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HomeMy WebLinkAboutLutheran Medical Center - Release of Development Agreements - August 2025n�lll�l'�II,II!IIIYIIINIIYI � �a'�2025049681 08/07/2025 01:45:50 PM 4 Page(s) When recorded return to: JEFFERSON COUNTY, Colorado Davis & Ceriani, P.C. 1600 Stout Street Suite 1710 Attention: Edward R. Gorab RELEASE OF DEVELOPMENT AGREEMENTS THIS RELEASE OF DEVELOPMENT AGREEMENTS, is made this �,! day of k ca s f , 2025, by the City of Wheat Ridge (the "City"). RECITALS WHEREAS, the City is a party to that certain Development Agreement dated August 20, 1981 and recorded on January 5, 1983 at Reception No. 83001301; that certain Development Covenant recorded on May 16, 1988 at Reception No. 88047322; and that certain Development Covenant dated October 5, 1992 and recorded on December 2, 1992 at Reception No. 92155438, and approved the Official Development Plans for Lutheran Medical Center recorded October 14, 1987 at Reception No. 87127521 (collectively, along with all amendments and modifications thereto, the "Development Agreements") affecting the real property described on the attached Exhibit A (the "Property"). WHEREAS, Pursuant to the Development Agreements, upon completion of the obligations set forth therein, the City may release the Development Agreements of record. WHEREAS, the City desires to release the Development Agreements of record in the manner and to the degree described herein and not otherwise. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City does hereby attest that that the public improvements described in the Development Agreements have been complete, and that complete and satisfactory payment of all costs and fees associated therewith as described in the Development Agreements have been made, or that they are no longer due or applicable, such that all obligations under the Development Agreements have been satisfied. Accordingly, the City hereby releases the Property from all obligations under the Development Agreements, with the following exceptions, reservations and conditions: (1) The restrictions and conditions imposed on the Property by the terms of Ordinance No. 1819, Series 2025, recorded on August 4, 2025 at Reception No. 2025048491, which ordinance rezoned the Property to Mixed Use — Lutheran Legacy Campus (MU-LLC), and which ordinance replaces in its entirety the Official Development Plans for Lutheran Medical Center recorded October 14, 1987 at Reception No. 87127521 (along with all amendments and modifications thereto), and (2) Nothing herein releases, conditions, or limits the City's continuing authority to regulate the use of land and the construction of improvements (including but not limited to curb; gutter; sidewalk; streets; drainage, water quality, and detention facilities; and traffic signals), as regulated by the City's Code of Laws, as amended from time to time. IN WITNESS WHEREOF, the City has executed this Release on the date first set forth above. EXECUTED BY THE CITY: Avjy I& City of Wheat Ridge ATTEST: _ Q40 [SEAL] STATE OF COLORADO ) ) ss. COUNTY OF e?gLrSon ) The foregoing instrument was acknowledged before me this 67"" day of A L-. , 2025, by Bud Starker as Mayor and Margy Greer as Senior Deputy ity Clerk of the City of Wheat Ridge Colorado. Witness my hand and official seal. My commission expires: A er; ( a'i, 2o'ag 0d0n, Notary Public TAMARA D ODEAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201&o15481 MY COMMISSION EXPIRES APRIL 24. 2028 EXHIBIT A PROPERTY Lots 18 through 24 of Longview Subdivision as per the plat thereof recorded April 10, 1941 at Reception No. 322356, together with Lots 1 through 8 of Lutheran Subdivision, as per the plat thereof recorded September 15, 1981 at Reception No. 81068093, together with vacated West 35th Avenue as described in Council Bill 328, Ordinance No. 744, Series 1988 recorded at Reception No. 88017464 in the Jefferson county records, together with a part of the Northeast '/< of Section 27, Township 3 South, Range 69 West of the 6th P.M. and together with a part of the Northwest'/ of Section 26, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado, the entire parcel more particularly described as follows: Beginning at a point on the East line of the West %2 of the East %2 of the Northwest '/< of the Northwest'/ of said Section 26, being 35.00 feet South of the Northwest corner thereof; Thence S00009'53"E, along said East line a distance of 1,290.81 feet to the North line of the Southwest'/ of the Northwest '/< of said Section 26; Thence N89041'12"E along said North line a distance of 269.47 feet to the West line of the East 60 feet of said Southwest '/ of the Northwest'/; Thence S00°11'49"E along said West line a distance of 884.60 feet to the North line of the South 447.4 feet of said Southwest % of the Northwest'/; Thence N89 51'12"W along said North line a distance of 842.48 feet to the Northeast corner of than parcel of land described at Reception No. 86090180 of the Jefferson County records; Thence S00 04'02"E parallel with the West line of the Northwest'/ of said Section 26 and along the East line of said Parcel a distance of 417.40 feet to a point 30 feet North of the South line of said Northwest '/e of Section 26; Thence S89°44'37"W parallel with said South line and along the South line of said Parcel a distance of 208.70 feet; Thence N00°04'02"W along the West line of said Parcel a distance of 417.40 feet; Thence S89°44'37"W a distance of 208.70 feet to a point on the East line of the Northeast '/< of said Section 27 and the Northeast corner of that Parcel of land recorded at Reception No. 84107292 of the Jefferson County records; Thence S00°04'02"E along the East line of said Parcel and the East line of said Northeast'/ a distance of 417.40 feet to a point 30 feet North of the South line of said Northeast'/; Thence S89029'58"W parallel with said South line and along the South line of said Parcel a distance of 200.00 feet; Thence N00°04'02"W along the West line of said Parcel a distance of 417.40 feet to a point on the North line of the South 447.4 feet of said Northeast''/<; Thence S89 29'58"W along said North line a distance of 607.86 feet to a point on the East line of the West 515.5 feet of the East %2 of said Northeast 1/4 , said point being on the East right-of-way line of Dudley Street as shown on the Plats of Lutheran Subdivision and Longview Subdivision; Thence N00°07'03"W along said East right-of-way line a distance of 1,608.34 feet to the Northwest corner of Lot 18 of said Longview Subdivision; Thence N89°33'52"E along the North line of said Lot 18 a distance of 199.50 feet to a point on the East line of said Subdivision; Thence N00°07'03"W along said East line a distance of 122.96 feet to a point on the South bank of the South Branch of the Rocky Mountain Ditch, said point being on the South line of Foothills Medical Center Subdivision as per the plat thereof recorded April 2, 1987 at Reception No. 87042655; Thence running along the South line of said Subdivision and along said South Bank the next three (3) courses: 1) S80°55'03"E a distance of 33.43 feet; 2) S78 09'46"E a distance of 75.09 feet; 3) S73 33'53"E a distance of 79.81 feet to the Southeast corner of said Subdivision; Thence N00003'44"W along the East line of said Subdivision a distance of 487.00 feet to a point on the South line of the North 30 feet of said Northeast'/ of Section 27; Thence N89037'45"E along said North line a distance of 150.00 feet to the Northeast corner of that tract of Land conveyed to the City of Wheat Ridge at Reception No. 92163289 of the Jefferson County records; Thence S00004'02"E along the West line of said tract a distance of 5.00 feet; Thence N89037'45"E along the South line of said tract and that tract of Land conveyed to the City of Wheat Ridge in Book 2577 at Page 401 of the Jefferson County records a distance of 276.80 feet to a point on the West line of that tract of Land conveyed to the City of Wheat Ridge at Reception No. 92163287 of the Jefferson County records; Thence running along the lines of said Parcel the next three (3) courses: 1) S00°04'02"E a distance of 10.00 feet; 2) N89°37'45"E a distance of 453.40 feet; 3) N00°04'02"W a distance of 10.00 feet to a point on the South line of said tract described in Book 2577 at Page 401 of the Jefferson County records; Thence N89°37'45"E along said South line a distance of 532.83 feet to the point of beginning,