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I:xhibit "H"
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78026740
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DEVELOPMENT AGRE~~T
THIS DEVELOP~1ENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of
the CITY OF WHEAT RIDGE, is entered into this 30 day of December ,
1977, between the City of \i!heat Ridqe, a HunicTpa'l Corporation, hereinafter
referred to as City, and George D. Leman & Bonnie H. Leman
here; nafter referred to as Owner. ,-~-- ___m__
WITNESSETH:
1. WHEREAS, the Owner is the titled Owner of a tract of land in the City of
WheJt Ridge, County of Jefferson, State of Colorado, described as follows:
Lot 21 Lionel Subdivision and Lot 22, Lillian's First
additi~n, except that portion of Lot 22.conveyed in
instrument recorded September 10, 1968 1n Book 2046
at page 393. County of Jefferson, State of Colorado.
2. WHEREAS, the Owner desires to develop that tract of land as described 1n
Paragraph No.1, and in fact, has been issued a Building Permit to do so;
and
3. WHEREAS, curb, gutter, and sidewalks on Pierce St & 44th Ave.
boarding that tract of land as descriued in Paragraph No. l"an-d the
neighboring tracts of land are incomplete and below those standards as
set out in the SUBDIVISION REGULATIONS of tne City, and
4. WHEREAS, to be uniform and consistant vlith the existing neighooring i"1prove-
ments and completion Or non-completion of those improvements as required by
SECTION FIVE: IMPROVEMEN1S of the SUBDIVISION REGULATIONS will make no
significa~t change at the present in those streets frontinG that tract of
land as described in Paragraph No 1, and the neighboring tracts of land;
and
5. WHEREAS, in order to conform to those requirements as set out in the SUB-
DIVISION REGULATIONS of the City, this agreement is hereby determined to
be proper.
NOW, THEREFORE, IT IS HEREBY AGREED, THAT
A. The responsibility for meeting, conforming to and providinq 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 ~nj consent of the Mayor,
shall direct the Owner 0)' his assigns and successors to meet those require-
ments as set out in the SUBDIVISION REGULATIONS of the City.
C. Upon receipt of such notice to furnish or construct the public improvement
as requiced under the SUBDIVISION REGULATIONS of the City, Owner hereby
agrees to construct an~ furnish at Owner's cost, such improvement~ as are
required by tho SUBDIVISION REGULATIONS of the Ci"y, and to do so in con-
formance with the design standards of the SUBDIVISION RE~ULATIONS of the City.
D. In the event an improvement district 'is crnated by the City to improve or
p\^ovide those requirements as set Ollt in the SUBDIVISION REGUl.ATIONS for
those streets or streets fronting that tract of land dS described in
Paragraph No.1 above and the neinhboring tracts of lands, the Owner or
his assigns and successors agree not to oppose its creation
E. In the event an improvement district is created by the City to provide
the improvements as provided by the SUBDIVISION REGULATIONS, t~o costs
accessable d<]Jinst the property JS described in Paragraph No.1 shall not
be disproportionate with costs accessable to other nearby and like properties.
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F. Upon execution of this DEVELOPMENT AGREE~1ENT 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 pursuant to the SUBDIVISION ~EGUL~-
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 runnina with the described
property.
This DEVELOPMENT 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:
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APPROVED AS TO FORM:
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City Attorney ,
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City Admini~ rator
EXECUTED BY OWNER:
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ATTESTED TO BY: ,r- ~
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City Clerk 7~
STATE OF COLORADO
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COUNTY OF JEFFERSON
The foregoing instrument was executed before [lle this
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RECORDER'S 'STAMP
TlIIS DEED, Mad. thi.
1976 ,between
.lilY of (Yl.",'{
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PETER DEL MASTRO and r-1i\HY
husband 'and wife
uEL Ml\S ':'RCJ ,
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o.f tilO County of ':;,"::icr~on
Colorado, of the tint part, and
GEORGE D. LEMAN and BON",IE ll. LEl'lMJ
and State of
of the County of
WITNESSETH, that tha .aid part
ONE HUNDRED THOUSAND AND
Jcffrrson and Staw of C,.lorado,oithe .econd part:
of the fint part, for alld in conaidoration of the .um of - _. - - - - - - - ,
NO /100-- ------- - --- -- - - -- -- ---- -- -- .vOLLAftS,
to the eaid part ot the tint part in hand paid by the &Ilid parties of the .erond part, the rl'<'eipt whereof i.
herebyeonteued and aclrnowledred, ha iranted, bariained, fold and roo Vl')'ed, and by theM presents do
<<rant, barvain, ..U, conny and ..,nfirm Ilnto the .aid parties of the second .,al't, their hein and assigns forever, not
ID ten&DC)' In eotnmon but In joint tenancy, all the followinr described lot or parcel of land, aituate, lyini and
~ In the C<>unty of J e f fer so n and State of Colorado, to wit:
LOT 21, LIONEL SUBDIVISION and
LOT 22, LILLIAN'S FIRST ADDITION,
EXCEPT that portion of Lot 22 conveyed In
instrument recorded Septe~er 10, 1968 ln Book 2046
at page 393.
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TOGETHER with all and lingular tho hereditaments and appurtenances thereunto beloni'ing, or in anywise
appertalnlllw, the ......emOD and reversions, remainder and remkinderB. renllo, j",uee and profits the"""f; and all the
estate, rlWht, tlU., llltereat, claim and demand whatl!o<n"er of the .ai,l partles of the first part, either in law or
equity, of, Ia and to the ahoy" bargained premises, with the hereditaments and appurtenances.
TO HA VE AND TO HOLD the ...Id premiseB above bal'l(ained and described, with the appurtenances, unto the saiu
partin of the seeond part, their heira and assigns forever. And the Baid part ies of the first part, for them
Bel ves ,theilhelrs, execntol'1l, and administrators do coyenant, grant, barg-ain and agree to and with the
..id parUea of the &<<ODd part, their ~in and a..igns, that at the time of the .ns.alini and delivery of these pres-
Inta they are welllleized of the premises ahove conyeyed, as of good, aure, perfeet, IIbsolnte and indefeasible
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eatata of inheritance, III law, In fee simple, and loa ve good right, fnll power and lawful authority to vant, bar. :
gain, sell and convey the aame in manner and form aforesaid, and that the eame are free and clear from all former I:
and other granta, bargaina, ..lee, lien., taxes, a.seB.mente and encumbrance. of whatever kind or nature aoever.
excppt texes for 1976 )" J', '<D~C ,: ,nt YI! ,fS, and c::cciJ! e ..,2;,;ll',,5, '
restr:ictions, rescrvatlvi'J', ,il u I ic':I~S of wuY of record, if any
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and the abo". barvalned pn!tDi_ In the quiet and peaceable polIlIeasion of the uid parties of the second part, their
heirs and aaslll'Da, aplnat all and every person or persone lawfully claiming or to claIm the whole or any part thereof,
the ..id part ies of the first part .hall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the .aid part ies of the first part ha ve hereunto oet theiltland 5
Mal S the day and year first above written.
Slcned, Sealed ed De1in""d in the Presence of
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STATE OF COLORADO, 1
""""01, Countyot Jefferson JRO.
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..' < 'l1i';'f';rq.;Inf(I~t:U,,",nt wa. acknowledr,-ed belore me this ~r~
W~'.'llr"'T.j>ar~~ Mastro and l'lary J. Del Mastro
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No. 121. W A.1l&.&.N'" DKKD-T. J..' ,.."..ta..- Oradtllrd rubllehln. 00.. 111'....... ftlO\Jt At.~ [)<<on".", Colo..,.do-l~TI
-If b7 natural pet"'llOn or pe~n. here In..ert nllme" or n.mf"; It b., ppnwrtl actlnlt' tn r~r",,".,ntlltlVfl Or" orrlnh..' capAcity or n..
attorD.-y-fn~f"ct. then In.tort na.mfl of fw'ntOn ... f'l':#'Clllnr Altom"7-tn-fJLl'f fll" oth~r (,I\V"f~1 y {.r ",...ert,lt'nn I If b,. O('kflr nt ('ur-
1>nf'&ttf'llft UUI" htHrt nil"". of .,I('1h ofrt....r o-r l"oHk....ll1 Ill_ tt.. u""""..nt nf'" fin,..,. nffl.."t". ..r .n,.h ,.nq~(l"'ttnnl nam'n. t..- '"""II hH" 1I
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