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HomeMy WebLinkAboutErnest & Sharon Kierstein- ra 531542 W DEVELOPMENT AGREEMENT (To he completed in duplicate) a ' z.� THIS AGREEMENT, entered into this 27th day of September 1972 , between the City of Wheat Ridge, a Municipal orpmration, heralnaftar efrre red to as City and Ernsat Dale hierstein and Sharon Jay KSersteI , hereinafter referred to es Owner. Witnesseth: WHEREAS, the Owner is the titled owner of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Lot H5, R.-Mar Subdivision, County of Jefferson, State of Colorado Also known as: 3870 Garland, Wheat Ridge, Colorado 50033 and WHEREAS, the Owner proposes to develop the described land, and in fact, has applied for a building permit to do so; and WHEREAS, the adjacent portion of street /etreete are incomplete and below standards; and will require additional work and coats to complete; and WHEREAS, engineering hoe detarmined that completion now Is impractical and plans are not adequately complete to enable the work to proceed; and WHEREAS, to be consistent with the policy as related to street Improvements uiae Agreement is hereby determined as being applicable. NOW, THEREFORE, BE IT HEREBY AGREED, that 1. Property responeiblity for improvement of adjacent streets is hereby recognized and affirmed. 2. When practical and upon the direction of the City, the Owner or his assigns and successors will adequately provide for the improvement of adjacent portion of streets and other off -site impravemanta, "end will not oppose the creation of a Municipal Special Improvement District which may be crented for the purpose of affecting the said improvements and assessing the costa and incidental expenses to the property. 3. The street improvement will be promoted by the City when it becomes practical ea to do, and will cooperate with the Owner and others to accomplish said improvement. The costa assessable for the improvements shall be of direct benefit to said property; and shall not be caste that are disproportionate with costa assessable to other nearby and like properties. 4. The Owner will, es a condition of receipt of a building permit, dead to the City of Wheat Ridge any necessary public rights- of -wey, and further abide by the applicable conditions of the Ordinances of the City of Wheat Ridge. 5. The building permit, applied for, will be issued if otherwise applicable upon the execution by the Owner of the Agreement. 6. This Agreement is executed by the Owner pursuant to the Subdivision Reg- ulations of the City of Wheat Ridge, passed, approved, and adopted on August 7, 1972, as amended. 7. The parties hereto agree that this Development Agreement, by its terms, shall be binding upon the City and the Owner, and upon the assigns and succes- sors thereof; and shall constitute covenants running with the described property. This Development Agreement shall be recorded with the County Clerk and Recorder. 2446 11 2446 120 IN WITNESSTH WHEPEOF, the parties have set their hands and seals, on the date first ahoun. City of Wha Ridge � I 7 7L . ey t L Meyer Attest: City Clark Owner Attest: Secretary Stets of Colorado ) ) SS COMTY OF JEFFERSM) The fareg n instruaent was executed ppfare oe this day of b �J'l .at/ . 19 .Z , by Y eeaeT. n PY^in day of q1 Yl� <(�� -ice-✓ Notary Public My Coniiuion aspires: M1y Com mission Expires Seplu:Ler d, 1376 Appsrmlx E. Wweat Ridps e - RaWINU -e 2446 120