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Home My WebLink About0033 B6~ .. -;:."~' {; () () ....y;'" =- ".~ /. - -- 2 .,.. .. f).6'6{,~iif/2/.e (. ',{u'r:, !I,NT \:',17 iL\R 2 I i 'Ill, n. . j ._ u" 29~t'l 553 ;::;Z'lfIS U?;VCJ,OPt:E:NT I,CREL','/cNr, (LlS provided by paragi'i1rdl D~, i'Development ~,q rcc.71':.'nt, ~/i thin SI:C:'/O.'/ Sf.YEN: liAR TI1NCES, of th~',_ ::>,CflJPJ,VIS", OS,_ RE.GU:'___ _ L/I'I'IO::S of the CITY 0,<' illlE-'AT JUDCE, po.lS,~,.(], approv,'d dnd adopted t'"b- [u:lry 7, 1972, as am'?nded) entered into this 9th, day or March 19,_77_, betl'/een The City of rlheat RicJgc, a rtunieipai Corpo~ation, ll<'f'f'inlftcr rcfc!ru:cl to as City, and _Balph Brienza hCl'Clnaftcr referred to as CXmer, , 1 ff - L r l (l c; ~. J i '/' . _ .), ';;;tlrTdESSf."f'/{ : = 0-.. <--d . ..... = !'/IIUZEAS, the u.'mer is the ti tIed Olmer of a tract of land in the City of wheat Ridge, County of Jefferson, State of Colorado, des- cribed as f01101'/s: - ----::-------- ( j~) ) \ - I ,-- ,.~ , ~ SeB AttachBd Sheet 2. IlHEREf1S, the OImer is developing a tract of land as described in Paragraph No.1, and in fact is being issued the following permits to do so: and Ridge 3. WHEREAS, All improvemBnts including street improvements required by City fronting 32nd & Owens __~ said tract of Jan(]"JS-aesenbeQTIJ Paragraph No. 1 and the ne,ighboring tract of .lad arc ,in':::JlTlp]r'te and below those standards as set out in SECTION FOUR:uDESIGN STANDARDS and SECTION FIVE: IMPROVEMENTS of the SUDVIVISION REGULATIONS: and of Wheat 4. ~/HEREAS, to be consistdnt k'ith the existing neighboring improvements and completion or non-completion of those impr.ovements as required by SECTION PIVF:: lNPROVEt1ENTS of the SUBDIVISION Rr:G(JT.lI~'JONS l"ill make no significant change at the pl"esent in those streets fronting that tract of land as described in Paragraph No.1, and the neigh- boring tract of lands; and 5. ~"llEREAS, in order to conform to those l'equ,irem::nI's iJS ,!:F;t out in SECTION c:)UR: DESIGN STANDARDS and SECTION FIVE: I1JPROVENENTS of the SUBDIVISION REGUlATIONS this agreement is hp.leby determined to be applicable. llOr." THEREFORE, BE: IT HEREBY AGRE:ED, TIIA T ffiFf- A. Property responsibility for meeting and conforming to those require- ments as set out in SECTION FOUR: DESIGN STANDflRDS ana SECTION FIVE: Il-JPROVENE,'ITS of the SUBD.TVISION REGULATIO~S is hpreby J'ccognized and a1!firmed...../:;,y oW/II~i~ . B. The Director of Public [lorks, upon the advice and consent of the Mayor, shall direct the O:mc, or his assigns and S'Jceessors to meet those re- quirements as set out in SECTION FOUR: DESIGN S7'ANDARDS 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: INPROVEME,VTS of the SUBDIVISION REGULlI~'IOllS 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. ~~-}';', 553 ~:'O'l Stl-1 The ~/2 of Tract 17, Brookside Subdivision, Jefferson County, Colorado except the North 25' of said tract 17 more particularly described as follows: Beginning at the center of Section 28, T3S, R69W of the sixth principal meridan, a lW' rebar in a rangebox; Thence 30.00' northerly along the North-south centerline of said Section 28 to the SE corner of said Tract 17 on the north R.o.W. line of W. 32nd Ave.; thence on a left deflection angle of 90020'55" 164.04' along said R.o.W. line to the SE corner of the said ~h of Tract 17 and the true point of beginning, a #4 rebar and plastic Jaschke Cap; thence 164.04' westerly along said R.o.W. line to the SW corner of said tract 17, a #4 rebar and plastic jaschke cap; thence on a right deflection angle of 90018'35" 1273.44' along the west line of said tract 17 to a point on the southerly P.O.W. line of W. 35th Ave. a #4 rebar and plastic Jaschke cap; t hence on a ri ght de flect i on angle of 89037' 00" 164.48' along said R.o.W. line to a point on the east line of said ~h, a #4 rebar and plastic Jaschke cap; thence on a right deflection angle of 90024'10" 1273.66' along said east line to the true point of beginning. The above described parcel contains 4.802 acres, more or less. "jo-: '\. / ': '-\:... 1 :!,~-j'1'1 555 D. .Ill the ev""L an impt'ov8ment district J5 CLL'dl (,d by the City to accomplish the intent of SECTION FOUR: DESIGN ST1\Nn~RDS and 5TC1'ION FiVE: IMPROVEMENTS of the SUlJDl VISION REGULATI0'15, the costs aeccssab1e shall be of direct benefit to thiJL property as drscribcd in Paragraph No.1 iJlIc7 She])) not: be costs that arc disproportionate Ivith costs aeeessablc to other nearby and like properties. 1O. Upon cxcc-ution of this DEVEI,OPMENT IlGI<EEdF:NT by the ci ty and O'.-:ners, the City IV,i),l waive the guarantees for publie improvements as set out in SEc',rrON THREE: PROCEDURE: (Subsection C , Parugrap," 5.) of the SUBDIVISION REGULlITIOLVS F. This agreement is executed by the Ot-mer pursuant: to the SUBDIVISION REGULAT.IONS of the CITY OF WHEAT RIDGE, passed, approved and adopted February 7, 1972, as amended. G. '1'he Parties hereto agree thZlt this DEVEWPMENT AGREEI1ENT, 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. 7~is 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. RECOI1MENDED BY: l ' C'..'j. [;--, .,.' I, {. c 1/ ~'^' Jv=r'~ 4../77 om~unity Development Department I ' "-- l l do- I Public Works Department i~f7E~ AS r c City Attorney City Administrator ! EXECUTED BY OWNER: ,/ ~,~/ EXECUl'ED BY CITY: ~ \ ~ /t( C j } ~ UL "t j ( 10, /hc'-/'/ , ' 'r , '- Mayor ATTESTED TO BY" ~ . -:: './ / ;'; 6 'X'-<- c1.{ ,./; Kt--::c .'/0'- (.. 'n' , ',"i. /1/ ? I City Clerk s.tJfe''Of Colorado County of Jefferson ss The foregoing instrument was executed '-:J-;7cO[(,!; _, 1922-, by , ;rLJ before me this !.)- L ;,{., , . ~''l? 0,;({ ~/.;J day of My commisssion expires: 1;);/1'1 I. -:,> /977 (~~/~ ~d~ Notary Public " :::r// ~~~