The URL can be used to link to this page

Home My WebLink AboutLLA-08-04D $06000 Oda 2009016075 AGR PUBLIC IMPROVEMENT AGREEMENT THIS AGREEMENT made this 20th day of February, 2009 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and 70 WBC, L.L.C. (the "Developer"), together referred to as the "Parties". RECITALS: J~ The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A attached hereto and made a part hereof (the "Property"), commonly known as Lots 1 and 3, 70 West Business Center Subdivision Filing No. 5. On February 20 , 2009 the City of Wheat Ridge, after the required review process, approved a Lot Line Adjustment Plat for the Property located at Lots 1 and 3, 70 West Business Center Subdivision Filing No. 5. The approvals cited above are contingent upon the express condition that the Developer faithfully performs all duties created by this Agreement. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the terms and conditions for development of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. 2. Other Requirements. See Exhibits B and C attached hereto. 3. Title Policy. If applicable, title commitment for the Property shall be provided to the City. The title commitment shall show that all property to be dedicated to the City is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable). The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. 4. Breach by the Developer: the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers PUBLIC IMPROVEMENT AGREEMENT 04/03 02/24/2009 02:53:23 PM 11 Page(s) Jefferson County, Colorado and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph. The Developer may cure the breach described in the notice during said thirty-day period. 5. Public Improvements and Warranty. All storm sewer lines, drainage structures, paved streets, curb, gutter and sidewalk, and necessary appurtenances as shown on the associated construction documents (the "Public Improvements" or "Improvements") as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the time frames and terms set forth on Exhibit B. The Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works, hereinafter" Director', the terms and time frames for construction of the Improvements and costs of these Improvements are set forth on Exhibit B attached hereto and incorporated herein. All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and construction standards for such improvement and approved by the Director. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the construction documents by the Director. . The Developer shall warrant any and all Public Improvements for a period of two (2) years from the date the Director certifies that the Public Improvements conform to the specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: (a) That to the extent any of the improvements are conveyed to, and accepted by the City, the title conveyed shall be marketable and its transfer rightful; (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and PUBLIC IMPROVEMENT AGREEMENT 04/03 (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s). The City will finally accept for maintenance all Public Improvements after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 6. Observation Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. The City shall make approval only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director and his authorized representatives shall have free access to the work at all times. The Director, or his designee, will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine if the work is being performed in accordance with the plans and specifications. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 7. Completion of Public Improvements. The obligations of the Developer provided for in paragraph 5 of this Agreement, including the inspections hereof, shall be performed upon the approval of the Building Permit Application(s) as set forth in Exhibit B, and proper application for acceptance of the Public Improvements shall be made prior to the request for the Certificate of Occupancy. Upon completion of construction by the Developer of such Improvements, the Director or designee shall inspect the Improvements. The Developer shall make all corrections necessary to bring the Improvements into conformity with the approved documents. Once approved by the Director, the City shall accept said Improvements upon conveyance. PUBLIC IMPROVEMENT AGREEMENT 04/03 8. Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City. Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developers Improvements caused by negligent or willful acts of Developer, its agents or subcontractors. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. Developer shall at all times take necessary precautions to ensure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary. 9. Related Costs - Public Improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense. If applicable, a final drainage letter certified accurate by a professional engineer registered in the State of Colorado shall also be submitted at the request of the Director. 10. Improvements to be the Property of the City. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be the property of the City following acceptance by the City, as provided above. 11. Performance Guarantee. In order to secure the construction and installation of the Public Improvements the Developer shall, prior to issuance of a building permit, furnish the City, at the Developer's expense, with the Performance Guarantee described herein. The Performance Guarantee provided by the Developer shall be an irrevocable letter of credit in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the estimated costs of the Public Improvements to be constructed and installed as set forth in Exhibit B to secure the performance and completion of the Public Improvements as required by Section 26-110, of the Wheat Ridge Code of Laws. An irrevocable letter of credit shall be supplied to the City within ninety (90) days of the execution of this Agreement in the amount and form approved by the City. Failure of the Developer to provide an irrevocable letter of credit to the City in the PUBLIC IMPROVEMENT AGREEMENT 04/03 manner provided herein shall negate the City's approval of this Agreement. Letters of credit shall be subject to the review and approval of the City Attorney. The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to, staking, earth work, overlot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. The estimated costs of the Public Improvements shall be a figure mutually agreed upon by the Developer and the Director, as set forth in Exhibit B attached hereto. If, however, they are unable to agree, the Director's estimate shall govern after giving consideration to information provided by the Developer including, but not limited to, construction contracts and engineering estimates. The purpose of the cost estimate is solely to determine the amount of security. In the event the Public Improvements are not constructed or completed within the period of time specified by paragraph 7 of this Agreement or a written extension of time mutually agreed upon the parties to this Agreement, the City may draw on the letter of credit to complete the Public Improvements called for in this Agreement. In the event the letter of credit is to expire within fourteen (14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of credit and either hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems with the Public Improvements as the City deems appropriate. Upon completion of performance of such improvements, conditions and requirements within the required time, the Developer shall issue an irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements, to be held by the City during the warranty period. If the Public Improvements are not completed within the required time, the monies may be used to complete the improvements. 12. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City, if any, and shall indemnify and hold harmless the City for any property tax liability. 13. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions PUBLIC IMPROVEMENT AGREEMENT 04103 on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 14. Third Party Beneficiaries. There are and shall be no third party Uf beneficiaries to this Agreement. 15. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 16. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 17. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 19. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 20. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof; all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 21. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 22. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the PUBLIC IMPROVEMENT AGREEMENT 04/03 Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. 23. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Developer: c/o Dwaine Richter 4505 S. Yosemite Street #371 Denver. CO 80237 Notice to City: Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 24. Force Maieure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 25. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 26. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. 27. Title and Authority. The Developer, 70 WBC, L.L.C., a Colorado limited liability company, expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. 4 PUBLIC HvIPROVEMENT AGREEMENT 04/03 WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. By: A7TES-F: ` i Michael Snow, City Clerk AS TO FORM: Dahl, City Attorney CITY OF WHEAT RIDGE, COLORADO Jerry ullio, mayor STATE OF COLORADO i n ) COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 20, by•..~•.,,a•„s~'1~,~.L,fea , as j4-a~..of 7c) Lo Witness my hand and official seal. rev • -:rW *40 (SEAL) Loll commission expires: 04;2V i Notary Public PUBLIC IMPROVEMENT AGREEMENT 04/03 Public Improvements Agreement Exhibit A Lots 1 and 3, Block 1, 70 West Business Center Subdivision Filing No. 4 as platted in the records of Jefferson County at Reception Number F0901318 on July 18, 2005, situated in the NW 1/4 of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, in the City of Wheat Ridge, Jefferson County, Colorado, more particularly described as follows: Commencing at the SW comer of the NW 1/4 of said Section, Thence N89°29'29"E along the south line of said section, 632.77 feet; Thence NO°30'31 "W, 248.33 feet to the southwest corner of said Lot 3 being the True Point of Beginning; Thence along the east and south lines of Youngfield Service Road through the following five courses: 1) Nl°01'13"W, 271.39 feet to a tangent, 85.00-foot radius curve; 2) Northeasterly along said 85.00-foot radius curve (having a chord length of 120.67 feet and a chord bearing of S44°11'53"W) concave southeasterly through a central angle of 90°26'12", a distance of 134.17 feet; 3) N89°24'59"E, 270.84 feet; 4) NO-35'10"W, 25.50 feet; 5) N89°24'59"E, 25.00 feet to the west right-of-way line of Interstate 70; Thence S6°16'59"W along said west line, 205.47 feet to the south line of said Lot 1; Thence S89°29'29"W along last said south line, 163.73 feet to the east line of said Lot 3; Thence SO°30'31 "E along last said east line, 179.00 feet to the south line of said Lot 3; Thence S89°29'29"W along last said south line, 190.23 feet to the Point of Beginning. Said parcel contains 98,639 square feet, or 2.26 acres, more or less. EXHIBIT B Public Improvement Construction Timeframe Lot 1: Sidewalk Construction Upon approval of a Building Permit Application for Lot 1, 70 West Business Center Subdivision Filing No. 5, the sidewalk shall be completed along the Youngfield Service Road frontage for \ Lot 1. The design of the sidewalk shall be submitted for review and approval by the City in connection with the Lot 1 Building Permit Application. An itemized cost estimate for said sidewalk must be submitted for review and approval and a performance guarantee provided in the amount of 125% of the approved cost estimate, per the terms set forth in paragraph 1 I of the Public Improvement Agreement for the 70 West Business Center Subdivision Filing No. 5 Lot Line Adjustment Plat. The Certificate of Occupancy may be withheld until such time as said sidewalk has been completed and final acceptance by the City has been given. Lot 3: Drainage Improvements Upon approval of a Building Permit Application for Lot 3, 70 West Business Center Subdivision Filing No. 5, all drainage-related improvements, both onsite and offsite, must be completed in accordance with the approved Final Drainage Report which shall be submitted for review and approval by the City in connection with the Lot 3 Building Permit Application. Prior to issuance of the Building Permit, an itemized cost estimate for said drainage improvements must be submitted for review and approval, and a performance guarantee in the amount of 125% of the approved estimate shall be provided per the terms set forth in paragraph 11 of the Public Improvement Agreement for the 70 West Business Center Subdivision Filing No. 5 Lot Line Adjustment Plat. The Certificate of Occupancy may be withheld until such time as said drainage improvements have been completed and final acceptance by the City has been given. Street Improvements Upon approval of a Building Permit Application for Lot 3, 70 West Business Center Subdivision Filing No. 5, the Developer shall be obligated to construct curb, gutter, sidewalk and asphalt paving or patching along the entire frontage of Lot 3 with the current Youngfield Service Road on the west and north, to be constructed so as to connect to such improvements on Lot 1. The design of such improvements shall be submitted for review and approval by the City in connection with the Lot 3 Building Permit Application. At such time as a Building Permit Application is approved, an itemized engineer's cost estimate must be submitted for review and approval, and an escrow of funds in the amount of 125% of the approved estimate amount shall be provided in lieu of construction of said improvements. The Certificate of Occupancy may be withheld until such time as said street improvements have been completed and final acceptance by the City has been given. Sheet I of 4 EXHIBIT C Right-of-Way Reservation Lot 3: The Right-of-Way reservation shown as on the westerly portion of Lot 3, 70 West Business Center Subdivision Filing No. 5, corresponds to Parcel 203 found on Sheet 5 of the Colorado Department of Transportation ROW Plan of Proposed Project No. CC M361-004 Cabela Drive at 32"d Avenue, as shown on Sheet 2 of Exhibit D. This reservation precludes private development of the area and is to enable future enlargement of Youngfield Service Road as a collector street; provided however, the area is not to be nor is hereby dedicated to the City; title to this area shall remain in the Developer, who shall retain the right to convey the same for value to the Longs Peak Metropolitan District or any other entity ultimately constructing such collector street. Sheet 1 of 2 City of `3" WheatRdge COMMUNI"ry DEVELOPMENT City of Wheat Ridge Municipal Building February 20, 2009 Dwaine Richter 70 WBC, LLC 4505 Yosemite Street #371 Denver, CO 80237 Dear Mr. Richter: 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please let this letter serve as confirmation regarding allowed freestanding signage on Lot 1, 70 West Business Center Subdivision filing No. 5. Pursuant to the original 70 West Business Center combined Preliminary and Final Development Plan recorded on August 13, 1984 at Reception #84076365, each commercial lot is allowed to have one freestanding sign. The freestanding sign area for each of Lots 1, 2 and 3 is specified as 250 square feet. Lot 1, 70 West Business Center Subdivision Filing No. 5 was originally Lot 2 and therefore, is entitled to a 50' high sign with 250 square feet of sign copy. The proposed Denny's sign as shown on attached Exhibit A depicts a sign face size of 126 square feet, leaving a remaining 124 square feet of remaining signage on this sign pole. All final sign designs must be approved and permitted with a sign permit from the Community Development Department. If you have questions, feel free to contact me at 303-235-2848. Best regards Meredith Reckert, AICP Senior Planner www.ci.wh eatridge.co. u s M~ ti 11.1 _1- o] 0 rn m S. m 3 0 6 v _ J~ O p , c z ~ N G ~ w o ~ c Y A LL ~ 4 LGi o ~ ~ a rn ~ - O f O C ~ y T T o ~ O q d ~ r« J CC 4~ r S a Q O 4 IA J y ~ G (V z c = m m rn o m ~ J = o z N U m a w a h 1~ K.s 4 ' tyd _ i9= 4 a c 0 y ~p N n£ r p a = Ot " ~ ~ UI „ a y 3{11 Y T ~ 3 m a •m« iao W O N J a a amy ~ r r w. N 7 O ~ ~ C pd O _ • ~ 6 a a U c O y at a~v >v c y a ~ ~ a d a tli G R a « 'o fn _rn a ~ N •~q ¢ s D c - yo m a V Y 6 U1 - 6 N U a O C (n U N .C M M N WOO N m d O - ONfn VI L N a m= o m N = - U 0 1 o 41 I City of WheatRdge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 February 20, 2009 Mr. James T. Jones, P.E. & P.L.S. Jones Engineering Assoc., Inc. 2329 West Main Street, Suite 105 Littleton, Colorado 80120 Re: Second Review Comments of the 70 West Business Center Subdivision Filing No. 5 LLA Plat. Dear Mr. Jones, F: 303.235.2857 I have completed the second review of the above referenced Lot Line Adjustment Plat for the parcels located at Lots 1 and 3, 70 West Business Center Subdivision Filing No. 4 received on February 20, 2009, and I have the following comments: Final Plat: 1. There is one minor change to be addressed prior to the recordation of the Mylar®: a. The County Reception Number for the 30' Cross-Access Easement along the easterly line of Lot 1 needs to be shown on sheet 2. 2. All other previous comments have been addressed; the plat is hereby approved. The above- mentioned reception number must be added prior to recording the Mylar®. OTHER: 1. Escrow of Funds and the Construction of Public Improvements Please be advised that upon approval of a Building Permit Application for either Lot 1 or Lot 3 of the 70 West Business Center Subdivision Filing No. 5, the public improvements shall be fully completed, or an escrow of funds shall be taken in lieu of construction, pursuant to the terms set forth in the Public Improvement Agreement dated February 20, 2009. 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 Meredith Reckert, Senior Planner File ww .chwheatridge.co.us 1~ ® r r A RE PURPOSE STATEMENT a A m THE PURPOSE 0~` THIS SU801ViSI0N IS TO RELOCATE THE LOT LINE SEPA ANO LOT 3 OF BLOCK 1, 7Q WEST BUSINESS CENTER SUBDIVISION FILING ~C i LEGAL DESCRIPTION AND DEDICATION 1 WE, 70 WBC, L.L.C. BEING THE OWNERS OF REAL PROPERTY CONTAINING FOLLOWS: LOTS 1 AND 3, BOCK 1, 70 WEST BUSINESS CENTER SUBDIVISION FILIN THE RECORDS OF JEFFERSON COUNTY AT RECEPTION NUMBER F0901318 MITI IATFII IN THE N(1RT1-ItN~CT nN~_ni ieQrco nc ccn-r~n~~ ~n ~'n►~~r.~cu~n OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF WHEAT RIDGE, JEFFERS MORE PARTICULARLY DESCRIBED AS FOLLOWS: w o JAMES T. JONES, PROFESSIONAL LAND SURVEYOR ' REGISTRATION NUMBER 19606 COMMENCING AT THE SW CORNER OF THE NW 1 j4 ~F SAIO SECTION, FOR AND ON BEHALF OF JONES ENGINEERING ASSOCIATES, IN CITY CERTIFICATION THENCE N89'29'29"E ALONG THE SOUTH LINE OF SAID SECTION, 632.77 THENCE NO'30'31 "W, 248.33 FEET TO THE SOUTHWEST CORNER OF SAID POINT OF BEGINNING; t THENCE ALONG THE EAST AND SOUTH LINES OF YOUNGFIELD SERVICE R0 FOLLOWING FIVE COURSES: 1) N1'Ot'13"W, 271.39 FEET ?0 A TANGEIWT, 85.00-FOOT RADIUS CURVE; ~tr . 2j NORTHEASTERLY ALONG SAID 85.0-FOOT RADIUS CURVE (HAVING A FEET ANO A CHORD BEARING OF S44'11'S3"W) CONCAVE SOUTHEASTERLY APPROVED THIS DAY OF 20 BY THE ,ATTEST ANGLE OF 90'26'12", A DISTANCE OF 134.17 FEET; 3) N89'24'S9"E, 270.84 FEET; 4) NO'35'10"W, 25.50 FEET; 5) N89'24'S9"E, 25.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF INTER THENCE S6'16'S9"W ALONG SAID WEST LIME, 205.47 FEET TO THE SOUTH ~ PANEL N0. 080509 ~i+ THENCE S89'29'29"W ALO~1G BAST SAID SOUTH LINE, 163.73 FEET TO THE DATED JUNE 17, 2Q03 THENCE SO'30'31 "E ALONG LAST SAfD EAST LINE, 179.00 FEET TO THE S THENCE S89'29'29"W ALONG LAST SAID SOUTH LINE, 190.23 FEET TO THE AGENCY THE SUBJECT CITY CLERK MAYOR t'~.~~e~_CC'~ ww1V n~ ~n~ ~n SAID PARCEL CONTAINS 98,639 SQUARE FEET, OR 2.26 ACRES, MORE OR 6 y ~ AND HAVE IAID OUT, SUBDIVIDED AND PLATfEO SAID LAND AS PER THE D CONTAINED UNDER THE NAME AND STYLE OF 70 WEST BUSINESS CENTER N li i AID d'~s asW • wes A RESUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO A DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OW FRANCHISED UTILITIES AND SERVICES THOSE PQRTIONS OF REAL PROPERT EASEMENTS FOR THE CONSTRUCTION, INSTALI~ITION, OPERATION, MAINTENA REPLACEMENT FOR AL.L SERVICES. THIS INCLUDES 8UT IS NOT LIMITED T ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANT AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES I IUMENT OR ACCESSORY, DIRECTOR OF COMMUNITY DEVELOPMENT T T~ STATE TATU TE ~u 70 WBC, L.L.C. 1 COMMENCE ANY LEGAL DIRECTOR OF PUBLIC WORKS il~ WITHIN THREE YEARS L, EVENT MAY ACTION 8Y: OWAIN R. ICH MANAGER UENCED MORE THAN SHOWN HEREON. ECTION 29 BEARS v STATE OF COLORA04 ) IT IS MONUMENTED CLERKAND RECORDER'S ~ERTIFICA'T SS COUNTY OF JEFFERSON ) . y u~ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS v- - r~ 1 _DAY aF A.D. 20 BY ..a i WITNESS MY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES: N Y LI 5 - K' S.E - rv~~i~vIV11VLHl.t.ul[HLT a1HiVUAKUJ Vt Iht I-tUtFtAL CitU SUBCOMMITTEE (FGDC-STD-077.2-1998). L ULUU I IC CONTROL CASE N WZ-88-9 CASE NO. WZ-92-11 DATE: NOVEMBER 26, 2008 I 11. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMIT PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH ,.4 CASE NO. WZ-96-3 SHEET I OF 2 LIMITED RIGHTS AND Jt11 Ir%LJ rL1 #'°►tp% f- A r1f- A t"% A e%r- .l ^ . mt ; INDICATED AS "CROSS-ACCESS/INGRESS-EGRESS EASEMEN ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMEN LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUE',' OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AN MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. 70 WEST A RES I =f- I ESLTBDIVISION (~F .LOTS 1 ~?~.ND 3, .BL,C)~'K 1, V~VEST BI,TSINE .LOCA~'.ED IN T.~E NCIRTH~V~EST C)NE-QUAR T(J ~~N~HIP 3 S fJ LATH, ~~41~TGE WEB T CJF THE 6 CITY O►F WHEAT RIDGE, J.E FERS4N C(~Z.T ~r ~ %Jl~/r`"r ~r`~ ~1' / N 703614.2s N$9'24'S9~E E 100662. - 43.27' - - 22757' - i i I ~ ~ ~ ~W~ I I ~~v i I ~ ~ ~ I I.OT UNE AND 5' L~_...-~---------------{- - UTILITY EASEMENTS I HEREBY VACATED - - - - - - - - r-- i i BY THIS PLAT r ~ _ _ ~l I ~ ~ - - - - - N 703437.08 _ - - 64.5' E 100772.32 I ~ ~1 ~ L N$9'2929~.`'`-32.50--'' c,~ ~ ~ M ~ /J~~//ISlrli~l rr1L1~~l~ i`/.r~. r ~ li L., ~l 1, ~i ~ ~ r. ~ ~J~yrr~ ' I 4' DRAINAGE E ~ l`' ~ ~ N ~ 10' UTILITY EASEMENT (REC.# F `l t'~ t 1 I ~ ~ j ~ W 3 10' UTILITY EASEMENT (REC.# F0901318)I I ~ j ` ~l ~ ~ A ({REC. # F0901318} ~ V a i ti i i ti -t Y 1 i I { A I F~ -I ■ I 'v~3_ in DATE: NOVEMBER 26, 2048 N SHEET 2 OF 2 632,77' SOUTH LINE OF THE NW 1 OF SECTION 29 _ N89'29'29"E 2644.95' (BASIS OF BEARINGS) /000000 000~\ \N*N-POINT OF COMMENCEMENT SE COF - .4 d _ - {r JONES ENGINEERING SW CORNER, NW 1/4, SECTION 29, T.3 T.3S., R.69W., OF THE 6TH P.M. (FOUND 3-1/2 BRASS CAP L.S. ASSOC., INC. (FOUND 3--1/2" BRASS CAP L.S. NO. 13212 IN RANGE 80X) (CITY OF WHEAT RI CITY OF WHEAT RIDGE CONTROL POINT 16009 l~~ra N 703002.46 2120 W. Littleton Blvd, Suite 205 E 99953.15 Littleton, Colorado 80120 Phone: 303-738-0283 Fax: 303-738-0285 Page 1 of 1 Meredith Reckert From: Gerald Dahl [gdahl@mdkrlaw.comj Sent: Friday, February 06, 2009 6:06 PM To: Tim Paranto; Meredith Reckert Subject: Richter I have reviewed Diane Davies' letter and have the following reactions: Exhibit C: right-of-way reservation: Diane told me yesterday that they had not heard from Longs Peak in some time, but I know that Tim has information that they are close to a deal. Diane said their real concern was that the language implied that the area was dedicated and thus Longs Peak would not have to pay for it later; I told her that issue could easily be resolved by a plat note saying the area was reserved for potential expansion of the street, but that it remains in private ownership and would have to be acquired for value. I see she did not take that approach, but I think it is still the right one. Location of curb gutter and sidewalk along Lot 3: while it seems inefficient, if the council approval was for the improvements adjacent to the present service road, we really can't make them do them elsewhere, absent amending that approval, which would mean a trip to council. Lots 1 &3 sharinq in cost of expansion to a collector street. I thought we had decided that the uses of lots 1 and 3 would not, of themselves, require a collector street, and are adequately served by the present road. Code 26-110.C does not get us there, I believe, as it contemplates a situation where developer A builds a road now, that developer B benefits from later. So I think that she is right on this one, although development of the office/warehouse lot is another matter. I would like to discuss in person or by phone on Monday. Is any time in the afternoon available? Gerald E. Dahl gdahl@mdkrlaw.com Direct: 303-493-6686 Murray Dahl Kuechenmeister 8s Renaud LLP 2401 15th Street, Suite 200 Denver, CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. 2/9/2009 Page 1 of 2 Meredith Reckert From: Davies, Diane B. [DDavies@faegre.coml Sent: Friday, February 06, 2009 11:43 AM To: gdahl@mdkrlaw.com Cc: Meredith Reckert; Tim Paranto; Dave Brossman; Dwaine Richter Subject: Lot Line Adjustment / Lots 1 and # of Block 1, 70 West Business Center Subdivision Filing No. 4 Follow Up Flag: Follow up Flag Status: Red Attachments: Richter PIA EXHIBIT B (redlined).doc; Richter Public Improvement Agreement (redlined).doc; DNVR-ECOPY34-NE_EXCHANGE_02062009-103633.PDF Gerry, Attached are redlined versions of the the proposed Public Improvements Agreement and Exhibit B, which show our requested modifications. The only changes to the Public Improvements Agreement are to correct the name of the owner/developer, to delete reference to Exhibit C, and to add a phrase to clarify that certain of the proposed public improvements are not anticipated to be dedicated to, or accepted for maintenance by the City. We have deleted Exhibit C, because 70 WBC is not agreeable to including any kind of a right-of-way reservation along the frontage for the proposed Cabela Drive. Longs Peak Metropolitan District (Cabela's) has dropped negotiations for this R-O-W and has shown no further interest in acquiring it. Moreover, the potential for future development of a collector street in the location of the frontage road is already contemplated and addressed in the Final Development Plan, 70 West Business Center Amendment No. 3, which was recorded on July 18, 2005. I've included two pages of the Plan, along with a blown up copy of the first page which notes that the potential for development of the service road to collector standards is the reason for the 53 foot set back included on the site plan for Lot 3. With respect to Exhibit B, we note the change the City made to the first paragraph regarding sidewalks, and appreciate that clarification. We have made some clarifying changes to language regarding drainage. Regarding the provision entitled "Street Improvements", in the provisions for curb and gutter, etc. to be installed in the event of the development of the car wash, we have referred back to the approval for the car wash, and the improvements that are contemplated by the City Council's approval of that project. The curb/gutter and landscaping contemplated in connection with the car wash addresses the current location of the service road. If the service road is subsequently expanded to a collector street, landscaping and curb and gutter installed for the car wash can easily be removed. It makes less sense to us to install curb and gutter in the location of road which may be built many years in the future. To asphalt the area between the existing service road and the curb and gutter in accordance with the Cabela Drive plans creates a 100 foot wide street (or at least a paved area) along one lot, and is an unnecessary expense which may make development of Lot 3 economically infeasible. Finally, we have deleted the provision of Exhibit B which requires Lots 1 and/or 3 to share in the cost of the expansion of the Youngfield Service Road to a collector street. The need for Cabela Drive, or similar road is not related to current or planned development of Lot 1 or Lot 3. 70 WBC, LLC respectfully requests that the lot line adjustment be approved with the Public Improvements Agreement in the attached form. The purchaser of Lot I has received approval of his 2/9/2009 Page 2 of 2 financing, and is prepared to close on February 16, 2009, subject to approval of the lot line adjustment. We appreciate the promptness with which you have responded to our concerns, and look forward to reaching a final resolution quickly. Diane Diane B. Davies Faegre & Benson LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 (303) 607-3658 ddavies@faegre.com From: Tim Paranto [mailto:tparanto@ci.wheatridge.co.us] Sent: Thursday, February 05, 2009 3:10 PM To: Davies, Diane B. Cc: Meredith Reckert; Dave Brossman; gdahl@mdkrlaw.com Subject: FW: Richter SIA (Revised) Diane I have attached the complete improvement agreement along with the Word files to use in red-lining changes, as requested by Mr. Dahl. The first paragraph of Exhibit B has been revised to indicate completion of the sidewalk, not construction of the sidewalk. "Timothy Paranto, P.E. Director of Public Works Office Phone: 30 -235-2860 cit) A heat I idcy - I'4I EL 6C )~i C~R}.k CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your emmpuie3' is connected. Thank you. 2/9/2009 4e City of , Wheatlge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building January 20, 2009 Dwaine Richter 70 WBC, LLC 4505 Yosemite Street #371 Denver, CO 80237 Dear Dwaine 7500 W. 291n Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 This letter is in regard to an application filed by you on behalf of 70 WBC, LLC for approval of a lot line adjustment for property located at approximately 3200 Youngfield Service Road (Lots 1 and 3 of Block 1, 70 West Business Center Subdivision Filing No. 4). I have reviewed the proposed lot line adjustment plat and have the following comments: PAGE ONE 1. The acreage in the dedicatory statement does not match that shown on sheet 2 (2.28 acres v. 1.47 acres). These acreages should be the same. 2. Add the following case number to the case history box: LLA-08-04. 3. Remove the signature block for Planning Commission. 4. Modify the signature block for the Mayor's signature to read as follows: "Approved this day of 20, by the City of Wheat Ridge." 5. Add the attached standard cross access language (attached). PAGE TWO 1. No comments. City of Wheat Ridge Public Works Department: See attached memorandum from Dave Brossman dated January 2, 2009. Consolidated Mutual Water Company: See attached letter from Michael Queen dated December 30, 2008. Xcel Energy: See attached letter from Kathryn Bauer dated January 6, 2009. West Metro Fire Protection District: See attached letter from David Abbink dated January 7, 2009. Northwest Lakewood Sanitation District. See attached letter dated January 6, 2009 from William Raatz. ww wxi.w h eatridgexo.us This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Traffic Engineering Mark Westberg 303-235-2863 Once the changes have been made, please submit five copies of the revised plats. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. incerely, Meredith Reckert, AICP Senior Planner w `q' Minor Subdivision Plat (no dedication) C~CORA~~ SURVEYOR'S CERTIFICATE I, do hereby certify that the survey of the boundary of (subdivision name) was made by me or under my direct supervision and to the best of my knowledge, information and belief, in accordance with all applicable Colorado statutes, current revised edition as amended, the accompanying plat accurately represents said survey. (Surveyor's Seal) Signature OWNER'S CERTIFICATE ]/We, (choose one) being the owner(s) of real property containing _ acres described as follows: Description: (Insert surveyed property description of entire area being platted) have laid out, subdivided and platted said land as per the drawing hereon contained under the name and style of (insert subdivision name), a subdivision of a part of the City of Wheat Ridge, Colorado and by these presents do dedicate to the City of Wheat Ridge and those municipally owned and/or municipally franchised utilities and services those portions of real property shown as easements for the construction, installation, operation, maintenance, repair and replacement for all services. This includes but is not limited to telephone and electric lines, gas lines, water and sanitary sewer lines, hydrants, storm water systems and pipes, detention ponds, street lights and all appurtenances thereto. Owner State of Colorado ) )SS County of Jefferson ) The foregoing instrument was acknowledged before me this _Day of , A.D. 20_ by Witness my hand and official seal. My commission expires: Notary Public PLANNING COMMISSION CERTIFICATION Approved this day of by the Wheat Ridge Planning Commission. Chairperson CITY CERTIFICATION Approved this day of by the City of Wheat Ridge. ATTEST City Clerk Mayor Director of Planning and Development Director of Public Works CROSS ACCESS EASEMENT LANGUAGE The owner, his successors and assigns grants limited rights and privileges to access and to free movement through those areas indicated as 'cross- access/ingress-egress easements', as illustrated upon this plat. Such. grant of easement shall be limited to the owners, tenants, customers, and guests of the owners, and shall furthermore grant access to and free movement through said easements to those entering said easements from similarly recorded easements from adjacent properties and/or from abutting public streets. COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) )SS County of Jefferson ) I hereby certify that this plat was filed in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, at O'Clock_ M. on the - day of A.D., in Book , Page Reception No. JEFFERSON COUNTY CLERK AND RECORDER By: Deputy STANDARD EASEMENT LANGUAGE Ten-foot (10') wide easements are hereby granted on private property adjacent to all public streets and front and rear property lines of each lot in the subdivision or platted area. Five-foot (5) wide easements are hereby granted on private property adjacent to all side lot lines of each lot in the subdivision or platted area. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, drainage and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. For plats with a platted detention easement or tract, use the following example: The storm detention area here shown as shall be constructed and maintained by the owner and subsequent owners, heirs, successors and assigns. In the event that such construction and maintenance is not performed by said owner, the City of Wheat Ridge shall have the right to enter such area and perform necessary work, the cost of which said owner, heirs, successors, and assigns agrees to pay. No building or structure will be constructed in the detention area and no changes or alterations affecting the hydraulic characteristics of the detention area will be made without the approval of the Director of Public Works. $30/lot (for Single Family e (non-SFR) Supplemental Variance: $200 CONSOLIDATED mutual water December 30, 2008 City of Wheat Ridge Community Development Ms. Meredith Reckert 7500 West 29th Avenue Wheat Ridge, Colorado 80033 rn Re: Case Number LLA-08-04 / Richter for 70 WBC, LLC - Lots 1 and 3 of 70 West Business Center Subdivision Filing No. 4 Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated December 23, 2008 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company. Our records indicate that the property addressed as 3291 Youngfield Service Road is currently receiving domestic water from the Company through a 1 1/2-inch meter (CMWCo Tap Number 19314/Account Number 03200500-03). Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. The Company's rules, regulations and requirements further require that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. Fire protection requirements should be obtained from West Metro Fire District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 150068 • Lakewood, Colorado 80215 Telephone (303)238-0451 • Fax (303)237-5560 _ I i Ms. Meredith Reckert City of Wheat Ridge December 30, 2008 Page 2 i i i i If you should have any questions or comments regarding this correspondence, please contact this office. i Sincerely, l i Mich . Queen President Aw cc: Dave Abbink, Chief Fire Marshal, West Metro Fire District Greg M. Stroeder, CMWCo Water Distribution Manager Scott Hatcher, CMWCo Project Engineer i j Xce/ EnergysM PUBLIC SERVICE COMPANY January 6, 2009 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Richter for 70 WBC, LLC Siting and Land Rights 550 1Vh Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Facsimile: 303.571.7877 Public Service Company of Colorado has no apparent conflict with Richter for 70 WBC, LLC. As a safety precaution, Public Service Company of Colorado would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 7735. Thank you, Kathryn Bauer Contract Right of Way Processor Siting and Land Rights West Metro Fire Protection District 433 S. Allison Parkway Lakewood, CO 80226 Bus: (303) 989-4307 Fax: (303) 989-6725 www.westmetrohre.org January 7, 2009 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29t1i Avenue Wheat Ridge, CO 80033 Re: LLA-08-04, 70 West Business Center Subdivision Dear Meredith: This property is within the West Metro Fire Protection District (WMFPD). Fire service will be provided as long as provisions of the International Fire Code, 2006 edition, including amendments are met in development. Water plan, hydrant locations and access needs to be addressed. WMFPD has no objection to the Administrative Lot Line Adjustment for the above referenced property. WMFPD reserves the right to provide additional comments/requirements at the time when plans are submitted and reviewed per applicable codes and amendments. If you have any questions contact me at 303-989-4307 extension 513 or e-mail: dabbink ,westmetrofire.org. Respectfully, David Abbink, Deputy Cliief/Fire Marshal "Whatever It Takes "...To Serve MARTI N / MARTI N r CONSULTING ENGINEERS o0po January 6, 2009 Community Development 7500 West 291h Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: LLA-08-04/Richter for 70 WBC, LLC Dear Ms. Reckert, On behalf of the Northwest Lakewood Sanitation District (NWLSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated December 23, 2008. These two properties are both within the Northwest Lakewood Sanitation District's boundary, however, the lot line adjustment of the two lots does not affect sanitary sewer service and all existing utility easement have been relocated along the new lot line. If any construction (plumbing modifications, new building, etc.) is planned as a result of lot line adjustment, NWLSD would need to review those plans. Sincerely, William A. Raatz, P.E. Senior Project Engineer Cc: Bill Willis, P.E. - Martin/Martin Inc. Lisa Johnson - SDMS, Inc. Tim Flynn - District Attorney Wayne Ramey-Ramey Environmental Compliance, Inc. 12499 West Colfax • P.O. Box 151500 • Lakewood, Colorado 80215 • Telephone: 303-431-6100 • www.martinmartin.com Civil Department Fax: 303-431-4028 • Structural Department Fax: 303-431-6866 • Marketing Department Fax: 303-456-9923 City of Wheatdge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 January 22, 2009 Mr. James T. Jones, P.E. & P.L.S. Jones Engineering Assoc., Inc. 2329 West Main Street, Suite 105 Littleton, Colorado 80120 Re: First Review Comments of the 70 West Business Center Subdivision Filing No. 5 LLA Plat. Dear Mr. Jones, I have completed the first review of the above referenced Lot Line Adjustment Plat for the parcels located at Lots 1 and 3, 70 West Business Center Subdivision Filing No. 4 received on December 24, 2008, and I have the following comments: Final Plat: Sheet 1: 1. Please include all dates of preparation or revision. 2. In the Legal Description, include the five curve components as per the Geodetic Surveying Requirements for the curve located in the northwesterly corner of Lot 3. 3. In the Legal Description, the distance of 271.39 for the line identified as Course 1) along the Youngfield Service Road is shown as 271.40 on the graphical portion found on Sheet 2. 4. In the first line of Note 4, please add a forward slash between the 1 and the 4 to read'/ as opposed to 14. 5. Please include the True Point of Beginning in the Legal Description. 6. In Note 10, provide the Accuracy Classification, e.g., the accuracy of the boundary survey in hundredths of a foot. Sheet 2: 1. A Right-of-Way reservation along the frontage for the proposed Cabela Drive will need to be shown on this Lot Line Adjustment Plat. In the event the proposed ROW area is not parallel to the existing property line, be sure to include sufficient distance information to field locate. 2. Need to either include a SET PINS symbol in the Legend, or identify each set pin on the graphical portion of the plat. 3. Need to provide the distance for the northerly lot line of Lot 1. An overall distance is provided on the outside of the subdivision boundary, but also show the (inside lot) line distance. 4. The existing lot line to be removed needs to be shown as "Lot Line Hereby Removed by This Plat". 5. Similarly, the portion of the easement along the lot line to be relocated, unless the easement is to remain in perpetuity, should also be shown as, "5' Utility Easement Hereby Removed by This Plat". 6. The new 5' Utility Easement along the proposed lot line should be shown as. "5' Utility Easement Hereby Dedicated by This Plat". 7. Please double-check that PHAC 1 was in fact the correct point used in the section tie. The values shown on Sheet 2 correspond to PHAC 2. Also describe these coordinate values as being on the Current City Datum. www.ci.wheatridge.co.us Public Works Engineering January 22, 2009 Page 2 8. Please provide the Jeffco Reception Numbers for the 30' Cross-Access Easement along the easterly side of Lot 1, and for the 25' Cross-Access Easement running along the southerly portion of Lot 3. 9. Correct the spelling of the word "EXISTING" in the Legend. Please submit for review and approval two hardcopies and one electronic file of the Plat in AutoCAD 2004-2007 DWG format on CD-ROM. OTHER: Escrow of Funds and the Construction of Public Improvements Please be advised that upon approval of a Building Permit Application for either Lot I or Lot 3 of the 70 West Business Center Subdivision Filing No. 5, the public improvements shall be fully completed or an escrow of funds shall be taken pursuant to the terms set forth in the Public Improvement Agreement for the 70 West Business Center Subdivision Filing No. 5 lot line adjustment plat. 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, O David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File www.ci.wheatridge. co.u s 70West BusCent Sub Filing No 5_LLA_Plat -reviewl_Revised.ltr.doc PUBLIC IMPROVEMENT AGREEMENT THIS AGREEMENT made this by and between the CITY OF WHEAT municipal corporation (the "City"), and together referred to as the "Parties". of RIDGE, COLORADO, a home rule Dwayne R. Richter, (the "Developer'), RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A attached hereto and made a part hereof (the "Property"), commonly known as Lots 1 and 3, 70 West Business Center Subdivision Filing No. 5. On the City of Wheat Ridge, after the required review process, approved a Lot Line Adjustment Plat for the Property located at Lots 1 and 3, 70 West Business Center Subdivision Filing No. 5. The approvals cited above are contingent upon the express condition that the Developer faithfully performs all duties created by this Agreement. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the terms and conditions for development of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. 2. Other Requirements. See Exhibits B and C attached hereto. 3. Title Policy. If applicable, title commitment for the Property shall be provided to the City. The title commitment shall show that all property to be dedicated to the City is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable). The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. 4. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: PUBLIC IMPROVEMENT AGREEMENT 04/03 (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph. The Developer may cure the breach described in the notice during said thirty-day period. 5. Public Improvements and Warranty. All storm sewer lines, drainage structures, paved streets, curb, gutter and sidewalk, and necessary appurtenances as shown on the associated construction documents (the "Public Improvements" or "Improvements") as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the time frames and terms set forth on Exhibit B. The Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works, hereinafter "Director", the terms and time frames for construction of the Improvements and costs of these Improvements are set forth on Exhibit B attached hereto and incorporated herein. All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and construction standards for such improvement and approved by the Director. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the construction documents by the Director. The Developer shall warrant any and all Public Improvements for a period of two (2) years from the date the Director certifies that the Public Improvements conform to the specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: (a) That the title conveyed shall be marketable and its transfer rightful; (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. PUBLIC IMPROVEMENT AGREEMENT 04/03 (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s). The City will finally accept for maintenance all Public Improvements after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 6. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. The City shall make approval only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director and his authorized representatives shall have free access to the work at all times. The Director, or his designee, will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine if the work is being performed in accordance with the plans and specifications. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 7. Completion of Public Improvements. The obligations of the Developer provided for in paragraph 5 of this Agreement, including the inspections hereof, shall be performed upon the approval of the Building Permit Application(s) as set forth in Exhibit B, and proper application for acceptance of the Public Improvements shall be made prior to the request for the Certificate of Occupancy. Upon completion of construction by the Developer of such Improvements, the Director or designee shall inspect the Improvements. The Developer shall make all corrections necessary to bring the Improvements into conformity with the approved documents. Once approved by the Director, the City shall accept said Improvements upon conveyance. 8. Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or PUBLIC IMPROVEMENT AGREEMENT 04/03 employees of the City. Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. Developer shall at all times take necessary precautions to ensure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary. 9. Related Costs - Public Improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense. If applicable, a final drainage letter certified accurate by a professional engineer registered in the State of Colorado shall also be submitted at the request of the Director. 10. Improvements to be the Property of the City. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be the property of the City following acceptance by the City, as provided above. 11. Performance Guarantee. In order to secure the construction and installation of the Public Improvements the Developer shall, prior to issuance of a building permit, furnish the City, at the Developer's expense, with the Performance Guarantee described herein. The Performance Guarantee provided by the Developer shall be an irrevocable letter of credit in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the estimated costs of the Public Improvements to be constructed and installed as set forth in Exhibit B to secure the performance and completion of the Public Improvements as required by Section 26-110, of the Wheat Ridge Code of Laws. An irrevocable letter of credit shall be supplied to the City within ninety (90) days of the execution of this Agreement in the amount and form approved by the City. Failure of the Developer to provide an irrevocable letter of credit to the City in the manner provided herein shall negate the City's approval of this Agreement. Letters of credit shall be subject to the review and approval of the City Attorney. The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to, staking, earth work, overlot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. PUBLIC IMPROVEMENT AGREEMENT 04/03 The estimated costs of the Public Improvements shall be a figure mutually agreed upon by the Developer and the Director, as set forth in Exhibit B attached hereto. If, however, they are unable to agree, the Director's estimate shall govern after giving consideration to information provided by the Developer including, but not limited to, construction contracts and engineering estimates. The purpose of the cost estimate is solely to determine the amount of security. In the event the Public Improvements are not constructed or completed within the period of time specified by paragraph 7 of this Agreement or a written extension of time mutually agreed upon the parties to this Agreement, the City may draw on the letter of credit to complete the Public Improvements called for in this Agreement. In the event the letter of credit is to expire within fourteen (14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of credit and either hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems with the Public Improvements as the City deems appropriate. Upon completion of performance of such improvements, conditions and requirements within the required time, the Developer shall issue an irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements, to be held by the City during the warranty period. If the Public Improvements are not completed within the required time, the monies may be used to complete the improvements. 12. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City, if any, and shall indemnify and hold harmless the City for any property tax liability. 13. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 14. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 15. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than PUBLIC IMPROVEMENT AGREEMENT 04/03 those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 16. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 17. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 19. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 20. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof; all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 21. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 22. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. 23. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. PUBLIC IMPROVEMENT AGREEMENT 04/03 Notice to Developer: Notice to City: Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 24. Force Maieure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 25. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 26. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. 27. Title and Authority. The Developer, Dwayne R. Richter, expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. PUBLIC IMPROVEMENT AGREEMENT 04/03 WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. CITY OF WHEAT RIDGE, COLORADO By: Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney By: DEVELOPER STATE OF COLORADO COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 20_, by of Witness my hand and official seal. My commission expires: Notary Public (S E A L) , as PUBLIC IMPROVEMENT AGREEMENT 04/03 EXHIBIT B Public Improvement Construction Timeframe Lot 1: Sidewalk Construction Upon approval of a Building Permit Application for Lot 1, 70 West Business Center Subdivision Filing No. 5, the sidewalk along the Youngfield Service Road frontage for Lot 1 shall be constructed. An itemized cost estimate for said sidewalk must be submitted for review and approval and a performance guarantee provided in the amount of 125% of the approved cost estimate, per the terms set forth in paragraph 11 of the Public Improvement Agreement for the 70 West Business Center Subdivision Filing No. 5 Lot Line Adjustment Plat. The Certificate of Occupancy may be withheld until such time as said sidewalk has been completed and final acceptance by the City has been given. Lot 3: Drainage Improvements Upon approval of a Building Permit Application for Lot 3, 70 West Business Center Subdivision Filing No. 5, all drainage-related improvements, both onsite and offsite, must be completed in accordance with the approved Final Drainage Report required with the Lot 3 Building Permit Application. Prior to issuance of the Building Permit, an itemized cost estimate for said drainage improvements must be submitted for review and approval, and a performance guarantee in the amount of 125% of the approved estimate shall be provided per the terms set forth in paragraph 11 of the Public Improvement Agreement for the 70 West Business Center Subdivision Filing No. 5 Lot Line Adjustment Plat. Street Improvements Upon approval of a Building Permit Application for Lot 3, 70 West Business Center Subdivision Filing No. 5, the Developer shall be obligated to construct all street improvements, including but not limited to, curb, gutter, sidewalk, and asphalt paving or patching, as shown in the Roadway Construction Plans of Proposed Cabela Drive & 40` Avenue, prepared in 2008 by Martin/Martin Consulting Engineers. Copies of Sheets 5, 78, and 79 of said roadway construction plans are attached for reference. At such time as a Building Permit Application is approved, an itemized engineer's cost estimate must be submitted for review and approval, and an escrow of funds in the amount of 125% of the approved estimate amount shall be provided in lieu of construction of said street improvements. It is anticipated that said street improvements will be constructed by the Longs Peak Metropolitan District as part of the construction of Cabela Drive from West 32nd Avenue to West 40d' Avenue, in conjunction with the Cabela Shopping Center Development. At such time as the Longs Peak Metro District completes Cabela Drive adjacent to Lot 3, the escrow required above may be released. Should Cabela Drive south of the Cabela's/Coors Subdivision Filing No. 1, Amended subdivision be constructed by others, the developer of Lot 3, 70 West Business Center Subdivision Filing No. 5 shall participate with other benefitted property owners in the cost of said street improvements. Said cost shall be equitable and determined by street frontage, and approved by the City of Wheat Ridge. The escrow required above may be used towards the costs of said street improvements. Sheet 1 of 4 EXHIBIT B - SHEET 2 OF 4 VARIES 92' ROW 30' 30' 2 g 2.5' 12' 12' 12' 12' ' 12 LANE 2.5' 7.5' 10' SIDEWALK SIDEWALK LANE LANE 6' LANE 6' LANE ~.2% MPX _ 31 ° PGL 2/ ° 2% 2 ° 3:1 Mq k RETAINING WALL (HEIGHT VARIES) CURB & GUTTER CABELA DRIVE LANDSCAPE TYPE 2 (SECTION II B)(TYP) STA 95+46.07 TO 97+19.25 CURB & GUTTER TYPE 2 (SECTION II B)(TYP) VARIES ROW 30' VARIES SCREEN 30' WALL 2 8' S' 12' 12' -12' 12' 12' LANE 2.5' 5' 10' SIDEWALK SIDEWALK LANE LANE LANE LANE 0.5' J 0.5' PX M v 3•.L \ 1 M q 2~ 2° ~ \ 2%~ 2% 3:1 M qk 3.~ MPX PGL LANDSCAPE CURB & GUTTER 0.5'CURB TYPE 2 (SECTION B) CURB 2 GUTTER TYPE 2 (SECTION II B)(TYP) TYPE 2 (SECTION II B)(TYP) CABELA DRIVE STA 100+00 TO 101+00 SCREEN WALL I r VARIES ROW i 24' 4' 36' VARIES 2' g 5' 12' 12' 0.5' 12' 12' 12' 2.5' 5' 10' SIDEWALK LANE LANE LANE LANE LANE SIDEWALK 6 6 MPX ~ 3:1 3.1 Mqk 2% 2% U ° = 2/ o 3:1 ~A k 3'1 MPX LANDSCAPE PGL 0.5'CURB TYPE 2 CURB & GUTTER CURB & GUTTER (SECTION B) CABELA DRIVE TYPE 2 (SECTION II B)(TYP) TYPE 2 (SECTION II B)(TYP) STA 102+25 TO 1040 Project No./Code Print Date: 6/11/2008 Sheet Revisions F w e T MARTIN I MARTIN As Constructed TYPICAL SECTIONS File Name: TypSec02.dgn Date: Comments Init. ~o~a~Ln~o Ewe ~EEee No Revisions: Horiz. Scale: 1:8 Vert. scale: As Noted n Unit Leader Initials Q ti it I f C n+99 w°e. a=.~.+. ow<. ao. eef e, eoo , .,oee co eon, a Revised: Designer: "RI Structure Numbers AKR il t D 19711.C.10 orma o n Un Q , p ..°,nsa=:<=~+one <ORP~ Void: er: e a Sheet Subset: TypSec Subset Sheets: 5 2 of 3 Sheet Number EXHIBIT B - SHEET 3 OF 4 I ~ I / s f ``-_I V ti . O(r k 2'4:: x 17- WHITE . ~ i c. >-W III STOP BAR i Y "Cabe la01 2' X 10' WHITE LANE LINE CROSSWALK STRIPE (TYP) WHITE 4" WIDE z- ,j - - `{SPECIAL) b - 10' STRIPE, 30' GAP (TYP.) ' I- - e 0 X 32 EXISTING SIGNS MOVED) l (TO BE RE Loca Business LANE LINE -WHITE 4" WIDE YP) S ' TOP Access -ARRew- - - - - t STRIPE, 30 GAP (T 10 -wH'+E Next Lef _ _ - - - - - - - - " WIDE 4 . _ _ SPECIAL GREEN) (AS SHOWN) --ODOBLF 'PELtBW- ` 30 X 28 3 ,ARROW WHIT _ il -~(AS SHOWN) e 8- ATTACHED SIDEWALK ---m ' g c - _ 81 ATTACHE SIDEWALK f T x . < p~j 'i PROJECT CONTROL LINE rn _ " _ F Ill m O - yl - Tqp R 10:1 iij!i CABELA DR. _ M i 5'LANDSCAPE DETACHED SIDEWALK 7.5'LANDSCAPE - 10'ATTXCHED SI~EWALK -~-'_b._I , 10'DETACHED SIDEWALK 8" WIDE WHITE LEft LA-NE CHANNELIZING STRIPE { LANE LINE NOTE 4" WIDE ✓ LANE LINE J WHIT ~ARROW {t RI , 0 GAP (TYP.) i \ T 1 'ST PE 3 ' b 4 WIDE YELLOW URN LEFT WHITE 4" WIDE ) 30'GAP (TYP RIPE ' f (AS SHOWN) - i Fi STRIPING ' x (4" OFF CURB FACE) . x , ST 30 24R4-7 30R3-7L NOTES: 1) ALL LANE STRIPING SHALL BE EPQXY TRAFFIC ! II + y" S ? _ _ _ _ - - - J ` MARKING PAINT I I fl L I - - - - - i - - _ - - _ - - - _ 4 Il _ 2) ALL ARROWS, SYMBOLS, STOP BARS, AND - 1 CROSSWALKS SHALL BE PREFORMED PLASTIC ~ r L J 3) PANEL SIZE, LETTERING, BACKGROUND, AND SYMBOLS ON 'fi > - 1r STREET NAME SIGNS SHALL MATCH CITY OF - _ _ _ _ WHEAT RIDGE STANDARDS JIL - - d SIGNING & STRIPING Project No./C ode MARTIN AS Constructe 008 Sheet Revisions *Hl: ARTIN / Pr int Date: 5/18/2 "+E=^e STA 96-1-50 TO 1024 -50 il e Name. S-CabelaD-Traffic 07.dgn Date: Comments Init. = No Revisions: riz. Scle: 1.40 Vert. Scale: Noted Q n Designer: AKR Structure 19711.C.10 U tion Unit Leader Initials f it I Revsed: EKJ Detailer: Numbers n n orma Sheet Number 7 $ , vx zov.sz,.anze Void: Sheet Subset: TRAF Subset Sheets: 7 OF 10 Y r. -.X....._ r 24R4-7 /-jj- 7F d' /?~1, r ar / -4" WIDE YELLOW w STRIPING ~(4" OFF CURB FACE)`` WHITE ARRD 3' ATTACHED SIDEINA~;K~ 36W4-3 7I I ire I F% -2 r,WIDE nnt IRLE YELLOW a --y- - v WHITE-ARROW _ (AS SHOWN) ` 'i. 8" WIDE WHITE i CHANNELIZING STRIPE Youngfield J LEFT LANES (SPECIAL) 60. X 30 i File Name: ,j x 10- DETACHED SIDE K WHITE ARROW (76-SHI1#N) TYP. 24" X 35' WHITE STOP BAR _ J YIELD 36R1-2 EXHIBIT B - SHEET 4 OF 4 4 if I C Ir i ~ ' h i ) ~ ~ l + I i l I : I s % i 41 I I!I - r- - I ONLY ONLY (SPECIAL) 66 X 34 Horiz. Scale: 140 Vert. Scale: As Noted llni4 Information Unit Leader Initials) AI I 1 j 24 NOTES: rz~ 1) ALL LANE STRIPING SHALL BE EPOXY TRAFFIC.' MARKING PAINT 2) ALL ARROWS, SYMBOLS, STOP BARS, AND F i CROSSWALKS SHALL BE PREFORMED PLASTIC 32ND AVE STRIPING -(BY --SEPARATE PLANS) WHITE ARROW (AS SHOWN) _ 24" X 36'WHITE ESTOP BAR FOR TRAFFIC SIGNAL (REF SIGNAL SHEETS) 4 -2'X 12' WHITE 4" WIDE STOP BAR DOUBLE YELLOW - I' H s i 90 „ w 'd II . p i hN I ; 4 I+ I i r r, ~l ;six s i i ' . 2' X 10' WHITE CROSSWALK STRIPE (tYP.) 24" X 32' WHITE STOP BAR- WHITE ARROW ~(AS SHOWN) 32ND AVE' STRIPING (BY SEPARATE- PLANS) Sheet Revisions F WHEgT MARTIN I MARTIN As Constructed Date: Comments .Init. 1 ¢ CO"16yL1JG cN°'°ccAe No Revisions: U m - +aavv we.+e nee. O o.E e: +e+X.. Revised: . eo eoa+X `Ax X30 s°3.43 .a9 OO O CDR +.aoae Void: v SIGNING & STRIPING Project No./Code STA 102+50 TO 105+56.03 Designer: AKR Structure 19711.C.10 Detailer: EKJ Numbers TRAF Snhset Sheets: 8 OF 10 Sheet Number 79 EXHIBIT C Right-of-Way Reservation Lot 3: The Right-of-Way reservation shown as on the westerly portion of Lot 3, 70 West Business Center Subdivision Filing No. 5, corresponds to Parcel 203 found on Sheet 5 of the Colorado Department of Transportation ROW Plan of Proposed Project No. CC M361-004 Cabela Drive at 32"`l Avenue, as shown on Sheet 2 of Exhibit D. Sheet 1 of 2 N LL O N W W 2 U) U H DO COLORADO DEPARTMENT OF TRANSPORTATION OT Region 6 2000 S. Holly Denver, CO 80222 Mgplgrll Phone: (303) 757-9212 FAX: (303) 757-9053 RIGHT OF WAY PLANS UNIT: Patricia E. Dickerson I POB PARCEL 202 TO - W114 COR SEC 29 S83'48'04 "W - 688.66' --4) Sheet Revisions BLOCK 2 UTILITY ESMT. BOOK 22, PAGE 31 - - - 6.21_ - - - m - - - e N N ~ 201 - - rn p LOT 2 Sheet Revisions Sheet Revisions I Farnsworth GROUP Won N. MM BLVD. SUITE IM COLORADO SPPo?IS CO.60S18 at>n wavtr47 mm svovt n Fm~ 6=23'30'00" I UTILITY ESµ T. REC. R=125.00' N0. 844098613 - L=51.27' =CB CH=50.91' 753-44, j CH=50.91' - - - - - 363.22' _ _ - _ - _ - - - - - - - - _ TRACT A 95201 _ SO1'01'46"E 279447 Right of Way Plaits Plan Sheet DRIVE AT 266.30' LOT 1 BLOCK 2 70 WEST BUSINESS CENTER i~ SUBDIVISION FILING NO. 3 CB=S45'29t51"E 0'54 PT 6+57 CH=20.36' NO1'01'46"W N1q3030W SIDEWALK & PROJECT NO. CC M361-004 I II I II III j W Q Z M W 1S NO. °--~'O== \ R=125 00' 95001 95002 tI I00'S4 0 E 120.00' A-2'3559 95019 S' 502'49'29"E i - i L=45 6 ' , i, 95003 0- 44 -r-~-- R=125.00 CB N14'04p46"W H263, 502'59'48"f. 139 L 5.6T CH=4534' _ !I yyg .23'_ ® \ CB N02*1946"W ~~I I 120.06 r® \ \ CH-5 6T j i 500'54'05"E 43v_ 502'4929"E -1 x42'32'57" N 0146"W ®5000' 8.73' '2® E203 I I L=63.102' r- 1Y 7 7 0 07 ( 38.87 8.73' O5 95000730'03 N89'54'24'E 00'05'36"E CB-520714'42"W 95203 - -m: n ' °1r 4.2254'24"E CH=61.68' R=8500' 1 R 503.50' 2.00 95016 L 65.92 N. Iron 23.91 L=1929' CB SQ830'28'E n.I rtm x94'39'51" 0`4 S00'05'36"E d=13'3625" CB=S48'011T CH-65.87' m R=14.50' R-550.00' CH=19 25 BL 542233.96'4'29" A ® 50016'02"E m W '/t 2 POS PARCELS 202, 203 O CB LS07''4218"E _ 3.56 _ v; 95017 'b+8 ® CH 21.32' m~ TO W14 COR SEC 29 dH 2'16 04; UPLITY ESMT. 0=707541 E202 I 5692741"W - 725.08' 39-292-12-008 I I O R=80000 REC. NO. II Sa R=62.50; i L=31 67' 84104532 O CB 555'22 40"E CBCH-3L66' W cH=71.93' LOT 3 I ~ T I ~ PERFORMANCE ESMT. REC. 70 WEST BUSINESS CENTER NO. F0579067&8 SUBDIVISION FILING NO. 4 ' o MAINTENANCE AGREEMENT m REC. N0. 84078460 I RECIPROCAL ESMT. 201 70 WBC, L.L.C., a Colorado w I AGREEMENT REC. NO. limited liability company I I vT 1`0596732 APPROX.LOCATION OF F 203 4505 S. Yosemite o N z -.I REC. NO. F0596737 I L _ _ - _ _ - _ _ J TE203 Denver, Co 80237 I L~ LOT 3 00COLORADO-UTAH STORES I TRUST, a w~ 70 WEST BUSINESS CENTER Delaware business trust j °o II'a SUBDIVISION FILING NO. 2 I O mid 70 WEST BUS/NESS CENTER Tizoz 4001 Penbrook St. io 1. z I SL1,50MS/ON F71/NG NO. 3 Odessa, Tx :79762 N_1 5" PLAT BOOK 140, PAGE 23 BLOCK 1 III REC. IF0577755 v , II 39-292-12-007 WATER UTILITY PLAT BOOK 68, PAGE 11 w ESMT. REC. NO, I wm 85013500 70 WEST BULOT 1 SINESS CENTER ~.I I \ - SUBDIVISION FILING NO. 4 - ?z Y/ \ 39-292-07-035 ILL LI r \ LOT 2 COMMON AREA MAINTENANCE AGREEMENT \ I I REC. NO. F0596736 I 9.11' PERFORMANCE ~ \ ~ E{ ESMT. REC. NO. I I I RECIPROCAL ESMT. RAINAGE SMT. 10 48' 1`0579067 AGREEMENT REC. NO. R 1`0596732 - - T i1 City of Wheatlidge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 20 Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 January 6, 2009 Mr. James T. Jones, P.E. & P.L.S. Jones Engineering Assoc., Inc. 2329 West Main Street, Suite 105 Littleton, Colorado 80120 Re: First Review Comments of the 70 West Business Center Subdivision Filing No. 5 Plat. Dear Mr. Jones, I have completed the first review of the above referenced Lot Line Adjustment Plat for the parcels located at Lots 1 and 3, 70 West Business Center Subdivision Filing No. 4 received on December 24, 2008, and I have the following comments: Final Plat: Sheet 1: 1. Please include all dates of preparation or revision. 2. In the Legal Description, include the five curve components as per the Geodetic Surveying Requirements for the curve located in the northwesterly corner of Lot 3. 3. In the Legal Description, the distance of 271.39 for the line identified as Course 1) along the Youngfield Service Road is shown as 271.40 on the graphical portion found on Sheet 2. 4. In the first line of Note 4, please add a forward slash between the 1 and the 4 to read as opposed to 14. 5. Please include the True Point of Beginning in the Legal Description. 6. In Note 10, provide the Accuracy Classification, e.g., the accuracy of the boundary survey in hundredths of a foot. Sheet 2: 1. Need to either include a SET PINS symbol in the Legend, or identify each set pin on the graphical portion of the plat. 2. Need to provide the distance for the northerly lot line of Lot 1. An overall distance is provided on the outside of the subdivision boundary, but also show the (inside lot) line distance. 3. The existing lot line to be removed needs to be shown as "Lot Line Hereby Removed by This Plat". 4. Similarly, the portion of the easement along the lot line to be relocated, unless the easement is to remain in perpetuity, should also be shown as, "5' Utility Easement Hereby Removed by This Plat". 5. The new 5' Utility Easement along the proposed lot line should be shown as. "5' Utility Easement Hereby Dedicated by This Plat". www.ci.wheatridgexo.us Public Works Engineering March 5, 2008 Page 2 6. Please double-check that PHAC 1 was in fact the correct point used in the section tie. The values shown on Sheet 2 correspond to PHAC 2. Also describe these coordinate values as being on the Current City Datum. 7. Please provide the Jeffco Reception Numbers for the 30' Cross-Access Easement along the easterly side of Lot 1, and for the 25' Cross-Access Easement running along the southerly portion of Lot 3. 8. Correct the spelling of the word "EXISTING" in the Legend. Please submit for review and approval two hardcopies and an electronic file of the Plat in AutoCAD.dwg format on either CD-ROM or send tome by e-mail. My e-mail address is: dbrossmanna,ci.wheatridge.co.us. 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 Meredith Reckert, Senior Planner File ww vxkwheatridge.co.us 70West SusCent Sub Filing No 5_LLA_Plat - reviml.ltr.doc City of Wheat Ridge ewalk Improveme ao o ~ r«i State Plane Coordinate Projection Colorado Central Zone Datum: NADa3 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of act that result as a consequence of his reliance on information provided herein. Waa'"a City of Wheat Ridge, Colorado a 7500 West 29th Avenue a Wheat Ridge, CO 80033-8001 co eo 303.234.5900 9 li Publish Date: 1/20/2009 I a City of F " Wheatidge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: December 23, 2008 Response Due: January 7, 2009 The Wheat Ridge Community Development Department has received a request for approval of an administrative lot line adjustment between two properties zoned Planned Commercial Development (PCD) located in the 70 West Business Center Subdivision. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: LLA-08-04/Richter for 70 WBC, LLC Request: Approval of an administrative lot line adjustment between two existing parcels known as Lots 1 and 3, 70 West Business Center Subdivision Filing No.4. The properties are approximately 1.47 acres in size combined. All existing development parameters of the 70 West Business Center Filing No. 3 Outline Development Plan and Final Development Plan are still in effect. 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: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us AT&T Broadband Consolidated Mutual Water Company Xcel Energy Qwest Communications West Metro Fire District Northwest Lakewood Sanitation District MNheat Ridge Public Works "The Carnation City" 70 WBC, LLC 4505 South Yosemite St # 271 Denver, CO 80237 Phone 303-741-2123 Fag 303-741-2102 Hand Delivered December 22, 2008 City of Wheat Ridge Community Development Department Attn: Meredith Reckert, Senior Planner Re: Land Use Case Processing Application Lot Line Adjustment 70 West Business Center Subdivision Filing No. 4 Dear Ms. Reckert, This letter is written in response to our meeting of December 19, 2008 in your office. Enclosed are eight additional copies of the plat for 70 West Business Center Filing No. 5 that you requested. In addition to approval for a Lot Line Change, we also are asking for a final documented approval for recognition that as stated in your Pre-Application Meeting Summary dated November 13, 2008 "the PCD does allow for only one "center W. sign". The sign that has been designated the center W. sign on the FDP is currently not being used in this manner. The 50 foot sign located on the same lot as the cafe may be used as the center i.d. sign and have shared/off premises signage with other businesses in the 70 west Business Center." We would specifically request approval for the sign as designed on attached exhibit "A" to this letter. Thank you very much for your help in this matter. Ve ruly yours, D i e Ric an ger 70 WBC,LLC F 4 N ~ o m fm N y N I~ cc m M U ? IN U T U V OI O U W O p W I - M M <0 T+a m I cc 0 i V i m i s m Y GIo15 Im I "N. O m C ~ m J 'ro ^ r' i 'I Z O1 o` ~ Y c i ]C li ~ p Y T ~ KI i pi I I ~ CA 3: 4 J 0 0 a LL o N ry Y J, O w o" O Q N o co W I O t J v V LL N c ~ n u ~ 'o ~ o 0O ~ o ~ C 003 C n I ~ y I' 7 I ~ q I c O_ n r a as m o m O 9 m N 3 Iii x 3 T ~ 3 ma, • d w a $ `o tp O y J c 01 N ~ ,F N ~ O L A C T T O ; OT (i 'a u d ^l O ~ 9 G1 D Nay N N Z" ~ O_1 L d ~ N Wa v r Q ~ V ova U i N d W qN'~ ~ U m ~ U W ' N U k ~ N mN m N ' M a m t o f 0 0 IV 1A41 Z-0 I - r 7500 W. 291Avenue, Wheat Ridge, Colorado 80033 Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, 1 JF lcN?4fas 1g4A1&f/2 of/with 7vty gc Z L_ C' (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for D u-CE OA,Sr -(k e C,Ess/tJr. ~~d/L/c 47/on1 , set for public hearing on (describe type of 200, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. 2 Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this 1g"iA dayof ~IC-604g&4 ,200x!, ~n O co P _ P O ~ ON ,O a 1 0- 0 O J O U I } e- O O z O O W LL 0 LL 1) h ,az LL Cl Q 0 ft z0 U O a: H 2 W U Lr) W C~ LU u N N u .N E H H 0 v ro 0 W T O q m ro G H ~ u Qro ci z u «a cc ~ a N \ T 4 v O o r A E ~ b = O W s u N M q U ;q W ~ A rn v ~ N i 3 'd " c c p 'y O v = _ 00 ~ > 72 L ' T n v v v v x~ R _ ~ G o a - _ w .D % o cu E v = ? v v Cd 0 74 m w O+ - x T _ c - u CJ O X Y O 9 y' ✓ L 9 r i p u O X c o l - c w ?L D o f R e-i X L S 'vj' - O -J = W = y F"5 8 72 F v x a c x = E a r = ~ N o• N% c U _ = u = j z R = - = X i 0 cc x m _ F, u c o x'= = T - al X _ 8 u ~ o - c H X - c ~ ~ - ~ o S+ w w~ v - x G- rl b 6 'O = Cl . = p R c c' c u > v.: u cz co D i M O - G ;e c d d b u = > W v H O c = O a U= d N H G4 - = _ - w m o = U LU d Smc c4 dw O W - _ o - G w e ` U E w = o = u A F ro G o 3 ro H O b w _ z E; w co 0 C4 E; Et ~o q w o cn ] 4 ' E n z T = . H 0 ro u W H O = c ` R H } O z W ~-7 Q H w - c.,, . o - G_ v a H z z m = = - ro 3 z ° r ro _ NPaH N w - W ~ - G = + - y a O v] R7 to O v - - _ + z - _ - H u O❑ W D O o _ 'w c ~ i G 3 dOwU c E 2 E ; s n _ T c = A U Ki a P T O c O ~ x y, < N ~ 3 U COi E W o `P~ C c v y ro 3 v Q v V R F 3 9-1 i d, ii a®~\c cn ~ C paiznbea aag 6zaiuamnoop ON '00.005$ uauy SS91 u013PIaptsuOO P c u D O c: z C <a m n V C T z o~ os U Jnu 0 all v L n - o i"^-' z 0 s 4r ~cc CD -c, ZE it w\~-e ca_LLf-e m v s+ m G N ti ~ v 0 o w N a td .C W O .a Q ~ ~T r~5 b W ~ •rl A ro v 7 ~ C O V W ro N N t•I U a a ti R ~ H yri F O '0 ro p O C O ay. i h ~a Fa v U C c O U W (4 Sa 0' v W W L Q)y C.' O rt q O O c y O o ca 'M c I N '3 N N 9' +p v N g! i y 'D °G,i _YyK el T + T ' I I a ~ o o y U al o 3 ~ y a en v ~ w m a a N T a~ ~ -o v - . a e 1 a ~ O N y S~ U F g p V T~ O W I O O T C~+ Y O W a N y~ v OR a~i F ..y. O N M p i ~ O N N e0 O c0 . C y 7 LL O v~ ] aF O y O e U .Y 1 4 U) 1 O 0 _ G O aj j YN G W y G y G Y N" y C W - r O - O , z a . _ 3 v v v m c . c Q. ii s 2 94 ° 7 ~4 Q I Q,' G7 > 70 y N U .G. G y ro a S•+ l J y a l a w G N y a G .y^. F^ m w J O ~ y( .y . Q i Ov .-1 en uz > $ ra ~ eM - ro ° ~ ,-I z ~ 1.'~ GO a O O ~J an d N m L y 9 y i - h m`~.~ C4 ~S N x 1 C 0 y 'y . G l~~ O I I 'O O K p~ u C 0 v, 4 U G 3 ~ + C q C c 9 N K A A N~ „ w M A w .j J W Pi 1 n v N O M w N v a" G C' cq O h~0 y 0 c 4' ° 11 N ~ O x l 1 w ri GL' v° c a c m m x w ~a C ) U o ff y ° y 0 o .u'G G .n w 3 v O ° O 9 O v > p d .o } L J !4 1 S4 + w I . N ,Z -r 1 T S v w G W° L g G F a N , ti O G . N ' O Cy = W I z G 7 m c v K Y O `b w n m ^ y K `3 ° ~ J N 1 1 - O o, Si ^ a . O N ^ UI U d G p v y A R K q " a AJ r-i LL p G K ti y w j .d [ ] p o K S4 M y w G' . y q CL N y O I 1 c 9 O N N N A w O 0 m m n Q N L • t` 'b 1 i C9 U !ti S4 U G . u ` ' n N . . + G ^ ° ~ 9 d m ~ i ~ F N G G . K ^ " O W ' O U y m~ p v . w G ~ > U . ? ° N ? L ~ Q nD c p r ~S y f~ ' J :a p -.i U 14 1 m G op -.i W 7+ .Q y a) N K I ' . I T I 9 r0 O O y p a w ~3 m^ 'O ^ O [t, 'c~v ^J N W ~ 1 r . N a1 ^ N G nt Ci A N ra a9 N O C N G 1 i G UI W N ~ O ea 3 i Q G U Q O [ N , 4 y y y p R O 1 U y S-1 U N U_ . N ~"N N G W cJ v [r M N U W t o a g m- ° N UI K A y v 3 ? c O N L o ) l O 1 . W C „ y o . Q u v A U ° 04 rJ N V > ~ 0 On ~ y G n~/ y N }V O N JJ c0 ti w I ° O N U N Ti , C a Q .2 O . G U ^ Q .G. Gy V JJ O y> U) fL dl y 1 7 1 1 U W ~4 . 0 O ~ " , xi Q a u .0 O I 1 C 'u W N m ' • a Fd U r;C W U rt y v ri N W C a GY v m i 3 N L 4 ~ ' ~1 "a O ~ ~ F i i ^ G Y - i N v , N y^ C4 4 ^1` J ` U~+, a GG O 4a W (y JG c w G w 3 - ' . . F N 1"' 3 4^ V: ' ^ K N .D rl O ❑ y y Z xi i N c 7. ti O U W i 9 c O ~ ^ ~ G v ° i E> . 7 U v- i-l 0 ti w > F4 ` ' n 3 °i r C a c m - . ° ti a . n , v ~ y i 'a " w o m O ° ~ s U o i 6- N ?i 3 F• a ' ti z p c o C c L > ~'i ra n [ O C t [2 ' z y O F ci I y p y d L O u CO 01 ~-I 7 w b) U F O a i \ 3 1 U ° ' y JJ O O 21 O ° O H 9 N y O y N N U C K H y G }.I •i ¢ E r Q ^ 14 r1 T ❑ v V ❑ - J N p0' y rn G F O ,K Zi " Ci ~ ^ C 3 e 2 .K i-7 C~ U m v m w ca v tL N i.e v) ' ✓ tG =iaaA)4Hi tvawnnnn:3 )ale 70 WBC, LLC 4505 South Yosemite St # 271 Denver, CO 80237 Phone 303-741-2123 Fax 303-741-2102 Hand Delivered December 19, 2008 City of Wheat Ridge Community Development Department Attn: Meredith Reckert, Senior Planner Re: Land Use Case Processing Application Lot Line Adjustment 70 West Business Center Subdivision Filing No. 4 Dear Ms. Reckert, This is a request to change the lot line of lot 1, 70 West Business Center Subdivision No. 4 to it's former lot size as it was described on the plat for 70 West Business Center Subdivision Filing No. 3. Enclosed please find a copy of the plat for both Filing No. 3. This is a vacant lot and has not been developed. A final development plan was approved by the City for this lot in May 2005. Please see enclosed final development plan 70 West Business Center Amendment No. 3 for a car wash. The lots are still under the same ownership of 70 WBC, LLC. Also enclosed please find : (1) Signed and notarized Application Form. (2) Check #2019 in the amount of $300.00. (3) This letter of request. (4) Proof of ownership (Deeds) (5) Alta Survey of the property. (6) Mineral Rights Certification. (7) Copy of Pre-application meeting notes. (8) Jones Engineering Geodetic Surveying requirements for Final Plats, CD, Closure Calculations, and Plat for 70 West Business Center Subdivision Filing No. 5. If I have omitted anything please let me know. We would appreciate your handling this matter as soon as possible. Thank you very much. Very t ly yours, Manager-70 WBC,LLC Cty of Wheat Ridge ~ I DEPARTMENT OF PUBLIC WORKS (303) 235-2861 Depattment of Pubfic Works 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 January 24, 2005 Mr. James T. Jones, P.E. & P.L.S. Jones Engineering Assoc., Inc. 2329 West Main Street, Suite 105 Littleton, Colorado 80120 Re: Third Review Comments of the Final Drainage Report, Final Development Plan (Amendment), Traffic Impact Study, and Final Plat for the 70 West Business Center Car Wash. Dear Mr. Jones, I have completed the third review of the above referenced documents received on January 19, 2005, and have the following comments: This letter is to inform you that the Final Drainage Report, Grading & Drainage Plan, Erosion Control Plan, and related civil plans for the above referenced project have been reviewed and approved for construction. Please be aware of the following items regarding the construction of the project: Erosion control for the project shall be placed in conformance with the Grading & Drainage and Erosion Control Plans as approved by the City of Wheat Ridge, and shall be maintained as needed during the course of construction. 2. All drainage improvements shall be constructed in conformance with the approved Final Drainage Report, and Phase I and Phase II Drainage Plans. Upon completion of the drainage improvements the Engineer-of-Record, James T. Jones, P.E. & P.L.S., shall provide to the City of Wheat Ridge a Drainage Certification letter stating that the grading and the drainage shall function as defined in the Final Drainage Report and Plans, and the site has been accurately surveyed to confirm the construction was completed in accordance with the approved documents. The Certification Letter shall be written and stamped by the Engineer-of- Record who prepared the Final Drainage Report, and shall be submitted for review and approval by the City prior to issuance of the Certificate of Occupancy. 4. It will be the responsibility of the contractor for the project to repair any damage to the existing public improvements on Youngfield Service Road as a result of related construction traffic in the area. Also, the contractor will be responsible for maintaining Youngfield Service Road on a regular basis such that it is free of construction debris and tracking from construction traffic accessing the site. 5. It will be the responsibility of the developer/owner, to provide the necessary testing, as applicable for the scope of this project, for subgrade compaction and other related material tests for those improvements to be constructed within the public Right-of-Way. (SEE ATTACHED MATERIAL SAMPLING & TESTING REQUIREMENTS) 6. Right-of-Way Construction Permit(s)/Licensing Prior to construction of any improvements lying within the public right-of-way, the necessary Right- of-Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right-of-Way Construction Permits are issued only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, and easement or ROW dedications. A detailed description of the work to be completed within the Right-of-Way and a Traffic Control Plan shall be submitted for review and approval prior to the issuance of the ROW Construction Permit(s). Public Improvements Cost Estimate & Performance Guarantee (Letter of Credit) Prior to any construction commencing for the required public improvements within the Youngfreld Service Road Rights-of-Way, an Irrevocable Letter of Credit for the public improvements shall be submitted for review and approval. Mr. James T. Jones, P.E., P.L.S. submitted an estimate on January 19, 2005; the City has reviewed and hereby accepts the estimate. Therefore, an Irrevocable Letter of Credit in the amount of $5,802.90, reflecting the total amount of the approved engineer's cost estimate plus 25% (indicated as the Total Cost in Mr. Jones estimate) will need to be submitted by the owner/developer for review and approval prior to the issuance of the Grading/Fill and Building Permit(s). (Please see attached sheet for example Letter of Credit). 8. 2-Year Warranty Period for Public Improvements Upon completion of all public improvements and acceptance by the City Inspector, the original Letter of Credit shall be surrendered. At this time a 2-year warranty period for the public improvements shall commence. If at any time during said 2-year Warranty Period the City Inspector deems that the constructed public improvements are in such condition as to require repairs or replacement, the Developer shall complete such work upon request. Upon commencement of the 2- year Warranty Period, a 2nd Letter of Credit in the amount of 25% of the original itemized engineer's cost estimate shall be submitted to the City of Wheat Ridge and be dated as to expire on the 2-year anniversary of the Warranty Period commencement date. The City shall retain said Letter of Credit for the entire 2-year Warranty Period. Upon completion of the 2-year Warranty Period, the 2nd Letter of Credit shall be surrendered by the City of Wheat Ridge. 9. Application for Grading/Fill Permit Prior to the commencement of any onsite grading, an Application for Grading/Landfill Permit, along with the fees due will need to be submitted for review and approval. This Permit is generally issued concurrently with the Building Permit. 10. Escrow of Funds Public Improvements are required along the Youngfield Service Road frontage by the City Code of Laws. Due to another development lying to the north of this site which may trigger the widening and/or reconstruction of the Youngfield Service Road, and the possibility of modification of existing drainageways, the Public Works Department recommends that an escrow of funds shall be taken in lieu of construction for the following items, prior to issuance of the Certificate of Occupancy: 1. Wheat Ridge Standard CG2 6" vertical curbing with 4' monolithic sidewalk, WR standard 8" thick commercial driveway with thickened (WR Type CG2A) 8" gutter pan, and associated asphalt patching. 2. 2-ADA Ramps (CDOT Type-IA or Type-2A w/truncated domes). 3. The Phase II drainage pond re-grading and associated improvements: Pond re-grading 2 Richter CuWmh (3270 YRdSvc Rd) - approv Utndoc (earthwork) and modular block retaining walls. Escrowed funds for items 1 and 2 above (public improvement items) shall be utilized at the time of the Youngfield Service Road roadway widening/modification. The escrow amount for the public improvements (per Mr. Jones estimate) is $15,983.16. The Phase II drainage items shall be constructed within a 24-month period; commencing upon the date of recordation of the 70 West Business Center Subdivision Filing No. 4 Final Plat, with the Jefferson County Clerk & Recorder's Office. The escrow amount for the Phase II Drainage items (per Mr. Jones estimate) is $9,315.00.The escrow funds for the Phase II drainage items shall be released by the City only if either of the following two conditions are met: 1. Upon the completion of said items. 2. By documented proof, submitted to the City for review and approval, showing that the Phase II Drainage items will not be necessary due to the addition of other drainage improvements constructed downstream of, or outside the boundary of, the 70 West Business Center Subdivision Filing No.4. Said documentation shall provide sufficient evidence the detention volume required for the on-site detention pond as stated in the approved Final Drainage Report has been addressed in the off-site improvements. 11. Cross-access Easement The Public Works Department has suggested to the Community Development Department that a cross-access easement be secured as a condition of approval for this project. The easement should run from Lot 3, 70 West Business Center Subdivision Filing No.2 northerly (across Lot 2, Block 1, 70 West Business Center Subdivision Filing No.2) to Lot 1, 70 West Business Center Subdivision Filing No.4. 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 Meredith Reckert, Senior Planner Bill Weyman, Field Services Supervisor Chad Root, Code Administrator File TES 7 Richter CazWash (3270 YfldSvc Rd) - approval.ltr.doc ~ ~ ~ i ~ TITLE POLIO NOTES _ PART (Jl~' ~.,C~'' 1 ~?~.N~D I.,C}T , ~0 ~E~T B~SIr~ESS CE~~'.~ I,C~~A~'ED I.1 THE NW 1/4, SECTIC)N 29, Tt~WNS.H~P 4 SQUT~, t t ~ - . I i I I z . ___..._-...._._~.e_u .air. s i i f a 9.6 iw~ Y i f JQNES ENGINEERING ASSOCIATES, INC, RELIED UPON 11TLE GQMMITMENT N0. ABC7C1225951-3 PREPAftEQ 8Y LAND TITLE GUARANTEE COMPANY WITH AN EF~ECTiVE DATE 0~ NOVEMBER 21, 2008 AT 5:00 PM FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY OR TITLE OF RECORD IN THE PREPARATION OF THIS SURVEY. ~,/~j SCHEDULE B -EXCEPTIONS CONTINUE 26. TERMS, CONDI110NS, PROVISIONS, BURDENS AND OBLlGA ' h SCHEDULE B -EXCEPTIONS SPECIAL WATER SERViGE AGREEMENT RECORDED JUNE 1 RECEP110N N~. F0430397. ITEMS 1 THROUGH 7 ARE STANDARD EXCEPTIONS ANO ARE NOT PLOTTABLE. AFFECTS SUB,~CT PRt~ERTY 8UT 1S NOT PLOTTABLE i I 8. EXISTING LEASES AND TENANCIES, IF ANY, 27. TERMS. CONDITIONS, PROVI510NS, BURDENS AND OBLIGA QUITCLAIM DEEn RECORDED DECEMBER 04, ~99~ UMO~R I 4 AfFECl'S SUB,~CT PRa'ER1Y 8UT IS NOT PLOITABLE F05193Q6. 9. (ITEM WAS INTENTIONA~~Y DELEI`ED) AFFECTS SUBJECT PR~ERTY 8UT iS NOT PLOTTABLE 10. TERMS, CONDITIONS, PROVISIONS, BURDENS ANO OBLIGATIONS AS SET FORTH 28. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGA AS SET FORTH AND GRANTED IN REGIPROCA~ EASEMENT INSTRUMENT RECORDED !N BOOK 105 AT PAGE 522. AFFECTS SUBJECT PR~'ERTY 8UT IS NOT PI.OTTA8I.E APRIL 22, 1998 UNDER RECEPTION N0. F0596732. AFFECTS SUBJECT PROPERTY BUT tS NOT P~07TABt.~ 11. TERMS, CONOITIQNS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH r~f3.'LI.I 1 SJ AGREEMENT FOR PERMIT RECORDED MAY 10, 1951 IN BOOK 718 AT PAGE 19 AFFECTS SUB.ECT PROPERTY BUT 1S NOT PLOTTABL~ S F 12. TERMS, CONOiTiONS, PROVISIONS, BURDENS AND OBIIGRTI~NS FOR RIGHT OF °ir__ WAY AS DISCLOSED {N DEED RECORDED SEPTEMBER it}, 1957 1N 800K 1079 29. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGA COMMON AREA MAINTENANCE AGREEMENT RECORDED AP RECEPTION N0. F0596736. PAGE 111. AFFECTS 5U8,~CT PROPERTY 8UT IS NOT PIOTTABLE FORTH IN SHOVM! HEREON ~e. 13. TERMS, CONDITIONS, PROVISfONS, BURDENS, 08LIGATICINS AND EASEMENTS A SET FQRTH AND GRANTED IN EASEMENT REGflRDEO A~IGUST 23, 1960 IN Bo 1297 AT PAGE 353. AFFECTS SUB.~CT PRt~ERTY 8UT IS NOT PIOTTABIE 34. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBtJGA SIGN EASEMENT AGREEMENT RECORDED APRIL 22,1998 _.w ~c~ ~sosu_ 14. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERT CLAUSE, BUT OMi~TING ANY COVENANTS OR RE5TRICTiONS, IF ANY, BASED U RACE, COLOR, REUGtQN, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARTI STATUS, DISABILITY, HANDICAP, NATlONA~ ORIGIN ,ANCESTRY, OR SOURCE 0 r.. :r.r,~ ~n.n~ r r-r. rr nn rrncn x~ ~ Au1c ~vl~C6T T! - IN(:UMt, A5 5t1 tUt~ltt ttv Hrru~no~~ J1H1C vR rcu~Rn~ Lr+■.~ ~~.,.~f ~ THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY st. T t 1!J L~e..AwiVi'4r E.ll'Lt V~rilvld a E~~~srv vw r r~ . - ~ - MC'I+c ~[°4 f^a d""h ♦11i4 ~°l ll'"1 d'°`i°'! af"S +f~ 4 fh l'R /"t ! i.~ ~V Ri~~ ~ . l' 1A.~~~'+ APPLICABLE LAW, AS CONTAINED INSTRUMENT RECOR[~ED OCTOBER 20, 1961 r~., s . . r~ a ,o r ~ 'T 'T '7r '1'~h► 't`t 800K 1417 AT PAGE 441. EXTENSION QF Cf3VENANTS RECORDED DECEMBER 29, 1981 UNDER RECEPTIO N0. $1093753. FINDINGS, CONCLUSIONS AND ORDERS RECQRDED APRiL 18, 1984 UNDER i RECEPTION N0. $4034815 AND UNDER RECEPTION N0. 84034$16 ANO JANU 16, 1998 UNDER RECEPTION N0. F0539877, ti. 'F F. QUIT CLAIM QEEO RECORDED JANUARY 15, 1998 UNDER RECEPTION NO. F0539877. AFFECTS SUB.~CT PROPERTY BUT IS NOT PIOTTABLE t- 15. EASEMENTS, CQNDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NO e ON THE PLATS OF APPI~EWOOD GARDENS RECORDED PJOVEMBER 9, 1961 IN 22 AT PAGE 31; AND 70 WEST BUSINESS CENTER RECORDED AUGUST 13, 1 UNDER RECEP11aN N0. 84076366 AND AFFIDAVIT OF CORRECTION RECORDED 4 y° AUGUST 13, 1984 UNDER RECEPTION N0. 84076367; 70 WEST BUSINESS CE SUBDIVISION FILING N0. 2 RECORDED MARCH 24, 1998 UNDER RECEPTION N F057~755; 7d WEST BUSINESS CENTER SUBDIVISION FILING N0. 3, RECORDE JULY 2, 1999 UNDER RECEPTION N0. F09Q1318 AND 70 WEST BUSINESS CE SUBDIVISION FILING NO. 4 RECORDED JULY 18, 2005 UNDER RECEPTION NO. r- .f *a f k ~.a - 1 2005050463. SHOWN HERE~V r f EM - 16. ANY TAX, LIEN, FEE, OR ASSESSMENT 8Y REASON OF INCLUSION OF SU~JEG PROPERTY IN THE NORTHWEST L.AKEWOQD SANITATION DISTRICT, AS EVIDENC BY INSTRUMENT RECORDED FEBRUARY 28, 1967, IN BOOK 1924 AT PAGE 21 ANO APRIL 13, 1967 IN 800K 1932 AT PAGE 439. ty _ t~ i AFFECTS SUBJECT PR~ERTY 8UT IS NOT PIOTTABIE t: i~a'' = L 17. TERMS, CONDITIONS, PROV{SION5, BURDENS ANO OBLIGATIONS AS SET FORTH i ORQINANCES FOR ANNEXAT{ON RECORDED SEPTEMBER 13, 1973 IN BOOK 25 AT PAGE 146 AND JUNE 6, 1974 IN BOOK 2631 AT PAGE 297. e AFFECTS SUBJECT PROPERTY 8UT IS NOT PL4TTA8lE 18. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORT DEVELOPMENT AGREEMENT RECORDEQ JUNE 27, 1980 UNDER RECEPTION N0. 80047290. AFFECTS SUBJECT PROPERTY BUT I5 N07 PL07TA8LE _ e! ~ ~ t 19. THE EFFECT OF PUD MAP5 RECORDED AUGUST 13. 1984, UNDER RECEPTION r' 84076365; JULY 2, 1999 UNDER RECEPTION N0. FQ901317; JULY 18, 2005 UNDER RECEP110N NO. 2005050464 ANO UNDER RECEP110N N0. 200505046 AFFECTS SUB.~CT PR~'ERTY BUT IS NOT PLOTTABIE f ~_,a a-'~ i 20. EASEMENTS GRANTED TO PUBLIC SERVICE COMPANY CAF COLORADO, FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED OCT08ER 1984, UNDER RECEPTION Nfl. 84098613. Of~S NOT AFFECT SUB~CT PROPERTY 21. EASEMENTS GRANTED TO PUBLIC SERVECE COMPANY QF COLORADQ, FOR UTILITIES, ANO INCIDENTAL. PURPOSES, BY INSTRUMENT RECORDED NOVEMBE 1984 llNDER RECEPTION N0. 84104532. 'T e__ Ot~S NOT AFFECT SUB~CT PROPERTY _ 22. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTI RIGHT-OF-WAY AGREEMENT RECORDED FEBRUARY 12, 1985 UNDER RECEP N 0. 85013508. as ti- 5 PARTIAL dACATION OF RIGHT-OF-WAY RECORDED MARCH 26, 1998 UNDER RECEPTION NO. F0579fl69. .y `i. SHOWN HERE(NI " b3 i 23. TERMS, CON01170NS, PROVISIONS, BURQENS AND OBLIGATIONS AS SET FORT NOTICE RECORDED MAY Q6, 1993 UNDER RECEPTION N0. 93063072. P AFFECTS SUBJECT PROPERTY 8UT IS NOT PL4TTABLE .rte....... ..,.......r.i..~r. nr~~~ne~~n►~c+ r~~ ~r~r~rwac~ w~~n not 1/'~wTil11.IC AC CCT Cl1t7T1 T k' L4. ItKMSj LuNUI I IV1V :3y T'"RV YI JILIV .ZOVRIlGIV.7 P%1'4 Li LOt_IVn 11vf I .J n.i ..r~I I vt I* I I E 1 WI. 11 1 117 ,%a a a n W-,k -k .r%r f-4 -r-%. .0 1-4 t a ! . I W" r-m ~L - aa._.a aa_ a a a...ans, to-Bi., 2-0 a w rer.:n&I a aaa_ 29 INSTALLATION AND LEASE AGREEMENT RECORDED APRIL 03, 1996 UNDER RECEPTION NO. F0210333. SHEET 1. OF 2104 AFFECTS SUBJECT PROPERTY BUT IS NOT PLOTTABLE i i 25. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORT BUY/SELL AGREEMENT RECORDED APRIL 13, 1995 UNDER RECEPTION NO. F0040273. JONES ENGINEERING AFFECTS SUBJECT PROPERTY BUT IS NOT PIOTTABLE I ASSOC., INC. F[t Y LANDFILL. Littleton, Colorado 18'0120 Plic ne: -303-738-0283 Fax- -303-739-029-5 i _ L 1 a L - ti` ALTA/ACSM LAND TITLE SUR 3291 YOUNGFIELD SERVI PART OF LOT 1 AND LOT 3, 70 WEST BUSINESS CENTE LOCATED IN THE NW 1/4, SECTION 29, TOWNSHIP 4 SOUTH, Y~~ . ra r ~ { I ti ,t` CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON , V ~ ~ ~y, ~ ~ F ; ~ e! aye` _ l \~l ,~'~``d 1 i ~ ~ ; s f ~ ~ E ,d°° I i a \ r a ~ ` ~ ~T k j ~ s° 1 % ~ , /j /i! `A'f-ST BUSINF SS CEN TEP, SUf3Dl`,/ISION III IN~_ fJO. E ~ ~j ZONECi PCD E 1 1. t t/ A i i _ ~I 1 / i F ~ t f ~ ~ 1 j ~ ~ i i ~ i r~ f i E f { f of / I (J d i ~ t ~ ~ a~ - , E s I :k ~ t' _ ~ ,t.~ f tt, i ~ i ~ a ; 3 r--~A 1, I~ f p tJ ~r~_' $ f f ~ ( n ii j t i 1 ~ 9 t , ~ i ~ 13.3' ~ ~ --cry I i i t~ o ~ ~ J ~ ~ ~ J ~ a~ ~ f f~ } I r~ r t 4j ~ i ~ w y I ~ ~ z J ~ ~ n cn f~ v ,i a' < r ~ ' I ~ ~ ' z I mo,; Q ~ t±-~ ~ r 'a (i nit 1 ~ ~a i I i f I ( ~ ~ Va a a i ~ ~ ` I i ~i I I ~ 1 i~ ~ ~ ~ ' ~ a . v • . ' I c~ i . I ~ i i ~ + J to s' - t C- ; ~ - ~ ~ ~ ~ ~ ~ ~ ~ l ~ ~ ~ ~ ~ ~ # ' I I ~ W. ,i w i_.~_, ~i r ~ € V~ i s s `s ~.1_`' j ' ! ' ~ _ ~ I ~ s j ~y _ ~ I i 1 Y- f i ; i I i _ i 1 it ~ f 3 ~ ~ ~ f ~ , € ~ i ~ r ~ } ~ ! ~ if i ( E ri ss 1 7 f 3 j Ef I W i I 1 1 1 i i f E E ~-z ~ i i 1 ft ~ i .I aI. "e . - .i ,~i ~ ~ ~ f t V 'may r * r i { j F ~ ~ i ~ f y~i p,~ 4 j~~ vu" Lim ~n 7 i f 1 ~ f E ~ I I R.i.i f i ~ i I ~ I' E e~ i ~ E ~ ~ ~ ~ ~ ~ C~ U ~ e ~ ! ~ ( j f - ~y ~ W \j ! 1 E L./ ~ I 1 ~ j ® - - ' .s~~. ~ ; c~ l ~L. v ~ i f ; - t G r ~ I~ i i~° ~t i j ; i ' 1 I if + ~ l E 1 i ~I 1 ~ i -a. I ~ I i 4i i Ii 's i ~I ~ 4 it I IIf j i I'~f ,k ~ l i ~ ' i.~ i E } ( I t ! f 3 I I ~ i i' I I fI ~ I I I 3 j f 41 i c { ~ fI ; E ~ IE ~ ~f { ~ { - - ! I~, ~ I G ! ~ a I I i { I ! i s ~I I ~ ~ ~ 3 ! i ! I ~ ' i~ 1 l~ i' i i ~ ~ i 'j ~ ~ I i I ~ I~ E E I i f, 'I = ~ I i I~ I 3i ~ w ~ iI i i i ft 11 € I 1 Iy A E 1 I ~ { ~ ~ ' f. ~ ii ~ . 1 l ;i f i . 1 4 I 4 y~ ~f,f f 1' i ' I ~i I ~ ~ fG ii ~ I ~ i i i ~ E ~ 1 i I ` E +i ~ 4(~ I E i I ; t, i 1 ~ I e f I if €3 j 6 ~I i~ ;F ~ # ! ~ 'R , j E; 9 ~ ~ ' ~t 1 ~ E ~ _ _ P ~i~ f 1 ~1 ~ I~ 3 1 (I i I a i k- SHEET 2 OF 2 iE € i ~ f i E, 1{ 1~ ~ 1~ f f ii ff 7 i 'i ~ ~,1 7 i t ~ f ~ ~ ~ ~i ~ ii 1 ~ i r i t a v, ~ ~I 'j 1 ~ ~1 ~ ~1 1 i n, `i `S fS ' ~f ~ i JONES ENGINEERING .i ~ ~ 1 1 1 3 Ij ~3i f~ 1? I ASSOC., INC. l Littleton 1-801-1-0 \d. f Suite. Littleton, Colorado 1.2)0 W. Phone: 303-7-38-0283 Fax- • I` F WHEAT hy~ q0 LAND USE CASE PROCESSING APPLICATION v m Community Development Department 7500 West 29`h Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 Cat ORN(Please print or type all information) a I f / Phone3 3- / -2/.~ Applicant I0 W 6C LL-(! Address '7'`.7 O S S. 0 /fit l C - n,,j CiTy OCALL F0- / State CC) Zip Oy37 Fax 3~)37~f/ Owner SA M F Address Phone City State Zip Fax Contact .6 60 4 l A)E c /4 TAP, 144ddress S'~q 14-14 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 (address): / T © -jl ,D CD L.o C k ®u Co F .L vAAI WK 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) Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: jl g / y Detailed descrip on of request: /111 7Dk)td 4±~~ C.Psr Gv -70 10944- 44 1tf, rt. L a3 Required information: Assessors Parcel Number S (g Size of Lot (acres square footage): 3 7 2 7L Current Zoning: Proposed; oning: Current Use: ~ativ~p- 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 c of lawfully be accomplished. Applicants other than owners must sub attor ey from the ovine wh' It proved of this action on his behalf. Sign r~ of Applicant MARSHALL E. Subscribed and sworn tome this C~ pay of L/ { 20 ~j WELTON o ~ ~q'• p Notary Public OF ru My commission expires yC-f,zU To be filled out by staff- iQ Date received b Fee $ 0° Re~ t Case No. -0~ Date Comp Plan Desig. Zoning ( Quarter Section Map /9l Y Related Case No. Pre-App Mtg. Date Case Manager /Z 2 2 Case No.: LLA0 104 Quarter Section Map No.: NYy2g App: Last Name: 0 WBC, LLC _ Related Cases: I _J App: First Name: clo Dwaine Richter _f Case History: Lot line adjustment... Owner: Last Name: 70 WBC, LLC __J Owner: First Name: c/o Dwaine Richter _ App Address: 505 S Yosemite St, #371 Review Body: City, State Zip: Denver, CO80237 _ App: Phone: 303-741-2123 APN' 39_292_07-038 Owner Address: ame _ 2nd Review Body: City/State/Zip: 2nd Review Date: Owner Phone: ame _ Decision-making Body: dm. _i Project Address: 3_20.0 - __J Approval/Denial Date: Street Name: cungfeld Service R City/State, Zip: heat Rid a CO 803 03 N g ' Reso/Ordinance No.: - - Case Disposition: Conditions of Approval: I I Project Planner: Reckert File Location: ctive Notes: Follow-Up: District: Date Received: 1 211 9/2 0 0 8__) Pre-App Date: 1111312008 =1TV OF WHEAT RIDGE iE;'i lu8 3:21 N'l cdbb 72 WBC LLC nECENT 1'40000105= AF lIUNT HM ZCWING APPLICATION F 3001, GO ZGPiP P.'MENT RECEIVED RMOUN %K 2Fii' 3©0,00 TGTRL 300,0@1 City of r Wheat k ge COMMUNITY DEVELOPMENT PRE-APPLICATION MEETING SUMMARY Meeting Date: Attending Applicant(s): Attending Staff: Address/Specific Site Location: Existing Zoning: Existing Comp. Plan: November 13, 2008 Dwaine Richter 4505 South Yosemite St. #271 Denver, CO 80237 Meredith Reckert - Senior Planner Jeff Hirt - Planner II Adam Tietz - Planner I Mark Westberg- Special Projects Engineer Lots 3 and 4 70 West Business Center Subdivision Wheat Ridge, CO PCD - Planned Commercial Development CC, Community Commercial Center Applicant/Owner Preliminary Proposal: The applicant is requesting to change the lot lines of lot Xand lot - lf of 70 West Business Center Subdivision, Filing No. 4 to the lot configuration as it is shown on Filing No. 3 of the 70 West Business Center Subdivision. Currently the land on both of the lots is vacant and has not been developed. A final development plan was approved by the city to allow a carwash on lot 3 of the 70 West Business Center Subdivision. The applicant does not have anything planed for the proposed lot yet but will proceed once the properties to the north (Cabela's/Coors Subdivision) develop. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood meeting will not be required for a lot line adjustment. Existing Conditions: The property is located in the 70 West Business Center, Planned Commercial Development (PCD). It is immediately to the west of Interstate 70 and W. 32 id Ave on the Youngfield Service Road. The area is zoned PCD and has a variety of uses that are primarily oriented toward interstate traffic. The uses include a gas station, eating establishments, and a hotel. In the future, Youngfield Service Road will provide access to a major commercial and retail center. The two lots in question have not been developed even though an amendment to the PCD was approved in 2005 to allow a carwash on one of the lots. Planning comments: A lot line adjustment is typically an administrative process and is a fairly simple process. However, concerns have been raised as to how the proposed lot line adjustment will affect the overall development potential of the site and the existing FDP. Currently, the allowed uses are very specific on how the lots can be used. If the lot line is moved it would result in a large lot with a small area that could be developed while having very limited uses with in that developable area. In addition increasing the lot size would also result in the current FDP being inaccurate according to the development standards that have been set, ie. landscaping, building coverage, parking area, etc. If the lot line adjustment is approved the FDP will have to be amended to reflect the changes in the development standards. In order to achieve the highest and best use on the property when it is developed, the ODP may have to be amended. Since the only use allowed on one of the current lots is a carwash, this area of the may only be used as a carwash even after the lot line is moved to create one large lot. The list of allowed uses will have to be expanded in order to allow for a greater range of uses and use areas. When the Cabela's/Coors Subdivision is developed the new lot will benefit from having a greater range of uses as opposed to allowing only a carwash. The PCD does allow for only one "center i.d. sign". The sign that has been designated the center i.d. sign on the FDP is currently not being used in this manner. The 50 foot sign located on the same lot as the cafe may be used as the center i.d. sign and have shared/off premises signage with other businesses in the 70 West Business Center. Public Works Comments: The Public Works has no comment regarding the lot line adjustment. However, they will require that one of the two accesses to Youngfield Service Road to be removed. Please be advised the Public Works Department now requires all plats to be submitted in digital format on a CD-ROM in addition to full size copies for their review. As of 2007, all plat documents must be on the State Plane Coordinate System. If the plats are not received in digital format or they are not on the correct coordinate system, the Public Works Department will not review the plat. All documents will be returned and the review will not begin until all documents are in the correct format. The Process The first step in the Lot Line Adjustment platting process began with the pre-application meeting on November 13, 2008. The lot line adjustment process is an administrative process and does not require any public hearings to be held before City Council or Planning Commission. 2 At this time the applicant may submit an application for the lot line adjustment. Incomplete applications will not be accepted or reviewed. All required documents must be included with the application otherwise the application will be considered incomplete. Upon submittal of any application, a case manager will be assigned to the case. They will review and make comments on the project. The project will also be simultaneously be reviewed by other departments and utility companies for their comments. When the review is complete the case manager will inform the applicant of issues from all the reviewing agencies that need to be addressed or if all requirements have been met. If all requirements are to the satisfaction of Community Development Staff the plat must be printed on mylar paper with all the required signatures so it can be recorded with the Jefferson County Clerk and Recorder. Building comments: Building Department was not present at the meeting. Comments will be made upon any building permit application. Streetscape / Architectural Design comments: The ASDM will only apply to new buildings and are not applicable at this time. Attachments: Pre-application transmittal sheet, Mineral rights certification form Phone Numbers Meredith Reckert - Senior Planner 303-235-2848 Jeff Hirt - Planner II 303-235-2849 Adam Tietz - Planner I 303-235-2845 John Schumacher-Building Official 303-235-2853 Dave Brossman - Development Review Engineer 303-235-2864 Mark Westberg - Special Projects Engineer 303-235-2863 Ryan Stachelski - Economic Development Specialist 720-898-4706