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Home My WebLink AboutEaton Street CottagesiIUII�YIIIIIYAIIIIII�IIII�IIIY ��°2019007342 I 114 L18. 00 01/30/2019 10:01:20 AM 7 Page(s) JEFFERSON COUNTY, Colorado DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COVENANT AND RESTRICTION (this "Covenant") is made and entered into as of the 3T day of J to va• by ` and among the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and SQUAREROOT COTTAGES, LLC, a Colorado limited liability company (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 Eaton Street Cottages. 2. The Developer intends to develop the Property with nine (9) residential dwelling units, subject to that certain Outline Development Plan and that certain Specific Development Plan for the Project titled Eaton Street Cottages Planned Residential Development recorded with the Jefferson County Clerk and Recorder under reception numbers 2016111499 and '�-.0 t1( 00 q3 41 . , respectively. 3. The City and Developer executed a Subdivision Improvement Agreement, dated y,, VAS , ' 2 ! �f , and recorded with the Jefferson County Clerk and Recorder under Reception No. -?t)1 J j)Q4:;y(g (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, the timing of which is shown in Exhibit B. 6. The Project is not developable unless and until the Public Improvements and other on -site horizontal infrastructure are 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 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 2 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. [Remainder of Page Intentionally Left Blank] 3 ATTEST: W HFqr CITY OF WHEAT RIDGE, COLORADO of U SEAL - - � - By: u Bud Starker, Mayor aver, i 4 DEVELOPER SQUAREROOT COTTAGES LLC, a Colorado limited liability company r STATE OF COLORADO SS. COUNTY OF ] P S'S�r Ste, ) The foregoing instrument was acknowledged before me this 15 day of 20 , by r , as n��,no of SQUAREROOT COTTAGES LLC, a Colorado limited liability company. 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) 5 Notary Public EXHIBIT A Legal Description of the Property EATON STREET COTTAGES SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO 1W:/:1111i-3 Phasing Plan for Public and On -Site Improvements The public and on -site improvements for the property shall be installed in one (1) phase as outlined below: Notwithstanding anything to the contrary contained in the Agreement, building permits may be issued prior to substantial completion of Public Improvements. Prior to issuance of the first Certificate of Occupancy (CO) a Drainage Certification Letter accompanied by As -Built Plans shall be provided and the following shall be completed: • All Public Improvements within the Eaton Street right-of-way, and • All on -site Public Improvements, including o All drainage facilities, o All horizontal improvements within Tract A, o All horizontal improvements within Tract B, and o All improvements within Tract C. Prior to issuance of a CO for Lots 7, 8, or 9, the following additional improvement must be complete: • The sidewalk connecting these lots to Eaton Street within the platted access easement. As an exception to the above requirements: Installation of landscaping, street trees, and irrigation within Tract A, Tract B, Tract C or in the Eaton Street right-of-way is not required prior to Certificate of Occupancy if issuance of the C.O. occurs outside of the planting season, generally October to June. Refer to Section 11 of the Subdivision Improvement Agreement. 7