HomeMy WebLinkAboutWA-06-05
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Telephone 303/235-2846
FAX 303/235-2857
The City of
Wheat
Ridge
May 12, 2006
Mark Giordano
498 W. Iliff Ave.
Denver, CO 80223
Dear Mr. Giordano:
RE: Case No. WA-06-0S
Please be advised that at its meeting of April 27, 2006, the Board of Adjustment APPROVED
your request for a variance to the maximum allowable height for billboards under Section 26-711 for
property zoned Commercial One and Industrial and located at 4901 Marshall Street for the following
reasons:
1. The hardship is topographical and is created by a severe grade change which would
render a conforming billboard substantially invisible. From the perspective of the
highway, the billboard at 50 feet will not appear as over-height.
2. The hardship has not been created by a person having interest in property.
3. Granting the variance would not change or alter the character of the neighborhood.
4. As a mitigating circumstance, there is no residential zoned property within the direct
line of sight for several hundred feet in all directions.
5. A letter of approval of the variance was submitted by an adj acent property owner.
6. Three other billboards exist with height variances with similar reasons occurring.
7. A 50-foot billboard has occurred historically on this site with no complaints registered
with the city.
8. Staff recommended approvaL
With the following conditions:
1. The face of the billboard must be oriented perpendicular to Interstate 70.
Enclosed is a copy ofthe Certificate of Resolution, as well as a draft copy ofthe minutes, stating the
Board's decision which became effective the date of the meeting, April 27, 2006. This variance shall
automatically expire within one hundred eighty (180) days of the date it was granted, October 24,
2006, unless a building permit has been obtained.
Mark Giordano
Page 2
May 12, 2006
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
~~~
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: Copper Fields Land Holdings, LLC
4901 Marshall St.
Wheat Ridge, CO 80033
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Building File
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CERTIFICATE OF RESOLUTION
(CO)rPY
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 27th day of April. 2006.
CASE NO: WA-06-05
APPLICANT'S NAME: Copper Fields Land Holdings LLC
LOCATION: 4901 Marshall Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. W A-06-05 is an appeal to this Board
from the decision of anadrninistrative officer; and
WHEREAS, the property has been posted the fifteen days required by law, and in recognition
that there were protests registered against it, in particular by CBS Outdoor and Mile High
. Outdoor; and
WHEREAS, the relief applied for MAY be granted without detriment to the public welfare or
substantially impairing the intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Case No. W A-06-05 be,
and hereby is APPROVED.
FOR THE FOLLOWING REASONS:
1. The hardship is topographical and is created by a severe grade change which would
render a conforming billboard substantially invisible. From the perspective of the
highway, the billboard at 50 feet will not appear as over-height.
2. The hardship has not been created by a person having interest in property.
3. Granting the variance would not change or alter the character of the neighborhood.
.4. As a mitigating circumstance, there is no residential zoned property within the direct line
of sight for several hundred feet in all directions.
5. A letter of approval of the variance was submitted by an adjacent property owner.
6. Three other billboards exist with height variances with similar reasons occurring.
Board of Adjustment
Resolution W A-06-0S
Page two (2)
7. A 50cfoot billboard has occurred historically on this site with no complaints registered
with the city.
8. Staff recommended approvaL
WITH THE FOLLOWING CONDITION:
The face of the billboard must be oriented perpendicular to Interstate 70.
NO:
ABSENT:
ABBOTT, BELL, BLAIR, HOVLAND,
HOWARD, LINKER, REINHART
None
DRDA
VOTE:
YES:
DISPOSITION: A request for a variance to the maximum allowable height for billboards under
Section 26-711 for property zoned Commercial One and Industrial was APPROVED.
ADOPTED and made effective this 27th day of April. 2006.
.~~~
Ann Lazzeri, Secretary
Board of Adjustment
For the following reasons:
DRAFT
1. The property may still receive a reasonable return in use. The
property may still be used as a siIigle-farnily residence without a need
for variance..
2. The applicant has created the hardship by requestiIig a garage of this
size and iIi this location. The perceived hardship simply does not rise
to the level significant enough to allow the Board to approve the
requested variance.
3. The request would not result in a substantial benefit or contribution
to the neighborhood distinguished from an iIidividual benefit on the
part ofthe applicant.
4. There are alternatives to construct a garage and meet the R-2
development standards, or lessen the degree ofthe variance
requested.
The motion for denial passed 5-2 with Board Member BELL and LINKER
votiIig no.
Chair BELL advised the applicant that his request for variance was demed.
r c.
Case No. W A-06-05: An application filed by Copper Fields Land
Holdings, LLC, for approval of a variance to the maximum allowable
height for billboards under Section 26-711 for property zoned Commercial
One and Industrial and located at 4901 Marshall Street.
Board Member ABBOTT disclosed that he was acquainted with the applicant and
his attorney through a business club relationship and that he had no financial or
personal interest in the case before the Board.
This case was presented by Travis Crane. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. Staff recommended approval of
the variance for reasons outlined in the staff report.
Board Member HOWARD asked how many billoboards in Wheat Ridge were 50
feet or more in height.. Travis Crane replied that it is difficult to fairly ascertain
height for all those billboards because so many are old. Three variances have
been granted in the past 10 years to billboard height due to large grade change
between highway and billboard. Three were denied in the past 20 years.
Board Member BELL asked if the city has a period of time when a
nonconforming use expires. Mr. Crane explained that the use may continue
, indefinitely unless that us'e is eliminated. To be replaced, it must then conform or
Board of Adjustment
4-27-06
-4-
DRAFT
have a variance. The original billboard was 50 feet in height but no record of
variance or building permit could be found in city files.
In response to a question from Board Member BLAIR, Mr. Crane stated that the
trees in question were in CDOT right-of-way and that at a billboard height of 32
feet, only 8 feet would be visible from the highway.
At this time, all individuals who wished to address this case stood and were sworn
in by Chair BELL.
Tom Ripp
Boatright, Ripp and Sharp
Mr. Ripp, attorney for the applicant,. stated that a variance is being requested on
the basis of hardship. He submitted into the record copies of the posting
certification, correspondence in favor of the variance from the property owner to
the east, and a certificate ofresolution dated October 10,1996 which granted a
height variance to another applicant. He also presented copies of photographs
showing different views of the billboard. He commented that the billboard is
. located near Clear Creek in a nonresidential area and has been in place for at least
20 years.
Worthy Cummings
4901 Marshall Street
Mr. Cunnnings, the applicant; stated he was available to answer questions.
In response to a question from Board Member HOWARD, Mr. Cummings
explained that the billboard would be leased to various advertisers. The sign
would be exactly the same size as the existing sign that has been in this location
for over 20 years.
In response to a question from Board Member BELL, Travis Crane explained that
this b~llboard could have continued at 50 feet in height if there were no change in
lease or ownership.
Dan Scherer
4647 Leyden Street, Denver
Mr. Scherer, general manager of CBS Outdoor, spoke in opposition to the
variance. CBS Outdoor was the prior lessee of this billboard. The board directly
to the north of the subject billboard is operated by CBS and is 32 feet in height.
His company currently manages 8 billboards in Wheat Ridge and none are above
32 feet. CBS was the lessee on the subject property prior to December and
offered to extend that lease with Copper Fields, at 32 or 50 feet in height, but they
chose to go with United, a competitor of CBS. He stated that CBS would love to
have all their billboards in Wheat Ridge at 50 feet. He further stated that CBS is
in the process of compiling applications to the Board of Adjustment to increase
the present height of all of their billboards to 50 feet.'
Board of Adjustment
4-27-06
- 5 -
DRAFT
Harry Sach
11808 W. 44th & 12505 West 44th
Mr. Sach stated that he has a CBS billboard on his property as well as one next to
Medved. They are both 32 feet in height. He stated that he would also like to
have 50-foot signs that would be more visible from the highway.
Alan Weiss
9745 E. Hampden, #200, Denver
Mr. Weiss is Executive Vice President of Mile High Outdoor Advertising which
has 3 billboards in Wheat Ridge, all of which are 32 feet in height. He stated
opposition to the variance request. He stated that his company's request for a
similar variance in 1997 for a 50-foot billboard on the south line of76 west of
Sheridan was denied. His billboard cannot be seen by eastbound traffic and his
company has suffered hardships ever since the variance was denied. He
submitted copies of the minutes from the Board meeting where his request for
variance was denied.
Richard Holme
1550 1 ih Street, Denver
Mr. Holme, attorney for CBS Outdoor, Mile High Outdoor and Lamar
Advertising Companies since 1972, stated that, in all this time, he had never heard
of a Board allowing a billboard to be erected so it could be seen over trees
intentionally planted by anyone. He clarified that the subject billboard was built
prior to 1970 without a variance and is therefore a nonconforming grandfathered
use.
He addressed several criteria in Section 26-115 of the city code to be considered
by the Board when considering variances and stated the following:
. The property could cOlitinue to operate without a variance.
. It would probably not alter the character of the locality.
. . A number of Wheat Ridge billboards are blocked because ofthe 35 foot
height limit. Therefore, this case does not present a unique hardship.
. If this variance were to be granted, the Board would be hard pressed to deny a
variance of 50 feet for other billboards that have similar blockage problems
and it would therefore have a detrimental effect on the public welfare.
He asked the Board to deny the variance request and commented that the property
owner would not be hurt but the billboard advertiser could be hurt.
Worthy Cummings returned to the podium. He stated that they wanted to
change companies which necessitated removal of the existing billboard and
building a new one in its place. He requested that they be allowed to replace the
old billboard with one ofthe same size.
Board of Adjustment
4-27-06
- 6-
DRAfT
Th~re were no other individuals desiring to speak at this time. Chair BELL
closed the public testimony.
Jerry Dahl addressed that argument that granting of a variance in this case would
result in setting a precedent for other cases. He stated that the Board of
Adjustment deals with site-specific cases and cannot be in a position to decide
this case based on what other cases might occur. This case needs to be decided on
its own merits and provisions in the code.
Board Member REINHART commented that an unusual grade differential exists
that is worthy of consideration in determining whether or not there is a hardship.
Board Member ABBOTT commented that the primary intent ofthe 32-foot height
limitation on billboards was to keep them from being obtrusive to the surrounding
, population and especially residential districts. Sinc~ there have been no
complaints about this billboard since 1970, it appears the public does not perceive
this location to be obtrusive. Otherwise, the city would have received complaints.
In response to a question from Board Member BELL, Jerry Dahl stated that the
city does not have an amortization program for billboards of any height other than
in the B-1 District.
Board Member BELL expressed her struggle with a decision in this case. She
stated that she understood CDOT planted trees with the desire to improve the
driving experience and in this case the billboard would be visible for only 8 feet
above those trees. She expressed concern about distractions for drivers traveling
at a high rate of speed along the highway.
Upon a motion by Board Member ABBOTT and second by Board Member
BLAIR, the following resolution was stated:
Whereas, the applicant was denied permission by an admiIiistrative officer;
and
Whereas, Board of Adjustment Application Case No. W A-06-05 is an appeal
to this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fIfteen days required by law, and
in recognition that there were protests registered against it, in particular by
CBS Outdoor and Mile High Outdoor; and
Whereas, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of
the regulations governiIig the City of Wheat Ridge.
Board of Adjustment
4-27-06
- 7 -
, ,
L
6.
DRAFT
Now, therefore, be it resolved that Board of Adjustment Case No. W A-06-0S
be, and hereby is approved.
For the following reasons:
1. The hardship is topographical and is created by a severe grade change
which would render a conforming billboard substantially iIivisible.
From the perspective of the highway, the billboard at 50 feet will not
appear as over-height.
2. The hardship has not been created by a person having interest iIi
property.
3. Granting the variance would not change or alter the character of the
neighborhood.
4. As a mitigating circumstance, there is no residential zoned property
withiIi the direct line of sight for several hundred feet in all directions.
S. A letter of approval of the variance was submitted by an adjacent
property owner.
6. Three other billboards exist with height variances with similar
reasons occurring.
7. A SOcfoot billboard has occurred historically on this site with no
complaints registered wit!1 the city.
8. Staff recommended approval.
With the following conditions:
1. The face of the billboard must be oriented perpendicular to Interstate
70.
Motion passed 7-0.
CLOSE THE PUBLIC HEARING
Chair BELL closed the public hearing and announced a break at 9:45 p.m.. The
meeting was reconvened at 9:55 p.m.
(Board Member REINHART left the meeting at 9:45 p.m.)
7. OLD BUSINESS
A. Board of Adjustment Bylaws
At the March Board of Adjustment meeting, the Board reviewed staffs
recommended changes to the bylaws. The Board reviewed and discussed
the bylaws which included modifications made at the March meeting. It
will be necessary to gain City Council approval of the changes before they
are implemented.
Board of Adjustment
4-27-06
- 8 -
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
April 27, 2006
Case No. WA-06-05 - An application filed by Copper Fields Land Holdings, LLC, for
approval of a variance to the maximum allowable height for billboards under Section 26-
711 for property zoned Commercial-One and Industrial and located at 4901 Marshall
Street.
Name
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CASE NO: WA-97-11-B
APPLICANT'S NAME: Mile High Outdoor
LOCATION: 6400 W. 49th Drive
Upon motion by Board Member ABBOTT, seconded by Board Member
WALKER , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-97-11-B
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment to
the public welfare and without substantially impairing the intent
and purpose of the regulations governing the City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application
Case No. WA-97-11-B be and hereby is APPROVED.
TYPE OF VARIANCE: An 18' billboard height variance to the 32'
height restriction
FOR THE FOLLOWING REASONS:
1. There is a 26' grade difference between I-76 and said
property.
2. There are existing billboards located within the area.
3. Graphics were presented which illustrate the lack of
visibility of a billboard placed at the 32'height
restriction.
WITH
1.
THE FOLLOWING CONDITION:
The appellant will not request
billboard prior to relocation.
any height above 50' for this
VOTE: YES: Abbott, Hovland,. Mauro, and Walker
NO: Howard and Thiessen
DISPOSITION: Billboard height variance denied by a vote of 4-2.
If. his ;t;h 1/, of
H(/f ,t"
P UL HOVLAND, Chalrman
Board of Adjustment
September, 1997.
~\\~~ L~\\~~~C\
Ma u Chap 1 a , Secretary
Board of Adjustment
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Janice and Russell Anderson
6470 West 48th Ave.
Wheat Ridge CO 80033
April 26, 2006
Board of Adjustment
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Re: Variance at 4901 Marshall St.
Dear Sir or Madam:
Weare the owners of the property immediately east of 490 1 Marshall St. and
we have received your notice concerning a variance at 4901 Marshall St. We
support Copper Field's application to raise their billboard.
We, too, have a billboard on our property, but we are fortunate that our
property sits at the top of a hill and at the same grade as 1-70. Looking from
our property down to Copper Field's, you can see that they are at the bottom
of a hill and that they also sit way below 1-70. They should be given the
opportunity to raise their sign above that hill and that embankment.
We know that a billboard has existed on that property for a long time - as
long as we have owned our property and as long as we can rernember. Such a
billboard did not and will not negatively affect our property in any way.
Should you have any questions, please call us at 303-424-0424.
Sincerely,
Janice Anderson
Russell Anderson
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PLANNING & PW
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CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that.the following Resolution was
duly adopted in the City of Whea~ Ridge, County o~ jefferson,
State of Colorado, 'on the 10th day of october, 1996.
CASE NO: WA-96-16,
APPLICANT'S NAME: 3N National Advertising
LOCATION: 4909 Marshall street
Upon motion by Board Member HOVLAND, seconded by Board Member
JUNKER I the following Resolution was stated.
WHEREAS, the applicant.was denied permission by an Administrative
officer; and
WHEREAS,' Board of Adjustment Application, Case No.
is an appeal to this Board from the decision of an
Officer; 'and
WA-96-l6
Administrative
. ,WHEREAS, ..the'.'property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the pUblic welfare and without substantially impairing the
intent and purpose of the regulations .governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-96-l6, be and hereby is APPROVED.
TYPE OF VARIANCE: A 32"billbqard he~9ht variance to the 32'
maximum allowed height
.
PURPOSEs .~o allow a '5Q' high billboard near Interstate 76
FOR THE FOLLOWING REASON:
1:' Tne Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the nine
specific questions to justify the variance, the evidence and
facts in this case do support the granting of this request.
'WITH THE FOLLOWING CONDITIONS:
1. A certified stamped engineer'S survey must be submitted with
t~~ building permit which calculates windload and shows the
elevational relationships between nearby 1-76 and the
property.
I
PLANNING & PW
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Case No. WA-96-16 Resolu~ion
Page 2
'2. Th.e re-designed billl;loard must comply with all other
development regulations stated in Section 26-412 of the
~eat Ridge Code of Laws.
3. The billboard be oriented perpendicular to Interstate 76.
VOTE: YES:
NO:
ASl?TAIN;
Hovland, Junker, Mauro, Thiessen and Walker
Howard .
Ec~elmeyer
DISPOSIUON:
Variance granted by a vote ofS-I, witb.Board
.Member HOWARD voting no, and Board Member
ECHELMEYER abstaining.
lOth day of October, 1996.
BR, Chairman
djustment
(L
Chapla, Secretary
Adjustment .
POSTING CERTIFICATION
CASE NO. \J~ ~~
PLANNING COMMISSION I CITY COUNCIL I~ARD OF ADJUSTME~ircle One)
HEARlNGDATE: I\.O"I~ 2.=+ ~
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I, c.op.pa ,f\H\)S L~ \-\Ol1)IA& Ul C C>>.€J!'1L ~E)
(name)
residing at L\'l~~\)ML s:r.
(address)
as the applicant for Case No. ~, hereby certify that I have posted the Notice of
Public Hearing at ~Ol HAaSUM.L S\ .
(10 cat ion)
on this \1. ~ day of
AA2l\.-
, 20 Jl:2..., 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.
,,~ / I
Signature: C:~,,-
u)~
NOTE: This form must be submitted at the public hearing on this case ar:d will be placed in the
applicant's case file at the Community Development Department.
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IMPROVEMENT
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SURVEY PLAT
ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH,
WEST OF THE SIXTH PRINCIPAL MERIDIAN
STATE OF COLORADO
SOUTHWEST
RANGE 69
COUNTY OF JEFFERSON,
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PARCEL DESCRIPTION
THAT PART OF THE SOUTHWO:ST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MffiIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER Of SAID SECTION 13; THENCE N 00'05'24" W,
ALONG THE WEST LINE S,4':D SOUTHWEST ONE-QUARTER, A'DISTANCE OF 594,3 FEET
TO A POIMi; THENCE N- 74'47'00" E, ALONG THE NORTH UNE Of TAACT DESCRIBED IN
BOOK 694 AT PAGE 20.3, A DISTANCE OF 295.30 FEET TO THE POINT OF BEGINNING;
THENCE N 74"47'00. E, ALONG THE NORTH l:INE Of TRACT DESCRIBED IN BOOK 694 AT
PAGE 203, A DISTANCE OF 5C9.03 F;::ET TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE Of MARSHALL STREET (COLORADO HIGHWAY NO, 72) SAlD POINT BEING ON THE
ARC OF A CURVE CONCAVE TO NORTHEAST; THENCE SOUTHEASTERLY ALONG THE
WEsTERLY RIGHT OF WAY LINE OF MARSHAlL STREET ANO ALONG THE ARC OF A CURVE
TO THE LEFr, HAVING A CENTRAL ANGLE OF 22'32'03", A RADIUS OF 1206.3 FEET,
. AN ARC DISTANCE OF 474.43 FEET TO A POINT WHICH IS THE NORTHEAST CORNER OF
TRACT DESCRI6ED UNDER RECEPTiON NO. B2074789, JlS CORRECTED BY INSTRUMENT
RECORDED UNDER RECEPTION. NO, 90024405, THE CHORD OF SAID ARC BEARS
S 22'32'03" E, 471.38 FEET; THENCE S 00'05'24" E, PARALLEL WITH THE WEST LINE
OF SAID SOUTHWEST ONE-QUARTER A DISTANCE Of 281.95 FEET TO THE SOUTHEAST
CORNER Of SAID TRACT; THENCE N 610630 W AlONG THE SOUTHERLY LINE OF SAID
TRACT AND ALONG THE NORTHEASTERLY L1NE.OF TRACT DESCRIBED UNDER RECEPTION
NUMBER 80069724, A DISTANCE OF 644.17 FEET; THENCE N <1-1.17'30. W ALONG SAID
NORTHEASTERlY UNE A DISTANCE OF 67.60 FEET; THENCE N 29'55'15" W, ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF 242.00 FEET TO THE P.OINT OF BEGINNING,
SAW PARCEL CONTAINS 5,615 ACRES, MORE OR LESS, COUNTY OF JEFfERSON, STATE
Of COLORADO.
NOTE:
LEGAL DESCRIPTION DERIVED FROM THE RECORDED lAND SURVEY PLAT BY KURT O.
LINN, JR., PLS NO, 14112, RECORDED IN THE RECORDS Of JEFFERSON COUNTY.
COLORADO. IN SURVEY BOOK 6. PAGE 3 UNDER RECEPTION NO. 90066278.
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I HEREBY CERTIFY THl>.T THIS IMPROVEMENT SURVEY PLAT WAS PREPARED FOR UNITED
ADVERTISING CORPORATION, ON Ai='RIL 5, 2006, THAT THE BOUNDARY L1N::S ARE AS
SHOWN HEREON, THAT THERE ARE NO ENCROACHMEIIo'T$ ON SAlD PROPERTY, THAT THERE
IS NO VlS:SLE EVIOENC<: 01'" ANY EASEMENTS. RIGHTS OF WAY, PU!3UC OR P!~IVATE
PASSAGEWAY ACROSS SAlD PREMISES, OR OF AIfY DRIVEWAY WHOLLY OR PARTLY ON
SAID PREMISES AND THAT THERE ARE NO STRUCTURES LOCATED ON SAID PROPERTY,
EXCEPT AS IND!CATED ON THIS PLAT.
NOTICE: ACCORDING TO COLORADO lAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITrllN THfEE YEARS AFTER YOU FIRST OISCOVER
SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFlCATION
SHOWN HEREON.
( C.R.S. 1J-80-105 )
NOTICE: THIS SURVEY DOES NOT CONSTITUTE A TITLE. SEARCH BY BELL SURVEYING
COMPANY TO DETERMINE THE COMPAT1BILJTY Of THIS DESCRIPTION WITH THAT OF
ADJACENT TRACTS, OWNERSHIP OR EASEMENTS OF RECORD,
CERTIFICATION DEFINED
THE USE OF THE WORD "CERTIFY' OR "CERTIFICATION' BY A REGISTERED PROFESSIONAl
SURVEYOR IN THE PRACTICE OF LAND SURVEYING, CONSTlTUTES AN EXPRESSION OF
PROfESSIONAL OPINION REGARDING THOSE FACTS OF FINDINGS WHICH ARE THE SUBJECT
OF THE CERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER
EXPRESSED OR IMPLIED, .
COF'IES OF THIS DOCUMENT MAY BE MADE AND DISTRI!3VTED TO OTHER PARTIES FOR
REFERENCE PURPOSES AND _REVIEW, HOWEVER, ONLY PRINTS OF THIS SURVEY BEARING
ORIGINAL SIGNATURE AND WET SEAL BY THE SURVEYOR NAMED HEREON SHALL BE
CONSIDERED VALID CERTIFIED DOCUMENTS.
$UBJECTPROPERT'(-Z(lNE01"
(lIGKTINDUSTRtI\L)
NOR'THE.osTCORNER
REC. NO. 8207418~
REC. NO. ~C024405
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WILLIAM G. BARNES
P.L.S. NO. 36054
DATE:
FOR AND ON BEHALF OF:
BELL SURvEYING COMPANY
500 KAlAMATH STREET
DENVER. COLORADO 80204
1. BEARING BASE: THE WEST LINE OF THE SOUTHWEST ONE-QUAR'ER Of
SECTION 13, TOWNSHIP 3 SOu'TH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN AS BEARING N 00'05'24" W (AS DESCRIBED IN LEGAL DESCRIPTlGN)
2. VISIBLE SURFACE UTILITY APPURTENANCES HAVE BEEN LOCATED USING THE
STANDARD Of CARE PREVAILING AMONG PROFESSIONAL LANO SURVEY09:S
PRACTICING IN THE METROPOLITAN AREA. NO OTHER REPRESENTATIONS OF
UTILITY LOCATIONS ARE MADE OR IMPLIED. BEFORE COMMENCING ANY
EXCAVATION THE UTJLmES SHOULD 8E FJELD LOCATED BY CALLING LmLlT':'
LOCATES AT 1-800-922-1987.
W.SBTHoVE.
FENCE TIES LEGEND
CD FENCE CORNER 0 FOUND REBAR & CAP
8.1'NOR1'rlWT LS. NO. 14112
(NTS) .. UCHT POLE
@ FENCE CORNER @ MA,NHOLO:
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@ FENCE CORNER ~FTREHYDRANT
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(ms)
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~ Ie W.i-4TH"VE
IMPROVEMENT SURVEY PLAT
COUNlY SURVEYORS CERTIfiCATE
OO:POSiTC"..DTHIS DAY OF 20_
AT _.M.. IN 80CK OF THE COUNTY
SURVEYOR'S LAND SURVEY/RIGHT OF WAY SURVEYS AT
PAGE_, RECEPTION NUMBER
COUNlY SURVEYOR
GRAPHIC SCALE
OROEREO BY: UNITED_ ADVERTISING
498 WEST lUFF AVENUE
DENVER, COLORADO B0223
U, BELL SURVEYING COMPANY
500 KA!.AUATH STREET
. DENVER, COLORADO 80204
303-629-01 65 FAX -623-7709
VICINITY MAP - NOT TO SCALE
REViSION: DRAWN
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DATE: 4/05/2006
DAAWING NO''o604_1 01
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BY DEPUTY COUNTY'SURVEYOR
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A reqLJestfor a variance to allow an increase to the
maximLJmheightofabillboard,resLJlting ina billboard
which is 50 feet tall.
Bo<lrdofAdjustmenl
ThursdaY,April27,lOO6
locationofbilolboard
1
Southwest property line-looking nortl1
Subjectproperty-fromI7o
2
BlIIboardReauirements
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111 billboards must be located in the B-2 District (north of interstate)
0: Billboards must meet setback standards of rone district
.
~_5oJootf[QoLy.ard____
o 5 foot side yard
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I-Billboardsmav be a maximum height Of 32 feet
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ProDertvHistorv
Abi{lboard was previously located on the property
-billboard was 50 reetin height-novariance was granted
--
The previous billboard was removed In November of 2005
ThJ lease for the billboard expired in December 2005
16 ~illboardsallowed in City-once a billboard lease expires, another billboard
may be constructed
I
A'lill"cth"",""", ,,,lid ,,'mlt to """,ct th,16'bill"",,'
Ap licanthas installed the base of the billboard-can withstand a 5o'tall
strJctLJre
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JtaffiS recommending approval of the request
I o severe slope
o large mature landscaping which obscures visibility
~ardShiPisnotself-imposed
i o Grade change and landscaping not result of applicant's actions
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r'ouldnotaltercharacteroflocality
I o Billboard to nortl1 received similar variance for similar situation
,
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fequest is not detrimentai to publiC welfare
4
CITY OF WHEAT RIDGE
PLANNING DMSION STAFF REPORT
TO: Board of Adjustment
CASE MANAGER: Travis Crane
CASE NO. & NAME: WA-06-05/Copper Fields
DATE OF MEETING: April 27, 2006
ACTION REQUESTED: Request for approval of an 18-foot height variance to allow a 50-foot tall
billboard for property zoned Commercial One and Industrial.
LOCATION OF REQUEST: 4901 Marshall Street
APPLICANT (S): Copper Fields Land Holdings
4901 Marshall St.
Wheat Ridge, CO 80033
APPROXIMATE AREA: 296,002 sq. ft. (6.79 ac.)
OWNER (S): Same
PRESENT ZONING: Commercial One (C-I) & Industrial (I)
ENTER INTO RECORD:
(X)
(X)
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
(X)
DIGITAL PRESENTATION
Site
cv
Location Map
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
The applicant is requesting approval of an I8-foot height variance from the maximum
allowable 32-foot limitation for billboards, resulting in a 50-foot tall billboard (Exhibit 1,
Letter of Request).
II. CASE ANALYSIS
Property History
The property is currently zoned Commercial One (C-I) and Industrial (I), and contains an
existing event center. The property previously contained a billboard at a height of 50 feet.
There is no evidence of a variance granted to this billboard; it may have simply been
constructed prior to incorporation of the City. This previous billboard was constructed by
another advertising company. When the billboard lease expired, the previous billboard was
removed. A variance was previously approved (Case No. W A-96-I6) for the property
directly to the north at 4909 Marshall Street, which allowed a 50 foot tall billboard facing the
highway.
Billboards
Chapter 26, Article VII of the Code of Laws allows billboard structures in the "B-2" district;
an area generally north of interstate 70. This property is located within the "B-2" district,
therefore, a billboard structure is allowed.
Article VII allows a maximum of sixteen billboards in the City of Wheat Ridge, all of which
must be located within the "B-2" district. When the previous billboard lease expired, one
billboard permit became available. Once an underlying billboard lease expires, one billboard
permit becomes available on a first-come, first-serve basis.
The applicant has applied for and received a building permit for the sixteenth billboard. The
approved permit is for a billboard constructed at a height of 32 feet. If the variance request is
approved, the billboard will be constructed at 50 feet.
Request
The property is 296,002 square feet in size, has an abnormal shape, and slopes severely from
east to west. The applicant wishes to construct a new billboard to the south of the building,
essentially re-establishing exactly what was previously there (Exhibit 2, Site Plan). The
maximum size for a billboard is 672 square feet, and the billboard must meet setbacks for a
primary structure in the zone district. The proposed billboard meets all size and setback
requirements as specified in Chapter 26, Article VII of the Code of Laws.
The property slopes severely from east to west, where a large embankment transitions to the
highway right-of-way. There is an elevation change of24.2 feet from the base ofthe
proposed billboard to the west-bound traveling lane of the highway. Many mature trees are
located on the embankment, which would make visibility of a conforming billboard almost
impossible. Based upon the current height limitation of32 feet, only the top 8 feet of the
billboard would be visible from the highway if the trees were not present. The trees are
located within CDOT right-of-way, and may not be altered or removed without consent of
the Department. The applicant has included a number of photographs and photo-simulations
which illustrate the grade change. These photos have been attached collectively as Exhibit 3.
Board of Adjustment
W A-05-13/Republic
2
A letter of objection has been submitted from the advertising company which previously held
the billboard lease on this property, and which operated a 50-foot tall billboard on the
property for a number of years. This letter has been attached as Exhibit 4.
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district
in which it is located?
The request has no effect on the underlying use of the property, as the event center may
continue regardless of the location of a billboard on the property. Ifthe request were
denied, the property owner would lose additional income received from the billboard
lease.
2. If the variance were granted, would it alter the essential character of the locality?
If the request were granted, the character of the locality would not be altered. A variance
was granted for the property directly to the north, which has an identical situation relating
to grade change from the highway. A billboard previously existed on this property which
was 50 feet tall.
3. Does the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular and unique hardship (upon the
owner) as distinguished from a mere inconvenience if the strict letter of the
regulations were carried out?
The lot does have a unique shape. It slopes severely from east to west, and a large
embankment exists on the western property line. There is a difference of approximately
24.2 feet from the location ofthe proposed billboard to the westbound traveling lane of
the highway. This grade separation creates an unusual hardship, especially as it relates to
a billboard.
4. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
A person who has interest in the property has not caused the hardship. The hardship
arises from the severe grade change on the western property line. In addition to the grade
change, many mature trees cover the embankment, which further obscure visibility.
5. Would the granting of the variance be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is
located, by, among other things, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or
increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood?
The request would not be detrimental to the public welfare. The adequate supply of light
and air would not be compromised as a result of the request. The request would not
Board of Adjustment
W A-06-05/Copper Fields
3
increase congestion in the streets, nor increase the danger of fIre. The request would most
likely not have an effect on property values in the neighborhood.
6. If criteria 1 through 5 are found, then, would the granting of the variance result iu a
benefit or contribution to the neighborhood or the community, as distinguished
from an individual benefit on the part of the applicant, or would granting of the
variance result in a reasonable accommodation of a person with disabilities?
The request would not result a benefit or contribution to the neighborhood, only the
property owner. The request would not result in a reasonable accommodation of a person
with disabilities.
IV. STAFF CONCLUSION & RECOMMENDED MOTION (S)
Upon review of the above request, staff concludes that the criteria are supportive of
the request. Therefore, staff recommends APPROVAL for the following reasons:
1. The hardship has not been created by a person having interest in the property.
2. The hardship is created by a severe grade change and mature trees which would
render a conforming billboard largely invisible.
3. Granting of the variance would not change or alter the character ofthe
neighborhood.
Board of Adjustment
W A-06-05/Copper Fields
4
~CBS
OUTDOOR
,~~!e~
April 18, 2006
City of Wheat Ridge
Board of Adjustment
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
To Whom It May Concern:
CBS Outdoor is requesting the enclosed letters be distributed to the following
members of the Board of Adjustment before their meeting on April 27, 2006 at
7:30 p.m.
Paul Drda
Davis Reinhart
Robert Blair
Mary linker
Bob Howard
Tom Abbott
Janet Bell
Paul Hovland
Your attention to this matter is greatly appreciated. Thank you.
Sincerely,
~--yn~
Daniel M. Scherer
General Manager
dms/nw
4647 LEYDEN STREET, DENVER, CO 80216 . (303) 333-5400. FAX (303) 322-6520 . cbsoutdoOLCOm
~CBS
OUTDOOR
April 14, 2006
City of Wheat Ridge
Board of Adjustment
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
RE: Case No. WA-06-05, Height Variance for Billboard
Dear Board Members:
As General Manager of CBS Outdoor Inc., in Denver (and as a person born and raised in Wheat Ridge), I
am submitting these comments in response to the Notice of Public Hearing dated April 13, 2006. The
comments are to correct several important misstatements contained in and misimpressions created by the
April 5, 2006, letter from applicant Copper Fields Land Holdings, LLC, provided with the application
materials.
CBS Outdoor, and its direct predecessor companies - Mullins, Eller, Gannett, Outdoor Systems, Infinity and
Viacom - have owned, operated and maintained billboards in Wheat Ridge for many decades, and
continuously since the current Wheat Ridge Sign Code was enacted in approximately 1986.
Although it is true that the prior billboard on Copper Fields' property, owned by CBS Outdoor, was 50' high, it
is not true that it had been granted a height variance. That billboard had been initially constructed before
1970, when Wheat Ridge had no height restrictions on billboards in its zoning code. Thus, the prior billboard
was allowed to remain only as a grandfathered, non-conforming billboard. Of course, as noted by planning
and zoning officials in Wheat Ridge and around the country, and as recognized by our own Supreme Court,
one of the major reasons for refusing to allow non-conforming structures to be replaced is that sound
planning and zoning practice seeks to eliminate non-conforming uses and structures throughout a city.
Indeed, over the years since Wheat Ridge passed its 32' height limitation on billboards, notwithstanding
several efforts by CBS Outdoor, and perhaps other billboard companies in Wheat Ridge, no height variance
has ever been granted for a billboard.
CBS Outdoor submits that this is no time to begin granting variances on billboards. If the Board of
Adjustment decides that height variances can be granted for billboards, however, CBS will immediately file
several variance applications for signs it owns that are partially blocked by other buildings or are too low to
be easily read by motorists passing on 1-70. In this light, CBS Outdoor has attached photographs of two of
its signs for which it will seek variances. It and its landowners, all of whom would like to increase the rental
income they can obtain if the billboards on their property can be elevated, will submit applications on virtually
all of its eight (8) billboards in Wheat Ridge. (CBS Outdoor suspects that Mile High Outdoor and Lamar will
similarly seek variances for their billboards.)
For a city that has prided itself in improving its aesthetics by controlling billboards (and, previously eliminating
them from its downtown streets), it would indeed be anomalous to approve a height variance so that a
billboard could be seen above more than 90 trees specially planted by COOT in order to beautify this
specific portion of the 1-70 freeway through Wheat Ridge.
4647 LEYDEN StREEl'; DENVER; to 80216 . (303) 333"5400' FAX (303) 322"6520 . tlllOlltdooUOlfi
City of Wheat Ridge
April 14, 2006
Page 2
The "problem" Copper Fields asks this Board to save it from, was self-inflicted. Copper Fields was
specifically told by CBS Outdoor that (a) its board was non-conforming and could not be rebuilt in its prior
configuration; (b) that Wheat Ridge had never granted a height variance for a billboard; (c) that if CBS
Outdoor had to remove its sign any new sign would be largely blocked by the COOT trees; (d) that such
blockage would render the sign virtually useless to any new sign company; and (e) that any new sign
company would be likely to renege on any lease they had with Copper Fields and refuse to make the
promised payments. Copper Fields refused CBS Outdoor's offer of significantly higher lease payments that
CBS Outdoor could afford to make because of the grandfathered status of its existing billboard. CBS
Outdoor suspects, but does not know, that another sign company persuaded Copper Fields that it would
have no problem building a new billboard like the CBS Outdoor sign and that the landowner would not lose
any money by going with the new suitor. It would not be Wheat Ridge's fault that Copper Fields mistakenly
believed the other sign company. Indeed, Copper Fields may be able to insist on receiving its lease
payments regardless of the visibility of a billboard, which is "only" 32 feet high.
The reality of granting the requested variance is that it will primarily reward the new billboard company for
trying to avoid the clear and known limitations of the Wheat Ridge Sign Code. There is no doubt that a
billboard location on 1-70 has substantial revenue potential to a billboard company. Thus, allowance of
variances to solve problems of untenable locations will place a high premium for all billboard companies to
seek any site on which they can obtain a lease, regardless of the site's suitability.
Given the Wheat Ridge Sign Code, CBS Outdoor could not understand why another company would want to
build a billboard on this site, unless it thought this Board would roll-over and ignore the Sign Code proudly
passed by the City Council two decades ago and rigorously enforced ever since. CBS Outdoor may well
agree that a 50' height limitation would be more advantageous for the sign companies without any significant
downside to Wheat Ridge, but as CBS Outdoor understands it, that is a decision for the City Council, not this
Board, to make.
Thank you for considering these comments. If you have any additional questions, I plan on attending the
April 27 hearing and would be happy to answer them at that time.
Sincerely,
~Q v--n.~
Daniel M. Scherer
General Manager, CBS Outdoor
dms/nw
SCBS
OUTDOOR
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Copper Fields Land Holdings LLC
4901 Marshall St.
Wheat Ridge CO 80033
AprilS, 2006
Travis Crane
Planner
City of Wheat Ridge
th
7500West29 Ave.
Wheat Ridge, CO 80033
RE: 4901 MARSHALL ST. - VARIANCE LETTER OF INTENT AND PURPOSE
Dear Mr. Crane:
We are writing this letter to fully explain the intent and purpose of our variance
application to the Board of Adjustment. Specifically, we are asking to raise the overall
height of our billboard structure from 32' to 50'. We ask for this variance because, at 32'
in overall height, the advertisements on our sign cannot be seen nor read. This is caused
by a unique feature of our property: the majority of the property (and the area where the
sign has been permitted) sits substantially below the grade ofI-70. In addition, there are
as many as three dozen trees lining the CDOT -owned embankment that separates 1-70
from our property. These, too, block our sign. Visibility is paramount for the sale of the
advertisements: if they cannot be read, then they cannot be sold. The rent we receive
from the billboards provides Copper Fields Land Holdings LLC with sorely needed and
necessary money that we need to operate our business.
One important fact to note is that, until early December, 2005, we had an identical 50'
billboard in the same location on our property. Unfortunately, we could not come to
terms with that billboard company and their structure was removed after 20 years on our
property. We know that a variance was granted for that structure back in 1985.
Unfortunately, we could not locate the records of the Board of Adjustment hearing that
granted that original variance. However, based on that structure's height of 50', we
assume that it was approved due to unique physical characteristics of our property. To
the best of our knowledge, there has never been a complaint about the height of the
billboard from any of our neighbors in those 20 years.
As mentioned above, our property sits at the bottom of a hill on the north side ofI-70
approximately halfway between Harlan St. and Wadsworth Blvd. Near Harlan, 1-70 runs
at or almost at the same grade as the properties that abut it on the north and south side.
EXHIBIT 1
Page 2
As you continue westbound towards Wadsworth, 1-70 starts to run slightly downhill. At
that point (approximately Lamar St.), the south abutting properties rise above the grade of
1-70, while the north abutting properties fall below the grade ofI-70. This is nature of
our property - we sit substantially below the road surface ofI-70. To describe the view
from our property, 1-70 looks like a rock ledge.
At the location of the old sign and where our new sign is to be built, we are 23.5' below
the road surface. Basically, we sit in a "hole." Theoretically, with a sign height of32'
overall, travelers should be able to see the top 8.5' of our sign. However, this is not the
case. Other factors also interfere with the visibility of the sign. First, if one is traveling
eastbound, the road surface ofI-70 rises up to completely obstruct the view of the sign.
Then, there is a guardrail and several CDOT -owned trees. If one is traveling westbound,
one could theoretically look down to see the sign. However, there is a "picket-fence" of
CDOT trees that separates our property from 1-70 as well as a guardrail. There are
almost three dozen trees on the 1-70 embankment. They run the entire length of our
property and sit high on the embankment as well as straddle our boundary fence. The
most substantial trees along our fence line are in the immediate area of the sign, measure
between 34' and 43' in height and completely shield the sign from traffic along 1-70.
To illustrate the visibility issues, we hired a crane to raise a standard billboard
advertisement to 32' to illustrate our visibility issues. Those photographs are attached
hereto. In them, you can plainly see that both the eastbound and westbound sign faces
are not readily visible due to our below-grade property. The addition ofthe CDOT trees
make the signs that much more difficult to see and impossible to read. From those
photos, we superimposed a face at the proposed height. Those photographs are also
attached.
We believe that our request is reasonable. Even at 50' the advertisements will be slightly
obstructed. While we can certainly ask for a taller sign, we feel that, at 50', the
advertisements, while they will be still slightly obstructed, are visible and saleable. We
are also aware that the maximum height of any structure in the Light Industrial (I) zone is
50'. At 50' we feel that the sign's impact, ifany, on the adjoining properties is minimal.
In effect, we are simply asking to replace a sign that existed for the last 20 years. And, to
the best of our knowledge, there has not been a single complaint about the height of that
sign in the 20 years it was in place.
Finally, when we purchased our property in 2001, we fully enjoyed, expected and needed
the rent from our billboard tenant. It helped operate our business and keep our property
clean and in good repair. Unfortunately, our relationship with that company ended on a
sour note. We hope that the Board will allow us to restore our sign to the height of its
predecessor. Without clear lines of visibility these signs are worthless and they are not
saleable. Quite frankly, we need this money to operate our business, maintain our
Page 3
property, meet our financial obligations and remain a good tax-paying citizen of the City
of Wheat Ridge.
We respectfully request the staff's and the Board's consideration and support in our
request to raise our billboard from the maximum allowed height of32' to an overall
height of 50'
Thank you.
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Cheryl Wise
Managing Member
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HEIGIiTO, APPROVE:D JZ' OAH. BILLBOARO SlRUCTURETO 8ERAISEOTO SO' OAH.
(ALL OrnER SIGN AND srRUCTURE SIZES AND DII.lENSIONS TO REMAIN THE SAME)
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SIGN
NOTES:
1. SEARING SASE: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 13" TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPP!...
MERIDIAN AS BEARING N 00'05"24" W (AS DESCRIBED IN LEGAL DESCRIPTION)
2. VISIBLE SURFACE UTILITY APPURTENANCES HAVE BEEN LOCATED USING THE
STANDARD Of" CARE PREVAILING AMONG PROf"ESSIONAL LAND SURVEYOFiS
PRACTICING IN THE METROPOLITAN AREA. NO OTHER REPRESENTATIONS CF
UTILITY LOCATIONS ARE MADE OR IMPLIED, BEFORE COMMENCING AN':'
EXCAVATION THE UTILITIES SHDIjLO BE FIELD LOCATED BY CALLING UTILITY
LOCATES AT 1-800-922-1987.
DET AIL
'T
'kr...-l '1
1 inch - 20 ft.
2
FENCE TIES
QJ FENCE CORNER
8.1' NORTHEAST
(NTSJ
@ FENCE CORNER
C.O'NORTHEAST
(ms)
Q) FENCE CORNER
1.0' SOUTHWEST
(NTS)
8 FENCE CORNER
0.1' N.W. X 5.2' ,
(ms)
@ FENCE CORNER
0.5' SOUTHWEST
(NTS)
(NTS) - NOT TO SCALE
LEGEND
o FOUND REBAR & CAP
LS. NO. 14112
. UGHT POLE
@ MANHOLE
-OE--'-- OVERHEAD ELECTRIC
CD TELEPHONE MANHOLE
"'UTIUTYPOLE
WIoI. WATER METER
tXl WATER VALve:
~F1REHYORANT
b
.
,
~2-. PIPE TO 35'. PIPE '
{-'4-8'-i'
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NOilTllt>ST tORNE~
REC. N<l. 82074-7Sg
REC. NO. 900ZoI-I()5
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SITE PLAN
4901 IolARSHALL STREET
CITY OF WHEAT RIDGE
COUNTY OF JEFFERSON
STATE OF COLORADO
SCALE":VlEW1-1"_:5Q'
sc.ou:,VlEWZ-l".20'
DATE, ~/o~/zooa
SITE PLAN
SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF JEFFERSON, STATE OF COLORADO
W. ~STH A~
~-----"--
W. ~2NO AVE..
~ sm
~ ~
~
70
W. #TH AVE:.
VICINITY MAP - NOT TO SCALE
PARCEL DESCRIPTION
\
THAT PART OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAl MERIDLAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13: THENCE N 00'05'24" W,
ALONG THE WEST LINE SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF 594.3 FEET
TO A POINT; THENCE N 74"47'00" E. ALONG THE NORTH UNE OF TRACT DESCRIBED IN
SOOK 6?4 AT PAGE 203" ;., DISTANCE OF 295.30 FEET TO THE POINT OF BEGINNING;
THENCE N 74'47'00" E, ALONG THE NORTH UNE OF" TRACT DESCRIBED IN BOOK 694 AT
PAGE 203, A DISTANCE OF 609.03 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE OF MARSHALL STREET (COLORADO HIGHWAY NO. 72) SAID POINT BEING ON THE
ARC OF A CURVE CONCAVE TO NORTHEAST; THENCE SOUTHEASTERLY ALONG THE
WESTERLY RIGHT OF WAY UNE OF MARSHALL STREET AND ALONG THE ARC OF A CURVE
TO THE LEFT" HAVING A CENTRAL ANGLE OF 22'32'03', A RADIUS OF" 1206.3 FEET,
AN ARC DISTANCE OF 474.43 FEET TO A POINT WHICH IS THE NORTHEAST CORNER OF
T~ACT DE3CR:SED UNDER RECEPTION NO_ 82074789, AS CORRECTED BY INSTRUMENT
RECORDED UNDER- RECEPTION NO_ 90024405, THE CHORD OF SAID ARC BEARS
S 22'32'03" E. 471.38 FEET; THENCE S 00"05"24- E. PAP"I.LLEL WITH THE WEST LINE
OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 261"95 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT; THENCE N 610630 W ALONG THE SOUTHERLY LINE OF SAID
TRACT AND ALONG THE NORTHEASTERLY LINE OF TRACT DESCRIBED UNDER RECEPTION
NUMBER 80069724, A DISTANCE OF 644.17 FEET: THENCE N 41"17'30" W ALONG SAlD
NORTHEASTERLY LINE A DISTANCE OF 67.60 FEET: THENCE N 29'55"15" W, ALONG SAlD
NORTHEASTERLY LINE A DISTANCE OF 242.00 FEET TO THE POINT OF BEGINNING,
SAiD PARCEL CONTAINS 6.615 ACRES, MORE OR LESS, COUNTY OF JEFFERSON, STATE
OF COLORADO,
NOTE:
LEGAL DESCRIPTION DERIVED FROM THE RECORDED LAND SURVEY PLAT BY KURT O.
LINN, JR" PLS NO. 14112, RECORDED IN THE RECORDS OF JEFFERSON COUNTY"
COLORADO IN SURVEY BOOK 6, PAGE :3 UNDER RECEPTION NO. 90066278.
EXHIBIT 2
GRAPHIC SCALE
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tinch_50 fto
NOTES
"'
BELL SURVEYING COMPANY
500 KALAl/loTH STREET
DENVER, COLORADO 80204-
903-629-0165 FAX 623-1709
ORAWlNG 110.: 0604-101
UNITED ADVERTISING CORPORATION
498 WEST lUFF AVENUE
DENVER, COLORADO 80223
POC: MAA1( W. GIORDAI<O
PHONE: 303-JS~-G50&
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on Thursday, April 27, 2006, at 7:30 p.m. in the Council
Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or submit written comments. The
following petitions shall be heard:
Case No. WF-06-02: An application filed by Patrick and Laura Koentges for approval of
a Class II Floodplain Exception Permit to allow construction of a single family home on
property zoned Residential One (R-l) and located at approximately 3430 Simms Street.
Case No. W A-06-04: An application filed by Robin Hofmeister for approval of a 15 foot
side yard setback variance from the 30 foot side yard setback requirement when adjacent
to a public street resulting in a 15 foot side yard setback for property zoned Residential-
Two (R-2) and located at 7105 West 29th Place.
Case No. W A-06-05: An application filed Copper Fields Land Holdings, LLC, for
approval of a variance to the maximum allowable height for billboards under Section 26-
711 for property zoned Commercial-One (C-l) and Industrial (I) and located at 4901
Marshall Street.
Case No. W A-06-06: An application filed by Holly Hall for approval of a 4 foot side
yard setback variance from the 15 foot side yard setback requirement resulting in an 11
foot side yard setback and a 10 foot rear yard setback variance from the 15 foot rear yard
setback requirement resulting in a 5 foot rear yard setback on property zoned Residential
One (R-l) and located at 3880 Everett Street.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To be published:
Date:
Wheat Ridge Transcript
April 13, 2006
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
The City of
lVheat
Ridge
April 13, 2006
Dear Property Owner:
This is to inform you of Case No. W A-06-05 which is a request for approval of a
variance to the maximum allowable height for billboards under Section 26-711 for
property zoned Commercial-One (C-l) and Industrial (I) and located at 4901 Marshall
Street. This case will heard by the Wheat Ridge Board of Adjustment in the Council
Chambers of the Municipal Complex at 7500 West 29th Avenue on April 27, 2006, at
7:30 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing
and/or submit written comments.
If you have any questions or desire to review any plans, please contact the Planning
Division at 303-235-2846. Thank you.
Planning Division.
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LOU-MAR
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W 48TH AVE1
PUBLIC
STORAGE
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4870
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WZ-85-31
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NW24
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
- PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
--- WATER FEATURE
SW 13
. DENOTES MULTIPLE ADDRESSES
@
~ 100-YEAR FLOOD PLAIN
~ (APPROXIMATE LOCATION)
o rOO 200 :5CX) 400 feel
)
DEP ARTMENf OF
PLANNING AND DEVELOPMENT
MAP ADOPTED: June 15, 1994
Last Revision: September 10, 2001
05-006
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(laB02')
(10113')
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--"-'-.-.--..-.-.-
-'-.--..-.-
-.-.----=-:.::::-:.......-
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01-016 ~
(6;>~0)
01.o16,01_0ij
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(7700') -)-lI
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01.015 C.'~
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01-013
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om
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124a2')
rn64J
*WA~_:}l~:[/sj{;;ffl~;:-'M~iit..n /
Owner :Osborn Donald Carl
Site :4880 Marshall St Wheat Ridge 80033
Mail :2927 Benton St Wheat Ridge Co 80214
Use :3112 Ind,Improved Land
Bedrm: Bath: TotRm:l YB:1927 Pool:
*----~-----------------------: MetroScan / Jefferson (CO)
Owner :Osborn Donald Carl Parcel
Site :48 Lamar St Wh Xfered
Mail :2927 Be n heat Ridge Price
Use : 1112 Re rid Phone
Bedrm:2 ath:l.OO TotRm: YB:1910 Pool: BldgSF:583 Ac: .12
*---- -----------------------" MetroScan / Jefferson (CO) ;----------------*
Owner :Anderson Russell E Parcel :003811
Site :6400 W 48th Ave Wheat Ridge 80033
.h Mail :22993 Valley High Rd ( No Mail) Morrison C,
t- Use :5178 Mise,Residential/Mixed Use Land
Bedrm: Bath: TotRm:4 YB:1922 Pool:
*----------------------------: MetroScan / Jefferson
Owner :Balliett Waltraud A
Site :6845 W 48th Ave Wheat Ridge 80033
Mail :PO Box 34 pine Co 80470
Use :1112 Res, Improved Land
Bedrm:5 Bath:3.00 TotRm:
*----------------------------:
l3<M- ~/-2..,7 /0 ~
Jefferson (CO) :----------------*
Parcel :003802
Xfered :07/23/1992
7005 2570 0001 4282
~
1787
~ ~~~~~~
BldgSF:l,558
Ac: .12
:----------------*
:003807
: 07/23/1992
:$40,000
7005 2570 0001 4282 1794
Phone
BldgSF:3,361
Ac:1.30
(CO) :----------------*
Parcel :003845
7005 2570 0001'4282
1800
Phone
BldgSF:l,719
AC: .73
YB:1940 Pool:
MetroScan / Jefferson
;----------------*
Owner
Site
Mail
80033
:003845
: 06/28/1994
:$129,000
Ac:.73
*-------- ~------------------:
:----------------*
Owner :Trancoso Christopher
Site :6807 W 48th Ave Wheat Ridge 80033
Mail :6807 W 48th Ave Wheat Ridge Co 80033
Use :1112 Res, Improved Land
Bedrm:3 Bath:l.75 TotRm: YB:1989 Pool:
~~:~-~~~~~;~;:~~~~i::-:::::-~l:::r:::::@~\1 erson (CO);~::=~:--~~~;;~~-------*
Mail: 3435 S Birch St Denver Co 80222 ~ 7005 2570 0001
Use :1112 Res/Improved Land one
Bedrm:2 Bath:l.00 TotRm: YB:l 3 Pool: BldgSF:l,228
*----------------------------: NetroScan / Jefferson (CO) :-~--------------*
Owner :Swiss ValleyLtd Liability Co Parcel :003895
Site :*no Site Address* Y~o~~A y~
7005 2570 0001 42
Mail :4839 W Byron Pl Denver Co 80212
Use :1177 Vacant/Residential,Limited Size one
Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac: .01
*----------------------------: MetroScan / Jefferson (CO) :----------------*
Owner :Andasola Troy Parcel :003930
Site : 6811 W 48th Ave Wheat Ridge 80033 ODl 4282 1848
Mail :6811 W 48th Ave Wheat Ridge Co 80033 7005 2570 0
Use :1112 Res,Improved Land Phone
Bedrm:2 Bath:l.00 TotRm: YB:1948 Pool: BldgSF:l,215 Ac: .18
*----------------------------. MetroScan / Jefferson (CO) ;----------------*
Owner :Hernandez John M Parcel :003931
Site :6855 W 48th Ave Wheat Ridge 80033 --. 7005 2570 0001 4282 1855
Mail :6855 W 48th Ave Wheat Ridge Co 80033 , .0 "U""
Use :1112 Res, Improved Land Phone
Bedrm:3 Bath:l.00 TotRm: YB:1924 Pool: BldgSF:l,232 Ac: .18
*----------------------------. MetroScan / Jefferson (CO) :----------------*
Owner :Kiper Lloyd R Parcel :003976
Site :4909 Marshall St Wheat Ridge 80033 Xfered 'In/lh/lq~h
Mail: 7657 Lamar 7005 2570 0001 4282 1862
Use : 3111 Vacant, Industrial rJ..1V!l.'=
Bedrm: Bath: TotRm: YB: Pool: BldgSF:
7005
:003853
:12/03/2002
2570 OODl 4282 1817
BldgSF:l,248
Ac: .26
Ac:1.34
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of infonnation contained in this report.
*----------------------------: MetroScan / Jefferson (CO)
Owner :Kiper L~ d Parcel
Site :4949 Marsn Xfered
Mail :7657 Lamar Price
Use :2112 C , mprove Phone
Bedrrn: Bath: TotRm:1 YB:1983 Pool: B1dgSF:7,200 AC:.45
*----------------------------; MetroScan / Jefferson (CO) :----------------*
Owner :Troi1o Conrad H Parcel :004029
Site :6775 W 48th Ave Wheat Ridge 80033 Y"n~~~ 79
Mail: 6775 W 48th Ave Wheat Ridge Co 80033 7005 2570 0001 4282 18
Use :1112 Res, Irnproved Land PHone
Bedrrn:3 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF:2,126 Ac:
*----------------------------: MetroScan / Jefferson (CO) :----------------*
Owner :Royal Investment Enterprises LIe Parcel :004046
Site : 4896 Marshall St Wheat Ridge 80033 v~____ , -. 4282 1886
Mail: 4896 Marshall St Wheat Ridge Co 80033 7005 2570 0001
Use :3112 Ind,Improved Land Phone
Bedrm: Bath: TotRm:1 YB:1957 Pool: B1dgSF:3,276 Ac:.56
*----------------------------; MetroScan / Jefferson (CO) ----------------*
Owner :Mi11er Matthew Dean Parcel :004047
Site :6829 W 48th Ave Wheat Ridge 80033 Xfered ,Oh/0,/1qq,
Mail: 6829 W 48th Ave Wheat Ridge Co 80033 7005 2570 0001 4282 1893
Use : 1112 Res, Improved Land H'U"~
Bedrm:2 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF:1,250 Ac:.49
*----------------------------: MetroScan / Jefferson (CO) :----------------*
Owner :Spano Samuel J Parcel :004611
Site :*no Site Address*
.4 Mail: 6835 Allison St ( No Mail ) Arvada Co 80004 7005 2570 0001 4282 1909
Use :1177 Vacant,Residential,Limited Size Phone
Bedrrn: Bath: TotRm: YB: 01: B1dgSF: Ac: .08
~~~~-~~~~~~-~~~~~~-~--------: MetroScan / ~~e so :--~;;;~;~-------*
Site :4775 Newland St Wheat Ridge 80033 u.-uu_, _ror; ,,.,r; '1000
Mail :4775 Newland St Wheat Ridge Co 800 rv 7005 2570 0001 4282 1916
Use :1112 Res,Improved Land ~ Phone
Bedrm:3 Bath:1.75 TotRm: YB: 49 B1dgSF:1,338 Ac:
*----------------------------: MetroScan / Jef son (CO) :----------------*
Owner :Barberena German ~,parcel :023791
Site :4785 Newland St Wheat Ridge 8003~. ^~ XfAypn .nQ/n1 l~nAc
Mail :4785 Newland St Wheat Ridge Co 8 O~I~ _..u~0_05 2:570 0001 428~.9i2"3
Use :1112 Res,Improved Land ~ c,,-u_ ~C~
Bedrm:3 Bath:1.50 TotRm: Y .-H'S'9 Pool: B1dgSF:1,376 Ac: .23 -'. 0"
*----------------------------: MetroScan / Jefferson (CO) :----------------* ~~
Owner :Doran John A Parcel :023852 I \~
Site :4740 Marshall St Wheat Ridge 80033 Xfered :07/06/1984 \\ ~~
Mail :4797 Blanding Cv Memphis Tn 38118 7005 2570 0001 '45<.'
Use :1112 Res,Improved Land r~
Bedrm:3 Bath:1.00 TotRm:
:-----------~----*
: 003982
: 07/31/1980
:$50,000
*----------------------______0
YB: 1952 Pool:
MetroScan / Jefferson
B1dgSF:1,248
80033
Co 80033
(CO)
Parcel
XferAn
7005
*
Owner :paulsen Justin
Site :4750 Otis St Wheat Ridge
Mail :4750 Otis St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:2 Bath:1.00 TotRm:
*----------------------------:
:024289
L.UV,).H::
o nQ fA1 ,,,,roC'''
2570 0001 4282 1947
Owner :Schmitz Kenneth N
Site :4750 Newland St Wheat Ridge
Mail :4750 Newland St Wheat Ridge
Use :1112 Res, Improved Land
Bedrm:4 Bath:1.75 TotRm:
YB:1949 Pool:
MetroScan / Jefferson (CO)
Parcel
B1dgSF:1,114
Ac: .25
:----------------*
:024299
80033
Co 80033
y.fPY'prI
.1l,)/n'7/1aa~
7005 2570 0001 4282 1954
.t'ilone
B1dgSF:1,083
Ac: .22
*----------------------______0
YB:1954 Pool:
MetroScan / Jefferson (CO)
Parcel
:----------------*
Owner :Falbo Marilyn Lee
Site :4795 Newland St Wheat Ridge
Mail :4795 Newland St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:4 Bath:1.50 TotRm:
:024824
80033
Co 80033
y.fpyprl
.1') lilt:. 11 oo~
YB: 1896
Pool:
7005 2570 0001 4282 1961
.t'Ilone
B1dgSF:2,406
AC:
Information compiledfrom various source~'. Real Estate Solutions makes no repre~'entations
or warranties as to the accuracy or completeness of information contained in this report.
*----------------------------"
Owner :Davis Edith R
Site :6790 W 48th Ave Wheat Ridge
Mail :6790 W 48th Ave Wheat Ridge
Use :1112 Res, Improved Land
Bedrm:3 Bath:l.OO TotRm:
*----------------------------:
MetroScan / Jefferson
(CO)
Parcel
Xfered
7005
:----------------*
:024977
: 08/28/2001
2570 0001 4282
80033
Co 80033
1978
~ ~~
Owner :Junghaene Betty Lou
Site :4775 Otis St Wheat Ridge 80033
Mail :3692 Wright St Wheat Ridge Co 80033
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.OO TotRm:
YB:1947 Pool: BldgSF:l,164 Ac: .31
MetroScan I Jefferson (CO) : -,---------------*
Parcel :025055
7005 2570 0001 4282
Phone :303-424~526l
BldgSF:l,17l Ac:.25
*----------------------------:
Owner :Harwood Shirley R
Site :4731 Marshall St Wheat
Mail :4731 Marshall St Wheat
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.50 TotRm:
*----------------------------:
Owner :Thompson James Preston
Site :4761 Marshall St Wheat
Mail :4761 Marshall St Wheat
Use :1112 Res,Improved Land
Bedrm:4 Bath:2.00 TotRm:
*----------------------------:
Owner :Wyperd Jason C
Site :4760 Newland St Wheat Ridge
Mail :4760 Newland St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.OO TotRm:
*----------------------------:
Owner :Swartz Mildred H
Site :4770 Otis St Wheat Ridge
Mail :4770 Otis St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:2 Bath:l.OO TotRm:
*----------------------------:
Owner :Martinez Anthony M
Site :4750 Marshall St Wheat
Mail :4750 Marshall St Wheat
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.OO TotRm:
*----------------------______0
t
Owner :Combs Karen J
Site :4790 Otis St Wheat Ridge
Mail :4790 Otis St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.75 TotRm:
*----------------------------:
Owner :Smith Chad M
Site :4765 Otis St ( No Mail
Mail :4765 Otis St ( No Mail
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.75 TotRm:
*----------------------------:
Owner :Britton John W
Site :6800 W 48th Ave Wheat Ridge
Mail :6800 W 48th Ave Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.OO TotRm:
*----------------------------:
Owner :Case
Site :6700
Mail: 6700
Use : 1112
Bedrm: 3
James H
W 48th Ave Wheat Ridge
W 48th Ave Wheat Ridge
Res, Improved Land
Bath:l.OO TotRm:
1985
YB:1947 Pool:
MetroScan / Jefferson (CO)
Parcel
:----------------*
:025069
Ridge 80033
Ridge Co 80033
7005 2570 0001 4282 1992
Phone
YB:1953 Pool: BldgSF:l,298 Ac:.22
MetroScan / Jefferson (CO) ----------------*
Parcel :025259
7005 2570 0001 4282 2005
.
Ridge 80033
Ridge Co 80033
Phone
YB:1960 Pool: BldgSF:2,263 Ac:
MetroScan / Jefferson (CO) :----------------*
Parcel :025323
7005 2570 0001 4282 2012
.
80033
Co 80033
Phone
BldgSF:l,572
YB: 1954 Pool:
MetroScan I Jefferson (CO)
Parcel
80033 Xfered
Co 80033 pr;;;05 2570 0001 4~82 2029
YB:1950 Pool. tHdgSF:960 Ac: .25
MetroScan / Jefferson (CO) ----------------*
Parcel :025428
--'7005 2570 0001
or ~'" f J vv
Phone
YB:1952 Pool: BldgSF:l,250 Ac:
MetroScan I Jefferson (CO) :----------------*
Parcel : 025507 , .'
~.700~5 257'0' 00 00^1' , 4{.
AC:
*
:025342
Ridge 80033
Ridge Co 80033
80033
Co 80033
YB:1953 Pool:
MetroScan / Jefferson
Phone
BldgSF:l,263
(CO)
Parcel
Xferen
7005
:----------------*
: 025716
Wheat Ridge 80033
Wheat Ridge Co 80033
o (I') ,/'"Ir::: ,,,,,,,~-
2570 0001 4282 2050
~ .~,..._J..1<;;;;:
YB:1950 Pool:
MetroScan / Jefferson
BldgSF: 1,071
Ac: .26
(CO)
Parcel
y-Fc,.,.-o,.-i
7005 2570 00D1 4282 2067
:----------------*
:025726
80033
Co 80033
"nc ,-1 ') J-1 1"'11"'1.....
.t'Ilune
YB: 1927 Pool: BldgSF: 1,512 Ac: .23
MetroScan I Jefferson (CO) :----------------*
Parcel :025771
7005 2570 0001 4282 2074
"or_'f-'VV
80033
Co 80033
YB:1948
Phone
BldgSF:l,164
AC: .33
Pool:
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of infomJation contained in this report.
*--~-------------------------:
MetroScan / Jefferson (CO) :----------------*
Parcel :025777
V~=~Q~ .n~/ns/?004
7005 2570 0001 4282 2081
80033
Co 80033
Owner :Land Zachary
Site :6401 W 47th PI Wheat Ridge
Mail :6401 W 47th PI Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.00 TotRm:
YB: 1912 Pool:
Met:roScan / Jefferson (CO)
Parcel
r'hone
BldgSF:1,678
Ac: .20
*----------------------------:
Owner :Shannon Paul A
Site :4741 Marshall St Wheat
Mail :4741 Marshall St Wheat
Use :1112 Res, Improved Land
Bedrm:3 Bath:l.OO TotRm:
*----------------------------:
:----------------*
:026112
Ridge 80033
Ridge Co 80033
7005 2570' Docil~4282 2098
Owner :Christen David J
Site :4735 Newland St Wheat Ridge
Mail :4735 Newland St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.75 TotRm:
YB: 1954 Pool:
Met:roScan / Jefferson (CO)
Parcel
Phone
BldgSF:l,656
Ac:
*
:026230
80033
Co 80033
7005 2570 0001 4282 2104
*----------------------------"
YB:1946 Pool:
Met:roScan / Jefferson (CO)
Parcel
Phone
BldgSF:1,325
Ac:
:----------------*
Owner :Perry Thomas A
Site :4740 Newland St Wheat Ridge
Mail :4740 Newland St Wheat Ridge
Use :1112 Res, Improved Land
Bedrm:3 Bath:1.75 TotRm:
80033
Co 80033
:026231
.11 /n1 /2001
7005 2570 0001 4282 2111
Phone
BldgSF:l,015
Ac: .21
*----------------------------:
YB:1954 Pool:
MetroScan / Jefferson
80033
Co 80033
(CO)
Parcel
Xfered
7005
:----------------*
Owner :Santorno Kerry
Site :4730 Newland St Wheat Ridge
Mail :4730 Newland St Wheat Ridge
Use :1112 Res,Improved Land
Bedrm:4 Bath:1.75 TotRm:
:026306
"1 n /(\0 /" ",...~
2570 0001 4282
2128
*----------------------------:
Owner :Valdez Monica M
Site :4730 Marshall St Wheat
Mail :4730 Marshall St Wheat
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.00 TotRm:
*----------------------------:
YB:1954 Pool:
MetroScan / Jefferson
BldgSF:1,083
Ac: .22
Owner :Mcnurney Ryan
Site :4770 pierce St Wheat Ridge 80033
Mail :4770 Pierce St Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone
Bedrm:2 Bath: 1. 00 TotRm: YB:1948 Pool: BldgSF:841 Ac: .23
*----------------------------. Met:roScan / Jefferson (CO) :----------------*
Owner :Thompson James P Parcel : 0266<;< 42~ 'C,a:1 ,
Site : 6411 W 47th PI Wheat Ridge 80033 Xf~r~-" 70 0001. a'-
Mail: 6411 W 47th PI Wheat Ridge Co 80033 7005 25 ,"'0
Use : 1112 Res, Improved Land . ne: .' '?l ~ ~
Bedrm:3 Bath:1.75 TotRm: YB:1952 Pool: BldgSF:l,078 A,,\:~'i'\\\ Co>
*----------------------------: Met:roScan / Jefferson (CO) :--------------~~,
Owner :Thomas Frank V Trustees Parcel :081389 .< US~<:>
Site :*no Site Address* ^O/4~ I~(\n~ ,
Mail: 5930 Estes Ct Arvada Co 80004 7005 2570 0001 4282 2166
Use :1177 Vacant,Residential,Limited Size Phone
Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:.07
~~~~-~~~~~~~;-;;~~~-~-------: Met:roscan~w~,. son (CO)parcel:--~~;~~~;-------*
Site : 4870 Marshall St Wheat Ridge 8003 L v.~__," 0" 0001 4282 2173
Mail: 4870 Marshall St Wheat Ridge Co 00 3. 7005 257
Use :5178 Misc,Residential,Mixed Use n _ r'hone:
Bedrm: Bath: TotRm:2 YB:1958 Pool: BldgSF:2,310 Ac: .08
*----------------------------: Met:roScan / Jefferson (CO) :----------------*
Owner :B & B Heating & Air Conditioning Inc Parcel :109719
Site : 4892 Marshall St Wheat Ridge 80033 7005 2570 0'0 '" ono
Mail :4892 Marshall St Wheat Ridge Co 80033 "~ 01 4282 2180
Use :3112 Ind, Improved Land Phone
Bedrm: Bath: TotRm:1 YB:1954 Pool: BldgSF:7,921
YB:1952 Pool:
Met:roScan / Jefferson (CO)
Parcel
(CO) :----------------*
Parcel :026333
;;05-2570'0001 4282 2135
~none :303 736 0376
BldgSF:1,302 Ac:.21
Ridge 80033
Ridge Co 80033
:----------------*
:026615
7005 2570 0001 4282 2142
Ac: .23
lnfonnation compiledfrom various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
,
*----------------------------; MetroScan / Jefferson
(CO) :----------------*
Parcel :136945
Xfered : 00; IOn /1 ggd
7005 2570 0001 4282 2197
Owner :Stefanich David A
Site :6300 W 49th Dr Wheat Ridge 80033
Mail :6885 Simms St Arvada Co 80004
Use :3111 Vacant,Industrial
Bedrm: Bath: TotRm:
.LJ..lvu.c:;
*----------------------------;
YB:
MetroScan /
BldgSF:
Ac:6.09
:-------------~--*
7005
:143509
: 01/15/2003
2570 0001 4282
2203
Owner :Sullivan Kelly M
Site :6821 W 48th Ave Wheat Ridge 80033
Mail :6821 W 48th Ave Wheat Ridge Co 80
Use :1112 Res,Improved Land
Bedrm:3 Bath:l.50 TotRm: YB.
*----------------------------; MetroScan /
Owner :Copper Fields Land Holdings Llc
Site :4901 Marshall St Wheat Ridge 80033
Mail :4901 Marshall St Wheat Ridge Co 80033
Use :2112 Com,Improved Land
Bedrm: Bath: TotRm:l YB:1930 Pool:
*----------------------------: MetroScan / Jefferson (CO)
Owner :City Of Wheat Ridge Parcel
Site :4900 Mars all St Wheat ge 80033 Xfered
Mail: 7500 W 29t ve Wh Ridge Co 80033 Price
Use :9149 Exempt,Po . b,Land Phone
Bedrm: Bath: YB: Pool: BldgSF: Ac: 6.07
*--------------- -----------. MetroScan / Jefferson (CO) :----------------*
Owner :Ready Mixed Concrete Company Parcel :194269
Site :Clr Crk & St Hwy 72 Wheat Ridge 80033 Xfered :08/22/19Rn
Mail: PO Box 2290 Denver Co 80201 7'005 2570 0001 4282 2227
Use :3111 Vacant,Industrial
Bedrm: Bath: TotRm:
~ ~~
1 Pool:
Jefferson (CO)
Parcel
Xrprpr!
BldgSF:854
Ac: .20
:----------------*
:164345
.11 I'll 1'1"^~
7005 2570 0001 4282 2210
r.i!Ul1t=
BldgSF:9,421
Ac:6.79
:----------------*
:188601
: 06/18/1998
YB:
MetroScan /
BldgSF:
AC: .74
*----------------------------:
Pool:
Jefferson (CO)
Parcel
Xfered
Price
Phone
BldgSF:
;----------------*
Owner :Kiper Lloyd R
Site :Clr Cr & St Hwy 72 Whe Ridge 80033
Mail :7657 Lam r St Arv 0 0003
Use :2177 Vacan erqial,Limited Size
Bedrm: B " TotRm: YB:
*----------------------------: MetroScan /
Owner :Mccoy Leslie
Site :6725 W 48th Ave Wheat Ridge 80033
Mail :6725 W 48th Ave Wheat Ridge Co 80033
Use :1112 Res,Improved Land
Bedrm:4 Bath:2.25 TotRm:
:194270
: 09/2211986
Pool:
Jefferson (CO)
Parcel
Xfered
Ac:.21
:----------------*
7005
:194816
: 08/26/2001
2570 0001 4282
2234
~~~-
YB:1989 Pool:
/ Jefferson
BldgSF:1,904
Ac:
*----------------------------:
Owner
Site
Mail
(CO)
Parcel
Xfered
Price
Phone
BldgSF:6,180
:----------------*
:197753
: 0611811997
Pool:
Ac:1.18
J:/O
Information compiledfrom various sources. Real Estate Solutiolls makes no repre~.entatiolls
or warranties as to the accuracy or completeness of iriformatioll contained in this report.
Donald Carl Osborn & Janice Osborn
2927 Benton St
Wheat Ridge, CO 80214
Waltraud Balliett & Wayne Balliett
PO Box 34
Pine, CO 80470
Swiss Valley Ltd Liability Co
4839 W Byron PI
Denver, CO 80212
Lloyd Kiper & Penny Kiper
7657 Lamar St
Arvada, CO 80003
Matthew Dean Miller & Libbie Miller
6829 W 48th Ave
Wheat Ridge, CO 80033
John Doran
4797 Blanding Cv
Memphis, TN 38118
Marilyn Lee Falbo
4795 Newland St
Wheat Ridge, CO 80033
Shirley Harwood
4731 Marshall St
Wheat Ridge, CO 80033
Mildred Swartz
4770 Otis St
Wheat Ridge, CO 80033
John Britton & Anne Britton
6800 W 48th Ave
Wheat Ridge, CO 80033
Donald Carl Osborn & Janice Osborn
2927 Benton St
Wheat Ridge, CO 80214
Christopher Trancoso & Nicole Trancoso
6807 W 48th Ave
Wheat Ridge, CO 80033
Troy Andasola
6811 W 48th Ave
Wheat Ridge, CO 80033
Conrad Troilo & Marian Troilo
6775 W 48th Ave
Wheat Ridge, CO 80033
Robert Adams
4775 Newland St
Wheat Ridge, CO 80033
Justin Paulsen & Amy Pavelka
4750 Otis St
Wheat Ridge, CO 80033
Edith Davis
6790 W 48th Ave
Wheat Ridge. CO 80033
James Preston Thompson
Sandra Leno Thompson
4761 Marshall St
Wheat Ridge, CO 80033
Anthony Martinez & Debra Martinez
4750 Marshall St
Wheat Ridge, CO 80033
James Case & Kathryn Case
6700 W 48th Ave
Wheat Ridge, CO 80033
Waltraud Balliett & Wayne Balliett
PO Box 34
Pine. CO 80470
Randall Evans
3435 S Birch St
Denver, CO 80222
John Hernandez & Sandra Hernandez
6855 W 48th Ave
Wheat Ridge, CO 80033
Royal Investment Enterplises Llc
4896 Marshall St
Wheat Ridge, CO 80033
German Barberena
4785 Newland St
Wheat Ridge, CO 80033
Kenneth Schmitz
4750 Newland St
Wheat Ridge, CO 80033
Betty Lou Junghaene
3692 Wright St
Wheat Ridge, CO 80033
Jason Wyperd
4760 Newland St
Wheat Ridge, CO 80033
Karen Combs
4790 Otis St
Wheat Ridge, CO 80033
Zachary Land
6401 W 47thPl
Wheat Ridge, CO 80033
I
Paul Shannon
4741 Marshall St
Wheat Ridge, CO 80033
Kerry Santomo & Kim Santorno
4730 Newland St
Wheat Ridge, CO 80033
James Thompson & Sandra Thompson
6411 W 47th PI
Wheat Ridge, CO 80033
B & B Heating & Air Conditioning Inc
4892 Marshall St
Wheat Ridge, CO 80033
Copper Fields Land Holdings Llc
4901 Marshall St
Wheat Ridge, CO 80033
Lloyd Kiper & Penny Kiper
7657 Lamar St
Arvada, CO 80003
David Christen & Deirdre Rae Christen
4735 Newland St
Wheat Ridge, CO 80033
Monica Valdez & Delia Valdez
4730 Marshall St
Wheat Ridge, CO 80033
Frank Thomas & Marilyn Thomas
5930 Estes Ct
Arvada, CO 80004
David Stefanich
6885 Simms St
Arvada, CO 80004
City Of Wheat Ridge
7500 W 29th Ave
Wheat Ridge, CO 80033
Leslie Mccoy
6725 W 48th Ave
Wheat Ridge, CO 80033
Thomas Perry & Kimber! y Perry
4740 Newland St
Wheat Ridge, CO 80033
Ryan Mcnurney & Heather Mcnurney
4770 Pierce St
Wheat Ridge, CO 80033
Damon Hensley & Katherine Hensley
4870 Marshall St
Wheat Ridge. CO 80033
Kelly Sullivan
6821 W 48th Ave
Wheat Ridge, CO 80033
Ready Mixed Concrete Company
PO Box 2290
Denver, CO 8020 I
Swiss Valley LId Liability Co
4839 W Byron PI
Denver, CO 80212
Russell Anderson
22993 Valley High Rd.
Morrison. CO 80465
Samuel J. Spano
6835 Allison St.
Arvada. CO 80004
Chad M. Smith
4765 Otis St.
Wheat Ridge, CO 80033
Parcel Number.. .52
39 133 05 006
39 133 07 001
39 133 08 001
39 133 08 002
39 133 08 003
39 133 08 004
39 133 08 005
39 133 05 001
39 133 05 002
39 133 05 003
39 133 05 004
39 133 04 004
39 133 04 003
39 133 06 001
39 133 06 002
39 133 06 003
39 144 00 014
39 144 00 015
39'144 00 016
39 144 00 017
39 144 00 018
39 144 00 019
39 242 01 012
39 242 01 013
39 242 01 015
39 242 01 016
39 144 00 011
39 144 00 012
39 144 00 013
39 144 99 003
39 242 02 005
39 242 02 006
39 242 02 007
39 242 02 008
39 242 03 005
39 242 03 006
39 242 03 007
39 242 03 008
39 242 03 009
39 242 03 010
39 242 04 005
39 242 04 006
39 242 04 007
39 242 04 008
39 242 04 009
39 242 01 014
39 242 02 004
39 242 02 009
39 242 02 010
39 242 03 004
39 231 01 003
*******************************
*
Search Parameters
*******************************
* Jefferson (CO)
* 4/12/2006
* 4:09 PM
*******************************
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Sil!n Worksheet (Freestandinl!/Wall)
Submittal requirements:
Copy of Deed ~
Site Plan (to scale)
~
Elevations D
Address: 4.90~ fV\~~N'\
Zoning: ~ .I. Use: ~1 ~4tJr Property in the flood plain? t-.Lo
Building Size: ~ sq. ft. Wall Length: ,~ ft.
Proposed Signage:
Wall:
Freestanding:
Other: to -1'2....
\,\\\\~J....
Maximum number of signs allowed: l
sq. ft..
sq. ft.
sq. ft.
Existing Signage:
Wall:
Freestanding:
Other: sq. ft.
\~~. l4;1l J .'" \\ '^'<>-\:
sV... 11-:' h<;<)\..--\ (,J'I-')
l4 ~ 3.5" 49
sq. ft.
sq. ft.
-€>{ce..~
@
$"0 (n
Required Setbacks: ROW
s; l~)
ROW (2)
lS U~)
Adjacent to residentially zoned 10 ft.
Provided Setbacks: ROW
to,
Located within a sight
Distance triangle? ..........-----
--
ROW (2)
~~ ,. 'to I
Adjacent to residentially zoned _ft.
I
I
Maximum Height:
~2
ft.
Maximum Size:
1'0::>
(.,1'2...
sq. ft.
Proposed Height:
So
ft.
Proposed Size:
sq. ft.
Non-conformine: Sil;ma!!e
If an existing sign is non-conforming in respect to setback, height or size, 'it may not be torn down and reconstructed.
Only a face change may occur.
Land,capine: Notes
For new non-residential construction, all freestanding signs must be located within a landscaped area.
Illumination
If a sign is located within 100 feet of a residential structure, only internal or indirect lighting is allowed.
Sie:ht Distance Triane:le
Sings may be allowed within the sight distance triangle, provided the area between 36 or 42 inches, whichever is
applicable, and 84 inches is maintained free and clear of obstruction. Additionally, the support poles may not exceed
one foot in diameter.
Copper Fields Land Holdings LLC
4901 Marshall St.
Wheat Ridge CO 80033
April 6, 2006
Travis Crane
Planner
City of Wheat Ridge
th
7500 West 29 Ave.
Wheat Ridge, CO 80033
RE: 4901 MARSHALL ST. - VARIANCE APPLICATION AND SUPPORTING
MATERIALS
Dear Mr. Crane:
Attached please find the required materials for our variance application at 4901 Marshall
St. This application is made to raise the overall height of a billboard from 32' to 50'.
We are attaching (per the City's checklist):
1. Original signed and notarized Land Use Case Processing Form for Variance
2. The required fee of$390.00
3. Our Letter ofIntent and Purpose
4. Proof of ownership in the form a recorded deed
5. A certified survey of the property measuring 24" x 36"
6. A copy of the certified survey measuring 11" x 17"
7. A site plan measuring 24" x 36"
8. A reduced copy of the site plan measuring 11" x 17"
9. Engineered drawings showing the sign as the proposed height
10. A letter from our fabricator explaining certain measurements on the drawings
relating to the change in height from 32' to 50'
In addition, we are attaching:
1. Several photographs showing the physical characteristics of our property and
how they relate to our billboard site
2. Several photographs showing a sign hung to 32' and the various obstructions
caused by our sub-grade level property
3. Renderings created from those same photographs illustrating the proposed
height of our billboard
,.
,
!
Page 2
4. A photograph ofthe billboard vinyl that was hung from a crane to illustrate
how we created these photographs.
We believe that these materials constitute a complete application. Please contact me at
once at 720-244-4655 should we be missing any information.
Thank you for your assistance with this matter.
Sincerely,
Copper Fields Land Holdings, LLC
Cheryl Wise
Managing Member
I
I
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant Copper Fields Land Holdings LLC Address 490 I Marshall St.
City Wheat Ridge State CO Zip 80033
Phone 720-898-8388
Fax 720-898-8390
Owner Copper Fields Land Holdings LLC
City Wheat Ridge
Address 4901 Marshall St.
State CO Zip 80033
Phone 720-898-8388
Fax 720-898-8390
Contact Mark Giordano Address 498 West llijf Ave. Phone 303-383-1000
City Denver State CO Zip 80223 Fax 303-282-3866
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): 4901 Marshall St.
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
- Change of zone or zone conditions - Special Use Permit
- Consolidation Plat - Subdivision: Minor (Slots or less)
- Flood Plain Special Exception - Subdivision: Major (More than 5 lots)
- Lot Line Adjustment - Right of Way Vacation
- Planned Building Group - Temporary Use, Building, Sign
- Site Development Plan approval )(.Variance/Waiver (from Section 26-711 C. 4.)
- Other:
Detailed description of request: Raise the overall height of our billboard from 32' to 50' to allow it to be seen from 1-
70. Our property sits substantiallv below the road grade ofI-70 and. with the present height limitation. our signs could
not be read. In addition, there are over 30 CDOTtrees that block our signs from the view ofI-70. These trees cannot be
legallv trimmed nor cut. Please note that the height we are reclUesting is identical to that of a billboard that was recentlv
removed from our propertv.
Required information:
Assessors Parcel Number: 39-133-05-006
Current Zoning: I
Current Use: Reception Hall
Size of Lot (acres or square footage): 296,002
Proposed Zoning: (same)
Proposed Use: (same)
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 om the 0 er whi h approved of this action on his behalf
Signature of Applicant
ub~cribed and sworn to me this -fJ!!.. day of -k~A ,
~~)
Notary Public
My commissi expires
, 20 JJ.ia.
CJ GARCIA
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires June 24, 2008
To be filled out by staff:
I
I.
Date received <7'1 b /Dt.
Comp Plan Desig.
Related Case No.
Fee $ :S?,ofJ/J- Receipt No. C~P76-
Zoning c.-I cj--x.
Pre-App Mtg. Date
Case No. W 4- 0 tP- os-
QuarterSectionMap SW /3
Case Manager C",e'A AI .G
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow~Up:
jwA0605
)copper Fields
If;:/() ,~ark Giordal)()
Ic:::()pper' Fields
I
1498 W. Iliff Ave.
IDenver, C089??~
1303-383-1000
~901 Marshall St.
!wheat Ridge, CO 80033
1720-898,8388
14901
IM~arshall Street
!wheat Ridge, CO 80033
ICrane
IActive
I
I
Quarter Section Map No.:
Related Cases:
Case History:
IsW13
I
ariance to height of
billboard. . .
Review Body:
APN:
IBOA: 4/27/06
139'133,05-D06
I
I
IBOA: 4/27/06
I
I
2nd Review Body:
2nd Review Date:
Decision~making Body:
ApprovalJ[fenial Date:
Reso/Ordinance No.:
Conditions of Approval:
District: III,
Date Received: 14/6!?QQIi
Pre~App Date:
CITY
OF ))HE~! T
F:IDGE
04,iY7 Iii:
'7'~30 Ar!
COF'F'EF~FIELD'3 P.!q..!T'~
RECEIPT NO;CO~:127:;
FMSD Zm'!ING AF'PLICATIm~
zm'.!E
FhSD ZO!'~IHG F(EIMBUF~SEJ1Er,!T
ZF:EIri
?i~YMEiF F~ECEIVED
Li'..
.-,-=",-,
l....".
TOTAL
_..!...
~!!10UNT
\In; I;i;
'7'0,00
~)f!OUHT
390,00
-;;q(\ (i{)
.---:
RECEPTlIlllIllL F13G4G25
11/21/2001 16.26.48 PG. 001-003
PAGE FEE. 15.00 DOC.FEE. 102.50
RECORDED IN JEFFERSON COUNTY, COLORADO
!
,
Filed for record the day of ,A.D. . at aldod:. M. RECORDER.
Reception No. B, DEPUTY .
wARRANTY DEED
THIS DEED. Made on this day of November 16. 2001 .
W-< between MURPHY BOREW. CHAl'I1lRII7. DISABLED AMERICAN VETERANS OFTHE WORLD WAR. A COLORADO
NON.PROFIT CORPORATION MURPHY BOREUl KLUMKER. CHAPFER n, DISABLED AMERICAN VETERANS OF
THE WORLD WAR. A COU>RADQ NON.PROFIT CORPORATION
\~: whose legal address is: S800 W. ALAMEDA. 3RD FLOOR. LAKEWOOD. CO 80226
of the Grantor(s). and
COPPER FIELDS LAND HOLDINGS. L.L.C.. A COLORADO UMITED llABIL11Y COMPANY
whose legal address is : 4901 MARSHALL STREET. WHEATRIDGB. CO 80233
of the Grantee(s):
WITNESS. That the Grantor(s). for and in consideration of the SUD of ( SI.025.000.oo l
.... One Million Twenty Five Thousand and 00/100 ... DOLLARS
the receipt and SUfficiency of which is hereby acknowledged. has granted, bargained. sold and conveyed, and by these
presents does grant. bargain, sell. convey and confinn Wlto the Grantee(s). his heirs and assigns forever, all the
real property, together with iqrovements. if any, situate, lying ard being in the County of
JBFFBRSON and State of Colorado, desc;ribed as follows:
SEE BXIIIBIT "A' ATIACHED IIERETOAND MADE A PART HEREOF
also known as street l\l.D)er 4901 MARSHALL sr. WllEATRIDGE. CO 80233
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and revel"Sions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and deinanc:I whatsoever of the Grantor(s), either in law 01" equity, of, in and to the above bargained
premises, with the heredit8llll!r\ts and appurtenances;
TOBAVEANDTOHOLD the said preAlises above bargained and described with appurtenances, unto the Grantee(s),
his heil"S and assigns forever. The GrantorCS), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and dell very
of these presents, he is well seized of the premises above conveyed, has goad, sure, perfect. absolute and indefeasible
~sute of inheritance, in law, in fee simple, and has good right, full power and lawfol authority to yrant, ban,ain,
sell and convey the same in lll8l'V18r and form as aforesaid, and that the SBIIIB are free and clear frDlll all former and other
grants, bargains, sales, 1 fens, taxes, assessnents, ena.wGrances and restrictions of whatever kind or tiature soever,
EXCEl'[ GENERAL TAXES AND ASSESSMENIll FOR THE YEAR 2001 AND SUBSEQUENT YEARS; EXCEPl'lONS AS LISTED ON
BXIIIBIT '8' ATIACHED AND MADE A PART HEREOF AS IF FULLy SET FORTH III!REIN
The Grantor(s) shall and will I.IARRANT AND FOREVER DEfEND the above bargained premises in the quiet and peaceable
possession of the Gr8ntee(s), his heirs and assigns, against all and every person'or persons lawfully claiming the whole
or any pelrt thereof. The singular rud:Jer shall include the plural, and the plural the singular, and the use of any gender
II! shall be appl icable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
~ ~ ~I~~CAN
i~
~
VETERANS OF THE WO WAR, A COLORADO
i'3\'A NON-PROFIT CORPORATION NIKlA
0 ~
~~ " MURPHY BOREW KLUMKER. CHAl'I1lR 7. DISABLED
~ ~!-~~'ifl
I-" AMERICAN VEl'ERANS OF THE WORLD WAR. A
'" OOLORADO NON-PROFIT CORPORATION
)
)ss. BY'P/t.tlt.. uJ.Sflc~/J
)
(!olnll7onde
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WITNESS, That the GrantorCs), for arxl in consideration of the Sl.lll of ( $1.025.000.00
... One MiUion Twenty Five Thousand and 001100 ... OOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed. and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with iu:provements, if any, situate, lying and being in the County of
JEFFERSON and State of Colorado, described as foLLows:
SEE EXHIBIT "A- ATfACHED HERErO AND MADRA PART HEREOF
also known as street ru:iJer 4901 MARSHALL ST. WHEATRIDGE. CO 80233
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the rever-sion and rever-sions, remainder and remainders, rents. issues and profits thereof; and all the estate. right
title interest. claim and delIIand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaoents and appurtenances;
TOBAVEANDTOBOLD the said prelllises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The GrantorCs), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the GranteeCs.), his. heirs and KSigrs, that at the time of the ensealing and delivery
of these presents. he is well seized of the pr.ises above conveyed, has good, sure. perfect, absolute and indefeasible
estate of inheritance, in law. in fee silllPle, and has good right, full power and lawful authority to grant, ban,ain,
sell and convey the same in IMI'I'M!r and form as aforesaid, and that the sarae are free and clear fr(lQl all former and other
grants. bargains. sales. Liens, taxes. asSesSfllentS. encUlbrances and ,restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR TIlE YRAR 2001 AND SUBSBQUENf YEARS; EXCEPTIONS AS USTBD ON
EXHIBIT "B" ATIACIIED AND MADBAPARf HEREOF AS IF FULLY SEl'FORTH HEREIN
The Grantor(s) shall and will UARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against aLL and every person or persons lawfuLLy claiming the whole
or any part thereof. The singular IllIIt>>er shall include the plural, an::I the plural the singular, and the use of any gender
shaLL be appliCable to aLL genders.
INWlTNESSWHEREOF the Grantor's) hos ""~ted~~te~~
HYBORBLLl. 111. ulSABLEDAMERlCAN
VETERANS OF THE WO WAR. A COlDRADO
NON-PROFIT CORPORATION NIKIA
sfrJIK;-~ J1IJ1fig
~ County of jj/1
MURPHY BOREW KLUMKER. CHAFfER 7. DISABLED
AMERICAN VBTBRANS OF TIlE WORLD WAR. A
COLORAOO NON-PROFIT CORPORATION
)
)...
)
BY, fltj/(. uI. .JQC.rn
(!p/n/1Jallde
by
os;"'1'l0'T~ PUBLIC
~~ptooebMOO
My eu....h.. !II. Explre6 Dee. 31. 2004
Escrowtl ACZ1197
Ti tl e# . ABC803241
When Recorded Return to: FIELDS lAND HOLDINGS, l.L.C., A
ORADO LIMITED LIABILITY CQMPAHY
195 DOVER STREET, lAKE\IOOD, CO 80226
Form CotII.W WARRAMTY DEED (for photographic Record)
EXHIBIT B
Our Order No. ABCll03241-8
UTILITY EASEMENT AS GRANTED TO WHEATRIDGE SANITATION DISTRICT IN
INSTRUMENT RECORDED February 13, 1952, IN BOOK 150 AT PAGE 119.
(AFFECTS PARCEL I)
RESERVATION OF EACH AND EVERY RIGHT OF ACCESS TO AND FROM ANY PART OF
THE RIGHT OF WAY OF 1,10 AS DESCRIBED IN DEED RECORDED MARCH 21, 1990
UNDER RECEPTION NO. 9OO244OS.
COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT
RECORDED JULY 26, 1965 IN BOOK 1810 AT PAGE 252.
ANY BOUNDARY DISPUTE DUE TO THE FACT THAT FENCE UNES ARE INSIDE AND
OUTSIDE BOUNDARY UNES AS DISCLOSED BY IMPROVEMENT SURVEY PLAT
PREPARED BY KURT O. LINN SURVEYOR, INC.. DATED NOVEMBER IS, 2001, JOB
NO. 0111-03.
RECORDATION REQUESTED BY:
Premier Bank
1630 Stout Street
Denver, CO 80202
WHEN RECORDED MAIL TO:
Premier Bank
1630 Stout Street
Denver, CO 80202
SEND TAX NOTICES TO:
Copper Fields Land Holding, LLC.
4901 Marshall Street
Wheatridae. CO 80033
FOR RECORDER'S USE ONLY
DEED OF TRUST
~
THIS DEED OF TRUST is dated November 15, 2001, among Copper Fields Land Holding, LL.C., whose
address is 4901 Marshall Street, Wheatridge, CO 80033 ("Grantor"); Premier Bank, whose address is
1630 Stout Street, Denver, CO 8'0202 (referred to below sometimes as "Lender" and sometimes as
"Beneficiary"); art'd the Public Trustee of Jefferson County. Colorado (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the
benefit of Lender as Beneficiary all 01 Grantor's right, title, and interest in and to the following described real property, togelher with all
existing or subsequently erected or affixed buildings, improvements and fixtur.es; all easements, rights of way, and appurtenances; all water,
water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and aU other rights, royalties, and profits relating to the
real property, including without limitation all mInerals, oil, gas, geothermal and simUar matters, (the nReal Property") located in
Jefferson County, State of Colorado:
See Attached Exhibit "A"
The Real Property or its address is commonly known as 4901 Marshall Street, Wheatridge, CO 80033.
Grantor presently assigns to Lender (also known as BeneficiarY in this Deed of Trust) all of Grantor's light, litle, and interest in and 10 all
present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to lender a Uniform Commercial Code
security interest in the Personal Property and Rents.
THIS OEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL
OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request
and not at the request of Lender, (b) Grantor has the full power, right, and authority to enter Into this Deed of Trust and to hypothecate the
Property; (c) the provisions of this Deed of Trust do not conflict wilh, or result in a defaull under any agreement or other instrument binding
upon Grantor and do nol result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established
adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condilion; and (e) Lender has
made no representation to Grantor about Borrower (including without limitation the creditworthiness 01 Borrower).
GRANTOR'S WAIVERS. Grantor waives all rights or defenses ariSing by reason of any "one action" or "anti-deficiency" law, or any other law
which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is oth~_rwise entilled
to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure aeiion, either judicially or by exercise of a
power of sale.
PAYMENT AND PERFORMANCE. Exoept as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
secUred by Ihis Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respectivj': obligations under the
Note, this Deed of Trusl, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Granlor's possession and use
of thePrope-rty shall be govemed by the following provisions:
Possession and Use. Untff the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property;
(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs. replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During 1he period of Grantor's
ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release
of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to
believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
lhreatened litigalion or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
acknowledged by lender in writing, (a) neither Grantor nor any tenant, conlractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treal, dispose of or release any Hazardous Substance on, under, about or from Ihe Property; and (b)
any such activity shall be conducted in compliance with all applicable fecleral, slate, and local laws, regulations and ordinances,
including without limilation all Environmental laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section
of the Deed of Trust. Any inspectionS or tests made by Lender shall be for Lender's purposes only and shall not be construed to craate
any responsibffity or Ilability on the part of Lender to Granlor or 10 any other person. The representations and warranties contained
herein are based on Grantor's due diligence in investigating the Property fOf Hazardous Substances. Grantor hereby {1} releases and
waives any future claims against Lender for indemnity or contribution in the even! Grantor becomes liable for cleanup or other costs
under any such laws; and (2) agrees to indemnify and hold harmless lender against any and all claims, losses, liabilities, damages,
penalties. and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of
Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior 10
Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of
". . . ,,_ _ ....__.. _< ...._._. ,__,.....,__ '''A _..,,~^"^^ .^ ;^...I^~~'I" _I-^ll ..."...,;..~ """ ",<>"""",,,1 "f th", lnn",Nt"nn""" AM lhp
Loan No: 968139380
DEED OF TRUST
(Continued)
Page 2
other party the right to remove, any limber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without
Lender's prior written consent
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior
wrilten consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to
Lender to replace such Improvements wllh Improvements of at least equat value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this
Deed of Trust.
Compliance with Governmental Requirements. GranlOr shall promptly comply with all laws, ordinances, and regutations, now or
hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
Americans With Disabilities Act. Grantor may contest In good faith any such law. ordinance, or regulation and withhold compiiance
during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long
as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate
security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interesl
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to
those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
preserve the Property.
DUE ON SALE w CONSENT BY LENDER. Lender may, at Lender's option, declare immedIately due and payable all sums secured by this
Deed of Trust upon the sale or transfer, without lender's prior written consent, of all or any part of the Real Property, or any interest in the
Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
beneficial or equitable; whether voluntary or involuntary; whether by outrighl sale, deed, instaUment sale contract, land contract, contract for
deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by saJe, assignment, or transfer of any beneficial
interesl in or to any land trust holding tille to the Real Property, or by any other method of conveyance of an interest in the Real Property. If
any Granlor is a corporation, partnership or limited liab~ity company, transfer also includes any change in ownership of more than twenty-five
percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However,
this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law.
TAXES AND UENS. The following provisions relalil'lg to the taxes and Hens on the Property are part of this Deed ofTrust:
Payment. Granlor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
on or for services rendered or materiallurnished to the Property. Grantor shall maintain the Property free of all liens having priority over
or equal to the interest of Lender under this Deed of Trust, except for the Uen of taxes and assessments not due and except as
otherwise provided in this Deed of Trust.
RIght to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a Hen arises or is filed as a result of nonpayment,
Grantor shall within llfteen (15) days after the lien arises or, if a Uen is filed, within fifteen (15) days after Granlor has notice of the filing,
secure the discharge 01 the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other
security satisfactory to lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that
could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy
any adverse judgment before enforcement against the Property. Grantor shall name lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand fumish 10 Lender satisfaclory evidence of payment of the taxes or assessments and
shall autlloriZe tile appropriate governmental official to delIver to lender at any time a written slatemenl of the taxes and assessments
againstlhe Property.
Notice of ConstructIon. Grantor shall notify L.ender at least fifteen (15) days before any work is commenced, any'servlces are
furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's Hen, or other Hen could be asserted on
account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to
Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance wiI:h standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, Grantor shall also
procure and maintain comprehenSive general Habmty insurance in such coverage amounls as Lender may request with Truslee and
Lender being named as additional insureds in such liability insurance poIiGies. Addllionally, Grantor shall maintain such other insurance,
including but not limited to hazard, business interruption, and bo~er insurance, as lender may reasonably require. Policies shan be
written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably
acceptable 10 Lender. Granfor, upon request of Lender, will deliver to lender from time to time the policies or certificates of insurance
in form satisfactory to Lender, including stipulations Ihat coverages will not be cancelled or diminiShed without at least tel1 (10) days
prior wrHten noUce to lender. Each insurance policy also shall indude an endorsemenl provlding that coverage in favor of lende"r will
not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an
area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to
obtain and maintain Federal Flood Insurance, if avanable, within 45 days after notice is given by Lender that the Property is located in a
special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to
the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maIntain such
insurance for the term Of the loan.
Application of Proceeds, Grantor shal1 promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
if Grantor fails to do so within fifteen {15} days of the casualty. Whether or not Lender's security is impaired, Lender may. at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction 01 the Indebtedness, payment of any
lien affecting the Property, or the restoration and repair of the Properly. If lender elects to apply the proceeds to restoration and repair,
Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisiactof'{ proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if
. \n de\au\\ under \his Oeed 01 Trust. Any proceeds which have not been disbursed within 180 days alter their receipt and
. 'property shall be used first to pay any amount owing 10 Lender under
to)he principal balance of the Indebtedness.
'~\'&\~\, ~'<. ~\a~\.<:::.'\'<>. \,\\\~\""",'I&
"'.
Loan No: 968139380
(Continued)
Page 3
expiration dale of the policy. Grantor shall, upon request of lender, have an independent appraiser salisfactol)' to Lender determine
the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced thai would materially affect Lender's inleresl in the Property or if
Grantor faUs to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to
discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, lender
on Granior's behalf may (but shall not be obligated to) take any aclion that Lender deems appropriate, including but not limited to
discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and
paying all costs for Insuring, maintaining and preserving the Property. All such expenditures incurred or paid by lender lor such purposes
will then bear interest at the rate charged under the Note from the date incurred or paId by lender to the date of repayment by Grantor. All
such expenses will become a part of the Indebtedness and, at lender's option. wiil (A) be payable on demand: {Bl be added (0 the
balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
any applicable insurance policy; or (2) the remaining term of the Note; or (C) be trealed as a balloon payment which will be due and
payable at the Note's maturity. The Deed of Trust also wHl secure payment of these amounts. Such right shall be in addition to all other
rights and remedies to which lender may be entitled upon Default
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Grantor warrants thaI: (a) Grantor holds good and marketable tille of record to the Property in fee simple, free and clear of all
li~ris and encumbrances other than those set forth in the Real Property description or in any title insurance policy, tiUe report, or final title
opinion issued In favor of, and accepted by, lender in connection with this Deed of Trust, and (b) Grantor ha:s the full right, power, and
authority to executa and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the tille to the Property
against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's tille or the interest
of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party
in such proceeding, but lender shall be entitled to participate in the proceedinf) and to be represented in the proceeding by counsel of
Lender's own choice, and Grantor wlfl deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to
time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with aJj existing applicable
laws, ordinances, and regulations of govemmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor In this Deed of Trust
shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until
SUCh time as Borrower's Indebtedness shall be paid in fulL
CONDEMNATION. The fallowing provisions relating to condemnation proceerlings are a part of this Deed of Trust
Proceedings. If any proceeding in condemnation is filed, Grantor shall promplly notify Lender in writing, and Grantor shall promptly
take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such
proceeding, but Lender shall be entilled to participate in the proceeding and to be represented in the proceeding by counsel of its own
choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by
Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require thai all or any portion of the net proceeds of the award be applied
to the Indebtedness or the repair or restoration of the Property. The nel proceeds of the award shall mean the award after payment of
all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
taxes, fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender. Grantor shall execute such documents in addition to this Deed;of Trust
and take whatever other action is requested by Lender to perteet and continue Lender's lien on the Real Property. Granfor shall
reimburse Lender for all taxes, as descrihed below, together with all expenses incurred in recording, perfecting or continuing thIS Deed
of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
Trust
Taxes. The following shall constitute taxes to which this section applies: {1} a specific tax upon this type of Deed of Trust or upon all
or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorizeo or required
to deduct from payments on the Indebtedness secured by this type of Deed of Trust: (3) a tax on this type of Deed 01 Trust chargeable
against the Lender or the holder of the Nole; and (4) a specific tax on all or any portion of the Indebledness or on payments of
principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shall
have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Evenl of Default as
provided below unless Grantor either (1) pays the tax before it becomes delirn:juent, or (2) contests the tax as provided above in the
Taxes and Liens section and deposits with lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; ANANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are
a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the exlenl any of the Property constituies fixtures, and
Lender shall have all of the rights of a secured party under the Unifonn Commercial Code as amended from time to time.
Security Interest Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by
Lender to perfect and continua Lender'S security interest in the Rents and Personal Property. In addition to recording thjs Deed of Trust
in the real property records. lender may, at any time and without further authorization from Granlor, file executed counterparts, copies
or reproductions of this D~ of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in pertecting
or continuing this security interest Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property.
Upon default, Graotor shall assemble any Personal Property not affIXed to the Property in a manner and at a place reasonably
convenient to Grantor and Lender and make it available to lender within three (3) days after receipt of written demand from Lender to
the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security
interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
page of this Deed of Trust
FURTHER ASSURANCES; ATTORNEYMIN-FACT. The following provisions relating to further assurances and altomey.in.fact are a part 01
this Deed of Trust:
...._.....~__ "-__n______ .. __..,,___ __-' ,___ .,__._ -'__ . ___ u_..__. _" __-'__ ....___.__...'" __.._ _..__._._ __-' -'-"..-- --
Loan No: 968139380
DEED OF TRUST
(Continued)
Page 4
the Related Documents, and (2) the liens and security interests created by this Deed 01 Trust as first and prior liens on the Property,
wI1ether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor
shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
Attorney-In-Fact. If Grantor fails to do any of the things referroo 10 In the precadlllg paragraph, Lender may do so for and in the name
of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoinls Lender as Grantor's attorney-in-fact for
the purpose 01 making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
sole opinion, to accomplish the matters referred to In the preceding paragraph,
FULL PERFORMANCE. Grantor may, upon production of the Note duly cancelled, release thIs Deed of Trust, and such release shall
constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust Lender agrees to
cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by
law shall be paid by Grantor, If permitted by applicable law,
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Oeed of Trust
Payment Defaull Borrower fails to mak.e any payment when due under the Indebtedness.
other Defaults. Borrower or Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in
this Deed of Trust or in any of the Related Documents or 10 comply with or to pertorm any rnrm, obligation, covenant or condition
contained In any other agreement between lender and Borrower or Grantor.
Compliance Default. Failure 10 comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
or in any of the Related Documents. If such a failure is curable and if Borrower or Grantor has not been given a notice of a breach of
the same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will have
occurred) If Borrower or Grantor, alter Lender sends written notice demanding cure of such failure: (a) cures the failure witllin fifteen
(15) days; or (b) if the cure requires more than fifteen (15) days, immediately Inltiates steps sufficlent to cure the failure and thereafter
continues and completes all reasonable and necessary steps suffICient to produce compliance as soon as reasonably practical.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to mak.e any payment for taxes or
insurance, or any olher payment necessary to prevent filing of or to effecl discharge of any lien.
False statements: Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or
Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, eltl1er now or at the
time made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralilatlon, This Deed of Trust or any of the'Related Documents ceases to be in full force and effect (including failure
of any eoUatersl document to create a valid and perlected security Interest or lien) at any time and for any reason.
Death or Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the Insolvency of
Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for ttle benefit of
creditors, any type of credilor workoul, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
Borrower or Grantor.
Creditor or Forfelture Proceedlngs_ Commencement of foreclooure or forfeiture proceedings, whether by judicial proceeding,
self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any
property securIng the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, Including deposit
accounts, with Lender. However, this Event of Default shall not apply if there Is s good faith dispute by Borrower or Grantor as to the
validity or reasonableness of Ihe claim which is the basis of the creditor or forteiture proceeding and if Borrower or Grantor gives lender
written notice of the creditor or forfellure proceedIng and depoSits with \.ef1der monies or a surety bond for the creditor or forleiture
proceeding, in an amount determined by Lender, in ils sole discretion, as being an adequate reserve or bond for the dispute.
Breach of other Agreement, Any breach by Borrower or Grantor under the terms of any ott1er agreement between Borrower or
Granlor and Lender tIlat [s not remedied within any grace period provided therein, including without limitation any ~reement
concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. MY of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the lnrlebteaness.
Adverse Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the prospect of
payment or performan09 of the Indebtedness is impaired.
Insecurity. lender in good faith believes itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Oeed of Trust, at any time thereafter. Trustee or Lender
may exercise anyone or more of the following rights and remedies:
ElecUon of Remedies. Section by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
make expenditures or to take action to perform an obligation of Grantor under this Oeed of Trust, after Grantor's failure to perform, shall
not affect Lender's right 10 declare a default and exercise Its remedies.
Accelerate fndebtedness. Lender shall have the right at lis option withoul notice to Borrower or Grantor to declare the entire
Indebtedne!38 immediately due and payable, including any prepayment penalty which Borrower would be required to pay. .
ForecJosure, Lender shall have the right to cause all or any part of the Real Property, and Personal Property, jf lender decides to
proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respectS
foreclosures against real property. The Truslee shall give notice in accordance with the laws of Colorado, The Trustee shall apply the
proceedS of the sale in the following order; (a) to all costs and expenses of the sale, including but not limited to Trustee's fees,
attomeys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or
persons legally entitled to the excess.
UCC Remedies. With respect to all or any part of the Persona! Property, Lender shall have all the rights and remedies of a secured
party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the
Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use
fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to
endorse instruments received In payment thereof in the name of Grantor and 10 negotiate the same and collect the proceeds. Payments
by tenants or other usars to Lender In response to Lender's demand shall satisfy the obligations for which the payments are made,
whether or not any proper grounds lor the demand existed. lender may exercise its rights under this subparagraph either in person, by
aaenl, or through a receiver.
Loan No: 968139380
DEED OF TRUST
(Continued)
Page 5
Tenancy at Sufferance. II Grantor remains in possession of the Property after the Property is sold as provided above or lender
otherwise becomes entitled to possession 01 the Property upon default of Grantor, Grantor shall become a tenant at sufferance of
Lender or the purchaser 01 the Property and shall, al Lender's option. either (1) pay a reasonable rental for Ihe use allhe Property, or
{2} vacate the Property immediately upon the demand of lender.
Other Remedies. Trustee or lender shall have any other right or remedy provided in this Deed of Trust or !he Note or by law.
Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election
and demand wilh the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales.
Lender shall be entitled 10 bid at any publiC sale on all or any portion of the Property. Upon any sale of the Property, whether made
under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the NotE is a purchaser at such
sale, it shan be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of aU, or any portion of,
the purchase price of the Property purchased, and. in such case, this Deed of Trust, the Nole, and any documents evidencing
expendltures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of
Indebtedness so used or applied may be credited thereon as having been paid.
Attorneys' Fees; Expenses, If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal.
Whether or not any court action is involved, and to the extent not prohibited by law, aU reasonable expenses Lender incurs that in
LE~nder's opinion are necessary at any time for the protecUon of its interest or the enforcement of its rights shall become a part of the
Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditur~ until repaid. Expenses
covered by this paragraph include, without limitation, however subject to any limits under applicable law, lender's aUomeys' lees
. whether or not Ihere is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment colleclion services, the cost of searching records,
obtaining title reports (including foreclosure repcrts), surveyors' reports, and.appraisal fees, title insurance. and lees for the Trustee. to
the extent permitted by applioable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shalt have all of the rights and duties of Lender as set forth in this section.
NOTICES, Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale
shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by
law), when deposited wittl a nationally rQCOgnized ovarnight courier, or. if mailed, when deposited in the United StEtes mail, as first class,
certified or registered mail postage prepaid. directed to the addresses shown near the beginning of this Deed of Trust All copies of notlces
of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the
beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the
other parties. specifying that the purpose of the notice IS to change the party's address. For notice purposes, Grantor agrees to keep Lender
informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than ons Grantor, any
notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
COLLATERAL CONDITIONS.. The loan secured by Ihis lien was made under a United States Small Business Administration (SBA)
nationwide program which uses tax dollars to assist small business owners. If the United States is seeking 10 enforce this document, then
under seA regulations: (a) When SBA is the holder of the Note, this document and all documents eVidencing or securing this Loan will be
construed in accordance with federal law. (b) Lender or SBA may use local or state procedures for purposes such as tiling papers.
recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waiv9 any federal
immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law
to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbritralion
Is nol enforceable when SBA is the holder of the Note secured by lhis instrument.
MISCELLANEOUS PROVISIONS, The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence. Grantor shall furnish to Lender, upon request, a
certified statement of net operallng income received from the Property during Granlor's previous fiscal year in such furm and detail as
Lender shall require. 'Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
"Connection with the operation of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used i9 interpret or
define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or eslate created by this Deed of Trust with any other interest or estate in the Property
at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with tederallaw and the lawB of
the State of Colorado. This Deed of Trust has been accepted by Lender in the State of Colorado.
Joint and Several Uability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all
references to Grantor shall mean each and every Granlor, and all references to Borrower shalt mean each and every Borrower. This
means that each Borrower and Grantor sIgning below is responsIble for all obligations in this Deed of Trust. Where anyone or more of
the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary lor Lender 10 iflquire into the
powers of any of the officers. directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any
obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shan operate as a waiver of such righl
or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of lender's right
otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor
any course of dealing between Lender and Grantor. shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations
as to any future transactions. Whenever the consent of lender is required under this Deed of Trust, the granting of such consent by
Lender In any instance shall not consli!ule continuing consent to subsequent instances where such consent Is required and in all cases
such consent may be granted or wilhheld in the sole discretlon of Lender.
Severability. If a court 01 competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
feasible, the offending provision shall be considered modilied so that it becomeS legai, valid and enforceable. If the offending provision
cannot be so modified, it shall be considered deleted from this Deed of Trust Unless otherwise required by law, the illegality. invalidity,
or unenforceability of any provision- of this Deed of Trust shall not affect the legality. validity or enforceability of any other provision of this
Loan No: 968139380
DEED OF TRUST
(Continued)
Page 6
Time is of the Essence. Time is 01 the essence in the performance of this Deed of Trust
Waiver 01 Homestead Exemption. Granlor hereby releases and waives all rights and benefits of the homestead exemption laws of the
State of Colorado as to all Indebtedness secured by this Deed of Trusl.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust Unless
specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
and terms not otherwise defined in this Deed of Trust shall have the meanings atlnbuted to such terms in the Uniform Comnwrcial CocIe:
Beneficiary. The word "Beneficiary" means Premier Bank, and its successors and assigns.
Borrower. The word "Borrower" means Copper Fields Land Holding, L.LC.; and Copper Fields Events Chateau, Inc., and all other
persons and entities signing the Note in whatever capaCity.
Deed, of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without
limitation all assignment and security interest provisions relating to the Personal Property and Rents.
Default. 1)1e word "Default' means the Defaul! set forth in this Deed of Trust in the section titled 'Defaulf'.
Environmental Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relaling to the protection of human health or the environment, including without l1milalion the Comprehensive Environmental Response,
Compensation, and Uability Act of 1980, as anwnded, 42 V.S.C. Section 9oot,et seq. (~CEACLA'), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L No. 99-499 (~SARA'), the Hazardous Materials Transportation Act, 49 V.S.C. Section 1801, et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. ThQ words "Evenl at Demult" nwan any of the events of default set forth in this Deed of Trust in the events of default
section of this Deed of Trust.
Grantor.. The word "Grantor' means Copper Fields Land Holdjng, LLC..
Guarantor. The "",ord "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty, The word "Guaranty" means the guaranty from Guarantor to Lender, including without Umltation a guaranty of aU or part of
the Note.
Hazardous Substances. The words "Hazardous Substances'; mean materials that, because of their quan!ity, concentration or physical,
chemical or infectious characterislics, may cause or pose a present or polential haZard to human health or the environment when
improperly used, treated, slored. disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, malerials or
waste as defined by or listed under the Environmental laws. The term "Hazardous Substances" also includes, without limitation,
petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buffdings, structures, mobile homes affixed on
the Real Property, facilities, additions. replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest. and other amounts, costs and expenses payable under the Note
or Aelated Documents, together with all renewals of, extensions 01, modifications of, consolldations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by
Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
Deed 01 Trust.
lender. The word "lender" means Premier Bank, its successors and assigns.
Note. The word "Note" means the promissory note dated November 15, 2001, in the original principal amount of
$1,169,000.00 from Borrower to Lender, together with all renewals of, extensions of, morliflCations of, refmancings of, consolidations
of, and substitutions for the promissory note or agreement.
Personal Property. The words uPersonal Property" mean ail equipment, fixtures, and other articles of personal property now or
hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
additions to. all replacements of, and all substitutions for, any of such property; arn:! together with all proceeds (including without
limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property, The word "Property" means COllectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the reai property, interests and rights, as fI:Irtherdescribed in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whell1er now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
from the Property. .
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS
TERMS.
GRANTOR:
COPPER FIELDS LAND HOLDING, LLC.
~7k '
By:~ ~ lJ
Chery L e, Member/Manager of Copper Relds Land Holding, LLC.
. ,
Loan No: 968139380
DEED OF iRUSi
~Continued)
Page 1
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
()~Ioclro
)
lSS
)
STATE OF
COUNTY of'l1o,,uPr
On this /5 it.... day of ;J/Ot/p.tY'bV 20 0/ ,before me, the undersigned Notary Public,
personally appeared Cheryl L Wise, MemberlManager of copper Fields land Holding, L..L.C., and known 10 me to be a member or
designated agent at the limited liability company that eXeGuted the Deed of Trust and acknowledged the Deed of Twsl to be lhe free and
voluntary Bel asd oJ;the limited llabHlty company, by authority 01 statute, Its articles of organization or its operating agreern8H\' for the
uses and p. pes th n mentioned, and an oath slated that he Of she is authorized to execute this Deed ot Trust and in fact executed U1e
Deed of,. of !he limited liability company.
BY,' , . Residing at Il(c),M j,l,'JC;{ r;~;;.~
NotarY Public In and for the Stale of f:;!tJr0c1o r'-GEORGE"'T~fOi~:,tn expires ~ -- 27- 2'002.-
: NOTARY PUBLIC ~
: STATE OF COLORADO ~
.,.,.....,...----------- ~
lAWll<Ia,_v.._._.._"'oo""..."""...._...J/t&..~I\tor.okil!"J.I;~~u~'lIt:KfJlU'l."'.1.fc..,."."fI...
EXlIIBIT !IAn
LEGAL DESCRIPTION
THAT PART OF BLOCK 20. BERKELEY HEiGHTS (2) SECOND FILING. JEFFERON COUNTY.
COLORADO. DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF HIE SOUTHWEST QUARTER (SW 1/4) OF
SECTION 13. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MElHOIAN.
BEING ALSO THE WEST LINE OF BLOCK 20. BERKELEY HEIGHTS SECOND FlUNG, WHICH IS
594.3 FEET NORTH FROM THE SOUTHWEST CORNER OF SAID SEcnON 13;
THENCE RUNNING NORTH 74 DEGREES 47 MINUTES EAST. 1375 FEET;
THENCE SOUTH ,AND PARALLEL WITH THE SECTION LINE TO SOUTH BOUNDARY OF SAID BLOCK
20;
THENCE SOUTHWESTERLY ALONG SOUTH LINE OF SAID BLOCK 20 TO A TRACT OF LAND
HERETOFORE CONVEYED TO DENVER AND NORTHWESTERN RAILWAY COMPANY BY DEED RECORDED
IN BOOK 121 AT PAGE 48,1EFPERSON COUNTY RECRODS;
THENCE NORTHWESTERLY ALONG SAID RAILWAY TRACT OP LAND TO WEST LINE OF SAID BLOCK
20;
THENCE NORTH ALONG SAID WEST LINE OF BLOCK 20 TO PLACE OF BEGINNING TO,GETHER
WITH ALL WATER RIGHTS APPURTENANT AND ALL DITCHES ON PROPERTY LYING' EAST AND
NORTH OF COUNTY ROAD AND ON SOUTH OR SOUTHERLY 112 OF SAID BLOCK 20. AND ALSO
ALL DITCHES AND WATER CARRIERS CONSTRUCTED ON NOR11l OR NORTHERLY 1/2 OF BLOCK
20,
EXCEPT THAT PORTION OF SAID REAL ESTATE LYING EAST AND NORTH OF COUNTY ROAD ON
SAID PREMISES AS SAID ROAD WAS CONSTRUCTED AND EXISTING ON AUGUST 6. 1929. AND
EXCEPT TRACT OF LAND HERETO PORE CONVEYED TO ROBERT B. ALLEN BY DEED HECOH DED IN
BOOK 260 AT PAGE 294 AS PER AMENDED DESCRIPTON CONTAINED IN DEED TO HERMAN C.
I1AFFNOR RECORDED IN BOOK 273 AT PAGE 417.IEFFERSON COUNTY RECORDS;
EXCEPT THAT PORTION DESCRIBED IN BOOK 830 AT PAGE 259 AND THAT PORTION DESCRIBE))
IN BOOK 18JO AT PAGE 252,
AND FURTHER EXCEPTING THAT PART OF THE SOUTHWEST QUARTER (SW l/4) OF TIlE
SOUTHWEST QUARTER (SW 1J4) OF SECTION 13. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TIlE SOUTHERLY PROPERTY LINE. SAID POINT ALSO BEING ON
THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 FROM WHICH POINT THE SOUTHWEST
CORNER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEARS SOUTH 72 DEGREES
36 MINUTES 51 SECONDS WEST. A DISTANCE OF 798.84 FEET:
lIIJQ!J:BJ:T A
PARCEL 1.1
'rIIA'l' Pl\1\'1' O~ BLOCK 20, HRDLEY IIEIGII'1'S (2) SBCOND l'ILI>ICI, JB~~nsO>l CQllNTY,
COLORADO, DESCRI:BED AS l'OLLOWl:l:
~ING AT A l'Omr ON "1'HB WEST LnrB OF THE SOln'BWBft QUAR'tlm (SW 1/4.) OJ'
amCTION 13, TQWN9HI:P 3 S01J"1'll.. :RANQB " WJlST or TBZ 6'11l pR.DfCIPAL. HBlUDIAN.
lllCJ:NG ALSO THE QST LXNE OJ' DLOCX 20.. BJUUtELBY RB:tGH"1'S SECOND fiLING, WHICH IS
594.3 J'BB"l' NORTH :rRON TKZ SOU'1'HWBST commR OF SAID SBCTION 1.31
THENCE. R'ONNING NOR'l'H '4 ))EGREBS 41 HINO'l'ES EAST. 1375 nETJ
'I'BKNO SOtr1'H AND pARALL'SL WJ:TB THE SECTION LDm TO soU'l'lI DOUNJ)ARY 01' SAID BLOCK
20,
THENCK SQUTRWKSTEHLY ALONG SOOTH LlNE 07 SAID BLOCK '20 TO A TRAC1' OF LAND
BSRB'tOll'ORE CONVEYED TO DBNV'BR AND NORTHWESTERN RAJ:LWAY COMPANY BY DEED RECORDED
l'N :BOOK 121 AT pAGE 48. J1!lJll'l'lmSON COUNTY UCORDS,
'l'KUICm NORTlMESTERLY ALONa SAID :RAl:t.WAY 1'RACT OP LAND "1'0 WEST LINE 01" SAID BLOCK
20,
TBBNClt NORTH ALONG SA'lD WZST L%Nlt 011 DLOCX 20 '1'0 pLACE OJ' BEG'ImaNG
EXCEPT 'rHAT PORTION' 011' SAID REAL ESTATB LYING BAST ANP NOR'l'R Oll' COUNTY ROAD ON
SAn! Jil'1U!:MXSES AS SAXD 'ItOAn WAS CONSTRUCTED Am) EXISTING ON AUGUST 6, 1929, AND
nc:KP'1' '1'RAC'1' O~ LAND IIBRB'1'Oll'ORB CONVBYBD '1'0 ROBBR'1' B, ALLEN BY "UD ""CORDED IN
BOOX 260 AT PAGE 294 AS PO AMENDED DESCRIPTION COHTAJ:NJ:D IN DBED TO HERMAN
HAI'J'NER RBCQRDmD :m BOOK 273 AT ;PAGE: 417. Jl!:I'J'BRSON COUNTY RECORDS J
EXCBPT THAT PORTION DBSCRIBED IN BOOK 8]Q AT PAGE 259 AND THAT PORTION DESCRIBED
IN BOOK 1810 AT PAGE 252.
PARCBL 2 I
THAT PART 01' THE SOUTHWEST QtfARTBR (SW 1/4) 07 '1':K1!l SOtr.rBWBST QUARTZR (SN 1/4) OF
SlIlC'.1'ION 13. TOWNSHIP 3 SOtrrH. RANGE 69 WEST 01" '1'J!E 6TH PRINC:tl'AL NKRIJUAN,
nnnsON couNTY, COLORADO. c:l!lSCRJ:lIBI> AS l"OLLOWS I
BBGINNING AT A POnrl' ON ~ SotJ'tllBRLY PROPERTY LINE, SAXD PO;IH'1' ALSO BJ!l:rNG ON
'rHB Hoa'l'HBRtoY RXaHT OJ' WAY LXNZ OJ' mTERSTATZ 70 nOM WICK PO:rN"1' THZ s01J'l'HWJCST
CORNBR O~ SEC'tION 13, '1'OWNSJlIP 3 S01J'1'll, RAN01l 69 liB...., BEARS SotI'1'II 72 DBGRBES
36 mmrr.BS S1 SECONDS WZST. A DXSTANCB Oll' 798.84 PBB"1',
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Jl'mB'r,
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]l'3ft,
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4425 N. 24TH ST, STE 200
PHOENIX, AZ 85016
602-230-8634/800-525-8509
FAX 602-230-9071
CUSTOMER:
LOCA TION: IN /..1-<7....,- 1:<1. I b~ I Co
ENG, REQUEST NO, G- 71 r I
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WIND LOAD 30 PSF
SOIL: .{oO PSF/FT
STRUCTURE DESING:
CENTER MOUNT
- PARTIAL FLAG (CO!.Joc,
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FOOTING DESIGN:...
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CALC'S #:
. DATE: IV 14-/0("
BY: <::c:
sm.#: 10.. 14-
RENAISSANCE MEDIA GROUP
4425 N. 24m ST. S1E 200
PHOENIX. AZ 85016
602-230 - 86341800-525-8509
FAX 602-230-;9071
. TI1LE:
CRITERIA SPECIFICATION
CODE; lee- '2.1010$
STEEl: ASTM A-36 FY = 36 Ktil
PIPE S'ECTIONS: ASTM A-53B, A 252 GR, OR API-50<
WELD)NG ROD ASTM E-70 SERIES LOW HYDROGEN
BOLTS A.307 OR 325 TYPE oN"
CONC;RETE MIN. COMPRESSIVE STRENGTH OF F'C = 3000 PSI (150 PCF) AT 28 DAYS
- (DESIGN BASED ON 2500 PSI, SPECIAL STRUCTURAL INSPECTION NOT REQUIRED)
REBAR ASTM A 615 GRADE 40 OR GRADE 60
WOOD DOUGLAS FIR LARCH -#2 WITH Fb (REP.) = 1310 PSI
FOUNDATIONS SPREAD FTG. ALLOWABLE BEARING PRESSURE tV / /->
. SEE SOIL REPORT OF UBC TABLE NO.Ilb04-, 'Z.. '
ROUND OR SQUARE CAISSON FTG.
ALLOWING LATERAL BEARING PRESSURE
SEE SOIL REPORT OR UBC TABLE NO.Il!>04-,Z.
PSI
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LIVE =
DEAD =
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FRONT CATWALK - 20 PSF OR (4) 200# MEN. AT ANY POINT
REAR CATWALK - 20 P.SF OR (2) 200# MEN. AT ANY POINT
SIGN FACEWT. 5/16 DURAPLY - .9375 PSF
2X4 (6 TOTAL HORIZ.) - .5691 PSF
2X6 (1 TOTAL VERT.) .575 PSF
7 LAYERS-PAPER AND GLUE .416 PSF
2.49 PSF - 2.5 PSF
~
WIND LOAD FOR U~B.C. .. _
EXPOSURE C (OPEN COUNTRY)
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4425 N, 24TIl ST, STE 200
PHOENIX, AZ 85016
602-23008634/800-525-8509
FAX 602-230,9071
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602-23008634/800-525-8509
FAX 602,230,9071
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4425 N. 24TH ST. STH 200
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602-23008634/800-525-8509
FAX 602-230,9071
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4425 N, 24TII ST, STE 200
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602,23008634/800-525-8509
FAX 602,230-9071
TITLE:
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4425 N. 24TII ST. STE 200
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4425 N. 24TII ST. STE 200
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4425 N. 24TH ST. STE 200
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FAX 602,230-9071
TITLE:
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602,23008634/800,525-8509
FAX 602-230-9071
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PHOENIX, P\Z. 85016
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ROUND FOOTING DESIGN
DATE:4-/,,?/q (,
BY: SL
SHT.#:12.0F 14
FOOTING DESIGN PER IBe FORMULA SECTION 180" .1. 2-./
DEPTH OF FOOTING:
d = A ( 1 + ( 1 + 4.36 * h / A ) ^0.5) ) / 2 = 18,97 ft
WHERE:
Mb= 1070 ft -ki ps BENDING MOMENT AT GROUND LEVEL
P= 24.8 kips HORIZONTAL FORCE
b= 5 ft DIAMETER OF FOOTING
d= 12 ft ESTIMATED DEPTH OF FOOTING
Pall = 0.4 ksf 1ft ALLOWABLE LATERAL SOIL BEARING
AS SET FORTH IN TABLE 1804.2 FROM I.B.C.
FOR SOIL TYPE: SANDY GRAVEL
h=Mb/P= 43.15
s 1 = d . Pall * 1.33 / 3 = 2.13
A = 2.34 * P / s1 / b = 5.45
USE ROUND FOOTING
5
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RENAlSSANCE MEDlA JROUP
4425 N. 24TH ST. STE 200
PHOENIX, AZ 850 16 ~
602,23008634/800-525-8509
FAX 602,230-9071
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CALC9S #:
DATE: tf (/4-(0 ~
BY: SL
sm.1I: 14- <It: 14--
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RENAiSSANCE MEDIA GROUP
4425 N, 24TH ST. STE 200
PHOENIX, AZ 35016
602,23008634/800-525-8509
FAX 602-230-9071
TITI.E: P I Pc
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36 a.281 35 279.4 5a29 19.2 593.5 14.a 867.1 46.2 la7.3
36 a.312 35 309.4 5569 19.7 676,,9 14 .a 96a.2 6\l.il 119.1
3,6 a.344 35 340.2 61-24 20.3 766.5 14.a la55.9 76.6 131.1
36 il.375, 35 369.9 6659 2lL9 85q.8 14.0 '1148.il 95.1 . 142.8
36 0.4a6 35 399.5 719l. 25.2 lU5.8,. 14.a 1239.7 UNLTD 154.5
36 a.438 35 429.8 7737 25.2 1209.5 14.a 1333,9 UNLTD 166.5
36 a.469 35 459.0 8263 25.2 U,8j;'1 . 14. a 1424.6 UNLTD 178.2
36 0.51Hl 35 488.1 . 878fi 25.2 13 63 . 3 14.a '1514.8 ONLTD 189.8
36 il.562 35 545.8 9825 25.2 1524.4 14.il 1693.8 ONLTD 212.9
36 il.625 35 6il3.~ HI868 25.2 1686,.4. 14.il 1873.8 UNLTD 236.4
36 il.65,6 35 632.1 U378 25.2 176~;5 14 .il 1961.6 ONLTD 247.9
36 il.688 35 661.2 U9H 25.2 1846.6 H.il 2il5L8 ONLTD 259.8
36 i1.75il 35 717.0 12906 25.2 ,2 il02..6 14.0 2225.1 ONLTD 282.7
36 0.875 35 827.8 1490il 25.2 2312.0 14.il 2568.9 UNLTD 328.'6
0 l.il00 35 936.2 16851 25.2. 2614.7 H.a 29il5.2. UNLTD 374 .2
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POINT OF BEGJNNlNG
IMPROVEMENT SURVEY PLAT
SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF JEFFERSON, STATE OF COLORADO
oR\"Gtlll\\,.O\\lG
"..\G"a Ql,
"~
PARCEL DESCRIPTION
THAT PART OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAl MERIDIAN,
DESCRIBED 1'$ FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE N 00'05'24" W,
ALONG THE WEST LINE SAlD SOUTHWEST ONE-QUARTER, A DISTANCE OF 594.3 FEET
TO A POINT; THENCE N 74.47'00" E, ALONG THE NORTH LINE OF TRACT DESCRIBED IN
BOOK 594 AT PAGE 203, A DISTANCE OF 295.30 FEET TO "THE POINT OF BEGINNING;
THENCE N 74'47'00" E, ALONG THE NORTH LINE OF TRACT DESCRIBED IN BOOK 594 AT
PAGE 203, A DISTANCE OF 509.03 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE OF MARSHALL STREET (COLORADO HIGHWAY NO. 72) SAlO POINT BEING ON THE
ARC OF A CURVE CONCAVE TO NORTHEAST; THENCE SOUTHEASTERLY ALONG THE
WESTERLY RIGHT OF WAY UNE OF MARSHALL STREET AND ALONG THE ARC OF A CURVE
TO THE LEFT, HAVING A CENTRAL ANGLE OF 22'32'03", A RADIUS OF 1206.3 FEET,
AN ARC DISTANCE OF 474.43 FEET TO A POINT WHICH IS THE NORTHEAST CORNER OF
TRACT OESCRIBED UNDER RECEi"T10N NO. 82074789, AS CORRECTED BY INSTRUMENT
RECORDED UNDE.. RECEPTION NO. 90024405, THE CHORD OF SAID ARC BEARS
S 22'32'03" E, 471.38 FEET; T1-IE,'iCE S 00'05'24" E, P~Rtl.LU:L WITfi THE WEST LINe:
OF SAID SOUTHWEST ONE-QUARTER A DisrANCC: 0<'" 281.95 Ft:i:." .0 1M;O .sCuTHEAST
CORNER OF SAID TRACT; THENCE N 510630 W ALONG THE SOUTHERLY LINE OF SAlD
TRACT AND ALONG THE NORTHEASTERLY LINE OF TRACT DESCRIBED UNDER RECEPTION
NUMBER 80069724, A DISTANCE OF 644.17 FEET; THENCE N 41"17'30" W ALONG SAID
NORTHEASTERLY UNE A DISTANCE OF 67.60 FEET; THENCE N 29'55'15" VI, ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF' 242.00 FEEf TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 5.615 ACRES, MORE OR LESS, COUNTY OF JEFFERSON, STATE
OF COLORADO
NOTE:
LEGAL DESCRIPTION DERIVED FROM THE RECORDED LAND SURVEY PLAT BY KURT 0,
LINN, JR.. PLS NO. 14112. RECORDED IN THE RECOROS OF JEFFERSON COUNTY,
COLORADO IN SURVEY BOOK 6, PAGE 3 UNDER RECEPTION NO. 90066278.
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THE USE OF THE VlORD "CERTIFY" OR "CERTIFICATION" BY A REGISTERED PROFESSIONAL
SURVEYOR IN THE PRACTICE OF LAND SURVEYING, CONSTITUTES AN EXPRESSION OF
PROFESSIONAL OPINION REGARDING THOSE FACTS OF FINDINGS WHICH ARE THE SUBJECT
OF THE. CERTIFICATION AND DOES NOT CONSTIl1.JTE A WARRANTY OR GUARANTEE, EITHER
EXPRESSED OR IMPLIED.
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P.LS. ND. 13212
COUNTY SURVEYORS CERTIFICATE
DEPOSITED THIS OAYOF 20_
AT _.1.1., IN BOOK OF THE COUNTY
SURVEYOR'S LAND SURVEY/RIGHT OF WAY SURVEYS AT
PAGE_, RECEPTION NUMBER
COUNTY SURVEYOR
BY DEPUTY COUNTY SURVEYOR
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CERTIFICATION
I HERESY CERTIFY THAT THIS IMPROVEMENT SURVEY PLAT WAS PREPARED FOR UNITED
ADVERTISING CORPORATION, ON APRIL 5, 2006, THAT THE BOUNDARY LINES ARE AS
SHOWN HEREON, THAT THERE ARE NO ENCROACHMENTS ON SAID PROPERTY, THAT THERE
IS NO VISIBLE EVIDENCE OF ANY EASEMENTS, RIGHTS OF WAY, PUBLTC OR PRIVATE
PASSAGEWAY ACROSS SAID PREMISES, OR OF ANY ORIVEWAY WHOLLY OR PARTLY ON
SAID PREMISES AND THAT THERE ARE NO STRUCTURES LOCATEO ON SAID i"ROPERTY,
EXCEPT AS INDICATEO ON THIS PLAT.
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED
Ui"ON Am DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER
SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFlCATION
SHOWN HEREON.
( C.R.S. 13-80-105 )
NOTICE: THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BELL SURVEYING
COMPANY TO DETERMINE THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF
ADJACENT TRACTS. OWNERSHIP OR EASEMENTS OF RECORD.
~~~~~~~~~~~~~~~~~~~-----
SUBJECT PIlOPERT( - ZONED "l"
(LIGIiTINOUSTR""L)
NORTHEJoST CORN~R
REC. NO. 820?4789
REC. NO. 9002#05
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CERTIFICATION DEFINED
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COPIES OF THIS DOCUMENT MAY BE MADE AND OISTRIBUTED TO OTHER PARTIES FOR
REFERENCE PURPOSES ANO REViEW, HOWEVER, ONLY PRINTS OF THIS SURVEY BEARING
ORIGINAL SIGNATURE AND WET SEAL BY THE SURVEYOR NAMED HEREON SHALL BE
CONSIDERED VALID CERTIFIED DOCUMENTS.
...
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WILLIAM G. BARNES
P.L-S. NO. 36054
DATE:
FOR AND ON BEHALF OF:
BELL SURVEYING COMPANY
500 KALAMATH STREET
DENVER, COLORADO 80204
NOTES:
1. BEARING BASE: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER or
SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN AS BEARING N 00'05'24. W (AS DESCRIBED IN LEGAL DESCRIPTION)
2. VISIBLE SURFACE UTILITY APPURTENANCES HAVE BEEN LOCATED USING THE
STANDARD OF CARE PREVAILING AMONG PROFESSIONAL LAND SURVEYORS
PRACTICING IN THE METROPOLITAN AREA. NO OTHER REPRESENTATIONS OF
UTILITY LOCATIONS ARE MADE O.~ IMPLIED. BEFORE COMMENCING AN'r
EXCAVATION THE UTILITIES SHOULD BE FIELD LOCATED BY CALLING UTILITY
LOCATES AT 1-800-922-1987.
<~~-=~'"
w. 58TH AVE.
FENCE TIES LEGEND
CD FENCE CORNER 0 FOUND REBAR &. CAP
5.1' NORTrlEAST L.S. NO. 14112
(ms) * UGHT POLE
0 FENCE CORNER @
D.O' NORTHEAST MANHOLE
(NTS) ~,- OVERHEAO ELECTRIC
Q) FENCE CORNER (!J TELEPHONE MANHOLE
1.0' SOUTHWEST
(NTS) ......, UTIUTY POLE
@ FENCE CORNER '"' WATER METER
0.1' N.W. X ~.2' E. ~
(NTS) N WATER VALVE
@ FENCE CORNER ~FIRE HYDRANT
0.5' SOUTHWEST
(NTs)
(NTS) .. NOT TO.SCALE
VICINITY MAP - NOT TO SCALE
W.52NOAV'O-
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IMPROVEMENT SURVEY PLAT
R~SION: DAAWN
we
GRAPHIC SCALE
OROEREO BY; UNITED ADVERTISING
498 WEST ILIFF AVENUE
DENVER, COLORADO 80223
~ BELL SURVEYINC COMPANY
500 KALAMATH STREET
. DENVER, COLORADO 80204
303-629-0165 FAX 623-770'3
~
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(IKFEET)
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SCALE: 1"=50'
OATE: 4/05/2006
OAAWING r<<l'0604- 1 0 1
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SFAN-!..
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S SPACES AT 8'-0".. 40'-0"
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30 CABLE - IN MEASURED FOSITION
(A FORCE OF l(Z)lbs, SI-4ALL BE
AFFLIED TO TI-4E CABLE WI-4EN
MEASURING TI-4E DEFLECTION, TO
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NOTES AND SPECIFICATIONS
(APPLY UNLESS OTHERWISE NOTED ON PERMIT DRAWING)
CODE - 2003 INTERNATIONAL BUILDING CODE.
DESIGN WIND LOAD - 30 PSF
DESIGN UVE LOAD - (3-'0" FRONT AND 2'-0. REAR MAINTENANCE PLATFORM) 20
PSF OR 800 LBS CONC.LOAD AT FRONT AND 400 LBS AT REAR MAl NT. PLATFORM.
DESIGN DEADLOAD - (SIGN FACES) -- 2.5 PSF
STEEL - ROLLED SECTIONS - ASTM A-36
PIPE SECTIONS - ASTM A-53 B OR A 252 GR 2, OR API - 5LX
ALL STRUCTURAL STEEL SHALL BE FABRICATED AND ERECTED ACCORDING TO
LATEST AISC SPECIFICATIONS AND STANDARD PRACTICE
CONCRETE - MIN. COMPRESSIVE STRENGTH OF f'c = 3000 PSI 0 28 DAYS (150
PCr) 4" SLUMP (MAX.) FOOTING DESIGN BASED ON f'c = 2500 PSI.
WELDING RODS - ASTM A-233 E-70 SERIES LOW HYDROGEN.
WELDING PROCEDURE AND MATERIALS SHALL COMPLY WITH AMERICAN
WELDING SOCIETY STANDARDS.
BOLTS - ALL REGULAR BOLTS SHALL CONFORM TO ASTM A-307. HIGH STRENGTH
BOLTS SHAlL CONFORM TO ASTM A-325. IN BEARING TYPE CONNECTIONS WHEN
TREADS ARE NOT REQUIRED BY DESIGN TO BE EXCLUDED FROM THE SHEAR
PLAN OR WORKING IN TENSION, INSPECTION PRIOR TO OR DURING
INSTALLATION WILL NOT BE REQUIRED. TIGHTEN BOLTS PER AISC TURN OF THE
NUT METHOD (1/3 OF A TURN PAST A SNUG TIGHT CONDITION).
ROUND CAISSON FOOTING -- EMBEDMENT DEPTH FOR FOOTING DO NOT APPLY
TO LOCATIONS WHERE WALLS OF THE HOLE WILL NOT STAND WITHOUT
SUPPLEMENTAL SUPPORT, OR WHERE UNCOMPACTED FILL OR ORGANIC FILL
EXISTS. DESIGN LATERAL SOIL PRESSURE PER I.B.C TABLE 1804.2 IS 400 PSF 1FT
(SOIL lYPE SANDY GRAVEL) (ALLOWABLE LATERAl SOIL PRESSURE HAS A
FACTOR OF 2).
EXTEND COLUMN PIPE TO BOTTOM OF FOOTING (38 CONCRETE COVER REQ'D).
THE ERECTOR SHAlL VERIFY ALL DIMENSIONS AND CONDmONS IN THE FIELD
BEFORE ERECTION AND NOTIFY ENGINEER OF ANY DISCREPANCIES. ERECTORS
SHALL NOTIFY ENGINEER IF STRUCTURE IS LOCATED NEAR BUILDINGS.
THE ABOVE NOTES AND SPECIFICATIONS SHAlL MEET OR EXCEED All STATE
AND LOCAl CODE REQUIREMENTS BEFORE ERECTION.
THE UNDERSIGNED ENGINEER WILL NOT SUPERVISE THE FABRICATION OR
ERECTION OF THIS STRUCTURE.
BACK SET COLUMN
1" AT TOF
REF 1/8" AT 4'-e>"
=
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~"<p CROSBY CLIF, G-4S(z)
OR EQUAL ( 3 REQUIEM FER
CONNECTION)
~"<p 1 x IGt FREFORMED~.
GAL V. STEEL AIRCRAFT
STRAND
~"<p GAL_v. WIRE ROFE
TI-IIMBLE
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- ..--------..- ."."
BOTI-4
FLANGES
SAFETY CABLE MOUNTlNG
S I - (2)" 4>
ELEvATlON
G-7711
2 -1/2"
48' -0" FACE
I-4ANDRAIL
UFRIGI-4T
r FRONT LEDGER
COLUMN
THIS PRINT IS THE PROPERTY OF
RMG OUTDOOR, INC.
PROFESSIONAL SEAL VALID ONLY
WHEN FABRICATED BY THE ABOVE.
IT IS PROVIDED FOR PERMIT
PURPOSES ONLY.
ANY OTHER USE OR REPRODUCTION
IS PROHIBITED WITHOUT WRITTEN
AUTHORIZATION FROM
RMG OUTDOOR, INC.
STRINGER
REAR
LADDER
CUSTOMER
FRONT
MAINTENANCE
FLA TFORM
REAR
MAINTENANCE
FLATFORM
TORSION
30 PSF WIND
400 PSF 1FT SOILS
14 x 48 FULL FLAG
BACK- TO_SACK
CROSSOVER
SIGN LOCATION
WHEAT RIDGE, CO.
PAINT
DR. CHo
GWR SL
DATE:
4/3/06
SHEET NO.
1 OF 2
-
outdoor Inc.
SEC JOB NO.
2679_05 (A)
RMG JOB NO.
PLAN vlE~
4425 North 24th Street, SUite 200
Phoen~,Arizona 85016
Phn: (602) 230_8634 Fax: (602) 230_9071
II 2' -1 112" 1 II
f-IANG RAIL L .3 x .3 x 1,4
~I (2) 1/2 4' A3fZ>1
PER UPRIGf-IT
~AR
MAINTENANCE I I
PLA TFORt1
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STRINGERS
L3x3x1,/4
5'-2" MAX.
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In" .3'-11n"
1'-811 11'" 11-6" 11-6" 11'" 1'-8"
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L 2 x 2 x 1/4/:
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fE 11/4x48" DIA
L2x2xl,4
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eET~EEN eOL TS
L.3x.3x1,4
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CROSSOVER
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HEAD STRUCTURE
TO BE G ,LVANIZED
THIS PRINT IS THE PROPERTY OF
RMG OUTDOOR, INC.
PROFESSIONAL SEAL VALID ONL Y
WHEN FABRICATED BY THE ABOVE.
IT IS PROVIDED FOR PERMIT
PURPOSES ONL Yo
ANY OTHER USE OR REPRODUCTION
IS PROHIBITED WITHOUT WRITTEN
AUTHORIZATION FROM
RMG OUTDOOR, INC.
CUSTOMER
SIGN LOCATION
WHEAT RIDGE, CO.
30 PSF WIND
400 PSF 1FT SOilS
14 x 48 FULL FLAG
BACK- TO-BACK
PAINT
DR. CH.
GWR SL
DATE:
4/3/06
SHEET NO.
2 OF 2
SEC JOB NO.
2679_05 CA)
RMG JOB NO.
4425 NOrth 24th street, SUite 200
PhoeniX, Arizona 85016
Phn: (602) 230_8634 Fax: (602) 230_9071
POINT OF BEGINNING
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IMPROVEMENT SURVEY PLAT
SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH.
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF JEFFERSON, STATE OF COLORADO
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-------------------------16.~DE-sfWER-EASE~ENT-----~ ---
- - - - - .- - - - - - - - - - - -- - - - -- - - -- --- -- - - -L\~ - 2--
BOOK 760, PAGE 119
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PARCEL DESCRIPTION
THAT PART OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE N 00.05'24" W,
ALONG THE WEST LINE SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF 594.3 FEET
TO A POINT; THENCE N 74.47'00" E, ALONG THE NORTH LINE OF TRACT DESCRIBED IN
BOOK 694 AT PAGE 203, A DISTANCE OF 295.30 FEET TO THE POINT OF BEGINNING;
THENCE N 74.47'00" E, ALONG THE NORTH LINE OF TRACT DESCRIBED IN BOOK 694 AT
PAGE 203, A DISTANCE OF 609.03 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE OF MARSHALL STREET (COLORADO HIGHWAY NO. 72) SAID POINT BEING ON THE
ARC OF A CURVE CONCAVE TO NORTHEAST; THENCE SOUTHEASTERLY ALONG THE
WESTERLY RIGHT OF WAY LINE OF MARSHALL STREET AND ALONG THE ARC OF A CURVE
TO THE LEFT, HAVING A CENTRAL ANGLE OF 22-32'03", A RADIUS OF 1206.3 FEET,
AN ARC DISTANCE OF 474.43 FEET TO A POINT WHICH IS THE NORTHEAST CORNER OF
TRACT DESCRIBED UNDER RECEPTION NO. 82074789, AS CORRECTED BY INSTRUMENT
RECORDED UNDER RECEPTION NO. 90024405, THE CHORD OF SAID ARC BEARS
S 22-32'03" E, 471.38 FEET; THENCE S 00-05'24" E, PARALLEL WITH THE WEST LINE
OF :3AID SOUTHWEST ONE-QUARTER A DISTANCE OF 281.95 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT; THENCE N 610630 W ALONG THE SOUTHERLY LINE OF SAID
TRACT AND ALONG THE NORTHEASTERLY LINE OF TRACT DESCRIBED UNDER RECEPTION
NUMBER 80069724, A DISTANCE OF 644.17 FEET; THENCE N 41-17' 30" W ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF 67.60 FEET; THENCE N 29-55'15" W, ALONG SAID
NORTHEASTERLY LINE A DISTANCE OF 242.00 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 6.615 ACRES, MORE OR LESS, COUNTY OF JEFFERSON, STATE
OF COLORADO.
NOTE:
LEGAL DESCRIPTION DERIVED FROM THE RECORDED LAND SURVEY PLAT BY KURT O.
LIt~f~, JR., PLS NO. 14112, RECORDED IN THE RECORDS OF JEFFERSON COUNTY,
COLORADO IN SURVEY BOOK 6, PAGE 3 UNDER RECEPTION NO. 90066278.
~ WEST QUARTER CORNER OF SECTION 13,
V- T 3 S, R 69 W OF THE 6TH P.M.
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PER CLIENT REQUEST
ASPHALT PAVING
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1. BEARING BASE: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF
SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN AS BEARING N 00.05'24" W (AS DESCRIBED IN LEGAL DESCRIPTION)
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CERTIFICATION
I HEr~EBY CERTIFY THAT THIS IMPROVEMENT SURVEY PLAT WAS PREPARED FOR UNITED
ADVERTISING CORPORATION, ON APRIL 5, 2006, THAT THE BOUNDARY LINES ARE AS
SHOWN HEREON, THAT THERE ARE NO ENCROACHMENTS ON SAID PROPERTY, THAT THERE
IS NO VISIBLE EVIDENCE OF ANY EASEMENTS, RIGHTS OF WAY, PUBLIC OR PRIVATE
PASSAGEWAY ACROSS SAID PREMISES, OR OF ANY DRIVEWAY WHOLLY OR PARTLY ON
SAID PREMISES AND THAT THERE ARE NO STRUCTURES LOCATED ON SAID PROPERTY,
EXCEF>T AS INDICATED ON THIS PLAT.
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
SUC~1 DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION
SHOVVN HEREON.
( C.R.S. 13-80-10M5 )
NOTIC;E: THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BELL SURVEYING
COMPANY TO DETERMINE THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF
ADJACENT TRACTS, OWNERSHIP OR EASEMENTS OF RECORD.
CERTIFICATION DEFINED
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N 41-17'30" W
67. 60'
ASPHALT PAVING
SUBJECT PROPERlY - ZONED "r'
(LIGHT INDUSTRIAL)
NORTHEAST CORNER
REC. NO. 82074789
REC. NO. 90024405
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THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" BY A REGISTERED PROFESSIONAL
SURVEYOR IN Tr1E PRACTICE OF LAND SURVEYING, CONSTITUTES AN EXPRESSION OF
PROFESSIONAL OPINION REGARDING THOSE FACTS OF FINDINGS WHICH ARE THE SUBJECT
OF THE CERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER
EXPRESSED OR IMPLIED.
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COPIES OF THIS DOCUMENT MAY BE MADE AND DISTRIBUTED TO OTHER PARTIES FOR
REFERENCE PURPOSES AND REVIEW, HOWEVER, ONLY PRINTS OF THIS SURVEY BEARING
ORIGII'JAL SIGNATURE AND WET SEAL BY THE SURVEYOR NAMED HEREON SHALL BE
CONSIDERED VA ED DOCUMENTS.
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WILLIAM G
P.L.S. NO.
DATE~
FOR ;\ND ON
BELL SURVEYING
500 KALAMATH STREET
DENVER, COLORADO 80204
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SOUTHWEST CORNER OF SECTION 13,
~ T 3 S. R 69 W OF THE 6TH P.M.
V- FOUND 3-1/4" CAP IN RANGE BOX
P.L.S. NO. 13212
2. VISIBLE SURFACE UTILITY APPURTENANCES HAVE BEEN LOCATED USING THE
STANDARD OF CARE PREVAILING AMONG PROFESSIONAL LAND SURVEYORS
PRACTICING IN THE METROPOLITAN AREA. NO OTHER REPRESENTATIONS OF
UTILITY LOCATIONS ARE MADE OR IMPLIED. BEFORE COMMENCING ANY
EXCAVATION THE UTILITIES SHOULD BE FIELD LOCATED BY CALLING UTILITY
LOCATES AT 1-800-922-1987.
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FENCE TIES LEGEND
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@ FENCE CORNER @
O~O' NORTHEAST MANHOLE
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0 FENCE CORNER CD TELEPHONE MANHOLE
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W. 44TH AVE.
COUNTY SURVEYORS CERTIFICATE
DEPOSITED THIS_DAY OF 20_
AT _ .M., IN BOOK OF THE COUNTY
SURVEYOR'S LAND SURVEY fRIGHT OF WAY SURVEYS AT
PAGE , RECEPTION NUMBER
IMPROVEMENT SURVEY PLAT
C~RAPHIC SCALE
VICINITY MAP - NOT TO SCALE
ORDERED BY: UNITED ADVERTISING
498 WEST ILIFF AVENUE
DENVER, COLORADO 80223
REVISION: DRAWN
WB
COUNTY SURVEYOR
BY DEPUTY COUNTY SURVEYOR
( IN FEET )
1 inCh = 50 ft.
BELL SURVEYING COMPANY
500 KALAMATH STREET
DENVER, COLORADO 80204
303_629_0165 FAX 623_7709
SCALE:" ,
1 =50
DATE:
4/05/2006
DRAWING NO'b604-1 01