HomeMy WebLinkAboutRivas Minor Subdivision Declaration of Covenant and RestrictionR su .00
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JEFFERSON COUNW, Colorado
DECLARATION OF COVENANT AND RESTRICTION
THIS DECLARATION OF COVENANT AND RESTRICTION (this "Covenant") is made
and entered into as of the 114"'day of moo-c"n , Z014- by and among the
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Mary
Rivas (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 2816 Teller Street.
2. The Developer intends to develop the Property as a two -lot, single -unit housing
development, subject to that certain Subdivision Plat for the Project titled Rivas Minor Subdivision
recorded with the Jefferson County Clerk and Recorder under reception number
3. The City and Developer executed a Subdivision Improvement Agreement, dated
MGcCLI Zqr Zot4 and recorded with the Jefferson County Clerk and Recorder
under Reception No. 2c,,3� Ci 1 W(the "SIA").
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 phase 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
1. 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 airy -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.
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CITY OF WHEAT RIDGE, COLORADO
By: ( 111 Af ry
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
IWE
Dahl, City Attorney`
DEVELOPER
Mary Rivas .
t5y:
Name: M#VRivas
Title: Owner
STATE OF COLORADO )
SS.
COUNTY OFw`/ )
The foregoing instrument was acknowledged before me this Zo day of
�vy�c 20 by 0as
of
Witness my hand and official seal.
My commission expires:
F
Jesus Gutierrez
ARY PUBLIC
OF COLORADO
ID 20214000642
EXPIRES JANUARY 6, 2025
(SEAL)
Cl
EXHIBIT A
Legal Description of the Property
LOT 1 AND LOT 2, RIVAS MINOR SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLORADO
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Phasing Plan for Public and On -Site Improvements
The Public Improvements for the property shall be installed in one phase as outlined
below:
• No building permits shall be issued prior to:
o Recordation of the plat
o Recordation of this Agreement
o Payment of Streetscape Fee In Lieu of Teller Street in the amount of
$12,630.42
o Performance Guarantee in the form of an irrevocable letter of credit shall be
accepted by the City based on the cost estimate as outlined in the Agreement.
o Public Improvement cost estimate — An itemized cost estimate for the Public
Improvements within the ROW.
o Approval of Floodplain Permit
o Approval of Civil Construction Drawings and Drainage Letter
The required Public Improvements include:
o Widening of Teller Street asphalt by 4' (6" thick)
o Extended crosswalk at northern lot
o Water quality, detention, and/or drainage facilities based on WR Site Drainage
Requirements, if required
o Undergrounding of overhead utility service lines
• Lots may not be sold individually until Public Improvements are complete and
accepted by the City.
• Public Improvements shall be completed and accepted by the City prior to the first
Certificate of Occupancy or in advance of the first building permit, subject to site
work and ROW permit requirements below.
• A site work permit and ROW permit may be issued for Public Improvements in
advance of building permit subject to the following:
o Recordation of the plat
o Recordation of this Agreement
o The irrevocable letter of credit shall be provided and accepted by the City.
o Approval of civil construction documents
o Approval of drainage letter
o Approval of Floodplain Permit
• Prior to issuance of each permit, the following shall be provided:
o Payment of the City of Wheat Ridge building use tax
o Payment of building permit and plan review fees
o Floodplain permit required for each associated permit
A
• Exception to the above requirements:
o Installation of landscaping, street trees, and irrigation is not required prior to
Certificate of Occupancy of issuance of C.O. occurs outside of the planting
season, generally October to June. Refer to Section 12 of this Agreement.
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