HomeMy WebLinkAbout0104
" I
~; I
r~ r ~'l
e,J
" --.,-".)
"-----/ /
--
&PO
. (
. - ~, .....
DEVELOPMENT AGREEME-NT ,I
-'
3
THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 23
day of Februarv , 1981, between the City of \vheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
Zeff Properties , hereinafter referred
to as Owner, and concerns property located at 10251 I'I. 44th Avenue,
\Jheat Rid"e, Colorado (Ptarmi::>;an Condominiums)
I
WIT N E SSE T H
---......,...-----
WHEREAS, Owner is the titled Owner of a tract of land in the
City of Wheat Ridge, County of Jefferson, State of Colorado, more
fully described in Exhibit A, which is attached hereto and expressly
made a part hereof (which property is hereinafter referred to as
"the Property"); and
WHEREAS, Owner desires to develop the Property but has not been
issued a Building Permit as of February 23, 1981 to do so; and
WHEREAS, curb, gutter, sidewalk and street improvements boarding
the Property and the neighboring tracts of land are incomplete
and/or below those standards as set out in the SUBDIVISION
REGULATIONS of the CitYi and
WHEREAS, to be uniform and consi3tent with the existing neighboring
improvements, the 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 the Property and the neighboring tract,s of landi
and
WHEREAS, in order to conform to those requirements as set out in
the SUBDIVISION REGULATIONS of the City, this agreement is hereby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the Cit~ is hereby recognized by Owner.
2. The Director of Public Works, upon the direction of the Mayor
or the City Administrator, shall give written notice directing
the Owner or his assigns and successors to meet those require-
ments as set out in the SUBDIVISION REGULATIONS of the City and
to ccnstruct public improvements described above, including
curb, gutter, sidewalks and street improvements.
3. Upon receipt of Euch notice to furnish or construct the public
improvement as required under the SUBDIVISION REGULATIONS of the
City, Owner hereby agrees to construct and furnish at Owner's
cost, such improvements as are r~~quired by the SUBDIVISION
REGULATIONS of the City, and to do so in conformance with the
design standards of the SUBDIVISION REGULATIONS of the City.
4. Owner agrees to construct, or cause to be constructed, all public
improvements required hereby within 0 c>_ days of the date of
receipt of the notice described in thp preceding paragraph. In
the event such public improvements are not completed within such
time, the City is hereby authorized to enter upon the Property
either by its employees or through agents, contractors, or sub-
contractors, and to complete the public improvements described
l,
c
J
r ~
I,"
herein, said completion to be accomplished at Owner I s sole expense. 2-
Owner agrees to pay for all improvements so made within 30 days or
the date of completion, Owner further agreeing that any amount
resulting from his failure to pay for any improvement thus completed
shall constitute a lien upon the Property above described in the
actual amount of the public improvements completed, less any pay-
ments made by Owner, plus interest on the amount unpaid at 10
percent per annum from the date of completion, plus any costs
incurred by the City in collecting same; including court costs
and attorney's fees.
5. In the event an Improvement District or a Special Improvement
District is created by the City to improve or provide those
requirements as set out in the SUBDIVISION REGULATIONS for those
streets or streets fronting the Property and the neighboring
tracts of lands, the Owner or his assigns and successors agree
not to oppose its creation, or subsequent assessment of the
costs to the Property.
6. In the event an Improvement District is created by the City to
provide the improvements as provided by the SUBDIVISION REGULATIONS,
the costs assessable against the Property shall not be dispropor-
tionate with costs assessable to other nearby and like properties.
7. This agreement is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE.
8. 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 Property.
9. The City, in its sole discretion, may require a cash or surety
bond to be held in escrow by the City to secure completion of
the public improvements described herein. Said cash or surety
bond shall be in a sum sufficient to cover the estimated costs
of the construction of the public improvements described herein,
said estimate to be made at or about the time of the notice
described in paragraph 2 above. In the event the Owner fails
to complete the public improvements within the time specified in
paragraph 4 hereof, the city may, at its sole option, complete
or cause to be completed, said construction and use all, or any
part, of the cash or surety bond to pay for, or cause to be paid,
all bills and costs incurred in completing said public improve-
ments. Any interest earned on any escrow funds shall be the
sole property of the City.
10. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing covenant running with the landi provided, however,
that this DEVELOPMENT AGREEMENT shall be released by the City upon
the completion by the Owner of the public improvements described
herein, which release shall be evidenced by a signed document,
attested to by the City Clerk and bearing the City's seal, which
document shall likewise be recorded.
SPECIAL PROVISIONS AND AGREEMENT:
(h..Jnpr c:.h::111 hp rpc:.l'l'lnc:ihlp rnr thp I'nnc:.tTl1rrinn nf r~~rl1t-tPr, c:.ic1p\.r,T::),lk~,
and all street improver.:1ents ,[rontin:; his propertv at 10251 \<. 44th Avenue,
\Vheat Ridge, Colorado.
- 2 -
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
-3
RECOMMENDED BY:
APPROVED AS
City Attorney
/
/
4,~i<.~A~
City Administrator
/
I
/...... '-----
~-------
",...~
tXECUTED BY OWNER:
EXECUTED BY CITY:
f'~~
7~
! U
_ "jii'F"'-""'t .'
'-.- /l IA {, ."' . '*"~'i. .
Mayor, cI~y' ;f'Wheai,7Ridg~;("':l~>:
. !" ,,(.i>i ..
t1" '~
ATTESTED TO BY: 7' '
...
,
of,
> 1.---)'
. ""
\\- .
<:f .;
C;~'" j 1-;;:3-
City Clerk
".'" ---t
'-.:
>)
l'-
STATE OF COLORADO
ss.
COUNTY OF JEFFERSON
The foregoing instrument was executed before me this
i / day
~
of ~./" l, ,:
, 1981, by
"
/j-; (
/- '/-/
" .
My commission expires:
/
L .:
,.,
.;
, .
,;,
,.y'/ ,/
\ . '"
, '
NOtary Public
..
j~
.,\'. r l,-. :)> -..'\
~!' 'Ii J.
. -.~...
'f., ',.
/
/;. "
'"''';\
,
~I f"i'
4d
.... '" r;--~ ,....'-
C';~ I ~...,:l
- 3 -
CITY OF WHEAT RIDGE -
To Tom Pal1'1er, City Admin, From Rodger . , PUbli~kS
\ i
Subject Development Agreement - PtarmigarPate aarch 5, 1981
Approved
Condos
Date
Attached is a development agreement for the above-mentioned development,
The purpose of this agreement is that a portion of the development fronts
West 44th Avenue; and, until such time as we decide what to do with that
street, we aren't requiring street improvements, curb, gutter, and side-
walk for developments fronting that street.
ROY!vab
Au.
HITOI(kd at
~.... o'd",.k..._. ,M..
{{(,Cl:"Jl\ Inn No
.Jt"cord~r
__ -I
n~cordcr'R Slaml'
'1'111') DE!':)), ~1a,I~ lhi" 22l>d <Ill, of Ill-, "11\1"'1"
JD elO, Ll'lWl'l'll
\1. 1\. l\f)),^'; LNTI',j{l'IUSFS, lNC.,
n corporatiulI dilly orgnnil.ed nnd ('xi:,lill;; ul'.dl'l.' anll by virtllC of the lnw3
of the Stal~ of
Colorado
of the fir"t part, nnd
ZEIT l'ROl'ERTl.ES
of tho City ilnd
Colorado
County of Denver
of tho ",'c0nd part:
and Stato of
WITNESSETH, That the said party of the fir",t part, fnr "nd in consideration of the sum of -------------
---Three [[undred 1\vl'nty Six 1'hOU.';;111<J Unc llundred Scventv Nine ,me! no/lQO--DOLLAltS,
to th~ 3aid party of the first p,nt in band paid Ly the gaid p:u.t y of the :;~cond part, th~ receipt wher~of is here-
by confessed and acknowledgcd, halh r:ranted, Laq;ai1\cd, sold and c,mveycd, and by these presents doth grant, bar-
gain, sell, convey and confirm unto the said part y of the second part, its heirs, and assigns for-
ever, all of the follo\\'ing' d'-scriL"d lot or llarcel of land, situnte, lying and being in the
County of Jefferson nnd State of Color:ldo, towit:
'Lecal description attached'
A portion of Lot 1, 44Tll C;TW' FT '/TLI!\(~!'., 'lC,:01-,} i.n9 t () ti-,,~ 1:[ [CL i <11 [;evelopment
Plan and Plat, recordeJ i\ll'Just '), 1')7J 111 P.lat Book 2 at I',i(;'_' J';, more
particularly described as folln~s:
That portion ~( the \'Jest ': of tlw ":.i,;t " o[ 1:11,' r-:E', of ,'- t LUn 21, T J S, R 69 vi,
of the 6th l' .1'1., in Jeff"rson County, Colorado, mon" part i,_ llo;,rly de~;c:t:ibed as
[0110'.015: Beginning at a poi :1t on tJ-", Ea.st L~:w of the :',.1 ill \'l~ 0f the El; of the !lEt,
which lies N 000 00' 47" E a distal,ee of 45.00 fe,,,t from tJ1C centerline of West 44th Ave.
extended, thence (1) N 890 34' on" \.; parallel to the ~;orth li/\'] Line of said \'I(:st 44th I,ve.
for 375,00 (eet, (2) N 000 00' 47" E i:or 29') feet to int.-r:;ect tLe easterly exte:1sion
of the North Line of that trCl.cl dc;c;cr jl",d in Book 738 at Pa.<l" 259 of the Records of
said Jefferson County, (3) r, 3')0 34' 08" \'l alon,] said Nnr U\ !,ine and the extension
thereof for 120,00 feet, (il) I, 'JOo 00' 47" E for 436.99 feet, (5) S 890 55' c,-" E
for 494.99 feet to intersect the sdid East Line of said W~ of the E~ of the ~~~,
(6) S 000 00' 47" N alonq said East Line for 730,00 fcet to ~hn P0in~ nF Rp~inn'n~
together with a Non-exclusive Easement for ingress and. "Cjrcss over and across the
fo llowing deser ibed traet of 1 and: Tleg inni ng at a point on t:he East Line of sa id
\./ J., of the E ~ of the NS !. which lies n 000 00' 47" E a distMlcc of 45,00 feet from
the centerline of ','Iest 44th Ave. extended, thence (1) tl 890 34' 08" \'1 parallel to
the North Line of said \'lest 44th rIVe. for 18.'00 feet, (2) S 000 00' 47" \'1 for 10.00
feet to a point on said Nor th H/I-l Line, (3) S 890 34' 08" E a10llg said llorth R/I-l Line
for 18,00 feet to a point on the East Line aforesai.d, (4) !, niP 00' 47" E along said
East Line for 10.00 feet to the Point of Heqinninq
, !
County of Jefferso:1, Colorrt(lo
and Ll,c "bove bargained premises in the quiet and peacea!.>le possession of the said party of the second part
its " heirs and assigns, ag:linst all and every pe"on or persons 1:1'\'liully cl2imin~ or to claim the whole
or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part h:lth caused its corporate name to be hereunto
subscribed by its President, and its corporate seal to be hereunto affixed, attested by its
Secretary, the day and year first above written.
Attest:
"4'~'"''''~__.'__''''''U'''''U_'''__''''U''''_'''''''''..............._..........ns~~.;;~:.;.y-:
ll. B. BOLAS ENTERPRISES, INC..
,._.,',i'!...,C;.C?1..0.J:0,d..~,..C;gEP.R.E.~.~,~.?~".....,._.....-...........,...,..,..
By,......,....,4f!(-:r:.O:::~:::2...,..,.._..,.............,.,..
P~Mt'nt.
STATE OF COLGHADO, }
RB.
__.eit _~,..i111.d........ Co u n t y of _.... ...D.~)}y.g.I........
The forrg'oing- instrument wag ncknowlcdg'cd before n1C this
198J ,I:,y
22nd
day of
December
\
r
L____w
a8
l'rcsidC'Ilt and
Secl'e!.nry of
li-corporntion.
as
H. 8, BOLAS ENTERPRISES, INC., a Colorado
My noiarial cOffimi"'liOlll'X]liros ft'Druary 26, 1983
\Vi:":"'::h,,:"""d,,if"',,l~i&lg,__ .........
:~-=--==--:::==:::::..==--_:.:==-==:=:==-_:::.::::_--=~~-:_---~:=~---
]\0. 40H. W^H1t^~TY PJ:ED-COI'4inr,dl<lI\.~llltul(.,r\1 l'\\t,l!!'.Mflit {'..o.. W.'H.(!'i ~n~l',lt ~tr('M. 1)l"!\v<.'r. f'...-.1nrtl,lo-!,t.73
\ ----....
CHI.CA/{. \ '1.'1'1'1.:['" IN "l'IJA~T(. (
\. 0 . ~ S ) \. 1'0 ~E C" _vIP ANY
,r
I'{<L.F:
i
sew-' .utlLE .\
j., fFf-CCTl'.;E \.)rllE I nECE:lIl~U( HJ~ l~~r'JlJ HT B: no ,'.Ii
UiSt:'. tlO. O:il4-fJO--1.2';;':'1
;;:. POL.JC.' Of~ I'CiLIcrr::s TO in:: ISSUEIII
R. AlTA GWN~~'9 POLICY
AliOIlNTI
-H7,OtlO.OO
1'1<IJf>O~)t:.li Ul:lI1:{1 n:
ZEn,- PI~CJPE\."f lES
D. ~LTA LOAN POLICY
AMOUNT I
i.I).OO
f'ftOP OS<:.H HISUHt;.I) I
J. filE [STt~rf~ OR IMfERf:ST f.N THE U';Nl) Dr::scrHBED OR f\EF\'I~r~F:J) Tn IN Tl-IIS
UmMnl1Ern MHJ COVER!:.l) Hf:fH::J.11 IS r. FE.E Sli1PLE (!I'll) 1'1 iU:: 1HE[<ETO IS
Ai (HE E~FEcrIVE DAr~ HEREfO VESTED I~:
raJI!E.rn '-lW;ELE.: i-1N)) HELEN I.: , MIJGELE I {IS JOXrH Il'~1Vt1J< j.:)
'l, THE: L.\ND REFt'.RREii 'f0 It1 TuIS CtlMI1XTi'1EI'lT r:; DESCi~ iDEe. (1~'i FtlLLO"I,,:
p.;ln OF 'ffiE Ei--)::;T t/2 OF nlF. rJEi/4 OF SECTION 2i) TOtl,ISHT.P 3 bourll >
RANGE 0'/ t,H.::H Of HIE 6TH P.M. fJEHCRIJ.iEu A~:; FDLUW3: FIEG!NNING AT fl
POINT 1.IHIlH 1~; ON Iii!?: NOf<1H fllCllT nF HAY LItlE OF '.'.lE'H 4-1Hi (;t)EHUE
PHE.ScrHL.'{ DE-s.tGNAn:.,!) AS cnLORi',on IHGHl,jn( no. so ,if HIE:- SOU1HEt',ST COPi'!ER
01'" ImE.hJALL G;.'!RlJE.N SUBj)ll)lSlOH~ 1HE-NeE [o"\f:i1U,Li ,o,:.Ot-lf; ll-iE: unRl11 R1GHT
(}r- l,JAY OF \.lFST 4411-1 AVEI>!UE :J.2\i Ff.:I~r TO THE HWE !,'tJHH OF l:H.::GINNING:
THENCE NOM1H 10 ~E~lJ l~EN~~ EAST PARALLEL TO THE NUR1H HI~Hr OF WRI
LINE Of ~J~ST "VI TIi f'o\IENUE 3"78. S6 Ff.€: r, MI)RF.: or~ Ln~s, Tn THE ESTAiE: Ln.:!:.
OF lHE !.JESr '-/2 OF 111::: Ei~ST 1/2 OF IHE ('!F.i/-l DF SECTION 21. J lHErJCE
~:;OUTHERL 'I' t\LliNG nlE EAST LJ.Nf:': OF HI:::: (JEST i/;:~ OF THE E"iST J/Z~ OF THE
r~E'l/-1 lJ1" SU;THJN ;:~l) 10 FEU; lHEtJ(f. HF..SH.lR'r' ?'.Lf'JilG THE HOIHH RIel.1T UF
WAY LINE OF WEST ~~rH AVENUE 378,S6 FEEf hONE OR LESS TO THE TRUE PDINl
(iF i~Ef.> 1 rhl1.l.!(;, f.;OIJrll Y OF H:.F F ER t:;CJN I CULOR ADO.
fonM 36..3
\
i
';
810
r, r- I") r.
~ . ,
..;. L.....
~_\ . t , , ~ I ,I,
10 _ i..... ,-',
"! ("\, ~8
\ I .J ...J
(~r' 1-)
I ....-
~
-
.-,-
~pb
i ;', I: I '" I
II :'~'i..~..tcctC8
DEVELOPMENT AGREEMr&N'i'ltl
THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF \vIIEAT RIDGE, is entered into this 23
day of February , 1981, between the City of Wheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
Zeff Properties hereinafter referred
to as Owner, and concerns property located at 10251 H. 44th Avenue.
Wheat Rid<>e. Colorado (Ptarmigan Condominiums)
/_3
WIT N E SSE T H
---------
WHEREAS, Owner is the titled Owner of a tract of land in the
city of Wheat Ridge, County of Jefferson, State of Colorado, more
fully described in Exhibit A, which is attached hereto and expressly
made a part hereof (which property is hereinafter referred to as
"the Property"); and
WHEREAS, Owner desires to develop the Property but has not been
issued a Building Permit as of February 23. 1981 to do so; and
WHEREAS, curb, gutter, sidewalk and street improvements boarding
the Property and the neighboring tracts of land are incomplete
and/or below those standards as set out in the SUBDIVISION
REGULATIONS of the City; and
WHEREAS, to be uniform and consi3tent with the existing neighboring
improvements, the 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 the Property and the neighboring tracts of land;
and
WHEREAS, in order to conform to those requirements as set out in
the SUBDIVISION REGULATIONS of the City, this agreement is hereby
determined to be proper.,
,
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the Cit~ is hereby recognized by Owner.
2. The Director of Public Works, upon the direction of the Mayor
or the City Administrator, shall give written notice directing
the Owner or his assigns and successors to meet those require-
ments as set out in the SUBDIVISION REGULATIONS of the City and
to ccnstruct public improvements described abov~, including
curb, gutter, sidewalks and street improvements:
3. Upon receipt of such notice to furnish or construct the public
improvement as required under the SUBDIVISION REGULATIONS of the
City, Owner hereby agrees to construct and furnish at Owner's
cost, such improvements as are required by the SUBDIVISION
REGULATIONS of the City, and to do so in conformance with the
design standards of the SUBDIVISION REGULATIONS of the City.
4. Owner agrees to construct, or cause to be constructed, all public
improvements required hereby within ~ C/ days of the date of
receipt of the notice described in the preceding paragraph. In
the event such public improvements are not completed within such
time, the City is hereby authorized to enter upon the Property
either by its employees or through agents, contractors, or sub-
contractors, and to complete the public improvements described
.-
8\019529
Cc
he,
herein, said completion to be accomplished at Owner's sole expense. 2-
Owner agrees to pay for all improvements so made within 30 days or
the date of completion, Owner further agreeing that any amount
resulting from his failure to pay for any improvement thus completed
shall constitute a lien upon the Property above described in the
actual amount of the public improvements completed, less any pay-
ments made by Owner, plus interest on the amount unpaid at 10
percent per annum from the date of completion, plus any costs
incurred by the City in collecting same; including court costs
and attorney's fees.
5. In the event an Improvement District or a special Improvement
District is created by the city to improve or provide those
requirements as set out in the SUBDIVISION REGULATIONS for those
streets or streets fronting the Property and the neighboring
tracts of lands, the Owner or his assigns and successors agree
not to oppose its creation, or subsequent assessment of the
costs to the Property.
6. In the event an Improvement District is created by the City to
provide the improvements as provided by the SUBDIVISION REGULATIONS,
the costs assessable against the Property shall not be dispropor-
tionate with costs assessable to other nearby and like properties.
7. This agreement is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE.
8. 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 Property.
9. The City, in its sole discretion, may require a cash or surety
bond to be held in escrow by the City to secure completion of
the public improvements described herein. Said cash or surety
bond shall be in a sum sufficient to cover the estimated costs
of the con~truction of the public improvements described herein,
said estimate to be made at or about the time of the notice
described in paragraph 2 above. In the event the Owner fails
to complete the public improvements within the time specified in
paragraph 4 hereof, the City may, at its sole option, complete
or cause to be completed, said construction and use all, or any
part, of the cash or surety bond to pay for, or cause to be paid,
all bills and costs incurred in completing said public improve-
ments. Any interest earned on any escrow funds shall be the
sole property of the City.
10. This DEVELOPMENT AGREEMENT shall be recorded w~th the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing covenant running with the land; provided, however,
that this DEVELOPMENT AGREEMENT shall be released by the City upon
the completion by the Owner of the public improvements described
herein, which release shall be evidenced by a signed document,
attested to by the City Clerk and bearing the City's seal, which
document shall likewise ,be recorded.
SPECIAL PROVISIONS AND AGREEMENT:
OtJnpr c:::.n:::.l1 hiP l""pc:.pnnc::.ihlp fnl"" rhp ('()nc:.rrl1rt-;nn nf rllrh~ ~l1t"t-pr) c::.inPtJ;'=11kc::.!
and all street improvements fronting his property at 10251 I,. 44th Avenue,
Wheat Ridge. Colorado.
- 2 -
C (1
U U
,~' r-
J '
J
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
-3
RECOMMENDED BY:
APPROVED
~{~}~dh.~
BY OWNER:
EXECUTED BY CITY:
'Il~
7-4{
,/j" . r'~#~'NO >..
~A'.A f: /...+--'/-' :.Jo... 'I,
/...-t,<W .1---<.~(,,~ ","'..... ,...
Mayor, Clty 0 Wheag ic:lge 4( ~) >: '.,
l :.1 ...1" ....~.: (',
~,., : I(l y'" '.'. ~. : ~") ':
: ,~. 'j.t, ~l..l. ~~ . ~
\~ ~. " ~. ......
...., . / ",:,4'~./t" ' ~.'
.~c /y" /": /k?#?Y. .! \'. ,". j:- .
City Clerk
ATTESTED TO BY:
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was executed before me this ~I day
of
T~'(U!d.{1
I
My commission
, 1981, by c--V.l
expires: Uff'-;"f>i ,),
I
;<:'-C' / -/__
j [
I')t :;..
",HI.'llll'",.
,,"'.. >l t: ""
..,' \I}. 1\ ~ f '
.... <. .~. ';
...... \, r- .......
.'" , ~ . -f> '-
//,~ ire T,4 1>:}" c>,\
;r -<) rlJ- " =
" ".0 ~ .~ :
,\ '1t'U!J/\" . ",iff
~., ~ l, oJ \, ~
.~rr~~'\w.- ~t d"~ Q ~
..~.. ~}.. ..~ ~ ~..""
'"Of'" ..,,~^ \l.~ ,,'
//I~ eO Lv ,~~
'IIIIt;II:;III"'\"
.~,-"--!-",,:,, ,f
Pi f_ 72t:- ,~'" ''-'l -- l..,;-)
No ary Public
,)
/.:/ t' ;t; ~ i"--
!.,.t<<'
- 3 -
CITY OF WHEAT RIDGE -
To Tom Palmer, City Admin. From Rodger Yo
c.......
Subject Development Agreement - PtarmigarPate March 5, 1981
Approved Condos Date
Attached is a development agreement for the above-mentioned development.
The purpose of this agreement is that a portion of the development fronts
West 44th Avenue; and, until such time as we decide what to do with that
street, we aren't requiring street improvements, curb, gutter, and side-
walk for developments fronting that street.
ROY/vab
Att.
neool'<l"11 nt. ...
)...,.....o'dock..........., M.,
).................,..........
/
.necordor
((ec<,pUolI No,.
TlIlS ])EED, ~1:\lI" lids 221><1 dllyor Ih't'l'lI\lll'r
19 80, bl'tween
H. B, BOI.AS I':N'I'I',IU'IU SES. ] Nt:. ,
a cOfJlornlioll dilly Ol'l:l\nh,ell IIn,l <'xbtilll: \11 111 "'. alld by virllle of the Illws
Ilecordrr'n Staml)
-- 11
or th" StlltO of
Colol-ado
of the !il'st part, and
ZEFP PROPERTIES
of tho City nnd
Colorado
County of Denver
of the ","eond part:
and Stale of
WITNESSETH, That the said party of the first pllrt, for and in considcration of the sum of ---- ---------
--Three Hundred TI"cnty Six Thousand One lIundred Seventy Nine ;ll1d no/lQO-DOLLAIlS,
to thc said party of the first part in hand paid by the "aid part y of the ,;econd palt, the receipt whereof is here-
by confcssed and ncknowIcu{;'ed, hath r:rnllted, "arg'ailled, sold and conveyed, llnd by these presents doth grant, bar-
gain, sell, convey and confirm unto the said part y of the second part, its heirs, and assigns for-
ever, all of the iollowing' described lot or parcel of land, situate, lying' and being in the
County of Jefferson and St.ate of Colorado, towit:
'Legal description attached'
^ portion of Lot 1, 44'rl1 STru-:ET 'JTLI.^GI:, .lCCorJi.lhJ t,o the l'fftLii'll Development
Pl~n and Plat, recorded August 'J, l'J,}~ ill P,l..It 13ook:2 at 1'01(;,_'1'7, mOl'C
particularly described as follnhS:
That portion !Jf .the l'lcst I:l of th,~ !,a~;t ~ ot 1:11,' NE'. ot '>c:' L tun 21, T 3 S, R 69 101,
of the 6th P,J.I, , in Jefferson County, Colorado, more partit:!ll3.rly described as
follows: Beginning at a poi:1t on Ull: Icast Line of th" '';,) ill \.]~ nf the EI:l of the tlEI,
which lies N 000 00' 47" E a distance of 45.00 teet from Lhe ct,nter1ine of West 44th Ave,
extended, thei1ce (1) N 890 34' on" 1'1 parallel to the ",orth 11/1'1 Line of said \.]8St 44th l,ve.
for 375,00 feet, (2) NOaa 00' 47" E for 290 feet to intc:rs(~ct the easterly extension
of the North Line of that tract dcscribc,d in Book 738 at P,1.<je 259 of the Records of
said Jefferson County, (3) 1< 890 34' 08" \.] along said Nor t11 Line alld the extension
thereof for 120.00 feet, (4) N 000 00' 47" E for 436.99 feet, (5) S 8g0 55' ()~" E
for 494.99 feet to intersect the said East Line of said W~ of the E~ of the NE~,
(6) S 000 DO' 47" W alonq said East Line for 730.00 feet to ~h~ Pnin~ nF R.~innin~
together with a Non-exclus,ive Easement for ingress an'1. C'<.Jrcss over and across the
following describC'd tract of land: 13eginning at a point on the East Line of said
\'1 I, of the E ~ of the NE I, which lies n 000 00' 47" E a distance of 45,00 feet from
the centerline of \'Iest 44th Ave. extended, thence (1) 11890 34' 08" 1'1 parallel to
the North Line of said l'lest 44th Ave. for IB:OO feet, (2) S 000 OQ' 47" \'1 for 10.00
feet to a point on said North H/I'] Line, (3) S 890 34' 08" E along said North R/W Line
for 18.00 feet to a point on the East Line i'lforesaid, (4) K 000 00' 47" E along said
East Line for 10,00 feet to the Point of l~qinninq
I
County of Jefferso:1, Colori'l(lo
and t.."c, above bargained premises in the quiet and peaceable possession of the said party of the second part
its , heirs an~ assigns, against all and 9very person or persons Inwfully claimin~ or to claim the whole
or any pnrt thereof, the saId party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to he hereunto
sub~ribed by its President, and its corporate seal to be hereunto affixed, attested by its
Sec:rctary, the day and year first above written. .
Attest: H. B. BOLAS ENTERPRISES, INC..
...-..'................'.....'....,.....,...,....,..........,..,.....,.................,..........,..."..,..f!..,.,G,C?19.E[!.d.,C?".~.C?EP.9.!:",~,~,~.C?!:l:,.,......_............,...........,..
Sc<rcl..ry. ,-U
ny......,...,..4f..?(J,.:O~......,~2"...,........,.,...,...........
P~ldent.
. STATE OF COLORADO, }
. SL
_,CiJ;.)[...i:lU,d........Counly oL....,D,m2Y.~.I.......,
The iore!;oin:,:- instrument wa. ndmowledr:cd beiore me this 22nd day of December
198:) . J:.y liS PresidC'l1t and
us Secreta..,. of
H. B. BOLAS ENTERPRISES, INC.. a Colorado rt:corporntion,
M)' Ilotllrill! comrni~"h!n cXJliro~ fl'lJrunry 26, 1983
l[ w;:::=:"b::,':"'."'fl,'":~t1-'r~i,&,............ .......
[ ,_-.-:__u_____ -------0-- Notaro I'ybllo.
~(h 40B. WAH1tANT\' rll:Ell-('oflIOrQlInll.-.1ltnMllnl ]'ulJlI"hlnk Co" lf12(.(11 Rt.o~lt ~lr('f.t. Ocnver, f'......lM",ln-n.18
(\ ---'
CI-IICA\.J TITLE INSUEANCE c,.. jIPANY
r
i f.GF :
i
SCHE.Olll.E f\
1, ~FfEGTIVE DHIEI DECEnUER 18, 198U AT 8lQO ~M
l.fjSE rID. :it-'l-fJO--i2';.)')
;:'., I'OUC{ OR I'CILICIES TO feE ISSIJEOI
B, Hl.TA m,lNEIP S POLiCY
AHOllNTI
~17)OOO.O(!
I'HOPOSt:.l) UI:jI/:{1 I):
ZEFt=" PROPERTIES
B, ALTA LOAN POLICY
tlMQUNTI
1.1).00
f'FWPClSElJ HISUIH:.I) I
~. TIlE ESTArr: OR INn=:RF-ST J:N THE L(,ND OESCrHflEO OR rH':H.l~r~F.:.o TO IN THIS
CfJIH11"fMErn IH-ID Ct)VEf<EI) HEREJ.H lS r. FE.E SIiiPLE: Mm T1 ru:: THEI~ETn IS
l\f fHF.:. E;=-fEC fIVE Di;!::: HERE ro \1;;;;51'1::.0 H~:
r<Oi'5Srn liU(,E.U:: AN)} HELEN D, I1IJGELt, AS JOJ:rlT H:'''''11(/;)
4. nil': L.'.NO REFt:.RHElJ TO W THIS Ct1MrHTMEN r 1'3 {)l=:SCiUfIEJ) A':.i FllLU)~I~;:
P,';I<l OF- lliE EA~;r 1./2 OF nIl:. NEi/4 OF SEcnON 2i~ TO~rlSHJ.P 3 1:',QUTl-I,
R/-ltl!;E 0'7 lH~3T Of nn-:: 6TI-I P ,11. fJEHC1UJiED AL, fDLU}l.!S: FiEG.rNiiING AT A
POINT !.JHICH IS UHlliE NOf<1H f(lGIIT OF I.-JAr LU!E OF ':JEF;T 4-1Ht (jllEWJE
PRESE~TLt DESIGNATED AS COLORADO HIGHWA( NO, S8 AT r.12 SOUTHEAST CORNER
Ol~ Dt~F..lrJAU. GARliE.N SUBDIVISiON; lHE.NeE ErlS1EHLi ,':",:.Drlf; TW:: r!nrn H R1Gli1
OF WA~ OF WFST 441H AVENUE 120 FE~r TO THE TRUE POINT OF BEGINNING)
THE~CE NOM1H 10 ~EE1J lHEN[t EAST P~RALLEL TO THE NOR1H HIGHf OF WAl
LINE Or ~/:::ST -HTI1 ?iVENUE: 378,56 fF.f.:r, Mor~F: OH u~~~s, Tn THf-: ESTATE Ln:E
OF H.E !~E:sr 1/2 DF lHE: EAST 1i2 OF 1 HE r.1F.i/-1 DF SECTION 2'1. > lHEtJCE
SOUTHERLY .\LONG THE EAST UN:::: OF HI:=: (JEST 1/;:~ OF TI-IE EfiST J/Z~ OF HIS
f~E.'I./4 OF SECTION 2:1.,10 FEEl; ll-lEtKE. !'IE.SH.lR'r' f.'.UJi!G TI'II':: HOIHH RIel-IT UF
WAY LINE OF WEST 44rH AVENUE 378,56 FE~r hOME OR LESS Tn lHE TRUE P0IHl
(iF llEf..lrhIHIG~ COUrH Y OF JEH'ERSON, COLfJRi1DfJ,
fOAM 36.."
r
i
"
j'