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HomeMy WebLinkAboutTouchstone Holdings 2007o"opy To' PlArn;ns ✓ 11111111111111111111111111111111111111111111111111111111Jill COVO.oo ~rJ 01/15/2008 02:46:42 PM 7 Page(s) Jefferson County, Colorado J~ CZ) c f?7 T" N U;,. E.:x DEVELOPMENT COVENANT AGREEMENT THIS DEVELOPMENT COVENANT AGREEMENT is made as of the 12th day of October, 2007 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Touchstone Holdings LLC, (the "Applicant'), together referred to as the "Parties". RECITALS: / WHEREAS, the Applicant 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 5220 Quail Street; and WHEREAS, the City, after holding all required public hearings and granting all administrative approvals as prescribed by the Wheat Ridge Code of Laws (the "Code of Laws"), approved the Final Plat for the Property titled Quail Ridge Estates. Copies of the Final Plat and/or Final Development Plan are attached hereto as Exhibit B, and is incorporated herein; and WHEREAS, the Applicant may not in the future be involved with development of the Property, and in that event should not be responsible for the site improvements to the Property shown on the approved Final Development Plan and Final Plat held by the Community Development Department and civil drawings held in the Department of Public Works of the City, herein referred to collectively as the "Final Plans"; and WHEREAS, the Parties understand and agree that the intent of this Agreement is to establish the obligations and expectations for future development of the Property in accordance with the Final Plans; and THEREFORE, in consideration of the mutual promises, covenants and agreements of the Parties, the approval of the Final Plans by the City, the dedication of certain land and/or easements to the City and other good and valuable consideration, the receipt and sufficiency which is acknowledged and confessed, the Parties hereto agree as follows: 1. Compliance with Final Plan: The entity which develops the Property ("Developer") consistent with the Final Plans, whether the Applicant or a successor or assign of the Applicant, shall be required to comply with all applicable sections of Chapter 26, Articles III and IV of the Wheat Ridge Code of Laws. The Developer shall also furnish all financial guarantees required for development of the Property by the Director of Public Works and the Community Development Director acting jointly. documents teasonitsly necessary to do so. 3. Safe of PMrllr. No sate of kxWdtW k*& or any colledion of bb which do not equal the et r of the Pmpedy as desorbed eh Ehdttbtii A may occur until such One as a Fuhm Agreement has been execubW - This para h shalt not prevent the Applicart or a Developer Um convOM or srtg the entirety of the Property to a third party. 4. issuance of f @ft fir: The City shag not Mw any W&ft pence t fiat any hrdividuel lot vet the Ompedy until an qp ved Future Agreemnt has been errecxtt d by the, try and ft then owner Of fire PMPO ty for kOvidual khts tray be issued by the City eoref mW upon otmViiame with all terms isted in the Fu lu a rrerrt. h. Saft Aid w1h OayelCa mgd of ftberty, At trtilct'mg permit fees, park land dedicalm bees, r Vww fem and WM* for MWRICbOft of pry rroveaw is shalt be pain by the Applicant, or in the event the Property is Conveyed, by the Developer vft executes the Frke Ag Vement. The Applicant shaft not be resporusrbte for the payrnert of such fees unite the Appftwt eats the Future, Agreeiment as the Property Developer. 6. Horrterrwger's Altus The Developer, as executor of the Future Agrement shy be r ortstTale for due estabWr *WA of and fire r elation of rules governing a horneownem asso err for the Pa rty. The Applicant shall not be r for the esubfishimert of a ho#oaw*Ws emu, unless, the Applicant is the Developer, the Property, may not be developed, and no lots may be sold pw to, creation of the hwMwr et5 association- 7. (ttmroy rreruts to Pnyerfv- No site work shall be perforimed on dre Property until a signed Future Agreement has been executed and the proper pen uils for the sane: have been issued by the City. For the purposes of this paragraph, site woW is defined as any gnx*q, clearing, or drug of try conpAxtion vAh she dew went with the approved Final Plans. Nothing in this paragraph shall prevent the carr ion of -2- pjoW poinfftwe ftsued Wthe QJY- 8. ecc # Tin A"effsmt s be fNed far r #t ; x d %"loaf," fem for w%ch I* Md &I the IAWmant. Dated #w5 ~ ST da~r Elf NOY~ beh- 2O7. CITY "eATIO , ` MOPMO stone i ~~4So,.,w? ~Ne e- Nam yr,a- i'Gr ~ Tn Pte" TMe [ 4.7}~ I31-1/1,r, if S X10 ~ ~ EWOtM r~ {aO2L Yi Addrem -3- ) STATE OF COLORADO COUNTY OF JEFFERSON ) Ttle ~ at~rte~drbe~One me S~~t ~ 20M. byM~!M 1p f 1 as , of Wit. 8 8UR0 '~No~ARy~ j-- _ My oonvniWmewkew. - V s UBLI n My Conan. -4- EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, TOUCHSTONE HOLDINGS, INC., A COLORADO CORPORATION, BEING THE OWNER OF REAL PROPERTY, DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE WEST ONE HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING A PORTION OF LAND DESCRIBED IN RECEPTION NO. 83042942, COUNTY PUBLIC RECORDS, INCLUDING A 7.5 FEET, MORE OR LESS, WIDE STRIP OF LAND DESCRIBED IN RECEPTION NO. 2007001840, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NOTE: FOR THE PURPOSE OF THIS DESCRIPTION THE BASIS OF BEARINGS IS THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16 AS BEARING NORTH 89°32'45" EAST BETWEEN THE FOUND 3 INCH DIAMETER ALUMINUM PIPES WITH 3-1/4 INCH DIAMETER BRASS CAPS STAMPED L.S. 13212 MARKING THE SOUTHWEST CORNER AND THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER. COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 16; THENCE NORTH 89°32'45" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 16, 1329.63 FEET TO A FOUND 3/4 INCH DIAMETER REBAR WITH 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED L.S. 16427 MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 16; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 16, NORTH 89°32'45" EAST, 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF LAND DESCRIBED IN RECEPTION NO. 83042942, BEING PARALLEL TO AND 15 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, NORTH 00°15'09" WEST, 381.40 FEET TO A FOUND 5/8 INCH DIAMETER REBAR WITH PLASTIC CAP, L.S. 29043; THENCE NORTH 89°32'45" EAST, 447.89 FEET TO A POINT ON THE WEST LINE OF A STRIP OF LAND DESCRIBED IN RECEPTION NO. 2007001840; THENCE NORTH 89°32'45" EAST, 7.69 FEET TO A POINT ON THE WEST LINE OF SKYLINE ESTATES FILING NO. 2, RECEPTION NO. F1816752, COUNTY PUBLIC RECORDS, SAID POINT ALSO BEING ON THE EAST LINE OF SAID STRIP OF LAND; THENCE SOUTH 00°13'03" EAST, ALONG SAID WEST LINE OF SKYLINE ESTATES FILING NO. 2, AND ALONG THE EAST LINE OF SAID STRIP OF LAND, 381.40 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, SAID POINT BEING THE SOUTHWEST CORNER OF SKYLINE ESTATES FILING NO. 2, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID STRIP OF LAND; THENCE SOUTH 89°32'45" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, AND ALONG THE SOUTH LINE OF SAID STRIP OF LAND, 7.44 FEET TO THE SOUTHWEST CORNER OF SAID STRIP OF LAND; THENCE SOUTH 00°15'21" EAST, 181.49 FEET TO THE BASE OF A BENT #4 REBAR; THENCE ON THE NORTHERLY RIGHT-OF-WAY RIDGE ROAD AS DESCRIBED IN BOOK 184 AT PAGE 132, SOUTH 74°44'11" WEST, 463.62 FEET; THENCE ON THE WEST LINE OF LAND DESCRIBED IN RECEPTION NO. 83042942, BEING PARALLEL TO AND 15 FEET EAST OF THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16, NORTH 00°16'33" WEST, 300.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 6.463 ACRES, MORE OR LESS. HAS LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF QUAIL RIDGE ESTATES, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. 7 Q a>m w~,~ BFI § 9•^^~ ° :y .ry IBC 3.CBl 5 !N ° mn e O a .a zio 16': Z w R Q N~N F 0o 0oy~ w 6W~ 2 W g0N 1 0 aI-~o 0zp<Z K W O F=jU J 0 0 w Q O'¢ /~y p2~ V 4NW QO~ 0 z U S tljq 3popl i~ l i ii 14g Ii 3 ~ nz \-.wa ~a 3; JAYBt 3.IL.SlA s ww R uw I gppp969 oil g® ~ ~ HIA'J o Is II II- II II III R ~e q 15 gig 11 H a ~ p Ia~ i iE~ i ~C\1 9 s^ ' Snt"s l i \ Rk~ B$5a Iggy~ ONO wiana~n B S~ ~ p6R r.~ sb5R I 9 6B \ ' S'-fix§~9 ~ ~RE 4g ~ i 9 a4 ~ ~i ~I ggg e l g 6 lt~ ~ ~a ~ I p a k a E l n C® a b I E JHP b ll b q i s~ 5~ ` ~ o t 4 :g8 i Elva ~ b i; b 45 ~ a `e 3 ~ 4 8 b d~iRi~ 3~~~