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Home My WebLink About0201 [' ,,--(... \ L- \ RECEPTION NO. F :I. (.:, '''; '.,1 b 1 f.} ~/24'290J 10:38:36 PG: 001-006 I':.\_[~E ,F FE ~ . ,:il. 00 DOC. FEE: {I i)n RELClRDED IN JEFFERSON COUNTY, LoLbkADO DEVELOPMENT COVENANT (L ' THIS DEVELOPMENT COVENANT, as authorIZed by Section 26-110, 26-412, 26-413 and,26-421 of the \Yj:}y~t RIdge Code of LaWS, is entered mto as of the /ur/' day of ,d/oi-v",,-!r-l -~ ,~between the CIty of Wheat RIdge, a Colorado MunicIpal C'orporatlol, heremafter referred to as City, and Todd Youngblood, hereinafter referred to as Owner. and eoncems property located at 4470 and 4490 WadswOlth Boulevard, Wheat RIdge Colorado WITNESSETH. WHEREAS, Owner is the titled Owner of two tracts of land m the City of Wheat Ridge, more fully described m Exhibit A and Exhibit B, attached hereto and fully incorporated herelIi, City of 'Nheat R;dgc, Count) of Jeffe~'suT1, S~a~e of Cc!or:ldo, v:hich tr;J!'ts are hereinafter referred to as the "ROW Property", and WHEREAS, Owner is m the process of constructmg a new commercial structure and assocJated site improvements on adjacent property, as more fully described in Exhibit C, attached hereto and fully mcorporated herem by this reference, ("Owner's Property") and IS deSIrous of obtainmg a budding permit for the construction, and WHEREAS, the right-of-way of Wadsworth Boulevard bordering the ROW Property and Owner's Property IS msufficient for future improvements to the roadway; and WHEREAS, m order to conform to future plans for the wldemng of Wadsworth Boulevard adjacent to the ROW Property and Owner's Property, the Parties wish to enter into this Development Covenant NOW. THEREFORE, IT IS HEREBY AGREED THAT The responSIbIlIty for dedIcating nght-of-way along the Wadsworth Boulevard street frontage of the ROW Propelty, is hereby ackno\V ledged by the Owner J The Owner has caused certam improvements to be constructed on the Owner's Property 3 In accordance with Sections 26-110 and 26-413 of the Code of Laws of the CIty of Wheat Ridge, Colorado, subsectIon E, the City has determined that additional nght-of-way adjacent to 4470 and 4490 Wadsworth Boulevard need not be ImmedIately dedIcated m associatIOn with the constructIOn of the new commerCIal structure on the Owner's Property and that execution of this Development Covenant IS appropnate to guarantee such dedicatlOn in the future The Owner and all hell'S, successors, and assigns agree to dedIcate to the City, by general watTanty deed(s), free from any hens or encumorances, the ROW Property descrioed m ExhibIts A and B promptly upon request of the CIty 4 The Director of Puol1c Works shall gIve written notIce to the Owner or Owners of the request to dedlC<lte the Property described In Exhiolts A and B Owner hereby GED\53U27\41 ')H77 ,()3 riD]) / / l.{' \ Exhibit A Legal description for TRACT A ?-- A tract ofland in the Northeast lit of Section 23, Township 3 South, Range 69 West of the 61h Principal Meridian, more particularly described as follows: All that part of Block 6, Coulehan Grange, a Subdivision in the Northeast Quarter of Section 23, Township 3 South, Range 69 West ofthe Sixth Principal Meridian, being more particularly described as follows: Commencing at the Southwest comer of said Northeast Quarter; thence NOOo 10' 12"W along the West line of said Northeast Quarter, 350.32 feet; thence N 89040' 44" E, 51.96 feet to a point on the Easterly line of Wadsworth Boulevard; thence N 000 26' 39" W along said Easterly hne, 80.12 feet to the Point of Beginning; thence continuing N 000 26' 39" W along said Easterly lme, 91 82 feet; thence S890 28' 48" W along said Easterly line, 7.00 feet; thence N 000 26' 39" W along said Easterly line 112.00 feet to a point on the Southerly line of 45th Avenue; thence N 890 28' 48" E along said Southerly line, 21.00 feet, thence S 000 10' 12" E, 203.82 feet; thence S 89028' 48" W, 13.02 feet to the Point of Beginning; County of Jefferson, State of Colorado, Said Tract contains 3537.80 square feet, 0,0812 acres more or less Said Tract is to be used as: Right-of-Way The Drafter of this description is Paul A. Lenzini, P.L.S., prepared on behalf of the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 and is not to be construed as being a monumented land survey 1 Exhibit B Legal description for TRACT B A tract of land in the Northeast ~ of Section 23, Township 3 South, j Range 69 West of the 6th Principal Meridian, more particularly described as follows: All that part of Block 6, Coulehan Grange, a Subdivision in the Northeast Quarter of Section 23, Township 3 South, Range 69 West of the Sixth Principal Meridian, being more particularly described as follows: Commencing at the Southwest comer of said Northeast Quarter; thence NOOa 10' 12"W along the West line of said Northeast Quarter, 350.32 feet; thence N 890 40' 44" E, 51.96 feet to a point on the Easterly line of Wadsworth Boulevard said point being the Point of Beginning; thence N 00026' 39" W along said Easterly line, 80.12 feet; thence N 890 28' 48" E, 13.02 feet; thence S 000 10' 12" E, 80.17 feet; thence S 890 40' 44" W, 12,64 feet to the Point of Beginning, County of Jefferson, State of Colorado, Said Tract contains 102828 square feet, 0,0236 acres more or less Said Tract is to be used as: Right-of-Way The Drafter of this description is Paul A. Lenzini, P.L.S" prepared on behalf of the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 and is not to be construed as being a monumented land survey I Exhibit C Legal description for Subdivision Boundary A tract ofland in the Northeast Y4 of Section 23, Township 3 South, J Range 69 West of the 6th Principal Meridian, more particularly described as follows: The South 285 feet of the North 310 feet of Blocks 5 and 6, Coulehan Grange, Except the East 243 feet of said Block 5, and Except the West 22 feet of the South 173 feet of the North 310 feet of said Block 6, and Except the West 15 feet of the South] 12 feet of the North 137 feet of said Block 6, County of Jefferson, State of Colorado; more particularly described as follows Commencing at the Southwest Corner of the Northeast Quarter of Section 23, Township 3 South, Range 69 West of the 6th PM,; thence N 000 10' ]2" W along the West line of said Northeast Quarter, 350.32 feet; thence N 89040' 44" E, 51,96 feet to a point on the Easterly line of Wadsworth Boulevard, said point being the Point of Beginning; thence N 00026' 39" Walong said Easterly line, 171 94 feet; thence S 89028' 48" W along said Easterly line, 7.00 feet; thence N 00026' 39" W along said Easterly line, ] 12.00 feet to a point on the Southerly line of 45th Avenue; thence N 89028' 48" E along said Southerly line 370 45 feet; thence leaving said Southerly line S 000 15' 49" E, 285.20 feet; thence S 89040' 44" W, 362.55 feet to the Point of Beginning, County of Jefferson, State of Colorado. Said Tract contains 104,082.66 square feet, 2.3894 acres more or less. The Drafter of this description is Paul A. Lenzini, P L.S., prepared on behalf of the City of Wheat Ridge, 7500 West 29th A venue, Wheat Ridge, Colorado 80033 and is not to be construed as being a monumented land survey agrees to provided the general wan'anty deed(s) to the CIty wlthm 30 days of receIpt of the wntten request of the DIrector of PublIc Works. ReceIpt of such deeds shall he a pre-condition of issuance of any further building permit or other land use, zomng or development perm1l for Owner's Property 5 This Development Covenant is executed by the Owner pursuant to the Zonmg and Development Code of the CIty of Wheat RIdge 6 It IS the Intention of the PartIes that the benefits and burdens of this Covenant and shall run wIth the Property, and every person who now or hereafter owns or acquires any nght, tltIe or Interest in or to any portIon of the ROW Propel1y, or who accepts a voluntary or Involuntary hen, encumbrance, lease, mongage or deed of trust upon the ROW Propel1y, is and shall be conc\uslVely deemed to have consented and agreed to the restrictIOns described herem, whether or not any reference to thIS Covenant IS contained in the Instrument by which such person acqUIred an mterest in or lien upon the ROW Property All such burdens and restnctions run WIth the land. The Panles agree that thIS Covenant shall be filed for recordIng In the office of the Jefferson County Clerk & Recorder ThIS Development Covenant shall be released by the City upon receipt and recordation of the general wananty deed(s) conveying the ROW Property to the CIty, whIch release shall be evidenced by a SIgned document attested to by the City Clerk and beanng the City's seal, and which document shallhkewlse be recorded. 'v \ J Executed as of the date first appeanng above CITY OF WHEAT RIDGE, COLORADO , ....~ I . 'd C~i / ,\- ( f . (~<.(' l../. gtetchen Cerveny, Mayor .'! "// .k'.L'L\ ": r' A tTliST r ~'^. <. I .~. - .;.1 ; / ~JJdllL....,;{ :~JI S W<:ndti Sang, City Clerk ''--'' (iED\510}7\4] 9X77 ()l, ') OWNER 7.'#~-ZI& TODD ~UNG 000 \.p ST ATE OF COLORADO ) ) 5S. ) COUNTY OF ~ E. fFEiZScw acknowledged before me this ;'Oday of by Todd Youngblood. The foregomg mstrument was -T/ft{UA-[ty ,-200Z by ~ ~03 ~~~ Notary Pu he My commISSIon expires. II-oi{- ~oor 3 GED\531J27\419S77.113