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Home My WebLink About0005 " I( ~~I/ 6d?9~17 No ,~ 68792' ,I.;.,.. t-;cord y' 26:'~S~ DEVELOPMENT AGRE1':MtfNT- THIS DEVELOPMENT AGREEMENT, (as provided by paragraph D, Development Agreement, within SECTION SEVEN: VARIANCES, of the SUBDIVISION REGU- LATIONS of the CITY OF WHEAT RIDGE, passed, approved and adopted Feb- ruary 7, 1972, as amended) entered into this ).; (I, , day of,' 1"11 !' ii 19 /', , between The City of [vheat Ridge, a Municipal Corporation, hereinafter referred to as City and I rUm n i,' ',;" ,1nn ;.n i (', hereinafter referred to as Owner. WITNESSETH: r'n!PPP,~.s the Owner' is the ti tled Orvner of a tract of land in the Citq of Wheat Ridge, County of Jefferson, State of Colorado, des- cribed as follows: THAT portion of the SW~NE~ of Section 22, Township 3 South, Range 69 West, described as follows; Beginning at the point of intersect- ion of the West line of said SW!.:NE~ and the original South line of West 44th Avenue, thence South along the West line of said SW~NE~ 300 feet; thence East 458.2 feet thence 'iorth 300 feet to a point on the original South line of West 44th Avenue; thence West along said origina.I South line of West 44th Avenue, 458.2 feet to the point of beginning. Except that portion thereof described in Book 359 at Page 128 and Book 1569 at Page 408. Except Easements des- cribed in Book 1592 at Page 169 and Book 1609 at Page 184. Except Portions conveyed in Book 1856 at l~ge 590, Book 1858 at Page 377 and in Book 2233 at Page 670, Except Matters pertaining to prior- ities of Water Rights. 2. WHER~RS, the Owner has developed ,in Paragraph No.1, and in fact to do so; and that tract of land as described has been issued a Building Permit !1'(-'''-;1 1 .!t-h )"IV(' lill' TtJT!F'REAS .~ .____..__"__~_______~._~._____ fnmting that tract of land as described in Paragraph No.1 and the neighboring tracts of land are incomplete and below those standards as set out in SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IMPROVE- MENTS of: the SUBDIVISIDN REGULATIONS; and 4. WHEREAS, to be consistant with the existing neighboring improvements and completion or non-completion of those improvements as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting that tract of land as described in Paragraph No.1, and the neigh- boring tract of lands; and 5. WHEREAS, in order to conform to those requirements as set out in SECTION FOUR: DESIGN STAND/1RDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS this agreement is hereby determined to be applicable. NOW, THEREFORE, BE IT HEREBY AGREED, THAT A. Property resf'Cmsibili ty for meeti ng and conforming to those yequirG- ments as set out i.J SECTION POeR: DESIr;N STANDARDS and SECTIUN FIVE: INPROVEMENTS of the SUBDIVISION REGULATIONS is her8by recognized a,'d affirmGd. B. The Director of Public [,'arks, upon thG advicG and consent of the Mayor, shall direct the Owner or his assigns and successors to meet th00:e re- quirements as set out in SECTION FOUR: DESIGN STi1tJDARDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGUL/11'IONS, and that upon order of the' r>i rr'ctor or rubli.c Ivorks, the Owner OI: his Assiqns and successurs wi!7 I'rompL71;inc;talJ at Owners expense aLL or an') part of the improve- ments her(~t(J[oro ccferrC'd to, .....,. . Lo t '1'.' A~Il(tt";l'C'It ....), 'v po ...f:" ~_~.:-J~~ ~:_) 1~.! C. In thc> ('vont iJn im~'cL'vcment distr.ict is created hlj the City to impl E'1fIf'ul' those c'equi rements as set all I. in SECTIO!! FOUF: J)ESICN STANDARDS, and SECTION FIVE: IMPR,JVEMENTS of the SUBDI\!ISTON REGULil'1'rONS .for those streets or streets fronting that tract of lanel dS describC!din Paragraph No, 1 and the nC!ighhorinq tract of .lends, the O'lmer or his assigns and Successions 1.lil1. not opposr its creation. V. In the event an improvement. district is created by the C.it.y to accomp Ush the intent of SECTION FOUR: DESIGN STANDARDS and SECTION FTFI':: IfJPROVENENTS of. the SUBDIVISION REGULATIONS, the costs arcessabJe shall he of direct benefit to that property as dr'scribed in PilragLaph No. 1 and shall not be costs that are d isproport.iona tc! w.i th costs accessalJ.le to other nC!arb'j and like propC!rtj (~s. t,'. UPUll p,'ecut.lon of tllis D2VElj)Tl,i~NT AGr'<.E::}lEl"TT 1.)9 th:; :2.:cg :lnd C~"ner'~. tllC City 'Ili11 wai,'e th,. guarantees for public .improvC!mcnts as set ou tin SECTION TifT?F.'F.': PROCEDURE (SubsecUon C" ParaqTaph 5.) of thl Sf1i31JTV1SION REGULl,TIONS and h'i1l refund to the O,vner his cash ('S,-cn:, of ($2 ,GOO. 00) 1''110 Thousand Dollars on deposi.t (<lith the City. F. 'I'lL.:; a/FC, Ci'Jent is executed by the Orvn,er pursuant to the SUBDIVISION RF:(;(,L"TIONS of the CITY 0,'" f;/HEAT RIDGE:, passed, approvF3d and adopted F~bTu~r~ 7, 1972, as amend~d. G. Th~ Pel Ltj es lwreto agree thdt this DEVELOPMENT AGREEMENT, by its terms, she'd I be hind ing upon the Ci ty and the Owner, and upon the assigns and successors thereof; and shall constitute covenants running with the described property. 2'11.; s DEVELOPMENT AGREENENT shall be recorded Ivi th the County Clerk and Recorder. IN [vI'I'lVESSTH f;IHEREOF, the parties have set their hands and sC!als on th," date f.irst shown. ~mh1~__ Public [vorks Departme1.;.J,r, APPROVED ,..$ TOi FORM: / /' --~-, / / ' ' , //' r~ fI---) / /~-_.._...__..- /~::>> ,'-,---j / IY' - - - ~-:'~~i-'/tJL-~ " '/5-- - -'?-~t:J Attorney./ -- 12.4'~1V v-. ./ ../ EXECUTED BY OfVNER: --:. ... '.....::-.". L ~ ,__':::...J...jo.~.1:.._~ ~ ,\ J 11'~( \ Community Development Department AP?ROVED AS TO INTENT: <", r ~ ~" "...- -....- ,-.. -f. ~'! 1 ~ (.. {.{,.( ~. '-.... ,f' i .' ;'''.~'/f.5 , City Admini9trator ? EXECUTED BY CITY y '7 ~ " #L ( .~;j, ,f,""...., ~..f' \.:.~ ': _..;...'i;~~li?M-n '-.- y , .,~""" . .~.. ~... -~ ; " . " 4'l" / --!:!r-r -, ~,__ - Nayor Pl'Ft -.-E~m ATTESTEf>.';'O ",Y." ,0;<( ,;; >'- 1'1 <2// ~: {L./.);."-~~~-T \ .I"~ j I ...... ~': .I City Clerk State of Colorado County of Jefferson ss The /foH'going -;;.-~~~~--g instrument 'Ii.]S executed before me 19_L~=-' by <~~I '.' , (- .,~# , " . ,:r.' f{-;;:~;~\' ~."' th~s ,', ,'. ...d~'r ot -/7.J---:--'_'7; .,....,...- > ---l,...;-_~,~'e._~.:.~~L-.-~_____~.~'f( \ ~ .~ " ,), '"1" "":' L ~' r' .. . \.-- .III' I ,--f i"" .' , -.'j-''';,,;. ~,r.'r;::"rn Dnr,7 i ~ '~)..,I; ,-' -:.">-' .:: .- . -'-, <> , ~,,-:~>.:;..". _', :i::r.;~"~~,9',,".c ..<'" , ~;~~~j(~ ;)1"~