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Home My WebLink About4470 Wadsworth BoulevardCity of �rnr.' �J�TheatMidge UNiTy DFwLOPMENT Memorandum TO: Mayor Bud Starker FROM: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner DATE: January 9, 2023 SUBJECT: Signature for Removal of Covenants and Restrictions at 7575 W. 44th Avenue Attached is a document requiring your signature that will terminate and release covenants and restrictions on the property owned by the City of Wheat Ridge at 7575 W. 44th Avenue, also known as the Bank of the West building. It also allows the release of covenants and restrictions on the adjacent two properties at 7527 W. 441h Avenue, 4470 Wadsworth Blvd, and 4490 Wadsworth Blvd under control of the Jefferson County Housing Authority (dba Foothills Regional Housing). A diagram showing the current ownership is shown on the next page. As property owners, both the City and Foothills Regional Housing have agreed to terminate the covenants and restrictions due to the reasons outlined in this memo. In 1972, the original property owner and developer recorded covenants and restrictions that provided for access easements as well as major restrictions on the type of development permitted on the property. These restrictions included artificial limitations on building height and uses allowed to be developed, despite a more permissive underlying zoning. The City and Foothills Regional Housing are the successors to the agreement as the current property owners. The existing language could theoretically prevent development of the future Ives affordable housing project and any future development on the site by Foothills Regional Housing or the City of Wheat Ridge. Due to the language being overly restrictive and not in alignment with the existing Mixed Use — Commercial (MU-C) zoning for the property, the City and Foothills Regional Housing are in agreement that the private covenants and restrictions should be terminated, and the underlying MU-C zoning is appropriate to regulate development on the site. To that end, Foothills Regional Housing has requested the agreement be terminated to clean up title. The document terminating the covenants and restrictions has been reviewed by the City Attorney, City Manager, and Planning Division staff as well as representation for Foothills Regional Housing. Your signature is required on behalf of the City. Red boundary = area affected by covenants and restrictions Green boundary = City -owned parcel Remainder of site is owned by Foothills Regional Housing Page 2 of 2 2023006162 1 /30/2023 7:39 AM PGS B $0.00 DF $0.00 Electronically Recorded Jefferson County, CO Amanda M Gonzalez, Clerk and Recorder TD1000 N THIS INSTRUMENT.WAS PREPARED BY AND SHOULD BE RETURNED AFTER RECORDING TO: Winthrop & Weinstine, P.A. (JCH) 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 TERMINATION AND RELEASE OF AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND TERMINATION AND RELEASE OF AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (this "Termination") is made and given this 11 f 1day of -J&aJ 2023 (the "Effective Date"), by and between the Jefferson County Housing Authority, a tolorado public body corporate and politic (the "Authority"), and the City of Wheat Ridge, a Colorado municipal corporation (the "City'). A. WHEREAS, Authority is the owner of that certain real property located in Wheat Ridge, Colorado, legally described on Exhibit A attached hereto (the "Authority's Property"). B. WHEREAS, City is the owner of that certain real property located in Wheat. Ridge, Colorado, legally described on Exhibit B attached hereto (the "City's Property" together with the Authority's Property the "Subject Property") C. WHEREAS, Safeway Stores, Incorporated, a Maryland corporation, and Wheat Ridge National Bank, a national banking association (collectively the "Prior Owners") entered into that certain Agreement Creating Grant of Easements with Covenants and Restrictions Affecting Land dated March 23, 1972 and recorded March 30, 1972 with the Clerk and Recorder of Jefferson County, Colorado in Book 2358 at Page 895, which was subsequently amended by the First Amendment to Agreement Creating Grant of Easements with Covenants and Restrictions Affecting Land dated March 26,1973 and recorded April 16,1973 with the Clerk and Recorder of Jefferson County, Colorado in Book 2494 at Page 829 (together the "Agreement"). The Agreement provides for certain ingress, egress and access easements as well restrictions on the type and nature of development permitted on the Subject Property. D. WHEREAS, the Authority and the City are the successors to the interests of the Prior Owners in the Subject Property and therefore the Agreement. E. WHEREAS, the Authority desires to develop, construct and operate a Fifty (50) unit multifamily affordable housing project on the Authority's Property known as the Ives Apartments (the "Project"). F. WHEREAS, the proposed design of the Project is not permitted under the Agreement. G. WHEREAS, to facilitate the development, construction and operation of the Project, the Authority and City desire to terminate the Agreement and to release the Authority and City, and the Subject Property from each and every obligation thereunder. H. WHEREAS, in order to replace any ingress, egress and access easements that may be terminated as a result of this Termination, the Authority and City agree that they, or their affiliates, contemporaneously or at a later date, will enter into that certain Amended and Restated Easement Agreement and Right of Way which completely amends and restates the Easement Agreement and Right of way dated as of October 13, 2003 and recorded October 15, 2003 in the Jefferson County, Colorado real property records at Reception No. F 1886408. NOW, THEREFORE, in consideration of the premises and the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 1. Recitals. All recitals set forth above are incorporated as if fully set forth herein. 2. Termination and Release of the Agreement. The Authority and City hereby agree to terminate the Agreement and release the Authority, City and the Subject Property from each and every obligation thereunder in all respects as of the Effective Date, and the Agreement shall hereafter be of no further force or effect. 3. Counterparts. This Termination may be executed in counterparts, which together shall be deemed one and the same instrument. [SIGNATURE PAGES TO FOLLOW] 2 IN WITNESS WHEREOF, the Authority and the City each execute this TERMINATION AND RELEASE OF AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND as of the day and year first written above. TERMINATION AND RELEASE OF AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND Authority: Jefferson Cou Housing Authority, a Colorado p 1 body corporate and politic By: 9 L A Name: L412 i aS�' Its: STATE OF COLORADO ) ) SS. COUNTY OF JEFFERSON ) 41 The foregoing instrument was acknowledged before me this 9 day of 2023, by koC► the C E p of the Jefferson County Housing uthority, a Colorado public body corporate and politic. MARY L BARNER —fy\4�� "� I NOTARY PUBLIC • STATE OF COLORADO Notary ID #20184007194 Notary Public My Commission Expires 2/17/2026 6 3 City: City of Wheat Ridge, a Colorado municipal corporation 1 �. STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this eday of anL.a.r , 2023, by 5,L4t IL-t r , the or of the City of Wheat Ridge, a Colorado municipal corporation. TAMARA D ODEAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164015481 W COMMISSION EXPIRES APRIL 22, 2024 Notary Public n EXHIBIT A (Authority's Property Legal Description) PARCEL I The South 320 feet of Blocks 5 and 6, COULEHAN GRANGE, EXCEPT the East 148.4 feet of the South 145 feet of said Block 5, EXCEPT the East 243 feet of the North 120 feet of the South 320 feet of said Block 5, EXCEPT the East 35 feet of said Block 5, EXCEPT the West 10 feet of the South 150 feet of said Block 6, EXCEPT the West 22 feet of the North 170 feet of the South 320 feet of said Block 6, and EXCEPT the South 10 feet of said Blocks 5 and 6, County of Jefferson, State of Colorado PARCEL II The South 285 feet of the North 310 feet of Blocks 5 and 6, Coulehan Grange, except the East 243 feet of said Block 5 and except the West 22 feet of the South 173 feet of the North 310 feet of said Block 6 and except the West 15 feet of the South 112 feet of the North 137 feet of said Block 6, County of Jefferson, State of Colorado. 5 19►VOI11.111a1.1 (City's Property Legal Description) PARCEL III The North 140 feet of the South 150 feet of the East 165 feet of the West 175 feet of Block 6, COULEHAN GRANGE, EXCEPT that part of said Block 6, described as follows: Beginning at the Southwest corner of said Block 6; thence North along the West line of Block 6 a distance of 30.00 feet; thence East and parallel to the South line of Block 6 a distance of 10.00 feet to the true point of beginning; thence along a curve to the left a distance of 31.45 feet, central angle of said curve is 90106' and the radius of 20.00 feet; thence West and parallel to the South line of Block 6 a distance of 20.00 feet; thence North and parallel to the West line of Block 6 a distance of 20.00 feet to the true point of beginning, County of Jefferson, State of Colorado. 0 i- r If you have any inquiries or require further assistance, please contact one of the numbers below; For ClosineAssistance: Amy Edgar 3033 E 1ST AVE #600 PO BOX 5440 DENVER, CO 80206 Phone: 303331 -6234 Fax: 303- 393 -3806 EMall: aedgar @hgc.com Closer's Assistant: Valerie Petrone Phone: 303 - 331.6213 Fax: 303- 331 -6325 EMail: vpetrone@Itgc.com For Title Assistance: Commercial Title "ABC" Unit Scott Bennetts 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 Phone: 303- 850 -4175 Fax: 303- 850 -4184 EMaB: sbennetts@Itgc.com CB RICHARD ELLIS 8390 EAST CRESCENT PKWY SUITE 300 GREENWOOD VILLAGE, CO 80111 Attn: MATTHEW WRITT Phone: 720- 528 -6372 Copies: 1 EMall: MATTHEW.WRITT@CBRE.COM Linked Commitment Delivery JEFFERSON COUNTY HOUSING AUTHORITY Atm: ALAN M. FEINSTEIN Phone: 303422 -8600 EMail: Jeffcohsg @aol.com LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 PO BOX 5440 DENVER, CO 80206 Attn: CHARLIE CARTWRIGHT Phone: 303 - 321 -1880 Fax: 303- 322 -7603 Copies: 1 EMail: ccwtwright @ltgc.com Linked Commitment Delivery SIGNATURE BROKERS 5031 S ULSTER ST #455 DENVER, CO 80237 Attn: JEFF FOGLER Phone: 303 - 577 -9700 Copies: 1 EMail: THEFOGLERIT" @5280LIVING.COM Licked Commitment Delivery LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 Attu: Amy Edgar Phone: 303 - 331 -6234 Fax: 303- 393 -3806 Copies: 1 EMail: aedgar @itgc.com CB RICHARD ELLIS 8390 EAST CRESCENT PKWY SUITE 300 GREENWOOD VILLAGE, CO 80111 Attu: MATTHEW WRITT Phone: 720 -528 -6372 Fax: 720- 528 -6333 Copies: 1 EMail: matthew.writt@cbre.com Sent Via EMail 12.09.10 Land Title Guarantee Company CUSTOMER DISTRIBUTION " GUARAN rAMPA WWW. LTG C.0 am Date: 01 -26 -2011 Our Order Number: ABC70291942 -4 Property Address: 4470 WADSWORTH BLVD. " dWe cu nxnnree mMpn W W W. LTG c.cox Date: 01 -26 -2011 Property Address: 4470 WADSWORTH BLVD. SIGNATURE BROKERS 5031 S ULSTER ST #455 DENVER, CO 80237 Ann: JEFF FOGLER Phone: 303 - 577 -9700 Copies: 1 Mail: thefoglerteam @5280living.com Sent Via EMaB Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: ABC70291942 -4 DL4IVmY.o (8/2003) L and Titl ,NApANTEE COMPANY wWW.440.CON Property Address: 4470 WADSWORTH BLVD. Land Title Guarantee Company Date: 01 -26 -2011 Our Order Number: ABC70291942 -4 Buyer/Borrower: JEFFERSON COUNTY HOUSING AUTHORITY Seller /Owner: S & O DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY Wire Information: Bank: FMSTBANX OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303 - 237 -5000 Credit. LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Amy Edgar Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 Deletion of Standard Exception(s) (Owner) Tax Certificate $1,472.00 $100.00 $25.00 If Land Title Guarantee Ccmpacp will be closing this transaction, above Pees will be collected at that time. TOTAL $1,597.00 Y.. cos T 06104 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Schedule A Property Address: 4470 WADSWORTH BLVD. 1. Effective Date: November 24, 2010 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 Proposed Insured: JEFFERSON COUNTY HOUSING AUTHORITY Our Order No. ABC70291942 -4 Cost. Ref.: $335,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: S & 0 DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOT 4, ACE HARDWARE LOT 2 SUBDIVISION, A MINOR SUBDIVISION OF LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, COUNTY OF JEFFERSON, STATE OF COLORADO. ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. ABC70291942 -4 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instnunent(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: RELEASE OF DEED OF TRUST DATED OCTOBER 27, 2004 FROM S & 0 DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF EXCHANGE NATIONAL BANK OF JEFFERSON CITY TO SECURE THE SUM OF $464,000.00 RECORDED OCTOBER 03, 2008, UNDER RECEPTION NO. 2008092673. 2. (ITEM INTENTIONALLY DELETED) 3. (ITEM INTENTIONALLY DELETED) 4. WARRANTY DEED FROM S & 0 DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY TO JEFFERSON COUNTY HOUSING AUTHORITY CONVEYING SUBJECT PROPERTY. NOTE: OPERATING AGREEMENT FOR S & 0 DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY DISCLOSES RICHARD J. OTKE, TRUSTEE OF THE RICHARD J. OTKE REVOCABLE LIVING TRUST U /A/D NOVEMBER 20, 1991, GARY L. OBERKROM, CO- TRUSTEE OF THE GARY L. OBERKROM REVOCABLE LIVING TRUST U /A/D OCTOBER 5, 2000, GRAND POINT HOLDINGS, LLC AND CREEKSIDE HOLDINGS, LLC AS MEMBERS, ANY OF WHOM MAY EXECUTE DOCUMENTS ON BEHALF OF SAID ENTITY. 5. EXECUTION BY S & 0 DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY OF THIS COMPANY'S SURVEY AFFIDAVIT. NOTE: ITEMS 1 -3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A NOTARIZED SURVEY AFFIDAVIT. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF S & 0 ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. ABC70291942 -4 Continued: DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JEFFERSON COUNTY HOUSING AUTHORITY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2009 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2010 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. ABC70291942 -4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would he disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE FIRE PROTECTION DISTRICT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 07, 1971, IN BOOK 2305 AT PAGE 895. 10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 31, 1972 IN BOOK 2358 AT PAGE 720. 11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED APRIL 28, 1972 IN BOOK 2369 AT PAGE 401. 12. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED MARCH 03, 1975, IN BOOK 2707 AT PAGE 426. ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. ABC70291942 -4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED MARCH 28, 1989, UNDER RECEPTION NO. 89026158. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION OF CITY OF WHEAT RIDGE RECORDED JULY 19, 2001 UNDER RECEPTION NO. F1279302. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN DEVELOPMENT COVENANT RECORDED JANUARY 24, 2003 UNDER RECEPTION NO. F1659614. 16. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT AND RIGHT OF WAY RECORDED OCTOBER 15, 2003 AT RECEPTION NO. F1886408. 17. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF RIGHT OF FIRST REFUSAL TO JEFFERSON COUNTY HOUSING AUTHORITY RECORDED OCTOBER 15, 2003 AT RECEPTION NO. F1886409. 18. AN EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH BY INSTRUMENT RECORDED JULY 21, 1975 IN BOOK 2750 AT PAGE 704. 19. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED JULY 01, 1985 UNDER RECEPTION NO. 85061066. 20. EASEMENTS, NOTES, TERMS, CONDITIONS AND PROVISIONS OF LAND SURVEY PLAT RECORDED OCTOBER 19, 1989 UNDER RECEPTION NO. 89090731. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DRAINAGE EASEMENT RECORDED NOVEMBER 14, 2005 UNDER RECEPTION NO. 2005113952. 22, EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ACE HARDWARE LOT LINE ADJUSTMENT PLAT RECORDED APRIL 4, 2003 UNDER RECEPTION NO. F1716657. ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. ABC70291942 -4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 23. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ACE HARDWARE LOT 2 SUBDIVISION, A MINOR SUBDIVISION OF LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT RECORDED AUGUST 22, 2003 UNDER RECEPTION NO. F1845198. 24. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT OF EASEMENTS, COVENANTS AND RESTRICTIONS RECORDED MARCH 30, 1972 IN BOOK 2358 AT PAGE 384 AND AMENDMENT THERETO RECORDED APRIL 16, 1973 IN BOOK 2494 AT PAGE 829. NOTE: ORDER FOR ENTRY OF PERMANENT INJUNCTION IN CONNECTION WITH SAID EASEMENT AGREEMENT RECORDED MAY 10, 2006 UNDER RECEPTION NO. 2006055799. 25. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/ACSM LAND TITLE SURVEY DATED SEPTEMBER 28, 2004 PREPARED BY ENGINEEERING SERVICE COMPANY, JOB # 04149 -C: A) FENCE LINES ARE NOT COINCIDENT WITH PROPERTY LINES. B) PARKING AREAS SITUATED ON SUBJECT PROPERTY IN USE BY ADJACENT PROPERTY OWNERS. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condomintum or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third parry holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Fom nISCIASURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non -public personal information ( "Personal Information "). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered In any court having jurisdiction thereof. /28 64 F2119587 10 pG; 001 -003 PG FEE; 16.00 STATE DOC.FEE: 46.20 RECORDED IN JEFFERSON COUNTY COLORADO WARRANTY DEED THIS DEED, dated this 27th day of October, 2004, between TODD C. YOUNGBLOOD AND CYNTHIA L. YOUNGBLOOD of the County of Jefferson and State of Colorado, grantor, and S &O DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPAN ,whose.legai address is 2421 West Edgewood Drive, Jefferson City, MO 65109, of the County of o I e and State of Missouri, grantees: WITNESS, that the grantor, for and in consideration of the sum of FOUR HUNDRED SIXTY TWO THOUSAND AND 00 /100 DOLLARS ($462,000.00), the receipt and sufficiency of which Is hereby acknowledged, has granted, bargained, said and' conveyed, and by these presents does grant, bargain, �� sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together, with improvements, if any; situate; lying and being in the County of Jefferson and State of Colorado, described as follows: LOT 4, ACE HARDWARE LOT 2 SUBDIVISION, A MINOR SUBDIVISION OF LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, COUNTY OF JEFFERSON, Ny STATE OF COLORADO. also known by street and number as: 4470 Wadsworth Blvd., Wheat Ridge, CO 80033 assessor's schedule or parcel number: 444705 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, the reversion and reversions, remainder and remainders, rents, Issues and profits 4L thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law k or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, O unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and Q assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good; sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,'taxes,,assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the current year and subsequent years and subject to those items shown on Exhibit W attached hereto and by this reference Incorporated herein. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceabie of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall Include.the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth Commitment to Insure ** ,k ALTA Commitment• 2006 Rev. * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation,(Comparry) far a valuable * * consideration, commits to issue its policy or policies of fate insummix as identified in Schedule A, in favor of the 41 Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and termhome six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such pogey or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resuiting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or U the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the company at its option may amend Schedule B of this Commitment accordingly, but such amendment shag not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shag be only to the named proposed Insured and such parties i under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in refmnce hereon in undertaking in good faith (a) to comply with the requirements hereof m @) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no even shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed far in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue are or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action w actions or rights of action that the proposed Insur ed may have or may bring against the Company arising our of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration tales atwww.ahzorg. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, a claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, mcmachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor a material theretofore or hereafter famished, imposed by law and not shover by the Public Race*. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fast appearing in the Public Records or atmdimil subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment IN WITNESS WHEREOF, Old Republic National Title insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a valndatbtg officer or other authorized signatory. arRad Sign tare CC.ORT.O6 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South n Minneapolis, Minnesota 55401 *E�'�mG ! ,�.II�A ( 1 (612) 371.1111 ; �`�`�t* • .. i � ^ .p � J Y � m � 7 * uND iliLE C, ASSOCIATION WARRANTY DEED (Continued) STATE OF Colorado V COUNTY OF Denver I, Elizabeth M. Greco, a Notary Public of the County and State first above written, do hereby certify that the foregoing instrument was acknowledged before me this 28th day of October, 2004, by Todd C. Youngblood and Cynthia L. Youngblood. Witness my j hand and off seat, ELIZABETH M. GRECO �JG`7�6�tG' /� NOTARY PUBLIC Elizabeth M Notary P bl c STATE OF COLORADO My Commission Expires: 02/23108 My Commission Expires 02,292008 Name and Address of person Creating Newry Created Legal Desavllon (§ 3835.106.5, C.R.S.) After Recording Return to: EXHIBIT "A" Restrictions Imposed by the Order of Consolidation, recorded October 7, 1971 in Book 2305 at Page 895 pertaining to the organization of the Wheat Ridge Fire Protection District and the Prospect Valley Fire Protection District. Covenants, conditions and restrictions, (but omitting therefrom any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, if any) which do not include a forfeiture or reverter clause, and any and all supplements, amendments, and annexations thereto, set forth in the Instrument(s) recorded March 30, 1972 in Book 2358 at Page 384 and March 31, 1972 in Book 2358 at Page 735 and the First Amendment recorded April 16, 1973 In Book 2494 at Page 829. Terms, conditions, provisions, agreements and obligations specified under the Agreement, which was recorded March 31',1972 in Book 2358 at Page 720.. Terms, conditions, provfslons agreements and obligations specified under the Easement, which was recorded April 28,1972 In Book 2369 at Page 401.. An easement for utilities and Incidental purposes granted to Public Service Company of Colorado by the Instrument recorded March 3, 1975 in Book 2707 at Page 426. An easement for utilities and incidental purposes granted to the Mountain States Telephone and Telegraph Company the instrument recorded July 21, 1975 in Book 2750 at Page 704. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was recorded July 1, 1985 at Reception No. 61066. Ari easement for utilities and (nciiiental purposes granted to Public Service Company of Colorado by the Instrument recorded March 28, 1989 at Re cepton No. 28158. Easements, notes, terms, agreements, provisions, covenants, conditions, restrictions and obligations as set forth on the Land Survey Plat recorded October 19, 1989 at Reception No. 90731. Restrictions imposed by the Resolution No. 11 -2001, recorded July 19, 2001 at Reception No. 1279302 pertaining to a resolution finding the existence of blight in the vicinity of the Wadsworth corridor from 35th Avenue to 44th Avenue. Terms, conditions, provisions, agreements and obligations specified under the Development Covenant, which was recorded January 24, 2003 at Reception No. 1659614. Easements, notes, terms, agreements, provisions, covenants, conditions, restrictions and obligations as set forth on the Ace Hardware Lot Une'Adjustment Plat recorded April 4, 2003 at Reception No. 1716657. Easements, notes, terms, agreements, provisions, covenants ;conditions, restrictions and obligations as set forth on the Piet of Ace Hardware Lot 2 Subdivision, a Minor Subdivision of Lot 2, Ace Hardware Lot Line Adjustment Plat, recorded August 22, 2003 at Reception No. 1845198. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement and Right of Way, which was recorded, October 15, 2003 at Reception No. 1886408. Terms, conditions, provisions, agreements and obligations specified under the Grant of Right of First Refusal, which was recorded October 15, 2003 at Reception No. 1886409. City of Wheat Ridge ~oF WHEqT,p Community Development Department ~ m Memorandum Cp~~RA~O TO: Address File; Case File FROM: Travis Crane, Planner l~L SUBJECT: 4470 Wadsworth/Storage Containers DATE: 14 November 2005 The property owner at 4470 Wadsworth Boulevard has requested a temporary placement permit for two storage containers onsite. The property is currently the subject of a special use permit request (SUP-05-09). Typically, temporary containers are allowed for any property which has a valid building permit. After conferring with the Chief Building Official, because the property has a valid special use permit in process, the storage containers will be allowed for the term of the SUP review. A temporazy placement permit has been completed and submitted to the Community Development Department. The fifteen day limitation is not applicable as long as the special use pernut is still in process. Cc: Mark Perrino DICK OTKE iaoo CONSTRUCTION COMPANY 2421 W. EDGEWOOD DRIVE 573-893-2299 JEFFERSON CITV, MO 65108-5842 PAY TO THE TOT°` ORDEH osm~v. roFC..eck I~~a fi EXCHANGE BANK *xEexcwmcewnowuw¢axrreuo-anmoes+o1 11900 i939110 1:086500605I: ~ ~ ~ ` C2l'~ ; ~+b /l / y 1939 DATE ~I CA IOS W-6D/955 ~s- ~ $ 3535~ DOLLARS 8 ~ . 000r.]a 3 2 ti \C-C-c~ 4,~. Date: Property Owner: Temporarv Placement Permit for Construction Dumpsters and Storage Contai ers Community Development Department City of Wheat Ridge 7500 W. 29'" Avenue N~ ~ 1 n z~a~ Wheat Ridge, CO 80033 (303) 235-2855 ' d S Phone: (~03 ~a 9'g-,Z G ~3 L ~3'a eKawv G' S`Y~x1 ~iV D / eff O~/i/~~./✓! l~2~ f'~n~cim~ Ilr 61/~ i~.~ Address of Dumpster/Container: Size of Droposed dumoster/container: Dumpster/Container Company: DumpstedContainer Company Address: 5300 6cldaz4 -ST. C4 co, rs-odcZ Dumpster/Container Company Phone Number. (103) $5-3 - y.3 ~'G 7Wtvis Will dumpster/container be located on private property? Yes 9 No ❑ Will dumpster/container be located on street? Yes ❑ No ~ (lf yes, a separate righf-of-way permit is required.) ' THIS PERMIT EXPIRES FIFTEEN (15) DAYS FROM DATE OF APPROVAL. APPROVAL DATE: Permits are aoaroved subiect to the followina conditions: 1. Temporary dumpsters/containers may be allowed in all zone disVicts and must be located on private property. 2. If impractical to locate on private property, a right-of-way permit may be obtained from the Public Works Department pursuant to ARicle III of Chapter 21 of the Wheat Ridge Code of Laws. Contact 303-235-2861. 3. Temporary dumpsters/containers shall not be located so as to create sight, traffic, or safety obstrudions. 4. Dumpsters/containers shall not block sidewalks or impede pedestrian traffic. 5. The area surrounding the dumpster/container shall be kept clean and free of debris. 6. Pertnittee is required to keep this pertnit displayed so as to be visible from ihe sVeet. 7. Permittee assumes all liabllity and holds fhe Cily harmleaa against all claims, damages, suites, penalties, fines and liability for inJury or death W persons or loas or damage to property related to the placement of a dumpster/container in the Clty rightof-way. 8. The repair of any damage to pavement, curb, gutter, landscaping resutting from the placement, use or removal of the dumpster/container shall be the responsibility of the/alplicant and shall be perfortned to the satisfaction of the City. Fee: 75.00 Signature of Applicant: Approved By: see atta'i,'Aa H^4VvV= Building Dlvision Public Works Building Permit CITY OF WHEAT RIDGE 7500 West 29TH Avenue Wheatridge, CO 80033 ~ 303-235-2855 Gly of Wfier Ridgr Permit Number 19498 11 / 17/2005 Inspection Line 303-234-5933 Residential Miscellaneous PROPERTY 4470 Wadsworth Blvd Unit: owNEU: S& O Development (303) 898-2603 Descriptiou Temporazy Mobile Mini storage. Authorized By Zoning Approval Authorized On temporary placement (15 day) limitation not applicable as long as the special use permit is still in process. Zoning Approved By Thursday, Nwember 17, 2005 Page I of l Building Permit CITY OF WHEAT RIDGE 7500 Wast 29TFI Avenue Wheatridge, CO 80033 303-235-2855 ~C~qr*~Jw. er Permit Numb 19498 11/17/2005 Inspection Line 303-234-5933 Residential Miscellaneous 4470 Wadsworth Blvd Unit: owNER: S& O Development (303) 898-2603 Descrlptlon Temporary Mobile Mini storage. Ca ` FEES oeai.i cf . Units: Accupancy: Walls: Roof: Stories: Sq Feet: a I yarft cw1o fW Oe ~eM.¢k IWhoaf Proposd by thb permit ~pPtlutlav ne javnty mA do mt vblaa aPPtluble oNieaoeei, rvk+or retWntlovm o(1he CYty of ~yyA~ ~p p~ ~ypm~~y ea~~aoM w retlrktloo~ of rtmrd; Wa[ a0 nwwee~mh ~hown~ iod ~Os(atbv muk ue ~e~vnh; Uul [ hrve read and a~ree m abide by . ig mndOim pNeW on th4 applkatbq md Nat I uevme fa rupooW6ltltY for compllance Mth t6e Whe+t Rld[e BuM1oe Code (L.B.C.) md aY oWer aPPtlc+Ek WYnt RWge ordlnutt+, fv wort nvder Nb permit lOWN611)(CON'1'RACIYIR) SIQVM DAT¢ .~1 1'W ppmk wM 4wed Iv urnrtlavee wiN the provhboe M forlh iv your opplintion ouA 4 subjM to Ne hwe of N<State ofCalorWo aotl to Ne Zoelee AquYtloro ut Bo1Wln~ Cade ofKTwt Ald`q ColenAO or any oNer ~ppliwbk ordiv~ncn of the City. . t &very Parrak iwed Ju0 Mwme Nva11d uolep the worlc oo the dte autbwired bY wh pumY ie sommeeeed MWIO I80 dap afler Ih iumnn, or RMoe Mart Nethorped osqu tlh Or m6 permil Y nvpmded wabaetlooed 4r e perbd of IBO days oHV+Ne me ofwar44 mmmeoad. 7 7IWYpadtWMa.a eew'Pe^oft mYbescqolrtdfora faafovo-hJflhemouvtnormeDYRWired. V'°,rided eorhao{ahmEemwMlbemdebWe peiglnV pyo. avd'peUlkatbm md any euepembn or Wsndommt hu oot exttedM one (I) year. ifehaoqa ue mde or Itewpeodm ar ibudoomo, neeW eae(l) ]mi (m feea e6ofibe paW ter a aew Permlt. .1 NosqtOfnymamerNWlbe dooeNotwNcmoLetheoatunlMwofwohreamint. drain.LePr^bkm. . .5 Contrettar sWll nattf~f the Bolltlio{ Wpedor Meory-four (30) hovn In aAVaon for .Il loapectlom anE ehA recNVe wAtho approvel ou Wryeetloe wd bdorc ..pnaedNg wpy meprriw phua of Ne loe. 6 7yt yw~~ or tFe ap nwlep aod.PaitkatloeulWl not ba roenmeE m be a permi~ for, uor en approvel of. anY W^btl^e oftlu .q . rmyothero a,bw,rvkorrqe6tlon .CEk(DWtlMtimPoem^r -SIGNEIIDATE M1 . Thursday, November 17, 2005 Page I of 1