HomeMy WebLinkAboutLLA-18-01Owners Certificate
*1. tA; 'lLAFE S. C_^AAN & KAREN Gl RVANi BEING OWNERS OF R= Ai -
PROPERTY rCON1 L ALN .NvG 17620 .ACRES DESCRIBED A _"LLOWS:
A PARCEL OF !_AND LOCATED IN -1!E MORT'EAS'. C -ER OF SECTION 29
TOWNSHIP 3 SOUTH,RANGE 69 WEST OF THE 61H PRNCIPAL MERIDIAN,
CITY CE WHEAT RIDGE, COUNTY OF T EF-ERSOv, S OF COLORADO, BEING
MORE PAR IICULA -' DESCRIBED AS FOLLOWS:
CONSIDERING TAE NORTH LINE OF THE NOR1 _AST Q_AF?TER OF SAID
SECTION CN 29 TO B 0IH 89'22'34' EAST, A ..'i< Y `.)F 2,:67.46
BEAR \R a ^1. �''
--LET EIE-.hEEN ,A `OLIND 3 1/T' BRASS CAP CA! AILMNUM PHY STAMPED
_ OF WHEAT RIDGE SURVEY NAOVUNAEIJT LS 132 S R69VJ S20 S29
1984"IN RANGE dCAX AI ITL NORTH I Qu AR ..Z CORI._ OF SAID SECTION
29 AND A FOUND .3 4- BRASS CAP STA N4 E` "( CF WHEAT RIDGE
13212 2+E 21 20 2S" N RANGE BOX AT ",`Hf NORM A',- CORNER OF SAID
SECTION 29, WITH ALL BEARINGS CON AINEIHEREIN PLATIVE THERE D,
COMMENCING AT THE. NORTHEAST CORNER CIL SAP SYCRON 29; THENCE
SOUIA 650157" WES I, A DISTANCE OF 1015.51 E,,_! TO .A POINT ON. iHE
WESTERLY LINE OF LOT 12APPLEW00D VISTA, BEING THE TRUE POINT
OF
BEGINNING; THENCE FOLLOWING ALONG SAID WESiE:R;_`! LINE OF LOTS 12
AND 1" APPI—WOOD VISTA, SOUTH 00'41'38" A`_?- A PiSTAN^,F 01- 222.82
FEET TO THE SOU TI iWES T ERLY CORNER OF SAO LOT it APPLEWOOD 'SISTA;
rnENCE ALONG THE NORTH LINE OF A PORTON Or (!M -ADDITION AND
FITTS STUBDIVi SiOv SOUTH 89 �., L_Ci \ FSV A DISTANCE OF 345.31 FEET TO
,HE NORTHEASTERLY CORNER OF SAID FI F S SUBILDIVS,ON; THENCE ALONG
THE EASTERLY LINE OF LOT 5, FROG FARM M NOr S jr<;IVISION AMEND /ENT
NO. 1 NORTH H =2 13" WEST, A DISTANCE r)F 22L6EE 1 10 THE.
SCJ +:EA, TERLY CORNER Or AT JNLPLA T I C ' OP P Pr DESCRIBED SCRIBES , A
CE :ON NO. `126SOt .FENCE AONG SOL, ;HLY LINE OF SAID
T E r !
1N ,�AT, _, PROPERTY NOR r� �s•o. ��" F -NCE of 345.43 FEET.
MORE Or LESS, TO THE PONT OF BE INNIN a SAO PARCEL CONTAINING
78,754 SQUARE FEET OR 1,7620 ACRES, MORE OR ESS.
HAVE LAI i 0!UT, SU!BD'!VIDED AND PLATTED SAID LA!'� AS PER THE
DRAt 9NG HEREON CONTAINED UNDER THE NAME ANI YLE OF CLAVAN
ILA. A. A SUBDIVISION OF A `'ART OF THE CE TY OF WL ILLI RIDGE, COLORADO
AND BY THESE PRESENTS DO DEDICATE TO RHIE CITY OF WHEAT RIDGE AND
TI'CSE MUNICIPALLY OWNED AND/OR MUN:IC' At_LY H ANCHISEEO UTILITIES
AND SERVICES THOSE PCRPONSOF REAL PRO EPiY ,.;OWN AS EASEMENTS
TOR J E CONSTRUCTION, INSTALLATION, OPERA ON. 11t,3NTENANCE, REPAIR
AND REPLACEMENT FOR ALL SERVICES OS NCLUD` S BUT IS NOT LIMITED
0 E.=LLP IDN!: AND ELECTRIC LINES, GAS UNE:S, ',/VA71,_1R AND SANITAR`!
`EWER LINES, HYDRANTS, STORM WAFER SYSIEMS ANS) PIPES, DETENTION
PONDS, STREET LIGHTS AND ALL AP PUR FENANCFS , s<ETO.
MICHAEL T
22 W, 38iPi AVENUE
ehm??I;,<
KAREN GLAVAV
250 Vv 'B--Ei -NIJE
A R_ OF COi_ORADO
)SS
,-_ N I Y 0`
JEFFERSON
THE EGOING INS ,N?-=! 1 WAS >u c+NOv+4 Ilt H ORJ ME T IIS
DAY OF 6?qct`--- „_fid
EI `LESS MY HAND AND Otrh.AL SEAL_ JMY CU,.r".41S,`_ EXPIRES:
TAftAAA to —ODE, T
NOTA , PI ---- aw
mY 1s ['T
,'z!- , = E
Courtly Clerk
lr and Recorders
Certificate
A _.. 0' COI..ORADO �
CITY CLERK
)SS
3 a `O 3 Ti; R A PIC; E
C�
G., ,TY OF JEFi EPSON
li f
CERTIFY . —
`. r�Y THAT THIS PLAT WAS Fii J
N jOFFICE OF THE COUNTY
:I" AND OF _ ;On-�_�. :,..
JEFFERSON CCS IN
AT, GOODEN, "'OLGr ADC, A,
_ O'CLOCK CIAO )�
CA , _ DAY, {
OF
�?
.n_._i'1Nr f
. i
f
_-
:i1E E_z7
I
NTE N C0UN I 'CLERK AND RECORDER
,jEF�
MOVEMENT THROUGH SAID EASEMENT',',, ^j TINOSE FNRIN;
rc r,_.
EASEMENTS
FROM SIMILARLY
RECORDED EASFMEN,
FROM ADJACENT PROPERTIES AND/OR FROM F`BUrIINC PURL."
a
was
City Ceftification
w
As
APPROVED THIS :.�_. :iF " IDLE T F' r `*-_^i 201 � -
+;• !, ,^ -_ _.._,., � _ BY !-EiE CIT" OF
HEAT RIDGE. j
k
PUD STARKER, MAYOR - ATTEST: --
7
L 1
JAf4I ,_ E SHAVER,
CITY CLERK
7lNVIN
3 a `O 3 Ti; R A PIC; E
A
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w�=�
"CROSS ACCESS EASEMENTS ° AS a UJSTRA TE UPON
RL ., OI< OF
CASE ITISTIDR
MS -16--06
LLA -18-01
f
MENT
HE I I EMM
N 21
A 1011101017, O T i_A`D
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S_',( ;Ffiil''T 293
7lNVIN
3 a `O 3 Ti; R A PIC; E
% 9 /j:T ()IT THE 6 rT>
7..i
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"CROSS ACCESS EASEMENTS ° AS a UJSTRA TE UPON
'EE
71i A-1
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SCALE: 250,
Notes
1. EMPIRE 11 -LE NORTH, LLC. COMMIMMEN- NUMBER 200521 DATED OCTOBER F. 2016 AT 8:00 A.M, WAS ENTIRELY
RF, IF: , l PPF; ;OR RECORDED I`dF CRMATIGN REGARDING RIGHTS-OF-WAYEASEMENTS AND ENCUMBRANCES N THE
PREPARATION OF IRS SURVEY. THE PROPERTY SHOWN AND DESCRIBED R _ON IS ALL, OF THE PROPERTY
Y
DESCRIPrP IN SAIL,' ' TI OMMITMENT.
2. .A000F D.NG -TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON1 ANY DEFECT IN THIS
SURVEY WI THTI D IREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT INI NO EVEN1, MAY .ANY ACTION BASED
UPON NO' DEFECI IN :+i: SURV_.Y BE COlv:MEidCtE'D MORE THAN TEN WARS S .-ROM HE DATE OF THE CERTIFICATION
SHOWN) HEREON
.i THIS SURVEY 6 . UD ONLY 4 PRINT HAS SEAL BLVD SIGNA URE O
4. BASIS OF BF AR JC.,i: CPS DERIVED BEAR GS S z ED ON A BEARIND, OF 18912'34"L ALONG THE N OR tiff UNE OF
THE NORIMAST WARIER OF S.':,I ON 29, T_WN3HIP 3 SOUTH, RANGE 69 .'_-t ', BETWEEN A FOUND 3 1/4 BRASS
CAP ON rLL,VIN O, PIPE STAMPED MY OF WHEAT RIDGE SURVEY MONUN Ir I --S 13212 T3S R69+:1 S20 S29 198,+"
IN.RANGE rO A C FI
_ NORTH�fH QUARTER TER r
0R.NER n - SECTION 29 BEING
TC! -,' OF
WHEAT
- P
TDG(. POINT
Ami�
1�
Q
_A?I IIr.. ,n4�c2 9„A.N -rNilvC- J:'iSG�366. A.. A r,CT, 1RKA5C CAP SIAv.=_v CI
Y^-
WHEAT RIDGE 5212 20 21 29 28” IN RANG_ BOX AT !H7 NORTHEAST CORNER OT7 SECTION ?_ BJN� � r tIG Y C,, OF
WHEA RIDGE OORIF #15201 !_AI iUDE: '946 908342"N, LONG'UDE. 07'4236500"lW AS SHOO,'N HEREON.
COLORADO STATE PLA I. COORDINATE SYSTEM, CENTRAL ZONE, NORTH AUERiCAN DAIL1i! 1983 (NAD83), ALL.
BEARING`' TOWN WN HER OIN RE RELATIVE iE ETO.
5 ANY PERSON WHO K^J(JWINI-,LY REIMI V.S. ALTERS OR DEFACES .ANY PUBLIC, LAND SURVEY MONUMENT AND,/OR
BOUNDARY Mi,NNIvIE NT OR ACCESSORY, CUM V S A CLASS TWO (2) MISDEMEANOR N`iR URSUAN TO STATE STATUTE.
r -
�...R.S_ SEC 18 ,T �Ut�. WHOEVER V- JEn ! rGLL. r E. _� I_,G�S, DEFACES, CHANCES, „t? REMOVES TO ANOTHER PLACE ,ANY
SECTION CORNFR UAI FR _`E Gn 'CORNER, OR MEANDER POST, ON ANY GOVERNMENT LINE OF SURVEY, OR
WILLFULLY DJTS DOWN ANY WTNfSS TREE OR ANY TREE BLAME) TO MARK THE
NE OF A GOVERNMENT SURVEY,
OR WII ET j Y DFFACFS,CHANGES, ORR! T, iV S ANY MONUMENT OR BENCHMARK OF ANY GOVERNMENT SURVEY,
SHALL BE. FINED Ut'L. ,E THIS FILE OR IMIPRISONrD NOT MORE THAiN SIX MONTHS, OR BOTH, 18 UT S.C. S IS%
6. PER COLORADO RFM9ED _,TCS SEC. 38-51-106 (L), ILL LINEAL UNITS 'E PC `D ON THIS ADMMS RA!IVE
SUBDIVISION PLAT ARE j.5. SURVEY FEET. ONE METER EQUAnS 39.31 DIb17,_.I? BY 12 TICS. SURVEY FEE`: ACCORDING
TC': THE NA. ICS AL INSTITUTE OF STANDARDS AND TECHHIOLOtGY,
7 'COOL INFORMATION:
SuE, t_4 N PROPERTY IS LOCATED IN ZONE k UNSHADED, _`LG, AREAS DETERMINED TO
;ZONE
BE
OUTSIDE THE 0V% ANNUAL C-vvCE rLADPhn. AND/OR ZO E DAREAS IN -ICH FLOOD HAZARDS
ARE
UNCE R...NE� R T -POSSIBLE, ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP. 4OMMUNi Y_.PANEL NO.
085079-0194 F, DATED CEb7JAPY 52016THE MAP DOES NOT DFFER NT:ATE BLTWEE14 ZONE X UNSHADED
AND
ZONE D FLOOD INFORMATION IC SUBJECT TU CHANGE.
8. DATES OF Ir_uJtLiRE.: 0.1O9t'c 'i, 2009 ,FS[ wA X09--50378). UPDATE.; AUGUST 22, 2016 (CREW _LIEF:
FENDIC'K
9. THE 'WORD ;CTP :F" AL SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING
H FACTS ONHTC, SURVEY AND DOES NOT CONSTITUTE A 'WARRANTY" OR GUARANTEE, EXPRESSED OR IMPUED-
'J THE TOTAL AREA O !HE SUBJECT PROPERTY IS 76,755 SQ FT, OR 1.7620 ACRES MORE OR LESS AREA AS
SHOWN HEREON IS A RESIULTANF FACTOR, NOT A DETERMINATIVE FACTOR, AND MAY CHANGE SIGNIFICANTLY WITH
LING'ARATIONSIN LD `�fc�SUREMEN:S OR SOFT ARE USED TO PERFORM THE CALCULATIONS. FOR THIS
REASON. HE= AREA .-. SHOWN AS A "MORE OR L1 SS" I IGUITO AND IS NOT 10 BE REOED UPON AS AN ACCURATE
FACTOR FOR REAL TA - SALES PURPOSES.
S
THE OWNER,
-'1S SUCCESSORS
AND
ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES `r ACCESS AND PD
MOVEMENT
THROUGH THOSE
AREAS
INDICATED AS
"CROSS ACCESS EASEMENTS ° AS a UJSTRA TE UPON
'EE
71i A-1
SUCH, GRAN,-
OF EASEMENT
SHALL
BE LIMITF-v O
-D .HIS
THE OWNERS, TENANT , CUSTOMERS. AND GUESTS CT FH�rr
,WN._R
AND SHAD
FURTHERMORE ACCESS
TO AND FREE
MOVEMENT THROUGH SAID EASEMENT',',, ^j TINOSE FNRIN;
rc r,_.
EASEMENTS
FROM SIMILARLY
RECORDED EASFMEN,
FROM ADJACENT PROPERTIES AND/OR FROM F`BUrIINC PURL."
STREETS.
Standard Easements
EN -FOOT (101 OE EASEMENT' ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PJH IC STREETS
AND FRONT AND REAR PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. FIVE (5WDC r:ASEMENITS Ah FIREHY
GRANTED ON PRIVATE PROPERTY ADjACENl TO All PROPERTY LINES OF LOT 2 IN TIH ;UBDIVISION. THESE F ,S! M,_NTS
ARE DEDICATED FOR THE NSTALLAPON, MAINTENANCE, AND REPLACEMENT OF FEECTRTC., CAS, TELEVISION CCABI_L,
DRAINAGE AND TELECOMMUNICATIONS FACIUDIES. U HL"ITS SHALT_ ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS
AND PRIVATE STREETS IN THE SUBDIVISION PERMANENT STRUCTURES AND WATER MEARS SPA;. '+,0: BE r-'= RI !T ,_J
nilTHll`J SAID UTILITY EASEMENTS.
11. THE SUBJECT PROPERTY IS ZONED R--1, RESIDENTIAL -ONE US:RICT PER. CITY OF WHEA., RIDGE, AS REST ARCH':FD
ON AUGUST 24, 2016. THE RESTRICTIONS ARE „ _LL^,WS:
FRONT SETBACK: 30 FEET SIDE SETBACK, 15 FEET REAR, SETBACK: 15 FEET
MAXIMUM BUILDING HEIGHT: 30 FEET
MAXIMUM BUILDING COVERAGE 25%
MINIMUM LOT AREA 12,500 SQ. FT.
EP NIMUM LOT WIDTH: 100 FEET
12. THE FOLLOWING DCCIJMEN S ARE MENTIONED :N THE ABOVE REFERENCED -11-ILE DOCUMENT AND ARE SHOWN
GRAPHICALLY HEREON THE FC I_OWNG UST CONTAINS THE TITLE" COMMill'VEN. EXCEPTION NUMBER, DAIF RECORDED,
,_,
RECEPTION NUMBER: ANC/OR BOOK AND PAGE.
#12 iNOV. 20, 1963 BOOK 2065, PAGE 652 MOUNTAINS STATES TELEPHONE &
TELEGRAPH COMPANY EASEMENT
pr15 DEC.21 1962 BOOK 1551 PAGE E 296 INGRESS -EGRESS EA EI'VEN:T
13. THE FOLLOWING 1DOC:UME."STS ARE 1AE44TIONED IN THE ABOVE REFERENCED T1T_.E DOCUMENT AND APPEAL', 10
" ,
-;r
AFFECT
THE SUBJECT PROPER v 3JI ^��N0� �� 4rCNN GRAPHICALLY. TIFE FOL_O,NA L;c, CONTAINS H.-
COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE.
98 SEPT. 26, 2013 RE"'. NO. 201:5117987 DEED OF -TRUST
X19 AUG. 2t 2015 REC. NO. 2015089250 DEED OR TRUST
#10 MAY 16 1880 BOOK % ,PAGE 263 CHANGES DUE TO RELOCATION OR MOVEMENT Of DiTCi
#11 JA.N, 21, 1897 BOOK 93, PAGE 590 DITCH RIGHTS OF WILY
X113 OCT07, 1971 BOOK 2305PAGE B95 CONSOLIDATION O, �E DISTRICTS
(BLANKET 1l._1ENT)
n.yJAN. 17 2002 REDNO. F13399957 DUAL WATER C1oPLTAGREEMENT
14. THE FOLLOWING DOCUMENTS .ARE: MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE ILLEGIBLE GIBLE. THE
r_
0LLOWINIG UST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER
AND/OR BOOK AND PAGE.
101 FEB. 20, 1940 BOOK 410, PAGE 47' DITCH RIGHTS OF WAY
15. 'NOS/;NGS STATEMENT OF ACCURACY: THi- GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED
FROM NAD83 HARN STATE PLANE COLORADO CENTRAL FIPS0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL
ACCURACY CLASSIFICATION OF 0107 U.S_ SURVEY FEET AT THE 95% CONFIDENCE LEVEL, ,AS DEFINED IN ,NE
DOSP .1 POSITIONING STAN RDS FE GEODETIC �, G_r�A� ,1_ vUA;u� OF ''-H; FEDERAL ,Evvt'IG CCE,+RCI_ SJBC':,P`AE,d1. IES (E -GDC STD :'L2 -19g8),
16. COORDINATES SHOWN HEREON ARE CONSISTENT WITH THE CURRENT C,TY OF WHEAT RIDGE DATUM, BEING ;ROUND
MODIFIED _AGS3 STATE ''LANE COORDINATES, r,CrLC;.AD;r CENTRAL ZCNE 0502r 'vr1 NAt;d88 VERTICAL vA1.!J. ALL
COORDINATE INFORMATION ATION IS DERIVED FROM PUBLISHED CITY OF WHEAT RIDGE POINT PHAC-...I INFORM HOFbI, WITH, A
COMBINED SCALE FACTOR OF 0.99974780::00, AND WITH NAD83 STATE PLANE GRID COORDINATES AS FOLLOWS:
N1:1701258.75, E:311,8217.58, ELEVATION: 5,471,62',
17, THE LEE, STEWART FIND E 'K NS I RRIGAL'ON DITCH APPEARS TO RUN ALONG HE SOUTHERLY PROPERTY Hf'1"HE
DITCH COMPANY WILL HAVE CERTAIN PRESCR FEVE RIGHTS ALONG THE DITCH FOR MAINTENANCE PJRPOSE:S. DITCH
COULD N07 BE ACCURA`LY .00ATED AND THEREFOR S NOT SHOWN ON THIS PLAT,
11 THE INGRESS --EGRESS EA VENJT RECORDED IN BOOK 1551 PAGE 296 DOES NOT CORRESPOND WITH ACTIJAi_
OBSERVED ACCESS ACRObb THE PARKING LOT TO ;HE NORTH,
19. THE PURPOSE OF THIS PLAT IS TO REDRAYV THE LINES BETWEEN LOTS 1 AND 2 OF GLAVAN SUBDIVISION.
-Surveyor's Certificate
JOHN B `2 LUTON, ALANE) SURVEYOR LICENSED IN THE
STATE OF
I I
COLORADO, HEREBY STA
TE FOP AND
ON
BEHALF OF
A IRO � NTrMC�LA✓AN, THAT TE SURVEYILv OF THE BOUNDARY OF 12150 W. 38TH SUBDIVISION WAS
ONDUC ED SY ME OR UNDER MY RI=SPONSIBLF CHARGE ON AUC,U`T 22, 2016, AND, TO TIRE BEST OF MY KNOWLEDGE,
INFORMATION ,AND BE EF , IN ACCORDANCE WITH /ALL APPLICABLE COLORADO STATUTE, CURRENT REVISED EU_ I(ON AS
AMENDED, TETE ACCOMPANYING PLAT .A000RA:TEL`' REPRESENTS SAID SUR'VEY-
JOHN B. GUYTON C0ORADO P.L.S. ,4616406
CHAIRMAN & CEO, FLATIRONS, INC.
00'._`.'
SJC3 NUMBER:
16 6715 -17
DATE:M
09 2 2^1
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SJC3 NUMBER:
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SHEET 1 OF 2
-NORTH QUARTER CORNER OF
S[r iON 29. IJw-rSni" ;JUTT,
RANGE 59 WEST OF THE 6 -i F, V
FOUND 1/0 BRASS CAP ON
ALUMINUM, PIPE STAMPED Tl^,E
WNF47 R .)GE SURVL t
13 DS R69'N >20 S29 TE4
PER MONUNIEN - RECORD
SEPTI A6 -R iD '9N4
C11 J HrA' RIDGE
I
N�^: . •
N:
P 10256287
LATITUDE: 39 4o v8 030 N
LONGITUDE:
ELr v - T D: 5,489.84 �
/q� _.) /Jy j•� ��'IT ' � � 7i 1 /7 !y J 7.} i l !'�; /t ' _ i _., J _ _j
LJ- P �A1.LCE'L O I ,j j) f -i � 91 THE
p' _�ri1 T.A ._.i •e .T�ILI ._-, SEC
f- T YI-t.- _
1.,� .. _i �_L_; t if 11-�� 1 .� _�.%.i a QUARTER �I `{ ;�``.;. J �: i �! / �.�: '29, `T �Fl T�; � r �... � �� � r I � �
T '1 -Y fZ f i
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.�1,�1'it la")� r c_ a �. ry I r�' � j � 4' _- t �.�. f_> „_�- r' � (-`)--rT t F_; -r -,�J ✓,_f J -f :.1.
V f� y y� fj i�, f i jj� !j[ Y O JA;' A-l.�'?.'£. 1,72^0 � ]� ^� ATE` -, ,-�,-�. _ _� ,-1 n
lA_,. / L i i_EJ � -3. l � lY' " f Y. RIDGE, �.2�'� � t_i 1 Y A- 3' i✓ 1` f *� tgll �} � / J {/�j (}�� / j p -
• l +✓� 1 �.�1' ��3 {JJ., �—i %-J-� _!1_ LiJ i. t v i�� 1 1 i � L �f 1 l.� i.� l.J ll l L.Li. i1 (.%
- _
Qr � % \
BASIS OF BEARINGS
NOR'rHl LINE OF THE NCRITiEAST QUARTER OF
SECTION 29
N892234 E 2667.4.6 (AI,)
�uF -
`a'°r
P Qrr.E•"
-FOUND 1.25' ORANGE� Q:•�
PLASTIC CAP STAMPED N7F 3�,1°F 1"5:4.52 '.-T -
"TERRY ENGRG LS
10102" ON #5 REBAR
CENTER ]U R.ER CORNER OF SEC"ON
29 TOWNSHIP ; SOUTH, RANGE 69
WES OF THE 6TH P M
FOUND 3 1/ BRASS CAP S 1MFFD
'CITY OF WEA, RIDE _S 11212 C
%1 SEC 29 T3S R69N RESE' 1099
IC8 N RANGE E^X PER M`jq,'Um_.NT
.EC -ORD DATED MAY 5 2006
CTT OF WHEAT RDGr POINT 016109
03025.94
10259&00
ELEVATION 5,466.30'
ZONE R-1
I \
POUND 15" ALUMINUM CAP
S. AIAPrD "FLAFIRONS SURV
16406 ON #3 REB.AR
N. 704905.84
F: 103139.72
ZONE R--1
N
M
- -u" EIGHT JF 11 KESS
AND EGRESS PER
BOOK 1551 PACE 29-
S89.13'26"W 140.00'
i
- UTILIly EJnS[_I,tFPT
-ic R[Cf CREA."EV
BY THIS IN Q
,
DTI5 1-J1' T. 4SLMIE F
_t
-E AE PRE"AfOUSLY PLATTED ON!
< GiAVAN SJ[ L N S,:!J Uf PEryY
BY THIS PLAT
CI 2
2C2DO SG'. 'T.
( v ACRES
I
VORF OR LESS
w? ZONE R-1
'KIS N(- OB INE AS
5R dtGl r" N P,.AITED ON
_ r AJAG SL'8D-V'SION HEREBY
REMOVED PY THIS PLAT
IS UnU Y IA; i aF
FOUND 1.5' ALUMINUM CAP— I LrFREBY CPEAJED By '7
S'AMPED 'F A PPONS S IRV _ H'3 PL r f t
16406"ON y5 r,E`?Aft
N: 704684.26
E: 103142.51 1-�
5`
1 +40.3
!- — -
` �V I
C N 0UNTAlN STATES
r H E $TELEGRAPH
^MPANr EASEMENT PER
BOOK 2055, PAGE 652
„ ;_VAiN
i
I1
�I
70 Of R41A
ZONE R-.
: I
'i
�Ii
i
11
I ';NE R -1F.
5.0'
N89'OV25"E 345.43'
GO
r LINE HEREBY
EATED BY THIS PLAT
UNPLATTED
R a NO, 200019350
° 1 i'EASEMENT
HER;ir v CREATED
ATE
By HIS ;1..AT
_il 1
51,555 SO rF, OR 1.18
ACRES MORE OR '_ESS
ZONE i
f'-OUND 1.25• ORANGE-�
T''ICAP STAMPED -
n1_S ;2MV 2'4E" ON �5 REBAR
i
i
e' s j ZONE R I,A
ul 1-
� � r
v
z
FOUND BEN' 0 5,
SQUARE RCD
i
FN
lJ
z � ,
I
knOUNT1UN STATES --mo!
ELEPH NE & 1ELFGRAPH
COMPANY f.ASEMENT X I
BICJb 2065, PAGE 652 '
C REMAIN
i
1 ,
i
r1 T Of OMMENC ME ,T -
1 1 1 1
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City of
�W heat P dge
MUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
February 13, 2018
Michael Glavan
12250 W. 38th Avenue
Wheat Ridge, CO 80033
Dear Mr. Glavan:
7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your second submittal of a lot line adjustment plat for property located at
12250 W. 38`h Avenue.
The application has been reviewed and the following are comments regarding this submittal.
PLAT DOCUMENT
Sheet One
1. In note 11, modify the frontyard setback requirement to 30'.
Sheet Two
No changes.
OTHER
Fees in lieu of parkland dedication in the amount of $2497.29 for the new residential lot will be
required at the time of plat recording. If this fee has already been paid, please disregard this
note.
Attached are referrals received from other city departments and outside agencies regarding the plat
document.
Northwest Lakewood Sanitation District. See attached comments from Bill Willis dated January 17,
2018.
Wheat Ridge Public Works: See attached letter from Dave Brossman dated February 13, 2018.
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" blackline mylar
with original signatures for recording. Recording fees in the amount of $23 are required at the mylar
submittal.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848.
wwwxi.wheatridge.co.us
Sincerely,
Meredith Reckert, AICP
Senior Planner
MARTIN/MARTIN
CONSULTING ENGINEERS
January 17, 2018
Meredith Reckert
Community Development
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Email: mreckert@ci.wheatridge.co.us
Re: NWLSD —12250 W. 38th Ave. — Sanitary Service Availability
Martin/Martin, Inc Project No.: 15700.C.01
Dear Ms. Reckert,
On behalf of the Northwest Lakewood Sanitation District (NWLSD), Martin/Martin Inc., acting as the District's
Consulting Engineer, offers the following in response to the request received January 16, 2018 concerning a lot line
adjustment plat at 12250 W. 38th Avenue. The Northwest Lakewood Sanitation District can provide sanitary sewer
service and has no issues with the proposed lot line adjustment given that the following conditions are met.
The subject lot'at the address referenced above is not within the boundary and service area of the Northwest
Lakewood Sanitation District. For the property to be serviced by the District, the property must apply to be included in
the District. Attached is an excerpt from the District's Rules and Regulations stating the process for inclusion.
Treatment of sewage generated within the Northwest Lakewood Sanitation District is provided by the Metro
Wastewater Reclamation District (Metro).
Existing Sanitary Sewer
Northwest Lakewood Sanitation District has the following sanitary sewer mains in the vicinity of the proposed
property:
• 8 -inch mainline running north to south, south of the referenced property within Urban Court.
It appears the property may be serviced by gravity flow; however, the homeowner/developer is responsible for
determining existing depths and horizontal locations of the existing sanitary sewer main to verify if gravity flow is
feasible or if a private individual sewage ejector (lift station) is required. A mainline extension with appropriate
easement(s) may be required to have a main connection point 10 feet inside of the property. The issuance of a sewer
tap permit by the District does not in any way guarantee that the property can be served by gravity flow.
Costs
All costs involved are to be deposited in advance—tap fees, observation, inclusion and inspections — are the
responsibility of the Owner/Developer at the then current rate fee structure. Martin/Martin Inc. would also like to
obtain a site plan when it becomes available. A minimum 72 -hour notice prior to construction is required following
District receipt of all fees. These fee amounts can be paid directly to the District Office prior to connection, payable to
Northwest Lakewood Sanitation District, which also collects Metro Wastewater's "connection fees".
Any questions regarding this document, please contact us at (303) 431-6100.
Sincerely, I
Bill Willis, PE
MARTIN/MARTIN, INC.
12499 WEST COLFAX AVENUE
LAKEWOOD, COLORADO 80215
MAIN 303.431.6100
MARTIN MARTIN.COM
NWLSD —12250 W. 38th Ave. — Sanitary Service Availability
January 17, 2018
Cc: AJ Beckman — SDMSI, Inc.
Tim Flynn —Collins, Cockrel, Cole
Page 212
City Of
W heat R�ijge
PUBLIC WORKS
Memorandum
TO: Meredith Reckert, Senior Planner
FROM: Dave Brossman, Development Review Engineer
DATE: February 13, 2018
SUBJECT: LLA-18-01/Glavan - 12250 W. 38 h Avenue
I have completed my second review for the request of the lot line adjustment plat of the
Glavan Subdivision located at 12250 W. 38`' Avenue resubmitted on February 13, 2018,
and I have the following comments:
All previous comments have been addressed; Public Works finds the plat to be
approved for Mylar®.
Glavan LLA_12250 W38th Ave_Review-2.approval.doex
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♦ � A A
City of
�Wheat lZ dge
COMMUNiTy DEVELOPMENT
City of Wheat Ridge Municipal Building
January 26, 2018
Michael Glavan
12250 W. 38�h Avenue
Wheat Ridge, CO 80033
Dear Mr. Glavan:
7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to an application filed for approval of a lot line adjustment plat for property
located at 12250 W. 381h Avenue.
The application has been reviewed and the following are comments regarding the first submittal.
PLAT DOCUMENT
Sheet One
1. In the Owner's Certificate, the title of the document should match the plat name
2. Add addresses for those signing.
3. Remove the language below the City Certification block.
4. Modify the Mayor's name to be current.
5. Add LLA -18-01 to the Case History Box.
6. Modify the frontyard setback requirements to 30'.
7. Add an explanation of amendment.
8. The language at the bottom of the Surveyor's Certificate is illegible.
9. Change the document name in the title block.
Sheet Two
No changes.
OTHER
1. Fees in lieu of parkland dedication in the amount of $2497.29 for the new residential lot will be
required at the time of plat recording.
Attached are referrals received from other city departments and outside agencies regarding the plat
document.
Consolidated Mutual Water District. See attached correspondence from Andy Rogers dated January 23,
2018.
Jefferson County Public Health: See attached correspondence from Tracy Volkman dated January 18,
2018.
West Metro Fire Protection District. See attached email from Bruce Kral dated January 17, 208
www.d.wheatridge.co.us
Wheat Ridge Public Works: See attached letter from Dave Brossman dated January 25, 2018.
Xcel Energy: See attached correspondence from Donna George dated January 23, 2018.
This concludes the summary of comments. Please address each of these comments by revising the
drawings accordingly. Once the changes have been made, please submit one 24" x 36" hard copy of the
plat document and an electronic copy with a PDF document and an AutoCAD dwg (2010 or older)
including all external reference and shx files, etc.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
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CCCONSOLIDATED
mutual water
January 23, 2018
City of Wheat Ridge
Community Development
Ms. Meredith Reckert
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Re: Case Number LLA -18-01, G/avan Referral
3557 Urban Court & 12250 W. 38t" Avenue
Dear Ms. Reckert:
This letter will acknowledge receipt of your email on January 16, 2018 regarding the
above referenced property.
Please be advised that the above referenced property is in an area served by The
Consolidated Mutual Water Company (Company). Domestic water service may be
provided to this property subject to compliance with the Company's rules, regulations
and requirements for such service.
Due to the limited access available to the proposed lot 2 and the space constraints
involved with placement of the new water service and meter pit, the Company requests
a copy of the cross access and utility easement referenced on the drawing as well as a
service line/meter plan for review and approval.
The Company requires that a new application for water service be completed by the
owner and returned to the Company. The Application for Water Tap is available on our
website at www.cmwc.net under Construction & Resources and Tap Sales Policies &
Processes. Once the easement and service line/meter plan is reviewed and the
application received, a quote will be provided as well as details on the payment process.
Ms. Meredith Reckert
January 23, 2018
Page Two
If you should have any questions or comments regarding this correspondence, please
contact Kim Medina, Tap Administrator, at 303/238-0451.
Sincerely,
Andy Rogers
Vice President of Engineering and Distribution
cc: John Boyle, CMWCo President
Rajeev Jerath, CMWCo Assistant Secretary/Treasurer
Adam Queen, CMWCo Consumer Service/Meter Operations Manager
Kim Medina, CMWCo Tap Administrator
Site Vicinity Map
1�
J E F F E P S 1111*6"'N
COUNTY COLORADO
Public Health
1iTd►N rk
TO: Meredith Reckert
Wheat Ridge Community Development
FROM: Tracy Volkman
Jefferson County Environmental Health Services Division
DATE: January 18, 2018
SUBJECT: Case #LLA -1 8-01 -Glavan
12250 W 38' Ave
Public Health
Executive Director Dr. Mark Johnson
303.232.63011 jeffco.us
pub1ic_hea1th_info@jeffco.us
Jefferson County Public Health (JCPH) has no objection to the proposed lot line adjustment if public
water and sewer is available to the vacant property. If development is proposed to utilize a septic
system (onsite wastewater treatment system) then a Board of Health variance and a letter from the
sanitation District would be required. See section below for specifics.
PROPOSAL SUMMARY
Lot line adjustment (LLA) plat for property located at 12250 W 38th Ave
COMMENTS
JCPH has reviewed the documents submitted by the applicant for lot line adjustment plat.
JCPH recommends that the applicant contact the Colorado Department of Public Health and
Environment and take the following actions prior to a ruling on the proposed LLA. NOTE: Items
marked with a "✓" indicate that the document has been submitted or action has been taken. Please
read entire document for requirements and information. Please note additional documentation
may be required by the State Agency.
RECOMMENDATIONS
✓
Date Reviewed
Required Documentation/Actions
Refer to Sections
The Water and Sanitation Districts should
provide will serve letters stating that public
water and sanitary services are available for
Water/Wastewater
the proposed development on the vacant lot.
WATER/WASTEWATER
The applicant should submit letters from the Water and Sanitation Districts to verify that public water
and sewer is available to the vacant lot.
PLEASE NOTE: The vacant lot would not meet the minimum lot size of one (1) acre to be developed
with a well and septic system (onsite wastewater treatment system (OWTS)) or with public water and
an OWTS. If the applicant proposed one of these options, a variance must be obtained from the
Jefferson County Board of Health and approval must be obtained. The onsite wastewater treatment
system may be required to be upgraded with higher level treatment. The applicant would need to
submit an application including the engineered design of the sewage disposal system to Jefferson
J E F F E R S N Public Health
,� � Executive Director Dr. Mark Johnson
COUNTY COLORADO 303.232.6301 1 jeffco.us
public_health_info@jeffco.us
1111h1ir. 14(� 1ith
County Environmental Health Services by the first working day of any month to be scheduled for a
hearing at the next Board of Health meeting. There is no guarantee that such a request would be
granted. Jefferson County Public Health would issue the actual OWTS construction permit. Contact Jon
Vickery at jvickery@jeffco.us or at 303.271.5764 for more information about this process.
In addition to the Board of Health approval, a letter from the sanitation District stating that an OWTS
would be allowed would be required.
RADON
It is highly recommended that a radon mitigation system be installed in the future single family dwelling
in accordance with the International Residential Code.
Meredith Reckert
From: Kral, Bruce <BKral @westmetrofire.org>
Sent: Wednesday, January 17, 2018 12:36 PM
To: Meredith Reckert
Subject: RE: Land Use Referral - Glavan
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Meredith,
No comments from West Metro Fire on this one.
Bruce Kral, CFO
Fire Marshal
West Metro Fire Protection District
433 South Allison Parkway
Lakewood, CO 80226
(303)989-4307 ext. 513
bkral@westmetrofire.org
Fire is
Everyone's
Fight -
From: Meredith Reckert [maiIto:mreckert@ci.wheatridge.co.us]
Sent: Tuesday, January 16, 2018 2:52 PM
To: Kral, Bruce
Subject: Land Use Referral - Glavan
Dear Bruce,
Attached is the Dropbox link for the referral sent previously regarding a Lot line Adjustment Plat at 12250 W. 39th Avenue.
https://www.dropbox.com/sh/Osa55i9lpkts 187/AAABY--34co2xYZj B63 JFotea?d1=0
Comments are due by January 29, 2018; no response from you will constitute having no objections or concerns. Feel free
to be in touch with any additional questions.
Thank you,
Meredith
Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader can be downloaded
here: http.//get.adobe.com/reader/
Meredith Reckert, AICP
Senior Planner
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2848
Fax: 303-234-2857
www.ci.wheatridcle.co.us
� 1 � C it)r c)t
`� YY heat1C
C_{),X{n,1{1-411I ' DFV1It)P.NifNl ge
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
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**** WARNING: This email originated outside of Westmetrofire.org. DO NOT CLICK links or attachments
unless you recognize the sender and know the content is safe. ****
City of
Wheat idge
PUBLIC WORKS
Memorandum
TO: Meredith Reckert, Senior Planner
FROM: Dave Brossman, Development Review Engineer
DATE: January 25, 2018
SUBJECT: LLA-18-01/Glavan - 12250 W. 3811 Avenue
I have completed my first review for the request of the lot line adjustment plat of the
Glavan Subdivision located at 12250 W. 381i Avenue resubmitted on January 16, 2018, and
I have the following comments:
Sheet 1:
Modify the title to read "GLAVAN LLA".
Modify the subtitle to read, "A LOT LINE ADJUSTMENT PLAT OF GLAVAN
SUBDIVISION".
Revise Mayor signature block — Joyce Jay is no longer the mayor, Bud Starker is.
Sheet 2:
1. The existing lot line needs to be shown and notation added stating, "EXISTING
LOT LINE AS PREVIOUSLY PLATTED ON GLAVAN SUBDIVISION
HEREBY REMOVED BY THIS PLAT".
2. The 5' Utility Easement to be removed must be shown and notation stating,
"EXISTING 5' UTILITY EASEMENT AS PREVIOUSLY PLATTED ON
GLAVAN SUBDIVISION HEREBY REMOVED BY THIS PLAT". (Please
refer to the redlined plat).
3. Since the existing 5' Utility Easements are to be removed by this plat, show the
new 5' Utility Easements as "HEREBY CREATED BY THIS PLAT".
Glavan LLA 12250 W38th Ave Review-Ldocx
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XcelEnergysm
PUBLIC SERVICE COMPANY
January 23, 2018
City of Wheat Ridge Community Development
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn: Meredith Reckert
Re: Glavan, Case # LLA -18-01
Right of Way & Permits
1123 West 3'd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571.3284
donna.l.george@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way and Permits Referral Desk
reviewed the lot line adjustment for Glavan. As always, thank you for the opportunity to
take part in the review process. To ensure that adequate utility easements are available
within this development and per state statutes, Public Service Company requests that a
minimum 10 -foot wide dry utility easement is dedicated on private property along the
southerly property line of Lot 1 to match up with the 10 -foot wide utility easement being
dedicated in Lot 2.
Please be aware PSCo owns and operates existing electric distribution facilities within
the subject property. The property owner/developer/contractor must complete the
application process for any new natural gas or electric service, or modification to
existing facilities via FastApp-Fax-Email-USPS (go to:
https://www.xcelenergy.com/start, stop, transfer/new construction service activation
for builders). 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 for utility locates prior to construction.
If you have any questions about this referral response, please contact me at (303) 571-
3306.
Donna George
Contract Right -of -Way Referral Processor
Public Service Company of Colorado
City of
W heat R,�Oge
COMMUNITY DEVELOPMENT
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date: January 16, 2018 Response Due: January 29, 2018
The Wheat Ridge Community Development Department has received a request for approval of
a lot line adjustment plat on property zoned Residential -One (R-1) located at 12250 W. 38th
Avenue.
Case No.: LLA-18-01/Glavan
Request: The applicant is requested approval of a lot line adjustment plat. The property
was subdivided into two parcels via Case No. WS -16-06 tiled Glavan Subdivision. The
property owner now wants to adjust one of the interior lot lines to accommodate a ranch -style
home. The total size of the property is 1.76 acres. An existing single family home on the
property will remain.
Shifting the property line as proposed will increase the size of Lot 2 from 19,800 square feet to
25, 200 square feet. Likewise, Lot 1 will be reduced in size to 51,555 square feet.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations.
No response from you will constitute having no objections or concerns regarding this proposal.
If you need further clarification, contact the case manager.
Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857
Email: mreckert@ci.wheatridge.co.us
Distribution
Consolidated Mutual Water Wheat Ridge Public Works
Northwest Lakewood Sanitation Wheat Ridge Police
West Metro Fire Protection District Wheat Ridge Building Division
CenturyLink
"The Carnation City"
Xcel Energy
Vicinity map
"The Carnation City"
cmTwes Certificate
WE, MICHAEL S. GLAVAN& KAREN, GLAVAN, BEING THE OWNERS, OF REAL
PROPERTY CONTAINING 1.7620 ACRES DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 29 TO BEAR NORTH 89'2Ht'3e EAST, A DISTANCE OF 2,667.46
FEET BETWEEN A FOUND 3 1/4' BRASS CAP ON ALUMINUM PIPE STAMPED
'CITY OF WHEAT RIDGE SURVEY MONUMENT LS 13212 TSS R69W 520 529
1984' IN RANGE BOX AT THE -NORTH QUARTER CORNER OF SAID SECTION
29 AND A FOUND 3 1/4' BRASS CAP STAMPED 'CITY OF WHEAT RIDGE LS
13212 20 21 29 28* IN RANGE BOX AT THE NORTHEAST CORNER OF SAID
SECTION 29, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE
SOUTH 65'38'57' WEST, A DISTANCE OF 1915.51 FEET TO A POINT ON THE
WESTERLY UNE OF LOT 12, APPLEWOOD VISTA, BEING THE TRUE POINT OF
BEGINNING; THENCE FOLLOWING ALONG SAID WESTERLY UNE OF LOTS 12
AND 11, APPLEWOOD VISTA, SOUTH OO'41'38' EAST, A DISTANCE OF 222.82
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 11, APPLEWOOD VISTA;
THENCE ALONG THE NORTH UNE OF A PORTION OF FITTS-ADDITION AND
FITES SUBDIVISION SOUTH 89'13'26' WEST, A DISTANCE OF 345.39 FEET TO
THE NORTHEASTERLY CORNER OF SAID FITTS SUBDIVISION; THENCE ALONG
THE EASTERLY ONE OF LOT 3, FRDG FARM MINORSUBDIVISION AMENDMENT
NO. 1 NORTH 00'42'13' WEST, A DISTANCE OF 221.61 FEET TO THE
SOUTHEASTERLY CORNER OF THAT UNPLATTED PROPERTY DESCRIBED AT
RECEPTION NO. F1262804; THENCE ALONG THE SOUTHERLY ONE OF SAID
UNPLATTED PROPERTY NORTH 89101'25' EAST, A DISTANCE OF 345.43 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING
76,754 SQUARE FEET OR 1.7620 ACRES, MORE OR LESS.
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE
DRAWING HEREON CONTAINED UNDER THE NAME AND SME OF GLAVAN
SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE,
COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT
RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED
UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION,
MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES THIS
INCLUDES BUT IS NOT UNITED TO TELEPHONE AND ELECTRIC LINES, GAS
LINES, WATER AND SANITARY SEWER ONES, HYDRANTS, STORM WATER
SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL
APPURTENANCES THERETO.
County Clerk and Recorders Certlflcate
STATE OF COLORADO )
SS
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY
CLERK AND RECORDER OF JEFFER�I.R C�OUNTY AT EN, COLORADO, AT
ILLa_'O'CLOC( AL.M. ON THE - DAY OF
20 A.D. RECEPTION NO.
JEFFERSON COUNTY C K AND RECORDER °.` `✓`!-
BY:
DEPUTY 44a
City CertlficatiprT
APPROVED THIS _2� DAY OFOCbrus 200 BY THE CITY OF
WHEAT RIDGE. J
ACCEPTANCE OF DEDICATED INTERESTS IN REAL PROPERTY
THE. CITY OF WHEAT RIDGE, COLORADO HEREBY ACCEPTS THE DEDICATION AND
CONVEYANCE TO THE CITY OF THOSE LOTS, TRACTS, EASEMENTS, AND OTHER
INTERESTS IN REAL PROPERTY DENOTED ON THIS PLAT AS BEING DEDICATED TO
THE CITY FOR PUBLIC PURPOSES.
ATTEST:
ELLE SHAVER, CITY CLERK
DATE: 7
R C OF C-1, 141 6-LOPME
Sof.
MS-16-Ofi
M
MKM
GLAVAN SUBDIVISION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 1 OF 2
Vicinity Map
SCALE 1'=250'
Notes
1. EMPIRE TITLE NORTH, U.C. COMMITMENT NUMBER 200527. DATED OCTOBER 6. 2016 AT 8:00 A.M., WAS ENTIRELY
RELIED UPON FOR RECORDED INFORMATION REGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES IN THE
PREPARATION OF THIS SURVEY. THE PROPERTY SHOWN AND DESCRIBED HEREON IS ALL OF THE PROPERTY
DESCRIBED IN SAID TITLE COMMITMENT.
2 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION
SHOWN HEREON.
3. THIS SURVEY IS VALID ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR.
4. BASS OF BEARINGS: GPS DERIVED BEARINGS BASED ON A BEARING OF N89'22'34E ALONG THE NORTH LINE OF
THE NORTHEAST QUARTER OF SECTION 29. TOWNSHIP 3 SOUTH, RANGE 69 WEST, BETWEEN A FOUND 3 1/4' BRASS
CAP ON ALUMINUM PIPE STAMPED 'CITY OF WHEAT RIDGE SURVEY MONUMENT LS 18212 T3S R69W 520 S29 1984'
IN RANGE BOX AT THE NORTH QUARTER CORNER OF SECTION 29, BEING CITY OF WHEAT RIDGE POINT #15109,
LATITUDE: 39'46'08. . 1051D8'16.53666'W AND A FOUND 3 7 4' BRASS CAP STAMPED 'CITY OF
90304'N, LONGITUDE. /
WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE NORTHEAST CORNER OF SECTION 29 BEING CITY OF
WHEAT RIDGE POINT /15209, LATITUDE 39'46'09.08342'N, LONGITUDE: 105'07'42.38500'W AS SHOWN HEREON.
COLORADO STATE PLANE COORDINATE SYSTEM._ CENTRAL ZONE, NORTH AMERICAN DATUM 1983 (NAD83). ALL
BEARINGS SHOWN HEREON ARE RELATIVE THERETO.
S. ANY PERSON WHO KNOWINGLY REMOVES ALTERS OR DEFACES ANY PUBUC LAND SURVEY MONUMENT AND/OR
BOUNDARY MONUMENT OR ACCESSORY. COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE
C.R.S. SEC 18-4-508. WHOEVER WILLFULLY DESTROYS, DEFACES, CHANGES, OR REMOVES TO ANOTHER PLACE ANY
SECTION CORNER. QUARTER -SECTION CORNER, OR MEANDER POST, ON ANY GOVERNMENT ONE OF SURVEY, OR
WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE ONE OF A GOVERNMENT SURVEY,
OR WILLFULLY DEFACES. CHANGES. OR REMOVES ANY MONUMENT OR BENCH MARK OF ANY GOVERNMENT SURVEY,
SMALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18 U.S.C. 6 185&
6. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL UNEAL UNITS DEPICTED ON THIS ADMINISTRATIVE
SUBDIVISION PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING
TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. -
7. FLOOD INFORMATION: THE SUBJECT PROPERTY IS LOCATED IN ZONE X UNSHADED, AREAS DETERMINED TO BE
OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AND/OR ZONE D. AREAS IN WHICH FLOOD HAZARDS ARE
UNDETERMINED, BUT POSSIBLE. ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP; COMMUNITY -PANEL NO.
085079-0194 F. DATED FEBRUARY 5, 2014. THE MAP DOES NOT DIFFERENTIATE BETWEEN ZONE X UNSHADED AND
ZONE D. FLOOD INFORMATION IS SUBJECT TO CHANGE.
8. DATES OF FIELDWORK: OCTOBER 1, 2009 (FSI JOB f09-58,378). UPDATED AUGUST 22, 2016 (CREW CHIEF: T.
FENDICK)
9. THE WORD 'CERTIFY AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING
THE FACTS OF THIS SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE. EXPRESSED OR IMPUED.
10. THE TOTAL AREA OF THE SUBJECT. PROPERTY IS 76.755 SO. FT. OR 1.7620 ACRES MORE OR LESS. AREA AS
SHOWN HEREON IS A RESULTANT FACTOR, NOT A DETERMINATIVE FACTOR, AND MAY CHANGE SIGNIFICANTLY WITH
MINOR VARIATIONS IN FIELD MEASUREMENTS OR THE SOFTWARE USED TO PERFORM THE CALCULATIONS. FOR THIS
REASON, THE AREA IS SHOWN AS A 'MORE OR LESS' FIGURE, AND IS NOT TO BE RELIED UPON AS AN ACCURATE
FACTOR FOR REAL ESTATE SALES PURPOSES.
13
Deed of Trust Holder
THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST/MORTGAGE
RECORDED ON 6/21/2015 AT RECEPTION NO. 2015OB9250, OF THE RECORDS OF
THE JOTERSON COUNTY CLERK AND RECORDERS, HEREBY CONSENTS TO THE
WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHTS, TITLE AND INTEREST UNDER
SAID DEED OF TRUST/MORTGAGE TO THE WITHIN PLAT.
SIGNED THIS DAY OF dZAW.6� 20117
LENDER: RPLLqP CREDIT UNION
BY:
Cross Access Easements
THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE
MOVEAENT THROUGH THOSE AREAS INDICATED AS 'CROSS -ACCESS EASEMENTS,' AS ILLUSTRATED UPON THIS PLAT.
SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNER,
AND SHALL FURTHERMORE ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID
EASEMENTS FROM SIMILARLY RECORDED EASEMENT FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC
STREETS.
Standard Easements
TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS
AND FRONT AND REAR PROPERTY ONES OF LOT 2 IN THE SUBDIVISION. FIVE TS') WIDE EASEMENTS ARE HEREBY
GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. THESE EASEMENTS
ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE,
DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTUTIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS
AND PRIVATE STREETS M THE SUBDIVISION: PERMMENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED
WITHIN SAID UTILITY EASEMENTS
11. THE SUBJECT PROPERTY IS ZONED R-1, RESIDENTIAL -ONE DISTRICT, PER CITY OF WHEAT RIDGE, AS RESEARCHED
ON AUGUST 24, 2016. THE RESTRICTIONS ARE AS FOLLOWS:
FRONT SETBACK: 10 FEET SIDE SETBACK: 15 FEET REAR SETBACK: 15 FEET
MAXIMUM BUILDING HEIGHT: 35 FEET
MAXIMUM BUILDING COVERAGE: 25%
MINIMUM LOT AREA: 12,500 SQ. FT.
MINIMUM LOT WIDTH: 100 FEET
12 THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE SHOWN
GRAPHICALLY HEREON. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED,
RECEPTION NUMBER AND/OR BOOK AND PAGE.
/12 NOV. 29, 1963 BOOK 2065, PAGE 652 MOUNTAINS STATES TELEPHONE &
TELEGRAPH COMPANY EASEMENT
/15 DEC. 28, 1962 BOOK 1553, PAGE 296 INGRESS -EGRESS EASEMENT
13. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TIRE DOCUMENT AND APPEAR TO AFFECT
THE SUBJECT PROPERTY BUT CANNOT BE SHOWN GRAPHICALLY. THE FOLLOWING LIST CONTAINS
THE TITLE
COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE:
(8 SEPT. 26, 2013 REC. NO. 2013117987 DEED OF TRUST
B9 AUG. 21, 2015 REC. NO. 2015089250 DEED OR TRUST
/10 MAY 16, 1880 BOOK 9, PAGE 268 CHANGES DUE TO RELOCATION OR MOVEMENT OF DITCH
#11 JAN. 21, 1897 BOOK 93, PAGE 590 DITCH RIGHTS OF WAY
#13 OCT. 07, 1971 BOOK 2305, PAGE 895 CONSOLIDATION OF FIRE DISTRICTS (BLANKET EASEMENT)
/14 JAN. 11, 2002 REC. NO. F13399957 DUAL WATER SUPPLY AGREEMENT
14. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE ILLEGIBLE. THE
FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER. DATE RECORDED, RECEPTION NUMBER
AND/OR BOOK AND PAGE.
#11 FEB. 20, 1940 BOOK 410, PAGE 472 DITCH RIGHTS OF WAY
15. NOS/NGS STATEMENT OF ACCURACY: THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED
FROM NA083 HARN STATE PLANE COLORADO CENTRAL FIPS0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL
ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE
GEOSPATIAL POSITIONING STANDARDS OF THE FEDERAL GEODETIC CCNTRO. SUBCOMMITTEE (FGDC-STD-007.2-1998).
16. COORDINATES SHOWN HEREON ARE CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM. BEING GROUND
MODIFIED NAD83 STATE PLANE COORDINATES, COLORADO CENTRAL ZONE 0502, ON NADV88 VERTICAL DATUM. ALL
COORDINATE INFORMATION IS DERIVED FROM PUBUSHED CITY OF WHEAT RIDGE POINT PHAC-1 INFORMATION, WITH A
COMBINED SCALE FACTOR OF 0.99974780300, AND WITH NAD83 STATE PLANE GRID COORDINATES AS FOLLOWS:
N:1701258.75, E:3118217.58, ELEVATION: 5,471.62'.
17. THE LEE, STEWART AND ESKINS IRRIGATION DITCH APPEARS TO RUN ALONG THE SOUTHERLY PROPERTY ONE. THE
DITCH COMPANY WILL HAVE CERTAIN PRESCRIPTIVE RIGHTS ALONG THE DITCH FOR MAINTENANCE PURPOSES DITCH
COULD NOT BE ACCURATELY LOCATED AND THEREFOR IS NOT SHOWN ON THIS PLAT.
18. THE INGRESS -EGRESS EASEMENT RECORDED IN BOOK 1553, PAGE 296 DOES NOT CORRESPOND WITH ACTUAL
OBSERVED ACCESS ACROSS THE PARKING LOT TO THE NORTH.
Surveyor's Certwicate
I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY STATE FOR AND ON BEHALF OF
FLATIRONS, INC., TO MIKE GLAVAN, THAT THE SURVEY OF THE BOUNDARY OF 12250 W. 38TH SUBDIVISION WAS
CONDUCTED BY ME OR UNDER MY RESPONSIBLE CHARGE ON AUGUST 22, 2016, AND TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. CURRENT REVISED EDITION AS
AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY.
JOHN B. GUYTON COLORADO P.LS. #16406
CHAIRMAN & CEO, FLATIRONS, INC.
Moonnoon�
ffif
STEPHENSON
SHEET 1 OF 2
MICHAE i, VAR
KAREN GLAVAN
STATE OF COLORADO }
)SS
COUNTY OF JEFFERSON )
TH FSIRECONG INS MENT WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF 201L A.D., BY
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES:
TAM4IN OOOFAM ,
1t
NOTARY PUBLIC Novarrow'e� =,
l M00MM--" fA� N'Mfl.l2.]m0
County Clerk and Recorders Certlflcate
STATE OF COLORADO )
SS
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY
CLERK AND RECORDER OF JEFFER�I.R C�OUNTY AT EN, COLORADO, AT
ILLa_'O'CLOC( AL.M. ON THE - DAY OF
20 A.D. RECEPTION NO.
JEFFERSON COUNTY C K AND RECORDER °.` `✓`!-
BY:
DEPUTY 44a
City CertlficatiprT
APPROVED THIS _2� DAY OFOCbrus 200 BY THE CITY OF
WHEAT RIDGE. J
ACCEPTANCE OF DEDICATED INTERESTS IN REAL PROPERTY
THE. CITY OF WHEAT RIDGE, COLORADO HEREBY ACCEPTS THE DEDICATION AND
CONVEYANCE TO THE CITY OF THOSE LOTS, TRACTS, EASEMENTS, AND OTHER
INTERESTS IN REAL PROPERTY DENOTED ON THIS PLAT AS BEING DEDICATED TO
THE CITY FOR PUBLIC PURPOSES.
ATTEST:
ELLE SHAVER, CITY CLERK
DATE: 7
R C OF C-1, 141 6-LOPME
Sof.
MS-16-Ofi
M
MKM
GLAVAN SUBDIVISION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 1 OF 2
Vicinity Map
SCALE 1'=250'
Notes
1. EMPIRE TITLE NORTH, U.C. COMMITMENT NUMBER 200527. DATED OCTOBER 6. 2016 AT 8:00 A.M., WAS ENTIRELY
RELIED UPON FOR RECORDED INFORMATION REGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES IN THE
PREPARATION OF THIS SURVEY. THE PROPERTY SHOWN AND DESCRIBED HEREON IS ALL OF THE PROPERTY
DESCRIBED IN SAID TITLE COMMITMENT.
2 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION
SHOWN HEREON.
3. THIS SURVEY IS VALID ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR.
4. BASS OF BEARINGS: GPS DERIVED BEARINGS BASED ON A BEARING OF N89'22'34E ALONG THE NORTH LINE OF
THE NORTHEAST QUARTER OF SECTION 29. TOWNSHIP 3 SOUTH, RANGE 69 WEST, BETWEEN A FOUND 3 1/4' BRASS
CAP ON ALUMINUM PIPE STAMPED 'CITY OF WHEAT RIDGE SURVEY MONUMENT LS 18212 T3S R69W 520 S29 1984'
IN RANGE BOX AT THE NORTH QUARTER CORNER OF SECTION 29, BEING CITY OF WHEAT RIDGE POINT #15109,
LATITUDE: 39'46'08. . 1051D8'16.53666'W AND A FOUND 3 7 4' BRASS CAP STAMPED 'CITY OF
90304'N, LONGITUDE. /
WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE NORTHEAST CORNER OF SECTION 29 BEING CITY OF
WHEAT RIDGE POINT /15209, LATITUDE 39'46'09.08342'N, LONGITUDE: 105'07'42.38500'W AS SHOWN HEREON.
COLORADO STATE PLANE COORDINATE SYSTEM._ CENTRAL ZONE, NORTH AMERICAN DATUM 1983 (NAD83). ALL
BEARINGS SHOWN HEREON ARE RELATIVE THERETO.
S. ANY PERSON WHO KNOWINGLY REMOVES ALTERS OR DEFACES ANY PUBUC LAND SURVEY MONUMENT AND/OR
BOUNDARY MONUMENT OR ACCESSORY. COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE
C.R.S. SEC 18-4-508. WHOEVER WILLFULLY DESTROYS, DEFACES, CHANGES, OR REMOVES TO ANOTHER PLACE ANY
SECTION CORNER. QUARTER -SECTION CORNER, OR MEANDER POST, ON ANY GOVERNMENT ONE OF SURVEY, OR
WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE ONE OF A GOVERNMENT SURVEY,
OR WILLFULLY DEFACES. CHANGES. OR REMOVES ANY MONUMENT OR BENCH MARK OF ANY GOVERNMENT SURVEY,
SMALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18 U.S.C. 6 185&
6. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL UNEAL UNITS DEPICTED ON THIS ADMINISTRATIVE
SUBDIVISION PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING
TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. -
7. FLOOD INFORMATION: THE SUBJECT PROPERTY IS LOCATED IN ZONE X UNSHADED, AREAS DETERMINED TO BE
OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AND/OR ZONE D. AREAS IN WHICH FLOOD HAZARDS ARE
UNDETERMINED, BUT POSSIBLE. ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP; COMMUNITY -PANEL NO.
085079-0194 F. DATED FEBRUARY 5, 2014. THE MAP DOES NOT DIFFERENTIATE BETWEEN ZONE X UNSHADED AND
ZONE D. FLOOD INFORMATION IS SUBJECT TO CHANGE.
8. DATES OF FIELDWORK: OCTOBER 1, 2009 (FSI JOB f09-58,378). UPDATED AUGUST 22, 2016 (CREW CHIEF: T.
FENDICK)
9. THE WORD 'CERTIFY AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING
THE FACTS OF THIS SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE. EXPRESSED OR IMPUED.
10. THE TOTAL AREA OF THE SUBJECT. PROPERTY IS 76.755 SO. FT. OR 1.7620 ACRES MORE OR LESS. AREA AS
SHOWN HEREON IS A RESULTANT FACTOR, NOT A DETERMINATIVE FACTOR, AND MAY CHANGE SIGNIFICANTLY WITH
MINOR VARIATIONS IN FIELD MEASUREMENTS OR THE SOFTWARE USED TO PERFORM THE CALCULATIONS. FOR THIS
REASON, THE AREA IS SHOWN AS A 'MORE OR LESS' FIGURE, AND IS NOT TO BE RELIED UPON AS AN ACCURATE
FACTOR FOR REAL ESTATE SALES PURPOSES.
13
Deed of Trust Holder
THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST/MORTGAGE
RECORDED ON 6/21/2015 AT RECEPTION NO. 2015OB9250, OF THE RECORDS OF
THE JOTERSON COUNTY CLERK AND RECORDERS, HEREBY CONSENTS TO THE
WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHTS, TITLE AND INTEREST UNDER
SAID DEED OF TRUST/MORTGAGE TO THE WITHIN PLAT.
SIGNED THIS DAY OF dZAW.6� 20117
LENDER: RPLLqP CREDIT UNION
BY:
Cross Access Easements
THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE
MOVEAENT THROUGH THOSE AREAS INDICATED AS 'CROSS -ACCESS EASEMENTS,' AS ILLUSTRATED UPON THIS PLAT.
SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNER,
AND SHALL FURTHERMORE ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID
EASEMENTS FROM SIMILARLY RECORDED EASEMENT FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING PUBLIC
STREETS.
Standard Easements
TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS
AND FRONT AND REAR PROPERTY ONES OF LOT 2 IN THE SUBDIVISION. FIVE TS') WIDE EASEMENTS ARE HEREBY
GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PROPERTY LINES OF LOT 2 IN THE SUBDIVISION. THESE EASEMENTS
ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE,
DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTUTIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS
AND PRIVATE STREETS M THE SUBDIVISION: PERMMENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED
WITHIN SAID UTILITY EASEMENTS
11. THE SUBJECT PROPERTY IS ZONED R-1, RESIDENTIAL -ONE DISTRICT, PER CITY OF WHEAT RIDGE, AS RESEARCHED
ON AUGUST 24, 2016. THE RESTRICTIONS ARE AS FOLLOWS:
FRONT SETBACK: 10 FEET SIDE SETBACK: 15 FEET REAR SETBACK: 15 FEET
MAXIMUM BUILDING HEIGHT: 35 FEET
MAXIMUM BUILDING COVERAGE: 25%
MINIMUM LOT AREA: 12,500 SQ. FT.
MINIMUM LOT WIDTH: 100 FEET
12 THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE SHOWN
GRAPHICALLY HEREON. THE FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER, DATE RECORDED,
RECEPTION NUMBER AND/OR BOOK AND PAGE.
/12 NOV. 29, 1963 BOOK 2065, PAGE 652 MOUNTAINS STATES TELEPHONE &
TELEGRAPH COMPANY EASEMENT
/15 DEC. 28, 1962 BOOK 1553, PAGE 296 INGRESS -EGRESS EASEMENT
13. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TIRE DOCUMENT AND APPEAR TO AFFECT
THE SUBJECT PROPERTY BUT CANNOT BE SHOWN GRAPHICALLY. THE FOLLOWING LIST CONTAINS
THE TITLE
COMMITMENT EXCEPTION NUMBER, DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE:
(8 SEPT. 26, 2013 REC. NO. 2013117987 DEED OF TRUST
B9 AUG. 21, 2015 REC. NO. 2015089250 DEED OR TRUST
/10 MAY 16, 1880 BOOK 9, PAGE 268 CHANGES DUE TO RELOCATION OR MOVEMENT OF DITCH
#11 JAN. 21, 1897 BOOK 93, PAGE 590 DITCH RIGHTS OF WAY
#13 OCT. 07, 1971 BOOK 2305, PAGE 895 CONSOLIDATION OF FIRE DISTRICTS (BLANKET EASEMENT)
/14 JAN. 11, 2002 REC. NO. F13399957 DUAL WATER SUPPLY AGREEMENT
14. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE DOCUMENT AND ARE ILLEGIBLE. THE
FOLLOWING LIST CONTAINS THE TITLE COMMITMENT EXCEPTION NUMBER. DATE RECORDED, RECEPTION NUMBER
AND/OR BOOK AND PAGE.
#11 FEB. 20, 1940 BOOK 410, PAGE 472 DITCH RIGHTS OF WAY
15. NOS/NGS STATEMENT OF ACCURACY: THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED
FROM NA083 HARN STATE PLANE COLORADO CENTRAL FIPS0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL
ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE
GEOSPATIAL POSITIONING STANDARDS OF THE FEDERAL GEODETIC CCNTRO. SUBCOMMITTEE (FGDC-STD-007.2-1998).
16. COORDINATES SHOWN HEREON ARE CONSISTENT WITH THE CURRENT CITY OF WHEAT RIDGE DATUM. BEING GROUND
MODIFIED NAD83 STATE PLANE COORDINATES, COLORADO CENTRAL ZONE 0502, ON NADV88 VERTICAL DATUM. ALL
COORDINATE INFORMATION IS DERIVED FROM PUBUSHED CITY OF WHEAT RIDGE POINT PHAC-1 INFORMATION, WITH A
COMBINED SCALE FACTOR OF 0.99974780300, AND WITH NAD83 STATE PLANE GRID COORDINATES AS FOLLOWS:
N:1701258.75, E:3118217.58, ELEVATION: 5,471.62'.
17. THE LEE, STEWART AND ESKINS IRRIGATION DITCH APPEARS TO RUN ALONG THE SOUTHERLY PROPERTY ONE. THE
DITCH COMPANY WILL HAVE CERTAIN PRESCRIPTIVE RIGHTS ALONG THE DITCH FOR MAINTENANCE PURPOSES DITCH
COULD NOT BE ACCURATELY LOCATED AND THEREFOR IS NOT SHOWN ON THIS PLAT.
18. THE INGRESS -EGRESS EASEMENT RECORDED IN BOOK 1553, PAGE 296 DOES NOT CORRESPOND WITH ACTUAL
OBSERVED ACCESS ACROSS THE PARKING LOT TO THE NORTH.
Surveyor's Certwicate
I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY STATE FOR AND ON BEHALF OF
FLATIRONS, INC., TO MIKE GLAVAN, THAT THE SURVEY OF THE BOUNDARY OF 12250 W. 38TH SUBDIVISION WAS
CONDUCTED BY ME OR UNDER MY RESPONSIBLE CHARGE ON AUGUST 22, 2016, AND TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. CURRENT REVISED EDITION AS
AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY.
JOHN B. GUYTON COLORADO P.LS. #16406
CHAIRMAN & CEO, FLATIRONS, INC.
Moonnoon�
ffif
STEPHENSON
SHEET 1 OF 2
CP fiUn #/7 D,Z(� TP5 �� J
GLAVAN SUBDIVISION `°I'T�`° H.
NORTHEAST CORNER OF
-
NORTH QUARTER LONER OF SECTION Zp, TOWNSHIP 3 SOUP,
SECTION 9 ST OF BP 3 SOUP, RANGE 0 WEST OF THE 8P P.M.
RANGE BB HEST OF THE LSP P.M.
ALUMINUM
3 1/4' BRASS CAP IT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, Fn1Ro 3 EAT INA55 1 STAMPED
ALUMINUM PiS STAMPED 'CITY OF 'QTY OF MEAT RIDGE LS MON ZD ZI
MEAT RIDGE SURVEY MONUMENT IS 2
0 28' N FLANGE BOX PER MONUMENT
13212 135 RSOW S20 S29 1984' TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M. , RECORD DATED MAY s. 2005
PER MONUMENT RECORD GATED CJtt OF *EAT RIDGE PDDR /Is2w
SEPTEMBER 1& 1954 CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO 105701
CITY OF MEAT ROM POINT #15109 E 105270
N:705672.51 LATITTIDE: 39Y83
8.09.0427N
E 10259287 SHEET 2 OF 2 LONGITUDE: 10510T423&700'W
LATITUIE+ 39Y8'0&903OVIN _ ELEVATION: 8.158.90'
N
LONQDE 105'09'1&53688'W
ELEVATION. 5,409.84' �\
- - - - - --
- - - - - - -
- - - - - - - - - -
- — — — BA515 OF 6FJJBN61
NORTH UNE OF THE NORTHEAST QUARTER OF
SECTIa+ 29
N892ZWE 2687.48' (AM)
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PLASTIC AMPED FOUND 1Z5' ORANGE
I TERRY = LS 05
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I m0 m I zDNE 1A FOUND ALIQUOT MONUMENT AS DESCRIBED
LOT 2 I ; g / • FOUND MONUMENT AS DESCRIBED
ZONE R-1
'„ot S n I ZONE LOT11® FOUND BRASS TAG AS DESCRIBED
z (AM) AS MEASURED AT TIME OF SURVEY
FISC, MNOtaFKTED 82004/ (C) CALCULATED FROM RECORD AND AS
yN ZONE R-t MEASURED INFORMATION!
w I (P) AASH R,THE PLAT OF FROG FARM MINOR
FOUNDIMSION
BENT
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0 _ \ (T) AS PER DESCRIPTION IN TITLE DOCUMENT
(SEE NOTE 1)
cn
v I ;mD EGRESS LOT 13
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ry LLI- FOUND 13• ALUMINUM CAP PROPERTY LINE
UJ FOUND IX
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L1 E: 1034115.07\ - - —SECTION LINE
o. K
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'Z W. - - - - EASEMENT PROPOSED/EXISTING
FOUND 1.6' ALUMINUM CAP
Cl STAMPED 'FLATIRONS SURV
16408' ONFS RFBAR a LOT 12
D.. N: 04905A4 ZONE R-1A
w U„ C 103139.72 S89'13'26W 105.00'
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STAMPEDFIA71FOUND 1.IF ALUMINUM CAP HEREBY DEDICAim BYDEdCATEO BY PLS PUT X- 7046 O IS 18108'
STAMPED-FLATRO NS SURV TMS PLAT d 4,.25' IE ,03487.77
_ I 16108' ON A REBAR I - SEF NOTE ,7. SHEET , I -'
N: 791854.26 L- �f.�
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R — — — — — — —
F— —------- — 503'28'W 345.39'(A) 1
U I as MOUNTAIN STATES `\
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COMPANY EASEMENT PER p
. I I REMAIN PAM
852 , � \ � I GRAPHIC SCALE
CENTER TOWNSHIP
QUARTER CORNER R N SECTION /
29, TOWNSMP 3 EbUn9 RANGE 69 I !- `-TS SU91)iViSlvi':' LOT 5 I LOT 12
WEST OF THE 6TH P.M. i LOT 4 1 ZONE R-IA I ZONE R-IA >e
FOURFQP
3 1/4' BRASS CAP STAMPED ZONE R-IA LOT 2 Bi
CITY 0F WHEAT RIDGE LS 13212 C
29 T3S R89W RESET 1989 I r C 25.0' 25.0'-.I{ r �` a
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iR85' IN RANGE BOX PER MONUMENT ZONE R-1 a w a w `C' 1 blah 80 Tf.
RECORD DATED MAY 5, 2006 r H r H G1
c F- l 6 WHEAT N0(E POINT #19109 I o n
N: 703025.84 SHx?vK7,ET?IJ SU9✓?1:Lf:)'v'+
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J. STEPHENSON
SHEET 2 OF 2
After Recording Return To:
CHERRY CREEK MORTGAGE CO., INC.
7600 EAST ORCHARD ROAD #250-N
GREENWOOD VILLAGE, CO 80111
ATTN:
Prepared By:
CHERRY CREEK MORTGAGE CO., INC.
7600 E. ORCHARD RD #250-N
GREENWOOD VILLAGE, CO 80111
(303) 320-4040
[Space Above This Line For Recording Data]
DEED OF TRUST
GLAVAN
Loan k 197909213
MIN:100030201979092133
MERS Phone: 1-888-679-6377
PIN: 3130030760
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated SEPTEMBER 18, 2013, together with
all Riders to this document.
(B) "Borrower" is MICHAEL S. GLAVAN AND KAREN GLAVAN. Borrower is the trustor under this
Security Instrument.
(C) "Lender" is CHERRY CREEK MORTGAGE CO., INC.. Lender is a CORPORATION organized and
existing under the laws of THE STATE OF COLORADO. Lender's address is 7600 E . ORCHARD RD
#250-N, GREENWOOD VILLAGE, CO 80111.
(D) "Trustee" is the Public Trustee of JEFFERSON County, Colorado.
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 18, 2013. The Note
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
M 313.15 Page 1 of 16 Form 3006 1/01
197909213
states that Borrower owes Lender THREE HUNDRED FIFTY-ONE THOUSAND FIVE HUNDRED AND
00/100 Dollars (U.S. $351, 500. 00) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2043.
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider
❑ 1-4 Family Rider ❑ Other(s) [specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non
-appealable judicial opinions.
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
IM 313.15 Page 2 of 16 Form 3006 1/01
i
197909213
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors
and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the
repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance
of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee,
in trust, with power of sale, the following described property located in the COUNTY (Type of Recording
Jurisdiction) of JEFFERSON: (Name of Recording Jurisdiction)
SEE ATTACHED
which currently has the address of 12250 WEST 38TH AVENUE, WHEAT RIDGE, Colorado 80033
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the
interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,
MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of
those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any
action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and
has the right to grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet
due and payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
313.15 Page 3 of 16 Form 3006 1/01
B.PI ��
197909213
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due
under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
COLORADO -Single Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT
IM 313.15 Page 4 of 16 Form 3006 1/01
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Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
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defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
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acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day
period will begin when the notice is given. In either event, or if Lender acquires the Property under Section
22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
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7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
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If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel
the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the
ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge
unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage
insurer that previously provided such insurance and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage
insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,
Borrower shall continue to pay to Lender the amount of the separately designated payments that were due
when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides
that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to
the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
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Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to
collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that
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owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
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to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
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18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
RM 313.15 Page 13 of 16 Form 30061/01
197909213
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given
in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto
a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a
time period which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
1%3 313.15 Page 14 of 16 Form 3006 1/01
i
197909213
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior
to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify:
(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the
date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure
the default on or before the date specified in the notice may result in acceleration of the sums secured
by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-
existence of a default or any other defense of Borrower to acceleration and sale. If the default is not
cured on or before the date specified in the notice, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may
invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled
to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not
limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender
shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the
notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time
and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the
manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable
Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the
Property at public auction to the highest bidder for cash at the time and place and under the terms
designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
may postpone sale of any parcel of the Property by public announcement at the time and place of any
previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the
time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima
facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale
in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request
that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes
evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without
further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.
24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
NA 313.15 Page 15 of 16 Form 3006 1/01
i
197909213
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
- BORROWER - XfCRAEL S. GLAVAN - DATE -
- BORROWER - KAREN GLAVAN - DATE -
[Space Below This Line For Acknowledgment]
State of COLORADO
County of
The foregoing instrument was acknowledged before me this SEPTEMBER 18, 2013 by MICHAEL S.
GLAVAN AND KAREN GLAVAN.
Witness my hand and official seal.
Notary Public
My Commission Expires:
(Title or Rank)
(Serial Number, if any)
COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
10 313.15 Page 16 of 16 Form 30061/01
Il� 9y
it
, ' 1 it
W1
1 1
To: City of Wheat Ridge
From: Mike and Karen Glavan
Address: 12250 W #8`h Ave.
Wheat Ridge CO 80033
3a3 GIa -ZD7q
Owner Proposal:
We are proposing a lot line adjustment to enlarge the smaller western lot (Lot 2) which was created by
the Glavan Subdivision. Our plans changed and decided to construct a custom home on the property for
our use. The lot that was created was too small for our ideal floor plan due to the setback requirements
in the R-1 zone. We are proposing shifting the eastern lot line of the newly created parcel 35 feet to the
east in order to create a more regular -shaped lot and have adequate room to meet the R-1 setbacks..
This would also allow the home to face the cul-de-sac on Urban Court.
Thank You
Mike Glavan
NOTE: Land use applications must be
♦ I submitted BY APPOINTMENT with a
City OF planner. Incomplete applications will not
__,:�
�Wh6a
t 1�id�ge be accepted—refer to submittal checklists.
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant Michael and Karen Glavan Phone 303-619-7077 Email Mglavann..municipaltreatment.com
Address, City, State, Zip
Owner Same as above
Address, City, State, Zip
Phone
Contact Same as above Phone
Address, City, State, Zip
Email
Email
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): 12250 W 38th Ave. Wheat Ridge 80033
Type of action requested (check one or more of the actions listed below which pertain to your request):
O Change of Zone or Zone Conditions O Special Use Permit Cl Subdivision — specify type:
O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots)
0 Planned Building Group O Site Plan O Minor (4 or 5 lots)
O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots)
O Variance/Waiver (from Section 26-) O Right of Way Vacation O Other:
Detailed description of request: Subdivide the propert to add one 1/2 acre lot adjacent to the existing single familt
home.
I certify that the information and exhibits hereivith submitted are true and correct to the best of my knowledge and that in
filing this application, I am acting ivith the knowledge and consent of those persons listed above, without whose consent
the requested action cannot latiif elly be accomplished. Applicants other than owners rnhthst submit power-of-attorney
from the owner which approved of this action on his behalf.
Notarized Signature of Applicant
State of Colorado
}
County ss
of ..�'', �'..tr'-{� 2 s,, . �
The foregoing instrument (Land Use Processing Application) was acknowledged by me this',,, -7__&y
by tif. e h ,, , - c. G /�r �.t J
taty Public
To be filled out by staff:
Date received I -
Comp Plan Design.
Related Case No.
Assessor's Parcel No. 39- 2 91.OG - 20 S i
Size (acres or sgft) 57 J s5 s c f t
Rev 122) 2016
cr-U-1-,- "--,A,- 2 G 1 7
NOTARY PUBLIC
My commission expires y ! 3 ` STATE OF COLORADO
MY COMmiSMon Expires 09/13/2020
Fee S Soo, oa
Receipt No. C 0(a O17 qSs
Pre -App Mtg. Date ci- / W—I
Current Zoning.
Proposed Zoning
Case No. LLQ
Quarter Section ap
Case Manager a ct r -
Current Use
Proposed Use
Cityy of Wheat Ridge
01IH8%2018 18:34 CDBA
ZONING APPLICATION FEES
CDA01 0',5 AMOUNT
FM:1D ZONING APPLICATION Ft:S 3�jo.06
PAYMENT RECEIVED AMOUNT
CHECK:
TOTAL 300.00
---------------------------------------
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COMMUNITY DEVELOPMENT
PRE -APPLICATION MEETING SUMMARY
Meeting Date: September 14, 2017
Applicant: Michael and Karen Glavan
Attending Staff: Meredith Reckert, Senior Planner
Zack Wallace Mendez, Planner II
Scott Cutler, Planning Technician
Dave Brossman, Development Review Engineer
Specific Site Location: 12250 W. 38th Avenue
Existing Zoning: Residential -One (R-1)
Existing Comp. Plan: Neighborhood
Existing Site Conditions:
The properties are located almost 400 feet south of 38' Avenue between Vivian Court and Union
Court. It is located at the end of the Urban Court cul -du -sac from 35th Avenue. The primary access to
the home on the site is through the Glory of God Church property, from which the property owner of
the home has an access easement. The property is zoned Residential -One (R-1) as are some properties
around it. Many properties in the area are zoned Residential -One A (R-1 A).
The eastern lot is currently occupied by a single family home, built in 1963. According to the
Jefferson County Assessor, the property is approximately 65,776 square feet (1.51 acres). There are
several accessory structures on the eastern property, including a detached garage and a shed.
A subdivision of the property was approved January 19, 2017 (Case No. MS -16-06 / Glavan) which
created a half acre lot to the west of the existing single-family home, with access to Urban Court,
designated as Lot 2. The subdivision is named the Glavan Subdivision.
Applicant/Owner Preliminary Proposal:
The applicant is proposing a lot line adjustment to enlarge the smaller western lot (Lot 2) which was
created by the Glavan Subdivision. The applicant's plans changed and they ultimately decided to
construct a custom home on the property for their use. The lot that was created was too small for their
ideal floor plan due to the setback requirements in the R-1 zone. The applicant proposed shifting the
eastern lot line of the newly created parcel 35 feet to the east in order to create a more regular -shaped
lot and have adequate room to meet the R-1 setbacks.. This would also allow the home to face the cul-
de-sac on Urban Court.
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Will a neighborhood meeting need to be held prior to application submittal?
No, a neighborhood meeting will not be required.
Planning comments:
The following items were discussed based on the applicant's proposal:
Zoning & Use
The R-1 zone district was established to provide high quality, safe, quiet and stable low-density
residential neighborhoods. The minimum lot area for a single-family home in the R-1 zone district is
12,500 square feet. Both lots will meet these requirements after the proposed lot line adjustment. The
proposed future construction of a single-family home is in-line with the intent of the R-1 zone district.
As such, no changes to zoning are required. The applicant was made aware of the 25% building
coverage maximum in the R-1 zone, as the proposed home has a large footprint.
Subdivision
Section 26-204 of the Municipal Code regulates subdivisions. The intent of the regulations is to
prepare land for development and to recognize that the arrangement of parcels, streets, and
infrastructure has a direct impact on the character and environment of the city. Subdivision regulations
are meant to guide Staff to ensure that the health, safety and welfare of present and future residents is
protected, orderly growth is promoted, land development is consistent with the city's adopted plans
and zoning regulations, public facilities and utilities are properly provided for, and to promote efficient
circulation, logical layouts and the creation of necessary roadways and pedestrian connections.
A lot line adjustment falls under the `administrative' plat process, which may be reviewed and decided
upon administratively.
Utility Providers
The City of Wheat Ridge is not a full-service city
include:
The utility and service providers for this property
West Metro Fire Protection District, phone: 303-989-4307
Consolidated Mutual Water District, phone: 303-238-0451
Northwest Lakewood Sanitation District, phone: 303-987-0835
All land use applications will be sent out on referral to these agencies for comment; however, staff
encourages potential applicants to contact service districts ahead of time. This may help to understand
any design or infrastructure requirements and potential costs associated with the proposed project.
Driveways
While not part of the lot line adjustment process, staff discussed the City's requirements for driveways
in residential zones with the applicant. Per City code, residential driveways must be paved for the first
25 feet from the edge of street pavement. The applicant will be required to obtain a Right -of -Way
Permit for this work.
Building Division comments:
The building division was not present at the pre -application meeting. The subdivision of the property
will have no requirements from the Building Division. Construction of a home an attached garage will
require building permits and compliance with the applicable building codes. Please note that the City
of Wheat Ridge has adopted and currently enforces the 2012 Edition of the International Codes and
the 2014 Edition of the National Electrical Code. The City uses the ANSI 117.1-2009 Standard in
determining requirements related to building accessibility.
Public Works comments:
The following items were discussed based on the applicant's proposal:
Access & Easements
The applicant is encouraged to obtain a survey in order to accurately locate the proposed private and
public improvements, including the driveway and curb, gutter and sidewalk on Urban Court. This will
help solve potential disputes with the neighbor to the south in the future, as these types of disputes are
civil and not handled by the City of Wheat Ridge.
Right -of -Way Permits must be obtained before work can begin on street improvements and cuts for
the driveway.
The applicant is encouraged to contact the owners of the ditch that runs along the property so that the
improvements do not interfere with water conveyance.
Additional Public Works comments will be provided as an attachment to these notes.
Lot Line Adjustment Review Process:
Now that the pre -application meeting is complete, a formal application may be submitted.
Applications must be submitted by appointment with a planner. Incomplete applications will not be
accepted.
An administrative subdivision or lot line adjustment involves three or fewer lots, tracts, or parcels.
Upon submittal of a complete application, the case manager will review the application, send it out on
referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City
agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days,
during which time the referral agencies and departments may submit comments on the application.
These comments, as well as those from the case manager, will be forwarded to the applicant.
Modifications to the subdivision plat may be required as a result of these comments. The applicant
must address comments and resubmit relevant documents. This process may need to occur several
times. Once all comments have been addressed to the case manager's satisfaction, the application will
be forwarded to the Community Development director for final decision.
Once approved, a blackline mylar copy of the plat must be submitted to the City of Wheat Ridge in
order to be recorded with Jefferson County Clerk and Recorder.
The plat must be approved and recorded prior to the issuance of any building permits.
Attachments: Public Works Comments, Subdivision checklist
Note: Please be aware that the above comments are for general information purposes only. Staff
cannot predict the outcome of any land use development application. A favorable response from
staff does not obligate any decision-making body (Community Development Director, Public
Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will
11
provide the best advice available given existing regulations, current policy, political climate and
information submitted.
Phone Numbers
Meredith Reckert — Senior Planner
303-235-2848
Lauren Mikulak — Planning Manager
303-235-2845
Zack Wallace Mendez — Planner II
303-235-2852
Scott Cutler — Planning Technician
303-235-2849
Mark Westberg — Projects Supervisor
303-235-2863
Dave Brossman — Development Review Engineer
303-235-2864
Brian Tardif — Acting Chief Building Official
303-235-2850
Steve Art — Economic Development Manager
303-235-2806
Aug 29, 2017
From: Michael and Karen Glavan
Re: Property @ 3557 Urban Ct.
We had a subdivision approved earlier this year, thank you. We now have changed
our minds and have chosen to build our own home on the property. We would like
the house to sit facing the cul-de-sac. To do make this possible and fit within the 15ft
setbacks, the east property needs to be move east 35ft.
Thank you for your consideration and recommendations.
Sincerely,
Michael S. Glavan
submitted BY Al
� City Of planner. Incomp
�_Wh6atf:Qidge
be accepted—refs
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 Michael and Karen Glavan
Address, City, State, Zip
Owner Same as above
Address, City, State, Zip
Contact Same as above
Address, City, State, Zip
Phone 303-699-7077
Phone
Phone
Email Malavan(a?municipaltreatment.com__
Email
Email
(The person listed as contact will be contacted to answer questions regarding this application, provide additional intbrmation when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): 12250 W 38th Ave. Wheat Ridge 80033
Type of action requested (check one or more of the actions listed below which pertain to your request):
O Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type:
O 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)
O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots)
O Variance/Waiver (from Section 26- O Right of Way Vacation O Other:
Detailed description of request: Lot line adjustment. Move the east lot line 35 ft east.
I certify that the ii formation and exhibits herewith submitted are true and correct to the best of my knowledge and that in
filing this application, 1 am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lmtf illy be accomplished. Applicants othei• than o)ttiers niiist submit power-of-allo le_y
fn•oim the owner which approved of this action on his behalf.
Notarized Signature of Applicant.
State of Colorado
County of
} ss
Ji ` Y C 2 so , -/
Theforegoinginstrument (L.aw U.s�Processing Application) wasacknowledged by me this 29th day of August 2017_,
by�f• 11A1111111A 1
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otaty Public e
To be filled out by staff:
Date received
Comp Plan Design.
Related Case No.
Assessor's Parcel No.
Size (acres or sqR) --
Rov 12212016
Fee $
Receipt No.
Pre -App Mtg. Date
Current Zoning—
Proposed Zoning _
Case No.
Quarter Section Map
Case Manager
Current Use _
Proposed Use
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