HomeMy WebLinkAboutGelson & Haun8301 IL9G6
1983 FEB 18 t 14 33
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VL•'VELOPME:NT AGREEMENT }
A
THIS DEVELOPMONT AGREEMENT, as authorized by the SUBDIVISION
REGULATIONS of the CITY OF WE[EXf RIDGE, is cntercd into this
day of , between the City of Whc, Ridge a
Municipal Corporation, hereinafter referred to as City, and
TERENCE AND GLENDA GELSTON; DONALD A. AND AUDREY A. HAUN , hereinafter referred
to as Owner, and concerns property located at4 JELLISON STREET
W I T N E S S E T H:
WHEREAS, Ovmer is the titled Owner of a tract of land in the
City of wheat Ridge, County of Jefferson, State of Colorado, more
fully described in Exhibit A, which is attached hereto and expressly
made a part hereof (which property is hereinafter referred to as
"the Property "); and
A'HEREAS, Owner desires to develop the Property but has not been
issued a Building Permit as of NOVEMBER 22, 1982 to do .so; and,
WHEREAS, curb, gutter, sidewalk and street improvements boarding
the Property and the neighboring tracts of land are incomplete
and/or below those standards as set out in the SUBDIVISIONS
REGULATIONS of the City; and
WHEREAS, to be uniform and consistent with the existing neighboring
improvements, the completion or non - completion of those improvements
as regiiired by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION
REGULATIONS will make no significant change at the present in those
strew s fronting the Property and the neighboring tracts of land;
and
S@HEREAS; in-order to conform to those requirements as set out in
the SUBDIVISION REGULATIONS of the City, this_ agreement is hereby
determined to be proper.
2. The Director of Public Works, upon the direction of the Mayor
or the City Administrator, shall give written notice directing
the Owner or his assigns and successors to meet those require-
ments as set out in the SUBDIVISION REGULATIONS of the City and
to construct public improvements described above, including
curb, gutter, sidewalks and street improvements.
3. Upon receipt of such notice to furnish or construct the public
improvement'as required under the SUBDIVISION REGULATIONS of the
City, Owner hereby agrees to construct and furnish at Owner's
cost, such improvements as are required by the SUBDIVISION
REGULATIONS of the City, and to do so in conformance with the
design standards of the SUBDIVISION REGULATIONS of the City.
4. Owner agrees to construct, or cause to be constructed, all public
improvements required hereby within 90 days of the date of
receipt of the notice described in the preceding paragraph. In
the event such public improvements are not completed within such
time, the City is hereby authorized to enter upon the Property
either by its empl.oyces or through agents, contracl or sub-
contractors, and to complete the public improvements described
NOW, THEP.EFORE, IT IS HEREBY AGREED THAT:
1. The xesponsibility for meeting, conforming to and providing
those requirements as set out in the SUBDIVISION REGULATIONS
of the City,is hereby recognized by Owner.
herein, said completion to be acco at owner's sole expense.
Owner agrees to pay for all improvements so made within 30 clays of
the date of cocnp.l,etion, Owner further agreeing that any amount
ca resulting from his failure to pay for any improvement thus completed
,= shall constitute a lien upon the Property above described in the
rn actual amount of the public improvements completed, less any pay-
ments made by 0 %,ner, plus interest on the amount unpaid at 10
^- percent per annum from the date of completion, plus any costs
o incurred by the City in collecting same; including court costs
M and attorney's fees.
co
5. In the event an Improvement District or a Special Improvement
District is created by the City to improve or provide those
requirements as set out in the SUBDIVISION REGULATIONS for those
streets or streets fronting the Property and the neighboring
tracts of lands, the Owner or his assigns and successors agree
not to oppose its creation, or subsequent assessment of the
costs to the Property.
6. - In the event an .Improvement District is created by the City to
provide the improvements as provided by the SUBDIVISION REGULATIONS,
the costs assessable against the Property shall not be dispropor-
tionate with costs assessable to other nearby and like properties.
7. This agreement is executed by the Owner pursuant to the SUBDIVISION
REGULATIONS of the CITY OF WHEAT RIDGE.
8. 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 successors thereof; and shall constitute covenants
running with the Property.
9. The City, in its sole discretion, may require a cash or surety
bond to be held in escrow by the City to secure completion of
the public improvements described herein. Said cash or surety
bond shall be in a sun sufficient to cover the estimated costs
of th; construction of the public improvements described herein,
said estimate to be made at or about the time of the notice
described in paragraph 2 above. In the event the Owner fails
to complete the public improvements within the time specified in
paragraph 4 hereof, the City ray, at its sole option, complete
or cause to be completed, said construction and use all, or any
part, of the cash or surety bond to pay for., or cause to be paid,
all bills and costs incurred in completing said public improve-
ments. Any interest earned on any escrow funds shall be the
sole property of the City.
10. This DEVELOPMENT AGREEMENT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing covenant running with the land; provided, however,
that this DEVELOPMENT AGREEMENT shall be released by the City upon
the completion by the Owner of the public improvements described
herein, which release shall be evidenced by a signed document,
attested to by the City Clerk and bearing the City's seal, which
document shall likewise be recorded.
SPECIAL PROVISIONS AND AGREEMENT:
SEE ATTACHED
- 2 -
1.
That portion of Jellison Street contained
within the J & K
Subdivision, as attached hereto, is to be
constructed including
rn
curbs, gutters, sidewalks and street related
improvements by
-d
_
the owner on or before subdivision and /or
development to the
O
immediate west or north occurs.
M
ap 2.
The adjacent 16' x 20' area designated on
the plat as a Jellison
Street turnaround shall be constructed by
the subdivider, with
the City participating in 500 of all cost
related to the construc-
tion, within one (1) year of the recording
of the plat, in accor-
dance with a design approved by the Wheat
Ridge City Engineer.
3. The curb, gutter, sidewalk and other street related
(including design and construction supervision) on
of Iris Street abutting the J & K Subdivision shall
prior to the issuance of a Certificate of Occupancy
improvements
that portion
be constructed
on Lot 2.
3
-2a-
IN VITNESS MIECtEOt•', th_• parties have set their hands and seals on
date first shown.
c0 RECObIMENDED BY-
j 4 - Z 3 z43
M Public I , o ks Dc rtmeryt
APPR AS 01M:
.s
City Attorney
Com. Dev lopm° partment
1 - -
City Administrator
EXECUTED BY CITY:
Mayor, City of Wheat Ridge
ATTESTED TO BY:
City 6 e3erk 4
Al
STATE OF COLORADO )
ss. i
COUNTY OF JEFFERSON )
e
The foregoing instrument was execA4� before me this day
of _ by TERENCE AND GLENDA GELSTON; DONALD A. AND AUDREY A. HAUN
by commission expires: MA ?s 198A
n
Notary Public Mary Jane Harper
9684 West 44th Avenue
Wheat Ridge, Colo. 80033_
EXECUTED BY 01NER:
830 { h906
NOTES: A. Entire property is within the
100 year flood plain. EXHIBIT
A
B. Zoned Residential - Two r
C. Bearing Basis: North line of h
W SW% of Section 22, T3S, ✓✓
R69W assumed bearing N90o00'00 "E.
D. Monuments: ," reinforcing bar
with cap No. 9010.
DEDICATION CERTIFICATE
BERT
VISION
d R-.,
Ter ,tence S. Gelston and Glenda J. Gelston, being the owners of the
real property of 0.801 acres described as follows: A tract of land
in the NW', of the SW'; of Section 22, Township 3 South, Range 69
West of the 6th Principal Meridian, County of Jefferson, State of
Colorado, more particularly described as follows: Beginning at a
point on the North line of said SW4, 638 feet bast of the West
quarter corner of said Section 22; thence South 0 degrees 53'
Fast, 383 feet to the True Point of Beginning; thence Southeast-
erly to a point that is 230 feet East and 25 feet South of the
True Point of Beginning; `hence South 180 feet; thence Northwest-
erly 243 feet, more or less, to a point that is South 0 degrees
53' East, 125 feet from the True Point of Beginning; thence North-
erly 125 feet to the True Point of Beginning, and have laid out,
subdivided and platted said land as per the drawing hereon cont-
ained under the name and style of J & K SUBDIVISION, a subdivision
of a part of the City of Wheat Ridge, Colorado, and by these pre-
sents do dedicate to the use of the general public and special
service districts those portions of said real property which are
so designated as easements and rights -of -way for the construction,
installation, operation, maintenance, repair and replacement for
all services, including without limiting the generality of all
the foregoing, telephone and electric lines, work, poles and
underground cables, gas pipelines, water pipelines, sanitary sew-
er lines, street lights and signs, culverts, hydrants, drainage
ditches and drains, roadways and all appurtenances thereto, it
being expressly understood and agreed by the undersigned that all
expenses and costs involved in construction and installing san-
itary sewer system works and lines, gas service lines, electrical
works and lines, storm sewer and drains, street lighting, gradinq
and landscaping, curbs, gutters, street pavetr� sidewalks, and
other such utilities and services shall be guaranteed and paid
for by the subdivider or arrangements made by the subdivider
therefor which are approved by the City of Wheat Ridge, Colorado,
and such sums shall not be paid by the City of Wheat: Ridge, Colo-
rado, and that any drain, landscaping, curb, gutter, sidewalk or
street so constructed or installed when accepted by the City of
Wheat Ridge, Colorado, shall become the sole property of said
City except items owned by municipally franchised utili'ies and;
or the Mountain States Telephone and Telegraph Company and /or
special service districts which items, when constructed or in-
stalled, shall remain the property of the owner and shall not be-
come the property of the City.
itz-
Executed this -U day of 19 d
Te,'rence S. Gelston
_ nda Ge
_
G) J. lston
I