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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 2nd day of February. 1999 by and
between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation
(the "City"), and Ms. Janet DauQhenbauQh ,(the "Developer"), together referred to
as the "Parties"
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RECITALS
The Developer IS the owner of certain real property located in the City of Wheat
Ridge, which is more particularly described in Exhibit A if applicable and made a part
hereof (the "Property"), commonly known as 4298 KiplinQ Street
On, Auqust 13,1990, the City Council of the City of Wheat Ridge, after holding all
required public heanngs, approved the final plat for the Property titled Janet D. Minor
~l!!Jglyisiol} A copy of the Final Plat IS attached hereto as Exhibit B and Incorporated
herein
The approvals cited above are contingent upon the express condition that all duties
<reClted by thiS Agreement be faithfully performed by the Developer
AGREEMENT
NOW therefore for and In consideration of the mutual promises and covenants
contained herein the sufficiency of which are mutually acknowledged, the parties hereto
agree as follows
1 f~un~)ose The purpose of thiS Agreement IS to set forth the terms conditions
and fees to be paid by the Developer upon subdiVISion of the Property All conditions
contained herein are In addition to any and all requirements of the City of Wheat Ridge
SubdiVISion Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and
all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and
are not Intended to supersede any requirements contained therein
2 QJh~r ReqUirements NONE
:') Fees The [)eveloper hereby agrees to pay City Development Review fees
to the City for englrleenng, hydrological, surveYing, legal, and other services rendered In
connection With the review of the subdivision of the Property
4 Title P_~91 A title commitment for the Property shall be prOVided to the City
The title commitment shall show that all property to be dedicated to the City IS or shall be
';lIhseqIJerlt to the execution and recording of thiS Agreement, free and clear of all liens
cmri enClllnhr;Jnces (other than real estate taxes which are not yet due and payable) The
C It V in Its sole dlscrF~tlon may accept any dedication regardless of encumbrances The
title pollcV eVidenced by the title commitment shall be provided thirty (30) days after the
recordlllq of thiS Agreement RECEPTION NO. F0813181
~ 3/02/1999 10:55:55 PG: 001-012
;,1i1;[1I'JI. IC,N IMF'I':('VI M,IH AGREEMENT 1:98 PAGE FEE: 61.00 DOC. FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
5 Breach by the Developer: the City's Remedies In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City Council shall
be notified immediately and the City may take such action as permitted and/or authorized ,~ ,
by law, this Agreement, or the ordinances and Charter of the City as the City deems :P
necessary to protect the public health, safety and welfare, to protect lot buyers and
builders, and to protect the citizens of the City from hardship and undue risk These
remedies Include, but are not limited to
(a) The refusal to Issue any building permit or certificate of occupancy;
(b) The revocation of any building permit previously issued under which
construction directly related to such building permit has not commenced,
except a building previously Issued to a third party,
(c) A demand that the security given for the completion of the Public
Improvements be paid or honored, or
(d) Any other remedy available at law or In equity
Unless necessary to protect the Immediate health, safety and welfare of the City or to
prolt:ct the City's Interest with regard to security given for the completion of the PubliC
Improvements the City shall prOVide the Developer thirty (30) days written notice of its
Intent to take any action under this paragraph during which thirty day period the Developer
may cure the breach deScribed In the notice
6 PubliC Improvements and Warranty All storm sewer lines, drainage
structures paved streets, Including curb, gutter and Sidewalk, and necessary
aprurtenances as shown on the subdiVision plat and the associated construction
documents (the "Public Improvements" or "Improvements") as approved by the Director of
PubliC Works or deSignee of the City shall be Installed and completed at the expense of
the Developer within the timeframes set forth on Exhibit C The Public Improvements
required by thiS Agreement and shown on the construction documents approved by the
Director of PubliC Works of the City, the tlmeframes for construction of the Improvements
and the Itemized costs of these Improvements are set forth on Exhibit C If applicable All
PubliC Improvements covered by this Agreement shall be made In accordance With the
construction documents drawn according to regulations and construction standards for
such Improvement and approved by the Director of Public Works of the City It is
understood by the Parties that the deSCription of the Public Improvements may be general
In n;Jture and that reasonable modifications of the scope, nature, costs, and Similar
aspl'cts of the PubliC Improvements may be necessary to secure final approval of the
P'lbllC Improvements The quantities and locations for the Public Improvements are based
un Information that was available at the time of approval of the Final Plat Additional
PllbllC Improvements may be required, and Developer shall be responSible for submitting
reVISions to the Final Plat approved by the City
The Developer shall warrant any and all Public Improvements which are conveyed
to Hie City pursuant to thiS Agreement for a period of two (2) years from the date the City's
Director of PubliC Works certifies that the same conform With specifications approved by
the City SpeclfrrCllly but not by way of limitation, the Developer shall warrant the
tC1I'I()Wln~
';1 'I1I !!\/";I' 1N IMPf!nV'-~MEN1 AGREEMENT 1/ge -~-
( ClI
T~li1t the title conveyed shall be marketable and Its transfer rightful,
r,
(b) Any and all facilities conveyed shall be free from any security interest or
other lien or encumbrance, and
(c) Any and all facilities so conveyed shall be free of defects In materials or
workmanship for a period of two (2) years as stated above
(d) To the degree the Developer IS required to Install and maintain landscaping
on public or private property, it is the obligation of Developer to maintain the
required landscaping for two (2) growing season(s)
The City Will finally accept for maintenance all Public Improvements after the
warranty period has expired proVided all warranty work has been completed The City
shall accept for snow removal purposes only, all dedicated publiC streets after the City
; ,',IH'S the fllSt certificate of occupancy
Inst<lll;Jtl_on_Ql Traffic_~<ll A traffic signal may be required to serve thiS
"I v' 'l()plllpnt Deterl11lnatlon of the need for the signal shall be made by the City's PubliC
Works Dllertor hereinafter "Director", prior to building permit Issuance and based upon
a trClfflc study for thiS development approved by the City The Developer shall proVide
cnllClteral for the estimated cost of Installation of the traffic signal prior to building permit
ISSUiJnCe, If the Director has determined that a Signal IS needed Prior to building permit
Issuance, the Developer shall provide traffic signal plans for approval by the Developer
and the Colorado Department of Transportation
The Developer shall notify the City in writing, a minimum of one hundred sixty (160)
days prior to the deSired time of Installation/modification of the traffiC signal In order to
allow the City to coordinate the timing of the traffic signal Improvements If the Director
applove::, Installation of the signal based on meeting traffic warrants, the City shall then
notify the Developer In writing of the exact amount required for the traffic signal
Improvements The Developer shall then make payment to the City In cash for the
reqUired amount Within sixty (60) days of receipt of such letter The City Will not
comrllence traffiC signal improvements until the Developer has paid to the City the total
111101 lilt dF*,rrlllned by the Director to be the total cost of Improvements
R ( )hSt~rvi:lJlon~s})ectlon and TesltrJg The City shall have the right to require
I "'d;,OllClI )It~ F~I It 111 H~"llng observations and testing at the Developer's expense Observation
<lI1lJ tpStlll~l cJCllUlescence In, or approval by any engineering inspector of the construction
of phYSical facilities at any particular time shall not constitute the approval by the City of
any portion of the construction of such PubliC Improvements Such approval shall be made
by the City only after completion of construction and In the manner hereinafter set forth
The Director IS deSignated by the City to exercise authOrity on ItS behalf under thiS
Agreement and to see that thiS Agreement IS performed according to ItS terms Work
lmder thiS Allreement may, Without cost or clalJn against the City, be suspended by the
[)Iri>rtnr for Sllbstzmtlal rause
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The Director shall, within a reasonable time after presentation, make decIsions in
writing on all claims of Developer and on all other matters relating to the execution and
progress of the work or the interpretation of thiS Agreement, the master plan and
specifications All such deCisions of the Director shall be final
The Director shall make all determinations of amounts and quantities of work
performed hereunder To assist him In thiS work Developer shall make available for
inspection any records kept by Developer
The Director shall make all determinatIons of amounts and quantities of work
performed hereunder To assist him In this work Developer shall make available for
Inspection any records kept by Developer
The Director and his authorized representatives shall have free access to the work
at all times, and Developer shall furnish them with facilities for ascertaining whether the
work helng performerl, or the work which has been completed, is In accordance with the
if"lli'l; rlPllts of the Agreement
11 (; Dill'! lOl'i/III make r)Prlodlc observations of construction (sometimes commonly
/f'!I'111 d to as supervIsIon) The purpose of these observations and construction
cl1l:'ckln~ IS to determine the progress of the work and to see If the work IS being performed
In accordance WIth the plans alld speCifications He will in no way be responsIble for how
the work IS rerformed, safety III on, or about the job site methods of performance, or
t!l:W111l8So, ill the performance of the work
Inspectors may be appointed to Inspect materials used and work done InspectIons
111'1'/ extend to all or any part of the work and to the preparation or manufacture of the
IIIdterIC'lls to hr~ Uc;(~ri The Insr'ectorc; Will not be authOrized to alter the proVisions of thiS
:\ irC( Ill( III ,H my '~i'(>rlff('atlr',rls m to act as foreman for Developer The Inspector will
" I' ,> ,JlJtI,(J' Ity tel I f'J"ct defective materials and to suspend any work that IS being done
II rpropl:JI iy sut)Ject to the final deCIsion of the Director
9 COr1}pletlon of PubliC Improvements The obligations of the Developer
pro'Jlded fOI In paragraph 6 of thiS Agreement, Including the Inspections hereof, shall be
, "",I, '1lIled on or hr>fore Octo!:>er 31, 1999 and proper application fOI
(l'pL-H1U' of the flilbllc Improvements shall be made on or before such date Upon
;Infl!' tWill -f ( )f)str:wtloll bv the Developer of such Improvements the City's Director of
, 'i lilli, !VOl k'~ ", ;jl-'~,iqm;e sh;J11 IIlC;r1ect the Improvements and certify With speCifiCity ItS
! '1Ii()[rl)itV (II i,lCk thc;leof to tl1e City's speCificatIons The Developer shall make all
, 'HI ,:ctluns nec,"ssar'y to bring the Improvements Into conformity With the City's
3peClflcatlons Once approved by the City's Director of PubliC Works the City shall accept
"aid Imprl)\f0.ments upon conveyance, prOVided, however the City shall not be obligated
jn zJ<cept the' PubliC Improvements until the actual costs dec;crlbed In thiS Agreement are
I '.lId 111 hill hy the Oevelo[,er
10 Protection Devploppr at ItS t;xpe!'se shall contlnuous1v maintain adequate
:', !)j;'I'llrHl I)f i'lll Im[lro'./Pl1lents from c1'1lllage prior to acceptancp by the City and shall
," (t Ii it \":i1y's prnpl'11V fl(;1T1111Jury and loss a'-Ising In connection With thiS Agreement
1"/1 I~ ~11rJlI'!. I ",of i.,H .jl A,r,RrEMff'n 1i~Jo --l-
Developer shall make good any such damage, Injury or loss except such as may be
caused directly by authorized agents or employees of the City Developer shall (
adequately protect adjacent property and shall provide and maintain all passageways, J
guard fences, lights and other facilities for protection required by public authority or local
conditions
Developer shall be responsible for damage to any public and private property on
and adjacent to the site of Developer's Improvements caused by negligent or willful acts
of Developer, Its agents or subcontractors Developer shall take all reasonable effort
necessary to prevent damage to pipes, conduits, and other underground structures and
to overhead Wires, and to water quality Developer shall protect carefully from disturbance
or damage all land monuments and property marks until an authorized agent of the City
has witnessed or otherwise referenced their location, and shall not remove them until
directed When any direct or Indirect damage or Injury is done to public or private property
by or on account of any act, omission, neglect or misconduct In the construction of
Improvements, or In consequence of the non-execution thereof on his part, such damaged
property shall be restored by Developer at Its own expense to a condition similar or equal
to that eXisting before such damage or Injury
Developer shall at all times, whether or not so specifically directed by the Director,
take necessary precautions to Insure the protection of the public Developer shall furnish,
err.ct and malntalll at Its own expense all necessary barricades, suitable and sufficient
red lights construction signs, provide a suffiCient number of watchmen, and take all
necessary precautions for the protection of the work and safety of the publiC through or
around his construction operations as Developer and the Director shall deem reasonably
necessary
11 Related Costs - PubliC Improvements The Developer shall provide all
necessary engineering designs, surveys, field surveys, testing and Incidental services
related to the construction of the PubliC Improvements at Its sole cost and expense
Including final drainage study letter certified accurate by a profeSSional engineer registered
In the State of Colorado
12IrlJQIO_\I~ments to be the Property of the City All PubliC Improvements for
roads, concrete curb and gutters, publiC storm sewers and publiC drainage Improvements
accepted by the City shall be dedicated to the City and warranted for a period of twenty-
four (24) months following acceptance by the City, as prOVided above
13 E~r::forrTJance Guarantee In order to secure the construction and Installation
(Ji the PubliC Improvements the Developer shall prior to recording the Final Plat, If
dl'pllcahle, in the reClI estate records of Jefferson County, which recording shall occur no
I,Jtpr th311 nlllety (90) days after the execution of this Agreement, furnish the City, at the
Developer's expense, With the Performance Guarantee described herein The
Performance Guarantee proVided by the Developer shall be an Irrevocable letter of credit
In which the City IS deSignated as beneficiary, for one hundred twenty-five percent (125%)
of the estimated costs of the PubliC Improvements to be constructed and Installed as set
forth In Exhibit C If applicable to secure the performance and completion of the Public
Improvements as reqUired by Section 3 c 5 of the Wheat Ridge SubdiVISion Regulations
,I 'HDIVI~;I()N IMf'R( JVf Mf NT AGREEMEIH 1 '98 -'i-
1 hc Developer agrees that approval of this Agreement by the City is contingent upon the
Developer's provIsion of an Irrevocable letter of credit to the City within ninety (90) days
of the execulton of this Agreement In the amount and form provided herein Failure of the
Developer to provide an Irrevocable letter of credit to the City in the manner provided
herein shall negate the City's approval of this Agreement. Letters of credit shall be
substantially in the form and content set forth in Exhibit D, if applicable, and shall be
subject to the review and approval of the City Attorney The Developer shall not start any
construction of any public or private improvement on the Property including, but not limited
to, staking, earth work, overlot grading or the erection of any structure, temporary or
otherwise, until the City has received and approved the irrevocable letter of credit.
lx
The estimated costs of the Public Improvements shall be a figure mutually agreed
upon by the Developer and the City's Director of Public Works, as set forth In Exhibit C
if applicable If, however, they are unable to agree, the Director of Public Works' estimate
shall govern after giving consideration to information provided by the Developer including,
but not limited to construction contracts and engineering estimates The purpose of the
cost estimate IS solely to determine the amount of security No representations are made
as to the accuracy of these estimates, and the Developer agrees to pay the actual costs
I lf ~"" slIch PubliC Improvements
The estimated costs of the PubliC Improvements may Increase In the future
Accordingly, the City reserves the right to review and adjust the cost estimate on an annual
baSIS If the City adjusts the cost estimate for the PubliC Improvements, the City shall give
written notice to the Developer The Developer shall, within thirty (30) days after receipt
of said wrrtten notice, provide the City with a new or amended letter of credit in the amount
of the adjusted cost estimates If the Developer refuses or fails to so provide the City with
Cl new or Clrnended letter of credit, the City may exercise the remedies provided for in thiS
Aweement, provided, however that prror to Increasing the amount of additional security
reqUired the City shall give credit to the Developer for all required Public Improvements
which have actually been completed so that the amount of security reqUired at all time
shall relate to the cost of reqUired Public Improvements not yet constructed
In the event the PubliC Improvements are not constructed or completed Within the
perrod of time specified by paragraph 9 of thiS Agreement or a wrrtten extension of time
mutually agreed upon the parties to thiS Agreement. the City may draw on the letter of
credit to complete the PubliC Improvements called for in thiS Agreement In the event the
letter of credit IS to expire wlthlll fourteen (14) calendar days and the Developer has not
vet provided a satisfactory replacement, the City may draw on the letter of credit and either
hnld such funds as security for performance of thiS Agreement or spend such funds to
fllllsh PubliC Improvements or correct problems With the PubliC Improvements as the City
deems approprrate
Upon completion of performance of such improvements, conditions and
rF~qLlIrements within the reqUired time, the Developer shall issue an irrevocable letter of
CI edit to the Cltv In the amount of twenty-five percent (25%) of the total cost of construction
IIld Installation of the PubliC Improvements, to be held by the City during the warranty
r It,rlod If the PubliC Improvements are not completed with III the reqUired time, the monies
',IIHrlIVi:;j(iN IMPR(lVEMENT AGREEMENT 1 '98 -(,-
mClY be used to complete the Improvements
14 Indemnification The Developer shall indemnify and hold harmless the City
and Its officers, employees, agents or servants from any and all suits, actions, and claims
of every nature and description caused by, arising from or on account of thiS Agreement
any act or omission of the Developer, or of any other person or entity for whose act or
omiSSion the Developer IS liable, with respect to the Public Improvements, and the
Developer shall pay any and all judgments rendered against the City as a result of any
suit, action, or claim, together with all reasonable expenses and attorney's fees and costs
Incurred by the City in defending any such suit, action or claim
The Developer shall pay all property taxes on the Property dedicated to the City and
shall Indemnify and hold harmless the City for any property tax liability
15 Waiver of Defects In executing this Agreement, the Developer waives all
[J[)I,)ctlcms It may helve concerning defects, If any, In the formalities whereby It IS executed,
or concerning the power of the City to impose conditions on the Developer as set forth
herem and concerning the procedure, substance, and form of the ordinances or
resolutions adopting thiS Agreement
1 h Third Party BenefiCiaries There are and shall be no third party benefiCiaries
'D thiS AlJl'eerllE:rlt
11 MCJdlflcatLQIlS ThiS Instrument embodies the whole agreement of the Parties
ThF;re are no promises terms, conditions or obligations other than those contained herein,
CJnd thiS Agreement shall supersede all prevIous communications representations, or
agreements, either verbal or written, between the parties There shall be no modification
of thiS Agreement except In writing, executed With the same formalities as thiS Instrument
SuhJect to the conditions precedent herein, thiS Agreement may be entorced In any court
of competent JUriSdiction
18 Release of Liability It IS expressly understood that the City cannot be legally
hOllnd bV the representations of any of ItS agents or their deSignees except In accordance
With th," City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado
19 CaptlQns The captions to thiS Agreement are inserted only for the purpose
of convenrent reference and in no way define, limit, or prescribe the scope or intent of thiS
Aweement or any part thereof
/\) 81ndlnCj EffecJ ThiS Agreement shall be binding upon and Inure to the
l)f-,I "fit of th" par'tl~;~, hereto and their respective heirS, successors, and assigns as the
c)' i' IT1dV be
21 t'Jo _W,l,lvE:'r No waiver of any of the provIsions of thiS Agreement shall be
deemed or constitute a waiver of any other provIsions herein nor shall such waiver
constitute a continuing waiver Ilnless otherwise expressly prOVided nor shall the waiver
of any default hereunder be deemed a waiver of any subsequent default hereunder
,I f"i '1\/1 ,II ,~J IMF'F\I 'VI MFt;JT !\(:->Rtf::.Mf t.JT 1 :~lh
2:' Irwalld PrOVISion If any fJrovlslon of this Agreement shall be determined to
be vOid by any court of competentJurtSdlctlon, then such determination shall not affect any
other provision hereof, all of the other provisions shall remain in full force and effect It IS
the Intention of the Parties that if any provision of this Agreement IS capable of two
constructions, one of which would render the provision vOid, and the other which would
render the provision valid, then the provision shall have the meaning which renders It valid
23 Governinq Law The laws of the State of Colorado shall govern the validity,
performance and enforcement of this Agreement. Should either party institute legal suit
or action for enforcement of any obligation contained herein, venue of such suit or action
shall be in Jefferson County, Colorado
24 Attorneys Fees Should thiS Agreement become the subject of litigation to
resolve a claim of default of performance or payment by the Developer and a court of
competent Jurisdiction finds in favor of the City, the Developer shall pay the City's
attorney's fees and court costs
25 f\JQ!Jce All notices required under thiS Agreement shall be In writing and
shall be hand delivered or sellt by registered or certified marl, return receipt requested
postaqe prepaid to the addresses of the parties herein set forth All notices so given shall
[le conslrlertc;rl effective seventy-two (72) hours after depOSit In the United States mail With
the proper address as set forth below Either party by notice so given may change the
dddrHSS to which future notices shall be sent
Notice to Developer
Ms. Janet DauqhenbauQh
DauqhenbauQh Construction, Inc.
11900 Dransfeldt Road
Parker, Colorado 80134
Notice to City
Mr. Robert Goebel, P.E.
Director of PubliC Works
7500 West 29th Avenue
Wheat Ridge, CO 80215
26 Force Maleure Whenever the Developer IS required to complete the
construction, repair or replacement of PubliC Improvements by an agreed deadline, the
[leveloper shall be entitled to an extension of time equal to a delay In completing the
hrcqolnq rlr Je to t mforeseeahle causes beyond the control and Without the fault or
'H;qllqencf; of the [)r;veloper Including but not restricted to, acts of God, weather, fires and
'~tr IKes
27 6_~nment or Asslqnments There shall be no transfer or assignment of any
nf the rights or obligations of the Developer under this Agreement without the prior written
IPI!roval of the City
28 Rpcordlllg nf Agre_ement ThiS Agreement shall be recorded In the real
'If-' li\l'L-11()~II~!1f'f'il\i'!~~f~,ll Q{"Rf-EMr__Nl1"jh -s-
estate records of Jefferson County and shall be a covenant running With the Property In
order to put prospective purchases or other Interested parties on notice as to the terms q
and provisions hereof I
29 Title and Authority The Developer, Ms. Janet DauQhenbauQh, expressly
warrants and represents to the City that It IS the record owner of the property constituting
the Property and further represents and warrants, together With the undersigned
indlvldual(s) that the undersigned Indlvldual(s) has or have full power and authOrity to
enter into this Subdivision Improvement Agreement. The Developer and the undersigned
individual(s) understand that the City is relying on such representations and warranties in
entering into this Agreement.
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written
CITY OF WHEAT RIDGE, COLORADO
By
ATTEST
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:Jf tUI,,--J~_'i-~ c!~,_____
Wanda Sang City Clerk ~
~~~yw AS, T,\} FOR.~I/ , //"
Lj~-ud&! ~,
(:;r,r aid [)Clhl CitV Attorney
',lIRnIV!',li Ir.,) IM~'R( 1\/t=.ME t,) I fi(~RFEMf~J r 1 '~IH -\)-
STATE OF COLORADO
COUNTY OF Id-l-€:f2.s0 tV
The
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DEVELOPER
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11 BASIS 0,. IfA.IUHC - T"e WEST ['I"'E Of" SECTION 21, T'OVlfSIUP J
SCVTK. I'ANell!': " WEST. Of" THII!': 'TH PI'INCIPM. "'ERtOIAN liEnEE.. THE
:'tC'RT'HvEST COIIMER 0,. S1>.IO SECTION 11 IIlIlASS CAP IN LAMa (10')1(1 "HO
T'CE 'liEST QlJ1>.RTEll COItHER IIll'ASS CAP I" LAND BOXI; S1>.IO LI:olII!': Il(AIl.S
S 0:).21 OOM E 1>.5 AS SIIOW" ON FItGIIWAY I'ICItT-Or WAr !Up IU-OH ,
1)11 SECTILlH ". SHEC'T 6
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21 TO !'IATCII CITY or ....IlEAT IUD<;E IIEAI'ING DATU" IIIVTATE. ~IlASIS or
aCAiU:CG~. CLOCIl.lIISII!': O"ll'J1M
) I !'I(:'tCHl'lAIU VEST QU^I'T&R CORNER or SECTI"N 11 M"'''SHt.. I
S"..',II, III:A:ofGE S' WEST, Qr Tit€: 'TII PRINCIPAL "'ERIOI".'f IIlJIIASS CAP IN
tJ,:I:) 901(1 [l.E'/ATION SJ6S 00 USCS CCITY or IilIlEAT RIDCEI
4J THE SITE IS CLASSlf"lro ZONE II' THE; SITE lS HOT IiltT!lIN THE;
1.0 YEAR rLOOO PLAIN.
!:il THE O...."'ElII. HIS SUCCESSOlllS OR ASSIGNS CRAHTS LI"ITED "ICHTS
"!'ID ..IIIVILEGII!': 0,. "'CCESS TO. AND FIIlE!: HOVE.'lEHT THlIIOCCK T'HOSr.: "'REAS
IHOIC"'TED AS "CROSS ACCESS/IHGlIIESS - EGIIlESS U.S(;..~EMTS". "S
I1.LUSTR"TW UPOIC THIS PUT SUCH C.....HT or EASEMENT SHALL liE
LlPUTU) TO THe OWHEIIS. TEH"l'CTS. CUSTO"EIIS. "'''0 GUEST or THE
OVNOIS. AHO SHALL f'UIIlTHE..MOItE C"AHT "'CCESS TO. ...140 rltEE flQVD!.EHT
TMiJOUGII $"'10 ~SE"EHTS TO THOSE ENTElllNG SAID lASOtENTS FROM
SUUUItLY JlECOlIIDED CASEMENTS FROM "'DJ"'CEl'fT PRO'EJlTIES ANo/OIt FIIO"
A811TTINC PUIlLIC $TJlEETS.
6. nlls UC"'L IS ....SED <* TlIE LECAL JlECOItOEO I" lOOK 141 "'T
PACE 116 .JEf'rEJlSOIil C'OUMTT JlECOJlOS. S...ID LECAL MAS alEEM IICVISED
TO CO'UIECT 0ISCIt.r;.....HCIES OM n.r; SOUTH "'''0 ~ST LUIE AleO CEND"'L
AMICUITIts IN THt DUCIHAL Oe:SCJlIPTIOM.
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11NOR SUBDIVISION
2?.4. TOWNSHIP 3 SOUTH",. RANGE 69 WES1 OF THE 6th P.M.
lUN I Y OF JEFFERSON, S I#\TE OF COlORAuO.
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SURVEYOR'S CERTIFICATE
I, 'ATllIe" .... CREEH, 00 "E"EST CERTIfY THAT THE SUllVEY or THE:
BaUMOA.U' Of' J~ttE:. O. !'HMOIt SU&ot'llStOH ..,It,S l'lJt.P~ \;lIDCJI: at
SVP['I:"UION AND THE M:cmtp....NYING PLAT "CCUIlATELY Ilt,lltSnJTS SAJ::>
SURVEY, AND I rUMT"!':R Cr."TlfY THAT I HAVE CO/1,LU:O IN ALL
RESPECTS \fITH COLORADO STATue;. CURAF.ltT A(;\{lSEO COt,tO!\. "5
"MEMDtO.
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PATAICJt R. CRtE"
P L.S. NO 17U'S.
SIGNATURE BLOCKS
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or 'ARKS AltD itECREATIOff
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OEDlCATION
CLf:N" AHD JANET DAUGltI:NBAUGH, BEING THE OWNERS or THE REAL
P1I:O'F'ERi't or 1 241; ACRES DESCIlIBE"D "S rOLt.OWS:
A PARCEL or LAND IN THE SOUTHWEST ONE-OUARTal or SECTION 22.
'ro"tlllS1HP } SOUTlt, RANC! 69 W-eST or THE 6th P!l.INCIPAL HERIDIAlt,
CITY or WHUT RICCE, COUNTY OF JEFFERSON, ST"TE or COLORADO /'tOME
P"RTIctJl-ARLY OESCllIBED AS rOLLOWS
COf'l"ENCINC A" THe NORTH\olEST COR tiER OF THE MORTIIVES'T ONE+QU.u.TVt
or THE SOUTH\olEST ONE_QUUTER UIV i, swit or SAID SECTIOM 22;
TH~C!: SOU'Tlt ~ww;; n~ 'lI~s't LINE Of NOII:TIt"'ES't OllE.Q\lJlUl.'ttll of nl1~
SOUTHWEST ONE_OU"'RTER or SAID SECTION 22, " DISTANCE or sa.co
fEET; THENCE EASTt"LY 1'l89.0')}"E A OIST"/'fCE or 45.00 FEf:T TO THE
EAST RIGHT.Of-WA.Y LUtE:. Of IlII'LIHG s'!l\~rr \C01..01\A.OO S1:A'!~ llIGK'IlA'f
NO. HI J AS OESCRIBED IN BOOK 2114 AT P"'C~ 469 IN THE JE,r~:RSOM
COUNTY RECORDS, SAID raINT ALSO BEING tHE SOUTHWESt' CORNE"R or A
RIGHT-Of-WAY OEDICAt'ION BY CH.All.LES E. REtD SUBOIVISION, SAID
POIKT BEING THE T1l:UE POINT or BEGINNINC;
THENCE CONTINUING EASTERLY N89"4J J).'E "'1'l0 ALOrlG TK!: SOUTH LItH':
AND THt SOUTH LINE EXTEI'IOED Of SAID REED SUBDIVISION A OISTANC!
l!!.62 fEET TO A POINT ON THE WEST LINE or THAT Pll.OPERrY
DESC1IIBED UNDER RtCEPTIOff NOHBER 19076.<)1 1M THE JEFfERSON COON1'Y
RECORDS THENCE SOl.'THE;llLY sOO.08'...'E AL01'lG THE WEST LINE or S"'ID
P/l.OPERTY A oIST"'NCE or 1)9 1!I} fE:t:T TO ... POUlT ON A CCIVlON LINE BY
"'''EE1'I(NT "'S RECOROE;O UNoE;R RECEPTION NO. 9001J141, JE:fFERSOff
CQI.IKT'f I\ECOfl;CS; TllE~CE loIESTERL'I S!I,,"n"2S-W ALONG S"'Io COI"J'lOM
LtffE A DISTANCE or llHI 26 fEET to THE E"'STERLY "IGHT-OF-WAY LI~~
or 5...10 KInlNG STREET THENCE NORTHERLY 1"00.11 )5~W "LONG THE
S"'ID EASTERLY RIGHT-Cr-W"'t' LIN!: .l. 'iH51'MICt: OF 'l9 9S FEET 1'0 ,.l-\E
TrlUE POINT OF BEGINNING;
"NO HAS LAID OUT suOOtVtOED "!'IO PL"1"1'EO S"IO 1.."'0 "S VEil. ,\l.E
OilA\oII:-lG HEREON CONT...n/EO UNDER THE: NAME "'NO STYLE Of J"'NET 0
~I'OR suaOIV1S10!'l ,,<;UBO[VISIOl'l or A P"'R1' or THE CITY Of WHEAT
RtXE:. COLOP"'OO, A,O In THESE prlESE!H'S DOCS DEDICATE 1'0 THE C1."
or Io'HE"'T RIDGE "'!'-ID THE PVBLIC THE STREETS. ROADS, ...VENUES MID
Dfll'JES "'S SHI"'ION N THE ACCOMp"'NYING PLAT rOR THE PUBt-Ie us~
THEREOf rORE'JER "'1'10 DOES rURTHErl DEotCATE TO THE USE or THE CITY
Of' "'HE."''' illDCE "riD "'LL HUHICIP"'LLY OWNED AHolOR MUHICIp"'LLY
FR"'NCHl')ED VTILIT:rs MlD 5ERV!I:CS TllOSE PO"TIOl'lS OF SAID RE...L
P"OPERTY IOHlnl 'dU" o~:,<;I(;N1\Tr.O 1\S EASEMENTS ,1.110 RIt;;HT.Or W"Y
fOR nH: CO<<STIl.UC"l't')1I IW5T.I<.U.AT1UllS OPCIl."TIOli, loIAllii'tN...NC'E.
A Ep", Ul AND REPl.A(E1'I[NT !'OA ALL SEA...ICES, INCLUOIl'lG WITHOUT
LIloIlTlNG THE t;;ENER"'LITl OF THE rOREGOINC. TELEl'HotU'.: "'ND ELECTIlIC
LINES, WORK POLgS "NO UNOERGROUNo CA'OLt.S, CAS Pti'!:UMt.S, WA"l't.1l.
PIPELINES, SANITARY SEWER LINES, STREET LIGHTS, CULVER,S
HYOR"'NTS, DRAINAGE DITCHES AND DRAINS AND ALL APPUTENAltCES
THERETO IT BEING EXPRESSLY UNDE~STOOO "NO AGREED BY TH~
UNDERSIGNCO THAT "'LL EXPENSES AtlD COSTS IN...OLV[D IN COrfSTRUCTIJIIG
....1'10 INST"'LLING SANIT....RY SEWER SYSTEM WORKS AND t.IN~S, GAS SERVICI:
I.INES, EL.EC'TRICAL SERVICE WORf(.S AND LINES, ST'ORM SEWERS MID
ORAIffS. ST"[ET L.IGHTING, GRADING AND LANDSCAPING, ClJ1l8S, GUTTERS,
STREET P......EME:iT. SIDEWALKS AND OTHER SUCH UTILITIES AND SERVICES
SHAL.L BE GU""...NTEEO "'1'10 PAtO FOR BY THE SUBDIVIDER OR
ARR"'NCEI1ENTS I'IAOE BY THE SUBDIVIDER THEREfOR WHICH "'AE ...PPROVEO
B" THE CITY OF WHEAT RIDGE, "NO SUCH SUMS SHALL !'lOT BE PAlO BY
THE CITY OF WHE"'T "IDGe, COLORM:K). ....NO TMAT ANY ITEl'I SO
CONSTRUCTED OR INST...l.LED WHEN "'CCEPTEO 8Y t'H!: CtTY or WHEAT
RIOGE, COLOfl...OO SHALL BECOI'IE THE SOLE PROPERTY or SAID CITY
EXCEPT ITENS OWNED BY ."UNICIP"'LLY FRANCHISED UTILITIES AND/OR THE
MO\.JNT.l.tN ST.l.TES 1'Et.EPl'ONE ....Ntl TELEGfl-'PN COI1PANY 'WN1Clf I Tl:!'tS , WHEN'
CONSTRUCTED OR INSTALLED, SHALL REI1-'IH THE PROPl:RTl' or THE OWNER
AND SHALL NOT BECOI1E THE PrlOPERTY or TIfE CITY
HOLDER or DEED OF TRUST HERCBY RELE...SES CLAU'l
TO PUBLIC USE.
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TO AREAS DEOIC"'TED
9twd-lk lu L.t-
NER SIGN"'TURE
STATE or COLOflAOO
STATE or COI.OR"OO
ss
ss
COUNTY or JEFFERSON I
COUNTl' or JEFFERSON I
Tlit: FOfl.ECotW; INSTRUI1ENT WAS
ACKNOWLEOCED BEFOIlt' I'IE
THIS ~ DAY OF
h~............. ".0
19~ 8'l' ~DA~eHANlO..If..
W'"t:iESS MY H"'ND AND orrICtAL
SE...LS. I1Y COI1MISStON Exptll.ES
~YI<4I't1Z.
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TNE rOrlECOHIG IN'STRUl'lEtfT '01),5
...CKNOWLEOCED BErOAE l'll!'.:
THIS --1.A... DAY or
l'1~F.B~D-........~O.
WITNESS I'IY HAND AND OFFICIAL
SE"LS. 1'l'Y COMISSIOtt t.:Uli'.CS
~1lY/+I"l
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MAYOR'S CERTIFICATE
TiltS IS TO CERTlry T"AT (lIe Cl.ty or Iwc...r "lOGE, COLO"ADO. BY
7~_~NGAOOO:TEDIT:ND CIAT?ypRO;OE~C.~~E D.,,\OTlllO: p~~; ~ ~;~tP':>:o~r:
OEDICAflON HEREON !'lAOE.
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CLERK AND RECORDER'S CERTIFICATE
STATE or COLOR"'OO
55
COUNTY or JEFrE"SON l
ACCEPT EO FOR FILING IN THE orrICE or COtJNTY CLfRIC AND IlreORoea or
1'HE COUNTY or JEFFERSON, ST^TE or CDLO"'....DO. THIS ~ 0,1.'1'
0.. mArch U8t RECEPTION NO. qlClrc..i'Jl
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J ERSON COU Y CLERK AND
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