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HomeMy WebLinkAboutWZ-10-02♦LA City of WheatR-dge COMMUNITY DEVELOPMENT Memorandum TO: Case File WZ-10-02 FROM: Natalie Knowles, Planning Intern DATE: September 1r, 2015 SUBJECT: Acceptance of Revised Landscape Plan Case No. WZ-10-02, a request for a revised landscape plan for Highland West Community at 6340 W. 38' Avenue, to be processed into the case file. The revised plans were approved on September 11, 2018. WALK TO HIGHLAND SOUTH APARTMENTS ENTRY INTO CITY PARK MISG 8 O"AST O EXI5TIN& TABLE AND BENCHES JOINT, TYP. RUN THROUGH CENTER LINE OF POSTS 20" ASMI MAN 52M12"MAPLE AIR WALKER O 16" ASrI Cil. ON 8X10 COLORED O CONCRETE PAD RO-KR 12 TRASH RECEPTACLE/ - D0661E WA5TE STATION BY OWNER RO-KR 12 OUR 5 PARKIN& OUR 5 NEW CONCRETE WALK AND ACCESSIBLE RAMP N OUR 8 • \ LANDSCAPE BOULDER; SEE NOTES RM RMP 7 SED 7 HY5 4 5ED 5 EXI5TING BAG 11 5LUE&RA55 LAWN HM56 q SED 10 20" MULTI SIB. ELM 8 RO-KP 56 RMP 3 RMP 8 SW 285 015"0.0. REPLACE CONCRETE PANELS WITH GRAY CONCRETE, TYP. VIN 70 �J \ ®15" O.G. NEW 6' BENCH BY OWNER EXISTING EXISTING -/2S�- WALKWAY 8" ASY1 BLUE&RA55 LAWN O 517TIN6 ROTATOR ON 8X10 COLORED EXISTING L16HT JOINT, P. CONCRETE PAD D HY5 5 EARTH BERM 24" HEIGHT, SEE DETAIL 2 HIP T1,4I5TER ON 8X10 COLORED CONCRETE PAD REPLACE CONCRETE PANELS WITH GRAY CONCRETE, TYP. EXISTING BLUE&RA55 LAWN EXISTING WALKWAY 12" 1ACKBERRY O 12" 1ACNBERRY O RUN THROUGH CENTER LINE OF POSTS tt1 NEW CONCRETE q NLG I • 14" ASY1 4 coNc. O _ FUTURE 15'X15' SHADE STRUCTURE REGOMMEDED:01-AS5I0 RECREATION'S 'MESA' MODEL WITH CUPOLA. 6 CONTACT: G.R. MAROLT ' B A55O0. (305) 762-IOgO Ln INSTALL CONCRETE PAD \ALOORIGIIN& TO MANUF. JUN - 1 G" TONEY LOCUST O `r / \ 5NOWBERRY (I <F 5'_0.. 27'-6" 5'-0" TYP. 20" SILVER MAPLE 0 STEEL ED&IN6, I G" HONE' VIN 110 SEE NOTES LOCUST F51) a ®15" O.G. O 20" 1ONEY LOCUST G" APPLE SHREDDED BARK MULCH, o LILAC I6 SEE NOTES OUT EXT'& GONG. PARKIN& THI5 AREA HAS BEEN IMPROVED, NO ACTION NEEDED PLANT LIST - Highlands West Park Improvements COMMON NAME BOTANIC NAME SIZE QTY INTEREST SEE NOTES COLOR PERIOD EVERGREEN VS. DECID. SIZE (HT x W) SUN/WATER NEEDS TREES GRABAPPLE, 5PRIN6White SNOW Maluo 'spring Snow 2" GAL. 1 Bloom F blossoms Spring Deciduous 20'x 15' • 00 SHRUBS JUNIPER, BROADMOOR Juniperus Sabina 'Broadmoor' x5 4 Form SED 6 BY CLIENT EXISTING BENCH Evergreen 3' x 10' 00 5NOWBERRY, WE5TERN 5ymphoricarpos occidentalis x5 12 Fruit Golor • White Berries Deciduous 2'x 6 116-6 00 5PIREA, LIMEMOUND 5piraea japonica 'Limemound' x5 g Lime colored foilage 14 Pink blooms Summer Deciduous 3' x 3' 116-6 00 5UMAG, THREE -LEAF Rhus trilobata #5 2 Red -orange fall color X, OR N /SPRING RMP 6 Deciduous 6' x 6' t• 00 PERENNIALS, GROUNDCOVERS, & VINES BLUE AVENA GRA55 Helictotrichon sempervirens x1 2 Foliage and Form — — Blue Leaves SEE DETAIL@ 2 2-3'x 2-3' 00 SEDUM, AUTUMN JOY Sedum spectabile 'Autumn Joy' x1 3 Bronze Bloom DR X Dark pink August - Sept 24" x 20" :• 0 5WITGH GRA55, RED Panicum virgatum '5henandoah' x1 6 Red Foliage 4'x 30" • 0 Note: Improvements In Red LILAC 8 1 G" ASMI O VIN 200 015" O.G. JUN 1-7 - A" 1ACKBERRY SUMAC, THREE FSU 38 GRAB 5 — O LEAF 2 BENCH; BY OWNER EXI5TING WAIST STRETCHER BLUEGRASS LAWN ON 8X10 COLORED CONCRETE PAD 4 _ REMOVE 5TUMP, LEVEL AREA, AND 50D / JOINT, TYP. / \ RUN THROUGH coNc. / \ CENTER LINE \ OF POSTS EXISTING WALKWAY \ V TAI -CHI SPINNER ON 8X10 COLORED CONCRETE PAD EXISTING LIGHT EXISTING 5LUE&RA55 LAWN REMOVE GRA L LEVEL &RADE WI EXISTING LAWN AND SOD --NrrH BLUEGRASS/ I � NLG I REPLACE CONCRETE PANELS WITH GRAY CONCRETE, TYP. EXISTING BLUE&RA55 LAWN VERIFY EXI5TING PROPERTY LINE AND ADJUST LIMIT OF LANDSCAPE AS NEEDED 0 20" COTTONWOOD rl'\� • • • • JUNIPER, BORADMOOR 4 20" COTTONWOOD 0 HCH I REPLACE CONCRETE PANELS WITH &RAY CONCRETE, TYP. • • HGH 1 VIN 370 vBLUEGRASS LAWN ®15" O.G. 5NOWBERRY 6 JOINT, TYP. RUN THROUGH CENTER LINE LILAC 5 R5 IS SHREDDED BARK MULCH, \ SEE NOTES SP I 14" 1ONEY FSU Iq ocusT BRM 18 O BENCH; BY — CANER I G" RED MAPLE EXT'& PLUM TO O BE REMOVED BAC,3 HM56 22 SN 2q0 01 ®IS" O.G. • BLUE AVENA &RA55 2 BA& 15 R5 5 SEDUM, AUTUMN JOY 3 RMP 3 — HY5 2 EXI5TIN6 WALKWAY OF POSTS RO-KR 24 LIN I 24" SPRUCE 24" COTTONWOOD O HM56 15 LEG PRE55 SED 7 ON 8X10 COLORED RO-KR 8 CONCRETE PAD BA6 13 RO-KR 15 EXI5TIN& BLUBSRA55 LAWN EG 112 ® 18" O.G. I G" LINDEN I G" STEEL EL EDGIN&, BEE NOTES O O SENIOR CENTER STEEL EDGING, SWITGH&RAS5, RED 6 SEE NOTES FSU 14 EXISTIN(S BLUE&RA55 LAWN TWO -PERSON 13A6 13 \ RMP 3 \ SED 6 BY CLIENT EXISTING BENCH \ RMP 3 • RMP II SED 3 BA& 14 e 08 RO-KP 15 SNOW I HY5 14 \ /SPRING RMP 6 D0561E WASTE STATION \ / SED 14 / \ / EARTH BERM -- SPIREA, LIME — — SEE DETAIL@ 2 MOUND q EXISTING WALKWAY RM 1 • BLUE AVENA &RA55 2 BA& 15 R5 5 SEDUM, AUTUMN JOY 3 RMP 3 — HY5 2 EXI5TIN6 WALKWAY OF POSTS RO-KR 24 LIN I 24" SPRUCE 24" COTTONWOOD O HM56 15 LEG PRE55 SED 7 ON 8X10 COLORED RO-KR 8 CONCRETE PAD BA6 13 RO-KR 15 EXI5TIN& BLUBSRA55 LAWN EG 112 ® 18" O.G. I G" LINDEN I G" STEEL EL EDGIN&, BEE NOTES O O SENIOR CENTER Improvement Planting Plan South Park at 6340 West 38th Ave Drawing Date: 8/13/2018 Revisions: Scale: i"= 7o'-0" North: SHEET 1 OF 2 LLI L0 M 8/29/2018 Highland South Apartments Wheat Ridge, CO Garden Design Therapeutic Gardens LAND DESIGN Edible Landscapes Phone 303.433.4828 5715 W 11th Ave. Denver, CO 80211 www.alternativelanddesign.com SWITGH&RAS5, RED 6 TWO -PERSON \ 5WIN& PROVIDED \ • BY CLIENT \ HY5 12 • RMP II SED 3 BA& 14 ¢RABAPPLE, TRASH RECEPTACLE/ SNOW I /SPRING D0561E WASTE STATION BY OWNER SPIREA, LIME MOUND q \ O BAG 15 I G" LINDEN JUN a MISG 7 EXI5TIN& BLUE6RA55 LAWN SHREDDED BARK MULCH, JUN 12 FSU Iq EARTH BERM, SEE NOTES 5EE DETAIL —BRM g :2 Improvement Planting Plan South Park at 6340 West 38th Ave Drawing Date: 8/13/2018 Revisions: Scale: i"= 7o'-0" North: SHEET 1 OF 2 LLI L0 M 8/29/2018 Highland South Apartments Wheat Ridge, CO Garden Design Therapeutic Gardens LAND DESIGN Edible Landscapes Phone 303.433.4828 5715 W 11th Ave. Denver, CO 80211 www.alternativelanddesign.com NOTE: 5EE DETAIL SHEET Improvements In Red wement Planting Plan 8/29/2018 ands at Highland South Apartments lest 38th Ave Drawing Date: 8/13/2018 Revisions: Scale: i"= is -a' 6-1-10 layout & planting plan 2 8-9-10 City review changes 0 9-27-10 Concrete paving at North: SHEET 2 OF vegetable garden Wheat Ridge, CO Garden Design Therapeutic Gardens Q!LAND DESIGN Edible Landscapes Phone 303.433.4828 5715 W 11th Ave. Denver, CO 80211 www.alternativelanddesign.com City of Wheat~idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 March 10, 2010 Terry Rudolph Alternative Land Design 3925 Federal Blvd Denver, CO 80211 Dear Mr. Rudolph, This letter is in regard to your request for approval of an administrative Final Development Plan amendment for property located within the Highland South Planned Residential Development (PRD). I have reviewed your submittal and have the following comments: TITLE BLOCK The name of the original CDP and FDP is "Highland South," not Highland South Apartments. Please change the title at the top of the page to: Highland South Amendment #1 Administrative Amendment for Lot #2 Block 1 For the Project title at the right-hand side of the page, please change to "South Park at Highland South" (remove the word "Apartments.") OWNER CERTIFICATION BLOCK Under the owner's signature line, please add the name and address of the owner. Attached are comments received from other city departments and outside agencies regarding the plat document. City of Wheat Ridge Building Division: No comments. City of Wheat Ridge Parks and Recreation: - The plant material specified will be maintained by Highlands South. There has been some confusion with the irrigation systems between this site and the adjacent Community Center property. This project provides a great opportunity to sort these systems out. It would be preferable to have this done in the spring, when both systems are up and running. Please contact Mark Route (303-205-7553) in the spring to coordinate or with questions. City of Wheat Ridge Public Works Department: no comments. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. Please submit one full-sized mylar copy of the revised sheet with all changes referenced above. www.ci.wheatridge.co.us You may contact me at 303-235-2849 with any questions. Sincerely, Sarah Showalter, AICP, LEED AP Planner II C: WZ-10-02 Page 1 of 1 Sarah Showalter From: Robert Powell Sent: Wednesday, March 10, 2010 9:03 AM To: Sarah Showalter Subject: WZ-10-02/Highland South March 10, 2010 Case No.: WZ-10-02/Highland South Sarah Showalter I have no concerns pertaining to case no. 10-02/Highland South as reviewed. In the event of additional building, plumbing, mechanical or electrical construction or alterations, permits would be required. Robert Powell Plans Lxamincr/Combination inspector %500 W. 29th Avetme Wheat Ridge, Colorado 80033 Office Phone: 303-235-2878 Fax: 303-237-8929 www.ci.4vheatridoe.co.us 2a CJI)l of Wh6 tl~ e' CJf?4tMUNI7Y DE%1ELC'lP,"EN 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 to which your computer is connected. Thank you. 03/10/2010 Pagel of 2 Sarah Showalter From: Margaret Paget Sent: Tuesday, March 09, 2010 11:33 AM To: Sarah Showalter Cc: Mark Ruote; Rick Murray Subject: RE: WZ-10-02/Highland South Here are the few comments that we could come up with... 1) It would be good to know where the property lines are as this has always been a question. This would be helpful from a maintenance stand point understanding who maintains what. 2) There has also been some confusion here with the irrigation systems. It has been noted that they may cross over or over lap both with their above ground watering functions and their below ground plumbed systems. It would be a great opportunity to sort these systems out. It would be preferable to have this done/reviewed/evaluated when both the Highland South system and the Community Center systems are up and running. 3) The plant material specified will be maintained by Highlands South and as long as it is maintained and nothing noxious was specified there shouldn't be any problems with the plants themselves. Margaret Paget Forestry and Open Space Supervisor Office Phone: 303-205-7554 Fax: 303-467-5901 we~~w.ci.wheaCridae.oo.un L zty--of W he zt I is tie I,yts+, ANAL Ki rRr# !x 01 CONFIDENTIALITY NOTICE: This c-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 its 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. From: Sarah Showalter Sent: Tuesday, March 09, 2010 8:28 AM To: Margaret Paget; Mark Ruote Subject: WZ-10-02/Highland South Hi Margaret and Mark, We sent over the FDP Amendment application for the Highland South Park re-landscaping (east of the Senior Center) to Parks on February 22nd for review. I am not 100% sure who it went to for review, but thought that I would check with both of you since comments are due today. Thanks and let me know if you have any questions. Sarah Showalter, AICP, LEED AP Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2849 Fax: 303-235-2857 www,ci.wheatridge.co.us 03/09/2010 ACity of l WheatR~iqge PUBLIC WORKS Memorandum TO: Sarah Showalter, Planner II FROM: Dave Brossman, Development Review Engineer DATE: February 24, 2010 SUBJECT: WZ-10-02/Highland South - FDP Landscape Plan Amendment I have completed the review of the request received on February 23, 2010 to amend the previously approved landscape plan for Highland South, located E. of Sr. Community Center on W. 35th Avenue. I have the following comments: The proposal appears fine; Public Works has no comments at this time. To Sarah - Highland South Landscape Plan Amendmnt (02-24-10).doc C City of 75 00 West 29th Avenue Wheat dge Wheat Ridge, Colorado 80033 COMMUNITY DEVELOPMENT 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: February 22, 2010 Response Due: March 9, 2010 The Wheat Ridge Community Development Department has received a request for an FDP Amendment to accommodate improved landscaping at the park area that is part of the Highland Park South PRD (directly east of the Senior Community Center on 35th Ave). No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-10-02/Highland South Request: The request is to amend the approved landscape plan to accommodate landscape improvements. The proposed improvements include updating the landscaping and sprinkler system, reducing bluegrass areas, and installing 6 fitness stations along existing walks. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Sarah Showalter Voice: 303-235-2849 Fax: 303-235-2857 Email: sshowalter@ci.wheatridge.co.us DISTRIBUTION: Wheat Ridge Public Works Wheat Ridge Building Division Wheat Ridge Parks and Rec a IM koj 1:5¢. o-.. Sr IFE&L DIEWIELOPKEHU 1- r. Highland South Ci Pli Wheat Ridge Colorado Unfts 117 Elderly . C099=H001-133 " v . r 5~, Highland South Inc. Box 1200, 6340 West 38th Avenue xl 80033 Wheat Ridge Colorado ~lt . Telephone (303) 861.2456 ext. 251 3 %Ws sIMtn -M101'f CElffIflGSE THIS ri M EEi1 m mtm a4921U fCot MiiR e Cltt CWKIL. D10 TIE XI 1M i9 MGT No At9Xp\E TH c4n - R•5 WF311M MIT KI[Wtf it TM 1,.1. - on. etareu unit 505:25 .I. - 17 init.- - _ - Y ~Ifir- F h s X IYIE. - f ~mJ/aosomLw< - - - N 9i~T'~~ Arran 2 A W fA ~ 9-' an iglIX. tgit 523.5 i.T. - Stllt tY M Witt p Wit Tryt •n' - On. I.prta NiMi<.ppE ltlll 523, s.f- IF14 T17 T.UI Unit, 1 M f 1 g .9i X r mc C0. r OOJJ - C mAd wtre ILEAA Alo rEmm•s aAnrluTE fmar/ IwiIt Itt N'S AC OM r BEiIE iMis 0Y T0 _ ~11rk - - 1 If/9T C949f\'IMI 3M5 FW II19 EIM IX X\ afia AT 5 L O'afxE 0 X, a TM Gt G 7?26.. n Y ~STSE$S MI X•3Y AM sKICIK 55At: NMS"IN UPIM:/•/•>V - . _i9tana cwratun wAam- 1 ~ . ' .Tgis lS is CERNn U[. wTXIX NAY NU YAI A?PR)YF➢ 5r ilk WHIM C1ugSSIM a m an F *OT REM, COILNOY - - i 1 I 5 Vicinb . ~ ^ CR~i1.. C l ~5n~5~tr _ ~ a111ss5a I. r i . 1 G mwMm XE\Fid' - = u~ 4 ~r.. 1. 3 i d` f ONE I A No wn I. aoo S.Z. I. FEE, HIGHLAND SOUTH SUBDIVISION A PART OF THE NE 1/4 NW V4 OF SEC. 25, T.3S., R.69W, 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO X )'.+<LnATlw a631E9e(xn , acars EAWAp]R °E E mi.°ri Fl9ENQR LOT 1a BLOCK 1 21313 A.A. 0 SSFL 111L C I L II. Xr ca. XE W4 Xxvt . 1. aw too ee 1.____ 2.40 DIM. aunvj WFSt LINE NE In MY VA OKr OF BEGINNING UtiNJA: 71 gn _-___ac♦ 4a I~ y _ R._. J 1 ORAINAAE EASEIOWT DETAIL II .u L w Uu I r 1J L_J I1^fI L_ YICIXT' MOP ' XW lfa .Ihidf b tab, nArva 2, BLD" I ND7 zS tACLLATeMI k EeIFI•tEXCY (6•m+~tw ACfE86 Ea!E)KNf L^\ -1 f--~I r-91 0 D (---1 m 2a tai za ijji za IABgi -'t.il] ph, •r8 IN pFa j IWi eaAV1dIM Tay&FI"I`M 211 WT.TO-T DENIM WI PAi1 al et Xa 3 FD ~13 2y'W B FAST LANE W12 WVE ME aNW V19EG T3 ~ -I11- N 111 wT MPPOT EEa~a~ y11nz<'.~J16d~i3~ ,SEE OETAL A - -~i-... . gOTES: 1. Drains. Ditch Mwaent ¢outt or.,,, fret vest to east (a. location given) as described 11 Book 77, Page 103. 2. Bearings are boded on the North line NE3 K41 Sec. 25 bearing X89°51 34N. IBear- ing pbtalood ft= City of Wheat Ridge Engineering Oept.l 3. The Property 1s zoned PPP. 4; Perattea uses dre those alloeoa antler teas PAD distritt. s. Indicates found Lane Ea k. Co. oin With .11 P ua3g 6. 01nd1 efts set pin with aluatra.p Ls 12405, unless tM i indicated. 9 D t tf pond and tint fn ilftl t b dedicated and 1 alned In perpetuity by the p p ty 3 o d ee With the .,at.... buds by g 11 tl A C igg I g gi n. Rated Tabruery sb 11., 8 P kl g I. Not all ad on the o as lg Cited a afgnolat3gn and ..,.nay .aeaaa ....e. e . PLANNING CpxIS510 CERTIFICATE This 15 W ¢reffy the within plat has been approved by the Planing CuPltsfon of the City of Wheat kid" folnrad0 shrAZ__ rp~l[lyd/5y0n ( -~Aaof PUBLIC ' f.R9l SERVICE COLORADO DATE PREPARED: FEVWLLWY 4, IM EMK 00"OUL-mm-raA EnG. "Omens tOIlYNY1Rt - LYYID /IAWNNI1t fiM lY1e 4Ttl1 Wbl aXR b.. pie.WPaq, gaGarq aprm Iba1M.ILO iB F,tf 1- - - :um' . msv ell On Did PrtMyterian Association being the ouftr of the net property of GZAR acres descrlbad as follows: The West half of the West pelf of the Northeast quarter Of tM XortA,est quarter of Section 25. ionahfp 3 South'. Range 69 Wet[ Of LYe 6th P.X., exeep[ IM IbrtA 30 IeeI CIA aM IN. t Ne South 377 (eat of the West. half thereof. Lod except the Sa tes 25 ones thereof, City of Wheat Ridge, County of deffersan. State of Colorado, tore parficall,,ly described es NOTIONS: CoPOKIN, at iM Northrtrt caner of the WOrtWd,t. quaver Of 1M Nortla,ett qusrtrr of Ad" Section 251 teMe 910'35.5 along DIe weIII Of said XorLCXd Warier of the NOrthsvst quarter 30.00 feet M the Paint Of eeginnirg; nWn¢ mn[iwi~ry lolg .5tl YISO lift b°OS'3S•E 92109 feet to A tin. 327 feat North althe Swta ltrc of said NOrtMLat .Tter of tM "h- aeae quarter: IWM 599°56'57-E Along said lift 165.51 feet to the East 11. of the Nat lull of the West hSit of the Most half of said Northeast quarter of the NortMest quarter; then. SO.05.45-E along Sala link 352.10 FORT TO A line 25 fret North of the SDath lire of .10 Weep. east quarter or the NarNZSt quarter; thence 95.57.10•E aloq said line 165.59 feet 0 has East line of the Yert half of the West half ST-Sbfa brneas[ guartar of CAe brthest gwrter, thence W60-21N alm,g said like 1272.66 feet to a like M feet South of the XOith Ifft of Mid. XOrtNeast quarter of Line Northeast Quarter, ttauae WB9a5YMN along said life 331.21 feat to the Point of Waning. containing 363,26E SW.TC flat Or 6.339 acres, mrt or last. MNER SI01Ut9RE - - Wheat acorn Association 6EAD W. - 30tth Fn'sh AoAPWA s hea CO 80033 t Aidge. CO ~ 8y r6-rn;S2`WNas1& t B N1q STATE OF COLORADO I CWN(Y Of JEFFEPSM 1 TM forepoln instrwCnt as ackneeled9N before Ne this dal of (L...1 i A.0 19-4.. by ,~A...r..A T Witness atl hand aM official all. Xy Ce0.1%10P explnd 11 a- QS o` ~-Wef,ry~ WATOR'S CERTIFICATE This 1 t CBrtify That the City of What Rle9e. Colorado. by agtl0n Of. Its City CGO.ill did an .the~tltd y of M&f k I9,ft adapt and appease the Wi Mtn plat and accept dM. dedlce. tf0lhTi o Mae_. u rxEer salon-!'lf% 2 ' V'S4k~ m. ORAL SURVEYOR'S CERTIFICATE IAytROINaImAEL, do hereby .rclfy that the survey of the boundary of XIDIRAX0 SOUTH Was M urdar W aupeevilion, am the a.oo.Wfn9 plat accurately, represents said surrey, AM 1 fureher certify that 1 have complied in all eespocts kith Colorado Revisor Statutes. Chapter 51. Article 2. 1%3 . aRended. - n • ;"ENN B_bCp ft. 0 ' CLERK RED RECORDER'S CERTIFICATE STATE OF COLORADO j ss ' - " COUNTY OF JEFFERSON J [ - CONN. - Accept d for fill.. in the office If County CIarA ANN Amxdet of the Coaney of affersan, State P of Lolorean, this any of - R 331 ereDtien Nom. 8 19 Y2: # v i C i s lai - - d a- r ~W "ch w . by - dc". r fdc". si ,4 _ DETAI A LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Applicant LlSo Qjc~-ol~e ; Address&5.4o I,A bST=1 bNz_ ,SrF j00phone3oj-~7_4~4o1 City I~IH~ta~ 1771"0_ State Co"Ritcto0 ZipFax3o3 4 Z4'/0~q5 Owner NlvH~~ Address&-64o 1,..(,'jB'M 6y(, Sr=tao Phonelo3 4 2~{~jycl City wt- =p r fit0~r State C~Lop-v oo Zip a_ 6 Fax`~j-~2y-~J_ Contact L-1 sig. Address Co' 4o W, 3~T~1 6,vF_, S 7MI Phone'3oh - {2sF~14e1 City I,.tl-r~s (~-tQcs~ State c~~oD-noa Zip dcso33 Fax3a?~-~2~f ~(4c~I (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): C,03,4ao W, Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side O Change of zone or zone conditions O Special Use Permit O Consolidation Plat O Subdivision: Minor (5 lots or less) O Flood Plain Special Exception O Subdivision: Major (More than 5 lots) O Lot Line Adjustment O Right of Way Vacation O Planned Building Group O Temporary Use, Building, Sign O Site Development Plan approval O Variance/Waiver (from Section ) Other: ~Oh t>~ tg-rt~>'n., ~ AMME*+~MG~i ~ is EXiy ~ nvy PP-p Detailed description ofrequest: l o~t~Sc.~aa i~hs p;,a I~~z t~;w uPpp-TZ A•~a7 ~o>'11Ia1 V.LEfL yt~. M a`~-~_r~irc.-~ P,~,~EL~(LDSS At>w~S ZE-tD l+~IST.J~i... ~s1X r-~ ~waCSS StilTi.7e-+S .L~~.i3a-tu IE XtSTtywa k r L0 t"✓ S Required information: Assessors Parcel Number: Size of Lot (acres or square footage): 5 6 -A:~,c) Current Zoning: Pn--t> j>pyLU~~ , Proposed Zoning: t~~ c,~t,~,~tc.,s= Current Use: 1 ut rl_ F ~M I L Proposed Use: r- 4a I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney fr R ~ own ichmm&4,of this action on his behalf. Signature of day of ~J 'uwt / • 20 /O 't'Ugi.IG ry Publi pQ commission expires To be filled out by staff- Date received Fee $,63_0 g eceiptNo.C[~ OG~~lb Case No. Comp Plan Desig. Zoning_ r Quarter Section Map (,IJ Related Case No. Pre-App Mtg. Date j [ 0 Case Man ager _S t Landscape Architecture : Therapeutic Gardens • Garden Design February 12, 2009 Sarah Showalter, AICP, LEED AP City of.Wheat Ridge 7500 West 29 b Ave. Wheat Ridge, CO 80033 Dear Ms. Showalter, This is written request for the proposed landscape re-development for the Highland South Apartments. The proposed plans are specifically for the area south of the apartment buildings that fronts 35 h Ave. and is adjacent to the Wheat Ridge Senior Community Center. These plans completely adhere to the current zoning which is planned residential development and under guidance we are seeking an administrative amendment to the current plans. The following is a description of the full intent of our plans. The goal for the re-development is to reduce the amount of bluegrass lawn and water consumption by updating the landscape and revamping the sprinkler system. In addition, we are installing six simple outdoor fitness stations for the populations of both the highland apartments. Our planting palette is xeric in nature and the sprinkler system will . be much more water efficient. None of the improvements and new plantings being proposed will impact current storm. drainage.. The new landscape does not include any changes to structures or parking areas. Simply stated, we are updating a landscape that.was installed over twenty-five years'ago to make it more sustainable and interesting. Sincerely, Terry Rudolph, ASLA Alternative Land Design, LLLP T 303.433.4828 F 303.433.4767 3925 Federal Blvd. Denver, Colorado 80211 wwv).alternativelanddesign.com 6 5 3 9 3 4 eez ar~b6 3d r $ SON COOR1r, COLORADO ' ' a~. tmsroxtm Va.41q z DEED OF TRLi ff PeA ' Irarlaq alwra uan 8a /Js, Tees isumemss. made thin let caret August In the A of Our Lord me thousand l/ aim hundred and Eighty-Two barman HIGHLAND SOUTH, INC, A Colorado Non-Profit x xew"ntn oe99ti2m and estsume And" the taws of the State of Colorado wham a"r-t is 1600 Broadway, City and . county of Denver . Stab of Colorado, herrinafear rmfesred to ea Ala Grsnbr, party df the first past; The Public Truabeaef the . County of Jefferson State of Cebrado6 hesehWbsr referred to os the Trustee, party of the second part; amt COLORADO HOUSING FINANCE AUTHORITY, a body corporate s political subdivision ,raagyatlmisaq organised and existing under the laws of the Slate of Colorado , having Its principal piece Of business at 500 E. 8th Avenue, Denver, Colorado 80203 • pd hetrixnfter referred to " the Benefidary. party At the third park Witnemeth; p This mnveyana is made in treat to sauce psy wot of A just indebtedness of Grantor to BeneBeiA y bs the principal CA tumof Four MllI Ion Five Hundred Twenty Thousand s No/100ths w Dollars 13 4,520,000.00 evidenced by Its Note of ever dabs herewith, ca hearing interest from dabon outabndinwbalanae at Twelve par centaur ( 12 9h):* hay per annam, Add principal sod Interest being payable in monthly installments" provided In said Note with A&W maturity i of November ) 2023 , which Note Is Identified As being Assured hereby by a me Ugate thereon, Said Noe and all of Its terms are incorporated herein by reference and this conveyance shall seen. Any and aU "tensions thereof, It"amr evidenced, Arm Wtum&As, the Grantor is de rom of maturing the prompt payment of the said Indebtedness and of assuring pat, formante of mch and every commat and agreement herein contained; Now. Titseeross, the Granta,, in consideration of the promisee, and for the purposes aforesaid, has granted, bargained, mid, and conveyed, and does hereby grant,-bargain, *01. and convey unto the Trustee, In trust forever, Alt these certain lots or parcels of land and premises situAte In the as . County of Jefferson , and State of Colorado, bounded and described as follows, to wets SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. **NOtwithstanding the rate of interest specified above, the undersigned promises to p annual from the ay interest on alladvances at the rate of Eleven s One Half er cent ( 11.5%) per panel he of to and including lthe earliest to occur eofr(i)Hthe idat Commissioner ffinal endorsement by the Commissioner on said panel, (ii) the date of commencement of amortization specified above, or (iii) the cost certification cut-off date established by the Commissioner. Together with all mioersl Sad WMAr right tbmein, and All coed singular the privilegm andaapp,reaame, to the same bringing; and Together with all buildings and Inepro t, of every find and description now or haaater erected or placed theten, Inclading but not limited to all gas And electric apparatus and equipment, Angina and machinery. radiators, beaters, fm, names, heating equipment, all Ughti,g Red alo-tonditioaing eoaipnant, W Arcane and Me water boilers, Rn staves, tango, tevatnrs and mAtors, bathtaba, sake, water closet.. beaten, pipes, fame and other plumbing and heating fixtures, mantels, refrigerating plant and rafriga eaM whether mmb oiral or otherwim, Sabin apparatus and appurtenmeag, forn'Jam shades Swamp, savenq blinds and ether fornishinee; sod Together with all balding matertae and egglPmrnt mw or hereafter delivered to said premises and intended to be Installed therein; and Together with all of the Sob, b"m g and proah vhi& may,rim fir he had therefrom and all RNees er personal pfpptrey now er hemfter attached to ar used In and shoat the building or buildings now erected or hereafter to be areeted oopP the lands herein deseribed. It is hereby agreed that to the eatent permitted bylaw all of the foregoing property red al= an to be deemed And held to be , port of out amxed to the rcaey. TO Raw aim To Now the same, together with an and singular the privileges and appurtmmees thereunto belonlling: ere:thekn, That In the event of default in making any montbly Payment provided for herein or In the Noe alp hereby. and it suet default is not tnda'gwd prior to the due date of the next peek initallmeS in. in esse ddantt dhall be made la. W to Wine of Violation or branch of any of the terms, eed(tions, eovenanta m Agtmnents herein motalmd, than upon Airline, and donned in writing filed with the Trustee m provided by law, it shall and may be)awfal for the Trust" to forecIM Wes Dced of Truck and to gall and disposes of said promises an melee m in separate parcels (u the Trustee may think beat) aid all the right, title, and Weetat of the Grantor, thereto, At public auction at the front door of the Court. bowe, In the the ,Caanty of Jefferson Effie of Grim the W ss said Premium, mW any pat tbavnl an snag iP in notice net ele, for the highs! and heel prom tae same Will tw bring in ale four -00110 public notice having circulation ham been than Published given of the time and piece of inch sale, by asm m be required pre pi of rtaevt circulation ism published in this minty atntamld m by y m an other mum Of may t, may than vvem Wrd acme law and bad to band mranute and deliver his Z Art of te proT?mkd0 hDeed is and/or oertifine earifficesta of oredemption Paying and than oily o Provided by law; and the Trust" Sha sholh n, ant he sa or apik of such sale, after first PUdaB d mounting oil fug. charipm, 1, hreu cant, or makng aul hare and advertising tsaid ld pimalms, su ante rep face an ham P d, Pay to d the he ber+ary erer, tthe herder o of the rho mi ebted ebtdaam and AN murs smoant of of such indebtedness, by the her~.da er holder er of the idebffidn s, for i indebtedness, m dehig theme, and tares and to the . wants, With interest ~ , charter, =Me an the said dset forth in the Note saveer ltdpetu edn6 the a airy, unto fic rate GretW: whet aW or ,aka and Wei dad W deeds co made ahsH be A . phefor perpetual but. bath In law an And d equity, against the Grantor and aU eaher persons claiming the premise aformaid, or any Part thereof by, from, thtougb or under the Greeter. The balder of the indebtedness may purchase said property or any part thereof; and it shalt not be obligatory upon the purchaser W Purdis mre ae any each ale to are to rte application of the Purchase minty, if a cal,,, deed is required, the Grantor hereby agrees to pay all the erpmsp thamt. And the Grantor Armenian, sad agrees to and with the Trustee, that at the time of the emeatlag of and delivery of them Pt'anelR it is well wind of the said Promisee In fan simple, and ban SOW right, full power and lawful authority to C NA bargaia, gull and convey the mane in matmer and form aforesaid; hereby MY and absolutely worries ad releasing 22 rights and claims it may barns to W to said premium an ahomestead exemption. or other uemptioo, under and by vireo of any act of the General Assembly of the State of Colorado me, existing or which may bonaftar be passed In relation thence; And tbat the acme are free and dear of all lines and mambraaees whatever, and the above bargained premise in the quiet and Preamble ppsemim of the Trustee, against all and every person or persona lawfully claiming or to Wim the whole Or any part thereof, the Grantor WWI and will Warrant and Forever Defend. And the Granter, in order more fully to protect the security of this Deed of Trust, dote hereby covenant and Anne as follows: 1. That Grantor will pay the Note At the times and in the mumer provided ther®a; I That Granter will not permit or eugen the use of any of the property for say purpose other than the use far which the acme was Intended at the time this Dead of Trans was executed; S. That the Regulatory Agreamnt, if any, executed by the Grantor and the Federal Housing Cmmi®oer• which is being recorded umultaaeonWr herewith, is inemponted in and made a part of this Deed of Test Upon default under the Regulatory Agremant cad Upon the request of the Federal Hearing Commruiems, the Beneficiary, At its option, may dedma the whole of the indebtedness Assured hereby W be due and payable; d. Thu all Vets, Profits and income from the property covered by this Deed of Trust era hereby assigned to the Beneficiary for the purpose of discharging the debt hembir secured. Pemieskn is hereby grve te Grantor An long a m default exisu lareundar, to collect such ranffi, p.fiu And income for use I. accordance with the provision of the R.O. la Wry Agreement; That upon default r.,:eundc: Eenein.m- shall be entitled m :br aprr,r:men= o: s reeaner by any rear: h-wng jurisdiction, without aotim, W eke Wy$ec!n.. ono protect tn. pnpeny' neierlbco herein una operate same ano collect the rents. Proltp and income therefrom; 6 That at the option otYBe Grantor the principal balance second hereby my be Mosortiud on arms acceptable to the Federal Housing Cmtalubmer if a pArtial prepayment results from an award in mndmnation in accordance with Pm, viskns of Paragraph 8 herein, m from an Mariam payment nude in aWmmlance with providoos of Paragraph T heroin, wham there is a k=Wting imp of Frejmt I==. 7. Than the Grantor will keep the improvemmda now existing or hereafter areetd an the deeded property insured Against loss by fin and such other hesaMs, assn ltin, and eoathgenelea, a may be stipulatd by the Federal Homing Committimer Upon the insurance of the Dead of Trust and other hauls an may be required free time to time by the Bene- ficiary, and all such rammu m WWI be evidenced by atandard Fire And Extended Coverage Insurance Pel{q or Policies, in amoests net IW than necessary to simply with the applicable Coinsurance, Clause pexratage, but in m event Abell the anent, of coverage be Ian than eighty par canteen (80%) of the Intarable, Values or not less than the unpaid balance of the inmared Dead of Trask whichaver is the knee, and in default thereof the Bete4cary shall h ive,tha right to client insurance. Each policies shall be endorsed with standard Mortgages clause with lose payable to the Beneficiary sad !be Federal Housing Commissioner an Interest may appear, and shall be deposited with the Secondary; That if the Promises covered hereby, or any part thereof. aball be duoaged by fire or other hazard against which intunuhh is hey As heninebove Provided, the smmma, paid by any maaance coopany, in Pannonia of the Weimer of himita i, to the extent of the Indebtdatsa then remaining ..paid, shall be paid to the Bendsiary, and At iu option, may be applied to the debt or released for the repairing or rebuilding of the premise: & That all awards of dmogta I. correction with my aoadeamation for public Ate of m inlory to any of said Property are hereby Aadgoed and oW be pold on Beneficiary, who may apply the sine to payment of the iraffihlmmu last due ender said Note, and Beneficiary In hereby authorised, in the name of Greater, m exeeuW and deliver valid acquittances thereof And to appeal from my snot award; ' 9. That, together with and In addition to the monthly prymenffi of privdpai and Interest. payable "der the terms of . the Note treated hereby. it will pay to the 8 e~•-%: monthly m the first der of each month after the date leant mtil • . the Now it fully paid; the following men! ~a (al An amount esehent to provide the Beneficiary with foods to pay the next mortgage Insurance predm if this instrument ad the Note secured hereby are insured, m a monthly service charge, if they an held by the Federal a'r Homing Cmmiaiener, an follows: c.. (1) It and p long u ad train of even data And this inetmment are inured W are reinsured under tie provisions of the National Horsing Act, an amount efficient to aremblete in ibe hand- of the Beregdary me month prior to its due date the annual mortgage insurance premium, in order to provide such Beneficiary, with funds to pay mob prmdm to the Federal Homing Cmm!UW" pursuant to the National Housing AA an amended, and applicable Regulations thereunder, or (m) N and an Italy a said Note of even date and this uptrument am held by the Federal Housing Corn, wiscioner. a monthly oemin charge in an mount equal to 342 of of the avenge outstanding Principal balance due an the Note computed for awl noticed" year beginning with the first day Of the month following the date of this instrument, if the Federal Hosing COmmholm" is the Beneficiary need herein, or the first day of the month following aadgemmt. if the Note and this instrument Am assigned W the Fdetd Honing Commissioner, without taking into amount delin- quencies or prepayment. , • ~ ~ 82053934 (b) A amn equal h eke ground rent; H my. timtt due, plus the premiums that will lest become due and payable an ~e policies of fire and other property measure covering the premises covered hereby, plan water rates, tame and aneaewtts mxt due on the premised covered hereby (all as estimated by the Beneficiary) less all sums already paid therefor divided by the number of months to daps, before one month prior to the data when such ground rents, pnera pa, water rates, tam and asserentent will become delinquent, Inch auras to be held by Bemegdary in trost to pay said ground rents, premiums, water rtes, tames, and special assessments. (c) All payments mandened in slow two preeeding absocauna of this Paragraph and all payments te be muds order the Note secured hereby shall be added together and the asgreg.te amount thereof shall be pod each month in a single payment to be applied by Beneficiary, to the following Items in the order set forth: (1) premium charges under the Contract of Insurance with the Federal Housing Commiasimer or service charge; (n) 916=4 rent, tame, special assesmmts, water rates, fie and other property insurinse prmninme; (m) interest a the Note around hereby; (lv) apwrrandon of the principal of sold Note; 10. Any rimes funds accumulated under (b) of the pnedieg paragraph remaining alter payment of the Items therein mentioned, shall be credited to subsequent monthly payments of the same nature required thereunder; but if any such item shall exceed the estimate therefor, or if the Granter shalt fail to pay my other govecnmestal or comidpal 2 cbarg% the Graator shall forthwith make good the defietwy or pay the charge before the come became deWpaent or J subject to interest or penaitim and in default thereof the Beneficiary may Pay the some. All such coma an paid by the Beneficiary and any amore which the Beneficiary may be required to advance to pay mortgage insurance premlams shall be added to the Principal of the debt secured hereby and shall bear intereat from the date of payment at the rate specified In the Note and shall be due and payable on demand. to can of termination of the Contract of Mortgage Insurance by PM Payment of the Deed of Trust in fnB, w otherwie (except as hereinafter provided), arearead lbona under (a) of the pas ceding paragraph hereof not required to meet payments due under the Contract of Mortgage Imrears, shall be credited to the Grantor. If the property is mid under foredosure or is otherwise acquired by the Beneficiary afar default' MY remaining bees Of the accumulations under (b) of the preceding paragraph shall he credited to the principal of the Dead of Treat m of the date of the commencement of foreclosure proceedings or as of the date the property is otherwise acquired; and oceamu)atian, under (a) thereof aholl be likewise credited unless required to pay same due the Federal Housing Comm ssioner ender the Contrast of Mortgage Insurers,; 11. That Granter will pay all end singular the costa, charges, and expenses, including In attorney's fee of rive pen amtum (9%) of the unpaid helmet of the principal and interest of the Note around hereby, rusanably incurred or paid at a" time by the Beneficiary, because of the failure on the part of the Grantor to perform, comply with, and abide by each and every the stipulations, agreements, conditions, and renames of the Nate secured hereby and of this Deed of Trust, " either, and every Such payment shall bear interest from date at the rate specified in the Note, shoal be payable an doused, and tball be fully staured by this Deed of Trust; 12 That Greeter will not commit, permit, w sailer waste, impairment, or deterioration of said property or any part thereof, and in the event of the failure of the Greeter to keep the buildings on said Promises and than to be ended on said premle0. W hnprove Brats thereon, in god repair, the Beneficiary may make such ropain as in its discretian it may deem neemcary for the proper mmarvatior, thereof, and the same so paid shall beer interest from dam at the rate speci. fied in the Note, shall be payable an demand, and wma be fully secured by this Deed of Trust; 19. Grantor covep,nts and agrees that so long U this Dud oI Trust Ind the said Note secured hereby am insured or held by the Federal Housing Commioioner under the provisions of the National Hawing Act, Grantor will act smaute or file for ncord any instrument which imPosw a restriction upon the sale or occupancy of the mortgaged property, on the base of race, color or Creed; I& In the event of say default whereby the right of foreclosure occurs hereunder, the Bcoettdary, or the holderaf said Not, shall a owe become entitled to the Possession, am and enjoyment of the real estate aferessid and to the rent, issues, and profits tharrof, from the accruing of each rights and during the pendency of furecl sure proceedings and the Period of redemption, if any than be, Ind such possession, use, and enjoyment, shall at once be delivered to the Bme ficiary or the holder of said Note an request, and on refusal, the delivery of such possession may be enforced by Bearlicisry or the noteholder by any appropriate civil suit or proceedings: 19. The Greater further mveamt and agrees that in can of a alt. m herainahwe provided, the Grantor or any person in possession under the Grantor, shall then become and be Mania holding over and shall forthwith deliver posser lion to the purchaser at such sale, or be summarily dispossessed in accordance with the provisions of law applicable to human holding over; 18. That it will net voluntarily create or permit to be crated against the property subject to tide Deed vf'tlnM My Han or liens inferior or superior to the lim of this Deed of Trust. and further, that it will keep and maintain the same free from the claim of all parsons supplying labor or materials which will Ater into the construction of any and all buildiclli• mw being accord or to be erected an mid Promises; r 17. That the improvements about lobe made upon the Premises above described Ind all plea and specifications comely,: • = i with all municipal ordinances and regulations made or promdgated by awful authority, and that the ,I, will upon com- pletion comply with all such municipal ordinance -ad regulation. and with the rule of the fire rating or•iapntlon organization, bureau, ssnodatwn, or office having jurisdiction which may, now m may hereafter became applicable' r. 1& That this, Deed of Trust nod the Note second herby wen asserted and delivered to seance moneys ad-mad or to be advanced and to be used in the construction of certain improvement on the lads herein described, in accordance with a building lom agreement between the Greater and Bereneiary dated Aliflust 1 .2982 , which building loan sgreemmtt (except such part or Pert thereof lee may be inconsistent herewith) is incorporated herein by reference to the cam, extent and effect N if fully set forth and made a part of this Deed of Trust, whim mid building loan agreement Greater hereby concerts to perform. and if the construction of the improvements to be made parmant to said building loan agreement shall not be carried on with reasonable diligence, or shall be discontinued at my time for my name other than strikes or lockout, the Beneficiary after duo notice to the Grantor or my subsequent owner, Is hereby inverted with full and complete authority to enter upon the mid Procter, employ watchmen to protect such [m9rovemmt force depredation or injury, Ind to premed and protect the personal Property therein, Ind to continue my and all outeta ding contracts for the erection and completion of mid building or buildings, to nuke and enter into contract and obGgaBmu wherever neeaary, either In it was name or in the name of the Grantor, or other owner, and to pay and discharge all debts, obligations, and liabilities incurred thereby. All each se, so advanced by the Beneficiary (exclusive of advance of the principal of the indebtedness secured hereby) shall be added to the principal of the indebtedness scored hereby and -hall be ..cured by this Deed of Tryst and shall be des and Payable an demand with interest at tau ran speci. fied in the Nate, but an such advances odudl be in.med oulam axe are specifically approved by the Federal Housing Com• maeaner priests the making thereof. The prleapal cum, with intense and othercharge provided fee herein shall, st the option of the Beneficiary on holder of this Deed of Trust and the Nut secured hereby, become due and payable= the fallen at the Grantor, or owner, to keep and perform any of the Moments, condition., Ind agreement of said building ben agre& mot. This covenant shall be terminated upon the completion of the imprevemmt to the satisfaction of the Bmefldary and the making of the final advance so provided in said building loan agreement; 19. If the Grantor shall well and truly perform all the tens and conditions of this Deed of Trot, and of the Non secured hereby, than "conveyance shall be null Ind wad, and shall be released or entiefied at the cast and request of the Grater; ono amine to That in the ermt of ddmlt in making any monthly payment presided for herein or in the Nate seccored hereby, and If such ddaeh Is not made good prior to the due date of the near such Installment, or o. U breach or violation of any of the envenson, or agme mn herein, then, and in that event, the whole of the indebtedness and the interest thereon m the time of sale, may, at once, at the option d the Benefletary or the holder of the indebtedness, be declared due and payable. and this Dad of Treat way be foreclosed and the property said by the Trustee se herein provided and/or as may be provided by law, or may be tmeelosed through the ourta and in my such ease, the Grantor agree to pay a reasonable attorney's fee to the Trustee If foreclowre Is by the Trustee m to be tarts as toga by the Doors if foreclosure is by court Proceedings: St. The beercrable yowar to appoint a substitute trustee or trmaees is hereby expresely granted to the Ipraeddary, its smaeswm and 1211104 to be esmlmd at spay time hereafter without rmtke and without ryrdfyini may town there[m. Each soak appointment shall In made by a written butt ammt and shell be duly, horded me the proper offleaof the county m cmmtiu. In whkb the above deenTW property is situated. Upon, each appommazat, the soeresmr trust" shall be vested with all dt% popes and duties monitored upon any Trudge herein named m meting hemander: . St. That nowaiver of any eovemet herein m of the Note eamnuE hereby shell at any time thereafter be held to be a waiver of the tome hood m at the Not" secured hereby: Tell. Nobs of the merchm of my option. granted herein, or in the Note secured hereby, to the Beaedderyis nor required to be 91v , the Grantor bmeby waiving any such pocks. The ornaments herein contained shall bind, and the bendta and advantages shall inure to, the respective surceamrs and coigns of the parties hereto and shall inure to the suemmna in once of the Trustee. Whenever mud, the singular number shag inelude the pimub, the plural the singular, and the tee of any grader shall be applicable to all graders, In Wrrxem Wumgor, the add party hereto of the dreg part has caueed them presents to he executed in its corporate name by C. G. Monroe Its Imebdenk stlooted by Sue Waring its Seetetsey, and its corporate anal to be hwemn aaaed said makers being ther mm duly authorized, all me of the day, month, and year drat hatinabovs wo. M~GHLAB SOUTH, INC., A Colorado M_=regf Signed. sealed, and delivered in the In "of- By AvElm2l m: er 111 instrument was acknowledged Were me this 2nd day of August and by Sue Waring X eorpoxtion. Grantor. Wrrgms my hand and oaeiel oval. .3982 , by C. G. Monroe , as president, as Cecretary. of HIGHLAND SOUTH, INC., A Colorado Non-Profit [Raul my commission espbres~~r-G -~~L/S.Y-"-rte ~--r`~......1•~"~~?"n " 633 17th Ito`tarp pWifo. Street v Denver, Colorado 80202 The Covenant of the makers to pay principal and Interest Is Included In the Note secured by this Deed of Trust for the purpose of establishing and continuing the existence of the indebtedness. However, It is a condition of said covenant and those contained herein that in the event.of a default under the terms hereof, the Holder shall take no action against the Indebtedness, the property described in this Deed of Trust which secures the Note and any chattels appurtenant to the use thereof,'provided that nothing in this condition and no action so taken shalt operate to impair any obligation of the makers under the Building Loan Agreement or the Regulatory Agreement, or deprive the Holder of any rights It may have by law which are not expressly ova fund. m ~ O O ~z ~ m ~ ~ ~ ^ last I ~ I ,°o j ~ N t• O i o a z z me 4 C4 ff I u fv. May 9, 2005 BYLAWS OF HIGHLAND SOUTH, INC. (Restated March 12, 1990) (Amended May 9, 2005) ARTICLE I General This nonprofit corporation, formed exclusively within the meaning of the Internal Revenue Code, has been formed under the joint sponsorship of WESTMINSTER PRESBYTERIAN CHURCH of Westminster, Colorado and WHEATRIDGE PRESBYTERIAN CHURCH of Wheat Ridge, Colorado for the purpose of to seek, receive, invest and disburse donations and contributions of all types from all sources for use in assisting needy senior citizens in establishing and/or maintaining their residency in approved senior citizen residences or extended care facilities, on a not for profit basis. The membership of the corporation consists of said churches and such membership is represented by Directors designated by such churches in accordance with the provisions in the corporation's Certificate of Incorporation and in these By-Laws. No additional churches may be admitted to membership in the corporation without the unanimous consent of the Board of Directors. ARTICLE II offices The principal office of 6340 West 38th Avenue, Wheat Ridge, Colorado 80033, hereinafter referred to as "THE CORPORATION", shall be located in the City of Wheat Ridge, State of Colorado. The corporation may have such other offices, either within or outside of the State of Colorado as the Board of Directors may designate, or as the business of the corporation may require. The registered office of the corporation shall be as set forth in the Articles of Incorporation, unless changed as provided by the Colorado Nonprofit Corporation Act. ARTICLE III Board of Directors Section 1. Management Management of the business, property and affairs of this corporation shall be controlled by the Board of Directors. In addition to powers granted by the Articles of Incorporation and by these Bylaws, the Board of Directors may exercise all such powers and perform all such lawful acts as are not prohibited by statute or by the Articles of Incorporation or by these Bylaws. Section 2. Number, Tenure and Qualifications. The number of Directors may be eleven (11). Each Director shall hold office for a five-year term except for the eleventh trustee who will hold a one (1) year non-voting term. All terms of the Directors shall expire on April I of the year concerned. Directors shall be members of the church appointing them except for the eleventh trustee who may or may not be a church member. Notwithstanding anything herein to the contrary, May 9, 2005 each Director shall continue to serve until his of her successor is properly appointed and presents appropriate evidence of such appointment to the President Any Director who shall be absent from three (3) consecutive duly called meetings of the Board of Directors, unless properly excused by the President, or Vice-President in the absence of the President, shall be considered, beginning with and including said third meeting, an Inactive Director. All other Directors shall be considered Active Directors. An Inactive Director is automatically restored to the status of Active Director by attendance at a duly called meeting of the Board of Director. Section 3. Resignation or Removal. Directors may resign at any time by tendering a written resignation to the Board of Directors. Such resignation shall take effect at the time specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. In addition to the Sponsoring Organization's power of removal provided for heremabove, Directors may be removed at any time, with or without cause, by the affirmative vote of a majority of the remaining members of the Board of Directors. Section 4. Vacancies in Office. Vacancies on *the Board of Directors shall be filled by designation of the Sponsoring Organization. Persons filling vacancies created shall serve the unexpired term of the vacancy filled. Any Directorship to be filled by reason of an increase in the number of directors shall be filled by designation of the Sponsoring Organization. Section 5. Regular Meetings. The regular annual meeting of the Board of Directors shall be held without notice other than this By-law on the second Monday in April of each year. Regular monthly meetings of the Board of Directors shall be held without notice other than this Bylaw on the second Monday of every month of the year. The place of the meetings shall alternate between Highland West Senior Citizens Apartments, 6340 West 38th Avenue, Wheat Ridge, Colorado; and Highland South Apartments, 6360 West 38th Avenue, Wheat Ridge, Colorado, except as the same may be changed by resolution of the Board. Section 6. Special Meetings. Special Meetings of the Board of Directors, as may be held by or at the request of the President or any two Active Directors, shall be held at any place as shall be fixed by the person or persons authorized to call said Special Meetings. Section 7. Notice. Notice of any special meetings shall be given at least three days previously thereto by oral notification or by written notice delivered personally or mailed to each director at his business address, at least two days previously. If mailed,ssuch notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. Any director may waive notice of any meeting. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. Section 8. Quorum. A majority of the then Active Directors shall constitute a quorum for the transaction of business at any meeting of the Board, with the exception that at least two Active Directors from each sponsored church must attend, excluding the eleventh trustee if serving; but if less than a majority of the then Active Directors are present at said meeting, a majority of the then Active Directors present may adjourn the meeting from time to time without further notice. May 9, 2005 Section 9. Manner of Acting. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless the act of a greater number is required by law or by these Bylaws. Section 10. Committees. The Board of Directors may by resolution adopted by a majority of the directors in office create or dissolve such standing, special and advisory committees as is deemed necessary. Section 11. Informal Action of Directors. Nothing contained in this Article shall prohibit the directors from acting in any other manner provided by the Statutes of the State of Colorado then in effect, including actions without a meeting by the written consent of the directors. ARTICLE IV Officers Section 1. General. The officers of the corporation shall be a President, one or more Vice Presidents, (the number thereof to be determined by the Board of Directors), a Secretary, a Treasurer and such other officers as may be elected in accordance with the provisions of this Article. The President, Vice President Secretary, and Treasurer must be directors of the corporation and a member of either church. Any two officers, except those of President and Secretary, may be held by the same person at the same time. The Board of Directors may appoint such Assistant Secretaries and Assistant Treasurers and other officers, as it shall deem advisable, who may, but need not be members of the Board of Directors. Section 2. Election and Term of Office. The officers shall be elected by the Board of Directors at its annual meeting and shall hold office for one year and until their successors have been duly designated and qualified. Section 3. Duties and Authority. The officers of the corporation shall have such authority and duties as from time to time may be determined by the Board of Directors, including but not limited to the following. A. The President shall, subject to the direction and supervision of the Board of Directors, be the Chief Executive Officer of the corporation and shall have general and active control of its affairs and business and general supervision of its officers, agents and employees. B. The Vice-President of the corporation shall exercise all of the functions of the President in the event of the latter's death, resignation, removal, absence, or inability to act. C. The Secretary shall keep the minutes of the proceedings of the Board of Directors, see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law, be custodian of the corporation records and of the seal of the corporation and affix the seal to all documents when authorized by the Board of Directors, and shall perform such other functions as are performed by a corporate secretary. At the Board of Directors discretion, under direct supervision of the Secretary, one or more of the noted responsibilities may be allocated to the managing agent. May 9, 2005 D. The Treasurer of the corporation shall be the principal financial officer of the corporation and shall have the care and custody of all funds, securities, evidences of indebtedness and other personal property of the corporation and shall deposit the same in accordance with the instructions of the Board of Directors. The treassurer shall receive and give receipts and acquittances for monies paid in on account of the corporation, and shall pay out of the funds on hand, all bills, payrolls, and other just debts of the corporation of whatever nature upon maturity. The treasurer shall perform all other duties incident to the office of the treasurer and upon request of the board, shall make such reports to it as may be required at any time and shall, if required by the board, give the corporation a bond in such sums and with such securities as shall be satisfactory to the board, conditioned upon the faithful performance of duties and for the restoration of the corporation of all books, vouchers, papers, money and other property of whatever kind in possession or under control belonging to the corporation and shall have such powers and perform such other dudes as may be from time to time prescribed by the Board of Directors or the President At the Board of Directors discretion, under direct supervision of the Treasurer, one or more of the noted responsibilities may be allocated to the managing agent, with the single exception of chairing the audit committee. E. Assistant Secretaries and Assistant Treasurers, if any, shall have the power and duties as are assigned to them by the Board of Directors or by the Secretary/Treasurer, and shall be subject to the supervision of said Secretary/Treasurer. Section 4. Vacancies. Vacancies in the office of President, Vice-President or Secretary/Treasurer occurring during the corporate year shall be filled by the Board of Directors. Section 5. Absence. In the event of absence of inability of any officer to act, the Board of Directors may delegate the powers or duties of such officer to any other officer, director, or person whom it may select Section G. Removal. Any officer may be removed at any time by the Board of Directors. ARTICLE V Committees Section 1. Committees of Directors. The Board of Directors may, by action of a majority of the then Active Directors, designate or appoint one or more committees, each of which shall consist of three (3) or more Directors, which committees, to the extent provided in the resolution appointing the same. Non-director committee members may be appointed by action of a majority of the then Active Directors and assigned such rights, duties and responsibilities as may be provided in the resolution appointing them. Section 2. Other Committees. Other committees may be appointed by a majority of the then Active Directors to act solely in an advisory capacity to the Board and may contain persons who are not members of the Board of Directors. Section 3. Term of Office. All committee appointments shall tem-inate at the next annual meeting of the Board of Directors, unless sooner terminated by action of the Board of Directors. Section 4. Chairman. One member of each committee shall be appointed chairman by the May 9, 2005 President of the Corporation. Section 5. Vacancies. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Section 6. Quorum. Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quonun and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. Section 7. Rules. Each committee may adopt rules for its own government not inconsistent with these By-Laws or with rules adopted by the Board of Directors. ARTICLE VI Contracts, Checks, Deposits and Funds Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Section 2. Checks, Drafts, etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice President of the corporation. Section 3. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board of Directors may elect. Section 4. Gifts. The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or device for the general purposes or for any special purpose of the corporation. ARTICLE VII Books and Records The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of the Board of Directors and committees having any of the authority of the Board Directors. All books and records of the corporation may be inspected by the governing board of the sponsoring churches, whether such governing board is the Board of Sessions or the Board of Directors or its agent or attorney for any proper purpose at any reasonable time. Copies of the minutes shall be mailed to the Directors within ten (10) days after each May 9, 2005 meeting. The records of account shall be audited annually by a certified public accountant. ARTICLE VIII Fiscal Year The fiscal year of the corporation shall begin on the first day of October and end on the last day of September in each year. ARTICLE IX Seal The Board of Directors shall provide a corporate seal, which shall be in the form of a circle and shall have inscribed thereon the name of the corporation and the word "Seal" in the middle, and the word "Colorado" on the circumference. ARTICLE X Waiver of Notice Whenever any notice is required to be given under the provisions of the Articles of Incorporation or the By-Laws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XI Amendments to By-Laws These By-Laws may be altered, amended or repealed and new By-Laws may be adopted by a majority of the Active Directors present at any regular tYieeting or at any special meeting, if at least three days' written notice or oral notice is given of intention to alter, amend or repeal or to adopt new By-laws at such meeting. ARTICLE XII Conveyance of Real Estate Real property owned by the corporation shall be conveyed or encumbered only upon the affirmative vote of two-thuds of the then Active Directors at any regular or at any special meeting if at least three days' written notice is given of the business to be transacted at such meeting. The President and the Secretary of the corporation shall be the persons authorized to execute instruments of conveyance or encumbrances or real property held by the corporation, upon authority from the Board of Directors. 10 May 9, 2005 ARTICLE XIII Miscellaneous Section 1. Dissolution of the Corporation. Upon the dissolution of the corporation, with a unanimous vote of the Board of Directors, the Directors shall, after paying or making provisions for the payment of all liabilities of the corporation, convert all assets to cash or cash equivalents and will donate all said excess cash equally to the WESTMINSTER PRESBYTERIAN CHURCH of Westminster, Colorado and WHEATRIDGE PRESBYTERIAN CHURCH of Wheat Ridge, Colorado. This dissolution of the corporation is intended to exclusively comply with the Internal Revenue Code, or the corresponding section of any future federal tax code. Section 2. Indemnification of Officers or Directors. Each Director and Officer of this corporation, and each person who shall serve at its request as a Director or Officer of another corporation in which this corporation owns shares of capital stock or of which it is a creditor, whether or not then m office, and his personal representatives, shall be indemnified by the corporation against all costs and expenses actually and necessarily incurred by him in connection with the defense of any action, suit or proceeding in which he may be involved or to which he may be made a party by reason of his being or having been such Director or Officer, except in relation to matters as to which he shall be finally adjudged in such action, suit or proceedings to be liable for negligence or misconduct in the performance of duty. Such costs and expenses shall include amounts reasonably paid in settlement for the purpose of curtailing the costs of litigation, but only if the corporation is advised in writing by its counsel that in his opinion the person indemnified did not commit such negligence, or misconduct. The foregoing right of indemnification shall not be exclusive of other rights to which he may be entitled as a matter of law or by agreement. 11 city of W city of e LAND USE APPLICATION FORM COMMUNIT' DEVEI,OPAIF.NT Case No. 100 Date Received 2/19/2010: Related Cases , Case Planner Showalter Case Description Administrative Admendment to existing PRO slpp/ieairf 1nk=a/mn Name Lisa Brown., _i, Name F-Phone (303)42-09401 Address 8340 W_98th Ave, Sle 1j city Wheat Ridge _ Slate CO , zip 8003& 9tl94@/////e/war" Name ]Highland South, Inc. Name I Phone (303)424-9401 Address 6340W.38lh Ave., Ste 1i City Wheat Ridge _ State CO Zip 80033.__. L'orrfacf /n/umratiar~ Name Lisa Brown, Name F Phone (303)424-9401 ~ Address 8340 W_381h Ave,Ste.1j City Wheat Ridge_ _ ~ State CO -Zip 80033 Aa/ecf/n/oas➢af" Address 8340 1 Street West 38th Avenue City Wheat Ridge_ State CO zip P0033 Location Description Project Name. Highland South ParcelNo39 252 03 001 Qtr Section: NW25 Disllct No l Pre-App Date .1/14/2010r Neighborhood Meeting. Date App No:'. APP7003 7 Review Type tr -t Review Body Review Dete D,tsposdian oy > , dCommen)s ' 4';` Ffep~C'1~ 3 1-- 177 7- r 7 - ; .J Case Disposition Disposition Date Conditions of Approval Notes Res# i l Ord q-~ Status open CITY OF WHEAT RIDGE 82/19/16 3:35 PM edbb HIGHLAND SOUTH INC RECEIPT NO:CDB803970 AMOUNT FMGD ZONING APPLICATION F 558.80 ZONE PAYMENT RECEIVED AMOUNT CK 4861 550.00 TOTAL 558.88 City of Wheat id ge RCOMMUNiTy,DEVELOPMENT T Wheat Ridge Community Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: January 14, 2010 Applicant(s): Terry Rudolph, ASLA " Alternative Land Design 2935 Federal Blvd Denver, CO 80211 terrvaa,alternativelanddesien.com Lisa Brown United Presbyterian Association Highland West and Highland South Apartments 6340 w 38TH Ave, Suite 100 Wheat Ridge, CO 80033 LMBHighlands@comcase.net Attending Staff: Sarah Showalter- Planner II Adam Tietz - Planner Mark Ruote - Project Coordinator, Parks and Rec Site Location: 6340 W 38`h Avenue Wheat Ridge, CO 80033 Existing Zoning: PRD Existing Comprehensive Plan: Neighborhood Existing Site Conditions: The property is open space within the Planned Residential Development (PRD) for the Highland South apartments. The site currently contains landscaping, including a significant amount of bluegrass, as well as concrete walks through the park area. The site is bordered by 350' Ave to the south, with parking for the Highland development to the north. Directly to the west of the site is the Senior Community Center. To the immediate east is a single - family home, and to the northeast is the City-owned Park, Founders Parkway., The area is residentially zoned and contains many single family homes. 1 Applicant/Owner Preliminary Proposal: The applicant is proposing to update the landscaping, which is about 25 years old. The new landscaping will include new trees, an approximately 30% reduction in blue grass, as well.as some berms and planting to help create a buffer on the south end of the park, where it borders 35'x' Avenue. The project also includes upgrading the walks through the park and adding work-out stations, which have been supported through grant money from LiveWell Wheat Ridge. The improvements are intended to make the park more of a community asset. The applicant is working closely with the Senior Community Center to ensure that t-their customers enjoy use of the park as much as possible. The proposed improvements also include replacing the irrigation system, which is also about 25 years old. The plans for now do not include new back flow preventers for the system. Will a neighborhood meeting need to be held prior to application submittal? No, a neighborhood meeting is not,required for an Administrative FDP Amendment. Planning comments: The property is located Highlands_South PRD. The PRD was formed through an Outline Development Plan (ODP) and Final Development Plan (FDP). The new landscape plan will need to be added to the FDP through an administrative FDP Amendment. Because there is some confusion about the exact property line location, especially as it separates .the Highlands Park from the City-owned Park directly adjacent to the property, the FDP Amendment.should include a survey. The survey process should include placing pins in the field so that Parks staff, as well as the applicant, will be aware of the location of property lines. As long as no back flow preventer is part of the irrigation system replacement, no building permit will be required. Process The FDP Amendment will be approved administratively. The applicant may submit an application to planning, at which point the application will go out on review to other City Departments and outside reviewing agencies, 'if necessary. After a 10-15 day period, any comments on the application will be collected and forwarded to the applicant Once all comments have been addressed by the applicant, a final submittal may be made. Once approved, the FDP Amendment must be photographically reproduced on mylar film in a plat format with all the required signatures so that it maybe recorded.with the Jefferson County Clerk and Recorder. When the applicant is ready to the application he should make an appointment with a planner in the Community Development Department. Incomplete applications will not be accepted. . Architectural and Site Design Manual (ASDM) The ASDM do not apply since no new structures are proposed. Parks comments: Parks was present at the meeting to make sure that there is coordination between the City and the applicant so that the irrigation systems for the two parks do not conflict. Parks also requests that survey pins be placed at the site to clarify property lines. Public Works comments: Public Works was not present at the meeting and has no comments at this time. Attachments: Pre-application transmittal sheet Phone Numbers Meredith Reckert - Senior Planner 303-235-2848 Adam Tietz - Planner I 303-235-2845 Sarah Showalter - Planner II 303-235-2849 Mark Route - Project Coordinator, Parks 303-205-7553