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HomeMy WebLinkAboutWads & 44th Land Title 702610291CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact _______________________________________ Phone:Fax: Form DELIVERY.LP 10-04-2011 ABD70261029*1 WADSWORTH & W. 44TH AVE. WESTON SOLUTIONS 143 UNION BLVD SUITE 810 LAKEWOOD, CO 80228 Attn: NICHOLAS MOORE Phone: 303-729-6106 Copies: 1 EMail: nicholas.moore@westonsolutions.com Linked Commitment Delivery CITY OF WHEAT RIDGE Attn: STEVE ART Copies: 1 EMail: sart@ci.wheatridge.co.us Sent Via EMail Land Title Guarantee Company Commercial Title Dept. 303-850-4174 303-393-4947 LTG Policy No. Our Order No. Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of 1. Title to said estate or interest at the date hereof is vested in: 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: Liability: PROPERTY INFORMATION BINDER Fee: ABD70261029*1 WESTON SOLUTIONS LTAQ70261029*1 $50,000.00 SEE ATTACHED Form PIB/ORT A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company $0.00 This Policy is issued in lieu of Policy No. LTAQ70261029 which is(are) hereby cancelled. September 26, 2011 at 5:00 P.M. Title to the estate or interest covered by this policy at the date hereof is vested in: Our Order No.ABD70261029*1 THE WHEAT RIDGE URBAN RENEWAL AUTHORITY; JAMES E. KOLLS; AND CITY OF WHEAT RIDGE, COLORADO; AS THEIR INTERESTS APPEAR OF RECORD LTG Policy No. Our Order No. 3. The land referred to in this Binder is situated in the State of Colorado, County of described as follows: 4. The following documents affect the land: ABD70261029*1 JEFFERSON 1. 2. 3. 4. 5. 6. Form PIB/ORT EXISTING LEASES AND TENANCIES, IF ANY. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN, ON OR UNDER THE LAND, WHETHER OF RECORD OR NOT. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED JUNE 21, 1951 IN BOOK 723 AT PAGE 149. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED MARCH 14, 1962, IN BOOK 1456 AT PAGE 510. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SPECIAL WARRANTY DEED RECORDED JUNE 27, 1962 IN BOOK 1493 AT PAGE 149. LEASE BETWEEN TRANSAMERICA TITLE INSURANCE COMPANY, LESSOR, AND NATIONAL TEA CO., LESSEE, AS SHOWN BY LEASE AGREEMENT RECORDED JULY 07, 1967, IN Land Title Guarantee Company Representing Old Republic National Title Insurance Company SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION LTAQ70261029*1 4. The following documents affect the land: (continued) Our Order No. LTG Policy No. ABD70261029*1 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Form PIB/ORT BOOK 1950 AT PAGE 333. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF EASEMENT RECORDED AUGUST 01, 1967 IN BOOK 1956 AT PAGE 126 AND THAT QUIT CLAIM DEED RECORDED OCTOBER 31, 1980 UNDER RECEPTION NO. 80082871. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS TO AGREEMENTS AS SET FORTH IN ASSIGNMENT RECORDED JANUARY 10, 1969 IN BOOK 2074 AT PAGE 248. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED NOVEMBER 14, 1969, IN BOOK 2144 AT PAGE 746. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AND RIGHT OF WAY RECORDED OCTOBER 13, 1970 IN BOOK 2213 AT PAGE 722. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN REAL ESTATE CONTRACT INSTALLMENTS RECORDED DECEMBER 14, 1973 IN BOOK 2576 AT PAGE 693 AND THAT ASSIGNMENT RECORDED 10051977 IN BOOK 3080 AT PAGE 729. LEASE BETWEEN JAMES W. AND ELLEN V. PINKARD, LESSOR, AND ALBERTSON'S, INC., LESSEE, AS SHOWN BY MEMORANDUM OF SHOPPING CENTER LEASE RECORDED DECEMBER 20, 1976, IN BOOK 2940 AT PAGE 297 AND THAT FIRST AMENDMENT RECORDED AUGUST 12, 1977 IN BOOK 3052 AT PAGE 91. (ITEM INTENTIONALLY DELETED) (ITEM INTENTIONALLY DELETED) (ITEM INTENTIONALLY DELETED) TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN RELEASE OF COVENANTS RECORDED DECEMBER 12, 1978 UNDER RECEPTION NO. 78112816. LTAQ70261029*1 4. The following documents affect the land: (continued) Our Order No. LTG Policy No. ABD70261029*1 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Form PIB/ORT EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF TIME SQUARE SUBDIVISION RECORDED NOVEMBER 19, 1982 UNDER RECEPTION NO. 82081495. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENTS RECORDED MAY 20, 1987 UNDER RECEPTION NOS. NO. 87066226 AND 87066227 AND THAT RATIFICATION RECORDED MAY 1, 1997 UNDER RECEPTION NO. F0407439. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED AUGUST 20, 1987, UNDER RECEPTION NO. 87107245. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTIONS RECORDED NOVEMBER 20, 1991 UNDER RECEPTION NO. 91108123 AND APRIL 30, 2001 UNDER RECEPTION NO. F1226476. LIEN WEED REMOVAL ASSESSMENTS EVIDENCED BY STATEMENT OF LIEN RECORDED AUGUST 20, 1993, UNDER RECEPTION NO. 93127509. (ITEM INTENTIONALLY DELETED) TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN BOUNDARY SURVEY PLAT RECORDED AUGUST 13, 1997 UNDER RECEPTION NO. F0460102. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION RECORDED JULY 19, 2001 UNDER RECEPTION NO. F1279302. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN IMPROVEMENT SURVEY PLAT RECORDED NOVEMBER 21, 2003 UNDER RECEPTION NO. F1911560. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN LAND SURVEY PLAT RECORDED NOVEMBER 03, 2004 UNDER RECEPTION NO. F2121706. LTAQ70261029*1 4. The following documents affect the land: (continued) Our Order No. LTG Policy No. ABD70261029*1 27. 28. 29. 30. 31. 32. 33. Form PIB/ORT DEED OF TRUST DATED APRIL 17, 2008 FROM WHEAT RIDGE URBAN RENEWAL AUTHORITY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF FIRSTBANK OF WHEAT RIDGE TO SECURE THE SUM OF $1,428,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED APRIL 17, 2008, UNDER RECEPTION NO. 2008036967. DEED OF TRUST DATED APRIL 17, 2008 FROM WHEAT RIDGE URBAN RENEWAL AUTHORITY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF FIRSTBANK OF WHEAT RIDGE TO SECURE THE SUM OF $1,857,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED APRIL 17, 2008, UNDER RECEPTION NO. 2008036969. LIS PENDENS IN THE DISTRICT COURT IN AND FOR THE COUNTY OF JEFFERSON ENTITLED WHEAT RIDGE URBAN RENEWAL AUTHORITY, PLAINTIFF(S), VS UNDERWRITERS INTERNATIONAL, INCORPORATION, ET AL, DEFENDANT(S), RECORDED SEPTEMBER 18, 2008, UNDER RECEPTION NO. 2008087834, CIVIL ACTION NO. 08-CV-4003. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CITY OF WHEAT RIDGE NOTICE RECORDED JANUARY 07, 2009 UNDER RECEPTION NO. 2009001396. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MAMBER SANG COUNCIL BILL NO. 19 ORDINANCE NO. 1474, SERIES 2010 RECORDED DECEMBER 15, 2010 UNDER RECEPTION NO. 2010113917. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN TOWN CENTER NORTH CONCEPT PLAN, AN OFFICIAL CONCEPT PLAN OF THE CITY OF WHEAT RIDGE RECORDED AUGUST 10, 2011 UNDER RECEPTION NO. 2011073094. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN PERMANENT ACCESS EASEMENT AGREEMENT RECORDED SEPTEMBER 26, 2011 UNDER RECEPTION NO. 2011086132. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR LTAQ70261029*1 4. The following documents affect the land: (continued) Our Order No. LTG Policy No. ABD70261029*1 Form PIB/ORT REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. LTAQ70261029*1 LEGAL DESCRIPTION Our Order No. LTG Policy No. ABD70261029*1 A TRACT OF LAND BEING THOSE TRACTS OF LAND RECORDED AT RECEPTION NO. 2008036966, RECEPTION NO. 2008036968, RECEPTION NO. 2009024759, RECEPTION NO. 2009083768 AND A PORTION OF LOTS 3 AND 4, TIME SQUARE SUBDIVISION IN THE CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO AS RECORDED UNDER RECEPTION NO. 82081495 OF THE RECORDS OF SAID JEFFERSON COUNTY. LOCATED IN A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (W1/2 NE1/4 NW1/4 SE1/4) AND THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (E1/2 NW1/4 NW1/4 SE1/4) OF SECTION 23, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO, BEING MORE OARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 23; THENCE S55°44'20"E A DISTANCE OF 1165.08 FEET TO THE TRUE POINT OF BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (N1/2 NW1/4 SE1/4) WITH THE WEST RIGHT OF WAY LINE OF THE FIFTY (50) FOOT WIDE UPHAM STREET; THENCE S89°40'45"W ON SAID SOUTH LINE, A DISTANCE OF 632.34 FEET TO THE SOUTHWEST CORNER OF SAID E1/2 NW1/4 NW1/4 SE1/4; THENCE N00°11'00"W ON THE WEST LINE OF SAID E1/2 NW1/4 SE1/4 AND THE WEST LINE OF SAID LOT 3, A DISTANCE OF 424.89 FEET TO THE WEST END OF THE ADJUSTED LOT LINE DESCRIBED AT RECEPTION NO. F0460102 OF THE RECORDS OF SAID JEFFERSON COUNTY; THENCE N89°41'34"E ON SAID ADJUSTED LOT LINE, A DISTANCE OF 291.05 FEET TO A POINT THIRTY-SEVEN AND ONE-HALF (37.50) FEET WEST OF THE EAST LINE OF SAID LOT AND LOT 4 AS MEASURED PERPENDICULAR THERETO; THENCE N00°11'59"W PARALLEL TO SAID EAST LINE, A DISTANCE OF 183.82 FEET TO A POINT FIFTY-TWO AND ONE-HALF (52.50) FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 23 AS MEASURED PERPENDICULAR THERETO; THENCE S89°41'34"W PARALLEL TO SAID NORTH LINE, A DISTANCE OF 290.99 FEET TO THE WEST LINE OF SAID LOT 4; THENCE N00°11'00"W ON SAID WEST LINE, A DISTANCE OF 14.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF 44TH AVENUE AND A POINT WHICH IS THIRTY-EIGHT AND ONE-HALF (38.50) FEET SOUTH OF SAID NORTH LINE AS MEASURED PERPENDICULAR THERETO; THENCE N89°41'34"E PARALLEL WITH SAID NORTH LINE AND ON SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 328.49 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE S00°11'59"E ON THE EAST LINE OF SAID LOT 4, A DISTANCE OF 8.50 FEET TO THE SOUTHWEST CORNER OF THE TRACT OF LAND DESCRIBED AT RECEPTION NO. 87085220 OF THE RECORDS OF JEFFERSON COUNTY, THE FOLLOWING THREE (3) COURSES ARE ON THE LTAQ70261029*1 LEGAL DESCRIPTION Our Order No. LTG Policy No. ABD70261029*1 SOUTHERLY LINE OF SAID TRACT OF LAND; THENCE 1.) N89°41'34"E A DISTANCE OF 20.00 FEET; 2.) N42°44'15"E A DISTANCE OF 19.16 FEET; 3.) N89°41'34"E A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND; THENCE N00°11'59"W ON THE EAST LINE OF SAID TRACT OF LAND, A DISTANCE OF 3.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF 44TH AVENUE AND A POINT WHICH IS THIRTY (30.00) FEET SOUTH OF NORTH LINE OF SAID SE1/4 AS MEASURED PERPENDICULAR THERETO; THENCE N89°41'34"E PARALLEL WITH SAID NORTH LINE AND ON SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 210.44 FEET TO SAID WEST RIGHT OF WAY LINE OF UPHAM STREET; THENCE S00°12'58"E ON SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 631.05 FEET TO THE TRUE POINT OF BEGINNING. LTAQ70261029*1 Property Information Binder PIB.ORT Cover Page 1 of 2 CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB.ORT Cover Page 2 of 2 Issued through the Office of: LAND TITLE GUARANTEE COMPANY ___________________________________________ Authorized Signature 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4174 Date: LAND TITLE GUARANTEE COMPANY INVOICE - CHARGES - When referring to this order, please reference our Order No. Customer Reference No. Record Owner: Property Address: --Total-- Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: October 04, 2011 ABD70261029*1 Property Information Binder $0.00 $0.00 WADSWORTH & W. 44TH AVE. THE WHEAT RIDGE URBAN RENEWAL AUTHORITY; WADSWORTH & W. 44TH AVE. LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206