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HomeMy WebLinkAbout0117 00 \ t' 8 2 " u 7~~')(\ i L t. u . j ".._.._-r;--,~ " \ , L" '~1I" ~-. I r f '".1' ;' '~, c ^ t ' 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 lO. 82017220 Co 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. - 2 - 82017220 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. } REC BY: t Department City Attorney - -. ,,-r _..::-_\- ~----: i ~ ~ I c:/{ .--,) '~~,U-v City Administrator / ~JECUTED BY OWNER: EXECUTED BY CITY: > , -', j , ' / t.-' --- ~ (': y...-' jj__ -fu: Mayor, City of Wheat Ridge APPLE RIDGE REALTY, INC. ~ ~ ;-,,__ 1',./ j Bettlj M. Wells. President ATTESTED TO BY: -- \... -,;, <" -<:- '/ Ci ~y ....clerk J.___ .~" j L: -, (i-L1'.";!1) / ' / ( STATE OF COLORADO ss. COUNTY OF JEFFERSON The foregoing instrument was executed before me this j ) I /I..,{4'( day of /' ;:-- I!' / I I ,<.'.{/. (/~I " , 1981, by /") ;?'.. /7 .......:-r - #' / -:;,//,:-,-- (~\o;...... My commission expires: My Comrnlsslaf. Exp!;r., Cl~' 1. 1l11) 1 -~/ /-- / /_,,-'t ~,;. '-/ 't Notary Public -::< :t....- f~ /~ f.;/ ."'-4=___ , " ' , i <<,~}f , ~ .../, '. .,.,.'Tl'--. "\ If... \ -"') c.< ~~._~~ ( " I r::t /~-, , J!" 'f - - 3 - o ~ C"J r-- o C"J CO Exhibit A LEGAL DESCRIPTION i{ 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. o o 8 2 0 I 7 Z r, :. '- ~ ' I L ^' , , :if ^ c I"~ ': ~ q , DECLARATION q OF /~ 3 COVENANTS, EASEMENTS, AND CONDITIONS -r- ., 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 .;t 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 COU' 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. ;)-- 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. -3 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. ? " By: /;:;~?7{/;r, 2/ //~ I V<U'.A7!// Betty M. Wells, President STATE OF COLORADO ) ) ss 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 . ~/~t7< / /hu<'\"""~'" ""," .:;<- 4-- \' "C.I~~ Notary Pub)':LC ", ('jv ,'I . /t {( /~fi:;l;';f<' ;:.... . 'J;; ",;.'\. L/ /, .,_' ;/ h~ ['.Y'< U~:v l') _ I'~~ ".~ I ~ ~ .~. -"; I ~r::.. ~.d'~ ' :.\ -; "". ~... .~ ~~, '.~"~"'" -\ ~"',j ir' ~ Q, '. ...... 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