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Home My WebLink AboutWV-15-01City of OMCOMMUNiTy WheatIidge .DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. 303.235.2857 July 22, 2015 Joshua Steck 1423 S. Pearl Street Denver, CO 80210-2226 Dear Mr. Steck: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: At its meeting of June 22, 2015, City Council APPROVED Case No. WV-15-01/Steck, a request for an easement vacation of a 50' wide utility easement on property zoned Residential -Three (R-3) located at 3601 Eaton Street. If you have not already done so, please remove the posting signs associated with this case from the property. Feel free to contact me at 303-235-2846 if you have any questions. Sincerely, /v� lt✓, } l Dana LaPointe Administrative Assistant Enclosure: Ordinance No. 1573 Draft of June 22, 2015 City Council Minutes cc: WV -15-01 (case file) www.ci.wheatridge.co.us 2015064408 6/24/20151:45 PM PGS 5 $31.00 DF $0.00 Electronically Recorded Jefferson County, Co Faye Griffin, Clerk and Recorder TD10o0 N CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 11 ORDINANCE NO. 1573 Series of 2015 TITLE: AN ORDINANCE VACATING AN EXISTING UTILITY EASEMENT ON PROPERTY ZONED RESIDENTIAL -THREE (R- 3) LOCATED AT 3601 EATON STREET (CASE NO. WV-15- 01/STRECK) WHEREAS, the property located at 3601 Eaton Street has R-3 zoning and has an existing 13- unit multi -family structure on it; and, WHEREAS, West 36th Place dead -ends at the northeast corner of the property; and, WHEREAS, 50 feet of right-of-way for West 36th Place originally extended along the northern boundary of the property to the western property line and was vacated by Jefferson County in 1958; and, WHEREAS, the vacation action retained a 50 -foot -wide utility easement along the northern portion of the property to the western property line; and, WHEREAS, in 1961 a building permit was issued by Jefferson County for construction of the building on top of the utility easement; and, WHEREAS, the subject easement is not needed for utility purposes as provided in writing by the individual utility companies. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Joshua Steck for approval of an easement vacation on property located at 3601 Eaton Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a utility easement vacation is approved for the following described land: Easements to be vacated as reserved in the resolution recorded in the Jefferson County Clerk and Recorder's Office at Reception Number 726619, Book 1137, Page 117 dated 8/18/1958 over, under and across a portion of a parcel of land as described in the Jefferson County Clerk and Recorders Office at Reception Number F0002636 dated 1/6/1995, located in the Northeast quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being more particularly described as follows: Considering the west line of the Eaton Street right-of-way assumed to bear south, with all bearings contained herein relative thereto. The South 40 feet of the North 250 feet of the East 9-1/2 rods of the west 19 rods of the SE1/4 NW1/4 NE1/4 of Section 25, T3S, R69W. Said vacated easement containing 6270 square feet or. 14 acres, more or less. Section 2. Vested Property Rights Approval of this vacation does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section S. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of June, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, June 22, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect immediately after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 22nd day of June, 2015. SIGNED by the Mayor on this 22nd day of June , 2015. ATTEST: rn �7AL rn ja�e Shaver, City Clerk \000RIO Approved-a$-4o)Form: i St publication: June 11, 2015 GerAr Dahl, City Attorney 2nd publication: June 25, 2015 Wheat Ridge Transcript: Effective Date: June 25, 2015 EXHIBIT I:A„ LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COT .nR Ann SHEET 1 OF €EASEMENTS TO BE VACATED AS RESERVED IN THE RESOLUTION RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 726619, BOOK 1137, PAGE 117 DATED 8/18/1958 OVER, UNDER, AND ACROSS A PORTION OF A PARCEL OF LAND AS DESCRIBED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER F00D2636 DATED 1/6/1995. LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE EATON STREET RIGHT—OF—WAY ASSUMED TO BEAR SOUTH, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE SOUTH 40 FEET OF THE NORTH 250 FEET OF THE EAST 9 1/2 RODS OF THE WEST 19 RODS OF THE SE1/4 NW1/4 NE1/4 OF SECTION 25, T3S, R69W. SAID VACATED EASEMENT CONTAINING 6,270 SQ.FT. OR 0.14 ACRES, MORE OR LESS I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS PARCEL DESCRIPTION AND ATTACHED EXHIBIT, BEING MADE A PART THEREOF, WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE REQUEST OF THE CLIENT AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY OR SUBDIVIDE LAND IN VIOLATION OF STATE STATUTE. JOHN B. GUYTON COLORADO P.L.S. #16406 % v G.;;`.7,�,•, .• FSI CHAIRMAN/CEO, FLATIRONS, INC''' JOB NUMBER: 15-65,498 DRAWN BY: W. BECKETT DATE: MAY 5, 2015 JOB NO. 15-65,498 THIS IS NOT A 'LAND SURREY PLAT' OR 'IMPROVEMENT SURVEY PLAT' AND NOT INTENDED FOR PURPOSES OF TRANSFER WN THIS EXHIBIT IS OF 117 OR SUBDIVISIONS LANG. RECORD INFORMATION SHOHEREON IS BASED ON INFORWATION PROVIDED BY CLIENT A wssruns, inn, Surveying, Engineering & Geo natics 3825 IRIS AVE, STE 395 BOULDER, CO 80301 PH: (303) 443-7001 FAX: (303) 443-9830 c g� �2 LL vvvvvv��ttt EXHIBIT NA,/ LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 1 T W. 37TH AVE. N UNPLATTED UNPLATTED ~I Z (7)1 O NE COR. SEI/4 NW1/4 NE1/4 SECTION 25, T3S, R69W 421j.5- NST LOT 9 LOT 8 I LOT 7 N g� � j W W. 36TH PL. LOT 10 N` 3601 EAtpf sr. REG No. ASPHALT - FD002638 DA1ED 1/15/1 v) PARKING �O W J JOB NUMBER: 15-65,498 Flatirons Inc. F DATE: BY: W. BECKETT Surveying, Engineering & Geomw cs W DATE: MAY 5, 2015 3825 IRIS AVE, STE 395 Lj THIS IS NOT A 'LAND SURVEY PLAT` OR 'IMPROVEMENT SURVEY PLAT' AND THIS EXHIBIT IS BOULDER, CO 80301 m NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND RECORD PH: (303) 443-7001 m INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. FAX: (303) 443-9830 DRAFT �i iT-ft---Dolif [5�-1Uf��j CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29T" AVENUE, MUNICIPAL BUILDING June 22, 2015 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jerry DiTullio Zachary Urban Kristi Davis Bud Starker Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; Administrative Services Director, Heather Geyer; other staff, guests and interested citizens. APPROVAL OF MINUTES OF April 27, 2015 and June 8, 2015 Without objection the minutes of April 27, 2015 and June 8, 2015 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Vivian Vos (WR) spoke about last weeks' Urban Renewal Authority meeting that she attended. At the end of the meeting under general discussion one of the URA member said citizens don't know what they want — noting that no one asks him questions when they find out he's on Urban Renewal. She pointed to community events, surveys, and votes the citizens have participated in, to let everyone know that citizens do care. John Clark (WR) related having a meeting at work about respect. Respect is earned. He hears councilmembers talking about respecting the office, but they don't respect the voters and their constituents. People come in to speak their mind in a respectful way, and he asked Council to be respectful and not roll their eyes in disgust or sigh when people speak. When people voted no on 2A and 213, 60% to 40%, it's disrespectful to ignore that and say they don't know what they want. If Council is going to tell others to be respectful, please be respectful yourselves. APPROVAL OF AGENDA repealing and reenacting Section 23-1 of the Code of Laws on second reading, and that it take effect 15 days after final publication; seconded by Councilmember Pond; carried 8-0. 2. Resolution No. 31-2015 — a Resolution Approving a twenty-five lot Re- subdivision Plat with a Right -of -Way dedication for property zoned Planned Residential Development (PRD) at 5220 Quail Street (Case No. WS-15-02/Quail Ridge). Councilmember Wooden introduced Resolution No. 31-2015. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation Meredith Reckert, Senior Planner, entered into the record the case file, packet material, zoning ordinance, and contents of the digital presentation. She testified that all proper posting and notification requirements have been met. • The property is about 6 acres located north of Ridge Road at the north east corner of Ridge and Quail Street. • Quail Street is currently unpaved and provides access to several homes to the north. The subject property has on it one currently -vacant house. Properties to the east and west are in Arvada. To the north are several sf homes zoned A-1. South, across Ridge Road, is a 1 00f right -of way owned by RTD. The purpose of the subdivision is to prepare the site for the development of a new 25 -lot single family residential neighborhood. • The property was rezoned in 2006 and later platted for 25 units, but our road standards have since changed. • This property is half way between the Ward Road Stations and the Kipling Ridge Station in Arvada. Tree lawns and separated sidewalks are now required. • The ODP and Final Development Plan are still valid documents and do not need revisions. Major drainage work has occurred to accommodate light rail construction. Ms. Reckert explained the plat document noting that the second page vacates the old lot lines and the third page replats the subdivision by modifying lot sizes and widths. All lot areas and widths exceed the minimums established by the ODP. The street layout remains the same, but additional right-of-way is required for wider streets, buffer/amenity zones, sidewalks, bike lanes and on -street parking. All utility agencies can serve the property. Improvements will be installed at the developer's expense. Public works has approved the drainage plan. Staff is requesting a fee in lieu of parkland dedication of about $50,000. Planning Commission and staff recommend approval. Council questions Previously requested revisions have been made. The fire hydrant issue is being addressed. The parkland fees are about $2,500 per household. It's a little less if it's close to light rail. F3_ Council Bill 11-2015 — an ordinance vacating an existing Utility Easement on property zoned Residential -Three (R-3) located at 3601 Eaton Street (Case No. WV-15-01/Streck) Councilmember Starker introduced Council Bill 11-2015 City Clerk Shaver assigned Ordinance No. 1573. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation Meredith Reckert entered into the record the case file, packet material and contents of the digital presentation. She testified that all proper posting and notification requirements have been met. She noted that the vacation of a utility easement is a rare type of vacation. The subject property on the SW corner of Eaton and 36th Place is zoned R-3 and houses a 13 -unit apartment complex. History: West 36th Place was dedicated to Jefferson County in 1957 by a deed. In 1958 the County vacated the right of way for the street, but retained the easement. In 1961 the County issued a building permit for the apartments which places the structure directly on top of the utility easement. There is currently a potential buyer for the property and the title company would like to clear this up. The intent is to vacate the easement. All agencies have indicated in writing they have no need for this easement and do not object to this vacation request. Staff recommends approval. Public comment Arthur Spearman (WR) lives in the apartments. He asked if there are any underground utilities in this easement. Ms. Reckert said there were not. Mayor Jay closed the public hearing. Motion by Councilmember Starker to approve Council Bill No. 11-2015, an ordinance vacating an existing utility easement on property zoned Residential -Three (R-3) located at 3601 Eaton Street on second reading and that it take effect immediately after final publication; seconded by Councilmember DiTullio; carried 8-0. t_i� 4. Council Bill 12-2015 — amending Article V of Chapter 19 of the Wheat Ridge Code of Laws concerning Alarm Systems Councilmember Langworthy introduced Council Bill 12-2015 City Clerk Shaver assigned Ordinance No. 1574. Mayor Jay opened the public hearing. There was no staff report. Case No. WV -15-01/3601 Eaton A request for approval of a vacation of an existing utility easement for property located at 3601 Eaton Street City Council Jw 22, 2015 MSI �M �•' 6/23/2015 1 City of vv heatljdge ITEM NO: DATE: June 22, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2015 - AN ORDINANCE VACATING AN EXISTING UTILITY EASEMENT ON PROPERTY ZONED RESIDENTIAL -THREE (R-3) LOCATED AT 3601 EATON STREET (CASE NO. WV-15-01/STECI) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (06/08/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2" READING (06/22/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: YES " NO Community Develop n i r City Manager ISSUE: The applicant is requesting approval of an easement vacation on property located at 3601 Eaton. The property has an existing 13 -unit multi -family structure and associated parking and landscaping on it. The property has a 50 -foot wide utility easement running beneath the building which the potential buyer would like to have vacated. There are no overhead or underground utilities located in the easement. PRIOR ACTION: The easement area was previously public street right-of-way in Jefferson County. Prior to the City's incorporation, the county vacated the right-of-way but retained an easement. FINANCIAL IMPACT: Fees in the amount of $100 were collected for the review and processing of Case No WV -15-01. BACKGROUND: The subject property is located at 3601 Eaton Street at the southwest corner of Eaton and West 36th Place. Right-of-way for West 36th Place was dedicated to Jefferson County by a deed in 1957. The 50 feet of right-of-way extended across the northern portion of the lot to its western boundary. In 1958, Jefferson County vacated this portion of the right-of-way for West 36th Place Council Action Form — Eaton Utility Easement June 22, 2015 Page 2 but retained a 50 -foot- wide utility easement. In 1961, Jefferson County approved a building permit for construction of the existing apartment building across the easement. The property is under contract for purchase by a new owner. The title company has recommended that the easement be vacated due to its location under the existing structure. It is the intent of this ordinance to vacate the utility easement. All servicing utility districts have indicated in writing that they have no facilities in the subject easement and have no objection to the vacation request. The agencies include Xcel Energy, Wheat Ridge Water District, CenturyLink, Comcast, Denver Water, Wheat Ridge Fire Protection District and Wheat Ridge Sanitation District. Public Works has reviewed and approved the legal description and drawing exhibit. RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2015, an ordinance vacating an existing utility easement on property zoned Residential -Three (R-3) located at 3601 Eaton Street on second reading and that it take effect immediately after final publication." Or, "I move to postpone indefinitely Council Bill No. 11-2015, an ordinance vacating an existing utility easement on property zoned Residential -Three (R-3) located at 3601 Eaton Street on second reading for the following reason(s) " REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2015 2. Easement Exhibit CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE VACATING AN EXISTING UTILITY EASEMENT ON PROPERTY ZONED RESIDENTIAL -THREE (R-3) LOCATED AT 3601 EATON STREET (CASE NO. WV-15-01/STRECK) WHEREAS, the property located at 3601 Eaton Street has R-3 zoning and has an existing 13- unit multi -family structure on it; and, WHEREAS, West 36th Place dead -ends at the northeast corner of the property; and, WHEREAS, 50 feet of right-of-way for West 36th Place originally extended along the northern boundary of the property to the western property line and was vacated by Jefferson County in 1958; and, WHEREAS, the vacation action retained a 50 -foot -wide utility easement along the northern portion of the property to the western property line; and, WHEREAS, in 1961 a building permit was issued by Jefferson County for construction of the building on top of the utility easement; and, WHEREAS, the subject easement is not needed for utility purposes as provided in writing by the individual utility companies. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Joshua Steck for approval of an easement vacation on property located at 3601 Eaton Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a utility easement vacation is approved for the following described land: Easements to be vacated as reserved in the resolution recorded in the Jefferson County Clerk and Recorder's Office at Reception Number 726619, Book 1137, Page 117 dated 8/18/1958 over, under and across a portion of a parcel of land as described in the Jefferson County Clerk and Recorders Office at Reception Number F0002636 dated 1/6/1995, located in the Northeast quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being more particularly described as follows: Considering the west line of the Eaton Street right-of-way assumed to bear south, with all bearings contained herein relative thereto. Attachment 1 The South 40 feet of the North 250 feet of the East 9-1/2 rods of the west 19 rods of the SE1/4 NW1/4 NE1/4 of Section 25, T3S, R69W. Said vacated easement containing 6270 square feet or .14 acres, more or less. Section 2. Vested Property Rights. Approval of this vacation does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this Stn day of June, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, June 22, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect immediately after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 22nd day of June, 2015. SIGNED by the Mayor on this day of Joyce Jay, Mayor I,XIIII11 *15 Janelle Shaver, City Clerk , 2015. Approved as to Form: Gerald Dahl, City Attorney 1 St publication: June 11, 2015 2nd publication: Wheat Ridge Transcript: Effective Date: EXHIBIT "A" LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 EASEMENTS TO BE VACATED AS RESERVED IN THE RESOLUTION RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 726619, BOOK 1137, PAGE 117 DATED 8/18/1958 OVER, UNDER, AND ACROSS A PORTION OF A PARCEL OF LAND AS DESCRIBED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER F0002636 DATED 1/6/1995, LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE EATON STREET RIGHT—OF—WAY ASSUMED TO BEAR SOUTH, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE SOUTH 40 FEET OF THE NORTH 250 FEET OF THE EAST 9 1/2 RODS OF THE WEST 19 RODS OF THE SE1/4 NW1/4 NE1/4 OF SECTION 25, T3S, R69W. SAID VACATED EASEMENT CONTAINING 6,270 SQ.FT. OR 0.14 ACRES, MORE OR LESS. I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS PARCEL DESCRIPTION AND ATTACHED EXHIBIT, BEING MADE A PART THEREOF, WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE REQUEST OF THE CLIENT AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY OR SUBDIVIDE LAND IN VIOLATION OF STATE STATUTE. JOHN B. GUYTON COLORADO P.L.S. #16406 .� :;` �1 ; FSI JOB NO. 15-65,498 CHAIRMAN/CEO, FLATIRONS, INC: ,`i/,�I�II�IFaQ\\` JOB NUMBER: 15-65,498 DRAWN BY: W. BECKETT DATE: MAY 5, 2015 THIS IS NOT A 'LAND SURVEY PIAT' OR "IMPROVEMENT SURVEY PLAT' AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. Attachment 2 i 0 w EXHIBIT "A" LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 1 NE COR. SE1/4 NW1/4 NE1/4 SECTION 25, T3S, R69W� 346.5' WEST W. 37TH AVE. o LOT 9 I IUNPLATTED I I LOT 8 — rn I N . 20' I I UNPLATTED I N Z (Z)J I o 20 w O UTILITY EASEMENT (TO BE VACATED) Q BOOK 1137, PAGE 117 w 1 icon - s0 n DATED AUGUST 18, 1958 p WEST 136.75' L7 N EAST 9 1/2 RODS 156.75'04 E MENT TO D =� z — _ (n 2 :i�1 j N W F- W. 36TH PL. 00 EAST 9 1/2 RODS OF THE WEST 19 RODS OF THE SE1/4 NWI/4 NE1/4 SEC. 25 (156,75') LOT 10 sqp RTo r � .. �.. \ 111107 �0�F/VT eq r 3601 EATON ST. REC. NO. ASPHALT F0002636 DATED 1/8/1995 PARKING- l�� t s: JOB NUMBER: 15-65,498 Flatirons, Inc. DRAWN BY: W. BECKETT Surveying, Engineering & Geomalics DATE: MAY 5, 2015 AjQk3825 IRIS AVE, STE 395 THIS IS NOT A 'LAND SURVEY PLAT' OR 'IMPROVEMENT SURVEY PLAY AND THIS EXHIBIT IS BOULDER, CO 80301 NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD INFPH: (303) 443-7001 ORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. FAX: (303) 443-9830 www. Flanronslnacom City of WheatR.,,0.-dge POSTING CERTIFICATION CASE NO. WV -(S -C, PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: Cpl ZZ I Is— I, J cacti 's -h (n a in e) residing at lz I Z3 S - Pe,(4 ✓' ( �; f - . DeA tel— CD 5-0 z z'� �,/'f (address) VV- as the applicant for Case No.V (s��, , hereby certify that I have posted the Notice of Public Hearing at j�(,g Anin S�- (location) on this _ day of � (,A 20 t S , and do hereby certify that said sign has been posted and remained in place for fifteen (l 5) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. City of Wheat] ,idqC ITEM NO: J V DATE: June 8, 2015 r r REQUEST FOR CITY COUNCIL ACTION X \J r®r OIIY ctz, TITLE: COUNCIL BILL NO. 11-2015 - AN ORDINANCE VACATING AN EXISTING UTILITY EASEMENT ON PROPERTY ZONED RESIDENTIAL -THREE (R-3) LOCATED AT 3601 EATON STREET (CASE NO. WV-15-01/STECK) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL Community ISSUE: ® ORDMANCE�FOR 1sT READING (06/08/2015) ❑ ORDINANCES FOR 2ND READING (06/22/2015) ® YES ❑ NO D)A-h I; it c� o City Manager The applicant is requesting approval of an easement vacation on property located at 3601 Eaton. The property has an existing 13 -unit multi -family structure and associated parking and landscaping on it. The property has a 50 -foot wide utility easement running beneath the building which the potential buyer would like to have vacated. There are no overhead or underground utilities located in the easement. PRIOR ACTION: The easement area was previously public street right-of-way in Jefferson County. Prior to the City's incorporation, the county vacated the right-of-way but retained an easement. FINANCIAL IMPACT: Fees in the amount of $100 were collected for the review and processing of Case No WV -15-01. BACKGROUND: The subject property is located at 3601 Eaton Street at the southwest corner of Eaton and West 36th Place. Right-of-way for West 36th Place was dedicated to Jefferson County by a deed in 1957. The 50 feet of right-of-way extended across the northern portion of the lot to its western boundary. In 1958, Jefferson County vacated this portion of the right-of-way for West 36th Place Council Action Form — Eaton Utility Easement June 08, 2015 Page 2 but retained a 50 -foot- wide utility easement. In 1961, Jefferson County approved a building permit for construction of the existing apartment building across the easement. The property is under contract for purchase by a new owner. The title company has recommended that the easement be vacated due to its location under the existing structure. It is the intent of this ordinance to vacate the utility easement. All servicing utility districts have indicated in writing that they have no facilities in the subject easement and have no objection to the vacation request. The agencies include Xcel Energy, Wheat Ridge Water District, CenturyLink, Comcast, Denver Water, Wheat Ridge Fire Protection District and Wheat Ridge Sanitation District. Public Works has reviewed and approved the legal description and drawing exhibit. RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2015, an ordinance vacating an existing utility easement on property zoned Residential -Three (R-3) located at 3601 Eaton Street on first reading, order it published, public hearing set for Monday, June 22, 2015 at 7 p.m. in City Council Chambers, and that it take effect immediately after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE VACATING AN EXISTING UTILITY EASEMENT ON PROPERTY ZONED RESIDENTIAL -THREE (R- 3) LOCATED AT 3601 EATON STREET (CASE NO. WV-15- 01/STRECK) WHEREAS, the property located at 3601 Eaton Street has R-3 zoning and has an existing 13- unit multi -family structure on it; and, WHEREAS, West 36th Place dead -ends at the northeast corner of the property; and, WHEREAS, 50 feet of right-of-way for West 36th Place originally extended along the northern boundary of the property to the western property line and was vacated by Jefferson County in 1958; and, WHEREAS, the vacation action retained a 50 -foot -wide utility easement along the northern portion of the property to the western property line; and, WHEREAS, in 1961 a building permit was issued by Jefferson County for construction of the building on top of the utility easement; and, WHEREAS, the subject easement is not needed for utility purposes as provided in writing by the individual utility companies. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Joshua Steck for approval of an easement vacation on property located at 3601 Eaton Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a utility easement vacation is approved for the following described land: Easements to be vacated as reserved in the resolution recorded in the Jefferson County Clerk and Recorder's Office at Reception Number 726619, Book 1137, Page 117 dated 8/18/1958 over, under and across a portion of a parcel of land as described in the Jefferson County Clerk and Recorders Office at Reception Number F0002636 dated 1/6/1995, located in the Northeast quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being more particularly described as follows: ATTACHMENT 1 Considering the west line of the Eaton Street right-of-way assumed to bear south, with all bearings contained herein relative thereto. The South 40 feet of the North 250 feet of the East 9-1/2 rods of the west 19 rods of the SE1/4 NW1/4 NE1/4 of Section 25, T3S, R69W. Said vacated easement containing 6270 square feet or. 14 acres, more or less. Section 2. Vested Property Rights. Approval of this vacation does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4 Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of —to _ on this 8th day of June, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, June 22, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect immediately after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 22nd day of June, 2015. SIGNED by the Mayor on this day of )2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on June 22 2015 at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WV -15-01: A request for an easement vacation for a 50 -foot wide utility easement on property zoned R-3 located at 3601 Eaton Street and legally described as follows: EASEMENTS TO BE VACATED AS RESERVED IN THE RESOLUTION RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NUMBER 726619, BOOK 1137, PAGE 117 DATED 8/18/1958 OVER, UNDER AND ACROSS A PORTION OF A PARCEL OF LAND AS DESCRIBED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER F0002636 DATED 1/6/1995, LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE EATON STREET RIGHT-OF-WAY ASSUMED TO BEAR SOUTH, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE SOUTH 40' OF THE NORTH 250' OF THE EAST 9-1/2 RODS OF THE WEST 19 RODS OF THE SEI/4 NW1/4 NEI/4 OF SECTION 25, T3S, R69W. SAID VACATED EASEMENT CONTAINING 6270 SQUARE FEET OR .14 ACRES, MORE OR LESS. Kim Waggoncr, Ad ;tini ,tralwc Asmstafit CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE CITY COUNCIL NOTICE IS HEREBY GIVEN that the Wheat Ridge City Council will conduct a Public Hearing on June 22, 2015 at 7:00 p.m. in the City Council Chambers, Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado, to consider Case No. WV -15-01, a request for an easement vacation for a 50 -foot wide utility easement on property zoned R-3 located at 3601 Eaton Street. The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridbe.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Denver Post, June 4, 2015 Meredith Reckert From: Dave Brossman Sent: Friday, May 29, 2015 12:44 PM To: Meredith Reckert Subject: RE: vacation 3}j2' 3y'2' ROW deeded - Book 1041, Page 520 UTILITY EASEl, N" - 1300K 1137. PAGE 117 DATED AUGUST 113, 1958 0 t� tai 9 U) 3601 Eaton Street Timeline: CENTERLINE OF THE ROCKY NCIINTAIN DITCH F— V) Z Q st w 0 1. ROW originally dedicated to Jefferson County through DEED recorded at 1041-520 on Jan. 23, 1957. 2. ROW vacated and easements reserved by Jefferson County for utilities and ditches, if any, by RESOLUTION recorded at 1137-117 on Aug. 18, 1958. 3. The City of Wheat Ridge incorporates in 1969 and inherits all Rights -of -Way and easements originally belonging to the County. 4. From 1969 forward the Utility Easement belongs to the City of Wheat Ridge. David F. Brossman, PLS Development Review Engineer/City Surveyor Phone & Fax: 303.235.2864 'Lily, of Wheaticlgc PUBLIC: WORKS �" From: Meredith Reckert Sent: Friday, May 29, 2015 11:50 AM To: Dave Brossman Subject: vacation Hi, Dave I've gone ahead and started preparing documents for the 3601 Eaton Street vacation and was hoping to get a little more background info that Mark found in his research. Can you help me with this? Thanks - M Meredith Reckert From: Meredith Reckert Sent: Wednesday, April 15, 2015 10:39 AM To: dbrossman@ci.wheatridge.co.us; Mark Van Nattan Subject: FW: Commitment (3601 EATON ST)(buyer/owner JEREMY DUHON)(our 70440812) Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 City of -Roan �Cohe�tUavd-r� ilrvrat�rMlav� From: Mansour, Nicole[mailto:Nicole.Mansour@efirstbank.com] Sent: Monday, April 13, 2015 9:18 AM To: Meredith Reckert Cc: Josh Steck Subject: RE: Commitment (3601 EATON ST)(buyer/owner JEREMY DUHON)(our 70440812) Hi Meredith, Thanks again for taking my call this morning. The issue we were discussing is shown on exception #13 — with a copy of the resolution (#10) and the ILC that shows the utility easement as a link. Please let me know what we need to do to get this taken care of. If there is a way to know today that there is no longer a need for the easement, that would be ideal. I know that the official process will take weeks, but any information you can provide today would be extremely helpful. Thanks again and please let me know if I can provide additional information, Nicole Nicole M. Mansour Senior Vice President — Boulder FirstBank 500 South McCaslin Boulevard Louisville, CO 80027 T 303.543.3642 1 F 303.543.3655 NMLS ID#566265 www.efirstbank.com �;- _ °'EN" ag From: Mansour, Nicole Sent: Monday, April 13, 2015 9:01 AM To: 'mreckert@ci.wheatridge.co.us' Subject: FW: Commitment (3601 EATON ST)(buyer/owner JEREMY DUHON)(our 70440812) 1 From: Botarelli, Sandra Sent: Friday, April 10, 2015 11:36 AM To: Mansour, Nicole Subject: FW: Commitment (3601 EATON ST)(buyer/owner JEREMY DUHON)(our 70440812) From: CLOrdering Sent: Friday, April 10, 2015 10:00 AM To: Botarelli, Sandra Subject: FW: Commitment (3601 EATON ST)(buyer/owner JEREMY DUHON)(our 70440812) From: ksmith Itgc.com fmailto:ksmith(aDltgc.com] Sent: Thursday, April 09, 2015 4:12 PM To: dhoweII1027@yahoo.com; Welch, Samantha; jnewel l pinnaclerea.com; mpena(abltgc.com; sandyjohnsonCa�ltgc.com; cknutson(&pinnaclerea.com; iwsrealestatellc@gmail.com; carly(abjoshsteck.com; Irenfro(dltgc.com; CLOrdering; Isantaularia(apinnaclerea.com; josh@fourstardenver.com Subject: Commitment (3601 EATON ST)(buyer/owner JEREMY DUHON)(our 70440812) View this email in full HTML in your browser Sales Price Amended to $1,254,000.00. Thank you, Kate Smith for Sandy Johnson Associated Documents Commitment Tax Certificate, Parcel Id: 3139-023770 Navigating and Understanding your Title Commitment Summary • Click on the blue links in the Table of Contents to go to a specific section • Click on to top)links to return to the top of the email • Click on the blue links within the body of the email to view a related document • Click on a blue email address link in the Contacts section to send an email to that party • Green underlined text indicates changes from the previous Title Summary 2 For general information on title insurance, please refer to http://www.alta.org/consumer Commitment Summary - 3601 EATON ST (ABJ70440812-7) View Printable Version Table of Contents • LTGC Contacts • Delivery Parties • Order Information • Vesting (24 month Chain of Title) • Wire Instructions • Title Fees • 'iSchedule A • Requirements • Exceptions • Disclosure Your Land Title Guarantee Company For Closing Assistance Leigh Renfro 3033 E 1ST AVE #600 DENVER, CO 80206 303-331-6231(phone) 303-393-4774 (fax) lrenfro(a)It cg com Commitment Delivery Closer's Assistant Megan Pena 3033 E 1 ST AVE #600 DENVER, CO 80206 303-331-6243(phone) 303-393-4922 (fax) mpena(&lt a.com Seller/Owner EATON APTS LLC Attention: DAN HOWELL dhowell1027(a )yahoo.com Delivered via: Electronic Mail Agent for Seller PINNACLE REAL ESTATE ADVISORS LLC Attention: JOSHUA NEWELL ONE BROADWAY #300A DENVER, CO 80203 303-962-9555 (work) 303-962-9992 (work fax) to top) 3 to top) For Title Assistance SANDY JOHNSON 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111. 303-850-4126 (phone) 303-393-4842 (fax) sandyiohnson(Mt cg com Agent for Seller PINNACLE REAL ESTATE ADVISORS Ll -(.- Attention: LINDSEY SANTAULARIA ONE BROADWAY #300A DENVER, CO 80203 303-962-9573 (work) 303-962-9981 (work fax) lsantaulariaAyinnaclerea. com Delivered via: Electronic Mail LAND TITLE GUARANTEE COMPANY Attention: SHERRI GOLDSTEIN 3033 E 1ST AVE #600 DENVER, CO 80206 303-321-1880 (work) 303-322-7603 (work fax) seoldsteinAltec.com i newell(d)pinnaclerea. com Delivered via: Electronic Mail Agent for Buyer FOUR STAR REALTY AND PROPERTY MANAGEMENT INC Attention: JOSH STECK 1423 PEARL ST DENVER, CO 80210 303-885-3934 (home) 303-999-3876 (work) 303-362-5593 (work fax) Li joshkfourstardenver.com Delivered via: Electronic Mail Attorney for Seller CARLY SMITH carly(a)i oshsteck. com Delivered via: Electronic Mail Agent for Seller PINNACLE REAL ESTATE ADVISORS LLC Attention: CONNOR KNUTSON ONE BROADWAY #300A DENVER, CO 80203 303-962-9555 (work) 303-962-9981 (work fax) cknutson&pinnaclerea. com Delivered via: Electronic Mail Order Order Number: ABJ70440812-7 to top) Property Address: 3601 EATON ST, WHEAT RIDGE, CO 80212 Buyer/Borrower: JEREMY DUHON Delivered via: Electronic Mail Agent for Buyer FIRSTBANK 1031 CORP Attention: SAMANTHA WELCH 1707 North Main St LONGMONT, CO 80501 303-684-6915 (work) samantha.welch(a efirstbankl031 com Delivered via: Electronic Mail Lender - New Loan FIRSTBANK - LOAN OPERATIONS Attention: Mihaela/Sandie PO BOX 151515 LAKEWOOD, CO 80215 303-235-4505 (work) clordering(i�efirstbank. com Delivered via: Electronic Mail Seller: EATON APTS LLC, A COLORADO LIMITED LIABILITY COMPANY Vesting Deed(s) / (24 month Chain of Title): Jefferson county recorded 4/16/2012 under reception no. 2012039982 n Wire to top) Bank: FIRSTBANK OF COLORADO Address: 10403 W COLFAX AVENUE Deletion of General Exception 4 LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No: 107005047 Account: 2160521825 Attention: Leigh Renfro Estimate of Title back to top) ALTAJOwners Policy 06-17-06 $1.537.00 Deletion of Exceptions 1-3 $60.00 Deletion of General Exception 4 $25.00 ALTA Loan Policy 06-17-06 $150.00 Endorsement 100-06 $258.00 Tax Certificate $20.00 $2.050.00 Schedule back to top) Property Address: 3601 EATON ST, WHEAT RIDGE, CO 80212 1. Effective Date: 04-06-2015 at 17:00:00 2. Policy to be Issued and Proposed Insured: '+ALTA" Owner's Policy 06-17-06 $1.254.000.00 Proposed Insured: JEREMY DUHON "ALTA" Loan Policy 06-17-06 $956,250.00 Proposed Insured: FIRSTBANK„ ITS SUCCESSORS AND/OR ASSIGNS 5 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: EATON APTS LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: THAT PART OF THE SOUTHEAST 1/4 NORTHWEST 1/4 NORTHEAST 1/4 SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 346.5 FEET WEST AND 250 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 NORTHWEST 1/4 NORTHEAST 1/4 OF SAID SECTION, THENCE WEST 20 FEET; THENCE NORTH 50 FEET; THENCE WEST 136.75 FEET; THENCE SOUTH 139.60 FEET TO THE CENTERLINE OF THE ROCKY MOUNTAIN DITCH; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 163 FEET, MORE OR LESS TO A POINT WHICH IS 133.2 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 133.2 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Plat Map(s):APN(s): 023770 Tax Certificate(s): Tax Certificate< br/> Parcel Id: 3139-023770 to top) Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to - wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. RELEASE OF DEED OF TRUST DATED APRIL 16, 2012 FROM EATON APTS LLC, A COLORADO LI 41 -,-ED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF T.H. STEELE TO SECURE THE SUM OF $840,000.00 RECORDED APRIL 16, 2012, UNDER RECEPTION NO. 2012039983. 2. (ITEM INTENTIONALLY DELETED) 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF EATON APTS 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, AI�TD THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, EN aMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERIVVISE 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. WARRANTY DEED FROM EATON APTS LLC, A COLORADO LIMITED LIABILITY COMPANY TO J :REMY DUHON CONVEYING SUBJECT PROPERTY. NOTE: THE OPERATING AGREEMENT FOR EATON APTS LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES DAN HOWELL AS THE MANAGER THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 6. DEED OF TRUST FROM JEREMY DUHON TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF FIRSTBANK, TO SECURE THE SUM OF $956,250.00. THE FOLLOWING NOTE APPLIES TO THE OWNER'S POLICY ONLY: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HERBY DELETED. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIENAFFIDAVIT ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO.4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF EATON APTS LLC, A COLORADO LIMITED LIABILITY COMPANY. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JEREMY DUHON. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUT✓IENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2014 TAXES, ITEM 6 OF THE GENERAL EXCEPTIONS WILI. BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS. NOTE: FORM 100 WILL BE ATTACHED TO MORTGAGEE'S POLICY WHEN ISSUED. Excep to top) 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 late 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. Any and all unpaid taxes, assessments and unredeemed tax sales. 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. RIGHTS OF THIRD PARTIES IN AND TO ANY PORTION OF THE BED, BANKS AND WATERS OF THE ROCKY MOUNTAIN DITCH LYING WITHIN SUBJECT PROPERTY. 10. RESERVATION OF EASEMENTS FOR THE CONTINUED USE OF UTILITIES AS CONTAINED IN RESOLUTION RECORDED AUGUST l 8, 1958 IN BOOK 1137 AT PAGE 117. 11. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN BROADBAND EASEMENT AND RIGHT OF ENTRY AGREEMENT RECORDED JUNE 08, 2000 UND ER RECEPTION NO. F1068062. 12. OFFICIAL LEGAL DESCRIPTION FOR THE CITY OF WHEAT RIDGE CORPORATE BOUNDARY RE CORDED JANUARY 7, 2009 UNDER RECEPTION NO. 2009001396. 13. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF TFIE FOLLOWING FACTS SHOWN ON REVISED IMPROVEMENT LOCATION CERTIFICATE CERTIFIED APRIL 06,2C 15 PREPARED BY FLATIRONS, INC, JOB #15-65,302 SAID DOCUMENT STORED AS OUR ESI 22469251 A. FENCES ARE NOT COINCIDENT WITH THE PROPERTY LINES B. SHED ENCROACHES ONTO EASEMENT C. BUILDING ENCROACHES ONTO UTILITY EASEMENT D. DRIVEWAY ENCROACHES ONTO EATON STREET Disclosure to top) LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: 1. The subject real property may be located in a special taxing district. 2. 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) 3. 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 C 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, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: 1. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 2. 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. 3. The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. 4. The Company must receive payment of the appropriate premium. 5. 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 containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. 1. 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 2. 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. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Open the attached pdf version of the commitment to view our PRIVACY POLICY. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. These images are provided for informational purposes only. They are not guaranteed as to availability or quality. These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat Reader TI. If you do not have Adobe Acrobat Reader"' on your system, you can download it for free from Adobe. Some of these documents may be designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal -size paper from within the "Print Setup" dialog box from within the Acrobat Reader. Having troubles viewing the PDF's on Firefox? Try installing a pdf plugin like PDF Viewer. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. The information contained in this electronic communication and any document attached hereto or transmitted herewith is confidential and intended for the exclusive use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any examination, use, dissemination, distribution or copying of this communication or any part thereof is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy this communication. Thank you. 10 4/27/2015 oil rs�� 5•ac}��[�A fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. yp � Josh Steck <josh@fourstardenver.com> Utility Easement at 3601 Eaton St. Wheat Ridge Co. George, Donna L <Donna.L.George@xcelenergy.com> To: Josh Steck <josh@fourstardenver.com> Hi Josh, PSCo has no conflict with the vacation of the subject easement. Regards, [Quoted text hidden] in AA.PDF 1137K Tue, Apr 21, 2015 at 11:41 AM hftps://mail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=bill&qs=true&search=query&msg=14cddl24a7al c3f2&siml=14cdd 124a7a1 c3f2 1/1 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. WR Isla4 -r Josh Steck <josh@fourstardenver.com> Utility Easement at 3601 Eaton St. Wheat Ridge Co. Barry Hudson <barry@wrwdistrict.com> To: Josh Steck <josh@fourstardenver.com> Josh, here is what I got back from the engineer. Barry From: Douglas Berling [mailto:doug.berling@gmail.com] Sent: Friday, April 17, 2015 3:03 PM To: Barry Hudson Subject: RE: Utility Easement at 3601 Eaton St. Wheat Ridge Co. Barry, Just to clarify what I was trying to say — Fri, Apr 17, 2015 at 5:22 PM There is no objection to vacating the part of that easement as it crosses the property of 3601 Eaton St. The portion that he (Steck) highlighted as having been vacated over part of Eaton St., I think is actually still a right -of- way by a previous deed. I've also talked with Dave Brossman over at the city to confirm that the city has no intentions of vacating any portion of the right of way within the street, which he confirmed. My conclusion is — no objection to vacating the portion of the easement that lies west of the Eaton St. right of way. *See attached notes in Red on the pdf. Doug From: Barry Hudson [mailto:barry@wrwdistrict.com] Sent: Thursday, April 16, 2015 3:51 PM To: Douglas Berling https://mail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=bill&qs=true&search=query&msg=14cc9bOd7ced 11 e1 &siml=14cc9bOd7ced11 e1 1/2 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. Subject: FW: Utility Easement at 3601 Eaton St. Wheat Ridge Co. From: Barry Hudson Sent: Thursday, April 16, 2015 3:50 PM To: 'Josh Steck'; Perry Nickle [Quoted text hidden] [Quoted text hidden] 3601 Eaton easement notes-DRB.pdf 151 K https://mail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=bill&qs=true&search=query&msg=14cc9bOd7ced11 e1 &siml=14cc9bOd7ced11 e1 2/2 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. (--en4k)�r-�4 L(vt L Josh Steck <josh@fourstardenver.com> Utility Easement at 3601 Eaton St. Wheat Ridge Co. Haley, Daniel <Daniel.Haley@centurylink.com> To: "josh@fourstardenver.com" <josh@fourstardenver.com> Cc: "Leonard, Jodie" <Jodie.Leonard @centurylink.com> Hello Josh, Per our field engineer, Jodie Leonard... We agree to this vacate request! Thanks, Dan rnn) Centu yl -in — Right of Way Manager Daniel P. Haley 5325 Zuni St #728 Denver, CO 80221 720.578.4716 (o) 303.520.0265 (c) Daniel. Haley@CenturyLink.com From: Leonard, Jodie Sent: Wednesday, April 15, 2015 9:54 AM To: Haley, Daniel Subject: FW: Utility Easement at 3601 Eaton St. Wheat Ridge Co. Wed, Apr 15, 2015 at 11:00 AM Da n, https://mail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=easement&qs=true&search=query&msg=14cbeO6e732b6663&siml=14cbeO6e732... 1/3 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. Offhand I do not see a problem with this JODIE LEONARD CENTURY LINK ENGINEERING 720-578-3722 OFFICE 303-946-7495 CELLULAR 303-451-3205 FAX CenturyLink- From: Josh Steck [mailto:josh@fourstardenver.com] Sent: Tuesday, April 14, 2015 7:14 PM To: Leonard, Jodie Cc: Josh Steck Subject: Utility Easement at 3601 Eaton St. Wheat Ridge Co. Dear Jodie, In a recent meeting with the city of Wheat Ridge regarding the property at 3601 Eaton St. in Wheat Ridge we identified an easement with a portion that has been vacated by your company; however, another portion on the property has yet to be vacated. The attached documentation will show the portion that has not yet been vacated that runs across the north portion of just this property that we are requesting that the city vacate. In order for the city to vacate the easement, they have requested that I obtain an email from you or someone in your company that you agree or concur that the city can vacate this this easement located on the property of 3601 Eaton St. in Wheat Ridge, please reply to this email with "I (We) agree". Thank you in advance for your attention to this. Joshua W. Steck FOUI��TAR REALTY & PROPERTY MANAGEMENT, INC. FourStar Realty & Property Management 1423 S. Pearl St. Denver, CO 80210 https://mail.google.com/mail/u/0/?u i=2&ik=8006bf7e42&view=pt&q=easement&qs=true&search=query&msg= l4cbe06e732b6663&siml=14cbe06e732... 2/3 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. • Josh Steck <josh@fourstardenver.com> �,�,� ,f ,,a�[s• �pN� �Ct Jt' Utility Easement at 3601 Eaton St. Wheat Ridge Co. Moore, Scott <Scott_Moore@cable.comcast.com> Wed, Apr 15, 2015 at 2:53 PM To: Josh Steck <josh@fou rstardenver.com> Cc: Josh Steck <steck.josh@gmail.com> Comcast has no objections to this request. Thanks Thanks. Scott R. Moore 6850 S Tucson Way Englewood, CO 80112 T. 303 603 5665 F. 303 603 5609 Scott Moore @ cable.comcast.com From: Josh Steck[mailto:josh@fourstardenver.com] Sent: Wednesday, April 15, 2015 1:32 PM To: Moore, Scott Cc: Josh Steck Subject: Utility Easement at 3601 Eaton St. Wheat Ridge Co. [Quoted text hidden] https://mail.google.com/mail/u/0/?u i=2&ik=8006bf7e42&view=pt&q=easement&qs=true&search=query&msg=14cbedb8ce3caO39&siml=14cbedb8ce3c... 1/1 4/27/2015 + s Gm'' 11 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. LJ�+fes Josh Steck <josh@fourstardenver.com> Utility Easement at 3601 Eaton St. Wheat Ridge Co. Boothe, Gary W. <Gary.Boothe @denverwater.org> To: 'josh@fourstardenver.com" <josh@fourstardenver.com> Cc: "Nelson, Mary K." <Mary.Nelson@denverwater.org> Josh, Thu, Apr 16, 2015 at 12:55 PM Your below email has been sent to me for review. I do not show any records of Denver Water having an easement at West 36th Place and Eaton Street as shown on your map. Denver Water does not have any water mains in this vicinity but Wheatridge Water District does have mains in both streets. Please verify with Wheatridge Water District if they have an easement at this location that needs to be vacated. Let me know if you have any questions. Thanks, Gary W Boothe I Manager of Real Estate Denver Water I t: (303-628-6158) 1 f: (303-628-6624) 1 c: (720-394-4689) 1600 West 12th Ave I Denver, CO 80204-3412 http://wvvw.denverwater.org INTEGRITY I VISION I PASSION I EXCELLENCE I RESPECT From: Water Sales Department Sent: Thursday, April 16, 2015 7:39 AM To: Boothe, Gary W. Subject: FW: Utility Easement at 3601 Eaton St. Wheat Ridge Co. Gary, Would you help these people please? Mary Nelson Plan Review Coordinator III Denver Water I t: (303) 628-6124 1 f: (303) 628-6046 http://www.denverwater.org INTEGRITY I VISION I PASSION I EXCELLENCE I RESPECT https:Hmail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=bill&qs=true&search=query&msg=14cc395a7c5cl b29&si ml=14cc395a7c5cl b29 1/2 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. From: Josh Steck[mailto:josh@fourstardenver.com] Sent: Tuesday, April 14, 2015 7:29 PM To: Water Sales Department Cc: Josh Steck Subject: Utility Easement at 3601 Eaton St. Wheat Ridge Co. To Whom It May Concern, [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=bill&qs=true&search=query&msg=14cc395a7c5clb29&siml=14cc395a7c5c1b29 2/2 4/27/2015 fourstarrealty.com Mail - Utility Easement at 3601 Eaton St. Wheat Ridge Co. Josh Steck <josh@fourstardenver.com> Utility Easement at 3601 Eaton St. Wheat Ridge Co. Peter Everest <PEverest@martinmartin.com> Fri, Apr 24, 2015 at 4:15 PM To: Josh Steck <josh@fourstardenver.com> Cc: Patrick Roberts <PRoberts@martinmartin.com>, Bill Willis <BWILLIS@martinmartin.com> Josh, We agree to move forward with the vacation process. We will need to review legal description and exhibit of the easement area when it is available. The review will require a review fee for our review and the Attorney for the District's review. We can provide a review fee document to you when the documents are provided to us. If you have any questions, let us know. Thank you, Peter Everest From: Josh Steck[mailto:josh@fourstardenver.comj Sent: Friday, April 24, 2015 10:13 AM To: Peter Everest Cc: Patrick Roberts; Bill Willis [Quoted text hidden] [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=8006bf7e42&view=pt&q=bill&qs=true&search=query&msg=14ced8O85dO725f9&si ml=14ced8O85dO725f9 1/1 Property ! IUMp Information GENERAL INFORMATION Schedule: 023770 Status: Active Property Address: 03601 EATON ST WHEAT RIDGE CO 80212 Mailing Address: PO BOX 11198 ENGLEWOOD CO 80151 Neighborhood: 531 - PROPERTY DESCRIPTION Subdivision Name: - Parcel ID: 39-251-00-026 Property Type: Commercial Print Help Owner Name(s) EATON APTS LLC Block Lot Key Section Township Range QuarterSection Land Sgft 004 25 3 69 NE 25700 Total 25700 Assessor Parcel Maps Associated with Schedule Graphic Parcel Map MapQuest Location pmaD39-251.Ddf COMMERCIAL INVENTORY Aiding Number Year Built Quality IFloorlstructure Type junitslmain SgFt Basement SgFt Land Are 1961 jAverageJ3 Apts/Low-Mid Rise 13 112006 10 125700 SALE HISTORY Sale Date Sale Amount Deed Type Reception 05-13-1975 123,000 Imp CONVER01 06-13-1979 256,000 Warranty Deed - Joint Tenancy 87033053 01-04-1995 390,000 Warranty Deed F0002636 11-30-2007 720,000 Warranty Deed 2007135843 03-09-2009 800,000 lWarranty Deed -Joint Tenancy 12009021699 04-16-2012 880,000 lWarranty Deed 12012039982 TAX INFORMATION 2015 Payable 2016 E20 2015 Mill Levy Information Actual Value Land 229,100 Imp 687,200 Total 916,300 WHEAT RIDGE Assessed Value Land 18,236 Imp 54,701 Total 72,937 2014 Payable 2015 TBA WHEATRIDGE SAN DIST Actual Value Land 204,200 Imp 612,700 Total 816,900 Assessed Value Land 16,254 View Mill Levy Detail For Year E20 2015 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO PLAT TBA WHEATRIDGE FIRE DIST TBA WHEATRIDGE SAN DIST TBA WHEATRIDGE WATER DIST TBA Tota I TBA 177207141 2014 EXHIBIT "A" LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 EASEMENTS TO BE VACATED AS RESERVED IN THE RESOLUTION RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 726619, BOOK 1137, PAGE 117 DATED 8/18/1958 OVER, UNDER, AND ACROSS A PORTION OF A PARCEL OF LAND AS DESCRIBED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER F0002636 DATED 1/6/1995, LOCATED IN THE NORTHEAST QUARTER OF SEC11ON 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE EATON STREET RIGHT—OF—WAY ASSUMED TO BEAR SOUTH, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. THE SOUTH 40 FEET OF THE NORTH 250 FEET OF THE EAST 9 1/2 RODS OF THE WEST 19 RODS OF THE SE1/4 NW1/4 NE1/4 OF SECTION 25, T3S, R69W. SAID VACATED EASEMENT CONTAINING 6,270 SQ.FT. OR 0.14 ACRES, MORE OR LESS. I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS PARCEL DESCRIPTION AND ATTACHED EXHIBIT, BEING MADE A PART THEREOF, WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE REQUEST OF THE CLIENT AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY OR SUBDIVIDE LAND IN VIOLATION OF STATE STATUTE. 1 JOHN B. GUYTON COLORADO P.L.S. #16406FSI JOB NO. 15-65,498 CHAIRMAN/CEO, FLATIRONS, INC. aat;� tsr,Isslic�`�`: JOB NUMBER: 15-65,498 DRAWN BY: W. BECKETT DATE: MAY 5, 2015 THIS IS NOT A "LAND SURVEY PLAT' OR "IMPROVEMENT SURVEY PLAT' AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. EXHIBIT "A" LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 1 NE COR. SEI/4 NW1/4 NE1/4 SECTION 25, T3S, R69W 346.5' WEST W. 37TH AVE. o LOT 9 IUNPLATTED LOT 8 I 0 0 I N UNPLATTED I I— o 0 UTILITY EASEMENT (TO BE VACATED) IQ BOOK 1137, PAGE 117 1 inch ¢ °D fL DATED AUGUST 18, 1958 WEST 136.75' b LOT 7 N EAST 91 2 RODS 156.75' C4 F o F o z E MENT TO ED z — - ccnn Ful 36TH PL. 0 EAST 9 1/2 RODS OF THE WEST 19 RODS 0 OF THE SE1/4 NW1/4 NE1/4 SEC. 25 (156.75') LOT 10 I qa ST / C 360 3601 EATON ST. REG No. ASPHALT F0002636 DATED 1/6/1995 PARKING JOB NUMBER: 1BECKETT T Flatirons, Inc. DRAWN BY: W. BECKESurveying, Engineering& Geomalics DATE: MAY 5, 2015 P 3825 IRIS AVE, STE 395 BOULDER, CO 80301 THIS IS NOT A 'LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT' AND THIS EXHIBIT IS PH: (303) 443-7001 NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD FAX. (303) 443-9830 INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. uu�a. Ffatironslnc. cam ♦64I Ir City of "�qWheat jid e LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant_ �C�S�N Address 1'C�Z3 S. P-ectir Phone 3:0 5 3 City Dftt�r-- Ems- State Zip Fax -raS 3 (oZ 55 3 Owner a+nn Address �' 1119 K Phone city State C.& Zip $61S( Fax Contact SoSk' S4-c�- Address ILLI ZO .9. P�-&r I s �- Phone 30 FSs -? ,A city State (D Zip �W .Z 10 Fax 10� 34PZ SSS/ 3 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 3(001 & +CY l 1�t-. Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted O Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation Other: 3(�(Detailed description of request: %easelv'l-er-�-- V Ct GCs fi o,-1- . Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, 1 am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power- - the owner which approved of this action on his behalf. Notarized Signature of Applicant State of Colorado. KIM WAGGONER County of } ss NOTARY PUBLIC The foregoing instrument (Land Use Processing Application) was acknowledged by me this day of�, 20_ � by d 7k Not u lic My commission ex ' es / t20 To be filled out by staff: Date received Comp Plan Design. Related Case No. Fee $ Receipt No. Zoning Pre -App Mtg. Date Case No. Quarter Section Map Case Manager City of X X I -t— 11� LAND USE APPLICATION FORM Date Received -5/19/2015 iCase Planner kecker't Case No. Related Cases .................... Case Descriptior,keque'st for an easement I'll vacation fo . r .1 a 5 1 0 1 wide I utility I easement.. ...... Applicawt 1,71olmatiew Name Josh Steck Name Phone J(i 885 3934.............. EATEN ST/EH�,ENENT Address 1423 S. Pearl St. City 'Denver ........... State 'CO Zip . 80210- 100.00 P,WiENT RECEIVED ulECY.: lor-g ANLIP, iN j -10 �J.k Name partments LLC Eaton A' Name 100. Oil Phone Address PO Box 1198 . ........ city 'EnglewoodState . .......... .................... - Co j Zip .80151 contact ZQ10TM1?tk1? ..... . .. . . .......... ......... Pre -App Date Neighborhood Meeting Date App No: Public Hearing FR eTe,,, �Type I Review -Body Review Date Disposition Comments Reviev,, Admin ... . ...... . .......... CItY of Wheat kjdQ, EATEN ST/EH�,ENENT VACATION FMSD 7l]iN tqp FEES 0JUNT 100.00 P,WiENT RECEIVED ulECY.: lor-g ANLIP, iN j -10 �J.k 11. Wo. G, Li --- ------------ 100. Oil nGyulk Notes ........... ........... . ..... Status Open Recorded Date: Storage: Reception