HomeMy WebLinkAboutPerrin's RowRECEF'T I ON N0.
11/18/2002 10:04:42 I'G: 001-015 0.00 L f
COLORADO
PAGE FEE: 76.00 DOC.FEE: i J
RECORDED IN JEFFERSON COUNTY,
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 31st day of October 2002 by and between the CITY
OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City "), and
Crosswire Investments, LLC (the "Developer "), together referred to as the "Parties"
RECITALS.
The Developer is the owner of certain real property located in the City of Wheat
Ridge, which is more particularly described in Exhibit A, if applicable, and made a part
hereof (the "Property "), commonly known as
On August 12, 2002 the City Council of the City of Wheat Ridge, after holding all
required public hearings, approved the final plat for the Property titled Perrin's Row
Subdivision A copy of the Final Plat is attached hereto as Exhibit B and incorporated
herein
The approvals cited above are contingent upon the express condition that all duties
created by this Agreement be faithfully performed by the Developer
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are mutually acknowledged, the parties hereto
agree as follows
1 Purpose The purpose of this Agreement is to set forth the terms, conditions,
and fees to be paid by the Developer upon subdivision of the Property All conditions
contained herein are in addition to any and all requirements of the City of Wheat Ridge
Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and
all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and
are not intended to supersede any requirements contained therein
2 Other Requirements NONE
3 Fees The Developer hereby agrees to pay City Development Review fees
to the City for engineering, hydrological, surveying, legal, and other services rendered in
connection with the review of the subdivision of the Property
4 Title Policy A title commitment for the Property shall be provided to the City
The title commitment shall show that all property to be dedicated to the City is or shall be,
subsequent to the execution and recording of this Agreement, free and clear of all liens
and encumbrances (other than real estate taxes which are not yet due and payable) The
City, in its sole discretion, may accept any dedication regardless of encumbrances The
title policy evidenced by the title commitment shall be provided thirty (30) days after the
recording of this Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT 5/01
5 Breach by the Developer; the City's Remedies In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City Council shall
be notified immediately and the City may take such action as permitted and /or authorized
by law, this Agreement, or the ordinances and Charter of the City as the City deems
necessary to protect the public health, safety and welfare, to protect lot buyers and
builders, and to protect the citizens of the City from hardship and undue risk. These
remedies include, but are not limited to
(a) The refusal to issue any building permit or certificate of occupancy,
(b) The revocation of any building permit previously issued under which
construction directly related to such building permit has not commenced,
except a building previously issued to a third party,
(c) A demand that the security given for the completion of the Public
Improvements be paid or honored, or
(d) Any other remedy available at law or in equity
Unless necessary to protect the immediate health, safety and welfare of the City or to
protect the City's interest with regard to security given for the completion of the Public
Improvements, the City shall provide the Developer thirty (30) days written notice of its
intent to take any action under this paragraph during which thirty day period the Developer
may cure the breach described in the notice
6 Public Improvements and Warranty All storm sewer lines, drainage
structures, paved streets, including curb, gutter and sidewalk, and necessary
appurtenances as shown on the subdivision plat and the associated construction
documents (the "Public Improvements" or "Improvements ") as approved by the Director of
Public Works or designee of the City, shall be installed and completed at the expense of
the Developer within the time frames set forth on Exhibit C The Public Improvements
required by this Agreement and shown on the construction documents approved by the
Director of Public Works of the City, the time frames for construction of the Improvements
and the itemized costs of these Improvements are set forth on Exhibit C if applicable All
Public Improvements covered by this Agreement shall be made in accordance with the
construction documents drawn according to regulations and construction standards for
such improvement and approved by the Director of Public Works of the City It is
understood by the Parties that the description of the Public Improvements may be general
in nature, and that reasonable modifications of the scope, nature, costs, and similar
aspects of the Public Improvements may be necessary to secure final approval of the
Public Improvements The quantities and locations for the Public Improvements are based
on information that was available at the time of approval of the Final Plat. Additional Public
Improvements may be required, and Developer shall be responsible for submitting
revisions to the Final Plat approved by the City
The Developer shall warrant any and all Public Improvements which are conveyed
to the City pursuant to this Agreement for a period of two (2) years from the date the City's
Director of Public Works certifies that the same conform with specifications approved by
the City Specifically, but not byway of limitation, the Developer shall warrant the following
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -2-
(a) That the title conveyed shall be marketable and its transfer rightful,
(b) Any and all facilities conveyed shall be free from any security interest or
other lien or encumbrance, and
(c) Any and all facilities so conveyed shall be free of defects in materials or
workmanship for a period of two (2) years as stated above
(d) To the degree the Developer is required to install and maintain landscaping
on public or private property, it is the obligation of Developer to maintain the
required landscaping for two (2) growing season(s)
The City will finally accept for maintenance all Public Improvements after the
warranty period has expired provided all warranty work has been completed The City shall
accept for snow removal purposes only, all dedicated public streets after the City issues
the first certificate of occupancy
7 Installation of Traffic Signal A traffic signal may be required to serve this
development. Determination of the need for the signal shall be made by the City's Public
Works Director, hereinafter "Director ", prior to building permit issuance and based upon a
traffic study for this development approved by the City The Developer shall provide
collateral for the estimated cost of installation of the traffic signal prior to building permit
issuance, if the Director has determined that a signal is needed Prior to building permit
issuance, the Developer shall provide traffic signal plans for approval by the Developer and
the Colorado Department of Transportation
The Developer shall notify the City in writing, a minimum of one hundred sixty (160)
days prior to the desired time of installation /modification of the traffic signal in order to
allow the City to coordinate the timing of the traffic signal improvements If the Director
approves installation of the signal based on meeting traffic warrants, the City shall then
notify the Developer in writing of the exact amount required for the traffic signal
improvements The Developer shall then make payment to the City in cash for the required
amount within sixty (60) days of receipt of such letter The City will not commence traffic
signal improvements until the Developer has paid to the City the total amount determined
by the Director to be the total cost of improvements
8 Observation, Inspection and Testing The City shall have the right to require
reasonable engineering observations and testing at the Developer's expense Observation
and testing, acquiescence in, or approval by any engineering inspector of the construction
of physical facilities at any particular time shall not constitute the approval by the City of
any portion of the construction of such Public Improvements Such approval shall be made
by the City, only after completion of construction and in the manner hereinafter set forth
The Director is designated by the City to exercise authority on its behalf under this
Agreement and to see that this Agreement is performed according to its terms Work
under this Agreement may, without cost or claim against the City, be suspended by the
Director for substantial cause
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -1-
The Director shall, within a reasonable time after presentation, make decisions in
writing on all claims of Developer and on all other matters relating to the execution and
progress of the work or the interpretation of this Agreement, the master plan and
specifications All such decisions of the Director shall be final
The Director shall make all determinations of amounts and quantities of work
performed hereunder To assist him in this work Developer shall make available for
inspection any records kept by Developer
The Director shall make all determinations of amounts and quantities of work
performed hereunder To assist him in this work Developer shall make available for
inspection any records kept by Developer
The Director and his authorized representatives shall have free access to the work
at all times, and Developer shall furnish them with facilities for ascertaining whether the
work being performed, or the work which has been completed, is in accordance with the
requirements of the Agreement.
The Director will make periodic observations of construction (sometimes commonly
referred to as "supervision ") The purpose of these observations and construction checking
is to determine the progress of the work and to see if the work is being performed in
accordance with the plans and specifications He will in noway be responsible for how the
work is performed, safety in, on, or about the job site, methods of performance, or
timeliness in the performance of the work.
Inspectors maybe appointed to inspect materials used and work done Inspections
may extend to all or any part of the work and to the preparation or manufacture of the
materials to be used The inspectors will not be authorized to alter the provisions of this
Agreement or any specifications or to act as foreman for Developer The Inspector will
have authority to reject defective materials and to suspend any work that is being done
improperly, subject to the final decision of the Director
9 Completion of Public Improvements The obligations of the Developer
provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be
performed on or before October 31, 2003 and proper application for acceptance of the
Public Improvements shall be made on or before such date Upon completion of
construction by the Developer of such Improvements, the City's Director of Public Works
or designee, shall inspect the Improvements and certify with specificity its conformity or
lack thereof to the City's specifications The Developer shall make all corrections
necessary to bring the Improvements into conformity with the City's specifications Once
approved by the City's Director of Public Works, the City shall accept said Improvements
upon conveyance, provided, however, the City shall not be obligated to accept the Public
Improvements until the actual costs described in this Agreement are paid in full by the
Developer
10 Protection Developer, at its expense, shall continuously maintain adequate
protection of all Improvements from damage prior to acceptance by the City and shall
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -4-
protect the City's property from injury and loss arising in connection with this Agreement.
Developer shall make good any such damage, injury or loss except such as may be
caused directly by authorized agents or employees of the City Developer shall adequately
protect adjacent property and shall provide and maintain all passageways, guard fences,
lights and other facilities for protection required by public authority or local conditions
Developer shall be responsible for damage to any public and private property on
and adjacent to the site of Developer's Improvements caused by negligent or willful acts
of Developer, its agents or subcontractors Developer shall take all reasonable effort
necessary to prevent damage to pipes, conduits, and other underground structures and
to overhead wires, and to water quality Developer shall protect carefully from disturbance
or damage all land monuments and property marks until an authorized agent of the City
has witnessed or otherwise referenced their location, and shall not remove them until
directed When any director indirect damage or injury is done to public or private property
by or on account of any act, omission, neglect or misconduct in the construction of
Improvements, or in consequence of the non - execution thereof on his part, such damaged
property shall be restored by Developer at its own expense to a condition similar or equal
to that existing before such damage or injury
Developer shall at all times, whether or not so specifically directed by the Director,
take necessary precautions to insure the protection of the public Developer shall furnish,
erect and maintain, at its own expense, all necessary barricades, suitable and sufficient
red lights, construction signs, provide a sufficient number of watchmen, and take all
necessary precautions for the protection of the work and safety of the public through or
around his construction operations as Developer and the Director shall deem reasonably
necessary
11 Related Costs - Public Improvements The Developer shall provide all
necessary engineering designs, surveys, field surveys, testing and incidental services
related to the construction of the Public Improvements at its sole cost and expense,
including final drainage study letter certified accurate by a professional engineer registered
in the State of Colorado
12 Improvements to be the Property of the City All Public Improvements for
roads, concrete curb and gutters, public storm sewers and public drainage improvements
accepted by the City shall be dedicated to the City and warranted for a period of twenty -
four (24) months following acceptance by the City, as provided above
13 Performance Guarantee In order to secure the construction and installation
of the Public Improvements the Developer shall, prior to recording the Final Plat, if
applicable, in the real estate records of Jefferson County, which recording shall occur no
later than ninety (90) days after the execution of this Agreement, furnish the City, at the
Developer's expense, with the Performance Guarantee described herein The
Performance Guarantee provided by the Developer shall be an irrevocable letter of credit
in which the City is designated as beneficiary, for one hundred twenty -five percent (125 %)
of the estimated costs of the Public Improvements to be constructed and installed as set
forth in Exhibit C, if applicable, to secure the performance and completion of the Public
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -5-
Improvements as required by Section 26 -413 of the Wheat Ridge Subdivision Regulations
The Developer agrees that approval of this Agreement by the City is contingent upon the
Developer's provision of an irrevocable letter of credit to the City within ninety (90) days of
the execution of this Agreement in the amount and form provided herein Failure of the
Developer to provide an irrevocable letter of credit to the City in the manner provided
herein shall negate the City's approval of this Agreement. Letters of credit shall be
substantially in the form and content set forth in Exhibit D, if applicable, and shall be
subject to the review and approval of the City Attorney The Developer shall not start any
construction of any public or private improvement on the Property including, but not limited
to, staking, earth work, overlot grading or the erection of any structure, temporary or
otherwise, until the City has received and approved the irrevocable letter of credit.
The estimated costs of the Public Improvements shall be a figure mutually agreed
upon by the Developer and the City's Director of Public Works, as set forth in Exhibit C if
applicable If, however, they are unable to agree, the Director of Public Works' estimate
shall govern after giving consideration to information provided by the Developer including,
but not limited to, construction contracts and engineering estimates The purpose of the
cost estimate is solely to determine the amount of security No representations are made
as to the accuracy of these estimates, and the Developer agrees to pay the actual costs
of all such Public Improvements
The estimated costs of the Public Improvements may increase in the future
Accordingly, the City reserves the right to review and adjust the cost estimate on an annual
basis If the City adjusts the cost estimate for the Public Improvements, the City shall give
written notice to the Developer The Developer shall, within thirty (30) days after receipt
of said written notice, provide the City with a new or amended letter of credit in the amount
of the adjusted cost estimates If the Developer refuses or fails to so provide the City with
a new or amended letter of credit, the City may exercise the remedies provided for in this
Agreement; provided, however, that prior to increasing the amount of additional security
required, the City shall give credit to the Developer for all required Public Improvements
which have actually been completed so that the amount of security required at all time shall
relate to the cost of required Public Improvements not yet constructed
In the event the Public Improvements are not constructed or completed within the
period of time specified by paragraph 9 of this Agreement or a written extension of time
mutually agreed upon the parties to this Agreement, the City may draw on the letter of
credit to complete the Public Improvements called for in this Agreement. In the event the
letter of credit is to expire within fourteen (14) calendar days and the Developer has not yet
provided a satisfactory replacement, the City may draw on the letter of credit and either
hold such funds as security for performance of this Agreement or spend such funds to
finish Public Improvements or correct problems with the Public Improvements as the City
deems appropriate
Upon completion of performance of such improvements, conditions and
requirements within the required time, the Developer shall issue an irrevocable letter of
credit to the City in the amount of twenty -five percent (25 %) of the total cost of construction
and installation of the Public Improvements, to be held by the City during the warranty
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -6-
period If the Public Improvements are not completed within the required time, the monies
may be used to complete the improvements > ,
14 Indemnification The Developer shall indemnify and hold harmless the City i
and its officers, employees, agents or servants from any and all suits, actions, and claims
of every nature and description caused by, arising from or on account of this Agreement
any act or omission of the Developer, or of any other person or entity for whose act or
omission the Developer is liable, with respect to the Public Improvements, and the
Developer shall pay any and all judgments rendered against the City as a result of any suit,
action, or claim, together with all reasonable expenses and attorney's fees and costs
incurred by the City in defending any such suit, action or claim
The Developer shall pay all property taxes on the Property dedicated to the City and
shall indemnify and hold harmless the City for any property tax liability
15 Waiver of Defects In executing this Agreement, the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby it is executed,
or concerning the power of the City to impose conditions on the Developer as set forth
herein, and concerning the procedure, substance, and form of the ordinances or
resolutions adopting this Agreement.
16 Third Party Beneficiaries There are and shall be no third party beneficiaries
to this Agreement.
17 Modifications This instrument embodies the whole agreement of the Parties
There are no promises, terms, conditions, or obligations other than those contained herein,
and this Agreement shall supersede all previous communications, representations, or
agreements, either verbal or written, between the parties There shall be no modification
of this Agreement except in writing, executed with the same formalities as this instrument.
Subject to the conditions precedent herein, this Agreement may be enforced in any court
of competent jurisdiction
18 Release of Liability It is expressly understood that the City cannot be legally
bound by the representations of any of its agents or their designees except in accordance
with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado
19 Captions The captions to this Agreement are inserted only for the purpose
of convenient reference and in no way define, limit, or prescribe the scope or intent of this
Agreement or any part thereof
20 Binding Effect This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, successors, and assigns as the case may
be
21 No Waiver No waiver of any of the provisions of this Agreement shall be
deemed or constitute a waiver of any other provisions herein, nor shall such waiver
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -7-
constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of
any default hereunder be deemed a waiver of any subsequent default hereunder
22 Invalid Provision If any provision of this Agreement shall be determined to
be void by any court of competent jurisdiction, then such determination shall not affect any
other provision hereof, all of the other provisions shall remain in full force and effect. It is
the intention of the Parties that if any provision of this Agreement is capable of two
constructions, one of which would render the provision void, and the other which would
render the provision valid, then the provision shall have the meaning which renders it valid
23 Governing Law The laws of the State of Colorado shall govern the validity,
performance and enforcement of this Agreement. Should either party institute legal suit
or action for enforcement of any obligation contained herein, venue of such suit or action
shall be in Jefferson County, Colorado
24 Attorneys Fees Should this Agreement become the subject of litigation to
resolve a claim of default of performance or payment by the Developer and a court of
competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's
fees and court costs
25 Notice All notices required under this Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage
prepaid, to the addresses of the parties herein set forth All notices so given shall be
considered effective seventy -two (72) hours after deposit in the United States mail with the
proper address asset forth below Either party by notice so given may change the address
to which future notices shall be sent.
Notice to Developer Richard Oneslager, Jr.
Crosswire Investments, LLC
5271 South Yampa Street
Centennial, Colorado 80015
Notice to City Greg Knudson
Interim Director of Public Works
7500 West 29`' Avenue
Wheat Ridge, CO 80215
26 Force Majeure Whenever the Developer is required to complete the
construction, repair, or replacement of Public Improvements by an agreed deadline, the
Developer shall be entitled to an extension of time equal to a delay in completing the
foregoing due to unforeseeable causes beyond the control and without the fault or
negligence of the Developer including, but not restricted to, acts of God, weather, fires and
strikes
27 Assignment or Assignments There shall be no transfer or assignment of any
of the rights or obligations of the Developer under this Agreement without the prior written
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -8-
approval of the City
28 Recording of Agreement This Agreement shall be recorded in the real estate
records of Jefferson County and shall be a covenant running with the Property in order to
put prospective purchases or other interested parties on notice as to the terms and 1
provisions hereof
29 Title and Authority The Developer, Crosswire Investments, LLC expressly
warrants and represents to the City that it is the record owner of the property constituting
the Property and further represents and warrants, together with the undersigned
individual(s) that the undersigned individual(s) has or have full power and authority to enter
into this Subdivision Improvement Agreement. The Developer and the undersigned
individual(s) understand that the City is relying on such representations and warranties in
entering into this Agreement.
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written
CITY OF WHEAT RIDGE, COLORADO
6y fo lui v�
Aen Cerveny, M or
ATTEST
Wanda Sang, City Clerk
' NAM
Gerald Dahl, City Attorney
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -9-
DEVELOPER
Richard Oneslager, Jr
Managing Member
STATE OF COLORADO
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2002, by ,, as
of
Witness my hand and official seal
My commission expires
(SEAL)
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 10-
Notary Public
EXHIBIT A
DESCRIPTION
A PARCEL OF LAND SITUATED IN THE NE 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, I I
RANGE 69 WEST OF THE 6 TH PRINCIPAL MERIDIAN, IN THE CITY OF WHEAT RIDGE,
COUNTYOF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING AT THE NW CORNER OF THE NE 1/4 OF SAID SECTION 25, THENCE
N89 0 59'58 "E ALONG THE NORTH LINE OF SAID NE 1/4 A DISTANCE OF 993 06 FEET,
THENCE S00° 17'55 "E ALONG THE WEST LINE OF THE E'' /z OF THE NE 1/4 OF THE NW
1/4 OF THE NE 1/4 OF SAID SECTION 25 A DISTANCE OF 30 00 FEET TO A POINT
LYING ON THE SOUTHERLY R.O W LINE OF WEST 38 AVENUE, SAID POINT BEING
THE POINT OF BEGINNING, THENCE N89 °59'58 "E ALONG SAID SOUTHERLY R.O W
LINE PARALLEL WITH THE NORTH LINE OF SAID NE 1/4 A DISTANCE OF 291 09 FEET
TO A POINT OF CURVE, THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD
BEARS S45 0 08'46 "E A DISTANCE OF 2116 FEET, SAID CURVE HAVING A CENTRAL
ANGLE OF 89 0 42'32 ", A RADIUS OF 15 00 FEET, AN ARC LENGTH OF 23 49 FEET TO A
POINT OF TANGENT LYING ON THE WESTERLY R.O W LINE OF DEPEW STREET;
THENCE S00° 17'30 "E ALONG SAID WESTERLY R.O.W LINE BEING PARALLEL WITH
AND 25 00 FEET WESTERLY OF THE EAST LINE OF THE E %2 OF THE NE 1/4 OF THE NW
1/4 OF THE NE 1/4 OF SAID SECTION 25 A DISTANCE OF 185 08 FEET; THENCE
S89 0 59'58 "W PARALLEL WITH AND 230 FEET SOUTHERLY OF THE NORTH LINE OF
THE NE 1/4 OF SAID SECTION 25 A DISTANCE OF 305.99 FEET TO A POINT LYING ON
WEST LINE OF THE E % OF THE NE 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SAID
SECTION 25, THENCE N00° 17'55 "W ALONG SAID WEST LINE A DISTANCE OF 200 00
FEET TO THE POINT OF BEGINNING,
EXHIBIT C
COST ESTIMATE FOR
PUBLIC IMPROVEMENTS
PERRIN'S ROW SUBDIVISION
WHEAT RIDGE, COLORADO
ITEM UNIT QUANTITY UNIT PRICE TOTAL
ROADWAY IMPROVEMENTS ALONG DEPEW STREET
SAWCUT EXISTING ASPHALT
LF
167
1.00
167.00
REMOVE EXISTING ASPHALT
SY
37
2300
851.00
REMOVE EXISTING COMBINATION
CURB GUTTER & SIDEWALK
LF
144
6.50
936.00
REMOVE EXISTING CONCRETE CURB CUT
SF
72
3.00
216.00
9" FULL DEPTH ASPHALT PATCHBACK
TON
23
45.00
1035.00
4" THICK CONCRETE SIDEWALK
SF
824
2.50
2060.00
8" THICK CONCRETE DRIVEWAY
SF
193
5.25
1013.25
DOUBLE 4" SOLID YELLOW LANE LINE
LF
72
5.50
396.00
8" SOLID WHITE LANE LINE
LF
35
5.50
192.50
SINGLE LANE USE ARROW
EA
1
150.00
150.00
DOUBLE LANE USE ARROW
EA
1
150.00
150.00
"NO PARKING, HERE TO CORNER" SIGN
EA
1
175.00
175.00
TRAFFIC CONTROL
EA
1
2500.00
2500.00
TRAFFIC CONTROL
EA
1
250000
250000
$ 12341 75
+ 25% CONTINGENCY $ 3085.44
TOTAL $ 1542719
B B A RESUBDMSION OF LC
E X H I SRUATED IN THE NE 1/4 1
CRY OF WHEAT RIDGE,
NBY'S8'38 2e48.t 8' V 5. T., OR BP iAM¢) _ _
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X106:
L RICHARD 0. ONESIAGER, JR.. BEING THE OWNER OF REAL PROPERTY
CONTAINING (61,151 SQUARE FEET) 1.4039 AIRES DESCMBED AS FOLLOWS:
OFSCRP :
A PARCEL OF LAND SITUATED IN THE HE 1/4 OF SECTION 25, TONNSWP
3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL WRICINN. IN THE CITY
OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE
PARTICULARLY OESC MD AS FOLLOWS:
COMMENGJM AT THE NW CORNER OF THE NE 1/4 OF SAO SECTION 25;
THENCE M759'56E ALONG THE NORTH UNE OF SAD NE 1/4 A
DWN40E OF 993.06 FEET; THENCE SOT17'55'E ALONG THE WEST
UNE OF THE E T/2 OF THE WE 1/4 OF THE NW t/4 OF THE WE 1/4 OF SAID
SECTOR 25 A D6fAGE OF 10.00 FEET TO A POI ON THE
SOUTHERLY R.O.W. UNE OF WEST 36TH AVENUE, SAID POINT BEING THE
POINT OF BEGINNING; THENCE M759'W'E HANG SAID
SOUTHERLY R.O.W. UNE PARALLEL WITH THE NORTH LANE OF SAD NE
1/4 A DSTANCE OF 291.09 FEET TO A POWT OF CURVE THENCE KONG
J
A CURVE TO THE RIGHT WHOSE CHORD (NEARS S4VM'46 A
DISTANCE OF 21.16 FEET, SN1 CURVE HAVING A CENTRAL ANGLE OF
'
6P43'32', A RADIUS OF 15DO FEET. M ARC LENGTH OF 23.49 FEET
TO A POINT OF TANGENT LYING ON THE WESTERLY R.O.W. UNE OF
W
C
DEPEW STREET; THENCE SO717'301 ALONG SAID WESTERLY
O �I
AND 25.00 FEET WESTERLY OF THE
R.O.W. UNE BEING PARALLEL WITH ER
rF F
0 _
EAST UNE OF THE E 1/2 OF THE WE 1/4 OF THE NW 1/4 OF THE NE 1/4 OF
SAID SECTId1 25 A DISTANCE OF 165.06 FEET: THENCE 5575955^6
PARALLEL WTH AND 231 FEET SOUTHERLY OF THE NORM UNE OF THE
DI STANCE A POINT
S^ �
A'P
1/4 OF THE
LYMO ON UNE OF E 2 OF THE HE 1/4 OF THEW
THENCE NOo Ir55W ALONG SAO
�'IeQ ME 1/4 OF SAO SECTION 25:
WEST LAZE A DISTANCE OF 20)DO FEET TO THE POINT OF BEGINNING;
MK LAD WT, SUBOMDED AND PUTTED SAD LAND AS PER THE
ML
DRAWTNG HEREON COMANED UNDO THE NAME AND STYE OF
PFRRIN'S ROW SUBDIVISION, A SUBDM90N OF A PART OF THE CITY OF
G �
WHEAT RIDGE COLORADO AND BY THESE PRESENTS DO DEDICATE TO
b
THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR
MUNICIPALLY FRAKHISEO UTUMS AND SEANCES THOSE PCFM IVS OF
I�G b
REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTOR,
INSTALLATION, ORERAFCN. MAINTENANCE, REPAIR AND REPLACEMENT
ti
LL
FOR A SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE
AND ELECTRIC LINES, GAS LINES. WATER AND SIM IRf SEWER ONES,
SEWER SYSTEMS AND PIPES. DETENTION PONDS.
yHYYD�RANTS.S
!IR[[I tM 11J RIB !Q IAPP
% ]
RICHARD D. ONESLIGER, JR.
BY 645!q� C
SIGNATURE
STATE OF COLORADO 155
1
WUNIY Qf Rew FNMA[ )
,gym RED ■6Y .�.�W,N+
•� 5�
YIWW (1011 � =' .W""°'°_. `O„„„` .. ��
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE
Ot E -D ER, OF Q It To E I R . A.D. 200_x BY .
I
WITNESS W NANO AND GETOUT SEAL 1
MY fAYYISSIdi ENPW 'I�idO(i
; :Zu
I �TaRFZVBOI: �-- ll Ita�
HO OF S) TRUST HEREBY RELEASES CWM TO AREAS
o91c.�TED TD
v 6 . • � �'F. A.LL FKP- -YSMK
J
MARKS USED ON THIS SURVEY ME BASED ON THE CITY OF WWGT
RIDGE DATUM. WHICH IS THAT THE MOMN UNE OF THE NE I/4 OF
SECTION 25. TM., R."W., OF THE 6TH P.M. BEARS 16159'S6E
BOUNDED AND REFERENCED BY THE MONUMENTS SHOWN HEREON.
BASED ON FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO.
065079 DOM C COVERING THE CITY OF WHEAT RIDGE AND DATED
FEBRUARY 4. 1968 ISSUED BY'7HE FEDERAL EMERGENCY
MANAGEMENT AGENCY, THE SUBJECT PROPERTY IS IN ZONE C,
DEFINED AS 'RAGS OF MINIMAL ROOOVNC' MO IS HOT SM ATED IN A
SPECIAL ROOD RAZMD ARG
THE STORM DETERTKM AREA HERE SHOWN AS DETENTION POND EASEMENT 'A'
MD DETOTX)N POND EASEMENT 'B' SHALL BE CONSTRUCTED AND
MAINTAINED BY THE OWNER AND SUBSEQUENT O'NNERS. HEIRS. SUCCESSORS
M NS
D ASSIGNS. IN THE EVENT THAT SUCH CONSMUCTION AND MA IEWNCE IS
NOT PERFORMED BY SWO OWNER, THE CRY OF WHEAT RIDGE SNV1 HAYS THE
RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF
WHICH SAID OWNER, HERS. SUCCESSORS AND ASSIGNS AGREES TO PAY. NO
BUILDING OR STRUCTURE WILL BE CONSTRUREO IN THE DETENTION AREA AND
NO CHANGES OR ALTERATIONS AFFECTING THE HYDPAUuC CHAMCfERISlICS
of THE DETENTION AREA KILL BE MADE WITHOUT THE APPROVAL OF THE
DIRECTOR OF PUBLIC WORKS.
THE OWNERS OF LOTS I THROUGH 13. INCLUSNE, BLOCK I OF PERRINS
ROW SUBOMSON. HIS SUCCESSORS MO ASSIGNS GRANS LIMITED
RIUTS WHO PRMLEGE OF ACCESS TO, AND FREE MOVEMENT THROUGH
ALL CURB GIBS, PARKING AREA AND ORNE AISLES WITHIN THESE LOTS.
SUCH GRAM of EASEMENT SHALL BE UNITED TO THE OWNERS,
TE1 gMT CUSTOMERS, AND GUESS OF THE OWNERS. VINO SH.0 L
,FURTHERMORE GRIM ACCESS To, AND FREE MOVEMENT THROUGH SAJD
EASEMENTS To THOSE ENTERING SAID MEN I I FROM /11 FROM
EAS
ABUTTING PUBLIC ST MOM ADJACENT PROPERLIES. MD /OR FRDY
2 2 3C
0 6 20 40
SCALE: 1" - 20'
IED
LOTS I THROUDR 13, NCWSNE, BLOCK 1 OF THIS SUBDNISION AREA ZONED
PMUD (PLANNED MIXED USE DEVELOPMENT).
NoN- E%CWSNE EASEMENTS GRANTED ACROSS LOTS 7, B AND 13 ARE HEREBY
DEDgCAED To THE PERRIN'S ROW SUBDIVISION HOMEOWNERS ASSOCNTION
FOR THE AWNRNV6:E, RERAN A10 /OR REPLACEMENT Of COMMON ELEMENT
I4PROVEYFNTS CONSTRUCTED WTiWN SAID EASEMENTS
THIS ,/A{{ TO CERTIFY THE WITHIN PUT HAS BEEN APPROVED BY THE
PL411,/ RLNG COMMISSION OF THE CITY OF WHEAT FOODS, COLORADO.
I
NOTICE
ACCORDING TO COLORADO LAW TMI MUST COMMERCE ANY LEGAL ACTON
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN rMZr )'FLITS' AFTER
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT , MAY ANY ACTON BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN > N HEARS'
FROM THE DATE OF THE CERTFl ON SHO'W'N HEREON.
ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC
WAD SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY
COMMRS A CLASS TWO(2) MISDEMEANOR PURSUANT TO STATE STATUTE
16 -4 IRRI. OF THE COLORADO REVISED STATU7E.
Y
[X1LMY REmNFFx mmn ^ATMw.
Ac '149[64 UNG IN THE OFFICE OF
OF THE COUNTY CLERK AND RECORDER OF AECEPT 7 - --
EFFERSON COUNTY AT GOLDEN. COLORADO
ON THIS _ DAY OF
2Q_ AT _O'CLCCK
JEFFERSON COUNTY CLERK M10 RECORDER
BY'. DEPUTY CLERK
LEGEND
(BY PAT) PER TIE PLAT OF BMMM
1xT16Ww1OM PUT
CITYWIDE BANKS
EXHIBIT D
Banla'ng With the Human Touch.
October 31, 2002
City of Wheat Ridge
7500 W 29 Ave.
Wheatridge, Co 80215 -6713
10660 E. Colfax Ave.
Aurora, Colorado 80010
To Whom It May Concern: (303) 365 -3600
Fax (303) 365 -3601
We hereby authorize you to draw on us for the account of Crosswire Investments, LLC
and Richard Oneslager up to an aggregate amount of $15,427 19 (estimated cost of improvements) Aurora13731 , Mississippi Ave.
, Colorado 80012
(303) 365 -4000
available by your drafts at sight for 125 percent invoice value accompanied by your signed statement Fax(303)365 -4001
that the above is drawn in payment of street improvements covering west side of Depew St. 8101 E. Belleview Ave.
Denver, Colorado 80237
Each draft presented under this Letter of Credit must state that it is drawn under Letter of Credit (303) 365 -4080
Fax (303) 365 -4081
of Citywide Banks dated 10 -31 -02 and the amount endorsed on this Letter of Credit.
12075 E. 45th Ave.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and Denver, Colorado 80239
(303)365 -8000
incompliance with the terms of this credit that such drafts will be duly honored upon presentation to Fax (303) 365 -8001
the drawee.
1)iniry Place, Suite 700
1801 Broadway
pn Denver, Colorado 80202
(303) 365 -3800
Fax (303) 365 -3801
'
a Lim
i V rncresident, Citywide Banks 33455. Wa Colorado 802
Lakewood, Colorado 80227
(303) 365 -8040
Fax (303) 365 -8041
9500 W 49th Ave.
Suite C100
Wheat Ridge, Colorado 80033
(303) 365 -8060
Fax (303) 3658061