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HomeMy WebLinkAboutLLA-06-017500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 18 July 2006 Kenneth Wilhelm 2601 South Quebec Street #9 Denver, Colorado 80231 RE: Subdivision Plat/4365 & 4385 Reed Street Dear Mr. Wilhelm: I have completed my second review of the submitted subdivision plat for the properties located at 4365 and 4385 Reed Street, and I have the following comments: 1. As was mentioned in the review comments dated 28 March 2006, the new lot line will conflict with an existing garage directly to the west of lot 1. The new lot line must be at least ten feet from the existing structure. I have included a red-lined copy of a site plan which illustrates the conflict. You have the option of applying for a variance to allow the reduced setback. This will require an additional fee of $480 and will entail a public hearing before Planning Commission. 2. Please see the attached comments from David Brossman, Development Review Engineer. One correction is required to the legal description. There are two options for proceeding with this application. The first option is to move the lot line identified on the site plan, make the correction as noted by the Public Works Department and produce a signed mylar for recordation. The mylar must be signed by the surveyor and each property owner. Please be aware that an indelible marker must be used (the mylar may not be signed in ball point pen). The signed mylar and a check for $11.00 must be submitted to the Community Development Department. The $11.00 fee is for recordation with the County. The case planner will gather required City signatures and record the mylar with the Jefferson County Clerk and Recorder. The second option is to keep the lot line in the current location and request a variance to setback for the existing garage. If this is the preferred option, please submit one 11" x 17" copy of the improvement location certificate and a check for $480.00. A Planning Commission hearing will be scheduled, which you must attend. If you have any further questions, please don't hesitate to give me a call. I can be reached at 303.235.2849. Sincerely, Travis R. Crane Planner II Ken Wilhelm 2601 S. Quebec St. #9 DEPARTMENT OF PUBLIC WORKS City of Wheat Ridge Department of Public July 18, 2006 (303) 235- 2861 7500 WEST 29T" AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235- 2857 Mr. Ronald W. Flanagan, P.L.S. Colorado Engineering & Surveying, Inc. 3470 S. Sherman Street, #2 Englewood, CO 80113 Re: - Second Review Comments of the Reed Street Subdivision, Replat No. 1. Dear Mr. Flanagan, I have completed the second review of the above referenced documents for the proposed development located at 4365-4385 Parfet Street received on July 13, 2006, and I have the following comments: Surveying Comments The following two corrections/additions need to be made prior to the creation of the Mylar®: 1. Per Section 26-412 of the Municipal Code of Laws, the Legal Description shall include the section tie information, including the Point of Commencement. 2. Include the plat revision information. Upon completion of the above two comments the Final Plat will be approvable and the Mylar® may be submitted for signatures. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Travis Crane, Planner File Reed Street Replatl_Plat - approval Itr City of Wheat Ridge Transmittal Sheet Date: 28 March 2006 The following items are being returned for the subdivision plat submittal for the properties located at 4365 & 4385 Reed St. Copies Description Notes 2 Full sized copies of plat With redlined comments 1 Planning Comments With all referral comments The land use application: ❑ Has been approved ❑ Has been approved with conditions/redlines ® Has not been approved - please resubmit the following: Copies Description Notes 4 Full sized copies of plat 24" x 36" folded 1 Property deed For 4385 Reed St. 1 Property consent For 4365 Reed St. 1 Application fee $300.00 1 Improvement Location Certificate Redline comments City of Wheat Ridge transmittal sheet Review will be performed by: ❑ Building ® Planning ® Public Works Please submit all required information to Travis Crane in the Community Development Department City of Wheat Ridge Community Development Department 7500 W. 29`h Avenue Wheat Ridge, CO 80033 Building Division - 303.235.2855 Planning Division - 303.235.2846 Inspectionline-303.234.5933 www.ci.wheatridoe.co.us 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 28 March 2006 Kenneth Wilhelm 2601 South Quebec Street #9 Denver, Colorado 80231 RE: Subdivision Plat/4365 & 4385 Reed Street Dear Mr. Wilhelm: I have completed my initial review of the submitted subdivision plat for the properties located at 4365 and 4385 Reed Street, and I have the following comments: General: A. I have included all comments received from external agencies. Please direct any questions to the agency which generated said comment. B. The application fee has not been submitted to date. Please remit $300.00 to the City of Wheat Ridge upon resubmittal. The review process will not proceed without the application fee. C. Please submit a copy of a deed for 4385 Reed Street. The deed must be a recorded document in the Jefferson County Clerk and Recorder's office. D. Please submit an improvement location certificate with the next submittal. This improvement location certificate will detail the location of each existing structure and the existing and proposed lot lines. Of particular concern is an existing structure located on the western half lot 4. It should be noted that the existing structure must meet all applicable setbacks in the R-2 zone district. In this case, the structure must be at least five feet from the new property line. E. Please submit documentation from the property owner at 4365 Reed Street acknowledging this subdivision process, and expressly giving consent to the property owners at 4385 Reed Street to act on their behalf. Jefferson County lists Tracy Levstik as the owner of 4365 Reed Street. 2. Plat Review: A. Please include a metes and bounds legal description for the properties. B. Please add a case history box which includes the case number "LLA-06-01 C. Please add zoning to all lots shown on the plat. The entirety of the area is zoned Residential Two (R-2). D. Please reword the City Certification block to read: Approved this day of 2006 by the City of Wheat Ridge. E. Please label the lot line to be dissolved as being "hereby removed by this plat". Please make all required corrections prior to the next submittal. Please submit four full size (24" x 36") folded copies of the revised plat for the second review. Once all corrections have been made, a full size Ken Wilhelm 2601 S. Quebec St. #9 1 (24" x 36") mylar copy must be produced, in conformance with Jefferson County standards, and submitted to the Community Development Department along with a recording fee of $11.00. The.mylar must be signed in indelible ink by all property owners and the surveyor. The Community Development Department will acquire all City signatures and record the mylar with the Jefferson County Clerk and Recorder. If you have any further questions, please don't hesitate to give me a call. I can be reached at 303.235.2849. Sincerely Travis R. Crane Planner II Ken Wilhelm 2601 S. Quebec St. #9 Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Community Development Referral Form Date: March 8, 2006 Response Due: March 22, 2006 I The Wheat Ridge Community Development Department has received a request for approval of a lot line adjustment for the property located at 4365-4385 Reed Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: LLA-06-01 Request: The applicant is requesting a lot line adjustment involving two properties located at 4365-4385 Reed Street. Please see the attached plat. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case manager: Jeff Hirt Voice: 303.235.2845 Fax: 303.235.2857 Email: jhirt@ci.wheatridge.co.us REFERRAL DISTRIBUTION: _KWater District (Wheat Ridge) 6.C G c`~ _~Sanitation District (Wheat Ridge) Fire District (Wheat Ridge) -Adjacent City Jefferson County Planning Department XXcel Energy :KQwest Communications -Colorado Department of Transportation -Denver Regional Council of Governments JeffCo Health Department JeffCo. Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District -Regional Transportation District -Wheat Ridge Post Office -Wheat Ridge Police Department Wheat Ridge Public Works -Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division -Wheat Ridge Urban Renewal. Authority ~I~ 44TH AVENUE Subject Propert. "The Carnation City" W w t~ W W or_ City of Wheat Rdge Department of public - March 20, 2006 DEPARTMENT OF PUBLIC WORKS (303)236-2861 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235- 2857 Mr. Ronald W. Flanagan, P.L.S. Colorado Engineering & Surveying, Inc. 3470 S. Sherman Street, #2 Englewood, CO 80113 Re: - First Review Comments of the Reed Street Subdivision, Replat No.L Dear Mr. Flanagan, I have completed the first review of the above referenced documents for the proposed development located at 4365-4385 Parfet Street received on March 8, 2006, and I have the following comments: Surveying Comments 1. Show all zoning, both for the 2 lots in the Replat and also for adjoining parcels. 2. Modify the text currently shown as "FORMER LOT LINE BETWEEN LOTS 4 AND 511, to "LOT LINE HEREBY REMOVED BY THIS PLAT". 3. Rename the plat to: "Reed Street Subdivision, Replat No. 1". 4. Per Section 26-412 of the Municipal Code of Laws, the Legal Description shall include a metes and bounds description with section tie(s) on the current City Datum. Along those same lines, the following is to be included on the plat: a. The Basis of Bearing statement needs to be a section or quarter section line, and use a city-based bearing. b. Point of Commencement. c. True Point of Beginning. 5. Please modify all property and subdivision boundary lines to be on city-based bearings. 6. Show the Reed Street "CL" of ROW (and width), with a distance to the True Point of Beginning as indicated on the redlined plat. 7. Need to include a Case History Box (see redlined plat). 8. Include the Dates of Preparation and Revision. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303-235-2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Jeff Hirt, Planner File Reed Street Replatl_Plat -reviewl.ltr.doc Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Community Development Referral Form Date: March 8, 2006 Response Due: March 22, 2006 The Wheat Ridge Community Development Department has received a request for approval of a lot line adjustment for the property located at 4365-4385 Reed Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: LLA-06-01 Request: The applicant is requesting a lot line adjustment involving two properties located- at 4365-4385 Reed Street. Please see the attached plat. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Jeff Hirt Voice: 303.235.2845 Fax: 303.235.2857 Email: jhirt@ci.wheatridge.co.us REFERRAL DISTRIBUTION: _KWater District (Wheat Ridge) Sanitation District (Wheat Ridge) Fire District (Wheat Ridge) -Adjacent City Jefferson County Planning Department _x Xcel Energy XCQwest Communications -Colorado Department of Transportation -Denver Regional Council of Governments _JeffCo Health Department JeffCo Schools I Subject Propert JeffCo Commissioners AT&T Broadband -Urban Drainage and Flood Control District -Regional Transportation District -Wheat Ridge Post Office -Wheat Ridge Police Department _KWheat Ridge Public Works -Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division -Wheat Ridge Urban Renewal Authority "The Carnation City /Jo 44TH AVE Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235,2857 The City of Wheat Ridge Community Development Referral Form Date: March 8, 2006 Response Due: March 22, 2006 The Wheat Ridge Community Development Department has received a request for approval of a lot line aajustment tor the property iocatea at 4atio-46ab Keeo street. No response trom you will constitute having no objections or concerns regarding this proposal. Case No.: LLA-06-01 Request: The applicant is requesting a lot line adjustment involving two properties located at 4365-4385 Reed Street. Please see the attached plat. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Jeff Hirt Voice: 303.235.2845 Fax: 303.235.2857 Email: jhirt@ci.wheatridge.co.us REFERRAL DISTRIBUTION: Water District (Wheat Ridge) Sanitation District (Wheat Ridge) Fire District (Wheat Ridge) -Adjacent City Jefferson County Planning Department XXcel Energy :KQwest Communications -Colorado Department of Transportation -Denver Regional Council of Governments JeffCo Health Department JeffCo Schools I Subject Propert JeffCo Commissioners AT&T Broadband -Urban Drainage and Flood Control District Regional Transportation District -Wheat Ridge Post Office -Wheat Ridge Police Department 4 heat Ridge Public Works -Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division -Wheat Ridge Urban Renewal Authority 44TH AVENUE "The Carnation City" w w I-- W W lrl~ TY,,a t,cvs C¢4 Subdivision Worksheet $ Submittal requirements: Application 200, Copy of Deed Plat (18 copies) ZOO,~ Fee O O Address: 4365 9• 439S (mod St Zoning: Z-S Property in the flood plain? tNb Subdivision Size: 3 sq. ft. ( 17 ac.) Min. Lot Size V hSaq. ft. Do all lots meet minimum size? `,k c> C it (-It. 2244 D) Min. Lot Width: ft. Do all lots meet minimum width? l~ J\ Parkland Dedication Required? 1-W Right-of-Way Dedication Required? .a.ft. Public Improvements Required? tA. SIA or Development Agreement Required? Letter of Credit or Escrow Required? Will any Structures Remain? . o . e 435 _ \ M, t tK3 Required Setbacks: FR S S R Provided Setbacks: FR S S R ~-ef coYGf a w aK to t1_1:% ~vmltl 11:6 ~1. Title of document (centered at top of page - Located in the 114 Section, Township 3 ft) -2 _ South, Range 69 West of the 6`t' Principal Meridian) Com let L l D i ti i h i . L p e ega escr p on w t t es to the section that the subdivision lies within \/3. Small scale location map, with north arrow and scale _4. Ownership/Unified control statement t/•5. Name/Address/Phone number(s) of architect, engineer, or surveyor associated with the project %/'6. Graphical representation of the property boundary (corresponding to the Legal V'7. Description) Existing/Proposed lot lines, complete with distances and bearings V 8. ?9 Subdivision name and lot number for adjacent properties E i i d . x st ng an proposed street right-of way _10. Proposed and existing ingress/egress easements ✓11. Scale and north arrow (scale not to exceed 1 100') _V12. Certification blocks, including surveyor's certificate (examples below) 13. Standard utility and drainage easement language (examples below) _14. ✓15. Data table with total area to be subdivided, smallest, average and largest lot size Proposed area for each lot (in square feet and acreage) 016. Case history box and date of preparation 17. Location and size of utility and drainage easements _18. Location and dimensions of any dedication required (with dedicatory statement - included) Additional information or documents required? 1. Traffic stud ies) 2. Drai e report, er ion control and grading plan (2 copies) r.E report (Z copi s) neering plans sLh detail construction of all public improvements ss permit ap lica, 6. Existing topography (contours at five foot intervals) 7. Existing and proposed infrastructure (utilities and streets) ll.(, 51.a,~,~s sf~cshrns? 8. Location of any significant land features (ditches, stream or lakes) 9. Cross-Access language (with graphical representation) 10. HOA Covenants _11. Phase 1 environmental assessment _12. Complete set of construction drawings Supplemental Information: Any variances needed? Lot size Lot width Cross access easements needed? Drainage easement/tract needed? City of Wheat Ridge of WHEgTP Community Development Department ° Fax Transmittal v m ~o~oRAO~ TO: Alan Hyrup , FROM: Travis Cran€ l SUBJECT: 4365 & 4385 Reed St./Wilhehn Lot Line Adjustment Plat DATE: 3 May 2006 Per your request, I have attached a copy of my initial comments sent to Mr. Kenneth Wilhelm regarding the first submittal of his lot line adjustment plat. If you have any further questions, please don't hesitate to give me a call. 1 can be reached at 303.235.2849. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 20' Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Applicant k&ooT14 L E:Lrv,,- Address Z&Ot 56 • QU,(i4r-1 -4I Phone 76-9- City R C-n State Cto Zip 5?0 1 Fax /lfc t✓~5 Owner te-NUl=17d S k+&M W l(fif l Address 13E6- g-~D Phone City ILy}rcA T 2t D 1-c r C n State Zip Fax Contact ABoUC Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing 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 S-J- 0 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 ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) XLot 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: TO A LLPtO 14C A RNY tvv-,vTwL Required information: 50e: E,v61rv&-'i S Su.211 6(t2NEy UU^"Z T'0 H{2T" Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: e E~! (7 t o C t /t L Proposed Zoning: A-tong. Current Use qRT DC R 6 1, t 1 rJ t T- f& m~ Proposed Use: RED C"2E 547AG I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-aigorney from the owner which approv ction on his behalf. Signature of Subscribed and Of 120 1141 . pUE 9~ ~O-Ft To be filled out by staff: Date received 60 'C' Comp Plan Desig. Related Case No. Expires 04/16/2006 expires SG//(o/7Io Fee$ Receipt No. Case No. I-L-A-06-01 Zoning Quarter Section Map Pre-App Mtg. Date o Case Manager JFl-i(/ 05/30/2006 11:01 3034631913 PRIVATE FAX PAGE 01 4300 Teller St. Wheat Ridge CO 80035 Phone: 303475-1072 Fmr.303483-1913 Tat Travis Crane Penn Tracy Levstik Fmc 303-235-2857 Datot May 30.2006 Pages- 1 Re. AckrloWedgement GQ 0 Urgent 0 For Review 0 Please Cemment 0 Please Reply d Please Recycle •Co nmentst 05/30/2006 11:01 3034631913 PRIVATE FAX PAGE 02 Tree MR 4300 Teller St Wheat RiQ~e CO 80033 Phm 203-475.1072 Fax 303463-1913 Email Icve0d@a0l. May 30, 2006 To Whom it May Concern: I Tracy Levstik admowledge the property line adjastment between the property at 4385 Recd St. and my property at 4365 Reed St I also agree to allow Ken Wilhelm to act on my behalf for the moving of said property line. m , Ttncy L q3~5,- . 1/1 < L-2 A~a ~f-LA p C-, G'2 er~l L l1'i0 36. ~ C~ & I re- A T'd 9L95-986-606 saigjadojd dnJRH dB0:90 90 60 Jew Retur.Keato: R $6 .00 ge;,h Wilhelm ~IIIHII IIIIIIHIIIIIINIIIIIINIlII~NII~lI D $7.00 2601 S. Quebec Street $9 2005012420 PRD Denver, CO 80231 05/02/2005 10:25:43 AM 1 Page(s) Jefferson County, Colorado PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Christopher H. Wogan as Personal Representative of the Estate of Deanne B. Wagon, a/k/a Deanne Bernadette Wogan, a/k/a Deanne Wogan, a/k/a D.B. Wogan, a(k/a Deanne B. Brown, a/k/a Deanne Bernadette Brown, a/k/a Deanne Brown, a/k/a D.B. Brown, a/k(a Deanne B. Trout, a/k/a Deanne Bernadette Trout, a/k/a Deanne Trout, a/k/a D. B. Trout, a/k/a Deanne Bernadette Dauenhauer Wagon, a/k/a Deanne B. Dauenhauer, a/k/a Deanne Dauenhauer, a/k/a Deanne Bumadette Dauenhauer, deceased, Grantor, to Kenneth F. Wilhelm, Grantee, whose legal address is 2601 S. Quebec Street A9, Denver, CO 80231 WHEREAS, the decedent died on the date of January 26, 2002 and Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Jefferson, State of Colorado, Probate No. 2002PR295, on the date of March 15, 2002, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantee for and in consideration of Seventy Thousand and no/100ths Dollars the following described real property situate in the County of Jefferson, State of Colorado: Lot 4, REED STREET SUBDIVISION, except easements described in Book 673, Page 541, the Plat of which is recorded in Plat Book 9 at Page 13 of the Jefferson County Records, Jefferson County, State of Colorado. also known by street and number: 4385 Reed Street, Wheat Ridge, Colorado 80033 With all appurtenances. As used herein, the singular includes the plural and the plural the singular fl Executed 2005. l~ec osrc- Chh5stopher H. Woga , Personal Representative of the Estate of Deanne B. Wagon, a/k/a Deanne Bernadette Wogan, a/k/a Deanne Wogan, a/k/a D.B. Wagon, a/k/a Deanne B. Brown, a/k/a Deanne Bernadette Brown, a/k/a Deanne Brown, a/k/a D.B. Brown, a/k/a Deanne B. Trout, a/k/a Deanne Bernadette Trout, a/k/a Deanne Trout, a/k/a D. B. Trout, a/k/a Deanne Bernadette Dauenhauer Wogan, a/k/a Deanne B. Dauenhauer, a/k/a Deanne Dauenhauer, a/k/a Deanne Bumadette Dauenhauer,Deceased. STATE OF COLORADO COUNTY OF JEFFERSON) The foregoing instrument was acknowledged before me this Cdayof _'2005, by Christopher H. Wogan as Personal Representative of the Estate of Deanne B. Wogan, a/k/a Deanne Bernadette' Wogan, a/k/a Deanne. Wogan, a/k/a D.B. Wogan, a/k/a Deanne B. Brown, a/k/a Deanne Bernadette Brown, a/k/a Deanne Brown, a/k/a D.H. Brown, a/k/a Deanne B. Trout, a/k/a Deanne Bernadette Trout, a/k/a Deanne Trout, a/k/a D. B. Trout, a/k/a Deanne Bema a Dauenhauer Wogan, a/k/a Deanne B. Dauenhauer, a/k/a Deanne Dauenhauer, a/k/a Deonne adette F)auenhauer , Deceased. My commission expires: 11115 05 Witness my hand and official seal. 101158005 08/30/2005 7:03:13 PM ej DF File No.: 735-H0064404.025-COO, Amendment No. I Owner's Extended Coverage "OEC" COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Heritage Title Company ASAGENTFOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company, through its agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy, to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end- Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: • The Provisions in Schedule A. • The Requirements in Schedule B-1. • The Exceptions in Schedule B-2. • The Disclosures and Conditions contained in this Commitment. • Endorsement 130.3 (Inflation) will be attached to the Plain Language Owners Policy. This Commitment is not valid without SCHEDULE A and Sections I and 2 of SCHEDULE B attached, or if the land is other than a 14 Family Residential land. First American Title Insurance Company tittt5 %N By President D0.yp ~49C By v✓ / ✓ Secretary EEfiEMBE11e, y tL 61 ? By Countersigned ~'r4L/F[IRd~F~ a•d 9LSS-986-E0E saiq-tadoid dnJFH dBOt90 90 60 Jew 08130/2005 7:03:13 PM ej DF File No.: 235-H00644114.025-COO, Amendment No. I CONDPPIONS 1. DEFMI TIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to state law where the land is located.. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. INTERVENING DEFECTS The Company hereby insures against loss or damage by reason of there being recorded any deeds, mortgages, lis pendens, liens or other title encumbrances which first appear in the public records subsequent to the effective Date of Commitment, but prior to the effective Date of Policy. "Public records" as used herein means those records in which under statutes deeds, mortgages, judgment liens or lis pendens must be recorded in order to impart constructive notice to purchasers of the land for value without knowledge. The Company does not insure against such loss or damage if the existence of such deeds, mortgages, lis fenders, liens or other title encumbrances is actually known to the proposed insured prior to or at the time of closing. The closing is defined herein as being the time of the execution and delivery to the proposed of the documents creating the interest of the proposed insure. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any toss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: • comply with the Requirements shown in Schedule B - Section I or • eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the (and must be based on this Commitment and is subject to its terms. DISCLOSURES SPECIAL TAXING DISTRICT NOTICE The subject Ind may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdictio,e-shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its affect upon your ownership. Ask your title company representative for assistance with this issue. E-d BLSS-966-606 sa13Jad0Jd dnJRH d60t90 90 60 Jew First American Heritage Title Company COMMITMENT SCHEDULE A Commitment No: 235-H0064404-025-COO, Amendment No. 1 1. Commitment Date: August 24, 2005 at 8:00 A.M. 2. Policy or policies to be issued: (a) Plain Language (OEC) Owners Policy (b) Loan Policy To Be Determined Policy Amount Proposed Insured: $ 200,000.00 Proposed Insured: $ 171,000.00 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Kenneth F. Wilhelm and Sharon Ann Gerard 4. The land referred to in this Commitment is described as follows: Lot 4, Reed Street Subdivision, Except easements described in Book 673, Page 541, the Plat of which is recorded in Plat Book 9 at Page 13 of the Jefferson County Records, County of Jefferson, State of Colorado. The land described in this commitment was transferred by vesting deed recorded on May 02, 2005 at Reception Slumber 2005012420. (for informational purposes only) 4385 Reed Street, Wheat Ridge, CO 80033 PREMIUM: Owners Policy Hold Open 08/30/2005 7:04:23 PM ej DF $264.00 Bundled Loan Policy $86.00 5350.00 b'd 9L99-966-606 sai-4jadoid dnJaH dII;90 90 60 jeW 08/302005 7:03:]3 PM ej DF Form No. 1344~3]1I (CO-88) ALTA Plain Language Commitment File No.: 23SH006G604.025-COO, Amendment Na. I SCHEDULE B - Section I Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured, b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. e. The Agent must conduct the closing of the transaction to be insured under this Commitment or properly executed instruments creating the estate or interest to be insured must be delivered to the Agent issuing the Commitment within 24 hours of the closing. f The following documents satisfactory to us must be signed, delivered and recorded.: 1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule A, Item 2a. Z. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A, Item 2 b. NOTE: This property does not require an Improvement Location Certificate to provide survey protection. N )T& IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER ;;HALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). i,-d 9L9S-9BG-E0E sai4jecloid dnJRH dB0:9D 90 GD JeW 08/30/2005 7:03:13 PM ei DF Form No. 1344-132 (CO-88) ALTA Plain Language Commitment File No.: 235-H0004404-025-C00, Amendment No. 1 SCHEDULE B - Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or payable. 2. Covenants, conditions. and restrictions, which do not include a forfeiture or reverter clause, set forth in the instrument recorded on May 22, 2005 in Book 673 at Page 541 and any amendments thereto. Provisions regarding race, color, creed, and national origin, if any, are deleted. a. An easement for utility, drainage and incidental purposes over the 5 feet wide along all rear and side lot lines of the land. NOTE FOR RESIDENTIAL BUNDLED LOAN POLICY: Unless stated contrary herein, the Company will incorporate and provide the following ALTA/Colorado endorsement(s) to ALTA Short Form Residential Loan Policy (Form No. 1058) or ALTA Expanded Coverage Residential Loan Policy (Form No. 1495). Endorsement 100 (Comprehensive Lender) Endorsement 4.1 (Condominium) Endorsement 5.1 (Planned Unit Development) Endorsement 9 (Restrictions, Encroachments, Minerals) Endorsement 116IMP (Designation of Improvements) Endorsement 116.5 (Scrivener Error) Endorsement 8.1 (Environmental Protection Lien) Endorsement 6 (Variable Rate) Endorsement 6.2 (Variable Rate - Negative Amortization) Endorsement 7 (Manufactured Housing) Endorsement 122.2 (Revolving Line of Credit) Endorsement 122.8 (Balloon Mortgage) Endorsement 122.10 (Reverse Mortgage) Tax Certificute or Tax Status Letter Endorsement Other: ( ) S'd 9L95-986-EOE sailiedo.2d dnJRH d60t9o 9o 6o Jew 9 25 OS 04; 15F Harup Properties 303-986-5676 p.I After Recording Return lo: Kenneth Wilhelm 2601 S. Quebec Street g9 Dcnvcq CO 80231 A POWER OF ATTORNEY MAY AFFECT YOUR LEGAL RIGHTS, LEGAL ADVICE SHOULD BE OBTAINED IN THE DRAFTING OF ANY POWER OF ATTORNEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: THAT, I, Sharon Ann Gerard of the County of Jefferson State of Colorado reposing special trust and confidence in Kenneth F. Wilhelm of the County of Jefferson State of Colorado , have made, constituted and appointed, and by these presents do make, constitute and appoint Kenneth F. Wilhelm to be my true and lawful attomey4n-Fact, to act for me and in my stead, and to sell and convey the following property: An undivided 50% interest in and to: Lot 4, Reed Street Subdivision, except easements described in Book 673, Page 541, the Plat of which Is recorded in Plat Book 9 at Page 13 of the Jefferson County Records, Jefferson County, State of Colorado. AKA 4385 Reed Street, Wheat Ridge, CO 80033 or any interest in said land for such price as to my agent may seem advisable. My agent is hereby authorized to sign, seal and deliver, as my act and deed any contract, deed, or other instrument in execution of any agreement for sale made by me or my agent. in such manner that all my estate, right, title and interest in said land may be effectually and absolutely conveyed and assigned to the purchaser thereof, ]its, her, or its heirs, successors and assigns forever, or to such other person or entity as purchaser may name or appoint; and I hereby declare that any and all of the contracts, deeds, receipts or matters, and things which shall be by my said agent given, made or done for the aforesaid purposes shall be as good, valid, and effectual as if they had been signed, sealed and delivered by me in my own proper person; and I hereby undertake at all times to ratify whatsoever my said agent shall lawfully do or cause to be done in or concerning the premises by virtue of these presents. My agent is hereby authorized to receive the consideration or purchase price arising from the sale of such land or any interest therein, and to give good receipt therefore, which receipt shall exonerate the person paying such money to my agent from looking to the application, or being responsibb for the loss or misapplication thereof. This power of attorney shall continue to be effective even though I become disabled, incapacitated, or incompetent. -If said consideration should be paid by check or draft, my said agent is hereby authorized to endorse and cash said check or draft and collect the proceeds thereof, whether the same be made payable to me or to my agent, Kenneth F. Wilhelm as my attorney-in-fact. 'STRIKE IF THIS AUTHORITY IS NOT GIVEN. My anorney4ra-fact may not delegate the power constituted in them by this power of attorney despite any contrary provisions of any applicable law orregulation. ri IN WITNESS WHEREOF, I have hereunto set my hand and sd t 's ri day of ;`t~ 1 4(05. Sharon Ann Gerard' STATE Of COLORADO 1 COUNTY OF JEFFERSON }SS: The foregoing inslrumentwas acknowledged before me this by Sharon Ann Gerard - - c-F day of J<CR...' 2005 Ij Witness my hand and official seal' r.,,,?.`.,t( My Commission expires: ' Y~u ~Y - L c 4'o11;ELM . > Notary ublic POASLR P fAb ll r Escrow No. 236-HO043239-025-JW - rover o bornyySe e h.f 9'd 9L9S-9B6-EOE salzdadoJel dnJFH d6ot9O 90 60 Jew 03/15/2006 14:49 3034631913 PRIVATE FAX PAGE 02 iMPTM O. F1393397 PAGE FEES i2c25.00 DOC.FEEi~00121.00 RECORDED IN JEFFERSON COt1NTY7 COLORADO P)ERSONAI, REPRESENTATIVE'S (TESTATE ESTATE) ,^30 DOOumardary Fee Date TMS DEED is made by Beth A- Dougherty as Personal Representative of the Estate of Steve B46ich, 11 (an unmarried person), deceased, Gtautor, to Tkacy D. Levstik, whose address is 4365 Rr.,ed Strwt,'Wheatridge, Colorado 80033, Grantee (an unmarried person)- VAIFREAS, Grantorwas dulyappointedpersonal Representative ofsaid Estate bythe District Court in and for the County of Jeterson, State of Colorado, Probate No. O1PR0569, on June 12, 2001 and is now qualified and acting in said capacity. TIdEREFOR.E, pursuant to the powers conferred upon Grantor by the Colorado Probate Code and decedent's W114 Grantor in and forthe consid=tion of rwo Hundred Ten Thousand Dollars ($210,000,00) in band paid to said Grantor, does hereby sell, convey, assigk transfer and set over unto Grantee, the £ollowinq described real property situate in the County of Jefferson, State of Colorado- Lot 5, Reed Street Subdivision, County of refferson, State of Colorado Also known as: 4365 Reed Sttee~ Wheaptidge, Colorado 80033 With all appurtenances, free and clear of liens and encumbrances except 2001 and subsequent years taxes and all other covenants, easements, resttialons of record and encumbrances Executed thttIZ- day of December, 2001. rk1SCILLA EMERSON LICHT / "~iOTARvPUBLIC Beth A Aoughesty ' Pe STATE OF COLORADO Estateof3teveBarbtch, Il .•-aeinn `=Kq~rea ow. a, 2005 STATE OF COLORADO CITY & COUNTY OF DENVER ~ss Thefot'egoiuginstrument Wasacknowledged before me e'L A,DaughartyasPersonalRepresentative oftheEstate ofSteveBarbbicb,TI(animoty Od 2001,msedh y n), decoeased. Palm Witness my hand and offxial seaL -"--7 ` my cornm • exAtres. l , 4" NotaryPublzc ` AtMLIII-t6 J~ot~t¢!r/ oy.. MW W RMOM of TRUE copy ~ ~M uTnoY. Arm ~i~reow 'IN V A~RTYDO3titAtmxECOSp<7t 13KPM CAW 03/15/2006 14:49 3034631913 Phone: 303-475-1072 F To: ion: Hirt umber. -235-2857 URGENT Reply ASAP Number of pages including cover Comments: PRIVATE FAX PAGE 01 Fax Cover SERVICE BY rray cevgac, Far: 303-463-1913 Wheat Ridge Colorado Levstik Deed March 1 ® For your information U Please review 11 Please call 2 Case No.: LLA0601 Quarter Section Map No.: E23 App: Last Name: ilhelm _ Related Cases: App: First Name: Kenneth Case History: Lot line adjustment... Owner: Last Name: V ilhelm Owner: First Name: Kenneth & Sharon 0 App Address: S b # 601 . Que ec, 9 Review Body: dm. City, State Zip: Denver, CO 80231 _ _ App: Phone: 03-759-1184 _ APN: 9-234-02-004 Owner Address: 85 Reed St. 2nd Review Body: City/State/Zip: heat Ridge, CO 80033 2nd Review Date: Ph O W wner one: I , Decision-making Body: Project Address: 385 Approval/Denial Date: Street Name: Reed Street - CitylState,Zip: heat Ridge, 0080033 Reso/Ordinance No.: Case Disposition: Project Planner: Crane File Location: ctive Notes: Follow-Up: JPF~'.l3' ® V ~6n8WU°UNni i1-6WPhi ~b. Ken Wilhelm PRESIDENT Mi9o3 597 3-10J' 5555 DAHLIA STREET BUS. (303) 288-2613 COMMERCE CITY. COLO. 80022 RES. (303) 759-1 184 Conditions of Approval: District: II _ Date Received: /812006 Pre-App Date: 1/12/2006__ _ HFAi FrIn - 7e - 'VNis i V m QO40R.p~O..... Wheat Ridge Community Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: January 12, 2006 Attending Applicant(s): Kenneth Wilhelm 4385 Reed Street Wheat Ridge, CO 80033 303.759.1184 Alan Hyrup Metro Brokers, Inc. 355 Union Blvd, Suite 10 Lakewood, CO 80228 303.986.7732 Attending Staff: Meredith Reckert, Jeff Hirt, Dave Brossman Address or Specific Site Location: 4365-4385 Reed Street Existing Zoning: Residential-Two (R-2) Existing Comp. Plan: Single Family - Not to exceed 4 dwelling units per acre (SF 4) Applicant/Owner Preliminary Proposal: Submit lot line adjustment involving two properties, 4365 and 4385 Reed Street. Will a neighborhood meeting need to be held prior to application submittal? NO Planning comments: The applicant/property owner of 4385 Reed Street wishes to release the western approximately 75 feet of his lot to the owner of the property to the south, which would entail completing a lot line adjustment. The subject properties are zoned Residential Two (R-2), which does allow for single and two family dwellings depending on lot size and lot width requirements. As a result of this request, no lots will become nonconforming in this regard, nor will there be any lots created which would consequently allow for a two family dwelling. The applicant must complete a lot line adjustment, which in this instance will be an administrative process (no public hearing). The steps involved include submittal of a signed, notarized land use application, $300 fee, proof of current ownership for both properties involved, and submittal of a survey plat which illustrates the change in lot configuration. Of note is that on the plat, the owners of both properties must sign in approval of the plat. Once complete, the plat will be recorded with Jefferson County; at this point it becomes official. Public Works comments: None at this time, comments will be made after plat is submitted. Building comments: Not in attendance, comments mayl be made after receiving submittal package. Streetscape / Architectural Design comments: None Other comments: Phone Numbers Meredith Reckert - Senior Planner Travis Crane - Planner Dave Brossman - Development Review Engineer Jeff Hirt - Planning Technician Chad Root - Building Official 303-235-2848 303-235-2849 303-235-2864 303-235-2845 303-235-2853 2 0 20 40 Feet /--6 - o C-i vj4kl--"Y-) fi c_0ZvvL 4A)J~ , 75 x '741 ,ft n 5. .Q,'5't 41~ w (1' Sk' Hyrup Properties 355 Union Boukward, Suite 10 Lakewood, Colorado 80228 0 ® Independent Companies Working Together Home Office: 303-986-7732 Cell Phone: 303882-3956 Alan Hyrup Broker/Owner Office Phone: 303-987-0404 www.AlanHyrup.com Home Fax: 303-986-5676 Email: house4u2Qcomcast.net mein Ki i PIMA! IN 'D W Y'A~M T Rrl-' I~.~i Lll)Itl _..L 00,1 u10 ISL.. ^rn,; ; yep-sv-u5 11:ZUL\ LULU tN[i"N NUKV-U 303/bluu4l P.uz COLORADO ENGINEERING & (N) SURVEYING, INC. Srww.eopwxmn 3470 S. S"ERMAN ST 92 • EN®.EWOOD, CO. 80x}3 t SCALE 1'-40' Setrveyi'W CaO a[fa 511)ce 1372 • FAX: (33) 761-0841 ft 4a7 5 t!~ j a i!F?kA'tT N e Y / i jYIfI e f l~ / 4 i S Not": 1) COVERED COYCRFTF UN ON-M SIBdFcT PROPERTY mii mmOW N ~vr 7_ N44 k .y C ru a 0 k~ i-~ 2xa.fz LEGA), DF-SC..RIMON: LOT 4, REED STREET SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO ALSO KNOWN AS 4385 REED ST -e.0 Nibs NO. X005-OM4 WHATELM (303) 76144155 e. r / i i ~t t' Uk d aka $1LL~ { ci~ 119.04 Fl~CO GkAL6YAiwa. T•'S(4~rvpw;, 00lSWii9s NNbfalfdCfC+BaCth~a~X ttG~et7lbQIDi~YMMe Ctloa{IYOY~ ••'aTSA~ r nertm cetteY tortane pvpeq anermd.nem l4 Nnil.Z+4N.ue:naR++ama.6eoraaCtr,.[m•n Am•+Ht•m..mc.vwrromrwavu rmenosFmst-vie or,k FeYFaI cme,m weweemieQenn Neat. a...... vrai S1Aift74 E}?id-P City of Wheat Ridge of ""Eq' Community Development Department m Memorandum cOC ORA~~ TO: FROM: SUBJECT: DATE: Alan White Meredith Reckert Travis Crane Chad Root Jeff Hirt 1/12 Pre-Application Meetings January 9, 2006 Steve Nguyen Dave Brossman Tim Paranto One additional pre-application meeting has been scheduled for Thursday, January 12, 2005. • At 3:00, Ken Wilhelm is the applicant for the properties located at 44th and Reed Street. See attached narrative, survey and aerial photograph. Also, recall the other pre-application meeting on January 12, which information has already been distributed for: At 2:00, Craig Caldwell is the applicant for the property at 7340 West 44th Avenue. See attached letter and site plan. J x: G N v~ d' Y+- J vz N N t N. rE 6'- STFEET -_-.--e. E~q W N 0 q 'U 4• N n i ~:Ee In In I~ o m s m Cn y f m y 2 N w C m A Q I~ I< ~m Cn ~ O Im 3 iz L1