[email protected] 2016I-00076 1 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 2 Completed Sept 22, 2016 / $2500.00 fee pd 09/01/2016 X_________________ [email protected] 2016I-00076 (B) 3 Completed Sept 22, 2016 / $2500.00 fee pd 4401-4501 W. KENTUCKY AVENUE, DENVER, COLORADO LEGAL DESCRIPTION: PARCEL A: THE EAST 150 FEET OF THE FOLLOWING-DESCRIBED TRACT OF LAND: TRACT IN THE SOUTHEAST CORNER OF NE 1/4 OF SW 1/4 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST, COMMENCING AT THE SOUTHEAST CORNER OF THE NE 1/4 OF THE SW 1/4, THENCE WEST ALONG SOUTH LINE OF NE 1/4 OF THE SW 1/4 OF SAID SECTION 18, 1,176.5 FEET, MORE OR LESS, TO THE SOUTH-EASTERLY LINE OF COUNTY ROAD NO. 8, THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY OF SAID ROAD 449 FEET, MORE OR LESS, TO A POINT 8 FEET SOUTH OF CENTER LINE OF KEENER LATERAL DITCH, THENCE SOUTHEASTERLY PARALLEL TO AND 8 FEET AT RIGHT ANGLES DISTANT FROM CENTER LINE OF SAID KEENER LATERAL DITCH 852 FEET, MORE OR LESS, TO EAST LINE OF SAID NE 1/4 OF SW 1/4; THENCE SOUTH ALONG SAID EAST LINE 176 FEET MORE OR LESS TO PLACE OF BEGINNING, EXCEPT 0.7 OF ONE ACRE HERETOFORE SOLD TO PUBLIC SERVICE COMPANY OF COLORADO, AS DESCRIBED IN DEED RECORDED IN BOOK 448, PAGE 120, EXCEPT PART CONVEYED TO THE CITY AND COUNTY OF DENVER AS DESCRIBED IN BOOK 6976 AT PAGE 148, AND "EXCEPT EXISTING EASEMENTS." PARCEL B: THAT PART OF NE 1/4 OF SW 1/4, SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST, DESCRIBED AS FOLLOWS: BEGINNING 150 FEET WEST OF SOUTH-EAST CORNER OF SAID NE 1/4 OF SW 1/4, THENCE WEST 550 FEET, THENCE NORTH TO A POINT 8 FEET SOUTH OF CENTER OF KEENER LATERAL DITCH, THENCE SOUTHEASTERLY PARALLEL TO AND 8 FEET FROM CENTER LINE OF SAID DITCH TO A POINT 150 FEET WEST FROM EAST LINE OF SAID NE 1/4 OF SW 1/4; THENCE SOUTH TO BEGINNING, EXCEPT PART DESCRIBED IN BOOK 448 AT PAGE 120, "EXCEPT EASEMENT DESCRIBED IN BOOK 6603 AT PAGE 443," AND EXCEPT PART CONVEYED TO THE CITY AND COUNTY OF DENVER AS DESCRIBED IN BOOK 6976 AT PAGE 148. PARCEL C: THAT PART OF THE NE 1/4 OF SW 1/4 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID NE 1/4 OF SW 1/4, 700 FEET WEST OF THE SOUTHEAST CORNER OF SAID NE 1/4 OF SW 1/4, THENCE WEST ALONG THE SOUTH LINE OF SAID NE 1/4 OF SW 1/4, 75 FEET; THENCE NORTH 200 FEET; THENCE EAST 75 FEET; THENCE SOUTH 200 FEET TO THE POINT OF BEGINNING, EXCEPT THE SOUTH 30 FEET DESCRIBED IN BOOK 6958 AT PAGE 438. CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL D: A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF DENVER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (FOR THE PURPOSE OF THIS LEGAL DESCRIPTION THE SOUTH LINE OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 18 BEARS N90°00'00"W) BEGINNING AT THE SOUTHEAST CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 18; THENCE N00°41'27"W ALONG THE EAST LINE OF SAID NE 1/4 SW 114 , A DISTANCE OF 149.90 FEET TO THE TRUE POINT OF BEGINNING, WHICH POINT IS ON THE SOUTHERLY RIGHT OF WAY OF THE KOENER DITCH; THENCE N84°13'25"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 342.43 FEET; THENCE N72°43'27"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 18.99 FEET; THENCE N88°28'20"E DEPARTING FROM SAID SOUTHERLY LINE, A DISTANCE OF 48.21 FEET; THENCE S85°42'43"E, A DISTANCE OF 73.16 FEET; THENCE 2016I-00076 4 Completed Sept 22, 2016 / $2500.00 fee pd S79°38'43"E, A DISTANCE OF 89.31 FEET; THENCE S88°31'24" E, A DISTANCE OF 149.68 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4 SW 1/4; THENCE SOUTH 00°41'27"E ALONG SAID EAST LINE, A DISTANCE OF 16.01 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL E: A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 285 (STATE HIGHWAY 8), SOMETIMES KNOWN AS MORRISON ROAD, SAID POINT BEING 368.9 FEET, N47°11'17"E ON AN ASSUMED BEARING, MEASURED ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 285, FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF THE NE 1/4 SW 1/4 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY AND COUNTY OF DENVER, AND THE AFORESAID SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 285; THENCE S73°14'43"E, A DISTANCE OF 89.20 FEET; THENCE S88°18'05"E, A DISTANCE OF 44.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S88°18'05"E, A DISTANCE OF 80.14 FEET; THENCE S00°41'27"E PARALLEL WITH THE EAST LINE OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 18, A DISTANCE OF 21.30 FEET; THENCE N90°00'00"W PARALLEL WITH THE SOUTH LINE OF SAID NE 1/4 SW 1/4, A DISTANCE OF 75.00 FEET; THENCE S00°41'27"E PARALLEL WITH THE EAST LINE OF SAID NE 1/4 SW 1/4, A DISTANCE OF 50.00 FEET; THENCE N90°00'00"W PARALLEL WITH THE SOUTH LINE OF SAID NE 1/4 SW 1/4, A DISTANCE OF 7.00 FEET; THENCE NOO°49'03"E, A DISTANCE OF 73.68 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL F: A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE WEST 1176.51 FEET TO THE EAST LINE OF COUNTY ROAD (SOMETIMES KNOWN AS MORRISON ROAD); THENCE NORTHEASTERLY ALONG THE EAST LINE OF SAID COUNTY ROAD 449.2 FEET, MORE OR LESS, TO A POINT 8 FEET SOUTH OF THE CENTER LINE OF THE KOENER LATERAL DITCH (SOMETIMES KNOWN AS THE KOENER DITCH), THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG THE EAST LINE OF SAID COUNTY ROAD 80.3 FEET; THENCE S72°40'E 89.2 FEET; THENCE S88°50'E, 466.2 FEET TO A POINT 8 FEET MEASURED AT A RIGHT ANGLE TO THE CENTER LINE OF SAID KOENER LATERAL DITCH; THENCE NORTHWESTERLY AND WESTERLY PARALLEL TO AND 8 FEET DISTANCE FROM THE CENTERLINE OF SAID KOENER LATERAL DITCH TO THE POINT OF BEGINNING; EXCEPTING THEREFROM: A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY AND COUNTY OF DENVER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 285 (STATE HIGHWAY 8), SOMETIMES KNOWN AS MORRISON ROAD, SAID POINT BEING 368.9 FEET, N47°11'17"E ON AN ASSUMED BEARING, MEASURED ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 285, FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF THE NE 1/4 SW 1/4 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY AND COUNTY OF DENVER, AND THE AFORESAID SOUTHEASTERLY RIGHT OF WAY OF U.S. HIGHWAY 285; THENCE S73°14'43"E, A DISTANCE OF 89.20 FEET; THENCE S88°18'05"E, A 2016I-00076 5 Completed Sept 22, 2016 / $2500.00 fee pd DISTANCE OF 44.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY 70.28 FEET; THENCE N80°30'W, 73.15 FEET; THENCE S47°46'W, 80.30 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. THE EXTERIOR BOUNDARY OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE NORTH RIGHT-OF-WAY LINE OF WEST KENTUCKY AVENUE INTERSECTS THE EAST LINE OF THE SOUTHWEST QUARTER, SAID POINT BEING 30.00 FEET NORTH OF THE CENTER SOUTH ONESIXTEENTH CORNER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE NORTH 89°50'03" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 775.00 FEET TO THE EAST LINE OF THE PARCEL AS DESCRIBED IN RECEPTION NO. 2014112970; THENCE NORTH 00°02'26" WEST A DISTANCE OF 120.00 FEET ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE NORTH 89°50'03" WEST A DISTANCE OF 6.69 FEET ALONG THE NORTH LINE OF SAID PARCEL TO THE EAST LINE OF THE PARCEL AS DESCRIBED IN RECEPTION NO. 2011044839; THENCE NORTH 00°59'45" EAST A DISTANCE OF 150.33 FEET ALONG SAID EAST LINE TO THE SOUTH RIGHT-OFWAY LINE OF KOENER DITCH LATERAL; THENCE ALONG SAID SOUTH DITCH RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES AND DISTANCES; 1. SOUTH 85°01'46" EAST A DISTANCE OF 228.73 FEET; 2. THENCE SOUTH 71°33'47" EAST A DISTANCE OF 194.86 FEET; THENCE NORTH 88°39'48" EAST A DISTANCE OF 54.68 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID DITCH; THENCE ALONG SAID NORTH DITCH RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1. THENCE SOUTH 85°31'15" EAST A DISTANCE OF 73.16 FEET; 2. THENCE SOUTH 79°21'32" EAST A DISTANCE OF 117.23 FEET; 3. THENCE NORTH 89°33'26" EAST A DISTANCE OF 122.23 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTH 00°29'59" EAST ALONG SAID EAST LINE A DISTANCE OF 166.00 FEET TO THE POINT OF BEGINNING. CONTAINING 164,615 SQ. FT. OR 3.779 ACRES. 2016I-00076 6 Completed Sept 22, 2016 / $2500.00 fee pd 4401-4501 West Kentucky Avenue Consistency with Adopted Plans The rezoning is consistent with the goals and objectives of the recently adopted Westwood Neighborhood Plan and Blueprint Denver by encourages a variety of residential uses and for future uses that encourage urban level redevelopment opportunities at a preferred scale and intensity not possible under the existing zoning. For example: A. The Westwood Neighborhood Plan’s land use recommendations (C.1.B) encourage a diversity of housing types in the neighborhood integrating low income, workforce and market rate housing options including sizes and prices, accommodating various family structures. (Westwood Neighborhood Plan, July 2016, Page 44) 2. The Plan encourages a greater mix of uses in the area, with the greatest potential for higher density, mixed-income housing. (Westwood Neighborhood Plan, July 2016, Page 48) 3. Preservation of the low-rise residential area should be addressed actively by limiting blank wall or visible service/loading areas with greater care given to ensure appropriate height transitions to low-scale residential areas. (Westwood Neighborhood Plan, July 2016, Pages 48 & 52) 4. Denver identifies the Morrison Road Influence Area as one of the Areas of Change for mixed land uses, with the potential for higher density, mixed-income housing, providing goods, services and employment for local residents. The existing, operational mobile park home provides for such services and opportunities. (Blueprint Denver, Pages 20-22) 5. Successful development in Areas of Change should not come at the expense of displacing minority populations and lower-income groups. Successful development within Areas of Change should become diverse neighborhoods both in income and ethnic background. The City must be careful to encourage the retention of low-income residents. The proposed rezoning provides a residential alternative that provides a housing option to lower income residents. (Blueprint Denver, Page 127) Uniformity of District Regulations and Restrictions 1. The rezoning to E-MX-3 will result in the uniform application of the zone district regulations and restrictions across the City and County of Denver. 2016I-00076 7 Completed Sept 22, 2016 / $2500.00 fee pd Public Health, Safety and General Welfare The proposed official map amendment furthers the public health, safety and general welfare of the City by providing for affordable housing options for residents of the City and providing the regulatory platform for health and safety upgrades to the park and dwelling units not possible under the current zoning restrictions. Additional Review Criteria for Non- Legislative Rezonings- Justifying Circumstances A. The land or its surroundings has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of area to recognize the changed character of the area. The property subject to this rezoning application has operated as a mobile home park (“Park”) as a legal non-conforming use for decades. It is widely believed that the Park was in existence as early as the 1960’s. In 2014, the City passed an amendment to the Denver Zoning Code prohibiting the upgrade of individual units within the Park claiming that the upgrade was a modification of the non-conforming use of the Park. The Owner disagreed and brought suit to challenge the ordinance. The City Zoning Department suggested a potential alternative to a legal challenge by proposing a rezoning that would permit multiple structures within a single zone lot. Based on those discussions the Owner is seeking a rezoning to E-MX-3. The rezoning is justified in that it acknowledges the existing use of the Park and provides the underlying framework for continued improvement of newer, better housing for a needed market without the severe limitations of the current code regarding replacement of individual homes. The rezoning also provides for potential re-development of the site in the future to provide a mix of the uses that have been identified in the recently adopted Westwood Neighborhood Plan. B. The Proposed Map Amendment is consistent with the applicable neighborhood context and with the stated purpose and intent of the proposed zoned district. Neighborhood Context: Section 4.1.1- General Character- The proposed zoning to E-MX-3 and the current and future land uses are consistent with the general character of the Urban Edge Neighborhood in that it provides for a full range of residential uses. The Park provides for multiple single family units located on the same zone lot. Its location adjacent to West Kentucky Avenue is consistent with the location of both single-unit and multi-unit uses. Section 4.1.2- Street, Block and Access Patterns- The property is adjacent to West Kentucky Avenue that is part of the general east west grid of Denver Streets. There is no plan to modify this east west orientation. Existing attached sidewalks providing for pedestrian 2016I-00076 8 Completed Sept 22, 2016 / $2500.00 fee pd connectivity between the Park and commercial establishments along Morrison road will remain and be enhanced. Section 4.1.3- Building Placement and Location- The configuration of the homes within the Park will incorporate moderate setbacks from the street although a part of the Westwood Plan encourages a more urban building line along public ways. Section 4.1.4- Building Height- The Park is consistent with the neighborhood context encouraging low scale buildings. Section 4.1.5 Mobility- The Park provides safe and efficient off street parking as well as access to sidewalks and streets. General Purpose: The proposed rezoning of the Property to E-MX-3 is generally consistent with the purpose of the zone district through: 1. Promoting the upgrading of homes to provide for a safe, active pedestrian scale diverse areas ensuring convenient access for patrons of retail experiences along Morrison Road to the west. 2. Recognizing the diverse pattern of mixed uses in the area. 3. Locating the district along the West Kentucky corridor on a large site. 4. Ensuring that the upgraded homes contribute positively to the character of established residential neighborhoods and improves the transition between commercial development and adjacent residential neighborhoods. Specific Intent of Zone District The proposed intent of the E-MX-3 zone is met by its application to the Property because the Property is in an area served by primarily arterial and collector streets where a building scale of 1 to 3 stories are desired. 2016I-00076 9 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 10 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 11 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 12 Completed Sept 22, 2016 / $2500.00 fee pd Page: 3 of 5 01/17/2008 07:37 A eRecorded in 0/0 of Denver, CO Reception #: 2008006322 D:$ 180.00 R:$ 26.00 Doc Code: WD Stephanie Y. O'Malley, Clerk and Recorder EXHIBIT A ATTACHED LEGAL DESCRIPTION PARCEL A: The East 150 feet of the following-described tract of land: Tract in the Southeast corner of NE 1/4 of SW 174 of Section 18, Township 4 South, Range 68 West, commencing at the Southeast corner of the NE 114 of the SW 1/4, thence West along South line ofNE 1/4 of the SW 1/4 of said Section 18, 1,176.5 feet, more or less, to the South.- easterly Iine of County Road No. 8, thence Northeasterly along said Southeasterly boundary of said road 449 feet, more or less, to a point 8 feet South of center line of Keener Lateral Ditch, thence Southeasterly parallel to and 8 feet at right angles distant fi‘om center line of said Keener Lateral Ditch 852 feet, more or less, to East line of said NE 1/4 of SW 1/4; thence South along said East line 1’76 feet more or less to place of beginning, except 0.? of one acre heretofore sold to Public Service Company of Colorado, as described in deed recorded in Book 448, Page 120, except part conveyed to the City and County of Denver as described in Book 6976 at Page 148, and "except existing easements." PARCEL 13'. That part ofNE 1/4 of SW 1/4, Section 18, Township 4 South, Range 68 West, described as follows: Beginning 150 feet West of South-east corner of said NE 114 of SW 114, thence West 550 feet, thence North to a point 8 feet South of center of Keener Lateral Ditch, thence Southeasterly parallel to and 8 feet from center line of said ditch to apoint 150 feet West from East line of said NB 1/4 of SW 174; thence South to beginning, except part described in Book 448 at Page 120, "except easement described in Book 6603 at Page 443," and except part conveyed to the City and County of Denver as described in Book 6976 at Page 148. PARCEL C: That part of the NE 1/4 of SW 1/4 of Section 18, Township 4 South, Range 68 West, described as follows: Commencing at a point on the South line of said NE 1/4 of SW 1/4, 700 feet West of the Southeast corner of said NB 1/4 of SW 1/4, thence West along the South line of said NE 1/4 of SW 1/4, 75 feet; thence North 200 feet; thence East 75 feet; thence South 200 feet to the point of beginning, except the South 30 feet described in Book 6958 at Page 438. City and County of Denver, State of Colorado. Parcel D: A parcel of [and located in the Northeast one-quarter of the Southwest one-quarter of Section 18, Township 4 South, Range 68 West of the 6“1 Principal Meridian, City and County of Denver, State of Colorado, being more particularly described as follows: {For the purpose of this legal description the South line of the NE 1/3 of the SW '11 of said Section 18 bears N90°00’00”W) Beginning at the southeast corner of the NE '/4 of the SW ‘A of said Section 18; thence N00°41’27”’W along the east line of said NE '/4 SW 1/4 , a distance of 149.90 feet to the True Point of Beginning, which point is on the Southerly right of way of the Keener Ditch; thence N84°13’25“W along said Southerly line, a distance of 342.43 feet; thence N72°43‘27”W along said Southerly line, a distance of 18.99 feet; thence N88°28’20”E departing from said Southerly line, a distance of 48.21 feet; thence SSS°42’43"E, a distance of 73.16 feet; thence S79“38’43”E, a distance of 89.31 feet; thence 888°31’24” E, a distance of 149.68 feet to a point on the East line of said NE '/4 SW ‘A ; thence South 00°41 ’27”B along said East line, a distance of 16.01 feet, more or less, to the True Point of Beginning. Parcel E: A parcel of land located in the SW 'A of Section 18, Township 4 South, Range 68 West of the 6"1 P.M., described as follows: Beginning at a point on the Southeasterly right of way line of US. Highway 285 (State Highway 8), sometimes known as Morrison Road, said point being 368.9 feet, N47°11 ’17”E on an assumed bearing, measured along said Southeasterly right of way line of said US. Highway 285, from the point of intersection of the South line of the NE ‘4 SW 'A of Section 18, Township 4 South, Range 68 West of the 6'" P.M., City and County of Denver, and the aforesaid Southeasterly light of way line of US. Highway 285; thence S73°14’43”E, a 2016I-00076 13 Completed Sept 22, 2016 / $2500.00 fee pd Page: 4 of 5 01/17/2008 07:37 A eRecorded in C/C of Denver, CO Reception #: 2008006322 D:$ 180.00 R:$ 26.00 Doc Code: WD Stephanie Y. O'Malley, Clerk and Recorder distance of 39.20 feet; thence 888°18’05”E, a distance of 44.76 feet to the True Point of Beginning; thence continuing 888°13’OS”E, a distance of 80.14 feet; thence SOO°41 ’27”E parallel with the East line of the NE 'A of the SW V4 of said Section 18, a distance of 21.30 feet; thence N90°00’00"W parallel with the South line of said NE 'A SW 54: , a distance of 75.00 feet; thence 800°41’27”E parallel with the East line of said NE ‘A SW 1A , a distance of 50.00 feet; thence N90°00’00”W parallel with the South line of said NE ‘A SW 1A , a distance of 7.00 feet, thence N00°49’03”E, a distance of 73 .68 feet, more or less, to the Tune Point of Beginning, City and County of Denver, State of Colorado. Parcel F: A tract of land in the Northeast Quarter of the Southwest Quarter of Section 18, Township 4 South, Range 68 West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the southeast corner of the Northeast Quarter of the Southwest Quarter of said Section 18; thence West 1176.51 feet to the East line of County Road (Sometimes knoWn as Morrison R0 ad}; thence Northeasterly along the East line of said County Road 449.2 feet, more or less, to a point 8 feet South of the center line of the Keener Lateral Ditch (Sometimes lcnown as the Keener Ditch), the True Point of Beginning; thence Southwesterly along the East line of said County Road 80.3 feet; thence 872°40’E 89.2 feet; thence 888°50'E, 466.2 feet to a point 8 feet measured at a right angle to the center line of said Keener Lateral Ditch; thence Northwesterly and Westerly parallel to and 8 feet distance from the centerline of said Keener Lateral Ditch to the Point of Beginning; BXCEPTING THERBFROM: A parcel of land located in the SW '/4 of Section 18, Township 4 South, Range 68 West of the 6“1 P.M., City and County of Denver, State of Colorado, described as follows: Beginning at a point on the Southeasterly right of way line of U.S. Highway 285 (State Highway 8), sometimes known as Morrison Road, said point being 368.9 feet, N47°11’17”E on an assumed bearing, measured along said Southeasterly right of way line of said Highway 285, from the point of intersection of the South line of the NE 1/4 SW 1/4 of Section 18, Township 4 South, Range 63 West of the 6th P.M., City and County of Denver, and the aforesaid Southeasterly right of way of US. Highway 285; thence S73°14’43”E, a distance of 89.20 feet; thence 888°18’05”E, a distance of 44.76 feet to the True Point of Beginning; thence Northerly 70.28 feet; thence N80°30'W, 73.15 feet; thence 347°46’W, 80.30 feet, more or less, to the Point of Beginning. 2016I-00076 14 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 15 Completed Sept 22, 2016 / $2500.00 fee pd DESERT PROPERTIES, L.P Consent and Resolution of the General Partner SEPTEMBER 1, 2016 Pursuant to the Partnership Agreement of Desert Properties, L.P. (the “PARTNERSHIP”), the undersigned, being the General Partner of the Partnership, hereby takes the following actions: WHEREAS, the Partnership is owner of real property located at 4401-4501 W. Kentucky Avenue, Denver, Colorado (the “PROPERTY”), which property has been operating as a mobile home park, a legally non-conforming use under the current E-TU-C Zone District, since the 1960s; and WHEREAS, the City of Denver revised its Zoning Code effective 2010 and again in 2014 affecting the Property; and WHEREAS, it is in the best interest of the Partnership to enter into that certain Zone Map Amendment Application with the City of Denver (“RE-ZONING APPLICATION”) requesting an amend to the Property’s current zone district toE-MX-3, and; WHEREAS, it is in the best interest of the Partnership to authorize Graves Enterprises, LLC a California limited liability company as general partner of the Partnership (the “GP”), for and on behalf of the Partnership, to execute the Re-Zoning Application, and all other instruments and documents executed and delivered pursuant to or in connection with the Re-Zoning Application, and to appoint Jack E. Reutzel, Esq. of Fairfield and Woods, P.C. to act on the Partnership’s behalf to do or cause to be done any and all other acts and things it deems necessary and advisable in connection with the Re-Zoning Application process through the proper channels of the City of Denver. NOW, THEREFORE, BE IT: RESOLVED, that the terms and conditions of the Re-Zoning Application are hereby ratified, approved and confirmed; and RESOLVED, that the GP is hereby authorized and empowered, for and on behalf of the Partnership, to execute and deliver the Re-Zoning Application and to make, execute, acknowledge and deliver all other instruments and documents relating to the Re-Zoning Application, and to appoint Jack E. Reutzel, Esq. of Fairfield and Woods, P.C. to act on the Partnership’s behalf to do or cause to be done any and all other acts and things it deems necessary and advisable in connection with the Re-Zoning Application process through the proper channels of the City of Denver; and RESOLVED, that the consent and signature of Chad S. Graves as the Manager of the GP is sufficient when acting on behalf of the Partnership for the purposes set forth herein; and RESOLVED, that any and all actions taken by Chad S. Graves as the Manager of the GP on behalf of the Partnership before the adoption of these resolutions and that are within the L:\Clients\12393\001\01653737.DOC 2016I-00076 16 Completed Sept 22, 2016 / $2500.00 fee pd authority conferred hereby, are hereby in all respects authorized, adopted, ratified and confirmed. IN WITNESS WHEREOF, the undersigned GP does hereby consent to, approve, and adopt the foregoing actions as of the date set forth above, notwithstanding the actual date of signing. DESERT PROPERTIES, L.P., a California limited partnership By: Graves Enterprises, LLC, a California limited liability company L:\Clients\12393\001\01653737.DOC 2016I-00076 17 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 18 Completed Sept 22, 2016 / $2500.00 fee pd 2016I-00076 19 Completed Sept 22, 2016 / $2500.00 fee pd
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