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Home My WebLink AboutWSP-94-1The City of ~Wh eat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 ~ .. e- Applicant Owner Location of request Address 31c32 G 4-ID ~LOhD Phone 303 _ ~ P4u~ap~s5, to 81~'JL(i Addres's G~F~ > ~'f~k f~YIG. .} 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 Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ hange 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 for specific requirements. Detailed Description of request r~ Sroee~ ICL~'a./L List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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 action on his behalf. Signature of Applicant Subscribed and sworn to me this day of lg - -- _e __- _ SEAL Notary Public "` My commission expires ate Received Receipt No. Phone Case.No. JUL-21-1994 12 4E FRDM UECTP.R ERNK WHTRIDGE T6 7595D17 fie Clfy 0! ~VYh a at ADMTNI5TRATIVE PROCESS APPLICATION mid e Department•o£ Planning and Development g 75x0 West 29th Ave., r3haat Ridge, CO 80033 Phone 5303} 237-6944 Owner Ralf Daub Address Yhone ~"LI-14C5 Locat2on of request Type of action raga®sted (check one or more of the actions listed below which pertain to your r~g~est.) ^ Change of zone or zone conditions Site devaiopment plan approva3 Special usa permit Conditiana,l use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ^ "~* See attached procedural guide for specific requirsmants. Detailed Description o£ request Variance/Waivex Nonconforming use change Flood plain ap0oial exceptior. Interpretation oP code Zone line modification Pad is Improvement Exception Street vacation Misc®llaneous plat SOlid waste landfill) mineral extraction permit ~ Other List 811 persons and companies who hold an interest in the described rsal property, as owner, mortgagee, 1lS5e9, optionee, etc. NAME PHONE I certify t:~at the information ar:8 exhibits herewith submitted are true and correct to the b®st of my knowledge and that in filing this application, I am acting with th® knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Appl~.aants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Sie~nattlra ©£ Applicant Subscribed and sworn to SEAL ved ~~, day P.eceipt No, My commis:;ion 29 `I `~ Corir>;issio~ ExF~~~s ~ ~ ^a~e Nc_ The City of ~1Vheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning-and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant_~DiJdjay/S Address ~q~~ W. ~~ff+~' Phone~2,~~~~~ wrest ~, Owner /ZOM O,dvVf~ Address 7GI7S W . ~fN' , Phone Location o£_xequest /~/~~. Type of action requested (check one or more of the actions listed below which pertain to your request.) hange of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ^ ** See attached procedural guide for specific requirements. Detailed Description of request Variance/Waiver Nonconforming use change [,]Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation 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. NAME ADDRESS PHONE ~.~ ~.._ _ ._,. _ . .. _, _... -T.- ~ _ - - -- - - ..:: -___ ._~_.. _.._,,~s,.__,._2. ,-.~..,...~_..n -~ r,.~ .,_ .. ,.~,, _ .., _.. ~ .. ,. . --___..... __._,. .,,,,, _._~~~~~~,~~,..._ ...__. .. ~_ ~ ,.~,. E _. . 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-o£-attorney from the owner which approved of this action on his be f. V Signature of Applicant _ ~nN (~9~ _ ~ \, QA)~~ Subscribed and sworn to me this day of 19 Notary Public SEAL My commission expires ate RanaiveA D~l.~; s.Y TT.. ~;~ zo~ss sore D7.21,'~~ GS:51 '6`~ ~O 3 \'IiGTN,I ISKG GHI REL"ORDL~ '~`l COUN7'f ~•IEFF'ERSON STATf-_ OF COLORADO RECCPTION N0. 8~'10'l4i3B.00 •i0/2'I/85 'i4:45 DEED OF TRUST ~~ i -~ shall have the resp WHEREAS, pursuant to the Loan Agreemfa the Crenaynen>~no=rthe and assigned to the Lender, as security Series 1985 Bond, monies receivable by or interests of the Citythe the Note in the principal amount of $1,200,000 ex with dint rest Borrowe r and payable to the order of the City, thereon from the date thereof at the rate expressed in the o e. a copy of which is attached The" terms and conditions of theBNO are incorporated in and made a hereto and marked as Exhibit part of this Deed of Trust; and and any ''IdH'EREAS, the Borrowe r desires to secure the Nate, additional indebtedness accruing to the Lender on atrieuL,enderaor €uture•:payments, advances, or expenditures made by on account o€ any other indebtedness incurred in conn~~eiNate1as this Deed of Trust or any other instrument securing set forth herein. the Lender NCW, THEREFORE, for and ?n co ti e era on u der the LAan purchasing the Bond and effec~ing pod and valuable Agreement to Borrower and the pty r g the aforesaid a Went of rant, give, consideration and to secure indebtedness, the Borrower does hereby irrevocablyQ gTrus`ee, in z~ transfer, assign and convey tp th.. bargain, se__, - ~_ day of October 1985, whose address is THIS DEED OF TRUST is dated this ~n .~.y Attention: by and between RAGStvCaRTH~B~aLD~;~rpORCv~'p`r~ON, 800.. 739T West 3ffth Ave^.u-e. g, Simmons, vice President (he Trustee rofr~ther Couz y of John "Borrower"), the Public "Grantor" or "Trustee"} an3 FIRST NATIONAL -State of Colorado (the p. Box Jefferson, BANK OF LAiCEWOCD, whose address is 143 Union Boulevard, 281, Station 16, Lakewood, Colorado 80228 (hereinafter referred to as ''Beneficiary" or "Lender"): and ydHEREAS, the Borrower, the Lender and the Ci ty of wheat Ridge, State of Colorado, a body corporate and politic duly fo raed under the laws ohaveeenteredo i taoaacLoandAgr=ement and existing "City ), "Loan Agreement") rule charter (the dated of even date with this IIwedlo>~e ~ sto thee Borrower the net pursuant to which the City Ridger Industrial Development proceeds of the City pf ':.'heat ect) Series 1985, Revenue Bond (tdadsworth Building Corporation Proj in the principal amount of $1,200x000 (the "Series 1985 Bond" or the "Bond") , dated as of the date of de Development oReveaue sBo d pursuant to the City and ~Sunicipality Act, constituting Title 29, Article 3, Colorado Revised Statutes (the "Act"} and the City's home rule charter: and P7HEREAS, attached hereto as Exhibit "A" are certain terms defined in the Loan Agreement and settforthethereint and the same ective meanings the Project Site), and all structures, buildings and improvements t;;ereon (constituting the Building), of which Borrower is seized and in possess_on, situated in the City of Wheat Ridge, Cou:.ty of Jefferson, State of Colorado, more particularly described as follows: , The legal description is <.'`W''•ac-'red hereto as Exhibit "C". also known aCosorado, and Number: 7391 West 38th Avenue, City of Wheat Ridge, ToGETHxR WITH all buildings, improvements, fixtures or appurtenances row or hereafter erected thereon including appa- ratus, equipment, fixtures or articles, whether in single unit cr centrally controlled to supply heat, gas, steam, air cordition~.ng, water, light, power, refrigeration, ventilation, cooking, plumb- ing, irrigating and power systems, machines, appliances and fixtures or other services, and any other thing now or hereafter situated therein or thereon which are nova or may hereafter pertain to or be used with or in the Project Sita and the Building (collectively the Project) even t`:ough they be detached or detach- able, also all buildings, improvements or construction materials, supplies and equipment now or hereafter delivered to the Project Site and intended to be incorporated and installed therein or used in construction thereon; also all building permits, tap fees, architectural plans and specifications together with any and all water, water rights, easements, access rights, now owned or here- after acquired by the Grantor, used, belonging to, or in any way tonbectadparth ofetheo]ProjecteSite~ owhether physicallyy attached thereto or not. FURT:~R, TOGETh~R WITH all rents, issues, income and profits generated through the use by Borrower or others of the Project encumbered by this Deed of Trust. All of the above described property and interests will sometimes be referred to herein as the "Property." The Borrower hereby covenants and agrees with and warrants to the Lender as fcllows: (i) that the Borrower is the absolute fee simple owner of the Property excepting leased items, if any, dis- closed in a Lien Affidavit (the "Affidavit") executed by Borrower and presented to Lander on even date herewith; (ii) that the Prop- erty is and will remain free and clear of all encumbrances except- ing covenants, restrictions, easements and reservations disclosed in a Lender title insurance binder as endorsed, described in the Affidavit; (iii) t'~at the Borrower has full Bower and la~.aful right to mortgage ar_d convey the Property; (iv) that no delinquency exists with respect to the payment of any taxes, assessments, water or sewer charges or other governmental j.,-~pasitions o~ any kind levied or assessed on the Property; (v) that it shall be lawful for the Lender at all tiles to peacefully enter upon, hold, -2- ;• ocoupy and enjoy the Property and every part L~ereo_; (vi) teat Eorrower will mace SL'Ch .1,.~her assurances tc protect the fee ~ -. simple title to the Prcgery in the Lender as may'^.e reasonably ocuired; and (vii) that Borrower does hereby fully warrant the tit~e to the Property and will defend the same against ttie law_°11 claims of all p~rscns whomsoever. And the Borrower does hereby further covenant and agree with. and promise to t.*:e Lender as follows: 1, Pavment. Borrower shall strictly and fully comply with all provisions of this Deed of Trust, the Loan Agreement and the ' Note secured hereby and with the provisiens of any other instru- • ment securing the Note. Borrower shall promgtly pay Lender on ~;; behalf of t_he City all s•1as of money evidenced by the Note as weL as all sums of money required by t'~is Deed of Trust and t'ie Loan .,. Agreement and in any other instrument securing the Nate, on the r "` days, respectively, the same severally become due. ~, Y quiz ;'~»; 2. Escrow for Taxes and Insurance. The Lender ma re e ;~:;, t'me that escrow payments as to taxes, assessments ar. ~~~: at ant = insurarca be paid to it by the Borrower, during the term of this Deed of Trust. In such event, the Harrower shall nay to Lender `~: such amounts as Lender from time to time estimates is necessary to create and maintain a reserve fund from which to pay, before the same become due, all insurance premiums, taxes and governmental assessments relating to the Property and as additional security for the debt secured by this Deed of Trust. Said payments may be, at t:xe discretion of the Lender, a monthly sum and amount equal tc one-t*aelfth (1/12} of the estimated annual insurance premiums and taxes and assessments upon the Property, as the amount thereof is determined from time to t_me by Lender in its sole discretion. In the event such monthly escrow payments are insufficient to pay for said insurance premiums, taxes and assessments when due, Lender may demand of Borrower that the amount of such payments be increased ar Lender may demand that the difference be paid to it by the Borrower, and Borrower shall immediately comply with such demands. There sha11 be ne interest due to Borrower on such "N4,,;w, deposits. Payments from said reserve fund for said purposes may "`y'' be made by the Lender at its discretion even though subsequent ;~,~,,., owners of the Property described herein may benefit thereby. In .',~<;:,_„ the event of any default under this Deed of Trust, Lender, at its '.'? discretion and optien, may apply all or any part of said reserve ,'; y,., Y an art of ,~,;,,< Pund to the indebtedness hereb secured. In refunding Y P ,~ 's said reserve fund, the Lender may deal with whomsoever is repre- 'sented to be the ocaner of the Property at that time. ~`' 3. Taxes. Borrower sha11, during the term of this Dead of '' Trust, pay all taxes, assessments and encumbrances of every nature `` ~r: t<'~at may for any and all purposes be payable, assessed or imgosed "'"'°"'~„on,the Property, or any part thereof, or the income therefrom, and ~~~ `,;upon this Deed of Trust and the Note, or the money secured and ~~evidenced thereby and sha11 gay them before the delinquency thereof and receipts evidencing payment of said taxes, assess- -3- ~~~ ;: melts, levies and encumbrances shall be deposited wit:: the Lender on or before February 28 of each succeeding year during the term y of this Deed of Trust. Lender,shall bentho~ eoc~udreeoandnofsthe tax, assessment, water rent, c_a_m, Ii i~ r~ r amount necessary to be paid in sat'_sfaction ~~_e__o_. 4. Administration Expenses of the City. The Bcrrower shall pay to the City, upon presentation of a statement therefor, the Administration Expenses which have accrxed and become payable. 5. =nsur?nce. Borrower shall keep the Building and other improvements, wn~ch are nowt or which hereafter may be erected on she Proper`..y, including any personal nrc_ery and fixtures '~ described above,. constantly insured against Loss by fire with °~'' extended cover_ge in a sum rotyless a tno hethelirsurersblforacoe •~ so as to avoi d any c1a_m on ~~_e p ~:-?:., and in addition shall keep in full force and effect ,,;s,c insurance, "~~Y, policies of insurance insuring against such reheincluding, butunot <- ties, and contingencies as Lander may r_qu_ , "-'„ Flood Insurance, Property Damage Insurance, Public limited to, Liability Insurance and any other insurance required by the Haan Agreement. All insurance required by Lender hereunder shall be on such forms, for such periods, and in such amounts as Lender may require with loss payable to the Leader under a clause acceptable to Lender in its sale discretior. (which shall include a minimum of thirty (30) days advance notice of cancellatiounpolicies~, tosthe antes). Borrower shall deliver the policy, Lender, as additional security, and where renewable policies are necessary in th30per~armancbefore Chas expiranionoofelthe exhsting least thirty ( ) olicies era a part of a insurance. Zr. the event such policy or p master policy insuring properties in addition to ofhsuch policy " then Borrower may submit to Lender a certified copy together with the Toss payable endorsement ir. Iieu of the criginal policy as set forth above. In the event of loss, the Borrower shall give immediate notice by mail to the Lender; and in the event Borrower shall fail to ogres with the insurance companies ~~~^r involved as to the amount and 'terms of any loss within sixty (60) days of the happening of such loss, then the Lender may negotiate '~r~r' with and settle said loss with such insurance companies and neither the Lender nor the insubenciy~Zepin1eanynmanner toathe upon such settlement being made, Borrower. The Lender shall have the right to apply any funds received from insurance policies required under this Deed of Trust ':.. or under the Loan Agreement or under any other instrument securing the Note to the payment of this indebtedness or other sums hereby ~ar;Jt~~- secured, or at its option may allow such monies to be used in 'restoring the Property on the terns and conditions acceptable to '~~'"?': ~ and, prescribed by the Lender (and in such event the funds may be 'w. ~.~retained without interest). The right to any return premzums on `• °any insurance policies covered by this Deed of Trust is hereby ''~ '';assigned to Lender as further security for the Note secured ' 'hereby. -4- 6. Condemnation, Da Lace or Destr'SCtion of the Property. In the event all or subsza:.Liaily all of -the Property is condemned (or sold in lieu .thereof) or damaged or destroyed and 3or=over does not elect, as evidenced by a certificate delivered _to the Lender and the C_ y within one hundred twenty (120} days after the occurrence of such damage, destruction or condemnation, to rebuild or restore the Frope="';.Y, the Borrower shall i:.,aect:.ately prepay the Lean ord. ate" sznB.s ow i.ng in `111 under the Loan Agreement anc}. t_nis Deed of Trust. In the event t'~e Borrower is served with process or ot:'~erwise notified of a condemnation action or any other action which involves a taking of the Property or any part thereof, tre Borrower shall notify the Lender in writing of such within five (5j days from the date of service of process or such ot::er notification (so as to be received by the Lender within said period). Borrower hereby authorizes Lender as attorney-in-fact for Borrower to, at Lender's option, commence, appear in and prosecute in Lender's and Borrower's name, any action or proceed- ing relating to such taking of the Property and to settle or compromise any claim in connection with such condemnation or taking. The proceeds of any award or claim f'or damages, direct or consec,,uential, in connection with any condemnation or other taking of the Property, or any part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender shall rot he held responsible for any failure to collect any award or awards, regardless of the cause of such failure. If the Borrower elects to rebuild or restore the Project as provided in Section 6.02 of the Loan Agreement, then any such award or awards received by the Lender may, at its option, be used in restoring the Property on terms and conditions acceptable to and prescribed by the Lender (and in which event the funds may be retained without interest), or be applied as a credit on any por- tion of the indehtedness or sums secured hereby, whether then matured or subsequently to mature (provided that such does not exceed the amount necessary to pay in full all indebtedness secured by t.'~is Deed of Trost, the Loan Agreement and all other instruments securing the Note}. i 7. Use and Alteration of Property. Unless required by annlicable law or unless Lender has other~rise agreed in writing, Borrower shall not allow changes in the nature of the occupancy for which the Property was intended at the time this Deed of Trust was executed or would impair the character of the Project as a "project" within the meaning of the Act or impair the exemption of interest on the Bond from federal income taxation. Borrower shall not initiate or acquiesce in a change in the zoning classification of the Property without, Lender's written consent. Harrower shall not make any change in the use of the Property which will create a fire or other hazard not in existence an the date hereof, nor shall Borrower in any way increase any hazard. Without the prior written consent of Lender, no huilding or improvement (other than the Building) may be erected on the Property, nor may Borrower .structurally remove or demolish any building or improvement, nor t. m'ay' Borrower materially structurally altar any building or '.'improvement, other than the Building, that would change t`~e use of -5- 4~ (' the PrOper`"'r or L`'hat wouldo~e~Y covered~bysthissDeedTcf anY f=xt~~re °Y personal p removed at any time unless simultaneously replaced by of equal k'nd, quality and value owned by the Borrower, ~ered except by the lien of this Deed of Trosu, is unenc~.}lmb hA ~ securing tie per ~ and ot. r instruments o.. security nor shall rust be an ar"~icle and which tie Loa^, Note. Agree-' . ' . surface I~Iteratien ai*.d 1~ineral.. Richts. Borrower s ' n -any entry, ei Who-' by shall itself i~;;,'~`• riot consent to, permit or-inaulge i_ or by any others, upon the surface of the Property fexcava Ponoor of exploration, dri'_ling, prospecting, mining, - } d dart, rock, minerals, oil or any other removal of any ear~i, ran , s''+ substance without the Lender's approval and written consent. jl S• "t, T„i?; g, Waste and Mechanic'u~_L~na~ces and eaccessoriesDCOnstantly ';'.:'s:;.~; erty, and all eq'uipment~ aF- with the Act and all other ir. good order and repair; shall comply , ordinances, and regulations now or hereafte~yaffsuffer for laws, an art thereof;.and sha~l not P ""' Property or Y P ~`~"€, commit any waste, impairment or deterioration of said Property, or ~`:. any pa=~t thereof. Included within the obligations of the Borrower contained in the preceding sentences is t'~at Borrower shall main- - fain an an~eatlvot,~erebuildingsmorrimproyementsrnow ror hereafter Bui_ding ~ constructed on the Property in good condition and repair and so that the Property, all improvements thereooodaorderlanderepair property situated therein is mairtain~do ithe guests and patrons and so that all of such items present. of Borrower in the operation of its business, f1T~echanics'aor attractive premises. In addition, in the event any r art materialmen's liens are filed against the Property o_ anY P, thereof, Borrower shall cause the same to be discharged, paid, bonded or otherwise satisfied daystaf+er1tthe filing thereof,tor ' Property within thirty (30} within ten (10} days after a suit for the foreclosure thereof has been filed, whichever date is earlier. I0. Protection of Lender's Security. Borrower shall execute _ or cause to be executed such further assurances of title to the Property, and to take and cause t° ti eaappear to theDLenderltoibe legal proceedings as may at any in the Lender. desirable to perfect the tit~e to the Proper ornance of any of Upon a failure or default in or breach of p - articular, the covenants and agreements contained herein, in any p the Lender may, Without notice to the Borrower, pay all taxes, ~;;;,. ,assessments, and public charges, and take such steps as may be necessary to secure or redeemnsurance~pand make suchrfrepairs as sale, and effect or renew athe Prope'"tY, equipment, appurtenances may he necessary to keep r air and take or cause to be and accessories in goad orde_ and rep as ma be desirable al roceedings, Y taken such steps, including leg P impairment or deterioration of ' ',~`=F;~'. to prevent the commissia~o~hereof, or to perfect the title to the ~~'~ the Property, or any P erforsn any other acts er expend ,~~; .Property in the Lender, and to p ~!'~ , -5- U7/2l~'9d 17:59 'b`:507 i59 SU I,~_ s,. i ... `'ll iV II'I' 12DC 1312 RF_CEPTION ISO. 85'{0'1457 such sums deemed recessa~j by Lender to protect its security for the repayment of the Note. S11 sums expended in the doing of or on accou.->,t of the same, shall be a part of the debt secured by this Deed of Trast, and shall be secared as fully as t,'Ze pr.rcipal debt ~nr? interest is secured, and shall bear interest at the race set forth in the Nota from tY~e~ dat= of t''=e e~ebe~~repaide~byf ~ e shall, together with the interest theriod~ of thirty (30) days Borrower before the expiration of~ere is no obllgat'on upcn the thereafter- Provided, however, Lender to make such Pa failure tokactuunderetYie powessagrantsdaby of the Lende_ or any be cons rued as the this paragraph lo, nor any lapse of time, regiments ccntained waiver of any br°each of the covenants and ag herein. Pr ceediacs. If any action or proceeding is 11. Civil _o commenced (except an action to foreclose undertohwhiDhedaction or or to collect the debt secured hera~)'or in such it becomes proceeding the Lender is or becomes a p Y necessary to defend or uphold the lien of this Deed of Trust (including to Protect iihe Lendersforlthenexperse oftlanypl~tega- ~gs), all sums paid by and appellate ccunsel tion (including reasonable attorneys fees) hts and lien created fees, if any, to prosecute or defend the rig Borrower together w thyinterestothereon atntheehighest pleaalyrate permitted by laws of the State of Coioradorior toeanyharight or Lender, and shall be a lien on the Property P title to, interest in ar claim upon the Property subordinate to the lien of this Deed of Tr'ast, and shall be deemed to be secured by this Deed of Trust and evidenced by the Note. 12. payments Received. That any payment made in accordance with tae terms of this Deed of Trust by any person at any time a ent of the whole or any part of the sums now or liable for the p Ym this Deed of Trust, or by any subsequent hereafter secured by or by any other person whose interest in owner of th.e Proper~y, the Property might be prejudiced in the event of a failure to ma e such payment, or by any stockholder, officer or director of a corporation or by any partner of a partnership orabeent1oramay own trust which. at any time may be liable for suc~hallmbe deemed, as ' or have such an interest in ersonsrwho~at~any time may be liable ~' between the Lender and all p ~~- as aforesaid or may own the Property, or any part thereof, to have 'been made on behalf of all such persons. OU8/025 ~~ 13. Inspections and Management. The Borrower agrees that the City's Representative, t`he Lende_ and any peinspectionsiofdthe the Lender shall have the privilege of the life of this Deed of Froperty at reasonable times during the Borrower in the '"Trust, at any time after default by rovisions of this ~Performance~of any of t'Ze terms, covenants ar p _ "De°d of T-1st or of the Loar. proeertyyshallf be determined mbYat~e went or maintenance of t~_e P -7- 07/2 Li 0d 14:00 $;S O:S 759 5017 1'D;("I'R.1 13KG 0121' \'13 f41 Pf 12DC 6l2 ~]009i 025 __` RCC~PTION NO.. 85'lQtk57 Lender to be unsatisfactory, the Borroent osht;se ePrope:."ty~rsuca- duraticn of such default, as managing ag person or firm as from time tc time shall be approved by the sender. 14. Financial Information. Withir> ninety (40) days foilow- irg the end of the fiscal year of-the Borrower, the Borrower shall promptly furnish to the Lender a statement of the financial condi- tion of the Borrower including balance sheets, financial and operating statements, showing, inter alia,tor~e operation oflthe and revenues and expenses wig`s. respect property during such fiscal period, and in form.. and containing such infarmatior. as shall be satisfactory to the Lender and pre- nared in accordance with generally accepted accounting'pr_nc=ples f; the Borrower's Representative and, if Lender and certif_ed by shall require, by an independent certified public accountant. Such a statement shall show (together with other pertinent information, all rents, profits an~ofitsoandrincomedpaid intexcess of the property including rents, p of minimum rentals or payments called for by the respective leases or Contracts. Lender shall he entitled to inspect, audit and to make extracts from the records and books of account which shall be prepared and maintained by Borrower, in a manner satisfactoryte Lender, at the Property or at such other place as shall be satis- factory to Lender. At the written request of Lender, rt onwof shall cause any person or entity liable for all or any p the indebtedness secured hereby from time to tiersone orb entity Lender an audited financial s~atement as to such g within the same ninety (90) day period required above on an annual basis. 15. Uniform Co:,~mercial Code. When and if Borrower and Lender shall respectively became the Debtor and Secured Party in any Uniform Commercial Code Financing Statement affecWayBconnected either referred to or described herein, or in any with the use and enjoyment of the Property, this Deed of Trust shall be deemed the Security Agreement as defined in said Uniform Commercial Code and the remedies for and violation of the coven- ants, terms and conditions of the agreements heeneralcolaw,nor shall be (i) as prescribed herein, or (ii) by g _ (iii) as to such part of the security which is also consecyences said financing statements by the specific statstory 4u ziow or hereafter enacted and specified in the Uniform Commercial `''"`Code, all at Lender's sole election. Borrower and Lender agree '".that the filing of such financing statement in the records 4:..,normally having to do with personal property shall never be con- - strued as in anywise derogating from or impairing this declaration and hereby stated intention of the parties hereto, that everything '~':IlSed in connection with the production of income from the Property ~,,^(furniture only excepted) and adapted far use therein and which is ';described or reflected in this Deed of Trust is, and at all times ~artd for all purposes and in all proceedings hoth legal or equit- ""'' able shall be re arded as art of t`_se real estate irrespectwe of ~` whether (i} any suds item is phys'ca'--'l.r attached tc the improve- ~~F_.: -8- RECEI'TIUN N0. 85't01457 menu, (ii} serial nu.-abers are used for the better identification of certain equipment items capable of being thus identified in a C1 recital contained herein or in a list .filed with the-Leader, or (iii} any such item. is referred to or reflected in any such financing statement so filed at any time. Similarly, "the ment'_on r in any such financing statement of (1) the rights in or the pro- s, seeds of any fire and hazard insurance policy, or (2} ar_y aware i^. eminent domain proceedings for taking or for lcss of value, or (3) the debtor's interests as lessor in any pr=_sent or future lease or rights to income growing out of the use and occupancy of the Froper'`ry mortgaged hereby, whet'~er pursuant to lease or cther.~ise, sha'_1 never be construed as in anywise altering any of rights of ;Lender as detersined by this instrument or impugning the priority `of Lender's lien. granted hereby or by any other recorded docu- ments, but such mention in the financing statement is dec'_ared to be for the protection of the Lender in the event any court or judge shall at any time hold with respect to (1}, (2} and (3} that ~ notice of Lender's priority of interest to be effective against a ,~, particular class of persons, including, but rot limited to, t're Federal government and any subdivision or entity of the Federal gover:uaent, must be filed in the Canmercial Cade Records. Borrower shall pay for all costs of filing such statements and s renewals and releases thereof and shall pay all reasonable costs '+and expenses, including reasonable attorneys' fees and any record searches for financing statements Lender-may reasonably require, *, incident to the preparation and filing of such financing state- ' menu . 16. Assianment of Rents. Harrower does hereby assign and "set over unto the Lender as additional security for t'~e indebted- ness and other items herein secured, aI1 rents, issues, profits, • and income generated through the use by Borrower or others of all for any part of the Property, as well as the proceeds of all of the foregoing. Borrower does hereby appoint the Lender its attorney- ~.in-fact to cellect said rents, issues, profits, and income with or ^without suit and apply the same, less expenses of collection, to the said indebtedness, other secured ite*as and repairs, in such manner as ttte Lender may elect; provided, however, that until there be a default under. the terms of this Deed of Trust, Borrower may continue to collect and enjoy said rents, issues, profits, and income giving only an annual accounting to the Lender for the `:same. This assignment of rents, issues, profits, and income, and nawer of attorney shall be irrevocable and shall be in addition to ..the other remedies herein provided £or an event of default and may be put into effect independently of ar concurrently with any of .said remedies, but no liability shall attach to the Lender for 'failure or inability to collect any rents, issues, profits, income °".and accounts receivable herein assigned. Assignment, lien, and power of attorney shall apply to all rents, issues, profits, and income, and the proceeds of the same hereafter accruing from 'present contracts for deed, purchase agreements, option agreements or leases and rentals of the Property and from all contracts far deed or purchase agreements, option agreements ar leases: and ~ rentals hereafter made or conducted by the present or any future -9- • RECEPTIOi~i N0. 8510'1457 ,,; :~; owners of the Property, for purchase or sale of provisions and condition i and any persar.s entering into contracts the Property sha'_1 take subject to ail s hereof. 17 .. Euture Advances. Ia addition to the Loan Agreement and +„y3e Note referred to hare.in, this Deed of Trust si'iall also secure future advances made by the Lender to t:`~e Borrower, which future advances shall be at t.`~e ` option of the Le^.der; however, the maximum principal amount secured by this Deed of Trust shall never exceed twits the stated principal amount of the Note. All such future advances shall be made within the time limit authorized by Colorado law far making valid future advances with interest and all indebtedness created by virtue of such future advances shall be an3 are secured hereby. All provisions of this Deed of T=ast s;~all apply to any future advances made pursuant to the provisions of this paragraph 17. Nothing herein contained shall limit t~!e amount secured by this Deed of Trust, if such amount is increased authorizedsfordthe protecLioneofathehsecurity ofhthe Lenderded and lg, Other Documents. The Borrower hereby acknowledges t.`'iat certain other documents or instruments have been, are being or will be submitted by or for the Borrower or executed by the Borrower or by the Borrower and the Lender in connection mWSrepree Loan evidenced by the Loan Agreement and hereby. Any sentation in or default under any of said documents or other instrument executed in connection with the Loan secured hereby on even date herewith or hereafter shall be and constitute a default under this Deed of Trust, the Loan Agreement and the Note secured hereby. 19. Release of Liability. Without affecting the liability of any party (otl`~er than any party released pursuant thereto) for payment of any indebtedness secured hereby, and without affecting the superiority or validity of the lien hereof upon any Property not released pursuant thereto, Lander may at art,yr leased dism time to time, without notice, in whole or in p charge, or modify the obligation of any party liable for payment of any indebtedness secured hereby, or extend the time for payment for such indebtedness, or agree to alter any other items of payment of such indebtedness or accept additional security of any kind ar release any Property securing such indebtedness or consent to the making of any map or plat for the creation of an easement ~., thereon or otherwise. ~~~ . 20. Limitation on Citv Liability. No agreements or provi- sions contained in the- Loan Agreement or this Deed of Trust par any agreement, covenant or undertaking by the City contained in -:~ any document executed by the City in connection with the Project ,. shall give rise to any pecuniary liability of the City or a charge against its general credit or taxing powers, or shall obligate the ".City financially in any way except with respect to the Project and ';; ?, the application of revenues therefrom and the proceeds of the ~~u: Hord. No failure of the City to comply with dry ter3, ccndition, -10- Oi/21/94 i4:n4 ~soa is~3 :,oii cRi~ ~-~ ~~n wirr ttu~, iaiz ~~ [djot2,ro2s REL'Ef'TION ~O. B~`109457 covenant or agreement contained ir. the Loan Agreement s'r_alI subject t''le City to liability for any claim far damages, costs, or other financial or pecuniary charge except to t`le extant that '~.i~e same can 1~e paid or recovered frcm the Project or revenues therefrom or proceeds of t`le Bord; and ro execution on any claim, demand, cause of action or judgment snail be levied upon or collected from the general credit, general funds or taxing powers of the City. Nothing contained in the Loan Agreement or hers_n shall preclude a proper party in interest from seeking and obtaining specific performance against the City for any failure to Comply with any term, condition, covenant or agreelent contained in the Loan Agreement; provided, that no cost, expenses or other monetary relief shall be recoverable from the City except as may be payable from the Project or its revenues. 21. Intervening Liens. Any agreement hereafter made by Borrower and Lender pursuant to this -Deed of Trust shall be superior to the rights of the holder of any intervening lien or encumbrance. 22. Compliance with Laws. The Grantor agrees to promptly cemply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments or agencies thereof, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Property or to the use or manner of use of the Property whether or not such law, ordinance} order, rule, re snrovementsreprovidedt shall necessitate struc..ural changes or however, that Grantor shall have the right to contest any such matters provided that Beneficiary is given such reasonable security as it shall require in connection therewi`,.Y1 and provided that Grantor shall promptly comely with such law, rule, ordinance, regulation or requirement at such ti.'ne as the same is judicially deter_ained to be solid or Beneficiary reasonably determines that failure to comply therewith materially affects the operation or .the Property. 23. Use of the Property. The Grantor will not use or cause to be used the Property in violation of any condition, reservation, covenant, restriction, consent or reverter regarding the property. 24. C`lanae of La*a Af°ectina Deeds of Trust. T_n the event of _. ~ ',,:the enacting after the date hereof ox any laws xor the taxation of ~,~ ;;?':.'deeds of trust or debts secured by deeds of trust, so as to affect 'adversely the rights of the Beneficiary, any such tax shall become '": the obligation of the Grantor and shall be timely paid by it. In the event any such law prohibits Grantor's payment of such tax or ~. ..charge, then Beneficiary, at its option, may declare the entire "`'' "ti. .".indebtedness secured hereby to be .due and payable sixty (60) days ;;~ ~ ,:after written notice to Grantor. -11- /21/94 24:05 ~~~ RP + ~-+ 1'(3 VV'II'i' ~EPTION CFO. 85iD~{457 25. Coved S- 011/025 (a) Representations ar_d Warranties of Grantor• Ci} T?ra.t this Doted of Trust, the Nate, and all other Loan Documents executed and delivered to Beneficiary concurrently herewith were executed in accordance with the requirements of law aartiesy orheentities nexecut? glnsand obliga..ions of the p documents, enforceable in accordance with their to='ms. (ii) That the execution of this Desd of Trust, the Note, and any other Loan Documments executed and delivered to Beneficiary concurrently herewith, and the full and ccmplete performance of the provisions thereof, is authorized and wil 1 not result in any breach of, or constitute a de_ault under any agreement to which the parties or entities executing the same are bound, or result in the creation of any lien, charge or encumbrance (other t'~an those contained herein or in an instrument delivered to Beneficiary concurrently herewith) upon any property or assets. of Grantor. (iii) That save and eXGra~tore~astsnecified assessments which are to be pa_d i?y herein, Grantor will not create or suffer or permit to be created, subsequent to the date of the execution and delivery of this Deed of Trust, any lien or encumbrance upon the Mortgaged Property, other than 'the Permitted Encumbrances. (iv) That as of the date of execution of this Deed of Trust, Grantor is the legal and beneficial cwner of the Property. 1~ (b) Further Encumberanceo~•anyTinteresttthe_°in,etr-rough .the Property or any part thereof, :pan obligation secured by a lien on the Property which is 'u~ nior and subordinate to the lien of this Deed of TrusP on to Pan e art The Grantor covenants not to encumber the Pro erty Y P thereof, or any interest therein, through an obligation secured by alien on the Property which is on arit with. or superior to the lien created by this Deed of firust. (e) Extensions and Modifications. From time to time, ~`~+aithout affecting the obligation of Grantor and/or t2•.e makers of ~'%~'~the Note to pay the sums secured by this Deed of Trust and to -:~~rr- observe the covenants of Grantor contained herein, without af'fecting the guaranty of any person or entity for payment of the •'•>,".indebtedness secured hereby, and without affecting the lien ~~ •'~'rpriority of lien hereof on the Prcperty, Beneficiary may, ;Beneficiary's sale and exclusive option, witYlout giving notice to ~4x,obtaining the consent of Grantor, Grantor's successors or 'assigns or of any junior lienholder or guarantorsfarana wentoof '~uliability on Beneficiary's part: extend the time P Ym .; said indebtedness or any part thereof; release arycne li~bie on _12_ Oi /'L L/94 L • RF_CEP'rION N0. 85'109~.B7 notes therefor; accept a renewal note or ess; release ert of said i-~Laentear. ~ said indebtedness; take or release anY °` ne te,•-nls and time of PaYn c f t`_~.e PropertY% _ ~odi~Y t f Trust any part Hart os the Property, prom this Deed Q reconvey ary extension cr other or add~tie gal securi¢tfyar easement; join in anY ran"yng + Y Grantor shall pay Beneficiary a consen~ to ether with such title insurance ;subordination of interes..• ie service charge, tOg be incurred at Beneficiary's 'reascnab.. e s fees as may Grantor's request. '.Premiums and attorn Y ,,option, for any such action if taken at ~ 26. General Provisions. _ w., n°TO<; c' ar•7 or Protectcr ,. ;,.u.._ Per_orinan<;= ..• -- or pe:._.,,._. (a) Su~,st..+ +' Should Grantor rail to paY. ,s Security. +;on ar proceeding is commenced f:.af Beneficiarv ac __ ~l tn.ereto or the red hereul-sder cr anyDroperty or ti,. e +when requi- affects the including, but no-~ limited tc, wwhich materially therein, ements or prcceedings ~•interest of Beneficiary or arrang domain, insolvency, ;. ::eminent which Grantor fails to BeneficiarynsmaY, bus involving a baaicrupt,F f the Beneficiary, of its behalf and on behal~ o- and to the.adecuacy ~~-shall not be obligated to, withaLt reg to declare a default `'.security and w~,thouz Prejudice to its right = earances, dishurso such sums andt~ap=otect ~,;yhereunder, make such app de_ms necessary as Beneficiary reasonabloing right shall include, but °action fareg amounts which Grantor Beneficiary's into=est. The 7"° not limited for anY attempt to collect anY with ay from the Guarantors, anY disbursement of attorneys entry upon the Property to complete construction, y 38 he_-of• k,~, failed to p in Sect'on r° The '"_5 gees and as provided tax assessment or such notice to Grantor an delinquent payment by BenefeciaQ any lien ar encumbrance oricanyeznsurance ;: governmental charg , ht be prior hereto, ravide which Grantor is obligated to Pas not in good faith believes mig in good faith believes h ~,:: premium for insurance artier as to the i"~°" hereu.Zder but which Benef~.cs.ary ated to all ~~''`= shall be conclusive bey=hall beesubrog • ;;,:,been supplied, aid. Beneficiary such expenditure. `;,legality and amount p discharged by anY action is :;.'rights, ea_uities and liens whether or notfaTrust or the ''"S ,After any default hereunde=ovasion of this Deed o_ to Beneficiary anY reasonable sums ;,';instituted to enforce anY P for attorneys' fees and ~~'i Note, Grantor promises to paBeneficiary amounts so ood faith hY Any ~~"~`. rincurred in g tyje cost of such °-~costs to enforce this deed °aragraph +26~e or °.enses incurred by ~~c;:;"'' laid pursuant to this. P erformance, and - ~'•'~,~, ,;performance, together with all cos~savmedte or p such P ated to ' r:~8aneficiary in connection with Y specifically oblig ~.,,,;'i:~; which Granto- lursuant to provisions heranfa ,:,any amounts for or Trustee p such amounts • "reimburse Beneficiary e then current reasonable attorneys' fees and interest oabove tYi default Rate of three Percent ~3~~ hteen Construction Period Interest Rate of Permanent Period Interest, as •~~=.F Y` but not less than e14until 'pplicahle, as defined in the Note,° aid by Beneficiary ;,',percent (la%) per annum from the dat_ p to Beneficiary ., %< .Leonid to Beneficiary, shall be oaYable od hyatylis Deed of Trust. ~' Without further demand and s a_- be sacsr_ r.e.:. .. -13- 14: qK $;S O:S i 59 SU 1.7 l'IiC'fK.\ 13KC (;K I' ~ _\'13 8'II'(' NUG GIi rQ.J 01 Si 025 RECL-P7IOt~ N0. p;,'i09457 y (b) A'aendment. No alteration or amendment of this Dand of Trust or the hall be effective wnless in wr'~ing '~ s~gred by the parties sought to be charged or bcund thereby. ' (c) Governing Law. This Geed ocvernecl bndand~construed of performance ar_d construction shall be g Y in accordance wi u`: the laws of t.~ie State of Colorado. (d) Cost of De~endina T~tie r° Nto an~eactioreaffectng is made a pa-~Y r Grantor a re_s the event the Benef~caary this Deed of Trust er t-'1e tatlitsocntionPrdeeendrsuch actiong and that the Benefic_ary may, elects to defend, all ccurt ces~ and in the event the Bereficary including, without limitation, reasonable expenses t__e_eof, reasorabertattos a11'becomeandr~ebt=_dnessofhereundere ar_d tsecnred the P_op Yr hereby. (e) Subsequent Q\,mers. Subject to Beneficiary's rights hereunder, in the eventF 'the ownership cf oreion pt~eYeof~,eshoubd the lien of this Deed o,. Trust, or any p become vested in a person or entity other than Grantor, such other person or entity by taking title tc the Property assumes and agrees to pay the indebtedness hereby secured and further agrees to perform or cause to be performed each of the covenants, terns conditions and warranties ccntained in this Deed of Trust as fully as if such other person orl~itationsdonrpersonal recourses tThe Deed of Trust without any Beneficiary may, without notice to the Grantor, dear with such successor or successors in interest with reference to this Deed of Trust and to the indebtedness herebwayelimiting oredischargingrthe with the Grantor w_~hout in any Grantor's liability hereunder or upon the debar~eofbyt~.ecusecuri y sale of the Property, no release of any p described herein or of any person liable for any indebtedness secured hereby, and no forebearance on the part of the Beneficiary ''` in connection with the Loan Agreement or the Promissory Note and no extension of the time for the payment of the indebtedness hereby secured given by the Beneficiary shall operate to release, discharge, modify, change or affect the original liability of the Grantor either in whole or in par t• F; tion 27. Waiver. No failure of Lender to exercise any oP r;-therein given to declare the maturity of the debt hereby secured ,~;-'shall be taken or construed as a waiver of its right to ~eTast~ r`auch option ar to declare such maturity by reason of any p `,.present, or fut.ire default on the part of the Borrower; and the '*~procurement of insurance or the payment of taxes or other liens, xlabts, or charges by Lender shall not be taken or construed as a Otaiver.of its right to declare the maturity of the indebtedness ereby secured by reason of failure of Borrower to procure such '.insurance or to pay such taxes debts, liens or charges. The lien ""of this instr•unent shall remain in f".~''_ force and effect during -14- 07/2i/94 14:09 $10a i59 5017 s +- any postponement or extension o~ ,.,.me future advancesbmadeehereundeed hereby Y6_e'll'I' I2DC I3R _ _ C~OLU;'U25 RECEPTION NQ. @5'10`1k57 of payment of any part or and during the tern of ary 1' zg, ExemAtions. The. borrower hereby agrQ~san°t exemption cr ------ or dower laws, Y claim the bene=~t of a °urteSyclaim o'_ t_he Lender, for any sum of insolvency laws against any' able to it, under tale covenants money which may become due anzeement, the Note, or of this Deed of and agreemer_ts of the Loan ~g Trust, or any other i.-istrument ud°uen~gsoughtNthereon, a111oftsaid securing of execution of any j gm rights and exemptions being hereby ems'-"essly waived. I 29. Default Provisicns. (a) Events of ',Default. Any of the following shall constitute a "default" hereunder: (1) The failure to pay, in full, any Pay'=Vent required hereunder or under the Note or ary other instrument securing the Note within ten (i0) days after the due date thereof; (2) A Petition in BankruptcyYor fYr Reorganizatioo~ or for an 'arrangement unde_ an banic~-uptcy insolvency law or for receiver °r Grantor; for aif of its properties is filed by Petition iniBankruptcy or for Reor~cnioTt~solvency an arrangement under any hankrup Y law or four Receiver or .Trustee of a_*sy of the propertieslis filed against Grantor which is not dismissed ithin thirty (30) days; or if a Receiver or Trzstee~ of any property of Grantor is appointed and is not ;discharged within thirty (30} days; or if Grantor makes an Assignment for the benefit of creditors or admits in writing its inability to pay ~-`' its debts;' or if Grantor be adjudged insolvent by < any state or federal court of competent ,;.;,. jurisdiction; or if an attachment or execution is ~` levied against any substantial portion of the ,;', . `tlGt~ property of Grantor which is not discharged within °icr, thirty (3019 days; '`"° (3) The insolvency of the Grantor or the executien .A, .n" by the Grantor of an assignment for the benefit of ~y; creditors; Jr:y h., ti: ~~., <: (4) If Grantor shall be in defo~het LoanrDacumentse ~;;. and/or Loan Agre_ment or any erformance or or if Grantor shall default incovenant, condition, observance of any other teas, '~.~~- or obligation contained in}~this,De~dn °I'T azYs •}~'° which default is not cured w~r..~..- ~-- ( ) .~,~ H ~ ~ ~ a*_v of written after Grantors receiPv frcm .,ene_:.c- w -15- !,;~. RECEPTION N0. 8510~T457 notice u'~ereof; provided, however, that with respect to any non-monetary default, if such default cannot be reasonably cured within fifteen (15) days, ther. so long as Borrower commences all rl~cessar~ curative actions within such fifteen (15) day ger~,:c: .... _ is dili5~rt?~:;: ~;s~ros~ :~~szg . such curative acticn to completion, Beneficiary shall not declare a default hereunder; {5) The suffering or permitting another persor. or government or covernmental agency to acquit=_ possessior. of, any interest in, or any lien upcn, ary of the ?ronerty which is ir_consistent with Beneficiary's rights hereunder which is not removed or remedied within fifteen (15) days; and (6) Beneficiary dete~nining that any representatior. or warranty contained herein or any representation to Beneficiary concerning the financial cor_dition ar credit standing of either Grantor or any third party obligated to Beneficiary under any agreement guaranteeing performance of any of the obligations of Grantor referred to herein, proves to be materially false or misleading. hr. (b) Remedies TJDOri Default. At any time after a default hereunder, and after the expiration or any applicable grace period, Beneficiary may {if it has not already done so purs•~art hereto or to the ISote), at its opticn, and without further notice or demand, declare all indebtedness secured hereby immediately due and payable, and irrespective of whether Beneficiary exercises such option, it may, at its option and in its scle discretion, without any prior notice or demand to or upon Grantor, do one or mare of the following: (1) Beneficiary may enter upon, take possession of, manage and operate the Property or any Bart thereof; complete construction and/or make repairs and alterations, and do any acts which Beneficiary deems proper to protect the security hereof; and either wii~.h. or without taking possession, in its owr. name, sue for or otherwise collect and receive rents, issues, and profits, including those past due and unpaid, and apply the same less costs- and expenses of operation and collection, including reasonable attorneys' fees, upcn any indebtedness secured hereby, and in such order as Beneficiary may determine. Upon request. of Beneficiary, Grantor shall assemble and make available to Beneficiary at the Premises any of the Property which has been removed therefrom. The entering upon and taking possession of the Property, the collection of any rents, issues and profits and the application thereof as aforesaid, shall not cure ar waive any default theretofore thereafter ecc-.L:riag, ar off=_ct or any -_ -I6- ta: i z Laos 7sst ao t7 vrc°ran gKC riti~ ~ ~'ii_ ivu~r ieu~; RECc1'TION ~0. 85.10'f 457 notice of default here•.utder or invalidate ary act dene pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and application of rents, issues or profits, Beneficiary shall be entitled. to e=•:a_rc~s~_ Lavery right provided for in this Deed of firust or by la~heu=onh~r`oaexercise occurrence of a default, including g the pcwer of sale. Arty of the actions referred to in this paragraph may be taken by Beneficiary at such time as Beneficiary is so entitled, without regard to the adequacy of any security for the indebtedness hereby secured. (2} Beneficiary shall, without regard to the adequacy of any security for the indebtedness hereby secured, be entitled to the appointment of a receiver by ary court having jurisdiction to take possession of and protect the Property, and overate the same and collect the rents, issues and profits therefrom and to do all things necessary to protect the profits therefrom and to de all things necessary to protect the Property. The receivership shall, at the option of the Beneficiary and subject to order of the court, continue until full payment of all sums hereby secured, or until title to t<ne Property shall have passed by foreclosure sale under this Deed of Trust and the period of redemation shall have expired. (3) Beneficiary may elect to cause the Property or ary part thereof to be sold pursuant to the power of sale granted herein and/or foreclosed in acccrdance with the laws of the State of Colorado: (i) At Beneficiary's election, any personal property included in the Property may be sold in accordance with the provisions of the Colorzdo Uniform Commercial Code; ~~ (ii} All real property included in the Property, and personal property, if Beneficiary elects to proceed against personal property as if it were real property, shall be sold by the Trustee acccrdir_g to the laws of Colorado as respects foreclosure against real property. The Trustee shall give notice an shall conduct the sale in accordance with the laws of Colorado. Beneficiary or Beneficiary's designesaleY purchase any of 'the Property being sold at arty Beneficiary shall be entitled to collect alI reasonable costs and expenses incurred in pursuing the remedies provided herein, including, but 'not limited to, attorneys' fees and costs of documeplaryheegYOCeedsaof title evidence. The Trustee s~all app Ytc ail casts and the sale in tir_e following or~er: ~( )} limited to the expenses of the sale, „~'-owing, bum no~ -17- RECL-I'TION ~f0. g5'1g'1~r57 Trustee's and attorneys' fees and cosmos of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. .~. (c) Foreclosure Purchase, Uaon any sale of the Property, ~' whether made under a power of sale herein granted or pursuant tc fr!, judicia'_ proceedings, if tre holder of the Note is a purchaser at such sale, it sha'_1 -be entitled to use and apply all or ary portion of the indebtedness then secured hereby for or in settlement or payment of all or any portion of t'~e purchase price y~', of the prcperty purchased, and, in such case; this Deed of Trust, ``''~ the Note and docu.~tents evidencing expenditures secured hereby shall be presertec to the person conducting the sale in order that the amount of said indebtedness so used or applied may be credited `: thereon as having beet paid. "':• (d) Cumulative Remedies. No remedy herein conferred upon or ~,~ reserved to Tres wee ar Beneficiary is intended to be exclusive of >i". any other remedy herein or by law provided, but each shall be ~,~~ cumulative and shall be in addition to every other remedy given `'` hereunder or now or hereafter existing at law or in eq~~ity or by statute. Every power or remedy given by this instrument to a Trustee or Beneficiary, or to which either of them may be ` otherwise entitled, may be exercised from time to time and as often as may be deemed exaedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. If there exists additional security for the performance of the obligations secured hereby, the holder of the Note, at its sole option and without limiting or affecting any rights or remedies hereunder, may exercise any of the tights and remedies to which it may be entitled hereunder either concurrently with whatever other rights. it may have in connec~icn with such other .security or in such order as it may determine. 30. Release Provisions. If and only if all of the secured .indebtedness is paid ar~d all of the covenants, warranties, undertakings and agreements made in this Deed of Trust and all of q;• the Loan Documents are kept and performed, then all rights under this Deed of trust shall be released by the Beneficiary in due form at Grantor's cost. No release of this Deed of Trust or the lien hereof shall be valid unless executed by the Beneficiary. 31. Costs and Attorneys' Fees. In the event the Prcperty or any .part thereof becomes the subject of or involved in any fore- =closure action or court proceeding (including any bankruptcy case or proceeding}, the Borrower shall pay and reimburse the Lender for all costs, charges and expenses, including reasonable attor- neys' fees, and fur',.her including those on appeal, incurred by the Lender in connection with er growing out of such action or proceeding and aI1 such costs, charges, expenses and attorneys' ~E'ees shall be secured by t<'~e lien of this Deed of Trust. The .Borrower agrees to pay all such costs, charges, expenses and attorneys' fees to the Lender promptly. The Bcrrower will pay all -18- ,~, l Y.; o7iziisa rata ~so:~ss sots vscTa:~ isnc rai:.•-,,. vn we•r aoc oa ~nzo:ozs .~ acc~~rlor~ uo_ asno~~s~ .,. - costs, charges and expenses including reasonable attorneys' fees, costs of abstracts of title, title searches and agpraisais, ~ /, incurred or paid at any time and f 11 enaP form at he agreements, and `fit ~~' of the Borrower to prompt_y Y P-- ,t, ~,;.,, covenants of the Note or this Deed of Trust or of any other instrument securing the D7ot° or ex cuted by the Borrower in ~~:: •'~ connection with the Loan evidenced y the dueteand 6=table Sand ~; charges and exgenses shall be inured ately P~Y ~'~~:~: the lien of this Deed f Trust. Said reasonable ~~^° secured by '' attorneys' fees shall include any such incurred or expended at any time by the Lender after any default by the Borrower as specified_ above even if incurred pricy to the c mmencement of any action or +~`, otherwise, in the foreclosure of t~is 'Deed of Trust or the `~?~, collection of the amount secured herby. The obligation tc pay Lender's costs, exgenses and attorneys' Pees shall include those "~' costs, expenses and fees incurred by Lender in seeking to collect `'~°. or enforce any judgment entries on the Note, this Deed of Trust or any other instrument of security, viand s uch obligations shall :~;.jr a~'" survive the entry of any judgment upon the Note or this Deed of '..;;; :;f Trust and such obligation shall not merge in such judgment or °~'~'' judgments but shall survive and co time until all debts and obligations evidenced by the Note, thzs Deed of Trust ar any other n~~ instruments of security, and any judgment or judgmen_s entered `'~ thereon ar fore'closure thereof are enforced, paid and satisfied in i >,~.. 32. Transfer of Property-. If 11 or any part of the Prog- erty or any interest therein is sol~ or transferred by Borrower (or any subsequent owner of the Property) without Lender's prior written consent, which consent may be~arbitrarily anal capriciously withheld, Lender may, at Lender's option, and without notice to Borrower, declare all sums secured ~y this Deed of Trust to be immediately due and gayable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person or entity to whom the Property is to be sold or transferred reach agreement in writing that t~e credit and other factors _ required by Lender (including, wit~sout limitation, experience, principal location of person and ~~gast credit performance)- is satisfactory to Lender in its sole discretion and that the interest gayable on the sum secured }~y this Deed of Trust shall be at such rate as Lender shall request. in its sole discretion, and • at closing such person shall assum~ in writing the indebtedness secured hereby and the obligations et forth herein, and execute pp~.~,, such other documents that,Lender mayreasonab ly require. ~: l'~J.µ. ~ '.. . "~~'`'"'~~ 33. Other Limitations. In addition to the limitation set forth herezn, Borrower agrees that he following events shall not ' occur on or after the day and year fist above written without the prior written consent of Lender: (a) transfer of beneficial "interests in Borrower or any subsea ent owner of the Progerty (if Borrower, or such subsequent owner is not a natural person or .'persons but is a corporation, partnership, trust or other legal entity} by Borrower (or any subsequent owner of the Property); (b) conversion of the Progerty intq a cpngregational form of i I - s ~ f ~:, ,. ,.y +~~ RECEPTION N0. 85901457 ownership; (c) sales or leases of i Yt r`~a~d)o~~nvers~ori'oftthe ~~ sharing of all or any part of the prope_ [, e either the property into condominium f 6a k °f- ° Wheat 1pRidge) is or are Borrower or International dyscualified to do bus~nPror.e n 'the S v3 stenceConotheodate o~) this use or operation of th. ad in by Borrower on the Deed of Trust, or the business enyay Trust, is changedr property on the date of this Deed o£ discontinued or terminated. If any of such events do occur, such shall be deened a default und~e~ to~ac~lerat Tthetmaturityeofethis pr holder shall have the rig were due and payable en the day Deed of Trust as though it a ent in full of t`:e said following such default and to demand p Ym Note or any unpaid balance- thereof, and to exercae all rigt!ts, remedies herein or by law reserved to the Lender the same as in any event of default hereunder, anything contained in the Note secured hereby or herein to the contrary notwithstanding. T e is a commercial Borrower acknowledges that the Loan secured hereby loan and that Lender is making such Loan ~~ol Bo Deeed of °TrustybQt the basis os" the collateral secured by all of the Property likewise on the basis of the BO Accord; og1y,9 Borrower agrees that during the terms of sa_d Loan• era rah 33, and in paragraph 32 limitations contained in teons P ued against the Borrower and 'n hereof shall be strictly of such limitaticns shall favor of Lender. Any default under any eo ardize the be non-rebuttable and conclusively presumed to j p security and collateral of Lender for i e11a~ en rd cisions sse may defined and construed under Colorado app exist from time to time (but without ary expressed or implied consent or waiver that state law rathe olication eoflthewforegoing applicable in the cons auction and aP. provisions}. At the option and in the sole discretion of Lender, federal regulatory or statutory law as affects "due association "due on encumbrance cl~us andw controlatratherothannColorado law, is the lender sha11'aQPher provision contained in this Deed of irrespective of any _." Trust to the contrary. 34. Procedures of Claims, Awards, Rents and Sales. All monies, other than proceedsinf extinguishmenta of oche tindebtedness of title to the Property secured by this Deed of Trust, which are paid to, collected or received by Lender in connection with or as the proceeds of insur- ance loss claims, condemnation awards, rents, leases, or salpiied a;.;'provided -under the terms of this Gent of Lenderssacosts includ- Y' by Lender as follows: first, to p Ym ing any advances made by Lender and a1I expenses, real estate . commissions and attorneys' fees incurred therewith;. second, to payment to Lender of interest, at the rate set forth in the Note, Dn's.aid costs from the date of such expenditures; ,and third, at ;`'option of Lender to (a) restoration or repair of the Proprincipal applicable, or {b) to payment of int~rest due orincieaP indebt- "indebtedness, and the remainder, if an to the p P edness secured by this Deed of Trust. Unless Borrower and Lender -20- ;, ~:., RECEPTION NU. £i 5'tot4:,7 otherwise agree in writing, any such application of proceeds to principal shall not extend ar postpone the auandd Zt he o ortor installment payments referred to in paragrap •. change the amount of such installments. Nothing in this paragraph shall in any way affect the 't'enent ofhtheDe.eaireLhalance of the ". liability of the Borrower for Paym indebtedness secured hereby• 35. Foreclosure by Trustee. Upon Borrower's default under the terms o£ this Deed of Trust and acc f le taoNoticehof lEgiact~on Hess as provided in herein, Lende_ may and Demand for Sale with the Trustee as provided by Colorado law. The Trustee shall upon receipt of such Notice of Election and Demand for Sale cause a copy of the same to he recorded in the Clerk and P.ecorder's Office of the~County in which the Property is situated. It shall be lawful fo r the Trustee td foreclose this peed of +rarcelsdasethe Trustee may think be t,eand all theerightn separate p title and lublicsauction at the front dooryofsthe Cou~thousegin ther..in, at P the County in which the Property herein descrbeespecified tih~the on said premises or any part thereof as 'may t3atice of Sale, £or the highest and best price the same will bring in cash. Four weeks' public notice shall be given prior to the time and place of such sale, by advertisement, weekly, in some newspaper of general circulation at the time published in the County in which the Property herein described is located, or by such other notice as may then be required by Iaw. A copy of the Notice of Sale shall be mailed within ten (16) days from the date of first publication thereof to the Borrower at the address given in this Deed of Trust and to such persons or entities appearing to have acquired a subsequent record interest in the Property at the address given in the recorded' instrument. If only the County and State is given as the address, then such Notice shall be mailed to the County seat. The Trustee shall issue, execute and deliver to the purchaser ar purchasers of such Property at such C lorado certificate or certificates of purchase as required by Iaw. The Trustee shallr upon demand by the holder of such certificate or certificates of purchase, issue, execute and deliver to such holder a Trustee's Deed or Deeds, unless the Property shall have been redeemed prier thereto, all as provided by Colorado law. 36. Proceeds of Sale. IfQ this ~ edudicial £oreclosure,oand through the office of the Trust..e orb j the Property is soldr the Trustee, or such other authorized • official, shall apply the proceeds or avails of such sale as ..follows: first, to the fees, charges, costs and exaenses of • r~akin said sale, including, without limitation, reasonable attorneys' £ees herein provided; second, to the payment of taxes, insurance, assessments or other sums the Lender a r in gcarh~ingrout "'the cote, may have paid or become liable to p y toe terms and conditions of this Deed of Trust, together with int2rest at t::e ra`>_ set fort`: in the Note; and thir3, payment to -21- 07/21/94 14:18 $101 759 5017 ~'ECTR.1 BKG CRP >->-~ (!13 w11T RllC 6t2 C~023i 025 • R~CEI'TION N0. 85'109457 Lender or the lecal holder of the Note the principal and interest ^ i the Note• The balance of such prcceeds, if any, shall be /~ Y paYednto junior lienors and then to the owner of record as of the Y the foreclosure sale. if a release of deed of trust is day of the Borrower agrees t~ pay the exaense thereof. required, G days upon 37. Amoun~ t~e'wi thin Ben r(103 ~ d Ys huPon 1request by mail r request in person or acknowledged of the amount furnish a written statement du Y will Trust and whether any offsets or defenses due on this Deed of Deed of Trust. exist against the Note and errand or request that is Notice. Any written noticer d under any other 38. _~_. erson or required to be made he_e'under or under the `o e eceipt requested, ~ 'for the Note shall be served in P instrument of secoTricertified mailr r_turn r by registered to be served at its address sat forth addressed to the party below: Corporation 6dadsworth Building Borrower: 7381 Y7est 38th Avenue, 0033 Wheat Ridge, Colorado 8 Attention: Jahn R. Simmons Vice President First National Bank of Lakewoad Lender: 143 Union Boulevard p, O• Box 281. Station 16 Lakewood, Colorado 86228 licable party by The above addresses may be changed as to the aP_ with notice of such address change as providing the other P;artY rovided, however, so 1o n4 the ,- rovideod alI eor pa~iy Hart of the Property the same manne_ P Borrower is the owner within the Continenta_ In the event that written no tic°_, address of the Borrowrcamust be locate aragraph 38, then United States of Amy the U.S. ' demand or request is .made as provided in the Sender by arty in the event that noitice is returned to ostage, such Postal System because, of insufficienfo~d~nsuffici~heapartyhto whom has moved or otherwise other than writing was initially writing shall be deemed Zze date bthatr such ed by it was addressed on e S stem by the sender. placed in the U.S. Postag Y rovision of this Wherever possible, each P as to be • 39. Sever' e interpreted in such mannany provision Deed of Trust shall b licable law, but if such licable law, effective and valid under aPP hereof shall be prohibited or invalid under app such ;;a~;' provisions shall be ineffective to the extent of Deed of T1rbustjon i ( without invalidating the remainder of or invalidity on_y,, rovisions of this .;.w• provisions or of the; remaining p •~ € •~ I 22- 07/''?L/94 14:19 $301 759 5017 4'ECTR:1 BKG CRP +-» VD tV'HT RDG HR (~j 024/025 • EPTION N0. 85'1x'1457 ' +- of this Deed of Whenever the contex.. Binding EffectYeSr tine terms Bcrrower ansuc essorssrar.3 /~ 4so admits or rem-eLSanai representatives, o~ the singular vy gust the heirs,~,P arties hereto; the usetMe sirgu,a,-; tae ~clude of the respec,.ive P and t.,.e plu~aa ;f used, the term assigns include the Flura_, enders, nL;mper shall tae notes herein use of anY 4ender shaNotencshaelalinclude all Note or Promissory one. ~- ;ned in described if 'mare than ,.anhs con~a_. Headin s The headings of the Parag° are for ccrvenience of reference onlconstrue 41• ~S-~ modify, interpret or .t,~i5 DePB of Trust eof and in na way „nct form a Part her artier hereto. of the F unto ';the meaning that if the Bo?}ower shall PN to or WAYS HOWEVE'-z, in and by said PROVIDED AL rovided Earl well and truly keep, `tyf,e said Lender the moofYT~st and shal_ each and every of this Deed wit,+z and abide by ,-o as ;'Notes and erfarm, comply conditions and cavenanestate hereby opserv? and F agreements, and the the stypulations, thereby then this deedothe~~ise the same shall and when requi„ed created shall aeasfoTCe and effec d voi , 'remain of binding ~ * ~ * * * ~ F~, .. -23- auc • RLCEI'TIOt~ N0. B'~'10'1457 I*I WITNESS WHEREOF, 'the Bo rrower has executed this aut l e Deed of horized ~ written, Trust or has caused the same to ear first above the day and y t ives on representa d Delivered d WADSWORTI: BUILDING CORPORATION an Signed, seale A Colorado Corporation of: ce n in the Prese / / / ~~~/ % / ~ By:~~/ ~ . G Pres~.dent b ~,,(",,ni! By d Secreua~ ;,~~- o i ~. ` i C! } .~p 1~ !'' STATE OF COLORADO } ss. Jla"t ' ....~•++ .,.. } Coun:~ «;;A~~~~~Y" i ,`~n.~~,+,V~k,e ;...,,,.. going ~• +~ ?" o instrument was acknowledged before me d5Lc/O ~~ T V1~ P ~ s ~~!% th • e.~-•-' ~f, ~a~ of 0~~~~r, 1985 by ~• C ia 4n9 '~ ~,C ~~Y I ion expires• ai~i ~°'~ '~ ~~ ss 14iy ~ ~ ~ ~~14 ~ ,/p n v+ "'~~.. ~'oc ~°`~ Notaa•t Publ~e$ U LORADO STATE OF C ~ O ss. I County of ~p~nv52f' }. The foregoing inst~m~nt w e~GYS C ~s ef~ ~~ o~s ~hh~~/dn" ~ day of October 1985 by = ~ ~ ~G Gv~~ a""""7u.f.v'.^• " fission expires: ', ^ "'~'•i.,rg cu ~ ' Not Pub ~ `• .. ?n~M1~ y~' ~.c~. -24- ,.r" •a ~i !/+ r' ~~ m k ~~. . •~1I 0 y •--~... s~u~ tLYL vwow laµlwaum}ae}},ue~y ,,,}I•}soa Itueurded nt _ n'cluch__ M., ltecapNuu Nv_•__.~ _~_ '1'Itt5 I)I.r:u nlnde LIRA 13th • day 'r Jtule lU Q~bettvice^ WtLLli12U G. ('FiVLNS of the Uouuty of Jefferson and Stntc of tlulo- rndu, nl' Lhc I'ir:d plu•t, and W111~SWOlt`1R1 $UTLUING CORP. , n cur[wruLlun urgnuized uud cxlsli N: undo! lunl Ly virluc of Lho ktwN Uf llu•SLuLo ui' ~.10rad[7 Ilf I III` AI'rllllll IIII I'L; t\'IIPNI' h'gid ^Ihll'b NN Li 7391 West 3E3 u1 AVetlue, Wheat Itidye, Colorado 80033. C;Ulli'!'1'Y OF" ..Ifif'ffia2EiiON :> tort; (>rr c: oL..orcnLUl I'tfi:I:;F:P'f7.UN id(S,. !i3[.'if],`'SEil;i17~, 1:16/~?h/ti)(:i "1'la4l.) /i'~ utscuuulslt's srnnu' {CI'I'N ltititili'I'!I,'I'Ivll.lhtt snigl pnrly of the I'Irst prn't, for and iu cnnNidcrntinn of Lhc soot of four ltuudred 'thirty P'ot~tf 'i'housaftd One tlLUtdreci artd no/100 ($934, 100.00)---uol,l.nus to the Nuld potty ul'Uttt 1'irsl port ht baud paid h,y Lhu acid puny oC Ule sa•und poet, the recclpt ts•he teat iA i1BrChy'CUIII'eNHI't1111R1111.'I<IIV1VIl'tl{;'ell, ha grn~u Lud,hnr'iplhrad, avld,nnd convoyed, nllJ hY Lhcse PrescnlA du eS ut•nu L, Lurq'niu, null, convey «nd cuu ffrnt, unto thv snld Unrty of the second Pol•t, Ira successues and nsslgns forever. nil of thu 1lrllux'Blg dexcrihud IoL3 m• purcel3 of fund, nlLuutu, lYing uud bchtg lu thu Uounty er Jefferson and Stulu of Colvrndo, to wit: '1'Itose parcels of. real property set forth acid described on L•;xhibiL• A attached hereto, afld by this reference thereto fu.11y incorporated herein. alAe IA11V\VIt IIN NLI'l.'(.'t Itad IIUI«heC '7391 West 3IItii Avenue, Wlleat Itidye, Colorado. 'ftlt:I:'I'i R'Jt with nl1 nod xingulnr the hlo•edltnmcuts and AppurEcnrumes thereunto Lcluli«iu~ nr In nnywiae nppeel«iniltl:, nod the reversion nod ruvcrsiuus, rvutnindm• and remainders, rmtls, Issues foal prufltA Eltm'eoQ Hurl all the estate, rit;llt, tlUe, iutcrcAt, cAAlm nod dwnnnd wluttsoc vet of tha Anid porLY of the first part, either In Inw m• equll y, nf, lu and to the above Lu rknlne<I promises, with the herediLnmeuts mxl nppurtvnnnces. , 'J'0 II,11'I: ANh'f'(J IIULU Lhe said pre uilses «Love btu'gainetl nod described, with the nppurtcunnccA, unto the snit! p«I'ly<Ifthexl!tea(IIHII't,lt89nl'4l'N9V1'llillt«AAlp.,119fVi'L'Yel'.AltdthQa«IfI[1111'Ey ofEltl'flf9lpllrt,for }linlscl f, }t7.9 heirs, cxvcu Go•s, lllltl at1111 iniAG'IltUl'A, d0 Qr`j CO VCII nttt, (; 1'A at, bnrg«in turd ngrcc to nod wiUt the 9uld puny of Utc secmld port, Its RUCW SAVI'A nod ua9igns, that ut the thus of the eusenliug and delivery of these ptesontn, 1'le 1S well Aelzed of the premEsus above conveyed, us of govd, sure, Perfect, nbsulute and Indolensiblu eslutu of inhcrllanre, in htw, III Cce shuple, trod hnS good right, full power and I«x'ful lullhvrity to grnul, btu'}pthl, Null and cuuvcy the some lu hltuuwr nod form ttA nfuresnld, and that the snore w'c tree nod cleEtr [rum nli former and ul.hor );'trolls, Ira rgnitx, soles, Ilona, taxes, nASeAAateltt9 illld eucumbronces of whole vcr kind or ^nturc Aoevcr,, except general taxes for 1985, nod lhu Whore bm'y:'uined prtnuiav9 lu the t{ulcL IIIId penC ettll pA13Al,'9A111t1 Of the 61L1t1 INtI$y' Uf the second purl, ILA AfICCI'AYVf !11111 SlsA Ig IIA, ugninst all and RVefy pe 1'Ntrll OI' IIL'1'Aa11A lit u•fully clnhoio}t ar to elnim the whole m' Huy port lhcrw)G ibn au id party of thc•!'irst port shall wrd will WAILItAN'1'ANU FUItEVER ULO'liNU. IN R'1'I'N I';Sti SVIlliit F.U F;'1'hu said party of the firer poet IwS hereunto Act his bond ford seal Lhe d«y and yuut• first Whore wrillen. A f.. /~ Signed, Svuled wrd llcllvered iu the I'rvsence of ~ L.r ! I G~ " rd ~ eFi`s -'` ~ ~J~~ SC;AL S LA LJ SI3A1,1 J' ' S'~'A'i'LOII'CULUItAllU, ;.I~ ; •",..'{l;i1l. ;: ; CiL-y~~~sad C;uunt,v ur iletroer •~ul.fn hiq%ieiuyf;}u Ntl'p uLUY1l was ncluunvledged before me this 13tH "' . I , ~or• ,•niS't Yr~"° ,;1,~a..; ~~~,.~ ~ ,t a..r.' ,. IId•uflicinl Acnl. / day ur Jwte `'. ~ ~s~ r+ Il Nn. A52• IL11tIL5kfr lrlil%b'I'll t'nlll'U lth'I'IUN.. I'm I'holoA tool-Ir Itrr n, d, Il uulfnni I•iddkb.iim, I!It,t n'eJ AIIL Avnm<, n.dACn. Pnln, riL.pn"I I+np s1R nr,lA ._ p Rn TOO ~TOO~ Nfl +~N .i.111t fl\ F,-t. ,I>I~ `1v7t1 N711 :)N1 !TOS fiS!, f.O FS7. Lft: ET Pft'77. ,il '~ , Recorded at_ ^~ " ~ ~ Reception No. 1 , ~~ ` _ ~ - ; x~ THIS DF:EFI hindc this 13th dnyo -t~Une , 1N $•f between Wrr.rsnn G. CS?}3QS rauntyof Jefferson rnda, of the first pnrq and S~tDSNARTH BUILDING. n corporal( e%inting under and by rirtue of the lutes otthe State of _- of the second port: a9toxc legal a,ldrnss la 7391 SJest Wheat Ridge, Colorado 80033. __ '~. R'ITNESSF.TH, That the said party ~FOUr Hundred Thirty Four Thousand One to [he said party of the first part in hand hcrebycnnfc xs,;d and ncknotelcdge d, ha granted, bat•, grant, bargain, sell, convey and cc nfirm, unto the sal all oC the following described lots ar pnrcelg of fan caw,ty of Jefferson and State of Colorado, to y , ~=- _ ,; ~~:r;._ ¢Iso known ns street sod number 7;:91 Sdest 38111 AVElltle, Wheat Ridge, Colorado. of the ste of Colo• ., ¢nized and Avenue, «,~,-. s,yq; ~2ECOpDEb• IN aOUNYY OF J6FFEI28tlN ;• STATE qF C4L0",tFtDO aEC~r'rioh rltl. asaseax 06/x4;^;~ ~1:,a '''~,9 ~+ R1.C 6Rllh'l2'3 STA.HP - II I .~-of the first port, [or and in considerntiun of the sam e' fed and no/100 ($934,100.00)---DOLLAh the said party oC the second pa rt, t hr receipt !vhere :: ~s sold sod conveyed, ¢nd by these presents do C:3 'of the second part, [ts successors and nssgns fn•e•:ei. te, lying sod being in the Those parcels o.c real property=se£ forth and described on Exhibit A attzcled hereto, andRb~this reference thereto fully incorpora+.:ed herein. ~ -° :- . Ij TOfhT1lER with nil and singular the hereditnments and nppurtennnces thereunto belonging or in anp•a•ise ~I appertaining, and the revosion and reversions, remainder and remainders, rents, issues and Fn•ofits titcreoC: and nli ~ i the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in Inw ar ~ equity', of, in and to Lha above bargained premises, with the hereditnments and appurtenances. , ~~ TO FIAVR AND TO HOLD the said promises above bargained and described, with the nppurtennnces, untn the said ~~ ii partyofthescc•ondpnrt.itssucces•:orandassignsforever.Andthe'saidparty ofthefirstpart,for P ~~ Yljlnself, h15 hairs,exec•uturs. and ndministr~tors, do eS covenant, grant, bargain and agree to and with ~~yil the said party of the second part, itx successors and assigns, that at the time of the enseo-ding told delivo•y of / I these presents, he is well seized at the premises ghuve conveyed, as of good, sure, perfect, nbsahrte and t indefeasible estate uC inheritance, In inw, in fee simple, nttd hag •good Tight, fall power and lawful nuthorit}• to grant, bargain, sell and convey the some in manner and form -an a~C,$Yresaid, and th ut the some tu•e free and clear from all farmer and other grunts, bnrgainx, antes, liens, to%es, ussessntents and encuatbrnnces of whatever kind m• nature except general taxes for 1985, '°~`'' soevo•,, a I~ and the above h:u•gnincd premises in the quiet nttd peacefal'~ ssossion of the anfd potty oC the neeand port, its successor nnJ assigns, against all and ceo•y person or pers~ onsa wfuliy claiming nr to claim the (shale ar any pm•t jl thcrenf,thc said party ol'thv first p:u•t sLrli and willWARR~NTAND NORF:1'FJ2 UF: FF:\I). I 11 R'ITNIiSS 1VHRIt F:O P. The said part y oCthc first ppr ha3. -hereunto set h1S 1 nod L and sent thednynndyeur first above taritten. 1_".. '/,/Q ~d'~ ~ Signed, Sealed and Delivered in the presence oC ' S~'ATE OF (.OfAIt.1ll(1, 1` .vsi.- . f 1 TP %1 r~~ r• ~ ., ilnnvnr I ~~ ___[SEAh[ Isr;al.[ it 'I t~ i ii {i -~,~» ,.,r ... Y a.~-.. . z~znrai*n A . 1U We1RRAA^3'Y DEED DA'CED JUNE 13, 1985 . . a~v~r w>:rr.,aRD c. a,~*s, GZi Ab"IOR ~ .' PA'D nnDSh~R'LRi BL,'2LDLVG CO?D. , (~\'Ter, 9~9r^1. A: --' Beginning at a point 30.00 feet Nartherlq sad 525.40 feee easterly of ra_'Soucaaes•; corner of said Soutaeast one-quarter; thence Northerly parallel lath the ", :,;:,ne of said Southeast one-vuarter a distance of 421.15 feet; thence oa as angle 1~, `;^,r right of E9°45'00" and along a line parz'~lel ..tS e Souza line of sail Conri:e^;: one-quarter a distaaee of 131.65 fee:; taeace as an antle to the right c: 90"13'?'~^ a 'distaaee of 421.15 feet to a point 30.00 feet Northerly of tie said >cuta __:.e•n: the Soutaeast oae-quarter, .aeace an as eagle to tie ripe of 89'46'^3" a.^c ales; r '~ line of 30.00 _°eet Fortaerly of and para~?el to tae said Souza line of tae dot: i'~st one-euarter a distaaee cf 131.32 feet to.tae point of begiar.iag, Save and eeeept that portion ot- the above-described '_and coaveye3 to tae Aaerie.~.a Oil Cc~aay oa tae 21st day of .°arc:., 1572, to .-it: A Part of tae Sr_ of Se.:_ioa Z, 2oship-~3 South, ?sage 65 Wiest of the 6th ? '' ., ure part_cu-arty destri::ed as fo'?ovs: 'negi.^aiag at a polar 30.00 feet Net_...erl; sad 525.40 feat eastrr_- o° the South::est toner of said 53 :; taeace Nvr'aerlg parallel a=t:^. tae ;+est '_ ~e of 'sad S~ a dista.•:ce of 100.0 feet; taence'oa au angle to tae right of E5°55'CC" sad ~oag_a _ae parallel -a tea Souza 1'ce o. sa°d S_ a disunae of 131.10 `.eec; tSenee on as aag'_e to tae right of 9C°13'37" a cist~:.ce of 100.0 feet to a pc°., .CO feet No~ a ' tea - ta~ S°v .~ _ er_q oz tae said Scut.. a of thence oa an a.. le to tae - " 'tom" g - 30.00 feet Northerly ^g _.g-t of 89 +6 and aloe aline of of sad carallel to tae Souza L'ae of the S°.~ a distaaee of 131.82 feet to tae point of begin-i.-:g, A ,part o the Sout east one-quarter of Section Z', Townsain 3 South,. F.ange 69 Ne sr. of the 6th ?.?:., Count' of Jefferson, State of Colorado, Wore par: cu.tar'_y descr?: ea as follow: ~ - ' . County o° Sefferscn, State of Colorado. PARCEL 8 The West 100.00 feet of the SW; SS; SW's SE; of Section 23, Tamship 3 South, Range 69 West of the 6th P.M., except the south 30.00 feet tY:ereof for N. 38th Avenue. County of Jefferson, ~. ' State of Colorado. RECEPTION Np. OSO8374 tvillat-3 G. Cwenns, Grantor .-i =~'; w. " .._!~': > .. '~~11':. 4i;`e `!. r?[~1:(it{llt:.V .Lev crn~ur~r or ,ierr~RSO~ ' sr;^,r~ aF cai_aa~aDa Ri~t:l"P T7at~ N0. 85O~t'1388 [)~iD3!8v '13:'15 6„O(:1 PERSONAL REPRESENTATIVE'S DEED ~e THIS INDENTURE, made tklis~ ~ day of May, 1985, by and ~bativ~en G. MILDRED DAVIS, Personal Represehtati.ve of the Estate of MELkO5~ W. DA~l15, Deceased, party of the first-part, and RONALD T. DAVIS, KEITH D. DAVIS and RENT O. DAVIS, parties of the second J part, whose address is 7975 West 39th Avenue, wheat Ridge, Colorado 80033. WITNESS$TH SHAT: WHEREAS, MELROSE W. DAVIS, died testate on April 18, 1984, and G. MILDRED DAVIS was dLlly appointed as tkle Personal Representative of the Estate of MELROSE w. DAVIS, on April 26, 1984, in informal proceedings in the District Court. of the County bf Je~fbrson, State of 'Colorado, Probate No. 84 PR 271, and `" WHEREAS, the Last Will and Testament of MELROSE W. DAMS. Deceased, admitted to probate in informal proceedings in the District Court in and for the County of Jefferson, State of w '~ Colorado, did amongst other matters contain the following provi- `~- sion, namely: ~-~~ .- , ~ "Section 12.03. POWERS: In addition v all the powers conferred under the Colorado Fiduciaries° Powers Actr as it may hereafter be amended from u time to time, my Personal Representative her alternate or any successor, shall have the following ~~c~ discretionary powers: \ b. Power from time to time, without court order, to lease, mortgage, trade, sell, convey, transfer, of otherwise dispose of, upon such terms and in such manner and by such instruments and considerations as she determines necessary, all or any part of the real or personal property in my estate at valuations determined by her." ~ NOW, THEREFORE, this Indenture Witnesseth that said party of the first part in consideration of partial distribution of estate assets has conveyed and by these presents does convey unto the parties of the second part, their heirs and assigns forever, all the right, title and interest which the said MELROSE W. DAVIS had in his lifetime and at the time of his death in and to the following described lot or parcel of land situate in the County of Jefferson, State of Colorado, to wit: ~t part o! th< Southeast one-quarto of Sectf or. 23, to.~nshlp 3 South, SanQe 69 1'e al of the sixth Dr1nc1Da1 Me rldan, County of defferron, State of Co3 arado, sore partleul ary described as folloros: 17egSnn3ng ^t a point 30.00 feet Northerly and 526.0 feet Laete rly of the 6ou thwe¢t corner of and Southeast on e-q uartrr; tYepce northerly parrll e] vita Lhe Lest line of r.1d Southeast one-quarter r distaste of ~2I.15 Sett to • Point, Lhlthls the true Dofnt o1 beginning, thence northerly parrllel •ith the Le et I1ne of aaftl Southeast one-qu rrtrr r d3stante of 210 feet, thence on an angle to the right oS 900 15' 00" and •lonR a line parrllel LSth Lhe South lint of sa ld Southeast one-quarter • diet ance of 133.56 feet, thence on an angle to the right a1 89° ~E'23" • disc ante o! 210 Stet, thenne on an angle to the right of 000 13' 37" and ^leng a 13ne panllei to the South line of the Southeast one-qu:,ter a tllrtance of 131.65 fact to the poSnt of beg3naing. West Halt of Lhr. Southweet Quarter of Lice Southwest Quarter of the Southeast Quarter (W7~Sw}SW{SE}); the West three acme of the Eaat five ac tea of the South Half of the Weat Nalf of the Southweet Quarter of the Southeeet Quarter (SSW}SW}SE}); the South silt acres of Lhe Northwest Quarter of the Southwee*. Quarter of the Southeast Quarter (TiW}SW}SE{), aub,7ect to easement of County Road along the West aide; and the right to purchase annually eleven Sbetiano23,~aToWnship 33iSouth,~Ra3lget69nWeater Company; all in also known as 3800 Wadsworth Blvd., Wheat Ridge, Colorado 80033. SN WITNESS WHEREOF, the said party of_ the first part as Personal Representative of the Estate aforesaid has hereunto set her hand and seal the day and year as if first above written. -: ~ G. Mil red Davis STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this ~_clay of May, 1985, in the County of Jefferson, State of Coloradoj.by G. Mildred Davis, Personal Representative of the Estate of Melrose W. Davis, Deceased. ~''''~Jr~r1;;~":ry; Witness my hand and official seal. :~: ~.,r ti ..„a wt ,~ commission expires: ~' '1 f Notary Pub.Lic .aJ. 4. Kt{.,~~~.; f; (; k.~. !' M M O O ~ W .. > o ~: E m O -rl .C U ro~ p q M Q3 H to f~7 • ~ TS f~ E ~ w b~ c~ ~ -N ~ ro~ro W ~ r N is O m .[ Pa a~ -2- t~ `~ ~F S~ ..._.. - . o ctorn-.--._. _..nn, X10...._ ........ .........._..___.. .........:........._....-... ...;~ (.r (, .....-... Recertt nat.. ...~ .._._._.. ..-._..._.-.,.-.~..._.., l,Ctl?113::,1;' - i3rl,lt:: f.n {{ i1 i- i::' FF' 3''I'ii'.1 THIS LEED; Made thin +~~ day of May , 19 85 , G ki / (:3 a i [;';$ betweeh G~ Mildred Davis of the County of Jefferson of the first parts and RONALD T. DAMS , KEIT KEPIT'0: DAMS; whode address is 7975 Avenue, Wheat Ridge, Colorado 80033 of the County of Jefferson and State of Colorado, H D. DAMS and West 39th I.i ~n„ a5a4•i;Rr3%ts.cii3 1;3:'15 and State of Colorado, of the second part: WITNESSEI'8, That the said party of the First part, for and in consideration of the sum of =Ofie.~~iid No/iC10-'s°=---------------------------°-------------------------DOLLARS, to thB ®sid party of the first part in hand paid by the said parties of the second part, the receipt whereof fe hereby confes6ed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, 'sell, convey and confirm, unto the said parties of the second part, their heirs and assigns forevet, all the following described lot or parcel of land, situate, 119ng and being in the County of Jefferson and State of Colorado, to-e'it: A Girt of the Boutbeut one~uarter of Sretfon R3, tornsh3p 4 6vuth, Rangs 69 feRt Of the aiath principal Yerldan, County oS JeSf erson, 6tste of Colorado, sore pirtfeuLrf described •e follms: Beginning at a D°int 90.00 feet Rorther3y and a26.~0 fist Latterly bf the Southwest corner of nid Southeast one-passer; 't'11 {-nacn Bertherly 9ara]lei alth the hest line of sadd 6outheast one-gnartrr . dfitinee O! 121.15 feet to • pvlnt, ahf this the true point o1 heg inning, thence ', 1tflr{6erly ¢arallel •/th the foci 11ae of sa ld 6wtheast one-quarter a dis tame _„ `i , afsio lint, thence oa an antic to the rlfht o! 90° 15' 00° ind along a Ifne ~- •+ parallel rlth the South lSne oS as Sd 6outheast one-querter a dlaunce oT 141.56 fist, thence nn ao tafle to the rifht of a9° X6'23" a diet ante of 210 feet, . ~~ ~-', {~ineb on in angl! to the rlfht of AD° 19' 9r° and along a ]Sue psral lei tv the -" ~- RUUth line of 4he 6outheast oneyuirter a diet anee of 131.65 feet to the Do3nt ar bhglaning. _ -'~ We6t Half of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter (W}SW}SW}SE}); the Wes*. three acre of the East flue acres of the South Half of fire WelcFHalf of the Southwest Quarter of the Southeast Quarter (3}W}SWe.,_;)1 the South six scree of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter (NW{SW~SE$), eubdect to easement of County Road along the West fide; and the right to purchase nnnuelly eleven inches of Mater from the Roclq Nnuntain Water Company; all in Section P3, Township 3 South, Range 69 West, also known as 3800 Wadsworth Blvd., Wheat Ridge, CO 80033 (GIFT DEED - NO DOCUDfEN1'ARY FEE REQUIRED) TOGETHER with all and aingdlar the hereditanients and appurtenances thereto belonging, or in anywise 6ppertaining, and the reversion and reversions, remainder and remainders, yenta, issues and profits thereof; and sil thh estate, tight, title, Interest, claim and demand whatsoever of the said party of the first part, either in,law or dquity, of, in and to the above bargained promises, vrith the hereditaments and appurtenances. f ~ No. 463. WARRANTY DEED-For Photoanphit Record.-1'u.'! i' 7 cl•'o-binp 11,,, 1f.bl~M1S 6t<mt Start, D<nv¢r. Cnlondo--11-78 TO HAVE AND TO lIOi.D the said premises above bargained and described, with the appNrtenancea, unto the said parties of the second part, theirheirs and assigns forever. And the said party of the flrst part, for herseif,herheirs, executors, and administrators, does covenant, grant, bargain and ggree to and with the said parties of the second part,theirheirs and assigns, that at the time,of the en6esling and delivery o! i7 these presents she is wall seized of Lhe premises above conveyed, as of good, acre, perfect, absolute and ~- IrdeieasiGle estate of inhoritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey thu same in manner and form as aforesaid, and that the same are free and clear from all former sad athcr krauts, Largains, sales, liens, taxes, assessments and encumbrances of whatever kilid or nature 5oever. and the shove bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the wLole or any part thereof, the said party of the first part shall and wilt WARRANT ANA FOREVER DEPEND. IN WITNESS WiIHRF.OF, Lhe said party of the first i>art has hereunto sat her hand and seal the day and year first abnve written. 1 Signed, sealed and Delivered in the Presence of .. ~ ~ ~l.%i ~~/,(:~lQ~.~~~!-~~...__._._-._CSEAL] l ~' .' ~G. Mildred Davis ...[SEAL] ' >i., !„'~, STATE OP COLOP,ADO, 1 ~ ~ 1 _. ,,times'...': `-~.-1.t,9Fr Cn,•auY U Se Efctr.son . ;}sa. ...:~~__;'--- .-._.' __._~_,.. .. -._ y ~ tt^,~~Ile ifgxe bidg instrument was acknowledged before me this da--9 ~ M8y .,~~=1$85',by!~_,~ti~idred Davis, in the County of Jefferson, State of Colgrado. ~',',,: '~' y'am'%'~ :: tl " ~ ~ ~~ ' ' ~~ ~ ,19 . W itaeas my hand and oftfcial seal. ~~, ~ 'iL~h expires ,, //n 'J., ,ti~'' }'}r 4~.i~f J?c~f~IJDti,.~:'..; .~ .1-. a... ~./ I:IQ;! ___ 'G~ fn5. ....-_-... _ M { d ° q i ~ iq ('~ O I 1 k ^J q F i %~ q~s S ~ A~ 1 i L 0 i i~ t I i tJL O i ~ i ~ , t.L~ ~ ~ N 'd ~ G 1 •r~ .~ V ~ ~ I z ~ ctl~ s o I G ~ 1, i z ~ Z " j E U '~' ~' v ~ ~ i i ~ ~t ~ -41 i S I ~ i jE ` O C~ ~ ~ f v ' ' ~ w AI t` NI~ 3 ~ ~ i x i i C ~ ~ ~ 1 i W Pi'1„ ~s t~ ~ , `C ~ >, .S ~ ~ s i 38 i 33$$ .} ~ p~ ,Q f E 6 2 ~58 ~,1(Jfj '1~.5 Recorded a£...ol..e~S orclockl!_~._M., ..._......_..__.._._.__...._. TffiS DEED, Madethia 19th day of February is the year of oar Lard one thoasead nice hundred and fifty-eight between LUCY R. DAVIS of the County of Jefferson and State of Colorado, of the first part, and MELROSE W. DAVIS, G. MILDRED DAVIS, RONALD T. DAVIS, KEITH D. DAVIS and KENT 0. DAVIS o! the County of Jefferson and State of Colorado, of the second part: WLTNESSETH, That the said pert y o! the first part, for and in consideration of the anm of Ten Dollars and other good and valuable consideration x to the said part y of the first part in hand paid by the said part j,g S of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do eS grant, bargain, sell, convey and confirm, unto the said part ieS of the second part, their heirs sad nseigne torever, all the following described lot or parcel of land, situate, lying and being in the County of Jefferson and State of Colorado, to-wit: An undivided one-half interest in and to the following described property: West Half of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter (WZSWuSW4SE~); the West three acre of the East five acres of the South Half of the West Half of the Southwest Quarter of the Southeast Quarter (S~WZSW~SE,1--,); the South six acres of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter (NW~SWy~SE~), subject to easement of County Road along the West side; and the right to purchase annually eleven inches of water from the Rocky Mountain Water Company; all in Section 23, Township 3 South, Range 69 West. (Love and affection; no Revenue required) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, sad the reversion sad reversions, remainder and zemaiaders, teats, issues sad profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y .= tine first part, either in law or equity, of, in and to the above bargained premises, with the hereditamente and appurtenances. TO SAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, onto the said part ieS of the second part, heirs sad assigns forever. And the said part y of the first part, Yor her eel f, her heirs, executors, and administrators, do eS covenant, grant, bargain, and agree to and with the said part ieS of the second part, theilleirs and assigns, that at the time of the enseal- ing and delivery of these presents, she iS well seized of the premises above conveyed, as of good, sure, perfect, absolute and iadefeaeible estate of inheritance, in law, in fee simple, and ha S flood right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same nre free and clear from all former sad other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind orasturesoever., except taxes for 1958 and thereafter, sad the above bargained premises in the quiet and peaceable possession of the said part ieS of the second part, their heirs and assigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. , IbT WITNESS WHEREOF, the said part y sad seal the day and year first above written. of the first part ha S hereunto set her hand Lucy Rt Davis _......_._..._..~......_ _...~_._....__(SEAL) __.___......._._..._........_.._..___..._...._..~ (SEAL) STATE OF COLORADO ea. County of Jefferson The foregoing instrument was acknowledged before me this 19th day of February A. D,.le3$';~..gy Lucy R. Davis ~~ ~~~~ p March 21, 1959. 19 .Witness my hand and official seal. ' Mrv'i'amiriipeion ez fires tttptttl l l rrp,rrr/' ~ ;; ~~i ... ~Fc :, °:,ipt , ;. ;. ,. ~. + ~.. ' :.~~0_"°~:~~; ,°' -~•~•Vera C. Boyer p°"~` ,t,' 1 _ ~~i51i2,: ~Qertat~y Deed. For Photographic Record. r~'+~ ~~ ••'%'ir" '• •"••t` ~~., ABSTRACT COMPAPIY./~.//•...~ C...iy /~'r~.,;r~~r ; its t`tt`~o,.., .,............~.u..w~ .,,e...o 1096 138 TffiSDEED, Maaethia 18th day of December in th$ year oS oar Lord one thomand nine hundred and fifty-seven between LUCY R, DAMS of the MELROSE WJeDAVIS~nG~adMILDREDoDAVIS,e{RONALDnT. DAMS, KEITH D, DAMS and KENT 0, DAMS of the connty of Jefferson and State of Colorado, of the second part: • WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration ~#iI@}; to the esid part y of the first part in hand paid by the said part i e S of the second part, the receipt whereof is hereby confessed sad acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do eS great, bargain, sell, convey and confirm, Hato the said partjeg of the eecond part, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being is the connty of Jefferson sad State of Colorado, to-wit: An undivided one-half interest in and to the follolving described property: Y7est Half of the Southwest Quarter of the Southwest Quarter o the Southeast Quarter (WzSW,-SW,1-,,SE,-~,); the West three acres of the East five acres of the South Half of the West Half o£ the Southlest Quarter of the Southeast Quarter ~S~W2SW-SEu); the South six acres of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter (NWuSW4SEu), subject to easement of County Road alb the West side; and the right to purchase annually eleven inches of water from the Rocky Mountain Water Company; all in Section 23, Township 3 South, Range 69 West, (Love and affection; no Revenue required) TOGETHER with all and singular the hereditamenta and appurtenances thereto belonging, or in anywise appertaining, and the reversion sad reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part,, y ~ "tae first part, either in law or equity, of, is and to the above bargained premises, with the hereditameats and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the aaid'part igs of the eecond part, theiyheira and resigns forever. And the said party of the first part, for her self," her heirs, executors, and administrators, dogg covenant, grant, bargain, and agree to and with the acid part ie S of the eecond part{;hgi r heirs and assigns, that at the time of the enseal- iag and delivery of these preaenta, She iS well seized of the premises above conveyed, ae of good, sure, perfect, absolute sad indefeasible estate of inheritance, fn law, in fee simple, and hag good right, fu1L power and lawful authority to grant, bargain, sell and convey the same in manner and form ae aforesaid, and that the same are free and clear from all former and other grants, bargains, vales, liens, taxes, seseasmeata and encumbrances of whateverkiadoraatureaoever, except taxes for 1957 and thereafter, sad the above bargained premlaes in the quiet and peaceable possession of the said part ie 5 of the second part, their heirs sad assigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the esid party of the ffrat part shall and will WARRANT AND FOREVER DEFEND. IN WITNESB WHEREOF, the said part y of the first part ha s hereunto net j1Qr hand and seal the day and year first above written. !,~ ...................._................_.............._...._...__..__...._.._.._..:...._l Luey R. is _............_._.._..._.._.._....__...._......_...Y...__. (SEAL) STATE OF COLORADO l County of Jefferson }es. The foregoing instrument was acknowledged before met this .. n, is ,57 by Lucy R. Davis ~~i~~y{y~ t~d,~q'}anion expires March 21, 1959 i :' 9 :a'w~~. ,~ •. ,4~'0.; 5.'932. ,Wairaio __ ..............__._______...........___.~...._.._..._.. (SEAL) 18th day of December 19 .Witness my head sad officiet seal. Vera C. F3o er Na ~ ~''~ For phot ogrephic Record. ~'~ "~ SECURIT ~1~._ _ • ABSTRACT COMPANYe~~.//..,,. ~,u.~y •Veu.nvM~ rnu.,oo atecuau u 616 rl'HIS DEED, Made this-----fifteenth--------------day of -----------Jul y----------------- in the year of our Lord one thousand nine hundred and sixty-six between .INDUSTRIAL LANDS, INC. a corporation duly organized and existing under and by virtue of the laws of the State of----------Colorado---------of the first part, and Melrose W. Davis, G. Mildred Davis, Ronald T. Davis, Keith D. Davis and Kent O. Davis of the County of-----Jefferson-and State of Colorado --------------------of the second part: Recorder's Stamp ,J',il,; 1 ~ ':~ t'!LEU IN MY UPt SCE UN Jug 28 3 zo PH'66 ~, i. F ~.- -'~-,~ - R'ITNESSETH, That the said party of the first part, for and in consideration of the runt of Ten dollars and other food and valuable consideration-----------------~~ to the ...ia a-rtr ,+f tbn fl...t rr.... fi..,a anla br tuo ...ta p.. N. i-.. - tn.....e....a a -^.. ll... ~nnntot -.h...~ent 1., 6ozvrbv confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bargain, sell, convey and confirm unto the said partles of the second part,----their-----heirs, and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the County of----Jefferson------------- and State of Colorado, to-wit: A part of the Southeast one-quarter of Section 23, Township 3 South, Range 69 W of the sixth principal Meridan, County of Jefferson, State of Colorado, more particulary described ss follows: Beginning at a point 30.00 feet Northerly and 526.40 feet Easterly of the Southwest corner of said Southeast one-quarter; thence Northerly parallel with the West line of said Southeast one-quarter a distance of 421.15 feet to a point, whichis the true point of beginning, thence Northerly parallel with the West line of said Southeast one-quarter a distance of 210 feet, thence on an angle to the right of 900 15' 00'~ and along a line parallel with the South line of said Southeast one-quarter a distance of 131.56 feet, thence on an angle to the right of 89° 46'23' a distance of 210 feet, thence on an angle to the right of 900 13' 37" and along a line parallel to the South line of the Southeast one-quarter a distance of 131.65 feet to the point of beginning. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said parties of the second part, ----the ir--------heirs and assigns forever. And the said INDUSTRIAL LANDS, INC. party of the first part, for itself, and its successors, doth covenant, grant, bargain, and agree to and with the said part ie8 of the second part, --their---------heirs and assigns, that at the time of the enaealing and delivery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and bath good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from sll former and ot~ier grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or naturesoever; except general taxes for the pear 1966 and subsequent years, and except restrictions of record. and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, ----their----- heirs and resigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub- scribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the.d and year first abo tten. Attest:v~ ~ ~ / .............. ....i--'~.~~'~~-4%~.....~ ..~C.G ~- ..... ............US.TR.IAL..LANDS.,...INC_......_......--.. President. ,;... -S~.~P'FTi`~O,,rr~F COLORADO, -, ,!$ Fie f43egoitij,•jb~tt ss. ' ,iT~ment was acknowledged before me this a P$s ~r~Aen.vex ........................ ~lty ms~sr, ~+Aibrose ~°' `, 1J r i:',~~e~ii+=,1 °Hrierly r' S a . ,L., .. iJ - . 7,i ne ~+~ (... a 0 t; tit~~~ ~'' ~, p, 4c1. ~~ alit ~ ^~ .- iY.9¢ ....::,;. ----15th------ day of-------July----- as ,President and as ~ -'Secretary of INDUSTRIAL LANDS, INC at:asotporation. My notarial commission expires fa~"~*.a~ ~~ /'y7ri a~~~ •-•"•.;~~: Witness my hand and official seal. ' C3 c,•..'s 1t F~~~4 No. 40B. WARRAKTI' DEEU-Corporation.-Bradford-RoLinson Printin¢ Company, iaLb.gr, Sv ut Street, D^ncer, Colomda• ~ ~ .,~, ~ ~ .! S ~ ~ ,~ /I ~l Ei 7500 WEST 29TH AVENUE P.o. sox s3a - The City of WHEAT RIDGE. CO 80034-0638' - (303) 234-5900 ~L eat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 - Ridge July 5, 1994 The Wheat Ridge Department of Community Development has received a_request for a replat of Park-N-Shop Subdivision and site plan approval for redevelopment of a shopping center located ' at the property described below. Your response to the following questions and any comments .on this proposal would be appreciated by ,T„~y iR~ 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WS-94-1 LOCATION: NE corner, Wadsworth Blvd. & West 38th Avenue REQUESTED ACTION: A. Combined Preliminary & Final Subdivision Plat B. Site plan with variances PURPOSE: Shopping center with Safeway grocery as anchor APPROXIMATE AREA: 13 acres- 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. 3. 4. 5. Are service lines available to the development? YES NO If "NO", please explain below. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to-: ~~~I~~ZQj\„~~~~~ M- Ra~kPrt DISTRIBUTION: X Water District (Wheat Riklge X Sanitation District (Wheat RicQge X Fire District (Wheat Ridge Adjacent City ( ) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. of Transportation Colorado Div, of Wildlife TCI of Colorado Department of Plann ng & Development X Jefferson Co. Health Dept. -...Jefferson Co. Schools X Jefferson Co. Commissioners Denver Water Board X W R Post Office X W R Police Dept. X W R Public Works Dept. X W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Wheat Ridge Water District 6827 W. 38th AVENUE P. O. BOX 37 WHEAT RIDGE, COLORADO 80033 PHONE (303) 424-2844 July 15, 1994 Meredith Reckert - Department of Planning & Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Co. 80033 Ms. Reckert, The Wheat Ridge Water District supports the proposed redevelopment plan for Town Center Plaza at 38th Ave. and Wadsworth Blvd. In a phone conversation with Mr. Dennis Wyatt, Wyatt & Associates, P. C., regarding water service and fire protection, the point of a "looped system" was discussed. In order to ''loop", we would recommend tying into the 12" main located in Upham St. between 38th Ave. and 44th Ave. via a utility easement that possibly exists at approximately 39th Ave. This would involve installing a meter at that location to serve Town Center Plaza. The issue of fire protection ie. hydrants, sprinkle systems etc. will need to be addressed with the Wheat Ridge Fire District. as zaell as the developer at a later date. Res ectfully, ~~~~~ Walt Pettit, Manager Wheat Ridge Water District WP:mt 'f~~~~. 11 NL~~~ ~y7P~~¢t~+y JEFFERSON COUNTY DEPARTMENT of Health & Enviro»ment 260 South Kipling Street, Lakewood, Colorado 80226 Telephone: 303/232-6301 FAX 303/239-7088 CITY OF WHEAT F21Dt;E ~ ~~~_ JUt. ~ 2 1994 lll`~ .~ p~Artivr~~a ~ aEVl:top,~l~~ir TO: Meredith Reckert Wheat Ridge Department of Community Development FROM: Jefferson County Department of Health and Environment DATE: July 20, 1994 SUBJECT: WS-94-1 Park-N-Shop Subdivision I have reviewed the case proposal and have the following comments: A shopping center with a Safeway grocery is proposed in the northeast corner of Wadsworth Blvd. and West 38th Avenue. Water and sanitation facilities will be provided by the Wheat Ridge Water and Sanitation District. Due to the size of this site (13 acres) a fugitive dust permit is not required for this project, however the developer must use sufficient control measures to minimize dust emissions. Colorado Statutes stipulate that maximum commercial noise levels must comply with the following: 60db(A) between 7:00 A.M. and 7:00 P.M. and 55db(A) at all other times. Typically the majority of noise in a development such as this is associated with vehicular traffic. The proposed grocery, as well as any other operations involving food preparations and/or sales will be subject to plan reviews, inspections and/or licensing by this department. Please contact me at 239-7074 if you have any questions. Sincerely, Mindi Ramig Environmental Health Services MR/jah ~~a Recycled Paper Public Service° Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-4114 July 20, 1994 The City of Wheat Ridge 7500 West 29th Ave. P. O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company acknowledges receipt of the preliminary plot plan of Park-N-Shoo Subdivision #WS-94-I PROJECT TITLE We have examined the proposed plot plan of the above-captioned project and suggest that defining easements for electric and gas service should be delayed at this time. Easements cannot be adequately delineated at this time due to the uncertainty of the service needs and locations to allow for the most desirable and economic system design. Easements shall be granted to Public Service Company when service locations are made known for the construction, operation, maintenance, and replacements of their facilities as may be necessary to provide service within this subdivision or property contiguous thereto, through, over, across, and under streets, utility easements, and other public places or common areas. Approval of electric and/or gas service to this property is subject to Public Service Company of Colorado rules, regulations and tariffs on file and in effect with the State Public Utilities Commission, State of Colorado. If you have any questions regarding the above subject matter, please contact Teresa Wilson at 571-3735. c~.e Chester Hurd Unit Manager -Right of Way ,~ti¢ _ N c~O ~ ~~ .W .C eaum e~ Iasi C~ X90 ~oard of County Commissioners Gary D. Laura District Na. 1 Betty J. Miller District No. 2 John P. Stone GlTY OF WE-TEAT FCji~~lo.3 p ~~n.~. JELL 2 2 1994 July 21, 1994 G & IH~P~Edd~; Meredith Reckert Department of Planning and Development City of Wheat Ridge 7500 `:Jest 29th Avenue P.O. Box 638 Wheat Ridge CO 80034-0638 Dear Ms. Reckert: Thank you for the opportunity to review Case No. WS-94-1, the replat of Park-N-Shop Subdivision and site plan approval for redevelopment of the shopping center. Jefferson County planning staff commend the plan for the reduction in the number of access driveways onto Wadsworth Boulevard and for securing right-of--way fronting on Wadsworth Boulevard. The traffic congestion on Wadsworth Boulevazd may be partially relieved by these two actions. Again, thank you for extending the courtesy of review and comment. Sincerely, <- - anet Bell-Stromberg, Planner Planning and Zoning Department JBS:ps 100 Jefferson County Parkway, Golden, Colorado 80419 (303)271-6511 _ _ ~ MEMORANDUM Approved Date TO: Meredith Reckert, Planner II FROM: Steve Nguyen, Civil Engineer~~ DATE: July 20, 1994 SUBJECT: Safeway Store Development, Combined Preliminary & Final Subdivision Plat Northeast Corner of 38th Avenue & Wadsworth Blvd. The Public Works Department has reviewed the above referenced plan and have the following comments: 1. We will need a traffic impact study for the site which will also address the proposed site access, signal warrant study for 39th Ave. & Wadsworth Blvd and 38th Ave. & Vance St. to justify the need for these signals.. The Public Works Department and Safeway's Consultant, Krager and Associates, have met with Lou Lipp of Colorado Department of Transportation to get his feedback on the redesign of the site access and the proposed signal at 39th Avenue and Wadsworth Boulevard. Lou's comment is. that CDOT is not supporting any additional signal on Wadsworth Boulevard. However, Lou mentioned that there is a slim chance that CDOT would be in favor of the proposed signal if there is major improvements to Wadsworth Boulevard frontage from 38th to 44th Avenue. These improvements include but not limited to stricter access control on both sides of Wadsworth Blvd (median and/or right-in right-out), additional thru lane(s) and the necessary right-of-way dedication, and double left turn lane for signalized intersections. Krager and Associates have discussed the above comments from CDOT with Safeway. So far, We haven't heard any official reply from Safeway in terms of pursuing the proposed signal at 39th Avenue &'Wadsworth Boulevard or looking at other access alternatives. We will require both access points next to the existing Burger King to right-in right-out only by means of constructing curb island. 2. We will need right-of-way dedication for both 38th Avenue and Wadsworth Boulevard frontages. On Wadsworth Blvd., We will need about 20 feet of right-of-way. This dedication is necessary to reflect the 130 feet (65 feet half section) called out in the Wadsworth Corridor Study. Currently on 38th Avenue we have the right turn bay at Wadsworth and curb gutter and sidewalk placed inside private property. We need the right-of-way dedication to have these public improvements locate in the right-of-way for maintenance purposes. For the right-of-way dedication layout needed on 38th Avenue please see me or John McGuire. Meredith Reckert July 20, 1994 Page 2 i Glen Gidley spoke to me regarding McDonalds being interested in obtaining a building permit to build their site before this development. Our position is that we need to have a guaranty from McDonalds saying that they are responsible for public improvements and street right-of-way on their. frontage if the Safeway development does not occur. The understanding is that the playground, part of the restaurant plan, will not be built until Falcon Car Wash is moved due to the existing access which McDonalds will need to use on a temporary basis until Safeway. development takes place. I will talk with CDOT to get their feedback on this issue and inform you on the outcome of the meeting. 4. We will need a revised drainage study for the proposed development. 5. We will need construction drawings for any public improvements that may be constructed in W. 38th Avenue right-of-way. 6. Chuck had checked the plat and his comments are on the attached memo (to Ann Pitinga dated July 8, 1994). cc: Bob Goebel, Director of Public Works John Oss, Senior Project Engineer Greg Knudson, Development Engineer John McGuire, City Surveyor TranSystems Engineers & Planners,LLC Transportation .Civil .Structural . Emlranmentel 7730 East BelleWew Avenue . July 15, 1994 Merideth Reckert Department of Planning & Development 7500 West 29th Avenue Wheat Ridge, Colorado 80034-0638 Re: NE corner, Wadsworth Blvd. & West 38th Avenue Deaz Ms. Reckert: ITY %`w tkr ~~ ~ ,. 1! ~LSi l ~~~Fr &~ lU dorado 80111-2619 Fax (303) 740.8934 j,? ~ i~~4' t! This letter is in response to your request for confirmation of the availability of sanitary sewer service for the above parcel. Sanitary Sewer Service: The subject property is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the District (pretreatment) and Metro Wastewater Reclamation District. Existing Wheat Ridge Sanitation District facilities in this area consist of an 8-inch sanitary sewer main in Wadsworth Boulevard and an 8-inch sanitary sewer main in West 38th Avenue. This pazcel is subject to the assessment of both Wheat Ridge Sanitation District and Metro tap charges. The subdividers and/or developers may be required to extend sewer lines to their project sites. In addition, you should be aware that the district requires approval of plans for sewer service connections, as well as inspection of construction by the Districts' Engineer. If you have any questions regazding this communication, please call us. Very Truly Yours, Tran~~~~~"""""\\\\\ggg\\\terns Engineers & Planners, LLC ~i~~ William K. Brown, P.E. Engineer for the Wheat Ridge Sanitation District cc: District Office `~lhaa: tlIARLES N, k81ADHi at ® 383-! io: WN PA4[M8A at ® 9,231-59Z! $5 87-89-9! 82:3 pa (g 882 of 882 MEMORANDUM Approved Date TOi ~ ANN PATINC3A llbWti CHUCK }3RADEN 17IAT~: 7/8/94 R=i PARK & SHOP / SAFEWAY Per our discussion of Thursday and Friday morning, here ar a lint of trty rnnnPrnA with the 1PgA1 riPanription T have aPPn: 1: loyal hoes au~iyuiLics .ceyatciitty attylea (aktoul~i k~e c:alleci deflection angle instead of angle) 2: legai as written has a poor closure (1=1000 m/1) 3i as I pointed outto you for your information, it appears that VDCTRA DANft AND DRADLL•lY legal 3aaariptian na M-itten plneca their property in the property owned by Park & Shop .`13! ~f 4: as I undcratand it tha ambiguitiQa in thQ 1Qga1 arQ to ba clarified in the future 5: we (John Mcauire and I) feel that what we have is adequate for the nnrmAPw na vntt nntl'nari them to mP nn Thnrctriav 7/7/4d (publication for demolition std o~u ~~ 7500 WEST 29TH AVENUE _ P.O. BOX 638 ThB Clty 01 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235.2949- 1\l~g~i July 5, 1994 The Wheat Ridge Department of Community Development has received a request fora rep]_at of Park_rN-Shop Subdivision and site plan approval for redevelopment of a hopping cPn+ar loca ~ - ' at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by ,T„~~, gip- igga No .response. from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WS-94-1 LOCATION: NE corner, Wadsworth Blvd. & West 38th Avenue REQUESTED ACTION: A. Combined Preliminary & Final Subdivision Plat B. Site. plan with variances PURPOSE: Shopping center with Safeway grocery as anchor APPROXIMATE AREA: 13 acres 1. Are public facilities or services provided by your agency adequate to serve th~,s development? YES / NO If "NO", please explain below. 2. Are servcce 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 rubs and regulations? YES i/ NO _. If 5. Are there any concerns would or shoulld affect Please reply to:/!?~ Departmeni DISTRIBUTION• "NO", please explain below. or problems your agency has identified which approval of this request? ~~~ ~~ ~.~L, u!~~v of Plann'ng & Development X Water District ( Wheat Riklge Sanitation District (Wheat Ridkje _~re~strict_=(W~~_Ri-_ e~ Adjacent City ( - ~`~- X Public Service Co. X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado ,:, «„„~,,~,,,,u, X Jefferson Co. Health Dept. Jefferson Co. Schools X Jefferson Co. Commissioners Denver Water Board X W R Post Office X W R Police Dept. X W R Public Works Dept. X W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform - i ~ UJ~I~flT ~IDG~ ~I~~ ~RO1~C1100 DISI~IC1 P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 G`~~Y OF ~-+~a R~t~~e ~f•1~.131994 TO: Meredith Reckert Department of Planning and Development ~~`~-~- Wheat Ridgeat Ridge pI.ANNING & DEVELpp~EN~. Co. 80034 SUBJECT: Case # WS-94-1 Replat of Park-N-Shop subdivision & site plan for redevelopment of shopping center 38 & Wadsworth Dear Meredith, After a review of the proposed redevelopment of the shopping center, I am requesting the following issue be brought to light regarding this matter: 1. It is realized that this plan is subject to change, however, the issue of fire hydrant needs and locations on the site should be addressed as soon as possible in order to avoid any lengthy delays. Additional fire hydrants on site will be needed to adequately provide the fire protection necessary for the proposed structures. This office will be available to discuss the matter with the developer. They can contact this office at 424-7323 to set a time to discuss this issue. We will be happy to help out as necessary. All other items listed on the distribution sheet are capable of being handled by this agency. Respectfully, i~ Dave Roberts Fire Marshal Wheat Ridge Fire Protection District cc :file 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 - (303) 234-5900 City Admin. Fax # 234-5924 July 5, 19.94 Police Dept. Fax # 23b-2949 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for a replat of Park-N-ShoA Subdivision and site plan approval for ~'edevelopment of a shopping center located ' at the. property described below. Your response to the following questions and any .comments .on this proposal would be appreciated by ,T„~~,~ ~qq4 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WS-94-1 LOCATION: NE corner, Wadsworth Blvd. & West 38th Avenue REQUESTED ACTION: A. Combined Preliminary & Final Subdivision Plat B. Site. plan with variances PURPOSE: Shopping center with Safeway grocery as anchor APPROXIMATE AREA: 13 acres 1. Are public facilities or services provided by your agency adequate to serve is development? YES. ~ NO If "NO", please explain below. 2. Are service lines available to the development? YES NO I_f "NO", please explain below. 3. Do you ave adequate capacities to service the development? YES ~ NO If "NO", please explain below. 4. Can and ill your agency service this proposed development subject to your r es and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? q,~ /n_ Please reply to: ~ ~ ~M_ Rarkart Department of Plann'ng & Development DISTRIBUTION: X Water District ( Wheat Ri~3ge X Sanitation District (Wheat Ric-qge X Fire District (Wheat Ridge Adjacent City ( ) X Public Service Co. X U,S West Communications State Land Use Commission State Geological Survey X Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado X Jefferson Co. Health Dept. Jef rson Co. Schools X Jeffe soon Co. Commissioners Denver Water Board W R Post Office -_R-POiice-`__~~pt R Public Works Dept. X W R Parks & Recreation Com. W R Forestry Div. W R Building Div. '. <pc>referralform Cs n,..,. r.~d v„ i." „?K'".x' 7500 WEST 29TH AVENUE ThB Cit Of P.O. BOX 638 Y WHEAT RIDGE, 0080034.0638 (303) 234-5900 ~L eat City Admin. Fax # 234.5924 Police Dept. Fax # 235-2949 Ridge July 12, 1994 1 Mr. Dennis Wyatt Wyatt,& Associates, P.C. 1865 South Pearl Street Denver CO 80216 Re: Safeway Market Place Proposed West 38th Avenue/Wadsworth Blvd. Dear Mr. Wyatt: We have received your submittal on behalf of applicant, Lee Ambrose, for approval of redevelopment of the Park-N-Shop commercial center. Copies of the proposal have been referred to 12 other agencies/departments for their review and comment. (See attached). This department has conducted a preliminary review of the submittal and have the following comments: This is a multiple-part request that includes the following specific actions: a. Subdivision/Re-Subdivision Most of this site is included within Park and Shoo Subdivision First Ame dment. A small portion of the site includes land currently under the ownership of Vectra Bank and needs to be parcelized pursuant to Subdivision Exemption procedures (See attached copy of page 2, Wheat Ridge Subdivision Regulations) and after ownership has transferred, added to the Park and Shop Subdivision. The plat will vacate certain existing easements, create certain new easements, vacate certain existing lot ,lines, create new lot lines, and dedicated ' street right-of-way. I have red marked the preliminary subdivision plat to indicate specific deficiencies, problems or concerns. I will need 15 sets (folded) of the revised~ plat document for the Planning Commission meeting of August- 4. delivered to our office no later than July 22nd b. site Plan Approval of a site plan by Planning Commission and City Council is required because the site is located within an Urban Renewal district and within the Wheat Ridge Town Center Master Plan Area. You have submitted two sheets for site plan approval. I have red lined comments, problems, concerns, etc. upon those two sheets and included them with this letter. I will summarize the comments as follows:- ~a x,~, ~, r~~d r„~., :a.V(. . '~ ' ~ r Mr. Dennis Wyatt - Page 2 July 12, 1994 1. Data box should include the Burger King site, as should the legal description. The Burger King lot should also be included in the subdivision as a lot and included in the regal description. 2. The Vectra Bank property needs to be included in the description and area calculations. 3. Landscaping buffer along east boundary needs to extend to north boundary to buffer residences to the east. 4. The parking stalls near the northeast corner encroach into access easement. On an interim basis, that is all right, however, when the access drive is extended northward, those stalls need to be relocated. There needs to be a curb with landscape to the east, along the entire east boundary behind Safeway store and existing retail. 5. The access point behind the proposed McDOnalds to the "Good Times" property cannot occur without a cross access agreement with Good Times. 6. The setback for McDonalds is shown to be 30 feet where 50 feet is required. This requires a VARIANCE (See C. below for further explanation). 7. A sidewalk along Wadsworth, preferably separated from back of curb, needs to be shown. 8. Sidewalks along the major entrances from West 38th Avenue and Wadsworth needs to be shown. 9. A note indicating acel/decal lane extension along Wadsworth is needed. 10. West 38th Avenue secondary access by Burger King will be right-in/right-out only. It should be so noted. 11. Need building elevations with architectural typicals, including materials and color for all-new building and for the rehab of existing buildings. 12. Need typical light standards proposed. 13. If the owner is looking for more than one freestanding sign on West 38th Avenue and/or Wadsworth, then a master sign plan, and possibly sign variances, is needed. Now is the time to do this, otherwise another public hearing later on will be required. I will support ONE freestanding sign on West 38th Avenue and Wadsworth, plus ".}, 'rte}~ . Mr.'Dennis Wyatt July 12, 1994 Page 3 one small monument sign for also need to be shown. I h! Orono ing the_ it n~ gaudy n~ c. vARi-~S: Because this.is not zone district, standard zoning ~ that the f each pad site. Wall Signs roe that Mcl?onalds is not ~n sign for their play nd a Planned Unit Development provisions apply. This means ront setback for McDonalds, and perhaps signage throughout the center, will require variances. I have included a copy of the standard criteria that the Planning Commission and City Council must use by law in considering variances. The variances portion of the request are considered separately by a different motion and subject to a super-majority approval. I have included information regarding variances in this packet. If you intend to ask for sign variances, you need to be specific in your request. Finally; I need a signed application form, copies of proof of ownership (deeds) for all land within the area, and an application fee in the amount. of $185.00. Direct costs to the City for required certified mailings and newspaper publications will be billed to the appiicant as such costs occur. As we receive agency responses, I will relay them to you for -- action, as needed. The schedule for official review is as folloias: copies of revised plans and plat must be submitted. August 22, City Council public hearing. Should you have any questions, please feel free to call me. Sin~%(~~rely, Glen Gidley, Direc r Planning & Development Aucus 4,•Planning Commission public hearing.. If owners of real property are not present, they must be represented by someone with their power of attorney. BY _llucust n 15 By Jul 22, 15 copies of revised plans and plat must be submitted GEG:slw attachments cc: Lee Ambrose Katy Press Ann Pitinga May 11, 1995 Wheat Ridge Marketplace c/o H. Lee Ambrose 3650 G 4/10's Road Palisade, CO RE: Wheat Ridge Marketplace public improvements Dear Lee: The purpose of this letter is to communicate some problems and concerns regarding the project. 1. A copy of the NPDES permit, which was required, has not been provided to the City of .Wheat Ridge Public Works Department. 2. Fire Access. Now that walls are being constructed, fire access must be established and maintained. 3. An area for the trucks to remove mud before entering roadways was stated as part of the erosion control and access permits. This must be established and maintained. 4. The Plat needs to be reviewed and finalized as the right of way becomes relevant in construction. 4. A major concern exists regarding the design of the W. 38th Ave. traffic signal. As the intersection is being designed, there are apparent conflicts in location. The signal would take precedent over other items such as water hydrants. Please be advised that the improvements on Wadsworth Blvd. and W. 38th Ave., including the traffic signal, must be completed prior to the time of issuance of a certificate of occupancy, even if it is a TCO. Please respond as soon as possible regarding these items. Sincerely, Ann P. Pitinga CG: \~laAr~.~ Q QSa°"' ~ (~mv1~ 5 `'J~`~ i ` ~,fJ/~ ~JV'CGFt ~,LLoVL7~3j ~~~ WHEAT RIDGE ECONOMIC DEVELOPMENT & REVITALIZATION COMMISSION 7500 W.29TH AVENUE R.O. BOX 638, W HEAT RIDGE, COLORAD080034 JVS¢so-zooa, rs~n wv-anew June 6, 1995 Mr. Peter Robinson 1099 18th Street Suite 2660 Denver, CO 80202 RE: Bradley Oil/ Traffic Signal on W. 38th Ave and Vance Dear Mr. Robinson; Pursuant to our telephone conversation today, I am enclosing a copy of the approved site plan for Wheat Ridge Marketplace. The City of Wheat Ridge Planning Commission approved this site plan on August 16, 1994. The Wheat Ridge City Council approved it on August 28, 1994. Your client received notice of this meetings by Certified mail, Return Receipt Requested. The City of Wheat Ridge does not have any record of any conversations with your client. As I indicated, the traffic signal intersection has been designed and is expected to begin construction in the near future. If you have comments that you would like to be considered, please provide them as soon as possible, Should you have any further questions, please feel free to call. Sincerely, nn 1t n a Executive Director encl. cc: City of Wheat Ridge Planning Dept, WSP 94-1 . .. ~~ •~ NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on August 4, 1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. A11 interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard:. 1. Case No. WSP-94-1: A public hearing will be held to consider. a request by Lee Ambrose for approval of a site plan with variances for redevelopment of a 13-acre Commercial-One zoned property located within the Wheat Ridge Town Center - Urban Renewal District.- The property is located at the northeast corner of Wadsworth Blvd. and West 38th Avenue, more particularly described as follows: PARK-AND SHOP SUBDIVISION A part of the S.E. 1/4 of Section 23, T 3 S, R 69 W of the 6th P.M. City of Wheat Ridge, County of Jefferson, State of Colorado. A part of the southeast one-quarter of Section 23, Township 3 South, Range 69 P.M., City of Wheat Ridge County of Jefferson, State-of Colorado, more particularly described as follows: Commencing at the southwest corner of. the southeast one-quarter of Section 23, Township 3 South, Range 69 West; thence easterly and along the south line of said southeast one-quarter 45.00 feet; thence on an angle to the left of 89048'19" and northerly and parallel to the west line of said southeast one-quarter 30.00 feet to the point of beginning; thence continuing northerly and parallel with the west line of said southeast one-quarter 1027.80 feet; thence on an angle to the right of 89048'19" and easterly parallel with the south line of said southeast one-quarter 612.80 feet;, thence on an angle to the right of .90°11'14".and southerly 606.70 feet; thence on an angle to the right of 89049'46" and westerly 131.65 feet; thence on an angle to the left of 89°48'19" and southerly parallel with the west line of said southeast one- quarter 421.15 feet to a point lying 30.00 feet north of the south line of said southeast one-quarter; thence on an angle to the right of 89048'19" and westerly parallel with said south line 481.40 feet to the point of beginning containing 13.191 acres more or less. And including the north 121 feet of the following described property: Beginning at a point 30.00 feet Northerly and 526:40 feet Easterly of the Southwest comer of said Southeast one-quarter; thence Northerly parallel with the West line of said Southeast one-quarter a distance of 421.15 feet; thence on an angle to the right of 89045'00" and along a line parallel with the south line of said Southwest one-quarter a distance of 131.65 feet; thence on an angle to the right of 90°13'37" a distance of 421.15 feet to a point 30.00 feet Northerly of the said South line of the ~... • ~ • ~ Southeast one-quarter; thence on an angle to the right of 89°46'23" and along a line of 30.00 feet Northerly of and parallel to the said South line of the Southwest one-quarter a distance of 131.82 feet to the point of beginning. Save and except that portion of the above-described land conveyed to the Americana Oil Company on the 21st day of March, 1972, to wit: A part of the SE 1/4 of Section 23, Township 3 South, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at a point 30.00 feet Northerly and 526.40 feet Easterly of the Southwest corner of said SE 1/4; thence Northerly parallel with the West line of said SE 1/4 a distance of 100.0 feet; thence on an angle to the right of 89045'00" and along a line parallel with the South line of said SE 1/4 a distance of 131..70 feet; thence on an angle to the right of 90°13'37" a distance of 100.0 feet to a point 30.00 feet Northerly of the said South line of the SE 1/4; thence on'an angle to the right of 89°46'23" and along a line of 30.00 feet Northerly of and parallel to the South line of the SE 1/4 a distance of 131.82 feet to the point of beginning, Cou of Jefferson, State of Colorado. Sandra Wiggins, Sid' tar ATTEST: _ c. Wanda Sang, City Clerk To be Published: July 19, 1994 Wheat Ridge Sentinel <pc>pnwsp941.txt .rr. '500 WEST 29TH AVENUE P.O. BOX 638 The Crty Df . WHEAT RIDGE. CO 80034~C638 1303) 234-5900 ~~- ea* City Admin. Fax ~ 234-5924 Police Dept. Fax ~ 235-2949 ~1d0'e July 20, 1994 This is to inform you that Case No. WSP-94-1 which is a request for G'jj-p plan approval with variances within the Wheat - R=rlgP Tnt' n C'Pn+Pr TTrhan ReneWa~ D~ Stri Ct .. for property located at i-hP nri-hPaGt rnrneY of Wadsc•~orth Blvd and West 3$th Avenue the Wheat Ridge Plannina Commission of the Municipal Complex, 7500 West 2 on Auaust 4, 1994 All owners and/or their legal counsel consideration must be present at this will be heard by in the Council Chambers 9th Avenue at 7:30 p.m. , of the parcel under hearing before the Plannina Commission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have .any questions or desire to review any plans, please contact .the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform Co n~, „~~~n r,.,,., Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet-are required to be notified of the. meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. n <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Planning .Commission DATE PREPARED: July 27, 1994 CASE NO. & NAME: WSP-94-1 CASE MANAGER: Meredith Reckert ACTION REQUESTED: Site plan approval with variances within the -- Wadsworth Town Center Master Plan area LOCATION OF REQUEST: NE corner of W 38th Avenue & Wadsworth Blvd NAME & ADDRESS OF APPLICANT/OWNER: Lee Ambrose, 3632 G4-10 Rd, --- Palisades CO Wheat Ridge Economic Devevelopment & Revitalization Committee (EDARC) APPROXIMATE AREA: 12.92 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Various retail & commercial uses SURROUNDING ZONING: N: PCD; 5: PCD, R-3, R-C; E: R-3, R-C, C-1; W: C-1, PCD, R-C, C-2 SURROUNDING LAND IISE: N: vacant,_commercial; S: Commercial, church; E: Commercidl., residential; W: Commercial COMPREHENSIVE PLAN FOR-THE AREA: W R Town Center Master Plan DATE PUBLISHED: July 19, 1994 DATE POSTED: July 21, 1994 DATED LEGAL NOTICES SENT: July 20, 1994 AGENCY CHECKLIST: (XX) ( ) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ( ) NONE ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE -- (XX) SLIDES ( ) SUBDIVISION REGULATIONS (XX) EXHIBITS- 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 Planning Commission Staff Report Case No. WSP-94-1 I. REOIIEST The applicants request approval of'a Site Plan for Development with variances for properties located at the northeast quadrant of West 38th Avenue and Wadsworth Blvd. The purpose is for the redevelopment of approximately 13 acres of land into a retail center with Safeway as a anchor tenant. Approval of a master sign plan is requested also. II. SITE PLAN 2 There are ten separate properties involved: The majority of the land is within the Park and Shop Subdivision and extends as far north as the Good Times Property at 4020 Wadsworth. A small vacant parcel north of the Vectra Bank building at 7391 West 38th Avenue is included'in the redevelopment plan. The plan includes the Burger King property which will stay "as is", the Baskins-Robbins site, the McDonalds property, Falcon Car Wash site and the Old KFC site. Excluding the Burger King property, all of these "pad" sites will be razed. The entire Park 'n Shop strip center building will be demolished with the--exception of the Blockbuster Video store on the south, which will become a freestanding building. The area being demolished extends north from Blockbuster to include the Hancock Fabrics building and the old Handy Dan building. The 14,00 square. foot. retail strip on the very north end which was built in 1984 will remain and will be incorporated into the redevelopment project. A freestanding Boston Chicken restaurant will be built north of the Burger King. Anew McDonalds restaurant will be constructed in the proximity of the existing car wash pad. The McDOnalds building is subject to a request for a front setback variance. In Spring of 1994, .the City of Wheat Ridge City council adopted design guidelihes for development within the Wheat Ridge Town Center. Please refer to Exhibit 'A' attached. Staff has the following comments regarding these standards: - The use of brick will occur as banding and accents on the Safeway store and strip retail. The banding will extend around to the rear of the building. - Bronze window frames-will be used on the Safeway Marketplace and attached retail. - Round pillars will be provided along the retail facades. - Landscape materials have been provided near entrances where possible. There appears to be room for additional greenery Planning Commission Staff Report 3 Case No. WSP-94-1 along the south wall of the McDonalds building. Street tree quantities appear to be sufficient. Buffering for adjacent properties on the east by a six-foot landscaped strip and a six-foot-high solid wall is consistent with other commercial developments. - Generally, the colors of the new building will be buff or light gray. The specifics are still being discussed. Slides and/or descriptions will be provided for each building at the public hearing. - No information has been provided regarding appearance of the pad site buildings. These structures need to be consistent with the Marketplace's colors and architectural features. - The existing retail and new marketplace will have common architectural elements including eave line and roof treatments. Freestanding buildings, will follow their corporate prototypes. - In general, trash storage areas are located so as not to be visible from public streets. Staff would like to see the McDonalds and Boston Chicken's dumpsters relocated behind the buildings. - Exterior lighting standards shown are consistent with those used in the Town Center Park. - Access points on Wadsworth have been reduced from six to two with the primary access point located across from West 39th Place., Two curb cuts-are proposed on West 38th Avenue where there are currently three. The primary access point on West 38th Avenue is opposite Vance to-the south. There .is still discussion regarding the potential signalization of these.- major access points. The setback required for structures along Wadsworth Blvd is 50 feet where only 30 feet is provided for the new McDonalds building. Please refer to the applicant's justification included under .Exhibit 'B'.' Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Sectioa 2-53(s). and Section 26-6(D)(2). Staff has the following comments regarding the criteria used to evaluate a variaace: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? Planning Commission Staff Report Case No. WSP-94-1 The building could still be built if the variance_is denied, however, it would be less aesthetically pleasing as parking in the. rear would have to be relocated between Wadsworth and the building front. 2. Is the plight of the owner due to unique circumstances? Circumstances could be considered unique due to the 20 foot right-of-way dedication for Wadsworth Blvd. 3. If the variation was granted, would it alter the essential character of the locality? 4 If the variance was granted it would not alter the character of _- the area. Denial of the variance could be detrimental to the appearance of the project. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? There is hardship due to the right-of-way dedication. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes.. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. 7. Has the alleged difficulty or hardship been created by any person presently having as interest in the property? No, the hardship has been created by CDOT and the City of Wheat Ridge. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? In regard to aesthetics, denial of the variance could be injurious to other property and improvements in .the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the dagger • ASE NO. WSP-94-1 EXHIBIT 'C' July 22, 1994 TOWN CENTER PLAZA 38TH & WADSWORTH BLVD. WHEAT RIDGE, COLORADO MASTER SIGN PLAN -PROPOSED The following is a proposed Master Sign Plan request for the redevelopment of the existing "Park and Shop" center at the northeast corner of 38th and Wadsworth Blvd. The following is an inventory listing of the existing free-standing signs currently located on the site: EXISTING FREE-STANDING SIGNS: 38TH AVENUE FRONTAGE: 15' high approx. Sign 1: "Park NShop"---------`---_ 15' Sign 2: "Burger King"----------`-- WADSWORTH BLVD. FRONTAGE: Sign 3: - "Burger King"---°----_-,-- 15' high approx. ' Sign 4: "Pazk N Shop"---------'--- 15 ' Sign 5: "Famous Footwear"---------- IS Sign 6: "Baskin Robbins"------------- 15 ' Sign 7: "McDonald's"------------ --- 15 Sign 8: "Falcon Car Wash"---------. 18 Sign 9: "Handy Dan"------------- _ Sign I0: "Town Center Plaza"---------- 15 PROPOSED MASTER SIGN PLAN 38TH STREET FRONTAGE: Sign 1: "Town Center" pylon sign, 20' high-------- 160 s.f. in area Sign 2: Existing "Burger King"---------aPProx. 80 s.f. WADSWORTH BLVD. FRONTAGE: Sign 3: Existing "Burger King"---------approx Sign 4: "Boston Chicken", 8' high monument, ---- Sign 5: "Blockbuster Video", 8' high monument, ---- Sign 6: "Town Center", 20' high py on, -------- Sign 7: Relocate exising "McDonald's" golden azches sign from existing site to new------- 80 s.f. 48 s.f. 48 s.f. 160 s.f. 100 s.f. approx. TOTAL PROPOSED SIGN AREA--- 676 S.F. TOTAL ALLOWED SIGN AREA--- 800 S.F. The proposed building wall and fascia sign azea would not exceed that currently allowed by the city's sign ordinance. Each tenant lease would contain a sign specification for uniformity of type and maximum sizes. All tenant signage would require sepazate sign permits issued by the City of Wheat Ridge. a - -- - ,--r--- - - -~~ ~ma I ~~~5 ~~~~ i i ~,~ ~ i~ ~ ~~~ ~s~Q~ ro - I i ~ ~ s ~~~~N~ ~-~ i , ~ ~ ~~ J ~~ ~~ ~ ~ n ~ f ~ 9 4 ~ J e ~ ~, ,, , ~ /~ ~ ~ ~ Imo/ i' /~ ~ ~• ' ~ _ _~__i r/ ice/ ~ ~ T< ' 1 ________ \\ \\ _.. ~• ~o -r ~ ~ ~ r T ,~ e \~ ~\' y ` _~ .- --- -- - ~ ,- i -- ~ ~ ~ W ~~ ~~ i '.• k ~ Q \ II/ ~ /~ w ~ ~ ~ ,1~ I ~ I r ~ / ^~ oN I ~ I I~ T /'" ~~' 6 ~ I ®~ G I i i~ m~ I ~ f ~o I ' ~~ ~ ~ ~ i ~' ~. . !I . _ _ ~ ~ ~ ~ ~ p6~6M6~0O PMC~~nl4 ~04L pL~L°~i.'I ~,.,...~„s .~ ~ s ~ ~ ~ ~Ca~6Mn7Qr( ML^~Gs'G{C~4P~G~6 C~6Mn 4L~G~l "'~=,a ewes `~ '~m G7, `a3'®4G~ ,N`?, gOO~WOG~l4G~ Mn7GJJC~Q4G°aU~66 6~~®G Q~~ ess .. wm~ :~ a~R. wwaaa vzo msse~vn i~vamn-nm g V 4 5 ~~ 3 .LI8IHX3 • TOWN CENTER MARKETPLACE STAFF REPORT ADDENDUM SAFEWAY • More brick needed in wall system, either wainscot or vertical panels; possibly the columns. • The two proposed freestanding signs can and should meet required setbacks. Variance is not justified. BLOCK BUSTER VIDEO • East & north walls need architectural treatment to match Safeway, including brick and color scheme. Balance of building should match. • Sign on Wadsworth is not warranted as Block Buster is oriented to W. 38th Ave. Sign should be on W. 38th and meet setback requirements as variance is not justified. MC DONALDS • The building design is out of character with center and is not unified in terms of design. • It is cubicle in design with a flat roof and no architectural relief. • Need roof system that provides slope or wall treatment that includes sloped canopies. • Walls need brick accent and need to compliment Safeway colors. • All window casings, including playlands, should be bronze rather than bright aluminum. • If wall signs for playland are used as proposed, then a freestanding sign is unwarranted as the wall signs provide similar signage. Only a monument sign should be approved. Perhaps the existing sign can be reused as a monument sign. If the wall signs are not utilized, then a free standing sign which meets setbacks would be acceptable. BOSTON CHICKEN • The building color combination should compliment the earth tones use in the balance of the center. • Brick accent needs to be incorporated into the wall system. • The monument sign needs to meet required setbacks. There is no justification for variance. BURGER KING • Freestanding signs should be converted to monument signs in order to be consistent with the unified center concept. gg81194.mem Continued to August 11,4 pUBLIC HEARING SPEA~3' LIST CASE H0: wsP-94-1 DATE: 08-04-94 REQUESTS An application to consider a request by Lee Ambrose for approval of a site plan with variances-for redevelopment of a 13-acre Commercial-One zoned property located within the Wheat Ridge Town Center - Urban Renewal District. The ~ property is located at_the northeast y position O.n Request; corner of Wadsworth Blvd, and West 38tkt _ (Please Check) ; SPEAKE~Y~`n~~11E ~ ADDRESS (PLEASE PRIpNT) i IN F V i POSED i A~}ose^+~S~ly~ , 1 s EJi jl a~~ G~.6al a z~~ Qua; ! S~, t~RvMc)°; ~ ,L~~-~, ; 1 1 1 1 1 1 1 I I ' ; , 1 , 1 1 ' ~ ' i ' 1 , 1 1 , , 1 1 ' I 1 1 I ~ ' - ' 1 1 t • ~ ; ~ ' , t 1 1 1 1 1 1 1 1 1 1 1 + ~ 1 1 - ' - STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region G 2000 South Holly Street Denver, Colorado 80222 (303) 757-9011 July 21, 1994 Attn: Meridith Reckert City of Wheat Ridge Department of Community 7500 West 29th Avenue Develpment r,~r~ ~~ ~^~~!ear R1~Gl --~~~~n.t~_ P' 'Jt:..~.,. fi ~. ,: ~i' Ptar>tr~ry'u tx fl1:vEtcrrrty~ P.O. Box 638 Wheat Ridge, Colorado 80034-0638 Re: Replat and site plan for property located in the northeast corner of Wadsworth boulevard-and West 38th Avenue. Dear Meredith: The Colorado Department of Transportation has reviewed this proposal and finds that a full-movement access at West 39th Avenue is acceptable in consideration of the closure of existing curb cuts and construction of a continuous northbound right turn acceleration/deceleration lane. Signalization of the West 39th Avenue intersection is not approved because of its proximity to the exisitng signalized intersection at West 38th Avenue. The Department would also like to know if the additional 20.00 foot wide strip of land for right-of-way purposed will be conveyed by subdivision plat or by separated deed? If by subdivision plat, the Department recommends identifying the parcel as "Lot A" and adding a note to read "Lot A is hereby dedicated for public roadway purposes." If you should ha<re any questions, please call me at 757-9901. Sincerely, Blea Pro ram Manager RJB/gt cc: warner Lipp City of Wheat Ridge SH 121 rf WYATT & ASSOCIATES, ASA"~~ARCHITECTS and PLANNERS July 22, 1994 Mr. Glen Gidley Director, Planning ~ Development The City of Wheat Ridge 7600 W. 29th Ave. Wheat Ridge> Colorado 80064 RE. REDEVELOPMENT SITE PLAN TOWN CENTER PLAZA 38TH & WADSWORTII Dear Mr. Gidley: Please find enclosed herein 15 copies of the revised plans for the above noted project. The revisions are in response to your review continents of July 12, 1994. The following are cornments in response to the items noted in your letter. Item a. Subdivision/Re-Subdivision: As I noted on the telephone, we have submitted a tentative plat which is an outline plan of the manner in which we propose to replat the property. However, it is premature at this time to submit a subdivision plat since there aze continuing negotiations between the Land owners and the principal major tenants concerning their specific needs. In addition, the detailed ALTA land surveys have not been completed which identify all existing easements, utility services and other documentation which will be needed in order to complete the plat. The owner's appreciate the willingness of the city to expedite the platting procedure, but recognize that a more complete and accurate subdivision plat will be prepared upon completion of the survey's and upon approval of the site plan documents. We anticipate submitting this plat as soon as possible and realize that no new building permits can be issued until a replat is submitted. b. Site Plan: With this resubmittal, we are requesting approval of the site plan by the Planning Commission and City Council. 1. The data box and legal description now include the Burger King site. 2. The vectra Bank parcel in now included in the legal description and is a part of the overall site development plan. Upon completion of the survey documents, the legal description for the entire property will be appropriately revised. 3. The landscaping buffer along the east property line has new been extended to the north property line. 4. The parking stall arrangement at the northeast corner cf the site has been modified so that the future access easement is not obstructed. 5. Access between the "Good Tunes" site and the shopping center is not proposed at this time. 6. After dedication of an additional 20' of ROW on ~h'adsworth Blvd., the setback for the proposed McDonald's will be approximately 33 feet. Refer to the attached variance request. 1165 so. pennsylvania st., denver, Colorado 80210 (303) 698-1717 ' Ffr`: `Glen Gidley July 22, 1994 Page Two 7. A sidewalk has now been shown along Wadsworth Blvd. Per the Urban Renewal Plans for Wadsworth Blvd. as provided by the City of Wheat Ridge, the sidewalk is an a 5 foot attached wallcway. 8. Sidewalks into the site along the major entrances on Wadsworth and 38th have now been provided. 9. A note has been added for the proposed turning lane on Wadsworth Blvd. 10. The Wadsworth access at the Burger King location is now shown as right turns only. 11. Attached herein aze the preliminary elevations for the proposed Safeway store and attached retail buildings. Elevations for the proposed pad buildings should be ready prior to the City Council meeting. . 12. The typical parking lot light standazd is shown on the plan. 13. A Master Sign plan request is attached herein. A signed application form is also attached herein. We respectfully request clarification of the application fee of $185.00. At the time of the original submittal a check in the amount of $150.00 was paid to the city. Does this mean we owe an additional $35.00 or is the $185.00 fee in addition to the $150.00 fee? If you have any questions, please do not hesitate to call. Thank you for your continued cooperation. Cordially, ATT & ASSOCIATES, P.C. D yatt, Architect cc: Lee Ambrose Katy Press Barry Cordell Ron Davis ... ~v ~. ,• ~! Fi Pi ~`i G~ G Fj ~F~I+FSF`Fl~~i }~~ iyi 3d . ~•:: _ Y ! 1~ G'8[ 'S! i' rr ( II ~Fft FiF°-~Fi6 ` `z ! a Gcs _E ` ~ !¢~ i~ ! ~ FEZ. ! : iSii iin `~~@ liip~ + 1. i ~.~ii~~~~'~f'~: ~t Ffn ~i t-- '~'~~:~i~tS~~F ~ atrrt ;i F ¢~iF_~I:~'•t~i~~ Vii: !E I r 4 H g~9 I ~~~ I .~~ I • I ~~~ I I J I ~~ i ~ 39iN aTE. r I ~ II t. r' I I Il a~1 !~ r / i ' ~g~ a WU P aa~~l~ ~~~~~~ ~ ~~ ~ ~ ~~`~ +~ _~= I 9ir_ _ i 'e' r onsriw com rites aacERS cin vnrac i i I I P ~; ~~ O' _~ GM. ~®1701 --{-- -- t--- 1 F x VgCPNT I ~~,~ Q ~ ~ ~~ le ~ .. I I I I I I I I i I I Ieo~ .,~ C ~Q i~ d~ ~~ ~~ Y ~~ ~ ~j ~~ ~~ 4 ~ ~ ~ P ~I ` ~ Y 4 I~ I~ l ~ L ' ~~ m f^ r " N ~ ~~ ~ ~ ~ ~ ~~ ~~ ~~~~~ ~ ~ ~~~~ ~ 4 qp#~ ~ ~ `J ~ ~Q~g~~ ~ ~ ~~~~ 3 ' ' r ~g ~ ~ G ~~ ~ ~ °~ ~°w~ G~ f~C~®~N/L 6,®PRAL~9d4 ~U4L~ P6.L41Qd Ma?. 3B4'C-0 L~1Pd® MJ~~NkI®I~Flk9 ®A.R7®. ..m.,~.K~~~rt ~~ .~ ~ ~ ~~ ~~ a~ ~i ~~ ~^ ~~ ~~ ~~ n hyl, P 3 t ~ ~ ~ii~ i~ Ci Y ~~ ~~ ~.. ,~ <. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 6 2000 South Holly Slreel . Denver, Colorado 80222 (303) 757-9011 August 8, 1994 Attn: Steve Nguyen City of Wheat Ridge Public Works Department 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6797 OT ~~r•~~ 8~~~ Re: Proposed Access at West 38th Avenue and Wadsworth Boulevard. Ref. #0878 Dear Steve: The Colorado Department of Transportation has reviewed this proposal and finds that the interim access proposal is acceptable up until the time that the Safeway redevelopes the site. Also, twenty feet of additional right-of-way .will be sufficient for future highway widening. The future typical shows the back edge of sidewalk at the right-of-way line. Enclosed you will find a copy of a typical drawing for your use. If you should have any questions, please call me at 757-9901. Sincerely, y J/~Blea Pro am Manager RJB/gt cc:' Warner Lipp City of Wheat Ridge S.H. 121 RF Enclosure '' a F C O w„ U r " r ~ F m i N ~ . } a ~ ~ . ~ m ~ ~ ~ m ~ p ~ o C s,, w _- ,!a~i 1 ~ ti ~ N ~ = J Rf ~ O m : =5 : ~ N '.. CC . , ~ ~ ;~-~ . ~ m ~~ ~ a "~ 0 ~ Q T cC , O ° O ~ M 3 m , „ := o ,~ o m i :- ~ r ¢ o ~ t r F C L ~ (Q U ~ UJ n' Q L ~" ~ ~ ~ ~ T '"~ ~ ~ ^ ` W L O L o F- ~ ~ m O r v a y V A ` W ~ m v ~ O ~ o Z m v ~ ~ ~ o w m ~ N 1- W J J J - _. _ W O J ~ x~ _. _ ~ 19 - _ ~, ~ , m Q ~ ~ O , '~ ~ ~ a i a~ ~ d ' ~ ~a ~a v y ~ C O L V O ~ •. p ~ i ~ w V i C1 Q h y O i V I> /~ .C (\/ I ~r ,c ~~ ~ ~ MEMORANDUM TO: Dennis Wyatt, Architect Glen Gidley, Director of Community Development Meredith Reckert, Planner/ Jacque Wedding -Scott, Economic Development Coordinator FROM: Ann Pitinga, Director, EDA RE: City of Wheat Ridge Sta Concerns regarding Safeway Marketplace site plan as submitted August S, 1994 DATE: August 9, 1994 At the meeting on August 9, 1994 between the 5 listed individuals, numerous issues were raised. The following is a list of comments according to my notes. If there are any changes, please advise within 24 hours because some lease negotiations between the property owner and the tenants may be necessary to resolve some of the issues. 1. Dennis Wyatt stated that the signage setbacks can be adjusted to reduce the variances required. The sign on W. 38th Ave and the Boston Chicken sign can be placed within the permitted area by removing one stall of parking. The shopping center sign and the McDonalds also can be moved to not require a variance. Meredith stated that she would like to see all the monuments in a line. Dennis stated that it would be difficult for the Burger King sign to be moved due to the location of the access point on Wadsworth Blvd. Glen stated that the Blockbuster Video monument sign is not allowed on Wadsworth Blvd. because their street frontage is W. 38th Ave. Dennis stated that this location was directed by Lee Ambrose. Z. Glen stated that he was less than enthralled with the color scheme presented. When informed by Dennis that the color scheme was direct from Safeway corporate and they were unwilling to waiver, Glen stated "I can't believe the color of the roof is a deal breaker, but OK." He stated he would like to see more brick, for example vertical panels similar to what is on the auxiliary retail or bands of brick color in the columns. He is concerned that there is alot of block. 3. Regarding the site plan, there needs to be a curb at the eastern rear drive aisle. Also the drainage report needs to account for the historic flow from the Minshall apartments to the Park N Shop subdivision storm sewer outlet. Parking lot lighting will be on bronze poles with bronze standards, shoebox design, about 25 feet high of either type 5 or type 3 depending upon the location on the site. Safeway shopping center signs will carry the building elements into the poles. Directional signage poles will also be consistent with the lighting poles. 4. The access point on W. 38th Ave. needs to be designated right in and right out on the site plan. Dennis indicated that landscaping could probably be added on the south side of McDonalds and the McDonalds trash receptacle could be relocated so it is not adjacent to the street. 5. Glen stated a major issue is that the proposed McDonalds building is not consistent with the other buildings in the shopping center. He believes it is a white cube with no mansards and golden arches. McDonalds, at a previous meeting with Glen, indicated that wainscotting of brick and consistent color theme would be acceptable. Glen stated that he believes that there needs to be a roof line similar to the mansards of the other buildings or vertical drop canopies on the primary building to provide consistency. 6. The issue regarding McDonalds pylon sign was addressed. The cost savings of moving the nonconforming sign was raised by Ann. Yet McDonalds stated that they believed that they could live with a 100 sq. ft. monument sign previously. Also Glen stated that if the McDonalds playplace sign was on the building there would be too much visual clutter. Therefore, unless the playplace is not built, the staff recommendation is for a monument sign. If the playplace is not built, Glen recognizes that it would be unfair to McDonalds to eliminate the pylon sign if Burger is allowed to retain theirs. 7. Upon making the Blockbuster Video a freestanding building, the building should be painted a similar color as the rest of the center, they will keep their awning. It is recommended that there be some incorporation of brick by wainscotting or vertical panels etc. Ann was concerned that the immediate placement of shrubs against the building would cover the brick. Dennis stated that it would be a balance between the final landscape plan and the brick. 8. The Boston Chicken colors were addressed. There does not appear to much leadway in their colors but staff would like the block to be closer to the colors of the center. 9. Meredith stated that Bob Middaugh would highly recommend that the property owners continue to try to get Burger King to change their nonconforming sign to a monument sign. If this is not possible, there should be language in the master sign plan which states that the nonconforming sign shall be replaced by a monument sign whenever it is replaced. - -• ~ y ®~ r 4~ ~ ~~ ~ '~£ ~ ~~ ~Z ~£ P ~F §i'• NmN y ~ ~ ~ 1 1 1 ~ ~ 1 ~~ N_ ~ -1 ~ ~ y ~ p ~~Q y!$ VS `X ~m V>•'~ON P <a ~m \\ \ \~ \\ \~ t ~ ~ ~y \ 0 ~ ~ >. ~\ ~~ \` ~~ ~~ .~ ~~ ti ~\ ~~ ~ ~ ~~ \ ~~ < P 1J ($(~y~j{ y(Z j ~~fi ~ ~ ~ ~ l~N~ OS~ ~ ~1 ~ m I NUAN V,rp~ M~ ~~ r y ~~~ ~~~ 9s d.. ~~ ~ McDONALD' S GORPORATI ON 4 94 SERIES 2000 BLDG UPDATE DENVER RE6ION l51 O „, ~ ~oix erma~[uiwts en~i ~} f ~Ca ~ TIGZE GRrNIN65 AMJ 5!£GIFILATIONv AftE THE FT.GPHSfY GF _ _ D'S GOF80RATION AND SHALL NOT BE COPIED OR RE('RJRICED M OONN ' e ~ ~a ••~~. m w.2 ryy~~ c . i ~e e~ i. _ WI T}IWT 'THEIR iRil'fEiJ PETd1I5510N. ~ ~O Fly. on'R IbWID IGYIL APES i a-i -v4 MAIN BTREET AND 2300 {tiLST TREMONTON, UTAH Z P a O A y~ ~~ ~~ ~~ ~_~ {y1 y ~~( ~N ~~ ~ _~ ~~ 40 N~ ~~ €~ ~ ~~ ~~~ u ~~~~ - gP vv z- N~ ~g .. # NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on August 11, 1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. The purpose of this meeting is to hold public hearings for land use cases continued from the August 4, 1994 Planning Commission meeting due to lack of quorum. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-94-8: An application by David Thorngren for Hans Pedersen for approval of a rezoning from Agricultural-One to Planned Recreational Vehicle District and for approval of an outline development plan with variances for property located at 4859 Miller Street. PARCEL #1 A PART OF THE S.W. 1/4, SE.1/4, SEC.16, T.3S. R69W. OF THE 6TH P.M., SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE S.E. CORNER OF THE S.W. 1/4, OF THE S.E. 1/4 BEARS 5-00°-30'00" W485 FEET; THENCE N-89042'-00" W285.5 FEET THENCE N-000-30'00"E 161.0 FEET THENCE 5-.890-42'00"E 285.5 FEET THENCE 5-00030'-00"W161.00 FEET TO THE POINT OF BEGINNING, EXCEPT THE EAST 30 FEET THEREOF, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL #2 COMMENCING AT THE S.E. CORNER OF THE S.W. '1/4, OF THE S.E. 1/4, SEC. 16, T.3S., R 69W OF THE 6TH P.M. THENCE N-000-30'-00"E 485.00 FEET THENCE N-890-42'-00"W 285.5 FEET TO THE POINT OF BEGINNING THENCE N-000-30'-00"E 161.0 FEET THENCE N-890-42"-00" W 255.5 FEET THENCE 5-000-30'00" W161.0 FEET THENCE 5890-42'-00"E 255.5 FEET TO THE POINT OF BEGINNING, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. 2»_~__ ~?se No.~ WSP-94-lit A public hearing will be held to consider a request by_Lee Ambrose for approval of a site plan with variances for redevelopment of a 13-acre Commercial-One zoned property located within the Wheat Ridge Town Center - Urban Renewal District. The property is located at the northeast corner of Wadsworth Blvd. and West 38th Avenue, more particularly described as follows: PARK AND SHOP SUBDIVISION A part of the S.E. 1/4 of Section 23, T 3 S, R 69 W of the 6th P.M. City of Wheat Ridge, County of Jefferson, State of Colorado. A part of the southeast one-quarter of Section 23, Township 3 South, Range 69 P.M., City of Wheat Ridge County of Jefferson, State of Colorado, more particularly described as follows: .. ~~ Commencing at the southwest corner of the southeast one-quarter of Section 23,~TOwnship 3 South, Range 69 West; thence easterly and along the south line of said southeast one-quarter 45,00 feet; thence on an angle to the left-o£_89°48'.19" and. northerly and parallel to the west line of said southeast one-quarter 30.00 feet to the point of beginning; thence continuing northerly and parallel with the west line of said southeast one-quarter 1.027.80 feet; thence on an angle to the right of 89°48'19" and easterly parallel with the south line of said southeast one-quarter 612.80, feet; thence on an angle 'to the right of 90°11'14" and southerly 606:70 feet; thence on an angle to-the right of 89°49'46" and westerly 131.65 feet; thence on an angle to the left-of 89°48'19" and southerly parallel with the west. line of said southeast one- quarter 421.15 feet to a point lying 30.00 feet north of the --- south line of said southeast one-quarter; thence on an angle to the right of 89°48'19" and westerly parallel with said south line 481.40 feet to the point of beginning containing 13.191 acres more or less. And including the north 121 feet of the following described property: Beginning at a point 30.00 feet Northerly and 526.40 £eet Easterly o£ the Southwest corner of said Southeast one-quarter; thence Northerly parallel with the West line of said Southeast one-quarter a distance of 421.15 feet; thence on an angle to the " right of 89045'00" and along a line parallel with the south line of said Southwest one-quarter a distance of 131.65 feet; thence on an angle to the right of 90013'37" a distance of 421.15 feet to a point 30.00 feet Northerly of the said South line of the Southeast one-quarter; thence on an angle to the .right of . 89046'23" and along a-line of 30.00 feet Northerly of and parallel-to the said South line of the Southwest one-quarter a distance of 131.82 feet to the point of beginning. Save and except that portion of the above-described land conveyed to the Americana Oil Company on the 21st day of March, 1972, to wit: A part of the SE 1/4 of Section 23, Township 3 South, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at a point 30.00 feet Northerly and 526.40 feet Easterly of the Southwest corner of said SE 1/4; thence Northerly parallel with the West line of said SE 1/4 a distance of 100.0 feet.; thence on an angle to the right of 89°45'00" and along a line parallel with the South line of said SE 1/4 a distance of - 131.70 feet; thence on an angle to the right of 90°13'37" a distance of 100.0 feet to a point 30.00 feet Northerly of the said South line of the SE 1/4; thence on an angle -to the right of 89°46'23" and along a line of 30.00 feet Northerly of and parallel to the South line of the SE 1/4 a distance of 131.82 feet.. to the point of beginning, County of Jefferson, State of Colorado. Sandra Wiggins, Secretary ATTEST: Wanda Sang, City Clerk To be Published: August 9, 1994 Wheat Ridge Sentinel <pc>wsp941.txt NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on August 22, 1994 at 7:00 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. - 4~ An application to consider a request by Lee Ambrose for approval of a site plan with variances for redevelopment of a 13-acre Commercial-One zoned property located within the Wheat Ridge Town Center - Urban Renewal District. The property is located at the northeast corner of Wadsworth Blvd. and West 38th Avenue, more particularly described as follows: PARK AND SHOP SUBDIVISION A part of the S.E. 1/4 of Section 23, T 3 S, R 69 W of the 6th P.M. City of Wheat Ridge, County o£ Jefferson, State of Colorado. A part of'the southeast one-quarter o£ Section 23, Township 3 South, Range 69 P.M., City of Wheat Ridge County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southwest corner of the southeast one-quarter of Section 23, Township 3 South, Range 69 West; thence easterly and along the south line of said southeast one-quarter 45.00 feet; thence on an angle to the left of 89°48'19" and northerly and parallel to the west line of. said southeast one-quarter 30.00 feet to the point of beginning; thence continuing northerly and parallel with the west line of said southeast one-quarter 1027.80 feet; thence on an angle to the right of 89°48'19" and easterly parallel with the south line of said southeast one-quarter 612.80 feet; thence on an angle to the right of 90°11'14" and southerly 606.70 feet; thence on an angle to the right of 89°49'46" and westerly 131.65 feet; thence on an angle to the left of 89°48'19" and southerly parallel with the west line of said southeast one- quarter 421.15 feet.to a point lying 30.00 feet north of the south line of said southeast one-quarter; thence on an angle to the right of 89°48'19" and westerly parallel with said south line 481.40 feet to the point o£ beginning containing 13.191 acres more or less, And including the north 121 feet of the following described property: Beginning at a point 30.00 feet Northerly and 526.40 feet Easterly of the Southwest corner of said Southeast one-quarter; thence Northerly parallel with the West line of said Southeast one-quarter a distance of 421.15 feet; thence on an angle to the right of 89°45'00" and along a line parallel. with the south line of said Southwest one-quarter a distance of 131.65 feet; thence on an angle to the right of 90013'37" a distance of 421.15 feet to a point 30.00 feet Northerly of the said South line of the Southeast one-quarter; thence on an angle to the right of 89046'23" and along a line of 30.00 feet Northerly of and parallel to the said South line of the Southwest one-quarter a distance of 131.82 feet to the point of beginning. Save and except that portion of the above-described land conveyed to the Americana Oil Company on the 21st day of March, 1972, to wit: A part of the SE 1/4 of Section 23, Township 3 South, Range 69. West of the 6th P.M., more particularly described as follows: Beginning at a point 30.00 feet Northerly and 526.40 feet Easterly of the Southwest corner of said SE 1/4; thence Northerly parallel with the West line of said SE 1/4 a distance of 100.0 feet; thence on an angle to the right of 89°45'00" and along a line parallel with the South line of said SE 1/4 a distance of 131.70 feet; thence on an angle to the right of 90°13'37" a distance of 100.0 feet.to a point 30.00 feet Northerly of the said South line of the SE 1/4; thence on an angle to the right of 89046'23" and along a line of 30.00 feet Northerly of and parallel to the South line of the SE 1/4 a distance of 131.82 feet to the point of beginning, County of Jefferson, State of Colorado: 2. Case No. WZ-94-5: An application by R & J Associates for approval of a combined outline and final development plan and plat with variances for property located at 11200 West 44th Avenue. Said property is legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21; THENCE N. 0024'57"W. ON AN ASSUMED BEARING, BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 21 BEARS N. 0031'40" W., ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21 A DISTANCE OF 28.47 FEET TO THE SOUTHWEST CORNER OF LOT 4, PROSPECT OFFICE PARK SUBDIVISION, A SUBDIVISION RECORDED IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING N. 0024'57"W. ALONG THE WEST LINE OF LOT 4 AND THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER A DISTANCE OF 222.17 FEET; THENCE N. 89056'40"W. A DISTANCE OF 207.13 FEET TO A POINT WHICH LIES 252.33 FEET .NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 21 AND 1115.60 FEET EAST OF THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21; THENCE N. 0031'40"W. PARALLEL TO THE WEST LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 335.66 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN • ~ RECEPTION NUMBER 85101319 OF THE JEFFERSON COUNTY RECORDS; THENCE S. 89059'30"E. ALONG THE SOUTH LINE OF SAID TRACT A DISTANCE, OF 207.77 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21; THENCE S. 0024'57"E. ALONG SAID EAST LINE A DISTANCE OF 214.94 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE N. 89059'42"E. ALONG THE NORTH LINE OF SAID LOT 4; TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE S. 0025'07"E. ALONG THE EAST LINE OF LOT 4 TO THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N. 89059'42"W. A DISTANCE OF 309.52 FEET TO THE POINT OF BEGINNIN ATTEST: Wanda Sang, City Clerk Sandra Wiggins, S~ tary To be Published: August 2, 1994 Wheat Ridge Sentinel <pc>cc8894.phn ~ ---~ -500~NEST 29TH AVENUE P o. eox s3a The City of WHEAT RIDGE. CO 80034-0^038 _ {3031 23?-5900 cWheat City Admin.rax~234-5924 Po!iceDept.Pax~235-2949 ~ -- - +~ldge August 8, 1994 This is to inform you that Case No. WSP-94-1 which is a request for site plan approval with variances, within the Wheat Bidae Town Center - Urban Renewal District for property located at the northeast corner of Wadsworth Blvd. and West 't8th Avenge will be-heard by the wheat Ridge ---~Y ('pnnril in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. on August 2 X994 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Citv 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 desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' ~e r,,. ., ~.,.,,,~~ .~~ Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a 1'and use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of .the meeting is to provide the. opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet-are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendere~. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through. 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: City Council DATE PREPARED: August 12, 1994 CASE N0. & NAME: WSP-94-1 CASE MANAGER: Glen Gidley ACTION REQUESTED: Site plan approval with variances within the Wadsworth Town Center Master Plan area . LOCATION OF REQUEST:, NE corner. of W 38th Avenue & Wadsworth Blvd NAME & ADDRESS OF APPLICANT/OWNER: Lee Ambrose, 3632 G4-10 Rd, Palisades CO Wheat Ridge Economic Development & Revitalization .Committee (EDARC) APPROXIMATE AREA? 12.92 acres PRESENT ZONING: Commercial-One. PRESENT LAND .USE: Various retail & commercial uses SURROUNDING ZONING: N: PCD; S: PCD, R-3, R-C; E: R-3, R-C, C-1; W: C-1, PCD, R-C, C-2 SURROUNDING LAND USE: N: vacant, commercial; S: Commercial, church; E: Commercial, residential; W: Commercial COMPREHENSIVE PLAN FOR THE AREA: W R Town Center Master Plan DATE PUBLISHED: Au st 2, 1994 DATE POSTED: August 5, 1994 DATED LEGAL NOTICES SENT:August 8, 1994 AGENCY. CHECKLIST: (XX) _ __ ( ) NOT REQUIRED RELATED CORRESPONDENCE': (XX) ( ) NONE ENTER INTO RECORD : ' (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (XX) CASE FILE & PACKET MATERIALS (XX) SLIDES (XX) EXHIBITS 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. City Council Staff Report _ 2 Case No. WSP-94-1 I. REQUEST The applicants request approval. of a Site Plan for Development and a variance for properties located at the northeast quadrant of West 38th Avenue and Wadsworth Blvd. The purpose is for the redevelopment of approximately 13 acres of land-into a retail center with Safeway as an anchor tenant. II. SITE PLAN __ There are ten separate lots involved. The majority of the land is within the Park N Shop Subdivision and extends as far north as the Good Times property at 4020 Wadsworth. A small vacant parcel north of the Vectra Bank building at 7391-West 38th Avenue is included in the redevelopment plan. The plan includes the Burger King property which will stay "as is", the Baskin-Robbins site, the McDonald's property, Falcon Car Wash site and the old KFC site. Excluding the Burger King property, all of these "pad" sites will be razed. The entire, Park N Shop strip center building will be demolished with the exception of the Blockbuster Video store on the south, which will become a freestanding building. The area being demolished extends north from Blockbuster to include the Hancock Fabrics building and the old Handy Dan building- The 14,000 square foot retail strip on the very north end which was built in 1984 will remain and will be incorporated into the redevelopment project. A freestanding Boston Chicken restaurant will be built north of the Burger King. Anew McDonald's restaurant will be constructed in the proximity of the existing car wash pad. The McDonald's building is subject to a request for a front setback variance.. Access to the site will be achieved from Wadsworth Blvd. where the current six curb cuts will be reduced to two with the southernmost access being restricted right turns and the northern main access being a 3/4 turn access. The- accel/decel lane will also be fully extended and additional ROW dedicated for eventual full build-out of Wadsworth Blvd. to the regional arterial standard- .Access from West 38th Avenue will be achieved by a main curb cut at the southeast .corner,-which is proposed to be signalized as it aligns with Vance Street, with a restricted right turn access near Burger King. Signage for the project will include two freestanding development ID signs (one on West 38th and one on Wadsworth); no change-for Burger King, re-use of the existing McDonald's sign, and monument signs for Blockbuster Video and Boston Chicken. (See attached Exhibit 'C') There will be additional wall signage on each of the buildings that meet the City's standard regulations. City Council Staff Report . Case Nc. WSP-94-1 III. BUILDING AND SITE DESIGN _ __ In the spring of 1994, the City adopted Design Guidelines for - development within the Wheat Ridge Town Center. (Please refer to Exhibit 'A' attached). Staff-has reviewed the information _ provided to us by Safeway and McDonald's and have the following comments and recommendations: A. SAEEWAY & ATTACHED RETAIL SPACE: Generally, the parking lot arrangement, proposed lighting and landscaping comply with the Design Guidelines. The building design is based upon the new Safeway model recently constructed in other parts of the metro area. Their architect has achieved incorporation of some of the suggested design elements, such ae-brick accent, bronze window and door casings, and earth tone colors. The_roof facade is mansard, teal blue and ribbed metal. They have also incorporated a canopy with round columns. Staff_had recommended at Planning Commission that additional brick be incorporated into the Safeway facade either as vertical panels or a short wainscot,_and/or within the columns. Safeway has agreed to installing several brick planter boxes along its front instead. Staff believes that this will meet our additional brick objectives. B. BLOCKBUSTER VIDEO: The intent is to rehab the exterior north and east walls with similar wall materials and treatment as the Safeway. The south wall. would be painted to match. __ C. BURGER KING:- No changes proposed. D. BOSTON CHICKEN: Based upon a photo of their prototype, they are masonry buildings (split faced block and/or brick) with some stucco, painted in light grays, with a black, white and red canopy. This pad site includes a drive-up window. Staff would encourage incorporation of unifying design elements such as brick accent and color._ _ E. MC DONALD'S: The McDonald's pad shows a 4400 square foot building with a "play land", with drive through lanes. The setback from the front property line is shown at 33.5 feet where 50 feet is required. A variance is necessary for this setback. (See Part IV of this report.) .Although they show the play land, it is not assured that it would be constructed.. Based upon the decision on the play land, they will build either the traditional style building with mansard roof (similar to their old one that burned), ,or if they want the play land, a more modern style that is typified by attached Exhibit 'D'. City Council Staff Report 4 Case No. WSP,94-1 The new type building design originally presented to Planning Commission was out of character with the center and not unified in terms of design. It did .not incorporate similar brick color or roof/canopy design. However, in a subsequent meeting with staff, McDonald's has .agreed to incorporate .these elements if they build the new type building. IV. VARIANCE McDonald's front setback is shown at 33.5 feet where 50 feet is I required by the .Zoning Ordinance. __ Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). Staff has the following comments regarding the criteria used to evaluate a variance: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The building could still be built if the variance is denied, however, it would be detrimental to the parking and drive circulation to the east and impact the 14,000 square foot of retail space negatively. 2. Is the plight of the owner due to unique circumstances? Circumstances could be considered unique due to the 20 foot right-of-way dedication for Wadsworth Blvd. 3. If the variation was granted, would it alter the essential character of the locality? If the variance-was granted it would not alter the character of the-area. Denial of the variance could be detrimental .to the success of the rear area retail, 4. Would the particular physical surrounding, shape or topographical condition o£ the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the, regulations were carried out? There is hardship due to the right-of_-way dedication. ,_ 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? No, as it is site specific. City Council Staff Report 5 Case No. WSP-94-1 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Yes. 7. Has the alleged difficulty or hardship 'been created by any person presently having an interest in the property? No, the hardship has been created by CDOT and the City of Wheat Ridge. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? In regard to rear retail, denial of the variance could be injurious to the success of that space. 9, Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Approval of _the variance would not affect the amount of light and air, increase street congestion, increase, fire danger or endanger public safety. Staff concludes that the criteria supports approval of this request. V. RESUBDIVISION Attached Exhibit 'E' is a copy of the existing "Park N Shop Subdivision" plat and Exhibit 'F' is the revised plat. It is the intent that new lot lines will be created to correspond with the new lease lines. .Also, some of the existing easements will be modified by the rearrangement of buildings and drive aisles. Additionally, the actual dedication of land for Wadsworth Blvd. and West 38th Avenue will-also be reflected on the plat, however will probably occur by separate deeds so that Council can formally accept those dedications. Because of the urgency to move forward with this project on a short time schedule, a final plat has not been completed. It is recommended that Council approve the replat in conc"ept and allow the filing of the plat after you have accepted the deeds for West 38th Avenue and Wadsworth Blvd. The final details of the plat City Council Staff Report Case No. WSP-94-1 6 can be worked out with-staff and affected agencies and presented to the_Mayor for signature, VI. AGENCY REFERRALS __ All agencies can provide service to the property. Wheat Ridge Water would like to see a looped system with the developer tying into the 12-inch line in Upham Street. Wheat Ridge Fire will require the installation of additional fire hydrants. CDOT will allow the curb cut on Wadsworth Blvd. across from West 39th Avenue as proposed if an accel/decel lane is built. -They are still negotiating with Safeway .regarding potential signalization at that location. Department of Public Works will require a drainage plan and report. They will require right-of-way dedications for West 38th Avenue and Wadsworth Blvd. They are requesting a traffic impact analysis to_determine the need for signalization at the major entrances on West 38th Avenue (across from Vance Street) and Wadsworth Blvd. (across from West 39th Avenue). VII. PLANNING COMMISSION RECOMMENDATION Planning Commission heard this case at a public hearing held August 11, 1994 and recommended approval of both the variance and the proposed re-development plan with specific conditions. (See attached Planning Commission resolutions.) VIII. STAFF RECOMMENDATIONS In regard to the setback variance for McDonald's, Staff concludes _ the situation is unique, there is hardship involved and a better development will result. Since the variance criteria support this request, a_recommendation of Approval is given. Staff concludes that the site plan for development meets or exceeds the minimum requirements for C-1 development, meets the Town Center Design Guidelines and is consistent. with the goals and objectives of .the Town Center Master Plan. For these reasons, a recommendation of Approval is given for the site plan with the following conditions: 1. There are several design issues raised in Section-III of this report. We asked Council for authority to work with the developers to resolve .those issues prior to construction. Those issues relate to unifying design _ _ elements such as brick, color and roof features, landscaping and trash enclosures. City Council Staff Report _ ~ Case No. WSP-94-1 2. We recognize that this is a conceptual site plan. Staff asked Council for administrative f_lexibility'to authorize minor changes and variations from the site plan, i£ necessary, at time of building permit approval, provided that no such change or variation will reduce a development. standard beyond the minimums required for the. C-1 zone district. _- 3. Staff be authorized to work with the owners and affected. agencies to finalize a replat of this area and to cause such plat to be recorded. Deeds for dedication of West 38th Avenue and Wadsworth Blvd. will be submitted to Council for acceptance. C:\wsp941.sr ~~•' : •~ ~ CASE NO. WSP-94-1 5~1:;n • EXHIBIT 'A' ,, RESOLUTION NO. 1394 SERIES OF 1994 TITLE: A RESOLUTION ADOPTING DESIGN GUIDELINES FOR THE WHEAT RIDGE TOWN CENTER WHEREAS, the Wheat Ridge Planning Commission and City Council have adopted a Master Plan for the Wheat Ridge Town Center to guide development and redevelopment; and WHEREAS, such Wheat Ridge Town Center Master Plan established a specific objective to "Promote attractive design in new development and redevelopment which unifies the entire Town Center"; and WHEREAS, such Master Plan furthermore established a CONCEPTUAL PLAN to serve as a general guide to staff, Planning Commission and City Council in reviewing plans for development and/or redevelopment within the Town Center with specific regard to vehicular access and circulation, landscaping and building design; and WHEREAS, Wheat Ridge Code of Laws Section 26-30(K) provides that 'Planning Commission and City Council may impose DESIGN STANDARDS AND CRITERIA within Master Planned. areas of . 'the City in order to implement the goals and objectives of each Master Planned area; and WHEREAS, the Wheat Ridge Planning Commission and City Council desire to further define the expected nature, quality and character of the future physical development of the Town Center so that the goals of the Master Plan are met, and so that developers and redevelopers are :.provided reasonable guidelines to follow ~.n preparing their plans. NOW, THEREFORE, BE IT RESOLVED THAT the Wheat Ridge City Council hereby adopts the attached Design Guidelines to serve as a basis for reviewing and approving new development and/or redevelopment within the. Wheat Ridge Town Center Master Plan area. DONE AND RESOLVED this I4th day of March 1994. ATTEST:i ,.Jl Dan Wilde, Mayor Wanda Sang, City C1`erk <pc>CCresowrtcdesguide y~ii~rit iw ~:`~ Y~f-y. (. WHEAT RIDGE TOWN CENTER DESIGN GUIDELINES 1. The First Bank building at Wadsworth Boulevard and West 44th Avenue and the Vectra Bank buiiding.on West 38th Avenue have established certain common design elements and features that should be incorporated into future development or _ redevelopment throughout the balance of the Wheat Ridge Town Center. It is not intended that new/redeveloped buildings try to clone or recreate these buildings, but rather to utilize some of the design elements so that it functions and appears to be a unified Town Center.. Those ,common elements and features that are to be used as unifying design features include the following: a. Use of brick of a similar size and color for facing or accent. b. Use of non-glare glass with bronze metal frames and casings. c. Use of horizontal bands of complementary tale or brick as architectural accent. d. Use of round pillars, where pillars are used, as design feature: e. Use of landscape materials near building entrances and against large blank walls. ' 2. The use of metal, smooth-faced block or concrete, as primary _, _„ architectur~l_features on exposed walls .of buildings shall be kept to.,a minimum. No more than 20~ of the exposed walls of buildings should incorporate such materials. 3. Generally, the color of buildings, including walls and roof should be earth tones with complementary accents. 4. Building components such as windows, doors, eaves, parapets, and canopies should be visually attractive in proportion, scale and relationship as related to other parts of the same building or adjacent buildings. 5. Mechanical equipment, trash storage areas, outside storage areas, loading docks and other similar elements which tend to be unsightly, shall be appropriately screened or enclosed so as not to be visible-from adjacent properties or public streets. 6. Landscaping shall be designed to achieve the following objectives: ,T. rGti T.' :~ a~' .'{;'~,~ "''Wheat Ridge i.. `( Town Center Design Guidelines 2 a. Provide an attractive transition and buffer around the street perimeter. b. Provide both separation and buffering adjacent to residential areas. c. Provide visual corridors to delineate major entrances and major interior drives. d. Provide visual breaks within large expanses of parking lots and to reduce storm water runoff and heat buildup. 7. .Exterior lighting within parking lots and along major interior drives should be uniform throughout the Town Center. Area light standards of the type and color as used within the Town Center Park should be used. Light should not be directed towards or allowed to bleed onto adjacent residential properties. 8. Major access points and associated drives, as well as major interior drives should be designed to achieve the following: a. Physical separation and delineation from parking stalls and sidewalks next to buildings by use or curbs and ~ landscaping. b. Protection for pedestrians at major store entrances by use of pavement markings, texture and or optional pavement materials, and through use of appropriate signage. Speed bumps are discouraged.. .. ._, .. ,, c.,..Wid~h of lanes should safely accommodate the primary purpose and function of the particular drive, relative to the location within the Town Center. d. Access points to the public streets, especially Wadsworth Boulevard, should be consolidated and minimized so as to preserve the traffic capacity of the public streets. GEG:siw <pc>wrtcdesguide ~' ~±Y • ,~ CITY_.COUNCIL MINUTES: AUGUST 22, 1994 2 Rav Bontin presented a petition to restrict the alley behind the Applewood Village Shopping Center, lying between 32nd and 38th Avenue and east of Youngfield, to one way traffic going north, and only for trucks and vehicles making deliveries to stores that have access to the all-ey. That the alley be closed to thru traffic and appropriate signs posted. ""~t is further petitioned that 35th Avenue be closed where it intersects the alley to the Shopping Center, and that Wright Street between 38th and 35th Avenue be restricted to all truck traffic over 7,000 pounds. LOCAL_LIOIIOR LICENSING AUT$ORITY MATTERS Item 1.". Transfer of Ownership for Chili's Hamburger Gri11 & Bar, 3240 Youngfield Street, Wheat Ridge. Motion by Mrs. Behm to approve the Transfer of Ownership from Brinker International; Tnc., dba Chili's Hamburger Grill & Bar, 3240 Youngfield Street,_Wheat Ridge, to Brinker Restaurant Corporation; seconded by Mr. Eafanti; carried 8-0. PIIBLIC HEARINGS AND ORDINANCES ON SECOND'READING Item 2. An .Application to consider a request by Lee Ambrose for approval of a site plan with variances for redevelopment of a 13-acre Commercial-One zoned property located within the Wheat Ridge Town Center - Urban Renewal District. The property is located at the northeast corner of Wadsworth Blvd. and West 38th Avenue. ,(:Case-- Igo .. _WSF- 94 -=1 Case--No. wSP-94-1 was introduced by Mr. Siler; title read by the Clerk. Glen Gidley was sworn in .by the .Mayor and presented the staff report. Ann Pitinga, Director of__EDARC, was sworn in by the Mayor and answered'Councils' questions. Dennis Wvatt. 1865 South Pearl, Denver, Project Architect,,was sworn ih by the Mayor; explained about all the work that had gone into designing this project and all the work yet ahead; hopes that Safeway will be open in the Fall of-1995. <~ Suttie Jones, representing McDonalds Corporation, was sworn in ,by the Mayor; they hope to brake ground in January 95; they have not yet made up their minds regarding the playground. CITY COUNCIL MINUTES: AUGUST 22, 1994 Katie Press, representing Safeway Stores, was sworn in by the Mayor and answered questions. John Minshall, 3550 Miller Court, was sworn in by the Mayor; he owns an apartment building close to the proposed store and questioned delivery hours. Motion by_Mr. Siler to approve the front yard setback variance request to allow the McDonald's building a 33.5 foot setback where 50 feet is required by Code. The criteria used to justify such a variance generally support this request; seconded by Mr. Solano; carried 8-0. Motion by Mr. Siler_for approval of the 'site redevelopment plan as submitted because it complies with ail zoning requirements and it is substantially in conformance with the Wheat Ridge Comprehensive Plan and Urban Renewal Plan for this area. The following stipulations apply to this approval: 1. Staff is authorized to work with the owner and developers to resolve the design issues raised by staff in Section III of the staff .report in order to achieve design unification throughout this development. 2. Staff is authorized to allow minor changes and variations from the site plan at time of building permit approval, provided that no such changes or variations reduce a_ development standard below the minimum requirements of the Zoning Ordinance. 3. Staff is authorized to work with the owners and affected agencies to finalize the replat of the Park N Shop Subdivision and cause such .plat to be recorded. This assumes that deeds for dedications of ROW for West 38th Avenue and Wadsworth Blvd., will be submitted to Council for acceptance prior to recording of said plat; seconded by Mr. Eafanti;.carried 8-0: _ _. Item 3. A. Council Bill 66 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-1) and Residential-Two (R-2) to Planned Residential Development (PRD) and for approval. of an outline development plan on land located at 11200 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-5) Council Bill 66 was introduced by Mr. Hall on second reading; title read-by .the Clerk; Ordinance No. 976 assigned. Mr. Gidley presented the staff report. He also submitted copies of a letter received this afternoon from Patxicia Dwyer, who had asked that this be read into the record. Motion by Mr, Edwards to have this letter read in full into the record; seconded by Mrs. Worth; carried 7-1 with Mr. Solano voting no. • A(iY:NDA ITEM RECAP QUASI-JUDICIAL X Yes X PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY _ CITYADM. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS PUBLIC COMMENT AGENDA ITEM? Meeting Date= ELEC. OFFICIALS MATTERS _ ORDINANCES FOR IST_READING _ ORDINANCES FOR 2ND READING ' RESOLUTIONS AGENDA 'ITEM TITLE:, A public hearing to consider approval of a redevelopment - plan for the Park N Shop area of the Wheat Ridge Town Center Urban Area located at the northeast corner of Wadsworth Blvd. and West 38th Avenue. SUMMARY/RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed redevelopment plan and a setback variance, with stipulations. ATTACHMENTS: BUDGETED 1) staff report ITEM: Yes No 2) 3) Fund Dept/Acct # _ Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION:- Variance Request: I move for approval of the front. yard setback variance request to allow the McDonalcl's building a 33.5 foot setback where 50 feet is required by Code. The criteria used to justify such a variance generally support this request. Redevelopment Plan: I move for approval of the site redevelopment plan as submitted because it complies with all zoning requirements and it is substantially in conformance with the Wheat Ridge comprehensive Plan and Urban Renewal Plan for this area. The following stipulations apply to this approval: 1. Staff is authorized to work with the owner and developers to resolve the design issues raised by staff 3n Section III of the staff report in order to achieve design unification throughout this development. 2. Staff is authorized to allow minor changes and variations from the site plan at time of building permit approval, provided that no such changes or variations reduce a development standard below the minimum requirements of the Zoning Ordinance. 3. Staff is authorized to work with the owners and affected agencies to finalize the repeat of the Park N Shop Subdivision and cause such plat to be recorded. This assumes that deeds for dedication of ROW for West 38th Avenue and Wadsworth Blvd. will be submitted to Council for acceptance prior to recording of said plat. No RECEPTION NO. F0167647 11.00 23o RECORDED IN JEFFERSON COUNTY, COLORADO PG: 0001-002 1/04/96 11:19 92272. Page 1 of 2 AFFIDAVIT OF CORRECTION ~ap I, Eugene A. Burdick, a Registered Professional Engineer and Professional Land Surveyor registered in the State of Colorado, being the urveyor of record of the ~f~ Recorded Plat of WHEAT RIDGE MARKETPLACE SUBDIVISION, FIRST FILING as recorded in Plat Book 127 at Pages 10 and 1 1 as Reception No. F0156207 in the Office of the Clerk and Recorder of the County of Jefferson, State of CGiOrad G, Ciii DcG2m~Cier $, 1 9.~'i .~. 8t i `~}: c~.~_A.I~~°., d6 hei cl'iy Submit the fGllowing change and correction to become a part of said plat. See Exhibit "A" attached hereto as Page 2 of 2. Dated this ¢ ~'I day of ~.~~~~+ 1996. For and on behalf of BURDICK ENGINEERING CONSULTANTS INCORPORATED Eu~A. Burdick, PE-PLS Colorado Reg. No. 9010 ACKNOWLEDGEMENT: STATE OF COLORADO ) ss COUNTY OF JEFFERSON ) ~/ U~ 9010 The foregoing was acknowledged before me on this ~fh day of ~Tnr„~~~ 1996, by Eugene A. Burdick. My Commission expires: Marry ti 149'7 _ '~ , =R -C -:-~ - ` pp C~~GO,`\``. '~T.. -... ~ ~r.• .:,,. o G ~ , - /~, Notary Public 92272 Page 2 of 2 EXHIBIT "A" Sheet 1 of 2: A. Paragraph 2 of the Dedication Certificate incorrectly reads: (~'-' Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1 ,PARK AND SHOP SUBDIVISION, FIRST AMEND.MECaT and a part of the Sautheast One-quarter of Section 23, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being more particularly described as follows: B. Paragraph 2 of the Dedication Certificate is hereby corrected to read: Lots 1 , 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, PARK AND SHOP SUBDIVISION, FIRST AMENDMENT and a part of the Southeast One- quarter of Section 23, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being more particularly described as follows: RECEPTION NO. F0167647