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City of Wheatjididge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 August 24, 2017 OFFICIAL ADDRESS NOTIFICATION NOTIFICATION is hereby given that the following address has been assigned to the property/properties as indicated below: CURRENT ADDRESS: 12250 West 38' Avenue NEW ADDRESS: 12250 West 381 Avenue (Lot 1) 3557 Urban Court (Lot 2) SUBDIVISION: Glavan Subdivision LOT(s): Lots 1 & 2 SECTION: 29 NOTES: This is a courtesy notification. AUTHORIZED BY: DATE: 27 ?-Z) L') DISTRIBUTION: 1. Property Owner 2. Jefferson County Assessor, ATTN: Data Control, Lacey Baker email to lbaker@jeffco.us 3. Jefferson County Elections, ATTN: H. Roth, 3500 Illinois St., Laramie Building, Suite 1100, Golden, CO 80401 4. Email to Jeffco IT (Mapping) Services at smitchelgieffco.us and edelynko(&jeffco.us 5. Jeffco Public Schools, ATTN: Communication Services, 1829 Denver West Dr., Bldg. 27, Golden, CO 80401 6. U.S. Post Office, 4210 Wadsworth Blvd., Wheat Ridge, CO 80033 7. Email to erlinda j.martinez(&,,usps.gov and krissy.j.summerfieldAusps.gov and arlene.a.vickrey(a,usps.gov 8. Xcel Energy, sandra.cardenas(a)xcelenergy com 9. Century Link, Capacity Provisioning Specialist, 5325 Zuni St., Room 728, Denver, CO 80221 10. Comcast, Attn: Scott Moore, 6850 S. Tucson Way, Englewood, CO 80112 11. Consolidated Mutual Water District 12. Westridge Sanitation District 13. West Metro Fire District 14. Wheat Ridge Planning Division 15. Wheat Ridge Building Division 16. Wheat Ridge Police Department 17. GIS Specialist 18. Log File NOTE: Please notify all other parties concerned. ADDRESS MAP UPDATED BY: www.ci.wheatridge.com s DATE: Site Vicinity Map Ownees Certificate WE, MICHAEL S. GLAVAN & KAREN. GLAVAN, BONG THE OWNERS, OF REAL PROPERTY CONTAINING 1.7620 ACRES DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 29 TO BEAR NORTH 89'2§'34" EAST, A DISTANCE OF 2,667.46 FEET BETWEEN A FOUND 3 1/4' BRASS CAP ON ALUMINUM PIPE STAMPED "CITY OF WHEAT RIDGE SURVEY MONUMENT LS 13212 T3S R69W S20 S29 1984*INRANGE BOXAT THE -NORTH QUARTER CORNER OF SAID SECTION 29 AND A FOUND 3 1/4- BRASS CAP STAMPED "CITY OF WHEAT RIDGE LS 13212 20 21 29 28'IN RANGE BOX AT THE NORTHEAST CORNER OF SAID SECTION 29. WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 65'38'57" WEST, A DISTANCE OF 1915.51 FEET TO A POINT ON THE WESTERLY UNE OF LOT 12, APPLEWOOD VISTA, BEING THE TRUE POINT OF BEGINNING; THENCE FOLLOWING ALONG SAID WESTERLY. UNE OF LOTS 12 AND 11, APPLEWOOD VISTA SOUTH 00'41'38" EAST, A DISTANCE OF 222.82 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 11, APPLEWOOD VISTA. THENCE ALONG THE NORTH UNE OF A PORTION OF FITTS-ADDITION AND FITTS SUBDIVISION SOUTH 89'13'26" WEST, A DISTANCE OF 345.39 FEET TO THE NORTHEASTERLY CORNER OF SAID FITTS SUBDIVISION; THENCE ALONG THE EASTERLY UNEOF LOT 3, FROG FARM MINOR SUBDIVISION AMENDMENT NO. 1 NORTH 00'42'13" WEST, A DISTANCE OF 221.61 FEET TO THE SOUTHEASTERLY CORNER OF THAT UNPLATTED PROPERTY DESCRIBED AT RECEPTION NO. F1262804; THENCE ALONG THE SOUTHERLY UNE OF SAID UNPLATTED PROPERTY NORTH 89'01'25" EAST, A DISTANCE OF 345.43 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 76,754 SQUARE FEET OR 1.7620 ACRES. MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF GLAVAN SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTIUTIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. I M b3 -11-9b) 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 I1�Q'O'CLOCK A -M. ON THE 19M DAY nF MATY P% 20-1am A.D., RECEPTION NO. .j J.-7 n2Y7�1a_•-w!se 3" JEFFERSON COUNTY CUAK AND RECORDER : e3 DEPUTY4eg� �a City Certmcatipn APPROVED THIS =� DAY OF 20j�2__ BY THE CITY OF WHEAT RIDGE. / ACCEPTANCE OF DEDICATED INTERESTS IN REAL PROPERTY THE CITY OF WHEAT RIDGE, COLORADO HEREBY ACCEPTS THE DEDICATION AND CONVEYANCE TO THE CITY OF THOSE LOTS, TRACTS, EASEMENTS, AND OTHER INTERESTS IN REAL PROPERTY DENOTED ON THIS PLAT AS BEING DEDICATED TO THE CITY FOR PUBLIC PURPOSES. ATTEST: el -1011 d&wlu ELLE SHAVER. CITY CLERK DATE sLT'. -7 .Z R C R OF COMM I D LOPME OABE NBrORY MS -16-06 MKIIIII GLAVAN SUBDIVISION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M. , CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 Vicinity Map SCALE: 1"=250' Notes 1. EMPIRE TITLE NORTH, U.C. COMMITMENT NUMBER 200527, DATED OCTOBER 6, 2016 AT 8:00 A.M., WAS ENTIRELY RELIED UPON FOR RECORDED INFORMATION REGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES IN THE PREPARATION OF THIS SURVEY. THE PROPERTY SHOWN AND DESCRIBED HEREON IS ALL OF THE PROPERTY DESCRIBED IN SAID TITLE COMMITMENT. 2. 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. 3. THIS SURVEY IS VAUD ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR. 4. BASIS OF BEARINGS: CPS DERIVED BEARINGS BASET) ON A BEARING OF N8922'34'E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BETWEEN A FOUND 3 1/4" BRASS CAP ON ALUMINUM PIPE STAMPED 'CITY OF WHEAT RIDGE SURVEY MONUMENT LS 13212 T3S R69W S20 S29 1984" IN RANGE BOX AT THE NORTH QUARTER CORNER OF SECTION 29, BEING CITY OF WHEAT RIDGE POINT fIS109, LATITUDE: 39'46'08.90304"N, LONGITUDE 105*08'16.53666"W AND A FOUND 3 1/4- BRASS CAP STAMPED "CITY OF WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE NORTHEAST CORNER OF SECTION 29 BEING CITY OF WHEAT RIDGE POINT /15209, LATITUDE 39'46'09.08342"N, LONGITUDE 105'07'42.38500"W AS SHOWN HEREON. COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NORTH AMERICAN DATUM 1983 (NAD83). ALL BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 5. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR. BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC 18-4-508. WHOEVER WILFULLY DESTROYS, DEFACES, CHANGES, OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER, OUARTER-SECTION CORNER, OR MEANDER POST, ON ANY GOVERNMENT UNE OF SURVEY, OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE UNE OF A GOVERNMENT SURVEY, OR WILLFULLY DEFACES, CHANGES, OR REMOVES ANY MONUMENT OR BENCH MARK OF ANY GOVERNMENT SURVEY, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18 U.S.C. § 1858. 6. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS ADMINISTRATIVE SUBDIVISION 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. - 7. FLOOD INFORMATION: THE SUBJECT PROPERTY IS LOCATED IN ZONE X UNSHADED, AREAS DETERMINED TO BE OUTSIDE THE 0.21 ANNUAL CHANCE FLOODPLAIN AND/OR ZONE D, AREAS IN WHICH FLOOD HAZARDS ARE UNDETERMINED, BUT POSSIBLE, ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP; COMMUNITY -PANEL NO. 085079-0194 F, DATED FEBRUARY 5, 2014. THE MAP DOES NOT DIFFERENTIATE BETWEEN ZONE X UNSHADED AND ZONE D. FLOOD INFORMATION IS SUBJECT TO CHANGE. B. DATES OF FIELDWORK: OCTOBER 1, 2009 (FSI JOB /139-56,378). UPDATED AUGUST 22, 2016 (CREW CHEF: T. FENDICK) 9. THE WORD "CERTIFY AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THIS SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. 1D. THE TOTAL AREA OF THE SUBJECT PROPERTY IS 76,755 SQ. FT. OR 1.7620 ACRES, MORE OR LESS. AREA AS SHOWN HEREON IS A RESULTANT FACTOR, NOT A DETERMINATIVE FACTOR, AND MAY CHANCE SIGNIFICANTLY WITH MINOR VARIATIONS IN FIELD MEASUREMENTS OR THE SOFTWARE USED TO PERFORM THE CALCULATIONS. FOR THIS REASON, THE AREA IS SHOWN AS A -MORE OR LESS -FIGURE, AND IS NOT TO BE REUED UPON AS AN ACCURATE FACTOR FOR REAL ESTATE SALES PURPOSES. Deed of Trust Holder THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST/MGRTGAGE RECORDED ON 8/21/2015 AT RECEPTION NO. 2015089250, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDERS, HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHTS, TITLE AND INTEREST UNDER SAID DEED OF TRUST/MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF JZ,fAC&_ 201 ,07 LENDER: !!I- CREDIT UNION �r 8Y: i Cross /ase Easenlente THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS -ACCESS EASEMENTS," AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHAW. BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNER, AND SHALL FURTHERMORE ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENT FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS .Standard Easements TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. FIVE -(5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTIUTIES 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, 11. THE SUBJECT PROPERTY IS ZONED R-1, RESIDENTIAL-DNE DISTRICT, PER CIN OF WHEAT RIDGE, AS RESEARCHED ON AUGUST 24, 2016. THE RESTRICTIONS ARE AS FOLLOWS: FRONT SETBACK: 10 FEET SIDE SETBACK: 15 FEET REAR SETBACK: 15 FEET MAXIMUM BUILDING HEIGHT: 35 FEET MAXIMUM BUILDING COVERAGE: 251 MINIMUM LOT AREA: 12,500 SQ. FT. MINIMUM LOT WIDTH: 100 FEET 12. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE SHOWN GRAPHICALLY HEREON. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. /12 NOV. 29, 1963 BOOK 2065, PAGE 652 MOUNTAINS STATES TELEPHONE & TELEGRAPH COMPANY EASEMENT /15 DEC. 28, 1962 BOOK 1553, PAGE 296 INGRESS -EGRESS EASEMENT 13. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND APPEAR TO AFFECT THE SUBJECT PROPERTY BUT CANNOT BE SHOWN GRAPHICALLY. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. f8 SEPT. 26, 2013 REC. NO. 2013117987 DEED OF TRUST /9 AUG. 21, 2015 REC. NO. 2015089250 DEED OR TRUST /10 MAY 16, 1880 BOOK 9, PAGE 268 CHANGES DUE TO RELOCATION OR MOVEMENT OF DITCH IM1 JAN. 21, 1897 BOOK 93, PAGE 590 DITCH RIGHTS OF WAY j13 OCT. 07, 1971 BOOK 2305, PAGE 895 CONSOUDATION OF FIRE DISTRICTS (BLANKET EASEMENT) /14 JAN. 11, 2002 REC. NO. F13399957 DUAL WATER SUPPLY AGREEMENT 14. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE ILLEGIBLE. THE FOLLOWING UST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. #11 FEB. 20, 1940 BOOK 410, PAGE 472 DITCH RIGHTS OF WAY 15. NOS/NGS STATEMENT OF ACCURACY: THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM NAD&3 HARN STATE PLANE COLORADO CENTRAL FIPSO502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 951 CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 16. COORDINATES SHOWN HEREON ARE CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM, BEING GROUND MODIFIED NAD83 STATE PLANE COORDINATES, COLORADO CENTRAL ZONE 0502, ON NADV88 VERTICAL DATUM. ALL COORDINATE INFORMATION IS DERIVED FROM PUBLISHED CITY OF WHEAT RIDGE POINT PHAC-1 INFORMATION, WITH A COMBINED SCALE FACTOR OF 0.99974780300, AND WITH NAD83 STATE PLANE GRID COORDINATES AS FOLLOWS: N:170125&75. E:3118217.58, ELEVATION: 5,471.62'. - 17. THE LEE, STEWART AND ESKINS IRRIGATION DITCH APPEARS TO RUN ALONG THE SOUTHERLY PROPERTY LINE. THE DITCH COMPANY WILL HAVE CERTAIN PRESCRIPTIVE RIGHTS ALONG THE DITCH FOR MAINTENANCE PURPOSES. DITCH COULD NOT BE ACCURATELY LOCATED AND THEREFOR IS NOT SHOWN ON THIS PLAT. 1& THE INGRESS -EGRESS EASEMENT RECORDED IN BOOK 1553, PAGE 296 DOES NOT CORRESPOND 'NTH ACTUAL OBSERVED ACCESS ACROSS THE PARKING LOT TO THE NORTH. Surveyor's Certificate I, JOHN B. GUYTON. A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY STATE FOR AND ON BEHALF OF FLATIRONS INC., TO MIKE GLAVAN, THAT THE SURVEY OF THE BOUNDARY OF 12250 W. 38TH SUBDIVISION WAS CONDUCTED BY ME OR UNDER MY RESPONSIBLE CHARGE ON AUGUST 22, 2016, AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYNG PLAT ACCURATELY REPRESENTS SAID SURVEY. JOHN B. GUYTON COLORADO RLS. #16406 CHAIRMAN & CEO, FLATIRONS, INC. )qoo UK U II II+I IIHi n�aonma a Ms U $ I old y� b c $ 3 C �SAR '_2 gg a ao '„{' m 6-2017 SHEET 1 OF 2 MICHAEL S. VAh K EN GLAVAN STATE OF COLORADO ) )SS COUNTY OF JEFFERSON ) THE-FOREGOINGINS MEN WAS ACKNOWLEDGED BEFORE ME THIS _�= DAY OFi O 2011._ A.D.• BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: TAl"AD00— '� l- anl�ea NOTARY PUBLIC IIDMIIYC]OJ61p+51H i Mr xM5910/![Ji.'WtF.iNhJdil. 810 I M b3 -11-9b) 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 I1�Q'O'CLOCK A -M. ON THE 19M DAY nF MATY P% 20-1am A.D., RECEPTION NO. .j J.-7 n2Y7�1a_•-w!se 3" JEFFERSON COUNTY CUAK AND RECORDER : e3 DEPUTY4eg� �a City Certmcatipn APPROVED THIS =� DAY OF 20j�2__ BY THE CITY OF WHEAT RIDGE. / ACCEPTANCE OF DEDICATED INTERESTS IN REAL PROPERTY THE CITY OF WHEAT RIDGE, COLORADO HEREBY ACCEPTS THE DEDICATION AND CONVEYANCE TO THE CITY OF THOSE LOTS, TRACTS, EASEMENTS, AND OTHER INTERESTS IN REAL PROPERTY DENOTED ON THIS PLAT AS BEING DEDICATED TO THE CITY FOR PUBLIC PURPOSES. ATTEST: el -1011 d&wlu ELLE SHAVER. CITY CLERK DATE sLT'. -7 .Z R C R OF COMM I D LOPME OABE NBrORY MS -16-06 MKIIIII GLAVAN SUBDIVISION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M. , CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 Vicinity Map SCALE: 1"=250' Notes 1. EMPIRE TITLE NORTH, U.C. COMMITMENT NUMBER 200527, DATED OCTOBER 6, 2016 AT 8:00 A.M., WAS ENTIRELY RELIED UPON FOR RECORDED INFORMATION REGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES IN THE PREPARATION OF THIS SURVEY. THE PROPERTY SHOWN AND DESCRIBED HEREON IS ALL OF THE PROPERTY DESCRIBED IN SAID TITLE COMMITMENT. 2. 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. 3. THIS SURVEY IS VAUD ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR. 4. BASIS OF BEARINGS: CPS DERIVED BEARINGS BASET) ON A BEARING OF N8922'34'E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BETWEEN A FOUND 3 1/4" BRASS CAP ON ALUMINUM PIPE STAMPED 'CITY OF WHEAT RIDGE SURVEY MONUMENT LS 13212 T3S R69W S20 S29 1984" IN RANGE BOX AT THE NORTH QUARTER CORNER OF SECTION 29, BEING CITY OF WHEAT RIDGE POINT fIS109, LATITUDE: 39'46'08.90304"N, LONGITUDE 105*08'16.53666"W AND A FOUND 3 1/4- BRASS CAP STAMPED "CITY OF WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE NORTHEAST CORNER OF SECTION 29 BEING CITY OF WHEAT RIDGE POINT /15209, LATITUDE 39'46'09.08342"N, LONGITUDE 105'07'42.38500"W AS SHOWN HEREON. COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NORTH AMERICAN DATUM 1983 (NAD83). ALL BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 5. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR. BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC 18-4-508. WHOEVER WILFULLY DESTROYS, DEFACES, CHANGES, OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER, OUARTER-SECTION CORNER, OR MEANDER POST, ON ANY GOVERNMENT UNE OF SURVEY, OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE UNE OF A GOVERNMENT SURVEY, OR WILLFULLY DEFACES, CHANGES, OR REMOVES ANY MONUMENT OR BENCH MARK OF ANY GOVERNMENT SURVEY, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18 U.S.C. § 1858. 6. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS ADMINISTRATIVE SUBDIVISION 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. - 7. FLOOD INFORMATION: THE SUBJECT PROPERTY IS LOCATED IN ZONE X UNSHADED, AREAS DETERMINED TO BE OUTSIDE THE 0.21 ANNUAL CHANCE FLOODPLAIN AND/OR ZONE D, AREAS IN WHICH FLOOD HAZARDS ARE UNDETERMINED, BUT POSSIBLE, ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP; COMMUNITY -PANEL NO. 085079-0194 F, DATED FEBRUARY 5, 2014. THE MAP DOES NOT DIFFERENTIATE BETWEEN ZONE X UNSHADED AND ZONE D. FLOOD INFORMATION IS SUBJECT TO CHANGE. B. DATES OF FIELDWORK: OCTOBER 1, 2009 (FSI JOB /139-56,378). UPDATED AUGUST 22, 2016 (CREW CHEF: T. FENDICK) 9. THE WORD "CERTIFY AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THIS SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. 1D. THE TOTAL AREA OF THE SUBJECT PROPERTY IS 76,755 SQ. FT. OR 1.7620 ACRES, MORE OR LESS. AREA AS SHOWN HEREON IS A RESULTANT FACTOR, NOT A DETERMINATIVE FACTOR, AND MAY CHANCE SIGNIFICANTLY WITH MINOR VARIATIONS IN FIELD MEASUREMENTS OR THE SOFTWARE USED TO PERFORM THE CALCULATIONS. FOR THIS REASON, THE AREA IS SHOWN AS A -MORE OR LESS -FIGURE, AND IS NOT TO BE REUED UPON AS AN ACCURATE FACTOR FOR REAL ESTATE SALES PURPOSES. Deed of Trust Holder THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST/MGRTGAGE RECORDED ON 8/21/2015 AT RECEPTION NO. 2015089250, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDERS, HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHTS, TITLE AND INTEREST UNDER SAID DEED OF TRUST/MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF JZ,fAC&_ 201 ,07 LENDER: !!I- CREDIT UNION �r 8Y: i Cross /ase Easenlente THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS -ACCESS EASEMENTS," AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHAW. BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNER, AND SHALL FURTHERMORE ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENT FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS .Standard Easements TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. FIVE -(5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTIUTIES 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, 11. THE SUBJECT PROPERTY IS ZONED R-1, RESIDENTIAL-DNE DISTRICT, PER CIN OF WHEAT RIDGE, AS RESEARCHED ON AUGUST 24, 2016. THE RESTRICTIONS ARE AS FOLLOWS: FRONT SETBACK: 10 FEET SIDE SETBACK: 15 FEET REAR SETBACK: 15 FEET MAXIMUM BUILDING HEIGHT: 35 FEET MAXIMUM BUILDING COVERAGE: 251 MINIMUM LOT AREA: 12,500 SQ. FT. MINIMUM LOT WIDTH: 100 FEET 12. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE SHOWN GRAPHICALLY HEREON. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. /12 NOV. 29, 1963 BOOK 2065, PAGE 652 MOUNTAINS STATES TELEPHONE & TELEGRAPH COMPANY EASEMENT /15 DEC. 28, 1962 BOOK 1553, PAGE 296 INGRESS -EGRESS EASEMENT 13. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND APPEAR TO AFFECT THE SUBJECT PROPERTY BUT CANNOT BE SHOWN GRAPHICALLY. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. f8 SEPT. 26, 2013 REC. NO. 2013117987 DEED OF TRUST /9 AUG. 21, 2015 REC. NO. 2015089250 DEED OR TRUST /10 MAY 16, 1880 BOOK 9, PAGE 268 CHANGES DUE TO RELOCATION OR MOVEMENT OF DITCH IM1 JAN. 21, 1897 BOOK 93, PAGE 590 DITCH RIGHTS OF WAY j13 OCT. 07, 1971 BOOK 2305, PAGE 895 CONSOUDATION OF FIRE DISTRICTS (BLANKET EASEMENT) /14 JAN. 11, 2002 REC. NO. F13399957 DUAL WATER SUPPLY AGREEMENT 14. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE ILLEGIBLE. THE FOLLOWING UST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. #11 FEB. 20, 1940 BOOK 410, PAGE 472 DITCH RIGHTS OF WAY 15. NOS/NGS STATEMENT OF ACCURACY: THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM NAD&3 HARN STATE PLANE COLORADO CENTRAL FIPSO502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 951 CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 16. COORDINATES SHOWN HEREON ARE CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM, BEING GROUND MODIFIED NAD83 STATE PLANE COORDINATES, COLORADO CENTRAL ZONE 0502, ON NADV88 VERTICAL DATUM. ALL COORDINATE INFORMATION IS DERIVED FROM PUBLISHED CITY OF WHEAT RIDGE POINT PHAC-1 INFORMATION, WITH A COMBINED SCALE FACTOR OF 0.99974780300, AND WITH NAD83 STATE PLANE GRID COORDINATES AS FOLLOWS: N:170125&75. E:3118217.58, ELEVATION: 5,471.62'. - 17. THE LEE, STEWART AND ESKINS IRRIGATION DITCH APPEARS TO RUN ALONG THE SOUTHERLY PROPERTY LINE. THE DITCH COMPANY WILL HAVE CERTAIN PRESCRIPTIVE RIGHTS ALONG THE DITCH FOR MAINTENANCE PURPOSES. DITCH COULD NOT BE ACCURATELY LOCATED AND THEREFOR IS NOT SHOWN ON THIS PLAT. 1& THE INGRESS -EGRESS EASEMENT RECORDED IN BOOK 1553, PAGE 296 DOES NOT CORRESPOND 'NTH ACTUAL OBSERVED ACCESS ACROSS THE PARKING LOT TO THE NORTH. Surveyor's Certificate I, JOHN B. GUYTON. A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY STATE FOR AND ON BEHALF OF FLATIRONS INC., TO MIKE GLAVAN, THAT THE SURVEY OF THE BOUNDARY OF 12250 W. 38TH SUBDIVISION WAS CONDUCTED BY ME OR UNDER MY RESPONSIBLE CHARGE ON AUGUST 22, 2016, AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYNG PLAT ACCURATELY REPRESENTS SAID SURVEY. JOHN B. GUYTON COLORADO RLS. #16406 CHAIRMAN & CEO, FLATIRONS, INC. )qoo UK U II II+I IIHi n�aonma a Ms U $ I old y� b c $ 3 C �SAR '_2 gg a ao '„{' m 6-2017 SHEET 1 OF 2 NCRII�ER� GLAVAN SUBDIVISION NORTH 29, T QUARTER MORN 3 SOUTH, RANGE 69 WEST OF THE'OTH P.M. F OUND 3 "` BR7AN GAP ION T A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TI PEE STAMPED 'GOY OF T RODE SURVEY MONUMENT 1084r IS TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M. , 2 675 ENT 520 525 1864• EMINENT RECORD DATID°'�'�'�` CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO of MEATROLEPONTjI51090666251 D�B-3] SHEET 2 OF 2 igE: �'48'08.9QT04'NA110N: 5,4.64' BASIS OF BE AR9NGS NORTH LANE OF THE NORTHEAST QUARTER MDF FOUND 3 1/4' BRASS CAP STAMPED .0 TY OF WHEAT RIDGE LS 13212 20 21 29 28' M RANGE BOX PER MONUMENT RECORD DATED WAY S 2005 C17Y OF WHEAT RIDGE POINT 015202 LATITUDE 39.46'09.08342N LONGITUDE. 105074238500'W ELEVATION: 5.456.90' 0 @ SECTION 2D N897234E 21567.46' (AY) h ZONE RR / (C) gn n CENTER WMIER COINER OF SECTION 28, TOWNSHIP 3 SOUTK RANGE 69 WEST OF THE 6TH P.Y. ^' FOND 3 1/4' BRASS CAP STATED i 07Y OF NKAT RIDGE LS 13212 C 1/4 SEC 29 T3S R39W RESET 1688 1985' INRANGEBOK PER YGNLNENT RECORD DATED MAY 5. 2008 CITY OF WHEAT RIDGE POINT FIB10D (o FTI.OR ` 4}2 PLASTIC ST6 G E 102595.00 ELEVATION: 5.466.30' / R \J G�1 'TERRY ENLB N"l5• / REBAR I FOUND 135. ORANGE - PLASTIC CAP STAMPED PER THE PLAT OF FROG FARM MINOR !/I 10102. ON R I 715 12345. ON 05 REBAR FOUND BENT O.5• SQUARE RED --- LOT I (P1) SUBDIVISION AS PER THE PLAT OF APPLEWOOD VISTA ZONE' S2i FROG FARM l<INOR SF SURDIV3SivtY (R) AS PER RECORD INFORMATION I rJ Wim.-. / 5 LAgerld I (TC) LOT - ro p ZONE R -IA � FOUND ALIQUOT MONUMENT AS DESCRIBED LOT 2zaNE In f 3 • FOUND MONUMENT AS DESCRIBED R-' - R g r ZLOTR16A ® FOUND BRASS TAG AS DESCRIBED Yi UNPLAT7ED = - (AM) AS MEASURED AT TIME OF SURVEY 0 @ I l' h ZONE RR / (C) gn n CENTER WMIER COINER OF SECTION 28, TOWNSHIP 3 SOUTK RANGE 69 WEST OF THE 6TH P.Y. ^' FOND 3 1/4' BRASS CAP STATED i 07Y OF NKAT RIDGE LS 13212 C 1/4 SEC 29 T3S R39W RESET 1688 1985' INRANGEBOK PER YGNLNENT RECORD DATED MAY 5. 2008 CITY OF WHEAT RIDGE POINT FIB10D It 703025.94 G E 102595.00 ELEVATION: 5.466.30' / R \J 345.39'(AM) ------ I. I 5.0' TES MOUNTAIN TELEGRAPH \ COMPANY EASEMENT PER TO PAGE 652 //\<� -C m\- ` LOT B 1(I1 I LOT 12 LOT 4 ZONE 0.-I A LOT 2I ZONE R -IA ZONE R -IA BLOCK 25.0' 25,1 < < M ZONE R-1 i F iSHCaCKL.cTT'S Su3'J':VIS''."9`'' I) I LOT 3 UI& " I ZONE R -1A TRACT D� E LOT 6 ZONE R-1A� I. ZONE R-lA ZONE —TRACT I / GRAPHIC SCALE ( OR EEBT ) 1 Inch - TED fL I0000O uWal !T. I101-16-2017 J. STEPHENSON I SHEET 2 OF 2 ZONE RR / (C) AND AS ^' -1 MEASURED FORMA�txO'10RD IAS (P) PER THE PLAT OF FROG FARM MINOR !/I f IS I FOUND BENT O.5• SQUARE RED (P1) SUBDIVISION AS PER THE PLAT OF APPLEWOOD VISTA (R) AS PER RECORD INFORMATION I (TC) AS PER DESCRIPTION IN TITLE DOCUMENT ro p -) (SEE NOTE 1) .�. 0] .•_ 7fY RIGHT OF ."'M AND EGRESS PER I - yT m o C \ LOT 15 ZONE R -1A - " .. -RIGH T-OF-WAY f-- 2-. BOOK 1653, PAGE 286 O ZED -----CENTERLINE (,R I POINT OF BEGINNING FOUND 1,5' AIAAENUY CAP PROPERTY LINE NSM*25'E 346.43' AM STAMPED 'FLATIRONS S1 RV EXISRNG LAT LINE �` Ll 1LY06' ON REBAR - •t V? E 10349&071 - — SECTION LINE rc5: .g .K \ PROPOSED LOT UNE FOUND 1.5' AUmNw CAP m — — — EASEMENT PROPOSED/E)OSTING U STAMPED 'FLATIRONS SURV v � rl 16406' ON 9 REBAR 70 N: 490SB{ LOT 12 \ - X E 107139.72 589'13'26'W 105.00' ZONE R -1A ' F- UTILITY EASEMENT I5' BY THIS PLAT r ---0�. I L'j n.. LOT 3 $I LOT 1 I d 2ME R-1 5ACRE SM FE OR 1.3121 _ I ACRES MORE OR 1E55 LOT 2 EDI ZONE R-1 / 19.600 S0. FT. ; OR 0.4500 ARES E0�0R LESS h MI glI REG NO. 4008118750 I I f LOT 11 ZONE R-lA / L� ZI SO' MOUNTAIN STATES Z LOT UNE HEREBY GEARED BY THIS PIAT TELEPHONE k TELEGRAPH COMPANY EASEMENT PER I BOOK 20652 PACE 652 / I 589'f3'26'W TO REMAIN . so. 35.00' / I Lor 10 5' UTILITY EET I ZONE R -IA HERESY DEBIGTED BY THIS PUT N00'42'13'W 20.00' 2000'.41.25' CROS$ ACCESS ! UTILITY EAffJm1T HEREBY I I FOUND Y ALUMINUM TAC / STAMPED 'FLATIRONS FOUND 1.5' ALUMINUM CAP STAMPEB 'FLATIRONS SURV 16106. N: 15 REBAR N: 70466416 10• GOUTY EASEMENT HEREBY DEDICATED BY THIS PUT d L I L DEDICATED BY THIS PUT 41.u' § I I SEE N07E 17. SHEET 1 SURVEY91G LS 16406' N: ].4666.94 E: 103487.77 / E 10316241 t--�" I -- --- 345.39'(AM) ------ I. I 5.0' TES MOUNTAIN TELEGRAPH \ COMPANY EASEMENT PER TO PAGE 652 //\<� -C m\- ` LOT B 1(I1 I LOT 12 LOT 4 ZONE 0.-I A LOT 2I ZONE R -IA ZONE R -IA BLOCK 25.0' 25,1 < < M ZONE R-1 i F iSHCaCKL.cTT'S Su3'J':VIS''."9`'' I) I LOT 3 UI& " I ZONE R -1A TRACT D� E LOT 6 ZONE R-1A� I. ZONE R-lA ZONE —TRACT I / GRAPHIC SCALE ( OR EEBT ) 1 Inch - TED fL I0000O uWal !T. I101-16-2017 J. STEPHENSON I SHEET 2 OF 2 4 41 91 City of `� �Wh6atfk COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave January 19, 2017 Michael & Carol Glavan 12250 W. 38th Avenue Wheat Ridge CO 80033 Dear Mr. & Mrs. Glavan: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is to inform you that Case No. MS -16-06, a subdivision of property located 12250 W. 38th Avenue to add another residential lot has been approved and is ready to be recorded Please provide a 24" x 36" blackline mylar with signatures from the property owners and surveyor in black indelible ink. Recording fees in the amount of $23 must be submitted with the mylar. In addition, parks fees in the amount of $2497.29 for the new residential lot must be provided at that as well. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Cc: MS -16-06 (case file) MS 1606.doc www.ci.wheatridge.co.us City of WheatR�d�e PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: January 17, 2017 SUBJECT: MS-16-06/Glavan Subdivision, 12250 W. 38th Avenue I have completed my third review for the request of the 2 -lot subdivision plat of the property at 12250 W. 38th Avenue resubmitted on January 17, 2017, and I have the following comments: 1. All previous comments have been addressed; the Final Plat is hereby approved by Public Works Glavan Sub _12250 W38th Ave _approval. ltr.docx City of Wheat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building January 13, 2017 Michael Glavan 12250 W. 38th Avenue Wheat Ridge, CO 80033 Dear Mr. Glavan: 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an application filed for approval of a two -lot subdivision plat for property located at 12250 W. 38th Avenue. The application has been reviewed and the following are comments regarding the second submittal. All of my requested chanEes have been made. 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 January 13, 2017. Xcel Energy: See attached correspondence from Donna George dated November 30, 2016. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. Once the changes have been made, please submit one 24" x 36" hard copy of the plat document and an electronic copy with a PDF document and an AutoCAD dwg (2010 or older) including all external reference and shx files, etc. 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 www.ci.wheatridge.co.us City of W heat -Midge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: January 13, 2017 SUBJECT: MS-16-06/Glavan Subdivision, 12250 W. 38th Avenue I have completed my second review for the request of the 2 -lot subdivision plat of the property at 12250 W. 38th Avenue resubmitted on January 5, 2017, and I have the following comments: Sheet 1: 1. Under City Certification in the first submittal, there was an "Acceptance of Dedicated Interests in Real Property" paragraph with a mayor's signatory. It has been removed. Is it not required? Also, the "Attest" block has changed with no City Clerk name, seal space and date. ?? 2. As the vicinity map has changed substantially, add the three significant street names as shown on the redlines. Sheet 2: 1. Include the on-site zoning: ZONING R-1. 2. The Lee, Stewart, & Eskins Irrigation Ditch referred to in Note 17 on the Cover Sheet lies along the southern border of the subdivision, and the approximate extents could be shown more clearly as redlined. 3. Minimum text height should be > 0.1" — Lot line dimensions appear to be too small. 4. Please change all occurrences of "DEDICATED PER THIS PLAT" to "DEDICATED BY THIS PLAT" to be consistent. 5. Indicate the Mountain States Telephone and Telegraph easements are "TO REMAIN" across Lots 1 and 2. Glavan Sub 12250 W38th Ave Review-2.docx Owner's Ceftifloate WE. MICHAEL S. GLAVAN & KAREN GLAVAN, BEING THE OWNERS OF REAL PROPERTY CONTAINING 1.7620 ACRES DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON. STATE OF COLORADO, BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 29 TO BEAR NORTH 89'22'34' EAST, A DISTANCE OF 2,667.46 FEET BETWEEN A FOUND 3 1/4" BRASS CAP ON ALUMINUM PIPE STAMPED "CITY OF WHEAT RIDGE SURVEY MONUMENT LS 13212 T3S R69W S20 S29 1984" IN RANGE BOX AT THE NORTH QUARTER CORNER OF SAID SECTION 29 AND A FOUND 3 1/4" BRASS CAP STAMPED "CITY OF WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE NORTHEAST CORNER OF SAID SECTION 29, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 65'38'57" WEST, A DISTANCE OF 1915.51 FEET TO A POINT ON THE WESTERLY UNE OF LOT 12, APPLEWOOD VISTA, BEING THE TRUE POINT OF BEGINNING; THENCE FOLLOWING ALONG SAID WESTERLY UNE OF LOTS 12 AND 11, APPLEWOOD VISTA, SOUTH 00'41'38" EAST, A DISTANCE OF 22282 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 11, APPLEWOOD VISTA; THENCE ALONG THE NORTH LINE OF A PORTION OF FITTS-ADDITION AND FITTS SUBDIVISION SOUTH 89'13'26' WEST, A DISTANCE OF 345.39 FEET TO THE NORTHEASTERLY CORNER OF SAID FITTS SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF LOT 3, FROG FARM MINOR SUBDIVISION AMENDMENT NO. i NORTH 00'42'13' WEST, A DISTANCE OF 221.61 FEET TO THE SOUTHEASTERLY CORNER OF THAT UNPLATTED PROPERTY DESCRIBED AT RECEPTION NO. F1262804; THENCE ALONG THE SOUTHERLY LINE OF SAID UNPLATTED PROPERTY NORTH 89'01'25" EAST, A DISTANCE OF 345.43 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 76,754 SQUARE FEET OR 1.7620 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF GLAVAN SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. MICHAEL S. GLAVAN KAREN GLAVAN STATE OF COLORADO ) )SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20-_ A.D., BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC 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 _.M. ON THE DAY OF 20_ A.D.. RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER DEPUTY City Certification GLAVAN SUBDIVISION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M. , CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 APPROVED THIS DAY OF 20_, BY THE WHEAT RIDGE CITY C UNCIL ATTEST Not sure why this was removed from the 1st submittal, but the "ACCEPTANCE OF CITY CLERK MAYOR DEDICATED ]INTERESTS fN REAL PROPERTY" statement needs to be included for COMMUNITY DEVELOPMENT DIRECTOR the easements that are being granted by this plat. DIRECTOR OF PUBLIC WORKS teed of Trust Holder THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST/MORTGAGE RECORDED ON 8/21/2015 AT RECEPTION NO. 2015089250, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDERS, HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHTS, TITLE AND INTEREST UNDER SAID DEED OF TRUST/MORTGAGE TO THE WITHIN PLAT. SIGNED THIS_ DAY OF 2016. LENDER: BELLCO CREDIT UNION BY: MS -16-O6 Vicinity Map SCALE 1'250' Notes 1. EMPIRE TITLE NORTH, LLC. COMMITMENT NUMBER 200527, DATED OCTOBER 6, 2016 AT 8:00 A.M., WAS ENTIRELY RELIED UPON FOR RECORDED INFORMATION REGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES IN THE PREPARATION OF THIS SURVEY. THE PROPERTY SHOWN AND DESCRIBED HEREON IS ALL OF THE PROPERTY DESCRIBED IN SAID TITLE COMMITMENT. 2. 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. 3. THIS SURVEY IS VALID ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR. 4. BASIS OF BEARINGS: GPS DERIVED BEARINGS BASED ON A BEARING OF N89'22'34'E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 29. TOWNSHIP 3 SOUTH, RANGE 69 WEST, BETWEEN A FOUND 3 1/4" BRASS CAP ON ALUMINUM PIPE STAMPED "CITY OF WHEAT RIDGE SURVEY MONUMENT LS 13212 T3S R69W S20 S29 1984" IN RANGE BOX AT THE NORTH OUARTER CORNER OF SECTION 29, BEING CITY OF WHEAT RIDGE POINT 115109, LATITUDE: 39'46'08.90304'N. LONGITUDE: 105'08'16.53666'W AND A FOUND 3 1/4' BRASS CAP STAMPED "CITY OF WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE NORTHEAST CORNER OF SECTION 29 BEING CITY OF WHEAT RIDGE POINT 115209, LATITUDE: 39'46'09.08342"N, LONGITUDE 105'07'4238500"W AS SHOWN HEREON. COLORADO STATE PLANE COORDINATE SYSTEM. CENTRAL ZONE. NORTH AMERICAN DATUM 1983 (NAD83). ALL BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 5. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC 18-4-508. WHOEVER WILLFULLY DESTROYS, DEFACES, CHANGES, OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER, QUARTER -SECTION CORNER, OR MEANDER POST, ON ANY GOVERNMENT LINE OF SURVEY, OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LINE OF A GOVERNMENT SURVEY, OR WILLFULLY DEFACES, CHANGES, OR REMOVES ANY MONUMENT OR BENCH MARK OF ANY GOVERNMENT SURVEY, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18 U.S.C. $ 1858. 6. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS ADMINISTRATIVE SUBDIVISION 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. 7. FLOOD INFORMATION: THE SUBJECT PROPERTY IS LOCATED IN ZONE X UNSHADED, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AND/OR ZONE D, AREAS IN WHICH FLOOD HAZARDS ARE UNDETERMINED, BUT POSSIBLE, ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP; COMMUNITY -PANEL NO. 085079-0194 F, DATED FEBRUARY 5, 2014. THE MAP DOES NOT DIFFERENTIATE BETWEEN ZONE X UNSHADED AND ZONE D. FLOG) INFORMATION IS SUBJECT TO CHANGE. 8. DATES OF FIELDWORK: OCTOBER 1, 2009 (FSI JOB f09-56,378). UPDATED AUGUST 22, 2016 (CREW CHIEF: T. FENDICK) 9. THE WORD "CERTIFY' AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THIS SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. 10. THE TOTAL AREA OF THE SUBJECT PROPERTY IS 76,755 SQ. FT. OR 1.7620 ACRES, MORE OR LESS. AREA AS SHOWN HEREON IS A RESULTANT FACTOR, NOT A DETERMINATIVE FACTOR, AND MAY CHANGE SIGNIFICANTLY WITH MINOR VARIATIONS IN FIELD MEASUREMENTS OR THE SOFTWARE USED TO PERFORM THE CALCULATIONS. FOR THIS REASON, THE AREA IS SHOWN AS A "MORE OR LESS- FIGURE, AND IS NOT TO BE RELIED UPON AS AN ACCURATE FACTOR FOR REAL ESTATE SALES PURPOSES. Cross Access Easements THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS -ACCESS EASEMENTS," AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNER, AND SHALL FURTHERMORE ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENT FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBUC STREETS. Standard Easements TEN -FOOT (10') VIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. FIVE (6) NOE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. THESE EASEMEN ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMEN' AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. 11. THE SUBJECT PROPERTY IS ZONED R-1, RESIDENTIAL -ONE DISTRICT, PER CITY OF WHEAT RIDGE, AS RESEARCHED ON AUGUST 24, 2016. THE RESTRICTIONS ARE AS FOLLOWS: FRONT SETBACK: 10 FEET SIDE SETBACK: 15 FEET REAR SETBACK: 15 FEET MAXIMUM BUILDING HEIGHT: 35 FEET MAXIMUM BUILDING COVERAGE 25% MINIMUM LOT AREA: 12,500 SQ. FT. MINIMUM LOT WIDTH: 100 FEET 12. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE SHOWN GRAPHICALLY HEREON. THE FOLLOWING UST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. 112 NOV. 29, 1963 BOOK 2065, PAGE 652 MOUNTAINS STATES TELEPHONE & TELEGRAPH COMPANY EASEMENT 115 DEC. 28, 1962 BOOK 1553, PAGE 296 INGRESS -EGRESS EASEMENT 13. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND APPEAR TO AFFECT THE SUBJECT PROPERTY BUT CANNOT BE SHOWN GRAPHICALLY. THE FOLLOWING UST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. 18 SEPT. 26, 2013 REC. NO. 2013117987 DEED OF TRUST f9 AUG. 21, 2015 REC. NO. 2015089250 DEED OR TRUST 110 MAY 16, 1680 BOOK 9, PAGE 268 CHANGES DUE TO RELOCATION OR MOVEMENT OF DITCH f11 JAN. 21, 1897 BOOK 93, PAGE 590 DITCH RIGHTS OF WAY f13 OCT. 07, 1971 BOOK 2305, PAGE 895 CONSOLIDATION OF FIRE DISTRICTS (BLANKET EASEMENT) f14 JAN. 11, 2002 REC. NO. F13399957 DUAL WATER SUPPLY AGREEMENT 14. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE ILLEGIBLE. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. 111 FEB. 20, 1940 BOOK 410, PAGE 472 DITCH RIGHTS OF WAY 15. NOS/NGS STATEMENT OF ACCURACY: THE GEODETIC PONT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM NAD83 HARN STATE PLANE COLORADO CENTRAL FIPS0502 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 STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). 16. COORDINATES SHOWN HEREON ARE CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM, BEING GROUND MODIFIED NAD83 STATE PLANE COORDINATES, COLORADO CENTRAL ZONE 0502, ON NADV88 VERTICAL DATUM. ALL COORDINATE INFORMATION IS DERIVED FROM PUBLISHED CITY OF WHEAT RIDGE PONT PHAC-1 INFORMATION, WITH A COMBINED SCALE FACTOR OF 0.99974780300, AND WITH NAD83 STATE PLANE GRID COORDINATES AS FOLLOWS: N:1701258.75, E:3118217.58, ELEVATION: 5,471.62'. 17. THE LEE, STEWART AND ESKINS IRRIGATION DITCH APPEARS TO RUN ALONG THE SOUTHERLY PROPERTY UNE. THE DITCH COMPANY WILL HAVE CERTAIN PRESCRIPTIVE RIGHTS ALONG THE DITCH FOR MAINTENANCE PURPOSES. DITCH COULD NOT BE ACCURATELY LOCATED AND ON THIS PLAT. THEREFORE NOT SHOWN 18. THE INGRESS -EGRESS EASEMENT RECORDED IN BOOK 1553, PAGE 296 DOES NOT CORRESPOND WITH ACTUAL OBSERVED ACCESS ACROSS THE PARKING LOT TO THE NORTH. CITY OF WHEAT RIDGE PUBLIC WORKS DATE 01/05/2016 RECEIVED 0110512016 2nd Submittal nonaot MME Surveyors Certificatelz-z7-zots I, JOHN B. GUT A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY STATE FOR AND °` AFT FLATIRONS, INC.,., TO MIKE GLAVAN, THAT THE SURVEY OF THE BOUNDARY OF 12250 W. 38TH SUBDIVISION S DRAWN BY: CONDUCTED BY ME OR UNDER MY RESPONSIBLE CHARGE ON AUGUST 22, 2016, AND TO THE BEST OF MY D J. STEPHENSON INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED CHECKED Y: AMENDED, THE ACCOMPANYING PLAT AC 1RjTEI�K"17.��TS�I�W ONLY. ONLY FINAL VERSION VY AT Y (,� JMB/KE/JK JOHN B. GUYTON COLORADO P.L.S. p6406 WILL HAVE STAMP AND SIGNATURE SHEET 1 OF 2 CHAIRMAN &CEO, FLATIRONS,,ININC. NORTH QUARTER GORIER ;Y G LAV A N SUBDIVISION POINT E�7� CORNER SECTION 29. BP 3 SOUTH, STAMPED 'FLATIRONS SURV 16406' ON #5 REBAR Z EXISTING LOT UNE SECTION 29, TOWNSHIP 3 RANGE 89 WEST OF THE 8TH P.M. RANGE 69 NEST OF THE 8TH P.Y. ST OF 3 1/4' BRASS CAP GH N: 704911.74 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, FOUND 3 1/4' BRASS CAP STAMPm 'CITY OF MEAT RIDGE LS 13212 20 21 ALUMINUM PPE STAMPED 'CITY OF ALUMINUM L�FOUND \ FOUND 1.5' ALUMINUM CM WHEAT 3S R 9WSURVEYS20 S29MONU1 ENT l5 13212 RN W 520 529 1994' V TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M. IN RANGE BOX PER MONUMENT DATED NAY 5. 2006 29 28'CITY RECORD PER MONUMENT RECORD DATED NU 16406' ON r REBAR t AT POINT F15209 CITY OF MEAT FUDGE SEPTEMBER 15.1964 LOT 12 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO " '°�'° CITY OF WHEAT FUDGE POINT (15109 3 a m / N: 705672.51 E 1/256267 • FOUND MONUMENT AS DESCRIBED SHEET 2 OF 2 LONGITUDE 10 '0439�2.185500-W LATITut>E: 39'I6'08.90304'N o b or, EO Z ELEVATION: 5,456.90 LONgTI10E '1653661Y- LOT 16 ZONE R - IA ® FOUND BRASS TAG AS DESCRIBED _ _ -- ELEVATION: 5.489.84'. _ _ C OAIS BEARINGS N z \� NORTH LINE OF THE NORTHEAST QUARTER OF (AM) AS MEASURED AT TIME OF SURVEY o SECTION 29 UNPLATTED n N89'22'34'E 2887.46' (AM) / W d ti REG, W. 8262604 (C) CALCULATED FROM RECORD AND AS ,�. i .k / FUND 1� N763 \4"Ej 2 (G� I 'TERRr ENGRG NTj I PLASSTIC CW STS 1010Y ON /3 REB. 'PLS 12346' ON 15 REBAR I AS PER THE PLAT OF FROG FARM MINOR (P) SUBDIVISION LOT C ZONE R-1 y� SSE` - .�R I SS B' SUDi - SQUARE ROD 1 9�2• ;Y I yyy STAMPED 'FLATIRONS SURV 16406' ON #5 REBAR Z EXISTING LOT UNE .Y LI �J N: 704911.74 .� :c( / hi y6 L�FOUND \ FOUND 1.5' ALUMINUM CM N n i m V I am o1 a I / zONELO,TR 7A 16406' ON r REBAR ALIQUOT MONUMENT AS DESCRIBED IU" N: 704905.64 LOT 12 i1.. LOT 2 S8913'26'W 105.00' I 3 a m / p n �v • FOUND MONUMENT AS DESCRIBED 5' UTILITY EASEMENT I ZONE R-1 o b or, EO Z LOT 16 ZONE R - IA ® FOUND BRASS TAG AS DESCRIBED C o I N z (AM) AS MEASURED AT TIME OF SURVEY o UNPLATTED n / W d ti REG, W. 8262604 (C) CALCULATED FROM RECORD AND AS ,�. i .k ZONE R-1 MEASURED INFORMATION I AS PER THE PLAT OF FROG FARM MINOR (P) SUBDIVISION C FOUNO BENT 0.5' (P1) AS PER THE PLAT OF APPLEWOOD VISTA N SQUARE ROD ifl (R) AS PER RECORD INFORMATION � \ �� (TC) AS PER DESCRIPTION IN TITLE DOCUMENT =: U 20' PoGNT OF INGRESS I AND EGRESS PER r I- °i \ ZLOT 13 ONE R -1A (SEE NOTE 1) - - RIGHT-OF-WAY F- BOq( 1553, PAGE 298 z n ---- CENTERLINE POINT OF BEGINNING FOUND 1.5' ALUMINUM CAP ;Y PROPERTY UNE '= STAMPED 'FLATIRONS SURV 16406' ON #5 REBAR N89'O1'25'E 345.43' AM EXISTING LOT UNE .Y LI N: 704911.74 :c( Text height a0.1" E 103485.07 \ FOUND 1.5' ALUMINUM CM N n i m V STAMPED 'FLATIRONS SURV - - -EASEMENT PROPOSED/EXISTING / C3 16406' ON r REBAR fl: N: 704905.64 LOT 12 i1.. E: 103139.72 S8913'26'W 105.00' ZONE R -IA p n �v 5' UTILITY EASEMENT I POINT OF BEGINNING FOUND 1.5' ALUMINUM CAP PROPERTY UNE STAMPED 'FLATIRONS SURV 16406' ON #5 REBAR \ EXISTING LOT UNE N: 704911.74 SECTION UNE p E 103485.07 \ PROPOSED LOT UNE N n i m - - - -EASEMENT PROPOSED/EXISTING w oio y GJC� LOT 12 ZONE R -IA p n �v I O Nm I I y 4 5 H C <UY < VIE]iEHY DEDICATED r : Q o R �PLH�1X15 PIAT I 5.0'LOT 1 HV I I < _�I 'LOT 5 N I 41�.T 57.155 SQ. FT. �OR1.312131:wACRES YORE LOT 2 19.600 SO. FT.OR 0 4500 ACRES LOT 11UNPTIIDZONE It REC. N0 2009119350 5.0' MOUNTAIN STATESTELEPHONE & oB�5 PLAT COMPA 2NY T PERR a4TO REMAIN 5.IILO7 1. -15' UTILITY EASE)IENT ZONE R -1A HE R THIXC�T�4213W20.00'x41.25' CROSS ACCESS FOUND 2' ALUMINUM TACN4CAISPU®Y STAMPED FLA 51RVEYING L5 1taDNS 8406' 10' URDTY EASEMENT FOUND 1.5" ALUMINUM CAP (HEREBY DEDICATED BYSTAMPED'FLATIRONS SURV THIS PLAT W704668." 16406' ON #5 REBAR 41.25 5 N01e 17, Sheet I E: 103487.77 N: 701664.26 E: 103142.41 ^P _ 140.01_ ` d OLA r - - - - - - - - - - - - 5 SU NO8'W 345.39' (AM) - - - - - °3` Q SEE NOTE 17 II 5.0' MOUNTAIN STALES -. \ -}{ I This note's Placement is ANTEI-EPtION P YEEASEMENENT PEER not quite clear - consider PAGE 6s2 j\ 1 1 QUARTER me ping like this. GRAPHIC SCALE so CENTER ARTER CORNER OF SECTION 111 RI �I \I\� / f- --- vE^ \ I LOT Iz a t� 29. TONNSHIP 3 SOUTH. RANGE 69 S I r!? `11i3�:. ti LOT 5 4 4 WEST OF THE 67H P.N. _ FOUND 3 1/4' BRASS CAP STAMPED III ZONE R -IA / I ) 'CITY OF WHEAT FUDGE LS 13212 C LOT 2 LOT 4 I I I ZONE R -1A ZONE R -IA JOB NUMBER: 1/4 SEC 29 T35 R69W RESET 1989 I BLOCK c~i o 250 25.0'�j I I � IN FM 16-67,537 1985" IN RANGE BOX PER MONUMENT ZONE R-1 I i I Q w RECORD DATED MAY 5, 2006 r w F ^,`< 1 Iw �i30 DATE: CITY 3 "EAT RDCE PANT F16109 I - 3 E1 %. ' 12/27/2016 N: 703025.94 `1..; t'. ..�_._ . S iu5 ).�r.-� ]O V 12/27 13Y.- F - Y: e 102598.00 I I I \ -J UI r-- / �_ J. STEPHENSON ELEVATION: 5,466.30' I -LOT � �� LLLJJI WOMN€-CQPY ONLY. ONLY FINAL VERSION Ed III ZONE R31A ZTRACT NE FTI DA ]� TRACT E ZONE RLOT 61A I,,, ZONE R -1A I WILD HAVE STAMP AND SIGNATURE ` CHURCH SIGN 105 REBAR I ORANGE CAP ILLEQIBLE FOUND 1 1/4" I ORANGE CAP of "PLS 12346" FOUND 1/2" SQUARE ROD BENT 0.2' SOUTH O n R LOT OT m I LANDSCAPE TIMBERS aN -INGRESSn FOUND 1/2" I a SAGE 296 USED AS CURB STOPS o E' SQUARE ROD I (TYP) 7" POSTED. ADDRESS I 12200 W. .38TH AVE. ONE STORY rn I I 'BRICK BUILDING 0 I .I 'i yYr a } 1 a� 24.3' CURRENTLY ! USED FOR ACCESS T.2 ` ! 1 f ooc ocnc fl•c �o 51(a CROSS PROPERTY LINE 4 c m c cl m i �.3 �0 v FOUND 1 1/4" I ORANGE CAP of "PLS 12346" FOUND 1/2" SQUARE ROD BENT 0.2' SOUTH O n R LOT OT I LANDSCAPE TIMBERS m FOUND 1/2" 'I ' USED AS CURB STOPS o E' SQUARE ROD I (TYP) BENT 0.4' EAST — _ I I I rn I I 0 I I I BRANCHES OF TREE CROSS PROPERTY LINE 4 • I LIGHT POLE E{7 5' GARAGE NO VISIBLE WIRES TO/ FROM F: cn v FRAME 1 STORY 136.0' I CD [-CONCRETE I FOUNDATION IF ENTIFIED BRANCHES OF TREE N ONCRETE .i CROSS PROPERTY UNE c, SQUARE Id N POSTED ADDR ! I z ¢ 12250 W. 38TH I I I I � ONE STORY W/ SSMr-• ! I Z D cp BRICK HOUSE I I a 6" PVC PIPE I I DR, ! ul PA TIALLY E POSED AND 106.2' N p LUN 18" CLA (SEE N PIPEo 15 I I I I o Y FL N �o ESMT I I 'n m SHALL W DITCH V fV �o MOUNTAIN TATES' I BK. 2065 I ! nv G.652 I I - PARTIALLY �, EXPOSED -.CLAY = D n ow� ! J I c-0 18" (SEE NOTE 15) PIPE °i w -tea 3 m o I g l III _ao , 1 1 \l CD �n I I I I III I!< I LOT 4 N ? n m I LOT 5 I I I I ! FITTS- f LOT 2 I I � W r , , City of "� Wheatlk�Ogc COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. December 7, 2016 Michael Glavan 12250 w. 38th Avenue Wheat Ridge, CO 80033 Dear Mr. Glavan: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an application filed for approval of a two -lot subdivision plat for property located at 12250 W. 38th Avenue. The application has been reviewed and the following are comments regarding the first submittal. PLAT DOCUMENT Sheet One 1. Modify the title so that it has a unique name. Filings by address as the title are hard to research later on. 2. The modified subdivision name should be changed in the Dedicatory language. 3. Modify the vicinity map so that it is a line drawing. 4. If there is a holder of the deed of trust, a certification block should be provided. 5. Add a note that zoning on the property is Residential -One (R-1). 6. Modify the City Certification language to be consistent with Wheat Ridge's requirement. Remove the Planning Commission signature block. 7. Add a Case History box with the following case numbers: MS -16-06 8. In the Clerk and Recorder's block, remove the reference to Book and Page numbers as these are no longer used by Jefferson County. Sheet Two 1. Modify the title to be consistent with the front sheet. 2. Please provide the existing access easement language which should include the right -of access for the new lot. 3. As shown, Lot 2 is currently landlocked. Please provide an easement over the northwestern portion of Lot 1. OTHER 1. Fees in lieu of parkland dedication in the amount of $2497.29 for the new residential lot will be required at the time of plat recording. Attached are referrals received from other city departments and outside agencies regarding the plat document. CenturyLink: See attached email from Dustin Pulciani dated November 6, 2016. www.ci.wheatridge.coms Consolidated Mutual Water District: See attached correspondence from Andy Rogers dated November 23, 2016. Northwest Lakewood Sanitation District: See attached correspondence from Bill Willis dated November 21, 2016. Wheat Ridge Police Department: See attached email from Mark Coney dated November 28, 2016. Wheat Ridge Public Works: See attached letter from Dave Brossman dated December 9, 2016. Xcel Energy: See attached correspondence from Donna George dated November 30, 2016. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. Once the changes have been made, please submit one 24" x 36" hard copy of the plat document and an electronic copy with a PDF document and an AutoCAD dwg (2010 or older) including all external reference and shx files, etc. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, 1 J Meredith Reckert, AICP Senior Planner _ _ u ••'•c ,F•,a• �N[oY CJ('tlNHJOtl iru (coc, �tl K[i-YlG (NC) Ild -/],_ �� M _ _ wroe of tlaa noiK wsoG � 'i 'b o xoIsivasnHHiee .M oszzi yul'saoipai� b oL� _p ¢ dao a x LL �`a$g �" ani m Q >z 8< 65 J �E•g= oW;" o€omE 8 a = e,6 ��€^ 8< _€� =ZZ mV�=� W a8-'8 } 8 =m 5r�.�o _6=fief �x smsp Z 2 K s s a x �A�s 3 a� �_ s oleo g. 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NU Ni Ni cq { I - I SO g `M> I J� -ON 1ra3wON3w A$da ¢N NCISIAMEnS HONIw wH�d OcHd ASI I -j I R - a E� �. �QI ,I I cq `M> -ON 1ra3wON3w A$da ¢N NCISIAMEnS HONIw wH�d OcHd 1 I 0 Koko kN ��b _ �d 3aa ♦�A# City of `060Wheat idge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: December 9, 2016 SUBJECT: MS-16-06/Glavan Subdivision, 12250 W. 38th Avenue I have completed my review for the request for an administrative 2 -lot subdivision plat at the property at 12250 W. 38th Avenue received on November 18, 2016, and I have the following comments: Sheet 1: 1. The current title is terrible. How about calling it "GLAVAN SUBDIVISION"? 2. Please be advised that in both the Owner's Certificate (2 places) and in Note #10 the acreage must be given to four (4) decimal places (per the Municipal Code of Laws). 3. The signature line for the Community Development Director needs to be continuous (it currently has a few spaces in the middle of it). 4. Since there are no ingress -easements shown within the bounds of the platted area, PW recommends removing the words "Ingress -Egress" from the "Cross - Access Easement" statement so the reader doesn't potentially misconstrue rights being granted across existing Ingress -Egress Easements (i.e., across the Glory of God property, B1553, P296, see Note #12). 5. Note that the City has revised the City Code regarding Standard Easement language. We no longer require these, especially in the case where one or more of the lots being subdivided is already developed. PW suggests modifying this language to match the redlined comments on Sheet 2 (stating the standard easements are only granted on Lot 2). Contact the case manager, Meredith Reckert at 303.235.2848 for further information regarding the standard easement requirements. 6. The ditch referenced in Note 17 is the Lee, Stewart, & Eskins Irrigation Ditch. It should be noted on this plat that the ditch company will have certain prescriptive rights along the ditch for maintenance purposes. 7. Include the case number, MS -16-06, in the Case History box. Sheet 2: 1. All acreage must be shown to four (4) decimal places. 2. While it's perfectly fine if the owner wishes to create standard 5' & 10' utility Glavan Sub 12250 W38th Ave Review-l.ltr.docx Public Works Engineering December 9, 2016 Page 2 easements along the perimeter of both lots, it may place an additional and possibly unnecessary encumbrance upon Lot 1. Since Lot 1 is already developed, the owner might consider creating new utility easements only along the perimeter of Lot 2. 3. The Lee, Stewart, & Eskins Irrigation Ditch lies along the southern border of the subdivision, and will have certain prescriptive rights along the ditch. As such, PW recommends an "Irrigation Ditch Easement hereby granted by this plat" over the existing ditch alignment. This will formalize the ditch easement for future owners. 4. As there are only two lots being created, the Block designation (normally used for the grouping of lots) is not necessary. 5. Add linetype definitions in the Legend to help distinguish between existing and proposed, rights-of-way, etc. 6. Correct Easting coordinate of SE corner of proposed Lot 1. 7. Add distances to Lot 1 and Lot 2 boundaries to complete individual lot closures (see redlines), per City Code. 8. Add break line symbol on the west lot line of Lot 1/2, Frog Farm Minor Subdivision to be consistent with adjacent break lines. 9. Show centerline of W. 381h Avenue. 10. Identify the west line of the northeast quarter of Section 29 as noted. 11. Identify coordinates and elevation of the Center Quarter corner of Section 29. Glavan Sub 12250 W38th Ave Review-l.ltr.docx Meredith Reckert From: Pulciani, Dustin <Dustin.Pulciani@centurylink.com> Sent: Tuesday, December 6, 2016 2:02 PM To: Meredith Reckert Subject: RE: land use referral Meredith, Per my voicemail to you earlier today, I need to provide comments on behalf of CenturyLink for this proposed plat. Due to internal employee changes, I was not able to provide my comments to you until today. I apologize for submitting my comments past the 12/2 deadline. CenturyLink has a buried copper cable that is running adjacent to Urban Ct. and I believe runs along the proposed southern edge of Lot 1 and Lot 2. 1 have attached a facility map that depicts the general area of this line. Please be advised that this map is not an accurate depiction of the exact location of the line. Due to this approximation, I am unable to determine whether this cable will be completely situated within the new PUE that will be created by the plat. CenturyLink does not object to this plat or the placement of the PUEs, however, CenturyLink needs to ensure that this cable is properly secured within the platted easement areas. Thus, CenturyLink desires to come to an agreement with the Owner to either (a) relocate the lines so that they are entirely within the new PUEs, (b) the new PUEs are expanded to encompass the lines or (c) the Owner agrees to grant CenturyLink a separate easement agreement for the portion of the lines that are situated outside of the PUE. 11 Please advise whether we should contact the Owners directly in order to address this issue or whether to work with you directly. Thanks Dustin Pulciani, ROW Agent Century Link 700 W. Mineral Ave., Littleton, CO 80120 Cell: 720-520-3133 Dustin.Pulciani@centurylink.com �d CenturyLink- Stronger Connected' From: Meredith Reckert fmaiIto: mreckertCabci.wheatridge.co.usl Sent: Friday, November 18, 2016 1:43 PM To: kdahlin@westridgesan.comcastbiz.net; George, Donna L (Donna. L.Georae(�bxcelenergy.com); Brooks, Kelly (kbrooks(cbwestmetrofire.org); mqueen(&cmwc.net; Hauswirth, Lisa; Bruce Kral Subject: land use referral Attached please find referral information regarding Case No. MS-16-06/Galvan. Please respond at your convenience by December 2, 2016. I n.-, I'- d at:') tri (-$I r-, 1 120H � 7- o �i 7ojrn�of 201 m5>". Z Uld bepeilya ed U N1 ON Q 127 02 1 PEQ1211!2 12042 121B2 Y bii6 6 • • • $67 PAaf� data ryY1U�b6+_aogfe 35516 X46 ' 3547 W 34PL & 351 m J W.' "9114-,_aQ<� Q I x1-66 Road zjt00% �►+ c -y 1 "'� c ,, IR+ Q 37r1 ratan MA tVj7nl 6 rnnglP Q S70® 570' > N' rVAN 5T REARE OF -03735 AW 35© w 363D 367 SW5 I�d:al, Fr:ata &VO1 5 Google 12395 t2= Malo masa Lrom16 t',nn gip F-*-' 2 1 data iL20-1 -oogle 3515 55 3 CC(7ONSOLIDATED mutual water November 23, 2016 City of Wheat Ridge Community Development Ms. Meredith Reckert 7500 West 29th Avenue vVheat Ridge, Colorado 80033 Re: Case Number MS -16-06 — 12250 West 38th Avenue — Glavan Subdivision Dear Ms. Reckert: This letter will acknowledge receipt of your correspondence dated November 17, 2016, regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company. Domestic water service may be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. Our records indicate that the property addressed as 12250 West 38th Avenue is currently receiving domestic water from the Company through a 3/4 -inch meter (CMWCo Tap Number 23728/Account Number 01109747-02.) Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. The existing water service tap must remain with existing residential structure. The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a remodel or building addition as a "change of use." The Company's rules, regulations, and requirements further state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue - P.O. Box 150068 - Lakewood, Colorado 80215 Telephone (303)238-0451 - Fax (303)237-5560 City of Wheat Ridge Community Development Ms. Meredith Reckert November 23, 2016 Page 2 of 2 Fire protection requirements should be obtained from West Metro Fire Protection District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, Andy Roge Project Engineer CC' Bruce Kral, West Metro Fire Protection Fire Marshall Michael E. Queen, CMWCo President Zach Queen, CMWCo Superintendent of Distribution Kim Medina, CMWCo Tap Administrator MARTIN MARTIN CONSULTING ENGINEERS November 21, 2016 Meredith Reckert Community Development 7500 W. 29th Avenue Wheat Ridge, CO 80033 Email: mreckert@ci.wheatridge.co.us Re: NWLSD — 12250 W. 38th Ave. — Sanitary Service Availability 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 request received November 17, 2016 concerning a two -lot subdivision plat at 12250 W. 38th Avenue. The Northwest Lakewood Sanitation District can provide sanitary sewer service and has no issues with the proposed two -lot subdivision given that the following conditions are met. The subject lot at the address referenced above is not within the boundary and service area of the Northwest Lakewood Sanitation District. For the property to be serviced by the District, the property must apply to be included in the District. Attached is an excerpt from the District's Rules and Regulations stating the process for inclusion. Treatment of sewage generated within the Northwest Lakewood Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Existing Sanitary Sewer Northwest Lakewood Sanitation District has the following sanitary sewer mains adjacent to the proposed property: • 8 -inch mainline running north to south, south of the referenced property within Urban Court. It appears the property may be serviced by gravity flow; however, the homeowner/developer is responsible for determining depths of the existing sanitary sewer main to verify if gravity flow is feasible or if a private individual sewage ejector (lift station) is required. The issuance of a sewer tap permit by the District does not in any way guarantee that the property can be served by gravity flow. Costs All costs involved are to be deposited in advance— tap fees, observation, inclusion and inspections — are the responsibility of the Owner/Developer at the then current rate fee structure. Martin/Martin Inc. would also like to obtain a site plan when it becomes available. A minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can be paid directly to the District Office prior to connection, payable to Northwest Lakewood Sanitation District, which also collects Metro Wastewater's "connection fees". Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, Bill Willis, PE Cc: AJ Beckman — SDMSI, Inc. Tim Flynn — Collins, Cockrel, Cole MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTIN MARTIN.COM rights in warranties, bonds or guarantees affecting such sewer line, as required by the District; the conveyance of the necessary lines and/or easements therefor; and the filing —. with the District of two copies of "as built" drawings. Section 9. Inclusion and Exclusion of Property Within the District. 9.1 Inclusion - Generally. When, in the Board's discretion, it is desirable and technically feasible to provide public sewer service to a parcel of land outside the District, prior to providing such service such land shall be included into the District pursuant to the Act. The owner of such land shall apply for inclusion as hereinafter provided and shall pay an inclusion fee as established by the Board. 9.2 Inclusion - Procedure. The procedure for inclusion is provided under the Act. That procedure is abstracted here in order that any person petitioning for inclusion may be advised of the general procedures: A. Person desiring to include lands within the District should first contact the Administrator in order to determine whether or not the District's facilities are physically capable of serving such land. B. Once it is decided that the District's facilities may serve such land, the owner of such land (known as the petitioner) shall furnish a complete and accurate legal description and address of such property to,the District on forms provided by the District. The petition shall be submitted by the fee owner or owners and acknowledged in the same manner as required for the conveyance of land. The petition shall be accompanied with the full inclusion fee, as specified in Section 10.5, infra. C. The District's attorney will then review the petition to be certain it meets all legal requirements. The petition will be presented to the Board at a regular meeting; the applicant may attend such meeting to formally present the petition. Once presented to the Board, the Board will cause the petition to be publicized in a newspaper of local circulation in the District, setting forth the time and place for a formal hearing on the petition. The newspaper publication requires about thirty days to complete. No petitioner shall be permitted to withdraw the petition without the Board's express approval. D. Upon completion of publication and payment of the inclusion fee, the Board shall approve or disapprove the petition, such decision being final and conclusive, and, if approved, shall request the District's attorney to obtain a court decree ordering the inclusion of the petitioned property into the District. A certified copy of the 22 court order will then be recorded in the County Clerk and Recorder's office, at which time the property becomes included within the District's boundaries; the County Assessor may also be provided with a copy of such order. The entire process ordinarily takes approximately sixty days after the petition has been submitted to the District. (For hearing procedures, see Appendix A.) 9.3 Exclusion of Property. A parcel of land within the District may be excluded from the District upon proper petition being filed by the owners of the property sought to be excluded. A public hearing shall be held upon each application for exclusion, after the required publication of notice. Necessary forms will be furnished by the District._ All expenses of applying for such exclusion shall be borne by the petitioner, who shall deposit with the District the estimated amount thereof at the time of filing the petition. Exclusion of property from the District shall not excuse the liability of such property from any pledge, charge or lien created by any bonds existing at the time of filing an exclusion petition. All unpaid charges, taxes and liens shall be fully paid by the petitioner at the time of filing the petition. It shall be the policy of the Board to grant exclusions only (a) if the District is unable to serve the property; (b) if in serving the property the District would be duplicating existing services; or (c) the original inclusion of the property was improper. The final decision of the Board to approve or disapprove such exclusion shall be made at the time of the public hearing, and the Board may attach terms, requirements, fees and other payments as conditions of such exclusion. Section 10. Fees, Charges, Rates and Tolls. 10.1 Fees and Service Charges. All fees, charges, rates and tolls to be assessed within the District shall be established hereunder and enacted from time to time by formal resolution of the Board at a public meeting. 10.2 License Fee. Each applicant for a license under Section 6, supra, to do business within the District as a licensed plumber, drainlayer, contractor or otherwise shall pay the following fees: A. For processing of the application and administration of the license (for the calendar year in which the license is issued), a fee of: $50.00. (Adopted 9/12/79.) B. For renewal of the license in each continuous year after the original issuance, a fee of: $10.00. (Adopted 9/12/79.) 10.3 Inspection Fee for Stub -ins. For a stub -in connection to the District's facilities, there shall be paid to the District, before issuance of a permit, a fee for the inspection of the service line construction and stub -in connection to the District's facilities of: $10.00. 23 Meredith Reckert From: Mark Cooney Sent: Friday, November 18, 2016 12:26 PM To: Meredith Reckert Subject: RE: referral - MS -16-06 Glavan I have no problem with this. Mark Cooney Investigations Commander Wheat Ridge Police Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2931 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. From: Meredith Reckert Sent: Friday, November 18, 2016 11:24 AM To: Mark Cooney Subject: referral - MS -16-06 Glavan Dear Mark, The Wheat Ridge Community Development Department has received a request for approval of a tow lot subdivision on R- 1 zoned property at 12250 W. 38th Avenue (Case No. MS-16-06/Glavan). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: MS -16-06 Glavan Comments are due by December 16, 2016; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2848 Fax: 303-234-2857 www.ci.wheatridge.co.us XcelEnergysm PUBLIC SERVICE COMPANY November 30, 2016 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Glavan, Case # MS -16-06 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.I.george@xcelenergy.com Public Service Company of Colorado (PSCo) has reviewed the plat for Glavan and has no apparent conflict. Please be aware PSCo owns and operates existing electric distribution facilities within the subject property. The property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 or https://xcelenergy.force.com/FastApp (register, application can then be tracked) 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 City of Wheat jdge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: November 17, 2016 Response Due: December 2, 2016 The Wheat Ridge Community Development Department has received a request for approval of a two -lot subdivision plat on property zoned Residential -One (R-1) located at 12250 W. 38th Avenue. Case No.: MS-16-06/Glavan Request: Approval of a two lot subdivision plat to create an additional single family parcel. The total size of the property is 1.76 acres. Access is via a private drive from West 38th Avenue to the north. An existing single family home on the property will remain. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. No response from you will constitute having no objections or concerns regarding this proposal. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us Distribution Consolidated Mutual Water Northwest Lakewood Sanitation West Metro Fire Protection District CenturyLink Xcel Energy Wheat Ridge Public Works Wheat Ridge Police Wheat Ridge Building Division "The Carnation City" Vicinity map "The Carnation City" "The Carnation City" City of Wheat li'd e COMMUNITY DEVELOPMENT PRE -APPLICATION MEETING SUMMARY Meeting Date: Applicant: Attending Staff: Specific Site Location: Existing Zoning: Existing Comp. Plan: July 14, 2016 Michael Glavan, property owner mglavan@municipaltreatment.com Meredith Reckert, Senior Planner Lisa Ritchie, Planner I1 Zack Wallace, Planning Technician Dave Brossman, Development Review Engineer 12250 W. 38th Avenue Residential -One (R-1) Neighborhood Existing Site Conditions: The property is located almost 400 feet south of 38th Avenue between Vivian Court and Union Court. It is located at the end of the Urban Court cul -du -sac from 35th Avenue, though is rarely accessed from this area, which is fenced and gated off. The primary access to the home is through the Glory of God Church property, from which the property owner of the home has an access easement. The property is zoned Residential -One (R-1) as are some properties around it. Many properties in the area are zoned Residential -One A (R -IA). The subject property is currently occupied by a single family home, built in 1963. According to the Jefferson County Assessor, the property is approximately 65,776 square feet (1.51 acres). There are several accessory structures on the property, including a detached garage and a shed. The home and accessory structures are largely located on the eastern portion of the lot. Applicant/Owner Preliminary Proposal: The applicant is proposing to subdivide off the western portion of the lot for the possible construction of a single-family home. While the home may not be constructed immediately following the subdivision of the lot, the owner would like to move forward with the subdivision at this time. The preliminary site plan proposes a 19,600 square foot lot on the western portion of the existing property. The applicant is also interested in tearing down the existing barn and constructing a new detached garage for the purpose of storing an RV and trailer. The applicant is interested in having a mother-in- law unit above the new garage. �o r .� N N 01 Y N Will a neighborhood meeting need to be held prior to application submittal? No, a neighborhood meeting will not be required. Planning comments: The following items were discussed based on the applicant's proposal: Zoning & Use The R-1 zone district was established to provide high quality, safe, quiet and stable low-density residential neighborhoods. The minimum lot area for a single-family home in the R-1 zone district is 12,500 square feet. It appears both proposed lots will meet this requirement. The proposed future construction of a single-family home is in-line with the intent of the R-1 zone district. As such, no changes to zoning are required. Subdivision Section 26-204 of the Municipal Code regulates subdivisions. The intent of the regulations is to prepare land for development and to recognize that the arrangement of parcels, streets, and infrastructure has a direct impact on the character and environment of the city. Subdivision regulations are meant to guide Staff to ensure that the health, safety and welfare of present and future residents is protected, orderly growth is promoted, land development is consistent with the city's adopted plans and zoning regulations, public facilities and utilities are properly provided for, and to promote efficient circulation, logical layouts and the creation of necessary roadways and pedestrian connections. The creation of one lot into two falls under the `administrative' plat process, which may be reviewed and decided upon administratively. Utility Providers The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: West Metro Fire Protection District, phone: 303-989-4307 Consolidated Mutual Water District, phone: 303-238-0451 Northwest Lakewood Sanitation District, phone: 303-987-0835 All land use applications will be sent out on referral to these agencies for comment; however, staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Environmental Analysis Greenhouses were previously located on the property to the west of the current house. It may be beneficial for the owner to seek a Phase I Environmental Analysis to determine if the ground is contaminated. Assistance with the environmental analyses may be available through the City of Wheat Ridge. Though please note if environmental contamination is found, the assistance does not cover the cost of clean-up. Please contact Steve Art at 303-235-2806 for more information about assistance available to conduct the environmental analysis. Building Division comments: The building division was not present at the pre -application meeting. The subdivision of the property will have no requirements from the Building Division. Construction of a home and detached garage will require building permits and compliance with the applicable building codes. Please note that the City of Wheat Ridge has adopted and currently enforces the 2012 Edition of the International Codes and the 2014 Edition of the National Electrical Code. The City uses the ANSI 117.1-2009 Standard in determining requirements related to building accessibility. Public Works comments: The following items were discussed based on the applicant's proposal: Access & Easements The Public Works department has determined that the access easement was granted only for ingress and egress from the 12250 W. 38`h Avenue property. There is serious concern that subdividing the property may overburden the easement, in which case it is possible for the easement to be dissolved. It is highly recommended that access to the newly subdivided parcel be from Urban Court. Additional Public Works comments will be provided as an attachment to these notes. Review Process The subdivision process is as follows: The first step in the subdivision process is the pre -application meeting, which occurred on July 14, 2016. After the pre -application meeting is complete, a formal application may be submitted. Applications must be submitted by appointment with a planner. Incomplete applications will not be accepted. An administrative subdivision involves three or fewer lots, tracts, or parcels. Upon submittal of a complete application, the case manager will review the application, send it out on referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days, during which time the referral agencies and departments may submit comments on the application. These comments, as well as those from the case manager, will be forwarded to the applicant. Modifications to the subdivision plat may be required as a result of these comments. The applicant must address comments and resubmit relevant documents. This process may need to occur several times. Once all comments have been addressed to the case manager's satisfaction, the application will be forwarded to the Community Development director for final decision. Once approved, a blackline mylar copy of the plat must be submitted to the City of Wheat Ridge in order to be recorded with Jefferson County Clerk and Recorder. The plat must be approved and recorded prior to the issuance of any building permits. In order to construct a detached garage a variance will be necessary as you will exceed the maximum accessory structure allowance of 1,000 square feet in the R-1 zone district. A variance application does not require a pre -application meeting. However, the application must be submitted by appointment with a planner. The application will be assigned a case manager who will be your point of contact through the duration of your case. 4 A variance request may be reviewed administratively if the request is no more than a 50% deviation from the development standard. Administrative review means there is no public hearing process. A 10 - day notification period is required, and involves signs being posted on the property and a notification letter being sent to adjacent property owners. If no objections are received during the notification period, the case may be reviewed and decided upon by the Community Development Director. If the request is for more than a 50% deviation from the development standards it will automatically require a Board of Adjustment public hearing. If objections are received during an administrative review, the case must also be heard before the Board of Adjustment. You also have a right to appeal a decision of denial by the Community Development Director before the Board of Adjustment. A variance application going before the Board of Adjustment may be sent out on referral to outside agencies (such as the Fire Department, Water District, Sanitation District, etc.) depending on the request. The case will then be scheduled for the next Board of Adjustment public hearing date. A 15 - day notification period is required during which signs will be posted on the property and notification letters will be sent out to property owners in a 300 foot radius of the property. At the hearing, Staff will present a Staff Report and make a recommendation to the Board. The applicant will also be able to speak during the hearing, as will members of the public. The Board of Adjustment will then make a decision of approval, approval with conditions, or denial of the variance request. Attachments: Public Works Comments, Subdivision checklist, Variance checklist Note: Please be aware that the above comments are for general information purposes only. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision-making body (Community Development Director, Public Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate and information submitted. Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Senior Planner 303-235-2845 Lisa Ritchie — Planner 11 303-235-2852 Zack Wallace — Planning Technician 303-235-2849 Michael Arellano — Chief Building Official 303-235-2853 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 5 After Recording Return To: CHERRY CREEK MORTGAGE CO., INC. 7600 EAST ORCHARD ROAD #250-N GREENWOOD VILLAGE, CO 80111 ATTN: Prepared By: CHERRY CREEK MORTGAGE CO., INC. 7600 E. ORCHARD RD #250-N GREENWOOD VILLAGE, CO 80111 (303) 320-4040 [Space Above This Line For Recording Data] DEED OF TRUST GLAVAN Loan k 197909213 MIN:100030201979092133 MERS Phone: 1-888-679-6377 PIN: 3130030760 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 18, 2013, together with all Riders to this document. (B) "Borrower" is MICHAEL S. GLAVAN AND KAREN GLAVAN. Borrower is the trustor under this Security Instrument. (C) "Lender" is CHERRY CREEK MORTGAGE CO., INC.. Lender is a CORPORATION organized and existing under the laws of THE STATE OF COLORADO. Lender's address is 7600 E . ORCHARD RD #250-N, GREENWOOD VILLAGE, CO 80111. (D) "Trustee" is the Public Trustee of JEFFERSON County, Colorado. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 18, 2013. The Note COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT M 313.15 Page 1 of 16 Form 3006 1/01 197909213 states that Borrower owes Lender THREE HUNDRED FIFTY-ONE THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $351, 500. 00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2043. (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ 1-4 Family Rider ❑ Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3 (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT IM 313.15 Page 2 of 16 Form 3006 1/01 i 197909213 (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY (Type of Recording Jurisdiction) of JEFFERSON: (Name of Recording Jurisdiction) SEE ATTACHED which currently has the address of 12250 WEST 38TH AVENUE, WHEAT RIDGE, Colorado 80033 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 313.15 Page 3 of 16 Form 3006 1/01 B.PI �� 197909213 covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. COLORADO -Single Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT IM 313.15 Page 4 of 16 Form 3006 1/01 i i 197909213 Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as COLORADO -Single Family -Fannie MaeJFreddie Mac UNIFORM INSTRUMENT 10 313.15 Page 5 of 16 Form 30061/01 i 197909213 defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT HN 313.15 Page 6 of 16 Form 3006 1/01 WIN a � ■ �7 �I 197909213 acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. COLORADO -Single Family -Fannie Mae/Freddie Mae UNIFORM INSTRUMENT IM 313.15 Page 7 of 16 Form 30061/01 197909213 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT IM 313.15 Page 8 of 16 Form 30061/01 N1181 1111111 1111KR,ro, R. 197909213 If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 10 313.15 Page 9 of 16 Form 3006 1/01 i 197909213 Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT IM 313.15 Page 10 of 16 Form 3006 1/01 197909213 owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT RM 313.15 Page 11 of 16 Form 3006 1/01 i ji i �A � i 197909213 to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT RM 313.15 Page 12 of 16 Form 3006 1/01 i 197909213 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT RM 313.15 Page 13 of 16 Form 30061/01 197909213 Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1%3 313.15 Page 14 of 16 Form 3006 1/01 i 197909213 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT NA 313.15 Page 15 of 16 Form 3006 1/01 i 197909213 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. - BORROWER - XfCRAEL S. GLAVAN - DATE - - BORROWER - KAREN GLAVAN - DATE - [Space Below This Line For Acknowledgment] State of COLORADO County of The foregoing instrument was acknowledged before me this SEPTEMBER 18, 2013 by MICHAEL S. GLAVAN AND KAREN GLAVAN. Witness my hand and official seal. Notary Public My Commission Expires: (Title or Rank) (Serial Number, if any) COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 10 313.15 Page 16 of 16 Form 30061/01 Il� 9y it , ' 1 it W1 1 1 BOUNDARY CLOSURE REPORT 12250 W. 38TH SUBDIVISION FSI JOB #16-67,537 Course: N89°01'25"E Length: 345.43' Course: S00°41'38"E Length: 222.82' Course: S89°13'26"W Length: 345.39' Course: N00°42'13"W Length: 221.61' Perimeter: 1135.25' Area: 76755 Sq. Ft. Error Closure: 0.00 Course: S29°22'16"W Error North: -0.003 East: -0.001 Precision 1: 1135250000 City of Geodetic Surveying Whea-tl�dge Requirements for Final Plats PUBLIC WORKS �l TITLE OF PLAT: Notice to Surveyor: u 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 91) 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 Plat to the nearest one-hundredth of a foot (0.01') for all property boundary corners, angle point(s), and for all point(s) of curvature/tangency. 3. The following curve data for the site boundary, and for all lot lines and easement boundaries, shall be shown on the Final Plat. All angular measurements shall be to the nearest second and all distances to the nearest 0.01': a. Arc length. b. Chord length. c. Chord bearing. d. Central angle (delta). e. Radius. 4. The Section Tie control points shall be on the Current City Datum and shown using (ground) modified State Plane distances and bearings with the Latitude/Longitude and modified State Plane coordinates shown per City of Wheat Ridge published values. All associated property boundary corners shall be in modified State Plane values consistent with the Current City Datum; a minimum of two (2) property boundary corners of the site shall be tied to any of the three (3) following control point types within the City of Wheat Ridge network: a. Section corners. b. Quarter -section corners. c. City of Wheat Ridge Permanent High Accuracy Control (PHAC) points. 5. A Basis of Bearing Statement shall be shown specifying the two (2) City of Wheat Ridge monuments selected to establish the modified State Plane (Current City Datum) bearings used for the Plat. Specify the City monument identification number, the Current City Datum coordinates and the Latitude/Longitude for each of the two monuments used for the Basis of Bearing, and show the modified State Plane distances and bearings between them. Rev 11/12 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 bearings relative to the Current City Datum Basis of Bearing, and all coordinates relative to said Current City Datum. 8. Two digital files of the Final Plat positioned correctly on the Current City Datum have been provided with the Plat submittal as follows: a. One (1) file in the currently acceptable version of AutoCAD DWG format (please contact the Department of Public Works at 303.235.2861 for version info). b. One (1) file in Adobe PDF format. 9. A Closure Report showing the error of closure for the platted area was provided with the plat submittal. The error of closure shall not exceed 1:50,000 for all linear and angular (bearing) measurements per Section 26-407-D of the City of Wheat Ridge Municipal Code of Laws. 10. The following statement is included on the plat: "Per Colorado Revised Statutes Sec. 38-51-106 (L), all lineal units depicted on this Land Survey Plat are U.S. Survey Feet. One Meter equals 39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and Technology. " 11. Per C.R.S. 38-52-106, the Final Plat shall contain a Statement of Accuracy, as defined by the National Ocean Survey/National Geodetic Survey, used to derive the coordinates shown on the Final Plat. The form of the Statement of Accuracy shall be: The geodetic point coordinate data shown herein has been derived from the NAD 83 HARN State Plane Colorad& Central FIPS 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. Surveyor Name (Please Print) Surveyor Signature Firm Date For information pertaining to Section and Quarter Corner information, PHAC points, benchmarks, or for general City surveying monumentation information, please visit the City of Wheat Ridge website at: www.ci.wheatridge.co.us Or contact the Department of Public Works, Engineering Division at 303.235.2861. Rev 11/12 Wheat Ridqgie PRE—APPLICATION MEETING REQUEST FORM Community Development Department 7500 West 29`1' Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 Thank you for your interest in scheduling a pre -application meeting with the City of Wheat Ridge, we look forward to reviewing your request and meeting with you. The pre -application meeting process was established to provide an opportunity for potential applicants to meet with the City of Wheat Ridge's Development Review Team to discuss development proposals and learn more about the City's technical and procedural requirements, which are often unique to each zone district, development proposal, floodplain designation, etc. Pre -application meetings are required prior to the submittal of most land use applications. The City of Wheat Ridge's Development Review Team has established two standing meeting times every Thursday for pre -application meetings: 2-3pm and 3-4pm. Once the form below and any necessary materials are submitted, you will be contacted by the Community Development Department to schedule a pre -application meeting. Meetings will be scheduled no earlier than 7 business days from the date you are contacted. However, it is not uncommon for pre - application meetings to be booked several weeks out. A $200 fee is required for a pre -application meeting. This fee is payable by cash, check, Visa or MasterCard at your scheduled meeting time. Contact Information Name Michael Glavan Phone 303-619-7077 Email Mglavan@Muinicipaltreatment.com Address, City, State, Zip 12250 W 38th Ave. Wheat Ridge CO 80033 Additional Contact Information (if necessary) Name Karen Glavan (Spouse) Phone Address, City, State, Zip Site Location (address): 12250 38th Wheat Ridge CO 80033 Email Relevant land use processes you are inquiring about (check one or more of the actions listed below which pertain to your meeting): 0 Subdivision or Lot Consolidation O Planned Building Group e Variance O Special/Conditional Use Permit O Planned Development 9 Site Plan 0 Major remodel or change of use O Rezoning 0 Other: At a minimum, two items are necessary to properly review your proposal prior to the pre -application meeting: a narrative and site plan. The narrative must provide enough detail to adequately describe the scope of work being proposed. It is acceptable for the site plan to be preliminary in nature; it is not required to be professionally drawn but should be scaled, labeled, and legible. The narrative and site plan will need to be submitted prior to scheduling your pre -application meeting. Please contact Zack Wallace at 303-235-2849 or zwallacena@ci.wheatridge.co.us for any questions regarding submittal requirements. The more information you can provide regarding a project, the more productive a pre -app meeting can be. Please also consider submitting the following items if they are available: a survey or ILC of the property, subdivision sketch plan (if subdividing or platting), conceptual landscape plans, and conceptual architectural plans or examples. If you have been in contact with a Staff member prior to filling out this request please indicate their name below: Approximate date of contact: Acknowledgements O I acknowledge that I must submit a narrative and preliminary site plan, and any other relevant documentation to Zack Wallace (zwallace ,ci.wheatrid e� co.usl with the Wheat Ridge Planning Division prior to being contacted to schedule a pre -application meeting. O I will submit the following information concurrently with this form (* denotes a required submittal): S Proposal Narrative* O Concept landscape plans S Site Plan* 0 Conceptual Architectural Plans/ Examples O Survey or ILC S Subdivision sketch plan 0 I acknowledge that there is a $200 fee for the pre -application meeting, payable by cash, Visa, MasterCard, or check payable to the `City of Wheat Ridge' at the time of my scheduled pre -application meeting. Submit You have two options for submitting this form: 1) Click the button below to submit this completed PDF via e-mail. Please attach the necessary submittal items (narrative and site plan, at a minimum) to the e-mail with this form. Meeting request forms sent without the necessary submittal requirements will be considered incomplete and will not be scheduled for a pre -application meeting. Click here to submit form via email 2) Print and mail, or drop off, the form to: City of Wheat Ridge c% Planning Division (Pre -Application) 7500 W. 29'" Avenue Wheat Ridge, CO 80033 To be filled out by staff: Date request received Pre -app meeting date Case Manager Date submittals rec'd Fee Received Due Diligence Complete Rev 4 'u '016 July 6, 2016 From: Michael and Karen Glavan Re: Property @ 12250 W. 38th Ave. We have lived at the property for about 7 years and we have constructed one out building garage (24ft x 40ft) for our vehicles. We now have a couple of requests for the City Planning Division for consideration. We would like to subdivide our property into two lots. We have a large area west of the house that would be a great lot to build a single family home. The size would be approximately 0.5 acres (105ft x 200ft). Our drawing shows that we have allowed a small area to be deeded for utilities from the cul-de-sac on the south side. Currently we have a deeded 20ft right of egress and ingress west of the Glory of God church and would like to use this access for the subdivided property. This request is for one additional lot for one single family home construction. The other request is for another out building for RV and trailer storage. We would like for this to have a mother in law apartment also with the construction to the east of the house. I understand that City Council was entertaining the idea of this being a permanent code, and so we would like to pursue this avenue. We have a couple of large trailers and in the future possibly purchasing a motorhome for retirement travel. We want to have the trailers protected from the elements make an esthetically pleasing for our neighbors. I understand we are zoned R1 and the 1000sgft restriction but our property is much larger than a typical lot. With this in mind we would like to proceed with a varience if needed to complete this request. The structure size has not been determined and we would be looking for some guidance from the Planners on the living space are and garage size. Our idea is to construct a large garage and the other side and a garage with a loft on the second floor for a mother in apartment. When the garage is completed we will remove the existing barn due to the condition and safety of this structure. It is very old and likely not going to be standing for many more years. Thank you for your consideration and recommendations. Sincerely, Michael S. Glavan r�: '. � rat t?:. �J _ NOTE: Land use applications must be submitted BY APPOINTMENT with a I11 City of planner. Incomplete applications will not ��Whcat_Kidgc be accepted—refer to submittal checklists. LAND USE ,CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue - Wheat Ridge, CO 80033 - Phone (303) 235-2846 (Please print or type all information) Applicant Michael and Karen Glavan Address, City, State, Zip Owner Same as above Address, City, State, Zip Contact Same as above Address, City, State, Zip Phone 303-619-7077 Phone Phone Email Mglavan(cDmunicipaltreatment.com Email Email (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): 12250 W 38th Ave. Wheat Ridge 80033 Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit O Subdivision —specify type: C3 Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) 71 Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26- ) O Right of Way Vacation O Other: Detailed description of request: Subdivide the propert to add one 1/2 acre lot adjacent to the existing single familt home. 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, 1 am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Notarized Signature of Applicant State of Colorado Countyof • Y. `'7 e 2 s } ss J The foregoing instrument (Land Use Processing Application) was acknowledged by me this�201' {ay of 20 /G by SANDRA L JACKSON NOTARY PUBLIC STATE OF COLORADO My commission expiresy / A o /20i c, My Commission Expires 09/13 2C 'Notary Public II7# 199240107$9 om To be tilled out by staff: Date received - t-( Fee $ 300• oa Case No. Jy15 �% OL Comp Plan Design. Receipt No. _C-0136 3q2,4 Quarter Section Map A)Ea9 Related Case No. Pre -App Mtg. Date Case Manager Aecke d Assessor's Parcel No. 341 �q I. ()0,00q Current Zoning Current Use es: c�en1 a1 Size (acres or sgft) �, 5� 7 %(f Proposed Zoning Proposed Use Rev 1/22/ 2016