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MS-15-04
41 City of Wheat�idge COMMUNITY DEVELOPMENT Memorandum TO: Case File — MS-15-04/Breakfast Queen FROM: Meredith Reckert, Senior Planner DATE: February 24, 2016 SUBJECT: recordings On November 12, 2015, the approved Breakfast Queen plat was recorded with the Jefferson County Clerk and Recorder's office at reception number 102372. Attached to this memo are quitclaim and warranty deeds between the city and the property owner dedicating right-of-way to the City and deeding the subject property to the property owner. These deeds were recorded on February 10, 2016. 2016012836 2/10/201612:40 PPA PGS 1 $11.00 DF $0.00 ElecVonically Recorded Jefferson Ceun:y. Co Faye Griffin. Clerk and Recorder TD1000 N QUIT CLAIM DEED THIS QUIT CLAIM DEED is made thisgi day of _ 6rJct1' 2016, between 38th & Sheridan, Ltd. Partnership, a Colorado ited partnership, dtg organized and existing under and by virtue of the laws of the State of Colorado whose legal address is 6500 S. Quebec Street, Englewood, CO 80111 (Grantor), to the City of Wheat Ridge, Colorado, whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (Grantee). WITNESSETH, that the Grantor, for and In consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, does hereby QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand, if any, which the Grantor has in and to the following real property, together with all Improvements, situate, lying, and being in the City of Wheat Ridge, Jefferson County Colorado: TRACT A, BREAKFAST QUEEN SUBDIVISION, CITY OF WHEAT RIDGE COUNTY OF JEFFERSON STATE OF COLORADO. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the proper use and benefit of the Grantee, its successors and assigns forever. above. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth STATE OF COLORADO County of 414aoa n,,1164- 387Sheridan, Ltd. Partnership, Grantor By: _ Name: Ro rr�4 Title: 14, e2 e - ii.e LLC G-" 3 as -r c2 t 30 , SIne✓.aA,-J ss. The foregoing instrument was acknowledged before me this day of t aP 2016, bye C. pwry as PA/17..r.r 6 f P3rry �ru (rjr�(,Lf 6P✓12t^al ting of 381h & Sheridan, Ltd. artnership, Grantor. d / Witness my hand and official seal. My Commission Expires: TERESA SALAS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944000095 MY COMMISSION EXPIRES FEBRUARY 27, 2018 a �' e" - �- -'-� -- Nory_ Public Recorded Electronically ID County Date Tiroe�L1 Situp ifile.com 800.460.5657 QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this pitj da of �6r Jnr u, Y 2016, between 38 & Sheridan, Ltd. Partnership, a Colorado limited partnership, dAy' organized and existing under and by virtue of the laws of the State of Colorado whose legal address is 6500 S. Quebec Street, Englewood, CO 80111 (Grantor), to the City of Wheat Ridge, Colorado, whose address is 7500 W. 291h Avenue, Wheat Ridge, Colorado 80033 (Grantee). WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, does hereby QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand, if any, which the Grantor has in and to the following real property, together with all improvements, situate, lying, and being in the City of Wheat Ridge, Jefferson County Colorado: TRACT A, BREAKFAST QUEEN SUBDIVISION, CITY OF WHEAT RIDGE COUNTY OF JEFFERSON STATE OF COLORADO. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the proper use and benefit of the Grantee, its successors and assigns forever. above. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth STATE OF COLORADO County of /70e_� 381 Sheridan, Ltd. Partnership, Grantor By: Name: Ro rr Title: MAn� e2 LLC G e vun q I to 2.41-1 ca, � a o'14 L -rd ss. The foregoing instrument was acknowledged before me this day of 2016, by %z.herf C Atr�) as n��.j^ of 381h & Sheridan, Ltd. >fartnership, Grantor. Witness my hand and official seal. My Commission Expires: TERESA SALAS NOTARY Pl1BLIC STATE OF COLORADO NOTARY ID 19944000090 IR COWISSION EXPIRES FEBRUARY 27, 2018 WRPW 009 Notdiy Public IReco ed E ectronically County Date i e , Simplfflle.com 800.460.5657 When recorded return to: Preeo Silverman Green & Egle, PC Attn: Robert L. Preeo 6465 Greenwood Plaza Blvd. Suite 1025 Centennial, Colorado 80111 SPECIAL WARRANTY DEED THIS DEED, made this 11 day of January, 2Q16, between City of Wheat Ridge, a Colorado municipal; corporation ("Grantor"), and 38 & Sheridan, Ltd. Partnership, a Colorado limited partnership, duly organized and existing under and by virtue of the laws of the State of Colorado whose legal address is 6500 S. Quebec Street, Englewood, CO 80111 ("Grantee"): WITNESSETH, that the Grantor, for and in consideration of the sum of TEN and 00/100 Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference: Subject to those items as set forth on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, unto the Grantee, TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, Grantor has executed this deed as of the date set forth above ATTEST: COUNTY OF JEFFERSON) City of Wheat Ridge, a Colorado municipal corporation By: QWX, ( Q, I �" 7 Vy eJ ,M r ) ss. The foregoing instrument was acknowledged before me this J day of January, 2016, by Joyce Jay as Mayor, and Janelle Shaver as City Clerk of the City of Wheat Ridge, a Colorado municipal corporation. WITNESS my hand and official seal. Notary Public, ._7 My Commission Expires: ,') •,;13. r:?[7j g [SEAL KELLY K STEVENS NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20 084 011 241 MY COMMISSION EXPIRES MARCH 22, 2018 EXHIBIT A TO DEED LEGAL TITLE LOT I BREAKFAST QUEEN SUBDIVISION CITY OF WHEAT RIDGE COUNTY OF JEFFERSON STATE OF COLORADO EXHIBIT B PERMITTED EXCEPTIONS 1. EXISTING LEASES AND TENANCIES, IF ANY. 2. AN EASEMENT FOR SANITRARY SEWER LINE, AND INCIDENTAL PURPOSES, AS RESERVED IN DEED RECORDED FEBRUARY 5, 1958 IN BOOK 1103 AT PAGE 532. 3. EASEMENT GRANTED TO CITY OF WHEAT RIDGE, FOR SIDEWALKS, UTLITY POLES, TRAFFIC SIGNAL POLES, CONGTROLLER AND RELATED APPURTENANCES, BY INSTRUMENT RECORDED SEPTEMBER 19, 1975, IN BOOK 2771 AT PAGE 439. 4. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED MARCH 13, 1984, UNDER RECEPTION NO. 84022411. 5. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE WATER DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JUNE 06, 1991, UNDER RECEPTION NO. 91048927. 6. EASEMENT GRANTED TO CITY OF WHEAT RIDGE, FOR SIDEWALKS, TRAFFIC SIGNS, UTILITIES, AND INCIDENTIAL PURPOSES, BY INSTRUMENT RECORDED JULY 02, 1991, UNDER RECEPTION NO. 91058240. 7. RESOLUTION NO. 12-2001 FINDING THE EXISTENCE OF BLIGHT IN THE VICINITY OF THE 38' AVENUE CORRIDOR BETWEEN SHERIDAN BOULEVARD AND WADSWORTH BOULEVARD RECORDED JULY 19, 2001 UNDER RECEPTION NO. F1279301. 8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERAVATIONS AND NOTES ON THE PLAT OF BREAKFAST QUEEN SUBDIVISION RECORDED NOVEMBER 12, 2015 UNDER RECEPTION NO- 2015121093. 2016012837 2/10/201612:40 PM PGS 4 $26.00 DF$0.00 Electronically Recorded Jefferson County, Co Faye Griffin. Clerk and Recorder Tot 000 N When recorded return to: Preeo Silverman Green & Egle, PC Attn: Robert L. Preeo 6465 Greenwood Plaza Blvd. Suite 1025 Centennial, Colorado 80111 SPECIAL WARRANTY DEED THIS DEED, made this day of January, 216, between City of Wheat Ridge, a Colorado municipal; corporation (Grantor ), and 38 & Sheridan, Ltd. Partnership, a Colorado limited partnership, duly organized and existing under and by virtue of the laws of the State of Colorado whose legal address is 6500 S. Quebec Street, Englewood, CO 80111 ("Grantee"): WITNESSETH, that the Grantor, for and in consideration of the sum of TEN and 00/100 Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, Iyying and being in the County of Jefferson, State of Colorado, described on Exhibit A attached hereto- and incorporated herein by this reference: Subject to those items as set forth on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, unto the Grantee, TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, Grantor has executed this deed as of the date set forth above ATTEST: COUNTY OF JEFFERSON) City of Wheat Ridge, a Colorado municipal corporation By: Qwxe VY J ,M r ) ss. The foregoing instrument was acknowledged before me this � day of January, 2016, by Joyce Jay as Mayor, and Janelle Shaver as City Clerk of the City of Wheat Ridge, a Colorado municipal corporation. WITNESS my hand and official seal. Notary Public My Commission Expires: (,x)f [SEAL KELLY K STEVENS NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20084D11241 MY COMMISSION EXPIRES MARCH 22. 2018 EXHIBIT A TO DEED LEGAL TITLE LOT I BREAKFAST QUEEN SUBDIVISION CITY OF WHEAT RIDGE COUNTY OF JEFFERSON STATE OF COLORADO EXHIBIT B PERMITTED EXCEPTIONS 1. EXISTING LEASES AND TENANCIES, IF ANY. 2. AN EASEMENT FOR SANITRARY SEWER LINE, AND INCIDENTAL PURPOSES, AS RESERVED IN DEED RECORDED FEBRUARY 5, 1958 IN BOOK 1103 AT PAGE 532, 3. EASEMENT GRANTED TO CITY OF WHEAT RIDGE, FOR SIDEWALKS, UTLITY POLES, TRAFFIC SIGNAL POLES, CONGTROLLER AND RELATED APPURTENANCES, BY INSTRUMENT RECORDED SEPTEMBER 19, 1975, IN BOOK 2771 AT PAGE 439. 4. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE SANITATION DISTRICT, AS EVIDENCED BY TNSTRUMENT RECORDED MARCH 13, 1984, UNDER RECEPTION NO. 84022411. 5. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE WATER DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JUNE 06,199 1, UNDER RECEPTION NO. 91048927. 6. EASEMENT GRANTED TO CITY OF WHEAT RIDGE, FOR SIDEWALKS, TRAFFIC SIGNS, UTILITIES, AND INCIDENTIAL PURPOSES, BY INSTRUMENT RECORDED JULY 02,199 1, UNDER RECEPTION NO. 91058240. 7. RESOLUTION NO. 12-2001 FINDING THE EXISTENCE OF BLIGHT IN THE VICINITY OF THE 38T" AVENUE CORRIDOR BETWEEN SHERIDAN BOULEVARD AND WADSWORTH BOULEVARD RECORDED JULY 19, 2001 UNDER RECEPTION NO. F1279301. 8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERAVATIONS AND NOTES ON THE PLAT OF BREAKFAST QUEEN SUBDIVISION RECORDED NOVEMBER 12, 2015 UNDER RECEPTION NO. 2015121093. 1*644 Ir City of "� Wheat Nd COMMUNITY DEVELOPMENT ge City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 October 28, 2015 Jerrod Adams JR Engineering 7200 S. Alton Way Suite C400 Centennial, CO 80112 Dear Mr. Adams: This letter is in regard to an application filed for approval of a two -lot plat on property zoned Mixed Use -Neighborhood (MU -N) located at 5201 W. 38th Avenue. The application has been reviewed and the following are comments regarding the second submittal. All changes have been approved as requested by Planning. Attached are referrals received from other city departments and outside agencies regarding the plat document. Wheat Ridge Pub/ie 11"orks: See attached letter from Dave Brossman dated October 23, 2015. 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 changes have been made, please submit a 24" x 36" blackline mylar for recording. The signature of the surveyor of record must be original and in black, indelible ink. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner City of Wheat "19C PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: October 23, 2015 SUBJECT: MS-15-04/Perry Breakfast Queen Subdivision Plat I have completed my second review of the minor subdivision plat to facilitate transfer of property from the City of Wheat Ridge to the property owner at 5201 West 38th Avenue received on October 20, 2015, and I have the following comments: Final Plat 1. Public Works suggests the "20' Utility Easement" be shown as "20' x 20' Utility Easement". Without seeing the actual easement document it is not known if this is possible, but if it is we suggest the modification take place prior to Mylar®. 2. All other comments have been adequately addressed. CC: Steve Nguyen, Engineering Manager Mark Van Nattan, Engineering Technician File Breakfast Queen Subdivision_approval.ltr.doex OWNER'S CERTIFICATE, KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, BEING THE OWNER OF THOSE LANDS DESCRIBED BELOW, HAS .AID OUT, SUBDIVIDED AND PLATTED THE SAME INTO A LOT AND A TRACT AS SHOWN HEREON UNDER THE NAME AND STYLE v BREAKFAST QUEEN SUBDIVISION. TRACT OF LAND LYING IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP }SOUTH, RANGE 69 WEST OF THE XTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: -1E WEST 111 FEET OF THE EAST 141 FEET OF THE NORTH 135 FEET OF THE SOUTH 165 FEET OF THE SOUTHEAST ;NE -QUARTER OF SAID SECTION 24. XCEPT THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 91058241 OF THE OFFICIAL RECORDS OF THE COUNTY OF ; FFERSON, STATE OF COLORADO. ''INC MORE PARTICULARLY DESCRIBED AS FOLLOWS: .,ASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE STH PRINCIPAL MERIDIAN MONUMENTED AT THE SOUTH QUARTER CORNER BY A 344" BRASS CAP STAMPED "LS 13212" IN A RANCE BOX AND AT THE SOUTHEAST CORNER BY A 3Y." BRASS CAP STAMPED "LS 13212" IN A RANGE BOX, PER CITY OF WHEAT RIDGE CONTROL BEARS N89'59'57"W A DISTANCE OF 2,648.14 FEET. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, THENCE ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, N00'17'21"W A DISTANCE OF 55.15 FEET; THENCE S89'42'39"W A DISTANCE OF 30.00 FEET. TO THE WESTERLY RIGHT-OF-WAY LINE OF SHERIDAN BOULEVARD AND THE POINT OF BEGINNING; THENCE ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE AS DESCRIBED IN WARRANTY DEED RECORDED UNDER RECEPTION NO. 91058241, S44'51'21"W A DISTANCE OF 35.27 FEET; THENCE CONTINUING ON SAID NORTHERLY RICHT-OF-WAY LINE, BEING 30.00 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, N89'59'57"W A DISTANCE OF 86.00 FEET; THENCE N00'17'21"W A DISTANCE OF 135.00 FEET; THENCE S89'59'57"E A DISTANCE OF 111.00 FEET, TO THE WESTERLY RICHT-OF-WAY LINE OF SHERIDAN BOULEVARD; THENCE ON SAID WESTERLY RICHT-OF-WAY LINE, BEING 30.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, SOO'17'21"E A DISTANCE OF 110.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 14,673 SQUARE FEET OR 0.3368 ACRES. OWNER. CITY OF WHEAT RIDGE, COLORADO ATTEST NOTARY PUBLIC: STATE OF COLORADO ) )S.S. COUNTY OF JEFFERSON) THE FOREGOING CERTIFICATE OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20— BY JOYCE JAY AS MAYOR AND BY AS OF THE CITY OF WMEAT RIDGE. COLORADO. NOTARY PUBLIC WITNESS MY HAND AND SEAL BREAKFAST QUEEN SUBDIVISION LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO I I I I I o l i�lr 3 W 44TH AVE � � QI mi of LOT 1 =I o sI am I COMMENCEMENT I W 38TH AVE N O o� u) U r I MY COMMISSION EXPIRES: ADDRESS Public Wates suggesu This 6e sboWTs r 2U' 20' ,P Eremenls do nbW using a le dimm a.e Blu:r in mum sad This GENERAL NOTES. tobeasquarea.eaof20'x20'. V,II I1ivi,;; 1. PER C.R.S. 18-04-508, ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR. 20'x20' i` 2. PER C.R.S. 38-51-106, "ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET". ONE ^'1= METER EQUALS 39.37/12 U.S. SURVEY FEET, EXACTLY ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 3. THE SOUTH LINE OF THE SOUTHEAST OUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED AT THE SOUTH QUARTER CORNER BY A 3Y. BRASS CAP STAMPED "LS 13212" IN A RANGE BOX AND AT THE SOUTHEAST CORNER BY A 344 BRASS CAP STAMPED LS 13212" IN A RANGE BOX, PER CITY OF WHEAT RIDGE CONTROL BEARS N89'59'57"W A DISTANCE OF 2.648.14 FEET. - THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH By JR ENGINEERING, LLC TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 5. THIS PLAT IS ON THE CITY OF WHEAT RIDGE "CURRENT CITY DATUM", DEFINED AS FOLLOWS: A. A GROUND-BASED MODIFIED FORM OF THE NAD83 HARN (NAD83/92) STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAV088). C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300. 6. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL. AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 7. THE ZONING ON THE PROPERTY IS: MIXED USE - NEIGHBORHOOD (MU -N). 8. LOT 1 OF THIS PLAT WILL NOT BE DEVELOPABLE AS A FREESTANDING PARCEL. VICINITY MAP EI/I CCIPNER SEC. 21, NOT TO S,� IJS, SS AP RFCO4£REO 9/." BRASS CAP STAMPED: L S 13212 1985 1N A RANCE BOX CITY MONUMENT /11901 N 708481.96. E. 126J60.61 I I y 589'59'57"E 111.00' 3 mr r o w i m O of LOT 1 =I o 7.552 SF COMMENCEMENT I 34 AC N O o� u) U r M 00 N. 70584510, F-126J7J. 93 N N8942 39'E 20 10 0 n 1x,52' o Z ORIGINAL SCALE: •1S p'h LOT LINES HEREBY ?p ryry, CREATED eY 71115 o. -A' s $ TRACT A v0 7,120 S 589'S9'SYE 45.69' 0.1635 AC LOT LINE HEREBY CREATED BY THIS PLAT R� ya \ N89'59'57"W 86.00' i; 1 Ci -PONT OF BEGINNING NB9'42'39"E_ 30.00' I SURVEYOR'S CERTIFICATE I, JARRCO .,_,v,'. JJ HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF BREAKFAST QUEEN SUBDIVISION WAS MAG'. 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 ACCURATE ' REPRESENTS SAID SURVEY. ��)'fpD bgfys 38252 JARROD ADAMS. P.L.S. NO. 38252'• COLORADO LICENSED PROFESSIONAL LAND SURVEYOR L, FOR AND ON BEHALF OF JR ENGINEERING. LLC 7200 S. ALTON WAY, SVI TE C400 CENTENNIAL, CO 80112 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN. THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN TH. SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. CITY CERTIFICATION APPROVED THIS _ DAY OF 20� BY THE CITY OF WHEAT RIDGE. CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS LEGEND SECTION LINE - -- EXISTING EASEMENT LINE EXISTING BOUNDARY UNE -- LOT UNE HEREBY CREATED BY THIS PLAT --- EXISTING RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATION SF SQUARE FEET AC ACRE(S) ® SET CONCRETE NAIL AND BRASS TAG STAMPED: JR ENC PLS 38252 O SET 18" NO. 5 REBAR WIN 1)5 ALUMINUM CAP STAMPED: JR ENG PLS 38252 + RECOVERED MONUMENT AS NOTE. -.F RECOVERED MONUMENT AS NOTED CITY OF WHEAT RIDGE PUBLIC WORKS. ENGINEERING APPROVED FOR: ODRAINAGE D SIDEVMALK OCURB a GUTTER 0 STREET 0 MISCELLANEOUS 0 PLAT COMMENT CML E INkE' R SUBJECT TO FIELD INSPECTIONS CITY OF WHEAT RIDGE PUBLIC WJORICS DATE 10/20/2015 COUNTY CLERK AND RECORDERS CERTIFICATE. RECEIVED 10120/2015 STATE OF COLORADO 2nd SUBMITTAL _ 555 COUNTY OF JEFFERSON j I HEREBY CERTIFY THAT THIS PLA' NAS I _U 0 'HE COUNTY CLERK AND RECORDER Or ,.LI �SuN AT GOLDEN, COLORADO, AT O'CLOCK —M. ON THE _ DAY OF . 20_ A.D., IN BOOK NO.: PAGE NO.: JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY CASE HISTORY SUP -75-06 WZ-79-41 wz-81-07 SUP -02-01 MS -15-04 RECEPTION NO.: BREAKFAST QUEEN SUBDIVISION JOB NO. 15781.00 PREPARED: JULY 7, 2014 REVISED: OCTOBER 13, 2015 SHEET 1 OF 1 VJ•R ENGINEERING A WoMr,as CaepmM 3w,el7la; �, '� 3393 • Cobrado *ngs 719-ffl6-2593 Fat Coks 97 491-913 • WWW/engre&Tq,= WEST 38TH AVENUE j va 9!-! N4 --7 \V•- (R,O.W. WIDTH VARIES) BASIS OF BEARINGS N - I - YW r3/I ' SOU IN f//✓E 114 ZSE 1/4 SEC Tf, T.JS, R.69W. 61N P.M I POINT OF 711/4 caeN£R -C COMMENCEMENT I P.21, IJS, R.69w, 67N M RECOI•ERED .014' BRASS CAP SIAMP£D.-LS 13217 1985 IN A RANGE BOX hIY MOVUMENI /15909 N 705845.11, E 123725.79 REC SE R.69 N SEC. P. T.JS, R.69W., 61N C M. I O STAMPED. LS BRASS CAP 2 1985 INLA RANIGE BOX GIY MONUMENT/15901 N. 70584510, F-126J7J. 93 20 10 0 20 ORIGINAL SCALE: 1" = 20' SURVEYOR'S CERTIFICATE I, JARRCO .,_,v,'. JJ HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF BREAKFAST QUEEN SUBDIVISION WAS MAG'. 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 ACCURATE ' REPRESENTS SAID SURVEY. ��)'fpD bgfys 38252 JARROD ADAMS. P.L.S. NO. 38252'• COLORADO LICENSED PROFESSIONAL LAND SURVEYOR L, FOR AND ON BEHALF OF JR ENGINEERING. LLC 7200 S. ALTON WAY, SVI TE C400 CENTENNIAL, CO 80112 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN. THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN TH. SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. CITY CERTIFICATION APPROVED THIS _ DAY OF 20� BY THE CITY OF WHEAT RIDGE. CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS LEGEND SECTION LINE - -- EXISTING EASEMENT LINE EXISTING BOUNDARY UNE -- LOT UNE HEREBY CREATED BY THIS PLAT --- EXISTING RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATION SF SQUARE FEET AC ACRE(S) ® SET CONCRETE NAIL AND BRASS TAG STAMPED: JR ENC PLS 38252 O SET 18" NO. 5 REBAR WIN 1)5 ALUMINUM CAP STAMPED: JR ENG PLS 38252 + RECOVERED MONUMENT AS NOTE. -.F RECOVERED MONUMENT AS NOTED CITY OF WHEAT RIDGE PUBLIC WORKS. ENGINEERING APPROVED FOR: ODRAINAGE D SIDEVMALK OCURB a GUTTER 0 STREET 0 MISCELLANEOUS 0 PLAT COMMENT CML E INkE' R SUBJECT TO FIELD INSPECTIONS CITY OF WHEAT RIDGE PUBLIC WJORICS DATE 10/20/2015 COUNTY CLERK AND RECORDERS CERTIFICATE. RECEIVED 10120/2015 STATE OF COLORADO 2nd SUBMITTAL _ 555 COUNTY OF JEFFERSON j I HEREBY CERTIFY THAT THIS PLA' NAS I _U 0 'HE COUNTY CLERK AND RECORDER Or ,.LI �SuN AT GOLDEN, COLORADO, AT O'CLOCK —M. ON THE _ DAY OF . 20_ A.D., IN BOOK NO.: PAGE NO.: JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY CASE HISTORY SUP -75-06 WZ-79-41 wz-81-07 SUP -02-01 MS -15-04 RECEPTION NO.: BREAKFAST QUEEN SUBDIVISION JOB NO. 15781.00 PREPARED: JULY 7, 2014 REVISED: OCTOBER 13, 2015 SHEET 1 OF 1 VJ•R ENGINEERING A WoMr,as CaepmM 3w,el7la; �, '� 3393 • Cobrado *ngs 719-ffl6-2593 Fat Coks 97 491-913 • WWW/engre&Tq,= OWNER'S CERTIFICATEo KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, BEING THE OWNER OF THOSE LANDS DESCRIBED BELOW, HAS LAID OUT, SUBDIVIDED AND PLATTED THE SAME INTO A LOT AND A TRACT AS SHOWN HEREON UNDER THE NAME AND STYLE OF BREAKFAST QUEEN SUBDIVISION. A TRACT OF LAND LYING IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: THE WEST 111 FEET OF THE EAST 141 FEET OF THE NORTH 135 FEET OF THE SOUTH 165 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 24. EXCEPT THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 91058241 OF THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED AT THE SOUTH QUARTER CORNER BY A 3Y4" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX AND AT THE SOUTHEAST CORNER BY A 3Ya" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX, PER CITY OF WHEAT RIDGE CONTROL BEARS N89"59°57"W A DISTANCE OF 2,648,14 FEET. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24, THENCE ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, NOO`17'21"W A DISTANCE OF 55.15 FEET; THENCE S89°42'39"W A DISTANCE OF 30.00 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF SHERIDAN BOULEVARD AND THE POINT OF BEGINNING; THENCE ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVTUE AS DESCRIBED IN WARRANTY DEED RECORDED UNDER RECEPTION NO. 91058241, S44°51'21"W A DISTANCE OF 35.27 FEET; THENCE CONTINUING ON SAID NORTHERLY RIGHT-OF-WAY LINE, BEING 30,00 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, N89'5,9'57"W A DISTANCE OF 86.00 FEET; THENCE NOO'17'21"W A DISTANCE OF 135.00 FEET; THENCE 589'59'57"E A DISTANCE OF 111.00 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF SHERIDAN BOULEVARD; THENCE ON SAID WESTERLY RIGHT-OF-WAY LINE, BEING 30.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, S00'1721"E A DISTANCE OF 110.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 14,673 SQUARE FEET OR 0.3368 ACRES OWNERi CITY OF WHEAT RIDGE, COLORADO JOYCE JAY, MAYOR STATE OF COLORADO ATTEST - )S.S. COUNTY OF JEFFERSON) THE FOREGOING CERTIFICATE OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20, BY JOYCE JAY AS MAYOR AND BY AS OF THE CITY OF WHEAT RIDGE, COLORADO. NOTARY PUBLIC ADDRESS WITNESS MY HAND AND SEAL MY COMMISSION EXPIRES: 1. PER C.R.S. 18-04-508, ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND MONUMENT OR ACCESSORY, COMMITS A OtiASS TWO (2) MISDEMEANOR. 2. PER C.R.S. 38-51-106, "ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET", ONE METER EQUALS 39.37/12 U.S. SURVEY FEET, EXACTLY ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 3. THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED AT THE SOUTH QUARTER CORNER BY A A" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX AND AT THE SOUTHEAST CORNER BY A3Y4" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX, PER CITY OF WHEAT RIDGE CONTROL BEARS N89°59'57"W A DISTANCE OF 2,648.14 FEET. 4. THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING, LLC TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 5. THIS PLAT IS ON THE CITY OF WHEAT RIDGE "CURRENT CITY DATUM", DEFINED AS FOLLOWS: A. A GROUND-BASED MODIFIED FORM OF THE NAD83 HARN (NAD83J92) STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300. 6. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL APS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 7. THE ZONING ON THE PROPERTY IS: MIXED USE - NEIGHBORHOOD (MU -N). 8. LOT 1 OF THIS PLAT WILL NOT BE DEVELOPABLE AS A FREESTANDING PARCEL. SPECIA/_ WARRANTY DEED REC NO 92151590 N: 706010.10 E 126232.10 ZONE MLI -N (MIXED USE NEIGHBORHOOD) UNPLA TIED UNPLATTED • 11 LOT 1 7,552 SF 0.1734 AC r ZONE MU -N (MIXED USE NEICHBORHOOD) D E1/4 CORNER SEC 24, T. 3S„ R.69W, I-76 RECOVERED VI," I I I I STAMPED: LS 13212 1985 IN A RANGE BOX CITY MONIJMENT ,¢V14901 I I-70 I L: 126360.61 I REC. NO. E7383833 f°W N I oa Z hQ'' Srn opo L of I d> EXISTING RIGHT OF WAY �aW QzG4�, 20' UTILITY EASEMENT rte~I Fzw � N: 705900 10 E: 126343.65 ING Z us I c)om SET CONCRETE NAIL AND BRASS TAG TRACT A STAMPED: JR ENG PLS 38252 v q W k Ifi o = N89'42'39"E z CAP STAMPED: JR ENG PLS 38252 ® Q W 44TH AVE 0.1635 AC o 30,00' > 4' SIDEWALK & v _I � r� v m � CREATED BY THIS PLAT�},��r 01 F REC. Na 97043300 Z QI _ w <OI of � �d =1 - - - a SITE V' N89659'57"W 86.00' POW DEDICATION � r WARRANTY DEED N p7.?7 W 38TH AVE ap"s' IeEC: NO. 91058241 o 25i QUIT CLAIM DEED (R.O. . WIDTH VARIES) a I I 55p� i ROW DEDICATION SPECIA/_ WARRANTY DEED REC NO 92151590 N: 706010.10 E 126232.10 ZONE MLI -N (MIXED USE NEIGHBORHOOD) UNPLA TIED UNPLATTED • 11 LOT 1 7,552 SF 0.1734 AC r ZONE MU -N (MIXED USE NEICHBORHOOD) D E1/4 CORNER SEC 24, T. 3S„ R.69W, 6TH P.M. RECOVERED VI," BRASS CAP STAMPED: LS 13212 1985 IN A RANGE BOX CITY MONIJMENT ,¢V14901 M' 708484.91;, L: 126360.61 I REC. NO. E7383833 f°W N o°o hQ'' Srn opo - - - EXISTING RIGHT OF WAY �aW QzG4�, 20' UTILITY EASEMENT o o N N: 706010.10 E: 126343.10 00 PO ui r r d J � a u) N m = Wcr r im ZI Wp J d I_ w o0 LOT LINES HEREBY CREATED BY THIS PLAT 30.00' CITY STREETSCAPE MAYOR COMMUNITY DEVELOPMENT DIRECTOR R WORKS PERMANENT EASEMENT -LEGEND ib tri ti 0 REC. NO. E7383833 -- N EXISTING BOUNDARY LINE - - LOT LINE HEREBY CREATED BY THIS PLAT - - - EXISTING RIGHT OF WAY POINT�� - 20' UTILITY EASEMENT o o N � N: 705900 10 E: 126343.65 ING Z REr.. NO. 91086616 g SET CONCRETE NAIL AND BRASS TAG TRACT A STAMPED: JR ENG PLS 38252 v q W k Ifi o = N89'42'39"E z CAP STAMPED: JR ENG PLS 38252 ® Q m 0.1635 AC o 30,00' 4' SIDEWALK & v � r� v UTILITY EASEMENT CITY STREETSCAPE MAYOR COMMUNITY DEVELOPMENT DIRECTOR U WORKS PERMANENT EASEMENT -LEGEND - SECTION LINE REC. NO. E7383833 -- EXISTING EASEMENT LINE EXISTING BOUNDARY LINE - - LOT LINE HEREBY CREATED BY THIS PLAT - - - EXISTING RIGHT OF WAY POINT�� - 20' UTILITY EASEMENT o o N SQUARE FEET N: 705900 10 E: 126343.65 ING ACRE(S) g� REr.. NO. 91086616 g SET CONCRETE NAIL AND BRASS TAG TRACT A STAMPED: JR ENG PLS 38252 v 7,120 SF q/ SET 18" NO. 5 REBAR WITH %" ALUMINUM N89'42'39"E CAP STAMPED: JR ENG PLS 38252 589'59'57"E 45.69' ® RECOVERED MONUMENT AS NOTED 0.1635 AC 30,00' 4' SIDEWALK & o LOT LINE HEREBY r� UTILITY EASEMENT CREATED BY THIS PLAT�},��r 01 REC. Na 97043300 N _ N:705875.10 N: 705875.10 `r E: 126232.78 E: 126318.78 25.00 - - - = � N89659'57"W 86.00' POW DEDICATION � r WARRANTY DEED N p7.?7 ROW DEDICATION EST 38TH ,AVENUE IeEC: NO. 91058241 o 25i QUIT CLAIM DEED (R.O. . WIDTH VARIES) a 55p� i ROW DEDICATION /?EC_ NO 91058242 &9.18 N i QUIT CLAJM DEED REC. NO 97043314 BASIS OF BEARINGS N8_93957 W 264614' - - _ SOUTH LINE SE 1/4 SEC. 24, T.3S., R.69W, 67H P,M I30II�T OF Sl CORNER SEC 24, r.3., RssW, sTH PM 7�STAMPED: COMMENCEMENT gE('Ot/ Z 3'/¢" BRASS CAP SE CORNER SEC. 24, LS 1.3'212 1985 T.3S, R.63W, 6TH P.M. /N A RANGE BOX RECOVERED 3'/4" BRASS CAP CITY MONUMENT 115909 STAMPED: / S 13212 1985 /y,• 705845,14, E 123725.79 /N A RANGE BOX CITY MONUMENT�15901 N.- 705845,10, E• 126373.93 20 10 0 20 ORIGINAL SCALE: 1" = 20' I, JARROD ADAMS, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF BREAKFAST QUEEN SUBDIVISION 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. 38252 JARROD ADAMS, P.L.S. NO. 38252 F COLORADO LICENSED PROFESSIONAL LAND SURVEYOR �SYG3lj LA1�J� FOR AND ON BEHALF OF JR ENGINEERING, LLC 7200 S. ALTON WAY, SUITE C400 CENTENNIAL, CO 80112 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. CITY CERTIFICATION APPROVED THIS DAY OF 20 BY THE CITY OF WHEAT RIDGE. CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS -LEGEND - SECTION LINE - -- EXISTING EASEMENT LINE EXISTING BOUNDARY LINE - - LOT LINE HEREBY CREATED BY THIS PLAT - - - EXISTING RIGHT OF WAY - - EXISTING RIGHT OF WAY DEDICATION SF SQUARE FEET AC ACRE(S) g� ® SET CONCRETE NAIL AND BRASS TAG STAMPED: JR ENG PLS 38252 v � q/ SET 18" NO. 5 REBAR WITH %" ALUMINUM CAP STAMPED: JR ENG PLS 38252 RECOVERED MONUMENT AS NOTED RECOVERED MONUMENT AS NOTED enuvellf, ra COUNTY CLERK AND RECORDERS CERTIFICATEr STATE OF COLORADO COUNTY OF JEFFERSON SS 1 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 20 A.D., IN BOOK NO.: PAGE NO.: _______ RECEPTION NO.: JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY BREAKFAST 'a ,Q SUBDIVISION •: NO. 15781.00 PREPARED:i REVISED: OCTOBERi SHEET 1 OF 1 ENGINEEIUNG A Westrian Company City of Wheat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. September 25, 2015 Jerrod Adams JR Engineering 7200 S. Alton Way Suite C400 Centennial, CO 80112 Dear Mr. Adams: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an application filed for approval of a two -lot plat on property zoned Mixed Use -Neighborhood (MU -N) located at 5201 W. 38th Avenue. The application has been reviewed and the following are comments regarding the first submittal. 1. Remove the Planning Commission certificate as this case will be approved administratively. 2. Add a note indicating that the zoning on the property is Mixed Use — Neighborhood (MU - N). 3. Add the following case numbers to the case history box: SUP -75-06, WZ-79-41, WZ-81- 07, SUP -02-01, MS -15-04. 4. Add the following note: Lot 1 of this plat will not be developable as a freestanding parcel. Attached are referrals received from other city departments and outside agencies regarding the plat document. Wheat Ridge Fire Protection District: See attached letter from Kelly Brooks dated September 8, 2015. Wheat Ridge Public Works: See attached letter from Dave Brossman dated September 15, 2015. Wheat Ridge Sanitation District: See attached letter from Bill Willis dated September 10, 2015. Xcel Energy: See attached letter from Donna George dated September 16, 2015. Additional referral comments may be forthcoming and will be forwarded. 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 changes have been made, please submit one 24" x 36" copy of the revised documents. Include an electronic copy with a PDF document and an AutoCAD dwg (2010 or older) including all external reference and shx files, etc. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, r` &eredith Reckert, AICP Senior Planner WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.S900 • www.wrfire.org DIVISION OF FIRE PREVENTION September 8, 2015 Meredith Reckert City of Wheat Ridge Community Development 7500 West 291h Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: MS-15-04/PERRY The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has no requirements or concerns regarding our ability to serve this property. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District City of W heat idge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: September 15, 2015 SUBJECT: MS-15-04/Perry Breakfast Queen Subdivision Plat 1 have completed my first review of the minor subdivision plat to facilitate transfer of property from the City of Wheat Ridge to the property owner at 5201 West 38`h Avenue received on September 4, 2015, and I have the following comments: Final Plat 1. The word "HAVE" needs to be changed to "HAS" in the Owner's Certification. 2. Please add the "AND ALONG" text in the three locations noted in the Legal Description. 3. There are a couple of easements directly west of the subject property that need to be defined (what type are these Permanent Easements?). 4. The easting of the City -based coordinates shown for the S '/a corner, Section 24 is incorrect. The correct value is 123725.79. 5. Show the adjoining properties as being "UNPLATTED". 6. Due to the scale the linetype used for the lot line between Lot 1 and Tract A is not very good. Either modify the linetype scale or show each of the legs of the new lot line as "LOT LINES HEREBY CREATED BY THIS PLAT'. 7. Show the City corporate boundary on both the plan view and in the Legend. 8. Please note that by City Code a section tie to two different property corners is required. 9. Please change the title of the plat in the Surveyor's Certification to the "Breakfast Queen Subdivision". 10. 1 don't believe this plat will need to go before the Planning Commission. As such I believe the Planning Commission block can be removed as this may be an Administrative Review only. Please check with Meredith Reckert at 303.235.2848. 1 1. The Job information still shows this as being "Ridge Village Subdivision Filing No. 1. 1 suggest this be changed to the "Breakfast Queen Subdivision" to avoid future confusion. 12. Include the Case #MS -15-04 in the Case History Box. CC: Steve Nguyen, Engineering Manager Mark Van Nattan, Engineering Technician File Breakfast Queen Subdivision Review-I.Itr.docx z P 2 RON O 2� <0 z 8 04 Ore4 LEJ oc, ---------- ----- -------- 77'-161'jL,11-11� --------------- ---------- z x 0 0 -j uow (l, 1-4vJ own OiL 3.LZ.LLMS 0 CC co P 0 LLJ cy LL z LU SO UJ0 ss 3 xZ 0 Iwo :01 05, Z, La LU W LL Lo, °w rn= Igir < , Wu U. ip 0 co z 0 T, �-g lb Up A ptl ig Ina Vewa:n § g X b id. ol XcelEnergysm PUBLIC SERVICE COMPANY September 16, 2015 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Perry, Case # MS -15-04 Right of Way & Permits 1123 West 3id Avenue Denver. Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Department has reviewed the minor subdivision plat for Perry. Please be aware PSCo owns and operates existing electric distribution facilities within the subject property leading to the transformer for the King Soopers, the fuel center transformer, and the switch cabinets. The property owner/developer/contractor must contact Frank Grady, Right -of -Way Agent at 303-425- 3874 to resolve any outstanding easement issues. Additional easements may need to be acquired by separate document. The property owner/developer/contractor must also contact the Builder's Call Line at 1- 800-628-2121 and complete the application process for any new gas or electric service, or modification to existing facilities including relocation and/or removal. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. As a safety precaution, PSCo 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. Should you have any questions with this referral response, please contact me at 303-571- 3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado MARTIN/MARTIN CONSULTING ENGINEERS September 10, 2015 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29"' Avenue Wheat Ridge CO 80033 Email: mreckert@ci.wheatridge.co.us Re: WRSD — 5201 W. 38th Avenue — MS -15-04 Martin/Martin, Inc Project No.: 17456.C.01 Dear Ms. Reckert, On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated September 4, 2015 concerning a request for approval for a two - lot minor subdivision plat located at 5201 W. 38"' Avenue. It has been noted on the referral that no modifications to the shopping center will occur as a result of this application. Based on no modifications, Wheat Ridge Sanitation District has no issues with the proposed plat. The subject lot at the address referenced above is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by Metro Wastewater Reclamation District (Metro). Existing Sanitary Sewer Main WRSD has an 8 -inch diameter sanitary sewer running east to west along W. 38"' Avenue beginning west of the parcel. There is no sanitary mainline fronting the parcel. If there are any plumbing additions or modifications to existing or proposed buildings, then provide a set of plans for review by WRSD. Please be aware that limited line capacity exists and therefore if additional fixtures are to be added, a flow study may be required. Additionally, all reviews, permits, tap fees are the responsibility of the developer in advance of any construction. A copy of the rules and regulations, standard notes and details can be provided upon request. Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, Bill Willis, PE Cc: Sue Matthews — District Manager MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTIN MARTIN.COM Dear ((POC—First—Name—)), The Wheat Ridge Community Development Department has received a request for approval of a two -lot minor subdivision at 5201 W. 38th Avenue (Case No. MS-15-04/Perry). Please download the application documents from the City's FTP site using the following credentials. The file is located in the "Community Development" folder, and the file name is MS-15-04/Perry. Access the site at: ftp://ftp.ci.wheatridge.co.us/outbox/ User name: cowrftp Password: cowrftp2012 Path: Community Development 4 MS-15-04/Perry Comments are due by September 18, 2015; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader can be downloaded here: http✓/get. adobe.com/reader/ Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2848 Fax: 303-234-2857 www.ci.wheatridge.co.us City of �Wheat K— CCmmuNrry DrvrtopmrNT CONFIDENTIALITY NOTICE: This a -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 a -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. Dear «POC First Name», The Wheat Ridge Community Development Department has received a request for approval of a two -lot minor subdivision at 5201 W. 38th Avenue (Case No. MS-15-04/Perry). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: MS-15-04/Perry Comments are due by September 18, 2015; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2848 Fax: 303-234-2857 www.ci.wheatridge.co.us � ily of W heatdg,c COMMUNITY DFVELOPMENT 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 computer is connected. Thank you. - City of W heat jdge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: September 4, 2015 Response Due: September 18, 2015 The Wheat Ridge Community Development Department has received a request for approval of a two -lot minor subdivision plat on property zoned Mixed Use Neighborhood, (MU -N) located at 5201 West 38th Avenue known as the Ridge Village shopping center. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS-15-04/Perry Request: Approval of a minor subdivision plat to facilitate transfer of property from the City of Wheat Ridge to the property owner and to facilitate dedication of streetscape improvements from the property owner to the City of Wheat Ridge. The parcel being platted is .34 acres in size. No modifications to the shopping center will occur as a result of this application. 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 Distribution Wheat Ridge Water District Wheat Ridge Sanitation District Wheat Ridge Fire Protection District CenturyLink Xcel Energy Comcast CDOT Wheat Ridge Building Division Wheat Ridge Economic Development Wheat Ridge Public Works Renewal Wheat Ridge The Carnation Citi-" Vicinity map "The Carnation Cit, City Of W heat Pdere PUBLIC WORKS Geodetic Surveying Requirements for Final Plats TITLE OF PLAT: BREAKFAST QUEEN SUBDIVISION Notice to Surveyor: u Initial each item as completed. This form shall accompany the Final Plat submittal. 1. All distances for the above referenced Plat are shown using (ground) modified State Plane measurements (U.S. survey feet rounded to the nearest 0.01') consistent with the Current City Datum, AND the following datum information is shown on the Final Plat: a. The Current City Datum Coordinate System used is a ground-based modified form of the NAD83/92 State Plane Coordinate System, Colorado Central Zone 0502. b. Vertical Datum used is the North American Vertical Datum of 1988 (NAVD88). c. Ground to Grid Combined Scale Factor is 0.99974780300, scaled from base point PHAC 1 (Permanent High Accuracy Control Point #1) having the following NAD83/92 State Plane coordinates: PHAC 1: Northing: 1701258.75, Easting: 3118217.58, Elevation: 5471.62. 2. Modified State Plane coordinates consistent with the Current City Datum are shown on the Final Plat to the nearest one-hundredth of a foot (0.01') for all property boundary corners, angle point(s), and for all point(s) of curvature/tangency. 3. The following curve data for the site boundary, and for all lot lines and easement boundaries, shall be shown on the Final Plat. All angular measurements shall be to the nearest second and all distances to the nearest 0.01': a. Arc length. b. Chord length. c. Chord bearing. d. Central angle (delta). e. Radius. 4. The Section Tie control points shall be on the Current City Datum and shown using (ground) modified State Plane distances and bearings with the Latitude/Longitude and modified State Plane coordinates shown per City of Wheat Ridge published values. All associated property boundary corners shall be in modified State Plane values consistent with the Current City Datum; a minimum of two (2) property boundary corners of the site shall be tied to any of the three (3) following control point types within the City of Wheat Ridge network: a. Section corners. b. Quarter -section corners. c. City of Wheat Ridge Permanent High Accuracy Control (PHAC) points. 5. A Basis of Bearing Statement shall be shown specifying the two (2) City of Wheat Ridge monuments selected to establish the modified State Plane (Current City Datum) bearings used for the Plat. Specify the City monument identification number, the Current City Datum coordinates and the Latitude/Longitude for each of the two monuments used for the Basis of Bearing, and show the modified State Plane distances and bearings between them. Rev 11/12 S�- 6. The following information is included on the Plat for all monuments used: a. The City -based monument identification number. b. Modified State Plane coordinates on the Current City Datum (as supplied by the City). 7. Provide one (1) 24"X 36" paper copy on the Current City Datum as listed on this Plat, with all bearings relative to the Current City Datum Basis of Bearing, and all coordinates relative to said Current City Datum. 8. Two digital files of the Final Plat positioned correctly on the Current City Datum have been provided with the Plat submittal as follows: a. One (1) file in the currently acceptable version of AutoCAD DWG format (please contact the Department of Public Works at 303.235.2861 for version info). b. One (1) file in Adobe PDF format. 9. A Closure Report showing the error of closure for the platted area was provided with the plat submittal. The error of closure shall not exceed 1:50,000 for all linear and angular (bearing) IrA measurements per Section 26-407-D of the City of Wheat Ridge Municipal Code of Laws. 10. The following statement is included on the plat: "Per Colorado Revised Statutes Sec. 38-51-106 (L), all lineal units depicted on this Land Survey Plat are U.S. Survey Feet. One Meter equals 39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and Technology. " 11. Per C.R.S. 38-52-106, the Final Plat shall contain a Statement of Accuracy, as defined by the National Ocean Survey/National Geodetic Survey, used to derive the coordinates shown on the Final Plat. The form of the Statement of Accuracy shall be: The geodetic point coordinate data shown herein has been derived from the NAD 83 HARN State Plane Colorado Central FIPS 0502 Coordinate System, and has a horizontal Accuracy Classification of 0.07 U.S. Survey Feet at the 95% Confidence level, as defined in the Geospatial Positioning Accuracy Standards of the Federal Geodetic Control Subcommittee (FGDC-STD-007.2-1998). I hereby acknowledge all the above requirements have been addressed in a full and complete manner. JARROD ADAMS Surveyor Name (Please Print) JR ENGINEERING Firm Surveyor Signature i 77 lf� Date For information pertaining to Section and Quarter Corner information, PHAC points, benchmarks, or for general City surveying monumentation information, please visit the City of Wheat Ridge website at: www.ci.wheatridge.co.us Or contact the Department of Public Works, Engineering Division at 303.235.2861. Rev 11/12 The City of Wheat Ridge 7500 W. 291h Avenue 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, Jarrod Adams , as Survey Manager of/with JR Engineering (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for Minor Subdivision (describe type of application) set for public hearing on 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(l), 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. ❑X 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 day of 20@W, 10 CLOSURE REPORT - BOUNDARY .txt Closure - Boundary North: 705326.4317' East: 126720.6386' segment #1 . Line Course: S44°51'21"w Length: 35.27' North: 705301.4294' East: 126695.7617' Segment #2 . Line Course: N89°59'57"w Length: 86.00' North: 705301.4306' East: 126609.7617' segment #3 . Line Course: NO°17'21"w Length: 135.00' North: 705436.4289' East: 126609.0804' Segment #4 . Line Course: S89°59'57"E Length: 111.00' North: 705436.4273' East: 126720.0804' Segment #5 . Line Course: SO°17'21"E Length: 110.00' North: 705326.4287' East: 126720.6356' Perimeter: 477.27' Area: 0.3368acres Error Closure: 0.0042 Course: S44'51'21"w Error North: -0.00301 East: -0.00300 Precision 1: 113635.71 Page 1 Closure -Lot 1 North: 705897.6021' Segment #1 . Line course: NO'17'21"w North: 706010.1007' Segment #2 . Line Course: S89°59'57"E North: 706010.0996' segment #3 . Line Course: SO'17'21"E North: 705934.7206' segment #4 . Line Course: 589`42'39"w North: 705934.6473' Segment #5 . Line Course: S44°51'33"w North: 705918.9748' segment #6 . Line Course: SO°00'03"w North: 705897.6048' Segment #7 . Line Course: N89°59'57"w North: 705897.6054' Perimeter: 367.58' Error Closure: Error North: Precision 1: 48364.47 CLOSURE REPORT - LOT l.txt East: 126232.6633' Length: 112.50' East: 126232.0955' Length: 76.00' East: 126308.0955' Length: 75.38' East: 126308.4760' Length: 14.52' East: 126293.9561' Length: 22.11' East: 126278.3605' Length: 21.37' East: 126278.3602' Length: 45.69' East: 126232.6702' Area: 0.1734acres 0.0076 Course: N64°25'02"E 0.00329 East: 0.00688 Page 1 Closure - Tract A CLOSURE REPORT - TRACT A.txt North: 705900.1001' East: 126343.6521' Segment #1 . Line Course: S44°51'21"w Length: 35.27' North: 705875.0978' East: 126318.7753' Segment #2 . Line Course: N89°59'57"w Length: 86.00' North: 705875.0991' East: 126232.7753' segment #3 . Line Course: NO°17'21"w Length: 22.50' Closure - Tract A North: 705897.5988' East: 126232.6617' Segment #4 . Line Course: 589'59'57"E Length: 45.69' North: 705897.5981' East: 126278.3517' Segment #5 . Line Course: NO°00'03"E Length: 21.37' North: 705918.9681' East: 126278.3520' Segment #6 . Line Course: N44°51'33"E Length: 22.11' North: 705934.6406' East: 126293.9477' Segment #7 . Line Course: N89°42'39"E Length: 14.52' North: 705934.7139' East: 126308.4675' Segment #8 . Line Course: NO°17'21"w Length: 75.38' North: 706010.0929' East: 126308.0871' Segment #9 . Line Course: S89°59'57"E Length: 35.00' North: 706010.0924' East: 126343.0871' segment #10 . Line Course: SO°17'21"E Length: 110.00' Page 1 CLOSURE REPORT - TRACT A.txt North: 705900.0938' East: 126343.6422' Perimeter: 467.85' Area: 0.1635acres Error Closure: 0.0117 Course: S57°26'36"W Error North: -0.00631 East: -0.00988 Precision 1: 39986.32 Page 2 RECLPTION NO. F022133BB 16.00 230 RECORDED IN JEFFERSON COUNTY, COLORADO DISTRICT COURT, JEFFERSON COUNTY, COLORADO �V Case No. 95 CV 1695, Division 7 RULE AND ORDER Pat 0001-003 4/08/96 16:20 FILED IN THE DISTRICT COURT 26 1996 JEFFERSON COUNTY, CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation, Petitioner, W SHIRLEY MAREK-BRANHAM; GATSIOPOULOS, INC., a Colorado corporation, d/b/a BREAKFAST QUEEN; and ROBERT BAMMERLIN, in his official capacity as Treasurer of Jefferson County, Colorado, Respondents. THIS MATTER having come before this Court upon the parties' Joint Motion for Entry of Rule and Order, and it appearing to the Court from the records and files herein that all persons interested as owners or otherwise, as appearing of record, have been joined as parties respondent, THE COURT NOW FINDS: 1. That the Court has full and complete jurisdiction of the subject matter of this action and the parties thereto; and that service has been made upon all parties as required by law, or that the same have subjected themselves to the jurisdiction of this Court. 2. That the accurate legal description of the property being acquired by Petitioner herein is set forth in Exhibit A attached hereto and incorporated herein by this reference. 3. That Respondents Shirley Marek -Branham and Gatsiopoulos, Inc. were dismissed from this case by Order of this Court dated November 22, 1995. 4. That Respondent Robert Bammerlin, as Treasurer of Jefferson County, filed a Demand for Payment and Motion to DJH\53027\146357.1 Dismiss dated December 21, 1995, for 1994 taxes owed in the amount of $2,871..05. The Court further finds that the Treasurer has been paid the amount of $2,871.05 for 1994 taxes owed and should be dismissed from this action. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the taking of the property described in Exhibit A has been duly and lawfully taken and condemned by Petitioner pursuant to the statutes and the Constitution of the State of Colorado, and that the interests of Respondents in said real estate property have been acquired by Petitioner and said real property is hereby conveyed in fee simple to Petitioner. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Rule and Order be recorded and indexed in the office of the Clerk and Recorder of Jefferson County, Colorado, in like manner .and in like effect as if it were a deed of conveyance from the owners and parties interested to Petitioner herein, and that the Lis Pendens recorded at Reception No. F0121550, in the records of the Clerk and Recorder of Jefferson County, Colorado, is hereby released. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Respondent Robert Bammerlin, as Treasurer of Jefferson County, Colorado, shall be and hereby is dismissed from this action with prejudice. Wb\53077\146357.1 DONE this �i� day of March, 1996. BY THE C RT: D's rict our Judge -2- a� EXHIBIT A A tract of land lying in the SE h Of Section 24, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State Of Colorado, described as: THE WEST 111 FEET OF THE EAST 141 FEET OF THE NORTH 135 FEET OF TETE SOUTH 165 FEET OF THE SE 1 OF SAID SECTION 24. EXCEPT: THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 91058214 OF THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON,TSTATF, OF COLORADO. 46v©5S2yi SAID TRACT CONTAINING 14,985 SQUARE FEET, MORE OR LESS. OJ13\53027\122919.1 -4- fProperty Information GENERAL INFORMATION Schedule: 109790 Status: Exempt Property Address: 05201 W 38TH AVE WHEAT RIDGE CO 80212 Mailing Address: 07500 W 29TH AVE WHEAT RIDGE CO 80034 Neighborhood: 102 - PROPERTY DESCRIPTION Subdivision Name: - Parcel ID: 39-244-00-053 Property Type: Commercial Print Help Owner Name(s) CITY OF WHEAT RIDGE Block Lot JlKey Isection ITownship IRange QuarterSection Land Sqft 013 24 3 169 SE 14670 Total 14670 Assessor Parcel Maps Associated with Schedule pmap39-244d.pdf COMMERCIAL INVENTORY Building Number Year Built Quality IFloorlstructure Type IL 1 1996 jAveragell IParking Structures, Areas i SALE HISTORY Graphic Parcel Map MapQuest Location Main SgFt B 1 10 Sale Date Sale Amount Deed Type 05-08-1979 0 04-08-1996 0 Court Order, Order, or Decree TAX INFORMATION 2015 Payable 2016 Actual Value Land 322,700 Imp 2,900 Total 325,600 Assessed Value Land 93,583 Imp 841 Total 94,424 2014 Payable 2015 Actual Value Land 330,800 Imp 2,800 Total 333,600 Assessed Value Land 95,932 Imp 812 Total 96,744 Treasurer Information View Mill Levy Detail For Year 2015 Mill Levy Information �- Tax District County School WHEAT RIDGE REGIONAL TRANSPORTATION DIST URBAN DRAINAGE&FLOOD CONT DIST URBAN DRAINAGE&FLOOD C SO PLAT WHEATRIDGE FIRE DIST WHEATRIDGE SAN DIST WHEATRIDGE WATER DIST t SgFt Land Area 14670 Reception 2015 1 2014 3139 I Property f Information GENERAL INFORMATION Schedule: 021184 Status: Active Property Address: 03817 SHERIDAN BLVD WHEAT RIDGE CO 80212 Mailing Address: 06500 S QUEBEC ST 300 ENGLEWOOD CO 80111 Neighborhood: 162 - Parcel ID: 39-244-99-002 Property Type: Commercial PROPERTY DESCRIPTION Subdivision Name: 643600 - RIETHMANN'S MINOR SUBDIVISION Print Help Owner Names) 38TH & SHERIDAN LTD PARTNERSHIP Block Lot Key Section Township Range QuarterSection Land Sqft 0001 OOA 24 3 69 SE 8644 0002 OOA 24 3 69 8374 7059 058 24 3 69 SE 270794 0 5,807,800 Total 7,237,800 Total 286497 Assessor Parcel Maps Associated with Schedule 12map39-244d.pdf COMMERCIAL INVENTORY Graphic Parcel Mao MaoOuest Location Building Number Year Built Quality Floor Structure Type Units Main SgFt Basement SgFt Land Area 1 1982 Average 2 Shopping Centers 1 66700 1200 286497 2 1959 Average 1 Shopping Centers 1 13920 0 0 3 1959 Average 1 Shopping Centers 1 8374 0 0 4 2004 Averagell General Retail 1 131 0 0 SALE HISTORY Sale Date Sale Amount Deed Type Reception 04-19-1977 0 Imp CONVER03 06-29-1981 0 WHEAT RIDGE CONVER02 06-22-1983 0 Imp CONVER01 05-19-1990 0 1public Trustee's Deed 90040810 11-20-1992 4,100,000 ISpecial Warranty Deed 92151590 1jilt 119rVKMFk11VN 2015 Payable 2016 20 2015 Mill Levy Information Actual Value Land 1,580,000 Imp 6,398,100 Total 7,978,100 WHEAT RIDGE Assessed Value Land 458,200 Imp 1,855,449 Total 2,313,649 2014 Payable 2015 TBA WHEATRIDGE SAN DIST Actual Value Land 1,430,000 Imp 5,807,800 Total 7,237,800 Assessed Value Land 414,700 Imp 1,684,262 Total 2,098,962 View Mill Levy Detail For Year 20 2015 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO PLAT TBA WHEATRIDGE FIRE DIST TBA WHEATRIDGE SAN DIST TBA WHEATRIDGE WATER DIST TBA Tota I TBA 3 a c J U Z m ¢ < z �C r� z w O!� d w w = Zw r w U O w z ox 0 z z3 a O zd �, z No w _ Of o¢ in�j V O Ou •aAIG WM13NS m ,-: O Z LJ 3 �z �¢ r� oZ W P: m �o Z O d }� Z Q- 0 v� V) U 30 O J in Q La (A 3 V) W F W Of O cro N c!) o (n z z LJ 3 ::) U O O U T U- < W - 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V m y o. 1n Y L5 O C � UCIO' O O !- OL U Q c E a y IV s L 4j a ++ rq rn �L V L v s L O m 4 a o 0 �m c ym O � m e a 0 n o m CV C N � O T id Q C W u m C � D Z o v LL - LU L -W " a: X n w „ m c M ejE C E L U w C 0 v M, R 01 F - w > J Z C o T U a o Z C L U .rte O W w g 9 a -tom O U3 Q N K m v m a aL c r a z ��j n t n cm a ,. m y o. UCIO' O O !- U Q c a y W >uj L rq �L V L v L O m 4 a 0 A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 30.00 FEET NORTHERLY AND 141.00 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID SECTION 24, SAID POINT BEING RECORDED IN BOOK 1992 AT PAGE 365, SAID POINT ALSO FALLING ON THE NORTHERLY RIGHT OF WAY OF WEST 38TH AVE. THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST A DISTANCE OF 135.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF 101.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SHERIDAN BOULEVARD; THENCE NORTH 00 DEGREES rOO MINUTES 30 SECONDS EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 363.00 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 140.94 FEET; THENCE NORTH 00 DEGREES GO MINUTES 30 SECONDS EAST A DISTANCE OF 54.00 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECOND`) WEST A DISTANCE OF 150.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST A DISTANCE Cc 55.40 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST 40TH AVENUE; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 30.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST A DISTANCE OF 137.40 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 200.57 FEET, THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST, A DISTANCE OF 40.65 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS WEST A DISTANCE OF 100.00 FEET, THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST A DISTANCE OF 429.35 "EET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE SOUTH 89 DEGREES 44 MINUTES 00 SECONDS EAST ALONG THE SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 521.18 FEET TO THE POINT OF BEGINNING. THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING, LLC TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPAT0LITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. FOR ALL!NFORMATION REGARDING EASEMENTS, RIGHT—OF—WAY OR TITLE OF RECORD, JR ENGINEERING, LLC RELIED UPON TITLE COMMITMENT NO. ABD70418718, PREPARED BY LAND TITLE GUARANTEE COMPANY FOR 38TH & SHERIDAN, LTD. PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP, DATED JULY 8, 2014 AT 5:00 P.M. THE FOLLOWING COMMENTS ARE IN REGARDS TO THE ABOVE—REFERENCED TITLE COMMITMENT. THE NUMBERS IN OUR COMMENTS CORRESPOND TO THE NUMBERING SYSTEM USED IN THE TITLE COMMITMENT. r FOLLOWING DOCUMENTS N w uML. 1. JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THIS ITEM, 2. THE OFFICIAL DEVELOPMENT PLAN FOR CITY OF WHEAT RID{aE, :RIDGE 'VILLAGE RECORDED UNDER RECEPTION NO. 81035382 AFFECTS THE ENTIRE SURVEYED SITE. 3. THE SANITARY SEWER EASEMENT DESCRIBED IN THE DOCUM(-;NT RECORDED IN BOOK 393 AT PAGE 399 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BFUEF. 4. THE SANITARY SEWER EASEMENT DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 660 AT PAGES 443, 445 AND 447, AND RECEPTION NO. 82037245 IS SHOWN HEREOM TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 5. THE EASEMENT SHOWN OR NOTED ON RIETHMANN'S MINOR sJ!;JBDIVISION, RECORDED UNDER RECEPTION NO. 776853, IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 6. THE SANITARY SEWER EASEMENT DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 746 AT PAGE 512 AND RECEPTION NO. 82037245 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 7. JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THIS 'I EM. 8. THE WATERLINE EASEMENT DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NO. 81062661 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 9. THE PERMANENT EASEMENT DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NO. 91043300 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 10. THE INCLUSION OF THE SUBJECT PROPERTY IN THE WHEAL" ;RIDGE WATER DISTRICT DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NO. 91048927 AFFECTS THE ENTIRE SURVEYED SITE. JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THIS ITEM EXCEPT TO DETERMINE THAT THE SUBJECT PROPERTY IS AFFECTED. 11. THE UTILITY EASEMENT DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NO. 91086616 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 12, JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THESE ITEMS. 13, JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THESE ITEMS. 14. JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THIS ;ITEM. 15. JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THESE ITEMS. 16. THE WATERLINE EASEMENTS DESCRIBED IN THE DOCUMENT Ra CORDED UNDER RECEPTION NO. F0098272 ARE SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 17. THE PERMANENT EASEMENT DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NO. F1383833 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BE, LI1EF, 18. THE PERMANENT EASEMENT DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NO. F1383834 IS SHOWN HEREON TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 19. THE CITY OF WHEAT RIDGE RESOLUTION #12-2001 DESCRIBEI';a IN THE DOCUMENT RECORDED UNDER RECEPTION NO. F12793O1 AFFECTS THE ENTIRE SURVEYED SITE. JR ENGINEERING, LLC DID NOT EXAMINE OR ADDRESS THIS ITEM EXCEPT TO DETERMINE THAT THE SUBJECT PROPERTY IS AFFECTED. a � # JR ENGINEERING, LLC FOR THE BENEFIT OF THE PARTY REQUESTING THE SURVEY, NOTES THE FOLLOWING MATTERS, WHICH MAY AFFECT THE STATUS OF TITLE TO THE SURVEYED PROPERTY. JR ENGINEERING, LLC AND THE SURVEYOR OF RECORD DO NOT WARRANT OR REPIESENT THAT ALL MATTERS THAT MAY AFFECT TITLE ARE NOTED BELOW. THE NUMBERS IN THE FOLLOWING COMMENTS CORRESPOND TO THE NUMBI. RS SHOWN ON OUR ALTA/ACSM LAND TITLE SURVEY. 1. FENCE- LINES, AS SHOWN HEREON, LIE BOTH INSIDE AND OUTSIDE THE RECORD TITLE LINES, CREATING AN AREA QF' CONCERN GENERAL i Ss 1, DEFINITION: CERTIFY, CERTIFICATION — A PROFESSIONAL'S OPINION BASED ON HIS OR HER OBSERVATION OF COhdDITIONS, KNOWLEDGE, INFORMATION AND BELIEFS, IT IS EXPRESSLY UNDERSTOOD THAT THE PROFESSIONAL'S CERTIFICATION OF A CONDITION'S EXISTENCE RELIEVES NO OTHER PARTY OF ANY RESPONSIBILITY OR OBLIGATION HE OR SHE HAS ACCEPTED BY CONTRACT OR CUSTOM. 2. PER C.R.S. 18-04-508, ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR. 3. ALL REFERENCES HEREON TO BOOKS, PAGES, MAPS AND RECEPTION NUMBERS ARE PUBLIC DOCUMENTS FILED IN THE RECORDS OF JEFFERSON COLIN'1"Y, COLORADO. 4. EASEMENTS AND PUBLIC DOCUMENTS SHOWN OR NOTED HEREON WERE EXAMINED AS TO LOCATION AND PURPOSL AND WERE NOT EXAMINED AS TO Rt:SERVATIONS, RESTRICTIONS, CONDITIONS, OBLIGATIONS, TERMS, OR AS TO THE RIGHT TO GRANT THE SAME, 5. BURIED UTILITIES AND/OR PIPELINES ARE SHOWN PER VISIBLE AND APPARENT SURFACE EVIDENCE OR RECORD DIRAWINGS OF THE CONSTRUCTED UTILITY LINES. IF MORE ACCURATE LOCATIONS OF UNDERGROUND UTILITIES ARE REQUIRED, THE UTILITY WILL HAVE TO BE VERIFIED BY FIELD POTHOLING. JR ENGINEERING, LLC AND THE SURVEYOR OF RECORD SHALL NOT BE LIABLE FOR THE LOCATION OF OR THE FAILURE TO NOTE THE LOCATION OF NON—VISIBLE UTILITIES. 6. THE BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED AT THE SOUTH QUARTER CORNER BY A 3X" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX AND AT THE SOUTHEAST CORNER BY A 34" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX, PER CITY OF WHEAT RIDGE CONTROL BEARS N89°59'57"W A DISTANCE OF 2,648.14 FEET. 7. THE LAST FIELD INSPECTION OF THIS SITE WAS ON JULY 2.5, 2014. 8. PER (:,R.S. 38-51-106, "ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37/12 U.S. SURVEY FEET, EXACTLY ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY." 9. THIS r ITE IS NOT WITHIN A DESIGNATED F.E.M.A. FLOODPLAIN, AS DETERMINED BY THE FLOOD INSURANCE RATE MAP FOR JEFFERSON COUNTY, COLORADO, PANEL NUMBER 08059CO218F, REVISED DATE FEBRUARY 5, 2014. 10. THERE ARE 2 BUILDINGS ON THE SUBJECT PROPERTY. THE TOTAL BUILDING FOOTPRINT CONTAINS A CALCULATED AREA OF 84,618 SQUARE FEET. 11. ALL TIES TO RECORD TITLE LINES FROM THE BUILDING CORNERS OR OTHER IMPROVEMENTS SHOWN HEREON ARE PERPENDICULAR TO THE RECORD TITLE LINE. 12. THERE ARE 322 STANDARD PARKING SPACES AND 9 HANDICAP PARKING SPACES PROVIDED ON THIS PROPERTY. 13. THIS 5ITE CONTAINS A CALCULATED AREA OF 295,286 SQUARE FEET OR 6.7788 ACRES. 14. JR ENGINEERING, LLC DOES NOT WARRANT THAT THE PARCEL, AS DESCRIBED HEREON, COMPLIES WITH C.R.S. 30 -28-101. 15. THERE IS NO VISIBLE EVIDENCE OF RECENT EARTH MOVING WORK OR BUILDING CONSTRUCTION OR ADDITIONS WITHIN THE SUBJECT PROPERTY. 16, THERE IS NO VISIBLE EVIDENCE OF RECENT STREET OR SIDEWALK REPAIRS. 17, THERE IS NO VISIBLE EVIDENCE THAT THE SUBJECT PROPERTY IS BEING USED AS A SOLID WASTE DUMP, SUMP OR LANDFILL. JR ENGINEERING, LLC DID NOT RESEARCH THE HISTORIC USE OF THIS SITE. TO: 38TH & SHERIDAN, LTD. PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP; AND TO LAND TITLE GUARANTEE COMPANY: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2011 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 3, 4, 7(a), 7(b1), 8, 9, 11(a), 16, 17 AND 18 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON JULY 25, 2014. 38252 DATE OF PLAT OR MAP: ssiU�1gL is JARROD ADAMS, PROFESSIONAL LAND SURVEYOR COLORADO P.L.S. NO. 38252 FOR AND ON BEHALF OF JR ENGINEERING, LLC JADAMS@JRENGINEERING.COM PER C.R.S. 13-80-105, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT W THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. JR ENGINEERING, LLC AND/OR THE SURVEYOR OF RECORD SHALL NOT BE LIABLE FOR MORE THAN THE COST OF THIS SURVEY AND THEN ONLY TO THE CLIENT SPECIFICALLY SHOWN HEREON OR IN OUR FILE BY SIGNED AUTHORIZATION. ACCEPTANCE AND/OR USE OF THIS INSTRUMENT FOR ANY PURPOSE CONSTITUTES AGREEMENT BY THE CLIENT TO ALL TERMS STATED HEREON. I-76 I-70 i W 44TH AVE 6 J °1 m rn F V) Q Q o: w U o V) W_ _ ul 1� a z SITE 7707 Ego W 38TH AVE a � # JR ENGINEERING, LLC FOR THE BENEFIT OF THE PARTY REQUESTING THE SURVEY, NOTES THE FOLLOWING MATTERS, WHICH MAY AFFECT THE STATUS OF TITLE TO THE SURVEYED PROPERTY. JR ENGINEERING, LLC AND THE SURVEYOR OF RECORD DO NOT WARRANT OR REPIESENT THAT ALL MATTERS THAT MAY AFFECT TITLE ARE NOTED BELOW. THE NUMBERS IN THE FOLLOWING COMMENTS CORRESPOND TO THE NUMBI. RS SHOWN ON OUR ALTA/ACSM LAND TITLE SURVEY. 1. FENCE- LINES, AS SHOWN HEREON, LIE BOTH INSIDE AND OUTSIDE THE RECORD TITLE LINES, CREATING AN AREA QF' CONCERN GENERAL i Ss 1, DEFINITION: CERTIFY, CERTIFICATION — A PROFESSIONAL'S OPINION BASED ON HIS OR HER OBSERVATION OF COhdDITIONS, KNOWLEDGE, INFORMATION AND BELIEFS, IT IS EXPRESSLY UNDERSTOOD THAT THE PROFESSIONAL'S CERTIFICATION OF A CONDITION'S EXISTENCE RELIEVES NO OTHER PARTY OF ANY RESPONSIBILITY OR OBLIGATION HE OR SHE HAS ACCEPTED BY CONTRACT OR CUSTOM. 2. PER C.R.S. 18-04-508, ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR. 3. ALL REFERENCES HEREON TO BOOKS, PAGES, MAPS AND RECEPTION NUMBERS ARE PUBLIC DOCUMENTS FILED IN THE RECORDS OF JEFFERSON COLIN'1"Y, COLORADO. 4. EASEMENTS AND PUBLIC DOCUMENTS SHOWN OR NOTED HEREON WERE EXAMINED AS TO LOCATION AND PURPOSL AND WERE NOT EXAMINED AS TO Rt:SERVATIONS, RESTRICTIONS, CONDITIONS, OBLIGATIONS, TERMS, OR AS TO THE RIGHT TO GRANT THE SAME, 5. BURIED UTILITIES AND/OR PIPELINES ARE SHOWN PER VISIBLE AND APPARENT SURFACE EVIDENCE OR RECORD DIRAWINGS OF THE CONSTRUCTED UTILITY LINES. IF MORE ACCURATE LOCATIONS OF UNDERGROUND UTILITIES ARE REQUIRED, THE UTILITY WILL HAVE TO BE VERIFIED BY FIELD POTHOLING. JR ENGINEERING, LLC AND THE SURVEYOR OF RECORD SHALL NOT BE LIABLE FOR THE LOCATION OF OR THE FAILURE TO NOTE THE LOCATION OF NON—VISIBLE UTILITIES. 6. THE BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED AT THE SOUTH QUARTER CORNER BY A 3X" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX AND AT THE SOUTHEAST CORNER BY A 34" BRASS CAP STAMPED "LS 13212" IN A RANGE BOX, PER CITY OF WHEAT RIDGE CONTROL BEARS N89°59'57"W A DISTANCE OF 2,648.14 FEET. 7. THE LAST FIELD INSPECTION OF THIS SITE WAS ON JULY 2.5, 2014. 8. PER (:,R.S. 38-51-106, "ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37/12 U.S. SURVEY FEET, EXACTLY ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY." 9. THIS r ITE IS NOT WITHIN A DESIGNATED F.E.M.A. FLOODPLAIN, AS DETERMINED BY THE FLOOD INSURANCE RATE MAP FOR JEFFERSON COUNTY, COLORADO, PANEL NUMBER 08059CO218F, REVISED DATE FEBRUARY 5, 2014. 10. THERE ARE 2 BUILDINGS ON THE SUBJECT PROPERTY. THE TOTAL BUILDING FOOTPRINT CONTAINS A CALCULATED AREA OF 84,618 SQUARE FEET. 11. ALL TIES TO RECORD TITLE LINES FROM THE BUILDING CORNERS OR OTHER IMPROVEMENTS SHOWN HEREON ARE PERPENDICULAR TO THE RECORD TITLE LINE. 12. THERE ARE 322 STANDARD PARKING SPACES AND 9 HANDICAP PARKING SPACES PROVIDED ON THIS PROPERTY. 13. THIS 5ITE CONTAINS A CALCULATED AREA OF 295,286 SQUARE FEET OR 6.7788 ACRES. 14. JR ENGINEERING, LLC DOES NOT WARRANT THAT THE PARCEL, AS DESCRIBED HEREON, COMPLIES WITH C.R.S. 30 -28-101. 15. THERE IS NO VISIBLE EVIDENCE OF RECENT EARTH MOVING WORK OR BUILDING CONSTRUCTION OR ADDITIONS WITHIN THE SUBJECT PROPERTY. 16, THERE IS NO VISIBLE EVIDENCE OF RECENT STREET OR SIDEWALK REPAIRS. 17, THERE IS NO VISIBLE EVIDENCE THAT THE SUBJECT PROPERTY IS BEING USED AS A SOLID WASTE DUMP, SUMP OR LANDFILL. JR ENGINEERING, LLC DID NOT RESEARCH THE HISTORIC USE OF THIS SITE. TO: 38TH & SHERIDAN, LTD. PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP; AND TO LAND TITLE GUARANTEE COMPANY: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2011 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 3, 4, 7(a), 7(b1), 8, 9, 11(a), 16, 17 AND 18 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON JULY 25, 2014. 38252 DATE OF PLAT OR MAP: ssiU�1gL is JARROD ADAMS, PROFESSIONAL LAND SURVEYOR COLORADO P.L.S. NO. 38252 FOR AND ON BEHALF OF JR ENGINEERING, LLC JADAMS@JRENGINEERING.COM PER C.R.S. 13-80-105, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT W THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. JR ENGINEERING, LLC AND/OR THE SURVEYOR OF RECORD SHALL NOT BE LIABLE FOR MORE THAN THE COST OF THIS SURVEY AND THEN ONLY TO THE CLIENT SPECIFICALLY SHOWN HEREON OR IN OUR FILE BY SIGNED AUTHORIZATION. ACCEPTANCE AND/OR USE OF THIS INSTRUMENT FOR ANY PURPOSE CONSTITUTES AGREEMENT BY THE CLIENT TO ALL TERMS STATED HEREON. W. 40TH N89059'57"W 31.82(M) NO.1 5 REBAR E1/4 SEC.I 24, AVE. N89'44'00 W 30.67 {R) WITH NO CAP T.3S., R.69W. N: 0.15' N0. 5 REBAR E- 0.00' 3Y4" BRASS CAP I IN A RANGE BOX WITH NO CAP STAMPED: LS 13212 N: 0.22' CER::) I E: 0.40' NOO°17'21"W 55.41 NOd"d0'30"E 55.41 o w I REBAR WITH I HANDRAILPLASTIC CAP al a w I ILLEGIBLE u : 0.19' 6' WOOD I 1 � N89-59-57*W 154.04(M) E: 0.18' FENCE N®9'44'04"W 150.00'(8) 6' WOOD FENCE - x = - _- _ = = WOOD RETAINING WALL NOO-17-21-W 54.01 6' FENCE OOR r -`\ �� I t4 I l�� - NOO-003d"E 54.00'(R) I II ( I AREA N0. 5 REBAR 1 AOC 1 INLET -�! WITH NO CAP 6' CHAIN I m II S: 0.20' LINK FENCE g 6' SEWER EASEMENT W: 0.30' [ BOOK 393, PAGE 399F TC#3 6' WOOD FENCE N89'59'57"W 150.00'(M) BOOK 660, PAGE 447 TC 4 ' J N89'44'00"W 140.94!(R) -- cq AOC tm� X I�� I 4' SEWER EASEMENT ASPHALT 40' N89'59'SrW 200.57'(M) WALL aL REC. N0. 82037245 N89'44Od W 200.57'(R) W/ WOODGFENCE cra = L� TC 4&6 AREA INLET40.0' 1 a z rn u I ® AREA ASPHALT o 0 INLET ELEC. a o 3t co o-------- C11 m STAIRS 80.8' 0 48.1�o v -a o' N89°5957"W 144.00'k N89'4W 100.00R maSEWER 4' SEWER EASEMENT c- AREA BOOK 660, PAGE 443 TC82037245 INLET INLET i r- 52.8' mr-I_ - N --r T 0 G � �_ INLET I II � ASPHALT i ------- 43.1' 6' SEWER EASEMENT HMANNSUBDIV'SION \ II 0 a RlETHMANN S MINOR \ !I I I z w� a� � BOOK 660, PAGE 445 � o,,, � 57.6' < CONCRETE 1 \ TC 4 4' SEWER EASEMENT I REC. NO. 76776853 Q 00 � 58.8' 22.0' I _ II', I I o� BOOK 746, PAGE 512 I ( o a U - TC o(� 10 IIS II Of " ooz LGl ® ( JI I ~ I I 10' UTILITY EASEMEN T TC 5 I �) I I( I z o o OREC. 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I I 30' N oVAULT h Q QEl FUEL I I a) '� o I6 7 ISLAND i I 14 II z z (IYP.) i. i) w ( ; _JIT I 0 z Q I 1 1 i C� lug wI Z o I I o JI CURB & o i - acs GUTTER ®� 1 CONCRETE t? i ��' � Y MSIII� M I ( I �'-------_-- _ m i OVERHANG i / r 0 00000 0 0 22.5' -40.0 �- PERMANENT EASEMENT OU7{LER I N PERMANENT EASEMENT N�1 /�iE - J 11 r REC. IN F1383833 REC. NO. F1383834 ATM GU. ASPHALT R0 FENCE® ( /I E- ASPHALT % TC 17 ELEC. o p W BRICK COLUMNS TC 18 INLET TRANS. IICONC. g �� `------ //4 I. PAN t -j 1 t II ` I41 ,I Ili ❑ ----- - --- o ----- ❑ - -- --r - _-1 0 ci- o - - _ - % yi SIGN IRON FENCE - GEtF I 12 RCP-W/BRICK COLUMNS -- - - - - -- - - - - - - - - - - - - - -� - - POINT OF IEGINNIN6 E I I- QsR,0_W.--- _..- - - - - - -v - _ - = �- - = _ - = _ - _ - _ _ = _ '_ = � - - - /, S89°59'57nE 521.18'(M) - R.O. W. -589 59'57"E 141.00' `_ _ _ _}'L_�j 4 7i POINT OF - --C -----_- ---- -- --- -- -- -- -- - ---- RQW Dc�ICAT10N COMMENCEMENT - S89"4440 E 521.9�(R) 4' EASEMENT QUIT CLAIM DEED NAIL &SHINER CNLET ROW DEDIC::?'ION 3' EASEMENT o BASIS OF BEARINGS a 20' UTILITY € ROW DEDICATION b) T. COR. SEC. 24, STAMPED: LS 29048 QUIT CLAIM DEED REC. N0. 91043300 SOUTH LINE SE1/4 SEC. 24, W. 38T AVE. ROW DEDICATION REC. NO. 91043300 REC N0. 910.3314 ASEMENT o T.3S., R.69W. 1 REC. NO. 911, QUIT CLAIM DEED o TC 9 86616 M 3Y4" BRASS CAP ASPHALT REC. N0. 9';63314 TC T.3S. R.69W. R O.W, VARIES WARRANTY DEED TG 11 REC. NO. 91058242 3 A RANGE BOX N89'59'57"W 2648.14' -!-REC. N0. 83001300 ASPHALT i CONCRETE L - -- -- -- -...� -- -- --. -- -. -_. -- -- -- 1-- -- --- -- -- STAMPED: L., 13212 A�A 4 WATER VALVE WATER MANHOLE 1J WATER METER c� FIRE HYDRANT SANITARY SEWER MANHOLE 7 ELECTRIC METER LIGHT POLE OVERHEAD UTILITY POLE o-- GUY ANCHOR TRAFFIC SIGNAL BOX rs TRAFFIC SIGNAL_ PULL BOX TELEPHONE PEDESTAL E BOLLARD SIGN STANDARD PARKING SPACE COUNT g 6, HANDICAPPED PARKING SPACE TCu7 TITLE COMMITMENT EXCEPTION -OHU- - - - - OVERHEAD UTILITY LINE SET 18" NO. 5 REBAR 0 WITH A 1Y2" ALUMINUM CAP STAMPED: JR ENG PLS 38252 SET CONCRETE NAIL AND 1/2" BRASS TAG STAMPED:JR ENG PLS 38252 30 15 0 30 ORIGINAL SCALE: 1" = 30' City of V`Iheat �idJ�e LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant JR Engineering City Centennial Address 7200 S Alton Way, Suite C400 Phone 303-740-9393 State CO Zip 80112 Fax 303-721-9019 Owner City if Wheat Ridge Address 7500 W. 29th Avenue City Wheat Ridge State CO Zip 80033 Phone 303-235-2846 Fax Contact Jarrod Adams Address 7200 S. Alton Way, Suite C400 Phone 303-267-6172 City Centennial State CO Zip 80112 Fax 303-721-9019 (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): 05201 W. 38th Ave, Wheat Ridge, Co 80212 (W. 38th Ave. & Sheridan Blvd. ) Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted. O Change of zone or zone conditions O Special Use Permit ® Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation O Other: Detailed description of request: Minor subdivision plat of one (1) lot over an existing gas station and one (1) tract over existing City landscaping, sidewalks and roadway. Required information: Assessors Parcel Number: 39-244-00-053 Size of Lot (acres or square footage): 14,673 S.F. Current Zoning: MU -N (Mixed Use Neighborhood) Proposed Zoning: Same Current Use: Gas Station & Landscaping/Roadway Proposed Use: Same 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, 1 am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorn the o ner which approved of this actior��%his behalf. Notarized Signature of Applicant ,,�•.'0�fD� State of Colorado L� County of C��O�,t��, } SS NOrg9� .Z "fhe foregoing instrument (Land Use Processing Application) was acknowledged A by me this a? of ' 20 /� by jil ,o � :� �BLIG O: C00'P� Notary Pub c .Fxptt02�AT�6 My commis o expires -2 /X7/20 To be filled out by staff: SCompDate received '�S- 31- 15 - Comp Plan Design. Related Case No. Fee S G Receipt No. Case No. ZoningQuarter Section Map Pre -App Mtg. Date — Case Manager e a MURRAY AHL �Tr KUECHENMEISTER ^+' RENAUC LLP August 6, 2015 Robert L. Preeo Preeo Silverman Green & Egle PC 1401 17th Street, Suite 800 Denver, CO 80202 Re: King Soopers 38th & Sheridan �IOZ0 Gerald E. Dahl Your client Robert Perry has inquired of the City of Wheat Ridge regarding the current status of our joint efforts to complete the obligations of the parties as expressed in the April 28, 1995 Development Agreement. As you will recall, this has been the subject of some detailed correspondence between the two of us, and in particular, my March 1, 2013 letter to you, your December 13, 2013 response letter, and my April 21, 2014 e-mail to you (copies of all enclosed). All of these letters and e-mails cover many of the same topics. The purpose of this letter is to report on my recent meeting with the Wheat Ridge Planning and Public Works staff and to summarize where I believe the parties are with respect to the final arrangements to complete the obligations in the Development Agreement and to arrange for the transfer of a portion of the City's property at the southeast corner of 38th and Sheridan to your client. We believe the current open issues, and the proper path to completion of each, is as follows: Site improvement completion: This is the subject of my March 1, 2013 letter to you. I have confirmed the 30- year Lease with King Soopers has been signed, and the site improvements themselves have been completed. Conveyance of the property: Because the site improvements have been completed, it is now proper for the property to be conveyed by the City to your client. The City's Charter 16.5 requires an ordinance. We have researched this and determined that an ordinance was adopted approving this conveyance. Legal description of parcel to be conveyed: My April 21, 2014 e-mail to you commented on the legal description you forwarded to me. Public Works Director Scott Brink reviewed and requested corrections to that legal, which I believe was done. This will be needed to support the plat for the minor subdivision of the property, described below. /itorneys at Lai,- The Historic Sugar Building 1530 16th Street, Suite 200 Denver, Colorado 80202 Main 303.493.6670 Fax 303.477.0965 Direct 303.493.6686 gdahl(gmdkrlaw.com Robert Preeo Page 12 Minor subdivision: This letter confirms that the conveyance of a portion, but not all, of the presently owned City tract at the corner of 38th and Sheridan will effectively create two lots. This is an act of subdivision and I hereby confirm that while there is not an exemption from the City's subdivision regulations for such a subdivision, it will be a minor subdivision and can be processed administratively without public hearings. No consolidation plat will be required. It will be necessary, however, for your client to prepare the minor subdivision plat. We ask that the plat be designated the "Breakfast Queen Subdivision," that the property to be conveyed to your client be designated as Lot 1, and the property retained by the City at the southeast corner of the intersection be designated Tract A. The following are the submittal requirements for an administrative plat approval: 1. Completed, notarized land use application form 2. Application fee 3. Signed submittal checklist (attached) 4. Proof of ownership—e.g. deed 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 6. Commitment for title insurance—required for all major and minor subdivisions and right- of-way dedications 7. Written request and description of the proposal 8. Geodetic Surveying Requirements for Final Plats checklist—completed & signed by surveyor 9. Closure sheet for the exterior boundary and for all individual lots—boundary must close within a limit of 1:50,000 10. Subdivision plat - Two (2) full size paper copies (24" x 36") - One (1) reduced size paper copy (11 " x 17") - AutoCAD .dwg file format—confirm acceptable version with city staff 11. Exhibit and deed for right-of-way dedication prepared by surveyor—only required if partial right-of-way is being dedicated by separate document 12. Electronic (Adobe .pdf) files of all submittal documents—these may be provided via email, CD, DVD, or USB flash drive Included is a specific checklist for the form and content of the plat document. Please note that the City of Wheat Ridge needs to be a party the plat as we still own some of the property. Reservation of General easement for utilities: As a part of the minor plat submission, please include a reservation of utility easements for the benefit of the City and utility providers, extending to both above and below ground utilities. This is addressed in Scott Brink's e-mail to Bob Perry dated November 1, 2013. Once the minor subdivision plat with utility reservation and appropriate lot and tract designations has been prepared, please provide a draft for review by myself, the Public Works Department, and the Community Development Department. Robert Preeo Page 13 Termination of Development Agreement: This letter confirms that upon approval of the minor subdivision and conveyance of the property, there are no remaining obligations in the Development Agreement other than the landscape/streetscape maintenance items addressed below. I will prepare a resolution for City Council terminating the Development Agreement and approving the revised Right of Entry, which we have agreed will take on the landscape/streetscape maintenance obligations. Revised right of ent1y: You will need to prepare an amendment to or revision of the 2001 Right of Entry and Letter of Agreement to include the landscape/streetscape obligations presently in the Development Agreement. Please understand that as presently configured, the Right of Entry is simply that: a right for the City to enter the property, and does not really function well as a continuing landscape/streetscape maintenance agreement. You will need to re -characterize that document and may simply choose to call it a "Landscape and Streetscape Maintenance Agreement and Right of Entry." It will need to have the appropriate factual recitals and, in its operative provisions, describe the landscape and streetscape improvements, where they are located, and your client's maintenance obligations, along with my client's rights of entry. Once you have created a draft please route it to me, Scott Brink and Ken Johnstone for review and approval. We will want to ensure that the obligations of the developer run to successors and assigns and that they are as enforceable as presently in the Development Agreement, understanding that it is likely that your client will at some point transfer its ownership in the center to someone else. I suspect this letter may raise additional questions, and encourage you to respond as soon as you are able so that we can have the appropriate documents in hand and process this to final. As a summary, I believe the documents that need to be prepared as follows: • Resolution terminating Development Agreement: assignment, Dahl • Minor subdivision plat and application: assignment, Preeo • Amended right of entry as streetscape/landscape maintenance agreement and right of entry: assignment, Preeo • Special warranty deed: assignment, Dahl Please let me know if you believe this list is complete or if this correspondence raises questions. Otherwise, we will look forward to receiving your documents for review and the City will prepare its assigned documents for your review as well. S2 7-1�/..,; r `w .11 ,jerald E. Dahl Enclosures Cc w/encl: Meredith Reckert Rev. 5/2014 City of Wheat Ij COMMUNITY DEVELOPMENT Submittal Checklist: Subdivision Project Name: Project Location: Application Contents: The following items represent a complete subdivision application. This submittal checklist applies to all types of plat applications, including major, minor, and administrative subdivision plats. Please contact a staff planner with any questions about your specific application. _1 . Completed, notarized land use application form _2. Application fee 3. Signed submittal checklist (this document) _4. Proof of ownership—e.g. deed _5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 6. Mineral rights certification form—required for plats are reviewed at a public hearing _7. Commitment for title insurance—required for all major and minor subdivisions and right- of-way dedications _8. Written request and description of the proposal _9. Geodetic Surveying Requirements for Final Plats checklist—completed & signed by surveyor _10. Closure sheet for the exterior boundary and for all individual lots—boundary must close within a limit of 1:50,000 _11. Subdivision plat Two (2) full size paper copies (24" x 36") One (1) reduced size paper copy (11" x 17") AutoCAD .dwg file format—confirm acceptable version with city staff _12. Civil documents, if required _13. Exhibit and deed for right-of-way dedication prepared by surveyor—only required if partial right-of-way is being dedicated by separate document _14. Electronic (Adobe .pdf) files of all submittal documents—these may be provided via email, CD, DVD, or USB flash drive Form and content of Subdivision Plat: Project information _1. Title of document – centered at top of page "[Subdivision Name] Located in the _ 1/4 Section, Township 3 South, Range 69 West of the 6th Principal Meridian..." 2. Complete metes and bounds legal description compliant with Geodetic Surveying Requirements: a. On Current City Datum (ground-based modified form of NAD83/92 (NAD83 HARN) State Plane coordinate system) b. Includes section ties to Section corners, Quarter Section corners, or to City of Wheat Ridge Permanent High Accuracy Control (PHAC) points _3. Basis of bearing statement _4. Small scale vicinity map – with north arrow and scale _5. Name/Address/Phone number(s) of architect, engineer, or surveyor associated with the project Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us 6. Certification blocks — including for surveyor, owner, City, and County (see cover items handout) 7. Standard easement notes (see cover items handout) 8. Ownership/unified control statement, if applicable 9. Dedicatory statement, if applicable 10. Data table with total area of site and area of individual lots (in square feet and acres) 11. Case history box and date of preparation Graphical information _12. Graphical representation of the property boundary corresponds with the legal description 13. Point of Beginning and Point of Commencement are shown 14. Monument information — including City -based monument identification number and coordinates on Current City Datum _15. Existing and proposed lot lines, with appropriate information: a. Include distances and bearings on Current City Datum b. Round all distances to the nearest 0.01 -foot and all angular measurements to the nearest second _b. Provide the arc length, chord length, chord bearing, central angle, and radius for all curves d. Show lot lines as "Hereby [created/removed] by this plat" 16. Existing and proposed street right-of-way, with appropriate information: a. Include all adjacent ROW widths and distances from ROW centerline to corners of subject property boundary b. Show right-of-way dedications as "Hereby dedicated by this plat" _17. Existing and proposed easements a. Show location, purpose, and dimensions of all easements b. Distances and bearings shall be consistent with the Current City Datum _18. Location and dimensions of public dedication/reservation, if any _19. Subdivision name, lot and block numbers, and zoning for adjacent properties — all adjoining parcels not previously platted are shown as "UNPLATTED" 20. Legend, north arrow, and scale — scale not to exceed 1 "= 100' 21. Section ties to a minimum of two (2) property corners are included _22. NOS/NGS Statement of Accuracy included _23. All Set & Found property pins are identified _24. All encroachments or gaps have been clearly identified including any necessary note(s) _25. All lineal units are shown as being in U.S. SURVEY FEET _26. A description of the Current City Datum is included (refer to Geodetic Surveying Requirements) _27. Location of the 100 -year floodplain (if applicable) _28. The sheet margins are 2" on the left, 1" on top, and 112" on sides Additional information which may be required: Depending on the size, scope, and complexity of the request additional documents may be required. The submission of these documents will be discussed during the pre -application meeting. This includes, but is not limited to, the following documents (one paper copy plus Adobe . pdf file is required): _1 . Traffic study _2. Trip Generation Study _3. Drainage Letter & Plan _4. Drainage, Grading, and Erosion Control Plan 5. Final Drainage Report & Plan _6. Soils Report _7. Engineering plans which detail construction of all public improvements _8. HOA Covenants _9. Subdivision Improvement Agreement _10. Development Covenant Agreement _11. Phase I Environmental Assessment _12. Complete set of construction drawings (2 copies) _13. Improvement Survey Plat _14. Improvement Location Certificate 15. Site Plan As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2"d) full review, I will be subject to the applicable resubmittal fee. Signature: Date: Name (please print): Phone: Gerald Dahl To: Robert Preeo Cc: Scott Brink (sbrink@ci.wheatridge.co.us); Kenneth Johnstone (kjohnstone@ci.wheatridge.co.us); Patrick Goff (pgoff@ci.wheatridge.co.us); Steve Art (sart@ci.wheatridge.co.us); Robert Perry Subject: RE: 38tha and Sheridan gas station parcel and related issues Bob, I ha confirmed with the City at the conveyance can be for nominal $1,000, although the development agreement says F V, so that is acceptable. As for other items, I think the following needs to be done, and I suggest assignments for each: Conveyance of the property: Charter 16.5 requires an ordinance. I bear in mind your question about whether the Development Agreement (approving the transfer) was approved by ordinance, thus satisfying this requirement. I will check. If an ordinance is still required, I will draft it. Legal description: you have forwarded one; Scott Brink has reviewed and requested corrections. See Scott's email to all of us dated April 21. Please revise the legal. The legal must contain a reservation of utility easements for the benefit of the City and utility providers; please include this language for my review and approval. See Scott Brink's email to Bob Perry dated 11/1/2013. Minor subdivision: this conveyance will create two tracts, which is an act of subdivision. I will confirm with the City whether there is any exemption; otherwise, it will be a minor subdivision and likely an administrative approval. Termination of the development agreement: I will confirm with Ken Johnstone that there are no obligations in the Agreement other than the landscape/streetscape items (which we have agreed to move to the Right of Entry and Letter of Agreement). If this is confirmed, I will prepare a resolution for the City Council terminating the Development Agreement and approving the revised Right of Entry. Amended Right of Entry: Will you please prepare an amendment to (or a revision of) the 2001 Right of Entry ,.and Letter of Agreement to include the landscape/streetscape obligations presently in the Development Agreement? This will need to be routed to me, Scott Brink and Ken Johnstone for review and approval. We will want to make sure that the obligations run to successors and assigns and are as enforceable as they presently are in the Development Agreement. Future CDOT plans to widen Sheridan: by this message, I am asking Scott Brink if it is necessary for us to retain some form of reservation to acc any lans for CD on Sheridan. Please confirm this is the prehensive list of items to complete this t nsfer, and that you will undertake the tasks I identify as being in y r court. Regards, Jerry Gerald E. D hl v Bahl mdk law.com Direct: 303-4'93-6686 Murray Dahl Kuechenmeister & Renaud LLP 1530 16th Street,'S,uite 200 Denver, CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 www.mdkrlaw.com 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. ----Original Message ----- From: Robert Preeo [mailto:rpreeo@preeosily com] Sent: Monday, April 21, 2014 1:05 PM To: Gerald Dahl Cc: Scott Brink (sbrink(@ci.wheatridge.co.us); Kenneth Johnstone (kiohnstone(@ci.wheatridge.co.us); Patrick Goff (pgoff(a)ci.wheatridge.co.us); Steve Art (sartPci.wheatridge.co us); Robert Perry Subject: RE: 38tha and Sheridan gas station parcel and related issues Jerry It is my understanding that the City has agreed to proceed with the purchase and sale of the parking area within Ridge Shopping Center for a nominal purchase price of $1,000. Attached is the completed survey. I believe we need to modify the landscape easements, but other that what else is needed to put this to bed? Bob Preeo Robert L. Preeo, Esq. Preeo Silverman Green & Egle, PC 1401 Seventeenth St., Suite 800 Denver, Colorado 80202 D Phone: (303) 296-4440 Fax: (303) 296-3330 E-mail: Bob@preeosilv.com Website: www.preeosilverman.com CONFIDENTIALITY NOTE: This e-mail message from Preeo Silverman Green & Egle, PC is for the sole use of the intended recipient or recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or other dissemination of this e-mail message and/or the information contained therein is strictly prohibited. If you are not the intended recipient of this e-mail message, please contact the sender by reply e-mail and destroy all copies of the original message. IRS CIRCULAR 230 DISCLAIMER: Treasury Department regulations require the following disclaimer: any federal tax advice contained in this communication (including any attachments) was not written or intended to be relied upon, and may not be relied upon, to avoid the imposition of penalties by the Internal Revenue Service. No one, without our express prior written permission, may use any written statement contained in this message (including any attachments) in the promotion, marketing, or recommendation of an arrangement relating to a federal tax transaction or matter. -----Original Message ----- From: Gerald Dahl [mailto:GDahl@mdkrlaw.com] Sent: Wednesday, January 15, 2014 11:45 AM To: Robert Preeo Cc: Scott Brink (sbrink@ci.wheatridge.co.us); Kenneth Johnstone (kjohnstone@ci.wheatridge.co.us); Patrick Goff (pgoff@ci.wheatridge.co.us); Steve Art (sant@ci.wheatridge.co.us); Robert Perry Subject: RE: 38tha and Sheridan gas station parcel and related issues I am not certain an ordinance was used to approve the development agreement. I will check. Even so, I am also not certain the development agreement is an agreement to sell rather than simply a right of purchase. Also, regarding using the right of entry to incorporate the landscape/streetscape maintenance, we may need to reform that document into an agreement with some form of security or remedy for non-performance by your client; as right now it is just the right of the City to enter the property. J. Dahl From: Robert Preeo (rpreeo@preeosilv.com] Sent: Wednesday, January 15, 2014 8:01 AM To: Gerald Dahl Cc: Scott Brink (sbrink@ci.wheatridge.co.us); Kenneth Johnstone (kjohnstone@ci.wheatridge.co.us); Patrick Goff (pgoff@ci.wheatridge.co.us); Steve Art (sart@ci.wheatridge.co.us); Robert Perry Subject: RE: 38tha and Sheridan gas station parcel and related issues Thanks Jerry. I will pass this on the Mr. Perry. One question.since the City contractually agreed to sell the property pursuant to the Development Agreement, which agreement was I believe approved via ordinance, is it really necessary to go through that process again? Bob Preeo From: Gerald Dahl (mailto:GDahl@mdkrlaw.com] Sent: Wednesday, January 15, 2014 1:50 AM To: Robert Preeo Cc: Scott Brink (sbrink@ci.wheatridge.co.us); Kenneth Johnstone (kjohnstone@ci.wheatridge.co.us); Patrick Goff (pgoff@ci.wheatridge.co.us); Steve Art (sart@ci.wheatridge.co.us) Subject: 38tha and Sheridan gas station parcel and related issues :.. I have in hand your letter of December 13, 2013 with attachments. I have reduced all of this to a pdf (attached) for the convenience of my clients at the City, who are copied on this message. In your cover letter, you make the following requests; let me respond to them in order: That the City convey the "gas station parcel," less the needed area shown on one of the attached aerial photos which Scott Brink has indicated the City needs to retain for right of way and utility purposes. o The City Charter requires conveyances of real property owned by the City to be by ordinance approved by a three quarter majority (6 votes). Charter 16.5. Assuming all of the other pieces of this deal are in place, that ordinance can be drafted and introduced. o The legal description of the property to be transferred will need to be developed. Your letter indicates you are preparing a survey. This will result in a subdivision of the current parcel 05201, which subdivision will be subject to the City's land use code at Chapter 26, Article 4. As this would create two lots or tracts from one, it is a minor subdivision. There are a series of exemptions, including one for City land trades at Code 26-401.0 (h). At first impression, it does not appear to me this exemption applies, out by copy of this message to Community - _velopment Director Ken Johnstone I am asking him to review. o The transfer would need to retain utility easements in the land conveyed, if needed. See Scott Brink's email to Bob Perry dated November 1, 2013 (attached in the pdf). o The Development Agreement, para 18, provides that the Developer may obtain title to the redevelopment area from the City by payment of fair market value, subsequent to a required notice of intent to acquire. I don't think we yet have that notice in any formal sense, and would appreciate your making that request formally and with reference to the Development Agreement. That the City terminate the 1995 Development Agreement (as amended in 2002; copies of which are attached to your letter and made a part of the pdf attached to this message). o It appears tome the Development Agreement can be terminated, but again, I want Ken Johnstone and Scott Brink to confirm there are no remaining obligations under that Agreement, other than landscape/streetscape maintenance (discussed below), that would require the continued effectiveness of the Agreement. That the City agree to an amendment of the 2001 Right of Entry and Letter of Agreement to add the landscape/streetscape maintenance obligations currently found in the Development Agreement. o If it is only the landscape/streetscape maintenance obligations that need to be moved to this Letter, I am fine with this approach. I do also note that Scott Brink has mentioned that CDOT may wish in the future to widen Sheridan. See, Scott's email to Bob Perry dated November 1, 2013. Scott, will that impact this transfer? I do not want to have the City convey this property, only to have CDOT have to acquire a portion of it from the private owner for compensation in the future. My suggestion is that once City staff have worked through the issues I describe, in addition to any others they have, that it is best to set up a meeting to coordinate efforts going forward. Let me know if you agree and if you have any comments or additions to the points made here. Regards, Jerry Gerald E. Dahl gdahl@mdkrlaw.com<mailto:gdahl@mdkrlaw.com> Direct: 303-493-6686 Murray Dahl Kuechenmeister & Renaud LLP 1530 16th Street, Suite 200 Denver, CO 80202 Phone: 303-493-6670 Fax: 303-477-0965 www.mdkrlaw.com<http://www.mdkrlaw.com> 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 Robert L. Preeo ' Eldon E. Silverman " Jersey M. Green Gilbert R. Egle " Martin J. Green 1951 -2007 Also Licensed in California ' Wyoming and Wisconsin " Wyoming— December yoming— December 13, 2013 PREEO SILVERMAN GREEN & EGLE PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW ALAMO PLAZA 1401 SEVENTEENTH STREET, SUITE 800 DENVER, COLORADO 80202 TELEPHONE (303) 296-4440 FACSIMILE (303) 296-3330 Gerald E. Dahl, Esq. Murray Dahl Kuechenmeister & Renaud LLP 153016 Ih Street, Suite 200 Denver, CO 80202 Re: Kings Soopers 38 I & Sheridan: Gas Station Parcel Dear Jerry: Mark T. Berger Robert O. Corn, OF Counsel Website: www.preeosilverman corn E-mail: Bob@preeosilv.com You may recall earlier this year we were communicating concerning my client (38`h & Sheridan Ltd.) acquiring the fuel facility and parking area that is currently leased to my client under a ground lease leased by the City. I have enclosed a copy of your March 1, 2013 response letter. Since that time, all of the conditions have been satisfied and it is my understanding that the City is prepared to convey the parcel to my client. In preparation for such conveyance, we are in the process of obtaining a survey of the parcel which will also provide us with a complete legal description. I have enclosed for your information a photo of the area which I believe the City wants to retain. This photo was prepared by Mr. Scott Brink at the City (copy of his November 1, 2013 e-mail directed to Robert Perry is enclosed). Since the conveyance of the property will effectively terminate the ground lease, we would like to formerly terminate the overall Development Agreement as an encumbrance against the parcel (copy enclosed). The continued landscape obligations for my client were previously set forth in a Right of Entry and Letter of Agreement dated November 30, 2001, a copy of which is enclosed. To the extent any other landscape issues need to be addressed, we can incorporate them into the Letter of Agreement. As soon as we have the completed survey, I will forward a copy to you. In the meantime, I thought l would rekindle our discussion to see what, if any other issues and/or documentation you may feel are needed. After you have had a chance to review, please feel free to contact me at your earliest convenience. Very truly yours, PREEO SILVERMAN GREEN & EGLE, P.C. Robert L. Preeo BLP/ll Encs. %RENALJM MuRRAY SAHLKuECHENMEISTER LLP Gerald E. Dahl March 1, 2013 Robert L. Preeo Preen Silverman Green & Egle PC 1401 17th Street, Suite 800 Denver, CO 80202 Re: King Soopers 38th & Sheridan: Gas station parcel Dear Bob: This letter follows up on your recent voice message. I have spoken with Steve Art at Wheat Ridge and can report the following. When the City met with the property owner, Bob Perry (38th and Sheridan LTD Partnership), about the remnant parcel and his desire to acquire it, the City agreed that it held no value to the City and the City would agree to deed the property to the Sheridan LTD Partnership upon the following conditions: • Site improvement completion and new 30 -year lease with King Soopers (the leases have been signed; improvements in progress) • Site improvement completion of the remainder of the center by Perry's group (not started, nor has the City seen any plans to do such). Based upon the above, the City is not in a position to deed the property until such time as the second condition is complete. At that time, the City would be willing to transfer the property with the following stipulations: • Sheridan LTD Partnership will pay for all legal fees and transfer documentation • Sheridan LTD Partnership will agree to maintain the City monument signage at the corner of 38th and Sheridan For your information, on the attached photo, all parcels in the shopping center are owned by 38th and Sheridan LTD Partnership except for 05201 which is owned by the City and is the parcel in question. S' c Gera Enclosure Cc: Steve Art, Economic Development Manager Attorneys at Law The Historic Sugar Building 1530 16th Street, Suite 200 Denver, Colorado 80202 Main 303.493.6670 Fax 303.477.0965 Direct 303.493.6686 gdahl@mdkrlaw.com City of Wheatdg COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 December 15, 2014 Robert Perry 6500 S. Quebec Street Suite 300 Englewood, CO 80111 Dear Mr. Perry: The intent of this letter is to clarify the City of Wheat Ridge's position on sale of property located at the northwest corner of West 38th Avenue and Sheridan Blvd. The property in question is located at the northwest corner of West 38`h Avenue and Sheridan Blvd and is part of the Ridge Village Shopping Center. The existing King Soopers and associated strip retail building were built in 1981. The Ridge Village shopping center is comprised of 6.7 acres and has 84,000 square feet of floor area. According to County Assessor information, the property is comprised of eight parcels. Five of the parcel lines run through existing buildings on the site including the grocery store, the strip center and the fueling station canopy. In 1995, the City purchased a parcel of property at 5201 W. 38th Avenue (southeast corner of the site) and demolished the existing restaurant building. Acquisition of this parcel was necessary to accommodate turn -lane improvements on Sheridan. Subsequent to the right-of-way improvements, the remainder of the parcel was paved and incorporated into the parking area in front of the grocery store with a development agreement memorializing the lease to the current property owner. In July of 2002, City Council approved an amendment to the lease for King Soopers to accommodate construction of a freestanding vehicle fueling facility approved pursuant to Case No. SUP -02-01. The City still has ownership of this parcel and is in the position of selling it to you under certain conditions regarding platting. In 2002, the City installed landscaping improvements along the 38`h Avenue frontage and the southeast corner of the property as part of a $2.2 million streetscape improvement project extending from Sheridan to Harlan. This property is at the very eastern end of the streetscape project and serves as a "gateway" from Denver into the City of Wheat Ridge. The City -funded streetscape improvements installed adjacent to the property consisted of a corner feature with patterned, colored concrete, decorative bollards and a raised planting island with trees and shrubs. Landscaping and a decorative fence were continued along the property frontage to the west. These improvements included the planting of 13 trees along 38`h Avenue. These streetscape improvements are currently located on private property as part of the shopping center's holdings. The improvements are being maintained by the City of Wheat Ridge. With the intention of conveyance of the City -owned parcel to you and for you to dedicate the streetscape improvement areas to the City as right-of-way, a subdivision plat will be required to be submitted and processed. This plat document needs to encompass the entire boundary of the shopping center so that it www.ci.wheatridge.co.us can be consolidated into a single parcel of land. This may require your surveyor to perform additional field work. Platting the entire shopping center property is beneficial to both parties involved for a variety of reasons: • Generally from a title standpoint, it is undesirable to have property lines crossing building pads. Consolidation of all of the properties into one will correct this situation. • Both the Uniform and International Building Codes contain provisions that require structures to maintain a specific distance from property lines. For structures to be constructed up to the property line they must meet a very stringent set of criteria which includes fire rating of walls, roofs, openings and systems, and alteration of or addition to such existing structures that do not currently comply with such criteria is prohibited without first achieving that compliance. There are no allowances within the codes for structure to pass over a property line and, thus, an existing structure with such condition would be required to be divided internally along the property lines with fire walls or barriers and other structural and systemic changes as necessary to achieve compliance with the various provisions of code applicable to the particular occupancy type, which may be extremely difficult or even impossible to achieve, dependent upon the structures' type and method of construction. • Dedication of the portion of the property that has streetscape improvements on it means you will not be paying taxes on the area used for the improvements. • The City will accept all responsibilities relative to maintenance of the streetscape improvements. Because the proposed consolidation will involve over five properties and there will be a right-of-way dedication, public hearings in front of both Planning Commission and City Council will be required. Attached is a copy of the City's process chart for processing a subdivision application. If you have additional questions, please let me know. Meredith Reckert, AICP Senior Planner 2