HomeMy WebLinkAboutApplewood Row -Covenant and Restriction - Jan 2024R $38.00
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JEFFERSON COUNTY, Colorado
DECLARATION OF COVENANT AND RESTRICTION
THIS DECLARATIONy OF COVENANT AND RESTRICTION (this "Covenant") is made n
and entered into as of the L-� day of 7A N UAKA a -,.4 by and among the
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and
APPLEWOOD ROW, LLC (the "Developer"), together referred to as the "Parties."
RECITALS
1. 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 APPLEWOOD ROW SUBDIVISION.
2. The Developer intends to develop the Property for two single -unit dwellings,
subject to that certain subdivision plat for the Project titled APPLEWOOD ROW SUBDIVISION
recorded with the Jefferson County Clerk and Recorder under reception numberj6 a0a`-al �057a'/
3. The City and Developer executed a Subdivision Improvement Agreement, dated
as, `/_ _ _ , and recorded with the Jefferson County Clerk and Recorder
under Reception No. (the "SIX).
4. The SIA outlines the obligations of the Developer relative the construction of Public
Improvements and other on -site horizontal infrastructure, and outlines the required timing and
phasing of those improvements in relation to the issuance of permits and certificates of
occupancy. The SIA requires the Developer to execute and record this Covenant.
5. Pursuant to the SIA, the obligations of the Developer are proposed to be completed
in one (1) phase —Phase 1—as shown in Exhibit B.
6. The Project is not developable unless and until the Public Improvements and other
on -site horizontal infrastructure is installed, and it is the City's obligation to protect future lot
owners from purchasing undevelopable lots.
7. The Parties agree that such protection shall take the form of this Covenant,
execution and recording of which shall take place simultaneously with recording of the SIA.
NOW, THEREFORE in consideration of the above recitals, which are fully incorporated
herein by this reference, the delivery, receipt and sufficiency of which are acknowledged, the
Parties agree as follows:
COVENANT AND RESTRICTION
The entirety of the Property is hereby declared to be the "Burdened Property."
2. Imposition of Restriction. The Developer and its heirs, successors and assigns,
hereby covenant and agree that the Burdened Property shall be subject to the following restriction:
No sale of any individual lot or any collection of individual lots which do not
equal the entirety of the Property as described in Exhibit A may occur until
such time as the Public Improvements and on -site horizontal improvements for
the respective Phase and as required by the SIA are complete and accepted
by the City.
3. Burdens Run with Land. Developer declares that this Covenant shall pass with
and burden each and every tract, lot, and parcel of land within and which is a part of the Burdened
Property, and shall apply to and be binding upon the heirs, successors in interest and assigns of
the Developer and any owner hereafter of said tracts, lots and parcels, and shall run with the land
at law and in equity. Each person acquiring any interest in the Burdened Property shall be
deemed for all purposes to have assented and agreed, as an essential condition of any
conveyance to it, to the provisions of this Covenant, to have agreed to comply with this Covenant
and to have waived any right to challenge or contest the provisions hereof except as permitted
herein. The benefits and burdens of this Covenant shall be perpetual unless released by written
instrument executed by the City, acting in its sole but reasonable discretion upon a written request
by the Developer or any successor.
4. Termination. The burden of this Covenant shall terminate for each Phase upon
the City's acceptance of the Public Improvements and on -site horizontal infrastructure required
for each Phase pursuant to the SIA.
5. Enforcement. The benefited party herein shall be the City. The rights, duties and
obligations contained in this Covenant may be enforced by the filing of an appropriate action in
law or in equity in the District Court for Jefferson County, Colorado whose jurisdiction over this
Covenant is hereby acknowledged. Such action and remedies may include, but is not limited to
specific performance, mandatory injunction, damages, forfeiture or other relief. In the event of
any litigation under this Covenant, the court shall award reasonable attorneys' fees and costs to
the prevailing party.
6. Governing Law. This Covenant shall be governed and construed in accordance
with the laws of the state of Colorado. Venue and jurisdiction for any action arising under this
Covenant shall be property and exclusive in the District Court for Jefferson County, Colorado.
7. Entire Agreement. This Covenant shall constitute the whole agreement between
the Parties on the subjects contained herein, and no additional or different oral representation,
promise or agreement shall be binding on the Parties with respect to the subject matter of this
Covenant.
8. No Waiver. No provision of this Covenant may be waived except by written
instrument signed by the Party to be charged with such waiver. Failure of any Party to this
Covenant to enforce any provision of this Covenant shall not constitute a waiver of such provision,
and no waiver by any Party to this Covenant, or of any provision of this Covenant, shall be
constitute a waiver of any other provision or of the same provision.
9. Recording. This Covenant shall be recorded simultaneously with the SIA for the
Property and shall be filed for record with the Office of the Jefferson County Clerk & Recorder.
IN WITNESS WHEREOF, the Parties have executed this Covenant on the dates set forth
below, intending that it be valid and effective from and after the date of such execution and
recording.
2
CITY OF WHEAT RIDGE, COLORADO
J�
By: i _" � )-.ti 8_ �-
Bud Starker, Mayor
ATTEST:
Stev ' patrick, City Clerk
31,
DE/VELOPlER
By:
Name:. 1,'�f-AISE5
Title: _ M�^$M
STATE OF COLORADO )
SS.
COUNTY OF del' rsr )
The foregoing instrument was acknowledged before me this 17"%"day of
20a-/, by ran ko0_n+je5 , as
f �En��tr of A !gyp I P Qe5& <� 2& ,,) Lj_C
Witness my hand and official seal.
My commission expires: APrJ 22fa0gy
TAMARA D ODEAN
NOTARY PUBLIC
STATE OF COLORADC
NOTARY ID 20164015481 ---
MY GOMMIS$ION EXPIRES APRIL 22, 2024 Notary Public
(SEAL)
4
EXHIBIT A
Legal Description of the Property
APPLEWOOD ROW SUBDIVISION, COUNTY OF JEFFERSON, STATE OF
COLORADO
EXHIBIT B
Phasing Plan for Public and On -Site Improvements 1 ^
i
The public improvements for the property shall be installed in One phase as outlined
below:
• All public improvements along W. 38th Place and Pierson Court, including
asphalt, streetlights, curb and gutter, sidewalks, and curb ramps shall be
completed prior to issuance of the first building permit, in accordance with the
approved plan set for the right-of-way improvements.
• Fees in lieu of public improvements for all remaining improvements not required
to be built with this project (streetlight, pedestrian light, curb ramp, asphalt, curb
and gutter, sidewalk, and amenity zone on W. 38th Avenue; sidewalk, curb and
gutter on Pierson Court; and small section of sidewalk, and curb and gutter on W.
38th Place) in the amount of $57,275.00 shall be paid prior to recordation of the
plat.
Right-of-way (ROW) permit may be obtained after letter of credit is provided.
Installation of landscaping and irrigation 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.
A