From SaveBelmarPark.com
The developer of the ‘Properties’ (as we now know they are referred to by their attorneys) at 777 S Yarrow and 777 S Wadsworth has proposed a subdivision re-plat of the 777 S Yarrow location described as a lot line adjustment.
However, it does not qualify under Article 16-5-2 of the subdivision code as only a lot line adjustment because several additional changes are included to vacate, add, and modify various easements, an additional tract A is created and it conflicts with the laws requiring subdivision plats to have utility easements delineated and approved.
The link above brings up the drawings of the re-plat and if you care to scroll down to page 4, you will notice there is a prominent 30-foot wide easement provided for the Bancroft Water District.
However, there is no provision for electrical service or natural gas! Yet Colorado statute requires that:
(3) Subdivision regulations adopted under provisions of this section shall require that a subdivider, as defined in section 30-28-101 (9), C.R.S., submit to the commission evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.
Lakewood’s own subdivision code states: “Utility easements shall be delineated as required.” 16-3-6
“All subdivisions must comply with the serving utility entities’ requirements, and receive service availability confirmation from the serving utility entities.” 16-3-7
Providing for these easements is required by state and local law.
It is surprising that these critical easements are missing since Xcel Energy previously reviewed the documents over two years ago and informed Lakewood Planning that a typical 10-foot wide dry electrical easement for electrical service ‘does not seem feasible’.
Read more here…
Further details include how Lakewood City Council claim to be mere “administrative officers” rather than legislators.
