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JEFFERSON COUNTY, Colorado
DECLARATION OF COVENANT AND RESTRICTION
THIS DECLARATION OF COVENANT D RESTRICTION (this "Covenant") is made
and entered into as of the 1O�tday of 5edJ.,.20 ii by and among the
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and
SLAWOMIR GOLABEK (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 Clear Creek Townhomes.
2. The Developer intends to develop the Property as a 11-unit townhome
development, subject to that certain Site Plan for the Project titled Clear Creek Townhomes.
3. The City and Developer executed a Subdivision Improvement Agreement, dated
enJeM�ber 10, a6l q , and recorded with the Jefferson County Clerk and Recorder
under Reception No. _-2-01q 11-10-1 b (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.
6. A majority of 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 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
By:
Bud Starker, Mayor
ATTEST:
elle Shaver, City Clerk
DEVELOPER
SLAWOMIR GOLABEK
By:
Slawomir Golabek, Owner
STATE OF COLORADO )
�+ SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 99 4 day of
��.. St , 20 , by lj14caoM:r�ola k , as
of C I ec r Cree
Witness my hand and official seal.
My commission expires:
TAMARA D ODEAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164015481
MY COMMISSION EXPIRES APRIL 22, 2020
(SEAL)
C LAP --
Notary Public
4
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EXHIBIT A
Legal Description of the Property
CLEAR CREEK TOWNHOMES SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLORADO
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2019117075
12/06/2019 11:11:20 AM 2 Page(s)
JEFFERSON COUNTY, Colorado
PLAT/MAP DUMMY SHEET
Book Type
Regular Sub �— ODP Condo
Common Interest Survey
(Select correct book
type and mark with an "X' j
(Indexing)
Grantor Glo C 13.s oe k,1 8 I are C)rki r'
(Owner or Surveyor name)
(Case #)
(Map #)
Grantee
(Subdivision Name)
Instrument Code
L
Section
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c3� .
Township
�2 ,?,-
Range
Quarter Section
6
Lot
Block
Tract
Old Subdivision
Jefferson County 0 Or City of —b] } T `�1U ❑