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Home My WebLink AboutLLA-01-01 1 1"'~► 11 / 1 /''1 - s. - 3~$/a~~ 44TH INDUSTRIAL PARK SUBD ~I,~y o~ AMENDMENT #3 CONSOLIDATION PLAT OF LOTS 19 & 20 OF 44T ~ ~I~1.1-~' ~'`'D . ILK 1 Lars /9r Zoi Z ~ A- P~- ~-,.~~-5~ GRAPHIC SCALE t Nc~D 7~ ~ a ~s ~ SUBDIVISION, & LOT 21A, 44TH INDUSTRIAL AMENDMENT #1 ,N ~ND~Z G°~C'~GT - ' ~ (moo/.~!' ~b~ ( IN FEET ) "7~ ~~'~y' 1 inch = 5d ft. APART OF THE EAST 1/2 OF SECTION 1 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STAT ~ J_ ~ , G! r ii' ~ _--i r OWNE 43 PARK u 'r. . ' 1 4301 W. G()LU EN, f. s L_ s ~ _ - ' i ~ NOTA srnrE o - R J fit".` N i/4 COR. SEC. 19 f ~ ~ ' couNTr t -1 /2 ° COPPER WELD r,,,,,,.~-"' ~ , FND P&C ~AONUMENT SET IN CONC. - ZONED P.I.D. I.D. ~~;_s gnoya / ~ rr,E: Fotz S~ IN RANGE BOX, P.L..S. #10104 ~ I E , ~ q4 n5j i ~ \ / ~ 'Sl ENO Ftc "~2a2~a w,rNFSs i \ ~„r P.L.S. N22094 ~ MY C~M ~ o' G f. !t P O I N T C~ F & E' COMMENCEMENT END P&C _ _ fit,- P.L.S. #22094 a (m ~ Ne o'o ~ N , ~ 2y ~ , ' I ~nr,co a f• a;,r, 11 p 1 i 33oi w cn co~orN, tel. ,9 P.L.S. X22094 ti - ~ '-'~`so: POINT OF i~ 31~ 53„__ \ EASEME _ , ~ 282 ~ BEGINNING i -i3 r~1 ~ I ~ i~ ~ - ' R=275.00 MY COM P.L.S. #22094 ~ _ .~-10"51'08" ~,=e~ . ~ ~ ~ \ ~ ~ ~ i ~ ZONED P.I.D. ~ ~ ~,~s~, \~,.f~ ~ i CB=S65'42'31 "W ~ . C=52 CENTER 1/4 COR. SEC. 19 ~ r~ `9' `'~i , o ~,2~1~ / i RJ DEVE o~\ ~ ~ 13301 W. _ 3" BRASS CAP IN LAND ~ `9~` CORNER BOX P.L.S. #15846 ~ ~ f~ c / GOLDEN, P.n.s. #22oga _ ` NOTA ~ ~ sTATE- ~ •1~~~ / I O T ~ COUNTY LOT 19A 2.05 ac Y COMMISSION EXPIRES y~~ \ \ ,~~4 / / ( THE FO / `~o N A Y U Lt CITY SEAL ~ \ - % ~o~ / - i J DEVELOPMENT uer.ie _iri e `s'ue- \ ,cam P. PROPERTY LOT SINE FND P&C ~ ~ ~ ~ ( WITNESS P.L.S. X22094 ~ ~ / ( MY COM R~ ~ - AND EASEMENT TO BE ' ~ ~ ~ ~ o l 1~ ZONED P.I.D. REMOVED BY THIS PLAT ~~~p ~ FND P&C ~~50°-~ 3~ ~.W.s. P 13301 W / ~ ' ' GOLDEN, ~J~ , ~ NOTA / sTArE ~ ZONED P.I.D. ~ P.L.S. #22094 ~:EO \ \ ~GP~G~ ~.~-01 1 ~ v s COUNTY ~~'1 ~ p0 i 60 S i THE FO ~ ~ nFNS~ s~n~ ~ FND P&C _ _ . ~ / P.L.S. #22094 ~ i OTARY: APPROVALS: .6 s i ~~~A~~ i/~ :OUNTY OF / i ~ WITNESS CITY OF WHEAT RIDGE - DIRECTOR i MY COM E. A.M.N. HE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF- J~- LEGAL DESC A. D. 200 BY 43 PARK, LLC, BEIN ..1~ 20), AND JANCO 4 FOLLOWS: )ESCRIPTION: 13301 w NOTE: ei_ A PARCEL OF LAN THE PURPOSE OF THIS DOCUMENT IS TO CORRECT THE LEGAL DESCRIPTION 69 WEST, OF THE 6 PARTICULARLY DES IN ..THE PLAT DOCUMENT RECORDED IN BOOK 161 AT PAGE 31, RECEPTION J NUMBER F1262274 AT SAID COUNTY OF JEFFERSON, STATE OF CO~ORApO. LOTS 19 & 20 OF PARK SUBDIVISION, n nri~~n T~,r n~.n.~r-oic~~ r~~ rur o~n~ oor~ocorv n~ n i~ nrr~~c /i me ~a p. ASSUMED BASIS OF BEARING: NAS LAID OUT, coN _ _ _ _ _ CONTAINED UNDER is ~ __3 - - - THE ASSUMED BASIS OF BEARING OF N00'08'43"W IS DEFINED BY THE FOUND 1-1 2" AMENDMENT #3, A PRESENTS DOES HE COPPERWE~D MONUMENT SET fN CONCRETE RANGE BOX, P.L.S. #10104, MONUMENTING USE OF THE CITY THE NORTH QUARTER CORNER OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST FRANCHISED UTILITI OF THE 6TH PRINCIPAL MERIDIAN, AND THE FOUND 3" BRASS CAP IN LAND CORNER SO DESIGNATEp AS :1 ~K- BOX, P.L.S. #15846, MONUMENTING THE CENTER QUARTER CORNER OF SAID SECTION OPERATION, MAINTE 19. AND THE BEARING BETWEEN THEM AS SHOWN. WITHOUT UMf11NGryT WVKK, F'ULtS AfVU THIS BASIS OF BEARING IS TAKEN FROM THE ORIGINAL PLAT OF 44TH INDUSTRIAL SEWER LINES, 5TRE ALL APPURTENANCE ANU UNUtr~UKUUNU UAOLLZo, '~~'C Io.IIVC ' YYH I CI'k r-lr-LL114Cm,~3, 3MIVI I MFN 1 AN DRAINS AND LIGHTS, HYDRANTS, DRAINAGE DITCHES CULVERTS, STREET >TATE OF COLORADO PARK SUBDIVISION. UNDERSIGNED THAT n. o+.. w., r« r. A ^r t1 A f1 r • l M4 r. P4 Y'f f"` P"' d ] [ "T!- s 1"" S SANITARY SEWER S LIGHTING, 100 YEAR FLOOD PLAIN: AND OTHER SUCH L I :OUNTY OF SUBDIVIDER OR ARR February , 2002 ~ s st_ wineenno Inc. NO PORTION OF THIS SITE IS WITHIN THE 100 YEAR FLOOD PLAIN AS INDICATED BY APPROVED BY THE CITY OF WHEAT RID THE FIRM 080087 0170 B, DATED AUGUST 5, 1986. WHEN ACCEPTED B~ J ':NE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF i A.D. 200 BY PROPERTY OF SAID AND/OR THE MOUN Future En-cin CONSTRUCTED OR It SS ( Engineering Consultan s o VITNESS MY HAND AND OFFICIAL SEAL NOT BECOME THE P L~ ~itr 'L' Av rNnlJkAiccinKi UvoIocc ~ 12741 East Ca3ey Avenue, LQa7b W,~ . P Department Wheat Ridge MEMO of Public Works TO: Mary Austin, Planner FROM: Dave Brossman, City Surveyor DATE: Tuesday, February 12, 2002 SUBJECT: W Ind. Park Consolidation Plat Mary - bq~ There are a number of changes and/or additions to the 44' Industrial Park Amendment #3 Plat which will be required. 1. The Consolidation Plat for the 44' Industrial Park Subdivision Amendment #3 will need to have the words "Correction Plat" above the title, to help direct the reader as to the purpose of the Plat. 2. The Plat will also need to contain the corrected description of Lot 21A in both the Title and in the Legal Description as belonging to 44' Industrial Park Subdivision Amendment #1 (which I see is already on the revised Plat which was submitted). 3. In addition, the Correction Plat will need some language reflecting the nature of the correction(s). For example: The purpose of this document is to correct the Legal Description in the plat document recorded at Reception Number F1262274 at said County of Jefferson, State of Colorado. 4. Since the filing of the original Consolidation Plat, this property has been platted into condominium units. 5. Due to the fact that all of the condominium owners now share a part interest in the original Subdivision, all oftheir signatures will be required on this Plat as well as the original owners. 6. What happens when this Plat is recorded is it will supercede the condominium plat, thus making it null and void. 7. That means that the condominiums will also have to be re-platted. I have spoken to the Jefferson County Assessors Office, and they have told me that they would accept this Plat if the above steps are followed. This is not the best situation for the property owners, and I truly wish I had a better solution to this problem. Unfortunately I am unable to come up with a better solution. Even ifthey choose to use an Affidavit of Correction to correct the Legal Description, it still nullifies the condominium plat which would require a re-plat. Please let me know if I may of further assistance in this matter. David F. Brossman, P.L.S. August 21, 2001 J. KEVIN McCASKY Assessor OFFICE OF COUNTY ASSESSOR 100 JEFFERSON COUNTY PARKWAY GOLDEN, C080419-2500 43 Park LLC 13301 W. 43rd Dr. Unit 9 Golden, CO 80403 Attention: Thomas M. Duffy Re: 40 Industrial Park Sub Amd #3 Rec# F1262274 Dear Sir: A, (s-AH a R:' The legal description on this plat describes Lot 21A of 44 h Industrial Park. Lot 21A does not exist in this subdivision. It should read Lot 21A of 441i Industrial Park Amendment #1. We will need a recorded Affidavit of Correction to correct this error. Our records show that part of this lot has been replatted into several of the Janco 441 Condominium Plats. If all of this lot should not have been included in this new plat, then we will need an Affidavit of Correction recorded to correct this. If, in fact, all of this lot was meant to be included, then we will need the owners of all of the condominium unitssand RJ Development LLP to sign Ratification of Plats as owners. These will also need to be recorded. And, as Thomas M. Duffy signed the plat for 43 Park LLC, we need to know, his title so that we know he had the authority to sign for this company. This will require a recorded Ratification of Plat to correct as well. We will be unable to list this new plat on the tax rolls until these problems are resolved. If you have any questions, I can be reached at 303 838-6943 Wednesday and Thursday from 7:30-4:30, or you can contact Kathy Sewolt at 303 271-8645 Monday through Thursday. 7:30-5:00. Thank you for you cooperation in this matter. Sincerely, ejk-,~ um*"O' Cheri McKee Phone: (303) 271-8667 Fax: (303) 271-8616 s( e1i`e d s: _I;rA= 44TH INDUSTRIAL PARK SUBDIVISION AMENDMENT #3 CONSOLIDATION PLAT OF LOTS 19 & 20 & AMENDMENT OF LOT 21A A PART OF THE EAST 12 OF SECTION 19 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO GRAPHIC SCALE 1r1~1 1YN-r s 11/I Wt ECU YJIAEIR RT M = M xi1l~ w ru o m TRACT B IYC I'Ro_. , i` f15 pril _ * ~F'gNT OF RO LOG Ii~~I' Ai, COMIIENCEMEHT fi5 Pml1 / `\1 ~ ~ . LOT 23 ru wH / 1'OO NA t3lm ND. IIAIcI POINT OF Y LOT tIA C \ q P Pr nlSVr~o/.r owNaes NALE i ADDWss: ZONED PJA 1 IMII agiE a~i-! uu LOT \ 0 iM 1fr r \ ►i2 im1~j 1 20S i 1 LOT 12 - I ~ - w \ L TOME i OwYMM i q 1010, mpw AI E6TEM16.1{ 5~7~Y~ i lla ~AAY 6 LOT 18\`~ f1i 0;' NO FA90BIf lO E \ V'~ i L i 7 ZONED PJ.O \V4 EYOB a 1Kr1AT LOT 13 pop" S I W Mr11 M0 6$QV.[L \ we r3c / ST~~ . ~ ~ ~ i wf ao.soH EInES a3leD PAn 1 10 / - I IISMMM MM OF SEMW i /DT 14 1 mw . i / - t L 1MT sai A~ Q Edwe E 1MeaRa'M 6 vs3i ti THE rYM T-1 PlS p01 i DOrf~U g uar tT IN col AEIE EE s1S rt iE M3R0 13NR9 O a E 1R IDrB! 3 SAME M !]T / - - i IME E4 OIMONS. wanrt 01D l1E IaSD t 31AE o1r M HALM easel ~ i1' Pl.i ~1lOO, EPEEMMfi l1E ®r191 iMR18! COSIH OF Ei SE3E / ' ' i 1 i ~ }f 3EIi EIEE111 1101 tl SIOrL i i VI E 41®111101 li OMYML OUT 6II111 Sa6i1l r EiI OS VEM OILOOD PLASC ' PILm M KSOD11® R w IINI ~mw 3DD IL M101 ~ L "'N"'N'. 116 a TO CERM MAT RE tt Or w T ImE. CMDRAM OD ON 116 I91h MY W t..-., 2o3L- APPR0IE 116 A1FNrEMT AND ACOPT l1E ELf lla6 HEIE01 Y1DE aw API\ROVALS: C~T - ECI[R3"P000"1416 PLANNM DIRECTORS CERTMAI : M 6 W C01wY THAT THE MIIH SQAMYAL PAw( f1iH®OM rIEl61CIT p HAS E}]1 ANROhO R THE OfEG10R 6 rlMMi AID E~lIVH W 11E un 6 rEAT MIDGE, COOMDO CLERK AND RECORDERS CERTiF1GATE: STM Or LOIDAOO OOIIMn 6 III $ ALA A6 ~Sr y 6M~Tiu EH AIO IS OILY EFdl~m M RN1 N L OOMMD A GLUM A IiLBI,g rEO1E990ML 1Aw1 WAYM E IM SM 6 ammu 0, OO 1Em1 OFREY MAT DE PNWfi MIMN 4]PIiD N 51311E1® ImOt S13I01BD1 rD EAT RO MT It A 1MYF 1E Oi FBD SIIIIEC 8B/a 7 IiL r<r i sa a~ BO~~Mfr t t Tr1 ~m rP..E pw.A. rn1 - iwM rF~ of n1w fw-H~ VICINITY MAP 1oTro1oT1E LEGAL OESCRFiION: lT PARII LLL. E11C LIE OE1FR(S) OF HE EK PLTERn Of {.12 AfAES (TOTS 10. za & z1N mneem As roues q Mww 11 ~ , ff K {A1 PY =NTY 5 STM W pOROMADZWK I PASDCIEMIY ESOOED AS rIX1 . HOTS M M t 9A K DE HON M015wW. PM SIM(01W01 AS OESCHBED M DE r4T DO . 44TH INDUSTRIAL PARK SU AMENDMENT #3 CONSOLIDATION PLAT OF LOTS 19 & 20 OF 4 SUBDIVISION, & LOT 21A, 44TH INDUSTRIA AMENDMENT #1 APART OF THE EAST 1/2 OF SECTIO TOWNSHIP 3 SOUTH, RANGE 69 WEST OF T CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, S . ' = ~ / _I ~ GRAPHIC SCALE o ~ ~ t~~) i ~b = so n. R Y N 1 /4 COR. SEC. 19 1'-~`Zr 1rtTf GR~W ~'I ~ ~ ~ ZONE MONUMENT SET IN CONC. ~ J,,,..•~- IN RANG BOX, P.LS. X10104 ~ , I SUBDIVIDER OR ARRANGEMENTS MADE BY THE SUBDIVIDER THEREFf}RE WHICH ARE ~ TRACT B .a-°°`" APPROVED BY THE CITY ~ WHEAT RIDGE. AND SUCH SUMS SHAk~L NOT BE PAID BY THE APPRQVALS: CIIY OF WHEAT RIDGE. C4L4RAD0, AND T'H~T ANY ITEM SO CONSTRUCTED OR INSTALLED POINT OF WHEN ACCEPTED BY THE CITY OF WHEAT RIDGE, COLORADO, SHALL. BECCNutE Tt-iE SOLE . COMMENCEMENT ~a P~ PROPER'Tl' OF SAID t~TY EXCEPT ITEMS OWII~lED BY MUNICIPALLY FRANGHfSED UT{UT1ES ~ p.~s. ~azosa o °0 r► ANpJOR THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY WHICH ITEMS, WHEN O ~ CONS~"RU~TEQ QR INSTALLED, SHALL REMAIN THE PROPERTY QF' THE OWNER AND SHALL I - NOT BECOME THE PRf3PERTY OF THE CITY. _ O ~ z N 'rc~ FND PacC ~ r'~0 P,LS. ~22Q94 a t~"1 OWNERS NAME ADDRESS: BEGINNING 43 PARK, ~c PLANNING DIRECT4R' 13301 W. 43RD DRIVE -UNIT 9 i / \ /~'/~~i GOLDEN, CO. 80403 THIS IS TO CERTIFY THAT TH NOTARY. a ~3 HAS BEEN APPROVED 8Y i r r THE CITY OF WHEAT RIDGE. C STATE OF COLORADO ~ , - ~ Ct}tJNTY OF \ ZONED P.I.D. CENIER 1 /4 COR. SEC. 19 ~ _ THE FOREGOIWG INSTRl1MFNT WAS A(`KNnWI F()[,Fn RFFnRF MF TH1~ nAY (lF 3" BRASS CAP IN IAND \ CORNER BOX \ P.LS. ;15846 DoT 2a SOT 19A 2.05 ac LOT 19 r-- ~ Q LOT 18 ` r \ PROPERTY C.OT Ut~NE AND EASEk1ENT TO BE ZONED P.I.D. REtr10VED BY THIS PLAT ~ ~ FNO PdcC 3 ~ ~ P.LS. X22094 ~~ti o ~ l~e~~ ~65~ \ \ 1~11~,~ / / c~Q ~ L~ ' i_ ~ / FND PdcC ~ ~ / P.LS. ~22~4 ♦ ~ N / ~ ' / } L / ~ / ~ / 4 /r ~ / rv; ~ v ' ~ee~ ~~uen Q~e~e nc Qcwo~~r~. ~ r+vvvn~v ve'%v1v v1 vL.r% 1A I IN v. r N O i COUNTY OF o THE ASSUMED BASIS OF BEARING OF N00'08'43"W IS DEFINED BY THE FOUND 1-1/2" ~ COPPERVIELD MONUMENT SET IN CONCRETE RANGE BOX, P.L.S. X10104. MONUMENTING THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF THE NORTH QUARTER CORNER Of SECTION 19, TOWNSHIP 3 SOUTH. RANGE 69 WEST 100 YEAF A.D. 200 BY OF THE 6TH PRINCIPAL MERIDIAN. AND THE FOUND 3" BRASS CAP IN LAND CORNER row- FATE Uav 4- 20ni BOX, P.L.S. X15846, MONUMENTING THE CENTER QUARTER CORNER OF SAID SECTION NO PORTION b' SS Futtra Er 199 AND THE BEARING BETWEEN THEM AS SHOWN. THE FIRM 08 Engineering Consu!# WITNESS MY NAND AND OFFICIAL SEAL THIS BASIS OF BEARING IS TAKEN FROM THE ORIGINAL PLAT OF 44TH INDUSTRIAL MY COMMISSION EXPIRES PARK SUBDIVISION. rl 12741 East Coley A, Englewood, Colorado Tr STJBQ-Vr! .s30N -ICI-EMO AND- CONTACT RECORD CONTACT NUMBER: 5 DATE RECEIVED: 4/05,2001 DATE REVIEWED: 4/19,2001 SUBDIVISION NAME: 44th Indust. Park Sub. Amend. #3 ENGINEER: NAME: Donald J. Gillard, P.L.S. Futura Engineering Inc. ADDRESS: 12741 East Calev Ave., Ste 126 Englewood, CO 80111 PHONE: (303) 649-9292 FAX: (303) 649-9499 CITY REPRESENTATIVE: DAVID F. BROSSMAN, P.L.S. REMARKS: l: All comments have been addressed. 2. 3: 4: 5: 6: 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Donald J. Gillard, P.L.S. REMARKS: The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. A NAIR) \ GENERAL CONTRACTOR INC. 44 Morningside Drive • Lakewood, Colorado 80215 • Phone 303-274-2745 • Fax 303-274-1216 7// LETTER OF TRANSMITTAL TO L /7Lj 'J/d5~ '&6f- DATE 7L ~pO/ . `IS OJ CJ . 2 5' ` lr~-c. PROJECT (F CI[(L' l,~Cf7T ~P ZeJ T(l~r ~zAt 4wg- We are sending you ❑ Shop Drawings ❑ Copy of Letter Attached ❑ Under separate cover via the following: Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ copies date description 6 'o 3 _ of ps'w -/aT THESE ARE TRANSMITTED as checked below: For Approval For Your Use For Review and Comment REMARKS ❑ No Exceptions Taken ❑ Revise and Resubmit ❑ Make Corrections Noted ❑ Resubmittal Not Required ❑ Submit Specified Item ❑ Rejected Copy Tod Signed 44TH INDUSTRIAL PARK SU AMENDMENT #3 CONSOLIDATION PLAT OF LOTS 19 & 20 & A APART OF THE EAST 1/2 OF SECTI TOWNSHIP 3 SOUTH, RANGE 69 WEST OF CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, S ;i.-' GRAPHIC SCAi~E a ~ ~ t~~'i') i inch 50 ft. 1 ..I•.- N 1/4 COR. SfC. 19 • 'I FND. t -1 /2" COPPERWEL.D / ~ f I , ZOh MONUMENT SET IN CONG. • IN RANGE BOX, P.LS. X10104 - , ~ Il / * ~ THE FQREGOING, TELEPHQNE AND ELECTRfC ONES, waRK. PDLES AP1D UNQ~RGROUND TRACT B ~ .v"' CABLES. GAS PIPELINES, WATER PIPELINES, SANITARY SEWER UNES~ STREET LlC~FiTS. CULVERTS, HYDRANTS. DRAINAGE DITCIiES AND DRAINS ENO ALL APPURTENANCES APPROVALS: ~ 1 THERETt3, I7 BEING EXPRESSLY UNDERST~ AND AGREED BY THE UNDERSIGPIE[? P 01 N T OF ~p p~ THAT ALL EXPENSES AND CAST INVOLVED IN C4NSTRUCIING AND INSTALLING SANITARY SEWER SYSTEM WOKS AND LINES, STORM SEWERS AND DRI4tNS~ STREET ~ _ COMMENCEMENT P.S. #22os4 t1 ~ t LIGHTING. GRADING AND LANDSCAPING. CURBS. GUTTERS, STREET PAVEMENT, 0 00 SIDEWALKS AND OTHER SUCH UTILITIES AND SERVICES SHALL BE GUARANTEED AND o 0 i ,w~► PAID FOR BY T}fE ~tB~11ADER Cat ARRANGEMENTS MADE BY THE SUBdIVID'~R Z N FND PAC ~ r'~~ P.l. S. ~22Q94 \ ~ THEREFORE WHICH ~4RE APFRQVED 8Y 1NE CITY 4F WHEAT R4Dt~, AND SIfCH SUMS ~~1 - - - - SHALL NOT BE PAID BY THE CITY OF VI~iEAT RIDGE. C4lt~Af?0, AND THAI' ANY ITEM SO CONSTRi1CTED t~ kNSTAt1.E0 1~MEN ACCEPTED 8Y THE C11Y ~ WHEAT R{DGE. COLORADO. SHALL. BECOME T#iE SOLE PROPERTY OF SAID qTY EXCEPT ITEMS OWNED ~,`~o, P01 N T OF 31' gyp 53,...- BY MUNICIPALLY FRANCHISED UTILITIES AND/OR THE MOUNTAIN STATES TELEPH~IE PLANNING DIREGTC) AND TELEGRAPH COMPANY WHICH HEMS. WHEN CONSTRUCTED t~2 INSTALLED, SHALL ~ BEGINNING N~~,~.23' 1oa°! ` tr p- ~ REMAIN THE PROPERTY OF THE OWNER AND SHAH NQT BECOME THE PROPERTY OF TM~S tS TO CERTIFY THAT T THE CITY. ~3 HAS BEEN APPROVED 8 THE CITY OF WHEAT RIDGE, Ls 131 ~ t~r~ ~/4 cap. ~ ZONED P.I.D. sic. ,s ~0 3• ~ ~ BRASS CAP IN LAND 1 t~1RNER BOX P.LS. X15846 \ LOT 20 SOT 19A 2.05 ac LOT 19 o ~ DoT ~s ~ i. ° PROPERTY LOT UNE t t ~ } ~ AND EASEMENT TO BE a ZOPIED P.I.D. REMOVED BY THIS PLAT ~ z. ° FND Pd~C rJ.V ~ ~ ~ P.LS. X22094 / ~ o 0 ~ ~ 43 PARK, LLC o ~`Z~% i ~,6 ~ u Lr 13301 W. 43RD DRIVE -UNIT 9 FND PdcC ~ / ~ GOLDEN, co. so4o3 CLERK AND REC~RD TEL: 303-274-2745 STATE OF COLORADO P.LS. 22094 # / ~ o 9 c~ ~ Q ' FAX: 303-274-121fi N / CC?UNTY OF ~FFERS4N 1 ~ Q / 6~ / NOTARY: I HEREBY CERTIFY THAT THI .M. a+1 THIS DAY to 4 J / ~ r STATE OF COLORADO AND IS DULY RECt}RDED IN s f Q 100 YEAR FLOOD PLAIN.. r-- w ~ r'''te t~ NO PORTION OF THIS SITE IS WITHIN THE 100 YEAR FLOOD PLAIN AS INDICATED BY "C7 CASE HISTORY THE FIRM 080087 0170 B. DATED AUGUST 5, 1986. Engine~irtg Con i ON C> 1.LA-01- t U wz- & -0 -8 12741 East Case Englewood, Colon a WZ-x-11 ANX-98-03 44TH INDUSTRIAL PARK SU AMENDMENT #3 CONSOLIDATION PLAT OF LOTS 19 & 20 & A APART OF THE EAST 1/2 OF SECTI TOWNSHIP 3 SOUTH, RANGE 69 WEST OF ~UBDIVISICJN GRAPHIC SCALE _ . o ~ ~ (n~ ~r CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, I inch ~ 50 !'t. I~ I,. N 1 /4 COR. SEC. 19 ~ ~ FND. 1-1/2" COPPERWELD ' ~ I~pNU~IQVT SET IN GONG. ZOI IN RANGE BOX, P.LS. X10104 ',_i__- THE FOREGOING. TELEPHONE AND Et,.ECTRIC LINES. WORK. POLES AND UNDERGROUND / TRACT B CABt~S, GAS PiPEUNES, WATER PtPfUNES. SANITARY SE1~fER LINES, STREET LIGHTS, . ~ 3 CULVERTS, HYDRANTS. DRAINAGE DITCHES AND DRAINS AND AlL APPURTENANCES APPROVALS: POINT OF P~ THERETO, IT BEING EXPRESSLY UNDERSTQOD AND AGREED BY THE UNDERSIGNED COMMENCEMENT THAT ALL EXPENSES AND COST INVOLVED IN CONSTRUCTING AND INSTALLING SANITARY SEWER SYSTEM WORKS AND LINES, STORM SEWERS AND DRAINS, STREET P.L.S, ~~2094 LIGHTING, GRADING ANO LANDSCAPING. CURBS, GUTTERS. STREET PAVEMEfVT, 0 0 o ~ SIDEWALKS AND OTHER SUCH UTILITIES AND SERVICES SHALL BE GUARANTEED RND a ~ z ~ `Pc~O FND PdcC - PAID F(~ BY fiHE SUBD1VtF7ER fit RRRANGEM~N7'~ MADE BY THE SUBDIVIC'~~ . F = _ t) THEREFt7RE WHICH ARE APPROVED BY THE CITY OF WHEAT RIDGE, AND SUCH SUMS a,,,_ ~o P.LS. ~?2Q94 \ ~ BEGINNING i.2 ~ 28p~ u'~• SHALL NOT BE PAID BY THE CITY ~ WHEAT RIDGE. COLORADO. AND THAT ANY ITEM r ' its • i I ~ \ ~ ZONED P.I.D. CENTER 1 /4 COR. SEG 19 FND 3' ~ MASS CAP IN LAND CORNER BOX ~ P.LS. X15846 \ LOT 20 LOT 19A 2.05 ac \ L p, LC}T 19 vii ~ \ ;1,Q ~o~s -i ~ ~ LOT 18 ~~~\O~. ~~S c~v LE~yE o PROPERTY LOT UNE ` ~ AND EASEMENT TO BE Tµ ZONED P.I.D. RE1~fOVED BY THIS PLAT or+ \ \ \ FND PdcC P.L.S. #22094 ' ~ .5 i 0 ~o FND PdcC ~ r P.I.S. #22094 / / / C . gr, Q N , ~ , ~ ~ / rn u~ / / ~ J ~ / ~ A W 1 L vv vv. vv. C°~ ~4 ' ~ 8~ 100 YEAR FLOOD PLAIN: NO PORTION OF THIS SITE IS WITHIN THE 100 YEAR FLOOD PLAIN AS INDICATED BY t7 CASE HISTORY THE FIRM 080087 0170 B. DATED AUGUST 5, 1986. Engineering Const UILVI og 12741 East Cate Englewood. Cot"( YVZ-98-11 vt ~ - 9 b " ~ ► J n4 ANX-98-U3 / rODT~I-ION MEMON CONTACT RC~~v CONTACT NUMBER: 4 DATE RECEIVED: 3/09,2001 DATE REVIEWED: 3/13,2001 SUBDIVISION NAME: 44th Indust. Park Subdivision Amend. #3 ENGINEER: NAME: Donald J. Gillard, P.L.S. Futura Engineering Inc. ADDRESS: 12741 East Caley Ave., Ste 126 Englewood, CO 80111 PHONE: (303) 649-9292 FAX: (303) 649-9499 CITY REPRESENTATIVE: DAVID F. BROSSMAN, P.L.S. REMARKS: 1: Include language on plat regarding the lot line and easement to be removed between Lot 19 & Lot 20. 2: Need case history box information corrected. 3: All other comments have been addressed. 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Donald J. Gillard, P.L.S. REMARKS: The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. ~,,.1 /UU 3/~3 f a i 1~ ~°T". GRAPHIC SCALE o 1 inch ~ 60 tk e 44TH INDUSTRIAL PARK SU N 1 /4 COR. SEC. 19 ~ 'I~ FND. 1-1 j2' COPPERWELD ~ "'~_r ZON ~IONU~IENT SET IN CONC. AMENDMENT #3 IN RANGE BOX, P.LS. ~1Q104 i CONSOLIDATION PLAT OF LOTS 19 & 20 & A I i ~ • . wa. .~ir~. V~~~ ~~vi~v~ r~~V1~V VII v r~~ rVV t L.~f~lr ~1!!V ~f 1i.r Vi~{~L1~/'~FJ F 1 l// THE FO#2EGOtNG, TEI.EPH4IVE AND EIECTRiC LINES. V~Rt~, POLES AND UND~RGROUPID TRACT B aIr # • CABLES. GAS PIPELINES. WATEf~ PIPELINES. SANITARY SEWER LINES, STREET LIGHTS. ~r,~.-- s s CULVERTS. HYpRANTS, DRAIN~►GE DITCHES AND DRAINS AN[} ALL APPURTEk~ANCES APPROVALS: . 3 e THERETO, IT 8E1NG ~XPRES~.Y UNpERSTO~Q AND ~►GREED BY THE UNDERSfGNED POINT 0~ ~ , THAT Atl EXPENSES AND COST IN1~p~,VED iN CtNJS~R~JCTtNG AND INSTAW~lG COMMENCEMENT ~~P~ P.LS, ~22Q94 ~ +~p SANITARY SEWER SYSTEM INQ~tKS AND LINES, STORM SEWERS AND DRAINS„ STREET o co .s"'°` V LIGHTING. GRADING AND LANDSCAPING. CURBS GUTTERS. STREET PAiIEMENT, SIDEWALKS ANO OTHER SUCH UTILITIES AND SERVICES SHALL BE GUARANTEED AND R o `n ca W PAtD FOf2 BY THE SUBQ1YfQER (~2 ARRANGE~utENT~ MAC1E 8'1P` THE SUBDIVID~:F~ _ z FWD PdcC o~ P01 N T OF ' ' ~ M ~ rk+'MM - THEREFORE WM~CN ARE APPRaVEE? @Y THE CITY OF WHEAT ~tDGE, ANC? SI~CH SUMS 1 ! ♦ A SHALL NOT 8E PAID BY THE G1TY OF' YIME~T RIDGE. CC~.ORADO. AI~Q THAW ANY ITEM ~ et~~tc'rc~t~r►~rrn ~1D IAICTALJ ~~AJCA~ xr•.~c~rr~ nv ,~~.,r ~,1. ar ~a~u-.-r ~~r,..r BEGINNING 2~~, - - N"I'r5~~23~ t0'a~--' ~ ~ ~ ~.r R- ~3~ _ ~~~R ~~4 ~ ZONED P.1.D. sEC. t 9 FTtD 3" BRASS CAP IN LAND CORNER BOX \ P.LS. X15846 ~ 1 \ LOT 20 / LOT 19A ~ ~ 2.05 ac Y. r \ ~ ~D~ a~ ~ _ \ LOT 19 ~ t ~ LOT 18 J,~u'`' N ~ ~ N N PROPERTY LOT UNE AND EASEMENT TO BE ZONED P.I.D. REMOVED BY THIS PLAT ,h ~ \ FND PdtC ~ P.LS. X22094 / ~1 o ~i Or',6hfi ~ FNQ PdcG ~ / ~ N ~ P.LS. #22094 G ~ ~ i f S, L r ~ ~r~ N / ~ ~ 1 ~ f ~ / k / i ~ / / ~ i v PARK SUBDIVISION c r = f N a gg, 0 0 100 YEAR FLOOD PLAIN. il- V NO PO211CNV OF THIS SITE IS WlTNIN THE 100 YEAR FLOOD PLAIN AS INDICATED BY Fijfira THE FIRM 080087 0170 B, DATED AUGUST 5. 19860 Engineering Consu 12741 East: Coley LA- CASE HISTORY U V UL-01-01 0 0.8. M, 0 W't 98-11 Englewood. Golora AMNX-98-03 ,A11 \ GENERAL CONTRACTOR INC. 44 Morningside Drive • Lakewood, Colorado 80215 • Phone 303-274-2745 • Fax 303-274-1216 LETTER OF TRANSMITTAL TO G'c1~ GcI,~f59~ ~ClJ6~. We are sending you ❑ Shop Drawings ❑ Copy of Letter ❑ No Exceptions Taken ❑ Revise and Resubmit DATE Z -/Z. d/ . PROJECT GAO N rS C C i E 77 t~ VT Attached ❑ Under separate cover via )D- Prints ❑ Plans ❑ Change Order ❑ copies date description j 1227 ut Lo-7- Ccpc~ut/~7gU. 1z-27•oa ,,v wou Lv~ 2Rp o, THESE ARE TRANSMITTED as checked below: XFor Approval For Your Use or Review and Comment //REMARKS ❑ Make Corrections Noted the following: ❑ Samples ❑ Specifications ❑ Resubmiittal Not Required ❑ Submit Specified Item ❑ Rejected Copy To / (C5 Signed U -B . CONTACT NUMBER: 2 DATE RECEIVED: 1/23,2001 DATE REVIEWED: 1/31,2001 SUBDIVISION NAME: 44" industrial Park Subdivision Amend. 2 ENGINEER: NAME: Donald J. Gillard, P.L.S. Futura Engineering Inc. ADDRESS: 12741 East Caley Ave., Ste 126 Englewood, CO 80111 PHONE: (303) 649-9292 FAX: (303) 649-9499 CITY REPRESENTATIVE: DAVID F. BROSSMAN, P.L.S. REMARKS: 1: Increase width of Access Easement from 25 ft to 30 ft (to include the 5 ft drainage and utility easement). 2: Need to either extend said access easement to the north property line, or completely describe courses/distances. 3: Show a case history box. 4: Show all zoning. 5: Show the Right-of-Way width and centerline along W. 43rd Drive 6: 7: 8: 9: 10- 11: 12: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Donald J. Gillard, P.L.S. REMARKS: The above comments are as of the date reviewed and y not reflect all comments from other departments or review agencies.u may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. 44TH INDUSTRIAL PARK SU AMENDMENT #~-3 CONSOLIDATION PLAT OF LO A PART OF THE EAST 1/2 OF SECTI TOWNSHIP 3 SOUTH, RANGE 69 WEST OF T CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, S ',ii,.- GRAPHIC SCALE o ~ ~ ~m F t~~'i') ! inch 50 ft JIB =i' . 1 N 1 /4 COR. SEC. 19 FND. 1-1 /2" COPPERWEI.D ~ ~ MONUMENT SET !hl CONC. IN RANGE BOX, P.I..S. X10104 .•r°"' s~rss a v.a wv..v ..zv wr v..p r. .r.,.......r. s _ ~~yM/~//~1~• TRACT B REPLACEMENT FQR ALL SERVICES, I~VCLl1DING i~TN~I~T t~IM~f~N~ 11-IE GENERALITY QF FoR~coiNC, TELEPHQNE APiD ELECTRIC L9NE D c~~~, ~ ~~vD uNO~:RCROUND APPROVAL: CABLES. GAS P1PEUNES. WATER P~PEUNES, S~~IT~R~ S~:v~f~ ~.i~~s, STR~E~r uGNTS. ~ ~r CULVERTS. HYDRANTS, DRAINAGE DITCHE. a ANC3 ~RA~N ~1,NC3 ALL APPUR7EhJAtJC~S POINT OF FND~ €~~cC u THERETCI, IT BEING EXPRESSLY UNDERSTt~gQ /~[~E~ AGREED ~3Y TFiE UNDERS~GNIE[~ ~ COMMENCEMENT p.L THAT l~Ll. EXPENSES AND COST lNV4LVED 1~i G~N~TRt~~T1i~~ AN[? INSTALLI~J~ p _ 1 SANI1"ARY SEWER SYSTEM WORKS AN[~ L1NE~. s~t~ 4N ~ ~ a ~,hl~ DRAINS, aTREET c~ ~ o~ l.1GH~TING. GRADING AND ~.ANI3S~~PlN~, C:t~F~BS, ~~~l k~~. ~T F~~ PA M~Pr" _ _ SIDEWALKS AND OTHEF~ SUCH U11LI11€~ ANA ~ERVIGES ~F~AL!_ B GUARAhI~'~::E:[~ ,A€~D PAfD FQR BY THE SUBDIVIDER OR ARRANC; RAENT ; MADE BY Tt°~F SU8bIV1~En~ ~~a P.t_.~. 2494 ~~,,,~s ~ r- cif - THEREF(}RE WHICH ARE APPRt}VED BY T}-~E CITY OF 'WN~AT RIDGE, ANA ~ll~.H SUMS C SHAt_t.. NQT BE PAfD BY THE CITY OF WHEAT RIDGE, ~t~L~RA~~, AND 1fNiAT ANY ITEM A SQ CONSTRUCTED OR INSTAtIED V1MEiV ~ACCP TE[~ BY `~N~ ~~~Y t~F ~s1~~AT f~~D~E, (~wta COLORADCI, SHALL BECOME THE SOLE F'RQPERTY ~~i~? l~~~` F~ 1°°6`Ev~S OWNED BY t~UNICtPALLY FRANCHISED UTt~#TIE a ahlp f ~3~ TN~r A~~k t~TA,i~d s ASS T~.I..EPNahJE AND TELEGRAPH CaMPANY 1{~11CN lT~I~~, VV~-#EN Gtr ANC i~ C~F~ IPA aTt~~.~.~yD, SHALL L ~N RFt~1AtN TEIF PR[~PFRTY C)F TNF t'~WNF'R dNt"1 fi~Ai_l_ E~It~T E3E~~M~ T!-~~ ~'~UI~~I~T'Y J~ ~ ' t ~ J f'~'z~ J ! ~ ~ i _ _ CENTER i /4 COR. SEC. 19 Flip 3" ~ ors BRASS CAP its LAND y f~ ~C1RN~R 8~~ P.L.S. ~1~~~4b \ 1 toT 20 - Lf~T 19A gar y LANt~I .s~t _ TMI~ iS TQ ~~R'TIFY THAT T W r s'~ .~~c aa~ ~~~~v A~PR(~VF'17 RY SOT 18 ;~:.s Z o,` ~ I. I i '~°a \ ~ P.~.SFr~22 94 !r t~ J~ 1 I ~2, /X560 t ''4~ P. L. S, ~~1094 ` / ~v ~ ~ ~ /ice F ~ i i I" t:VUIV IT VI` UUIVALL3 J. G{LLAt(U waft* REGISTERED PROFESSIONAL TUIRA f #1 3487 N BEHALF' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ENGINEERING ANC. . A.D. 200_.,,, BY SS 3 WITNESS MY HAND AND OFFICIAL SEAL FvtLra E Engineering Cons COMMISSION EXPIRES 0%. a- 94-S arm 12741 East Gaffey z. - a 8 - t ~ Englewood, Calor NOTARY- -c- 1 44TH INDUSTRIAL PARK SU AMENDMENT #3 J CONSOLIDATION PLAT OF LOTS 19 & 20 & A APART OF THE EAST 1/2 OF SECTI TOWNSHIP 3 SOUTH, RANGE 69 WEST OF CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, S 'i,,, _p _ 3~ =r GRAPHIC SCALE o ~ ~ . i ~ 5o r~ I', s~ • i" N 1 /4 COR. SEC. 19 FND. 1-~/2' COPPERWELD ~ ~10NUMQVT SET tN CQNC. IN RANG BQX, P.L.S. X10104 ~ 'R ~ Fun Prr. _ ~ i ~ .I/' IHt tUKttiVIN(i, It~tt't1UNt AtVU tLtt,:itcic: LmtJ, vrvRn. rv~~~ r~rr~ VtVUGRV~[l!V(`7V TRACT B CABLES, GAS PIPELINES. WATER PIPELINES, SANITARY SEWER LINES, STREET LIGHTS, «.►r CULVERTS, HYDRANTS, DRAlP1AGE DITCHES AND DRAINS AND ALL APPURTENANCES APPROVALS: , . s~ ~ s THERETO, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE UNDERiGNED THAT At_L EXPENSES AND COST {NVOLVED IN CONSTRUCTIPIG AND INSTALLING POINT OF n1 e Y SANITARY SEWER SYSTEM WORKS AND LINES, STORM SEWERS AND DRAINS, STREET ~ COMMENCEMENT p.~s ~CZpg ~ 1 t LIGHTING, GRADING AND LANDSCAPING. CURBS, GUTTERS, STREET PAVEME~~T, 0 00 SIDEWALKS AND OTHER SUCH UTILITIES APID SERVICES SHALL BE GUARAN'~ED AND ~n b° ~ ® ,-Y ~~n cc~ _~v ~F ~~R~~vtf~R ~R 14RRANGEMENTS MADE BY THE SUBDlVIC~~? Ct~ „a► r'~q~~,~ P.LS. #22094 ~ ' r°"`'~ \ ~ ~ o~ P01 N T OF ~ Z82 3-~ gyp 53~ ~ BEGINNING .2~• ~ ~ ` N1~5,~o~ ~r ~ ~ ~ rte.: F , - ~ CENTER 1/4 COR. ~ t~~a~ `D SEC. 19 FND 3" \ \ _ z BRASS CAP IN LANG \ ~~J~1~Rf~4~ CORNER BOX P.LS. ~1584s ~ \ \ SOT 20 SOT 19A , 2.05 ac 1'~~.~ l N~ Y•. v L.~ ~Y y ~~o \ _ .~~5 LOT 19 ' ~ s u' r LOT 18 ~a'~ ~~`O~ a..~ - f zoNE~ Pin x \ FND Pd~C a \ P.L.S. X22094 { / -i ~D PAC ~ / i P,LS. 22094 ~ ~ / . ' ~ / ~a~ / i 4 i , ~ ~T SHALL NOT BE PAID BY 1NE CITY OF WHEAT RIDGE, COLORADO, AND THAT ANY ITEM 100 YEAR FLOOD PLAIN: NO PORTION OF THIS SITE IS WITHIN THE 100 YEAR FLOOD PLAIN AS iNDI~ATED BY r THE FIRM 080087 0170 B. DATED AUGUST 5, 1986. Engineering Con 12741 East Cole, LI.R-off-o1 w-c - a8~ 04 Englewood, Color .p~NX-a~-o3 :4 r. j 44TH INDUSTRIAL PARK SU AMENDMENT CONSOLIDATION PLAT OF LO A PART OF THE EAST 1/2 OF SECTI TOWNSHIP 3 SOUTH, RANGE 69 WEST OF CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, =i,,- GRAPHIC SCALE o ~ ~ { no r ) 1 inch ~ 50 ft. ~ I~ • N 1 /4 COR. SEC. 19 , ~ ~ FND. 1-1/2" C~iFPERWELD MONUMENT SET !N CONS, ~ ~ ~ ~ IN ~2ANGE BMX, P.L.S. .~1tJ104 ~ s'"'~~ „r ~ r' ~ REPLACEMENT FOR ALI. SERVICES, IN~LUDlN~ 1MTH(3UT lJMITING THE G~NE~ALITY e ~t~ ~oRECOf~c, ~~~P~oN~ ~Na ~~.~c~ic t~ir~~so wa~K, Po~.~s ~~D uND~yRC~a~uN~ A~'P~~~L; . a M ♦ W CABLES, GAS PiPELENES, WATER PIPELINES, SANITARY SEVER LINES, sTREE~ L.1~~7~5, POfNT OF f. tl CULVERTS, HYDRANTS, DRAINAGE DITCHES AND DRA(N~ ANC3 ALA AAPU~TE,VANCES ~ C~JMMENCEMENT P.L.S~ X22 94 THERETOs iT BEING EXPRESSLY EJNQER~T~~D ANC AGREED E3~` THE E3N~ER~~iGNED °o P 1NAT ALL EXPE~fSE~ A,ND Ct~ST" Ii~Vt~l,.it~t~ IN C~t~STRU~TIN~G AND INS~ALLIi~d SANITAk~Y ~EW~R SYSTEM HtORKS AND N~lI~ES. T"C?~M SE A AND l~R,~IN~; STREET ~ _ . . ; G o~ ~ ~tVH i 11'4Vs c\T11 l1DiR`F l3 AiY l.,e ~!'~N D~4r P'l~IIWlJr lelJ4l Ld ~a 1V.~'6d 1 # ~R ~a ~ F Ri_.~~ 6` f'4 VLM~~ f~, ~~r ~r ~l Fl~~A3 ~`~iefJ l*i ii"'i~F1 ._'C''st tS..e°~ ca t~a~ ids 7i'.mss ~a c~'~i~ ~i~i~~4 .`'e~~~ 3 Fla a.t ~'a^~ i'`._s".. ~'u _ z `rv~ f NEB PdcC ,.~'C'' `s~ i ~ P01 N T OF ~ BEGINNING r~~~~~~ ` ~ CENTER 1,/4 COR. sE~. ~9 ~tvQ J~ 1 BRASS CAP IN LAND ~ ~ ~ u CORNER BOX ` ~ / n} P.L.S. X15846 s I.OT 20 LOT 19A 2.05 ac -6 ~ l0T 19 t r~' ~ h ` F~VD P&C J ~ P.LS. X22094 ' . ».~1 r FND PdcC j / ~s~o i P.L.S. #22094 ` ,r ~ / i r UOtVAi.tJ .1 (ALLARD 4~ y REGlSTF,IRED PRC3FESSiONL Ham. Y• ~ Sw. 9~' ' .may ffi ~ _..ffi 0.' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ENGINEERING IN(.,-, A.D. 200----s BY SS WITNESS MY HAND AND OFFICIAL SEAL V-tiffura r 0 Ott, Ip~ Lo l.'. Rea, O$ _ _ w't. • X14' - l l SUBDIVISION 44TH INDUSTRIAL PARK SU AMENDMENT#3 AMENDMENT OF LOT 21A W CONSOLIDATION PLAT OF LOTS 19 & 20 & A APART OF THE EAST 1/2 OF SECTI TOWNSHIP 3 SOUTH, RANGE 69 WEST OF T ;TION 19 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, S ',ii,-' GRAPHIC SCALE _ + o ~ ~ n~ mgr ) 1 inch 50 ft. ,r, ~ ~ III ',ice, N 1 /4 C4R. SEC. 19 FND. 1-1/2" COPPERWELD ~ MONUMENT SET IN CONC. 'r IN RANGE BOX, P.L..S, X10104 PU -THE f ()KtVUIN(i. It~tF'HCNVt ANU tLt4: i KIC: LINt~. wUrt~, rU~t~ Anu VIVI~tKIaKVtlNU TRACT B r/" ! ~ R CABLES, GAS PIPELINES, WATER PIPELINES, SANITARY SEWER LINES, STREET LIGHTS, . ~ • .r~'" CULYERTS~ HYDRANTS, DRAINAGE DITCHES AND DRAINS AND ALL APPURTENANCES APPROVALS: .~3 ® THERETO, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE UNDERSIGNED THAT ALL EXPENSES AND COST INVOLVED IN C~VSTRUCTING AND INSTA~UNG POINT OF ~ P~ ! .+s SANfTARY SEWER SYSTEM WORKS AND LINES, STORM SEWERS AND DRAINS, STREET ~ ~ COMMENCEMENT P.S. #x2094 T LIGHTING, GRADING AND L.NNDSCAPfNG, CURBS. GUTTERS, STREET PAVEMENT. 0 00 y O SIDEWALKS AND OTHER SUCH U11~lTIES AND SERVICES SHALL BE GUARANTEED AND O ~ O ~ z N J'c~' FND PdcC \ PAID FOR 8Y 1'f1E SUBDlb~DER f3R ARRANGEMENTS kAAD~ BY-THE SUBDI>!1[~ER _,.1 (1~ TtiEREFQRE WHICH ARE APPROVED BY THE CITY OF WHEAT RIDGE, Ar~O SUCH SUMS F'~o P.LS. X22094 ~ SHALL NOT BE PAID BY THE CITY OF' WHEAT RIDGE. COLORADO, AND THAT ANY ITEM 1~ SO CONSTRUCTED OR INSTALLED WHEN ACCEPTED BY THE CITY OF WHEAL' RIDGE. F~ COIORADO. SHA~~ BECOME THE SOLE PROPERTY OF SAID CITY EXCEPT ITEMS OWNED BY MUNICIPALLY FRANCHISED UTILITIES AND/OR THE MOUNTAIN STATES TELEPHONE PLANNING DIRECTOR ~ BEGINNING , 3• 2a2 ~ AND TELEGRAPH COMPANY WHICH ITEMS, WHEN C~tSTRUCTED OR INSTALLED, SHALL r s~ REMAIN THE PROPERTY OF THE OWNER AND SHALT NOT BECOME THE PROPERTY OF THIS IS TO CERTIFY THAT T THE CITY. #3 HAS BEEN APPROVED B ruc riTV nc wu~eT R~nrF ~ i 13~ i i ~ 3 ~ ~ CENTER 1 /4 COR. ~ Z~I~D p W- sEC. 19 FND 3" \ ~ ND -u IAL BRASS CAP IN LAND ~ ~ ` ~ OWNERS NAME ~ ADDRESS: CORNER BOX P.I.S. X115846 43 PARK, LLC \ LOT 20 13301 w. 43RD DRIVE -UNIT 9 CLERK AND RECORD GOLDEN, CO. 80403 LOT 19A 2.05 ac TEL; 303-274-2745 STATE OF COLORADO ~ ' FAX: 303-274-1216 COUNTY OF JEFFERSON ) \ SOT 19 ~c~ ~ NOTARY: I HEREBY CERTIFY THAT THI .M. ON THIS DAY LOT 18 ~ o \ \F ~ STATE OF COLORADO AND IS DULY RECORDED IN ~ COUNTY OF ZONED P!~} i k- _ - ~ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF PUD- T . A.D. 200 BY iN TRIAL i FND PdcC ~ . SS P.LS. X22094 ,i' / ~ '1 ~ WITNESS MY HAND AND OFFICIAL SEAL ' MY COMMISSION EXPIRES ,ti~i: ~1~~~~ SURVEYOR'S CERTIF I, DONALD J. GI~LARD, A U OF COLORADO. DO HEREBY FND PdcC ~ / ~ _ P.L.S. X22094 / ~ ASSUMED BASIS OF BEARING: SURVEYED UNDER MY DIRE REPRESENTATION THEREOF. d THE ASSUMED BASIS O~ BEARING OF N00'08~43"W IS DEFINED BY THE FOUND 1-1/2" COPPERWELD MONUMENT SET IN CONCRETE RANGE BOX, P.L.S. #10104, M4NUMENTiNG ` i / THE NORTH QUARTER CORNER OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST REGISTERED PROFESSIONAL OF THE 6TH PRINCIPAL MERIDIAN. AND THE FOUND 3" BRASS CAP iN LAND CORNER ENGINEERING INC. Rnx p i ~ ss~ unw I~FN'nNG THE C~NTFR Ol1ARTER CORNER OF SAID SECTION CRs~ E} 1 S"~oR~l 100 YEAR FLOOD PLAIN: r DATE. December 27. 2000 LiA- o~-o\ NO PORTION OF THIS SITE IS WITHIN THE 104 YEAR FLOC PLAIN AS INDICATED BY FWura THE FIRM 080087 0170 B. DATED AUGUST 5, 1986. Engineering Cons 12741 East Coley pNx - 4t - os Englewood, Color( \ GENERAL CONTRACTOR INC. 44 Morningside Drive • Lakewood, Colorado 80215 • Phone 303-274-2745 • Fax 303-274-1216 LETTER OF TRANSMITTAL TO [ ~~t/~G (/✓j~~ f 4d'a"c DATE / 1-2,0(, ~~'L Zv,~I PROJECT Lam! ~~l9t7 & l/Li`- ~C s9u>fl~c 3-r We are sending you F~ Attached ❑ Under separate cover via the following: ❑ Shop Drawings ❑ Copy of Letter ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ copies date description aj~ Ciri 40YV7W - ~741-121ZD 2.12-lsa 6 YHAJfwf f W ~~f2o THESE ARE TRANSMITTED as checked below: or Approval El No Exceptions Taken Y,or or Your Use ❑ Revise and Resubmit Review and Comment ❑ Make Corrections Noted rare,n "n ❑ Resubmiittal Not Required ❑ Submit Specified Item ❑ Rejected C4OR'~'~o LAND USE CASE PROCESSING APPLICATION Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 ORP~o (Please print or type all information) 13341 W..~ P ~ Phone Z7` '-z7y- .}.RNFU~(~gt,°~Yc~J~ Applicant ter. Address ~ City Ct ( State C)u4-~ Zip ~*3 Fax Z74 - 1 ?-I (P Owner43 PA?4' LLC Jtl)7 03 Address 3JY6 S. w(i . -~E 3613 Phone 7~8~ 310S City b&JUA State 4I&?. Zip X237 Fax 7SY-31ZJ3 Contact ROO 6-`. it-(,O j Address 13sa 1 GJ; ~ i✓~fl/c Phone Z7~-Z7K City ( ~/jc s State Cu. Zip P540 Fax 2 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when neccessai y, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): Ld7S /9-i ZO - ~~--L' x'YYll/~ l Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Conditional Use Permit ❑ Subdivision: Minor (5 lots or less) ❑ Consolidation Plat ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Preliminary ❑ Final ❑ Interpretation of Code ❑ Street Vacation ® Lot Line Adjustment ❑ Temporary Use, Building, Sign ❑ Nonconforming Use Change ❑ Variance / Waiver (from Section ) ❑ Planned Building Group ❑ Zoning Ordinance Amendment ❑ Site Development Plan approval ❑ Other: _ Detailed description of the request: c~ilt~ol(L)?i67AC1 Required information: L<r IF oz u~.Aees Assessors Parcel Number: Size of Lot (acres or square footage. Current Zoning: Z164T -:DWC`WA " Proposed Zoning: Current use: VACMAr7 L+* Proposed use: O?'~hcb 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 know e and consent of those persons listed above, without whose consent the requested action cannot lawfully be accom~ITShed. pplicants other than owners must submit power-of-attorney from the owner which a of this ac " /his behalf. Signatuir t~ gySOy Subscribed and sworn to me this LA day of 20D- U U J N~• Notary Public AVBL\~+.• PLO M - h My commission expires Date receive ~~Expiresp2 Fee Receipt No.~ ~-5- Case No. 'LLA - d f-Dl Comp Plan Desig. Zoning LD Quarter Section Map Y Related Case No. Pre-App Mtg Date Case Manager S j LAND USE CASE PROCESSING APPLICATION 3Planning and Development Department 750 4 0 West 29th Avenue, Wheat Ridge, CO 80033 / 0R~vl Phone (303) 235-2846 eoto~AOO (Please print or type all information) Applicant JA0! O6. A c 6V- Address 125'61 IJ 41& 4,f_ W-1 Phone(ZVJ Z75Z7K City C-ew Q State co, Zip R0 `(®3 Fax Qo3) Z71J--/21K ~ X 7 LL (f Owner Address 35-`O S ! RAP -~Z 3eJ3 Phone 7ff3/05 n City CA) 011Z State ed. Zip 9'67-37 Fax '741- 3Z-5J Contact VO 64H8ce6 Address d33rJ/ W 439 *KPP,-g Phone 27 27ya City &i665At State CU. Zip S-O503 Fax 2754-/Z/6 (The person listed as contact will be contacted to answer questions retarding this application, provide additional information when neccessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) 43 Location of request (address): "00 4,• Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditio ns ❑ Special Use Permit ❑ Conditional Use Permit ❑ Subdivision: Minor (5 lots or less) ❑ Consolidation Plat ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Preliminary ❑ Final ❑ Interpretation of Code ❑ Street Vacation X Lot Line Adjustment ❑ Temporary Use, Building, Sign ❑ Nonconforming Use Change ❑ Variance / Waiver (from Section ❑ Planned Building Group ❑ Zoning Ordinance Amendment ❑ Site Development Plan approval ❑ O t her: D etailed description of the request: / _ ~~~~~>D 497ry+J Cep S 1.N /OSp~/ /~K Required information: oz tJ Assessors Parcel Number: Size of Lot (acres or square footage)r -26 ` )'O .ACS$ Current Zoning 16Hr ~TwQSxet-ly- -afr7eZ Proposed Zoning: Current use: 444,0 - 4~4W. Proposed use: p{{re.t 101WV'Etz . 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 th e knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be acco mplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this a io n his eh PA/ Signature of Applicant ubscribed and sworn to me this day of 20 Notary Public My commission expires _ Date received Fee $ Receipt No. Case No. Comp Plan Desig. Zoning Quarter Section Map Related Case No. Pre-App Mtg Date Case Manager Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: LLA0101 Quarter Section Map No.: SE19 anardGeneral Contractor Related Cases: Case History: Consolidate lots 19 & 20 of 3 Park.LLC th Industrial Park 13301 W. 43rd Dr. Review Body: Golden, CO 80403 303-274-2745 APN: 3540 S. Poplar St., 303 2nd Review Body: Denver, CO 80403 2nd Review Date: 03-758-3105 Decision-making Body: 13401-651 Approval/Denial Date: est 43rd Drive heat Ridge, CO 80033 Reso/Ordinance No.: Conditions of Approval: District: IV ustin _ dive Date Received: 112/2001 Pre-App Date: M_ OE WNEgT City of Wheat Ridge ~o Planning and Development Department m Memorandum ~~~oRA~~ TO: FROM: SUBJECT: DATE: Reid Gamberg, Janard General Contractor, Inc. Mary Austin, Planner Consolidation Plat for Lots 19, 20, and 21A in 44`h Industrial Park February 6, 2000 A review has been completed for the Consolidation Plat of lots 19 and 20 and the amendment of lot 21A of the 44`h Avenue Industrial Park Subdivision. The following corrections, as well as those on the enclosed red-lined plat document, need to be made to the plat document. 1. The plat should be titled Amendment #3 and include language stating that it is also an amendment to Lot 21A. All references in the plat document should refer to amendment #3. 2. The plat does not require Planning Commission approval. The Planning Commission Certificate should be titled Planning Director's Certificate and should refer to amendment 93. 3. Signature lines for US West Communications and Public Service Company should be removed. 4. On the vicinity map the site should be outlined and represented with a solid fill. 5. The notary and the owners name and address need to follow the signature line for the owner. 6. A note needs to be added to the drawing indicating that the lot line and easements between lots 19 and 20 are being vacated by this plat. Please let me know if clarification is needed regarding any of these items. 43 PARK, LLC 3540 S. POPLAR STREET, SUITE 303 DENVER, COLORADO 80237 TELEPHONE: (303) 758-3105 FAX: (303) 758-3253 December 12, 2000 Doug Williams 5300 N. Broadway, Denver, Colorado 80216 Ed Sleeman 3557 Wazee Street Denver, CO. 80216 Reid Gamberg 13301 W. 43d Drive, Unit 9 Golden, Co. 80403 Dear Joint Venture Partners: Enclosed is an executed copy of Operating Agreement and Deeds for 43 Park, LLC for your files, which have been executed by all partners. The Original Deeds will be sent to Land Title for recording. If you have any questions, please call Jacquie Taylor at (303) 758-3105. Regards, Jacquie Taylor Administrator OPERATING AGREEMENT OF 43 PARK LLC THIS OPERATING AGREEMENT is entered into effective as of December 6, 2000 (the "Effective Date'), by and among the initial members of 43 PARK LLC, a Colorado limited liability company (the "Company"). 1. Definitions. Unless otherwise indicated, the capitalized terms listed below shall have the meanings stated. (a) "Accounting Method" shall mean either the cash receipts and disbursements method of accounting or the accrual method of accounting (whichever the Managers shall determine is better suited to the business of the Company), consistently utilized from year to year in accordance with generally accepted accounting principles. (b) "Act" shall mean the Colorado Limited Liability Company Act, C.R.S. § 7-80-101 et sea.' as amended previously or in the future. (c) "Agreement" shall mean this Operating Agreement and any amendments hereto. (d) "Additional Member" shall mean any person or entity who is or which is admitted to the Company as an additional Member pursuant to C.R.S. § 7-80-701. (e) "Capital Account" shall mean the account maintained with respect to a particular Member as adjusted to any given date pursuant to the provisions of section 11 below. (f) "Capital Contributions" shall mean any contribution to the capital of the Company in cash or property by a Member, whenever made. (g) "Code and Regulations" shall mean the Internal Revenue Code of 1986, as amended, or corresponding provisions of any (g) "Code and Regulations" shall mean the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent superseding federal revenue laws, and any proposed, temporary, and/or final federal income tax regulation promulgated by the United States Department of the Treasury as heretofore and hereafter amended from time to time or any corresponding provisions of any superseding revenue regulation). (h) "Contributing Members" shall mean Douglas Williams and Edward Sleeman. . (i) "Distributable Cash" shall mean all cash, revenues and funds received by the Company from operations, less the sum of the following to the extent paid or set aside by the Company: (i) all principal and interest payments on indebtedness of the Company and all other sums paid to lenders; (ii) all cash expenditures incurred incident to the normal operation of the Company business; (iii) Reserves; and (iv) such amounts as may be required to satisfy conditions imposed by lenders or other creditors. (j) "Fiscal Year" shall mean the Company's fiscal year, which shall be the calendar year. (k) "Manager" shall mean each of the initial Managers of the Company and any person who may subsequently become Manager of the Company in accordance with this Agreement. The initial Managers are Thomas M. Duffy and Reid Gamberg. p) "Members" shall mean the initial members of the company and any persons who may subsequently become Additional members or substitute members of the Company in accordance with this Agreement. The initial Members are Thomas M. Duffy, whose address is 3540 S. Poplar Street, Suite 303, Denver, Colorado 80237; Reid Gamberg, whose address is 13301 W. 43rd Drive, Unit 9, Golden, Colorado 80403; Douglas Williams, whose. address is 13394 Braun Road, Golden, CO 80401-1645; and Edward Sleeman, whose address is 3557 Wazee St., Denver, CO 80216. (m) "Membership Interest" shall mean the proportionate interests of the respective Members in the Company. Each of the initial Members has a 25% Membership Interest, which shall be reduced proportionately upon admission of any Additional Members or adjusted to reflect any additional contributions to the capital of the Company made by any Member pursuant to subparagraph 11(b) below. (n) "Net Profits" shall mean, for each Fiscal Year, the income and gains of the Company determined in accordance with the Accounting Method and as reported, separately or in the aggregate, as appropriate, on the Company's information tax return filed for federal income tax purposes, plus any income described in section 705(a)(1)(B) of the Code. (o) "Net Losses" shall mean, for each Fiscal Year, the losses and deductions of the Company determined in accordance with the Accounting Method and as reported, separately or in the aggregate, as appropriate, on the Company's information tax return filed for federal income tax purposes, plus any expenditures described in section 705(a)(2)(B) of the Code. (p) "Preferred Return" shall mean simple interest calculated at the rate of 8% per annum on the balance from time to time of the Capital Accounts of the respective Contributing Members, representing the value of the real property contributed to the Company at the time of such Contributing Member's admission to the Company. For financial and income tax reporting purposes, neither accrual nor payment of the Preferred Return shall be treated teed payment within the meaning of Section 707(c) of the Code. (q) "Reserves" shall mean, with respect to any fiscal period, funds set aside or amounts allocated during such period to reserves which shall be maintained in amounts deemed necessary and sufficient by the Members for working capital and to pay taxes, insurance, debt service or other costs or expenses incident to the ownership of the Property (as defined in paragraph 3 below) or operation of the Company business. (r) "Substitute Member" shall mean any person or entity who is or which is admitted to the Company as a substitute Member pursuant to C.R.S. § 7-80-702(2). 3. Business of Company. The business of the Company shall be to acquire, own, develop, lease, sell and otherwise deal with certain real property located in Wheat Ridge, Colorado, commonly known as 13401 and 13351 W. 43rd Drive and more particularly described as Lots 19 and 20, 44TH INDUSTRIAL PARK, A PLANNED INDUSTRIAL DEVELOPMENT, County of Jefferson, State of Colorado (the "Property"), including the construction of a new building on the Property (the "Improvements"). The Company may also engage in any other lawful business authorized by the Act, with the consent of all the Members. 4. Term. The Company shall be formed by the filing of Articles of Organization with the Colorado Secretary of State. The duration of existence of the Company shall be perpetual, unless earlier dissolved in accordance with the provisions either of this Agreement or the Act. 5. Offices and Agent. The principal place of business and registered office of the Company in Colorado shall be 3540 S. Poplar Street, Suite 303, Denver, Colorado 80237, and the name of its registered agent at such address is Thomas M. Duffy. The Company may locate its principal place of business and registered office at any other place designated by the Members from time to time. 6. Duties of Managers. Except as expressly provided`n this Agreement, the business and affairs of the Company shall be conducted by the managers, who shall take such actions affecting or relating to the business and affairs of the Company as may be in accordance with this Agreement. Each Manager shall use reasonable efforts to carry out the business of the Company and shall devote such time as is necessary, in the Manager's reasonable discretion, for the efficient operation of the Company's business. It is the intention of the Members that Manager Gamberg shall have primary responsibility for all construction matters relating to the Property, and that Manager Duffy shall have primary responsibility for leasing, management and marketing of the Property. Any Manager may resign by giving written notice to the Company and each Member. A replacement Manager shall be elected by affirmative vote of Members holding at least 51% of the Membership Interests. 7. Powers of Managers. The acts of any Manager shall bind the Members and the Company when such acts are within the scope of the Manager's authority. Without limiting the generality of the foregoing, but subject to joint action by the Managers on some matters as set forth in paragraph 8 below and to approval by the Members of the actions described in paragraph 9 below, any Manager, on behalf of the Company, shall have the right, power, and authority to: (a) comply with any and all applicable laws, statutes, codes, ordinances, orders, rules, regulations, and requirements of any and all federal, state, and local governmental authorities applicable to the Property or the business of the Company; (b) contract on behalf, and in the name, of the Company for all supplies, equipment, repairs, improvements, and services for any necessary or convenient purpose related to the business of the Company; (c) select, employ, supervise, coordinate, and discharge any such personnel and consultants who may be necessary or appropriate to carry out the business of the Company; (d) arrange for and coordinate the issuance of all required governmental consents, approvals, entitlements and the like for the business of the Company; (e) collect and receive all funds for the benefit of the Company, and make disbursements from Company funds to pay for all amounts due and payable as operating expenses of the Company; (f) enforce and comply with the terms and conditions of all contracts, leases, and other agreements to which the Company is from time to time a named party or which from time to time affect the business of the Company; (g) procure and maintain on behalf of the Company, from Company funds, policies of insurance for the protection of the Company, the Members, the Property and/or the conservation of the other assets of the Company providing such insurance coverage as the Manager, in his reasonable discretion, shall deem necessary or advisable under the circumstances; and (i) perform any and all other services and/or functions of a general and/or administrative nature required under the provisions of this Agreement or otherwise necessary or desirable in connection with the business of the Company. 8. Acts Reauirin Joint Action By Managers. Notwithstanding anything to the contrary contained herein, all loan documents and any contract for supplies, equipment, improvements or services which obligates the Company to pay more than $2,500 must be signed by (or authorized by written consent of) both Managers. 9. Acts Regnir9na Member Consent. Notwithstanding anything to the contrary contained herein, the Managers shall not have the authority, right, power or privilege to do or undertake any of the following on behalf of the Company without the consent of all Members: (a) amendment of this Agreement; (b) performance of any act in contravention of this Agreement; (c) possession of property of the Company other than for Company purposes; (d) causing or permitting the Company to engage in any business or activity which is not necessary or incidental to the acquisition, ownership, development and sale of the Property; (e) sale, exchange, conveyance or other disposition of any asset of the Company other than in the ordinary course of business; (f) procurement of any third-party financing by the Company, whether secured or unsecured, in excess of $10,000; or (g) dissolution or winding up of the Company, except as provided in paragraph 17 below. 10. General Provisions Regarding Members and Mana ers. (a) Although it is the express intent of the Members that there shall not be any required (or regularly scheduled) meetings of the Members, meetings may be called upon the written request of any Manager or any Member upon at least ten (10) days' prior written notice for the purpose of discussing and/ or voting on any matter. Any such meetings shall be held during normal business hours at the principal office of the Company in Colorado on such day and at such time as are reasonably convenient for the Members. Members may participate by telephone or video if they cannot be present in person. Any action decided upon at any such meeting shall be confirmed in writing signed by the Members approving such action; subject in each case, however, to the provisions of this Agreement dictating the proportion of Membership Interests which is necessary for approval. (b) No Member or Manager shall be liable or accountable in damages or otherwise to the Company or to the other Members or Manager for any error of judgment or any mistake of fact or law or for anything that such Member or Manager may do or refrain from doing hereafter except in the case of willful misconduct or negligence. To the fullest extent permitted by law, the Company does hereby indemnify and agree to hold each Member and Manager wholly harmless from and against any loss, expense or damage suffered by such Member or Manager by reason of anything which such Member or Manager may do or refrain from doing hereafter for and on behalf of the Company and in furtherance of its interest; provided, however, the Company shall not be required to indemnify any Member or Manager from any loss, expense or damage which such Member or Manager may suffer as a result of such Member's or Manager's willful misconduct or gross negligence in performing or in failing to perform such Member's or Manager's duties hereunder. To the extent that, at law or in equity, a Member or Manager has duties (including fiduciary duties) and liabilities relating to the Company or to any other Member or Manager, such Member or Manager acting under this Agreement shall not be liable to the Company or to any other Member or Manager for their good faith reliance upon the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties (including fiduciary duties) and liabilities of a Member or Manager otherwise existing at law or in equity, are agreed by the Members to replace such duties (including fiduciary duties) and liabilities of such Member or Manager. (c) Unless the affirmative vote of a different proportion of Members for a particular action is required or permitted by the Act or this Agreement, the affirmative vote of Members holding Membership Interests totaling at least 75% of the Company at the time of the vote shall be sufficient to approve any proposed action by the Company. Each Member shall have voting rights relative to his, her or its Membership Interest. (d) Unless otherwise agreed to by all the Members, neither the Managers nor any Member shall be entitled to receive any remuneration for services rendered to the Company except for reasonable out-of-pocket expenses incurred by such Member or Manager on behalf of the Company in connection with the business and affairs of the Company, including, without limitation, formation costs. (e) Each Member's liability shall be limited as set forth in the Act and other applicable law. Without limiting the generality of the foregoing, no Member shall be personally liable for any debts or losses of the Company beyond his, her or its respective Capital Contribution, except as otherwise provided herein or by applicable law. 11. Member's Capital Contributions and Capital Accounts. (a) Upon execution of this Agreement by all the Members, each of the initial Members shall contribute $I D _ ndo the capital of the Company to pay miscellaneous initial costs of the Company :business. Each of the Contributing Members shall convey to the Company, free and clear of all liens, the portion of the Property which is owned by such Contributing Member. In addition, Contributing Member Sleeman agrees to provide to the Company, at cost, all drywall materials required in connection with construction of the Improvements, Contributing Member Williams agrees to provide to the Company, at cost, all drywall installation services required in connection with construction of the Improvements, Member Gamberg agrees to provide to the Company, at cost, all contracting services required in connection with construction of the Improvements, and Member Duffy agrees to provide to the Company, at no cost, all services required for the leasing, management and marketing of the Property. (b) Additional Capital Contributions may only be required of the Members at such times, and in such amounts, as the Members unanimously agree. In the event that a Member does not make any Capital Contribution which is required hereunder (or to which such Member has agreed) within ten days after the date payment is due, any other Member may, upon written notice to (or with the written consent of) the other Members, make such contribution as a "Member Loan" accruing interest at the rate of 8% per annum or as an additional Capital Contribution, at the election of the contributing Member. (c) Distributions shall be made at such times as may be determined by the Manager (provided, however, that no distribution shall be declared or paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company other than obligations to Members on account of their Capital Contributions). All Distributable Cash shall be paid as follows: first, to repay any Member Loans including interest to the date of payment; second, to the Contributing Members until the Contributing Members have received their Preferred Return and return of their initial Capital Contributions; third, to the Members to the extent necessary to reduce their respective Capital Accounts to zero; and thereafter, to the Members in proportion to their respective Membership Interests. Distribution of Company assets in kind shall be permitted, but only with the unanimous written consent of all Members. Subject to the foregoing, profits and losses shall be allocated among the Members according to their respective Membership Interests, adjusted to reflect any additional contributions to the capital of the Company made by each Member. (d) A separate Capital Account will be maintained for each Member. Each Member's Capital Account will be increased by (i) the amount of money contributed by such Member to the Company, (ii) the fair market value of property contributed by such Member to the Company (net of liabilities secured by or associated with such contributed property that the Company is considered to assume or take subject to under section 752 of the Code), and (iii) the amount of Net Profits allocated to such Member. Each Member's Capital Account will be decreased by (i) the amount of money distributed to such Member by the Company, (ii) the fair market value of property distributed to such Member by the Company (net of liabilities secured by or associated with such distributed property that the Company is considered to assume or take subject to under section 752 of the Code), and (iii) the amount of Net Losses allocated to such Member. The manner in which Capital Accounts are to be maintained pursuant to this paragraph 11 is intended to comply with the requirements of Code section 704(b) and the Treasury Regulations promulgated thereunder. (e) The Capital Accounts of the Members shall be maintained in accordance with all applicable provisions of the Code and Regulations. (f) In the event of a permitted sale or exchange of a Membership Interest in the Company, the Capital Account of the transferor shall become the Capital Account of the transferee to the extent it relates to the transferred Membership Interest. (g) Except as expressly provided herein, no member shall be entitled to interest on any Capital Contribution or, except to the extent contemplated by the provisions of the Act regarding distribution of assets upon dissolution, to return of his Capital Contribution. 12. Company E Renses. The Members agree that every cost and expense incurred in connection with the Company business may be paid from Company funds. To the extent possible, all costs and expenses of the Company shall be paid from the proceeds of interim or permanent financing or from Company operating revenues. The Contributing Members agree to guarantee construction financing for the Improvements, if required by the lender. Members Gamberg and Duffy shall, upon request by the Contributing Members, execute promissory notes payable to the Company, in form and substance reasonably satisfactory to the Contributing Members, in amounts equal to their proportionate shares of (b) Any Member wishing to transfer his or her Membership Interest in the Company or any rights to receive or share in profits, losses, income or distributions other than creation of a joint, common or community interest in any Membership Interest (the "Offered Interest) shall so notify the Managers in writing, including the name and address of the proposed transferee, a description of the consideration to be paid by the transferee, if any, and the proposed effective date of such transfer (a "Notice of Sale"). (c) Any other Member shall have the right (exercised severally with any other Member who elects to exercise the right), within 30 days after the Managers' receipt of any Notice of Sale, to purchase the Offered Interest for the same price and terms (and on the proposed effective date) set forth in the Notice of Sale. (d) Except where an existing Member exercises the rights set forth in subparagraph (c) above, transfer of any Membership Interest (including transfer by will or intestate succession but excluding inter vivos transfers to a relative of the transferring member by blood or marriage, to a trust for the benefit of such a relative or to an entity affiliated with the existing Member, so long as the existing Member retains effective control of the Membership Interest) shall require the approval of Members holding Membership Interests totaling more than 75% of the Company at the time approval is requested (including the Membership Interest of the Member proposing the transfer). If the proposed transfer is not so approved, the proposed purchaser, transferee or assignee of the Membership Interest shall have no right to participate in the management of the business or affairs of the Company or to become a Member; the purchaser, transferee or assignee shall be entitled only to receive a share of profits or other compensation by way of income and the return of contributions to which the purchaser, transferee or assignee would otherwise be entitled. (e) Each Member hereby agrees to consent to continuation of the business of the Company even though the consent of all Members to a proposed transfer is not obtained. 15. Agreement to Buy or Sell. the construction financing. 13. Company Records; Tax Returns; Reports. (a) At the expense of the Company, the Members shall maintain all records and books of account required by the Act. The Company's books shall be kept, and its financial statements shall be prepared, consistently with the Accounting Method. Any Member shall have the right to review the Company's books and records at any time upon reasonable notice during regular business hours (b) The Manager shall cause the preparation and timely filing of all tax returns required to be filed by the Company. Thomas M. Duffy is hereby designated the "tax matters representative" pursuant to the Code and Regulations for purposes of federal income taxation of the Company. Copies of such returns, or pertinent information therefrom, shall be furnished to the Members within a reasonable time after the end of the Company's fiscal year. For Colorado tax purposes, the Manager shall file with the Colorado Department of Revenue, together with the Company's annual Colorado return, an agreement of each nonresident Member to file a proper Colorado income tax return and to make a timely payment of all Colorado taxes imposed with respect to such Member's share of the Company income, as required by C.R.S. § 39- 22-601(4.5). All elections permitted to be made by the Company under federal or state laws shall be made by the Manager. 14. Withdrawal; Transfer of Membership. (a) A Member may withdraw from the Company at any time by written notice to the other Members designating the effective date of such withdrawal. A withdrawing Member shall be entitled to return of his initial Capital Contribution upon sale of the Property [but only to the extent that Distributable Cash is available after repayment of all outstanding Member Loans, payment to the Contributing Members (other than the withdrawing Member, if that Member is a Contributing Member) of their Preferred Return and return of the Capital Contributions of all Members other than the withdrawing Member], but shall not be entitled to any other distributions from the Company of any kind. (a) In the event that the Members are consistently unable to agree upon major matters relating to the business of the Company, any Member shall have the right to present to the other Members (the "Responding Members") written notice (a "Buy-Sell Notice") that the Member presenting such notice (the "Initiating Member") wishes to either sell his Membership Interest to one or more of the Responding Members or to purchase the Membership Interests of all the Responding Members. (b) Promptly after presentation of any Buy-Sell Notice, the Members shall endeavor in good faith to determine by mutual agreement the fair market value of the Company as of the date of presentation of the Buy-Sell Notice ("Company Value"). If the Members do not agree upon Company Value within 30 days after presentation of the Buy-Sell Notice, Company Value shall be determined by the Company accountant (or, if any Member objects in writing to use of the Company accountant for this purpose, then by an independent certified public accountant acceptable to all the Members). All reasonable fees and disbursements of the accountant utilized to determine Company Value shall be paid by the Company. (c) The Members shall be advised promptly in writing of the determination of Company Value in accordance with subparagraph (b) above. Within the period ending 20 days after such written notice (the Consideration Period"), any Responding Member may notify the Initiating Member in writing that he or she elects to purchase the Membership Interest of the Initiating Member for an amount equal to the product obtained by multiplying Company Value by the Membership Interest of the Initiating Member. If no Responding Member so elects in writing within the Consideration Period to purchase the Membership Interest of the Initiating Member, the Responding Members shall be deemed to have agreed to sell their Membership Interests in the Company to the Initiating Member for an amount equal to Company Value multiplied by the Membership Interest of the respective Responding Members. (d) Closing of any sale of a Membership Interest arising from a Buy-Sell Notice shall take place at a location mutually acceptable to the Members not later than 60 days after the end of the Consideration Period, for cash unless the selling Member elects in its sole discretion to accept other terms of payment. If there are two or more Responding Members electing to acquire the Membership Interest of an initiating Member, such Membership Interest shall be allocated proportionately to the respective Membership Interests of such Responding Members. 16. Right to Redeem Membership Interests. (a) The Members may, by written notice delivered to the personal representative or other legal representative of any Member who has died or suffered a disability, elect to cause the Company to redeem the Membership Interest of such Member for an amount equal to the net value of such Membership Interest as of the date of death or the onset of such disability (the "Interest Value'). Any such notice of election shall be delivered within ninety (90) days after death or the onset of such long-term disability. The Interest Value shall be determined by the Company accountant (or, if any Member objects in writing to use of the Company accountant for this purpose, then by an independent certified public accountant acceptable to all the Members) in writing delivered to the Members, and the personal representative or other legal representative of the deceased or disabled Member, within sixty (60) days after delivery of such notice of election. All reasonable fees and disbursements of the accountant utilized to determine the Interest Value shall be paid by the Company. (b) Redemption of such Membership Interest by the Company, if so elected, shall take place not later than sixty (60) days after determination of the Interest Value, for cash unless the personal representative or other legal representative of the deceased or disabled Member elects in its sole discretion to accept other terms of payment proposed by the Company. (c) For purposes of this Agreement, "disability" shall mean physical or mental inability to exercise the rights and discharge the obligations of a Member hereunder for a period which is expected by informed physicians to continue indefinitely. (d) Nothing in this Agreement shall be construed to permit the personal representative, heir, devisee, spouse or other successor of a deceased Member to become a Substitute Member or to exercise any rights of a Member unless and until transfer of the Membership Interest of the deceased Member is approved by the other Members in accordance with section 14 above. 17. Dissolution• Liquidation. The Company shall be dissolved upon the occurrence of any of the events of dissolution stipulated in the Act; provided, however, that each Member hereby agrees that the existence of the Company shall continue if the remaining Members, within 90 days after the death, disability, retirement, resignation, bankruptcy or other event which terminates the continued membership of a Member in the Company under the Act (a Withdrawal Event"), consent in writing to the continuation of the business of the Company. In the event of dissolution of the Company, the assets of the Company shall be liquidated and distributed to the Members in accordance with the Act, after the obligations of the Company are paid or provided for in accordance with the Act. Upon any liquidation of a Members Interest or the liquidation of the Company, (i) any distributions to the Members shall be in proportion to, and to the extent of, the balance of each such Member's Capital Account (after taking into account all Capital Account adjustments for the taxable year of such liquidation), and (ii) such Member (or, if the Company is being liquidated, each Member) shall be obligated to restore any negative balance standing in the Member's Capital Account to the Company, except as offset by qualified income to the extent permitted by the Code and Regulations. 18. Remedies. In the event that any Member fails or refuses to perform any obligation under this Agreement within ten (10) days after receipt of written notice from the Managers to do so, the Company and the other Members shall have all rights available at law or in equity in the State of Colorado, including without limitation the right to an action for injunction or specific performance. In the event of any such action, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting Member or the Member(s) not prevailing in such dispute, as the case may be, shall pay for any and all costs and expenses incurred by the prevailing Member(s) in enforcing or establishing any rights hereunder, including court costs and reasonable attorney fees. 19. Investment Representations. Each Member agrees as follows with respect to investment representations: (a) Each Member understands: (1) that the interests in the Company evidenced by this Agreement have not been registered under the Securities Act of 1933,15 U.S.C. § 15b et §f q., the Delaware Securities Act, the Colorado Securities Act or any other state securities laws (collectively, the "Securities Acts") because the Company is issuing Interests in the Company in reliance upon the exemptions from the registrations requirements of the Securities Acts providing for issuance of securities not involving a public offering; (2) that the Company has relied upon the representation made by each Member that such Member's Interest in the Company is to be held by such Member for investment; and (3) that exemption from registration under the Securities Acts would not be available if any Interest in the Company was acquired by a Member with a view to distribution. Each Member agrees that the Company is under no obligation to register the Interests in the Company or to assist the Members in complying with any exemption from registration under the Securities Acts if such Member should at a later date wish to dispose of such Member's Interest in the Company. (b) Accordingly, each Member hereby represents to the Company that such Member is acquiring such Member's Interest in the Company for such Member's own account, for investment and not with a view, or for resale in connection with, any distribution thereof. No other person or entity has any interest in or right with respect to the Interest issued to such Member, nor has such Member agreed to give any person or entity any such interest or right in the future. (c) Each Member recognizes that no public market exists with respect to the Interests and no representation has been made that such a public market will exist at a future date. (d) Each Member hereby represents that such Member has not received any advertisement or general solicitation with respect to the sale of the Interests. (e) Each Member acknowledges that such Member has a preexisting personal or business relationship with the Company or its officers, directors, or principal Interest holders, or, by reason of such Member's business or financial experience or the business or financial experience of such Member's financial advisors (who are not affiliated with the Company), could be reasonably assumed to have the capacity to protect such Member's own interest in connection with the acquisition of the Interests. Each Member further acknowledges that such Member is familiar with the financial condition and prospects of the Company's business, and has discussed with the Company the current activities of the Company. Each Member believes that the Interests are securities of the kind such Member wishes to purchase and hold for investment, and that the nature and amount of the Interests are consistent with such Member's investment program. (f) Before acquiring any Interest in the Company, each Member has investigated the Company and its business and the company has made available to each Member all information necessary for the Member to make an informed decision to acquire an Interest in the Company. Each Member considers itself to be a person or entity possessing experience and sophistication as an investor adequate for the evaluation of the merits and risks of the Member's investment in the Company. (g) Each Member understands the meaning and consequences of the representations, warranties and covenants made by such Member set forth herein and that the Company has relied upon such representations, warranties and covenants. Each Member hereby indemnifies, defends, protects and holds wholly free and harmless the Company from and against any and all losses, damages, expenses or liabilities arising out of the breach and/or inaccuracy of any such representation, warranty and/or covenant. All representations, warranties and covenants contained herein and the indemnification contained in this subparagraph shall survive the execution of this Agreement, the formation of the Company, and the liquidation of the Company. (h) In the event the Company discovers any breach and/or inaccuracy of any of the representations, warranties and/or covenants contained herein by any Member, the Company may, at the Company's election, rescind the issuance of the Interest in the Company issued to such Member. Upon any such rescission by the Company, any such Member shall be conclusively presumed to have immediately transferred such Member's Interest in the Company to the Company and to have withdrawn from the Company. h1 the event of any such rescission, any capital contributions of such Member may, at the election of the Company, be retained and applied in satisfaction of the indemnity described in subparagraph (g) above. 20. Miscellaneous Provisions. (a) Any notice, demand or communication required or permitted to be given hereunder shall be deemed sufficiently given for all purposes if delivered personally to the party (or an executive officer of the party) to whom it is directed, if delivered by any nationally recognized overnight courier service, or if sent by certified mail, postage prepaid, addressed to the intended recipient at the address shown in the Company's records. Any such notice shall be deemed given when personally delivered, or if mailed, on the third business day after it is deposited in the United States mail. The addresses of the initial Members are shown in subparagraph 1 (k) above. Any Member may change his, her or its address for receipt of communications under this Agreement from time to time by written notice to the other Members as provided herein. (b) This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. (c) References in the singular number herein shall include the plural, and masculine pronouns shall include the feminine and neuter genders, wherever appropriate to the context of the reference. and shall have no effect on the construction or application of the text to which they refer. (e) The failure of any party to seek redress for violation of, or to insist on strict performance of, any covenant or condition contained herein shall not be deemed a waiver of the right to do so thereafter. (f) The rights and remedies provided by this Agreement are cumulative with all other rights granted hereby and with all other rights any party may have at law or in equity. (g) If any provision of this Agreement, or the application thereof to any person or circumstance, shall be determined to be invalid, illegal or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to other persons or in other circumstances, shall be unaffected. (h) Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted herein, their respective heirs, legal representatives, successors and assigns. In no event shall the provisions of this Agreement be for the benefit of, or enforceable by, any creditors of the Company (i) This Agreement may be executed in person or by facsimile and in multiple originals or counterparts, each of which will be deemed an original but which together shall constitute one instrument. IN WITNESS WHEREOF, the undersigned have signed this Agreement as of the date set forth above. Thomas M. Duffy QUIT CLAIM DEED DELORES ANN MONROE and EDWARD SLEEMAN, whose address is 3557 Wazee Street, Denver, CO 80216, for good and valuable consideration, in hand paid, hereby sell and quit claim to EDWARD SLEEMAN, whose address is 3557 Wazee Street, Denver, CO 80216, the vacant real property commonly known as 13351 W. 43`a Drive, Wheat Ridge, CO 80401-1645, and more particularly described as Lot 20, 44TH INDUSTRIAL PARK, A PLANNED INDUSTRIAL DEVELOPMENT, County of Jefferson, State of Colorado, with all its appurtenances. ,TED the ?M Delores Ann of /)P&,om 6e p- .2000. STATE OF COLORADO ) "o V CA E.$%" CITY AND COUNTY OF DENVER I The foregoing instrument was acknowle re me the day of 1,-jo m -r, 2000, by Delores Ann Monroe and Edward Sleeman. Witness my hand and official seal. My commission expires. [SEAL] Notary Public SPECIAL WARRANTY DEED DOUGLAS WILLIAMS ("Grantor'), whose address is 13394 Braun Road, Golden, CO 80401-1645, for good and valuable consideration, in hand paid, hereby sells and conveys to 43 PARK LLC, a Colorado limited liability company, whose address is 3540 S. Poplar St., Suite 303, Denver, CO 80237, the vacant real property commonly known as 13401 W. 43rd Drive, Wheat Ridge, CO 80401-1645, and more particularly described as Lot 19,44' INDUSTRIAL PARK, A PLANNED INDUSTRIAL DEVELOPMENT, County of Jefferson, State of Colorado, with all its appurtenances, and warrants the title against all persons claiming under Grantor, subject to real property taxes not yet due and payable and to easements, covenants, conditions, reservations, rights-of-way and other matters of record, if any. 2000. STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me the day of pcem kc . 2000, by Douglas Williams. Witness my hand and official seal. expires: 03I~>" /D$-/ QQ j0 T, [S E A L] SPECIAL WARRANTY DEED EDWARD SLEEMAN ("Grantor"), whose address is 3557 Wazee Street, Denver, CO 80216, for good and valuable consideration, in hand paid, hereby sells and conveys to 43 PARK LLC, a Colorado limited liability company, whose address is 3540 S. Poplar St., Suite 303, Denver, CO 80237, the vacant real property commonly known as 13351 W. 43rd Drive, Wheat Ridge, CO 80401-1645, and more particularly described as Lot 20,4d' INDUSTRIAL PARK, A PLANNED INDUSTRIAL DEVELOPMENT, County of Jefferson, State of Colorado, with all its appurtenances, and warrants the title against all persons claiming under Grantor, subject to real property taxes not yet due and payable and to easements, covenants, conditions, reservations, rights-of-way and other matters of record, if any. DATED the day STATE OF COLORADO CITY AND COUNTY OF DENVER 2000. The foregoing instrument was acknowledged before me the day of Qum fh) 2000, by Edward Sleeman. Witness my hand and official seal. commission expires: A 9T'.'OUBL%. .'QO, 00 oF'co~o~ ~S E A L ~~ssinnExoiresp2 R W 1~/ No y Public