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~ounty-orJetfefson-Stale o,@
DEVEUWHENT AGREEMENT l,l;'li,~il1~~ ,I
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TH\S \)[VLLOi'~'ifIH ,\GIJCH\EIH. as auti,urized hy theSUBOl'i'iSWN. ,l'l.EG.Ub.A'nO:IS of
the CITY OF \'iiIU\T IHDr,E is entered into this 28 doy of ..tJ,~LY . 19 79 ,
bcL~\'l.:cn the City of \'Jhe~t Rid(Jc, a Hunicipal Corporation, hereinafter referred
tc as City, and --,_EDWIN S. AL~EN , hereinafter referred to
as 01,me r',
\~UW(S:iE':H :
1, ;'iilli\l:AS, the O\iI1eri s tl\,~ t I tlccl O\':ner uf il tract of land in the Ci ty of
\'ihcat Riclqe, COl:nty of Jefferson, State of Colorado, described as follcl'/s:
WHEAT RIDGE OFFICE PARK
AS PER ATTACHED EXHIBIT "A" AND EXHIBIT "B"
ALSO KNOWN AS 7323 WEST 38TH AVENUE AND 3885 UPHAM
2. \1t1EPl:.^S, the DI'.'n,;1' desires\to develop that tract of land as described in
Paragraph No.1, and in fact ,_ HA~ ROl._ been issued a Building Permit
( has/has not)
as of "JULY 201-J979 to do so and
\1HE REM; , CURBS. GUTTERS AND SIDEWALKS
boarding that tract oTlandascrescribed in Parag.rap,M No,. 1 and the
neiql).~rinq tracts of hnd are incomplete and below those standards as
set out in the :,U8DIVISION REGULATIONS of the City; and
3.
4,
MIEREAS, to be un'~ form and consis tent \o/i th the existihg neigl'1boring
impl'(}V~tI1('nts l\f'\od co~pletion or non-completion of those lllilRfoven-ents as
~qutr~d by ~S[{tTION FrVE: nlPROVU1ENTT~,of the SlJBQlVlSt41~ :;~EJ;ULATIONS
Iyj lln~ke no $ i (]r\ i fi can t chan Sle at ttre--'~trnt'f(' trl,rroS'e--~t.trte,t'tfronti ng
that tl^act erf lill,G as described in Paragraph r~o 1 \ ond the ne.t>oring
tructs of lililcl; Mid
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5. \'!i\ERE^$, ii' oreler to confotm to those requirements as set o'wt i.n the
SU8DIVISION REl~UU\TlOtlS of the City, this agreement is hereby determined
. -w be rrop'~r
N0\1, THE',~E:F\W.[, 11 '::, i\EREI3Y ^CREED, THAT:
i\ The l'e~;pDn'oilJil1tJ for meetil1<j, conforming tOlllnd providj,t)"9;"those
l'e'1\li rpn\en tSjlS set out in the S Ul3D I VI SIONRE Gt:JLATl GfifS :ef\t:he City is
hereby recogni z(~d by O\~ner.
U. The Directur of Public \-larks, upon the advice and c,ons8oI'\t of the Io\ayor.
shlll1 dil'ec.t tlH' U\mer or his assigns and successors to meet those
rcquirl'lI1l'nts a:; spt out in the SUBDIVISION REGULATIONS of the City.
c, U;)on receipt of such notice to furnish or construct the public improvement
uS requi n:d under the SU13DIVISION REGULATIONS of the City, Owner hereby
ugrees to (Ol1stnJct and furnish at Owner's cost, SIKh itllprove1l'1ents as are
required by the SUBDfVISfON REGULATIONS of the City, and to do so in
conformance \vith the c1esilll1 standards of the SUBDIVISION REGULATIONS
oft he C i t y .
D, In the event an Improvement District or a Special Improvement District is
created by the Citytt> improve or provide those requJrements as set out
in the SUBDf~J,S[Orj REGULATIONS for those streets or streets fronting that
tract o~ land as described in Paragraph No.1 above and the neighboring
tracts of lands, the OI~ner or his assigns and successors agree not to
o[1pose its creation.
(, In the I.:ven','t/! ij.rmlhn'iPiN}~eroojift'I{)'~'~~:r'i't:'~4~~'!created by the City to provide
the i1liprOVf:'loicnts as provided by the SUI3DIVISION REGULATIONS, the COj'ts
assessable aClainst the property as described in Para(,H',a~ <<.9...,.1 .shan not
be disproportiollate Ivith costs a::;sessable to other nefl:rbyand like properties.
1. \
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, 11, I,' [," [) \'
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f. Upon exccutloll of tllis DEV[LOf'l'lUIT M;f\f[11Un by the City and Owners. tITle
City \~ill vlaile the irrmediate guarantees for pUblic improvements as set
out in the SUoDIVIS10N REGULATIONS of the City.
G.
This aGreement is executed by the owner pursuant to the SUBDIVISION
.
l'IEGULATIONS of the CITY OF WHEAT RIDGE
;t.
H. The parties hc,reto aqree that thi~ DE\1t:tOPMENT AGREEMENT, by its terms,
shall be binding upon the City and the Owner, and upon the assigns and
successors thereof, and shall constitute covenants runninQ with the
described property,
SPECIAL PRnVIS[ON~ AND AGREEMENTS'
~
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,
TI1 i s DEVELOP1'1ENT ^GREEr~ENT shall be recorded vii th the County C1 erk and Recorder.
IN \-IITNESS \oIIIEf\EOr, the parties haJe set their hands and seals on the date first
sho\'/n. ,
RECO~\l'\ENDEO GY:
APPROVED /\5 TO FORH'
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.4..4 -/h)
__,_?t,p--~~
Ci tYI\ttorney
OH rlo~~l~
EXECUTED BY CITY:
~' ~~- -i
Mayor, City of Wheat Ridge .."
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ATTESTED TO BY:
CHyCI erk
5Tl\TE OF COLorADO
55,
COUNTY OF JEFFERSQ!1
TIle forQ(joinq instr,1I1K:nt vias executed lJefore me thls :20 'U1day of
~\ili1
,19 70 b 2-d
_~:l,__' Y _ (A II n
~ IClU ,e,n
Hy COl1uni s sian
'J)0rr-e (If ~O~(()
Notary Pub ic
E xp i re My ~m!!'Jss'on~sF!bJt......_
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6(1' 'llErJ ..1 III Or:
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.. " ERK'S OfftC
''f CL
" BOX 638 RAOO
WHEAT RlOGE. COL.O
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REV. 1/79
E X H I BIT "A"
7907!r204
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To that certain Warranty Deed dated January 3, 1979 by and between
WAYNE E. PEARSON AND LODEMA J. PEARSON, parties of the first part, and
EDWIN S. ALLEN, party of the second part.
LEGAL DESCRIPTION...
PARCEL A:
The Northwest quarter of the Southeast quarter of the Southwest quarter of the
Southeast quarter of Section 23, Township 3 South, Range 69 West, together
with any and all rights in easement for private roadway conveyed in
agreement recorded in Book 270 at Page 543, and together with an additional
ten feet described in Book 306 at Page 460, all of the Jefferson County
re cords.
PARCEL B:
The Southwest Quarter of the Southeast Ouarter of the Southwest Quarter
of the Southeast Quarter of Section 23, Township 3 South, Range 69 West
of the 6th P.M., except the West 100 feet thereof and except the
North 85 feet of the East 175 feet of the Southwest Quarter of the
Southeast Quarter of the Southwest Quarter of the Southeast Quarter of
said Section 23, together with all rights in easement for private
roadways conveyed in agreements in Book 270 at Page 543 and in
Book 306 at Page 460, all in the City of Wheat Ridge, Jefferson County,
Colorado.
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791'204
E X H I BIT "B"
To that certain Warranty Deed dated January 3, 1979 by and between
WAYNE E. PEARSON AND LODEt1A J. PEARSON, pa rti es of the fi rst part, an d
E~IIN S. ALLEN, party of the second part.
Subject to taxes and assessments for 1979 and subsequent years; and
subject to recorded easements, restrictions, reservations, restrictive covenants,
rights-of-way and any other instruments of record, if any, and subject to
all governmental laws, rules and regulations and any restrictions limiting
the use of the conveyed property and any encroachments on or about any
property 1 ine.
CI~"9f-W~nft)GE ~
C~TY CLERK'S OFFICE
POBOX 638
WHEAT RIDGE, COLORADO 80033