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MS-15-02
OEvergreen Development I Services I Investments November 3, 2015 Ms. Meredith Reckert Senior Planner City of Wheat Ridge 7500 W 29th Ave. Wheat Ridge, CO 80033 Re: ODP application for 3865 Kipling Street Dear Ms. Reckert, I K 0 (A-04,� M S -( s -- 0 2- wwvr.evgrexom I am sending this letter to inform the City of Wheat Ridge that Evergreen Development is withdrawing its application to rezone the property located at 38th and Kipling. If you have any questions or need any further information, please don't hesitate to call. Sincerely, Erika K. Shorter Director, Colorado Acquisitions Evergreen Devco, Inc. Arizona California 2390: Camelback Rd., Suite 410, Phoenix, A2 85016 200 N Maryland Ave.. Suite 201. Glendale. CA 91206 1873Col$ Bellaire St., Suite 1106, Denver. CO 80222 Phone: 602rado Fbr 602-808-9100 /'hone: 818-240-8727 Far: 818-240-1823 Phone: 303.324-9189 Meredith Reckert From: Andy Call <acall@evgre.com> Sent: Tuesday, July 28, 2015 11:44 AM To: Meredith Reckert Subject: Re: 38th & Kipling - New Development Plan Thanks Meredith. Something came up and I can't make it on the 30th. Can we push this out to the week the 1st or 2nd week in Aug? Let me know if there are a couple of days and times that work for you. I'm fairly open. Andrew Call I Evergreen I Sr. Development Manager 2390 East Camelback Road, Suite 410, Phoenix, Arizona 85016 Phone: 602.808.8600 1 Mobile: 623-523-3943 acall(devgre.com www.evLre.com Evergreen Pe.e lopmewt � Ser•,.t ea Gln re slmenH From: Meredith Reckert <mreckert@ci.wheatridee.co.us> Date: Monday, July 27, 2015 at 1:42 PM To: Andrew Call <acallPevgre.com> Subject: RE: 38th & Kipling - New Development Plan WE could do something at 3 PM on July 30. Does that work for you? Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 City of W heatj jog C,ommumiy DtvtLOPM1:N1 From: Andy Call [mailto:acallC@evgre.com] Sent: Friday, July 24, 2015 10:25 AM To: Meredith Reckert Subject: 38th & Kipling - New Development Plan Meredith, Thanks for your patience with this site. Eventually we're going to make this work and everyone will be very excited about the final results! As discussed, below are some follow-up items that we need to discuss. I will be in Denver on 7/30 and am fairly open in the morning. I would like to meet, start fresh, discuss this site..... again. • Development Plan — Evergreen has a couple of potential users that want to develop the site themselves. Evergreen plans to improve 39th, make the curb cuts on Kipling and 38th and the end users would do all the site work. • Poles on 38th — As discussed I would like to get a resolution to the power poles. The other developments along 38th have not under grounded the poles, including the adjacent Gas Station and Dentist. • Dentist — As discussed, Evergreen has called the Dentist several times with no response. It would be great if the City can mail a letter to the dentist discussing the issue of the drive along 38th. • CDOT — Mike Rocha sent the City a draft letter and application that needs to be reviewed and submitted by the City. I would like to continue to discuss the CDOT access and applications and if the City has reviewed the information provided. • ODP — I would also like to discuss the next steps with the ODP. Thank you. Let me know if you have time Thursday morning or if there is another day and time. Andre"• Call Evergreen I Sr. Development Manager 2390 Last Camelback Road. Suite 410, Phoenix, Arizona 85016 Phone: 602.808.8600 ! Mobile: 623-523-3943 acallnev re.com I www.evigre.com QEvergreen Mvrlopment � Serax e• � Invntmenta RY MIN LEr1A GUL�,h - L NEISUBJECT T00 - CHANGE \, DRAINAGE EASEMENT CITY OF WHFATRIOOE-__",\ e, //�� 11.88 ' 20.28, ZONED PCD AMBULANCE PROPOSED FSER BUILDING (7,000 SF) TRASH 0 Q) \ O 7 4 ♦ S89' 12'43 "W 125.27' 20.00' 1 I ARCHITECTURAL SITE PLAN — SCHEME B i W � i I o � b I i 0 78-9-12'.34 "W 150.01' l/1 ZONED C-1 Z J ------- --- - - ---- -- - - W. 38th AVE. -♦ SCALE: 1 " = 20.0' 00 Q o 0 ti z U w q w w < � z w : zo o z � Q U Lu w a Q LL w n z 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.303.403.5900 • www.wrfire.org DIVISION OF FIRE PREVENTION May 26, 2015 Meredith Reckert City of Wheat Ridge Community Development 7500 West 291h Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: MS-15-02/Evergreen Devco plat The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has no additional comments beyond those issued in response to referral WZ-15-01 dated Jan 21, 2015. 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 Meredith Reckert From: KimDahlin <kdahlin@westridgesan.comcastbiz.net> Sent: Wednesday, May 20, 2015 11:29 AM To: Meredith Reckert Subject: RE: referral - Evergreen Devco plat Dear Ms. Reckert: Regarding Case No. MS-15-02/Evergreen Devco, the Westridge Sanitation District has the following comments: 1. The property is presently within the service area of the District 2. The property is NOT presently serviced by the District 3. The nearest WSD mainline is in West 38`h Avenue 4. It cannot be determined if these properties can be serviced via gravity sewer flow (if a lift station is required it will be private and not owned or maintained by the District) 5. It is unclear what is being proposed for this development 6. It is unclear what flows will be generated by this development 7. An extension of WSD may be need and would be paid for by the developer 8. An easement may required A better understanding of the proposed development will be needed to determine if and how this development can be serviced by the District. Thank you. Kim Dahlin Office Manager Westridge Sanitation District Phone 303-424-9467 / Fax 303-424-2628 kdahlin(a)westridgesan.comcastbiz.net From: Meredith Reckert [maiIto:mreckert@ci.wheatridee.co.us) Sent: Wednesday, May 06, 2015 11:26 AM To: KimDahlin Subject: referral - Evergreen Devco plat Dear Kim, The Wheat Ridge Community Development Department has received a request for approval of a two lot minor subdivision at 3865 Kipling Street (Case No. MS-15-02/Evergreen Devco). 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 Evergreen Devco plat. Access the site at: ftp://ftp.ci.wheatridge.co.us/outbox/ User name: cowrftp Password: cowrftp2012 Path: Community Development 4 Evergreen Devco plat Comments are due by May 22, 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: ham.//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.wheatridcle.co.us City of Wheat Rge COMMUNITY DFvfLOPMFNiid CONFIDENTIALITY NOTICE: This e-mail contains business-conlidential 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. XcelEnergysm PUBLIC SERVICE COMPANY May 20, 2015 City of Wheat Ridge Community Development 7500 West 29`h Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Evergreen Devco Subdivision Plat, Case # MS -15-02 Right of Way & Permits 1123 West 3i' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.I.george@xcelenergy.com 5—" Public Service Company of Colorado (PSCo) has reviewed the subdivision plat for Evergreen Devco. PSCo requests that the following replace Plat Note 5 to better describe the easement requirements of this commercial development, and that all easements are depicted graphically on the plat: Minimum ten -foot (10) wide dry utility easements are hereby dedicated on private property adjacent to all public streets, and around the perimeter of each commercial/industrial lot in the subdivision or platted area. These easements are dedicated to the City of Wheat Ridge for the benefit of the applicable utility providers for the installation, maintenance, and replacement of electric, gas, television, cable, and telecommunications facilities (Dry Utilities). Utility easements shall also be granted within any access easements and private streets in the subdivision. Permanent structures, improvements, objects, buildings, wells, water meters and other objects that may interfere with the utility facilities or use thereof (Interfering Objects) shall not be permitted within said utility easements and the utility providers, as grantees, may remove any Interfering Objects at no cost to such grantees, including, without limitation, vegetation. Public Service Company of Colorado (PSCo) and its successors reserve the right to require additional easements and to require the property owner to grant PSCo an easement on its standard form. Please be advised that PSCo has existing overhead electric distribution facilities within the subject property. The property owner/developer/contractor must 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. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. The developer must contact Frank Grady, Right -of -Way Agent at 303-425-3874 for any easement issues. Additional easements may need to be acquired by separate document. 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 Meredith Reckert From: Joyce Manwaring Sent: Thursday, May 14, 2015 11:49 AM To: Meredith Reckert Subject: RE: Referral - Evergreen Devco plat The Parks and Recreation Department does not support this development due to the impacts at the entrance to the Center. The plat proposes joint use of the entrance and there is not enough space to enter and exit a drive to the business in this location. Even with the reconstruction of the retaining wall to straighten out the curve at the entrance the volume of traffic would be negative impact to Recreation Center users. I have not received confirmation that CDOT has approved a right out at the north entrance to alleviate the issues at the light on 41St Thanks. Joyce Manwaring Director Parks and Recreation 4005 Kipling St. Wheat Ridge, Colorado 80033 Office Phone: 303-231-1308 Fax: 303-420-0316 www.ci.wheatridge.co.us City of W heat Midge PARKS AND RECREATION 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. From: Meredith Reckert Sent: Wednesday, May 06, 2015 11:10 AM To: Joyce Manwaring Subject: Referral - Evergreen Devco plat Dear Joyce, The Wheat Ridge Community Development Department has received a request for approval of two lot minor subdivision at 3865 Kipling Street (Case No. MS-15-02/Evergreen Devco). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: Evergreen Devco plat Comments are due by May 22, 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 CCCONSOLIDATED mutual water May 7, 2015 City of Wheat Ridge Community Development Ms. Meredith Reckert 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: Case Number MS -15-02 —Evergreen Devco — 3865 Kipling Street Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated May 7, 2015, regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company (Company.) Domestic water service may be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. Our records indicate that the property addressed as 3865 Kipling Street is currently receiving domestic water from the Company through a 5/8 -inch meter (CMWCo Tap Number 2497/Account Number 01103405-01.) Domestic water service may continue to b; provided to this property subject to compliance with the Con-ipany's rules, regulations and requirements for such service. The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a remodel or building addition as a "change of use." The Company's rules, regulations, and requirements further state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • p0. Box 150068 • Lakewood, Colorado 80215 Telephone (303)238-0451 • Fax (303)237-5560 City of Wheat Ridge Community Development Ms. Meredith Reckert May 7, 2015 Page 2 of 2 Fire protection requirements should be obtained from Wheat Ridge Fire Protection District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, A �- Andy Rogers Project Engineer cc: Kelly Brooks, Fire Marshall, Wheat Ridge Fire District Michael E. Queen, CMWCo President Zach Queen, CMWCo Superintendent of Distribution Kim Medina, CMWCo Tap Administrator Meredith Reckert From: Kevin Armstrong Sent: Monday, May 11, 2015 10:22 AM To: Meredith Reckert Cc: Kevin Armstrong Subject: RE: Referral - Evergreen Devco plat The police department see no concerns with this request. Sergeant Kevin Armstrorw Cnmc Prevention 7iam Wlicai Ridge Police Department 7500 W. 2.9di Aventic Whcat Ridge, Colorado 80033 OfAcc Plionc: 303-235-2.927 Fax.- 303-235-2949 karmstrone@ci wlicatridkv. co. us City of �?`JVheat �dge OrLICE DEPARTMENT 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. From: Meredith Reckert Sent: Wednesday, May 06, 2015 11:10 AM To: Kevin Armstrong Subject: Referral - Evergreen Devco plat Dear Kevin, The Wheat Ridge Community Development Department has received a request for approval of two lot minor subdivision at 3865 Kipling Street (Case No. MS-15-02/Evergreen Devco). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: Evergreen Devco plat Comments are due by May 22, 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 City Of _:�r,MWheat itcge MUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: May 7, 2015 Response Due: May 22, 2015 The Wheat Ridge Community Development Department has received a request for approval of a two -lot minor subdivision plat on property in the process of being rezoned to Planned Commercial Development (PCD) located at 3865 Kipling Street. Case No.: MS-15-02/Evergreen Devco plat Request: Approval of a subdivision plat will facilitate development of two new commercial building sites. The property 2.2 acres in size. This plat will be processed administratively. An Outline Development Plan (ODP) for the property is currently under review pursuant to Case No. WZ-15-01. This case was referred out under separate cover dated January 21, 2015. The ODP document accompanies the zone change request to Planned Commercial Development and establishes the general character of the development. 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. No response from you will constitute having no objections or concerns regarding this proposal. 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 Fire District Consolidated Mutual Water District Westridge Sanitation District Xcel Energy Centuryl-ink Comcast CDOT Wheat Ridge Public Works Wheat Ridge Parks Department Wheat Ridge Building Division Wheat Ridge Police Department Renewal Wheat Ridge The Carnation Citr" ah • . o,#f City of Wheat Rid PUBLIC WORKS Geodetic Surveying Requirements for Final Plats TITLE OF PLAT: 3�6_-r1A 7JD KI RLN& SjE Dbfy 510oQ 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 #I) 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 comers. 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 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). 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. 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. 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) measurements per Section 26-407-D of the City of Wheat Ridge Municipal Code of Laws. 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. " 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 HARK 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. Surveyor Name (Pima Print) GaNSL)I_!AV T -- Firm I Surveyor Signature 4�5fsl��2- Da 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-chwheatridee.co.us Or contact the Department of Public Works, Engineering Division at 303.235.2861. Rev 11112 KIP'LING & 38th COMMERCIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN z A PART OF THE E1/2 E1/2 SEI/4 SEII/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Z z SURVEYOR'S CERTIFICATE LEGAL DESCRIPTION 1E, a- 1, JAMES LYNCH DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF KiPi ING & PARCEL 1: 0 38th COMMERCIAL DEVELOPMENT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND) '4F THAT PART OF THE E1/2 E1/2 SEI/4 SE1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 F/ TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL CORNER OF SAID SECTION; APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANrNG WEST, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASI PLAN ACCURATELY REPRESENTS SAID SURVEY. RUNNING THENCE NORTH ALONG EAST LINE OF SAID SECTION 762 FEET TO A POINT; RUNNING 0 A!", THENCE IN SOUTHWESTERLY DIRECTION IN A STRAIGHT LINE TO A POINT ON WEST LINE OF SAID El/2 E1/2 SEI/4 SE1/4 OF SAID SECTION, WHICH POINT IS 600 FEET NORTH OF SOUTH LINE z n OF SAID SECTION; RUNNING THENCE ALONG WEST LINE OF SAID E1/2 E1/2 SE1/4 SE 0 > 1/4 TO -5 SOUTH LINE OF SAID SECTION; RUNNING THENCE EAST ALONG SOUTH LINE OF SAID SECTION TO OR PLACE OF BEGINNING; x //g j TE EXCEPT THAT PORTION DEEDED TO STANDARD OIL COMPANY, A CORPORATION ORGANIZED UNDER 7 0 THE LAWS OF INDIANA, RECORDED IN BOOK 1026, PAGE 160, OF THE RECORDS OF JEFFERSON ol C Y, OUN :4 L TION DEEDED TO THE AMERICAN OIL COMPANY, A C RPORATION DULY AND EXCEPT THAT POR 0 ffil /'N . . . ... ORGANIZED UNDER THE LAWS OF THE STATE OF MARYLAND, RECORDED IN BOOK 2024, PAGE . . ..... . .. .. . 347, R AND EXCEPT RIGHT OF WAY FOR WEST 38TH AVENUE, AND RIGUHT OF WAY FOR KIPLING STREET WHICH HAVE PREVIOUSLY BEEN GRANTED 10 THE COUNIY OF JEFFERSON, STATE OF COLORADO, (SURVEYOR'S SEAL) JAMES LYNCH, PLS No. 37933 AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE BY QUIT CLAIM DEED Lu Co FOR AND BEHALF OF AZTEC CONSULTANTS, INC RECORDED MARCH 29, 1989 AT RECEPTION NO. 89026317, ei �3 0 0,R 60 AND EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF WHEAT RIDGE BY WARRANTY DEEDS ai a 4 000 U. RECORDED JULY 23, 1999 AT RECEPTION NOS. F0913893 AND F0913895. 95. 2 COUNTY OF JEFFERSON, STATE OF COLORADO. q Ci .9 OWNER'S CERTIFICATE PARCEL 2: 5 THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AQk,,E THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED A TRACT OF LAND LYING IN THE S.E, 0 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST mu m �0 M""f p DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS CONTAINED IN Ai .ffi OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUPITY OF JEFFERSON, STATE OF THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THt,,,' ... ..... . . COLORADO, DESCRIBED AS; THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS OUTLINE VICINITY MAP COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE EAST 112 OF THE DEVELOPMENT PLAN, DOES NOT CREXIE A VESTED PROPERTY RIGHT. VESTED PROPERTY RICH PIS,, 0 -.f MAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROVISIONS OF SECTION 26-121 OF THE SCALE: 1 "=750' SOUTHEAST 0 OF THE SOUTHEAST 0 OF SAID SECTION 21; WHEAT RIDGE CODE OF LAWS. THENCE NORTHERLY ALONG THE EAST LINE OF THE SAID WEST 1/2 A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT LYING ON THE NORTH RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE NORTHERLY ALONG THE EAST UNE OF THE SAID WEST 1/2 A DISTANCE OF 296.4 FEET; THENCE ON A DEFLECTION LEFT 99'30', A DISTANCE OF 20.28, FEET. HEATHER PERSONNE, PRINCIPAL, EVERGREEN TO A POINT WHICH LIES 20 FEET WEST OF THE CAST LINE OF THE SAID WEST 1/2; THENCE CHARACTER OF DEVELOPMENT CASE HISTORY (WITH APPLICABLE LAND 0SE CASE NUMBERS) SOUTHERLY PARALLEL TO THE SAID EAST LINE OF THE WEST 112 A DISTANCE OF 293.0 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 38TH AVENUE; STATE OF ARIZONA THIS GOP ACCOMPANIES THE REZONING OF THE PROPERTY LOCATED AT 3865 KIPLING STREET AT THE THE SUBJECT PROPERTY IS A SINGLE LARGE PARCEL THAT. 15 99,361 SQUARE FEET (2.2 THENCE EASTERLY A DISTANCE OF 20 FEET ALONG THE SAID NORTHERLY RIGHT OF WAY LINE SS NORTHWEST CORNER OF KIPLING STREET AND WEST 38TH AVENUE CONSISTING OF TWO PARCELS, FROM ACRES) AND IS CURRENTLY OCCUPIED BY TWO STORAGr BARNS. THE PROPERTY HAS BEEN OF WEST 38TH AVENUE TO THE TRUE POINT OF BEGINNING. COUNTY OF MARICOPA RESIDENTIAL -I (R-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) IN ORDER TO ALLOW FOR A OWNED FRANKLIN AND LISA DENNING SINCE 1979. IN 19'89, A PIECE OF THE CORNER NEIGHBORHOOD RESTAURANT WITH A PROPOSED LOCATION ON THf_ SOUTHWEST CORNER OF THE PROPERTY AND PROPERTY WAS SUBDIVIDED TO ALLOW THE GAS STATION AT THE CORNER OF WEST 38TH COUNTY OF JEFFERSON, STATE OF COLORADO. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS A RETAIL DEVELOPMENT PAD SITEf,,ON THE NORTHEAST CORNER Of THE PROPERTY. THE SUBJECT PROPERTY IS AVENUE AND KIPLING STREET. THIS ACTION WAS APPROVED: PER CASE NUMBER MS -89-01. FOR INFORMATIONAL PURPOSES ONLY: APN - 39-214-00-029 COMPRISED OF TWO PARCELS THAT TOTAL 99,482 SQUARE FEET (2.284 ACRES) AND IS CURRENTLY OCCUPIED CONCURRENTLY IN 1989, THE GAS STATION LOT WAS RUONED TO FROM R-1 TO C-1 AND A DAY OF A.D. 20 BY WITNESS MY HAND AND OFFICIAL SEAL. BY,TWO STORAGE BARNS� SPECIAL USE PERMIT (SUP) WAS APPROVED PER CASE NUM ER WZ-8 - 1 THE REMANNG a q 0 1 1 .......... . .. �-PORTION OF THE DENNING �PROPERTYr,_HAS� NEVER �BELN PLATTZO, ROPOSED FOR A KN BAKERY & CAFE. THE TYPICAL OWNER/DEVELOPER MY COMMISSION EXPIRES: KNEADERS FOOTPRINT IS 3,669 SF, WITH ANCILLARY PARKING ANU A DRIVE-THRU WINDOW FOR TO -GO ORDERS. KNEADERS HAS MORE THAN 50 YEARS OF EXPERIENCE IN THE CULINARY INDUSTRY. FOCUSED ON ADJACENT TO THE SUBJECT PROPERTY IS A NARROW STRIP OF LAND OWNED BY THE DENNING'S I EVERGREEN, DEVELOPMENT SERVICES INVESTMENTS ITALIAN HEARTH BAKING FOR THEIR MENU OF SANDWICHES, SOUP -5 AND SALADS, KNEADERS HAS SUCCESSFULLY WITH PIN: 39-214-00-029. THIS STRIP OF LAND ALIal�S WITH ACCESS TO THE KIPLING RIDGE 2390, EAST CAMELBACK ROAD, SUITE 410 EXPANDED TO REACH $39.5 MILLION IN REVENUE WITH 22 LOCATIONS IN 2012. WHEAT RIDGE WIL ' L BE ONE OF DEVELOPMENT TO THE SOUTH. THIS STRIP OF LAND WA:63 D'EEDED OVER TO THE DENNING'S BY PHOENIX, ARIZONA 85016 fik NOTARY PUBLIC THE FIRST METRO DENVER LOCATIONS FOR KNEADERS FOLLOWING THEIR SUCCESSFUL MARKET OPENING IN THE CITY WHEN IT ACQUIRED LAND FROM THE PROPERTY OWNER SURROUNDING LENA GULCH IN TEL: (602) 808-8600 �'a-APVPP AT WIN qTPFFT k PAPVF7P PnAn PI FAqF qFF ATTAr.Hrr PRESS KIT FOR ADDITIONAL INFORMATION 1 QRF An.[Ar.FMT Tn THI'; OTRip nF I ANn nN THF WF�,T l�� TWr' IA[WrAT DinC-'r nrNITAI noni 10 11�11.11_ ..�111 -11 L 1 1 "TO �ACCOMMODATE DEVEI OPMENT OF THE USES, THE APPLICANT N PROPUSING A DRIVL-IHHU UN HUIH THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE. SPECIFIC DEVELOPMENT IN TO ALLOW FLEXIBILITY ON THE SITE, THE APPLICANT 15 PROPOSING TO REZONE THE PROPERTY ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED THIS DOCUMENT. OAS A RESULT, A SPECIFIC DEVELOPMENT PLAN MUST BE SUBMITTED AND OM RESIDENTIAL -ONE, WHICH ALLOWS ONLY SINGLE FAMILY HOMES, TO PLANNED COMMERCIAL DEVELOPMENT IDE THE PROPERTY APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF A RIGHT-OF-WAY OR :CD)� TO ACCOMMODATE THE TWO 'USES THE APPLICANT IS ALSO PROPOSING TO SUBDIV ALLOWED USES WITO TWO SEPARATE PARCELS. BUILDING PERMIT APPLICATION AND ANY SUBSEQUENT SITE DEVELOPMENT THE ACCESS, TRAFFIC PATTERNS AND IMPACT OF THE REQUESTED RE -ZONE HAVE BEEN ANALYZED VIA THE ALL USES ALLOWED IN THE C -I ZONE DISTRICT ARE PERMITTED AS A USE BY RIGH1 z APPENDING TRAFFIC STUDY REPORT, WE ARE PROPOSING TWO AcCESS POINTS TO THE OVERALL DEVELOPMENT ANCILLARY DRIVE THRUS ARE ALLOWED FOR RESTAURANT AND RETAIL USES. SITE, NORTHERN ACCESS WILL BE FROM A CURVED DRIVE, JUST WEST OF THE INTERSECTION OF WEST 39TH AVENUE AND KIPLING STREET ONTO WEST 39TH AVENUE. WE PROPOSE FULL TURNING MOVEMENTS ONTO WEST 39TH AVENUE. PROPOSED ACCESS TO THE SOUTHERN PORTION OF THE SITE WOULD BE FROM AN INTERNAL COUNTY CLERK AND RECORDERS CERTIFICATE DRIVE THAT ALIGNS WITH THE NEWLY PROPOSED CENTER SOUTH OF THIS PROPERTY. THE TWO ACCESS POINTS ARE CRITICAL TO THE SUCCESS AND VIABILITY OF THE PROJECT. STATE OF COLORADO SS THE DEVELOPMENT SHALL MAINTAIN A CONSISTENT THEME THROUGH THE USE OF BUILDING DESIGN, MATERIALS SITE DATA TABLE COUNTY OF JEFFERSON AND FEATURES. BUILDING DESIGN WITHIN THIS DEVELOPMENT SHOULU 1-UNIA114 NUITHUANI 11NIUNC-01, LrVE-L Or DETAIL AND HUMAN SCALE. WHERE THESE ELEMENTS ARE ALREADY ON ADJACENT BUILDINGS, ARCHITECTURE SHOULD BE CONSISTENT WITH SURROUNDING BUILDINGS. BUILDINGS SHOULD UTILIZE HIGH-QUALITY, DURABLE I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND MATERIALS THAT CREATE VISUAL INTEREST AND GIVE 80ILDINGS A HUMAN SCALE. ACCEPTABLE MATERIALS SHALL INCLUDE, BUT ARE NOT LIMITED TO: BRICK, STONE, INTEGRAL COLORED TEXTURED CONCRETE BLOCK, RECORDER OF JEFFERSON COUNTY XF GOLDEN, COLORADO, AT O'CLOCK — M.. -CO A. BUILDING F -1URES SHALL HARD COAT STUCCO, SYNTHETIC BRICK AND MASONRY MATERIALS AND TERRA TT EA& MAX. LOT COVERAGE 80% MIN. LANSCAPE COVERAGE 20%: MIN. PERIMETER SETBACKS 6162 S. WILLOW DRIVE, SUITE 320 TEN (10) FEET MAX. BUILDING HEIGHT GREENWOOD VILLAGE, COLORADO 80111 FIFrY (50) FEET STRENGTHEN THE OVERALL DEVELOPMENT THEME THROUGH THE USE OF FAQADE ARTICULATION AND VARIATION. ,z ON THE DAY OF 2015 A.D,, IN THE PRIMARY ENTRY TO EACH BUILDING SHALL BE HIGHLIGHTED IN A MANNER THAT EMPHASIZES THE POINT OF ENTRY. BOOK —, PAGE RECEPTION NO. THE PLANNED DEVELOPMENT IS DESIGNED TO A MINIMAL IMPACT ON PUBLIC FACILITIES AND SERVICES, SUCH AS FIRE, POLICE, WATER, SANITATION, ROADWAYS, PARKS, SCHOOL% ETC. FUTURE DEVELOPMENT WILL BE IN JEFFERSON COUNTY CLERK AND RECORDER CONFORMANCE WITH THE CITYS POLICIES AND CONTRIBUTE TO THE VIBRANCY OF THE AREA. BY: DEPUTY STANDARD NOTES (UNLESS MODIFIED BY THE PLANNED DEVELOPMENT) .... .. . ........ ...... . ... ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION 26-501 OF THE WHEAT Rll)�E CITY CERTIFICATION PLANNING COMMISSION CERTIFICATION CODE OF LAWS, APPROVED THIS DAY OF, 2015 RECOMMENDED FOR APPROVAL THIS DAY OF ALL LANDSCAPING SHALL BE IN CONFORMANCE WITH SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS. BY THE WHEAT RIDGE CITY COUNCIL. BY THE WHEAT RIDGE PLANNING COMMISSION. ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26-50 OF THE WHEAT RIDGE CODE OF LAWS. ATTEST: ALL FENCING SHALL HE IN CONFORMANCE WITH SECTION 26-603 OF THE WHEAT Ril)-,�� CHAIRPERSON CODE OF LAWS. ALL SIGNAGE SHALL, BE IN CONFORMANCE WITH ARTICLE VII OF THE WHEAT RIDGE COU OF LAWS. CITY CLERK MAYOR ARCHITECTURAL, SITE, AND STREETSCAPE DESIGN SHALL BE IN CONFORMANCE WITH THE ARCHITECTURAL AND SITE DESIGN MANUAL (ASDM) AND STREETSCAPE DESIGN MANUAL. COMMUNITY DEVELOPMENT DIRECTOR .. ....... . GALLOWAY & COMPANY, INC. 6162 S. WILLOW DRIVE, SUITE 320 GREENWOOD VILLAGE, COLORADO 80111 TEL: (303) 770-8884 z FAX: (303) 770-3636 CONTACT: NATHAN ABBOTT EMAIL: NothanAbbott@Gallow4nyUS.com J 0. SURVEYOR z 0 0 w < AZTEC CONSULTANTS UJI w 300 EAST MINERAL AVE,, SUITE 1 LITTLETON, COLORADO 0. 0 80122 0 FAX: (303) 713-1897 0 CONTACT: JIM LYNCH Z Lj WWW.AZTECCONSULTANTS.COM yx w 00 SHEET INDEX LLJ z DESCRIPTION SHEET NUMBER TITLE PAGE ODP -1 PRELIMINARY SITE PLAN ODP -2 0 r Project No: ED1000011 Sheet Scale: 1 �=50' Designed By: NMA Drown By: RDG Dote: JANUARY 2015 Disk File: ED116-ODP-1 -Title TRE PAGE Z:rl - ",C�r ODP -1 4: a ZONED C-1 Ph N I L 9 1 I WHEAT RIDGE i € DENTAL GROUP �� -:: `.' .;: "•� .....,.,:. - ; i '1 l i � CEL S89'12'34°W 750,P7' ZONED C-1 i s N !W— Q I ry tf YS.., •;� ' a i p M N , I e `z 1 r r ... ....s a. m it 0 om zTF z z w 0 O Q 0 O -f7 N O W zz o z a C�i w 0 z ZONED C-1 Ph N I L 9 1 I WHEAT RIDGE i € DENTAL GROUP �� -:: `.' .;: "•� .....,.,:. - ; i '1 l i � CEL S89'12'34°W 750,P7' ZONED C-1 i ryry ,_.tel. x ryry ,_.tel. x fi ry tf YS.., •;� ' a i k , e 1 r ... ....s a. f City of S WhatjR*, d e COMMUNITY DEVELOPMENT 4�g City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, Co 80033-8001 P: 303.235.2846 F: 303.235.2857 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, Andrew Call , as Development Manager of/with _Evergreen Devco (Print name) (Position/Job Title) (Entity applying for permidapproval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for Re -development of 38th & Kipling (Describe type of application) ,set for public hearing on TBD , 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. � © 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 14 day of November , 201 A November 18, 2014 Dear City of Wheat Ridge: As Owner of the property at 3865 Mpling Street, I authorize Evergreen Development and consent to the filing of this application for the rezoning of the property. We acknowledge that the final approval will be determined by the City of Wheat Ridge. Sincerely, ra klin D Denni g Jr. Li a . Denning 14700 W 82nd Avenue Arvada, CO 80005 !» Irl. F0913894 7/23/1999 14:12:46 PG: 001-001 PAM FEE: 5.00 DOC.FEE: 0.00 11 Location: Vacant land f Wheat Ridge, Colorado J V1'ARRA�, j y HEED WITNESSETH THAT The City of Wheat RkI e, whose address is 7500 West 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado, 80033, herein after K acr— as `•City^,for the consideration of other real property and / l the Trail Easement Resen2tion" which is described below, does hereby grant, bargain, sell and convey to Franklin D. Denning Jr. and Lisa M Denning, herein after known as'rnamee-, the following real property situate, lying and being in the City of Wheat Ridge, County of Jcffctson, State of Colorado. to wit A tract of land lying in the S.E, y, of Section 21, Toayship 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West % of the East % of the Southeast ? , of the Southeast !4 of said section 21; Thence Northerly along the East line ofthe said %'k7est i a distance of 3o feet to the True Point ofBeginning. Said point lying on the North Right of Way line of Brest 3814 Avenue. Thence Northerly along the East line of the ce of 296.4 feet Thence on a 1 a point avhi h id lies 20 Y2 a feeetest f the Fast line f the said Wes1�-Thence Souther yparallel tostance 0thesfeet. To aid East IUJ line of the West 'h a distance of 293.0 feet moa or less to a point on the Northerly Right of Way line of West 38`" Avenue. Thence Easterly a distance of20 feet along the said Northerly Right of Way line of West >- 38°i Avenue to the True Point of Beginning. Said tract containing 5.894 square feet, more or less v t1! LU Also Imown by street and number as: vacant land, Wheat Ridge, Co., 80033. i With all its appurtenances, and warrant the title to the same subject to easements, rights of way and restrictions of record, if any, , Signed this ,�p& day 1999. Attest �_I Wanda Sang, City Cle STATE OF COLORADO ) ) SS. C'OUNn' OF JEFFERSON ) I #mrcch veny., Mayor The foregoing instrument was acknowledged before me this;2 day of L4" -F , 1999, by the Mayor and the Clerk of The City of Wheat Ridge 7— Cit My commission expires: Witness my hand and official seal. .'sub Notary Public t • •' . 7500 WEST 291h AV�vTLJE is sI ...v;: ,- "N!-IEAT RIDGE, COLORADO 80215-6713 41 •.;:%tea; ";• •.� �4,��`'�',r The drafirr of this description is John P. -McGuire, prepared on behalf of the City of Wheat Ridge, 7500 W. 29th Ave., Wheat Ridge, Colorado, 80215-6713 and isnot to be construed as representing a monumented land survey. IMM 01 r0. F0913894 7/23/1999 14:12:46 PG: 001-001 PAGE FEE: 5.00 DDC.FEE: 0.00 Location: Vacant land Wheat Ridge, Colorado WARRANTY DEED NVITNESSETH THAT The City of Wheat Rldge, whose address is 7500 West 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado, 80033, herein after Known as "City",for the consideration of other real property and the "Trail Easement Reservation' which is described below, does hereby grant, bargain, sell and convey to Franklin D. Denning Jr. and Lisa M. Denning, herein afterknown as "Grantee", the following real property situate, lying and being in the City of Wheat Ridge, County of Jefferson, State of Colorado, to wit A tract of land lying in the S.E. % of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West %: of the East % of the Southeast '/a of the Southeast '/, of said section 21; Thence Northerly alongthe East line of the said West 1/2 a distance of 30 feet to the True Point ofBeginning. Said point lying on the North Right of Way line of West 38`fi Avenue. Thence Northerly along the East line of the said West A a distance of 296.4 feet. Thence on a deflection left 99°30', a distance of 20.28 feet. To a point which lies 20 feet west of the East line of the said West Y�. Thence Southerly parallel to the said East line of the West''/, a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of i West 38`t' Avenue. Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West > 38' Avenue to the True Point of Beginning. Said tract containing 5,894 square feet, more or less. CV Also known by street and number as: vacant land, Wheat Ridge, Co., 80033. With all its appurtenances, and warrant the title to the same subject to easements, rights of way and restrictions of record, if any. Signed this �&& day o 1999. Attest Wanda Sang, City le STATE OF COLORADO ) ) SS. COUNTY OF JEFFERSON ) re _ea Cerveny.,,�'layor L The foregoing instrument was acknowledged before me this -2 day of 1999, by the Mayor and the Cin, Clerk of Thy City of Wheat Ridge. 7 My commission expires: /,;- 3_:10 5—L_ Witness my hand and official seal. Notary Public ��. 7500 WEST 29th AVENI.TE txs APq;... WHEAT RIDGE, COLORADO 80215-6713 A. a The drafter o this description is John P. McGuire, prepared on behalf of the City of Wheat Ridge, 7500 W. 29th Ave., Wheat Ridge, Colorado, 80215-6713 and is not to be construed as representing a monumented Iand survey. r tm 14's Recorded at o'clock_M., Reception No THIS DEED, Made this 5th day of February 1986 between DEBRA S. UMBERGER ofthe County of Jefferson and state of Colorado, of the first part, and FRANKLIN D. DENNING, JR. and LISA M. DENNING, as joing tenants with right of survivorship whose legal address is 10135 W. 38th Avenue, Wheat Ridge, CO RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 86016132 02/14/86 -)1;5D- - b. ofthe County of Jefferson and state of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN AND OTHER GOOD AND VALUABLE CON SIDERATION----------__ --DOLLAR to the said part y of the first part In hand paid by the said part ies of the second part, the receipt where Is hereby confessed and acknowledged, he s remised, released, sold, conveyed and QUIT CLAIMED, and by thei presents do esremise, release, sell, convey and QUIT CLAIM unto the sold part ieEpf the second part, theirheir successors and assigns, forever, all the right, title, Interest. claim and demand which the said part y of the Ont pass has in and to the iollowine described lot or parcel of land situate, lying and being in the of Jefferson and Stats of Colorado, to wit: Count SEE EXHIBIT "A" ATTACHED HERETO. NO DOCUMENTARY FEE REQUIRED SINCE DEED GIVEN PURSUANT TO SETTLEMENT OF PROBATE COURT CASE NO. 83 -FR -321 IN JEFFERSON COUNTY, COLORADO alsoknown ■sstreet and number 3865 Kipling Street 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 said part y of the first part, either In law or equity, to the only proper use, benefit and behoof of the said part iebf the second part, theikeirs and assigns forever. IN WITNESS WHEREOF, The said part y of the first part ho s hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered In the Presence of i(2!i tt SEALI SEALI SEAL) STATE OF COLORADO, SEAL) r aa. City and county of Denver J The foregoing instrument was acknowledged before me this 5th day of F It 86by* DEBRA S, UMBERGER February oP."41 i%!Isslon expires D '14V. Witness my hand and official seal. .,Y,Up Ulh i„ c� • � �-0-0-0• S � 3/� `� !c%. Z � �' .�. weu<.rrasa.. QufruLAIM RED, Rndl,vJ1'uhli.hin,.!Y,!a',MhA,c.. RECEPTION NO. 86016132 I i to,'7f , '+Cs i '�d�• K` That art of the E E EySEy P � � of Section 21, Township 3 South, Range 69 Wes t;' Described as follows: Beginning at the Southeast corner of said Section; A;+• running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of id hEkSE;SE4 of said Section, which point is 600 feet North of South line of aiE Section; running thence along West line of said E�VjSEhSEh to South line of .� sad_Section; running thence East along South line of said Section to place of ` beginning; together with all water and ditch, reservoir rights including an un- i.vided 2/5 interest in Schroeder Ditch and all interest in Arapahoe Creek; to- ' gether with,all improvements situate thereon. Except that portion deeded to ,£ Standard Oil Company, a corporation organized under the laws of Indiana, recorded. .`i n. Book 1026, Page 160, of the records of Jefferson County, and except that portion deeded to The American Oil Company, a corporation duly organized under the laws..: w , of the State of Maryland, recorded in Book 2024, Page 347, of the records of Jefferson County, and except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado. 2 EXHIBIT "A" r ••moi N Case No. MS1502 Date Received 4/29/2015 Related Cases WZ1501 Case Planner Recket Case Descriptior-2-lot minor subdivision KIPLING CDBO11688 AMOUNT App7icar7f /nferma/wn 928.88 PAYMENT RECEIVED AMOUNT Name Evergreen Devco Name Andrew Call Phone (602) 808-8600 Address 1873 S. Bellaire St., #1106 City Denver Stale CO Zip 80222- 17wr, er ln7ermafion Flame Franklin D Denning Name Lisa Denning Phone Address '3865 Kipling St. City Wheat Ridge State CO Zip 80033- Cor. fac/ /nl'nvmaAA7n Name Andrew Call Name Phone (623) 523.3943 Address 2390 E. Camelback 4410 City Phoenix State AZ Zip 85016- 7'refecf 71..1ofma/ion Address 3865 Street Kipling St. City Wheat Ridge Slate CO Zip 80033 Location Description Project Name Parcel No Qtr Section District No Parcel No. 3921400029 Qtr Section: SE21 District No.: III 3921400029SE21 3 ,_ fieviewr Pre -App Date 6/5/2014 Neighborhood Meeting Date 7/16/2014 App No: APP1426 Review Type Review Body Review Date Disposition Comments Report Review ❑ Admin . r�� ✓ Dirpori/i— Case Disposition Disposition Date Conditions of Approval Res # Ord st . Notes j Status Open Storage: City of Wheat Ridge 64/29/2815 18:25 CD9G EVERGREEN DEVCO/NW CORNER 38TH & KIPLING CDBO11688 AMOUNT FMSD ZONING APPLICATION FEES 928.88 PAYMENT RECEIVED AMOUNT VS / 0636 928.88 AUTH CODE: 05337C TOTAL 920.08 City of ]qrWh6atRjdgye 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 �J ( F OQ,ti Address 23gQ (_ • C �!� �(/� Phone ( -�jDY4600 City G%ho II State A 7— Zip SO l�_ Fax Owner_ �ro ,�� cir �tn,K.,�..r (; t4,,,;,`Address L-, Sfi Phone City Lam' ZAAn State 2ip oCS]> Fax Contact A(ttJ Address Phone 23-523-31'13 City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application. provide additional information when necessary. post public hearing signs. will receive a copy of the staff report prior to Public Hearing. and shall be responsible tier forwarding all verbal and written communication to applicant and owner.) TC Location of request (address): k)LJC SS 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 O 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: Required information: 4 Assessors Parcel Number: t - 21LI 02 ( Size of Lot (acres or square footage): 2 ac, -a, Current Zoning:_? -I Proposed Zoning: PC D Current Use: V&4. '� Proposed Use: C � ,�vet` I / certifi7 that the i» fat•maiion and exhibits herewith submitted are !t-ue and correct 10 the best of my knowledge and that in filing this application. / am acting with the know/edge and consent of those persons listed above. wilhout +al ose •ot if the requested action cannot /cnrf d/v be accomplished. Applicants other than owners mast submit power -of- rnet ft au !h wne • d " t proved of this action on his behalf. Notarized Signature of Applicant State of Colorado- County of LWR4" } ss KIM WAGGONER NOTARY PUBLIC The foregoingtnstrwnent (Land Use Processing Application) was acknowledged STATE OF COLORADO by me this day of 20� by � `I NOUN ID 20134045648 C� ' Comrn"ion Fjoms 07/18/2017 YA Nota Public My commission expire /A/20jJ To be filled outub stff: p� ^ A, r Date received -` �� �' Fee $ t �'V Receipt No. ` �J� 00(l bgJ Case No. A5 (J O1q / Comp Plan Design. 7_oning Quarter Section Njap Related Case No. Pre -App Mtg. Date lots uffCase Manager. 1