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£0 60 SY~I 'ON asuD of amsoio su aA.Tas Bugs oulauI sign 800Z `Xjunzga3 30 XuP u3S I oql uo papzo3oi sum lugl luid all of luauzpumm uu se 3AZas Bugs goliP aqI JO uoiluooiaz aqs •zapzooag pun NJOID XlunOD uosza33af agl glim popzooaa uaaq suq aallai aqs •onuoAV,,0£ -AN 06£9 Put' OL£9 It paluool sailzadoid oql sosson Iugl Iuauiasua golip aql jo uopuooiai agl ao3 sailsed aluizdoaddu Ile Xq poziiulou puu pouOis uaaq suq lugl zallai u pauiuzgns suq `PnuIXH xoPIud `Iuuoi[ddu aqs SIM PuuIXH/£0-60-SW :13aftif1S 600Z `9i ,Inf :HJ.FQ zlai.L Urepv Uvou3 alid asuD £0-60-SW :01 Wnpulujouuaw .LN3WdOlaA3(j A.LINRW WOOD M OP a P f froA At kh 41 f ~~o~ded 7-13 -01 AGREEMENT AND GRANT OF EASEMENT AND VACATION OF EASEMENT DESCRIPTION KNOW ALL MEN BY THESE PRESENTS, that Patrick Hyland, of 6330 W. 30`h Ave., Wheat Ridge, CO 80214, owner of the parcel of land known as Lot 3A, Hyland's Hill Minor Subdivision, recorded February 15, 2008 at Reception No. 200814528, Jefferson County, Colorado, and All of the water rights owners of the lateral ditch (with address of use): Ditch Manager: David R. & Joyce A. Greeno, of 2915 Kendall Street, Wheat Ridge, CO 80214 Other Owners: Bradley G. & Judith K. Apple of Apple Blossom, L.L.C., of 6417 W. 29th Avenue, Wheat Ridge, CO 80214, and John Bergren, of 6121 W. 29th Avenue, Wheat Ridge, CO 80214, and Alan G. Carter, of 6795 W. 31St Avenue, Wheat Ridge, CO 80214, and Van E. Carver, of 6735 W. 31St Avenue, Wheat Ridge, CO 80214, and Davis Reinhart, of 2690 Pierce Street, Wheat Ridge, CO 80214, and Bruce M. & Judith Ann Douglass, of 6665 W. 31St Avenue, Wheat Ridge, CO 80214, and Eugene & Leonore Kiefel, of 2935 Kendall Street, Wheat Ridge, CO 80214, and Kathy & Rhet Behler, 3005 Newland Street, Wheat Ridge, CO 80214, and Kirk Smith, of 6630 W. 31St Avenue, Wheat Ridge, CO 80214; and ~Xic mainePeterson, of 6760 W. 31St Avenue, Wheat Ridge, CO 80214, and William P. Tanner, of 6705 W. 31St Avenue, Wheat Ridge, CO 80214, and Glen M. & Tina E. Weseloh, of 6730 W. 31St Avenue, Wheat Ridge, CO 80214, and Gene D. Bark, of 3181 Pierce Street, Wheat Ridge, CO 80214, and Elizabeth A. Johnson, of 6767 W. 31St Avenue, Wheat Ridge, CO 80214 of the ditch affecting that parcel of land known as Lot 3A, Hyland's Hill Minor Page 1 of 10 Subdivision, recorded February 15, 2008 at Reception No. 200814528, Jefferson County, Colorado For good and valuable consideration and the mutual promises and obligations recited below, the receipt and sufficiency of which are hereby acknowledged, hereby covenant and agree as follows: WHEREAS: The Owner platted the land known as Hyland's Hill Minor Subdivision recorded February 15, 2008 at Reception No. 2008014528, Jefferson County, Colorado; WHEREAS: The plat of Hyland's Hill Minor Subdivision dedicated a 10' Irrigation Ditch Easement over and across a portion of Lot 3A; and WHEREAS: The easement description as set forth on said plat prevents efficient use of the property, and is to be relocated to facilitate development; NOW, THEREFORE, BE IT AGREED: The Owner vacates that portion of the 10' Irrigation Ditch Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; 2. The Owner dedicates the Irrigation Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; and That the new easement as described and depicted as "Exhibit A" has the same requirements and restrictions per the recorded plat of Hyland's Hill Minor Subdivision recorded February 15, 2008 at Reception No. 2008014528, Jefferson County, Colorado; 4. That this easement is permanent and perpetual and intended to bind the parties hereto, their heirs, successors and assigns, and their respective properties, to touch and concern said parcels as shown in "Exhibit B", and to run with the land and succeeding interests therein; and 5. That this agreement and the easements granted may not be expanded or modified except by a further agreement in writing and in recordable form by the parties hereto or their heirs, successors or assigns. Owner warrants its ability to grant and covey this easement. Page 2 of 10 STATE OF COLORADO ) SS. COUNTY OF Jer~S/ ) CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this day of mig(c * , 2009, by Patrick Hyland, Owner. My commission expires 3 Q ~ 2063. Witness my hand and official seal. Notarybl• We the undersigned interest holders in the irrigation lateral being hereby relocated, on behalf of ourselves and our successors, assigns and transferees, hereby approve and endorse the vacation of the platted location and dedication of the newly described location as shown and described on the attached Exhibit "A". Signed:, `laieYl~ Avpd{ STATE OF COLORADO ) SS. COUNTY OF x}-prt ) CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this 3 1 day of fr'Arck , 2009, by %lev j e laync My commission expires C5 201. Witness my hand and official seal. Notar ublic ,J Page 3 of 10 Patrick Hyland Signed: A p e Blossom, L.L.C. Bradley G. Apple STATE OF COLORADO ) SS. COUNTY OF CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09113 The foregoing instrument was acknowledged before me this 3 1) day of (14(6 12009, by Bradley G. Apple, as owner of Apple Blossom, L.L.C.. My commission expires /09 1200_6. Witness my hand and official seal. No i lic Signed: hn Bergren CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO ) STATE OF COLORADO SS. My Commission Expires 03/09/13 COUNTY OF Si~(/So ) The foregoing instrument was acknowledged before me this 30 day of (nArAN , 2009, by John Bergren. My commission expires 3 l O q ,2009 . Witness my hand and official seal. Not 6lr lic Page 4 of 10 ca Signed: t~ arter STATE OF COLORADO ) SS. COUNTY OF 2 -u/ ) F RAIG BRAZANSKAS NOTARY PUBLIC TATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this q_ day of TyM, , 2009, by Alan G. Carter. My commission expires 3 2063 . Witness my hand and official seal. No y blic Signed: v~✓ CRAIG BRAZANSKAS an . Carver NOTARY PUBLIC STATE OF COLORADO STATE OF COLORADO ) My Commission Expires 03109/13 SS. COUNTY OFJ%, 5ty\ ) The foregoing instrument was acknowledged before me this day of yra- 2009, by Van E. Carver. My commission expires 3 , 20P j Witness my hand and official seal. No P lic Page 5 of 10 Signed: S r Davis Reinhart STATE OF COLORADO ) SS. COUNTY OF VieRija^ ) CR=BRAZANSKAS NSTAMy Commission Expires 03109/13 The foregoing instrument was acknowledged before me this 30 (Yl pre'j, , 2009, by Davis Reinhart. My commission expires O CA 20)5. Witness my hand and official seal. Not P lic Signed: STATE OF COLORADO ) _ ) SS. COUNTY OFQ U a ) day of CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this day of SvI., , 2009, by MiC~JAt I Cb5 041154 My commission expires 3 /,at , 20bg . Witness my hand and official seal. Notes ub Page 6 of 10 Signed: Eugen Kiefel STATE OF COLORADO ) SS. COUNTY OF36-~G 611 ) CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09113 Leonore Kiefel The foregoing instrument was acknowledged before me this 3 O day of (1ArCj~ 2009, by Eugene & Leonore Kiefel. My commission expires 200. Witness my hand and official seal. / Not blic Signed: Ka Bfifer et Behler STATE OF COLORADO ) SS. COUNTY OF ) The to~egoing instrument was acknowledged before me this day of mpr , 2009, by Ka~tthy & Rhet Behler. My commission expires S 0 2006. NgKpg CRAIG BRA7Ja Witness my hand and official seal. ~ Z No y >c NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09113 Page 7 of 10 Signed: Gum.. 9 evAaR4:eJ Hi,,5 6s STATE OF COLORADO ) SS. COUNTY OF-k4ar,rb n ) CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this day of ►u l1, 2009, by ulvrtr, WdgW My commission expires 3 11C )q 2001. Witness my hand and official seal. Notar u is Signed: STATE OF COLORADO ) ) SS. COUNTY OF r D The foregoing instrument was acknowledged before me this -J .,&Jt 2009, by (Qrw^z 7~mQgcYt My commission expires CJ e , 200 S . CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 n of day of Witness my hand and official seal. NotaCY Pula is Page 8 of 10 Signed: William P. Tanner STATE OF COLORADO ) SS. COUNTY OF~ CRAIG BRA ZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this I b day of Sv v- 12009, by William P. Tanner. My commission expires 3 © 200. Witness my hand and official seal. Signed: Glen M. W seloh STATE OF COLORADO *inaE.eseloh ) SS. COUNTY OF aj~/ C- The foregoing instrument was acknowledged before me this day of 3P,G 2009, by Glen M. & Tina E. Weseloh. EABO/Eo saii&3 uoissimwoo AVq My commission expires (()QP (5p L 20~• OCIV80~00 = 0 31H1S 01113nd AHV10N SL,N"3r1HZF/a9 E)jV'c<3 Witness my hand and official seal. Nota1 bli Page 9 of 10 Signed: Gene . Bark STATE OF COLORADO ) SS. COUNTY OKP O ) CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/09/13 The foregoing instrument was acknowledged before me this day of ~So At , 2009, by Gene D. Bark. My commission expires ft" Witness my hand and official seal. CRAIG BRAZANSKAS NOTARY PUBLIC STATE OF COLORADO My Comml®®lon Expires 03/09/13 The foregoing instrument was acknowledged before me this day of Supt 2009, by Elizabeth A. Johnson. My commission expires r 0 , 20$1. Witness my hand and official seal. Not Pu is Page 10 of 10 . n nnA'? ) SS. COUNTY OF'}pf50~ ) EXHIBIT "A" AN IRRIGATION EASEMENT ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 AN IRRIGATION EASEMENT LOCATED ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH LINE OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION BEARS NORTH 89'40'28" EAST, A DISTANCE OF 115.00 FEET, ACCORDING TO THE RECORDED PLAT THEREOF, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3A; THENCE ALONG THE EAST LINE OF SAID LOT 3A NORTH 00'10'50" WEST, A DISTANCE OF 3.72 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 89'49'10" WEST, A DISTANCE OF 78.05 FEET; THENCE NORTH 45'10'52" WEST, A DISTANCE OF 52.25 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3A; THENCE ALONG SAID WEST LINE NORTH 00'10'50" WEST, A DISTANCE OF 49.95 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'49'10" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'10'50" EAST, A DISTANCE OF 45.81 FEET; THENCE SOUTH 45'10'52" EAST, A DISTANCE OF 43.97 FEET; THENCE NORTH 89'49'10" EAST, A DISTANCE OF 65.91 FEET; THENCE NORTH 00'10'50" WEST, A DISTANCE OF 9.63 FEET; THENCE NORTH 44'49'08" EAST, A DISTANCE OF 14.14 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3A; THENCE ALONG SAID EAST LINE SOUTH 00'10'50" EAST, A DISTANCE OF 29.63 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 1,866 SQUARE FEET OR 0.04 ACRES, MORE OR LESS I, JOHN B. GUYTON, A LICENSED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS EASEMENT DESCRIPTION AND ATTACHED EXHIBIT, BEING MADE AC ~PART THEREOF, WERE PREPARED BY ME OR UNDER MY CHARGE REPROESE NL A MONUMENT ~ ~ G- S I Y FOR THE CLIENT A SUBDIVIDE LAND INOVIOILA ION OF OSTATE R6~E p ; STATUTE. 0 Gi F 16406 ~ O~- JO B. GUY- N MATE COAIRMAN/CEOs FLAG ONS° ,,,,~„ANpO~J`\\FSI JOB NO. 09-55,559 Itt THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING EASEMENT DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. EXHIBIT "A" AN IRRIGATION EASEMENT ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 2 LOT 2A \ LOT 3A N8 0" E 10.0 10.00 \ H~ APPROX. ~~s R\ Y LOCATION \ tit Mdo 00 OF OUTFAL L \ oP piTp 00 S SU H\ S J 0] Y 0) 4y40peS~O,y \ O d W \ Bes epoRpf F O m 3: opt U) \\T R cc\ (y I O M 0 0 F~''Fg~ \ 'YpA\ \ O \ `qo'T ?ppej \ f- a O r0 O a 0 o _j Z \ \ H < 0 \ Is, k S \ ~ OS ~ ~ '~ZS• ~ 3 A 0 H7 w O Mo 0 N89'49'10"E 65.91' z o N IKKIVHIIVIV LHJLiVIUVI EGINNING S89'49'10"W 78.05' BASIS OF BEARINGS N89'40 28 E 115.00 0 [4 POINT OOMMENCEMENT SOUTH LINE OF LOT 3A SE COR. LOT 3A CD M FOUND #5 REBAR WITH PLASTIC CAP FOUND y5 REBAR o "PLS 9655 AEGIS" • WITH PLASTIC CAP "PLS 9655 AEGIS" O Z EAST OF CORNER) (1.2 FSI JOB NO. 09-55,559 20 0 10 20 DRAWN BY: P.WIESE DATE: 2/24/09 i I " SCALE 1 =20' nc. rons, Flat THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING EASEMENT DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. EXHIBIT "B" LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 1 l LLJI ni I 1 I LA FEP FR LEGEND _ SITE *.p LATERAL RIGHTS OWNERS - USE LOCATION SCALE 1 "=400' THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. END DRCH WEPo FSI JOB NO. 09-55,559 DRAWN BY: P.WIESE DATE: 2-19-09 City of WheatP dge (OMMtJNRY ()EVL.LOI'MLNT City of Wheat Ridge Municipal Building 7500 W. 29°i Ave. February 23, 2009 Paige Wiese Flatirons, Inc. 3825 Iris Ave, Ste 100 Boulder, CO 80301 Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 RE: Hylands Hill Irrigation Easement Vacation Dear Ms. Wiese: I have reviewed your revised draft agreement to vacate and relocate the irrigation easement for Lot 3A of the Hylands Hill subdivision and I have the following comments: 1. The ditch vicinity map shown as "Exhibit B" is acceptable, as long as it is properly referenced in the agreement. 2. The easement shown running along the western property line must be at least 10' in width, matching the width of the rest of the easement. A 5' easement for a ditch is not considered adequate width to access and make any repairs/improvements to the ditch that may be needed in the future. Please resubmit the revised agreement along the required signatures to be in compliance with the above comments and the document will be ready for recordation. Also, according to our records we have not collected the required $300 application fee. Once we have the document with all the required signatures in recordable form, the building permit for Lot 3A may be issued. Feel free to contact me at 303.235.2849 or at [hint s~ i_~thezuricl.4e.cu.us if you have any questions or concerns. Sincerely, Jeff Hirt Planner, Community Development Department Fvr+ev.ci.wheairidEe.co.us Ifl ii~l~ Flatirons, Inc. Surveying, Engineering & Geomaties 3825 Iris Avenue suite# 100 Boulder, CO 80301 www.flatsurv.com February 18, 2009 W~ dA Jeff Hirt al- Planner, Community Development Department f~n~ viy(.¢r 7500 W. 291h Ave. Wheat Ridge, CO 80033 Re: Hylands Hill Irrigation Easement Vacation 1. Please insert language indicating that the owners acknowledge that they encompass the entire ownership of the lateral. You could also put a signature for the ditch master indicating that he/she understands that those owners shown here encompass all ownership. The intent of this requirement is to ensure that all those with ditch rights to this lateral are included on the agreement, as the city does not keep records of this information. Updated 2. Please attach an additional exhibit (or supplemental information to Exhibit A) showing the full length of the lateral. This could be in the form of an aerial or vicinity map generally indicating its location off of the main ditch. To be provided at a later date. 3. The easement as it runs along the western property line is half the width of the rest of the easement. It appears that either half of the easement is on the adjacent property to the west, or the full width of the easement is not accounted for. Please either make the correction on the exhibit showing the full width of the easement/ditch, indicate a recorded irrigation easement on the adjacent property, or provide a written explanation as to why the ditch is half of the width along the western property line. The easement is offset 5 feet from the centerline of the proposed pipe into the property and extended to the property line. 4. There is a gap in where the proposed irrigation easement begins on the subject property, and where the existing easement (and presumably the actual ditch) begins on the subject property along the western property line. With this, it is difficult to determine how a connection will be made to the existing ditch on the western property line. Please extend the proposed easement north to connect to the existing easement/ditch or propose another alternative to address this issue. The outfall of the existing irritation pipe along the West property line is 12 feet south of the 10' Irrigation Ditch Easement Rec. No. 200814528. The proposed Irrigation Easement will be in the proper location to accommodate the ditch. 5. We would recommend providing a name for the vacation - e.g., "Hylands Lot 3A Irrigation Ditch Easement Vacation". Documents are not typically named. The appropriate revisions have been made I have attached the required copies for your review. Please contact me at 303-443-7001, or via e-mail at pwiese@flatsurv.com should you have questions or concerns related to this response. Sincerely, Paige Wiese Project Manager AGREEMENT AND GRANT OF EASEMENT AND VACATION OF EASEMENT DESCRIPTION KNOW ALL MEN BY THESE PRESENTS, that Patrick Hyland, of 6330 W. 30`h Ave., Wheat Ridge, CO 80214, owner of the parcel of land known as Lot 3A, Hyland's Hill Minor Subdivision, recorded February 15, 2008 at Reception No. 200814528, Jefferson County, Colorado, and [All of the water rights owners of the lateral ditch (with address of use):I Ditch Manager: David R. & Joyce A. Greene, of 2915 Kendall Street, Wheat Ridge, CO 80214 Other Owners: Bradley G. & Judith K. Apple of Apple Blossom, L.L.C., of 6417 W. 29"' Avenue, Wheat Ridge, CO 80214, and John Bergren, of 6121 W. 29"' Avenue, Wheat Ridge, CO 80214, and Alan G. Carter, of 6795 W. 3I't Avenue, Wheat Ridge, CO 80214, and Van E. Carver, of 6735 W. 31" Avenue, Wheat Ridge, CO 80214, and Davis Reinhart, of 2690 Pierce Street, Wheat Ridge, CO 80214, and Bruce M. & Judith Ann Douglass, of 6665 W. 31s` Avenue, Wheat Ridge, CO 80214, and Eugene & Leonore Kiefel, of 2935 Kendall Street, Wheat Ridge, CO 80214, and Kathy & Rhet Behler, 3005 Newland Street, Wheat Ridge, CO 80214, and Kirk Smith, of 6630 W. 31s` Avenue, Wheat Ridge, CO 80214, and Germaine Peterson, of 6760 W. 31" Avenue, Wheat Ridge, CO 80214, and William P. Tanner, of 6705 W. 31s` Avenue, Wheat Ridge, CO 80214, and Glen M. & Tina E. Weseloh, of 6730 W. 31" Avenue, Wheat Ridge, CO 80214, and Gene D. Bark, of 3181 Pierce Street, Wheat Ridge, CO 80214, and Elizabeth A. Johnson, of 6767 W. 31" Avenue, Wheat Ridge, CO 80214 of the ditch affecting that parcel of land known as Lot 3A, Hyland's Hill Minor Page 1 of 10 Subdivision, recorded February 15, 2008 at Reception No. 200814528, Jefferson County, Colorado For good and valuable consideration and the mutual promises and obligations recited below, the receipt and sufficiency of which are hereby acknowledged, hereby covenant and agree as follows: WHEREAS: The Owner platted the land known as Hyland's Hill Minor Subdivision recorded February 15, 2008 at Reception No. 2008014528, Jefferson County, Colorado; WHEREAS: The plat of Hyland's Hill Minor Subdivision dedicated a 10' Irrigation Ditch Easement over and across a portion of Lot 3A; and WHEREAS: The easement description as set forth on said plat prevents efficient use of the property, and is to be relocated to facilitate development; NOW, THEREFORE, BE IT AGREED: 1. The Owner vacates that portion of the 10' Irrigation Ditch Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; 2. The Owner dedicates the Irrigation Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; and 3. That the new easement as described and depicted as "Exhibit A" has the same requirements and restrictions per the recorded plat of Hyland's Hill Minor Subdivision recorded February 15, 2008 at Reception No. 2008014528, Jefferson County, Colorado; 4. That this easement is permanent and perpetual and intended to bind the parties hereto, their heirs, successors and assigns, and their respective properties, to touch and concern said parcels, and to run with the land and succeeding interests therein; and 5. That this agreement and the easements granted may not be expanded or modified except by a farther agreement in writing and in recordable form by the parties hereto or their heirs, successors or assigns. Owner warrants its ability to grant and covey this easement. Page 2 of 10 Signed: Owner Patrick Hyland STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Patrick Hyland, Owner. My commission expires 1200 Witness my hand and official seal. Notary Public We the undersigned interest holders in the irrigation lateral being hereby relocated, on behalf of ourselves and our successors, assigns and transferees, hereby approve and endorse the vacation of the platted location and dedication of the newly described location as shown and described on the attached Exhibit "A". Signed: David R. Greeno Joyce A. Greeno STATE OF COLORADO SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by David R. & Joyce A. Greeno. My commission expires , 200_ Witness my hand and official seal. Notary Public Page 3 of 10 Signed: Apple Blossom, L.L.C. Bradley G. Apple STATE OF COLORADO ) SS. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 2009, by Bradley G. Apple, as owner of Apple Blossom, L.L.C.. My commission expires , 200_. Witness my hand and official seal. Notary Public Signed: John Bergren STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by John Bergren. My cormnission expires , 200_, Witness my hand and official seal. Notary Public Page 4 of 10 Signed: Alan G. Carter STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Alan G. Carter. My commission expires 1200 . Witness my hand and official seal. Notary Public Signed: Van E. Carver STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 12009, by Van E. Carver. My commission expires 1200 . Witness my hand and official seal. Notary Public Page 5 of 10 Signed: Davis Reinhart STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Davis Reinhart. My commission expires , 200_, Witness my hand and official seal Notary Public Signed: Bruce M. Douglass Judith Ann Douglass STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Bruce M. & Judith Ann Douglass. My commission expires , 200_. Witness my hand and official seal, Notary Public Page 6 of 10 Signed: Eugene Kiefel Leonore Kiefel STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 12009, by Eugene & Leonore Kiefel. My commission expires , 200_. Witness my hand and official seal Notary Public Signed: Kathy Behler Rhet Behler STATE OF COLORADO SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Kathy & Rhet Behler. My commission expires 1200 . Witness my hand and official seal. Notary Public Page 7 of 10 Signed: Kirk Smith STATE OF COLORADO ) SS. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 12009, by Kirk Smith. My commission expires , 200_. Witness my hand and official seal. Notary Public Signed: Germaine Peterson STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Germaine Peterson. My couunission expires , 200_. Witness my hand and official seal. Notary Public Page 8 of 10 Signed: William P. Tanner STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 12009, by William P. Tanner. My commission expires , 200_. Witness my band and official seal. Notary Public Signed: Glen M. Weseloh Tina E. Weseloh STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Glen M. & Tina E. Weseloh. _ My commission expires 1200 Witness my hand and official seal. Notary Public Page 9 of 10 Signed: Gene D. Bark STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 12009, by Gene D. Bark. My commission expires , 200_ Witness my hand and official seal. Notary Public Signed: Elizabeth A. Johnson STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Elizabeth A. Johnson. My cormnission expires , 200_. Witness my hand and official seal. Notary Public Page 10 of 10 EXHIBIT "A" AN IRRIGATION EASEMENT ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 AN IRRIGATION EASEMENT LOCATED ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH LINE OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION BEARS NORTH 89'40'28" EAST, A DISTANCE OF 115.00 FEET, ACCORDING TO THE RECORDED PLAT THEREOF, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3A; THENCE ALONG THE EAST LINE OF SAID LOT 3A NORTH 00'10'50" WEST, A DISTANCE OF 3.72 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 89'49'10" WEST, A DISTANCE OF 78.05 FEET; THENCE NORTH 45'10'52" WEST, A DISTANCE OF 52.25 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3A; THENCE ALONG SAID WEST LINE NORTH 00'10'50" WEST, A DISTANCE OF 49.95 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89'49'10" EAST, A DISTANCE OF 6.50 FEET; THENCE SOUTH 00'10'50" EAST, A DISTANCE OF 42.31 FEET; THENCE SOUTH 45°10'52" EAST, A DISTANCE OF 48.92 FEET; THENCE NORTH 89'49'10" EAST, A DISTANCE OF 65.91 FEET; THENCE NORTH 00°10'50" WEST, A DISTANCE OF 11.63 FEET; THENCE NORTH 44'49'08" EAST, A DISTANCE OF 11.31 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3A; THENCE ALONG SAID EAST LINE SOUTH 00°10'50" EAST, A DISTANCE OF 29.63 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 1,691 SQUARE FEET OR 0.04 ACRES, MORE OR LESS I, JOHN B. GUYTON, A LICENSED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS EASEMENT DESCRIPTION AND ATTACHED EXHIBIT, BEING MADE A PART THEREOF, WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE REQUEST OF THE CLIENT AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY OR SUBDIVIDE LAND IN VIOLATION OF STATE STATUTE. DRAFT JOHN B. GUYTON COLORADO P.L.S. #16406 CHAIRMAN/CEO, FLATIRONS, INC. DATE FSI JOB NO. 09-55,559 THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING EASEMENT DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. EXHIBIT "A" AN IRRIGATION EASEMENT ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 2 LOT 2A N89"49'10 E 6.50' \ APPROX. LOCATION - OF OUTFALL Ln Y O O J 0] H Q O n J O ~ o a w z J I- -(n 3 yeti . LOT 3A Ul Y U O J CO O J 0 [if Q O_ ~ OR TOy~ c\I b is, S4r4001' OV F\ \ e~SRF~bROA F 7T0" p a \(yeRFB Npq O \ 6.90q 20OB,A\ \~J She SRS. \ \ Ss6. \ \ ol RSA F \ u8 NO0°10'50"W S~jyS 92. /4 11.63 N89°49'10"E 65.91' I BASIS OF BEARIP FOUND #5 REBAR SOUTH LI WITH PLASTIC CAP "PLS 9655 AEGIS" (1.2' EAST OF CORNER) 20 0 10 20 SCALE 1 "=20' THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING EASEMENT DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. Off, 0. U) n o f° m O N O (n / S89"49'10"W 78.05'/ _S N89°40 28 E NE OF LOT 3A FSI JOB NO. 09-55,559 DRAWN BY: P.WIESE DATE: 2/18/09 115.00 N POINT OF COMMENCEMENT h SE COR. LOT 3A Ni FOUND {/5 REBAR O WITH PLASTIC CAP O "PLS 9655 AEGIS" z City of Wheatl_ ~ Jge CONL'vit7NFCY VI_1_0 11MFNT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 February 12, 2009 Paige Wiese Flatirons, Inc. 3825 Iris Ave, Ste 100 Boulder, CO 80301 RE: Hylands Hill Irrigation Easement Vacation Dear Ms. Wiese: I have reviewed your draft agreement to vacate and relocate the irrigation easement for Lot 3A of the Hylands Hill subdivision and I have the following comments: I . Please insert language indicating that the owners acknowledge that they encompass the entire ownership of the lateral. You could also put a signature for the ditch roaster indicating that he/she understands that those owners shown here encompass all ownership. The intent of this requirement is to ensure that all those with ditch rights to this lateral are included on the agreement, as the city does not keep records of this information. 2. Please attach an additional exhibit (or supplemental information to Exhibit A) showing the full length of the lateral. This could be in the form of an aerial or vicinity map generally indicating its location off of the main ditch. 3. The easement as it runs along the western property line is half the width of the rest of the easement. It appears that either half of the easement is on the adjacent property to the west, or the full width of the easement is not accounted for. Please either make the correction on the exhibit showing the full width of the easement/ditch, indicate a recorded irrigation easement on the adjacent property, or provide a written explanation as to why the ditch is half of the width along the western property line. 4. There is a gap in where the proposed irrigation easement begins on the subject property, and where the existing easement (and presumably the actual ditch) begins on the subject property along the western property line. With this, it is difficult to determine how a connection will be made to the existing ditch on the western property line. Please extend the proposed easement north to connect to the existing easement/ditch or propose another alternative to address this issue. 5. We would recommend providing a name for the vacation -e.g., "Hylands Lot 3A Irrigation Ditch Easement Vacation". Please resubmit the revised agreement to be in compliance with the above comments. Also, according to our records we have not collected the required $300 application fee. Feel free to submit the revised agreement electronically for review prior to initiating the required signatures for recordation. Once we have the document with all the required signatures in recordable form, the building permit for Lot 3A may be issued. Feel free to contact me at 303.235.2849 or ati iit7(i.~ei.tvheah'id^e.ca.us if you have any questions or concerns. Sincerely, Jeff Hirt Planner, Community Development Department pr5rts.ci ;clreezt=iciraca.us N[Civ W CAMNLUNTS GM~-lAn (y1n15(1' ~'/f A VACATION OF EASEMENT DESCRIPTION 1 KNOW ALL MEN BY THESE PRESENTS, that Patrick Hyland, of 6330 W. 30'hAve., Wheat Ridge, CO Owner of the parcel of land known as Lot 3A, Hyland's Hill Minor Sub , recorded February 15, 2008 at Reception No. 200814528, Jefferson County, Colorado, and Water rights owners with address of use: Bradley G. & Judith K. Apple of Apple Blossom, L.L.C., of 6417 W. 29`x' Avenue, Wheat Ridge, CO 80214, and John Bergren, of 6121 W. 29'h Avenue, Wheat Ridge, CO 80214, and Alan G. Carter, of 6795 W. 31" Avenue, Wheat Ridge, CO 80214, and Van E. Carver, of 6735 W. 31s` Avenue, Wheat Ridge, CO 80214, and Davis Reinhart, of 2690 Pierce Street, Wheat Ridge, CO 80214, and Bruce M. & Judith Ann Douglass, of 6665 W. 31" Avenue, Wheat Ridge, CO 80214, and David R. & Joyce A. Greeno, of 2915 Kendall Street, Wheat Ridge, CO 80214, and Eugene & Leonore Kiefel, of 2935 Kendall Street, Wheat Ridge, CO 80214, and Kathy & Rhet Behler, 3005 Newland Street, Wheat Ridge, CO 80214, and Kirk Smith, of 6630 W. 31s` Avenue, Wheat Ridge, CO 80214, and Germaine Peterson, of 6760 W. 30 Avenue, Wheat Ridge, CO 80214, and William P. Tanner, of 6705 W. 31" Avenue, Wheat Ridge, CO 80214, and Glen M. & Tina E. Weseloh, of 6730 W. 31" Avenue, Wheat Ridge, CO 80214, and Gene D. Bark, of 3181 Pierce Street, Wheat Ridge, CO 80214, and Elizabeth A. Johnson, of 6767 W. 31" Avenue, Wheat Ridge, CO 80214 of the ditch affecting that parcel of land known as Lot 3A, Hyland's Hill Minor Page 1 of 10 Subdivision, recorded February 15, 2008 at Reception No. 200814528, Jefferson County, Colorado For good and valuable consideration and the mutual promises and obligations recited below, the receipt and sufficiency of which are hereby acknowledged, hereby covenant and agree as follows: WHEREAS: The Owner platted the land known as Hyland's Hill Minor Subdivision recorded February 15, 2008 at Reception No. 2008014528, Jefferson County, Colorado; WHEREAS: The plat of Hyland's Hill Minor Subdivision dedicated a 10' Irrigation Ditch Easement over and across a portion of Lot 3A; and ! I 3, (AA-V y Cr~+ wt c ~ I IPCL9-t e, ` h ~A owl\eti ) WHEREAS: The easement description as set forth on said plat prevents efficient use of the property, and is to be relocated to facilitate development; NOW, THEREFORE, BE IT AGREED: 1. The Owner vacates that portion of the 10' Irrigation Ditch Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; 2. The Owner dedicates the Irrigation Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; and 3. That the new easement as described and depicted as "Exhibit A" has the same requirements and restrictions per the recorded plat of Hyland's Hill Minor Subdivision recorded February 15, 2008 at Reception No. 2008014528, Jefferson County, Colorado; 4. That this easement is permanent and perpetual and intended to bind the parties hereto, their heirs, successors and assigns, and their respective a properties, to touch and concern said parcels, and to run with the land and u,N, G d j a ~f~ ( succeeding interests therein; 4d j.ec~OAJ and 5. That this agreement and the easements granted may not be expanded or modified except by a further agreement in writing and in recordable form by the parties hereto or their heirs, successors or assigns. Owner warrants its ability to grant and covey this easement. Page 2 of 10 Signed: Owner Patrick Hyland STATE OF COLORADO SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Patrick Hyland, Owner. My commission expires 1200 Witness my hand and official seal. Notary Public We the undersigned interest holders in the irrigation lateral being hereby relocated, on behalf of ourselves and our successors, assigns and transferees, hereby approve and endorse the vacation of the platted location and dedication of the newly described location as shown and described on the attached Exhibit "A". Signed: Apple Blossom, L.L.C Bradley G. Apple STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2009, by Bradley G. Apple, as owner of Apple Blossom, L.L.C. My commission expires 1200 Witness my hand and official seal. Notary Public Page 3 of 10 Signed: John Bergren STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2009, by John Bergren. My commission expires 1200 Witness my hand and official seal. Notary Public Signed: Alan G. Carter STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Alan G. Carter. My connnission expires , 200_. Witness my hand and official seal, Notary Public Page 4 of 10 Signed: Van E. Carver STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Van E. Carver. My commission expires 1200 . Witness my hand and official seal Notary Public Signed: Davis Reinhart STATE OF COLORADO ) SS. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 2009, by Davis Reinhart. My commission expires , 200_. Witness my hand and official seal. Notary Public Page 5 of 10 Signed: Bruce M. Douglass Judith Ann Douglass STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Bruce M. & Judith Ann Douglass. My commission expires 200 Witness my hand and official seal. Notary Public Signed: David R. Greeno Joyce A. Greeno STATE OF COLORADO ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 12009, by David R. & Joyce A. Greene. My commission expires 200 Witness my hand and official seal. Notary Public Page 6 of 10 Signed: Eugene Kiefel STATE OF COLORADO ) SS. COUNTY OF ) Leonore Kiefel The foregoing instrument was acknowledged before me this day of 2009, by Eugene & Leonore Kiefel. My commission expires , 200_ Witness my hand and official seal. Notary Public Signed: Kathy Behler Rhet Behler STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Kathy & Rhet Behler. My commission expires , 200_ Witness my hand and official seal. Notary Public Page 7 of 10 Signed: Kirk Smith STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before ire this day of 2009, by Kirk Smith. My coimnission expires 1200 Witness my hand and official seal. Notary Public Signed: Germaine Peterson STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Germaine Peterson. My commission expires 1200 _ Witness my hand and official seal. Notary Public Page 8 of 10 Signed: William P. Tanner STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by William P. Tanner. My commission expires Witness my hand and official seal 200 Notary Public Signed: Glen M. Weseloh Tina E. Weseloh STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Glen M. & Tina E. Weseloh. My commission expires 200 Witness my hand and official seal. Notary Public Page 9 of 10 Signed: Gene D. Bark STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2009, by Gene D. Bark. My conunission expires , 200_ Witness my hand and official seal. Signed: Elizabeth A. Johnson Notary Public STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2009, by Elizabeth A. Johnson. My commission expires 1200 _ Witness my hand and official seal. Notary Public Page 10 of 10 EXHIBIT "A" AN IRRIGATION EASEMENT ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 AN IRRIGATION EASEMENT LOCATED ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH LINE OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION BEARS NORTH 89°40'28" EAST, A DISTANCE OF 115.00 FEET, ACCORDING TO THE RECORDED PLAT THEREOF, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3A; THENCE ALONG THE EAST LINE OF SAID LOT 3A NORTH 00°10'50" WEST, A DISTANCE OF 3.72 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 89°49'10" WEST, A DISTANCE OF 78.05 FEET; THENCE NORTH 45'10'52" WEST, A DISTANCE OF 52.25 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3A; THENCE ALONG SAID WEST LINE NORTH 00°10'50" WEST, A DISTANCE OF 49.95 FEET; THENCE DEPARTING SAID WEST LINE NORTH 89°49'08" EAST, A DISTANCE OF 6.50 FEET; THENCE SOUTH 00°10'52" EAST, A DISTANCE OF 42.31 FEET; THENCE SOUTH 45°10'52" EAST, A DISTANCE OF 48.92 FEET; THENCE NORTH 89°49'10" EAST, A DISTANCE OF 65.89 FEET; THENCE NORTH 00'05'17" WEST, A DISTANCE OF 11.63 FEET; THENCE NORTH 44°49'08" EAST, A DISTANCE OF 11.31 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3A; THENCE ALONG SAID EAST LINE SOUTH 00°10'50" EAST, A DISTANCE OF 29.63 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 1,690 SQUARE FEET OR 0.04 ACRES, MORE OR LESS I, JOHN B. GUYTON, A LICENSED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS EASEMENT DESCRIPTION AND ATTACHED EXHIBIT, BEING MADE A PART THEREOF, WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE REQUEST OF THE CLIENT AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY OR SUBDIVIDE LAND IN VIOLATION OF STATE STATUTE. DRAFT JOHN B. GUYTON COLORADO P.L.S. #16406 CHAIRMAN/CEO, FLATIRONS, INC. DATE FSI JOB NO. 09-55,559 THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING EASEMENT DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. EXHIBIT "A" AN IRRIGATION EASEMENT ON A PORTION OF LOT 3A, HYLAND'S HILL MINOR SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 2 LOT 2A Uv ` ~ /2 5 LOT 3A N89°49'08" ~ 6. 50' Lo ( \ 4 ~~y p Y < ` A r7 c nj `rG y~ ~4 I ~ In 1 / l \ ~Ypp~SpNbf\ Fpp \ f ~ R f O O O] d' s, Rp cV CD Pp 4TR Q I L oq\ O \(yfRFp O H Q O Y \ Lq 200 e U) (If Q O O O ~RS2B \ 0_ O I Z \ Off, a SQ S ~R O_ S° \ s\ \ Z R ~ Ld S° ~O• a ~ \ w ~ S2jy 92 °Pq I S o= a NIRO°AO'1n"C C,ri RO' n N INNIUA IUIN tHJtMtN I ////////S89'49'10 BASIS OF BEARINGS N89'40'28""E FOUND *5 REBAR SOUTH LINE OF LOT 3A WITH PLASTIC CAP "PLS 9655 AEGIS" (1.2' EAST OF CORNER) FSI JOB NO. 09-55,559 DRAWN BY: P.WIESE SCALE 1"=20' DATE: 1/30/09 Sur THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR 3825 IRIS AVENUE PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. BOULDER, CO 8 THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PH: (303) 443- EASEMENT DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON FAX: (303) 443 IS BASED ON INFORMATION PROVIDED BY CLIENT. v N POINT OF COMMENCEMENT I, SE COR. LOT 3A O0 Nj FOUND p5 REBAR O WITH PLASTIC CAP O "PLS 9655 AEGIS" Z J,l q 1 N LU N L! I I ~I i a NW 25 ei °I ~I el l^ I el s i I el ^I i c~ I to I e~ el el el el L R-1 STITE5 I I FIRST SPANISH PARK A55EMBLY OF GOC 5Ub 3 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO z ' o ~ w w z ~ $ EDGEWATER ~ E a f 9 LIMITS PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 25 0 ICO " D00 900 Peet N 11T~ x i x DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 gjg~. Ai =~r° "r' } z E ~ a sv~9 sfE5~s a r>5 ~S a_r ~~sxagSg$~. 6 i ? ¢ ( iFC.yvEfPS ':try F #x:. c ~'4 y _i YES F$ au5 t :Y? c~~ 'fix ra 2Z -"ss Siyxs 'R. # i&;g s` ,F dxrf zsc z° ygs x~~ x @~ Ina -_5411 c x e y.e zx s.p $ 3t ;-v x. n C~Q,x .Shy ~a ~ 2 ~,e ga z4~ a~ yrA ~ aeas ? a d x 9iz f ~ err ~~SS ~ a s~ s a ax xsz a 4 ? ~ Np R ZCC(IrzG IlF~ J eli11PG ~a ~ Ii£ a_ u w• WRPGV `4n rJ 2°AlI } ( u~'~ ~L ~ ti xl ~l2y $ h Ec ! ~cpfj✓~St ~2ie2.1 / ~S ~ '£d~S~ ~ TJ".- P ~y4 ~ yy]ggI t ' I tpi l AU~ vto 21 ' R2 YUairvc ~¢'6 R2 'an uo ~ ~ ~ ~ e c 2A° cm.,nM ~Fs yry I}EtxDAL s~- rr £ag a~ z ~s~° I r[~ ~ _i rr w 3 M ~:.3 $ z ear 3: 2 g0 3 R n s 1s ~ gx ~sc 31 2 ae§ a gRC ~ w - "tt n Y~2 a' s~ SF 5#z~d ~s R ~ r ~ gI 0, mg Ogg ~~yy ' a~ ~s ~ y ~r a e fi era y an 4z sf x € 2HR $ x RH` t$ F w~ ~ ~ r4 P g _ a jog RECEPTION#: 20070060624, 08107/2007 at 01:46:56 PM, 1 OF 6, R $31.00 TD Pgs: 0 Scott Doyle, Larimer County, CO AGREEMENT AND GRANT OF EASEMENT AND VACATION OF EASEMENT DESCRIPTION KNOW ALL MEN BY THESE PRESENTS, that FRIENDLY VALLEY, LLC, of 16289 Powers Place, Aurora, CO 80015, hereinafter called "Owner", being the owner of that parcel of land known as Buckhorn Ranch RLUP 99-RLP0033 recorded October 21, 2002 at Reception No. 2002111362, Latimer County, Colorado, for good and valuable consideration and the mutual promises and obligations recited below, the receipt and sufficiency of which are hereby acknowledged, hereby covenant and agree as follows: WHEREAS: The Owner platted the land known as Buckhom Ranch RLUP 99-RLP0033 recorded October 21, 2002 at Reception No. 2002111362, Latimer County, Colorado; WHEREAS: The plat of Buckhom Ranch RLUP 99-RLP0033 dedicated a 100' private road and utility easement over and across a portion of Lot 6, Lot 7, and Lot C; and WHEREAS: The easement description as set forth on said plat is incorrect and does not follow the route of the road as constructed and installed; NOW, THEREFORE, BE IT AGREED: 1. The Owner vacates that portion of the 100' Private Road and Utility easement as shown and described in Exhibit "B" attached hereto and made a part hereof by this reference; 2. The Owner dedicates the 100' Private Road and Utility Easement as shown and described in Exhibit "A" attached hereto and made a part hereof by this reference; 3. That the new easement as described and depicted herein as "Exhibit A" has the same requirements and restrictions per the recorded plat of Buckhom Ranch RLUP 99-RLP0033 recorded October 21, 2002 at Reception No. 2002111362, Latimer County, Colorado; 4. That this easement is permanent and perpetual and intended to bind the Owners, their heirs, successors and assigns, and their respective properties, to touch and concern said parcels, and to run with the land and succeeding interests therein; and 5. That this agreement and the easements granted may not be expanded or modified except by a further agreement in writing and in recordable form by the Owners or their heirs, successors or assigns. Owner warrants its ability to grant and convey this easement. Cu5T S(w t (,,.MAQ chx wP Ct& yru ` ttdwrPnf ft~tnclv'~ u'~ 0jj LS Page 1 of 2 ✓ 65S ~vutiTH hV~, hNbMaNTi co SaSa 1 Signed: Frindly Valley by Charles H ahlen, ~+~m~`~• STATE OF COLORADO ) County of ) ss. The f regoing instrument was acknowledged before me this 3 I day of IULy 2007, by Charles H. Wahlen, as manager of Friendly Valley, LLC.. My commission expires q 22 20a4 Witness my hand and official seal. Notary Public ce;.=✓r (cry 5 C5 S86-05-~2-E C6 I N N... ~..NN LOT 6 N 60...t~... O...i ` t CURVE TABLE CURVE LENGTH RADIUS DELTA ANGLE ANGEN CH BEARING H DIST Cl 121.73 105.00 66-25'36' 68.75' N72'IB'44-E 115A3- C2 2089 30.00 39'53'44' 10.89' N85-3440'E 20.47' C3 153.45 110.00 79.55'35' MAW N25.4010VE 141,31' C4 161,78 720.00 12'52125' 81.23' N07'51'35'W 161,44' C5 17.90 19259 5.19'31' 8.96' N011422'E 17.89' C6 8,61 9259 5.19'31' 4.31' SOPl4'22'V 8.60' C7 13931 620.00 12.52'25' 69.95' S07'51'35'E 139.01' C8 292.95 210.03 79'55'35' 175.98' S25'40'00'V 269.76' C9 90.52 130,00 39'53'44' 4718' 585.34'40-V 88.70' CIO 5.90 5.00 6625'36' 3.27' S7218'44'V 5.48' EXHIBIT "A" I00' PRIVATE ROAD AND UTILITY EASEMENT BUCKHORN RANCH R.L.U.P. 99-RLP0033 COUNTY OF LARIMER, STATE OF COLORADO SHEET 1 OF 2 ENVELOP'- 04 gU1LDINO ~T'(pICAL) a~`O u a 589'31'08"E 169.26' - C3 . ...0.~... y A.?. CI 9~ 49 F.~Z:.:.:.:... . £ ~9. 3 O J4282g, N55 65 Q. Ct N 02iG C2ti P... 3 7B 500 SO. FT - . . ACRES'.' _ Q'v ClQ'.'.'.' Cp tot ~ A LOT 49 11.707 ac T~ Y9. <roT goy tix F~,ti~ st 2a ~'q Of ~.O ~,r C7 o T~` 'po s- O 2.??~ s O~ FR CORN 16 FSI JOB NO. 05-46,323 DRAWN BY: J. MEEKS DATE: MAY 24, 2007 GRAPHIC SCALE 100 0 50 100 ( IN FEET ) 1 inch = 100 ft. EXHIBIT "A" I00' PRIVATE ROAD AND UTILITY EASEMENT BUCKHORN RANCH R.L.U.P. 99-RLP0033 COUNTY OF LARMER, STATE OF COLORADO SHEET 2 OF 2 PARCEL DESCRIPTION; A 100 FOOT WIDE PRIVATE ROAD AND UTILITY EASEMENT ACROSS PORTIONS OF LOTS 6, 7 ANC C, BUCKHORN RANCH R.L.U.P. 99-RLP0033, SHEET 4 OF 9, LOCATED IN THE NORTH EAST ONE QUARTER OF SECTION 15, TOWNSHIP 5 NORTH, RANGE 70 WEST OF THE 6th P.M. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF CR 27, SAID POINT BEARS NORTH 43'19'02" WEST FROM THE SOUTHERN MOST CORNER OF LOT C, AS SHOWN ON THE FINAL PLAT OF BUCKHORN RANCH R.L.U.P. 99-RLP0033, SHEET 4 OF 9, RECEPTION NUMBER 2002111362, A DISTANCE OF 172.36 FEET; THENCE NORTH 43'19'02" WEST ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID CR 27 A DISTANCE OF 100.88 FEET; THENCE NORTH 39'05'56" EAST A DISTANCE OF 6.32 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 105.00 FEET, AN ARC LENGTH OF 121.73 FEET, A DELTA ANGLE OF 66'25'36", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF NORTH 72'18'44" EAST 115.03 FEET; THENCE SOUTH 74'28'28" EAST A DISTANCE OF 95.50 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 2089 .FEET, A DELTA ANGLE Of 39"53'44", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF NORTH 8534'40" EAST 20.47 FEET; THENCE NORTH 65'37'48" EAST A DISTANCE OF 6.51 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, AN ARC LENGTH OF 153.45 FEET, A DELTA ANGLE OF 79'55'35", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF NORTH 25'40'00" EAST 141.31 FEET; THENCE NORTH 14'17'48" WEST A DISTANCE OF 35.33 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 720.00 FEET, AN ARC LENGTH OF 161.78 FEET, A DELTA ANGLE OF 12'52'25", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF NORTH 07'51'35" WEST 161.44 FEET; THENCE NORTH 01'25'22" WEST A DISTANCE OF 12823 FEET; THENCE THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 192.59 FEET, AN ARC LENGTH OF 17.90 FEET, A DELTA ANGLE OF 05'19'31", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF NORTH 01'14'22" EAST 17.89 FEET TO INTERSECT THE WEST SIDE OF THE EXISTING 100 FEET WIDE PRIVATE ROAD AND UTILITY EASEMENT AS SHOWN ON SAID SHEET 4 OF 9; THENCE SOUTH 86'05'52" EAST A DISTANCE OF 100.00 FEET TO INTERSECT THE EAST SIDE OF SAID EXISTING 100 FOOT WIDE PRIVATE ROAD AND UTILITY EASEMENT AS SHOWN ON SAID SHEET 4 OF 9; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 92.59 FEET, AN ARC LENGTH OF 8.61 FEET, A DELTA ANGLE OF 05'19'31", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF SOUTH 01'14'22" WEST 8.60 FEET THENCE SOUTH 01'25'22" EAST A DISTANCE OF 128.23 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 620.00 FEET, AN ARC LENGTH OF 139.31 FEET, A DELTA ANGLE OF 12'52'25", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF SOUTH 07'51'35" EAST 139.01 FEET; THENCE SOUTH 14'17'48° EAST A DISTANCE OF 35.33 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET, AN ARC LENGTH OF 292.95 FEET, A DELTA ANGLE OF 79'55'35", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF SOUTH 25'40'00" WEST 269.76 FEET; THENCE SOUTH 65'37'48" WEST A DISTANCE OF 6.51 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 130.00 FEET, AN ARC LENGTH OF 90.52 FEET, A DELTA ANGLE OF 39'53'44", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF SOUTH 85'34'40" WEST 88.70 FEET; THENCE NORTH 7428'28" WEST A DISTANCE OF 95.50 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 5.00 FEET, AN ARC LENGTH OF 5.80 FEET, A DELTA ANGLE OF 66'25'36", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF SOUTH 72'18'44" WEST 5.48 FEET; THENCE SOUTH 39'05'56" WEST A DISTANCE OF 19.63 FEET TO THE POINT OF BEGINNING. CONTAINING 78,500 SQUARE FEET OR 1.80 ACRES, MORE OR LESS. Surveyor's I, ROBERT A. RICKARD, A ON BEHALF OF FLATIRON: WERE MADE UNDER MY 0 INFORMATION AND BEd& 282 ROBERT A. RICKARD COLORADO P.L.S. #28: FOR AND ON BEHALF SURVEYOR, LICENSED IN THE STATE OF COLORADO DO HEREBY STATE FOR AND PARCEL DESCRIPTION AND THE ATTACHED EXHIBIT, BEING MADE A PART HEREOF, Me.D{CHECNNG, AND ARE ACCURATE TO THE BEST OF BY KNOWLEDGE, 06-46,323 FS] JOB NO. 05-46,323 DRAWN BY: J. MEEKS DATE: MAY 24, 2007 6 EXHIBIT "B" 100' PRIVATE ROAD AND UTILITY EASEMENT BUCKHORN RANCH R.L.U.P. 99-RLP0033 COUNTY OF LARIMER, STATE OF COLORADO HEREBY VACATED SHEET 1 OF 2 i LOT 7 ~ 3.833 ac. I I BUILDING ENVELOPE (TYPICAL) J S8931'08"E 189.26' R=450.00' L=317.23' D=40'23'26" CH=N24'05'51 "E 310.70' I / LOT 6 I 3.745 ac. R=550.00' L=387.72' D=40'23'26" CH=S24'05'51 "W 379.74' cal f~`0 YYlON LOT 49 A ~`SO• 2 'GFL Ly>'900 '°o u~'9.S110` O 02~ 6 qy9! . ~O 2Sq 99TF0 GRAPHIC SCALE 100 0 s0 100 ( IN FEET ) 1 inch = 100 ft. 11.707 ac G FSI JOB NO. 05-46,323 DRAWN BY: J. MEEKS DATE: MAY 24, 2007 Flatirons, Inc. - Surveying & Engineering 3825 IRIS AVE, SUITE 100 655 FOURTH AVENUE BOULDER, CO 80301 LONOMONT, CO 80501 PH: (303) 443-7001 / PH: (303) 776-1733 FAX: (303) 443-9830 FAX: (303) 776-4355 Established 1983 www.fictsurv.com EXHIBIT "B" 100' PRIVATE ROAD AND UTILITY EASEMENT BUCKHORN RANCH R.L.U.P. 99-RLP0033 COUNTY OF LARIMER, STATE OF COLORADO HEREBY VACATED SHEET 2 OF 2 PARCEL DESCRIPTION; A 100 FOOT WIDE PRIVATE ROAD AND UTILITY EASEMENT ACROSS PORTIONS OF LOTS 6, 7 ANC C, BUCKHORN RANCH R.LU.P. 99-RLP0033, SHEET 4 OF 9, LOCATED IN THE NORTH EAST ONE QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 70 WEST OF THE 6th P.M. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT AT THE SOUTHEAST CORNER OF THE 100 FOOT WIDE PRIVATE ROAD AND UTILITY EASEMENT RECORDED AS RECEPTION NO. 2002111362, SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF CR 27, SAID POINT BEARS NORTH 43'19'02" WEST FROM THE SOUTHERN MOST CORNER LOT C, AS SHOWN ON THE FINAL PLAT OF BUCKHORN RANCH R.L.U.P. 99-RLP0033, SHEET 4 OF 9, RECEPTION NUMBER 2002111362, A DISTANCE OF 88.02 FEET; THENCE NORTH 43°19'02" WEST ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID CR 27, A DISTANCE OF 100.09 FEET; THENCE NORTH 44°17'34" EAST A DISTANCE OF 86.59 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 317.23 FEET, A DELTA ANGLE OF 40°23'26", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF NORTH 24°05'51" EAST 310.70 FEET; THENCE NORTH 03°54'08" EAST A DISTANCE OF 202.95 FEET; THENCE SOUTH 86°05'52" EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 03°54'08" WEST A DISTANCE OF 202.95 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 550.00 FEET, AN ARC LENGTH OF 387.72 FEET, A DELTA ANGLE OF 40°23'26", SUBTENDED BY A CHORD BEARING AND CHORD DISTANCE OF SOUTH 24°05'51" WEST 379.74 FEET; THENCE SOUTH 44°17'34" WEST A DISTANCE OF 90.77 FEET TO THE POINT OF BEGINNING. CONTAINING 64,410 SQUARE FEET OR 1.48 ACRES, MORE OR LESS. Surveyor's Statement I, ROBERT A. RICKARD, A REGISTERED LAND SURVEYOR, LICENSED IN THE STATE OF COLORADO DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS, INC. THAT THIS PARCEL DESCRIPTION AND THE:l T° ' tEh~Q, EXHIBIT, BEING MADE A PART HEREOF, WERE MADE UNDER MY DIRECT SUP $ `*]'.-„CHECKING, AND ARE ACCURATE TO THE BEST OF BY KNOWLEDGE, IN I N''C,~K ELIEQF. ROBERT A_ RICKARD %ss e.. DkZT COLORADO P.L.S. #28283 °e~0/YR . O-WM NO. 06-46,323 FOR AND ON BEHALF OF FLATIR~3Pdgs.e~ffL. FS] JOB NO. 05-46,323 DRAWN BY: J. MEEKS DATE: MAY 24, 2007 Page 1 of 2 Jeff Hirt From: Jeff Hirt Sent: Monday, December 15, 2008 3:58 PM To: Craig Brazanskas (cbplumbing@comcast.net) Cc: Dave Brossman Subject: Hylands Hill Lot 3 Plat Application Information Craig, I wanted to clarify a few things so we're on the same page since you appear to be handling the platting process. The application you are working with is a land use application before a building permit application can be signed off on. The process we're following is the reverse of the typical - usually the building permit follows the platting. I'm not sure if you've worked on a land use application, but it is a different process than a building permit. This is what every land use applicant has to go through to make sure there is adequate oversight. We will certainly work with you to move the process along, but there are certain steps that must take place. Per the letter I sent before, you need to fill out the application and pay the fee (which should be a quick process) with the accompanying plat. Per city code, we typically require a pre-application meeting prior to any type of platting but we have decided to waive this requirement and the fee given your situation. The way the plat works is this: 1. A land use application is filled out, notarized, and signed by the property owner. If the property owner is not the applicant, we must have written approval from the current property owner of the request. So in other words, if you are the applicant on the form and Mr. Hyland is the owner, we need a written signature of approval from him. This typically states "as the property owner I approve of the application for a relocation of the irrigation easement on the property located at This must be accompanied by a copy of a deed to verify who owns it. 2. The surveyor submits the draft new plat that we review internally, and we refer it out to affected agencies. In this case, the Rocky Mountain Ditch Company is clearly an affected agency. We can't speak to their schedule, so we have a 15 day referral deadline. Hopefully we can get comments from them, or others, before this 15 day deadline. Unfortunately just because a plat is submitted does not mean it is approved - it more often than not needs revisions based on the quality of the submittal. 3. The surveyor receives our comments and makes the necessary changes, and resubmits the plat. If any accompanying information is needed (e.g., letters of approval from all persons with rights to the ditch) we need that at this time as well. 4. If the plat is in acceptable form to be approved, the surveyor can produce a mylar, which is the form the plat needs to be in for us to take it into the Jefferson County offices for recording - which makes it an officially approved plat and the easement is relocated. Please be aware that there are signature blocks on this mylar, including from the current property owner, the surveyor, the Community Development Director, the Public Works Director, and I believe the City Clerk. This obviously takes a little time to round these individuals up on our end and yours. To summarize, here are the required documents that need to be submitted: 1. Application/$300 fee 2. Written consent from property owner 3. Deed reflecting current ownership. 4. Plat amendment Again the way this process is going is atypical. Usually there is more consultation with the various departments prior to submittal, and I understand that you may not be responsible for the platting issues we're facing. But either way, we'll work with you to move it forward. Jeff Hirt Planner 11 ?500 W. 29th Avenue 'Wheat Rid,e.. Colorado £30033 12/15/2008 City of Wheatjljdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. Wheat Ridge, CO December 15, 2008 Patrick Hyland 2380 Harmony Park Dr Westminster, Colorado 80234 RE: Building Permit for Duplex at 6370-6380 West 30°i Avenue Dear Mr. Hyland: 80033-8001 P: 303.235.2846 F: 303.235.2857 The purpose of this letter is to set forth the required next steps for this permit in more detail, following up from the comments sent on December 5, 2008. As stated in that letter, the irrigation easement must be relocated prior to issuance of the building permit. In order to do this, a plat amendment must be approved by the City and recorded with Jefferson County per Section 26-409 of the Code of Laws. Dave Brossman of the Public Works Department has provided some information on platting requirements, and there are the following additional comments from the Community Development Department. 1. A plat amendment requires submittal of a land use application, which includes a signed and notarized form and a $300 fee per the City's adopted fee schedule. I have attached a copy of this form. This fee covers the cost of processing and reviewing the application across multiple departments and a referral to outside agencies that may be affected by the vacation. 2. The plat amendment must follow the required form and content for platting in the City, including all certification blocks and adherence to city datum. More detail on what this entails can be provided to the surveyor preparing the plat. 3. The plat must be referred to outside agencies for review and comment, particularly the Rocky Mountain Ditch Company. Required signatures to approve the relocation of the easement are at the discretion of this organization as they administer the irrigation ditch. I would suggest compiling the documentation from all property owners that have rights to the lateral in advance of this referral, as this is an anticipated comment and you have expressed that you already have this information. 4. Once the plat is in acceptable form based on comments from various city departments and agencies, including any required signatures, a mylar may be submitted. This is the plat that is recorded with Jefferson County and includes all necessary signatures - including the property owner, surveyors seal, and relevant city officials. The building permit may be approved and released upon receipt of this mylar that is ready for recordation with Jefferson County. You may re-submit plans to show compliance with the above regulations for our review. Feel free to contact me at 303.235.2849 if you have any questions. Sincerely, Jeff Hirt Planner, Community Development Department ~rWlyxi.wheatridgcxo.us Page I of 1 Jeff Hirt From: Dave Brossman Sent: Thursday, December 11, 2008 9:08 AM To: Craig Brazanskas (cbplumbing@comcast.net) Cc: Jeff Hirt Subject: Lot 3, Hyland's Hill Irrigation Ditch Relocation Attachments: Letter From Jeff Hirt_Hylands Hill Irrigation Easemt Relocation (12-5-08).pdf; Foundation Elevation Certification. pdf Craig - Please find attached the Foundation Certification and a copy of Jeff s letter for you to provide to Flatirons. I would suggest that you carefully read the Certification requirements and phone me with any questions so we can ensure everything is clear to you. As we discussed on the phone this morning, I would recommend you call Flatirons and explain you need an amended plat for Hyland's Hill Subdivision (could call it Hyland's Hill Minor Subdivision Amendment No. 1). They should include a purpose for this plat amendment, i.e., "The purpose of this plat is to relocate an existing irrigation ditch easement." Explain that you will also need a surveyor to complete the attached Foundation Certification form prior to receiving your foundation inspection from the City (in other words before you can begin framing). If Flatirons has questions they can contact me directly. I would then suggest you contact Zeiler-Pennock and have them e-mail an AutoCAD drawing of their engineering design showing the relocated irrigation ditch easement to Flatirons so they can add the linework/bearings & distances to the amended plat. I also spoke with Jeff regarding when we can release the Building Permit Application. Upon receipt of the MylarOO with all necessary signatures we will be able to release the building permit. The City will then record the plat subsequent to releasing the permit. Please contact me if you have any questions. D. David F. Brossman, P.L.S. Development Review Engineer Office and Fax: 303-235-2864 dbossmana i «17eatridLe co.u 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 muse of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, amd delete the original message from your computer, and any network to which your computer is connected. Thank you. 12/15/2008 City of WheatNddge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO December 5, 2008 Patrick Hyland 2380 Harmony Park Dr Westminster, Colorado 80234 80033-8001 P: 303.235.2846 F: 303.235.2857 RE: Building Permit for Duplex at 6370-6380 West 30th Avenue Dear Mr. Hyland: Your permit for a duplex at the above location has been reviewed and there are the following comments: 1. The existing irrigation easement and ditch on the property must be relocated prior to issuance of the building pen-nit. No structure is allowed in this easement. This may be done through a plat amendment to dedicate the irrigation easement and relocate the ditch to its new location. Plat amendments may be approved administratively per Sec. 26-409 of the Code of Laws. Information and fees on this process are attached. Please note that as this ditch is a lateral, all property owners along the lateral collectively own it, therefore approval is needed in writing from all owners of the lateral to approve the plat amendment. I have attached contact information for determining the individuals that need to sign off on the ditch relocation. 2. Prior to pouring the foundation, a letter from a surveyor is required certifying the foundation forms comply with all setback requirements. This letter must also indicate that an Improvement Survey Plat will be provided for final verification of compliance prior to issuance of a Certificate of Occupancy. 3. The entire length of the access drive connecting to 30tf Avenue must be paved to a width of 20 feet per Section 26-609 of the Code of Laws prior to issuance of a Certificate of Occupancy for this project. You may re-submit plans to show compliance with the above regulations for our review. Feel free to contact me at 303.235.2849 if you have any questions. Sincerely, Jeff Hirt Planner, Community Development Department svw tv.ci.%sIlea t idge.co.us I LONigINING ,928 ACRES DESCRIBEI EIS FINEDS ER Of REAL ONE HUNDRED FIFTEEN (115) FEET OF LOTS ONE (1) AND FOUR FIVE (5), EXCEPT THE SOON TWO HUNDRED FIFTY-EIGHT (258) ED, AMENDED PLAT OF HENDERSON'S SUBDIWSGA. COUNTY OF STATE OF COLORADO, MODE PARTICULARLY DESCRIBED AS GAT ME NORTHWEST COR TOE. R89W FNER OF WE SOUTHWEST QUARTER OF FMrc A DISTANCE OF 351.67 FM, 'To THE TRUE -LAID OUT, SVIRAVADEO AND PLATTED SAID LAND AS PER THE NO HEREON CONTAINED UNDER W LAN R WE E NAME NOR SUSDIASIpJ PLAT, A SUBDIVISNN OF A PART STYLE OF THE RIOCE. COLORADO AND By T ESE P , RESENTS 00 DEDICATE 1 EAT RIDGE AND ONE M ALDPA LL LLY A Y FRANOHI D 0 LILIES A 40 SERVICES. WTHOSEN'OPTION ROPERN yIOWN A5 EASEMENTS F T OR THE CONSTRUCPON, T N, OPERgTpN, MAINTENA NCE, REPAIR AND REPLACEMEN VICES. iwS INCLUDES BUT IS NOT UNITED T O TELEPHONE LI _ NES, GAS LINES, WATER A40 SANITARY SEWER LINES, 75, STORM WATER SYSTEMS A40 PIPES DETE , NTON PONDS, ALL APPUR ETD. u BE INS{RU ENT WAS p ON20 gBEOB BEFORE M `DAY DF QSS 19 ^TF # _ HAND PFlGAL SEAL. MT COMMISSION EXPIRES , ~ K L HMSDN D, wnmt w T.]Wf YSTATEMERIT ` 'RIGHT-OF-WAY IS YO BE DEDICATED By THS PLLT. OF T FOR ANp STREET ~ MoP ~V ~ .i ~ ~ G33 c - yo GOT IA 1,S5 $F O W I v A SI 2 R2 20NING _ ~I N I z L ' Z N ~lo'RRiWa¢n~~~n uwrEMr 99108E 5 00' H500. N N . r ~ a' 0 N & I U X350- ~o ~ LOT GA IJ.B00 SF N4 WT Z ( NO ZONING IzI n I C al ID'0.PNMaGE Y UnN1Y FAYMfNF(~ N899tbB-E r n S W' .O 10' ORNZMAff @ vnun ERSOmE IF s 3 LOr 3A 14,10 SF A ~ TIO y R2 2UNING }C ~Ei'T ry~ 9Ai'O B ¢I ~S~ S65 a Z o Z N f IS' NIX } UnUIY FaRi/cT'F g 1.2' EJ S 89'10286 .1Y~AN) Ft O N HYLAND'S HILL MINOR SUBDIVISION FINAL OF PARTS OF LOTS 1 AND 4, BLOCK 5, AMENDED PLAT OF HENDERSON'S SUBDIVISION, LOCATED IN THE SOUTHWEST 114 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 1 NW CORNER 10S11( L/4, SEC. 25 N89'af46"E 26aa60' COFNEF W9N7 OF Z&1aMfq} _ - - - - - - NE SEG _ _ _ _ _ _ _ SW t 4 BASIS OF BEARINGS _ 25~ F~ w H A-y9.1 h - r - - BE - - ^J ~ BE - / t6iJ 301H AVE. (50' k(I.W.)5 _ VE WE E PUNT IN089'41'08"E(") 116.00'(AM) $2J' S. EE 44 (aY) 3 OF BECJNNINGI.L_. 0.4, N. PART OF LOT 2 BLOCK 5 LEGEND 49 SET x5 RESAR W/ 1-1/2' ALUMINUM CAP FLATIRONS SURVEWNC LS 16x08 1• " FOUND g5 REBAR W/ PLASTIC CAP PLS 9655 AEGIS FOUND 1-1/2' BRASS TAG IN CHISELED CROSS IN CONC. - PLS 9655 AEGIS 3a FOUND N5 W/ PLASTIC COLLAR PLSb235 CHICHESTER 4M FOUND SPIY.E 5w FOUND q5 REBAR % FOUND 1/2" SQUARE PIN N' FOUND CHISELED CROSS (AM) AS MEASURED DW DENVER WATER PROPOSED LOF DATA ARE IN ITALICS SCALE: 1- = 30' C 15 31 So ~I i ¢ a I R 31 6 I I.B. ~Nif PART OF LOT 1, BLOGY J Z ' N I` x N i W Of o N PLANNING C 300, SIL3N CERTIFICATLLDN APPROVED WE DAY -IF OCta.n LCf OF EAT RIDGE PLANNING COMMISSIOr:. 100 BY NO OT IT SON - CITY CEWMATION APPROVED NIS _ DAY OF nw1!'i OF WHEAT RIDGE. BY THE CITY TM w I CITY _ --L+a- A N MUUI D - RE - O DIflECTOR D Buc Imgx BY N.4 Z Lg x W g R.0' W. B ' ssa6'(a1Ro m I GENERAL NOTES 1) FIRST AMRIC:.n' HEgrTAGE PILE CCHnp"y COMMITF.ENT NUMdEfl 253-H01650ID-031-iFA, RECOROEED iNFORMA GNErRiEGadpWG'RICe}S-9F 6„J4 YM. HAS RELIED UPON ENTIRELY FOR 'AN GO. PREPARAAON OF iM1:S $URVET. THE P.2pPERTT SHV'.vNA WDECEE.RIB-LOE HEREON BRANC ALL OF E PROPERTY OESCRIBED IN SAID PILE COUMITUT`T. THE 2) ACCORDING TO COLORADO LAW YUU MUST COMMENCE ANY LEGAL ACTON BASEDUPON ANY EEVENTTMATTANYSAC ON BASED UPO-YEAR' AFTER YOU FIRST OISCOVEfl SUCH DEFECT. IN ND EFECT IN THIS ON SHOWN HERE J BE CDMNENCED MORE THAN TEN YEARS FROM THE DATE OF THE CLRTFICT 3) BASIS OF BEARINGS: A SEARING OF NORTH 69'at'eY` EAST, ALOOG WE NORTH LINE W THE SOUTHWEST OF SEC 11. AS RIDGE DATUW ALL BEARINGSTION CONTSINEp HCREIN6 ARE RELATIVE THERETO.I P[F CITY OF WHEAT 4) FLOOD INFORMATION- T DIERMINED TO BE 0 TSIDETHE 0.2% ANNUAL CHANCE LFLOODPLA:N', ACCORDING TOFFEMA FLOOD INSURANCE RATE MAP NUMBER 08059CO21'I-E DATED JUNE 17, 2013. NOTE: INFORMATION IS SUBJECT TO CHANCE. FLOOD 5) ANY PERSON WHO RNOWNGLY RE,OVES +LMRS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR BOUNDARY MONO ENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE ST TUM C.R 5 SEC I8-4-506. 6) THE WORD -CERTIFY" AS SRGVN NO USED HER IX. MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF Th - SURVEY AND DOES NOT CONSTITUTE A V:ARRANTY OR GppgANTEf EXPRESSED OR L11UFD. 2) EXCEPTION NO BIN SAIL PPE LOo1LTMENT REFERS TO R.GHI$-OF-WAY IN WAgRANTY DEED RECORDED APRIL 2e, 1941 IN ON. 4}] AT PC. 551, AND DOES LOT AFFECT I E yJBJECT PROPERR. SAID DEEP REFERS TO PROPERTY IN 3L0 K T OF AMENDED PLAT OF LENDERS., SUBOrMSION MAPCNECK - Select figure: Figure Name. 53162 Coarse N 89-41-08 E Cm,rse S DO-m-, E Ow a 11500 r S 89-ap 26 W Dist e' 351 6, Dist rc 115 00 -owse N 00-10-50 W . DI9f e' 351 a] Per'Imeter: 933.31 Area: 40,44029 SF 0.926 Pula ErrnrNe Cbswe e - (U... IUt, Pears. & COW Unity) - P,MDNPP L 120355.99- Coolie; 5 0 O-t3-09.6 W Z O N N PART OF (Oi 4, E%CEPTSD&0.(5 a ~ n- R2 ZONING 103915.005"F(AM) a 199.90'(AM) ( ) • 9b.KM0 29TH A1{ '(50' RO ' , .W. 16 E- CLERK AND RECDRDERr8 CSIfnF CATS BOOK PAGE RECEPTgi ~IOYO/S/S~ ACCEPTED FOR FILING IN WE OFFICE OF. WE CLERK OOFFT EFFE ON COUNTY AT GOLDEN, COLORADO ON TH Sf C DER D SOW ATE O'CLOCK .EFRRSON COUNTY CO gryD RECORDER - ` BY DEPUTY ERK , el SURVEYOR'S CERTIFICATE I, JOHN G. GUYTON, A REGISTERED PROFESSIONAL LAND SURVEYOR IN ME STATE OF COLDRADQ DID HEREBY CER11F1' THAI A SURVEI V.AS Ma HEREIN pESCRIBEO . AND DE BY ME IN AUGUST. 2GW, IX THE PRCPERtt - a Ai IS a SURVEY. I TRUE AND ACCURATE REPRESENTAPON FURRIR CE OF SAID COLORADO RFWSED Si Lni 4 IN COMPLIANCE N'SH SECTION 38-51_102 OF THE :5Ep8 ~G1(1 JOHN SUttON t COL DO P.LS 0164 LOS NO. 07- - CHAIRMAN/CEO FLATIRONS 53,162 _ CASE HISTORY ~v-N'EA33 VICINITY MAP (NOT TO SCALE) City of WheatRIAL e PUBLIC WORKS Memorandum TO: Jeff Hirt, Planner II FROM: Dave Brossman, Development Review Engineer DATE: Thursday, December 4, 2008 SUBJECT: Building Permit Application for 6370-6380 W. 301h Avenue (Patrick Hyland) The Building Permit Application and associated plans were approved by Public Works on November 25, 2008. I had originally indicated on the Application sheet that the existing irrigation easement "will need to be relocated prior to C.O." (Please see attached copy of the Application). However in retrospect this is probably not the best way to proceed with this Application. Since the irrigation ditch was officially dedicated on the Hyland's Hill Minor Subdivision and recorded on February 15, 2008 with Jeffco at Reception Number 2008014528, Patrick Hyland will need to vacate this platted easement and then re-describe the new location of the ditch easement. The easement vacation/dedication should really take place PRIOR to Building Permit Application rather than prior to issuance of Certificate of Occupancy as I originally thought. By requiring this now it may add a small delay of a week or two to Mr. Hyland's construction schedule, but in the long run it will protect everyone involved. The task of relocating the ditch would best be accomplished by filing a plat amendment and include a stated purpose, i.e., calling it Hyland's Hill Minor Subdivision Amendment No. I and stating the purpose as being, "The purpose of this plat is to relocate an irrigation ditch easement." Platting is the best method because the existing ditch easement can be vacated and relocated at the same time graphically by showing the existing easement as "Existing 10' Irrigation Ditch Easement Hereby Vacated by this Plat", and identifying the new ditch easement location as "10' Irrigation Ditch Easement Hereby Dedicated by this Plat". By doing a plat amendment with a purpose and incorporating the specific dedication language above, Mr. Hyland can complete both actions at once and only has one document to record with the County. If Mr. Hyland chooses to not go with the plat amendment he can still complete the relocation, albeit the process becomes be a bit more complicated. He can have his professional surveyor create an Easement Vacation document, which must include a complete metes and bounds description of the easement boundary as it is shown on the Hyland's Hill Minor Subdivision plat, and be accompanied by an Exhibit showing the easement graphically. Then Mr. Hyland will need to have his professional surveyor create a Permanent Easement, which must include a complete metes and bounds description of the (relocated) easement boundary the easement and associated Exhibit. Both the Vacation and the new Permanent Easement documents will need to be recorded at Jeffco. While this method will accomplish the same thing, as one can clearly see this second method is not only more difficult it will end up being more costly to Mr. Hyland. In conclusion, I recommend that we have Mr. Hyland relocate the irrigation easement prior to issuance of the Building Permit rather than before the C.O. as I initially indicated. REC'Ei yl:' v .t 4 ZOGa November 6, 2008 To Whom It May Concern: I the owner of 6417 W. 29`s Avenue, Wheat Ridge Colorado, 802 14, Ben Davenport, authorize Patrick Hyland, the owner of 6330 and 6340 W. 30 ' Avenue, Wheat Ridge, Colorado 80214 to enter my property to install 12" irrigation pipe. Said pipe will be connected to my existing 12" pipe for the Rocky Mountain Irrigation Ditch. Mr, Hyland is responsible for all costs incurred for the to its current condition installation, maintenance and restoring the area . liavenport Date CITY OF WHEAT RIDGE PUBLIC WORKS DATE ----.LL ~14 RECEIVED n Eugene Kiefel 2935 Kendall Street Wheat Ridge, CO 80214 February 21, 2008 The Rocky Mountain Water Company P.O. Box 507 Golden, CO 80402-0507 Attention: Mr. Neil G. Jaquet Dear Neil, This is a summary of out telephone conversation of this date, regarding the'matter of relocating the ditch at 6330 W. 30`h place; as it flows into my property. On December 6`h a public hearing was held by the City of Wheat Ridge Planning Commission regarding the approval of a 3-lot subdivision at 6330 W. 30" Ave. (See attachment marked A). I wrote a letter on December .6 h to be read at this hearing. My wife, Estelle, read the letter, and it was accepted into public record. During the hearing it was pointed out that the developer was responsible to maintain the ditch, plus a flood plain of 5 feet on either side. (See attachment B) On January 28 h I received a letter from Hyland Enterprises informing me that the ditch was to be moved 5 feet to the north. (See attachment C) On February 4`h I wrote a letter to Hyland, stating that I felt a engineering report was to be presented, to make sure that the flow was unimpeded into my property; at the present point of entry. This letter was sent by certified mail. I have a signed receipt. (See attachment D) On February 20`h I delivered a copy of attachment C and D to City of Wheat Ridge Building Department. I am forwarding a copy of this letter with attachments to Germaine Peterson, Manager, and Dave Greeno, Co-Manager of our lateral. Thank You. Sincerely, S~ Eugene_ ' fel Eugene Kiefel Title holder of property: Eugene Kiefel Trust 2935 Kendall Street Wheat Ridge, CO. 80214 February 9, 2008 Hyland Enterprises 2380 Harmony Park Drive Westminster, CO 80234 Dear Mr. Brazanskas: CERTIFIED MAIL, RETURN RECEIPT REQUE~TED. This is in response to your letter of January 28, 2008, regarding the relocation of the Ditch by 5 feet to the North. I have a number of concerns about this relocation: 1. 5 feet to the north would put the ditch DOWNHILL, right where my pump house is, and would disrupt the natural flow into my property. 2. Usually there is a steady, slow stream coming down the ditch, but at times when there is a down poor, it tends to overflow. This is wiry a 5 foot easement on either side is required. Otherwise, the water would overflow into the Duplex north of my property, and flood their basement. Before I can sign off on your request, an engineering re s lo pre, red and submitted. Sincerely, (9OGev'o Eune Kiefel 303-237-6422 C ~o3 -1-7 z21~'~Q h f 1 C 3~~32 - 7t8q -Y _w + ~'t J~n~rS r?55vv~e. d~r_ ~pN .h n'Icde v44_1L4-1 f~tit/.gr°y- . , 11 ~ co, -'Irttvi~`c a~ t~oY fefti a~} o W5 t.kjii l'l,y Aozh AA P,ee o'i 4 Hyland Enterprises 2380 Harmony Park Drive Westminster, CO 80234 January 28, 2008 Eugene or Lenore Kiefel 2935 Kendall Street Denver, CO 80214 Dear Mr. & Mrs. Kiefel: Hyland Enterprises is the developer for the property at 6330 & 6340 West 30a' Avenue, Wheat Ridge, CO 80214. With the development of this property, we will be relocating the ditch running through it approximately 5 feet to the north. The new ditch will be cleaned out and laid the length of the property with concrete. The improvement of the ditch will be completed before any run-off begins, and afterwards, we expect it will improve the current water flow through the property by cleaning out debris and reducing ground absorption. Since you are a partial owner of the water running through the ditch, we are obligated to notify you in writing and request your consent. If you have questions or would like more information, please call me at 720-290-0562. Sincerely, 'Na'g Brazanskas Hyland Enterprises 720-290-2562 Please sign below and return in the addressed, stamped envelope: I have been notified and give consent for Hyland Enterprises to relocate the ditch on 6330 & 6340 West 30th Avenue, Wheat Ridge, CO 80214. Signature Date DEPARTMENT OF PUBLIC WORKS City o£Whrat Wdge Departrnent of Public Works 7500 WEST 29TIl AVENUE WHEAT RIDGE, CO 80033 January 2, 2008 Mr. John B. Guyton, P.L.S. Flatirons, Inc. 3825 Iris Avenue Boulder, CO 80303 303.443.7001 Re: Second Review Comments of the Hyland's Hill Minor Subdivision Plat. Dear Mr. Guyton, (303) 235-2861 FAX (303) 235-2857 I have completed the second review of the above referenced documents for the parcel located at 6363 W. 29a' Avenue received on November 29, 2007, and I have the following comments: Land Surveying Comments 1. The irrigation ditch that runs across the property will need to be a minimum of 10' in width to allow for proper maintenance, and needs to be shown as "10' IRRIGATION DITCH EASEMENT HEREBY DEDICATED BY THIS PLAT". 2. Written approval from the ditch company or from those affected will be required prior to approval of the ditch realignment and the plat. 3. Standard Drainage & Utility Easements need to be shown along the sides (5') and the front and rear (10') of each lot. 4. Include a digital file of the Plat with the next submittal. This may provided on CD-ROM or by e- mail. 5. All other comments have been addressed. 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. Development Review Engineer g.co.us dbrossmannn ci.wheatrid e CC: Steve Nguyen, Engineering Manager Travis Crane, Planner It File Hylands rill Minor Sub-plat . revlev,21tr.doc Q 10' UTILITY EASEMENT N89 41 '08' E i 115.00' 0 10' UTILITY EASEMENT- Q d Iw Z W ~TC W 1.0' W 3 I w LOT 3A w 14,105 SF \ ~ 7NOV07: \ THIS FENCE \ f IS GONE _ _5' DITCH EASEME T n 15.3'x10.0' Z Y FRAME SHED I O 10' UTILITY EASEMENT 1.2 W. N 1.2 W. S 89'40'28" W(AM) r ° 115.00'(AM) ry L, I O N Ln a Mo EXCEPTED PART OF LOT 4, BLOCK 5 3e Q R2 ZONING a w 0 Lo O_ O N I 00 N a rn Lo n n~ r Ln Y O U J m Z Z O o J N Li o N jr a a City uI Wheat R~idge CITY OF WHEAT RIDGE MUNICIPAL BUILDING 7500 W 29th Ave Wheat Ridge, CO 80033-8001 p. 303.234.5900 f. 303.234.5924 December 13, 2007 Patrick Hyland 2903 Reed Street Denver, CO 80033-8117 Dear Patrick: At its meeting of December 6, 2007, Planning Commission APPROVED Case No. MS-07-05, a request for approval of a 3-lot minor subdivision plat for property zoned Residential-Two and located at approximately 6330 West 30th Avenue for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following condition: 1. The lateral easement shown on Lot 3 shall be moved to encompass the actual location of the lateral. Enclosed is a draft copy of the minutes stating the Commission's decision. A blackline photographic mylar of the plat with original signatures needs to be submitted for recording with Jefferson County within 60 days of final action. Enclosed are Jefferson County's recordation requirements. The fees for recording with Jefferson County are $11 per page. Please submit payment along with the mylar. The fee in lieu of parkland dedication and escrow for public improvements will be required prior to recordation of the plat. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosure: Draft of Minutes cc: MS-07-05 (case file) MS0705.doc email: mfoI?v6.whcatrid,e.co.us ulvw.ci.wheatridge.ca:us 7. PUBLIC HEARING A. Case No. MS-07-04: An application filed by Brian Johnson for approval of a two-lot minor subdivision plat with a lot width variance for property zoned Residential-Two and located at 3516 Jay Street. At staff's recommendation, it was moved by Commissioner BRINKMAN and seconded by Commissioner STEWART to continue Case No. MS-07-04 to January 17, 2008. The motion carried 7-0 with Commissioner SPANIEL absent. B. Case No. MS-07-05: An application filed by Patrick Hyland for approval of a three-lot minor subdivision plat for propherty zoned Residential-Two and located at approximately 6330 West 30t Avenue. The case was presented by Travis Crane He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report, In response to a question from Commissioner REINHART, Mr. Crane stated that there are no driveway spacing requirements for this type of development. Commissioner BRINKMAN asked if any neighborhood meetings were held. Mr Crane replied that there were no meetings. However, neighborhood meetings are not required in these types of cases. In response to a question from Commissioner STEWART, Mr. Crane stated that the ditch location should not affeot access between lots 2 and 3. Commissioner BRINKMAN asked if Public Works was concerned about the amount of hard surface going downhill with no curb and gutter and the possible effect on the neighbor across the street. Mr. Crane replied that Public Works did not provide a comment on that matter. Patrick Hyland. 2903 Reed Street Mr. Hyland, the applicant, addressed questions presented by the Commission. He stated that the two back lots would be serviced by new water and sewer lines which will be established within the private drive. He stated that the units will be marketed around $350,000 which will probably attract primary homeowners rather than rentals. In response to a question from Commissioner McMILLIN, Mr. Hyland stated that the third duplex could be built without affecting the ditch. His intention is to leave the ditch open. He would like to have a turn-around at die end of the street Planning Commission Minutes 2 December 6, 2007 which might require a solution such as a concrete boundary with a removable steel surface. He is still working with the ditch company. Rolf Dahl 2845 Newland Street Mr. Dahl spoke in opposition to construction of more duplexes in the neighborhood. This part of town is saturated with duplexes and cutting lot sizes has the potential to deteriorate the style of life in the neighborhood. He stated that his quality of life has increased in the ten years he has lived on Newland Street. Linda Ingalls 6415 W. 29th Ms. Ingalls spoke in opposition to the construction of duplexes which would affect the charm and character of the neighborhood. She expressed concern about removal of mature trees noting that one hundred year old tree'has already been removed. Estelle Kiefel 2935 Kendall Street Mrs. Kiefel appeared on behalf of her husband, Eugene Kiefel, to express opposition to the application. She submitted and read into the record a letter written by her husband. The letter expressed concern that the duplexes would increase the density of the property and substantially increase traffic in the neighborhood. The letter also stated that the ditch has to be located so water flows unobstructed to the northwest coiner of the lot at 2935 Kendall to prevent flooding property at 6330 W. 30th Avenue when the ditch water is turned on in the spring. She also expressed concern about the removal of mature trees. They irrigate their property with the ditch water and did not want to see anything happen that would affect that situation. Dan Rathe 64°1-1 W. 291" Avenue Mr. Rathe spoke in opposition to the application and expressed concern about traffic. The advertising brochure states that the duplex properties will have easy access from 291h or 30` Avenues off a private drive which is across Mr. Rathe's property. He also stated that the ditch got clogged up this summer and flooded his garage. Commissioner McMILLIN asked if there was any documentation showing an access drive to 29th Avenue. Mr. Crane explained that there is a private drive from 29th Avenue that accesses four single family properties. There is another property directly north of those properties and west of the subject property that is also for sale and there is a marketing brochure that says that property can be accessed from 29th or 30"h. That cannot happen because it would exceed the maximum number of dwelling units accessed by a private drive and, further, they would be utilizing someone's private drive. Planning Commission Minutes 3 December 6, 2007 Patrick Hyland returned to podium. He stated that he also owns a portion of the water in the ditch and he will make sure the ditch isn't clogged or harassed. He did not know about the flooding that Mr. Rathe referred to. He stated that everything will be cleaned up well before the ditch is opened in the spring. He also plans to take precautions so that his properties will not sustain any flooding from ditch water. Commissioner REINHART asked if there was a documented easement with a legal description for the ditch. Mr. Crane explained that there is not and that is the reason an easement is required on the plat. Commissioner McMILLIN stated that he did not believe the lack of a recorded easement compromises the legal right of the ditch to be there. Mr. Crane agreed. There was no one else to address the Commission. Chair SCEZNEY closed the public hearing. Commissioner McMILLIN stated that while he could sympathize with the neighbors who don't want to see the property developed, the property has been zoned R-2 for many years and the owner is well within his rights to develop it as such. He was not concerned about the ditch issue because' ditches have some of the oldest property rights in Jefferson County. It was moved by Commissioner BRINKMAN and seconded by Commissioner REINHA•RT to approve Case No. MS-07-05, a request for approval of a three-lot subdivision plat for property located at approximately 6330 West 30`' Avenue; for the following reasons: 1. All requirements, of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following condition: 1. The lateral easement shown on Lot 3 shall be moved to encompass the r actual location of the lateral. t~ The motion carried 7-0 with Commissioner SPANIEL absent. 8. OTHER ITEMS Travis Crane informed the Commissioners that there are no agenda items for the December 20`h meeting. It was moved by Commissioner Planning Commission Minutes 4 December 6, 2007 ~~CL2e ~5-07-oS Ja- 6- 07 Eugene Kiefel 2935 Kendall Street Wheat Ridge, CO 80214 December 6, 2007 TO: City of Wheat Ridge RE: Request for dividi If the intent is to build three Duplexes, placing three Duplexes in close proximity to each other would increase the density of the property, and increase traffic substantially, in what is basically a residential area. Reminder: There is an irrigation ditch running through the property at 6330 W. 30th Ave., providing ditch water to several homes with ditch water rights. These homes are located to the east and southeast of the above listed property. According to the Rocky Mountain Ditch Company, these property owners actually own the ditch along this lateral. This ditch, or possibly an underground culvert, has to be located so that the water flows unobstructed to the northwest corner of the lot at 2935 Kendall Street, as it has always done. Otherwise, when the ditch water is turned on in the spring, it will flood the property at 6330 West 30`h Avenue. Additional information regarding the easements for the ditch is available from: Rocky Mountain Ditch Company (303) 277-6780 Y.O. Box 507 Golden, Colorado 80402-6780 Co-Manager of Lateral listed above: Dave Greeno (303) 232-7889 1 herby appoint my wife, Estelle D. Kiefel, to speak on my behalf at this meeting. 6 e Kiefel (Euge Kiefel Trust) (303) 237-6422 A-41 o Y "E°T p CITY OF WHEAT RIDGE ° PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME: MS-07-05/Hyland DATE OF MEETING: December 6, 2007 ACTION REQUESTED: A request for approval of a three-lot subdivision plat for property zoned Residential Two. LOCATION OF REQUEST: approximately 6330 W. 30'" Avenue APPLICANT (S): Patrick Hyland OWNER (S): same 950 Greemvay Drive Glenwood Springs, CO 81601 APPROXIMATE AREA: 40,440 sq. ft. (0.92 ac.) PRESENT ZONING: Residential Two (R-2) ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION (X) SUBDIVISION REGULATIONS I n r_._ Planning Commission MS-07-05/Hyland All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. CASE ANALYSIS The applicant (owner) is requesting approval of a three-lot subdivision plat. The property is currently zoned Residential Two (R-2). The applicant wishes to subdivide the property and create three lots. The R-2 zone district allows single- and two-family residential structures (depending on lot size) and accessory buildings. The property is 40,440 square feet in size and slopes from south to north. The applicant is in the process of constructing a two-family structure on the northern portion of the property. A building permit was reviewed and approved in October of this year. Placement of the structure was designed in anticipation of the subdivision; all setbacks and lot coverage requirements will be met if the subdivision is approved. II. SUBDIVISION PLAT The plat will subdivide the property into three lots (Exhibit 1, Plat). Lot 1 will have direct frontage on W. 30`s Avenue. Lots 2 and 3 will be located directly south of Lot 1 and will be accessed by a private drive. The Code of Laws allows a maximum of four dwelling units to be accessed by a private drive. The private drive will be located on the western side of the property, and will be 20 feet in width. When subdividing one parcel into multiple parcels, each newly created parcel should meet the district standards for minimum lot size and width. The minimum size and width of an R-2 lot is based upon type of residential structure located on the lot. A single family structure in the R-2 zone district requires minimum lot size of at least 9,000 square feet and a minimum lot width of at least 75 feet. A two-family structure in the R-2 zone district requires minimum lot size of at least 12,500 square feet and a minimum lot width of at least 100 feet. The applicant is currently constructing a duplex on the northern portion of the property. Therefore, Lot 1 must meet the minimum lot size standards for a two-family dwelling. Lot 1 will be 12,535 square feet in size. Lot 2 will be 13,800 square feet in size. Lot 3 will be 14,105 square feet in size. All of the lots will be 115 feet in width. Because all lots will gain access from the north, the lot width is measured at the northern property line, which is considered the front yard. All three lots will be large enough and wide enough for a two-family structure. Easements Typical utility easements are being established around the perimeter of each lot. There is an existing water easement located in the northwest corner of the property. A main water line is located within the easement. The duplex currently being constructed on what will be Lot 1 does not encroach upon this easement. There is an existing lateral ditch which bisects what will become Lot 3. An easement has been established on this plat which runs east to west on the lower third of Lot 3. This easement as shown on the plat is the proposed location of the lateral, not the actual location. Staff recommends that as a condition of approval, the easement be shown at the actual location of the lateral. The applicant may negotiate with the owners of the lateral to relocate the lateral. The applicant has indicated that conversations regarding moving this lateral have begun; however, an agreement has not been reached to date. Planning Commission MS-07-05/Hyland If the lateral and easement are relocated, an administrative plat amendment will be required. Agency Referral All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. Water service will be provided by the Wheat Ridge Water District. The Wheat Ridge Fire District indicated that the width of the private drive was acceptable. An approved tum-around will be required at time of building permit for Lot 3. The Fire District has indicated that this can be accomplished by constructing a larger driveway which accesses Lot 3. The Subdivision Regulations require that parkland dedication is required for any residential subdivision. Typically, this takes the form of a fee in lieu of land dedication. The applicant will be required to pay the fee in lieu prior to recordation of the plat. The Public Works Department has indicated that an escrow will be required in lieu of installation of curb, gutter and sidewalk adjacent to W. 30' Avenue. Because the adjacent properties do not have any of these public improvements installed, the escrow will be retained until such time that it is feasible to install the public improvements. III. STAFF CONCLUSION & RECOMMENDED MOTION (S): Because this is a three-lot minor subdivision, Planning Commission is the final deciding authority. Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the Code of Laws. Therefore, staff recommends APPROVAL of the subdivision plat. OPTION A: "I move to APPROVE Case No. MS-07-05, a request for approval of a three lot subdivision plat for property located at approximately 6330 W. 301h Avenue, for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use." With the following condition: 1. The lateral easement shown on Lot 3 shall be moved to encompass the actual location of the lateral." OPTION B: "I move to DENY Case No. MS-07-05, a request for approval of a three lot subdivision plat for property located at approximately 6330 W. 30'h Avenue for the following reasons: Planning Commission MS-07-05/Hyland I I' _ S s g x - ~ a - y v ~ s 's a h F £ of Q y g , _ u ~ 6 a 0 3 C ffM~ O s „L- a o ,o > t~ '15 'Il 3 VON3N-~ w J _ qS _ ° d a 6 ~a ~ z 3 ~ C m W O ~~L IS a w I ~ a o f o o m F e°o 0. ea ~ ~ orvirvo a e Nlrvoz ~ h > ,r , o vw2~ V Z Y ~ ~ w' ~ ( ) c f la s .a~o e ~ C ~ I I 1 e O FO A F da R F b. li 2 1 ~ l p s; s 0 ~lS owrvoz is/ za o ° o moz is/za i y ~ J F Z W 9 9 la° I 0 3. Y F u e I m . Q y z fi x a c - B _ s rc i, 5 nu lwwso.. f r I o _ o d F .~z£ . i o o u J o w _ > _..o m .oo 0 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Wheat Ridge 22 October 2007 John B. Guyton Flatirons Surveying 3825 Iris Avenue Boulder, Colorado 80303 RE: Hyland Minor Subdivision/Approximately W. 30`x' Avenue and Lamar Street Dear Mr. Guyton: I have completed my initial review of the proposed subdivision plat for the property located in the approximate southeast corner of West 30th Avenue and Lamar Street in Wheat Ridge, and I have the following comments: General: A. I have included all comments from responding referral agencies. Of note, the Wheat Ridge Fire District has a few requirements for the access driveway and service to the properties. If you have questions regarding any of the referral comments, please direct them to the agency which generated said comment. B. A Planning Commission hearing has been set for Thursday, December 6, 2007. The hearing will be held at 7 p.m. in the City Council Chambers at City Hall. Please be aware that the applicant (or his representative) must be in attendance at the hearing. C. I have attached a mineral rights certification forn for your completion. If there are any mineral estate owners on this property, they must be notified of the public hearing, per State Statute. D. An escrow will be required for the installation of public improvements. Please see the attached Public Works comments for clarification. This escrow must be paid prior to the recordation of the plat. E. Pursuant to Section 26-421(D) of the Code of Laws, all residential subdivisions must provide proportionate parkland dedication which typically takes the form of a payment in lieu of land dedication. The total fee for parkland dedication is $7,008.57, or $1,168.09 per dwelling unit. This fee must be paid prior to the recordation of the plat. F. I have included all red-lined copies of the plat for clarification of comments. 2. Subdivision Plat: A. Please add a legal description which ties into a City of Wheat Ridge monument. B. There appears to be a lot boundary which bisects "lot 3A". Is this the existing southern boundary of lot 1, block 5 of Henderson's Subdivision? If this lot boundary is to be dissolved or moved, it should be shown as such. Additionally, if everything to the south of this common lot boundary is presently part of lot 4, block 5 Henderson's Subdivision, lot 4 must be made a part of this subdivision. J.B. Guyton 3825 Iris Ave. C. Please show and label standard utility easements around the perimeter of each lot to be created. The front and rear yards should have ten foot easements, while the side yards have five foot easements. Please be aware that the front yard for all lots will be the northern lot line. D. Please show all new lot lines to be created, and label as `lot line hereby created by this plat'. Additionally, please show distance and bearing for each new lot line. E. Please detail the size (in square feet) of each lot to be created. F. Please show existing zoning on adjacent lots. The red-lined plat created by the Community Development Department details this adjacent zoning. G. Please label each newly created lot as "lot F, "lot 2" and "lot 3". H. Please add a case history box which includes the following case number: MS-07-05. 1. Please correct the signature line under the Planning Commission Certification to read "Chairperson". J. Please correct the typographical error in line two of General Note number 1. K. Please change line two of General Note number 9 to read: "but said map does not specify...' L. Please change line one of General Note number 10 to read: "subject property along the east... " Please make the required corrections prior to the next submittal. In preparation of the Planning Commission hearing, the Community Development staff will create a public hearing sign to be posted on the property two weeks prior to the hearing. The sign must be posted by Thursday, November 22". Additionally, please submit 18 full size (24" x 36") copies and one reduced (1 l" x 17") copy of the plat for the public hearing. These plats must be received no later than Wednesday, November 28"' If you have any further questions, please feel free to contact me. I can be reached at 303.235.2849 or terane(itci.wlreatridge.co.us. Sincerely, Travis R. Crane Planner II Cc: Patrick Hyland J.B. Guyton 3825 Iris Ave. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500. West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 - (Please print or type all information) Applicant Pp+ricl +It ~AV1~ Address AT4 IIAEM"26&- Dr- Phone36 &I-°205-o City Lies 4-1191115+ State CU Zip 20~~cc Fax? f> 01~ e- q1 Y4 Owner2 4nckk ~ ~ww> Address :9S%}Ar-ir,anL 01A( ~ Phone City tr l am, nst~ State CD zip)d,) 7S ~l Fax:9o L q)3~ Contact C(A ij B ZAAS W Address M- NACOI W L D- Phone `3 d!4 402 City CA../_ 1- YMtn State (X' Zip Lf Fax 1 (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 Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side 0 Change of zone or zone conditions O Special Use Permit O Consolidation Plat O Subdivision: Minor (5 lots or less) O Flood Plain Special Exception O Subdivision: Major (More than 5 lots) • Lot Line Adjustment O Right of Way Vacation O Planned Building Group O Temporary Use, Building, Sign O Site Development Plan approval O Variance/Waiver (from Section ) Other:(ry rC1oGp-F1on Detailed description of request: ~y K(0 (44,0' d f/IM,rtn<tnt 4'•n irr'cA) b1 fJ'r~n Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoni Current Use: Proposed Zoning: Proposed Use: 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 co sent equ sted action cannot lawfully be accomplished. Applicants other than owners must submit power-of- orne wiler which approved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this i "ay of QMAA~fz 20(J~ ANDREW GAUTREAU Notary Public Not Public State Colorado My Commission Expires September 28, 2012 My COmmiSSiOri expires (rya- To be filled out by staff: Date received Fee $ -Receipt No. Case No. Comp Plan Desig. Zoning Quarter Section Related Case No. Pre-App Mtg. Date Case Manager_ R I~IIIINIIIIIIIIIIIII►IINII~IIIIIIIiiilllllllllll~ . ll $23 20 l ll 2007049796 WD 0510212007 11:20:14 AM 1 Page(s) After Recording Return to: Jefferson county, Colorado Patrick Hyland 950 Greenway Drive Glenwood Springs, CO 81601 WARRANTY DEED This Deed, made April 27, 2007 ' / Between Benjamin E. Davenport ofthe County Jefferson, State of COLORADO, grantor(s) and Patrick ~rY Hyland, a Tenant in Severalty whose legal address is 950 Greenway Drive, Glenwood Springs, CO 81601, J f f County of Jefferson, and State of COLORADO, grantee. , WITNESS, That the grantor, for and in the consideration of the sum of TWO HUNDRED THIRTY-TWO THOUSAND AND 00/100 DOLLARS ($232,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and v confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, stunts, lying and being in the County of Jefferson, state of COLORADO described as follows: The West One Hundred Fifteen (115) feet of Lots One (1) and Fora (4), Block Five (5), except the South Two Hundred Fifty-eight (258) feet thereof, Amended Plat of Henderson's Subdivision, County of Jefferson, State of Colorado ~nli~So~d Doc Fee $23.20 also known by street and number as Vacant Land, Wheat Ridge, CO 80214 TOGETHER with'all and singular heredimments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, um the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and farm as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a (Title Review) of the contract dated April 16, 2007, between the parties. The grantor shall'and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whale or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLER: Benjamin STATE OF COLORADO )ss: COUNTY OF DOUGLAS The foregoing instrument was acknowledged, subscribed and sworn to before me April 27, 2007 by Benjamin E. Davenport. Witness my hand and official seal, pRA,F r`O _ ' f,AOTARY `r) ~ SotPublic pUBIIG My Commission res: MY commissloa EXPIMS 7011812007 ESCROW NO.2 53-8 0165 010-03 3-TFA wD-Warranty Dm]