can increase or decrease based on the actual amount spent on this line item as certified by the Developer in the Requisition. (3) These amounts can increase or decrease based on the actual amount spent on this line item, but such amounts shall not exceed the percentage of costs in this line item attributable to costs incurred in the right-of-way to be dedicated to the City, as certified by the Developer in the Requisition. (4) These amounts can increase or decrease, but shall be based on the actual permit fees attributable to the Loan Financed Improvements, as certified by the Developer in the Requisition. City Financed ImprovqpIgLits(1) Concrete, Asphalt & Roadway Improvements $443,587 Utilities Work (Water, Fire, Electrical) 168,293 Landscaping 111,707 Architectural Upgrades to Sprouts Building 406,706 Amenity Benches, Etc. 8,700 Architectural &Engineering 153,450 Pen -nit Fees 91,120 TIF Consultants 20,164 TOTAL LL91ZL (1) These amounts can increase or decreasebasedon the actual amount spent on this line item for the Project (not including any amounts paid or reimbursed as Loan Financed Improvements) as certified by the Developer in the Requisition. In addition, to the extent that amounts remain in the City Contribution Account after the line iterns set I"orth above have been paid or reimbursed from the City Contribution, then such excess amount may be applied to the reimbursement of the costs of acquiring the Property in an amount not exceeding $982,202. EXHIBIT E ELIGIBLE COSTS 1. A., . licabili!y. All capitalized tenus that are not specifically defined in this E_xhibit E will have t, same meaning as defined in the Agreement. The procedures set forth herein shall apply to both Requisitions submitted by the Developer to the City for reimbursement from the City Contribution Account for the City Financed Improvements, and Requisitions submitted for reimbursement from the Loan Proceeds Account for the Loan Financed Improvements. The foregoing notwithstanding, the Parties recognize and acknowledge that in connection with origination of the Loan, the Loan Documents may establish a different procedure for the requisition of moneys from the Loan Proceeds Account, in which event that procedure shall be substituted for the procedure in this ExhibitE" to the extent that they conflict with the procedures in this Exhibit E. 2. _Documentation. The Developer will be responsible for documenting all Eligible Costs. Eligible Costs may be certified when (i) an expenditure for an Eligible Cost, including, without limitation, land acquisition costs, has been made by the Developer, (ii) a pay application has been submitted by a contractor that complies with the procedure set forth in this Exhibit E, or (iii) upon Completion of Construction of an Eligible Improvement. All such submissions shall include a certification signed by an authorized representative of the Developer. The certificate shall state that the information contained therein is true and accurate to the best of each individual's information and belief and, to the best knowledge of such individual, qualifies as an Eligible Cost. Such submissions will include copies of backup documentation supporting the listed cost items, including bills, statements, pay request tbrins from first-tier contractors and suppliers, conditional lien waivers, and copies of each check issued by the Developer for each item listed of the statement. The Developer will allocate the Eligible Costs to the Eligible improvements according to the category for each listed in Exhibit D, and each requisition shall contain an aggregate running total of the Eligible Costs in each category. Unless required by a Developer construction contract then being performed, statements for payment of Eligible Costs shall not include advance payments of any kind for unperformed work or materials not delivered and stored on the Property. 3. yerification, Submission and Pa trent. Each payment request will be submitted to the Executive Director of the Authority and the City Manager for review. Such review is for the purpose of verifying that the expenditure or work represented in each payment request and supporting documentation complies with the requirements of this Agreement. Upon the earlier of approval of such documentation or expiration of the ten (10) business day period, the City will make payments of Eligible Costs as set forth in such requisition request from moneys on deposit in the applicable account of the Project Fund, If the City or the Authority dispute all or any portion of the requisition, the City or the Authority, as the case may be, shall provide the Developer with a written dispute, setting forth the reasons for such dispute. If the objection is made on the basis of incomplete or insufficient documentation, the Developer shall promptly provide complete and sufficient documentation in a good faith effort to facilitate resolution. The Parties shall cooperate in good faith to resolve any dispute concerning the payment or reimbursement of Eligible Costs, but without being obligated to waive or relinquish any rights hereunder. If the Parties have not satisfactorily resolved any such dispute within ten (10) business days, the City may withhold the amounts in dispute from payment and shall process and pay the remainder of the undisputed Eligible Costs, and the Parties may proceed as hereinafter provided. 4. Dispute Resolution. If the Parties have not resolved a dispute pertaining to payment or reimbursement of Eligible Costs (a "Payment 01*ction") within thirty (30) calendar days of the submission of the Requisition, at the written request of any of the Parties involved in the dispute, the Parties shall comply with the following procedures: (a) The Parties involved in the dispute shall select all independent decision -maker ("Independent Decision -maker") for purposes of resolving the dispute. If the Parties are unable to mutually agree on all Independent Decision -maker, the Developer shall select a decision - maker ("Developer Decision -maker"), the City shall select a decision -maker ("City Decision - maker") and the Authority shall select a decision -maker (tile "Authority Decision -maker"), and the Developer Decision -maker, the City Decision -maker and the Authority Decision -maker shall collectively select an individual or fin -n with expertise in the field of construction or construction litigation to serve as the Independent Decision -maker who shall comply with the procedures bereinafter set forth, as if such decision maker was selected directly by the Parties. The Independent Decision -maker shall have no material affiliation or relationship with any of the Parties. If the Developer Decision -maker, the City Decision -maker and the Authority Decision - maker are unable to so select the Independent Decision -maker, any Party may file an action in the District Court for Jefferson County, Colorado, to have the Court select the Independent Decision -maker in accordance with the foregoing provisions. In the event that only two of the Parties dispute all or any portion of a Requisition, then only those two Parties shall be involved with this dispute process and the selection of the Independent Decision -maker. (b) The Independent Decision -maker shall review the information pertaining to any Payment Objection and shall provide an opinion in writing to the Parties involved with the dispute within ten (10) calendar days of submittal of the dispute as to whether the cost items in dispute constitute Eligible Costs. If the Independent Decision -maker determines that the disputed cost items constitute Eligible Costs, then within five (5) business days of receipt of the opinion, the City shall disburse the applicable amounts to the Developer fi-om moneys on deposit in the applicable account of the Project Fund. In the event the Independent Decision -maker determines all or a portion of the disputed payments do not qualify as Eligible Costs, then the City shall have no obligation to disburse such amounts to the Developer from amounts on deposit in the Project Fund. (c) While each Party agrees to the process under this Exhibit E, Section 4 for purposes of facilitating payments and the construction process, it shall do so tinder a complete reservation of its rights under this Agreement and otherwise and without prejudice to any claims it may have against the other Parties or others, which may include as applicable, and without limitation, recovery of any costs paid under Section 4(d) below. (d) Each Party to any dispute agrees to pay its pro -rata share of any retainer required by the Independent Decision -maker. If a dispute is addressed by the process under this Section 4, the non -prevailing Party shall pay all reasonable costs and expenses incurred by the Independent Decision -maker with respect to such dispute, and also the reasonable costs and expenses incurred by the prevailing Party or Parties in connection with such dispute. Tile non - prevailing Party's obligation to pay such costs and expenses shall be paid promptly after the decision is rendered. Notwithstanding the foregoing, the City's obligation to pay costs and expenses hereunder shall be subject to appropriation by the City Council. If a portion of each Parties' position is upheld, the Independent Decision -maker shall make a corresponding allocation between the Parties of the applicable costs and expenses. 5. &et�aina . Notwithstanding any provisions to the contrary contained herein, an amount equal to five percent (5%) of each periodic payment requested for work performed on Eligible Improvements may be retained in the Project Fund until the Eligible Improvements have been accepted in accordance with the City Requirements; provided, however, that for any contractor or subcontractor who perfornis a discrete portion of the work (eg. grading, storm drainage or other utility facilities), the retainage allocable thereto shall be released from the Project Fund when such portion of the work has been accepted in accordance with the City Requirements. LOAN COMMITMENT [11INUUM B111gaZTEMU&IMLIVIOM IVA THIS AGREEMENT made this of -, 2014 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Millennium Venture Group, Inc., a Delaware corporation, (the "Developer"), together referred to as the "Parties". U L* q 111 UU-1 � The Developer is the owner of certain real property located in the City of Whe Ridge, which is more particularly described in Exhibit A and made a part hereof (thl "Property"), commonly known as On -' .7- the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled A copy of the Final Plat attached hereto as Exhibit B and incorporated herein. The approvals cited above are contingent upon the express condition that duties created by this Agreement be faithfully performed by the Developer, I F-,Tej;j;q;94Lj NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: I . Purpose. The purpose of this Agreement is to set forth the term conditions, and fees to be paid by the Developer upon subdivision of the Property. conditions contained herein are in addition to any and all requirements of the City Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Rid Charter, any and all state statutes, and any other sections of the City of Wheat Rid n Municipal Code and are not intended to supersede any requirements contained therei I 3Fees. The Developer hereby agrees to pay City Development Revie fees to the City for engineering, hydrological, surveying, legal, and other servicl rendered in connection with the review of the subdivision of the Property. 4. Title Polic . Prior to recording of the final plat (or, if no plat is associated with the development; prior to and as a condition of final approval of the development by the City), a title commitment for all those portions of the Property, as well as any other interests in real property (easements, etc.) to be reserved for public purposes or dedicated to the City shall be provided to the City. The title commitment shall show that all such property is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable) which would make the dedication or reservation unacceptable as the City determines in its reasonable discretion. The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided within thirty (30) days after the recording of this Agreement, in an amount equal to the fair market value of the property so dedicated or reserved. 5. Breach by,the DevelODer: the Citv-, Rpmedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or cercate of occu!r ' # aemand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. ST Its. .0 41 () That the title conveyed shall be marketable and its transfer rightful; AnyaPublic Improvements conveyed shall be free from any security interest other lien or encumbrance; and (b) Any Public Improvements so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. (c) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for +*o-(2+jFewk*j-seaserts— The City will finally accept for maintenance all Public Improvements after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets aft r the City issues the first certificate of occupancy. elK, (0'-44 C . 7. Installation of Traffic Signal on, -38th Avenue. A traffic signal on 38h Avenue may be required to serve this development. Determination of the need for the signal shall be made by the City's Public Works Director, hereinafter "Directorprior to building permit issuance and based upon a traffic study for this development approved by the City, The Developer shall provide collateral for the estimated cost of installation of the traffic signal prior to building permit issuance, if the Director has determined that a signal is needed. Prior to building permit issuance, the Developer shall provide traffic signal plans for approval by the Developer and the Colorado Department of Transportation. The Developer shall notify the City in writing, a minimum of one hundred sixty (160) days prior to the desired time of installation/modification of the traffic signal in order to allow the City to coordinate the timing of the traffic signal improvements. If the Director approves installation of the signal based on meeting traffic warrants, the City shall then notify the Developer in writing of the exact amount required for the traffic signal improvements. The Developer shall then make payment to the City in cash for the required amount within sixty (60) days of receipt of such letter. The City will not commence traffic signal improvements until the Developer has paid to the City the total amount determined by the Director to be the total cost of improvements. 8. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developers expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of the Public Improvements at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improv- -i# i be made by the City, only after completion of construction and in the manner hereinafter set forth, The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be final. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans and specifications. He will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods 0 performance, or timeliness in the performance of the work. � • • ! • • • i i � �� '" � 4 • � � * , i shall furnish, erect anM maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take aV-re #i*irt - - ­0 A*4 through or around his construction operations as Developer and the Director shall deem reasonably necessary. 11. Related Costs - Publi,,t_!mprovements. T necessary engineering designs, surveys, field surveys, related to the construction of the Public Improvements including final drainage study letter certified accuraV. -egistered in the State of Colorado. le Developer shall provide all testing and incidental services at its sole cost and expense, by a professional engineer 12. Improvements to be the Propertv of thp Cit , All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be dedicated to the City and warranted for a period of twenty-four (24) months following acceptance by the City, as provided above. 13. Performance Guarantee. The Parties have entered into that certain Redevelopment Agreement dated April , 2014 and because of the Redevelopment Agreement, there is no performance guaranty required to secure the completion of the Public Improvements, After the City's acceptance of the Public Improvements, Developer shall provide an irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements, to be held by the City during the warranty period, The letter of credit gball be substantially in the form and content set forth in Exhibit D. 14. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City and shall indemnify and hold harmless the City for any property tax liability. 15. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed ' or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 16. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. to -0 no WO oW avivi r E1SWUM to gin Nis 1911114111 OPINION affect an o # # on nereut, aii M u 1F effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 23. gpyg[abg.w', The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 24. 6qg[qgy_Eggs. Should any party hereto institute an action or proceeding to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to recover from the party not prevailing all costs and expenses (including reasonable attorneys' fees) incurred by such prevailing is in connection with such action or proceeding and the enforcement of any judgment or settlement obtained in such action or proceeding and, the provisions of any such judgment shall expressly provide for the recovery of such post -judgment costs and expenses. A "prevailing party" includes one who dismisses an action brought under or with respect to this Agreement in exchange for the payment of the sums alleged to be due, performance of the covenants alleged to have been breached or other consideration substantially equal to that sought in such action. 25. Notice. All notices required under this Agreement shall be in writing an#,', shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Developer: Millennium Venture Group, Inc Alin: Jon Rankin 1509 York Street, 3rd Floor Denver, CO 80206 Notice to City: Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 26. Force Mgi!gure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fire$ and strikes. 27Assignment or As§ig!)!1)!gnt§. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 28. Recording of Agreement, This Aqreement shall be recorded in the rea, estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof. 29. Title and -Authorit . The Developer expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. By: Joyce Jay, Mayor ouwl-1 Janelle Shaver, City Clerk Gerald Dahl, City Attorney Millennium Venture Group, Inc., .• corporation By: STATE OF COLORADO $s. COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by , as of Millennium Venture Group, Inc., a Delaware corporation, 11y commission expires: 20668744 v3 Notary Public City of h6atfkd ,j_�ge CoMmUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave, Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 ff. McNeish MVG Development 1509 York St., 3"' Floor Denver, CO 80206 Dear Mr. McNeish: At its meeting of May 12, 2014 City Council approved Case No. MS- 14-01, a request for approval of a four -lot subdivision plat with right-of-way dedications for property zoned Commercial One (C-1), located at the southwest comer of 381h Avenue and Kipling Street for the following reasons: L City Council has conducted a proper public hearing that meets 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, which has forwarded its recommendation. 3. The subdivision plat has been, found in compliance with Article IV of Chapter 26 of the Code of Laws. 4, All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: 1. The developer enters into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kim Waggoner Administrative Assistant Enclosure: Draft of Minutes MS1401N1VGDevCC.doc www.d.wheatridge.coms 1= 1. The developer enters into a subdivision improvement agreement with requirill security prior to recordation of the subdivision plat. 2. Council Bill No. 04-2014 — approving an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow Marijuana Research and Testing on property located at 3924-4096 Youngfield Street (Case No. WZ-14-04/RMBI) Councilmember Fitzgerald introduced Council Bill No. 04-201 A The applicant, Rocky Mountain Biosystems, seeks to amend their existing Outline Develoy,ment Plan I�ODP�, to allow testing. Lq n cus I It r. 10 #111 #11 ger, 1 9 -9 0- 3. Motion to appoint Janeece Hoppe as a City Director to the Wheat Ridge Business District Board of Directors, Term to expire March 31, 2018 CITY MANAGER'S MATTERS Patrick Goff reminded citizens of an Open House this Wednesday, May 14 from 5:00 — 7.00 pm here in Council Chambers at City Hall, Information will be provided about the City Council Minutes May 12, 2014 Page 2 "Click It or Ticket" Mobilization Mayor Jay read a proclamation announcing May 19 -June I as the "Click It or Ticket" period to ensure the use of seatbelts. Chief Brennan noted the City receives grant dollars from the State Department of Transportation for this effort and "The Heat Is On", which focuses on DU1 enforcement. He said our officers will be out there educating and doing enforcement. Carol Salzman (WR) invited Council, city staff and citizens to the 2014 Leaves of Hope that will be run Sunday, June I at Lutheran Medical Center. It is the largest national cancer survivor celebration in Jefferson County, She thanked Patrick Goff and the City for sponsoring the Kids' Dash — a free event for 6 -year olds and under, She gave some details about the day. Complete information is available at the website: www.leavesofhope.gM Eric Wilson (WR) thanked Council and City staff for the 38 th Avenue improvements, Rachel Hultin (WR) expressed her support for 38 th Avenue as a destination, She Jennifer Shepherd (WR) thanked Council for taking the time to have discussions about how the marijuana industry will impact the health of our children and our community, She acknowledged the organization Smart Colorado that is concerned about the unintended consequences marijuana will have on our youth, She shared some science, research and statistics about the impact of marijuana on our youth — including negative effects on the brain, diminishing academic performance, judgment, memory, motor skills and motivation, and lower Tara Jahn (WR) invited Councilmembers to upcoming Live Local events this summer — Cruiser Crawls, Family Yoga in the Park, First Friday Art Walk and the new Friday Night Live, which will have a stage and live bands. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I . Resolution No. 28-2014 — approving a four -lot Subdivision Plat with Right -Of - Way Dedications for property zoned Commercial -One (C-1) located at the Southwest Corner of W. 38t� Ave. and Kipling St. (Case No. MS -14-01) City Council Minutes May 12, 2014 Page 3 This subdivision plat is for the redevelopment project at 38tt& Kipling. Staff Rego Ken Johnstone gave a staff presentation outlining basic elements of the plat. • The subdivision creates four lots — for Sprouts, the memory care facility and two lots at the hard corner of 38th & Kipling for retail/restaurant uses. • Included are dedication of easements for utilities, access, and rights-of-way. • The 38th Ave, easement is for sidewalk and landscaping. • The Kipling easement is for sidewalk, a landscaped tree lawn and an excel/decel turn lane. • Sidewalks and landscape amenities will be installed on adjacent streets. • Substantial storm water improvements will be done to divert water to Lena Gulch, • The City and our urban renewal authority are participating financially in the installment of a portion of the public improvements. Mayor Jay opened the public hearing, which, for the record, included the staff report just given. W01 R. McNeisch, with MVG Development, spoke on behalf of the development team, He thanked and commended the staff for their helpful efforts in moving the project forward, He testified that the plat configuration is deliberate — for the businesses, and for the City relative to right-of-way needs on 38 th Ave. and on Kipling. They are actively marketing for a fourth business for Lot 2 that is a compatible use. 83= Motion by Councilmember Pond to approve Resolution No. 28-2014, a resolution approving a four -lot subdivision plat with right-of-way dedications for property zoned Commercial -One (C-1) located at the southwest corner of W. 38 th Avenue and Kipling Street, for the following reasons: I . City Council has conducted a proper public hearing that meets 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, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense. WA City of roOrWh6atRc � ITEM NO: DATE: May 12, 2014 FOUR -LOT SUBDIVISION PLAT WITH Rrw&IGHT-OF-WAV DEDICATIONS DED CATION FOR PROPERTY ZONED COMMERCIAL- ONE CI► ERCIAL-ONE (C-1) LOCATED AT THE SOUTHWEST CORNER OF W. 38'hAVENUE AND KIPLING STREET (CASE NO. MS -14-01) PUBLIC :HEARING El ORDINANCES FOR I ST READING BIDS/MOTIONS El ORDINANCES FOR 2° READING RESOLUTIONS QUASI-JDI IAL: YES No !, ommunity Kiev lop P rre+ct City Manag er ISSUE: The applicant is requesting approval of a four -lot subdivision plat for property zoned Commercial - One (C-1) and located at the southwest corner of W. 38th Avenue and Kipling Street. The purpose of the request is to establish neve lot lines and shared access to allow redevelopment of the entire 6.35 -acre site. PRIOR A+CT"IQ . Planning Commission recommended approval of this subdivision request on April 17, 2014. Attached are copies of the Planning Commission staff report and meeting minutes. The site is the subject of several related applications. City Council has approved project financing and a redevelopment agreement for the property. Staff is currently reviewing a site plan for development of a Sprouts Farmers Market and a special use permit for a senior care facility. Council Action Form May 12, 2014 Page 2 FINANCIAL IMPACT: for the review and cessing of Case No. MS- 14-01 and the associated site plan. The subdivision and subsequent redevelopment of the property support economic development goals and will help to strengthen and diversify the City's tax base. BACKGROUND: The property is located at the southwest comer of Kipling and W. 38'h Avenue with frontage on five public streets: Kipling Street, W. 38h Avenue, Lee Street, W. 37h Place, and Kline Street. The property is zoned Commercial -One (C-1), and surrounding properties include a variety of zoning designations and land uses including residential to the west, commercial to the north and south, and Discovery Park to the east. The total size of the subject property is 276,782 square feet or 6.35 acres. The site is comprised of four unplatted parcels; two are currently owned by the applicant and two are under separate ownership. The majority of the site is paved, and the existing development is nonconforming with respect to landscaping, streetscape, and architectural standards. The site has been the subject of several code enforcement cases in recent years and is identified in the City's comprehensive plan, Envision neat Ridge, as a high priority redevelopment area. if the subdivision is approved, the applicant intends to scrape and redevelop the site in its entirety. The applicant is serving as the master developer and will be responsible for public improvements; development on each lot will be reviewed separately, I Proposed Plat WWWw7pil vision - lat will establish four lots: two smaller lots at the hard comer of 38"' and Kipling, one larger lot along the Kipling Street frontage, and another larger lot on the western part of the 38"' Avenue frontage. The C- I zone district does not include minimum lot size and lot width requirements, however the development parcels do appear to be shaped and sized appropriately to accommodate future development. Several portions of right-of-way are, being dedicated by . the plat. These will accommodate an ;n of an acceleration/deceleration lane on I ane on W. 38b Avenue. A narrow strip of Lee Street is substandard in width. The will be outlined in a subdivision improvement agreement and recorded wit e , nal plat. The subdivision plat includes standard utility and drainage easements, as well as a blanket cross access easement that will allow shared use of all parking and drive aisles. The new development will consolidate the many existing curb cuts to improve safety and streetscape. Street access is proposed to include two curb cuts on Kipling and one on W. 38th Avenue, one on Lee Street, and a fifth at the intersection of W. 37h Place and Kline Street. These access points are not shown on the plat and will be approved through site plan review. May 12,2014 Page 3 A traffic study and master drainage report were reviewed •and approved for the entire site. Water quality features will be provided on-site to treat storinwater. Because of the proximity to Lena Gulch, runoff will be conveyed to and discharged into the gulch, All affected service agencies were contacted for comment on the subdivision plat, and have "pressed an ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development, and the applicant is in direct contact with the appropriate utility agencies. LRECQM�LE�LDED MOTION: "I move to approve Resolution No. L8-2014, a resolution approving a four -lot subdivision plat with right-of-way dedications for property zoned Commercial -One (C-1) located at the southwest comer of W. 38th Avenue and Kipling Street, for the following reasons: I . City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdon has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in cornpliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the prope y with improve ents instal d a t the rt developer's expense. in le and with the following conditions: I . The developer enters into a subdivision improvement agreement with required securi prior to recordation of the subdivision plat." I W I move to deny Resolution No. 28-2014, a resolution approving a four -lot subdivision plat with rigbt-of-way dedications for property zoned Commercial -One (C-1) located at the southwest comer of W. 38d' Avenue and Kipling Street, for the following reasons: I. 2. 3. 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 PREEA_RED/REVIEWED BY: Lauren Mikulak, Planner 11 Meredith Reckert, Senior Planner Council Action Form May 12, 2014 Page 4 Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1, Resolution No. 28-2014 2, Planning Commission minutes draft 3. Planning Commission staff report CITY OF WHEAT RIDGE, COLORADO Resolution No. 28 Series of 201/_ TITLE: A RESOLUTION APPROVING A FOUR -LOT SUBDIVISION PLAT WITH RIGHT-OF.WAY DEDICATIONS FOR PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT THE SOUTHWEST CORNER OF W. 38h AVENUE and KIPLING STREET (CASE NO. MS-14-ol) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Millennium Venture Group, Inc. to subdivide property located at the Southwest comer of W. 38 th Avenue and Kipling Street in a Commercial -One zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a May 12, 2014 City Council public hearing have been met, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A FOUR -LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED COMMERCIAL-ONELOCATED 1 .* OF W. 381h AVENUE and KIPLING STREET (CASE NO. MS -14-01) FOR THE FOLLOWING REASONS: I - City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense. I . The developer enters into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 12th day of May 2014. Attachment 1 Joyce Jay, Mayor ATTEST; Janelle Shaver, City Clerk Commission lv Planning Commission Minutes . April 17, 2114 Attachment 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. 7. PUBLIC HEARING A. Case No. MS -14-01: An application filed by MVG Development for approval of a minor subdivision plat with right-of-way dedication for property zoned Commercial One (C- 1), located at the southwest comer of 38"' Ave. and Kipling St., including 10100 W. 38'h Ave., 10040 W. 38h Ave., 3795 Kipling St., and 3725 Kipling St. Ms. Mikulak presented the case. She entered into the record the contents of the case file, the zoning ordinance, the subdivision regulation and the digital presentation. She stated the public noticing and posting requirements have been met. She stated the property has never been platted. A subdivision is a document that creates a record of land and creates or reconfigures lots, tracts or parcels for the purpose of sale or development. It is also a documents used to evaluate city right -cif moray, ,II can be conveyed to or from the city and private parties. It is also an opportunity to review civil documents such as a traffic study and drainage report. A plat does not change the zoning or permitted uses. She said there are separate land use applications for the building and site designs. Both are currently being reviewed by staff and will not require a public hearing. City Council and the Urban Renewal Authority reviewed and approved a redevelopment agreement that approved tax increment financing on April 21, 2014. Commissioner BUt"AM inquired about the right-of-way dedication on Lee Street an asked if the current street width is 30 feet. Ms. Mikulak stated yes. In response to Commissioner DORSEYS question about Kipling, Ms. Mikulak stated the dedicated right-of-way can accommodate an acceleration/deceleration lane as well as the detached sidewalk and amenities. Commissioner WEAVER asked if the right-of-way on 38th Ave. traveling east is narrower and then widens to accommodate a turn lane. Ms. Mikulak stated there is a need to accommodate additional width for the left turn lane at the intersection and into the site. Mr. Brink stated that is correct. He stated there may be a need to restripe the streets because the lanes don't currently align across the intersection. Commissioner WEAVER asked if there was room for curb and sidewalk along 38'h. Ms. Mikulak stated there will he detached sidewalk and a tree lawn on 3e and the additional dedication will accommodate all the improvements. Planning Commission Minutes -2— April 17, 2014 askedCommissioner WEAVER asked if 38'h is a hike route. Ms. Mikulak stated it is on the bike/pedestrian route and identified to have detached sidewalks. Commissioner TIMMS why the property Mikulak stated the primary interior drive will follow the spine of the curved line. That shared property line will be the center line of the drive and it helps to accommodate the lot sizes for• ite plan review process. 111 TPlications for permitted uses �N F Planning Commission Minutes April 17, 2014 Patricia Oliver 7057 W. 29th Ave. Ms. Oliver inquired about Clancy's Irish Pub. Ms. Mikulak stated the Property Owner that signed the lease with Clancy's is not a party to the application. The current property owners have given permission to MVG to submit the subdivision plat. The City's . Economic Development Department is working with Clancy's to help relocate them in Wheat Ridge. Chad Martin Clancy's Irish Pub 10117 W. 371h pl. Mr. Martin stated Clancy's does not have a new location. He asked if Clancy's is entitled to Wheat Ridge Urban Renewal funds for a buyo*btielocation. Ms. Mikulak stated the Urban Renewal Authority is a separate body from the Planning Commission. She encouraged him to keep working with the Edmiomic Developiment Department, Ms. Heaton asked how the additional traffic flow will be handled. Mr. Brink stated there will be various traffic improvements. There will be an acceleration/deceleration lane along southbound Kipling. The traffic lanes on 38"' Avenue will be reconfigured and realigned to accommodate a left turn lane into the site. The traffic study analyzed rastructure can 41rairIX ovements in and out of the site, and the roadway itif III; 1111i I SRI! p7l Planning Commission Minutes -4— April 17, 2014 8. J It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend approval of Case No. -14-01, a request for approval of a four -lot minor subdivision plat on roperty zoned Commercial One (C-2) and located at the southwest corner of W. 38` Avenue and Kipling Street for the following reasons; 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions; I. Corrections regarding utility, di prior to the public hearing at City�,,, . The typo on sheet 3 be cor . The developer enter into a subdi security prior to recordation of the Ms. Mikulol will make6a7l, w ►• = ftce for e ��acknowledeed that a •I , -11111WRI 0 Monday, si, t • Imt for PlanningCommission. WEAVERIt was moved by Commissioner BUCKNAM and seconded by Commissioner to adjourn meeting at 7:52 p.m. Motion carried 6-0. Scott Ohm, Vice Chair r 1k,TJM_M- April 17,2014 Krim Waggoner, Recording Secretary ��A41 City of qrWh6at"ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: April 17, 2014 CASE NO. & NAME: MS -14-01 / 38th and Kipling ACTION REQUESTED: Request for approval of a four -lot minor subdivision with right-of-way dedication on property zoned Commercial -One (C-1) LOCATION OF REQUEST: Southwest corner of 38'h and Kipling APPLICANT(S): Millennium Venture Group, Inc. (MVG Development) PROPERTY OWNER(S): Multiple: Gendron Properties, LLC; Neil Kimmel; TPR Acquisition Group, LLC; Peter Jacob Investments LLC APPROXIMATE AREA: 276,782 Square Feet (6.35 Acres) PRESENT ZONING: Commercial -One (C-1) PRESENT LAND USE: Retail sales and services, vacant commercial building ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Planning Commission Case No. US -14-01 / 3e and Kipling Attachment 3 Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a four -lot minor subdivision with right-of-way dedication on property zoned Commercial -One (C-1) and located at the southwest corner of Kipling and W. 38`h Avenue. The property has never been platted, and the purpose of the request is to prepare four lots for commercial redevelopment. The plat is processed as a minor subdivision. In this case, because the subdivision includes right-of- way dedications, Planning Commission will make a recommendation to City Council which is the final authority for approval. Please note that the property is subject to several related and active applications that are not under consideration by the Planning Commission. These include the following: • A site plan review for development of a Sprouts Farmers Market on Lot 4; this is being reviewed administratively. • A special use permit and site plan review for development of a MomingStar senior care facility on Lot 1; this is currently being reviewed administratively, and a 10 -day public noticing period will determine whether this is approved by staff or by City Council. • Project financing and a redevelopment agreement for all four lots; this will be reviewed by Renewal Wheat Ridge and City Council. While related, these applications should not affect the recommendation of the Planning Commission as related to the subdivision application. The purpose of the subdivision plat is to confirm property boundaries, access, rights-of-way, easements, and utility service to enable future development. H. EXISTING CONDITIONS The property is located at the southwest corner of Kipling and W. 38`h Avenue with frontseon five public streets: Kipling Street, W. 38`h Avenue, Lee Street, W. 37`h Place, and Kline Street 't", Aerial). The property is zoned Commercial -One (C-1), a zone district which provide for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Land uses in the C-1 zone district are often supported by the community and/or entire region. The surrounding properties include a variety of zoning designations and land uses z# 2, Zoning). Residential uses are located primarily to the west of the property and include single-, two-, and multi- family residences zoned R-2 and R-3. Commercial and public uses are located to the south, west, and east. Immediately to the south is a small office building zoned Restricted Commercial (RC). To the east is a restaurant and the City's Discovery Park, both of which are zoned Planned Commercial Development (PCD). To the north is a dental clinic zoned PCD, vacant land zoned R-1, and a fueling station zoned C -l. The total size of the subject property is 276,782 square feet or 6.35 acres. The site is comprised of four unplatted parcels, each of which is under separate ownership. The table below summarizes the existing uses on each parcel. Planning Commission Case No. MS -14-01 / 38'h and Kipling Parcel Landt Ire Ir�� ��� ci {(�e current address) ll nts � . The subdivision plat includes a blanket, cross access easement that will allow shared use of all parking and drive aisles. The new development will need to consolidate the many existing curb cuts to improve safety and streetscape. Because the access easement spans the entire site, access points into the parcels are not show on the plat; these will be shown on the site plan applications in relation to building footprints and parking lots. Primary access points are proposed to include two curb cuts on Kiand one on W. 38h Avenue; secondary access will be provided o plingn Lee Street and at the intersection of W. 37h Place and Kline Street. The blanket cross access easement should not be interpreted to mean that a curb cut can be proposed anywhere along the perimeter of the property. To this end, staff has recommended that a note be added to the plat indicating that access shall be consistent with the approved traffic study any approved site plan. This is recommended as a condition of approval. Drainage A master drainage report was reviewed for the entire site. Water quality features will be provided on- site to treat stormwater. Because of the proximity to Lena Gulch, runoff will be conveyed to and discharged into the gulch. The drainage report has been approved by the Public Works Department and all required storm sewer and drainage easements are provided on the plat. All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. The developer will be, responsible for any needed upgrades to accommodate the proposed development, and the applicant is in direct contact with the appropriate utility agencies. Specific referral responses follow. I Wheat Ridge Public Works: The plat and supporting technical documents have been reviewed and approved. Renewal Wheat Ridge: No conflict with urban renewal plans. Wheat Ridge Fire District: Can serve. Westridge Sanitation District: Can serve. Consolidated Mutual Water District: Can serve. Xcel Energy: Can serve. Colorado Department of Transportation: No concerns. Comcast Cable: No comment. Century Link: No comment. 4 Planning Commission Case No. HS -14-01 138" and Kipling V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed minor subdivision plat is compliant with the C-1 zone district regulations and results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property with improvements installed at the developer's expense. For these reasons, Staff recommends approval of the plat with the conditions listed below. V. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS -14-01, a request for approval of a four -lot minor subdivision plat on property zoned Commercial -One (C-1) and located at the southwest corner of W. 38th Avenue and Kipling Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Corrections regarding utility, drainage, and access easements be provided prior to the public hearing at City Council. 2. The typo on sheet 3 be corrected—tract A should refer to note 7. 3. The developer enter into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. Option B: "I move to recommend DENIAL of Case No. MS -14-01, a request for approval of a four -lot minor subdivision plat on property zoned Commercial -One (C-1) and located at the southwest corner of W. 38`h Avenue and Kipling Street, for the following reasons: 1. 2. 3. " Planning Commission Case No. MS -14-01 / 38,h and Kipling EXHIBIT 1: AERIAL The subject property is located at the southwest corner of W. 38" Avenue and Kipling Street and is highlighted in blue below. MiL Planning Commission Case No. MS -14-01 / 38`h and Kipling EXHIBIT 2: ZONING MAP A Planning Commission Case No. MS -14-01 / 38`h and Kipling OWNER'S CERTIFICATE WE, MILLENNIUM VENTURE GROUP, INC., A DELAWARE CORPORATION BEING 774E OWNER OF REAL PROPERTY CONTAINING 6.35 ACRES DESCRIBED AS FOLLOWS' A PARCEL OF LAND BEING THE COMBINED FOUR PARCELS AS DESCRIBED UNDER RECEPTION Na 94147962, F0358898, F2128181 AND F1630843 OF THE RECORDS OF THE COUNTY OF ,EFFERSON, SITUATE IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF "FERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S0012'36E ALONG THE EAST UNE OF SAID NORTHEAST QUARTER, A DISTANCE OF 4000 FEET.' THENCE S8912'50'W ALONG A UNE PARALLEL WITH THE NORTH UNE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.07 TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF NORTH KIPUNG STREET AS RECORDED IN BOOK 2444 AT PAGE 376, SAID PONT BEING THE PONT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LUNE OF NORTH KIPUNG STREET AS RECORDED IN BOOK 2368 AT PACE 731, BOOK 2128 AT PAGE 357 AND BOOK 2177 AT PAGE 114 OF THE RECORDS OF SAID COUNTY THE FOLLOWING THREE (J) COURSES 1)S0012.38E A DISTANCE OF 189.95 FEET,; 2) THENCE 58911'50'* A DISTANCE OF 500 FEET,; J) THENCE S0011'36E A DISTANCE OF 435.76 FEET TO A PONT ON THE SOUTH UNE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE S 8914'4,3' W ALONG SAID SOUTH UNE, A DISTANCE OF 26510 FEET TO A PONT ON THE EAST RIGHT-OF-WAY LINE OF NORTH KUNE STREET SAID PONT BEING 2000 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST UNE OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE NOO1J'24'W ALONG A UNE BEING 20 FEET EAST AND PARALLEL. WITH SAID WEST UNE, A DISTANCE OF 31060 FEET TO A PONT ON THE NORTH RIGHT -O' -WAY UNE OF WEST 377H PLACE AS RECORDED IN BOO( 1579 AT PACE 296 OF THE RECORDS OF SAID COUNTY,, THENCE ALONG THE NORTH RIGHT-OF-WAY UNE OF SAID WEST 37TH PLACE THE FOLLOWING TWO (2) COURSES 1) 56912.50-W ALONG SND NORTH RIGHT -O' -WAY UNE, A DISTANCE OF 315.03 FEET TO A PONT OF CURVATURE.- THENCE URVATURE:THENCE 23.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 9033D0' AND SUBTENDING A CHORD BEARING OF N4530'40'W A CHORD DISTANCE OF 21.31 FEET TO A PONT ON THE EAST RIGHT-OF-WAY UNE OF NORTH LEE STREET, BONG 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST UNE OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20. THENCE N0014'10'W ALONG SAID EAST RIGHT-OF-WAY UNE BEING 20.00 FEET EAST AND PARALLEL WITH SAID WEST UNE, A DISTANCE OF 309.87 FEET TO A PONT ON THE SOUTH RIGHT-OF-WAY UNE OF WEST 38TH AVENUE AS RECORDED IN BOOK 844 AT PAGE 3711L BOOK 957 AT PAGE 523 AND RECEPTION Na 86096522 OF THE RECORDS OF SAID COUNTY, SAID PONT BEING 30.00 FEET SOUTH AS MEASURED PERPENDICULAR TO THE NORTH UNE OF SAID NORTHEAST QUARTER OF SECTION 28. IH04CE N8912'50E ALONG SAID SOUTH RIGHT-OF-WAY UNE, BEING 3000 FEET SOUTH AND PARALLEL WITH SAID NORTH UNE, A DISTANCE OF 590.50 FEET TO A PONT, SAID PONT BEING THE NORTHWEST CORNER OF SAID BOOK 2444 AT PACE 375 OF THE RECORDS OF SAID COUNTY,• THENCE 5452854 E HANG THE SOUTHWESTERLY UNE OF SAID BOOK 2444 AT PAGE 376,A DISTANCE OF 14.07 FEET TO THE POINT OF BEGINNING, CONTAINING 276782 SQUARE FEET OR 6.35 ACRES MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAIED UNDER THE NAME AND STYLE OF MVC MARKETPLACE SUBDIVISION RUNG N0. 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TD THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT -O' -WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS STREET LIGHTS AND ALL APPURTENANCES THERETO. BY -YN S. POftLL VICE PRESIDENT MILLENNIUM VENTURE GROUP, INC. STATE OF COLORADO ) SS COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OFA.D. 2014 BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES ROTA? -POB NWR Hl1RKETPUC E SMoDNM0300H FLO[n�C� MOo it A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 3 I -w W. HM AVE 4 ffi E 4 W JOIN AWE W� 7 yZN Y w l21N AK VICINITY MAP N. T. S. GENERAL NOTES 1. SHEET 2 OF THIS PLAT SPECIFIES THE EXISTING PARCEL BOUNDARY LINES TO BE REMOVED AND E)IISTING EASEMENTS TO BE VACATED BY THIS PLAT. 2 SHEET J OF THIS PLAT SPECIFIES THE PROPOSED LOT LINES AND NEW EASEMENTS HEREBY CREATED AND THE PROPOSED RIGHT -CF -WAY HEREBY DEDICATED, BY THIS PUT. I ALL EASEMENTS IDENTIFIED ON THIS PUT AS BEING 'HEREBY VACATED' SHALL FOREVER BE VACATED, TERMINATED AND EXTINGUISHED UPON THE RECORDATION OF THIS PUT WITH THE ,JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE. 4. STREET ACCESS FROM PERIMETER STREETS SHALL BE SHARED AMONG ALL LOTS AND SHALL BE CONSISTENT WITH THE CURB CUTS APPROVED ON THE SITE PUN PER CASE NO WSP-14-01. CROSS ACCESS EASEMENT THE OMER OF LOIS 1, 2, J, AND 4 OF MVG MARKETPLACE SUBOVISION FILING NO. 1, HIS SUCCESSORS AND ASSIGNS GRANTS A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS ACROSS THE PARKING AREAS AND DRIVE AISLES OF LOTS 1, 2, J. AND 4 OF MVC MARKETPLACE SUBDIVISION FILING NO. 1. EASEMENTS EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PUT. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, CAS TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACIUTES UTpJTXS SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVI9ON'PERMANENT STRUCTURES AND WATER METERS 91ALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. STORM DRAINAGE EASEMENT THE STORM DRAINAGE FACIUTIES WITHIN THE AREA HEREIN SHOWN AS 'STORM SEWER EASEMENT- SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS HEIRS SUCCESSORS AND ASSIGNS IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WFICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE DETENTION AREA AND NO CHANCES OR ALTERATIONS AFFECTING THE HVDRAUIJC CHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF 2014, BY THE WHEAT RIDGE PLANNING COMMISSION. CITY CERTIFICATION APPROVED THIS _ DAY OF 2014 BY THE WHEAT RIDGE CITY COUNCIL ATTEST SURVEYOR'S CERTIFICATE I. HAROLD -: PONSERELLA DO HEREBY CERTIFY THAT THE .SURVEY OF THE BOUNDARY OF MVC MARKETPLACE SUBDIVISION FILING NO. 1 WAS MADE BY ME OR UNDER MY DIRECT SVPERW90N AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WIN ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF COLORADO COUNTY OF 33FERSOV I HEREBY CERTIFY THAT THIS PUT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF .,EFFERSON COUNTY AT GOLDEN, COLORADO, AT _O'CLOCK — M. ON THE _ DAY OF 2014 A.D., IN BOOK __, PAGE RECEPTION NO. JUTERSON COUNTY CLERK AND RECORDER BY: DEPUTY CASE HISTORY MS -14-01 CUSP -14-01 2013-14 m ZD V) Of oc as JYp� 0 Do 1) NW2 H&MMIETpUC SU D 10 ll V(DI V MOM H(D. T A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS A VE ROW TRIANGLE W 38TH A S. ROW BK. 2444 PG. 376 4.64 PRO„ECT No R600-274 PERMANENT EASEMENT No. PE -1 RECP. No 2005122080 P.O.B. i a 2 3 DETAIL 'A' 3 SCALE I" = 10' BAR SCALE 0 25 50 100 Scale 1' = 50' LEGEND (R) INDICATES RECORD INFORMATION (M) MDI CA TES MEASURED INFORMATION (C) INDICATES CALCULATED INFORMATION INDICATES TRACT 'A" RIGHT-OF-WAY (ROW) DEDICATION INDICATES SECTION / QUARTER CORNER MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SECTION LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE CASE HISTORY YS -14-01 MSP -14-01 2013-14 Z N114 CDR SEC 16 OL END J-1/4' ALUM a �/ FM Na 4 -� (DEED LINE HEREBY % M 4W/cAP 2200 �S8972' 0'W 5.00 1_371.07' T �o 660.51' 30.2¢ 30.26 REMOVED BY THIS PLAT) amw. 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BOX LOT 2 C=21.31 ' LOT 1 1' `M 8 PARCEL 4 pd?..B. 38TH&KIPLING LOT 18 m o I 8 lDEm , HE�aY $ ' PARK SUB T Q=ry �BN tUf � O REVOLED BY INS PUT) o ^OBC ZONED CI 3y LS7W�IAGXCGAT ('� - VALLEY VISTA ¢ �C`• [➢i t. A[b (N.1 ZONED R-3 S 89'12'50' W 115.01 A3 �OOT ti- W� Oi R� ."+ gm3 - 4D• o PARCEL 2} buy r k. AaYssN N (DEED UNE HEREBY REMOVED BY THIS PLAT) �1 ANuA"rnm' ROW Lk KFLWG �t P I 3 �O nW� I Z pO EXCEP7D AREA nUCT 145 coot I rO PARCEL 3 g S 8972'50" W 115.01' T 1' /NtASS OIS[ pi ASPHALT —T. -7 40. O NB9-12.50"E 110.19' b m ZD V) Of oc as JYp� 0 Do 1) NW2 H&MMIETpUC SU D 10 ll V(DI V MOM H(D. T A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS A VE ROW TRIANGLE W 38TH A S. ROW BK. 2444 PG. 376 4.64 PRO„ECT No R600-274 PERMANENT EASEMENT No. PE -1 RECP. No 2005122080 P.O.B. i a 2 3 DETAIL 'A' 3 SCALE I" = 10' BAR SCALE 0 25 50 100 Scale 1' = 50' LEGEND (R) INDICATES RECORD INFORMATION (M) MDI CA TES MEASURED INFORMATION (C) INDICATES CALCULATED INFORMATION INDICATES TRACT 'A" RIGHT-OF-WAY (ROW) DEDICATION INDICATES SECTION / QUARTER CORNER MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SECTION LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE CASE HISTORY YS -14-01 MSP -14-01 2013-14 Z N114 CDR SEC 16 END 3-1/4' ALUM CAP END J-1/4' ALUM a �/ FM Na 4 -� (DEED LINE HEREBY % M 4W/cAP 2200 �S8972' 0'W 5.00 1_371.07' T 660.51' 30.2¢ 30.26 REMOVED BY THIS PLAT) amw. D.D23 In �I IM1 �I W . ¢ 20' NI el � tllg I.; 1 Ib 1 ryj _ 659.91j ry BY N 89'16'35" E h l 2639.65' W ' 's =I gIn 'o z— I I^ �I g Clp Car SEC 28 S 8970'22" W 2637.25' E1/4 CM SEC. 26 45. FWD J-1 4' ALUM CAP LS 24962 IN .ON BOX CAP LS 3211 IN YM BOX r � � Yt N R SET NAAJiX9N IN CMC O 6' OFFSET 3 To PROP roR. iT� Mo. 3 REBARNo \w/ Zow —PLASTIC N. W w ]71H PL S 89'12'50' W 315.03' w D>nniow Ls 19780 0.215 PiAsnc CAP u ,.n2 U WEwALX/ W. 37TH PLACE $ � nR=15.0 • BK. 1579 PG 296 `t N CN z D=9033'00' w W e ry a ~o !0 L=23.71' b, PARCEL 1_ h N CB=N 45'30'40' W C=21.31 ' LOT 1 1' `M NSI y $ �+ R 9'.10 gl LOT 18 Z �BN d VALLEY VISTA d w Y ZONED R-3 •`t Y Ai CS 3a� vn ABa'c I -- ; omr m 0 o'rAu& Br nos nAp 1 cn� Eli;9 S 8974'43" W 330.11'(C) s LN.NE, 4 NEl/j NEt 4 SEC END Nu 4 S 89'14'43' W 265.10' END Na . 45 LLS 22109. 0.20'w, 0.091N LOT 1—A LS 2RER�2O94w/c'� ELLER SUBDIVISION D05". 0,01W �Il ZONED R -C i C1/4 COR. SEC. 28 FND 3-1/4" BRASS CAP LS 24692 IN MON. BOX /i 5 LIN NEt/4gj,3p S89�637.25'(R) 2537.22'(M) E1/4 COR_ SEC. 28 FND 3-1/4' ALUM CAP LS 13212 IN MON. BOX m ZD V) Of oc as JYp� 0 Do 1) NW2 H&MMIETpUC SU D 10 ll V(DI V MOM H(D. T A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS A VE ROW TRIANGLE W 38TH A S. ROW BK. 2444 PG. 376 4.64 PRO„ECT No R600-274 PERMANENT EASEMENT No. PE -1 RECP. No 2005122080 P.O.B. i a 2 3 DETAIL 'A' 3 SCALE I" = 10' BAR SCALE 0 25 50 100 Scale 1' = 50' LEGEND (R) INDICATES RECORD INFORMATION (M) MDI CA TES MEASURED INFORMATION (C) INDICATES CALCULATED INFORMATION INDICATES TRACT 'A" RIGHT-OF-WAY (ROW) DEDICATION INDICATES SECTION / QUARTER CORNER MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SECTION LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE CASE HISTORY YS -14-01 MSP -14-01 2013-14 NE114 SECTION 28 DETAIL SCALE 1"= 500' NE COP. NEI/4 SEC 26 N114 CDR SEC 16 END 3-1/4' ALUM CAP END J-1/4' ALUM LS 13212 IN GAP LS 13112 INN 8972'50" E 1642.06' 1321 OJ 1_371.07' T 660.51' 30.2¢ 30.26 �Ih In �I IM1 �I NI el � tllg I.; 1 Ib 1 ryj _ 659.91j 319_96129.96' BY N 89'16'35" E h l 2639.65' W ' 's =I gIn 'o all'n I I^ �I Clp Car SEC 28 S 8970'22" W 2637.25' E1/4 CM SEC. 26 MD 3-1/4' &W FWD J-1 4' ALUM CAP LS 24962 IN .ON BOX CAP LS 3211 IN YM BOX NE114 SECTION 28 DETAIL SCALE 1"= 500' 2 Q, 1 � L-23.42' TOTAL AREA �o CO -N44 -29'20'E .'C z n LD 17782 S.F. C=21.11' w_x Or Z 1 L2 COT' W (�j a 3M 10P•M ^p O D=90'3.7'00' LOT 1 LOT 1 n ZONED C-1 L4 LOT 1 CONSOLIDATION PLAT CB=N45.30'40'W 330 ao WHEAT RIDGE AMOCO STATION UNPLATTED UNPLATTED �a DENTAL GROUP No. 5215 ZONED RI ZONED RI0 �Lo S R®AR ZONED PCD UNPLATTED ZONED CI N1/4 COR. SET ML/Dm NSOOYXI'00'W ZONED RI _263.60' E91IT. S LN. NE1 4 NEI/4 NE7 14 SEC. 28 FND 381/4' ALUM IN CONC CUTTER •8' TD S 8974'43' W 265.10' FM WEST 38TH AVENUE ROWTRIANGLE SK. CAP LS 13212 IN PROD' COR ON LK Z ( ROW RECD. No. 86096522, BK. 957 PC. 523, BK. 844 PC. 378) Pa 376 MON. BOX /u TOME L=23.71' S69'12'50'W 2642.06'(R 2642.11'(+Ad) 47.64' -� CB -N 45 30'40' W 4B29' z6 330.26 330.26' BEi Na 4 R£B4R 20.00' . 1 TRACT A 9 T.� �J 'S Pusnc GM l5 19766 t - v C1/4 COR. SEC. 28 FND 3-1/4• BRASS CAP LS 24692 IN MON. BOX VALLEY VISTA ZONED R-3 S 8974'43' W 330.11'(C) R=15.00' D-90"34'32' L -2J.71' CB-N4529'54•W C-21.32' •DI 2 D -6977'00' Lsr w SWR 1 � L-23.42' TOTAL AREA 0742 AC. CO -N44 -29'20'E .'C z n LD 17782 S.F. C=21.11' w_x Or Z 1 L2 COT' zD' a 3M 10P•M ^p O D=90'3.7'00' LOT 1 0.56 AC 24433 S F. n ZONED C-1 L4 H 10100 W. Sen+ AYE CB=N45.30'40'W 330 2.29 AC. LS C=21.71' 99725 S.F. O �a a. v C1/4 COR. SEC. 28 FND 3-1/4• BRASS CAP LS 24692 IN MON. BOX VALLEY VISTA ZONED R-3 S 8974'43' W 330.11'(C) R=15.00' D-90"34'32' L -2J.71' CB-N4529'54•W C-21.32' •DI 2 $ L%49 1 � 1 TOTAL AREA 0742 AC. No. PE -I LOT c 17782 S.F. S0090'00'E U .- R Or Z 1 L2 ~O zD' a 3M 10P•M ^p ZONED D=90'3.7'00' S 03'4856' E 0.56 AC 24433 S F. 31H 10040 W. 38TH AVE 23.71' L4 2.47 AC. S 57T16'45' E CB=N45.30'40'W _ �O of LS C=21.71' 27420 SF. O 24.00' S90D0'00'w 305.03' to' SFT NAA./LY9( 6 OFTYi Cal 06. N 3 �Lo S R®AR N U4. W. 37TH R S 89'12'50' W 315.03' To PROP ca. LS T➢766 L7 w PLASM LS 14111 NWALX NSOOYXI'00'W _ f0' D t UT _263.60' E91IT. S LN. NE1 4 NEI/4 NE7 14 SEC. 28 1124'5 W. 37TH PLACE S 8974'43' W 265.10' FM Na 4 R=15.00' BK. 1579 PG 296 N Z D=9033'00' ZONED R -C L23 30' L=23.71' LID 47.64' S 01'46'12" W CB -N 45 30'40' W 4B29' S 8616'22" E C=21.31' 20.00' 5 BWl3'48' E L25 LOT 18 LOT 1 v C1/4 COR. SEC. 28 FND 3-1/4• BRASS CAP LS 24692 IN MON. BOX VALLEY VISTA ZONED R-3 S 8974'43' W 330.11'(C) R=15.00' D-90"34'32' L -2J.71' CB-N4529'54•W C-21.32' •DI J_ $ L%49 1 t N9000'00'E 258.82' �aW/CAP UT& UT LS 22091 a01w A O a2S i TOTAL AREA 0742 AC. No. PE -I LOT c 17782 S.F. S0090'00'E 6.35 AC. Or Z 1 L2 LOT 2 �g a 3M 10P•M N90D0'OOTL3 ZONED ZONED C-1 S 03'4856' E 0.56 AC 24433 S F. 31H 10040 W. 38TH AVE b / L4 2.47 AC. S 57T16'45' E 0.63 AC. _ S90D0'00'W LS NJO'12'38'W 27420 SF. 24.00' S90D0'00'w L6 ST SNI+ ITS I. L20 R=150.00' 2 \ D=9"46'76' L-77.96' CB=S159 C-77 08 ' 6'42'E . 53 '00'00'E 18.95' R=150.00' 0=3090' L=7854' CB-S1590b0'E C- 77.65' f UT CSMT FAD Na 5 REBAR W/ YELLOW PLASTIC CAP LS 14112 1 %n f0' D t UTA ESYT J_ ,H 1- 7.94' t N9000'00'E 258.82' �aW/CAP UT& UT LS 22091 a01w A O a2S i TOTAL AREA 0742 AC. No. PE -I 276762 S.F. 17782 S.F. S0090'00'E 6.35 AC. 1 20.09' L2 I }I,- S909D'Oo'E TRACT A (ROW) ,H 1- _+I II\25.77' SEE NOTE 7 i �l 0742 AC. No. PE -I 11 17782 S.F. S 00:10' E IlU/l ! III L2 z I� a LOT 4 N90D0'OOTL3 ZONED C-1 S 03'4856' E 3725 KPLWG b / L4 2.47 AC. S 57T16'45' E 107421 SF, S90D0'00'W LS NJO'12'38'W S 0059'16" W 24.00' S90D0'00'w L6 92.62' I. L20 45.13' N 57D6'45' W L7 3.47' NSOOYXI'00'W _ f0' D t UT _263.60' E91IT. S LN. NE1 4 NEI/4 NE7 14 SEC. 28 N 03'48'56" W FIND M� S 8974'43' W 265.10' FM Na 4 RE W W WICAP LOT 1-A LS�i2M 0.2ow. ao9N ELLER SUBDIVISION aO5'W' a011 5.00' ZONED R -C L23 O1 S IN NEI/4gL2C S89�2637.25'(R) 2637.22'(M) LOT 1 CIRCLE K SUB. FLG #1 ZONED C1 5'29'54'E 14.07' ,SEE DETAB. 'A jIP.O.C. NE COR. SEC. 28 - FND 3-1/4' ALUM ID CAP LS 113212 IN MON. BOX LOT 2 P.O.B� 38TH&KIPL/NG SET r PARK SUB DISK N A ALT ZONED CI L.S N166 ROM LN. KIPUNG ST C 1178 PAGE .757 EXCEPTED AREA TRACT 145 CDOT -SET 1' BRASS DISK N ASPHALT IS 29766 u' m V1 I I E1/4 COR., SEC. 28 FND 3-1/4' ALUM CAP LS 13212 IN MON. BOX NWQ NLaRXIETPIL E DUS' oDM00H IF�LDIMQ HDo A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 3 TO BE PLATTED S. ROW LN. W 38TH AVE ROW TRIANGLE BK. 2444 PG. 376 4.84 LINE PROJECT No R600-274 BEARING PERMANENT EASEMENT NI/4 11-1 No. PE -I 11 RECP. No S 00:10' E 2005122080 P.O.B. L2 z N909000E a WDISTANCEE N90D0'OOTL3 2 S 03'4856' E ct DETAIL 'A' L4 3 SCALE 1' = 10' BAR SCALE 0 25 50 100 Scale I' = 50' LEGEND (R) INDICATES RECORD INFORMATION (M) INDICATES MEASURED INFORMATION (C) INDICATES CALCULATED INFORMATION ®INDICATES TRACT 'A• RIGHT-OF-WAY (ROW) DEDICATION INDICATES SECTION / QUARTER CORNER MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SECTION LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE NOTES. 1, THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY CS&A, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND TITLE OF RECORD, CS&A, INC. RELIED UPON COMMITMENTNO. ABJ70393418 BY LAND TITLE GUARANTEE COMPANY, EFFECTIVE DATE OCTOBER 1, 2013 A" 5:00 P.M., ABJ70383922 BY LAND TITLE GUARANTEE COMPANY, EFFECTIVE DATE JUNE 24, 2013 AT 5:00 P.M., ABJ70397564 BY LAND TIME GUARANTEE COMPANY, EFFECTIVE DATE NOVEMBER 21, 2013 AT 5:00 P.M. AND NCS -653600 -CO BY FIRST AMERICAN TITLE INSURANCE COMPANY - NCS, EFFECTIVE DATE FEBRUARY 6, 2014 AT 5: 00 PAC 2. NOTICE - ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN TIHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CER77FICATION SHOWN HEREON. J. BASIS C' BEARINGS IS BASED UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM M41CH BEARS SOO'12'38'E BEING MONUMENTED AT THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, T3S., R.69W OF THE 61H P.M., AS SHOWN ON HEREON. 4. PER COLORADO REVISED STATUTES SEC. 38-51-106(L), ALL LINEAL UNITS DCPIC7ED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 6. ALL DISTANCE FOR THE ATTACHED PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, VERTICAL DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM THE BASE POINT PHAC i (PERMANENT HIGH ACCURACY CONTROL POINT /1) HAVING THE FOLLOWING NAD83192 STATE PLANE COORDINATES: PHAC7: NORTHING: 7701258.75, EASTING: 3118217.58, ELEVATION: 5471.62. 7 TRACT 'A' IS HEREBY DEDICATED AS A PUBLIC RIGHT-OF-WAY BY THIS PLAT. B. EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PLAT. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE. DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. SECTION CORNER MONUMENT COORNATES (SPCS) STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ETSZONE: 502 ADSZONE. 3476 UTM ZONES 12 t 13 STATECOLORADO LiNNTY JEFFERSON HOER DATLW: NAD 87/112 - HARN(HKN ACCURACY REFERENCE NETWOIB() BASED ELL/PSOD: WG 84 - (WORLD Grol SYSTEM -1 984) VERTTC L DATUM: NAVD b - (NORM AMERICAN VERICAL DATUM OF 1988) NGS UNPUBLISHED(DIY OF IWEUR AT RIDGE SURVEYED POWT) COMBINED FACIDRS 0 999 74 7807 (OWUND TO GRID) 1.00025118062 (Gi1D TO GROIMD - ON DATUM) STATE CITY SPCS OTY DATUM CORNER NOX Na 0 Na I NORTHING EASTNG NORTHING EASING HEIGHT STORM SEWER LINE TABLE 16309 /702650.5595 3107100.3796 70.7080.1713 1076W4.1787 5461.94 LINE DISTANCE BEARING 16409 1702681.0581 3109736.7826 703110.5775 110521.2468 556296 NI/4 11-1 BEARING 11 2.06' S 00:10' E Nww'00'E L2 270.63' N909000E WDISTANCEE N90D0'OOTL3 139.87' S 03'4856' E N0000'00'E L4 58.48' S 57T16'45' E S90D0'00'W LS 791' S 0059'16" W S90D0'00'w L6 92.62' S 0059'26' W L20 45.13' N 57D6'45' W L7 3.47' NSOOYXI'00'W u, 26.69' N 03'48'56" W L8 1582' S 0013'24" E L22 98.40' N 07.48'36' w L9 5.00' S 86'13'48" E L23 6.18' S 8616'22' E LID 47.64' S 01'46'12" W L24 4B29' S 8616'22" E LII 20.00' 5 BWl3'48' E L25 16.65' N 03'43'38" E LI2 64.24' N 0156'59' E L26 49.37' S 8912'50" w 03 9840' N OIDi'IY E L27 1511' Nww'OO'E 04 6.'A' N 0059'26" E L28 20.00' N9090'00"E L29 25.88' S 0059'26" W BAR SCALE 0 25 50 100 Scale I' = 50' LEGEND (R) INDICATES RECORD INFORMATION (M) INDICATES MEASURED INFORMATION (C) INDICATES CALCULATED INFORMATION ®INDICATES TRACT 'A• RIGHT-OF-WAY (ROW) DEDICATION INDICATES SECTION / QUARTER CORNER MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SECTION LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE NOTES. 1, THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY CS&A, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND TITLE OF RECORD, CS&A, INC. RELIED UPON COMMITMENTNO. ABJ70393418 BY LAND TITLE GUARANTEE COMPANY, EFFECTIVE DATE OCTOBER 1, 2013 A" 5:00 P.M., ABJ70383922 BY LAND TITLE GUARANTEE COMPANY, EFFECTIVE DATE JUNE 24, 2013 AT 5:00 P.M., ABJ70397564 BY LAND TIME GUARANTEE COMPANY, EFFECTIVE DATE NOVEMBER 21, 2013 AT 5:00 P.M. AND NCS -653600 -CO BY FIRST AMERICAN TITLE INSURANCE COMPANY - NCS, EFFECTIVE DATE FEBRUARY 6, 2014 AT 5: 00 PAC 2. NOTICE - ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN TIHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CER77FICATION SHOWN HEREON. J. BASIS C' BEARINGS IS BASED UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM M41CH BEARS SOO'12'38'E BEING MONUMENTED AT THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, T3S., R.69W OF THE 61H P.M., AS SHOWN ON HEREON. 4. PER COLORADO REVISED STATUTES SEC. 38-51-106(L), ALL LINEAL UNITS DCPIC7ED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 6. ALL DISTANCE FOR THE ATTACHED PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, VERTICAL DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM THE BASE POINT PHAC i (PERMANENT HIGH ACCURACY CONTROL POINT /1) HAVING THE FOLLOWING NAD83192 STATE PLANE COORDINATES: PHAC7: NORTHING: 7701258.75, EASTING: 3118217.58, ELEVATION: 5471.62. 7 TRACT 'A' IS HEREBY DEDICATED AS A PUBLIC RIGHT-OF-WAY BY THIS PLAT. B. EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PLAT. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE. DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. SECTION CORNER MONUMENT COORNATES (SPCS) STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ETSZONE: 502 ADSZONE. 3476 UTM ZONES 12 t 13 STATECOLORADO LiNNTY JEFFERSON HOER DATLW: NAD 87/112 - HARN(HKN ACCURACY REFERENCE NETWOIB() BASED ELL/PSOD: WG 84 - (WORLD Grol SYSTEM -1 984) VERTTC L DATUM: NAVD b - (NORM AMERICAN VERICAL DATUM OF 1988) NGS UNPUBLISHED(DIY OF IWEUR AT RIDGE SURVEYED POWT) COMBINED FACIDRS 0 999 74 7807 (OWUND TO GRID) 1.00025118062 (Gi1D TO GROIMD - ON DATUM) STATE CITY SPCS OTY DATUM CORNER NOX Na 0 Na I NORTHING EASTNG NORTHING EASING HEIGHT C1/4 fl -G 16309 /702650.5595 3107100.3796 70.7080.1713 1076W4.1787 5461.94 HE CON 13-1 15409 17053415428 31097170032 7057717338 110511.4649 5396.45 E1/4 13-G 16409 1702681.0581 3109736.7826 703110.5775 110521.2468 556296 NI/4 11-1 13.709 1703.707.2916 30170816313 705737.4666 107869.6467 540ZO8 CASE HISTORY MS -14-07 WSP-14-01 2013-14 City of Jri;O'Wheat")_ ITEM NO: DATE: April 14, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 24-2014 - A RESOLUTION AMENDING THE 2014 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN AN AMOUNT NOT TO EXCEED $1.0 MILLION FOR THE PURPOSES OF FUNDING PUBLIC IMPROVEMENTS IN ASSOCIATION WITH THE REDEVELOPMENT OF THE SOUTHWEST CORNER OF NEST 38T" AVENUE AND KIPLING STREET [ PUBLIC HEARING ORDINANCES FOR IIT READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS UTIONS QUASI-JUDICIAL: YES NO J City Manager ISSUE: The City acid Renewal VAicat Ridge (RWR) have negotiated a Redevelopment Agreement with Millennium Venture Group IVG), Inc. for a project at the southwest earner of West .38'x' Avenue and Kipling Street. The project is expected to include a 27,000 square foot Sprouts Farmers Market grocery store, a drive-through Starbucks, a quick -service restaurant and a 64 - unit MorningStar Senior Living facility. MVG has identified a financial gap in the project budget of approximately $3.0 million. The gap exists due to extraordinary development expenses that would make the project unfeasible from an economic standpoint. These expenses include numerous improvements to the property that would have public: benefit, for example, public right-of-way improvements, such as widening Kipling Street for improved traffic flow, new storm water drainage infrastructure, adding sidewalks and landscape buffers, as well a demolition of blighted buildings, remediation of on-site environmental contamination and greatly improved building standards across the site. 38'�'and Kipling Redevelopment Agreement April 14, 2014 Page 2 To cover the identified financial gap, an economic development incentive pack -age totaling $3.0 irtillion has been negotiated with MVG. RWR will enter into a loan with Colorado State Batik and Trust for a maximum amount of $2.615 million, which will net $2.0 million in available funds for the project. The loan will be payable from 100% of the property tax increment (minus the Wheat Ridge Fire District 7.5 mills) and sales tax increment revenues to be generated from the redevelopment project for a maximum period of 10 years. The City will contribute between $800,000 and $ 1.0 million from the General Fund reserves to the project for public improvements. PRIOR ACTION: Council received a staff memo and a presentation from MVG on this project at their study session on March 3, 2014. Consensus was reached by City Council at that time to move forward with the proposed financing structure including a I0 -year, tax-exempt bond for about $2.4 million and a subordinate note for about $ 1.0 million from the General Fund. City Council approved a resolution on March 24, 2014 authorizing the City Manager to negotiate a Redevelopment Agreement with MVG. FINANCIAL IMPACT: The adoption of this resolution obligates the City to contribute between $800,000 and $ 1.0 million from General Fund reserves for the construction of eligible public improvements, The exact amount will be determined when the interest rate and loan documents are finalized, There are, adequate reserves available to fund this contribution and still maintain the City Council policy of a 170,,1 reserve. RWR will also enter into a loan with Colorado State Bank and Trust for approximately $2.6 million for the construction of eligible public improvements. 100% of the property tax increment (minus the Wheat Ridge Fire, District 7.5 mills) and sales tax increment revenues to be generated from the redevelopment project for a maximum period of 10 years will be payable to the loan. Projections of property and sales tax increment revenues were very conservatively estimated and it is anticipated there will be significant excess revenues on an annual basis which allow for the loan to be paid off in a much shorter time frame than, the 10 - year terns of the loan. The loan terms allow for prepayment without penalty after three years. Once the loan is fully paid, the City will receive 100% of the sales tax generated from the site, estimated at $500,000 per year. RWR will continue to receive the incremental property tax revenue from the site, estimated at $225,000 per year, until the 25 -year Tax Increment Financing agreement expires. BACKGROUND: The subject property, a blighted and under -performing commercial comer, was identified by RWR in the 1-70/Kipling Corridors, Urban Renewal Plan and by the community in the City's Comprehensive Plan, Envision 11,7ieat Ridge as an area in need of a transforrnative redevelopment project. During its 40 years of operation, the entire shopping center has fallen into disrepair. Code enforcement issues are continually addressed by the City, including potholes and weeds in the parking lot, illegal dumping, transient occupancy of the vacant buildings, and general maintenance issues. In addition, the site has poor drainage which leads to occasional flooding of the structures located at the northern portion of the property. There are additional site constraints 38"' and Kipling Redevelopment Agreement April 14, 2014 Page 3 related to circulation, access, site sloping, inadequate parking in proximity to the Starbucks, and no significant landscaping exists anywhere on the (i.3 -acre site. MVG proposes construction of a new 6.3 -acre, mixed-use development including over 33,000 sq. ft. of retail and a 64 -unit senior care facility. The retail components would consist of a Sprouts Farmers Market grocery store; a new drive-thru Starbucks and one additional pad for a food service restaurant. The senior housing component would consist of a 64 -unit assisted living and memory care facility. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: I move to approve Resolution No. 24-2014 — A resolution amending the 2014 fiscal year General Fund budget reflecting the approval of a supplemental budget appropriation in an amount not to exceed $1.0 million for the purposes of funding public improvements in association with the redevelopment of the southwest comer of West 38' Avenue and Kipling Street." Or, I move to postpone indefinitely Resolution No. 24-2014 for the following reason(s) ATTACHMENTS: 1. Resolution No. 24-2014 ��Wh6at_R�i,dge_ City of DATE:ITEM NO: ' QUASI-JUDICIAL: ISSUE: The City and Renewal Wheat Ridge (RWR) have negotiated a Redevelopment Agreement with Millennium Venture Croup (MVC), Inc, for a project at the southwest corner of West 38x' Avenue and Kipling Street. The project is expected to include a 27,000 square foot Sprouts Farriers .Market grocery store, a drive-through Starbucks, a quick -service restaurant and a 64 - unit Mori in Star Senior Living facility. MVC has identified a financial gap in the project budget of approximately $3.0 million. The gap exists due to extraordinary development expenses that would make the project unfeasible from an economic standpoint. These expenses include numerous improvements to the property that would have public benefit, for example, public 38"' and Kipling Redevelopment Agreement April 14, 2014 Page 2 right-of-way improvements., such as widening Kipling Street fear improv ed traffic flow, new stoini water drainage infrastructure, adding sidewalks and landscape buffers, as well as demolition of blighted buildings, remediation of on-site environmental contamination and greatly improved building standards across the site. To cover the identified financial gap, an economic development incentive package totaling $3.0 million has been negotiated with MVG. RWR will enter into a loan with Colorado State Bank and Trust for a maximum amount of $2.615 million, which will net $2.0 million in available funds for the project. The loan will be payable from 100% of the property tax increment (minus the Wheat Ridge Fire District 7.5 mills) and sales tax increment revenues to be generated from the redevelopment project for a maximum period of 10 years. The City will contribute between $800,000 and $ 1.0 million from the General Fund reserves to the project for public improvements. Adoption of this resolution 1) approves the proposed Redevelopment Agreement between the City, RWR and MVG, 2) approves the Cooperation Agreement between the City and RWR and 3) declares the City Council's present intent to replenish the Reserve Fund for the RWR loan if property and sales tax increment revenues are not adequate to cover the loan debt service. PRIOR AC -TION' Council received a staff memo and a presentation from MVG on this project at their Andy session on March 3, 2014. Consensus was reached by City Council at that time to move forward with the proposed financing structure including a 10 -year, tax-exempt bond for about $2.4 million and a subordinate note for about $1.0 million from the General Fund. City Council approved a resolution on March 24, 2014 authorizing the City Manager to negotiate a Redevelopment Agreement with MVG. FINANCIAL IMPACT: igate the The adoption of this resolution and approval of the Redevelopment Agreement will obl City to contribute between $800,000 and $1.0 million from General Fund reserves for the construction of eligible public improvements. The exact amount will be determined when the interest rate and loan documents are finalized. In addition, the approval of the Cooperation Agreement will obligate the City to share with RWR 100% of the property tax increment (minus the Wheat Ridge Fire District 7.5 mills) and sales tax increment revenues to be generated from the redevelopment project for a maximum period of 10 years to pay the debt service on the loan. Projections of property and sales tax increment revenues were very conservatively estimated and it is anticipated there will be significant excess revenues on an annual basis which allow for the loan to be paid off in a much shorter time frame than the 10 -year term of the loan. The loan terms allow for prepayment without penalty after three years. Once the loan is fully paid, the City will receive 100% of the sales tax generated from the site, estimated at $500,000 per year. RWR will continue to receive the incremental property tax revenue from the site, estimated at $225,000 per year, until the 25 -year Tax Increment Financing agreement expires. 38"' and Kipling Redevelopment Agreement April 14, 2014 Page 3 BACKGROUND: The subject property, a blighted and under -performing commercial comer, was identified by RWR in the 1-70/Kipling Corridors Urban Renewal Plan and by the community in the City's Comprehensive Plan, Envision Wicat Ridge as an area in need of a transformative redevelopment project. During its 40 years of operation, the entire shopping center has fallen into disrepair. Code enforcement issues are continually addressed by the City, including potholes and weeds in the parking lot, illegal dumping, transient occupancy of the vacant buildings, and general maintenance issues. In addition, the site has poor drainage which leads to occasional flooding of the structures located at the northern portion of the property. There are additional site constraints related to circulation, access, site sloping, inadequate parking in proximity to the Starbucks, and there is no significant landscaping anywhere on the 6.3 acre site. M proposes construction of a new 6.3 -acre, mixed-use development including over 33,000 sq. ft. of retail and a 64 -unit senior care facility. The retail components would consist of a Sprouts Farmers Market grocery store; a new drive-thru Starbucks and one additional pad for a food service restaurant. The senior housing component would consist of a 64 -unit assisted living and memory care facility. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 23-2014 — A resolution concerning the proposed redevelopment at the southwest comer of West 38"' Avenue and Kipling Street, and the proposed incurrence of a loan by the Wheat Ridge Urban Renewal Authority to be secured by certain tax increment revenues generated by the project; declaring the City Council's present intent to appropriate funds to replenish the reserve fund securing such loan, if necessary; and authorizing a Redevelopment Agreement, a Cooperation Agreement and other related actions in connection with." sm "I move to postpone indefinitely Resolution No. 23-2014 for the following reason(s) 1,42 h► 1 11 11 . Patrick Goff, City Manager ATTACHMENTS: 1. Resolution o.23-201.4 a. Exhibit A — Redevelopment Agreement b. Exhibit B -- Cooperation Agreement City of Wh6atp,j.,(Age t I 'I A -111V LIA.IUMENT City of Wheat Ridge Municipal Building 7500 W� 29'h Ave, Wheat Ridge, CO 80033-8001 P: 303235.2846 F: 303,2352857 H. McNeish MVG Development 1.509 York St., 3d Floor Denver, CO 80206 Dear Mr. McNeish: At its meeting of April 17, 2014 Planning Commission recommended approval of Case No. MS -1 14-01, a retru—estfor vjproval of a minor subdivlj4���, 1 - 8th zoned Commercial One (C-1), located at the southwest comer of 3 Ave. and Kipling St.', including 10100 W. 38t'3ve., 10040 W. 38h Ave., 3795 Kipling St., and 3725 Kipling St., for following reasons* til 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Corrections regarding utility, drainage, and access easements be provided prior to the public hearing at City Council, 1 The typo on sheet 3 be corrected — tract A should refer to note 7. 3. The developer enter into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. Your request for approval of a minor subdivision plat with right-of-way dedication is scheduled for public hearing before City Council at 7:00 pm. on May 12, 2014. Please feel free to contact me ?t 303 Sincerely, I ) * Kim Waggoner Administrative Assistant MS 1401 M V GDev.doc www.dwheatridge.co.us 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) 7. PUBLIC HEARING A. Case No. MS -14-01: An application filed by MVG Development for approval of a minor subdivision plat with right-of-way dedication for property zoned Commercial One (C- 1), located at the southwest comer of 3 8 1h Ave. and Kipling St., including 10100 W. 38 1h Ave,, 10040 W. 38h Ave., 3795 Kipling St,, and 37;� Kipling St. and and creates r 17=11-01,11-S -SAC11 or permitted uses. She said there are separate land are currently being reviewed by City Council a: agreement that In resporiseto Commis dedicated right-of-way detached sidewalk and, the building and site designs. Both quire a public hearing. SII 0 on April 21, 2014. application with conditions. about the right-of-way dedication on Lee Street and feet. Ms. Mikulak stated yes. ist"UNT41ii) Itm = L"VIRMIM91, Commissioner WEAVER asked if the right-of-way on 38'h Ave. traveling east is narrower and then widens to accommodate a turn lane. Ms. Mikulak stated there is a need to accommodate additional width for the left turn lane at the intersection and into the site, Mr. Brink stated that is correct. He stated there may be a need to restripe the streets because the lanes don't currently align across the intersection. Commissioner WEAVER asked if there was room for curb and sidewalk along 38th. Ms. Mikulak stated there will be detached sidewalk and a tree lawn on 38' and the additional dedication will accommodate all the improvements, Planning Commission Minutes -2— April 17, 2014 Commissioner WEAVER asked if 38`b is a bike route. Ms. Mikulak stated it is on the bike/pedestrian route and identified to have detached sidewalks. Commissioner TIMMS asked why the property line is curved between Lots I and 4. M. Mikulak stated the primary interior drive will follow the spine of the curved line. That shared property line will be the center line of the drive and it helps to accommodate the lot sizes for lots I and 4. Commissioner TIMMS asked for an explanation of the site plait review process. Ms. Mikulak stated any site development or building permit applications for penititted uses are reviewed administratively by staff. Applications are reviewed by planning staff and appropriate city departments and utility districts for comments, but they do not go to public hearing. The site plans for Lots I and are currently in process. The plans are in the Community Development Department,and are public record. The documents can be reviewed by the public during business hours. Commissioner POPP asked for a description of the stated there is a blanket cross access easement that Customers and visitors of all Ofthe lots are permitt, for access and parking. There vii)f66,,nia I or interio j total of five curb cuts along the p&'mi`e`ier fthe vr( E access points. Ms. Mikulak ff the entire tironertv. use any portion of the property le that runs north/south and a SMOULT7, ana a 0'4 or the reminin available pad site on 38']'Ave, is eted Commissioner WEAVER asked what businesses will be located on Lot 2. The applicant stated tenants have not been identified. Commissioner DOR EY asked if Lot 2 and 3 will be single -unit or multi -tenant buildings. The applicant stated there will be a building on each lot. it is still to be determined it they will be occupied by single or multiple tenants. Commissioner POPP asked if the existing structures on all of the lots will be razed. The applicant stated the intent is to remove all the existing structures and surface material and completely re -grade and reposition the entire parcel for the development. Planning Conirnission Minutes -3— April 17, 2014 Patricia Oliver 7057 W. 29'h Ave. Ms. Oliver inquired about Clancy's Irish Pub, Ms. Mikulak stated the property owner that signed the lease with Clancy's is not a party to the application. The current property owners have given permission to MVG to submit the subdivision plat. The City's Economic Development Department is working with Clancy's to help relocate them in Wheat Ridge. Chad Martin Clancy's Irish Pub 10117 W. 37"' Pl. Mr. Martin stated Clancy's does not have a new to Wheat Ridge Urban Renewal funds for a buyi Urban Renewal Authority is a separate body fro: encouraged him to keep working with the Econ( ion. He asked if Clancy's is entitled * relocation, Ms. Mikulak stated the the Planning Commission. She is Development Department. Holly Heaton 10240 W. 34th Ave. Ms. Heaton asked if there were any previous public meetings or notice. Ms. Mikulak stated a subdivision plat is not a land use action that requires a neighborhood meeting, and this is the first public meeting for this application. The yellow posting signs are posted two weeks before the meeting. The mailing radius for notification of a public hearing is 300 -feet. Some of the site planning documents were made public at the city- wide Town Hall Meeting in March. Ms. Heaton inquired about the type of senior living facility proposed for the subdivision. Ms. Mikulak stated it will be, operated by MorningStar, and it will have assisted living and memory 'care units, It is a private pay senior care facility. Ms. Heaton stated she uri±ortood that, Clancy's is considered a landmark and asked if it has any protections, Ms. Reckert stated, it has a great reputation throughout the metropolitan area, but a historic designation istypicallyfor a building and the building is not historic. Ms. Heaton asked if copies of the site plans are available online. She stated her hope that 38"' Avenue west of KiIJI " ' is not widened because it would destroy the chanir of the neighborhood. Ms. Mikulak stated the site plans are not online but are available in the Community Development office. There will be a lot of landscaping that will improve the aesthetics and supp6rt,the character of the area. The design of the senior living facility will be residential in, character. There are no plans to widen 3811 Ave. in this area. Ms. Heaton asked how the additional traffic flow will be handled, Mr. Brink stated there will be various traffic improvements. There will be an acceleration/deceleration lane along southbound Kipling. The traffic lanes on 38th Avenue will be reconfigured and realigned to accommodate a left turn lane into the site. The traffic study analyzed Kipling and turning movernents in and out of the site, and the roadway infrastructure can handle the additional traffic. Access into the site will be controlled by new curb cuts, Planning Commission Minutes -4— April 17, 2014 9 Q It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend approval of Case No. MS -14-01, a request for approval of a four -lot minor subdivision plat on groperty zoned Commercial One (C-1) and located at the southwest corner of W. 38 1 Avenue and Kipling Street for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. 1. Corrections regarding utility, drat, # # uncil. tract A should refer note 7. making a recommendation and City Council on Monday, May 12. neeting scheduled for May I has been canceled. There will be for Planning Commission. Planning Commission Minutes April 17, 2014 Kim Waggoner, Recording Secretary -5— MS -14-01 / 38t" and Kiplingr _ Request for approval of a 4 -lot minor subdivision for property zoned Commercial -One (C-1) r ® x I Planning Commission April 17, 2014 Aerial Zoning Map Looking north along Kipling Street s Looking south along Kipling Street Fxe.��111►1i► � - -1' Looking west along W. 3811 Avenue Looking north from W. 3811' Avenue Looking southwest from W. 3711' Place Looking north from W. 381h Avenue Subdivision 101 Reconfiguration of lots, tracts, or parcels for sale or development Does: Does not: Removes, creates, or defines No change to the zoning property lines No change to permitted uses • Allows city to evaluate ROW Does not look at site design Allows city to evaluate civil or building placement docs (traffic, drainage) Sheet One Sheet Two 12/30/2014 Gl M WMA 12/30/2014 Gl 1*�441 CiN of qrwh6a-t idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: April 17, 2014 CASE NO. & NAME: MS -14-01 / 38`h and Kipling ACTION REQUESTED: Request for approval of a four -lot minor subdivision with right-of-way dedication on property zoned Commercial -One (C-1) LOCATION OF REQUEST: Southwest corner of 38"' and Kipling APPLICANT(S): Millennium Venture Group, Inc. (MVG Development) PROPERTY OWNER(S): Multiple: Gendron Properties, LLC; Neil Kimmel; TPR Acquisition Group, LLC; Peter Jacob Investments LLC APPROXIMATE AREA: 276,782 Square Feet (6.35 Acres) PRESENT ZONING: Commercial -One (C-1) PRESENT LAND USE: Retail sales and services, vacant commercial building ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Planning Commission Case No. MS -14-01 / 38`x' and Kipling Sitc All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a four -lot minor subdivision with right-of-way dedication on property zoned Commercial -One (C-1) and located at the southwest corner of Kipling and W. 38th Avenue. The property has never been platted, and the purpose of the request is to prepare four lots for commercial redevelopment. The plat is processed as a minor subdivision. In this case, because the subdivision includes right-of- way dedications, Planning Commission will make a recommendation to City Council which is the final authority for approval. Please note that the property is subject to several related and active applications that are not under consideration by the Planning Commission. These include the following: • A site plan review for development of a Sprouts Farmers Market on Lot 4; this is being reviewed administratively. • A special use permit and site plan review for development of a MorningStar senior care facility on Lot 1; this is currently being reviewed administratively, and a l0 -day public noticing period will determine whether this is approved by staff or by City Council. • Project financing and a redevelopment agreement for all four lots; this will be reviewed by Renewal Wheat Ridge and City Council. While related, these applications should not affect the recommendation of the Planning Commission as related to the subdivision application. The purpose of the subdivision plat is to confirm property boundaries, access, rights-of-way, easements, and utility service to enable future development. II. EXISTING CONDITIONS The property is located at the southwest corner of Kipling and W. 38th Avenue with frontage on five public streets: Kipling Street, W. 38th Avenue, Lee Street, W. 37th Place, and Kline Street (Exhibit 1, Aerial). The property is zoned Commercial -One (C-1), a zone district which provide for a wide range of commercial land uses including office, general business, and retail sales and service establishments. Land uses in the C-1 zone district are often supported by the community and/or entire region. The surrounding properties include a variety of zoning designations and land uses (Exhibit 2, Zoning). Residential uses are located primarily to the west of the property and include single-, two-, and multi- family residences zoned R-2 and R-3. Commercial and public uses are located to the south, west, and east. Immediately to the south is a small office building zoned Restricted Commercial (RC). To the east is a restaurant and the City's Discovery Park, both of which are zoned Planned Commercial Development (PCD). To the north is a dental clinic zoned PCD, vacant land zoned R-1, and a fueling station zoned C-1. The total size of the subject property is 276,782 square feet or 6.35 acres. The site is comprised of four unplatted parcels, each of which is under separate ownership. The table below summarizes the existing uses on each parcel. Planning Commission Case No. MS -14-01 / 38`" and Kipling The majority of the site is paved, and the existing development is nonconforming with respect to landscaping, streetscape, and architectural standards. The site has been subject of several code enforcement cases in recent years and is identified in the City's comprehensive plan, Envision Wheat Ridge, as a high priority redevelopment area. If the subdivision is approved, the applicant intends to scrape and redevelop the site in its entirety. The applicant is serving as the master developer and will be responsible for public improvements; development on each lot will be reviewed separately. Lot Coqfiguration The site is L-shaped and the proposed subdivision plat will result in four development parcels: two smaller lots at the hard comer of 38"' and Kipling, one larger lot along the Kipling Street frontage, and another larger lot on the western part of the 38"' Avenue frontage1. The C-1 zone district does not include minimum lot size and lot width requirements, however the development parcels do appear to be shaped and sized appropriately to accommodate future development. Pubh'c b-nprovements When new properties are created in the City through the subdivision process, staffreviews adjacent street improvements to confirm that they meet current roadway design and that they can accommodate the traffic that will be generated by proposed development. A traffic impact study was provided for the entire site. It projects traffic volumes and turning movements based on the proposed land uses (senior living, grocery, and small retailers). Based on the traffic study, the development is not expected to have an adverse impact on the local street network, but two roadway improvements will be required of the developer on the arterial roadways: construction of an acceleration/deceleration lane on Kipling Street and striping of a westbound left turn lane on W. 38'h Avenue. Right-of-way dedications will be provided along these streets. In addition, where W. 38th Avenue and Lee Street are substandard, a narrow strip of right-of- way will be dedicated. These areas are identified as Tract A and are shaded on the proposed plat. The timing and responsibility of all public improvements, including new lanes and streetscape improvements, will be outlined in an agreement between the City and the developer. The agreenient will be recorded with the final plat. Easenients Standard utility casements are shown along the property lines for all four lots. Staff has recommended that the easements along Lots 2 and 3 be modified so as not to conflict with build -to requirements along W. 38th Avenue when these lots are developed. Any modifications to the graphic portion of the plat or the easements notes on sheets I and 3 will be made prior to the City Council hearing; this is recommended as a condition of approval. Planning commission Case,Nlo JUS -14 -CJI / 38 h and Kipling 3 The subdivision plat includes a blanket cross access easement that will allow shared use of all parking and drive aisles. The new development will need to consolidate the many existing curb cuts to improve safety and strectscape. Because the access easement spans the entire site, access points into the parcels are not show on the plat, these will be shown on the site plan applications in relation to building footprints and parking lots. Primary access points are proposed to include two curb cuts on Kipling and one on W. 38"' Avenue; secondary access will be provided on Lee Street and at tile intersection of W. 37"' Place and Kline Street. Tile blanket cross access easement should not be interpreted to mean that a curb cut can be proposed anywhere along the perimeter of the property. To this end, staff has recommended that a note be added to the plat indicating that access shall be consistent with the approved traffic study any approved site plan. This is recommended as a condition of approval. Drainage A master drainage report was reviewed for the entire site. Water quality features will be provided on- site to treat storrnwater. Because of the proximity to Lena Gulch, runoff will be conveyed to and discharged into the gulch. The drainage report has been approved by the Public Works Department and all required storm sewer and drainage easements are provided on the plat. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on tile subdivision plat regarding the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development, and the applicant is in direct contact with the appropriate utility agencies. Specific referral responses follow. Wheat Ridge Public Works- The plat and supporting technical documents have been reviewed and approved. Renewal Wheat Ridge: No conflict with urban renewal plans. Wheat Ridge Fire District: Can serve. Westridge Sanitation District: Can serve. Consolidated Mutual Water District: Can serve. Xcel Energy: Can serve. Colorado Department of Transportation: No concerns. Comeast Cable: No comment. Century Link: No comment. Planning Commission 4 Case NO, NIS -14-01 / 36"I'and Kipling V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed minor subdivision plat is compliant with the C-1 zone district regulations and results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property with improvements installed at the developer's expense. For these reasons, Staff recommends approval of the plat with the conditions listed below. V. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS -14-01, a request for approval of a four -lot minor subdivision plat on property zoned Commercial -One (C-1) and located at the southwest corner of W. 38`x' Avenue and Kipling Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Corrections regarding utility, drainage, and access easements be provided prior to the public hearing at City Council. 2. The typo on sheet 3 be corrected—tract A should refer to note 7. 3. The developer enter into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. Option B: "I move to recommend DENIAL of Case No. MS -14-01, a request for approval of a four -lot minor subdivision plat on property zoned Commercial -One (C-1) and located at the southwest corner of W. 38`" Avenue and Kipling Street, for the following reasons: Planning Commission Case No. MS -14-01 / 38`" and Kipling EXHIBIT 1: AERIAL The subject property is located at the southwest corner of W. 38°i Avenue and Kipling Street and is highlighted in blue below. N\ Planning Commission Case No. MS -14-01 /38`" and Kipling EXHIBIT 2: ZONING MAP A Planning Commission Case No. MS -14-01 /38" and Kipling OWNER'S CERTIFICATE WE, MILLENNIUM VENTURE GROUP, INC, A DELAWARE CORPORATION BEING THE OWNER OF REAL PROPERTY CONTAINING 6.35 ACRES DESCRIBED AS FOLLOWS. A PARCEL OF LAND BEING THE COMBINED FOUR PARCELS AS DESCRIBED UNDER RECEPTION Na 94147962, F0358898, F2128181 AND F1630843 OF THE RECORDS OF THE COUNTY OF JEFFERSON, SITUATE IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF ,.EFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE SDO72'38'E ALONG THE EAST UNE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.45 FEET THENCE 58972'50'W ALONG A LRE PARALLEL WITH THE NORTH LINE OF SMD NORTHEAST QUARTER, A DISTANCE OF 40.0O TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF NORTH KIPLING STREET AS RECORDED IN BOC( 1444 AT PAGE 376, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF NORTH KIPUNG STREET AS RECORDED IN BOOK 2368 AT PAGE 731, BOOK 2128 AT PAGE 357 AND BOO( 2371 AT PAGE 114 OF THE RECORDS OF SAID COUNTY THE FOLLOWING THREE (3) COURSES 1)SD071'38'E A DISTANCE OF 189.95 FEET,• 1 THENCE 58972'S0'W A DISTANCE OF 500 FEET,, 3 THENCE SOO'12'38 E A DISTANCE OF 435.75 FEET TO A POINT ON THE SOUTH UNE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTICAI 28; THENCE S 8974'43' W ALONG SAID SOUTH UNE, A DISTANCE OF 265.10 FEET TO A POINT ON THE EAST RIGNT-OF-WAY UNE OF NORTH KUNE STREET SAID POINT BEING 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST UNE OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE N007.Y24W ALONG A UNE BEING 20 FEET EAST AND PARALLEL WITH SAID WEST UNE, A DISTANCE OF 310.60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY UNE OF WEST 37TH PLACE AS RECORDED IN BOOK 1579 AT PAGE 296 OF THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH RICHT-OF-WAY LINE OF SAID WEST 37TH PLACE THE FOLLOWING m (2) COURSES 1) 58972'50'W ALONG SAID NORTH RIGHT-OF-WAY UNE, A DISTANCE OF 315.03 FEET TO A POINT OF CURVATURE' THENCE 23.71 FEET ALONG THE ARC OF A CURB TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90'JXOO' AND SUBTENDING A CHORD BEARING OF N45*30'40'W A CHORD DISTANCE OF 21.31 FEET TO A POINT ON THE EAST RIGHT-OF-WAY UNE OF NORTH LEE STREET, BEING 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST LNE OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2A THENCE N0074'10'W ALONG SAID EAST RIGHT-OF-WAY UNE BEING 20.00 FEET EAST AND PARALLEL WITH SAID WEST UNE, A DISTANCE OF 309.87 FEET TO A POINT ON THE SOUTH RIGHT -CF -WAY LINE OF WEST 38TH AVENUE AS RECORDED IN BOOK 844 AT PAGE 378, BOCK 957 AT PAGE 523 AND RECEPTION No. 86096522 OF THE RECORDS OF SAID COUNTY, SAID PONT BEING 30.00 FEET SOUTH AS MEASURED PERPEN&CjLAR TO THE NORTH UNE OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE N8972'S0E ALCNC SAID SOUTH RIGHT-OF-WAY LINE, BEING J0.00 FEET SOUTH AND PARALLEL WITH SAID NORTH UNE A DISTANCE OF 590.50 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID BOOK 2444 AT PAGE 376 OF THE RECORDS OF SAID CONTY,• THENCE S4571'19E ALONG THE SOUTHWESTERLY UNE OF SAID BOO( 2444 AT PAGE 376,A DISTANCE OF 14.11 FEST TO THE POINT OF BEGINNING, CONTAINING 176782 SQUARE FEET OR 6.35 ACRES MORE OR LESS HAVE WD OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND SME OF MVC MARKETPLACE SUBDIVISION FILING NO. 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CIN OF WHEAT RIDGE AND THE PUBIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES THIS INCLUDES BUT IS NOT UMITED TD TELEPHONE AND ELECTRIC ONES, GAS LINES, WATER AND SANITARY SEWER LINES HYDRANTS, STORMY WATER SYSTEMS AND PIPES, DETENTION PONDS STREET LIGHTS AND ALL APPURTENANCES THERETO, BY POWELL VICE MILLENNIUM VENTURE GROUP, INC. STATE OF COLORADO ) SS COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF AD. 2014 BY WIINESS MY HAND AND OFFICIAL SEAL MY COMMISSION E)nRES Rv7xm97QBQL'- OO N&NME7PUCE OOBOWOVO4 FLDOO [�Oo A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 3 VICINITY MAP N. T. S. GENERAL NOTES 1. SHEET 2 OF THIS PUT SPECIFIES THE EXISTING PARCEL BOUNDARY LINES TO BE REMOVED AND EXISTING EASEMENTS TO BE VACATED BY THIS PUT 2 SHEET 3 OF THIS PLAT SPECIFIES THE PROPOSED LOT LINES AND NEW EASEMENTS HEREBY CREATED AND THE PROPOSED RKNT-OF-WAY HEREBY DEDICATED, BY THIS PLAT. 3. ALL EASEMENTS IDENTIFIED ON THIS PUT AS BEING 'HEREBY VACATED' SHALL FOREVER BE VACATED, TERMINATED AND EXTINGUISHED UPON THE RECORDATION OF THIS PUT WITH THE JEFFERSON COUNTY CLERK AND RECCRDER'S OFFICE. CROSS ACCESS EASEMENT THE OWNER OF LOTS 1, 2 J. AND 4 OF MVC MARKETPLACE SUBDIVISION FILING Na 1, HIS SUCCESSORS AND ASSIGNS, GRANTS A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS ACROSS THE PARKING AREAS, AND DRIVE AISLES OF LOTS 1, 2 3, AND 4 OF MVC MARKETPLACE SUBDIVISION FILING NO. 1. EASEMENTS TEN -FOOT (10) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PUTTED AREA. FIVE-FOOT (5) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBOW90N OR PUTTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOLCMUNICA710N5 FACILITIES UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBON90N. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTTUTY EASEMENTS. STORM DRAINAGE EASEMENT THE STORM DRAINAGE FACILITIES WITHIN THE AREA HEREIN SHOWN AS 'STORM SEWER EASEMENT' SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS HEIRS, SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE 15 NOT PERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, ME COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE NU BE CONSTRUCTED IN THE DETENTION AREA AND NO CHANCES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBUC WORKS PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF 2014, BY THE WHEAT RIDGE PLANNING COMM/SS/ON. CITY CERTIFICATION APPROVED THIS _ DAY OF 2014 BY THE WHEAT RIDGE aTY COUNCIL.. ATTEST SURVEYOR'S CERTIFICATE 1. HAROLD J PONSERELLA DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MVC MARKETPLACE SUBDIVISION FILING NO. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF IN ACCORDANCE WIN ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANNNG PLAT ACCURATELY REPRESENTS SAID SURVEY. COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF COLORADO )) COUNTY OF .EFFERSON ) 1 HEREBY CERTIFY THAT THIS PUT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF .EFFERSON COUNTY AT GOLDEN. COLORADO, AT _O'CLOCK _, M. ON THE _ DAY OF 2014 AD., IN BOOK PAGE RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER BY. DEPUTY CASE HISTORY - MS -14-01 NSP -14-01 2013-14 W MTM AVE 4 ffi rT ! !iN ALE W 37TH All VICINITY MAP N. T. S. GENERAL NOTES 1. SHEET 2 OF THIS PUT SPECIFIES THE EXISTING PARCEL BOUNDARY LINES TO BE REMOVED AND EXISTING EASEMENTS TO BE VACATED BY THIS PUT 2 SHEET 3 OF THIS PLAT SPECIFIES THE PROPOSED LOT LINES AND NEW EASEMENTS HEREBY CREATED AND THE PROPOSED RKNT-OF-WAY HEREBY DEDICATED, BY THIS PLAT. 3. ALL EASEMENTS IDENTIFIED ON THIS PUT AS BEING 'HEREBY VACATED' SHALL FOREVER BE VACATED, TERMINATED AND EXTINGUISHED UPON THE RECORDATION OF THIS PUT WITH THE JEFFERSON COUNTY CLERK AND RECCRDER'S OFFICE. CROSS ACCESS EASEMENT THE OWNER OF LOTS 1, 2 J. AND 4 OF MVC MARKETPLACE SUBDIVISION FILING Na 1, HIS SUCCESSORS AND ASSIGNS, GRANTS A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS ACROSS THE PARKING AREAS, AND DRIVE AISLES OF LOTS 1, 2 3, AND 4 OF MVC MARKETPLACE SUBDIVISION FILING NO. 1. EASEMENTS TEN -FOOT (10) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PUTTED AREA. FIVE-FOOT (5) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBOW90N OR PUTTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOLCMUNICA710N5 FACILITIES UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBON90N. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTTUTY EASEMENTS. STORM DRAINAGE EASEMENT THE STORM DRAINAGE FACILITIES WITHIN THE AREA HEREIN SHOWN AS 'STORM SEWER EASEMENT' SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS HEIRS, SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE 15 NOT PERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, ME COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE NU BE CONSTRUCTED IN THE DETENTION AREA AND NO CHANCES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBUC WORKS PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF 2014, BY THE WHEAT RIDGE PLANNING COMM/SS/ON. CITY CERTIFICATION APPROVED THIS _ DAY OF 2014 BY THE WHEAT RIDGE aTY COUNCIL.. ATTEST SURVEYOR'S CERTIFICATE 1. HAROLD J PONSERELLA DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MVC MARKETPLACE SUBDIVISION FILING NO. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF IN ACCORDANCE WIN ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANNNG PLAT ACCURATELY REPRESENTS SAID SURVEY. COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF COLORADO )) COUNTY OF .EFFERSON ) 1 HEREBY CERTIFY THAT THIS PUT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF .EFFERSON COUNTY AT GOLDEN. COLORADO, AT _O'CLOCK _, M. ON THE _ DAY OF 2014 AD., IN BOOK PAGE RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER BY. DEPUTY CASE HISTORY - MS -14-01 NSP -14-01 2013-14 UNPLATTED Zak" on N1/4 COR. SEC. 28 FND 3-1/4' ALUM CAP LS 13212 IN MON. BOX QUI I L yyH .7 3 0 T I I N L7 � O FZ-0 J O K I STT NAA,/U9( N hcowwnff R TOPROP oaP LS 29188 0 � N n 3 ~O 30' m3t J 8 I I I I I LOT 1 �W WHEAT RIDGE UNPLATTED C3° ZONED R, I'W DENTAL GROUP U ZONED PCD R aN IB2 — — _- (ROW RECP. No. ��mll PARCEL 2 ids` — J I J UNPLATTED ZONED R1 38TH AVENUE C. 957 PG. 523, BK. 844 PG. 378) 2642. (IIR) 2642.11' M 1 14-42 IA— I !L LN. W 37TH PL uOW PPLiAs S 89'12'50' W 315.03' `W"/°,N. 5MEW pfSlc IS 14112 N CAP LS 14112 ,BALK OL24S W. 37TH PLACE — —1 BK. 1579 PG 296 L-23.71' CB=N 45130'40' W C=21.31' LOT 18 LOT i VALLEY VISTA ZONED R-3 G 3 s i I I I S 8974'43' W 330.11'(C) ET1A LOT 1 CONSOLIDATION PLAT AMOCO STATION No. 5215 ZONED c1 ROW 1R6WIOlE\ 8K 24" PG 378 527 Ns 4 REBAR W/ APED+ PLASTIC CAP LS 19780 104.96' PARCEL 4 MEED IRE NDPEBY 11111010ED BY THIS PLAT) a rsc r91r. AED'. Mn S 8972.50' W 115.01' Aatsa r91r. — — 3— I PARCEL 3 F (DEED LINE HEREBY REMOVED BY THIS PLAT) PARCEL 1 ESD NON 4 4m" W/CAP Is m: ao/w x noes ROW TRIANGLE BK. 2444 PC. 376 Yxi HE COR. NEI/4 SEC 28 r NI/4 CCR STC 28 PERMANENT EASEMENT 8> r7+D Ha 4 (DEED LME HEREBY Is nO. `EAP 4W/CAP LOT 1-A LS 0 REMOVED BY THIS PLAT) ELLER SUBDIVISION B05*W. Baw i ET1A LOT 1 CONSOLIDATION PLAT AMOCO STATION No. 5215 ZONED c1 ROW 1R6WIOlE\ 8K 24" PG 378 527 Ns 4 REBAR W/ APED+ PLASTIC CAP LS 19780 104.96' PARCEL 4 MEED IRE NDPEBY 11111010ED BY THIS PLAT) a rsc r91r. AED'. Mn S 8972.50' W 115.01' Aatsa r91r. — — 3— I PARCEL 3 F (DEED LINE HEREBY REMOVED BY THIS PLAT) PARCEL 1 ESD NON 4 4m" W/CAP Is m: ao/w x noes LOT 1 CIRCLE K SUB. FLG #1 ZONED Cl 571'19 E 14.11' ,SEE DETAL 'A' $ ' N£ CDR. SEG 28 FND J-1/4' ALUM = CAP LS 13212 IN MON. BOX LOT 2 PA B.138TH&KIPLIN G PAS CUBmNT ROAN SET 1' BRASS DW N ASPHALT LS 2WBB ZONED R -C I I C1/4 COR. SEC. 28 FND 3-1/4' BRASS CAP LS 24692 IN -, _ 058970 22'W 263725'(R) 2637.22'(M) E1/4 COR., SEC. 28 FIND 3-1/4' ALUM CAP LS 13212 IN MON. BOX I I COTTONWOOD SURMS Y NG AND ASSOCIATES, INC. P.O. BOX 694, STRASBURG, CO 80136 (303) 549-7992 NWQ HARKE7PLACC SU DOW9300UH CFOLOM 1 (D. 1 A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS S. ROW W. W. 38TH AVE ROW TRIANGLE BK. 2444 PC. 376 4e. HE COR. NEI/4 SEC 28 PROSECT No R600-274 NI/4 CCR STC 28 PERMANENT EASEMENT S LN MEI/1 I!1/1 /El/4 r7+D Ha 4 _ 0'74-4F S 89'14T4F; A 10 EON N> 4 Is nO. `EAP 4W/CAP LOT 1-A LS 0 a.". o.O9w ELLER SUBDIVISION B05*W. Baw LOT 1 CIRCLE K SUB. FLG #1 ZONED Cl 571'19 E 14.11' ,SEE DETAL 'A' $ ' N£ CDR. SEG 28 FND J-1/4' ALUM = CAP LS 13212 IN MON. BOX LOT 2 PA B.138TH&KIPLIN G PAS CUBmNT ROAN SET 1' BRASS DW N ASPHALT LS 2WBB ZONED R -C I I C1/4 COR. SEC. 28 FND 3-1/4' BRASS CAP LS 24692 IN -, _ 058970 22'W 263725'(R) 2637.22'(M) E1/4 COR., SEC. 28 FIND 3-1/4' ALUM CAP LS 13212 IN MON. BOX I I COTTONWOOD SURMS Y NG AND ASSOCIATES, INC. P.O. BOX 694, STRASBURG, CO 80136 (303) 549-7992 NWQ HARKE7PLACC SU DOW9300UH CFOLOM 1 (D. 1 A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS S. ROW W. W. 38TH AVE ROW TRIANGLE BK. 2444 PC. 376 4e. HE COR. NEI/4 SEC 28 PROSECT No R600-274 NI/4 CCR STC 28 PERMANENT EASEMENT N.D .1-1/4" ALLW CAP No. PE -1 END 3-1/4- ALLm RECD. No LS 13212 N 2005122080 CAP LS 13212 wN ^ P.O. 8L 2612.06' Mao. Box WON. BOX 1321.03' [329.9 1321.03' Y 3 DETAIL 'A' SCALE 1" = 10' LEGEND fN (R) INDICATES RECORD INFORMATION (M INDICATES MEASURED INFORMATION (C INDICATES CALCULATED INFORMATION BAR SCALE 0 INDICATES TRACT -A- RIGHT-OF-WAY (ROW) DEDICATION 0 25 50 100 INDICATES SECTION / OUARTER CORNER Scale 1- _ 50• MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND WARIER SECTION LINES INDICATES PROPERTY / LOT ONES INDICATES EASEMENT LINE CASE HISTORY MS -14-01 WSP-14-01 2013-14 REVISIONS N0, DESCRIPTION DES. BY DRN. BY ATE 1. RENSED PER CITY COMMENTS PONS 3-15-14 2 REVISED PER CITY COMMENTS PONS 4- 660.51' HE COR. NEI/4 SEC 28 NI/4 CCR STC 28 N.D .1-1/4" ALLW CAP END 3-1/4- ALLm � LS 13212 N CAP LS 13212 wN 8972'50" E 2612.06' Mao. Box WON. BOX 1321.03' [329.9 1321.03' 1329.96' 659.91' 1319.83' 3 1319.83' N 8976'35" E',., 2639.65' g n ^moi 1318.62' 1318.62' n ri b T� H b 3 N 0 W O r g ry 2 r g m Cl/4 CDR gG 18 S 8970'22" W 2637.25' E1/4 Car STC 2B FND 3-1/4' 4 1110 3-1/4' ALLY CAP LS 24962 w MON. Box CAP LS 132,2 N WON, Box CASE HISTORY MS -14-01 WSP-14-01 2013-14 REVISIONS N0, DESCRIPTION DES. BY DRN. BY ATE 1. RENSED PER CITY COMMENTS PONS 3-15-14 2 REVISED PER CITY COMMENTS PONS 4- 660.51' .26 7-14 � [329.9 1329.96' 659.91' 1319.83' 3 1319.83' N 8976'35" E',., 2639.65' g n ^moi 1318.62' 1318.62' NE1/4 SECTION 28 DETAIL SCALE 1'= 500' 7-14 UNPLATTED I UNPLATTED ZONED RI ZONED R1 N1/4 COR. SET N CN SEC. 28 GUTTER FND 3-1/4" ALUM • 19FTY7 TO CAP LS 13212 IN PROP. OAR ON LINE MON. BOX LS 29754 Al R R( R-15.00' - 0-8927'00" L-23.42' CBZN4429'20"E U I �O W ON DI of WEST 38TH AVENUE (ROW RECD. No. 86096522 BK. 957 PG. 523, BK. 844 PG. 378) S89'12'50"W 2642.06'(R) 2642.11'(M) 1 9a - I -�R _L NZ+/4 $E. Zr LOT 1 ZONED C-1 10700 W. 38TH AYE. 2.29 AC. 99725 S.F. LSTOYtN SNR ESYi� O R=150.00' D-29'46'36" L-77.96' LOT 1 LOT 1 CB-S15D6'42'E N CONSOLIDATION PLAT WHEAT RIDGE L+ W 3c DENTAL GROUP 1 J a ZONE° PCD R-150. DO' UNPLATTED ZONED RI ZONED CI D-30100'00' L-23.71' 139.87' L-71154' -14530'40-W 2 CB-S15DOIDO, 21.31- C ESOT. S LN. NEI 4 NF 4 MEIN. EL 18_ C-77.65' - - - _ - _ _ _ 305.03 IO' D t UT EENT. T FM Na. 5 REBAR w/ TELL PLASTIC W. J7A1 PL S 8912'50" W 315.03' y� 2 LOT 1-A YELLOW CAP 141+2 0.2/'S 37TH PLACE LS R ,� ....P BK. 1579 PC 296 B 45.17' N 5795'45' W CD S17' NSOODWO0'W L21 26.69' N °]'48'56' W L8 Skt ~ S 0013'24' E L22 98.40' 0 Z-1 L9 5.00' 5 881X46' E Omti 6.18' S 8616'22' E LA0 47.64' S 01'402' W L24 n Id nI O Mo SET NAL/DNS( N CMC O 6' OFFSET 111 ry �° TWO PROP COR. L25 16.65' N a3Y3'38' E LS 29766 O N 0/56'59' E L26 49.33' S 8912'50' If LIJ 9810" N L27 ISI" N9O9090'E LII 1 6.50' N 005976' E L28 20 DO' N90woo E J 119 IS88' S 0059'26' W g I I I I � WEST 38TH AVENUE (ROW RECD. No. 86096522 BK. 957 PG. 523, BK. 844 PG. 378) S89'12'50"W 2642.06'(R) 2642.11'(M) 1 9a - I -�R _L NZ+/4 $E. Zr LOT 1 ZONED C-1 10700 W. 38TH AYE. 2.29 AC. 99725 S.F. LSTOYtN SNR ESYi� 107421 SF, I R=150.00' D-29'46'36" L-77.96' LOT 1 LOT 1 CB-S15D6'42'E 2 CONSOLIDATION PLAT WHEAT RIDGE L+ 10010 W. JCTH AVE AMOCO STATION DENTAL GROUP 1 18.95' No. 5215 ZONE° PCD R-150. DO' UNPLATTED ZONED RI ZONED CI WEST 38TH AVENUE (ROW RECD. No. 86096522 BK. 957 PG. 523, BK. 844 PG. 378) S89'12'50"W 2642.06'(R) 2642.11'(M) 1 9a - I -�R _L NZ+/4 $E. Zr LOT 1 ZONED C-1 10700 W. 38TH AYE. 2.29 AC. 99725 S.F. LSTOYtN SNR ESYi� L-23.71' CB=N 45'30'40 W C-21.31' LOT 18 LOT 1 VALLEY VISTA ZONED R-3 � I I I I S 89'1443' W 330.11'(C) I C114 COR. SEC. 28 FNO 3-1/4" BRASS CAP LS 24692 IN MON. BOX_ I I r � 107421 SF, I R=150.00' D-29'46'36" L-77.96' 9 DISTANCE CB-S15D6'42'E 2 0 C- 77.08' L+ 10010 W. JCTH AVE 530170'00"E� 0.63 AC. 1 18.95' R-15.00' 2005122080 R-150. DO' D-90:73'00' I D-30100'00' L-23.71' 139.87' L-71154' -14530'40-W 2 CB-S15DOIDO, 21.31- C ESOT. S LN. NEI 4 NF 4 MEIN. EL 18_ C-77.65' - - - _ - _ _ _ 305.03 IO' D t UT EENT. T FM Na. 5 REBAR w/ TELL PLASTIC W. J7A1 PL S 8912'50" W 315.03' REBAR � LS 14112 IN \SOEWALLK LOT 1-A YELLOW CAP 141+2 0.2/'S 37TH PLACE LS R ,� ....P BK. 1579 PC 296 B 45.17' L-23.71' CB=N 45'30'40 W C-21.31' LOT 18 LOT 1 VALLEY VISTA ZONED R-3 � I I I I S 89'1443' W 330.11'(C) I C114 COR. SEC. 28 FNO 3-1/4" BRASS CAP LS 24692 IN MON. BOX_ I I r � 107421 SF, I 2444 PG. 376 9 DISTANCE l\ 2 0 zpLOOT L+ 10010 W. JCTH AVE I 0.63 AC. 1 27420 S.F. L2 2005122080 N9090'007 STSTUFF MT E9lIOD BUT LIP T 9C 2441 \ PG. 276 SET Na 4 REBAR W/ PLASM CAP Ls zeme E - R=15.00' D-90'34'32' L-23.71' CB-N4529'54'w C-21.32' LOT Ib 0.56 AC. 1- 24433 S.F. I 1 AS 1 N90D0'00"E 258.82' Flo Na 4 794' 'D t UT IEBAR W/CM \ FL MT LS aOI14 7' .aa1S 1 U- TOTAL AREA 276782 S.F. SOOD0'00'E 6.35 AC. 120.09' 'S9O1DO'O0"E TRACT Ah(ROW) 25.77 SEE B 0.411 AC. 17782 S.F. LOT 4 ZONED C-1 JIM xrLm 2.47 AC. \�5 I 107421 SF, I 2444 PG. 376 W. 38TH AVE DISTANCE l\ i Y DISTANCE PROJECT No R600-274 L+ PERMANENT EASEMENT I N30*121 24.00' JB'W 24,00' 1 RECP. No L2 2005122080 N9090'007 P.O.B. I N909000Y I 139.87' LfOF L17 2 NOOW'007E UT ESOT. S LN. NEI 4 NF 4 MEIN. EL 18_ _ DETAIL A. MD Na 4 S 59'14'4_3'7. 10' FIND Nu 4 7.91' 22 LS 22094 LOT 1-A LS�y4"�"P S9O90'00'W 010'w. O.OPN ELLER SUBDIVISION ao5w. amt LOT 1 CIRCLE K SUB. FLG #1 ZONED CI 5-21'19'E 14.11' SEE DETAIL 'A' P.O.C. NE COR. SEC. 28 FND 3-1/4" ALUM CAP LS113212 IN MON. BOX LOT 2 P.O.B. 38TH&KIPLING seT +9' PARK SUB 051 N766 ALT ZONED Cl LS 1 ROW LN. KFILIHG ST. K 2128 PAGE 257 EXCEPTED AREA TRACT 145 CWT -SET 1' BRASS DISK N ASPNALT LS 29768 ZONED R -C I /1 SIN. OY1(4 - - S89-20 22-W 2637.25(R) 2637.22'(M) E+/4 COR., SEC. 28 FND J-1/4" ALUM CAPLS 13212 IN MON. BOX I NW8 HQHKIFTIPUCE 3MoDdWO8d0M IF0LDH(3 NO. � A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ROW TRIANGLE S. ROW LN. BK. 2444 PG. 376 W. 38TH AVE DISTANCE BEARING LINE DISTANCE PROJECT No R600-274 L+ PERMANENT EASEMENT S 8014'10' E No. PE -1 95.13' RECP. No L2 2005122080 N9090'007 P.O.B. p-4.81 d N909000Y LJ 139.87' Y L17 2 NOOW'007E 3 5848' a: DETAIL A. 3E SCALE 1" LEGEND I`ll (R) INDICATES RECORD INFORMATION 1� (M) INDICATES MEASURED INFORMATION (C ;N ;C CALCULATED INFORMATION BAR SCALE ® INDICATES TRACT -A" RIGHT-OF-WAY (ROW) DEDICA DON 0 25 50 100 & INDICATES SEC77ON / QUARTER CORNER Scale 1' = 50' MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SEC17ON LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE SHEET 3 OF 3 TO BE PLATTED NOTES I. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY CS&A, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORAOA77ON REGARDING EASEMENTS, RIGHTS-OF-WAY, AND 77TLE OF RECORD, CS&A, INC. RELIED UPON COMMITMENT NO. ABJ70393418 BY LAND TITLE GUARANTEE COMPANY, EFFECTIVE DATE OCTOBER 1, 2013 AT 5:00 P.M., ABJ703W922 BY LAND 7171E GUARANTEE COMPANY, EFFECTIVE DATE ,ANNE 24, 2013 AT 5:00 P.M., ABJ70397564 BY LAND TITLE GUARANTEE COMPANY, EFFEC77W DATE NOVEMBER 21, 2013 AT 5:00 P.M. AND NCS -653600 -CO BY FIRST AMERICAN 77TLE INSURANCE COMPANY - NCS, EFFECTIVE DATE FEBRUARY 6, 2014 AT 5:00 P.M. 2. N077CE - ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC77ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. J. BASIS OF BEARINGS IS BASED UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM WHICH BEARS 500'12'38"E BEING MONUMENTED AT THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, T.JS., R.69W. OF THE STH P.M., AS SHOWN ON HEREON, 4. PER COLORADO REVISED STATUTES SEC. 38-51-706(L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL F1PS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPA77AL P09770NING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 6. ALL DISTANCE FOR THE ATTACHED PUT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83192 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. VERTICAL DATUM: NORTH AMERICAN VER77CAL DATUM OF 1988 (NAVD88). GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM THE BASE PONT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT p) HAVING THE FOLLOWING NAD83192 STATE PLANE COORDINATES: PHACI: NORTHING: 1701258.75, EASTING: J118217.58, ELEVA77ON: 5471.62. 7. TRACT 'A' IS HEREBY DEDICATED AS A PUBLIC RIGHT-OF-WAY BY THIS PLAT. 8. EASEMENTS. TEN -FOOT (10) NIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. FIVE-FOOT (5') NIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WTHIN SAID U77LITY EASEMENTS. SECTION CORNEA MONLAENT COORDINATES(SPCS) STATE PLAIT COORDINATE STSTEM. COLORADO CENTRAL FWSZONE 502 AD4LRL 3476 UTAI ZONES +2 f 13 STATE: COLORADO Cawtr. A6i£RSON HOW DATLM: NAD 83/92 - NARN(HIOI ACCURACY REFERENCE NETWORK) BASED ELLIPSOID: IGS 84 - (WOBD CODGERC SYSTEM OF 1954) WRACAL DATUM: NAW N - (NORTH AMERICAN VMMAL DATUM OF 1988) NGS UNPUBLISHED (CITY OF WILT RIDGE SURAEIED PONT) COINBe m FACTORS a999wsw (amw TD CRR) 1.00025218082 (GRID TD ORDIND - CITY DATUM) STATE an SPCS CITY DATUI CORNIER INDX Nn D Ma NORTIING EASING NORTHING I EASING I NEG HT STORM SEWER LINE TABLE 16" 1702630.6595 3107107.J796 703 M ..1713 107861.1787 5161.94 LINE DISTANCE BEARING LINE DISTANCE BEARING L+ 1.06' S 8014'10' E L15 95.13' N9090'007 L2 270.63' N9090'007 L16 67.00' N909000Y LJ 139.87' S 0348'56' E L17 10.00' NOOW'007E L4 5848' s 5771645' E LIB 67.00' 5909090'1' L5 7.91' S 007926' w LIP 107,03' S9O90'00'W L69162' S 0039'26' w L20 45.17' N 5795'45' W L7 S17' NSOODWO0'W L21 26.69' N °]'48'56' W L8 IS82' S 0013'24' E L22 98.40' N 0148'56' w L9 5.00' 5 881X46' E L2J 6.18' S 8616'22' E LA0 47.64' S 01'402' W L24 48.29' 1 S 861622' E 111 X1.00' S 8813'48' E L25 16.65' N a3Y3'38' E L12 64.24' N 0/56'59' E L26 49.33' S 8912'50' If LIJ 9810" N 0191'17' E L27 ISI" N9O9090'E LII 1 6.50' N 005976' E L28 20 DO' N90woo E 119 IS88' S 0059'26' W LEGEND I`ll (R) INDICATES RECORD INFORMATION 1� (M) INDICATES MEASURED INFORMATION (C ;N ;C CALCULATED INFORMATION BAR SCALE ® INDICATES TRACT -A" RIGHT-OF-WAY (ROW) DEDICA DON 0 25 50 100 & INDICATES SEC77ON / QUARTER CORNER Scale 1' = 50' MONUMENT AS DESCRIBED • INDICATES FOUND MONUMENT AS DESCRIBED INDICATES SECTION AND QUARTER SEC17ON LINES INDICATES PROPERTY / LOT LINES INDICATES EASEMENT LINE SHEET 3 OF 3 TO BE PLATTED NOTES I. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY CS&A, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORAOA77ON REGARDING EASEMENTS, RIGHTS-OF-WAY, AND 77TLE OF RECORD, CS&A, INC. RELIED UPON COMMITMENT NO. ABJ70393418 BY LAND TITLE GUARANTEE COMPANY, EFFECTIVE DATE OCTOBER 1, 2013 AT 5:00 P.M., ABJ703W922 BY LAND 7171E GUARANTEE COMPANY, EFFECTIVE DATE ,ANNE 24, 2013 AT 5:00 P.M., ABJ70397564 BY LAND TITLE GUARANTEE COMPANY, EFFEC77W DATE NOVEMBER 21, 2013 AT 5:00 P.M. AND NCS -653600 -CO BY FIRST AMERICAN 77TLE INSURANCE COMPANY - NCS, EFFECTIVE DATE FEBRUARY 6, 2014 AT 5:00 P.M. 2. N077CE - ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC77ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. J. BASIS OF BEARINGS IS BASED UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM WHICH BEARS 500'12'38"E BEING MONUMENTED AT THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, T.JS., R.69W. OF THE STH P.M., AS SHOWN ON HEREON, 4. PER COLORADO REVISED STATUTES SEC. 38-51-706(L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL F1PS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPA77AL P09770NING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 6. ALL DISTANCE FOR THE ATTACHED PUT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83192 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. VERTICAL DATUM: NORTH AMERICAN VER77CAL DATUM OF 1988 (NAVD88). GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM THE BASE PONT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT p) HAVING THE FOLLOWING NAD83192 STATE PLANE COORDINATES: PHACI: NORTHING: 1701258.75, EASTING: J118217.58, ELEVA77ON: 5471.62. 7. TRACT 'A' IS HEREBY DEDICATED AS A PUBLIC RIGHT-OF-WAY BY THIS PLAT. 8. EASEMENTS. TEN -FOOT (10) NIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. FIVE-FOOT (5') NIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WTHIN SAID U77LITY EASEMENTS. SECTION CORNEA MONLAENT COORDINATES(SPCS) STATE PLAIT COORDINATE STSTEM. COLORADO CENTRAL FWSZONE 502 AD4LRL 3476 UTAI ZONES +2 f 13 STATE: COLORADO Cawtr. A6i£RSON HOW DATLM: NAD 83/92 - NARN(HIOI ACCURACY REFERENCE NETWORK) BASED ELLIPSOID: IGS 84 - (WOBD CODGERC SYSTEM OF 1954) WRACAL DATUM: NAW N - (NORTH AMERICAN VMMAL DATUM OF 1988) NGS UNPUBLISHED (CITY OF WILT RIDGE SURAEIED PONT) COINBe m FACTORS a999wsw (amw TD CRR) 1.00025218082 (GRID TD ORDIND - CITY DATUM) STATE an SPCS CITY DATUI CORNIER INDX Nn D Ma NORTIING EASING NORTHING I EASING I NEG HT C1/4 11-C 16" 1702630.6595 3107107.J796 703 M ..1713 107861.1787 5161.94 NE COR 13-J 13409 1706.34.15428 3109727.0032 705na73M +105mT p 539645 £1/4 12-G 16109 1701661.0581 3109736.7826 703110.5775 1+0521.2468 SM296 NI/4 11-J 15109 1705]07.29/8 JOIlOD5.B513 705737.4666 IOM9.W71 3402.08 CASE HISTORY MS -11-01 116P-14-01 2013-14 Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on May 12, 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 291' Avenue, Wheat Ridge, Colorado, All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of neat Ridge. Call Heather Meyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. mmms Case No. MS -14-01: An application filed by MVC Development for approval of a minor subdivision plat with right-of-way dedication for property zoned Commercial -One (C-1), located at the southwest comer of 38'h Ave. and Kipling St., including 10100 W. 38`" Ave., 10040 W. 381h Ave., 3795 Kipling St., and 3725 Kipling St. and legally described as follows: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE SOO'12'38"E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.45 FEET; THENCE S89'I 2'50"W ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40-00 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2444 AT PAGE 376, SAID POINT BEING THE POINTOF BEG1NNlNQ THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2368 AT PAGE 73 1, BOOK 2128 AT PAGE 357 AND BOOK 23 71 AT PAGE 114 OF THE RECORDS OF SAID COUNTY THE FOLLOWING THREE (3) COURSES 1) S00'I 2'3 8"E A DISTANCE OF 189.95 FEET; 2) THENCE S89'12'50"W A DISTANCE OF 5.00 FEET; 3) THENCE SOO'12'38"E A DISTANCE OF 435. 76 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE S89'1 4'43 " W ALONG SAID SOUTH LINE, A, DISTANCE OF 265.10 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH KLINE STREET. SAID POINT BEING 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE N00'I 3'24"W ALONG A LINE BEING 20 FEET EAST AND PARALLEL WITH SAID WEST LINE. A DISTANCE OF 310.60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST 37TH PLACE AS RECORDS IN BOOK 1579 AT PAGE 296 OF THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WEST 37TH PLACE THE FOLLOWING TWO (2) COURSES 1) S89'I 2'50"W ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 315.03 FEET TO A POINT OF CURVATURE. Kim Wagg ancr. Adrraanvilritiv c Assistant CITY OF WHEAT RIDGE CITY COUNCIL NOTICE IS HEREBY GIVEN that a public hearing to consider Case No. MS -14-0 I, An x*#�lication filed by MVG Devel,,quawn right-of-way dedication for property zoned Commercial -One (C- 1), located at the southwest comer of 381h Ave. and Kipling St., including 10100 W. 381h, 10040 W. 38" Ave, 3795 Kipling St. and 3725 Kipling St. will be held in the City Council Chambers, Municipal Building at 7500 West 29h Avenue, Wheat Ridge, Colorado, on May 12, 2014 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice including a map is available in electronic form on the City's official website, www.ci.,,vh94!dd9gs2,,s, Legal Notices. Copies are also available in printed form in the Community Development Department, Published: Wheat Ridge Transcript, April 24, 2014 City of Wheat idge POSTING CERTIFICATION CASE NO. MS -14-01 (� T' C-0 a d1-4 L HEARIlNG DATE: May 12, 2014 residing at (name) (address) as the applicant for Case No. MS -14-01 hereby certify that I have posted the Notice of Public Hearing at the southwest corner of 381x' and Kipling (loca(ion) on this 2811' day of April and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. ' Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP City of Wh6atRidd �g e POSTING CERTIFICATION CASE NO. MS -14-01 PLANNING COMMISSION HEARING DATE: April 17, 2014 G/�/Fis* (name) residing at 1-5�14 0,P� -5�050r (address) as the applicant for Case No. MS -14-01 hereby certify that I have posted the Notice of Public Hearing at the southwest corner of 381h and Ki (location) on this 3"' day of April and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position sho n on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP CITY OF WHEAT RIDGE NOTICE IS HEREBY GIVEN that a public hearing to consider Case No. MS -14-01, An • filed by MVG Development for approval of a minor subdivision plat with right-of-way dedication for • zoned Commercial -One (C-1), located at the southwest comer of 3 81h Ave. and Kipling St., including 10100 W. 38 1h , 1 0040 W . 3 81h Ave, 3795 Kipling St. and 3725 K.ipling St. will be held in the City Council Chambers, Municipal Building at 7500 West 29h Avenue, Wheat Ridge, Colorado, on April 17, 2014 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments, The full text of this notice including a map is available in electronic forrn on the City's official website, www.ci.wheatrid ge,gq.g§, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, April 3, 2014 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on A Dril 17 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29 Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of neat Ridge. Call Ileather Geyer, Public Ii1formation Officer at 303-235-2826 at least cine ',Aleek in advance cif a meeting if you are interested in participating and need inclusion assistance, Case No. MS -14-01: An application filed by MVG Development for approval of a minor subdivision plat with right-of-way dedication for property zoned Commercial -One located at the southwest comer of 38th Ave. and Kipling St., including 10 100 W, 38'h Ave., 10040 W. 38th Ave., 3795 Kipling St., and 3725 Kipling St, and legally described as follows: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCI SOO'12'38"E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.45 FEET; THENCE S89'12'50"W ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.00 TO A POINT ON THE WEST RIGHT-O&WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2444 AT PAGE 376, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2368 AT PAGE 73 1, BOOK 2128 AT PAGE 357 AND BOOK 23 71 AT PAGE 114 OF THE RECORDS OF SAID COUNTY THE FOLLOWING THREE (3) COURSES 1) SOO'12'38"E A DISTANCE OF 189.95 FEET; 2) THENCE S89'12'50"W A DISTANCE OF 5.00 FEET; 3) THENCE S00'I 2'38"E A DISTANCE OF 435. 76 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE S89'14'43" W ALONG SAID SOUTH LINE, A DISTANCE OF 265. 10 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH KLINE STREET. SAID POINT BEING 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST LINE OF THE EAST HALF OF SAIDNORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE N00'I 3'24"W ALONG A LINE BEING 20 FEET EAST AND PARALLEL WITH SAID WEST LINE. A DISTANCE OF 310.60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST 37TH PLACE AS RECORDED IN BOOK 1579 AT PAGE 296 OF THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WEST 37TH PLACE THE FOLLOWING TWO (2) COURSES 1) S89'12'50"W ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 315.03 FEET TO A POINT OF CURVATURE, t Kim W a yancr, Admi i rstive Assistant City of Wheat jdge COMMUNITY DEVELOPMENT City of wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26-109.D) April 3, 2014 Dear Property Owner: This is to inform you of Case No. MS -14-01, which is a request for approval of a minor subdivision with right-of-way dedication for property zoned Commercial One (C-1) located at the southwest corner of 38th Avenue and Kipling Street including 10100 W. 38th Ave., 10040 W. 38th Ave., 3795 Kipling St., and 3725 Kipling St. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Plannine Commission April 17, 2014 6a 7:00 p.m. City Council May 12, 2014 Q) 7:00 a.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. MS 1401.doc www.ci.w heatridge.co.0 s VICINITY MAP Site DENNING FRANKLIN D JR DENNING LISA M 14700 W 82ND AVE ARVADA CO 80005 7013 2250 0000 3377 5067 NEELY ORVILLE L NEELY A WAYNE C/O DEAN A HARRISON PO BOX 1838 Al' A 7 A T% A t"I-N onnn I 7250 0000 3377 5081 CIRCLE K STORES INC C/O PROPERTY TAX DEPT DC 17 PO BOX 52085 PHOENIX AZ 85072 7013 2250 0000 3377 5111 LEML GEORGE LEML AMALIE 3842 LEE CIR INIT-TP AT PTnCP CC) lRn(vl'j 7013 2250 0000 3377 5142 KUNZ MARY CAROL 3832 LEE CIR WHEAT RIDGE CO 80033 7013 2259 0000 3377 5173 ATHANASOPOULOS JOHN P ATHANASOPOULOSJOHN 22 MORNINGSIDE DR WHEAT RIDGE CO 80211 7013 2250 0000 3377 5210 0 13 � LLC 1251 PENNSYLVANIA ST 2 DENVER CO 80203 7013 2250 0000 3377 5241 BELL DAVID W 17206 W 17TH Pl, GOLDEN CO 80401 7013 2250 0000 3377 5265 KERNS DALE V 2525 MAROON BELLS AVE COLCR-400) 7013 2250 0000 3377 5296 INSPIRATIONS LLC 2655 W 39TH AVE DENVER CO 80211 43 2250 0000 3377 5326 CITY OF H AT RIDGE 7500 W 29 AVE WHEAT XIDCO 80033 JEMACO LLC 3850 KIPLING 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80033 3640 LEE ST WHEAT RIDGE CO 80033 RESID LUDVIGSEN ANN 3625 KLINE ST WHEAT RIDGE CO 80033 3625 KLINE ST WHEAT RIDGE CO 80033 MULTI MITHOFF LAURA 1295 HOLLY ST DENVER CO 80220 3615 LEE ST WHEAT RIDGE CO 80033 MULTI GAYBIL-JERFRE LTD 3705 KIPLING ST 100 WHEAT RIDGE CO 80033 3705 KIPLING ST WHEAT RIDGE CO 80033 COMMR LUDVIGSEN ANN 3625 KLINE ST WHEAT RIDGE CO 80033 3625 KLINE ST WHEAT RIDGE CO 80033 MULTI TRUJILLO JACOB C TRUJILLO MARY M WARNKE NO 3620 LEE ST WHEAT RIDGE CO 80033 3620 LEE ST WHEAT RIDGE CO 80033 RESID MUSGROVE CLARK MUSGROVE MARGARET 8 11273 W28TH AVE LAKEWOOD CO 80215 3605 KLINE ST WHEAT RIDGE CO 80033 MULTI AUTOZONE INC %DEPT 8088 PO BOX 2198 MEMPHIS TN 38101 3701 KIPLING ST WHEAT RIDGE CO 80033 COMMR MUSGROVE CLARK MUSGROVE MARGARET B 11273 W 28TH AVE LAKEWOOD CO 80215 3605 KLINE ST WHEAT RIDGE CO 80033 MULTI DIFRANCO DANNY GIACOMO 4655 W 112TH CT WESTMINSTER CO 80031 3590 LEE ST WHEAT RIDGE CO 80033 RESID KNOLL STEVEN GERALD 7042 UMBER ST ARVADA CO 80007 3595 KLINE ST WHEAT RIDGE CO 80033 MULTI KNOLL STEVEN GERALD 7042 UMBER ST ARVADA CO 80007 3595 KLINE ST WHEAT RIDGE CO 80033 MULTI GILLEN THOMAS GILLEN DEBRA 3580 LEE ST WHEAT RIDGE CO 80033 3580 LEE ST WHEAT RIDGE CO 80033 RESID BEAR CLAW INVESTMENTS LTD LIABILITY ( 3695 KIPLING ST WHEAT RIDGE CO 80033 3695 KIPLING ST WHEAT RIDGE CO 80033 COMMR NEVILLE ALFRED NEVILLE PATRICIA) 6662E JACKSON CT HIGHLANDS RANCICO 80130 3565 KLINE ST WHEAT RIDGE CO 80033 MULTI NEVILLE AIFREDR NEVILLE PATRICIA I 6662E JACKSON CT HIGHLANDS RANCICO 80130 3565 KLINE ST WHEAT RIDGE CO 80033 MULTI Lauren Mikulak From: Melissa Mackey Sent: Thursday, July 17, 2014 11:07 AM To. Lauren Mikulak Subject:„ Melissa Mackey Permit Technician Office Phone: 303-235-2855 Fax: 303-234-2857 C sty c*t .t;�ttl fit t�.r.ttPr, From Lauren Mikulak Sent: Thursday, .duly 17, 2014 11:06 AM To: Melissa Mackey Subject; 38th and Kipling Addresses Each person calls this project by a different name. Below are all the iterations and the addresses: 88tn and Kipling Kipling Ridge MVG Marketplace Subdivision (plat name only) Lauren E. Mikulak, AICP Senior Planner :11 W. 29th Avenue Wheat Ridge, Colorado 80033 Office 303-235-2845 Fax: 303-234-2845 s• • trig �tf �� m�ge CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information, It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you.. 11 City of Wheat Ridge Geographic Information Services State Plane CoordinateProl«non N Colorado Central Zone A Damn NAD83 m a o-ev.one,m n.�p..aK am�, v.wo�.o�Awrur woo..oaea rn. ura vne.<w,ao..,,i.n.nw� caa+v ceawo .. m..r.mw� ..acao�.m ro.00�ro..e id.. w.r.n.�,eo,m.mu+o wadi �O( W heat R E!W City of Wheat Ridge. Colorado 7500 West 29th Avenue Wheat Ridge. CO 80033-8001 303 234 5900 Created by Lauren %kulak. Planner I Data Source Cui, of Wheat R,d(p City of Wheat Ridge Geographic Information Services state rune Co«anate Protection N Ctaorado Centra zone A Datum NAD83 N m. n. naen..Pwn,rw� a ao<r,oro.ro x� a ee sw a caa.m ro. w�crn i..,, w ew,.<arorwv.e .wmwon *...ro..n.....e..nenwa.c.an+�a prow w a oamn.nr iro mm,wea ��brm,ron wawa ua,aa.r b r,re �wn..n mneoa.ron a n. nrn.w iro�uoae.. way w�w'.���.+ ron mom. u. cr. a wrox a.pe ee�n •ro,nanrn.., a.,..R. �..n....ro o�.w a«anew yew «. ee�..P+,Ke a n. m.no. en no�ww� awaw n.ren /Of W heat P4qge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 Created by Lauren Mikulak, Planner) Data Source City of Wheat Ridge Cit} of bat R„ e ttLIC WORKS Cita= of Wheat Ridge NN4unicipal Building 7500 W. 29'h Ave.. Wheat Ridge. CO 80033-8001 P. 303.235.28E 1 F- 303.235.2857 August 1, 2014 Mr. H McNeish MVC Development 15019 York Street, Suite 3011 Denver, CO 80206 303.573.6500 x.5123 Re; Second Review Comments of the Site Construction Plans for the MVG Marketplace Subdivision. Filing #1, Case ##MS -14-01/ WSP-14-01. Dear Mr, McNeish, 1 have completed the second review of the alcove referenced documents received onJuly 18, 2014 and for the proposed subdivision involving the property located at the southwest corner of W. 38`P' Avenue and Kipling Street, and 1 have the following cornments: SITE CONSTRUCTION PLANS General Comments: 1. For all sheets with a plan view: a. Revise the ADA ramps at the W. 38`'' Avenue entrance to be parallel to W. 38"' Avenue — you don't want to direct pedestrians into the roadway. b. Revise the stop bar across W. 38"' Avenue (at the Kipling Street intersection) to correspond to the relocated crosswalk across W. 38th Avenue. c. Realign the crosswalk across Kipling to match the new ADA ramp. 2. This second submittal of the Construction Plans contains two areas of proposed sidewalk along Lee Street (near W. 38'1') that lie outside of the 10' strip of Right -of -Way to be dedicated by the MVG Marketplace plat. This creates a couple of issues: a. The ROW dedication on the plat must be revised to include these two areas in order for the City of Wheat Ridge to take control of and provide future maintenance to these areas. b. The proposed ,jog in the sidewalk may impact both the Site Plan and construction plans for the Morn ngStar Assisted Living facility. Sheet C1.0 JCover Sheet 1. No comments at this time. Sheet C1.1 General Construction Ntates 1. No comments at this time. Sheet C1. Demolition Plan 1. The linetype for the Limits of Construction needs to be darkened for better clarity (some areas are currently really hard to see). Sheet 0133 Dior. Control & Site Plan 1. Please see General Comments #1 and #2 above. Sheet C 1.4 Site Pavin Plan): ww w.ei. wheatridgte.coms Public Works Engineering August 1, 2014 Page 2 I . Paving Plan Note #1 refers the reader to the wrong Sheets. Revise to direct the reader to Sheets C 1 .9 and Cl . 10. 2. Under the Paving Plan It and Legend: a. Keynotes 1, #2. and #3 need to be revised to direct the reader to Sheet C1.10. b. Keynote 45 needs to refer the reader to Sheet CIJ L Sheet C1.5 Grading Plan I 1, Please add the following text at the end of Note # 7: -RETAINING WALLS 48" OR HIGHER SHALL BE DESIGNED BY A STRUCTURAL ENGINEER - REFER TO STRUCTURAL PLANS FOR WALL INFORMATION." Sheet C I, Please see General Comments #I and #2 above. Sheet C I - 1. All previouscornments have been addressed. Sheet Cl rW 38C'Aven e Stiin , pan L Please see General Comments #1 and #21 above. 1 Roadway Keynotes #I , #2, #3, and #5 direct the reader to the wrong Sheets, please see redlined Plans. 3. Add the striping information (2' strip & 6' skip) for tile white lane striping beginning at 7+15.04/11.77 left. 4. For the double -yellow striping: a. Redraw the taper to better align with the lane striping to the east. b. Include a 25:1 taper ratio. 5. Include lane width dimensions at the locations indicated on tile redlined Plan. 6. Need to add a left turn book at (approx.) Station 4+18, A Sheet CLI I ' Street &Site Construction Details 1. No comments. Sheet 01. 10 (Street & Site Construction Details I. The pavement thickness for Kipling Street needs to be shown can these plans. It is doubtful that the onsite construction crew would either have a copy or refer to the Geotechnical Engineering Report. 2. Need to include details tor the left -turn arrow. pedestrian crosswalk. and stop bar to be used at the W. 38"' Ave. and Kipling St. intersection. Sheer C I j Ie Site Construction Details 1, No comments. Sheet 01,12 Sanitaa-v Sevver Plan & Prot -tie 1, No comments. Sheer 01.13 it ItifitV Plan \. 1. All previous comments have been addressed. Sli�eetC 1. 1 �4_StprnjPlan ,PrI Prof�Iel i 1, All previous comments have been addressed. www.ci.wheatHdgexo.u* 3888 and Kipling NIV6 NlarWplacc Sob site: Consinwtion Mans - mview-) hr &Xx August 1, 2014 Page 3 Sleet C:. i . l 5 Storm Plan �; Profile 1. All previous comments have been addressed. Sheet C1.1Fi Storm flan Prete 3 1. No comments. Sheet C I . LjjStorm Plan & Profile �l� 1. Inlet #5 at the NE comer of Kline Street needs to be a City -standard inlet. All inlets proposed for construction within the City Right -of -Way shall be City -standard inlets (please refer to the City detail "U-00J_,lCURB.lNLET.DWG"). Please revise this in both the profile view and in Keynote #41. Sheet C 1. !§ L,5torrn Plan Profiles 5 ti 1. No comments. 1. No comments. Sheet 01,20 'Utility Constriction Details' Qetails 1. No comments. Sheet 1. No comments, Sheet CL2 (Utilitv Construction Detaikl; I. No comments. ITEMS OF NOTE: 1. Itemized Engineer's Cost Estimate[Performance Guarantee: An itemized cost estimate must be submitted for review and approval for the public improvements associated with this project Upon approval of the cost estimate all associated performance guarantee for the approved amount plus 25% (125%) as required by the Municipal Code of Laws in the form of all Irrevocable Letter of Credit (ILOC) shall be required prior to recordation of the subdivision plat, 2. Subdivision Improvement Agreement*: A Subdivision Improvement Agreement (SIA) will be needed prior to recordation of the Final Plat. An ILOC in the amount of the above-mentioned approved itemised cost estimate for the public improvements to be constructed along the W. 38"' Place frontage will be referenced in the SIA, *Through conversations with Ken Johnstone, Director of Community Development, the SlA/ILOC requirement may be replaced with a different agreement between the developer and the City which will address the performance guarantee requirement, 3. Drainage Certification/ Stormwater Maintenance Agreement and 0 & M Plan: Please note the following items required rior to the issuance of the first Certificate of Ctccal ancy for the Subdivision: www.d.wheatridge.co.us 38th and Kiphng,_' WG'Markelplace Sub -Site Consftuction Plans - m0ew2,11t,d(wx August 1, 2014 Page 4 a, Drainage Certification: A Drainage Certification Letter from the Engi neer-of- Record stating that all drainage related items were constructed per the approved civil engineering documents. The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter as required by the Municipal Code of Laws. b. Stormwater Maintenance Agreement and 0 & M Plan: All post -construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owners) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For stormwater quality facilities including. but not limited to. above -ground or underground detention facilities, porous landscape detention areas. porous pavement, centrifuge type devices such as a Rinker StornicepterOp, hydrodynamic separation systems such as a Contech Vortechs*). or for any other approved post - construction BMP, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (0 & M) Schedule/Log shall be required prior to issuance of the first Certificate of occupancy. The 0 & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements, Please submit for review and approval one PDF file of the revised documents. The electronic file must contain scanned images of the P.E. seat & signature for approval. The files may be included with the hardcopy submittal on CD/DVD-ROM or delivered via e-mail. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 301215,2864. Sincerely, Development Review Engineer/ City Surveyor 301235.2864 d brossmaa nn�(W��ci.vvhca �tc.co,us, CC Steve Nguyen, Engineering Manager Lauren Mikulak. Planner 11 Ffle wwwA.wheatriftexom, 18fli and Kiphng,, NIVG Matkelplace Sitt, Site Plans - mview2.1h,docx, Lauren Mikulak From: H McNeish <hmcneish@mvgdev.com> Seat: Thursday, .lune 26, 2014 5:30 PM To: Lauren Mikulak Subject: 38th & Kipling Site Plan Resubmittal Attachments: Sprouts 38th & Kipling Final Site Plan_062014.pdf Lauren Attached please find a revised final Site Plan package per your request on May 28. Thanks for your patience on our response to the following comments: Show the pedestrian crosswalk that will cross the major interior drive and will connect the sidewalks on lots 1 and 2 (see attached) o Sheets 2, 3, 5 & 6 were revised to reflect the requested pedestrian crosswalk + On sheet 5, move the note from the bottom of the table to the streetscape schedule; this will help to clarify that the only place where tree counts are reduced is along the public streetscape. o The note was revised on Sheet 5 per your request. Please let me know if you have any concerns, and our next step. Thanks _ H H McNeish Director of Planning and Entitlements MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 0 303.573.6500 x.5123 M 1 303.748.9923 1 Lauren Mikulak From: Lauren Mikulak Sent: Thursday, May 01, 2014 11:14 AM To: H McNeish Subject: RE: City Council Perfect, thank you. Lauren E. Mikulak, AICP Planner II Office Phone: 303-235-2845 From: H McNeish [mailto:hmcneishCabmvgdev.com] Sent: Thursday, May 01, 2014 11:05 AM To: Lauren Mikulak Subject: RE: City Council Lauren — We are comfortable with your proposed edits and will get revised, electronic copies of the plat to you shortly — hopefully still today. H H McNeish MVG I Development O 1303.573.6500 x.5123 M 1303.748.9923 From: Lauren Mikulak[mailto:lmikulak@ci.wheatridpe.co.usl Sent: Thursday, May 01, 2014 9:45 AM To: H McNeish Subject: RE: City Council Thanks, H. With this modification, I'm realizing we'll need to change the note on the first sheet (see below). I've also proposed language regarding access. Let me know what you think. Thanks, Lauren Easements Easements are hereby granted on private property as shown on the plat. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, drainage and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. General Notes I—] 4. Street access from perimeter streets shall be shared among all lots and shall be consistent with the curb cuts approved on the site plan per Case No. WSP-14-01. Lauren E. Mikulak, AICP Planner II Office Phone: 303-235-2845 From: H McNeish [mai Ito: hmcneishC�mvgdev.com] Sent: Tuesday, April 29, 2014 5:03 PM To: Lauren Mikulak Subject: FW: City Council Lauren - below is what I sent to our surveyor H McNeish MVG I Development O 303.573.6500 x.5123 M 303.748.9923 LOT 1 CONSWDA70N PLAT K B ►'1N£A T RIDGE AMOCO S TA TJON FL SU�VNW ccl DENTAL GROUP No 5215 :alm FCo UNPLATTEU .o�ta Cr 5457}'f9'E l aura A, - 14.1 }' NEST 38TH AVENUE RQII 7ALLMZ[ 0. '*4d SEE "TAR A• t00 PECf tto 86096522. PP ? PG. 523. BK844 PC 378) vc !Te i cg9ro2's� n t.' 06 (RI 264.' tr'(u1 330.26' u r .b . a P.O.G. 6 R. r/ GRUN PLASM CAP 15 791Y4s r - Nr COR. 590.50' VC 28 r-- M , N89'12'50'E rnb 3-1/4- ALLW • }. 1 �' CAP L5113212 W 80X4aP.0.838TH&Ki Tstow"M ;Ir rsrT�-- �: D,9�'3.' : u, 1^ 89 ass PARK 1 AL Ip L-23 71' o15x P(ARMAL r ?olio c5 :v Y4 � C� Dti C-71 32' --, Hq,rw �r P 7 1 AM110V! MTI{ NMQIMa 1n L LOT��2� � i0t>3�►N AVE Roll 1N E I 1x20 PAor is? Ads oft 4008� (AMID WA MAU 145 COOt V vo ($U7 RI t' AWAZ 0($X AV ASPKQ Y •, [SVi A crr� (17 1 L5 79)i66 8.15000';'00. zss82' +rw � • AS S89'}2'SO�W L0- 77 96.E o A ur r 2202004 is 2 5.00 C8 . S i 51D6'12 "f 5w 0.0111 - 0.02-S I i C. 7 708' 530x*,Oo'f 18.95' ty R.1S0.00' 0.30'00:00' L• 75.54 l '� CB�$1SVOL�O"f 77_6 TOTAL AREA 27678: 5 r. AS C. _ ` 500W.'007 6 S5 AC I k' — 7s /o' a A r utsvr - Fhn rytp s e ArPt ( Oa V 315.03' w' rfu0r SRAI I LACE trr es 'All: I \59CU?'Oa"fT �� A 1tY V1 IT78: SF I CL ' W _ a. ��. I� 9 H � Cr LOT 4 I! Jci Oil ; I 3725 KFLWG 3' Mq old G \ f. I r _ 8 ao n ' 2400' H McNeish MVG I Development O 1303.573.6500 x.5123 2 M 1 303.748.9923 From: Lauren Mikulak[maiIto:Imikulak@ci.wheatridge.co.us] Sent: Tuesday, April 22, 2014 4:49 PM To: H McNeish Subject: RE: City Council H, Below is a summary of where we stand on each component of the application. Let me know when you want to pick up the signs—this week is fine. Subdivision plat: - The public hearing before Council is scheduled for Monday, May 12, 2014. The posting is required to begin on Monday, April 28 but can begin earlier if needed. I will have the signs prepared so you can pick them up anytime this week. - The packet for Council will be due May 1, so we will need to have the final corrections addressed by that date. This includes any reconfiguration of perimeter easements on Lots 2 and 3 and a correction on page three (Tract A should refer to note 7—see attached). Ken is back in town and I am working with him to propose language regarding access. Site plan: - We need the third submittal of the site plan; this can be emailed as a pdf. Comments from the second review were sent on April 3 and were minimal, but I have one additional comment based on the recent review of the MorningStar site plan. Please show pedestrian crosswalk that will cross the major interior drive and will connect the sidewalks on Lots 1 and 2; see attached. Drainage: - Chad provided the revised pages for the drainage report this morning, so the report is complete and approved. - Among the next steps for drainage is the preparation of the Operation and Maintenance Plan, which will include the Stormwater Maintenance Agreement. We will need to know who is responsible for maintenance of drainage facilities. Chad didn't know what the final arrangement would be when we were talking with him this morning, so I wanted to put it on your radar that this will need to be articulated and approved as part of the O&M document. Let me know if you have any questions. Thanks, Lauren E. Mikulak, AICP Planner II Office Phone: 303-235-2845 From: H McNeish [mailto:hmcneish(@mvgdev.com] Sent: Friday, April 18, 2014 4:25 PM To: Lauren Mikulak Subject: City Council Lauren –Thanks again for your hard work last night. I was looking ahead, and if I have dates right, I need to post the site for CC by April 28. 1 will be traveling from the 27t' to the 29th, So If I can post the site on the 25th or 26th that would be helpful. Let me know your thoughts. H H McNeish Director of Planning and Entitlements MVG I Development 1509 York Street, 3rd Floor Denver, CO 80206 0 1303.573.6500 x.5123 M 1 303.748.9923 City ol'Wheat Ridge Municipal Building 7500 W, 29'�'Av(:, Mr. 1-1 McNeish 1509 York Street, 3rd Floor Denver, CO 80206 Wheat Ridge. ('0 80033-8001 P: 3012352846 F: 301235 2857 Re: MS -14-01 and WSP-1 4-01 / 38th and Kipling — 2"" Review Dear Mr. McNeish: This letter is in regard to your application for approval of a subdivision and site plan for property zoned Commercial -One (C-1) and located at the southwest corner of W. 38th Avenue and Kipling Street. Thank you for addressing the comments from the first review. Below are a few revisions related to the second submittal, --t'7—On sheet I of the plat in the second line of the legal description, please remove the duplicate phrase "of the" before the word county. 2. On sheet 5 of the site plan, please move the note from the bottom of the table to the streetscape schedule. This may help to clarit', that the only place where tree counts are reduced is along the public streetscape. 3. As we discussed on the phone, utility easements may need to be modified. This can be addressed as you consider potential building locations for Lots 2 and 3 in relation to the build -to requirements or after discussions with the water and sanitation departments. We call remove the north and east perimeter easements from these two lots to increase developable area of the lots. 4. Please see attached comments and redlines from Dave Brossman dated April 1, 2014. As he notes in his letter, comments related to the traffic report are, forthcoming. For questions or clarification on any comments, please feel free to directly contact myself or Dave. 'File application is scheduled to be heard by the Planning Commission on Thursday. April 17 at 7pm. Please refer to the schedule below which indicates the deadlines associated with this meeting. by April 10 Submit digital copies of the revised plat for inclusion in the meeting packet; these can be emailed or uploaded to the, City's lip site. on April 17 The Planning Commission meeting begins at 7pm, attendance by the applicant or a representative is required (Municipal Building, Council Chambers, 7500 W. 29"' Avenue, Wheat Ridge, CO) Sincerely, fOLAA� Lauren E. Mikulak, AICP Planner 11 cc: Clasefiles (AIS�-14-01 (ind lf,,SP-14-01) TO: Lauren Mikulak, Planner 11 FROM: Mark Westberg, PE, CFM, Prpject Supervisor DATE: April 7, 2014 SUBJECT: MVG Marketplace Subdivision, Traffic Impact Study I have completed my review of the Traffic Impact Study revised March 2014 for the proposed rnixed-use development at 381" Avenue and Kipling Street. The revised study adequately addresses all of my previous comments. I have the following observations regarding this submittal: 1. Proposed Traffic Volumes a. The study does not have any reductions for pass -by trips or internal capture. It assumes that all of the proposed uses generate new trips to the site with none of the trips being shared. This is a very conservative, but acceptable, approach. 2. Kipling Street Access a. Although CDOT has commented that Access B, the northern access, at Kipling Street must be limited to right-in/right-out, a 1/4 access is still proposed with a note that discussion with CDOT staff is ongoing. Since this is CDors jurisdiction, we Mill await a final answer from them, b. Proposed improvements include deceleration/right-tum lanes for both of the proposed accesses at Kipling Street, This results in an additional lane being added on Kipling Street from 38`" Avenue to Access C, the southern access. 81h 3. 3 Avenue Access a. A very short, 50 foot, west bound left turn lane is proposed by restriping in the vicinity of Access A, the only proposed 38"' Avenue access. The final configuration of the restriping will be determined with the construction drawings. MV6 Edocx City of W h eat RLd g c LIC WORKS City of Aheat Ridge Municipal Building 7500 W, 29" Ave. Wheat Ridge, CO 80033-8001 P: 301235,2861 R 303�235.2857 April 10, 2014 Mr. H McNeish MVG Development 1509 York Street, Suite 300 Denver, CO 80206 303.573,6500 x.5123 Re: Second Review Comments of the Final Drainage Report and Traffic Impact Study for the MVG Marketplace Subdivision, Filing #1, Case #MS -I 4-01/ WSP-1 4-01, . Dear Mr. McNeish, I have completed the second review of the above referenced documents received on April 8, 2014 and March 27, 2014 respectively, for the proposed subdivision involving the property located at the southwest corner of W. 381h Avenue and Kipling Street, and I have the following comments: CIVIL ENGINEERING Final Drainage Report (Discussion): 1. The Report will be approvable upon completion of the following: The last paragraph under sub -section B of the Drainage Facility Design section (page 7) states the CDS* (misspelled) is designed to target 80% removal of particles 125 microns or larger. Please revise this paragraph to more closely reflect the City's position on underground WQ facilities. I suggest changing the language to something such as: "'The City requires field collected data be provided for proprietary underground BMPs such as the Contech CDS* to demonstrate the proposed device will provide a sufficient level of water quality treatment. The City requires that all proprietary systems produce effluent quality with a median TSS concentration of no more than 301 IL (measured using the TSS - EPA method) per Volume 3 of the UDFCD Manual, The CDS( R-) stonilwater treatment system proposed for this project has been field tested to provide a median TSS -EPA effluent of 25.5, meeting the UDFCD criteria. Supporting data has been provided in section 133 of the Appendix of this Report." 2. Please provide a P.E. seal and signature on the revised Final Drainage Report for approval. Final Drainage Report (Appendix): I - All previous comments have been addressed, Final Drainage Plan: 1. All previous comments have been addressed for the Developed Plan, 2. Please provide a P.E. seal and signature on the revised Final Drainage Plan for approval. Traffic Impact Study: 1. Please refer to the previous Memo from Mark Westberg, P.E. for co rents pertaining to the Traffic Impact Study. www.6wheatridge.coms IrIT, L19 r11711• April 10, 2014 Page 2 ITEMS OF NOTE: 1. Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all public improvements including but not limited to. drainage -related items such as detention ponds, outlet structures, water quality devices, drainageways or pans, curb,gu fler, and sidewalk, a. A 6400t wide detached sidewalk with ti -foot wide amenity zone will be required for both the W. 38"' Avenue and Kipling Street frontages. b. Include street plan and profiles for any proposed curb & gutter or other roadway improvements along property frontages. c. Include all applicable City standard details for all proposed constructed items. The City of Wheat Ridge generally confornis to CI OT standards; if no City standard detail is available please refer to the CD6T M -Standards. d. The Construction Plans must be submitted for review and approval prior to recordation of the Final Plat. e. All public improvements shall be completed and accepted by the City prior to issuance of the first Certificate of Occupancy. 2. Stormwater Management Plan: This site is greater than one acre in size. As the area of disturbance will meet or exceed one (1) acre, a Storrawater Management Plan (SWMP) associated with the required CDPS Permit shall be Submitted to the City of Wheat Ridge for review and approval. The SWMP must be approved by the City prior to issuance of any Building Permits, The CDPS Permit is generally obtained by the contractor at time of Building Permit Application and a copy must accompany the final submittal of the SWMP. 3. Itemized Engineer's Cost Estimate/Performance Guarantee: An itemized cost estimate must be submitted for review and approval for the public improvements associated with this prqject Upon approval of the cost estimate an associated performance guarantee for the approved amount plus 25% (125 40) as required by the Municipal Code of Laws in the form of an Irrevocable Letter of Credit (ILOC) shall be required prior to recordation of the subdivision plat. 4. Subdivision Improvement Agreement*: A Subdivision Improvement Agreement (SIA) will be needed prior to recordation of the Final Plat. An ILOC in the amount of the above-mentioned approved itemized cost estimate for the public improvements to be constructed along the W, 38"' Place frontage will be referenced in the SIA. *Through conversations with Ken Johnstone, Director of Community Development, the SIA/ILOC requirement may be replaced with a different agreement between the developer and the City which will address the performance guarantee requirement. 5. Drainage Certification/ Stormwater Maintenance Agreement and 0 & M Plan: Please note the following items required for the Subdivision: a. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items were constructed per the approved civil engineering documents.The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter as required by the Municipal Code of Laws. b. Stormwater Maintenance Agreement and 0 & M Plan: All post -construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws, For stormwater quality facilities www.d.wheatridge.coms 38th and Kiplir19_NlV(; Mark-etPhIce Sub, Civil D(vs ONLY -- review2,hr,do4x Public Works Eng1 ineeri April 10, 2014 Page 3 including, but not Junited to, above -ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stormceptei*), hydrodynamic separation systems such as a Contech VortechsV, or for any other approved post - construction BMP, a Stoninvater Maintenance Agreement accompanied by an Operations and Maintenance (0 & M) Schedule/Log shall be required prior to issuance of the first Certificate of Occupancy, The 0 & M Scliedule/LA)g must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements, Please submit for review and approval one hardeopy, and one PDFfile of the revised documents. The electronic files must contain scanned images of the P.E. seat & signature for approval. The files may be included with the hardcopy submittal on CD/DVD-ROM or delivered via e-mail. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864, Sincerely, David F Brossrnan, P,LS. City Surveyor/Developtnent Review Engineer 303.235.2864 dbrossmanCa�ci.wheatrid,ge.co.u,s CC: Steve Nguyen, Ftiginecring Manager Unaren Mikulak, Planner 11 File www.d.wheatridge.co.us 381h and Knding_ MVG Marketplace Suh_Ovil Ooc,� ONLY - revieNvIln.docx .1* It V, City of ]��Wh6atR,iAe- LIC WORKS City of Wheat Ridge Municipal Building 7500 W, 29"' Ave, Wheat Ridge. CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Mr, It McNeish MV G Development 1509 York Street, Suite 300 Denver, CO 80206 303.573.6500 x.5123 Re: Second Review Comments of the Final Plat and Site Plan for the MVG Marketplace Subdivision, Filing #1, Case #MS -14-01/ WSP- 14-0 1. Dear Mr. McNeish, I have completed the second review of the above referenced documents received on March 27, 2014, for the proposed subdivision involving the property located at the southwest corner of W. 38'h Avenue and Kipling Street, Please note that the revised Final Drainage Report has not been received as of the date of this letter, and the Traffic Impact Study that was received on March 27t" is still under review by Mark Westberg, P.E. In light of this, the second review of the technical civil documents will be under separate cover at a later date. The following comments pertain to the second review of the Final Plat and Site Plan: PLANNING AND ZONING Final Plat General Comments: I . An item that was overlooked on the first review is that all of the existing parcel lines need to be shown on the plat with the language, "PARCEL BOUNDARY LINE HEREBY REMOVED BY THIS PLAT" or "DEED LINE HEREBY REMOVED BY THIS PLAT". This should be done to help the Jefferson County Assessor's Office correctly determine the intended (proposed lot) boundary lines. 1 Since the plat is already quite busy, to accomplish this I would suggest adding another sheet to the plat that depicts all of the existing lot lines to be removed and the casements that are being vacated, The sheet with all of the vacations should be the second of the three sheets, and the third sheet the one with all proposed new lot lines, new easements, and proposed ROW dedication, 1 In my opinion we should strengthen the language for the easements that are being "vacated" by this plat by adding the following language in a Note: "ALL EASEMENTS IDENTIFIED ON THIS PLAT AS BEING "HEREBY VACATED" SHALL FOREVER BE VACATED, TERMINATED, AND EXTINGUISHED UPON RECORDATION OF THIS PLAT WITH THE JEFFERSON COUNTY CLERK & RECORDER*S OFFICE," Sheet 1: 1. To go along with the new Sheet 2 mentioned above, please add the following two Notes on the Cover Sheet: w%vwxi.wheatridge.coms Public Works Engineering April 1, 2014 Page 2 -SHEET 2 OI' THIS PLAT SPECIFIES THE EXISTING PARCEL BOUNDARY LINES TO BE REMOVED AND EXISTING EASEMENTS TO BE VACATED BY THIS PLAT". b. "SHEET3 OF THIS PLAT SPECIFIES THE PROPOSED LOT LINES AND NEW EASEMENTS HEREBY CREATED, AND THE PROPOSED R1GFfF-OF-WAY HEREBY DEDICATED, BY THIS PLAT". 2. The bearing along the ROW triangle at the coiner of W. 38"Ave,& Kipling St. should be S45'2 I 'I 9-E (currently a SW bearing) per the Legal Description. 3. There is a typo in the Storm Drainage Easement language; the quotation marks apparently plotted out as questions marks -- please revise, Sheet 2: I. There is still one telephone easement shown as "To Be Vacated". Please modify this notation to read, "HEREBY VACATED BY THIS PLAT", 2. Add the words, "SEE NOTE 8*' for the ROW dedication along W. 38"' Avenue as indicated oil the redlined plat,.81h 3. The bearing for the southerly leg of the ROW triangle at W. 3 Avenue & Kipling Street is shown as S45'21'19"W, this should be shown as S45'21'19" lam. 4. Please remove the 28.50' distance reference to the (now removed) 75" ROW reservation line. 5. In the Notes: a. Since Note 5 as shown is incomplete -- please remove this text and replace with the following: 5, THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROMTHE NAD 83 HARK STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN TRE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF 'I LIE GEODETIC CONTROL, SUBCOMMITTEE (FC DC- b. Note 7 can be removed -- Note 4 already provides the statutory distance description. Site Plan I . All previous comments have been addressed, tile Site Plan is approvable from a Public Works standpoint. * Please include a Final Drainage Report & Plan for review and approval with the next submittal. ITEMS OF NOTE: 1. Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all public improvements including but not Innited to, drainage -related items such as detention ponds, outlet, structures, water quality devices, drainageways or pans, curb, gutter, and sidewalk. www.d.wheatridge.coms, 38th and Kipling MVG Marketplace Sub, SkePlan mid Plat ONLY - revimIltr,docx Public Works Engineeri April 1, 2014 Page 3 1 a. A 6 -foot wide detached sidewalk with 6 -foot wide amenity zone will be required for both the W. 38"' Avenue and Kipling Street frontages. b. Include street plan and profiles for any proposed curb & gutter or other roadway improvements along property frontages, c. Include all applicable City standard details for all proposed constructed items. The City of Wheat Ridge generally conforms to CDOT standards; if no City standard detail is available please refer to the CDOT M -Standards. d. The Construction Plans must be submitted for review and approval prior to recordation of the Final Plat. e. All public improvements shall be completed and accepted by the City prior to issuance of the first Certificate of Occupancy. Stormwater Management Plan: This site is greater than one acre in size. As the area of disturbance will meet or exceed one (1) acre, a Ston-nwater Management Plan (SWMP) associated with the required CIPS Permit shall be submitted to the City of Wheat Ridge for review and approval. The SWMP must be approved by the City prior to issuance of any Building Permits. The CDPS Permit is generally obtained by the contractor at time of Building Permit Application and a copy must accompany the final submittal of the SWMP. 3. Itemized Engineer's Cost Estimate/Performance Guarantee: An itemized cost estimate must be submitted for review and approval for the public improvements associated with this project Upon approval of the cost estimate an associated performance guarantee for the approved amount plus 25011% (125%) as required by the Municipal Code of Laws in the form of an Irrevocable Letter of Credit (ILOC) shall be required prior to recordation of the subdivision plat, 4. Subdivision Improvement Agreement: A Subdivision Improvement Agreement (SIA) will be needed prior to recordation of the Final Plat. A Letter of Credit in the amount of the above-mentioned approved itemized cost estimate for the public improvements to be constructed along the W. 38"' Place frontage will be referenced in the SIX Drainage Certification/ Stormwater Maintenance Agreement and 0 & M Plan: Please note the following items required ncvfor the Subdivision: a. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items were constructed per the approved civil engineering documents. 'rile Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter as required by the Municipal Code of Laws, b. Stormwater Maintenance Agreement and 0 & M Plan: All post -construction Best Management Practices (BMPs) for water quality must be maintained and inspected by the property owner(s) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For stony water quality facilities including, but not limited to, above -ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stornicepterg, hydrodynamic separation systems such as a Contech Vortechs*, or for any other approved post_ construction BMP, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (0 & M) Schedule/Log shall be required prior to issuance of the first Certificate of Occupancy, The 0 & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. www.d.wheatridgccoms 38th incl Kipfing_MV6 Marketplace Sub-, SitePlan and Plat ONLY • revicw1fir.doex Public Works Engineering April 1, 2014 Page 4 Please submit for review and approval one hardcopy and one ME file of both revised documents, and one AutoCAD 2010 DWG file of the revised plat. The electronic files may be included with the hardcopy submittal on CD/DVI)-ROM or delivered via e-mail. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303-235.2864. Sincerely. David F. Brossman, P.L.S. City Surveyor/Development Review Engineer 303.235.2864 dbrossmaii(d`ci.wheatridoe�co.us Cc: Steve Nguyen, Enginecting Manager Lauren Mikulak. Planner 11 File www xi.wheatridgexoms 38thandl(ipfiia; NlVG Markophice Sab_SilePtin and Platt )Nl. Y - mwicwIlV doex 2��* 9 Ms. Lauren Mikulak, AICP City of Wheat Ridge Community Development 7500 W. 2911 Ave. Wheat Ridge, CO 80033 MIMUM Thetoqo#vx wl , _w4 March 12 2014 regarding the above noted project. Subdivision Plat Both sheets: 1. On both sheets please correct the title of the document as follows: a. The second line should read, "A PARCEL SITUATED..," b. The third line should read, ",..RANGE 69 WEST..." V c. The fourth line should read, "_COUNTY OF JEFFERSON..." These edits have been made or discussed with you. r 2, On both sheets, please increase margin on right side of pages to Y2 -inch. (This may have been a printing issue, not a layout issue—my only concern is that the final mylar has correct margins to be acceptable to the County), This issue will be resolved prior to the printing of mylars. 3. On both sheets, in the case history box, please replace the years with the following ca numbers: MS -14-01 and WSP-14-01. This information is now provided. / I Sheet 1— Cover page: 4. Under the owner signature line, please indicate the name and title of the person who will be signing the plat on behalf of the owner/MVG. This information is now provided. v S. On the vicinity map, please show additional streets particularly Kline, Lee, and W, 37 1h Pla which front the property. If necessary, this map can be a larger scale (zoomed in). This information is now provided. i www.mvgdev.com (303) 573-6500 fax(03)573-6503 6. In the city certification, please add a fourth line so that the City Clerk and Mayor have separate signature lines. This change has been made. 7. It appears that a cross access easement will blanket the entire property, I also assume there will be shared parking among the four lots. If so, please modify the note to read as follows: The owner of Lots 1, 2, 3, and 4 of MVG Marketplace Subdivision Filing No. 1, his successors, and assigns grants limited rights and privileges of access to and free movement through the curb cuts, parking areas, and drive aisles of Lots 1, 2, 3, and 4 of MVG Marketplace Subdivision Filing No. 1. Such grant of easement shall be limited to the owners, tenants, customers, and guests of the owners, and shall furthermore grant access to and free movement through the property to those entering the property from abutting public streets and between Lots 1, 2, 3, and 4 of MVG Marketplace Subdivision Filing No. 1. We provided the following note based on your suggestion: The owner of Lots 1, 2, 3, and 4 of MVG Marketplace Subdivision ng No. 1, its rNkjl successors, and assigns, grants a non-exclusive easement for pedestrian and vehicular access across p• areas, and drive aisles of Lots 1 2, 3, and 4 of Sheet 2Marketplace Subdivision Filing No. 1. MAN= — Graphic plat: 8. Please add a legend and include the various line weights, point symbols, and hatch patterns. This information is now provided. V, 9. Regarding the identification and zoning of neighboring parcels please make the following corrections (see redline): a. Valley Vista lots are zoned R-3. b. Eller Subdivision should be Lot Il c. Please remove the label "Park City" and identify as Lot 1 (this is part of 38th and Kipling Park Sub), d. Please remove the "Zoned Cl" label from 381h Avenue, e. Wheat Ridge Dental Group lots are zoned PCD. f. Please remove the label "Unplatted City" and identify as Tract A (this is part of Wheat Ridge Dental Group). This information is now provided. V 10, Please label Kline Street. This label is now provided. 11. For Lot 1, please add a hyphen to the zoning, so it reads C-1 and matches the other lots. This change has been made. 12. Please remove the ± symbols from the size calculations (sf and acre) of the four lots, This change has been made. 13. Please add the newly assigned addresses for each lot: a. Lot 1-1010OW, 381hAvenue b. Lot 2 — 10040 W. 381h Avenue Site Plan " ", (' , I , , �, All sheets: STM. 15. On pages 1-7, please correct the title of the document as follows: a. The third line should read, ".-RANGE 69 WEST—" V b. The fourth line should read, "...COUNTY OF JEFFERSON... These edits have been made. Sheet I — Cover page: 16. In the legal description, please modify line two to read ".-in the Jefferson County..." This edit has been made. 17. Please correct the basis of bearing statement which appears to reference a Stapleton project. This edit has been made. 18. Under the owner signature line, please indicate the name and title of the person who will be signing the plat on behalf of the owner. This information is now provided. 19. On the vicinity map, please show additional streets particularly Kline, Lee, and W. 37th Place which front the property, If necessary, this map can be a larger scale (zoomed in). This information is now provided. 20. Please add the newly assigned addresses to the site data table: a. Lot 1-10100 W. 38th Avenue b. Lot 2 —10040 W. 38th Avenue 3795 Kipling dLot 4 — 3725 Kipling 21. Please add a case history box and the following case numbers: MS -14-01 and WSP-14-01, This information is now provided. Total Lot 4 Parking Required: 122 (1 space/200sf based on 90% (24,352 sf) floor area) fTotal Lot 4 Parking Provided: 128 standard spaces 5 accessible spaces Thank you for this clarification. This change has been provided. Sheet 2 — Site plan: 23. Please uvdate th Markin This edit has been made. 24. This information is now provided. 25. Please widen the parking lot screening along the eastern property line from 3.5 feet to 5 feet in width in compliance with section 3.7.1 in the Architectural and Site Design Manual (ASDM). This change has been made. The result was a reduction in the north/south parking lot V walkway from 9'to 7.5. 26, Please indicate the proposed curb cut locations on Lots 2 and 3 to confirm they will not conflict with overall circulation. 27. Please identify the location of bicycle parking on Lot 4. Per code section 26-501.E.4, the minimum required number of spaces is 6. Each inverted U type bicycle rack counts as 2 spaces, Please add the total provided to the cover sheet, The bicycle parking was provided but not clearly on all sheets. The requested information is now shown. 28. To improve pedestrian connectivity and to minimize conflict please show sidewalk extensions in the following locations (see redline): a. Between Kipling and the Sprouts building on the south side of the entry drive. A walk has been added to this area, in addition to the ADA accessible route on the north side of the entry drive b. From W. 37 th and Kline to the Sprouts building, A walk has been added adjacent to Kline and a connection from Kline to the NW corner of Sprouts has been provided. The exact alignment of the connection walk may need refinement. c. Along the north -south interior drive, wrapping the southern property lines of Lots 2 and 3 and connecting to the interior sidewalk in the parking lot via striped crossing. I/ The requested walk has been provided. 29. The site plan shows monument signs on Lot 2 and Lot 4. If these are intended to be multi - tenant signs and/or for Sprouts, a master sign plan will be required. This document will allow the proposed signs which would otherwise be considered off -premise and not permitted (particularly in the case of the Lot 2 sign). Enclosed is an informational handout and example, Master sign plans are approved by Planning Commission and recorded with the County; I think have it reviewed by Planning Commission at the same public hearing as the plat. Thank you for this clarification. We are continuing to show the monument sign on the Sprouts parcel at the northern entrance on Kipling. Others will be handled with a master sign plan at a later date. I 30. As noted in comment #14, the right-of-way reservation is no longer required. This means that the building would need to be shifted about 15 feet to the east to meet the build -to requirement of the ASDM. I am aware that this contradicts information we had previously provided and could affect the site and drainage plans. We'd be open to discussing how you want to move forward. Per our discussions, the building will remain in the current location due to the extreme grades on the site and the negative impact to the Sprouts eastern building entrance among other impacts. I Sheet 3 — Grading and utility plan: 31. Please provide a legend. This information is now provided. 32. A re lane" label is pointing at the southwest corner of Lot 4 which is proposed to be landscaped. Is this correct? I don't see this fire lane identified on other plan sheets. If this is V correct, please refer to the enclosed comment letter from the Wheat Ridge Fire District and identify the fire lane on sheet two. If this is incorrect, please remove the label. The label actually indicates the fire line for water supply purposes. 33. Please add a note indicating that all utilities will be undergrounded. This is a requirement of the subdivision process per section 26-412. V" Sheets 4, 5, and 6 — Landscape/streetscape: 34. Please show the sight distance triangles at all access points to confirm that plant material does not conflict with the clear zone. The triangle is measured along the base of the curb, and for driveways the legs of the triangle are 15 feet in length; refer to code section 26-603, This information is now provided. I 35. Please widen the parking lot screening along the eastern property line from 3.5 feet to 5 feet in width in compliance with section 33.1 in the Architectural and Site Design Manual (ASDM), I/ This change has been made. The result was a reduction in the north/south parking lot walkway from 9to W. The proposed plant schedule meets the overall requirements and counts for trees, but a few trees may need to be relocated to the Kline street frontage and reorganized in the plant schedule, As you have shown, on-site trees are counted separately from street trees, Where public street trees are not required by the Streetscape Design Manual (along Kline), trees are equired within the building setback but do not need to be planted at 30 feet oft cefiler. PIP,2 RM. Req'd Street (Kipling) I per 35 ft of frontage per SDIVI (minus curb cuts) 10 Street (Kline) 1 per 30 ft of frontage per 26-502 (minus curb cuts) 8 37The proposed spacing of street trees along Kipling and W, 38th Avenue is wider than what is called for in the Streetscape Design Manual but is acceptable based on the species and spread of the trees you have selected. Staff is supportive of the choice of shade trees at a wider spacing in place of ornamentals. Because the plant schedule will indicate fewer proposed trees than what is required please add a note that fewer trees are proposed based on species and spread, Thank you for accepting the design as proposed. The note has been added per you're your request. 38. Sheet 4 indicates that non-organic mulch will be river rock, please update to reflect a minimum of 3 inches in depth over weed barrier. V, The clarification has been made. 39. Please indicate the location of pedestrian lights in the amenity zone along Kipling; these should be located 80 feet on center per the Streetscape Design ManuoL V The COWIR-specified lights are now presented on the plan. To confirm, attached p 4ese find, a the specification sheet for the proposed fixture. y cr 's 40. On sheet 5, please move GLTR and GYDI to a streetscape table. This can be done b e additional table (Plant Schedule Streetscape Lot 4) or by updating the streetscape schedule to accM unt for Lots 2, 3 and 4. This will help to distinguish between streetscape and on-site trees. We moved GLTR and GYDI to a streetscape table labeled Streetscape Lot 4 and added a streetscape table for Lots 41. One of the shade trees (CEOC) in the parking lot islands was unaccounted for on sheet 4. Please label it and update the quantity of Chanticleer Pear trees (CEOC) in the plant schedule to 9. See redline. Thank you for this note. The edit has been made. (2. The total quantity of Red Barberry shrubs (RHAR) is correct in the plant schedule, but they are slightly misallocated on sheet 4. Please modify labels – see redline. V Thank you for this note. The edit has been made. 41 1 counted slightly different quantities for some plant material. In the plant schedule on sheet 5, please update the following quantities to reflect what is shown on sheet 4: a. Anthony Waterer Speria (SPAW) - 9 b. Blue Chip Junipers (JUHO) - 47 c. Feather Reed Grass (CAKF) – 24 The quantities have been revised and confirmed. 44. In the plant schedule on sheet 5, please correct the spelling of Evergreen in the Plant Schedule for Lot 4. The edit has been made. 45. On Sheet 6, please modify the first note to indicate that irrigation will be provided for all streetscape and on-site planting. V/ The edit has been made. Sheet 7 – Photometric: 46. The light fixture schedule indicates that the freestanding parking lot lights (types PS2 and PD2) will have a total fixture height of 25 feet. Please modify to comply with the exterior lighting regulations in sec, 26-503—maximum height for freestanding light fixtures is 18 feet. The fixtures and design have been revised to meet the 26-503 criteria. 40M 47. The photometric plan does not show foot-candle levels along the southwestern property line west of the screen wall. Please provide these measurements to confirm that light does not spill over the property line, V The design has been revised to ow all fnnt %1�lp j ----------- �*&IaALM&ft' 11 48. At select locations along the property boundary, the foot-candle levels are too high (see redline), Please modify fixtures or shielding to reduce the spillover of light and glare. The proper modifications have been made to meet fighting criteria. Sheet 8 — Building Elevations: 49. Please identify the accent materials that are proposed to be painted. The color elevations have been revised to reflect what color is used where and what type of finish is being painted. 50. Please identify the material of the screen wall. The screen wall at the truck dock will be a brick veneer finish over either concrete tilt panel or CMU block wall 51. Please provide additional specifications related to the brick veneer material. The color elevations have been revised to reflect a proposed manufacturer and color for the brick veneer. We have allowed an approved equal for brick to allow substitution if the color matches for cost efficiencies. 52. The building elevations include pilasters, but on the site plan these are not shown as protruding from building face. Please provide the depth of these elements as a response to this letter V and/or an update to the site plan, This will confirm that the fa�acles meet ASDM standard A.2 which requires a one -foot protrusion or change in plane depth. The building footprint plan has been revised to reflect the 1'-0" piers that are shown on the elevations. 53. Please address ASDM standard 4.1-13.4 which requires a one -foot tall change in material for every 12 feet in wall height. It may be possible to fulfill this requirement by expanding the width of the belt course. The color elevations have been revised to reflect the 12" minimum accent bands on the exterior walls per ASDIVI Standard 4.1-8.4. 54. In order to determine compliance with ASDM standard 4.1-C.4, I will need additional information regarding the proposed windows, Please provide specifications on the type of windows and display graphics. For example, are these transparent windows or glass display cases? Are the graphics proposed to change? The mural windows are typical storefront window systems with a vinyl mural graphic on the exterior face. This is a faux storefront over the building fa;ade wall with spandrel glazing to blacken the void between the storefront and the wall, The mural graphic does not change, it is simply a farm scene used to convey a farm fresh product. 55. The western elevation is adjacent to a public street, and therefore is also subject to transparency requirements, Given the layout of the site and the need for loading areas, staff recognizes it is not possible to provide ground level windows. Would it be possible to provide clearstory windows in order to vary this fa�acfe and help meet the intent of this requirement? We are unable to provide clerestory windows on the West Elevation because this is the wall of the store where the Meat Cooler, the Meat Prep Cooler and the Deli Prep would be located and the requested windows would conflict with these interior departments. 57. Please confirm the location of trash enclosures, There are no trash enclosures for Sprouts because they uze a fully enclosed self-contained compactor for all trash generated in the store. The compactor is located in the truck dock that is screened by the screen wall. 58. Placeholders for wall signs are shown on the building elevations; please note that signage will approved separately. Wall signs will be permitted on east, west, and north facades at a ratio 6 I one square foot per linear foot of the wall. The south elevation shows a placeholder for a sign; this fa�ade is not eligible for a wall sign. it is understood that signage will be reviewed and approved separately from this application. The signage proposed on the south elevation has been removed. 11 ili!!qqlg�gffl IF 11111 1 Wheat Ridele Public Works: See dated March 13, 2014. A memo from Mark Westberg regarding the traffic study will be sent separately by COB March 13, 2014. Wheat Ridge Brooks dated March 11, 2014. Consolidated AI March 3, 2014. Wvorado anortmen �T t O' dated March 3, 2014. 1 - ii 11 1 ence wifn mma'afffm dated March 5-6, 2014, i TMIAIM' 7-fl!T1—e7MZMmenF. , P development complies with urban renewal plan, I Regional Transportation District: No comments receivell Wh r Thank you for your consideration of this submittal. We appreciate your effort toward final approval of this project. If you have questions or need further information, please contact me at 303-573-6500 or hmcneish@mvgdev.com, Sincerely MVG I Development H McNeish Arp• Q! "IIi�kYll�i�'d ., ::• . Fixture ... �,BLACK ., POLE SPECIFICATIONS: POLE BY MOUNTAIN STATES LIGHTING Outside Diameter Pote with Anchor.cover Watt 22, MINIMUM ., - Minimum + In «0 MPH zone FINISH, BLACK PAINTED 1.1 4 Dolts at 90 Degrees 3/4' Dia x IB' Lonx 3' Hoak Bolts to have a 35' projection out of the concrete. titer' ZANCHOR MBASE DETAIL t 8' XLT CIRCLE 7/B' x I' HOLES TO ACCOMODATE 24' TO 3/4' DIA KLT REVMM Custoner dedded Wack color on I -I2 -I2 6 4dded GII PA Box 449 ,y i W433 MOUNTAIN ri 8 Fox 801-605-9058 Lauren Mikulak From: H McNeish <hmcneish@mvgdev.com> Sent: Friday, March 21, 2014 11:09 AM To: Lauren Mikulak Subject: RE- Sprouts - Wheat Ridge, CO Planning Comments Understandable, We will submit to meet criteria and discuss with the 2nd review. Thanks Lauren. H I H McNeish MVG I Development I A I I V�IE22= From: Lauren Mikulak Sent: Friday, March 21, 201411:05 AM To: H McNeish Subject: RE: Sprouts - Wheat Ridge, CO Planning Comments I'll certainly review these impacts so we can discuss, but I don't think I'll be able to took at this in detail today. Can I provide comments as part of the second review? Lauren E. Mikulak, AICA Planner 11 Office Phone: 303-235-2845 From: H McNeish LmAi&-.,hmcntishPmvgdev.com) Sent: Thursday, March 20, 2014 7:20 PM To: Lauren Mikulak Subject: FW: Sprouts - Wheat Ridge, CO Planning Comments Hi Lauren - I thought the message below is worth sharing and discussing. I am having our guys look into the cost, but it's a measurable difference to double the poles and fixtures when we comply with the 18' max heigh"O"" look foreward to your thoughts. H H McNeish MVG I Development 0 1303.573.6500 x.5123 M 1 301748 9923 From: Trish FlowerLm-AiLlto*Trish.Flower@fitch.com) Sent: Thursday, March 20, 2014 7:14 PM To: H McNeish Cc: Chad Wheeler (wheeler dimension r ,comif tklein tckdesi nand tannin .corn Subject: FW: Sprouts - Wheat Ridge, CO Planning Comments H, The electrical engineer has laid out the parking lot lights using the LED light fixtures and it seems to have addressed the concern with the dark spots encountered with the metal halide, Unfortunately the LED requires quite a bit more poles (20 instead of 9) and fixtures (38 instead of 16). This is definitely an increase to your budget, The cost difference from Metal Halide to LED if closing the gap, but LED is still more money. The major benefit to LED is the uniformity, but it does require more light poles and light pole bases. 9 If there was a way for the City to allow higher poles or the energy coo e to allow more wall$ we we pluvou be OK with the Metal Halide, but the restrictions imposed keep its short of the goal. Please review and let m know which way you want to go, Thanks. Trish FITCH From: Kelly Hyde H de@[m ilALto.Kelly he's -en _com] _y_g_ Sent: Thursday, March 20, 2014 5:48 PM To: Trish Flower Cc: Jim Kay; Shaun McDonald; Date Zapata; Chris Kelsey Subject: RE: Sprouts - Wheat Ridge, CO Planning Comments Trish, Please find the attached files. I was afraid the combination of Led with the 18' max would be quite a bit more poles and that seems to be the case. Let me know your thoughts. KELLY HYDE LEEDAP BD+C Henderson Engineers, Inc. I Bectricat Designer DIR 602 336 5231 TEL 602 336 5200 FAx 602 336 5201 TX ID F-001236 EMAIL kelly,hyde@hei-eng,com MnMy.h&i-en corn HEI is BIM / Revit Proficient TRISH FLOWER ASSN? 1> DIRECTOR, ARCHITECTURE P1 PER] 16435 North Scottsdaie Road Suite 1051 Scottsdale, Arizona 185254 1 USA D 480-998-4200 F 480-998-7223 M F07100 The inforrna6on transrnitted Ss intended m'0y for the pc',,rson, or onfity to whic,'n it i,",' addressed and rnay ccrltaconfidc,,nitcel ard/ol pr0iogod rnatorial, Any roview, dissennHiatt ,n or 0',,or use of, or tak4-ig of any ac"flon itj jc,ac apon, this mformation by persons or tai other than the is prc�hibited, it you receiw,: this $n error, please contac� the sender and deIete the nriaterial fra.m any cornputer. Any views or opinions presented arf� sciely those of the author e and do rot necessarry represerit those of FITCH, N 1 V City of ' hd. COMMUNrry DEVELOPMENT City cif'Wheat Ridge Municipal Building 7500 W. 2 `h ve. Wheat Ridge, Coil 80033-8001 P. 303.235.3R4t� I~: 3012352 57 March 12, 2014 Mr. H McNeish 1509 York Street, 3"d Floor Denver, CO 80206 Re: MS -14-01 and WSP-14- 1 / 38"' and Kipling-- I" Review Dear Mr. McNeish. This letter is in regard to your application for approval of a subdivision and site plan for property atoned Commercial -One (C- l) and located at the southwest corner of W. 38`x' Avenue and Kipling Street. I have reviewed the first submittal and have the following comments. Please also refer to the enclosed redlined copies of the submittal sheets. Subdivision flat :doth sheets. 1. On both sheets please correct the title of the document as follows; a. The second lure should read, "A PARCEL SITi ATET)..." b.. The third line should read, "...RANGE 69 WEST..." c. The fourth line should read,"... COUNTY OF JEFFERSON..." 2. On both sheets, please increase margin on right side of pages to V2, -inch. ('This may have been a printing issue, not a layout issue --my only concern is that the final niylar has correct margins to be acceptable to the County). 3. On both sheets, in the case history box, please replace the years with the following case numbers: M-14-01 and WSP-14-01. Sheet I -,. Cover page: 4. Under the owner signature line, please indicate the name and title ofthe person who will be signing the plat on behalf of the owner/MV. 5. On the vicinity reap, please show additional streets particularly Kline, Lee, and W. 37"' Place whish front the property, If necessary, this map can be a lamer scale (zoomed in).. 6. In the city certification, please add a fourth line so that the City Clerk and Mayor have separate signature lines. . It appears that a cross access easement will blanket the entire property. I also assume there will be shared parking among the four lots. If so please modify the note to read as follows: The owner of Lots 1, 2, 3, and 4 ofMVG Marketplace Subdivision Filing No. 1, his successors, and assigns grants limited rights and privileges of access to and free movernent through the curb cuts, parking areas, and drive aisles of Lots 1, 2, 3, and 4 ofMVG Marketplace Subdivision Filing No. I . Such Fant of easement shall be limited to the owners, tenants, customers, and guests of the owners, and shall furthermore grant access to and free movement through the property to those entering the property from abutting public streets and between Lots 1, 2, 3, and 4 of MVG Marketplace Subdivision Filing No. I. Sheet 2 – Graphic plat: 8. Please add a legend and include the various line weights, point symbols, and hatch patterns. 9. Regarding the identification and zoning of neighboring parcels please make the following corrections (see redline): a. Valley Vista lots are zoned R-3. b. Eller Subdivision should be Lot I -A. c. Please remove the label "Park City" and identify as Lot I (this is part of 38'11 and Kipling Park Sub). d. Please remove the "Zoned CI"" label from 38"' Avenue. e. Wheat Ridge Dental Group lots are zoned PCD. f. Please remove the label "Unplatted City" and identify as Tract A (this is part of Wheat Ridge Dental Group). 10. Please label Kline Street. 11. For Lot 1, please add a hyphen to the zoning, so it reads C- I and matches the other lots. 12. Please remove the ± symbols frorn the size calculations (sf and acre) of the four lots. 13. Please add the newly assigned addresses for each lot: a. Lot] --10100W.38"'Avenue b. Lot 2 -- 10040 W. 38"' Avenue c. Lot 3 – 3795 Kipling d. Lot 4-3725Kipling 14. After reviewing the right-of-way reservation policy, staff has determined that a reservation cannot be requested on this property. Please remove the future right-of-way line, label, and any associated dimensions from the graphic portion of the sheet. Please also remove note 7 in its entirety. Site Plan All sheets: 15. On pages 1-7, please correct the title of the document as follows: a. 'The third line should read, "...RANGE 69 WEST—" b. The fourth line should read, "...COUNTY OF JEFFERSON..." Sheet I – Cover page: 16. In the legal description, please modify line two to read "...in the Jefferson County. 17. Please correct the basis of bearing statement which appears to reference a Stapleton project. 18. Under the owner signature line, please indicate the name and title of the person who will be signing the plat on behalf of the owner. th 19. On the vicinity map, please show additional streets particularly Kline, Lee, and W. 37 Place which front the property. If necessary, this map can be a larger scale (zoomed in). 20. Please add the newly assigned addresses to the site data table: a. Lot I --10100 . 38"' Avenue K Lot 2 –10040 W, 38'h Avenue c. Lot 3 – 3795 Kipling d. Lot 4 –.3725 Kipling N 21. Please add a case history box and the following case numbers: MS -14-01 and WSP-14-01. 22. Parking requirements are a calculation of floor area and exclude areas such as restrooms, mechanical rooms, hallways, and common areas. In the absence of detailed calculations, required parking is based on 90% of the gross floor area (in this case 24,352 square feet). Please modify the parking table as shown below; cart corrals are removed from this total. Total Lot 4 Parking Required: 122 (1 space/200sf based on 90% (24,352 sf) floor area) Total Lot 4 Parking Provided: 128 standard spaces 5 accessible spaces Sheet 2 — Site plan: 23. Please update the parking stall counts by excluding the stalls with cart corrals. 24. Please provide a legend identifying the different line weights. 25. Please widen the parking lot screening along the eastern property line from 3,5 feet to 5 feet in width in compliance with section 3.7.1 in the Architectural and Site Design Manual (ASDM). 26. Please indicate the proposed curb cut locations on Lots 2 and 3 to confirm they will not conflict with overall circulation. 27. Please identify the location of bicycle parking on Lot 4. Per code section 26-501.E.4, the minimum required number of spaces is 6. Each inverted U type bicycle rack counts as 2 spaces. Please add the total provided to the cover sheet. 28. To improve pedestrian connectivity and to minimize conflict please show sidewalk extensions in the following locations (see redline): a. Between Kipling and file Sprouts building on the south side of the entry drive. b. From W. 37"' and Kline to the Sprouts building. c. Along the north -south interior drive, wrapping the southern property lines of Lots 2 and 3 and connecting to the interior sidewalk in the parking lot via striped crossing. 29. The site plan shows monument signs on Lot 2 and Lot 4. If these are intended to be multi - tenant signs and/or for Sprouts, a master sign plan will be required. This document will allow the proposed signs which would otherwise be considered off -premise and not permitted (particularly in the case of the Lot 2 sign). Enclosed is all informational handout and example. Master sign plans are approved by Planning Commission and recorded with the County; I think have it reviewed by Planning Commission at the same public hearing as the plat. 30. As noted in comment #14, the right-ol"way reservation is no longer required. This means that the building would need to be shifted about 15 feet to the east to meet the build -to requirement of the ASDM. I am aware that this contradicts information we had previously provided and could affect the site and drainage plans. We'd be open to discussing how you want to move forward. Sheet 3 — Grading and utility plan: 31. Please provide a legend. 32. A "fire lane" label is pointing at the southwest comer of Lot 4 which is proposed to be landscaped. Is this correct? I don't see this fire lane identified on other plan sheets. If this is correct, please refer to the enclosed comment letter from the Wheat Ridge Fire District and identify the fire lane on sheet two. If this is incorrect, please rernove the label. 3 33. Please add a note indicating that all utilities will be undergrounded. This is a requirement of the subdivision process per section 26-412. Sheets 4, 5, and 6 — Landscape/streetscape: 34. Please show the sight distance triangles at all access points to confirm that plant material does not conflict with the clear zone. The triangle is measured along the base of the curb, and for driveways the legs of the triangle are 15 feet in length; refer to code section 26-603. 35. Please widen the parking lot screening along the eastern property line from 3.5 feet to 5 feet in width in compliance with section 3.7.1 in the Architectural and Site Design Manual (ASDM). 36. The proposed plant schedule meets the overall requirements and counts for trees, but a few trees may need to be relocated to the Kline street frontage and reorganized in the plant schedule. As you have shown, on-site trees are counted separately from street trees. Where public street trees are not required by the Streets cape Design Manual (along Kline), trees are required within tile building setback but do not need to be planted at 30 feet on center. Please update the required/provided counts accordingly in the plant schedule. Req' Street (Kipling) I per 35 ft of frontage per SDM (minus curb cuts) 10 Street (Kline) I per 30 ft of frontage per 26-502 (minus curb cuts) 8 37, The proposed spacing of street trees along Kipling and W. 38"' Avenue is wider than what is called for in the Streetscape Design kftams al but is acceptable based on tile species and spread of the trees you have selected. Staff is supportive of the choice of shade trees at a wider spacing in place of ornamentals. Because the plant schedule will indicate fewer proposed trees than what is required please add a note that fewer trees are proposed based on species and spread. 38. Sheet 4 indicates that non-organic mulch will be river rock-, please update to reflect a minimum of 3 inches in depth over weed barrier. 39. Please indicate the location of pedestrian lights in the amenity zone along Kipling; these should be located 80 feet on center per the Streetscalm Design ManuaL 40. On sheet 5, please move GLTR and GYDI to a streetscape table. This can be done by creating an additional table (Plant Schedule Streetscape Lot 4) or by updating the strectscape schedule to account for Lots 2, 3 and 4. This will help to distinguish between streets ape and on-site trees. 41. One of the shade trees (CEOQ in the parking lot islands was unaccounted for on sheet 4. Please label it and update the quantity of Chanticleer Pear trees (CEOC) in the plant schedule to 9. See redline. 41 The total quantity of Red Barberry shrubs (RHAR) is correct in the plant schedule, but they are slightly misallocated on sheet 4. Please modify labels -- see redline. 43. 1 counted slightly different quantities for some plant material. In the plant schedule on sheet 5, please update the fallowing; quantities to reflect what is shown on sheet 4: a. Anthony Waterer Speria (SPAW) - 9 b. Blue Chip Junipers (JUHO) - 47 c. Feather Reed Grass (CAKE) - 24 Is 44. In the plant schedule on sheet 5, please correct the spelling of Evergreen in the Plant Schedule for Lot 4. 45. On Sheet 6, please modify the first note to indicate that irrigation will be provided for all streetscape and on-site planting. Sheet 7 – Photometric: 46. The light fixture schedule indicates that the freestanding parking lot lights (types PS2 and PD2) will have a total fixture height of 25 tect. Please modify to comply with the exterior lighting regulations in sec. 26-03—maximumheight for freestanding light fixtures is 18 feet. 47, The Photometric plan does not show foot-candle levels along the southwestern property line west of the screen wall. Please provide these measurements to confirm that light does not spill over the property line. 48. At select locations along the property boundary, the foot-candle levels are too high (see redline). Please modify fixtures or shielding to reduce the, spillover of light and glare. Sheet 8 – Building Elevations: 49. Please identify the accent materials that are proposed to be painted. 50. Please identify the material of the screen wall. 51. Please provide additional specifications related to the brick veneer material. 52. The building elevations include pilasters, but on the site plan these are not shown as protruding from building face. Please provide the depth of these elements as a response to this letter and/or an update to the site plan. This will confirm, that the fa tides meet ASDM standard 4.1-A.2 which requires a one-fbot protrusion or change in plane depth. 53. Please address ASDM standard 4.1-13.4 which requires a one -foot tall change in material for every 12 feet in wall height. It may be possible to fulfill this requirement by expanding the width of the belt course. 54. In order to determine compliance with ASDM standard 4.1 -CA, I will need additional information regarding the proposed windows. Please provide specifications on the type of windows and display graphics. For example, are these transparent windows or glass display cases? Are the graphics proposed to change? 55. The western elevation is adjacent to a public street, and therefore is also subject to transparency requirements. Given the layout of the site and the need for loading areas, staff recognizes it is not possible to provide ground level windows. Would it be possible to provide clearstory windows in order to vary this facade and help meet the intent of this requirement',' 56. Please confirm that any rooftop equipment will be screened from gi-ound-level view by the parapet walls. 57. Please confirin the location of trash enclosures. 58. Placeholders for wall signs are shown on, the building elevations; please note that signage will be approved separately. Wall signs will be permitted on east, west, and north facades at a ratio of one square foot per linear foot of the wall. The south elevation shows a placeholder for a sign; this fagade is not eligible for a wall sign. 9 The application was also sent on referral to other city departments and outside agencies. Attached are the comments that were received. Wheat Ridge Public Works: See attached comments and redlines from Dave Brossman dated March 13, 2014. A rnerno frorn Mark Westberg regarding the traffic study will be sent separately by COB March 13, 2014. 117heat Ridge Fire Dharict. See attached comments and site planning guide from Kelly Brooks dated March 11, 2014. Consolidated Alutual ffater District: See attached comments from Andy Rogers dated March 3, 2014. Colorado Department of Transportation: See attached comments from Bradley Sheehan dated March 3. 2014. Xcel Energy: See attached core anents from Donna George dated March 10, 2014. lVestridge Sanitation District. See attached ernail correspondence with Kim Dahlin dated March 5-6, 2014. Wheat Urban Renewal A uthoritj, /Economic Development. No concerns, proposed development complies with urban renewal plan. Wheat Ridge Foresftj, Division: No concerns. Regional Transportation District: No comments received. Cennna= Link: No comments received. Coincast Cable: No comments received. Wheat Ridge Police Department. No comments received. it Ridge Building Division: No comments received. This concludes the summary of comments. For the next review, please provide a response to this letter and resubmit plans in the following fonnats: • One (1) full-size hard copy of the site plan and plat • Digital files of the site plan and plat (Adobe pdf) • Digital file of the plat (AutoCAD 2010 dwg) The master schedule for this project is targeting Thursday, April 17 for a Planning Commission public hearing and Monday, May 12 for a City Council public hearing. To allow a second review prior to publishing for the hearing date a resubmittal will be due by Tuesday, March 25. We also have the option of scheduling the Planning Commission hearing for May I without impacting the City Council date. 2 This plan is laying the foundation for a successful Project, and l am excited to be working with you and your team. If you have any questions or need further clarification, please feel free to contact ane directly at 303-235-2845, Sincerely, Lauren E. Mikula,k, AICD' Manner Il CC" Casefiles (IS -14-01 and it SP -14-01) Ken Johnstone, Coniniunitv Development Director E, nclo.vures. Comment leth"r°:s Redlines (Community Development) Redlines (-lublic Works) Alca.ster sign plan igj6rniation 7 ;� City of Wheat , dgc COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: February 24, 2014 Response Due: March 11, 2014 The Wheat Ridge Community Development Department has received a request for approval of a subdivision plat and site plan for redevelopment of property located at the southwest corner of Kipling and W. 38th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling Request: The subject property is comprised of four parcels at the southwest corner of 38th and Kipling: 10050 W. 38th Avenue, 10101 W. 38th Avenue. 3785 Kipling Street, and 3795 Kipling Street (see vicinity map on page 2). The entire site is 6.3 acres in size and is zoned Commercial - One (C-1). The applicant is proposing to resubdivide the property to establish four development lots. The applicant is also proposing a site plan for development on Lot 4 (the southeast portion of the site) which is 2.47 acres in size. The new development would include construction of a new 27,000 -square foot building for a Sprouts Farmers Market. A surface parking area is proposed on the north half of the lot. The applicant is serving as the master developer for the entire 6.3 -acre property, and as such the site plan application includes streetscape, utility, and grading information for all four lots. The site plan package includes specific development details for the Sprouts on Lot 4. Site plan information for Lots 1, 2, and 3 will be referred to you under separate cover in the future. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Lauren Mikulak, Planner II Phone: 303.235.2845 Email:lmikulak@ci.wheatridge.co.us Fax: 303.235.2845 DISTRIBUTION: Consolidated Mutual Water District Westridge Sanitation District Wheat Ridge Fire District Xcel Energy Century Link Comcast Cable Colorado Department of Transportation Regional Transportation District Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Economic Development Wheat Ridge Urban Renewal Authority Vicinity Map The 6.3 -acre site is outlined in blue in the image below. f Y / N CCCONSOLIDATED mutual water lift 'de March 3, 2014 City of Wheat Ridge Community Development Ms. Lauren Mikulak 7500 West 29#" Avenue Wheat Ridge, Colorado 80033 Re: Case No. MS -14-01 & WSP-14-0f —Southwest Cerner of West 38th Avenue Kipling Street (10050 West 38th Avenue, 10101 West 38th Avenue, 3785 Kipling Street, and 3795 Kipling Street] Dear Ms Mikulak: This will acknowledge receipt of your correspondence dated February 24, 2014, regarding the above referenced properties. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company. Domestic water service may be provided ,to this property subject to compliance with the Company's rules, regulations and requirements for such service: Cour records indicate that the property addressed as 3785 Kipling Street is currently receiving domestic water from the Company through a 1 -inch meter(CMCo Tap Dumber 118321Ac ount Number 01107901-01) and 3795 Kipling Street through a W, meter (CMWCo Tap Number 1341/Account Number 01107893-01.) Domestic water service may continue to be provided to these properties subject to compliance with the Company's rules, regulations and requirements for such service. The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a remodel or building addition as a "change of use." The Company's rules, regulations, and requirements further state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main: THE CONSOLIDATED MUTUAL WATER COMpANy 12700 West 27th Aventae * PO. Box 150068 * Lakewood, Colorado 8021 "Telephone (303)238-0451 * Fax (303)237-5560 City of Wheat Ridge Community Development Ms, Lauren Mikulak March 3, 2014 Page 2 of 2 Fire protection requirements should be obtained from Wheat Ridge Fire Protection District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can thea determine if additional system improvements would be required to meet the demands set forth by the Fire District, If you should have any questions or comments regarding this correspondence, Tease contact this office. Sincerely, T11111 Andy Rog rs Project Engineer cc: Kelly Brooks, Fire Marshall, Wheat Ridge Fire District Michael E. Queen, CMWCo President Zach Queen, CMWCo Superintendent of Distribution Kim Medina, CMWCe Tap Administrator XcelEnergysm PUBLIC SERVICE COMPANY March 10, 2014 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Lauren Mikulak Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3660 donna.l.george@xcelenergy.com Re: 38th and Kipling (Sprouts), Case #s MS -14-01 and WSP-14-01 Public Service Company of Colorado (PSCo) has reviewed the plans for 38th and Kipling (Sprouts). Please be aware PSCo owns and operates existing electric distribution facilities throughout the proposed project area, including the area along Kline Street where trees are planned near existing overhead electric lines. PSCo requires a minimum ten -foot (10') radial clearance from all overhead facilities. Public Service Company's "Guidelines for Planting In or Near Rights -of -Way and Utility Facilities" are attached for review. The property owner/developer/contractor must contact the Builder's Call Line at 1-800- 628-2121 and complete the application process for any new natural gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. The range listed on the plat and plan set is incorrect at "67" west and should be "69" west. As a safety precaution. PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Sincerely, Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Xcel Energy- PUBLIC SERVICE COMPANY Guidelines for Planting In or Near Rights -of -Way and Utility Facilities (Including Approved Species List) OVERHEAD TRANSMISSION & DISTRIBUTION LINES • Trees growing taller than 20 feet should not be planted within transmission line rights-of-way. • Trees growing taller than 20 feet should not be planted within distribution line rights-of-way. However, they may be planted at least 20 feet (horizontally) from overhead electric distribution lines. • Trees with a maximum mature height of less than 20 feet may be planted beneath overhead electric transmission and distribution lines except when near structures. Please see list of compatible tree species listed below. OVERHEAD TRANSMISSION & DISTRIBUTION LINE STRUCTURES • Trees should be planted at least 15 feet from transmission and distribution poles and structures. • Shrubs, ground covers, and flowerbeds can be planted up to the base of poles and structures. However, plant material may be destroyed during groundline inspection of wood structures for underground decay. Damaged or destroyed plant material will not be replaced. UNDERGROUND ELECTRIC OR GAS LINES • Avoid placement of shrubs and trees over underground facilities and in front of the access doors of pad - mounted underground equipment. This will help avoid having to move and possibly destroy plants during maintenance and repair operations. Damaged or destroyed plant material will not be replaced. • If planting above underground facilities cannot be avoided, plant materials with roots that extend less than 18 inches below grade at maturity should be used. • Please call UNCC for locates before you diq! (800) 922-1987. The following tree and shrub species have been approved by PSCo's Vegetation Management Department for planting near overhead lines: DECIDUOUS Adams Flowering Crabapple Amur Maple Assorted Fruit Trees Autumn Brilliance Serviceberry Camperdown Elm Canada Red Cherry Centurion Flowering Crabapple Cockspur Thornless Hawthorn Cumulus Serviceberry European Mountain Ash Goldenrain tree Nannyberry Newport Plum Princess Kay Plum Radiant Flowering Crabapple Robin Hill Serviceberry Rocky Mountain Birch Spring Snow Flowering Crabapple Toba Hawthorne Washington Hawthorne EVERGREENS Dwarf Austrian Pine Fat Albert Blue Spruce Mugo Pine Pinon Pine Malus 'Adams' Acer ginnala Apple, Sour Cherry, Peach, Plum Amelanchier grandiflora ulmus glabra'Camperdownii' Prunus virginiana'Shubert' Malus 'Centurion' Crataegus crus-gaNi inermis Amelanchier laevis 'Cumulus' Sorbus aucuparia Koelreuteria paniculata Viburnum lentago Prunus x cerasifera'Newport' Prunus nigra'Princess Kay' Malus 'Radiant' Amelanchier x grandiflora'Robin Hill' Betula fontinalis Malus'Spring Snow' Crataegus x mordenensis 'Toba' Crataegus phaenopyrum cordatum Pinus nigra'Hornbrookiania' Picea glauca a/bertiana conica Pinus mugo Pinus edulis For additional information contact PSCo's Vegetation Management Department: (303) 628-2706 [VER: 09/121 Lauren Mikulak From: Lauren Mikulak Sent: Thursday, March 06, 2014 11:19 AM To: 'KimDahlin' Cc: Mike Hager Subject: RE: Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling I will forward this data request as part of your comments when the referral period ends on March 11, so I won't expect to have any information back from the applicant before or during the closure of the district office. Thank you, Lauren E. Mikulak, AICP Planner II Office Phone: 303-235-2845 From: KimDahlin [mailto: kdahlinCcbwestridgesan.comcastbiz.net] Sent: Thursday, March 06, 2014 10:04 AM To: Lauren Mikulak Cc: Mike Hager Subject: FW: Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling Lauren— Our Operator in Responsible Charge, Mike Hager with RG and Associates (cell 303-901-4553) has sent me the following response. The District Office will be closed March 7-11. Perhaps you or the Developer can furnish him with this information directly, and copy me. Thank you. Kim Dahlin Westridge Sanitation District From: Mike Hager[mailto:MikeHCabrgengineers.com] Sent: Thursday, March 06, 2014 8:54 AM To: KimDahlin Subject: RE: Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling Just a site plan was with the referral package. We would need the proposed uses, as well as supporting data for water usage from other Sprouts stores of similar size and use. From: KimDahlin [maiIto: kdahlin 01westridgesan.comcastbiz.net] Sent: Thursday, March 06, 2014 8:21 AM To: Mike Hager Subject: FW: Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling Hi Mike— Were there plans attached to the Development Review request that would enable you to review water tap size and usage so we can respond to Lauren? Thanks. --Kim From: Lauren Mikulak [ma iIto: Imikulak(�bci.wheatridge.co. us] Sent: Wednesday, March 05, 2014 1:54 PM To: KimDahlin Subject: RE: Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling Kim, Your comments indicate that capacity will be evaluated for each proposed use. Can you confirm that there is capacity for the proposed Sprouts? Thank you, Lauren E. Mikulak, AICP Planner II Office Phone: 303-235-2845 From: KimDahlin [mailto•kdahIin(d)westridgesan comcastbiz net] Sent: Wednesday, March 05, 2014 9:17 AM To: Lauren Mikulak Cc: Mike Hager Subject: Case No.: MS -14-01 and WSP-14-01 / 38th and Kipling Dear Ms. Mikulak: Regarding the above case, the Westridge Sanitation District has the following comments: Before structure demolition, all existing sanitary sewer service lines will need to be capped. The District must be notified prior to capping so the District's representative may be present to observe and insure no debris is introduced into the system. There will be a observation fee payable to the District. For each new proposed building, the District will review the planned use, water tap size and estimated water usage, information on all food preparation facilities, proposed grease traps and sizes/cleaning schedules, etc. The Westridge Sanitation District will evaluate all proposed user flows to determine if the system has the capacity for the planned use. If it is determined our collection system does not have adequate capacity to serve the new project(s), line upsizing may be required at the expense of the developer. In addition, after water tap size/usage is determined, additional sanitary sewer tap fees may be required. If you have any questions, please note that office hours are 8 a.m. — noon, and that the office will be closed March 7, 10 and 11, 2014. During that time you may contact the District's Operator in Responsible Charge, Mike Hager of RG and Associates, directly at 303-901-4553. Thank you. Kim Dahlin Office Manager Westridge Sanitation District Phone 303-424-9467 / Fax 303-424-2628 kdahlin(j�westridgesan.comcastbiz.net Lauren Mikulak From: Margaret Paget Sent: Monday, March 10, 2014 7:48 AM To: Lauren Mikulak Cc: Meredith Reckert Subject: RE: Referral :: MS -14-01 and WSP-14-01 TT -F , ape plays into this along Kipling perhaps — but there might be line of sight issues and planting anything of height or substance (tree) in CDOT ROW may be frowned on or prohibited ... along 38th unsure if this is what applies main arterial? No major objections at this point. Margaret Paget Forestry and Open Space Supemisor Office Phone: 303-205-7554 (AN, rel at F� �fc""Jlty AL7 From: Lauren Mikulak Sent: Tuesday, February 25, 2014 8:59 AM To: Margaret Paget Subject: Referral :: MS -14-01 and WP -14-01 Dear Margaret, The Wheat Ridge Community Development Department has received a request for approval of a subdivision plat and site plan at the southwest corner of W. 38 Avenue and Kipling Street (Case Nos, M>-14-01 and WSP-1 4-01). Please download the application documents from the City drive; the file name is "38th and Kipling":Y�\�Comm�unit Develooment\ Land Use Case Referral Comments are due by March 11, 2014; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions, Lauren Mikulak Planner 11 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2845 Fax- 303-234-2857 ww Lheat w.cwridge.co.us Ofs" cA, c W CONFIDIENTIALITYNOTICE This c -mail c(,riitaiiisbtisititss-confidentiaI inknmation, It is intended only fia- the use of the individual or eel t} named above, If yo arc not the intended reirlient, you are notified that any disclosme, copying, distribution, clecmmlic storage or use of this communication is pi-ohibiuM. If you received this communication in cnxm', please noti(y us immediately by c-inail, attaching the original message, and delete tile Ocigillat Message fimm your computer, and any network- to which your computer is connected, Thank you, R Lauren Mikulak From: KimDahlinekdahlinwestridgesan.comcastbiz.net> Sent: Wednesday, March 05, 2014 9:17 A To: Lauren Mikulak Cc: Mike Hager Subject: Case No.; MS -14-01 and WSP-14-01 / 38th and Kipling Gear Ms. Mikulak: Regarding the above case, the Westridge Sanitation District has the following comments: Before structure demolition, all existing sanitary sewer service lines will need to be capped. The District must be notified prior to capping so the District's representative may be present to observe and insure no debris is introduced into the system. There will be a observation fee payable to the District. For each new proposed building, the District will review the planned use, water tap size and estimated water usage, information on all food preparation facilities, proposed grease traps and sizes/cleaning schedules, etc. The Westridge Sanitation District will evaluate all proposed user flows to determine if the system has the capacity for the planned use. if it is determined our collection system does not have adequate capacity to serve the new projects), line upsizing may be required at the expense of the developer. in addition, after water tap size/usage is determined, additional sanitary sewer tap fees may be required. if you have any questions, please note that office hours are 8 a.m. — noon, and that the office will be closed March 7, 10 and 11, 2014. During that time you may contact the District's Operator in Responsible Charge, Mike Hager of RG and Associates, directly at 303-901-4553. Thank you. Kim Dahlin Office Manager Westridge Sanitation District Phone 303-424-9467 t Fax 303-424-2628 kdahlint westridoesan.comcastbiz.net 1 Lauren Mulak From: Steve Art Sent: Wednesday, February 2, 20114 8:43 AM To: Lauren Mikulak Subject: MS -14-01 AND WSP-1401 The URA board met last night and determined the above referenced case does NOT conflict with the 170/Kipling Corridors Urban Renewal Plan ... proceed ahead Steve Art rxmwmic I)eVelopimm & Ueboft ' ; WWil Kftavr Direct, 303.235*" f Cell-, 720-454-9040 303.225-240 7500 W, 291b Avenue Ridge, " l r t City ext ']��Whciatt� Arm" CONFIDENTIALITY NOTICE This e-mail contains business confidential information, It is intended only for the use of the individual or entity named above. Ifyou ars not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in crrrm ple tse notify us immediately by e-mail, attaching the original message, and dcic to the original message from your Computer, and any network to which your computer is connecteAl Thank you. ---- STATE OF COLORAD DEPARTMENT OF TRANSPORTATION A. Access/Utilities Permits Roadside Advertising r*'fA1tT1*XT tw 2000 South Holly Street Denver, Colorado 80222 303-5124272 FAX 303-757-9886 City Of Wheat Ridge Lauren Mikulak 7500 West 29"' Avenue Wheat Ridge, Colorado 80033 Dear Lauren: RE.- MS -14-01 AND WSP-14-01 MVG MARKETPLACE SW QUADRANT OF WHEAT 38"" AVENUE AND KIPLING STREET SH 391 CITY OF WHEAT RIDGE Thank you for referring the proposal for our review, The development proposal shows requests for a full movement and a three quarter access with 2 access closures. We have, no objection to the full movement access request at the southern portion of the site. The turn lane for the access for north bound traffic is constructed. CDOT will require the most northerly three quarter access request to be restricted to a right in right out due to its proximity to the West 38"' Avenue left turn lane. The applicant wished to discuss the potential for waiving south bound right turn lanes. It is apparent that the two accesses will require the turn lanes according to standards noted in the access code. CDOT would not support the request. Please note that to obtain pennission to construct, modify or close a vehicular access, where such work will be within state highway right-of-way, a state highway Access Pennit is required. Please visit our website at dffview or obtain the application through this office. In addition, to obtain permission to construct utilities or landscaping within state highway right-of-way, a Utility/Special Use Pennit is required. Please visit our website at lift p-,//www-d0t.state,co.u.s/Uilit-__ ty — Pro&rarnfProccssclrn, or obtain the application through this office. If you have any questions, please contact me at 303-521-4271, Sincerely, Bradley T. Sheehan P.E. Access Engineer CC RI: File (SH 391) Page 1 of I WHEAT RIDGE FIRE PROTECTION DISTRICT 3990 Upham Street Wheat Ridge, Colorado 80033 * ph.303.403.5900 * www.wrfire.org 0 zm� �11 Lauren Mikulak City of Wheat Ridge Community Development 7500 West 29h Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: MS -14-01 and WSP-14-01 / 38th and Kipling The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has the following comments regarding our ability to serve this property: 1, Refer to the attached Commercial Site Planning Guide for an overview of Fire District requirements and considerations during the site planning process. For complete requirements, reference the 2006 International Fire Code and adopted City of Wheat Ridge amendments. 2. No water supply information provided, Additional fire hydrants may be required. The applicant shall verify whether existing fire hydrants available to the properties meet or exceed the fire flow requirements for both location and distribution based on the 2006 IFC Appendix B and C for the proposed building types, sizes and locations and in relation to FDC placement. If additional fire hydrant(s) are required, they shall be installed and operational prior to above -ground construction. IFC 1412.1 An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 3. Ensure access infrastructure and roadways are in place and Sufficient to provide Fire Department access at the time of construction as required. IFC 14 1 OI Required access. Approved vehicle access for firefighting shall #:• provided to all construction or demolition sites, Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions, Vehicle access shall be maintained until permanent fire apparatus access roads are availa#le. he a Wicant should 6 j * Fire District building •"" * Fire alarm system permit * Sprinkler system permit * Commercial kitchen hood suppression system permif, It is the responsibility of the property owner or developer to verify that all required Fire Department permits are acquired for each property and/or project. COMMENTS FOR LOT 4 BASED ON SITE PLAN SUBMITTAL, 5. Fire department access to the south side of the property/building appears limited. Apparatus access is required to within 150 ft of all portions of the building. If access requirements are to be met by utilizing Kipling Blvd and Kline Street for fire department access„ then unobstructed and approved firefighter access to the site from those locations to the south side of the building will be required in the form of paved walkways, etc. Please feel free to contact me if there are any questions or Concerns with respect to this review. Reviewed by, Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District ,.. City of PUBLIC WORKS Menu TO: Lauren Mikulak, Planner 11 FROM: Mark Westberg, PE, CFM, Project Supervisor DATE: March 1, 20114 SUBJECT: MVG Marketplace Subdivision, Traffic Impact Study 1 have completed nay review of the Traffic Impact Study dated January 2014 for the proposed mixed-use development at 38"' Avenue and Kipling; Street. M have the following; comments regarding this submittal: I. Site Description a. On page 3, the third access point that is listed is for a Yl movement access, on Kipling Street. The City has received referral comments fiom CDOT that only a right-in/right-out access will be allowed at this location. Thus, trip assignments and distribution need to be adjusted accordingly. 2. Existing and Committed Surface Transportation Network a. On page 5, 38`1' Avenue is currently designated as a minor arterial, not a collector, The future plans for 38'x' Avenue west of Kipling Street include widening to 3 lanes of traffic, and adding Dike lanes, amenity zones, and sidewalks. 3. Existing Traffic Conditions a. On page Vii, the HCM is stated as the method used to analyze the intersections. Using this method for the existing conditions is probably adequate; however, the proximity of the proposed intersections requires that a micro -simulation technique be used. The simulation needs to analyze the closely spaced intersection and access points for any queues, potential blockage and other traffic behaviors which may negatively affect the operation along both 38'x' and Kipling Corridor particular along the development frontage. . Future Traffic Conditions without Proposed Development a. On page's, a growth rate of 2% has been assumed. While this is likely an appropriate value for both Kipling Street and 38"' Avenue, it might be worthwhile to contact DRCOG to see if a lower rate would be appropriate, particularly for 38`" Avenue. In the past, D COG has often used different rates based on regional assumption for the streets within Wheat Ridge because of our built -out condition. 5. Proposed Project Traffic a. On page 16, no reductions are taken for internal capture or pass -by trips. While this is very conservative, a more accurate analysis with reasonable rate reductions would be more appropriate given the numerous LOS Fs that occur with the development. s • • # March 13, 2014 Page • N b. On page 17, Figure 6 needs to be revised to remove the northbound left at Access on Kipling Street to reflect the comments from CDOT. Future Traffic Forecasts with Proposed Development a, On pages 19 and 20, Figures 7 and 8 need to be revised to remove the northbound left at Access B on Kipling Street to reflect the comments from CDOT. Project Impacts a. On pages 21 and 22, Tables ti and 7 need to be revised to remove the northbound left at Access B on Kipling Street to reflect the comments from CDOT. b. On page 23, the discussion about the gaps created by the traffic signal nal at 38`x' Avenue and Kipling Street is certainly valid during off -peaks; however, during the pear hours, the queues shown for the both the eastbound thru and left movements will block the left turn movements at Access A effectively making this a right-in/right-out intersection. c;. Given the long queues at Access A, a separate left turn lane for this movement will be required. Traffic of this particular movement will need to be channelized and cleared from the thru movement to avoid the interference with departing traffic from the 38"'/K piing intersection. d. On page 23 and 24, the discussion needs to be revised to reflect the comments from CDOT concerning Access B on Kipling Street and also the requirement for the auxiliary deceleration lanes. Appendix C -- Capacity Worksheets a. The traffic signal at 38`x' Avenue and Kipling Street is part of a coordinated system.. The actual timing for the signal should be obtained %•om either CDOT or DRCOG and used for the modeling. Discussion should be included in the report on the source of the timing data. b, The years for the background and total traffic volumes are shown as 2015 and 2033, not 2016 and 2034 as discussed in the report. c. As noted previously, the HCM is not adequate to analyze the intersections because of their close proximity and the long queue lengths for the eastbound 38`x' Avenue traffic. A Micro -simulation analysis should be Clone. Case No MS1401 Date Received212ii20i�i; Related Cases SP14Q1 �' Case Planner '- �Mikulak Case Descriptior Minor subdivision with tiht-of„wa dedication w. .,„. Name MVCa Development Name Phone Address )509Yoik St 3rd Floor ' City 'Denver State'CD Zip 861 6&• Name Mulfiple Cfwners ., ....., .. v , ........ ,�,._ Marne Phone Address v .... .. .. .... ,� .. ...,, .. Ctt}+t ..,,,_.,........ .,„._....... „.._.�,stat@..,......� ,Abp ,....,.�.. ,. Name N NcNebsh ..MVCa Develot' „ .,. e „ ..�...e... Name Phone 303 573.6500 k l Address 1509 York St 3rd Floof City-,Denvef State `Ci? dip 880206 Address Street + City Wheat Ridge State'Cof _7ip 80Q33� .v w Location Description 54n Cofnei of 38117 lii 1i p n9 Project Name Parcel No �'C$tr Section District No 3928tt�f1001 NE28 Parcel No 9 28i 00 001 Qtr Section NE28 District No.: 3' 3 _. .... ”" .. .. 3928100005 NE28 Pre App Date i _/30/2014 Neighborhood Meeting Crate 2/'4_/'2014 App No. APP1405 Rev€e", Type Review Body r Review Date Disposition Comments deport Public Nearing fa „ First Reading Pei Ge Nearing CC 4..0 Case Disposition Disposition Date i Conditions of Approval ....,� .._ Notes Res # i 0trd # Status � : rw . Open � . , Storage: � CITY OF T RIDGE 81W1 2:88 PM ed ba Design—Build LLC RECEIPT CD NT NSD ZONING APPLICATION F 2,201.60 zone SD ZONING REIMBURSEMENT 450.0 ZREIM PAYMENT RECEIVED AMW CK 2297 21658.0 TOTAL 21650.08 City of '] he-' LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29t6 Avenue * Wheat Ridge, CO 80033 o Phone (303) 235-2846 (Please print or type all information), Applicant MVG Development Address 1509 York Street, 3rd Floor Phone 303-573-6500 Cit Denver State CO — Zip. 80206 Fax owner Multiple Owners - See Attached ReCC Address Phone Contact H MCNeish - MVG Development Address 1509 York Street, 3rd Floor Phone 303-573-6500 City Denver State CO Z*P80206 Fax 's (The person listed as contact will be contacted to answer questions regarding this application, provide additional information wben necessary, po public hearing signs, will receive a copy of the staffreport prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Type of action requested (check one or more, of the actions listed below which pertain to your request): Please refer to submittal checklistsfor complete application requirements,* incomplete applications will not be accepted. C3 Change of zone or zone conditions 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval 0 Variance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: Detailed description of request: Ttt,e DroDosed su 141. * ' I• — I . Required information: Assessors Parcel Number: 39-281-00-004/39-281-00-002/39-0 Size of Lot (acres or square footage): 5.95 AC Current Zoning: C-1 Proposed Zoning: C-1 Current Use: Retail and Office Proposed Use: Retail & Senior Housing I certify that the information and exhibits herewith submitted are true and correct to the best of , �kn an, acting with the knowledge and consent of those persons listed above, witho ose consent the requested action cannot lawfidly be accomplished, Applicants other than owners must submitpower-qfa rney hich approved of this action on his beha�f Notarized Signature of Applicant State of Colorado County of -btne T ss The foregoing instrurnent b, me this dao y f day of No Public My commission expires $S#M EXPRES M'ARCHMM-11 -- - ---------- . ... .... ----- --- --- ------ To be filled on by staff: e� Date received Fee $ )-b Receipt NoL'Mtt'('1 Case No. N\ S (d Zon2�� Comp Plan Design. a :uarter Section TV ap—, g ------ --- L-- Q Related Case No.----- Pre -App Mtg7Date_ i Case Manager�--V-� n SPROUT'S MASTER PLAN RIDGE, ENTITLEMENT SCHEDULE Updated - 2/7/2014 a • +� V UpdatedENTITLEMENT SCHEDULE History • GENERAL INFORMATION Schedule:110075Parcel ID: 39-281-00-004 Print std Status: Active Property Type: Commercial Property Address: 10050 W 38TH AVE — — - ---- WHEAT RIDGE CO 80033 4002 caner Name(s) Mailing Address: c/o FAMILY THRIFT CENTER PETER JACOB INVESTMENTS LL 24069 W SHOOTING STAR DR GOLDEN CO 80401 Neighborhood: 112 - PROPERTY DESCRIPTION Subdivision Name: - Page I of I LUIUMLIIIfQrma son Mill Levy Detail For Year Mill Lavy Information vitro J RIDGE — ----- ----- . . . . . . . . . . http://jeffco.us/ats/displaygeneral.do?sch=l 10075&offSet=1 2/20/2014 Property appraisal system page I of I Property information GENERAL INFORMATION Schedule: 049229 Parcel ID: 39-281-00-002 Status: ActivePrint i~{el> Property Type: Commercial Property Address: 03785 KIPIING ST WHEAT RIDGE CO 80033 Owner Name(s) Mailing Address: 10005 W 34TH AVE DENDRON PROPERTIES 11 WHEAT RIDGE CO 80033 5615 Neighborhood:. 231 - PROPERTY DESCRIPTION Subdivision Name: lew Mill levy Detail For Year �'"`i3 2014 [2013 ireasurer Information �,WNW tea http://jeIfco.tis/ats/dis Iaygewneral,do?scl =0492 9 otfset 2/20/2014 Property appraisal system Property Information I OF I GENERAL INFORMATION Schedule: 049153 Parcel 10: 39-281-00-005 Status: Active Property Type: Commercial WHEAT RIDGE CO 80033 towner Name(s) Mailing Address: C/o COLORADO REAL ESTATE GROUP INC ROUP LLC 03036 S ACADEMY BLVD EEE� COLORADO SPRINGS CO 80916 Neighborhood: ill - PROPERTY DESCRIPTION Subdivision Name; - lrggauEer Inf rrr7atiCtn http://jeffco. us/ats/di splaygeneral,do?sch=0491 5 3&off'set=O 2/20/2014 r-10PCI-ty appraisal system Page I of' I PropertyAM= Inf€irmation P—re v__iaus 4 OF 4 GENERAL INFORMATION Schedule 210071 ParceilD: 39.281-00-QO1 Status: Active Property T Rnrit � e-1 p Y YRe: Commercial Property Address: 03795 KIPLING ST WHEAT RIDGE CO 80033 Owner Names) Mailing Address: PO BOX 22631 KIMMEL NEIL DENVER CO 80222 0631 Neighborhood; 153 - PROPERTY DESCRIPTION Subdivision Name: . ur rcxrces ma s Associated with Schedule �9-287. adr r�.r.........,.."o., �.... Cxra hie Parcel a r...�...p !_ Ion Tr a uLe-�� httpa*/ljef fco.ustats/dis laygener•al.do?sch=1 10071 &01"fset=3 t 2/20/201 m NJ 0 o O O CD cr 0 (D n. O fU Y. O m ZMEMMEM City of Wheat Ridge Community Department 7500 West 291° Avenue, 2nd Floor Wheat Ridge, CO 80033 TPR Acquisition Group, LLC, as landowner of 10101 W. 371hPlace, Wheat ,Rid ge, CO 80033, hereby autborizes,mill,ennium Venture Group, Inc., and its Planning and Entitlements Director H McNeish, to make applications to the City of Wheat Ridge for a Subdivision Plat and Site Plan on the above noted property. TPR Acquisition Group, LLC Name: 7, Title: TPR ACQUISITION GROUP LLC CIO COLORADO REAL ESTATE Land Title Guarantee Company "dTlfle CUSTOMER DISTRIBUTION COLORADO SPRINGS, CO 80916 DENVER, CO 80206 GL AR VKTfl COMPANY Attn: VIRGINIA M. O'CONNOR Data: 01-24-2014 Our Order Number: ABB70393418 Property Address: Fax: 303-484-4944 10101 W 37TH PL WHEAT RIDGE, CO 80033 Ifyou have any Inquiries or require further assistance, please contact one of the numbers below: For CloftA-ss ance: CI's As --w—r s igant, for —Title AssistanqL Leigh Renfro Pete Jurgs Bruce Rosetten 3033 E IST AVE #600 Phone: 303-488-2555 Bruce Rosellen DENVER, CO 80206 Fax: 303-393-4M 5975 GREENWOOD PLAZA BLVD Phone: 303-331-6231 EMafl: pjurgs@ltgc.cDm GREENWOOD VILLAGE, CO 80111 Fax: 303-393-4774 Phone: 303-850-4130 EMaJI: Irenfro@Itgc-corn Fax: 303-393-4826 Fax: 303-393-4774 EMatl: broselien @hgc,corn TPR ACQUISITION GROUP LLC CIO COLORADO REAL ESTATE MILLENNIUM VENTURE GROUP 3036 S ACADEMY BLVD 1509 YORK ST THIRD FLOOR COLORADO SPRINGS, CO 80916 DENVER, CO 80206 Attn: THOMAS FREZZA Attn: VIRGINIA M. O'CONNOR Copies: I Phone: 303-339-5183 Sent Via United Parcel Service 70393418*2 Fax: 303-484-4944 EMaiL grnoran@nrvgdev,corn Copies: I Sent Via EMail EMail: VOCONNOR@MVGDEV,COM Sent Via EMail LAND TITLE GUARANTEE COMPANY MILLENNIUM VENTURE GROUP 3033 E IST AVE #600 1509 YORK ST THIRD FLOOR DENVER, GO 8(Y206 DENVER, CO 80206 Attn: Leigh Renfro Atte: CAROLYN POWELL Phone: 303-331-6231 Phone: X3-339-5184 Fax: 303-393-4774 Copies: I Copies: I EMail: cpow(-]I@rnvgdev,com EMaiL Irenfro@)tgc,com Sent Via EMail MILLENNIUM VENTURE GROUP NEIL FEINSTEIN 1509 YORK ST THIRD FLOOR 3535 LARIMER ST. DENVER, CO 80206 DENVER, CO 80205 Attn: GREG MORAN Phone; 720-840-3133 Phone: 303-339-5184 Copies: I Copies: I EMall: nfeirist@sbcglobal.net EMaiL grnoran@nrvgdev,corn Linked Commitment Delivery Sent Via EMail "dT'41e Land r1!AL �nj�COMPNNV Property Address: 10101 W 37TH PL, WHEAT RIDGE, CO Buyer/Borrower: MILLENNIUM VENTURE GROUP, INC., A DELAWARE CORPORATION Seller/Owner: TPR ACQUISITION GROUP LLC, A COLORADO LIMITED LIABILITY COMPANY Wire Infonnation: (Please note: We do not accept A CH electronic transtars.) Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 8CO15 Phone: 303-237-5000 Cmdit: LAND TITLE CUARANTEE COMPANY ABA No.: 107095047 Account. 2160521825 Attention: Leigh Renfro Date: 01-24-2014 I iIIN32= Tom COMACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. ABB70393418 Schedule A Cust. Ref.: Property Address; 10101 W 37TH PL WHEAT RIDGE, CO 80033 1. Effective Date. October til , 2013 at 5:.00 P.M, 2. Polley to be issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $1,600,000.00 Proposed Insured MILLENNIUM VENTURE GROUP, INC.. A DELAWARE CORPORATION . The estate or interest in the land described or referred to in this Commitment and covered herein is. A Pee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: TPR ACQUISITION GROUP LLC, A COLORADO LIMITED LIABILI'T'Y COMPANY 5The ' referred to in this Commitment is described . s follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Copyright 2006-2013 American Land Title Association, All rights reserve d. --------------- AKIVRR AN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, LA N V !ITU All other uses are prohibited, reprinted under license from the American Land Title Association. THAT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE SOUTHERLY, ALONG THE EAST LINE OF SAID SECTION, 2,30 FEET� THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION, 2w FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION, 109.99 FEET, MORE OR LESS, TO A POINT 20 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE • ONE-QUARTER OF THE • ONE-QUARTER OF SAID SECTION 28; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE EAST ONE-HALF OF THE OF SAID SECTION, 124.86 FEET, MORE OR LESS, TO A POINT 355 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 28; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION, 40 FEET; THENCE SOUTHERLY, PARALLEL WITH AND 20 FEET WEST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 75 FEET; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION, 290.19 FEET, MORE OR LESS, TO THE EAST LINE OF LEE STREET; THENCE NORTHERLY ALONG SAID EAST LINE, PARALLEL WITH AND 20 FEET EAST OF THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 400 FEET, MORE OR LESS, TO THE SOUTH LINE OF 38TH AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE, PARALLEL WITH AND 30 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 28, A DISTANCE OF 440.53 FEET, MORE OR LESS, TO A POINT 200 FEET WEST OF THE EAST LINE OF SAID SECTION; THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID SECTION, 200 FEET TO THE TRUE ► OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, t (Requirements) Our Order No. ABB7 " 3418 Payment to or for time account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, Proper instrument(s) creating the estate or interest to be • must be executed and duly filed for record, to -wit: RELEASE LLC TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY THE USE OF CANON R NATIONAL BANK TO SECURE RECORDED FEBRUARY UNDER RECEPTION t 634, SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS FEBRUARY • i 2013019635 INFORMATION2. WRITTEN CONFIRMATION THAT THE CONTAINED STATEMENT AUTHORITY M TPR ACQUISITION GROUP k LIABILITY COMPANY RECORDED l RR RECEPTION CURRENT, INSTRUMENTNOTE: SAID THOMAS R MANAGEREZZA, MANAGER AND PETER C. AND ROBERT R MANAGER AUTHORIZED ENCUMBERINGINSTRUMENTS CONVEYING, PROPERTY ► INFORMATION a CURRENT AUTHORITY RECORDED, 10. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AMENDMENTS THERETO FOR TPR ACQUISITION GROUP LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND ACQUIRE,AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ENCUMBER, OTHERWISE INTERESTS • • ERTY FOR SAID ENTITY, I NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS PROVIDE GUARANTEE CURRENT ♦ y i i SUBJECTND TITLE SURVEY OF PROPERTY. R REQUIREMENTS AND/OR EXCEPTIONS MAY R E NECESSARY. R ALTA COMMITMENT (Requirements) Our Order No. ABB70393418 SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, 5. WARRANTY DEED FROM TPR ACQUISITION GROUP LLC, A COLORADO LIMITED LIABILITY COMPANY TO MILLENNIUM VENTURE GROUP, INC., A DELAWARE CORPORATION CONVEYING SUBJECT PROPERTY, NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY, WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TPR ACQUISITION GROUP LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF MILLENNIUM VENTURE GROUP,DELAWARE CORPORATION. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, NOTE: UPON PROOF OF PAYMENT OF 2012 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEAR& ALTA COMMITMENT (Exceptions) Our Order No, ABB70393418 The policy or Policies to he issued will contain exceptions to the f I. Any facts, rights, interests, or claims thereof, not Shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the, Land, 2Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be, disclosed by an accurate and complete land survey of the Land and not shown by the Public Records, 4, Any lien, or right to a lien, for services, labor or rnaterial heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment,. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of h agency or by the Public Records, such I (a) UnPatented mining claims; (b) reservations Or exceptions in patents or in Acts authorizing the issuance thereoL (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. & EXISTING LEASES AND TENANCIES, IF ANY. 9RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED MAY 14,1969, IN BOOK 2103 AT PAGE 108, 10RICTIONS SET FORTH IN PARAGRAPH 4 OF EXHIBIT B OF DEED RECORDED OCTOBER 19,1971 IN BOOK 2308 AT PAGE 952, 11. TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL LICENSE AGREEMENT RECORDED OCTOBER 19,1971 IN BOOK 2308 AT PAGE 955. 12RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED APRIL 24,1974, IN BOOK 2615 AT PACE 289 AND RERECORDED NOVEMBER 29,1974 IN BOOK 2684 AT PAGE 195, ow ALTA COMMITMENT (Exceptions) Our Order No. ABB7OW3418 of tothe s'atisfaction of the Company: 13, COVENANTS AND RESTRICTIONS • UNIFIED OWNERSHIP OF PROPERTY BETIYEEll CARROLL QUELLAND AND WESTRIDGE SANITATION DISTRICT RECORDED OCTOBER 30, 1974 IN BOOK 2676 AT PACE 379 LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS herebyNote: Pursuant to CRS 10-11-123, notice is This notice .• exc tion, or exceptions,, • recordedA) T%t there is evidence that a mineral estate has been severed, leased, conveyed from the surface estate # dot likelihoodthere is a substantial that a third party holds some or all interest in oil, as, other minerals, or geothe I ri�g ,ncB) That such mineral estate . # • # y without grly� and imy surface owner's permission, Note: Pursuant to CRS 10-1-128(6) (a), It is unlawful to knowin&ly provide false, incorn misleading facts or _plete, or •information to an insurance company for the #attempting deffaud the company. includePenalties n�iay darria es, Any insurance company or agent of an insurance company who knowingly proviges golicyholder or claimant for the # defraudingdefraud payableor claimant with to a settlement or award from proceeds shall be of regulatory agencies. ! • R�Elpi� =1 # # # `♦ DISCWS' 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Commitment to Insure ALTA Cororniurient Ret. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Mlithasota corporation, ( y) for a valuable consideretinfl, cmM to issue Its policy or policies of title insurance, as identified in Ie A. in favor of the [ftPDsW Insured nanned in Schedule A, as owner or mxupjw of the estate or 'interest In the land described or f'ef8nW to in Schedule A, of the parriurns and chmTs and corripliance with the teats: all SUtOd to the provisions of Schedule A and B and to the Conditions of this Cwftwt, This CwMtJTM shall be effective only when the identity of the Proposed Insured and the arriourf of the policy or policies convaitted for have been inserted in Schodule A by the C y. All liability and ollgation under this 0001flitroOnt Shelf Coase and toaninate six nuft after the Effective pate or when the Policy or policies coinritted for Mail issue, vWkfftw first wmrs, provided that the failure to issue such policy or polices is not the fait of the y. CONDITIONS AND STIPULATIONS 1. The S' # le -i' when used # deedof dead, or e ' proposed Insured has or acq*m WWI kwAockjgof any defect S x M� adverse or #.h x to i the r interest or ffvnM thereon # o e other # t et' k y and disclose / err # µ /. estate+ the CorWy be ^t from liabilityfor any less or #x' .t resultirg from any act of reliance herem tothea 8':. i °. 't..6i #y" oil yx Tus f ent ammgy, but such effiencluientnot # 3. Liabilityof Corripapy underi beonly to the harned proposed Sr and such parties included mlarthe definition of Insured in the form of policy or police co. .. t for and# loss incurred in reliance,:9e r f intoot !. re"mants homfi. to elimmui excepitions showk ee '. '* 4aqke or mote ft estate or S. # r«=e• ..... •# et Re x.: k.. bed the arriount stated in Sdxdkc forthepoky or policies convnitted forand such liabilitysubject # provisions an# Conditions y Sqwbons yft Wmme Cm# «a of the formof policy or policies conmUW for in favorof proposed et' which am herebyf t ## by reformand are ,r' a pan of M•1 t fi ei ,e 4. This cornalitrient isx contract to issue one or e -• title irmwn policies and is not abstract 9f report of < condition action. r rights Of R. yYt r 'ed 1. K # :y. o t.. :#^! }.the tus f t x or or the status 4 : e f e .thereon ' y # based t ayo to e provisions x ! , S policy5. The be issued contains an arbitrationMt.i' matters when the Arnountof i00til or less loll be arbitrated. t the option of either the Cornpary or de Insuied as the exclusive " of the parties. You my review a copy of the arbitration rules at www,aka.oq STANDARD EXCEPTIONS In addition to the rnatterscontained in the Conditionsand Stipulations and EXCIUSiOnS frDru COMBP above e ei to, this woullanarIt 1, Rkghts or clairm of parties in possession not stiown by the Public Records, 2. Easainents, or t of easornents,not '.i by the blic Records, 3. Djw*ycies, conflictst , . iary lines # . # e k R...k 'e and .x k1' . e #" #. # # y.. i #ix .. l • x re # # Records, e lien,4. Any # # r lien, forservices,lab:- or 9.f: #kirposed by law and not showPublic e. o i s. 5. Defacts, liens, encurribmxs, adverse clans or t created, y. ,f. #. b M #-. i «i e•• S#. # '.e ## # 'e IN WITNESS WHEREOF, Old Republic National Title Insurance Corrifieny has car Sed its corporate rk l to be affixed by its tkaiyanthurioff+oa s aro the date shown in S ate A to be valid wi n cou ntnys by a valldati g officzr or o ref s . tart'zed- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock y 400 Second Avenue South t Cs' Minneapolis, Minnesota 55401 (612) 371-1171 A zed AM RICAfv �e ro: �ar� rart is } &010 �"t0l R . Y . , CCVIT.06 ' * * x . t * «'' Sexxetaay February 19, 2014 City of Wheat Ridge Community Department 7500 West 291h Avenue, 2nd Floor Wheat Ridge, CO 80033 Gendron Properties, LLC, as landowner of e, Wheat Ridge, CO 80033, hereby authorizes Millennium Venture Group, Inc., and its Planning and Entitlements Director H McNeish, to make applications to the City of Wheat Ridge for a Subdivision Plat and Site Plan on the above noted property. OWNER: Gendron Properties, LLC on or GENDRON PROPERTIES LLC 10005 W,34TH AVE WHEAT RIDGE, CO 80033 Attn: CENDRON PROPERTIES LLC Fax: 303-393-4819 Copies: I Sent Via Fax LAND TITLE GUARANTEE COMPANY 3033 E IST AVE #60D DENVER, CO 80206 Attn: Leigh Renfro Phone: 303-331-6231 Fax: 303-393-4774 Copies: I EMail: Irenfro@Itgc,corn MILLENNIUM VENTURE GROUP 1509 YORK ST THIRD FLOOR DENVER, CO 8o2(ro Attn: VIRGINIA O'CONNOR Phone: 303-339-5184 Fav 303-648-5125 Copies: I EMail: voconnor@nivgdev,corn Sent Via EMail MILLENNIUM VENTURE GROUP 1509 YORK ST THIRD FLOOR DENVER, CO 8=6 Attn: CAROLYN POWELL Phone: 303-339-5184 Copies: I EMaiL cpowell@mvgdev.ck)m Sent Via EMail Land Title Guarantee Company CUSTOMER DISTRIBUTION end Tei C A C �-w -.1 Tz I -" Date: 11 -20-2013 Our Order Number: ABJ70397564 Property Addrem: 3785 KIPLING ST WHEAT RIDGE, CO 8M Ifyou have arty inquiries or require further assistance, please contact one of the numbers below: mor stance, �Q�s Ass' t: For Title Assistance., Leigh Renfro Pete Jurgs Sandy Johnson 3033 E IST AVE #600 Phone: 303-488-25555 Sandy Johnson DENVER, CO 80206 Fax: 303-393-4883 5975 GREENWOOD PLAZA BLVD Phone: 303-3314MI EMail: pjurp@ltgc.com GREENWOOD VILLAGE, CO 80111 Fax: 303-3934774 EMail: Irenfro@hgc,com Phone: 303-8504126 Fax: 303-3934781 EMail: sandyjohnson@ltgc,com GENDRON PROPERTIES LLC 10005 W,34TH AVE WHEAT RIDGE, CO 80033 Attn: CENDRON PROPERTIES LLC Fax: 303-393-4819 Copies: I Sent Via Fax LAND TITLE GUARANTEE COMPANY 3033 E IST AVE #60D DENVER, CO 80206 Attn: Leigh Renfro Phone: 303-331-6231 Fax: 303-393-4774 Copies: I EMail: Irenfro@Itgc,corn MILLENNIUM VENTURE GROUP 1509 YORK ST THIRD FLOOR DENVER, CO 8o2(ro Attn: VIRGINIA O'CONNOR Phone: 303-339-5184 Fav 303-648-5125 Copies: I EMail: voconnor@nivgdev,corn Sent Via EMail MILLENNIUM VENTURE GROUP 1509 YORK ST THIRD FLOOR DENVER, CO 8=6 Attn: CAROLYN POWELL Phone: 303-339-5184 Copies: I EMaiL cpowell@mvgdev.ck)m Sent Via EMail "nd-nfle Land MLA�A _nTF COMPANY WWW LCt CO. Property Addr m-: 37&5 KIPIANG ST WHEAT RIDGE, CO Buyer/Borrower: MILLENNIUM VENTURE GROUP, INC- A DELAWARE CORPORATION DOING BUSINESS AS MVG DEVELOPMENT Seller/Owner: GENDRON PROPERTIES, A COLORADO LIMITED LIABILITY COMPANY Wire Information: (Please note: We do not accept A CH electronic transfers.) Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 8W15 Phone: 303-237-5000 Civ&: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 21605218? -5 Attention: Leigh Renfro 41 .1 0tv�A out L,?nd Title's web site at www. Itec, Xom �4=WOI -,- rom CMMAM 66104 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. ABJ70397564 Schedule A Cust. Ref.: Property Address: 3785 KIPLING ST WHEAT RIDGE, CO 80033 1. Effective Date: November 14, 2013 at 5:00 P.M. 2, Policy to be Issued, and Proposed insured: "ALTA" Owner's Policy 06-17-06 $350,000.00 Proposed Insured: MILLENNIUM VENTURE GROUP, INC., A DELAWARE CORPORATION DOING BUSINESS AS MVG DEVELOPMENT 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein at the effective date hereof vested in: isd GENDRON PROPERTIES, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Copyright 2006-2013 American Land Title Association. All rights reserved. AMI RICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, LAND "i I i L All other uses are prohibited. Reprinted under license from the American Land Title Association, A PARCEL OF LAND IN THE EAST 112 OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET SOUTH AND 30 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 28; THENCE SOUTH 100 FEET ALONG THE WEST LINE OF KIPLING STREET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH ALONG THE WEST LINE OF KIPLING STREET A DISTANCE OF I00 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF WEST 38TH AVENUE A DISTANCE OF I25 FEET: THENCE NORTH AND PARALLEL TO THE WEST LINE OF KIPLING, STREET A DISTANCE OF 100 FEET; THENCE EAST AND PARALLEL TO THE SOUTH LINE OF OF WEST 38TH AVENUE, A DISTANCE OF 125 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED RECORDED AUGUST 27, 1969 IN BOOK 2128 AT PAGE 357, COUNTY OF JEFFERSON, STATE OF COLORADO. ALTA: COMMITMENT (Requirements) Our Order No. « i y f... . t Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit.- DULY ACKNOWLEDGED NAME OF GENDRON PROPERTIES COLORADO LIABILITY POSITIONSTATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND *.. THE ENCUMBERING,PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, OTHERWISEREAL PROPERTY BEHALF F THE ENTITY } OTHERWISEND s AUTHORITYLYING WITH THE PROVISIONS OF SECTION 38-30-172, CR& NOTE: THE STATEMENT OF BE RECORDED RECORDER. ►i ► } FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT THERETOAMENDMENTS ! PROPERTIES, f COLORADO LIABILITY COMPANY BE FURNISHED MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, #f OR OTHERWISE DEAL INTERESTSWITH REAL PROPERTY #1• # } NOTE:ID ENTITY. ADDITIONAL 3PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA/ACSM LAND TITLE SURVEY OF SUBJECT PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY, LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA/ACSM LAND TITLE # ALTA COMMITMENT A APPROVED MATTERS SURVEY ADDED SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING • OR MATERIAL FURNISHED R. PROPERTIES, LIABILITY COMPANY. REPUBLICOLD INSURANCE ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF MILLENNIUM VENTURE GROUP, INC- A DELAWARE CORPORATION BUSINESS NOTEUPON PROOF OF PAYMENT OF 2012 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. ABJ70397564 The policy or policies to be issued will contain exceptions to the following unless the same of to the satisfaction of the Company: e are disposed I Any facts, rights, interests, or claims thereof, not shown by tile Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2, Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5Defects, liens, encumbrances, adverse claims or other matters, if any, created, fIrst appear or attaching subsequent to the effective date hereof but prior to the date the proposed ing in the public records for value the estate or interest or mortgage thereon covered by this Commitment, insured acquires of record 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing au ori t levi or assessments on real property or by the Public Records; (b) proc th ty tha es taxes or assessments, or notices of such proceedings, whether or not sho eedings by a public agency that may result in taxes Records. wn by the records of such agency or by the Public 7. (a) unpatented mining claims; (b) reservations Or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights, claims or title to water, whether or not tile matters excepted under (a), the Public Records, (b), or (c) are shown by 8. EXISTING LEASES AND TENANCIES, IF ANI 9. RESTRICTION SET FORTH IN WARRANTY DEED RECORDED JANUARY 12. 1961 IN BOOK 1334 AT PACE 1%, 10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 31,1961 IN BOOK 1420 AT PAGE 342. 11, ASSIC NMEN T OF RIC HT TO PURCHASE WATER AN UA LL Y, RECORDED JUNE 30,1978 UNDER RECEPTION No, 59222 AND AMENDED BY INSTRUMENT RECORDED AUCUST 31,1978 UNDER RECEPTION NO. 80580. 12. OFFICIAL LEGAL DESCRIPTION FOR THE CITY OF WHEAT RIDGE CORPORATE OUNDARY RECORDED BJANUARY 7, 2009 UNDER RECEPTION NO. 2009001396 ALTA COMMITMENT WLTUM (Exceptions) Our Order i of to the satisfaction of the Company: 13, EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR STREET LIGHT CONDUCTORS, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED JULY 01, 2009, UNDER RECEPTION NO. 200906472& LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARAN"T"EE COMPANY - GRAND JUNCTION DISCLOSURE €2/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 0_ I a I WV a# 1 r. 191 L91 • OWN' transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American may be entered in amt court having jurisdiction thereof. February 19, 2011 City of Wheat Ridge Community Department 7500 West 2911, Avenue, 2n" Floor Wheat Ridge, CO 80033 Peter Jacobs Investments, LLC, as landowner of 10050 W. 381h Avenue, Wheat Ridge, CO 80033, hereby authorizes Millennium Venture Group, Inc., and its Planning and Entitlements Director H McNeish, to make applications to the City of Wheat Ridge for a Subdivision Plat and Site Plan on the above noted property. OWNER: Peter Jacobs Investments, LLC SULLIVAN AND HAYES BROKERAGE PETER JACOB INVESTMENTS LLC 2" S COLORADO BLVD TWR 18TH FL 3777 KIPLING ST DENVER, CO 80222 WHEAT RIDGE, CO Attn: BRIAN SHORTER Attn: PAT PIETRO Phone: 303-534-0900 Fax: 303-432-2753 Fax: 303-831-1333 Copies: I Copies: I EMail: patpletroI@aol.com EMaIL hshorterftuflivanhayes,com Sent Via EMail Sent Via EMail MILLENNIUM VENTURE GROUP INC LAND TITLE GUARANTEE COMPANY 1509 YORK ST THIRD FLOOR 3033 E IST AVE #600 DENVER, CO 80206 DENVER, CO 802D6 Attn: GENERAL COUNSEL Attn: Leigh Renfro Fax: 303-648-5125 Phone: 303-331-6231 Copies: I Fax: 303-393-4774 Next Day EMail: Irenfro@ltgc,cotn BENJAMIN CURRIER MILLER & STEIERT MILLENNIUM VENTURE GROUP 1901 W LITTL ETON BLVD 1509 YORK ST THIRD FLOOR LITTLETON, CO 80120 DENVER, CO 80206 Fax: 303-798-2526 Attn: CAROLYN POWELL Copies: I Phone: 303-339-5184 Next Day Copies: I EMail: cpowell@mvgdev.com Sent Via EMail Land Title Guarantee Company CUSTOMER DISTRIBUTION band r'rt�e GC AAANM COMPANY W.. L1Gc 10M Date: 07-01-2013 Our Order Number: ABROX3922 Property Address: 10050 W 38TH AVE WHEAT RIDGE, CO 80033 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: 09sersAssis�tant, For. Titles Assistance: Leigh Renfro Laurie McKee Commercial Title "ABY' Unit 3033 E IST AVE #600 Phone,: 303-331-6M8 Sandy Johnson DENVER, CO 80206 Fax: 303-393-4773 5975 GREENWOOD PLAZA BLVD Phone: 303-331-6231 EMail: tmckee@Itgc,com GREENWOOD VILLAGE, CO 80111 Fax: 303-3934774 Phone: 303-850-4126 EMall: Irenfro@ltgc.com Fax: 303-393-4781 EMail: sandyjohnson@1tgc,com SULLIVAN AND HAYES BROKERAGE PETER JACOB INVESTMENTS LLC 2" S COLORADO BLVD TWR 18TH FL 3777 KIPLING ST DENVER, CO 80222 WHEAT RIDGE, CO Attn: BRIAN SHORTER Attn: PAT PIETRO Phone: 303-534-0900 Fax: 303-432-2753 Fax: 303-831-1333 Copies: I Copies: I EMail: patpletroI@aol.com EMaIL hshorterftuflivanhayes,com Sent Via EMail Sent Via EMail MILLENNIUM VENTURE GROUP INC LAND TITLE GUARANTEE COMPANY 1509 YORK ST THIRD FLOOR 3033 E IST AVE #600 DENVER, CO 80206 DENVER, CO 802D6 Attn: GENERAL COUNSEL Attn: Leigh Renfro Fax: 303-648-5125 Phone: 303-331-6231 Copies: I Fax: 303-393-4774 Next Day EMail: Irenfro@ltgc,cotn BENJAMIN CURRIER MILLER & STEIERT MILLENNIUM VENTURE GROUP 1901 W LITTL ETON BLVD 1509 YORK ST THIRD FLOOR LITTLETON, CO 80120 DENVER, CO 80206 Fax: 303-798-2526 Attn: CAROLYN POWELL Copies: I Phone: 303-339-5184 Next Day Copies: I EMail: cpowell@mvgdev.com Sent Via EMail Land The Guarantee Company Land CUSTOMER DISTRIBUTION GUAR TU F v Date: 07-01-2013 Our Order Number: ABJ70383922 Property Address: 10050 W 38TH AVE WHEAT RIDGE, CO 80033 MILLENNIUM VENTURE GROUP 1999 BROADWAY #3225 DENVER, CO 8=2 Attn: VIRGINIA O'CONNOR Phoma: 303-339-5184 Copies: I EMaiL voc.onnor@mvgdev,com Sent Via EMail 11 D5,13 DnXVZRY.0 (8/2003) Land Title Guarantee Company Laid" Date: 07-01-2013 GUARA FE v Our Order Number: ABJ70383922 W". It -1 10- Property 0-Property Address: 10050 W 38TH AVE WHEAT RIDGE, CO 80033 Buyer/Borrower: MILLENNIUM VENTURE GROUP, INC., A DELAWARE CORPORATION Seller/Owner: PETER JACOB INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY mmn=ri� Bank. FIRSTBANK OF COLORADO 10403 W COLFAX A VENUE LAKEWOOD, CO 8W15 Phone: 303-237-5000 Cm*., LAND TITLE GUARANTEE CoMpAAry ABA No,: 107005047 Account: 2160521&.5 Attention: Leigh Renfro mr.--M�Mmm. 7 ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 Deletion of Exceptions 1-3 (Owner) If land Title Guarantee Coapsny will be closing this transaction, above fees w 0 111 be c,1111tad at that ti". TOTAL $2,345.00 7R; r*= CONTACT 06/04 THANK YOU FOR YOUR ORD First American Title Insurance Company ALTA COMMITMENT Schedule A Cost. Ref.: Property Address: 10050 W 38TH AVE WHEAT RIDGE, CO 80033 2, Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $2,100,000.00 Proposed Insured: MILLENNIUM VENTURE GROUP, INC., A DELAWARE CORPORATION OEM= 111111[vIIIIIII11v 17 �=1111111piiii 111111 iiiiiiiiii 11111ronaIIIIIIIIIIII liqI1111111 11111. .1 PETER JACOB INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION ♦, TOWNSHIP 3 RANGE Y i MERIDIAN, 6TH PRINCIPAL DESCRIBED ! { Y s a ! « ! ! w ♦ R a r Y * # ! ► Y Y M � � Y Y ! « • i N � ! Y F M R { ! ! Y w s ! R • • Y 91 L 1# ► ; R ! BEGINNING AT A POINT WHICH IS SOUTH ALONG THE EAST LINE OF THE NORTHEAST QUART OF SECTION ADISTANCE OF «230,0 FEET AND WEST PARALLEL NORTHEASTOF THE QUARTER CORNER OF SECTION 28, A E OF 45,0 FEET FROM THE NORTHEAST ! SOUTH, Y;ANCE rt 9 WEST; 1. THENCE SOUTH, LINE OF THE NORTHEAST QUARTER OF SECTI 28 A DISTANCE OF } t PROPERTY 2. THENCE EAST, ALONG THEPROPERTY PROPERTYSOUTHEAST CORNER; 3. THENCE NORTH, A THE EAST ; ► DISTANCETY LINE A 436,09 PARALLEL VallwoRm DolkallIM (Requirements) Our Order No. ABJ703&3922 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against subject and payable. the s ub premises which are due Item (d) Additional requirements, if any disclosed below: 1. RELEASE OF DEED OF TRUST DATED JANUARY 06,2003 FROM PETER JACOB INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF FIRST NATIONAL BANK OF ARVADA TO SECURE THE SUM OF $348,252.00 RECORDED JANUARY 21, 2003, UNDER RECEPTION NO, 171656421 SAID DEED OF TRUST WAS ASSIGNED TO BANK OF CHOICE, A DIVISION OF BANK MIDWEST, N.A. IN ASSIGNMENT RECORDED DECEMBER 09,2011 UNDER RECEPTION NO, 2011111866. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED JANUARY 21, 2003, UNDER RECEPTION NO, 171656424. 2. RELEASE OF DEED OF TRUST DATED JUNE 28,2007 FROM PETER JACOB INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF BANK OF CHOUICE COLORADO ARVADA TO SECURE THE SUM OF $1,000,000-00 RECORDED JUNE 29,2007, UNDER RECEPTION NO. 2007076121 I MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 22,2008 UNDER RECEPTION NO, 200801630L SAID DEED OF TRUST WAS ASSIGNED TO CRE/ADC VENTURE 2012-1, LLC, A DELAWARE LIMITED LIABILITY COMPANY IN ASSIGNMENT RECORDED FEBRUARY 11, 2013 UNDER RECEPTION NO. 201,3016715, ALTA COMMITMENT Schedule B - Section I ! Our r- ABJ70383922 FINANCING STATEMENT # - # # # # N& 2013016713. r f • ! f * ► f # # NOTE: THE STATEMENT OF AUTHORITY BE RECORDED ANAP, s CURRENT PROPERTY.UPON REVIEW,REQUIREMENTS ► s ► SAID SURVEY MUST BE CERTIFIED TO LAND rCOMPANY AMERICAN ALTA COMMITMENT Schedule B -- Section I (Requirements) Our Order No. ABJ70383922 Continued: NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS.. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF PETER JACOB INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF MILLENNIUM VENTURE GROUP, INC- A DELAWARE CORPORATION. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE .DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 20112 TAXES, ITEM 6 OF THE GENERAL EXCEPTIONS WILL BE AMENDED TO READ. 1 ALTA COMMITMENT (Exceptions) Our Order No. ABJ703&3922 Of to the satisfaction of the Company: Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2, Easements, liens or encumbrances, or claim thereof, not shown by the Public Records, 3, Any encroachnient, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value, the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof-, (c) water rights, claims or title to water, whether or not the matters excepted wider (a), (b), or (c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES, IF ANY. 10, TERMS, CONDITIONS AND PROVISIONS CONTAINED IN AGREEMENT FOR PIPE LINE RECORDED JANUARY 13, 1915 IN BOOK W AT PAGE 401. 11. CONDITIONS CONTAINED INDEED RECORDED JULY 12,1%2 IN BOOK 1497 AT PACE 5W ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABJ70383922 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 14.. THE AFFECT OF IMPROVEMENT SURVEY PLAT RECORDED AUGUST 7,2003 UNDER RECEPTION NO, F1830913. Pursuant ! « # # #severed, leased, !'al likelihood that a third party without e surface owner's pernm-dissi • #lete or misleadi # # # # f f 4 • 12 IT # # e ! DISCLOSURE 02/2011 First American Title Insurance Company Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam,cram NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION antee a itle Guar Corn a Colorado co ration and WHEN .............. • privacy lawisucliaN, lul eAdillple, transaction or relationship with you, resolutifft. is as follows. ALL% controversv or claim arisin out of or relati- having jurisdiction d-w.reof. Form PR1V.P0L.LTG-1 02/1,8/2014 17:47 FAX 3037585536 KIMMEL Z002 City of Wheat Ridge Community Department 7500 West 291h Avenue, 2nd Floor Wheat Ridge, CO 80033 Neil Kimmel, as landowner of 37$5 Kipling Street, Wheat Ridge, CO 80o33, hereby authorizes Millennium Venture Group, Inc., and its Planning and Entitlements Director H McNeish, to make applications to the City- of Wheat Ridge ftr a wLij., Nefl Kimm Name Ll Title: ALTA Commitment (6-17-06) Commitment ►a*» ••� DATE: February 19, 2014 FILE NUMBER: NCS -653600 -Co PROPERTY ADDRESS: 3795 Kipling Street, Wheat Ridge, Co 80033 OWNER/BUYER: Neil Kimmel/"Millennium Venture Group, INC. YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER:. PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE TERMS CONTAINED THEREIN: OF THE FOLLOWING Transmittal. Revision Not: Schedule A: Schedule B _ Section 1 Requirements:: Schedule B - Section 2 Exceptions: • `�. • •HN wr• t a �_ • t. TO: First American Title insurance Company i National Commercial Services 112S 17th Street, Suite 750 Denver, Colorado 8 TO: First American Tale Insurance Company National Commercial Services 1125 17th Street, Suite 7S0 Denver, CO 80202 To: MVG Development i! York 3Rd Floor Denver, O 80206 R PHONE: (360)298-5079 FAX: (877)235-918,5 • • 0 , DELIVERY: E-MAILESCROW Sonya DELIVERY: PHONE: Carolyn Powell, Esq. FAX.- (877)235-918S • t t A# i DELIVERY: (303)648-5125 First American Title Insurance Company Carolyn Powell, Esq. • " -5185 • (303)506-5359 FAX: (303)648-5125 cPOwell@mvgdev.com DELIVERY: First American Title Insurance Company To: Neil Kimmel Po sox 22631 Denver, Co 80222-061 To: First American Title Insuran" Company National Commercir Services ,1125 17th Street, Suite 750, Denver, Colorado 80202 Commitment Page 2 Commitment Number: NCS -653600-C4 ATTN: PHONE: MOBILE: FAX: E-MAIL, alannak7imocomcastnet ATTN: Stephen Sanders PHONE: (303)876-1133 MOBILE: (303)704-1878 FAX: (877)23S -918S E-MAIL: stephensanders@firstam-cOm DELIVERY- E-MAIL First American Title insurance COMPanY ALTA Commitment (6-17-06) Commitment Page 3 Commitment Number: NCS -653600-C© • r! • •• « .. i t «' • ! t �« « t f • • • •.i t « « « R � i it «« « «« i �i i r IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name anti seal to be of xed by its duly authorized officers on the date shown in Schedule A. First.American itle Insurance Ccs party �� w�,�.,� d w I , Dennis J. Gil rare Ti othyKe p "� �,►k''° President rr'*r Secretary ""*r�...,x. ter*"""" 10 Commitment Page 4 ABI"Rli COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE A 1. Effective Date: February 06, 2014 at 5:00 p.m. a, ALTA Owner's Polo (06-17-06) $0.00 Proposed Insured: I ,U, wpa 1:u re Grouo. Inc.. a Delaware corporatiA, b, ALTA Loan Policy (06-17-06) $0.00 Proposed Insured: r1j&4ffi&QLMk 4 2. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 3. Title to the estate or interest in the Land is at the Effective Date vested in: Neil Kimmel 4. The Land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto and made a part hereof For informational purposes only: 3795 Kipling Street, Wheat Ridge, Colorado 80033 Commitment Page 5 1# The land referred to in Schedule A is situated in the County of Jefferson, State of Colorado and is described as follows: The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet of the East half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, EXCEPT that portion thereof conveyed to The City of Wheat Ridge, Colorado by Deeds recorded November 10, 1.972 in Book 2444 at Pages 376 and 377, County of Jefferson, State of Colorado. For informational purposes only: APN: 39-281-00-001 4"1 Am 0 (41 MKOEBIMM Commitment Page 6 The following requirements must be met: L Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2, Pay us the premiums, fees and charges for the policy. 1 Payment of all taxes and assessments now due and payable. 4. Recordation of a Warranty Deed satisfactory to the Company, from Neil Kimmel, vesting fee simple title in and to Millennium Venture Group, Inc., a Delaware corporation. 5. Recordation of a Deed of Trust satisfactory to the Company, from Millennium Venture Group, Inc., a Delaware corporation, to the Public Trustee of Jefferson County, for the benefit of the proposed insured lender. 6. Receipt by the Company of a Corporate Resolution executed by the officers of Millennium Venture Group, Inc., a Delaware corporation, authorizing the transaction herein contemplated and setting forth the names and authority of those authorized to sign for the corporation. 7. Receipt by the Company of an ALTA/ACSM Land Title Survey, certified to First American Title Insurance Company, and in form and content satisfactory to the Company. The Company reserves the right to make further requirements and/or exceptions upon review of this survey. Fi Vi eyecuted i ell Kimmel. First American Title Insurance Company 14,201 Commitment Wit® 7 Commitment Number: -VCS Schedule B of the policy or policies to be issued will contain exceptions to the following matters un the same are disposed of to the satisfaction of the Company: lei Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which ,? correct survey and inspection of the Land would disclose, and which are not shown by the public records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records. 51 Any and all unpaid taxes, assessments and unredeemed tax sales, 6. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Traffic Signal Easement recorded July 21, 1975 in Book 2750 at Page 648. 7. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Assignment of Right to Purchase Water Annually from the Rocky Mountain Water Company recorded June 30, 1978 at Reception No. 78059222 and re-recorded August 31, 1978 at Reception No. 78080580. An easement for traffic devices and walkways and incidental purposes granted to Department of Transportation, State of Colorado, as set forth in an instrument recorded December 2, 2005 at Reception No. 2005122080. First American Title Insurance Company I Deletion of 1-4 Tax Certificate EXHIBIT 0 Statement of Charges First American Title Insurance Company Commitment Page 8 �Vkfl Alf Pro 1: 11) k j• Commitment Page 9 The term mortgage, when used herein, shall include deed of trust, trust deed, or other securi instrument. I ALTA Commitment (6-17-06) Commitment Page 10 Commitment Number: NCS -653600 -Co First Anwrkan ritte privacy Information We Are Committed to Safeguarding CAlstomer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be coricemed about what we will do with such Information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. 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Confidentiallity and Security We will use our best efforts to ensure that no unauthorized parties have access to any Of your information. We restrict access to nonpublic personal information about you tomose Individuals and entities who need to know that Information to provide products or services to you. We will use out best efforts to tram and oversee our employees and agents to ensure that your information will be handled responsibly and In accordance with this Privacy Policy and First Americans Fair triftionabon Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. information Obtained Through Out Web Site First American FkwwW Corporation is sensitive to privacy issues on the Internet. We believe It is important you know how we over the Information about you we receive on the Internet In general, you can visit First American or its affiliates" Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself, Our Web servers collect the domain names, not the e-mif addresses, Of visitors.This Information is aggregated to measure the number of vW average time spent on the site, pages viewed and similar information. First American uses this information to measure the use Of Our site and to develop ideas to Improve the content of our site. There are times, however, when we may need information from you, such as your name and it address. When information Is needed, we will use our best efforts to Let you know at the time of collection how we will use the personal Information, Usually, the personal Information we collect Is used only by us to respond to your Inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. business Relationships First American Financial Corporation's site and Its affiliates' sites may contain Mks to other Web sites. While we try to link only to sites that share out high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other slum Cookies Some of First Americans Web sites may make use of -woke technology to measure site activity and to customize information to your personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your tot drive. filistAlp,Q2M uses stored cookies. The goal of this technology Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Falmess, We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer pciv acy. ublic Record We believe that an OW Public record creates significant value for society, enhances consumer choice and creates consumer opportunity, We actively support an open public record and emphasize its importance and contribution to our economy, rise We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate, Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure ft required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our Industry about the importance of consumer privacy. We will instruct out employees on our fair information values and on the responsible collection and use of data. We will encourage others In our Industry to rated and use information In a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50 -PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American Title Insurance Company ALTA Commitment (6-17-06) Commitment Page 11 Commitment Number: NCS -653600 -CO DISCLOSURE STATEMENH Pursuant to CKS 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall coj4QjJWt1roij1 *f ig conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000,00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non-residential withholding). NOTE: Colorado Division of Insurance Regulations 3-5-1, requires that "Every title entity shall be conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that First American Title Insurance Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction. Pursuant to C.R.S. 10-11-122, the company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or unth the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer`5 authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exceptio or exceptions, in Schedule B, Section 2. 1 A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. 1119119:111rori 11 IT14ji'lle dTdild kLypically oy we "emonot-Exception no. 4 or Schedule 13, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: X The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months, C. The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D. The Company must receive payment of the appropriate premium, Commitment Page 12 E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreemen satisfactory to the company, and, any additional requirements as may be necessary aft an examination of the aforesaid information by the Company. I I o co-Terage Tri el e contracted for or agreed to pay. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. MM - defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any Insurance company or agent of an Insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. First American Tide Insurance Company PRE-APP mow` City o (V bat I!dj Ie COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: January 30, 2014 Applicant: Attendees; H. McNeish MVG Development 1509 York Street, 3 d Floor Denver, CO 80206 hmniencish ci),rnv dev.corn Phone: 303-573-6500 Ext. 5123 Chad Wheeler, P The Dimension Group 5600 S. Quebec Street, STE 21 OC Greenwood Village, Co 80111 cwheeler crdincnsion cora Phone: 720-536-3181 Tom Klein, ASLA TCK Design and Planning; 320 Glencoe St. Denver, CO 8022(} lklein �a�tckdesinand tannin .co7°n Phone: 720-242-7947 Attending Staff: Meredith Reckert, Senior Planner Lauren Mikulak, Planner 11 Wade Saner, Planner 1 Dave Brossnian, Development Review Engineer Specific Site Location. Southwest corner of W. 38'x' Avenue and Kipling, including: 10050 West 38"' Avenue, 10 10 1 West 38`'' Avenue, 3795 Kipling Street, 3785 Kipling Street Existing Zoning: Commercial -Cine (C-1) Existing Comp. Plan: Mixed -Use Commercial, Primary Commercial Corridor, Community Commercial Center Existing Site Conditions: The subject property is composed of four parcels located at 10050 West 38Ih Avenue, 10101 West 38'h Avenue. 3795 Kipling Street, and 3785 Kipling Street. The property is zoned Commercial -One (C-0. The proposed development is comprised of a 6.3 acre redevelopment site at the southeast corner of West 38"' Avenue and Kipling Street. Surrounding properties include a variety of land uses. To the north, across West 38"' Avenue, is a dental center zoned Planned Commercial Development (' PCD). Directly east, adjacent to the dentist office, is vacant land zoned Residential -One (R- I) and a gas station at the northwest cornet, of 38`" and Kipling zoned Comm=ercial -One (C- I ). Catty -corner from the site, on the northeast corner of West 38"' Avenue and Kipling Street. is another gas station zoned C-1. East of the subject site is a restaurant zoned C-1 and Discovery Park. Discovery Park is 7.17 acres on the cast side of Kipling Street owned by the City of Wheat Ridge and zoned Planned Commercial Development (PCD). To the south of the subject property is an office center zoned Restricted Commercial (R -C). To the southwest of the redevelopment site are a number of parcels zoned Residential -Three (R-.3 )) and Residential -Two (R-2) occupied by single-family and multi-farnily homes. Directly northwest of the Sprout's site is the remaining 2.9 acres of the total redevelopment. This is future site of a senior living facility owned and operated by MVG Development and NlorningStar Senior Living. Based on Jefferson County Assessor's records, the subject property is made of four parcels with a total area of 148,317 square feet (3.40 Acres). The three parcels are under three separate owners, and incorporate three separate addresses. The following chart was compiled using Jefferson County Assessor's records: Curb cuts on all sides of the site currently provide street access., most will need to be consolidated with the proposed redevelopment. Applicant/Owner Preliminary Proposal: The applicant, MVG Properties, is proposing to re -subdivide the entire 6.3 acre site and to develop a Sprouts grocery store on Lot 4 where the thrift store is currently located. The application will serve as the master developer for the site. seeking approvals for the plat and civil documents that affect all four of the proposed lots, IQ Current Lot Configuration Proposed Lot Configuration Cross-access easements and major interior drives will provide primary access to all sites from a single curb cut on West 38`h Avenue and from two curb cuts on Kipling. A secondary access to Lot 1 is proposed off of West 37`h Place. Truck access to Sprouts would be from a new access point at the corner of West 37`h Place and Kline Street. This will provide easy access to the loading dock on the west of the proposed building and sufficient turning radii for a tractor -trailer. The applicant is proposing a screen wall along the loading dock to provide a buffer from the residential development to the west. Landscaping along this west side would further provide a buffer to the adjacent properties. On January 16, 2014 staff met with another representative from MVG Properties and MomingStar Senior Living Facilities to discuss the proposed development of the western portion of the site (Lot 1) at West 38`h Avenue and Lee Street. The details of this site plan are not included in this pre - application summary. Specific users or development proposals for Lots 2 and 3 are not known at this time. When development is proposed for these sites in the future, a separate pre -application meeting will be required. Planning comments: The following items were discussed based on the applicant's proposal: Zoning The property is zoned Commercial -One (C-1). This zone district was established to provide for areas with a wide range of commercial land uses which include office, general business, retail sales and service establishments. The applicant's proposal for Lot 4 is classified as a "grocery or convenience stores," which is a permitted use in the C-1 zone district. Uses for lots 2 and 3 will need to be assessed as to their permitted use at the time of their submittal. Will a neighborhood meeting need to be held prior to application submittal? No, and neighborhood meeting will not be required for the proposed development. Review Process Based on the proposed development, two land use applications will be required: 1. A subdivision application will be required for the entire 6 -acre site. This application will include all four lots (6.3 acres) and the review will include two public hearings. 2. The second application will be a site plan review for the development of the Sprouts Farmer's Market proposed on Lot 4. This application will be reviewed administratively. Both review processes are outlined in more detail at the end of this meeting summary. The two applications can be submitted concurrently. Site Design The Commercial -One (C-1) zone district has specific development standards that apply to all types of new development. This includes standards related to setbacks, parking, and landscaping. The following sections include a summary of standards that will apply; please refer to the city code for all applicable requirements. The purpose of the site plan application for Lot 4 is to confirm that the proposed development complies with all zoning code requirements. Setbacks and Development Standards Section 26-218 establishes development standards for the C-1 zone district. The following is a summary of those requirements: Commercial-OneDevelopment Max. Height 50 feet Max. Lot Coverage 80% Min. Land scape Coverage Setbacks 20% West (front) 0 - 20 feet build -to East (rear) 15 feet min. South (side) 0 feet min. in nonflammable North (side) 0 feet min. if nonflammable * Build -to requirement as specified by the ASDM, see below. Please note that maximum height is measured from the average elevation of the finished grade of the building to either: a) the highest point of the roof surface for a flat roof, or b) to the deck line of a mansard roof, or c) to the mean height level between eaves and ridge for a gable, hip, gambrel or other roof. 4 P(tving, & Parking, In the City of Wheat Ridge, any area subject to wheeled traffic for access or parking is required to be hard Surfaced with concrete or asphalt. This means that all access drives and parking areas will need to be paved. The required number of parking spaces will be determined by section 26-501 which establishes off- street parking ratios based on land use. The proposed use is classified as a retail establishment, for which off-street parking is required at I space per 200 square feet of first floor area. Certain areas of the building may be excluded from the floor area for the purpose of parking calculations. These include mechanical/utility rooms, restrooms, elevators/stairwells, hallways, show windows, and common/kitchen areas. Proposed Site Plan Minimum size standards for parking spaces and drive aisles are outlined in section 26-50I ..E. I I of the zoning code. Handicapped parking spaces will need to be provided based on the total number of required parking spaces (see Sec. 26-50I.E.9). When Lots 2 and 3 are developed, additional parking will be required based on the land uses being proposed. At the time, parking may be accommodated on Lots 2 and 3 or additional parking spaces may be provided on Lot 4 and utilized by future development under a shared parking agreement. Two central drive aisles were proposed for the Sprouts development at currently existing access points on Kipling Street. The throw (#1 on the proposed site plan) for the northeast access point will need to be extended to allow for stacking from Kipling Street. Staff will require on submittal plat drives to be shown for Lots 2 and 3. Internal circulation at the offset convergence of the north access drive from West 368"' Avenue and the northern drive aisle (#2 on the proposed site plan) will need to be aligned, or extend the throws to create an intersection at that point. Two central drive aisles were proposed for the Sprout's development at currently existing access points on Kipling Street. The throw (#I on the proposed site plan) for the northeast access point will need to be extended to allow for stacking from Kipling Street. Staff will require on the submitted plat drives to be shown for Lots 2 and 3. Internal circulation at the offset convergence of the north access drive from West 381, Avenue and the northern drive aisle (#2 on the proposed site plan) will need to be aligned, or extend the throws to create an intersection at that point. Landscal,fing, New development is required to meet the minimum landscape requirements outlined in section 26-502 of the zoning code. A landscape plan is required as part of the site plan application package. The following is a brief summary of the requirements that apply: • One (I ) tree and ten (10) shrubs are required for every one thousand ( 1,000) square feet of required landscape area. • At least 20% of the lot area must be landscaped. • Up to 35% of the required landscape area may be non -living material including bark., rock, or ornamental objects, or usable outdoor patios. • All landscaping must be irrigated. The location. dimensions, and square footage of all landscaped areas should be provided on the landscape plan. In order to clarify what areas of the site are designated as landscaping -living or nonliving -it may be necessary to provide an additional exhibit. Architeclut-al andSite Desig!n 14anual OISMP All new construction in the C-1 zone district is subject to the design requirements of the Archilectio-al and Site Design aAlfanual (ASDM). and the subject property is located within the Contemporary Overlay District. In general. the ASDM promotes high quality site development and architecture by establishing standards for connectivity, facade design, and material variation. Where there is a conflict between the zoning regulations and the ASDM, the ASDM takes precedence. 'file applicable sections include the site design standards in chapter 3 and the Commercial/Retail and Mixed -Use building design standards in section 4.1. Regarding the transparency requirement. the building design will need to comply with the standards for retail. Kipling is technically considered the primary faqade, but based on the unique street and building orientation, the transparency requirements will apply as follows: the north facade should be 60% transparent and the cast fficadc should be 30% transparent. For facades visible from Kipling Street, a level of finished architectural quality shall be designed to the human scale. Each facade that faces a street or public spaces (north . cast, and west) will need to have at least one variation in plane depth., a minimum of one foot for 50 linear feet of the length of the facade. Please note that the build -to requirement will be applied to the Kipling Street frontage and will require that the building mass be located within 0-20 feet of the right-of-way reservation line—more specifically, 40% of the frontage should contain building mass within the first 20 feet. Tile ASDM can be downloaded from the City's website: http'//NAI-,VW.Ci.wh I Building Division Comments: The building division was not present at the meeting. 6 The City has adopted and currently enforces the 2006 Edition of the International Codes and the 2011 Edition of the National Electrical Code. The City uses the 2003-A 117.1 ANSI Standard in determining requirements related to building accessibility. Please contact Chief Building Official John Schumacher for any additional questions related to building codes or required submittals for future building permits. He can be reached at 303-235-2853 or jschumacherna ci.wheatrid e.co.us. Public Works comments: Public Works was present and the following items were discussed based on the applicant's proposal: Streetscape Streetscape improvements along the West 38th Avenue and Kipling Street frontages are dictated by the City's Streetscape Design Manual. In order to promote high-quality, multi -modal streets throughout Wheat Ridge this manual establishes design standards for the City's commercial corridors. New development along collector and arterial streets requires installation of public improvements. In the Streetscape Design Manual roadway classifications West 38th Avenue is listed as a minor arterial. Kipling Street is listed as a principal arterial for the city. The standard street section for West 38th Avenue and Kipling Street is a 6 -foot detached sidewalk and 6 -foot amenity zone or tree lawn. Along West 38th Avenue it appears the curb is in the correct location, but the improvements behind the curb will need to be upgraded to meet the current Streetscape Design Manual standards. Along Kipling Street the improvements along the curb will need to be adjacent to the existing right-of-way designation. Sidewalk improvements along Kipling Street, required by the Streetscape Design Manual should be designed to align with abutting properties to the southeast that do not have similar improvements. The entire Streetscape Design Manual is available for download from the City's website, and standards for West 38th Avenue and Kipling Street are discussed on pages 10-11 and 14-15: http://www.ci.wheatridge.co.us/DocumentCenter/HomeNiew/2742 Access and Circulation Staff will require a traffic study be conducted incorporating the entire redevelopment site at West 38th Avenue and Kipling Street. The traffic study will be required at the time of submittal for the first phase of development for the site. Right -of -Way Dedication West 38th Avenue, Kipling, and Lee Street are all substandard based on current width standards and right-of-way dedications will need to be provided by plat. Sufficient right-of-way (ROW) will need to be dedicated along the West 38th Avenue frontage to accommodate a 6 -foot wide detached sidewalk and a 6 -foot wide amenity zone. Depending on the traffic analysis done for the site additional 12 -feet of ROW may be required to accommodate a turn lane to serve the development. Sufficient ROW is needed along the Kipling Street frontage to accommodate a 6 -foot detached sidewalk with a 6 -foot amenity zone. Depending on analysis from the traffic impact study and input from the Colorado Department of Transportation (CDOT), additional ROW may be required along Kipling Street. While improvements are not required on other frontages, Lee Street is also substandard in width so a dedication of 10 -feet should be shown on the plat. No ROW dedication will be required on West 37`h Place and Kline Street. Staff will require a traffic study be conducted incorporating the entire redevelopment site at West 38`h Avenue and Kipling Street. The traffic study will be required at the time of submittal for the first phase of development for the site. Right -of --Way Reservation Along Kipling Street a 30 -foot wide strip will need to be reserved for future widening of the street. The western boundary of the reservation needs to be 75 -feet west of the section line. The property owner will retain all rights to use the reservation area until such time as the future widening of Kipling Street. At the time of future Kipling widening, the reservation will be purchased by CDOT at fair market value from the property owner. It is recommended by staff that no permanent structures or drainage facilities be built within the reservation area. Drainage Site drainage requirements are based on the area of disturbance created by new development. For this site, the area of disturbance created will be calculated for the entire 6 acres and a master drainage plan for the entire site may be submitted with the subdivision application. For more information, please refer to the Public Works comments that were distributed at the meeting. You may also refer to the Site Drainage Requirements available on the City's website (http://www.ci.wheatridp,e.co.us/index.aspx?nid=64 or contact Dave Brossman in the Public Works Department. Review Process The proposed development will require two applications: a subdivision plat for the entire site and a site plan for Lot 4. These can be submitted concurrently, or the subdivision applications can be submitted first. The first step in the process began with the pre -application meeting on January 30, 2014. For future development of Lots 2 and 3 development a separate pre -application ►neeting will need to be scheduled. Site Plan Review Process For the development of Lot 4, the next step is to proceed with a Site Plan review application. An appointment with a planner is required to submit a land use application; incomplete applications will not be accepted or reviewed. As with the subdivision application, the site plan will also be sent on referral to outside agencies and other City departments. Comments will address any areas in which the proposed development does not meet zoning requirements, such as setback/build-to requirements, site design, building design, parking requirements, etc. 8 Modifications to the application may be required as a result of these comments. The applicant must address all comments and resubmit relevant documents and drawings to show that the proposed development meets the zoning requirements. Once all comments and requirements have been met, the case manager will refer the Site Plan application to the Community Development Director for final approval. A copy of the approved Site Plan will be kept on file at the Community Development Department. Approval of the Site Plan application does not mean that a building permit has been issued. Once site plan approval is attained, the applicant may submit a building permit application with final civil documents to the Building Division. Minor Subdivision with Dedication Process The subdivision process officially begins with the submission of a complete land use application and fee. An appointment with a planner is required to submit a land use application; incomplete applications will not be accepted or reviewed. The subdivision application should include the master drainage report and traffic study. After a complete application is submitted, a staff planner will be assigned to handle the case. This person is the project manager for the case and will be the contact at the City throughout the entire process. Upon submittal, the application will be reviewed by the case manager and sent to affected agencies for review. Service agencies (Xcel Energy, water district, fire district, etc.) and other City departments (Public Works, Building Division, etc.) will be given 15 -days to review the application and respond with corrections or comments. After all comments have been received, the case manager will forward them to the applicant. Modifications to the plat document may be required as a result of these comments. This review and comment process may occur several times before scheduling a public hearing. After all comments have been addressed, a public hearing before Planning Commission will be scheduled. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals. Prior to the Planning Commission hearing, publication in the Wheat Ridge Transcript, notice to adjacent landowners within 300', and posting of the property with signs are required. The City will coordinate the publication, will mail the notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. The case manager will prepare a staff report with findings and a recommendation which will be presented at the Planning Commission public hearing. At the hearing, after the staff report is given, the applicant and members of the audience will be given a chance to give testimony regarding the application. For minor subdivisions with dedications, Planning Commission makes a recommendation to City Council who is the final authority. The same requirements for adjacent landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. While a subdivision request may be approved at a public hearing, it does not become effective until the plat document is recorded with the Jefferson County Clerk and Recorder's office. D Within 60 days of approval, a blackline Mylar of the plat with original signatures and fees must be provided to the City for recording with the Jefferson County Clerk & Recorder's office. A subdivision improvement agreement with financial security will be required for the street paving. This agreement is typically executed and recorded at the time of subdivision Mylar recording. Utility Providers The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Consolidation Mutual, phone: 303-238-0451 • Westridge Sanitation, phone: 303-424-9467 • Wheat Ridge Fire, phone: 303-403-5900 All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Attachments: Public Works Comments, Subdivision Handouts, Site Plan Review Handouts Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Planner 11 303-235-2845 Wade Sanner — Planner 1 303-235-2849 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 10 City of W heat �idge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. January 30. 2014 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Pre-AI)Wication Meeting Southwest Corner W. 38`' Ave. & Kipling St. (MVG Properties) Public Works Requirements: The following will need to be submitted for review and approval with the Land Use Application: Master Drainage Report and Plan (1 hardcopy and 1 PDF file): A Master Drainage Report signed and sealed by a Professional Engineer licensed in the State of Colorado shall be required. The Report must include calculations for 100% of the Water Quality Capture (WQCV) volume for the entire subdivision. The Report must detail how the drainage for each proposed Lot will be handled, describe what on-site water quality measures will be employed, and how the developed stormwater from the subdivision will be conveyed to Lena Gulch. The Drainage Plan must show the historical drainage pattem(s) as well as the proposed pattem(s) for the subdivision, and include details of all permanent water quality features. Please refer to the City of Wheat Ridge Site Drainage Requirements found on the Public Works\Development Review page of the City's website (see Note 4 below). 2. Traffic Impact Study (I hardcopy and I PDF file): A full Traffic Impact Study signed and sealed by a Professional Engineer licensed in the State of Colorado shall be required for this development proposal. 3. Final Plat : It is assumed that this parcel will be platted along with the larger development and that includes the parcels lying to the east abutting Kipling Street. The above-mentioned ROW dedication will need to be shown on the subdivision plat. All plat submittals must adhere to the following (per Section 26-407 of the Municipal Code of Laws): a. Must use City -based bearings/coordinates (per Section 26-407-D-6 of the Municipal Code of Laws). The Current City Datum is a ground-based modified form of the NAD83/92 (NAD83 HARN) State Plane coordinate system (see Note 4 below). b. All section ties are to be to Section or''/4 Section corners or City of Wheat Ridge PHAC points only. c. To be approvable the Plat should contain all items found in the City's Final Plat Review checklist. d. PW plat submittals shall be comprised of: i. 1 - 241IX36" hardcopy and ii. 2 electronic files as follows: 1. 1 file in AutoCAD 2010 DWG format (including all associated SHX and external reference files), AND 2. 1 file in PDF format. www.ci.wheatridge.co.us Public Works Engineering January 30, 2014 Page 2 2. ROW Dedications: a. W. 38`h Avenue: Sufficient Right -of -Way will need to be dedicated along the W. 381h Avenue frontage to accommodate a 6.0' wide detached sidewalk and a 6.0' wide amenity zone. From the City aerial photos it appears that the existing curbing may be saved and the back of curb used as the starting line of the 12' (6' sidewalk w/6' amenity zone). Please note that depending on the outcome of the Traffic Impact Study for the subdivision, an additional 12' of Right -of -Way may be required for a turn lane to serve the development. If this is to occur then the existing curbing will need to be removed and new curb & gutter constructed 12' further south. b. KiViinQ Street: Sufficient Right -of -Way is needed along the Kipling Street frontage to accommodate a 6.0' wide detached sidewalk with a 6.0' wide amenity zone. Depending on the outcome of the Traffic Impact Study and the response from the Colorado Department of Transportation, additional Right -of -Way may be required along the Kipling Street frontage. 3. ROW Reservation: Along KiplingStreet: treet: A strip approximately 30 feet in width along the Kipling Street frontage will need to be reserved on the plat for future Right -of -Way. The westerly boundary of the reservation needs to be 75.00' west of the east line of the NE quarter of Section 28. No new permanent structures or drainage facilities may be constructed within the area of reservation. The property owner will retain all rights to use the reservation area until such time as the future Kipling widening project commences. The area of reservation will then be purchased at fair market value at the time of the future Kipling Street widening project to be completed by the Colorado Department of Transportation. 4. Items to Accompany the Final Plat (per Sec 26-407 of the Municipal Code of Laws): a. Geodetic Surveying Requirements: A completed Geodetic Surveying Requirements sheet must accompany all Final Plat submittals. b. Closure Sheet: A closure sheet for the platted boundary as well as for all internal lots shall accompany the Final Plat submittal. Please note the boundary must close within 1:50,000 as required by Code. ITEMS OF NOTE: 1. Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all public improvements including but not limited to, drainage -related items such as detention ponds, outlet structures, drainageways or pans, and curb, gutter, and sidewalk. a. A 6 -foot wide detached sidewalk with 6 -foot wide amenity zone will be required for both the W. 381h Avenue and Kipling Street frontages. The westerly edge of the 6' detached sidewalk along Kipling Street will need to abut the ROW Reservation line, with the 6' amenity zone lying directly to the east of the sidewalk. b. Include street plan and profiles for any proposed curb & gutter or other roadway improvements along property frontages. www.ci.wheatridge.coms (01-30-14) SW corner 38th-Kip1ing_MVG propenies.docx Public Works Engineering January 30, 2014 Page 3 c. Include all applicable City standard details for all proposed constructed items (please see Note 4 below). The City of Wheat Ridge generally conforms to CDOT standards, so if no City standard detail is available please refer to the CDOT M -Standards. 2. Stormwater Management Plan: This site in general is greater than one acre in size. If the area of disturbance will meet or exceed one (1) acre, then a Stormwater Management Plan (SWMP) associated with the required CDPS Permit shall be submitted to the City of Wheat Ridge for review and approval (please see related Note 1 below). The SWMP must be approved by the City prior to issuance of any Building Permits. The CDPS Permit is generally obtained by the contractor at time of Building Permit Application and a copy must accompany the final submittal of the SWMP. 3. Stormwater Maintenance Agreement and O & M Plan: All post -construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For stormwater quality facilities including, but not limited to, above -ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stonmceptere or Contech CDS®, hydrodynamic separation systems such as a Contech Vortechs , or for any other approved post -construction BMP, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Schedule/Log shall be required prior to issuance of the Certificate of Completion. The O & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. 4. IMPORTANT INFORMATION Information pertaining to the Public Works development and drainage requirements, land surveying, platting and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridge.co.us Please be advised that the Department of Public Works performs all development reviews electronically. If the required Adobe PDF or AutoCAD DWG files are not included in the submittal as required, the submittal will be considered incomplete and will not be reviewed. www.ei.whestridge.com s (01-30-14) SW corner 38th-kip1ing_MVG Properties.docx _ . • . _ Bicycle and Pedestrian Master Plan 64' Minimum ROW 6' Mm. 6' Mm. 2.5' 12' 11' 12' 2.5' 6' Mm. 6' Min. Side Buller/ Lane Left Tum Lane Buffer/ Side- walk Amenities Lane or Median Amenities walk Cross -Section A3: 3 -Lane Arterial W. 38th Avenue Corridor 72' Minimum ROW 6' Mm 6 Min. 2.5' 4' 12' 11' 17 4' J2,5j 6 Min. 6' Min. Side- Buffer/ Bike Lane Left Tum Lane Bike Buffer/ Side- walk Amenities Lane Lane or Median Lane Amenities walk • o ANl F Cross -Section A3B 3 -Lane Arterial with Bike Lanes 6T Minimum ROW 6' Min, 6 Min. 4' 12' 11' 12' 4' 6 Min. 6' Mm. Sidle- Roadside Bike Lane Left Tum Lane Lane Bike Roadside Side- walk Ditch Lane Lane Duch walk • Cross -Section A3B1 3 -Lane Arterial with Bike Lanes and Roadside Ditches ® © Ped LiveWell Figure 5 M., P Ik. 3 -Lane Arterial Cross -Sections 038 LE 'CIR ' _ l' 8S� 03 5 KIPLI ST li,l . '1 ♦ N_ r 3842 LEE C R 10191 W 38TH AVE 10135-WI--38TH AV 3865 KIPLING S 0 OS K STO 0 FL 099,T. "8TH AVE 0 905 1`J %3P7HA E 221 W 38TH AV A ANT LAND 73 2 LEE IR At - II -I ti 1 IIIII t o Ilu ppa l a II • JUNG L+VA ANT LA 3795 S ••.. 09800 H AVI 10200 W 36TH AVE + 1. �.. i_ ; 9( 1 IN(•i. 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