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HomeMy WebLinkAboutLLA-20-01RECEPTION N0, QQ%l'510 DATE SU q , 21TIMEpQTjW.v pK COUNTY OF JEFFERSON, STATE OF COLORADO, $ YARROW GARDENS LLA NO. 1 A REPLAT OF LOTS 9 THROUGH IL BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO LOCATED . IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PX CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO OWNER'S CERTIFICATE WE, 14 WSIRDGE, LLC. 66NG THE OWNERS OF REAL PROPERTY CONTAINING 0.1764 ACRES DESCRIBED AS FOLLOWS: A REPLAT OF LOTS 9-11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO, 2019021953, W THE RECORDS OF JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, TOW45HIP 3 SOUTH, RANGE 69 WEST, BEING A FOUND 3-1/4' DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOR MARKED "CITY OF W11EAT RIDGE PLS 13212; THENCE SOUTH 77'39'43' EAST, A DISTANCE 1613.36 FEET TO THE NORTHWEST CORNER OF SAJD LOT 11, BLOCK 2, YARROW GARDENS FILING N0. 3 AND THE PONT OF BEGINNING` THENCE NORTH 89'4617° EAST ON THE NORTH LIKE OF SAID BLOW 2. YARROW GARDENS FILING NO, 3, A DISTANCE OF 62.00 FEET TO THE WEST UNE OF LOT 8, BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 00'1343" EAST, ON SAID WEST UNE A DISTANCE OF 62.00 FEET TO THE SOUTH UNE OF SATO BLOCK 2, YARROW GARDENS FILING N0, 3: THENCE SOUTH 89'46'17" WEST ON THE SOUTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.OD FEET TO THE EAST UNE OF TRACT C, YARROW GARDENS FILING NO. 3; THENCE NORTH 0013'43" WEST, ON SAID EAST UNE A DISTANCE OF 62.00 FEET TO THE PONT OF BEGIN: lO. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,844 SO. FT. OR 0.0882 ACRES, MORE OR LESS, HAVE LAN OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF YARROW GARDENS LGA NO. 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBUC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC UNES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREETLIGHTS AND ALL APPURTENANCES THERETO. i� SIGNATURE, BY: WILLIAM RECTANUS, MANAGER OF NT BUILDERS, LLC, A COLORADO UNITED LIABILITY COMPANY, MANAGER OF THB WESTRIDCE LLC, A COLORADO LIMITED LIABILITY COMPANY NOTES CONTINUED 3. TITLE COMMITMENT NOTE: THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BASELINE ENGINEERING CORP. TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 4. PER COLORADO REVISED STATUTES SECTION 38-51-106 (L). ALL UNEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. S. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT NAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. B. PROPERTY IS ZONED MU -N. 7. INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES 8: THIS PLAT CONTAINS LOTS AND BLOCK INTENDED FIXE THE DEVELOPMENT OF OWNER -OCCUPIED MULTI -FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, DIE IMPROVEMENTS (THE 'MULTI -FAMILY DEVELOPMENT AREA-). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI -FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLANS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. COUNTY OF JEFFERSON ) 55 STATE OF COLORADO r THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS �— DAY OF A +F6 i 20 aQ BY (A){(( ift f Lf&A SS Mill A E,413 of Al Y• at4 k44 LL(_, o Colv4s iI At{i� WITNESS MY HAND H""AND AND OFFICIAL SEAL MY COMMISSION EXPIRES: �AB J" °F TH 8 �4irtt Ap "C, r GtfgMlr 64A4,14 G,�{��u PQAy NOTARY:-U8LIC CITY CEflpRRTMCATIONI APPROVED THIS —1.� DAY OF ATTEST CITY CLERK( - !1 Irl � -•.•.. 06MMUNITY DEVELOPMENT •' CTOR MAYOR , 20 .16 ., BY THE CITY OF WHEAT RIDGE. CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND p RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO. S THIDAY OF .fit°j. 201 lL_ BY: DEPUTY CLERK a 1 1':;*.',,--- CHAIRPERSON TES xv PURPOSE OF THIS REPLAT ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT CHAPTER 26, ARTICLE XIII OF THE CITY OF WHEAT RIDGE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES. (A) ANY OWNER OF ANY PORTION OF THE MULTI -FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI -FAMILY DEVELOPMENT AREA (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAMING UNDER OR THROUGH ANY SUCH PERSONS, ((0) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI -FAMILY DEVELOPMENT AREh, AHD (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SED., AS AMENDED ("CDARA. ); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULR-FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVEL(PMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OWER IMPROVEMENTS CONSTRUCTED ON THE MULTI -FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI -FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (0) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. THE FOREGOING SHALT. NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAN(S) FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROMDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S., AND, IF NOT, AN ARBITRATICEJ SERWCE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. - ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI -FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI -FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCE`.SORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI -FAMILY DEVELOPMENT AREA. TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. I PONT OF WIMNIICENf11T J CENTER QUARTER CORNER SEC. 23, T3S, R69W WEST QUARTER CORNER SEC, 23, T3S, R69W RWAC7 C FOUND 3-1/4" BRASS CAP FOUND 3-1/4" BRASS CAP 7 CD MARKED 'CITY OF WHEAT RIDGE PLS 13212" MARKED "CITY OF WHEAT RIDGE PLS 13212" PER MONUMENT RECORD PER MONUMENT RECORD VWLEA" RIDGE PT N0. 14709 WHEAT RIDGE PT. N0. 14609 N 708,454.54 E 115,798.21 -- BASS OF BEARING NORTH LINE SOUTHWEST I/4 S23. T35SiR69W, 6111 P.M. —... N 706,45852 E 118,435.38 ,.. --- — --- --- ---- N 89'41'47" E 2637.21' I a N / ----------- EXISTING 30' WATER EASEMENT —26.._._ REC. NO. 2018096073 - -- \. TRA(" F (TO REMAIN) N 8846'17* E OY.GNY THIS IS A REPLAT OF A PORTION OF YARROW GARDENS FILING NO. 3, AS RECORDED AT RECEPTION NO 2019021953 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. UPON RECORDATION OF THIS REPLAT WITH THE CLERK AND RECORDERS OFFICE OF JEFFERSON, STATE OF COLORADO, THE FOLLOWING SHALL OCCUR: A. RIGHTS-OF-WAY: THE OWNERSHIP OF ALL RIGHTS-OF-WAY PREVIOUSLY DEDICATED TO THE CIN OF WHEAT RIDGE BY SAID YARROW GARDENS FILING NO. 3 SHALL REMAIN WIN THE CITY OF WHEAT RIDGE, B. LOT UNES ALL INTERIOR LOT LINES OF LOTS 9, 10 AND 11 OF BLOCK 2 PREVIOUSLY CREATED BY SAID YARROW GARDENS FILING NO. -3 SHALL HEREBY BE REMOVED AND THEN RELOCATED AS INDICATED ON THIS PLAT. THE INTERIOR UNES OF LOTS 6-8 REMAIN INTACT AS PREVIOUSLY PLATTED IN FKJNG NO, 3.' 2. BASIS OF BEARINGS THE NORTH LINE OF THE SOUTHWEST 1/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS MOAUMENTEO BY A 3-1/4` DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED 'CITY O WHEAT RIDGE PLS 13212, AT THE WEST QUARTER CORNER OF SAID SECTION 23 AND A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE 8% MARKED 'CITY OF WHEAT WOE PLS 13212', AT THE CENTER WARIER CORNER OF SAID SECIIOU 23, IS ASSUMED TO BEAR NORTH 89'41.47" EAST, A DISTANCE OF 2637.21 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. "ASIEILINE.. Engiro*rIng Planning. Survepng .. •RIOT S LNCOLM AV64L SURE 405 • L04ELAML Gd.ORADO 8LTS97 PONT OF BEC!" N=708151.! E=117376: EXISTING LOT UNES HEREBY REMOVED BY THIS PLAT 3 J 78.5,1'-- I E=117376.37 REC. NO, 2018051558 RWAC7 C Sa 7 CD „, m = I a N / S aFWIT W ITLW N=708089.99 —_. EXISTING 20' SANITARY SEWER EASEMENT E=117376.37 REC. NO, 2018051558 RWAC7 C E- 7 CD CONTROL TABLE 1=70815224 =11743812 _NEW LOT LINES HEREB CREATED BY THIS PL N=700.24 E=117438.37 809 DESCRIPTION PONT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES I LATITUDE LONGITUDE I W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 —I N 708454.54 / E 115789.21 39'4635.8346` 105'05'26.9210" W C i/4 SEC 23 74709 N 1708037.64 / E 3117648.92 I N 708468.52 / E 118435.38 39'4635.8539" N 1 105'04'53.1524" W STA'T'EMENT OF ACCURACY THE GEODETIC PONT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE MAD 83 HARM STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE. (FG DC -STD -007.2-1998) CURRENT CITY DATUM 2. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND-BASED, MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL 20NE 0502, AND THE NORTH AMERICAN VERILCAL DATUM OF 1988 (NAVD88). 3. THE GROUND TO STATE PLANE GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC-1 HAVING THE FOLLOWING NADBJ/92 (NA083 HARM) STATE PLANE COORDINATES: N 1701258.75. E 3118217.58. THE PROJECT COORDINATES SHOWN HEREON ARE NA083/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, WHICH HAVE BEEN MODIFIED TO GROUND VALUES AND THEN TRUNCATED BY 1,000,000 3,000,000. GROW W SCALE 20 0 20 4O (IN FEET) 1NW-20 FT AT FOUND NO. 5 REBAR WITH 1-1/4' ORANGE PLASTIC g� CAP MARKED 'BASELINE CORP. FLS 382W BLOCK NUMBER — — — — — ALIQUOT LITE BOUNDARY LINE LOT UNE HEREBY CREATED BY THIS PLAT LOT Luff HEREBY REMOVED BY THIS PLAT -- — — TIE LINE — CENTER UNE — EXISTING LOT UHF — — — — — — — EASEMENT LINE(EMSDING) REVISIONS 1/17/2020 INITIAL SUBMITTAL 2/25/2020 CITY COMMENTS LLA -20-01 WS 16-07 (FILING NO. 3) 3/16/2020 CITY COMMENTS 3RD SUBMITTAL VICINITY MAP 1"= 1000' SURVEYOR'S CERTIFICATE I, AARON ALLIIN DEMO, 00 HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS LLA N0. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. AARON ALVIN DEMO, PLS COLORARO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR ANT) ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 CASE HISTORY LLA -20-01 WS -18-07 (FILING NO. 3) AT, I.At4O�. J - SHEET 1 OF 1 JOB 140. 32858 REVISIONS 1/17/2020 INITIAL SUBMITTAL 2/25/2020 CITY COMMENTS LLA -20-01 WS 16-07 (FILING NO. 3) 3/16/2020 CITY COMMENTS 3RD SUBMITTAL VICINITY MAP 1"= 1000' SURVEYOR'S CERTIFICATE I, AARON ALLIIN DEMO, 00 HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS LLA N0. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. AARON ALVIN DEMO, PLS COLORARO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR ANT) ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 CASE HISTORY LLA -20-01 WS -18-07 (FILING NO. 3) AT, I.At4O�. J - SHEET 1 OF 1 JOB 140. 32858 City of ]�qrWh6afl,�dgc COMMUNITY DEVELOPMENT TO: FROM: DATE: SUBJECT: Memorandum Kenneth Johnstone, Community Development Director Scott Cutler, Planner II April 9, 2020 LLA -20-01 / Yarrow Gardens Lot Line Adjustment No. 1 Summary of Request: The applicant requested an administrative subdivision (lot line adjustment of three lot lines) on property zoned Mixed Use — Neighborhood (MU -N) and located at 7842-7850 W. 43rd Circle. Findings: • Engineering has completed review of the plat and found it approvable. • The plat complies with the subdivision design criteria established in Section 26-410 of the Wheat Ridge Municipal Code. Recommendations: Staff recommends approval of the administrative subdivision at 7842-7850 W. 43rd Circle (Case No. LLA -20-01), with the following condition: 1. The subdivision shall be recorded prior to Certificate of Occupancy for the associated townhome building. RECEPTION NO. , DATE , 20 , TIME , COUNTY OF JEFFERSON, STATE OF COLORADO, S YARROW GARDENS LLA N0, 1 A REPLAT OF LOTS 9 THROUGH 11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO OWNER'S CERTIFICATE WE, THB WESTRIDGE, LLC, BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.1764 ACRES DESCRIBED AS FOLLOWS: A REPLAT OF LOTS 9-11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEING A FOUND 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212"; THENCE SOUTH 77'39'43" EAST, A DISTANCE 1613.38 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, BLOCK 2, YARROW GARDENS FILING NO. 3 AND THE POINT OF BEGINNING; THENCE NORTH 89'46'17" EAST ON THE NORTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.00 FEET TO THE WEST LINE OF LOT 8, BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 00'13'43" EAST, ON SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE SOUTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 89'46'17" WEST ON THE SOUTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.00 FEET TO THE EAST LINE OF TRACT C, YARROW GARDENS FILING NO. 3; THENCE NORTH 00'13'43" WEST, ON SAID EAST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,844 SQ. FT. OR 0.0882 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF YARROW GARDENS LLA NO. 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT—OF—WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREETLIGHTS AND ALL APPURTENANCES THERETO. (SIGNATURE) BY: WILLIAM RECTANUS, MANAGER OF THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY COUNTY OF JEFFERSON ) )SS STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC CITY CERTIFICATION APPROVED THIS DAY OF ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR MAYOR 20 , BY THE CITY OF WHEAT RIDGE. CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, THIS DAY OF BY: DEPUTY CLERK CHAIRPERSON NOTES 1. PURPOSE OF THIS REPLAT 20 NOTES CONTINUED 3. TITLE COMMITMENT NOTE: THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BASELINE ENGINEERING CORP. TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 4. PER COLORADO REVISED STATUTES SECTION 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 6. PROPERTY IS ZONED MU—N. 7. INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES. 8. THIS PLAT CONTAINS LOTS AND BLOCK INTENDED FOR THE DEVELOPMENT OF OWNER—OCCUPIED MULTI—FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI—FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI—FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT CHAPTER 26, ARTICLE XIII OF THE CITY OF WHEAT RIDGE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI—FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI—FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13. C.R.S., AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI—FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI—FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI—FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. POINT OF COMMENCEMENT WEST QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14609 N 708,454.54 E 115,798.21— THIS IS A REPLAT OF A PORTION OF YARROW GARDENS FILING NO. 3 AS RECORDED AT RECEPTION NO. 2019021953 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. UPON RECORDATION OF THIS REPLAT WITH THE CLERK AND RECORDER'S OFFICE OF JEFFERSON, STATE OF COLORADO, THE FOLLOWING SHALL OCCUR: A. RIGHTS—OF—WAY: THE OWNERSHIP OF ALL RIGHTS—OF—WAY PREVIOUSLY DEDICATED TO THE CITY OF WHEAT RIDGE BY SAID YARROW GARDENS FILING NO. 3 SHALL REMAIN WITH THE CITY OF WHEAT RIDGE. BASIS OF BEARING NORTH LINE SOUTHWEST 1/4 S23, T35S, R69W 6TH P.M. — — — — — — — — — N 89'41'47" E 2637.21' i \,9084�f 1I■ 760666 —I— — — — — \ EXISTING 30' WATER EASEMENT \ 28'— REC. NO. 2018096073 TRACT F (TO REMAIN) \N 69'46'17' E 6200' EXISTING LOT LINES HEREBY REMOVED BY THIS PLAT 29.O0'--q-16.5O'7[:-16.5O'- — — —J B. LOT LINES: ALL INTERIOR LOT LINES OF LOTS 9, 10 AND 11 OF BLOCK 2 PREVIOUSLY CREATED BY SAID YARROW GARDENS FILING NO. 3 29.00' I 16.50' I 16. SHALL HEREBY BE REMOVED AND THEN RELOCATED AS INDICATED ON THIS PLAT. THE INTERIOR LINES OF LOTS 6-8 REMAIN INTACT AS PREVIOUSLY PLATTED IN FILING NO. 3. �:� s 89.46'17' W 6200' 2. BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHWEST 1/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXISTING 20' SANITARY SEWER EASEMENT AS MONUMENTED BY A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE REC. NO. 2018051558 WEST QUARTER CORNER OF SAID SECTION 23 AND A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF (TO REMAIN) WHEAT RIDGE PLS 13212", AT THE CENTER QUARTER CORNER OF SAID SECTION 23, IS ASSUMED TO BEAR NORTH 89'41'47" EAST, A DISTANCE OF 2637.21 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. O 3 .............. .............. .............. 4007 S. LINCOLN AVENUE, SUITE 405 • LOVELAND, COLORADO 80537 P: 970.353.7600 • F. 866.679.4864 • www.baselinecorpcom CONTROL TABLE TRACT C � 1�A SIT �� i i i — l r FINAL DOCUMENT FO RECORDING STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL RIPS 0502 COORDINATE SYSTEM AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE. (FGDC—STD-007.2-1998) CURRENT CITY DATUM 2. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND—BASED, MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. THE GROUND TO STATE PLANE GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC-1 HAVING THE FOLLOWING NAD83/92 (NAD83 HARN) STATE PLANE COORDINATES: N 1701258.75, E 3118217.58. THE PROJECT COORDINATES SHOWN HEREON ARE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, WHICH HAVE BEEN MODIFIED TO GROUND VALUES AND THEN TRUNCATED BY 1,000,000 3,000,000. 1\1 GRAPHIC SCALE i 0 20 40 LwEm NEW LOT LINES HEREBY FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC CREATED BY THIS PLAT OO CAP MARKED "BASELINE CORP. PLS 38285" BLOCK NUMBER — — — ALIQUOT LINE BOUNDARY LINE LOT LINE HEREBY CREATED BY THIS PLAT LOT LINE HEREBY REMOVED BY THIS PLAT TIE LINE CENTER LINE EXISTING LOT LINE EASEMENT LINE (EXISTING) DESCRIPTION POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE LONGITUDE W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 39'46'35.8346" N 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 E 3,844 SQ FT � J m 0 0 0 0 B. LOT LINES: ALL INTERIOR LOT LINES OF LOTS 9, 10 AND 11 OF BLOCK 2 PREVIOUSLY CREATED BY SAID YARROW GARDENS FILING NO. 3 29.00' I 16.50' I 16. SHALL HEREBY BE REMOVED AND THEN RELOCATED AS INDICATED ON THIS PLAT. THE INTERIOR LINES OF LOTS 6-8 REMAIN INTACT AS PREVIOUSLY PLATTED IN FILING NO. 3. �:� s 89.46'17' W 6200' 2. BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHWEST 1/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXISTING 20' SANITARY SEWER EASEMENT AS MONUMENTED BY A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE REC. NO. 2018051558 WEST QUARTER CORNER OF SAID SECTION 23 AND A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF (TO REMAIN) WHEAT RIDGE PLS 13212", AT THE CENTER QUARTER CORNER OF SAID SECTION 23, IS ASSUMED TO BEAR NORTH 89'41'47" EAST, A DISTANCE OF 2637.21 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. O 3 .............. .............. .............. 4007 S. LINCOLN AVENUE, SUITE 405 • LOVELAND, COLORADO 80537 P: 970.353.7600 • F. 866.679.4864 • www.baselinecorpcom CONTROL TABLE TRACT C � 1�A SIT �� i i i — l r FINAL DOCUMENT FO RECORDING STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL RIPS 0502 COORDINATE SYSTEM AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE. (FGDC—STD-007.2-1998) CURRENT CITY DATUM 2. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND—BASED, MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. THE GROUND TO STATE PLANE GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC-1 HAVING THE FOLLOWING NAD83/92 (NAD83 HARN) STATE PLANE COORDINATES: N 1701258.75, E 3118217.58. THE PROJECT COORDINATES SHOWN HEREON ARE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, WHICH HAVE BEEN MODIFIED TO GROUND VALUES AND THEN TRUNCATED BY 1,000,000 3,000,000. 1\1 GRAPHIC SCALE i 0 20 40 LwEm NEW LOT LINES HEREBY FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC CREATED BY THIS PLAT OO CAP MARKED "BASELINE CORP. PLS 38285" BLOCK NUMBER — — — ALIQUOT LINE BOUNDARY LINE LOT LINE HEREBY CREATED BY THIS PLAT LOT LINE HEREBY REMOVED BY THIS PLAT TIE LINE CENTER LINE EXISTING LOT LINE EASEMENT LINE (EXISTING) DESCRIPTION POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE LONGITUDE W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 39'46'35.8346" N 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 N 708468.52 / E 118435.38 39'46'35.8539" N 105'04'53.1524" W 1/17/2020 INITIAL SUBMITTAL 2/25/2020 CITY COMMENTS LLA -20-01 WS 18-07 (FILING NO. 3) 3/16/2020 CITY COMMENTS 3RD SUBMITTAL VICINITY MAP 1" = 1000' SURVEYOR'S CERTIFICATE I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS LLA NO. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. AARON ALVIN DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 CASE HISTORY LLA -20-01 WS -18-07 (FILING NO. 3) SHEET 1 OF 1 JOB NO. 3285B GEp J m 0 0 N o o Q � w Q N W 44TH AVE Si7'i� Q W 42ND AVE 3 ACRE LN 0 W 41ST AVE a VICINITY MAP 1" = 1000' SURVEYOR'S CERTIFICATE I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS LLA NO. 1 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. AARON ALVIN DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 CASE HISTORY LLA -20-01 WS -18-07 (FILING NO. 3) SHEET 1 OF 1 JOB NO. 3285B RECEPTION NO. , DATE , 20 , TIME , COUNTY OF JEFFERSON, STATE OF COLORADO, $ YARROW GARDENS LLA N0.1 A REPLAT OF LOTS 9 THROUGH 11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO OWNER'S CERTIFICATE WE, THB WESTRIDGE, LLC, BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.1764 ACRES DESCRIBED AS FOLLOWS: A REPLAT OF LOTS 9-11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEING A FOUND 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212"; THENCE SOUTH 77'39'43" EAST, A DISTANCE 1613.38 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, BLOCK 2, YARROW GARDENS FILING NO. 3 AND THE POINT OF BEGINNING; THENCE NORTH 89'46'17" EAST ON THE NORTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.00 FEET TO THE WEST LINE OF LOT 8, BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 00'13'43" EAST, ON SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE SOUTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 89'46'17" WEST ON THE SOUTH LINE OF SAID BLOCK 2, YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.00 FEET TO THE EAST LINE OF TRACT C, YARROW GARDENS FILING NO. 3; THENCE NORTH 00'13'43" WEST, ON SAID EAST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,844 SQ. FT. OR 0.0882 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF YARROW GARDENS LLA NO. 1, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT—OF—WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREETLIGHTS AND ALL APPURTENANCES THERETO. (SIGNATURE) BY: WILLIAM RECTANUS, MANAGER OF THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY COUNTY OF JEFFERSON ) )SS STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC CITY CERTIFICATION APPROVED THIS DAY OF ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR MAYOR 20 , BY THE CITY OF WHEAT RIDGE. CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, THIS DAY OF BY: DEPUTY CLERK CHAIRPERSON NOTES 1. PURPOSE OF THIS REPLAT 20 NOTES CONTINUED 3. TITLE COMMITMENT NOTE: THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BASELINE ENGINEERING CORP. TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 4. PER COLORADO REVISED STATUTES SECTION 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 6. PROPERTY IS ZONED MU—N. 7. INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES. 8. THIS PLAT CONTAINS LOTS AND BLOCK INTENDED FOR THE DEVELOPMENT OF OWNER—OCCUPIED MULTI—FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI—FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI—FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT CHAPTER 26, ARTICLE XIII OF THE CITY OF WHEAT RIDGE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI—FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI—FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13. C.R.S., AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI—FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI—FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI—FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. POINT OF COMMENCEMENT WEST QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14609 N 708,454.54 E 115,798.21 THIS IS A REPLAT OF A PORTION OF YARROW GARDENS FILING NO. 3, AS RECORDED AT RECEPTION NO. 2019021953 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. UPON RECORDATION OF THIS REPLAT WITH THE CLERK AND RECORDER'S OFFICE OF JEFFERSON, STATE OF COLORADO, THE FOLLOWING SHALL OCCUR: A. RIGHTS—OF—WAY: THE OWNERSHIP OF ALL RIGHTS—OF—WAY PREVIOUSLY DEDICATED TO THE CITY OF WHEAT RIDGE BY SAID YARROW GARDENS FILING NO. 3 SHALL REMAIN WITH THE CITY OF WHEAT RIDGE. B. LOT LINES: ALL INTERIOR LOT LINES OF LOTS 9, 10 AND 11 OF BLOCK 2 PREVIOUSLY CREATED BY SAID YARROW GARDENS FILING NO. 3 SHALL HEREBY BE REMOVED AND THEN RELOCATED AS INDICATED ON THIS PLAT. THE INTERIOR LINES OF LOTS 6-8 REMAIN INTACT AS PREVIOUSLY PLATTED IN FILING NO. 3. 2. BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHWEST 1/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS MONUMENTED BY A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE WEST QUARTER CORNER OF SAID SECTION 23 AND A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE CENTER QUARTER CORNER OF SAID SECTION 23, IS ASSUMED TO BEAR NORTH 89'41'47" EAST, A DISTANCE OF 2637.21 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. • iFTA, &1%1 • Z .............. Engineering.............. .............. 4007 S. LINCOLN AVENUE, SUITE 405 • LOVELAND, COLORADO 80537 R 970.353.7600 • R 866.679.4864 • www.baselinecorp.com CENTER QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14709 N 708,468.52 BASIS OF BEARING E 118,435.38 — — NORTH LINE SOUTHWEST 1/4 S23, T35S_R69W, 6TH P.M. N 89'41'47" E 2637.21' i 160666 (AFS — —28'— TRACT F POINT OF BEGINNING N=708151.99 E=117376.12 EXISTING LOT LINES HEREBY _ REMOVED BY THIS PLAT --k EXISTING 30' WATER EASEMENT REC. NO. 2018096073 — (TO REMAIN) N 69'46'17' E 6200' — POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL LWEM LATITUDE LONGITUDE — N= 29.00 16.50 39'46'35.8346" N —16.50'—— _NEW LOT LINES HEREBY _j FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC 105'04'53.1524" W T7`� E= g CAP MARKED "BASELINE CORP. PLS 38285" SURVEYOR'S CERTIFICATE g BLOCK NUMBER F-1 d w co v I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS LLA NO. 1 c --- a W Go ■ M E'EQ M M M C\2 BOUNDARY LINE E c co C • .7 .7 0 o ih LOT LINE HEREBY CREATED BY THIS PLAT N=708090.24 z LOT LINE HEREBY REMOVED BY THIS PLAT 2a 16.50' N 29.00' 16.50' _ _ TIE LINE S 69'46'17' W 62.00' N=708089.99 EXISTING 20' SANITARY SEWER EASEMENT E=117376.37 REC. NO. 2018051558 o TRACT C (TO REMAIN) O CONTROL TABLE STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL HIPS 0502 COORDINATE SYSTEM AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE. (FGDC—STD-007.2-1998) CURRENT CITY DATUM 2. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND—BASED, MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. THE GROUND TO STATE PLANE GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC-1 HAVING THE FOLLOWING NAD83/92 (NAD83 HARN) STATE PLANE COORDINATES: N 1701258.75, E 3118217.58. THE PROJECT COORDINATES SHOWN HEREON ARE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, WHICH HAVE BEEN MODIFIED TO GROUND VALUES AND THEN TRUNCATED BY 1,000,000 3,000,000. r• 1 ' WIAI 20 0 20 40 W 42ND q 41ST AVE VICINITY MAP 1" = 1000' 44TH =708152.24 POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL LWEM LATITUDE LONGITUDE =117438.12 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 39'46'35.8346" N 105'05'26.9210" W _NEW LOT LINES HEREBY 14709 N 1708037.64 / E 3117648.92 FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC 105'04'53.1524" W CREATED BY THIS PLAT OO CAP MARKED "BASELINE CORP. PLS 38285" SURVEYOR'S CERTIFICATE O BLOCK NUMBER I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS LLA NO. 1 --- ALIQUOT LINE WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, BOUNDARY LINE IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. LOT LINE HEREBY CREATED BY THIS PLAT N=708090.24 LOT LINE HEREBY REMOVED BY THIS PLAT E=117438.37 _ _ TIE LINE — CENTER LINE AARON ALVIN DEMO, PLS EXISTING LOT LINE COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION EASEMENT LINE (EXISTING) 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 DESCRIPTION POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE LONGITUDE W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 39'46'35.8346" N 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 N 708468.52 / E 118435.38 39'46'35.8539" N 105'04'53.1524" W REVISIONS 1/17/2020 INITIAL SUBMITTAL 2/25/2020 CITY COMMENTS IL$ 3/16/2020 CITY COMMENT 2ND " submittal? WS 18-07 (FILING NO. 3) FAL CASE HISTORY LLA -20-01 WS -18-07 (FILING NO. 3) CITY OF WHEAT RIDGE PUBLIC WORKS DATE 03/17/2020 RECEIVED 03/17/2020 3rd Submittal SHEET 1 OF 1 JOB NO. 3285B City of 'Wheatf dge COMMUNITY DEVELOPMENT Memorandum TO: Scott Cutler, Planner II FROM: Dave Brossman, Development Review Engineer DATE: March 13, 2020 SUBJECT: LLA -20-01 / Yarrow Gardens LLA No. 1 I have completed my review of the second submittal received on March 10, 2020 for the Lot Line Adjustment plat of Lots 9-11, Block 2 Yarrow Gardens Filing #3 located at 7842-7850 W. 43rd Circle, and I have the following comments: Lot Line Adjustment Plat: In the Owner's Certificate, although Mr. Rectanus may be a manager of different LLC's, in an effort to not complicate things for the Count Assessor's Office, Engineering recommends the Owner's representative info be limited to just what's germane (in this case, that he is the Manager of THB Westridge, LLC, AKA "the Owner's"). 2. The following comments pertain to the Notes: a. In Note #1, the plat purpose note: i. The extra "PLAT" is unnecessary as it is already stated this is a "REPLAT". ii. Please revise Note lb as indicated on the redlined plat. b. In Note # 2 regarding the Basis of Bearings, the Basis of Bearings of N 89° 41'47" E was correct on the first submittal; please revise back to the original. 3. On the plan view, the Basis of Bearings of N 89° 41'47" E was correct on the first submittal; please revise back to the original. 4. Add the latest revision date to the Revisions Box. 5. Please provide a revised AutoCAD drawing file in 2015 or older DWG format with the next submittal. YARROW GARDENS LLANO. 1 Review-2.Itr.docx RECEPTION NO. , DATE , 20 , TIME , COUNTY OF JEFFERSON, STATE OF COLORADO, $ YARROW GARDENS FILING N0, 4 A REPLAT OF LOTS 9 THROUGH 11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 20190219539 IN THE RECORDS OF JEFFERSON COUNTY, COLORADO LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO OWNER'S CERTIFICATE WE, THB WEST RIDGE LLC. BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.1764 ACRES DESCRIBED AS FOLLOWS: A REPLAT OF LOTSEHROUGH 11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEING A FOUND 3-1/4" DIAMETER BRASS CAP MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212"; THENCE SOUTH 77'39'43" EAST, A DISTANCE 1613.38 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, BLOCK 2, YARROW GARDENS FILING NO. 3 AND POINT OF BEGINNING; THENCE NORTH 89'46'17" EAST ALONG THE NORTH LINES OF BLOCK 2 OF SAID YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.00 FEET TO A POINT; THENCE SOUTH 00'13'43" EAST, A DISTANCE OF 62.00 FEET TO THE SOUTH LINE BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 89'46'17" WEST ALONG THE SOUTH LINES OF BLOCK 2, A DISTANCE OF 62.00 FEET; UPDATE THENCE NORTH 00'13'43" WEST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,844 SQ. FT. OR 0.0882 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF YARROW GARDENS FLING NO. 4, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREETLIGHTS AND ALL APPURTENANCES THERETO. (SIGNATURE) BY WILLIAM RECTANUS, MANAGER OF NT BUILDERS, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGER OF THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY COUNTY OF JEFFERSON ) )SS STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: I NOTARY PUBLIC CITY CERTIFICATION APPROVED THIS DAY OF I ATTEST I CITY CLERK MAYOR CITY OF WHEAT RIDGE 20 BY THE COMMUNITY DEVELOPMENT DIRECTOR 477� -000,00 DIRECTOR OF KS CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, I THIS DAY OF 20 BY: DEPUTY CLERK CHAIRPERSON P COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS J BY THE WHEAT RIDGE PLANNING COMMISSION CHAIRPERSON ASELINE Engineering • Planning • Surveying 4007 S. LINCOLN AVENUE, SUITE 405 • LOVELAND, COLORADO 80537 R 970.353.7600 • F..- 866.679.4864 • www.baselinecorp.com NOTES 1. PURPOSE OF THIS REPLAT THIS IS A REPLAT OF A PORTION OF YARROW GARDENS FILING NO. 3 PLAT, AS RECORDED AT RECEPTION NO. 2019021953 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. UPON RECORDATION OF THIS REPLAT WITH THE CLERK AND RECORDER'S OFFICE OF JEFFERSON, STATE OF COLORADO, THE FOLLOWING SHALL OCCUR: A. RIGHTS-OF-WAY: THE OWNERSHIP OF ALL RIGHTS-OF-WAY PREVIOUSLY DEDICATED TO THE CITY OF WHEAT RIDGE BY SAID YARROW GARDENS FILING NO. 3 SHALL REMAIN WITH THE CITY OF WHEAT RIDGE. LOT LINES: ALL INTERIOR LOT LINES OF LOTS 9, 0, 9 9, 10 AND 11 OF BLOCK 2 PREVIOUSLY CREATED BY SAID YARROW GARDENS FILING NO. 3 SHALL HEREBY BE REMOVED. ALL NEWLY PROPOSED LOT LINES ARE HEREBY CREATED AS DESCRIBED ON THIS REPLAT. 2. BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHWEST 1/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS MONUMENTED BY A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE WEST QUARTER CORNER OF SAID SECTION 23 AND A 3-1/4" BRASS CAP IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE CENTER QUARTER CORNER OF SAID SECTION 23, IS ASSUMED TO BEAR NORTH 89'23'13" EAST, A DISTANCE OF 2635.49 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. 3. TITLE COMMITMENT NOTE: THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BASELINE ENGINEERING CORP. TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 4. PER COLORADO REVISED STATUTES SECTION 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 6. PROPERTY IS ZONED MU -N ".W&wAR&.- 7. INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES. 8. THIS PLAT CONTAINS LOTS AND BLOCK INTENDED FOR THE DEVELOPMENT OF OWNER—OCCUPIED MULTI—FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI—FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI—FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT CHAPTER 26, ARTICLE XIII OF THE CITY OF WHEAT RIDGE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI—FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI—FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. POINT OF COMMENCEMENT WEST QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14609 N 708,454.54 E 115,798.21 CENTER QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE_ PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14709 BASIS OF BEARING N 708,468.52 — — —NORTH LINE SOUTHWEST 1/4 S23 T3yR69, WETH P.M. — — — E 118,435.38 N 89'41'47" E 2637.21' S ��, \g 43 F \\ 767338, --- ---�— �T7� EXISTING 30' WATER EASEMENT N REC. NO. 2018096073 (TO REMAIN) N 69'46'17' E 62.00' — F— 29.00— —16.50 —1 POINT OF BEGINNING POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE N=708151.99 8 W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 E=117376.12E m 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 N 708468.52 / E 118435.38 m w 105'04'53.1524" W m 3 LOT LINE HEREBY REMOVED BY THIS PLAT 0 �. RIGHT—OF—WAY LINE v� CENTER LINE EXISTING LOT LINE CD - TRACT TRACT F i N=708152.24 E=117438.12 W V! N=708090.24 XE=117438.37 S 69'46'17' W 62.00' N=708089.99 EXISTING 20' SANITARY SEWER EASEMENT ,, E=117376.37 REC. NO. 2018051558 o TRACT C (TO REMAIN) O CONTROL TABLE DESCRIPTION POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE LONGITUDE W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 39'46'35.8346" N 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 N 708468.52 / E 118435.38 39'46'35.8539" N 105'04'53.1524" W NOTES CONTINUED THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) THROUGH EITHER NEGOTIATION OR MEDIATION BEFORE SUBMITTING SUCH CLAIM(S) TO BINDING ARBITRATION. ADDITIONALLY, THE MULTI -FAMILY DEVELOPMENT AREA MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS PLAT NOTE AND THAT MAY EXEMPT CERTAIN CLAIMS FROM THE REQUIREMENT THAT SUCH CLAIMS MUST BE SUBMITTED TO BINDING ARBITRATION, PROVIDED, HOWEVER, THAT ANY SUBSEQUENT AMENDMENT OR CHANGE TO SUCH DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTION SHALL NOT ELIMINATE THIS REQUIREMENT THAT CONSTRUCTION DEFECT CLAIMS SHALL BE SUBMITTED TO BIDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13. C.R.S., AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI -FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI -FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI -FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL RIPS 0502 COORDINATE SYSTEM AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE. (FGDC-STD-007.2-1998) CURRENT CITY DATUM 1. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND-BASED, MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 2. THE GROUND TO STATE PLANE GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC-1 HAVING THE FOLLOWING NAD83/92 (NAD83 HARN) STATE PLANE COORDINATES: N 1701258.75, E 3118217.58. THE PROJECT COORDINATES SHOWN HEREON ARE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, WHICH HAVE BEEN MODIFIED TO GROUND VALUES AND THEN TRUNCATED BY N 1,000,000 3,000,000. T GRAPHIC SCALE 20 0 20 40 (IN FEET) 1 INCH = 20 FT REVISIONS 1/17/2020 INITIAL SUBMITTAL LmEm O FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC "BASELINE � CAP MARKED CORP. PLS 38285" OBLOCK NUMBER — — — ALIQUOT LINE BOUNDARY LINE LOT LINE HEREBY CREATED BY THIS PLAT LOT LINE HEREBY REMOVED BY THIS PLAT — — RIGHT—OF—WAY LINE CENTER LINE EXISTING LOT LINE EASEMENT LINE (EXISTING) REVISIONS 1/17/2020 INITIAL SUBMITTAL SM W 42ND AVE � 3 ACR a � W 41ST AVE 0 �pR G � J m / - o o _ o N � III SM VICINITY MAP 1" = 1000' UPDATE SURVEYOR'S CERTIFICATE AVE I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS NO. 4 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. AARON ALVIN DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 CASE HISTORY: LLA -20-01 WS -18-07 (Filing No. 3) SHEET 1 OF 1 JOB NO. 3285B W 42ND AVE � 3 ACR a � W 41ST AVE 0 VICINITY MAP 1" = 1000' UPDATE SURVEYOR'S CERTIFICATE AVE I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS NO. 4 WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. AARON ALVIN DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 CASE HISTORY: LLA -20-01 WS -18-07 (Filing No. 3) SHEET 1 OF 1 JOB NO. 3285B City of Wheatjdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. February 25, 2020 Jay Garcia Thrive Home Builders 1875 Lawrence Street Denver, CO 80202 Mr. Garcia: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regards to your application for approval of a Lot Line Adjustment at 7842-7850 W. 43`d Circle, on property zoned Mixed Use — Neighborhood (MU -N). I have reviewed your first submittal and have the following comments. Please also refer to the redlined copies of the draft documents and Engineering comments. Plat Document 1. Rename to "Yarrow Gardens Lot Line Adjustment No. 1" or similar. 2. Remove the Planning Commission Certification. 3. In City Certification, change "Wheat Ridge City Council" to the "City of Wheat Ridge." Remove the Director of Public Works signature line. 4. Update the plat name in the Surveyor's Certificate and Owner's Certificate to reflect the correct document title. 5. In the Owner's Certificate, change Lot 6 to Lot 9. Refer to redlines. 6. Add LLA -20-01 to a Case History table. Also add WS- 18-07 (Filing No. 3). 7. In Note #la, the only interior lot lines that are changing are 9, 10, and 11. Remove 6, 7, and 8. 8. In Note #6, remove PRD as this portion is only zoned MU -N. 9. Identify the old lot lines and add arrows stating "Existing lot lines hereby removed by this plat" and point to the new lot lines with "New lot lines hereby created by this plat." 10. This plat must be recorded prior to Certificate of Occupancy for this building. 11. It is helpful to show adjacent lot/block names, but not required. En$ineerine Comments See attached letter and redlines from Dave Brossman, dated February 24, 2020. Please re -submit the document as PDF and DWG (2015 or older) files. For questions or clarification on any comments, feel free to directly contact me or Dave Brossman. Sincerely, Scott Cutler Planner II www.ci.wheatridge. co.us cc: LLA -20-01 case file City of 'Wheatf dge COMMUNITY DEVELOPMENT Memorandum TO: Scott Cutler, Planner 11 FROM: Dave Brossman, Development Review Engineer DATE: February 24, 2020 SUBJECT: LLA -20-01 / Yarrow Gardens LLA No. 1 I have completed my first review of the first submittal received on February 6, 2020 of the Lot Line Adjustment plat for Lots 9-11, Block 2 Yarrow Gardens Filing #3 located at 7842-7850 W. 43 d Circle, and I have the following comments: Lot Line Adjustment Plat: 1. Please rename the title to something more appropriate, such as "LLA No. 1". 2. In the Owner's Certificate: a. Please modify the sentence to reflect this is a replat of Lots 9-11. b. Please rename the plat title to something more appropriate, such as "LLA No. Ill. Be advised that the County may reject this plat if the actual owner or the owner's representative is not clearly identified in the Owner's Certification block. If Mr. Fiegen is the owner's representative, then this must be stated along with his title (see example). 3. Please remove the Planning Commission certification block; this plat is administrative only. 4. The following comments pertain to the Notes: a. Should use the letter B for the second portion of the plat purpose. Also, the statement used in purpose B regarding the removal of lot lines does not appear to be correct. Only the interior lines of Lots 9, 10, and 11 of Filing No. 3 are to be removed and then relocated as indicated on this plat. The interior lines of Lots 6-9 should remain intact as platted in Filing No. 3. b. Consider indenting plat purposes A & B for better clarity. c. The zoning as stated in Note #6 may not be correct. Double-check that lots 9-11 have PRD zoning. d. Note #8 has been separated into two different areas on the plat. This text all needs to be shown in one continuous location. Engineering suggests moving some of the other notes if necessary to keep this text together. Need to include notations on the graphic that point out the existing lot lines that are hereby removed and the new lot lines that are hereby created. Remove the letter "N" from the last line in the Current City Datum statement. The arrow should actually point to the Site in the Vicinity Map. Add the revision date to the Revisions Box. YARROW GARDENS LLA NO. 1 Review-1.1tr.docx Yarrow Gardens ("West Ridge"): Narrative for Revision to Lot Line Date:1/17/20 As follow up to our meetings with the City of Wheat Ridge in the fall of 2019, we are proposing to adjust two lot lines, which will affect a total of 3 lots. Specifically, Filing No. 3, Block 2, the lot lines between Lot 9 and Lot 10 will be shifted 3.5' to the east, and the lot line between Lot 10 and Lot 11 will be shifted 3.5' to the east. The 3 lots affected by this lot line adjustment will be Lots 9, 10, and 11. As required by Article IV of the City of Wheat Ridge Zoning and Development Code, an administrative subdivision involves three or fewer lots, tracts, or parcels. This lot line adjustment will accommodate a 16.5' -wide unit on Lot 9 (previously a 20' -wide unit). The main intent of this lot line adjustment is to provide a smaller townhome unit on Lot 9 in response to the market demand for lower prices. RECEPTION NO. , DATE , 20 , TIME , COUNTY OF JEFFERSON, STATE OF COLORADO, $ YARROW GARDENS FILING N0, 4 A REPLAT OF LOTS 9 THROUGH 11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 20190219539 IN THE RECORDS OF JEFFERSON COUNTY, COLORADO LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO OWNER'S CERTIFICATE WE, THB WEST RIDGE LLC. BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.1764 ACRES DESCRIBED AS FOLLOWS: A REPLAT OF LOTS 6 THROUGH 11, BLOCK 2, YARROW GARDENS FILING NO. 3, RECEPTION NO. 2019021953, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEING A FOUND 3-1/4" DIAMETER BRASS CAP MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212"; THENCE SOUTH 77'39'43" EAST, A DISTANCE 1613.38 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, BLOCK 2, YARROW GARDENS FILING NO. 3 AND POINT OF BEGINNING; THENCE NORTH 89'46'17" EAST ALONG THE NORTH LINES OF BLOCK 2 OF SAID YARROW GARDENS FILING NO. 3, A DISTANCE OF 62.00 FEET TO A POINT; THENCE SOUTH 00'13'43" EAST, A DISTANCE OF 62.00 FEET TO THE SOUTH LINE BLOCK 2, YARROW GARDENS FILING NO. 3; THENCE SOUTH 89'46'17" WEST ALONG THE SOUTH LINES OF BLOCK 2, A DISTANCE OF 62.00 FEET; THENCE NORTH 00'13'43" WEST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,844 SQ. FT. OR 0.0882 ACRES, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF YARROW GARDENS FLING NO. 4, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORMWATER SYSTEMS AND PIPES, DETENTION PONDS, STREETLIGHTS AND ALL APPURTENANCES THERETO. (SIGNATURE) BY WILLIAM RECTANUS, MANAGER OF NT BUILDERS, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGER OF THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY COUNTY OF JEFFERSON ) )SS STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: I NOTARY PUBLIC CITY CERTIFICATION APPROVED THIS DAY OF I ATTEST 20 , BY THE WHEAT RIDGE CITY COUNCIL. CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, THIS DAY OF 20 BY: DEPUTY CLERK CHAIRPERSON PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS DAY OF 20 BY THE WHEAT RIDGE PLANNING COMMISSION I CHAIRPERSON ASELINE Engineering • Planning • Surveying 4007 S. LINCOLN AVENUE, SUITE 405 • LOVELAND, COLORADO 80537 P: 970.353.7600 • F..- 866.679.4864 • www.baselinecorp.com NOTES 1. PURPOSE OF THIS REPLAT THIS IS A REPLAT OF A PORTION OF YARROW GARDENS FILING NO. 3 PLAT, AS RECORDED AT RECEPTION NO. 2019021953 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. UPON RECORDATION OF THIS REPLAT WITH THE CLERK AND RECORDER'S OFFICE OF JEFFERSON, STATE OF COLORADO, THE FOLLOWING SHALL OCCUR: A. RIGHTS-OF-WAY: THE OWNERSHIP OF ALL RIGHTS-OF-WAY PREVIOUSLY DEDICATED TO THE CITY OF WHEAT RIDGE BY SAID YARROW GARDENS FILING NO. 3 SHALL REMAIN WITH THE CITY OF WHEAT RIDGE. LOT LINES: ALL INTERIOR LOT LINES OF LOTS 6, 7, 8, 9, 10 AND 11 OF BLOCK 2 PREVIOUSLY CREATED BY SAID YARROW GARDENS FILING NO. 3 SHALL HEREBY BE REMOVED. ALL NEWLY PROPOSED LOT LINES ARE HEREBY CREATED AS DESCRIBED ON THIS REPLAT. 2. BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHWEST 1/4 SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS MONUMENTED BY A 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE WEST QUARTER CORNER OF SAID SECTION 23 AND A 3-1/4" BRASS CAP IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", AT THE CENTER QUARTER CORNER OF SAID SECTION 23, IS ASSUMED TO BEAR NORTH 89'23'13" EAST, A DISTANCE OF 2635.49 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. 3. TITLE COMMITMENT NOTE: THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BASELINE ENGINEERING CORP. TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. 4. PER COLORADO REVISED STATUTES SECTION 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 6. PROPERTY IS ZONED MU -N AND PRD. 7. INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES. 8. THIS PLAT CONTAINS LOTS AND BLOCK INTENDED FOR THE DEVELOPMENT OF OWNER—OCCUPIED MULTI—FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI—FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI—FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT CHAPTER 26, ARTICLE XIII OF THE CITY OF WHEAT RIDGE CODE OF LAWS AND: (1) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI—FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (2) THAT PERTAINS TO ANY OF: (A) THE MULTI—FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI—FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI—FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. POINT OF COMMENCEMENT WEST QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14609 N 708,454.54 E 115,798.21 CENTER QUARTER CORNER SEC. 23, T3S, R69W FOUND 3-1/4" BRASS CAP MARKED "CITY OF WHEAT RIDGE_ PLS 13212" PER MONUMENT RECORD WHEAT RIDGE PT. NO. 14709 BASIS OF BEARING N 708,468.52 — — —NORTH LINE SOUTHWEST 1/4 S23 T3yR69, WETH P.M. — — — E 118,435.38 N 89'41'47" E 2637.21' S ��, \g 43 F \\ 767338, --- ---�— �T7� EXISTING 30' WATER EASEMENT N REC. NO. 2018096073 (TO REMAIN) N 69'46'17' E 62.00' — F— 29.00— —16.50 —1 POINT OF BEGINNING POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE N=708151.99 8 W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 E=117376.12E m 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 N 708468.52 / E 118435.38 m w 105'04'53.1524" W m 3 0 �. v� CD - TRACT TRACT F i N=708152.24 E=117438.12 W V! N=708090.24 XE=117438.37 S 69'46'17' W 62.00' N=708089.99 EXISTING 20' SANITARY SEWER EASEMENT ,, E=117376.37 REC. NO. 2018051558 o TRACT C (TO REMAIN) O CONTROL TABLE DESCRIPTION POINT NO. STATE PLANE NAD83 0502 CO. CENTRAL C.O.W.R. PUBLISHED VALUES LATITUDE LONGITUDE W 1/4 COR SEC 23 14609 N 1708023.67 / E 3115012.42 N 708454.54 / E 115789.21 39'46'35.8346" N 105'05'26.9210" W C 1/4 SEC 23 14709 N 1708037.64 / E 3117648.92 N 708468.52 / E 118435.38 39'46'35.8539" N 105'04'53.1524" W NOTES CONTINUED THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) THROUGH EITHER NEGOTIATION OR MEDIATION BEFORE SUBMITTING SUCH CLAIM(S) TO BINDING ARBITRATION. ADDITIONALLY, THE MULTI -FAMILY DEVELOPMENT AREA MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS PLAT NOTE AND THAT MAY EXEMPT CERTAIN CLAIMS FROM THE REQUIREMENT THAT SUCH CLAIMS MUST BE SUBMITTED TO BINDING ARBITRATION, PROVIDED, HOWEVER, THAT ANY SUBSEQUENT AMENDMENT OR CHANGE TO SUCH DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTION SHALL NOT ELIMINATE THIS REQUIREMENT THAT CONSTRUCTION DEFECT CLAIMS SHALL BE SUBMITTED TO BIDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW. FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13. C.R.S., AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO BE BORNE EQUALLY BY THE PARTIES. ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI -FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI -FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI -FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH. STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL RIPS 0502 COORDINATE SYSTEM AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPACIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE. (FGDC-STD-007.2-1998) CURRENT CITY DATUM 1. THIS PLAT IS BASED ON THE CURRENT CITY DATUM, WHICH USES A HORIZONTAL COORDINATE SYSTEM THAT IS GROUND-BASED, MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 2. THE GROUND TO STATE PLANE GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC-1 HAVING THE FOLLOWING NAD83/92 (NAD83 HARN) STATE PLANE COORDINATES: N 1701258.75, E 3118217.58. THE PROJECT COORDINATES SHOWN HEREON ARE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502, WHICH HAVE BEEN MODIFIED TO GROUND VALUES AND THEN TRUNCATED BY N 1,000,000 3,000,000. T GRAPHIC SCALE 20 0 20 40 (IN FEET) 1 INCH = 20 FT SITE W 42ND AVE � 3 ACR a � 0 W 41ST AVE VICINITY MAP 1" = 1000' AVE LmEm O FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC CAP MARKED "BASELINE CORP. PLS 38285" O BLOCK NUMBER SURVEYOR'S CERTIFICATE — — — ALIQUOT LINE I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS NO. 4 BOUNDARY LINE WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, LOT LINE HEREBY CREATED BY THIS PLAT IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. LOT LINE HEREBY REMOVED BY THIS PLAT RIGHT—OF—WAY LINE CENTER LINE EXISTING LOT LINE EASEMENT LINE (EXISTING) AARON ALVIN DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 REVISIONS 1/17/2020 INITIAL SUBMITTAL SHEET 1 OF 1 JOB NO. 3285B �pR G � J m / - o o _ o N � III SITE W 42ND AVE � 3 ACR a � 0 W 41ST AVE VICINITY MAP 1" = 1000' AVE LmEm O FOUND NO. 5 REBAR WITH 1-1/4" ORANGE PLASTIC CAP MARKED "BASELINE CORP. PLS 38285" O BLOCK NUMBER SURVEYOR'S CERTIFICATE — — — ALIQUOT LINE I, AARON ALVIN DEMO, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF YARROW GARDENS NO. 4 BOUNDARY LINE WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, LOT LINE HEREBY CREATED BY THIS PLAT IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENT SAID SURVEY. LOT LINE HEREBY REMOVED BY THIS PLAT RIGHT—OF—WAY LINE CENTER LINE EXISTING LOT LINE EASEMENT LINE (EXISTING) AARON ALVIN DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION 4007 S. LINCOLN AVE., SUITE 405 LOVELAND, CO. 80537 REVISIONS 1/17/2020 INITIAL SUBMITTAL SHEET 1 OF 1 JOB NO. 3285B Land Title Guarantee Company Customer Distribution Land TdQPREVENT FRAUD -Please rememberto calla member o/ our closing team when —s...oh— I inittatinga wine transfer orproviding wiring instructions. Order Number'. F70646590.6 Date'. 0T04/2020 Property Address'. LTS 610,BK2, YARROW GARDENS #3, WHEAT RIDGE, CO 80033 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Jess Mlesem Land Title Bu no er Team 3033 EAST FIRST AVENUE, SUITE 5975 GREENWOOD PLAZA BLVD 600 GREENWOOD VILLAGE, CO 80111 DENVER, CO 80206 (303) 8504134 (Work) (303) 331-6204 (Work) (303) 8504188 (Work Fax) (303) 393-3936 (Work Fax) builderybitoc com em@Itoc co Company License'. CO44565 Buyer/Borrower THRIVE HOME BUILDERS Attention'. DOM MUNOZ Delivered via'. Electronic Mail Lender- New Loan THRIVE HOME BUILDERS Attention'. DOM MUNOZ 1875 LAWRENCE ST#900 DENVER, CO 80202 (303) ]0]-4400 (Work) (303) 389-9334 (Work Fax) dmunoz@thnvehomebuilders.com Delivered via'. Electronic Mail Land Title Guarantee Company Estimate of Title Fees Land Tde ,.,0,_ Order Number'. F7064659o.6 Date'. OT04/00 Property Address'. LTS Set 0,BK2, YARROW GARDENS#3, WHEAT RIDGE, DO Sol Parties'. HDP WESTRI DGE LLC, A DELAWARE LIMITED LIABILITY COMPANY act Land Tit la's wri at wmvtnc m for dlrsdlons to any of our offices Estimate of Title insurance Fees ndorsement 103 (Takedown) 350.00 Total$50.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order' Note: The swum ents If used In this commitment should be reviewed carefully. These dwu mens, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance In order to fully understand and be aware of the Imarchi and of the effect of these swum ents on your property. Chain of Title Documents: Jefferson county recorded 06/05/2019 under recent on no 4S8G6 Jefferson county recorded 03/0812019 under recent on no 1n11 Jefferson county recorded 03/0812019 under recent on no 1n10 Jefferson county recorded 07/23/2018 under recent on no 66]36 Plat Map(s): Jefferson county recorded 03/2212019 under recenton no 21953 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Omer Number: F]0546590.6 Property Address: LTS 6-10, BE 2, YARROW GARDENS %3, WHEAT RIDGE, CO 80033 1. Effective Date: 01iSN2020 at 5'.00 P.M. 2. Policy to be Issued and Proposed Insured: Endorsement 103 (Takedown) 50.01 Proposed Insured MONTEX LANDS INC., A COLORADO CORPORATION AND THE CM TRUST, A TRUST FORMED UNDER THE LAWS OF QUEBEC, CANADA, AS THEIR INTERESTS MAV APPEAR, ITS SUCCESSORS ANI ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY S. The Lend referred to in this Commitment is described as follows: LOTS 6THROUGH 10, INCLUSIVE, BLOCK 2, YARROW GARDENS FILING NO. 3, COUNTY OF JEFFERSON, STATE OF COLORADO Copyright 2006- 2020 American Land Title Association. All rights reserved. ,WE- 55 D TITLE The use of this Form Is restricted to ALTA licensees and ALTA members In good standing usocbrrwx s of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ry ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: F70646590.6 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. WARRANTY DEED FROM HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY TO THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: THE STATEMENT OF AUTHORITY FOR HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED SEPTEMBER 30, 2019 AS RECEPTION NO. 2019090908 DISCLOSES CHRISTOPHER J. FIEGEN AS MANAGER OF GRASS LAKE CAPITAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, MANAGER OF HDP BLUE HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, MANAGER OF HDP BLUE INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS THE MANAGER AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 2. DEED OF TRUST SPREADER EXTENDING THE ENCUMBRANCE OF THE DEED OF TRUST RECORDED SEPTEMBER 23, 2014 UNDER RECEPTION NO. 2014080082. NOTE: THE STATEMENT OF AUTHORITY FOR THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED NOVEMBER 14, 2019 UNDER RECEPTION NO. 2019109644 DISCLOSES GENE W. MYERS, OR JEFFREY P. SEIBOLD, OR WILLIAM RECTANUS, OR STEPHEN J. MYERS, MANAGERS OF NT BUILDERS LLC, A COLORADO LIMITED LIABILITY COMPANY OR DOMINIC MUNOZ,AUTHORIZED AGENT, ANY OF WHICH MAY ACT ALONE, AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. ENDORSEMENT 103 WILL BE ATTACHED TO POLICY NO. LTAJ70255352. NO MORTGAGE POLICY WILL BE ISSUED ON THIS FILE ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: '70646590.6 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RESERVATIONS OF RIGHT OF WAY FOR MAINTENANCE AND USE OF UTILITY LINES, WATER LINES AND IRRIGATION WATER, AND COST OBLIGATIONS AS SET FORTH IN WARRANTY DEED RECORDED AUGUST 26, 1976 IN BOOK 2894 AT PAGE 513. NOTE: MODIFIED BY THE QUITCLAIM DEED FROM ROBERT T. HAVER, JR. AND SUSAN A. HAVER TO EFG-YARROW, LLC DATED OCTOBER 19, 2017 AND RECORDED OCTOBER 19, 2017 UNDER RECEPTION NO. 2017108009 9. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN CONSERVATOR'S DEED RECORDED JANUARY 05, 2000 UNDER RECEPTION NO. F1000374. NOTE: MODIFIED BY THE QUITCLAIM DEED FROM ROBERT T. HAVER, JR. AND SUSAN A. HAVER TO EFG-YARROW, LLC DATED OCTOBER 19, 2017 AND RECORDED OCTOBER 19, 2017 UNDER RECEPTION NO. 2017108009. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN CITY OF WHEAT RIDGE NOTICE RECORDED JANUARY 07, 2009 UNDER RECEPTION NO. 2009001396. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: '70646590.6 11. MAINTENANCE OBLIGATIONS, USE RESTRICTIONS, AND GRANTOR RESERVATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL - TWO (R-2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-08/ENVIROFINANCE GROUP) RECORDED APRIL 19, 2017 UNDER RECEPTION NO. 2017040946. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JANUARY 05, 2000 UNDER RECEPTION NO. F1000373. NOTE: MODIFIED BY THE QUITCLAIM DEED FROM ROBERT T. HAVER, JR. AND SUSAN A. HAVER TO EFG-YARROW, LLC DATED OCTOBER 19, 2017 AND RECORDED OCTOBER 19, 2017 UNDER RECEPTION NO. 2017108009. 14. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE WATER DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JANUARY 16, 2001, UNDER RECEPTION NO. F1170792. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT - SEWER LINE RECORDED JUNE 07, 2018 UNDER RECEPTION NO. 2018051558. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 1645, SERIES OF 2018 RECORDED JUNE 13, 2018 UNDER RECEPTION NO. 2018053225. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT COVENANT AGREEMENT RECORDED JUNE 27, 2018 UNDER RECEPTION NO. 2018058329. 18. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN YARROW GARDENS SW PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN RECORDED JUNE 29, 2018 UNDER RECEPTION NO. 2018059055. 19. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN YARROW GARDENS SW PLANNED RESIDENTIAL DEVELOPMENT PLAN RECORDED JUNE 29, 2018 UNDER RECEPTION NO. 2018059056 AND AMENDMENT NO. 1 RECORDED FEBRUARY 15, 2019 UNDER RECEPTION NO. 2019012082. 20. RESTRICTIVE COVENANTS, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 21, 2018, UNDER RECEPTION NO. 2018086886. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SUBDIVISION IMPROVEMENT AGREEMENT, RECORDED SEPTEMBER 21, 2018 UNDER RECEPTION NO. 2018086889. 22. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT, SEWER LINE, RECORDED OCTOBER 17, 2018 UNDER RECEPTION NO. 2018095105. (AFFECTS TRACT C, YARROW GARDENS FILING NO. 1) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: '70646590.6 23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT (DISTRIBUTOR PERFORMANCE NON-EXCLUSIVE), RECORDED OCTOBER 22, 2018 UNDER RECEPTION NO. 2018096073. 24. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AMENDED ORDER: ORGANIZING YARROW GARDENS METROPOLITAN DISTRICT, RECORDED DECEMBER 03, 2018 UNDER RECEPTION NO. 2018108570. 25. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF YARROW GARDENS FILING NO. 3 RECORDED MARCH 22, 2019 UNDER RECEPTION NO. 2019021953. 26. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC SERVICE COMPANY OF COLORADO EASEMENT RECORDED MAY 03, 2019 AT RECEPTION NO. 2019034775. 27. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 2019, UNDER RECEPTION NO. 2019045517. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Title Note: Pursuant to CBS 10-11-1P$ notice is hereby given that: (A) The Subject real property maybe Iabated In a special taxing district. (B) A certiticate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county In Mich the real property Is located or that county treasurer's authorized agent unless the proposed Insured provides whffen Instructions tothecontary. (for an Owners Policy of Title Insurance pertaining to a sale of residential real property). (C) The Information regarding special districts and the boundaries of such districts maybe obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10406 requiresthat all documents received for recording or filing In the Jerk and recorder's office shall contain atop margin of at least one Inch and a left, right and bottom margin of at least one half of an Inch The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space Is provided for recording or filing Information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requiresthat "Everytitle entity shall be responsiblefor all matters Mich appear of record prior to the time of recording whenever the title entity conducts the closing and Is responsible for cording or filing of legal documents resulting from the transaction Mich was closed'. Provided that Land Title Guarantee Company conducts the closing of the insured transaction and Is responsible for recording the legal documents from the transaction, exception number Swill not appear on the Owner's Title Policy and the Lenders Policy Men Issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions'. (A) The land described In Schex A of this commitment must be a single family residencewh'mh includes condominium ortownhouse unit. (B) No labor or materials have been furnished by mechanics or material men for purposes of construction on the land described In Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit Indemnifying the Company against un filed mechanic's and material -men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, Improvements or major repairs undertaken on the propertyto be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will Include'. disclosure of certain construction Information'. financial Information as to the seller, the builder and or the contractor'.. payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid Information by the Company. No coverage wi11 be given under any circumstances for labor or material for Mich the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Tide' LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement Is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence Is the bedrock of our business. We maintain and regularly review Internal and external safeguards against unauthorized accessto your nonpublic personal Information ("Personal Information'). In the course of our business, we may collect Personal Information about you from'. • applications or other forms we receive from you, Including communications sent through TMX, ourweb-based transaction management system'.. • your transactions with, orfrom the services being performed by us, our affiliates, or others'.. • aconsumer reporting agency, if such Information is provided to us In connection with yourtransaction and • The public records maintained bygovernmental entities thatwe obtain either directly from those entities, or from our affiliates and non affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows'. • We restrict access to all Personal Information about you to those employeeswho need to knowthat Information In order to provide products and services to you. • We may shareyour Personal Information with affiliated contractors or service providers who provide services In the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. • We maintain physical, electronic and procedural safeguards thatcomply with federal standardsto protectyour Personal Information from unauthorized access or Intrusion. • Employees whoviolate our strict policies and procedures regarding privacy are subjectto disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU W ITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with appllcabie privacy laws, there are some situations In which Personal Information may be dl sciosed. We may dl sciose your Personal Information when you direct or give us permission'. when we are required by law to do so, for amps e, If we are served a subpoena'.. or when we suspect fraud right or crim In al activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when dlsciosu re Is needed to enforce our rig his arising out of any agreement, transaction or rel ationshlp with you. Our policy reg ardl ng dispute resolution Is as follows'. Any controversy or claim arising out of or rel acing to our privacy policy, or the breach thereof, shall be sell ed by arbitration In accordance with the rules of the American Arbltrati on Assool ation, and judgment upon the award rend wed by the arbitrators) may be entered In any court having Iurlsdidi on thereof. * + ME Commitment For Title Insurance r * (1 * Issued by Old Republic National Title Insurance Corporation ♦ �11U4 * NOTICE a + nLwRTANT Aran CAREFULLY .THIS COLLITTAENTISAN OFFER TO ISSUEONEOR LORE TITLE INSURANCE MLLIHAENTOR THE POLICY tAUSTBE BASED SOLELY IN CONTRACT Thi IS COLLITAENT IS NOT AN ABSTRACT OF TITLE RE �RTOFTUE CONDITION OF TTLE LEGAL OPINION OPINION OF TITLE OR OTHER REPRESENTATION OF THE STATUSOFTITLE THE PROCEDURES USED BYTHECOtAPANYTODE�RtAINEINSURABILITa OFTHETTLE INCLUDING ANY SEARCH AND Arep I NATO N ARE PROP R I ETARY TO THE COLVANY WERE PER FOR LED SOLELY FOR THE BE NERTOF THE COLVANY AND CREATENO EXTURACONTRACTUALLABILITY TOADY PERSON INCLUDING A PROPOSED INSURED THE COLVANY SOBLIGATION UNDER THIS COLLITAENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE AIN ACCOR DANCE WILL THE TER tAS AND PROV I SION SO FTH IS COLLITA ENT THE COLPA NY HAS NO LIABILITY OR OBLIGALLON INVOLVING THE CONTENT OF THIS COLLITA ENT TO ANY OTHER PER SON COMMITMENT TO ISSUE NOT ICY But" to the ni Smoul, B Pan I Rocuirmi Smoi Roan Excanans anothcCommawntGowunns Op Rcpu CRY National Title Insurance waffict Color amount asm, Prupox, Policy Amount ant the nami Deportee InsurceItaamuhc Siena EYml Rawmmenu na.enotoor Shut a months after the Comm Halt Date this Commitment terminates ant the Company a Iaelnano oeuaauen one COMMITIMENTCONDITIONS F Law The Ian, the font m FMMyonotha IDrops Racow Nsofthcaraccttn0. in WhauCAno aAy or fontt ERhc ANCY I a Policy Each central of td, murano, in a form ari Ry the ALI Lane THIS poscurtion wucc or to op, wucc Ry the Company room ant to thG Comm front I c Pmpesc� Insurce Each Vernon I in Smoi the Propal Insurce Steel Poketo he wwo purmytto Us Commitment if Propal Policy Amount Each onfir amouni in Smoi Am the Propal Pope Amount of each Poll to op, asuct purmyttothlis Commitment is Drops Pappas Ropop w uaheabFano KnwNspc Nmn,c ancsitment evebnhc pureAlimpamwmmalnp mnmnc Hotfoot m cal to Dal pm Pact ootlnmHm.ahs not open met thin the time Ana tramsin the Comm tment to lsue Pope CommHmentDranata ant mevompaenalae 1 Th, Company a Inteirtyan, ohllpvlon la limns E ant this Commitment to not valret m Ct Is the ni I F the Commitment to Issue Poice is the Commitment Coronas if SUCCUIc B Pan 11 Exoptuns ant is a opunpur scatur, Ry the Company or Us Ban Up went that may op, in ccinronc form Th, Company may almost this Commitment at any time If the Company ami this Commitment to we a Concert Ron Somerancc ai caurn other mal acerect in the Chip Racow prior to the Commitment Date any penalty of the Spin any is Lane, E Commitment Conchbn S Tie or Company shal I not op, Loop for any other am, no Tom to th G Commitment 5 LIMITATIONS OF LIABILITY ae wcr Comm front Cone than 4 G I in Be to the PropAcce I au as a a sual Cape, w, norrot in the ini at owvcn the Company a occcip to the PropAcce Ins use of the Comm Intent a no the OCINCC Of the awnwo Spin Damon asulanq from the Deportee ii chnn wthacCompanyswrtScenscm anySmoi PHIL Exceptions or III awar, LCTRICoorcatca, LoPaurcopocrot Ry this Commitment F Th, Company shall not he parec un,cr Commitment nCanthePropoaa fault rzmost the awnewntor has knoaxithe mal ant are not is Th, Company SIR only Unc aeaM mocr Commitment Cone Rion 4 ff the Propose, man as voup not none men nen theersrse has the Commitment inclact the ari mal whom the no Th, Company a aeoryy shall Campus the or ronhevmpaa Iaumda amus cecpcnw nor In acv Ranh ant tonnes In Commitment (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g)ln any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By / ' President Attest Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Garcia, AICP, LEED AP From: Dom Munoz Sent: Tuesday, February 04, 2020 10:22 AM To: Jay Garcia, AICP, LEED AP Subject: FW: Commitment (LTS 6-10, BK 2, YARROW GARDENS #3)(Buyer: Hdp Westridge Llc)(Our 70646590.6) Here you go! From: June Trayser <jtrayser@ltgc.com> Sent: Tuesday, February 4, 2020 10:22 AM To: jmiesem@ltgc.com; mschonebaum@ltgc.com Subject: Commitment (LTS 6-10, BK 2, YARROW GARDENS #3)(Buyer: Hdp Westridge Lic)(Our 70646590.6) Pq Land Title` C.UAP,%N11L CU1:YA`Y .Siam• r967 Your Documents from Land Title • Commitment Land Title Guarantee Company Customer Distribution Land Title PREVENT FRAUD -Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. C AFL&N rFE CONWANY ---Shier ty(,, —� f Order Number: F70646590.6 Property Address: LTS 6-10, BK 2, YARROW GARDENS #3, WHEAT RIDGE, CO 80033 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Jess Miesem 3033 EAST FIRST AVENUE, SUITE 600 DENVER, CO 80206 (303) 331-6204 (Work) (303) 393-3936 (Work Fax) jmiesem(c_ltgc.com Company License: CO44565 For Title Assistance Land Title Builder Team 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4134 (Work) (303) 850-4188 (Work Fax) builder(_Itgc.com Date: 02/04/2020 Buyer/Borrower THRIVE HOME BUILDERS Attention: DOM MUNOZ Delivered via: Electronic Mail LandTtdc� CUAR&N-MF COMPANY —Shwe i.q j Lender - New Loan THRIVE HOME BUILDERS Attention: DOM MUNOZ 1875 LAWRENCE ST #900 DENVER, CO 80202 (303) 707-4400 (Work) (303) 389-9334 (Work Fax) dmunoz@thrivehomebuilders.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number: F70646590.6 Date: 02/04/2020 Property Address: LTS 6-10, BK 2, YARROW GARDENS 43, WHEAT RIDGE, CO 80033 Parties: HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY Endorsement 103 (Takedown) Visit Land Title's Website at www.ltQc.com for directions to any of our offices Estimate of Title insurance Fees If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at clos Thank you for your order! $50.00 Total $50.00 Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: • Jefferson county recorded 06/05/2019 under reception no 45846 • Jefferson county recorded 03/08/2019 under reception no 17711 • Jefferson county recorded 03/08/2019 under reception no 17710 • Jefferson county recorded 07/23/2018 under reception no 66736 Plat Map(s): • Jefferson county recorded 03/22/2019 under reception no 21953 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: F70646590.6 Property Address: LTS 6-10, BK 2, YARROW GARDENS #3, WHEAT RIDGE, CO 80033 1. Effective Date: 01/30/2020 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: Endorsement 103 (Takedown) Proposed Insured: $0.01 MONTEX LANDS INC., A COLORADO CORPORATION AND THE CM TRUST, A TRUST FORMED UNDER THE LAWS OF QUEBEC, CANADA, AS THEIR INTERESTS MAY APPEAR, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS 6 THROUGH 10, INCLUSIVE, BLOCK 2, YARROW GARDENS FILING NO. 3, COUNTY OF JEFFERSON, STATE OF COLORADO Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: F70646590.6 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. WARRANTY DEED FROM HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY TO THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: THE STATEMENT OF AUTHORITY FOR HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED SEPTEMBER 30, 2019 AS RECEPTION NO. 2019090908 DISCLOSES CHRISTOPHER J. FIEGEN AS MANAGER OF GRASS LAKE CAPITAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, MANAGER OF HDP BLUE HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, MANAGER OF HDP BLUE INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS THE MANAGER AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 2. DEED OF TRUST SPREADER EXTENDING THE ENCUMBRANCE OF THE DEED OF TRUST RECORDED SEPTEMBER 23, 2014 UNDER RECEPTION NO. 2014080082. NOTE: THE STATEMENT OF AUTHORITY FOR THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED NOVEMBER 14, 2019 UNDER RECEPTION NO. 2019109644 DISCLOSES GENE W. MYERS, OR JEFFREY P. SEIBOLD, OR WILLIAM RECTANUS, OR STEPHEN J. MYERS, MANAGERS OF NT BUILDERS LLC, A COLORADO LIMITED LIABILITY COMPANY OR DOMINIC MUNOZ,AUTHORIZED AGENT, ANY OF WHICH MAY ACT ALONE, AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. ENDORSEMENT 103 WILL BE ATTACHED TO POLICY NO. LTAJ70255352. NO MORTGAGE POLICY WILL BE ISSUED ON THIS FILE ALTA C011ilMff7['MIEN T Old Republic National 'Title Insurance Company Schedule B, Part II (Exceptions) Order Number: F70646590.6 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RESERVATIONS OF RIGHT OF WAY FOR MAINTENANCE AND USE OF UTILITY LINES, WATER LINES AND IRRIGATION WATER, AND COST OBLIGATIONS AS SET FORTH IN WARRANTY DEED RECORDED AUGUST 26, 1976 IN BOOK 2894 AT PAGE 513. NOTE: MODIFIED BY THE QUITCLAIM DEED FROM ROBERT T. HAVER, JR. AND SUSAN A. HAVER TO EFG-YARROW, LLC DATED OCTOBER 19, 2017 AND RECORDED OCTOBER 19, 2017 UNDER RECEPTION NO. 2017108009 9. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN CONSERVATOR'S DEED RECORDED JANUARY 05, 2000 UNDER RECEPTION NO. F1000374. NOTE: MODIFIED BY THE QUITCLAIM DEED FROM ROBERT T. HAVER, JR. AND SUSAN A. HAVER TO EFG-YARROW, LLC DATED OCTOBER 19, 2017 AND RECORDED OCTOBER 19, 2017 UNDER RECEPTION NO. 2017108009. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN CITY OF WHEAT RIDGE NOTICE RECORDED JANUARY 07, 2009 UNDER RECEPTION NO. 2009001396. 11. MAINTENANCE OBLIGATIONS, USE RESTRICTIONS, AND GRANTOR RESERVATIONS ASSET FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER RECEPTION NO. 2009044993. 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL -TWO (R-2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-08/ENVIROFINANCE GROUP) RECORDED APRIL 19, 2017 UNDER RECEPTION NO. 2017040946. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JANUARY 05, 2000 UNDER RECEPTION NO. F1000373. NOTE: MODIFIED BY THE QUITCLAIM DEED FROM ROBERT T. HAVER, JR. AND SUSAN A. HAVER TO EFG-YARROW, LLC DATED OCTOBER 19, 2017 AND RECORDED OCTOBER 19, 2017 UNDER RECEPTION NO. 2017108009. 14. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE WATER DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JANUARY 16, 2001, UNDER RECEPTION NO. F1170792. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT - SEWER LINE RECORDED JUNE 07, 2018 UNDER RECEPTION NO. 2018051558. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 1645, SERIES OF 2018 RECORDED JUNE 13, 2018 UNDER RECEPTION NO. 2018053225. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT COVENANT AGREEMENT RECORDED JUNE 27, 2018 UNDER RECEPTION NO. 2018058329. 18. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN YARROW GARDENS SW PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN RECORDED JUNE 29, 2018 UNDER RECEPTION NO. 2018059055. 19. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN YARROW GARDENS SW PLANNED RESIDENTIAL DEVELOPMENT PLAN RECORDED JUNE 29, 2018 UNDER RECEPTION NO. 2018059056 AND AMENDMENT NO. 1 RECORDED FEBRUARY 15, 2019 UNDER RECEPTION NO. 2019012082. 20. RESTRICTIVE COVENANTS, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 21, 2018, UNDER RECEPTION NO. 2018086886. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SUBDIVISION IMPROVEMENT AGREEMENT, RECORDED SEPTEMBER 21, 2018 UNDER RECEPTION NO. 2018086889. 22. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT, SEWER LINE, RECORDED OCTOBER 17, 2018 UNDER RECEPTION NO. 2018095105. (AFFECTS TRACT C, YARROW GARDENS FILING NO. 1) 23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT (DISTRIBUTOR PERFORMANCE NOW EXCLUSIVE), RECORDED OCTOBER 22, 2018 UNDER RECEPTION NO. 2018096073. 24. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AMENDED ORDER: ORGANIZING YARROW GARDENS METROPOLITAN DISTRICT, RECORDED DECEMBER 03, 2018 UNDER RECEPTION NO. 2018108570. 25. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF YARROW GARDENS FILING NO. 3 RECORDED MARCH 22, 2019 UNDER RECEPTION NO. 2019021953. 26. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC SERVICE COMPANY OF COLORADO EASEMENT RECORDED MAY 03, 2019 AT RECEPTION NO. 2019034775. 27. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 2019, UNDER RECEPTION NO. 2019045517. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Title' c::.An,&s7cr: cnMrIAKY ---Shirt ! 967 Note: Pursuant to CRS 10-11-122, notice is hereby given that: The Subject real property may be located in a special taxing district. A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY Land Title' LAND TITLE INSURANCE CORPORATION AND C ARANMEE 00hir' N _Sl­eW;%--=- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance ,t Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE * �C POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 1. "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. 2. "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. 3. "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. 4. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. 5. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. 6. "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. 7. "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. 8. "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: 1. the Notice; 2. the Commitment to Issue Policy; 3. the Commitment Conditions; 4. Schedule A; 5. Schedule B, Part [-Requirements; and 6. Schedule B, Part II -Exceptions; and 7. a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 1. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I -Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. 2. The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. 3. The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. 4. The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. 5, The Company shall not be liable for the content of the Transaction Identification Data, if any. 6. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. 7. In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 1. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. 2. Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. 3. Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. 4. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. 5. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. 6. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stack Company 400 Second Avenue South, Minneapolis, Minnesota 5...5_401 (612) 371-1117 Attest President Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. June Trayser Title Officer Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Greenwood Village, CO 80111 'A�; mZ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stack Company 400 Second Avenue South, Minneapolis, Minnesota 5...5_401 (612) 371-1117 Attest President Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. June Trayser Title Officer Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Greenwood Village, CO 80111 Work: (303) 850-4109 x4109 itrayser(@Itgc.com www.ltsc.com .and Title GLIA RAI, ME COMPANY —Since a967— PREVENT FRAUD — Please remember" to call a member of our closing team when initiating a Mre transfer or providing wiring instructions. These images are provided for informational purposes only. They are not guaranteed as to availability or quality. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. template: commitment.html 08/2016 Land Title offices will be closed on February 17 in observance of President's Day. 10 Rev. 5/2017 City of W heat I�dge COMMUNITY DEVELOPMENT Submittal Checklist: Subdivision Project Name: G,Ae&s Project Location: NW C, n -A �V�, . Y__arnw Application Contents: The following items represent a complete subdivision application. This submittal checklist applies to all types of plat applications, including major, minor, and administrative subdivision plats. Please contact a staff planner with any questions about your specific application. X 1. Completed, notarized land use application form _X_2. Application fee -X_3. Signed submittal checklist (this document) -,&4. Proof of ownership—e.g. deed X 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 6. Mineral rights certification form—required for plats are reviewed at a public hearing 7. Commitment for title insurance—required for all major and minor subdivisions and right- of-way dedications X 8. Written request and description of the proposal 9:9. Geodetic Surveying Requirements for Final Plats checklist—completed & signed by surveyor 0. Closure sheet for the exterior boundary and for all individual lots—boundary must close within a limit of 1:50,000 x 11. Subdivision plat WATwo (2) full size paper copies (24" x 36") One (1) reduced size paper copy (11" x 17") Y AutoCAD .dwg file format—confirm acceptable version with city staff Al2. Civil documents, if required W&13. Exhibit and deed for right-of-way dedication prepared by surveyor—only required if partial right-of-way is being dedicated by separate document 1&14. Electronic (Adobe .pdf) files of all submittal documents—these may be provided via email, CD, DVD, or USB flash drive Form and content of Subdivision Plat: Project information _1. Title of document - centered at top of page "[Subdivision Name] Located in the 1/4 Section, Township 3 South, Range 69 West of the 6th Principal Meridian..." _2. Complete metes and bounds legal description compliant with Geodetic Surveying Requirements: a. On Current City Datum (ground-based modified form of NAD83/92 (NAD83 HARN) State Plane coordinate system) _b. Includes section ties to Section corners, Quarter Section corners, or to City of Wheat Ridge Permanent High Accuracy Control (PHAC) points 3. Basis of bearing statement _4. Small scale vicinity map - with north arrow and scale 5. Name/Address/Phone number(s) of architect, engineer, or surveyor associated with the project Community Development Department • (303) 235-2846 • www.ci.wheatridge.co.us _6. Certification blocks — including for surveyor, owner, City, and County (see cover items handout) 7. Standard easement notes (see cover items handout) 8. Ownership/unified control statement, if applicable 9. Dedicatory statement, if applicable _10. Data table with total area of site and area of individual lots (in square feet and acres) _11. Case history box and date of preparation Graphical information 12. Graphical representation of the property boundary corresponds with the legal description 13. Point of Beginning and Point of Commencement are shown 14. Monument information — including City -based monument identification number and coordinates on Current City Datum _15. Existing and proposed lot lines, with appropriate information: a. Include distances and bearings on Current City Datum b. Round all distances to the nearest 0.01 -foot and all angular measurements to the nearest second b. Provide the arc length, chord length, chord bearing, central angle, and radius for all curves _d. Show lot lines as "Hereby [created/removed] by this plat" 16. Existing and proposed street right-of-way, with appropriate information: _a. Include all adjacent ROW widths and distances from ROW centerline to corners of subject property boundary _b. Show right-of-way dedications as "Hereby dedicated by this plat" _17. Existing and proposed easements a. Show location, purpose, and dimensions of all easements b. Distances and bearings shall be consistent with the Current City Datum _18. Location and dimensions of public dedication/reservation, if any _19. Subdivision name, lot and block numbers, and zoning for adjacent properties — all adjoining parcels not previously platted are shown as "UNPLATTED" 20. Legend, north arrow, and scale — scale not to exceed 1 "= 100' 21. Section ties to a minimum of two (2) property corners are included 22. NOS/NGS Statement of Accuracy included 23. All Set & Found property pins are identified 24. All encroachments or gaps have been clearly identified including any necessary note(s) 25. All lineal units are shown as being in U.S. SURVEY FEET _26. A description of the Current City Datum is included (refer to Geodetic Surveying Requirements) _27. Location of the 100 -year floodplain (if applicable) 28. The sheet margins are 2" on the left, 1" on top, and 1/2" on sides Additional information which may be required: Depending on the size, scope, and complexity of the request additional documents may be required. The submission of these documents will be discussed during the pre -application meeting. This includes, but is not limited to, the following documents (one paper copy plus Adobe .pdf file is required): 1. Traffic study 2. Trip Generation Study 3. Drainage Letter & Plan _4. Drainage, Grading, and Erosion Control Plan 5. Final Drainage Report & Plan 6. Conceptual utility plans - required to gauge the appropriateness of proposed easements _7. Street sections - required to gauge the appropriate widths of ROW dedications and access easements 8. Soils Report 9. Engineering plans which detail construction of all public improvements 10. Development Covenant Agreement 11. Phase I Environmental Assessment 12. Complete set of construction drawings (2 copies) 13. Improvement Survey Plat 14. Improvement Location Certificate 15. Site Plan _16. HOA Covenants _17. Subdivision Improvement Agreement - template to be provided by staff, exhibits to be provided by applicant As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, 1 understand that in the event any revisions need to be made after the second (2"d) full review, 1 will be subject to the applicable resubmittal fee. Signature: Date: //�g Name (pleaserint): �I-AY (� 6 FC, � A Phone: -13 - 14-1 2019045846 61512019 3:19 PM PGS 1 $13.00 DF $533.39 Electronically Recorded Jefferson County, CO George P Stern, Clerk and Recorder TD1000 Y State Documentary Fee Land Title Date: June 05, 2019 $533.39 Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) THIS DEED, made on June 5th, 2019 by THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the City and County of Denver and State of Colorado for the consideration of ($5,333,915.00) —Five Million Three Hundred Thirty Three Thousand Nine Hundred Fifteen and 00/100— dollars in hand paid, hereby sells and conveys to HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY Grantee(s), whose street address is 708 MAIN STREET, Evanston, IL 60202, County of Cook, and State of Illinois, the following real property in the County of Jefferson, and State of Colorado, to wit: LOTS 1-17, BLOCK 2; LOTS 1-18, BLOCK 3; LOTS 1-10, BLOCK 4; LOTS 1-18, BLOCK 5; LOTS 1-16, BLOCK 6; YARROW GARDENS FILING NO. 3, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: VACANT LOTS, WHEATRIDGE, CO 80033 with at] its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to the matters shown in the attached Exhibit A, which, by reference, is incorporated herein. THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY BY: NT BUILDERS LLC, A COLORADO LIMITED LIABILITY l PANY� MANA ol� 4 JEFFREY P. SEIBOLD, MANAGER State of Colorado ) )ss. City and County of Denver ) SUSAN HICKEY Notary Public State of Colorado Notary ID # 19934015883 My Commission Ex fres 11-15-2021 The foregoing instrument was acknowledged before me on this day of June 5th, 2019 by JEFFREY P. SEIBOLD AS MANAGER OF NT BUILDERS LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGER OF THB WESTRIDGE LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal My Commission expires: Notary Public When recorded return to: HDP WESTRIDGE LLC, A DELAWARE LIMITED LIABILITY COMPANY 708 MAIN STREET, Evanston, IL 60202 Form 34 closing/deeds/wd.html 70622471 (468091) 1111111111111111111111111111111111 January 23, 2019 City of Wheat Ridge Community Development Department 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Property Owner Authorization Letter - Lot Line Adjustment As landowner Yarrow Gardens Filing No. 3, Block 2, Lots 9-11, (7842, 7846, and 7842 West 43rd Circle in the City of Wheat Ridge, THB WESTRIDGE LLC has my approval and permission to submit for a Lot Line Adjustment to adjust two lot lines, which will affect a total of 3 lots. Specifically, Filing No. 3, Block 2, the lot lines between Lot 9 and Lot 10 will be shifted 3.5' to the east, and the lot line between Lot 10 and Lot 11 will be shifted 3.5' to the east. The 3 lots affected by this lot line adjustment will be Lots 9, 10, and 11. This lot line adjustment will accommodate a 16.5' -wide unit on Lot 9 (previously a 20' -wide unit). Sincerely, Christopher J. Fiegen, Manager HDP Westridge LLC, a Delaware limited liability company By: HDP Blue Investments LLC, a Delaware limited liability company, its Manager By: HDP Blue Holdings LLC, a Delaware limited liability company, its Manager By: Grass Lake Capital LLC, a Delaware limited liability company, its Manager IN Moo�my , NOTE: Land use applications must be `► submitted BY APPOINTMENT with a Clly Of planner. Incomplete applications will not "� Wheat id e be accepted—refer to submittal checklists. �g 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 Jay Garcia Phone 303-947-4876 Email iciarciae.thrivehomebuilders.com Address, City, State, Zip 1875 Lawrence Street. Denver. CO 80202 Owner THB WestRidcie LLC Phone 303-707-4400 Email iciarciae.thrivehomebuilders.com Address, City, State, Zip 1875 Lawrence Street. Denver. CO 80202 Contact Jav Garcia Phone 303-947-4876 Email icia rcia a.th rive homebuilders.com Address, City, State, Zip 1875 Lawrence Street, Denver. CO 80202 (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 stafrreport prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 7842. 7846. &7850 West 43rd Circle (Yarrow Gardens Filing 3. Block 2. Lots 9-11) 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: We are proposing to adjust two lot lines, which will affect a total of 3 lots. Specifically, Filing No. 3, Block 2, the lot lines between Lot 9 and Lot 10 will be shifted 3.5 ' to the east, and the lot line between Lot 10 and Lot 11 will be shifted 3.5 ' to the east. The 3 lots affected by this lot line adjustment will be Lots 9, 10, and 11. As required by Article IV of the City of Wheat Ridge Zoning and S' (`..A.. nn .7 w.in7. 4r 4i.,.. r 4 r7i„iii :. ,, t.,.. +L....r — F-- t..+. +-+n V I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owapi:K Tw it s► >r„tiue tta .from the owner which approved of this action on his behalf. DOMINIC MUNOZ Notarized Signature of Applicant_ State of Colorado County of ss vim! NOTARY PUBLIC _STATE OF COLORADO NOTARY ID 20174000248 My Commission Expires January 4, 2021 The foregoing instrument (Land Use Processing Application) was acknowledged by me this _J!J day of 20,;b -- My commission expires of / Oo{ /20ZD Mo'tary Publi To be filled out by staff: Date received 2 5 1 2 0 Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sgft) Rcv 1/22/ 2016 Fee S s u u Receipt No. CDA022277 Pre -App Mtg. Date 1-9-20 Current Zoning - Proposed Zoning Case No. LLA 20 01 Quarter Section Map SW23 Case Manager Cutler Current Use Proposed Use