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MS-16-02
A s � -� City of W heat Ridge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. June 21, 2016 Mr. Jerry W. Davidson, P.E. Perception Design Group, Inc. 6901 S. Pierce Street, Ste. 350 Littleton, CO 80128 303.232.8088 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: Eighth Submittal of the Final Drainage Report & Plan and Civil Construction Plans for the proposed Wheat Ridge Animal Hospital, Case# WZ-15-09. Dear Mr. Davidson, I have completed the eighth review above referenced documents received by Public Works on June 20, 2016, for the proposed commercial development at the property located at 10163 W. 43`d Avenue. This letter is to inform you that all civil engineering documents for this development have been reviewed and are hereby approved for construction by the Department of Public Works: Please be aware of the following items regarding the construction of the project: Right -of -Way Construction Permit(s)/Licensing a. ROW Permits. Prior to any construction within the public right-of-way (ROW), the necessary Right - of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications. b. Licensing. All work within the public Right -of -Way shall only be performed by a municipally - licensed contractor. 2. Public Improvement Restoration/Debris Tracking It will be the responsibility of the contractor for the project to repair any damage to the existing public improvements along W. 44`h Avenue and West 43`d Avenue as a direct result of related construction traffic. Also, the contractor will be responsible for maintaining all affected roadways on a regular basis such that they remain free of construction debris and tracking from construction traffic accessing the site. 3. Drainage Certification/ Stormwater Maintenance Agreement and O & M Plan: Please note the following items required prior to the issuance of the Certificate of Occupancy for the Subdivision: a. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items were constructed per the approved civil engineering documents. The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter as required by the Municipal Code of Laws. b. Stormwater Maintenance Agreement and O & M Plan: All post -construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per www.ci.wheatridge.co.us Public Works Engineering June 21, 2016 Page 2 Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For stormwater quality facilities including, but not limited to, above -ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stormcepter®, hydrodynamic separation systems such as a Contech Vortechs®, or for any other approved post - construction BMP, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Schedule/Log shall be required prior to issuance of the Certificate of Occupancy. The O & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. 4. Materials Testing for any Construction within the Public Right -of -Way It will be the responsibility of the developer/owner, to provide the necessary testing, as applicable for the scope of this project, for sub -grade compaction and other related material tests for any improvements to be constructed within the public Right -of -Way. (SEE ATTACHED MATERIAL SAMPLING & TESTING REQUIREMENTS) The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman. P.L.S. Development Review Engineer/ City Surveyor 303.235.2864 dbrossman(i—i)ci.wheatridi!e.co.us CC: Steve Nguyen, Engineering Manager Russ Higgins, Field Services Supervisor Meredith Reckert, Senior Planner File wwm xi.wheatridge.co.us 10163 W43rdAve_WheatRidgeAnimalHospital-approval.ltr.docx City of 3�KOMAMUNITY `J�Iheat k die DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 May 12, 2016 Eileen Moore Koenigsberg Studio DH Architecture 1300 Jackson Street Golden, CO 80401 Dear Ms. Koenigsberg: This letter is in regard to an application filed for approval of a consolidation plat for properties located at 10163 W. 43rd Avenue, 10173 West 43rd Avenue and 10140 W. 44`h Avenue. . The application has been reviewed and the following are comments regarding the first submittal. SHEET ONE 1. Retitle the first line of the document to read: "Wheat Ridge Animal Hospital Consolidation Plat" 2. In the dedicatory language, correct the document name to be consistent with above. 3. In the dedicatory statement, designate Donald D. Ostwald as the owner signing the document. 4. In the Area Table, correct the spelling of "amendent". 5. Add a note designating the zoning on the property as C-1 and PCD. 6. Add adjacent zoning onto the graphic. 7. The new lot title should be shown as Lot 1 of the Wheat Ridge Animal Hospital Consolidation plat. 8. Add a case history box with the following case numbers: WZ-93-07, WZ-99-16, WZ-06-06, WZ-15-09 and MS -16-02. 9. Remove the Planning Commission certification block as this will be an administrative approval. 10. Insert the plat name in the Surveyor's Certificate. Attached are referrals received from other city departments and outside agencies regarding the planned building group. Arvada Fire Protection District: See attached letter from Kevin Ferry dated May 4, 2016. Fruitdale Sanitation District. See letter from Bill Willis dated May 9, 2016. Valley Water District: See attached letter from Kathy Kadnuck dated April 29, 2016. Wheat Ridge Economic Development: See attached email from Steve Art dated April 28, 2016. Wheat Ridge Public Works: See attached letter from Dave Brossman dated May 17, 2016. Xcel Energy: See attached letter from Donna George dated May 11, 2016. 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 the changes have been made, please submit one full sized copy of the plat and one copy of the technical documents (if required) with electronic copies for all in a PDF format. 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 a) Em c fU = £ Q N a za F- a a I tld a'-- z � ! T--` ,_ - t - - -.a& o o IO a aj P i # hft , ;E� y Islr.« .4, _ z OYtgF Z O yk @ t P:f 44 ..s.—"`°i----__�•2,�t.,lr2�:.ti..o. s fr J H 0 Q J U J W W Oit�,. I r ifg Y eE' i_ �€ m z 0 L2 x , z O epa+! li !{tag n y _ LIJ W �z� W~ Z w " z d W O W a.: � p 0. tOO = i3z �k ' St 0O Z 6` yP of J -^,4,S•\.r--� le.. Gt' _§y I�: Q � w F- w' z , taa�w�p a;' e J Z '� O a o �L q Y k b 4 A k� A s ei• .- '''� - f�L {S* '3RD �S�47g b Q O x N 9 p ai x: 4i: s si., =sE 1 C I(; -- [7 • I'� I �it1ox(n3 1Q—e�as.>:, ZQ � Z Z t= E i9i1B89�si sEsx � +==otulllm• IO w I tiR W,Z x OH�9j33 593^3x3.35' S tz 0¢ w LL r�Oy (n d U a E 6 R b b E a :y W O h R R 4 w W a ID c c 7E s• — ' lit ga nYp[�� pp�? Q°e � S My] Xh� Lf es�ieB •66 �° sgYna a 7 C� b�va• 5�� 1 r � amp` a�rp �pq0 i . _ o c .+moo•°. o �°, y ! 9 i n !9r n7, - a aj P i # hft , e a � fi � a: 30 • a c 43 a.e Fi y � 0 Y g r f l0 4; is epa+! s�kp s en,4 t14 tF �pja[[!Yy• }y 111 ka aia �, i5r pi y s 8eiiz sp g i-�5G ar4i t;9 £a E �) r � amp` a�rp �pq0 i . _ o c .+moo•°. o �°, y City of " Wheat Midge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29" Ave. May 17, 2016 Mr. Jerry W. Davidson, P.E. Perception Design Group, Inc. 6901 S. Pierce Street, Ste. 350 Littleton, CO 80128 303.232.8088 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: Fourth Review Comments of the Final Drainage Report & Plan and First Review of the Civil Construction Plans and Final Plat, for the proposed Wheat Ridge Animal Hospital, Case# WZ-15-09. Dear Mr. Davidson, I have completed the review of the above referenced documents received by Public Works on April 28, 2016, for the proposed commercial development at the property located at 10163 W. 43`d Avenue, and I have the following comments: PLANNING & ZONING: Final Plat: 1. The plat is far too busy for one, single sheet. Split the information up into two sheets, each containing something as follows: a. Sheet 1: Needs to contain the Legal Description, the notes, the vicinity map (enlarged), and all certification blocks. b. Sheet 2: Needs to contain the graphical portion showing all easements, the existing ones to remain and those to be extinguished, all proposed easements, and all lot lines to be removed. Now that you have the whole sheet to work with can also likely enlarge the drawing to a 30 -scale rather than the current 40 -scale for better clarity. Also include any enlarged details on this sheet. 2. Globally, replace all calls to the City of "Wheatridge" to the City of Wheat Ridge. (Wheat Ridge is two words). Also, please provide a full-size (24" x 36") PDF of the plat with the next submittal. 3. The current plat title is note very good. Public Works suggests renaming it to something like "Wheat Ridge Animal Hospital Consolidation" 4. Since this is a consolidation plat, please include the name of the consolidated lot: "LOT 1, WHEAT RIDGE ANIMAL HOSPITAL CONSOLIDATION". 5. The subtitle should include the words "A Consolidation Plat of Lots 1 and 2 of..." to indicate to the reader this is a consolidation plat. 6. The following comments pertain to the Legal Description: a. The area shall be shown to the nearest square foot (as it currently is) AND the acreage must be expressed to four (4) decimal places (it is currently shown to only three decimal places). www.ci.wheatridge.eo.us Public Works Engineering May 17, 2016 Page 2 b. The first bearing in the section tie (the 3'd paragraph) states the bearing along the south line of the NE quarter as being N89°35' 13"E, while the graphical portion shows this line as being N89035' 15"E. (FYI the City -based bearing for this line is N89035' 13"E). c. Please modify the name of the subdivision to match the revised plat title in the last paragraph. 7. Please add the Case History Box and the number MS -16-02. 8. All easements that are no longer needed or wanted must be identified on the graphical portion as "EASEMENT HEREBY REMOVED BY THIS PLAT". 9. The following Note shall be added to Sheet 1: a. ALL EASEMENTS IDENTIFIED HEREIN AS "EASEMENT HEREBY REMOVED BY THIS PLAT" ARE HEREBY REMOVED, TERMINATED, AND EXTINGUISHED UPON THE RECORDATION OF THIS PLAT AT THE JEFFERSON COUNTY CLERK & RECORDER'S OFFICE. 10. The bearings and distance for the section tie must be darkened should be darkened as they are the ties between the Point of Commencement and Point of Beginning in the Legal Description.. 11. There seems to be a handful of extraneous text that needs to be replaced with the current Wheat Ridge Zoning and subdivision information for adjoining properties. If the adjoiner has not been subdivided then show as "UNPLATTED". 12. There are a couple of bearings along the platted boundary that don't match the Legal Description (please refer to redlined plat). 13. Please replace the term "City -Based Monument" with "City of Wheat Ridge Monument" in Note #2 (Basis of Bearings). CIVIL ENGINEERING: Final Drainage Report (Discussion): 1. The following comments pertain to Section 4 C. Detention: a. In the first paragraph, please modify the sentence regarding the 6" underdrain to read, "A 6" perforated underdrain is proposed and will be connected to the existing public sewer system." b. In the second paragraph please add the word "full" as shown on the redlined page to indicate that the pond will utilize full infiltration. c. In the third paragraph: i. Provide the elevation where stormwater was encountered during the percolation tests and subsequent observations (refer the reader to the report from Kumar & Associates as needed). ii. State the anticipated vertical distance between the proposed bottom of the pond and the observed water table, and compare this with the City -standard 3 -foot minimum requirement. Keep in mind the City will allow slightly less than the 3 - foot minimum if the percolation rate is very high, which if the rate for this project is over 21 "/hr. would fall into (see comment iii. below). iii. The safety factor has been incorrectly calculated. The 20% safety factor will REDUCE the design infiltration rate to 21.82 inches/hour. The discharge rate of 0.84 CFS and the drain time of 1.69 hours will need to be adjusted accordingly. www.d.w hentridge.co. u s 10163 W43rdAve_WheatRidgeAnima]Hospital - Review-4.I1r.docx Public Works Engineering May 17, 2016 Page 3 Final Drainage Report (Appendix): 1. Need to redo the UDFCD Detention Volume by Modified FAA Method worksheet using the corrected discharge rate (using the reduced 20% safety factor). 2. The sheet containing the Infiltration Discharge Rate calculations shows the discharge rate as being 0.90 CFS, as opposed to the 0.84 CFS that appears in several other sections of the Report. Please verify the correct discharge rate using the 20% safety factor and that this value is consistently used throughout the Report. Final Drainage Plan: 1. Sheet 2 of 3 of the Final Drainage Plan shows the pond bottom elevation to be 62.00. The discussion in the Report states, and the cross-section C -C on Sheet 3 of 3 shows, the pond bottom elevation to be 63.00. Please be sure these all correspond to one another. 2. The following comments pertain to Sheet 3 of 3, Drainage Details: a. Cross -Section B -B appears to show the slope grading for the sand filter extending outside the boundary of the subject property and into the W. 43'd Avenue ROW. Be advised that no detention or drainage facilities shall be constructed within 2 feet of any property line. It appears from this cross section that the sand filter actually encroaches into the public ROW. b. Cross -Section C -C shows the (north) pond bottom elevation to be 62.00. Again, the Report states that the pond bottom is 63.00, but the plan view on Sheet 2 of 3 shows the pond bottom elevation is 62.00. Please be sure all of these elevations correspond to one another. Civil Construction Plans: Sheet C0.00 (Cover Sheet): 1. Please note that since the consolidation plat will likely be recorded prior to approval of these plans, the Legal Description should be changed to "LOT 1, WHEAT RIDGE ANIMAL HOSPITAL CONSOLIDATION". 2. Please add the following Note on this sheet: "21. NOTICE TO CONTRACTOR: IF MORE THAN THREE (3) STREET CUTS OCCUR WITHIN 250 LINEAR FEET, ADDITIONAL MILLING/OVERLAY REQUIREMENTS WILL APPLY. REFER TO THE TERMS OF THE CITY OF WHEAT RIDGE ROW CONSTRUCTION PERMIT (THAT MUST BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS, 303.235.2861, PRIOR TO COMMENCEMENT OF WORK)." Sheet C3.10 (Site Plan): 1. For ALL sheets, please remove the previous subdivision information (this will now be LOT 1, WHEAT RIDGE ANIMAL HOSPITAL CONSOLIDATION). 2. On keynote #3, replace the word "CURB" with the word SIDEWALK to directly correspond to the Detail on Sheet C9.11. 3. Public Works suggests a pedestrian connection be made to W. 43rd Avenue in the vicinity shown. (Only 1 parking spot would be eliminated). _Sheet C4.10 (Grading Plan): 1. Please identify the 100 -year floodplain limits. www.ci.wheatridge.co.us 10163 W43rdAve_WheatRidgeAnimalHospital - Review4.hr.docx Public Works Engineering May 17, 2016 Page 4 2. Note that a Class I Floodplain Permit shall be required to perform any work within the regulated floodplain. Sheet C6.10 (Utility Plan): 1. There is a callout to a "NEW DRAINAGE EASEMENT", but it's unclear what this is pointing to. If it is for the detention pond it should be should as "PROPOSED DETENTION EASEMENT" and the linetype needs to be something that can be seen. 2. Please identify the slotted pipe underdrain for the sand filter. Sheet C7.10 (Storm Sewer Plan & Profile): 1. Since the Class C material is not being used in the north pond, please modify this Notice as follows: "SUBSEQUENT TO EXCAVATION OF BOTH THE NORTH DETENTION FACILITY ("POND") AND THE SOUTH WQ FACILITY ("SAND FILTER"), AND IN THE CASE OF THE SAND FILTER PRIOR TO PLACEMENT OF THE CLASS C MATERIAL, THE BOTTOMS (NOT THE SIDES) SHALL BE SCARIFIED. THE TOP OF THE CLASS C MATERIAL FOR THE SAND FILTER AND THE NATIVE MATERIAL FOR THE POND BOTTOM SHALL BE AMENDED USING A MINIMUM OF 6" OF BIOLITE RAIN GARDEN GROWING MEDIA (970.284.6130 OR 970.284.6121), OR UDFCD APPROVED EQUIVALENT. NO HEAVY EQUIPMENT SHALL BE USED DURING THE AMENDMENT, AND THE CONTRACTOR SHALL CALL FOR A PUBLIC WORKS INSPECTION AT 303.235.2861 A MINIMUM OF 24 HOURS PRIOR TO COMMENCEMENT OF THE SOIL SCARIFICATION/AMENDMENT PROCEDURE." OTHER REOUIREMENTS: 1. CDPS Permit & Stormwater Management Plan: This site in general is greater than one acre in size and the area of disturbance will meet or exceed one (1) acre, so a Stormwater Management Plan (SWMP) associated with the required State CDPS Permit shall be submitted to the City of Wheat Ridge for review and approval. The SWMP must be approved by the City prior to issuance of any Demolition, Grading, or Building Permits. The CDPS Permit is generally obtained from the Colorado Department of Public Health and Environment by the contractor at time of Building Permit Application. A copy of the CDPS must accompany the final submittal of the SWMP. Please contact Bill LaRow, Stormwater Program Manager at 303.235.2871 for further information). It is highly recommended that the SWMP be submitted as soon as possible to avoid delays in the issuance of required Permits. 2. Drainage Certification/ Stormwater Maintenance Agreement and O & M Plan: Please note the following items required prior to the issuance of the Certificate of Occupancy: a. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items were constructed per the approved civil engineering documents. The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter as required by the Municipal Code of Laws. b. Stormwater Maintenance Agreement and O & M Plan: All post -construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the www.ci.wheatridge.co.us 10163 W43rdAve_WheatRidgeAnimalHospital - Review-Utcdocx Public Works Engineering May 17, 2016 Page 5 property owner(s) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For stormwater quality facilities including, but not limited to, above -ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stormcepter®, hydrodynamic separation systems such as a Contech Vortechs®, or for any other approved post -construction BMP, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Schedule/Log shall be required prior to issuance of the Certificate of Occupancy. The O & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. Please note that there are three (3) separate and distinct stormwater post BMPs on this site, and as such the O & M shall reflect maintenance requirements for ALL three of these. Please contact Bill LaRow, Stormwater Program Manager at 303.235.2871 for additional information. 3. Fees in Lieu of Construction: Public Improvements meeting the current standard six (6) foot detached sidewalk with a six (6) foot amenity zone are required for all new development and redevelopment projects along commercial corridors such as W. 44'h Avenue. The existing Public improvements along the West 44th Avenue frontage of the subject property do not meet the current standards. As such, the current standard improvements shall be required to be either constructed with this project or fees may be taken in lieu of construction. Since the design for the eastbound approach to the Kipling Street intersection is not yet complete, the Public Works Department recommends fees be taken in lieu of construction. Fees in the amount of $4,597 are required for the detached 6' sidewalk only (existing curbing will remain). The fees will be due prior to prior to the recordation of the approved Final Plat. 4. Information pertaining to the Public Works development requirements, Site Drainage Requirements, the City's Street Construction Standards & Details in AutoCAD® DWG format, ROW maps, and City -based coordinate and land surveying information (i.e., Current City Datum), is all available on the Public Works, Development Review page of the City of Wheat Ridge website at: www.ci.wheatrid2e.co.us The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer/ City Surveyor CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File www.ei.wheatridge.co.us 10163 W43rdAve_WheatRidgeAnimalHospital - Review-4.ltr.docx . 11, I, - v f ' �!J-: 4 8 . X"i!4 T I I i, , ! i -, - ;1ix , i 8,11 !; 11 1i M1 e'; a I? . 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LU of z�b�9 s 00000 0000© O B cwroo M 3m3AVuft Mft401 r.aarorw.* �f rueransu�isi ei�nro gSi h O ' noaE) u 1sep ojejIdSOH uopdeajed �tli gdoNIewiuy a6pia WOW LL Warm !roq pI y UO er Q der b s�ga�? Doo e " E �F7j�g� I I I I I 1 _ - 0 I I I � Y 'M1 I i a c as; ma -- �. - b I gy Yob rQ CrVO3 Fin Protectiont t Allison Way Arvada CO 80005 - 303-424-3012 - 303-432-7995 fax May 4, 2016 Ms. Meredith Reckert, Planner City of Wheat Ridge 7500 W 29`s Avenue Wheat Ridge, CO 80033 Re: Wheat Ridge Animal Hospital, COWR Project #MS -16-02, AFPD Project # 16-054D Ms. Reckert: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. 1. Fire apparatus access -surface Fire apparatus access roads shall be provided with an approved all-weather surface (concrete or asphalt). Access roads shall be capable of supporting an imposed load of 85,000 pounds. (2012 IFC Sections 502.3 & D102.1 amended) 2. Fire apparatus access width A minimum unobstructed width of 26-0 feet is required for fire apparatus access roads. (2012 Compliance with this provision is not indicated on the site plan. IFC Section 503.2.1 amended) 3. Fire apparatus access -turning radius Fire apparatus access roads shall provide a minimum inside turning radius of 26-0 feet and an outside turning radius of at least 47-0 feet. An Autoturn analysis of the access drives identified under comment #3 shall be provided and indicate that access on these drives will accommodate fire apparatus as specified by Arvada Fire. (2012 IFC Section 503.2.4) 4. Emergency access through site Emergency access through the site shall be granted. Indication of such shall be provided on the development plan as deemed necessary by the City of Wheat Ridge. (2009 IFC Section 503.1) Please contact me at (720) 398-0297 or via e-mail at kevin.ferrvaa,arvadafire.com if you should have any questions or need further information. Sincerely. ICe\AvL Ferri /S/ Kevin Ferry Fire Marshal MARTIN/MARTIN CONSULTING ENGINEERS May 9, 2016 Meredith Reckert City of Wheat Ridge Community Development 7500 West 291' Avenue Wheat Ridge CO 80033 Email: mreckert@ci.wheatridge.co.us Re: Fruitdale Sanitation District — 10163 W. 43rd Ave. — MS -16-02 Martin/Martin, Inc Project No.: 130053.C.01 Dear Ms. Reckert, On behalf of the Fruitdale Sanitation District (FSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated April 291h, 2016 concerning application for a three -lot consolidated plat for a planned animal hospital located at 10163-73 W. 43rd Avenue. The Fruitdale Sanitation District has no objections with the proposed plat conditional on the items identified herein are fully addressed. The following are general requirements for sanitary sewer service. The subject lot is entirely within the service and boundary area of the Fruitdale Sanitation District. Treatment of sewage generated within the Fruitdale Sanitation District is provided by Metro Wastewater Reclamation District. Existing District Sanitary Sewer Mainline(s) Fruitdale Sanitation District has the following sanitary sewer mains adjacent to the proposed property: • 18 -inch mainline running north to south, west of the referenced property within an easement. It appears the property may be serviced by gravity flow; however, the homeowner/developer is responsible for determining depths of the existing sanitary sewer main to verify if gravity flow is feasible or if a private individual sewage ejector (lift station) is required. The issuance of a sewer tap permit by the District does not in any way guarantee that the property can be served by gravity flow. Certified design documentation indicating the amount of flow and anticipated loadings (BOD, SS, TKN) that the animal hospital will contribute to the sanitary system is required to initially evaluate if the existing sanitary sewer system has sufficient downstream capacity and if pretreatment will be required. Depending on values of anticipated flow, the Owner/Developer may be required to evaluate downstream sanitary mainline capacity to show the anticipated peak flows can be accommodated by the existing main. Please note that Metro Wastewater Reclamation District's Rules and Regulations must be complied with at all times, especially refer to Section 6 "Pretreatment/Industrial Waste Control". As has been seen with several established hospital facilities, often deleterious matter is disposed of through the sanitary system. A separator (external to the building) of sufficient size to mitigate clogging of the service and mainline may be required in addition to pre-treatment requirements. Costs The amount of the sanitary sewer tap fees will be based on the water meter tap size for the proposed development. When the certified water tap size(s) is received, a tap fee document can be produced indicating tap fees required for MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTINMARTIN.COM Fruitdale Sanitation District —10163 W. 43rd Ave. — MS -16-02 May 9, 2016 connection to the sanitary sewer collection system, including any credits that may be available. In addition, engineering review fees may be required to be deposited in advance by the developer to the District. All costs involved are to be deposited in advance— engineering, reviews, design, construction, observation and inspections — are the responsibility of the Owner/Developer at the then current rate fee structure. Please be aware that proper tap and development fees are required to be paid prior to connection to the District main. A minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can be paid directly to the District Office prior to connection, payable to Fruitdale Sanitation District, which also collects Metro Wastewater's "connection fees". Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, Bill Willis, PE Cc: Gary Charbonnier — Fruitdale Sanitation District Page 212 04/'29/16 FRI 10:06 FAX 303 424 0828 VALLEY NATER DIS 10001 VALLEY WATER DISTRICT 12101 WFS' .52ND AVENUE WHFAT Rt1X;F:, C OLORAW 110033 'rrLert wrvc 303-424-9661 Fan 303-424.0828 Apri 129, 2016 Meredith Reckert City of Wheat Ridge 7500 W. 29" Avenue Wheat Ridge, C'O 50033 Dear Meredith: In response to your inquiry regarding Cage No. MS-16-02/Wheat Riche Animal Hospital, the Valley Water District offers the fallowing comments: The District has no concerns with the proposed three lot consolidation. 2. There are existing water taps and fire hydrants located at the site which appear to he sufficient to serve the proposed project as designed. 3. Should there be any changes to the proposed plan, additional water taps and fire hydrants may be required. Please feel free to contact me with any questions. Sincey, thleen M. Ka � t k District OfficeManaber Meredith Reckert From: Steve Art Sent: Thursday, April 28, 201612:55 PM To: Meredith Reckert Subject: RE: Referral MS -16-02 WRAH The Economic Development Division fully supports the redevelopment of this site. Steve Art Economic Development & Urban Renewal Manager Direct: 303-235-2806 Cell: 720-454-9040 From: Meredith Reckert Sent: Thursday, April 28, 2016 12:23 PM To: Steve Art <sartC«@ci.wheatridee.co.us> Subject: Referral MS -16-02 WRAH Dear Steve, The Wheat Ridge Community Development Department has received a request for approval of three lot consolidation plat at [10163=73 W. 43 Avenue and 10140 W. 44 Avenue (Case No. MS -16-02 - WRAH. Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: Case No. MS -16-02 WRAH Comments are due by May 12, 2016; 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 WCity of heat F�id�e Go�uutunnrr DrvEtoPMENT 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 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. 't,?, XcelEnergySIV PUBLIC SERVICE COMPANY May 11, 2016 City of Wheat Ridge Community Development 7500 West 291h Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 donna.I.george@xcelenergy.com RE: Wheat Ridge Animal Hospital Administrative Subdivision Plat Case # MS -16-02 Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined there is a possible conflict with the above captioned project. Please be aware PSCo owns and operates existing natural gas and electric distribution facilities throughout the subject property, particularly an underground electric line that leads to a transformer that serves Lots 1 and 2 in the Onyx Park Subdivision Amendment No. 1 plat. With the proposal to vacate several easements by this plat, PSCo requests verification that its existing facilities will not be left exposed without an easement. Should the project require any new gas or electric service or modification to existing facilities, the property owner/developer/contractor must contact the Builder's Call Line at 1-800-628- 2121 (or https://xcelenergy.force-com/FastApp -- Register so you can track your application) to complete the application process. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. 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 -N►," City of ro W heat iclge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: April 29, 2016 Response Due: May 12, 2016 The Wheat Ridge Community Development Department has received a request for approval of a three -lot consolidation plat for property zoned Planned Commercial Development (PCD) at 10163-73 W. 43" Avenue and property zoned Commercial One (C-1) located at 10140 W. 44th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS -16-02 /Wheat Ridge Animal Hospital Requests: Approval of a three -lot consolidation plat for properties listed below. 10163 W. 43rd Avenue— Zoning: Planned Commercial Development Parcel size: 60,634 sf in size (1.39 acres) Existing structure: 2 -story office building with 21,700 sf of area, most recently used as an engineering office 10173 W. 43 Avenue— Avenue — Zoning: Planned Commercial Development Parcel size: 53,760 sf (1.2 acres) Existing structure: none — most recently used for outside storage 10140 W. 44th Avenue- Zoning: C-1 Parcel size: 26,263 sf (.60 acres) Existing structure: 1262 square feet most recently used as an office for a tree company The proposed development plan is intended to accommodate a veterinarian clinic with 24-hour emergency services in the existing office building. The parcels to the west and north will be used for parking and landscaping. The property is comprised of three parcels with a total of 3.2 acres. 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 "The Carnation City" DISTRIBUTION: Arvada Fire District Wheat Ridge Public Works Valley Water District Wheat Ridge Building Division Fruitdale Sanitation District Wheat Ridge Economic Development Xcel Energy Wheat Ridge Police Department Centuryl-ink Comcast Vicinity Map Site "The Carnation City" `ATNERS CERTIFICATE OONN.D OSTWALD, BEING THE OWNER Of REAL PROPERTY CONTAINING 3.224 ACRES 1140.432 SOJARE '•LET), MORE OR tris. Dr5CR18FD AS rottows FEOEEI RESSAJPIIOM' LOIS 1 AND 2 01 ONYX PARK SUBDMSKIN AMENDMENT NO 1 RECORDED 'NOVEMBER 19, `999 UNDER RECEPTION NO F09/9586 AND LOT 1, EXCEPT THE NORTH 5 FFFT THEREOF DEDICATED AS PUBLIC STREET ON SND PUT OF KELLY SUBDIVISION SION FILING NO 1 RECORDOCTOBER 4 977 UNDER PUT BOOK 53. PAGE 35, ALL IN THE JEFFERSON COUNT CLERK AND RECORDER'S OFFICE. LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST UDARTER or SECTION 21. TOWNSHIP 3 SOUTH, PnvGE 69 WEST OF THE 611H P.M.. COUNTY OF JEFFERSON. STATE OF COLORADO. BEING MORE PARTM.U: ABLY DESCRIBED AS FOLLOWS. ..ITAAMENCINO AT THE CENTER QUARTER CORNER Or SAID SECTION 21, THENCE ALONG THE South UNE Of SAC NORTHEAST CLAIMER N89.35'13 -E. A DISTANCE Jr 178851 FEET TO THE WEST UNE Or LOT 3 AS "FSCRIBED ON SAID ONYX PARK SOBOMSION AMENDMENT NC. ', -HENCE ALONG THE WESTERLY AND NORTHERLY UNES Of SAID LOT 3 THE FOLLOWING FOUR (4) COURSES ') NW23'30'W A DISTANCE OF 209.36 FEET; N8O30.31*E A DISTANCE Of 69.00 FEET; F180'34•DOT A DSTANLE OF 10420 FEET, al N6157-027 A DISTANCE OF 54.03 FEET TO THE POINT Of BEGINNING; HENCE ALONG NORTHERLY, WESTERLY AND rASTERLY' LINES OF SAID LOT 2 OF OFYW SUBDIVISION SUBDSION AMENDMENT NO. 1 THE FOLLOWING FIVE (5) COURSES: 1) N6C'36'49'E A DISTANCE OF 90.49 FEET; 2) M48 -14-43'E A DISTANCE OF 86.01 FEET; 3)NOO'16'04'W A DISTANCE Of 184.41 fELT TO THE SOLITII RIGHT -Or -WAY' LINE OF WEST 46TH AVENUE; 4) N893812'E ALONG SAID SOUTH RIGIFT-OF-WAS LINE OF WEST 44TH AVENUE A DISTANCE OF 35,20 FEET, 5) S00'OR•45'F A DISTANCE OF 500 FEET, THENCE ALONG A LINE BEING 5.00 rCET SOUTHERLY OF AND PARALLEL WITH THE NORTH UNE OF SND LOT 1, KELLY SUBDIVISION NBRSe12'E, A DISTANCE OF 122.57 FEET; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, KELLY SUBDIVISION SODOB'44'E. A DISTANCE OF 215.67 FEET; THENCE ALONG THE NORTHERLY, EASTERLY, AND SOUTHERLY UNES Or SAID LOT 1, ONYX PARK SUSDMSION AMENDMENT NO 1 THE FOLLOWING THREE (3) COURSES: I) N69'53'54'E A DISTANCE OF 100.05 FEET; 2) SOOD8'451 A DISTANCL OF 272.37 FEET TO THE NORTH RIGHT -Of -WAY IINE OF WEST 43RD AVENUE. S) S89'S3'541Y ALONG SAID NORTH RIGHT-OF-WAY UNE OF WEST 4380 AVENUE A DISTANCE OF 222.62 FEET; THENCE ALONG THE SOUTHERLY AND WESICRLY LINES OF SAID LOT 2. ONYX PARK SUBDIVISION AMENDMENT NO 1 THE FOLLOWING THREE (3) COURSES. 1)S89'53.54W CCNTINUING NDNG SND NORTH RIGHT-OF-WAY LINE OF 'NEST 43RC AVENUE A OISTMCE OF 0.40 FEET; 2)SBV53'01'W CONTNDING ALONG SAID NORTH RIGHT-OF-WAY LINE OF WEST 43RD AVENUE A DISIMCE OF 117.19 FEET; 3) NDIY17'131W A DISTANCE OF 20956 FEET TO THE POINT OF BEGINNING HAVE WD OUT. SUBDIVIDED AND PUTTED SNO LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE WIPE AND STYLE OF WHEAT RIDGE ANIMAL HOSPITAL ADMINSTRATNr SUBDMSIONSUBDIVISIONT, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDIR. COLORNK) AND 81 THEY PRTSYNTS TO DFMCATE TO THE CRY OF WHEAT RIDGE Me THOSE MUNICIPAU, MANED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE vORFIONS OF REAL PROPERTY SHOWN AS CASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MNNTENMCE. REPAIR AID REPLACEMENT FOR ALL SERVICES THIS NNC hGFS BUT IS NOT LOURED TO TELEPHONE AND ELECTRIC LINES, GAS LINES. WAI ER MG SANITARY SEWER LINESIYD FRM:TS, STORM WATER SYSTEMS AN PIPES, DETENTION PONOS. STREET LIGHTS MD ALL APPURIENANCES THERETO STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -__DAY OF _ _ AD -BY___ GRAPHIC SCALE WHEAT RIDGE ANIMAL HOSPITAL ADMINISTRATIVE SUBDIVISION PLAT LOTS 1 AND 2 OF ONYX PARK SUBDIVISION AMENDMENT NO. 1 AND LOT 1, EXCEPT THE NORTH 5 FEET THEREOF, OF KELLY SUBDIVISION FILING NO. 1, LOCATED IN THE SOUTHEAST !4 OF THE NORTHEAST % OF SECTION 21, TOWNSHIP 3 SOUTH,RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 1 INE TAB E NUMBER DIRECTION LENG7H L24 S0705'01'E 57.99' L25 S00'08'45'E 19.51' L26 NSV53'01-E 14.60' L27 N0006'451W 2018' L28 N07D5 Wir 62.93' L29 N3706 07'W 3896 - L30 ROOT 7'1 SW 87.81' .31 569.42'47 Al 66.50' L32 SBP34.00YN 59.08' L33 SOO17'I}'E 15.19' 134 S000814'E 46.S.i' L37 , ND016'OA'W FCVNC Y' "BAR W/ PLASTIC CAP STAMPED 'CE a IS, /12438' N89'38'12'E\ 35.20'1, \� / S 09 8 45 �5. FOUND 1-h' ALUMINUM CAP STAMPED 'CHI CHESTER. PLS 1735' SE 1,4 N£1//4 SEC. 21. I T3S. II 6TH P.M. I AREA TABLE UNE TABLE NUMBER DIRECTION LENGTH L1 L2 N8738'12'E 26.00' SW38501W 24 66' L3 S89'53'54 W 24.00' U NOB'3B'50T 11.38' L5 N90'00'00"W 3208' LIS SBV53'01,110 2600' L7 ROD 17 131* 26.80' LB S6r4VD3-E 48.20' L9 SOO'06.06'E C-1AW LIO N00'06'06'W 16.26' Ll' N674 1'03'W 26.29' Ll^ SO017'lyE 577' L13 S89'S1'15'W 29.95 1.14 N0000'DO'E 46.39' L15 N90'00'DOT 13.00' 1.16 NOC'DO.00'E 1 48.20- L17 N90ro0'oo'WJ746118 C9 NOVOO'00'EL19 16.15' NW53'54'E L20 N8034.00'E INE TAB E NUMBER DIRECTION LENG7H L24 S0705'01'E 57.99' L25 S00'08'45'E 19.51' L26 NSV53'01-E 14.60' L27 N0006'451W 2018' L28 N07D5 Wir 62.93' L29 N3706 07'W 3896 - L30 ROOT 7'1 SW 87.81' .31 569.42'47 Al 66.50' L32 SBP34.00YN 59.08' L33 SOO17'I}'E 15.19' 134 S000814'E 46.S.i' L37 , ND016'OA'W FCVNC Y' "BAR W/ PLASTIC CAP STAMPED 'CE a IS, /12438' N89'38'12'E\ 35.20'1, \� / S 09 8 45 �5. FOUND 1-h' ALUMINUM CAP STAMPED 'CHI CHESTER. PLS 1735' SE 1,4 N£1//4 SEC. 21. I T3S. II 6TH P.M. I AREA TABLE SO IT I ACRES ONYX PARK SUBDIVISION MENDENI N0. i, LOT 1 60,635 1.392 ONYX PARS SUBDIVISION MENDER NO. I, LCT 2 53.405 1.22E KELLT SUBOMSION FILING NO I, LOT 1 28.76' C3 �__ •5.71• 545'16'04'E PMMA OF BEGINNING FOUND PLASTIC CAP STAMPED 'RUBINO, PLS 14142' rouND PLASIC CAR I (DISTURBED) I - PARK AVE VICINITY MAP 1' . I800 Nons 5.0' STREET DEDICATION PER 1. TITLE COMMITMENT NOTE KELLY SUBDMSION FILING NO. 1 THIS SURVEI DOLS NOT CONSTITUTE A TITIF SEARCH BY SURVEY AND MAPPING (SAM), LLC TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALt INFORMATION REGARDING EASEMENTS. RIGHT-OF-WAY MD TRUE RECORD, S-URVEYING MD MAPPING (SM), LLC RELIED UPON C044ITMCM ORDER NUMBER _ W 44TH AVE ABB7044fi5S4 6. PREPAREII BY LAND TINE GUARANTEE COMPANY Me OLD REPUBLIC NATIONAL TITLE INSURANCE COMPAT, DATED 08 27- 2015. THE lM1F, (RlplT Of WAS VARIES) - _ _ REFERRED TO IN THIS NTE COMMITMENT IS DESCRIBED AS FOLLOWS: LOTS I AND Z. ONYX PARK SUBOMSION AS AMENDED Br THE PUI OF ONYX PARK SUBDIVISION MENUMLNI N0. I RECORDED NOVEMBER 19. 1999 UNDER RECEPTOR NO F097o586, COUNTY OF JEFFERSON, STATE OF COLORADC. 122.57 1,18r-3 I� .__y. [, _ _ _ SUWLYIIG AND MAPPING (SAM). LLC ALSO RELIED UPON TITLE COMMITMENT ORDER NUMBER A8070462209-8. PREPARED BY IANC TITLE GUARANTEE F COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY DATED 09-24-2015 THE LAND REFERRED TO IN THIS TITLE COMMITMENT IS DELLT 7� 589'38'12'W •1426' CURVE TABLE j,<,-'. '• - i)f. l' AS FOLLOWS: LOT 1, EXCEPT THE NORTH 5 FEE] THEREOF, KELT-Y SUBDIVISION FILING N0. i. COUNTY OF JEFFERSON, STATE OF COLORADO - CURVE N0. CI DELTA RADIUS LENCIH CHORD BEARING CHORE LENGTH 04831'56- Sb -00' 29.65' N2S58457 ^877' C2 048'30'47' 35.00' 29.63 H23-59 20-E 28.76' C3 U9POo'GO_ 10.00• •5.71• 545'16'04'E 1414' U C5 061'28'30' 41.00' 061'12'27' 10.00 43.99' :D. GB* S59'31 WE S59'2Y46'F 4191' 1018' C6 o9C00'00' 10.00 is 71' N45'00'C 'W 14 14' CN 1061.1227' 3600' 384F' N59 -23'46-W 36.66' C8 061-28.10- 15.00 16.09' N59'31'471W 15.33' C9 025'4724' 3601' 16.15' N7724.52VN 16.07 CIO 0254408 6'. 25.27 S36 -22.39-W 25.09' ell 04V31'56-1 9.00' 762' S2S58'aSYI 7.40' C12 090'00'00' 3.00 4.71 N45-00'Ooi 4.24' C13 06:"06'44' 28.50' 30_90 -N59 -12_42^N 29.40' 7� 589'38'12'W •1426' Zang Street, j,<,-'. '• - i)f. l' AS FOLLOWS: LOT 1, EXCEPT THE NORTH 5 FEE] THEREOF, KELT-Y SUBDIVISION FILING N0. i. COUNTY OF JEFFERSON, STATE OF COLORADO - DLTEHIIn- Ofc: \--SET I ..•, ( _'`R•HWDTFR EG LNLr1'' r3 SET ALUMINUM WASHER ANO PK NM NO INFORMATION REGARDING EASEMENTS RIOHT-OF-WAY AND TITLE RECORD WAS PRM10ED FOR 107 ? Of KEUY SI.IBDIVISION FILING NO 1 UNDER PUT ROOK 53. PAGE 35, COUNTY Of JEFFERSON, STATE OF COLORADO. C1J / - FISH WITH CONCRETE I STMPED 'PLS 24657' 2 BASIS OF BEARINGS .706404.03 N-11CV,: _ BEARINGS ARE BASED UPON THE UNE BETWEEN THE EAST QUARTER CORNER (CITY -BASED MONUMENT ID./ 14409) AND THE CENTER OIMRTER CORNER Or ( --SET AUNINUM WASHE\ L35 I \"''�I' SECTION 21 (CITY -BASED MONUMENT ID./ 14309), TOWNSHIP 3 SOUTH, RANGE 69 WEST M THF. 6TH PRINCIPAL MERIDAIN, COUNTY OF JEFFERSON, STATE AND PK NAIL FLUSH MAIM CONCRETE L17 $I SI 1 I.I.' OF COLORADO A5 DIARIIC N89'3515'L HFTWETN THr MONUWFNTS SHOWN HEREON AND AS SHOWN ON SND DNYX PARK SUBDIVISION AMENDMENT NO. I I / STAMPED *PLS 24657- ry I CURRENT CITY DATUM COORDINP'ES AND LATRUDEJLONGITUDE FOR EACH TWO MONUMENTS USED FOR THE BASIS OF BUNTINGS ARE SHOWN HEREON. ( TONE Y' I` FLOOD - -- - - FLOODPLAIN BOUNDARY I D'IFJ."" ONYX PARK SUBDIVISION 3. COORDINATE SYSTEM COORDINATES MD BEARINGS ARE BASED UPON THE CITY OF WHEATRIDGE CURRENT ell DATUM (PER SECTION 26-407-D-6 OF THE MUNICIPAL CODE Of I AMENDMENT NO. I "n LAWS.) THE CLiRRFNT CITY DATUM IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 (NAM HARK) STATE PLANE CCORDIWTr SYSTEM. COLORADO LOT T ' ,� Ems. 1 ,-: '� CENTRAL ZONE 0502. VERTICAL DATUM USED IS THE NORTH AMERICAN VER7ICA DATUM OF 1988 (NAVDBB). GROUND TO GRID COMPoNF) SCALE FACTOR IS 0.99874]80300, SCALED FROM BASE POINT PWD 1 (PERMANENT HIGH ACCURACY CONTR01 POINT /1) HANNG THE FOLLOWING NAD83/92 STATE PLANE I 'y, IN k I Gl COORDINATES' PHAC I NORTHING: 1701158 75. LASTING' 311821 ).58. ELEVATION 5471 62 KELLY SUBDIVISION � FILING NO. r." ' lk : T .. -+:1 It'll I I ��{ Y I--- - 11NR Or MEASURE + -PER COLORADO REVISED STATUTES SEC. 38-51-1UG (L) ALL UNEAL UNITS DEPICTED ON THUS LAND SURVEY PLAT ARE US SURVE" FFFT . I '.. IO MIIF DEL_ E/.SCNEI:- pp O :� . --.- EQUALS 39.37 DMDED By 12 L.S. SURVEY FEET ACCORDING 1U THE NATIONAL VHSIfT11TE OF STANDARDS AND TFCHNOL.0.1Y- _O INCPE:` 4 8 ,- 5. STATEMENT OF �}+ I`Tf.is uIC FF IiNE CA'EMFrN; le 2 � FIC COORDINATESTATE PUKE THE GEODETIC PpM COORDINATE DATA SHOWN HEREIN BEEN DERIVEDO FROM THE NAD 63 CE CENTRA. r 'FNFED I O NERC P. V'.: A1LG PY IHI< =?I $ -53W 00 ON IDE rN IN IH HAS A 1' AT 7 AT THE FI !� DE 1 ED E FEET COORDINATE SYSTEM. MD IA, 1UR120NTA ACCURACY CLASSIFICATION OF 0.0 U.S. SURVEY' FEET E 95% CON DEICE LEVEL. C I� I I I UT.39'46'31 48795' GEOSPA74V POSITIONING ACCl1RACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMANTIEL (ECAC -SID -007.2-1498) TIN 1C' Mr11 lC' LIN. W Fv000 FOUND '-XJ' ALUMINUM CAP- 6 STATUE OF LIMITATIONS I STMPED 'Ch41 E;111_, D.4. _ 1; NOTN;E. ACCORDING ID COLORADO .AW YOU MUST COMMENCE AND _ECRL ACTION BASED UPON MY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER FOUND /5 RF:BMNJ W/ PLASTIC CAP 1 \ , 'M PORI 6 ASSOC.. ITS 15321' YOU FIRST DISCOVER SUCH DEFECT IN NO EVENT MAY ANY ACTION EASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FFC!: THE DATE OF THE CERTIFICATION SHOWN HEREON LOT LINES HEREBY I REMOVED BY TMS PUT, I -SET PLASTIC CAP 7 DOTE OF SURVEY O• I , ON /5 REBM THE FIELD WORK FOR THIS SURVEY WAS COMPLETED ON DECEMBER 28. 2015, 26._92 0.606 FLLSH WITH OROUNC t I c '1=--------- J P 24fS i' 140,132 1.224 // 43'S6'F. 75 BS' I\ / STAMPED RS -- `-__ - B. SFONMWATER DETENTION '-J / C\ • L THE SiOPoIWATEF DUALITY DEMENT ON AREAS HEREIN SHOWN AS ST011MWAlER DETENTION FJSE4EM'SFLLLL BE CONSTRUCTED MC VNMNN� B\' THE OW'NL•. 'v ,-CIS4,1 co•r •r4 -F -D `.r V.-NBO'S3'S4"E :C0.05'N451a5['oi [ [m r.n✓s c o':ry wr scws rr.1r� [Y[rsT •Dn'wwo r. now verso M,wTrwn,[ rs wor nLYlro L--Ue. Tw L']'1�rL�. f•veM-+5' IFUR`.rs•' Lc[5�on5, .wa AA.4LOiS ACN[G>'uTa r'AT`Prq �NIIJXrN, t»t[5fNUC 1UkC W91 [81: rsCUNSikUG'IEU INA IMG USI EN IIUN NfEA MU�NO PKYUIS IR [ (DISTURBED)N40'Op OC 68.08' L, I , ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF TME DETENTION AREA WILL BE MADE WTHIMT 7W APPROVAL OF THE DIRECTOR OF PUBLIC STAMPED 'RUBINO, PSS 141 a2' \ / / /ate' �4Y % FOUND PLASTIC GMP \ 260 \ -•-- I WORKS I G SURVEYING -AERIAL MAPPING- ENGINEERING Firm 555 Zang Street, 1 _..;.L rif, Denver, Colorado 80228 Ofc: A SURVEY MONUMENT FOUND (AS NOTED) r;erna ..•, 303.988.2195 C9 SURVEY MONUMENT SCT (AS- NOTED)- infoCODsam.biz I - - ALIQUOT LINE / - d•ST' 4 - -- - EXISTING EASEMEN' LINE -' .706404.03 N-11CV,: - - - - - PROPOSED EASEMENT (INE LAT -39'-f'35 .18195* - - VACATED EASEMENT LINE ( rj I •�• I VACATED EASEMENT AREA L17 $I SI IMoi BOUNDARY LINE 10 FLOOD 20NC THE f% ANNUAL CHANCE FLOOD (100 -MEM HLIXID). ALSO KNOWN AS THE BASE FLOOD. IS THE FLOOD THAT HAS 4 IS CHANCE OF BUNG EQUALED OR EXCEEDED IN MY GNFN YEAR ME SPECIAL ROOD HMIWD AREA IS THE AREA SUBJECT TO FLOODING BY THE 1% ANNUAL CHANCE 'Loop THIS SURVEY ry FXISTiN6 LOT LINES ar - -- - - FLOODPLAIN BOUNDARY I D'IFJ."" ONYX PARK SUBDIVISION n 7,0'5-'" AMENDMENT NO. I "n I L--- �--- DEPTHS OF LESS THAN I FOOT OR WITH DRAINAGE AREAS LESS THAN I SQUARE MILE: AND ARUM; PROTECTED BY LEVEES FROM 1% MNUAL CHANCE F. THE INFORMATION FOR DETERMINED FLOOD ZONES WAS FOUND ON FLOOD INSURANCE RATE MAP, PANEL 213 OF 675. MAP NUMBER 08059CO213F, ... ill ;.1,1 I I/ ,I, I I POINT OF COMMENCEMENT k I Gl CRY OF WHEAT RIDGE ID /1430P COMMUNITY NUMBER 085079 PANEL 0713F, ETTECTNE JUNE 17, 2003, REVISED FEBRVARY 5. 2014- lk : T .. -+:1 It'll I I I CK COR.SEC'' 21p'.4 �: F T S- L15 I Z I FOUND t -k' BRASS CAP n H SURVEYOR'S CERIIFIGTk ON ALUMINUM MONUMENT IN RANGE BOX •t1 STAMPED 1:RY OF WHLATRIDGE, ,- !� LS 13212, 1984' PROPOSED DRAINAGE ANCA Ir Ui1Lln' EASEMENT ' � E-10785535 EL 5.35 L J $ -53W 00 U I� I I I UT.39'46'31 48795' \I •r;w I I ` LONG.105'UT0883006' W Fv000 AMENDED. THE ACCOMPANYING PUT ACCURATELY REPRESENTS SND SURVEY W ONYX PARK SUBDMSION I w AMENDMFNT NO. I I ^ 3 `� I I \ / \ /.BwAM FOUND /5 RF:BMNJ W/ PLASTIC CAP 1 \ , 'M PORI 6 ASSOC.. ITS 15321' II I LOT 2 Iry $I I ` LV'n I .N ,1 /NA9'35'15'E 1788.81' / Ii I G SURVEYING -AERIAL MAPPING- ENGINEERING Firm 555 Zang Street, Suite 210 Denver, Colorado 80228 Ofc: 303.988.5852 Fax: 303.988.2195 email: infoCODsam.biz PROJECT: 'PITS E 9 / $ rE0/ STAMPED 23401 h l5 T _ ^ml I ' % /•./ PROPOSED EASEMENTS AREAS SE/DWR ON THIS PUT A. -PROPOSED DRAINAGE. @ UTILITY CASEMFNIS' ME HEREBY GRANTED ON PRIVATE PROPERTY WI'HIN THE SUBDIVISION OR PUTTED AREA AT THE LOCATIONS VIE NIII IED NERF.M. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE. AND REPLACEMENT OF 6sN -' / r I N893515'E 2652.42' \ 16 �• wI I .L'.4L/N.:1' ELECTRIC, GALS, TCLEVISION CABLE, DRAINAGE. AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED wnNIN ANY ACCESS EASEYENiS AN' PRIVATE STREETS IN THE SUBDINI PERMANENT STRUCTURES AND WATER METERS SHN.L NOT BF PFRMIRETI WITHIN SAID DRAINAGE h UTILITY EASEMENTS d•ST' 4 - SIMPED 'LS 13217' 198-, CCY CF WhEAI R13CE' .706404.03 N-11CV,: LAT -39'-f'35 .18195* LONG. t05'C: L16 i.W06' EL.S3AB D1 ( rj I •�• I 5 VTL 0 JN E-�CMEr,` FREE L17 $I SI - L ,Cr FA j°E'I 10 FLOOD 20NC THE f% ANNUAL CHANCE FLOOD (100 -MEM HLIXID). ALSO KNOWN AS THE BASE FLOOD. IS THE FLOOD THAT HAS 4 IS CHANCE OF BUNG EQUALED OR EXCEEDED IN MY GNFN YEAR ME SPECIAL ROOD HMIWD AREA IS THE AREA SUBJECT TO FLOODING BY THE 1% ANNUAL CHANCE 'Loop THIS SURVEY t4�73' ` `3� I L31 I Ns t '•�P ^ $I '^I EMF',' LOCATED IN SPECIAL ROOD HAlARD ZONE AO- FLOOD OEPTHS Or 1 TO 3 FEE' (USLINAT SHEET FLOW ON SLOPING TERRAIN): AVERAGE DEPTH$ DETERMINEO iHIS SEAMY S ALSO LOCATED IN ZONE X: AREAS OF 0.2% MHUAL CHANCE ROOD: AREAS OF 1% AWWLL CHANCE FLOOD WITH AVERAGE -I'L2t L20 _� J•�� -+� FIAT UNE HEREBY REMOVED BY THIS PUT I L--- �--- DEPTHS OF LESS THAN I FOOT OR WITH DRAINAGE AREAS LESS THAN I SQUARE MILE: AND ARUM; PROTECTED BY LEVEES FROM 1% MNUAL CHANCE F. THE INFORMATION FOR DETERMINED FLOOD ZONES WAS FOUND ON FLOOD INSURANCE RATE MAP, PANEL 213 OF 675. MAP NUMBER 08059CO213F, ... ill ;.1,1 I I/ ,I, I I k I Gl COMMUNITY NUMBER 085079 PANEL 0713F, ETTECTNE JUNE 17, 2003, REVISED FEBRVARY 5. 2014- lk : T .. -+:1 It'll I I I~rLP,t �: F T S- L15 I Z I n H SURVEYOR'S CERIIFIGTk y l l ( I �I n I, CURT LEAK. DC HEREBY CFRR THAI THE SURVEY OF THE BOUNDARY OF (SUBDN'i510N IME) WAS WE)E 81' ME OR UNDER MY DIRECT SUPERASION PROPOSED DRAINAGE ANCA Ir Ui1Lln' EASEMENT ' L J $ rJ NF, X YO MD TO THE BEST OF W KNOW -EDGE, INFORMATION AND BELIEF. IN ACCORDANCE WITH AL_ APPLICABLE COLCRADD STATUTE.. CURRENT REVISED EDITION A'. I� I I f I \I •r;w I I ` W Fv000 AMENDED. THE ACCOMPANYING PUT ACCURATELY REPRESENTS SND SURVEY W ONYX PARK SUBDMSION I w AMENDMFNT NO. I I ^ 3 `� I I ONYX PARA' SUBDINSIDN AMENDMENT NO. 7 I n 1 o / Fjx L ^ O�j , . L !ip@�-�•'• .• Fyf, II I LOT 2 Iry $I I ` LV'n I LOT i Ii I _ _ GARY IFAX. PL No 26600 N/ MTC MARCH 18, Ol6 ' V7: �� \ \ n II yam.-\ I N JOB NO. 015036445 OF AND BEHALF OF SURVEY AND MAPPING (STM . :LC • O � N•; v PLANNING COIA4ISSION CERTFICATON O p / B" ROVIEWHEATS RIDGE PIADAY OF NNM COMMISSION I I I L i3 0 1489'42.471 8397- - r 573 21L� - � HARMAN EF fCr JS..ME - I 21 • �, - X585} Saly 154 U" L3 CITY ClR11FICATION APPROVED THS ATTEST CITY CLERK DAY OF RY THE COY' OF WHEAT RIDGE. CHAIRPERSON COLWUNRY DEVELOPMENT DIRECTOR - 53'Ol�lr 87.51 LB -, - S88'53'Ot"W 177.19 Les 589'53'54 W 222.6 2' E FOUND 2- ALUMINUMON OS cAP POUND 5 REBAR P i S89"S3 54'W FISH W17H GROUND �`�' ORECIOR p PDDIX: ,OR; AL1 PLASTIC CAP - STAMPED 'RE PORT 8 ASSOC_ LS 15321' 0.40• '�•• / � 1. L. SlA D TLS 2WXI- �s4 ss6T AD M 43RD AVF EoukO /5 RLHAR W/ PLASTIC CAPD LOOC ZONE STAMPED 'RE PORT NN ASSOC.. LS 15121 (5C' RIGHT OF WRY) N893515'E 2652.42' [In OF WHEAT RIME ID #11905 BASIS OF BEARINGS 1 i:4 COR SEC 21, AS. R69W, ETH P U �CUNC 3-14' CRASS LDP aN ALUViNUM MONUMENT IN TAROT [NIX - SIMPED 'LS 13217' 198-, CCY CF WhEAI R13CE' .706404.03 N-11CV,: LAT -39'-f'35 .18195* LONG. t05'C: L16 i.W06' EL.S3AB D1 REV. Architect: Eileen Moore KoeniysDera. LEED AP Studio DH Architecture 1300 Jackson Street, Suite 200 Golden, CO 80401 720-457-3265 eileen*studio-dh.us n in Jerry Davidson, P.L. Perceptron Design Group. Inc. 8901 South Piefce Street, Suite 350 Littleton, CO 80128 303-232-8088 303-520-2773 (Cell) SarWevcr: Gary Leak. PLS. Surveying And Mopping, LLC (SAM) 555 Zang Street, Suite 21U Lakewood. Colorado 80228 303-988-5852 (Office) 303-746-9552 (Cell) garyleak®som,biz DESCRIPTION MAYOR � ' / � I (•W COUNTY CLERK AND RECORDER'S CERIIFICA'E STAID OF COLORADO ) )SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLA WAS FILED IN THE OFFICE OF THE COLI CLERK R-GCOBOER OF JEFFERSON COUNTY IN GOLDEN. COIORADC., Al _O'CLOCK _M r•. THE DAY OF -_, �D-. IN BOOL PAGE-. RECEPTION NC. JEFFERSON COURT CLERK AND RECORDER BY: -_ nEvinr BY I DATE SHFF- ' OF Pq Customer Distribution Land Title OUARANEEr COMPANY —Sipa 1967_ Property Address: 10055 W 43RD AVENUE, WHEAT RIDGE, CO 80033 For Closing Assistance Colin Snody 3033 E 1ST AVE #600 DENVER, CO 80206 303-331-6234(phone) 303-393-3806 (fax) csnody@ltgc.com WILLIAM LETZSCH Attention: WILLIAM LETZSCH 303-319-5605 (work) william.letzsch@me-engineers.com Delivered via: Electronic Mail COLDWELL BANKER COMMERCIAL ALLIANCE Attention: BEN GILLIAM 999 18TH ST #1350 DENVER, CO 80202 720-253-6477 (phone) 303-238-7777 (work) ben.gilliam@cbcalliance.com Delivered via: Linked Commitment Delivery Copies: 1 SNELL & WILMER Attention: DAVID F. J. DYE 1200 17TH ST #1900 DENVER, CO 80202 303-634-2115 (work) 303-634-2023 (work fax) dfdye@swlaw.com Delivered via: Electronic Mail COLDWELL BANKER COMMERCIAL ALLIANCE Attention: JON TRETER 999 18TH ST #1350 DENVER. CO 80202 303-729-4005 (work) jon.treter@cbcalliance.com Delivered via: Electronic Mail IKEVIN SCHUTZ kevin.schutz@carrhr.com Delivered via: Electronic Mail Our Order Number: ABB70446554-6 Date: 08-27-2015 Closer's Assistant For Title Assistance KAREN SPAID BRUCE ROSELLEN 3033 E 1ST AVE #600 5975 GREENWOOD PLAZA BLVD DENVER, CO 80206 GREENWOOD VILLAGE, CO 80111 303-331-6214 (phone) 303-850-4130 (phone) 877-375-5033 (fax) 303-393-4842 (fax) kspaid@ltgc.com brosellen@ltgc.com DON OSTWALD dostwald@wrah.com Delivered via: Electronic Mail CENTENNIAL BANKING Attention: DAVID MARIEA dmariea@centennialbanking.com Delivered via: Linked Commitment Delivery CARR HEALTHCARE REALTY LLC PO BOX 100518 DENVER, CO 80250 719-339-9007 (work) Delivered via: Undetermined CENTENNIAL BANK Delivered via: Undetermined Pq Land Title GUARANTEE COMPANY —Since 1967 -- Wire Instructions "Per Colorado Good Funds Statute, Land Title cannot accept funds in the form of a personal check or an ACH payment" Bank: FIRSTBANK OF COLORADO Address: 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No: 107005047 Account: 2160521825 Attention: Colin Snody Reference ABB70446554-6 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire Land Title Guarantee Company Estimate of Title Fees Land Title GUARANTEE COMPANY —Shue i967— Order Number: ABB70446554-6 Date: 08-27-2015 Property Address: 10055 W 43RD AVENUE, WHEAT RIDGE, CO 80033 Buyer/Borrower: VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller: 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees 7AAOwners Policy 06 17 06 tion of Standard Exception(s) ALTA Loan Policy 06-17-06 Deletion of Standard Exception(s) ]$6,729.0 Tax Certificate Lat If Land Title Guarantee Company will be closing this transaction, the fees listed above will be THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABB70446554-6 Customer Ref -Loan No.: Property Address: 10055 W 43RD AVENUE, WHEAT RIDGE, CO 80033 1. Effective Date: 08-21-2015 at 17:00:00 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $3,240,000.00 Proposed Insured: VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY "ALTA" Loan Policy 06-17-06 $2,430,000.00 Proposed Insured: CENTENNIAL BANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: LOTS 1 AND 2, ONYX PARK SUBDIVISION, AS AMENDED BY THE PLAT OF ONYX PARK SUBDIVISION AMENDMENT NO, 1 RECORDED NOVEMBER 19, 1999 UNDER RECEPTION NO. F0979586, COUNTY OF JEFFERSON, STATE OF COLORADO. Copyright 2006-2015 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABB70446554-6 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. RELEASE OF DEED OF TRUST DATED FEBRUARY 25, 2000 FROM 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF NORWEST BANK COLORADO, NATIONAL ASSOCIATION TO SECURE THE SUM OF $1,500,000.00 RECORDED MARCH 22, 2000, UNDER RECEPTION NO. F1031299. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED MARCH 15, 2000, UNDER RECEPTION NO. F1028341. (AFFECTS LOT 1) 2. RELEASE OF DEED OF TRUST DATED MARCH 08, 2000 FROM 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF NORWEST BANK COLORADO, NATIONAL ASSOCIATION TO SECURE THE SUM OF $1,800,000.00 RECORDED MARCH 27, 2000, UNDER RECEPTION NO. F1033135. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS RECORDED MARCH 27, 2000, UNDER RECEPTION NO. F1033136. DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MARCH 27, 2000, UNDER RECEPTION NO. F1033137. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED DECEMBER 29, 2000 UNDER RECEPTION NO. F1163722. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED DECEMBER 05, 2005, UNDER RECEPTION NO. 2005122738. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED DECEMBER 05, 2005 UNDER RECEPTION NO. 2005122739. (AFFECTS LOT 1) 3. RELEASE OF DEED OF TRUST DATED DECEMBER 29, 2006 FROM 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF WELLS FARGO BANK, NATIONAL ASSOCIATION TO SECURE THE SUM OF $320,000.00 RECORDED FEBRUARY 09, 2007, UNDER RECEPTION NO. 2007016494 AND RE- RECORDED OCTOBER 4, 2007 UNDER RECEPTION NO. 2007112853. (AFFECTS LOT 1) 4. RELEASE OF DEED OF TRUST DATED SEPTEMBER 16, 2008 FROM 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF JEFFERSON ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABB70446554-6 The following are the requirements to be complied with: COUNTY FOR THE USE OF WELLS FARGO BANK, NATIONAL ASSOCIATION TO SECURE THE SUM OF $250,000.00 RECORDED SEPTEMBER 25, 2008, UNDER RECEPTION NO. 2008090075. (AFFECTS LOT 2) 5. RELEASE OF DEED OF TRUST DATED SEPTEMBER 16, 2008 FROM 43RD AVENUE PARTNERSHIP, L.L.P.. A COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF WELLS FARGO BANK, NATIONAL ASSOCIATION TO SECURE THE SUM OF $250.000.00 RECORDED SEPTEMBER 25, 2008, UNDER RECEPTION NO. 2008090076. (AFFECTS LOT 1) 6. (ITEM INTENTIONALLY DELETED) DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 43RD AVENUE PARTNERSHIP, L.L.P. AS A COLORADO LIMITED LIABILITY PARTNERSHIP. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 8. (ITEM INTENTIONALLY DELETED) DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF VORTEX REAL ESTATE INVESTMENTS, LLC AS A COLORADO LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 10. WARRANTY DEED FROM 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP TO VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY, NOTE: THE PARTNERSHIP AGREEMENT FOR 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP DISCLOSES ALLEN Y. TOCHIHARAAS THE MANAGING PARTNER THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 11. DEED OF TRUST FROM VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF CENTENNIAL BANK TO SECURE THE SUM OF $2,430,000.00. NOTE: THE OPERATING AGREEMENT FOR VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABB70446554-6 The following are the requirements to be complied with: LIMITED LIABILITY COMPANY DISCLOSES DONALD A. OSWALD JR.. LEONARD D. JONAS, LORI A. WISE AND MARIANNE MALLONEE AS THE MANAGER(S) THAT ALL MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 12. (ITEM INTENTIONALLY DELETED) NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 43RD AVENUE PARTNERSHIP, L.L.P., A COLORADO LIMITED LIABILITY PARTNERSHIP. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2014 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABB70446554-6 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse clairns or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF KIPLING VENTURES SUBDIVISION RECORDED FEBRUARY 24, 1982 UNDER RECEPTION NO. 82012033. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF TENNIS CENTER AT CLEAR CREEK AND THE TENNIS CENTER AT CLEAR CREEK COMBINED OUTLINE & FINAL PLAN RECORDED JUNE 29, 1988 UNDER RECEPTION NO. 88063164. 11. WATER AND WATER RIGHTS AS CONVEYED TO THE CITY OF WHEAT RIDGE BY THE DEED RECORDED JANUARY 2, 1990 UNDER RECEPTION NO. 90000078. 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ONYX PARK DEVELOPMENT OUTLINE TITLE DEVELOPMENT PLAN RECORDED SEPTEMBER 20, 1994 UNDER RECEPTION NO. 94153569. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ONYX PARK SUBDIVISION RECORDED APRIL 24, 1995 UNDER RECEPTION NO. F0044228 AND THE PLAT OF ONYX PARK SUBBDIVISION AMENDMENT NO. 1 RECORDED NOVEMBER 19, 1999 UNDER RECEPTION NO. F0979586. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN ONYX PARK DEVELOPMENT COMBINED OUTLINE & FINAL DEVELOPMENT PLAN RECORDED JUNE 06, 1995 Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABB70446554-6 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: UNDER RECEPTION NO. E0066226. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AND IMPOSED BY REZONING ORDINANCE NO. 959, SERIES OF 1994, RECORDED SEPTEMBER 23, 1998 UNDER RECEPTION NO. F0700155. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LOT 1, ONYX PARK DEVELOPMENT FINAL DEVELOPMENT PLAN RECORDED APRIL 03, 2000 UNDER RECEPTION NO. F1036527 AND AMENDMENT NO. 1 THERETO RECORDED DECEMBER 14, 2006 UNDER RECEPTION NO. 2006147419. 17. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE FRUITDALE SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JUNE 06, 2000, UNDER RECEPTION NO. F1066492. 18. (ITEM INTENTIONALLY DELETED) 19. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED JUNE 12, 2015 PREPARED BY SAM SURVEYING -AERIAL -MAPPING -ENGINEERING, JOB #1015035708 SAID DOCUMENT STORED AS OUR ESI 23420390 FENCE LINES DO NOT CORRESPOND WITH PROPERTY LOT LINES GAS MAINS TRAVERSE SUBJECT PROPERTY INA GENERALLY NORTHERN DIRECTION OUTSIDE OF ESTABLISHED EASEMENTS OVER A CENTRAL PORTION OF SUBJECT PROPERTY. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE Land Title LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION, GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY —Shia 1967— LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; D. your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY _ ,r967_ DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. :.LSO# `* r 01. m: �.0: ., 070 XV0 "I',...414 Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duty authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Z� John E. Prayer 7 President Authorized Officer or Agent 71T " X070No., Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 �ar E��` .� President AMERICAN LAND TIT Lr ASSOCIATION Renew YMprrf 411-9-v Customer Distribution Land Title GUARANTEE COMPANY —So -1967_ Property Address: 10140 W 44TH AVE, WHEAT RIDGE, CO 80033 For Closing Assistance Colin Snody 3033 E 1ST AVE #600 DENVER, CO 80206 303-331-6234 (phone) 303-393-3806 (fax) csnody@ltgc.com VORTEX REAL ESTATE INVESTMENTS LLC Attention: DR. DONALD OSTWALD 3695 KIPLING STREET WHEAT RIDGE, CO 80033 dostwald@wrah.com Delivered via: Electronic Mail Closer's Assistant KAREN SPAID 3033 E 1ST AVE #600 DENVER, CO 80206 303-331-6214(phone) 877-375-5033 (fax) kspaid@ltgc.com Our Order Number: ABB70462209-8 Date: 09-24-2015 For Title Assistance BRUCE ROSELLEN 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4130(phone) 303-393-4842 (fax) brosellen@ltgc.com SNELL & WILMER Attention: DAVID F. J. DYE, ESQ. 120017TH ST #1900 DENVER, CO 80202 303-634-2000 (work) dfdye@sWaw.com Delivered via: Electronic Mail NARRACCI ALBERT JOSEPH JR VIOLET C ASTUNO REVOCABLE CARR HEALTHCARE REALTY LLC TRUST THE ROCCO D ASTUNO JR REVOCABLE TRUST THE Attention: KEVIN SCHUTZ Attention: VIOLET C ASTUNO PO BOX 100518 3154 ROUTT ST DENVER, CO 80250 LAKEWOOD, CO 80215 970-690-5869 (work) roccotpa@earthlink.net,jannarracci@gmail.com kevin.schutz@carrhr.com Delivered via: Electronic Mail Delivered via: Electronic Mail COLDWELL BANKER RESIDENTIAL BROKERAGE Attention: WILLIAM HUGHES 6501 E BELLEVIEW AVE #500 ENGLEWOOD, CO 80111 303-915-1942 (work) 303-989-8560 (work fax) hughes.w@comcast.net Delivered via: Electronic Mail CARR HEALTHCARE REALTY LLC Attention: MATT GOWLER PO BOX 100518 DENVER, CO 80250 719-339-9007 (work) matt. gowler@carrhr.com Delivered via: Electronic Mail DAVID BAILEY Attention: DAVID BAILEY 10955 WESTMOOR DR. #400 WESTMINSTER, CO 80021 dkbcubuff@aol.com Delivered via: Electronic Mail CENTENNIAL BANK Attention: DAVID MARIEA 209 W HAMPDEN AVE ENGLEWOOD, CO 80110 303-762-9933 (work) dmariea@centennialbanking.com Delivered via: Linked Commitment Delivery CENTENNIAL BANK Attention: LORI SHELLY 209 W. HAMPDEN AVE. ENGLEWOOD, CO 80110 720-873-3777 (work) lsherry@centennialbanking.com Delivered via: Linked Commitment Delivery F" Land Title GUARANTEE COMPANY —Since 1967— Wire Instructions "Per Colorado Good Funds Statute, Land Title cannot accept funds in the form of a personal check or an ACH payment" Bank: FIRSTBANK OF COLORADO Address: 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No: 107005047 Account: 2160521825 Attention: Colin Snody Reference ABB70462209-8 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire Land Title Guarantee Company F" Estimate of Title Fees Land Title GUARANTEE COMPANY —Since 1967— Order Number: ABB70462209-8 Date: 09-24-2015 Property Address: 10140 W 44TH AVE, WHEAT RIDGE, CO 80033 Buyer/Borrower: VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller: ALBERT JOSEPH NARRACCI, JR AND THE ROCCO D. ASTUNO JR. REVOCABLE TRUST AND THE VIOLET C. ASTUNO REVOCABLE TRUST Visit Land Title's website at www.Itac.com for directions to any of our offices. ate of Title Insurance Fees ALTA Owners Policy 06-17-06 $1,607.00 Deletion of Standard Exception(s) $100.00 Endorsement ALTA 9.2-06 321.00 Endorsement ALTA 17-06 100.00 ALTA Loan Policy 06-17-06 150.00 Deletion of Standard Exceptionls) 100.00 Tax Certificate $20.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $2,398.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABB70462209-8 Customer Ref -Loan No.: Property Address: 10140 W 44TH AVE, WHEAT RIDGE, CO 80033 1. Effective Date: 09-17-2015 at 05.00:00 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $400,000.00 Proposed Insured: VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY ''ALTA" Loan Policy 06-17-06 $206.250.00 Proposed Insured: CENTENNIAL BANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ALBERT JOSEPH NARRACCI. JR AND THE ROCCO D. ASTUNO JR. REVOCABLE TRUST AND THE VIOLET C. ASTUNO REVOCABLE TRUST 5. The Land referred to in this Commitment is described as follows: LOT 1, EXCEPT THE NORTH 5 FEET THEREOF, KELLY SUBDIVISION FILING NO. 1, COUNTY OF JEFFERSON, STATE OF COLORADO. Copyright 2006-2015 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABB70462209-8 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF THE VIOLET C. ASTUNO REVOCABLE TRUST AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 2. (ITEM INTENTIONALLY DELETED) DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF THE ROCCO D. ASTUNO JR. REVOCABLE TRUST AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS, NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. (ITEM INTENTIONALLY DELETED) 5. (ITEM INTENTIONALLY DELETED) 6. (ITEM INTENTIONALLY DELETED) 7. WARRANTY DEED FROM ALBERT JOSEPH NARRACCI, JR AND THE ROCCO D. ASTUNO JR. REVOCABLE TRUST AND THE VIOLET C. ASTUNO REVOCABLE TRUST TO VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: THE TRUST AGREEMENT FOR THE VIOLET C. ASTUNO REVOCABLE TRUST DISCLOSES VIOLET C. ASTUNO AND ROCCO D. ASTUNO JR. AS THE CO -TRUSTEES THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. NOTE: THE TRUST AGREEMENT FOR THE ROCCO D. ASTUNO JR. REVOCABLE TRUST DISCLOSES ROCCO D. ASTUNO JR. AND VIOLET C. ASTUNO AS THE CO -TRUSTEES THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 8. DEED OF TRUST FROM VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF CENTENNIAL BANK TO SECURE THE SUM OF $206.250.00. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABB70462209-8 The following are the requirements to be complied with: NOTE: THE OPERATING AGREEMENT FOR VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES DONALD A. OSTWALD, LEONARD D. JONAS, LORI A. WISE AND MARIANNE MALLONEE AS THE MANAGERS. EACH OF WHOM CAN EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY BUT MUST BE APPROVED BY ALL THE MANAGERS PURSUANT TO SECTION 5.9 OF OPERATING AGREEMENT. NOTE: LAND TITLE GUARANTEE COMPANY IS IN RECEIPT OF A WRITTEN LETTER OF CONSENT FROM ALL MANAGERS AND MEMBERS OF VORTEX REAL ESTATE INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY. WHICH NAMES DONALD A. OSTWALD, JR. AS THE MANAGER AUTHORIZED TO SIGN ON BEHALF OF ALL MANAGERS AND MEMBERS. LAND TITLE GUARANTEE COMPANY IS FURTHER IN POSSESSION OF A STATEMENT OF AUTHORITY RECORDED SEPTEMBER 1, 2015 UNDER RECEPTION NO. 2015092829 STATING THE SAME. 9. (ITEM INTENTIONALLY DELETED) NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ALBERT JOSEPH NARRACCI JR AND THE ROCCO D. ASTUNO JR. REVOCABLE TRUST AND THE VIOLET C. ASTUNO REVOCABLE TRUST. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF VORTEX REAL ESTATE INVESTMENTS LLC A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2014 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS, A LIEN, BUT NOT YET DUE OR PAYABLE. pqq JOINT NOTICE OF PRIVACY POLICY OF Land Title LAND TITLE GUARANTEE COMPANY, GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, —Since r967-- LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABB70462209-8 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. LEASE DATED OCTOBER 25, 1996 WITH HARRY J.. HANLEY, INDIVIDUALLY AND D/B/A TIP TOP TREE COMPANY. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF KELLY SUBDIVISION FILING NO. 1 RECORDED OCTOBER 7, 1977 UNDER RECEPTION NO. 925357. 10. (ITEM INTENTIONALLY DELETED) 11. ANY RIGHT, TITLE, INTEREST, OR LOSS THAT MAY BE CLAIMED DUE TO THE FOLLOWING MATTERS DISCLOSED BY SURVEY PREPARED BY SURVEYING AND MAPPING, LLC DATED JUNE 12, 2015, REVISED SEPTEMBER 24, 2015, JOB NO. 1015035708: A. ENCROACHMENT OF PARKING SPACES AND CONCRETE WALLS ONTO ADJOINING PROPERTY B. ENCROACHMENT OF SHED ONTO ADJOINING PROPERTY C. ENCROACHMENT OF GARAGE INTO EASEMENT D ENCROACHMENT OF CONCRETE AND CONCRETE WALL INTO STREET RIGHT-OF-WAY LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY —Since r967— DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third parry holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. TL ti 4�Oa�c1 *I G 2P * (�, * * � : Commitment to Insure `i`(, d,o , dar.; - 7p . 0 ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or it the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: 1 1 1 1 , Old Republic National Title Insurance Company Land Title Guarantee Company ,� • PL TIT(t.' •,, a Stock Company 3033 East First Avenue �1 /�, , 400 Second Avenue South Suite 600 ��O * * * S Minneapolis, Minnesota 55401 Denver, Colorado 80206 Q * G� (612)371-1111 303-321.1880 r2 * * Z J * nCD President — �) f eY . AMERICAN John E. Freyer ���,- * * * �� LAND TITLE President ` 6 % ASSOCIATION Authorized Officer or Agent ' O,0 wN 11 11 , `� Rede Y;.—.Km, Secretary 146. 111 2015092831 9111201510:09 AM PGS 2 $16.00 DF $324.00 Electronically Recorded Jefferson County, CO Faye Gnffin Clerk and Recorder T01000 Y III ilia 11I 2111121111111111 SUN Dmcmemmy Fee i3IA.00 Special Warranty Deed (Pltrm=to 38-30-115 C.EZS.) THIS made on ^ by 43RD AVMgM PARTMRSHM, L.L.P , A COLORADO LIlKI IM LSABUZr' PAR!IXERSIEIIP Graotar(s), of the County of JEFFERSON and State of COLORADO for the oonside adan of ($3,240,1100.00) "0 7bree MMim Two Hundred Farcy Thousand and 00!100 "" dollars in hand paid, hereby sells and cmwTs to VOQ21X REAL ESTATE INVFSTMUEN15, LLC, A COLORADO LIAf rTM 7 TABE .rry COWANY Gractee(s), whose a m et address is 3695 KIPLING STREET WHEAT RIDGE, CO 80033, County of JEETMON, and State of COLORADO, the following real prnpc ty in the County of Jefferson, and State of Colarado, to wit LO'N 1 AND 2, ONYX PARK SUBDIVISION, AS AMENDED BY THE PLAT OF ONYX PARK SUBDTVMON AMENDMENT NO.1 RECORDED NOVENINER I8, IM UNDER RECEPTION NO. 17097661(6, COUNTY OF JEFFERSON, STATE OF COLORADO. also ]mown by Street and munber all: 10055 W 43RD AVENUE WHEAT RIDGE CO 60033 with all its appurtamm and wm7sats the title against all persans claiunder the Grantnr(s), sages to b parnnl aaxes and assessrnertts for the year 2015 and subsequent years and &rase specific exceptions set forth in the aaached 'EAhlitA' State of COLORADO ) Coutrty of 1�Y1 � � 43RD AVENUE PARTNERSHW L.E.P., A COLORADO T J7rED LIABILITY PARTNERSHIP The foregoing irk was acknowledged before me m dda day of mmbGim E*m 09 1pig by ALIEN Y. TO(UMIARA AS MANAGING PART24ER OF 43RD A PARTNER *11P, 1-1- A COLORADO LLMTTED LIABII,TTY PARIWE ISHIP Witness my hand and officials j �^ My Commission expires otary Form 13767 01/2011 swdA& Special Warranty Decd (Photographic) ABB7t1146554 (228630&1) !T7 F—XBM TT A Permitted Exceptions 1. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NMES ON THE PLAT OF KIPLING VENTURES SUBDIVISION RECORDED FEBRUARY 24, L982 UNDER RECEPTION NO.82012033. 2. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF TENNIS CENTER AT CLEAR CREEK AND THE TENNIS CENTER AT CLEAR CREEK COIaII9ED OUILiNE do FINAL PLAN RECORDED JUNE 29, 1986 UNDER RECEPTION NO. 69063164, 3_ WATER AND WATER RIGHTS AS CONVEYED TO THE CITY OF WHEAT RIDGE BY THE DEED RECORDED JANUARY 2, 1990 UNDER RECEPTION NO.90000078, 4. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ONYX PARK DEVELOPMENT OUTLINE TITLE DEVELOPMENT PLAN RECORDED SEP TE, ER 20 1994 UNDER RECEPTION NO.94153569. S. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ONYX PARK SUBDMSION RECORDED APRIL 24,1995 UNDER RECEPTION NO, P0044228 AND THE PLAT OF ONYX PARK SUBBDMSION AMENDMENT NO.1 RECORDED NOVEMBER 19, 1999 UNDER RECEPTION No. F0979586. 6. TRIUAS, CONDTTIIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ONYX PARK DEVELOPMENT COMBINED OUTLINE & FINAL DIrMOPMENT PLAN RECORDED JUNE 06, 1M UNDER RECEPTION NO. F0066126. 7. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AND IMPOSED BY REZONING ORDINANCE NO. 959, SERIES OF 1994, RECORDED SEPTEMBER 23, 1998 UNDER RF. EVnON NO. F0700155. 8. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LOT 1, ONYX PARK DEVELOPMENT FINAL DEVELOPMENT PLAN RECORDED APRIL 03, 2000 UNDER RECEPTION NO. F103GS27 AND AMENDMENT NO. 1 THERETO RECORDED DPjMaER 14.2006 UNDER RECEPT70N NO. 200614741-9. 9. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE FRUITDALE SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JUNE 06, 2000, UNDER RECEPTION NO. F10664OZ 10, ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXTST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CBRTEUD JUNE 12, 2015 PREPARED BY SAM SURVEYING- AERIAL-MAPPING-FNGINEERING, JOB #1015035708 FENCE LINES DO NOT CORRESPOND WITH PROPERTY LOT LINES GAS MAWS TRAVERSE SUBJECT PROPERTY IN A GENFRALLY NORTHERN DIRECTION OUTSIDE OF ESTABLISHED EASE MnS OVER A CENTRAL PORTION OF SUBJECT PROPERTY. Forth 13767 01/011 swd.adt Special Warranty Deed (Photographic) ABB7044GS54 {22983084} City or Wheat "I ge PUBLIC WORKS Geodetic Surveying Requirements for Final Plats TITLE OF PLAT: WheUt F Zdae lius?;tt,( l l�yhiniS�royC Sw�di�;so,� 1�} 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 111"' 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 comers, 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 comers 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. 7a 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 tc6. 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) 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). 1 hereby acknowledge all the above requirements have been addressed in a full and complete manner. Surveyor Name (Please Print) Surveyor Signature Sv �y�i��i��r-►�r� �J�,t_c._ c. U t Firm IDate 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 SPECIAL WARRANTY DEED THIS DEED, made effective this 25`s day of September, 2015, from THE ROCCO D. ASTUNO, JR., REVOCABLE TRUST, THE VIOLET C. ASTUNO REVOCABLE TRUST, and ALBERT JOSEPH NARRACCI, JR., individually (collectively, "Grantor"), to VORTEX REAL ESTATE INVESTMENTS, LLC, a Colorado limited liability company ("Grantee"), whose address is 3695 Kipling Street, Wheat Ridge, CO 80033. WITNESS, that Grantor, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, 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 Grantee, its successors and assigns forever, the following real property located in the County of Jefferson, State of Colorado: LOT 1, EXCEPT THE NORTH 5 FEET THEREOF, KELLY SUBDIVISION FILING NO. 1, COUNTY OF JEFFERSON, STATE OF COLORADO. TOGETHER with all buildings, structures and improvements thereon, and all reversions, remainders, easements, rights-of-way, development rights, appurtenances and hereditaments appertaining to or otherwise benefiting or used in connection thereof, if any, but excluding any and all water or mineral rights; and all of Grantor's right, title and interest in and to any strips of land, streets and alleys abutting or adjoining such premises, if any; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above -bargained premises with the hereditaments and appurtenances (the "Property"); TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns forever. Grantor, for itself and its successors and assigns, does covenant and agree that it shall and will warrant and forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject only to those specific exceptions set forth on Exhibit A attached hereto. (Signature Pages Follow) 22596268 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date first above written. THE ROCCO D. ASTUNO, JR., REVOCABLE TRUST Name: Violet C. Astuno Title: Co -Trustee By: Name: R cco D. Astuno, Jr. Title: Co -Trustee TIE VIOLET C. ASTUNO REVOCABLE TRUST By: G'Y Name: Violet C. Astuno Title: Co -Trustee i Name: Rocco D. A o, Jr. Title: Co -Trustee ALBERT JOSEPH NARRACCI, JR. Albert Josea N cci,r., individuallyv 2 22596268 STATE OF a6 ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this V5 day of September, 2015, by Violet C. Astuno as the Co -Trustee of the Rocco D. Astuno, Jr., Revocable Trust. Witness my hand and official seal. My commission expires: 411 11-7 STATE OF _) ss: COUNTY OF ) Notary Publ KAREN SPAID NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134008295 MY COMMISSION EXPIRES 02/1412017 The foregoing instrument was acknowledged before me this 95 day of September, 2015, by Rocco D. Astuno, Jr. as the Co -Trustee of the Rocco D. Astuno, Jr., Revocable Trust. Witness my hand and official seal. My commission expires: P -j> -u l 1 STATE OF ss: COUNTY OF J r ) Notary Publip KAREN SPAID NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134008295 MY COMMISSION EXPIRES 0211412017 The foregoing instrument was acknowledged before me this StS day of September, 2015, by Violet C. Astuno as the Co -Trustee of the Violet C. Astuno Revocable Trust. Witness my hand and official seal. My commission expirej: Notary Public Af KAREN SPAID 3 NOTARY PUBLIC 22596268 STATE OF COLORADO NOTARY ID 20134008295 MY COMMISSION EXPIRES 02/1412017 STATE OF CO I D ) ss: COUNTY OF Q ) The foregoing instrument was acknowledged before me this o i— day of September, 2015, by Rocco D. Astuno, Jr. as the Co -Trustee of the Violet C. Astuno Revocable Trust. Witness my hand and official seal. My commission expires: a%1` 117 STATE OF `-0 0 y ) ) ss: COUNTY OF Notary Public KAREN SPAID NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134008295 MY COMMISSION EXPIRES 02/1412017 The foregoing instrument was acknowledged before me this day of September, 2015, by Albert Joseph Narracci, Jr. Witness my hand and official seal. My commission expires: Notary Public A N SPAIDY PUBLIC COLORADO 20134008295EXPIRES 02H4/201T 4 22596268 Exhibit A Permitted Exceptions 1. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF KELLY SUBDIVISION FILING NO. 1 RECORDED OCTOBER 7, 1977 UNDER RECEPTION NO. 925357. 5 22596268 City of Wheat Ridne 84/15/2816 11:83 CDP-, ZONING APPLICATION rEE4 M8138;31 AM3�JHT rMSD ZONING APPLICATION FEES 1,466M PAYMENT RECEIVED AMUAT CHECK: 1872 i.46y,d9 TOTAL 1,4b,8b City of '� Wheat �idge LAND USE CASE PROCESSING APPLICATION th Community Development Department 7500 West 29 Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant r�I e&i M&r ( 7-F h91 Address _I � 610J-oc L o �I ,S �r7/� City �� State Phone -72-0 Zip 9��_Fax Owne eV Q .Address�;�(Ogs- �! Sli. City c` t✓ State ((JJ�-�r Zip LU �— Phone — Contact re -4e — r°-1/1 f` M1 L r'�(� � Address 2 �A k0_ City J State Zip Phone (The person listed as contact will be contacted to answer questions regarding this application, rovide 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): 1014-01'" W, 44r� 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 Consolidation Plat 4 Subdivision: Minor (5 lots or less) 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: Assessors Parcel Number i -a (( - I I ' 032 Current Zoning: Size of Lot (acres or square footage): -D e C-1 Current Use: Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this app/ication, 1 am is acting with the knowledge and consent of those perso s listed above, without whose consent tl�e requested aclion cannot lawfully accomplished. Applicants other than owners must submit pow r-oI , ttorney from the owner wh' h approved of this action on his behalf. Notarized Signature of Applicant State of Colo County add ) ss of The foregoing instrument (Land Use Processing A lication) was acknowledgedAA; iA by e t is,- day of I U88A MACKEY , 201 by_c G (t TARY PUBLIC r)] '/Wal Mo Foe OF COLORADO 7NOTARY otary Pu is My commission expires 6 -T/ N /20 ID 20134042377 ON EXPIRES JULY 9, 2017 To be filled out by staff: Date received Fee $ I•yT Gp.� Receipt No. Comp Plan Design. Zonin g �QM23R a` Dn Case No. Q Related Case No. Pre -App Mtg. Date t Quarter Section Map �� Case Manager e c r 4�