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WV-97-3
The Cify of ` ~]Vheat Ridge Applicant ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 ,__ .Phone (303) 237-6944 Address Owner (~~¢~~Pir ~.• olS~~ivi Address ~Gtrr14 Phone Location of Type o£ action requested (check one or more of the actions listed below which pertain to your request.) d Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final [] ** See attached procedural guide £or specific requirements. led request Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ® Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. S PHONE I-8o~~ 36l - fs,__~ ExT'.~~SG I certify that the information and exhibits herewith submitted are true and correct to-the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this ac~ic~n on his~en alf . ~~ ~ ~~ / ~ Signature of Applicant -yU/LU/!. '^'~ " ~" "` """ '--`" Subscribed and sworn to me this ,3'~`Lday of C~~tobe., 19 g~ D SEAL Received ~p ~/6 ' ~l-F Receipt ,No. My commission expires App. in, f4~l9 Case No. VW ~ s i ~~ ~ (~ \ V b, ~___--- rr, -q~ - 3 RECEPTION NO. F0227I15 30.85 -_212_ RECORDED IN JEFFERSON COUNTY, COLORADO WARRANTY DEED THIS DEED, Made on April 25, 1996 ~COp Lawrence H. Schmit and Maria Schmit of the Coumy of Jefferson and State of Colorado grantor, and Chester L. Holstein whose legal addttss is 3995 Easley Road PG: 0001-002 Golden, CO 80403 of the Coumy of Jefferson ~ and State of Colorado > grantee: WITNFSSETH, That the grantor for and in wnsidemGon of the sum of ($198 , 50 0 .0 0 ) One hundred ninety eight thousand five hundred dollars and no cents DOLLARS, the receipt and sutyiaenry of which is hettby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and wntitm, unto the grantee, his heirs and assigns fottvey ail the real property togethu with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado described as follows: See attached legal (Continued) (~ _ ~~ L t - _~"~" :. as known byatreetaadnumberas: 10911-10917 W. 44th Pl. ' Wheatridge, CO 80033 TOGETHER with all and singular the hereditaments and apputtenancea themto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issue and profits thereef, and all the estate, right, title, interest, claim and demand whafsoevu of the gcainor, either in law or equity, of, in and to the above bargained premises, with rite hecuiitaments and appurtuances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns fottvu. Md the grantor, for himself, his heirs, and personal ttpttsentatives, does covemnt, gram, bargain, and agree m and with the grantee, his heirs and assigns, tlut at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, mtt, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawflrl authority m grant, bargain, sell and convey the same in mamer and form as aforesaid, and that the acme are free and clear fmm all Cotmu and other gnnfs, bargains, ~aala, liens, taxes, assessments, encumbrances and restrictions of whatever kind or namtt soever, except taxes for the current year and. subsequent years, and except easements, restrictions, reservations, rights of way and covenants of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the abovo-bargained premises in the quid and peaceable pouasion oC the grantee, Itis heirs and assigns, against all and every person or persons law[blly claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use oC any gender shall be applicable to all gendem. IN WfCNESS WHEREOF, the grantor has executed this deed on the date sd toah above. JLawrence H. SChmi'~~~ ~yL„ (/ ~~Mari Schmit STATE OF Colorado coumyof Arapahoe aa. The foregoing instrument was acknowledged before me this by Lawrence H. Schmit and Maria Schmit Mycommissioaexpires October 4, 1999 25th day of Witness my A. Vizzi No. 7l2A. Rw. 7.84 Warranty Deed(For Photagraphie Record) - r~/ `~~~'~pTARY ~~ a ~- s pus~~c ~ .,~ April %'/,SG~...d4.•9 `~ it 14:09 - __ __, _ , -_ -- 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge October 20, 1997 The Wheat Ridge Department of Community Development has received a request for anoroval of a Planned Commercial DevelopJirent final develgpmentplan and plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 7, 1997. No response from you by this date will constitute no objections or concems regazding this proposal. CASE NO: WV-97-3/Holstein LOCATION: 11091 W. 44th Place REQUESTED ACTION: Approval of a r.o.w. vacation for W. 44th Place & r.o.w. dedication for W. 45th Place.. PURPOSE: To reflect actual street locations. APPROXIMATE AREA: N/A 1. Are public facilities or services provided by your agency adequate to serve this development? YES_ NO If "NO", please explain below. 2. Are service lines available to the development? YES_ NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES_ NO_ If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO . If "NO", please explain below. 5. Are there any concems or problems you agency has identified which would or should affect approval of this request? Please reply to: Meredith Reckert Department of Planning & Development DISTRIBUTION: X Water District (Valley) X Sanitation District (Westriedge) X Fire District (Arvada) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife X X "The Carnation. City" TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners Denver Water Boazd WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Pazk & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division 7500 West 29t1a Aeenue Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 October 20, 1997 o c'r ~ ~ Foss Ridge I---------------I The \~rheat Ridge Department of Community Development has received a reyucst for anoroval of a Planned Commercial __ Development fin31 develupment plan and plat at the property described below, four response to the following questions and any comments on this proposal would be appreciated by November 7, 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE- NO: WV-97-3/l-lolstein LOCATION: 11091 W. 44th Place RL-QUESTED ACTION: Approval of a r.o.w. vacation for W. 44th Placa & r.o.w. dedication for W. 45th Plxce. PURPOSE: l'o reflect actual strert locations APPROXIMATE AREA: N'A 1. Are public facilities or set'vici~s provided by }'our agency adequate to scree this development? YES X NO___. [f "NO", please explain below. 2. _ _ Are scn'ice lines available to the development? - _ YES X_ NO_,.____. If "NO", please explain below, 3. Do you have adequate capacities to service the development? YES Y NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YF.S. _ y_ NO____ N "NO". please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of [his reyucst? N ~ Please reply to: Meredith Reckurt _ Department of Punning & Development DISTRIBliTION: X X Water District (Valle}) ' X Sanitation District (Wesu'iedge) X Fire District (Arvada) Adjacent Cit; X Public Service Co. X US West Communicatiuua State Lane Use Commission X State Geological Survey Colorado Dept Of Transportation Colm'adit Div. Of l>v'ildlil'e "The C'zn )tatinrt i in'" Tire City of Wheat 1'CI of Colorado Jeffco Ncalth Department Jctfco Schools Jeflco Commissioners Denver Water Board WHEAT RIDGE Post Offee WHE.4'f RIDGE Police Department N'I{EAT RIDGE Public Works Dept. W'HE,4T RIDGE Park S Rec Commission WHEAT RIDGE 1=urestry Division \VI1E:4'T RIDGE Building Division ~.`>,. L N `a75 14e:t 26s~ Av~rnua Lals e;x~ond, Cclnradu itU~31~ PH 0.~~: 3-1171 R~X 3D3-.'~5:...S1Cd April 25, 1997. Chuck Braden Public Works Department City of Wheat Ridge 7560-West 32nd Avenue Wheat Ridge, Colorado 80033 RE: Chester Holstein property; 10911-10917 West 44th Place Wheat Ridge, Colorado. Dear Chuck: Per our meeting in your office on February 20, 1997 with Bill Powell, Chester Holstein and myself, I have prepared a revised survey on Mr. Holstein's property. The survey is revised to the extent that I have prepared two legal descriptions which I believe will correct the right-of-way problems between the City and Mr. Holstein on West 44th and West 45th Place once executed. The adjacent owner to the West, Mr. Richard Schroeder was not interested in participating in this exercise, according to Mr. Powell. This may leave some right-of-way revisions on the East side of Mr. Holstein's property with regard to a previous street vacation, but it is my recollection that the City would look at that area to_see how it wants that to look in its final configuration. Should you have any questions, please call. Sincerely, Kurt 0. Linn, Jr. cc: Chester Holstein. PROJECT: DESCRIPTION: FILE: Untitled UNITS: U.S. SURVEY FOOT a Tuesday, April 29-,1997- 2:27 PM PAGE 1 INSTRUMENT SETUP Instrument point: 1 17943.6290 27226.23 45 center sec. 21 Backlight point: 1 17943.6290 27226.23 45 center sec. 21 Backlight Bearing: N 00°00'00.0" E Distance: 0.0000 Remarks: sec cor TYPE FROM TO DIRECTION D ISTANCE NORTHING EASTING TRAV 1 2 ~~ N 00°00 00.0 E 1 182.6300 14126.2590 27226.2345 TRP_V 2 3 N 89°45'25.0" W 139.0000 19126..8487 27087.2358 INSTRUMENT SETUP Instrument point: 3 19126.8487 27087.23 58 Backlight point: 2 19126.2590 27226.23 45 Backlight Bearing: S 89°45'25.0" E Distance: 139.0000 Remarks: tpob TYPE FROM TO _ DIRECTION D ISTANCE NORTHING EASTING TRAV 3 4 N 89°45'25.0" W 240.0000 19127.8668 26847.2379 TRAV 4 5 S 00°00'00.0" W 117.5000 19010.3668 26847.2379 TRAV 5 6 S 89°45'25.0" E 240.0000 19009.3487 27087.2358 TRAV 6 7 N 00°00'00.0" E 117.5000 19126.8487 27087.2358 Closure Closing line: N 00°00'00.0" E 0.0000 from 7 to 3 Latitude N)): 0 .0000 Perimeter: 715.0000 Departure ~E): 0 .0000 Error of Closure: 1:7150000000 Area: 28199.7463 Square feet 0.6474 Acres Area and Perimeter have been reset.. k VALLEY WATER DISTRYCT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 130034 TELEPHONE 424-9661 FAX 424-0828 November 6, 1997 Meredith Reckert City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80214 Dear Meredith: In reference.to Case No. WV-97-3/Holstein at 11041 W. 44th Place, Valley Water District has reviewed the request and has the following concerns. The vacation for W. 44th Place must not effect our water main line that is in place at the north edge along the current W. 44th Place asphalt street. We would need enough room for maintenance of the line should a water main break occur. I have attached a drawing of the water lines in the area. Please review and assure that there is not a problem. If you have any questions please give me a call at 424-9661. S i/ync~e~re~l'"y, Robert Arnold Manager cc: Howard Burger, Engineer 7500 West 29th Avenue The City of Wheai Ridge, Colorado 80033 WlZeat Telephone 303/ 237-6944 Rldge, October 20, 1997 ` ~l yFp OAT ,~ ~, The Wheat Ridge Deparhnent of Community Development has received a request for approval of a Planned Commercial Development final development plan and plat ai the property described below. Your response.to the fo]lowing questions and any comments on this proposal would be appreciated by November 7 1997. No response frdm you by this date wilt constitute no objections or concems regarding this proposal. CASE NO: WV-97-3/Holstein LOCATION: 11091 W. 44t1t Place REQUESTED ACTION: Approval of a r.o.w. vacation for W. 44th Place & r.o.w. dedication for W. 45th Place.. PURPOSE: To reflect actual street locations. APPROXIMATE AREA: N/A I. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. N/A 2. Are service lines available.to.thedevelppment? ----- YES NO if"NO", please explain below. N/A 3. Do you have adequate capacities to service the development? YES NO If"NO",please explain below. N/A - 4--C-an-aed-will-your-ab ncy3ea'+ce-this-proposed-development-subject-to-your-rulesand~regulations? _.-~ ~~_ ~__~_ YES_ NO_ [f "NO", please explain below. N/A 5. Are there any concerns or problems you agency has identified whidt would or should affect approval of this request? Valleg,has a waster main along the north edge of W. 44th Pl. (currently asphalt street) and has PI~asFR~,4'y~? that r~'s"i41~I~~~rt~y effect our ability to service-the water line. See att. letter. Department of Planning K Development DIS TRIBUTION: - X TCI of Colorado X, Water District (Valley) Jeffco Health Department X Sanitation District (Westriedge) Jcffco Schools X Fire District {Arvada) Jeffco Commissioners _ ... -- - -Adjacent City --------------A-~-- . Denver Water Board ------ X Public Service Co. \\rHEAI' R[DGE Post Office X US West Communications 14'HL-AT RIDGE Police Department State Lane Use Commission X \\'HEAT RIDGE Public Works Dept. ' State Geological Survey WHL'A"f RIDGE Park & Rec Commission Colorado Dept. Of Transportation ~ WHEAT RIDGE Forestry Iivision Colorado Div. Ot' Wildlife \UIiEAT RIDGE Building Division "The C"crntcrriur2 (.~ir?'' * ~ • -_~~Nt~_ a cod ~_ /a~oi~ u. c•.:pyo4~Jd'i'.7 .~..rs•^:?~ ~~~ ~~ x = - =m/ _o ~; o~ a~ > ~ _~ ~ a K, ~ -m m I`r _ CO ~ I c0 a~ !- = I {~ N ~ ~~ > a ( ~ I " I ~ - ~ "w ~ I n: :~ _ ~ d ~D ~ o `m ~.~ ~ ' I 3 = i~ t cn - ~Zj E x r- f .~ m I i f pia ~~o ~~ ~~ G al ~ f.., ~: 3~ OS~ r ~ ~. d i~C_88.51~.._. -~ i in ~ d ~ ( I ~ + ~ i ' v ~ o o a ~:~ i ~ •;2 w J a ~ v Q. n o o~ ~ .V ~ ~ =..m a x ~...I :' ~ ~ Li d - e ~ 4 ft mo } ~ I = V I H ' ~ - 3 i `~ - i ~ ~ n ' J ~- 4 -ate j I ~, .~ ~ -Ob ~~° i~~ ~- w ~' ~? d OI a 3 _ ~ ' - N ~ ~ Nm ~'SI 3 W x .~ N ' X ~ = ~ ~ ~ N ~ • N ' ~..--~ ~ d ra „ ez . O N Y ~' --t a __ MEMORANDUM Approved Date The Public Works Department has reviewed the Planning Department referral dated October 20, 1997 for the above referenced site, and does not have any comments at this time. TO: Meredith Reckert, Senior Planner FROM: Greg Knudson, Development Review DATE: October 20, 1997 SIIBJ: 11091 West 44t° Place, WV-97-3/Holstein cc: Bob G-oebel, Public Works Director Alan White, Planning & Development Director Steve Nguyen, Traffic Engineer _ John McGuire, City Surveyor File ® Public Service® November 4, 1997 Public Service Company o} Colorado 55015th Street, SLde 700 Denver, CO 80202-4256 FAX (303) 571-7877 City of Wheat Ridge 7500 West 29'h Ave. Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Vacation of W. 44th Place Public Service Compahy of Colorado (PSCo) has reviewed the request for vacation of"right-of- way for W. 44'h Place. PSCo has existing gas and electric distribution facilities within 44~' Place. Please reserve a utility easement over the proposed area to be vacated. If you have any questions about this referral response, please contact me at 571-7735. Thank You, ~~.~' 2~~ Teresa Wilson Right-of-Way Processor NMD: Single-family ~# ~~ NOTICB OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Planning Commission on November 20, 1997, at 7:30 p.m., 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: 1, C'aaP No. WV-97-4: An application by Russ and Jan Anderson to initiate vacation of an existing right-of-way, Marshall-Street, to be divided by the adjacent land owners, and for approval of a 50' rear yard setback variance and a 32' separation variance.. Said right-of-way is legally described as follows: A strip of land 40 feet in width lying in the southwest one- quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west line (aka Course No. 3 and Corse No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmno T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east line of. Block 10, said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 40 fdot strip contains 13,170 square feet (0.302 acres), more or less. 2, (~aRp Nn WV-97-3: An.application by Chester L. Holstein fo approval of a right-of-way vacation for a portion of W. 4h Place located adjacent_to property addressed as 10911-10917 W. ~th Place. Said right-of-way is legally described as follows: A tract of land in the SE 1/4 of the NW 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: - ,~ r ~~ {~ Commencing at the Southeast corner of said NW 1/4 of Section 21; thence N00°00'00"E on an assumed bearing along the East line said NW 1/4 a distance of 1182.63 feet; thence N89°45'25"W a distance _ of 139.00 feet to a point; thence S00°00'00"W parallel with the East line said NW 1/4 a distance of 88.39 feet to the True Point of Beginning; thence continuing S00°00'00"W a distance of 29.11- feet; thence N89°45'5"W a distance of 240.00 feet; thence N00°00'00"E a distance of 28.09 feet; thence N90°00'00"E a distance of _240.00 feet to the True Point of Beginning, containing 6789 square feet, more or less, County of Jefferson, State of Colorado. 3, race Nn. WZ-97-~4_: An application by Louis J. Ficco for approval of a Planned Commercial Development final development plan and plat. Said .property is located at 6225 W_ 48th Avenue and is legally described as follows: THAT PART OF THE SOUTH HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 13,.TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. LYING EAST OF THE EASTERLY LINE OF LAVETA,AVENUE AND SOUTH AND EAST OF THE SOUTHERLY LINE OF BLOCK 19, BERKELEY HEIGHT SECOND FILING, EXCEPT BLOCKS 12, 16, 17, AND A TEN ACRE TRACT HERETOFORE CONVEYED TO BELLE BUSH BY DEED IN BOOK 117 AT PAGE 479, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 13, 786.4 FEET WEST OF THE SOUTH QUARTER CORNER OF SAID SECTION 13.; THENCE NORTH 650.5 FEET;-THENCE 5.53°47'W, 123.75 FEET; THENCE N.89°13'W, 104 FEET; THENCE 5.45°38'W.,_140.3 FEET; THENCE S.30°03'W., 90.3 FEET; THENCE S.09°28'E., 109.6 FEET; THENCE 5.15°51'E., 38 FEET; THENCE EAST 185 FEET; THENCE SOUTH 259 FEET TO THE SOUTH LINE OF SAID SECTION 13; THENCE EAST ALONG SAID SECTION LINE 136 FEET TO THE POINT OF BEGINNING, EXCEPT ANY PORTION LYING WITHIN WEST 48TH AVENUE, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO. la _ Jen ife Roche, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 31, 1997 Wheat Ridge Transcript ;. 7500 West 29th Avenue The City of __ _ _ ~! _ Wheat Ridge, Colorado wheat Telephone 303/ 237-6944 Ridge November 5, 1997 This is to inform you that Case No .WV-97-3 which is a request for approval of a right-of-wav vacation for a portion of W. 44th Place adjacent to property located at 10911-10917 W. 44th Place will be heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M.. on November 20 , 1997. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PLANNING COMMISSION. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. Itshall be the applicant's responsibility to notify any other persons whose pzesence is desired at this meeting. If you have any questions or desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" ~- r ..0 n~ m 0 .~ G r9 m a O PS FORM 3800 US Postal Service Receipt fOY a Certified Mail o ~ f _ - - f a. RETURN nd .Print your name and atltlress on the reverse of this form so that we can 2tum this RECEIPT tvyo . • _ttach~6isSorm to the front of the mailpiece or on the back if space tlces not permit. SERVICE ca" - - T0.-. m.e vee ~.., ve.,,w ..nn ~hnu, m whom tna article was deliveretl and the tlate tlelivered. ~~: -_ 2233 ~Yl.iacxs 5'i' ~_ 5: Received By: PS FORM 380C__ . ...___. _ Li.-S~ig/nature: ~l'SF"OR 381' p_ T ~ ° ~/i~l PS 6.: (Addressee or Agent) P 966 013 814 46. Service Type CERTIFIED 7. Date of Deliverty ~~' f J 8. Addressee's Address (ONLY if requested and fee paid.) -- `PSFORta3811, Janlf 1996 Domestic Return Receipt t° ., or o r- ~; w, a _ O J .~- ~yt W~l OQIf_ _- aZ! _ g~~ ~~I col N=I W~~ QWI a~ I also wish to receive the awing_ser~ices-(LoLan extra. 1. ^ Addressee's Address 2 Q Restricted Deliverv 46. Service Type CERTIFIED tSENDER: I also wish to receive the i RETURN i .complete aema t andror z for aadironai services. following services (for an extra fee): I RECEIPT • Pdnt your name antl adtlress on the reverse of thls farm so that we can return this raN ~ p Addressee's Address to you. SERVICE »,.h rn;a roan m the front of the mailDiere, or on the back it space does rrat permit. 2. ^ RBStrlCted DeIlVery S _ xlieturn Receipt_~ill show to whom the arPele was a SENT TO'.-- ~ -S. Article Addressed Eo: 0 ]^.~": _, _--}6'3~-'l iT.'34tir Plavc~ .n a- a I -_ -~ POSTAGE RETURN sHOW tt ?DATE PNp RESTRICTED ~ ` RECEIPT AODRES2 _LIVERV OELIVERy e ~ SERVICE CEWIFIED FEE +RETURN RECEIPT ` ( + TOTAL PoSTAGE AND FEES__ ~ SENT TO: INOT FOR INTERNNTIONCL MgIL ~ ~4~ ~ . ~~ ~ ~'I(3BTE. C~3 BS'f~63 P' a"[ oz F~ aw ¢~ xO W~ d a t=- PS FORM 3800 US Postal Service Receipt for Certified Mail o a __ E __. __... ~ ,-..___. _..____.____ _~___-_.._ ..__ v I . _ _ , ~.~~ ~ - -_ - __ __ ~ ~ .__ _ _ 1_ ~D vi m a 0 U" 0. O W n O >NI LL ~ oa WTI a ~~~ awl v, ~~I U_F YOI ~s w~ ar~ ~ __ PS FORM 3800 US Postal Service Receipt for = ~ Certified Mail o I 4 ~- Q' .a m a 0 ..o v- a I SENDER: I also wish to receive the RETURN • Complete items 1 and/or 2 far adtlltpnal services ~ fOIOWIng SefVIGeS (for an extra feel: I RECEIPT -°• Pnl3urrfame attd-atldrast on the reverse of the form so that we can return this card ~ ~ Addre55ee's Address SERVICE tp YPu - - __ __ _ __ - __ __ - ,_ • Attach this form to the front of the mailpece, or on the back if space does not iiermtl 2 ^ Restricted Delivery SENT TO: ~ ~t"~turn eR~11s~r amt earbc~del~~dt>~rr!<ellve~ed ~f pof sfmaster for fee. -- - ~FdrTressed fo:- 4a. Article Number ~~ ~ -~_°- ,~} 7 lr P 966 013 819 i1P.d24"€~w t _. ~ X~3T1.'6TCiL's C~ 9'T ~-~ 33? PS FORM _ /~ Name) or Agent) it requested and fee paid.) PS FORM 1 Jan~uAp~}3Bfr~'.. - -~ ~ ~ - - ~ /DOmesttc Return Receipt / POSTtA~ DATE ~ ~~~ - m - -:' ... _ ... R i ao. service type .,., ~ CERTIFIED /<~uate or uenvery O ru w m a 0 .~ a r I w a o fi >ynC w¢~ LL O oa o~~ a~f w ~~ YLL V~~ h NCI W~~ nF PS FORM 3800 US Postal Service Receipt for RETURN ~ AflK OA GATE '~ iD WNDM DATE AND/ ~SIVEIgYED ~ RECEIPT ADOPESS OF'DELIbERY SERVICE CERTIFIED FEErRETURN RECEIPT TOTAL POSTAGE An'0 FEES SENT TO: " INOT"FORINTERNATIONALNAII 5?1? tyt~a SZ' ...... , .... Ci~Zde~ W ~4~3'J3 .. Certified Mall ° P'I n.l m a .n a- a POSTAGE RETURN SHOW To wrionn DATE ANDS oEL RECEIPT ADDRESS GF DELIVERY GERlIFIED FEE ~ RETURN RECEIPT SERVICE - TOTAL PoSTAGE AND FEES POSTMARK OR DATE ° " -/ _, _. a - -~ 9 0 ... .. _ n .. i ~"Y+d4 i~OI.~L ~lS ~LL { ~~ C7C+ 8t3~26 ~ o t _...,.. ...... U p l w jZf ari PS FORM 3800 US Postal Service `Receipt for Certified Mail t ._ - - -- ~~-+^ -- ~'~~-' ~'"'"""""""' -- EN Ro -" - - I also wish to receive the i complete Gems i aM/or z for atltllticnal services. following services (for an extra fee): i I RETURN .print your name and atldress on the reverse of this tam so that we tan return this cartl t. ^ Addressee's Address RECEIPT to you. ~ Attach [his form to [he front of the mailpiece, or on the back tf space tlpes not permit, 2. ^ RestdCfed DeIVery SERVICE __ -~ .. Tne adtnrn Receipt wm arrow ro venom me artmle was aervered ara me date aenvered. Consult postmaster for fee. ~ SENT TO - - -- - ~ ' - - "°' _ e -~ `~~ A'rticle Number ~ _ P 966 013 8 _ ~ - ---~'y ~~~ T ra ~T ~ ~ ~ Vkr7 ype 4b. Service ~ t_.~ !~' C -fx} ,`3DI34 ~ CERTIFIED .n .n ~-. - - - 7. Date of Delivery _-- ~~ Name) ~ BY ( 5. Received .Addressee's Address --- ~ = ln= =NLY it requested and fee paid.) PS FORPv - - - - - - - - - - - - - ~p 5.. 'Addressee r Age t 1 t I ~. 1 Q• I ~_~ • __ - : -,_-~_- ....-.,-: _~ .,:tea :: •:tt: hri actir.RaturnReceiot ~_~ ~ - CITY OF WE3EAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: November 20,1997 DATE PREPARED: November 14,1997 CASE NO. & NAME: W V-97-3/Holstein CASE MANAGER:v~Ieredith Reckert ACTION REQUESTED: An application by Chester L. Holstein for approval' of aright-of--way vacation. LOCATION OF REQUEST: Adjacent to 10911-17 W. 44th Place NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: N/A Chester Holstein 3995 Easley Rd. Golden, CO 80403 City of W heat Ridge 7500 W.29th Avenue Wheat Ridge, CO 80215 PRESENT ZONING: Residential-Three PRESENT LAND USE: Multi-Family SURROUNDING ZONING: N: Residential-Two;_ ,~:, E:, W: Residential-Three SURROUNDING LAND USE: _ N:, E:,W: Low Density Residential; S: Low Density Residential, Multi-Family DATE PUBLISHED: DATE POSTED: October 31, 1997 November 6,1997 DATED LEGAL NOTICES SENT: November 5,1997 RELATED CORRESPONDENCE: (XX) ONONE ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) , EXHIBITS Q SUBDIVISION REGULATIONS () OTHER JURISDICTION: __ 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. a The applicant requests approval of aright-of--way vacation for a portion of West 44th Place as it runs in front of the property located at 10911-17 West 44th Place. The property currently has a four-unit apartment building on the east side which was built in 1955. Once the vacation and dedication occur, the applicant intends on subdividing off the eastern portion which is vacant to create a separate buildable lot. According to the information provided from the owner's surveyor and substantiated by the city surveyor, the actual r-o-w which is being vacated is located in the front yard of the property and does not include any of the physical improvements for West 44th Place. Please refer to Exhibit `A' which is a memorandum regazding the situation from the City Surveyor. In accordance with this "mistake" which range in size from 28.09' at the west end to 29.11' at the east end, a portion of the applicant's deeded property on the north side of the lot falls within the physical improvements for West 45th Avenue. In addition to vacation by the City, the applicant will deed this property containing the street improvements to the City asright-of--way. Exhibits `B' and `C' aze improvement surveys depicting the proposed vacation for 44th Place and the dedication for 45th Avenue. Public improvements along both property frontages is limited to street paving. There is no curb, gutter or sidewalk in either stretch abutting this property . This 30' survey error is prevalent through out this area of Wheat Ridge surrounding the old Fruitdale School (generally 44th Avenue to 46th Avenue from Parfet to Moore). Staff has neither the resources nor the authorization of City Council to con•ect this problem. Therefore, it is being addressed on a case-by-case basis initiated by individual property owners. The applicant in this situation believes it was a problem caused by the City and is, therefore, asking for a refund of his $100 filing fee. Please see his correspondence included under Exhibit `D'. Realistically, the problem was created in the late 1800's and was exacerbated through subsequent surveys and land transactions. II. AGENCY REFERRALS All responding utility agencies have no problem with the vacation as long anon-exclusive utility easement is maintained over the entire pazcel to be deeded to the owner. Public Works supports the request. III. CRITERIA FOR REVIEW Before a street right-of--way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without an established public road connecting said land with another established public road. None of the physical attributes of the property will change. The lot will still have access to a public street (44th Place). 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. One of the goals of the City of Wheat Ridge Public Works Department is to have all public streets within properly dedicated rights-of--way. For this reason, Staff concludes that the proposed vacation and dedication would be in conformance with goals and policies of the City. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The entire 29' being vacated will be encumbered with anon-exclusive utility easement which will mean that no permanent structures can be built within this area. Staff would note that since this area is within the minimum frontyard setback, no encroachments would be allowed. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. Because of the non-exclusive easement being reserved, if there are existing utilities within the portions being vacated, any utility companies would be allowed access for use and maintenance. IV. STAFF CONCLUSION AND RECOMMENDATION Staff concludes that aright-of--way vacation and corresponding dedication need to occur to correct the survey problems started in the 1800's and to allow public street improvements to be located within officially dedicated right-of--way. Since the criteria used to evaluate a vacation request support the request, a recommendation of approval is given with the following conditions: 1. The applicant dedicate land on the north side of the properly to the City as right- of-way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the vacated portion. VI. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-97-3, a request for approval of aright-of--way vacation for property located adjacent to 10911-10917 West 44th Place, be APPROVED for the following reasons: 1. The vacation is needed to correct a survey problem started in the late 1800's. 2. It will allow street improvements to be located within officially dedicated right- of-way. 3. The evaluation criteria support approval of the request. With the following conditions: 1. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated." Option B: "I move that Case No. WV-97-3, a request for approval of aright-of--way vacation for property located adjacent to 10911-10917 West 44th Place, be DENIED for the following reasons: 1. 2. 3." 0 3 QPark 1 H¢~!i-a~ I- I ICY ~. Hz--noi ~nre ~„ ,.,E,,< way ~_ _.=`= ter:. _'= iREA REGiUIRING SITE PLAN hPPROVAL N ~ ~ ONI NG M~1= ®; 100-'(EAR FLOOD PLAIN ~! ''alt-tEt~T R I D6E ~' ' '' W`PPROXIMATE LOGATIOW 00-YEAR FLOOD PLAIN `--- ;APPROXIMATE LOCATION) _ a ~,o, ~„ .oo D --ZONE DISTRICT BOU`IDRY LONE DISTRICT BOUNDRY SGnt.E I•sgpp OLOI\~DO -PARCEL/LOT BCXR4DRY ~ARGEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) (DESIGNATES OWNERSHIP) ADOPTED 3.ne 15. 1994 - _ _ _ ~„~T~ FEATURE st Revision: September 19, 1996 I„IA~ ~~~ DENOTES MULTIPLE ADORES DENOTES FA~TIPLE ADDRESSES h if OF Fl1JNlG IJaD DEYHARffJtf - ~r2851 . i 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 November 12, 1997 Meredith Reckert Senior Planner Re: Holstien Vacation Meredith, cxr~~~~~ ~fte City of ~Theat Ridge .~ In answer to your question as to what caused the need for the property shift initiated by Mr. Holstien at 44~` place and Parfet street, the problem was created through different interpretations of the position of 44`" Avenue as far back as the turn of the century. 44'" Avenue, formally known as "Golden Road", was a territorial road. The problem seems to have been locating where the north edge of the road actually is. Jacob Brown and James Lewis conveyed a large parcel to the then School district No. 32 in 1883 which is the Fruitdale School. We believe this description was approximately 30 feet off. Apparently there were subsequent conveyances that perpetuated the problem throughout this quarter section, most of which are around the School property. When Fruitdale Patio Homes was platted and tied to the section corners, the right of way for 45'" avenue jogged 32 feet at what was Owens street. Mr. Holstien's property is directly adjacent to this subdivision. This shift will correct the legal description of his property. I hope this will help clarify the need for this action. Sincerely, John McGuire City Surveyor n (303) 234.5900 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 ~ ~t~Hi e/T ` p' ~[~C~[~q~f~ OL f 3 1 tr97 ~ `-~~~t~ ~ ~ ~ ~~~ ~ ~ ~ ~~ ~~~ ~..~ ~ ~_ ~ S9 S"~ ~~y ~~~ ~~ X03 ~~. .~ ~ ~ w~ ~ ~~~9 ~ ~ o a o0 ~ ~ ,~ ~ ~ o~ {~ G1%J"e ~ a ! ~ y G ~~ a~ ~ o •° ` ~6'~Ce~ir Ccr~~ ~ iZc~lce ~ac,~r _ ~ ~~~ ~ .~ ~~~ f~a~` 9 ~-. ,~~~ ~°'"1 goo °° ~"~ ~~ ~~ ~ ~ ~ w~~ ~ ~ ~ f `~ ~°'~7~ P~ ~.~ ~~ w ~ ~ ~ ~.-- ~~ ~ 0-97 09: O Linn Inc stECEr'TtON NO. o3tL3555 pECnRDF.D TN COURT' oF -'tFFEa~nN SNTRODUCED T1Y COt, Council Bill No.' i4 Sei S r•f li.,.~<i ~;t:~+o ~. Cnlnr'4D0 •, •1°,i93 9tt5 NCIl. t-0FN.RFH CASCt: E:[I:,LRirS ORDINANCF~: NO, 933 of i9<?a TITLE: flETWEFNyWEST 44THTPLACfhA`~UITWESTR4trTIi0AVf0'.NUFO'.WWTTHTNRTHE CITY L)F WfiE/AT RIDGE, CL';tNi'Y OF' .JEFFERSON, STATE OF ~ ~ ^] COLORADO. \CA5i1 NO. WV-73-101 p'+ MFIF.RF.AS, a port inn of oaicl do<tlcatir~n rfrtht-ot-way for Owens Sttoet batwoon Wnzt 44th Placo rnrl Wn3t h'ath Avenue in unneeded for public rondwny purpoSC•n; and WHF:RGAS, zaid part Of said Owens Strcrt lino within the City of Wheat R1dgr~, County of anttnrson, Sing of Colozada, and is not n<'r•dnd by the Clty [nr ru.uiway or rinht-of-way putpo~aor,• AE IT OROAi NfD flY TRF. CtTY CC[IlVCIL OF 71tI-: CITY OF WIiEAT RID: F, CCI.ORA00, THAT: Section 1. Thn following portion of Owr•nn Strnot, a dedicated at rent within thw City o[ Whnrrt Ridge, County of ,Tef foreon, State of Cnloe~rdo 1't hrroby vacntrrt, to wit: /+ pnrcni oC land nltuntnri in the Southnnra I!4 of the Northwest 1~4 Of Srctlon 21, T.:wn~:hlp 3 Srnrth, Nanr_;r 69 Wnnt n[ thCt 6th Principal N,erldinn, City of Wheat Ridgr, County of .lefCerson, Stain of Coiacad0, dr~!:rriborl n .: Commnncing at the Southeast c;nrner oC •cnid Southeast L/4 thence; N(1°1R'35"W along the F.nst lino of sold ..".outhna,t 114 n dintance of 17.11..31 fret; thence SR9°41'25"W a d:stnnce of 99 font to the Trua Point o1 Pngtnninq, thence: FO°IR'3`i"i. a distancr+ of TT feet thnnrn; SR9o41'25"W a distmrcn o[ 40 frrt i.hencn: ND°lFi'35"W a Lii Rt once of '!7 font thonce; NE15°41d'~arcel ~ont mains 30fl0,-^•quarrto tt+n Trun Point of Bnginning. fr+nt morn nr ins!s. not itnnf~rt /OS 4U )itoot hnrrbyi vacRtr lm rot hr re3ervrd Ovrr the Sr+ctlon 3. Upon the vacation »ccompliahod hereby, title to43h?- UJ.ntorthe nd3ac•nnthprop~rtyrownnrnpc,lareorrif C.R.S. 1973, S.rCtlon 4. 5afotY C161J'S0. Thn City Council hrrnby fled,, dntrrminrs, and doalarA~ that this ordtnanC-n lq promulgated under rite gnnrrni pr+licn power o[ rho City~o~ we[rifnrCriof„tt+ehpublicirr promulgated for the health, aalnty, »nd that this ordinance In nncrsneu y for the ubilcrc•onventrnce hnnlth and s•+fety .md for the prntrrtton of p ~~~ 4D P.02 ~,. F+ 10-97 1O:00R Kurt O Linn In z37 8104 Ordinanco No. 939_ Yaga 2 series of 1993 _ -- end welfAro. The City Council ftirthPr rlotermines that the ordinance bPArs a rational rolatiu~n to the prr,per tr•gislative ab,~E•ct 'rou<, at to t,o attained. i•~etton 5. Severability, If any clan^~, e;entence, paragraph, or past: of this ordinance or the~applicat!rm thereof to any person ar circumatnncoA shalt for any reason br arl,udg~d 6y a court of eomp~tt•n'. ,jurisdiction invalid, ,uch jurirmr+nt shall not aC[rtct, impnir r+r invniidatc tho remaintl,~r n[ this: otdinnn•-~ or It^. epptieatton to other persons or cirr.umst.•~~•~s. Set:Cfon ri. Thte OYdinancr• sha12 tokr• r•f 1 oct 1', rLsyg of tnr final pvhTlcnt!on. 1hTRODUC!{D, READ, AND ADOPTED on f3r:;t tr,,ding by ~ vote oC g to 0_ nn this 9th day_of Ac,:u,! 19n3, nrdnrr+d publiehod in f+~11 in a newspaper of grnaarat circulation in the Cfty of Whent Ridge and Public Nenrinry Ar,d con~irinration on final paanage eat for $c1+t,i~mFcr I~ 1993, et. 7:30 o'clock p.m., in the Coun~fl Chembortt, 7500 West 29th Adenue, Whrnt Ridg.+, Colorado. RE.td, ADOPTED AND ORD£RFD PUBLIStt£D on Aecond and final rending by a vote of _8 to _0 _, thin ,13Lh.. c3aY of ;rptember_,.,._.. 1993. SYCtNEtf by the Mnynr on this _14ih ri.iy of $ept!`marr 19v3. ~ :, ~ ' '~. `+ -~ ~ f~ Mende sang, City Clark •„ T' , i ~ , ftA{'~W1NGh:R,~htgy R AYPRUVED AS TO FORM RY CITY ATTORNEY t... KATiiHV.Y SCNROE01•.R, tat Pub2lcetion: Au Runt 17. l99'! 2nd Publication: Seytrmber 21, 1993 Whaet Ridge Snntinel Ef[netive Dntw: Oetohe•r 6, 1993 J, (;ITY ATTORN£1' .03 ~'t''t { ~~:, .. <pC:+ordw93 2 0 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-97-.~ LOCATION: Adjacent to 10911-17 W. 44th Place. APPLICANT(S) NAME: Chester L. Holstein OWNER(S) NAME: Same REQUEST: Approval for approval of aright-of--way vacation. APPROXIMATE AREA: n/a WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner CERVENY, seconded by Commissioner SNOW, that Case No. WV-97-3, a request for approval by Chester L. Holstein for approval of aright-of--way vacation for a portion of W. 44th Place located adjacent to property addressed as 10911-10917 W. 44th, be Approved for the following reasons: 1. All Posting and notification requirements have been met, 2. The vacation is needed to correct a survey problem started in the late' 1800's, 3. It will allow street improvements to be located within officially dedicated right-of--way, 4. The evaluation criteria supports approval of the request, 5. It allows the applicant to have a clear title that is not clouded. with the following conditions: The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated, Refund of $100 filing fee." VOTE: YES:7 NO: 0 ABSTAIN: I, Jenifer Roche, Assistant Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by an 7-0 vote, of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 20 day of November, 1997. ~-- . ~ ~ \ ,. Harry Will}~ms, Chairperson ~enlre iegcuq nss~a~a~u ~~~=~~~y WHEAT RIDGE PLANNING COMMISSION WHE T MIDGE PLANNING COMMISSION ~- PUBLIC HEARING SPEAKERS' LIST CASE NO: WV-97-3 DATE:November 20, 1997 REQUEST: An application by Chester L. Holstein for approval of aright-of--way vacation for a portion of W. 44th Place located adjacent to property addressed as 10911-10917 W. 45th place. CITY COUNCIL MINU~: December 22, 1997 ~ Page -3- Motion by Mrs. Worth that Council Bill 52 be approved on first reading, ordered published, public hearing be set for Monday, January 12 ,, 1998, at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Dalbec; carried 7-0. rtem 5. Council Bill 53 - An Ordinance vacating a portion of West ' 44th Place within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to 10911-17 West 44th Place. ., -- {Case `loo:"WV-97=3 ) Council Bill 53 was introduced on first reading by Mrs. Dalbec; title read by the Clerk. Motion by Mrs. Dalbec that Council Bill 53 be approved on first reading, ordered published, public hearing be set for Monday, January 26, 1998, at 7:00 p.m. in City .Council Chambers, Municipal Building, • and if approved on second reading; take effect 15 days after final publication; seconded by Mr. Eafanti; carried 7-0. Ztem 6. Council Bill 54 - An Ordinance vacating a portion of Marshall Street (formerly Illinois Avenue), in the Berkeley Heights Second Filing; within the City of-Wheat Ridge, . County of Jefferson, State of .Colorado. ~ ~" ~" (Case No. WV-97-4) Council Sill 54 was introduced on first reading by Mr. Mancinelli; he also read the title. ~ ~ ~ '° ' Mo-ion by Mr.: Mancinelli that Council Bill 54 be approved on first reading, ordered published, public hearing be set for Monday, January 26, 1998, at .7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; •,seconded by Mr. DiTullio; -carried 7-0 .' ` "~ " --~-=- y"'" . _• :.~ rtem 6. B. Council Bill 55 - An Ordinance amending Section 2-62{b) ' :.and Section 19•=29m of the wheat Ridge Code'. o£ Laws, concerning the Civil Service Commission. - -•• . Council Bill 55 was introduced on first reading by Mr. DiTullio; title read by the Clerk. _~ AGENDA ITEM RECAP QUASI-NDICIAL ~_ - Yes No _ ~ PUBLIC HEARINGS _ CITY ADM. MATTERS _PROCJCEREMONIES _ CITY ATTY. MATTERS _ BIDS/MOTIONS _ LIQUOR HEARINGS INFORMATION ONLY _ PUBLIC COMMENT AGENDA ITEM TITLE: Case No. wf~-97-3/Holstein BUDGETED ITEM SUMMARY/RECOMMENDATION: A request for approval of aright-of--way for a portion of West'44th Place as it runs in front of the property located at 10911-17 West 44th Place. ATTACHMENTS: I) Staff Report 2) 3) RECOMMENDED MOTIONS: AGENDA ITEM Meeting Date -.ELEC. OFFICIALS MATTERS ORDEANCES FOR 1ST READING ORDINANCES FOR 2ND READING RESOLUTIONS 0 Yes No Fund _ DepUAcct # Budgeted Amount $_~ _ Requested Expend.$__ - Requires Transfer/ 0 Supp. Appropriation Yes No Option A: "I move that Council Bill No. a request far approval of aright-of--way vacation for property located adjacent to 1091 I-10917 West 44th Place, be APPROVED for the following reasons: 1. The vacation is needed to correct a survey problem started in the late 1800's. 2. It will allow street improvements to be located within officially dedicated right-of--way. 3. The evaluation criteria support approval of the request. With the following conditions: I. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated." r' 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone 303/ 237-6944 Rldge January 12, 1998 This is to inform you that Case o .WV-97-3 ich is a request for approval of a right-of-way vacation for a portion of West 44th Place adjacent to property located at 10911-10917 W. 44th Place will be heard by theWheat Ridge CITY COUNCIL in the Council Chambers_of the Municipal Complex, 7500 West 29th Avenue at 7:00 P.M., on January 26, 1998. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the CITY COUNCIL. 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 desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" _, ,, -- -- APN Owners operty Atldmsa Phona Na. Maif Atltlre Mail Ciry57a[e - -- Mail Tap . z ~ 39-272-00.0671 CHROEDER RTCHA7S0 A70YARFET ST 505Y279-1491 6717 MCINTYRE ST ~ -- - - - GOLDEN CO 80403 ~ a 39-272-00-062 WARD BEVERLYA ~._-. tO870W 44TH PL 7287 MEADOW VW- _'-`-"""'; PARKER CO 801]4 s - 39.272-00-039 CCOOTCBRLJ3BARB 10966 W4fiTHAVE V 303!521-824.6 ifiO FOREST ST =---__-- - DENVERCO 80220 va ]9-212-00-068 OSETTE JOANA 4444 PARFET ST -- 444S PARFET ST -- LAKEWOOD CO 80226 zo ]9-272-00-043 CCOOK BILLJLBA O Sl A 70]13219248 ', 160E REST ST "~ - -_--- DENVER CO 80220 m w ~ N W ~ r U O, ~o Oc = ~ w o ~ O o m U U F-' O LULI U ~ O Z U ~ ~ U Z ~ a w ~ ^ r j o Lu~f!~~ 7p U i m a~ ~ ~i (7 \~ -~ ~ \\ so p ~ ~F Q ~ ~~ ~ + ~~ ~_- ~~ r 05 / ~ N ~ ~ w Fo ~ ~o d a~ z mw O v Y ~ v g ~ ~ W N ^ a W r ~ V) O = W ~ ~ ~ m I- O ~ Z U Z Q ~ O U r ~ K ~ ~ Copyright ©1996-97 Experian Page: 1 of 1 ~~. ~~ n~ ~_,~ ,~r~ -- -- /~ ~ ~~~ I G I f~L ®AREA REQUIRINE s+_~ ~sN '\REA REQUIRIN6_SITE PVJ1 APPROVAL ~ y ~1 ~ O~I }~ IO T.~1 1~.Q __. - - j,~ I `{ ~ _ I1~~1 -.': 100-'(&°~R FLOCr` °.=4iw - - -- ~`~I IE~T ~ID6~ ~ :~:-. ~PPROXIMATE7~=.~~~ 00-YEAR FLOOD PLAIN ' ~ " 'APPROXIMATE LOCATION) - . „~4~ D -ZONE DISTRICT EGt9~~ LONE DISTRICT BOUNDRY _ ~uE I•~gOp OLOR~DO - PARGEVL07 BJ-8~ mESIGNATES OW'~~' ~ARGEVLOT BOUNDRY - (DESIGNATES OWNERSHIP) P ADOPTED' ~,me I5, 1994 _ _ _ _ ~-~ ~~ - st Revisions September 19, i996 DENOTES NIVLTIP-= ~~` WATER MATURE - - - - - - - DENOTES NAJLTIPLE ADDRESSES ~ of a nlr+r+s n~o vEVaoPrletT - z35a~ _ " v ~ ! i _ -- __ __ _ __ ~ - -y- ~ ___- ~ ~ ~-._~: - ceive the r i - I l - __. ... ,SENDER: t Carnptete items t antl/or z rot atltlitional services. r< e so w . ~ a following services (for an extra fee) _ - _ - ~ q-• Rant your name and atlaress on the reverse of this form so chat we can return this card ~ ^ Addressee S Address r. _ >6yar. --. a ~ • Attach this form to the Gonl of the mailgece, or on the back it space does not permit 2. ^ RBStrlCted Delivery w N ~y, f - - _ _ r ~.. • The Return Receip[ will show to wham the article was deliveretl and the tlate delivered. C.OnSWt pOSYmdSter fnr fee G p -- _,_ - k a Article Addressed to: __,_, - - 4a. Article Number c , p . -~- P 966 013 648 ~ - ~- ---- - ~t~ ~ ¢ -_ - =-- -- - - - _ -- y-gr-~~,--~~ ~_ 9Y'r~e'~Rt€~ct ~t ~ 4b. Service Type w - - - - ' t , , ' Lskguoau, CO SJ2P6 _ '_- ~ CERTIFIED ° ~ " - ___ _ ~ ^- _ ' 7. Date of Delivery = ~ r s 5. Received By: (Print N e) 8. Addressee's Address ~ 5 ~ r~ - (ONLY if requested and fee paid.) . (-- Q l/ ~ - 6. tgnature: (Ad ressee o gent) f.:- - - X ,. - PS FOR ~ 81'1, -January 1 95 - ~ ~ " - ~ - ~ _ _._ _ _ - - -Domestic Refurn Receipt r ' . _ .~ ..~ ._ - J- -- I - -.. - ----- - SENDER: - _- - _ _- --- _ '--"'~ ~~_~ -" - - -. " _ ' - "_ ..- "-,t° I I • Complete Items t antll« 2 f« atltlitional services, _ I also wish to receive the _- . .Print your name otl atltlress a, the reverse of finis f«m so mat we can return this ' to Ycu cab fallowing services (for an extra fee): _ r . ' ~ ~ ^ 'QddrESSEeS Address p - - - • Attach this form to the front of the mailpiece, or on the back if space aoes not permit. •The R t R 2. ^RBStrlCted DeIlVery ~ n- ~- `- - e urn eceipt will show to whom the artiGe was tleliveretl ana the date tleliveretl. 3 Article Addresse o: Consult postmaster for fee. _ _ >~- _ _ - _ ~ - - R' ~ °'~ ' 'Y' 4a. Article Number w - -_ ~ - - ~1 ;/,,~~ ; ae at P 966 013 647 ° • Y J ~~,3~ " 4b. Service Type ° F ~ _- - - - - - - z ' ~ CERTIFIED ~° _ _ { .: ,r _ -- - 7. Date of Delivery Ri ~ _ _ - _-- -_ r. J 5. cei By: (Print Name) ~ #f ~ wg - - a w °-- 8. Addressee's Address _ _ _ -- a ~ - - - 1C d~ 92lJ ~; SC htlCa-%L.~Jify~ (ONLY i( requestetl and fee paid.) .Signature: (Ad ee or q - z - - ~ / / X t o ` S ~ M 3811, Januar 7996 - - - - -~ -- - Domestic Return Rarafnt ~ - ' er ~w¢ ' --1111 s`~r€6awk r. :~, 966 013 646 I°aZ I60 Forest St. ens v~ °~ DG'GV6re CD ~a224~ ~ ~ `\ e I r- l ~a~ ~~ irrm ,: _. ...;,,r ._ -. ~ SENDER: - - _ -- _ - ----^~---- - - I • Complete hems t arc1,'« 2 f« atltlitbnal s«vices. I also wish t0 receive the L~ ~ - •Pnrn vou, name and adtlress «, the reverse a mis Corm so mat we can return this card following services (for an extra fee): ( o to you. • Attach this form to the front of the mailpiece, or on the back if ~ ~ ^ Addressee's Address ~ I a - space aoes not permit 2. ^ Restricted Delivery I o ~- • The Return Receipt will show to whom the article was tleliveretl antl the tlate tleliveretl, 3. Article Atldressetl, to: COOSUt pO5tma5ter fOr fee. > w ~ - " 4a Article Numb z "' - "- t. AS. OR 11, January, 7986::.. , `--~ •,' • . ; ~ "Domestic Return Receipt ~:~~~ - _ --_~~-"----~--° v ~ ~ ~ 3 ; gE~IDER: - following services (for an extra fee): -~ ,-fie Items t antl/er z for addamnal servbes. 1 ^ Addressee's Address ~f4(>t your name end address °^ fie reverse of this form so that we can return this card t° ~ p, ^_ Restricted Delivery • Attach fFgu Yonn to She iroM of the malPiece, or on the back'rf space does not pennn. - -. The Retum Receipt wnt ahO`u tO YA10m th° ~1c1e "~ derverea and me date deti~eretl. 4a Article Number~stmaster for fee. a rNc1e A ressed to: p 9 6 6 1713 6 4 5 ~~~ ~iigA~.l 46. Service Type ~'~ ~ CERTIFIED 4iheat Rt;lret iG0 1~~33 . ~ ~ 7. Date of D liver n~1 `: .. i. Received ~By: (Print Name) 6. Si pat : (Addressee or Agent) 2 Addressees Address /ONLY if requested and fee paid.) a' a o - 1 N 2W-_ WO-,---- --- LLQ aQ i~=- la~ ~~ VO INx - W ~~9 a~ `-_,.~.,,,~,,,.,A ~ ar,a,art,aPtb6era7earS'er~1 ~- following services (for an extra fee): i Bpi nt your name ant address on the reverse of this form so that we can retum fits card I 1. ^ Addressee's Address b yiw. • Attach [his form [° the front of the mailpiece, or on the back N space does rat permit 2. ^ RBSIrICted De (Very • The Return Receipt will show to whom the snide was tlelivered and [he tlate tlelivered. Consult pOStmaster for fee. - -- - ~_ • ~- ~• . -- - ~ ~ 4a. Article Number 3_Article Addressed to. P 966 013 643 IIals ~ '-`lazy' '~xras2t 1(i9~'l t;. ~S~fgS Place 5. Received By: (Pont ~~l.'r 6. Signature: (A drnst X ~~~ ~"' PS FORM 381 7, Ja rrc=.-s'~- or 4b. Service Type CERTIFIED 7. Date of Delivery Addressee's Address (ONLY i1 requested and tee paid.) ""_' - - - o I SENDER: I I also wish to receroe the _ __ _ W r ~ -- - ----- • late items 1 ant/or 2 for additional servbes. I c~ro ~ following servlces (for an extra fee): - a - ~ •Print your name and address on the reverse of this form so That wa can return this cartl ^ Addressee's Address 1 -- ----- >N to ya,. • Attach this form to the tronl of the mailpiece, or on the back iF space 5lees not permit . 2. ^ ReslrCted DeIVery _ m ~ --- - • The Return Receipt will stow to wham the article was deliveretl and the date tleliveretl. CORSUt pOStmaster for fee. O ~ -_ -- -- 3. Article Addressed to: 4a. Article Number a z - - -. P 966 X13 644 ~_ Axester :~lsta3n aw _ yy{y~~•S} Ees/l~ryay Rd. b{d3.d~n9 44 U`~irtQ~ Service type CERTIFIED Date of Delivery `~' Cry 5. Recelv~e~ y: (Pant {game) 1 ~ )) j , 8. Addressee's Address I / .~11~5 ~ 1' L y ~ l S 1..~ ( ~ (ONLY if requested and fee paid.) 6. Signatur : ress or Agent) X x .o - ~1 PS FORM 3811, Janu y 1996 - - - - DOflleStlC RBYUYt1 R8 , ... ~ , ¢rt - - YW --_- Vp ~ - y ¢._ - ~"-_ vt- ~..-._- -- -- - J1" aFT~_---_ _ _. e ,~ ~~ ~- - _--• z - a 0 r- r` --- -__ _ P 966 013 642 ---- - 1 Tv m Sn ~ ~ n a ~ ~ m t _ _ ~_---_.~_._ _ d _ N A N i z ~ (/1 7J ~ ,. ~ Z 3" i 'n x r8' ~° h' A s~~ O " ~ o ~ @ a -.~ ri f o & 8 n v ry !-~ y s p a ~ R - . -. R. o' § ~ m •3-. ~~1 1 0 3 o i _ _ Pi m y. yu. ~ 3 ~ _. c ~ Z CS Q C E ® T ~ A' ~ ~ N m ~ m -_- CJ tli ~ ~ ~ d a o o ~. m ~ ~ !T S _ ~ N 7V ~ ~ £ _ __ o ~ ~ _ ~ M m a ~ __ F 8 a -_ a Q Q _ a d ~ ~ x g ~o ~ v -" ~ - ~ d ~ a ~ ~ ~ ~ - ~~ ~~ ~ 3 u W V Q N n 3 ~' • ~ Za O m '~ D O ~ _~ ~ Q N 3 c~ ~ ¢ ~,< 70 ~ a y a c. £, j Z7 //i,`''^~. o~ ^m < n II Q' 3 ^ u ~ y O m °. ~ O y ~. m ~ s (D i~ ~ ,~„"°c ~ D m 177 m 0" ~ ~ x7 Da ~ o 7 ay TI !-~ 3my"o C V;r y'n ~ A ~aNa<F. ~ m m D" ~. D? m, ~ .(776 ? 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SS3tlaOtl NF1f1138 d0 1H`JI8 3Nl ..~ ~ Ol 3dOl3AN3 d0 d01 ltl 83NOIlS 3~tl~d _ LLNtllkiOdWl ! ~ o L (Q ~ ~ c Q~ ~G1 ;~ ++ ~ ' ~ °~- i ~ ~ ~ U ~.. ~~ - ~; ~` ~ _. _ \ E U G~ ''~ W M ~ ~~ ~~ ~ Cn O ~ O Y ~o w z ppq N ..D Z ~ ~ ° s w `~ B'3W h . ~ _ a z O C CC N N+ oo ~ w ~~ q iii H ,~ a o~ w ° zo f WI' dl H '~ ~ 6`, as ~ < ~ ~ ~y~ ~ ~~ ~~ ~ q v ~"_ ~,E~ ¢ = v ~' ~ w- ~ z .~ ~ ~w>- i ~ ~ ~ ~ a 'Ih9 E`CO 996 d. ;, - - - - -_ _ __ i-+ ~ w - -- -_- -._ _=__ -------- o ~ ~ ¢ ~ _~_ x ~ ~ O FF -- ~ ~ ~ W O ' s ~~ ~¢ ~~ ~_ .a _ - _~ ~r_~- i .. ~ _ CITY OF WHEAT RIDGE _ __ PLANNING DIVISION STAFF REPORT TG: City Council DATE OF MEETING: January 26, 1998 DATE PREPARED:~,.lJ-~anuary 15, 1998 CASE NO. & NAME: WV-97-3/Fiolstein CASE MANAGERcY"Meredith Reckert ACTION REQUESTED: An application by Chester L. Holstein for approval of aright-of--way vacation. LOCATION OF REQUEST: Adjacent to 10911-17 W. 44th Place NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: N/A Chester Holstein 3995 Easley Rd. Golden, CO 80403 City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Residential-Three Multi-Family/Vacant SURROUNDING ZONING: N: Residential-Two; S:, E:, W: Residential-Three SURROUNDING LAND USE: N:, E:,W: Low Density Residential; S: Low Density Residential, Dlulti-Family DATE PUBLISHED: DATE POSTED: December 26, 1997 January 12,1998 DATED LEGAL NOTICES SENT: _January 12,1998 RELATED CORRESPONDENCE: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS (XX) Attached O NONE (X) CASE FILE & PACKET MATERIALS (JQ EXHH3ITS () OTHER JURISDICTION: 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. I. REQUEST The applicant requests approval of aright-of--way vacation for a portion of West 44th Place as it runs in front of the property located at 10911-17 West 44th Place. The property currently has a four-unit apartment building on the east side which was built in 1955. Once the vacation and dedication occur, the applicant intends on subdividing off the eastern portion which is vacant to create a separate buildable lot. According to the information provided from the owner's surveyor and substantiated by the city surveyor, the actual right-of--way which is being vacated is located in the front yard of the property and does not include any of the physical improvements for West 44th Place. Please refer to Exhibit `A' which is a memorandum regarding the situation from the city surveyor. In accordance with this "mistake", which ranges in size from 28.09' at the west end to 29.11' at the east end, a portion of the applicant's deeded property on the north side of the lot falls within the physical improvements for West 45th Avenue. In addition to vacation by the City, the applicant will deed this property containing the street improvements to the City as right-of--way. Exhibits `B' and `C' are improvement surveys depicting the proposed vacation for 44th Place and the dedication for 45th Avenue. Public improvements along both property frontages is limited to street paving. There is no curb, gutter or sidewalk in either stretch abutting this property. This ±29' survey error is prevalent throughout this area of Wheat Ridge surrounding the old Fruitdale School (generally 44th Avenue to 46th Avenue from Parfet to Moore). Staff has neither the resources nor the authorization of City Council to correct this problem. Therefore, it is being addressed on a case-by-case basis initiated.by individual property owners. The applicant in this situation believes it was a problem caused by the City and is, therefore, asking for a refund of his $100 filing fee. Please see his correspondence included under Exhibit `D'. Realistically, the problem was created in the late 1800's and was exacerbated through subsequent surveys and land transactions. II. AGENCY REFERRALS All responding utility agencies have no problem with the vacation as long as anon-exclusive utility easement is maintained over the entire parcel to be deeded to the owner. Public Works supports the request. III. CRITERIA FOR REVIEW Before a street right-of--way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without an established public road connecting said land with another established public road. None of the physical attributes of the property will change. The lot will still have access to a public street (44th Place). 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat .Ridge. One of the goals of the City of Wheat Ridge Public Works Department is to have all public streets within properly dedicated rights-of--way. For this reason; staff concludes that the proposed vacation and dedication would be in conformance with goals and policies of the City. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The entire ~9' being vacated will be encumbered with anon-exclusive utility_easement which will mean that no permanent structures can be built within this area. Staff would note that since this area is within the minimum front yard setback and encroachments would not be allowed. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. Because of the non-exclusive easement being reserved, if there are existing utilities within the portions being vacated, any utility company would be allowed access_for use and maintenance. IV. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at a public hearing held on November 20, 1997. A recommendation of APPROVAL was made for the following reasons: 1. All posting and notification requirements have been met. 2. The vacation is needed to correct a survey problem started in the late 1800's. 3. It will allow street improvements to be located within officially dedicated right- of-way. 4. The evaluation criteria supports approval of the request. 5. It allows the applicant to have a clear title that is not clouded. with the following conditions: 1. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated. A motion was approved to refund the applicant's $100 filing fee. A motion was approved to request City Council to fund a committee to correct the right-of--way problem and associated property lines and legal descriptions. This would include research and identification to determine the breadth of the problem. V. STAFF CONCLUSION AND RECOMMENDATION Staff concludes that aright-of--way vacation and corresponding dedication need to occur to correct the survey problems started in the 1800's and to allow public street improvements to be located within officially dedicated right-of--way. Since the criteria used to evaluate a vacation request support the request, a recommendation of approval is given with the following conditions: 1. The applicant dedicate land on the north side of the property to the City as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the vacated portion. In regards to the request for application refund, the City did not create the problem. The applicant intends on subdividing for the purpose of developing once the right-of--way issue is resolved. Therefore, staff recommends the filing fee NOT be refunded. VI. RECOMMENDED MOTIONS Option A: "I move that Council Bill No. ~~, a request for approval of aright-of--way vacation for property located adjacent to 10911-10917 West 44th Place, be APPROVED for the following reasons: 1. The vacation is needed to correct a survey problem started in the late 1800's. 2. It will allow street improvements to be located within officially dedicatedright- of-way. 3. The evaluation criteria support approval of the request. With the following conditions: 1. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated:' Option B: "I move that Council Bill No. ~~, a request for approval of aright-of--way vacation for property located adjacent to 10911-10917 West 44th Place, be DENIED for the following reasons: 1. 2. 3." _ _ _ _ r ~ ! r~ ~ - 4EST 1-'!O PRQ`IG<iE RO sORiN _ _, _ - _ -- ._ ~ - - _ - '~ B, N.I MI a w ~eYN nvE - , 8 r.a-e7-R z - °- S S '8 8 - - = ~ I nw ~ $ a r 5 ~ ~~ 8 8 ~ ~ 8 8~ r °'e ' _ r' w nmr R~ - + ~ .17TH v~ '~_ - _-.. -__ -_ -'-~7rsFY 8 8 $ r8~ ~ ~ ~ 8 8 S~C. VIS ~ tB .a F'tdc . - ae _ N _ _ _ _ _ ~ {- w ~71T1 A4E ~ ta55 AT 1 - - - ^o o ~ $ $ ~ H _ $ .uM SiR~T Yl: 3 urs ~ Y 3FY ~ w:wTN R- I _~ _ ^ a € ~ ~~. ''. e e - ~ o ~ - - - PR - _ . _. - °~ e SUS - - - _ 'q isrN nve °. _ Ld~a9-Yi o 'o 3 3 - _ R 'SI~ __ .~ .$ .~ .o .~ .S ^BA ON W r7AD/ • _ ~-.- ~ ~ •.rsrsrN n ~ TI ^ w-asrn ravel • _. ~L P (~ ~~ I - n~ RUI DAL P ~ _ ' HZ-44'I~l - Q ~ ~ •Y i w uTN R. • t4 ' ~ x K ' ~ • ~ S ^ ~ _ • F / wZ-60-i~l j/f ~~~ ~~_ // /// I 1~ ~ C yl / B 8' D ~ r j s` ^ a is -]G' ,r.C . " ~ - ~ PRD .~ ~ - ~ ~ - DEVRI~ -I - ,7 ~, ~ ~ ~ ' 7 HEST fUPiE INi O)i i •~ iS2EA REQUIRING SITE PLAN APPROVAL N Y ti ~/~ONI NG M/ `P ® I~~ ~~~OOD PLAIN 00-YEAR FLOOD PL11N s.,r"' ~ ~~E~T ~I DGI_ ~ -~~~' U`PPROXIMATE LOGAT10N1 '.APPROXIMATE LOGATIONI . „,,, ,,, .w /~ -ZONE DISTRICT BOI.NDRY LONE DISTRICT BUUNDRY _ SGht.E ~•~Op OLORT.DO .-PARGEVLOT gOUNDRY ~ARGEVLOT gpUNDRY - - - (DESIGNATES OWNERSHIP) SDE5IGNATES OWM1~RSHIPI ~ P ADOPTED: J.ne I5, 1994 _ - _ -WATER FF ~1JRE WATER FEATURE st Revisions September 19, 1996 DENOTES MULTIPLE ADORES DENOTES-NAJLTIPLE ADDRESSES _ Qf OF PVdNlG NO DEYBAH'~7i -235-2061 APPROVAL OF MINUTES October 16,1997 Commissioner SNOW motioned, Commissioner RASPLICKA seconded, to approve the Minutes as amended. Motion carried 7-0. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) 7. PUBLIC HEARING A. Case No. WV-97-3: An application by Chester L. Holstein for approval of a right-of- way vacation for a portion of W. 44th Place located adjacent to property addressed as 10911-10917 W. 44th Place. Ms. Reckert presented an overview of this case. She reviewed overheads and slides with the regulations, case files and packet materials/exhibits. Property was posted, published and sent certified mailers to adjacent property owners. The property is currently zoned Residential-Three and the current land use is Multi-family. Ms. Reckert stated that the property currently has afour-unit apartment building on the ;ast side which was built in 1955. Once the vacation and dedication occur, the applicant intends on subdividing off the eastern portion which is vacant to create a separate buildable lot. Ms. Reckert discussed that the actual r-o-w which is being vacated is located in the front yard of the property and does not include any of the physical improvements for West 45th Avenue. Ms. Reckert stated that there was a 30' survey error through out the area surrounding the old Fruitdale School(generally 44th Avenue to 46th Avenue from Parfet to Moore). Ms. Reckert mentioned that staff has neither the resources nor the authorization of City Council to correct this problem. Therefore, it is being addressed on a case-by- case basis initiated >zy individual property owners. The applicant in this situation believes it was a problem caused by the City and is, therefore, asking for a refund of his $100 filing fee. Ms. Reckert elaborated on the applicant's request. In conclusion, Ms. Reckert stated that staff recommends approval. Commissioner THOMPSON asked if there was a dispute between the North/South property owners? Ms. Reckert answered no. Commissioner SNOW asked if the adjacent property owners were notified? Ms Reckert answered yes. Chairmen WILLIAMS swore in Chester Holstein, 3995 Easley Rd., Golden, CO. Mr. Holstein stated he has owned the property approximately 2 years. Commissioner SNOW asked Mr. Holstein if he had a survey done when he bought the property. He answered no. Commissioner SNOW asked "Why did Mr. Holstein feel that the City was at fault?" Mr. Holstein stated that it was a previous governmental agency's mistake and would appreciate a $100 filing fee returned to him. chairmen WILLIAMS swore in Mr. Courtland, 7575 W. 23rd Avenue.. Mr. Courtland, the surveyor, explained in greater detail the problems that Mr. Holstein is confronted with in respect to this particular i property. • A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, " I move that Case No. WV-97-3, a request for approval of aright-of--away vacation for property located adjacent to 1091.1-10917 West 44th place, be approved for the following reasons: 1. All posting and notification requirements have been met, 2. The vacation is needed to correct a survey problem started in the late 1800's, 3. It will allow street improvements to be located within officially dedicated right-of--way, 4. The evaluation criteria supports approval of the request, 5. Ii allows the applicant to have a clear title that is not clouded. with the following conditions: 1. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue, 2. Anon- exclusive utility easement be reserved over the entire portion being vacated." Motion carried 7-0. Commissioner THOMPSON initiated discussions on the request for the $100 refund by the applicant. Discussions continued. Commissioner BRINKMAN made a motion, seconded by Commissioner CERVENY for approval to ask City Council to fund a Committee to correct the right -of--way, the property lines legal descriptions and to research and identify how broad the problem is that exists. Motion carried 7-0. A motion was made by Commissioner CERVENY, seconded by Commissioner BRINKMAN to approve, to the applicant, the request fora $100 filing fee refund. Motion cazried 7-0 B. Case No. WV-97-4: An application by Russ and Jan Anderson to initiate vacation of an existing right-of--way, Marshall Street, and for approval of a 15' rear yazd setback variance and a 32' separation variance. Commissioner CERVENY stated that he would abstain from th_ is case due to outside involvements with the applicants. Mr. McCartney presented the new information pertaining to this case. He stated the the applicant is requesting for approval of aright-of--way vacation for an unused portion of Marshall Street running ( >etween interstate 70(south) and West 48th Avenue(north), and approval of a 15' rear yard setback variance to the 15' rear yard setback requirement and a 32' billboard separation variance, to the 600 ~, 0 0 0 m m F y~Z m r' 7500 WEST 29TH AVENUE November 12, 1997 Meredith Reckert Senior Planner Re: Holstien Vacation Meredith, WHEAT RIDGE, COLORADO 80215 _ _____ ~x ieiT~ he t~of Wheat Ridge 1 In answer to your question as to what caused the need for the property shift initiated by Mr. Holstien at 44'" place and Parfet street, the problem was created through different interpretations of the position of 44`x' Avenue as far back as the turn of the century. 44~' Avenue, formally known as "Golden Road", was a territorial road. The problem seems to have been tocating where the north edge of the road actually is. Jacob Brown and James Lewis conveyed a large parcel to the then School district No. 32 in 1883 which is the Fruitdale School. We believe this description was approximately 30 feet off. Apparently there were subsequent conveyances that perpetuated the problem throughout this quarter section, most of which are around [he School property. When Fruitdale Patio Homes was platted and tied to the section corners, the right of way for 45"' avenue jogged 32 feet at what was Owens street. Mr. Holstien's property is directly adjacent to this subdivision. This shifr will correct the legal description of his property. I hope this will help clarify the need for this action. Sincerely, John McGuire City Surveyor (303) 234-5900 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 ~~,S~HiQ/T 'A` a f~ry~~'~N/l~' ~, ~s' ~ ~o ~ `~~~ ~~~ ~~ a~ ~r ~~~, ,~ ~ ~g ~ ~-~ ~~ _ ~ o0 ~ ~,~H9 ,rif ~ o 0 ~ ~~~~ ~ ~ ~~ ~ ,~ ~ ~- ~^ ~' `~ ~ ~a~"7 Q~G ~`~ooo~ ~ ~~ ~~ ~~~~ ~Q~ ~ ~- ~ ~ ~~ ~ o0 ~e~q Q ~~~ ~- ~ ~~ -~ 9 ~~'~ ~°`'7 ~a a ~~ ~io~ ~ ~ w~~ ~~~~'~~ ~`" P ~r /~ urn ~ ~'`~ , ~~-~ ~°~ me crry of ~Wh e at ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 west 29th Ave., Wheat Ridge, CO 80033 ~1 ~~ ~~M ~ ~,~~ Phone (303) 237-6944 Applicant ff p r ' Address 3g95Fas~~,,Qe~ G'o~ofene~hone~7j3-O54Z Owner l.Gt.GeY.~n-~.. ~IOIS+.t vi Address amp Phone Location of request_fQ9/ ~ _ / ~ t,~J, ~~-rk ~ ~~ Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver 8 Site development plan approval Nonconforming use change Special. use permit Conditional use permit Flood plain special exception Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat ~ ~J _ Final Solid waste landfill/ u ••-• wee azzacnea procedural guide mineral extraction permit for specific requirements. ® Other l-~{c to 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 ~rom the owner which approved of this agt5i.gn on his behalf. ~, , s Signature of Applicant Subscribed and sworn to me this 3"day of dc.tobei, 19 °tl SEAL My commission expires A~o~. ro, r999 Date Received _ ,p ~/b - cl-~ Receipt No. W„`i Case No. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ~,~ RECEPTION NO. F02~5 30.85 - 212 RECORDED I FFERSON COUNTY, COLORAD( WARRANTY DEED "- - TEIISDEEDS Made on April 25, 1996 - _-. _ -- ~'~o Lawrence H. Schmit and Maria Schmit oCthe County of Jefferson and Stat<of Colorado grantor, and ' Chester L. Holstein whoa legal addreu is 3995 Easley Road PG -002 02/96 Golden, CO 80403 nmee: o[ the County of Jefferson and Stag of Colorado C WITNESSETH,TNtthegnntor for and in wnsidcnGon oCthc sum of ($198,500.00 ) One hundred ninety eight thousand five hundred dollars and no cents DOLLARS the s'udpt and sutTdenry oC which is heroby acknowlWged, has Cnn[cd, bargained, sold and conveyed, and by these presenb does gram, bargain, sell, convey and confirm, unto the grantee, his hein and azsigns forever, ?j f f er50PRny together with tmprovununand Slate simak, lying and being in the County of oC Colorado described az foRowa: See attached legal (Continued) ~e '~ Q as known by stxd and mrmbu as: 10 911-10 91'7 W. 44th Pl. ' Wheatridge, CO 80033 TOGETHER with all and singular the herrAitaments and appurtenances Thereto belonging, or in aoywiu appertaining, and the [evasion and saruindtt and ruminden, ronU, issues and profits thereof, and all the elute, right, Title, inte[cn, claim and deaund whatwetror aCthe reveniona, grantor, eithtt in law o[ equity, of, in and w the above bargained premises, with utc herWitamenu and appurta~neea. TO HAVE AND TO HOLD the raid ptemisu above bargained and described, wish the appurtenances, unto the grantee, his hein and auigns fomtt. ArW Ihegnnbr, for himself, his hein, and pcrwnal rsprescntaGves, does coveNnt, grant, bargain, and agree to and wish the gnNee, hies hein and assigm, flat at the time of the ensealinC and delivery ofthese pttsents, he is well seized oflhe premiss above conveyed, haz good, auto, perfca, abwlule and indefeasible elute of irdicrimnce, in law, in fcc aimpk, and nos good right, Cult powu wd IawNl autlwrity to gnat, bargain, all and cotwey the ume in manna and form as aforesaid, and That the ume arc free and Ilea[ from all forma and other gnnu, bargum, asks, lien, uza, aveumenu, enatmbnnvs and restrictions aCwhatever kind or tumro socvu, rxccpt taxes for the current year and subsequent years, and except easements, restrictions, reservations, rights o£ way and covenants of record, if any. The gnntoc shall and wilt WARRANT AND FOREV17i DEFEND the abovubarCained Pau' m the quid and pumble poasevion oCNe grantee, his h<in and auigro, against all and every Pcnon ar P<nona IawNIIY daiminC th<whole or any Pan theno[. The singular number shall include Ne ptunl, the pWnl the sinCUlar, and the use of any gender shall b<applia6k to all Cenden. iN WI'I'NF_55 WHEREOF, the grantor has exuuled Ihia deed on Ne date set foM above. ~~ ~ /`^' 07~'~ Lawrence H. Schmit _ STATE OP Colorado .. CoumyaC Arapahoe }S The Cor<going inawment was acknowledged before me ntia by Lawrence H. Schmit and Maria Schmit My comrtdvion expire October 4, 1999 L7~ Mari SchmiC 25th W imcss my __ .~ of WHE,q T CITY COUNCIL MINUTES -a ~'~ CITY OF WHEAT RIDGE, COLORADO ~ ~ 7500 W. 29th Avenue, Municipal Building U frl ORA The Regular City Council was called to order by Mayor Cerveny at 7:'00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES of January 12, 1998 Motion by Mr. Eafanti for the approval of the Minutes of January 12, 1998; seconded by Mr..Siler; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office for Gary Theander, Planning Commissioner. CITIZENS' RIGHT TO SPEAK Connie Mauldin, 3195 Zinnia Street, Golden, addressed the proposed Conoco Breakplace at 32nd & Youngfield; feels Wheat Ridge should conduct their own independent traffic study. .: , John Je~nan, 11694 West 37th Avenue, read a letter from Wheat Ridge United Neighborhoods, in which they question the hiring of so many consultants for the Recreation Center and the subsequent cost to the taxpayers; many of these duties could be done in house.: :_ CITY COUNCIL MINU~: January 26, 1998 ~ Page -2- ~~'~7~~ -~ Vance IColesar, president of Wheat Ridge High School lacrosse _. - Association, asked that Wheat Ridge Mayor and Council write a letter to R-1 School District stating what Lacrosse has meant and is supported in the City of Wheat Ridge and that they would like to see --- the kids in Wheat Ridge playing Lacrosse. Sean Cronin, 6275 West 35th Avenue, stated that more Lacrosse scholarships were given to Wheat Ridge kids than football scholarships; it has benefited many kids. Please write a letter to the school board. Motion by Mrs. Shaver that Mr: Middaugh draw up a letter to Jefferson County R-1 Schools encouraging them to sanction the sport of Lacrosse in Jefferson County and also to send that letter to related interested and decision-making parties; seconded by Mrs. Dalbec; carried 8-0. pLTBLIC HEARINGS AND O nrNAN ON ~'nNl? RE nTN item i. Council Bill 53 - An Ordinance vacating a portion of West 44th Place within the,City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to 10911-17 West 44th Place. (Case No. WV-97-3) Council Bill 53 was introduced on second reading by Mrs. Dalbec; title read by the Clerk; Ordinance No. 1106 assigned. Kurt Linn, registered land surveyor, representing the owner of the subject property, was present to answer questions. He was sworn in by the Mayor. Sean McCartney, City Planner, was sworn in by the Mayor and presented the staff report. Bob Goebel, Director of Public Works, was sworn in by the Mayor and answered Council's questions. -• ~• Motion by Mrs. Dalbec that Council Bill 53 (Ordinance 1106);~a request for-approval of a right-of-way vacation for property located adjacent to 10911-10917 West 44th Place, be approved for the following reasons: 1. The vacation is needed to correct a survey problem started in the late 1800's. 2. It will allow street improvements t be located within officially dedicated right-of-way. 3. The evaluation criteria support of the request. CITY COUNCIL MINIIT~: January 26, 1998 • Page -3- - With the following conditions: 1. The applicant-dedicate land along his northern property line as right-of-way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated; seconded by Mr. Eafanti; carried 8-0. Motion by Mrs. Dalbec that the request for the $100 filing fee refund be granted to the applicant; 'seconded by Mr. Mancinelli; carried 5-3 with Councilmembers Siler, DiTUllio, and Worth voting no. rtem 2. Council Bill 54 - An Ordinance vacating a portion of Marshall Street (formerly Illinois Avenue), in the Berkeley Heights Second Filing, within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-97-4) Council Bill 54 was introduced on second reading by Mr. Mancinelli; title and summary read by the Clerk; Ordinance No. 1107 assigned. Jerry Devitt, 4704 Harlan Street, was sworn in by the Mayor; he is an attorney, representing the applicants and presented their case. Sean McCartney presented the staff report. Jan Anderson, applicant, was sworn in by the Mayor and answered .• questions. Motion by Mr. Mancinelli that Council Bill 54, Case No: WV-97-4, Ordinance 1107, an application for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue) be approved for the following reasons: 1. The property is and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the, property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval; seconded by Mr. Siler;-faiSed 3-5 with Councilmembers Siler, Mancinelli, and Donnelly voting yes. Motion by Mrs. Shaver to postpone the issue of the variance - indefinitely; seconded by Mrs. Dalbec; carried 7-1 with Mr. Mancinelli voting no. ' CITY COUNCIL MIN~S: January 26, 1998 • Page -4- rtem 3_. Council Bill 55 - An Ordinance amending Section 2-62 (b) and Section 19-29~ of the Wheat Ridge Code. of .Laws, concerning the Civil Service Commission. Council Bill 55 was introduced on second reading by Mr. DiTullio; title read by the Clerk; Ordinance No. 1107 assigned. Motion by Mrs. Dalbec to postpone this Item until the next Regular _ Meeting on February 9, 1998; and that at that meeting we have copies of the two meetings with Mr. Dahl and the Civil Service Commission provided to us in the packet; seconded by Mrs. Worth; carried 7-1 with Mr. Siler voting no. DECISIONS RESOLUTIONS AND MOmrnNc Item 4. Confirmation of Mayoral appointments to EDARC. Motion by Mr. DiTullio that the Mayoral appointment of Sandra Collins from District I be confirmed for membership on EDARC; seconded by Mr. Eafanti; carried 8-0. Motion, by Mr. DiTullio that the Mayoral appointment of Elwin Riplinger from District IV be confirmed for membership on EDARC; seconded by Mr. Eafanti; carried 7-1 with Mrs. Dalbec voting no. Motion by Mr. DiTullio that the Mayoral appointment of Rae Jean Behm from District III be confirmed.for membership on EDARC; seconded by Mr. Eafanti; Mrs. Worth asked for a friendly amendment that we get an application from Mrs. Behm; carried 8-0. jtem 5. Acceptance of Grant Award from Colorado Historical Society ' and approval of contract for matching funding from the Wheat Ridge Historical Society. Motion by Mrs. Dalbec that the City Manager be authorized to accept the grant for the Baugh House Restoration from the State Historical Fund, in the amount of $10,750.00 and to enter into, an agreement 'f or said purpose with the Colorado Historical Society; seconded by Mr. DiTullio; carried 7-0 with Mrs. Worth abstaining. ~ ~ ~v ~ ~'3 INTRODUCED BY COUNCIL bIEMBER Dalbec .Council Bill No.~_Ordinaace No. 1106 Series of 1997 TITLE: AN ORDINANCE VACATING A PORTION OF WEST 44TH PLACE(CASE NO. ~W-97-3) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ADJACENT TO 10911-17 W. 44TH PLACE. WHEREAS, right-of-rvay was previously dedicated for W. 44th Place behveen Parfet Street and Owens Street; and WHEREAS, said part of said W. 44th Place lies Fvithin the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion the dedicated right-of--way does not coincide with the physical street improvements; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The following portion of W. 44th Place, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated to wit: A tract of land in the SE %. of the NW'/. of section 21, Township 3 South, Range 69 West of the 6th P.M., described as Follows: Commencing at the Southeast comer ofsaid NW %, of section 21; thence N00° 00'00"E on an . assumed bearing along the east line said NW'/. a distance of 1182.63 feet; thence N89 45'25 W a distance of 139.00 feet to a point; thence S00° 00'00"W parallel with the East line said NW %. a distance of 88.39 feet to the True point of Beginning; thence continuing S00° 00'00" a distance 29.11 feet; thence N89° 45'25"W a distance of 240.00 feet; thence N00° 00'00"E a distance of 28.09 feet; thence N90° 00'00"E a distance of 240.00 feet to the True Point of Beginning, containing 6789 Squaze feet, more or less, County of Jefferson, State of Colorado. Cection 2 Conditions. 1. The applicant dedicate land along this northern property line as right-of--way for West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated. 4ertion 3 Vectinn Upon the vacation accomplished hereby, title to the property vacated shall revert to the adjacent property owner of record: More specifically, the land described above shall revert to the owner of property addressed as 10911-17 W. 44th Place. Section 4. Safetys ause. The City Council hereby finds, determines, and declazes that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is i Ordinance No. 1106 Series 1997 Page 2 promulgated for the health, safety, and welfaze of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfaze. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Cection 5. Severability_. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shalt for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect~~days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote ofZ.to~on this22nd. day of necemher, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for n Marv 6, 199, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 26th day of January , 1998. SIGNED by the Mayor on this T7th' day of January , ATTE Wanda Sang, City Cierk CERVENY, MAYOR AP O E S T BY CIT Y GERALD DAHL, CITY TTO 1st. Publication: January 2, 1998 2nd Publication: January 30, 1998 Wheat Ridge Transcript Effective Date: February 14, 1998 • E f II II Lb `/IS~ V ~® JAN211998 DC~ ~ a/ w~e~iu~~~ . ~iy~ ~ g o X03 /S~& ~_~. ~ 3 ~~~~~~ ~ ~ ~~~ ~ ~~"~~ Q ~ ~~ ~~ ~ ~ ~ ~ ~~~'~'' ~ eta- , O~ ~lli7` ~~~ ~l /L . G ,~~,~ ~ ~ ~~ ~ ~~ ~~ °y~,` ~T~`" .__ s WN e ~~ ~,~o o~~ ~. ~~~. om es A`G .~y O xy F.. G~ H aC O W ~} r .3 w ij pJ~ ``~m~ ~~ ~ ~ ~~e~ `~ ~~ ,{ 9.~i ~ J~~ f 1~ ° G • i(D c L ~ ~ ~ ~ ~~ ^.~ O ' p6 ~ B ~ P ~ ~ i !f~ ~jh~f~ ~~~ ;, ,;~,1~~i City of Wheat Ridge Planning and Development Department Memorandum TO: Ron Patera FROM: Meredith Reckert, Senior Planner SUBJECT: Reimbursement DATE: Mazch 6, 1998 On January 26, 1998, City Council approved Case No. W V-97-3, which was a request for a right-of--way vacation for property located adjacent to 10911-10917 West 44th Place. One of the conditions of approval was that the $100 filing fee be reimbursed to the applicant. Attached find minutes of that meeting. The check should be made out to Chester L. Holstein 3995 Easley Road Golden, Colorado 80403 If you need any fiirther information, please give me a call at extension 2848 e:\planning\rorms\memotemp MEMORANDUM A roved Date3-~ g g DEPART69ENF OP ~l1B~.[C W®RRS TO: Meredith Reckert FROM: John McGuire P. L. S. DATE: 3-19-98 SUBJECT: Holstein Property Right of Way swap Mr. Holstein is ready to subdivide his property into a two lot minor subdivision now that the right of way issue has been resolved. I talked to his Surveyor, Mr. Kurt Linn, about the area that was to be dedicated to the city by Mr. Holstein, and since no Quit Claim deed has been filed as of this date this action can be taken care of on the Plat with the proper dedicatory language. Also they will show the area that has been vacated with the Vacation Ordinance and reception number. I told him that since the Council has already accepted this Right of Way and the Vacation there would be no need to go back before them with this matter, and the Subdivision could probably be taken care of administratively. i Q Z ISM C s W O O W O O TI fD CD .-., ~~fA~ w max P F_ i W H E A T- 7 5 0 0 WEST 2 9TH A V E NU E E WHEAT ~~~ R I D G E_ m WHEAT RIDGE, COLORADO 80215 FAX# (303) 235-2857 PLANNING AND ZONING PARKS AND RECREATION PUBLIC NORKS e- (303) 23~-2816 (308) Z3~ Y~S77 - (303) 235-2861 f y HP OfficeJet Personal Printer/Fax/Copier identification 94240828 Fax Log Report for DEVREVFAX 303 235 2857 Nov-10-97 02:57 PM e ~ t Pa es Tune Date Time t"o piagnostic OK 02 Sent Nov-10 02:56P 00:00.58 002586030022 Sao i if ~ f 1 i ~ I 1 4 t ry [ 1 t i i i i 1 1 d r I } t f I ~ 1 j i j } 1 i i ~ 4 i t e i 1 { i f f j i 3 ~mr ...._....._.......,..,.e._.....~v..,._~._. _ _ ............._......._..~a~~.._.._~~ _ - w. .4..-_. __~...........,.,.~,.,_~~_,....~......................v.e.,...,.........m......,....._..~_..._._....._.,...,......,~... y f e t e I t i 4 s f { i i i 1 i ~ !j a r o e 0 r~ ec ~o n t ,t . , 4 ° l ~ ~ ~ ~ ~ Q l~ I1 ~'SQ1 A. a.,,.. dve. ~ ; E y; ~ i - _...1 } ~ I i < < r !i ! ~ ! !`VOri f1 ~ ~f LG,rnpr i i . ~ - - - ~ aP,Ctl0"! ~ TQwn,~-;~ ~ west a tr dve:,na ~ i m , i ~C7ilg(' ~J~ ~2Sr +Jf 6 I ~ i ~ { fauna 3.25 rJ~a tiros a'C5t a61t'. AvenUC l= _ ~ wes' r 4 I ~~1 (~4 r ' i i ~1 t i wes oath '.,,co l i - . ~ _ ~ _,_r l~_ arse e: ~ r.., IF j it Y' ~I11~, r--_________~____~___- ~ za.7a' E r lip _ d aG i ~(I of t~;e NM 1~~+ Sec~i~~n ~ 1 5~3~°4~,~~" ~ ~~~Jv _ ~ _ a - ~ i io I~ ~ C. I d _ ~ ~ . _,,~I v. • ~ L 1 fin! 6~E: `~~i.~t'l;1 YJ:'1} t1 r~' . - ~eLol rf rr~ 7 m r- - . _ _ _ } . . . - ~ . _ ~idew~'R . _ _r_~. A ~ S90'OO'OO~E 240.00' - ~ ~ r r r ; _ _ ~ _ - 1 1 r r i .~,~K ! ,uP ..14{i i , .i f r j ~ f f ! ; r f ~ r ( i ~ i i pr ('.l r i i -r--, .-.y-.. .,i Ll. 'r~ ~,QE 1 , t t r ~ ~ r ~ 1, t ~ 1 L ` ~ p~ (d ~ t i f'1 ~V ~ - - - W Qf ~ r l f t - ' li i , ~ (t i i / t i 1 7 1 r r~ ~ ~ a r . ; ~I ( ~ ' O i;!; t; ~ ~ ~ ~ i it~~ ~l ,r~ ! ~1.;ii ~ r 1 _ o , y . , ' , ; Q.CD fo h t Rid e ~ ~ , ~~~,o~. ~ , ; ( I _ eS ( i,r, 1 ~ , , , aC;e r, ~ ,r, ,i _ r _ ~ - ~ N t. i . ~ ~ (r r ~ l ~ 1 ~ . r ( ~ - . ; ' ' ? ( i r ~ t 'f) b r , i+ i ~ Cq ° ( ~ Y[ C~ 1 i , . _ r , _ . , ~ _ aO _ . , - h- y ~ ~ _ .r i f c r ~ ~ 1. ~ _ ~ ~ ~ ~ i ° ,j +i E ~ ~ . - ~ ~ Q nctat,- es ~ ~ - F - . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - D'-} . .-I , ~ ~ - h, T- ~ ~ r - ~ r- , 1 r- , ~ ~ ~ ~ ~ ~ 3~ ' ~ ~ , 1~~ . ~4 Q'` Cr o ~ ~ o C g o„ ~ _ One, Story. Frome 4 Ur~4t Aportmen ~Idg. a ~ No.. 1x91 t-1Q917 . ~'i ~ ~ o; ` o ~Q. . _t r _ ~ ~ .F _ _ _ _ ,~,e NO ~ - ~ ~ j'' ~ f V: ru!~d ~~re~. E r p ,ry 28,09' ( i ~._.r I_.~ -l~._.j r r ~1 ~y i~ 1 ( ~ ~ ~ ~~11 ~ I"~'V;~~~~ PO(ClE U~ ~Li pp ~y ~ >t L y Q n~ j t i r i ~ ` !i,~ i~~~ i to i,~ ~ i)r"1 ~ , r n` ~ , . , o ; -r ~ _ r o- i i i~ ~ r i t ~d .~1~4 r t r ti ~ ~ r± cr , , t ' W ` r c 1 ~ t f ~ ~i- ~ 1 ~ ~ > 1 ~ C~ Q NOIS~B#~ of r ~ ~ r ,`u~~ ~ ~ ~ ~ ~ t r N89'4~' ~t ~ 25 YV 240.00 F R ~ 3 ~ _ ---i e ~ R ~F: ~ ale .,U i 'Y- y'~`' { ~ c n r✓ ~ set ~ -T: ~ _ _ . i Ci . I i Holstein/City of ~heat~ Ridge Descri tion: t-~~ P J A tract of land in the SE 1/4 of the NW 1 4 of Sectio / n 21, Townshi 3 South Ran e the 6th P.M., described as follow; ~ ~ g 69 hest of I Commencing at the Southeast comer of said NW 1' ~ thence N00'00'00"E ~ 4 of SectZOn 21; on an assumed bearing along the East line said NW 1 4 a dicta 1182.63 feet; / nee of C. t thence " N89°45 25 ~V a distance a€ 139.00 feet to the Tru e Point of Beginning; i thence S00°00'00"W parallel with the East line sa' ~d NW 1/4 a distance of 29.11 feet; i thence N89'45'25"i~ a distance of 240,00 feet. - thence N00°00'00°E, parallel with the East lines ' thence N90' " a1d NW 1/4 a distance of 28.08 feet; 00 00 E a distance of 240.00 feet to the Pont of B containing 6789 square feet, mare or l egmnmg, Count Jefferson Stat ess, e of Colorado. I olstein Ci~t of cheat / y Ridge l)escri tiara: p A tract of land in the SE 1/4 of the 14 i 1/4 of Section 21, Township 3 South, Range 6 West of 9` 0~~ the 8th P.M., described as follows: F----IMDrovemPn t. ~„rt~~zr p~~~ Commencing at the Southeast corns the r of said NW 1/4 of Section 21, nce N00 00 00 E on an assumed bearing aloe the East r l g line said NW 1/4 a distance of Sect,,, 1 21, ,c~vvr,s 1182,63 feet; thence N89'45'25" a distance of 139.00 feet to 3 A*0 3. p 6f thence° a point; e500`00 0 parallel with the East line said NAY 1,/4 a distance of 88.39 feet to the True Poi ty of Wheat (~~d e 1 321 thence continuing S00 00 00 W a distance nt of Beginning; 9 ~ of 29.11 feet; thence N89.45 25W a distance of 240.00 feet; thence NO0'00°00P E a distance of 28.09 feet; thence N90'00'00" E a distance of 240.00 feet to the True. Point of Be innin containing 6789 square feet, more or less g g , 2 County of Jefferson, State of Colorado. +RE6::7TION NO. F0575700 11.00 , PG: 000 902 "236 RECORDED IN JEFFEh.,ON COUNTY, COLORADO 3/.9/98 10:38:12 INTRODUCED BY COUNCIL MEMBER Dalhec Council Bill No.__53__Ordinance No. 1106 Series of 1997 TITLE: AN ORDINANCE VACATING A PORTION OF WEST 44TH 2 PLACE(CASE NO. WV-97-3) WITHIN THE CITY OF WHEAT RIDGE, 1\ COUNTY OF JEFFERSON, STATE OF COLORADO. ADJACENT TO 10911-17 W. 44TH PLACE. WHEREAS, right-of-way was previously dedicated for W. 44th Place between Parfet Street and Owens Street; and WHEREAS, said part of said W. 44th Place lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion the dedicated right-of-way does not coincide with the physical street improvements; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The following portion of W. 44th Place, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated to wit: A tract of land in the SE '/4 of the NW 'h of section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: Commencing at the Southeast comer of said NW 1/4 of section 21; thence NOO° 00'00"E on an assumed bearing along the east line said NW t/4 a distance of 1182.63 feet; thence N89 45'25 W a distance of 139.00 feet to a point; thence SOO' 00'00"W parallel with the East line said NW '/4 a distance of 88.39 feet to the True point of Beginning; thence continuing SOO* 00'00" a distance 29.11 feet; thence N89° 4525"W a distance of 240.00 feet; thence NOO° 00'00"E a distance of 28.09 feet; thence N90° 00'00"E a distance of 240.00 feet to the True Point of Beginning, containing 6789 Square feet, more or less, County of Jefferson, State of Colorado. Section 2. Conditions. 1. The applicant dedicate land along this northern property lige as right-of-way for West 45th Avenue. 2. A non-exclusive utility easement be reserved over the entire portion being vacated. Sretion3.Vesting. Upon the vacation accomplished hereby, title to the property vacated shall revert to the adjacent property owner of record. More specifically, the land described above shall revert to the owner of property addressed as 10911-17 W. 44th Place. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is RECEPT. .N NO. F0575700 'Ordinance No. 1106 Page 2 Series 1997 promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilitr. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect-13-days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of-3--to-0-on this 22nd day of December, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for..lan~26, 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 26th day of January 1998. SIGNED by the Mayor on this 27th day of January CERVENY, AP F! S XT BY CI Y GERALD DAHL, CITY TTTORNET I st Publication: January 2, 1998 2nd Publication: January 30, 1998 Wheat Ridge Transcript Effective Date: February 14, 1998