HomeMy WebLinkAboutJudy Townhomes Declaration of Covenant and Restrictionn $0.00S38.00
2021154255
11/01/2021 11:04:47 AM 6 Page(s)
JEFFERSON COUNTY, Colorado
DECLARATION OF COVENANT AND RESTRICTION
THIS DECLARATION OF COVENANT AND RESTRICTION (this "Covenant") is made
and entered into as of the I day of L'1c�� :. �_p2l by and among the
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and
�j Storybuilt West Wl, LLC and Storybuilt 5785 West 381h, LLC, Colorado limited liability companies
(jointly the "Developer"), and the City and Developer together referred to as the "Parties."
RECITALS
1. The Developer is the owner of certain real property located in the City of Wheat
Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"),
commonly known as Judy Townhomes.
2. The Developer intends to develop the Property as a 26 -unit townhome
development, subject to that certain Site Plan for the Project titled Judy Townhomes.
3. The City and Developer executed a Subdivision Improvement Agreement, dated
�:L.Jr,w 71, 2.021 , and recorded with the Jefferson County Clerk and Recorder
under Reception No. a' o,; i t 5N 25L1 (the "SIA").
4. The SIA outlines the obligations of the Developer relative the construction of Public
Improvements and other On -Site Improvements (on-site horizontal infrastructure), and outlines
the required timing and phasing of those improvements in relation to the issuance of permits and
certificates of occupancy. The SIA requires the Developer to execute and record this Covenant.
5. Pursuant to the SIA, the obligations of the Developer are proposed to be completed
according to Exhibit C of the SIA.
6. A majority of the Project is not developable unless and until the Public
Improvements and other On -Site Improvements are installed as required by the SIA, and it is the
City's obligation to protect future lot owners from purchasing undevelopable lots.
7. The Parties agree that such protection shall take the form of this Covenant,
execution and recording of which shall take place simultaneously with recording of the SIA.
NOW, THEREFORE in consideration of the above recitals, which are fully incorporated
herein by this reference, the delivery, receipt and sufficiency of which are acknowledged, the
Parties agree as follows:
COVENANT AND RESTRICTION
1. The entirety of the Property is hereby declared to be the "Burdened Property."
2. Imposition of Restriction. The Developer and its heirs, successors and assigns,
hereby covenant and agree that the Burdened Property shall be subject to the following restriction:
No sale of any individual lot or any collection of individual lots which do not
equal the entirety of the Property as described in Exhibit A may occur until
such time as the Public Improvements and On -Site Improvements for the
respective Phase and as required by the SIA are complete and accepted by
the City. This does not prohibit the sale of the entire Property in a bulk sale of
all lots and tracts to a single third party.
3. Burdens Run with Land. Developer declares that this Covenant shall pass with
and burden each and every tract, lot, and parcel of land within and which is a part of the Burdened
Property, and shall apply to and be binding upon the heirs, successors in interest and assigns of
the Developer and any owner hereafter of said tracts, lots and parcels, and shall run with the land
at law and in equity. Each person acquiring any interest in the Burdened Property shall be
deemed for all purposes to have assented and agreed, as an essential condition of any
conveyance to it, to the provisions of this Covenant, to have agreed to comply with this Covenant
and to have waived any right to challenge or contest the provisions hereof except as permitted
herein. The benefits and burdens of this Covenant shall be perpetual unless released by written
instrument executed by the City, acting in its sole but reasonable discretion upon a written request
by the Developer or any successor.
4. Termination. The burden of this Covenant shall terminate upon the City's
acceptance of the Public Improvements and On -Site Improvements required for each Phase
pursuant to the SIA.
5. Enforcement. The benefited party herein shall be the City. The rights, duties and
obligations contained in this Covenant may be enforced by the filing of an appropriate action in
law or in equity in the District Court for Jefferson County, Colorado whose jurisdiction over this
Covenant is hereby acknowledged. Such action and remedies may include, but is not limited to
specific performance, mandatory injunction, damages, forfeiture or other relief. In the event of
any litigation under this Covenant, the court shall award reasonable attorneys' fees and costs to
the prevailing party.
6. Governing Law. This Covenant shall be governed and construed in accordance
with the laws of the state of Colorado. Venue and jurisdiction for any action arising under this
Covenant shall be property and exclusive in the District Court for Jefferson County, Colorado.
7. Entire Agreement. This Covenant shall constitute the whole agreement between
the Parties on the subjects contained herein, and no additional or different oral representation,
promise or agreement shall be binding on the Parties with respect to the subject matter of this
Covenant.
8. No Waiver. No provision of this Covenant may be waived except by written
instrument signed by the Party to be charged with such waiver. Failure of any Parry to this
Covenant to enforce any provision of this Covenant shall not constitute a waiver of such provision,
and no waiver by any Party to this Covenant, or of any provision of this Covenant, shall be
constitute a waiver of any other provision or of the same provision.
9. Recording. This Covenant shall be recorded simultaneously with the SIA for the
Property and shall be filed for record with the Office of the Jefferson County Clerk & Recorder.
IN WITNESS WHEREOF, the Parties have executed this Covenant on the dates set forth
below, intending that it be valid and effective from and after the date of such execution and
recording.
2
CITY OF WHEAT RIDGE, COLORADO 3
m
ATTEST:
Stephen Kirkpatrick, City Clerk
Bud Starker, Mayor
DEVELOPER
-exc�S
STATE OF CGeRADO
COUNTY OF jVr. J i S
By:
Name: 1NllW�I. pH'bA'v4
Title:
SS.
The foregoing instrument was acknowledged before me this $ day of
c bvr , 202-1, by Wt6�t-k PO�or` V < <as Q�i j ,UQ sEQ�-of
Storybuilt West 38th, LLC.
Witness my hand and official seal.
My commission expires:
RiR
McDonald
on F.zpi►es
�A
2046
Notary Public
(SEAL)
rd
Y
By:I—A lam'`
Name: _ mtc-tIK-1, i'A-tvk'y lG
Title: G44l , 06-461
Tex0.s
STATE OF CO ADO )
SS.
COUNTY OF 7r-k\1t S
The foregoing instrument was acknowledged before me this O k day of
�o'k Y , 20 Z� , by KX0Cy b, as r, Q.� tCl t CSM... of
Storybuilt 5785 West 38th, LLC.
Witness my hand and official seal.
My commission expires: 4 il� �i � Z-!)"
RRene Nicole McDonald
My Commission Epire$
0210412024IO No. 126862046
(SEAL)
Notary Public
EXHIBIT A
Legal Description of the Property
JUDY TOWNHOMES, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO
60