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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION rt~
REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 21st ,/ "r,,'
day of October , 1981, between the City of Wheat Ridge, a
Municipal Corporation, hereinafter referred to as City, and
APPLE RIDGE, INC. , hereinafter referred
to as Owner, and concerns property located at11333 fv. 38th Avenue
Wheat Ri,lqe, Co1or~do 80L'33
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 October 21. 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
WHEREA.S, 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 SUBDIVISION REGULATIONS of the City, this agreement is hereby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
l. 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 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 100 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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82017220
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herein, said completion to be accomplished at Owner I s sole expense. ;.
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 lO
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 createp. by the City to
provide the improvements as provided by th€lSb~~~VISION 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 requlre 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.
This DEVELOPMENT 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:
Improvements covered by this agreement are curb, gutter and sidewalk on Robb St. and
40th Avenue The West half of Queen St. imDrovements incluc1e Daving, gutter, curb
ann sidewalks [vh.ich [vill commence when one half of the Lots are sold and transferec1
and to be Finished within the 100 days. Notice to commence construction shall not be
given prior to such transfer. If 311 Lots including Lot (1) are sold to a single new
owner, the rights to obliGations hereunder shall Dass to that new owner, or if Lot
(1) is sold to a single np[v o[vner and all other Lots are sold to a second single owner
then the rights to obligations hereunder shall Dass to that second new owner.
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82017220
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
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REC
BY:
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City Attorney
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City Administrator
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~JECUTED BY OWNER:
EXECUTED BY CITY:
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Mayor, City of Wheat Ridge
APPLE RIDGE REALTY, INC.
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Bettlj M. Wells. President
ATTESTED TO BY:
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STATE OF COLORADO
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COUNTY OF JEFFERSON
The foregoing instrument was executed before me this
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My commission expires:
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Notary Public
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Exhibit A
LEGAL DESCRIPTION
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Beginning at the southwest corner of Section 21, T3S, R69W of the 6th P.M.;
thence east along the south line of Section 21, a distance of 824 31 feet
to the center line of Tract 6, of Brookside Subdivision; thence north 30.00
feet to the north line of 38th Avenue and the true point of beginning,
thence north along said north-south center line of Tract 6 a distance of
821.4 feet to the center of the Brookside Di tch; thence N5 7051' 35"E along
the said Ditch, a distance of 194.45 feet to the east line of said Tract 6,
thence south along said east line, a distance of 924.85 feet to the north
line of 38th Avenue; thence west along said north line, a distance of
25.00 feet; thence north parallel to the east line of Tract 6, a distance
of 135.00 feet; thence west parallel to 38th Avenue right-of-way line, a
distance of 125.00 feet, thence south parallel to the north-south center
line, a distance of 135.00 feet to the 38th Avenue right-of-way; thence
west along the right-of-way line, a distance of 14.65 feet to the true point
of beginning.
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DECLARATION
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OF
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COVENANTS, EASEMENTS, AND CONDITIONS
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THIS INDENTURE made this J',fi -;fiay of , ,', C~ /~ , 1981, whereby
Apple Ridge, Inc. a Colorado Corporation, the feeowner of property described in
paragraph (1) herein located in the City of wheat Ridge, County of Jefferson,
State of Colorado, hereby makes the following declaration of Covenants, Easements,
Conditions and Uses to which the lots or tracts constituting the subdivision may
be put, and hereby specifies that such declarations shall constitute covenants to
run with all the land, as provided by law, and shall be binding on all parties and
all persons claiming under them, and for the benefit of and limitations on all
future owners in such subdivision, this declaration of restrictions being designed
for the purpose of keeping the subdivision desirable, uniform and suitable in
architectural design and use as specified herein:
DESCRIPTION OF LOTS, LANDS AND SUBDIVISION:
Lots (1) through (7) inclusive, Shadow Wood Village, County of Jeffer-
of Colorado, according to the plat thereof which was recorded in Jef~er-
Clerk and Recorder's Records, Jefferson County, Colorado on ~~
, 198~, in Pll'Jt 36~}( Olt 1);a~!!I
PL.A", fiLE t:f. 8.,l.O J 3 L/ g q
ARCHITECTURAL CONTROL COMMITTEE:
No building shall be erected, altered, placed or permitted to remain on
any lot other than one attached single family dwelling and private garages. No
building or other improvement shall be erected, placed or altered on any building
plot until the construction plans and specifications and a plan showing the location
of the structure or other improvements have been approved by the Architectural Con-
trol Committee as to quality of workmanship and materials, harmony of external de-
sign with existing structures, as well as location with topography and finished
grade elevation, The Architectural Control Committee is composed of Betty M. wells,
Debra L. wells, Linda Do Roth and David A. Wells. A committee of any three (3) of
the aforementioned four (4), may be considered an approval, The committee may de-
signate a representative to act for it. In the event of death or resignation of any
member of the committee, the remaining members shall have the full authority to de-
signate a successor. Neither members of the Committee nor its designated represen-
tative shall be entitled to any compensation for services performed pursuant to this
covenant. At any time after ten (10) years, the then record owners of the majority
of the lots shall elect the membership of the Committee, If a Committee is not elect-
ed then these covenants shall expire. The intention and purpose of this covenant is
to assure that all dwellings shall be of a quality of workmanship and materials sub-
stantially the same or better than that which can be produced on the date these cov-
enants are recorded.
1.
son, State
son County
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2.
3. PLANS AND SPECIFICATIONS:
Before any building or structure is erected or placed (or altered as to
the exterior) on any of said lots, the building plans specifications and location
thereof shall be first approved in writing by three (3) members or declared desig-
nees of the Architectural Control Committee. Should no action be taken thereon
within thirty (30) days after the same has been submitted to the committee or any
member thereof, or if no suit to enjoin the erection or alteration of the building
or structure has been commenced prior to the completion thereof, then such approval
shall not be required and the covenant shall be deemed satisfied. No fence or wall
facing a street 3hall be erected, placed or altered until the plans therefore have
been approved b~ a committee member or declared designee as to location, appearance,
and design thereof. All colors on the exterior shall be of a color in the earth
tones and all roofs shall be Timberline GAP, Heritage or Shake.
No structure shall be erected, placed or permitted on any lot (except
the existing House on Lot 1) unless it contains a minimum of the following square
feet: if a Ranch the main floor shall have 1,800 square feet, if a Tri-level Three
(3) or Four (4) level a total of 1,800 square feet per combined main floor and up-
per floor, if a Two (2) Story or a Bi-level a total of 1,500 square feet per main
floor.
821l!T22
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4. ENFORCEMENT AND TERMS:
These covenants are to run with the land and except as otherwise
herein provided shall be binding upon all parties and all persons claiming un-
der them for a period of ten (10) years from the date these covenants are re-
corded, after which time said covenants shall be automatically extended for
successive periods of ten (10) years, unless an instrument signed by a majority
of the then owners of the lots has been recorded agreeing to change said
covenants in whole or in part or a new Architectural Control Committee is not
elected. Nothing herein shall limit the powers of the Architectural Control
Committee as set forth hereinabove. Enforcement shall be by proceedinqs at law
or in equity against any person or persons violating or attempting to violate
said covenants, either to restrain the violation or to recover damages.
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5. RESTRICTIONS ON USE:
No basement, garage, tent or trailer or other outbuilding shall be
occupied or used as a residence, temporarily or permanently, nor shall any tem-
porary structure be occupied as a residence. No radio tower, antenna or aerial
shall be maintained over any part of a lot. There shall be no radio or tele-
vision antenna erected, installed or maintained above or on the roofs of any
structure. No noxious or offensive activity shall be carried on upon any lot
nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. No fence or wall higher than 6 feet in the rear
yard shall be erected or maintained on any lot.
6. MAINTENANCE OF PREMISES:
No lot shall be used for any type of storage of cars, trucks, ma-
chinery, heavy equipment, goods, wares, merchandise, rock, gravel, sand, earth,
or any other matter or things except for the storage of lumber or other build-
ing materials during the construction of a dwelling thereon. Boats, trailers,
motor homes and campers shall not be parked on any lot except behind a 6 foot
solid wood fence which shall be behind any front corner of the structure. Each
lot shall be kept in a sanitary and sightly condition at all times. All trash
receptacles shall be kept in a concealed location at all times except that re-
ceptacles shall be allowed to be placed near the front of the site for trash
pick-up on that day. All receptacles shall be returned to their concealed area
on the day of the pick-up service. All colors of paint must be of earth colors.
7.
ANIMALS:
No animals of any kind shall be raised, bred
two dogs and one cat or one dog and two cats
kept as pets only. Horses may be allowed on
or kept upon any tract,
or similar household
any lot per Wheat Ridge
except that
pets may be
ordinances.
8. EASEMENTS:
Easements for installation and maintenance of utilities and drain-
age facilities are reserved as shown on the recorded plat. A structure, plant-
ing or other material installation and maintenance of utilities which may change
the direction of flow of drainage channels in the easements, or which may obstruct
or retard the flow of water through drainage channels in the easements will not
be permitted within these easements. The easement area of each lot and all im-
provements in it shall be maintained continuously by the owner of the lot, except
for those improvements for which a public authority or utility company is respon-
sible.
9. SIGNS:
No sign of any kind shall be displayed to the public view on any
lot except one sign of not more than 5 square feet advertising the property for
sale or rent, or signs used by the builder to advertise the property for the con-
struction and sale's period.
10. DRILLING AND MINING:
No oil well drilling, oil development operations, oil refining quarry
or mining operations of any kind shall be permitted on or in any lot, nor shall
oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any
lot. No derrick or other structure designed for use in boring for oil and natural
gas shall be erected or maintained or permitted upon any lot.
8201;22
11. RESTRICTIONS:
A Drainage Plan has been filed with the City of Wheat Ridge.
Drainage is not to be altered to such a degree as to cause flooding on any
of the adjoining property owners.
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12. SEVERABILITY:
Invalidation of anyone of these covenants by judgement or court
order shall in no way affect any of the other provisions which shall remain
in full force and effect.
IN WITNESS f'/HEREOF, these declarations are made this ,~,;; ~ day of 6<~TJ~ ,
1981.
Attest: l ,... v (] i<:' Ir 1 /Is
Laura K. Wells, Secretary
APPLE RIDGE, INC.
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By: /;:;~?7{/;r, 2/ //~ I V<U'.A7!//
Betty M. Wells, President
STATE OF COLORADO )
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COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this ~~~IGf
(J~~~<} , 1981, by Betty M. Wells, President and Laura
Secretary as the official act of APPLE RIDGE, INC.
day of
K. Wells,
Witness my hand and official seal.
My commission
expirel!J Comratclon txpm~, 9,1M1,19 .
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