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THIS AGREEMENT, entered into this 27th day of September ,
1972 , between the City of Wheat Ridge, a Municipal Corporation, hereinafter
referred to as City and ErnlSt Dale Kierstein and Sharon Joy Kierstein
hereinafter referred to as Owner.
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DEVELOPMENT AGREEMENT
(To be completed in duplicate)
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Witnesseth:
WHEREAS, the Owner is the titled owner of a tract of land in the City of
Wheat Ridge, County of Jefferson, State of Colorado, described as follows:
Lot #5, Ra-Mar Subdivision, County of Jefferson, State of Colorado
Also known as:
3870 Garland, Wheat Ridge, Colorado 80033
and
WHEREAS, the Owner proposes to develop the described land, and 1n fact, has
applied for a building permit to do so; and
WHEREAS, the adjacent portion of street/streets are incomplete and below
standards; and will require additional work and costs to complete; and
WHEREAS, engineering has determined that completion now is impractical and
plEns are not adequately complete to enable the work to proceed; and
WHEREAS, to be consistent with the policy as related to street improvements
tillS Agreement is hereby determined as being applicable.
NOW, THEREFORE, BE IT HEREBV AGREED, that
1. Property responsiblity for improvement of adjacent streets is hereby
recognized and affirmed.
2. When practical and upon the direction of the City, the owner or his
assigns and successors will adequately provide for the i~provement of adjacent
portion of streets and other off-site improvements, "and will not oppose the
creation of a Municipal Special Improvement District which m8V be created for
the purpose of affecting the said improvements and assessing the costs and
incidental expenses to the property.
3. The street improvement will be promoted by the City when it becomes
practical so to do, and will cooperate with the Owner and others to accomplish
said improvement. The costs assessable for the improvements shall be of direct
benefit to said property; and shall not be costs that are disproportionate with
costs aesessable to other nearby and like properties.
4. The Owner will, as a condition of receipt of a building permit, deed to
the City of Wheat Ridge any necessary public rights-of-way, and further abide by
the applicable conditions of the Ordinances of the CitV of Wheat Ridge.
5. The building permit, applied for, will be issued if otherwise applicable
upon the execution by the Owner of the Agreement.
6. This Agreement is executed by the Owner pursuant to the Subdivision Reg-
ulations of the City of Wheat Ridge, passed, approved, ano adopted on August 7,
1972, as amended.
7. The parties hereto agree that this Development Agreement, by its terms,
shall be binding upon the City and the Owner, and upon the assigns and succes-
sors thereof; and shall constitute covenants running with the described property.
This Development Agreement shall be recorded with the County Clerk and Recorder.
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2446 120
IN WITNESSTH WHE~EOF, the parties have set their hands and seals on the
date first shown.
By
Attest:
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City Clerk
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Owner
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Attest:
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Secretuy
State of Colorado )
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COUNTY Of JEfFERSON)
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The 'oreg9:Jf}II instrument was executed ~'ore me this ~' :!Jyof-ff-.'
fi~~/ . 197~ . by ~1~~ 4_ __ .1~ ~oftf?~
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Notary Public
My Com.i.slon expires:
My Commission Expires Sopton:ucr 8, 1316
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Appendix E, l1Iheat iUdge. _c;l'tltli~1aian Regulet.1Dns
2146 120