HomeMy WebLinkAbout0115
?-~
1 THIS DF:VFLOrf.1ENT i\GHES1-lEN'l', as auth()rizc~l by t.he SU1!IHVISI(:)N
EEGULATIONS of the CITY OF ,mEAT HIDGE, lS entered In-Lo thu; ~l
day of December , 1981, betwepl1 the City of \'lhcat Hic1ge, -0.--
MunicipiJ,T'Corporution, hereinafter ceferred -Lo as City, and
. Rol)er.ta~:~---IDJ..Cl:,1i~hapl n. LlJec>s (Joss Ltd.~__, hereinafter referred
to as Owner, and concerns property located at 12000 'Jest 52nd Avenue
~vlheat Riu~e, 1~'o1orCllo
DEVELOPMENT J\CHEEf.lEN'l"
! l' ~:
(lIP
8: 7 :
I.. ...'
t -, "i 1"; 'i
I I t. L J
I ... I..
- 'I I..
/-1
WIT N E SSE '1' H .
\'mEREJ\S, 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
l\'HEREAS, Ovmer desires to develop the Property but has not been
issued a Building Permit as of December 31, 1(}')1 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 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 land;
and
WHEREAS, in order to conform to those requirements as set out in
the SPBDIVISION REGULATIONS oi the City, this agreement is hereby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for meetin~, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the Cit~ is hereby recogniz~d by Owner.
2. The Director of Public Works, upon the direction of the ~Iayor
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 \"i th 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 90 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-
contraclors, und to complete t.he publ ic improvement s descri b(xl
('Y')
C'-I
C'-I
1'--
c:::>
C'-I
ex;)
10.
herein, ~;aid complc,tion to be accoll\pli.~>hell at O\vn('r'~; ~;olc ('XP,'ll';('.
Owner agrees Lo PelY for all improvc'ltH'n Ls so m:lllc within :J 0 cLtY~, 0 f
the date of completion, OWllor furthC'l: alJro(~in<J thLl!.: uny amount
resulting from his failure to pay for any imprOVGlll'nt Lhll~; CCJllli'lll:l'll
shall constitute a lien upon the Property above de~cri bc;d in [h,>
actual amount of the public imrrovements completed, less any p~y-
ments made by Owner, plus inte~est on the amount unpaid at 10
percent per annum from the date of completion, plus any co,,~ts ')
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 HEGULATIONS 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 discreL:on, may require a cash or surety'
bond to be held in escrow by the City to secure completion of
the public improvements descrlbed herein. Said cash or surety
bond shall be in a sum sufficlent to cover the estimated costs
of th..:: construction of the pu;)lic improvements described herein,
said estlmate to be made ~t Ol 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 ,:ay, at its sole option, complete
or cause to be completed, said construction and use all, or any
part, of the cash or surety ~ond 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.
This DEVELOPHENT AGREEMENT shall be recorded with 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:
Installation of C"llrn, ._;"nttpr~ f'ivp f'nnt \,rirlp c::il-l~i,T~lk- qnrl iT'1rY'ryuE"n.enta (pipill'." ()Y'
open ditch) to irri"ation ditcn as reauI'I'ed 1," ('l'tv ~('rn~s t~ f' t f'
__ _~'__~ Q__~~_ .rlP rOll n prn~p~~y
3-d iQcent t,n C)~l1l t-'VPllllP (-is Del' lcual les~rivtiOl1 8ttr:lC:npd.
- 7. ..
("I?
C"oJ
C"oJ
~ IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
c:::>
C"oJ
co
RECOMMENDED BY:
3
\
~. --_\ ~
------..:,. ~- '" ~
,'-, /
.' / I
f ///
.// ~.._-
Ci~ Attorney
-,
,
,_~ECUTED BY OWNER:
J
"-~, (
/ I
_~~c- j ~
- ;
~~
~._ /" , (,U:Z~
-. City A inistrator
)
EXECUTED BY CITY:
,
< t' ( 1.-.- -f....t. ;
Mayor, City of Wheat Ridge
ATTESTED TO BY:
M .'<
~- ,~. "
'- ~ / //-~-1 />';-;'i. I'
c< L<"~/" (________ '("0.-
City Clerk -~~
.\
~ . i
, .
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
,-
'/
'>.
\ ,
~"'lo,,, -::
, ,
The foregoing instrument was executed before me this 31st clay
of December , 1981, by Michael D. Lucas & Roberta L Murray (Joss Ltd.)
My commission explres:
'*$' - ;k~v;l: '.
-'\~ 1. ~ '~:"'("f' ~";
... ,,; c,~ \; ~"q." "=:
, ';~ \-1' ,r:!:.
_ '}:' , . \ ~
~::> ~t, >
< I , '~..:::.:;
LJ '...) '"
-.. ,,'"
'-- ...-'
/
.
, r L -1-"""'/
~
::: (CI.
";~""...,
,"-'/,'1 ,~ . ~ \
//~,._ .),- .C
'~I' ~~ ,\~.
\ ,.,! 1 '."~ '
,\0"
- 3 -
IMPROVEMENT
12000 W. 52nd., Ave. 1
10? ;
~A part of Lot 14, described as follows: Beginning at a point on the North line of sal,
~Lot 14, which is 98 feet East of the Northwest corner thereof;
::thence South, parallel with the West line of said Lot 14, a distance of 157 feet;
~hence West, a distance of 98 feet to the West line of said Lot 14;
~hence North, a distance of 157 feet to the Northwest corner of Lot 14;
oothence East a distance of 98 feet to the Point of Beginning,
STANDLEY HEIGHTS,
County of Jefferson,
State of Colorado.
LOCATION CERTIFICATE
\ 'Zoo::)
\\1 ':::t2. M /::-..'-Je.
I?>c:'.
,
~~.O
Po. e::.
.". "
.'"
II
f
1'2..6' "I
U\
~
, I-LEVa-
~ FI2.r.>..ME'.
8.~ t2..es
r.
.. .
..,' 'l'~~ 18.0
-0
I
U\
~..'
'~
q;
-0
~
~ue
~
,
,"", '2..0
q2:>.Q
.
I hereby certify that this improvement location certificate was prepared for
Sacurity Title Guaranty Co. , the improvement location being based
on a previous property survey that has been monumented by others, or my own
property survey at the time I prepared this improvement location certificate,
and THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, and that it
is not to be relied upon for the establishment of fence, building, or other
future improvement lines.
I further certify thet the improvements on the above described parcel on this
date, September 11, 1981 , excspt utility connections, ere entirely within
the bounderies of the parcel, except as shown, that there are no encroachments
upon the described premises by improvements on any adjoining premises, except
as indicated, and that there is no APPARENT evidence or sign of any easement
~~:~~~::T :~:v:~:~:. ~:~. part f~ii~~t;;;~~~excePt a. nated't) lK
PO 80X 1544 =_-_ :. 11636 j :_=
WHEAT RIOGE, CO. 80033 _ DATE
(303) 423-1515 ~ ,"~ ('"1' oQ: ."0:
":;.",;.... "" 4; .' <::)1
.... .., ". OSUR>l~.' ~.
'" I"r- ........ ,,~....-t
',,'" OF CO\"v,,'
111"'It."","'" I
ao___.____ -.,.....,....,.,..r"'I n~~.~.L......__....t......, r:.nnn
c&
!
D.F.
\
\J~
t..
"
>a........
c co
~ en
.. ..~
.CO
~...-!
0-
LL1
c./)
s~
~ ~
. p..
.
o
z
o
g
f-<
<J)
OIUUU,JU\J
IJul -ll.l I V jul IV" U,
Rpl'ordt'd at
O'dtl('k
M.,
_. County o[ JQlf~r~c't1 ~tate. of ~()~
~
Itt.t't'plioll ~II.
Recorder
FILI~GSTA~lP
Tills DEE". Made this 8th
dayof
September
w8l ,hetwe..n
MARCELLA MAHONEY and JOSEPHINE TRUJILLO
oftht.
Cuuntyof
Jefferson
/
and State of
I ulnrado, of Ull' fir~t part. and
JOSS, LTD., A PARTNERSHIP
Joss, Ltd., Tech Plaza
\\h..,..I"",al ad,lrt,,, is 6390 Joyce Dr. #200, Golden, 80401
..ftl", Count) of Jefferson and Stat..ofColorado,oflhes"cond part.
WIT~ESSETII, That t1", sai,1 party of 111<' fir,' p,".t, for anll in consid,'ration of th" sum ;Jf ($66,750.00)
SIXTY SIX THOUSAND SEVEN HUNDRED FIFTY AND NO/100-----------;~--~---- DOLLARS,
to lh,' said party of the first part in hand paid by the said party of th" s"cond part, th" receipt wher"of is h"r"by
\'onf{'l":-;t>d and al'knowh.d)!t'd. ha:-; Krantpd, harJ!ainp<1, sold and conveyed. and by these presents does ~rant. barS!ain,
:-'l'Il. l"onvt"Y and <<:onfirrn. unto tht.' ~ai(1 party of the :wcond part. his heirs and assiKns forever, all the followinK
d,'scribed Jot or parc,,1 of land, siluate, lyinK and b"inK in th"
( ounly of Jefferson and Stat" of Colorado, to,wit.
A part of Lot 14, described as follows: Beginning at a point on the North line
of said Lot 14, which is 98 feet East of the Northwest corner thereof;
thence South, parallel with the West line of said Lot 14, a distance of 157 feet;
thence West, a distance of 98 feet to the West iine of said Lot 14;
thence North, a distance of 157 feet to the Northwest corner of Lot 14;
thence East, a distance of 98 feet to the Point of Beginning, STANDLEY HEIGHTS,
County of Jefferson, State of Colorado.
also known a~ street and nUmbE"T
12000 West 52nd Avenue
TOGETHER with all and sinJ('ular th" h"reditaments and appurtenanc"s thereto b"Jonging, or in anywise apper,
taining-. and the reversion and reversions. remainder and remainders, rents, issues and profits thereof; and all the
estat", riKht, title, inter"st, claim and d"mand whatso"v"r ofth" said party ofth" first part, eith"r in law or equity, of,
in and to the abov" barKain"d premis"s, with th" her"ditam"nts and appurtenanc"s,
TO HAVE A1I:n TO 1I0LD th" said premises ahov" bargain"d and d"scribed, with the appurtenances, unto the said
party of the s",'ond part, his heirs and assiKns for"v"r And the said party of the first part, for himself, his heirs,
executors, and administrators, do"s covl'nant, ",rant, bargain, and agree to and with th" said party ofthe s"cond part,
his heirs and assiKns, that at the time of the ens"alinK and d"livery ofth"se pr"s"nts, he is w,,1I seized ofth" pr"mises
above conv"y",I, as of good, sur", perfect, ahsolul" and ind"f"asible estat" of inh"ritance, in law, in fee simple, and has
guod r;Kht, full pow..r and lawful authurity to grant, bargain, s,,1I and convey the sam" in manner and form as
aforesaill, anll that the san1<' are f.."e and c1..ar from all form"r and other grant., bargains, sales, li"ns, taxe.,
assessm"nts anll en,'umbran...., of whalever kind ur nature soev"r. except taxes for 1981 and subsequent
years; and subject to easements, restrictions, reservations, and rights-of-way of
record;
~
o
o
P'l
and the abov"d bar",ained pr..mis"s in th" qui"t and p"ac"able possession of th" said party of the second part, his
ht>irs and assigns against all and ('very person or pt>nwns lawfully claiming' or to claim the whole or any part thereof.
lhe said party of the first parI shall and will WARRANT AND FOREVER DEFEND Th" singular numb"r shall
inclull.. th.. plural. lh" plural tlw singular, and the US" of any K"nd..r shall b" applicabl" to all Kend"rs.
IN WIT1I:ESS WHEREOF, lhe said part)' of the first part has h"r"unto s"t his hand and s"al th" day and y"ar first
aho\,(J writtt.u.
...~--~--- ---
In {(/l.UtL.~I22~V.
Ma lla Mah f}Y ~. I.,
B.JL:. .'
Jo phine Trujillo, At rney in
fl~ /J ~~ 11u "Lt
j~;ffrluJ 1110 ~
(SEAL)
[SEAL]
[SEAL)
fact
[SEAL]
"
--._~i-C~-----_._--
STAT.F. OF ('OLOHA DO
,.., ~ Countyof Jefferson
I ss.
Tilt' (;JteJloing instrunwnt wa:-; fu'knowh..dKt'd ht'fore me this
8th
day of September
1!1 81 ,Iov Marcella Mahoney, By Josephine Truj illo, At torney in fact and
Josephine Trujillo
My ('(lrllllll~~ioll ,'xpin'~ February 6 ,19 85 Witnt'~s my hand and official ~t'al.
,.. q'l'),\ \.>,\111/\'-"\ 11"''''11
/\<1 L<.y'-+-//;JL-----'-----n-~---
.>'L' (', j ^- ti. l. V..{ /7<.) it. , NUl"". "uhl<<
1/ ' c' .' '0.,.(1'1/