HomeMy WebLinkAboutWA-08-10-City of
Wheatl~:idge
v
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 4900 Marshall
Street, referenced as Case No. WA-08-10/City of Wheat Ridge; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified adjacent property
owners pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a six (6) foot setback variance for structures
abutting a public street; reduced from thirty (30) to twenty-four (24) feet (Case No. WA-08-10/City
of Wheat Ridge) is granted for the property described located at 4900 Marshall Street to construct
an approximately 180 square foot restroom structure, as described, based on the following findings
of fact:
1. There are limited alternatives for placement of the structure due to the location of
physical conditions existing on the property.
2. There will be no negative impact to the public welfare or other properties in the area.
3. The request would not substantially increase the congestion in public streets, increase
the danger of fire, or endanger the public safety.
4. There are unique conditions related to the shape and topography of the lot that render a
hardship on the property.
5. The alleged difficulty or hardship has not been created by any person presently having
an interest in the property.
6. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
7. There have been no protests submitted during the ten-day public notification period.
enneth Jo s one, AICP
Community D velopment Director
ate
ti W
TO:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Case File
CASE MANAGER: Jeff Hirt
CASE NO. & NAME: WA-08-10/Parks Department DATE: September 29, 2008
ACTION REQUESTED: Approval of a 6 foot setback variance from the required 30 foot setback adjacent to a
public street for a restroom structure to serve Creekside Park on property zoned
Residential Two (R-2) and Commercial One (C-1) at 4900 Marshall Street.
LOCATION OF REQUEST: 4900 Marshall
APPLICANT (S): City of Wheat Ridge, Parks and Recreation Department
OWNER (S): City of Wheat Ridge
APPROXIMATE AREA: 264,671 square feet (6 acres)
PRESENT ZONING: Residential Two (R-2), Commercial One (C-1)
PRESENT LAND USE: City Park
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS O DIGITAL PRESENTATION
(X) ZONING ORDINANCE
O SUBDIVISION REGULATIONS
Location Man
JURISDICTION:
All notification and posting requirements have been met; therefore, an administrative decision may be made on
this request.
1. REQUEST
The applicant is requesting approval of a 6 foot variance to the 30 foot required setback for structures adjacent
to a public street, resulting in a 24 foot setback (Exhibrt"l, Stile Plan). The purpose of the variance is to allow
the construction of an approximately 180 square foot restroom facility to serve the Creekside Park.
II. CASE ANALYSIS
The City of Wheat Ridge Parks and Recreation Department is requesting this variance as the property owner of
4900 Marshall, where the Creekside Park is located W"%12' 1-tter.ofReq iest). The subject property has
two zoning classifications - Residential Two (R-2) and Commercial One (C-1). The location of the restroom
facility is on the R-2 portion of the lot. Parks are a permitted use in both the R-2 and C-1 zone districts.
Creekside Park encompasses two properties with a total of 597,164 square feet (13.7 acres). The size of the
property where the restroom facility is proposed to be located is 264,671 square feet (6 acres). The subject
property has street frontages on both Marshall Street to the west and 48th Avenue to the south. The southern
property line (48"' Avenue) is the location of the proposed setback variance. Per Section 26-209 of the Code of
Laws, all structures abutting a public street must be setback at least 30 feet from the right-of-way in the R-2
zone district.
The subject property presents several obstacles for placement of any structure. These obstacles include two
street frontages, a substantial portion of the property in the 100 year floodplain, and a utility easement that
results in a very small buildable area of the property (EzHibiC Prgpeity'Map). Further discussion of the site
characteristics is provided below.
Floodplain
The majority of both properties that encompass Creekside Park are within the 100 year floodplain, with a
significant portion in the Floodway District (See Exhibit 3). Per Section 26-805 of the Code of Laws, no
structures are allowed in the Floodway District. Per Section 26-806, a restroom facility may be allowed in the
Flood Storage District with approval of a Class II Special Exception Floodplain Permit that would require a
public hearing before the Board of Adjustment.
Utility Easement
There is a utility easement in between the two playing fields for a storm sewer line. The exact location of this
easement was not found as part of this variance application. In consultation with the Public Works Department
however, it is reasonable to assume that the proposed structure is outside of this easement. Based on
discussions with Public Works and the information in the City's mapping system, the 78" line runs from the
south side of 48th Avenue and continues north running between the playing fields. Typically, a maximum of a
50 foot wide easement would be associated with such a pipe. Measuring 25 feet from the centerline of the
manhole for this pipe (information the city does have accurately) puts the proposed structure out of this
easement. It does however create additional restriction as to the buildable area of this property.
Other factors to consider include the applicability of the Architectural and Site Design Manual, the implications
of the structure related to parking, and the topography of the property as it relates to the visual impact of the
structure on adjacent properties.
2
Architectural and Site Design Manual
All new buildings except for single and two family homes are subject to the Architectural and Site Design
Manual. The elevations submitted show compliance to the extent practical for a ISO square foot restroom
facility ( hil it 1✓lIvati'10. The exterior of the building includes a mix of river rock, stucco, and split faced
CMU.
Parking
The Code of Laws does not specify parking requirements for park uses (number of parking spaces required).
The park currently has approximately 100 parking spaces. With the proposed structure, 3 parking spaces would
be eliminated. The Parks and Recreation Department has concluded eliminating these 3 parking spaces will not
be problematic.
Topography
The location of the proposed restroom facility sits approximately 6 feet below the street and adjacent properties
(L hrbit_5, Topograph aYMap~;EA' bh% Photo). The height of the proposed structure (per Exhibit 7,
Elevations) at the peak of the roof is approximately 12 feet. Therefore staff concludes the visual impact of the
structure being 6 feet closer to the street than allowed by code would be minimal.
Alternative Placement
There are other small areas where the structure may be allowed under current regulations, but they may not
present practical alternatives for the functionality of the restroom facility. Placing the structure to the east and
south (south of the parking lot) of the proposed location while meeting the 30 foot setback requirement may
result in a facility not as visible and accessible to users of the park.
All other development standards have been met with this request.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows that the Director of
Community Development (Director) may grant administrative variances from the strict application of the
zoning district development standards. Administrative variances are allowed for up to 50% of the development
standard. All other development standards have been met.
VARIANCE CRITERIA
In order to authorize an administrative variance, the Director must determine that the majority of the "criteria
for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided their
analysis of the applications compliance with the variance criteria (Exhibit 2). Staff provides the following
review and analysis of the variance criteria.
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in which it is
located.
If the request were denied, the property may still yield a reasonable return in use. Currently, portable
restroom facilities are the only such facility for users of the park. The proposed restroom facility,
however, will be a more attractive facility, provide handicapped accessibility, running water, and a
sanitary sewer connection. Staff finds however that this criterion has not been met.
2. The variance would not alter the essential character of the locality.
The variance would not alter the essential character of the locality. The park is an existing use and the
restroom facility would be consistent with the use. Additionally, the location of the proposed structure
is surrounded by commercial and industrial uses to the south, west, and east, and the Clear Creek
greenbelt to the north. Staff finds that this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application, which
would not be possible without the variance.
The applicant is proposing a substantial investment in the property. While perhaps not as practical and
convenient to users of the park, the facility could be located on another part of the lot and meet the
setback requirements, stay out of the floodplain as well as the utility easement. The restroom facility
will provide an attractive, functional structure to serve the park and an improvement over the current
portable restroom facilities. Staff finds this criterion has not been met.
4. The particular physical surrounding, shape or topographical condition of the specific property
involved results in a particular and unique hardship (upon the owner) as distinguished from a
mere inconvenience if the strict letter of the regulations were carried out.
There are unique conditions related to shape and topography that render a hardship on the property. The
topography of the property results in the majority being within the 100 year floodplain. This limits the
buildable area of the property in combination with the required setbacks and utility easement. Staff
finds that this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an interest
in the property.
The applicant has not created their own hardship by requesting the variance. The floodplain boundaries,
setbacks, and utility easements are not the result of any action by the applicant. Staff finds that this
criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located, by, among other
things, substantially or permanently impairing the appropriate use or development of adjacent
property, impairing the adequate supply of light and air to adjacent property, substantially
increasing the congestion in public streets or increasing the danger of fire or endangering the
public safety, or substantially diminishing or impairing property values within the neighborhood.
The request would not be detrimental to public welfare and would not be injurious to neighboring
property or improvements. It would not hinder or impair the development of the adjacent property. The
adequate supply of air and light would not be compromised as a result of this request. The request
would not increase the congestion in the streets, nor would it increase the danger of fire. The request
will most likely not have an effect on property values in the neighborhood. Staff finds that this criterion
has been met.
4
The unusual circumstances or conditions necessitating the variance request are present in the
neighborhood and are not unique to the property.
Some of the conditions pertaining to this property are not unique to this specific property. The
floodplain boundary encompassing much of the lot is not out of character with surrounding properties
near the Clear Creek greenbelt. Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a person with disabilities.
The granting of the variance would result in the accommodation of a person with disabilities. The
current portable restrooms do not accommodate persons with disabilities, while the proposed structure
will be compliant with the Americans with Disabilities Act (ADA). Staff finds that this criterion has
been met.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual,
Any new building, other than single and two family dwellings are subject to the Architectural and Site
Design Manual. Staff finds that the building does comply with the ASDM to the extent practical for a
180 square foot restroom facility. Staff finds this criterion has been met.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff recommends approval
of the variance request. Staff has found that there are unique circumstances attributed to this request that would
warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons:
1. There are limited alternatives for placement of the structure due to the location of physical
conditions existing on the property.
2. There will be no negative impact to the public welfare or other properties in the area.
3. The request would not substantially increase the congestion in public streets, increase the danger of
fire, or endanger the public safety.
4. There are unique conditions related to the shape and topography of the lot that render a hardship on
the property.
5. The alleged difficulty or hardship has not been created by any person presently having an interest in
the property.
6. Granting of the variance would result in a reasonable accommodation of a person with disabilities.
7. There have been no protests submitted during the ten-day public notification period.
1
N
EXHIBIT 2: LETTER
PARKS AND Ktt:!U~
-A] ION
City cfWbVRidpe Pa&&, FbTes -kOpeuSpace P1sF1WI-4=~Avc. WL2atPAae.Crj M03--3005 P:=Q'0 77-550+ F.30.467-5901
September 15. 1 )09
Mr. Jeff Hirt, Planner
City of WTheat Ridge:
Community lllei elopmept Department
7500 % ess 2pah Aveuue
Ireth-eat Ridge, C 0 £4035 3
?ear Jeff-
Tans letter is in response to the variance criteria in section 26-115-r for the proposed C:reekside
Park restroom facility at 4-91DO -Marshall Street. Respomses are as follows;
a. it order for the property to reach its full potential and function as a public park to tweet the
needs of the users, a samrary sever restro•atn stnictitre is needed. The Parks and Recreation
Department cannot identif-y any other site on the propcuy to locate the restroom due to the
restrictions of the flocdplain and utility easements. WWhout this variance the Parks and
Recreation D-partrnent does not have full use of the park site to pro ide the needed
amenities to users. Therefore, it is not feasible to adhere to the setback re fltirements acrd
3uccessfiilly cotrstnict a restrooni facility fo_ park users.
b_ The property at 4900 Marhall Street is a City Park including two {2) softbalYbaseball
fields and a football field which are predominately used for youth =ports. The addition of
the proposed restmom structure is intended to be an amenity for all park patrons while
having a negligible impact on the overall appearance of the part;. The re;trooan is a small
structure, approximately 11 feet by 19 feet. it is designed to be user friendly and located
without dhnving undue attention or adversely impacting adlacew induustr al businesses.
c The ini e- tment in this project is appro hhhately $225;000 and will do a great deal to
enhance the property by providing a permanent structure as opposed to portable restrooms.
Without this variance the cavner will not be able to provide this service. to residents
d ie. The locarions available for the placement 01'a restroom structu a in this property are very
limited- On' ginal attempts to place he restroom smiruue in ,-arious areas have been
abandoned becauise, of conflict; with two Q) zoning district boundaries, tloodplain
restrrctons, changing floodplain boundaries, and existing and irresolvable underground
utility conflicts. Other re.3troom locations would also require the addition of a sewer lift
31'3tem in the restroomr to deliver waste to exi5ttng sancta ♦ sewer lines on 49'~' Avenue.
Thi 3 would require, a large additional invest neat for the Cry. Staff and Squitation
representatives feel any type of lift system would cause the re ;troop, t be less user
friendly and impact the City with increased maintenance casts for he life of tare building,
The current proposed restroom location is not impacted by any of the previous mentioned
conflicts, and all utiht€e 3 and hook ups have been pre-appraved by utility provider:.
lnywximhsamdre.mas
f. The ,r antirig o- the variance 4t o€tld not be detrimental to the public xelfare or injurious to
other property- or impr;,t ements in he neighborhood- This is a com-niercial area and the
cons ntcaon of the rest: oom a41r the requested setba= l variance Y~ i11 not ito,pac_t any,
adjacent propmf o:ruers and there is no residential development in the area. The add€uon
of a restroom will enhance the park and of er-an additional imenitt
g- 1=loodplain is prevalent in the area and otlrer properses are also affected by the floodplain
regulations.
h- fit the present Arne, Cre6.side Park has only. p ortab]e restroom fa-ilities a =ailable to its
patrons. The proposed restrcam facility- will offer a compliant Americans wirh Disabilities
Act CAD k) building to ail earl. patrons. The restroom psi€ll also ;offer rnuning water and
hand wash amenities that the current portable restrooms do not provide- The new, building
will make available two additional drinking fountains fur patron use_ Most importantly,
placing this building in the proposed location will prop ide a lighted- safe. and more
sauitary restroom for patrons to use during both da " and frequent evening gamet'practices
times.
i. Does not apple.
Thank ,,on for your consideration and please do not hesitate €o contact rife if you need any
additional infonnation_
Sincerel•,
_s aI Foote
Pates Prtiect Coordinator
VM mr
s: Jiavice Manwarinp; Parks & Recreation Director
R ck ltfurrai . Parks, Forestry. Open Space Nfanager
EXHIBIT 4: ELEVATIONS
13UILDING INCLUDES.
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SIDE ELEVATION
30 =11, lUm -
II
12
4O'A SEASG~~
HEATING INC.
4896 Marshall Street
Wheat Ridge, Colorado 80033
Office Phone: (303) 423-1982 Fax: (303) 423-0120
www.e-homecomfort.com
September 24, 2008
City of Wheat Ridge
Community Development
7500 W 29t' Ave
Wheat Ridge, CO 80033-8001
Re: Variance Case # WA-08-10
As owners of the property directly east of the property in question (4896 Marshall St.),
we are unopposed to the specific request in this matter.
Ro 1Investment terprises
Jay-Lauhon, Partner-
POSTING CERTIFICATION
CASE NO. k-0 8 "
DEADLINE FOR WRITTEN COMMENTS
,
i
(name)
6 G7kk /9vc= ti TlorKk~ C_O ~o ~3j
residing at 3 6 S E j
(address) t
as the applicant for Case No. W A-c'5"r , hereby certify that I have posted the sign for
Public Notice at k ~ SG v
(location) le I on this day of~~ 20 ' and do hereby certify that
said sign has been posted and remained in place for ten (10) days prior to and including the
deadline for written comments regarding this case. The sign was posted in the position shown on
the map below.
a
Signature:_.
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
Aa
City of
Wheatdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
September 17, 2008
Dear Property Owner:
This is to inform you of Case No. WA-08-10, a request for an administrative
variance of 6 feet from the required 30 foot side yard setback when adjacent to a
public street resulting in a 24 foot side yard setback for property zoned
Commercial-One (C-1) and Residential-Two (R-2) and located at 4900 Marshall
Street.
The applicant is requesting an administrative variance review which allows no
more than a fifty percent (50%) variance to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adjacent property owners are required to be notified of the request by
certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on September 26, 2008.
Thank you.
WA081 O.doc
www.ci.wheatridge.co.us
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NW 24
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
PARCEL/LOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
[ad 100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
SW 13
0 100 ® 400 Fee[
oWa oo m
DEPARTMEN70F MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
COPPER FIELDS LAND 39-133-05-006 7008 0150 0003 4502 6661
HOLDINGS LLC
4901 MARSHALL ST
WHEAT RIDGE CO 80033
KIPERLLOYD R 39-133-05-003&002 7008 0150 0003 4502 6678
KIPER PENNY A
7657 LAMAR ST
ARVADA CO 80003 2336
STEFANICH DAVID A 39-133-04-003 & 002 7pp8 015❑ 00p3. 4502 6685
11650 W 68TH AVE
ARVADA CO 80004 2537
DABOLL DAVID 39-133-00-012 7008 0150 0003 4502 6692
6095 W 49TH AVE
WHEAT RIDGE CO 80033
ROXY & FRANCES L 39-133-00-016 7008 0150 0003 4502 6708
VENDENA TRUST
6105 W 49TH AVE
WHEAT RIDGE CO 80033
PUBLIC STORAGE
PROPERTIES XVII INC 39-133-09-001 7pp8 0150 0003 4502 6715
c/o DEPT PT CO 21702 -
PO BOX 25025
GLENDALE CA 91201 5025
CLEAR CREEK RIDGE LLC
3650 VANCE ST 1
WHEAT RIDGE CO 80033 39-133-09-002 7008 0150 0003 4502 6722
DEWITT RICK R
DEWITT GAIL C
6757 WESTWOODS CIR 39-133-00-018 7008 0150 0003 4502 6739
ARVADA CO 80007 7085
ROYAL INVESTMENT
ENTERPRISES LLC
4896 MARSHALL ST 39-133-08-001
WHEAT RIDGE CO 800333635 7008 0150 0003 45112 6746
< 1
SACK, JOHN J JR & VIOLA 0313409002000
4980 HARLAN ST
DENVER, CO 80212
MANDERA, ELAINE 0313409027000
4990 HARLAN ST
DENVER, CO 80212
INSPIRATION POINT 0313429002000
3690 FENTON ST
WHEATRIDGE, CO 80212 C j
KOCH, KARL JOHN 0313429017000
30350 PINE CREST
EVERGREEN 9
7008 0150 0003 4502 6753
7008 0150 0003 4502 6760
7008 0150 0003 4502 6777
7008 0150 0003 4502 6784
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I City of
WheatMidge
PARKS AND RECREATION
City of Wheat Ridge Parks, Forestry & Open Space 9110 W. 40 Ave. Wheat Ridge, CO 80033-3005 P: 303.205.7550 F: 303.467.5901
September 15, 2008
Mr. Jeff Hirt, Planner
City of Wheat Ridge
Community Development Department
7500 West 29th Avenue
Wheat Ridge, CO 80033
Dear Jeff:
This letter is in response to the variance criteria in section 26-115-c for the proposed Creekside
Park restroom facility at 4900 Marshall Street. Responses are as follows;
a. In order for the property to reach its full potential and function as a public park to meet the
needs of the users, a sanitary sewer restroom structure is needed. The Parks and Recreation
Department cannot identify any other site on the property to locate the restroom due to the
restrictions of the floodplain and utility easements. Without this variance the Parks and
Recreation Department does not have full use of the park site to provide the needed
amenities to users. Therefore, it is not feasible to adhere to the setback requirements and
successfully construct a restroom facility for park users.
b. The property at 4900 Marshall Street is a City Park including two (2) softball/baseball
fields and a football field which are predominately used for youth sports. The addition of
the proposed restroom structure is intended to be an amenity for all park patrons while
having a negligible impact on the overall appearance of the park. The restroom is a small
structure, approximately 11 feet by 19 feet. It is designed to be user friendly and located
without drawing undue attention or adversely impacting adjacent industrial businesses.
C. The investment in this project is approximately $225,000 and will do a great deal to
enhance the property by providing a permanent structure as opposed to portable restrooms.
Without this variance the owner will not be able to provide this service to residents
d./e. The locations available for the placement of a restroom structure in this property are very
limited. Original attempts to place the restroom structure in various areas have been
abandoned because of conflicts with two (2) zoning district boundaries, floodplain
restrictions, changing floodplain boundaries, and existing and irresolvable underground
utility conflicts. Other restroom locations would also require the addition of a sewer lift
system in the restroom to deliver waste to existing sanitary sewer lines on 49th Avenue.
This would require a large additional investment for the City. Staff and Sanitation
representatives feel any type of lift system would cause the restroom to be less user
friendly and impact the City with increased maintenance costs for the life of the building.
The current proposed restroom location is not impacted by any of the previous mentioned
conflicts, and all utilities and hook ups have been pre-approved by utility providers.
www.ci.wheatridge.coms
f. The granting of the variance would not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood. This is a commercial area and the
construction of the restroom with the requested setback variance will not impact any
adjacent property owners and there is no residential development in the area. The addition
of a restroom will enhance the park and offer an additional amenity.
g. Floodplain is prevalent in the area and other properties are also affected by the floodplain
regulations.
h. At the present time, Creekside Park has only portable restroom facilities available to its
patrons. The proposed restroom facility will offer a compliant Americans with Disabilities
Act (ADA) building to all park patrons. The restroom will also offer running water and
hand wash amenities that the current portable restrooms do not provide. The new building
will make available two (2) additional drinking fountains for patron use. Most importantly,
placing this building in the proposed location will provide a lighted, safe, and more
sanitary restroom for patrons to use during both day and frequent evening game/practices
times.
i. Does not apply.
Thank you for your consideration and please do not hesitate to contact me if you need any
additional information.
Sincerely
Mark Ruote
Parks Project Coordinator
MR/mr
c: Joyce Manwaring, Parks & Recreation Director
Rick Murray, Parks, Forestry, Open Space Manager
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant City Of Wheat Ridge Address 9110 w 44th Ave. Phone 3-205-7553
City same State Co Zip 80033 Fax 3-467-5901
Owner City, of Wheat Ridge Address Phone
City same State Zip Fax
Contact Mark Ruote Address Phone 3-205-7553
CiTy same State Zip Fax 3-467-5901
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hewing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): Creekside Park 4900 Marshall St. Wheat Ridge Co. 80033
Type of action requested (check one or more of the actions listed below which pertain to your request):
Appllcadon submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval @ Variance/Waiver (from Section )
❑ Other:
Detailed description of request:
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: R-2 Proposed Zoning:
Current Use: City Park land Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot Iawfttlly be accomplished. Applicants other than owners
must submit power-of-attom7 from the qm whicltiapproved of this action on his behalf.
9
Signature of
0492 6y _
"u 20 6*'
aOT
Notary Public
My 4ission expires 6-4-- azd
To be filled out by staff: • Q~
Date received '9/17/6 L Fee $ Receipt NoF . OF COO
Case No. f'4%0'P-/6
Comp Plan Desig. Zoning !f, / ~k 1,7 Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager
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09/17/08 14:54 FAA 309 2,71 5955 JEFFCO OPEN SPACE IM002
COMMISSIONER'S DEED
JL
THIS INDENTURE is made this day of June, 1998, between the COUNTY OF
JEFFERSON, STATE OF COLORAD , a body politic and corporate (the "County"), whose
legal address is 100 Jefferson County Parkway, Golden, Colorado 80419, acting by and through
its duly constituted and appointed Commissioner, Michelle Lawrence, to quitclaim and to
execute this deed, and the CITY OF WHEAT RIDGE, a Colorado municipal corporation
("Wheat Ridge"), whose legal address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80215_
THAT WHEREAS, the Board of County Commissioners of the County of Jefferson,
State of Colorado, did at a regular meeting of said Board held at the Administrative/Judicial
Facility in said County on the 26th day of May, 1998, duly adopt and pass Resolution No. CC98
346 authorizing the quitclaim of the hereinafter described real property to Wheat Ridge and did
by said Resolution appoint and constitute the undersigned as Commissioner to quitclaim and
execute a deed for said real property to Wheat Ridge for and on behalf of the County, and did
further authorize the undersigned to execute this deed and to affix the seal of said County hereto
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid by Wheat Ridge to the County,
receipt of which is hereby confessed and acknowledged, the undersigned, acting as
Commissioner aforesaid, does by these presents remise, release, sell, and quitclaim unto Wheat
Ridge, its successors and assigns for so long as the following described property is used
exclusively for public open space, park and recreational purposes and no longer, all the right,
title, interest, claim and demand.which said County has in and to the real property described in
Exhibit A attached hereto, situate, lying and being in the County of Jefferson, State of Colorado,
expressly reserving to the County that Utility Easement granted to the County in instrument
recorded March 19, 1968, in Book 2005 at page 144 and 135.
TOGETHER WITH all water and water rights, ditches and ditch rights, reservoirs and
reservoir rights, wells and well rights, and tributary, nontributary and not nontributary
groundwater on, under and appurtenant to or used on the land described herein,
TO HAVE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging or in any way thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever of said County, either in law or equity, to the only proper use,
benefit and behoof of Wheat Ridge, its successors and assigns but if said shall be used for any
purpose other than public open space, park and recreational purposes, said property (including
easements) shall revert to the County and this deed shall be null and void.
M:\GROuP \ATfORr4CACOMM RES\OPENSPAC\WR• .COM
JUNE 17, 1998
09/17/08 14:54 FAX JOa 271 5955 SEFFCO OPEN SPACE x003
COUNTY OF JEFFERSON,
STATE OF COLORADO
By/y' M rL-l s~ yCr_o
Michelle Lawrence, Chairman
Board of ounty Commissioners
Date ~V I /2/l
STATE OF COLORADO
COUNTY OF JEFFERSON
ss.
The foregoing Commissioner's Deed was acknowledged before me this 1 `d/ day of
June, 1998 by Michelle Lawrence, Chairman of the Board of County Commissioners, County of
Jefferson, State of Colorado.
WITNESS my hand and official seal.
My Commission expires: 7 - R of
AIN'~PPROVE AS TO FORM:
G
L4, 4
Anne T. Kelson
Assistant County Attorney
Notary Public
~pHMA~~
~OTAgy
d%:. PM%O
M:\OR uLI ATrORNEY\coMM_RE \OPENSPAC\WR-SAN.COM
JVHC 17, 1996
09/17/08 14:54 FAX 303 271 5955 JEFFCO OPEN SPACE
A -PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 13,
T,(WNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89 DEGREES 59 MINUTES 11 SECONDS WEST, ALONG THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER,
1323.95 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER;
THENCE NORTH 00 DEGREES 09 MINUTES 50 SECONDS WEST, ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
548.77 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-
OF-WAY LINE OF OLD ARVADA ROAD;
THENCE ALONG SAID RIGHT-OF-WAX NORTH 76 DEGREES 15 MINUTES 18
SECONDS WEST, 124.39 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 69 DEGREES 00
MINUTES 59 SECONDS WEST, 223.96 FEET TO THE EAST LINE OF
MARSHALL STREET;
THENCE ALONG SAID EAST LINE NORTH 07 DEGREES 59 MINUTES 59
SECONDS WEST 229.79 FEET;
THENCE CONTINUING ALONG SAID EAST LINE NORTH 01 DEGREES 48
MINUTES 59 SECONDS WEST, 200.68 FEET TO THE WESTERLY EXTENSION
OF THE SOUTHERLY LINE OF AMCOR INDUSTRIAL DEVELOPMENT PLAN
FINAL PLAT;
THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 7 COURSES:
1) SOUTH 81 DEGREES 49 MINUTES 32 SECONDS EAST, 138.96 FEET;
2) SOUTH 89 DEGREES 20 MINUTES 02 SECONDS EAST, 152.43 FEET;
3) SOUTH 82 DEGREES 45 MINUTES 53 SECONDS EAST, 244.35 FEET;
4) NORTH 81 DEGREES 20 MINUTES 24 SECONDS EAST, 500.05 FEET;
5) NORTH 69 DEGREES 48 MINUTES 27 SECONDS EAST, 347.32 FEET;
6) NORTH 45 DEGREES 12 MINUTES 45 SECONDS EAST, 367.34 FEET;
7) NORTH 72 DEGREES 39 MINUTES 46 SECONDS EAST, 78.43 FEET TO
THE EAST LINE OF SAID SOUTHWEST QUARTER;
THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 11 MINUTES 24
SECONDS EAST, 194.21 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;'
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER SOUTH 00 DEGREES 12 MINUTES 45 SECONDS EAST,
97.85 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND
DESCRIBED IN BOOK 132 PAGE 126;
THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 75 DEGREES 15
MINUTES 44 SECONDS WEST, 1361.61 FEET TO THE NORTHEAST CORNER
OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO. 90080073;
THENCE ALONG THE EAST LINE OF THE AFOREMENTIONED PARCEL SOUTH
00 DEGREES 45 MINUTES 22 SECONDS WEST, 318.41 FEET TO SAID WEST
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID WEST LINE SOUTH 00 DEGREES 09 MINUTES 50
SECONDS EAST, 6.10 FEET TO THE POINT OF BEGINNING.
IM 004
EXHIBIT
A
09/17/08 14:54 FAX 503 271 5955 JEFFCO OPEN SPACE 2005
GENERAL WARRANTY DEED
THIS DEED, Made this ILday of June, 1998 is between WHEAT RIDGE
SANITATION DISTRICT, a public corporation, whose address is P.O. Box 288, Wheat Ridge,
Colorado 80033, ("Grantor"), and the COUNTY OF JEFFERSON, STATE OF COLORADO, a
body politic and corporate, duly organized and existing under and by virtue of the laws of the
State of Colorado, whose legal address is 100 Jefferson County Parkway, Golden, Colorado
80419 ("Grantee").
WTTNESSETH, That the Grantor, for and in consideration of the sum of Two Hundred
Ten Thousand and No/100ths Dollars ($210,000.00), the receipt and sufficiency of which are
hereby acknowledged, has granted, bargained, sold and couveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, the
real property, together with improvements, if any, situate, lying and being in the County of
Jefferson, State of Colorado, described on Exhibit A which is attached hereto and incorporated
herein by this reference.
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above-bargained
premises, with the hereditaments and appurtenances thereunto appertaining, and specifically
relinquishing all right in that Right of Easement as Granted to WheatRidge Sanitation District, in
instrument recorded January 20, 1975, in Book 2697 at page 163.
TOGETHER WITH all water and water rights, ditches and ditch rights, stock in ditch
companies, reservoir and reservoir rights, wells and well rights, including tributary, nontributary
and not nontributary whether adjudicated or not, on, under or appurtenant to or used on any
portion of the land described on Exhibit A which is attached hereto and incorporated herein by
this reference.
TO HAVE AND TO HOLD the said premises above-bargained and described, with the
appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself,
its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its
successors and assigns, that at the time of the ensealing and delivery of these presents, the
Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that
the same is free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind and nature soever, except for,
L The lien for general taxes for the calendar year in which the conveyance is made,
which shall be adjusted and prorated to the date of closing, the proration thereof to
be based upon the most recent levy and assessment; and
2. Subject to the easements, rights of way of record and items set forth in numbers
10, 11, 13, 15-18 of Exhibit B attached hereto, incorporated herein and made a
part hereof by this reference.
M-.\OROUPS\ATTORNEY%0 MM_RESOPENSPAhwR-5AN.GW
JUNE 9 7, 1 996
09/17/08 14:55 FAX 303 271 5955 JEFFCO OPEN SPACE
The Grantor shall and will WARRANT AND FOREVER DEFEND the
above-bargained premises in the quiet and peaceable possession of the Grantee, its
successors and assigns, against all and every person or persons claiming the whole
or any part thereof.
The singular number shall include the plural, the plural the singular, and the
use of any gender shall be applicable to all genders.
IN W1TNE55 WHEREOF, the Grantor has executed this deed on the date
set forth above-
WHEAT RIDGE SANITATION
[CORPORATE SEAL] DISTRICT, a public corporation
By: By: 1 u~
Secret Namefritle: -
Date L ' 1S'
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing GENERAL WARRANTY DEED was acknowledged before
me this JSkday of June, 1998, by j IrKrr as _ ere~z f C~ ey1 E
and by _-)p-:ep k S • D reu-1 as Secretary of WHEAT RIDGE
MY
STATE OF COLORADO
My Commission Expirs6 12-31-2000
APP VEDA .TO FORM:
Anne T. Kelson
Assistant County Attorney
Notary Public
THE WITHIN DEED IS ACCEPTED THIS"PYDAY OF JUNE, 1998
, Grantor.
I and official seal.
pires: i2-3 t F'4-,z
COUNTY OF JEFFERSON
STATE OF COLORADO
By/L%K d~9~rLr'o
Michelle La, reuce, Chairman,
Board of County Commissioners
0 006
M:%GRQUPSAl QRNEY%COMm_RES%OPCN PAC\WR-5AN.GWD
JUNE 17, 1995 2
09/17/08 14:55 FAX 003 271 5955 JEFFCO OPEN SPACE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,'
COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89 DEGREES 59 MINUTES 11 SECONDS WEST, ALONG THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER;
1323.95 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER;
THENCE NORTH 00 DEGREES 09 MINUTES 50 SECONDS WEST, ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
548.77 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-
OF-WAY LINE OF OLD ARVADA ROAD;
THENCE ALONG SAID RIGHT-OF-WAY NORTH 76 DEGREES 15 MINUTES 18
SECONDS WEST, 124.39 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 69 DEGREES 00
MINUTES 59 SECONDS WEST, 223.96 FEET TO THE EAST LINE OF
MARSHALL STREET;
THENCE ALONG SAID EAST LINE NORTH 07 DEGREES 59 MINUTES 59
SECONDS WEST 229.79 FEET;
THENCE CONTINUING ALONG SAID EAST LINE NORTH 01 DEGREES 48
MINUTES 59 SECONDS WEST, 200.68 FEET TO THE WESTERLY EXTENSION
OF THE SOUTHERLY LINE of AMCOR INDUSTRIAL DEVELOPMENT PLAN
FINAL PLAT;
THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING 7 COURSES:
1) SOUTH 81 DEGREES 49 MINUTES 32 SECONDS EAST, 138.96 FEET;
2) SOUTH 89 DEGREES 20 MINUTES 02 SECONDS EAST, 152.43 FEET;
3) SOUTH 82 DEGREES 45 MINUTES 53 SECONDS EAST, 244.35 FEET;
4) NORTH 81 DEGREES 20 MINUTES 24 SECONDS EAST, 500.05 FEET;
5) NORTH 69 DEGREES 48 MINUTES 27 SECONDS EAST, 347.32 FEET;
6) NORTH 45 DEGREES 12 MINUTES 45 SECONDS EAST, 367.34 FEET;
7) NORTH 72 DEGREES 39 MINUTES 46 SECONDS EAST, 78.43 FEET TO
THE EAST LINE OF SAID SOUTHWEST QUARTER;
THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 11 MINUTES 24
SECONDS EAST, 194.21 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;'
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER SOUTH 00 DEGREES 12 MINUTES 45 SECONDS EAST,
97.85 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND
DESCRIBED IN BOOK 132 PAGE 126;
THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 75 DEGREES 15
MINUTES 44 SECONDS WEST, 1361.61 FEET TO THE NORTHEAST CORNER
OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO. 90080073;
THENCE ALONG THE EAST LINE OF THE AFOREMENTIONED PARCEL SOUTH
00 DEGREES 45 MINUTES 22 SECONDS WEST, 318.41 FEET TO SAID WEST
LIME OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID WEST LINE SOUTH 00 DEGREES 09 MINUTES 50
SECONDS EAST, 6.10 FEET TO THE POINT OF BEGINNING.
[a 007
EXHIBIT
A
09/17/08 14:55 FAX 303
271
5955
JEFFCO
OPEN
SPACE
A
L T
A
C O
M M I T
M E
N T
SCHEDULE B-1
(Requirements) Our Order #k AB547336-5
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be
insured.
2. Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record, to-wit:
2008
3. WARRANTY DEED FROM WHEATRIDGE SANITATION DISTRICT, A PUBLIC CORPORATION TO
COUNTY OF JEFFERSON, A BODY CORPORATE AND POLITIC CONVEYING SUBJECT
PROPERTY.
4. COMMISSIONER'S DEED FROM COUNTY OF JEFFERSON, A BODY CORPORATE AND POLITIC
TO THE CITY OF WHEATRIDGE CONVEYING SUBJECT PROPERTY.
5. GOOD AND SUFFICIENT DEED FROM WHEATRIDGE SANITATION DISTRICT RELINQUISHING
ALL RIGHTS IN RIGHT OF EASEMENT RECORDED JANUARY 20, 1975, IN BOOK 2697 AT
PAGE 163.
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS:
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF
WHEATRIDGE SANITATION DISTRICT, A PUBLIC CORPORATION. CHICAGO TITLE
INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK
OR MATERIAL FURNISHED AT THE REQUEST OF COUNTY OF JEFFERSON, A BODY
CORPORATE AND POLITIC, AND THE CITY OF WHEATRIDGE, AS THEIR INTERESTS SHALL
APPEAR.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE
RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B-1.
NOTE: UPON PROOF OF PAYMENT OF 1997 TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 1998 AND SUBSEQUENT YEARS.
ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND
SEWER CHARGES ARE PAID UP TO DATE.
SENATE BILL 98-045 STATES THAT EFFECTIVE JUNE 1, 1998 THE
FEE FOR REQUESTS FOR RELEASES OF DEEDS OF TRUST WILL BE
$16.00.
EXHIBIT
PAGE 3
09/17/08 14:56 FAX 005 271 5955
A L T A
JEFFCO
OPEN
SPACE
f~009
C O M
M I T
M E
N T
SCHEDULE B-2
(Exceptions) our order ff AB547336-5
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of
the Company:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. EXISTING LEASES AND TENANCIES, IF ANY.
10. TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED December 18, 1950 IN
BOOK 700 AT PAGE 527.
11. RIGHT OF WAY EASEMENT AS GRANTED TO METROPOLITAN DENVER SEWAGE DISPOSAL
DISTRICT NO. 1 IN INSTRUMENT RECORDED December 17, 1964, IN BOOK 1766 AT
PAGE 58.
12. (ITEM DELETED)
13. UTILITY EASEMENT AS GRANTED TO COUNTY OF JEFFERSON IN INSTRUMENT RECORDED
March 19, 1968, IN BOOK 2005 AT PAGE 144 AND 135.
14. RIGHT OF WAY EASEMENT AS GRANTED TO WHEATRIDGE SANITATION DISTRICT, A
PUBLIC CORPORATION IN INSTRUMENT RECORDED January 20, 1975, IN BOOK 2697 AT
PAGE 163.
NOTE: UPON COMPLIANCE WITH REQUIREMENTS IN SCHEDULE B-1, THE ABOVE
EXCEPTION WILL BE DELETED.
15. RIGHT OF WAY FOR CLEAR CREEK.
16. (ITEM DELETED)
17. TERMS, CONDITIONS AND PROVISIONS OF RULE AND ORDER RECORDED.OCtober 07,
1986 AT RECEPTION NO. 86121868-
18. THE FOLLOWING ITEMS AS DISCLOSED ON SURVEY DATED DECEMBER 12, 1996, REVISED
FEBRUARY 12, 1997, VIGIL LAND CONSULTANTS, JOB NO. 96085:
A) ELECTRIC AND DRAINAGE EASEMENTS NOT WITHIN AN EASEMENT AS EVIDENCED BY
OVERHEAD LINES, AND 24" RCP.
B) PORTION OF SUBJECT PROPERTY LIES WITHIN 100 YEAR FLOOD PLAIN LIMITS.
C) RIGHT OF WAY FOR HARLAN STREET.
D) THE ENCROACHMENT OF A BRICK WALL AND A CONCRETE DRIVE.
PAGE 5
09/17/08 14:56 FAX 303 271 5955 JEFFCO OPEN SPACE
E M
DATE; June 22, 1998
TO: Ralph Schell
Ken Foelske Dennis Falkner John Wallace
Stanton La Breche Frank Kunze Matt Cox
Charlie Hudson Kim Frederick Don Voisinet
Don Klima B. J. Ellison Mark Hearon
Larry Pfifer Colleen Gadd Stefan Bohn
Mark Danner Frank Marics
Randy Frank Jim Tile
FROM: Joy A. Lucisano, Manager of Acquisitions
SUBJECT: Open Space Acquisition- Wheat Ridge Sanitation
District/Greenbelt/Wheat Ridge OS96-010
Please be advised of the completion of the following Open Space
acquisition, which was accomplished by Joy A. Lucisano, Manager of
Acquisitions:
Date Purchased June 18, 1998
Seller: Wheat Ridge Sanitation District
Property Acquired: 7.69 acres more or less
Purchase Price: $210,000,
Account #`s Used: 051-53-18-347-75-60 100% Wheat Ridge Share
Reception #Is: General Warranty Deed F0634201
Commissioners Deed F0634202
Legal Description: see attached map
Z010
SPZC14L TERMS: Property is located at approximately 4900
Marshall Street in Wheat Ridge. The property is being acquired to
enhance the current Wheat Ridge Greenbelt trail. A commissioners deed
conveyed the property to the City of Wheat Ridge for management. This
acquisition was funded with 100% Wheat Ridge share.
A. Lucisano
ager of Acquisitions
JAL/ri
xC; Anne Kelson, Assistant County Attorney
Jerry Faliano, Inventory Control, Accounting Department
David Niles, Assessor's Office
Arnie Cross, Planning and Zoning
Kathryn Heider, Public Information Director
Robert Bammerlin, County Treasurer
Shelley Walton, Acting Director of Accounting
09/17/08 14:56 FAX 303 271 5955 JEFFCO OPEN SPACE la011
09/17/08 14:45 FA% 303 271 5955 JEFFCO OPEN SPACE
commiSSIONER`S DEED
10002/006
THIS INDENTURE is made this /!1 day of June, 1998, between the COUNTY OF
JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"), whose
legal address is 100 Jefferson County Parkway, Golden, Colorado 80419, acting by and through
its duly constituted and appointed Commissioner, Michelle Lawrence, to quitclaim and to
execute this deed, and the CITY OF WHEAT RIDGE, a Colorado municipal corporation
("Wheat Midge"), whose legal address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80215.
THAT WHEREAS, the Board of County Commissioners of the County of Jefferson,
State of Colorado, did at a regular meeting of said Board held at the Administrative/Judicial
Facility in said county on the 17th day of March, 1998, duly adopt and pass Resolution No.
CC98-170 authorizing the quitclaim of the hereinafter described real property to Wheat Ridge,
and did by said Resolution appoint and constitute the undersigned as Commissioner to quitclaim
and execute a deed for said real property to Wheat Ridge for and on behalf of the County, and did
further authorize the undersigned to execute this deed and to affix the seal of said County hereto.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid by Wheat Ridge to the County,
receipt of which is hereby confessed and acknowledged, the undersigned, acting as
Commissioner aforesaid, does by these presents remise, release, sell, and quitclaim unto Wheat
Ridge, its successors and assigns for so long as the following described property is used
exclusively for public open space, park and recreational purposes and no longer, all the right,
title, interest, claim and demand which said County has in and to the real property described in
Exhibit A attached hereto, situate, lying and being in the County of Jefferson, State of Colorado.
TOGETHER WITH all water and water rights, ditches and ditch rights, reservoirs and
reservoir rights, wells and well rights, and tributary, nontributary and not nontributary
groundwater on, under and appurtenant to or used on the land described herein.
TO HAVE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging or in any way thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever of said County, either in law or equity, to the only proper use,
benefit and behoof of Wheat Ridge, its successors and assigns but if said shall be used for any
purpose other than public open space, park and recreational purposes, said property (including
easements) shall revert to the County and this deed shall be null and void.
M:\ORCUPS\A=RNLnCOMM_RU\OPENSPAWAI O. COM
JUN[ 17, 1995
09/17/08 14:45 FAX 303 271 5955 JEFFCO OPEN SPACE
COUNTY OF JEFFERSON,
STATE OF COLORADO
L: _
By
Deputy Cl e 58rr r Y Mic elle Lawrence, hairman
Board o County Commissioners
~OLOafA~10 Date ~ 6
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
[a 003/006
The foregoing Commissioner's Deed was acknowledged before me this I V day of
June, 1998 by Michelle Lawrence, Chairman of the Board of County Commissioners, County of
Jefferson, State of Colorado.
WITNESS my hand and official seal. , I
My Commission expires: `l a
~
Notary Public
APPROVED S TO FORM:
)knne T. Kellson
Assistant County Attorney
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M:\GROUPS\A fORNEY\COMM_RE5\OPENSPACWAIO.COM
JI-c 17. I BB5 2
09/17/08 14:46 FAX 309 271 5955 JEFFCO OPEN SPACE
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUAcErl ur ina
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69
-SOUTHWEST
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:-
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13;
THENCE NORTH 89 DEGREES 59 MINUTES 11 SECONDS WEST, ALONG THE
_ SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST OUARTER,
1323.95 FEET TO THE SOUTHWEST CORNER THEREOF; -
THENCE NORTH 00 DEGREES 09 MINUTES 50 SECONDS WEST. ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
554.87 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND
DESCRIBED IN RECEPTION NO. 90080073 BEING THE POINT OF
BEGINNING;
THENCE NORTH 00 DEGREES 45 MINUTES 22 SECONDS EAST, ALONG THE
EAST LINE OF SAID PARCEL, 318.41 FEET TO THE NORTHEAST CORNER
OF SAID PARCEL;
THENCE NORTH 75 DEGREES 15 MINUTES 44 SECONDS EAST, 265.90 FEET
TO THE WESTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN
RECEPTION NO. 84100646;
THENCE ALONG THE BOUNDARY OF THE AFOREMENTIONED PARCEL THE
FOLLOWING 4 COURSES:
1) ALONG A
DEGREES 25
LENGTH OF 1
MINUTES 18
2) NORTH 75
TANGENT, 35
3) ALONG A
DEGREES 23
LENGTH OF 1
MINUTES 30
4) NORTH 66
THENCE NOR
TO THE NOR
938, PAGE 4
THENCE SOUT
WEST LINE C
LINE OF A P
THENCE SOUT
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14
MINUTES 39 SECONDS, A RADIUS OF 592.96 FEET, AN ARC
49.31 FEET AND A CHORD BEARING NORTH 82 DEGREES 59
SECONDS EAST, 148.92 FEET TO A POINT OF TANGENT;
DEGREES 46 MINUTES 28 SECONDS EAST, ALONG SAID
3.08 FEET TO A POINT OF CURVE;
(CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09
MINUTES 56 SECONDS, A RADIUS OF 974.93 FEET, AN ARC
59.93 FEET, AND A CHORD BEARING NORTH 71 DEGREES 04
SECONDS EAST, 159.75 FEET;
DEGREES 22 MINUTES 31 SECONDS EAST, 74.46 FEET;
T 75 DEGREES 15 MINUTES 44 SECONDS EAST, 57.32 FEET
TiWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK
8;
00 DEGREES 12 MINUTES 45 SECONDS EAST, ALONG THE
THE AFOREMENTIONED PARCEL 205.01 FEET TO THE NORTH
RCEL DESCRIBED IN RECEPTION NO. 87144807;
72 DEGREES 07 MINUTES 46 SECONDS WEST, 256.49 FEET
EAST CORNER OF A PARCEL OF LAND DESCRIBED IN
92043789;
53 DEGREES 13 MINUTES 09 SECONDS WEST, 306.17 FEET
LINE OF THE AFOREMENTIONED PARCEL;
00 DEGREES 12 MINUTES 46 SECONDS EAST, ALONG SAID
.42 FEET TO THE NORTHEAST CORNER OF A PARCEL OF
ED IN BOOK 2314, PAGE 753;
THE BOUNDARY OF THE AFOREMENTIONED PARCEL THE
COURSES:
TO THE NORT.
RECEPTION N
THENCE SOUT
TO THE WEST
THENCE $OUT
WEST LINE 2
LAND DESCRI
THENCE ALON
FOLLOWING 5
U004/006
1) SOUTH 53 DEGREES 34 MINUTES 14 SECONDS WEST, 123.75 FEET;
2) NORTH 89 DEGREES 25 MINUTES 46 SECONDS WEST, 104.00 FEET;
3) SOUTH 45 DEGREES 25 MINUTES 14 SECONDS WEST, 140.30 FEET;
4) SOUTH 29 DEGREES 49 MINUTES 14 SECONDS WEST, 90.30 FEET;
5) SOUTH 09 DEGREES 4Q MINUTES 46 SECONDS EAST, 109.60 FEET TO
THE RIGHT-OF-WAY OF OLD ARVADA ROAD;
THENCE ALONG SAID RIGHT-OF-WAY NORTH 21 DEGREES 26 MINUTES 18
SECONDS WEST, 134.24 FEET TO A POINT OF CURVE;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 55 DEGREES 12 MINUTES 41 EXHIBIT
SECONDS, A RADIUS OF 225.29 FEET, AN ARC LENGTH OF 217.10 FEE
AND A CHORD BEARING NORTH 49 DEGREES 02 MINUTES 38 SECONDS A
WEST, 208.80 FEET TO THE POINT OF BEGINNING.
09/17/08 14:46 FAX 303 271 5955 JEFFCO OPEN SPACE IM005/006
E D
DATE: June 22, 1998
TO: Ralph Schell
Ken Foelske Dennis Falkner John Wallace
Stanton La Breche Frank Kunze Matt Cox
Charlie Hudson Kim Frederick Don Voisinet
Don Klima B. J. Ellison Mark Hearon
Larry Pfifer Colleen Gadd Stefan Sohn
Mark Danner Frank Marics
Randy Frank Jim Life
FROM. Joy A. Lucisano, Manager of Acquisitions
SUBJECT: Open Space Acquisition- Jaidinger/Greenbelt/Wheat Ridge
OS96-011
Please be advised of the completion of the following Open Space
acquisition, which was accomplished by Joy A. Lucisano, Manager of
Acquisitions:
Date Purchased June 18, 1998
Seller: Darleen M. Jaidinger, Personal Representative of
the Estate of Bernice M. Lorenz D'Orman, deceased
Property Acquired: 7.935 more or less
Purchase Price: $313,500.00
Account #'s Used: 051-53-18-347-75-60 1001 wheat Ridge Share
Reception #'s: Boundary Line Agreement; F0634162,63,64,65
Quit Claim Deed; F0634166,67,68,69,70,71,72
Warranty Deed; F0634173
Commissioner's Deed; F0634174
Legal Description: see attached map
SPE.CIAT. TERMS, Property is located North of West 48th Avenue and
West of Harlan Street. The property is being acquired to enhance the
current Wheat Ridge Greenbelt and Trails 2000 corridor. A
commissioner's deed conveyed the property to the City of Wheat Ridge
for management. This acquisition was funded with 100% Wheat Ridge
Share.
Joy A. Lucisano
Manager of Acquisitions
JAL/ri
xc, Anne Kelson, Assistant County Attorney
Jerry Faliano, Inventory Control, Accounting Department
David Niles, Assessor's Office
Arnie Cross, Planning and Zoning
Kathryn Heider, Public Information Director
Robert Bammerlin, County Treasurer
Shelley Walton, Acting Director of Accounting
09/17/08 14:46 FAX 303 271 5955 JEFFCO OPEN SPACE a 006/006
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Case No.: A0810 Quarter Section Map No.: .SFW13
App: Last Name: Park&Rec Related Cases:
App: First Name: clo Mark Runts Case History: 8 ft side yard setback
ariance
Owner: Last Name: City of Wheat Rid e
Owner: First Name:
App Address: 9110 W. 44th Ave. Review Body: d_m. _
City, State Zip: ,heat Ridge, CO 80033 1,
_
App: Phone: J303-20577M APN: 39-M 04-004.
Owner Address: 7500 W. 29th Ave 2nd Review Body:
City/State/Zip: heat Ridge,. CO80033 2nd Review Date:
Owner Phone: r~ Decision-making Body: ~u
Project Address: ,900 _ Approval/Denial Date:
Street Name: Marshall Street
City/State, Zip: ,heat Ridge, CO 80033 y ResolOrdinance No.:
Case Disposition: Conditions of Approval:
District: I
Project Planner: Hirt _ '
File Location: ctive _ Date Received: 9177/2008
Notes:
Pre-App Date: F_
F -
Follow-Up:
t