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Home My WebLink About0021 797519 /'J C U /{ DEVELOPMENT ACREEMENT ~)17l~-i :. THIS DEVEWPMENT AGREEMENT, (as provided by paragraph D, Development AgreemAnt, within SECTIO~ SEVEN: VARIANCES, of the SUBDIVISION REGU- LATIONS of the CITY OF [mEAT RIDGE, passed, approved and adopted Feb- ruary 7, 1972, as amended) entered into this 5 ,day ~f MaV 19......'1IL' bet~'een The C.i ty of f'lheat Ridge, a Municipal Corporation, hereinafter referred to as City, and PRill A. Smi th hereinafter referred to as Owner. l_~ I f'/ITNESSETH: 1. WHEREAS, the Owner is the titled Owner of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, des- cribed as follows: SEE ATTACHED SHEET. 797519 : - ; JUL - I !. j II: 2t I ,J:' J uf Jcffer~',n i c=nr ~2rj IN ~, t '-.; 2 I,,: ~ 2872 248 2. r'lHEREAS, the Owner has developed that tract of land as described in Paragraph No.1, and in fact, has been issued a Building Permit to do so: and 3. ['lHEREAS, 12750 West 42nd Ave. fronting 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 SUBDIVISION REGULATIONS: and 4. WHEREAS, to be consistant with the existing heighboring 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 STANDARDS 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 responsibility for meeting and conforming to those require- ments as set out in SECTION FOUR: DESIGN STANDARa~ and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS is hereby recognized and affirmed. B. The Director of Public Works, upon the advice and consent of the Mayor, shall direct the OWner or his assigns and successors to meet those re- quirements as set out in SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS. c. In the event an improvement district is created by the City to implement those requirements as set out in SECTION FOUR: DESIGN STANDARDS, and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS for those streets or streets fronting that tract of land as described in Paragraph No. 1 and the neighboring tract of lands, the Owner or his assigns and successions will not oppose its creation. 2872 248 2872 249 D. In the event an improvement district is created by the city to accomplish the intent of SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS, the costs accessable shall be of direct benefit to that property as described in Paragraph No. I and shall not be costs that are disproportionate with costs accessable to other nearby and like properties. E. Upon execution of this DEVELOPUENT AGREEMENT by the City and Owners, the C.ity will waive the quarantees for public improvements as set out in SECTION THREE: PROCEDURE (Subsection C., Paragraph 5.) of the SUBDIVISION REGULATIONS F. This agreement is executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the CITY OF WffEAT RIDGE, passed, approved and adopted February 7, 1972, as amended. G. 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 successors thereof; and shall constitute covenants running with the described property. This DEVELOPMENT AGREEMENT shall be recorded with the County Clerk and Recorder. IN WITNESSTH WHEREOF, the parties have set their hands and seals on the date first shown. (l~'-I(L' ;j Public ~/orks (. L {-.~ _ ,l ",(L (h. ,;J-ft~ I 0~~.. ')1Z-f 17 Y RECOMMENDED BY: Department Community Development APPROVED AS TO INTE~T: -- / . ;f ,~ L-X;(~~C(.'--A.--'/A.fI:7~ I APPROVED AS TO FORM: City Attorney City Administrator .7Z. TE BY OWNER, .JJ p. , /1L/ e, C. ~a~-Lfl. i EXECUTED BY CITY: . ~:A/-I ,~;; . ...,~L.~ ~ /~ !,/7k Mayor \. ..';:- Ci ty Clerk . . 'l'" 'c', .;/' ) /1-';//1'" (.. ~L .(~ '/ ~ f:J;.~~,.1-1------ I 'J ~, If. . j. .'\ . p') - .~. ATTESTED TO BY: /~ ,', I -.-r . " - ~./ (/ ' i. . j,"~..;. r)" ,=-:=.1 ~~~C'X' - ......',.". '" State of Colorado ss County of Jefferson The foregoing instrument was executed Ll7:':!fL ~, 19 ?~, by My commisssion expires: befor. e "}e ~~ jj?T.&' ~Jj /Y. /n/. day of L .,} ~/. /.3/ /P;? ~,~(~~ Notary Public 2872 249 'J/ ~ ..~ ("l~ , _ ,1 oil !.J.. ~ .--) ~ c i ': , "- , L :-~I c' \ \J , r-. 8 ..'. <.. / ~ 2872 250 I ~, :::::n a::~:5500~~;':::::::::::.::~::::::::':::::::"":::::::::::::::::::::i~~:~:~~~~I',"" _",. VllI..."I-"';' ;4 00 03.2S~_\ ,.j 091,O.O~:'~A 00 U.4.S 0: L JtA /-~("1:J'.2 <i1' C <.: .~ (;>> ~ C P ~ ~ > '~~STA~ S '0 .... "'fC: lI>,..., ... ;I: ~ ...... a....... i .~ z~~ - :-1:.'1.... ,z C) .~, -~;;;; "I.~t: ;~~ ~" :IPI' "...::0 "::3: ,." Ouo a'l _ 000 .....J :z.:z c...> ~ THIs DEED, Made thi. 15 th day of February J. C. of the 19 73 ,between ELI AND LILLIM~ E. ELI, as Joint County of Jefferson Tenants and State of Colorado, of the first part, and PAUL A. SHITH of the County of Jefferson and State of Colorado, of the second part: WITNESSETH, That the .aid party of the fir.t part, for and in consideration of the .um of ** THIRTY TWO THOUSAND AND FIVE HUNDRED AND NO/lOO--_____n____n_n___ DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has gI'anted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and as.igns forever, all the following described lot or parcel of land, situate, lying and being in the County of Jef f erson ILlld State of Colorado, to-wit: :Je1',inning at a loint on the \lest line ,.f the E\ SII\!; of Section 20, Tovmship ~ ..outh, Rangc 69 \.jest 557 .40 f,~et South 0010' East gf ~Iest Sixteenth Corner, tL"nce north 0'1050' East 796.94 feet, thencc South 0 10' East 256.23 feet, t],encl: :>outh 75009' \Iest 306.96 feet to \lest line of Eli S:'I'z; Section 20, thence l!orth (Joll)' :Jest 334.04 feet to Joint of l)q~inning, County of Jefferson, State of Colorado, iLCEPT That part of the East }" of the Soutlmcst .}; ofSectlon 20, 't'oFn:;]',ip 3 South, [[angc 69 \fest of the 6th! rinci .a} licridian, described as [0" ,s: COluccncinr, at a POillt on tht' ilest 1 ine of the East J., of the South\lest \ 0, ;laid ~)ection "0 ubich lit's ;;outh 00'0' E., 7/,1.43 fep.t from the gest 16th Corner on the E:lst '2 'jest centerline of Soi,1 Sect;ono"O; thence N. fl9 50' F. 30 fe't to the true I,oint of beginning, thence North 89 50' ~. 130 feetj thence ;;OUlll DOlO' 10, 115.)1 feet; thence ~;outh 75009' \-lest 134.6 fel tj thence North aOll)' '.Ies~ "lon~ S.:lid \Iest :ine of s~id South\~est ~, 150 feet241~e true point of lJc::,lnlll,ng, County of Jerferson, State of Colorado. . 10 TU UA V I:!; AN U TU UULU the said premises atove bargained ILlld described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, ILlld administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, hi. heirs and 88signa, that at the time of the ensealing and delivery of these presenta, he is well .eized of the premises "bove conveyed, as of go01, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, .ell and convey the same in manner and form Ill! aforesaid, and that the same are fl:ee ILlld clear from all former and other grantB, bargains, sales, liens, taxes, as.essmentB ILlld encumbrances of whatever kind or nature soever., except General Taxes for 1973 and subsequent years, and except casements, restrictions, and reservations of record. and the above bargained premi.e. in the quiet and peaeeable possession of the said party of the second part, his heirs and 88signa against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part .hall ILlld will WARRANT AND FOREVER DEFEND. The sin1rUlar number shalllnelude the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part baa hereunto .et his hand ILlld seal the day and year first above written. p ~~~~n(PnnL!:. ~ :nnno.gm..hunm..nn....[SEALJ (I:~' . '/"' .. . tLJ ' . . n~?L!,hnh'.'nmnAc...u..h'~.m......n[SEALJ Lllli.an E. Eli '.....nh. u.... unhh."'" 'n'h, u, 'nn.... u uu u. ,n "'un...nn... [SEAL J Kentuckv STATE OF &~ Caldwell County of Jllft~ } 88. The foregoing instrument was acknowledged before me this 15 tho day of Fe brtlary 1973 ,by J. C. Eli and Liliian E. Eli, as joint tenants My commission expires " I '/" I, July 19, ,19 73 . Witness my hand and official seal, ,a*Z:uL,L/1affu,/3/!~.....m...n. /j Nota.., Publla. / . Uo.... -, ",.. S Y32A WARRANTY DEED " c-, . .l",'" Ft:)~l?h(11 Ig!~pbIC Record 2872 250 24'16 11