HomeMy WebLinkAboutMS-15-03City of
Wheat j�e
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave.
October 23, 2015
Dear Mr. Phommatha:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to an application filed for approval of a plat for property located at 3775
Benton Street.
The final submittal has been reviewed and all changes requested in my October 16, 2015 letter
have been completed.
Please provide a blackline mylar of the plat with signatures of the owner and surveyor in black, indelible
ink and submit to the City for our signatures and recording. An $11 per page filing fee for Jefferson
County will be required at that time.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2852.
Sincerely,
Lisa Ritchie
Planner 11
%%%s s%.ci.ss heatridt;c.co.us
City of
W heat fi jge
1,U13I IC WORKS
Memorandum
TO: Lisa Ritchie, Planner 11
FROM: Dave Brossman, Development Review Engineer
DATE: October 21, 2015
SUBJECT: MS-15-03/Seun, 3 -Lot Subdivision Plat
I have completed my fourth review of the minor subdivision plat to facilitate the construction of
three townhomes at 3775 Benton Street received on October 20, 2015, and I have the following
comments for their surveyor:
Final Plat
1. All previous comments have been addressed; the Final Plat is approvable from a
Public Works standpoint.
CC: Steve Nguyen, Engineering Manager
Mark Van Nattan, Engineering Technician
File
Seun Subdivision_Review4._approval.ltr.docx
SEUN SUBDIVISION
A RESUBDIVISION OF LOT 2, CADENCE SUBDIVISION AMENDMENT NO. 1
LOCATED IN THE NE1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
NOTES
1. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
2. MONUMENT DEFACING STATEMENT: ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY
MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE
STATUTE 18-4-508. C.R.S.
3. FOR ALL INFORMATION REGARDING EASEMENTS. RIGHT-OF-WAY OR TITLE OF RECORD. CHESSNOE AND ASSOCIATES RELIED UPON
AN OWNERSHIP AND ENCUMBRANCE REPORT PREPARED BY CANYON TITLE WITH AN EFFECTIVE DATE OF JUNE 18, 2015; THE
RECORDED PLAT; THE CITY ASSESSOR'S RECORDS; AND INFORMATION SUPPLIED BY CLIENT.
4. PER C.R.S. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. FEET AND HUNDREDTHS OF A
US SURVEY FOOT. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY.
5. COORDINATES SHOWN ARE BASED ON THE CITY OF WHEAT RIDGE CURRENT CITY DATUM COORDINATE SYSTEM
6. BASIS OF BEARINGS: A BEARING OF N89'59'57'W BETWEEN TWO FOUND MONUMENTS 2648.51 FEET APART BEING THE NORTH
LINE OF THE NORTHEAST ONE-OUARTER OF SECTION 25. T3S, R69W OF THE 6TH P.M.; ONE MONUMENT BEING AN ALUMINUM PIPE
WITH 3.25' DIA CITY OF WHEAT RIDGE BRASS CAP STAMPED LS 13212 BEING CITY OF WHEATRIDGE PONT NO, 15909. AT THE NORTH
Y CORNER OF SAID SECTION 25; AND THE OTHER BEING AN ALUMINUM PIPE WITH 3.25" DIA CITY OF WHEAT RIDGE BRASS CAP
STAMPED LS 13212 BEING CITY OF WHEATRIDGE PONT NO. 15901, AT THE NORTHEAST CORNER OF SAID SECTION 25.
7. THE GEODETIC PONT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM NA083 HARN STATE PLANE COLORADO
CENTRAL IDE 0502 COORDINATE SYSTEM, AND HAS TI HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET ON THE
95x CONFIDENCE LEVEL, AS DEFINED IN THE CEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL
SUBCOMMITTEE (FGDC-STD-007.2-1998).
8. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 (HARN) STATE
PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502.
9. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE PONT PHAC (PERMANENT HIGH ACCURACY
CONTROL PONT 01) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC 1 - Northing: 1701258.75; Eostinq:
3118217.58; Ebwtion: 5471.62.
10. LOTS 2A, 28, AND 2C MAY ONLY BE DEVELOPED AS ATTACHED TOWNHOMES
11. THE OWNER, HIS SUCCESSORS AND ASSIGNS HEREBY GRANTS UMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE
MOVEMENT THROUGH THOSE AREAS INDICATED AS 'INGRESS -EGRESS EASEMENTS% AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT
O EASEMENT SHALL BE LIMITED TO THE OWNERS. TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS. AND SMALL FURTHERMORE
GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY
RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBUC STREETS.
12. THE STORMWATER DETENTION AND WATER OUAUTY AREA(S) SHOWN HEREIN AS A ENY SHALL
BE MAINTAINED BY THE OWNERS. ANY SUBSEQUENT OWNERS. THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH
CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO
ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES
TO PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE STORMWATER DRAINAGE EASEMENT AND NO CHANGES OR
ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF SAID STORMWATER DUALITY AREA SHALL BE MADE WITHOUT THE
APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.
SHEET 1 OF 2
DINNER'S CERTIFICATE:
WE, DUMINDU k SEUN REALTY. I.I.C. A COLORADO LIMITED UABIUTY COMPANY, BEING THE OWNER OF REAL PROPERTY CONTAINING
6,573 SQUARE FEET OR 0.1509 ACRES, MORE OR LESS, DESCRIBED AS FOLLOWS:
LOT 2, CADENCESUBDIVISION AMENDMENT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2006, AT RECEPTION
NO. 2006105190, COUNTY OF JEFFERSON, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 25. TOWNSHIP 3 SOUTH, RANGE 69WEST OF THE 6TH PRINCIPAL MERIDIAN:
THENCE N 89'59'57' W ALONG THE NORTH UNE OF SAID SECTION 25. A DISTANCE OF 812.58 FEET; THENCE S 0022'15' E, A
DISTANCE OF 39.78 FEET (40.00' REC.) TO THE NORTHWEST CORNER OF LOT 1, CADENCE SUBDIVISION AMENDMENT NO. 1; THENCE
S 0022'15' E. ALONG THE WEST LINE OF SAID LOT 1, CADENCE SUBDIVISION AMENDMENT NO. 1. A DISTANCE OF 214.61 FEET TO
THE NORTHWEST CORNER OF LOT 2, CADENCE SUBDIVISION AMENDMENT NO. 1, SAID PONT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING S 0022'15 E. ALONG THE WEST LINE OF SAID LOT 2. CADENCE SUBDIVISION AMENDMENT N0, 1. A DISTANCE
OF 51.16 FEET TO A POINT ON THE SOUTH LINE OF SATO LOT 2. CADENCE SUBDIVISION AMENDMENT NO. 1; THENCE N 89'49'18 E.
ALONG SAID SOUTH UNE OF LOT 2. CADENCE SUBDIVISION AMENDMENT NO. 1, A DISTANCE OF 125.00 FEET TO A PONT ON THE
WESTERLY RICHT-OF-WAY LINE OF BENTON STREET; THENCE N 0022'15' W. ALONG SAID WESTERLY RIGHT-OF-WAY LINE. A
DISTANCE OF 10.00 FEET; THENCE N 12'01'10' E. ALONG SAID WESTERLY RIGHT-OF-WAY UNE. A DISTANCE OF 41.99 FEET TO THE
NORTHEAST CORNER OF SAID LOT 2, CADENCE SUBDIVISION AMENDMENT NO. 1; THENCE S 89'52'21' W. ALONG THE NORTH UNE OF
SAID LOT 2, CADENCE SUBDIVISION AMENDMENT NO. 1, A DISTANCE OF 134.01 FEET TO THE TRUE PONT OF BEGINNING. SAID
PARCEL CONTAINS 6,573 SQUARE FEET OR 0.1509 ACRES MORE OR LESS.
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF
SEUN SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO, AND BY THESE PRESENTS DO DEDICATE
TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE
PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR
AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES. WATER
AND SANITARY SEWER LINES. HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS, AND ALL
APPURTENANCES THERETO.
OWNER: DUMINDU & SEUN REALTY, LLC, A COLORADO LIMITED LIABILITY COMPANY
BY; SEUN PHOMLMATHA. MANAGER
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 20 -BY SEUN
PHOMMATHA. MANAGER, FOR DUMINDU k SEUN REALTY, LLC, A COLORADO LIMITED LIABILITY COMPANY.
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES
NOTARY PUBLIC
ADDRESS
1, MICHAEL S. CHESSNOE, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SEUN SUBDIVISION WAS MADE BY ME OR
UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL
APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS
SAID SURVEY.
MICHAEL S. CHESSNOE. P.E. k L.S. 9489
r'o CERTIFICATION:
APPROVED THIS __ DAY OF 20 BY THE CITY OF WHEAT RIDGE.
ATTEST:
CITY CLERK MAYOR
COMMUNITY DEVELOPMENT DIRECTOR
DIRECTOR OF PUBLIC WORKS
COUNTY CLERK AND RECORDER'S CERTIFICATE
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT
GOLDEN, COLORADO, AT O'CLOCK _-M. ON THE DAY OF 20-A.D.. IN BOOK
PAGE RECEPTION NO.
JEFFERSON COUNTY CLERK AND RECORDER
BY:
DEPUTY
SEUN SUBDIVISION
A RESUBDIVISION OF LOT 2, CADENCE SUBDIVISION AMENDMENT NO. 1
LOCATED IN THE NE1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
SHEET 2 OF 2
CONIC. SW COR.
ELEC. BOX
CHISELED '%' SW
BOLT G' TRAFFIC uGHT
BASE
70.9• POINT OF COYYFNfYYENT FOUND CHISELED
AM. d REC. NORTHEAST COINER 9W IN TOP OF CURB
SECTION 23. THS, R69W
ptt OF WHEAT RIDGE
POINT N0. 13901
55.5 ..705545.1028 A.M. d REC.
A.4. 8 REC. E-126374.3007 AM. (E"126373.9309 REL.) 43.4,
NORTH 1/4 CORNER OF LONGI-105Y7J'we'w d REC.
SECTION 25, T3S, R69W NORTH LINE OF ME 1/4 FOVND ALU4. PIPE W/
CITY OF WHEAT RIDGE SECTIO! 25. T3S. R69W BASIS OF BEARINGS
PORT NO. 159(18 7.25' qA. CITY OF WHAT RIDGE
N-ToNO. 15909 2648.51' A.M. (2648.13' REC.) - � BRASS CAP STAMPED LS 13212 _
E 123725.7908 - - LAT. 30'46'09.6'N 1835.93' A.M. N 89'59'57" W A.M. & REC. 812.58' A.M. & REC. wiEAt
LONG.-10S03't3.8'w w OFS 1 321?q,
FOUND ALULL. PPE w/ (1835.55' REC.) Q ti O
3.25' OIA CIn OF w11EAT RIDGE U T S C� I
BRASS CAP STAMPED LS 13212 .es' Q � �' W WEST 38TH AVENUE u 525 530 A.M. REC.
A.Y. d REC. CHISELED '%' NW
WHEAT BOLT aF TRAFFIC LIGHT O 70' ROW 40.00' REC A.M. d9REC.
OES 1 327 R r BASE In 0 -�269W R68W,
I 1985 OC W O N )V iOUNp PK NAIL d 1.3' qA Gln T9B5dS.� m 3'
T35 R69W DISK, NO. ILL 2.64' EAST OF It TO O
\-%
U S 4 3 M1 O C3 NW CORNER, LOT 1, CADENCE I'Y FOUND '%' Z K
15 N K N N SUBDIMSON AMENDMENT N0, 1 N TOP CURB O FOUND OIWT
$,LLJJ I Z . S 8956'44' W A.M. _
�0Y S J 0 284' \ W
`T TO a(�� Q FOUND PK NAIL d 1.5' DIA. ` NORM LINE OF N
ADENCE SUMMSION
AOjJ• 2 I DISK. O. U. NW CORNER. LDA TDYENWIETANT NO. I Oh 1
LOT 1. CADENCE 9JMM%bN .� .h
AMENDMENT NO.' ^ry by
L)
Of
� U
d Of j / LOT 13A
.0 w wl l I LANCASTER SUBDIVISION
1 EASTERLY LINE OF I ZONING MU -N
.Ni'0 I 1 WEST UNE OF LOT 1, CADENCE SUBGM90N ' I
LOT 1, CADENCE SUBGM9011AMENDMENT No. 1;
N iM I
EN ENT NO. 1 WESTERLY RIGHT-OF-WAY UNE-
< 0 0 1 I OF BENTON STREET 7
LOT 1 B0 01 I LOT 1 HE CORNER, LOT 2, '
WEG'S SUBDIVISION IIn NI I CADENCE SUBDIVISION CADENCE SUBDM90N '
ZONING MU -N 6 "I I ADMENDMENT N0. 1 AMENDMENT NO. 1 /
M II ZONING MU -N FOUND /S REBAR W1 '
TRUE PGN7 OF BEGINNING I I 1.5' DIA. RED FUSTIC CAP '
11.00' STORYWATER STAMPED PLS 27269
NW CORNER, LOT 2. I I I DRAINAGE EASEMENT (ACCEPTED AS PROP.
CADENCE SVBGVI90N N 70563.3798 N 705591.0280
AMENDYEN7 No. , 1 E 125567.1701 134.01' A.M. & REC. E 125697.3796
FOUND REBAR W/ I SOU, S 89'52'21" W A.M. NORTH 134E Di L07 x, �1 Q.
1.3' DIA. YELLOW PLASTIC GAP 1 CADENCE SUBDIM90N '
NO. ILL., 1.20' EAST d I 13.00• (S 89'48'17" W REC.) AMENDMENT NO. 1 300
0.76' SCUT1LQE CALL. COB. '
(NOT ACCEPTED AS PROP. COR.) - - T -- =-- S R ---t4 -ll 1- u A- LOT 138
T
WEST LINE OF LOT z. 10• INGRESS -EGRESS
CADENCE II L--�SS.MLE+T --
AOMENOMENT MENT No. O. I (j Lil 1 --co w w 1 T 1C 0.0395 AC. In
0= Q ¢I I 2779 50. FT. }785 BENTON ST.
.0629 AC.
LOT 2 w w1 I 3795 BENTON ST ;ZONING MU -N
WEG'S SUBDIVISION O� ZONING MOT LINE HEREBY ^ ? s' G
ZONING R-18 Q N NI I CREATED BY THIS PLAY '�
-D O O 5' UTIUTY EASEMENT PER
O OI I^ RECEPT. NO 91033515
I I d AT Z \
N VI .'^..I ----- --- --------
FOUND 05 REBAR W/ 1 - 5345' - - 33 67'
1.5' OTA. YELLOW PLASTIC CAP I
N0. ILL. 0.99' EAST d
015' SOUTH OF CALC. COR. 1
(NOT ACCEPTED AS PROP. COR.) I
S' EASEMENT
LOT 3
WEG'S SUBDIVISION I
ZONING R-1
(NOT
GRAPHIC SCALE
SIN FELT )
I I N " 20 It
125.00' A.M." &REC.
W
I W
LANCASTER SUBDIVISION
2__12T19 _J
¢WWW
fro
'
ZONING C-1
SOUTH LINE OF LOT 2.
NO. ILL. O.B7' EAST d
CADENCE SUBDIMSON
0.42• SOUTH OF CALC. COR.
0.0485 AC.
7
_
O
'
3775 BENTON ST.
ZONING MU -N
O'
BOOK 419. PAGE 130 d PLAY
ZONING R-3
z
FOUND /5 REBAR W/
O
cL1S
ORANGE PLASTIC CAP
W. ILL. 0.88' EAST d
Nto
.^.
I m
-- - - -
=D- -S CAI.C. COR.
2
_ W 1
PIED AS PROP. COR.)
`
-at1_---
-.0 T_-___
N 705549.9386
Of Q I
10'INGRESS-EGRESS
EASEMENT
- - E 123686.6360 -
10'INGRESS-EGRESS
EASEMENT
� '
I
a1 w w
125.00' A.M." &REC.
I
11.00' STORMWATER
N 5".57 08
N 89'49'18 E A.M.
N 7oss39.9s9e
E /25685.7007
1255 63.703
E 12
(N 89'48'17" E REC.)
FOUND #5 REBAR W/
1.3' DIA ORANGE PLASTIC CAP
SOUTH LINE OF LOT 2.
NO. ILL. O.B7' EAST d
CADENCE SUBDIMSON
0.42• SOUTH OF CALC. COR.
ADMENOMENT NO. 1
(OT ACCEPTED AS PROP. COR.)
UNE IS LOT z.
CADENCE ZENT o I
ADMENOMENT 40. I
LOT 12
5' UUTY EASEMENT PER
TI
CASE SUBDIVISION
BOOK 419. PAGE 130 d PLAY
ZONING R-3
IF•ND
SET /5 REBAR, W/1.25" DIA.
ORANGE PLASTIC CAP STAMPED
P.E. & L.S. /9489
QQ FOUND MONUMENT AS NOTED
3C FOUND CHISELED 'X" AS NOTED
FOUND SECTION CORNER MONUMENT
AS NOTED
A.M. - AS MEASURED IN FIELD
REC. - AS RECORDED BEARING
OR DISTANCE PER PLAT
OR DEED
STORMWATER DRAINAGE EASEMENT
SECTION LINE
BOUNDARY UNE
CENTERUNE
--------EASEMENT UNE
- ROW UNE
EXISTING LOT LINE
PROPOSED LOT LINE
10.00
A. & REC.
N 00'22'15" W A.M[
N 00' 3'16" W RECf) LOT 12 & LOT 13C
2500, 2500, -_ LANCASTER SUBDIVISION
I- I ZONING R -1A
FOA9 95 REBAR W/
1.5' GA. YELLOW PLASTIC CAP
1.20' EAST d
N 705590 7x, I SOUTH OF CALL COR.
E 1x5367.77 fqO,
OT ACCEPTED AS PROP. CORD SITE DATA TABLE
DESC. AREA ZONING
izo' SO. F . ACRES
7�IOLAL
2A 2114 0.0485 MU -N
I 28 1720 0.0395 MU -N
2C 2739 0.0629 MU -N
NW PROPERTY 65731 0.1509 1 MU -N
CORNER FOUND ,5 REBAR W/
1.5' DIA. ORANGE PLASTIC CAP
N0. RL, 0.87' EAST d
^ I I FOUND 0 REBAR w/ 0.42' SOUTH OF CALL, CDR.
1 1.5' GA. YELLOW PLASTIC CAP (NOT ACCEPTED AS PROP. CDR
Af * ILL. 0.99' EAST d
.90' o.1a' SOUTH OF CAM COR. 0.87'
NOT ACCEPTED AS PROP. COR.) 0.42
N 705539.57 0.15' N 705539.9598
E 125563.701 E Jj'y6jIp.7007
1 �1(
SW PROPERTY SE PROPERTY
CORNER CORNER
TABLE
DATE OF PREPARA
I
11.00' STORMWATER
I
I
I DRAINAGE EASEMENT
I
I
134.01' A.M. & REC. I
'
I
I NORTN
zo.ao 5 89'52'21" W A.M.
UNE IS LOT z.
CADENCE ZENT o I
ADMENOMENT 40. I
'
IS.00'
13.00' (S 89'48'17" W REC.)
W
-
cL1S
W
TI L3
LJ
LS L
_ W 1
a.1,----
-at1_---
-.0 T_-___
.z W W W y O
Of Q I
10'INGRESS-EGRESS
EASEMENT
10'INGRESS-EGRESS
EASEMENT
� '
I
a1 w w
1 LOT 2C
LOT 2B
1720 SO. FT.
LOT 2A
2114 S0. FT.
1011, ^ N FO O
0 IT 2 h
In �I
2739 SO. FT.
Iam
0.0395 AC.
0.0485 AC.
V^,
N (m
3795 BENTON ST.
3785 BENTON ST.
3775 BENTON ST.
F-
N N1
I ZONING MU -N
ZONING MU -N
ZONING MU -N
2�
t0 O 01
1 S' UTNJTY EASEMENT PER
7 O 01
t- RECEPT. NO. 91033615
Inrn�
I PLAT
�------------
---- --1-
---------
10.00'
I
REC.
A.
&REC.
I
N 89'49'18" E A.M.
TY EASEMENT P
s' TY
U
eaaK 419. PACE 130 d PLAT
N 00'22'15" W A. M i
I
I
i
I (N 89'48'17" E REC.)
(N 00'3'16" W REC.)
STORMWATER DRAINAGE
EASEMENT DETAIL
SCALE: 1"=20'
DATE OF PREPARA
a � � ted b �i ae�iS 8 �. �- oo■
yy g@ 6B
3e€f€$aS 3
4 8 d
e � s
3�3� - ��=�:���•'��x } � e� � �' ���. n to �� .
89 ��
€O a$==.�-��=a�
t a g � I
a� G
a'���
z§ b "aY�r"ib_��g��
-
w
gg gg � �. gypp' � �
p : `s$ a" Fa WHI. tae$§§4 E It � t : I$ 15 a
o -
ag
Z NF- L11
W 3 $bs
� xE
O
Z
W w
z Q Q
O = i;Q
C O O
>m`" N FE
N M O
MLJ
U
W N N
CZ ~ m
Q W
U O =
N �
W O C-4
�JZ
WO
O F-
C)
Z W
O N
N w
j O
oa
m
D
N a F h
5 i
W a a6 �a pp
W
� Z
Z y 9 C 9l$ga
Li
h 558 E aa gg
Q SY 6 � : 2 14il q�7 $Y b g.g5
F C B
yYr tl z� $ 1,;, 1, filly NY I
gel,
wit
y6t �� � a3 St �e�§ �6 �q ; U4,
til �'�o sar a x "I"ON;
4 ddb gxg � n^ 4 $ bye ;;X [�
Yg gGx a i�=€!
s `QgBg� "5y8 as 3ay7 Ar e ' A
■ "3Y .5» .=i::, -tl: .[ .�� _ib6K ^M8.�,ea4
a
S
H
t0
W
2
H
w
Z or
F— w
z 3
W
o�
z
W W
Q Z
Z O�
O�
moo
� � N
D
M Lj
U = N
wn
Ln W
U O S
Z ~ v)
N
In
-10,
J z
o0
�
v
z W
O (n
O
�t
w
W z
ct
Q W
S
61 l37N1SN 09 � ; ;
NOI Nag g tl n e
. _ nr7 •�Z.6L11 N) egg
CJ O1'IOZI N
E i Q
w
6pyY t� �e o:�ui 7g w
bi• �I" e^a is W
a a ,
Z
Q
�rY i 13 4^ i nzz w
kill Q
T1-
____R^_ r-______L�.. N
TU --J
---------Z'03N 3 ,Bt,tL00 5
-n'r 3 .S 1,LL.00 S
038 V 'n'r ,9119
Y
� X333 �3Poz
aapp� iR �o
a .
de Qy bq�
d
u
-i
1 3N _—.N 1��
MON u;; bib
C,
a���'f
� _ l33NiS 09 ff
fJl—;a` o �p �p
„.r Zr) A zi cn
ktl .F 1L I .66'Ir I _ ££
ihqh
s v A4 la@a...bo^iaqq�ar,,., yy4pdz7 ��
� .dt@
�4
°g
�
ham?=b'
���<W
a 1!: " �
y 'w
m a
Yo dsY d
oajai
xo
b4Y u
�
-# _____ _
ba f 03N 3 .2I.SL00 S_ _ ---- ---- -
3 .91.L2.00 s (:)34,0
3N 3 .9 tt.00 S) ■ '03N 3 -9 t,fL.00 S� . . -T-----
d ('03M .00'0.) 'n'v 3 .SI,tL00 S 4� 9
A, ,QL 6f
'J3tl .IBllt) n'r .19 riz 3 'J3N i 'n'r 91'tS � •�k3[ � cads � o�
s a
3775 Benton Street
Party Wall Agreement
And
Declaration
TABLE OF CONTENTS
ARTICLE 1. SUBMISSION/DEFINITIONS/UNIT DESCRIPTIONS............................................................................. 1
SECTION 1.1 SUBMISSION OF REAL ESTATE.................................................................................................................... 1
SECTION 1.2 EXEMPTION FROM CCIOA........................................................................................................................2
SECTION1.3 DEFINEDTERMS......................................................................................................................................2
SECTION 1.4 IDENTIFICATION OF LOTS/LOT DESCRIPTIONS................................................................................................3
ARTICLE 2. NAMES/ DESCRIPTIONS OF REAL ESTATE/EASEMENTS...................................................................... 3
SECTION 2.1
NAME AND TYPE AND MAXIMUM NUMBER OF LOTS OR UNITS........................................................................3
SECTION2.2
REAL ESTATE..........................................................................................................................................3
SECTION2.3
No HOA...............................................................................................................................................3
SECTION 2.4
UTILITY RESERVATIONS.............................................................................................................................3
SECTION 2.5
UTILITY, MAP AND PLAT EASEMENTS..........................................................................................................4
SECTION 2.6
ACCESS EASEMENT ON THE INGRESS/EGRESS EASEMENT/DRIVE AISLE...............................................................4
SECTION 2.7
EASEMENTS FOR THE UNIT OWNERS...........................................................................................................5
SECTION 2.8
EMERGENCY EASEMENTS..........................................................................................................................5
SECTION2.9
MECHANIC'S LIENS..................................................................................................................................5
SECTION 2.10
SQUARE FOOTAGE OF HOMES....................................................................................................................5
ARTICLE 3. MAINTENANCE RESPONSIBILITIES.................................................................................................... 5
SECTION 3.1
MAINTENANCE BY THE OWNERS GENERALLY.................................................................................................5
SECTION 3.3
ALLOCATION OF WATER AND SEWER COSTS.................................................................................................6
SECTION 3.4
LANDSCAPE MAINTENANCE.......................................................................................................................6
SECTION 3.5
TRASH SERVICE OF EACH OWNER...............................................................................................................6
SECTION 3.6
MAINTENANCE DUE TO DAMAGES, NEGLIGENCE OR INTENTIONAL ACTS............................................................6
SECTION 3.7
ALLOCATION OF COMMON SEWER COSTS....................................................................................................7
SECTION 3.8
FA4ADE OR BUILDING EXTERIOR MAINTENANCE............................................................................................7
SECTION3.9
HOA AS AN OPTION.................................................................................................................................7
SECTION 3.10
CITY OF WHEAT RIDGE IS NOT RESPONSIBLE FOR MAINTENANCE.......................................................................7
ARTICLE4. PARTY WALLS.........................................................................................................I......................... 7
SECTION 4.1
GENERAL RULES OF LAW TO APPLY.............................................................................................................7
SECTION 5.2
SECTION 4.2
SHARING OF REPAIR AND MAINTENANCE.....................................................................................................7
SECTION 5.3
SECTION 4.3
DESTRUCTION BY FIRE OR OTHER CASUALTY.................................................................................................7
SECTION 5.4
SECTION 4.4
LIABILITY FOR NEGLIGENCE........................................................................................................................8
SECTION5.5
SECTION 4.5
RIGHT TO CONTRIBUTION RUNS WITH LAND.................................................................................................8
SECTION 5.6
SECTION 4.6
DISPUTE RESOLUTION...............................................................................................................................8
SECTION 5.7
SECTION 4.7
EASEMENT FOR COMMON AND PARTY WALLS...............................................................................................8
SECTION5.8
ARTICLE 5. USE RESTRICTIONS AND RESTRICTIVE COVENANTS.......................................................................... 8
SECTION 5.1
FLEXIBLE APPLICATION OF THESE COVENANTS AND RESTRICTIONS.....................................................................8
SECTION 5.2
AUTHORITY/APPLICATION OF THESE USE RESTRICTIONS..................................................................................H
SECTION 5.3
RESIDENTIAL DWELLING USE......................................................................................................................8
SECTION 5.4
GENERAL USE AND OCCUPANCY RESTRICTIONS.............................................................................................8
SECTION5.5
HOME OCCUPATIONS...............................................................................................................................9
SECTION 5.6
EXTERIOR OR LANDSCAPE ALTERATIONS.......................................................................................................9
SECTION 5.7
ADVERTISING RESTRICTIONS......................................................................................................................9
SECTION5.8
NUISANCES............................................................................................................................................9
SECTION 5.9
NO HAZARDOUS ACTIVITIES.......................................................................................................................9
SECTION 5.10
COMPLIANCE WITH GOVERNING DOCUMENTS...............................................................................................9
ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS......................................................................... 9
SECTION 6.1 CREATION OF LIEN AND PERSONAL OBLIGATION TO PAY INGRESS/EGRESS EXPENSES ............................................ 9
ARTICLE7. INSURANCE.....................................................................................................................................11
SECTION 7.1 INSURANCE OBTAINED BY OWNERS........................................................................................................... 11
SECTION7.2 DUTY TO REPAIR.................................................................................................................................... 11
ARTICLE 8. ALTERNATIVE DISPUTE RESOLUTION OF CONSTRUCTION DEFECTS AND ANY CLAIMS AGAINST THE
DECLARANT OR ITS CONTRACTORS......................................................................................................................12
SECTION8.1 PURPOSE............................................................................................................................................. 12
SECTION8.2 EXCLUDED DISPUTES.............................................................................................................................. 12
SECTION 8.3 LAWSUITS OR ACTIONS BY ANY OWNER OR ANY OTHER PARTY........................................................................ 12
SECTION 8.4 DIRECT COMMUNICATION....................................................................................................................... 12
SECTION8.5 MEDIATION.......................................................................................................................................... 12
SECTION 8.6 ARBITRATION REQUIRED ON EXCLUDED CLAIMS.......................................................................................... 12
SECTION8.7 LOCATION............................................................................................................................................ 12
SECTION 8.8 ARBITRATION PROCEDURE....................................................................................................................... 12
SECTION 8.9 BINDING NATURE; APPLICABLE LAW......................................................................................................... 13
SECTION 8.10 SOLE REMEDY WAIVER OF JUDICIAL RIGHTS................................................................................................ 13
SECTION8.11 RESTRICTIONS....................................................................................................................................... 13
SECTION 8.12 PAYMENT OF EXPENSES UNDER THIS ARTICLE.............................................................................................. 13
SECTION 8.13 AMENDMENT OF THIS ARTICLE................................................................................................................. 14
ARTICLE 9. MISCELLANEOUS AND GENERAL PROVISIONS
.................................................................................14
SECTION 9.1
COMPLIANCE AND ENFORCEMENT
............................................................................................................
14
SECTION9.2
TERM OF DECLARATION
..........................................................................................................................
14
SECTION9.3
COVENANTS TO RUN
..............................................................................................................................
14
SECTION9.4
ATTORNEY FEES
....................................................................................................................................
14
SECTION9.5
TERMINATION
.......................................................................................................................................
14
SECTION 9.6
AMENDMENT OF DECLARATION BY OWNERS...............................................................................................
14
SECTION 9.7
CONDEMNATION AND CASUALTY INSURANCE ALLOCATIONS
AND DISTRIBUTIONS ...............................................
14
SECTION9.8
INTERPRETATION...................................................................................................................................
15
SECTION 9.9
SINGULAR INCLUDES THE PLURAL
..............................................................................................................15
SECTION9.10
CAPTIONS
............................................................................................................................................
15
SECTION9.11
NON-WAIVER.......................................................................................................................................
15
SECTION 9.12
CHALLENGE TO AN AMENDMENT
..............................................................................................................
15
SECTION9.13
SEVERABILITY........................................................................................................................................
15
EXHIBIT A: DESCRIPTION OF REAL ESTATE.......................................................................................................................
16
3775 Benton Street
Party Wall Agreement
And
Declaration
This Party Wall Agreement and Declaration ("Declaration") is made by 3775 Benton St.
LLC, a Colorado Limited Liability Company as "Declarant" and is effective upon recording.
RECITALS
A. Declarant is the owner of all real estate in the County of Jefferson, State of Colorado,
which is described as set forth in Exhibit A and which is defined in this Declaration as the "Real
Estate."
B. Declarant desires to create the "3775 Benton Street' planned community
("Community"), through this Declaration along with the Plat (as defined below), as recorded or to
be with the Clerk and Recorder of the County of Jefferson, State of Colorado, pursuant to which
the Real Estate will consist of 3 separate portions of the Real Estate (defined as "Lots") as
described in the recorded Plat.
C. By virtue of this Declaration and the Plat, the Real Estate described in Exhibit A is
designated for separate ownership and uses as allowed by local subdivision and zoning.
NOW, THEREFORE, the Declarant establishes the following covenants, servitudes,
easements and restrictions and as set forth in the Plat and any Map recorded on the Real Estate.
Article 1. Submission/Definitions/Unit Descriptions
Section 1.1 Submission of Real Estate.
(a) Declarant declares that all of the Real Estate shall be held or sold,
and conveyed subject to the easements, restrictions, covenants and conditions of this
Declaration.
(b) The Declarant submits the Real Estate described in Exhibit A, all
easements, rights and appurtenances thereto, the buildings and improvements currently erected
on the Lots, to the terms and conditions of this Declaration.
(c) Declarant declares that this Declaration is made for the purpose of
protecting the value and desirability of the Real Estate, that this Declaration shall run with the
Real Estate and shall be binding on all parties having any right, title or interest in the Real
Estate or any part of the Real Estate, their heirs, legal representatives, successors and assigns
and shall inure to the benefit of each Unit Owner.
Section 1.2 Exemption from CCIOA. As a planned community with 3 units, the
Declarant declares that the Community, the Real Estate, the Lots and the Owners are exempt
from and not subject to the Colorado Common Interest Ownership Act.
Section 1.3 Defined Terms. Each capitalized term in this Declaration shall have
the meaning as defined in this Declaration or as the context requires otherwise:
(a) "Agency" or "Agencies" means any generally recognized
secondary mortgage market agency or entity, including, but not limited to, the Federal National
Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC or
Freddie -Mac), the Governmental National Mortgage Association (GNMA), the Federal
Department of Housing and Urban Development (HUD or FHA) or the Veterans Administration
(VA).
(b) "Community" shall mean the planned community created by this
Declaration, as amended from time to time, consisting of the Real Estate and any improvements
constructed on the Real Estate.
(c) "Home" or "House" shall mean the residential dwelling
improvement constructed on a Lot which is designed and intended for use and occupancy as a
residence by a single family.
(d) "Declarant' means the Declarant named in this Declaration, and
any successor and/or assignee designated by written notice of assignment executed by
Declarant and by the transferee and recorded, to the extent any rights or powers reserved to
Declarant are transferred or assigned to such transferee.
(e) "Lot' or "Unit' means a physical portion of the Community,
designated for separate ownership, shown as a Lot on the recorded Plat for the Community, the
boundaries of which are defined in the Plat and in this Declaration.
(f) "Map" shall mean and refer to the map(s) of the Real Estate and
improvements, if any, recorded by Declarant in the records of the Office of the Clerk and
Recorder of the County of Jefferson, State of Colorado. More than one Map or supplement
thereto may be recorded, and, if so, then the term "Map" shall collectively mean and refer to all
of such maps, plats and supplements.
(g) "Plat' shall mean and refer to the Seun Subdivision Plat of the
Real Estate and improvements that are subject to this Declaration and which are designated in
the Plat recorded in the records of the Office of the Clerk and Recorder of the County of
Jefferson, State of Colorado. More than one Plat or supplement thereto may be recorded, and,
if so, then the term "Plat' shall collectively mean and refer to all of such plats and supplements.
(h) "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the Real Estate,
2
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
(i) "Real Estate" means the property described in Exhibit A, as that
exhibit may be modified by supplement or amendment of this Declaration, and such additional
easements as may be subsequently added, pursuant to the rights reserved in this Declaration, if
any, together with all easements, rights, and appurtenances thereto and the buildings and
improvements erected. All easements and licenses which the Community is subject to as of the
date of this Declaration are recited in Exhibit A, as that exhibit may be modified by supplement
or amendment, from time to time.
Section 1.4 Identification of Lots/Lot Descriptions. The identification of each Lot
is shown on the Plat. Every contract for sale, deed, lease, security interest, will or other legal
instrument shall legally describe a Lot by its identifying unit number or letter, followed by the
name of the Community, with reference to the Plat and the Declaration.
Section 1.5 Declaration, Plat and Map. Reference to the Declaration, Plat
and/or Map in any instrument shall be deemed to include any supplement(s) or amendment(s)
without specific references.
Article 2. Names/Descriptions of Real Estate/Easements
Section 2.1 Name and Type and Maximum Number of Lots or Units. The name
of the Planned Community is "3775 Benton Street." The type of Common Interest Community
is a Planned Community. The maximum number of Lots or Units in the Community is 3. The
Community, the Real Estate, the Lots and the Owners are exempt from the Colorado
Common Interest Ownership Act.
Section 2.2 Real Estate. The Community is located in the County of Jefferson,
State of Colorado. The Real Estate of the Community is described in Exhibit A and/or as is
consistent with the common scheme and plan for the creation and operation of the
Community. Easements for utilities and other purposes over and across the Lots may be as
shown upon a recorded Plat and/or on any recorded Map of the Community, and as may be
established pursuant to the provisions of this Declaration, or granted by authority reserved in
any recorded document.
Section 2.3 No HOA.
(a) The Community and Real Estate is not subject to a homeowners
association or HOA.
(b) Owners are not members of an HOA until and unless this
Declaration is amended to allow for an HOA as more fully provided in other parts of this
Declaration.
Section 2.4 Utility Reservations.
(a) Declarant creates and reserves to itself, until Declarant has sold
the last Unit created by Declarant to an Owner other than Declarant, which shall thereafter pass
to the Owners, collectively (subject to amendment as allowed for amendments of this
Declaration) a blanket easement.
3
(b) This blanket easement is upon, across, over and under the Real
Estate, the Community and the Units for access, utilities, drainage and the installation,
replacement, repair and maintenance of utilities, including but not limited to water, sewer, waste
water treatment and effluent irrigation systems, gas, telephone and other telecommunications
systems, electricity, heat and cooling systems, and master television and satellite antenna or
cable systems, and any other utility systems as may be desired or provided (collectively, "Utility
Systems").
(c) By virtue of this blanket easement, it shall be expressly
permissible for Declarant, and thereafter the Owners after the Declarant has sold the last Unit to
an Owner other than Declarant, to erect and maintain the necessary facilities, equipment and
appurtenances on the Real Estate. This reserved right includes the right to affix, repair, and
maintain landscaping, fencing, water, treated waste water, effluent irrigation and sewer pipes,
gas, electric, heat and cooling facilities, telephone and other telecommunications facilities,
telephone and television wires, circuits, conduits and meters, and any other improvements or
facilities appurtenant or relating to the Utility Systems.
(d) If any utility or quasi -utility company furnishing a service covered
by the general easement created or allowed under this section of this Declaration herein
requests a specific easement, a separate right and authority to grant such easement upon,
across, over or under any part or all of the Real Estate is reserved, provided the easement
granted does not conflict with the terms of this Declaration.
(e) The easement provided for in this Section shall in no way affect,
avoid, extinguish or modify any other recorded easement on the Real Estate.
(f) Any damage to any improvement caused by Declarant, an Owner
or the Owners operating collectively in exercising its rights under this Section will be repaired
promptly by that party or parties. The foregoing, however, shall not be deemed to render the
Declarant liable for any damage caused by any third party, including, without limitation, any
utility company.
Section 2.5 Utility, Map and Plat Easements. Easements for utilities and other
purposes over and across the Lots or Units may be as shown upon a recorded Plat and on the
recorded Map of the Community, and as may be established pursuant to the provisions of this
Declaration, or granted by authority reserved in any recorded document. The Declarant may
grant utility easements through Lots or Units, or on an equitable basis.
Section 2.6 Access Easement on the Ingress/egress Easement/Drive Aisle.
(a) Every Owner has a right and easement for pedestrian and
vehicular access to their Lot and of enjoyment in and to their appurtenant sidewalk and a drive
aisle/ingress/egress easement (as shown on the Plat), in favor of each Owner, the occupants of
a Home and guests.
(b) This easement is appurtenant to and passes with the title to every
Lot, subject to the following provisions:
(i) The right of 2 Owners to promulgate and publish Rules
with which each Owner and their occupants or guests must strictly comply.
IJ
(ii) The right of the Owner responsible for maintenance of the
ingress/egress Easement to close or limit the use while maintaining, repairing and making
replacements.
No obstruction or parking may occur in the ingress/egress
Easement.
Section 2.7 Easements for the Unit Owners. Each Lot or Unit shall be subject to
an easement in favor of each Owner to allow for their performance of obligations as may be
established in this Declaration. On exercising this easement right, the party exercising the
right shall be responsible for any resulting damages, and a lien therefore is authorized and
established against that party's Real Estate, pursuant to this Declaration.
Section 2.8 Emergency Easements. A nonexclusive easement for ingress and
egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar
emergency agencies or persons, now or hereafter servicing the Community, to enter upon any
part of the Community in the performance of their duties.
Section 2.9 Mechanic's Liens. No labor performed and/or materials furnished
for use and incorporated into any Lot with the consent or at the request of the Owner thereof,
his agent, contractor, or subcontractor, shall be the basis for the filing of a lien against the Lot
of the other Owner unless the Owner has expressly consented to or requested the same.
Each Owner shall indemnify and hold harmless the other Owner from and against any liability
or loss arising from the claim of any mechanic's lien against the Lot of any other Owner, or
any part thereof, for labor performed and/or materials furnished in work on the first Owner's
Lot.
Section 2.10 Square Footage of Homes.
(a) Declarant has previously disclosed, and discloses again, that
there are a number of methods of calculating the square footage of a Home, and that the basis
used, if any, to determine the purchase price of a Home, or the lease terms of the rental of a
Home, may be based on a method different than the formula for the allocation of interests as set
forth in this Declaration.
(b) The Owner of the Home, or the tenant of that Home,
acknowledges the Declarant's prior disclosure, and also acknowledges this disclosure and
agrees to and consents to the method, if any, so utilized to determine the purchase price of a
Home or the lease terms for the rental of a Home.
(c) Declarant does not warrant the accuracy of any prior estimate or
calculation of the square footage of a Home, regardless of method utilized.
(d) Each Owner and tenant acknowledges that the actual square
footage of a Home, upon completion, will vary from prior estimates and calculations.
Article 3. Maintenance Responsibilities
Section 3.1 Maintenance by the Owners Generally. Each Owner has the
obligation to maintain, keep in good repair, replace, as necessary, and improve, as deemed
appropriate, all portions of his or her Lot and Unit, including the Home and all improvements
5
made to the Lot and Unit, except as provided in this Declaration. Each party wall shall be
maintained jointly, as provided for in this Declaration.
Section 3.2 Maintenance of Drive Aisle. The Owner of Lot 2A has the obligation
to maintain, keep in good repair, replace, as necessary, and improve (as deemed
appropriate), the ingress/egress easement and Drive Aisle, and Stormwater drainage
easement and Stormwater Detention and Water Quality area that serves these Lots. The
ingress/egress and stormwater drainage easements are described and is shown on the Seun
Subdivision Final Plat.
Section 3.3 Allocation of Water and Sewer Costs.
(a) One common domestic water line provides water to all three Lots.
This water line also serves irrigation purposes for these Lots. Each Lot which benefits from that
water line is responsible for 1/3 of the expense of maintaining and repairing the water line that
serves those Lots and for 1/3 of or the sub -metered costs of water services from that line, if sub -
metering is ever provided.
(b) Water and sewer charges are assessed periodically based off
water usage via the water company and shall be handled as set forth above for water. An
annual bill tied to each water and/or sewer tap shall be handled according to the above.
Shared utility lines and equipment may serve more than one Lot. All expenses and liabilities for
the repair, maintenance and upgrade of utility or service connections or lines, facilities or other
utility equipment which are used to supply a service or utility to more than one Lot shall be
shared proportionately by the Owners sharing such utility lines and equipment, provided
however, that any expense or liability caused through the negligence or willful act of any Owner,
his family, agents or invitees, shall be borne solely by such Owner.
Section 3.4 Landscape Maintenance. Landscape maintenance is to be provided
by the Owner of each unit. This includes maintenance, repair, replacement and improvement
of landscape turf, vegetation, shrubs and trees, including mowing, fertilization, pesticide
treatment and irrigation.
Section 3.5 Trash Service of Each Owner.
(a) If trash services are provided by the local city or other
governmental jurisdiction without cost, each Owner must place their trash, in acceptable
containers (as required by the City or other governmental jurisdiction) in areas designated on
any Map or as separately designated by the Declarant. If trash services are not so provided,
each Owner is to separately contract for those services.
(b) Trash may only be put out of a Home by the residents the evening
before service. Acceptable, clean and appropriate containers must be used. Containers of
each resident must be returned to the interior of the applicable Home on the day that trash
service is provided.
Section 3.6 Maintenance Due to Damages Negligence or Intentional Acts. Any
maintenance or repair performed on or to a Unit, or the ingress/egress easement / drive aisle
or landscaped areas of a Lot and the costs related thereto, which is the result of the willful or
negligent act of another Owner, or Occupant or their family, guests, lessees, or invitees, shall
El
be the responsibility of the other Owner. If negligence or a willful act cannot reasonably be
determined by 2 of 3 owners, the costs shall be shared equally, as assessed by the Owner of
Lot 2A, who is then authorized to make the appropriate repairs, replacement or improvement.
Section 3.7 Allocation of Common Sewer Costs.
(a) All common sewer costs, as provided for above, are to be borne
equally by all 3 owners. The Owner of Lot 2A (as authorized above), or the Owner of the Lot
who administers or supervises those services may assess the other 2 Owners to bel/3 of the
costs of providing these services. Each Owner of those Lots have the obligation to pay (and in
the case of the administering or supervising Owner, to "bear") their 1/3`d share, within 30 days of
invoicing.
Section 3.8 Facade or Buildinq Exterior Maintenance. All 3 Unit Owners may,
by a vote of at least 2 Owners, determine and designate one Owner is authorized to
administer or supervise exterior maintenance and/or party wall maintenance services at such
cost and/or estimated cost as determined. Those costs are allocated equally. The Owner
who administers or supervises these services may assess each Owner of the Lots for 1/3`d of
these costs. Each Owner has the obligation to pay (in the case of the administering or
supervising Owner, to "bear") their 1/3rd share, within 30 days of invoicing.
Section 3.9 HOA as an option. The Owners of the Lots, by affirmative vote of at
least 3 Owners, may form a homeowners association or HOA, as a nonprofit or other entity, to
provide some or all of the services allowed for in this Article of this Declaration or as approved
by at least 3 Owners. If determined by those 3 Owners, the HOA may be obligated to also
provide maintenance, repair, replacement and improvement of the exteriors of the Homes on
the Lots. In the event an HOA is formed, this Declaration is to be amended to reflect the
HOA, to reflect any changes in maintenance allocations and to reflect and changes in
allocations of costs. Articles of incorporation, bylaws and governance policies may also be
approved and adopted with the vote of 3 Owners.
Section 3.10 City of Wheat Ridge is not responsible for Maintenance. The Real
Estate and each Lot are privately owned and as such, are not the maintenance responsibility
of the City of Wheat Ridge. The City would only be responsible for maintenance as an Owner,
if it acquired Title on one or more of the Lots.
Article 4. Party Walls
Section 4.1 General Rules of Law to Apply. Any wall or fence built and placed
on the dividing line between Lots shall constitute a party wall. To the extent not inconsistent
with the provisions of this Article, the general rules of law regarding party walls and liability for
property damage due to negligence or willful acts or omissions apply.
Section 4.2 Sharing of Repair and Maintenance. The cost of reasonable repair,
replacement and maintenance of the party wall is shared by the Owners who make use of the
wall and/or fence in equal proportions, unless or until this Declaration is amended.
Section 4.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or
damaged by fire or other casualty, then, to the extent that such damage is not covered by
insurance and repaired out of the proceeds of same, any Owner who has used the wall and/or
fence, as applicable, may restore it, and if the other Owners thereafter make use of the wall
VA
and/or fence, they shall contribute to the cost of restoration thereof in equal proportions
without prejudice, however, subject to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability for negligent or willful acts
or omissions.
Section 4.4 Liability for Negligence. To the extent that damage is not covered
and paid by the insurance, an Owner who by his negligent or willful act causes the party wall
to be exposed to the elements or to be damaged shall bear the whole cost of furnishing the
necessary protection of the party wall against such elements and damages as a result of
failure to do so.
Section 4.5 Right to Contribution Runs with Land. The right of any Owner to
contribution from another Owner under this Article shall be appurtenant to the land and Lot
involved and passes to such Owner's successors in title.
Section 4.6 Dispute Resolution. In the event of any dispute arising concerning
the party wall, or under the provisions of this Article, the parties shall submit the dispute to
mediation. If the dispute cannot be resolved through mediation, the parties may pursue the
dispute in arbitration or through a legal proceeding before a court.
Section 4.7 Easement for Common and Party Walls. Each Owner, his agents
and contractors, are granted a non-exclusive easement for the purpose of maintenance,
construction, reconstruction and repair, in, over, under and upon the adjacent Lot and in and
upon the adjacent Lots for purposes of common or party wall maintenance and repair, upon
reasonable notice to the other Owner. Any damage occasioned to the adjacent Lot or
improvements, including the dwelling thereon, in exercising this easement, shall be the
responsibility of the Owner whose negligent or wrongful acts or omissions caused the
damage. See additional provisions in this Declaration relating to other aspects of party walls.
Article 5. Use Restrictions and Restrictive Covenants.
Section 5.1 Flexible Application of these Covenants and Restrictions. All Lots
and Units within 3775 Benton Street are held, used and enjoyed subject to the following
limitations and restrictions. The strict application of the following limitations and restrictions in
any specific case may be modified or waived, in whole or in part, by the agreement of 3
Owners if such strict application would be unreasonable or unduly harsh under the
circumstances. Any such modification or waiver must be in writing.
Section 5.2 Authority/Application of these Use Restrictions. All provisions of this
Declaration, as may be modified, apply to Owners and their guests, tenants, invitees and
licensees. Owners and their successors and assigns, by acceptance of a deed to their Lot
and Unit, acknowledge that they have been given notice, and that the ability of Owners to use
their Lots and Units is limited by the provisions in this Declaration.
Section 5.3 Residential Dwelling Use. Units shall not be used for any purpose
other than a residential dwelling except as set forth in this Article.
Section 5.4 General Use and Occupancy Restrictions. All Lots and Units within
the Community shall be used only for those uses and/or purposes as allowed by the local
zoning, control and regulation, and permitted by this Declaration.
0
Section 5.5 Home Occupations. Home occupations are allowed so long as the
home occupations are incidental and secondary to the use of the Lot and Unit and do not
change the residential character of the Home, comply with local zoning ordinances and
regulations, and comply with this Declaration. In no instance shall a home occupation be
visible externally. Additionally, in no instance may a home occupation employ more than one
person.
Section 5.6 Exterior or Landscape alterations. No change or modification to the
exterior of the Home or to the landscaping on the Lots may be made without the prior written
approval of at least 1 of the 2 other Owners. Notice of the proposed exterior landscape
change must first be given, in advance, in a reasonable time before any approval by an Owner
may be given.
Section 5.7 Advertising Restrictions. Except as allowed to the Declarant, and
except as allowed in this section, external advertising of any kind is prohibited. No sign,
poster, billboard, advertising device or display of any kind shall be erected or maintained
anywhere on a Lot or Unit except such sign or signs as may be approved in writing by the 3
Owners or as otherwise allowed by applicable law. One professionally lettered "For Sale" or
"For Rent" sign, not to exceed three feet by two feet, and one professionally lettered security
or alarm system sign not exceeding six inches by six inches may be displayed inside a
window of a Unit.
Section 5.8 Nuisances. No nuisance shall be permitted within the Community,
nor any use, activity or practice which is the source of unreasonable annoyance or
embarrassment to, or which unreasonably offends or disturbs, any Owner or which may
unreasonably interfere with the peaceful enjoyment or possession or the proper use of a Lot
or Unit or any portion of the Community by residents. Further, no improper, offensive or
unlawful use shall be permitted within the Community or any portion thereof. All valid laws,
ordinances and regulations of all governmental bodies having jurisdiction over the Community
or a portion thereof must be observed.
Section 5.9 No Hazardous Activities. No activity may be conducted on and no
improvement may be constructed on any Real Estate within the Community which is or might
be unsafe or hazardous to any person or Real Estate. Without limiting the generality of the
foregoing, no firearms shall be discharged within the Community. No open fires shall be
lighted or permitted within the Community except in a contained barbeque unit, fire pit or
similar facility. No Owner shall permit any condition on his Lot or Unit which creates a fire
hazard or is in violation of applicable fire prevention regulations
Section 5.10 Compliance with Governing Documents. Each Owner shall comply
strictly with the provisions of this Declaration, as amended.
Article 6. Covenant for Common Expense Assessments
Section 6.1 Creation of Lien and Personal Obligation to Pay Ingress/egress,
Driveway and Stormwater Detention Expenses.
(a) The Owners each lot are deemed to covenant and agree to pay to
the supervising or administering Owner, 1/3rd of the expenses allowed to be allocated under this
Declaration, or such other amount as may be agreed to by the parties.
9
(b) Other expenses may be allocated as expressly provided in this
Declaration.
(c) If the Owner of a Lot has the right to assess other Lots and
Owners and desires the contribution of the appropriate other Lot Owners, as allowed for under
this Declaration, that Owner must assess and account to those Owners within 18 months of the
charges sought to be allocated.
(d) These charges or assessments shall be the personal obligation of
the Owner of these Lots and Unit at the time when the assessment or other charges became
due.
(e) The assessments shall be a charge on each of these Lots and
Unit and shall be a continuing lien upon the Lot and Unit against which each such assessment
is made.
(f) If any assessment is payable in installments, the full amount of the
assessment is a lien from the time the first installment becomes due.
(g) The personal obligation to pay any past due sums does not pass
to a successor in title unless expressly assumed by them.
(h) No Owner may become exempt from liability for payment of the
assessments by waiver of the use or enjoyment of the services provided or available or by
abandonment of the Lot and Unit against which the assessments are made.
(i) All assessments shall be payable in the amounts specified in the
levy thereof, and no offsets or reduction thereof shall be permitted by any reason including,
without limitation to, any claim that the other Owner is not or has not properly exercised their
duties and powers under this Declaration (except as to the 18 month period provided for this
Declaration).
(j) All assessments shall be assessed or shared equally by the Lots
and Unit, unless otherwise agreed.
(k) Assessment liens have priority over all other liens and
encumbrances on a Lot and Unit except: (i) liens and encumbrances recorded before the
recording of this Declaration; (ii) a first mortgage on the Unit (except as allowed by the Act with
regard to the limited lien priority allowed for in the Act); and (iii) liens for real estate taxes and
other governmental assessments or charges against the Unit.
(1) The lien is not subject to the provisions of any homestead
exemption as allowed by state or federal law.
(m) The Lot Owner with assessment rights under this Declaration, has
all remedies available at law, including the right to foreclose, after two notices to the non-paying
Owner and their lenders, if any, and only after assessments have been outstanding for at least 6
months and the non-paying Owner has been offered a payment plan.
(n) Sale or transfer of any Lot and Unit shall not affect the lien except
that the sale or transfer of any Lot and Unit pursuant to foreclosure of any first mortgage or any
10
proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall
only extinguish the lien of assessment as provided by applicable law.
(o) No such sale, transfer, foreclosure, or any proceeding in lieu
thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any
Owner neither from continuing liability for any assessment charges thereafter becoming due nor
from the lien.
(p) An assessment provided for in this Declaration, or any installment
thereof, which is not fully paid within 30 days after the due date thereof, shall bear interest at the
rate of 21 % per annum and the Owner to whom the assessment is due may assess a monthly
late charge of $25 a month.
(q) After failure to make payment within the 60 days of the due date
the Owner due payment may bring an action at law or in equity, or both, against any Owner
obligated to pay such overdue assessment(s), or monthly or other installments thereof. In the
event of nonpayment for over 6 months, the Owner due payment may also proceed to foreclose
their lien against such Owner's Lot and Unit, after at least two notices to the past due Owner.
(r) Costs of suit, expenses and reasonable attorney fees incurred
simply by virtue of the failure of the Owner to timely pay assessments when due, including
attorney fees and costs for consultation and for preparing and recording any lien notice, shall be
included as part of the delinquent assessment. These costs are to be taxed by the court as a
part of the costs of such action or foreclosure proceedings and as allowed for under the Act.
(s) Foreclosure, whether completed or commenced but not
completed, shall not be deemed to estop or otherwise preclude an Owner due assessments
from thereafter again foreclosing or commencing an action to foreclose its lien for any
subsequent assessments.
(t) The Owner due payment shall have the power and right to bid on
or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease,
mortgage, and to convey or otherwise deal with the same.
(u) The rights of the Owner due payment of assessments shall be
expressly subordinate to the rights of any first mortgagee as set forth in its deed of trust or
mortgage (including any assignment of rents), to the extent permitted under the Colorado
Common Interest Ownership Act.
Article 7. Insurance
Section 7.1 Insurance Obtained by Owners. Each Owner shall be responsible
for maintaining insurance which covers betterments and improvements from the original
construction, furnishings and personal or other Real Estate in the Home and liability insurance
for injury, death or damage in the Home or upon the Lot.
Section 7.2 Duty to Repair. Any portion of the Real Estate for which insurance
is required under this Declaration which is damaged or destroyed must be repaired or
replaced.
11
Article 8. Alternative Dispute Resolution of Construction Defects and any Claims
against the Declarant or its contractors
Section 8.1 Purpose. The purpose this article of this Declaration is to establish
a harmonious planned Community. Though prompt, efficient, fair and non -belligerent
resolution of any construction or design dispute. Any construction or design controversy with
the Declarant or its contractors must be resolved as set forth in this Article.
Section 8.2 Excluded Disputes. "Excluded Disputes" means any claim, legal
action or suit related to construction or design of the Homes or any part of the Community.
Section 8.3 Lawsuits or Actions by any Owner or any other party.
(a) Owners, nor any other party, may not bring a lawsuit on an
Excluded Claim.
(b) Excluded Claims are first subject to the mediation provisions of
this Declaration.
(c) Excluded Claims are also subject to the arbitration provisions of
this Declaration.
Section 8.4 Direct Communication. Any Owner making a claim related to
construction or design of the Homes or any part of the Community must set forth their claim in
correspondence. Each party must respond within a reasonable time after receipt of a letter
from the other (i.e. within 14 days) unless or until an agreement is reached.
Section 8.5 Mediation. If the claim cannot be resolved through direct
communication of the parties either party may request appointment of a neutral and properly
credentialed mediator. If a mediator cannot be agreed to, the parties shall each pick a
mediator and those mediators then may select a neutral, credential mediator. Once a
mediator has been selected, all parties must participate in the mediation in good faith until the
dispute is resolved, or a period of 120 days without resolution elapses. The cost of the
mediation must be divided equally among the parties.
Section 8.6 Arbitration Required on Excluded Claims.
(a) If the dispute cannot be resolved through mediation, the dispute
must be decided by mandatory and binding arbitration in accordance with the rules of the
American Arbitration Association ("AAA") currently in effect.
(b) All Excluded Disputes that not resolved by direct communication
or mediation must be decided by mandatory and binding arbitration.
Section 8.7 Location. The arbitration proceeding must be held in the greater
Denver area unless otherwise mutually agreed by the parties.
Section 8.8 Arbitration Procedure. The following procedures apply:
12
(a) Demand for arbitration must be filed in writing with the other party
and with the AAA. A demand for arbitration must be made within 120 days after the dispute in
question has arisen and failed to be resolved by mediation.
(b) All Excluded Claims are subject to the applicable statutes of
limitations and repose.
(c) In no event may the demand for arbitration be made after the date
when the institution of arbitration proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limitations and repose.
(d) No arbitration arising out of or relating to this Declaration may
include, by consolidation, joinder or any other manner, an additional person or entity not subject
to the Declaration, except that the Declarant, at its sole election and in its sole discretion, may
by consolidation, joinder or any other manner, include contractors, subcontractors or other
parties involved in the construction and/or planning of the Common Interest Community.
(e) The arbitrator shall be selected by agreement of the parties. If
they cannot agree, each party shall select an arbitrator. Those arbitrators shall then select the
arbitrator to determine the outcome of the dispute.
(f) The provision of this Article to arbitrate, or the Declarant's election
to include any additionally person or entity not subject to this Declaration in an arbitration are
specifically enforceable in accordance with applicable law with any court having jurisdiction.
(g) The award rendered by the arbitrator or arbitrators is final, and
judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction.
(h) All filing fees and AAA costs associated with the arbitration itself
must be paid for by the party who files the notice of arbitration.
Section 8.9 Binding Nature; Applicable Law. The consideration of the parties to
be bound by arbitration agreement and covenant in this Declaration includes a waiver of
access to determination by a court and/or jury and also includes the waiver of any rights to
appeal the arbitration finding other than for the reasons available under Colorado law.
Section 8.10 Sole Remedy Waiver of Judicial Rights. Each Owner expressly
consent to this procedures established in this Article as their sole and exclusive remedy.
Each Owner expressly waives any right they may have to seek resolution of any Exclude
Dispute contemplated by this Article in any court of law or equity. Each Owner expressly
waives any right they may have to trial by judge or jury.
Section 8.11 Restrictions. If a dispute involves the Declarant, an Owner or any
other party related to an Excluded Claim, no person may file a memorandum of its pendens or
similar instrument that would encumber or create a lien upon the land owned by the Declarant
or any Owner.
Section 8.12 Payment of Expenses under This Article. Beyond filing fees and
AAA costs associated with the arbitration (those costs being the obligation of the party who
13
files the notice of arbitration), each party is responsible for their own costs, expenses, experts
and attorney fees in the mediation and arbitration.
Section 8.13 Amendment of this Article. The Provisions of this Article may be
amended with a vote of at least 2 Owners and with the written consent of the Declarant.
Article 9. Miscellaneous and General Provisions
Section 9.1 Compliance and Enforcement. Each Owner and occupant of a Lot
shall comply with the Declaration, as amended, and each Owner shall have the right to
enforce the covenants and restrictions, as set forth in this Declaration. Enforcement of these
covenants, restrictions, charges and other provisions, as amended, may be by any proceeding
at law or in equity against any person or persons violating or attempting to violate any such
provision. All remedies set forth in the Declaration shall be cumulative of any remedies
available at law or in equity. In any action to enforce the Declaration, as amended, the
prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees
and court costs, reasonably incurred in such action.
Section 9.2 Term of Declaration. The covenants and restrictions of this
Declaration shall run with and bind the land in perpetuity.
Section 9.3 Covenants to Run. All of the covenants, easements, servitudes and
provisions contained in this Declaration shall be a burden on the title to all of the lands within
the Real Estate, and the benefits thereof shall inure to the owners of all of the lands within the
Real Estate.
Section 9.4 Attorney Fees. In a legal proceeding in any way related to the
Declaration or the Community, the court shall award to the party prevailing on each claim the
prevailing party's reasonable attorney fees and costs incurred in asserting or defending the
claim.
Section 9.5 Termination. Termination of the Community may occur upon the
written agreement of all of the Owners or in accordance with applicable law.
Section 9.6 Amendment of Declaration by Owners. Any provision, covenant,
condition, restriction or equitable servitude contained in this Declaration may be amended,
revised, removed or repealed, and new provisions, covenants, conditions, restrictions or
equitable servitudes may be added, at any time and from time to time upon approval and
written agreement of 3 Owners or in accordance with applicable law. The amendment or
repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the
County of Jefferson, State of Colorado of a certificate, setting forth the amendment in full and
certifying that the amendment has been approved as set forth above, and containing the
written consent and approval of each of the Owners.
Section 9.7 Condemnation and Casualty Insurance Allocations and
Distributions. In the event of a distribution of condemnation proceeds or hazard insurance
proceeds to the Owners, the distribution shall be to the parties as their interests and rights are
determined or allocated by record.
14
Section 9.8 Interpretation. The provisions of this Declaration shall be construed
to effectuate their purposes of creating a uniform plan for promoting and effectuating the
fundamental concepts as set forth in this Declaration.
Section 9.9 Singular Includes the Plural. Unless the context otherwise requires,
the singular shall include the plural, and the plural shall include the singular, and each gender
referral shall be deemed to include the masculine, feminine and neuter.
Section 9.10 Captions. All captions and titles used in this Declaration are
intended solely for convenience of reference and shall not enlarge, limit or otherwise affect
that which is set forth in any paragraph, section or article hereof.
Section 9.11 Non -Waiver. Any forbearance or failure to enforce any provisions of
this Declaration shall not operate as a waiver of any such provision or of any other provision of
this Declaration or of any subsequent enforcement of such provision.
Section 9.12 Challenge to an Amendment. All challenges to the validity of an
amendment to this Declaration must be made within one year after the date of recording of
this document.
Section 9.13 Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions which shall
remain in full force and effect.
Declarant has caused this Party Wall Agreement and Declaration and to be executed by it's duly
authorized agent.
3775 Benton St. LLC, a Colorado Limited Liability Company
By:
State of Colorado
County of
Seun Phommatha, Authorized Agent
) ss.
The foregoing was acknowledged before me this day of
20_, by Seun Phommatha, as Authorized Agent of 3775 Benton St. LLC, a Colorado Limited
Liability Company.
Witness my hand and official seal.
Notary Public
Commission Expires:
15
Exhibit A: Description of Real Estate
Description of the Real Estate:
3775, 3785 and 3795,
SEUN'S SUBDIVISION,
County of Jefferson,
State of Colorado
aka — 3775 Benton Street, 3785 Benton Street, and 3795 Benton Street, Wheat
Ridge, CO 80212
The Real Estate is also subject to the following documents or interests of record:
1. Notes and easements as shown on the recorded plat of the subdivision that includes the
Real Estate, as shown on the recorded plat.
2. Other documents of record.
16
City Of
W heat Ridge
PUBLIC WORKS
Memorandum
TO: Lisa Ritchie, Planner II
FROM: Dave Brossman, Development Review Engineer
DATE: October 16, 2015
SUBJECT: MS-15-03/Seun, 3 -Lot Subdivision Plat
I have completed my third review of the minor subdivision plat to facilitate the construction of
three townhomes at 3775 Benton Street received on October 12, 2015, and I have the following
comments for their surveyor:
Final Plat
1. We're going to need one last modification & one addition:
a. Since buildings and other permanent structures are not allowed within
stormwater drainage easements, please "block out" the proposed deck
footings and exclude these areas from the stormwater drainage easement.
b. And now that this graphical portion of the plat is getting very busy, please
include an enlargement of this area so future readers can determine what is
going on. For example, show the exclusion of the footer areas (with
dimensions) from the stormwater easement, the 2 different easement types
within this area - depicting the ingress -egress one foot off of the property
line and the stormwater drainage easement going to the PL, and that these
easements overlap, etc.
CC: Steve Nguyen, Engineering Manager
Mark Van Nattan, Engineering Technician
File
Seun Subdivision Review-3.ItrAwx
-r I
I
;pypo?`@ig• I�
----- - L - -- - - --------1 '"
e �gnexa"ads 8
I
('03a 3 .e I,cL00 S) ----- 5i.71- ,91,fL00 S7 ^-T-----
"I'1'v 3 .S I,LL00 S Y �'�� 'w'r 3 .S t,Z Z.00 5 3`g�
DDB .Ie,1Z) 'n'r ,19rIZ
a=
a
wr ,911s 5
am dpi
�
S °4 9 P
R�
di
W
!
°Yi g�
�Y3
z w
7'
�M1I
W
0)
p 0)61
• Egli1,3 1
j
Z
:F
W W
:2°q
M (
p'03a 3 S --
Q Z
Q
Z�
.91,fL00
'MY 3 .Sl,ZZ.DO S
('D3a .000.)
Z
'n'r ,aZ 6f
O
�
0
O
§
< u Fg
:3
X's
_ay
y
mLLJ
O
Z
_<
N
- m
e
y.
O O e•
z~
M ,9
N
133+aoa5 nv0iarn
N
W o §
J Z n
w � 1
z LLJ
V)
n \Y/
e3q-g3Be b>-
`
� o
m
Y
D�
V) w
Ir z
-r I
I
;pypo?`@ig• I�
----- - L - -- - - --------1 '"
e �gnexa"ads 8
I
('03a 3 .e I,cL00 S) ----- 5i.71- ,91,fL00 S7 ^-T-----
"I'1'v 3 .S I,LL00 S Y �'�� 'w'r 3 .S t,Z Z.00 5 3`g�
DDB .Ie,1Z) 'n'r ,19rIZ
a=
9 3 Dia u
g�k
wr ,911s 5
am dpi
$ A
a 6�yG7
5-
S °4 9 P
R�
Ejby
!
�Y3
7J,
�M1I
fig.
i
db
L:
a
�
X's
R Ic
y
e
a
_
T
- _133x1=N3a
_
MO u33
8.b..'^ 9
_
Ar 3.01 6511 n) •g
�03tl Lie,, I N B
qe
P`gkate
• W
a
k Q
�Q.
l
-r I
I
;pypo?`@ig• I�
----- - L - -- - - --------1 '"
e �gnexa"ads 8
I
('03a 3 .e I,cL00 S) ----- 5i.71- ,91,fL00 S7 ^-T-----
"I'1'v 3 .S I,LL00 S Y �'�� 'w'r 3 .S t,Z Z.00 5 3`g�
DDB .Ie,1Z) 'n'r ,19rIZ
a=
9 3 Dia u
g�k
wr ,911s 5
am dpi
$ A
a 6�yG7
5-
S °4 9 P
R�
Ejby
�Y3
�M1I
Ila WWRI .6
�i -b>F Y�;i ab �°i� Vh b„" a:� s� 7 @ip�F' 4 E 'r 5 2g$aL
08 i7 Jr k a; bg If arg x Y � p r J w
p�YYErY �pa���RO=hg r -r est $� r�+fig 8 's�-� �p���
eh"P agll" Y N, 85:e6 w ire°Ye�q� 6 p � b9 lyyY^ : it eal Y 83dNj� ja
Y : - q C` �b�lF" 4 S ll y,�� g X
���� :;,r��E �z � �'�Fb•`� �=�y�� a�� ��:� ��=aY� $
!�'
p •£_ Ab a p l E 9j a3€a�r� g ° g$`FFg � Y ;UJIMUM
oil 4 $bb'^ '= �sH AI �$: ���:� d� �YaF���B ���i���s���€���
,ea$Yr sa J.1;'I a3- .Y1$ as
S
�Y3
�M1I
fig.
i
db
L:
a
�
X's
R Ic
y
e
a
M,
O
(V
O
C
E
rA
O
as
cC
IM
TA
;
o
N _
�-
�
v
ea
o
ol
a�
-�
WCd
vOi 0
C
u
'"
°
O
is
O
>,
LVF«
o
u
a�
^o °
o
o
W
o0-4
g�
N O
_
o
CLO
°
•�
�'
W
tko,
4
i
y
Cd
aci
Q.�
CI
it
N E y
> Q
0 C
o.
O
.L�"
h
•ti
v
o
o
"
�,
CIO
o
W
z
0
Ho
ami
��
.a
[
>,
c
O
cl En
_Ocz
>CQ
'O
O
U)
Cdv
Cd
bID
S
O
U .>�
O
.0
e�
O
•�
.=
N C�
N
cit
>
u.o
v
4-
O
s.w
O
O
C
v°
y •."
'.0'b
v7
•• �
ca
^Cy
y
�
w>
O O
w
CQ
\
O
�;
EA
>
A
U
O
a .d
O
CQ
`n o
y
z
¢
rl
V b
^O
�'
o
c
4i
00
a� °
O
CQ
w
O
0 O
C Q
04
4." G
cM
NU
o
a,
$
A
c
� '0
��
C C)
a+
4r
v
CA
C�
er.
O
.%
.r
U
C�'
y
OA 00
- C
.0
y dA y 400
�.
C> O
Q
�� Z
a0
y •�
iia
y
C
C p
•D N i
o
u
(�
N �r
"
Ci
C
L'
.0
O C
�
ate+ z
L°
°O
IRR
�'
W ��
Cts
a
Nen
y 'b
o
�. ..Ovi
6.00•�3�
+�
:30
um
o=
W
a°i
"C
W
Vi
m
W
Vi
�iD a
G O
C4.
wX
O
.0v
a
C
aA
GG
��
a
m
�+
N
O
0 y � o� �
�
w OD
� „
a
U
F"
C/�
Q' a�
�
W
a
W
"O
F"
�
O
z °
A U c- 3
°
H Z U
Gz
-- A
ai 04
(V 5
a
M
Ig
4
C:i
O
i Ji S
TA
W
a4
\
0
/
�
.n
0
r.4
A
wQowrn3r,wr{3rn
Lnr"r"WLnLnLnoNrIm
r1LnrlML--1MrlONr-
I I 1 1 I
.o rV a) a) a) rV a) r,' O
a)NMctMC14 t 0 M un a)
NI Ln I Ln I Ln I Ln I L
r� Ul Ln O Ln N Ln �n
Le)
0000OOOr-,0000
O r� r� r� r\ t\
a) V) z z Z Ln
Ln .. .. .. .. ..
Ln ..s ..s ..t .••c .. -C
O W +•) 0) 1-+ W d-) W +J W +-1
t\ to L V1 L VI L V) L V) L
L O L O L O L O L O
•• 3 Z 3 z 3 z 3 z 3 Z
s0 O O 0 O
`U U U U U
O
z (J a) a) aJ 0)
C C C C C
•r •r •r •r •r
J J J J J
of
al
L
u
m
Ln
r1
O
J-1
4-
r-,
tA
rt
+.+ w
a) M
I
'a ON
rtf I O
rl O
r Z O
tv ..
V) 41
L V)
Vf 3 M
(V O W
ut V
L
3
O
u
v
0)
V1
•r
r-
� o
a) 0
Vl
�NrlO
v r1 r1 O
O O 00
I 0 0
• rl
0)000
L M
3 ••
Ln aJ t
O L /.J r1
r 3 L-
U
U N O
0 z C
�C r O
U U L- • r
w O 0
t L L. -r
u O L- u
a L W a)
flj L L
M:w a
M
O
M d•
r♦
r1
n r\
O
Ln
O
o
O
O
M
00
r"
n
n
t0
M
M
M
OO
o0
n
M
t0
00
00
a)
t0
L --I Ln
t0
t0
1.0
Ln
p Ln
Ln
Ln
Ln
Ln
N N
N
N
N
N
M r••I
rl
L --I
rl
rl
•
l0
O
rl
Ln t0 +)
O +J
O 4J
O 4J
O 4J
Ln rl 0
• Ln
O V1
a) V)
• V)
N • (Z
Ln rQ
• CO
rt
-;I- (0
rI�Ww
�WOW�Wm
(A 4J
4-J
4-J
1-1
+J
ro 0)
0)
O)
O)
0)
wC
c
c
c
c
0)
0)
0)
0)
0)
J
J
J
J
J
wQowrn3r,wr{3rn
Lnr"r"WLnLnLnoNrIm
r1LnrlML--1MrlONr-
I I 1 1 I
.o rV a) a) a) rV a) r,' O
a)NMctMC14 t 0 M un a)
NI Ln I Ln I Ln I Ln I L
r� Ul Ln O Ln N Ln �n
Le)
0000OOOr-,0000
O r� r� r� r\ t\
a) V) z z Z Ln
Ln .. .. .. .. ..
Ln ..s ..s ..t .••c .. -C
O W +•) 0) 1-+ W d-) W +J W +-1
t\ to L V1 L VI L V) L V) L
L O L O L O L O L O
•• 3 Z 3 z 3 z 3 z 3 Z
s0 O O 0 O
`U U U U U
O
z (J a) a) aJ 0)
C C C C C
•r •r •r •r •r
J J J J J
of
al
L
u
m
Ln
r1
O
J-1
4-
r-,
tA
rt
+.+ w
a) M
I
'a ON
rtf I O
rl O
r Z O
tv ..
V) 41
L V)
Vf 3 M
(V O W
ut V
L
3
O
u
v
0)
V1
•r
r-
� o
a) 0
Vl
�NrlO
v r1 r1 O
O O 00
I 0 0
• rl
0)000
L M
3 ••
Ln aJ t
O L /.J r1
r 3 L-
U
U N O
0 z C
�C r O
U U L- • r
w O 0
t L L. -r
u O L- u
a L W a)
flj L L
M:w a
M
O
M d•
r♦
r1
n r\
O
Ln
M t0
n
r1
O M
M
n
N M
t0
rl
r1 t0
rl Ln
LD
LD Ln
C:) Ln
Ln
Ln Ln
rl N
N
N N
M L --I
rl
L-•1 r♦
rn
Ln t0 4-J Ln }J ri +J r, 1-1
Ln L --I (A 't V) r1 V) t0 V)
rI ri w M W rI W rn W
Ln Ln Ln Ln
-Pt t s s
01J 1-1 1-1 1-1
b m m m O
w e C C C
J J J J
wQowN3r13t0
O r� r� r"
Lnr\MMMItrlr-4
r•I Ln rl r" M 00 N t\
I • I I 1
rbN0)a)a;r�ONO
a) N M ct M o a)Ln a)
N I Ln I Ln I Ln I Ln
N o Ln a) Ln O Ln a) Ln
•0000000000
o P� r� r� r�
a) V) z z Ln
N Ln .. .. .. ..
Ln ..� ..s ..s ..s
O Q) 4-J 0) +J W +•1 W +•1
0) t\vtLv)Lv)LutL
E L O L O L O L O
ra 3z 3Z 3z 3z
C 4J U U U
r L
(1 O
u Z a) a) aJ w
L C C C C
rLY •r •r •r •r
a J J J J
aS
V)
rn
M
r�
N
r>Y
Q)
L
a
a)
M
a)
O
N
L
QJ
+•1
0)
E
•L
Q)
a
+J 3
a)a) 00
CrIN
ro 1 O
N O
r�0
•r N I
ro ..
L �
V) +J
L N
V) 3 ft
IA
L
3
O
u
V)
Q) N ri
V) rlr,
� m C) un
O O N
I O • 00
•O -
0) O 1 a)
L Ln
In 0)s••
O L +.1 r1
r 3 L
U 0 O
O Z C
�C r O
VU L- -r
0) O Ln
S L L. -r
UOL-U
Q. L W QJ
�w (L
r� w a) O
M M a) O
Ln N O cf
rl 00 N O
r\ O O
rl Ln Ln rl
O LD LD t0 tD
O Ln Ln Ln Ln
Or1 r1 rl rl
t" .. .. .. ..
LD r1 +J n +.1 00 4-1 n 1.•1
Ln r1 V1 t0 V) 0 0 (.0 0
r1 r -I W M W ri w M w
Ln M Ln M
4J -r- t s s
0 +.1 a-+ 4-1 4-1
rQ m m 0 m
LU C c c c
Q) Q) (1 Q)
J J J J
wMwrl303r1
Q1 M oO � m rV rl.I-
Ml�rIOOMa)N00
I I I I
Nl�mmmr�ONO
moM.ztmomt-nm
;I- I Ln I Ln I Ln I Ln
000LnMLnOLnMLn
0000000000
m Ln z z v)
MLn .. .. .. ..
Ln ..� ..s .s ..t
O L) 4-J aJ +-J a) +•r Q) 4J
0) N ut L of L In L ut L
E L O L O L O L O
ra 3z 3Z 3z 3Z
C t 0 O O O
+J U U U U
r L-
a)
a) O
u z 0) 0) (1 a)
L C C C C
ro •r •r •r •r
d J J J J
OJ
L
u
x
+-J
to
rl
I
O
rl
Y
V
LU
2
V
w
w
Z)
In
O
J
u
I
H
In
z
O
H
Z
W
00
n
N
M
OJ M
I ri
•O r\ O
c 0
M I O
In O
^O
r O
•r V1 I
b ..
L N
V) 4-J
L V1
0303
41 O w
1n u
L
O
u
4/
LA
•r
r O
O
Ul
N MO
to ri O
Z)r1OM
X00 -
O O to
I O • 0)
•OtD
NO I
L rl
3 ..
In (1) s
O L 1-+ ri
r 3 L-
U
V 1n O
O Z c
-',C r O
U U L •r
Q) O 0
L L L•r
u O L U
IZ L w v
rd L L-
2: LLi
2:w a
LO
It P.
w
O
M
M w
N
M
N
O M
o0
rl
OO
I� tD
M
f�
O
o0 00
r-
O
Ln
w 00
M
In
M tD
LO tD
tD
lD
01 111
Ln to
rn
Ln
O^
ri
H ri
rl
r-1
O
..
..
LA
tD W 4-+
W 1-) O 4-+
M 4-+
r'� 4-)
111 O V1
00 r!1 O Vf
d> v1
tD 0
N • rt
• rd • RT
• rO
• rO
rlrlwrlwOwrlwtDw
Lf)
M rl
cr
1n +-J
4-+ 1-+
4J
a-+
mm
m rn
rn
rn
we
c c
c
c
G1
N
J
J J
J
J
wmwN3Mw4-3L+
MgtwLDLnwomrlr4
Mo0r101rI01riON01
I I 1 I I
r4 0) 01OlNOlrlr4NO
qcllOrnwltm VItom LAM
N I Ln I In I 111 1 In I lf1
010 L101 Ln O Ln N In M Ln
•OOa0000ri0o00
O r�, 1� N N r�
O1 rn Z Z Z VI
� 111 .. .. .. .. ..
tr1 ..t .. C ..s ..� ..�
O CJ 1-) GJ 4-1 C1 1-I N 1••I 0J 1-1
dl I� 0 L V1 L V1 L M L Vf L-
E
E L O L O L O L O L O
fO 3 Z 3 Z 3 Z 3 Z 3 Z
4.1 u u V V V
r S-
o)
G1 O
U Z N GJ G! O! N
L C C C C C
rd•r •r •r •r •r
0• J J J J J
LA
m
+•+ w
CJ Ln
•p Ln
"O NM
CMO
ro 1 M
r♦ O
-t O
r Z O
RJ ..
L QJ
V1 1••r
L to
V1 3 rV
vow
0 V
L
3
O
u
CJ t0
V1 N Ol
DtDqqt -
�ItMID
O O 00
N000
L �
In Q)= . .
O S- 4-J rl
r 3 L
V vl O
O Z C
�L r O
U V L •r
G/ O In
L L L•r
U O L U
OL L w Cl
rd L L
�w a
w
O
N
0
N
O
N
G
O
X Q
V'
O
�
O cz
$. 0 cn .-
O GLS
�N
^O
�
X30
:1
U
p o
cri
.O
v�
G
O C
Z
0
4)
Y N
�'CS
L
O
0
"O
O
N
6�
3
0
°
uc
E
.>
a�
�
�
o
�,20
to
O
O
R
y
c�
N N
cz
a�
'�
•o A, 0
O
O
U
co
M
N
U
on
C
^
.
CQ
F
_N
c
C
�, Z
i
cw
0O0
a� O
a
c
°�D
0E
A `''
ci�
v
r-0
O vOi
L
v
V
�c>o
�o"a
L�;
��
��
�a
s
_Q�ww
03
N
�i
° O
N bU4
CY
�ao�
c�
"�
N
CW/]
U�3 cz,N�
U
y
z•cW
z
z
4"
U
°
a
y U con
a
1. .fl
a
CD 0
cn
w
F.
Lt�E
o�
�;
o
�,
cz
ri " U�
a
r� 3 o
a
N
N
c
a o Q N
�N
00
'C7 N
X30
:1
U
p o
v�
� U d• �1
.�
E
W
City of
']�9rWh6atps'd ie
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave.
October 5, 2015
Seun Phommatha
11773 Gray Street
Westminster, CO 80020
Re: MS -15-03 / Benton Plat — 2nd Review
Dear Mr. Phommatha:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your application for approval of a subdivision plat for property zoned
Mixed Use -Neighborhood (MU -N) and located at 3775 Benton Street. I have reviewed the second
submittal and have the following comments. Please provide the following items on a follow up
submittal.
Include a site data table that includes the total area of the site and area of individual lots, in
square feet and acres.
2. The Party Wall Agreement should be amended in every instance where an easement or
reference to the plat is made. Ensure that the language in the Agreement matches the type of
easement created. For example, the Plat does not have a Driveway Easement, rather it has an
Ingress — Egress Easement. Other comments are provided on a redline version from Public
Works.
Referral Comments
Wheat Ridge Public Works: See attached comments and redlines from Dave Brossman
dated October 2, 2015.
This concludes the summary of comments. For the next review, please provide a response to this
letter, including a response to each item identified above, and resubmit plans in the following
formats:
• One (1) full-size hard copy of the plans
• Digital files of the resubmittal documents in Adobe .pdf format
Please let me know if you have any questions regarding these comments.
Sincerely,
City of
YtOlat Zjdge
PUBLRKS
Memorandum
TO: Lisa Ritchie, Planner 11
FROM: Dave Brossman, Development Review Engineer
DATE: October 2, 2015
SUBJECT: MS-15-03/Senn, 3 -Lot Subdivision Plat
I have completed my second review of the minor subdivision plat to facilitate the construction of
three townhomes at 3775 Benton Street received on September 25, 2015, and I have the
following comments:
Final Plat
1. The square footage of the platted boundary must agree between the Owner's
Certification and the Legal Description.
2. Please modify the bearing in the Basis of Bearings statement (Note 6) from SE to
NW to correspond to the bearing line and the Legal Description verbiage.
3. Please identify the north line of the NE'/4 of Section 5 as being the "Basis of
Bearing".
4. The north line of Lot 1, Cadence Subdivision is incorrectly identified as the "West
Line". And part of the text is apparently masked in AutoCAD so it's not visible.
5. Need to show the boundary of the PICP detention area (maybe use a very light
hatch pattern to delineate from the ingress -egress easement), and identify the area
as "STORMWATER DRAINAGE EASEMENT" to correspond to Note 12.
6. Please show the lot lines as "HEREBY CREATED BY THIS PLAT". This is
specific language required by the City Attorney.
CC: Steve Nguyen, Engineering Manager
Mark Van Nattan, Engineering Technician
File
Seun Subdivision Review-2.Itr.docx
}
} 0.
o9
MNY
9 'lP OIa3Hs
817
ftlpff
r.:�f , °�49• 1 ---jam `�� Y Re Y �!
gtP p ic-
/J3aaZ az
N) z k a 0 - } \ 10
W
FRl 3 �
LLJ
1_ z
1 b 1
Wa
~ m's 9 a �'�s�: <; d �. .ar[°o9 H 1 � m � °A p9 • C b � � � ' � � �� 8"�
j
O O s � •biP i a a=z fn 'i p` i ga Ag tf >i� vp
Z 3 Rs
.° v+ �� ;�•p di P b P YYY `yc=3t$r • ®x B
W tYF tP . 3 �b a� tp•�� fid:
p pp YY ap¢ ug 1- i
� °
<
W W V — ___~ _
s ----- L
Q Z lJ3a 3 ,91,CL00 5 _ >�
Q 3C ry tl 3 ,s I,ZL00 s ('33a 3 91,CL00 s) a '33a 3 ,9 t,CL00 s� � i�a• ----- °
z Z OM ('33a ,00'or) 'rvv 3 .91.ZL00 s e4 gs�s3'�S -rv'V 3 _Sl,LL00 s -
O d rv'r ,B['6f 33tl .19.10 'rv'V J9'.IZ 'p gL'Ryf 33tl v -rv'V ,9
77 ••g 33 ( bS 3 s' 6 iii:
p a°3 -b7 s Y bm d as tb: •, o�
(n om 0
�, g � sawD at °�
a �(
m Z= v .Y a. Gbh s A a4 `b.. `t Ry�i i A y� AXI Y b
3�etl i• b i9 i a eq 8 Fez Fig 3 � g g�E If EIc F i
O t, ga3' �•} ■5 y�'b e A ��1+ asaa
z " ~ AS A9 "� '� bF g�b f i'gb e k tl
N 133x15 NYIaVH ! ` �C 9tl
S uq
�b ig rr, $� b �f t ae y M tl agC a
N $�ey�$ 'F� F�°1�3ob 2wel i i} y eig 3 3 a
§ : e yg 6 :Fp$ ; ��. b^� 5u� " CEO z8 'a3� �3ysdPe� g KIM,
� o 9M1 �f y5.xe ' 8 j t 83y' wi lii i°, _ 'Ntly r a s 8 b '
gp + b a r' a ° a pp 3�"F b
OZ �9i ` #Yq {dgy o g"2 ; a A B ° °gkekh iiEN1 ; gq� " p,Ep geg .7�' RF Q iF b
k S yyWN,
pppill!
i p §
���� �b ��$ b•-! 6YZY F� ia Yr k�$ sF_
pY gg pgqgqor. aa
(n W Afo .'y4o" *+13 .sX Q�k >SF �9 9bbin< b�i� Y X c f:gBNF {afbnYf
O 4b 3 f 33 ar�yF LS� a��5}pY
„ �� .F3t�Eh4a3 "�84ea .$ .ds3' 9: _36 sSa�Pi B$Hi
V) W
W Z
O
Q = ¢ iiPgbF F brgi $ e
p Rp f„ b �f ti Eb�yy InKe R T @ it
i
agR
J Qg sR tv
ilgh;i§ ?i a
1$53@1 jj yysQ� �§f b,
f nb b"f d'e a�Ef
s
is 'a i�ag'Kx3@� II3j s$
a
b b u q� e$ Ga R
$$ gN � b�mill.;
b qb Ip
_ $ 9` j C
w
�a�p �h�y 3
' yFg„o71
•1�gb
3 •'Sbhae�b7o� obya a b Bg �. a z a a 9 8 t
bg a.,�d by 03 4 EIM ; a
September 23, 2015
Lisa Ritchie,
Planner II
City of Wheat Ridge
Municipal building
7500 West 29`'' Avenue
Wheat Ridge, Colorado 80033-8001
Re: MS -15-03 / Benton Plat — 1st Review
This letter is in regard to your comments for the subdivision plat for property zoned Mixed
Use -Neighborhood (MU -N) and located at 3775 Benton Street. The following is our response
to your comments.
Survey Related Comments
1. Include the zoning for adjacent properties: a. Lot 1B, Weg's Subdivision, Zoned MU -N.
b. Lot 2 and Lot 3, Weg's Subdivision. Zoned R-1 B
c. Lot 12, Case Subdivision, Zoned R-3
d. Lot 12 and Lot 13C, Lancaster, Zoned R -1A
e. Lot 13B, Lancaster, Zoned C-1
f. Lot 13A, Lancaster, Zoned MU -N
g. Lot 1, Cadence Subdivision Amend. 1, Zoned MU -N
RESPONSE: The zoning for the items above have been added to the plat.
2. Add the addresses under each lot on the Plat. Lot 2A is 3775 Benton St., Lot 2B is 3785
Benton St., and Lot 2C is 3795 Benton St.
RESPONSE: The addresses for each lot has been added to the plat.
3. Correct typos in the Owner's Certificate block: a. Line 4, should read "Jefferson"
b. Line 10, should read "Systems"
RESPONSE: The typos in the Owner's Certificate have been corrected.
4. Include a site data table that includes the total area of the site and area of individual lots, in
square feet and acres.
RESPONSE: The area and addresses for each lot have been placed within the lot, a
separate table might not be necessary.
5. Include a case history box with the following related cases: a. WSP-15-02, WZ-12-09,
MS -06-03.
RESPONSE: a case history box has been added to the plat with the above cases added
to it.
6. Correct the sheet margins to 2" on the left, 1" on the top, and 1/2" on each side.
RESPONSE: The margins have been corrected and should appear on the final mylars
correctly.
7. Remove the Planning Commission Certification block.
RESPONSE: The Planning Commission Certification block has been removed.
8. Include the following Note: "LOT 2A, 2B AND 2C MAY ONLY BE DEVELOPED AS
ATTACHED TOWNHOMES."
RESPONSE: The above note has been added to the plat.
9. Add the following language for an Ingress/Egress easement: "THE OWNER, HIS
SUCCESSORS AND ASSIGNS HEREBY GRANTS LIMITED RIGHTS AND
PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS
INDICATED AS `INGRESS -EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS
PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS,
TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL
FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID
EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY
RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM
ABUTTING PUBLIC STREETS."
RESPONSE: The above note has been added to the plat.
10. Add the following language for a Stormwater Drainage easement: "THE
STORMWATER DETENTION AND WATER QUALITY AREA(S) SHOWN HEREIN AS
A "STORMWATER DRAINAGE EASEMENT' SHALL BE MAINTAINED BY THE
OWNERS, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND
ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS
NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE
THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE
COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO
PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE
STORMWATER DRAINAGE EASEMENT AND NO CHANGES OR ALTERATIONS
AFFECTING THE HYDRAULIC CHARACTERISTICS OF SAID STORMWATER
QUALITY AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR
OF PUBLIC WORKS."
RESPONSE: The above note has been added to the plat.
Referral Comments
Wheat Ridge Public Works: See attached comments and redlines from Dave Brossman dated
September 17, 2015.
RESPONSE: The comments have been addressed. See attached.
Wheat Ridge Fire District: No comments
Wheat Ridge Water District. No comments received.
Wheat Ridge Sanitation District: No comments received.
Xcel Energy: See attached comments from Donna George dated September 18, 2015.
Century Link: No comments received.
Comcast Cable: No comments received
Wheat Ridge Building Division: No comments received.
This concludes the summary of comments. For the next review, please provide a response to
this letter, including a response to each item identified above, and resubmit plans in the
following formats:
• One (1) full-size hard copy of the plans
• Digital files of the resubmittal documents in Adobe .pdf format
RESPONSE: See attached.
Sincerely
Robert D. Thomas PE
Chessnoe and Associates
4101 East Wesley Avenue, Suite #2
Denver, CO 80222
Phone: 303-722-3267
Email: chessnoedenver@comcast.net
September 23, 2015
Dave Brossman
Development Review Engineer,
City of Wheat Ridge
Municipal building
7500 West 29"' Avenue
Wheat Ridge, Colorado 80033-8001
Re: MS -15-03 / Benton Plat — I �t Review
This letter is in regard to your comments for the subdivision plat for property zoned Mixed Use -
Neighborhood (MU -N) and located at 3775 Benton Street. The following is our response to your
comments.
Final Plat
1. There are currently I l different subdivisions on file at the Jefferson County Clerk & Recorders Office
that include the name "Benton" in the title. I suggest renaming this plat to the "Seun Subdivision".
RESPONSE: The name has been revised to SEUN SUBDIVISION.
2. In the Legal Description: a. Jefferson County is misspelled in the second paragraph
RESPONSE: The typos have been corrected.
b. All subdivisions within the City of Wheat Ridge must include a metes and bounds portion in the Legal
Description. Please include a "more particularly described as" metes and bounds in addition to the "Lot 2,
Cadence Subdivision Amendment No. 1" portion to satisfy this requirement.
RESPONSE: A meets and bounds legal has been added.
c. If Seun is to become the title of this subdivision, please change the name in the third paragraph to "Seun
Subdivision". The same comment goes for the Surveyor's Certificate.
RESPONSE: The name has been changed.
d. In the second to last line of the third paragraph the word "systems" is misspelled.
RESPONSE: The typo has been corrected.
3. 1 don't believe this plat will need to go before the Planning Commission. As such I believe the Planning
Commission block can be removed as this may be an Administrative Review only. Please check with Lisa
Ritchie at 303.235.2852.
RESPONSE: The Planning Commission block has been remove per Lisa's comments.
4. Please add the following two Notes:
"8. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED
MODIFIED FORM OF THE NAD83/92 (HARN) STATE PLANE COORDINATE SYSTEM,
COLORADO CENTRAL ZONE 0502."
RESPONSE: The note has been added.
-9. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE
POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE
FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC I - Northing: 1701258.75; Easting:
3118217.58; Elevation: 5471.62."
RESPONSE: The note has been added.
5. Need to identify both of the Found Pins located at the NW corner of Lot 1, Cadence Subdivision
Amendment No. 1.
RESPONSE: The Found pins have been identified.
6. There are several lines shown that need to be identified as "Lot Lines".
RESPONSE: The lot lines have been labeled.
7. Please show the 5' Utility Easement adjacent to the subject property on the west, and also extend the 5'
Utility Easement lying within the subject property to the north into Lot 1, Cadence Subdivision
Amendment No. 1. (Refer to the redlined plat as necessary).
RESPONSE: The utility easement has been shown to the west and the east easement line extended
8. Show the new lot lines as "LOT LINES HEREBY CREATED BY THIS PLAT'
RESPONSE: The new lot lines are so noted.
9. The Easement and Lot Line linetypes appear to be the same. Please modify one or both of these to be
distinguishable from one another.
RESPONSE: The linetypes have been modified.
10. In the Legend: a. Modify the description of the Record info to "AS RECORDED BEARING OR
DISTANCE per PLAT OR DEED%
RESPONSE: The call out has been revised.
b. Need to add a Section Corner symbol to the Legend.
RESPONSE: The sysmol has been added to the legend.
c. Need to add the following linetypes:
i. SECTION LINE
ii. BOUNDARY LINE
iii. CENTERLINE
iv. EASEMENT LINE
v. ROW LINE
vi. EXISTING LOT LINE
vii. PROPOSED LOT LINE
RESPONSE: The above have been added to the legend.
11. Need to provide a ten (10) foot -wide Ingress -Egress Easement along the northerly side to allow (legal)
access from the public street to Lots 2B and C. The easement should be located three (3) feet south of the
north property line. This will not only center it between the proposed building and the property boundary,
but will keep the structural supports along the northerly property line outside of the easement.
RESPONSE: The 10 foot easement has been added to the plat.
12. Need to add a Case History Box and include the current Case No.
RESPONSE: The Case History Box has been added.
13. There are numerous typographical errors. Please see the redlined plat for the various locations.
RESPONSE: The typos have been corrected.
14. Need to show all zoning, both on-site and for adjoining properties.
RESPONSE: The zoning for the above have been added to the plat.
15. Add a "Date of Preparation' and complete the "Dates of Revision'.
RESPONSE: The Date of Preparation has been added to the plat.
Sincerely
Robert D. Thomas PE
Chessnoe and Associates
4101 East Wesley Avenue, Suite #2
Denver, CO 80222
Phone: 303-722-3267
Email: chessnoedenver@comcast.net
Indexing note:
Index in the grantee's index under "3775 Benton Street" (the name of the Community) and in the
grantor's index under "Dumindu & Seun Realty, LLC" and the name of each person executing
this declaration. There is no Association name to index this under.
3775 Benton Street
Party Wall Agreement
And
Declaration
TABLE OF CONTENTS
ARTICLE 1. SUBMISSION/DEFINITIONS/UNIT DESCRIPTIONS..............................................................................1
SECTION 1.1 SUBMISSION OF REAL ESTATE.....................................................................................................................1
SECTION 1.2 EXEMPTION FROM CCIOA.........................................................................................................................2
SECTION1.3 DEFINEDTERMS......................................................................................................................................2
SECTION 1.4 IDENTIFICATION OF LOTS/LOT DESCRIPTIONS................................................................................................3
ARTICLE 2. NAMES/DESCRIPTIONS OF REAL ESTATE/EASEMENTS......................................................................3
SECTION 2.1
NAME AND TYPE AND MAXIMUM NUMBER OF LOTS OR UNITS.........................................................................3
SECTION2.2
REAL ESTATE...........................................................................................................................................3
SECTION2.3
No HOA...............................................................................................................................................3
SECTION 2.4
UTILITY RESERVATIONS.............................................................................................................................3
SECTION 2.5
UTILITY, MAP AND PLAT EASEMENTS...........................................................................................................4
SECTION 2.6
ACCESS EASEMENT ON THE DRIVEWAY EASEMENT/DRIVE AISLE.......................................................................4
SECTION 2.7
EASEMENTS FOR THE UNIT OWNERS............................................................................................................5
SECTION 2.8
EMERGENCY EASEMENTS...........................................................................................................................5
SECTION2.9
MECHANICS LIENS..................................................................................................................................5
SECTION 2.10
SQUARE FOOTAGE OF HOMES....................................................................................................................5
ARTICLE 3. MAINTENANCE RESPONSIBILITIES.....................................................................................................5
SECTION 3.1 MAINTENANCE BY THE OWNERS GENERALLY.................................................................................................5
SECTION 3.3 ALLOCATION OF WATER AND SEWER COSTS..................................................................................................6
SECTION 3.4 LANDSCAPE MAINTENANCE.......................................................................................................................6
SECTION 3.5 TRASH SERVICE OF EACH OWNER................................................................................................................6
SECTION 3.6 MAINTENANCE DUE TO DAMAGES, NEGLIGENCE OR INTENTIONAL ACTS............................................................6
SECTION 3.7 ALLOCATION OF COMMON SEWER COSTS.....................................................................................................6
SECTION 3.8 FACADE OR BUILDING EXTERIOR MAINTENANCE............................................................................................7
SECTION3.9 HOA AS AN OPTION.................................................................................................................................7
SECTION 3.10 CITY OF WHEAT RIDGE IS NOT RESPONSIBLE FOR MAINTENANCE.......................................................................7
ARTICLE4. PARTY WALLS.................................................................................................................................... 7
SECTION 4.1
GENERAL RULES OF LAW TO APPLY.............................................................................................................7
SECTION 4.2
SHARING OF REPAIR AND MAINTENANCE......................................................................................................7
SECTION 4.3
DESTRUCTION BY FIRE OR OTHER CASUALTY
.................................................................................................7
SECTION 4.4
LIABILITY FOR NEGLIGENCE........................................................................................................................8
SECTION 4.5
RIGHT TO CONTRIBUTION RUNS WITH LAND.................................................................................................8
SECTION4.6
DISPUTE RESOLUTION...............................................................................................................................8
SECTION 4.7
EASEMENT FOR COMMON AND PARTY WALLS...............................................................................................8
ARTICLE 5. USE RESTRICTIONS AND RESTRICTIVE COVENANTS...........................................................................8
SECTION 5.1
FLEXIBLE APPLICATION OF THESE COVENANTS AND RESTRICTIONS.....................................................................8
SECTION 5.2
AUTHORITY/APPLICATION OF THESE USE RESTRICTIONS..................................................................................8
SECTION 5.3
RESIDENTIAL DWELLING USE......................................................................................................................8
SECTION 5.4
GENERAL USE AND OCCUPANCY RESTRICTIONS..............................................................................................8
SECTION5.5
HOME OCCUPATIONS...............................................................................................................................8
SECTION 5.6
EXTERIOR OR LANDSCAPE ALTERATIONS........................................................................................................9
SECTION 5.7
ADVERTISING RESTRICTIONS.......................................................................................................................9
SECTION5.8
NUISANCES.............................................................................................................................................9
SECTION 5.9
No HAZARDOUS ACTIVITIES .......................................................................................................................9
SECTION 5.10
COMPLIANCE WITH GOVERNING DOCUMENTS...............................................................................................9
ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS.........................................................................9
SECTION 6.1
CREATION OF LIEN AND PERSONAL OBLIGATION TO PAY DRIVEWAY EXPENSES.....................................................9
ARTICLE7. INSURANCE.....................................................................................................................................11
SECTION 7.1
INSURANCE OBTAINED BY OWNERS...........................................................................................................11
SECTION7.2
DUTY TO REPAIR....................................................................................................................................11
ARTICLE 8. ALTERNATIVE DISPUTE RESOLUTION OF CONSTRUCTION DEFECTS AND ANY CLAIMS AGAINST THE
DECLARANTOR ITS CONTRACTORS......................................................................................................................12
SECTION8.1
PURPOSE
..............................................................................................................................................12
SECTION8.2
EXCLUDED DISPUTES
..............................................................................................................................ZZ
SECTION 8.3
LAWSUITS OR ACTIONS BY ANY OWNER OR ANY OTHER PARTY........................................................................12
SECTION 8.4
DIRECT COMMUNICATION
.......................................................................................................................12
SECTION8.5
MEDIATION..........................................................................................................................................12
SECTION 8.6
ARBITRATION REQUIRED ON EXCLUDED CLAIMS...........................................................................................12
SECTION8.7
LOCATION............................................................................................................................................12
SECTION 8.8
ARBITRATION PROCEDURE
.......................................................................................................................12
SECTION 8.9
BINDING NATURE; APPLICABLE LAW..........................................................................................................13
SECTION 8.10
SOLE REMEDY WAIVER OF JUDICIAL RIGHTS................................................................................................13
SECTION8.11
RESTRICTIONS.......................................................................................................................................13
SECTION 8.12
PAYMENT OF EXPENSES UNDER THIS ARTICLE..............................................................................................13
SECTION 8.13
AMENDMENT OF THIS ARTICLE.................................................................................................................14
ARTICLE 9. MISCELLANEOUS
AND GENERAL PROVISIONS.................................................................................14
SECTION 9.1 COMPLIANCE AND ENFORCEMENT.............................................................................................................14
SECTION9.2 TERM OF DECLARATION ............................... ........................................................................................... 14
SECTION9.3 COVENANTS TO RUN..............................................................................................................................14
SECTION9.4 ATTORNEY FEES.....................................................................................................................................14
SECTION9.5 TERMINATION.......................................................................................................................................14
SECTION 9.6 AMENDMENT OF DECLARATION BY OWNERS...............................................................................................14
SECTION 9.7 CONDEMNATION AND CASUALTY INSURANCE ALLOCATIONS AND DISTRIBUTIONS...............................................14
SECTION9.8 INTERPRETATION...................................................................................................................................15
SECTION 9.9 SINGULAR INCLUDES THE PLURAL..............................................................................................................15
SECTION9.10 CAPTIONS.............................................................................................................................................15
SECTION9.11 NON-WAIVER.......................................................................................................................................15
SECTION 9.12 CHALLENGE TO AN AMENDMENT..............................................................................................................15
SECTION9.13 SEVERABILITY........................................................................................................................................15
EXHIBIT A: DESCRIPTION OF REAL ESTATE.......................................................................................................................16
3775 Benton Street
Party Wall Agreement
And
Declaration
This Party Wall Agreement and Declaration ("Declaration") is made by Dumindu & Seun
Realty, LLC, a Colorado Limited Liability Company as "Declarant" and is effective upon recording.
RECITALS
A. Declarant is the owner of all real estate in the County of Jefferson, State of Colorado,
which is described as set forth in Exhibit A and which is defined in this Declaration as the "Real
Estate."
B. Declarant desires to create the "3775 Benton Street" planned community
("Community"), through this Declaration along with the Plat (as defined below), as recorded or to
be with the Clerk and Recorder of the County of Jefferson, State of Colorado, pursuant to which
the Real Estate will consist of 3 separate portions of the Real Estate (defined as "Lots") as
described in the recorded Plat.
C. By virtue of this Declaration and the Plat, the Real Estate described in Exhibit A is
designated for separate ownership and uses as allowed by local subdivision and zoning.
NOW, THEREFORE, the Declarant establishes the following covenants, servitudes,
easements and restrictions and as set forth in the Plat and any Map recorded on the Real Estate.
Article 1. Submission/Definitions/Unit Descriptions
Section 1.1 Submission of Real Estate.
(a) Declarant declares that all of the Real Estate shall be held or sold,
and conveyed subject to the easements, restrictions, covenants and conditions of this
Declaration.
(b) The Declarant submits the Real Estate described in Exhibit A, all
easements, rights and appurtenances thereto, the buildings and improvements currently erected
on the Lots, to the terms and conditions of this Declaration.
(c) Declarant declares that this Declaration is made for the purpose of
protecting the value and desirability of the Real Estate, that this Declaration shall run with the
Real Estate and shall be binding on all parties having any right, title or interest in the Real
Estate or any part of the Real Estate, their heirs, legal representatives, successors and assigns
and shall inure to the benefit of each Unit Owner.
Section 1.2 Exemption from CCIOA. As a planned community with 3 units, the
Declarant declares that the Community, the Real Estate, the Lots and the Owners are exempt
from and not subject to the Colorado Common Interest Ownership Act.
Section 1.3 Defined Terms. Each capitalized term in this Declaration shall have
the meaning as defined in this Declaration or as the context requires otherwise:
(a) "Agency" or "Agencies" means any generally recognized
secondary mortgage market agency or entity, including, but not limited to, the Federal National
Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC or
Freddie -Mac), the Governmental National Mortgage Association (GNMA), the Federal
Department of Housing and Urban Development (HUD or FHA) or the Veterans Administration
(VA).
(b) "Community" shall mean the planned community created by this
Declaration, as amended from time to time, consisting of the Real Estate and any improvements
constructed on the Real Estate.
(c) "Home" or "House" shall mean the residential dwelling
improvement constructed on a Lot which is designed and intended for use and occupancy as a
residence by a single family.
(d) "Declarant' means the Declarant named in this Declaration, and
any successor and/or assignee designated by written notice of assignment executed by
Declarant and by the transferee and recorded, to the extent any rights or powers reserved to
Declarant are transferred or assigned to such transferee.
(e) "Lot' or "Unit' means a physical portion of the Community,
designated for separate ownership, shown as a Lot on the recorded Plat for the Community, the
boundaries of which are defined in the Plat and in this Declaration.
(f) "Map" shall mean and refer to the map(s) of the Real Estate and
improvements, if any, recorded by Declarant in the records of the Office of the Clerk and
Recorder of the County of Jefferson, State of Colorado. More than one Map or supplement
thereto may be recorded, and, if so, then the term "Map" shall collectively mean and refer to all
of such maps, plats and supplements.
(g) "Plat' shall mean and refer to the Plat(s) of the Real Estate and
improvements that are subject to this Declaration and which are designated in the Plat recorded
in the records of the Office of the Clerk and Recorder of the County of Jefferson, State of
Colorado. More than one Plat or supplement thereto may be recorded, and, if so, then the term
"Plat" shall collectively mean and refer to all of such plats and supplements.
(h) "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the Real Estate,
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
E
(i) "Real Estate" means the property described in Exhibit A, as that
exhibit may be modified by supplement or amendment of this Declaration, and such additional
easements as may be subsequently added, pursuant to the rights reserved in this Declaration, if
any, together with all easements, rights, and appurtenances thereto and the buildings and
improvements erected. All easements and licenses which the Community is subject to as of the
date of this Declaration are recited in Exhibit A, as that exhibit may be modified by supplement
or amendment, from time to time.
Section 1.4 Identification of Lots/Lot Descriptions. The identification of each Lot
is shown on the Plat. Every contract for sale, deed, lease, security interest, will or other legal
instrument shall legally describe a Lot by its identifying unit number or letter, followed by the
name of the Community, with reference to the Plat and the Declaration.
Section 1.5 Declaration, Plat and Map. Reference to the Declaration, Plat
and/or Map in any instrument shall be deemed to include any supplement(s) or amendment(s)
without specific references.
Article 2. Names/Descriptions of Real Estate/Easements
Section 2.1 Name and Type and Maximum Number of Lots or Units. The name
of the Planned Community is "3775 Benton Street." The type of Common Interest Community
is a Planned Community. The maximum number of Lots or Units in the Community is 3. The
Community, the Real Estate, the Lots and the Owners are exempt from the Colorado
Common Interest Ownership Act.
Section 2.2 Real Estate. The Community is located in the County of Jefferson,
State of Colorado. The Real Estate of the Community is described in Exhibit A and/or as is
consistent with the common scheme and plan for the creation and operation of the
Community. Easements for utilities and other purposes over and across the Lots may be as
shown upon a recorded Plat and/or on any recorded Map of the Community, and as may be
established pursuant to the provisions of this Declaration, or granted by authority reserved in
any recorded document.
Section 2.3 No HOA.
(a) The Community and Real Estate is not subject to a homeowners
association or HOA.
(b) Owners are not members of an HOA until and unless this
Declaration is amended to allow for an HOA as more fully provided in other parts of this
Declaration.
Section 2.4 Utility Reservations.
(a) Declarant creates and reserves to itself, until Declarant has sold
the last Unit created by Declarant to an Owner other than Declarant, which shall thereafter pass
to the Owners, collectively (subject to amendment as allowed for amendments of this
Declaration) a blanket easement.
(b) This blanket easement is upon, across, over and under the Real
Estate, the Community and the Units for access, utilities, drainage and the installation,
3
replacement, repair and maintenance of utilities, including but not limited to water, sewer, waste
water treatment and effluent irrigation systems, gas, telephone and other telecommunications
systems, electricity, heat and cooling systems, and master television and satellite antenna or
cable systems, and any other utility systems as may be desired or provided (collectively, "Utility
Systems").
(c) By virtue of this blanket easement, it shall be expressly
permissible for Declarant, and thereafter the Owners after the Declarant has sold the last Unit to
an Owner other than Declarant, to erect and maintain the necessary facilities, equipment and
appurtenances on the Real Estate. This reserved right includes the right to affix, repair, and
maintain landscaping, fencing, water, treated waste water, effluent irrigation and sewer pipes,
gas, electric, heat and cooling facilities, telephone and other telecommunications facilities,
telephone and television wires, circuits, conduits and meters, and any other improvements or
facilities appurtenant or relating to the Utility Systems.
(d) If any utility or quasi -utility company furnishing a service covered
by the general easement created or allowed under this section of this Declaration herein
requests a specific easement, a separate right and authority to grant such easement upon,
across, over or under any part or all of the Real Estate is reserved, provided the easement
granted does not conflict with the terms of this Declaration.
(e) The easement provided for in this Section shall in no way affect,
avoid, extinguish or modify any other recorded easement on the Real Estate.
(f) Any damage to any improvement caused by Declarant, an Owner
or the Owners operating collectively in exercising its rights under this Section will be repaired
promptly by that party or parties. The foregoing, however, shall not be deemed to render the
Declarant liable for any damage caused by any third party, including, without limitation, any
utility company.
Section 2.5 Utility, Map and Plat Easements. Easements for utilities and other
purposes over and across the Lots or Units may be as shown upon a recorded Plat and on the
recorded Map of the Community, and as may be established pursuant to the provisions of this
Declaration, or granted by authority reserved in any recorded document. The Declarant may
grant utility easements through Lots or Units, or on an equitable basis.
Section 2.6 Access Easement on the Driveway Easement/Drive Aisle.
(a) Every Owner has a right and easement for pedestrian and
vehicular access to their Lot and of enjoyment in and to their appurtenant sidewalk and a drive
aisle/driveway easement (as shown on the Plat), in favor of each Owner, the occupants of a
Home and guests.
(b) This easement is appurtenant to and passes with the title to every
Lot, subject to the following provisions:
(i) The right of 2 Owners to promulgate and publish Rules
with which each Owner and their occupants or guests must strictly comply.
(ii) The right of the Owner responsible for maintenance of the
driveway to close or limit the use while maintaining, repairing and making replacements.
CI
(iii) No obstruction or parking may occur in the driveway.
Section 2.7 Easements for the Unit Owners. Each Lot or Unit shall be subject to
an easement in favor of each Owner to allow for their performance of obligations as may be
established in this Declaration. On exercising this easement right, the party exercising the
right shall be responsible for any resulting damages, and a lien therefore is authorized and
established against that party's Real Estate, pursuant to this Declaration.
Section 2.8 Emergency Easements. A nonexclusive easement for ingress and
egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar
emergency agencies or persons, now or hereafter servicing the Community, to enter upon any
part of the Community in the performance of their duties.
Section 2.9 Mechanic's Liens. No labor performed and/or materials furnished
for use and incorporated into any Lot with the consent or at the request of the Owner thereof,
his agent, contractor, or subcontractor, shall be the basis for the filing of a lien against the Lot
of the other Owner unless the Owner has expressly consented to or requested the same.
Each Owner shall indemnify and hold harmless the other Owner from and against any liability
or loss arising from the claim of any mechanic's lien against the Lot of any other Owner, or
any part thereof, for labor performed and/or materials furnished in work on the first Owner's
Lot.
Section 2.10 Square Footage of Homes.
(a) Declarant has previously disclosed, and discloses again, that
there are a number of methods of calculating the square footage of a Home, and that the basis
used, if any, to determine the purchase price of a Home, or the lease terms of the rental of a
Home, may be based on a method different than the formula for the allocation of interests as set
forth in this Declaration.
(b) The Owner of the Home, or the tenant of that Home,
acknowledges the Declarant's prior disclosure, and also acknowledges this disclosure and
agrees to and consents to the method, if any, so utilized to determine the purchase price of a
Home or the lease terms for the rental of a Home.
(c) Declarant does not warrant the accuracy of any prior estimate or
calculation of the square footage of a Home, regardless of method utilized.
(d) Each Owner and tenant acknowledges that the actual square
footage of a Home, upon completion, will vary from prior estimates and calculations.
Article 3. Maintenance Responsibilities
Section 3.1 Maintenance by the Owners Generally. Each Owner has the
obligation to maintain, keep in good repair, replace, as necessary, and improve, as deemed
appropriate, all portions of his or her Lot and Unit, including the Home and all improvements
made to the Lot and Unit, except as provided in this Declaration. Each party wall shall be
maintained jointly, as provided for in this Declaration.
Section 3.2 Maintenance of Drive Aisle. The Owner of Lot 2A has the obligation
to maintain, keep in good repair, replace, as necessary, and improve (as deemed
5
appropriate), the driveway easement and Drive Aisle that serves these Lots. The driveway
easement is described and may be shown on the Plat or Map.
Section 3.3 Allocation of Water and Sewer Costs.
(a) One common domestic water line provides water to all three Lots.
This water line also serves irrigation purposes for these Lots. Each Lot which benefits from that
water line is responsible for 1/3 of the expense of maintaining and repairing the water line that
serves those Lots and for 1/3 of or the sub -metered costs of water services from that line, if sub -
metering is ever provided.
(b) Water and sewer charges are assessed periodically based off
water usage via the water company and shall be handled as set forth above for water. An
annual bill tied to each water and/or sewer tap shall be handled according to the above.
Shared utility lines and equipment may serve more than one Lot. All expenses and liabilities for
the repair, maintenance and upgrade of utility or service connections or lines, facilities or other
utility equipment which are used to supply a service or utility to more than one Lot shall be
shared proportionately by the Owners sharing such utility lines and equipment, provided
however, that any expense or liability caused through the negligence or willful act of any Owner,
his family, agents or invitees, shall be borne solely by such Owner.
Section 3.4 Landscape Maintenance. Landscape maintenance on all 3 Lots is
to be provided by the Owner of Lot 2A. This includes maintenance, repair, replacement and
improvement of landscape turf, vegetation, shrubs and trees, including mowing, fertilization,
pesticide treatment and irrigation. Each Lot is responsible for 1 /3rd of these expenses.
Section 3.5 Trash Service of Each Owner.
(a) If trash services are provided by the local city or other
governmental jurisdiction without cost, each Owner must place their trash, in acceptable
containers (as required by the City or other governmental jurisdiction) in areas designated on
any Map or as separately designated by the Declarant. If trash services are not so provided,
each Owner is to separately contract for those services.
(b) Trash may only be put out of a Home by the residents the day
before service. Acceptable, clean and appropriate containers must be used. Containers of
each resident must be returned to the interior of the applicable Home on the day that trash
service is provided.
Section 3.6 Maintenance Due to Damages Negligence or Intentional Acts. Any
maintenance or repair performed on or to a Unit, or the driveway easement / drive aisle or
landscaped areas of a Lot and the costs related thereto, which is the result of the willful or
negligent act of another Owner, or Occupant or their family, guests, lessees, or invitees, shall
be the responsibility of the other Owner. If negligence or a willful act cannot reasonably be
determined by 2 of 3 owners, the costs shall be shared equally, as assessed by the Owner of
Lot 2A, who is then authorized to make the appropriate repairs, replacement or improvement.
Section 3.7 Allocation of Common Sewer Costs.
9
(a) All common sewer costs, as provided for above, are to be borne
equally by all 3 owners. The Owner of Lot 2A (as authorized above), or the Owner of the Lot
who administers or supervises those services may assess the other 2 Owners to bel/3 of the
costs of providing these services. Each Owner of those Lots have the obligation to pay (and in
the case of the administering or supervising Owner, to "bear") their 1/3 rd share, within 30 days of
invoicing.
Section 3.8 Facade or Building Exterior Maintenance. All 3 Unit Owners may,
by a vote of at least 2 Owners, determine and designate one Owner is authorized to
administer or supervise exterior maintenance and/or party wall maintenance services at such
cost and/or estimated cost as determined. Those costs are allocated equally. The Owner
who administers or supervises these services may assess each Owner of the Lots for 1/3`d of
these costs. Each Owner has the obligation to pay (in the case of the administering or
supervising Owner, to "bear") their 1/3rd share, within 30 days of invoicing.
Section 3.9 HOA as an option. The Owners of the Lots, by affirmative vote of at
least 7 Owners, may form a homeowners association or HOA, as a nonprofit or other entity, to
provide some or all of the services allowed for in this Article of this Declaration or as approved
by at least 7 Owners. If determined by those 7 Owners, the HOA may be obligated to also
provide maintenance, repair, replacement and improvement of the exteriors of the Homes on
the Lots. In the event an HOA is formed, this Declaration is to be amended to reflect the
HOA, to reflect any changes in maintenance allocations and to reflect and changes in
allocations of costs. Articles of incorporation, bylaws and governance policies may also be
approved and adopted with the vote of 7 Owners.
Section 3.10 City of Wheat Ridge is not responsible for Maintenance. The Real
Estate and each Lot are privately owned and as such, are not the maintenance responsibility
of the City of Wheat Ridge. The City would only be responsible for maintenance as an Owner,
if it acquired Title on one or more of the Lots.
Article 4. Party Walls
Section 4.1 General Rules of Law to Apply. Any wall or fence built and placed
on the dividing line between Lots shall constitute a party wall. To the extent not inconsistent
with the provisions of this Article, the general rules of law regarding party walls and liability for
property damage due to negligence or willful acts or omissions apply.
Section 4.2 Sharing of Repair and Maintenance. The cost of reasonable repair,
replacement and maintenance of the party wall is shared by the Owners who make use of the
wall and/or fence in equal proportions, unless or until this Declaration is amended.
Section 4.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or
damaged by fire or other casualty, then, to the extent that such damage is not covered by
insurance and repaired out of the proceeds of same, any Owner who has used the wall and/or
fence, as applicable, may restore it, and if the other Owners thereafter make use of the wall
and/or fence, they shall contribute to the cost of restoration thereof in equal proportions
without prejudice, however, subject to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability for negligent or willful acts
or omissions.
7
Section 4.4 Liability for Negligence. To the extent that damage is not covered
and paid by the insurance, an Owner who by his negligent or willful act causes the party wall
to be exposed to the elements or to be damaged shall bear the whole cost of furnishing the
necessary protection of the party wall against such elements and damages as a result of
failure to do so.
Section 4.5 Right to Contribution Runs with Land. The right of any Owner to
contribution from another Owner under this Article shall be appurtenant to the land and Lot
involved and passes to such Owner's successors in title.
Section 4.6 Dispute Resolution. In the event of any dispute arising concerning
the party wall, or under the provisions of this Article, the parties shall submit the dispute to
mediation. If the dispute cannot be resolved through mediation, the parties may pursue the
dispute in arbitration or through a legal proceeding before a court.
Section 4.7 Easement for Common and Party Walls. Each Owner, his agents
and contractors, are granted a non-exclusive easement for the purpose of maintenance,
construction, reconstruction and repair, in, over, under and upon the adjacent Lot and in and
upon the adjacent Lots for purposes of common or party wall maintenance and repair, upon
reasonable notice to the other Owner. Any damage occasioned to the adjacent Lot or
improvements, including the dwelling thereon, in exercising this easement, shall be the
responsibility of the Owner whose negligent or wrongful acts or omissions caused the
damage. See additional provisions in this Declaration relating to other aspects of party walls.
Article 5. Use Restrictions and Restrictive Covenants.
Section 5.1 Flexible Application of these Covenants and Restrictions. All Lots
and Units within 3775 Benton Street are held, used and enjoyed subject to the following
limitations and restrictions. The strict application of the following limitations and restrictions in
any specific case may be modified or waived, in whole or in part, by the agreement of 5
Owners if such strict application would be unreasonable or unduly harsh under the
circumstances. Any such modification or waiver must be in writing.
Section 5.2 Authority/Application of these Use Restrictions. All provisions of this
Declaration, as may be modified, apply to Owners and their guests, tenants, invitees and
licensees. Owners and their successors and assigns, by acceptance of a deed to their Lot
and Unit, acknowledge that they have been given notice, and that the ability of Owners to use
their Lots and Units is limited by the provisions in this Declaration.
Section 5.3 Residential Dwelling Use. Units shall not be used for any purpose
other than a residential dwelling except as set forth in this Article.
Section 5.4 General Use and Occupancy Restrictions. All Lots and Units within
the Community shall be used only for those uses and/or purposes as allowed by the local
zoning, control and regulation, and permitted by this Declaration.
Section 5.5 Home Occupations. Home occupations are allowed so long as the
home occupations are incidental and secondary to the use of the Lot and Unit and do not
change the residential character of the Home, comply with local zoning ordinances and
regulations, and comply with this Declaration. In no instance shall a home occupation be
E
visible externally. Additionally, in no instance may a home occupation employ more than one
person.
Section 5.6 Exterior or Landscape alterations. No change or modification to the
exterior of the Home or to the landscaping on the Lots may be made without the prior written
approval of at least 1 of the 2 other Owners. Notice of the proposed exterior landscape
change must first be given, in advance, in a reasonable time before any approval by an Owner
may be given.
Section 5.7 Advertising Restrictions. Except as allowed to the Declarant, and
except as allowed in this section, external advertising of any kind is prohibited. No sign,
poster, billboard, advertising device or display of any kind shall be erected or maintained
anywhere on a Lot or Unit except such sign or signs as may be approved in writing by the 5
Owners or as otherwise allowed by applicable law. One professionally lettered "For Sale" or
"For Rent" sign, not to exceed three feet by two feet, and one professionally lettered security
or alarm system sign not exceeding six inches by six inches may be displayed inside a
window of a Unit.
Section 5.8 Nuisances. No nuisance shall be permitted within the Community,
nor any use, activity or practice which is the source of unreasonable annoyance or
embarrassment to, or which unreasonably offends or disturbs, any Owner or which may
unreasonably interfere with the peaceful enjoyment or possession or the proper use of a Lot
or Unit or any portion of the Community by residents. Further, no improper, offensive or
unlawful use shall be permitted within the Community or any portion thereof. All valid laws,
ordinances and regulations of all governmental bodies having jurisdiction over the Community
or a portion thereof must be observed.
Section 5.9 No Hazardous Activities. No activity may be conducted on and no
improvement may be constructed on any Real Estate within the Community which is or might
be unsafe or hazardous to any person or Real Estate. Without limiting the generality of the
foregoing, no firearms shall be discharged within the Community. No open fires shall be
lighted or permitted within the Community except in a contained barbeque unit, fire pit or
similar facility. No Owner shall permit any condition on his Lot or Unit which creates a fire
hazard or is in violation of applicable fire prevention regulations
Section 5.10 Compliance with Governing Documents. Each Owner shall comply
strictly with the provisions of this Declaration, as amended.
Article 6. Covenant for Common Expense Assessments
Section 6.1 Creation of Lien and Personal Obligation to Pay Driveway
Expenses.
(a) The Owners each lot are deemed to covenant and agree to pay to
the supervising or administering Owner, 1/3 Id of the expenses allowed to be allocated under this
Declaration, or such other amount as may be agreed to by the parties.
(b) Other expenses may be allocated as expressly provided in this
Declaration.
P
(c) If the Owner of a Lot has the right to assess other Lots and
Owners and desires the contribution of the appropriate other Lot Owners, as allowed for under
this Declaration, that Owner must assess and account to those Owners within 18 months of the
charges sought to be allocated.
(d) These charges or assessments shall be the personal obligation of
the Owner of these Lots and Unit at the time when the assessment or other charges became
due.
(e) The assessments shall be a charge on each of these Lots and
Unit and shall be a continuing lien upon the Lot and Unit against which each such assessment
is made.
(f) If any assessment is payable in installments, the full amount of the
assessment is a lien from the time the first installment becomes due.
(g) The personal obligation to pay any past due sums does not pass
to a successor in title unless expressly assumed by them.
(h) No Owner may become exempt from liability for payment of the
assessments by waiver of the use or enjoyment of the services provided or available or by
abandonment of the Lot and Unit against which the assessments are made.
(i) All assessments shall be payable in the amounts specified in the
levy thereof, and no offsets or reduction thereof shall be permitted by any reason including,
without limitation to, any claim that the other Owner is not or has not properly exercised their
duties and powers under this Declaration (except as to the 18 month period provided for this
Declaration).
(j) All assessments shall be assessed or shared equally by the Lots
and Unit, unless otherwise agreed.
(k) Assessment liens have priority over all other liens and
encumbrances on a Lot and Unit except: (i) liens and encumbrances recorded before the
recording of this Declaration; (ii) a first mortgage on the Unit (except as allowed by the Act with
regard to the limited lien priority allowed for in the Act); and (iii) liens for real estate taxes and
other governmental assessments or charges against the Unit.
(1) The lien is not subject to the provisions of any homestead
exemption as allowed by state or federal law.
(m) The Lot Owner with assessment rights under this Declaration, has
all remedies available at law, including the right to foreclose, after two notices to the non-paying
Owner and their lenders, if any, and only after assessments have been outstanding for at least 6
months and the non-paying Owner has been offered a payment plan.
(n) Sale or transfer of any Lot and Unit shall not affect the lien except
that the sale or transfer of any Lot and Unit pursuant to foreclosure of any first mortgage or any
proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall
only extinguish the lien of assessment as provided by applicable law.
10
(o) No such sale, transfer, foreclosure, or any proceeding in lieu
thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any
Owner neither from continuing liability for any assessment charges thereafter becoming due nor
from the lien.
(p) An assessment provided for in this Declaration, or any installment
thereof, which is not fully paid within 30 days after the due date thereof, shall bear interest at the
rate of 21 % per annum and the Owner to whom the assessment is due may assess a monthly
late charge of $25 a month.
(q) After failure to make payment within the 60 days of the due date
the Owner due payment may bring an action at law or in equity, or both, against any Owner
obligated to pay such overdue assessment(s), or monthly or other installments thereof. In the
event of nonpayment for over 6 months, the Owner due payment may also proceed to foreclose
their lien against such Owner's Lot and Unit, after at least two notices to the past due Owner.
(r) Costs of suit, expenses and reasonable attorney fees incurred
simply by virtue of the failure of the Owner to timely pay assessments when due, including
attorney fees and costs for consultation and for preparing and recording any lien notice, shall be
included as part of the delinquent assessment. These costs are to be taxed by the court as a
part of the costs of such action or foreclosure proceedings and as allowed for under the Act.
(s) Foreclosure, whether completed or commenced but not
completed, shall not be deemed to estop or otherwise preclude an Owner due assessments
from thereafter again foreclosing or commencing an action to foreclose its lien for any
subsequent assessments.
(t) The Owner due payment shall have the power and right to bid on
or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease,
mortgage, and to convey or otherwise deal with the same.
(u) The rights of the Owner due payment of assessments shall be
expressly subordinate to the rights of any first mortgagee as set forth in its deed of trust or
mortgage (including any assignment of rents), to the extent permitted under the Colorado
Common Interest Ownership Act.
Article 7. Insurance
Section 7.1 Insurance Obtained by Owners. Each Owner shall be responsible
for maintaining insurance which covers betterments and improvements from the original
construction, furnishings and personal or other Real Estate in the Home and liability insurance
for injury, death or damage in the Home or upon the Lot.
Section 7.2 Duty to Repair. Any portion of the Real Estate for which insurance
is required under this Declaration which is damaged or destroyed must be repaired or
replaced.
11
Article 8. Alternative Dispute Resolution of Construction Defects and any Claims
against the Declarant or its contractors
Section 8.1 Purpose. The purpose this article of this Declaration is to establish
a harmonious planned Community. Though prompt, efficient, fair and non -belligerent
resolution of any construction or design dispute. Any construction or design controversy with
the Declarant or its contractors must be resolved as set forth in this Article.
Section 8.2 Excluded Disputes. "Excluded Disputes" means any claim, legal
action or suit related to construction or design of the Homes or any part of the Community.
Section 8.3 Lawsuits or Actions by any Owner or any other party.
Excluded Claim. (a) Owners, nor any other party, may not bring a lawsuit on an
this Declaration. (b) Excluded Claims are first subject to the mediation provisions of
this Declaration. (c) Excluded Claims are also subject to the arbitration provisions of
Section 8.4 Direct Communication. Any Owner making a claim related to
construction or design of the Homes or any part of the Community must set forth their claim in
correspondence. Each party must respond within a reasonable time after receipt of a letter
from the other (i.e. within 14 days) unless or until an agreement is reached.
Section 8.5 Mediation. If the claim cannot be resolved through direct
communication of the parties either party may request appointment of a neutral and properly
credentialed mediator. If a mediator cannot be agreed to, the parties shall each pick a
mediator and those mediators then may select a neutral, credential mediator. Once a
mediator has been selected, all parties must participate in the mediation in good faith until the
dispute is resolved, or a period of 120 days without resolution elapses. The cost of the
mediation must be divided equally among the parties.
Section 8.6 Arbitration Required on Excluded Claims.
(a) If the dispute cannot be resolved through mediation, the dispute
must be decided by mandatory and binding arbitration in accordance with the rules of the
American Arbitration Association ("AAA") currently in effect.
(b) All Excluded Disputes that not resolved by direct communication
or mediation must be decided by mandatory and binding arbitration.
Section 8.7 Location. The arbitration proceeding must be held in the greater
Denver area unless otherwise mutually agreed by the parties.
Section 8.8 Arbitration Procedure. The following procedures apply:
12
(a) Demand for arbitration must be filed in writing with the other party
and with the AAA. A demand for arbitration must be made within 120 days after the dispute in
question has arisen and failed to be resolved by mediation.
(b) All Excluded Claims are subject to the applicable statutes of
limitations and repose.
(c) In no event may the demand for arbitration be made after the date
when the institution of arbitration proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limitations and repose.
(d) No arbitration arising out of or relating to this Declaration may
include, by consolidation, joinder or any other manner, an additional person or entity not subject
to the Declaration, except that the Declarant, at its sole election and in its sole discretion, may
by consolidation, joinder or any other manner, include contractors, subcontractors or other
parties involved in the construction and/or planning of the Common Interest Community.
(e) The arbitrator shall be selected by agreement of the parties. If
they cannot agree, each party shall select an arbitrator. Those arbitrators shall then select the
arbitrator to determine the outcome of the dispute.
(f) The provision of this Article to arbitrate, or the Declarant's election
to include any additionally person or entity not subject to this Declaration in an arbitration are
specifically enforceable in accordance with applicable law with any court having jurisdiction.
(g) The award rendered by the arbitrator or arbitrators is final, and
judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction.
(h) All filing fees and AAA costs associated with the arbitration itself
must be paid for by the party who files the notice of arbitration.
Section 8.9 Binding Nature; Applicable Law. The consideration of the parties to
be bound by arbitration agreement and covenant in this Declaration includes a waiver of
access to determination by a court and/or jury and also includes the waiver of any rights to
appeal the arbitration finding other than for the reasons available under Colorado law.
Section 8.10 Sole Remedy Waiver of Judicial Rights. Each Owner expressly
consent to this procedures established in this Article as their sole and exclusive remedy.
Each Owner expressly waives any right they may have to seek resolution of any Exclude
Dispute contemplated by this Article in any court of law or equity. Each Owner expressly
waives any right they may have to trial by judge or jury.
Section 8.11 Restrictions. If a dispute involves the Declarant, an Owner or any
other party related to an Excluded Claim, no person may file a memorandum of lis pendens or
similar instrument that would encumber or create a lien upon the land owned by the Declarant
or any Owner.
Section 8.12 Payment of Expenses under This Article. Beyond filing fees and
AAA costs associated with the arbitration (those costs being the obligation of the party who
13
files the notice of arbitration), each party is responsible for their own costs, expenses, experts
and attorney fees in the mediation and arbitration.
Section 8.13 Amendment of this Article. The Provisions of this Article may be
amended with a vote of at least 5 Owners and with the written consent of the Declarant.
Article 9. Miscellaneous and General Provisions
Section 9.1 Compliance and Enforcement. Each Owner and occupant of a Lot
shall comply with the Declaration, as amended, and each Owner shall have the right to
enforce the covenants and restrictions, as set forth in this Declaration. Enforcement of these
covenants, restrictions, charges and other provisions, as amended, may be by any proceeding
at law or in equity against any person or persons violating or attempting to violate any such
provision. All remedies set forth in the Declaration shall be cumulative of any remedies
available at law or in equity. In any action to enforce the Declaration, as amended, the
prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees
and court costs, reasonably incurred in such action.
Section 9.2 Term of Declaration. The covenants and restrictions of this
Declaration shall run with and bind the land in perpetuity.
Section 9.3 Covenants to Run. All of the covenants, easements, servitudes and
provisions contained in this Declaration shall be a burden on the title to all of the lands within
the Real Estate, and the benefits thereof shall inure to the owners of all of the lands within the
Real Estate.
Section 9.4 Attorney Fees. In a legal proceeding in any way related to the
Declaration or the Community, the court shall award to the party prevailing on each claim the
prevailing party's reasonable attorney fees and costs incurred in asserting or defending the
claim.
Section 9.5 Termination. Termination of the Community may occur upon the
written agreement of all of the Owners or in accordance with applicable law.
Section 9.6 Amendment of Declaration by Owners. Any provision, covenant,
condition, restriction or equitable servitude contained in this Declaration may be amended,
revised, removed or repealed, and new provisions, covenants, conditions, restrictions or
equitable servitudes may be added, at any time and from time to time upon approval and
written agreement of 7 Owners or in accordance with applicable law. The amendment or
repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the
County of Jefferson, State of Colorado of a certificate, setting forth the amendment in full and
certifying that the amendment has been approved as set forth above, and containing the
written consent and approval of each of the Owners.
Section 9.7 Condemnation and Casualty Insurance Allocations and
Distributions. In the event of a distribution of condemnation proceeds or hazard insurance
proceeds to the Owners, the distribution shall be to the parties as their interests and rights are
determined or allocated by record.
14
Section 9.8 Interpretation. The provisions of this Declaration shall be construed
to effectuate their purposes of creating a uniform plan for promoting and effectuating the
fundamental concepts as set forth in this Declaration.
Section 9.9 Singular Includes the Plural. Unless the context otherwise requires,
the singular shall include the plural, and the plural shall include the singular, and each gender
referral shall be deemed to include the masculine, feminine and neuter.
Section 9.10 Captions. All captions and titles used in this Declaration are
intended solely for convenience of reference and shall not enlarge, limit or otherwise affect
that which is set forth in any paragraph, section or article hereof.
Section 9.11 Non -Waiver. Any forbearance or failure to enforce any provisions of
this Declaration shall not operate as a waiver of any such provision or of any other provision of
this Declaration or of any subsequent enforcement of such provision.
Section 9.12 Challenge to an Amendment. All challenges to the validity of an
amendment to this Declaration must be made within one year after the date of recording of
this document.
Section 9.13 Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions which shall
remain in full force and effect.
Declarant has caused this Party Wall Agreement and Declaration and to be executed by it's duly
authorized agent.
Dumindu & Seun Realty, LLC, a Colorado Limited Liability
Company
Seun Phommatha, Authorized Agent
State of Colorado
ss.
County of
The foregoing was acknowledged before me this day of
20, by Seun Phommatha, as Authorized Agent of Dumindu & Seun Realty, LLC, a Colorado
Limited Liability Company.
Witness my hand and official seal.
Notary Public
Commission Expires:
15
Exhibit A: Description of Real Estate
Description of the Real Estate:
Lot 2A, 2B and 2C,
BENTON SUBDIVISION,
County of Jefferson,
State of Colorado
aka — 3775 Benton Street, Unit 2A, Unit 213 and Unit 2C, Wheat Ridge, CO
The Real Estate is also subject to the following documents or interests of record:
[to be inserted]
2. Notes and easements as shown on the recorded plat of the subdivision that includes the
Real Estate, as shown on the recorded plat.
3. Other documents of record.
16
City Of
_:��Wheat ldge
COMMUNITY DEVELOPMENT
Cit% of Wheat Ridge Municipal Building 7500 W. 29'x' Ave.
September 21, 2015
Seun Phommatha
11773 Gray Street
Westminster, CO 80020
Re: MS -15-03 / Benton Plat— 1" Review
Dear Mr. Phommatha:
Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your application for approval of a subdivision plat for property zoned
Mixed Use -Neighborhood (MU -N) and located at 3775 Benton Street. I have reviewed the first
submittal and have the following comments. Please provide the following items on a follow up
submittal.
Survey Related Comments
1. Include the zoning for adjacent properties:
a. Lot 1 B, Weg's Subdivision, Zoned MU -N.
b. Lot 2 and Lot 3, Weg's Subdivision. Zoned R-1 B
c. Lot 12, Case Subdivision, Zoned R-3
d. Lot 12 and Lot 13C, Lancaster, Zoned R - IA
e. Lot 13B, Lancaster, Zoned C-1
f. Lot 13A, Lancaster, Zoned MU -N
g. Lot 1, Cadence Subdivision Amend. 1, Zoned MU -N
2. Add the addresses under each lot on the Plat. Lot 2A is 3775 Benton St., Lot 2B is 3785
Benton St., and Lot 2C is 3795 Benton St.
General Comments
3. Correct typos in the Owner's Certificate block:
a. Line 4, should read "Jefferson"
b. Line 10, should read "Systems"
4. Include a site data table that includes the total area of the site and area of individual lots, in
square feet and acres.
5. Include a case history box with the following related cases:
a. WSP-15-02, WZ-12-09, MS -06-03.
6. Correct the sheet margins to 2" on the left, 1" on the top, and %i" on each side.
7. Remove the Planning Commission Certification block.
8. Include the following Note: "LOT 2A, 2B AND 2C MAY ONLY BE DEVELOPED AS
ATTACHED TOWNHOMES."
9. Add the following language for an Ingress/Egress easement: "THE OWNER, HIS
SUCCESSORS AND ASSIGNS HEREBY GRANTS LIMITED RIGHTS AND
PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS
INDICATED AS `INGRESS -EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS
PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS,
TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL
FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID
EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY
RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM
ABUTTING PUBLIC STREETS."
10. Add the following language for a Stormwater Drainage easement: "THE STORMWATER
DETENTION AND WATER QUALITY AREA(S) SHOWN HEREIN AS A
"STORMWATER DRAINAGE EASEMENT" SHALL BE MAINTAINED BY THE
OWNERS, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND
ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS
NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE
THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE
COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO
PAY. NO BUILDING OR STRUCTURE SHALL BE CONSTRUCTED WITHIN THE
STORMWATER DRAINAGE EASEMENT AND NO CHANGES OR ALTERATIONS
AFFECTING THE HYDRAULIC CHARACTERISTICS OF SAID STORMWATER
QUALITY AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR
OF PUBLIC WORKS."
Referral Comments
Wheat Ridge Public Works: See attached comments and redlines from Dave Brossman
dated September 17, 2015.
Wheat Ridge Fire District: No comments
Wheat Ridge Water District: No comments received.
Wheat Ridge Sanitation District: No comments received.
Xcel Energy: See attached comments from Donna George dated September 18, 2015.
Century Link: No comments received.
Comcast Cable: No comments received.
2
Wheat Ridge Building Division: No comments received.
This concludes the summary of comments. For the next review, please provide a response to this
letter, including a response to each item identified above, and resubmit plans in the following
formats:
• One (1) full-size hard copy of the plans
• Digital files of the resubmittal documents in Adobe .pdf format
Please let me know if you have any questions regarding these comments.
Sincerely,
Lisa Ritchie,
Planner II
303-235-2852
Iritchie@ci.wheatridge.co.us
Enclosures
3
City of
��(j-Whcatp,jd
MUNITY DEVELOPMENT
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Ph: 303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date Mailed: September 3, 2015 Response Due: September 18, 2015
The Wheat Ridge Community Development Department has received a request for approval of a plat
for construction of a triplex on property at 3775 Benton Street.
No response from you will constitute having no objections or concerns regarding this proposal.
Case No.: MS -15-03 / Benton Subdivision
Request: The subject property is located at 3775 Benton Street which is on the west side of Benton,
one lot south of W. 38`h Avenue. The site is zoned Mixed Use -Neighborhood (MU -N), is
6,580 square feet in size, and is currently vacant.
The applicant is proposing to develop a three-story townhome structure including three (3)
dwelling units. The building will be situated in the middle of the site with a driveway along the
north property and landscaping to the west and south.
The property was rezoned to MU -N several years ago (per Case No. WZ-12-09). A site plan
was approved (WSP-15-02), and finally this subdivision plat is requested to establish
townhome lots.
Please respond to this request in writing regarding your ability to serve the property and specify any
new infrastructure or improvements that will be required. Include any easements that will be essential
to serve the property as a result of this development. Please detail your requirements for the
application in respect to your rules and regulations. If you need further clarification, contact the case
manager:
Phone: 303.235.2852
DISTRIBUTION:
Wheat Ridge Water District
Wheat Ridge Sanitation District
Wheat Ridge Fire District
Xcel Energy
Century Link
Comcast Cable
Case Manager: Lisa Ritchie
Email:Iritchie@ci.wheatridge.co.us Fax: 303.235.2857
Wheat Ridge Public Works
Wheat Ridge Parks & Recreation Department
Wheat Ridge Forestry Division
Wheat Ridge Building Division
Vicinity Map
The subject property -3775 Benton Street—is outlined in blue in the image below.
XcelEnergysm
PUBLIC SERVICE COMPANY
September 18, 2015
City of Wheat Ridge Community Development
7500 West 29'h Avenue
Wheat Ridge, CO 80033
Attn: Lisa Ritchie
Re: Benton Subdivision, Case # MS -15-03
Right of Way & Permits
1123 West 3id Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571.3284
donna.l.george@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Department has
reviewed the plat for Benton Subdivision and has no apparent conflict. Please be
aware PSCo owns and operates existing electric distribution facilities within the subject
property. The property owner/developer/contractor must contact the Builder's Call Line
at 1-800-628-2121 and complete the application process for any new gas or electric
service, or modification to existing facilities. It is then the responsibility of the developer
to contact the Designer assigned to the project for approval of design details. Additional
easements may need to be acquired by separate document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility
Notification Center at 1-800-922-1987 to have all utilities located prior to any
construction.
If you have any questions about this referral response, please contact me at (303) 571-
3306.
Donna George
Contract Right of Way Referral Processor
Public Service Company of Colorado
♦SAW
City of
"� Wheat �iclge
PUBLIC WORKS
Memorandum
TO: Lisa Ritchie, Planner II
FROM: Dave Brossman, Development Review Engineer
DATE: September 17, 2015
SUBJECT: MS-15-03/Senn, 3 -Lot Subdivision Plat
I have completed my first review of the minor subdivision plat to facilitate the construction of
three townhomes at 3775 Benton Street received on September 4, 2015, and I have the following
comments:
Final Plat
1. There are currently 11 different subdivisions on file at the Jefferson County Clerk
& Recorders Office that include the name "Benton" in the title. I suggest renaming
this plat to the "Seun Subdivision".
2. In the Legal Description:
a. Jefferson County is misspelled in the second paragraph.
b. All subdivisions within the City of Wheat Ridge must include a metes and
bounds portion in the Legal Description. Please include a "more particularly
described as" metes and bounds in addition to the "Lot 2, Cadence
Subdivision Amendment No. 1" portion to satisfy this requirement.
c. If Seun is to become the title of this subdivision, please change the name in
the third paragraph to "Seun Subdivision". The same comment goes for the
Surveyor's Certificate.
d. In the second to last line of the third paragraph the word "systems" is
misspelled.
3. I don't believe this plat will need to go before the Planning Commission. As such I
believe the Planning Commission block can be removed as this may be an
Administrative Review only. Please check with Lisa Ritchie at 303.235.2852.
4. Please add the following two Notes:
"8. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A
GROUND-BASED MODIFIED FORM OF THE NAD83/92 (HARN) STATE
PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502."
"9. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300,
SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY
CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE
PLANE COORDINATES: PHAC 1 - Northing: 1701258.75; Easting:
3118217.58; Elevation: 5471.62."
Seun Subdivision Review-I.Itr.docx
Public Works Engineering
September 17, 2015
Page 2
5. Need to identify both of the Found Pins located at the NW corner of Lot 1, Cadence
Subdivision Amendment No. 1.
6. There are several lines shown that need to be identified as "Lot Lines".
7. Please show the 5' Utility Easement adjacent to the subject property on the west,
and also extend the 5' Utility Easement lying within the subject property to the
north into Lot 1, Cadence Subdivision Amendment No. 1. (Refer to the redlined
plat as necessary).
8. Show the new lot lines as "LOT LINES HEREBY CREATED BY THIS PLAT".
9. The Easement and Lot Line linetypes appear to be the same. Please modify one or
both of these to be distinguishable from one another.
10. In the Legend:
a. Modify the description of the Record info to "AS RECORDED BEARING
OR DISTANCE per PLAT OR DEED%
b. Need to add a Section Corner symbol to the Legend.
c. Need to add the following linetypes:
i. SECTION LINE
iii. BOUNDARY LINE
iii. CENTERLINE
iv. EASEMENT LINE
v. ROW LINE
vi. EXISTING LOT LINE
vii. PROPOSED LOT LINE
11. Need to provide a ten (10) foot -wide Ingress -Egress Easement along the northerly
side to allow (legal) access from the public street to Lots 213 and C. The easement
should be located three (3) feet south of the north property line. This will not only
center it between the proposed building and the property boundary, but will keep
the structural supports along the northerly property line outside of the easement.
12. Need to add a Case History Box and include the current Case No.
13. There are numerous typographical errors. Please see the redlined plat for the
various locations.
14. Need to show all zoning, both on-site and for adjoining properties.
15. Add a "Date of Preparation" and complete the "Dates of Revision".
Steve Nguyen, Engineering Manager
Mark Van Nattan, Engineering Technician
File
Seun Subdivision—Review- L Itr.docx
SFI1N
ICmns% `ie'& R°t°r '��'�at B T) ° SUBDIVISION
4 A ieclade the name •Benton• in the tide. I
agger reaming dlis plat n the "Selo
W6 41 AV
Subd.,-1 A RESUBDIVISION OF L 2, CADENCE SUBDIVISION AMENDMENT NO. 1
LOCATED IN THE NE1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
MIT [A-
peT
E
SI
76 A
CONC. SW CDN.
ELEC. BOX
CHISELED "X" SW
BOLT OF IRAFEIC LIGHT
BASE
70.9' FOUND CHISELED 'x
�OWl�AW •. W6f AVE SECTION25,
i�3S. R69W
/ && i A.Y. t REG. IN TOP OF CURB
POINT N0. 16901
�j TH WEST N AVE.N-705045,1028
-706 CITY 8 WHEATOF t REC,
8 , E-126374.3007 AM. (E-1263719309 NEC.) {3.L
FF 11Fsr 56.3'
A.Y. t REG RNER OF LAT. -39'46'09'5'11
NORMNMI" LINE OF NE 1/4 LONG. -105'03'11. 'W
AM. t REG.
A SECIT10N126. EAT R69W SECTION 25. T3S, R89W FOUND ALUM. PIPE W/
Prot hale melts and hounds deseriptlon o(bmndan ptt OF MEAT RIDGE _ _ -
POINT NO. 15909 126" DIA P S OF WHEAT RmQ
Sec N -1117 of the ('it, Code Pic- be sure the 2648.51' A.M. (2648.13' REC.) .2V DI GAP STAMPED LS 13212
N-706645.1409 _ _ _ _
.16'saheb m the legal r escnplwn mst<h the talbub E-39*46' .79m - = S 89'59'57" E A.M. ®. - - - W32
n the Ical rt cscnlatan LAT 105'06'09.6'11 1835.93 A.M. (� 812.58' A.M. ®. T
LONG -105.03'45.6-w w Z T 327 R�
VICINITY MAP FOUND ALUM. PIPE W/ (1835.55' REG.) r-4/ ti d 0
NOT TO SCALE 125• DIA OTY OF WHEAT R- m W w w I No lot line here - U T S F`
BRASS CAP STAMPED LS 13211 46.5' Q r should be m be 524 519 63.7'
OUTFIT AY.
11"REC. CHISELED "X" NIX N 4000' REC S25 S30 AY. t REG. b'9
OWNER'S CERTIFICATE: r' 19857��0 ~j BASET OF TRAFFIC LIGHT Ono 00 N WEST 38TH AVENUE -Ji69W R6BY Au, t REC.
T3S R69W Gs w al O Lv N I 70' ROW ,(yyly 1985a,Z♦ GO 3
WE, DUMINDU & SEUN REALTY, LLC, A COLORADO LIMITED UABIUTY COMPANY, BEING THE OWNER OF REAL PROPERTY �, n a O o `'�GE"E TO O
CONTAINING 6,573 SQUARE FEET OR 0.1509 ACRES. MORE OR LESS, DESCRIBED AS FOLLOWS: 514_ p "0 0�l` Y FOUND al •x- z jr
N IN TOP CURB Q
LOT 2, CADENCE SUBDIVISION AMENDMENT 0. 1, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2006, AT Y 5 5 z D= N _ _ _ 5 69'66'u• w AY. _ _ _ o F aWT
EUN RECEPTION 110. 2006105190, COUNTY 4/F ,FFERSON, STATE OF COLORADO. `t£Y T (� Q 'o p D. ILL NOf FOUND W NAIL w CORNER.
HA UBOIVIOED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND ML1L.h�'
SME SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE. COLORADO, AND BY THESE BEING MORE PARTICULARLY DESCRIBED AS < Are there two (orad eoraas r LOT I, CADENCE SUBOVI9p1
PRESENTS KATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED FOLLOWS: skxtne" If p.hderLfy bonh. I AMENDMENT No. 1
UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION. INSTALLATION, COMMENCING AT THE HE CORNER OF Show u lot lines /
OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT UMITE TO SECTION 25---
TELEPHONE AND ELECTRIC LINES. GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER TEMS AND U /
PIPES, DETENTION PONDS, STREET LIGHTS, AND ALL APPURTENANCES THERETO. T, S Of �U,�
OWNER: DUMINDU & SEUN REALTY, LLC, A COLORADO UMITED LIABILITY COMPANY 1. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST a L. 1
COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN e w W
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTON �N $how casement Sbow' rpLing °n and '
BY: SEUN PHOMMATHA, MANAGER BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED N Xtadin b� adaceat b site • b' .
MORE THAN TEN YEARS FROM THE DATE OF THE N
STATE OF COLORADO ) CERTIFICATION SHOWN HEREON. Q I LOT 1 I
COUNTY OF JEFFERSON ) SS 2. MONUMENT DEFACING STATEMENT: ANY PERSON WHO LOT 113 w CADENCE SUBDIVI N FOUND REBAR w/
KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBUC WEG'S SUBDIVISION e I ' ADMENDMENT . 1 1.5 DIA RED PLASTIC CAP
LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT ONE X ZONE XXX STAMPED PLS 27269
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.O. 20� 8Y SEUN ry I (ACCEPTED AS PROP. COR.) '
PHOMMATHA, MANAGER, FOR DUMINDU &SEUN REALTY, LLC, A COLORADO LIMITED LIABILITY COMPANY. OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR
PURSUANT TO STATE STATUTE 18-4-508. C.R.S. FOUND N 705591.0260
a REBAR w/ 134.01' A.M. &REC. E 12569].3796 '
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: 1.5' OA. YELLOW PIASnC CAP ' N 1255 3.37000 6
3. FOR ALL INFORMATION REGARDING EASEMENTS, 110. RL. 1.20' EAST t ' , E 1n56137ot S 89'52'27" W A.M. Lot lines hcrcbv
RIGHT-OF-WAY OR TITLE OF RECORD, CHESSNOE AND 0.76' SOUTH OF CALL COR. , 3d, (S 89'48'17" W REC. rested be lhu let.
ASSOCIATES RELIED UPON AN OWNERSHIP AND (NOT ACCEPTED AS PROP.-, -
ENCUMBRANCE REPORT PREPARED BY CANYON TITLE WITH'
�DA 20__, BY THE WH _ COMMISSION.
SON
I don't belierc Ibis pie will need b go before the Planning Commission. As
NOTARY PUBLIC AN EFFECTIVE DATE OF JUNE 18, 2015; THE RECORDED
It In non clear what the
CLIP CERTIFICATION:
10'
PLAT; THE CITY ASSESSOR'S RECORDS; AND INFORMATION
lead-Wre Pouting l0-
ATTEST:
DISTANCE PLAT OR DEED
---- SUPPUED BY CLIENT.
pyhcal r all propcm.
Ci U'
w Q
2740 S0. FT.
ADDRESS
^scr++Kinclude
SECTION LINE ADD LINETYPES DO DATE OF
BOUNDARY LINEO PREPARATION
I 0.0629 AC.
SEUN 4. PER C.R.S. 38-51-106 (L), ALL LINEAL UNITS DEPICTED
Mrgeddewbofdume
w w'
ROW LINE
ON THIS LAND SURVEY PLAT ARE U.S. FEET AND
�_
th d', vat
DATE OF PREPARATION: mmn
ZONE XXX
SURVEYOR'S CERTIFICATE:
I, MICHAEL S. CHESSNOE, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SUBDIVISION WAS MADE BY
ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATI BELIEF, IN ACCORDANCE
WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY
REPRESENTS SAID SURVEY.
MICHAEL S. CHESSNOE, P.E. & L.S. 9489
APPROVED THIS
�DA 20__, BY THE WH _ COMMISSION.
SON
I don't belierc Ibis pie will need b go before the Planning Commission. As
'
such I believe the Planning Commission block en be removed an this may be so
CLIP CERTIFICATION:
Administrative Review mly Please check with Liss Ritchie at 303.235.2652.
APPROVED THIS _
DAY OF __ 20_- BY THE CITY OF WHEAT RIDGE.
ATTEST:
DISTANCE PLAT OR DEED
CITY CLERK
COMMUNITY DEVELOPMENT DIRECTOR
DIRECTOR OF PUBLIC WORKS
COUNTY CLERK AND RECORDER'S CERTIFICATE:
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
IHEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY
AT GOLDEN, COLORADO. AT O'CLOCK __M. ON THE ______ DAY OF 20_-A.D., IN BOOK
PAGE ____, RECEPTION NO.
JEFFERSON COUNTY CLERK AND RECORDER
BY: _-_--___-_ _-
DEPUTY
HUNDREDTHS OF A US SURVEY FOOT. ONE METER EQUALS
39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
5. COORDINATES SHOWN ARE BASED ON THE CITY OF
WHEAT RIDGE CURRENT CITY DATUM COORDINATE SYSTEM.
6. BASIS OF BEARINGS: A BEARING OF S8959.57"E
BETWEEN TWO FOUND MONUMENTS 2648.51 FEET APART
BEING THE NORTH LINE OF THE NORTHEAST ONE-QUARTER
OF SECTION 25, T3S. R69W OF THE 6TH P.M.; ONE
MONUMENT BEING AN ALUMINUM PIPE WITH 3.25• DIA CITY
OF WHEAT RIDGE BRASS CAP STAMPED LS 13212 BEING
C1 TY OF WWHEATRIDGE POINT NO. 15909, AT THE NORTH Y4
CORNER OF SAID SECTION 25; AND THE OTHER BEING AN
ALUMINUM PIPE WITH 3.25" DIA CITY OF WHEAT RIDGE
BRASS CAP STAMPED LS 13212 BEING CITY OF WHEATRIDGE
POINT NO. 15901, AT THE NORTHEAST CORNER OF SAID
SECTION 25.
7. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN
HAS BEEN DERIVED FROM NAD83 HARN STATE PLANE
COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND
HASA HORIZONTAL ACCURACY CLASSIFICATION OF 0.07
U.S. SURVEY FEET AT THE 95X CONFIDENCE LEVEL, AS
DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY
STANDARDS OF THE FEDERAL GEODETIC CONTROL
SUBCOMMITTEE (FGDC-STD-007.2-1998).
I. THE CURRENT CITY DATUM COORDINATE SYSTEM
USED IS A GROUND-BASED MODIFIED FORM OF THE
NAD83/92(HARN) STATE PLANE COORDINATE SYSTEM,
COLORADO CENTRAL ZONE 0502.
5' UTRI7Y EASEMENT PER
'S SUBDIVISION - N' RECEPT. N0. 91033815
ZONE XXX U] O ,PLAT
.C)
3 1720 S0. FT. P 2112 SO. FT.
a 0.0395 AC. "I 8 0.0485 AC.
^ ZONE XXX z ZONE XXX
FOUND FIS REHAB IN,
Q 1.5" DIA ORANGE PLASTIC CAS
Z (HOT
u)InIn
FOND 05 REBAR w/ 53.45' - - 33.67'
1.5• DIA YELLOW "SHG CAP I 125 00' AM & REC.
40. ILL. 0.66' EAST t
SOUTH OF CAC. CDR.
TTED AS PROP. COR.)
N705549.9596
E 12568&6360
' � I
2 '
I
1 LOT 13A
LANCASTER ZONE XXX
UBDIVISION
1 1
Need b provide a 10' will6lyreu-Fye° E= -L 1 apes
lotting it l' satWh of Ne N. PtWr'nY 1� b keep the strrcrral
uppmts and wall crude of the e"m am (plus this chum the
at betwea the buildiig and the ptopcm line).
110. ILL. 0.99' EAST t
0,15' SOUTH OF CAC. COR. N ]
E 12
(NOT ACCEPTED AS PROP. COR.) ; I
5' EASEMENT IE_
N ]`5539.9598 -J
.7013 N 89.4 E A.M. E 1zs66t7oo7
3.701] J
1189'48'17" E R
/\ POUND A REBAR W/
• OA. aRANCE Pusnc cAP I
sp 110, RL, O.ei EAST t i�
5' U0.42'SW TN OF CAC. COR.
BOOK {19, PACE t PLAT (NOT ACCEPTED AS PROP. COR.)
E419IIV sscmat lino and lot
LOT 3 I lincopa app s" to be LOT 12
WEG'S SUBDIVIS ON +li n -u CASE SUBDIVISION
ONE XXX ZONE XXX
LOT 13B
LANCASTER
9. GROUND TO GRID COMBINED SCALE FACTOR IS
0.99974760300, SCALED FROM BASE POINT PHAC I GRAPHIC SCALE
(PERMANENT HIGH ACCURACY CONTROL POINT 61)
HAVING THE FOLLOWING NAD23192 STATE PLANE
COORDINATES: PHAC I • Northing: 170125175; Ennh
311621759; Ele-hon 5471.62 ( IN Peer )
1 Lech - 20 It
I
'
LOT 13B
LANCASTER
'
SUBDIVISION
1
ZONE XXX
2d FOUND CHISELED "X" AS NOTED
AS RECORDED BEARING OR
A.M. - AS MEASURED IN FIELD
DISTANCE PLAT OR DEED
A.M. k REC.
00'22'15" W A.MI
00 3'16" E EC.)
tam T 12 & LOT 13C
LANCASTER
SUBDIVISION
ZONE XXX
I.EGEtlQ
SET 05 REBAR, W/1.25' DIA.
ORANGE PLASTIC CAP STAMPED
P.E. & L.S. /9489
Qu FOUND MONUMENT AS NOTED
2d FOUND CHISELED "X" AS NOTED
AS RECORDED BEARING OR
A.M. - AS MEASURED IN FIELD
DISTANCE PLAT OR DEED
REC. -EEO OR PLAT DISTANC
^ OR "
SECTION CORNER
0 LEGEND
SECTION LINE ADD LINETYPES DO DATE OF
BOUNDARY LINEO PREPARATION
CENTERLINE
LEGEND
EASEMENT LINE
ROW LINE
EXISTING LOT LINE
th d', vat
DATE OF PREPARATION: mmn
PROPOSED LOT LINE
CITY OF °MEAT RIDGE
PUBLIC WORKS
DATE 0910412015
RECEIVED 09/04/2`15
1st Submittal
City of
Wheat Ridge
PUBLIC WORKS
Geodetic Surveying
Requirements for Final Plats
TITLE OF PLAT:J.S/O//
Notice to Surveyor:
u Initial each item as completed. This form shall accompany the Final Plat submittal.
All distances for the above referenced Plat are shown using (ground) modified State Plane
measurements (U.S. survey feet rounded to the nearest 0.01') consistent with the Current City
Datum, AND the following datum information is shown on the Final Plat:
a. The Current City Datum Coordinate System used is a ground-based modified form of the
NAD83/92 State Plane Coordinate System, Colorado Central Zone 0502. .
b. Vertical Datum used is the North American Vertical Datum of 1988 (NAVD88).
c. Ground to Grid Combined Scale Factor is 0.99974780300, scaled from base point PHAC 1
(Permanent High Accuracy Control Point # 1) having the following NAD83/92 State Plane
coordinates: PHAC 1: Northing: 1701258.75, Easting: 3118217.58, Elevation: 5471.62.
Modified State Plane coordinates consistent with the Current City Datum are shown on the Final
Plat to the nearest one-hundredth of a foot (0.01') for all property boundary corners, angle
point(s), and for all point(s) of curvature/tangency.
3. The following curve data for the site boundary, and for all lot lines and easement boundaries,
shall be shown on the Final Plat. All angular measurements shall be to the nearest second and all
distances to the nearest 0.01':
a. Arc length.
b. Chord length.
c. Chord bearing.
d. Central angle (delta).
e. Radius.
4. The Section Tie control points shall be on the Current City Datum and shown using (ground)
modified State Plane distances and bearings with the Latitude/Longitude and modified State
Plane coordinates shown per City of Wheat Ridge published values. All associated property
boundary corners shall be in modified State Plane values consistent with the Current City
Datum; a minimum of two (2) _property boundary corners of the site shall be tied to any of the
three (3) following control point types within the City of Wheat Ridge network:
a. Section corners.
b. Quarter -section corners.
c. City of Wheat Ridge Permanent High Accuracy Control (PHAC) points.
5. A Basis of Bearing Statement shall be shown specifying the two (2) City of Wheat Ridge
monuments selected to establish the modified State Plane (Current City Datum) bearings used
for the Plat. Specify the City monument identification number, the Current City Datum
coordinates and the Latitude/Longitude for each of the two monuments used for the Basis of
Bearing, and show the modified State Plane distances and bearings between them.
Rev 11/12
-v/Ade-6. The following information is included on the Plat for all monuments used:
a. The City -based monument identification number.
b. Modified State Plane coordinates on the Current City Datum (as supplied by the City).
x 7. Provide one (1) 24"X 36" paper copy on the Current City Datum as listed on this Plat, with all
bearings relative to the Current City Datum Basis of Bearing, and all coordinates relative to said
Current City Datum.
8. Two digital files of the Final Plat positioned correctly on the Current City Datum have been
provided with the Plat submittal as follows:
a. One (1) file in the currently acceptable version of AutoCAD DWG format (please
contact the Department of Public Works at 303.235.2861 for version info).
b. One (1) file in Adobe PDF format.
9. A Closure Report showing the error of closure for the platted area was provided with the plat
submittal. The error of closure shall not exceed 1:50,000 for all linear and angular (bearing)
measurements per Section 26-407-D of the City of Wheat Ridge Municipal Code of Laws.
10. The following statement is included on the plat: "Per Colorado Revised Statutes Sec. 38-51-106
(L), all lineal units depicted on this Land Survey Plat are U.S. Survey Feet. One Meter equals
39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and
Technology. "
11. Per C.R.S. 38-52-106, the Final Plat shall contain a Statement of Accuracy, as defined by the
National Ocean Survey/National Geodetic Survey, used to derive the coordinates shown on the
Final Plat.
The form of the Statement of Accuracy shall be:
The geodetic point coordinate data shown herein has been derived from the NAD 83
HARN State Plane Colorado Central FIDS 0502 Coordinate System, and has a
horizontal Accuracy Classification of 0.07 U.S. Survey Feet at the 95% Confidence
level, as defined in the Geospatial Positioning Accuracy Standards of the Federal
Geodetic Control Subcommittee (FGDC-STD-007.2-1998).
I hereby acknowledge all the above requirements have been addressed in a full and complete
manner.
rr
Irr •'
fr �� err• •
i/f ~ � i�iY�� ���� Irk i • .� l�
9-urveyor Name (Please Print) urveyo 4.
Firm
For information pertaining to Section and Quarter Comer information, PHAC points, benchmarks, or for
general City surveying monumentation information, please visit the City of Wheat Ridge website at:
www.d.wheatridee.co.us
Or contact the Department of Public Works, Engineering Division at 303.235.2861.
Rev 11/12
CLOSURE CALCULATIONS
Quadrant Description
1 = NE Bearing
2 = SE Bearing
3 = SW Bearing
4 = NW Bearing
Traverse Closure
Name: BENTON SUBDIVISION, JEFFERSON COUNTY
Quad
Degree Min
Sec
Dist.
Decimal Az
E -W
N -S
3
89 52
21
134.01
89.8725 269.8725
-134.010
-0.299
2
0 22
15
51.16
0.3708 179.6292
0.331
-51.159
1
89 49
18
125.00
89.8217 89.8217
124.999
0.389
4
0 22
15
10.00
0.3708 359.6292
-0.065
10.000
1
12 1
10
41.99
12.0194 12.0194
8.744
41.069
(E - W )z + (N - S)Z
Error -_
SumOfPerimeter
Square of East-West
Square of North-South
Sum of Perimeter
Error
0.000 0.001
0.000000 FT
0.000001 FT
362.1600 FT
0.0000 FT
1: 414976
Traverse Closure
Name: LOT 2A, BENTON SUBDIVISION, JEFFERSON COUNTY
Quad
Degree Min
Sec
Dist.
Decimal Az
E -W
N -S
3
89 52
21
46.67
89.8725 269.8725
-46.670
-0.104
2
0 7
39
51.08
0.1275 179.8725
0.114
-51.080
1
89 49
18
37.88
89.8217 89.8217
37.880
0.118
4
0 22
15
10.00
0.3708 359.6292
-0.065
10.000
1
12 1
10
41.99
12.0194 12.0194
8.744
41.069
(E - W) + (N - S)
Error -_
SumOfPerimeter
Square of East-West
Square of North-South
Sum of Perimeter
Error
0.003 0.003
0.000010 FT
0.000011 FT
187.6200 FT
0.0000 FT
41533
U
F
-OF C���
Traverse Closure
Name: LOT 213, BENTON SUBDIVISION, JEFFERSON COUNTY
Quad
Degree Min
Sec
Dist.
Decimal Az
E -W
N -S
3
89 52
21
33.67
89.8725 269.8725
-33.670
-0.075
2
0 7
39
51.11
0.1275 179.8725
0.114
-51.110
1
89 49
18
33.67
89.8217 89.8217
33.670
0.105
4
0 7
39
51.08
0.1275 359.8725
-0.114
51.080
(E - W )2 + (N - S)2
Error -_
Sum OfPerim eter
Square of East-West
Square of North-South
Sum of Perimeter
Error
0.000 0.000
0.000000 FT
0.000000 FT
169.5300 FT
0.0000 FT
1: 644278
Traverse Closure
Name: LOT 2C, BENTON SUBDIVISION, JEFFERSON COUNTY
Quad
Degree Min
Sec
Dist.
Decimal Az
E -W
N -S
3
89 52
21
53.67
89.8725 269.8725
-53.670
-0.120
2
0 22
15
51.16
0.3708 179.6292
0.331
-51.159
1
89 49
18
53.45
89.8217 89.8217
53.450
0.166
4
0 7
39
51.11
0.1275 359.8725
-0.114
51.110
(E -W)Z + (N - S)Z
Error =
SumOfPerimeter
Square of East-West
Square of North-South
Sum of Perimeter
Error
-0.003 -0.002
0.000008 FT
0.000005 FT
209.3900 FT
0.0000 FT
1: 57170
o.-
•
0 4A
• _
Z •
•-.Pot
City of Wheat Ridge
89/81/2815 18-52 CDBP
DUMINDU AND SEUN REALTY
CDA811796 AMOUNT
FMSD ZONING APPLICATION FEES 308.80
PAYMENT RECEIVLD AMOUNT
.HECK: 1857 3@8.00
TOTAL 388.88
♦6 AI
City of
]�9�Wh6atfZJdge
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant rill ddress
City State Zip
z�
Owner �A Address
City
State
Zip
Phon�-I1 S. �g(
Fax T�.-'
Phone
Fax
Contact All J4Q i tnG Address Phon93�--
City 6 State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application. provide additional information when necessary. post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address):
Type of action requested (check one or more of the actions listed below which pertain to your request):
Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted.
O Change of zone or zone conditions
O Special Use Permit
DQ Subdivision: Minor (5 lots or less)
O Consolidation Plat
O Conditional Use Permit
O Subdivision: Major (More than 5 lots)
O Flood Plain Special Exception
O Site Plan approval
O Temporary Use, Building, Sign
O Lot Line Adjustment
O Concept Plan approval
O Variance/Waiver (from Section )
O Planned Building Group
O Right of Way Vacation
O Other:
Detailed description of request: ✓ e e - 6? f 'tU►.tA4'
Required information: 2_
Assessors Parcel Number: 3 25 I 03 0 771
Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: 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'consent the requested action cannot laufully be accomplished.
Applicants other than owners must submit powe - - rom the owner which approved of this action on his behalf.
Notarized Signature of Applicant
State of Colorad
County of_ ey 0-1 } ss
T
The foregoing instrument (Land Use Processing_ Application) was acknowledged MEUTAA MACKEY
by me is �� day of, Q , 20 15 by t NOTARY PUBLIC
r] IV, STATE OF COLORADO
commission expires �/�/20�
NOTARY ID 20134042377
My co
o commission
MY COMMISSION EXPIRES JULY 9, 2017
To be filled out by staff:
Date received q/I />`5
Comp Plan Design.�
Related Case No.
Fee S $0(2 Receipt No.
Zoning
Pre -App Mtg. Date
Case No.—M 5 - %i�- G3
Quarter Section Map, �j
Case Manager
•.