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HomeMy WebLinkAboutMS-11-07jmq I CU , & RECUM ` irr (30 271--8121 I F RIDGE 9133 WE 01/31/2013 W:18: FM T 21.00 3 T 21.00 . . YCJJ Dep-ty: ms-[,[-V Meredith Reckert • • -� M From: Kurt Linn & Associates <tkli�nnsu e in msn.com> Date: February 19, 2013, 8:47:23 AM EST To:'Dave Brossman'<dbrossmaniWKciL.wheatridge.co.us> Cc:'Meredith Reckert'<mreckertiOci.wheatridge.co.us> Subject: RE: Flageolle Plat Good morning all, as you are aware the original plat omitted the Lot 1 designation on Sheet 1. 1 am attaching a PDF of Sheet one • the Amended Plat. I have added the Lot I Designation and Note 12 depicts the purpose • the amendment. If you would not mind giving this a quick glance to let me know everything is in order. Once I hear back will run the Mylar's Thanks for your assistance From: Dave Brossman [mailto:dbrosmn ci.whe trill us] Sent: Friday, February 08, 2013 7:09 AM To: 'Kurt Linn & Associates' Subject: RE: Flageolle Plat ME= 1 Take care, oh and just to let you know if you have anything coming in for review I will be going to Florida this coming Wednesday and will be out of the office the following week. Have a great day! D. Meredith Reckert From: have Brossman Sent: Thursday, February 07, 2013 10 AM To: 'Kurt Linn & Associates' Cc: Meredith Reckert Subject: RE: Flageolle Plat Nope sorry ... everyone will still need to sign (same signature blocks as on original). The only difference between this plat the original is the title and the note explaining the purpose. David F. Brossman, Ply,S Development Review Engineer/ City Surveyor Phone & Fax: 303.235.2864 City ILA ' j�PrWh6at 1 d e 11 ust. fc WORKS Sent: Thursday, February 07, 2013 10:49 AM To: Dave Brossman Subject: RE: Flageolle Plat A Dav id F. Brossman, PLS Development Review Engineer/City Surveyor 0 Phone & Fax: 303.235.2 64 City CA ,� � ) PIJBIAC WORKS From: Kurt Linn & Associates [mailto:klinnsury in rn n,com Sent. Thursday, February 07, 2013 10;42 AM To: Dave Brossman Cc: Meredith Reckert Subject; Flageolle Plat Goad morning, checked on line this morning and Let 1 is not labeled on Sheet one of the recorded Plats. Not sure how, all my copies and file show it. Anyway any suggestions. Regards, Gordon Page Kurt Linn & Associates 8790 West Colfax Avenue, Unit 20 Lakewood, Colorado 80215 303 233 - 11.71 (Office) 303 237 -1893 (fax) klinnsurve in msn.com Website: htto:llkurtlinnsurvevine,com I Ez P-1 A OVI e0 Cl 1.1V M Clz� CA —4 i Al. ow C MI" tW 1 z" cls1 rn Q. rlo fri t J r-M KIII 10 ZZ FY JA I Ez P-1 A t J FY JA dC tk cr I Ez P-1 A I 8' 11 I Em yw dC I 8' 11 I Em yw Meredith Reckert • Mr, Flageolle is not entirely correct in the information that he relayed to you; I'm afraid he simply did not grasp the (engineering) design I discussed with him, Recap: The design concept we all discussed at our meeting on March 12 1h included the concrete access drive with curbing along the southerly side (to handle the offsite by-pass flows), At that time I stated I would need to discuss this concept with our Public Works Director, Tim Paranto, prior to committing to this being an acceptable design (due to the existence of some, albeit minor, WQ aspects of the current ditch), f TrUPUrnaTmn 1 tileen us, anT to nope u y a ow you to provide Mr. Flageolle with the proper proposal, I David F. Brossman, PLS Development Review Engineer/City Surveyor Phone & FaN, 303.235.2864 #1 City of 99, � r i , I' Wh64-�tf-koge PUBLIC WORKS From: Patrick Roberts [mailto:PRoberts@martinmartin.,com] Sent: Tuesday, March 20, 2012 8:42 AM To: Dave Brossman Cc: Mark Thombrough; Eric Barney Subject: 3470 Jay Street - Completion of Proposal - Flageolle subdivision NM We are currently finishing the proposal for Mr. Carl Flageolle at 3470 Jay Street and wanted to outline with you the requirements for the City of Wheat Ridge acceptance according to the meeting we had on March l2th, 2012. From discussions with Mr. Flageolle after our meeting, he had stated that further coordination with you after our meeting indicated that the existing improvements that had occurred on the property (installed curb and curb cut) would not have to be updated and could remain as they currently exist. We have included some of the bullet points from our meeting and wanted to coordinate with you to determine if all aspects of the project were covered prior to providing the proposal to Mr. Flageolle. Please review the following summary and let us know if there are any additional items involving the scope of work that we missed or if we misunderstood any scope items. Exclusions of Martin Martin Proposal Bv Martin/Martin DELME Patrick Roberts Engineer If Martin/Martin, Inc. 12499 W, Colfax Ave- Lakewood CO 8021 P) 303-431-6100 Ext. 353 www.martinmartin.com 11 1 11111 [fi ll i llill s 'l l 111 11111 MATCH EXISTIN A~ NOTTOSCALE NOTES CONTRACTION JOINTS REQUIRED IN DRIVECUT AT MAXIMUM 10'SPACING REVIEW LOCATION OF PROPOSED TOOLED jOINTS IN FIELD WTH IINSPECTOR PRIOR They will need to widen the existing drivecut to tie in their proposed 'TO PLACING CONCRETE access drive. To be approvable they will need to tie-in the vertical DRIVECUTS ARE TO BE PLACED MONOLITHIC WITH CURB & GUTTER. curb & gutter along the south side of the proposed access drive and include an ADA compliant sidewalk access on the south end as shown herein (per the PW Director). The remaining portion of the IF - lex sting drivecut will not need to be reconstructed, (The existing u- TRANSITION I channel will need to be removed), i | - imits of New -' CURB -n----~— sor&'vsnnc* o City of h6ati,� City of Wheat Ridge Municipal Building 7500 W. 29" Ave, Wheat Ridge, CO 80033 8001 P: 303,2352846 F: 301235,2851 • i Carl Flageolle 8249 Estes Ct. Arvada, CO 80005 NEEIIW� • I i ♦ a • — a . of a i 1 4114" M liffifill • &TO " 4 MG • I . All agencies can provide service to the property with improvements installed a, developer's expense. 2. All requirements of Article I'V of the zoning and development code have been In With the following conditions: Enclosed is a draft copy of the minutes stating the Commission's decision. A blackline mylar of the plat with original signatures needs to be submitted for recording with Jefferson County within 60 days of final action. The fees for recording with Jefferson County are S I I per page. Enclosed are Jefferson County's recordation requirements. Please feel free to contact me at 303-235-2846 if you have any questions. Kathy Field Administrative Assistant www.d.wheatridge.co.us 7. PUBLIC HEARING A. Case No. MS-1.1-07 icontinued Lrom Februarr 2 4 20L21: An application filed Carl Flageolle for a 3-lot subdivision plat on property zoned Residential-Two an located at 6130-6160 West 35 Avenue. I # I ayfflONOWN at 11WRIOZONUM # ralra1 lrer-MUNIM401111CO) v1AN, Ms. Reckert WON I " not given to consolidating all of AN asked if the applicant could improve the access from the E jert exnlid In response to a question from Commissioner TIMMS, Ms. Reckert stated that the new lots will be addressed from Jay. Thirty-foot setbacks would be measured ftom the west side of each lot. Planning Commission Minutes - 2 - February 16, 2012 Commissioner MATTHEWS asked if there are appropriate setbacks for the accesso structures. Ms. Reckert explained that these have been determined to be existing conditions. I Chair BUCKNAM opened the public hearing. The following individuals addressed Commission: Jerome Flageolle 6130 West 35' Avenue Mr. Flageolle, the applicant, stated that he purchas y in 1989. He explained the additional land purchases and progression of ♦ i members of his family, He noted that a previous owner built a "spite li cess from the Ingalls Street bulb into 6160. 1 1 R 1-90 Claude Deandrea 3335 Ingalls Mi. Deandrea asked if the emergency a from Ingalls could be�l 1, % Z changed in the future, Ms. Reckert replied that it could not be clia"I""J"', , cd with city involvem a nt . N AIA Sue Gilmore 3363 Jay Street . . . . . . . . . . . . . Ms. Gilmore asked for con i4j firm" a"W!1'1� on t h ' " " e s would be built on the lots. Mr. Flageolle assured her that w� cas th ough p roperty is zoned as R-2. W, that h been a nhbor to the applicant for the past twelve years property was not negatively af of ih of single family homes. Ms. be built on the property under the 4 dhif t e emergency access from Ingalls would stay with the $�q opened up to through traffic. He stated that if he ever sells his stipulation of sale that the access would stay as emergency There were no other members of this time. Chair BUCKNAM closed the public hearing. I R07 =777"77 a Yot merger withTr ct and 6 i 60, Ms. Re explained that the city has no control over how land changes hands. Planning Commission Minutes - 3 - February 16, 2012 I I I U&MMIJOU"a I On 0 1 -)U Were to be removed, a permanent structure could not 11T built on this lot. It was moved by Commissioner BRINKMAN and seconded by Conintissioner OHM to approve Case No. MS-1 1-07, a request for approval of a three-lot minor subdivision on R-2 zoned property located at 6130 West 35 Avenue and south of 6160 West 35 Avenue, for the following reasons:-,. 1. All agencies can provide service at the developer's expense. 2. All requirements of Article IV met. AMI 1. The access easel, 2. All appropriate 3. Above-ground ti place. 4. Fees in 1164 Up 5. MinoilhiiivaLm M1 = code have been nt I (7iffma - I r to record's in ional concti i P ! 0 i rried 5-0. [a and access are in to recording. I . rt condition be included, that the and OHM were agreeable to this M M ff-9= - MMI.IXT major activity notice requirements, 1 Now M#F_J11t9dMr41 I I I # , 0 Commissioner MATTHEWS informed those present that Louise Turner passed away. Louise served as the first city clerk for the City of Wheat Ridge and was an active member of the community. Planning Commission Minutes - 4 - February 16, 2012 City of � Wh6atRj� g COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: February 16, 2012 CASE NO. & NAME: MS -11 -07 /Flageolle ACTION REQUESTED: Approval of a three lot minor subdivision on R -2 zoned property LOCATION OF REQUEST: 6130 West 35` Avenue and property south of 6160 W. 35th APPLICANT: Carl Flageolle PROPERTY OWNER: Craig Flageolle for Flageolle Real Estate Trust PRESENT ZONING: R -2, Residential -Two CURRENT USE: single family dwelling, accessory structures, vacant land ENTER INTO RECORD: SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commission MS- 11- 07/Flageolle All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. The applicant is requesting approval of a three-lot minor subdivision on R-2 zoned property located at 6130 W. 35 Avenue and vacant land south of 6160 W. 35"' Avenue. The purpose of the request is to legitimize an existing house's accessory structure and to create two parcels for single family construction. Because this is a minor subdivision with no right-of-way dedication, Planning Commission is the final authority for approval. 11. EXISTING CONDITIONS The property is approximately 2.07 acres in size, is zoned R-2 and is located at the southeast quadrant of W. 35"' Avenue and Jay Street. The properties involved in the subdivision include parcels owned by the extended Flageolle family (Flageolle Real Estate Trust). (Exhibit 1, aerial photo) These properties include the following, as identified by the Jefferson County Assessor (see attached map): Vacant land south of 6160, 6154 and 6138 W 35"' Avenue: This area is currently undeveloped. There is a drainage swale running along the southern boundary of the site which accommodates/captures local drainage. The terminus of the cul-de-sac bulb for Ingalls Street abuts the property from the south. The property is surrounded on all sides with R-2 zoning, developed primarily with single family dwellings with a few duplexes sprinkled in. The proposed plat will subdivide the property into two new lots and consolidate a portion of the vacant property with 6130 W. 35`x' to legitimize the large garage built to the south of the house. Per the zoning and development code, accessory structures cannot be on property without a primary structure. Planning Commission 2 MS- 11- o7 /Flageolle This piece is identified as Lot 3 of the plat and has direct access to West 35"' Avenue. There is existing curb, gutter and sidewalk on 35"' fronting 6130 W. 35 Avenue, (Exhibit 2, Plat). The other two lots will access Jay Street via a private drive. Section 26-609 (Access to Public Streets) allows up to four dwelling units on a private drive as long as the access is at least 20' in width and paved. Staff would note that the access easement should be increased in width from 15' as show on the plat document to 20'. The access easement could be combined with the adjacent 10' wide water line easement to meet this requirement. Both Lots I and 2 are large enough to accommodate two-family structures. New construction on these properties will have to be compliant with setbacks and lot coverage for the R-2 district. Tract A is being created so that the existing accessory structures on it can be used by the owner of 6160 W. 35' The intent of this tract is described in note 6. Copies of these casements have been provided to City staff. Staff has reviewed and approved the easements but they must be recorded and referenced on the plat document prior to plat recording. All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed by the property owner. Specific referral responses follow. Wheat Ridge Water: Can serve. Wheat Ridge Fire: Can serve. Xcel Energy: Can serve. Wheat Ridge Public Works: The Public Works Department has reviewed the proposed plat and has minor comments which must be addressed. Security for utility improvements must be provided prior to plat recording. A Homeowners Association Maintenance agreement will be required to ensure, proper maintenance of improvements and their respective easements both on and off-site. Wheat Ridge Parks and Recreation Commission: Will require fees in lieu of parkland dedication for the two new single family homes at the time of plat recording. Staff concludes that with the widening of the access easement from Jay, all appropriate off -site casements have been procured but must be recorded and reflected on the plat. Staff further concludes Planning Commission Ms- 11 -o'7 /Fla eolle Planning Commission MS- I 1- 07 /1''lageolt r � fp fhr -V 6163 6154 i .. 6138 349,. J a J 9'i�1.Z �. 470 610 6:60 6130 low EXHIBIT 1 m .u1YM . m`. Will" , , lll, .. 1R1 ♦ a r. ... «i ..v li I... ♦ DY..i:... ... c- ,.'v .F...t;... a= r s 3 20 llli,� !WEST 35TH AVENUE 50' ROW W — ® o! o 10' UTILITY EASEMENT -- � , EASEMENT HEREBY CREATED BY THIS PLAT j z VICINITY MAP I "=300' 1, JEROME J. FLAGEOLLE, FOR AND ON BEHALF OF FLAGEOLLE REAL ESTATE TRUST, GERALD J. FLAGEOLLE AND LAURA M. FLAGEOLLE, BEING THE OWNERS) OF REAL PROPERTY CONTAINING 90,140,42 SQ.FT OR OR 2.0693 ACRES DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., WHENCE THE WEST QUARTER CORNER OF SAID SECTION 25 SEARS S 89'41'58 W FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION, THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, S 89 °41'58" W A DISTANCE OF 661.14 FEET: THENCE N 00'20'28' W ALONG THE NORTH SOUTH CENTERLINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25 A DISTANCE OF 994.99 FEET, THENCE N 89'46'15' E ALONG THE SOUTH LINE OF THE UTTLEJOHN SUBDIVISION AS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICES UNDER RECEPTION NUMBER 94009016, A DISTANCE OF 118.00 FEET TO THE POINT OF BEGINNING; THENCE N 00'20'29` W ALONG THE EASTERLY LINE OF SAID LITTLEJOHN SUBOI ISION A DISTANCE OF 154.00 FEET; THENCE N 89'46'15 E A DISTANCE OF 200.01 FEET; THENCE S x°20'28" E A DISTANCE OF 4.00 FEET; THENCE N 89'46'15 E A DISTANCE OF 49.99 FEET; THENCE N 00 1 20 1 29' W A DISTANCE OF 156.51 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST 35TH AVENUE; THENCE N 89'47'40" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 53.01 FEET; THENCE S 00'02'28" E A DISTANCE OF 306.49 FEET TO A POINT ON THE NORTHERLY LONE OF THE MORRIS SUBDIVISION AS RECORDED IN THE OFFICES OF THE JEFFERSON COUNTY CLERK AND RECORDED IN BOOK 9 AT PAGE 36; THENCE ALONG THE SOUTHERLY LINE OF SAID MORRIS SUBDIVSION S 89'46'15`" W A DISTANCE OF 303.01 FEET TO THE POINT OF BEGINNING. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF E AGEOLLE SUBDIVISION A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES E�JT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPU TENANCES THERETO. GERALD J. FLAGEOLLE 6130 WEST 35TH AVENUE WHEAT RIDGE COLORADO STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _._._.._.DAY CF A.D. 2011 BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC LAURA M. FLAGEOLLE 6130 WEST 35TH AVENUE WHEAT RIDGE COLORADO STATE OF COLORADO } ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ —DAY OF , A.D. 2011 BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC JEROME J. FLAGEOLLE, FOR AND ON BEHALF OF FLAGEOLLE REAL ESTATE TRUST STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -D AY OF A.D. 2011 BY— WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC CITY CER77RCA77 APPROVED THIS —_ DAY OF -, 2011 BY THE CITY OF WHEAT RIDGE. ATTEST i 7, T, I S' I� I. I i 11 l ►T � Ti �i I' � Y I 1 � 7 I'7 5[ I w T t I C+ � T; DIRECT OF PUBUC W O RKS JEFFERSON COUNTY CLERK AND RECORDER CASE HISTORY BY: 2644.56' CTR 1/4 DEPUTY SEC. 25, T32, R69W FND 3 3/4" BRASS CAP FND 3 1/4" BRASS CAP IN RANGE BOX IN RANGE BOX PREPARED BY: CITY OF WHEATRIDGE KURT LINN AND ASSOCIATES 8790 WEST COLFAX AVENUE, UNIT 20 LAKEWOOD, CO. 80215 303 - 233 --1171 237 -1893 (fox) JOB # 1110 -07 100.01' DATE OF PREPARAT {ON. OCTOBER 22, 2011 CITY COMMENTS: D.EC£MBER 30, 2011 N LINE TABLE LINE LENGTH BEADING L1 4,00 300'2 - - - -- L2 53.01 N89'47 "E —1 Cr Cr � p i I I 05 to I H.. i i rn N 0) e 1 IN � t o to it WEST QTR. CORNER SEC. 25, T3S R69W FOUND 3 3/4" BRASS CAP CITY OF WHEAT RIDGE IN RANGE BOX PLS 32429 • M -1: FOUND 1 1 /4" PLASTIC CAP ON No. 5 REBAR I PLS 9010 BURDICK S 46'32'55" E 0.25' FROM CORNER N L-w • M -2: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR �f PLS 9010 BURDICK N89 °46'15 "E 0.16' FROM CORNER • M -3: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR trp PLS 9010 BURDICK N 6736'40" E 0.11' FROM CORNER I -4 O M -4: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR 1 `� NK I PLS 9010 BURDICK S S 15 °57'28" E 0.60' FROM CORNER •+ M -5: FOUND CHISLED CROSS IN GONG. DRIVE S 1557'28" E 0.10' FROM CORDER O M -5: SET 1 'I /4" PLASTIC CAP ON No. 5 REBAR / 1" BRASS TAG 4 PLS 29048 I I� E i + 2644.56' - -- S89 °41'58 "W SOUT14 LIVE NW IA SEC 25, T3S, R69W BASIS OF BEARING -__ —_— P.O.C. CTR. QTR. SEC. 25, T3S R69N/ FOUND 3 1/4" BRASS CAP CITY OF WHEAT RIDGE IN RANGE BOX PLS 28279 LOT 4 MORRIS SUBDIVISION ZONED R -2 I 00 't N � I o � N m Li Li c z Z N U w 0= rn Ty LO NW CORNER CORNER SEC. 25, T32, R69W NW CORNER CORNER FND 3 1/4" BRASS CAP SEC. 25, T32, R69W IN RANGE BOX FND 3 1/4" BRASS CAP CITY OF WHEATRIDGE IN RANGE BOX PLS 13212 CITY OF WHEATRIDGE N: 705840.0296 PLS 13212 E: 121076.8543 N: 705845.1409 ID# 15809 E: 123725.7908 A N 89'53 ° 22" E 2648.94' ID# A 15909 W 1/4 CORNER S89 ° 41'58 "W 2644.56' CTR 1/4 SEC. 25, T32, R69W SEC. 25, T32, R69W FND 3 3/4" BRASS CAP FND 3 1/4" BRASS CAP IN RANGE BOX IN RANGE BOX CITY OF WHEATRIDGE CITY OF WHEATRIDGE PLS 32429 PLS 13212 N: 703180.1942 N: 703194.0624 E: 121095.9575 E: 123740.4785 ID# 16809 IDS 16909 e1dME 1. DATE OF SURVEY: OCTOBER 13. 18 2011. 2. AREA OF PROPERTIES SURVEYED: 54,548.27 SO. FT. 1.2523 ACRES 3. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON, 4. BEARINGS ARE BASED ON THE FOUND 3 1/4" BRASS CAP AT THE EAST QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. AND A FOUND 3 3/4" BRASS CAP AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. FORMING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. ASSUMED TO BE 589'41'58 "W 2644.56' PER THE CITY OF WHEAT RIDGE CONTROL MONUMENT NETWORK. NAD 83, MODIFIED STATE PLANE COORDINATE SYSTEM. COMBINED SCALE FACTOR OF 1.00025226062 5. NOTICE: ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT, OR LAND BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18 -4 -508. 6. THE PURPOSE OF THIS MINOR SUBDIVISION PLAT IS TO CREATE A 3 LOT SUBDIVISION WITHIN BLOCK 4, HIGHLAND GARDENS SUBDIVISION, CREATE A USE AND ENCROACHMENT EASEMENT ENCOMPASSING A BRICK GARAGE, CONCRETE DRIVEWAY AND WOODEN FENCE FOR LOT 5, MORRIS SUBDIVISION. CREATE A DRAINAGE /ACCESS AND UTILITY EASEMENT ALONG THE SOUTHERLY LINES OF LOTS 1 AND 2 AND TO CREATE TRACT A FOR FUTURE CONVEYANCE DUE TO EXISTING STRUCTURES FROM 6160 VEST 35TH AVENUE AS SHOWN HEREON. 7. THERE ARE NO PUBLIC RIGHTS OF WAYS BEING DEDICATED BY THIS PLAT. 8. THE SUBJECT PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION X BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD PLANE MAP NO. 0805900214 E, WITH A DATE OF IDENTIFICATION OF JUNE 17, 2001, FOR COMMUNITY NO. 080579 E, IN JEFFERSON COUNTY, STATE OF COLORADO, WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR THE COMMUNITY IN WHICH THE PROPERTY IS SITUATED 9. THE SUBJECT PARCEL IS ZONED R -2, PER THE CITY OF WHEAT RIDGE ZONING MAP DATED FEBRUARY 20, 2010. 10. KURT LINN & ASSOCIATES. DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWNERSHIP, EASEMENTS OR RIGHTS -OF -WAY OF RECORD, NO TITLE POLICY OR COMMITMENT WAS PROVIDED TO ESTABLISH THE EXISTENCE THEREOF. BOUNDARIES AND EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT. THE GEODETIC CONTROL DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.06, US SURVEY FEET AT THE 95% CONFIDENCE LEVEL AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FODC- STD - 007.2 -1998) T NOM A THIRTY FIVE FOOT (35') WIDE ACCESS /DRAINAGE AND UTILITY EASEMENT(S) ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO AND ALONG THE 14ORTH LINE OF SAID MORRIS SUBDIVISION, FIVE -FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. AND IS DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES ALONG WITH PRIVATE DRIVES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID ACCESS /DRAINAGE AND UTILITY EASEMENTS. ALL PRIVATE DRIVES ARE TO BE MAINTAINED BY EACH LOT OWNER AND NO FENCES /GATES ARE TO CROSS SAID ACCESS EASEMENT. EASEMENTS AS CREATED BY THIS PLAT ARE SHOWN AND NOTED HEREON. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 'CROSS - ACCESS /INGRESS- EGRESS EASEMENTS% AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND /OR FROM ABUTTING PUBLIC STREETS. 1, GORDON S. PAGE III DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF FLAGEOLLE SUBD l0h WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. GORDON S. PAGE III PLS 29048 KURT LINN & ASSOCIATES 8790 W COLFAX AVE, #20 LAKEWOOD CO. 80215 303 233 -1171 LEGEN INDICATES EASEMENT LINE INDICATES ALIQUOT SECTION LINE INDICATES BOUNDARY LINE -- INDICATES DEED LINE TO BE REMOVED ---- INDICATES PROPOSED LOT LINE ----- - --- -- INDICATES 35' ACCESS/ DRAIANGE/UTILITY EAS €VENT LINE ____________ INDICATES 3.75' USE - ENCROACHMENT EASEMENT LINE _ __—INDICATES CENTERLINE EXISTING DITCH ZONED R -2 REC, No. F0797276 ZONED R -2 200,01 ° - --- Pi I I I 15,400 sq. ft. W WI 0.3535 acres i Cl =00D NCE ® 10 .00 1OP OF BLOCK WALL Iri J I g N �- z REC, No. F0130848 LOT 2 ZONED R -2 BLOCK1 LITTLEJOHN z SUBDIVISION ZONED R -2 12.1 nm a 0 �� N W46'15 El I 100.01' LOT 3 ® BLOCK ri WALL —� — 1 0.01 � z 41.5 TRACT A _ 1,500 sq. ft. 0.0344 acres ZONED R -2 REC, No. F0797276 ZONED R -2 200,01 ° - --- Pi I I I 15,400 sq. ft. W WI 0.3535 acres i Cl =00D NCE ® 10 .00 1OP OF BLOCK WALL Iri J I g N �- z N 89,46'15" E HEREBY REMOVED i M - -4 { 1 49,99® BY THIS PLAT i o 0 Cd I LOT 3 0 � c�V -- 5.0' � z 41.5 LOT 1 LOT 1 BLOCK1 13,904 sq. ft. LITTLEJOHN 0.5451 acres 0.3192 acres SUBDIVISION g -• l ZONED R -2 REC, No. F0797276 ZONED R -2 200,01 ° - --- Pi I I I 15,400 sq. ft. W WI 0.3535 acres i Cl =00D NCE ® 10 .00 1OP OF BLOCK WALL Iri J I g N �- z g � cv Gi N 89,46'15" E HEREBY REMOVED i M - -4 { 1 49,99® BY THIS PLAT i o a I LOT 3 -- 5.0' N 41.5 LOT 2 g � cv Gi 0 w 4 m 5.0' 1 W - / Cl Lv 10.0' 35' ACCESS /DRAINAGE /UTILITY I I f r W x EASEMENT HEREBY CREATED BY THIS PLAT I �� r f' m 10' WATER EASEMENT ,- — z 150 REC,NO. ' _ - GRAVEL RAV _L 95' ACCESS "AS N- � DR � � ME IV E REC NO 35.0' - W Ld ._ .. .__ R INE DITCH - -- _ --_ — • -- � - -� � - � °•°° - '-- CONCRETE WALL . Do' -" 9100' -- M 2IN89 °46'15 "E 118.00' P.O.B. M -3 l 3.75' ° S89`46'15 "1l o�vERETE I T 303,01' wooD FENCE 10' DRAINAGE EASEMENT + TRACT B 2 8 ' ®" ° ®'® I - ) r l r- - ' UTILITY REC, No. 83107610 i i + i ) r EASEMENT ° BRICK GARAGE I ACCESS /UTILITY EASEMENT ° I r- -- W EASEMENT �. REC.NO. \` LOT 5 MORRIS SUBDIVISION T r' REC, No. F0130848 + — -- ZONED R -2 + ZONED R -2 wv DG E -1: 5' UTILITY EASEMENT HEREBY CREATED BY THIS PLAT r � t J F j N 89,46'15" E HEREBY REMOVED i M - -4 { 1 49,99® BY THIS PLAT i o a I LOT 3 N 41.5 23,746 sq. ft. I. N z �o 0.5451 acres g -• l u R N N p ro I N O N i O p s COVERED g 0 Co — 26 L N P g r Yw o o g u o z 00 C J � m e �o N N t] g: U o a W ill ( 0 r o O C 5 z g z � L w N 04 z C3 C'S = > ro o. Co 1 0 , o � Mz 00 I o o w r w 0 z z cP9 z - I 04 o w W N u 0 Y COVERED g J PATIO J z a g � V I DEED LINE z 0 w 4 m 5.0' 1 W - / Cl Lv 10.0' 35' ACCESS /DRAINAGE /UTILITY I I f r W x EASEMENT HEREBY CREATED BY THIS PLAT I �� r f' m 10' WATER EASEMENT ,- — z 150 REC,NO. ' _ - GRAVEL RAV _L 95' ACCESS "AS N- � DR � � ME IV E REC NO 35.0' - W Ld ._ .. .__ R INE DITCH - -- _ --_ — • -- � - -� � - � °•°° - '-- CONCRETE WALL . Do' -" 9100' -- M 2IN89 °46'15 "E 118.00' P.O.B. M -3 l 3.75' ° S89`46'15 "1l o�vERETE I T 303,01' wooD FENCE 10' DRAINAGE EASEMENT + TRACT B 2 8 ' ®" ° ®'® I - ) r l r- - ' UTILITY REC, No. 83107610 i i + i ) r EASEMENT ° BRICK GARAGE I ACCESS /UTILITY EASEMENT ° I r- -- W EASEMENT �. REC.NO. \` LOT 5 MORRIS SUBDIVISION T r' REC, No. F0130848 + — -- ZONED R -2 + ZONED R -2 wv DG E -1: 5' UTILITY EASEMENT HEREBY CREATED BY THIS PLAT r � t J F j N 89,46'15" E HEREBY REMOVED i M - -4 { 1 49,99® BY THIS PLAT i o a LOT 3 N 23,746 sq. ft. I. I z �o 0.5451 acres g -• Li o u R N p ro i O p s ( 0 — 26 L N g r Yw o g u o z 00 C J � m e �o N IL g: U o a LLJ ( 0 r C 5 z � L 0 w 4 m 5.0' 1 W - / Cl Lv 10.0' 35' ACCESS /DRAINAGE /UTILITY I I f r W x EASEMENT HEREBY CREATED BY THIS PLAT I �� r f' m 10' WATER EASEMENT ,- — z 150 REC,NO. ' _ - GRAVEL RAV _L 95' ACCESS "AS N- � DR � � ME IV E REC NO 35.0' - W Ld ._ .. .__ R INE DITCH - -- _ --_ — • -- � - -� � - � °•°° - '-- CONCRETE WALL . Do' -" 9100' -- M 2IN89 °46'15 "E 118.00' P.O.B. M -3 l 3.75' ° S89`46'15 "1l o�vERETE I T 303,01' wooD FENCE 10' DRAINAGE EASEMENT + TRACT B 2 8 ' ®" ° ®'® I - ) r l r- - ' UTILITY REC, No. 83107610 i i + i ) r EASEMENT ° BRICK GARAGE I ACCESS /UTILITY EASEMENT ° I r- -- W EASEMENT �. REC.NO. \` LOT 5 MORRIS SUBDIVISION T r' REC, No. F0130848 + — -- ZONED R -2 + ZONED R -2 wv DG E -1: 5' UTILITY EASEMENT HEREBY CREATED BY THIS PLAT r � t J F j I ' - City of "� Wheat Riidge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29 Ave. February 7, 2012 Mr. Gordon S. Page, III, P.L.S. Kurt Linn and Associates 8790 W. Colfax Avenue, Unit 20 Lakewood, CO 80215 303.233 -1171 Wheat Ridge, CO 80033 -8001 P: 303.235.2861 F: 303.235.2857 Re: Third Review Comments of the Final Plat for the Flageolle Subdivision, Case #MS- 11 -07. Dear Mr. Page, I have completed the third review of the above referenced plat received on February 7, 2012, for the proposed subdivision involving the properties located at 6130 -6160 W. 35` Avenue, and I have the following comments: 1. The area for Tract B is shown on the graphical portion as being 750 ft and in Note 11 as being 375 ft Please correct the Note so these match. 2. There are two spelling errors: a. "SEPARATE" in Note 6, and b. "HEREBY" in Note 11 3. If the JeffCo reception numbers for the four different easements will not be known prior to plat completion, please include a Note stating that these will be created and recorded "BY SEPARATE INSTRUMENT ". Otherwise, please include these reception numbers on the plat prior to Mylar®. Please submit for review and approval one hardcopy and two electronic files of the revised plat. The electronic files must include one PDF and one in AutoCAD 2009 DWG format, and may be included with the hardcopy submittal on CD/DVD -ROM or delivered via e-mail to me at: dbrossman(ii�ci.wheatridee.co.us The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. City Surveyor/Development Review Engineer CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File www.ci.wheatridge.co.us OM14F5 G19 1, JEROME 1 FUGE I r FOR AND ON BEHALF OF RAGE I E REAL ESTATE TRUST. GERALD a FLAGEOLLE AND LAURA Y. FUQECLLE BEING ME OWIVER(5) OF REAL PROPERTY CONTNNIMG D0 ,140.42 SOFT OR OR 2.0693 ACRES DESCRIBED AS F010W5: COIMDIONG AT Tiff CENTER QUARTER TOWNSHIP OF SECTION 25 TOWNSI 3 SOUTH. RANGE 59 WEST O• THE ON P.M. WHENCE THE WEST QUARTER CORNEA OF SAID SECTION 25 BARS S ar 41'58 • W FORM04 THE BASIS OF BEARNG FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF ME NORTHWEST QUARTER O SAID SECTION 25, S B9 W A DISTANCE OF 881.14 FEET; THENCE N OIX28" W ALONG ME HORN SOUTH CNTEIBUE O THE SOUTHEAST QUARTER OF 111E NORTHWEST QUARTER O SAID SECTION 25 A DISTANCE O 994.99 FEET; THENCE N 891 E ALONG THE SOUTH LINE OF THE UTREJOHN SUBDIVSKIN AS RECORDED N THE JEFFERSON COLUUY CLOW AND RECORDERS OFFICES UNDER RECEPTION NUMBER 94009MC A DISTANCE OF 118.00 FEET TO THE POINT OF SEGNNNO THENCE N 00'20'29 W ALONG THE EASTERLY LINE O SAID LITTLEJOHN SUBDIVISION A DISTANCE OF 154.00 FEET; THENCE N 89'46'15 E A DISTANCE OF 200.01 FEET; THENCE S OORO'2W E A DISTANCE O 4.00 FEET; THENCE N B9•M E A DISTANCE O '2729" 49.99 FEET; THENCE N DO W A DISTANCE O 156.51 FEET TO A PONT ON THE SOUTHERLY RIGHT O WAY LYE O WEST 357" AVEME; THENCE N 89'4740 E KONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 53.0 FEET. THENCE S ODRO28• E A DISTANCE O 308.49 FEET TO A POINT ON THE NORTHERLY UK OF THE MORRIS SUBDIVISION AS RECORDED N THE OFFICES OF THE JOTDt5O1 COUNTY CLERK AND RECORDED N BOOK 9 AT PAGE 36; THENCE ALONG THE SOUTHERLY LINE OF SAID MOMS SUBDIVISION S 89'48'15 W A DISTANCE OF 30101 FEET TO ME PO4T O BEW4NN4& HAVE LAID OUT. SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER ME NAME AND STYLE O FIAOfMIF�WHNWw ION A AIBOVISION O A PMT O THE CITY O 0EAT RIDGE, COLORADO AND BY THESE PRESEN75 DO DEDICATE Tf1 THE CITY O WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS O REAL PROPERTY 940VM AS EASEMENTS FOR THE CONSTRUCTION. INSTALLATION. OPERATION, MAINTENANCE REPAIR AND REPLACEMENT FOR ALL SEANCES THIS NCU)OCS BUT IS NOT UNITED TO TELEPHONE AND ELECTRIC LINES GAS LINES, WATER AND SANITARY SEWER LINES. HYDRANTS, STORK WATER SYSTEMS AND PIPES DETENTION PODS, STREET LIGHTS AND ALL APPURTENANCES THERETO. GERALD J. FLAGEf%1F 0130 WEST 35TH AVENUE WHEAT RIDGE COLORADO STATE O COLORADO ) ) ss COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF AD. 2011 Br WITNESS YY HAND ANO OFFICIAL YAM. YY COMMISSION EXPIRES. NOTARY PUBLIC LAURA Y. FLAGEOUE 6130 WEST 35M AVENUE WHAT RIDGE COLORADO STATE O COLORADO ) ) ss COUNTY OF J6TERSON ) ME FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME MIS S AY O A0. 2011 BY WINTER YY NAND AND OPOAL SEAL MY COMMISSION EXPIRES. NOTARY PUBLIC JEROME J. FLAGEOLLE, FOR AND ON BEHALF O FLAGEOLLE REAL ESTATE TRUST STATE OF COLORADO ) ss THE FO RE J EF F ERSON G ONG INSTRUMENT THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE 11E TITS _DAY O A.D. 2011 BY WiNE55 Yr NAND AND OFTIGIAL SEA- MY CflY11551ON EXPIRES NOTARY PUBLIC GTTY CER7FTC,41M APPROVED MIS DAY O - 2011 BY THE CITY O WHEAT RIDGE. ATTEST CTY CEAX MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR O PUBLIC WORKS COLNWTY afW AND RECORIDERS OER711 1 TE STATE O COLORADO ) ) SS COUNTY O JEFFERSON ) I HEREBY CERTIFY THAT MS FLIT WAS FILED IN THE OFFICE O THE COUNTY CLEW AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT OOLOCK -Y. ON THE _ DAY O D. O'CLOCK BOON_ AT P AGE RECEPTION NR. CASE FNSTCIRY JEFFERSON COUNTY CORK AND RECORDER BY. MS - 11 - 07 DEPUTY A LJ HY KURT L LIW I EE N gg N ANpDL ASSOCIATES L CO. 80215 NUE, UNIT 20 303- 233 -1171 237 -1893 (fox) JOB / 1110 -07 DATE OF PREPARATION: OCTOBER 22, 2011 CITY CMENTS: DECEMBER 30, 2011 CITY COMMENTS: FEBRUARY 04, 2012 FLAGEOLLE SUBDIVISION A MINOR SUBDIVISION PLAT OF PORTIONS OF BLOCK 4, HIGHLAND GARDENS SUBDIVISION, BOOK 2 PAGE 56, REC.# 00568825 A SUBDIVISION BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO LINE TABLE LINE I LENGTH I B_ EARINC U 4.00 '20 L2 i 53.01 •47'40 F` N 89'46'15" E , 49 99 , AsnfN N7II TED 8 �7HH(S PAT ---- W; . .DAWN.. -LULL ....- 10' . DRAINING . . . . FASD1EIIf 26� / GRAVEL �o .......10' DRAIMfIGE �. -. AE Li4TF H DITCH -_ y � Vo 3.75_ , S89 "4615 W 'DRIVE -` 0.5451 Dan I CT B �________ :ZONE. �, m p -- - - - - 1y Z . I 2b.2'' C. z w Z Y GO Z ry LOT LECE HQ Z O Z 0 535 lase 0.3192 saes II a N LOT 2 BLOCKI LITTLEJOHN SUBDIVISION ZONED R -2 LOT 1 T BLOCKt urnEJDNN SUBDIVISION R -2 1 to.0' I to' WATER EASEMEN N0� STJEH _ BID 46 118.00 W P.0. I N) , WAINAGE EASEMENT REC, N. 63107610 L- - r I� �Z H BRICK GARAGF 0130848 I I MORRIS SUBDIVISION REC. No. F0130848 R -2 ZONED E -1: 5' UTILITY EASEMENT HEREBY CREATED BY THIS PLAT • M -1: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK S 46'32'55" E 0.26' FROM CORNER • M -2: FOUND 1 1/4' PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK N89 "E 0.16' FROM CORNER • M -3: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK N 67'36'40" E 0.11' FROM CORNER o M FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK S S 15'57'28' E 0.60' FROM CORNER + M -5: FOUND CHISLED CROSS IN CONC. DRIVE S 15'57'28" E 0.10' FROM CORNER • M -5: SET 1 1 /4" PLASTIC CAP ON No. 5 REBAR / 1' BRASS TAG PLS 29048 M -4 N 89'46'15" E , 49 99 , AsnfN N7II TED 8 �7HH(S PAT ---- - -� - . .DAWN.. -LULL ....- 10' . DRAINING . . . . FASD1EIIf 26� / GRAVEL REC. Na 831016W u .�...._. �.. ....... _ ...... .......10' DRAIMfIGE �. -. AE Li4TF H DITCH -_ REC. Ile. 8310', -_ _ Vo 3.75_ , S89 "4615 W 'DRIVE -` 0.5451 Dan I CT B �________ H BRICK GARAGF 0130848 I I MORRIS SUBDIVISION REC. No. F0130848 R -2 ZONED E -1: 5' UTILITY EASEMENT HEREBY CREATED BY THIS PLAT • M -1: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK S 46'32'55" E 0.26' FROM CORNER • M -2: FOUND 1 1/4' PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK N89 "E 0.16' FROM CORNER • M -3: FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK N 67'36'40" E 0.11' FROM CORNER o M FOUND 1 1/4" PLASTIC CAP ON No. 5 REBAR PLS 9010 BURDICK S S 15'57'28' E 0.60' FROM CORNER + M -5: FOUND CHISLED CROSS IN CONC. DRIVE S 15'57'28" E 0.10' FROM CORNER • M -5: SET 1 1 /4" PLASTIC CAP ON No. 5 REBAR / 1' BRASS TAG PLS 29048 M -4 N 89'46'15" E , 49 99 , - PATIO J DEED LINE I HEREBY REMOVED` BY THIS PLAT i b -- 6 � $ LOT 3 I n N 23,746 sq. ft. CITY OF WHEAT RIDGE Vo C,¢ N 0.5451 Dan E: 123723.7906 IN RANGE BOX PLS 28279 �, m p -- - - - - 1y Z . I 2b.2'' C. z w Z Y GO Z ry LOT LECE HQ Z O Z 0 535 lase 0.3192 saes II a N INDICATES EASEMENT LINE I i ° o INDICATES ALIQUOT SECTION LINE p�Z I ml N o I w 661.14' I - � $ LOA. CTR GTR. SEC. 25, T35 R69W SEC I n N o -- CITY OF WHEAT RIDGE N: 703640.0295 C,¢ N IN RANGE BOX PLS 32429 E: 123723.7906 IN RANGE BOX PLS 28279 �, m p -- - - - - 1y Z - - - -- . n 1 z w Z Y GO �E�E...T 0.0' .. It - ...._�... I na5e areas neeQ to match each other 0 i< LU � � y h J I 2 I I w D CONCRETE WALL LOT 4 MORRIS SUBDIVISION ZONED R -2 SCALE: 1 " =30' -30' -15' 0' 15' 30' 80' US SURVEY FEET NW CORNER CORNER 661.14' ___ - -- WEST GTR. CORNER SEC. 25, 735 R69W 2644,56' -_- -__ S89'41'58 "W SOUTH LINE NW 114, SEC 25, 7 R69W LOA. CTR GTR. SEC. 25, T35 R69W SEC FOUND 3 3/4" BRASS CA' BASIS OF BEARING FOUND 3 1/4" BRASS CAP CITY OF WHEAT RIDGE N: 703640.0295 CITY OF WHEAT RIDGE IN RANGE BOX PLS 32429 E: 123723.7906 IN RANGE BOX PLS 28279 w D CONCRETE WALL LOT 4 MORRIS SUBDIVISION ZONED R -2 SCALE: 1 " =30' -30' -15' 0' 15' 30' 80' US SURVEY FEET NW CORNER CORNER Nw CORNER CORNER SEC. 23. 8.32, R69W SEC. 25, T32, R69W MO 3 1/4 BRASS CAP MO 3 1/4 BRASS CAP N RANGE BOX CITY O WHEATRIDGE N RANGE BOX CITY OF WIHEAFRIDGE PLS 132,2 PLS 13212 N: 703640.0295 N: 703645.1409 E: 121076.850 E: 123723.7906 ,DF 15809 of 15909 3x a 8 Q lV VY m P.O.C. w , 4 CORNER 589'41'56 "W 2644.56' CTR 1/4 SEC M T32, R89W SEC 25, T32. MOW END 3 3/4 BRASS CAP MO 3 1/4• BRASS CAP IN RANGE BOX IN RANGE BOX OTY OF WHAIRIDGE OTY O WHEATRIDGE PLS 32429 PLS 13212 N: 7031801942 N: 703194.0624 L 1210959575 E 123740.4755 ID1 t'em ID9 16909 NOTES` 1. DATE O SURVEY: OCTOBER 13 18 2011 2 AREA O PROPERTIES SURVEYED: 54.548.27 SO FT. 1.2523 AGES 1 NOTICE ACCORDING TO COLORADO LAW. YOU MUST COMMENCE MY LEGAL ACTION BASED UPON MY IN DEFECT IN MIS SURVEY WITH THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. N NO EVENT MAY MY ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MOVE THIN TEN TEARS FROM ME DATE O THE CERTIFICATION 940M HEREON. 4. BEARINGS ARE BASED ON ME FOLIO 3 1/4 BRASS CM AT THE EAST QUARTER CORER OF SECTION 25 TOWN94P 3 SOUTH, RANGE 69 WEST OF THE 8TH P.M. AND A FOUND 3 3 4' BRASS CAP AT THE WEST QUARTER CORNER OF SECTION 23, TOWNSHIP 3 SCUM. RANGE 69 WEST a� THE 6TH P.M. FORMING 111E SOUTH LINE O THE NORTHWEST QUARTER O SAID SECTION 23. TOWNSHIP 3 SOUTH, RANGE 69 VEST O ME ON P.Y. ASSU ED TO BE Sa9 2644.36' PER THE CITY O WHEAT RIME CONTROL MONUMENT NETWORK. HAD 8.3/92, MODIFIED STATE PLANE COORDINATE SYSTEM. COEMIM SCALE FACTOR O 1.00025226062 L NOTICE: ANY PERSON 040 KNOWINGLY REMOVES, ALTERS D TRS OR DEFACES ANY PUBLIC LA SURVEY MOMENT. OR LAND BOUNDARY MONUMENT OR ACCESSORY. COMYTS A MASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18- 4-'505. 6. THE PURPOSE O A THIS MINOR SUBDIVISION PT Is TO CREATE A 3 LOT SUBDIVISION WITHIN BLOCK 4. HIGIAND GARDENS StUB01N90N, CRATE A ORANAQ /AOCE AND LIFUTY EA3EllE117 ALONG THE SOUTHERLY LINES O LOTS 1 AND 2. TO CREATE TRACT A FW FUTURE CONVEYANCE WE TO EASING STR UCTURES FROM 6160 HEST 35TH AY I ffi Cl E TRACT B FOR FUTURE CONVEYANCE WHICH WILL BE FULLY ENCUMBERED BY A SEDFFRAiE USE SEE NOTE 11. 7. THERE ARE,46 P TIN A UBLIC RIGHTS OF WAYS 01NG DEDICATED BY S PT 8. Sl18JECT PROPERTY IS LOCATED WI- M AREA HAVING A ONE DESGNATION X BY T FEDERAL CV YANAGEIEIIT AGENCY (FDIA), CN FLOOD PLANE YAR 540 OB059CO214 E WITH A DATE O n0 O JUNE NE 17, 2003. FOR COMMUNITY Na 08 E O/ 0579 IN JDTEAS COUNTY. STATE O COLORADO. WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR ME COMMUNITY N WIIOH THE \ PROPERTY IS SITUATED R-2, 9. THE SUBJECT PARCEL IS ZONED PEA THE CITY OF WHEAT M T RIDGE ZONING M DATED FEBRUARY 20, 2010. e and KURT 1154/ A!O ASSOCIATES HAS REl® UPON LAWYERS TITLE i L INSURANCE COMPANY COMMITMENT NUMBER afe C _7 WITH AN EFFECTIVE DATE O JANUARY 31, 1993 (LOT 1, NOTE TITLE POLICY CALLS FOR THE SOUTH 130 , D® RECORDED UNDER RECEPTION NO. FOOB1343 THE SOUTH 154'). Fi0Q1T ANAL TITLE INSURANCE COMPANY POLICY NUMBER 1312 -15C O DATED JULY EE 11, 1993 AT UNDO AY IIAT 2, TE POKY CALJS FOR ME VEST 300 FEET O BLOCK a, CORRECTIVE D® RECORDED UNDER RECEPTKIN NQ 354 CORRECTS TO THE WEST 318 FEET O BLOCK 4). TIRE AMERICA O OTHER NUMBER 81 O ,A 07369. WITH AND EFFECTIVE DALE JULY 19. 1989 AT 500 AY (THE WEST ONE -H O LOT 3) FIDELITY NATIONAL TIRE COMPANY POLICY NUMBER 95 -2131. DATED AUGUST 02, 1995 (WEST DIE -HALF OF ME SOUTH -RAF OF LOT 3) FOR OWIVERS7IP. TIE SURVEY NOT CONSTITUTE A TITRE SEARCH UNIX BY KURT L t ASSOCIATES TO DETERMINE OWNERSHIP. RIGHTS -OF- MI T AND EASEMENTS O RECORD. 375 ARE FFgEE�� IS Y TED FOR FUTURE ON TO ME OWNERS O LOT A MORI ENCOMPASSING GARAGE, CONCRETE DRIVEWAY AND WOODEN F04CE WITHIN LOTS I AID 2. TE7 STAEAfT I� ACCL#t4CY 71E GEODETIC CONTROL DATA %KM HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM O 190.1, CENTRAL ZONE 0502. AND HAS A HORIZONTAL ACCURACY CLASSIFICATION FI OLD& US SURVEY FEET AT THE 95R CONFIDENCE LEVEL AS DEFINED IN THE GEOSPATIAL PACCURACY TIO M ACCURACY STANDARDS O M FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGOC -STD- 007.2 -1998) EASE147VT NOTE: WE THIRTY FIVE FOOT (35) E ACCESS/ORANAGE AND U11UTY EASENEI T(S) ARE HEREBY WANTED ON PRIVATE PROPERTY ADJACENT TO AND ALONG THE NORTH LINE OF SAID MORRIS 9UBOM90M. FIVE DE -FOOT (57 WI EASEYDAS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT To ALL SIDE LOT LIES O EACH LOT N EHE SUBDIVISION W PLAITED AREA AND S DEDICATED FOR THE 9AS'TALLATION, MAINTENANCE AND REPLACEMENT O ELECTRIC, GAS TELEMSON CABLE DRANAGE AND TELECOMMUNICATIONS FACUTIES ALONG WITH PRIVATE DRIVES UTILITIES SHALL A BE PERMITTED WTHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS N ME SUBDIVISION . PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITH" SAID ACCESS/ORAINAGE AND UTWUTY EASEMENTS ALL PRIVATE DRIVES ARE TD BE MAINTAINED BY EACH LOT OWNER AND NO FENCES /GATES ARE U TO CROSS SAID ACCESS EASEMENT. EASEMENTS AS CREATED BY THIS PT ARE SHOWN AND NOTED HEREON. aMW ACCIEW EASE10 NOTE ME OWNER. HIS SUCCESSORS AND ASSIGNS WANES UNITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT MRCUW TROY AREAS INDICATED AS'CROSS- ACESS/INGRESS -EGESS EASEMENTS. AS KLUSTRATED M U WON S PT. SUCH WANT OF A GE SD"T 94ALL LIMITED TO ME OWNERS TENANTS CUSTOMERS. AND GUESTS O ME OWNERS. AND SHALL FURTHERMORE WANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EN EASEMTS M THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREET& SWA - -IR I S CERWKWE ON S GE I, CORD PA W 00 HERESY CRTFY THAT THE SURVEY O ME BOUNDARY OF 0 ""n a ®IM9Ol. WAS MADE BY YE W UNDER MY DIRECT SUPERVISION AND M ME BEST O MY KNOIAIEDGE . ACCORDANCE ES, CU ORMATION AND Be". IN ACCORDANCE NTH ALL APPLICABLE COLORADO STATUTRRENT REVISED EDITION AS AMENDED. THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. GORDON S PAGE AI PLS 29046 KURT UNN k ASSOCIATES WOO W COLFAX AVE. 120 LAKEWOOD CO. 50215 03 3 233 -1171 _7 LDP O BLOCK WALL D TRACT A� WEST 357H AVENUE 1.500 ING ft. ���////// R 0.0344 act" 1f the JEIRCo reception numbers for all of these 50: AqW -------- easements will not be known prior to plat Io completion, Include a Note stating these will be 10' UTILITY EASEMENT created and recorded - BY SEPARATE I INSTRUMENT" If these easements are to be 8 EASEMENT HEREBY CREATED By THIS PLA NOTES` 1. DATE O SURVEY: OCTOBER 13 18 2011 2 AREA O PROPERTIES SURVEYED: 54.548.27 SO FT. 1.2523 AGES 1 NOTICE ACCORDING TO COLORADO LAW. YOU MUST COMMENCE MY LEGAL ACTION BASED UPON MY IN DEFECT IN MIS SURVEY WITH THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. N NO EVENT MAY MY ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MOVE THIN TEN TEARS FROM ME DATE O THE CERTIFICATION 940M HEREON. 4. BEARINGS ARE BASED ON ME FOLIO 3 1/4 BRASS CM AT THE EAST QUARTER CORER OF SECTION 25 TOWN94P 3 SOUTH, RANGE 69 WEST OF THE 8TH P.M. AND A FOUND 3 3 4' BRASS CAP AT THE WEST QUARTER CORNER OF SECTION 23, TOWNSHIP 3 SCUM. RANGE 69 WEST a� THE 6TH P.M. FORMING 111E SOUTH LINE O THE NORTHWEST QUARTER O SAID SECTION 23. TOWNSHIP 3 SOUTH, RANGE 69 VEST O ME ON P.Y. ASSU ED TO BE Sa9 2644.36' PER THE CITY O WHEAT RIME CONTROL MONUMENT NETWORK. HAD 8.3/92, MODIFIED STATE PLANE COORDINATE SYSTEM. COEMIM SCALE FACTOR O 1.00025226062 L NOTICE: ANY PERSON 040 KNOWINGLY REMOVES, ALTERS D TRS OR DEFACES ANY PUBLIC LA SURVEY MOMENT. OR LAND BOUNDARY MONUMENT OR ACCESSORY. COMYTS A MASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18- 4-'505. 6. THE PURPOSE O A THIS MINOR SUBDIVISION PT Is TO CREATE A 3 LOT SUBDIVISION WITHIN BLOCK 4. HIGIAND GARDENS StUB01N90N, CRATE A ORANAQ /AOCE AND LIFUTY EA3EllE117 ALONG THE SOUTHERLY LINES O LOTS 1 AND 2. TO CREATE TRACT A FW FUTURE CONVEYANCE WE TO EASING STR UCTURES FROM 6160 HEST 35TH AY I ffi Cl E TRACT B FOR FUTURE CONVEYANCE WHICH WILL BE FULLY ENCUMBERED BY A SEDFFRAiE USE SEE NOTE 11. 7. THERE ARE,46 P TIN A UBLIC RIGHTS OF WAYS 01NG DEDICATED BY S PT 8. Sl18JECT PROPERTY IS LOCATED WI- M AREA HAVING A ONE DESGNATION X BY T FEDERAL CV YANAGEIEIIT AGENCY (FDIA), CN FLOOD PLANE YAR 540 OB059CO214 E WITH A DATE O n0 O JUNE NE 17, 2003. FOR COMMUNITY Na 08 E O/ 0579 IN JDTEAS COUNTY. STATE O COLORADO. WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP FOR ME COMMUNITY N WIIOH THE \ PROPERTY IS SITUATED R-2, 9. THE SUBJECT PARCEL IS ZONED PEA THE CITY OF WHEAT M T RIDGE ZONING M DATED FEBRUARY 20, 2010. SH O I , 1 1m I H 7 S BLOCK ML WALL 1 1 _7 LDP O BLOCK WALL D TRACT A� WEST 357H AVENUE 1.500 ING ft. ���////// R 0.0344 act" 1f the JEIRCo reception numbers for all of these 50: AqW -------- easements will not be known prior to plat Io completion, Include a Note stating these will be 10' UTILITY EASEMENT created and recorded - BY SEPARATE I INSTRUMENT" If these easements are to be 8 EASEMENT HEREBY CREATED By THIS PLA . n 1 -{ - -- 1 I Z ry LOT LECE HQ 13,904 sq. H. 535 lase 0.3192 saes II a N INDICATES EASEMENT LINE I i $ N INDICATES ALIQUOT SECTION LINE 3: N INDICATES BOUNDARY LINE I ow - - INDICATES DEED LINE TO BE REMOVED N I z o -- INDICATES PROPOSED LOT /TRACT LINE O ( U j -- - - - - -- NDICATES 35' ACCESS/ DRAINAGE / UTILITY EASEMENT LINE o - ...-INDICATES CENTERLINE EXISTING DITCH m Z m I .6' LL m71 I N z W ;� 13 I ° REC. No. F0130848 REC. No. F0797276 Uj rJ Enp W n I p S ZONED R -2 ZONED R -2 0, y COVERED : I , 1 1m I H 7 S BLOCK ML WALL 1 1 _7 LDP O BLOCK WALL D TRACT A� ! 1.500 ING ft. ���////// R 0.0344 act" 1f the JEIRCo reception numbers for all of these 3C easements will not be known prior to plat Io completion, Include a Note stating these will be N created and recorded - BY SEPARATE Q INSTRUMENT" If these easements are to be 8 recorded prior to Mylar please Include on plat . n 1 (which IS the preferred method) U I Z ry LOT i I 15. 6q. K. 13,904 sq. H. 535 lase 0.3192 saes 5,0 . ! R Un ti'd City of Wh&ttR d ge COMIMUNiTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29� Ave. Wheat Ridge, CO 80033-80 03,235.2846 F: 303.2352851 CERTIFIED LETTER NOTICE (as required pursuant to Code section 26-109.13) mmm�� This 'XWr in ;qm plat on property zoned r ential-Two (R-2) and located at 6130-6160 W. 35th Avenue. This request will be heard • the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Februarl 2, 2012 at 7:00 p.m. ♦ an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments, Individuals with disabilities are encouraged toparticipate in alipublic meetings sponsored by the City of WhearRidge. Call Heather Geyer, Public Information Qfficer at 303-235-28-76 at least one week in advance qfa meeting ifyou are interested in participating and need inclusion assistance. a , . TrIesire 77 review any plans, please contact the Planning Sivision at 3d3-235-2846. Thank you. Planning Division. MS I 107.doc www.d.wheatridge.co.us WIESER PATRICIA C 35 10 HARLAN ST 7011 0470 0002 3336 3569 QUIETT AMANDA MARIE -- ' --- ' ---- ' -- FLAGEOLLE GERALD J ---------- FRANEK GREGORY RUSSELL FLAGEOLLE LAURA M 3450 HARLAN ST 6200 W 35TH AVE 6160 W 35TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 0470 0002 3336 3590 70I 3, nu,,)n 03 003 3336 35 U 03 013 3336 3576 WHITE JANET M SANDOVAL MARY ANN CERRON 3447 HARLAN ST 6090 W 35TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 0470 0002 3336 3606 7011 0470 0002 3336 3613 mlwl r-a 6154 W 35TH AVE 7011 0470 0002 3336 3644 FLAGEOLLE JEROME J 6160 W 35TH AVE WHEAT RIDGE CO 80033 �7011 0470 0002 3336 3620 FLAGEOLLE REAL ESTATE TRUST 6160 W 35TH AVE WHEAT RIDGE CO 80033 710,1111 11 0470 0002 3336 3651 CASTILLO MERCEDES M JOHNSON BRIAN 61* LEO Q & MILDRED A ANDERSON CASTILLO PATRICIA 13997 W 22ND AVE REVOCABLE TRUST 3655 HARLAN ST GOLDEN CO 80401 3530 INGALLS ST WHEAT RIDGE CO 80033 7011 0470 0002 3336 3378 WHEAT RIDGE CO 80033 7011 0470 0002 3336 7011 0470 0002 3336 3385 HILL c MARTIN WONNING EARL R 6210 W 35TH AVE WONNING JUDITH C 3555 HARLAN ST WHEAT RIDGE CO 80033 1980 TAFr DR WHEAT RIDGE CO 80033 ?011 0470 0002 3336 3392 LAKEWOOD CO 80215 7011 0470 0002 3336 3415 7011 0470 0002 3336 MITCHELL MELODY A BRAKE MICHAEL R MITCHELL ROBERT L BERRY DAVID A BRAKE DIANE Y 6151 W 35TH AVE 6275 W 35TH AVE 6075 W 35TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 TM 7011 0470 0002 3336 3422 7011 0470 0002 3336 3439 7011 0470 0002 3336 3446 LAMKIN'KENNETH R DUGGAN JAMES 0 LEE JONATHAN P SEEDS SUSAN C 6138 W 35TH AVE LEE HEATHER L H 6147 W 35TH AVE WHEAT RIDGE CO 80033 3490 JAY ST WHEAT RIDGE CO 80033 7011 0470 0002 3336 3460 vV-TEAT RIDGE CO 80033 7011 0470 0002 3336 3453 - - 7011 0470 0002 3336 3477 CLARK MARIE E LAROW WILLIAM RUSSELL ALLEN E_m.._ 3440 HARLAN ST 3407 HARLAN ST 9391 W LA SALLE AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 LAKEWOOD CO 80227 7011 0470 0002 3336 3484 7011 0470 0002 3336 35 07 7011 0470 0002 3336 3491 - LUTZ RYAN Ct7TT COREY FAES JAMES R 3430 HARLAN ST SCOTT CAITLIN 903 COLE ST WHEAT RIDGE CO 80033 3530 HARLAN ST GOLDEN CO 80401 7011 0470 0002 3336 3514 WHEAT RIDGE CO 80033 7011 0470 0002 3336 3538 WIESER PATRICIA C 35 10 HARLAN ST 7011 0470 0002 3336 3569 QUIETT AMANDA MARIE -- ' --- ' ---- ' -- FLAGEOLLE GERALD J ---------- FRANEK GREGORY RUSSELL FLAGEOLLE LAURA M 3450 HARLAN ST 6200 W 35TH AVE 6160 W 35TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 0470 0002 3336 3590 70I 3, nu,,)n 03 003 3336 35 U 03 013 3336 3576 WHITE JANET M SANDOVAL MARY ANN CERRON 3447 HARLAN ST 6090 W 35TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 0470 0002 3336 3606 7011 0470 0002 3336 3613 mlwl r-a 6154 W 35TH AVE 7011 0470 0002 3336 3644 FLAGEOLLE JEROME J 6160 W 35TH AVE WHEAT RIDGE CO 80033 �7011 0470 0002 3336 3620 FLAGEOLLE REAL ESTATE TRUST 6160 W 35TH AVE WHEAT RIDGE CO 80033 710,1111 11 0470 0002 3336 3651 SPYKSTRA ALMA J EAKINS ROBERT D FISCHER CYNTHIA S PAYNE GREGORY S EAKINS ROSABELLE 3320 INGALLS ST PAYNE LAURA S 3325 INGALLS ST WHEAT RIDGE CO 80033 3340 INGALLS ST WNW AT RIT)C`F CO 8001 X WHEAT RIDGE CO 80033 3, ?011 0 ?0 0002 3336 3665 ?01 0 ?0 0002 3336 36 ?5 BATTAGLIA ELISSA M CERRONE ROSE MARIE REEVES JAMES C WELLER MARY E 3310 JAY ST 3301 JAY ST 3305 HARLAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ?011 0 4 ? 0 0002 3 3 3 6 3 7 0 5 ?01-1 7 0002 3336 3699 ?01,1 04?0 0002 3336 3712 KENISON CHRISTOPHER L BUCKNAM ALAN J SMITH KENNETH CALVIN JR KENISON ROSALIND A BUCKNAM ROBYN J 3440 YOUNGFIELD ST 6105 W 33RD AVE 3300 INGALLS ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 701x1 ?I1 00 02 3336 3? 43 ?011, 4?0 0 9396 3? 9 ? _. , _,_..._., .. 3340 JAY ST # ii ?CI UUUC 3336 3736 .......... DEVRIES ROBERT E FLAGEOLLE REAL ESTATE TRUST MANTAK MELISSA A 6130 W 35TH AVE 3405 HARLAN ST WHEAT RIDGE CO 80033 7011 0470 00102 3336 37511 3 RIDGE CO 80033 7011 0470 0003 3556 3774 •C j w- 7011 ! 0002 3336 3767 JAY ST WHEAT RIDGE CO 80033 I 3321 HARLAN ST 3345 INGALLS ST EAT RIDGE CO 80033 WHEAT RIDGE CO 80033 701 0470 0002 3336 3859 7011, 0470 0032 3336 3566 *i WOODHOUSE 230 SMITH RD ANTRIM NH i 7011 0470 0002 3336 3933 HOPE MICHAEL R 8842 MARTIN LN CONIFER CO 80433 7011 0470 0002 3336 3897 CITY OF WHEAT RIDGE The full text of this notice is available in electronic form on the City's official website, www.ei.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, January 19, 20112 19 03M Case No. MS-11-07: An application filed by Carl Flageolle for a 3-lot subdivision plat on property zoned Residential-Two (R-2), located at 6130-6160 West 35th Avenue, and legally described as follows: Kathj Fiel1 , Administrative ,'.,,ssist,?.nt City of Wheat Ridge Municipal Building 7500 W 29"' Ave. December 22, 2011 Gerald Flageolle 8249 Estes Court Arvada, CO 80005 Dear Mr. Flageolle: Wheat Ridge, CO 80033-8001 P: 303,235,2846 F: 303.235,2857 This letter is in regard to an application filed for approval of a three -lot final plat for property located at 6130 West 35"' Avenue. The application has been reviewed and the following are comments regarding the first submittal. 12MA7MIMI wwwxi.wheatridgexoms Attached are referrals received from other city departments and outside agencies regarding the plat 2 Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571,3306 Facsimile: 303. 5713524 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Re: Flageolle, Case# IVIS-11 1-07 Public Service Company of Colorado (PSCo) has reviewed the plans for Flageolle. As always, thank YJ for the opportunity to take part in the review process, To ensure that adequate utility easements a available within this development and per state statutes, Public Service Company requests that t following language or plat note be placed on the preliminary and final plats for the subdivision: Public Service Company also requests that all utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building *rogresses. If the property owner/developer/contractor has not already done so, they must contact the Builder's Call Line at 1-800-628-2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details, Additional easements may need to be acquired by separate document. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center 1800-922-1987 for utility locates prior to construction, i Sincerely, Donna George 11C. a WMAHNNIA14 Wheat Ridge Sanitation District • NOMIMMEOME Meredith Reckert 7500 West 29" Avenue Wheat Ridge, Colorado 80033 Re: 6130-6160 W. 35 Avenue (3470 Jay Street) - MS -11 -0 7/Fla eolle Dear Ms. Reckert: This letter is in response to your request for confirmation of availability of sanitary sewer service, District easement requirements and approval of the final plat for the referenced property. The property is within the boundary and service area of the Wheat Ridge Sanitation District (District), and the District will be able to provide sanitary sewer service. The District has no objection for creation of the new subdivision as described, conditional on the following requirements. • IMOMWI= Itaw Depending on the preferred option, developer should submit all proper easement information concerning V a WHEAT RIDGE FIRE PROTECTION DISTRICT 7 74"Z,�S - AITHE RIGHT TIMES fOR THE' RIGHT REASONS . . . . . . . . . . . . . 3880 Upham Street Wheat Ridge, Colorado 80033 0 ph.303.4035900 # www,wrfire.org Effl��� Meredith Reckert City of Wheat Ridge 7500 West 29 Ave RE, Community Development Refer CASE No.: MS-1 1-07/Flageolle i 1 A Residential Site Planning Guide has been previously provided 'w' applicant, In addition, a copy has been included with this response, All requirements established in that document, as well as the 2006 International Fire Code and lFC amendments adopted by the City of Wheat Ridge shall be met unless approved by the Division of R Prevention, I 2. The existing drive will not comply with the 2006 International Fire Code Section 503-Fire Apparatus Access Roads in the event of additional development on the site(s), Emergency access to each new structure shall comply with the requirements of the fire code. A meeting was held with the property owner on October • 201 to discuss access • the properties and the following options were presented and have been given preliminary approval by the Fire District, Sarah Showalter From: Sarah Showalter Sent: Thursday, September 01, 2011 &44 AM To: 'Flageolle, Carl' Subject: RE: Developing land Attachments: Letter to AIMUM Sam • E&J�WNHER i 70CP if Letter to Applicant Attorney M... Hi Flag, We are doing all of our research on your property in preparation for your meeting at 1:30pm on Sept 8th. The most recent correspondence that we had with your family's attorney in 2003 is attached. As you can see, the proposed course of action for creating the two lots to the south was to first record a consolidation deed. to be recorded with the County. This deed would consolidate the lots that were created by deed behind (to the south of) 6130, 6138, 6154, and 6160 W. 35th Avenue and attach them to 3470 Jay Street. As the at letter states, after that consolidation deed is recorded, you would than be able to pursue a subdivision plat that would create the two new single family lots. 1 am writing you to see 's f you know whether your family did in fact record the consolidation at the county. If you are able to find this out from your family or the attorney prior to our meeting on Sept 8, that would really help clarify what your next steps will be. Thanks, Sarah Showalter, AICP, LEED AP Planner II Office Phone: 303-235-2849 CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network no which your computer is connected. Thank you. ----- Original Message-­- From: Fiageolle, Carl [mailto:Carl Flageolle@dpsk!2.org] Sent: Friday, August 12, 2011 10:0 AM To: Sarah Showalter Subject: Re: Developing land With that being said,and yes I did, paybacks sometimes come around full circle. Now i can sign my more comfortable, Flage On 8/12/11 8:42 AM, "Sarah Showalter" <sshowalter@ci.wheatridge.co.us> wrote: > That is odd. I will bring this up with > Wednesday (August 17) no see how to pr • On an unrelated note, I think that you • about 12 years ago. Sound about right'? > Sarah Showalter, AICP, LEND AP > Planner Q our developm aceed and get taught me AP ent review group on back to you. Pysch at East 0 > Office Phone; 303-235-2849 > CONFIDENTIALITY NOTICE: This e-mail contains business-confidential > information. it is intended l. y" for the use of the individual or • entity named above. If you are not the intended recipient, you are • notified that any disclosure, copying, distribution, electronic • storage or use of this communication is prohibited. if you received • this communication in error, please notify us immediately by e-mail, • attaching the original message, and delete the original message from • your computer, and any network to which your computer is connected. Thank you. • -----Original Message ----- • From: Flageolle, Carl [mailto:Carl F1aqeoi!e@dpskl2.oygj • Sent: Thursday, August 11, 2011 1:13 PPI > To: Sarah Showalter > Subject: Re: Developing land > Sarah, I talked with Wade Isham with Rocky Mtn Ditch on Tuesday and > from our discussion he said that the ditch on our property is not > their ditch, he stated that they do not have any lateral ditches in > that area. So. I'm am not sure what you need when it comes to that > since they do not own the rights to the ditch. Carl > On 4/7/11 8:38 AM, "Sarah Showalter" <sshowalter@ci.wheatridge.ca.us> wrote: >> Hi Carl, >> Yes, the subdivision plat whether you want to develop one lot or two. >> We would have to plat both lots as separate lots since right now they >> have the same PIN/parcel number from the County and are not so recognized as legal, buildable parcels. so I am attaching as list of engineers from our Public Works Department. >> i think all of them would be able to meet your needs. >> Best, >> Sarah Showalter, AICP, LEED AP >> Planner H >> Office Phone: 303-235-2849 >> CONFIDENTIALETY NOTICE: This e-mail contains business-confidential, >> information. It is intended only for the use of the individual or >> entity named above. if you are not the intended recipient. you are >> notified that any disclosure. copying, distribution, electronic >> storage or use of this communication is prohibited. if you received >> this communication in error, please notify us immediately by e-mail, >> attaching the original messaqe, and delete the original message from >0 your computer, and any network to which your computer is connected. >> Thank you. >> ----- Original Message--­- >> From: Fiageolle, Carl jmailto:Carl Flageolle@dpsk!2.org] >> Sent: Wednesday, April 06, 2011 813 PM >> To: Sarah Showalter >> Subject: Re: Developing land >> Sarah, we are only interested in developing the east lot, but 1 >> assume that the subdLvision will need to be done anyway. I Would >> like to get your recommendation of a engineer who is knowledgable of >> the city of Wheat Ridge's requiremenLs. 1 realize the >> importance/necessity of the easement recorded with the county for >> assess off of Jay. 1 have talked with Wheat Ridge water district and >> they have suggested that since i will only be developing the stated >> lot that we can come off with our taps on ingels street that you >> suggested. I believe 1 can secure a 20 piece of the property so we bring the utilities 2 in. I would appreciate your thoughts about this along with an >> engineer or two 1 can talk with. Carl Flageolle >> Sent from my iPad >> On Apr 6, 2011, at 4:22 PM, "Sarah Showalter'' >> <sshowalter@ci.wheatridge.ca.us> >> wrote: >>> Thanks for your patience. It took some time for us to do our >>> research and find all of the old files from your family's previous >>> inquiry into subdivision and development from 2003. We completed our >>> research and internal discussions so I am now able to give you >>> direction on how to proceed. The two lots that 1 understand you >>> would like to develop (outlined in red in the attached map) were >>> never platted with the county so they are not legally developable at >>> this time. Thus the main process that you would need to complete is >>> to prepare and record a subdivision plat for those two lots. It >>> sounds like you would be allowed to have access to these lots via >>> the property at 3470 Jay Street since there is an approved plat for >>> 3470 Jay and 3490 Jay on record - see the attached LittleJohn >>> subdivision. owevlaer, you would need to record an easement deed >>> across 3470 Jay St prior to recording the final plat for the two >>> lots to the south since we cannot approve a plat for lots that do not have public access. >>> The next ma, I ]or step for you would be to schedule a Pre-Application >>> meeting with us. The cost of the meeting is $200 and we hold them >>> regularly on Thursday afternoons. We will require you to submit a >>> narrative explaining what you want to do, as well as a drawing, >>> prior to the meeting. We would also ask you bring whatever engineer >>> will prepare the plat to the Pre-Application meeting. At that >>> meeting, we will talk about any issues and walk you through the >>> subdivision process that will be required to review and approve the >>> new plat. We would also encouxage you to get in touch with the Rocky >>> Mountain Ditch company since they own the irrigation ditch that runs across the southern portion of these properties, >>> I hope this helps L,. o clarify the process. Feel free to contact me >>> with any questions and/or to schedule a Pre -App meeting. >>> Thanks, >>> Sarah Showalter, AICP, LEED AP >>> Planner II >>> 7500 W. 29th Avenue >>> Wheat Ridge, Colorado 80033 >>> Office Phone: 303-235-28d9 >>> Fax: 303-235-2857 >>> www.ci.wheatridge.co.us<http://www.ci.wheatridge.co.us,'. >>> [cid:imageOD2.jpg@OICBF476.7!DBOB101 >>> CONFIDENTIALITY NOTICE: This e-mail contains business-confidential >>> informaLion. it is intended only for the use of the individual or >>> entity named above. If you are not the intended recipient, you are >>> notified that any disclosure, copying, distribution, electronic >>> storage or use of this communication is prohibited. If you receive(i, >>> this communication in error, please notify us immediately by e-mail, >>> attaching the original message, and delete the original message from >>> your computer, and any network to which your computer is connected. >>> Thank you. >>> -----Original Message-­- >>> From: Flageolle, Carl [mailto:Carl,Flageolle@dpsk!2.org) 3 >>> Sent: Friday, April 01, 2011 8:55 NM >>> To: Sarah Showalter >>> Subject: Developing land > X" >>> Sarah, I came in and spoke with you an Wednesday, May 30th about the >>> building site at 6160 w 35th ave. 1 look forward to your findings >>> about my ability to build C.n that site and the next step i need to >>> take. Thank you fai for timely response. >>> Carl Flageolle >X> >>> 3038295855 >>> Sent from my Ned >>> <image002,jpg> >>> <6160 W 35th Ave aerial.jpg> >>> Uittlejohn Subdivision.pW M City of TV beat tz 'e _jA ��UM 'ry DEVELOPMENT # Date: December 5, 20011 Response Due: December 21, 2011 The Wheat Ridge Community Development Department has received a request for approval of a three lot final plat for property zoned R-2, Residential-Two, located at 6130 — 6160 W. 35 Avenue. No response from you will constitute having no objections or concerns regarding this proposal. mmm j � II, kyl I. Z !`# - Request: Approval of a final plat for property zoned R-2 to create two new home sites on vacant property located south of 6130 — 6160 West 35 Avenue. The property being subdivided contains 2.07 acres. Access is being provided by a separately recorded access easement from Jay Street to the west. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarcation, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303,235,2857 Email: mreckert@cLwheatridge.co.us "The Carnation Ot " Vicinity map 'The Carnation City" Page I of ? From: Sarah Showalter Sent: Wednesday, April 06, 2011 4 PM To: 'Flageolle, Carl' Subject: RE: Developing land F-In M- MMM I hope this helps to clarify the process. Feel free to contact me with any questions and/or to schedule a Pre-App meeting. Thanks, Sarah Showalter, Al p, LE ED AP pl�,mrv? 11 7500 WN'th/lIvenue \,Nheat: Ridge, Colorado 8003 CI Z P - hoi 303 I ?"r Ot , 04 W �i(l CONFIDWHALITY NOTICE: This e-mad comains business-confidential inl wniation. It is intendW only Ibrthe use ofthe individual ol entity named above, Ifyou are not the intended recipient. you are notified that any diselosurc, copying, disuibution, clecuonic storage 0r u ol'tilis I I' you recci vcd t hi s commun ic al ion in error, Picase nattily us iumiediaidy by the originalI uWlssage, and delete the original messa from your computer, and ally network to which your Computer is Connected Thank You. Clal'l t , 4 ,_-ko:Cix - 1 0 S e t : F ' r y p r i raft To: Sarath Sa ra 1, ') 0 I c in and spokc.--,- w]th vm,l fc:rw- s bu,l- I.c.1 o ri t h,-' t s ;1 t €: n rJ t,,h(- n e x, t ", e P 'Wecinf-.sd,ay, Play Lo Yc)ur find need tc, t4ake. 30th about, nom. u�,Ild`ln Lngs ciibout mv al),",iii.y to Phank YOU 1`01 Y 04/06/201 Pae 2 of'2 I pc�, �,s e � A 4 11W .0 V, City of I ..A ""VVh6at 0 V V 9 COMMUNtTy DEvaom NT jippqiijpq� 11 111�111��11 Imam"" Meeting Date: September 8, 201 Applicant: Carl Flageolle Jerry (Jerome) Flageolle Attending Staff. Meredith Reckert, Senior Planner Sarah Showalter, Planner 11 Lauren Mikulak, Planner I Dave Brossman, Development Review Engineer Specific Site Location: SE comer of W. 35"' Avenue and Jay Street Existing Zoning: Residential-Two (R-2) Existing Comp. Plan: Neighborhood - Vacant land, PIN 39-252-14-029: This area is currently undeveloped and is substandard in area and width for the R-2 zone district. History: Until 1995, the lot configuration at W. 35 1' and Jay Streets included two lots addressed off of Jay Street and four lots addressed off of W. 35"' Avenue (see Image I below). Image 2a – Alter First Deed �A N Image 2b – After Second Deed Image 2c – After Third Deed Image 2d – After Fourth & Fqih Deeds [Sketches drawn and provided to the City by Attorney Evan Lipstein for Gerald Fla ge olle - 2 - 003.] 2 Aft. S FOA, old FftD*%6 In 2003, a pre - application meeting was held with the applicant (Jerry Flageolle) to discuss the creation of buildable lots on the southern portion of land. At that time, the City's parcel map still showed the original lot configuration (see Image 1 above) because no platting process had taken place after the 1995 lot line adjustments by deed. The purpose of the 2003 pre - application meeting was to discuss the request for a 7 -lot subdivision. The request resulted in 2 substandard lots, so staff proposed a major subdivision process with a variance to allow the creation of substandard lots. The subdivision would have included the property with frontage along W. 35` Avenue and therefore would have triggered the installation of curb, gutter, and sidewalk on W. 35` Avenue. No subdivision application was submitted after the pre - application meeting in 2003. Based on records from the Jefferson County Assessor, a quit claim deed was filed in 2007 by Gerald Flageolle that transferred the southern half of 6160 W. 35` Avenue to the ownership of the Flageolle Real Estate Trust. This deed essentially created tax lots for assessment purposes (PIN 39- 252 -14 -027, PIN 39- 252 -14 -028, and PIN 39- 252 -14 -029) and resulted in the internal lines that divide the southern portion of the property. The City recognizes the 1995 lot line adjustments, but the 2007 quit claim deed does not represent a legal subdivision. In order to create buildable, conveyable lots, a subdivision process is required. This process is described below. Applicant/Owner Preliminary Proposal: The applicants are proposing to create buildable lots for residential development in the middle of the southern portion of the subject site — namely, in two areas outlined in red below. The proposal includes access from Jay Street via a private drive. Will a neighborhood meeting need to be held prior to application submittal? No, a neighborhood meeting will not be required as part of the subdivision process. Planning comments: Zoning The site is zoned Residential -Two (R -2), a zone district that provides for high quality, safe, quiet and stable low to moderate- density residential neighborhoods, and prohibits activities of any nature which R1 are incompatible with the residential character. The development standards for the R -2 zone district are outlined in the table below. R -2 Standards Minimum Lot Area Minimum Lot Width One-family dwelling 9,000 square feet 75' Two-family dwelling 12,500 square feet 100' Subdivision Staff recommends a three (3) lot minor subdivision to create two new developable lots and to plat the vacant and developed land on the east side of the site. Staff requests that the subdivision include the entire area outlined in Image 4, below. The subdivision design should consider the following points as discussed in the pre - application meeting: - The building permit for the garage on the southern portion of 6130 W. 35` was approved and issued in 1992 on the basis that the northern and southern portions of the property were a single parcel as represented on the Improvement Location Certificate submitted with the permit application. Accessory structures are not permitted on a lot without a primary structure (section 26- 625.C.1). Thus, in the subdivision plat, the northern and southern portions of 6130 W. 35` Avenue (PIN 39- 252 -14 -012 and 39- 252 -14 -028) should be consolidated into a single lot. No street improvements will be required by including 6130 W. 35` in the subdivision because curb, gutter, and sidewalk were constructed in 1993. - Per section 26 -420 of the Municipal Code, subdivision design should yield lots that meet the minimum development standards of the zone district, including minimum lot size and width. The vacant land identified by PIN 39- 252 -14 -029 is not large enough to meet the minimum development standards in the R -2 zone district. This land needs to be combined with a lot to the east or west, or divided between both. Alternatively, this area may be designated on the subdivision plat as an undevelopable tract. - To avoid conflicting legal descriptions, the southerly boundary of the new subdivision may be designated as the northerly boundary of the Morris Subdivision which lies to the south of the subject site. Ultimately, the subdivision may create three lots in any configuration so long as the garage and home at 6130 W. 35` Avenue are on the same lot, and the other two lots meet the minimum R -2 development standards. 4 — Minimum area to be included in subdivision _.. r+� � .. _ N E Access & Utilities The City of Wheat Ridge is not a full service city. The following districts serve the subject site: Wheat Ridge Water (303) 424-2844 Wheat Ridge Sanitation (303) 424-7252 Wheat Ridge Fire District #1 (303) 403-5900 The subdivider is responsible for contacting the districts that serve the site before the plat is created and for providing utility infrastructure once the plat is recorded. A subdivision improvement agreement (SIA) will be recorded with the subdivision plat, and a bond will be required to ensure that utilities serving the new lots are installed. Similarly, an access casement for the private drive across 3470 Jay Street should be negotiated and recorded prior to the subdivision. A private drive is permitted to serve the new lots and provide access off of Jay Street, but the drive may serve no more than four (4) dwelling units. Park-land Dedication Parkland dedication is required for all residential subdivisions. In this case due to the size, no land dedication for public park needs will be established on the subject property. Instead, a fee will be required in lieu of land. The fee is based on the number of new residential units that result fi the subdivision, per section 26-42 LD of the subdivision code. The following formula is used as a guide to deten the land area to be dedicated: Total number of new dwelling units multiplied by 0.01 fi acres = Total acreage required The fee in lieu of land dedication is equivalent to the full market value of the acreage required for park land dedication. The fee is determined by planning staff and by recommendation from the Parks and Recreation Commission. N Subdivision Process This request will require a minor subdivision and at least one public bearing. The first step in the process began with the pre-application meeting on September 8, 2011. The subdivision process officially begins with the submission of a complete land use application and Fee. Sometimes this is submitted by the engineering or surveying firm who has been hired to prepare the plat document. After a complete application is submitted, a staff planner will be assigned to handle the case. This person is the project manager for the case and will be the contact at the City throughout the entire process. The case manager will prepare a staff report with findings and a recommendation which will be presented at the Planning Commission public hearing. At the hearing, after the staff report is given, the applicant and members of the audience will be given a chance to give testimony regarding the application. Generally, a decision will be made that sane night. For minor subdivisions with no dedication, Planning Commission is the final authority. Once the plat is approved, it must be recorded with Jefferson County. Within 60 days of approval, a blackline mylar of the plat with original signatures and fees must be provided to the City for recording with the Jefferson County Clerk & Recorder's office. There may be other fees required to be paid at this time including parks fees in lieu of land dedication. A subdivision improvement agreement with financial security may be required if public improvements are required to be installed. This agreement is typically executed and recorded at the time of subdivision mylar recording. Architectural and Site Design Manual (ASDM) The Architectural and Site Design Manual (ASDM) does not apply in this case. Building Division comments: The building division was not present at the meeting and has no comments at this time. M I q 0 0 o• { O Q m m m N� c D> O O O Z z m m m D rr > 2 C- O K D X >W' W cwn z m m m m 2 m v m D JAY ST � o r _ -yOa O ND p O O ° w ° w o a ` 39- 252 -14 -027 0l o 9- 52 -14- OL J � po O ° 39- 252 -14 -029 39- 252 -14 -011 i - w 9- 252 -14 -028 39- 252 -14 -012 V a C C t` J o O +_ cD / O v r W 3 ° o k l= City of " MMUNITY DEVELOPMENT 0ge Memorandum TO: Micro Development Staff FROM: Sarah Showalter DATE: September 1, 2011 SUBJECT: Pre - Application Meeting for Flageolle property at Jay and 35 Avenue In preparation for the Pre - Application meeting with Carl Flageolle please review the information in this memo. Most of the information is based on previous Mirco Dev meetings, including the one on August 31, 2011, as well as previous correspondence with the applicant and the applicant's attorney in 2003. Mr. Flageolle is applying for a minor subdivision to create the two southern lots outlined in red on this aerial photo (both currently addressed to 6160 W. 35 Avenue) for single family development: f , 1. Overview of Property History There are several parcels that are involved in Carl Flageolle's request, most of which have not been platted. All of the properties in this area are zoned R -2. Please see the color -coded map, Attachment 1, which includes addresses and parcel ID numbers. There are four parcels with single family homes that front W. 35`" Avenue, all of which contain homes that were built prior to the City's incorporation in 1969: (1) 6130 W. 35` Avenue (shown in yellow on map): house built in 1939 (2) 6138 W. 35` Avenue (shown in orange on the map): house built in 1934 (3) 6154 W. 35`" Avenue (shown in green on the map): house built in 1944 (4) 6160 W. 35`" Avenue (shown in blue on the ma): house built in 1939 There are two properties that were platted via the Littlejohn Subdivision in 1994: (1) 3490 Jay Street (shown in aqua on the map) (2) 3470 Jay Street (shown in pink on the map) There are also four land - locked lots, shown in pink, to the south of 6130, 6138, 6154, and 6160 W. 35` Avenue. These lots were created in the mid 1990s when Jerry Flageolle deeded the rear half of the four lots to family members, including Carl Flageolle. In 1995, Jerry Flageolle received direction from the Community Development Director (Glen Gidley) that he could accomplish lot line adjustments for the properties at 6130, 6138, 6154, and 6160 W. 35`" Avenues via deeds, rather than a formal subdivision process. At the time, the Subdivision regulations allowed for lot line adjustments between adjacent parcels, but not the creation of new parcels, through deeds. Thus Jerry Flageolle deeded the southern half of the existing four lots facing W. 35' Avenue (all created prior to the incorporation of the City of Wheat Ridge) to his family members. Jerry Flageolle and his attorney, Evan Lipstein, had a Pre - Application meeting with staff in February 2003 to discuss the process for platting the four rear lots created by deed so that they could be developed with single family homes. The notes from this meeting may be found on the V drive in the Pre - Application folder for Sept 8, 2011. Subject to that meeting, staff wrote a letter to the applicant's attorney, Mr. Lipstein, clarifying what process would be required in order to legally plat the four lots. It appears that in 2003 the Flageolles wished to subdivide and develop the lots behind 6138 and 6130 W. 35'" Avenue as single family homes (in addition to the current request, for the lots behind 6154 and 6160 W. 35`" Avenue). Since that time, a structure has already been built on the two lots behind 6130 and 6138 W. 35 Avenue, as can be seen in the aerial photo. The letter from 2003 from the City to Mr. Lipstein states that the City's recommended action is for the applicant to record a consolidation deed with the County that would attach the four lots created by deed (the southern portions of 6130, 6138, 6154, and 6160 W 35` Ave) to the property located at 3470 Jay Street, which was legally platted in 1994. After the consolidation deed is recorded, these lots could then be subdivided via a plat into legal lots. It is unknown whether this consolidation deed was recorded after 2003. Staff has contacted Carl Flageolle and asked him to obtain this information prior to our Pre - Application Meeting on September 8. 2. Current Subdivision Request The present request is to formally plat the lots behind 6160 and 6154 W. 35`" Avenue so that they can be developed with single family homes. Carl Flageolle owns the lot behind 6160 W. 35 and would like to develop that property in the near future. There is no immediate plan to develop the lot behind 6154 W. 35 Avenue. In order to remain consistent with the City's recommendation to the Flageolle family in 2003, it would appear that Carl Flageolle can proceed with a subdivision plat for these two proposed lots as long as he first records a consolidation deed (unless that was already done in 2003) to attach these properties to 3470 Jay Street. After the consolidation deed is recorded, he would be able to pursue a subdivision plat for the two lots. There does not appear to be any reason to include the four northern lots that front 35 Avenue and that were legally developed prior to the City's incorporation in the proposed subdivision plat for the southern lots. One question that staff might want to discuss at the Micro Dev meeting on September 7` is whether the two lots behind 6130 and 6138 W. 35' which were only created by deed and have since been developed, need to be included in the proposed plat for any reason. Other items for discussion regarding the proposed plat for the two new lots behind 6154 and 6160 W. 35"' Avenue: Access Based on preliminary conversation with the applicant, we know that they would like to provide access to the two new lots from Jay Street, with an access easement across the property at 3470 Jay Street. Staff will recommend that the eastern lot of the two to be created receives its access from the public right-of-way to the south since this lot connects with the cul-de-sac at the end of Ingalls Street. We need to confirm with the applicant where the property at the southern half of 6130 W. 35' Avenue receives access since a private drive is not allowed to serve more than four properties. It appears that this property has paved access to the north, from W. 35 Avenue, which would mean that the two new southern lots could technically receive their access via a private drive/access easement from Jay Street. Drainage When Dave Brossman, Development Review Engineer, is in attendance at the Micro Dev meeting on September 7, we will need to discuss what drainage/water quality improvements will be required. There is also a private drainage ditch running across the southern edge of these two properties that will have to addressed. Rocky Mountain Ditch confirmed that they do not own this ditch. Public Improvements Because the proposed plat does not need to include the properties along W. 35' Avenue (which were legally developed prior to the City's incorporation) or the two properties on Jay Street (which were platted in 1994), there does not appear to be any reason why new curb, gutter, and sidewalk would be required on either of these streets. Note: in jollow-up to the Micro Dev con versation on August 31, W. 35' Avenue east ref f Pierce Street is a designated bicycle route (shared bike lanes) per the City's Bicycle-Pedestrian Master Plan, Utilities We should inform the applicant to contact sanitary and water providers to get information on: (1) how they can provide service to these lots and whether they would allow service via a private drive from Jay Street (2) how much new taps will cost Attachments I — Color Coded Map of the Area 2 — Letter to Evan Lipstein, Attorney, from 2003 N a � F- w 0 uj W w U4 Q Z `V 1 1 1�. FQ u� . IS ;a 1 Y a 9 rr P' i O H t M i � 1 6, I I Y 1S AVf' � i s) � f ry 1 r �■.■ o zio- V�-zsz szo-ai 9 sz s£ 6zo-vi -zsz- OL N 1 0 t0 t0 0 , LZO - ZSZ - 6£ 0 r ,F r W p N QQ J W W ~ (n ' a w W W Q M J LU W J Q uj 0 O LL IL LL J U) , Y , y r s) � f ry 1 r �■.■ o zio- V�-zsz szo-ai 9 sz s£ 6zo-vi -zsz- OL N 1 0 t0 t0 0 , LZO - ZSZ - 6£ 0 r ,F r City of � Wheat j�idge COMMUNiTy DEVELOPMENT 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303! 235.2846 Fax: 303.1235 -2857 May `?, 2W3 Hier. Evan Lipstein 12600 Wcst Colfax Avenue Suite C - " Lakewood, CO 110215 Dear Mr. Lipstein: The Ott 1 of f Wheat Ridge Please let this letter serve as resolution of the require prucrss for platting of the property owned by Gcrald and Carl f'lageollr at the southeast quadrant ol'Weyt 35' Avenue and Jay Street in the City of NVheat Ridge.. You indicated that in 19.95 you had a conversation with the former Planning and Deve:opmcnt Director, Glen Gidicy, wh= he had advised you how to accomplish lot line adjustments withw Ut a formal subdivision prexxdurc. Rasod on the conversation, new dacds were created, attempting to separate off the southern petitions of 6130, 6138, 6154 and 6160 West 35' Avenue aril attach thetn to 31470 Jay Street- The 101loc*ing exemption in the Subdivision Regulations in place at the time allowed for a lot line vdjLWmcnt, but not the creation of new parcels. Pursuant to Sec:t:on IC.1.c., "...any transfer of a part ofanothcr lot or parcel for the puWc.d of enlarging an existing lot or parcel.. ," As you know, 1 contacted Mir. Glen Gidlcy as to whether lie had rcwllcction of this cmnvrr'sation and he indicated that he did. Based on the information provided by Mr. Gidley and upisn consultation with the city attorney, the city recommends the following proocss for your clients. A ex►nsolidation deed be prelmrecl and r=ordcd with the Jetfierst�n County Recorder's Office merging the existing panels under iuur separate docds with the property located at 3470 Jay Street. Please provide a draft ol'this deed for I'ac city to review prior to recordation, after the deed is recorded, a subdivision plat can be filed dividuzg the southem, wnwlidatod portion into two new tinkle- family lots. If I can be of further asgistmec or if you would like, to discuss the issue in more detail, (10 not hesitzte to comact Tnt: at 303- 235 -284K. SincereiY, Memlith Re:ckert, AICP Senio Planner tip! k C. Stcvc Lister Dave Brossmar. Page I of I From: Meredith Reckert Sent: Wednesday, September 07, 2011 4:25 PM To: Dave Brossman; Kenneth Johnstone; Lauren Mikulak; Sarah Showalter; Tim Paranto Subject: big garage - 6130 W. 35th The big garage at 6130 W 35 Avenue was built in 1992 and measures 22'x 45'. The paperwork (ILC) in the address file shows the lot as one property, not two as reflected on our aerials. In 1999, gas heat was added to the structure, Per that C.O., it indicates that second floor can be used for storage only. Two legitimize it as an accessory structure as represented in the original permit, the two parcels should be recombined. Meredith Reckert,,XICP Senior Plaarier 7 500 W, 29 Avcnue Wheat Ridge. ('0 8001"s3 Office 1 303-2351-2848 F"'\X: 303-,2'35-285" wwxv,ci.wheatridee,co.us Whk�atl� clsyr-- CON F I DENT I A LIT Y NO'T ICE: This e-niai I contains bus iness-confidential i rifionnation, It is intended only loo the rise of the individual or entity named above, If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic st()1-age or use Of thi Communication is prolubite(t If you received this communication in error, please notity us unniediately by c-inail, attaching the t)1' inessage,:and delete the original message fioni your computer, and anv network to which Your computer is connected. ']'bank you. 09/07/2011 a N- Z T \ _ 1 VICINITY MAP I" _ 2000 LEGEND PC PT * Set No. 5 Bar 5 Coo No, 9010 * Set City of Wheat Ridge Street Monument Point of Curvature Point of Tangenoy I LITTLEJOHN SUBDIVISION FILING NO. 1 134577 CNRtTkSCdtE 4ttT "" jl� LITTUIIJOW, barbs the owner of in* - o*l vrov*rtr at A Resubdivision of the West 118 Feet of Block 4, HIGHLAND GARDENS 0.8110 acr.14.serib.4 a follows: !l County at Stuck 4' #l(WZMW natity"Ift' A Part of the NW 1/4 of Section 25, Township 3 South,- Range 69 West of the 6th P K 'Af l s l f o r'or t , feet 1 t4 1 .i Colorado. And have laid out, sulad'atoo'i Ana piatti,d zalc land as par the rawing h.r..4 e.Qi7.iuSd under the none and Style at City of Wheat Ridge, County of Jef State of Coldrodo Lzt —JORX solu)XV131041 'I'MM; xo. 1, a xwkd :viaaon a. a part . of in* City at wheat 91,41o. Colorado, and by 'thox *At W, 38th 4a ddjeat. t the Cl Wheat ty at Wheat Ridz A a t public SHEET I of I + frosts, reada, and avenues and drives AS Shama 021 to* W/4 Canner AVE, ' Accom p anying plat f the public use thereof forever. No, irate a as, In ma.. Sax) !t y 'f. - att I A o A •tat. of C.1-4. I ss County of Ztft.rorm) The torogoing LixtrUMOut 404 #SA<%tA4,bmtAr A* of my *%strol, Nolan Or* Notary PulAx NWIA Lg � / S'r R69W N89*47 'W'E i 8630 se54w W, �3th _AV awmw3 czaTzriclars 8 2,7� 24,3e (Not to SC a nt) Ina iifa4 Numb L I L.q.n. A. 0.xdx.k, A R*gjSt#rd Frofo*ajamal Ernims— —A ua HIONLAN5; GARDENS at Land Surveyor, coaxator#4 in %b . e State t Colorado, do / m Pr.f.s3 hereby certify that in* *4r**y at the boundary of UrfIX-1001 8 473 m"malow JAIL 11114 * W 1, *** %*do zo` 44,9 wade *T. air of reoporeabili . V -soper, 13­, sad chookime, Ann in 4.c.rda4.a with all #ppiicxbl* MoXedo Statutoa, current revio*4 #44 lt tio, as aa*nd*d. T R#CT A Z" , : a , n 40 A"ui 100-TrAA n400 kalx: a"tent prosoxtt iA not location Al't"A A %w d..1neAted flood bA%.rd ar#*, 'the Alicia is based -Poft lutirr"ti County by '41Te—rSon currant on 2-4-41W *ad is 3VAIACt to abWage due to AbAA9iA9 colu"itiOn* T Q after Such der- "c"'lan Cll"'-V� a Xt K 4 Par And *A behalf at �azt Line f o"I.. HLANO N W set� as, 3c t4r T3S, P169 W- - -PLO A 4 OENS - I -; 1, v tit t A A . Sur R41. go. 9010 HARVEY F!RS 4Z)D4T10N Zoned R- 2 i t Fiaid survey control. based upan City of ithost Rj4 A Rjobt-of-Ray , Map &.for a no. ".."A"Ars filed tar retard as R ... pri.n no. $1100199 ad Br Ab. Rid ges T33, RsW� 4x per *beat -I at Cast line of INI/4 of 8,. City f Wheat Y, said A otiza 2 fears N00419°00`8 as par Said field control 2) Trout A Snail car be "ad for residential coustruct"A.00, purpose*. 3) Coordizatea of listed street mummmonts. -asax—ft, 40S.Wito 8624 14076.5603 42442,6725 8625 13918,3493 42443-6155 14076,8670 42525.3844 HARVEY FIRST ADDITION 14076,1551 4254a 1644 Zoned R-2 4) Aanw*# easement AS shown iioroiu is for the tiouietit of cots i And 2, XQTIC;K: Aicording to Colorado law you - I 'y action based upon any defect in tjfo� - *u= .1 ea three year* after you first discover such defect in no aVeQ% Any action hoted upon, any defect in tht*survey be 0, _.d "'re th v ran yowro from th a a data f the C*rzificeriom show" hereon. xotpxcz: luir'parsaa who knowingly removes, .It.ra Or 4*f&c*x toy public L Sur-4y mon or land hoomatrr marmoset, or tcc aOw*its a CIS** 2 xi *d4saar*uar ' ;,or Sent to stiff Statute 19-4-504 C'1.3. 51, jib 30 to fs GRAP%!C SCALE d - W HIGHLAND GARDENS Toned R-2 South Line Stank 4 ... "HiGf4LANE) GARDENS MORRIS SU801VISION Zoned R - 2 � I ts to z * 32nd AVE. Sam 'Ire Meeting Date: 20 February 2003 Attending Applicant(s): Jerry Flageolle Steven Lister 6130 W. 35 Avenue 9500 W. 14 Avenue Wheat Ridge CO 80033 Lakewood CO 80215 Attending Staff: M. Reckert, T. Crane, M. Garcia, W. Petit (Wheat Ridge Water), D. Roberts (Wheat Ridge Fire) Applicant/Owner Preliminary Proposal: Subdivide lots to create seven single-family lots, Access would be provided from Jay Street. Will a neighborhood meeting need to be held prior to application submittal? Yes 233�MM 11111111 Mir I 11�1111 # • Fifteen days prior to the Planning Commission public hearing, the applicant will be responsible for posting the property. Planning staff will create the public notice signs, however the applicant must post the signs. The applicant (or his representative) must be present at the public hearing, and should be prepared to address members of the Planning Commission. This process will be repeated for the City Council hearing. M 12600 West Coffax Avenue phone: 301232,5151 ffl Suite C-400 fox: 303,232,5161 El Lakeyfood CO 80215 ernaR: evan@lipsteintow.com February 25.200x3 Meredith Rockert 3 Senior Planner Department of Community Development City of Wheat Ridge 7500 West 29Lh Avenue Wheat Ridge, CO 80033 Re: Our Client: Gerald J. Flageolle Our File No. 03-103 Deartvleredith. Pursuant to our conversation of last week, I aru, enclosing heremhh copies of tine followin.g deeds: L Deed from James L. Heighton and Shirley R. fleighton to Gerald j. 1° "lageolle, dal.ed July 7, '1.995, and recorded juiv it), 1995 in Reception No. F0081341 2. Deed from Einar Lohno to Gerald J. Flageolle, dated July 7, 1995, Although tile enclosed copy is neither executed nor recorded, I can tell you that this deed was executed, and R was recorded on July 10, 1995, in Reception No. F0081344. 3. Deed dated July 17, 1995, from Gerald J. Flageolle aud Laurn NiC Flageolle to Jaynes 0, Duggan, recorded July 19, 1995, in Reception No, 1 4 '0085371, 4 Deed dated July 17, 1995, frorn jaines (). Du an to Gerald 1. Flageolle, 9 recorded July* , 19,1995, in Reception No, F0085372. 5, Dr, dated July 17, 1995, from James 0. Duggan to Gerald J. Flageolle, recorded July 19, 1995, in Reception No. F0085373, These deeds were very carefully prepared, executed and recorded in the order indicated, based on my conversation with Glen Gulley on June M, 1995. At that tirne, Mr, Gidley Meredith Reckert Senior !'armor Page 2 February 25, 2003 assured me that the four sequential lot line adjustments would be exempt from subdivision regulation under the INheat Ridge ordinance in effect. at that time, It was our plan at that three to do a minor subdivision following these deeds, which was then perinitted under the ordinlncc. Linder, stand that you have recently suggested that these 1995 conveyances have created an illegal subdivision. I must respectfully disc ;Tee, both under my interpretation of the ordinance and under the advice I was given by Mr. Gidley at that time. It would be most appreciated if you would review these transactions and then give me a call. I remain hopeful that we can get this process back on track. Sincerely yours, Evan S. Lipstein ESLamm Enclosures cc: Gerald J, I'lageolle 'WARRANTY DEED 1111 DEED, Made this TITI day ;995. BET1VEEN JAMES L. HEIGFITON AND -&�' R I-If'1014TON of the County of JEFFERSON and State of COLORADO, grantor(s), and 0ERALD J. FLAGFOI,LF whose legal address is 4589 BRYANT T. DENVIM CO, 80211. of the County of DENVER AND State of COLORADO, gramees(s); WITNESSEITI that the grantor(s), for and in consideration of the surn of $TWELVE THONSAND FIVE HUNDRED DOLLARS AND NO/100THS --------- ) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold arid conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in tile County of JEFFERSON and State of Colorado, described as follows: THE SOUTH 154 FEET OF THE EAST 100 FEET 01"T'HE WEST 218 FEEr OF BLOCK 4, HIGHLANDS GARDENS, COUNTY OF JEFFERSON, STATE, OF COLORADO, T> also known as street and number 6160 W. 35111 AVE',. TOGETHER with all and singular hCreditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all tire estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, ill and to the above-bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto 0 the said grantee(s), their heirs and assigns forever, and the said grantor(s), for himself, their heirs, and personal representatives, does covenant, grant, bargain said agree to and with the grantee(s), their heirs and assigns, that at tire, time of the enscaling and delivery of these presents, is well seized of the premises above conveyed, his good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full 0 power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and the 00 same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT FOR TAXES FOR TTIE CURRENT YEAR AND 0 r' SUBSEQUENT YEARS, EASEMENTS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF 0 0 RECORD, IF ANY. 0 The grautor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet ix and peaceable possession of the graluce(s) their heirs and assigns, against all and every person or persons lawfully 0 claiming the whole or any part thereof. The singular number shall include the plural, the Plural the singular, and the use of any gender shall be applicable to all genders, C cr a IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. 0 G Z R. IGHTON Z W M lj. STATE OF CQLORADO It W COUNTY OF cc Z 0 The lbreioinll�blst me was acknowledged before me on this 7TH day of JULY, 1995 by JAMES L. 0 HEIG�k W , O(AND & RAk R. BRIGHTON Uj official seal. 0 M Z C) /17 U Z W 0 tr Notary Public Case 995-20538 W U 0 ' (Ito�r rd) P-9 WITNESSETH that the grantor(s), for and in consideration Of the sum of $ TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/100THS -------- ------- ) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, se ll , convey and confirm unto the grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the Count of JEFFERSON and State, of Colorado, described as follows: THE SOUTU 154 FEET OF T!-IE EAST 100 FEET OF THE WEST 300 FEET OF BLOCK 4, HIGHLAND GARDENS, COUNTY OF JEFFERSON, STATE OF COLORADO. also known as street and number 6154 W. 35TH AVE, 'Me grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s) their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth, above, EINAR LOHNE STATE OF COLORADO COUNTY OF The foregoing instrument was acknowledged before me on this 7TH of JULY, 1995 by EINAR LOlfNE Witness by hand and official sea], My commission expires; IM21M WARRANTY DEED (to Joint Tenants) Case #95-20539 Reoordcdat Reception No. 1 � - O D 1xi 82 � �E a of tile (.7ourryor Jefferson State of Colorado, prarote(# WITNESSETH, That the grantor(s), for avid in consideration of the. sum of �'A ae �� 0 4 . f 4.1 D011ARS, tire rectipt and sufficiency ofodircIvis hereby a6urowledgerl, have granted, bargained, sold acrd oommytd, and by these presorts do grant, bargain, sell, convey, and confirm, onto the grantee(,%) his, heirs and assigns forever, all the real property, together with improNtrantus, if any, situate, lying and being in the County of Jefferson State ofColorado, described as follows, The South 150 Feet of The East Fif ty-Three Feet, (E 53 ) of the West Four Hundred and Twenty-one Feet, (W 421"), Block ftir (4), HIGIZAND GARDWS, County of Jefferson, State of Colorado, RECEPTION NO. F0085371 6.00 Pat 0001-001 230 RECORDED IN JEFFERSON COUNTY, COLORADO 7/19/95 11t0i also known by street and number as: 6130 West 35th Avenue, Wheat Ridge, Colorado 80033. Gerald J. I.ageoll Zaltra M. �Flageo e witness illy hand and official $a My commission expires -if in Never, insert "City and". Nu old Addmt off'lsom Clean" 14, Cunt el tmo Vtv STATE OF COLORADO ss County Of Jef erson The foregoing instrument was ac knowicdged before me this 17th day of July by Gerald J. Flageolle and Laura M. Flaqeolle. No. M Rev; 6-92, SMAMALWARRANTY DEED ---------- - 7 - Recorder J: Para. urn, NTH DEED 0 f M T1415 DEED, Made this 17T day of JULY, 1995, DETWrEN JAMES O. DUGGAN of the County of and State of COLORADO, grantor(s), and 4 vs GERALD L FLAGEOLLE Y whose legal address is l of ilia Y County of and ita e of COLORADO, grmitees(s), ee, WITNESSETH that the grantor(s), for and in consideration of the sum of S SIX THOUSAND DOLLARS AND NO/ ------- — -- ) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents'dna' ra b ' 6 ­1 , gMi' argain, sell, convey an d con um unto the grantee(s), their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of JEFFERSON and State of Colorado, , described as follows: THE SOUTH 150 FEET OF THE FAST 50 FEET OF ITIF WEST 368 FEET OF BLOCK 4, HIGHLAND GARDENS, COUNTY OF JEFFERSON, STATE- OF COLORADO. also known as street and number VACANT LAND TOGETHER with all and singular hereditaurents and appurtenances thereunto belonging, or in anywise en appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and ita all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above-bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee(s), their heirs and assigns forever, and the said grantor(s), for himself, their heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, is well sei7&d of the promises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and. has good right, full C � power and lay. antfuirity"iti giam,"bargain, - sell "'and in.matiner.'and'11 ... .. f and the DIM a ortsm same are free and clear from all former and other grants, bargatns',`sates; 1 encumbrances and restrictions of whatever kind or nature sower, EXCEPT FOR TAXES FOR THE'CUMNT YEAR AND SUBSEQUENT YEARS, EASEMENTS_ RESTRICTIONS, COVENANTS AND RIGHTS -OF -WAY OF RE-CORD, IF ANY. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained promises in the quiet and peaceable possession of the grantee(s) their heirs and assigns; against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the'Plural the singular, and the use of any gender shall be applicable to all genders, IN WITNESS WHEREOF, the grAntorts) has executed this de".. e s A the dat�e�ta� ye. RECEPTION NO. F`0085372. 0001 210 RECORDED IN JEFFERSON°CdUNTY,- C ILORADO� 7119/95 ITf0d STATE OF COLORARQ�., COUNTY OF SO I'lie foregoing instrument was acknowledged before me on this 17TH day of JULY I JA DES O. DUGGAN, AME 61 -1. 1 , Witness by hand and official seal. My commission expires: 6 V, VAtINA L MIAH90N Notory Pubile Y State of Colorodo, .! MY Commission Ejq*0s ograplu 0,d)qiib Ca a e 495 -21346 Tf 7"t ecordea M" Recorder SPECIAL WARRANFY DEED TI ITS DEED, Niade this 17th day of July 19'95 Jantes 0. Duggan j of (he Cmury of chef ferson State orCidorado, grantodal and Gerald J. r1ageolle whose legal address is 4589 Bryant Street, Denver, CO 80211 I A s. 7 ofthe City FC County of Denver State of ("'Morado, grardee($): WITWSSE711, That thegerunev($), it r and in canal 4cratiucs of the seam pr —0— DOLLARS, the rectipt and sufficiency ofwhicb is hereby acknowledge t, has granted bargained, sold and conveyed, and by these Presents does taturt, bargain, v,11, wnvey, and confirin, onto the $rantee(s) his heirs and assigns forever, all the real property, together with if any, situate, lying and being in the County of Jefferson » State of Colorado, described as fi)U0wv The Soutb 1.5(7 Feet of The Bast Fif ty-Riree Feet, (E 53 ° ) of the, West Four Hundred and TWenty-One Feet, (W 421 Block Four (4), HICHUAND GARDE Coul'ity of Jefferson, State of Colorado. RECEPTION NO.'FOO85373 6.00' PS:: 0001 " -001` 210 RECORDED I I N JEFFERSON COUNTY,ICOLORADO' 7119'/95� 1'1':OC LL STATE OF COLORADO I count of Jefferson The foregoing instrument was acknowledged before we this 17th day or July t995 by James 0. Duggan. L. V.VW*N Witness my hand and official seat NototY �Publlc M — estnoes yoo no "no" Stole of Colorado WVALENA my commission E4* Sept, 4,1990 M" Nom ad Aft of Penou 0"OnSthwly Orsted Legal V.SedpOw (f 311-31-105.5, CR,&) No, 16. Ree 6-92. SmC%kt. , WARRANn DEED Bradford PubliAine, 174 3 Wave St., Den",, CO 8020 -- 11£!3} 297-2500 — 3 43 IM 9 Alp It J vs R 4 FIE 9a m o won m 0 V. 00 MCI !Wmo5p 0 0m 0 0 i won 0 0m 0 0 i 0 I 03 mo 0 The City of Wheat R 0 idge April 3, 2003 Glen Gidley 8684 W. Warren Drive Lakewood, CO 80227 Dear Mr. Gidley. Please let this letter serve as a follow-up to Our conversation of April 4, 2003. The situation in question is one where the attorney (Mr. Evan Lipstein) for a property owner (Mr. Jerry Flageolle) attempted lot line adjustments with existing parcels on properties located at the southeast corner of Jay Street and West 35"' Avenue. See attached map. Mr. Lipstein indicated that he had a conversation with you in 1995 giving direction to accomplish the lot line adjustments without a formal subdivision procedure. Based on the conversation, new deeds were created, attempting to separate off the southern portions of 6130, 6138, 6154 and 6160 West 35"' Avenue and attach them to 3470 Jay Street. The lbIlowing exemption in the Subdivision Regulations in place at the turic allowed 'for a lot line adjustment, but not the creation of new parcels. Pursuant to Section 1C.I.c., '*...any transfer of apart of another lot or parcel for the purposed oferilarging an existing lot or parcel .. . " The question is whether you have any recollection of this conversation. I realize that it has been almost ten years since the alleged conversation took place. I am contacting you strictly for historic reasons. There is no implication on the part of the city that anything illegal happened; we're just trying to find out back-up information, If there is some recollection of the scenario described above on your part, or if Mr. Lipstein can supply meeting notes, the city recommends the following coarse of action. A consolidation deed be prepared and recorded with the Jefferson County Recorder's Office merging the existing parcels under four separate deeds with the property located at 3470 Jay Street. After this is done, a subdivision plat can be filed dividing the southern, consolidated portion into two new single - family lots. The alternative is that the applicant plat all of the original parcels. Since the document would then become a rmtjor subdivision, public hearings in firont of both Planning Commission and City council will be required. There are also may be the requirement for the construction of public improvements along West 35"' Avenue. If you have any questions, do not hesitate to contact in at 303-235-2848, Sincerely, Meredith Reckert, AICP Senior Planner C: Dave Brossman Jerry Dahl Evan Lipstein May 9, 2003 Mr. Evan Lipstein 12600 West Colfax Avenue Suite C-400 Lakewood, CO 80215 Dear Mr. Lipstein: 110 Please let this letter serve as resolution of the required process for platting of the property owned by Gerald and Carl Flageolle at the southeast quadrant of West 35"' Avenue and Jay Street in the City of Wheat Ridge. You indicated that in 1995 you had a conversation with thefori Planning and Development Director, Glen Gidley, where he had advised you how to accomplish lot line adjustments without a formal subdivision procedure. Based on the conversation, new deeds were created, attempting to separate off the southern portions of 6130, 6138, 6154 and 6160 West 35"' Avenue and attach them to 3470 Jay Street. The following exemption in the Subdivision Regulations in place at the time allowed for a lot line adjustment, but not the creation of new parcels. Pursuant to Section 2.C, I.e.. - -any transfer of a part of another lot or parcel for the purposed of enlarging all existing lot or parcel. .. " As you know, I contacted Mr. Glen Gidley as to whether lie had recollection of this conversation and he indicated that he did. Based oil the information provided by Mr. Gidley and upon consultation with the city attorney, the city recommends the following process for your clients, A consolidation deed be prepared and recorded with the Jefferson County Recorder's Office merging the existing parcels under four separate deeds with the property located at 3470 Jay Street, Please provide a draft of this deed for the city to review prior to recordation, After the deed is recorded, a subdivision plat can be filed dividing the southern, consolidated portion into two new single-family lots. If I call be of further assistance or if you would like to discuss the issue ill more detail, do not hesitate to contact me at 303-235-2848, Sincerely, Meredith Recent, AICP Senior Planner C: Steve Lister Dave Brossman Proiect Description The subject site is located at the southwest corner of Kendall Street and 35 Avenue in Wheat Ridge, Co. The site is owned by the Flageolle Family (Developer). The overall property includes the following addresses: 6154,6160 W 35th Avenue and 3470 Jay Street. The property is currently zoned Residential-Two District (R-2). The site is comprised of approximately 1.5 acres. The Developer has a bid with an engineering and surveying firm to provide the Ridge Minor Subdivision Plat criteria (Article IV of the City of Wheat Ridge Zoning and Development Code) and State of Colorado requirements. 32 a �j Fidelity National Me Insurance Company A Stock k.. mpany Title Insurance 4 12- 15071 VUBJECTTO THEEXCLUSIONSFROMCOVERAG I Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. Any defect in or lien or encumbrance on the title; 7he Company i4ill also J costs, attorneysfees a eA i ncu e d i def o a d e e f the title, s insure, but only to the went provided in the Conditi an d Stipulations. rr ns IN WIrNESS WHEREOF, FIDELIrY NAMNAL r1rLE INSURANCE COMPANY has caused this policy to be signed and sealed ly its duty authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company IMMM= Owner's Poficy of Title Insurance Kd onal .71"de Insurance Company Policy Number A Stock Company SURIECT TO THE EXCLUSIOIVS FROW COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B A ND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation, herein called the Com j tyatta , , insures, as of Date of Polic:v shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. An) defect in or lien or encumbrance on the title; 3 b of the title; 4, Lack of a right of access to and from the land. The Compa?w will also paY the costs, attivnev.Cjees and expenses incurred in defense (.!f the title, as insured, but only to the extent provided in the Conditions and Stipulations. [V H'ITNESS WHERE01', FIDELITYA"ATIOA"Al. TITLE INSURANCE COWPONY has caused this policy to be signed and sealed b.v its dulY authorized officers as of Date of Polie.v shown in Schedule A. Fidelity National Title, Insurance Company ALTA Owner's Policy (10-17-92) FNTIC Form No. 1312 (6193) �' � arse 1WM"11"A" , I .`I t FILE NO. 95-21346 POLICY NO. 1312-2453JO Em mm 1111!111 1 4. The land referred to in this policy is described as follows: THE SOUTH 150 FEET OF THE EAST 50 FEET OF THE WEST 368 FEET OF BLOCK 4, HIGHLAND GARDENS, COUNTY OF JEFFERSON, STATE OF COLORADO. Rm Iffi EK"§ SCHEDULE B FILE NO. 95-21346 POLICY NO. EXCEPTIONS FROM COVE. GE This policy does not insure against loss or damage (and the Company will not pay cost attorney's fees or expenses) which arise by reason of- I I RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RE-CORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS NOT SHOWN BY THE PUBLIJ RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN ARE ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NO SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, OR MATERIA HERETOFORE • HEREAFTER FURNISHED, IMPOSED BY LAW AND NO SHOWN BY THE PUBLIC RECORDS. I 6. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORD. 8. TAXES FOR THE YEAR 1995 AND SUBSEQUENT YEARS, A LIEN, BUT NOT YET DUE AND PAYABLE. FILE NO, 95-21346 POLICY NO. PAGE EXCEPTIONS ,y FROM COVERAGE HIGHWAY, TAXES FOR THE YEAR 1995 AND SUBSEQUENT YEARS, NOT DUE OR PAYABLE. 9 LACK OF ACCESS TO AND FROM SUBJECT PROPERTY VIA A PUBLIC STREET, ROAD OR THE LACK ACCESS UPON THE MARKET ABILITY • (303) 779-9555 Fax (303) 779-1851 1: Section 10-11-122 of the Colorado Revised Statutes requires that we inform you that: a: the subject Real Property may be located in a Special Taxing District. b: a Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. c: 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. 2: Section 10-11-122 of the Colorado Revised Statutes further requires that: before issuing any title insurance policy, unless the proposed insured provides written instructions to the contrary, a title insurance agent or title insurance company shall obtain a Certificate of Taxes Due or other equivalent documentations from the County Treasurer or the County Treasurer's authorized agent. The title insurance company shall obtain a Certificate • Taxes due from the County Treasurer. 3: Paragraph C of Article VII of the State of Colorado Division of Insurance Regulation 89-2 states 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 legal documents resulting from the transaction which was closed." NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00, THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHOLDING PRO- VISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHOLDING). rm No, 1341 (6/87) TA Plain Language Policy 112��ZFF Iffill MEJI�� EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation, This includes building and zoning ordinances and also laws and regulations concerning: • eland use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 1 Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date — unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title, 5. Lack of a right, # to any land outside the area specifically described and referred to in Item 3 of Schedule A This Policy protects you as long as you: own your title or • own a mortgage from anyone who buys your la or • are liable for any title warranties you make M d . tIr yM ur death. a You Must Give The Company Notice of Your Claim If anyone claims a right against your insured title, you must notify us promptly in writing. Send the notice to First American Title Insurance Company, 114 East Fifth Street, Santa Ana, CA 927031. Please include the Policy number shown in Schedule A and the county and state where the land is located, Our obligation to you could be reduced if, • you fail to give prompt notice and your failure affects our ability to dispose of or to defend you against the claim h Proof Of Your Loss Must Be Given To The Company You must give us a written statement to prove your claim of loss. This statement must be given to us not later than 90 days after you know the facts which will let you establish the amount of your loss. The statement must have the following facts: • the Covered Title Risks which resulted in your loss • the dollar amount of your loss I - - - A CDC? lim-JEK-AUG 15, 1994 Order No. NRO5473C94 Amount of Insurance s5o,omoo Date of Policy; JUNE 20, 1994 At 8:00 As M. 1, Name of Insured : GERALD J. FLAGEOLLE AND LAURA M, FLAGEOLLE 2. Your interest in the land covered by this Policy is: Policy No. J474882 Premium $491-00 3. The land referred to in this Policy is described as follows: LOT 2, BLOCK 1, LITTLEJOHN SUBDIVISION FILING NO, 1, COUNTY OF JEFFERSON State of Colorado the 001tar amount of Your loss --- - Yvur toss • the method you u to compute the amount Of Your loss A 1. Taxes and Assessments not certified to the Treasurer's Office. Order No. NR05473C94 Attached to Policy No. J474882 Issued by The above referenced policy is hereby amended by adding the following to Schedule A following the policy amount: The Policy amount will automatically increase by 10% of the amount hoc ,m above on each of the first five anniversaries of the policy date. This endorsement is effective only when attached to an ALTA Plain Language Policy insuring a 1-to-4 family residence. Dated: JUNE 20, 1994 I ri, mom° Company shall have the following i- dse settle with other parties for or in the name of an insured against r this Ir tog ether with an costs, at- �� ivasured policy, y expenses inctrred by the insured claimant which were authori up to the time of payment and which the Company is obligated t�''> rty or otherwise settle with the insured claimant the loss or damage pro- s under this policy, together with any costs, attortpys' fees and jo urred by the insured claimant which were authorized by the Company time of payment and which the Co y is Obligated to pay. ' f ex by the Co y of either o�Zii ons pro (ii), flee Copanys obligations to tured unda s r damge, other than the pays required to be shall ter - ncluding any liability or obligation to defetud, Prucu to or continue any jtmINA71ON, EXTENT OF LIABILITY COINSURANCE >licy is a contract of indemnity against actual monetary loss or damage or incurred by the insured claimant who has suffered loss or damag by matters insured against by this policy and only to the extent herein descri liability of the Company under this policy shall not exceed the least of: e'Amount of Insurance stated in Schedule A; or, to difference between the value of the insured estate or interest as insured slue of the insured estate or interest subject to the defect, lien or eicum- sured against by this policy. he event the Amount of Insurance stated in Schedule A at the Date of less than 80 percent of the value of the insured estate or interest or the deiration paid for the estate or interest, whichever is less, or if subsequent to of Policy an improvement is erected on the land which increases the he insured estate or interest by at least 20 percent over the Amount of stated in Schedule A. then this Policy is subject to the following: here no subsequent improvement has been made, as to any partial loss, any shall only pay the loss pro rata in the proportion that the amount of at Date of Policy bears to the total value of the estate or interest at Date u,a 1 V-Jsw. 12. PAYMENT OF LADSS (a) No payment shall be rude without producing this policy for endorsement of the payment unless the policy has been lost or d estroy ed, in which case proof of loss or destruction shall be furnished to the s of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss for a shall be payable within 30 days thereafter. 13. SURROGATION UPON PAYMENT OR sETTLEM[ENT (a) The Company's Right of Subrogation, Whenever the Company shall have settled and paid a claim under this policy, all right of su tdon shall vest in the Company unaffected by any act of the in- sured claimant. The Compan shal be sub aced to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the in- sured claimant l transfer to the Company all rights and re 'es against any person or property necessary in order to perfect this right of subrogation. The in sured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transac- tion or litigation involving these ri or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogatel to these rights and remedies in the pro- portion which the Corn y's payrm m bears to the whole amount of the loss. If loss should result r any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rigbts Against Non - insurer! Obli gors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions con- tained in those instruments which provide for subrogation rights by reason of this policy. 14, ARBITRATION Unless prohibited by applicable law, either the Company or the insured may de- mand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy' provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1 l be arbitrated only when agreed to by both the Com- pany and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties, The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rende by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sites of the land shall apply to an arbitration under the Title In. surance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABLIATY LD0M TO TMS POLICY; POLI ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Com- pany is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage, wheth or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. i Nati onal Administratio 17911 Von Karman Avenue, Suite 30 0 Irvine, CA 92714-6253 DATE: February 13, 1995 CASE NO.: 022757 PROPERTY DESCRIPTION: 6160 W. 35th Ave. SCHEDULE NO.: BUYER/BORROWER: Gerald J. Flageolle OWNER: James L. Heighton, Jr. and Shively R. Heighton TO: Plaut, Lipstein, Mortimer, PC 12600 W. Colfax Ave. #C-400 Lakewood, Co 80215 ATTENTION: Mr. Evan S. Lipstein TO: Mr. Gerald Flageolle 4589 Bryant St. Denver, Co 80211 ATTENTION: TO: Burdick Engineering 2109 S. Wadsworth Blvd. Lakewood, Co 80227 ATTENTION: TO: FOR INFORMATION OR QUESTIONS CONCERNING THIS COMMITMENT, PLEASE CALL ROGER W. SMITH AT TITLE SERVICES, INC./303-779-9555/FAX: 779-1851 ATTENTION: rg��� ENCLOSED PLEASE FIND THE FOLLOWING IN CONNECTION WITH THE ABOVE CAPTIONED ORDER. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DOCUMENTS, PLEASE CONTACT Roger Smith AT (303) 779-9555. ml!# COMMITMENT ENDORSEMENT TAX CERTIFICATE RESTRICTIVE COVENANTS OTHER OWNER'S TITLE POLICY LOAN TITLE POLICY OWNERSHIP ENCUMBRANCE REPORT MORTGAGE LIEN GUARANTEE OTHER . ... ..... . o r nce x i • n RATIONAL HEADQUARTERS RICHNIONO, VIRGINIA COMMITMENT FOR TITLE INSURANCE EriTmIr �* 17707771#1777, the Conditions and Stipulations hereof. THE dMAMIDDRUNIDGURGIM VEUrFTsU Commitment or by subsequent endorsement, This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli- committed for shall issue, .-hichever first occurs, providiid'th�ivhe failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company ' has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws, This Commitment is effective as of the date shown in Sch�eduli , A as"'Effective Date," _' CONDITIONS ANN STIPULATIONS 1 Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof. or(b) to eliminate exceptions shown in Schedule B. or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment, In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein, COMMITbMNT FOR TITLE INSURANCE SCHEDULE A Commitment Number C22757 Revision Number Amount Premium 12,500.00 425.00 (B) ALTA Loan Policy - Proposed Insured- $ (C) ALTA Loan Policy - Proposed Insured: Tax Certificate(s) E l E l $ 20.00 TOTAL $ 445.00 3. Title to the Fee Simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: James L. Heighton, Jr. and Shirely R. Heighton 4. The land referred to in this commitment is described as follows: The South 138 feet of the East 100 feet of the West 218 feet of Block 4, HIGHLAND GARDENS, County of Jefferson, State of Colorado. rssued at: Englewood, Colorado TLE SERVICES, INC. on: February 13, 1995 by. 6300 S. SYRACUSE WAY #150 ENGLE$4069' dO 0111 03) 779-9555 NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. NOTE: House Bill No. 1288, effective JULY 1, 1989 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. 2. Payment of all taxes and assessments now due and payable. if The policy or policies to be issued will contain exceptions to the following unless the same are disposed • to the satisfaction of Company Rights 1. or ,I of parties possession no shown by public records. 2. Easements or claims or easements, not shown by the public records. 3. Discrepancies, i# boundary r ..•. encroachments, and any fact shown which a correct survey and inspection of the premises would disclose and which are not by public records. 6. Taxes and assessments for the year 1995, and subsequent years, not yet due or payable. 7. The apparent lack of access to and from the subject property via a public street, road or highway, or via a privately granted easement; the effect of the apparent lack of access upon the marketability of the title of the land. 8. Permanent Easement for a drainage way for storm water runoff, and other purposes granted: to the City of Wheat Ridgealong the South 10 feet of subject property in instrument recorded November 8, 1983 in Reception No. 83107609. the Owner's Policy to be issued, if any, shall contain the following items in addition to :he ones set forth above: ; 1) The Deed of trust, if any, required under Schedule B, Section 1, Item B. ,2) Unpatented miming claims; reservations or exceptions in patents or in Acts authorizing the .suance thereof; waster rights, claims or title to water. 8) Any and all unpaid taxes, assessments and unredeemed tax sales. I I • E- i Q C4 4J 4J 4J E-4 4J U) > (y) in 4J z w �4 0 0 :4 1 4 N 44 0 �4 f'd 04 lamrQ A �4 4J 0 44 ro �4 "0 �4 0 0) OD ro 0 �4 DV 4J c v< 44 0 >i �4 0 4-4 44 0 -1) X . , >1 41 N 44 0 �4 f'd 04 lamrQ A �4 4J 0 yy f E,�wn yY k� ` m `w + o CO `) J JJJ X3 ^!" 1 ^4 d d t ara� }e 10 V rn "�F" ro 0 r o W Oil +V V � ( W� . 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M • LM . • 44 CO CIO 0 cn t 41 Cd i # 41 0 Pr4 44 • co 0 • TZ4 to - A a r CT+ .° e 41 0', m "c5 O cd ^c3 Q7 CJ , i^1 d3 �4 iJ 0 ON 0 to �1 RS QA 3J i,.F AA � W 1��+^.v.^yyr Iri 1 0 00 4 0 t 1^ , t� . ryM 'V V � ry ��yy �1y F tib 4f hi cn ,0 I ca . a a 9 r Y YF r; • • ♦t W O } t e 0 Vb rn 0 @1 {''' F : 5 N I I 9, MEWOq 4Y W is f DR C.: Ol x-J ry r+Y a�c> `u Q .� .Ci I I 0 • KA- I I I 0 z >i 4 6 0 Fm C 0 to to • • O 33� AaVlN3Fu,.juu ZLVZ RECEPTION NO. F07 23.00 PS: 0001-001 R9Q9RPeP IN JEFFERSON COUNTY, COLORADO 2/08/1999 11:43:08 I WARRANTY DEED THIS DEM Ma&- ma; 13th day of November 98, bdwc James R. Simons of0u.-County of Jefferson audstatoof 'Colorado granion and James J. Steadouin and Mary LoLi Faulkner whose legal 4oklma is 61S4 TrIest ISth Ave., 14heahridge, Colora& 90025 oftheCounty of Jeffaxrson andStutuol Colorado , grurtoc". aIx 6154 West 35th Aveaue, Wheatridge, Co-'crado 80033 TOGETHER with All and rixqulax the litzedhauients And appmenaao thnnsuato bi4oneinll, or in anyeAw appetmhriqc unit dw reverRion and rever&xik, ronaraider Karl lemaindem Joats. isniesand prufibi thureof, anct ull the eautte, 414, fidc. itterest, eluon, "lid denumd wha, a Mvc, of the l;rsntor, either in law or tsluity, of, in a nd to the ahovc bargaicrod pmuxLfti, wrath ilia hera<i3tu ears and Appurwmaice TO HAVE AND TO HOLD the said ptalnisv% ubove bargained and degcrilid, whh the aliptummuretw. unto the grantees, their hem and asiips fooiNwR And rho grunter, for himself, Me beirs end Isersaind roprostrudiv aloes euviment, treat, hergain and ugive to and with the guater,6, theta heirs und "sklpm. that 31 Um time of tine tu"Anding uudt!VfiVcry in di=apresents. be is W43 "aized of kho Inwalges mitwe ocroseytO. IuL" good. tiUrt, perl"CL, absolute, and Ind.04asible ostaw- of inharitancie. in law, in 1 e 'innplu. said hoe goml rigfr. full ,power and luwful atuhnefty to grurn, Itarguin-wil and covirLy the sanie in nianna and fixin ar aforwaij, and 8Iou the Numv Am ft,* and 01cAr free) gill furmgr mid other gtoau& bargains, 4uhe hens, texas, onemb:ances said rextriunon, kd'whuravur kind or wrote *)ever, except for taxog for the carrapt year, a law list not yet dirt. and psajvbla, cusevients, r"trIctiews, ruistwvAtivu%, coveunuts and righoi-of-way of rocartl, It any. 11m rniravrilrali and will WARRAN FOR MR DEFEND the above-harpiriod Irrennses in die quict arid lu=w life yiossms- sion vf tine gionaxss their balm and uslpn,. Agatenad and rrerypamcu) or persons Fat PuDy cWaillit; the whoot err uny part dotiu)r, shall inviude the plural, the plural the singalur, and ilia use of unYienuler s halt be Dpplicuhio in all genden', IN WITNESS WHEREOF, 1 gninurr hzts vxtvuwd this dQwen ilia date KV1 fulrb ut"Ove, <;TATF OF COLORADO covKTY Of ADA-34i The =ass going? inutrumoh, arm, ackDowled oil bofors ill# ti-, 13 th 1 9 James R, Simons MyConurris+iuncxjrns: July 31, 2001 41AY af NoverI)er 1998 'by R ecmdod at c cloc M., Reception No. c �, 31 �A I 1 11 zv� IMMMEM s E 2am rT �71� . .. . � >� \� vrv�«: j lrv?fftb, IF ANY. I \ \8 0 \» \ \b .. � \\ U . � \: R \: U ¢ Q 2 :« � { � \ \: k $ \)�� m \ TOOETHER with all add sitigular hereditaments and appurtenances thereunto belongin& or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the egate, right, title, interest, claim and demand whatwever of the tors} either in law or equity, of, in IN WITNESS WHEREOF, the grantor( s) has executed this dead on the date set forth above. GHTON S X R. AGIITON \ \ \ \/ 6 ,� q x INJIll �. ©i/: -,l $OkOOwnbysttt , ctio 4 nuolba 4 �r 6130 �� 3,5th Moht*, vb6t Rioqo, ColbtMo 80033. StAlli M' "X DRA DO . \. . r_ @ ¥. Jefferson a and t o. I have prepared all the le al a r wi Ce Sincerely, Carl Flageolle 7500 W. 29 Avenue, Wheat Ridge, Colorado 80033 Planning Division 303-235-2846 [fi APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shalt constitute sufficient grounds to reschedule your public hearing, of/with r i i i t name) (Posifion/Job (Eiifity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application ft)r �( 6 i—cati set for public hearing on 20 has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(l), C.R.S., or, ill the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the pr(?Perty subject to tile above referenced application. Check here if there are no mineral estate owners of any portion ofthe subject property. I hereby further certify that I am authorized by tile Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind tile Applicant to these representations by my signature below, Dated this day of 20__, B y C - -A at ��e� 303 233-1171 FAX 303 237-1893, E-MAIL klinnsurveying@msn,com IW 11 1 0 0 0 0 - - - 0 0 0 -0 0 * *- * flTrlW-9Fft-WTsT*TM- rMiUMMErM Gordon S. Page III �w city >r P, LAND USE APPLICATION FORM c I uNay DEVEt.OPMENT 11/23/11 11:37 AN CD8A Case No. MS71C17 DateReceived 1 1 1231201 1 ... ... ..... . ... ... .... RejatedCases Case Planner ....... iReckeft Case Description '3 1oF - App&-" IAAyxobiw .. ... ..... AMOUNT 900.80 Name Carl Fiag�61ie N ame Phone (303) 829.5855 zone Address Estes Cc' City State dip ........... . .. to ip . . .. .... . ... .. . . .......... . . ..... Name Name i Phone `j3031 ------- i 901.06 900.00 Address 9243 Estes Ct. City �Ary ity ;dW ... ........... ------ �tb "I Zip [8 5 State .............. /^&Vwd&w FMSDZGNING REIRRURSEMENT 24000 Name - tarlFlageolloe"' Name Phone '(303) 829-5855 J ZRE V Address B249 Estes Ck r City lArvada tateCO Zip p'8"O"00"5- pApOT RECEIVED AMOUNT Address iM '3d-ti5d Street , city at Ridge State Zip 240.00 Location Description . . ....... Project Nam TOTAL 24 a. 00 . .... ...... r Parcel No txtion islirct No e Parcel No, t' ctio Qtr Section: District No,: F 252?1�40112�IJ'NW25 . ....... . .. ..... ..... Pre•App Date 91812011 Neighborhood Meeting Date ...... .. k N App o: APPI 1 24 Reyiew Type Review Body Review Date Disposition Comments Report CITY OF WHEAT RIDGE 11/23/11 11:37 AN CD8A C4 Flamlle RECEIPT N00 A806639 FMSD ZDNIJJG APPLICATION F AMOUNT 900.80 CITY OF WHEAT RIDGE zone ";'11 11:32 AN CDBA Inn pAYMENT RECEIVED AMOUNT Carl Flapolle CF 63 TOTAL 901.06 900.00 REcEIPT N6:CDQ@6fi38 AM 0 UN T FMSDZGNING REIRRURSEMENT 24000 ZRE V pApOT RECEIVED AMOUNT CK 01 8 240.00 TOTAL 24 a. 00 City of ]�qrWh6atj "ige LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29' Avenue * Wheat Ridge, CO 80033 * Phone (303) 235-2846 (Please print or type all information) Applicant 14, e­e! — Address Crille-s Phone 36'5 Y iJ C i State t ry Fax Owner L A ddress Y Phone 3el - City-­ - - - ------ --- State Zip Fax Contact Phone State-­--­------ (The person listed as contact will be contacted to answer questions regarding this application, provide additional inlonnation when neccssar�y, post public hearing signs, will receive a copy ofthe staff report prior to Public I fearing, and shall lie responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 3 Required information: Z -Z Assessors Parcel Nureter. '3 -2_ 8, Size of Lot (acres or square f6otage):_____ Current Zoning: A, -,, Proposed Zoning: Current Use T Proposed Use: t Submittal Requirements: �% signed & notarized Application Forrn 7-1 Fee (Ainount submittedper Fee Schedule) 9 <1eller of'request indicating full intent and purpose of request 0 Prool'of ownership ((."qpy qfRecorded Deed) 0 Limited Power of Attorney dt'applicant is not owner) ErCertified Survey of the property 71 Rights Certification (Change (.#'Z one, Special Use, Conditional U'.ve, Subdivision and Plan DeveloInnent) M Plan: (,Y'Pelge size is 24 " x 36", must provide 1 1 " X 17" reductiott) (Special Use. Conditionai Use. Variance, Planned Building Group. Planned Development. Site Plan. Concept Plan) 0 Neighborhood meeting (excepifbr Flood Plain exception, Site Plan, Concej f Plan, Conditional Uses, TUN and Variances) * Names and address of attendees * Date, tirne, location of meeting n description (eyeelm Concept Plans, Conditional Uses, 51,weial Uses, TUPs and V`oritmces) 0 Building Elevations (optional) -- A,)iff L17 Copy of Pre-application meeting notes (if applicable.) Additional Submittal Requirements: -0 Copies of 16 pre-folded plans 24" x 36" and I reduction at I I " x 17" (# of copies determined by application type) 771 Traffic Impact Report (May he required for Change ol'Zone. Special Use, Conditional t Asc, Concept Plan, Site Plan. Subdivision. and PD) 7-1 Drainage, Grading and Erosion Control Plan (Concept Plan. Site Plan, Subdivision and PD) 0 Mylars plus recording fees; (See Fee Schedule) (Will be required after approval for Subdivisions. Rezonings. and Annexations) Please note: Incomplete a 1112fication,submittals will not be accel2ted. There may be other items required that are not listed depending on type and complexity of application. Revised 5/19/11