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Home My WebLink AboutWS-14-03City of � Wheat dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 February 19, 2016 Tom Dunrud Dunrud Ventures, Inc 5655 Nebraska Way Denver, CO 80224 Dear Mr. Dunrud: This letter is in regard to an application filed for approval of a six -lot final plat for property located at 11075-12015 W. 38" Avenue. The initial application was filed with the City Community Development Department on June 24, 2014. A comment letter was generated by city staff on July 23, 2014. A second comment letter was sent on August 26, 2014. Since that time, there has been no activity on your subdivision request. It is departmental policy that if no action occurs on an open case file within one hundred twenty days, the case can be closed. Subsequent action on the property will constitute a new application with new fees required. Please contact me at your earlier convenience to discuss status of your land use request. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co.us Meredith Reckert From: Dave Brossman Sent: Tuesday, June 16, 2015 2:07 PM To: Henry Hollender Cc: Meredith Reckert; Kathy Field Subject: Dunrud Sub Hi Henry— Just an FYI ... I know Mr. Dunrud was contemplating a "shared" detention facility lying along lot lines. We are currently dealing with a situation created (back in the 90's) by that very thing, and I want to alert you to the fact that I will not approve any subdivision design that does not show the detention facility within its own tract. The situation we're in here at the City has the potential to turn very ugly (and legal) regarding a similar "shared" pond. This situation has clearly identified various (negative) issues associated with a shared pond, so again, I just wanted to give you a "heads up" that I will not be approving a design that does not have the pond within its own tract so you don't spend a lot of time designing one. Call me if you have any questions. E David F. Brossman, PLS Development Review Engineer/City Surveyor 7500 W. 29th Avenue Wheat Ridge, CO 80033 Phone & Fax: 303.235.2864 www.ci.wheatrid e� co.us City of i�9rWh6atRidoe ,u. LIC WORKS CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. ITCity of Wheat jdge COMMUNY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave May 7, 2015 Tom Dunrud Dunrud Ventures, Inc 5655 Nebraska Way Denver, CO 80224 Dear Mr. Dunrud: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an aprlication filed for approval of a six -lot final plat for property located at 11075-12015 W. 38" Avenue. The initial application was filed with the City Community Development Department on June 24, 2014. A comment letter was generated by city staff on July 23, 2014. A second comment letter was sent on August 26, 2014. Since that time, there has been no activity on your subdivision request. It is departmental policy that if no action occurs on an open case file within one hundred twenty days, the case can be closed. Subsequent action on the property will constitute a new application with new fees required. Please contact me at your earlier convenience to discuss status of your land use request. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co. u s City of W heat idge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29" Ave. August 27, 2014 Mr. Curtis E. Carroll, P.L.S. Bear Creek Land Surveying 8801 W. Jewell Place Lakewood, Colorado 80227 720.933.4791 Wheat Ridge. CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: Second Review Comments of the Final Plat for the Dunrud Subdivision Plat, Case# WS -14- 03. Dear Mr. Carroll, I have completed the second review of the above referenced document received on August 19, 2014, for the proposed 6 -lot subdivision located at 11075-12015 W. 38th Avenue and I have the following comments: FINAL PLAT 1. Please be advised that an engineered water quality (WQ) pond will be designed by a Professional Engineer to address the runoff produced by the increase in impervious surface on only the northerly 3 lots. It won't include the existing lots to the south if they are to remain as -is (please refer to Additional Requirement #1 below). This affects this plat to the extent that a Drainage Easement will need to be shown on the plat for the Water Quality (or Detention) pond, and the boundary/geometry of the easement will depend on the size and location of the pond. The geometry of the pond must be determined by the engineer for the calculated volume needed. 2. In the Curve Table, please provide the central angle (A) for all curves. 3. The following pertain to the graphical (drawing) portion of the plat: a. Please show the subdivision boundary per the Legal Description (prior to the Right -of -Way dedication). b. The bearing on the east line of the subdivision (N00°21'59"W) does not correspond to the bearing found in the Legal Description (S00° 12'59"E). (Please note that the graphical boundary closes as shown and the Legal Description as - written does NOT close). c. There must be a radius of ROW dedicated at each of the following locations to allow for the construction of ADA ramps: i. A 25' radius of ROW dedication is required at the NW corner of the subdivision (at the Pierson Court & W. 38th Place intersection). ii. A 10' ROW radius of dedication is required at the SW corner of the subdivision (at the Pierson Court & W. 38th Avenue intersection). d. While it is acknowledged that the Point of Beginning is shown on the section -tie diagram, please identify the POB on the subdivision (boundary) drawing as well. 1A1%11A1.Cj.-Arheatridge.co.us Public Works Engineering August 27, 2014 Page 2 e. Provide the dimension of the ROW dedications along Pierson Court by the two radii (refer to the redlined plat). 4. In the Legend, if the Range Line linetype is not used on this plat, please remove it from the Legend. 5. In the Section -tie Diagram, since the Center'/4 Corner, Section 21 (City Mon # 14309) is used in the tie, please include the City -based coordinates for this monument. I provided the N, E, & Elev values on the redlined plat for your convenience. 6. In the Owner's Certificate: a. It is stated that the entirety of the proposed subdivision property is under ownership by Dunrud Ventures, Inc. The County parcel maps still reflect other owners (e.g., Jack Kennedy), and we acknowledge that they are of course not always up-to-date or correct. So if Dunrud has indeed acquired all properties then please furnish a copy of the deeds with the next submittal. b. Please revise the Legal Description to reflect the boundary of the subdivision as it exists today. The Right -of -Way dedication has to lie within the platted boundary in order to be dedicated by this plat. The dedication occurs only subsequent to approval of the plat and acceptance of the dedication by City Council, and recording at the county to make it of public record. c. The bearing in the last leg of the Legal Description is S00' ] 2'59"E. This bearing is different than the bearing shown on the graphical portion which is NO°21'59"W. (Please note that the graphical boundary closes as shown and the Legal Description as -written does NOT close). d. Please include the title of Mr. Dunrud (since he's representing a company). e. If the second signatory line is not needed - please remove. 7. The (Land Use) Case Number shown in the upper right-hand corner needs to be changed from MS -13-04 to WS -14-03. 8. In the two venue certificates (both City and County Clerk), the Scilicet (the "SS.") and associated parenthesis needs to be pushed to the right to align with the other two parentheses (refer to the redlined plat for further details). 9. In the City Certification the text for the Mayor needs to be pushed to the right to align with the signature line. 10. Need to adjust the margins for the Mylar&: Please be sure to provide 2" on the left side, 1" along the top, and 1/2" on remaining sides. ADDITIONAL REQUIREMENTS: 1. Final Drainage Report & Plan The magnitude of the proposed project is going to dictate what drainage improvements will be required. The more impervious surface (such as a building addition, or added asphalt or concrete pavement), the greater the drainage requirements will be. In either www.ci. w h catridge.co. u s Dunrud Subdivision_11075-12015 W38th Ave_PLAT_review-2.Itr.doca Public Works Engineering August 27, 2014 Page 3 scenario below the required drainage documents shall be signed and sealed by a Professional Engineer licensed in the State of Colorado. Please note the following: a. 0-10,000 square feet: If the amount of impervious surface added to the total subdivision area is less than 10,000 square feet, and the overall area of disturbance is less than one (1) acre in size, then this will be considered a Minor New Development under the Site Drainage Requirements. All Minor New Developments require only a Drainage Letter and Drainage Plan (1 PDF file for review) addressing 100% water quality capture volume for the added impervious surface only. b. 10,000 and greater: If the amount of impervious surface added to the total subdivision area is greater than 10,000 square feet, this will be considered a Major New Development under the Site Drainage Requirements. This could occur if one or more of the existing structures are removed and a new home constructed on the newly configured lot. A Final Drainage Report detailing how full flood attenuation with water quality will be addressed for the entire subdivision. One (1) PDF file of Final Drainage Report and Drainage Plan will be required. 2. Subdivision Improvement Agreement Prior to the issuance of any Building or Right -of -Way Construction Permits or the commencement of any construction activities, a Subdivision Improvement Agreement (SIA) will need be executed by the project owner/developer. The project owner/developer will need to contact the Dunrud Subdivision Case Manager, Ms. Meredith Reckert, Senior Planner at 303.235.2848, to obtain a copy of the SIA and for further instructions. Please note the following Exhibits A -C to be included in the SIA: a. Exhibit A: Legal Description of the property. b. Exhibit B: Copy of the Final Plat. c. Exhibit C: Approved engineer's itemized cost estimate for all public improvements (see Item 2 below). 3. Public Improvements Cost Estimate & Guarantee Prior to the recordation of the Final Plat, an itemized engineer's cost estimate shall be submitted for review and approval. Upon acceptance of this estimate, an Irrevocable Letter of Credit (ILOC) reflecting the total amount of the approved cost estimate plus 25% (125% of the total estimate) shall be submitted within ninety (90) days of the execution of the SIA and prior to commencement of any construction activities or issuance of any Building or Right -of -Way Construction Permits. The ILOC shall remain in force for the entire duration of the project, and the City reserves the right to request the ILOC be renewed if deemed necessary. 4. NPDES/CDPS Permit and Stormwater Management Plan An NPDES permit is required for all construction sites greater than one (1) acre in size. If the proposed site area to be developed during this project is greater than one acre, it shall comply with NPDES regulations. The NPDES permit for construction activities is issued by the State through the Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado Department of Public Health & Environment, Water w ww.ci.wheatridge.co.us Dunned Subdivision -1 1075-12015 W38th Ave_PLAT_review-2.Itr.docx Public Works Engineering August 27, 2014 Page 4 Quality Control Division. A Stormwater Management Plan (SWMP) detailing the Best Management Practices to be utilized both during and also post construction is required with this development. A copy of the CDPS Permit and approved Stormwater Management Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to commencement of construction activities or issuance of any Right -of -Way or Building Permits. Drainage Certification w/As-Built Plans required prior to C.O. Upon completion of the drainage improvements, the Engineer -of -Record shall provide to the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the overall site grading was completed per the approved Grading and Drainage Plans, all drainage facilities were constructed per the approved construction plans and shall function as defined in the approved Final Drainage Report/Plan, and that the site has been accurately surveyed to confirm that the grading and construction of all drainage facilities was completed in accordance with these documents. The Drainage Certification Letter shall be submitted to the City for review and approval, and shall be accompanied with As -Built Plans on the Current City Datum for all constructed drainage facilities prior to issuance of any Certificate of Occupancy. Three (3) copies of the "As -Built" Plans are to be submitted as follows: a. One (1) hardcopy is to be signed & sealed on 24" X 36" bond paper, and b. Two (2) electronic files are to be delivered on DVD/CD-ROM as follows: One (1) file in AutoCAD 2007 DWG format and one (1) file in PDF format. 6. Right -of -Way Construction Permit(s)/Licensing a. ROW Permits. Prior to any construction within the public right-of-way (ROW), the necessary Right -of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications. b. Licensing. All work within the public Right -of -Way shall only be performed by a municipally -licensed contractor. All reviews are performed electronically. Please submit for review two electronic files of the revised Plat, one in AutoCAD 2007 (or older) DWG format and one in PDF format. The electronic file may be delivered on CD-ROM or by e-mail to me at: dbrossmanAci.wheatridee.co.us . The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. www.ei.w heat ridge. co. us Dunrud Subdivision -1 1075-12015 W38th Ave_PLAT_review-2.Itr.docx Public Works Engineering August 27, 2014 Page 5 If you have any questions, please contact me at 303.235.2864. Sincerely, uavla r. tsrossman, r.L.6. City Surveyor/Development Review Engineer CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File w'wN.ci.« heatridge.co.us Dunrud Subdivision -1 1075-12015 W38th Ave_PLAT_review-2.Itr.docx O Y�ni � r5 UWHO- V) o = w Of — — — J O 2 cr z B Ili a� d 41 City of " WheatR COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 August 26, 2014 Tom Dunrud Dunrud Ventures, Inc. 5655 Nebraska Way Denver, CO 80224 Dear Mr. Dunrud: This letter is in regard to an application filed for approval of a six -lot final plat for property located at 11075-12015 W. 38` Avenue. The application has been reviewed and the following are comments regarding the second submittal. PLAT DOCUMENT 1. Designate square footage for the right-of-way dedications. 2. Add addresses for the three northern lots. Staff recommends 11070. 11090 and 11110 W. 38`h Place. 3. On your graphic, Lot 1 is addressed as 12015 which is inconsistent with the address shown on our GIS parcel map as 11111 W. 38`h Avenue. Please verify which is correct and modify the graphic accordingly. In the dedicatory statement, the acreage figures do not match in the pre -amble and the end. 4. In the City signature block, add additional room for signers. 5. Correct the title of the Director of Community Development instead of Planning and Development Director. OTHER 1. A Mineral Rights Certification is required prior to both the Planning Commission and City Council public hearings. 2. Please submit a letter requesting Case No. MS -13-04 be closed. 3. As lot width variances are required for all 6 lots, please address the variance criteria relative to the request. See attached. 4. The City's standard Subdivision Improvement Agreement will be required at the time of recording of the plat document. This will include cost estimate of proposed improvements and financial surety. 5. For publication purposes, I will need an electronic Word version of the legal description approved by Public Works by September 15. This can be emailed separately to mreckert6i4ci.wheatridge.co.us Attached are referrals received from other city departments and outside agencies regarding the plat document. Wheat Ridge Public Works: See attached letter from Dave Brossman dated August 27, 2014. Additional referral comments may be forthcoming and will be forwarded. www.d.wheatridge.co.us This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review team members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Once the changes have been made, please submit two copies of the plat document for the second review. Make sure to include an electronic copy of the plat document. This case is tentatively scheduled for Planning Commission public hearing on October 2, 2014. In order to meet this date, please resubmit revisions by September 11. For the Planning Commission packet, I will need an 11" x 17" reduction plus and electronic version by September 23. If these dates are not attainable, the next available public hearing date is October 16, 2014. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848 Sincerely, Meredith Reckert, AICP Senior Planner \ \\�` � : \\ I � / ^ �\ ��` ��/ : � \ \ } § \.\ \ . . . _ > ;;c ) G»\ /`}�{ 0 > ;;c M m 0 T [A 40 0 9 (A m 0 C7 // z T C) C) 0z cq C,) �_ .. �i\\\\{}\\\ / /\ 00 M m DUNRUD SUBDIVISION A PART OF THE SW 1/4 OF SECTION 21, I OWNSHIP 3 SOUTH, RANGE 69 WEST OF THE STH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO )ur parcelmap howl th is as 1111 W. 38th r 11110 11090 110 0 3 16 1h t N tt O k1. s n VO P, t �p1 Sa. 4 N�5 1�h z 5' EASEMENT 93.52' 114.52' 3 tt N X01 , r'p ry6 h' 0 z 1,118 SE Y\OJptS r HMS sularyou z"11 M 26.28' N 89".3'24' F o MME EUImr9M n ZONE T 25.00' 25.00.0 L S8913*12"W 93.00' CURVE TABLE GRAPHIC SCALI. .. 82.50' CURVE I LENGTH I RADIUS CHB CHORD ( IN L.S. SURVEY F1:1'" 1 IndluOe aquan ,t% 5q C1 116.14 1529.50 NB6'06'1B'E 116.11 LEGEND footage Doing C2 137.60 1479.50 S86.29'S9'v 137.55 - STAMPED PLS 37552 tledrcaled A FOUND CITY MONUMENT IRREGULAR-SHAPED AM - AS MEASURED IN FIELD - AREA HEREBY - REC - DEED OR PLAT DISTANCE DEDICATED BY �tst\f NOJp9g WEST 38TH PLACE - 1/4 SECTION UNE THIS PLAT AS RIGHT-OF-WAY _ 9 -- - 50' R -O -W EASEMENT LINE - 10' EASEMEN 7 279.52' C 2 66.76 93.67 10' EASEMEN )ur parcelmap howl th is as 1111 W. 38th r 11110 11090 110 0 3 16 1h t N tt O k1. s n VO P, t �p1 Sa. 4 N�5 1�h z 5' EASEMENT 93.52' 114.52' 3 tt N X01 , r'p ry6 h' 0 z 1,118 SE Y\OJptS r HMS sularyou z"11 M 26.28' N 89".3'24' F o MME EUImr9M n ZONE T 25.00' 25.00.0 L S8913*12"W 93.00' }. •'. 00' 10' EASEMENT GRAPHIC SCALI. .. 82.50' 82.50' ( IN L.S. SURVEY F1:1'" 1 1 tt ,t% 5q I inch n0 it 0s ea 31 LEGEND SET 05 REBAR & RED CAP - STAMPED PLS 37552 A FOUND CITY MONUMENT AM - AS MEASURED IN FIELD - ri�PF REC - DEED OR PLAT DISTANCE R -O -W - RIGHT -OF -WAV LOT LINE �tst\f NOJp9g 1/4 SECTION UNE AY RANGE LINE EASEMENT LINE - 10' EASEMEN 7 BOUNDARY LINE 1 - 1. Indlcate square footage being ded catetl _ 7 6.0 RIG,T-OF-WAY- - N00'2I'59"W HEREBY DEDICATED BY THIS PLAT 36'15 S 89'13'12" W WEST 38TH AVENUE 60' EXISTING R -O -W A i I BASIS OF BEARINGS / SECTION TIE DETAIL (1"=500') 824.76' o N INTERSTATE 170 3 C, I W 441H AVENUE U I CLEAR CREEK? � ✓' W 38TH PL a W 36H AVENUE W SITE w z � � a o a W 32ND AVENUE VICINITY YAP SCAt '=3000' added for space CASE NUMBER MS -13-04 OWNER'S CERTIFICATE I, THOMAS DUNRUD, on behalf of Dunrud Ventures, Inc., a Colorado corporation being the owner(s) of real property contoirm 1.1067 a es described as follows: That part of the East 1/2 of Tract 4, Brookside, described as follows: Commencing at the Southeast corner of Tract 4, Brookside. according to the plot thereof; thence West along the So boundary of said Tract 4, 114 anc 1/2 feel to a point; thence North on o line parallel to the East boundary line of said Tract 4, 300 feet; thence t on a line parallel to the South boundary line of said Tract 4, 114 and 1/2 feet to a point on the East line thereof; thence South 300 feet, m e or less, along the East boundary of Tract 4, to the Point of Beginning, County of Jefferson. Slate of Colorado. The west 82.5 feet of the south 300 feet of the west half of Tract 3, Brookside, ase r]o11Y ltlakll and The sou in 300 feet of the East half of the West half of Tract 3, Brookside, County of Jefferson. State of Colorado. being more particularly described as follow COMMENCING AT THE SOUTH i CORNER OF SECTION 21, TOWNSHIP 3 SOUTH GE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN4 THENCE N88'16'00"W, A DISTANCE OF 825.29 FEET TO THE POINT OF BEGINNING; THENCE 589'1 W A DISTANCE OF 279.52 FEET; THENCE NOO-21'S9 W A DISTANCE OF 281.22 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT STANCE OF 116.14 FEET, SAI# CURVE HAVING A RADIUS OF 1529.50 FEET AND A CHORD THAT BEARS N86'06'18"E. A DISTANCE OF 116.11 FEET; THE ALONG THE ARC OF A NONTANGENT CURVE TO THE RIGHT A DISTANCE OF 137.60 FEET, SAID CURVE HAVING A RADIUS OF 1479.50 FEET AND A CH MAT BEARS N8629'59'E, A DISTANCE OF 137.55 FEET; THENCE N89'13'24'E, A DISTANCE OF 26.28 FEET; THENCE S00'12'59"E, A DISTANC OF 294. ET TO THE POINT OF BEGINNING. CONTAINS 80,585 SQUARE FEET1.8523 RES MORE OR LESS. ' have laid out, subdivided and plotted saki land as per the drawing hereon contained under the name and style of Dunrud Subdivision, a subdivision of o part of the City of Wheat Ridge. Colorado and by these presmis do dedicate to the City of Wheat Ridge and the public those portions of real properly shown os right-of-woy, and do further dedicate to the City of Wheal 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 1 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 4L lights and all appurtenances thereto. 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. BASIS OF BEARINGS: THE SOUTH LINE OF THE SW 1/4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. WAS DETERMINED TO BEAR N89'13'12'E BETWEEN TWO FOUND MONUMENTS THE FIRST BEING CITY MONUMENT NO. 15209 AT THE SW CORNER OF SAID SECTION 21, A FOUND 3 1/4' BRASS CAP IN RANGE BOX PLS 13212. CITY NORTHING 705701.55 FASTING 105230.17 NAD 83 LATITUDE 39-46-09.04995 NAD 83 LONGITUDE 105-07-42.46476 THE SECOND BEING CITY MONUMENT NO. 15309 AT THE SOUTH 1/4 CORNER OF SAID SECTION 21, A FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212, CITY NORTHING 705737.48 EASTING 107869.65 NAD 83 LATITUDE 39-46-09.29629 NAD 83 LONGITUDE 105-07-08.66899. 4. PROFESSIONAL LAND SURVEYOR SEAL. DEPICTED HEREON. VALID ONLY NTH WET SIGNATURE AND DATE WRITTEN THROUGH IT. 5. ALL DISTANCES FOR THIS PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM. A. THE COORDINATE SYSTEM IS A GROUND BASED MODIFIED FORM OF THE NA083/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM IS THE NORTH AMERICAN DATUM OF 1988 (NAVD1988) C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974760300, SCALED FROM BASE POINT PHAC 1 WHICH HAS THE FOLLOWING COORDINATE VALUES: NORTHING: 1701258.75 EASTING: 3118217.58 ELEVATION: 5471.62 6. ELEVATIONS ARE RELATED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 AND ARE TIED TO CITY OF WHEAT RIDGE POINT #15309 AT THE SOUTH 1/4 CORNER SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M ELEVATION = 5402.08 ON TOP OF FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212 7. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983. CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 US SURVEY FEET AT THE 958 CONFIDENCE LEVEL, AS DEFINED IN GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 8. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L). ALL LINEAL UNITS DEPICTEDON 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 - 9. THE SUBJECT PROPERTY IS ZONED R-1. 10 PROPERTY LIES ENTIRELY WITHIN ZONE X (SHADED) 500 YEAR FLOODPLAIN, PER FIRM MAP 08059CO213F EFFECTIVE DATE OF FEBRUARY 5, 2014. ----------------- THOMAS DUNRUD ---------------------- 5655 NEBRASKA WAY DENVER, CO 80224 State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this ---- Day of --------, A.D. 2014 by ----- ______-----_. Witness my hand and official seal. My commission expires: ----------------- Notary Public SURVEYOR'S CERTIFICATE I, Curtis E. Carroll do hereby certify that the survey of the boundary of DUNRUD 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 plot accurately represents said survey. Signature CI -Y CERTIFICATION Approved this ---_ day of AT -EST -------- City Clerk Mayor Director of Planning and Developr Director of Public Works PLANNING COMMISSION CERTIFICA-101 Approved this ------- day of ______- Chairperson by the City of Wheat Ridge. Should be Director of Community Development by the Wheat Ridge Planning Com-sion. STANDARDEASEMENT IANGUAGF Ten -foot (10') wide easements are hereby granted on private property adjacent to all public streets and front and rear property lines of each lot n the subdivision or platted area. Five-foot (5') wide easements are hereby granted on private property adjacent to all side lot lines of each lot in the subdivision or platted area. These easements ore dedicated for the installation, maintenance, and replacement of electric, gas, television cable, drainage and telecommunications facilities. Utilities sholl also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. COUNTY CLERK AND RECORDERS 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- -----__O'Clock_-_ M. on the _ day of - A.D., in Book_____. Page ------- Reception No. ------ -__- JEFFERSON COUNTY CLERK AND RECORDER By: D_eput___y __________ City of '�,7V1-ieat - idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building July 23, 2014 Tom Dunrud Dunrud Ventures, Inc 5655 Nebraska Way Denver, CO 80224 Dear Mr. Dunrud: 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an apElication filed for approval of a six -lot final plat for property located at 11075-12015 W. 38 Avenue. The application has been reviewed and the following are comments regarding the first submittal. PLAT DOCUMENT 1. On the graphic, add lot numbers for the individual parcels. 2. Add addresses for the three northern lots. 3. Under Notes, indicate that zoning on the property is R-1. 4. Under Notes, indicate floodplain designation — Zone X (shaded) — 500 year floodplain. 5. In the Case History box, add the following case number: WS -14-03. 6. In the dedicatory statement, the acreage figures do not match in the pre -amble and the end. 7. In the dedicatory statement, modify the name of the subdivision from Kennedy Subdivision to Dunrud Subdivision. 8. Add an address for the property owner who is signing the document. 9. In the Surveyor's Certificate, change 2013 to 2014. 10. In the City signature block, add additional room for signers. 11. Correct the title of the Director of Community Development instead of Planning and Development Director. OTHER 1. A Mineral Rights Certification is required prior to both the Planning Commission and City Council public hearings. 2. Please submit a letter requesting Case No. MS -13-04 be closed. 3. As lot width variances are required for all 6 lots, please address the variance criteria relative to the request. See attached. 4. The City's standard Subdivision Improvement Agreement will be required at the time of recording of the plat document. This will include cost estimate of proposed improvements and financial surety. 5. For publication purposes, I will need an electronic Word version of the legal description approved by Public Works by August 16, 2013. This can be emailed separately to mreckertaci.wheatridge.co.us Attached are referrals received from other city departments and outside agencies regarding the plat document. Xcel Energy: See attached letter from Donna George dated July 18, 2014. www.d.wheatridge.co.us Northwest Lakewood Sanitation District: See attached comments from Bill Wills dated July 7, 2014. Westridge Ridge Sanitation District: See attached letter from Kim Dahlin dated July 17, 2014. Wheat Ridge Fire Protection District: See attached letter from Kelly Brooks dated July 7, 2014. Wheat Ridge Public Works: See attached letter from Dave Brossman dated July 18, 2014. Wheat Ridge Parks and Recreation Department. Will require fees in lieu of land dedication in the amount of $2497.29 per unit payable at the time of subdivision plat recording. Additional referral comments may be forthcoming and will be forwarded. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review team members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Once the changes have been made, please submit two copies of the plat document for the second review. Make sure to include an electronic copy of the plat document. This case is tentatively scheduled for Planning Commission public hearing on August 21, 2014. In order to meet this date, please resubmit revisions by August 1. For the Planning Commission packet, I will need an 11" x 17" reduction plus and electronic version by August 12. If these dates are not attainable, the next available public hearing date is September 4, 2014. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner Meredith Reckert From: KimDahlin <kdahlin@westridgesan.comcastbiz.net> Sent: Thursday, July 17, 2014 9:54 AM To: Meredith Reckert Cc: Gary Welp Subject: Case No.: WS-14-03/Dunrud Follow Up Flag: Follow up Flag Status: Flagged Dear Ms. Reckert: Regarding the above case, the Westridge Sanitation District has the following comments: The District currently serves the following addresses for single-family homes: 11075 Kennedy/ 11095 Kennedy/ 11111 Dunrud (this is listed as 12015) W. 381h Avenue The Westridge Sanitation District can serve the proposed development for a total of 6 single-family homes subject to compliance with all applicable District Rules and Regulations and subject to availability of downstream capacity at the time of actual formal application for sewer connection permit. If any of the above structures will be demolished, existing sanitary sewer service lines will need to be capped. The District must be notified 48 hours prior to capping so the District's representative may be present to observe and see that no debris is introduced into the system. There will be an observation fee payable to the District. Thank you. Kim Dahlin Office Manager Westridge Sanitation District Phone 303-424-9467 / Fax 303-424-2628 kdahlin(a)westridgesan.comcastbiz.net MARTIN/MARTIN C J Y 5 U L T 1 N G E N G I N E E R 5 July 7, 2014 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29Eh Avenue Wheat Ridge CO 80033 Email: mreckert@ci.wheatridge.co.us Re: NWLSD — Dunrud — WS -14-03 Martin/Martin, Inc Project No.: 15700.C.01 Dear Ms. Reckert, On behalf of the Northwest Lakewood Sanitation District (NWLSD), Martin/Martin Inc., acting as the District Engineer offers the following in response to the referenced referral dated July 3, 2014 concerning a request for the ability to serve new services at 11075-11095-12015 W. 38" Avenue. Existin-R—Line and Easement Requirements NWLSD has an 18 -inch diameter sanitary sewer running north to south along Pierson Ct. west of the existing lots. NWLSD also has an 18 -inch diameter sanitary sewer running east to west along W. 38" Place north of the existing lots. Currently, the lots at the above referenced addresses do not sit within NWLSD district, but are within the Westridge Sanitation District. NWLSD does have the ability to service these new lines with the mains mentioned above if the lots are exempted from Westridge Sanitation District and included into NWLSD. All lots (buildings) shall have individual services. The developer is responsible for determining depths to verify if gravity flow is capable of servicing the parcel or if private individual sewer ejector (lift station) is required. Minimum of 20' sanitary sewer easements are required for each sanitary sewer service so that access is available to the lines. Depending on the location of the existing sanitary sewer mains mentioned above, the District may require an easement for these lines in the event that they do not sit within a dedicated ROW. These mains should be within the roadway unless special circumstances warranted alternative measures. Inclusion of Lots Currently, the above referenced addresses are not a part of NWLSD. As detailed in Section 9 of the Rules and Regulations, these parcels are required to go through the process of inclusion within the District. Costs associated with this process can be provided on request and are the Developer's responsibility. A copy of the District's rules and regulations are available upon request. Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, / Bill Willis, PE Cc: Peter Italiano — SDMSI, Inc. Tim Flynn — Collins, Cockrel, Cole MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTIN MARTIN.COM WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES TOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.S900 • www.wrfire.org DIVISION OF FIRE PREVENTION July 7, 2014 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29'h Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: WS-14-03/Dunrud- 11075, 11095, 12015 W 38`h Avenue The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has no requirements or concerns regarding our ability to serve this property. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, i Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District Xcel Energysm PUBLIC SERVICE COMPANY July 18, 2014 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Re: Dunrud Major Subdivision, Case # WS -14-03 Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone_ 303.571.3306 Facsimile: 303. 571.3660 donna, l.george@xcelenergy.com Public Service Company of Colorado (PSCo) has reviewed the plans for Dunrud Major Subdivision. Please be aware PSCo owns and operates existing electric distribution facilities within the proposed project area. As the project progresses, 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 natural 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 CURVE TABLE CURVE LENGTH RADIUS CHH FC�HII�RDCI116.14 1529.50 N86'06'18'E C2 137.60 1479.50 S86'29'S9'V 7.55 IRREGULAR-SHAPED--- - __ _ AREA HER DEDICATED BY THIS PLAT AS _ RIGHT-OF-WAY I 1104.26' 2639.72' - WEST 38TH PLACE 50 R -O -W DUNRUD SUBDIVISION A PART OF THE SW 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO 11AAt tu�sWma ME 26.28' N 89'73'24' E I NAN o � v MQ r o z GRAPHIC SCALE I IN U.S. SURVEY FEET I 1 inch - 40 fv LEGEND SET #5 REBAR k RED CAP r. STAMPED PLS 37552 D FOUND CITY MONUMENT AM - AS MEASURED IN FIELD REC - DEED OR PLAT DISTANCE R -O -W - RICHT-OF-WAY -- - LOT LINE 1/4 SECTION LINE -RANGE LINE EASEMENT LINE BOUNDARY LINE 2 Jf =- N00'21'S9"W 6.0' RIGHT-OF-WAY lq' HEREBY DEDICATED BY THIS PLAT W WEST 38TH AVENUE 60' EXISTING R -O -W _ 2644.53_ N89'35'24'E WEST 1/4 CORNER SECTION 2t CENTER 1/4 CORNER SECTION 21 CITY POINT J 14309 CITY POINT # 14209 / FOUND 3 7/4" BRASS CAP IN FOUND 3 1/4" BRASS CAP IN / RANGE BOX PLS 13212 RANGE BOX PLS 13212 / zl A/� IJ H� N �l o at at BASIS OF BEARINGS / SECTION TIE DETAIL (1"=500') 824.76'_ W 44TH AVENUE u CLEAR CRE ? W 38TH PLL 11a�� W 381H AVENUE SITE Lu o: a 0 W 32ND AVENUE MdwTY YAP SCALE 1'=7000' CASE NUMBER MS -13-04 OWNER'S CERTIFICATE I, THOMAS DUNRUD, on behalf of Dunrud Ventures, Inc., o Colorado corporation being the owner(s) of real property containing 1.1067 acres described as follows: That part of the East 1/2 o1 Tract 4, Brookside, described as follows: Commencing at the Southeast corner of Tract 4, Brookside, according to the plot thereof; thence West along the South boundary of said Tract 4, 114 and 1/2 feet to a point; thence North on a line parallel to the East boundary line of said Tract 4, 3DO feel; thence East on a line parallel to the South boundary line of said Tract 4, 114 and 1/2 feet to o point on the East line thereof; thence South 300 feet. more or less, along the East boundary of Tract 4, to the Point or Beginning, County of Jefferson. Stale of Colorado. The west 82.5 feet of the south 300 feel of the west half of Tract 3, Brookside. and The south 300 feel of the East half of the West half of Tract 3, Brookside, County of Jefferson, Stale of Colorado. being more particularly described as follows: COMMENCING AT THE SOUTH I CORNER OF SECTION 21, TOWNSHIP 3 STH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE N88'76'00'W, A DISTANCE OF 825.29 FEET TO THE POINT OF BEGINNING; THENCE S89'13'12"W A DISTANCE OF 279.52 FEET; THENCE N00'21'59 W A DISTANCE OF 281.22 FEET; THENCE ALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT A DISTANCE OF 116.14 FEET, SAID CURVE HAVING A RADIUS OF 1529.50 FEET AND A CHORD THAT BEARS N86'06'18"E, A DISTANCE OF 116.11 FEET; THENCE ALONG THE ARC OF A NONTANGENT CURVE TO THE RIGHT A DISTANCE OF 137.60 FEET, SAID CURVE HAVING A RADIUS OF 1479.50 FEET AND A CHORD THAT BEARS N86'29'59'E, A DISTANCE OF 137.55 FEET; THENCE N89'13'24"E, A DISTANCE OF 26.28 FEET; THENCE SOO'12'59"E. A DISTANCE OF 294.06 FEET TO THE POINT OF BEGINNING. CONTAINS 80,685 SQUARE FEET OR 1.8523 ACRES MORE OR LESS. hove laid out. subdivided and platted said land as per the drawing hereon contained under the name and style of Dunrud Subdivision, a subdivision of a port of the City of Wheat Ridge. Colorado and by these presents do dedicate to the City of Wheat Ridge and the public those portions of real property shown as right-of-way, and do further dedicate to the City of Wheat Ridge and those municipally owned and/or municipally franchised utilities and services those lV portions of reol properly shown as easements for the construction, installation, operation, maintenance, repair and replacement for all services. This includes j but is not limited to telephone and electric lines, gas lines, water end sanitary sewer lines, hydrants, storm water systems and pipes, detention ponds, street `L lights and all appurtenances thereto. h1---MA5-- D-UNRUD - - --------------------------- 0 5655 NEBRASKA WAY DENVER, CO 80224 State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this ___-fay of _____, A.D. 2014 by ----- -_ Witness my hand and official seal. My commission expires: ---------- _______ Notary Public SURVEYOR'S CERTIFICATE I, Curtis E. Carroll do hereby certify that the survey of the boundary of DUNRUD 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 plot accurately represents sold survey. 1. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ,u THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AL.,':-- PACED 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. BASIS OF BEARINGS: THE SOUTH LINE OF THE SW 1/4 SECTION 21. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. WAS DETERMINED TO BEAR N89'13'12'E BETWEEN TWO FOUND MONUMENTS THE FIRST BEING CITY MONUMENT NO.15209 AT THE SW CORNER OF SAID SECTION 21, A FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212, CITY NORTHING 705701.55 EASTING 105230.17 NAD 83 LATITUDE 39-45-09.04995 NAD 83 LONGITUDE 105-07-42.46476 THE SECOND BEING CITY MONUMENT NO. 15309 AT THE SOUTH 1/4 CORNER OF SAID SECTION 21, A FOUND 3 1/4- BRASS CAP IN RANGE O 13212. CITY LATITUDE 39 46-09.29629 NAD 835LONGITUDE 105-07-08.66899. 17 48 EASTING 107869.65 NAD 83 4. PROFESSIONAL LAND SURVEYOR SEAL, DEPICTED HEREON. VALID ONLY WITH WET SIGNATURE AND DATE WRITTEN THROUGH IT. 5. ALL DISTANCES FOR THIS PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM. A. THE COORDINATE SYSTEM IS A GROUND BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM 15 THE NORTH AMERICAN DATUM OF 1988 (NAVD1988) C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 WHICH HAS THE FOLLOWING COORDINATE VALUES: NORTHING: 1701258.75 EASTING:3118217.58 ELEVATION: 5471.62 6. ELEVATIONS ARE RELATED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 AND ARE TIED TO CITY OF WHEAT RIDGE POINT #15309 AT THE SOUTH 1/4 CORNER SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M ELEVATION = 5402.08 ON TOP OF FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212 7. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983. CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 US SURVEY FEET AT THE 957. CONFIDENCE LEVEL. AS DEFINED IN GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 8. 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. 9. THE SUBJECT F'ROPERTY IS ZONED R-1 10 PROPERTY LIES ENTIRELY WTHIN ZONE X (SHADED) 500 YEAR FLOODPLAIN, PER FIRM MAP 08059CO213F EFFECTIVE DATE OF FEBRUARY 5, 2014. -----_----Signature CI'Y CERTIFICATION Approved this ___ day of ATTEST -------- City Clerk � Mayor Director of Planning and Development T__-_-_ _____________ __-_ ---- PLANNING 01 Public Works PLANNING COMMISSION CERTIFICA-ION Approved this _______ day of _. Chairperson ------------------ by the City of Wheel Ridge. by the Wheal Ridge Planning Commission. STANDARD EASEMENT I.ANGUAGF Ten -foot (10') wide easements are hereby granted on private properly adjacent to all public streets and front and rear property lines of each lot n the subdivision or platted area. Five -fool (5') wide easements ore hereby granted on private properly odjocent to all side lot lines of each lot In the subdivision or platted area. These easements ore dedicated for the installation, maintenance. and replacement of electric, gas, television Coble, drainage and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) ) SS County of Jefferson ) I hereby of that this plot was filed in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado. at ______0__'Clock__u M. on the ____ day of A.O.. in Book____. Page___--. Reception No. ------- JEFFERSON COUNTY CLERK AND RECORDER By------------ Deputy n POINT OF BEGINNING {11r-TIiI'''''1I1I�1IIl/'' S."i'00"vr 1649.79' _ L�L1-=_.825 29' BASIS OF BEARINGS S89^_" SOUTH LINE SW 1/4 SECTION 2T. '-r. ET -=.M 2639.72' PO; N' OF COYVE4CEMENT SOUTH 1/4 CORNER SEC -CN 21 SW CORNER SECTION 21 CITY POINT /15309 CITY POINT 0 15209 N: 70573748 E 107869.65 N: 705701.55 E: 105230.17 ELEVATION: 5402.08 LATITUDE: 39-46-09.04995 LATTIUUE 39-A6-09.29692 LONGIIUDE: 105-07-42.46476 LONGITUDE: 105-07-08.66899 FOUND 3 1/4' BRASS CAP IN FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212 RANGE BOX PLS 13212 BASIS OF BEARINGS / SECTION TIE DETAIL (1"=500') 824.76'_ W 44TH AVENUE u CLEAR CRE ? W 38TH PLL 11a�� W 381H AVENUE SITE Lu o: a 0 W 32ND AVENUE MdwTY YAP SCALE 1'=7000' CASE NUMBER MS -13-04 OWNER'S CERTIFICATE I, THOMAS DUNRUD, on behalf of Dunrud Ventures, Inc., o Colorado corporation being the owner(s) of real property containing 1.1067 acres described as follows: That part of the East 1/2 o1 Tract 4, Brookside, described as follows: Commencing at the Southeast corner of Tract 4, Brookside, according to the plot thereof; thence West along the South boundary of said Tract 4, 114 and 1/2 feet to a point; thence North on a line parallel to the East boundary line of said Tract 4, 3DO feel; thence East on a line parallel to the South boundary line of said Tract 4, 114 and 1/2 feet to o point on the East line thereof; thence South 300 feet. more or less, along the East boundary of Tract 4, to the Point or Beginning, County of Jefferson. Stale of Colorado. The west 82.5 feet of the south 300 feel of the west half of Tract 3, Brookside. and The south 300 feel of the East half of the West half of Tract 3, Brookside, County of Jefferson, Stale of Colorado. being more particularly described as follows: COMMENCING AT THE SOUTH I CORNER OF SECTION 21, TOWNSHIP 3 STH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE N88'76'00'W, A DISTANCE OF 825.29 FEET TO THE POINT OF BEGINNING; THENCE S89'13'12"W A DISTANCE OF 279.52 FEET; THENCE N00'21'59 W A DISTANCE OF 281.22 FEET; THENCE ALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT A DISTANCE OF 116.14 FEET, SAID CURVE HAVING A RADIUS OF 1529.50 FEET AND A CHORD THAT BEARS N86'06'18"E, A DISTANCE OF 116.11 FEET; THENCE ALONG THE ARC OF A NONTANGENT CURVE TO THE RIGHT A DISTANCE OF 137.60 FEET, SAID CURVE HAVING A RADIUS OF 1479.50 FEET AND A CHORD THAT BEARS N86'29'59'E, A DISTANCE OF 137.55 FEET; THENCE N89'13'24"E, A DISTANCE OF 26.28 FEET; THENCE SOO'12'59"E. A DISTANCE OF 294.06 FEET TO THE POINT OF BEGINNING. CONTAINS 80,685 SQUARE FEET OR 1.8523 ACRES MORE OR LESS. hove laid out. subdivided and platted said land as per the drawing hereon contained under the name and style of Dunrud Subdivision, a subdivision of a port of the City of Wheat Ridge. Colorado and by these presents do dedicate to the City of Wheat Ridge and the public those portions of real property shown as right-of-way, and do further dedicate to the City of Wheat Ridge and those municipally owned and/or municipally franchised utilities and services those lV portions of reol properly shown as easements for the construction, installation, operation, maintenance, repair and replacement for all services. This includes j but is not limited to telephone and electric lines, gas lines, water end sanitary sewer lines, hydrants, storm water systems and pipes, detention ponds, street `L lights and all appurtenances thereto. h1---MA5-- D-UNRUD - - --------------------------- 0 5655 NEBRASKA WAY DENVER, CO 80224 State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this ___-fay of _____, A.D. 2014 by ----- -_ Witness my hand and official seal. My commission expires: ---------- _______ Notary Public SURVEYOR'S CERTIFICATE I, Curtis E. Carroll do hereby certify that the survey of the boundary of DUNRUD 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 plot accurately represents sold survey. 1. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ,u THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AL.,':-- PACED 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. BASIS OF BEARINGS: THE SOUTH LINE OF THE SW 1/4 SECTION 21. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. WAS DETERMINED TO BEAR N89'13'12'E BETWEEN TWO FOUND MONUMENTS THE FIRST BEING CITY MONUMENT NO.15209 AT THE SW CORNER OF SAID SECTION 21, A FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212, CITY NORTHING 705701.55 EASTING 105230.17 NAD 83 LATITUDE 39-45-09.04995 NAD 83 LONGITUDE 105-07-42.46476 THE SECOND BEING CITY MONUMENT NO. 15309 AT THE SOUTH 1/4 CORNER OF SAID SECTION 21, A FOUND 3 1/4- BRASS CAP IN RANGE O 13212. CITY LATITUDE 39 46-09.29629 NAD 835LONGITUDE 105-07-08.66899. 17 48 EASTING 107869.65 NAD 83 4. PROFESSIONAL LAND SURVEYOR SEAL, DEPICTED HEREON. VALID ONLY WITH WET SIGNATURE AND DATE WRITTEN THROUGH IT. 5. ALL DISTANCES FOR THIS PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM. A. THE COORDINATE SYSTEM IS A GROUND BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM 15 THE NORTH AMERICAN DATUM OF 1988 (NAVD1988) C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 WHICH HAS THE FOLLOWING COORDINATE VALUES: NORTHING: 1701258.75 EASTING:3118217.58 ELEVATION: 5471.62 6. ELEVATIONS ARE RELATED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 AND ARE TIED TO CITY OF WHEAT RIDGE POINT #15309 AT THE SOUTH 1/4 CORNER SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M ELEVATION = 5402.08 ON TOP OF FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212 7. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983. CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 US SURVEY FEET AT THE 957. CONFIDENCE LEVEL. AS DEFINED IN GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 8. 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. 9. THE SUBJECT F'ROPERTY IS ZONED R-1 10 PROPERTY LIES ENTIRELY WTHIN ZONE X (SHADED) 500 YEAR FLOODPLAIN, PER FIRM MAP 08059CO213F EFFECTIVE DATE OF FEBRUARY 5, 2014. -----_----Signature CI'Y CERTIFICATION Approved this ___ day of ATTEST -------- City Clerk � Mayor Director of Planning and Development T__-_-_ _____________ __-_ ---- PLANNING 01 Public Works PLANNING COMMISSION CERTIFICA-ION Approved this _______ day of _. Chairperson ------------------ by the City of Wheel Ridge. by the Wheal Ridge Planning Commission. STANDARD EASEMENT I.ANGUAGF Ten -foot (10') wide easements are hereby granted on private properly adjacent to all public streets and front and rear property lines of each lot n the subdivision or platted area. Five -fool (5') wide easements ore hereby granted on private properly odjocent to all side lot lines of each lot In the subdivision or platted area. These easements ore dedicated for the installation, maintenance. and replacement of electric, gas, television Coble, drainage and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) ) SS County of Jefferson ) I hereby of that this plot was filed in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado. at ______0__'Clock__u M. on the ____ day of A.O.. in Book____. Page___--. Reception No. ------- JEFFERSON COUNTY CLERK AND RECORDER By------------ Deputy Meredith Reckert From: Meredith Reckert Sent: Friday, July 25, 2014 10:45 AM To: 'Tom Dunrud' Subject: RE: Dunrud Sub comments Thanks for your inquiry, Tom. With regard to the parkland fee, this intent is that it be used by our Parks and Recreation Department to offset the costs and impacts of new residents in the City. You are correct in questioning the need for all six parcels. Because there are three existing homes, the fees would only be for the new homes reducing the fee to $7491.87. This should have been one of the discussion items in your pre -application meeting with city staff. Let me know if you have additional questions. Meredith Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 City of `JV heat Nd2c CommuNinr DEvEcopmmi From: Tom Dunrud [mailto:tom(andsmortgage.com] Sent: Friday, July 25, 2014 8:54 AM To: Meredith Reckert Subject: Dunrud Sub comments Hi Meredith, I have forwarded the comments and change requests to my land surveyor for review and revisions. You mention in your comments that Wheat Ridge Parks and Rec will charge a fee of nearly $2500 per unit. This is the first that I've heard of this fee, can you please clarify what this is for? Is it for all 6 lots or just the 3 new lots that will be created. Most of the other revisions seem relatively simple to complete, so I will begin the process and re -submit soon. Thank you, Tom Dunrud 303-667-8258 From: Meredith Reckert [maiIto: mreckert(a)ci.wheatrid e.co.us] Sent: Thursday, July 24, 2014 12:37 PM To: tom(a)hdsmortgage.com Subject: comments Hi, Tom Attached are the City's first round comments. Let me know if you have any questions. 1 Meredith Reckert From: KimDahlin <kdahlin@westridgesan.comcastbiz.net> Sent: Thursday, July 17, 2014 9:54 AM To: Meredith Reckert Cc: Gary Welp Subject: Case No.: WS-14-03/Dunrud Follow Up Flag: Follow up Flag Status: Flagged Dear Ms. Reckert: Regarding the above case, the Westridge Sanitation District has the following comments: The District currently serves the following addresses for single-family homes: 11075 Kennedy/ 11095 Kennedy/ 11111 Dunrud (this is listed as 12015) W. 38`h Avenue The Westridge Sanitation District can serve the proposed development for a total of 6 single-family homes subject to compliance with all applicable District Rules and Regulations and subject to availability of downstream capacity at the time of actual formal application for sewer connection permit. If any of the above structures will be demolished, existing sanitary sewer service lines will need to be capped. The District must be notified 48 hours prior to capping so the District's representative may be present to observe and see that no debris is introduced into the system. There will be an observation fee payable to the District. Thank you. Kim Dahlin Office Manager Westridge Sanitation District Phone 303-424-9467 / Fax 303-424-2628 kdahl inna.westrid4esan.comcastbiz. net Meredith Reckert From: Margaret Paget Sent: Tuesday, July 08, 2014 6:39 AM To: Joyce Manwaring; Rick Murray Cc: Meredith Reckert Subject: FW: WS -14-03 referral The trees on site are "weedy' and it would be a mistake to tiptoe construction around them as they really are not worth saving. I concur with your assessment Meredith. Margaret Paget Forestry and Open Space Supervisor Office Phone: 303-205-7554 i City Of W heatid e PARES AND RECREATION From: Meredith Reckert Sent: Monday, July 07, 2014 4:03 PM To: Margaret Paget Subject: RE: WS -14-03 referral Doesn't like there's much out there anyway so don't worry about it. Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 City of Wheat le COMMUN17N DF.Vtl0PM1:N1 From: Margaret Paget Sent: Monday, July 07, 2014 2:33 PM To: Meredith Reckert Subject: RE: WS -14-03 referral Cannot locate 12015 W.381h on a map ... the other two addresses looks like they are side by side. Lauren Mikulak From: Tom Dunrud <tom@hdsmortgage.com> Sent: Friday, June 20, 2014 9:34 AM To: Lauren Mikulak Subject: RE: 38th Avenue Attachments: Pre Application Letter 2.pdf, Warranty Deed - Jack.pdf; Warranty Deed.pdf Hi Lauren, Here is a revised letter regarding the development of the lots. Also, please take a closer look at the warranty deeds. All lots are currently vested in my company Dunrud Ventures, Inc. Jack financed the second purchase with a private note and deed of trust so if we need his consent in that capacity I can ask him for something in writing. Please let me know. Thanks again, Tom Dunrud 303-667-8258 From: Lauren Mikulak[mailto:lmikulakCai)ci.wheatridge.co.us] Sent: Thursday, June 19, 2014 1:43 PM To: Tom Dunrud Subject: RE: 38th Avenue Thanks, Tom. I talked to Curt and we'll address the angles with the second submittal. Two notes: your narrative does not address whether you or a third party will develop the vacant lots. We also need to know whether or not you have plans for the existing structures—if they will be demolished or not, or whether you know. Lastly, it appears that Jack still has ownership of the some of the lots. That being the case you will need to provide written permission from him that allows you to proceed with the application. I was under the impression that you owned everything, which is why it wasn't on my list earlier this week. Once these items and the checklist are received I can send the application on referral. I'll let you know when it goes out. Thank you, Lauren E. Mikulak, AICP Planner II Office Phone: 303-235-2845 From: Tom Dunrud [maiIto: tom(@hdsmortgaoe.coml Sent: Thursday, June 19, 2014 1:29 PM To: Lauren Mikulak Subject: 38th Avenue Hi Lauren, My land surveyor, Curt Carroll, should be calling you today. He said there is one of the angles that was not provided with the initial submission. Here are the items that you've requested: 1. Cover Letter 2. Proof of ownership - Warranty Deeds 3. Title Commitments –One commitment has two of the properties and the other has just one 4. Curt will send the checklist once you two have spoken. Thanks, let me know if you need anything else. z -) DUNRUD SUBDIVISION A PART OF THE SW 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO CURVE TABLE CURVE LENGTH RADIUS CHB CHORD CI 116.14 1529.50 NB6'06'18'E It6.11 C2 137.60 1479.50 S86 -29'59-W 1 137.55 IRREGULAR-SHAPED -- _ AREAHEREBY DEDICATED BY WEST 38TH PLACE THIS PLAT AS 50' R -O -W RIGHT-OF-WAY 26`28' BIW sugmv" 2WNE W 5 89'131Y A' 2i5. S2 I _ 6.0' RIGHT-OF-WAYJ HEREBY DEDICATED BY THIS PLA7 1104.28' 2639.72' WEST 38TH AVENUE 60' EXISTING R -O -W f [7FM '' IM T 25.00' 2500 I L �URW^EY FEE" 1 Q f:. LAND SET #5 REBAR At RED CAP STAMPED PLS 37552 a FOUND CITY MONUMENT AM - AS MEASURED IN FIELD REC - DEED OR PLAT DISTANCE R -O -W - RIGHT-OF-WAY LOT LINE -- 1/4 SECTION LINE -- - RANGE LINE EASEMENT LINE BOUNDARY LINE v00'21'59"W 36.19' S 89'13'12" W 824.76' BASIS OF BEARINGS / SECTION TIE DETAIL (1"=500') 3 to W 4 fH AVENUE in CLEAR CRE U 3 W 38TH PL aX 3tl IH AVENUE SITE 4 o: a a W 32ND AVENUE MC" IIAP SCALE 1'.30W 1 r CASE NUMBER MS -13-04 OWNER'S CERTIFICATE I. THOMAS DUNRUD, on behalf of Dunrud Ventures, Inc., o Colorado corporation being the owner(s) of real properly containing 1.1067 acres described c. follows: That port of the East 1/2 of Tract 4, Brookside. described as follows. Commencing of the Southeast corner of Tract 4, Brookside, according to the plot thereof; thence West along the South boundary of Said Tract 4, 114 and 1/2 feel to a point; thence North on a line porollel to the East boundary line of said Tract 4, 3DO feet; thence East on a line parallel to the South boundary line of said Tract 4, 114 and 1/2 feet to a point on the East line thereof; thence South 300 feet, more or less, along the East boundary of Trac. 4, to the Point of Beginning, County of Jefferson, Stale of Colorado. The west 82.5 feet of the south 300 feet of the west half of Tract 3. Brookside, and The south 300 feet of the East half of the West half of Tract 3, Brookside, County of Jefferson, Stale of Colorado. being more particularly described as follows: COMMENCING AT THE SOUTH 3 CORNER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 67H PRINCIPAL MERIDIAN, THENCE N88'16'00"W. A DISTANCE OF 825.29 FEET TO THE POINT OF BEGINNING; THENCE 589'13'12"W A DISTANCE OF 279.52 FEET; THENCE NDO'21'59 W A DISTANCE OF 281.22 I.: THENCEALONG THE ARC OF A NONTANGENT CURVE TO THE LEFT A DISTANCE OF 116.14 FEET. SAID CURVE HAVING A RADIUS OF 1529.50 FEET AND A CHORL THAT BEARS N86'06'18"E. A DISTANCE OF 116.11 FEET; THENCE ALONG THE ARC OFA NONTANGENT CURVE TO THE RIGHT A DISTANCE OF 137.60 FEET, SAID CURVE HAVING A RADIUS OF 1479.50 FEET AND A CHORD THAT BEARS N8629'59'E, A DISTANCE OF 137.55 FEET; THENCE N89'13'24"E. A DISTANCE OF 26.2h FEET; THENCE SOO'12'59"E. A DISTANCE OF 294.06 FEET TO THE POINT OF BEGINNING. ICONTAINS 80.685 SQUARE FEET OR 1.8523 ACRES MORE OR LESS, hove laid out, subdivided and platted said land as per the drawing hereon contained under the name and style of Kennedy Subdivision, a subdivision of a P. of the Cily of Wheat Ridge, Colorado and by these presents do dedicate to the City of Wheal Ridge and the public those portions of real property shown as right-of-way, and do further dedicate to the City of Wheat Ridge and those municipally owned and/or municipally franchised utilities and services those portions of real property 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, stree: lights and all appurtenances thereto. --------------------- -------------------- THOMAS DUNRUD Slate of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this ---- Day of ______, A.D. 2013 by__________ Witness my hand end official seal. My commission expires: 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. BASIS OF BEARINGS: THE SOUTH LINE OF THE SW 1/4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. WAS DETERMINED TO BEAR N89'13'12"E BETWEEN TWO FOUND MONUMENTS THE FIRST BEING CITY MONUMENT NO. 15209 AT THE SW CORNER OF SAID SECTION 21, A FOUND 3 1/4' BRASS CAP IN RANGE BOX PLS 13212. CITY NORTHING 705701.55 EASTING 105230.17 NAD 83 LATITUDE 39-46-09.04995 NAD 83 LONGITUDE 105-07-42.46476 THE SECOND BEING CITY MONUMENT NO. 15309 AT THE SOUTH 1/4 CORNER OF SAID SECTION 21, A FOUND 3 1/4' BRASS CAP IN RANGE BOX PLS 13212, CITY NORTHING 705737.48 EASTING 107869.65 NAD 83 LATITUDE 39-46-09.29629 NAD 83 LONGITUDE 105-07-08.66899. 4. PROFESSIONAL LAND SURVEYOR SEAL, DEPICTED HEREON, VALID ONLY WITH WET SIGNATURE AND DATE WRITTEN THROUGH IT. 5. ALL DISTANCES FOR THIS PLAT ARE SHOWN USING (GROUND) MODIFIED STATE PLANE MEASUREMENTS CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM. A. THE COORDINATE SYSTEM IS A GROUND BASED MODIFIED FORM OF THE NA083/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. B. VERTICAL DATUM IS THE NORTH AMERICAN DATUM OF 1988 (NAVD1988) C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 WHICH HAS THE FOLLOWING COORDINATE VALUES: NORTHING: 1701258.75 EASTING:3118217.58 ELEVATION: 5471.62 6. ELEVATIONS ARE RELATED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 AND ARE TIED TO CITY OF WHEAT RIDGE POINT #15309 AT THE SOUTH 1/4 CORNER SECTION 21, TOWNSHIP 3 SOUTH. RANCE 69 WEST OF THE 6TH P.M ELEVATION = 5402.08 ON TOP OF FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 13212 7. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 US SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). B. 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. 9. THE SUBJECT PROPERTY IS ZONED R-1. 10 PROPERTY LIES ENTIRELY WITHIN ZONE X (0.2% CHANCE OF ANNUAL FLOODING) PER FIRM MAP 08059CO215E EFFECTIVE DATE OF JUNE 17, 2003. Notary Public SURVEYOR'S CERTIFICATE I, Curtis E. Carroll do hereby certify that the survey of the boundary of DUNRUD SUBDIVISION was made by me or u to the best of my knowledge, information and belief, in accordance with all applicable Colorado statutes, current revised edition as amended, the accompanying plot accurately represents said survey. Signoture CI -Y CERTIFICATION Approved this ____ day of__- AI'LSI City Clerk may Director o1 Planning and Development Director of Public Works PLANNING COMMISSION CERTIFICA"ION Approved this _______ day of _. ----------- -__-__-___ Chairperson by the City of Wheat Ridge. by the Wheat Ridge Planning Commission. STANDARDEASEMENT LANGUAGE Ten -foot (10') wide easements ore hereby granted on private property adjacent to all public streets and front and rear property lines of each lot n the subdivision or platted area. Five-foot (5') wide eosemenls ore hereby granted on private property adjacent to all side lot lines of each lot �n the subdivision or plotted area. These easements are dedicated for the installation, maintenance. and replacement of electric, gas, television cable, drainage and telecommunications facilities. Utilities sholl also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) ) SS County of Jefferson ) I hereby certify that this plot 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_ A.D., in Book ------ Page___-_. Reception No._________- JEFFERSON COUNTY CLERK AND RECORDER By: -------------- Deputy 3o ,s PERSON COURT R-owgmS Noo 2'13 % 300 00 110.00' 91 110.00' .&'# {\ 2ao>2 a§ § $ \® =®§>g \()+( j<§e � �Rk § c>--ik �5@e Fol q� \° $//)� /§ - & »} a �{ � t ft < 132.70' �0m �\ »4.a' \ Q ƒ klt , > ,e.so \ > ® 110.00' .&'# k 151.90'� c A c: _ LQ m� § c>--ik �5@e Fol q� 0 % z k - & � »4.a' \ Q ƒ klt , > ,e.so / �o� > ® � k c A c: J z - R § c>--ik �RV)3)% »4.a' \ Q ƒ klt , > k �} c>--ik �RV)3)% �0m @3 m- ■ 2 co\§\§\§\§/} �� Ci ca it = \ \ \ } § \ \ \ z § / _ Fri � � \ c') \ rn / M — k � _\ §\i Lauren Mikulak From: Lauren Mikulak Sent: Wednesday, November 06, 2013 4:24 PM To: 'Tom Dunrud' Subject: RE: 11111 West 38th Ave Attachments: Sketch plan.pdf Tom, Thanks for sending over the plat. A few comments: • Without Tract A, the property in the northwest corner only has legal access to W. 38'h Place. This lot has an unusual shape, namely the north lot line would be considered the frontage. Since this lot line is less than 100 feet in width it would require a variance, and because of the R-1 setbacks for a corner property, the resulting developable area is very long and narrow at about 40 feet in width. (Setbacks are 30 feet along street sides and 15 feet from internal lot lines.) • Staff would prefer to support a variance that results in a more regular lot configuration. Attached is a sketch that we discussed today. This shows all lots meeting the minimum 12,500 square feet. The northern three lots would each require a width variance, but staff is more likely to support variances that result in more regular lot configurations. Ultimately, City Council will have to approve this plat, but without Tract A there will have to be a variance either way for one or more of the new lots. Lauren E. Mikulak Planner II Office Phone: 303-235-2845 From: Tom Dunrud f mailto:tom(�i)hdsmortgage.com] Sent: Wednesday, November 06, 2013 12:00 PM To: Lauren Mikulak Subject: RE: 11111 West 38th Ave Hi Lauren, Sorry I must have glossed over your email yesterday. Ideally I would like to access the NW lot from Pierson Court but if necessary we could have access from 38`h Place. I have not yet spoken to the HOA that owns that small sliver lot, I will try to reach them today. Thanks again for your help. Please let me know your thougths. Tom =8^) From: Lauren Mikulak [ma iIto: Imikulak@ci.wheatridge co us] Sent: Tuesday, November 05, 2013 4:33 PM To: Tom Dunrud Subject: RE: 11111 West 38th Ave Tom, I'll get comments from our internal development review team tomorrow afternoon and get back to you. Do you have any update on Tract A (the spite strip) along Pierson? Where do you envision the access for the northwest lot? Thanks, Lauren E. Mikulak Planner II Office Phone: 303-235-2845 From: Tom Dunrud [mailto•tom@hdsmortgage.com] Sent: Tuesday, November 05, 2013 4:01 PM To: Lauren Mikulak Subject: 11111 West 38th Ave Hi Lauren, I hope you had some good time off last week. Here is a basic proposal on what Jack Kennedy and I would like to do with the properties at that corner. Instead of going for a zoning change we would like to try to create 6 distinct R-1 lots as shown in the attached drawing. Please take a look and let me know your thoughts. Thanks for your help. Tom Dunrud 303-667-8258 DUNRUD VENTURES, INC June 17, 2014 City of Wheat Ridge Community Development 7500 West 291h Avenue Wheat Ridge, CO 80033 Re: Dunrud Subdivision Project 11075, 11095, 11111 West 38th Avenue Wheat Ridge, CO 80033 To Whom It May Concern: I would like to propose a sub -division of 3 lots near the corner of 38th Avenue and Pierson Court in Wheat Ridge. Currently the three lots contain 83,850 square feet or 1.92 acres. By combining the three lots and creating new lot boundaries, we hope to be able to create six R-1 building sites which will meet all of the current square footage requirements and will require only slight exceptions regarding lot frontage. There are some minor variances involved regarding the street frontage of some of the proposed lots. This is due to the fact that the existing lot lines do not have full 100' street frontage. With the current design the lot size requirements are easily met and the integrity of the neighborhood is still preserved. There is no substantial development necessary right away for the lots. The proposed lots will all have access and the 3 north lots already have curb and gutter installed. The 3 south lots currently have homes on them and these structures will remain as -is for the short term. A fence will be installed to separate the north lots from the south and eventually between each of the south lots. The lots will initially be listed for sale and further development will be up to the final buyer(s) of the property. The homes on the south lots may be demolished and rebuilt or the structures may be rehabilitated and either rented or sold. Please refer to the attached drawings and the documents requested by Wheat Ridge to review this project. Let me know if you have any questions or concerns in this matter. Sincerely, Thomas Dunrud Owner/President 303-667-8258 5655 Nebraska Way, Denver, CO 80224 Phone 303-667-8258 Fax303-733-7708 City of "� Wh6atPNjj-ddge MMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS; You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, —ASI T)" as of/with (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for set for public hearing on (Describe type of application) 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. •' lel Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this day of , 20LY I1A Parcel name: dunrud North: 706056.4971 Line Course: S 00-21-59 E North: 705762.4431 Line Course: S 89-13-12 w North: 705758.6380 Line Course: N 00-21-59 w North: 706039.8522 Curve Leng9th: 116.14 Delta: 4-21-03 Chord: 116.11 Course In: N 01-43-11 w RP North: 707568.6633 End North: 706047.7401 Curve Lenggth: 137.60 Delta: 5-19-43 Chord: 137.55 Course In: S 06-09-52 E RP North: 704576.7949 End North: 706056.1375 Line Course: N 89-13-24 E North: 706056.4937 CLOSURE East : 107042.8547 Length: 294.06 East 107044.7351 Length: 279.52 East 106765.2410 Length: 281.22 East 106763.4427 Radius: 1529.50 Tangent: 58.10 Course: N 86-06-18 E Course Out: S 06-04-14 E East 106717.5419 East 106879.2912 Radius: 1479.50 Tangent: 68.85 Course: N 86-29-59 E Course Out: N 00-50-09 w East 107038.1635 East 107016.5813 Length: 26.28 East 107042.8588 Perimeter: 1134.82 area: 80,685 sq. ft. 1.85 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0054 Course: S 50-33-48 E Error North: -0.00342 East : 0.00416 Precision 1: 210,151.85 Page 1 ( i1v (A Wheat irIge Geodetic Surveying Requirements for Final Plats TITLE OF PLAT: 0 UA R o 1) S U I,:) j 1` V i'S 1'!D ✓t Notice to Surveyor: Initial each item as completed. This form shall accompany the Final Plat submittal. 1. All distances for the above referenced Plat are shown using (ground) modified State Plane measurements (U.S. survey feet rounded to the nearest 0.01) consistent with the Current City Datum, AND the following datum information is shown on the Final Plat: a. The 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. 2. Modified State Plane coordinates consistent with the Current City Datum are shown on the Final at 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. 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: ya. Section corners. .� b. Quarter -section comers. 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 6,. The following information is included on the Plat for all monuments used: ,,. a. The City -based monument identification number. b. Modified State Plane coordinates on the Current City Datum (as supplied by the City). 7. -Provide one (1) 24"X 36" paper copy on the Current City Datum as listed on this Plat, with all �_ - �iearings 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 f provided with the Plat submittal as follows: a. One (1) file in the currently acceptable version of AutoCAD DWG format (please f, 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 HA.RN 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. C o•-. t' v�': C -�� Surveyor Name (Please Print) Surveyor Signature r.c l & 1"C P L.rteW S0/0,/`' 1 _ t / Q Firm Date 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: Or contact the Department of Public Works, Engineering Division at 303.235.2861. Rev 11/12 CapitI Title Date: March 21, 2014 Order Number: 533653 Buyer: Dunrud Ventures, Inc., a Colorado Corporation Seller: Jack T. Kennedy Property Address: 11075 & 11095 West 38th Avenue, Wheat Ridge, CO 80033 Tax Schedule Number: 048878 & 048880 SELLING BROKER: ATTACHED PLEASE FIND THE FOLLOWING: Title Commitment Tax Information SELLER: Jack T. Kennedy BUYER/BORROWER: Dunrud Ventures, Inc., a Colorado Corporation LENDER: Owner Carry Settlement Agent: Troy Valder 12081 W. Alameda Parkway #250 Lakewood, CO 80228 (303) 351-8271 DIRECT (866) 471-6865 FAX troy @capitaltitle.us We Appreciate Your Business And Look Forward to Serving 1'ou in the Future. American Land Title Association Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY stewart title guaranty company Order Number: 533653 STEWART TITLE GUARANTY COMPANY, a Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. The Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Order Number: 533653 004—UN ALTA Commitment for Title Insurance 0/ 17/00 r 17— Chaf the Board L~n'. 19 0 8 o+i Countersigned: rr op Authorized Countersignature Capital Title, LLC 42 REFERENCE OUR ORDER NO.: 533653 We Appreciate Your Business And Look Forward to Serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 19, 2014 at 7:45 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: Dunrud Ventures, Inc., a Colorado Corporation (b) A.L.T.A. Loan No Loan Policy to be issued hereunder Order Number: 533653 Amount of Insurance $500,000.00 $400,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: Jack T. Kennedy 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 11075 & 11095 West 38th Avenue Wheat Ridge, Colorado 80033 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued: Basic Rate 2006 Owner's Policy: $ 1,740.00 Owner's Extended: 60.00 GEC -1 Inflation: 2006 Loan Policy: -na- Tax Information — Two Parcels @ $25.00 each: 50.00 (Sch. # 048878 & 048880 ) Form 100 (LTP): Form 8.1 (LTP): Form 115.1 (LTP): Form 115.2 (LTP): Form 100.30 (LTP): Extra Parcel Charge: 250.00 Chain of Title: 20,00 We Appreciate Your Business And Look Forward to Serving You in the Future. Exhibit A LEGAL DESCRIPTION Order No.: 42533653 PARCEL 1 The South 300 feet of the East Half of the West Half of Tract 3, Brookside, County of Jefferson, State of Colorado. (Sch. # 048880) PARCEL2 The West 82.5 feet of the South 300 feet of the West Half of Tract 3, Brookside, County of Jefferson, State of Colorado. (Sch. # 048878) We Appreciate Your Business And Look Forward to Serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 533653 The following are the requirements to be complied with: (a) Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. N Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to ,sit: 1. Warranty Deed from the vested owner, vesting fee simple title in the purchaser. (C) Evidence satisfactory to the Company that all assessments for common expenses due under the restrictive covenants referred to in Schedule B, Section 2 thereof, have been paid. (d) Receipt by the Company of the attached Survey Affidavit. NOTE: Exception will be taken to any adverse matters disclosed. (e) Receipt by the Company of agreement indemnifying it against unfiled mechanics' and materialmens' liens. NOTE: If the property is currently under construction or new improvements have been made, this commitment is subject to further requirements. (f) Payment of all taxes and assessments now due and payable. NOTE: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). We Appreciate Your Business And Look Forward to Serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 533653 The policy or policies to be insured will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by laws and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; (d) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public Records or listed in Schedule B. 7. a. Taxes for the year 2014, and subsequent years; special assessments or charges not certified to the County Treasurer. NOTE: IF THE FIRST ONE-HALF OF TAXES FOR THE YEAR 2013 ARE PAID,THE ABOVE EXCEPTION WILL BE REVISED TO READ AS FOLLOWS: Taxes for the second half of the year 2013, now due and payable, but not yet delinquent, and subsequent years; special assessments or charges not certified to the County Treasurer. (NOTE: This will appear on the Owner's Policy only.) b. Taxes for the year 2014, a lien, but not yet due or payable. NOTE: IF THE FIRST ONE-HALF OF TAXES FOR THE YEAR 2013 ARE PAID, THE ABOVE EXCEPTION WILL BE REVISED TO READ AS FOLLOWS: Taxes for the second half of the year 2013, now due and payable, but not yet delinquent. (NOTE: This will appear on the Loan Policy only.) 8. Notes, easements, rights of way, restrictions, covenants, and all other matters or conditions as shown and set forth on the recorded plat of said subdivision. 9. Any and all existing Leases or Tenancies. We Appreciate Your Business And Look Forward to Serving You in the Future. MINERAL DISCLOSURE Order No: 533653 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. We Appreciate )'our Business And Look Forxvard to Serving }'ou in the Frdure. DISCLOSURES Order No. 533653 Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRCT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Capital Title, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded lines will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. We Appreciate Your Business And Look Forward to Serving You in the Future. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Capital Title, LLC. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We Appreciate Your Business And Look Forward to Serving You in the Future. Capital Title, LLC Date: March 21, 2014 Escrow Number: 533653 WIRING INSTRUCTIONS: KEY BANK 5950 S. Willow Drive Greenwood Village CO 80111 ABA # 307070267 FINAL CREDIT TO: CAPITAL TITLE, LLC ACCOUNT # 769681027025 PLEASE REFERENCE: Escrow Number: 533653 Escrow Officer: Troy Valder Property Address: 11075 & 11095 West 38th Avenue Wheat Ridge, Colorado 80033 Buyer/Borrower: Dunrud Ventures, Inc., a Colorado Corporation We Appreciate Your Business And Look Forward to Serving You in the Future. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<http://www.alta.orgh. E5stewarto title guaranty company We Appreciate Your Business And Look Forward to Serving You in the Future. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029. Houston, Texas 77252. Attached Chain of Title Capital Title ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS COMMITMENT WITHIN A PERIOD OF 24 MONTHS PRIOR TO THE DATE OF THIS COMMITMENT, EXCEPT AS FOLLOWS: None of Record THIS ENDORSEMENT IS MADE PART OF THE COMMITMENT AND IS SUBJECT TO ALL OF THE TERMS AND PROVISION THEREOF AND OF ANY PRIOR ENDORSEMENT THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE COMMITMENT AND ANY PRIOR ENDORSEMENT, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE COMMITMENT AND ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AMOUNT THEREOF. LOSS DUE TO THIS CHAIN OF TITLE INFORMATION IS LIMITED TO COST OF THE INFORMATION. Date: March 21, 2014 Order Number: 533653 Buyer: Dunrud Ventures, Inc., a Colorado Corporation Seller: Jack T. Kennedy Property 11075 & 11095 West 38th Avenue, Wheat Ridge, Colorado 80033 Capital Title LLC Lone Tree, Colorado Authorized Countersignature We Appreciate Your Business And Look Forward to Serving You in the Future. Capital Title Date: October 2, 2013 Order Number: 532065 Buyer: Dunrud Ventures, Inc., a Colorado corporation Seller: Logix Development, LLC, a Colorado limited liability company Property Address: I I I 1 1 West 38th Avenue, Wheat Ridge, CO 80033 Tax Schedule Number: 049130 SELLING BROKER: ATTACHED PLEASE FIND THE FOLLOWING: Title Commitment Tax Information SELLER: Logix Development, LLC, a Colorado limited liability company BUYER/BORROWER: Dunrud Ventures, Inc., a Colorado corporation LENDER: Commerce Bank 15305 East Colfax Avenue Aurora, Colorado 80011 Settlement Agent: Troy Valder 12081 W. Alameda Parkway #250 Lakewood, CO 80228 (303) 351-8271 DIRECT (866) 471-6865 FAX troy@ capital title.us We Appreciate Your Business And Look Forward to Serving You in the Future. American Land Title Association Commitment COMMITMENT FOR TITLE INSURANCE. ISSUED BY stewart title guaranty company Order Number: 532065 STEWART TITLE GUARANTY COMPANY, a Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. The Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Order Number: 532065 004 -UN ALTA Commitment for Title Insurance 6/17/06 Cha, neo of the Bm d #..#.:? — — 9�0 8 Z ti E x 1%4 S� oe Countersigned: OF Authorised Countersignature Capital Title, LLC 42 REFERENCE OUR ORDER NO.: 532065 We Appreciate Your Business And Look Forward to .Serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 25, 2013 at 7:45 a.m. Order Number: 532065 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (Standard) $260,000.00 Proposed Insured: Dunrud Ventures, Inc., a Colorado corporation (Parcel 1 only) (b) A.L.T.A. Loan (Standard) $241,000.00 Proposed Insured: Commerce Bank (Parcels I, 2, and 3), its successors and/or assigns as their interest may appear 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: Logix Development, LLC, a Colorado limited liability company (As to Parcel 1) Dunrud Ventures, Inc., a Colorado corporation (As to Parcels 2 and 3) 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 11111 West 38th Avenue Wheat Ridge, Colorado 80033 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued: Basic Rate 2006 Owner's Policy: $ 1,297.00 Owner's Extended: $60,00 GEC -1 Inflation: 2006 Loan Policy: $400,00 Tax Information: Included (Sch.#049130) Form 100 (LTP): Included Form 8.1 (LI?): Included Form 115.1 (LTP): Form 115.2 (LTP): Extra Parcel Tax Information (2 @ $25.00): $50.00 Extra Parcel Charge (2 @ $250.00): $500.00 Chain of Title: $20.00 We Appreciate Your Business And Look Forward to Serving You in the Future. Exhibit A LEGAL DESCRIPTION Order No.: 42532065 Parcel 1: That part of the East 1/2 of Tract 4, Brookside, described as follows: Commencing at the Southeast corner of Tract 4, Brookside, according to the plat thereof; thence West along the South boundary of said Tract 4, 114 and 1/2 feet to a point; thence North on a line parallel to the East boundary line of said Tract 4, 300 feet; thence East on a line parallel to the South boundary line of said Tract 4, 114 and 1/2 feet to a point on the East line thereof; thence South 300 feet, more or less, along the East boundary of Tract 4, to the Point of Beginning, County of Jefferson, State of Colorado. (Sch. # 049130) Parcel 2 Lot 26, Block 50, P.T. Barnum Subdivision of the City and County of Denver, City and County of Denver, State of Colorado. (Sch.# 050740302 1000) Parcel 3 Lots 6, Block 1, Hyde Park Addition, City and County of Denver, State of Colorado. Lots 7, Block 1, Hyde Park Addition, City and County of Denver, State of Colorado. (Sch. # 0227129047000) We Appreciate Your Business And Look Forward to Serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 532065 The following are the requirements to be complied with: (a) Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Recordation of Statement of Authority for Logix Development, LLC, a Colorado limited liability company, evidencing the existence of the entity and the authority of the person authorized to execute and deliver instruments affecting title to real property on behalf of the entity. 2. Recordation of Statement of Authority for Dunrud Ventures, Inc., a Colorado corporation, evidencing the existence of the entity and the authority of the person authorized to execute and deliver instruments affecting title to real property on behalf of the entity. 3. Warranty Deed from Logix Development, LLC, a Colorado limited liability company, the vested owner, vesting fee simple title in Dunrud Ventures, Inc., a Colorado corporation, the purchaser. (As to Parcel 1). 4. Deed of Trust from the borrower to the Public Trustee for the use of the proposed lender. (As to Parcels 1, 2, and 3) (C) This item has been intentionally deleted. (d) Evidence satisfactory to the Company that all assessments for common expenses due under the restrictive covenants referred to in Schedule B, Section 2 thereof, have been paid. (e) Receipt by the Company of the attached Survey Affidavit. Note: Exception will be taken to any adverse matters disclosed. (f) Receipt by the Company of agreement indemnifying it against unfiled mechanics' and materialmens' liens. Note: If the property is currently under construction or new improvements have been made, this commitment is subject to further requirements. (g) Payment of all taxes and assessments now due and payable. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). We Appreciate Your Business And Look Forward to serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 532065 The policy or policies to be insured will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by laws and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; (d) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public Records or listed in Schedule B. 7. a. Taxes for the year 2013, and subsequent years; special assessments or charges not certified to the County Treasurer. NOTE: IF THE FIRST ONE-HALF OF TAXES FOR THE YEAR 2012 ARE PAID,THE ABOVE EXCEPTION WILL BE REVISED TO READ AS FOLLOWS: Taxes for the second half of the year 2012, now due and payable, but not yet delinquent, and subsequent years; special assessments or charges not certified to the County Treasurer. (Note: This will appear on the Owners Policy only.) b. Taxes for the year 2013, a lien, but not yet due or payable. NOTE: IF THE FIRST ONE-HALF OF TAXES FOR THE YEAR 2012 ARE PAID, THE ABOVE EXCEPTION WILL BE REVISED TO READ AS FOLLOWS: Taxes for the second half of the year 2012, now due and payable, but not yet delinquent. 8. (Note: This will appear on the Loan Policy only.) 9. Notes, easements, rights of way, restrictions, covenants, and all other matters or conditions as shown and set forth on the recorded plat of Brookside. (Affects Parcel 1) 10. Easement Agreement recorded November 5, 2001 at Reception No. F1352897. (Affects Parcel 1) We Appreciate Your Business And [wok Forward to Serving You in the Future. 1 1. Notes, easements, rights of way, restrictions, covenants, and all other matters or conditions as shown and set forth on the recorded plat of P.T. Barnum Subdivision of the City and County of Denver. (Affects Parcel 2) 12. Notes, easements, rights of way, restrictions, covenants, and all other matters or conditions as shown and set forth on the recorded plat of Hyde Park Addition. (Affects Parcel 3) 13. Deed of Trust from Dunrud Ventures, Inc., for the benefit of First American State Bank, to secure $135,000.00, recorded May 13, 2013, at Reception Number 2013063443. (Affects Parcel 3) 14. Any and all existing Leases or Tenancies. (Affects Parcels 1, 2, and 3) Note: Upon receipt of the final affidavit, as shown in Schedule B - Section I, Exceptions 1 through 4 will be deleted on the Owners Policy and the Loan Policy. Note: Provided Capital Title, LLC conducts the closing of this transaction Exception 5 will be deleted on the Owners Policy and the Loan Policy. We Appreciate Your Business And Look Forward to Serving You in the Future. MINERAL DISCLOSURE Order No: 532065 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERAIS. We Appreciate Your Business And Look Forward to Serving You in the Future. DISCLOSURES Order No. 532065 Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRCT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Capital Title, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded lines will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. We Appreciate Your Business And Look Forward to Serving You in the Future. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Capital Title, LLC. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We Appreciate Your Business And Look Forward to Serving You in the Future. Capital Title, LLC Date: October 2, 2013 Escrow Number: 532065 WIRING INSTRUCTIONS: KEY BANK 5950 S. Willow Drive Greenwood Village CO 80111 ABA # 307070267 FINAL CREDIT TO: CAPITAL TITLE, LLC ACCOUNT # 769681027025 PLEASE REFERENCE: Escrow Number: 532065 Escrow Officer: Troy Valder Property Address: 11111 West 38th Avenue Wheat Ridge, Colorado 80033 Buyer/Borrower: Dunrud Ventures, Inc., a Colorado corporation We Appreciate Your Business And Look Forward to Serving You in the Future. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000.000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<httpY1www.alta.org/>. Stewart® title guaranty company We Appreciate Your Business And Look Forward to Serving You in the Future. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Attached Chain of Title Capital Title ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS COMMITMENT WITHIN A PERIOD OF 24 MONTHS PRIOR TO THE DATE OF THIS COMMITMENT, EXCEPT AS FOLLOWS: None of Record. (As to Parcel 1) Personal Representative's Deed to Dunrud Ventures, Inc. recorded September 18, 2013 at Reception No. 2013137926 (as to Parcel 2). Pudic Trustee's Deed to Dunrud Ventures, Inc. recorded September 20, 2012 at Reception No. 2012128694 (as to Parcel 3). THIS ENDORSEMENT IS MADE PART OF THE COMMITMENT AND IS SUBJECT TO ALL OF THE TERMS AND PROVISION THEREOF AND OF ANY PRIOR ENDORSEMENT THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE COMMITMENT AND ANY PRIOR ENDORSEMENT, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE COMMITMENT AND ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AMOUNT THEREOF. LOSS DUE TO THIS CHAIN OF TITLE INFORMATION IS LIMITED TO COST OF THE INFORMATION. Date: October 2, 2013 Order Number: 532065 Buyer: Dunrud Ventures, Inc., a Colorado corporation Seller: Logix Development, LLC, a Colorado limited liability company Property 1 I 1 I 1 West 38th Avenue, Wheat Ridge, Colorado 80033 Capital Title LLC Lone Tree, Colorado 67 Authorized Countersignature We Appreciate Your Business And Look Forward to Serving You in the Future. 20140 4/241201411:22 AM $16.00 DF$50.00 Electronically Recorded Jefferson Ccuily. CO Pam Ande•son. Clens and Recorder TD1000 Y WARRANTY DEED THIS DEED, made this 23rd day of April, 2014, between lack T. Kennedy of the County of Jefferson and State of Colorado, Grantor, and Dunrud Ventures, Inc., a Colorado Corporation whose legal address is: 5655 East Nebraska Way, Denver, CO 80224 of the City and County of Denver and State of, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $500,000.00 ) Five Hundred Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado described as follows: See "Exhibit A" attached hereto also known by street and number as: 11075 - 11095 West 38th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above cunveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the current year. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of tire grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all genders. IN WITNESS OF, the grantor has executed this deed on the date set forth above. J T. Kennedy STATE O olorado ) ss. COUNTY OF Jefferson ) The foregoing instrument was acknuwledged before me this 23rd day of April, 2014, by Jack T. Kennedy My commission expires November 3, 2015. Witness my hand and official s TROY D. VAIDER —Y NN, NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954017521 9� COMMISSION EXPIRES NOVEMBER 3.2015 Exhibit A LEGAL DESCRIPTION order No.: 42533633 PARCEL 1 The South 300 feet of the East Half of the West Half of Tract 3, Brookside, County of Jefferson. State of Colorado. (Sch. # 048880) PARCEL 2 The West 82.5 feet of the South 300 feet of the West Half of Tract 3, Brookside, County of Jefferson, State of Colorado. (Sch. # 048878) 2013133276 11/7/20131:44 PM PGS 1 $11.00 DF $26.00 Electronically Recorded Jefferson Coun:y Co Pam Anderson. Clerk and Recorder TD1000 Y WARRANTY DEED THIS DEED, made this 7th day of October, 2013, between Logix Development, LLC, a Colorado limited liability company of the County of Jefferson and State of Colorado, Grantor, and Dunrud Ventures, Inc., a Colorado corporation whose legal address is: 5655 East Nebraska Way, Denver, CO 80224 of the city and County of Denver and State of, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $260,000.00 ) Two Hundred Sixty Thousand dollars and 'Zero cents, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado described as follows: That part of the East 1/2 of Tract 4, Brookside, described as follows: Commencing at the Southeast comer of Tract 4, Brookside, according to the plat thereof; thence West along the South boundary of said Tract 4, 114 and 1/2 feet to a point: thence North on a line parallel to the East boundary line of said Tract 4, 300 feet; thence East on a line parallel to the South boundary line of said Tract 4, 114 and I/2 feet to a point on the East line thereof; thence South 300 feet, more or less, along the East boundary of Tract 4, to the Point of Beginning, County of Jefferson, State of Colorado. also known by street and number as: ill 11 West 38th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appun:enances, L11110 the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs ant. assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the current year. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the Plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. "Logl—x Development, LLC, a Aorrado�� limited liability company by Laura Lee Lang as Manager. 2014030938 4/241201411:22 AM POS 2 $16.00 DF $50.00 Electronically Recorded Jefferson Cerny. CO Pam Anderson. Clerk and Recorder TO1000 Y WARRANTY DEED THIS DEED, made this 23rd day of April, 2014, between Jack T. Kennedy of the County of Jefferson and State of Colorado, Grantor, and Dunrud Ventures, Inc., a Colorado Corporation whose legal address is: 5655 East Nebraska Way, Denner, CO 80224 of the City and County of Denver and State of, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $500,000.00 ) Five Hundred Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado described as follows: See "Exhibit A" attached hereto also known by street and number as: 11075 -11095 West 38th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity. of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the current year. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Lite grantee, his hei:s and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS OF, the grantor has executed this deed on the date set forth above. 1 T. Kennedy STATE O olorado ) ss. COUNTY OF Jefferson ) The foregoing instrument was acknowledged before the this 23rd day of April, 2014, by Jack T. Kennedy My commission expires November 3, 2015. Witness my hand and official s TROY D. VALDER NOTARYPUBUC STATE OF COLORADO NOTARY ID 19954017521 014ISSION EXP RES NOVEMBER 3 2C 5 rrzY Exhibit A LEGAL DESCRIPTION Order No.: 42533653 PARCEL. 1 The South 300 feet of the East Half of the West Half of Tract 3, Brookside, County of Jefferson. State of Colorado. (Sch. # 049880) PARCEL 2 The West 82.5 feet of the South 300 feet of the West Half of Tract 3, Brookside, County of Jefferson, State of Colorado. (Sch. # 048878) � � i � City Of �WheatI�idge COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY n1eeting Date: September 12, 2013 Applicant: Attendees: Thomas Dunrud Owner/President Dunrud Ventures, Inc. Phone: 303-667-8258 Email: tom(&hdsmortga e.com Jack Kennedy Phone: 303-582-3351 Email: kennedvcustomdesignC&msn.com Attending Staff: Meredith Reckert, Senior Planner Lauren Mikulak, Planner II Wade Sanner, Planner I Dave Brossman, Development Review Engineer Specific Site Location: 11111, 11095, 11075 W. 38`" Avenue Existing Zoning: Residential -One (R-1) Existing Comp. Plan: Neighborhood Existing Site Conditions: The properties are located at 11111, 11095, and 11075 West 38th Avenue, north of 38th Avenue, south of 38th Place, east of Pierson Court and west of Parfet Street. The site is comprised of three parcels: PIN 39-213-03-040, PIN 39-213-03-036, and PIN 39-213-03-035. The western parcel is owned by Logix Development LLC, and the two eastern parcels are owned by Jack Kennedy. The three parcels are zoned Residential -One (R-1). The total area of the three lots is 82,329 square feet (1.89 acres). The three parcels are occupied by three homes built (from west to east) in 1912, 1947, and 1930. 11111, 11095, 11075 W. 38th Avenue Address 11111 W. 38th Ave. 11095 W. 38th Ave. 11075 W. 38th Ave. Parcel ID 39-213-03-040 39-213-03-036 39-213-03-035 Owner Name(s) Logix Development, LLC Jack Kennedy Jack Kennedy Land Sq. Ft. 34,325 24,002 24,002 Property Type Residential Residential Residential Structure Sq. Ft. 728 1,388 944 Year Built 1912 1947 1930 Along the length of western edge of the western most parcel running adjacent to Pierson Court, is a narrow 2,178 square foot tract (PIN 39-213-03-095) measuring 300 feet by 7 feet. This tract is owned by Gerald Biehl, who owns the large property at 3895 Pierson Court. The long narrow parcel is occupied by a long strip of landscaping along Pierson Court. The land in question is surrounded on all sides by single-family homes with the following zoning: R-1 to the north, R-2 to the east, R-3 to the south, and R-1 A to the west. Applicant/Owner Preliminary Proposal: The potential applicants, Thomas Dunrud and Jack Kennedy, are proposing the subdivision of the three lots at 11111, 11095, and 11075 W. 38th Avenue into five lots. By subdividing the three lots and creating new lot boundaries, the applicant plans to create four R-1 lots which will meet all of the R-1 size and frontage requirements. In addition to the four R-1 lots, the applicant is considering rezoning the remaining 30,900 square feet into an R-3 zoned lot which would allow for 6-8 units to be built at a later date. The square footage of the five lots proposed would be: Lot 1, Lot 2, and Lot 3 would be 12,500 square feet (0.29 acres). The proposed Lot 4 would be 15,452 square feet (0.36 acres). N E7 a t M Existing Lots `^ rn 11111 W. 38th 11095 W. 38th 11075 W. 38th 0 Lot 4 (R-1 Zone) 12,500 sq. ft. M 0 o Lot 2 (R-1 Zone) Lot 5 (R-3 Zone) 34,325 sq. ft. 24,002 sq. ft. 24,002 sq. ft. N w/ 6-8 Units O) r" PIN 39-213-03-040 PIN 39-213-03-036 PIN 39-213-03-035 Z a 125' 154.52' 7' 114' 80' 80' West 38th Ave. Proposed Lots 279.52' West 38th Ave. The remaining lot, listed as Lot 5, would be 154.52 feet of land fronting 38`h Avenue and extending north 200 feet, or 30,900 square feet. This portion would be rezoned R-3, to allow for 6-8 dwelling units. The applicant is proposing homes architecturally similar and comparable in size to the homes just north of 38'h Place along Pierson Street. In addition to the current configuration proposed, staff suggested as an alternative that the southeastern lot to be zoned R-3, could be divided into two lots with the northern lot being flag lot with access onto 125' 154.52' o Lot 3 (R-1 Zone) Lot 4 (R-1 Zone) 12,500 sq. ft. 15,452 sq. ft. o Lot 2 (R-1 Zone) Lot 5 (R-3 Zone) 12,500 sq. ft. Proposed R-3 Lot w/ 6-8 Units Lot 1 (R-1 Zone) 30,900 sq. ft. 0 12,500 sq. ft. 125' 154.52' West 38th Ave. The remaining lot, listed as Lot 5, would be 154.52 feet of land fronting 38`h Avenue and extending north 200 feet, or 30,900 square feet. This portion would be rezoned R-3, to allow for 6-8 dwelling units. The applicant is proposing homes architecturally similar and comparable in size to the homes just north of 38'h Place along Pierson Street. In addition to the current configuration proposed, staff suggested as an alternative that the southeastern lot to be zoned R-3, could be divided into two lots with the northern lot being flag lot with access onto West 38th Avenue. Staff would also support a variation of the lot configurations being proposed as long as the lot lines were brought into the R-1 zoning district compliance. Staff recommends that the apphlicant attempt to acquire the small narrow parcel (PIN 39-213-03-095) to the west of 111 I 1 West 38t Avenue. Ownership of this parcel could be incorporated into the larger development site. Acquiring this strip of land would allow access onto Pierson Court. Zoning District Principal Building Minimum Lot Area 112,500 R-1 Single -Family Home sq. ft. R-3 Multi -Family (3/more dwelling units) 12,500 sq. ft. *A min. of 3,630 sq. ft. of land area shall be required for each dwelling unit for multifamily buildings. Initially Jack Kennedy had a submitted a subdivision application to the Community Development office to subdivide the properties at 11075 and 11095 West 38th into 3 lots, Mr. Kennedy may withdraw that request to pursue this alternate proposal. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required if the application includes a zone change to R-3. Planning comments: The following items were discussed based on the applicant's proposal. Subdivision An application for a minor subdivision with right-of-way (ROW) dedication will be required. The subdivision regulations are within Article IV of Chapter 26 of the municipal code and all requirements for a final plat must be satisfied. The review process for a subdivision application is further explained below. The first step in the process began with the pre -application meeting on September 12, 2013. The next step will be to proceed with a minor subdivision application. When the applicant is ready to submit the subdivision plat application, an appointment with a planner in the Community Development Department is required. Incomplete applications will not be accepted. The plat must be prepared by a surveyor licensed in the State of Colorado. Upon submittal of the minor subdivision application, the case manager staff will review the project and will refer it to affected service agencies (Xcel Energy, water district, sewer district, etc.) and other City agencies (Public Works, Building Division, etc.) for comment. After a 15 -day referral period, the case manager will forward all comments to the applicant. 4 Modifications to the original subdivision plat submittal may be required as a result of these comments. The applicant must address all comments and resubmit relevant documents. This may occur several times before scheduling a public hearing. Once the case manager is satisfied that all comments have been addressed, a public hearing before Planning Commission will be scheduled. Planning Commission will make a recommendation of approval, approval with conditions or denial. The public hearing procedure is replicated before City Council for final approval. Once approved, a black line Mylar copy of the plat must be recorded with the Jefferson County Clerk and Recorder. Keep in mind that the public hearings are quasi-judicial in nature. Please do not contact Planning Commissions or City Council representatives to discuss the merits of the caser prior to public hearing. It could jeopardize their ability to impartially hear the case. Parkland Dedication Parkland dedication is required for all residential subdivisions to off -set the impact of the new residential. A fee may be required in lieu of land dedication if it is determined that the property is too small to accommodate parks needs. The fee in lieu of land dedication is based on the number of residential units that result from the subdivision and is determined based on a standard formula and by recommendation from the Parks and Recreation Commission. The formula is based on the assessed value of the property with improvements, per section 26-421.13 of the subdivision code. Rezoning The site is currently in the Residential -One (R-1) zone district which provides for high quality, safe, and stable, low-density residential neighborhoods. R-1 zoning prohibits activities that are incompatible with low-density residential character. The current zoning does not allow for multi- family dwelling units, but the proposed Residential -Three (R-3) rezone would allow the higher density development in the southeast portions of the lot. The process for a zone change is detailed below. The zone change process can take three to four months, and the first step in the process began with the pre -application meeting on September 12, 2013. The next step is to hold a neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of the rezoning proposal and to allow the applicant to respond to citizen concerns. All residents and property owners within 600 feet will need to be notified of the meeting. It is the responsibility of the applicant to coordinate with staff and to notify area residents of the date, time, and location of the meeting. Staff provides the notification list. There is a $100 fee for the neighborhood meeting. A staff planner will attend the meeting to discuss City policy and regulations, and the process involved; however, the planner will remain impartial regarding viability of the project. Once the neighborhood meeting is held, a formal application may be submitted. A meeting must be set up with a planner to submit the application. In addition to the required technical documents, the application must include a written justification of the requested zone change from R-1 to R-3. This justification should address the following items: 9 The need for the change of zone • Present and future effect of the existing zone districts, development, and physical character of the surrounding area • Access to the site and traffic patterns • Availability of utilities • Present and future effect on public facilities and services such as fire, police, water, sanitation, roadways, parks, schools, etc. • A discussion of the relationship between the proposal and the adopted plans and/or policies of the City After the application is submitted, a case manager will review the submittal application for content. If all submittal requirements have been met, the proposal will be referred to affected service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for their review and comment, generally for a period of 15 days. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to adjacent landowners within 300 -feet, and posting of the property with signs are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail the notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. The case manager will prepare a staff report which will be presented at the Planning Commission public hearing. There is a specific set of criteria used to evaluate a requested zone change (Section 26- 112.D. of the zoning and development code). A recommendation to Planning Commission will be made in the staff report based on these criteria. At the hearing, after the staff report is given, the applicant and members of the audience will be given a chance to give testimony regarding the application. Generally, a decision for recommendation will be made that same night. Sometimes a case will be continued to another hearing date for further study and input. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change must be approved by ordinance by the City Council which requires two readings. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the public hearing date. The second reading of the ordinance is a public hearing. The same requirements for adjacent landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. However, the ordinance approving the zone change does not go into effect until 15 days following the final publication of the ordinance. Utility/Service Districts Col The City of Wheat Ridge is not a full service city. The following agencies and districts service the subject parcel. The subdivision application will be referred to these agencies for comment, but the applicant is also encouraged to contact them directly. • Water: Consolidated Mutual Water District: 303-238-0451 • Sanitary: Westridge Sanitation District, 303-424-9467 • Fire: Wheat Ridge Fire District #2: 303-403-5900 Public Works comments: The following items were discussed based on the applicant's proposal: Public Improvements When a lot is subdivided, the property can be assessed for compliance with strict width and public improvements standards. Public works has requested that the applicant provide curb and gutter connection on the north of the proposed subdivision to connect with existing infrastructure along 38"' Place. Public improvements will need to be in place before building permits are issued for any homes. The City typically reviews an applicant's estimated cost of improvements and then requires security for 125% of the cost, per section 26-413. City code requires a subdivision plat be recorded within 90 days of final action, per section 26-407. A subdivision improvement agreement (SIA) is recorded with the plat and the security is posted at that time. The intent of this policy is to ensure that improvements are secured before any lots are sold. Stormwater Management A stormwater management plan (SWMP) with a joint detention pond location will be required before commencing any site work. Bill LaRow, Stormwater Coordinator, will review and approve the SWMP and can be reached at 303-235-2871 for any further questions. Building Division comments: The building division was not present and has no comments at this time. Attachments: Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Planner II 303-235-2845 Wade Sanner — Planner I 303-235-2849 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 7 ♦�Ae City of '� Wheat Midge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge. CO 80033-8001 P: 303.235.2861 F: 303.235.2857 September 12, 2013 Pre-ADMication Meeting Kennedy/Dunrud (11075-11095-11111 W. 38th Ave.) Public Works Requirements: A. The following documents will be required with the subdivision application: 1. Final Plat: A Final (Subdivision) Plat shall be required. All plat submittals must adhere to the following: a. City -based bearings/coordinates shall be used per Section 26-407-D-6 of the Municipal Code of Laws. The City is currently on a ground-based modified form of the NAD83/92 State Plane coordinate system. b. All section ties shall be to Section or'/< Section corners or City of Wheat Ridge PHAC points only — aliquot corners cannot be used as section ties. c. 2.5' Right -of -Way dedication along the entire Independence Street frontage shall be shown on the plat. d. To be approvable the Plat will need to contain all items found in the Final Plat Review and Geodetic Surveying Requirements checklists found on the City's website. e. PW submittals shall be submitted in the form of. i. 1 - 24"X36" hardcopy and ii. 2 electronic files as follows (see Note 3 below): 1. 1 file in AutoCAD 2007-2010 DWG format (including all associated SHX and reference files), AND 2. 1 file in PDF format. 2. Final Plat Supporting Documents (1 hardcopy and 1 PDF file): a. Geodetic Surveying Requirements: An initialed Geodetic Surveying Requirements checklist shall accompany all Final Plat submittals. The plat must contain all items from this checklist. b. Closure Sheets: Closure sheets for the platted boundary and all internal lots shall accompany the Final Plat submittal; all must close within the 1:50,000 as required by the Municipal Code. 3. ROW Dedication: a. On W. 38th Place: An irregular shaped tract of Right -of -Way dedication along the West 38th Place frontage of all three parcels shall be shown on the Plat. The width of dedication is needed to accommodate a standard 50' residential street section and associated public improvements. b. On W. 38th Avenue: In order to accommodate the future design of this section of West 38th Avenue per the Bicycle -Pedestrian Master Plan, a 6.0' Right -of -Way reservation across the frontage of the three parcels will need to be shown on the Final Plat. 4. 10 foot Wide "Spite" Strip: In order to subdivide the property as proposed, the 10' wide strip along the easterly side of Pierson Court will need to be acquired and included in this subdivision. "'vixi.wheatridge.co.us Public Works Engineering September 12. 2013 Page 2 5. Final Drainage Report (1 hardcopy and 1 PDF file): A Final Drainage Report signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required. The Report must describe how full stormwater flood attenuation detention incorporating water quality measures for the entire site will be achieved. Please refer to the City of Wheat Ridge Site Drainage Requirements which can be found on the City's website (see Note 1 below). 6. Itemized Engineer's Cost Estimate (1 hardcopy and 1 PDF file): An itemized cost estimates must be submitted for review and approval for the public improvements associated with this project. A cost estimate for the 6" vertical curbing to be constructed along the W. 38th Place frontage, and for the curb, gutter, detached 6' sidewalk, ADA curb ramp, and asphalt patching along the W. 38th Avenue frontage. The Cost Estimate will be used for the associated performance guarantee in the form of an Irrevocable Letter of Credit (ILOC). 7. Subdivision Improvement Agreement: A Subdivision Improvement Agreement (SIA) will be needed prior to recordation of the Final Plat. An Irrevocable Letter of Credit in the amount of the above-mentioned approved itemized cost estimate for the public improvements to be constructed along the W. 38th Place frontage will be referenced in the SIA. B. Documents 8-10 below shall be submitted for review and approval prior to issuance of any ROW or Building Permits: 8. NPDES Permit: The Federal Clean Water Act implemented by the EPA requires that stormwater discharges from certain types of facilities as part National Pollutant Discharge Elimination System (NPDES) be authorized under stormwater discharge permits. An NPDES permit is required for all construction sites greater than one (1) acre in size. The area of the proposed development is greater than one acre and shall therefore comply with NPDES regulations. The NPDES permit for construction activities is issued by the State through the Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division Water Quality Control Division at 303-692-3500 and asking for the public assistance person for the Permits Unit. A Stormwater Management Plan (SWMP) shall be required for this development (see item #10 below). 9. Construction Plans: Construction Plans (signed and sealed by a Professional Engineer) for all water quality and drainage -related items (i.e., swales), and a Plan & Profile for W. 38th Place. Include all applicable COWR standard details for proposed constructed items. The Construction Plans need to show the location of all existing & proposed easements and rights-of-way, fences, walls, drainageways, ditches, parking areas, buildings to be developed or retained on site. 10. Stormwater Management Plan (SWMP): A Stormwater Management Plan (SWMP) detailing the Best Management Practices to be utilized during construction is required with this development. A Copy of the CDPS Permit and Stormwater Management Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to commencement of any construction activities and issuance of any Right -of -Way or Building Permits. C. Miscellaneous Items: 11. Irrevocable Letter of Credit: The public improvements shall be completed along all street frontages with this project. A Letter of Credit (LOC) in the amount of 125% of the constructed www.ci.wheatridge.co.us (09-12-13)11075-11111 W38thAve_Kennedy_Dunud.docx Public Works Engineering September 12, 2013 Page 3 improvements shall be taken prior to issuance of the first Certificate of Occupancy. Upon completion of all public improvements and acceptance by the City Inspector, the original Letter of Credit will be surrendered. At this time a 2 -year warranty period for the public improvements shall commence. Upon commencement of the 2 -year Warranty Period, a 2nd Letter of Credit in the amount of 25% of the original itemized engineer's itemized cost estimate shall be submitted to the City of Wheat Ridge and be dated so as to expire on the 2 -year anniversary of the Warranty Period commencement date. The City shall retain the Warranty Letter of Credit for the entire 2 -year Warranty Period. Upon completion of the 2 -year Warranty Period, the 2nd Letter of Credit shall be surrendered by the City of Wheat Ridge. If at any time during said 2 -year Warranty Period the City Inspector deems that the constructed public improvements are in need of repairs or replacement, the Developer shall complete such work upon request, or the City will draw on the Warranty LOC funds to complete the repairs. NOTES: 1. Information pertaining to the Public Works Development Review requirements, Land Surveying/ROW information, and the City's Standard Street Construction and Erosion Control Details are available under the Public Works Department page on the City of Wheat Ridge website: www.ci.wheatridge.co.us 2. Proof of Ownership for the property, e.g., Warranty Deed(s), Title Commitment(s), etc. 3. A signed and sealed Drainage Certification Letter from the Engineer -of -Record (P.E. who prepared the Drainage Letter/Plan) and As -Built Plans for all drainage facilities and all improvements within the public Right -of -Way shall be submitted for review and approval prior to issuance of any Certificate of Occupancy 4. Submittals will not be considered as being under review until all of the above stated submittal requirements have been received. Incomplete submittals will be returned to the applicant without being reviewed. www.ci.wheatridge.co.us (09-12-13) 11075-11111 W38th Ave_Kennedy_Dun ud.doca City of Wheat Ridge 05/38/2014 11:08 CDAA DUNRUD VENTURES CDA010OZO AMOUNT FMSD ZONING APPLICATION FEES 1,600.00 FMSD ZONING REIMBURSEMENT FEE 450.00 PAYMENT RECEIVED AMOUNT CHECK: 1248 2,050.00 TOTAL 2,050.00 ---------------------------------------- City of ]�Wh6atWidgye 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 70�*" �c ra?/zt'� Address City State Owner City e r Zip Address Ala Ji& A State O Zip Z Phone Fax Phone Fax Contact S`Q Address Phone City 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): /%O 7L5, 110'?5 9` /0- .3� /T►'C 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 '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 Wray "Vacation / O Other:/ / Detail d d scription of request: J� 644Yt�C s� e &sr" 7� G0rf /h� (0 /C - 0 f - Required information: Assessors Parcel Nu er: Size of Lot (acres or squ a footage): Current Zoning: - Proposed Zoning: - Current Use: - Proposed Use: - / cert, that the information and exhibits herewith submitte re true an oPhich to the best o nowledge and that in filing this application, 1 am acting with the knowledge and consent of those ersons ted above, ahoute copse the r quested action cannot lawfully be accomplished. Applicants other than owners must submit powe -o tornev fro e ou ne hap ove f this action on his behalf. Notarized Signature of Applicant State of Colorado County of ss "rhe foregoing i istrument (Land Use Processing Application) was acknowledged by me this -3e "'day of 20 1Y by 7 m KATHR.. _„,� �IEL J UBLIO Notary Public 7. / weTi4fc G: ' = 00LO "::0 My commission expires Votary 2002401,2740 my comm 07rC 18 To be filled out y s aff: 2 Date received Fee S RCR Receipt No.CWlCC}0 Case No. VJ5-”-b3 Comp Plan Design. ZoningK Quarter Section Map 0 �- Related Case No. Pre -App Mtg. Date -ll.` Case Manager CcufF— Case No. WS1403 Date Received 6/24/2014 Related Cases CasePlarrbr Ineckert Case D escriptior 6 -lot major subdivision with ROW dedication L—. Aptp&-a,nr 1nr/n =ff iw N ame T om DurvW _ J Name Address City Phone State C Zip O07ref 11NUMOMM Name Durrud Ventures, Inc. Name Phone [303) 6678258 Address 15656 Nebraska Way City Denver State ® 74 80224 Cava.-,-! 1A4atrawat6iW Name DunrudVerrures,Inc. Name K" Address 5655 Nebraska Way City IDwm State CO Zip 80224- Pfnyicr /vr/vvagarmvr Address 11075 Street ,11095,11111 W.38thAve. City Wheatflidge State CO Zip Location Description Project Name L_ Parcel No Qtr Section District No 3921303036 SW21 3 Parcel No. 39.213.03-M Qtr Section. SW21 District No.: III . — � - --- — 3921303040 SW21 3 Renirrrs Pre -App Date 5/16/2013 Neighborhood Meeting Date App No: APP1313 Review Type Review Body Review Date Disposition Comments Report Pubic Hearing PC 21 Pubic Hearing CC El L Dnp�vsw5ian Case Disposition Disposition Date Conditions of Approval Res# Ord# Notes Statue Open . Storms: