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HomeMy WebLinkAboutWZ-95-17The Crty of - ~'~ ~Whe at ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of .Planning and Develo ent b 7500 West 29th-Ave., Wheat Ridge, O 80033 Phone (303) 237-6944 . ~~ / d ~.~JHEgT,9i +~ ~-~ O U m °OCORaa° n _ N ~. ;,,.v, ~~,,..... Applicant t,)~,n~-F RtpGP P~ Address77~o+17ok W 38* AvN Phonea3a^9/4/ Owner ±+•~-_-•~ T,-,s;n ~< /a SCOCta'~to~ Address Sava e Phone Somme ~rc.iL Ckti v.a. - _5?re$ . __ 4z5 - 4 aq`~ - n-(- ic' Location- of request ~~-~-6 ~- ~ ~ ~ _ .- _......:a .. w Type of action requested_(check one or more of the actions listed-below which pertain to your request.) _ ^ Change 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. 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 k/ - 3 S rbI- ,~W e List all persons and companies who hold an interest in the described real property, ~s 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 gersons listed .above,- . without whose consent the requested_action cannot ;l awfully be accomplished. Applicants other-than owners must submit-power-o£-attorney from the owner which approved of this actionnon his-behalf. Signature of Applicant _, ~... Subscribed and sworn to m ..this '~. day_, of `~/~,~, ~.//tc% 19 QJ EAL Receipt,No. My commission expires 9-~T - g7 Case No. RECORDATION REQUESTED BY: BANK ONE, COLORADO,NA. 2666 SOUTH COLORADO BLVD. DENVER, CO 80222 WHEN RECORDED MAIL TO: BANK ONE, COLORADO, N.A,- 2696 SOUTH COLORADO BLVD. DENVER, CO 80222 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY ~anrK onrFo DEED OF TRUST THIS DEED OF TRUST IS DATED JANUARY 3, 1995, among RETAIL CLERK'S NO. 7 BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPORATION NOW KNOWN AS UNITED FOOD AND COMMERCIAL WORKERS NO. 7R BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPORATION, whose address is 7760 W. 38TH AVE., WHEAT RIDGE, CO 80033 (referred to below as "Grantor"); BANK ONE, COLORADO, N.A., whose address is 2696 SOUTH COLORADO BLVD., DENVER, CO 80222 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of JEFFERSON County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants, transfers and assigns to Trustee for the benefll or Lender as Beneficiary all of Grantor's dght, title, and interest in and fo the following describetl real property, together with all existing or subsequently erected or affixed bindings, improvements and fixtures; alt easements, rights of way, and appunenances; all water, water dghts and ditch rights (ncluding stock in utilities with ditch or irrigation rights); and ell other richts, royalties, and profits relating to the real property, including without limitation all minarets, oil, gas, geothermal and similar matters, located in JEFFERSON County, State of Colorado (the Real Property"): LOT 2, A RE-SUBDIVISION OF WHEAT RIDGE PLAZA, EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN DEEDS RECORDED APRIL 27, 1493 AT RECEPTION NO. 93056074 AND FEBRUARY 10, 1994 AT RECEPTION NO. 94028932. COUNTY OF JEFFERSON, STATE OF COLORADO The Real Property or its address is commonly known as 7760 W. 38TH AVE., WHEAT RIDGE, CO 80033. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rerils from the Properly. In addition, Grantor grants Lender a Uniform Commercial Code security interest in the Rents and the Personal Property defined below. ~ . DEFINITIONS. 'The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to donor amounts shall mean amounts in lawful money of the United States of America. Beneficiary. The word "Beneficiary" means BANK ONE, COLORADO, NA., its successors antl assigns. BANK ONE, COLORADO, N.A. also is refereed to as lendef in This Deed of Trust. Borcower. The word "Borrower" meaps each and every person or entity signing the Note, including without limitation UNITED FOOD AND COMMERCIAL WORKERS N0. 7R BUILDING ASSOCIATION, A COLORADO NONPROFIT CORPORATION. Deetl of Trust: The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation ell assignment and security inleresl provisions relating to the Personal Property and Rents. Grantor. The word "GrantoP means any and all persons and entities executing this Deed of Trust, including without limitation RETAIL CLERK'S N0. 7 BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPORATION NOW KNOWN AS UNITED FOOD AND COMMERCIAL WORKERS N0.7R BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPORATION. Any Grantor who signs this Deed of Trust, but does not sign the Nole, is signing this Deed of Trust only to grant and convey.lhat Grantor's inleresl in the Reat Property and to grant a secudly interest in Grantor's interest in the Rents and Personal Property to Lender antl,~is not personally liable untler the Note except as otherwise provided by contract or taw. Guarantor. The word "GuarentoP means and includes without limitation any and aN guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements" means and includes wllhout limitation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, lacililies, additions, replacements and other construction on the Real Property. indebtedness. The word 'Indebtedness" means all principal and interest payable under the Nole and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurced by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust. In addition to the Nole, the word 'Indebtedness" includes all obligations, debts and liabilities, plus inleresl thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of Them, whether now existing or hereafer arising, whether related or unrelated to the purpose. al the Note, whether voluntary or 'otherwise, whether due or not due, absolute dr contingent, liquidated or unliquidated and whether Borrower may be liable individually or joinny ' with others, whether obligated as guarantor or otherwise, antl whether recovery upon such Indebtedness may be or hereafer may become baited oy any statute or umnauons, and wnetner sucn moeoredness may oe or nereaner may oecome otherwise unernorceaoie. Lender. The word lender" means BANK ONE, COLOAADO, NA., Its successors and assigns. Note. The word "Note" means the Note dated January 3, 1995, in the principal amount of 5500,000.00 Irom Borrower to Lender, together with ell renewals, extensions, modifications, relinancings, antl substitutions for the Nole. The maturity date of this Deed or Trull is January 3, 1998. Personal Property. The words "Personal Properly" mean all equipment, fixtures, and other edictal of personal property now or hereafter owned by Grantor, and now or hereaner attached or affixed to the Real Properly; together with all accessions, parts, and additions to, ell replacements ol, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word Rroperty" means collectively the Real Property and the Personal Property. Reef Property. The words 'Real Property" mean the Dropedy, inleresis and rights described above in the "Conveyance and Grant" section. Related Documents. The words 'Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mongages, deeds of bust, antl all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The wdrd "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Properly. Trustee. The word "Trustee" means the Public Trustee or JEFFERSON County, Colorado. " • DEED OF TRUST ~ Page 2 Ot-03-i99b (Continued) Loan No - - - PROPERTYD SFG ENSTOISECURE G(t) PAYMENT OF THEOtNDEBTEDNESS AND (2)CPEF3 ORMANCE OF ANY ANDEALL OBLtGAT10NSNOF GRANTOR UNDER THE N07E, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST lS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS.AND WARRANTIES. Grantor warrants that: la) this Deed of Trust s executed at Borrowers request end not at the request of Lender; (b) Grantor has the full power and right fo enter info This Deed of Trust antl to hypothecate the Property; (c) Grantor has established adequate means of obtaining Irom Borrower on a continuing basis information about Borrowers financial condition; and ld) Lender has made no representation to Grantor about Borcower (including without limitation the creditworthiness of 8orcower). GRANTOR'S WAIVERS. Grantor wolves all'nghls or defenses arising by reason of any "one action" or "anti-deficiency' law, or any other law which may prevent Lender from bringing any action against Grantor, including a daim for deficiency !o the extent Lender is otherwise entitletl to e, claim la tlefidency, before or seer Lender's commencement or completion of any foreclosure action, either judldally or by exercise of a power of sale. Deed of TrusNas tl becomes dueEe dxBorprowe~ta d Gra ~or slhaldl strictly perform ell thelrBespecfivehoblgat ohs under the Note, this Deed f TruslYanid the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor end Bonpwer agree that Grantor's Dossession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurcence of an Event of Default, Grantor may (a) remain in possession end control bl the Properly, (b) use. operate or manage the Property, end (c) collect any Rents Nom the Property. ' Duty to Malntaln. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve ifs value. Hazardous Suhstances. The terms "hazardous waste," "hazardous substance," "disposal," "release; and "threatened release,' as used in this Deed of Trust, shall42 U.S.C. Sec on 9601, etsseq. (CERCLA")t the SuDenundsAmendments andlReau~horszation Aceof 1986, Puh. LieNO! 99-499 1980, es amended, ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section iBOt, el seq., the Resource Conservation and Recovery Act, 49 U.S. . haczardousOwastesond "hazardous substan etashall elsotnclludeswithouf I~m tagonetpetro eumfandppetroleum by-products for any fraction thereof and asbestos. Grantor represents and warcants to Lender that: (a) During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to an enerateWl anulaclurenstore, treat9d¢posehot, orarelease any tenant, contractor, agent or other authorized user Of the Property shall Ilse, g _ hazardous waste or substance on, under, or about the Propeny and (ii) any such activity shalt be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property wish This section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the pad of Lender to Grantor or to any other person. The represeniatio~eleases and wa vas any to ureeclaims againslLender foc~ntlemnity or contribul onsi gthe event G antorybecomes I able W851e. Gfanlbr hereby (a) 1 abfi fetes, damages, penalties, rand expenses wh ch Lendeb mayr directly or ndireclly sustain orasuNer resuliding t om albreach or This selcl on of me Deed of Trust or as a consequence of any use; generation, manufacture, storage, disposal, release or Threatened release occurcing poor to Grantor's ownership or interest In the Properly, whether or not the"same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to intlemnity shall. survive the payment of the Intlebtedness and the salis~htetheabd reconveyance of the Tien of this Deed of Trust end shall not be eitecled by Lender's acquisition of any interest in the Properly, Y foreclosure or otherwise. Nuisance, Waste. Grantor shall not Cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without IimiUng the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil antl gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements Irom the Real Propeny without the Drior written consent of Lender. As a condition to the removal of any Improvements, lender may require Grantor to make arrangements safislaclory to Lender to replace Such Improvements with Improvements bl el least equal value. Lentler's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms end conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shalt promptly comply with all laws, ordinances, and regulations, now or hereaaer In Disabilities Il~iove~~rnam'oftamay lcontest inpglootl (faith any such lawCOrtl nance,f orheegulationy andlwithholdltcompl'lanoel during any pr aoceedting, including appropriate appeals, so long as Grantor has notified Lender in writing prior fo doing so end so long as, In Lender's sole opinion, Lender's interests in the Propedy are not jeopardized. Lenddr may require Grantor to Dost adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this secllon, which Irom the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, al its option, declare immediately due and payable sll sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Properly, or any inlarest in the Real Property. A "sale or VansleP means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a farm greater thPn~r o (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Pro e by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also as theecaseYmay besot G antorhlHowevere Ih s op ontshall not be elxerc sad by Lendegif such exerdse Is p.ohibifed by eideraleaw a by Colorado laws TAXES AND LIENS. The following provisions relating io the faxes and liens on the Property ere a pad or this Deed of Trust. Payment. Grantor shelf pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including wafer and sewer), fines and impositions levied against or on account cf the Property, and sh'`I eaof all bens having prion'ty over ordequaloto th ~ tares rendered or material furnished to the Property. Grantor shall maintain the Property Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise Provided in this Dead of Trust. Rlghl To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's inlarest in the Property is not jeopardized. II a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a suffideni corporals surety bond or other security satisfactory to Lender in an amount sufficient to dscharge (fie lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend ilsell and Lender antl shall satisfy any adverse judgment before enforcement against the Propeny Grantor shall name Lender es an additional obligee under any surety bond furnished in the contest proceedings. Ev)dence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the (axes or assessments and shaft authorize the appropriate governmenlel official to deliver lc Lender at any lime fl wrlllen statement of the lazes end assessments against the Propeny. Notice of Construction. Grantor shallil anif ymechanlc'sl l ant, ma eri Imens Ileneotrothe~ l en could be assenedaon eccoiunt of theuwork, servicesY materials are supplied to the Propeny, Y or materials. Grantor will upon request of Lender furnish to Lander advance assurances satisfactory to Lender that Grantor can and will pay ha cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Propeny are a pan of this Deed of Trust. 01-03-1995 ~ DEED OF TRUST ~ Page 3 Loan No (Continued) - . Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurence with standard extentletl coverage endorsements on a replacement basis for the full insurable value covering ail Improvements on the Rent Property in an amount sufficient to avoid application of any coinsurance clause, antl with a standard mortgagee clause in favor of Lender. Grantor shall also procure antl maintain comprehensive general liability insurance in such coverage amounts es Lentler may request with trustee and Lender being named as additional insuretls in such Ilablity insurance policies. Atlditionally, Grantor shall maintain such other insurance, including but not limited to hazard, business Interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages antl basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender hom time to lime the policies or certificates of insurance in form satisfactory to Lentler, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days' prior wrtten notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grentor w any other person. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency es a special Ilcod hazard area, Grentor agrees to obtain and maintain Federal Flood Insurance to the extent such insurance Is required by Lender and Is or becomes available, for Ina term of the loan and for the full unpaid prncipal balance of the loan, or the maximum limit of coverage that is available, whichever is less. Application of Proceeds. Grantor shall promptly notify Lander or any loss or damage to the Property: Lender may make proof of loss If Grantor fails to tlo so within fifteen (75) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lentler elects to apply the proceeds to restoration and repair, Grentor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lentler. Lender shall, upon satisfactory proof o1 such expenditure, pay or reimburse Grantor Irom the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not bean disbursed within 780 days attar their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lentler under this Deed of Trust, then to pay accruetl interest, and the remainder, If any, shall be applied to the prncipal balance of the Indebtedness. If Lender holds any proceeds attar payment in full of the Intlebletlness, such proceatls shall be paid to Grantor as Grantor's interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed o! Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer; (b) the risks insured; (C) the amount of the policy; (d) the property insured, the then current replacement value of such property, and the manner of determining that value; and (e) the ezpiralion dale of the policy. Grantor shall, upon request of Lender, have an intlependent appraiser satisfactory to Lender determine the cash value replacement cost or Ina Property. IXPENDITURES 8Y LENDER. If Grantor fails to comply with any provision of this Deed of Trust, or if any action ar proceeding is commenced Thal would materially aflec! Lender's interests in the Property, Lender on Grantor's behalf may, but shell not be required to, take any action That Lentler deems appropriate. Any amount that Lender expends in so doing will bear interest al the rate charged under the Note from the tlale incurred or paid by Lender to the date or repayment by Grentor. All such expenses, al Lender's option, will (a) be payable on tlemand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Nole, or (c) be treated as a balloon payment which will be due and payable at the Note's maluilty. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies Io which Lender may be entitled on account of the tlelault. Any such action by Lender shall not be construed as curing the delaull so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a paA o` this Deed of Trust. 7(ile. Grantor warcants that: (a) Grantor holds good and marketable title o! record to the Property in fee simple, free and clear of all liens find encumbrances other than those set lodh in the Real Progeny description or in any title insurance policy, title report, or final title Opinion issued in favor of, and accepted by, Lender in connection with this Deetl of Trust, and (b) Grantor has the full right, power, and authcilty fo execute and deliver This Deed o} Trust l0 Lentler. Defense of Tltie, Subject fo the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deetl of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lentler shall be entitled to participeie in the proceeding and to be represented in the proceeding by counsel of lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from lime to lime fo permit such participation. Compliance Wllh Laws. Grantor warrants that the Progeny and Grantor's use of the Property complies with all existing applicable laws, ordinances, antl regulations or governmental authorities. CONDEMNATION. Tne following provisions relating to condemnation proceedings are a part of This Deed of Trust. Application of Net Proceeds. II all or any pert of the Property is contlemnetl by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the awartl•snali mean the award after payment o! all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in willing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award.. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to. be represenfetl in the proceeding by counsel of its own choice, and Grantor will deliver or cause Ib be delivered to Lender such instruments as may be requested by it from time to,time to permit such participation. IMPOS1710N OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a paA of this Deed of Trust: Current Taxes, Fees antl Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perlact and continue Lender's Iran on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurced in recording, perlecling or continuing This Deed of Trust, including without ItmitaGon all taxes, fees, tlocumenlary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute fazes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any paA o' the Indebtedness secured by this Deed al Trust; (b) a specific fax on Borrower which Borrower is euthoilzed or required to deduct hom payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the data of this Deed of Trust, this event shall have the same effect as an Event of Default (as defined below), and lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens section anu deposits whir Lm vier uaslr of a soifiCieni coipui aid aw c;y vuuu of oilier StlVUnty 6aliJlaU(W y lV Le11Utlr. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement ere a pad of this Deed of Trust. Security Agreement. This instrument shall constitute a secudty agreement to the extent any of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended hom time to time. Security Interest. Upon request by Lender, Grantor shall execute financing slalements and lake whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Properly. In addition to recording This Deed of Trust in the real property records, Lender may, at any time end without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in pedecling or continuing This secudty interest. Upon default, Grantor shall assemble the Personal Properly in a manner end at a place reasonably convenient to Grantor and Lender end make it available to Lender within Three (3) days alter receipt of written demand Irom Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), Irom which information concerning the secudty Interest granted by this Deed of Trust maybe obtained (each as required by the Uniform Commercial Code), are as statetl on the firs) page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a pad of This Deed of Trust. Further Assurances. AI any time, and from time to lime, upon request of Lender, Grantor will make, execute end deliver, Or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, refiled, fu rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds O/ fr(Kr. SN,VRW deeds, $P.pUntV 80reerrlen}5, fIIIAOCIRO SIAIPTPniS. nOnllnflahOn Sta IRTPOIS. IrtSIr11mPMC of fllrlhgr AcSVranCP.. CPf11fiCaIeS. >< y 01-03-1995 ~ DEED OF TRUST• Page a Loan No (Continued} - and other documents es may, in the sole opinion of Lentler, be necessary or Desirable in order to eHectuete, complete, pertect, continue, or preserve (a) the obligations of Grantor and Borrower under the Note, this Deec of Trust, and the Related Documents, and (b) the liens and security interests created by this Deed of Trust as first end DAor liens on the Property, whether now owned or hereafter acquiretl by Grantor. Unless prohibited by law or agreed to the contrary by Lender In witting, Grantor shall reimburse Lender for all costs and expenses intoned In connection with the matters refereed to in this paragraph. Attorney-in-Fact. If Granfw falls to do arty of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and et Grantor's expense. For such purposes, Grenlor hereby irtevocably appoints Lentler as Grantor's attorney-in-fact Iw the purpose of making, executing, delivedng, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sde opinion, to accomplish the matters refened to in the preceding paregreph. Fl1LL PERFORMANCE. Trustee may, upon production of the Nole duly cancelled, release this Deed of Trust, and such release shall constilule a release of the lien for ell such additional sums end expenditures made pursuant to this Deed of Trust. lender agrees to cooperate with Grantor in ' obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, it permitted by applicable law. , ' , DEFAULT. Each of the following, aI the option of Lender, shall constitute an even) of default ("Event of Default")'under this Deed of Trust: ' Default on Indebtedness. Failure of Borrower to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the lime required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Should Bortower or any Grantor default under any loan, extension of credit, secuAly agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borcower's or any Grantor's ability to repay the Loans or peAOrm (heir respective obligations under this Deed o! Trust or any of the Related Documents. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in This Deed of Trust, the Nole or in any of the Related Documents. False Statements. Any warcanty, representation or statement made or furnished to Lender by or on behalf of Grantor or Borrower under this Deed of Trust, the Note or the Related Documents is false or misleading in any material respect, either now w al the time made or furnished. Insolvency. The dissolution or terminalicn of Grantor or Borrower's existence as a going business, the insolvency of Grenlor or Borrower, the appointment of a receiver for any part of Grantor or Borrower s property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor or eortower. Foreclowre, Forteiture, etc. Commencement or foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any cretlilor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or foreteiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satislaclory to Lender. Breach of Other Agreement. Any breach by Grenlor or Borcower under the terms of any other agreement between Grantor or Borrower and Lender that is not remedietl within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor or Borrower to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor dies or becomes incompetent. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence o! any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right a! its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required'to pay. ' ' . Foreclosure. Lender shall have the right to cause all or any part of the Real Property, end Personal Property, if Lender decides to proceed against if as if it were real property, fo be sold by the Trustee according to the laws of the State of"Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (a) to all costs antl expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums securetl by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the. excess. UCC Remedies. With respect to all or any paA of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the fight, without notice to Grantor or Borrower, to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the tlemand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to lake possession of all or any part of the Property, with the power to protect and preserve the Propery, to operate the Propeny preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over end above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lenders right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a coon of competent judsdiclion upon ex pane application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession or the Propeny after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a.tenant al suHerence of Lender or the purchaser of the Property and shall, al Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other Aght or remedy provided in this Deed o(Trust or the Nole or by law. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any paA of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any ponion of the Propeny. Upon any sale of the Property, whether made under a power of sale grented in this Deed of Trust or pursuant to judicial proceedings, it the holder of the Nole is a purchaser at such sale, if shall be entitled to use and apply all, ar any portion ol, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, end, in such case, this Deetl of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale In order that the amount of Indebtedness so used o~ applied may be credited thereon as having been paid. Waiver; Election of Remedies. A waiver by any party of a breach of a provision o} this Deed of Trust shall not constilule a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Nole, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perorm an obligation of Grantor or Borrower under this Deed of Trust ader failure o! Grantor or Borrower to perform shall not affect Lender's Aghl to declare a default and to exercise any of its remedies. Attorneys' Fees; Expenses. If Lender forecloses or insfitules any suit or action to enforce any of the terms of This Deed of Trust, Lender shall be entitled 1p recover such sum as the coon may adjudge reasonable as attorneys' fees at IAat and on any appeal. Whether or not any couA action Is involved, ell reasonable expenses Incurred by Lender which in Lentler's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a paA of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure unlit repaid. Expenses covered 6y this paragraph include, without limitation, however subject !o any limits under applicable law, Lender's attorneys' tees whether or not there is a lawsuit, including attorneys' fees far bankruptcy proceedings (including effoAS to modify or vacate any automatic slay or injunction), appeals and any anticipated post-judgment collection services,the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, appraisal fees, tills Insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any ccuA costs, in addition to all other sums provided bylaw. Rights of Trustee. Trustee shall have all of the rights and duties of Lentler es set forth in this section. ar'1rNFPC Mtn nRr rRATfr1M1IC (1P 7Rr fCTCF, Thn Inrln+.dnn nmm.~n..e mla/inn In Ihn nrn..n..~ .. n.1 nhRn+F..n" ..f T.n•fnn n.n n+r• of Ihie rlnoA of Trnc1 ' ~ ~ DEED OF TRUST. Page 5 OT-03-7995 (Continued) - Loan No _ _ _ _ - - - - - Powers of Trustee. In addition to all powers of Trustce arising as a matter of law, Trustee shall have the power to take the following actions w@h respect to the Property upon the wdffen request of Lender and Grantor: (a) jan in preparing and (ling a map or plat of the Real Propeny, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notary. Trustee shall not be obligated to notify any ether party of a pending sale under any other trust tleed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualilicafions required for Trustee under applicable law. In addition to the rights and remedies sal forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice an~b lee~aNd Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the lull extent provided by app NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed o1 Trust shall be in writing and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for riolices under This Deed of Trust by giving formal written notice to the other parties, specifying That the purpose of the notice is to -_ ~ Lentleer's addressees shown nelaCthe beginniogeof ~h s Deel d of 7rusL tFor ootlce pfurposlesn Grarn ohagrees to keep Leindee and Trustee trJObmed at slot times of Grantor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shell be etleclive unless given in wdling and signed by the party or parties sought to be charged or bound by the allerafion or amendment. Annual Reports. If the Properly is used for purposes other than Grantor's residence, Grantor shall furnish fo Lender, upon request, a certified 5tafemenf of net operating income received from the Properly during Grantor's previous fiscal year in such form and detail as Lender shall require., 'Net operating income" shall mean ail cash receipts Irom the Property less all cash expenditures made in Connection with the operation of the Property. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Colorado. This Deed of Trust shall be governed by and Construed In accordance with the laws Of the Stele Of Colorado. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed o1 Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent o1 Lender. Multiple PaRies; Corporate Authority. All obligations of Grantor and Borcower under this Deetl of Trust shall be joint and several, end all references fo Borrower shall mean each and every Borrower, entl all references to Grantor shall mean each and every Grantor. This means that each of the persons signing below is responsible for all obligallons in this Deed of Trust. Severabllity. It a court of competent jurisdiction finds any Provision of Ihis Deed of Trust to be invalid or unenlorceabie as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and ell other provisions of this Deed'~t Trust in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations staled in Ihis Deed of Trust on transfer of Grantor's interest, this Derr+ r~ Trust shall be binding upon and inure to the benefl of the parties, their successors and assigns. If ownership of the Properly becomes vested ,~; ~ person other than Grantor, Lentler, without notice to Grantor, may deal with Grantor s successors with reference to this Deed of Trust and the I'~ yebledness by way of forbearance or ezfension without releasing Grantor Irom the obligations of this Deed of Trust or liability under the Indebtetlnuss. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waivetl any nghls under this Deed of Trust (or untler the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the pan of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any pany of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to tlemand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor or Borrower, shall constitute a waiver of any of Lender's nghts or any of Grantor or Borcower's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shell not COOalilUte COniinUing Consent l0 51Jb5eq Uenl insla nce5 Where Such Cdn5enl i5 req Wred. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRAI:70R AGREES TO ITS TERMS. GRANTOR: RETAIL CLERK'S N0. 7 BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPOR TIO NOW KNOWN AS UNITED FOOD AND COMMERCI L W~ N .•}BIJILDING ASSOCIATION, A COLORADO NON PROFIT CORP AT ON ~ B t ~;... BY• STANISLAW KANIA, ecretary/Treasurer GARY R. HAK S', Preslden~ CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF. SS ,. On this day of , 19 ,before me, the undersigned Notary Public, personally aDPeared GARY R. HAKES and STANISLAW KANIA, Presitlent and Secretarylfreasurer otof RETAIL CLERK'S N0. 7 BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPORATIOk NOW KNOWN AS UNITED FOOD AND COMMERCIAL WORKERS NO. 7A BUILDING ASSOCIATION, A COLORADO NON PROFIT CORPORATION, and known to me to be authorized agents of the corporation that executed the Deed of Trust and acknowledgetl the Deed of Truss to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its boartl of directors, for the uses and purposes Therein mentioned, and on oath staled that they are authorized to execute Ihis Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. Notary Public In and for the State of Residing at My commission expires Reg. 0.5. P/tt. a T.M. Of L, Var. 7.7 a (c) 7095 CFI ProServices. Inc. All ngme N Ra.OVL) C~Ri~lt~lCATE ~ Or SU~/~Y 00000 PADON ENGINEER/NG /NC. ~" CONSULT/NG ENG/NEERS S SURVEYORS 64/5 W. 44rH AVE., YYHEAT R/DGE, COLORADO 80033 TELEPHO/NE (3031 424-4458 . h~' ~~ ~ 33'1 ~`~= 5 1~1, ~ ~a U ~~ . ~v ~~ ~~c ~~~ h v ~ a ~ ~. ~ 1 VOUKOV `5 ~G\STERF ~j• ;; i g~~ ~ ~ ~° ~~S ~e L ~~ ~w ~ 3 3 Q ~ti~ v ~ ~ ~c~ /~ r5'.pQ' . ~C ~h ~ W ~ 1 c- tc~.o.Eh J(i si ~_ I 0 ~ "S. - ~~ ~- II OATS OF SURVEY: astir. T9• `-- cses. r9• /.(/SST .3.5"r r41~Er(/UE SHEET ~ C7F z /OB N0: , LEGAL DESCRIPTION ( Ingress°- Egress - ldillis property ) ~ A parcel of land located in the NE-1/4 fiW-1/4 of Section 26, T 3 S, R 69 4! of the Gth P..d., County of Jefferson, State of Colorado, 'more particularly described as follows: Beginning at the SE corner of a tract of land described in Eook 28 Page 58 of Jeffersdn County Records, the SE corner of said tract also being the SE corner of the E-1/2 lJ-1/2 IJE-1/4 NW-1/4 of said Section 26; Thence JJortherly along the East line of said tract and along the East line of said E-i/2. 1d-1/2 NE-1/4 JJW-1/4 Section 26, a distance of 396.84 feet to the .JE corner of said tract; Thence Easterly parallel with the South line of the iJE-1/4 JJ4+1-1 /4 of said Section 26 a distance of 15.00 feet; Thence Sout'rierly parallel with the East line of said tract and the East line of said E-1/2 W-1/2 tVE-1/4 ?JW-1/4 Section 26, a distance of 396.84-feet to the South line of the NE-1/4 JJiJ-1/4 of said Section 26; Thence Westerly along the South line of the NE-1/4 Ni-0-1/4 of said Section 26 a distance of 15.00 feet to the Point of Beginning; Except the Southerly 15.00 feet thereof dedicated for 1Jest 35th Avenue. The above described parcel of land contains 5,727 square feet, more or less. Prepared by PADO°J EPlGINEERING, IidC. 6415 West 44th Avenue Wheat Ridge, Colorado ,+ July 23, 1975 Sheet 2 of 2 #74-58. .+~i' ti a~ .y ~ '.: '~~ F 1 ~. .. ~ ~ c,~; i '' ~fi : a r ~ 1 F ~' . ~ ~ ~~ ~f +~ 1 ~ ~ 1 ~ ' r . ~.~ ,' ` ~~' . ,~ ~ ,:. (~~ _ ~ I x W' ' ~~ ` ~ . ~ , ~ ~;-. _ 1 .. ~ ~ ~:{ ~ Yi a~. y 'Y Ld; et yr: . . i y , Z ~ _ ,~ F d b 44- Y y Y ~ F y ~ ~ i` f :' Y ~ ~ ' 4 ^ - y~ ' "S~ 'te`n .„y. . ' i y ^ A ' +f~ f ~ ~ A ^ y r l ~~~~ ~ ~ t f ' k "'y SS ~M1 , '~ y~Ay " iF 4. ~ e .t ' ~'_ r ~ t f~'Py 'e T<1 ~ [ Y l 4~ ~ ~' ~ 1 jy f ! t ~ } ~ 4V' C l (. t ~~~ ~Y.4.+j ;R4xu ~ yG y s /Tt 0°~ . T ~y'~ ~m yY i Y, p ~~c4 Y Ni F'x wJ' ~ I Crl... ~ Z ~ ,i ~'.,~' ~` 'C,_F, xP~y^L~'~"~+~•J5~ x(~ i1 ~~!" .~~xF ~a ~'`r'r ~~'a't~T~ , ~ 5° !1 _ x ~ '' A ~:m, .iT~~tn g ~.7~+~'~S< ~, ~ .}- Il h >\ '."'p~ z _ .r ~ ~ ~ Y ~ \~K 1 f„ X . x .-~v',= 6, i,C~ b~k .~#cY a~r . i '^c N i 1 F F~ Y r\ ~ `\ r y ~ ) ~ ~ L ~ y 1 J - F . ~ ~~ F ~ ~ 1 T aC iyxYat ~L -y_~S~ ~ ~ V+ ~ ~ A' ~ O~ ~ y:x lO~~kf Ft(y(y ), F l# 5 ~^~.~ -4 d Ai ~' ! S 1 Ii~' 4F Vd d v b i~.f y tV p ~~ i '„ ~...~ }:n~r.~+t:Nr rc,tt 1Nt:ftY:ss nrtn rc~Yal:ss Tn considaratioq of One Dollar ($1.00} and other good and veluablo c.~nsidtrratioyt the reccipl of which is hereby acknowledged, G~ antors, R.A. Newhouavr, Roward J • Ncwhouser, James }i. l:rfurdt, C.ugone C. Smaldono, Gordon Fhlfer, Cha~'1gs W • i'lnk, of the County of 7rfterson, State of Colorado. hereby grant and cotlveY unto Eugene Smaldonc, James F.rfurdt and Cordon t '- ~ assigns, a nonexalustvo easement for'tngreas phlfcr, G~a t3~eb ~' .their netts and , " s Wfth th@ rlq~lt to construct and maintain a driveway over and across andepre,6. *. .: ~..'. _: theft lo"w nq dgacrib~ed QropertY~' ,.. •'s~,,. x The East 10 feet of the South 3 acres of the S} of the East ~ of thr.R 69 W of the 6th P nAr,er *•` ~+, of Section 2fi, T 3 6 State of Colorado; except ~. ~•. r~„ntv of 7et(eraon, _ ~r ,.c . W.R, PLAZ.~1 pwna~ pp~~ F' OP~~) ~ ; b~enef 4 ~^ PARS , ^_ ' <. . .~, c i{nett r.. _-- ~ resently z';;M~";~ arcels P Ppurtenan( to the followinq• described P ,. .r _~3..., *. rein as tenants in common and is for the use and phis, tenants o;„6aid property, to-wtt; ~~ 1`~~'NW; of Section 26, Township 3 South, Range morq.j;prtlcula;ly described ae foSlowe: }n~' So{ spid.N~ ~} W} NE} NW} of Section 26; S@£~ - .., u West line of said N; E} W} NE} NW}, 180.00 teat lipAin9, said West line, 195.72 teat: ' nh along Wis. nngles, 126.00 feet; , f angles, 195.72 feot; engie;, 126.00 feet, more or lead, to the true -r;; '•-. si:, ~ . + of Section 26, Township 3 South, wa ll o larly described as,fo rti " cu e pa x r of• said Ni E} W} NE} NWT ~ Section 26; of said N} F.} t9} NF.} N!N;t 230.00.:,• ,, . ,' '. .. t line 430.0 Eeet to the. Southeast nid Ees ~ '~~~i .. .. •, rz f~. y y y :. ~ ..;w.. t . y .. Y S ` ~. ;'hea:ry U'r~~t n)t'nU Ihr ; •allh Lnu of saki N} C} W} NC} NW;, 329.0 lecd Lo Lho tiouU,tc.•:.t CV[T;n ut said N} f;} W'} Nl;} NW}; ILrnco N;.lth.tlun9 thu Vi'rst Ilse of said N'} 1:~ W~ NC.. NWT. 8u4.7u fuel; Thtmrc last at right any Lis, 126,00 fadt;~... ~ atnt on the South Ilnc of . '{'~lon~c \~rrth at rluht anglep, 345,72 feo~,to a p . ~ said 11'rst 38th AvenueY :`,'„ ." `~"- "`~: '~'htnuu t:ast et.>ng said S~iuth llne'of Y st 38th Avonue, 58.0 feet; I Tncrlco South p~lallol with thW West line og 5ald N~ E} W= NE~ NW„ .200.0 feet; ' """' ~~' Thence Last paa~llel with t~e Souty} llt}~ of bleat 38th Avonue, 145.0 f4et to the true point of beginning s . `'tt : ! ~_ PANCEL D: •~'~ ~' ,F t That part of the N} E{ W~ ~fE} NtN} o} $e9tioR 26, Township 3 South, Range 69 West of the 6th P M.. more pajtlcularly aes~~lbed as follows: ' ~ ~ p ., of Bald .~ geglnntng at the Northeast ~ojrRer ~ sai~AN~ E~ ~J~ NE, NW} ', ,. _ ~ ~~ Section 26; ,,. Thence south along the East ling p~ sr~ic~ N} E} a~so£onrth ~SouOth Ilnetof to the true point of beglnn~ingl ~ ~ ~p~in~ ~~aY~..-i West 3BihAvetiue; • ~' a Thence continuing South t}lon }he has} }lie o~ said N}' E} WZ NE} NW'}' a distance of 200.0 teat ~,, ~ ~~~t ~~'""~~ ^ ~ '' Thence W, paml~el with le, wtt~ }}q p xWest 38th Avenue, a distance ' of 145.00 feet, ." ,:r~r~r4p#nt~`', "~ ^~"` .--; Thence North parallel with the ~'Y~Bx ~f'~e~ sAid N} E; W~ NE} NW}. "'" a distance of 200.0 feat do a poLi~ ptl t~~ $puth, ~lne of West 38th Avenue; Thence East a~orq, said Seut13 ~n$,~~s~ 1~g21? ~,yenue, a distance of 1 of be inning. 145.00 feed Inor~, of less; P th~ ~ ~ ~ ,;: 9 of tlieEr~o# theVt' of s NE4 o~the 1~'+, of Section 26, , .That Pjrt of she 533. r Township 3 South; Rang 69 W}~st t 6t~ P , M ~ which lies North,of / theiS~iuth 3 acre.¢S th~r@ ~~ti ,,ttt.,,~gv~*,~; ~r , ^,~. ),f4 ' ",, i~. "~ ~ rhereln have s=t their hands r `' I.N VJb'LN,LES5 WHE~ O th rnll~or i, ' , ihls ~ ''day of J. ~t ~~'~'pi~`y~~~; ~`tt , '.. ,, f: y'x K ~, t k ~U'' v I / ~5 ~ t f5ts .~u yob '9f'^«.r ~N ~ .~:J 1' :/J O-'t.LQv( r S Q~£'i F' ~Y ~ eW ~b6'r f { :: ~ ~ Y ~ P, ?3 _,~, tlrl 7 k'~.,.x:y ~G~i y~+T~.. ~'J.'y.y~ Y sr ~ ~' `~ ; , ~ ( l~• . c r .. y e b `1 e3"" , s, }~. ~ ~t; ~ j:~, vvhouser , r 2~`r ` ) y r t ' A dJ ,~~ ~_ yi~m , vl'SC\ >_ /• '~ f L r f, t vF. i I .#w dA ~ ~. -~ _ .~ ~~~ u 6 e C.Smal, ore f "rte .. ~~~ v ~ X',,. T 1"1 Nrlt t.: ,w .~ i~ •t.5,.. ~ ' ' a ?a iz. ~ fi..L a ,_ . v ~~{ ~ '. rtt t~' y~j\ r+ ,,,,~G ..iJ .~...~, i n.h~a a'. / F 1/.p ~. i r r '.' - >M t ', ~; r ~;.:r' , Y !' I $ 1• y . t. 7500 ~."JEST 29TH AVENUE- The City Of P.O. BOX 638 _ _ - - WHEA~ RIDGE. CO 80034-0638 (303)234-5900 cwheat CityAomin.Fax;*234-5924 Police Dept. Fax a: 235-2949 Ridge November 14, 1995 The Wheat Ridge Department of Community for amanr~ment to a PRD/PCD final devel< has received a request at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 79 1995 -_ No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-17/Wheat Ridge Plaza LOCATION: 7770-60 West 38th Avenue REQUESTED ACTION: Closure of secondary access to West 35th Avenue PURPOSE: To eliminate "cut-through" traffic - future alternate secondary access will be provided for APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serv~is development? YES > NO If "NO", please explain below. 2. Are s vice lines available to the development? .YES NO If "NO", please explain below. 3. Do yo `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 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 app/r///~~~ovao'l of/ this request? Please reply to: y~~~~`~i~~~Grti/t M_ RPCkert _. Department of Planning & Development DISTRIBUTION: XX Water District (Wheat Ridge XX Sanitation District (Wheat Ri~1ge XX Fire District (Wheat Ridge Adjacent City ( ) Public Service Co. US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation .Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board t Office. _ -W-R Police Dent XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Ci IL . Y/n'• <~~, :i _ .. ~, ~ ?2 - ~- 1 30N3AV ~8£ 153M -, r ° ' °°o f ~ °0 ° i 5 5 i~ t ~- z _e 3 - S - ~ e 3 i - ~ I' YtF ~ f l ~~- yy 33 a~ '~4#i3. w a. . - 'fig . F :.I__ _'. ~S ~' i i ' Y ~ is .. .. 5 s.v .t /I a v a ; ., ; e I,I ,, a4d~„ ; a 9 3 y ie 'o C _-7 C Q .. .. _ N w.. C OTo r- ' ~ ow I- ` ~ ~.. m I u 1 0 ~ i ~ ,. - Q ~ S ~ - ~.y-~ 3 w yQry~f _ ~ (~. x ¢ //// ~~os'sW ~ Z'. ~'. o ~ h F. w ~ =x~ z ~: j o~LLy ~ ~ o ' ~ '; . ~, a ~ ,,. a W ~~ ~ li -S ~ l /' .. 0 .~ 3az i ~:~ • ~ ' /l 1`~ " ~ ((( _~ ;_ ~ L J ~ ~_ It J-- ' i i ' ~_ *..._ it e ~ ~ ~ ~ ~ ' ~ ~ _ i -. li - i i N 1 _ -._. ,. . - __ ~~ }i3y. t 5 $ H ?e $d~~t: . ..s F Z y: '~ s 9 W `< t i _ cS ~ ~ i ~ Z w - c `4 yA9.R~. ~ g 6 ~ - YD_eeo a i7a a a ~_ ¢° LL O Ey ~ _ xa ~ i =c yx ! ai p - -9 ` $$& cA ~ yi r 7 m..xs$ $ ° ~ 2 xi a ~ ° ~ x Q - a °oe° i e....' ! e i 8 i a ' a aY ~~! x $;e - ~ X e 3 a yix 9 ic3 a s Day ~fl a VE ,~, 9 .A.e .°. 25 ~... Y °_ yg ea: Z ~ p.a 5 a 4 a ° ac 5 o n ' ~ y e~~ w "2e ~ ~ j ~ 0 + :4 E S % dgr~ k k° s° ~~ve 4 _ e •a a -~_ se °s„y y y € - y3. " e^ ep°.;'s k °a~9s e' ~ i~ ~a. eie -__ ?es 3 "a c°ac E gy3 s: •i ya ?':~ .sad ° " y3a xs~~: 5 5¢j~ ci i~ i e a"~ ~ is .'a§ a - 9's~x c°g c; ~~ $^~ ~3~~ ~. a.i 6 e yc3y 55 >ri x'.~ .y x~' -ae k;°'y8 =~ "s8"e, y3 =i. ea e8B ~=5~ ~ _ ebb ~ ce _€=5 i ;,; r._;i c. ;"- =p `xea t2; se.9 : ye ~°4'. E~ y~ 8c. tSC 3g'gsi y y E-ey : yy sa_ g es c $a 6S= s39i } _~a y-e x`~a, as 9e@~ 3y 9° a,6 ~"~~? -a'~ '?2L i yu c-YY~ a := •a ~yB yE n3 ~ ~', .. ~= E°.2 0'YA ~xCC E ~C ky9a G~ ~~ . ''SY~ ACA ~ya~' 55 ~ . ~ i - o' ~rr. ;: - ~? ~3eei i4 i3 B°.6 Bik i~l j .~ N ° ~y3 3 uF eq~ a ~33 r_ a e 9 ~ 3a , °; ~•, i , 5E$e ~ spt~~'y a 42~ ~yo ~ ~ 0 ec~. 5x a ~; d~ Eg'it~ ~iP ~~¢ a a L~y~ 5 3 ~0~~' ~~~tl~- ~Yy IIC a~itc ~~~ 8a-~0 ~~~~~~~ ~~~ tlg ~~ yn!'~ k,x k3~a•tle N *^I. } 7;OC ~"JEST 29T4 AVENUE The City Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (3031 234-5900 cWheat CityAamin.Fax~234-5924 PoliceDeot.Fax~235-29,9 Ridge November 14, 1995 The Wheat Ridge Department of Community Development has received a request for -amendment to a PRD/PCD final development plan at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 79, 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-17/Wheat Ridge Plaza LOCAi-ION: 7770-60 West 38th Avenue REQUESTED ACTION: Closure of secondary access to West 35th Avenue PURPOSE: To eliminate "cut-through" traffic - futur-e alternate secondary access will be provided for APPROXIMATE AREA: n/a 1. -Are-public facilities or services provided,by-your. .agency ade to ~~ _ serve this development? - --- CITY pE' WHEAT~t-7~ YES _ NO If "NO", please explain belo ~ ~'"~r~°~, ~ ntt 2. .Are service lines available to the development? ~ ~ YES NO I£ "NO", please explain Belo ^ ~ ^ ~` EV ttt _~~ 3. Do you 'have adequate capacities to service the d ~~lo, ~~~ ~ u YES NO If "NO", please explain belowkLRNt`~~~~~~ & ~ ELOPfu1ENT. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5 Are there any concerns or problems your agency has identified which would or .should affect approval of this request? Please reply to: XX~~tr~~Wheat, Ridge XX Sani District (Wheat XX Fire District (Wheat.Ridge _ Adjadent City ( ) Public Service Co_- US West Communications ' State--Land Use`'Commission' State Geological-'Survey Colorado Dept. of Transportation Colorado Div. of_Wildlife TCI of Colorado R Jefferson Co. Health Dept: Jefferson-Co. Schools Jefferson Co. Commissioners Denver Water Board __ W R Post -Office . XX W R Police Dept. _XX W R_Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Ci k. :Y,mrr 750C WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. C080034-0638 (3031234-5900 City Acmin. Fax ~ 234-5924 November 14, 1995 Police Dept. Fax # 235-2949 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for aTn~ndment to a PRD/PCD final development plan at the property described below. Your. response.to.the following questions and any comments on this proposal would be appreciated by Novamb r ~ No response fromyouu by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-17/Wheat Ridge Plaza LOCATION: 7770-60 West 38th Avenue REQUESTED ACTION: Closure of secondary access to West 35th Avenue PURPOSE: To eliminate "cut-through" traffic - future alternate secondary access will be provided for APPROXIMATE AREA: n/a 1. Are public, facilities or services provided by your agency adequate to serve this development? YES ,-.,, NO If "NO", please explain below. ' 2.,. Are service lines available to the development? „ `, YES,,,,,.. ,NO I£ "NO", please explain below. -~ , 3. Do you.,'have adequate capacities to service the development? YES,,,,.,, `NO If "NO", please explain below.- 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply DISTRIBUTION: XX Water District (Wheat Ridge XX Sanitation District (Wheat Ridge XX Fire District (Wheat Ridge Adjacent City ( ) Public Service Co, US West Communications State-hand Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado t0: `~/~i'~C~/~'t"/`\_-.~~wl(G~/Y- M RPrkPr{- Department of Planning & Development Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform h 2 G ° °A ~d~ rt2~2l~r~ars dRgFN °~~ 5rs5G ~~ a~ Gq°, o6dF~ ° }9iefi ~ _ a,d L~ G EA^ ~~~T~~~ gA 6~ a 3 ~~p's~ I~ ° ~°. ~~~ P°s GG tgb PS A a 5F^~ G F S: tuEF. E a FrsF E 5~ '` .5' EE 7;RES ~ 5 ~ 9 k6 yE ?FR ~e F~~a d P 5 ~ ax Y 5: °9 id ~_ .Ad E a ~ a°e n^ -~ 4 ¢ :__ ail ~ R 1 gas E~R 7.g o~~.' PE, n ' ° d5d Rodg 9 ~d ~d k'k'4 @ "s2 s ° ^ 5 P'a$ ~ a ~Fa~ dd d5 E~.~ ~e ~ ~~d x~~ an ¢'a@;u cai o5 cp`y Ei 6ayai: a_.e C`!4 6`9 hq M .'.9 FFd' EE ~±i:i ~~ S :~d ¢g ag^ e~ dE ReEi t i €s?oce ~ 5s° ~y3 'd d. 6° ~55n :~ G yen+n". 5 o?? dds dtl ~? yF "~6s ¢- u ~;,~: 6.3 d 5a~ d u ~~ FE d~ ~°Pdi p~ y ~vc a~ Q.6 gi' .n'R - gg ~g9,y d d.a kd sd 6G _E g E Burs. cd ~ 5 d9'~ gga9 d5 E5 FE~~ '~En~ 5; c . .vF^ e5 e~: no Aa K K sssd'-c e S :x3c 54 5a~ E2 ~~ U ~ p5aa6,_ Cy9 4'C]~~ d S ~n~ 3d a E~dt t Gana; ~ T~ ;sa d~•pp. aeE A FFjaC~ F igC: CaG '_ "~ 0~5G~° S~~ p:l Y.~ EdF@ SEF.PP C ee9e ddg i9° ..aa RRg °e~ I';: .vino C G G A d S? °y''= ~ 55GSP d I S ~ ]a a r~ F[ i ad ^~ ~ C _ Y. ...~ _ unE yG aunnP ' da, S eX'65P _ 1 I C~- - 8 .. rs. M~" 6^ a rFRJy SF~s scGCP `4{${ aaGl^^ o n~4., PIG 5: tl T ~I~~ii%% i_ ; o ij .~G ~'A a S P V1 R . Y r i 6R O F d ~ ~.:~ 9 i' % ~ i P ~ E I ~ C R A^ g F : n .~,e m,rt '~Ilr~9 -€ S a: Sao^~1 -i wS: P: =-~ ---- rv ~i;°Y'~-2aa eel.:, ...:'.~•• - ~~I ~-'__ - 1 _ i ~ ~. i F I I >• n i - I' I _., i I . I _ 11 ~ I ~ I rte. .. ~ j - I _ r'~.. ~ ~ y -"- ,_ _ ~/ ~I ~ _ L! . 1' 0 . ' ~ - /" ~. ,/ ' ~.r' ~ it '. . // ~~ ~ I ~ ~. _. G'• p i-;~ J .1 4 11 I~ Imo. WEST 38 j IOi~ ',. [~~ ;.ti,' ~. . ~: y'.,-. IQ ..J J1; i'~ 4a~~rT N~ c n Z i a °n Ty~ D -$' o Hgym W~'m ~ m ~ o a ~ a . y v ~ o a am, C '° ' m syo'D o D~:~ mmm a m m " ~' m nl ;: o ~~H ~ _ m o\ 1 y Zi e.a~ T _ ~T ~ n OHO .S \ Am v •~ O ~ MEMORANDI~'I TO: FROM: DATE: Avproved Date Meredith Reckert, Planner Greg Knudson, Development November 16, 1995 II Review Engineer~~• SUBJ: 7770-60 West 38th Avenue, Wheat Ridge Plaza/WZ-95-17 The Public., Works Department has reviewed the referral dated November 14, 1995-from the Planning Department for the above referenced site and ha the following commeht: 1. The Public Works Department feels that if the proposed access is to be closed to thru traffic then a new, secondary access should be provided to lessen the site traffic access on to W. 38th Avenue (both entering and exiting). Please inform us as to the status of this request. cc: Glen Gidley, Planning & Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer Chuck Braden ROW Technician File . ~ ~ l DJ~~flT ~IDG~ fl~~ ~~O1~C110D DISTRICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 November 24, 1995 To: Meredith Reckert Department of Planning & Development City of Wheat Ridge Wheat Ridge, Co. 80033 ^..ITY OF WHEAT RIDE I D _~n?f~_~1I1(7it NOV 2 `E 1995 PLANNIP'~ & DEVELOPMENT Subject: Amendment to a PRD/PCD final development plan Case No: WZ-95-17/wheat Ridge Plaza Location: 7770-60 West 38th Ave. Requested Action: Closure of secondary access to West 35th Avenue Purpose: To eliminate "cut-through" traffic - future alternative secondary access will be provided for. Dear Meredith, After a review of this request, I am submitting the following concerning this issue: This request is to "eliminate" a secondary access to the property in question in order to prevent "cut-through" traffic access through the south side of the property traveling north, and being able to access West 38th Avenue, thus eliminating the need to attempt to enter onto Wadsworth north bound from 35th Avenue. Access to Wadsworth north bound can be gained by traveling through the property to West 38th Avenue where a right turn can be made and then while approaching Wadsworth at the light at 38 Avenue and Wadsworth, a decision can be made to go east, north, or south eliminating a lengthy delay in attempting to get across south bound Wadsworth at 35 Avenue. This access point has presented numerous problems in the past and there has been several attempts to solve this issue. At the time the Wheat Ridge Plaza complex was constructed, the Chief of the Fire Department required Mr. Smaldone to construct a secondary access point for emergency use by the fire department in the event the access on West 38 Avenue and the north drive area entering the property became obstructed or impassable for any reason. Mr. Smaldone complied with this request and requirement and created the secondary access to the south side of the property from ~.n. West 35th Avenue. This access strip was never dedicated as an emergency access roadway, but rather as an apparent public access. As a result of traffic entering and traveling through the property, the home owners association attempted to eliminate the through traffic access by placing a removable barrier across the entry point on West 35 Avenue and creating an emergency access lane with the approval of the fire department. Approval from the fire department was granted and the barrier was put in place. There was an immediate outcry from the citizens at the Valencia Apartments and the surrounding area and the barrier was removed at the direction of the City. While this request states that "future alternative secondary access will be provide for", there is no specific date or information attached that states or provides when the "future alternative secondary access" will be provided. This complex when it was built was large enough to require the installation of fire protection within the buildings in the form of stand pipes for fire department use and is remoted from public roadway access, thus requiring a secondary access for emergency vehicles in order to provide the necessary fire protection and life preservation required by the fire code. The issue of secondary access has not changed and is still required by the Uniform Eire Code. Elimination of this access will be in direct violation of the Uniform Fire Code, current 1991 edition adopted by the City of Wheat Ridge, Article 10, Part III, General Provisions for Fire Safety, Division II, Fire Apparatus Access Roads, Required Access, Section 10.203, paragraph 2, which states: "More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. The Uniform Fire Code does address the access issue in that it allows. for alternative closure of access without elimination of same. Under Article 10, Part III, General Provisions for Fire Safety, Division I, General, Closure of Accessways, Section 10.106.(a), General, it states: "The Chief is authorized to require the installation of gates or other approved barricades across roads, trails, or other accessways, no including public streets, alleys, or highways. When required, gates and barricades shall be secured in an approved manner. When required to be secured, roads, trails, and other accessways shall not be used unless authorized by the owner and the Chief." It is the opinion of the Chief and Fire Marshal that this issue can be resolved by Council if the Council will declare the property line point of access that is desired to be eliminated, as an emergency access point that can be gated or barricaded in an approved manner. This will eliminate the "cut-though" access and solve the problem of additional undesirable traffic through the complex. This will also retain the required secondary access that is needed to provide adequate fire protection to the property. "Future alternate secondary access" can be planned for and provided at a future date that will not hinder the ability of emergency equipment to access the property if needed. c ~ M J We believe that this is a viable alternative to eliminating the required access and creating a direct fire code violation that will present additional problems if complete closure is allowed. We strongly recommend that the alternative presented in this letter be addressed and adopted in lieu of creating an untenable situation and jeopardizing life and property. Respectfully, ~~~~ Dave Roberts Fire Marshal Wheat Ridge Fire Protection District cc :file 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 December 7, 1995 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the ,Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-95-16. _An application by Troy A: Tomsick and Christine A. Fontane for approval of a rezoning from Residential-Two and Residential-Three to Residential-Three. Said property is located at 6650 West 33rd Avenue and is legally described-as follows: Lots 1 and 11, Block 3, Pierce Street Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 2. Case No. WZ-95-17: An application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plan for a. property located at 7760-7780 West 38th Avenue. The purpose of the amendment is to allow closure of a secondary access to the property from. West 35th Avenue. Said property is legally described as follows: Lots 1 and 2 of the. Wheat Ridge Plaza Resubdivision, City of Wheat Ridge, Colorado, County of Jefferson, State of Colorado. ~ n ~' Sandra Wiggins, etary ATTEST: Wanda Sang, City Clerk To be Published: November 23, 1995 Jefferson Sentinel b:\a12795.phn _ ~. 5ox sss The C;'ty of ,. ;EAT F. AGE. CC °CC3=-0333 G3031 23=-55~C wheat :y Adm~^ =3x a 23~-55"e= Fciice Dent Fax r 235.25-5 - '~ldp-el POSTING CERTIFICATION 17 CASE NO. ~{J ~ ~ ~fj '_ J~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF,ADNSTMENT (Circle One) HEARING DATE: I . ~~ .li~~ name residing at ~7~d- Lt7„~~'~~v~= a c a r e s s as the applicant for Case No. ~, ~ . "~~'-~- l/~-- , hereby certify that I have. posted the Notice of Public Hearing at o v a t i o n on this ~ ~ day of ~~~z 19 ~ and do hereby certify that said sign has been posted and remained in place for fifteen (I5) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: O NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development.- <pc>pos rev. OS P.O. BOX 638' - _°-- - --- - TELEPHONE: 303/237-6944 _ The City of 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034 heat Ridge November 22, 19.45 This is to inform you that Case No. WZ-95-17 which is a request for approval of an amendment to a Planned Residential Development/Planned Commercial Development final development plan for property located at 7760., 7770, and 7780 4d. 38th. Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue, at on December 7, 1995 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the .Planning Commission As an area resident or interested 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 desir-ed at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division. * This amendment relates specifically to Thank you. the closure of the public access at the southeast corner of the property with the connection to W. 35th Avenue. If approved, it would allow emergency PLANNING DIVISION vehicle access only. 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N 9m E m ° m ' c 3 ~~ ~ t m ~ ~~= E P'3a ~ o ? h `oa r °va u " a m ¢E~ o m E~~ m oc~2 ~° 3 ~ e ~ ~ S4~ ~Q~ O LL W S C O' t a 0 U¢ ~c1 €GN d y E~C~ -c¢' __ .N 7. a 9 _W o W t'-' U U i jt '.~ M ¢{ N ~ ~ to ~~~ tlQ a ~ ~ 1a{ "~ r} !~ T N D O 0 r a .~ B N m O N Q N N N ~ N ~ ~ a ~~ 3r ill 9 Q Q I I N N, J J 61 61 N ui cd a CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 7, 1995 DATE PREPARED: November 30, 1995 CASE NO. & NAME: WZ-95-17/Wheat Ridge Plaza CASE MANAGER: Meredith Reckert ACTION REQUESTED: Amendment to a final development plan LOCATION OF REQUEST: 7760 - 7770 - 7780 West 38th Avenue NAME'& ADDRESS OF APPLICANT(S): Wheat Ridge Plaza Homeowners Association 7770 and 7780 West 38th Avenue NAME & ADDRESS OF OWNER(S): Same as above APPROXIMATE AREA: n/a PRESENT ZONING: Planned Commercial Development and Planned Residential Development PRESENT LAND USE: Office and high density residential SURROUNDING ZONING: N: PCD, R-C; S: R-3; E: PCD, R-3; W: R-2 SURROUNDING LAND USE: N: Commercial; S: Multi-family; E: Commercial, multi-family, vacant; W: Low-density residential COMPREHENSIVE PLAN FOR THE AREA: Commercial activity center/high-density residential DATE PUBLISHED: November 23, 1995 DATE POSTED: November 22, 1995 DATED LEGAL NOTICES SENT: November 22, 1995 AGENCY CHECKLIST: RELATED CORRESPONDENCE: ENTER INTO RECORD: ( )COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER ( XX) O NOT REQUIRED (XX) ()NONE (XX) CASE FILE & PACKET MATERIALS ( )SLIDES ( XX) EXHIBITS 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. Planning Division Staff Report Page 2 Case No. WZ-95-17/Wheat Ridge Plaza REQUEST __ The applicant requests approval of an amendment to a PCD/PRD final development plan. The subject property is addressed as 7760-7770-7780 West 38th Avenue 11. CASE HISTORY _ _ The development known as Wheat Ridge Plaza is a mixed use planned development with PCD zoning on the north one-third and PRD on the south. An office building and two 40-unit apartment buildings are located on the PCD and PRD portions, respectively. The property was rezoned in 1974 and has had several minor amendments approved subsequently. All of the developments have shown public access from both West 38th Avenue and West 35th Avenue via an asphalt road running from the southeast corner of the property south to West 35th Avenue. It is the intent of the Wheat ridge Plaza Home Owners Association by this application to close 4he secondary access (to West 35th Avenue) to both pedestrian and vehicular traffic. It would be used only by emergency vehicles. The owner of the commercial building on the north does not oppose the request. Please note that the access road has been temporarily closed at 35th Avenue and at the rear entrance to the property. See attached correspondence included under Exhibit °B'. Staff believes that it is imperative that alternate, secondary access be provided and is suggesting this be done via the extension of Yukon Court. We would suggest that the following language be added to the plan amendment if it is approved: "When the City of Wheat Ridge develops Yukon Court connection to Wes4 35th Avenue, the existing emergency access drive to West 35th Avenue from Wheat Ridge Plaza will be dedicated to the City for public street purposes. Upon construction of said street, Wheat Ridge Plaza shall provide access 4o its' property from said new street. Said access may be general or emergency at the discretion of the City." III. AGENCY REFERRALS Public Works is requesting that if the access is closed to'through traffic then a new, secondary access should be required to lessen the traffic access onto West 38th Avenue. Wheat Ridge Fire District would support the closure if gated to allow emergency vehicular access. The recommended closures occur both at West 35th Avenue and at the property line. N. STAFF CONCLUSIONS Staff concludes that in order for the secondary access to 35th Avenue to be closed, an amendment to the Wheat Ridge Plaza final development plan must occur. Staff further concludes that the access must be reserved for emergency vehicles and pedestrian traffic. If this request is approved, Staff recommends the following conditions: 1. The access be closed at both 35th Avenue and at the property line in a manner acceptable to the Wheat Ridge Fire District. Planning Division Staff Report Page 3 Case No. WZ-95-17~Wheat Ridge Plaza 2. Pedestrian access be maintained. 3. Future alternate access be provided for with the suggested language in Section 11 of this report. V. RECOMMENDED MOTIONS OPTION A: °'I move that Case No. WZ-95-77, a request for amendment to the Wheat Ridge Plaza Final Development Plan, be Approved with the following conditions: 7. The access be closed at both 35th Avenue and at the property line in a manner acceptable to the Wheat Ridge Fire District. 2. Pedestrian access be maintained. 3. Future alternate access be provided for with the suggested language in Section II of this report." OPTION B: °'I move that Case No. WZ-95-17, a request for amendment to the Wheat ridge Plaza Final Developmen4 Plan, be Denied for the following reasons: 1. 2. 3. " b:~wz9517.sr Case No. WZ-95-17 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Supports request if secondary access allows emergency vehicles. Schools: Water: (Wheat Ridge) No problem. Sewer: (Wheat Ridge) No response. U S West: Public Service Company State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: CITY DEPARTMENTS Public Works: If access is closed, a new secondary access should be provided to West 38th Avenue. Parks and Recreation: Police: No response. Building Inspection: agrefsum.frm CASE NO. WZ-95-17 EXHIBIT 'A' ~l u F N r _ Y .. i ~ ow. 1- ` (~ \ Z u ~ c w Ow. ~ ~V 3~°w ~ w Q wwF ~ w J ~ ~'° 0 o 's w ~ o~ > a: ... ~ ~ ~= 6 'o a r . 2 I Q'~o~ y W ~ /..~Y e Yy ~ ' a ~~W rcr ~ 6Y a 0 ~ez ~S C" '' 3NN3~v ,8£ 153M W~ * [_ Y ., ~_C ~ ~, i I ~~ ~ . / " `. u~+: ,S ~ . ~ ///,/~, ,. i 1 C + / /`. .• ~~ ~ ` •, O ~', ~~ .. / ' l ' •~ ', :~~ ~~ - ._~- _ _~ ~ ~•~ i_ q i _ „ t ~\ ; z~ % L o "S ~~ - ~ 4 rC T' ' I - _ J / ~_ I i i ..1 I~ B' ~ II ~i i ~ i -~- =:ic1:t--.Gn . t - ,_ - - ., a :.. - ~_ ~ __ ~; -_- ti -~ ., t ~~ i ;, ~ s z _ Y ~ ~ - $ 3• $ a v 3 II T' y ~ ~ ~ t m. .. ~ a ~ U $B ~ i V~ Y ~ . I> _ . ~ .~I ~ ~ I :a~ ' ~ y ~ Ida 4G~ S 4E~~ } a ,..pale l e.° ?a ~ ai ~ i~'~% ctl y~ p ~~~4 1a ° i 2€~x : . 1 . F Z % y - a W a _ etl i ~ Z - c 4 yRAC. ~.~~JS W ied_° n Ay ~ LL p a = ~ :y - 'c •aa =d a i a; z O . . g ` $$ & cH Cs i e ~ tlAAge~ '~- B:~ B CCy 4 J °_ dig j~Y S?C3 x ;'. 4 g_4. ~~a? ~ X64 tl3e :~3 e ns@ ": $ c: :p 2 ~u7 4 a ~~ i tlBa.E e tl a ° sa _ 2 a yy9- a~ Gtl s:a "~ ae>~ 5 v 54e sF k Ea cG a.4. - e^ h~.. ~ 5. s s: ~ cp a. scy ~ ". c.sa ~ gg~4 "s: "s i4 ~:~i .•_ a:9 as~2- 9 agiv eq ~: tl e'~ .n. -.B ps:. s ~ _ y'tlu~ 3°s 3i 46 ;:e e'"e 3 's co:~ 5 4s ~ " C ?~ " egg ~S s~ s~=: tl :c ry es :5 a ~:e CF : y6_9 ~ ^: .Si:C iu 3y ~Y Si6 } Y~' 9 Yi V~~G i .'.~ CY~N ~i GO ~ ~6 :y9 .. y$y a§vgJea-_ §' ~iaa4 Btl 3~ ~ n°y~@ cog oc CJ2 C aA Ef:C & 't C~34 2C GC o YM~ :CR :re a I~" . 3 Y ? nfx . 9e~e 'e ~3g~. re 3,_v s_ 9 ~ I ~j:C F ¢¢C.°°~g ~1 oA. tla° ~j.a 7 EY*a Ya ~'y y i ' ~' 3n z 3~~== ea a. - asv v ; s'g'cetl cj z a a- '' 1~ si~d ° E gaeas 4ai'e~§ :9 e 5 y5ig. ~:~ 2t~tl 4e~ge~v 3=9 :C R `~ ~ J ~ ~ ~. / O~FIGIt~L ZO~JI>~JG MAP Wi-i~~T RIDGE GOLOR,°~DO MrP ADOPTED June 15, 1994 Las' Revision: December ?2, 1994 ~?ARiTB!* 6 P'hNMNfa MLl 0.`VE.OFTfrNi - PFr785: - ZONE DISTRICT BOUNDRY -- PARCEL/LOT BOUNDRY (DESIGNATES OWh225H1P1 --~~ CITY LIMIT LINE _ . {.;ATER FEATURE DENOT_5 MULTIPLE ADDRESSES Nl~l ~~ ~e o SGhLE I'=a00 Chartered Dy United Food & Commercial Workers Inmrnarional Vnion AFL-Cf0 UFCW Building, Suite 400, 7760 West 38th Avenue, Wheat Ridge, CO 80033 Phone (303) 425-0897 • Colorado/Wyoming Toll Free 1-800-854-7054 GARY R. HAKES 1995 November 3 President , STAN KANIA Secretary-Treasurer __ _ Mr Richard Culna President Arnhatea wSth: Wheat Ridge Plaza Association Colorado Food & 6everagc 7770 West 38th Avenue Troaea council CO 80033 Wheat Ridge Colamdo , AFL-CIO Denver Area Labor Federation Puemo Dear Mr. Culna, labor Council Colorado Sprines do not object to limiting access to 35th Street (due to the closing re at UFCW Loca17 h W Labor council , e, e noulaer of the back access road. Labor Council _ _- Northern Colorado _ _ Cenval Labor If further information is needed, please feel free to contact me. Councl Grand Junction Trade & Labor Sincerely, Assembly , Cazper ` Tmdes & Labor r l/~ / y ~ Assembly \ ` ; ~~''' ~ Cheyenne Central Labor Council Wyoming ~.~o Gary R Hakes President GRH:smclufcw #7\afl-cio PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-95-17: DATE: December 7, 1995 REQUEST: An application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plaFi for a property located at 7760-7780 West 38th Avenue. The purpose of the amendment is to allow closure of a secondary access to the property from West 35th Avenue. ~{ SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED 77 T o t„i 3 8 ~ /¢vs e7 ob.v ~J 777G> Gct Jr f~/ A ..(. ~~ 7770 w3~=t ~ .2/ ~ Er'hnT~"" ~~ lliwatil ~, li"~' ~FC~ c~..(7 Page Three Case #WZ-95-17 Wheat Ridge Plaza Condominiums December 1, 1995 We the undersigned owners and tenants wish to have this access to West 35th Avenue (private road) restricted to emergency vehicles only: WHEAT RIDGE PLAZA HOMEOWNER'S ASSOCIATION 7780 West 38th Avenue Wheat Ridge, Colorado 80033 December 1, 1995 To Whom It May Concern: We the Board of Directors of the Wheat Ridge Plaza Homeowner's Association have agreed to the closure of the road on the south end of Wheat Ridge Plaza after listening to many comments of the owners in regards to the traffic and safety of all residents. Sincerely, ~~~~~ Joe DiPoalo . ~ n ~~l Chubby Azelo 9 ~'- HaG~%~usch Frank Capra Mirium Hanna Dick Culna ~aQ , Gene Smaldone or on hif~r'" _ ATTACHMENTS: 1) B Middaugh Memo 2) Staff Report 3) AGENDA ITEM RECAP QiJASI-JUDICIAL X PUBLIC_HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS NATTERS _ PROC./CEREMONIES CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS _ _ LIQIIOR HEARINGS ORDINANCES FOR 2ND READING INFORMATION-ONLY ~ ~ - _.PIIBLZC _COMMENT RESOLUTIONS AGENDA ITEM TITLE: Case No. WZ-95-17/Wheat Ridge Plaza SUMMARY/RECOMMENDATION: Approval of an amendment to the_Wheat Ridge Plaza final development plan to eliminate a secondary access to West 35th Avenue. A positive recommendation-is given. .._ X Yes No -- BUDGETED ~ ~ -_ ITEM -- .Yes No Fund _ - Dept/Acct # __ _ - Budgeted Amount 5 Requested Expend.S - Requires Transfer/ ~ Q Supp. Appropriation - Yes No _ , ,, ~ , `' SUGGESTED MOTION: "I move that Case No. WZ-95-17, a request for amendment to the Wheat Ridge Plaza Final Development Plan, be Approved with the following conditions: 1. The access be closed.-at both 35th Avenue and at the property line in a manner acceptable to .the Wheat Ridge Fire-District. _ _ 2. Pedestrian access be maintained. 3. Future alternate access be_prouided for with the suggested language in Section IL.of.this report,!' Planning Commission Minutes December 7, 1995 - 1. No additional units could be built, based upon the applicants' voluntary offer not to build additional the property should it burn down. Commissioner RASPLICKA seconded the motion. Page 4' units on Chairperson LANGDON asked if the property changed hands, would the new applicant have to re-apply to add additional units. Mr. Gidley stated that the applicant would have to go through an entire rezoning procedure in order to increase the number of units. The condition actually. becomes part of the zoning for_the property. Motion carried 5-0. ' 2. Case No. WZ-95-17: An application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plan for a property located at 7760-7780 West 38th Avenue. The purpose of the. amendment is to allow closure of a•secondary access to the property from West 35th Avenue. Ms. Reckert presented the staff report. Entered into the record -° and accepted by the Chairperson were the Zoning Ordinance, case file, packet materials and exhibits. Commissioner JOHNSON asked Ms. Reckert who oians the road? Ms. Reckert stated either the Homeowners' Association or Gene- Smaldone, property owner, owns the road. She added that the alternate access was a condition for approval with the original zoning. . Commissioner RASPLICKA asked if the alternate access is closed,. what would be the. impact if the property to-the east was. developed. He stated his concern was traffic flow. Ms. Reckert stated that staff had not determined if the alternate access would be open to-the public or just for. emergency vehicles.. Further evaluation would be necessary, she added. Chairperson LANGDON asked how "access to pedestrian traffic" would be handled. Ms. Reckert stated there- are various ways it-could be handled, but all motorized vehicles must be blocked, excluding eme~rgenty vehicles. The Fire District would be involved in that decision. - ~ Commissioner CERVENY questioned number 3. condition mentioned in Staff's recommended motions.- Planning Commission Minutes December 7; 1995 Page 5 Ms. Reckert stated the future access mentioned would have to come when the property to the-east develops. Commissioner CERVENY stated he questioned transferring the access - - problem from .one property to another. Mr. Gidley stated the intent was that if and when the eastern •- property develops, or if the property is undeveloped and the City moves forward-with the extension of Yukon Court (he drew an example on the aerial view projected on the screen), anywhere along the street could be a secondary access. This access could _._ be a regular, open access to. the street itself. Commissioner CERVENY asked Mr. Gidley if the City wanted to have access some way, extending between 38th and 35th,. should the- eastern parcel be developed. Mr. Gidley answered yes. Commissioner JOHNSON asked if the .Fire Department would go along with that plan. Mr_ Gidley stated the Fire Department wanted a second way into the property, they don't really care if it is closed or_open to the public, just as long as they have access.. He elaborated. Even through the neighborhood feels it has a certain right to walk through the property, it is clearly private property. The intent primarily was to private fire access, but also to split the traffic so that it would not all funnel out onto 38th Avenue. He felt that was a legitimate issue. If the access is closed, then all traffic goes onto West 38th. Regarding the rights of those-pedestrians who have been utilizing the access, Mr. Gidley thought the only right they may have might be a prescriptive right, because the access has been used more than seven years.. Commissioner RASPLICKA-asked if the access has been available-to pedestrians for 20 years, could the access be. closed? Mr. Gidley stated that was what the public hearing process would determine." He elaborated. _ Discussion followed. Chairperson LANGDON asked why Public Works Department wants the access closed? -Is iL too narrow, is it unsafe? Mr. Gidley stated that Public-Works Department has stated they would like a second access.. -- Planning Commission Minutes Page 6 December 7,-1995 Ms. Reckert stated Public Works prefers to have the access remain open because it relieves pressure from West 38th Avenue. Should the access-be-closed, Public Works would like another exit out of the property. Mr. Gidley stated that this request was unusual, because normally Public Works would not want two curb cuts onto West 38th Avenue. Mirium Hanna, 7770 West 38th Avenue, #206N, was sworn in.- Ms. Hanna read .from a prepared statement. Commissioner OWENS asked Ms. Hanna if the residents of Wheat Ridge Plaza use the access for a_walkway? Ms. Hanna-stated, yes, some do. She added that the residents are willing to forego using the walkway for: the safety and well being of the residents of the entire complex. Commissioner JOHNSON asked the number of units in the complex? Ms, Hanna-.stated: there were 80 units in the complex, 40 in each _ _ - building. Commissioner JOHNSON asked if they were privately owned? Ms Hanna stated.-that most were.- Commissioner JOHNSON asked if tenants/owners paid into an association monthly for maintenance? Ms. Hanna stated that was correct Commissioner CERVENY asked Ms. Hanna if the Association wanted the-access closed to pedestrians as well? Ms. Hanna stated yes, for the reasons stated previously. She -- explained. _ Commissioner CERVENY informed Ms: Hanna that because people had been using the access for longer than seven years, the Association might meet with some resistance to closure of the access. Ms. Hanna stated she understood the access had-not been open_to the public for ..the entire period of_tme. Commissioner CERVENY stated that was something the Association- might have to prove in court. Discussion followed. ~~ Page 7 Planning Commission Minutes December 7, 1995 Chairperson LANGSON asked if the homeowner's association owned the access? Mr. Gidley answered that was his understanding. Chairperson LANGDON asked who would be responsible for maintenance? Ms. Hanna answered that the access had always been maintained by the homeowner's association. Discussion followed. Commissioner OWENS asked if Allison went through at that location. He asked .for clarification of what the. unwanted individuals were doing.' Mr. Gidley stated the owners had reported that they were intruding in their lifestyle on private property . Allison Street does have a sidewalk, and a dirt path exists along Wadsworth. He added that there is quite a distance between Wadsworth and Allison Street not to have a public way: Commissioner OWENS was uncertain why someone would need_to go _ _ through that area if they did not live there? Mr. Gidley explained why there could be a need for traffic to go _ through the area. Commissioner LANGDON asked if it might be possible to make a path for pedestrians to get onto_Yukon Court. Mr. Gidley stated that__it appeared that such a path would involve other properties. Commissioner RASPLICKA.asked if the access was posted "Private Property"? Ms. Hanna stated that "No Trespassing, Violators Will be Prosecuted" sighs had been posted, both at 35th and 38th Avenues. She added that pedestrians had pushed the fencing aside and removed the-sign to allow passage. Discussion followed. **~11ie Reisdorf declined to speak. 7770 West 38th Avenue, #101, was sworn in. Ms. Dee B~daes, edestrians to Bridges stated that she was in favor of allowing Wadsworth Blvd.- use the access, as it enables her to avoid using __. ~ Planning Commission Minutes December 7, 1995 Page 8 She wanted to know if the access could be closed, even though it was a condition of-approval for the development.. Mr. Gidley stated that is the purpose of the public hearing, to decide if the access could be closed. He explained further. Ms. Bridges stated it seemed to her that most of those using the access were the residents of the complex. She had concerns if the emergency access was closed, how would those .vehicles obtain entrance into the complex? Commissioner LANGDON stated that in case o£ emergency, the-Fire Department has bolt cutters enabling them to cut a chain. Ms Bridgers stated she opposes the closure of the. access. Ms. Eloise Brannan declined to speak. Grace Harris declined to speak. Jahn Truiillo, 7700 West 38th Avenue, was sworn in. Mr. Trujillo stated he was the manager for-Wheat Ridge Plaza Apartments. He was concerned about the mess that pedestrians using the access -- leave behind for others_to clean up. Chairperson LANGDON stated he did not believe there was a way to prohibit such things. Mr. Trujillo stated he was 100< in favor of closing the access.- and explained why. Fr nk apra.declined to speak. Ernest Duran dr attorney, stated he represented the YFCW Local 7 Union, owner of the office building on Lot 2. He stated those he represented supported the closure of the access. Commissioner CERVENY moved that Case No. WZ-95-17, a request for amendment to the wheat Ridge Plaza Final Development Plan, be Approved with the following conditioner 1. The access be closed at 35th Avenue for both residential and pedestrian traffic at the property line in a manner acceptable to the Wheat Ridge Fire District. 2. Future alternate access be provided for with the suggested language in Section II of the staff report. For the following reasons: o ~ Planning Commission .Minutes Page 9 December 7, 1995 _ ___ 1. .The property is within the City of Wheat Ridge, and all notificatioh and posting requirements have-been met, therefore, there is jurisdiction to hear this case. 2. There is not a logical pathway through the property in question (such as a sidewalk in front of a house) and-the non-residents are, in-essence, intruding into the "front yard" of this complex. 3. There has been no evidence that when this development plan was approved that pedestrian access was a consideration for approval. _ Commissioner-OW$NS seconded-the motion.. Commissioner JOHNSON asked if the motion maker wanted to add that approval of the Fire District would be necessary. Commissioner CERVENY stated that he had noted that earlier.in his motion (No. 1 condition). Commissioner JOHNSON accepted the explanation. Chairperson LANGDON read the .paragraph in quotation marks in Section IS of the staff report. Mr. Gidley stated that the subject access would ultimately be dedicated at the time-that Yukon Court is developed and there = would be a transition utilizing the access. Ms. Hanna stated t_he Association would prefer to discuss the -_ situation further when Yukon Court is developed. Ms. Hanna had concerns that the access could be used for ,general purposes.' Chairperson LANGDON stated that the access would be .used strictly for emergency vehicles. Motion carried 5-0. At this time a short recess-was called. .Meeting reconvened at 8:56 p.m. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 1. Discussion of Unfinished Business from_Previous Meetings Mr. Gidley passed out copies of a Status Report he had prepared, which covered the following items: _ s ~. , ~ CERTIFICATION.OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION_ CASE N0:- WZ-95-17 LOCATION: 7760-7770-7780 West 38th Avenue APPLICANT(S) NAME: Wheat Ridge Plaza Homeowners.ASSOCiation _- - _ ._ OWNER(S) NAME: Same as above REQUEST: Amendment to a final development plan APPROXIMATE AREA: n/a WHEREAS, the City of wheat Ridge Planning Divisi-on has submitted a list of factor s, to be considered with the-above request, and said list __ of factors is-attached hereto and incorporated herein-by reference,. _ and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional-facts.. , NOW, THEREFORE, based upon the facts presented and conclusions _. reached, it-was moved by Commissioner CERVENY, seconded by ,__- Commissioner OWENS, that Case No. WZ-95-17, an application by Wheat Ridge Plaza Homeowners Association for approval of 'an .amendment to a final development plan for property located at 7760-7770-7780 West 38th Avenue be Approved for-the following reasons:. 1. The property is within the City of Wheat Ridge,-and all notification and posting xequir-ements have been met, there-foie=- there is jurisdiction to-hear this case. _ --__. 2. There is na logical pathway through the property in question (such as a sidewalk in front of a house) and the non-residents axe, in essence, intruding into the "front yard" -of this complex. 3. There has been no evidence presentedindica_ting that when this development plan was approved that pedestrian access was a _ consideration for approval. with the following conditions: i. The access be closed at 35th Avenue for both residential and pedestrian traffic and at the property line in a manner acceptable to the-Wheat-Ridge Fire District. 2. Future alternate access be provided fox with the suggested language in Section ii of_the staff report: "When the City of wheat Ridge develops Yukon Court connection to West 35th Avenue, the existing emergency access drive to West 35th Avenue from wheat Ridge Plaza will be dedicated to the City for public street purposes. Upon construction of said street, Wheat Ridge Plaza shall provide access to its' property from said new-street. Said access-may __ be general or emergency at the discretion of the. City." Certificate of Resolution Page 2 Case,NO. WZ-95-17/Wheat Ridge Plaza VOTE: YES: Owens, Rasplicka, Cerveny, Langdon and Johnson N0: None. I, Sandia-Wiggins, Secretary to the-City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 5 - 0 vote of the members-present at their regular meeting held in the Council Chambers of the Municipal Building; wheat Ridge, Colorado, on the 7th day of Dece/m'ber, 199.5..- ~1 /- _ ~ Cl I _ ` WHEAT iC2DGL` PLANNING b:\wz9517.res ~anara wiggins, e etary WHEAT RIDGE PLA G COMMISSION-- ~' 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 January 8, 1996 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 petition shall be heard: 1. Case No. WZ-95-17: An application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plan for a property located at 7760-7780 West 38th Avenue. The purpose of the amendment is to allow closure of a secondary access to the property from West 35th Avenue. Said property is legally described as follows: Lots 1 and 2 of the Wheat Ridge Plaza Resubdivision, City of Wheat Ridge, Colorado, County of Jefferson, State of Colorado. S 1 San ra Wiggins, S c tary ATTEST: Wanda Sang, City Clerk To be Published: December 21, 1995 Jefferson Sentinel b:\1896.phn ~ T500_WEST 29TH AVEf1lfE ~ _ P.o. sox 83S ~ The City of WHEAT RIDGE. CO 80034-G~38 ~ -- ~ j303) 234.5900 cWheat City Admin. Fax s 234-5924 Police Dept. Fax r 235-2949 ~ ~Rldg'e POSTING CERTIFICATION CASE NO . /i(~~ - CJS- PLANNING COMMISSION - CITY COUNCIL) - BOARD OF ADJUSTMENT (Circle One) HEARING DAVE: LJQ}7 _ ~' f g~~ ~~~~ I, n a m e residing at ~ 7~n - a d d r e s s as the applicant for Case No. jcl~ - (S- I ~ hereby certify that I have posted the Notice of Public Hearing at (1 o c a t i o n) on this ~~~day of ~L-~,~ ig ~Sr, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. ~- 1 -500 WEST 29TH AVENUE _ ?.O. BOX 638 _ Tl7B City Of W'HEATRfDGE.C080034-0638 _ ,3031234-5900 YY~PiSI City Adm~~^. Fax ~ 234-5924 Police Dept. Fax ~ 2362549 ~ldge December 22, 1995 - This is to inform you that Case No. W7-95-17 which is a . request for ~.pnrn~ral cif an amanAm „r +n a P1 ann d R sidential Development/Planned Commercial Development Final development plan* For property located at 7760, 7770 and 7780 West 38th Avenue - will be,heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. , on ,-ra„->,arv 8 1995 All owners and/or their legal counsel of the parcel under consideration mm-ust be present at this hearing before the• C'it~ C'nuncil _. _ _ „. 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. *This amendment relates. specifically to the closure of the public access at the southeast corner o£ the property with PLANNING DIVISION the connection to W. 35th Avenue. If approved, it would allow emergency vehicle access only. <pc>phnoticeform' CITY OF WHEAT RIDGE MEMORANDIIM TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrator SIIBJ: WHEAT RIDGE PLAZA FINAL PLAN AMENDMENT DATE: January 2, 1996 Attached please find materials relative to an amendment to the Wheat Ridge Plaza final development plan. For the past several months, my staff and I have met-with representatives of Wheat Ridge Plaza to try to arrive at an administrative solution to problems being experienced by Wheat Ridge Plaza residents. Initially, residents of Wheat Ridge Plaza expressed their concerns to the City during a CAP meeting. Plaza residents expressed concerns with unwanted persons on their property, traffic speeding through their parking areas, vandalism, and other issues associated with their personal and the public's safety that were attributed to traffic patterns and access and egress points required in the final' development plan. After the CAP meeting, my staff and I met on several occasions with Wheat Ridge Plaza residents to discuss specific alternatives such as speed bumps, access gates, and other means that might be available to control access to the Wheat Ridge Plaza complex. - - - In each case, the alternatives that were discussed to alleviate the problems experienced by Wheat Ridge Plaza residents were found to be too expensive or inconvenient to the residents to be feasible. The only remaining alternative was to change the final development plan to eliminate a condition .that required that access be maintained from the property to 35th Avenue for Wheat Ridge Plaza residents. (Access is also available to 38th Avenue.) It is important that members of the Council understand the exact condition that is contained in the final development plan and how it applies to the property in question. The condition that was imposed on Wheat Ridge Plaza at the time of plan approval was that two means of access needed to be maintained from the property for residents of Wheat Ridge Plaza and the enjoining office use. The access .points were intended only to serve Wheat Ridge Plaza residents and were not intended nor specified to be public access allowing any individuals to utilize the access points. There is a common misconception in parts of the community that the access point on 35th Avenue that is in question is a public access and should be maintained for public purposes. ..The 35th Avenue access point is not public and only is intended to serve Wheat Ridge Plaza and the adjoining office use. Wheat Ridge Plaza residents and the office users have the legal right to restrict access from the public onto the property. The concerns expressed 'by Wheat Ridge Plaza residents are legitimate and in need of a solution. Staff supports granting the request to close access onto 35th Avenue with the condition of future access being provided in the event Yukon Street is extended or developed in conjunction with development of.the Willis parcel. (An undeveloped parcel lying south of Friendly Ford and between Wheat Ridge Plaza and Wadsworth.) Approval of the Wheat Ridge Plaza request for closure of the 35th access point as an amendment to the development plan is recommended. Respectfully submitted, Robert C. Middaugh City Administrator A1.81 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: January 8, 1995 DATE PREPARED: December 29, 1995 CASE NO. & NAME: WZ-95-17/Wheat Ridge Plaza CASE MANAGER: Meredith Reckert ACTION REQUESTED: Amendment to a final development plan LOCATION OF REQUEST: 7760 - 7770 -7780 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Wheat Ridge Plaza Homeowners Association 7770 and 7780 West 38th Avenue NAME & ADDRESS OF OWNER(S): Same as above -------------------_- W ~ _ APPROXIMATE AREA: n/a PRESENT ZONING: Planned Commercial Development and Planned Residential Development PRESENT LAND USE: Office and high density residential SURROUNDING ZONING: N: PCD, R-C; S: R3; E: PCD, R-3; W: R-2 SURROUNDING LAND USE: N: Commercial; S: Multi-family; E: Commercial, multi-family, vacant; W: Low-density residential COMPREHENSIVE PLAN FOR THE AREA: Commercial activity center/high-density residential DATE PUBLISHED: December 21, 1995 DATE POSTED: December 22, 1995 DATED LEGAL NOTICES SENT: December 22, 1995 AGENCY CHECKLIST: (XX) ()NOT REQUIRED RELATED CORRESPONDENCE: (XX) ()NONE ENTER INTO RECORD: ( )COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER ( XX) CASE FILE & PACKET MATERIALS . ( )SLIDES (XX) EXHIBITS 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. Planning Division Staff Report Case No. WZ-95-77/Wheat Ridge Plaza 1. REQUEST Page 2 The applicant requests approval of an amendment to a PCD/PRD final development plan. The subject property is addressed as 7760-7770-7780 West 38th Avenue. ll. CASE HISTORY' , ,, ..! ,.,. _. The development known as Wheat Ridge Plaza is a mixed use planned development with PCD zoning on the north one-third and PRD on the south. An office building and two 40-unit apartment buildings are located on the PCD and PRD portions, respectively. The property was rezoned in f974 and has had several minor amendments approved subsequently. All of the developments have shown public access from both West 38th Avenue and West 35th Avenue via an asphalt road running from the southeast corner of the property south to West 35th Avenue. It is the intent of the Wheat ridge Plaza Home Owners Association by this application to close the secondary access (to West 35th Avenue) to both pedestrian and vehicular traffic. It would be used only by emergency vehicles. The owner of the commercial building on the north does not depose the request. Please note that the access road has been temporarily closed at 35th Avenue and at the rear entrance to the property. See attached correspondence included under Exhibit 'B'. Staff believes that it is imperative that alternate, secondary access be provided and is suggesting this be done via the extension of Yukon Court. We would suggest that the following language be added to the plan amendment it it is approved: "When the City of Wheat Ridge develops Yukon Court connection to West 35th Avenue, the existing emergency access drive to West 35th Avenue from Wheat Ridge Plaza will be dedicated to the City for public street purposes. Upon construction of said street, Wheat Ridge Plaza shall provide access to its' property from said new street. Said access may be general or emergency at the discretion of the City." There were several letters of opposition submitted from residents of the Valencia Condominiums to the south. The letters are included under Exhibit 'C". Ill. AGENCY REFERRALS Public Works is requesting that if the access is closed to through traffic then a new, secondary access should be required to lessen the traffic access onto West 38th Avenue. Wheat Ridge Fire District would support the closure if gated to allow emergency vehicular access. The recommended closures occur both at West 35th Avenue and at the property line. IV. PLANNING COMMISSION ACTION , Planning Commission reviewed this request at a public hearing held on December 7. 1995. A recommendation of Approval was given for the following reasons: r Planning Division Staff Report Page 3 Case No. WZ-95-17/Wheat Ridge Plaza 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. 2. There is no logical pathway through the property in question (such as a sidewalk in front of a house) and the non-residents are, in essence, intruding into the "front yard" of this complex. 3. There has been no evidence presented indicating that when this development plan was approved that pedestrian access was a consideration for approval. With the following conditions: 1. The access be closed at 35th Avenue for both residential and pedestrian traffic and at the property tine in a manner acceptable to the Wheat Ridge Fire District. 2. Future alternate access be provided for with the suggested language in.Section II of the staff report: "When the City of Wheat Ridge develops Yukon Court connection to West 35th Avenue, the existing emergency access drive to West 35th Avenue from Wheat Ridge Plaza will be dedicated to the City for public street purposes. Upon construction of said street, Wheat Ridge Plaza shall provide access to its' property from said new street. Said access may be general or emergency at the discretion of the City." V. STAFF CONCLUSIONS ~.,_ .. _ _ Staff concludes that in order for the secondary access to 35th Avenue to be closed, an amendment to the Wheat Ridge Plaza final development plan must occur. Staff further concludes that the access must be reserved for emergency vehicles and pedestrian traffic. If this request is approved, Staff recommends the following conditions: 1. The access be closed at both 35th Avenue and at the property line in a manner acceptable to the Wheat Ridge Fire District. 2. Pedestrian access be maintained. 3. Future alternate access be provided for with the suggested language in Section 11 of this report. V. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WZ-95-17, a request for amendment to the Wheat Ridge Plaza Final Development Plan, be Approved with the following conditions: 1. The access be closed at both 35th Avenue and at the property line in a manner acceptable to the Wheat Ridge Fire District. 2. Pedestrian access 6e maintained. 3. Future alternate access be provided for with the suggested language in Section 11 of this report." OPTION B: "I move that Case No. WZ-95-17, a request for amendment to the Wheat Ridge Plaza Final Development Plan, be Approved with the following conditions; Planning Division Staff Report Page 4 Case No. WZ-95-77/Wheat Ridge Plaza 1. The access be closed at both West 35th Avenue and at the property line in a manner acceptable to the Wheat Ridge Fire District. 2. Future alternate access be provided for with the suggested language in Section II of this report." OPTION C: "I move that Case No. WZ-95-17, a request for amendment to the Wheat Ridge Plaza Final Development Plan, be Denied for the following reasons: 2. 3. " b:~wz9517. sr AGENCY REFERRALS SUMMARY Case No. WZ-95-17 Fire: (Wheat Ridge) Supports request if secondary access allows emergency vehicles. Schools: Water: (Wheat Ridge) No problem. Sewer: (Wheat Ridge) No response. U S West: Public Service Company State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: CITY DEPARTMENTS Public Works: If access is closed, a new secondary access should be provided to West 38th Avenue. Parks and Recreation: Police: No response. Building Inspection: agrefsum.frm APPLICANTS' JUSTIFICATfON T0: PLANNING COMMISSION, City of Wheat Ridge FROM: :•Iheat Ridge Plaza Condominium Homeowners Assn. SUBJECT: Case # WZ-95-17 DATE: December 1,-1995 We the Wheat Ridge Plaza Homeowners_Association (WRPHA) request this amendment for the safety, protection and well being of our owners and tenants. The access road to 35th Avenue was never intended for"public access. Originally; it was required by the Fire District for their access to the property. This information was- supplied us by the original developers and it was-an over- sight that it was not designated as such on the final development plan. In seeking permission to close this access (private road) earlier this year, we contacted the City of Wheat Ridge and was directed-by a member of the Planning-Department to contact the Fire District. We received permission from Fire Marshall Dave Roberts, and the Fire Chief to proceed.--- as planned. We, as well.as these people were unaware of the approval necessary from the Planning Commission. We apologize for our-lack of knowledge regarding procedure In meetings with the Mayor, City Manager and Glen Gidley of the Planning Department, we were informed that this property belongs to the Wheat Ridge Plaza Condominiums and we have the right to prosecute trespassers on our property. However, we don't want to go to that extreme if it can be avoided. We do however, have the right to protect ourselves from property and personal injury damages incurred by unauthorized people_on our property. The liability. which could occur if an accident should happen could be excessively expensive-and we don't feel we should be subject to these expenses. Will the City of Wheat Ridge accept any and all liability and expenses should such injury or damage occur? We were informed this would be a civil responsibility, therefore we petition for the closure of this access to-all except -- fire and emergency vehicles.. The following page lists our--reasons for Yequesting this amendment and we appreciate .your consideration of this request. Page Two Case # WZ-95-17 Wheat Ridge Plaza Condominiums December 1, 1995_ 1. The number of unauthorized vehicles, speeding through-our parking lot, is of great concern to us and has been for a long time. Since we repaved our parking lot, eliminating the speed bumps, the amount of vehicles has increased.. This. has'also -. attracted bicycle riders, skateboard riders and in-line skater-s, using this private road for access to our property. A number of our owners and tenants have experienced near misses when entering or leaving their carports and walking on the driveways. Unauthorized vehicles and pedestrians show no regard or respect for the rights of our people and their safety--often seriously exceeding the 10 MPH limit---or impeding our people by not yielding to vehicles entering or leaving the premises. 2. The sound levels often exceed what is expected for a non-public complex. Since this access (private road) has been temporarily closed to vehicular traffic, a marked improvement has been noted in sound levels and safe access to our carports and property. 3. Although suggestions, by the City. of Wheat Ridge,_to install speed bumps or humps was considered, we found this was not an acceptable solution for the following reasons: a. inherent damages to our own member and tenant vehicles while traversing these devices- b. inconvenience and danger to our handicapped people using wheel chairs and mobile scooters- _„_ c. expense to our people,fo.r.keeping these unauthorized vehicles at safe speed limits while illegally- traversing our property. 4. We have not been troubled by vandals, who earlier this summer came on the premises and removed gas caps, spray painted several cars--both in front and back. of the complex;. left trash--pop and beer bottles on and around cars; placed roofing nails under_- the back wheels of our cars, that could have ruined the tires had they not been discovered..- Pool jumpers who found it easy to get in and out via the ~Sth Avenue access. °- Vehicles, also entering via 35th Avenue, have been found parked close t_o that access, engaging in possible illegal or at least undesirable activities.- 5. Unauthorized pedestrians, walking their animals -(pets are not allowed on premises) do not clean up after these animals. Some. also feel they have the right to use the grassy areas near the tennis court to train their animals. -T--- --- - - - -- - a 3i ~~~ C!PE~~'iCeCBSq x'q @q@:E pp ea :~ ~L~°52F~ BE~?~ t 5 F~- e 35 Etc is ~tq q~~ ; , „,{~ \' G ~, tt ! !f~ s t'! 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L.S I' .1.. ~ { ~' : 3 ff ._.r-_-~" CCC ~ wEST 3®~ °vENUE _ ~ 'ray ~~ _a~_ _ _. _ _.. .dL 1181HX~ LC-S6-ZM 'ON 3Sd~ i . • 1... „ V ~'~. F at '•S s. ~'. •s~ ~, - ~J CAS NO. WZ-95-17 EX~BIT 'f i~00 WEST 29TH AVENUE The ~ilt}/ Of P.O. BOX 638 wHEATRIDGE.CO6003»-C636 _ - -[303123»-5900 ~=7t_ea~ C:;y Adman. Fax a 23»•592» Pcace Dept. Fax ~ 235-2949 " ~/'~~/ jijdge November 7, 1995 Richard Culna President, Wheat Ridge Plaza Homeowners Assn. 7760 W. 38th Avenue Wheat Ridge, CO 80033 Dear Mr. Culna: This letter will acknowledge that the City has officially received your Homeowners Association application to amend the final plat for Wheat Ridge Plaza. The plat amendment which you are seeking, will enable an amendment to the plat that requires an open access for all Plaza residents to 35th Avenue. As we have previously discussed, Wheat Ridge Plaza residents have experienced a number of problems on the premise which the residents feel are directly attributable to the 35th Avenue access. Problems experienced by residents at Wheat Ridge Plaza have included unwanted intruders on the site, cut-through traffic, speeding traffic and vandalism. Based on the public safety concerns which you have brought to the City's attention and the fact that you have made an official application to amend the plat, you are granted temporary permission to close the access to 35tkAvenue. Fina] closure of the access to 35th Avenue is dependent upon Planning Commission and City Council review and action on your application for amendment to your 5na1 plat. While you have raised legitimate concerns regarding the safety ofthe Wheat Ridge Plaza residents, there is a chance that the amendment you are seeking may not be approved,by the City Council. If the plat amendment is not granted, the permission to temporarily close 35th Avenue may need to be rescinded by the City. With that possibility, I would suggest that any closure methods you utilize not require a significant expenditure of funds. , If you have any questions regarding this memo or its application, please do not hesitate to contact me. Sin ly, , Robert~daugh City Administrator ce: Glen Gridley, Director, Planning & Zoning Mayor; City Council • r, ,:..,....,,.,,,,. • CASE NO. WZ-95-17 EXHIBIT 'C' 0~ ~h'1-;EF,T RIDG~~ I,I~ v: if ~ ~J:iJ ,'~ PLANNING &~EL ME ~,L ~~ ~~ ~ ~~~ C~-e~-c~ ~ 3b"~ ,~ ~ ~ ~ aye-~-~-~- ,°'~;~' ~ ~~ a~~ ~ ~-~°! .~ A ' / I_ ~ ~y LNw /JJr1.~ ~~t.,~ ~~ ,emu-~.z-,~ .~,,.u- ~-,.v~.(~ /l{~oru~ G ' ~,0ec,~ _ - , 7ga~ ~v d~ o~ w~-~ ~ y~ ~` .ice _~~~~~. CITY OF PJHEAT R(DG~ ~ ~ ~~D Fir i `~• -.+i1 •- ' ~ ~ f / G'7 ~~ - / ~ ! - t'..,1i~NiNG & DEV.FlOPMENZ y~~ c _~ :. ' i.,. ,.6v._~ l~o~~ _..-- ~` . . ~ .. -... Q7`~2'--- ~, -. .-- - ._. - - .-~- ~~ _ . _d-~~ ~ v. __ ~~.~.._ ~' i ~ „~ ~-~P~._i -._ - -- .... / _ .., / ~~ l ,_ ~..__. .. ., ... _ c' `U ~~~lZ .l~t7/ . _ __ --. - - .: ~~~/ 1',3j~/~,-~. ice,, ~. ~~ ~ ~~ ~' - .. -- y3r ~~~~ ~ CITY COUNCIL MINIITES: January 8, 1996 Page -4- Item 3. Application for a new Hotel & Restaurant Liquor License with extended hours for Ristorante Amato, 5807 West 38th Avenue, Wheat Ridge. City Clerk, .Wanda Sang, presented the staff report. Alfred John Amato and Jeffrey Alan Amato, applicants, and Mr. Zarlengo, attorney for applicants, were sworn in by the Mayor. They asked for approval of the application. Motion by Mr. Siler to approve the application for a new Hotel & Restaurant Liquor License for Ristorante Amato, Inc.; dba "Ristorante Amato", 5807 West 38th Avenue, Wheat Ridge, Colorado, for the following reasons: i. All applications and fees required by statute have been filed and paid. 2. Notice of hearing and posting of the premises have been accomplished according to statutory requirements. 3. The applicant is entitled to occupancy of the premises by virtue of a signed lease dated November 9, 1995. 4. The applicants have been cleared by the Police Department; seconded by Mr. Solano; carried 8-0. Item 4. -Transfer of Ownership from Lim Soon Hee, dba Lakeside Liquors, 5820 West 44th Avenue, Wheat Ridge, to Perry Michael Morrone. City Clerk, Wanda Sang, presented the staff report. Perry M. Morrone, applicant, was sworn in by the Mayor. He asked for approval of the application. Motion by Mr. DiTullio to approve the application to transfer the ownership from Lim Soon Hee, dba "Lakeside Liquors", 5820 West 44th Avenue, Wheat Ridge, Colorado, to Perry Michael Morrone, for the following reasons: 1. All applications have been filed and fees have been paid. 2. Applicant is in possession of the premises by virtue of a lease assignment dated November 20, 1995. 3. Applicant has been cleared by the police department; seconded by Mr. Solano; carried 8-0. PUBLIC_HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plan for a property located at 7760- 7780 West 38th Avenue, Wheat Ridge. (Case No. WZ-95-17) Public Hearing on this Item was declared opened by Mayor Wilde. CITY COUNCIL MINUTES: January 8, 1996 Page -5- Mirium Fianna, 7770 West 38th Avenue, was sworn in by the Mayor. She asked that pedestrian access be denied. Glen Gidley, Director of Planning; was sworn in by the Mayor and presented the staff report. Dave Roberts, Fire Marshal for Wheat Ridge Fire District, was sworn in by the Mayor and .answered questions. John Trujillo, Manager for Wheat Ridge Plaza, was sworn in by the Mayor; he asked for complete closure for pedestrians as well as cars. Gene Smaldone, Gordon Phifer and Eloise Brannan, were sworn in by the Mayor and agreed with previous speakers to close off access. - Motion by Mr. Solano that. Case No. WZ-95-17, a request for amendment to the Wheat Ridge Plaza Final Development Plan, be approved with the following conditions: 1. The access be closed at both 35th Avenue and at the property line in a manner acceptable to the Wheat Ridge Fire District. 2. Pedestrian access not be maintained. 3. Future alternate access be provided for with the suggested language in Section II of this report; seconded by Mrs. Worth; carried 8-0. ORDINANCES ON FIRST READING _ __ Item 2. Council Bill 1 - An_Ordinance permitting multiple charges upon a single notice to abate or summons and complaint. Council Bill 1 was introduced on first reading by Mr. DiTullio; title read by the Clerk. Motion by Mr, DiTullio that Council Bill 1 be approved on first. reading, ordered published, -- - _ °- public hearing be set for Monday, February' 12, 1996 at 7:00 p.m: in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Solano; carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no. Item 3. Council Bill 2 - An Ordinanc_ e cdn_ ceming notification of disturbances in licensed premises. Council Bill 2 was introduced on first reading by Mr. Siler; title read by the Mayor. Motion by Mr. Siler that Council Bill 2 be approved on first reading, ordered published, public hearing be set for=Monday, February 12, 1996 at 7:Q0 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. - RECEPTION NO. F0188599 11.00 743 RECORDED IN JEFFERSON COUNTY, COLORADO 7500 WEST 29TH AVENUE IS "'~ ' P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 City Admin: Fax # 234.5924 Police Dept. Fax # 235-2949 PG: 0001-002 2/20/9b 15:13 The City of Wheat Ridge ~~~lc Vvn'-f1!' ~,O v m c~GOR A00 ,s AFFIDAVIT OF AMENDMENT ~'. Clerk & Recorder Jefferson County- 100 Jefferson County Parkway, Suite 2530. Golden CO 80419 Subject: Wheat Ridge Plaza Final Development Pfan Dear Madam Clerk: Please be advised that the subject development plan and plat was recorded on January 10, 1977, at Book 50 and page 50-52, Reception #844527 of the records of Jefferson County, Colorado. The most recent amended plan was recorded on December 13, 1984 at Book 81, Page 61, Reception #84115602. It is the intent of this affidavit to amend the Wheat Ridge Plaza final development plan by closure of the access to West 35th Avenue for general vehicular and pedestrian access. This access, however, will still provide emergency vehicle access and shall be gated in a manner acceptable to these agencies. For future circulation purposes, the following language shall be added to the final development plan: "When the City of Wheat Ridge develops Yukon Court connection to West 35th Avenue, the existing emergency access drive to West 35th Avenue from Wheat Ridge Plaza will be dedicated to the City for public street purposes. lJpon construction of said street, Wheat Ridge Plaza shall provide access to its' property from said new street. Said access may be general or emergency at the discretion of the City.°' of Planning & De lopment Dire or of Public orks Mayor City Clerk CO Re~~olyd Paper .v 1 RECEPTION NO. FOl88599 State of Colorado ) SS County of Jefferson ) fdi / The foregoing instrument was acknowledged before'me this ~ day of ~GJ,wczF~_ 1996. ~ My commission expires /G'-,~5 '" 97. Witness my hand and official seal. Owner of of i The foregoing instrument was acknowle ;Y 1996. t. ~~,~~%~ ~ My commission expires Witness my hand and official sealJC~:.. v'~ ~ '., Notary Address Gvh e_~f me this 3D~' day o >> tij c3 x a~ ` /r Y> .J'~••... Address X2/5 Ow r L t The foregoing instrument was acknowledged before me this ~D~day of ~, 1996. My commission expires7~1~ 7. Witness my hand and official seal. .~`"~ n ti~~ ~1, __ ~// .; o. Address ' -ww ::~ 11 ~ /~_;;~_~s `> _ ox~_ . FROM CAMBRIDGE PARK PHONE N0. 4561970 - MAR,. 04 1998 04:18PP1 P1 March 4, '1998 Meredith Reckert City of Wheatridge 7504 West 29~' ~4ve. Wheafridge, CO 80033 Dear Meredith, Regarding the stop work orders issued at Cambridge Park for Lots 46 and 47, 3992 and 4002 Lee Cr., first I would take responsibility for the error. 1 failed to transmit fhe fact that the garage extensions were not to be built. We will proceed immediately to remove these extensions, given that the stop work orders are liked. Yours Truly, ~~~ Barry L. Od n Yce President, Constnaction Pnr10 HOMrS 3545 MILLL•7$TRBCT W[1LAT RIDGG.COLORnDO80033 307.4;51-ZS25LfAX 303-43t-2774 -