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WSP-16-03
I City of �Wh6atRidgye The following case numbers relate to the request for construction of an 11- unit townhome project at 10590 W. 4411 Avenue. Case No. WSP-16-03 was a request for approval of a site plan for an 11 -unit townhome project in MU -N. Case No. WS -16-01 was an accompanying subdivision plat. All files pertaining to these two cases can be found in the case file for WP -16-03. IN THE MUNICIPAL COURT Case No. 16-11106 CITY OF WHEAT RIDGE 7500 W. 29th Avenue Wheat Ridge, CO 80033-8001 NUISANCE ABATEMENT ORDER cv11-moot RECEIVED FEB 17 2017 WHEAT RIDGE �"UNICIPAL COURT This matter comes on for hearing upon the application of the City of Wheat Ridge for a nuisance abatement order with respect to the following real property within the City: Property address: W 44t`' Ave and Moore St, Wheat Ridge, Colorado (the "Property") Responsible Party: Slawomir Golabek After considering all the evidence, the Court finds as follows: 1. This matter was heard by the CourtgAR - 8 2017 . Present wa City, represented by Daniel Southwick 16-1CS. The Responsible Party Slawomir Golabek,( w�,s]-{] present. The City presented its Application and Atakavit for Nuisance Abatement Order and Affidavit in Support thereof. The Responsible Part 95present evidence. 2. This Court has jurisdiction in this matter. 3. The Responsible Party was served with a Notice of Violation for certain nuisance(s) on 10126/16. The Responsible Party failed to abate the nuisance(s), and they continue to exist as of this date. 4. On 02/17/17, the City applied for a Nuisance Abatement Order. A Notice of Hearin a Application for Nuisance Abatement Order was served on the R nsible Party on sp Z < in the manner required by Code of Laws Sec. 15-8. di /t �—d-G6/ -7 In consequence of the foregoing, the Court enters the following Order: �-7 ��% ��sy f 7 Z�� / 2. The City�ics..hereby authorized to enter upon the Property and {o ab t�the following nuisance(s): Trash and deiceatt red around the entire property. White semi trailer parked in the middle of the property. Outside storage of metal pipes underneath the semi trailer. The City is authorized to collect its costs of abatement in the manner set forth in Sec. 15-11 of the Code Laws. The Court retains juri diction f thismatter r the purpose of enforcement thereof. BY HE C RT: Municipal Court Judge Date: MAR ® 8 2017 CNB\53027\476221.01 City of "� Wheatl dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building August 10, 2016 Steve Hagan P.O. Box 101321 Denver, CO 80250 Dear Mr. Hagan: 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 ,- 1�j This letter is in regard to an applications filed for approval of a site development plan and townhouse plat for property zoned Mixed Use — Neighborhood (MU -N) located at 10590 W. 44th Avenue. The August 1, 2016 submittal has been reviewed and the following are comments regarding the second submittal. PLAT DOCUMENT Many of my comments regarding the plat document have been included in the review by Public Works so there will be no duplication. 1. Both the plat and site plan should have the same names. 2. Make sure the top margin is at least 1" in width for recording purposes. 3. Add the following case numbers to the Case History box: WZ-01-02, WZ-15-04, WS- 16-02., WSP-16-03. SITE PLAN DOCUMENT SHF,,ET 1 Both the plat and the site plan should have the same names. %2%" *U* nder Site Data remove the category for proposed zoning classification. Q. Under Site Data, proposed use, add an "s" to townhome. V Under Site Data, indicate that minimum lot size is per the townhouse plat. \115. l;nder Setback, designate the minimum rear setback 5'. \,6. Vnder site coverage, include a reference to Building A and B. `3. There is really only room enough for four parallel parking spaces on Moore Street. Modify the _Bdrking calculation to indicate four with a total of 25 spaces. In the Open Space Calculation, indicate that half of the surface of the underground detention will be used as an amenity for the residential — that amenity could be for community gardens, BBQ grills and Uutdoor dining. nder the Open Space Calculation, there is a typo that should be corrected in the total open space spare footage. 1.10. Include a designation for the sight triangle for the corner of 44th and Moore intersection. It should sure 55' along 44th and 25' along Moore from the street flow line. \.,W. Add a sight triangle for the development driveway. It should be measured as 15' by 15' on both sides V, a C_+ C-- 2 the drive. Show two on -street parking spots both north and south of the driveway. They should measure 8.5' x 20'. 13. Add a "Proposed Development "statement which addresses the intent of the development, design, p,wnership, construction type and materials. k.14A.dd a description of the proposed use of Tracts A through F. 1,.] 5. Move utility, drainage and existing and proposed grades to a separate sheet. 06. Provide a legend designating buildings, landscaping and hard surfaces. 117. Add a legal description matching the plat with a surveyor's certificate. Add a note indicating that the property is not within the 100 -year regulatory floodplain. 'label Buildings A and B. 1_26. Identify any proposed fencing. 21� Show the location of the dumpster. 7 22. Although a sidewalk was added for access to the southern units, it is questionable whether it is • fa ctional. "Designate who will be signing as the owner. 24. Add a Case History box with the following case numbers: WZ-01-02, WZ-15-04, WS -16-02, WSP- 16-03. SHEET 2 1. Revise the title to correspond to the plat name. 2. Include the Open Space Calculation on this sheet as well. See note #22 regarding the landscape table. 3. In the Open Space Calculation, indicate that half of the surface of the underground detention will be used as an amenity for the residential - that amenity could be for community gardens, BBQ grills and outdoor dining. 4. Add dimensions to the graphic. V5,, -A preliminary design for Tract A must be provided. 6. Street trees and shrubs must be provided on the Moore Street frontage adjacent to Tract A. 7. Under the Open Space Calculation, there is a typo that should be corrected in the total open space square footage. 8. A total of 15% open space is required within the development. Of the 15%, 75% of the open space area must be useable which appears not to be met. Provide a breakdown of the landscape areas and how they contribute toward open space and useable open space. V9,11 -include a designation for the sight triangle for the corner of 44th and Moore intersection. It should measure 55' along 44th and 25' along Moore from the street flow line. U-0' Add a sight triangle for the development driveway. It should be measured as 15' by 15' on both sides of the drive. %eK Show two on -street parking spots both north and south of the driveway. They should measure 8.5' x 20'. 12. Provide a legend designating buildings, landscaping and hard surfaces. 13. Label Buildings A and B. V14. Identify any proposed fencing. Vt,� 5. Show the location of the dumpster. -2 16. Although a sidewalk was added for access to the southern units, it is questionable whether it is functional. 17. A total of five street trees are required along West 44th Avenue where only four are provided. 18. A total of four street trees are required along Moore where only 2 are provided. 19. The landscape area next to Moore Street is not wide enough to support living plant materials. 20. Please designate ground cover types and location. 21. Many of the plant materials on the graphic are still unlabeled. 22. The landscape table is not consistent with that recommended on the site plan checklist. Please modify. 23. Include Note #2 from the 3rd sheet of the plan set. 24. Include the following note: "The development's Homeowners' Association will be responsible for maintenance of common elements including landscaping, parking and access and detention. 25. Identify any proposed fencing. SHEET 3 No changes. SHEET 4 1. For each cross section, label Buildings A and B. 2. Add a materials legend and identify all proposed materials. 3. Provide a narrative on how the architecture is consistent with the Mixed Use design requirements. SHEET 5 1. For each cross section, label Buildings A and B. 2. Add a materials legend and identify all proposed materials. 3. The building type labels on this sheet are all transposed. 4. Please provide a plan view photometric plan which shows the site with footcandle readings (a numerical grid of lighting levels). SHEET 6 1. Please provide a plan view photometric plan which shows the site with footcandle readings (a numerical grid of lighting levels. REFERRAL RESPONSES The following are referral responses received from other City departments and outside agencies. Wheat Ridge Public Works Department: To be forwarded via a separate email. 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" copy of both documents 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 City of Yk"-taj�idge PUBLRKS City of Wheat Ridge Municipal Building 7500 W. 29`' Ave. August 10, 2016 Mr. Russell B. Hall, P.E. Highline Engineering and Surveying Co., Inc. P.O. Box 1295 Parker, CO 80138 303.889.0044 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: Second Review Comments of the Final Drainage Report & Plan, Site Plan, Final Plat, and Civil Construction Plans, for the proposed Clear Creek Townhomes, Case# WSP-16-03 and WS -16-01. Dear Mr. Hall, I have completed the second review of the above referenced documents received by Public Works on August 1, 2016, for the proposed 11 -unit townhome residential development located at 10590 W. 44"' Avenue, and I have the following comments: PLANNING & ZONING: Site Plan: Sheet 1 (Site Plan): 1. Please modify the title as shown (Townhomes is a single word). 2. The subtitle needs to be modified to "CLEAR CREEK TOWNHOMES SUBDIVISION" to match the Final Plat. 3. Modify "Wheatridge" to Wheat Ridge (2 words) in the subtitle information. 4. Add "Moore St." to the vicinity map. 5. Need to adjust the Moore Street set back distance from 4.5' to correspond to the dedicated Right - of -Way. Since the new property line may not parallel the buildings I would suggest using the smallest distance (a minimum set back distance). 6. Need to remove ALL underground utilities such as water line, sanitary and storm sewer lines, etc. from the Site Plan. The only items that should appear are those that would be seen by walking through the subdivision. 7. Show and dimension the Detention and Access Easements. 8. Add a revision block to the sheet. Sheet 2 (Landscaping Plan 1. Please modify the title as shown (Townhome is a single word). 2. The subtitle needs to be modified to "CLEAR CREEK TOWNHOMES SUBDIVISION" to match the Final Plat. www.ci.wheatridge.co.0 s Public Works Engineering August 10, 2016 Page 2 Final Plat: General Comments: 1. Adjust sheet margins (2" - L; 1" (min.) - Top; 1/2" - R &Bot.). 2. City requires ROW dedication on Moore Street. All affected tract and easement area calculations and metes and bounds will need to be adjusted and verified for accuracy and submitted for review. PW recommends shading or hatching to help distinguish extents of the various areas. 3. Need to include language for all non -buildable tracts and include usage. 4. Line weights still an issue. Tract A boundary is bold - none of the other tracts are, etc. Other non -plat linework is visible that ends abruptly and is confusing. 5. Section ties to a minimum of two (2) property corners are required by City Code. 6. Closure sheets for the exterior boundary and all individual lots must be submitted. Boundary must close within a limit of 1:50,000 by Code. Specific Comments: 1. Please include the word "TOWN -HOMES in the title as shown. 2. In the Legal Description: a. Add a space between the words Owner's and Certificate". b. Add a space as indicated in the Dedicatory Statement as indicated on the redlined plat. c. The owner's name is misspelled. 3. Add a comma after your name in the Surveyor's Certificate. 4. Fix the Planning Commission Certification and City Certification blocks (the two run together). This can be accomplished by simply hitting the Enter key a couple of times after the word "Chair Person". 5. Need to add several spaces in the Notes and County Certification block. Also line up the right margin of the paragraphs for better readability (please refer to the redlined plat). 6. Please be sure the lines shown in the Legend directly correspond to the lines used in the graphic. Currently the ROW line is heavier than what's actually used in the graphical portion, for example. 7. Pertaining to the property corner table: a. If you wish to include the State Plane coordinates that's fine, but the modified State Plane coordinates that are consistent with the Current City Datum shall be shown on the Final Plat for all property corners, angle point(s) and for all point(s) of curvature/tangency. b. Point #507 not shown on the graphical portion. c. Under the Description column, please identify if the pin was "Found" or "Set". 8. Need to show the curve data for the (new) dedicated Right -of -Way line at the W. 44"' Avenue and Moore Street intersection. 9. References to the "centerline" of Moore Street (including the line) need to be removed unless it can be definitively proven that this is in fact the true centerline of the Moore Street ROW. We all know the Moore Street ROW is 50' in width, but the location of the westerly ROW line is not being determined with this plat and any references to that as well as the "centerline" of the ROW need to be removed. What's far more important is defining the width of the ROW being dedicated (see comment 10 below). 10. The ROW dedication notation needs to be revised to read, "STRIP OF R.O.W. HEREBY DEDICATED BY THIS PLAT". Since the strip of ROW is not a consistent width you will need to provide a width on the north end (at the PCR) and a second one at the south end of the property line. 11. The slivers of land between the new ROW line and the building and between the detention tract and the ROW along Moore Street need to be identified as being a non -buildable Tract (or as being part of an already identified non -buildable Tract). The sliver by the building on the north end needs to be incorporated into Tract D, and the sliver by the detention facility should be shown as being a part of Tract A. ww"wi.wheatridge.coms 10590 W44th Ave ClearCreekTownhomes Sub - Review-2.1tr.doex Public Works Engineering August 10, 2016 Page 3 12. There are numerous lines on the plat that need to have bearings and distances describing them. There are far too many to describe herein,; please refer to the redlined plat. 13. There are many instances where proposed easement lines extend beyond where the intended extent is supposed to be. Please see the redlined plat for these. 14. Show only relevant information on the plat. Sidewalks, retaining walls, or any other extraneous information must be removed prior to approval. 15. Need to add text "LOT LINES HEREBY CREATED BY THIS PLAT" for all new, proposed lot lines. 16. Some of the exterior distances do not add up to the interior lot line distances. 17. Any proposed easements must be identified as "HEREBY GRANTED BY THIS PLAT" or as "HEREBY CREATED BY THIS PLAT". No other terminology such as "SHALL BE GRANTED" shall be acceptable (as it's ambiguous and sounds like something that may be done in the future). 18. Some of the easement linework does not match the Legend. 19. Public Works recommends using a "Tract Table" for clarification purposes. There are a lot of non - buildable tracts, easement, and even a couple slivers of ROW dedication that could use clarifying. A table just seems to be an easy way of doing this without trying to stuff a whole bunch of text into a small area. 20. Please clean up the "miscellaneous dots" found all over the place. CIVIL ENGINEERING: Final Drainage Report (Discussion): I . Under the Introduction section the NRCS soils survey map is referenced. Please include a copy of that information in the Appendix. 2. Include the heading for "Section 4 PROPOSED (DEVELOPMENT) DRAINAGE SYSTEM" so that the (new) section is identified. 3. The following comments pertain to Section C. Detention: a. Include a statement as to why no water quality capture volume is required in the design. I've provided some suggested text below: "The detention facility will be capped with concrete to allow for use as a patio/amenity area for the residents of the subdivision. Since the pond is to be fully enclosed it is being considered an underground detention facility under the City's Site Drainage Requirements (SDRs). Per the SDRs, any underground system employing an upstream water quality device does not need to account for the WQCV, but rather only the 100 - year volume. Therefore, no WQCV is included in this detention pond design." b. The WSEL5 and WSEL100 have been provided as previously asked for, but the elevation(s) at the pond bottom and at the inside top of the proposed concrete cap also need to be stated. c. Paragraph #8 regarding a 40 -hour drain time should be deleted since it is stated in #4 above the facility will drain within 24 hours. d. In paragraph #9 it is stated that in the event of system failure the runoff will simply "overtop the high points toward Moore Street". What happens by the inlet in Sub -Basin A-2? Will the stormwater back up into the area in front of the south -facing townhomes and flow offsite to the east or to the property to the south? At what elevation will stormwater leave the site (what are the high points)? Also include what safeguards will be employed to protect the adjoining downstream property in the event of inlet plugging/failure (keeping in mind an inlet WQ basket will be employed for A-2). You may need to provide a berm along the south property line, maybe even wrapping it around part of the east side of the property. It might also be necessary to have the area by www.ci.wheatridge.co. u s 10590 W44th Ave ClearCreekTownhomes Sub - Review-2.Itr.docx Public Works Engineering August 10, 2016 Page 4 the stairs at the SW corner of the project be low enough that that actually will serve as the emergency overflow out into Moore Street (food for thought). Please provide sufficient elevations on the Drainage Plan and construction plans to make this evident. Utilize 0.50' contours on the plans if necessary. 4. Under "Conclusions" section you may wish to include a statement that this project will benefit the City storm system by providing water quality to the developed flow prior to it leaving the site. Final Drainage Report (Appendix): 1. For the Outlet Structure detail, please refer to the Civil Construction Plans Detail Sheet C-8 for redline comments. 2. For the Overflow Structure detail you will need to provide sufficient information to properly construct, including specific details of how the cap is to be placed. For example, if the cap is to be pre -cast slabs to be bolted onto the walls, etc., provide notes and bolt detail(s). You should include some basic portion or all of that info in this Drainage Report or on the Drainage Plan. Final Drainage Plan: 1. All of the following comments pertain to the detention facility: a. Is there a reason for the "notch" rather than a straight line of the northerly wall of the facility from the NE corner to the NW corner? If it must be left as a notch then the access "manhole" will need to be moved to the east so there is a line -of -sight to end of the storm pipe as shown. b. Regarding the access "manholes", the current placement of the two MH's shown is far too close to the wall of the facility and need to be relocated to where there is at minimum a couple of feet between the wall and the MH so there can be some structural stability. c. The southerly MH must also be placed near the end of the pipe coming from the south so if sediment starts building at the pipe it can be easily vacuumed out. d. And a smaller third MH access must be placed directly over the outlet structure for maintenance purposes. Without this being centered on the outlet structure there would be no way of ever accessing inside it. Civil Construction Plans: General Comments: 1. Please verify all sheet borders (some seem to be cut off). 2. The name of the project, "Clear Creek Townhomes Subdivision" needs to be consistent throughout the plan set. Please rename the project in the title blocks of any sheets so they all correspond to one another. 3. Show the area of ROW dedication and identify the new ROW line subsequent to the dedication on the plat. The plat will be recorded prior to commencement of work so this line will be in place when the contractors use these plans. Sheet C-1 (Cover Sheet): 1. In the subtitle, "WHEAT RIDGE" is two words - not Wheatridge. 2. The following comments pertain to the Vicinity Map: a. Add "Moore St." label. b. Add North arrow. www.ci.w h eatri d ge.co. u s 10590 W44th Ave ClearCreekTownhomes Sub - Review-2.Itr.docx Public Works Engineering August 10, 2016 Page 5 3. Provide the elevation (NAVD88), description, and location of the benchmark used for this proj ect. 4. Please correct MY spelling error in Note #24: "DISTRICTS". 5. Remove the approval block. PW Engineering has its own electronic approval stamp, and Wheat Ridge is not a full-service city so approval of any utilities or fire -related items will be by separate plans and approvals granted by those individual districts rather than by the City. Sheet C-2 (Overall Utility Plan): 1. Identify all non -buildable Tracts. 2. There are numerous errors in pipe grade percent, omission of data, and incorrect invert elevations in various locations. Please double-check all information prior to resubmittal. 3. Please be sure that the linework and symbols matches those found in the Legend. 4. Identify Block 1 and Block 2. 5. Seem to have manholes at random, odd locations. These appear to be drafting errors; please delete. 6. The name of the project, "Clear Creek Townhomes Subdivision" needs to be consistent throughout the plan set. Please rename the project in the title blocks of any sheets so they all correspond to one another. Sheet C-3 (Gradin Pg_ lan): 1. Refer the reader to Sheet C-9 for the sidewalk chase detail (along W. 44"' Avenue). 2. There is inadequate elevation/grading info along the area on the north side of the buildings in Block 1. Add sufficient information to properly construct the concrete sidewalk, curb chases and entrances. Also provide sufficient elevations along the northerly property boundary so the contractor understands which direction the stormwater is supposed to be directed following construction. Showing proposed contours and how they tie to existing, along with slopes indicating surface drainage might be helpful. (Hint: If necessary go to 0.50 foot contours). 3. Include a detail with adequate info to properly construct of the curbing proposed along the easterly property boundary. 4. The information pertaining to the detention facility's outlet structure and pipe inverts, sanitary sewer, and water line information should all be removed from the Grading Plan and shown on the Overall Utility Plan instead. 5. Existing contour label to even foot (no decimal unless showing enhanced detail e.g. 1/2 foot contours). Sheet C-4 (Erosion Control Plan): 1. All of the information pertaining to the detention facility's outlet structure and pipe inverts, sanitary sewer, and water line information should be removed from the Grading Plan and shown on the Overall Utility Plan instead. Sheet C-5 (Erosion Control Details 1. All of the details on this sheet with the exception of the concrete washout detail are blurry and difficult to read. Please redo this sheet so it's readable (maybe try using the AutoCAD drawing files?). Sheet C-6 (Roadway Plan & Profiled 1. The ADA ramp at the Moore Street/ W. 44`h Avenue intersection needs to have some specific information beyond the standard detail found on the Detail Sheet. Please include the percent www.ci.wheatridge.co.us 10590 W44th Ave C1earCreekTownhomes Sub - Review-2.1tr.docx Public Works Engineering August 10, 2016 Page 6 grades shown and a notation that the S. end of the ram begins at the PCR/angle point as indicated on the redlined sheet. 2. Since it is not parallel to the gutter, please include the BOW/curbing curve info behind the ADA ramp including the PC and PT stations/offsets for proper layout. 3. At the Moore St. / 44"' Ave. intersection there is some curve information pertaining to the property boundary. Either make this text readable or remove from this sheet. (FYI ... the property boundary info isn't really needed for roadway improvement construction layout). 4. Provide a Station/Offset for the CL of the sidewalk chase on Moore Street. 5. Please move the Station /Offset info for 1+66.05 so the west EOA elevation is readable. 6. Please include a Note on this sheet stating what points the Station and Offset info on this sheet corresponds to (i.e., are all to the flowline). 7. Include coordinate and bearing information for the baseline, and also include the benchmark description and elevation. 8. The Profile View needs to align with the Plan View. Sheet C-7 (Storm Sewer Plan & Profiled 1. Identify the proprietary WQ device (Rinker ST 450i or equivalent). 2. Ned to darken all text pertaining the detention facility, WQ structure, outlet structure, storm sewer, etc. 3. All utility information on this sheet that does NOT pertain to drainage, storm sewer, or detention, should be shaded or lightened. All info that DOES pertain to these items needs to be dark and bold for easy readability. 4. Provide a detail for area Inlet 2 or state the model number if it a manufactured product. 5. Please note that a detail showing how the detention facility is to be constructed, including all information necessary to properly construct shall be required prior to approval of these plans. 6. Add the elevation (invert out) at the sidewalk chase on Moore Street and the pond bottom grade percent as indicated on the redlined plans. 7. The Moore Street text is garbled and unreadable in the Plan View. Sheet C-8 (Detail Sheet): 1. Use the AutoCAD drawing the manufacturer provides for the Flo -Gard detail so it will plot clearly in these plans. 2. Prior to approval of these plans you will need to provide the actual elevations for the grate, inverts, etc. for the Rinker Stormceptor®. (Again, as with the Flo -Gard above if you use the AutoCAD dwg from Rinker it's easy to add this info and the drawing detail will plot well). After adding the inverts also add a note to the detail directing the contractor to refer to the shop drawings from Rinker for specific construction information. 3. The following comments pertain to the Outlet Structure detail: a. Unless there's some compelling reason the 5 year and 100 year orifice opening information needs to be shown on the Construction Plans, please remove (for better clarity). b. The trash rack will need to be bolted on using stainless steel bolts rather than welded due to maintenance concerns. c. Since there are no longer any WQ orifice openings needed, the WQ plate should not be shown on the detail and the "Vertical Trash Rack" (AKA well screen) information can also be removed from this detail. d. The 100 -year orifice is shown as being 3.41" in diameter. Since the contractor is not going to be able to measure 3.41", please provide this dimension in feet (0.28' diameter). 4. The following comments pertain to the Overflow Structure detail: www.ci.wheatridge.com s 10590 W44th Ave C1earCreekTownhomes Sub - Review-2.1tr.doex Public Works Engineering August 10, 2016 Page 7 a. As with the orifice calculations in the outlet structure detail, unless there's a compelling reason the weir calculations need to be shown on the detail these should be removed (for better clarity). b. Provide the orifice opening dimension to the sidewalk chase. c. Provide the overflow weir placement information (dimensions) on the Storm Sewer Plan (plan view) so the overflow is correctly located on the structure. 5. To be approvable, specific information and sufficient details needed to properly construct the detention facility, walls, and associated concrete cap shall be provided on these plans. Include both plan and sectional views showing all dimensions, the location of the outlet structure, access "manholes", and pipes entering the facility. Include pipe inverts, specific detail(s) of how the concrete cap is to be constructed. If the concrete cap is to be made of pre -cast slabs that will be bolted onto the walls, provide a note to this effect along with specific construction instructions, bolt/mounting detail(s), reinforcing bar info, and other specifications, etc. 6. The City of Wheat Ridge standard details are blurry and difficult to read. Please download the AutoCAD DWGs from the City's website for use on this sheet. Sheet C-9 (Detail Sheet): 1. As previously mentioned on other detail sheet(s), A LL of the details shown on this sheet are blurry and the text is difficult or impossible to read. Please redo this sheet to be legible (again, use of the AutoCAD drawing files would remedy this). OTHER REOUIREMENTS: Subdivision Improvement Agreement: Prior to the issuance of any Building or Right -of -Way Construction Permits or the commencement of any construction activities, a Subdivision Improvement Agreement (SIA) shall be executed by the project owner/developer. The project owner/developer will need to contact the Dept. of Community Development at 303.235.2846 to obtain a copy of the SIA. Please note that an approved engineer's itemized cost estimate for the public improvements will be included in the SIA (refer to Other Requirement #6 below). SIAs are recorded at the Jefferson County Clerk & Recorder's Office along with the Final Plat. 2. Engineer's Itemized Cost Estimate: Prior to recording of the Final Plat an Engineer's Itemized Cost Estimate (EICE) for the public improvements shall be submitted for review and approval. The amount of the approved EICE will be referenced in the SIA and used for the Performance Guarantee (see #3 below). 3. Public Improvements Cost Estimate & Guarantee: Prior to the issuance of any Building or Right -of -Way Construction Permits, or commencement of any construction activities, an itemized engineer's cost estimate shall be submitted for review and approval. Upon acceptance of this estimate, an Irrevocable Letter of Credit (ILOC) in the amount of reflecting the total amount of the approved cost estimate plus 25% (125% of the total estimate) shall be submitted by the owner/developer for review and approval at the time of SIA submittal. The ILOC shall remain in force for the entire duration of the project, and the City reserves the right to request the ILOC be renewed if deemed necessary. A photocopy of both the itemized cost estimate and ILOC will be attached to the SIA and recorded at the county. www.ci.wheatridge.com s 10590 W44th Ave ClearCreekTownhomes Sub - Review-2.Itr.docx Public Works Engineering August 10, 2016 Page 8 4. Right -of -Way Construction Permit(s)/Licensing: a. ROW Permits. Prior to any construction within the public right-of-way (ROW), the necessary Right -of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications b. Licensing. All work within the public Right -of -Way shall only be performed by a municipally - licensed contractor. 5. Pre -Construction Meeting: Prior to commencement of any construction activities the contractor shall schedule a pre -construction meeting with the city of Wheat Ridge public works at 303.235.2861. The contractor shall be responsible for contacting all applicable utility districts for this meeting. 6. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items and public improvements were constructed in accordance with the civil construction plans and shall function as stated in the approved Final Drainage Report/Plan. The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter prior to issuance of the first Certificate of Occupancy for the subdivision as required by the Municipal Code of Laws. 7. Fees in Lieu of Construction: Public Improvements meeting the current standard six (6) foot detached sidewalk with a six (6) foot amenity zone are required for all new development and redevelopment projects along commercial corridors such as W. 4411' Avenue. The existing Public improvements along the West 44t" Avenue frontage of the subject property do not meet the current standards. As such, the current standard improvements shall be required to be either constructed with this project or fees may be taken in lieu of construction. Due to the fact there are existing improvements in good condition and the fact that no properties on either side have the standard section, the Public Works Department recommends fees be taken in lieu of construction. Should the applicant wish to pay the fees instead of constructing the improvements with this project, fees in the amount of $4,322 shall be required for the detached 6' sidewalk only (existing curbing will remain). The fees will be due prior to the recordation of the approved Final Plat as required by the Municipal Code of Laws. 8. Information pertaining to the Public Works development requirements, Site Drainage Requirements, the City's Street Construction Standards & Details in AutoCAD® DWG format, ROW maps, and City -based coordinate and land surveying information (i.e., Current City Datum), is all available on the Public Works, Development Review page of the City of Wheat Ridge website at: www.ci.whcatridae.co.us www.ci.wheatridge.coms 10590 W44th Ave ClearCreekTownhomes Sub - Review-2.Itr.doex Public Works Engineering August 10, 2016 Page 9 The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer/ City Surveyor CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner Mark Van Nattan, Engineering Technician File www.ci.wheatridge.co.us 10590 W44th Ave ClearCreekTownhomes Sub - Review-2.Itr.docx 4 11 City of �Wh6atR:id,cye Pt, WORKS City of Wheat Ridge Municipal Building 7500 W. 291h Ave. July 15, 2016 Mr. Russell B. Hall, P.E. Highline Engineering and Surveying Co., Inc. P.O. Box 1295 Parker, CO 80138 303.889.0044 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Final Drainage Report & Plan, Site Plan, Final Plat, and Civil Construction Plans, for the proposed Clear Creek Townhomes, Case# WSP-16-03 and WS -16-01. Dear Mr. Hall, I have completed the review of the above referenced documents received by Public Works on June 27, 2016, for the proposed 11 -unit townhome residential development located at 10590 W. 44th Avenue, and I have the following comments: General Comment: Due to the magnitude of the comments being returned, please be advised that not all concerns are going to be met with corrections to this submittal and that additional comments should be expected subsequent to the next review. PLANNING & ZONING: Site Plan: Sheet l (Site Plant 1. Since the Right -of -Way dedication was never shown and in fact has changed due to the location of the platted boundary, please modify the boundary and tract information to exactly match what is shown on the Final Plat. 2. Please darken the boundary line between the tracts — they are currently hard to see. 3. The drainage pan along the southerly portion of the site is going to be straightened out - please refer to the Drainage Plan. 4. Please note that the monument sign may need to move to the east slightly to remain outside of the strip of ROW dedication. Sheet 2 (Landscaping Plant 1. Please note that since the roof drains are required to be undergrounded and routed through a sidewalk chase to the existing gutter in W. 44th Avenue some of the landscaping may need to be altered so as to not be either right on top of the piping or be of a species that will not negatively impact the system. 2. The landscaping materials used along the southerly portion of the site may need to be altered as the drainage pan is going to be straightened out (most of the angle points will be removed). 3. Due to the fact that the sidewalk along Moore street is going to move a couple of feet to the east, the trees currently shown along this side will likely need to be swapped out with a different type of planting material since there may not be sufficient growing room (need at least 5' for trees). www.6wheatridge.co.us Public Works Engineering July 15, 2016 Page 2 4. Due to erosional concerns, additional ground cover is going to be required along the easterly side of the project due to the steep slopes that are proposed. (They are currently shown as 3:1). Final Plat: 1. Please correct the spelling of the Owner's name to "SLAWOMIR GOLABEK" 2. Change the title to "Clear Creek Townhomes Subdivision". 3. Minimum text height shall be 1/8". 4. Distinguish overall Lot 19 Boundary as major linetype; tracts and lots as lesser linetypes for readability. Show easement linetypes as dashed and identify existing from new (new easements shall be labeled as "hereby granted by this plat". 5. Legend should identify any and all linetypes. Public Works suggests moving the legend to the right side of the sheet for more room. In addition, all linework should be clearly identifiable such as consistent easement dash lengths, right-of-way symbology and appropriate line weights. 6. Adjust sheet margins (2" - L; 1 " (min.) - Top; 1/2" - R &Bot.) 7. At the Pre -App meeting held on May 26, 2015 it was stated to the applicants that there would be a 1.50' strip of ROW dedication along Moore Street. However, the Final Plat now shows the westerly property line lying P- 1.5' west of where the City's official mapping shows the easterly ROW line of Moore Street to lie. This means that in order to achieve the current half -street width standard of 26.5' originally requested there needs to be a wider strip of dedication than originally thought, 2.42' wide strip at the south end of the property widening to about 3.0' at the north end (refer to Final Plat for exact distances) and a radius of 10' to the W. 44th Avenue ROW line. 8. Subsequent to ROW dedication all affected tract and easement area calculations and metes and bounds will need to be adjusted and verified for review by City. Public Works recommends shading or hatching to help distinguish extents of ROW dedicated. 9. All acreage callouts to be shown to 4 decimal places. 10. Please include language for all non -buildable tracts and include usage. 11. Basis of Bearing shall be shown between two City of Wheat Ridge Section and/or Quarter - Section monuments with City identification numbers and Current City Datum coordinates. Coordinates of all property corners and monuments shall be on City of Wheat Ridge Current City Datum. 12. Make corrections to Owner's Certificate, Notary Certificates, all signatory blocks and general notes as redlined on Plat. 13. Show Case History block and include the Case Numbers: WS -16-01, WSP-16-03. 14. Show zoning of project site and adjacent properties. 15. Metes and bounds in Legal Description should exactly match metes and bounds shown graphically. 16. The two groups of lots (lots 1 through 6 and lots 1 through 5) should be further distinguished by prefacing with Block 1 and Block 2 callouts. 17. Change Access Easement to "Ingress -Egress Easement". 18. Make general corrections to drafting (overlapping labels, leaders overlapping or confusing, `foot' symbols missing, quotation marks missing) and typography corrections as redlined. 19. Adjust metes and bounds of lots or tracts with identical bearings to one overall bearing as appropriate to clean up drawing. 20. Add "Moore St." label and north arrow to Vicinity Map. 21. Please note that "Wheat Ridge" is two words (not Wheatridge). www.ci.whcatridge.co.us 10590 W44th Ave CI=CreekTownhomes Sub - Review- 1.ltr.docx Public Works Engineering July 15, 2016 Page 3 CIVIL ENGINEERING: Final Drainage Report (Discussion): General Comments: 1. There are numerous indentation, spelling, grammatical, and typographical errors throughout this Report that need to be corrected. Please proofread the Report prior to resubmitting for review. 2. Since the detention pond is to be both lined and capped with concrete, from a design perspective this facility is being considered an "underground detention" facility under the Site Drainage Requirements. As such, this system needs to incorporate the use of a proprietary WQ device such as a Contech CDS or Rinker Stormceptor® UPSTREAM of the detention facility. Using the upstream WQ device means that no WQCV is required and the outlet structure will need to be modified for the 5 -year and 100 -year events only (no orifice plate or 40 -hr holding time will be necessary). A WQ inlet insert (filter) will also be required for the inlet to the south of the detention facility. 1. On the Cover page: a. Please rename the title of the Report to match the new name of the subdivision: "CLEAR CREEK TOWNHOMES SUBDIVISION". b. Correct the name of the Owner to Slawomir Golabek. 2. Under the Introduction section: a. Need to correct the city from Westminster to Wheat Ridge. b. Please rename the title of the project to the new name of the subdivision: "CLEAR CREEK TOWNHOMES SUBDIVISION". 3. Under the Historical Drainage section: a. Need to provide the following historical info: i. Sub -Basin areas ii. Flow rates (Q5 & Q]00) - iii. The information is section B 3 should be relocated under the "Proposed (Developed) Drainage System". 4. Under the "Criteria" section, identify and describe the sub -basins as shown on the Drainage Plan so this Report directly corresponds to the Plan. 5. Under the "Runoff' section: a. Public Works is requiring that the roof runoff from Sub -Basin N be routed through underground conduit that will ultimately flow into sidewalk chases. The flow from the roof drains will not be allowed to sheet flow over the existing sidewalk along the W. 44th Avenue frontage due to pedestrian safety concerns. This requirement will need to be discussed in this section. b. Need to provide ALL developed sub -basin areas and flow rates (Q5 & Q100). 6. The following comments pertain to Section C. Detention: a. When the type and model device is chosen, the specs for the proprietary WQ device will need to be included in the Detention section. b. The WSEL5 and WSEL100 need to be provided, along with the elevations at the pond bottom and at the inside top of the proposed concrete cap. And since a proprietary WQ device is going to be required upstream of the detention facility the WQCV is no longer needed nor should it be included in the design. c. Due to the WQ device requirement, all references to the WQCV can be stricken from the Report. d. Need to discuss the emergency overflow weir location and design. www.ci.wheatridge.coms 10590 W44th Ave ClearCreekTownhomes Sub - Review-Lltr.docx Public Works Engineering July 15, 2016 Page 4 Under the "Storm Sewer" section, please include a description of the type of filter product chosen for the inlet on the south side that is upstream of the detention facility. Under "Conclusions": a. The Conclusions section will need to be revised to include a brief summary of the WQ device and filter chosen and how those devices will clean the stormwater prior to leaving this site (as opposed to what historically has occurred). b. Include a comparison between the historical runoff rates and the developed ones (for both the Q5 & Q100) to support statements made that this project will actually improve drainage conditions to the public storm system as well as for downstream properties. Final Drainage Report (Appendix): 1. Need to include historical runoff calculations for both the Minor and Major events. 2. For the Pond Volume vs Elevation worksheet, since an upstream proprietary WQ device will be required with this design, only the 5 -year & 100 -year volumes need to be addressed (no WQCV is needed). 3. All references to WQCV and orifice plate design, etc. can be removed from the Appendix of the Report. 4. Outlet structure will need to be redesigned for only the 5 -year and 100 -year release. 5. Provide the pond bottom elevation and concrete cap thickness on the overflow detail. Final Drainage Plan: 1. What's the black box at the PCR on Moore Street? 2. Due to the proximity of the proposed townhomes to the existing sidewalk, the roof drains will not be allowed to discharge directly over the sidewalk. The roof drains should be connected to a couple of main collection pipes that release into a sidewalk chase and to the W. 44th Avenue gutter. No flow will be allowed OVER the sidewalk (the area is so small we're not concerned about the WQ aspect). Please show how the roof drainage will be handled and the sidewalk chases on this Drainage Plan. 3. Need to identify the emergency overflow location, and provide a detail on this Plan. 4. This pipe connection to the detention facility on the SW needs to be identified and shown in the profile view on the Storm Sewer sheet in the Construction Plans. 5. Since WQ is required UPSTREAM of the detention facility, PW suggests using a F1oGard® Catch Basin Insert Filter, Triton catch basin inserts, or other equivalent device for the inlet at the SW corner of the project (something relatively inexpensive and easy to maintain by the HOA). Please specify on the Drainage Plan the type of product to be used. 6. What's with all of the irregular angles on the drainage pan on the south end? Angle points should be minimized to optimize efficiency. 7. Be advised that no drainage conveyance (e.g., pans or channels) may be constructed within two (2) feet of any property boundary line. Please modify. 8. Please provide the longitudinal grade of the pans, and if it varies provide all grade breaks and elevations as well. 9. Since a proprietary WQ device is required upstream of the detention facility, PW suggests this inlet be swapped out with a Rinker ST 450i or equivalent. The 4501 uses a drop inlet and would work very well with this application (and will just fit vertically). 10. In the Legend, the Basin linetype is too close to other existing heavy linetypes - PW recommends bold dash lines for major and minor basin boundaries. Nv,A,A A.wheatridg_ e.co.us 10590 W44th Ave CleaiCreekTownhoiues Sub - Review-Htndocx Public Works Engineering July 15, 2016 Page 5 Civil Construction Plans: Sheet C-1 (Cover Sheet): 1. As there is no standard title block on this sheet, add "COVER SHEET" above the sheet number and change the sheet number to "C -l" to match the Sheet Index. 2. Provide the elevation (NAVD88), description, and location of the benchmark used for this project. 3. Add North Arrow and "Moore St." callout to Vicinity Map. 4. Throughout drawing set, correct WHEATRIDGE to "WHEAT RIDGE" (two words). 5. Consider alternate subdivision title "CLEAR CREEK TOWNHOMES SUBDIVISION". Sheet C-2 (Overall Utility P 1. At the Pre -App meeting held on May 26, 2015 it was stated to the applicants that there would be a 1.50' strip of ROW dedication along the Moore Street frontage. However, the Final Plat shows the westerly property line actually lying P- 1.5' west of where the City's official mapping shows the easterly ROW line of Moore Street to lie. This means that in order to achieve the current half - street width standard of 26.5' originally requested, there needs to be a slightly wider strip of dedication than originally thought. A 2.42' wide strip at the south end of the property widening to about 3' at the north end (refer to Final Plat for exact distances) along with a radius of 10' at the intersection with the southern W. 44t" Avenue ROW line. This means that the proposed alignment for the required monolithic 6" vertical curb & gutter with 5' attached sidewalk will be moving further to the east (the back of walk must lie 2' west of the new ROW line). 2. Please be advised that the City does not allow the construction of any drainage conveyance systems or detention facilities within two (2) feet of any property line. As such, the proposed detention facility must be a minimum of 2' east of the (new) ROW line. 3. Please identify the new 6" vertical curb & gutter with monolithic 5' wide attached sidewalk along Moore Street. Be sure to show the BOW is parallel to and 2' from the newly dedicated ROW line. 4. Due to the close proximity of the proposed townhomes to the existing sidewalk along W. 44th Avenue, the roof drains will not be allowed to discharge directly over the sidewalk. The roof drains should be connected to manifold collection pipes that shall release into sidewalk chases flowing underneath the existing walk and to the W. 44th Avenue gutter. No flow will be allowed OVER the sidewalk as this may create a hazardous condition for pedestrians. 5. Reconstruct the existing ramp at the SE corner of W. 44th Avenue and Moore Street to comply with current ADA directional ramp standards, as stated in the Pre -Application Meeting held on May 26, 2016. 6. All proposed utilities text should be regular line weights (not screened) for this sheet only. 7. Please include the following Notes on this Sheet: "NOTICE TO CONTRACTOR: IF MORE THAN THREE (3) STREET CUTS OCCUR WITHIN 250 LINEAR FEET, ADDITIONAL MILLING/OVERLAY REQUIREMENTS WILL APPLY. REFER TO THE TERMS OF THE CITY OF WHEAT RIDGE ROW CONSTRUCTION PERMIT (THAT MUST BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS, 303.235.2861, PRIOR TO COMMENCEMENT OF WORK). CONTRACTOR SHALL OBTAIN THE PROPER ROW CONSTRUCTION PERMITS FROM THE CITY OF WHEAT RIDGE DEPARTMENT OF PUBLIC WORKS (303.235.2861) PRIOR www.ci.whcatridgc.co.us 10590 W441h Ave ClearCreekTownhmnes Sub - Review- I.ltr.docx Public Works Engineering July 15, 2016 Page 6 TO COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES WITHIN THE PUBLIC RIGHT-OF-WAY. PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES THE CONTRACTOR SHALL SCHEDULE A PRE -CONSTRUCTION MEETING WITH THE CITY OF WHEAT RIDGE PUBLIC WORKS AT 303.235.2861. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING ALL APPLICABLE UTILITY DITRICTS FOR THIS MEETING." Sheet C-3 (Grading Plant 1. The slope along the easterly side appears to be graded at 3:1. Please note that no slopes shall exceed the maximum allowable 3:1, but Public Works highly recommends not exceeding a 4:1 slope due to maintenance concerns. (A 4:1 slope also gives the contractor a bit of leeway in case the buildings end up being constructed a bit high). 2. Due to the grade along the easterly side being proposed at the maximum allowable slope of 3:1, a min. 6" high concrete curb -head shall be constructed along the entire length of the property at a location of 6" west of the easterly property line. This is needed to protect the adjoining property on the east from fugitive particles due to erosion. 3. The contours and elevations shown on this sheet do not seem to correspond to the NAVD88 vertical datum (by some 20 feet) as is required for all commercial and multi -family projects within the City of Wheat Ridge. Provide on this sheet the description of the benchmark monument that was used for this project, its NAVD88 elevation, and the location of the benchmark. Please note that the Drainage Certification and As -Built Plans that are required prior to issuance of the 1 st Certificate of Occupancy shall be provided on the NAVD88 datum as required by Sec. 26-417 of the Municipal Code of Laws. 4. Please be advised that any retaining walls exceeding 48" in height shall be engineered. So, if this is a retaining wall you will need to refer to the wall design checklist under the Public Works pages of the City's website, and submit engineered drawings. If this is NOT a retaining wall you need to clarify this. 5. Be advised that no drainage conveyance (e.g., pans or channels) may be constructed within two (2) feet of any property boundary line. Please modify all occurrences. 6. Please provide the longitudinal grade of all pans, and if they vary provide all grade breaks and elevations as well. 7. Public Works suggests that if the roof drains on the southerly portion of the south building were routed into a conduit manifold setup similar to the one required on the north side and then discharged into the proposed inlet on the SW corner of the site, the drainage pan with all the angles could be eliminated and the area fully landscaped instead. Sheet C-4 (Erosion Control Plan): 1. A concrete wash-out area shall be required. Please locate and identify. 2. Please add the following Note: "ADDITIONAL EROSION CONTROL MEASURES MAY BE REQUIRED DURING CONSTRUCTION, AND SHALL BE INSTALLED IMMEDIATELY PER INSTRUCTIONS OF THE CITY INSPECTOR." www.ci.w heatridge. co. u s 10590 W44th Ave C1earCreekTownhomes Sub - Review-Lftndocx Public Works Engineering July 15, 2016 Page 7 Sheet C-5 (Erosion Control Details): 1. Please provide a concrete wash-out detail. Sheet C-6 (Roadway Plan & Profile): 1. Please remove the word "WIDENING" in the title block. In the City of Wheat Ridge any road proposed to be "widened" must go through a City Council public hearing process that takes months to complete. So in order to avoid any confusion by readers of these plans we highly recommend against using this type of verbiage. These comments pertain to the Plan View: 2. The ADA ramp at the Moore Street/ W. 44th Avenue intersection does NOT meet current ADA requirements. The ramp shall be reconstructed to meet current ADA requirements and standards; refer to the approvable one drawn hereon. 3. Need to identify the 6" vertical curb & gutter with attached monolithic 5' wide sidewalk. Be sure and show the alignment to be that the BOW is parallel to and T from the newly dedicated ROW line. 4. Provide cross-sections showing existing asphalt elevations on regular 25 -foot stations from 0+00 to 1+75 at the following locations: a. The east edge of asphalt (EOA) or lip of gutter. b. The crown (or centerline of asphalt). c. The west EOA. 5. Please be advised that the alignment for the new sidewalk will be 2.0' west of the new line of ROW dedication, However, the property line actually extends out into the existing public ROW along Moore Street and is not parallel to the ROW on the west side as currently being platted. This means the area of ROW dedication is going to be an irregular shape that will increase in width from the originally anticipated 1.50' to 2.46' on the south end to 2.96' on the north. The sidewalk needs to be further to the east from what is shown herein. These comments pertain to the Profile View: 6. Please note that grades designed below 0.50% are not acceptable, and especially not when sufficient fall is available. Why not just straight -grade from 1+05.17 to the S. property line? It provides the min. required 0.50% grade & only raises the asphalt by about 0.06' at the worst point. 7. Grades designed below 0.50% are not acceptable, and especially not when sufficient fall is available. Sheet C-7 (Water Main Plan & Profile): 1. Sheet title should be "STORM SEWER PLAN & PROFILE" (not WATER MAIN) to match the Sheet Index. 2. Since a proprietary WQ device is required upstream of the detention facility, PW suggests this inlet be swapped out with s Rinker ST 450i or equivalent. The 4501 uses a drop inlet and would work very well with this application (and will just fit vertically). 3. Since WQ will be required UPSTREAM of the detention facility, for the inlet located at the southwesterly corner of the site PW suggests using a F1oGard® Catch Basin Insert Filter, Triton catch basin insert, or other equivalent device, for this inlet (something inexpensive and easy to maintain by the HOA). Please specify the type of product to be used on this Plan sheet. 4. The pipe connection from the inlet at the SW to the detention facility needs to be identified and shown in the profile view. 5. Need to show the sidewalk chase from the detention facility into Moore Street (match the way it's shown on the Drainage Plan). 6. Need to identify the emergency overflow location, and provide a detail in these plans. www. c i.w h eatri dge. co. u s 10590 W44th Ave ClearCreekTownhmnes Sub - Review- 1.ltr.docx Public Works Engineering July 15, 2016 Page 8 Sheet C-8 (Detail Sheet): I . This design shall require that a proprietary water quality device such as a Contech CDS or Rinker Stormceptor be employed. This eliminates the need for the water quality capture volume (WQCV) as well as the 40 -hour release rate. As such, the outlet structure will be need to be re- designed without the orifice plate to just release the 5 -year and 100 -year events. 2. Include details for all proprietary WQ devices and filtration systems employed in this design. 3. Include a detail for the Emergency Overflow. 4. Please include the following City standard details: a. C-D02_VCG_SW, Vertical Curb with Sidewalk (CS) Section. b. S-E01_HM4,, Typical Asphalt Detail. Sheet C-9 (Detail Sheet): 1. Remove the details as indicated since you will NOT be constructing a CDOT Type ]A ramp with this project. The type of ramps you will be constructing is actually a modified CDOT Type 2B ramp, and PW recommends you include the sheets from the ADA Ramp CDOT M -Standards (M- 608-1) in this plan set. OTHER REQUIREMENTS: Right -of -Way Construction Permit(s)/Licensing: a. ROW Permits. Prior to any construction within the public right-of-way (ROW), the necessary Right -of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications b. Licensing. All work within the public Right -of -Way shall only be performed by a municipally - licensed contractor. 2. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items and public improvements were constructed in accordance with the civil construction plans and shall function as stated in the approved Final Drainage Report/Plan. The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter prior to issuance of the first Certificate of Occupancy as required by the Municipal Code of Laws. 3. Fees in Lieu of Construction: Public Improvements meeting the current standard six (6) foot detached sidewalk with a six (6) foot amenity zone are required for all new development and redevelopment projects along commercial corridors such as W. 44`h Avenue. The existing Public improvements along the West 44`h Avenue frontage of the subject property do not meet the current standards. As such, the current standard improvements shall be required to be either constructed with this project or fees may be taken in lieu of construction. Due to the fact there are existing improvements in "m Nsxi.w heatridge.co.us 10590 W44th Ave ClearCreekTownhomes Sub - Review-l.ltr.docx Public Works Engineering July 15, 2016 Page 9 good condition and the fact that no properties on either side have the standard section, the Public Works Department recommends fees be taken in lieu of construction. Should the applicant wish to pay the fees instead of constructing the improvements with this project, fees in the amount of $4,322 shall be required for the detached 6' sidewalk only (existing curbing will remain). The fees will be due prior to the recordation of the approved Final Plat as required by the Municipal Code of Laws. 4. Information pertaining to the Public Works development requirements, Site Drainage Requirements, the City's Street Construction Standards & Details in AutoCAD® DWG format, ROW maps, and City -based coordinate and land surveying information (i.e., Current City Datum), is all available on the Public Works, Development Review page of the City of Wheat Ridge website at: www.ci.wheatridte.co.us The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. 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Hill 1 �: ! �g 6b� n RE STREET N f OVOp $ Q R.O.W o :lvHdSv �u!slx�. m o §L 5 uom.sm 8 2 4 `1 a U a a o w O Z (Y � O Q ^l ti a N U U I W U U �G 6.: - U z ' 2 - - F a Z 5 s z 6b� n RE STREET N f OVOp $ Q R.O.W o :lvHdSv �u!slx�. m o §L 5 uom.sm 8 2 U C a U a a o w O Z (Y � O Q ^l ti a N U U I W U U �G 6.: - U z ' 2 - - Z 6b� n RE STREET N f OVOp $ Q R.O.W o :lvHdSv �u!slx�. m o §L 5 uom.sm 8 2 U C a U a a o w 6b� n RE STREET N f OVOp $ Q R.O.W o :lvHdSv �u!slx�. m o §L 5 uom.sm 8 2 I� iIV (Y � IV� ti • I i � W W -_---w �G 5 s z Sy�� rR Jfe Cp�r °� ogo _ �5 J i - 6b� n RE STREET N f OVOp $ Q R.O.W o :lvHdSv �u!slx�. m o §L 5 uom.sm 8 2 (Y � ti �G 6b� n RE STREET N f OVOp $ Q R.O.W o :lvHdSv �u!slx�. m o §L 5 uom.sm 8 2 133als aaoow i I I I I I i o k I I • ry 133als aaoow - City of -:�Wheat j�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building July 14, 2016 Steve Hagan P.O. Box 101321 Denver, CO 80250 Dear Mr. Hagan: 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an applications filed for approval of a site development plan and townhouse plat for property zoned Mixed Use - Neighborhood (MU -N) located at 10590 W. 44`h Avenue. The applications have been reviewed and the following are comments regarding the first submittal. PLAT DOCUMENT Many of my comments regarding the plat document have been included in the review by Public Works so there will be no duplication. Both the plat and site plan should have similar names - suggest Clear Creek Townhomes Plat... a resubdivision of Lot I of Jaylarry Subdivision. Make sure the top margin is at least 1" in width for recording purposes. Add the following case numbers to the Case History box: WZ-01-02, WZ-15-04, WS -16-02, WSP-16-03. SITE PLAN DOCUMENT SHEET 1 1. Both the plat and the site plan should have the same names. 2. The information included in the tables on the front sheet is too faint to read. Make sure that the data is not in half -tone so the reader does not have to strain to see it. 3. Under Site Data remove the category for proposed zoning classification. 4. Under Site Data, proposed use, add an "s" to townhome. 5. Under Site Data, indicate that minimum lot size is per the townhouse plat. 6. Under Setback, designate the minimum rear setback 5'. 7. Under site coverage, include a reference to Building A and B. 8. There is really only room enough for four parallel parking spaces on Moore Street. Modify the Parking calculation to indicate four with a total of 25 spaces. 9. In the Open Space Calculation, indicate that half of the surface of the underground detention will be used as an amenity for the residential - that amenity could be for community gardens, BBQ grills and outdoor dining. 10. Under the Open Space Calculation, there is a typo that should be corrected in the total open space square footage. 11. Remove the shading from the vicinity map. 12. Include a designation for the sight triangle for the corner of 44`h and Moore intersection. It should measure 55' along 44`h and 25' along Moore from the street flow line. 13. Add a sight triangle for the development driveway. It should be measured as 15' by 15' on both sides of the drive. 14. Show two on -street parking spots both north and south of the driveway. They should measure 8.5' x 20'. 15. Add a "Proposed Development "statement which addresses the intent of the development, design, ownership, construction type and materials. 16. Add a description of the proposed use of Tracts A through F. 17. Move utility, drainage and existing and proposed grades to a separate sheet. 18. Provide a legend designating buildings, landscaping and hard surfaces. 19. Add a legal description matching the plat with a surveyor's certificate. 20. Add a note indicating that the property is not within the 100 -year regulatory floodplain. 21. Label Buildings A and B. 22. Identify any proposed fencing. 23. Show the location of the dumpster. 24. Since Building B faces south, how will pedestrian access the front entrances? A pedestrian connection must be provided from Moore Street. 25. Designate who will be signing as the owner. 26. Add a Case History box with the following case numbers: WZ-01-02, WZ-15-04, WS -16-02, WSP- 16-03. SHEET 2 1. Revise the title to correspond to the plat name. 2. Show the monument sign on the landscape plan. 3. Include the Open Space Calculation on this sheet as well. See note #22 regarding the landscape table. 4. In the Open Space Calculation, indicate that half of the surface of the underground detention will be used as an amenity for the residential - that amenity could be for community gardens, BBQ grills and outdoor dining. 5. Add dimensions to the graphic. 6. A preliminary design for Tract A must be provided. 7. Street trees and shrubs must be provided on the Moore Street frontage adjacent to Tract A. 8. Under the Open Space Calculation, there is a typo that should be corrected in the total open space square footage. 9. A total of 15% open space is required within the development. Of the 15%, 75% of the open space area must be useable which appears not to be met. Provide a breakdown of the landscape areas and how they contribute toward open space and useable open space. 10. Include a designation for the sight triangle for the corner of 44`h and Moore intersection. It should measure 55' along 44`h and 25' along Moore from the street flow line. 11. Add a sight triangle for the development driveway. It should be measured as 15' by 15' on both sides of the drive. 12. Show two on -street parking spots both north and south of the driveway. They should measure 8.5' x 20'. 13. Provide a legend designating buildings, landscaping and hard surfaces. 14. Label Buildings A and B. 15. Identify any proposed fencing. 16. Show the location of the dumpster. 17. Since Building B faces south a pedestrian connection must be must be provided from Moore Street. 18. A total of five street trees are required along West 44`h Avenue where only four are provided. 19. A total of four street trees are required along Moore where only 2 are provided. 20. Please designate ground cover types and location. 21. Many of the plant materials on the graphic are unlabeled. 22. The landscape table is not consistent with that recommended on the site plan checklist. Please modify. 23. Include Note #2 from the 3�d sheet of the plan set. 24. Include the following note: "The development's Homeowners' Association will be responsible for maintenance of common elements including landscaping, parking and access and detention. 25. Identify any proposed fencing." SHEET 3 No changes. SHEET 4 1. For each cross section, label Buildings A and B. 2. Add a materials legend and identify all proposed materials. 3. For both of the front facades and the western facade, add a plan view showing wall locations so fagade articulation can be easier reviewed. 4. Identify the wall/fence running on the north side of the building on the site plan. 5. The west elevation of building be does not appear to be compliant with the requirements for fagade design for facade design, articulation and variation. 6. Provide a narrative on how the architecture is consistent with the Mixed Use design requirements. SHEET 5 1. The building type labels on this sheet are all transposed. 2. Please provide a plan view photometric plan which shows the site with footcandle readings (a numerical grid of lighting levels). SHEET 6 1. The building type labels on this sheet are all transposed. 2. Please provide a plan view photometric plan which shows the site with footcandle readings (a numerical grid of lighting levels. REFERRAL RESPONSES The following are referral responses received from other City departments and outside agencies. Arvada Fire Protection District. See attached correspondence from Kevin Ferry dated July 13, 2016. Fruitdale Sanitation District. See attached letter from Bill Willis dated June 27, 2016. Valley Water District. See attached correspondence from Kathy Kadnuck dated June 28, 2016 Wheat Ridge Police Department. See attached correspondence from Mark Cooney dated June 27, 2016. Wheat Ridge Public Works Department: To be forwarded via a separate email. Xcel Energy: See attached letter from Donna George dated July 13, 2016. Additional referral comments may be forthcoming and will be forwarded. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Traffic Engineering Mark Westberg 303-235-2863 Once the changes have been made, please submit one 24" x 36" copy of both documents 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 t I 1I • 1C i s' f I ! I I �I } Y= z� RO f fill &� y 1C g ow 00 4 t� z z f S W W � `d J N 9 ' 2 r il- - 4 t� z `d J N 2 r z m nz ct w o yw Eelh� Z: g a _u! E— ui 0 O CL WW -91 tis."Y..,, e.' m+.. -mom' i� gg s T - -S-IMOM NM01 A33N3 UW3 =. YOI �NOIlYOMIgy. • ..sNO11tlAAi.. 111lOd11Q� J 86 alit J U -si IZ-M..83MOH Wp01 y .WJ ..Np lYONflp�.. 7 .�NOIlY�Ti. iL�OMW: WNW a e a� a Allison Way Arvada CO 80005.303.124-3012 -303-432-7995fax July 13, 2016 Ms. Meredith Reckert, Planner City of What Ridge 7500 W 29t Avenue Wheat Ridge, CO 80033 Re: Clear Creek Townhomes. COWR Project # ESP -16-03 & WS -16-01. AFPD Project 16- 076D Ms. Reckert: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted under Section 5-86 of the City of Wheat Ridge Municipal Code. The Fire District has the following comments regarding this development plan. 1. Fire protection service This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (AFPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak Street. 2. Fire apparatus access -general Unless specifically otherwise approved, all public streets and private drives are considered fire apparatus access and shall meet the requirements of IFC Section 503 and Appendix D as adopted and amended (2012 IFC Section 503.1). 3. Fire apparatus access -surface Fire apparatus access roads shall be provided with an approved all-weather surface (concrete or asphalt). Access roads shall be capable of supporting an imposed load of 85,000 pounds (2012 IFC Sections 502.3 & D102.1 amended.) 4. Fire apparatus access width -private drives Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than 26 -feet and an unobstructed vertical clearance of not less than 13 -feet six - inches. (2012 IFC Section 503.2.1.1 amended). The private drive extending off of Moore Street indicated on the site plan does not indicate that the required width has been provided. 5. Fire apparatus access -turning radius Fire apparatus access roads shall provide a minimum inside turning radius and an outside turning radius sufficient to allow navigation of fire apparatus and allow effective fire suppression operations (2012 IFC Section 503.2.4). Existing access satisfies this requirement. 6. Fire apparatus access -dead end Fire apparatus access that terminates in a dead-end and exceeds 150 -feet in length shall be provided with an approved area for turning around fire apparatus (2009 IFC Section 503.2.5). The private drive extending off of Moore Street indicated on the site plan appears to be in excess of 150 feet in length and does not have an approved turn -around. 7. Emergency access through site Fire apparatus access lanes through the site shall be provided and documented through and access easement in a manner approved by the City of Wheat Ridge. (2012 IFC .Section 503.1) 8. Fire lane marking In order to ensure unobstructed fire apparatus access, private streets and drives with flowline-to-flowline dimension less than 30 -feet shall be posted on both sides as "fire lane - no parking." Fire lane signage designed and installed in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) shall be provided (2012 IFC Section 503.3). Adequacy of fire lane signage will be verified during field inspection. 9. Access during construction Approved fire apparatus access shall be provided during construction to within 150-0 feet of all points of the first floor perimeter walls. Unless otherwise approved, fire apparatus access consisting of the first -lift of asphalt or concrete shall be provided prior to commencing construction above grade (2012 IFC Sections 501.4, 502.2.3 amended & 3310). Existing access will satisfy this requirement. 10. Water supply for fire -protection -proximity Fire hydrants shall be provided along required apparatus access roads and adjacent public streets with spacing between hydrants no greater than 300 feet. (2009 IFC Section 507.5.1.2 amended). Existing fire hydrants will satisfy this requirement. 11. Required fire -flow The minimum fire -flow as determined by Arvada Fire shall be provided by the fixed -water distribution system. Fire -flow is calculated using the total floor area of all floors within the exterior walls of the largest building and the construction type. Reduction in required fire - flow is allowed with installation of an approved fire sprinkler system and as approved by Arvada Fire (2012 IFC Table B105.1 and Section B105.2). The developer shall provide the aggregate floor area and construction type so that the minimum needed fire -flow can be calculated. (2012 IFC Table BI05.1) 12. Landscaping clearance Trees and landscaping at the matured stage shall not encroach upon the following required clearances: • A vertical clearance of 13 feet -6 inches along fire apparatus access drives (2012 IFC Section 503.2.1 amended). • A three-foot clear space shall be maintained around all fire hydrants. The space shall be measured from the top center of the hydrant and there shall be no obstructions directly in front of fire hydrants (2012 IFC Section 507.5.5). Please contact me at (720) 398-0297 or via e-mail at kevin.ferrvna.arvadafire com if you should have any questions or need further information. Sincerely, Kevin Ferry/S/ Kevin Ferry Fire Marshal MARTIN/MARTIN CON SUITING ING INE FITS June 29, 2016 Meredith Reckert City of Wheat Ridge Community Development 7500 W.29"Avenue Wheat Ridge, Colorado 80033 Re: Fruitdale Sanitation District —10590 W. 44th Avenue — WSP-16-03 and WS -16-01 Martin/Martin, Inc Project No.: 130053.C.01 Dear Ms. Reckert, On behalf of the Fruitdale Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral received June 27"', 2016 concerning request for approval of a site plan and plat for 11 townhomes at 10590 W. 44`" Avenue. The Fruitdale Sanitation District has no objections with the proposed request conditional on the elements identified herein are fully addressed. The following are general requirements for sanitary sewer service. The subject lot is entirely within the service and boundary area of the Fruitdale Sanitation District. Treatment of sewage generated within the Fruitdale Sanitation District is provided by Metro Wastewater Reclamation District. Existing District Sanitary Sewer Mainline(s) Fruitdale Sanitation District has the following sanitary sewer mains adjacent to the referenced property: • 15 -inch mainline running west to east within W. 441 Avenue north of the referenced property. • 8 -inch mainline running south to north within Moore Street west of the referenced property. The District Rules and Regulations state that each individual building/townhome unit will require a separate service line and connection to the District main. A public sanitary sewer main into the development to service the individual buildings is required since not all buildings front the existing sanitary sewer main. The mainline extension is required to be public and either within public ROW or a dedicated District easement. An extensions agreement will be required to be completed prior to construction. A 20' minimum easement dedicated to the District will also be required if the extension is located outside of ROW. Per the District's Rules and Regulations, the District Engineer will design all mainline extensions within the District, A proposal for this work will be provided. If there is an existing survey (AutoCAD) please provide for our review. 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. Certified design documentation indicating the amount of flow that each unit will contribute to the sanitary system is required to initially evaluate if the existing sanitary sewer system has sufficient downstream capacity. Depending on values of anticipated flow, the Owner/Developer may be required to evaluate downstream sanitary mainline capacity to show the anticipated peak flows can be accommodated by the existing main. MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTINMARTIN.COM Fruitdale Sanitation District —10590 W. 44th Avenue — WSP-16-03 and WS -16-01 June 29, 2016 Plans and Costs An engineering review fee will be collected for the site design and must be provided when further coordination is completed. All costs involved are to be deposited to Martin/Martin prior to beginning the review — reviews, design, contract development, construction, observation and inspections — and are the responsibility of the Owner/Developer. Please be aware that proper tap and development fees are required to be paid prior to connection to the District main. For each townhome, the tap fee is based on a single family equivalence (SFRE). The 2016 costs for each SFRE are $5,000/SFRE for Fruitdale Sanitation District and $4,220/SFRE for Metro Wastewater Reclamation District for a total of $9,422/SFRE. In addition to the tap fee, an intensive use charge will be applied. See attached pages from the Rules and Regulations for fee description. These fee amounts are to be paid directly to the District Office prior to connection, payable to Fruitdale Sanitation District, which also collects Metro Wastewater's "connection fees". All fees are subject to modification. Any questions regarding this document, please contact us at (303) 431-6100 Sincerely, Bill Willis, PE Cc: Gary Charbonnier — Fruitdale Sanitation District Page 212 application and shall not be transferable to any other properly. A permit shall expire automatically 180 days afler the date of issuance of the permit. Section 4.04. Stub -In Permit . A permit may be issued by the Board in its discretion allowing a stub -in to the facilities of the District. The Board may require maps, surveys or other documents fixing the location of such stub -in to the public sewer as well as any additional terms and conditions which it deems necessary. A stub -in permit is not a guarantee of future service. A stub -in shall be considered a part of the public sewer system until such time as a proper connection to a service line has been completed. An application for a stub -in permit shall be accompanied by a stub -in fee in the amount set forth in the Schedule of Fees and Charges attached as Appendix 3 hereto. Section 4.05. Special Permits . A special permit must be obtained from the Board of Directors of the District for any use not specifically allowed hereunder defining the conditions, limitations and restrictions prescribed by the District therefor and the amount, category and classification of fees and charges, if any, as to each. Section 4.06. Permits by Others . No permit by the District shall be taken as authority for the making of any cut in a road or street, or in lieu of any permit required by any other regulatory body. Section 4.07. Intensive Use Charge . For the purpose of causing new development in the District to bear an appropriate share of the costs involved in expansion of public sewer ( facilities, such development shall be subject to intensive use charges as follows: (a) In all instances where a multi -family residential area is included in a development and the residential area includes more than three residences or three single family residential equivalents per acre, an Intensive Use Charge will be computed at the rate of one I.U.C. increment for each residential unit or equivalent placed thereon in excess of such maximum units per acre. This rate is applicable to fractions of an acre in any area being developed. The charge shall be imposed with respect to the entire development, but no charge shall be imposed for the initial three residential units in any tract of land. By way of illustration only, if the area being developed is 11.5 acres and there are 445 residential units planned for the area, the Intensive Use Charge should be computed as follows: Total 445.0 residential units Credit 11.5 X 3 34.5 residential units Charge Imposed On 410.5 residential units (b) In all instances where the development consists in whole or in part of office buildings located in the development, it will be computed on the basis of 1,500 square feet of gross floor area being equal to one residential unit. An Intensive Use Charge of one I.U.C. increment per unit shall be made. i (c) In the instances of commercial development (stores. shops. etc.). the hilenslNe Use Charge shall be based on the single family residential equivalent calculation as set _... - forth in Appendix 2 hereof and shall equal one I.U.C. increment for each single family residential equivalent. (d) In the instances of hotel. motel and suites, the Intensive Use Charge shall be based on the single family residential equivalent calculation set forth in Appendix 2 and shall equal one I.U.C. increment for each single family residential equivalent. (e) In the instances of hospital, nursing home or health and care development. the Intensive Use Charge shall be calculated on the following basis: each patient room (up to a maximum of four beds) shall be considered as one equivalent residential unit; public use and support personnel in hospitals (nurses, doctors, attendants, administrators, maintenance personnel, etc.) shall be computed on the basis that 1,500 square feet being devoted to such purpose will equal one equivalent residential unit. The Intensive Use Charge in all such instances shall be one I.U.C. increment for each equivalent residential unit. (fl In the instances of industrial development (warehousing, manufacturing, etc.), the Board of Directors of the District will determine the intensive Use Charge, if any, to be imposed based on the nature of the development and the number of single family residential equivalents contained therein. (g) In the instances of car washes or wash racks, the Intensive Use Charge shall be calculated on the following basis: the developer shall provide the District with the anticipated amount of water to be used. The anticipated gallons per month shall be divided by 6000 to determine equivalent residential units. The Intensive Use Charge in all such instances shall be one I.U.C. increment for each equivalent residential unit. All car washes and wash racks shall have water meters. After the car wash has been in operation for 12 full months, the amount of water used shall be determined and, in the event that the actual amount exceeds the estimated amount, the developer shall pay an additional Intensive Use Charge to the District for the amount of the excess actual usage. (h) In all instances where the development involves tax free institutions (governmental organizations, charitable institutions, schools, churches, etc.), the Intensive Use Charge shall be computed in accordance with the above classifications depending upon the type of structures involved. (i) All Intensive Use Charges will be in addition to connection fees and all other fees and charges imposed by these regulations. 6) All Intensive Use Charges shall be paid at the time the tap permits for the development are issued. In the event the development involves additions to or remodeling of existing structures, the Intensive Use Charge will be computed in each case according to the foregoing classifications. The W.C. increment shall be that amount set forth in the Schedule of Fees and Charges in Appendix 3 hereto. ... JW28/16 TUE 08:07 FAX 303 424 0828 VALLEY WATER DIS VALLEY WATER DISTRICT 12101 WEST 52ND AVENUE WHEAT RTDC:E, COLORADO?W.11 TF1xi,t)0Nl' 303424-9661 June 28, 2016 Fnx 303-424-0828 Meredith Reckert City of Wheat Ridge '7500 W. 2911' Avenue Wheat Ridge, CO 80033 Dear f.isa: In reference to Case No. WSP-16-03 and WS-16-01/Clear Creek Townhomes, the Valley Water District ha% reviewed the inquiry and the following items apply. I. Valley Water District can provide water service to the proposed project subject to Valley Water District and Denver Water Department rules and regulations. 2. Additional water main lines, fire hydrants or fire sprinkler lines may be needed to meet Valley Water District and Arvada Fire Protection District requirements which would be at owner's expense. it is the developer's responsibility to verify such requirements with the appropriate agency. 3. 1Cadditional water main lines, fire hydrants or fire sprinkler lines are needed, the owner would need to provide any necessary easements. All construction must be in compliance with the terms of the easement. 4. Each building group is required to be served by a single tap tis long U a common roof exists on the units and/or the units share common walls. Single taps to individual units will not he permitted whether or not the units are sold !separately. A single payer will be required for water bills after connection. 5. The owner of the property will need to contact Valley Water District at 303-424- 9661 prior to development of the project to discuss specific water system design needs, If you have any further questions, please feel free to contactme at 303-424-966 t. inc ly, ' rleen M. Kadnuck District Unice Manager wool Meredith Reckert From: Mark Cooney Sent: Monday, June 27, 2016 11:46 AM To: Meredith Reckert Subject: RE: Referral - Clear Creek Townhomes I have no problems with this proposal. 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: Monday, June 27, 2016 10:30 AM To: Mark Cooney Subject: Referral - Clear Creek Townhomes Dear Mark, The Wheat Ridge Community Development Department has received a request for approval of a site development plan and townhouse plat at 10590 W. 44th Avenue (Case No. WSP-16-03 & WS-16-01/Clear Creek Townhomes). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: WSP-16-03 & WS -16-01 Clear Creek Townhomes Comments are due by July.12, 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 July 13, 2016 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Right of Way & Permits 1123 West 3rtl Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 5 71.3524 donna.1.george@xcelenergy.com Re: Clear Creek Townhomes, Case #s SWP-16-03 and SW -16-01 Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the plans and plat for Clear Creek Townhomes. Due to the unique nature of this development and the reduced use of the 5 -foot easement along the south property line, PSCo requests all Tracts be dedicated for utility use in their entirety. Please be aware PSCo owns and operates existing electric distribution facilities along the northerly and easterly property lines. The property owner/developer/contractor must contact the Builder's Call Line at httgs://xcelenergy.force.com/FastAgp (register, application can then be tracked) or 1-800-628-2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303- 571-3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado WHEN RECORDED RETURN TO: Slawomir Golabek 5745 S. Andes St. Aurora, CO 80015 File Number: 5503-2390103 2015026985 31231201511:26 AM PGS 2 $16.00 DF $12.00 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 Y ~ - Rrstt Aef'c '"o ru=_ WARRANTY DEED THIS DEED, Made this Eleventh day of March, 2015, between Pasqual D. Aiello of the County of Jefferson and State of Colorado, grantor, and Slawomir Golabek whose legal address is 5745 S. Andes St., Aurora, CO 80015 of the County of Arapahoe and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE HUNDRED TWENTY THOUSAND AND N0/100 DOLLARS ($120,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado. also known by street and number as: 10590 West 44th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Doc Fee: $12.00 Page 1 of 2 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Pasqu r Aiello State of Colorado County of Jefferson The foregoing instrument was acknowledged to before me this Eleventh day of March, 2015 by Pasqual D. Aiello. Witness my hand and official seal. My commission expires; 49/14/2016 ANNEy� E DIEOEi Notary Public Al®TARY PUBLIC STATE OF COLORADO NOTIARY ID 19964015143 Ly t'omr, fission I xl��` 're p 14, 2016 AGENT AUTHORIZATION I hereby authorize Steve Hagan to act on my behalf on matters related to plans submittal, permitting, construction and development of my real property at 10590 W. 44th Ave. Wheat Ridge, Colorado, 80033, or any other matters related to the construction of the proposed town homes on said property. Slavbmir Golabek Date ► submitted BY Al City Of planner. Incomp. • ]��Wh6atWid be acceptd--ref J ye LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29"' Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant S`c` V E )4 A G A tJ Phone SO& 41 8- Q28oEmail H A; CZ A. N I Z. 2 D Address, City, State, Zip P0. S O)t 1.01 52-1 DEN 1i ER . C 0 4602-S-0 oL, CoM Owner 5 L,a V'o M I /2 go t -N- i3 El< Phone 7 21-43 ,�--3y5 } Email S G c LELT Q I L, C. c t_ Q K a- D V Address, City, State, Zip 5-145- St A N D OS ST. A u z©jzA, CO 130(71.9- y M A. i L. G Contact S—F & y C 4 +fk C1 A r`i Phone S FE A 60 VIE -Email Address, City, State, Zip (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): %© S 1 O V f, 44 Th+ 1tJR E7AT V-1 D 1 Type of action requested (check one or more of the actions listed below which pertain to your request): Co. "0 3 O Change of Zone or Zone Conditions O Special Use Permit O Subdivision - specify type: O Planned Development (ODP, SDP) C3 Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan 0 Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan 0 Major (6 or more lots) O Variance/Waiver (from Section 26- O Right of Way Vacation O Other: Detailed description of request: =a ! /�:-- 'T, f \41 r `.- U - i1 r 1: ) 1 ► (� �," ` 1 +,) c� �. i� i r t L 1- e rl U2- S f� C r i U f J I S 2 g L C -T S. P P Iz. t, X ) S S O S >_ T-) A L I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -o& auorn from the owner which approved of this action on his beha f LINDA M. ATKINS NOTARY PUBLIC STATE OF COLORADO Notarized Signature of Applicant NOTARY ID 20074001 tui State of ColoradoMY COArMISSION EXPIRES 01/16/2019 County of -D 0.rwt, t° The fore oing instrument Land se Processing Application was acknowledged by me this day of �- , 20 byLd' My commission expires ( / ` /20 otary Public To be filled out by staff: Date received Sc- a3 , .1761L Comp Plan Design. Related Case No. Q S I (. 01 Assessor's Parcel No. 31 -211 -11 -021 - Size 9.211-11-021fSize (acres orsgft) :22,013 $0 Rcv 1/22(2016 Fee $ 3oo o Receipt No. Pre -App Mtg. Date May a(,r ),ol iv Current Zoning M I.1 Proposed Zoning Case No. Quarter Section Map AX 91 Case Manager egXe ,- k Current Use Proposed Use 11 Town a (tie S Name: Standard : 1 North: 376590.9932' Segment #1 . Line BOUNDARY East: 3213774.1751' Course: S89° 26' 53.85"w Length: 148.540' North: 376589.5629' East: 3213625.6420' Segment #2 . Line Course: NOW 24' 53.70"w North: 376748.1187' segment #3 . Curve Length: 158.560' East: 3213624.4937' Length: 8.601' Radius: 15.000' Delta: 032.8533 (d) Tangent: 4.422' Chord: 8.484' Course: N16° 00' 42.28"E Course In: N89° 35' 06.30"E Course out: N57° 33' 41.74"w RP North: 376748.2274' East: 3213639.4933' End North: 376756.2736' East: 3213626.8339' Segment #4 . Line Course: S89° 47' 33.17"E North: 376755.7340' segment #5 . Line Length: 149.043' East: 3213775.8759' Page 1 BOUNDARY Course: S00* 35' 29.68"w Length: 164.749' North: 376590.9937' East: 3213774.1749' Perimeter: 629.493' Area: 24850.91 Sq. Ft. Error Closure: 0.0006 Course: N14° 04' 44.07"w Error North: 0.00056 East: -0.00014 Precision 1: 1048960.000 Page 2 Form No. 1402.06 Policy Page 1 ALTA Owner's Policy (6-17-06) . Policy Number: 2390103 1100302PO50600 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company's insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. First American Title Insurance Company J Jetirey v Robinson Secretary Form No. 1402.06 ALTA Owner's Policy (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. Policy Page 2 Policy Number: 2390103 (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, Policy Page 3 Policy Number: 2390103 attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. S. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, asinsured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'. Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. Policy Page 4 Policy Number: 2390103 (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department. POLICY OF TITLE INSURANCE S I A M F R l C First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 5 Policy Number: 2390103 SCHEDULE A First American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 7887 Belleview Avenue, Suite 900 Englewood, CO 80111 File No.: 5503-2390103 Policy No.: 2390103 Address Reference: 10590 West 44th Avenue, Wheat Ridge, CO 80033 Amount of Insurance: $120,000.00 Date of Policy: March 23, 2015 at 5:00 p.m. 1. Name of Insured: Slawomir Golabek 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Slawomir Golabek 4. The Land referred to in this policy is described as follows: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) File No.: 5503-2390103 SCHEDULE B Policy No.: 2390103 EXCEPTIONS FROM COVERAGE Policy Page 6 Policy Number: 2390103 This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. 2. 3. 4. 5. 6. 7. Taxes for the year 2015 and subsequent years. Taxes not yet due or payable. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. Any water rights, claims of title to water, in, on or under the land. Notes and easements as shown on the Plat of Jaylarry Subdivision recorded January 05, 1954 in Plat Book 12 at Page 32. Terms, agreements, provisions, conditions and obligations as contained in Council Bill No. 31- 2002, Ordinance No. 1267, Series 2002 recorded October 24, 2002 at Reception No. F1593404. Terms, agreements, provisions, conditions and obligations as contained in Green Goddess Garden Center Official Development Plan recorded December 12, 2002 at Reception No. F1629498. Terms, agreements, provisions, conditions and obligations as contained in Official Legal Description for the City of Wheat Ridge Corporate Boundary recorded January 07, 2009 at Reception No. 2009001396. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Anti -fraud Statement Policy Page 7 Policy Number: 2390103 Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. First American Title Insurance Company r Cit)/ of < r Co mmumn DEVELOPMENT jOgle Memorandum TO: Potential Land Use Applicants FROM: Ken Johnstone, Community Development Director DATE: October 16, 2012 SUBJECT: Notification of Surface Development (C.R.S. §31-23-215 and §24-65.5) In 2001, the Colorado Revised Statutes were amended to include an Article which addresses mineral rights in respect to land use applications. This Article states that any application for development must be accompanied by a completed notification to mineral estate owners. For the purposes of this requirement, an application for development includes any application which requires non -administrative approval from Planning Commission or City Council, including: A Final Subdivision Plat A Rezoning (including Planned Developments) A Special Use Permit (if City Council approval is required) Building Permit applications are not considered an application for development, therefore mineral estate owners do not need to be noticed. A Certificate of Notice is attached, and must be completed and returned to the Community Development Department no later than ten (10) days prior to each public hearing. Both Planning Commission and City Council hearings must be noticed. It is the responsibility of the applicant, not the City, to notify any mineral estate owners prior to public hearing. Failure to notice will constitute sufficient grounds to reschedule the public hearing. If there are no mineral estate owners, the appropriate box on the certification can be checked and the certification can be submitted with the development application. WHEN RECORDED RETURN TO: Slawomir Golabek 5745 S. Andes St. Aurora, CO 80015 File Number: 5503-2390103 WARRAN - - _ - THIS DEED, Made this Eleventh day of March, 2015, be State of Colorado, grantor, and Slawomir Golabek who 80015 of the County of Arapahoe and State of Colorado, WITNESSETH, That the grantor, for and in considera THOUSAND AND NO1100 DOLLARS ($120,000.00), acknowledged, has granted, bargained, sold and conveye and confirm, unto the grantee, his heirs, successors and - improvements, if any, situate, lying and being in the Cou Lot 19, 7aylarry Subdivision, County of Jefferson, also known by street and number as: 10590 West 44th TOGETHER with all and singular the hereditaments a 6 appertaining and the reversion and remainders, rents, iss z2 claim and demand whatsoever of the grantor, either in ta- - — - —� with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above b said grantee, his heirs and assigns forever. And the grant -- does covenant, grant, bargain and agree to and with the ensealing and delivery of these presents, he is well seize perfect, absolute and indefeasible estate of inheritance, in i - lawful authority to grant, bargain sell and convey the sar .- free and clear from all former and other grants, bargains restrictions of whatever kind or nature soever, and exce years, and except easements, covenants, reservations, r t: The grantor shall and will WARRANT AND FOREVER peaceable possession of the grantee, his heirs and assig _ - - claiming the whole or any part thereof. The singular number shall include the plural, the pica applicable to all genders. Pa -'Vq WHEN RECORDED RETURN TO: Slawomir Golabek 5745 S. Andes St. Aurora, CO 80015 File Number: 5503-2390103 2015026985 3/23/201511:26 AM PGS 2 $16.00 DF $12.00 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 Y WARRANTY DEED First American THIS DEED, Made this Eleventh day of March, 2015, between Pasqual D. Aiello of the County of Jefferson and State of Colorado, grantor, and Slawomir Golabek whose legal address is 5745 S. Andes St., Aurora, CO 80015 of the County of Arapahoe and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado. also known by street and number as: 10590 West 44th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Doc Fee: $12.00 Page 1of2 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above- -14 - Pasqujl/D-AJ-ello State of County of Color -ado Jefferson The foregoing instrument was acknowledged to before me this Eleventh day of March, 2015 by Pasqual D. Aiello. Witness my hand and official seal. My commission expires: 09/14/2016 NOTARY PUe-j t;�L Notary Public N.-. S. OWN ER'SCERTI ACATE: I, SLAWOMIR GOLEBEK,BEING THE OWNER OF REAL PROPERTY CONTAINING 0.570 ACRES DESCRIBED AS FOLLOWS: LOT 19 OF JAYLARRY SUBDIVISION, LOCATED WITHIN THE EAST HALF OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, THE PLAT OF WHICH IS RECORDED IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY, COLORADO, IN PLAT BOOK 12. PAGE 32, CONTAINING 24,851 SQUARE FEET OR 0.570 ACRES MORE OR LESS. ALSO KNOWN AS: A PARCEL OF LAND LOCATED WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 21, THENCE N 62°36'31" E, A DISTANCE OF 879.22 FEET TO THE SOUTHWEST CORNER OF LOT 19, JAYLARRY SUBDIVISION, AND THE TRUE POINT OF BEGINNING; THENCE N 89026'54" E ALONG THE SOUTH LINE OF SAID LOT 19, A DISTANCE OF 148.54 FEET TO THE SOUTHEAST CORNER OF SAIF LOT 19, SAID CORNER LYING ON THE WEST PROPERTY LINE OF NEWGATE IN WHEATRIDGE SUBDIVISION; THENCE N 00035'30" E ALONG THE EAST PROPERTY LINE OF SAID LOT 19, A DISTANCE OF 164.75 FEET TO THE NORTHEAST CORNER OF SAID LOT 19, SAID CORNER LYING ON THE SOUTH RIGHT-OF-WAY LINE OF 44TH AVENUE; THENCE N 89047'33" W ALONG THE NORTH LINE OF SAID LOT 19TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 32051'12", A LENGTH OF 8.60 FEET, A CHORD BEARING OF S 16°00'42" W, AND A CHORD LENGTH OF 8.48 FEET TO A POINT OF TANGENCY, SAID POINT LYING ON THE EAST RIGHT-OF-WAY LINE OF MOORE STREET; THENCE S 00024'54" E ALONG THE WEST LINE OF SAID LOT 19, A DISTANCE OF 158.56 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 24,851 SQUARE FEET OR 0.570 ACRES MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF JAYLARRY TOWNHOMES,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 THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREETLIGHTS AND ALL APPURTENANCES THERETO. OWNER STATE OF COLORADO ) )SS COUNTY OF JEFFERSON) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY 0 F , A. D.20 BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF JAYLARRY TOWNHOMES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. SIGNATURE JAYLARRY TOWNHOMES SUBDIVISION c A. L !v 20 04 t LEGEND FOUND PROPERTY CORNER AS NOTED p SET NO. 4 REBAR WITH YELLOW CAP • STAMPED PLS 26715 PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF _ ,BY THE WHEAT RIDGE PLANNING COMMISSION. HAIRPERSONCITYCERTIFICATIONAPPROVEDTHIS DAYOF , BYTHEWHEATRIDGECITYCOUNCIL. ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS OUNTY CLERK AND RECORDERS CERTIFICATE §TATE OF COLORADO) ) BOUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE BOUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT OLDEN, Cot A 0 O'CLOCK ` M. ON THE DAY OF _ --A.D., IN 500K, PAGE , RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER BY: _ DEPUTY NOTES: 1, CROSS ACCESS EASEMENT THE OWNER HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED FIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS'CROSS- A.CESS/INGRESS-EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENTTHROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC STREETS. 2, STANDARD EASEMENT TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO 44TH AVENUE. FIVE-FOOT (51) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS 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 EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. 3. THE STORM DETENTION AREA HERE SHOWN AS TRACT A SMALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS, HEIRS, SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE DETENTION AREA AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. 4. ALL LINEAL UNITS DEPICTED ON THIS PLAT ARE IN US SURVEY FEET. 5. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH PROPERTY LINE OF NEWGATE IN WHEAT RIDGE SUBDIVISION WHICH ASSUMED TO BEAR N 8904733" W BETWEEN THE NUMBER 4 REBAR FOUND AT THE NORTHWEST CORNER AAND NORTHEAST CORNER OF SAID SUBDIVISION. 6•THE GEODEDIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLAN COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY OF 0.04 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GODEDIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998. A REPLAT OF LOT 19, JAYLARRY SUBDIVISION LOCATED WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 21 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. L=8.609 =15.00 1=03 °51'12" CHORD BRG: S 16°0 '42" W CHORDI= 8.48' S890 47' 33"E 25' 22.67' 11.5' SIDEWALK jEASEMENT � 0 m m S890 35'06"W S00° 24' S4"F- 4.01' 1 t8.56�- FOUND NO. 4 REBAR Z N EASTING Oco DESCRIPTION 500 1708358.4594 ma 1224 SF PROP -COR UT 1708516.9748 3107850.8630 rY �o �O m PROP -COR 502 N 3107853.2025 O O�Q 503 1708524.5878 3108002.2074 N PROP -COR 504 / 3108000.5069 p PROP -COR 505 1707954.0600 N 620 �2 0 5386.00 / �7g I 1707973.1700 / 5368.01 14409 r S00° 12'27"W 4.25' cnl nRAnn rrhITPAI 7r)n11: KIAn0o In -1 CiATr Ill A NIP" i^n rr mr ... . PT# NORTHING EASTING ELEVATION DESCRIPTION 500 1708358.4594 3107852.0110 1224 SF PROP -COR 501 1708516.9748 3107850.8630 0.028 AC± PROP -COR 502 1708525.1273 3107853.2025 O PROP -COR 503 1708524.5878 3108002.2074 N PROP -COR 504 1708359.8893 3108000.5069 p PROP -COR 505 1707954.0600 3107071.5600 5386.00 14309 506 1707973.1700 3109723.2400 5368.01 14409 507 1701258.7500 3118217.5800 5471.6200 PHAC 1 WEST 44TH AVENUE 74' R.O. W 37' 37' TRACT D 1745 SF 0.040 AC± 7L m-11-mmm"149.04 ��_ �M N890 4733"W 10' UTILITY S00° 35'30"W S890 4733"E S890 47' 3"E S89° 47' 33"E EASEMENT S8933"E S89° 47' 331E'07' 21.37' 22.67'-7 22.67' 22.67' 22.66' LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 4 1224 SF 1224 SF 1224 SF 1224 SF 1224 SF 1224 SF 1224 SF 0.028 AC± 0.028 AC± 0.028 AO± uJ 0.028 AC± 0.028 AC± s 0.028 AC± 0.028 AC± O C? O CU O N O N N r N N O O p 0.013 AC± G? 0 U� p z LO p LO o tf o 0 N' � v- U) .- t Tt� ° LO to 0 to - S00° 24' 54"E 0 va i 800° 35'30"W 55.88' 54.00' 22.67' 22.67' 22.67' 22.67' 22.67' 22.66' N890 4733"W N890 4733"W N89° 47'��W N890 47'33"W N89° 47'33"W N890 47' 33"W N890 47'33"W 5.00' N00° 12'27"E 4.25' 20.98' S89° 47'33"E S890 47' 3�� 89° 47' 33"W 22.67' 22.67" TRACT E "\- ACCESS 5524 SF EASEMENT 0.127 AC± S890 47'33"E S890 47'33"E 22.67' 22.67' o I- � � ct o � S00° 35'30"W 37.00' CU) : S890 4733"E 22.66' FOJND NO. 4 REBAR W/ CAP BASIS OF BEARINGS ILLEGIBLE N 8947 .53 W �S89° 24'30"E 10.67' TRACT C 566 SF 0.013 AC± 5' UTILITY EASEMENT S890 24'30"E 10.31' { TRACT A LOT 1 LOT 2 LOT 3 LOT 4 If 1408 SF 0.032 1224 SF 1224 SF 1224 SF 1224 SF AC± Lu ,vi 0.028 AC± 0.028 ACS 0.028 AC± 0.028 AC± O N O CU O N N N ° pp ° , i') 0.013 AC± G? z O W 0 ° 0 N' � v- � .- t Tt� ° LO U RECEPTION NO. 521384 o I- � � ct o � S00° 35'30"W 37.00' CU) : S890 4733"E 22.66' FOJND NO. 4 REBAR W/ CAP BASIS OF BEARINGS ILLEGIBLE N 8947 .53 W �S89° 24'30"E 10.67' TRACT C 566 SF 0.013 AC± 5' UTILITY EASEMENT S890 24'30"E 10.31' I 25.39' 22.67' 22.67' 22.67' 22.67' 22.66' S890 35'06 W N890 4733"W N890 47'3 N89° 47' 33"W N89° 47' 33"W N89° 47' 33"W ' 11. --- 148.54 9.68' \-TRACT 68'TRACT B S90 2654"W 5' UTILITY 1590 SF EASEMENT 0.036 AC± TRUE POINT OF BEGINNING LOT 18 JAYLARRY SUBDIVISION PLAT BOOK 12, PAGE 32 889° 24'30"E 10.00' FOUND NO. 4 REBAR FOUND NO. 4 REBAR N 89035'14" E 505 2652.42 -- ---------_- POINT OF COMMENCEMENT 506 SW CORNER NE 1/4 SECTION 21 SE CORNER NE 1/4 SECTION 21 T.3S,, R.69W T.3S., R.69W FOUND 3-1/4' BRASS CAP IN RANGE BOX 'LS 13212 OUND 3-1/4' BRASS CAP IN ANGE BOX 'LS 13212 SII Gni,11VE ENGINEERING & SURVEYING ENGINEEFJNG CONSULTANTS 9928 BLUESTAR DRIVE Tel. No. (303) 889-0044 PARKER, COLORADO 80138 Fax. No.(303) 380-3320 PROJECT No. 411 PLAT ISSUED: 6-20-16 SHEET 1 OF 1 S890 24'30"E LOT 5 10.36' 1224 SF TRACT C � 0.028 AC± 550 SF N s 0.013 AC± G? O N Q co NEWGATE IN WHEAT RIDGE N' � v- � .- t Tt� ° LO cy) RECEPTION NO. 521384 0 va i ° U) I 25.39' 22.67' 22.67' 22.67' 22.67' 22.66' S890 35'06 W N890 4733"W N890 47'3 N89° 47' 33"W N89° 47' 33"W N89° 47' 33"W ' 11. --- 148.54 9.68' \-TRACT 68'TRACT B S90 2654"W 5' UTILITY 1590 SF EASEMENT 0.036 AC± TRUE POINT OF BEGINNING LOT 18 JAYLARRY SUBDIVISION PLAT BOOK 12, PAGE 32 889° 24'30"E 10.00' FOUND NO. 4 REBAR FOUND NO. 4 REBAR N 89035'14" E 505 2652.42 -- ---------_- POINT OF COMMENCEMENT 506 SW CORNER NE 1/4 SECTION 21 SE CORNER NE 1/4 SECTION 21 T.3S,, R.69W T.3S., R.69W FOUND 3-1/4' BRASS CAP IN RANGE BOX 'LS 13212 OUND 3-1/4' BRASS CAP IN ANGE BOX 'LS 13212 SII Gni,11VE ENGINEERING & SURVEYING ENGINEEFJNG CONSULTANTS 9928 BLUESTAR DRIVE Tel. No. (303) 889-0044 PARKER, COLORADO 80138 Fax. No.(303) 380-3320 PROJECT No. 411 PLAT ISSUED: 6-20-16 SHEET 1 OF 1 ► le submitted BY Al V, City of planner. Incompl "�9 W heat �idge be accepted- refi LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29u' Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant S -r OV E )-F A U A 1J Phone 343° 47 8.02-SQEmail H A C -t A N J 2- 2 D@ A 0L-, C0M Address, City, State, Zip P ©. SOX i. 0 1 57-1 61= Ny E1Z . C o g O 2 - SO Owner SL,-i/'0^4Ja ©t_-95FkPhone72C-435-3n'51Email SC�cLECT1ZI GGo1-atZaDt?le Address, City, State, Zip 9-145- S S+ A -N D r S ST. A u 2 o i z A, CO 13001-5- U M."s.` L, Ce Contact 15-j' Ey C I+ A, C--1 P, Phone S F E A iSO V EEmail Address, City, State, Zip (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): © S `t 0 y f , 4-4 E4- AVE Wi4 E okT V— i D &4F C 0 . - ' C-0 O �;3 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 53 Subdivision — specify type: 0 Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) • Temporary Use, Building, Sign 0 Concept Plan 0 Major (6 or more lots) O Variance/Waiver (from Section 26- O Right of Way Vacation O Other: Detailed description of request: ' Ll IS 7' v` ) I T 0,�, -J 4,-� vv-, e S y j-1 iE C / n t✓ F G rt. S A t- c Li N 17-5 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. _ LINDA M. ATKINS NOTARY PUSLIC Notarized Signature of Applicant STATE OF COLORADO State of Corado NOTARY ID 20074001643 County of d ss MY COMMISSION EXPIRES 01/16/2019 •rG>� and Use The foregoing instrument LProcessin A lication was acknowledged by me this day of 3w , 20 1 %O by otary Public To be filled out by staff: Date received s►, n e 1.13 , a o I L Comp Plan Design. Related Case No. W 5 P• 1 L- 03 Assessor's Parcel No. .31- 0211- � 1 - �;($ Size (acres or sgft) a,2, 0 1_ Aar} Rev 12V 2016 My commission expires L /16/20 1 9 Fee $ Receipt No. Pre -App Mtg. Date o26, 261 L Current Zoning M (A Proposed Zoning Case No. W � - / G -01 Quarter Section Map NE 21 Case Manager Rx r jC& ri Current Use Proposed Use l I Tau n fir. r S