HomeMy WebLinkAboutResolution 2011-0030CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 30
Series of 2011
TITLE: A RESOLUTION APPROVING A 3-LOT MINOR
SUBDIVISION PLAT WITH RIGHT -OF-WAY DEDICATION ON
PROPERTY ZONED MU-C LOCATED AT 7340 W. 44TH
AVENUE (CASE NO. MS-11-02)
WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes
the procedures for the City's review and approval of requests to subdiv ide and plat land ;
and
WHEREAS, an application has been received from Weston Development
Solutions on behalf of Renewal Wheat Ridge for approval of a 3-lot minor subdivision
plat with right-of-way dedication known as Town Center North ; and
WHEREAS, the proposed subdivision plat was referred to all necessary internal
and external referral agencies; and
WHEREAS, the proposed subdivision plat dedicates all necessary rights of way
and easements ; and
WHEREAS, the City Council has determined that a waiver of the parkland
dedication fee is in the best interests of the City; and
WHEREAS, the subdivision plat was reviewed and recommended for approval
by the Planning Commission at a public hearing on August 4 , 2011 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge as follows:
THE SUBDIVISION PLAT KNOWN AS THE TOWN CENTER NORTH PLAT IS
HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. All requirements of Article )V of the zoning and development code have been
met.
2. It will facilitate development of the site in compliance with the approved Concept
Plan .
DONE AND RESOLVED by the City Council this 26th da
Michael D. Snow, City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 26 1h day of September, 2011 by and between the
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"),
and the Wheat Ridge Urban Renewal Authority, doing business as Renewal Wheat
Ridge, a body corporate and politic of the State of Colorado , (the "Developer"), together
referred to as the "Parties".
RECITALS:
The Developer is the owner of certain real property located in the City of Wheat
Ridge, which is more particularly described in Exhibit A and made a part hereof (the
"Property"), commonly known as Town Center North.
On September 26, 2011 the City Council of the City of Wheat Ridge , after holding
all required public hearings , approved the final plat for the Property titled Town Center
North. A copy of the Final Plat is attached hereto as Exhibit Band incorporated herein .
The approvals cited above are contingent upon the express condition that all
duties created by this Agreement be faithfully performed by the Developer.
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are mutually acknowledged, the parties hereto
agree as follows:
1 . Purpose. The purpose of this Agreement is to set forth the terms,
conditions , and fees to be paid by the Developer upon subdivision of the Property. All
conditions contained herein are in addition to any and all requirements of the City of
Wheat Ridge Subdivision Ordinance and Zoning Ordinance , the City of Wheat Ridge
Charter, any and all state statutes, and any other sections of the City of Wheat Ridge
Municipal Code and are not intended to supersede any requirements contained therein .
2. Other Requirements. See Exhibit D attached hereto.
3. Fees. The Developer hereby agrees to pay City Development Review
fees to the City for engineering, hydrological, surveying, legal , and other services
rendered in connection with the review of the subdivision of the Property.
4. Title Policy. A title commitment for the Property shall be provided to the
City. The title commitment shall show that all property to be dedicated to the City is or
shall be, subsequent to the execution and recording of this Agreement, free and clear of
all liens and encumbrances (other than real estate taxes which are not yet due and
payable). The City, in its sole discretion , may accept any dedication regardless of
encumbrances. The title policy evidenced by the title commitment shall be provided
thirty (30) days after the recording of this Agreement.
5. Breach by the Developer; the City's Remedies. In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City Council
shall be notified immediately and the City may take such action as permitted and/or
authorized by law, this Agreement, or the ordinances and Charter of the City as the City
deems necessary to protect the public health, safety and welfare; to protect lot buyers
and builders; and to protect the citizens of the City from hardship and undue risk.
These remedies include, but are not limited to:
(a) The refusal to issue any building permit or certificate of occupancy;
(b) The revocation of any building permit previously issued under which
construction directly related to such building permit has not commenced,
except a building previously issued to a third party,
(c) A demand that the security given for the completion of the Public
Improvements be paid or honored, or
(d) Any other remedy available at law or in equity.
Unless necessary to protect the immediate health, safety and welfare of the City or to
protect the City's interest with regard to security given for the completion of the Public
Improvements, the City shall provide the Developer thirty (30) days written notice of its
intent to take any action under this paragraph during which thirty day period the
Developer may cure the breach described in the notice.
6. Public Improvements and Warranty. All storm sewer lines, drainage
structures , paved streets, including curb, gutter and sidewalk, and necessary
appurtenances as shown on the subdivision plat and the associated construction
documents (the "Public Improvements" or "Improvements") as approved by the Director
of Public Works or designee of the City, shall be installed and completed at the expense
of the Developer within the timeframes set forth on Exhibit C. The Public Improvements
required by this Agreement and shown on the construction documents approved by the
Director of Public Works of the City, the timeframes for construction of the
Improvements and the itemized costs of these Improvements are set forth on Exhibit C
if applicable. All Public Improvements covered by this Agreement shall be made in
accordance with the construction documents drawn according to regulations and
construction standards for such improvement and approved by the Director of Public
Works of the City. It is understood by the Parties that the description of the Public
Improvements may be general in nature, and that reasonable modifications of the
scope, nature, costs, and similar aspects of the Public Improvements may be necessary
to secure final approval of the Public Improvements. The quantities and locations for
the Public Improvements are based on information that was available at the time of
qpproval of the Final Plat. Additional Public Improvements may be required, and
Developer shall be responsible for submitting revisions to the Final Plat approved by the
City.
The Developer shall warrant any and all Public Improvements which are
conveyed to the City pursuant to this Agreement for a period of two (2) years from the
date the City's Director of Public Works certifies that the same conform with
specifications approved by the City. Specifically, but not by way of limitation, the
Developer shall warrant the following:
(a) That the title conveyed shall be marketable and its transfer rightful;
(b) Any and all facilities conveyed shall be free from any security interest or
other lien or encumbrance; and
(c) Any and all facilities so conveyed shall be free of defects in materials or
workmanship for a period of two (2) years as stated above .
(d) To the degree the Developer is required to install and maintain
landscaping on public or private property, it is the obligation of Developer
to maintain the required landscaping for two (2) growing season(s).
The City will finally accept for maintenance all Public Improvements after the
warranty period has expired provided all warranty work has been completed. The City
shall accept for snow removal purposes only, all dedicated public streets after the City
issues the first certificate of occupancy.
7. Installation of Traffic Signal. A traffic signal may be required to serve this
development. Determination of the need for the signal shall be made by the City's
Public Works Director, hereinafter "Director", prior to any building permit issuance and
based upon a traffic study for this development approved by the City. The Director may
require that the traffic study be revised if the land uses assumed in the traffic study
change. The Developer shall provide collateral for the estimated cost of installation of
the traffic signal prior to building permit issuance, if the Director has determined that a
signal is needed. Prior to building permit issuance, the Developer shall provide traffic
signal plans for approval by the Director.
The Developer shall notify. the City in writing, a minimum of one hundred sixty
(160) days prior to the desired time of installation/modification of the traffic signal in
order to allow the City to coordinate the timing of the traffic signal improvements. If the
Director approves installation of the signal based on meeting traffic warrants, the City
shall then notify the Developer in writing of the exact amount required for the traffic
signal improvements. The Developer shall then make payment to the City in cash for
the required amount within sixty (60) days of receipt of such letter. The City will not
commence traffic signal improvements until the Developer has paid to the City the total
amount determined by the Director to be the total cost of improvements.
SUBDI V ISION IMPROVEMENT AGREEMENT 05 /01
8. Observation . Inspection and Testing. The City shall have the right to
require reasonable engineering observations and testing at the Developer's expense.
Observation and testing , acquiescence in , or approval by any engineering inspector of
the construction of physical facilities at any particular time shall not constitute the
approval by the City of any portion of the construction of such Public Improvements.
Such approval shall be made by the City , only after completion of construction and in
the manner hereinafter set forth .
The Director is designated by the City to exercise authority on its behalf under
this Agreement and to see that this Agreement is performed according to its terms.
Work under this Agreement may , without cost or claim against the City , be suspended
by the Director for substantial cause.
The Director shall, within a reasonable time after presentation , make decisions in
writing on all claims of Developer and on all other matters relating to the execution and
progress of the work or the interpretation of this Agreement , the master plan and
specifications. All such decisions of the Director shall be final.
The Director shall make all determinations of amounts and quantities of work
performed hereunder. To assist him in this work Developer shall make available for
inspection any records kept by Developer.
The Director shall make all determinations of amounts and quantities of work
performed hereunder. To assist him in this work Developer shall make available for
inspection any records kept by Developer.
The Director and his authorized representatives shall have free access to the
work at all times, and Developer shall furnish them with facilities for ascertaining
whether the work being performed, or the work which has been completed , is in
accordance with the requirements of the Agreement.
The Director will make periodic observations of construction (sometimes
commonly referred to as "supervision "). The purpose of these observations and
construction checking is to determine the progress of the work and to see if the work is
being performed in accordance with the plans and specifications. He will in no way be
responsible for how the work is performed, safety in , on , or about the job site, methods
of performance, or timeliness in the performance of the work.
Inspectors may be appointed to inspect materials used and work done.
Inspections may extend to all or any part of the work and to the preparation or
manufacture of the materials to be used. The inspectors will not be authorized to alter
the provisions of this Agreement or any specifications or to act as foreman for
Developer. The Inspector will have authority to reject defective materials and to
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
suspend any work that is being done improperly, subject to the final decision of the
Director.
9. Completion of Public Improvements. The obligations of the Developer
provided for in paragraph 6 of this Agreement , including the inspections hereof, shall be
performed on or before May 30, 2012 , and proper application for acceptance of the
Public Improvements shall be mad_e on or before such date . Upon completion of
construction by the Developer of such Improvements, the City's Director of Public Works
or designee , shall inspect the Improvements and certify with specificity its conformity or
lack thereof to the City's specifications . The Developer shall make all corrections
necessary to bring the Improvements into conformity with the City's specifications .
Once approved by the City's Director of Public Works, the City shall accept said
Improvements upon conveyance; provided, however, the City shall not be obligated to
accept the Public Improvements until the actual costs described in this Agreement are
paid in full by the Developer.
10. Protection. Developer, at its expense , shall continuously maintain
adequate protection of all Improvements from damage prior to acceptance by the City
and shall protect the City's property from injury and loss arising in connection with this
Agreement. Developer shall make good any such damage , injury or loss except such
as may be caused directly by authorized agents or employees of the City. Developer
shall adequately protect adjacent property and shall provide and maintain all
passageways , guard fences, lights and other facilities for protection required by public
authority or local conditions.
Developer shall be responsible for damage to any public and private property on
and adjacent to the site of Developer's Improvements caused by negligent or willful acts
of Developer, its agents or subcontractors. Developer shall take all reasonable effort
necessary to prevent damage to pipes, conduits , and other underground structures and
to overhead wires, and to water quality. Developer shall protect carefully from
disturbance or damage all land monuments and property marks until an authorized
agent of the City has witnessed or otherwise referenced their location, and shall not
remove them until directed. When any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission, neglect or misconduct
in the construction of Improvements, or in consequence of the non-execution thereof on
his part, such damaged property shall be restored by Developer at its own expense to a
condition similar or equal to that existing before such damage or injury .
Developer shall at all times , whether or not so specifically directed by the
Director, take necessary precautions to insure the protection of the public. Developer
shall furnish, erect and maintain , at its own expense , all necessary barricades , suitable
and sufficient red lights, construction signs , provide a sufficient number of watchmen ,
and take all necessary precautions for the protection of the work and safety of the public
SUB DI VISION IMPROVEMENT AGREEMENT 05 /01
through or around his construction operations as Developer and the Director shall deem
reasonably necessary.
11 . Related Costs-Public Improvements. The Developer shall provide all
necessary engineering designs, surveys , field surveys , testing and incidental services
related to the construction of the Public Improvements at its sole cost and expense ,
including final drainage study letter certified accurate by a professional engineer
registered in the State of Colorado.
12. Improvements to be the Property of the City. All Public Improvements for
roads, concrete curb and gutters , public storm sewers and public drainage
improvements accepted by the City shall be dedicated to the City and warranted for a
period of twenty-four (24) months following acceptance by the City , as provided above .
13. Performance Guarantee. In order to secure the construction and
installation of the Public Improvements the Developer shall , furnish the City , at the
Developer's expense, with the Performance Guarantee described herein. The
Performance Guarantee provided by the Developer shall be an irrevocable letter of
credit in which the City is designated as beneficiary, for one hundred twenty-five percent
(125%) of the estimated costs of the Public Improvements to be constructed and
installed as set forth in Exhibit C, if applicable to secure the performance and
completion of the Public Improvements as required by Section 26-413 Security for
Required Improvements , of the Wheat Ridge Subdivision Regulations. The City may, in
the best interests of the City , accept as a Performance Guarantee hereunder an
alternate form of security, such as a Performance Bond , which alternate form of
security shall be subject to the City Attorney's approval as to the form and content. The
Developer agrees that approval of this Agreement by the City is contingent upon the
Developer's provision of an irrevocable letter of credit of alternate form of security to the
City within ninety (90) days of the execution of this Agreement in the amount and form
provided herein. Failure of the Developer to provide an irrevocable letter of credit or
alternate form of security to the City in the manner provided herein shall negate the
City's approval of this Agreement. Provided , however, the City's Public Works Directors
shall be authorized to extend the ninety (90) day period for providing the letter of credit
or other authorized security upon good cause shown. Letters of credit shall be
substantially in the form and content set forth in Exhibit D , if applicable, and shall be
subject to the review and approval of the City Attorney. The Developer shall not start
any construction of any public or private improvement on the Property including , but not
limited to , staking, earthwork , overlot grading or the erection of any structure , temporary
or otherwise, until the City has received and approved the irrevocable letter of credit or
alternate form of security.
The estimated costs of the Public Improvements shall be a figure mutually
agreed upon by the Developer and the City's Director of Public Works, as set forth in
Exhibit C if applicable. If, however, they are unable to agree, the Director of Public
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
Works ' estimate shall govern after giving consideration to information provided by the
Developer including , but not limited to , construction contracts and engineering
estimates. The purpose of the cost estimate is solely to determine the amount of
security. No representations are made as to the accuracy of these estimates , and the
Developer agrees to pay the actual costs of all such Public Improvements.
The estimated costs of the Public Improvements may increase in the future.
Accordingly , the City reserves the ·right to review and adjust the cost estimate on an
annual basis. If the City adjusts the cost estimate for the Public Improvements, the City
shall give written notice to the Developer. The Developer shall , within thirty (30) days
after receipt of said written nc:itice, provide the City with a new or amended letter of
credit or alternate form of security in the amount of the adjusted cost estimates. If the
Developer refuses or fails to so provide the City with a new or amended letter of credit
or alternate form of security , the City may exercise the remedies provided for in this
Agreement ; provided , however, that prior to increasing the amount of additional security
required, the City shall give credit to the Developer for all required Public Improvements
which have actually been completed so that the amount of security required at all times
shall relate to the cost of required Public Improvements not yet constructed .
In the event the Public Improvements are not constructed or completed within the
period of time specified by paragraph 9 of this Agreement or a written extension of time
mutually agreed upon the parties to this Agreement , the City may draw on the letter of
credit or alternate form of security to complete the Public Improvements called for in this
Agreement. In the event the letter of credit is to expire within fourteen (14) calendar
days and the Developer has not yet provided a satisfactory replacement , the City may
draw on the letter of credit and either hold such funds as security for performance of this
Agreement or spend such funds to finish Public Improvements or correct problems with
the Public Improvements as the City deems appropriate.
Upon completion of performance of such improvements, conditions and
requirements within the required time , the Developer shall issue an irrevocable letter of
credit or alternate form of security to the City in the amount of twenty-five percent (25%)
of the total cost of construction and installation of the Public Improvements , to be held
by the City during the warranty period. If the Public Improvements are not completed
within the required time, the monies may be used to complete the improvements .
14. Indemnification. To the extent permitted by law, the Developer shall
indemnify and hold harmless the City and its officers, employees, agents or servants
from any and all suits, actions, and claims of every nature and description caused by,
arising from or on account of this Agreement any act or omission of the Developer, or of
any other person or entity for whose act or omission the Developer is liable , with respect
to the Public Improvements; and the Developer shall pay any and all judgments
r:endered against the City as a result of any suit , action, or claim, together with all
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
reasonable expenses and attorney's fees and costs incurred by the City in defending
any such suit , action or claim.
The Developer shall pay all property taxes on the Property dedicated to the City
and shall indemnify and hold harmless the City for any property tax liability.
15 . Waiver of Defects. l_n executing this Agreement , the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby it is
executed , or concerning the power of the City to impose conditions on the Developer as
set forth herein, and concerning the procedure , substance , and form of the ordinances
or resolutions adopting this Agreement.
16. Third Party Beneficiaries. There are and shall be no third party
beneficiaries to this Agreement.
17 . Modifications. This instrument embodies the whole agreement of the
Parties. There are no promises , terms , conditions , or obligations other than those
contained herein; and this Agreement shall supersede all previous communications ,
representations , or agreements, either verbal or written , between the parties. There
shall be no modification of this Agreement except in writing, executed with the same
formalities as this instrument. Subject to the conditions precedent herein, this
Agreement may be enforced in any court of competent jurisdiction.
18. Release of Liability . It is expressly understood that the City cannot be
legally bound by the representations of any of its agents or their designees except in
accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State
of Colorado .
19. Captions. The captions to this Agreement are inserted only for the
purpose of convenient reference and in no way define, limit, or prescribe the scope or
intent of this Agreement or any part thereof.
20. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors, and assigns as the
case may be.
21. No Waiver. No waiver of any of the provisions of this Agreement shall be
deemed or constitute a waiver of any other provisions herein, nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver
of any default hereunder be deemed a waiver of any subsequent default hereunder.
22. Invalid Provision. If any provision of this Agreement shall be determined
to be void by any court of competent jurisdiction, then such determination shall not
affect any other provision hereof, all of the other provisions shall remain in full force and
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
effect. It is the intention of the Parties that if any provision of this Agreement is capable
of two constructions, one of which would render the provision void, and the other which
would render the provision valid, then the provision shall have the meaning which
renders it valid .
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
23 . Governing Law . The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either party institute
legal suit or action for enforcement of any obligation contained herein , venue of such
suit or action shall be in Jefferson County , Colorado .
24 . Attorneys Fees. Should this Agreement become the subject of litigation to
resolve a claim of default of performance or payment by the Developer and a court of
competent jurisd iction finds in favor of the City , the Developer shall pay the City's
attorney's fees and court costs .
25. Notice . All notices required under this Agreement shall be in writing and
shall be hand delivered or sent by registered or certified mail , return receipt requested ,
postage prepaid, to the addresses of the parties herein set forth. All notices so given
shall be considered effective seventy-two (72) hours after deposit in the United States
mail with the proper address as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Developer:
Notice to City:
Renewal Wheat Ridge
c/o Board Chair and/or URA Manager
7500 W . 29th Avenue
Wheat Ridge, CO 8033
Tim Paranto
Director of Public Works
7500 West 29 th Avenue
Wheat Ridge , CO 80033
26 . Force Majeure. Whenever the Developer is required to complete the
construction, repair, or replacement of Public Improvements by an agreed deadline, the
Developer shall be entitled to an extension of time equal to a delay in completing the
foregoing due to unforeseeable causes beyond the control and without the fault or
negligence of the Developer incll!ding , but not restricted to , acts of God , weather, fires
and strikes .
27. Assignment or Assignments. There shall be no transfer or assignment of
any of the rights or obligations of the Developer under this Agreement without the prior
written approval of the City. Provided, however, the City expressly consents to
performance of the obligations of the Developer by Weston Solutions , Inc. pursuant to
that Amended and Restated Master Redevelopment Agreement dated December 7 ,
2010, and that Infrastructure Improvement Agreement dated January 18, 2011.
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
DEVELOPER
By: ____________________________ __
STATE OF COLORADO )
)
COUNTY OF ________________________ )
ss.
The foregoing instrument was acknowledged before me this ___ day of
_______ , 2003, by , as
of --------------------------------------------------------
Witness my hand and official seal.
My commission expires: ---------------------------------
Notary Public
(SEAL)
SUBDIVISION IMPROVEMENT AGREEMENT 05 /01
~bri-s ( 1. ~ 3J
TOWN CENTER NORTH SUBDIV ISION
A REPLAT OF A PORTION OF LOT 4, TIME SQUARE SUBDIVISION, LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (E1/2 NW1/4, NW1/4, SE1/4), AND A PORTION OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (W1/2 NE1/4, NW1/4, SE1/4), ALL IN SECTION 23, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
'*RENEWAL WHEAT
RIDGE
OWNERS CERTIFICATE:
I, Whtol Ridge U<Von Rtnewgj Auttlority. ~ing lht ""'",.. ol "ol property C:OfU<Iininq
7.8:52 ocr-• or l42,0J4 ~uort In\ of land d ... c:nbed ot l~lo.,. -4-00' ---i
0 <400' soo·
CROSS ACCESS EASEMENTS:
Tht O""ner. hot IUCCtUQI""I and OU011f1S htflby gron\1 limited riqhtl and pto..,ltgn \0 OCCUI OM \0
1.-.e rnovtmtnt thr0<.1gh thOH artot or1dicated at 'crou-acctu/on~ren-t~rtn .aumenu", at
atuttra\ed upon tNt plat. Such gr<~nt of eaumtnt eho:ll be ~rnittd to tht ownen1. tenon\1.
cutlomtrt. ond gun\1 of lho o:•ntrs. and st>aU furthermono qrant acctn to and fret mavemtnt
through oaid eanmento to thou tn\ennq toid taoemtnll tram timilorl~ rteordR eGttmentl from
adjacent propertln and/or from a~uthng puDI1c nru\1
\ 1--''""" """' ----1 ~
A tn:u;l ol land bein<j tho•• lroch of lond record.:! at Rtctplion No. 200Z!OJI!91111.
Reception No. 20080J6!15ll, RtctptiO<I No. :Z00902475'il, R~ption No. 2009083768,
11nd o portion gf Lab J Gnd Lg\ 4. Time Squorw Sut>divltion in U'lt City of Wh.ot
Ridge, Jtrft'*"' C.:.un\y, Coloroda 01 reeorotd 11M• Reetption No. 11201!1\49!! ol tht
recordt of .oid JelrerotOfl County, located in a portion of the w .. r half of lht
N<>rtntott qu<:u"'er of t111 Nortt1wut quorter ot the Soulhtotl 'lllllrter (WI/2 NEI/4
NWI/4 SE$/4) ond tilt Eost holf of the Norlh•nt quorttr gf tht North•nl CIUOrter
of U.t Southeast quqrter (EI/2 t-IWI/4 NWI/4 SEI/4) of Section 2J, Township J
S01,1lh, Rang• 611 w .. t of lht 6th PJ.I., J.tf..,on Cwnty. Calorodo. to.inq mew.
partleularl)'IIU-crito.daofollc.,
COWIIIENCING at thtl North•ut ccmtr of th Soulheott quart• {SEI/4) of tai<l
Section2J:
thence S33'44'20"'E: a dlotonct of 1115~.08 !ttl Ia lht TRUE POINT OF" BEGINNING at
\111 inttrMct'orl of the South I..._ of tnt Nonn half of the North•ut quon.tr of \he
Southtatt quorttr {NI/2 NW1/4 S£1/4) witn 1.111 Wut rioM-ol-way ~nt of \ht fifty
(!IO)IoatwicleUpharnStrnt:
thtnct S8!1"'40'45"W on toil! South ~n•. a ll11tann of 6J2.J4 fut to the South ... sl
corntr of taid El/2 NW1/4 NW1/4 SEI/4:
thence NOO'II'OO'W on the Wtt\ lint of .old El/2 NWI/4 NW1/4 SEt/t anll l.lle
Wttt lint of ooid Lot J, o diotance of 424.89 f .. t to tht Wnt tnd of tht <!djutltd
lot lint <l .. eribtd at Rt<:tpliC><>No. f0460102 aftht rteon:!t of taid Jtlftn~on County;
thtnet N89't1'.l4'"E on totd odjuotell lot lint. a llitton<:t of 2111.0~ feet to a pOint
thirw-•.,.•n and ont-holl (J7.!10) lut West of the Eoo\ lint of •aid Lot J and Lot 4
at m•<ltunod perptndicular thtnoto:
thtnct N00'11":1!1'W parol\~ to 1aod Eat\ lint. o doo\anct of 111J.II2 lui t<l a point
fifly-t""o and ant-half (32.~) ft.! South of lht NoM lint of 1.111 SOI.Othtaot q...orter
(SE1/4) of tCIICI Stc\lon 2J at mt01urR ptrptndlcular \htma:
lhtnn S8!rtt"J4"'W porGUtl \a 1<1od North lint. a di1tcnce Gf 290.9'il feet to \ht Wut
lineofaaidlot4:
lh..,c, NOIJ" t1'00"W on ..,;a Wt"Jt lint. a dotlonn of 14 00 In\ to tht South
riqht-of-way lirM of 44\h Avenue ana a point •hich i1 thirty-tight and ont-half
(JII.50) Itt\ Sou\11 of 110id North lint a• mta•urtd perptndoculor thtrtto:
thtnc• N89'<41"J4'"E par"QIIII •it~ taio North liM and on to•d Soul~ 1"0\lhl-af-woy line,
a donanct of J2!1.40 lett to lht Nortnlott corner of IQod Lot 4;
t~lrlct S00'11"5i'"E on lht E01t lint altaid Lot 4. a dittanct of !1.~ fttt to the
Scvlhwu\ ca,..,.r of tnt \r"Qc\ of land duerieed at Rtctption No. 1170&5220 of lht
rwcon:!o of acid Jtfftr.on County, \ht following thru (J) caurtu ore on tht Sauthw1y
!ineolt<~id\roctoflond: '
th..,et: 1.) N8!1"'4t'J4~E o dittonct of 20.00 lett;
2.)N42'U.'I:I"Eallittanceof1i.16fttt.
l .) N89'4\'J4"E o dot\once of 60.00 It~ to thl S0<.1\h1att corner of said tract of
IGnd:
lhtnctNOIJ"11"5g'WonlhtEc1thntoftcoattoctoflona.odiotonctofl.OOfutto
lht South n9ht-ol-way hnt of 44th Avtnut ond a pao"t .. nich it \~orty (JO.OO) lett
Soul.ll al North lint of ta•d SEI/4 at mtaturtd perpendieular lhartta;
llotnct N89'41"J<4"[ paralltl with laid North lint <>nd on toid South ro.,.t-al-•cy line.
a ditlanct of 210.44 fut to •aid Wut riqht-of-way KrM of Upham Strut:
tnenct S00"12"~"E on taod Wnt rignt-of-•oy 'nt, a dottanct of 1531.0~ fttt to tnt
TRUE POINT OF BEGINNING:
h<lvt!aidaut . ...,bdiYi<le-dondplotttd!tOidlandoepoorthedrowingnereoncontointd
unotr tht namt and ttylt of TOWN CENTER NORTH SUBOMSION, a 1ubdi.,;toon of a
~ft; :: ::;,'.a~it'ido;t VZ'n~atlhR~d!:bli~a·;r::: ;'~a~ :, .. ,:,r;::!~~do1n!:'::c~~t to lhe
rillnt-of-·o~. and do further dedicate to the City of Wheat Ridqt and \host
municipally OW<Md and/or municipally lr"Qnchited uli~ti" and "rviuo tho11 portion• of
.-.ol ptoplrt~ thown 01 •a..-ntntto IOl \ht conatrvc1.Jon, inttollo\lon, "!)trotion.
mointenonct, rtpair end reploctmtnl lor oil •~rvOcn. Thill lncludu but i! not limited
to ttltphont and tltc\ric linn. 901 linu. •ottr ond oanilory """ ~nn, ~ydron\1,
~=ta~ottr tystemo ond pipu. de\entoon pondt. t\rttl ~Ohlt and all appun.enoncet
Rick C. lodGmt
CholfTI"IOM of Wheat Aidqt Urtlan Ren"'ol Aul.llority
Statto!Colorodo)
)SS
CountyGIJtlfersan)
Thtfortlloi"'iiin•ln.omtnlwaoockrlo"ll'\tdgtdbeforwmethit_daycf
---.t...O. 20 tt by-------
WllrMn my hand and atlicoOI teal. ~y eommouicn uporu
Notary PUblic
SCALE : 1"=-4-00'
_.------BASIS OF !BEARINGS,-----~
llt:U2. N89'41'.:54RE 2627.64' ·~1:).12'
~•.n· ~a.1e' ""~oc.1 4 CO!! stC. U !~ze~· 2 -~_:a_:,1 _~.~~!~~~~.~~~s_·--~--=~~~J,.T-,.l;J;:~ifi.~.!A~V£;!1N\I'UE'-_/---!l
i!~'· If "1 or ... j ~ I i I \,.._.,., { ,1/,~ CII!I.,P 2l ~ ··-~~~ ~:mit _--: ., : .... ·-:· ~.i!i.:l0v
,_, _ _. -~, c; il 0 ~ ;·,·~ :: t':1r.if'l :<:<!\i:l;J!~, '
~. ~· i ......... i II ;II ' ~I ::!: ~ ~'-._ s l~~'='"l{t-''' .,,., o
U!Yu'?O"E i Nlv•~n~·£ 1:;r .... !• ... ·.. ·-~
\tSUoll" J21.1"T l-:!.~·tJ"_;.._J)!I,_ez"-;: JaU7" :~~ o<ol•or;ofo.-u ::; , ,.r, .•. , .. /"-.. .l \ ·~; ::l g, ~. t .... .....-: :lli:."'iij~~--
+i: t~,,f''j'''¥+i: -----,,,,,..--------~i J;~~ ZJ NlVlt'~"t J. mo.aJ" i
~ ..... _ ~ =: o::~
~:~ ~B i· ~· -~o :!= :i::;; -
' ""' ••u-" ~~ "" ~ • ., .• .,. -" ~ , :~ ~--
~:~ j'3 ~ : L_ -·~-·;'_"_"_ ~ ''~-w~ 38\t,",v•~u_E I
. 1/~ ./ /~:MIU'W lUlH *·J:9R-1f~~ ~~~~~· Zl ¥::;;;{.~~~J • a S'"~,.jr E!!,P:"" ,_ -~ ~ ·-~ ..... , . SOUTHEAST QUARTER OF SECTION 23 ,_,,~•
PLANNING COMMISSION CERTIFICATION:
~~~on~~'C~m::,~proYol lhi• __ day cf , ~u!l, by the Whto\ Rid~e
ChaorptniOn
CITY CERTIFICATION:
.\9proYtd thi1 _day of ----• 2011 oy tnt Wheat Ridge City Caunc~.
ATTEST:
c;,y ·aen. ~a~or
o ... ctor of Community Otvtlopmtnt
UTILITY EASEMENTS:
Easanents are hertb~ granted en privott pr"Qper\y e• sno•n on l.llt plot. Thtt1e eonmento are
dedicottd for th• inttGIIation, mainttnanc•. and r•plocemtnt of tltctric. gas. ltltvioion coblt.
oroona~e and teltcommunocotoons fociliton .. IJtnoton lhCH alia be perm•lled wolh.n any acces•
eaumtnt• and priva\t 1\rnh ;, tht oubdovition Permon•nt struct~ru and wattr mtttrt thall nol
tit ptrmilttd within laid III Mity 110nment1.
STORM WATER DETENTION EASEMENT:
Tht storm dtltnUCI!'\ artc lhown lhOII bt mointoln•d by the o""ntrs of and tubttqutnt own•~ of
Lob 1, 2 and J , and thtir heirs, tuccenor• and ossogns. In the utnl \hot ouch constructocn and
moinltnanct io nat perlormtd by aoid ooontrs. the Cit~ of Wheat Rid9t stlal h0¥1 lht right to
tnttr tucn arto and ptrlorm ntct .. ary •or~. tht cot! of •h1ch talC cwntr. htort. tucctuor~. and
an'9nl oqren to pey. No building or structure •ill be constructed in th" detention area end no
cnonqea or olttr"Q\ions alfKting lht hyaroulic charocltriltiu of tnt det•ntian arto •ill b• modt
oool.llout tnt approval al tnt Oirtctor ol Pull~c Worlot
PARK LAND DEDICATION:
Putlhc dtdocation of port< land is nat requortd. Kouvtr public aptn spoct thai! bt pro,.;de<:l in
f.,~~~~~;c: ;:;~ ~: .. T:~~~~·::n N1';,'!~, C::'~: ~~on. on record at -------
CITY OF WHEAT RIDGE COORDINATE SYSTEM:
a. Tttt City ol Whtal Ridgt Coordinate Sytttm ute-d htrtin it a Ojround-boud modifit~ farm of
ti1t N.<DS.l/112 State Plant Coordinate System, Colorado Ctlttrol ZorM 0302 .
~: ~=I t~<rt~~ ~:,!b\~.~11'sc~~:nra~~~.0no.~;~~:~= :~ai::~.,1AA=} poi~\ PHAC 1
(Ptrmann•nt High Accuracy Control It) haYing the follo•in'il NADSJ/112 StQtt Plane coordinotu:
PHIIC t: Northlnq: 170123-8.75, [01\lnq: ]118217.515, Elevotlon: ~411.152.
STATEMENT OF ACCURACY:
Th• geodtllc point coordinate data sho•n htrtin na• ~t.,. doom•t<l from lht N-'0 8J HAAN State
Plar~e Colorado Central FlPS 0502 Coordinate Systtm. ar~d ~as a horirontal Accuracy Clauoficatoon
af0.04U.S.SurvtyF"ettatlhtll5li:Canfidenctlevel.asdelintdintneC.otpatio1Pasilioninq
Accurocy Standards of \l"lt F"tderol Ctooetoc Cantral Sllllcammittn {fGOC-STtl-007.2-1998).
NOTES:
1 ) 8eorings as ~~~d htrton art ~ouo on tnt North hne of the S0<.1lntast '!...Orttr of Stctoon 2J.
Town •~·~ J Scuth. Ranqt 69 Wut of lht 15th P '-1 AQvong J-l/4" \>ron cope ttOml>ld oy LS No
13212 intidt monumtnt Oa•n at \ht Northwut and Norihtall comtrt ol toid SOI.Othlctt '!UIIrttr
and beort N6!r(I'J4"( o ditlanct of 2627.84 l"t ptr tne Coty of Whtal Ridge, CaiOlada records.
2)"1\corntrt•tnofoundorse\ottho•n.
J) Thol tutldo•osoon plot dan nat canttotutt a totlt 11o:ro;;n oy Wuton Solution• \CI dtttrmont
a""ntrthip. ta .. mtntt, rightl of way anll al.lltr motltrs of record.
4) "''tr CaloroOC Rt..;,.., Statute• Sec. J8-:ll-106 J'i1J1 (L). all 11....,1 unat Oep:cttd an thit
Lone Sur•ey Pial art US. Survey feet. One Met~r equols Jll.l7 dividtd by 12 U.S. Survey Fetl
occording\olhtNalionollnlliluteoiStandan:lsandTechnoloqy"
5 .) Strut right-of-way monument• lha!l btu\ ll!Wz: to finollil\ of otphlot pavemtn\. Monument
ho.-.;two.-. and ron'jlt bo•n wDI bt pro~idtd tly tht City of Wheat Ridge upon .-.quut.
VICINITY MAP
N.T.S.
SURVEYOR'S CERTIFICATE:
I. John L Bodty do htreby certify that Ute aurvey of the
boundory of TOWN C(NT[R NOR'TH SU80MSKlN .. as made tly
me or under my direct tupervolion end to lt11 but of m~
kna•1td~t. information and belief, in accorcanct with all
opphcatlltCatora<latlalutu.currtntrtvoudtO<t.oonoo
amended. tnt accompanyin~ plot occurottly reprennll 1aod
turvey.
jD!iiiLBailtyP.L.S . No. 19586
According to ColoradG ia• )lOY mutt commence any legal action
b<lstduponanydef•ctlnthis~Yrvty••tnlttthreeyeor•oltw
)lOY firot <lltcovw -..ch <ltftct. In no t_,l, may any action
b<lsed upon ony d-efect In \hi• "''"'Y be commtnctd mort \lien
\tn yean from \Itt dolt of the nrtlficotion shown h..-eon.
COUNTY CLERK AND RECORDERS
CERTIFICATE:
StoteofColarado)
)SS
CO<.IntyoiJtflerton)
lhertbycert.fy\loat\Niplat•o•filtdlnthtoffictaftne
CO<.InlyCierkandRtcardtrofJefftroonCauntyot
Golaen.CoiOlado.ot_O"Ciac~-----'-~ Cl!'l\ht
__ dayof 2011.\.C.in
eo~--· Page __ • Rtctption No ____ _
J[ff"!RSON COUNTY CL£Rt< AND RECORDER
,,, ________ _
O..puly
CASE HISTORY:
WCP-11-01
MS-11-02.
WZ-10..07.
I.IS-82-09,
~o~s..:e1-09.
WZ-111-19.
WZ-77-22.
11:>;;; Kcll) ,ton'lSG'I H~.--:1 ffJO(;
~;~~2~~~g9 c~ M.r~:.o
.IACHITECT/ENQNEER SEAL
f.:-'-
f--"--
f--"--
1---
BY/OAfE
ORN"T~ I(M~/OJ/1!
TOWN CENTER
NORTH
SUBD:VISION
CASENlJJoOIJER
MS-11-02
SUBDIVISION PlAT
07/27/11
DfMWlNC SCALE
1" • 400 '
~l~\\ 'c'
Subdivision Cost Estimate
Decellane for 480' of 44th frontage w/ curb return into Vance Street. Mast arm traffic
signal . Replacement of landscape and new 5' attached widewalk.
Quantity Unit Unit Cost Cost
Permit Fees 0 LS $ $
Cut -waste on site 213 CY $ 5 $ 960
Remove C&G 540 LF $ 5 $ 2,484
Replace C&G -Type 1 540 LF $ 27 $ 14,580
Asphalt Patch 640 SY $ 60 $ 38,400
Pavement Markings 600 LF $ 1 $ 720
Bored Conduit 380 LF $ 34 $ 12,920
Traffic Signa l Sys t em 0 EA $ 250,000 $ Future Phase
Revegetation 0 SF $ 5 $ Landscape Be low
6' Attached Sidewalk w/ 4" base 2700 SF $ 6 $ 17,415
Traffic Control 1 LS $ 4,500 $ 4,500
$ 91,979
Internal Public Infra structure and Upham St .
Permit Fee s 0 L5 $ $
Cut -waste on si te 1200 CY $ 5 $ 5,400 est im ate
Remove C&G 0 LF $ 5 $ none
C&G-Type 1 2400 LF $ 24 $ 57,600 Int erna l streets
Asphalt Patch 142 SY $ 60 $ 8,520 Upham
Pavement Markings 3600 LF $ 1 $ 4,320
Bored Conduit 0 LF $ 34 $
Reve ge tation 48000 SF $ 0 $ 2,880
6' Attached Sidewalk w/ 4" base 14400 SF $ 6 $ 92,880
Traffic Control 1 LS $ 2,500 $ 2,500
As phalt Pavem en t 3088 SY $ 36 $ 111,168
8" Water Main 970 LF $ 44 $ 42,680
Fire Hydrants 4 EA $ 3,500 $ 14,000
8" Sanitary Main 0 LF $ 30 $
8" Sanitary Service 60 LF $ 30 $ 1,800
Sanitary MH 1 EA $ 4,500 $ 4,500
18" RCP 301 LF $ 42 $ 12,642
24" RCP 100 LF $ 62 $ 6,200
30" RCP 100 LF $ 92 $ 9,200
36" RCP 620 LF $ 116 $ 71,920
DlOR Inl et 4 EA $ 3,800 $ 15,200
Type 1 MH 4 EA $ 4,200 $ 16,800
36" FES 2 EA $ 1,200 $ 2,400
WQ Pond 1 LS $ 86,000 $ 86,000
Electric Di stribution 1 LS $ 19,193 $ 19,193
Gas Di stribution 1 LS $ 17 ,830 $ 17 ,830
Street Lighting 1 LS $ 38,000 $ 38,000
Communications 1 LS $ 16,000 $ 16,000
General Conditions 1 LS $ 35,000 $ 35,000
Project Management 1 LS $ 102,000 $ 102,000
$ 796,633
Land sca ping and Pede strian Li ghting
Subdivision Land sca ping (includes pedestri an li ghtin g) $ 252,000
Panda King Land sca ping $ 68,000
$ 320,000
Total $ 1,208,612
GA 10.09% $ 121,949
$ 1,330,561
Fee 7% $ 93,139
$ 1,423 ,700
Bond 3% $ 42,711
$ 1,466,411