2017I-00153 January 11, 2018 $1000 fee pd chk January 11, 2018 $1000 fee pd chk. ... We are not...

2017I-00153

January 11, 2018 $1000 fee pd chk

2017I-00153 January 11, 2018 $1000 fee pd chk

2017I-00153


Legal Description:

East Capitol Hill 2nd Filing, Block 5, the North 25 FT of Lot 9 and Lots 10 and 11

2017I-00153


December 18, 2017 To: The City of Denver Community Planning and Development Re: Rezoning request for: 219 S. Holly St. 0607433026000 E-MU-2.5 to S-MU-3

Rear 0607433031000 E-MU-2.5 to S-MU-3 Owner: Lori Jensen

221 S. Holly St. 0607433027000 E-MU-2.5 to S-MU-3 Rear 0607433032000 E-MU-2.5 to S-MU-3 Owner: Katherine Ferraro

223 S. Holly St. 0607433028000 E-MU-2.5 to S-MU-3 Rear 0607433033000 E-MU-2.5 to S-MU-3

Owner: Molly Anna Kull 225 S. Holly St. 0607433029000 E-MU-2.5 to S-MU-3

Rear 0607433034000 E-MU-2.5 to S-MU-3 Owner: Jennifer Preston and Mark Passman

227 S. Holly St. 0607433030000 E-MU-2.5 to S-MU-3 Rear 0607433035000 E-MU-2.5 to S-MU-3 Owner: Anna M. Dewitt

235 S. Holly St. 0607433016000 E-SU-DX to S-MU-3 Owner: Carmen Margala

245 S. Holly St. 0607433005000 E-SU-DX to S-MU-3 Owner: Eric Press and Megan Nicole Press

• I am the owner of 227 S. Holly Street. • I also represent the other land owners represented on this application. • We collectively own all of the property from 219 S. Holly St. to 245 S. Holly St. (from Novo

Coffee to the townhouses on the west side of S. Holly north of Alameda). • We live on a busy street, designated ‘arterial’ by the City. • We have designed buildings which looks like high end townhomes, highly appropriate for the

neighborhood. • The units are actually flats, smaller, and more affordable, for teachers like myself. • Our buildings are actually far less square footage than what is allowed on the sites now. • We are providing far more off street parking than is required. • While we are asking for an appropriate zoning designation (S-MU-3) we will be glad to add deed

restrictions/a development agreement. We intend to build the buildings as presented. • Our units are highly energy efficient, in keeping with the 80x50 Plan. • We will provide onsite solar, EV chargers, and be net zero. • We are less than ¼ mile from a bus stop on Alameda. • We believe that we will have the support of our neighborhood association.

Anna DeWitt

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My name is Anna DeWitt. I live with my daughter on Holly Street next to Park Burger, in one of five single story units (219, 221, 223, 225 and 227 S. Holly - see attached) built in 1957, on crawl spaces.

Our units now require significant work (new water and sewer lines, new roofs, waterpoofing) and they sit on land zoned multi-unit, 2.5 stories (E-MU-2.5). In brief, for our families, it makes much more sense for my neighbors and I to sell our land for re-development rather than pour money into our existing building.

We (myself and at least one other owner, also a Denver public school teacher) also want to stay in this neighborhood.

We have spoken to our neighbors at 235 S. Holly and 245 S. Holly, and they are also interested in selling. Their lots are currently zoned single family, even though we are on a block with commercial zoning, multi family zoning, and a PUD (see attached), and on a busy street (12,000+ cars a day).

We have hired an architect to create a multi-family plan for all of the sites. It consists of moderate size units. However, this is not your average redevelopment plan for this area (which would normally ‘max-out’ the site).

With the help of our broker (Jason Lewiston) and architect (Jeff Dawkins), we have instead designed buildings which would create moderately-sized units for families, which teachers like myself could afford, and with proper on site parking. We will sell our land to a developer with the proviso that we be allowed to purchase one of the new units.

The sites as zoned today would accommodate a ‘by right’ apartment project of 17,000sf+ above grade (on the 219-227 S. Holly site alone), with (likely) 25 to 30 ‘micro-units’, and two huge houses, 10,000sf+ above grade at 235 S. Holly, and 6,000sf+ at 245 S. Holly. This type of development would create more traffic and not be suitable for the area, even though it is currently all allowed ‘by-right’.

Instead we are proposing buildings of about 18,000sf above grade total, comprising 27 modest size (therefore moderately priced) units, with 40 off street parking spaces.

So we find ourselves in the very unusual position of asking for a rezoning on the lots to accommodate fewer units, far less square footage, and more parking than is allowed under the current zoning. We need the rezoning so that we can ‘distribute’ the square footage properly, rather than have an oversized building on just 219 – 227 S. Holly.

This part of Holly Street is not identified in the master plan as an ‘area of change’. We submit to you that this proposal is exactly in keeping with that goal. It is far more appropriate to have all brick traditional City style townhouses with gardens, as we propose, rather than a massive building on one of the sites and two maxed out buildings on the 235 S. Holly and 245 S. Holly sites.

Our proposed height, stories, setbacks, and off street parking all meet or exceed the zoning standards of S-MU-3. We are not asking for E-MU-2.5 on the sites because that would (perversely) require us to make our 2nd floor larger so that our 3rd floors would be ¾ the size in comparison.

We have also asked the architect to design units that are highly energy efficient, with double wythe insulated masonry walls, solar panels, and electric car chargers in the parking lot. It will be a ‘net zero’ energy use project, with more clean energy produced on site than the units consume.

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The units are also a living example of the type of buildings that will have to be built if the “80x50 Plan” is to have any real meaning. Not to mention that we are building moderately sized / priced units for people with families, which are in great demand and limited supply, and which the City seeks. We want to live in our current neighborhood, at a price we can afford, and without polluting.

Also, I would like to mention that we are doing everyone the grace of not performing the developer trick of proposing ‘Development X’ so that we can compromise with ‘Development Y’. This is the building that we need to have approved to avoid a much larger ‘by-right’ project.

Finally, we would prefer, for everyone’s benefit, a “PUD” project, because we intend to see this project built. We have been told that PUDs are not done anymore, except under ‘extraordinary’ circumstances (is global climate change not an extraordinary circumstance?). Perhaps we can accomplish the same through a ‘development agreement’ or some other type of restrictions. Again, we are not asking to rezone as a ‘trick’ for any project to be built under S- MU-3, just this project.

I am available to meet at your convenience, anytime other than school hours.

Please email/call me anytime. Thank you!

Anna DeWitt

251-635-8789

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Anna DeWitt227 S. Holly StreetDenver, CO 80246

[email protected]

Denver Community Planning and Development201 W. Colfax, Dept.205Denver, CO 80202

Re: Rezoning request for 219, 221, 223, 225, 227, 235, and 245 S. Holly Street, .65 acres

Dear Sirs:

We the undersigned authorize Anna DeWitt to represent us regarding the rezoning of our property for the proposed ‘Green Flats’ development.

By:

Doc ID: c0a6503778ef704d420d990118d54c92726c936c

219 S. Holly

221 S. Holly

223 S. Holly

225 S. Holly

225 S. Holly

227 S. Holly

2017I-00153


mailto:[email protected]

Audit Trail

TITLE

FILE NAME

DOCUMENT ID

STATUS

Rezoning Application, Holly St.

Authorization.docx

c0a6503778ef704d420d990118d54c92726c936c

Out For Signature

12/29/2017

17:28:04 UTC

Sent for signature to Anna DeWitt

([email protected]), Colin Sidey

([email protected]), Katherine Ferraro

([email protected]), Mark Passman

([email protected]), Jennifer Preston

([email protected]), Molly Kull ([email protected]),

Lori Jensen ([email protected]), Carmen Berry

([email protected]) and Scott Press

([email protected])

IP: 73.203.111.72

12/29/2017

17:35:12 UTC

Viewed by Anna DeWitt ([email protected])

IP: 73.203.111.72

12/29/2017

17:36:32 UTC

Signed by Anna DeWitt ([email protected])

IP: 107.77.201.24

12/29/2017

18:48:13 UTC

Viewed by Carmen Berry ([email protected])

IP: 172.58.60.89

12/30/2017

14:14:00 UTC

Viewed by Scott Press ([email protected])

IP: 75.171.247.30

12/30/2017

18:22:18 UTC

Viewed by Jennifer Preston ([email protected])

IP: 73.34.165.33 2017I-00153


Audit Trail

TITLE

FILE NAME

DOCUMENT ID

STATUS

12/30/2017

18:22:57 UTC

Signed by Jennifer Preston ([email protected])

IP: 73.34.165.33

01/01/2018

18:36:53 UTC

Viewed by Molly Kull ([email protected])

IP: 209.212.55.65

01/01/2018

18:37:41 UTC

Signed by Molly Kull ([email protected])

IP: 209.212.55.65

01/01/2018

18:42:07 UTC

Viewed by Lori Jensen ([email protected])

IP: 47.138.75.50

01/01/2018

18:43:06 UTC

Signed by Lori Jensen ([email protected])

IP: 47.138.75.50

01/01/2018

18:47:30 UTC

Viewed by Katherine Ferraro ([email protected])

IP: 73.153.195.117


Authorization.docx

c0a6503778ef704d420d990118d54c92726c936c

Out For Signature

2017I-00153


Audit Trail

TITLE

FILE NAME

DOCUMENT ID

STATUS

01/01/2018

18:52:08 UTC

Signed by Katherine Ferraro ([email protected])

IP: 73.153.195.117

01/03/2018

04:25:46 UTC

Viewed by Mark Passman ([email protected])

IP: 73.34.165.33

01/03/2018

04:27:20 UTC

Signed by Mark Passman ([email protected])

IP: 73.34.165.33

This document has not been fully executed by all signers.01/03/2018

04:27:20 UTC


Authorization.docx

c0a6503778ef704d420d990118d54c92726c936c

Out For Signature

2017I-00153


2017I-00153


2017I-00153


227 S HOLLY ST | 162672056

https://www.denvergov.org/Property/realproperty/summary/162672056[12/20/2017 2:57:21 PM]

New Search

227 S HOLLY ST

OwnerScheduleNumber Legal Description Property Type

TaxDistrict

DEWITT,ANNA M227 S HOLLY STDENVER , CO80246-1105

0607433030000 EAST CAPITOL HILL SUB #2 B5 E53.69FT OF S 34FT OF L11

RESIDENTIALROWHOUSE

DENV

Property Description

Style: END UNIT Building Sqr. Foot: 809

Bedrooms: 2 Baths Full/Half: 1/0

Effective Year Built: 1957 Basement/Finish: 0/0

Lot Size: 1,826 Zoned As: E-MU-2.5

Mill Levy: 81.547 Document Type: WD

Note: Valuation zoning may be different from City's new zoning code.

Denver Property Taxation and Assessment System

2017I-00153


https://www.denvergov.org/Property/



https://www.denvergov.org/

221 S HOLLY ST | 162672021


New Search

221 S HOLLY ST

OwnerScheduleNumber Legal Description

PropertyType

TaxDistrict

FERRARO,KATHERINE221 S HOLLY STDENVER , CO 80246-1105

0607433027000 EAST CAPITOL HILL SUB #2 B5 PTL11 BEG 34FT S OF NE COR L11 W53.69FT N 34FT W 71.31FTS 13.39FTE 26.46FT S 14.80FT E 26.5FT S13.82FT E 72.04FT N8FT TO POB

RESIDENTIALROWHOUSE

DENV


Style: MIDDLE UNIT Building Sqr. Foot: 809







2017I-00153






223 S HOLLY ST | 162672030


New Search

223 S HOLLY ST


PropertyType

TaxDistrict

KULL,MOLLYANNA223 S HOLLYSTDENVER ,CO 80246-1105

0607433028000 EAST CAPITOL HILL SUB #2 B5 PT L11 BEG42FT S OF NE COR L11 W 72.04FT N 13.82FTW 26.5FT S 43.40FT E 26.50FT N 20.33FT E72.04FT N 9.25FT TO POB

RESIDENTIALROWHOUSE

DENV






Mill Levy: 81.547 Document Type: QC



2017I-00153






235 S HOLLY ST | 161789648


New Search

235 S HOLLY ST


PropertyType

TaxDistrict

MARGALA,CARMEN235 S HOLLY STDENVER , CO80246-1105

0607433016000 EAST CAPITOL HILL SUB #2 B5 L10 DIFBOOK 2270-395

RESIDENTIAL DENV


Style: ONE-STORY Building Sqr. Foot: 1394



Lot Size: 9,380 Zoned As: E-SU-DX

Mill Levy: 81.547 Document Type: DC



2017I-00153






245 S HOLLY ST | 161789575


New Search

245 S HOLLY ST


PropertyType

TaxDistrict

PRESS,ERICPRESS,NICOLE245 S HOLLY STDENVER , CO80246-1105

0607433005000 EAST CAPITOL HILL SUB #2 B5 L9 & 10DIF RCP# 0042743 RCD 11-15-84

RESIDENTIAL DENV


Style: ONE-STORY Building Sqr. Foot: 1475



Lot Size: 6,250 Zoned As: E-SU-DX




2017I-00153






225 S HOLLY ST | 162672048


New Search

225 S HOLLY ST


PropertyType

TaxDistrict

PRESTON,JENNIFERPASSMAN,MARK225 S HOLLY STDENVER , CO 80246-1105

0607433029000 EAST CAPITOL HILL SUB #2 B5 PT L11BEG 51.25FT S OF NE CORL11 W72.04FT S 20.33FT W 26.5FT S 28.42FTE 44.85FT N 34FT E 53.69FT N 14.74FTTO POB

RESIDENTIALROWHOUSE

DENV









2017I-00153






219 S HOLLY ST | 162672013


New Search

219 S HOLLY ST

OwnerScheduleNumber Legal Description Property Type

TaxDistrict

JENSEN,LORI219 S HOLLY STDENVER , CO80246-1105

0607433026000 EAST CAPITOL HILL SUB #2 B5 E53.69FT OF N 34FT OF L11

RESIDENTIALROWHOUSE

DENV


Style: END UNIT Building Sqr. Foot: 809







2017I-00153






First American Title Insurance Company 7887 East Belleview Avenue, Ste 250 Englewood, CO 80111 (303)305-1300

File #: 5509-2953782 Date: 10/24/2017 Property Address: 219 - 245 S. Holly Street

Denver, CO 80202

We appreciate the opportunity to be of service to you. To avoid delays in your closing, all funds needed at your closing should be wired! Please contact your Escrow Officer below to obtain and verify wiring instructions.

Title Officer: [email protected]

Title Assistant: PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Amendment 1 Schedule A: Amend vesting, remove parcel 3, add parcel 8, add additional search fee Schedule B - Section 1 Requirements: Schedule B - Section 2 Exceptions: delete exceptions 20, 21, 22, 23, add 26

The following parties have received a copy of this Commitment:

Buyer(s): For Informational Purposes Only

Seller(s): Eric Press and Megan Nicole Press

Thank you for choosing First American Title. We look forward to assisting you. If you should have any questions, please do not hesitate to contact us.

=

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ALTA Plain Language Commitment (2006) Commitment Page 2

Commitment Number: 5509-2953782

First American Title Insurance Company

=


INFORMATION

The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.

TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I -- REQUIREMENTS SCHEDULE B-II -- EXCEPTIONS WIRING INSTRUCTIONS CONDITIONS

YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.

If you have any questions about the Commitment, please contact the issuing office.

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COMMITMENT FOR TITLE INSURANCE

ISSUED BY


AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.

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CONDITIONS

1. DEFINITIONS

(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your Land is located.

2. LATER DEFECTS

The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment.

3. EXISTING DEFECTS

If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.

4. LIMITATION OF OUR LIABILITY

Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you.

5. CLAIMS MUST BE BASED ON THIS COMMITMENT

Any claim, whether or not based on negligence, which you may have against us concerning the title to the Land must be based on this Commitment and is subject to its terms.

6. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of

Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/ .

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DISCLOSURE STATEMENT

Pursuant to C.R.S. 30-10-406(3)(a) 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 will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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: 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.

A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and

B. That such mineral estate may include the right to enter and use the property without the surface owner's permission.

NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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:

A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit.

B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months.

C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens.

D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on

the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will

2017I-00153





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 C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. 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. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. 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.

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Amendment 1

SCHEDULE A

1. Effective Date: October 05, 2017 at 5:00 p.m. Commitment No. 5509-2953782

2. Policy (or Policies) to be issued: Amount a. ALTA Owner's Policy (06-17-06) $0.00 Proposed Insured:

For Informational Purposes Only

b. ALTA Loan Policy (06-17-06) $0.00 Proposed Insured:

3. Fee Simple interest in the land described in this Commitment at the Effective Date, is vested in Eric Press and Megan Nicole Press, as to Parcel 1, Carmen Margala, as to Parcel 2, Molly Anna Kull, as to Parcel 4, Jennifer Preston and Mark Passman, as to Parcel 5, Katherine Ferraro, as to Parcel 6, Lori Jensen, as to Parcel 7, Anna M. Dewitt as to Parcel 8

4. The Land referred to in this Commitment is described as follows:

See Exhibit "A" attached hereto and made a part hereof. For informational purposes only: 219 - 245 S. Holly Street,

Denver, Colorado 80202

Premiums: Owner's Policy: $ Lender's Policy: $ Tax Certificate Fee: $ Endorsement(s): $ Informational Fee: $500.00 Additional Parcel Charge: $200.00 (2 @ $100 each) Additional Search Fee: $100.00

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Amendment 1

EXHIBIT A Commitment No.: 5509-2953782 The land referred to in Schedule A is situated in the County of Denver, State of Colorado and is described as follows: PARCEL 1: NORTH 25 FEET OF PLOT 9 AND SOUTH 25 FEET OF PLOT 10, BLOCK 5, EAST CAPITOL HILL SUBDIVISION SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL 2: LOT 10, EXCEPT THE SOUTH 25 FEET THEREOF, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL 3: INTENTIONALLY DELETED PARCEL 4: LOT C: THAT PART OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT WHICH POINT IS 42.00 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT, THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 72.04 FEET, THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 13.82 FEET, THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 26.50 FEET, THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 43.40 FEET, THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 26.50 FEET, THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 20.33 FEET, THENCE EAST AND PARALLEL WITH THE NORTH LINE OF THE SAID LOT A DISTANCE OF 72.04 FEET TO A POINT ON THE EAST LINE OF SAID LOT, THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL C-1: THE NORTH 17.25 FEET OF THE SOUTH 52.11 FEET OF THE WEST 26.46 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL 5: PARCEL A THAT PART OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT, WHICH POINT IS 51.25 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 72.04 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 20.33 FEET; THENCE WEST AND PARALLEL WITH TILE NORTH LINE OF SAID LOT A DISTANCE OF 26.50 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 28.42 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT; THENCE EAST ALONG SAID SOUTH LINE A DISTANCE OF 44.85 FEET; THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 34.00 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID LOT A DISTANCE OF 53.69 FEET TO A POINT 014 THE

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EAST LINE OF SAID LOT; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 14.75 FEET TO THE POINT OF BEGINNING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL B THE NORTH 17.25 FEET OF THE SOUTH 34.86 FEET OF THE WEST 26.46 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL 6: PARCEL A THAT PART OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT WHICH POINT IS 34.00 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT, THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 53.69 FEET; THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 34.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 71.31 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 13.39 FEET; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 26.46 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 14.80 FEET; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 26.50 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT A DISTANCE OF 13.82 FEET; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 72.04 FEET TO A POINT ON THE EAST LINE OF SAID LOT; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL B THE NORTH 17.25 FEET OF THE SOUTH 69.39 FEET OF THE WEST 26.46 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, CITY AND COUNTY OF DENVER, STATE OF COLORADO. PARCEL 7: PARCEL 1: THE EAST 53.69 FEET OF THE NORTH 34.00 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO, ALSO KNOWN AS PARCEL A OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 29, 1999 UNDER RECEPTION NO. 9900016559. PARCEL 2: THE NORTH 17.25 FEET OF THE SOUTH 86.61 FEET OF THE WEST 26.46 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO, ALSO KNOWN AS PARCEL A-1 OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 29, 1999 UNDER RECEPTION NO. 9900016559. PARCEL 8: PARCEL A: THE EAST 53.69 FEET OF THE SOUTH 34.00 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. ALSO KNOWN AS PARCEL E OF LAND SURVEY PLAT RECORDED JANUARY 29,1999 UNDER RECEPTION NO. 9900016559. PARCEL B: THE SOUTH 17.61 FEET OF THE WEST 26.46 FEET OF LOT 11, BLOCK 5, EAST CAPITOL HILL SUBDIVISION, SECOND FILING, CITY AND COUNTY OF DENVER, STATE OF COLORADO. ALSO KNOWN AS PARCEL E-1 OF LAND SURVEY PLAT RECORDED JANUARY 29, 1999 UNDER RECEPTION NO. 9900016559.

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https://ep.firstam.com/Packages/TransferDocument?PackageID=6827641&DocID=73821539&ImageDocumentID=739105369&attach=true







Amendment 1

SCHEDULE B - SECTION I

REQUIREMENTS

The following requirements must be met:

a. Pay the agreed amounts for the interest in the Land and/or the Mortgage to be insured.

b. Pay us the premiums, fees and charges for the policy.

c. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent.

d. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company.

e. Evidence that all assessments for common expenses due under the Declaration have been paid.

The following documents satisfactory to us must be signed, delivered and recorded:

NOTE: This commitment has been issued for information purposes only and there are no requirements. The liability of the Company in terms of this Commitment is limited to the charges paid for the Commitment.

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Amendment 1

SCHEDULE B - SECTION II

EXCEPTIONS FROM COVERAGE

Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.

1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.

2. Easements, or claims of easements, not shown by the Public Records.

3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the public records.

4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records.

5. Any and all unpaid taxes, assessments and unredeemed tax sales.

6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.

7. Any water rights, claims of title to water, in, on or under the land.

8. Notes and easements as shown on the Plat of East Capitol Hill Subdivision Second Filing recorded March 24, 1887 in Plat Book 4 at Page 22C.

9. Terms, agreements, provisions, conditions, obligations and easements, if any, as contained in Cable Television Installation Agreement recorded August 2, 1984 at Reception No. 98726 (Lot 11).

10. Notes and easements as shown on the Plat of Improvement Survey Plat recorded January 29, 1999 at Reception No. 9900016559 (Lot 11).

11. Terms, agreements, provisions, conditions, obligations and easements, if any, as contained in Declaration recorded January 29, 1999 at Reception No. 9900016560 and re-recorded December 18, 2002 at Reception No. 2002241774 (Lot 11).

12. Deed of Trust from Lori Jensen to secure an indebtedness in the principal sum of $140,900.00, and any other amounts and/or obligations secured thereby, dated April 30, 2013, and recorded May 6, 2013 at Reception No. 2013064756 (Parcel 7). Trustee: Public Trustee of Denver County Beneficiary: Mortgage Electronic Registration Systems, Inc. Megastar Financial Corp., a Colorado corporation

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13. Deed of Trust from Jennifer Preston and Mark Passman to secure an indebtedness in the principal sum of $15,000.00, and any other amounts and/or obligations secured thereby, dated June 5, 2014, and recorded June 9, 2014 at Reception No. 2014065713 (Parcel 5). Trustee: Public Trustee of Denver County Beneficiary: Colorado Housing Enterprises, LLC

NOTE: The effect of Subordination Agreement recorded September 8, 2015 at Reception No. 2015126359 given in connection with the above Deed of Trust purporting to subordinate said Deed of Trust to the lien of the Deed of Trust recorded September 8, 2015 at Reception No. 2015126358 .

14. Deed of Trust from Katherine Ferraro to secure an indebtedness in the principal sum of $211,725.00, and any other amounts and/or obligations secured thereby, dated June 8, 2015, and recorded June 9, 2015 at Reception No. 2015075503 (Parcel 6). Trustee: Public Trustee of Denver County Beneficiary: Mortgage Electronic Registration Systems, Inc. Hallmark Home Mortgage, LLC

15. Financing Statement from Jennifer Preston and Mark Passman, Debtor, to Solarcity Corporation, Secured Party, recorded September 2, 2015 at Reception No. 2015123991 (Parcel 5).

16. Deed of Trust from Jennifer Preston and Mark Passman to secure an indebtedness in the principal sum of $174,000.00, and any other amounts and/or obligations secured thereby, dated August 25, 2015, and recorded September 8, 2015 at Reception No. 2015126358 (Parcel 5). Trustee: Public Trustee of Denver County Beneficiary: Mortgage Electronic Registration Systems, Inc. Pinnacle Capital Mortgage LLC

17. Deed of Trust from Molly Anna Kull to secure an indebtedness in the principal sum of $154,000.00, and any other amounts and/or obligations secured thereby, dated September 25, 2015, and recorded October 7, 2015 at Reception No. 2015141349 (Parcel 4). Trustee: Public Trustee of Denver County Beneficiary: Mortgage Electronic Registration Systems, Inc. Lakeview Loan Servicing, LLC

18. Deed of Trust from Jennifer Preston and Mark Passman to secure an indebtedness in the principal sum of $40,000.00, and any other amounts and/or obligations secured thereby, dated March 25, 2016, and recorded April 18, 2016 at Reception No. 2016049172 (Parcel 5). Trustee: Public Trustee of Denver County Beneficiary: Vectra Bank Colorado

19. Any tax, lien, fee, or assessment by reason of inclusion in the The East Side Sanitary Sewer District No. 5 as evidenced by Ordinance, as evidenced by instrument recorded October 20, 1950 in Book 6816 at Page 117.

20. Intentionally deleted.



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24. Deed of Trust from Scott Eric Press and Megan Nicole Press to secure an indebtedness in the principal sum of $463,600.00, and any other amounts and/or obligations secured thereby, dated September 5, 2014, and recorded September 8, 2014 at Reception No. 2014108908 (Parcel 1). Trustee: Public Trustee of Denver County Beneficiary: Compass Bank

25. Any existing leases or tenancies.

26. Deed of Trust from Anna M. Dewitt to secure an indebtedness in the principal sum of $248,900.00, and any other amounts and/or obligations secured thereby, dated March 29, 2016, and recorded March 30, 2016 at Reception No. 2016039655 (Parcel 8). Trustee: Public Trustee of Denver County Beneficiary: Wells Fargo Bank, N.A.

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Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency.

Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. -------------------------------------------------------------------------------- Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.

Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)

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The Suburban zoning is highly appropriate for our neighborhood. In fact, we are requesting the same zoning designation (S-MU-3) that was used for the nearby Crestmoor Heights development. It is actually more appropriate than the current zoning (E-MU-2.5) given that our immediate area has few alleys and many curved streets:

From the Denver Zoning Code: GENERAL CHARACTER The Suburban Neighborhood Context is characterized by single-unit and multi-unit residential, commercial strips and centers, and office parks. Single-unit residential consists typically of Suburban House forms with street-facing garages. Multi-unit building forms are typically separated from single-unit residential and consist of clustered Garden Court, Town House, and occasional mid- and high-rise Apartment forms. Commercial buildings are typically separated from residential and consist of Shopfront and General forms. Single-unit residential uses are primarily located away from residential and commercial arterial streets. Multi-unit resi-dential and commercial uses are primarily located along arterial and collector streets. STREET AND BLOCK PATTERNS The Suburban Neighborhood Context consists of an irregular pattern of block shapes surrounded by curvilinear streets within a modified or non-existent grid, with cul-de-sacs and typically no alleys. Block shapes and sizes vary. The typical block pattern includes attached sidewalks (though sidewalks may be detached or non-existent), street and surface parking, and generous landscaping between the street and buildings.

1. Consistency with Adopted Plans:

Our buildings take aging 1950s houses/one story condos and replaces them with units that read as expensive City townhouses, which is highly appropriate for the area, which has seen many infill projects.

2. Uniformity, and Public Health, Safety, General Welfare

Our buildings are consistent with an elegant neighborhood. We are providing parking above the required amount. We have designed buildings which create as much energy onsite as they use. We will be providing housing opportunities for people who cannot afford $1,000,000+ houses, such as teachers.

3. Justifying Circumstances

Our buildings will actually be consistent with maintaining the area ‘as is’ since it is the existing buildings which are now completely out of character with the area. Further, as stated above, we are trying to avoid building a huge big foot building on 219 to 227 S. Holly, which we are allowed to do BY RIGHT today. So the ‘rezoning’ is precisely an attempt to maintain the character of the area as it is now.

4. Consistency with Neighborhood Context

The new buildings will be between a townhouse project and a commercial building, so they are highly consistent with the neighborhood context. It is the aging 1950s houses there now that are inconsistent. We have also created a significant distance from the rear of our units to the houses to the west.

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12

6

2

2

1

10

7

4

9

14

19

22

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2

3

1

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38

34

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2728

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Tract A

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7

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2019

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Lot B

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Lot A

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25

6

7

5

20

2

20

11

6

2

22

15

17

5

15

35

38

48

24

30

17

1

6

3

4

1

4

47

6

8

9

7

4

14

5

7

47

40

43

47

52

24

39

30

24

21

12

3

3

1

19

12

54

22

5

3

1

17

27

25

45

48

31

43

33

31

29

3839

25

9

1

18

9

19

16

31

28

46

26

40

28

9

4

6

1

20

1213

4

67

29

3334

44

50

3938

36

7

3

25

5

22

3

1817

10

54

8

23

14

16

10

3

33

32

31

3534

45

50

30

43

21

16

12

15

7

20

31

35

47

33

37

4241

21

10

15

9

7

48

44

19

2

1

13

21

14

16

18

7

19

37

4342

2526

2829

35

4443

40

10

16

3

E ELLSWORTH AVE

S KEARNEY LN

NLO

CUST

ST

E CEDAR AVE

E BAYAUD AVE

E ALAMEDA AVE

N KEARNEYST

E ALAMEDA AVE

E CEDAR AVE

E 1ST AVE

N KRAMERIA ST

N IVY

ST

N JER

SEY S

TN HOL

LY ST

S LEY

DEN

ST

S KEA

RNEY

ST

S JAS

MINE

ST

S KRA

MERI

A ST

S JER

SEY S

T

S LOC

UST S

T

S HOL

LY ST

S IVY

ST

S MON

ACO

STRE

ET PK

WY

N JAS

MINE

ST

N IVANHOE S

T

N MO

NACO

STRE

ET PK

WY

N SOUTHMOOR DR

PUD101

PUD99

PUD633

E-TH-2.5

G-MX-3

E-MU-2.5

R-2-AWVRS

U-SU-AWVRS

E-SU-DX

S-MU-3

OS-A

E-SU-G

E-MX-2X

OS-BR-2-A

WVRS *

S-MX-2X

S-SU-D

1

8

9

64

2

3

5

1

21 3 4 5 7

11

20

23

19

12 1016 14

26

15

24

2527

48

28

13

21

22

Sep 15, 2017

0 100 200 300 400 500Feet

Scale 1" = 200'

City and County of DenverZoning Map

²

Disclaimer: The City and County of Denver shall not be liable for damages of any kind arising out of the use of this information. The information is provided "as is" without warranty of any kind, express or implied, including, but not limited to, the fitness for a particular use. This map is a representation of the proposed official zoningmap for the City and County of Denver, filed with the Denver City Clerk on May 20, 2010.

City and County of DenverCommunity Planning and DevelopmentGeographic Information Systems

Quarter Section Index

Surrounding Mapsheets

SE_038 SE_036

SE_052

SE_030SE_029

SE_053SE_051

SE_031

SE_037

BROA

DWAY

BROA

DWAY

COLFAX AVE.COLFAX AVE.

When printed at 17"x22"

QUARTER SECTION: SE_037

SE_037SE_037

Crestmoor Heights

2017I-00153


JasonLewiston

Rectangle

JasonLewiston

Typewritten Text

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