HomeMy WebLinkAboutGemini SubdivisionSUBDIVISION IMPROVEMENT AGREEMENT
r ll THIS AGREEMENT made this Jll of Allowt , 20l 9 (the
1 "Effective Date") by and between the CITY OF WHEATRIDGE, COLORADO, a home
rule municipal corporation (the "City"), and the owners, JOHN ROACH, HELEN .
DEGENNARO, AND GREGG MARKOS (collectively the "Developer'), and the City and J:
Developer together referred to as the "Parties."
RECITALS
A. The Developer is the owner of certain real property located in the City of
Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof
(the "Property"), commonly known as the Gemini Subdivision.
B. On June 24, 2019 the City of Wheat Ridge approved the final plat for the
Property titled Gemini Subdivision (the "Final Plat"). A copy of the Final Plat is attached
hereto as Exhibit B and incorporated herein.
C. 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. Related City Agreements and Approvals. The Property will be subject to
future review and approval of site plan(s), civil construction documents, right-of-way
permit application(s), and building permit application(s). Through such approvals, the
City will review and approve the final design any development and Public Improvements
related thereto. This Agreement is based on information available at the time of
approval of the Final Plat and shall not constitute approval of the Public Improvement
designs.
As a part of the right-of-way permit, the Parties have agreed to waive the City's
requirement for resurfacing to the centerline based on street cuts on W. 38th Avenue. The
Developer agrees to limit the number of street cuts to the greatest extent possible. Upon
completion of the City's reconstruction of W. 38t" Avenue, the Developer will be subject
again to the City's requirement for resurfacing based on street cuts.
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JEFFERSON COUNTY, Colorado
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. Parkland dedication fee -in lieu. Fees in lieu of land dedication shall be
calculated pursuant to the formula in Section 26-413 in the amount of $14,151.34 for the
seven new residential units and shall be paid at the time of plat recordation. Credit is
given for the existing residential unit on the property.
5. Title Policv. Prior to recording of the Final Plat, a title commitment for all
those portions of the Property, as well as any other interests in real property
(easements, etc.) to be reserved for public purposes or dedicated to the City shall be
provided to the City. The title commitment shall show that all such property 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) which would make the dedication or reservation unacceptable as the City
determines in its reasonable discretion. The City, in its sole discretion, may accept any
dedication regardless of encumbrances. The title policy evidenced by the title
commitment shall be provided within thirty (30) days after the recording of this
Agreement, in an amount equal to the fair market value of the property so dedicated or
reserved.
6. 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 permit 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.
7. Installation of Public and On -Site Improvements. All storm sewer lines,
drainage structures, paved streets, curb, gutter, sidewalk, amenity zones, street and
pedestrian lighting, shared access drives, the undergrounding of all overhead utilities,
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and necessary appurtenances as shown on the subdivision plat and the associated
construction documents (the "Public Improvements" or "Improvements") as approved by
the City's Director of Public Works or designee ("Director"), shall be installed and
completed at the expense of the Developer within the timeframes set forth in Section 10
of this Agreement and as outlined in Exhibit C. The Public Improvements shall be
substantially complete, with only such exceptions as shall be approved in advance by
the Director in the exercise of his or her sole discretion, prior to the issuance of any
Certificate of Occupancy on the Property.
The itemized costs of the Public Improvements required by this Agreement and
shown on the construction documents approved by the Director are set forth on
Exhibit D. 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. 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 construction documents for review of all Public Improvements and/or
revisions to the Final Plat approved by the City.
8. Warranty of Public Improvements. 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 Director certifies that the same conforms to
the specifications approved by the City (the "Warranty Period"). Specifically, but not by
way of limitation, the Developer shall warrant the following:
(a) That the title conveyed shall be marketable and its transfer rightful;
(b) Any and all Public Improvements conveyed shall be free from any security
interest or other lien or encumbrance; and
(c) Any and all Public Improvements so conveyed shall be free of defects in
materials or workmanship for a period of two (2) years as stated above;
and
(d) To the degree the Developer is required to install and maintain
landscaping on public or private property, it is the obligation of Developer
and its successors and assigns, to maintain the required landscaping in
perpetuity.
The City will finally accept for maintenance all Public Improvements, exclusive of
landscaping materials, after the two-year 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.
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9. Observation, Insi)ection 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.
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 no way 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 may be 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.
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10. Completion of Public Improvements. The obligations of the Developer
provided for in Section 7 of this Agreement and Exhibits C and D, including the
inspections hereof, shall be performed on or before October 31. 2021, 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
Director, shall inspect the Improvements and certify with specificity its conformity or lack CJ
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 Director, 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.
11. Deferred Installation of Landscaping and Financial Guarantee. If a
Certificate of Occupancy is requested prior to completion of landscaping and irrigation,
an irrevocable letter of credit or escrow account shall be accepted for the completion of
necessary landscaping and irrigation. Said financial guarantee shall be in the amount of
one hundred and twenty five percent (125%) of the cost of installation. Letters of credit
or escrows shall not be released until all planting and finish materials shown on the
approved landscape plan are installed and accepted and the irrigation is installed and
functional. The amount of the escrow or letter of credit shall be based on the itemized
cost estimate for required landscaping and irrigation set forth in Exhibit D. Should the
required landscaping not be properly installed upon the expiration of the letter of credit
or escrow account, the City reserves the right to use such funds to have the required
landscaping placed upon the subject premises. Any costs reasonably incurred by the
City in excess of the funds provided by the letter of credit or escrow shall be recovered
by the City through normal lien proceedings.
12. Public Improvements on W. 381h Avenue. The City is redesigning the
intersection of Kipling Street and W. 38th Avenue and designing back of curb
improvements between said intersection and Lena Gulch. If, based on the timing of the
roadway improvements and the timing of the development of the Property, the Director
determines it is impractical for the Developer to construct Public Improvements along
W. 38th Avenue, the Developer shall be responsible for constructing an Interim Design
and paying a fee -in -lieu of construction of the final design.
In the Interim Design condition, the Developer shall be responsible only for the
construction of a 6-foot detached sidewalk on the north side of W. 38th Avenue and
temporary asphalt compliant with Fire Marshal specifications. Fees in lieu of
construction shall be provided by the Developer to the City for the permanent condition,
including for street paving, curb, gutter, and amenity zone landscape and furnishings in
the amount of $35,417, as set forth in Exhibit D. Fee shall be paid prior to issuance of
the first vertical building permit.
If the Director determines it is practical for the Developer to construct Public
Improvements along W. 381h Avenue, the cost as set forth in Exhibit D shall be provided
as part of the financial guarantee described in Section 16 below.
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The Director's determination shall be made prior to the issuance of the first
vertical building permit.
13. Protection. Developer, at its expense, shall continuously maintain
adequate protection of all Improvements from damage prior to acceptance by the City
and shall 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 direct or 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 the Property's construction operations as Developer and the Director
shall deem reasonably necessary.
14. 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.
15. 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.
16. Performance Guarantee for Public Improvements. In order to secure the
construction and installation of the Public improvements the Developer shall, within
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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 a check payable
to the City of Wheat Ridge (the "Performance Guarantee"), which the City will negotiate
and the proceeds of which the City will hold in escrow, in the amount of $6,324, which
is 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, to secure the
performance and completion of the Public Improvements as required by Section 26-418
Security for Required Improvements, 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 the Performance Guarantee. Failure of the Developer to
provide this Performance Guarantee to the City in the manner provided herein shall
negate the City's approval of this Agreement. The Developer shall not start any
construction of any public or private improvement on the Property including, but not
limited to, staking, earthwork, overlot grading or the erection of any structure, temporary
or otherwise, until the City has received and approved the Performance Guarantee.
Notwithstanding the foregoing, the Developer may obtain the appropriate permits and
commence demolition and/or remediation of the Property prior to the City's receipt and
approval of the Performance Guarantee.
The estimated costs of the Public Improvements shall be a figure mutually
agreed upon by the Developer and the Director, as set forth in Exhibit D if applicable.
If, however, they are unable to agree, the Director's 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 Section 10 of this Agreement or a written extension of time
mutually agreed upon by 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
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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.
The Performance Guarantee will be retained in full in escrow by the City until all o
Public Improvements are completed and accepted by the City. 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 (including the cost of landscaping), to be held by the City during the
Warranty Period. If the Public Improvements are not completed within the required
time, the monies may be used to complete the improvements. If the Public
Improvements require repair or replacement during the Warranty Period and the
Developer fails to complete said repairs or replacement prior to the end of the Warranty
Period, the City may draw on the letter of credit to make required repairs or
replacements to the Improvements.
As further assurance that no individual lot is sold prior to completion of Public
Improvements and other on -site horizontal infrastructure necessary to yield developable
property, a Declaration of Covenant and Restriction, dated Avg wtf 5 Z019
has been recorded with the Jefferson County Clerk and Recorder under reception
number Zo I R 0 4 Z$I
17. Indemnification. The Developer shall indemnify and hold harmless the
City 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 due on any portion of the Property
dedicated to the City and shall indemnify and hold harmless the City for any property tax
liability in connection therewith.
18. 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.
19. Third Party Beneficiaries. There are and shall be no third party
beneficiaries to this Agreement.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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
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.
25. 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.
26. 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.
27. 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.
28. 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
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shall be considered effective seventy-two (72) hours after deposit in the United States
mail with the proper address as set forth below. Either Party by notice so given may
change the address to which future notices shall beAent
Notice to Developer:
cD 90A-�6
Notice to City: Director of Public Works
7500 West 29th Avenue
Wheat Ridge, CO 80033
City Attorney
7500 West 29th Avenue
Wheat Ridge, CO 80033
29. 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.
30. 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 approval of the City.
31. 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 provisions hereof.
32. Title and Authority. The Developer 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.
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CITY OF WHEAT RIDGE, COLORADO
By:
Bud Starker, Mayor
ATTEST:
'�rvy-m 1�fivev .
J Ile Shaver, City Clerk
APPRO TO FORM:
Gerald Dahl, City Attomey
(S
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DEVELOPER
Gregg Markos, Owner
By: dq'-M ls-4 '4-�
John Roach, Owner
By: / c:
Helen Degennaro, Owner
J 1
By:
STATE OF COLORADO )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
AA tGS7— , 20 /9 , by Gregg Markos, Helen Degennaro, and John Roach, as
Owneg of the Property.
Witness my hand and official seal.
My commission expires: �D ► �d
JODI L SAROS
NOTARY PUBW
STATE OF COLORADO
NOTARY ID 20144010002
,, W COMM EXPIRES MAYOff, 2022
(SEAL)
Wme'rJ21"i4jr0/ �
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EXHIBIT A
Legal Description of Developer Property
LOTS 1 THROUGH 8, GEMINI SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO
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EXHIBIT B
Final Plat (Gemini Subdivision)
(see attached)
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GEN41M SLTMMSION
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TOVW 3 !OUZEL RA14M it WW 01F 7 ® PANKRALMOMMKMTOPWRATEMCK
aOanf (wnMwaKvu=4w0M=LAw
�P 1 OF 2
OWNER'S CERTIFICATE
W£, GREGG MARKOS AND HELEN DEGENNARO AND JOHN ROACH, BEING THE OWNERS OF REAL PROPERTY
CONTAINING 04660 ACRES DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN 7HE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 67H PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STA IF OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST DNE-HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 21, WHENCE THE SOUTH QUARTER CORNER THEREOF BEARS SOUTH 89
DEGREES 12 MINUTES 4J SECONDS WEST (SOUTH 8972;50" WEST MEASURED), A DISTANCE OF 1981.67 FEET
(1981.55' CALCULA rFD);
THENCE NORTH DO DEGREES 08 MINUTES 23 SECONDS WEST (NORTH 0OW 21" WEST CALCULATED) ALONG
THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 21, A DISTANCE OF J000 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST 381H
AVENUE, BEING THE POINT OF BEGINNING,•
THENCE CONTINUING NORTH GO DEGREES 08 MINUTES 23 SECONDS WEST (NORTH 00-0821" WEST
CALCULATEO) ALONG THE WEST LINE, A DISTANCE OF 740.00 FEET,•
THENCE NORTH B9 DEGREES 72 MINUTES 43 SECONDS EAST (NORTH 897250" EAST CALCULATED), A
DISTANCE OF 145.00 FEET, -
THENCE SOUTH 00 DEGREES 08 MINUTES 2J SECONDS EAST (SOUTH OOV"7" EAST CALCULATED), A
DISTANCE OF 140.00 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF WEST J87H AVENUE,
THENCE SOUTH B9 DEGREES 12 MINUTES 43 SECONDS WEST (SOUTH 897250" WEST CALCULATED), ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 14500 FEET TO THE POINT OF BEGINNING.
COUNTY OF JEFF£RSON, STATE OF COLORADO.
CONTAINING 20,297 SQUARE FEET OR 0.4660 ACRES OF LAND, MORE OR LESS
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE
NAME AND STYLE OF "GEMIN/ SUBDll4S70N : A SUBD/WSYON OF A PART OF THE CITY OF WHEAT RIDGE,
COLORADO AND BY THESE PRESENTS DO D£OICA IF TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE
PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND 00 FURTHER DEDICATE TO THE CITY OF
WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UDLIRES AND S£RNCES
THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSFALLA RCN,
OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT /S NOr L/M/7LE
TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS STORM
WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO.
. f6lac1 Ct
jUIN R. •CH DATE
NCrlA' l �/�t�CKI�jOWLEDGMENTS
STATE OF oY )
1 ss
COUNTY aA/
IHf EGO/NG GER77F/CA IF D£DICAD AND 00 P W S ACKNOWLEDGED BEFORE M£ THIS ` OAY OF
zo By
�.
� DI LL /BAR4S
NOTARY BLIC STATE �iAR� PUBLIC
/� OF COLORADO
MY COMMISSION EXP/TIES.- I"( M�� L _ 4 Y 10 2DI401,LV�>M
ADDRESS OF NOTARY• YY f7 /[J/ �A. � `/Y" EVpES 1A1 O
STATE OF GG
SS
COUNTY
TH C0l C£RTFICA 7F F DEDICApp SAND f7✓£RSHI_ _ P WAS ACWPeWLE7L'£0 BEFORE ME THIS _DAY OF
JODII���gLv��AROS
MY COMMISSION EXP/TIES A�' NOTARY "�PUBUC� �/�
ADDRESS OF NOTARY. STATE OF COLORADO
NARY ID 20144016M
�J� �t • -fly COWWSSIOM EXPIRES MAY Ok 2=
COUNTY rr
THE LY+%LFICA DEVICA7 AND -' ti'ERS WAS ACKNOWLEDGED BEFORE ME THIS ' ` DAY OF
27 By
NOTARY F � Y�O/'�®�gI E BAR08
MY CGUM1557ON EXPIRES.- I� Z
ST/.®FJOL DO
ADDRESS OF NOTARY, ROTA/ID 2014010Mxy OWAS0
EXPIRES MAY (A i0?1
VICINITY MAP
Scale: i'=z000'
ACCEPTANCE ACKNOWLEDGMENT
THE CITY OF WHEAT RIDGE, COLORADO, HEREBY ACCEPTS THE OEDICA77CN AND CONVEYANCE TO THE Dry OF THOSE LOTS TRACTS EASEMENTS AND
OTHER INTERESTS IN REAL PROPERTY DENOTED ON THIS PLAT AS BRNG DEDICATED TO THE CITY FOR PUBLIC PURPOSES.
MAYOR
ATTEST
CITY CLERK
PLANNING COMMISSION CERTIFICATION
RECOMMENDED FOR APPROVAL THIS _ DAY OF - 20 ____ BY IHE WHEAT RIDGE PLANNING COM14I5510N.
crNrcr[nwn
CITY CERTIFICATION
APPROVED THIS ____ DAY OF --- _--
A nEsr
CITY CLERK
COMMUNITY OEVRGPMENT DIRECTOR
DIRECTOR OF PUBLIC WORKS
20 BY THE WHEAT RIDGE CITY COUNCIL.
BASIS OF BEARINGS
SOUTH 89'1250" WEST, BEING THE BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTFR (SE 114) OF SECTION 21,
TOWNSHIP J SOUTH, RANGE 59 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS D£RNED AND MEASURED BETWEEN THE MONUMEN75
FOUND AND SHOWN HEREON.
STATEMENT OF ACCURACY
THE GEOD£7IC POINT COOROLNA TE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COL ORADO
CENTRAL TIPS G502 COORD/NA TE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLAS57FLCA DON OF G..07 U.S. SURVEY FEET AT
THE 959 CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPA 77AL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC
CONTROL SUBCOMMIT7FE (FGDC-S7D-0072-1998).
Case History
WS-19-02, WSP-1"S, WZ-15 M
GENERAL NOTES
1. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YUU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY D£FECr IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE
DATE OF THE CERDFICA TON SHOWN HEREON.
2 THIS SURVEY DOES NOT CONS7777ITE A TILE SEARCH BY POWER SURVEYING CO.. INC. FOR INFORMA DON
REGARDING BOUNDARY, EASEMENTS AND TITLE, POWER SURVEYING CO.. INC. RELIED UPON THE FOLLOWING
ODE COMMITMENT ISSUED BY OLD REPUBLIC NA TONAL ORE INSURANCE COMPANY. -
COMMITMENT No. K70568216.1, WITH AN £FFECTVE DATE OF OCTOBER 12, 2018 AT 5: 00 P.M.
J FLOOD ZONE DESIGNA TGN- THE SUB,ECr PROPERTY LIES EN77REL Y W 7XIN ZDNE X (AREAS DETERMINED
TO BE OUTSIDE THE 0.2% PERCENT ANNUAL CHANCE FLOODPLA/N), AS SHOWN ON FEMA FIRM
MAP
*V8059 C 0214F, WITH AN EFFECTIVE DATE OF FEBRUARY 5, 2014.
4. FIELD SURVEY COMPLETION COMPLETION DA T£ OCTOBER 22,, 2018.
5. THE SUBJECT PROPERTY CONTAINS 120.298 TOTAL SQUARE FEET OR t0.4660 ACRES OF LANO.
6. ALL DISTANCES FOR THIS PLAT ARE SHOWN USING (GROUND) MOD/RED SrA 7E PLANE MEASUREMENTS
(Us. SURVEY FEET ROUNDED TO THE NEAREST 0.01) CONSISTENT WITH THE CURRENT CITY DATUM.
a. THE CURRENT CITY DATUM COORDINA IF SYSTEM USED IS A GROUND -BASED MODIFIED FORM OF THE
NA08JI92 SrA IF PLANE COOROlNA IF SYSTEM, COLORADO CENTRAL ZONE 0502.
b. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).
c. GROUND TO GRID COMBINED SCALE FACTOR /S 0.99974780300, SCALED FROM BASE POINT PHACI
(PERMANENT HIGH ACCURACY CONTROL POINT R) HA NNG THE FOLLOWING NA08JI92 STA 7E PLANE
COORO/NA rES.,
PHACI:NORTH/NG.- 1701258.75, EASTING 311621758, ELEVATIONN, 5471.52 FEET
7 UTLlrY EASEMENTS: EASEMENTS ARE H£R£BY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE
PLAT THESE EASEMENTS ARE DEDICATED FOR THE /NSTALLA DON, MAINTENANCE AND REPLACEMENT OF
ELECTRIC, GAS, 7ELEWSION CABLE, DRAINAGE AND TEL£COMMUN/CA TONS FACILITIES PERMANENT
STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS
8. THE OWNER AND HIS SUCCESSORS AND ASSIGNS HEREBY GRANTS LIMITED RIGHTS AND PRIVILEGES TO
ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS EMERGENCY ACCESS, PRIVATE
ACCESS AND UTILITY EASEMENT" AS SHOWN DIV THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED
TO THE OWNERS. TENANTS CUSTOMERS AND GUESTS OF THE OWNERS AND SHALL FURTHERMORE GRANT
EMERGENCY VEHICULAR ACCESS AND THE PLACEMENT AND MAINTENANCE OF URUIZES
SURVEYOR'S NOTE
PER COLORADO REVISED STA TUTFE SEC 38-51-106 (1). ALL LINEAL UNITS DEPICTED ON THIS LAND
SURVEY PLAT ARE U S SURVEY FEET ONE METER EQUALS J9 J7 OLVVED BY 12 U.S. SURVEY FEET
ACCORDING TO THE NA TONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. "
SURVEYOR'S CERTIFICATE
L RICHARD B. GABRIEL, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF "GEM/N/ SUBDIVISION"
WAS MADE BY M£ OR UNDER MY DIRECT SUPERWSION AND TO THE BEST OF MY KNOW2EDGE, INFORAHA 77ON
AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES CURRENT REVISED ED/TON AS
AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY.
RICHARD B. GABRIEL P.L.S
COLORADO LICENSE N0. J7929
FOR AND ON BEHALF OF POWER SURVEYING COMPANY, INC.
720 W. 84TH AVENUE, UNIT 240
THORNTON, CO 80260
(303) 702-1617
ww.powersorr Nng—
COUNTY CLERK AND RECORDER'S CERTIFICATE
ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF CFFERSON COUNTY AT GOLDEN,
COLORADO THIS ____ DAY OF 20
BY —_
DEPUTY CLERK
SHEET INDEX
SHEET 1- COVER SHEET
SHEET 2- PLAN NEW
Z.m
COVER SHEET
GEA41NI SUBDIVISION
APMMCIFIZB BOQMARrQUA�OB V4)(W 7M SOQ1BLM! QaAR'MQI61fh CIF 0[.`1> 1 216
'1O 11` 91 r rl .MM & W= OlF'1>m1=1R1KVAL3MMAH. Cl1TCW VMM0 !1a[>$i
ODMITY(WurmcrICOL MW
$ Z0FZ
SPECIAL FLOOD HAZAAD AREA LINE PER
F.I.R.M. PANEL 08059COZ13F DATED
4 IJj
FOUND J-1/4" DIAM ALUM. CAP IN RANGE
BOX, MARKED AS SHOWN (ACCEPTED AS C 1/4
2-OS-2014 (PLOTTED LOCATION IS UNFLATTED
APPfl010MA1L7 2;ONIDR-1
TRACT A ofWbeat Rx1p DmW GLoap S.Ixfi 1 m
FOUND 15 REBAR & 2" OIAM. E pp®
C[lj
(" US R69W
c •t A
�t 52tT
CUR OF SEC 21, T. JS, R. 69W.)
CITY OF WHEAT RIDGE
POINT 14309:
FOUND 15 REBAR & 1-J/4•
DIAM. ALUM CAP, ZANE ENO'
(PLS /' ILLEGIBLE)
ALUM GAP, PL5 7660E
N8972'S01E 14.R00(M)(R)
,
983pSy
j
CfCY OF RHEAT RIDGE DATUM:
N 708384.909E
CITY OF WHEAT RIDGE DATUM:
N 705934.8709
I:yo 72.50'
E I07B5535 .10
E L09850.5. 6
o
LENA GULCH CRAWA(E ANp _
MOOD CONTROL EASEMENT JI_ 3.
b� -I,
/ S HEREBY CRM9.ED BY "1 PLAT FpVL'hL 1
(SEE NOTE, THIS SHEET) Mom\ L55\ (OS'7gy
I 16�p\'5s' HERE F9
I
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ti
p�Wp�
EPN �Ex�N�
(
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IoNBM� P
2,471 s.If•.�(0.0587 F�/
M 2,531 e.LO(O.OSBl ac.)
I
FOUND 15 REBAR & 1-1/2'I
DIAM YELLOW PLASTIC CAP,
RE1.
I ZONED MU-.N
ZONED MU-N
I
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[
PLS 24966
I
I
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/
3
N 139'E
50' / 72
I 72.49
1
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f I
LOT6
I LOT 6
w 2.1.58 8.1. (0.0564 W.)I
2,458 s.f. (0.0564 ac.)
ZONED MU-N
/
ZOtfEO MU-N
I
-
I oA
I
'
If) WCIE OR4NACF EASEMENT
I :0 W@i IpAANAGE fek EmN1 - _
-
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I+I'I"iii CJYAFI IED 31 T4G I;A'
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CIF
3
--------------------------
----1------------=1...'
----- - - - - -
1
LOT 3
j I LOT 4
ml\
2,4p5 0. IO.Dn70 ar.)
I 2,495 s.f. (0.0573 ac.)
$I
a
I [OWED MU-71
I I ZONED MU-N
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pp
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12
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N89'51' 9'
72.50
I NB 51'39"E
I 7249'
ElI
I 24 WIDE EMERGENCY ACCESS,
I i
I PA VATE ACCESS AND UTILITY
I a
1V
ELwEMENT HEREBY GRANTED BY
I w
I
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I a
w
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I ON SHEET 1)
I
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<m
<o I
I
1
CITY OF WHEAT RIDGE DATUM:
�' w a I LOT 1
I j LOT 2
t o
I
N 709 50.9278
E 109850.9278�
o I
2,434 s.P. (0.0559 ac.)
I I 2,375 J. (0.0545 ac.)
ZONED MU-N'm
I
BGLE 1'� f0
POINT BEGINNING
'm ZONED MU-N
-
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m
OF
FOUND 15 REBAR & 1-1/2'
I I
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IV 0 9 10
DIAM ILLEGIBLE YELLOW
PLASRC CAP, DONW 0.6'
I
I
I
I
CITY OF WHEAT RIDGE DATUM:
I
N 705794.6745
I V 72.50'
E 109850.9375�
72,50'
PUBLIC RIGHT-OF-WAY UNE
��
-SR9YZ!W 14J.Ov W(R)
I
FOUND 15 REBAR &
2" DIAM. ALUM CAP,
PLS 26606
CITY OF WHEAT RI GE DATUM:
N 705936.6601
E 109995.5840 I
4'hY
dud ed 6y Ihis plat
(
/ I
580 s.f. (0.0133 ac.)
1
3I
RM
W. 38th AVENUE
t9s1'
zl
Public right-of-way (width varies)
PLYNT OF COAlMECEMENT
(SW CLW OF 7HE £ 0 OF THE SE 1/4 OF THE
SE 114. OF ,SEC 21, T. JS, R. 69W, 6M P.M.)
1960.6Y(OEED)
19BL55(CJ
- -
l
- - - - - -
- - - __
660.51(C)
_--
58977'S0W 2642.05(M)
BASIS OF BEARINGS
SOUTH LINE OF
THE SE 114 OF SEC 21, T. 35., R. 69W., 6th P.M.
p{ WNEq"/1 FOUND J-!/4" DIAM ALUM. CAP IN RANGE
y S tJ2 BOX, MARKED AS SHOW (ACCEPTED AS S 114
T35 R69W COR OF SEC 21, T JS. 1.. 69W.)
'
set CITY OF WHEAT RIDGE
SZr f J POINT 15309:
+.iaeo
•, p� ti, CITY DF WHEAT RIDGE DATUM:
N 705737,4766
E 107869.6467
LOT DATA TABLE
FOUND 3-1/4' DIAM. ALUM. CAP IN RANGE
p' WH
` \5 IJEA77l!N
BOX, MARKED AS SHOWN (ACCEPTED AS E 114
',� TJS R69W c
COR OF SECCITY 21OF THEAT `E` R. )
14
If, RIDG69W.E
`¢ 52I 2 m
'
POINT 14409:
' •(NI ro ps1
TO,
CITY OF WHEAT RIDGE DATUM:
"Fr
N 708404.0271
E 110507.7016
LOT No.
SQ. FT.
ACREAGE
1
2,434 s.f.
0.0559 ac,
2
2,375 s.f.
0.0545 as
3
2,495 s.f.
0.0573 ae.
4
2.495 s.f.
0.0573 as
5
2,458 s.f.
0.05" ao.
8
j 2,458 V.
0.0584 a0.
7
2,471 51
0.0567 ac.
8 2,531 51 0.0581 ac.
Rf V Ded. 580 s.f. 0.0133 ac.
TOTAL 20,297111 0.4660 ac.
LENA GULCH DRAINAGE AND
FLOOD CONTROL EASEMENT NOTE
THE- GRANTORS DO HEREBY GRANT AND CONVEY TO THE C17-Y OF HHEAT RIDGE ('THE
CITYi A PERPETUAL EASEMENT ("EASEMENT") TO THE PROPERTY OVER THAT CERTAIN
AREA OF THE PROPERTY AS GRAPHICALLY SHOWN ON THIS PLAT FOR THE PURPOSE OF
AUTHORIZING THE CITY TO CON57RUCT AND MAINTAIN HEREON ANY FLOOD CONTROL
CHANNELS, STRUCTURES OR OTHER IMPROVEMENTS DEEMED NECESSARY BY THE CITY.
THE EASEMENT GRANTED HEREBY /NCLUOES, WITHOUT LIMITA AON, A GRANT OF
AUTHORITY TO THE CITY TO ENTER THE PROPERTY FOR THE PURPOSE OF SURVEYING
AND INSPECRON, TO CONSTRUCT SUCH IMPROVEMENTS INCLUDING CHANNELIZA TION,
EMBANKMENTS, MAINTENANCE ROADS AND OTHER FLOOD CONTROL IMPROVEMENTS
DEEMED NECESSARY, TO ENTER THE PROPERTY FOR PURPOSES OF IIVSPEC77NG AND
MAINTAINING SUCH IMPROVEMENTS AND FOR THE PURPOSES OF ALLOWING ANY
DRAINAGE AND FLOOD WATER TO ENTER AND FLOW OVER SAID PROPERTY AS WELL AS
ANY 07TAER USE NOT ENUMERATED 1/ER47N WHICH 15 CONSISTENT WITH THE PURPOSES
OF THIS EASEMENT
LEGEND OF SYMBOLS &ABBREVIATIONS
O
MONUMENT FOUND, AS NOTED
SET REBAR & 1-1/2" DIAMETER YELLOW
Q
PLASTIC CAP, PLS J7929, TYPICAL UNLESS
NOTED OTHER89SE
(C)
CALCULATED
(M)
MEASURED
16
LOT NUMBER
(R)
RECORD
- - - - - - - -
- - - EK/SONG RECORD EASEMENT LINE
NEW EASEMENT GRANTED BY THIS PLAT
_ _ _ _ _ _ _
_ _
(DIMENSIONED IN IF J BRACKETS)
NEW LOT LINE HEREBY CREATED SY 77115 PLAT
-
ADJOINING PARCEL OR LOT LINE
-
CENTER LINE
- - -
- PUBLIC LANDS SURIEY SECTION LINE
PLAT BOUNDARY LIMI75
CITY OF WHEATI RIDGE DATUM:
r N 705800.6639
E I09995.9141
FOUND 15 REBAR &
2' DIAM. ALUM CAP,
PLS 26606
CITY OF WHEAT RIDGE DATUM:
N 705796.6637
E 109995.9239
PLAN VIEW
PUBLIC RICHT-OF-WAY UNE
FOUND J-1/4" DIAM, ALUM. CAP IN RANGE
BOX. MARKED AS SHORN (ACCEPTED AS
SOUTHEAST COR LK SEC 21, T JS. R. 59W.)
CITY OF WHEAT RIDGE
POINT 15409:
CITY OF WHEAT RIDGE DATUM: I
N 705773.7338 I
S1g 777y2.
05' (i E
£LINE)
E 110511.4649
WH p
�y` tJz1•
i sz+2
1994 1
EXHIBIT C
Phasing Plan for Public Improvements
The Public Improvements for the property shall be installed in one phase as outlined
below:
�i
Building permits for vertical development may be issued prior to completion of Public
Improvements with Fire District approval. All on -site common amenities (drainage,
alleyway, and sidewalk) and all improvements in the public right-of-way which are
required to be constructed by the Developer, including irrigation conduit and/or stub -out
under the sidewalk to the amenity zone, must be completed prior to issuance of the first
Certificate of Occupancy (CO).
Installation of on -site landscaping is not required prior to Certificate of Occupancy if
issuance of C.O. occurs outside of the planting season, generally October to June.
Refer to Section 12 of the Subdivision Improvement Agreement.
15
EXHIBIT D
Cost Estimate for Public and Private Improvements
Escrow in the amount of $6,324 will be collected as a Performance Guarantee for the
construction of the 6-foot detached sidewalk along W. 38th Avenue, which will be
constructed by the Developer.
Fees -in -lieu of constructing the remaining public improvements in the amount of
$35,417 will also be collected; these improvements will be constructed by the City as
set forth in Section 12.
(see attached)
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10191 W. 38th Ave
Wheat Ridge Colorado, 80033
COST ESTIMATE ON SITE IMPROVEMENT
- Landscape for road frontage - $2,000.00
- 2 catch basins for drainage easements - $20,000.00
-120 LF by 26 ft wide asphalt drive isle - $15,000.00
- Sidewalk along drive isle, 3ft wide by 130 LF. $3,800.00
- Curb and gutter 130 LF - $8,100.00
- Landscaping or 8 units - $12,000.00
- Lighting for frontage walkway - $7,500.00
- Irrigation - $7,200.00
- Retainer walls - $7,900.00
TOTAL COST - $83,500