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4080.5 Clear Creek Drive
City of Wheat Ridge Commercial Retaining Wall PERMIT - 201901786 PERMIT NO: 201901786 ISSUED: 11/01/2019 JOB ADDRESS: 4080.5 Clear Creek Dr EXPIRES: 10/31/2020 JOB DESCRIPTION: Clear Creek Crossing - MSE Retaining wall. Square footage: 2000 *** CONTACTS *** OWNER (303)472-8269 EVERGREEN CLEAR CREEK CROSSING SUB (303)946-7894 JASON NEPPL 190243 PINNACLE STRUCTURES, INC *** PARCEL INFO *** ZONE CODE: UA / Unassigned SUBDIVISION CODE: UA / Unassigned USE: UA / Unassigned BLOCK/LOT#: / *** FEE SUMMARY *** ESTIMATED PROJECT VALUATION: 295,000.00 FEES Total Valuation 0.00 Plan Review Fee 1,553.37 Use Tax 6,195.00 Permit Fee 2,389.80 Engin. Review Fee 150.00 ** TOTAL ** 10,288.17 *** COMMENTS *** *** CONDITIONS *** Work shall comply with 2012 IRC & 2017 NEC. Per IRC Sec. R314, smoke detectors are required to be installed in every sleeping room, in hallways outside of sleeping rooms, and on every level of the structure. A copy of the recorded wall agreement between LPMD and Evergreen Apartments shall be provided to the City prior to issuance of any building permit. Certification from the designing structural engineer shall be required confirming the retaining wall was properly constructed upon its completion, and as-builts shall accompany that certification; certification and as-builts shall be provided prior to issuance of the first certificate of occupancy or prior to issuance of building permits for buildings 6, 8, or 9 (whichever is sooner). City of Wheat Ridge Commercial Retaining Wall PERMIT - 201901786 PERMIT NO: 201901786 ISSUED: 11/01/2019 JOB ADDRESS: 4080.5 Clear Creek Dr EXPIRES: 10/31/2020 JOB DESCRIPTION: Clear Creek Crossing - MSE Retaining wall. Square footage: 2000 I, by my signature, do hereby attest that the work to be performed shall comply with all accompanying approved plans and specifications, applicable building codes, and all applicable municipal codes, policies and procedures, and that I am the legal owner or have been authorized by the legal owner of the property and am authorized to obtain this permit and perform the work described and approved in conjunction with this ermit. I furt�er attest that I am legally authorized to include all entities named within this document as parties to the work to be perf ryrred an_ ffat;Cvork to be performed is disclosed in this documentand/or its; accompanying approved plans and specifications. Sig ature of OWNER or CONTRACTOR (Circle one) Date 1. This permit was issued based on the information provided in the permit application and accompanying plans and specifications and is subject to the compliance with those documents, and all applicable statutes, ordinances, regulations, policies and procedures. 2. This permit shall expire 365 days after the date of issuance regardless of activity. Requests for extension must be made in writing and received prior to the date of expiration. An extension of no more than 180 days made be granted at the discretion of the Chief Building Official and maybe subject to a fee equal to one-half of the or%ginal permit fee. 3. If this permit expires, a new permit may be required to be obtained. Issuance of a new permit shall be subject to the standard requirements; fees androcedures for approval of any new permit. Re -issuance or extension of expired permits is at the sole discretion of the Chief Building Offipcial and is not guaranteed. 4. No work of an manner shall be performed that shall results in a changeof the natural flow of water without prior and specific approval. 5 The permit holder shall notify the Building and Inspection Services Division in accordance with established policy of all required inspections and shall not proceed or conceal work without written approval of such work from the Building and Inspection Services Division. 6. The : ance or !Urmit shall not be construed to be a permit for, or an approval of, an violation of any provision of any ap e or regulation of this jurisdiction. Approval of work is subject to field inspection. Signature of Chief Building Official Date REQUESTS MUST BE MADE BY 11:59PM ANY BUSINESS DAY FOR INSPECTION THE FOLLOWING BUSINESS DAY. City of `]`l heat , dge COMMUNITY DEVEI.OPMFNT Building & Inspection Services 7500 W. 291h Ave., Wheat Ridge, CO 80033 Office: 303-235-2855 * Fax: 303-237-8929 Inspection Line: 303-234-5933 Email: permits(eDci.wheatridge.co.us I FOR OFFICE USE ONLY I Dafe: ,.l Plan/Per if # Plan Review 9) 13q, ,5 -D Building Permit Application *** Complete all applicable highlighted areas on both sides of this form. Incomplete applications may not be processed. *** Property Address: LCZo • � L C� Property Owner (please print): e0 -V.# ko„e,.," tle Phone: :5D 3 - y7Z- Property Owner Email: Ys✓///r-.oe 4901is'gr ✓91 re . tfej.ti Tenant Name (Commercial Projects Only) Property Owner Mailing Address: (if different than property address) Address: /fr 7 3 S.0 0, xe //*-"O a �T✓•l-� : '�i" /ZOG City, State, Zip: /� � Al ✓,f ✓ 1, 4: j re Z d 7 - Arch itectlEng Architect/Engineer E-mail: -et iowY12. it.o ri.v A2 Phone: 30 kAOOPA14-►, nekeikk-4!; Contractor Name: POVAloeCp ,..1-t/ City of Wheat Ridge License #: / 90 2 V 3 Phone: 340 3 ' 9NG - 7,1q 1!� Contractor E-mail Address: /.& TJ. -,w e -k .•e C'i.ve oe 4Q_4.e4i e -P 0 For Plan Review Questions & Comments (please print): CONTACT NAME (please print): Jd?so^✓!.i Phone: 30 3 " SVeg • 7Pi•� CONTACT EMAIL (please print): Ar �k a c4e .ce & s.* e• 1 -ye a 9A,0101 Sub Contractors (Must provide Wheat Ridge License No & Signed Subcontractor Authorization form): Electrical: Plumbing: Mechanical: W.R. City License # W.R. City License # W.R. City License # Other City Licensed Sub: Other City Licensed Sub: City License # City License # Complete all highlighted fields, if applicable. ❑COMMERCIAL RESIDENTIAL _Provide description of work: For ALL projects, provide a detailed description of work to be performed, including current use of areas, proposed uses, square footage, existing condition and proposed new condition, appliance size and efficiency, type and amount of materials to be used, etc. Sq. FULF BTUs Gallons Amps Squares For Solar: KW # of Panels Requires structural For Commercial Projects Only: Occupancy Type: Construction Type: Occupancy Load: Square Footage: Project Value: (Contract value or the cost of all materials and labor included in the entire project) r 295;e OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit application are accurate and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application and that I assume full responsibility for compliance with applicable City of Wheat Ridge codes and ordinances for work under any permit issued based on this application; that I am the legal owner or have been authorized by the legal owner of the property to perform the described work and am also authorized by the legal owner of any entity included on this application to list that entity on this application. I, the applicant for this building permit application, warrant the truthfulness of the information provided on the application. CIRCLE ONE: (OWNER (CONTRACTOR r (AUTHORIZED REPRESENTATIVE) of (OWNER) (CONTRACTOR) Signature (first and Is n�am^e): / DATE: 9 Printed Name: /G DEPARTMENT USE ONLY ZONING COMMMENTS: CCN1t -rn K S6-) f ?13© �,CMMent� sent IGj l8 Reviewer: BUILDING DEPARTMENT COMMENTS: Reviewer: J ' w my&— grq7v PUBLIC WORKS COMMENTS: Reviewer: Av-v?,�o� �l OCCUPANCY CLASSIFICATION: CONSTRUCTION TYPE: le Building Division Valuation: D V, nFr i� eccr,ded cep,) SnoM bQ_ pCcv 0ACc1 AFTER RECORDING RETURN TO: p f' r c r' f -C,) Jumps Law, LLC 2579 West Main Street, Suite 201 Littleton, Colorado 80210 Attention: Brian P. Jumps, Esq. DECLARATION OF WALL EASEMENT THIS DECLARATION OF WALL EASEMENT (this "Declaration") is made as of this day of , 2019, by EVERGREEN -CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability company ("Declarant"), whose address is 1873 South Bellaire Street, Suite 1200, Denver, Colorado, 80222, Attention: Tyler Carlson, as follows. RECITALS A. Declarant is the owner of that certain real property located in the County of Jefferson, State of Colorado, more particularly described on Exhibit A attached hereto and made part hereof (the "Evergreen Property"). Declarant is also the owner of "Tract A" (Drainage Area and Drainage Easement) located in the County of Jefferson, State of Colorado, as described on Exhibit B attached hereto ("Tract A'). B. As of the date of this Declaration, Declarant or its successors or assigns to the Evergreen Property intend to construct a retaining wall and associated landscaping or hardscaping appurtenant thereto (collectively, the "Retaining") on the northern boundary of the Evergreen Property and the southern boundary of Tract A. C. Following the completion of the Retaining Wall, Declarant shall convey Tract A, the Retaining Wall, and other improvements and appurtenances thereon, to Longs Peak Metropolitan District, a quasi -municipal corporation and political subdivision of the State formed pursuant to the Special District Act, Colorado Revised Statutes §§ 32-1-101, et seq. (with its successors and assigns, the "District"). The Retaining Wall will be located on Tract A and a portion of the Evergreen Property. D. Upon the conveyance of Tract A to the District, the District has agreed to accept and assume the ownership, operation and maintenance responsibility of Tract A, the Retaining Wall, and all other public improvements located thereon pursuant to that certain Infrastructure Acquisition Agreement between Declarant and District dated November 14, 2016. E. Accordingly, Declarant intends to create and establish certain rights and easements with respect to the Retaining Wall on the Evergreen Property. AGREEMENT NOW, THEREFORE, pursuant to and in furtherance of the foregoing premises, Declarant does hereby establish and impose each of the following grants, easements, covenants, conditions and provisions of this Declaration. {00073723 8} 1. Grant of Wall Easement. Declarant, for itself and all subsequent owners of the Evergreen Property and Tract A, and their respective Permittees (as defined below), and for the benefit of Evergreen Property and Tract A, hereby creates and grants a perpetual, non-exclusive easement on, over, under and across that certain area of the Evergreen Property and Tract A more particularly shown as the "Wall Easement Area" on Exhibit C attached hereto for the purposes of accessing, installing, constructing, maintaining, operating, repairing, replacing and removing the Retaining Wall. The Retaining Wall shall be constructed by Declarant or its successor or assign. Construction of the Retaining Wall shall be done in a good and workmanlike manner, lien free, and in accordance with the approved plans and all laws and permits issued therefor. "Permittees" shall mean and refer to the owners and their respective successors, assigns, agents, contractors and employees. 2. Maintenance. Until such time as Tract A is conveyed to the District, Declarant or its successors or assigns to the Evergreen Property shall be responsible for the maintenance and repair costs and responsibilities of the Retaining Wall and Wall Easement Area, which responsibilities shall specifically include, without limitation, maintaining and repairing the Retaining Wall and any and all other improvements incidental thereto and keeping the same in good order, condition and repair. From and after such time as Tract A and Retaining Wall are conveyed to the District, (a) Declarant or its successors or assigns to the Evergreen Property shall be responsible for the maintenance and repair costs and responsibilities of the Wall Easement Area (except as provided in subsection (b) below) and any landscaping, hardscaping, irrigation, railings and matters incidental thereto, and (b) District shall, at its sole cost and expense, be responsible for the maintenance and repair costs and responsibilities of the Retaining Wall and any geogrid in connection with the Retaining Wall, which responsibilities shall specifically include, without limitation, maintaining and repairing the Retaining Wall and any and all other improvements incidental thereto and keeping the same in good order, condition and repair. 3. Maintenance Easements. Declarant, for itself and all subsequent owners of the Evergreen Property and Tract A, and their respective Permittees, hereby creates and grants to the respective responsible parties a perpetual, nonexclusive maintenance easement under, through, over and across all portions of Evergreen Property and Tract A on either side of the Retaining Wall as necessary for any continued maintenance of the Retaining Wall, Wall Easement Area and any other matters outlined in Section 2. 4. Attorneys' Fees. In the event that Declarant or District commences any action or proceeding against the other in order to enforce the provisions hereof, the prevailing party in any such action will recover, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including attorneys' fees. 5. Successors and Assigns. This Declaration shall be binding upon, and shall inure to the benefit of, the owners and their respective successors and assigns. Specifically, the grant of easement and other obligations contained herein shall run with the land and shall extend to and benefit and burden any and all future owners. 6. No Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of any property to the general public, nor for the general public's access, use, or other function not consistent with this Declaration. {00073723 8} 2 7. No Merger. The easements created hereby shall not merge with the underlying fee ownership of the real property. 8. No Oral Modifications. No modification, waiver or amendment of this instrument or any of its conditions or provisions shall be binding upon a parry unless in writing and signed by such party. 9. Severability. It is agreed that if any provisions of this Declaration shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Declaration and all such provisions shall remain in full force and effect. 10. Recordation. This Declaration shall be recorded in the real property records of Jefferson County, Colorado. 11. Governing Law. This Declaration shall be governed by the laws of the State of Colorado without giving effect to the principles of conflicts of law. [balance of page intentionally left blank] {00073723 8} 3 Executed as of the day and year first above written. EVERGREEN: EVERGREEN -CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability company By: Evergreen Development Company -2016, L.L.C., an Arizona limited liability company Its: Manager By: Evergreen Devco, Inc., a California corporation Its: Manager By: Name: Title: STATE OF ) )ss. COUNTY OF ) On this the day of , 2019, before me, the undersigned Notary Public in and for said County and State, personally appeared , the of Evergreen Devco, Inc., a California corporation, as Manager for Evergreen Development Company — 2016, L.L.C., an Arizona limited liability company, as Manager for Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability company, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the instrument in such person's authorized capacity, and that by his or her signature on the instrument the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission Expires: {00073723 8} 4 ID►:4OII:1YII_\ Legal Description of Evergreen Property Block 1, Lot 2, Clear Creek Crossing Subdivision Filing No. 3, City of Wheat Ridge, Jefferson County, State of Colorado. {00073723 8} Exhibit A, Page 1 • City of Wheat R q COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Aug 23, 2019 OFFICIAL ADDRESS NOTIFICATION NOTIFICATION is hereby given that the following address has been assigned to the property/properties as indicated below: NEW ADDRESS: 4080 & 4080.5 Clear Creek Drive CURRENT ADDRESS: • Subdivision, Lot, Tract/Key, Section Parcel #: NOTES: This is a courtesy notification. Addressing for 4080.5 Clear Creek Drive is for retaining wall only. AUTHORIZED BY: U ) DATE: DISTRIBUTION: 1. Property Owner 2. Wheat Ridge Building Division 3. Log File NOTE: Please notify all other parties concerned. ADDRESS MAP UPDATED BY: wwwxi.wheatridgexom s DATE: Vicinity Map lki