HomeMy WebLinkAbout0108
CITY OF WHEAT RIDGE -
To Tom Palmer, City Admin. From RO~-"f
Subject Development Agreement Date June 30, 1981
Approved 4005 Holland Street Date
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Attached is the above-mentioned development agreement which requires
signatures. The reason for the agreement is that there are no existing
curbs, ~utters, and sidewalks in the immediate area.
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Att.
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8106069'
DEVELOPMENT AGREEMENT
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County of J€i kr~c1i Stilte Of Co
THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF HHEAT RIDGE, is entered into this 26
day of June , 1981, between the City of Wheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
Stephen II. and Diana E, Beattv , hereinafter referred
to as Owner, and concerns property located at 4005 Holland Street.
"heat JUdge, Colorado 80033 ,
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WIT N E SSE T H .
WHEREAS, Owner is the titled Owner of a tract of land in the
Ci ty of l'lheat 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 June 26. 19811::0 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 consistent 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 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 Narks, upon the direc.tion 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 construct public improvements described above, 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 hO 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
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herein, said completion to be accomplished at Olmer's sole expense. 2
Owner agrees to pay for all improvements so made within 30 days of
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 Ovmer 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 AGREE~ffiNT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing covenant running with the land; prov~ded, however,
that this DEVELOPMENT AGREEMENT shall be released by the City upon
the completion by the O\mer of the public impru:ements described
herein, which release shall be evidenced by a s~gned document,
attested to by the City Clerk and bearing the Ci~y's seal, which
document shall likewise be recorded.
SPECIAL PROVISIONS AND AGREEMENT:
Tnp m,IDPYS ,"111 1 nsta 11 curb, "ut ter _ and siclewalk at 4005 Holland Street.
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8106069'
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
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RECOMMENDED BY:
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Public Works Department
APPROVED AS TO FORM: _'
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City Administrator
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City Attorney
EXECUTED_BY OWNER:
EXECUTED BY CITY:
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Mayor, City of vheat R~dge
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ATTESTED TO BY:
STATE OF COLORADO )
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COUNTY OF JEFFERSON )
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Clty Clerk
The foregoing instrument was executed before me this ~C day
of
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, 1981, by
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My commission expires:
My C(jmmlssfon ExpIres January 8. 198~
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DEED OF TRUST
THIS INDENTURE. Made this
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whose address is Utlu:; Holland st.:> ~'heat,r:;d':!1, G. )o~'""io
County of ,! d' f e)'non State of Colorado. party of the first part.
snd the Public Trustee of the County of ;~Sfl,rson
State of Colorado, party of the second part.
Witnesseth:
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THATWHEREAS...th~,p.~,rty,?f<~~J~s,tParthl!-se.~ecutt':d his ProInissoCY. ~ote bearing even date here\vith
for the principal sum of I -'>.,.:.... i ".... 1 \.llJ..JJI, I J !...lUu 'll!:J<.:.JJ A.Jlv ;,u/l.() .. .. - - - - - -- "Dollar.i,.
payable to the order of Western Federal Savings and Loan Association of Denver, Denver, Colorado (hereinaftu
called holder), with interest thereon from the date thereof and accordin~fP the tenor of said Note, and payable as in
said Note provided. The Note which this instrument secures matures :;> years from the date of this instrument.
AND WHEREAS. said party of the firsJ Jlart is desirous of securing to the holder of said Note thejayment
of the principal and interest of Aid Promissory Note. advances made thereWl.der and other promises containe therein.
NOW, THEREFORE. the party of the first part, in consideration of the premises. and for the purposes afore~
-~'S3,ld.and her~ setJo.rth. does hereby grant, bargain, sell and convey untgff~W of the second part. in trust forever,
~'the' fOllowing dt8cribed-.~~ ilSituate in the County of u,,'" ... .~. 'S,,' "'~d S~te-<>f~do,<to';'lWit~
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That part of Lot 10, WILD\'IOOD, described as follows:
Be~inning at the Southeast corner of said Lot 10; thence
Northwesterly along the Easterly line of said Lot 10, 185
feet; thence West Southwesterly 180.75 feet, more or less to
a point on the line common to Lots 9-10, 125 feet N'orthwc:,terlv
of the front corner of Lot 10; thencv 30uthcasterly along the .
line common to Lots 9-10 185 feet to the front corner of JJot
10; thence Northeasterly along the front line of Lot 10, 89.40
feet to the point of beginning, according to the recorded plat
thereof,
County of Jef:i:ersol1, state of Colorado.
TOGETHER with all building materials and equipment now or hereatter oeuverea to saw prc:nllset< ,JIm 'u.~
tended to be incorporated and installed therein. and all buildings,. improvements. fixtures or appurtenance.~ T'OW or
hereafter erected thereon, including aU apparatus. equipment, fixtures or articles, whethe1: in single units or centrally
controlled, used to supply heat, gas, air conditioning. water. light, power, refrigeration, ventilation or other ser....ic:es,
and any other thing now or hereafter situated therein or thereon. including but not limited to screens. storm doors and
windows. attached floor coverings, screen doors. venetian blinds. in.a.-door beds, awnings, built-in stoves, refrigerators,
water heaters. dishwashers and garbage disposers. including replacements thereof and accessions thereto, (all of which
are declared to be a part of said real estate whether physically attached thereto or not): and also together with an ease;.
ments. water and water rights. and the rents. issues and profits of said premises including reserves for payment of taxes
and insurance premiums which are hereby pledged. assigned, transferred and set over herewith.
TO HA VB AND TO HOLD the said described premises, improvements, fixtures, apparatus and equipment.
together with all and singular the rights, privileges, hereditaments and appurtenances in anywise E\ppertaining OT be.-
longing thereto.
IN TRUST NEVERTHELESS, That in the event of any default hereunder by the party of the first part, or
his successors in interest. according to the tenor and effect of said Note and this Deed of Trust, or in case of default in
the payment of any prior lien, time being of the essence, the legal holder of the indebtedness secured hereby IDay file
notice with party of the second part declaring such default and its election and demand that said property be advertised
for sale and sold in accordance with the statutes of the State of Colorado ill such cases made and pro-
Sale Upon vided; and thereupon said party of the second part (the Public Trustee) shall sell and dispose of said
Default premises (en masse or in separate parcels, as said Public Trustee may deem best). and all the right,
title and interest of the said party of the first part, his heirs or assigns, therein. at Public Auction at the
principal entrance of the Court House in the County of Colorado wherein the aforesaid real property is situate, or on
said premises as may be specified in the notice of such sale. for the highest and best price tbe same will bring in cash,
four weeks public notice having been previously given of the time and place of such sale. by advertisement. weekly. in
some newspaper of general circulation at that time published in said County in Colorado, wherein the aforesaid real
proferty is situate; ~opies of said noti~e shall ~e mailed in accordance wi~ the statutes of Colorado. governiug sales of
rea estate by Public Trustee, and saId PublIC Trustee shall make and gIve to the purchaser of saId property at such
sale. a certificate in writing, describing such property purchased. the sum paid therefor and the time when the purchase.!
(or other person entitled thereto) shall be entitled to a deed therefor, unless the same shall be redeemed as provided
by law; and said Public Trustee shall upon demand by the party holding the said certificate of purchase, when said
demand is made, or upon demand by the party entitled to a deed to and for the property purchased, at the time such
demand is made. the time for redemption having expired. make and execute to such party a deed to the said property
purchased, which said deed shall be in the ordinary form of 3. conveyance and shall be signed, acknowledged and
delivered by the said Public Trustee as grantor and shall convey and quit~claim to such party or parties entitled to
such deed, as grantee, the said property purchased as aforesaid, and all the right, title, interest, beudit and equity of
redemption of the party of the first part, his heirs, and assigns therein and shall recite the sum for which the property
was ~old and shall refer to the power oE sale herein contained. and to the sale made by virtue hereof; and in case of an
'>ssignment of such certificate of purchase, or in case of the redemption of such property, by a subsequent encumb:ancer,
, ~~si\ln:nent or redemption shall also be referred to in such deed: but the notice of sale need not be set out III SUell
'l,e said Public Trustee shall, out of the proceeds of such sale, after first paying and retaining all fees, chnrges
, making such sale, pay to the legal holder of s<lid note, the principal and interest due on said note. according
Jr and effect thereof. and all monies advanced by the legal holder of said note {or insurance, taxes. assess-
Jairs and other charges with interest thereon at ten percent per annum, rendering the overplus, if any, unto
;arty of the first part, his legal representatives or assigns; which sale and said deed so made shall be a perpetual
u in law and equity against the said party of the first part. his heirs and successors in interest and all other
~ rt:dm1nn thp' ~;:}i~ nr-o!'>ertv. or any nart tbp'!"f"'nf nv from. throuoh or nn,lpr t'hp ~irt n;,rl'v of thP fiT"c::t r.~rl
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This certifies that the obove Is on occurote plut 01 0 survey mode this
01 the property described os See Attached For Legal
including the location of Improvements, known eusaments, rlghts-of,woy
~urv<J'1 should ~~!.?Cl used for con~tructlon of func~5 or othor ''''l"rovemonts.
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CARLSON. HANSON & ANTON
1536 \'lclton Street
UenvClr, Colorcdo 60202
Phone 222,9741 222.9742
OWNER
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ADDRESS:
TITLE CO:
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Tms DEED. Made this
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HARLAN L. HAMILL and ALICE C. HAMILL
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of the County of
Colorado, of the first part, and
Jefferson
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STEPHEN W. BEATTY and DIANA E. BEATTY
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of the County of Jefferson and State of Colorado, of the second part:
WITNESSETH, that the said part i es of the first part, for and in considel'ation of the sum of
TdIRTY ONE THOUSAND AND NO/100 - - - - - - - - - - - - - - - - - - - BOLLARS,
to tho said part i e s of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Jeffers on and State of Colorado, to wit:
That part of Lot 10. WILDwOOD, described as follows: Beginning at the South-
east corner of said Lot 10: thence Northwesterly along the Easterly line of
said Lot 10, 185 feet; thence West Southwesterly 180.75 feet, more or less,
to a point on the line common to Lots 9 - 10, 185 feet Ncrthwesterly of the
front corner of Lot 10; thence Southeasterly along the line common to Lots
9 - 10 185 feet to the front corner of Lot 10; thence Northeasterly along the
front line of Lot 10, 89.40 feet to the point of beginning, according to the
recorded plat thereof; commonly known and numbered 4005 Holland Street
TOGETHER with aU and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part i e s of the first part, either in law or
equity, of. in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, lmto t.he said
parties of the seeond part. their heirs and assigns :forever. And the said part i e s of the first part, for them
sel yes ,thei meirs. executors, and administrators do covenant, grant, bargain and agl.'ee to and with the
said parties of the second part, their heirs and assigns, that at the time of the en sealing and delivery of these pres.
ente t hey are weU seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bar-
gain, seU and eonvey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever.
except the general taxes for 1971 and subsequent years; and except easements
and restrictions of record.
and the above bargained premises in the quiet and peaceable possession of the said parties of the seccnd part, their
heirs and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part i e s of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part i es of the first part ha ve hereunto set thei !hand s and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
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STATE OF COLORADO,
County of Jefferson
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'f11~.i~:&ii6t,~~r~i!strument was acknowledged before me this
19t.f~\,~".~~;;it~fll~L. Hamill and (,lice C. Hamill
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,- My,i!OlllmissHI'i\,exputee
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day of
July
,19
. WitnellS ~ hand and official seal.
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, ) Nota7Public,
No. 921. WARRANTY DEED-To Joint Tenants.-Brad!ord Publishing Co., 1824-46 Stout Stre€t, Denver, ColoraJo-8-70
.U by natural person or persons here Insert name ot" names; if by person actin~ in representative or official capacIty or as
attorney-in-fact then Insert name of person as executor attorney-In-fact or other capacity or description; if by officer ot cor-
poration then insert name ot such officer or otficers as the president or other officers of such corporation, naming H.-Statutory....
Acknowled!Jment~ Sec. 118...6-1 Colorado Revlse{} Statutes 1'J5:L ?~~'7N
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