HomeMy WebLinkAboutMS-09-02s
City of
Wheat~idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
October 2, 2009
Thomas R. Ripp
4315 Wadsworth Blvd.
Wheat Ridge, CO 80033
Dear Mr. Ripp:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
At its meeting of September 28, 2009, City Council APPROVED Case No. MS-09-02, a request
for approval of a two-lot minor subdivision plat with dedication for public right-of-way for
property located at 3885 Upham Street for the following reasons:
1. All development standards of the R-C Zone District have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order to meet
the standard for a local street width.
5. The east side of Upham Street has been dedicated as Public right-of-way up to the property
being subdivided.
Enclosed is a copy of the signed resolution and a draft copy of the minutes stating Council's
decision. Please submit a blackline photographic mylar of the subdivision plat for recording with
Jefferson County. Enclosed are Jefferson County's recordation requirements. The fees for
recording with Jefferson County are $11 per page. Please submit payment along with the mylars
to the City of Wheat Ridge Community Development Department.
Please feel free to contact me at 303-235-2846 if you have any questions.
Sincerely,
ea
Kathy Field
Administrative Assistant
Enclosures: Copy of Resolution
Draft of Minutes
cc: 3885 Upham Properties, LLC
2932 Fenton St.
Wheat Ridge, CO 80214
MS-09-02 (case file)
MS0902.doc
www.ci.wheatridge. co.us
CITY OF WHEAT RIDGE, COLORADO
(COPY
RESOLUTION NO. 49
Series of 2009
TITLE: A RESOLUTION APPROVING A TWO-LOT MINOR
SUBDIVISION PLAT WITH DEDICATION FOR PUBLIC
RIGHT-OF-WAY FOR PROPERTY LOCATED AT 3885
UPHAM STREET (CASE NO. MS-09-02)
WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes
the procedures for the City's review and approval of requests to subdivide land; and,
WHEREAS, an application has been received from Thomas Ripp for approval of
a two-lot minor subdivision with dedication known as E. S. Allen Subdivision; and
WHEREAS, the proposed subdivision has been referred out to all necessary
internal and external referral agencies; and
WHEREAS, the subdivision plat was reviewed and recommended for approval
by the Planning Commission at a public hearing on September 3, 3009; and
WHEREAS, notice of the City Council public hearing was properly published in
the Wheat Ridge Transcript on September 10, 2009; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
THE SUBDIVISION PLAT KNOWN AS E. S. ALLEN SUBDIVISION IS HEREBY
APPROVED, FOR THE FOLLOWING REASONS:
1. All development standards of the R-C zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge
in order to meet the standard for a local street width.
5. The east side of Upham Street has been dedicated as public right-of-way
up to the property being subdivided.
DONE AND RESOLVED THIS 2E
ATTES
Michael D. Snow, City Clerk
CITY COUNCIL MINUTES: September 28, 2009 Page -5-
ORDINANCES ON FIRST READING
5. Council Bill 27-2009 - An Ordinance amending Ordinance 1446-2009, concerning
a Time-Limited Rebate of a portion of the City's Building Permit and Inspection
Fees for the repair of damage caused by the July 20, 2009 Storm.
Council Bill 27-2009 was introduced on first reading by Mr. Stites.
Motion by Mr. Stites to approve Council Bill 27-2009 on first reading, order it published,
public hearing set for Monday, October 12, 2009 at 7:00 p.m. in the City Council
Chambers, and that it take effect 15 days after final publication; seconded by Mr.
Womble and Mrs. Sang; carried 5-2 with Councilmembers Adams and Rotola voting no.
DECISIONS, RESOLUTIONS. AND MOTIONS
6. Acceptance of the 2008 Comprehensive Annual Financial Report (CAFR)
Item 6 was introduced by Mrs. Langworthy, who read the executive summary.
Wendy Swanhorst from the CPA firm of Swanhorst & Company, LLC was present
and explained their audit and recommendations.
Motion by Mrs. Langworthy to accept the 2008 Comprehensive Annual Financial Report
from Swanhorst & Company, LLC; seconded by Mr. Stites and Mr. Gokey;
carried 7-0.
7. Resolution 49-2009 - approving a two-lot Minor Subdivision Plat with dedication
1 for Public Right-of-way for property located at 3885 Upham Street.
~P (Case No. MS-09-02)
Resolution 49-2009 was introduced by Mrs. Sang, who read the executive summary.
Motion by Mrs. Sang to approve Resolution 49-2009 for the following reasons:
1. All development standards of the R-C Zone District have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order
to meet the standard for a local street width.
5. The east side of Upham Street has been dedicated as Public right-of-way up to
the property being subdivided;
Seconded by Mr. Womble.
Thomas Ripp, Attorney, representing the applicant, was present and answered
questions.
Motion carried 7-0.
City of
"r " , Wheat Ridge
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: Sertember, 28 2009 4P
TITLE: RESOLUTION NO. 49-2009 - A RESOLUTION REQUESTING
APPROVAL OF CASE NO. MS-09-02, A TWO-LOT MINOR
SUBDIVSION, WITH DEDICATION FOR PUBLIC RIGHT OF
WAY - E.S. ALLEN SUBDIVISION
❑ PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
® RESOLUTIONS
❑ NO
CA'
City Man er
EXECUTIVE SUMMARY:
The applicant is requesting approval of a two-lot minor subdivision with dedication of right-of-way
in order to allow for future development of the southern portion of the property. The property is
located on the west side of Upham Street, approximately 300 feet north of 38°i Avenue. The
property is zoned R-C, Restricted Commercial. The intent of the subdivision is to establish the
existing office building and associated parking on one lot and create a new developable lot on the
southern portion of the property. The new lot to be created (Lot 1) will be 36,491.9 square feet and
will remain undeveloped at this time. Lot 2 will be 64,014.4 square feet in size and no changes are
proposed to the existing improvements. The new lot line will follow the southern side of the parking
lot improvements from the western property line to the eastern property line. Both lots are
adequately sized and have access to public streets and utilities.
Council Action Item
September 28, 2009
Page 2
COMMISSION/BOARD RECOMMENDATION:
This application proposes the creation of a new lot along with the dedication of right-of-way for
Upham St. Any subdivision that requires dedication of right-of-way requires a public hearing before
and a recommendation from the Planning Commission. A public hearing on this subdivision was
heard before the Planning Commission on Thursday, September 3, 2009. Planning Commission
recommended approval of the attached subdivision with dedication of right-of-way with the
condition that it be verified that the east side of Upham St. has been dedicated as right-of-way from
W. 38s' Ave up to the property being subdivided. There were no persons in attendance to give
testimony regarding the proposed modifications
STATEMENT OF THE ISSUES:
The property in question is zoned R-C, Restricted Commercial and is partially developed with an
office building on the north side of the property, which is proposed "Lot 2". With approval of this
subdivision plat, the southern portion of the property, proposed "Lot V will be made available for
separate commercial development under separate ownership. The proposed new lot is adequately
sized and has ready access to the public street system and other necessary utilities.
A drive, used to access "Lot 2" currently exists across "Lot 1". This drive also provides access to the
property to the south of "Lot 1" by an unimproved surface. A cross-access easement is being
established so that the two accesses can continue to be maintained and used across "Lot 1". Upon
the sale of "Lot V to a third party or upon the development of it, the cross-access easement will
terminate. Upon the termination of the cross-access easement "Lot 2" and the lot to the south of
"Lot 1" will still have access to Upham St through separate drive accesses to the street maintained on
those properties.
The west side of Upham Street along the property being subdivided has never been formally
dedicated to the City for public use even though it exists and has been maintained by the City since
the road was constructed. This condition exists in numerous locations along Upham St. in between
W. 44th Ave and W. 38th Ave. This dedication will formalize that the existing right-of-way belongs
to the City.
ALTERNATIVES CONSIDERED:
No other alternatives were considered.
FINANCIAL IMPACT:
Once the new lot is developed; the value of the property will increase and will be taxed at a higher
rate. This will subsequently provide additional revenue produced by property taxes. However, the
financial impact will be minimal for the development of one property.
"I move to approve Resolution No. 49-2009, a resolution approving Case No. MS-09-02, a request
for approval of a minor two-lot subdivision plat for property at 3885 Upham Street for the following
reasons:
1. All development standards of the R-C zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
Council Action Item
September 28, 2009
Page 3
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order to meet
the standard for a local street width.
5. The east side of Upham Street has been dedicated as Public right-of-way up to the property
being subdivided.
Or,
"I move to deny Resolution No. 49-2009 Case No. MS-09-02, a request for approval of a two-lot
subdivision plat for property located at 3885 Upham Street for the following reason(s) "
ATTACHMENTS:
1. Resolution No. 49-2009
2. MS-09-02 Planning Commission Staff Report and Subdivision Plat
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 49
Series of 2009
TITLE: A RESOLUTION APPROVING A TWO-LOT MINOR
SUBDIVISION PLAT WITH DEDICATION FOR PUBLIC
RIGHT-OF-WAY FOR PROPERTY LOCATED AT 3885
UPHAM STREET (CASE NO. MS-09-02)
WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes
the procedures for the City's review and approval of requests to subdivide land; and,
WHEREAS, an application has been received from Thomas Ripp for approval of
a two-lot minor subdivision with dedication known as E. S. Allen Subdivision; and
WHEREAS, the proposed subdivision has been referred out to all necessary
internal and external referral agencies; and
WHEREAS, the subdivision plat was reviewed and recommended for approval
by the Planning Commission at a public hearing on September 3, 3009; and
WHEREAS, notice of the City Council public hearing was properly published in
the Wheat Ridge Transcript on September 10, 2009; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
THE SUBDIVISION PLAT KNOWN AS E. S. ALLEN SUBDIVISION IS HEREBY
APPROVED, FOR THE FOLLOWING REASONS:
1. All development standards of the R-C zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge
in order to meet the standard for a local street width.
5. The east side of Upham Street has been dedicated as public right-of-way
up to the property being subdivided.
DONE AND RESOLVED THIS 28th day of September 2009
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
A TT A CUX41PNT 1
®e
City of
Wh6atRiLqge
]Rr
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: September 3, 2009
CASE MANAGER: Adam Tietz, Planner
CASE NO. & NAME: MS-09-02/Allen
ACTION REQUESTED:
Approval of a two lot minor subdivision with dedication of right-
of-way
LOCATION OF REQUEST:
3885 Upham Street
APPLICANT:
Thomas R. Ripp (owner's representative)
OWNER (S):
3885 Upham Properties, LLC
APPROXIMATE AREA:
100,506 square feet (2.31 acres)
PRESENT ZONING:
R-C, Restricted Commercial
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS
(X) DIGITAL PRESENTATION
Lo(
Site
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x
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Plan
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All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
1. REQUEST
The applicant is requesting approval of a two lot minor subdivision with dedication of right-of-
way. The applicant would like to subdivide the property at 3885 Upham Street into two lots in
order to allow for future development of the southern portion of the property. The new lot to be
created (Lot 1) will be 36,491.9 square feet and will remain undeveloped at this time. (Exhibits
land 2, Site Photos) Lot 2 will be 64,014.4 square feet in size and will remain "as is" with the
office building, parking area, and other improvements in place.(Exhibits 3 and 4; Site Photos)
The new lot line will follow the southern side of the parking lot improvements from the western
property line to the eastern property line.(Exhibits 5; $"v" is on Plat)
The proper permission has been given to the applicant by the owner to represent him in the
subdivision process.
II. EXISTING CONDITIONS
The property on which the action is being requested is located at 3885 Upham Street and is
zoned Restricted Commercial (R-C). The R-C zone district was established to accommodate
various types of office uses performing administrative, professional and personal services, and to
provide for a limited range of retail uses which are neighborhood oriented. General retail uses
that serve the community or region, wholesaling, warehousing, industrial, and uses which require
outside storage are prohibited.
The property is a large, square lot, approximately is 2.31 acres in size, which has a multi-story
office building with a footprint of approximately 23,300 square feet located on the northern one-
third of the lot. There is also a large parking area with approximately 112 parking spaces that
serve as parking for the office building. The southern portion of the property is undeveloped
except for a drive access off of Upham Street that provides access to the parking area. This drive
access also provides an unimproved, substandard access to the property to the south Ohi*
Aerial Photo)
The property is located just north of W. 38"' Ave. As a result, the majority of surrounding uses
are generally commercial as W. 38th is a major commercial corridor through the City of Wheat
Ridge. The Wheat Ridge Market Place shopping center, which includes Safeway and other
general retail, is located directly to the west of this property. Multi-family housing is located to
the north of the site and to the east is Wheat Ridge Middle School and the Wheat Ridge Fire
Protection District Station. To the south are more neighborhood oriented commercial business
and services.
III. CASE ANALYSIS
Whoever divides, or participates in the division of a lot, tract, or parcel of land into 2 or more
lots must comply with the regulations in the City Code Section 26-401. No final plat of a
subdivision can be approved and accepted by staff, the planning commission or the city council
Planning Commission
MS-09-02/Allen
unless it conforms to the provisions of these regulations. The regulations are regarded as
minimum requirements for the protection of the public health, safety and welfare. The R-C zone
district development standards were used to examine the conformance of the newly created lots.
Lot I (southern lot)
The newly created lot is required to meet all development standards of the R-C zone district.
There are minimal development standards for undeveloped commercial lots in the City of Wheat
Ridge. There is no size requirement for lot area or minimum lot width. Other items such as lot
coverage, building setbacks, and landscaping requirements are not reviewed until an application
for a building permit has been received. When a building is constructed, it will be required to
meet these development standards.
Lot 1 will be 36,491.9 square feet (.84 acres) in size with a width 120 feet and a length of 329.12
feet. The drive aisle on Lot 1 that provides access to the property to the south and to Lot 2 will
be maintained across Lot 1 until the property is sold or developed as indicated by "note no. 9" in
the General Notes of the subdivision plat.
Lot 2 (northern lot)
There is an existing, multi story office building with parking lot located on the proposed Lot 2
that will remain. As a result of the subdivision, Lot 2 will be reduced in size to 64,014.4 square
feet or 1.47 acres. Since there are no minimum standards for lot width, length, or lot area, the lot
will remain in conformance and a substandard lot is not being established.
The subdivision plat will create a new side yard property line on the southern side of the lot. The
existing structure that is on the lot must meet minimum side yard setbacks from the new property
fine. Structures in the R-C zone district must have a minimum side yard setback of at least 5 feet
per story unless the building constructed of masonry or other non-flammable material in which
case the structure can be constructed up to the property line. The existing building is constructed
of a non-combustible material and may have a "zero setback". However, the building will still
be over 115 feet from the newly created lot line.
The front, rear and side (northern) yard property lines are not required to be examined since the
improvements on the property are already in place and there are not any new front, rear or side
(northern) yard property lines being established.
Landscaping
Landscaping must remain in compliance with requirements after a subdivision of land occurs.
The minimum landscaping coverage standard requires 20% of the lot be covered with
landscaping. The current regulations for landscaping standards were adopted in 2001. Prior to
the current regulations, only 10% of the lot was required to be covered with landscaping. If a
property was developed prior to the existing code the property is only required maintain at least
10% landscape coverage.
Lot 2 was developed prior to the current regulations being adopted and only is required to
maintain 10% landscape coverage. With a lot size of 64,014 square feet, 6,401 square feet must
be maintained in landscaped areas. The landscaped area on Lot 2 will exceed the minimum
landscape coverage requirement by approximately 2,000 square feet.
Planning Commission 3
MS-09-02/Allen
Lot 1 will be required to meet the 20% minimum landscape coverage once the property is
developed. A landscape plan will be required to be submitted with any construction documents
when building permits are applied for to ensure that the minimum coverage is maintained.
Right-of-Way Dedication
When there is a subdivision of land, dedication of right-of-way is typically required if the street
does not meet City standards. The most common right-of-way dedication requires the dedication
for the installation of curb, gutter and sidewalk. Dedications can also be required in order for the
streets to be widened or to be able construct streets that haven't been built that are necessary to
support the proposed subdivision.
The subdivision does have frontage along Upham Street on the east side, which has full
improvements in place.( Exhibit land 8, Site Photos) Although the road along with curb, gutter
and sidewalk has been constructed and is maintained by the City, the section of road along the
frontage of 3885 Upham Street has never been formally dedicated to the City for public use. As
a result, 25 feet of right-of-way will be dedicated to the city with this plat. The dedication is
from the center line of the road to the west, for the full length of the property. The road east of
the center line has been dedicated therefore the subdivision will be connecting to existing public
right-of-way.
Since curb, gutter and sidewalk are all present along Upham St. a Subdivision Improvement
Agreement (SIA) will not be required with the recording of this subdivision.
Utility Easements
Easements for utilities were established around the perimeter of each lot as required by the Code
of Laws. The easements meet the minimum standards set in the Code which requires 10 foot
easements for all front and rear property lines and 5 foot easements for all side property lines.
IV. AGENCY REFERAL
All affected service and utilities were contacted regarding their ability to serve the property with
respect to this application. The applicant will bear the cost of upgrading any service to the
property. The following comments were received by the affected agencies:
Public Works: Public Works had minor comments pertaining to the form and content of the
subdivision plat. All items have been addressed to the satisfaction of the Public Works
Department.
Xcel Energy: Xcel has no conflict with the subdivision.
Wheat Ridge Sanitation District: The subdivision is within the service area for the district and
is served by an 8 inch sanitary sewer main in Upham Street. The sanitation district will be able
to serve the subdivided property but further review will be required by the district once
construction documents have been received.
Wheat Ridge Urban Renewal Authority: The Wheat Ridge Urban Renewal Authority has no
objections or comments regarding the subdivision request.
Planning Commission
MS-09-02/Allen
Other: All other referral agencies did not to respond to the request for comments which
indicates that they have no comment. Typical utility easements are being established around the
perimeter of each lot and are shown on the subdivision plat.
V. STAFF CONCLUSION & PROPOSED MOTIONS
Because this is a two-lot minor subdivision with right-of-way dedication required, Planning
Commission will review the plat and make a recommendation to the City Council. City Council
is the final decision making authority.
Staff has concluded based on the R-C zone district development standards, all the requirements
in an R-C zone district have been met. Because the requirements for a minor subdivision with
dedications have been met, a recommendation of APPROVAL is given for Case No. MS-09-02.
VI. PROPOSED MOTIONS:
Option A: "I move to APPROVE of Case No. MS-09-02, a request for approval of a minor
two-lot subdivision plat for property at 3885 Upham Street for the following reasons:
1 All development standards of the R-C zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in
order to meet the standard for a local street width.
5. The east side of Upham Street has been dedicated as Public right-of-way up to
the property being subdivided.
Option B: "I move to DENY Case No. MS-09-02, a request for approval of a two lot
subdivision plat for property located at 3885 Upham Street for the following reasons:
Planning Commission 5
MS-09-02/Allen
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AS STATED HEF~EON FOUND PIN/CAP PARCEL D. ,¢~39-2,34-00-074 • ~
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OWNERS CERT/F/CA TE CO-~ T FOUND CUT CROSS
7.00' OFFSET F•y
I, 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE
OWNER OF REAL PROPERTY DESCRIBED AS FOI~OWS: IQ . a'no NORTHWEST CORNER OF ED1MN S. ALLEN ~ NW1 /4 SE1 /4 SW1 /4 SE1 /4, 3915 UPHAM ST. EAST 25 FEET OF SUBJECT j~~,
I PROPERTY FOR PUBLIC
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER a ( RIGHT OF WAY IS HEREBY W
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE E~9 WEST, N I DEDICATED BY THIS PLAT
TOGETHER WITH ANY AND ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED i ~ SECTION 23 PARCEL /.O. X39-2.34-00-08.3 ZONING R3
IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, A~"D TOGETHER PART OF SE f/4 OF SEC. 23 ~ CENTERLINE OF
WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928 a ( 20' PRIVATE ROADWAY
IN BOOK 306, AT PAGE 460. i A TT~I'1 . NORTH LINE NW1/4 SE1/4 ~ I N EASEMENT B) 270 P) 543
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COUNTY OF JEFFERSON, STATE OF COLORADO. ~ ~~SW1 /4 SE1 /4, SECTION 23 U I~
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BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: N ~
BEGINNING AT THE SOUTH WEST CORNER OF THE NW1 /4 SE1 /4 SW1 /4 SE1 /4 OF SECTION 23, ~ I M F- _ ~ M W o
TOWNSHIP 3 SOUTH, RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNER OF THE SE1/4 wl ~ ~
BEARS S63'00'47"W, A DISTANCE OF 737.55 FEET;
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THENCE N89'38'48"E ALONG THE SOUTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANCE
OF 329.12 FEET, TO THE SOUTHEAST CORNER OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4; ~ I Q O O T
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THENCE N00'13'03"W AND ALONG THE EAST LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTA nc zZn ~7 CCCT Tf1 TuC ninpru~ecT rnanicQ f1C cein ~IW1 /d C~1 /d CW1 /d C~1 /d~ Is_
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STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID WHEATR s.►~irc w ~ ~
THENCE S89'39~11"W ALONG THE NORTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANCE ~ ~
OF 329.03 FEET, TO THE NORTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4; (:1 .
THENCE S00'12~07'~E ALONG THE WEST LINE OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4, A DISTANCE
OF 330.55 FEET, TO THE SOUTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4, THE
k POINT OF BEGINNING,
CONTAINING 108,769 SQUARE FEET OR 2.4970 ACRES r
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HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A c
SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND 8Y THESE
PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE J {
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE r .i rt
TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY ~j
FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR ANQ J
REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE s~ THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND 3830 W NCE PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS PARCEL i
AND ELECTRIC LINES, GAS LINES, WATER ANO SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL ZON/NG INDICATED AS "CROSS ACCESS/INGRESS-EGRESS EASEMENTS", AS ILLUSTRATED v
APPURTENANCES THERETO. UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE
OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OVVf1E1~S, AND SHALL
FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT TO THOSE ENTERING '-~T E
SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT ~~~thT 1 ~_z-
PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. THE "CROSS ACCESS/ r~R INGRESS-EGRESS EASEMENTS" SHALL TERMINATE AND FOREVER EXTINGUISH UPON POINT ~.f
OWNER: 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY BY THOMAS R. RIPP, AS POWER OF ATTORNEY
ANY OF THE FOLLOWING EVENTS: GRANTEE OF LOT 1, GRANTEE'S HEIRS, FOUND a t
STATE OF COLORADO ~ SUCCESSORS AND ASSIGNS, SELLING OF LOT 1 TO A THIRD PARTY OR p~N A DEVELOPING LOT 1 BY CONSTRUCTION OF ANY IMPROVEMENTS TO WHATEVER MARKE EXTENT, WHETHER UPON, BELOW OR ABOVE, LOT 1. THE "GRANTEE" IS THE SOUTH PARTY WHO WILL TAKE TITLE OF SOT 1 AFTER COMPLETION OF THE
i
ss PLANN/NG COUNTY OF JEFFERSON Y
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RECOMMENDED F THE FORGOWG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 20 BY SUBDIVISION ANTICIPATED HEREIN. NW1/4 i 1_ I
SECTIO 1o ALL DISTANCES ON THE ABOVE REFERENCED PLAT ARE MODIFIED STATE PLANE Y`~ J
MEASUREMENTS (GROUND), CONSISTENT WITH THE CURRENT CITY DATUM;
NAVD 83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE.
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON 11 THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED
FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502,
AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY 4
NOTARY PUBLIC FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL ~
POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL ~'I~ S-
SUBCOMMITTEE (FGDC-STD-007.2-1998). N 6~• ~ y5 i= i; 1
i r
suRVEYO C/TY CERT/F/CAT/ON I, RONALD W. FL APPROVED THIS DAY OF ~ 20 THE BOUNDARY UNDER MY DIREC WHEAT RIDGE CITY COUNCIL. INFORMATION AN COLORADO STATU
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PLAT SR RWF 1 /1 7/08
s 1 REVISION SR RWF 04/06/09
COMMUNITY DEVELOPMENT DIRECTOR 2 REVISION
3 REVISION
CASE HISTORY 4 REVISION -changed case # and removed easement along north line of lot 2 pe
DIRECTOR OF PUBLIC WORKS RONALD W. FLA COLORADO E
MS=09=02 5 REVISION
ENGLEWOOD, COLORADO 80113 (303)-00761a--8055
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Exhibit 6
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Case MS -09-02/Alien
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City of
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PUBLIC WORKS
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857
September 14, 2009
Mr. Ronald W. Flanagan, P.L.S.
Colorado Engineering & Surveying, Inc.
3470 S. Sherman Street, #2
Englewood, Colorado 80113
303.761.8055
Re: Third Review Comments of the Final Plat for the E.S. Allen Subdivision.
Dear Mr. Flanagan,
I have completed the third review of the above referenced document received on August 30, 2009 for the
proposed subdivision located at 3885 Upham Street and have the following comments:
FINAL PLAT
The Plat is hereby approved upon modification of the following:
1. Per a request by a Planning Commissioner, please change the designation on the Upham Street
Right-of-Way from "Dedicated Right-of-Way Width Varies" to "Public Right-of-Way Width
Varies".
NOTE:
Apparently no development is currently being proposed for the southerly lot (Lot 1). Please be
advised that upon submittal of a Building Permit Application for Lot 1, a Detention Easement
will be required for the on-site detention facility needed to address current drainage regulations.
This may mean either a replat of Lot 1, or possibly a separate instrument which fully describes
and includes a graphical exhibit for the proposed detention easement area.
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
Adam Tietz, Planner I
Chuck Braden, Engineering Technician
File
wwwxi.wheatridgexo. us
n4,S-oq- 0.)- GC 9/ 10
WHEAT RIDGE FIRE PROTECTION
DISTRICT
3880 UPHAM ST
WHEATRIDGE CO 80033
7006 0100 0006 7651 7309
MOORE JOHN ROBERT
MOORE ROSEMARIE L
PO BOX 740833
ARVADA CO 80006
WHEAT RIDGE 08 A
WHEAT RIDGE 08 A LLC
12411 VENTURA BLVD
STUDIO CITY CA 91604
7006 0100 0006 7651
3885 UPHAM PROPERTIES LLC
2932 FENTON
WHEAT RIDGE CO 80214
7006 0100 0006 7651 7347
7006 0100 0006 7651 7330 M XRTINEZ ELISEO
TESSLER YITZ NARTINEZ GLORIA S
8581 E. IOWA PL 1693 GARLAND ST
DENVER CO 80203 LAKEWOOD CO 80215
7006 0100 0006 7651 7361
ALLEN EDWIN S
PO BOX 1989
WHEAT RIDGE CO 80034
7006 0100 0006 7651 7323
MCLEOD ROBERT C
3960 UPHAM ST
WHEAT RIDGE CO 80033
7006 0100 0006 7651 7354
JEFFERSON COUNTY SCHOOL
DISTRICT R-1
1829 DENVER WEST DR
GOLDEN CO 80401
7006 0100 0006 7651 7385
7006 0100 0006 7651 73
W BUILDING MINSHALL JOHN A CALKINS BRADLEY H
CORPORATION 2517 TAFT CT 7268 S. TUCSON WAY
1650 S. COLORADO BLVD LAKEWOOD CO 80215 ENGLEWOOD CO 80112
DENVER CO80222 7006 0100 0006 7651 7408 7006 0100 0006 7651 7415
7006 0100 0006 7651 7392
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City of
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COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
(as required pursuant to Code Section 26-109.1))
September 14, 2009
Dear Property Owner
This is to inform you of Case No. MS-09-02 which is a request for approval of a 2-lot minor
subdivision plat with dedications for property zoned Restricted-Commercial (R-C) and located at
3885 Upham Street. This request will be heard by the Wheat Ridge City Council in the Council
Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on
September 28, 2009 at 7:00 n.m.
As 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 to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer,
at 303-235-2826 or email Heather at hgevergci. whealrid ev co. us at least one week in advance of
a meeting if you are interested in participating and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
ms0902.doc
www.ci.wheatridge.co. us
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ZONING MAP
WHEAT RIDGE
COLORADO
NE 26 0
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$
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PARCEL/LOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
SE 23
D 100 200 300 400 FA
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DEPAKTMENTOF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
N
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NOTICE OF PUBLIC HEARINGS
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
CITY COUNCIL on September 28, 2009, at 7:00 p.m. in the City Council Chambers
of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or submit written comments.
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer
at 303-235-2826 at least one week in advance of a meeting if you are interested in
participating and need inclusion assistance.
The following case shall be heard:
Case No. MS-09-02: An application filed by 3885 Upham Properties, LLC, for
approval of a 2-lot minor subdivision plat with dedications for property zoned
Restricted-Commercial (R-C); located at 3885 Upham Street, and legally
described as follows:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, TOGETHER WITH ANY AND
ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED IN
AGREEMENT RECORDED APRIL 13, 1925, IN BOOK 270, AT PAGE 543,
AND TOGETHER WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED
RECORDED MAY 24, 1928, IN BOOK 306, AT PAGE 460.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To Be Published: Wheat Ridge Transcript
Date: September 10, 2009
e~~s
City of
l WheatP, dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291n Ave.
September 9, 2009
Thomas R. Ripp
4315 Wadsworth Blvd.
Wheat Ridge, CO 80033
Dear Mr. Ripp:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
At its meeting of September 3, 2009, Planning Commission APPROVED Case No. MS-09-02,
request for approval of a 2-lot minor subdivision plat with dedications for property zoned
Restricted-Commercial and located at 3885 Upham Street for the following reasons:
1. All development standards of the RC zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order to meet
the standard for a local street width.
With the following condition:
That a legal determination be made to show that there is legal access to public right-of-
way and that the appropriate note be added to the plat.
Enclosed is a draft copy of the minutes stating the Commission's decision. Your request for
approval of a two-lot subdivision plat with dedications is scheduled for public hearing before City
Council at 7:00 p.m. on September 28, 2009. Eighteen (18) revised copies of the fall-sized, pre-
folded plat document plus one (1) reduced set are required by September 14th.
Please feel free to contact me at 303-235-2846 if you have any questions.
Sincerely,
Kathy F~~
Administrative Assistant
Enclosure: Draft of Minutes
cc: 3885 Upham Properties, LLC
2932 Fenton St.
Wheat Ridge, CO 80214
MS-09-02 (case file)
MS0902.doc
www.ci.wheatridge.co.us
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
There was no one present to address the Commission.
7. PUBLIC HEARING
A. Case No. MS-09-02: An application filed by 3
LLC, for approval of a 2-lot minor subdivision
property zoned Restricted Commercial and Igo
The case was presented by Adam Tietz. He ente
the record and advised the Commission there tiva
He reviewed the staff report and digital presenta
requirements in an RC zone district haves en m
the application.
Commissioners REINHART and MATTHEWS
both know the applicant and h Y Worked with h
however, neither believed it wastece-nary to be
and both stated they could act impartralI thi
all
Xpham Properties,
with dedications for
at 3885 Upham Street.
documents into
sdtctiotto hear the case.
Staff conclWed that all
I recommendroval of
l for the record that they
i Wheat Ridge 2020;
ec> from hearing the case
In response to a quests from Commissioner RI fNHART, Mr. Tietz stated that
tlL
portions of U,fi,4am Str6Ware dedicate&and the right-of-way being dedicated with
this applrcafia"ould akoin existing riVhrof--way to the east. Commissioner
REINHART Bugg steel _Ql tg Mondtttoh to the plat verifying that there is access
to uublrorleht-of Ik j
rpP ~ y-
representing the applicant, was sworn in by Chair REINHART. He
it he hadhing to add to the staff presentation but would answer any
:-from the Gmmission.
In responsO%5 giestion from Commissioner REINHART concerning public
right-of-wayvlr. Ripp stated he believed there was legal access from the lot to
public right-of--way because the applicant has been driving on the subject access
road for many, many years which could establish right-or-way. He stated that he
had no objection to verifying the legal access and adding an appropriate note to
the plat.
Commissioner CHILVERS asked if the applicant's intent is to sell the property.
Mr. Ripp stated that the applicant sold the property to a third party who will
convey the property back to the applicant if the subdivision plat is approved.
Planning Commission Minutes 2 September 3, 2009
There were no members of the public who wished to address the Commission at
this time. Chair REINHART closed the public hearing.
It was moved by Commissioner HOLLENDER and seconded by
Commissioner MATTHEWS to approve Case No. MS-09-02, a request for
approval of a two-lot minor subdivision plat for property at 3885 Upham
Street for the following reasons:
1. All development standards of the RC zone district-have been met.
2. All requirements of the Subdivision Rego l,ntII- shave been met.
~gj
g provided.
3. All required utility easements are bein
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat
Ridge in order to meet the standard foY a'locaI street width.
With the following condition:
That a legal determination be made to showthi t there is legal access to
public right-of-way and that the appropriate notee be added to the plat.
The motion carried 7-0 with Commissioner BRINKMAN absent.
8. NEW
There was noornew bust' to come before the Commission.
9. OTHER
Commissioners about the joint study session with
Council off%londay, September 21, 2009 at 6:30 p.m.
10.
It was moped by commissioner CHILVERS and seconded by Commissioner
DIETRICI o- -Journ the meeting 7:26 p.m. The motion carried 7-0.
Davis Reinhart, Chair Ann Lazzeri, Secretary
Planning Commission Minutes 3 September 3, 2009
®®I®
® City of
qrWh6at][Zidge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO:
Planning Commission
DATE OF MEETING:
September 3, 2009
CASE MANAGER:
Adam Tietz, Planner
CASE NO. & NAME:
MS-09-02/Allen
ACTION REQUESTED:
Approval of a two lot minor subdivision with dedication of right-
of-way
LOCATION OF REQUEST:
3885 Upham Street
APPLICANT:
Thomas R. Ripp (owner's representative)
OWNER (S):
3885 Upham Properties, LLC
APPROXIMATE AREA:
100,506 square feet (2.31 acres)
PRESENT ZONING:
R-C, Restricted Commercial
ENTER INTO RECORD
(X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS
(X) DIGITAL PRESENTATION
Lot
Site
Plan
ms -
1
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
1. REQUEST
The applicant is requesting approval of a two lot minor subdivision with dedication of right-of-
way. The applicant would like to subdivide the property at 3885 Upham Street into two lots in
order to allow for future development of the southern portion of the property. The new lot to be
created (Lot 1) will be 36,491.9 square feet and will remain undeveloped at this time #
ZL Si Z; Fo~ Lot 2 will be 64,014.4 square feet in size and will remain "as is" with the
.ter a
office building, parking area, and other improvements in place ~~xhtl7y-.Y~ "9ft~ i IN
The new lot line will follow the southern side of the parking lot improvements from the western
property line to the eastern property line j hi72s mod' Zst
The proper permission has been given to the applicant by the owner to represent him in the
subdivision process.
II. EXISTING CONDITIONS
The property on which the action is being requested is located at 3885 Upham Street and is
zoned Restricted Commercial (R-C). The R-C zone district was established to accommodate
various types of office uses performing administrative, professional and personal services, and to
provide for a limited range of retail uses which are neighborhood oriented. General retail uses
that serve the community or region, wholesaling, warehousing, industrial, and uses which require
outside storage are prohibited.
The property is a large, square lot, approximately is 2.31 acres in size, which has a multi-story
office building with a footprint of approximately 23,300 square feet located on the northern one-
third of the lot. There is also a large parking area with approximately 112 parking spaces that
serve as parking for the office building. The southern portion of the property is undeveloped
except for a drive access off of Upham Street that provides access to the parking area. This drive
access also provides an unimproved, substandard access to the property to the south.
e,
The property is located just north of W. 38 h Ave. As a result, the majority of surrounding uses
are generally commercial as W. 38 b is a major commercial corridor through the City of Wheat
Ridge. The Wheat Ridge Market Place shopping center, which includes Safeway and other
general retail, is located directly to the west of this property. Multi-family housing is located to
the north of the site and to the east is Wheat Ridge Middle School and the Wheat Ridge Fire
Protection District Station. To the south are more neighborhood oriented commercial business
and services.
III. CASE ANALYSIS
Whoever divides, or participates in the division of a lot, tract, or parcel of land into 2 or more
lots must comply with the regulations in the City Code Section 26-401. No final plat of a
subdivision can be approved and accepted by staff, the planning commission or the city council
Planning Commission
MS-09-02/Allen
unless it conforms to the provisions of these regulations. The regulations are regarded as
minimum requirements for the protection of the public health, safety and welfare. The R-C zone
district development standards were used to examine the conformance of the newly created lots.
Lot 1 (southern lot)
The newly created lot is required to meet all development standards of the R-C zone district.
There are minimal development standards for undeveloped commercial lots in the City of Wheat
Ridge. There is no size requirement for lot area or minimum lot width. Other items such as lot
coverage, building setbacks, and landscaping requirements are not reviewed until an application
for a building permit has been received. When a building is constructed, it will be required to
meet these development standards.
Lot 1 will be 36,491.9 square feet (.84 acres) in size with a width 120 feet and a length of 329.12
feet. The drive aisle on Lot 1 that provides access to the property to the south and to Lot 2 will
be maintained across Lot 1 until the property is sold or developed as indicated by "note no. 9" in
the General Notes of the subdivision plat.
Lot 2 (northern lot)
There is an existing, multi story office building with parking lot located on the proposed Lot 2
that will remain. As a result of the subdivision, Lot 2 will be reduced in size to 64,014.4 square
feet or 1.47 acres. Since there are no minimum standards for lot width, length, or lot area, the lot
will remain in conformance and a substandard lot is not being established.
The subdivision plat will create a new side yard property line on the southern side of the lot. The
existing structure that is on the lot must meet minimum side yard setbacks from the new property
line. Structures in the R-C zone district must have a minimum side yard setback of at least 5 feet
per story unless the building constructed of masonry or other non-flammable material in which
case the structure can be constructed up to the property line. The existing building is constructed
of a non-combustible material and may have a "zero setback". However, the building will still
be over 115 feet from the newly created lot line.
The front, rear and side (northern) yard property lines are not required to be examined since the
improvements on the property are already in place and there are not any new front, rear or side
(northern) yard property lines being established.
Landscaping
Landscaping must remain in compliance with requirements after a subdivision of land occurs.
The minimum landscaping coverage standard requires 20% of the lot be covered with
landscaping. The current regulations for landscaping standards were adopted in 2001. Prior to
the current regulations, only 10% of the lot was required to be covered with landscaping. If a
property was developed prior to the existing code the property is only required maintain at least
10% landscape coverage.
Lot 2 was developed prior to the current regulations being adopted and only is required to
maintain 10% landscape coverage. With a lot size of 64,014 square feet, 6,401 square feet must
be maintained in landscaped areas. The landscaped area on Lot 2 will exceed the minimum
landscape coverage requirement by approximately 2,000 square feet.
Planning Commission 3
MS-09-02/Allen
Lot 1 will be required to meet the 20% minimum landscape coverage once the property is
developed. A landscape plan will be required to be submitted with any construction documents
when building permits are applied for to ensure that the minimum coverage is maintained.
Right-of-Way Dedication
When there is a subdivision of land, dedication of right-of-way is typically required if the street
does not meet City standards. The most common right-of-way dedication requires the dedication
for the installation of curb, gutter and sidewalk. Dedications can also be required in order for the
streets to be widened or to be able construct streets that haven't been built that are necessary to
support the proposed subdivision.
The subdivision does have frontage along Upham Street on the east side, which has full
improvements in place. `5 z~iz7and<~~MP Although the road along with curb, gutter
and sidewalk has been constructed and is maintained by the City, the section of road along the
frontage of 3885 Upham Street has never been formally dedicated to the City for public use. As
a result, 25 feet of right-of-way will be dedicated to the city with this plat. The dedication is
from the center line of the road to the west, for the full length of the property.
Since curb, gutter and sidewalk are all present along Upham St. a Subdivision Improvement
Agreement (SIA) will not be required with the recording of this subdivision.
Utility Easements
Easements for utilities were established around the perimeter of each lot as required by the Code
of Laws. The easements meet the minimum standards set in the Code which requires 10 foot
easements for all front and rear property lines and 5 foot easements for all side property lines.
IV. AGENCY REFERAL
All affected service and utilities were contacted regarding their ability to serve the property with
respect to this application. The applicant will bear the cost of upgrading any service to the
property. The following comments were received by the affected agencies:
Public Works: Public Works had minor comments pertaining to the form and content of the
subdivision plat. All items have been addressed to the satisfaction of the Public Works
Department.
Xcel Energy: Xcel has no conflict with the subdivision.
Wheat Ridge Sanitation District: The subdivision is within the service area for the district and
is served by an 8 inch sanitary sewer main in Upham Street. The sanitation district will be able
to serve the subdivided property but further review will be required by the district once
construction documents have been received.
Wheat Ridge Urban Renewal Authority: The Wheat Ridge Urban Renewal Authority has no
objections or comments regarding the subdivision request.
Other: All other referral agencies did not to respond to the request for comments which
indicates that they have no comment. Typical utility easements are being established around the
perimeter of each lot and are shown on the subdivision plat.
Planning Commission
MS-09-02/Allen
V. STAFF CONCLUSION & PROPOSED MOTIONS
Because this is a two-lot minor subdivision with right-of-way dedication required, Planning
Commission will review the plat and make a recommendation to the City Council. City Council
is the final decision making authority.
Staff has concluded based on the R-C zone district development standards, all the requirements
in an R-C zone district have been met. Because the requirements for a minor subdivision with
dedications have been met, a recommendation of APPROVAL is given for Case No. MS-09-02.
VI. PROPOSED MOTIONS:
Option A: "I move to APPROVE of Case No. MS-09-02, a request for approval of a minor
two-lot subdivision plat for property at 3885 Upham Street for the following reasons:
1. All development standards of the R-C zone district have been met.
2. All requirements of the Subdivision Regulations have been met.
3. All required utility easements are being provided.
4. 25 feet of right-of-way is dedicated by this plat to the City of Wheat Ridge in order to
meet the standard for a local street width.
Option B: "I move to DENY Case No. MS-09-02, a request for approval of a two lot
subdivision plat for property located at 3885 Upham Street for the following reasons:
1.
Planning Conunission
MS-09-02/Allen
MS-09-02/Allen
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MS-09-02/Allen
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• - -
OWNERS CERT/F/CA TE
I, 3885 UPHAM PROPERTIES, PLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNER OF REAL PROPERTY DESCRIBED AS FOLLOWS:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE C9 WEST,
TOGETHER WITH ANY AND ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED INF~QUt~QARY. ~1s.e rr nr c _ ~.~nov. ~ _ Anna w
IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, AND TOGETHER (1 I
WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928
IN BOOK 306, AT PAGE 460.
COUNTY OF JEFFERSON, STATE OF COLORADO. .Y
I
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
=_ru.__ iT _~L
BEGINNING AT THE SOUTHWEST CORNER OF THE NW1/4 SE1/4 SW1/4 SE1/4 OF SECTION 23, i
TOWNSHIP 3 SOUTH, RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNER OF THE SE1/4 N "Cti
BEARS S63'00'47"W, A DISTANCE OF 737.55 FEET; L {
F.
THENCE N89'38'48"E ALONG THE SOUTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANC OF 329.12 FEET, TO THE SOUTHEAST CORNER OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4; l
3 L { A
THENCE N00'13~03'~W AND ALONG THE EAST LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTA _a. ~r -s~~ rn rrr-r r~ T~ ~r ►~~r~ri ~r~e+r nnn►~rn nr ~+~in ~i~~i~ /w t~r~ r+~~~w e+r~ /w. 1
Vr JJV.JL .tt;~ „V II'It IVVKII'ItHJI I.VKIVtI"C VI' JHIU IVYYI~~F JtI~~F JYYI~~F Jtl~~t~ ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT i ~ Q
1 STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID WHEATR fANCE UTILITY EASEMENTS. WHEATR O9 THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND 3830 W ►NCE PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS PARCEL B! IP! a TAlP4AM AA a w _ _ _ _
THENCE S89 39 11 W ALONG THE NORTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANCE U
`5 OF 329.03 FEET, TO THE NORTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4; ~ L~ p
r. J'. 1
THENCE S00'12'07"E ALONG THE WEST LINE OF SAID NW1/4 SE1/4 SW1/4 S~1/4, A DISTANCE OF 330.55 FEET, TO THE SOUTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4, THE ZON/NG
POINT OF BEGINNING, INDICATED AS CROSS ACCESS/INGRESS-EGRESS EASEMENTS , AS ILLUSTRATED
UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITEt3 TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL
CONTAINING 108,769 SQUARE FEET OR 2,4970 ACRES FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT TO THOSE ENTERING T SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT v~~!tMT n~~ PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. THE "CROSS ACCESS/ t=,n INGRESS-EGRESS EASEMENTS" SHALL TERMINATE AND FOREVER EXTINGUISH UPON
1
t~
tai HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON ANY OF THE FOLLOWING EVENTS: GRANTEE OF LOT 1, GRANTEES HEIRS, POIN SUCCESSORS AND ASSIGNS, SELLING OF LOT 1 TO A THIRD PAP.TY OR FOUND 1
CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND 8Y THESE
PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE DEVELOPING LOT 1 BY CONSTRUCTION OF ANY IMPROVEMENTS TO WHATEVER PiN A EXTENT, WHETHER UPON, BELOW OR ABOVE, SOT 1. THE "GRANTEE" IS THE MARKE i ~:.s
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE ~ -
TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY PARTY WHO WILL TAKE TITLE OF LOT 1 AFTER COMPLETION OF THE SOUTH
FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS SUBDIVISION ANTICIPATED HEREIN. NW1/4 .y
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR ANC► SECTI 1o ALL DISTANCES ON THE ABOVE REFERENCED PLAT ARE MODIFIED STATE PLANE fi
REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE MEASUREMENTS (GROUND), CONSISTENT WITH THE CURRENT CITY DATUM; ~~L -
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM NAVD 83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE. 7
WATER SYSTEMS AND PIPES. DETENTION PONDS, STREET LIGHTS AND ALL
APPURTENANCES THERETO. ~ 1 THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED
FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, S
AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY :f -
FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL 1 s~
f° OWNER: 3885 UPHAM PROPERTIES, LAC, A COLORADO LIMITED LIABILITY COMPANY POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL ~'I~ ~
e; BY THOMAS R, RIPP, AS POWER OF ATTORNEY SUBCOMMITTEE (FGDC--STD-007.2-1998). 6~. 0~ 1 ~
~ STATE OF COLORADO ~ N ~ . I
i
> ss PLANN/NG COUNTY OF JEFFERSON ~lG COMM/SS/O/V CER T/F/CAT/~N v~vr ~ r ~9~.
RECOMMENDED F g~ THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS '
DAY OF A.D. 20 BY L
L
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON ED FOR APPROVAL THIS DAY OF , ,.i~ 9 1 4~
, BY THE WHEAT RIDGE PLANNING COMMISSION.
JA 1
NOTARY PUBLIC
E
'ti.~
suRVEYo C/TY CERT/F/CAT/!JN RONALD W. FL APPROVED THIS DAY OF ~ 20 THE BOUNDARY UNDER MY DIREC WHEAT RIDGE CITY COUNCIL, INFORMATION AN ~ COLORADO STAT ACCOMPANYING P I '-cv t
r~
1 ur.,_
1 t
i
ATTEST t
n~-rv n~ rn~i \ I A V/'1f'1 1
VI 1 T I.LCI'Ct'\ Mf1 1 VIA fie ?3 1 A.W KtLth' I IUN NU, NO, DESCRIPTION DRN. BY OHK, BY DA
(SEAL PLAT SR RWF 12/17/08
ark i , 1 REVISION
COMMUNITY DEVELOPMENT DIRECTOR ' ~ m a~ °4ea JEFFERSON COUNTY CLERK AND RECORDER
2 REVISION
'fit 3 REVISION
DIRECTOR OF PUBLIC WORKS RONALD W. FLA COLORADO E CASE HISTORY 4 REVISION -changed case ~ and removed easement along north line of lot 2 pe
MS-09-02
~Nr_T.F1nrnnn rA T)O A() 1 IQ
Exhibit 6
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Plannine Commission io
Case CIS -09-02/Allen
City of
WheatR d e
POSTING CERTIFICATION
CASE NO. MS-09-02/Allen
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: September 3, 2009
1,
T )421b6 rl~7 K Re dj
(n a m e)
residing at,
3ygs U
(address)
as the applicant for Case No.WA-08-16/Jackson , certify that I have posted the
Notice of Public Hearing at 3 `6 ~5 ' 3`~~ S ~'J{ IG~IyI S~YC e t
(location)
on this day a D of C [ cc S f 20 OC/ and do certify that
said sign has been posted and remained in place for fifteen (15) days prior to and including
the scheduled day of the public hearing of this case. The sign was posted in the location on
the map shown below.
Signature a&Azq-
NOTE: This form must be submitted at the public hearing on this case and will be placed in
the applicant's case file at the Community Development Department.
oa-1,ev~w ;Z) c 9 /3/09 WHEAT RIDGE 08 A LLC
12411 VENTURA BLVD
STUDIO CITY CA 91604
3885 UPHAM PROPERTIES LLC
2932 FENTON
WHEAT RIDGE CO 80214
7008 323
ALLEN EDWIN S
PO BOX 1989
WHEAT RIDGE CO 80034
7008 3230 0003 5514 8779
7008 3230 0003 5514 8755 0 0003 5514 8762
WHEAT RIDGE FIRE PROTECTION MARTINEZ ELISEO
DISTRICT MARTINEZ GLORIA S
3880 UPHAM ST 1693 GARLAND ST
WHEATRIDGE CO 80033 LAKEWOOD CO 80215
7008 3230 0003 5514 8786 7008 3230 0003 5514 8793
MCLEOD ROBERT C
3960 UPHAM ST
WHEAT RIDGE CO 80033
7008 3230 0003 5514 8809
MOORE JOHN ROBERT MINSHALL JOHN A
MOORE ROSEMARIE L 2517 TAFT CT
PO BOX 740833 LAKEWOOD CO 80215
ARVADA CO 80006
7008 3230 0003 5514 8816 7008 3230 0003 5514 8823
JEFFERSON COUNTY SCHOOL
DISTRICT R-1
1829 DENVER WEST DR
GOLDEN CO 80401
7008 3230 0003 5514 8830
TESSLER YITZCHAK WADSWORTH BUILDING
CORPORATION
8581 E. IOWA PL 1650 S. COLORADO BLVD
DENVER ICO 80203 OWA PL
DENVER CO 80222
7008 3230 0003 5514 8847
CALKINS BRADLEY H
7268 S. TUCSON WAY
ENGLEWOOD CO 80112
7008 3230 0003 5514 8861
7008 3230 0003 5514 8854
eta
City of
Wheatf~,jdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
7500 W. 29" Ave. Wheat Ridge, CO 80033-8001
CERTIFIED LETTER NOTICE
P: 303.235.2846 F: 303.235.2857
August 20, 2009
Dear Property Owner:
This is to inform you of Case No. MS-09-02 which is a request for approval of a 2-lot minor
subdivision plat with dedications for property zoned Restricted-Commercial (R-C) and located at
3885 Upham Street. This request will be heard by the Wheat Ridge Planning Commission in the
Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be
held on September 3, 2009 at 7:00 p.m.
As 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 to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer,
at 303-235-2826 or email Heather at hgeyer@ci.wheatrid eg co.us at least one week in advance of
a meeting if you are interested in participating and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
ms0902.doc
www.ci.wheatridge.co.us
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NOTICE OF PUBLIC HEARINGS
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on September 3, 2009, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information
Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in
participating and need inclusion assistance.
The following case shall be heard:
Case No. MS-09-02: An application filed by 3885 Upham Properties, LLC, for
approval of a 2-lot minor subdivision plat with dedications for property zoned
Restricted-Commercial (R-C); located at 3885 Upham Street, and legally
described as follows:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, TOGETHER WITH ANY AND
ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED IN
AGREEMENT RECORDED APRIL 13, 1925, IN BOOK 270, AT PAGE 543,
AND TOGETHER WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED
RECORDED MAY 24, 1928, IN BOOK 306, AT PAGE 460.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To Be Published: Wheat Ridge Transcript
Date: August 20, 2009
V/C/N/TYMAP
k; i i
1 " = 1000
Lt~GEND Pa~~ o~ ~o~~~~a~~ ~~4 0~ ~c~c~~ao~~~9 ~o~~r~~op ~ ~0~~~9 ~a~c~ C~O(~J/~1/~7 ~G~~ll~~l~GG~sSOoln~l ~57~~,17~G~ Off' G'OL~@G~~100
WEST 44TH AV INC7ICATES SUBJECT P 0
W ~ INDICATES LOT LINE B ~ ~ ~ N
o~ ~ ~ ~ w - INC)ICATES AN EASEME Q D U
I ~ W ~ w
~ ~ ~ ~ a o + INDICATES FOUPJD OFFSET CHISE~E Q SITE 3
f
~ (Q INDICATES SET 24" REBAR WITH C MARKED LS26958
WET 38TH AVE 1 INDICATES FOUND PIN AND CAP
AS STATED HEREON
r;
OWNERS CERT/F/CA TE
I, 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE
OWNER OF REAL PROPERTY DESCRIBES AS FOLLOWS:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWES'( QUARTER {
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE f9 WEST, L
TOGETHER WITH ANY ANO ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, AND TOGETHER r _ h A
WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928 ~u _
IN BOOK 306, AT PAGE 460. .INE BOUNDARY. O DATE OF FIELD WORK; 3 - 3 - 2008 j
L
ASEMENT LINE 2~ THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY COLORADO ENGINEERING AND it
COUNTY OF JEFFERSON, STATE OF COLORADO. SURVEYING, INC. TO DETERMINE OWNERSHIP AND EASEMENTS OF RECORD.
FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND TITLE OF RECORD 1 -~Y
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I~SF1~I~~-" WF LIP~it! T1TJ F C;~1rA~ALIAA~AJJ sio B~R~ ~ j a
BEGINNING AT THE SOUTHWEST CORNER OF THE NW1/4 SE1/4 SW1/4 SE1/4 OF SECTION 23, 1
TOWNSHIP 3 SOUTH, RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNEA OF THE SE1/4 5 Y`
BEARS S63'00'47"W, A DISTANCE OF 737.55 FEET; e
THENCE N89'38'48'~E ALONG THE SOUTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANC OF 329.12 FEET, TO THE SOUTHEAST CORNER OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4;
~L~51~ Old ~/'G~C~ G'7~~I GPo~Io9 I N ci e
,i - - - -
THENCE N00'13~03~~W AND ALONG THE EAST LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTA ~ PARCEL /.D. ,~39-234-00--07.3
OF 330.52 FEET, TO THE NORTHEAST CORNER OF SAID NW1/4 SE1/4 SW1/4~ SE1/4;
s w
~ THENCE S89'39'11"W ALONG THE NORTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANCE STRUCTURES~AND WATER METERS SHALL NOT BE PERMITTED WITHIN~SAID , WHEATR TANCE UTILITY EASEMENTS. 11 ll° A TA/C1 /'~l" /'1 n rl d_ i
OF 329.03 FEET, TO THE NORTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4; WHEA TR sU THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PARCE~
o
I9 THENCE S00'12'07"E ALONG THE WEST LINE OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4, A DISTANCE ONCE PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THESE AREAS ZON/NG i z
OF 330.55 FEET, TO THE SOUTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4, THE INDICATED AS "CROSS ACCESS/INGRESS-EGRESS EASEMENTS", AS ILLUSTRATED ~ 25. tJ0'
POINT OF BEGINNING, UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE
OWNERS, TENANT, GUSTOMER~, AND GUESTS OF THE OWNERS, AND SHALL
CONTAINING 108,769 SQUARE FEET OR 2.4970 ACRES FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT TO THOSE ENTERING ~vT SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM. ADJACENT ~►~thT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. THE "CROSS ACCESS/ r;R INGRESS-EGRESS EASEMENTS" SHALL TERMINATE AND FOREVER EXTINGUISH UPON p ~
k1 v~ i 'r
C
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON
CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A ANY OF THE FOLLOWING EVENTS: GRANTEE OF LOT 1, GRANTEE'S HEIRS, POIN SUCCESSORS AND ASSIGNS, SELLING OF LOT 1 TO A THIRD PARTY OR FOUND
SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE DEVELOPING LOT 1 BY CONSTRUCTION OF ANY IMPROVEMENTS TO WHATEVER PIN Ai EXTENT, WHETHER UPON, BELOW OR ABOVE, LOT 1. THE "GRAVTEE" IS THE MARKE
PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHEF~ DEDICATE PARTY WHO WILL TAKE TITLE OF LOT 1 AFTER COMPLETION OF THE SOUTH -..z
Via; TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY aHOWN AS SUBDIVISION ANTICIPATED HEREIN. NW1/4
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR ANa SECTI 1o ALL DISTANCES ON THE ABOVE REFERENCED PLAT ARE MODIFIED STATE PLANE
REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM MEASUREMENTS (GROUND), CONSISTENT WITH THE CURRENT CITY DATUM; c
WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LVGHTS AND ALL NAVD 83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE.
APPURTENANCES THERETO. 11 THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED Fti i i
FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, L
AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY
FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL ~
OWNER: 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL q~'i~
~~j BY THOMAS R. RIPP, AS POWER OF ATTORNEY s; SUBCOMMITTEE (FGDC-STD-007.2-1998). N 6,~. ~
STATE OF COLORADO ~
r > ss PLANN/NG COUNTY OF JEFFERSON
~ RECOMMENDED F E i.
THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS '
i
zr
4 DAY OF A.D. 20 BY 1
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON ~L t.
Lz_.
I<j i+~~
NOTARY PUBLIC J c
Ea .r
-i
SURI/EYO C/TY CERT/FICA T/C)N
I, RONALD W. FL THE BOUNDARY f APPROVED THIS DAY OF 20 UNDER MY DIREC Et; WHEAT RIDGE CITY COUNCIL. INFORMATION AN ~a COLORADO STAT ACCOMPANYING r' ATTEST 1
i~ CITY CLERK MAYOR p e
~r - ~
a WN'-`ram (SEAL
ki PLAT SR RWF 12/17/08
1 REVISION SR RWF 04/0/09
COMMUNITY DEVELOPMENT DIRECTOR t JEFFERSON COUNTY CLERK AND RECORDER 2 REVISION SR RWF 06/03/09
'i W At, 'd'V - e A6 3 REVISION
CASE HISTORY _ 4 REVISION - chcnged case # and removed easement along north line of lot 2 pe
G DIRECTOR OF PUBLIC WORKS RONALD W. FLAN COLORADO N G' FLANAGAN RPLS 26958 DATE SIGNED BY:
DEPUTY MS-09-02
L, EAN.IGLEWOOD, COLORADO 80113 (303)--761-8055 1 1- M I
n
City of
Wheat Midge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29m Ave.
August 17, 2009
Mr. Ronald Flanagan
Colorado Engineering and Surveying Inc.,
3740 South Sherman Street. #2
Englewood, Colorado 80113
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Re: Review comments for the E. S. Allen Subdivision Plat
Dear Mr. Flanagan:
The resubmittal for the subdivision plat for the property located at 3885 Upham Street has been
received. After the review of the documents, I have the following comments. Please see the
attached redline plans for further details.
1. The subdivision plat is in an approvable format upon the correction of very minor
discrepancies.
2. Please change the case history box to indicate that the case number of "MS-09-02" instead
of "MP-09-02
3. Attached are the comments and redline drawings received from the Public Works
department regarding the plat document.
Please address each of these comments and redline corrections by revising the plat document
accordingly. A public hearing before Planning Commission has been set for September 3, 2009.
Upon the correction of all discrepancies, please submit 18 full-size copies (folded) of revised plat to
the Community Development Department by August 25, 2009. Please note that an electronic copy
and 11x17 reduction of the plat is required with the resubmittal.
For clarification on any of these issues, please feel free to contact me at 303.235.2845
Sincerely,
Adam Tietz
Planner, Community Development Department
City of Wheat Ridge, Colorado
p. 303.235.2845
atietzgei.wheatridge.co.us
October 15, 2007
c: MS-09-02 case file
Thomas Ripp
www.ci.wheatrid ge.co. us
N COR ~ / , T w
F;t ~oUND ~ REAR 1l1lITl~ 1/~" BRAS AP ~v
STAMPED "CITY wI~EATR~D » ~ ~ ~ PER MONUMENT RECORD
V/C/N/TYMAP N 70848 2. 1 E 121 O .1 ~~3
CITY DATUM
1 " = 1000' G~~l G~7~ OG~ S~U~7~~IL~~I ~7~ f1~4 OG~ ~G~G ~~~~tl ~~9 7~O~nMSG~DG~ ~ ~0C1J/7~~I9 G~~] nMC~G' ~J ~L~~ G~(~9~nI~0~~/L~G~G~G~G°~~S~GtI ~7~~,1 ~G~ ~G~C~OI~~G°~~]DO ~ti
Lt. GEND
"FOUND PIPE
WEST 44TH AV INC►ICATES SUBJECT PR CT PROPERTY LINE. GENERAL NOTES ~
0
J ~ N INC►ICATES LOT LINE B ~ ~ ~ ~ '~lE BOUNDARY. 1Q DATE OF FIELD WORK; 3 - 3 - 2008
N ~ - INDICATES AN EASEME m ~ w ~SEMENT LINE 2U CIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY COLORADO ENGINEERING AND
Q D U SURVEYING, INC. TO DETERMINE OWNERSHIP AND EASEMENTS OF RECORD. w
= p=,,, W ~ W FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND TITLE OF RECORD
~ ~ ~ ~ ~1- INDICATES FOU~JD OFFSET CHISELE 0 ISELED WE RELIED UPON TITLE COMMITMENT N0. 90186889x {~rr~4 W ~
a SITE ~ INDICATES SET 24" REBAR WITH C ~ MARKED L5269`~8 EFFECTIVE DATE. JUNE 29TH, 2009 AT 5.30 P.M. EA;b 1 7
TH CAP gY: STEWART TITLE GUARANTY CO. NORTHEAST CORNER OF N
Q3 THE FIELD PROCEDURES FOR THIS SURVEY RESULTED IN AN SECTION
WEST 38TH AVE • INDICATES FOUrJD PIN AND CAP qp ERROR IN HORIZONTAL CLOSURE THAT IS NO LESS THAN 1:50,000.
AS STATED HEF;EON O 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
~ I
DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY 0' 20' 40' 60' .
OWNERS CERT/F/CA TE DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN SCALE: 1" = 4 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. (U. S. SURVEY FEE
I, 3885 UPHAM PROPERTIES, LAC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE ~r~~~r~~ r~~%r~~rNl r7 M ~ N~ rF~ ~
OWNER OF REAL PROPERTY DESCRIBED AS FOLLOWS: O PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET.
ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET WHEATR/ ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND 3900 W TECHNOLOGY. PARCEL
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST' QUARTER i
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE E~9 WEST,
TOGETHER WITH ANY AND ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, At~10 TOGETHER
'-y WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928 O BASIS OF BEARINGS: ZO/V/NG
IN BOOK 306, AT PAGE 460. SOUTH LINE OF SOUTHEAST 1 /4 OF SECTION 23, BEING BOUND BY THE 1 ~ PARCEL l.D. #39-234-00-07,3 _ _ _ _
MONUMENTS SHOWN HEREON AS N89'38'24"E, AS ESTABLISHED BY THE MODIFIED , ~T F
STATE PLANE (CURRENT CITY DATUM) BY THE CITY OF WHEAT RIDGE. 1 A T •'1 111 506.3 SQUARE FEET rvC'~CN ~ I'civ. O THE TOTAL AREA OF THE SUBDIVISION IS 100, r OR 2.3073 ACRES. THE TOTAL NUMBER OF TRACTS IS 1 AND THE FOUND PIN/CAP PARCEL J.D. ,¢r39-234-00-074 i~
COUNTY OF JEFFERSON, STATE OF COLORADO. LS14112
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOTAL NUMBER OF LOTS IS 2.
BEGINNING AT THE SOUTH WEST CORNER OF THE NW1 /4 SE1 /4 SW1 /4 SE1 /4 OF SECTION 23, 23' U8 TEN FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY
TOWNSHIP 3 SOUTH, RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNER OF THE SE1/4 ~4 ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES
BEARS S63'00'47"W, A DISTANCE OF 737.55 FEET; OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. 5 FOOT (5') WIDE I~ Q ago NORTHWEST CORNER OF F_OWIN S. ALLEN ~ NW1 /4 SE1 /4 SW1 /4 SEl /4, ,3915 UPHAM ST.
EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL
THENCE N8938'48"E ALONG THE SOUTH LINE OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4, A DISTANCE TANCE SIDED LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE
OF 329.12 FEET, TO THE SOUTHEAST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4; EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE AND
REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND ~ SECTION 23 ?ARCEL D. X39-2,34-00-08.3
THENCE N00'13~03'~W AND ALONG THE EAST LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTA DISTANCE TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO PERMITTED WITHIN ANY ZON/NG R3 PART OF SE 1/4 OF SEC. 23
OF 330.52 FEET, TO THE NORTHEAST GUKNtK ur SAiv NW1~4 ~ti~4 ~w~~4 ~t~~~+; ACCESS EASEMENTS AND PRIVATE S IKtt l5 IN ~Ht 5u~u~vi~ivN. F'tKMHNtIV l
STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID WHEATR fANCE UTILITY EASEMENTS, WHEAT s~ THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND 3830 PARCEL T®1n~~ r}Q/~ .~i~ C~ 1 ITfI ITV 1"' A C'~f"'® lrwlT~ ~~'~In ~ TC'n ~C® ®I AT I
THENCE S89'39'11"W ALONG THE NORTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANCE ® .
OF 329.03 FEET, TO THE NORTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4~ SE1/4;
. e.- r.~.... ..,-r+ rn r+nrrt~ w ►..~p TI1s~rJ- ~ ~CAJGALT TLJQ/liJf`LI TLL4S~ A DC A C ~n~ u~ ■ i
i
OFE330. So~F•EET~,7T0 THOENSOUTHWESTTCORN ROOF ~SAIDWNW4/4 E~/4 SW1/4 SE~/4, ~THEANCE
POINT OF BEGINNING, ~ _ - t
CONTAINING 108,769 SQUARE FEET OR 2,4970 ACRES 9
d
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON F _ A
t CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A }
SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE _ 1
~s PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY .
FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY 7HOWN AS
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR ANU Y
REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE 1 1
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM
WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL is ire ~t
IFI ~f~ APPURTENANCES THERETO.
i- i 1
f,''~ . ` 1
OWNER: 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY d • j -I
BY THOMAS R. RIPP, AS POWER OF ATTORNEY
_ R 1 ~
STATE OF COLORADO
> ss PLAN/V/NG COUNTY OF JEFFERSON
'1~I
RECOMMENDED F THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS '
z
_f -i
fj DAY OF A.D. 20 BY
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON t
~I i=
s_
NOTARY PUBLIC
G
-1~__
~~3 suR vEYO ti s
C/TY CERT/F/CAT/CAN I, RONALD W. FL THE BOUNDARY APPROVED THIS DAY OF 20 UNDER MY DIRE WHEAT RIDGE CITY COUNCIL. INFORMATION AN
l r
COLORADO STAT ACCOMPANYING
ATTEST
CITY CLERK MAYVK r ZIF W live I~1..VLI 11Vi~! I~V~ a DRN. BY CHK® BY DATE
(SEAL NO. DESCRIP110N
< 's- PL A
JEFFERSON COUNTY CLERK AND RECORDER REVISION
COMMUNITY DEVELOPMENT DIRECTOR REVISION HISTORY
#f~ 4 ~x REVISION A r -
FLANAGAN RPLS 26958 DATE SIGNED BY:
DIRECTOR OF PUBLIC WORKS RONALD W. FLA COLORADO ENC DEPUTY
w s~~ AIM T 7~\ T'~1 T 7 T "1 Y /"fit T T 1'~f I ~t ry 41 d -V 'Ir W ■ ■ f 1 ■ k 1 1-4 r" f e
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City of
l Wheat"dge
PUBLIC WORKS
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.2352861 F: 303.235.2857
August 12, 2009
Mr. Ronald W. Flanagan, P.L.S.
Colorado Engineering & Surveying, Inc.
3470 S. Sherman Street, #2
Englewood, Colorado 80113
303.761.8055
Re: Second Review Comments of the Final Plat for the E.S. Allen Subdivision.
Dear Mr. Flanagan,
I have completed the second review of the above referenced document received on August 11, 2009 for
the proposed subdivision located at 3885 Upham Street and have the following comments:
FINAL PLAT
The Plat is hereby approved upon correction of the following typographical error:
1. The Case Number should be MS-09-02 (not MP-09-02) in the Case History Box.
NOT FS:
1. Apparently no development is currently being proposed for the southerly lot (Lot t). Please be
advised that upon submittal of a Building Permit Application for Lot 1, a Detention Easement
will be required for the on-site detention facility needed to address current drainage regulations.
This may mean either a replat of Lot 1, or possibly a separate instrument which fully describes
and includes a graphical exhibit for the proposed detention easement area.
2. There may be certain items which exist within the proposed 5' utility easement currently shown
along the northerly lot line of Lot 2. In light of this, your client may wish to not place an
easement over this area. The City tries to be sensitive to situations where existing features or
constructed items exist, and therefore will not require an easement along the northerly property
line. The City is fine if the easement is to remain, but also if you wish to remove it the City will
not object.
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
Adam Tietz, Planner I
File
wwwxi.w heatrid gexo. us
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~ V/C/N/TYMAP i i
pQa~ o~ ~o~~~~a~~ X04 0~ ~c~~~oo~~~9 ~o~~~~ap ~ ~o~~~r9 ~a~c~c~ ~c~~ c~o~~~o~~~~~c~~~o~ ~~Q ~~~~~o~QOo
Lt~ GEND
WEST 144TH AV
INC~ICATES SUBJECT P ECT PROPERTY LINE. GENERAL NOTES f'1 3
~
W ~ N INDICATES LOT LINE o~ ~ N ~ - - INDICATES AN EASEM Q D U 1
-_r
v
= a w ~ W iri r e:
~ ~ ~ ~ + INDICATES FOUND OFFSET CHISELE o i
F'; i
a SITE ~ INDICATES SET 24" REBAR WITH C a ~i
M`p ~ MARKED LS269 ~8 F~ 1
c I
WE$T 38TH AVE • INDICATES FOUND PIN ANO CAP l _ _ _ - i
~ AS STATED HEF;EON i i i
i 7
1
OWNERS CERT/F/CA TE i
t I J 4 i
I, 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE
OWNER OF REAL PROPERTY DESCRIBED AS FOLLOWS:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER L
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE E>9 WEST,
TOGETHER WITH ANY AND ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED S
IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, AND TOGETHER
WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928 a
IN BOOK 306, AT PAGE 460. f t`
_ J
COUNTY OF JEFFERSON, STATE OF COLORADO. F. d
{
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NW1/4 SE1/4 SW1/4 SE1/4 OF SECTION 23, 1
TOWNSHIP 3 SOUTH, RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNEA' OF THE SE1/4 BEARS S63'00'47"W, A DISTANCE OF 737.55 FEET; ;ASEMENT LINE 2~ CIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY COLORADO ENGINEERING AND SURVEYING, INC. TO DETERMINE OWNERSHIP AND EASEMENTS OF RECORD.
_~r
FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND TITLE OF RECORD JIC:CI CI'1 It ~ f! 1el~pcl I~p_ I IQ/IAi~ITI C /'~nAAAIL?~ICAIT AIl1 A/11 4COOR.. I y
THENCE N89'38'48"E ALONG THE SOUTH LINE OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4, A DISTANC e-fr OF 329.12 FEET, TO THE SOUTHEAST CORNER OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4; a 1
yC w~eu aes i► & Y
H THENCE N00'13'03"W AND ALONG THE EAST LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DIST r~ OF 330.52 FEET. TO THE NORTHEAST CORNER OF SAID NW1 /4 SE1 /4 SW1 /4 SE1 /4: ~t
j Hl.l,.tJJ tHJtMtIV I J HIVU t'KI VH I t J I Ktt I J IN I ht JUtSUI VIJIUN, h'tKMHNtN A ~
STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID WHEAT TANCE UTILITY EASEMENTS. WHEATi Os THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND 3830 ONCE PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THC+SE AREAS PARCEL I/7 ff I® ~ tJ1'~t1 C / 1 1 TI I 1 TV t'~ A C4 t°i / f ►1 TC* f1t"111 A T~ f1 r1r'A TI 11 Co Pf! A T
THENCE S89'39~11"W ALONG THE NORTH LINE OF SAID NW1/4 SE1/4 SWl/4 SE1/4, A DISTANC OF 329.03 FEET, TO THE NORTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4;
• ~
THENCE S00'12'07"E ALONG THE WEST LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTANCE P ~ ~
OF 330.55 FEET, TO THE SOUTHWEST CORNER OF SAID NW1/4 SE1/4 SW1/4 SE1/4, THE „ ZON/NG INDICATED AS CROSS ACCESS/INGRESS-EGRESS EASEMENTS , AS ILLUSTRATED .y - '
POINT OF BEGINNING, CONTAINING 108,769 SQUARE FEET OR 2.4970 ACRES UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE
~1n1ivERS, Tcivii~iTS, Cu~fi6~iiE~, f~i'd~ GI.;C~~~ 0~ ~irl~Ncf~S,' r1ti~ SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT TO THt~SE ENTERING `-~T s ,
SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT rri-!tHT R~~ PROPERTIES AND/OR FRAM ABUTTING PUBLIC STREETS. THE "ROSS ACCESS/ t=;R INGRESS-EGRESS EASEMENTS" SHALL TERMINATE AND FOREVER EXTINGUISH UPON
kAl~
`~z HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON
CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A ANY OF THE FOLLOWING EVENTS: GRANTEE OF LOT 1, GRANTEE'S HEIRS, POIN SUCCESSORS AND ASSIGNS, SELLING OF LOT 1 TO A THIRD PARTY OR FOUN DEVELOPING LOT 1 BY CONSTRUCTION OF ANY IMPROVEMENTS "~0 WHATEVER PIN A EXTENT, WHETHER UPON, BELOW OR ABOVE, LOT 1. THE "GRANTEE" IS THE MARK PARTY WHO WILL TAKE TITHE OF LOT 1 AFTER COMPLETION OF THE SOUTI SUBDIVISION ANTICIPATED HEREIN. NW1/ SECTI 1o ALL DISTANCES ON THE ABOVE REFERENCED PLAT ARE MODIFIED STATE PLANE 1,
SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORA00 AND BY THESE _ _ L R. }
PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE y
TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY
FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS ! i
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR AND ~a r REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE 1 i t L.
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM MEASUREMENTS (GROUND), CONSISTENT WITH THE CURRENT CITY DATUM; 2 s c
WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL NAVD 83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE. :r
~3 APPURTENANCES THERETO. 11 THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED 1 ~j t
FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, I
AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U. S. SURVEY
FEET AT THE 95~ CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIA~
OWNER: 3885 UPHAM PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COti9PANY POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL ~'I'' ~ 1
5~ BY THOMAS R. RIPP, AS POWER OF ATTORNEY SUBCOMMITTEE (FGDC-STO-007.2-1998). 6,~. 0~ v
N . t
STATE OF COLORADO ~
> ss PLAN/V/NG COUNTY OF JEFFERSON !A//'~ ~l1/IA/IA/C~G~//1A/ /SCOT/C//"+/1 T//7A/ I •
.f
~a
RECOMMENDED F THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
Y-' ~
DAY OF A.D. 20 BY
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON 'cr
f p'
~j NOTARY PUBLIC per r, P
u "~T
k'
suR vEYO C/TYCERT/F/CAT/ON RONALD W. FL APPROVED THIS DAY OF ~ 20 THE BOUNDARY
1
7,
UNDER MY DIREC
WHEAT RIDGE CITY COUNCIL. INFORMATION AN COLORADO STAT ~a ACCOMPANYING ~3 ATTEST
,a-
j
CITY CLERK MAYOR - - I
M: h'! i~a MLvlJIVIVJ ~ ~ 1 1 i
(SEAL NO. P
P Iwo errs 4a.,s I wa go, 00 e PLAT
COMMUNITY DEVELOPMENT DIRECTOR JEFFERSON COUNTY CLERK AND RECORDER u REVISION
Q ~p REVISION N L
s~ e 3 Esa m 4m»lea R ~a i Ilk-10 HISTORY REVISION t:
DIRECTOR OF PUBLIC WORKS RONALD W. FLAN COLv~A]'JO E t~
M PmO9mO2 .r ~
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. ` City of
W1=1tldge
PUBLIC WORKS
Geodetic Surveying
Requirements for Final Plats
TITLE OF PLAT: L • L9 - ALLEAtJ t~d1~J~i/~SI~~/
Notice to Surveyor:
Initial each item as completed. This form shall accompany the Final Plat submittal.
1. All distances for the above referenced Plat are shown using (ground) modified State Plane
measurements (U.S. survey feet rounded to the nearest 0.01') consistent with the Current City
Datum, AND the following datum information is shown on the Final Plat:
a. The Coordinate System is a ground-based modified form of the NAD83/92 State Plane
Coordinate System, Colorado Central Zone 0502.
P~0/b. Vertical Datum is the North American Vertical Datum of 1988 (NAVD88).
c. Ground to Grid Combined Scale Factor is 0.99974780300, scaled from base point PHAC 1
(Permanent High Accuracy Control Point 41) which has the following coordinate values:
PHAC 1: Northing: 1701258.75 Easting: 3118217.58 Elevation: 5471.62
2. Modified State Plane coordinates consistent with the Current City Datum are shown on the Final
Plat to the nearest one-hundredth of a foot (0.01') for all property boundary corners, angle
point(s), and for all point(s) of curvature/tangency.
3. The following curve data for the site boundary, and for all lot lines and easement boundaries,
shall be shown on the Final Plat. All angular measurements shall be to the nearest second and all
distances to the nearest 0.01':
a. Are length.
b. Chord length.
c. Chord bearing.
d. Central angle (delta).
e. Radius.
4. The Section Tie control points shall be on the Current City Datum and shown using (ground)
modified State Plane distances and bearings with the Latitude/Longitude and modified State
Plane coordinates shown per City of Wheat Ridge published values. All associated property
boundary corners shall be in modified State Plane values consistent with the Current City
Datum; a minimum of two (2) property boundary comers of the site shall be tied to any of the
three (3) following control point types within the City of Wheat Ridge network:
a. Section comers.
b. Quarter-section corners.
c. City of Wheat Ridge Permanent High Accuracy Control (PHAC) points.
5. A Basis of Bearing Statement shall be shown specifying the two (2) City of Wheat Ridge
monuments selected to establish the modified State Plane (Current City Datum) bearings used
for the Plat. Specify the City monument identification number, the Current City Datum
coordinates and the Latitude/Longitude for each of the two monuments used for the Basis of
Bearing, and show the modified State Plane distances and bearings between them.
Rev 04/09
6. The following information is included on the Plat for all monuments used:
a. The City-based monument identification number.
b. Modified State Plane coordinates on the current City Datum (as supplied by the City).
7. Provide two (2) 24"X 36" paper copies positioned correctly on the Current City Datum as listed
on this Plat, with all bearings relative to the Current City Datum Basis of Bearing, and all
coordinates relative to said Current City Datum.
8. A digital file of the Final Plat, in AutoCAD 2004-2007 DWG format, has been provided with
the Plat submittal on CD-ROM or DVD-ROM.
9. A Closure Report showing the error of closure for the platted area was provided with the plat
n submittal. The error of closure shall not exceed 1:50,000 for all linear and angular (bearing)
6~%/~ measurements per Section 26-407-D of the City of Wheat Ridge Municipal Code of Laws.
J k The following statement is included on the plat: "Per Colorado Revised Statutes Sec. 38-51-106
(L), all lineal units depicted on this Land Survey Plat are U.S. Survey Feet. One Meter equals
39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and
Technology. "
11. Per C.R.S. 38-52-106, the Final Plat shall contain a Statement of Accuracy, as defined by the
National Ocean Survey/National Geodetic Survey, used to derive the coordinates shown on the
Final Plat.
The form of the Statement of Accuracy shall be:
The geodetic point coordinate data shown herein has been derived from the Colorado
Coordinate System of 1983, Central Zone 0502, and has a horizontal Accuracy
Classification of , 01V U.S. Survey Feet at the 95% Confidence level, as defined
in the Geospatial Positioning Accuracy Standards of the Federal Geodetic Control
Subcommittee (FGDC-STD-007.2-1998).
I hereby acknowledge all the above requirements have been addressed in a full and complete
manner.
7tigLa U/ Flxm(;61~Y
Surveyor Name (Please Print)
Firm Date
For information pertaining to Section and Quarter Corner information, PHAC points, benchmarks, or for
general City surveying monumentation information, please visit the City of Wheat Ridge website at:
www.ci.wheatridee.co.us
Or contact the Department of Public Works, Engineering Division at 303.235.2861.
Rev 04/09
Tom,
Last month 1 received an email from Glenda that contained the cross access easement language
on the E.S. Allen Subdivision that you and I had previously discussed. I responded, shortly there
after and am now following up to that email. In my response to Glenda's email, I stated that it
was determined the cross access easement language was not necessary to be included on the
plat. In addition, the email also stated that the drive accesses on the southern lot did not need to
be shown graphically either.
It is up to the discretion of Mr. Allen if he would like to keep the language and graphics on the
plat. In either case, it will not affect the plat or the timeline to be heard in front of the Planning
Commission and City Council in anyway. However, we are still awaiting the re-submittal of the
comments to the plat made by the Planning and Public Works Departments made in May. With
the minor corrections that were needed, it is anticipated we can schedule hearings before the
Planning Commission and City Council upon the re-submittal of the plat. The sooner the re-
submittals are received the sooner the hearings can be scheduled and the subdivision complete.
If you have any additional comments or questions, please do not hesitate to a in contact with me
Thanks,
Adam Tietz
Planner
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2845
Fax: 303-234-2857
www.ci.wheatridae.coms
City of
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111NWi DiV6IOMU N I'
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.
P ~1da
City Of 7500 West 29th Avenue
Wheat,R Wheat Ridge, Colorado 80033
CMMUNITy DEVELOPMENT 303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date: April 9, 2009 Response Due: April 27, 2009
The Wheat Ridge Community Development Department has received a request for approval of
a two-lot minor subdivision at 3885 Upham Street. No response from you will constitute having
no objections or concerns regarding this proposal.
Case No.: MS-09-02/Ripp
Request: The request is to subdivide the single lot at 3885 Upham Street, approximately 2.35
acres in size. The subdivision will create one 65,080.5 square foot lot and one
37,092.2 square foot lot. The newly created lot on the south will be vacant.
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: Adam Tietz Voice: 303-235-2845 Fax: 303-235-2857 Email: atietz@ci.wheatridge.co.us
Wheat Ridge Water District Wheat Ridge Police Department
Wheat Ridge Sanitation District Wheat Ridge Public Works
Wheat Ridge Fire District Wheat Ridge Urban Renewal Authority
Wheat Ridge Economic Development Xcel Energy
Page 1 of 1
Adam Tietz
From: Patrick Goff
Sent: Tuesday, May 05, 2009 8:35 PM
To: Adam Tietz
Subject: 3885 Upham Street Subdivision Request
Adam,
The Wheat Ridge Urban Renewal Authority has no objection to the 3885 Upham Street Subdivision request
Thanks
Patrick Goff
Deputy City Manager
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2805
Cell Phone: 303-995-6465
Fax: 303-235-2805
www.ci.wheatridee.co.us
City of
Wheat
CITY MANAGER'S OFFIGG
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.
05/06/2009
Xcel EnergysM
PUBLIC SERVICE COMPANY
April 29, 2009
City of Wheat Ridge
Community Development
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn: Adam Tietz
Re: Ripp
Siting and Land Rights
550 le Street, Suite 700
Denver, Colorado 80202-4256
Telephone: 303.571.7799
Facsimile: 303.571.7877
Public Service Company of Colorado has reviewed the plans for Ripp. As always, thank you for the
opportunity to take part in the review process. To ensure that adequate utility easements are available
within this development and per state statutes §31-23-214 (3) and 30-28-133(e), Public Service Company
requests that the following language or plat note be placed on the preliminary and final plats for the
subdivision:
Eight-foot (8) wide dry utility easements are hereby dedicated on private property
adjacent to the front and rear lot lines of each lot in the subdivision. In addition,
eight-foot (8') wide dry utility easements are hereby dedicated around the
perimeter of tracts, parcels and/or open space areas. These easements are
dedicated for the installation, maintenance, and replacement of electric, gas,
television cable, and telecommunications facilities (Dry Utilities). 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 dry utility easements.
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
progresses.
Please note: For clarification of the Company name, Xcel Energy is only the holding
company or "brand" for Public Service Company of Colorado. ALL utility facilities and
related rights, including fee property, easements, permits, etc., are owned and operated
by Public Service Company of Colorado, a Colorado Corporation.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at
10800-922-1987 for utility locates prior to construction
provided to the subdivisions.
The developer must contact the Builder's Call Line at 1-800-628-2121 and complete the application
process. It is then the responsibility of the developer to contact the Designer assigned to the
project for approval of design details in order to provide gas and electric service to this project.
If you have any questions about this referral response, please contact me at (303) 571-7735.
Thank You,
Kathryn Bauer
Contract Right-of-Way Processor
Wheat Ridge Sanitation District
7100 West 44th Avenue, Suite 104 P.O. Box 288
Wheat Ridge, Colorado 80034-0288
Phone: 303-424-7252 Fax: 303-424-2280
April 20, 2009
Mr. Adam Tietz
Community Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Re: Community Development Referral Form
City of Wheat Ridge Case No. MS-09-02/Ripp
Dear Mr. Tietz:
This letter is in response to your request for confirmation of the availability of sanitary sewer service for
the above requested subdivision. By supplying this information, the Wheat Ridge Sanitation District
(District) is not liable for the misidentification or misrepresentation of the property. The location of the
property is based solely on the description provided by the requestor, and the District is not responsible
for the way in which this information is used or disseminated.
The property is entirely within the boundary and service area of the District. The District collection
system in this area consists of an 8-inch sanitary sewer main line within Upham Street to the east of the
property. Treatment of sewage generated within the District is provided by the Metro Wastewater
Reclamation District.
The District will be able to serve the subdivided properties with respect to sanitary sewer service. The
District's Rules and Regulations are available to the owner upon request. As the requirements largely
depend on construction plans for the lots, the District requests that the owner provide additional
information if and when any changes or further development plans are available. If you have any
questions, please feel free to contact me at your convenience. My telephone number at Martin/Martin
Inc. is 303-431-6100 x322.
Sincerely,
William A. Raatz, P.E.
Associate, Martin/Martin Inc.
District Engineer, Wheat Ridge Sanitation District
Cc: Sue Matthews - Wheat Ridge Sanitation District
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29`h Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant 3885 Upham Properties, LLC Address 2932 Fenton St., Phone
Citv Wheat Ridge, C" State Colorado Zip 80214 Fax
Owner 3885 Upham Properties
Address 2932 Fenton St.
City Wheat Ridge State Colorado Zip 80214
Contact Thomas R. Ripp Address 4315 Wadsworth Blvd. Phone 3-423-7131
City Wheat Ridge State Colorado. Zip 80033 Fax 3-423-7139
(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): 3885 Upham Street, Wheat Ridge, CO 80033
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat KtSubdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval ❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of request: Divide the property located at 3885-3895 Upham Street
thereby creating two lots One lot will have the current improvement located upon it
and the other south lot comprising approximately 37,092.2 square feet will be vacant.
Required information:
Assessors Parcel Numbt
Current Zoning: RC
Current Use: nffi,,
North: 65,080.5
Size of Lot (acres or square footage) South: 37, 092.2
Proposed Zoning: RC
Proposed Use:C)ff
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 from the owner which approved of this action on his behalf.
Signature of Applicant qq
3885 Upham Proper ub ribed and swor me this day of 20
by: Thomas R. Ripp, authorized age n r '44- ~ /t I e0
tary Public
tkOTARy'•,O
y commission expires
To be filled out by staff: tP?- PUBLIC
~ / dtt 9e'•...C...
Date received Fee Rpece &Cz3 Case No. 01
Comp Plan Desig. Zoning -Ci - Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager
ti~O~ WHE4T ~
i
u m
CO~ORA~O
The City of
Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Planning Department 303-235-2846
NOTICE TO MINERAL ESTATE OWNERS
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 shall constitute sufficient grounds to reschedule your public hearing.
I, Thomas Ripp as authorized agent of/with 3885 Upham Properties, LLC
(Print name) (Position/Job Title) (Entity applying for permit/approval)
(hereinafter, the "Applicant"), do hereby certify that notice of the application for
subdivision Minor (less than 5 lots) set for public hearing on
(describe type of application)
200, has been sent to all mineral estate owners at least thirty (30) days
before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records
of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion
of the property subject to the above referenced application.
x Check here if there are no mineral estate owners of any portion of the subject property.
I hereby further certify that I am authorized by the Applicant to make representations contained herein and act
as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these
representations by my signature below.
Dated this 3 day of April 200 9
3885 Upham Propertt
ALTA Commitment (6/17106)
COMMITMENT FOR TITLE INSURANCE
Issued by
stewart
title guaranty company
Stewart Title Guaranty Company, a Texas corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements, all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
ALTA Commitment Form
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
Authorized Countersignature
Stewart Title of Colorado - Denver Division
50 S. Steele Street, Suite 600
Denver, Colorado 80209
Phone Number: (303) 331-0333
Agent ID: 0600-56
q t
title guaranty company Al . x . .
X,
Senior Chairman of t e Board
Chaim s ~
President
Order Number: 90186889X
ALTA Conmtitmeut (6/17106)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: June 29, 2009, at 5:30 PM
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's
Proposed Insured:
NONE.
(b) A.L.T.A. Loan
Order No.: 90186889X
Amount of Insurance
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
3885 Upham Properties, LLC,
a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
The Northwest quarter of the Southeast quarter of the Southwest quarter of the Southeast quarter of
Section 23, Township 3, South, Range 69 West, together with any and all rights in Easement for
private roadway conveyed in agreement recorded April 13, 1925, in Book 270, at Page 543, and
together with an additional 10 feet described in Deed recorded May 24, 1928, in Book 306, at Page
460,
County of Jefferson,
State of Colorado.
Purported Address:
3885 Upham St.
Wheat Ridge, Colorado 80033
STATEMENT OF CHARGES
These charges are due and payable
before a Policy can be issued:
Commitment Fee: $500.00 (PAID)
(Sch. # 025824 )
Order No.: 90186889X SteWaPt
ALTA Commitment (6/17/06) - Schedule A te
Page 1 of 1 title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - Section 1
REQUIREMENTS
Order Number: 90186889X
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
THIS COMMITMENT IS ISSUED FOR INFORMATION ONLY.
Order No.: 90186889X Stewa t
ALTA Commitment (6/17/06) - Schedule B 1 title guaranty company
Page 1 of I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 90186889X
The policy or policies to be insured will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the
public records or attaching subsequent to the effective date hereof, but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes, assessments and unredeemed tax sales.
9. Restrictions as contained in Deed recorded May 24, 1928, in Book 306, at Page 460.
10. Terms, conditions, provisions and obligations contained in Development Agreement, recorded
August 16, 1979, at Reception Number 79074204.
11. Easement and right-of-way granted to Mountain States Telephone and Telegraph Company, by
instrument recorded January 31, 1980, at Reception Number 80007959.
12. Any assessment or charge by reason of the inclusion of subject property in the Wadsworth Town
Center Urban Renewal Plan as disclosed by instrument recorded November 20, 1991, at Reception
Number 91108123.
13. The following matters disclosed by Improvement Survey Plat prepared by Colorado Engineering &
Surveying, Inc., as Job Number CES 2008-1143, to wit:
Order No.: 90186889X r ew t
ALTA Commitment (6/17/06) - Schedule B 2 L-.title guaranty ccmpany
Page 1 of 2
a) Easement and right of way for power lines, over the Eastern portion and the Southeast corner of
subject property,
b) Encroachment of the concrete and chain link fence onto the property adjacent and to the North
of subject property,
c) Apparent Easement for right of way to the property adjacent and to the South over the dirt
access,
d) Encroachment of wood fence, appurtenant to the property adjoining on the South, onto subject
property.
14. Deed of Trust dated April 29, 2008, executed by 3885 Upham Properties LLC, a Colorado limited
liability company, to the Public Trustee of Jefferson County, to secure an indebtedness of
$1,970,000.00 in favor of Guaranty Bank and Trust Company was recorded April 29, 2008, at
Reception Number 2008041233.
NOTE: Assignment of Rents recorded April 29, 2008, at Reception Number 2008041234.
15. Easement Deed and Agreement recorded April 29, 2008, at Reception Number 2008041235.
16. Addendum to Contract recorded April 29, 2008, at Reception Number 2008041236.
17. Agreement for Partial Release recorded April 29, 2008, at Reception Number 2008041237.
order No.: 90186889X SteW81"'t
ALTA Commitment (6117/06) - Schedule B 2
title guaranty company
Page 2 of 2
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge
to the Company in writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or
if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claim or other matter, the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability previously incurred
pursuant to paragraph 3 of these Conditions and Stipulations.
3. 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 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.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
httn Wwww.alta.org/~.
stewart
title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
Fred Miles
Kevin D. Peters
Jim Miles
Carol A. Manteuffel
Elizabeth M. Merritt
June S. Santiago*
'also licensed in Wisconsin
Nancy P. Tisdall
Special Counsel
303.892.9900
303-892.6699 (FAX)
www.mphealthlaw.com
A T T O R N E Y S A T L A W
1430 LARIMER SQUARE SUITE 400
DENVER, COLORADO 80202
March 9, 2009
Meredith Reckert
City of Wheat Ridge
Community Development
7500 West 29`h Avenue
Wheat Ridge, Colorado 80033
Re:
Dear Ms. Reckert:
beffn
Lot Division/Small Scale Subdivision For
3885-3895 Upham Street
I am writing on behalf of my client, 3885 Upham Properties, LLC, regarding the above-
referenced matter. With respect to the application to divide that property into two lots as
depicted on Exhibit 1 to the Power of Attorney, which is included with this correspondence,
Thomas R. Ripp of the law firm of Boatright & Ripp, LLC is authorized to represent my client,
3885 Upham Property, LLC, in the application for the division of the lot. As seen in the Power
of Attorney, Mr. Ripp is not authorized to commit my client to expend any funds or take any
action other than to obtain city approval for the lot division/small subdivision as set forth in
Exhibit 1 to the enclosed Power of Attorney.
If you have any questions, please do not hesitate to contact me.
Sincerely,
KDP:mm
enclosures
MILES & PETERS, PC
oe~
Kevin D. Peters
c: Thomas R. Ripp, Esq.
Mar 04 2009 4i43PM MILES AND PETERS 3036526699 P.3
POWER OF ATTORNEY
(REAL ESTATE)
I, 3885 UPHAM PROPERTIA% LLC, of the County of JEFFERSON' State of Colorado. do make,
T1 QMAS L. RIPP, of the County of JEFFERSON, State of Colorado. to act as its true and lavlful am
name, place, and stead for the sole use and benefit of obtaining a lot division/small scale subdivisio
EXHIBIT 1. This power of attorney does nor authorize the attorney-in-fact to expend any funds on be]
to obligate the principal in any way other than to obtain the approval of the division of property Into t
attached EXHIBIT 1, from the City of Wheat Ridge.
EXECUTED on ~k 2, I .
PRINCIPAL
3885 UPH.AM PLOPERTIES, LLC
STATE OFC0L0RAD4
By:
Print
County of JEFFERSON J\ I
The faregoing instnunent was acknowledged before me this day of )OR ,c>.'iby
the Principal.
Witness my hand and official seaL
i
My commission expires:
•Stnkc =writing to fact
_S i✓,I a s'
nstitute, and appoint
tey-in-fact and in its
as seen on attached
If of the principal or
o lots as set forth in
.a„fZ
No, 341L Rev. 2.99. POWER OF ATTORNEY (REAL ESTATE) (DURABLE) (Page l or r)
REST MIN mqK
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(2 THUS vuT RcF.csEUr; A ROIINNH, s,"V or THE PfRCELS
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City of
Wheat -Midge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29ih Ave.
May 7, 2009
Mr. Ronald Flanagan
Colorado Engineering and Surveying Inc.,
3740 South Sherman Street. #2
Englewood, Colorado 80113
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Re: Review comments for the E. S. Allen Subdivision Plat
Dear Mr. Flanagan:
The subdivision plat for the property located at 3885 Upham Street has been received. After the first
review of the documents, I have the following comments. Please see the attached redline plans for
further details.
1. Zoning, lot numbers, and subdivision names are required to be shown for all lots adjacent to
the subdivision.
2. Standard utility easements should be shown on the plat. The easements should be 5 feet
wide along the north and south property lines and 10 feet wide along all east and west
property lines. These areas are indicated by the dashed lines. The easements should also be
labeled on the final plat.
3. Standard Easement Language should be added to the plat. The language should read, "Ten-
foot (10 ) wide easements are hereby granted on private property adjacent to all public
streets and front and rear property lines of each lot in the subdivision or platted area. 5 -foot
(5 ) wide easements are hereby granted on private property adjacent to all sided lot lines of
each lot in the subdivision or platted area. These easements are dedicated for the
installation, maintenance and replacement of electric, gas, television cable, drainage and
telecommunications facilities. 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 utility easements.
4. A cross access easement will be required between lot 1 of the E. S. Allen Subdivision and lot
2 of the E.S. Subdivision to the north, as well as 7323 W. 38th Ave to the south. If one or
both accesses are only temporary, this will need to be indicated on the plat as well as a
separate note on the plat. The note will need to identify a time frame of when the easement
expires.
The area of the cross access easement is shown by the "dot pattern" on the plat. The
easement should also be labeled on the final plat.
5. Cross Access Easement Language should be added to the plat. The language should read,
"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,
www.ci.wheatridge.co.us
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.
6. In the owners certification block, please replace "OWNER, EDWIN S. ALLEN" with the
actual name of company which owns the land and the name of the company's representative
and address. A second signature block should also be provided for the second owner.
7. Please add to the "Case History" box with the following case number: MS-09-02.
Other items of concern:
1. City policy requires title insurance for all subdivisions of land. The title commitment shall
be provided with title insurance policy (to the benefit of the City) that is current to 30 days
provided at the time of submittal of the subdivision plat for Mylar recording.
2. Attached are referrals received from other city departments and outside agencies regarding
the plat document.
Please address each of these comments and redline corrections by revising the plat document
accordingly. A public hearing before Planning Commission has been set for April 2, 2009. Upon
the correction of all discrepancies, please submit 18 full-size copies (folded) of revised plat to the
Community Development Department by May 25, 2009. Please note that an electronic copy and
11x17 reduction of the plat is required with the resubmittal.
For clarification on any of these issues, please feel free to contact me at 303.235.2845
Sincerely,
Adam Tietz
Planner, Community Development Department
City of Wheat Ridge, Colorado
p. 303.235.2845
atietz c@ci.wheatrid eg co.us
October 15, 2007
c: MS-09-02 case file
Thomas Ripp
V/C/N/TYMAP
F r~{/~~r ~r~2 ~ranz_~sra~ n nn N 1~~
1 " = 1000
WEST 44TH AV _ r L
0
Q L
J ~ N 1
m Q D ~ U Y
Z W Q ~ I ~ W ~ W
~ ~ ~ a ~ _ PQG~~~I~~~((~F~G;IL~I~~A/40ol~~GG7~O~nM~~, ~~~G~J~~70p~~~~/1~~7,G~QGYI~L~~~ NG,~ G~'OR9/n~l~Ol~dGl~I~GG'~OM, ~7~117~L~0/~C~OoQOaG~~1D~
O
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~ SITE 0 Q ,+r i
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~R- r _
WET 38TH AVE
~ FOUND PIN/CAP
OWNERS CERT/F/CA TE ~S141 12
I, E WIN S. N BEING THE OWNER OF REAL PROPERTY . A TT~f1 ~ ~n~n
CO CRES DESCRIBED AS FOLLOWS: u~vr~r~..tu ~Hia~.
2.31 Q t
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER o`np EDW/N S ALLEN 1 `
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE f>9 WEST, cri 39 75 UF'H.4M ST.
TOGETHER WITH ANY AND ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED r°~' PARCEL ! D. #39-234-00-083
IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, AND TOGETHER ZONI/VG .R3
WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928 s`
IN BOOK 306, AT PAGE 460.
COUNTY OF JEFFERSON, STATE OF COLORADO.
c sta• ~o' 1 1 " UU z~~ nz' _ -
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
''LL
BEGINNING AT THE SOUTHWEST CORNER OF THE NW1/4 SE1/4 SW1/4 SE1 j4 OF SECTION 23, L.
TOWNSHIP 3 SOUTH; RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNED OF THE SE1/4 ~ ~ 1
BEARS S63°00'47"W, A DISTANCE OF 737.55 FEET; i
st.
THENCE N89°38'48"E ALONG THE SOUTH LINE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTAN OF 329.12 FEET;
t
T. ~rn~nr n~nn•~ ~~nz'h~~ nnin nnoni i ~i IAIITLJ -ruc CACT i i~ic nc cnin hI1Al1 /n cc~ c~e~~ c['~ /
1 f-ICIVI.G IVVV i J VJ VV /11VU t~Hf\/1LLGL VYI I II I I IL L/'1.71 LIIVL VI .~/'11L1 IVYV I ~ `t ~L I ~ 't .~YV 1 ~ "t .)L I ~ ' A DISTANCE OF 330.52 FEET; JL I ~ T~ ~ n / l.!/~.J1._! v~ uLr~i ~~i ~v.~. # r 1 I P® J Y P®9 1 !m1 h P'°" h /^I J R l 1 I I I ~.Ia _ ,A l_ 1 4 /'"1 a►\M~f
~J SOUTH LINE SECTION 23, BEING BOUND BY THE MONUMENTS WHEAT SHOWN HEREON AS N89'38 24 E, AS ESTABLISHED BY THE WHEAT s~~.ics M~IFIE~~lA~PI AN~~(;URBEI~T CIT.~AT~Y TIE ~97n~ ii1 rr n i r err it Ir i to n v. ® ■ o et,t m o ~ a.l fr rr-^~xwr in re •
i • ~""1 ~ ,,.,.y
THENCE S89°39' 1 1 "W ALONG THE NORTH LINE OF SAID NW1 /4 SE1 /4 SW 1 /4 SE1 /4, A DISTAN OF 329.03 FEET; i a ttj ♦ ) rrrr+
THENCE S00° 12'07"E ALONG THE WEST LINE OF SAID NW 1 /4 SE 1 /4 SW 1 /4 SE1 /4, A DISTANCE
OF 330.55 FEET, TO THE POINT OF BEGINNING, i ~V•~~~
s-
COUNTY OF JEFFERSON, STATE OF COLORADO. w
Q •
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWIN~~ HEREON ~ EAST E W 1 /2 ~ E 1 14
CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A F
SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE
PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THc~SE V~
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND QO FURTHER DEDICATE 11.
TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY i i t
FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY `.SHOWN AS
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES 8UT IS NOT LIMITED TO TELEPHONE
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRiaNTS, STORM
WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL t Li ~
APPURTENANCES THERETO.
7
TANCE ~7 THE TOTAL AREA OF THE SUBDIVISION IS 100,506.3 SQUARE FEET z N~ ,
OR 2.3073 ACRES. THE TOTAL NUMBER OF TRACTS IS 1 AND THE ~p~- TOTA~ N~ ~"~BER OF LOTS !S 2.
OWNER EDWIN S. ALLEN ~j.~~ r~~.~ ,~P,,,~P,~~-~~.p
J
STATE OF COLORADO 51AnJc~~! ~~~~N1~'~ 4~~1~~~~~ t~
(Noac~re, c~ C p C.oe~r~ R.c1~ c~'`.I~.~
ss PLAN/V/NG COUNTY OF JEFFERSON )
RECOMMENDED F THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS '
s
~~~s~~~~~N~'~~~~i~~~
DAY OF A.D. 20 BY _I w
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON Utz f ~
tt~
t
NOTARY PUBLIC
x3 _1 _
'r 1
S~RVEYO C/TY CERT/F/CAT/ON RONALD w. F~ APPROVED THIS DAY OF 20 THE BOUNDARY UNDER MY DIRE WHEAT RIDGE CITY COUNCIL. INFORMATION AN COLORADO STATU . o~ , N 6~ 55 i
'I~~ r s
L - ~
i ~
ACCOMPANY►NG ATTEST i
. f iri
r.
CITY CLERK MAYOR
101 ~?k DRN. BY CHK. BY BATE
zJ (SEAL -3 NO. DESCRIPTION
dPN ~a. PLAT ;R RWF 12/17/08
COMMUNITY DEVELOPMENT DIRECTOR v JEFFERSON COUNTY CLERK AND RECORDER
"toff ~e -NY
CASE HISTORY
DIRECTOR OF PUBLIC WORKS RONALD W. FLAN,
C9
FLANAGAN RPLS 26958 DATE SIGNED BY:
DEPUTY J
COLORAD
16 A Tl~ T,,XT(yT"NTT,T,nT"N Tf-I 0. 0TTn17T~Z7TTx TCl TNTCl 0 A r1(1 0n 0TTT--jl nAI A XT Ql-
~r
City of
j Wheat~dge
PUBLIC WORKS
City of Wheat Ridge Municipal Building
April 17, 2009
7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857
Mr. Ronald W. Flanagan, P.L.S.
Colorado Engineering & Surveying, Inc.
3470 S. Sherman Street, #2
Englewood, Colorado 80113
303.761.8055
Re: First Review Comments of the Final Plat for the E.S. Allen Subdivision.
Dear Mr. Flanagan,
I have completed the first review of the above referenced document received on April 9, 2009,
for the proposed subdivision located at 3885 Upham Street and have the following comments:
FINAL PLAT
1. While I acknowledge the telephone conversation we had regarding the use of
conventional surveying methods vs. GPS, and the Statement of Accuracy being more
geared towards GPS surveys (which you've demonstrated can still be used for
conventional surveys), the entirety of the information found on the Geodetic Surveying
Requirements for Final Plats checklist must be included on the plat. The City is on a
modified form of the NAD83/92 State Plane system, and it is important to include the
specific coordinate system info on all plats, irregardless of the surveying methodology
employed in the survey (I have attached a copy of the Checklist for your convenience).
2. The owner is shown to be Edwin S. Allen. On April 29, 2008, title to the property located
at 3885 Upham Street was transferred by Warranty Deed (Rec. #2008041232) to 3885
Upham Properties, LLC, A Colorado Limited Liability Company. Provide the name and
title of the company representative (the signatory) and the correct ownership information.
3. Comments pertaining to the General Notes:
a. In Note 1, please double-check the date the survey was done on March 20, 2006.
b. Note 2 states that no title work was done. The plat will not be approved without a
title search, either by you or by a title company. If a title company performs the
work, please reference the name of the title company and the Title Policy or
Commitment number.
c. In Note 6, the line used in the Basis of Bearings is the south line of the SE'/a of
Section 23. (Be sure to include the'/4 section info).
4. Please include the City-designation monument numbers for the two section corners. The
SW corner of the SE 144, Section 23 is #15709, and the SE comer is #15809.
5. Need to correct the easting for monument #15809 (SE Corner Section 23).
6. The City's section-tie requirements state that two different property comers must be tied
to the section (please refer to item #4 of the Geodetic Surveying Requirements for Final
Plats).
www.ci.wheatridge.co.us
I
Public Works Engineering
April 17, 2009
Page 2
7. Please identify to whom the "10' ROW Easement" shown on the northwesterly portion of
the subject property belongs to or is in favor of (i.e., Mountain States Telephone &
Telegraph Company). This will assist future readers understand this is not public ROW
but rather belongs to a specific utility.
8. Identify the existing ROW width on Upham (or if it cannot be determined, show as
"ROW VARIES").
9. If the "FOUND PIN/CAP" and "FOUND PIPE" to the north of the subject property have
been accepted as property corners for the parcel located at 3915 Upham Street, please
show the property line connecting them (see redlined plat for clarification).
10. Need to show the standard Drainage & Utility Easements along the perimeter of the
boundary of Lot 1. The City-standard easements are 5'-wide along the side lot lines and
10' along the front and rear. (Since it is already fully developed, no easements will be
required for Lot 2).
11. Please double-check the area shown in the Legal Description as it seems to be a bit off,
and include both the square footage (rounded to nearest square foot) as well as the
acreage in the Legal.
12. In the Legal Description, the "County of Jefferson, State of Colorado" needs to be moved
up a line, to the end of the first paragraph, and also deleted at the end of the Legal (please
refer to the redlined plat).
13. The scale bar should indicate the map units are in "U.S. Survey Feet".
14. Include the Case Number, MS-09-02, in the Case History Box.
NOTE: Apparently no development is currently being proposed for the southerly lot (Lot 1).
Please be advised that upon submittal of a Building Permit Application for Lot 1, a
Detention Easement will be required for the on-site detention facility needed to address
current drainage regulations. This may mean either a replat of Lot 1, or possibly a
separate instrument which fully describes and includes a graphical exhibit for the
proposed detention easement area.
Please submit for review and approval two hardcopies and one electronic file of the
revised Plat in AutoCAD 2004-2007 DWG format on CD/DVD-ROM.
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
Adam Tietz, Planner I
File
www.ci.wheatridge.co.us
ES Allm Subdivision-revi.w1.1tr.doc
VlC/N/TYMAP N E o► ~ /a~
Fc~u ~ a F v~~T~ ~ Ott _ A_ _ A
1 = 1000 i i
pa~~o~~oc~~~r~~~ ~o~ ~~~c~~~ao~~~9 ~o~a~~a~~ ~oc~~~ ~Q~c~~~~ ~c~~ ~o~a~o~~~~~c~~~o~9 ~~Q ~c~ o~c~o~o~QO~
WEST 44TH AV
0
Q
w ~ N J ~ ~ ~ ~
O ~ ~ w LEGEND
Q~ Q p ~ U
Z a W ~ ~ INDICATES SUBJECT PROPERTY LINE.
~ ~ ~ ~ d O
INDICATES LOT LINE BOUNDARY. L
o SITE
Q INDICATES FOUND OFFSET CHISELED 1
WET 38TH AVE Q INDICATES SET 24" REBAR WITH CAP
MARKED ~S26958 -
~ INDICATES FOUND PIN AND CAP AS STATED HEREON =
a
OWNERS CERT/F/CA TE ~ 0' 20' 40' 60
p ,
GENERAL NOTES ~ ~~s SCALE: ~ " = 40 ~
I, EDWIN S. ALLEN, BEING THE OWNER OF REAL PROPERTY i~ DATE OF FIELD WORK: 3 - 20 - 2006
CONTAINING 2.35 ACRES DESCRIBED AS FOLLOWS:
~ , 2 THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER COLORADO ENGINEERING & SURVEYING, INC. TO DETERMINE WHEATR ~~.(.5 OWNERSHIP AND EASEMENTS OF RECORD. 3900
OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST,
TOGETHER WITH ANY AND ALL RIGHTS IN EASEMENT FOR PRIVATE ROADWAY CONVEYED ~~Pr~v~'t' ~~'O THE GEODETIC POINT COORDINATE DATE SHOWN HEREIN HAS ZON/NG
IN AGREEMENT RECORDED APRIL 13TH, 1925 IN BOOK 270 AT PAGE 543, AfJD TOGETHER WITH AN ADDITIONAL 10 FEET DESCRIBED IN DEED RECORDED MAY 24, 1928 ~jvl~~, BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF
1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY
IN BOOK 306, AT PAGE 460j ~~~~N~~ CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95~
N'V CONFIDENCE LEVEL, AS DEFINED BY THE GEOSPATIAL POSITIONING
OUNTY OF JEFFERSON, STATE OF COLORADO. ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL
SUBCOMMITTEE (FGDC-STD-007.2-1998). r
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: O ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY L
LEGAL ACTON BASED UPON ANY DEFECT IN THIS SURVEY
BEGINNING AT THE SOUTHWEST CORNER OF THE NW1/4 SE1/4 SW1/4 SE1/4 OF SECTION 23, J 23, WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH ~i-
TOWNSHIP 3 SOUTH, RANGE 69 WEST, FROM WHICH THE SOUTHWEST CORNER OF THE SE1/4 /4 DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON A~,~Y
BEARS S63°00'47"W, A DISTANCE OF 737.55 FEET; DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN ~"~~~hT YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. r~ :
~
THENCE N89°38'48"E ALONG THE SOUTH LWE OF SAID NW1/4 SE1/4 SW1/4 SE1/4, A DISTAN OF 329.12 FEET; z i
THENCE N00" 1 S"O,S W ANU PARALLEL WITH I HE EAST LINE OF SAID NW1 /4 S'= 1 /4 SW 1 /4 SE 1 / A DISTANCE OF 330.52 FEET; SE1 /4, U BASIS OF B p~ 7~ ~C.. `~f ~ i
SOUTH LINE ECTION 23, BEING BOUND B~1' THE MONUMENTS WHEAT SHOWN HEREON AS N89°38 24 E, AS ESTABLISHED BY THE WHEAT ISTANCE MODIFIED STATE PLANE (CURRENT CITY DATUM) BY THE 3830 CITY OF WHEAT RIDGE. PARCEL
•
THENCE S89°39' 1 1 "W ALONG THE NORTH LINE OF SAID NW1 /4 SE1 /4 SW 1 SE1 /4, A DISTAN OF 329.03 FEET; 1 r .i !l ~ ~ ~
n T/1TA1 nnrn T. rrrT ZON/N ,.~-o ;T
THENCE SQO° 12'07"E ALONG THE WEST LINE OF SAID NW 1 /4 SE1 /4 SW1 /4 SE1 /4, A DISTANCE
OF 330.55 FEET, TO THE POINT QF BEGINNING, r 1
r
C
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON
CONTAINED UNDER THE NAME AND STYLE OF E. S. ALLEN SUBDIVISION A I
SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY ~~`HESE 1 1
PRESENTS TO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE l
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE ii
TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY i
FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR AND 0
REPLACEMENT FOR ALL SERVICES. THIS INCLUDES 8UT IS NOT LIMITED TO T(=LEPHONE e
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM
WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. 1
~~~-mow` ~ ~ ~ ~ ~
OWNER EDWIN S. ALLEN D N ~;,~-~L
STATE OF COLORADO ~ ~ f
> ss PLAIVN/NG COUNTY OF JEFFERSON ) 1
r i
f
RECOMMENDED F THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
■ ~c
i
DAY OF A.D. 20 BY t
-
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: CHAIRPERSON r r
;
4=
NOTARY PUBLIC
v i f
~1. i
-
1 1 f ~
SUR vEYo C/TYCERT/F/CAT/4N RONALD w. F APPROVED THIS DAY OF 20 THE BOUNDARY UNDER MY DIREC WHEAT RIDGE CITY COUNCIL. INFORMATION AND 1
i e.
TVT~L IvVP~13E~; V~ LCTS IJ L. -
Y ~ }
COLORADO STATU ACCOMPANYING P ATTEST ~iuGt,v p c ~.t ~/~-r'~.~ ref ~ n>e~b s~'~2,,. Tf~~ ~ oAr~'7 L
r.~+ L f~ t 3
f~.~v r eta. ~'1~~73 ~ f~fr~l~C._..t ST°, i
ri~r~r ri FRS nnaYnR ~
REVISIONS
FAL z act NO. DESCRIPTION DRN. BY CHK. BY DATE
"s PLAT SR RWF 12/17%08
COMMUNITY DEVELOPMENT DIRECTOR 4 JEFFERSON COUNTY CLERK AND RECORDER
1§1 1 CASE HISTORY
DIRECTOR OF PUBLIC WORKS RONALD W. FLAN/
COLORAD ST. #2, ENGLEWOOD, COLORADO 80113 (303)-761-8055
CLOSURE REPORT
E S ALLEN SUBDIVISION
CITY OF WHEAT RIDGE
4/4/2009 14:31
COURSE BEARING DISTANCE
PT#
NORTHING EASTING DESCRIPTION
7
706158.171900
119100.484438
POB SW Corn
7-5
N 89°38'48" E 329.116405
5
706160.201931
1119429.594581
SE Corn
5-3
N 00°13'03" W 330.516465
3
706490.716013
119428.339300
NE Corn
3-1
S 89°39'11" W 329.025428
1
706488.724300
119099.319900
NW Corn ~C
1-7
S 00°12'07" E 330.554451
7
706158.171900
119100.484438
SW Corn
Closure error distance> 0.00000000
Error Bearing> N 90°00'00" E
Closure Precision> 1 in 1319212749222.358
Total Distance Traversed> 1319.212749
108769.3 SQ. FT.
2.50 ACRES
r
ADDENDUM TO CONTRACT
The following provisions constitute additional terms of that certain Contract to Buy and
Sell Real Estate (Contract) by and between Edwin Allen, Seller, and 3885 Upham
Properties, LLC Buyer (cumulatively referenced herein as the "Parties"), dated January
22, 2008 as amended February 5, 2008 and March 13, 2008 regarding that certain
property commonly described as 3885-3895 Upham Street, Wheat Ridge Colorado
(Property). The following provisions are "Additional Provisions" as referenced in
paragraph 25 of that Contract.
a) Seller shall grant to Buyer an easement as set forth and described in attached
Exhibit A.
b) The Parties recognize and agree that the Seller currently has an application
pending before the City of Wheat Ridge to subdivide the Property. That division is as
described in attached Exhibits B and C, which constitute a diagram of the proposed
division (Exhibit B) and a narrative of the proposed division (Exhibit C) which have
been submitted to the City of Wheat Ridge Planning Department. Exhibit B depicts
"Lot 1" and "Lot 2". The parties agree that the Buyer has no desire to acquire, nor is
it paying value, for "Lot 2". Due to the amount of time required to complete the
subdivision approval process (Subdivision), and given the desire of the Parties to
complete the sale and transfer of the Property at this time, the parties agree that the
sale of the Property will be consummated prior to the Subdivision being approved.
Buyer agrees to allow the Seller, in the name of the Buyer, and at the sole expense of
the Seller, to continue to pursue the Subdivision. Buyer agrees to reasonably
cooperate with the Seller in pursuing the Subdivision, including executing such
applications and related documents as may be requested of Buyer from time to time,
and to testify at any hearings that may be necessary to pursue the subdivision.
c) Upon approval of the Subdivision, Buyer agrees to convey "Lot 2" to the Seller
for $1.00 plus payment of all Buyer's costs associated with the holding of Lot 2,
including, but not limited to, real estate taxes, special assessments, insurance, and
maintenance. The parties agree to make a reasonable allocation of insurance and real
estates taxes to Lot 2. The allocation of the real estate taxes will be based upon the
taxes attributable to the land only to be prorated between Lots 1 and 2 without taking
into account the improvements. The payment for the allocation of the real estate
taxes will be subsequently reconciled to reflect the actual real property taxes for Lots
1 and 2 after the Subdivision is approved and the parcels are assessed separately. If
the amount paid for real estate taxes for Lot 2 at the time of conveyance is more or
less than the allocation of actual taxes based upon the subsequent property
assessment, Buyer will repay the overpayment to Seller, or Seller will pay the
underpayment to Buyer, within 30 days after the assessment (including the time to
resolve any appeals of such assessment, if applicable).
Page 1 of 2
4~je
d) Until the earlier of the date the Subdivision is approved or this Agreement is
terminated because the Subdivision was not approved within 60 months pursuant to
paragraph " f' below, Buyer agrees that the Property shall not be encumbered
(whether by voluntary or involuntary lien), other than to grant a first deed of trust lien
to Buyer's lender for acquisition of the Property. Buyer shall obtain the written
commitment of Buyer's lender to release "Lot 2" from its deed of trust lien at the time
of conveyance of "Lot 2" to the Seller. Said commitment shall be in recordable form,
and shall be recorded by the Seller. The commitment to grant a partial release of deed
of trust for "Lot 2" shall be binding upon the Buyer's initial acquisition lender, and
any successor in interest to the initial lender.
e) Until such time that Buyer conveys "Lot 2" to the Seller, Buyer agrees to keep the
entire Property insured with "all risk" insurance, and furthermore agrees to pay all
real estate taxes and special assessments that may be imposed upon the Property,
including "Lot 2". Furthermore, Buyer shall keep "Lot 2" well maintained at all times
and shall allow Seller to enter upon "Lot 2" for the purpose of pursuing the
Subdivision.
f) In the event that Seller is unable to obtain approval of the Subdivision within 60
months of the conveyance of the Property to the Buyer, Seller agrees to abandon its
efforts and "Lot 2" shall forever be the property of the Buyer, and Buyer's successor
in interest. "Approval" includes all efforts made by Seller for approval of the
Subdivision, whether by administrative or judicial process, or both.
g) In the event that "Lot 2" is conveyed to Seller as described above, then and in that
event an access easement shall be reserved to Buyer across parts of "Lot 2" in the
form of easement reservation set forth in attached Exhibit D.
h) The conveyance of "Lot 2" to Seller from Buyer, as described above, shall be by
way of special warranty deed, subject to the reservation of easement as referenced in
"g" above.
i) This Addendum maybe recorded with the Clerk and Recorder of Jefferson
County, Colorado. Buyer agrees to execute a recordable veision of this Addendum for
recording purposes. The obligations of this Addendum shall survive closing and shall
be binding upon Buyer and Buyer's successor in interest..
SELLER: BUYER:
3885 Upham Properties, LLC
~(CwGr ,
By: _
Edwin S. Allen y Mos - a; Manager
Moslecw, 'L-
Page 2 of 2
STATE OF COLORADO )
ss.
COUNTY OF`f1V--~~~ )
The foregoing instrument was acknowledged before me on this 29'x' day of April,
2008, by Edwin S. Allen.
Witness my hand and seal.
My commission expires: _ u ~ au f'
Public
BUYER:
3885 Upham Properties, LLC
By:
Jay Moskowita, Manager
STATE OF COLORADO )
1 ) ss.
IIU(~~~- )
COUNTY OF
The foregoing instrument was acknowledged before me on this 29`x' day of April,
2008, by Jay Moskowit , Manager for 3885 Upham Properties, LLC.
~IALZ-
Witness my hand and seal.
My commission expires: i~ 3 'Z J
Page3 of 3
EASEMENT DEED AND AGREEMENT
EDWIN ALLEN (Grantor), whose legal address is P. O. Box 1989, Wheat Ridge, Colorado,
80034, for good and valuable consideration, the receipt and sufficiency of which are hereby
confessed and acknowledged, does hereby convey unto 3885 Upham Properties, LLC, whose legal
address is 2932 Fenton Street, Wheat Ridge, CO 80214 ("Grantee") a non-exclusive parking and
access Easement (the "Easement".)
The Easement is for an area defined as a rectangle, having the following as its borders:
commencing at the northeast corner of the Dominant Estate (defined below), extending north
for a distance of 33 feet, then west along a line parallel to the northern boundary of the
Dominant Estate, for a distance of approximately 309.03 feet, then south a distance of 33 feet
to northwest corner of the Dominant Estate, then back to the point of beginning along the
northern boundary of the Dominant Estate.
The "Dominant Estate" is described as follows:
The northwest quarter of the southwest quarter of the southeast quarter of Section 23,
Township 3 South, Range 69 West, together with any and all rights in easement for private
roadway conveyed in agreement recorded April 13th, 1925 in book 270 at page 543, and
together with an additional 10 feet described in deed recorded May 24, 1929 in book 306,
page 460 in the County of Jefferson, State of Colorado.
The "Servient Estate" is described as follows:
The south one acre of the W 1/2, NE '/4, S W ''/4, SE ''/4, Section 23, Township 3 South, Range
69 West of the Sixth P.M. except the east 20 feet thereof conveyed to Jefferson County by
instrument recorded June 16, 1960 in book 1280 at page 392, Jefferson County. Colorado,
also known as 3915 Upham Street.
So long as the Easement is in force and affect, Grantee shall have non-exclusive use of the
Easement, for ingress and egress, parking of motor vehicles, or other means of human conveyance,
and access to mechanical systems installed on the Dominant Estate.
The Easement shall be an easement appurtenant to Grantee's Property, and shall inure to the
benefit of Grantee's licensees, tenants, invitees, and guests.
The Easement shall be irrevocable.
Grantee will indemnify and hold harmless Grantor, his successors and assigns, from any
liabilities arising out of the use of the Easement by Grantee, its licensees. tenants, invitees or guests.
A00 C-X14")t_1 -A-
26 ~~Iza
Grantee agrees to pay annually, when due, the real estate taxes attributable to the Easement, on a
prorated basis in terms of time and square footage, along with any special assessments that may be
assessed. Furthermore, Grantee agrees to name Grantor, his successors and assigns, as an "additional
insured" upon an "all risks", or equivalent, policy of insurance covering the Easement. Proof of
insurance shall be provided to Grantee, his successors and assigns, on an annual basis.
Upon transfer of title of the Servient Estate to an entity not controlled by Grantor, or his heirs,
or to an individual who is not an heir or blood relation of the Grantor, such Grantee of the Servient
Estate shall share equally in the expenses incurred as described in the preceding paragraph by the
Grantee of the Easement, along with said Grantee's successors.
Grantee agrees to be responsible for maintenance of the Easement, including snow removal,
and Grantee shall also keep the Easement area in good repair.
This Easement grant is subject to all prior liens, encumbrances, easements, restrictions,
reservations and rights of way affecting Grantors' property.
Grantor does not warrant access from any public right of way onto the Easement.
IN WITNESS WHEREOF, Grantors and Grantee have executed this Easement
Deed and Agreement this J-1 day of Ajj- \ 12008.
GRANTOR:
Edwin Allen ff
GRANTEE:
3885 UphAm Properties, LLC
By:
Managing Member
2
STATE OF COLORADO )
) ss:
County of -Pal)V aLU )
The foregoing was acknowledged before me on N o 22~ , 2008, by Edwin Allen.
WITNESS my hand and official seal.
My commission expires:
The foregoing was acknowledged before me on c Vl C ( 2008, by Jay Moskowitz,
managing member of 3885-3995 Upham Properties, LLC
WITNESS my hand and official seal.
My commission expires: 111 ? -2,, "IC
Notary Public
[SEAL]
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SURVEYORS CERTIFICATION
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JEFFERSON COUNTYSURVEYORS CERTIFICATE
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Narrative Description of requested lot
division/small scale subdivision
As seen in attached Exhibit A, the property owner, Edwin Allen, requests the right
to divide the property located at 3885-3895 Upham Street which is depicted on attached
Exhibit A. The blue highlight line depicts where the new demarcation line would be
separating "lot I" from "lot 2". Given the current meets and bounds legal description, the
new subdivision would create "lot 1 and lot 2 of Allen's Subdivision located in the
Lot 2 depicted on Exhibit A will be in excess of 39,000 square feet. The entire
parcel is currently zoned RC and the property owner requests that the RC zoning continue
to apply to both resulting lots.
Exkkkt31! Q-- I~J4~
DESCRIPTION OF RESERVATION OF EASEMENT
3885 Upham Properties, LLC, the legal address of which is 2932 Fenton Street, Wheat Ridge,
CO 80214 ("UP") reserves for itself a non-exclusive access Easement (the "Easement"), set forth and
described as a driveway depicted in attached Exhibit i(Ifor purposes of this reserved easement,
Edwin Allen, his heirs, successors and assigns, is the "Grantee".
For purposes of this reservation the "Dominant Estate" is described as follows
The northwest quarter of the southwest quarter of the southeast quarter of Section 23,
Township 3 South, Range 69 West, together with any and all rights in easement for private
roadway conveyed in agreement recorded April-13th 1925-in book 270-at-page-543 and -
together with an additional 10 feet described in deed recorded May 24, 1929 in book 306,
page 460 in the County of Jefferson, State of Colorado.
The "Servient Estate" is that property which will likely be described as "Lot 2, Allen's Subdivision"
after a subdivision approval by the City of Wheat Ridge, but for purposes of this document as an
exhibit to a contract of sale, the Servient Estate is described as follows:
The Northwest quarter of the Southeast quarter of the Southwest quarter of the Southeast quarter of
Section 23, Township 3, South, Range 69 West, together with any and all rights in Easement for
private roadway conveyed in agreement recorded April 13, 1925, in Book 270, at Page 543, and
together with an additional 10 feet described in Deed recorded May 24, 1928, in Book 306, at Page
460 less the following described property which shall be retained by the UP:
A PORTION OF THE SE 114 OF SECTION 23, T3S, R69W OF THE 6TH P.M, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT 7HE S'Y4 CORNER OF SECTION 23, THENCE ALONG THE
SOUTHSECTION LINEN 89°49'10" E A DISTANCE OF 959.13' TO A POINT, THENCE N 00°02'18.. WA
DISTANCE OF 450.95' TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING N 00° 02'18" W A
DISTANCE OF 210.00", THENCE 89°49' 10" WA DISTANCE OF 298.99' THENCE S 00° 01'30" E A DISTANCE
OF 210.00 , THENCE N 89-49'10" E A DISTANCE OF 299.06' MORE OR LESS TO THE TRUE POINT OF
BEGINNING, CONTAINING 1.441 ACRES.
This difference between the two above described parcels is an area of approximately 39,641 square
feet.
So long as the Easement is in force and effect, UP, its successors and assigns, shall have
non-exclusive use of the Easement, for ingress and egress, by motor vehicles, or other means of
human conveyance.
The Easement shall be an easement appurtenant to UP's Property, and shall inure to the
E Y"%CS 1-1 1 dll6
benefit of UP's licensees, tenants, invitees, and guests.
The Easement shall terminate and forever extinguish upon any of the following events:
Grantee, his heirs, successors and assigns, selling the Servient Estate to any third party or developing
the Servient Estate by the construction of any improvements, to whatever extent, whether upon,
below or above, the Servient Estate.
UP will indemnify and hold harmless Grantee, his heirs, successors and assigns, from any
liabilities arising out of the use of the Easement by UP, its licensees. tenants, invitees or guests.
Furthermore, UP agrees to name Grantee, his heirs, successors and assigns, as an "additional insured"
upon an "all risks", or equivalent, policy of insurance covering the Easement. Proof of insurance shall
be provided to Grantee, his heirs, successors and assigns, on an annual basis.
UP agrees to be responsible for maintenance of the Easement, including snow removal, and
UP shall keep the same in good repair.
UP acknowledges that Grantee does not warrant access from any public right of way onto the
Easement.
Grantee:
Edwin S. Allen
UP:
3885 Upham Properties, LLC
By:
Jay Moskowitz, Manager
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Stewart Title of Colorado - Denver Division
50 S. Steele Street, Suite 600
Denver, CO 80209
Phone: (303) 331-0333 Fax: (303) 331-9867
Date: May 14, 2008
Order Number: 90186889 rib
Buyer/Borrower: 3885 Upham Properties, LLC
Seller: Edwin S. Allen
Property Address: 3885 Upham St., Wheat Ridge, CO 80033
3885 Upham Properties, LLC, a Colorado limited
liability company
2932 Fenton Street
Wheat Ridge, CO 80214
ATTACHED PLEASE FIND THE FOLLOWING:
MORTGAGE TITLE POLICY TO LENDER
OWNERS TITLE POLICY TO OWNER
WHEN MAKING INQUIRIES, PLEASE CONTACT:
REFERENCE OUR. ORDER NO.: 90186889 rfb
James Betson - Ext. 4034
jbetson@stewart.com
PHONE: (303) 331-0333
FAX: (303) 331-9867
We Appreciate Your Business And Look Forward to Ser"ing You in the Future.
ALTA Owner's Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
E,
title guaranty company
Any notice of claim and any other notice or statement in writing required to be given the Company udder this Policy must be given to the Company at
the address shown in Section 18 of the Conditions. -
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHF.DUIX B AND THE.
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, agairestloss or damage, not erceedingibe Amount oflnsurance, sustained or incurred bythe insured be reason of
1. Title being vested other than assisted in Schedule A
2. Any defect in or lien or encumbrance onthe Title. This Covered Risk includes but is not limited to insurance against loss from
(a) _ A defect in the Title caused by
@ forgery, fraud, undue influence, duress, incompetency, incapacity, orimpersonatiore
n failure ofany person or Entity to have aphorized a transfer or conveyance;
(iii) a document affecting Title not property created, executed; witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law
(v) a document esecmrd trader a falsified, expired, or otherwise invalid power of attorney
(VD a document not properly filed, recor&A or indexed hi, the Public Records including fail ure'to perform those acts by electronic mews authorized by
late, or
(Vi) a defectivejudicial or administrative proceeding.
(b) The lion ofroal estate taxes ce assessments imposed *it the Title by a governmental authority due or payable, but unpaid
(c) Any enaoauhneut, encumbrance, violation, variation. or adverse cncumstance affecting the Titre that would be disclosed by an anurate and complete
land survey of the Land The tern "encroachment" includes eacroaclmrents of existing improvements located on the Land onto adjoining land, and
encroachments aide the Land of existing improvements located on adjoining land
3. Cramokelable Title.
4. No right of access to and from the Land.
5. The violation, or enforcement of any law, ordinance, parmit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating in
(a) the ocatptnc}, use, orenjoymentoftho Land;
(b) the character, dimensions, or location of any improvement orected on the Land;
(c) thesubdivisionofland;or -
(d) eavimamemal protection
if a notion, describing any part of the Lend, is recorded in the Public Records setting forth tlu: violation or intention to enforce, but only to the extent of the
violation or enforcement referred m inthatnotice.
6. An enforcement action based on the exercisa of a governmental police power not covered by Covered Risk 5 if a notice of this enforcement action, describing
any part ofthe Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. -
7. The exercise of the rights ofeminem domain if anotice ofthe axertise, describing any part of the Lend, is recorded in the Public Records.
8. Any taking by a govenmiental body that has occurred mid is binding an the rights of a purchaser for value without Knowledge.
\,J1n
Co rsigned: S~jW~,( t ` ~
title guaranty company
Senior Chairman of the Board
-
f
f
A
o ountergignature
iFa -
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rS'
Title of Colorado -Denver Division
,
r
R B.,
Chairman of the Board
50 S. Steele Sheet, Suite 600
y..',.y,pz -
Denver, Colorado 80209
Agent ID: 060056
Phone No.: (303) 331-0333
President
ing.i or serial No.: 0-9301-911934 -
SedelNe. ALTAOWNER'S POLICY 6-17-06
Ifyou want information about coverage or need a asismnoeto resolve conTlawts, please call =tell free rvwbec 1-800-720-1902. Ifyou make a claim under year poliry,youmuslfunish
v)ritlmnodxfnacamd.vdth Section3oftheC®ditioas. Visitour Ward-Wide Web site azhttpl%waw.sleseat cam
COVERED RISES (Continued)
9. Title being vested other than as stated in Schedule Aor being defective
(a) as a result of the avoidance in whole a in part, or from a court order
providing am alternative remedy, of a transfer of all or any part of the title to
or any interest is the Land occurring prior to the transaction vesting Title as
shown in Schedule A became that prior transfer constituted a fraudulent or
preferential transfer order federal bankruptcy, state insolvency, or similar
creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A
constitutes a preferential trnsftr under federal bankruptcy, state insolvency,
or similar million? rights laws "am of the failure of its recording in the
Public Records -
(i) to be timely, or
(ii) to impart notice of its existence in a purchaser for value or in a
judgment or lien creditor.
10. Any defeat in or lien or encumbrance an the Title or other matter included in
Covered Risks 1 through 9 that has been created or attached or has been filed or .
recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of manafer in the Public Records that
vests Title as shown in Schedule A.
The Cmnpanywill also pay the costs, attomeya' fees, and expenses incurred in defunac of
any nutter insured against by this Policy, but only to the extent provided in the
Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expmedy "eluded from the coverage of this policy, and the
CompmV will not pay loss m damage, costs, anomeys' fees, of expenses that arise by
reason of
1. (a) Any law, onimame, permit, or governmental regulation (including those
relating to building and zoning) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement trotted on
the Land;
(iii) the subdivision of land; or
(iv) environmental Protection; .
or the effect of any violation of these laws, ordinsuces, or governmental mozitions..This
Exclusion 1(4) does nut modify or limit the coverage providedunder Covered Risk 5.
(b) Any govessmemal policepower. This Exclusion 1(b) does not modify dr
limit the coverage provided under Covered Risk 6.
2. 2. Rights of eminent domain This Exclusion does not modify or limit the coverage
provided under Covered Risk 7 or S.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, stdferad, assumed, at agreed to by the Insured Claimant
(b) notKnom to the Company, not recorded in the Public Accords at Dam of
Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the insured Claimant prior to the date the Lamed Claimant
became an Insured mder this policy;
(c) resulting in no loss or damage to the insured Claimant
(d) attaching or created subsequent to Date of Policy (howmer, this does not
modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in lass or damage that would not have been sustained if the bound
Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a.fraudulmtm eyanmorfmudulmttramfdr,or
(b) a preferential imasfer fox any reason not stated in Covered Risk 9 of this
policy.
5. Any lien on the Title for real estate taxes or auesim sits imposed by governmental
authority and created m attaching between Dam of Policy and tic data ofrecording
of the deed or other instrument of transfer in the Public Records that vests Title as
shown in Schedule A
CONDITIONS
1. DEFINITION OF TERMS
The following term when used in this policy mean:
(a) "Amount of hssumnec": The amount stated in Schedule A, as may be
marooned m decreased by andommisc t to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) 'Date of Policy': The data designated as "Data of Policy" in Schedule
A
(0) "Entity": A cooperation, partnership, trust, limited liability company, or
other similar legal entity.
(d) "Iammd": The Insured named in Schedule A
(i) 'llutevn'7nsmed"also includes
(A) suceeesom to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees,
survivors, personal representatives, ur next ofldn;
(B) successors to an Insmnd by dissolution,, merger,
consolidation, distribution, or morganizvtion;
(C) succesnrns to malnsured by its conversion to another kind of
Entity,
(D) a Seems. of an lammed under a deed dolivomd without
payment of amualvalmble consideration conveying the Title
. (1) if the stock; sham, memberships, or other equity
interests of the grantee are wholly-owned by the named
Insured,
(2) ifthe grantee wholly owns the named Insured,
(3) if the gimme is wholly-owned by an affiliated Entity of
the named banned, provided the affiliated Entity and the
named Insured are both whollyowaed by the same person or
Entity, m
(4) if the great" is a trustee or beneficiary of a must
created by a written insmormant established by the Insured
named in Schedule Afar estrteplatmingputposea.
Page 2
(ii) With regard to (A), (B), (C), and (U) nerving, however, all lights
and defenses as to my successur that the Company would have
had against anypreducesem Ensured
(a) "hssmntl Claunant'': Au Insured claiming loss or damage. .
(1) "uximiledge" or "Known":. Actual knowledge, not constructive
knowledge or notice that may be imputed. to an Insured by reason of the.
Public Records or any other records that impost, constructive notion of
matters etfeeting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements
that by law constimm real property. The term "Land" does not include
any property beyond the lines of the area described in Schedule A, nor
any right, title, interest, estate, or easement in abutting streets, mads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or
limit the extent that a right of access to and from the Land is hceurad by
this policy.
(h) "Mortgage": Mortgage, deed of trust, oust deed, or other security
instrument, including one evidenced by electronic means' authorized by
law.
(i) 'Publie Records Records established under ante statutes at Date of
Policy for the purpose of imparting commuctive notice of matters
relating in real property to purchasers forvalm and without Knowledge.
With respect to Covered Risk 5(d), 'public Records" shall also include
environmental protection liens filed in the records of the algid: of the
United States District Court far the distriet where the lands located.
(j) "Title": The estate or intutest described in Schedule A.
(k) "Umnark t ble Title": Title affected by an alleged or apparent matter
that would permit a prospective purchaser or lessee oftho Tide or lender
on the Title to be released from the obligation to Purchase, lease, nr lend
if there is n enntmctual condition requiring the delivery of marketable
title.
Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
ALTA OWNER'S POLICY (6117/06)
SCHEDULE A
Order Number: 90186889 JB Policy Number: 0-9301-911934
Date of Policy: April 29, 2008, at 4:30 p.m.
Amount of Insurance: $2,600,000.00 Premium: $5,190.00
1. Name of Insured:
3885 Upham Properties, LLC, a Colorado limited liability company
2. The estate or interest in the land which is covered by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
3885 Upham Properties, LLC, a Colorado limited liability company
4. . The land referred to in this policy is described as follows:
See `Exhibit Pi' attached hereto
-FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Owner's Policy- Schedule A -ewQJ
Page I of 2 - CtnenuarenHCOrnu%v
EXHIBIT G 'A"
The Northwest quarter of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section
23, Township 3, South, Range 69 West, together with any and all rights in Easement for private roadway
conveyed in agreement recorded April 13,1925, in Book 270, at Page 543, and together with an additional 10
feet described in Deed recorded May 24, 1928, in Book 306, at Page 460.
Address Reference:
3885 Upham St.
Wheat Ridge, Colorado 80033
*FOR COMPANY REFERENCE PURPOSE ONLY, Nor AN INSURLNG PROVISION
ALTAOmees Policy -Schedule A rSte a 1.a
Page 2 of 2
ALTA OWNER'S POLICY (6117/06)
Order Number: 90186889 JB
SCHEDULE B
PARTI
Exceptions From Coverage
Policy Number: 0-9301-911934
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of.
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the title that would be disclosed by an accurate and complete land survey of the Land and
not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Unpatemed mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
F
6. Water rights, claims or title to water.
7. Taxes for the year 2008, and subsequent years; special assessments or charges not certified to the
County Treasurer.
8. Restrictions as contained in Deed recorded Mav 24, 1928, in Book 306, at Page 460.
9. Terms, conditions, provisions and obligations contained in Development Agreement, recorded
August 16, 1979, at Reception Number 79074204. .
10. Easement and right-of-way granted to Mountain States Telephone and Telegraph Company, by
instrument recorded January 31, 1.980, at Reception Number 80007959.
11. Any assessment or charge by reason of the inclusion of subject property in the Wadsworth Town
Center Urban Renewal Plan as disclosed by instrument recorded November 20, 1991, at Reception
Number 91108123.
12. Existing leases and tenancies.
ALTAOw 's Policy Schedule B-I - F-SteVM l
Page 1 of 2 rue yue~amycameny
ALTA OWNER'S POLICY (6/17106)
13. The following matters disclosed by Improvement Survey Plat prepared by Colorado Engineering &
Surveying, Inc., as Job Number CES 2008-1143, to wit:
a) Easement and right of way for power lines, over the Eastern portion and the Southeast corner of
subject property,
b) Encroachment of the concrete and chain link fence onto the property adjacent and to the North
of subject property,
c) Apparent Easement for right of way to the property adjacent and to the South over the dirt
access,
d) Encroachment of wood fence, appurtenant to the property adjoining on the South, onto subject
property.
14. Deed of Trust dated April 29. 2008, executed by 3885 Upham Properties LLC, a Colorado limited
liability company, to the Public Trustee of Jefferson County, to secure an indebtedness of
$1,970,000.00 in favor of Guaranty Bank and Trust Company was recorded April 29, 2008 at
Reception No. 2008041233.
NOTE: Assignment of Rents recorded April 29, 2008 at Reception No. 2008041234.
15. Easement Deed and Agreement recorded April 29, 2008 at Reception No. 2008041235.
16. Addendum to Contract recorded April 29, 2008 at Reception No. 2008041236.
17. Agreement for Partial Release recorded April 29, 2008 at Reception No. 2008041237.
ALTA Owner's Policy Schedule B-1 F- Le a t
Page2of2 mbe.`Roma ~
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0-9301-911934
STEWART TITLE
Order Number: 90186889 rfb
The Policy is hereby amended by deleting Paragraph(s): 1 - 4, inclusive of Schedule B.
Charge: $50.00
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terns and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount
thereof.
Signed render seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
S T E W A R T T I T L E
GUARANTY COMPANY
CCnimep of t\a BOUxd - ]jf'3~~`'*, ~~~n€ t+mvidrnY
P, r908 d`
Step w-TiTe of Colorado - Denver Division
50 S. Steele Street, Suite 600
Deaver, CO 80209
tAgmtn): 060056
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
(303) 331-0333
Serial No. E-9851-8977823
CO Form 110.1 Owners Deletion of Exception(s) Endorsement
CONDITIONS (Continued)
expense, stall give the Company all reasonable aid (i) in scouring
2: CONTINUATION OF INSURANCE
The covemg. of this policy shall continue in forms as of Data of Policy in
evidence, obtaining witnesses, prosecuting or defending the action m
settlement, and (ii) in any other lawful act that
or effectin
di
favor of an burned, but only So long as the Insured retains an estate or interest
g
ng,
procee
the opinion of the Company may be necessary of desirable to establish
in
in the Land, or holds an obligation seemed by a purchase money Mortgage
i
,
the Title or say othermatter as atoms. if- Compare' p
given by a purchaser from the Insured, or onlyso long as the Insured shall have
'
on
L
the
the
tannish the ee
e
required cooperation,
by the failure of the Insured to
Title.
liability by mason of warmuties. in any transfer or conveyance of the
f
rod ed
rminate,
the
terminate,
Company's obligations to the lmu un p
'Ibis policy shall not continue in force in favor of any purchaser from the
rs prosecute, or continue
including any liability or obligation to defend,
Insured of either (i) an estate or interest in the Land, or (ii) an obligation
requiring such
any litigation, with regard W Olt matter m matters m
secured by a purchase money Mortgage given to the Insured.
cooperation.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(b) The Company may reasonably require the Insured Claimant W submit to
examination trader 'oath by say suthorizad izW representative of the
The blamed elan north}' the Company promptly in writing (i) in case of any
Company and to reduce for examination, inspection, and copying, at
litigation on a as net forth in Section 5(a) of those Canditiera, (ii) in roan
such reasonable times and places as may be designated by der authorized
Knowledge shall come to an Insured hcrennder of any claim of title or inteest
resenlative of the Company, all rewrda, in whatever medium
rep
that is advmae to the Title, as insured, and that might cause 1059 of damage for
may be liable by virtue of this policy, or (iii) if the Title,
an
rich the Com
mainlined, including books, ledgers, ehecka, memomnde,
e% and videos whether
ta
di
ks
il
v
p
}
as insured, is rejected as llmnarireable Title. If the Compan}•uprejudicW by
'
p
,
s,
s
comeSpondrnee, reports, e-ma
pertain
anyiy
Date of Polity, that reasonably to
after
darn
bearing
s
the failure of the Insured Claimant to provide prompt notice, the Company
liability to the Insured Claimant trader the policy shall be reduced to the
d damag, if requested b by
by any
damage. .
lass s
Further
i
the
theInsured Claimant shah moat its
i
f th
Com
an
extent of the prejudice.
v
ve o
p
y,
e
representat
for any authorized repralantative of the Company
in writing
ermission
,
p
,
to examine, inspect, and copy all of these records in the custody or
4. PROOF OF LOSS
In the event the Company is unable W determine the amount of loss or
ol of a thud Party that masombly pertain to rile loss or damage.
control
designated rc co fidential by the Lasured Claunant
on
n
Ali(( of
al by
nfo a
, co
damage, the Company may, at its option, require as a condition of payment
shall not be disclosed - ection
t, this
Company prim
to
i
the
thatllulnsmedClainantfumishasigped proof of loss. the proofofloss must
to others in the reasonable judgmant of the Company, it is unless
describe the deter; lien, encumbrance, or other matter insured against by this
v in lire administration of Ilse claim. Failure of the Insured
nwesmr
vr
policy that com l u m the basis of loss a damage and shall sate, to the extent
, ta'submit for examination under oath, produce any reasonably
Cbw
under
r
it
Claima
possible, thebasis uCulculating the amount of the loss or damage.
Permission to accuse reasonably
or gent
fo
ed nfom
requea
necessary information from third paces se mq"md is this subscetimy
'DEFENSE ANT PROSECUTION OF ACTIONS
5.
unloss prohibited by late or governmrnal regulation, shall terminate any
(a) Upon written request by the Insured, and subject to the options contained
liability of the Company and-this polity as to that claim
in Section 7 of Weser Conditions, the Company, at its own coat and
without ureassemble delay, shall provide for the deforam of an Insured
7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
in litigation in which any third Party asserts o claim covered by this
'fp51MINATION OF LL4HD.ITY
policy adverse W the Insured. This obligation is linlited to only those
in case of a claim under this policy, the CmnPany aball here the following
anted noses of sell= alleging matters insured against by this policy.
additional optima:
The Company alall have the right to select counsel of its choice (subject
r
To
Amours[
the
Pay or
(a) Pay Tender Payment
to the right of the insured to object for reasonable enure) to rePrunt the
to
t of
under this is Policy
Insurance
together
[coder payment of the Amount
learned as to those stated causes of action. It shall not be liable for and
nttomeys' feu, and espemu incurred by the Lamed
with env costs
will not pay the fees of any other counsel. The Company will not pay
,
Cla ware authorized by the Company up to the time of
imant that
any fees, costs, or expenses incurred by the Insured in the defense of
payment or tender of payment and that the Company is obligated to
those "uses of action that allege matters not insured against by this
Upon the exercise by the Company of this option, all liability and
ay
WInny
(b) The Company shall have the right, in addition to the options contained
.
p
obligations of the Company to the Loured under this policy, other than
to make tiro payment requhed in this subsection, shall temdneW,
and
e
in Section 7 of these Conditions, at its owe con to
institute ti
tWg any liability or obligation le defend, prosenW, or continue
ther act t in its
that
prosecute any action or proceeding or to do o any o
inion may be necessary or desirable to establish the'1•itle, as insured,
o
my l
soy litigation.
Settle With Pullin Other Than the Lamed or With
O
p
or W prevent m reduce loss or derange to the Lamed. The Company'
c
t Cllaaimaimant
(b) the 1 Insur,,emd
take m aPlnulmairs action under the terra of this policy, whether
nay Y'
W To pay or otherni%e settle with other' parties for or in the name of
m• AOL it shall be liable to the Insured. The exercise of these rights shall
an Insured Claimant am claim insured against order this policy.
,the m admission of liability m'waivn' of any Provision of this policy.
in addition, the Company wail pay any costs, attorneys' fees, and
if the company exercises its ngba under this subsection, it aunt der so
expenses incurred by the insured Claimant flatware authorized by
diligently.
any bas an action m ascAs n defense as required
ever the Com
Whe
the Company up to the time of payment and that the Company is
d
p
n
(c)
or permitted h I this policy, the Company may porsue the litigation to a
W pa); or
obligate
(ail To pay or otherwise settle with the Insured Claimant The loss or
final determination by a cart of competentjurisdiction, and it expressly
damage provided for under, this policy, together with any costs,
reserves the right, in its sole discretion, to appeal any adverse, judgment
attomcys' fees, and expenses incurred by the banned Claimant that
or order. _
were authorized by the Company up to the time of payment and
6. DUTY OF INSURED CLAIMANT TO COOPERATE
that the Company is obligated W pay.
Upon the exercise by the Company of either of the options provided fm
where this Policy permits or requires the Company to
(a) In all cases
in subsections (b)(i) or (ii), the Compam!s obligations W the Insured
.
prosecute or provide for the defense of any action or proceeding and any
under, this poliev for the claimed buss or damage, other full the
appeals, the Insured shall. secure to the company the right W ao
¢ e required to be mode, shall terminate, including any liability or
mrn
Prosecute It provide defense in the action or proceeding, including the
obligation W defuod, prosecute, m continue any litigation
right to use, at its option, the Hama of the Loured for this purpose.
Whenever requested by the Company, the Insured, at the Company's
.
Page 3
CONDITIONS (Continued)
S. DETIM II.NATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the leaned Claimant who has suffered loss or damage
by reason of =it= insurer' against by this policy.
(a) line esteut of liability of the Company fur loss or damage under this
policy shall not exceed the lesser of
(i). the Amountoflusurance;or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by 09 policy.
(b) If the Company punares its rights under Seclimh 5 of these Cunditions
and is unameona8d in establishing the Title, as insured, .
(i) the Amount of insurance shall be increased by 30% and
(ii) the Insured CWmmt shall have the right m have the loss or
damage determined either as of the date the claim was made by
the Insured Claimer or w ofthe date it is settled and paid.
(e) In addition to the extent of liability under (a) and (b), the Company will
also pay those costs, aaomcys' fees, and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company eatablisbes the Title, or =moves the alleged detect' lien,
or encumbrance, or woes the lack of a right of access to or from the
Land; or cures the claim of Unmarketable T'itie, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appuaK it shad have fully perframed its obligations
with respect to that moor and shall not be liable for any loss or damage
caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall lave no liability for loan
or damage until there tins been a final determination by a court of
competent jurisdiction, and disposition of all appeals, adverse to the
Title, as insured.
(c) The Company shall not be liable for Ions or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE, REDUCTION OR T R2.NBNAT'ION
OF LIABILITY
All payment under this policy, except payments made Ant coats, attomeye
fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment
11. LIABILITY NONCUMULATIVE
The Amount of hmuance, shall be reduced by any amount the Company pays
under any policy insuring a Mortgage to which exception is taken in Schedule
B or to which the Insured has agreed, assumed, or taken subject, or which is
executed by an Insured after Date of Policy and which is a charge or lien on
the Title, and the amount so paid shall be deemed a payment to the Insured
undertbispolicy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed I.
uccoidancc with these Coadidura, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) \lgheuevu the Company shall haw settled and paid a claim under this
policy, it shall be subrogatod and entitled to the rights of the haired
Claimant in the Title and all other rights and remedies in respect to the
claim that the hismed Claimant has against any par. on. or pmpcrtn to,
the extent of the smnum of say Ions, costs, attomays' 1605, and expenses
paid by the Company. If requested by the Company, the burned
Claimant shall axectte documents to evidence the transfer to the
Company of these rights and remedies. The Twined Claimant ,hall
permit the Company to sue, compromise, or settle in the name of the
fissured Claimant and to an, the name of the insured Claimant in any
transaction or litigation involving these rights and remedies. If a
payment on account of a claim does not fully cover the loss of the
Lumud Claimant, the Company shall defer the exercise of its right m
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the riglits ofthe hsmed to
indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terns or conditions contaba in those instruments
that address subrogation rights.
_14. ARBITRATION -
Either the Company or the Lowed may demand that the claim or controversy
shall be submitted to arbitration pursuant to tins Title Laurance Arbitration
Rules of the Aermican Land Title Association. ("Rules"). Except as provided
in the Rules, them shall be no joinder or consolidation with claim m
enntmvemim of other persons. Arbitrable matte= my include, hue n= not
limited to, any controversy or claim between the Company and the Insured
arising nut of or relating to this policy, any. service in comeetinn with its
issuance or the breach of a policy provision. or to any other controversy or
claim arising out of the transaction giving riseto this policy. All arbitrable
matim, when the Amount of insurance is $2,000,000 or less shall be arbitrated
at the option of either the Company m the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated
only when spread m by both the Company and the Insured Arbitration
pursuant to this policy and order the Rules shall be binding upon the parties.
lodgment upon the award rendered by the Arbitrator(s) may be entnW in any
court ofecuapetentjuriadiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Companv is the rntire policy and contract between the Insured and the
Company. In interpreting any provision. of this policy, this policy shall
be urnstmed as a whole.
(b) Any claim of loss or damage that arises out of the statue of the Title or
by any action asserting such claim shall be restricted to this polity.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated. by
Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of its terms and provisions. Except as the
endorsement exprea dy sates, it does not (i) modify any of the term and
provisions of die policy, (ii) modity any prior endoraemen, (III) extend
the Data of Policy, of (iv) increase the Amount of Insurance.
16. SEVERABILTTY
In the event asry provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include
that provision or such part held to be invalid, but all odor provisions shall
remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks cavemd by this policy and determined the
premium charged therefore in reliance upon the law affecting interests in
real property and applicable to the interpretation, rights; remedies, m
enforcement of polities of title insurance of the jurisdiction where the
Land is located. -
Tlinch, e, the court or an arbitrator -shall apply the law of the
jurisdiction whcm the Land is located to determine the validity of
claims against the Title that a= adverse to the insured and to interpret -
and mdu= the teas of this policy. To neither case shalt the court or
mbitram apply its conflicts of :law principles to determine the
applicable law.
(c) Choice of Fonen: Any litigation or other proceeding brought by the
Insured against the Company most he filed only in a state or federal
court within the United States of America of its territories having
appropriateiurisdiction. _
15. NOTICES, WHERE SENT
Any entice of claim and any other notice or statement in writing required to be given
.to the Company mder this policy most be given to the Company at Claims
Depatmrnt at P.O. Box 2029, Houston, TY. 77251-2029.
Page 4
Ctkrzw ,A~x ~~r csra=.... re ramt Laarlcf S~r'*,•'~y'~r
39°39'12" North 104°59'03" West
South Sherman Street #2 Englewood, Colorado 80110
303-761-8055-p 303-761-0841-f
www.copls.com
April 4, 2009
City of Wheat Ridge
7500 W 29t1' Ave
Wheat Ridge, CO 80033
Attn: David Brossman, PLS
RE: E.S. Allen Subdivision
Statement of Accuracy
Dear David,
Thank you for taking my phone call yesterday, April 3rd, 2009 concerning the plat
submittal of the E.S. Allen Subdivision.
As we discussed, the statement of accuracy concerning the linear / horizontal error of
closure will be a conventional closure statement, expressed as a ratio (i.e.: 1 : 50,000) instead of
the statement as found in the checklist for Geodetic Surveying; (item 11)
Ronald W. Fh3~~ga7-j
g Inc.
Colorado Engineelurveyin
Ronald Flanagan
PLS 26958
COLORADO ENGINEERING
& SURVEYING INC
[AND, IMPROVEMENT & CONSTRUCTION SURVEYS
(303) 761-8055 3470 S. Sherman St., Suite 2
ron@copls.com Englewood, CO 80110
w .copis.com
i
CITY OF WHEAT RIDGE
04/03/09 1:22 PM Cdbb
Edwir Allen & ASSOC
RECEIPT HG:CDB001353 AMOUNT
FM5D ZONING APPLICATION F 1,050.00
zone
PAYMENT RECEIVED AMOUNT
CK 10950 1,050.00
TOTAL 1,050.00
114P ®A le
~q V, City of
eat jd e
COMMUNITY DEVELOPMENT
PRE-APPLICATION MEETING SUMMARY
Meeting Date:
Applicant(s):
April 17, 2008
Edwin Allen
Attending Staff: Meredith Reckert - Senior Planner
Adam Tietz - Planner I
Dave Brossman - Development Review Engineer
Address or Specific Site Location:
3895 Upham St.
Wheat Ridge, CO 80033
Existing Zoning: R-C, Restricted Commercial
Existing Comp. Plan: CC, Community Commercial Center
Applicant/Owner Preliminary Proposal:
The property on which the action is being requested is currently zoned R-C, Restricted
Commercial District. The applicant is proposing to create two lots from the existing lot
through a minor subdivision. The existing building will remain on the northern parcel and
continue to be used as medical offices. A new lot line will be created that will run along
the southern edge of the parking lot. The new lot to be created is undeveloped and will
remain undeveloped for the time. It is anticipated the southern lot will be developed at
some point in time.
Will a neighborhood meeting need to be held prior to application submittal?
A neighborhood meeting will not be required for a minor subdivision.
Existing Site Conditions:
The property is located just north of W. 38th Ave. on Upham St. There is a mix of
surrounding uses but they are generally commercial as W. 38th is a major commercial
corridor through the City of Wheat Ridge. The Wheat Ridge Market Place shopping
center, which includes Safeway and other general retail, is located directly to the west of
this property as the zoning allows. Multi-family housing is located to the north of the site
and to the east is Wheat Ridge Middle School and the Wheat Ridge Fire Protection
District Station. To the south is more neighborhood oriented commercial business and
services.
Planning comments:
The R-C zone district was established to accommodate various types of office uses
performing administrative, professional and personal services, and to provide for a limited
range of retail uses which are neighborhood oriented. General retail uses that serve the
community or region, wholesaling, warehousing, industrial, and uses which require
outside storage are prohibited.
When the subdivision of a developed lot occurs, the development standards of both lots
to be created must be evaluated to ensure the lots meet the requirements set for them.
Since the south lot will not be developed at this time, no initial site development standards
such as parking or landscaping are required. These items will be reviewed when the site
is developed. However, the northern parcel must remain in conformance with the
standards that were in place when it was constructed.
The building on the northern parcel was constructed in the early 1980's. At the time the
building landscaping was only required to cover 10% of the developed parcel. With this
subdivision, the northern parcel should remain in conformance with the 10% landscape
coverage requirement with no additional landscaping required.
At the time the southern parcel is developed another pre-application will be required to
address the overall site design of the parcel and the design of building. Other
development standards, Public Works requirements, and Building requirements will also
be addressed at this meeting. If the property owners of both lots wish to utilize the 2
existing curb cuts on Upham St. a cross access easement will be required
Public Works comments:
According to City records, Upham St. has never been formally dedicated to the city even
though the street has been constructed and is maintained by the city. As a result, there
will be a 25 foot dedication of right-of-way that will be required. When a subdivision
occurs that includes a dedication of right-of-way as a part of the subdivision, two public
hearings are required, one before the Planning Commission and the second will be heard
before they City Council where a final decision will be made regarding the subdivision and
right-of-way dedication.
Since curb, gutter and sidewalk are all present along Upham St. no Subdivision
Improvement Agreement (SIA) will be required.
See attached comments for further requirements
The Process
The first step in the minor subdivision process began with the pre-application meeting
held on April 17, 2008.
Since a neighborhood meeting is not required for a minor subdivision, a formal application
may be submitted now. The plans should reflect the issues discussed at the pre-
application meeting.
Incomplete applications will not be accepted or reviewed. All required documents must be
included with the application otherwise the application will be considered incomplete.
Upon submittal of the application, the assigned staff member will send the application out
on referral to public utility companies, other city departments, and other agencies that
may have an interest in the project. The referral period that typically lasts for 15 days.
During the referral period the assigned staff member will also review and make comments
on the project.
When the review is complete the staff planner will inform the applicant of issues they feel
need to be addressed as well the concerns from all other departments. If all requirements
are met the applicant will be scheduled for a hearing before the Planning Commission
with a recommendation of approval, approval with conditions, or denial. At the hearing,
staff will present evidence to support their recommendation. The public will also be
allowed to present evidence or give testimony in support or in opposition of the project.
The Planning Commission will make a recommendation to City Council to approve,
approve with conditions, or denial of the project based on the testimonies given by staff,
applicant and the public.
After the Planning Commission hearing, a date will be set for the hearing before City
Council. The meeting will be similar in nature in that staff will be present to provide
evidence to support their recommendation. The public will also be allowed to present
evidence or give testimony in support or in opposition of the project. The City Council will
make the final decision on the case and will approve, approve with conditions or denial
the project.
Building comments:
Building Division was not present at the meeting. Comments will be made upon
application submittal.
Streetscape / Architectural Design comments:
The City has adopted an Architectural and Site Design Manual (ASDM). The design
standards only apply to new construction and major renovations of commercial, industrial,
and multi-family residential buildings. Since no buildings are being constructed at this
time, the ASDM does not apply.
Attachments: pre-application transmittal sheet, subdivision packet,
Phone Numbers
Meredith Reckert - Senior Planner 303-235-2848
Adam Tietz - Planner 1 303-235-2845
John Schumacher- Building Official 303-235-2853
Dave Brossman - Development Review Engineer 303-235-2864
O~~I
City of
Whe ~4_e
PUBLIC WORKS KS
City of Wheat Ridge Municipal Building
April 17, 2008
7500 W. 29" Ave. Wheat Ridge, CO 80033-8001
Pre-Application Meeting
3885 Upham Street (Edwin Allen)
Public Works Requirements:
P: 303.235.2861 F: 303.235.2857
2 Copies of the following shall be submitted for review and approval with the Subdivision
Application:
1. Final Plat: A Final Plat adhering to the following:
a. Must use City-based bearings/coordinates (per Section 26-407-D-6 of the Municipal
Code of Laws).
b. All section ties are to be to Section or %4 Section corners or City of Wheat Ridge PHAC
points only. (Please see attached land surveying information).
c. PW submittals shall be submitted in the form of:
i. 2 - 24"X36" hardcopies and
ii. 1 electronic copy on CD or DVD-ROM in AutoCAD 2000-2007 dwg format.
2. ROW Dedication: Apparently Upham Street was never officially dedicated to the City of Wheat
Ridge. Therefore, a 25.00' strip along the entire Upham Street frontage will need to be dedicated
to the City on the Final Plat. This will bring the Upham Street ROW in this area up to the
standard residential roadway width.
3. Geodetic Surveying Requirements: The attached Geodetic Surveying Requirements sheet must
be completed and accompany the Final Plat submittal.
4. Final Plat Review: The Plat needs to contain the items found in the attached Final Plat Review
checklist.
2 Copies of the following shall be submitted for review and approval with the Building Permit
Application:
1. Final Drainage Report: A revised Final Drainage Report incorporating water quality measures,
reflecting the current proposal, and signed and sealed by a Professional Engineer licensed in the
State of Colorado shall be required. (Please see attached Site Drainage Requirements).
2. Grading & Erosion Control Plan: A Grading & Erosion Control Plan (signed and sealed by a
Professional Engineer) which includes details for all utilized BMP's both during and subsequent
to construction is required.
3. Construction Plans: Construction Plans (signed and sealed by a Professional Engineer) for all
water quality and drainage-related items, and include all applicable COWR standard details for
proposed constructed items.
www.ci.wheatridge.co.us
Public Works Engineering
April 17, 2008
Page 2
4. Site Plan: A Site Plan included with the Construction Plans shall include the following:
a. 24" X 36" sheet format.
b. A vicinity map, scale, and north arrow.
c. Location of the 100-year floodplain.
d. Existing (and proposed) contours at 2-ft intervals.
e. Adjacent streets.
f. Location of all existing & proposed easements and rights-of-way, fences, walls,
drainageways, ditches, buildings to be developed or retained on site
Additional Information:
1. Information
Information pertaining to the Public Works development requirements, surveying/ROW information,
and the City's Standard Street Construction and Erosion Control Details are available on the City of
Wheat Ridge website at:
www.ci.wheatridee.co.us
2. Application for Minor Grading/Fill Permit
Prior to the commencement of any onsite grading or construction activities, an application for
a Grading/Fill Permit along with the fees due shall be submitted for review and approval
Please be advised that submittals will not be considered as being under review until such
time as all required items have been received by the City.
wwwxi.wheatridgexo. u s
(4-17-08) 3885 Upham Street (Edwin Allen).doc
Narrative Description of requested lot
division/small scale subdivision
As seen in attached Exhibit A, the property owner, Edwin Allen, requests the right
to divide the property located at 3885-3895 Upham Street which is depicted on attached
Exhibit A. The blue highlight line depicts where the new demarcation line would be
separating "lot 1" from "lot 2". Given the current meets and bounds legal description, the
new subdivision would create "lot 1 and lot 2 of Allen's Subdivision located in the
Lot 2 depicted on Exhibit A will be in excess of 39,000 square feet. The entire
parcel is currently zoned RC and the property owner requests that the RC zoning continue
to apply to both resulting lots.
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