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HomeMy WebLinkAboutLLA-97-1 me cny or ADMINISTRATIVE PROCESS APPLICATION Wheat GU 1~~ra Department of Planning and Development _1~ S 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Larry Ackerman Address ArvadaarCO a80002e Phone423-4669 Applicant: Mahrohk Boroumand,P.O.Box 117639, Burlingame, CA 94011.415-593-561 Ovmer Boroumand, Mahrokh Addres's7540 W 44th Ave. Phone 415-593-5619 Location of request 7540 W. 44th Avenue, Wheat Ridge, CO. Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ~ Other s~ / De$a~led Descrip on of request y~~u(1 K.t S~/'ctV`. V'L ~,p~ ~+~~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Mahrokh Boroumand, P. 0. Box 117639, Burlingame, CA 94011 415-593-5619 Vernon Vohoska, P. 0. Box 437, Wheat Ridge, CO 80 i 988-8814 Mortgeg I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. ~~ ~ ~ G Na `,~~ /~ /~ Signature of Appli ~,~o /~ F~„ .b~arnr dd~ ~ol gorcv.nau~ o (( ~~ / Subscribed and sworn to me this) day ~ 19-1~ Notary Pub c SEAL My commission expires Date Received Receipt No. Case No. _- --- GENERAL POWER OF ATTORNEY STATE OF CALIFORNIA ) ss. COUNTY OF San Mateo ~ KNOW ALL MEN BY THESE PRESENTS, that I, Mahrokh Boroumand, the undersigned, of Burlingame, California, hereby make, constitute, and appoint Larry C. Fulton of Denver, Colorado, my true and lawful attorney-in-fact for me and in my name, place, and stead, giving unto said Larry C. Fulton, full power to do and perform all and every act that I may legally do through an attorney-in-fact, and every proper power necessary to carry out the purposes for which this power is granted, with full power of substitution and revocation, hereby ratifying and affirming that which her substitute shall lawfully do or cause to be done by herself or her substitute lawfully designated by virtue of the power herein conferred upon her. The said attorney-in-fact is hereby empowered to grant, bargain, sell, convey, trade, encumber, or to contract for the purchase, sale,. trade, conveyance, or encumbrance of my personal and real property, and in particular to do so with respect to the real property more particularly described on Exhibit A attached hereto; and my said attorney-in-fact is hereby empowered to collect in my name' such monies as may become due me from the sale, conveyance, encumbrance, or .purchase thereof and to make, execute, acknowledge, and deliver contracts of sale and assignments thereof, good and sufficient deeds of conveyance, installment land contracts, promissory notes, deeds of trust, mortgages, financing statements, chattel mortgages, and other instruments in writing of every kind and nature, including, but not limited to, sale and loan closing statements and the endorsements of checks and/or drafts, containing such terms and such warranties and covenants of mine as my said attorney-in-fact may deem necessary and convenient in connection with the sale, conveyance, purchase, or encumbrance of said real property and personal property. Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, including, but not limited to, the execution of deeds conveying the real estate described above, with full power of revocation hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney is a durable power of attorney pursuant to Section 15-14-501 of the Colorado Revised Statutes 1973, as amended, and shall not be affected by disability of the principal. J ~,I~,N~ WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of May, 1997. . ten( ~~ Mahrokh Boroumand Subscribed and sworn to before me this ,t ~~1~ 1997 by Mahrokh Boroumand. day of May, Witness my hand and official seal. My commission expires: _ ~-~ l ~~ ~~~~ Notary Public NEELAM BHALLA COMM. #7030677 wpraar ws~~c - ca.~oarau SAN MarEp ~~Y Ca:'m, &pi25.A1~N 79rvjD~ ~z~ Lot 3, . • TIME SQUARE. SUBDIVISION, • EXCEPT THAT PORTION OF LOT 3 LYING SOUTH OF THE NORTHERLY LINE OF LOT 1, TIME SQUARE'SUBDIUISION AS IF EXTENDED FROM THE EAST LINE OF SAID lOT i TO THE WEST LINE OF SAID LOT T, WF{ICH LINE BEARS SOUTH 89 .~ DECREES 55 MINUTES 50 SECONDS WEST AND WHILH LINE IS THE SOUTH LINE OF THE NW 1/4 NW i/4 SE i/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO. ~. • a:" ° REAL ESTATE, INC. - ~wus~ft ~ a ~ ~r~° I ~ ~~ t J~~a~j r a V J~ x n. ~ 3~ { 1i~ ~ .,i7 ~ i •~~J~"f ~ ~ ,a y~ y' e .,I a ~ ~ r , w?,r~x/~_ ~ s E ~ s i ^ Ik?: a '~' ~ ' ~ 1i ~ 1 .4 a T, ~ ~ +~~ ~ by y,A e 1 ~ /~ .~; ~ ~ t August i 1997 "say a } ~ ~ ' ~ :~~~~ry', X n a ~ s ;~ ~s °i ~ l ` Y. $r m,.. ~~ , i a ' > :~ ~ t) ~ Ms. Mereddh,l2achert `~~, +, ~ - . Acting Planning Director Department of Planning and Development City of Wheat Ridge .7500 West 29"' Avenue Wheat Ridge, CO 80033 RE: L'ot Line Adjustment Application X540 West 44"' Avenue, Baroumand - ,r , Dear Meredith: ~~ ~~ At the request of the owner of the subject property, Mahrokh Boroumand I am submitting herewith, in triplicate, an ADMINISTRATIVE PROCESS APPLICATION for a lot line adjustment between Lot 3 and Lot 4 of the Time Square Subdivision. t am submitting . with the Application, the following: A. The executed ADMINISTRATIVE PROCESS APPLICATION, signed by attorney Larry Fulton, along with his executed General Power of Attorney B. LOT LINE ADJUSTMENT AGREEMENT executed by the owners of Lot 3 and Lot 4 of Time Square Subdivision. ,; ,~ ~ ... , . 1, ~, :: 2,~ s~,~ ,,.. , ': ~ I C. QUIT CLAIM DEED, deeding the lot Ime adjustment property. This deed w111 be recorded at the time of fhe closing of the sale of the remaining portion of Lot 3 We ;_ 'w request that you issue to us a letter of approval so that we are assured that the Lot Irne ,. -•-. ,, `;. Adiustment has been approved , D Lot drawing as prepared by R8~R Engineering showing (1) the new remaining area Lot 3, (2) the area covered in the lot line adjustment and the area being transferred ~!` from Lot 3 to Lot 4 and {3) the original Lot 41-all of the Time-Square Subdivision We would appreciate your ieview Arid approval of this lot line adjustment at your earliest ` cornenience.:The closing on the sale of the reduced Lot 3 property is contemplated by .._, " August 7, 1997. Please call me if you have any questions or need additional information. ,AA: at F I - ~ IY 4~ 1 i A 0 >~,i' YSb.M yn4 I I i t ;sr~ ' T ~ t `~ v' j8' j e i 1 ' 3 ~ e ' .,;' ~'C,~Y's I a i + x ^"--„x J Y ,~" ~ a ~ ~' j I :..! ! ~ r 4,.. r+l`; ~ { a. "A1Y~[' t ~: t.^ '~ .~ I tiro ~ ` ` }L L~ a L ~l~5tx~~' ~ yY P~ ~1 ~'a! y ~ '~ -. 5.460 Ward'ROad, Swte 220 ~ Arvada,~Colorado 80002 • 303/423-4669.• Fax 303/423-0717 "~ ~'. .,, :a'f>~ i ~ Lali}I Iil:~cGt m~ cc. Larry Fultor Mahrokh Bi .. , ,. -_$ i aE: ~ t' ~°^$ xT, hk?. iii . ez r , y' ~~y~x~rv. ~, x a {c r t: f ~ . .n.'~. k 1~.;y . a" a }'aa k~w~l, ' ~ { { A4R~~ ~ i ~ 1~ ' .. ' ~f ~-i-'s •,,-~ y~'d3-ih' 4 i ~4 i I i t' ~ f' 'tYld -- p" ,[+ ~,a ., c" ~ ~. t ,. ~~ ~ -~ H, i z, _.L, 1 1 ~ o vl~ -F~ t J ~ }~, 1 I N^ .. I. . N 1 a YY ~ S ~ . a , ~ ~, r 9 . + y ,ta M1 }~ .. t p 1 11 S ~ b~ ~ f' 1. y~ Yt JI a ling Department , ; ,,.. - t ~„~ x ion ~a4 ~ '~ 1 ~ i a ~'i ~ p ~x=c~ +, gal r t~ ~ fil ~ ; .«. ;i - r~~~c ~'~ r ~~,1, ~i'. + ,~< ~ A7 ~t~ ~ , ~ ~ x' ~, ry~; .I3 ~ i~T§t Y ~ ~1 ~ ~, c ai Estate; I ~, ~ _, 5 tr - ~ ~ ~ 11 }}!y ~'ha i~ t ~ y t !~ ~j. 15 .. I 1. 7 '^L 1'. ;. i. ' 1A a `: a"~~A+k ~~ i' - ~'~~; ~; ,,~ ~yc S i S'e A i a+,i a< ~~~5 t .4;. f ~~`~ ~~ ~'P ' Y, ~ l a^r ii+ i ~ -4 b4. ~., { + ~ 1 f 1 ~: I t 5; ~k ~ ~i ,.. ., .~ 1 . , ~ Y' kt 4 ~ 1t~ } ~ t .y x 1 -t~~s i 1 ~ ~~ 1'1 MM ' S [~?Y 1: f1a r ~ { ~1~ ~ ~ _ f < , ks ~ ' i 3- ~ r j. `~f ~i ~ ~ ~p 4~w. ~~ '. ~ t f ` ' €r . , y .. ' ~°,; ,; ,.. 1;.,,, :, ~t1 ~ 4 f {r y ~ 1 . k S ~ 3 ' t~ {4. ~ § ~ '. ~ -~ y- f.~ j r ~ r s ' .'.k J; ~ x ~ t1 '.ya (~ 9Ri } j.~ ~ 'y ~. f lu 1 See ~~ ~a. ~ ~~ ~ ~ ~ 4 1 . . ~ ; ~ 9 ~ t -_i^i ~ -~ li.; L r ~i~ r.t: ~r August 5, 1997 TO: ~ ~Jo~n McGuire FROM: ~eredith Reckert RE: Lot Line Adjustment (Case No. LLA-97-1) Attached please find an application for a lot line adjustment for properyt located at 7540 West 44th Avenue. I would appreciate your review in light of the procedure established for this type ~f application. ~' ~ ~-- 4 ~+ OIIIT CLAIM DEED MAHROKH BOROUMAND, whose address is P.O. Box 117639, Burlingame, California 94011-7639 for good and valuable consideration hereby sells and. quit claims to ENAYATALLAH BOROUMAND, as to an undivided 25$ interest and to ENAYATALLAH BOROUMAND, Trustee of the 1980 AGB TRUST as to an undivided seventy percent (75$) interest, whose address is P.O. Box 117639, Burlingame, California 94011-7639 the following described real property in the County of Jefferson, State of Colorado, to-wit: SEE EXFIIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE A copy of the AGB TRUST is attached hereto as Exhibit "B", which Exhibit "B" describes the beneficiaries of said TRUST and defines the TRUST under which the grantee is acting. With all of its appurtenances. Executed this ~ ~ day of July, .1997. ,ti MAHROKH BOROUMAND STATE OF CALIFO IA ~ ) ~I ~-~t~ ) ss. COUNTY OF ~ ) The foregoing instrument was acknowledged before me this day of July, 1997, by MAHROKH BOROUMAND. _ WITNESS MY HAND AND OFFICiCIAL SEAL. My commission expires: ft; -~' Z~~ KA1ST11VANDVA-FtSHEA r ~ BOGCYq.OVA Z ~ •• C.OMM.aRt113041 G ~ Z NOTARY PUBLIC-CAl1FCPNIA T n m 8 ~ j My C . Em ie~OCT 0 ,2000 borounand\gitclaim. ded __ -- - EXHIBIT A LEGAL DESCRIPTION FOR LOT LINE ADTUSTMENT A PARCEL OF LAi~ID BEIi IG A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, AS '" RECORDED Ii I BOOK 70, AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED - IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 - WEST OF THE SIXTH PRINCII'AL MERIDIAN, COUNTY OF JEFFERSON, STATE OF j COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, SAID TIME SQUARE SUBDIVISION; THENCE N89°56'20"E ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 195.00 FEET; THENCE S00°02'46"W, A DISTANCE OF 32.25 FEET; THENCE N89°56'20"E, A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3; THENCE S00°02'46"W ALONG SAID EASTERLY LINE, A DISTANCE OF 55.32 FEET; THENCE LEAVING SAID EASTERLY LINE, S89°56'20"W, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY LIlVE OF SAID LOT 3; THENCE N00°03'46"E ALONG SAID WESTERLY LINE, A DISTA,'VCE OF 8757 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 24,465 SQUARE FEET, OS616 ACRES tifORE OR LESS. THE BASIS OF BEARINGS IS THE WEST LINE OF LOT 3, TLVIE SQUARE SUBDIVISION, BEING N00°03'46"E AS SHOWN ON THE RECORDED PLAT. THE NORTHWEST CORNER OF SAID LOT 3 IS A FOUND CROSS IN CONCRETE. THE SOUTHWEST CORNER OF SAID LOT 3 IS A FOUND 3/8" REBAR. Prepared by: Robert B. Taylor, P.L.S. X10 Inverness Drive East, Suite 229 Englewood, CO 80112 xa~zoziz~ (~ 7-Z- 97 - ~:~-~« EXHIBIT A ~' - 44TH AVENUE _-__-__-__-__-____r-______T I LOT 4 ~ TIME SQUARE SUBDIVISI^N ~ I i P. O. B. i ~ NW C^R., L^T 3 IN 89°56'20' E 195.00' S 00'02'46' W ~ 32,25' I 3 ~ I ~ ~ N 89'56'20' E ~ 24,465 SQ, (/~ ` c ~ ~ ` S 89°56'20' W 328.67' ~ I ~ \ 30' UTILITY EASEMENT ~\ i ~~ HY PLAT BK.70, PG.42 ~ L^T 3 I~ ~ ~ TIME SQUARE SUBDIVISI^N I I 35' NON-EXCLUSIVE INGRESS-EGRESS EASE. ~ REC. #87066226 . • 0 50' 100' SCALE: 1 "=50' THIS EXHIBIT DOES NOT REPRESENT A A PART OF LOT 3, ~ MONUMENTED SURVEY. IT IS INTENDED TIMES SQUARE SUBDIVISION ONLY TO DEPICT THE ATTACHED DESCRIPTION. LOT LINE ADJUSTMENT R ~ R Engineers-surveyors, Inc. Date: -97 Checked b . R6T X10 Inverness Drive Eost. Suite 229 - Englewood, Colorado 80112 Job No.: KF720.2 Rev. 7-2-97 (303)792-2846 ,.1 LOT LINE ADJIIBTMENT AGREEMENT THIS AGREEMENT is made and entered into this 30 ;/, day of July, 1997, by and between MAHROKH BOROUMAND ("MAHROKH") and ENAYATALLAH BOROUMAND, individually ("BOROUMAND") and ENAYATALLAH BOROUMAND as Trustee of the 1980 AGB TRUST (the "TRUST"). R E C I T A L S A. MAHROKH is the owner in fee simple and is in possession of the following described real property located in Jefferson County, Colorado: A parcel of land being a portion of Lot 3, Time Square Subdivision, as recorded in Book 70, at Page 42, records of Jefferson County, located in the Southeast Quarter of Section 23, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the Northwest Corner of Lot 3, said Time Square Subdivision; thence N89°56'20"E, along the North line of said Lot 3, a distance of 195.00 feet; thence S00°02'46"W, a distance of 32.25 feet; thence N89°56'20"E, a distance of 133.54 feet. to a point on the Easterly line of said Lot 3; thence S00°02'46"W along said Easterly 'line, a distance of 55.32 feet; thence leaving said Easterly line, S89°56'20"W, a distance of 328.67 feet to a point on the Westerly line of said Lot 3; thence N00°03'46"E along said Westerly line, a distance of 87.57 feet to the Point of Beginning. ("Lot 3") B. BOROUMAND and the TRUST are the fee owners of the following described real property located in Jefferson County, Colorado: '~ Lot 4, Times Square Subdivision, Jefferson County, Colorado ("Lot 4") C. MAHROKH, BOROUMAND and the TRUST have reached an agreement whereunder MAHROKH will convey a portion of Lot 3 to BOROUMAND and the TRUST in order to accomplish a Lot Line Adjustment which would change the north line of Lot 3 and the southerly line of Lot 4 (the "Lot Line Adjustment Property). D. MAHROKH has contracted to sell Lot 3, except for the Lot Line Adjustment Property which will be conveyed to BOROUMAND and the TRUST in order to accomplish the lot line adjustment. It is _._ ---- __ expressly understood between the parties, that the conveyance of the portion of Lot 3 necessary to accomplish the lot line adjustment, will occur contemporaneously with the closing of the sale of Lot 3 (less the Lot Line Adjustment Property). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, together with the mutual promises contained herein, the parties do hereby agree as follows: 1. Contemporaneously with the closing of the sale of Lot 3 (less the Lot Line Adjustment Property) MAFIROKH will convey the Lot Line Adjustment Property as described on Exhibit "A" attached hereto and incorporated herein by reference, to BOROUMAND and the TRUST which deed shall be in form and content as is attached hereto as Exhibit "B" which Exhibit is hereby incorporated herein by reference. 2. That upon the conveyance of the Lot Line Adjustment Property to BOROUMAND and the TRUST, the common property line between Lot 4 and Lot 3 shall be determined to be the most southerly line of the Lot Line Adjustment Property. 3. This Agreement shall be construed in accordance with the laws of the State of Colorado. 4. In the event any action is brought or commenced to enforce the terms of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney's fees. 5. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. EXE~ as of the day and year first above written. ~~_ / 1/ MAHROKH BOR - ENAYATALLAH BOROUMAND, individually 1980 AGB TRIIST ~A 0 p <~rLCCQ~ ~ JAL f+-i c~ LC By: ENAYATALLAH BOROUMAND, Trustee 2 STATE OF ~IFORNIA ` ) 1 ~, ,- ) ss. COUNTY OF' ; .-~j l~,'!~`~-Zv ) '~ The foregoing instrument was acknowledged before me this day of July, 1997, by MAHROk'Fi BOROUMAND. WITNESS MY HAND AND OFF My commission expires: ~ •~• ~ BOGONlLOVASHER Z Z ~ '~ No ~aOrM~euc 'CN3.IPoRNN ~ ~; MY Comm.E~aL~~, ~ppp STATE OF CALI ` I~Aj} 1 ~ ss. COUNTY OF~C~~'~ TI I`~ ) Q~ The foregoing instrument was acknowledged before me this c,~l day of July, 1997, by ENAYATALLAH BOROUMAND, individually and as Trustee of the 1980 AGB Trust. WITNESS MY HAND AND OFF My commission expires: ~ 1(AISiIIVANOYA-FISHER Z ~ BOGONILOVA y COMM. #1773041 ~ ~ NOTARY PUBLIC-CALIWfiNIA Z ~ '' „ . ocrac zaoa ~.rye boro~meed\Lotlirx.agr 3 ____, EXHIBIT A LEGAL DESCRIPTION FOR LOT LINE AD7USTiV1ENT A PARCEL OF LA1~ID BEING A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, AS RECORDED IN BOOK 70, AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXIT-i PRINCII'AL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, SAID TIME SQUARE SUBDIVISION; THENCE N89°56'20"E ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 195.00 FEET; THENCE S00°02'46"W, A DISTANCE OF 32?5 FEET; THENCE N89°56'20"E, A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3; THENCE S00°02'46"W ALONG SAID EASTERLY LINE, A DISTAI~ICE OF 55.32 FEET; THENCE LEAVING SAID EASTERLY LINE, 589°56'20"W, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE N00°03'46"E ALONG SAID WESTERLY LINE, A DISTANCE OF 8757 FEET TO THE POINT OF BEGINZVI,i IG. PARCEL CONTAINS 24,465 SQUARE FEET, OS616 ACRES MORE OR LESS. THE BASIS OF BEARIi IGS IS THE WEST LI`i IE OF LOT 3, THE SQUARE SUBDIVISION, BEINGN00°03'46"E AS SHOWN ON THE RECORDED PLAT. THE NORTHWEST CORNER OF SAID LOT 3 IS A FOUND CROSS IN CONCRETE. THE SOUTHWEST CORAIER OF SAID LOT 3 IS A FOUND 3/8" REBAR. Prepared by: Robert B. Taylor, P.L.S. X10 Inverness Drive East, Suite 229 En~.ewood, CO 80112 iCF7201:ag .~ -- - - -- - .- , EXHIBIT B QIIIT ChAIM DEED MAHROKH BOROUMAND, whose address is P.O. Box 117639, Burlingame, California 94011-7639 for good and valuable consideration hereby sells and quit claims to ENAYATALLAH BOROUMAND, as to an undivided 25$ ipterest and to ENAYATALLAH BOROUMAND, Trustee of the AGB TRUST whose address is P.O. Box 117639, Burlingame, California 94011-7639 the following described real. property in the County of Jefferson, State of Colorado, to- wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE A copy of the AGB TRUST is attached hereto as Exhibit "B", which Exhibit "B" describes the beneficiaries of said TRUST and defines the TRUST under which the grantee is acting. With alI of its appurtenances. Executed this day of July, 1997. MAEiROKH BOROUMAND STATE OF CALIFORNIA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me -this day of July, 1997, by NAHROKFi BOROUMAND. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public _ borounend~giteieim.dcd i'Ra7 CJ ty J: i 5!.0 k'dF SI 141 f ; AVF. tW 1!„ V2{{{. lfi iNp ,L. CO AD;'i 5~b; 1:~, ~:roa; a_ . .,,u ~elVheat Ridge Cdy Admire P-nn +' 23-059:4 G'r~li~ ~= f7oPt ~%,x :' 2:i5v.~ ~Y August 8, 1997 Mr- Buddy Hines, P.E- R & R Engineers, Inc. #10 Inverness Drive East Suite 229 - -- Englewood, Colorado 80112 Re: Times Square Subdivision Lot 4 {perkins Restaurant), 7540 West 44t1z Avenue - First Review of Plat for Lot Line Adjustment° Dear Mr. Hines, The City has completed the first review of the above referenced document submitted Y-o t};is efEi~:e ..*; August 1, 1997, with thr_ following comments noted: 1. Please note %he title as: "Lounda?-y Survey Plat For Lot Lire Adjustmc,nt To LOLS 3 and 4 'Time Square Subdivision". 2. Please provide the necessary identification information to subdivision corner red-lined, or provide ties to the section- 3. Please remove parking space locations. 4. Please note the original and proposed area of Lots 3 and 4- 5. Please note the areas east and west. of Time Square Subdivision by subdivision name, or as unplatted. 6- Please provide lot number south of Lot 4. 7. Please note as red-lined the original and proposed line between lots 3 and 4. 8. Please provide a legal description for lot 4. 9. Please provide a legal description for lot line adjustment area. 10. Please provide signature blocks for all relevant property owners and Wheat Ridge planning director. Please return red-lined print with second submittal package- ~~ ;>„ , If you have any questions regarding these items, please contact Mr. John McGuire, L.S. at 235-2858. S' rely, / . Greg Mnudson Development Review Engineer cc: John NicGuire, City Surveyor Meredith Recker.ti, Se;iior Planner File 7j00 V~'est'39th A~'enuc Wheat Ridge; Colorado 80033 Telephone ;0~!?37-69-1-3 F.A~ 30;1?;4-593-I August 11.1997 Enayatallah Boroumand, individually and as Trustee of the 19890 AGt3 Trust c/o Karsh & Fulton, P.C. Attn: Larry C. I=upon 9>0 South Ch~rr}~ Streei, it170 Denser, O 803" Chicago Title of Colorado, Inc. 1 R i ~ Lawrence Street Dencer, CO RE: Lot Line .4djusUnent Agrrcuunt Lots 3 and 4. Time Squam Subdi~"ision, Jefferson County, Colorado t0 THE ADDRESSEE: Ridb e Please take this letter as the approval by the City of Vdheat Ridge of the lot line adjustment between Lots 3 and 4, Time Square Subdivision. as referenced in the attached Lot Line Adjustment Agreement. "the lot line adjustment as referenced in the Lot Line Adjusunent Agreement complies with current Cit1 policy with regard w lot line adjustments prop idcd all changes outlined in the August 8, 1997, memorandum from Greb Knudson are completed. Sincerely. PLANN[NG AND DEVELOPMI:N"f Meredith Reekert Senior Planner TGc~ City of Y{''J1 P(11 Attachment AUG= 8-97 FRI 16:30 COMMERCIAL WEST August 8, 1997 ~~ ~~. C Wes~~ial REAL ESTATE, Inc. 5460 Ward Road, Suite 220; Arvada, Colorado 80002-181$ (303) 423-4669 FACSIMILE DATE: NO.OF PAGES: (IOduding coversheeq TO: COMPANY: FAX#: FROM: FAX#: FAX N0. 13034230717 P.OI Meredith Richert City of Ta'heat Ridge 235-2857 Larry Ackerman 423-0717 REMARKS: Attached is the language that would satisfy the title company and Boroumand so that we could record the lot line adiustment at closina. I£-this setter meets with your approval you can type this on the City's letter head and Z will pick it up Monday afternoon. Thanks for your help. Confidential'dv Notic®: The documents accompanying this telecopy transmission contain confidential information belonging to the sender. The information 3s intended only far the use of the individual or entity named above. If you are not the intended reoipient, you are hereby notified that any disclosure of this information is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone to arrange for reium of the Original documents to us. THANK YOU. Please call 423.4669 if you have any questions or if all pages Were not received. AUG ~ 8-97 FRI. 16,30 COMI1ERCIAL WEST FAX N0. 13034230717 p, p2 flUG 08 '97 16.26 FR KgRSH 8 FL1.7DN 303 782 0902 TO -0230717 P.02/92 •. CITY OF i~BEAT R.'EDGB 7500 West a9th Avenue wheat Ridge, Colorado 80215 August, 1997 8nayatallah Borauatand, individual]:Y and as Trustee o! tha 19890 7SGS TLUSt C(o Xarah fc Fulton, P.C. Attn: Larry C. Fulton 950 South Cherry Str®at, X710 Denver, Colorado 80aaaz Chioago Title o£ Colorado, Ino. 1875 Lawrence Street Denver, Colorado ~..~ t~~ i o ~~ , s~` ry ~~ ~° , . ~~ l ~. ~.~' ~~~ ,' ~~ C. n~~ c.~ .r'~ +~, .ta 1 ~;~•: ,"~ i f s ~`s R®: Lot Line Adjustment Agrednerit Lots 3 and 4, Time•square Subdivision, JeE£g7rson County, Colorado TO THE ADDRESS: ~/'\ 1( ~ n ~ 1.1 ~ E f_ -'~`~~ i Please take this letter as the approval by the city oP wheat Ridge of the lot line adjustment betveen Lots 3 and 4, Time Square Subdivision, as referenced in the attached Lot Line Adjustment Agreement. The lot line adjustment as referenoed in the Lot Line Adjustment Agreement complies vith ourrent city policy with regard to lot line adjustments. COY©v i c~ Pd cz. ! ~ G k~~ Ou?l- ~ ~ k~.rl ~~ r~ -~-'G~~. Y'-~Cr,~,~a~' gl ~ ~ ~ ~ V truly Yours, fA- t . ,~ ... KJ/L (~S _ ~p ... ~ v-. C^f Karnes r.. ev~- Title: for the City of Whea qg .1..4 TATM pMt 1X1 yy AUG, 8-97 FAI 16:31 _ _.. COMt7ERCIAI WEST FAX N0. 13034230717 P, 03 LOT LZNE I~DJIISTMENT AGREEMENT THIS AGREEMENT is made and entered into this 3a ~ day of July, 1997, by and between MAHROKFi BOROUMAND ("MAHROKH") ahd ENAYATALLAH BOROUMAND, individually ("BOROUMAND") and &`:AYATALLAH BOROUMAND as Trustee of the 1980 AGB TRUST (the "TRUST"). R E C I T A L S A. MAHROKFi is the owner in fee simple and is in possession of the following described real property located in Jefferson County, Colorado: A parcel of land being a portion of Lot 3, Time Square Subdivision, as recorded in Book 70, at Page 42, records of Jefferson County, located in the Southeast Quarter of Section 23, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as ,follows: Beginning at the Northwest Corner of Lot 3, said Time Square Subdivision; thence N89°56'20"E, along the North line of said Lot 3, a distance of 195.00 feet; thence Soo°02'46"W, a distance of 32.25 feat; thence N89°5620"E, a distance of 133.54 feat to a point on the Easterly line of said Lot 3; thence S00°02'46"W along said Easterly 'line, a distance of 55.32 feet; thence leaving said Easterly line, S89°5620"W, a distance o€ 328.67 feet to a point on the Westerly line of said Lot 3; thence N00°03'46"E along said Westerly line, a distance of 87.57 feet to the Point of Beginning. ("Lot 3"} B. BOROUMAND and the TRUST are the fee owners of the fallowing described real property located in Jefferson County, Colorado: Lot 4, Times Square Subdivision, Jefferson County, Colorado ("Lot 4") C. MAHROKH, BOROUMAND and the TRUST have reached an agreement whereunder MAHROKH will 'convey a portion of Lot 3 to BOROUMAND and the TRUST in order to accomplish a Lot Line Adjustment which would change the north line of Lot 3 and the southerly line of Lat a {the "Lot Line Adjustment Property). D. MAHROK$ has contracted to sell Lot 3, except far the Lot Line Adjustment Property which will be conveyed to BOROUMAND and the TRUST in order to accomplish the lot line adjustment. Zt is _ _ __ __ _ _ AUG- 8-97 FRI 16:32 COMMERCIAL WEST FAX N0. 13034230717 P, 04 expressly understood between the parties, that the conveyance of the portion of Lot 3 necessary to accomplish the lot line adjustment, will occur contemgoraneously with the closing of the sale of Lot 3 (less the Lot Line Adjustment Property}. NOW, THEREFORE, Por good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, together with the mutual promises contained herein, the parties do hereby agree as follows: 1. Contemporaneously with the closing of the sale of Lot 3 - (less the Lot Line Adjustment Prapezty} MAIiROKH will convey the Lot Line Adjustment Property as described on Exhibit "A" attached hereto and incorporated herein by reference, to BOROUMAND and the TRUST which deed shall be in form and content as is attached hereto as Exhibit "B" which Exhibit is hereby incorporated herein by reference. 2. That upon the conveyance of the Lot Line Adjustment Property to BOROUMAND and the TRUST, the common property line between Lot 4 and Lot 3 shall be determined to be the most southerly line of the Lot Line Adjustment Property. 3. This Agreement shall be construed in accordance with the laws of the State of Colorado. 4. In the event any action is brought or commenced to enforce the terms of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys fees. 5. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. EXEC-~D as of the day and year first above written. . ~ M [~ MAFIROKH B - ENAYATALLAH BOROUMAND, individually 1980 AGB TRIIST ENAY ALLAH BOROUMAND, Trustee RUG: 5-97 FAI 16:33 COMMERCIAL WEST FAX N0, 13034230717 P, 05 STATE OF CALIFORNIA ~ ) COUNTY OF4/i"•i N I~ ~~ ) sg• The foregoing instrument was acknowledged before me this s~ day of July, 1997, by MAFTROICH 80ROIIMAND. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~ i~ - ~ -2 r kAIST11YAH0YA+'151ffJr ~` ~ ~~ COM~tbC3oa~ ~ Notary'~SUb11C Z "°rw+w~'aa v~ D yr~n er:aaceroa,~ooo '` STATE OP CALIFO 2A f ) ~`1 t ) ss. COUNTY OF \~ ~ ~ ) The foregoing instrument was acknowledged before me this day of July, 1997, by ENAYATALLAH BOROUMAND, individually anti ~a Mrn@tPP of the tAR~ AGB Trust. boramerMllotl i na. aqr 3 AUG.- 8-97 FRI 16:33 CO[7MERCIAL WEST FAX N0. 13034230717 P. O6 EXHIBIT A LEGAL DESCRIPTION FOR LOT LINE AD7US ~ ~ A PARCEL OF LAe~1D BEI'iVG A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, AS RECORDED IDi BOOK 70, AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23, TO WNSHII' 3 50UTH, RANGE 69 WEST OF THE SETH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH'GVEST CORNER OF LOT 3, SAID TIlvIE SQUARE SUBDIVISION; THENCE N89°56'20"E ALONG TES NORTHLINE OF SAID LOT 3, A DISTANCE OF 195.00 FEET; TFiF1CE S00°02'46"W, A DISTANCE OF 32_5 FEET; THF,i ICE N89°56'ZO"E, A DISTANCE OF 133.54 FEET TO A POIIvT ON THE EASTERLY LINE OF SALD LOT 3; THENCE S00°02'46"W ALONG SAID EASTERLY LINE, A DISTANCE OF 55.32 FEET; THENCE LEAVIlVG SAID EASTERLY LIIv'E, S89°56'20"w, A DISTA_~ICE OF 328.67 FEET TO A POINT ON THE WESTERLY LENS OF SAID LOT 3; THENCE N00°03'46"E ALONG SAID WESTERLY LINE, A DISTANCE OF 8757 FEET TO THE POIIv'T OF BEGIN~IG. PARCEL CONTAINS 24,465 SQUARE FEET, Oa616 ACRES DQORE OR LESS. THE BASIS OF $EARNGS IS THE WEST LL~tE OF LOT 3. TIME SQUARE SUBDIVISION, BEING N00°03'46"E AS SHOWN ON THE RECORDED PLAT. THE NORTHWEST CORNER OF SAID LOT ; IS A FOUND CROSS IlY CONCRETE. THE SOUTHWEST CORNER OF SAID LOT 3 IS A FOUND 3!8" REBAR. Prepared by: Roben B. Taylor, P.L.S. 10 Inverness Drive East, Suitev'-9 Englewood, CO 80112 KF720._Isg ..::~- __ _ __ - -_ _ AUG- 8-97 FRI 16;34 COMhIERCIAL WEST FAX NO 13034230717 _ P 07 a -•- EXHIBIT A 44 TN AVENUE -- -----------------------------------1- I i LET 4 1 TIME SQUARE SUBDIVISION I f f I P. D. B. i ~ NW COR., LOT 3 ' _ •• N 89'56'20' E 195,00` S 00'02'46' W ~ 25' I 32 . 3 I I N 89'55'20' E ~ ~ I 133.54' 3 ~ h I 24,465 SQ,F7. iv ~ b w 0.5616 ACRES ~ o o 1 itt o y ~ I y ~ ~ 5 89°56'20' W 328.67' 1 ~ .. I ~ I ` 30' UTILITY EASEMENT ~. ~ ~ I Y PLAT BK.70, PG.42 ~ ~ ~ LOT 3 • I ~ TIME SQUARE SUBDIVISION I I ~ 35' NpN-EXCLUSIVE EASE. RE ~' I I it87066226 REC 3;+ - 0 50' 100' SCALE f'=50~ .~ ~ THIS EXHIBIT DOES NOT REPRESENT A APART OF LOi 3. MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. TIMES 50UARE SU9DIVISION LO? LINE ADJUSTMENT R Lc REngineers-Surveyors, Ina i 29 ts 2 ~10 invomt# Drivt Eea4 Su _ _ Oate: - 7 ked b . R8i Chee Englewood, Colorodo $0112 JaD No.: Kf"720.2 _ Rev. T-2-97 (303)792-2848 Drawn B • RBT - ~ .~ AUG= 5-97 FRI 16:35 COh1MERCIAL WEST FAH W0. 13034230717 P. 08 E~zBZx s OIIZT CLA2H ,.D~En 1SAAROKEi BOROUMAND, whose address is P.O. Box 117639, Burlingame, California 94011-7639 for good and valuable considezation hereby sells and quit claims to ENAYATALLAH BOROUMANb, as to an undivided ZS$ interest and to ENAYATALLAH BOROUKAND, Trustee of the AGH TRUST .whose address is P.O. $ox 117639, Burlingame, California 94011-7639 the following described r@al property in the County of Jefferson, State oP Colorado, to' wit: SEE £XIiIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE A copy of the AGB TRUST is attached hereto as Exhibit "B", which Exhibit "B^ describes trie beneficiaries of said TRUST and defines the TRUST under which the grantee is acting. With all of its appurtenances. Executed this day of July, 1997. MAHROKH BOROUMAND STATE OF CALIFORNIA ) } ss. COUNTY OF ) The foregoing instxument was acknowledged before me this day of July, 1997, by MAHROIQ3 BOROUMAND. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Publ C boratmm~d~gife[ai^.d[d _.. v `I~ _~y. n _~ ~ J~ _ ~-~j W H E A T 7500 WEST 2'9'T FI AVENUE F A C .~ I M I L E R I D G E WHEAT RIDGE, COLORADO 80215 RAX# (303) 235-2857 From: `~~~"lJ! ~ ~(G~YL~ Date: ~ ~~ ` 9~ No. of Pages Z- (not including cover sheet) Comments: PLANNING AND ZONING - PARKS AND RECREATION PUBLIC-WORKS - -' - °- ~ = 03 235-2861 (303) 235-2846 (303) 235=2877 ~ ) a NE VE 4 TH A 4 N 89°56`~~" E ~.2-~~5.~- - ® HC 16 SP CE 1 4' i i SOT 4 I TI U E SUBDIVISION PERKINS~ RESTA~.IRANT ~ ~ r . C RE, 1.K FLAG PULE I DRIVE ~ ~ I 9 6 D E 95,DD a ,M ~ ~ 0 DD 02 4 W ~ 32~ A TRASH 9' 4 VELIHT N 8 56`8D' E 3. 4' r I ~ ~C3NCR T tJALK ~1 h Q~ ~ - - ~ 4 ~ - tt~ 40 © D 8D (d ~ s = ti - - C''} I I tf> ~ ~C4 65 SQ,F , SCALE 1` _ ~0' ~ ~ 0 X16 AC S ~ ~ , o f I ~ N 89 56 ZO E Q 328.67 ~ ~d LOT LINE ADJUSTMENT REC. # ~ p ~ 30~ ' T QTY "ASEM NTI ~ ~ EA 30 U ll. E ~ ~ Q BK HY PLAT BK.70, PG.42 ~ ~ \ ~ I ASPHALT _F ~ 1 ~ I~ ~ ~ ~ ICJ d' ~ _ ~ ~ I ~ i~ ~ I A I 1 TANK L~ ~ - / ~c S B ~ , r ~ ~ c-~ ~ ~ TI [1'Y EASEMENT ~ .r Lw:..1 U L ~ HY PLA? BK,10, PG.42 / ASPHALT ~ ~ I! ~I { I 35 N©N-El(CLtlS1VE 1NGRESS-EGRESS EASE. S R k 7 EC. 8 060226 W fi I X T N ~vCR TE EISIGCC~ E ~ ~ 1 ~ o tiD ~ ~ ~ ~ c' 1 ~ c~ I L~ _ a ~ © o I o c~ I o o ~ I _ f ~ !Or 3 I ~ Y ~ ~ ~ T11~E SQUARE SUBDf~1iSION I I I i I 1 I ~ ~ 3 I ~ I I ~r I ~ a~ a~ t o~ I ~ ~ I v~. - - - - ~ I _ _x_89°56'20" W 32&69' File Name ~ ( I Plot Date I ~ I I Date 7-28-97 Shoot Drawn ROT Checked HJH Job No. KF720.2 of