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HomeMy WebLinkAbout0051 [xhi,pit ,':W g l~ 0 '5 It i6 ','(" " i ,; , 1 L1~ 5:'::' ., .0 b c; \ ~ 1 UUiii',.' ui J'.:\\!:r;;;".~:l ,St~1tE' .,oi '. "'1rnrd:'1r1 ~I'l (: '7(~ 1~Z5 <-'-"o' ........ , . ,; DEVELOPMENT AGREEMENT ------.--.------- 3107 7()oj THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the CITY OF V/HEAT RIDGE, is entered into this 28__ day of October , 19.12, bet\^Ieen the City of \.Iheat Ridqe, a r'lunicipal Corpo\'ation, hereinafTer referred to as City, and Theodore M. Fonk and Rose Marie Palaze hereinafter referred to as Owner. ------ t.JITNESSEn: 1. WHFREAS, 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. Part of Lot 14, CONWAY HEIGHTS, according to the plat thereof recorded March 8, 1911 in Plat Book 3 at Page 7, described as follows: Beginning at the Northwest corner of said Lot 14; thence South alonq the West line of said Lot, 137 1/3 feet; thence East, perpendicular to the West line of said Lot, 105.0 feet; thence North, parallel with the West line of said Lot, 137 1/3 feet to the North line of said Lot 14; thence West along said North line to the Point of Beginning, County of Jefferson, State of Colorado; Together with all improvements situate thereon =d , , Together with the following dry cleaning equipment: Shlrt Llne, Drapery Press and Dry Cleaning Press. 2. \mEREAS, the Owner desires to develop that tract of land as described in Paragraph No.1, and in fact, has been issued a Buildinq Permit to 'JO so; and 3. yJHEREAS, Curb, Gutter, and Sidewalk on West 38th Avenue and on Jay Street at boarding that tract CiTland as descr11;ed in Paragraph No:TandThe-" -6170 neighboring tracts of land are incomplete and below those standards as set out in the SU8DIVISION REGULATIONS of the City; and W. 38th Avenue 4. WHEREAS, to be uniform dnd consistant with the existing neighboring improve- ments 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 desrribed in Paragraph No, 1, and the neighborinq tracts of land; and h v. \1HEREAS, in order to conform to those requirements as set out in the SUB- D I V I S ION REGULAT IONS of the City, thi s ag reenlent is herehy determi ned to be proper. NOW, THEREFORE, IT IS HEREBY AGREED, THAT: A. The responsibility for meetinq, conforminq to and providing those require- ments as set out in the SUBDIVISION REGULATIONS of the City is hereby recognized by Owner. 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 require- ments as set out in the SUBDIVISICcJ R[GUL,~TIONS of the C'ity. C. l'pon receipt of such notice to furnish or construct the publlC improvement as required under the ~UBDIVlSION REGULATIONS of the City, Owner hereby agrees to construct and furni sh at Owner I s cost, such improvelllents as 'lY'P required by the SUGDIVISION REGULATIONS of the City, and to do s') in con- fon:1anc" with the desi'gn standa'rds of U; ~,UeDIVISION REr,ULATIml:> of thp. City. D. In the event an improvement district is crpated by the City to improve or provide those requirements as set out ili the SUBDIVISION REGULATIONS for those streets or streets fronting that tract of land as described in Paragraph No.1 above and the neighboring +racts of lands, the Owner or his assigns and successors agree not to oppose its creation. E. In the event an improvement di strict is created by the City to provlCiC the improvements as pro\ided by the SUBGIVISION REGULATIONS, the costs accessable against the property as described in Paragraph No.1 shall not be disproportionate with costs accessable to other nearby and like properties. 31(V7 704 i. 31q7 705 F. Upon execution of this DEVELOPMENT AGREEMENT by the City and Owners, the City will waive the immediate guarantees for public improvements as set out in the SUBDIVISION REGULATIONS of the City. G. This agreement is executed by the Owner pursudnt to the SUBDIVISION REGULA- TIONS of the CITY OF WHE~T RIDGE. H. 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 propel^ty. This 8EVELOPMENT AGREEMENT shall be recorded with the County Clerk and Recorder. IN WITNESS WHEREOF, the parties have set their hands and seals on the date first shown. RECOMMENDED BY: Q!'?}7 p-artment - ( L l~ -- ~ J - ''':.:N ( '. rC' ,,. J7< ,4"(.l.L.. I c) ..! { I / PLl:l1lic Works Departmen-r----~~ JWAA8'VEB-~ --- ~lc Lt I:",o,y ~D BY OWNER:! _J-r~ ',J~ / ) " _/" '(,7. , ! ~ 1~//;!77 ITtYACfnll n i sha tor----- EXECUTED BY CITY: ,/ <. ~ i,' ./ " I'll Mayo-r- - --- ' . . I ~(.. r ,"1/ I/~ ATTESTED TO BY: ./ ~' ,./~,/.:, ./ .- ,// '-7) ,'/ '., ./ <--"/:..e.,~' (// ~_/C?";-Y~17' / Llty Clerk-':.\ / . i 1 n 'i1 11.j.. I _ '/ ~ ~ r ""'''. ' '/.... ..I{~; ~" " . . ~ , STATE OF COLORADO ) )SS. COUNTY OF JEFFERSON )., I, f, The foregoing instrument 'Has executed beforjrnJr}.his ;2! ~." ,~' ~"f;{ ,tJU ~. , 19 77, by J#!. ~ It. (}-r--I(~.-<. 7A; ..., ~.' " --. , J /11. ~~~~.",~:..-~ ] Notary Public -.. . tJ My Commission Expires:_ ";-7-;:'/ <') - L - 3107 705