HomeMy WebLinkAboutWA-96-16~~
NATIOlUL AdVEHnSIND t:ONPANY
LEA9E AOREENENf
FDr1r1 (E!g alg5
ST DARD LEASE AGREEM 7 Y~ady
iNa~!a1o scrim SZR45~j
~I Est a RepresalxetNe LNa.)
'~~3 393-~7~1~f6
3M MEDIA
LEASE AGREEMENT
areneh
Laaw
--- _ _ _
THIS AGREEMENT, dated this ~ day of _/7-(~C• t ~ ,19 ~~, fs by and between F Pe'r J f 11 X P 1 ~ )A)C fE~ ~ J'
('LANDLORD, and NATIONAL A_ DVERTISING COMPANY, a Delaware
corporedon, doing business as 3M Meda, whose address is 6850 S. Harlem Avenue, Bedford Pads, Illinois 60501 ('SM MEDIA'). - - ~ ~ --
LANDLORD AND NATIONAL ADVERTISING COMPANY dlh/a 3M MEDIA AGREE AS FOLLOWS: w ~
1. PROPERN. LANDLORD is the owner (or authodzad lessor) of that certain real property (the'Property') locatetl ebcut IX ~~ /// ~ F - _
lest or miles
1V,~£-41r,~ M ~ ~ on,~ a ~ T 70 d- I" ~~ on)he(f~s-w sloe of Z 70 _ _ _
streeMlghweYwlandmelk Ieet Qr highway .. .., _
fordusplay(s) facing N-~S~eing part of the LANOLORD's property known as yq~ ~L+r •~ ~~45 S ~' W ~P4'Fl`r14o Tf ~e/'xJ^~) (~/)• •.. _
_ Street !Gry/Counry7Stet '
The display(s) are (Nended to be viewed from ~ 7~~ -. . ~, - -~~ ,
street ar hiyrwflY
S~
~~ Iece~ goes -;Fo yPQc-t2v der", re~r1 ~- s Lie //
thus $e i.vcrecas~e~ -(-~ Per yeas
SKETCH THE APPRO%IMATE LOCATION OF OUTDOOR ADVERTISING STRUCTURE ON PROPERTY
North
2 TERM. LANDLORD hereby grams and leases to 3M MEDIA and 3M MEDIA accepts the grant and leases Imm LANDLORD the Property to have and to hold
upon the terms and condttions contained this Leese. The Development Term, Pdndpel Tertn, as extended, and Yaar-to-YearTertn are collectively the'Tertn' of this Lease.
DEVELOPMENT TERM. The Development Term of this Lease begins on the date above If axepted below by 3M MEDIA (the'Commencement Date'). The Development
Tenn exp(res the last day of the month dudng which the advertising structure Is completed (Includirg illumination, ii applicable). 113M MEDIA has not completed the atlvertis-
ing structure within twenty-tour (24) months after the CommencemeN D tBB~~3M MEDIA shall elect to (I) terminate this Lease or (li) begin the Pdncipal Tertn.
~~J
PRINCIPAL TERM/p(7ENSION. The Pdncipal Tenn shall be for years and shall commence upon the first day of the momh followirg the completion of the advertis-
arI EdFhIA M1ae IFn d A1Fn DAnniml Tnnn <..r nn nAAlNnnaLfn,... .., ,n.. In n~ ,n~M n ~A~
ing sWCture (or election of 3M MEDIA to begin the Pdncipal Tenn) - °'° ° n_~
_ .. ....-._..._. ,~~ r ,r.. n~i ,fCn,I. ,n Ann.nnA ,n A°v
yF4R-TO-vFaA TERM. Upon the expiretlon of the Pdncipal Term, as extended, this Lease will continue on the then existing terms and conditions on a year-to-year basis.
LANDLORD or SM MEDIA may terminate this Lease effective at the end of any lease year of the Year-to-Year Tenn by giving at least thirty (30) days wdaen notice pdor to
the and of that lease year.
3. RENT. 3M MEDIA shall pay Rem to LANDLORD anNTally in advance in the following amounts for each Tenn: DEVELOPMENT TERM $50.00; PRINCIPAL
TER p~ -Rant shay be deemed to have been received on time uNess LANDLORD notifies
3M MEDV+of non-receipt of payment 3M MEDIA shall be permitted thirty (30) days from receipt of notice of non-receipt to make such payment without being in delautt of this
Lease.
4. LEASE PROVISIONS. This Lease contains the provisions on this page and on the reverse hereof. LANDLORD has read and understands all such terms and
provisions. -
--• •--n;--- Exealed under the fretM and seal of the paNes on the dates provided below.
- _,~~-~~s/~~
OHerq~t ... .. .. -.
. _ ~ ~' - (SEAL) (SEAL,
III LANDLORD i • u/re//,' ,mss- ~ - - 119 LANDLORD Sipwture
D..., ae ur:n. mw,U n-~~ Prhll NamaR~lF (•orWratbn Or Partnership
- WNness (N epplkeble)
-• ~~iT/L~ ®"YNiv~~ Wsness (H appocebb) - .-. ..
(~ LANDLORD Name /S<AC1p~~1yPa/ ~arJere ~-P I~D-
Address: 1'" 0 r (30x ~'!~
nPnuer ~o. ~0.~/~
(N) (seAu
NATONAL ADVERTISING COMPANY Signature
Pdnl Neme/TPIe - ~ - ~ -
WlUlass (N applkaWe) -
-_ _-.- ___. _.. ..-VlNness Cd appfiable)... _. .. -.
t ~: j ol~/.J - / ~J'~7 / Acceprenco Data: .
phgle Taz IdenlNxgtian No.
CUSTOMER SERVICE 1-800-571-8080
5. LFISED PROPERTY. 3M MEDIA shall be entitled to uas the Properly to eroet, maintain, aervlcs, remove end repoaitlon (if subsequently
necessary) an outdoor advertising atructuro (Including neceaaary structuros, footings, devices, power poles and eonnectione) on the Property for such
use or uses as pormlttad by law. The leased portlon of the Property Includes ail neceaaary areas over, across and under the Properly to provide for the
conatroetlon, maintenance, service of advertlalnp copy, repoddoning and romoval of the advertising structure and to provide for the installation of
electrical and telephone service to the advertising atructuro, If nacessuy.
8. LANDLORD'S COVENANTS. (a) AUTHORITY OF LANDLORD. LANDLORD covenants and warrants that LANDLORD la either the owner, agent
of the owner, or an authorized lessee of the Properly and that LANDLORD has foil power and authority to enter Into and perform under the covenants
oT this Leese, Including, without Ilmitatlon, leasing the Property and authorizing the eonstruetion of the advertising structure at the location provided.
LANDLORD agrees to provide 3M MEDIA with written proof of ouch authorization. LANDLORD Brenta to 3M MEDIA quiet enjoyment of the Property and
warrants antl agrees to defend 3M MEDIA in the quiet enjoyment of the Property during the Term of this Lease. LANDLORD and 3M MEDIA agree that
this Lease may be recorded at the appropriate county oNice.
(b) ACCESS/NO OBSTRUCTIONS. LANDLORD covenants end warrants that 3M MEDIA shell have a reasonable means of access over, across and
under the Property, and any adjoining or appurtenant property owned or controlled by LANDLORD, to erect, illuminate, maintain, aervlcs, remove and
repoaitlon Its outdoor advertising structure. LANDLORD covenants and warrants not to erect, place, construct or maintain any Improvement, structure,
advertising display, vegetation (Including any trees, shrubs, orothervegatation), orany other object on the Property, or on any adjoining or appurtenant
property owned or controlled by LANDLORD, which would In any manner, partially or completely, obscure or obstruct the normal highway view(s) of 3M
MEDIA'S advertising atructuro on the Property, or permit any third party to do ao. 3M MEDIA has the right (i) to remove the obscuring or obstructing
Improvement, structure, advertising d{eplay or other object at LANDLORD'S expense; and (Iq to cut and/or remove any obscuring or obatructln~y
vegetation at 3M MEDIA'S expense. lJ he'Nte;
7. INDEMNITY AND INSURANCE. Each party agrees to IndemnRy and hold harmless the other from any and all claims or demands on account
of bodily injury or physical property damage caused by or resulting from any negligent or willful acts or omissions of the tndemnltying party ~ its agents,
employees or contractors. 3M MEDIA agrees to carry, at Its own cwt and ezpenae, general liability inaurence In the amount of One MIIIion Dollars
(51,000,000) covering any such contingency during the Term of this Lease.
8. 3M MEDIA'S TERMINATION RIGHT. If at any time (i) the normal highway view of 3M MEDIA'S advertising structure is obscured or obstructed;
(ii) the use or Installation of ouch advertising structure is prevented or restricted by law or by 3M MEDIA'S Inability to secure and maintain any necessary
permits or licensee;
g. CONVEYANCE. Any convoyance of the Property to a third party is subject to this Lease. In the event of a change of ownership of the Property,
LANDLORD agrees to promptly notify 3M MEDIA and provide the new landlord with a copy of this Lease.
10. CONDEMNATION. In the event that all or any part of the Property la acquired or sought to be acquired by any entity having or tlelepated the
power of eminent domain, 3M MEDIA shall, at its election and in Its sole discretion, be entitled to: (i) contest the acqulsitlan ar defend against the taking
of 3M MEDIA'S Interest in the Property; (II) relocate the outdoor advertising atructuro and appurtenances onto any portlon of the Property not acquired
or to be acquired; and/or, (Ill) be compensated from any award or eonaidarotion payable by the acquiring entity for all costa, damages end value loss
incurred by 3M MEDIA relating to Its leasehold, as Improved with the outdoor advertising structure. LANDLORD may not terminate this Lease under any
right or circumstance if the Property has been taken or is threatened to be Uken by eminent domain, or If the Property Ia conveyed to any entity or Its
agent with eminent domain authority. No contemporary or subsequent modificatlan of this Lease or the foregoing sentence shall be effective unless it
specifically references this parognph and the foregoing sentence.
11. 3M MEDIA'S IMPROVEMENTS. All the outdoor advertising structures, power poles, materials and equipment on the Property era and shall
remain the property of 3M MEDIA antl may be removed by 3M MEDIA at arty time prior to or within ninety (00) days after the termination of this Lease
orany extended term of this Leaw. 3M MEDIA agroes to remove the adverUsinp structure, (exelualve of footings which shall only be romovsd to grade
levee and restore the surface to Its natural condition.
72. ENTIRE AGREEMENT. Thla Lease contains the entire agreement between the parties and may not be changed except by wdtten agreement
signed by the partlss.Oral representations or agresmentashall have no obect. If the proper legal deacriptlon of the Property Is not attached, either party
may attach or provide it at • later time. - ,-_ -.~,.~,,.,
23. NOTICE. All notices era affective upon dispatch and must be In writing and delivered by mall, personal delivery or commercial courier to
LANDLORD and,~µM~p)A. at the respective addrassea set forth above.
i~
(' i
STATE OF_~)r ~ ~ thb ~dq of .e/L ,19 [~. Da/on ma ~~~N~~ ~ 'r/I/ /~
COUNTY OF t)a undudgned omcer, panendy ap/pala~rad ,y~~~~7'~/ ~p~//~~/~y~n
..rpj. BL1 ~ ~~i/11 (, ///i/~/!J (i(/~U1C.!//~i rN////itpY/. uwaan•a w.:7n- ~.,~ ..
. yT,,~....~•,: POPS /7-./J Li _- tnown to ma (onaadaetarlly proven{ to bo tM person(a)
COL,,, whoa name(s) b wWCdbed to the Wove NWUment, an In9 lntormad of M oo anL o/ old ms%rvmnnt, wkno=rifled volunnry
" axaeuUon of aunt for lM us and herdn eon n . Olv ntlar h an o IWI .. ,1 - ,
My Commbdon Expinr. `, ?;
STATE OF ) On thb dq of ,10 _ , Edon ma '- ,
88 avw,wwr. w.y '
COUNTY OF ) the untlmigned omur, penondly appaarW
known to ma (or utisfactorlly prawn) to M the Person(a) whoa namsP) b subecribetl to tM above Instrument, antl bring Informed
of the eantmL of add indrumenq aeknorded9ed voluntary execution of soma for the uus and Durpoua Mrdn wntdned. Oiven
antler my hand and oflle4i ad.
My Commbdon Explrn:
ewrw.x wi.,r
Parcel Indentificatlon Number:
Legal Deseriptlon of Property (For Recording Purposes):
Afbr rocording return to: Natlond Advertising Company, Attention: Lsau Coordinator,
The City of
~]Vheat
~IZidge
Applicant~~
Address~~4'D ~- lnlcr 5~ ~~ Phone 343-7y~6
Owner w,-xP~l C<<~cr.I.oCcs• Address p(~ Q~yc ,~~.Q() Phone~~j~~ J
~T`
Location of requsstyJ,,,y {~ir.Klfi~/S~ ic~lrcc-r; -cly,~
Type o£..action requested (check one or more of the actions listed below
which pertain to your request.)..
d Change o£ zone. or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
e Preliminary
Final
[]** See attached procedural guide
for specific requirements.
Detailed_Description of request
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code ,_
Zone line modification.. __"~
Public Improvement Exception~`~ ~~
Street vacation. ~ ~'e °
Miscellaneous. plat I ~~~(hl'
Solid waste landfill/ rmL1
mineral extraction pe it°~ .
^ Other
. ~-, ~
List all persons and companies-who hold an interest in-the described real
property, as owner, mortgagee,__lessee, optionee; etc.- _
NAME ADDRESS _ PHONE
~~ rl - tC'o-( ~' ~,c 'r fP ~' D G /~~•t ^ 35YJ Oeu t..a.~ i (~( ~3 ~ '7 i.~ - J ? 7 / __
I certify that the information and exhibits herewith submitted are. true and
correct to_the best o£ my_knowledge and that in filing this application, I
am acting with the knowledge and consent o£ those•persons iisted.above,_
without whose consent the requested action, cannot lawfully be_accpmplished.
Applicants .other than owners must submit power-of-attorney from the owner
which approved o£ this action on his behalf.
Signature of Applicant
Subscribed and sworn to me. .this ]~~day of ~, 19 ~(p
SEAL
Date Received - ___ Receipt No.
ADMINISTRATIVE PROCESS APPLICATION
Department of Planning and Development--
7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
My commission. expires -~ -ay-qG
Case No.
RECORDED
OF IN
JEFFER80N _ / ~/r(
,;
' COUNTY
STATE OF COLORADO
961948 ,.~,;
s
~ ?, w'NN"k._----
___, RECEPTION
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1da13 _____ _~
1.00 -_ .a+41
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7,~.r,7a7t+a..-----r.---'=,~ -----10/24/06
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QUiT CLAIM DEED 71y. Urp,m...w ul nlphw,r, M ttN d edlb
y N.u'+•'+Y Ollir, anlltlinp '.'~
~ ~ 22nd d,y'of°, Septemhcr---
hi
., f9 86.
vnl tad 7'•umo ar,nlw _
_...d
~ s
THIS pFF.D. Muk t
GHWAYS ,frcmloa~ a7aM.7 w,r tl,pl7pa
E:,, ~t"1t1' STATE DEPARTMENT OF HI
STATEIOF COl0AAD0AY5
and stoic of r
of the City and ~Countynf Denver
(Y7loradn, pta7lmu.A and
AECotoradoDCorporationOMPANY,
;,
f.0 80201
n` I 4395 W+shington, Denver,
vin.:c :ego! wkhea. is rantee(s).
~ I and Slate of Colorado. B
~~ of the City and C,w.n7ynf Denver
I~ WfiNFSSf.TN. Thn The pranux(rl. fE'T and in mnX7denlbn of the sum of
~i ONE DOLLAR (51.00) and other good and vatuabte consierations
. ~ remised. rcica•.ed, cold, cYmt'e~ed and
. :• te7nise, teleau. sell, mosey end QV[f CLAIM unto the
` the sceltw and cu(DcieneY of whl:h eo do e5kt7owledged: ha S
,~ jI QUtT CI.AI~4f:D. and b these PR' to if en Attuk. fy1nB end belna in
II ~~faL i L5 Hft~de, snecesso7a a77d mslgnx. fo7ever,ther wlrn 1Bm7{~m~7~~st, e~ fm and dema77d which t
} a' i grantcx7a7 h76 In end to the led property. B rand Stale of Colorado. described 171 follows:
tv,I ~ Ccwntyof Jefferson
~q~~
?~'' A tract or parcel of land No. 19RA of the State Department of
~ j rate of Colorado, Pro~trct No. I
Highways, Division of Highways, 5 ft., more or less, 1n the SM 114
76-1135) Sec. 1 cantalning 32,602 sq.
SlxthePriinci/pal Meridtan~ in~Jet arson Cou Lyh~Colorado 9 said tracttor
~ parcel being mare particularly described as follows:
Commencing at the SW corner of ~atd Section 13; thence N. 00 08'
along tge west line
11" N. (C.O.O.H. R.O.W. Plan N. 00 09' 30" thence N. 74 38' 49" E.
of said Section 13, a distance of 530~3Ef~eta distances f 703.~8Wf~et~
thence~N. 010037' 03"nN (C D40 H?, R.O.N. P1 an H. O1 38 22
distance of 100.00 feet to the true Po1as descrlbedl ins Book 16981 Page
being the NE corner of tha fe abs~tsaid point also being an the south
130 of the Jefferson County
right of way line of S.H. 76 (Mar. 1986);
1. Thence N. Ol° 37' 03" W. (C.D.O.H. R.O.N. Plan N. Olo 38'
22" W,), a distance of 51.67 feet;
2. Thence 5. 16° 12' 28" N. (C.D.O.M. R.O.N. Plan S. 76° 11'
Og" W,), a distance of 67.73 feet;
3. Thence 5. 84° 19' 43" N. (C.D.O.H. R.O.W, Dl an 5. 840 18'
pb" W,), a distance of 181.53 feet;
0 ~I
4. Thence S. 780 45' 25" M. (C.D.O.H. R.O.W. Plan • S. 78 44
06" W.), a distance of 193.83 feet;
5, 2 enEe)S.e disteneegofE96t48 feet~to sald~northerly~Property
line;
6" p~nEe)Nalong saldbnortherly p~operty~~lne paadlstance4of371
429.71 feet, more or less, to the point of beginning.
The above described parcel contains 32,602 sq. ft., more or less.
'~
'If 7n Mn..6 N,wn "City vend" (Continued) ~ '~
_ _. _ .__ .._-_°- -viii ~~
4.~
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~` fry is
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prof. No. 1 76-1(36) Sec. I'
[ 76 Extension 4
Nadsworth -Sheridan _ ,., _il __+{
__
- - P4reN No, 19RA . .- - -- - I
Page Two I
Bearing rotation: 00° O1' 19" Lt.
Reserving unto the grantor all right or rights of eccess to and
from Interstate 76 (S.H. 76) across a line described above 1n Courses i
2, 3, 4, and 5.
5ub~ect to a PUBLIC SER4ICE COMPANY OF COLORADO easement as i
permanent easementh to EREAD°tMiXEC CONCRETE~~COMPANY for501ngress wand ~;~
egress as recorded in Bork ltSB, Prga 130. !I~
i EXHIBIT 'A" '
i
I~ A parcel of land 'ocated in the SE 1/4 of Section 14 and the SN
PrincipaleCNerldian amore particularlysdescrlbedgas follows~f Beg1nM n9 i'i,
I'
~~ at a Point on the northerly right of wey line of State Highxay No. 7~
i;
I' 38~big98E),faoAistance of 1208484ofeet;othence SeC82an014' 00"rN Nalong !,
l~ the northerly right of way line ~ sold State Highway No. 76, a
distance of 122.94 ffiet; thence 5. 60 23 30" E., a distance of 400.16
~, southerlyerl9ht ofyway311ne of said StatetHi9hway N°•176 2thence N~ 74~
~~I 37' 30" E. along said southerly line, a distance of 187.94 feet; thence
~~ N. 71° 35' 00" E., a distance of 178.27 feet to Lhe westerly right of
way line of Narshalll fne of Marsha118Str ,eten as d1 s lance 8af 255.16 fext9 ~i
'~ the said rrost~rly " line of i
~~ thence N. 00 3E' 38 E. continuing along Bald wesoterly
~ thence S. 71 35' 00" M., a
Marshall Street, a distance of 23.47 feet; ~
!~ feet ~cthence 6N7760~e23' 30" eNN, e9 distance of ~303a24t feet ~ more nor
~~ used ~inotheen ove desc iptiongare orientated Ito a modified Colorado
%j
~ Coordinate System (Central Zone).
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It3492
BJI SURVEYING
8661 E. AMHERST DR. #F
Denver, Colorado 80231
750-6242
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MAY 25, 1996
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~, BJI SURVEYING
~\~ f ' 8661 E. AMHERST DR. #F ~y 25 ~ 1996
Ir3492 Denver, Colorado 80231
SHEET 2 OF 2 ~ , ;~. ~ 750-6242
STREET ADDRESS: 4909 MARSHALL STREET
LEGAL DESCRIPTION:
(A RECEPTION NO. 86130831)
A TRACT OR PARCEL OF LAND NO. 19RA OF THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF
HIGHWAYS, STATE OF COLORADO. PROJECT NO. 176-1 (35) SEC. I CONTAINING 32, 602 SQ. FT., MORE
OR LESS. IN THE SW 1/4 OF THE SW 1/4 OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 89 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN, IN JEFFERSON COUNTY, COLORADO, SAID TRACT OR PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID SECTION 13; THENCE N. 00° OS' 11" W. ALONG THE WEST
LINE OF SAID SECTION 13, A DISTANCE OF 594.3 FEET; THENCE N. 74° 38' 49" E., A DISTANCE OF 703.38
FEET; THENCE N. 01 ° 37' 03" W. A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT ALSO BEING THE NE CORNER OF THAT PROPERTY AS DESCRIBED IN BOOK 1698, PAGE 130 OF
THE JEFFERSON COUNTY RECORDS, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF
S.H. 76 (MAR. 1988);
1. THENCE N. 01 ° 3T 03" W., A DISTANCE OF 51.67 FEET;
2. THENCE S. 76° 12' 28" W., A DISTANCE OF 67.73 FEET;
3. THENCE S. 84° 19' 43' W., A DISTANCE OF 181.53 FEET;
4. THENCE S 78° 45' 25" W., A DISTANCE OF 193.83 FEET;
5. THENCE S. 14° OS' 09" E. A DISTANCE OF 98.48 FEET TO SAID NORTHLY PROPERTY LINE;
6 MORE OR LESS. TO THE POINT OF BEGINN NG. PROPERTY LINE, A DISTANCE OF 429.77 FEET,
THE ABOVE DESCRIBED PARCEL CONTAINS 32, 062 SQUARE FEET MORE OR LESS.
LOCATION CERTIFICATE:
MORTGAGE COMPANY:
TITLE COMPANY: PREPARED FOR 3M NATIONAL ADVERTISING
BORROWER:
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED BY ME, THAT
IT IS NOT A IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED ON FOR THE
ESTABLISHMENT OF FENCE, BUILDING OR OTHER FUTURE IMROVEMENT LINES. I FURTHER CERIFY
THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, MAY 25, 1996, EXCEPT
UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUDARIES OF THE PARCEL, EXCEPT AS SHOWN,
THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON
ANY ADJOINING PREMISES, EXCEPT AS INDICATED, THAT THERE IS NO APPARENT EVIDENCE OR
SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL EXCEPT AS NOTED.
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region6Mai ntenance ~T
~~~~~
5640 East Atlantic Place ~~~~~
Denver, Colorado 80224
(303) 757-9514
City of Wheatridge June 25, 1996
Department of Community Development
c/o Mr, Shawn McCartney
P.O.Box 638
7500 West 29th Ave.
Wheatridge, CO 80033
RE: Proposed National 3-M Billboards, along I-70 in the City of
wheatridy-e
The Department of Transportation has determined after reviewing the
proposed locations--for Billboards along I-70, that the four locations
would comply with State and Federal Outdoor advertising laws.
The location at I-70 and Kipling, Northwest corner, on the "Pig Skins"
property, would comply if the sign is located on the most westerly-
portion of the property,(approximately 650 feet, west of the center
line of kipling Street.
The location at I-70 and I-76 on the "Ready Mix" property would comply
if the sign location is 500 feet form the existing billboard on the
D.A.V. property.
The last two locations, North of I-70 and west of Harlin Street, would
comply if the signs were installed 500 feet apart.
If you have any further questions please contact me at the Colorado
Department of Transportation, 5640 East Atlantic Place; Denver, CO
80224, 303-757-9514.
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~ `P.O. BOX 638 TELEPHONE: 303/237-6944 The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 GWh Pat
Ridge
August 8, 1996
WA-96-16
This is tc inform you that Case No. which is a request
for, approval of a 32' billboard height variance to the 32' billboard maximum
height allowance for a billboard to be re-located within the B-2 zone district.
for property located at 4909 Marshall Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West-29th Avenue
at 7:30 P.M. on August 22, 1996
All owners 'and/or their .legal counsel of the parcel under
consideration must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend. this Public Hearing and/or submit written comments.
It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
if you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: August 22, 1996 DATE PREPARED: August 9, 1996
CASE NO. & NAME: WA-96-16 / 3m Advertising CASE MANAGER: Sean McCartney
ACTION REQUESTED: Variance to allow a 64' billboard to be built near Interstate-76.
LOCATION OF REQUEST: 4909 Marshall Street
NAME & ADDRESS OF APPLICANT(S)
NAME d~ ADDRESS OF OWNER(S)
3m Advertising
4650 Dahlia Street
Denver, Colorado 80216
Ready Mix Concrete
P.O. Box 2290
Denver, Colo. 80216
APPROXIMATE AREA: approximately 38,580 square feet
PRESENT ZONING: Light Industrial
PRESENT LAND USE: Vacant
SURROUNDING ZONING: W:, N:. and S: Light Industrial, and E: Commercial-One
SURROUNDING LAND USE: N :and W: Interstate 70 and 76, E: Automotive
S: Restaurant J night club
DATE PUBLISHED: August 2, 1996
DATE POSTED:
August 8, 1996
DATED LEGAL NOTICES SENT: August 8, 1996
AGENCY CHECIaIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: (XX) ( )NONE
ENTER INTO RECORD• _
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( )SUBDIVISION REGULATIONS ( )OTHER
The property is within the City of Wheat Ridge, and all notification and posting requirements have
been met, therefore, there Is jurisdiction to hear this case.
Board of Adjustment Staff Report Page 2
Case No. WA-96-16
1. REQUEST
The applicant is requesting a 32' billboard height variance to the 32' maximum billboard height
requirement. The applicant is proposing to relocate an existing billboard (located on the east side
of the property at 6285 West 48th Avenue), to 4909 Marshall Street. Upon relocation, the applicant
is proposing to redesign the existing four-post style billboard, with the updated mono pole style.
Approval of this request would allow for the construction of a 64' billboard.
According to section 26-412 (c)(4) of the Wheat Ridge Code of Laws, no billboard shall exceed 32'
in height.
4909 Marshall Street is located in a sparsely populated area of Wheat Ridge, and remains
undeveloped due to it's landlocked situation. Upon the convergence of Interstates 70 and 76, this
property was cut off from any public access. Because of this, a billboard would seem to be the
most viable economic venture this property could ascertain.
11. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for an
adjustment:
t. 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?
As previously stated, this property remains as an undeveloped, vacant lot, due tc it's landlocked
situation. Also, because it is located near Interstate 76, which has an existing grade 43' above 4909
Marshall Street, a billboard built to comply with the 32' maximum billboard height requirement
could probably not yield a reasonable return in income.
2. Is the plight of the owner do to unique circumstances?
Because the grade difference between 4909 Marshall Street and nearby Interstate 76 is
approximately 43', and because the property is landlocked due to the convergence of Interstates
70 and 76, the plight of the owner is due to unique circumstances.
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3. H the variation were granted, would it alter the essential character of the locality?
The location of this property is at the junction of Interstates 70 and 76. If the variation were
granted, the essential character of the locality would not be altered.
4. Would the particular physical surrounding, shape or topographical condition of the specific
properly involved result in a particular hardship (upon the owner) as distinguished from a
mere inconvenience if the strict letter of the regulations were carried out?
As previously stated above, the physical surrounding and topographical relationship between ~b909
Marshall Street and nearby Interstate 76 result in developmental, and economic hardships.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other properly within the same inning classification?
Because the variation, as well as any other variation, is based solely on a site-by-site basis, the
conditions upon which the petition Is based upon would only be applicable to a variation for this
site only. All other cases would be reviewed individually.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
ProPe~
K is the exclusive desire of the applicant to make money solely upon the visibility of the billboard
on this property. The applicant, upon selecting this site, knew that a 32' high billboard would not
be visible from nearby Interstate 76. Therefore, approval of the variance would allow the applicant
to market the billboard site.
7. Has the alleged difficulty or hardship been created by arty person presently having an
interest in the property?
Because the applicant knew of the site and it's recessed proximity to nearby Interstate-76, the
alleged difficulty or hardship has been created by the applicant.
8. Would the granting of the variance be detrimental to the public weMare or injurious to other
properly or improvements in the neighborhood in which the properly is located?
No, the granting of the variance would not be detrimental to the public welfare. This site may
always remain vacant unless a project, such as a billboard, is not allowed to be constructed.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the danger
of fire or endanger the public safety ar substantially diminish or impair property values
within the neighborhood?
Because the property is vacant and there Isn't any access from a public right-of-way, the proposed
billboard would not Impair the supply of light or air to adjacent properties, nor would it increase
congestion.
111. STAFF CONCLUSION AND RECOMMENDATIONS
As it relates to the above criteria, staff concludes that the findings do support approval of this
variance, due to the fact that the property is undevelopable and the owner would not be able to
yield a reasonable return in use, service, nor income if the variance is denied. Therefore, staff
recommends APPROVAL of case WA-96-19, with the condition that the approval be fora 15'
billboard height variance. Approval of staffs condition would allow for the construction of a~
billboard. Should the applicant's request be approved, staff recommend the following: ~'7
1. A certified, stamped engineers survey must be submitted, with the building permit, which
calculates wind load and shows the elevatlonal relationships between nearby Interstate-76
and the property.
2. Redesigned billboard must comply with all other development regulations stated in section
26-412 , of the Wheat Ridge Code of Laws.
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PUBLIC HEARING SPEAKERS' LZST
CASE NO• WA-96-16 DATE' August 22, 1996
REQUEST: An application by 3M Natiotral Advertising for approval of a 32`
billboard height variance to the 32' billboard maximum height allowance for
a billboard to be re-located within the B-2 billboard overlay zone district.
The pro ert is zoned Li ht Industrial and is located at 4909 Marshall Street.
P Y g ,
Position On Request;
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~ SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ,
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. WSEAT RIDGE BOARD OF ADJCTSTMENT
MlivuiaS OF MEETING: August 22, 1996 Page 2
2. APPROVE TSE ORDER OF THE AGENDA
Motion was made by Board Member ECHELMEYER, seconded by
Board Member JUNKER, that the agenda be approved as printed.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PUBLIC SEARING
A. Case No_ WA-96-16; An application by 3M National
Advertising for approval. of a 32' billboard height variance
to the 32' billboard maximum height allowance for a
billboard to be re-located within the B-2 billboard overlay
zone district. The property is zoned Light Industrial and
is located at 4909 Marshall Street.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
• Board Member MAURO brought to the Board's attention that the
posting for this case had not been up for the full 15 days
required by law prior to the hearing. Discussion followed.
Motion was made by Board Member MAURO, seconded by Board
Member HOWARD, that Case No. WA-96-16, be continued until
the next scheduled meeting in October. Motion carried 8-0.
B. Case No. WA-96-19; An application by 3M National
Advertising for approval of an 18' billboard height variance
to the 32' billboard maximum height allowance for an
existing billboard in the B-2 billboard overlay zone
district. The property is zoned Commercial-Two and located
at 6285 W. 48th Avenue.
Board Member HOWARD brought to the Board's attention that
the posting for this case had not been up for the full 15
days required by law prior to meeting date.
Motion was made by Board Member HOWARD, seconded by Board
Member JUNKER, that Case No. WA-96-19, be continued until
the next scheduled hearing in October. Motion carried 8-0.
C. Case No_ WA-96-24; An application by Gene Pastor for
approval of a 3'6" side yard setback variance to the 5' side
• yard setback requirement to allow a detached garage 18" from
the side property line. The property is zoned Residential-
Two and located at 3815 Carr Street.
WHEAT RIDGE BOARD OF ADJQSTMENT
MYcv~ivs$ OF MEETING: October S0, 1996 Page 2
•
2.
3
4.
APPROVE THE ORDER OF THE AGENDA
Motion was made Board Member ECHELMEYER, seconded by Board
Member HOWARD, to approve the order of the agenda as
printed. Motion carried 7-0.
PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
PIISLIC BEARING
A. Case No. WA-96-16: An application by 3M National
Advertising for approval of a 32' billboard height variance
to the 32' billboard maximum height allowance for a
billboard to be re-located within the B-2 billboard overlay
zone district. The property is zoned Light Industrial and
is located at 4909 Marshall Street.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member HOWARD asked if the owner of the property is
present, and Mr. McCartney replied no, however the
representative does have power of attorney. Board Member
HOWARD also wanted to know where the notice was posted on
the property, and Mr. McCartney said the applicant posted
the property so he will have to address that. It was noted
this property is directly behind Kiper Auto Body.
Board Member ECHELMEYER asked if it's impossible for-the
applicant to acquire the area that leads to Marshall Street
and Mr. McCartney said it is not out of the question. Staff
needs to make sure if an easement is made for them to go
through that there_is enough width for the Kiper property to
be developed in the future. A 30° easement will be needed
to allow for access. Board Member ECHELMEYER commented if
there was an easement it would open up the property for much
more than just a billboard.
Mr. McCartney clarified a concern stating the charter reads
structures in the Light Industrial zone district can only be
50 feet high. With a variance, the Board of Adjustment is
empowered to grant a 10°s above any maximum total height.
Board Member HOWARD asked what are the heights on some
billboards i:n the city, and Mr. McCartney replied a guess
would be anywhere from 45 to 55 feet. As far as Mr.
• WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETINGo October 10, 1996 Page 3
McCartney knows there are no billboards along the I-70 and
I-76 corridor over 55 feet (relative to the ground they are
standing on and not the freeway height). Discussion
regarding existing and future easements on the property
followed.
Board Member ECHELMEYER wanted to know how this 10% of 50
feet apply differently here than it did for the billboard on
I-70 west of Kipling that was restricted to 32 feet, and Mr.
McCartney answered it could have been been voted on for
approval. However, there were different circumstances with
that case, especially there were no hardships and it was
evenly graded with I-70. It was not verified, but the
applicant said he measure 43 feet to grade up on I-76.
Board Member THIESSEN questioned there being some doubt as
to whether there is an easement to this property, and Mr.
McCartney answered he could not find the easement on the
property in question because specific records on that are
not kept unless it becomes a plat.
• The applicant, Wayne Osterloo, representing 3M National
Advertising, 4650 Dahlia Street, Denver, CO, was sworn in.
Mr. Osterloo is a real estate representative and part of his
job is to find new locations for signs and to upgrade their
existing inventory. This sign in question is kind of a
combination of the two. The sign was built 20 some years
ago and is currently blocked by trees. The value of it is
diminishing, so they are trying to find another location to
generate income for them as well as the property owner. His
company is very reputable- and upstanding and believes in
putting out quality products and taking care of the
environment. Instead of trimming down the trees, they feel
their best option would be to relocate the sign.
Mr. Osterloo agrees with the nine criteria, however, wanted
to clarify the unique circumstances saying the land was
there and so were the codes way before the highway was
built, so he blames the hardship on CDOT. Mr. Osterloo
wanted to distribute a handout with codes showing how they
work with other communities on sign height and grade
differences along freeways, however motion was made by Board
Member HOWARD the handout not be allowed because he felt
they have no bearing on the case. Motion died for a lack of
second. Mr. Osterloo distributed the handouts labeled
Exhibit 'A', and discussed the codes and regulations from
other cities. Entered into record were photos labeled
• Exhibit 'B' and 'C'.
• WHEAT RIDGE BOARD OF ADJ[TSTMENT
M.r.xeVxES OF MEETING: October 10, 1996 Pffige 4
Mr. Osterloo did not know a billboard could only be 50' high
in an industrial zone and would like to lower the request to
55° if possible. Mr. McCartney pointed out where the DAV is
and the sign will be on the overhead.
Board Member HOWARD was concerned with the two existing
billboards on the DAV property, and Mr. Osterloo said one
billboard faces I-70 and the other one is facing Marshall
Street. Discussion followed regarding orientation of the
signs.
Board Member HOVLAND wanted to know how high would the sign
have to be in order to be visible when going west on I-76,
and Mr. Osterloo said the eastbound lanes are actually
higher than the westbound lanes, so he feels the sign should
be around 55 feet. Board Member HOVLAND asked the board if
there is enough of a concern as far as this being oriented
to I-70 that they need to restrict it to one direction of
travel only. Board Member THIESSEN feels most billboards
can be seen from a lot of different neighboring areas but
orientation means the direction that the billboard is
facing. Mr. McCartney said this billboard faces east and
. west (which is the way I-76 runs), so the motion can state
the sign is oriented east and west of I-76, thus meeting the
600 feet requirement.
Board Member ECHELMEYER said he will be abstaining from
voting on this case because he feels it is an unsafe.
Discussion followed and Chairman WALKER felt Board Member
ECHELMEYER should vote no and then state the reasons why
instead of abstaining. Discussion followed with Board
Member THIESSEN motioning to allow Board Member ECHELMEYER
to abstain from voting on this case. Motion carried.
Motion was made by Board Member HOVLAND, that Case No. WA-
96-16, an application by 3M Advertising, be approved for the
following reason:
1. The 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 the building permit which calculates windload and
. shows the elevational relationships between nearby I-76
and the property.
• WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 10, 1996 Page 5
The re-designed billboard must comply with all other
development regulations stated in Section 26-412 of the
Wheat Ridge Code of Laws.
The billboard be oriented perpendicular to Interstate
76.
Motion was seconded by Board Member JUNKER. Motion carried
5-1 with Board Member HOWARD voting no, and Board Member
ECHELMEYER abstaining. Resolution attached.
B. Case No_ WA-96-19: An application by 3M National
Advertising for approval of an 18' billboard height variance
to the 32' billboard maximum height allowance for an `
existing billboard in the B-2 billboard overlay zone
district. The property is zoned Commercial-Two and located
at 6285 W. 48th Avenue.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which. Chairman WALKER
accepted.
• Mr. McCartney pointed out the location of the tree on the
owner's property on the slides.
Board Member ECHELMEYER asked will 3M remove the existing
sign west of the building, and Mr. McCartney answered yes,
it will be moved to 4909 Marshall Street (the previous
case). There will only be one sign on the. east side.
Mr. McCartney added if this request is denied there could be
placed in the motion that they could rebuild the sign up to
32 feet. The sign is currently non-conforming and that is
why it would need a motion. Discussion followed on non-
conforming structures.
The applicant, Dawn Lumberg, representative for 3M National
Advertising, 4650 Dahlia Street, Denver, CO, was sworn in.
She wanted to explain what they are attempting to
accomplish. The sign will actually be 32 feet above the
grade of I-70 and the structure will be changed from a four
post to a single post which is a lot safer..
Ms. Lumberg commented on the nine criteria. There was not
much vegetation problem when the sign was built in 1973, but
as the years have gone by the trees have grown. A lot of
these trees were planted by CDOT and are on the right-of-way
and that is one of the reasons they want to make the sign
• taller. The income from the sign has been lowered for both
owners over the years because the visibility has lessened.
Therefore, she feels the circumstances are unique.
• 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 Wheat Ridge, County of Jefferson,
State of Colorado, on the 10th day of October 1996.
CASE NO: NTA-96-16
APPLICANT'S NAME: 3M National Advertising
LOCATYON: 4909 Marshall Street
Upon motion by Board Member HOVLAND , seconded by Board Member
JUNKER the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officerp and
WHEREAS, Board of Adjustment Application, Case No. WA-96-16
is an appeal to this Board from the decision of an Administrative
Officers 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-96-16 , be and hereby is APPROVED.
TYPE OF VARIANCE: A 32''billboard height variance to the 32'
maximum allowed height
PURPOSE: To allow a 50' high billboard near interstate 76
FOR THE FOLLOWING REASON:
1. The 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
the building permit which calculates windioad and shows the
. elevational relationships between nearby I-76 and the
property.
• Case AYo. WA-96-16 Resolution
Page .2
2. The re-designed billboard must comply with all other
development regulations stated in Section 26-412 of the
Wheat Ridge Code of Laws,
3. The billboard be oriented perpendicular to Interstate 76.
VOTE: YES: Hovland, Junker, Mauro, Thiessen and Walker
No: Howard
ABSTAIN: Echelmeyer
DYSPOSITYON: Variance granted by a vote o8 ~-1, witfla Board
Member HOWARD Voting no® and Board Member
ECHELMEYER abstaining.
ED this 10th day of October, 1996.
OBERT W ER, Chairman Mar L~ Chapla, Secretary
Board of djustment Board o- Adjustment
•