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HomeMy WebLinkAbout0148 Q~C~PTIGN NO. q0]075~.3 12/20!Q0 15:0(~ 2(~.00 FiECCIRDE DIN COUNTY 'IF lEFFERSfJl\1 STATE OF COLORADO DEVELOPMENT COVENANT THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGU- LATIONS of the City of Wheat Ridge, is entered into this 15th day of October , 1990, bet~een the City of Wheat Ridge, a l>luni cipa 1 Corporation, hereinafter referred to as City, and Joseph P. Emily hereinafter referred to as Owner, and concerns property located at 4300 Newcombe Street, Wheat Ridge, Colorado. WITNESSETH: DO :Af WHEREAS, Owner is the titled Owner of a tract of land in the of vJheat Ridge, County of Jefferson, State of Colorado, fully described in Exhibit A attached, and expressly made a hereof, and which property is hereinafter referred to as Property"; and City more part "the Lt 1 ~ " WHEREAS, Owner is in the process of constructing an addition to the existing building and is desirous of obtaining a build:i..ng permit; and WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and neighboring tracts of land are incomplete and/or below those standards as set forth in the SUBDIVI SION REGULl','l'JONS of the City; and WHEREAS, to be uniform and consistent with the existing neighbor- ing improvements, the completion or non-completion of those improvements as required by SECTJ ON FIVE: JMPROVEl>1EN'l'S of the SUBDIVISION REGULA'l'JONS wi 11 make no significant change at the present in those streets fronting the Property and the neighbor- ing tracts of land; and viHEREl~S, in order to conform to those requirements as set out in the SUBDIVISION REGULA'l'JONS of the City, this Development Cove- nant is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for providing improvements along the street frontage of the Property, as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by the Owner. 2. The Owner wi 11 cause certain improvements to be constructed on the Property and associated on-site improvements. 3. The existing improvement of property frontage along Newcombe Street is below those standards as set forth in the SUBDIVISION REGULATIONS of the City, and the completion of those improvements as requ ired by Section Five: Improvements of the SUBDIVl SION REGULA'l'IONS will make no significant change at the present in those streets fronting the property. 4. In accordance with Section 5-94.1 of the Code of Laws of the City of vlheat Ridge, Colorado, subsection E, the Department of Public Works has determined that public improvements along New- combe Street need not be immediately constructed and that execu- t.ion of this Development Covenant is appropriate. The Owner agrees to participate in engineering and construction costs for the property's frontage along Newcombe Street when the street is brought in accordance with City street standards, or as directed by the Director of Public Works. The engineering and construc- tion costs will be limited to those reasonable and necessary to construct Newcombe Street to current local street standards, including earthwork, one half street width paving, curb, gutter and walk, and miscellaneous and incidental items. RECEPTlnN Nn. q0'~7523 Development Covenant 4300 Newcombe Street - Page 2 5. The Director of Publ~c Works will give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to Newcombe Street which vlOulc1 affect the Property and will submit to the Owner a detailed cost break- down and billing after Award of the construction contract by City Council. The detailed cost estirnate will include the Owner's portion of the cost of curb, gutter and sidewalk, pavement im- provements anL other items listed in Paragraph 4. 6. Upon receipt of the detailed cost estimate or billing, the Owner hereby agrees to pay to the City, within 45 days, the full () amount of the detailed cost estimate or billing. The Owner also agrees to pay to the Ci ty any extra costs associated with the PubllC Improvements to the property due to variations in esti- mated contract quantities or as a result of change orders within 30 days of written request for payment by the City. The City will pay to the Owner any overcharges paid by the Owner within 45 days after final acceptance of the public improvements. 7. Owner agrees to pay for all public improvements or billings so made within 45 days of writt_en notice; Owner further agreeing that any amount resulting from his failure to pay for any improvement or billing this completed shall constitute a lien upon the property above described in the actual amount of the public improvements or billi ng completed, less any payments by Owner, plus interest in the amount unpaid at 10 percent (lO%) per annum, from the date of final acceptance or billing, plus any costs incurred by the Ci ty in collecting same, including court costs and attorney fees. 8. 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 SUBDIVI SION REGULA'l'IONS as they exist at the date of execution of this Covenant, for curb, gutter, sidewalk related street and drainage improvements, solely relating to those streets fronting on the property and neighbor- ing tracts of land, the Owner or his assigns and successors agree not to oppose its creation, or subsequent reasonable assessment of the costs to the property. 9. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGU- LATIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. 10. This DEVELOPMEN'l' COVENANT ~s executed by the Owner pursuant to the SUBDIVISION REGULA'I'IONS of the City of Wheat Ridge. 11. The Parties hereto agree that "this DEVELOPMENT COVENAN'I', by its terms, shall be binding upon the City and the Owner and upon trle assi gns and successors thereof; and shall constitute cov- enants running with the property for a period of ten (10) years from date of execution by the Owner. 12. The City, in its sole discret_ion, may require a cash or surety bond to oe held in escrow by the City to secure completion or the public improvements described herein. Such cash or surety bond shall be in the 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 5 above. Any interest earned on any escrow funds shall be the sole property of the City. R~CEP1ION NO. 90107923 / 'l 1(1 Development Covenant 4300 Newcombe Street - Page 3 13. This DEVELOPMENT COVENANT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall constitute a continuing covenant running with the land, providing however, that this DEVELOPMENT COVENANT shall be released by the City upon the completion of the public improvements and complete and satis- factory payment by the Owner of all costs and fees associated therewitb of tbe public improvements described herein, which reI ease 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 COVENANT 3 This Covenant shall be in effect for a period of ten (lO) years from date of execution. IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. RECOMMENDED BY: ~~t " _/ ~ ---- (. --- -" / /".'-; City Administrato~ ~: ') '/" '/ /, / J ,,,?',,.-" } "- 't.- EXECUTED BY CITY: ~~ Mayor, City of Wheat Ridge EXECUTED BY OWNER: ~~~~ P. Emily STATE OF COLORADO ) )ss County of Jefferson) The foregoing instrument was acknowledged before me this \~-\:n \ // day of \C)C"\X,>\''f''l ,1990,,": bY, fJc-:.,'C?\\ Q ~\\\ \.. \ U , (~.J t>ly commission expires: (- d-,,-\ , 19(\\ ,0 ~~,' ".", ~ ~ ~~~~~L ~'{li~~ '\ ~,("")() uJ ~~ -\:\\ ,,' - SEA:L' ; t. \', . :':'''f'>e - " " \J.. \\\'t-C~ ~ \c\6<:- L ~D ~C'c\~~ ",): " ',lIP RECEPTION NO. 90107522 ~~ ~ EXHIBIT 'A' A tract of land in the East 1/2 of Section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at a point 3.15 feet South and 392.2 feet East of the center of said Section; thence North 100 feet; thence East 149 feet; thence South 100 feet; thence West 149 feet to the True Point of Begin- ning, County of Jefferson, State of Colorado, except the western lS feet which has been dedicated for right-of-way purposes for Newcombe Street. 1 /' . / --.'1 } ~,~~ INTRODUCED BY COUNCILHEHBER HERKL ordinance No. 759 Series of 1988 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE (A-I) TO RESIDENTIAL-TWO (R-2) ON LAND LOCATED AT 4300 NEWCOMBE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: section 1. upon application by Marcie Emily for approval of Rezoning in Wheat Ridge, Colorado, Case No. WZ-88-5, and based upon recommendation for approval, with conditions, from the Wheat Ridge planning Commission, and pursuant to findings made based on testimony and evidence presented at p~blic hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One District and to include in the Residential-Two Distirct, the following described land: A tract of land in the East 1/2 of section 21, Township 3 south, Range 69 West of the 6th P.M., described as follows: Beginning at a point 3.15 feet South and 392.2 feet East of the center of said Section; thence North 100 feet; thence East 149 feet; thence South 100 feet; thence West 149 feet to the True point of Beginning, County of Jefferson, State of Colorado. Section 2. Conditions. (I) The owner will dedicate 15 feet of right-of-way and execute a development agreement for the construction of Newcombe Street. (2) The owner must apply for a building permit for the conversion of the garage into a residence. This condition is to insure that the property complies with building and zoning requirements, and a Certificate of Occupancy can be issued. (3) The structure must have public water and sewer. Section 3. vested property Rights. Approval of this Rezoning does not create a vested property right. vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge.