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HomeMy WebLinkAbout0006 c J,I ~i Ftv 7~571~ .-' DEf1ELONENT IlGREENt:!lT .., ~, ::> -D ,s THIS DEVEI,OPNENT AGReEMENT, (as provided by paragraph D, Development Agreement, t.;i thin SECTrO:'1 SEVEN: VARIANCES, of the SUBDIVISION REGU- Lf1TIOnS of the CITY OF fiIIEAT RIDGE, passed, approved and adopted Feb- ruary 7, 1972, as amended) entered into this 31st, day of JulV 19~, between The City of wheat Ridge, a Municipal Corporation, herei;Llftcr referred to as City, and Richard R. Dearinq = hereinafter referred to as O'.,mer, I n'1 ...0 r-- '.~ , rJITNESSETH: 1. ~mEREllS, the Olmer is the ti tIed Olmer of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, des- cribed as follows: The North 110 feet of a tract of land in the Southeast ,-, of the Northwest ~ of Section 21, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, which begins at a point 755 feet West and 420 feet North of the Southeast corner of said Northwest ~ of Section 21; thence West and parallel with the North line of said Northwest ~ of Section 21 a distance of 130.4 feet to the True Point of Beginning; thence North and'paralle1 with the East line of said Northwest ~ of Section 21, a distance of 168 feet to a point on the South line of West 44th Avenue; thence West along the South line of West 44th Avenue 125 feet; thence South and parallel with the East line of said Northwest ~ of Section 21, a distance of 196 feet; thence East and parallel with the North line of said Northwest ~, a distance of 125 feet; thence North and parallel with the East line of said Northwest ~ a distance of 28 feet more or less to the True Point of Beginning, Excepting therefrom the East 17 feet thereof. 2. rlHEREAS, the Owner has developed that tract of land as described in Paragraph No.1, and in fact, has been issued a Building Permit to do so: and 3. rvHEREAS, 108.0' Frontinq West 44th Avenlle & 7700' prnnrinl Pearson Street fronting that tract of land as described in Paragraph No. and the neighboring tracts of land are incomplete and belot.; those standards as set out in SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IUPROVE- ;.-JE:."Tf: of the SUBDItTISION RECU~J,TIONS: end 4. WHEREAS, to be consistant with the existing heighboring improvements and completion or non-completion of those improvements as required by SECTION FIVE: Il1PROVENENTS of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting that tract of land as described in Paragraph No.1, and the neigh- boring tract of lands; and 5. WHEREAS, in order to conform to those requirements as set out in SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IMPROVEUENTS of the SUBDIVISION REGULATIONS this agreement is hereby determined to be applicable. NOW, THEREFORE, BE IT HEREBY AGREED, THAT A. Property responsibility for meeting and conforming to those require- ments as set out in SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATTONS i.s hereby recogni zed and affirmed. B. The Director of Public rlorks, upon the auvice una con.sent 0f 1:11", Mayor, shall direct the Ol.mer or his assigns and successors to meet those re- quirements as set out in SECTION FOUR: DESIGN STANDARDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS. C. .Tn the event an improvement district is created by the City to implement: those requirements as set out in SECTION FOUR, DESIGN STANDARDS, and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION ReGULATIONS for those streets or streets fronting that tract of land as described in Paragraph No. 1 and the ne~ghboring tract of lands, the O~ner or his assigns and successions will not oppose its creation. ;?"..., ':.,', 4.42 b ~ N CJl ~ i\:. 'I f~ ~ co ,;.. ...:.. N :u c> '" c (") ,-= n -~ -... ;:+ c.~ '" ::2 c', ---,-...( -n = c.., rc r"! , CJ " >0 :3 ~; D. In the event an improvement district is creeltcd by the City to accompl.ish the intent of SECTION FOUR: DESIGN STMIDARDS and SECTIO"! FIVE: INPROVENE:NTS of the SUBDIVISION REGULATIONS, the costs elccessable shelll be of direct benefit to that property as described ~n Paragraph No. 1 and shall not be costs that are disproportionate \vith costs accessable to other nearby and like properties, 'J"IC"} /J ;'!I3 ;"" 1l\J'.. -A...:i E. Upon execution of this DEVELOPNENT AGREEMENT by the City and O-dners, the City tnll >Iaive the guarantees for public improvements as set out in SEXTIO:i THREE: PROCEDURE (Subsection C., Paragraph 5.) of the SUBDIVISION REGUlATIONS F. This agreement ~s executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the CITY OF' WIEAT RIDGE, passed, approved and adopted February 7, 1972, as amended. G. 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 described property. This DEVELOPMENT AGREEMENT shall be recorded with the County Clerk and Recorder. III ~lITNESSTH ["HEREOF, the parties have set their hands and seals on the date first shown. RECOMMENDED BY: Gya--- 2 . ~'<./ 7- <J / 7"- I t .i".t._t._'-.'-.,,!, i. . t 'It.' ~ \'^ tl.M , ( ~ i 1$ Public Works Department COmmunity Development Department APPROVED AS TO FORM: APPROVED INTENT: ~ J?-::c- _ +- .;, \/ City Attorney EXECUTED /1.,/'1. . I ./ Mayor BY CITY ~ .~ AI' , ..".1 , I I,../)[,.. I / ~ '&,'.-< 2... -"L--.- EXEC~ ~Y OrINER: ~ . /. -d f ~ ~ ''''IJ~ /I ~ I / , ) ,.:'"+/~,,dLL ,// / -<-'--v;,t,t -, ';; (......./ -I ( /-t ~.." t..~ j, " ~ ' . -:\ ~.. /..0 ~ ...~.. .....,~; 1 ~ /~ ... (', I' , ,~.' i ') ,.~ , 0 . - '-- .,. ,.... 7;-;:~ ~ ~ ..... ~~ .iJ J ~ ~ r ,"- ~.. -,) ~ '!! .~" '.: .... ~ ",' \.1 State of Colorado County of Jefferson ss '..... "I')>'" (\ ~. It.., " ',. 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