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HomeMy WebLinkAbout0163 {!c; $~ Recorded 7/93 #9310756 DEVELOPMENT COVENANT THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the city of Wheat Ridge, is entered into this 18TH day of M8X, 1993 , between the city of Wheat Ridge, a Munici- pal corporation, hereinafter referred to as City, and Harold O. Olson hereinafter referred to as Owner, and concerns property located at 4011 ESTES STREET, Wheat Ridge, Colorado B0033. WITNESSETH: WHEREAS, Owner is the titled Owner of property located at 4011 ESTES STREET, City of Wheat Ridge, County of Jefferson, State of Colorado, (which property is hereinafter referred to as "the Property"); and WHEREAS, Owner has requested a STREET CUT PERMIT to construct a concrete driveway apron in the ESTES STREET right of way; 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 SUBDIVISION REGULATIONS of the City; 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: 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 is constructing a concrete driveway slab from his garage to the ESTES STREET right of way line and desires to con- struct a concrete apron in the existing ESTES STREET right of way to the existing edge of street asphalt. Construction of driveway aprons utilizing concrete in the public right of way is in non- conformance with established City policies and procedures. 3. The Owner is petitioning the city to allow placement of the nonconforming concrete driveway apron in the ESTES STREET right of way. 4. The city has an ongoing program of improvements and maintenance operations on Local Streets. In the program, streets in residential areas are receiving improvements including curb, gutter, sidewalk, street widening and drainage improvements. 5. In the event removal of the nonconforming portion of the driveway is necessitated by maintenance or street improvement operations, the Owner agrees that he will be solely responsible for any costs associated with removal and replacement of the portion of the driveway within the right of way. 6. The Director of Public Works will endeavor to give 14 DAYS notice of any maintenance or construction operations which would involve the nonconforming portion of the driveway apron to allow the Owner time to effect removal. In the event the Owner does not remove the driveway or time is of the essence, the city may elect to perform such removal with city forces. The Director of Public Works will then prepare and submit to the Owner a detailed billing of costs associated with the removal and submit same to the Owner for payment. 7. Owner agrees to pay for all costs associated with removal of the nonconforming driveway apron within 30 days of written no- tice; Owner further agreeing that any amount resulting from his failure to pay for any improvement thus completed shall consti- tute a lien upon the property above described in the actual amount of the costs associated with removal of the nonconforming driveway apron, less any payments made by Owner, plus interest on the amount unpaid at 10 percent (10%) per annum from the date of completion, plus any costs incurred by the city in collecting same, including court costs and attorney's 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 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. 9. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULA- TIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. 10. This COVENANT is executed by the Owner pursuant to the SUBDI- VISION REGULATIONS of the City of Wheat Ridge. 11. The Parties hereto agree that this DEVELOPMENT COVENANT, by its terms, shall be binding upon the City and the Owner and upon the assigns and successors thereof; and shall constitute cove- nants running with the property. 12. The City, in its sole discretion, may require a cash or surety bond to be 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 descr ibed in Paragraph 5 above. Any interest earned on any escrow funds shall be the sole property of the city. 13. The 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 satisfactory payment by the Owner of all costs and fees associat- ed therewith 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 COVENANT IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. RECOMMENDED BY: Publi EXECUTED BY CITY: QCl-' Mayor, Cl SEAL ~~TED BY OWNER: p' ~facx~ STATE OF COLORADO ) ) ss County of Jefferson) The foregoing instrument was day of fY)~ My commission expires: SEAL APPROVED AS TO FORK: ~J~~ city Att ney Clerk ty ..~~ ~'.~ f~ ./1...--.... ~(~~: t:: :'~ tl,~ A,;...., it il.":,~/"--~-"""-~-:..' :, ~. ,If/' 't, ,~, ,- (.~/ "v:;:.,'~ ....' \\.t!~'l , ,'....(, ~.- '>".:J> ,~ ~ ; ';., "_ . '. ,', ".;,) ~ :_.... ,L~" ~~.~ '';/ ~1"~L,...~f ~ \, /l'~ ;1 , \, ,,; .. \, ,,/,~..., .,J-P( '".t. ".' "'~--f','"" "<.~~ 0i\ll>.v'" acknowledged before me this $ /7 -h , 1993 , by 1IcL-j); 0 tJ~-,\. ! 2 ~,-J 19 '/>, jIg l ~ 7JJ!~ (Notary Pub ic