HomeMy WebLinkAbout0121
8301lf906
1983 fEB 18 ~'t 1Q: 39
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[1!.::VF:LOl'NE:NT AGHEE-;I'U.;NT I~
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'1\- TillS DBVELONIENT J\CRECt.IENT, a5 authorized by thc SUilDIVISION
l/' REGULATIONS of the CITY OF HIlENl' RIDGE, is entered into this l'
day of , _ between the City of Hhcat nidge, a I
Municipal Corporation, hereinafter referred to as Ci ty, and --
TERENCE AND GLENDA GELSTON; DONALD A. AND AUDREY A. HAUN , hcreinafter referred
to as Owner, and concerns property located at4222 JELLISON STREET
,
W 1 T N E SSE T H .
WHEREAS, O~mer 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
~ade a part hereof (which property is hereinafter~referred to as
"the Property"); and
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liHEREAS, Owner desires to develop the Property but has not 'been
issued"; Building Permit as of NOVH1BER 22, 1982 to do .~o; 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: IMPROVENENTS of the SUBDIVISION
REGULATIONS will make no significant change at the present in those
stre~ts fronting the Property and the neighboring tracts of land;
and
l~EREAS; in-order to .conform to those requirements as set out in
the SUBDIVISION REGULATIONS of the City, this agreemeI't is hereby
dete~ined to be proper.
.
NOW, THEP.EFORE, IT IS HEREBY AGREED THAT:
1. The xe~ponsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the City, 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 O_vner 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, sid~qalks 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, O\~er hereby agrees to construct and furnish at O~mer'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 constructeu, all public
improvements required hereby within 90 days of the date of
receipt of the notice described in the precec1ing paragraph, In
the event such public improvements are not complctec1 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 dcscribcc1
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10.
herein, suid completion to be i:lcco;aplishcd at OI-loe1.":'; ::;010 e~:ren::;c.
Owner agrees to pay lor:- illl improvl'll\cnls so m<1de \-lit.hin 30 d.:lY~; of
the clute of completion, Owner further Ctgre(~ing thut ilny <lmoUlll
resulting froll'l his failure to pay [or any improvement. thus cOlilpletccJ
shall constitute a lien upon the Property above described in the
actual amount of the public improvements cOlllpletec1, less any P.:lY-
ments made by Owner, plus int.erest. on the i:lmount unpaid at 10
percent per annum from the date of completion, plus any cost.s '1
incurred by the City in collecting SillTIe i 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 Prop2rty 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 ~mprovement District is created bY the city to
provide the improvements as provided by the SUBD~~ISION REGULATIONS,
the costs assessable against the Property shall not be dispropor-
tionate with costs assessable to other nearby and like properties.
This agreement is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE.
.
7.
8.
The parties hereto agree that this DEVELOPMENT AGREEMEN~, by its
terms, shall be binding upon the City and the Owner and upon the
assigns and successors thereofi and shall constitute covenants
rur~ing with the Property.
The City, in its sole discretion, may require a cash or surety
bond to be held in escrow by the City to secure comple~ion of
the public improvements described herein. Said cash or surety
bond shall be in a sum sufficient to cover the estimated costs
of th~ construction of the public improvements described herein,
said est~ate 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 DEVELOp~mNT AGREE~ffiNT 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:
SEE ATTACHED
- 2 -
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- 2.
That portion of Jellison Street contained within the J & K
Subdivision, as attached hereto, is to be constructed including
curbs, gutters, sidewalks and street related improvements by
the owner on or before subdivision and/or development to the
immediate west or north occurs.
3
The adjacent 16' x 20' area designated on the plat as a Jellison
Street turnaround shall be constructed by the subdivider, with
the City participating in 50% of all cost related to the construc-
tion, within one (l) year of the recording of the plat, in accor-
dance with a design approved by the Wheat Ridge City Engineer.
3. The curb, gutter, sidewalk and other street related improvements
(including design and construction supervision) on that portion
of Iris Street abutting the J & K Subdivision shall be constructed
prior to the issuance of a Certificate of Occupancy on Lot 2.
-2a-
IN FITNESS ~.yHEr-EOf', th~: parties have set their hand.s and sca15 on
date first shown.
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RECONNENDEO BY:
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city Attorney t
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EXECUTED BY OWNER:
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. COUNTY OF JEFFERSON }
STATE OF COLORADO
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The f~regoing instr~uent was
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City Administrator
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EXECUTED BY CITY:
Mayor,
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Ci~y of Wheat ~dge
ATTESTED TO BY:
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C~ty Cl.e;:rk
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execu~.ed before
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me this
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by TERENCE AND GLENDA GELSTON; DONALD A. AND AUDREY A. HAUN
My co~~ssion expires:
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M"y ?~, lQRf,
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Notary Public
Mary Jane Harper .
9684 West 44th Avenue -
Wheat Ridge, Colo. &0033
BERT
VISION
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8 3 0 I If 9 0 6
NOTES: A. Entire property is within the
100 year flood plain.
EXHIBIT
A
B. Zoned Residential - Two
C. Bearing Basis: North line of
NW\ SW\ of section 22, T3S,
R69W assumed bearing N90000'OO''E.
5
D. Monuments: ~" reinforcing bar
with cap No. 9010.
DEDICATION CERTIFICATE
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Terj6nce S. Gelston and Glenda J. Gelston, being the owners of the
real property of 0.801 acres described as follows: A tract of land
in the NW~ of the SW~ of Section 22, Township 3 South, Range 69
West of the 6th Principal Meridian, County of Jefferson, State of
Colorado, more particularly described as follows: Beginning at a
point on the North line of said SW!:i, 638 feet l:ast of the v'lest
quarter corner of said Section 22; thence South 0 degrees 53'
Fast, 383 feet to the True Point of Beginning; Ihc>nce Southeast-
erly to a point that is 230 feet East and 25 feet S()uLh of the
True Point of Beginning; thence South 180 feet; thence Northwest-
erly 743 feet, more or less, to a point that is South 0 degrees
53' East, 125 feet from the True Point of Beginning; thence North-
erly 125 feet to the True Point of Beginning, and have laid out,
subdivided and platted said land as per the drawlng hereon cont-
ained under the name and style of J & K SUBDIVISION, a subdivision
of a part of the City of Wheal Ridge, Colorado, and by lhese pre-
sents do dedicate to the use of the general public and special
service districts those portions of said real property which are
so designated as easements and rights-of-way for the construction,
installation, operation, maint ,'ndnc;e, repair and replacement for
all services, including wllhout limiting the generality of all
the foregoing, telephone and electric lines, work, poles and
undergrouIlcl cables, gas pipelines, water pipelines, sanitary sew-
er lines, street lights and signs, culverts, hydrants, drainage
ditches and drains, roadways and all appurtenances thereto, it
h2ing expressly understood dnd agreed by the undersigned that all
expenses and costs involved in construction and installing san-
itary sewer system works and lines, gas service Ilnes, electrical
works and lines, storm sewer and dralns, street lighting, grading
and landscaping, curbs, qutters, street pavelT'c'nt, sidewalks, dnd
other such utilities and services shall be guaranteed dnd paid
for by the subdivlcler or arrangements made by the subdivider
therefor which are approved by the City of Wheal Ridge, Colorado,
and such sums shall not be paid by the City of Wheat Ridge, Colo-
rado, and that any drain, landscaping, curb, gutter, sidewalk or
street so constructed or Illslalled when accepted by the City of
Wheat Ridge, Colorado, shall become the sole property of said
ci ty except items owned by municipally franchised uti 1 i : ies ane:/
or the Mountain States Telephone and Telegraph Company and/or
speci01 service districts which items, when constructed or in-
stalled, shall remain the property of the owner and shall not be-
come the property of the City.
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Executed this_ .J}' day of ~ __ ~:5<:CTIO~_.o~~ , 19 f >.-,
~C<'v!_K~_~__
Tefn~nce S. Gelston
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