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HomeMy WebLinkAbout7051 W. 38th AvenueINIIIIIIIIIIIIIIHIIIIIIIIIIIIIIII R 80600 2005121029 1113012005 01:28:30 PM 7 Pagels) RGR Jefferson bnly Colorado PARIONG AGREEMENT JOINT USEICOLLECTIVE PAIUMG WHEREAS, the Wheat Ridge Grange Number 155, a Colorado non -profit corporation and 6� Wheatndge Grange Building Association, Inc., (collectively referred to herein as "Grange ") is the owner of a parcel of real property located at 3850 High Court, Wheat Ridge, Colorado, which is 1 more fully described in Exhibit A attached hereto; and / WHEREAS, EREL LLC ("EREL") is the owner of adjacent parcels ofreal property located at 3830 High Court, 7063 -7095 West 38 Avenue, and 7051 West 38 Avenue, Wheat Ridge, Colorado, which are more fully described in Exhibit B attached hereto; and WHEREAS, NEREL Corporation, dlbla Wheat Ridge Cyclery, Inc. (" NEREL") is the lessee of the property described in Exhibit "B ", and is deficient in the total number of required parking spaces as required by the section 26- 501(F) ofthe Wheat Ridge Code of Laws for the building which EREL, LLC proposes to construct upon the aforesaid adjacent parcels; and WHEREAS, the Grange has sufficient parking spaces available for use by the owners and Lessee of said property described in Exhibit B without detriment to the owners of said property described in Exhibit A; and WHEREAS, the City of Wheat Ridge Code of Laws, Section 26- 501(C)4 provides for3OINT USE PARKING in lieu of required spaces upon proof of a property drawn legal instrument executed by the parties concerned for thejoint use of off - street parking facilities, and, WHEREAS, the Grange, EREL and NEREL have drawn a plan which illustrates the location and extent of the proposed joint/collective parking facilities for the uses which do or will occupy the parcels of real property described in Exhibits A and B attached, a copy of said plan which is attached hereto as Exhibit C; and WHEREAS, the owners and lessee of the parcels of real property desire to enter into a Parking Agreement. NOW, THEREFORE, the parties agree as follows: Because it is required by the City of Wheat Ridge to satisfy parking space requirements for the proposed development by EREL, the Grange agrees to permit both NEREL and EREL, as well as their officers, employees, guests, customers and invitees access to and non - exclusive use of up to 23 parking spaces on the real 0 ti property described in Exhibit A. The specific location and extent of such 23 spaces are described in Exhibit C. 2. EREL agrees to pay for construction, reconstruction , maintenance, and /or striping of such parking spaces as may be required, including snow removal and posted parking signs. '�L— 3. The use of such parking spaces may be further limited by an appropriate Reciprocal Easement Agreement between the Grange and EREL which does not violate the terms of this Puking Agreement. The provisions of this Agreement shall operate as a covenant running with both parcels of land above described and shall bind both parties hereto as well as their respective heirs, successors, representatives and assigns. This Agreement shall not be revised, amended or - otherwise changed without the written consent of the City of Wheat Ridge. This Agreement and any revisions, amendments, or changes hereto shall be recorded with the Jefferson County Clerk and Recorder and shall constitute a deed restriction running with the land. This Agreement is executed this CO day of Sr , 2005 WHEAT RIDGE GRANGE NUMBER 155, a Colorado non -profit corporation and WHEATRIDGE GRANGE BUILDING ASSOCIATION, INC. EREL, LLLLC, a Colorado limited liability company Eugene Vefel, Manager NEREL Corporati d/b /a Wheat Ridge Cyclery, Inc. By. Ronald A. Kiefel, Vice President L /.7- MI O EREL, LLLLC, a Colorado limited liability company Eugene Vefel, Manager NEREL Corporati d/b /a Wheat Ridge Cyclery, Inc. By. Ronald A. Kiefel, Vice President L /.7- CITY O F WHEAT / / �// RIDGE By: Zo STATE OF COLORADO ) ) SS: COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this�day of 2005 by 2i1. I ffIc �P My commission expires: / 0 No ary Public U STATE OF COLORADO ) ) SS: COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before s:ar. U , 208, by NA ,.I (\ 5.. V z?j" er WITNESS my hand and official seal. My commission expires: JENNIFER EMMERICH NOTARY PUBLIC STATE OF COLORADO My Com;Wpr Fx�;ros 2/62008 STATE OF COLORADO ) SS: COUNTY OF JEFFERSON ) The foregoing inst Ent was a o edged before me this day of 206. by QLII �' WITNESS my hand and official seal. My commission Notary Public STATE OF COLORADO ) ) SS: COUNTY OF JEFFERSON ) [ The foregoing inst ent a , a owledged before me this '/' day of 211$, by s [,j� / WITNESS my hand and D official seal. - ^r c;•..,,. My commission expires: �� `rz= `r °'y"E: ?; otary Public „3, �:'•a s: ;::'�..; iv, 4lk EXHIBIT A Lot Two (2), Craig Subdivision. County of Jefferson, State of Colorado S s/a Exhibit B 1. 7063 -7095 West 38 Avenue: The South 163 feet of Lot 1, CRAIG SUBDIVISION, COUNTY OF JEFFERSON STATE OF COLORADO and- ,. 3830 High Court: PARCEL 1: LOT 1, EXCEPT THE SOUTH 163 FEET THEREOF, AND THE SOUTH 6 FEET OF LOT 2, CRAIG SUBDIVISION, COUNTY OF JEFFERSON. STATE OF COLORADO PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS PURPOSES GRANTED TO EDWARD W. D. HUFFMAN AND CARLITA S. HUFFMAN BY WHEAT RIDGE GRANGE BUILDING ASSOCIATION, INC., A COLORADO CORPORATION, IN INSTRUMENT RECORDED SEPTEMBER 28, 1963 IN BOOK 1647 AT PAGE 532 OVER THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 6 FEET OF THE SOUTH 12 FEET OF LOT 2, CRAIG SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. and- 3. 7051 West 38 Avenue: That Portion of the North 178.3 feet of the South 330 feet of the West 363 feet of the Southwest one - quarter of the Southeast one - quarter of the Southeast one - quarter of Section 23, Township 3 South, Range 69 West of The 6 P. M., lyin east of the East line of Lots 1 and 2, Craig Subdivision, Jefferson County, Mate of Colorado a 6� � Exhibit "C" I —75' vo- -30�- 10' ........................ F.,. ;:.. .... ...... ..:...... The Grange Servke Center A. New VnreHOUSe New Retell ;_� Eaetmg Retel 30tH Ave O -7/4- 7500 WEST 29th AVENUE DEPARTMENT OF COMMUNITY DEVELOPMENT g91d64538 237-6944 EXT. 255 P.O. BOX 638 BUILDING INSPECTION DIVISION PERMIT N0. CITY OF WHEAT RIDGE, COLO. THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND THE MAYOR - CALL 24 HOURS PRIOR TO INSPECTION BUSINESS NAME 11// COPY OF DEED AND IMPROVEMENT ACCOMPANY THIS APPLICATION - ADDRESS 7 OE lA f~ V LINE w J SPECIFY NORTH STREET NAME 4-e - I? r / ~f'~C (CIRCLE FRONT) N E S W SHOW DISTANCES FROM THE MAIN BUILDING TO ADJOINING HOUSES, STREETS, AND PROPERTY LINES ON ABOVE SKETCH; SHOW LEAST DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE. LEGAL DESCRIPTION OWNERS NAM~Oj_ CONTRACTOR999 LIC. N0. METES AND BOUNDS DESCRIIP(TOON ATTACHED ADDRESS PHONE 3 7-G y~' 3 ADDRESS 1-/ CITY ZIP CODE LOT 40 BLOCK NO. LOT WIDTH ^7 DEPTH AREA SUBDIVISION V<~ FILING INDICATE THOSE OF THE FOLLOWING OFF-SITE IMPROVEMENTS NOW EXISTING: Curb BGutter_Street Paving-Water_Sewer-Storm Drainage- HAVE ARRANGEMENTS BEEN MADE TO PROVIDE FOR THOSE NOT NOW EXISTING: YES-NO- ARE THERE ANY SPECIAL ASSESSMENTS AGAINST THIS PROPERTY: YES_NO_ enrolee I IMITC ( / REMARKS: EXTERIOR e V 14 0 N V OWNER/ CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT PERMIT FEE Z~~ ctC I hereby certify that the above setback distances shown on this permit application are accurate, and do not violate ments or restrictions of re- t Rid USE TAX ge or covenan s, ease applicable ordinances, rules or regulations of the City of Wheat cord; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all TOTA conditions printed on this application, and drat I assume full responsibility for compliance with the Wheat Ridge NOT NLESS FQLI Building Code (U.B.CJ and all other applic le Wheat Ridge o dinanCos, for work under this permit. y DATE 6 _ ~6 ,tr y (OWNER)(CONTRACTOR) SIGNED B LDING DEPARTMENT USE ONLY+ SO. FT. COST THE PROPERTY IS PRE SE LY ZONED BASEMENT-ROUGH THE PROPOSED US ) (_IS NOT) ALLOWED UNDER THE ZO ING ORDIl~4NCE. BASEMENT-FINISHED COMMENTS L AA-11^ /-,dg 7 9W GROUND FLOOR SECOND FLOOR 2' AI b ! 1° GARAGE - - t OTHER Lovc ~ gy • OTHER BUILDING COST $ ELECTRICAL PERMIT PLUMBING PERMIT MECHANICAL PERMIT STATE N0. CITY N0. STATE N0. CITY NO. CITY N0. PLANS REVIEWED (-OK) (_NOT OK) PLANS REVIEWED (-OK)(-NOT OK) PLANS REVIEWED(-OK)(-NOT OK) NO PLANS NEEDED NO PLANS NEEDED NO PLANS NEEDED PLANS NEEDED PRIOR TO ISSUANCE OF PLANS NEEDED PRIOR TO ISSUANCE OF PLANS NEEDED PRIOR TO ISSUANCE OF ELECTRICAL PERMIT PLUMBING PERMIT MECHANICAL PERMIT PERMIT ISSUED TO PERMIT ISSUED TO PERMIT ISSUED TO PER REQUEST AS PER PLANS NO PER REQUEST AS PER PLANS NO. PER REQUEST AS PER PLANS NO. AS APPROVED AND ON FILE IN MY OFFICE AS APPROVED AND ON FILE IN MY OFFICE AS APPROVED AND ON FILE IN MY OFFICE DO NOT ISSUE PERMIT UNTIL CLEARED BY DO NOT ISSUE PERMIT UNTIL CLEARED BY DO NOT ISSUE PERMIT UNTIL CLEARED BY CHIEF BUILDING INSPECTOR CHIEF BUILDING INSPECTOR CHIEF BUILDING INSPECTOR DATE CLEARED BY DATE CLEARED BY DATE CLEARED BY CHIEF BUILDING INSPECTOR CHIEF BUILDING INSPECTOR CHIEF BUILDING INSPECTOR BY BY BY DATE DATE DATE REMARKS: CONDITIONS: (1) THIS PERMIT WAS ISSUED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN YOUR APPLICATION AND IS SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND TO THE ZONING REGULATIONS AND BUILDING CODE OF WHEAT RIDGE, COLORADO OR ANY OTHER APPLICABLE ORDINANCES OF THE CITY. (2) THIS PERMIT SHALL EXPIRE IF (A) THE WORK AUTHORIZED IS NOT COMMENCED WITHIN SIXTY(GO)DAYS FROM ISSUE DATE OR (B) THE BUILDING AUTHORIZED IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS, (3) IF THIS PERMIT EXPIRES, A NEW PERMIT MAY BE ACQUIRED FOR A FEE OF ONE-HALF THE AMOUNT NORMALLY REQUIRED, PROVIDED NO CHANGES HAVE BEEN OR WILL BE MADE IN THE ORIGINAL PLANS AND SPECIFICATIONS AND ANY SUSPENSION OR ABANDONMENT HA OT EXCEEDED ONE (U YEAR. IF CHANGES ARE MADE OR IF SUSPENSION OR ABANDONMENT EXCEEDS ONE(1)YEAR, FULL FEES SHALL PAID FOR A NEW PER IT. (4) NO WORK OF ANY MANNER SHALL BE DONE THAT WILL OBSTRUCT THE NAT AL FLOW OF WATER C US GA AGE PROBLEM. (5) CONTRACTOR SHALL NOTIFY THE BUILDING INSPECTOR TWENTY-FOUR(24 OURS IN ADVANCE FO A I10 AND SHALL RECEIVE WRITTEN APPROVAL ON INSPECT 6YARRD,BEFORE PROCEEDING WITH SUCCESSIVE PHASES OF JOB. CHIEF BUILDING INSPECTOR FOR MAYOR ---.0 1 i sy-~ 7oS1 __t~/f; MA_ r INSPECTION TICKET JOB ADDRESS 7OSWV3(P-v-t(,X,) ,69i DATE: BLDG. PERMIT# `7<S-5& PERMIT# BLDG. CONTR. SUBCONTRACTOR DATE INSP. REQ./ TYPE OF INSP. CIL INSPECTION MADE REMARKS W.R. FORM 679 SWISSCRAFT BUILDING & FLOOR COVERING 2905 Kendall Street Lakewood, Colorado 80214 7cs/ AutVia' Cu,fstom budJin9 and c~amodF11nq ,AoJEtn 9(iEcAem and E/1atfiTooms Jo2miea - f: E2aln-lc - Linoleum i y'` y~ yf ~f,• I1 "X to I s y i3 A P P R 0 D I Signe... Plan Check -1 __i _I 7 /-6 INSPECTION TICKET JOB 'I C) 5~ fin) 3 ADDRESS DATE: ZO BLDG. PERMIT# C PERMIIT# BLDG. CONTR. )151 c ~ ( l-) N SUBCONTRACTOR I DATE INSP. REQ. lo ~\~1~, 1~l TT V 1 I TYPE OF INSP h . - 1w\ INSPECTION MADE lnry REMARKS (1('~ (1 N INSPECTION TICKET JOB ~J ADDRESS ~39r DATE: !~`a G BLDG. PERMIT# PERMIT# BLDG. CONTR. SUBCONTRACTOR DATE INSP. REQ. 6 TYPE OF INSP. '(4-/ 1~~J/i--~"~' INSPECTION MADE REMARKS 0-111 J /l/a 5lce- L ( W.R. FORM 6-19 INSPECTION TICKET JOB ADDRESS /rJ~SI Imo(/ 39 DATE: Y-46 BLDG. PERMIT# c PERMIT# BLDG. CONTR. SUBCONTRACTOR DATE INSP. REQ. TYPE OF INSP. i cz INSPECTION MADE D J REMARKS INSPECTION TICKET JOB 7051` ADDRESS DATE: VO ' BLDG. PERMIT# ~5 fPER/M' IT# BLDG. CONTR. ! t6,scrci SUBCONTRACTOR DATE INSP. REQ. o'K-I TYPE OF INSP. INSPECTION MADE ' / ' REMARKS Gi rV ltl 2.31l(i42, W.R. FORM 6-19