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HomeMy WebLinkAbout0032 [xhibit "H" 1'~ '::$' I .. -J ~ ,.....~ 350328 n ~~L, 0 0 ,,, If "" .::r , " Ii r J u I , n (; " "I , ., ('j; '-. ~ r-;::' . -.- .2974 534 6)j) THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the CITY OF ~JHEAT RIDGE, is entered into this 14tJrjay of March , 19B between the City of ~1heat Ridqe, d r'lunicTpal Corporation, hereinafter referred to as City, and Charles Harmon and Vetha Harmon hereinafter referred to asOwner~-'---------- ! ~ I "'" ..., DEVELOPMENT ^GREE~ENT - ..--.---'" -- _..~._.-- '-- _..~ -,-"-- - - - illi 00 Lt'\ '" .... C> WITNESSETH: 1, 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' The East 195 feet of the South 99 feet of the North 396 feet of Tract 17, JUCHEM'S GARDEN PLACE, except the South 13.44 feet of the East 165.22 feet thereof, County of Jefferson, State of Colorado; the plat of which is recorded in Plat Book 2, page 1. 2, WHEREAS, the Owner desires to develop that tract of land as described 1n Paragraph No, I, and in fact, has heen issued a Buildin(] Permit to do so; and 9200 W. 45th Place, also known as 3. WHEREAS, 4475 Garrison board i ng thaT Tracf oTTa-ncfas-;rescrTb'ed Ti1 'Paraq'raphNo,- Tanrlth-e---- neighborin(] tracts of land are incomplete and below those standards as set out in the SUBDIVISION REGULATIONS of the City; and 4. WHEREAS, to be uniform and consistant with the existing neighboring improve- ments and completion or non-completion of those improvements as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS will make no significant change at the Dresent in those streets fronting that tract of land as described in Paragraph No, I, and the neiqhboring tracts of land; and 5. WHEREAS, in order to conform to those requirements as set out in the SUB- DIVISION REGULATIONS of the City, this agreement is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED, THAT A. The responsibility for meetinq, conforming to and providin~ those require- ments as set out in the SUBDIVISION REGULATIONS of the City is hereby recognized by Owner, B, The Director of Public Works, upon the advice and consent of the Mayor, shall direct the Owner or his assigns and successors to meet those require- ments as set out in the SUBDIVISION REGULATIONS of the City. C Upon receipt of such notice to furnish or construct the public improvement as required under the SUBDIVISION REGULATI~NS of the City, Owner hereby agrees to construct and furnish as Owner's cost, such improvements as are required by the SUBDIVISION REGULATIONS of the City, and to do so in con- formance with the design standards of the SUBDIVISION REGULATIONS of the City. D. In the event an 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 that tract of land as described in Paragraph No.1 above and the neighboring tracts of lands, the Owner or his assigns and successors agree not to oppose its creation, E In the event an impl-ovefl1ent district is created by the City to provide the improvements as provided by the SUBDIVISION REGUUI,TIONS, the costs accessable against the property as described in Paragraph No. I shall not be disproportionate with costs accessable to other nearby and like properties. 2974 534 2~J7'1 535 F, Upon execution of this DEVELOPMENT AGREEMENT ty the City and Owners, the City will waive the inlllll'diate quarantees for puh,ic improvements as set out in the SUBDIVISION !{EGUlATIOfIS of the City. G, This agreement is executed by the Owner pursuant to the SUBDIVISION REGULA- TIONS of the CITY OF WHE'T RIDGE, H. The Parties hereto agree that this DEVELOPMENT AGREEMENT, by its terms, shall be bindinq upon the City and the Owner, a'ld <lpon the assigns and successors thereof; and shall conc,titllte ccvenJnts l'lnninq with the described property, This DEVELOPMENT AGREEMENT shall be recorded with tne County Clerk and Recorder. IN WITNESS WHEREOF, the parties have set their hands dnd seals on the date first shown. RECOMMENDED BY: APPROVED AS TO FORM' C~~ity ~ih7 partment c<;' L ' .' 7" . /.- G-<nL*--~~ .z.'-~_t~~_~~_~!j' Public Works Department J - ( " ~\:_----, t ty Attorney EXECUTED BY OWNER: EX ECUnD BY CITY /'" . ~ / " (.I I j _ _~ ._:.....-.1- .:~_~_L~~~~_.~_ ___._~__ ~~__u/,~.., -,"ftdi~ _.IlL __~'7~____ .... ("'" :...~/., ,v/\/' " ""'~~..~'::...::~- "~. --.------------ - - ------,.---'''-------..--- ~la'yor .- ,'7'" r ~. 'J iM,. . , ~ - ~ ". '...} (~,./ ATTESTED TO BY: , . ~ ~o/:i' . . -~d-4'- 21 , ~r'- _____,~. City Clerk: .~ ' ~ " '."""'C-'" - T _ "~f ~~B STATE OJ:' COLORADO "., .e'_ .. ) )SS. ) COlMt-1 UF JEfFERSON The foregoing instrument was executed before me this -.b'..~ '. ____ day of \~,oa4 ' 1922, by (!Jl/J.dt.~;:zhfh1C.n >'-,~/iJ '7'"" ':J//16I'>1fllJ) ~>f ~~ Nota1t'~ i i'c ---~-, My Commission Expil'es .,'. --~_./d,..L!iZZ__ __~__ Attachment: Exhibit "A" Copy of Property Deed As Recorded in Book 2712 Page 570 2974 535 ;v iJ \f A A-~f ..11 IT' 1, :\",):4 ~1:, , .; -j"ZJ < ,< : I i; I ! I i r I, J -=- f" Rec0rded at.. o'clock. M" Reception Nb9'7.1ZZ ..,.Recorder. Exhibit "A" TUIS DEl:D, l1,\(le this 1975 ,between :~712 r-'70 RECORDER'S STAMP 13th day oC ~Ia rc h ROBERT BARNES and JOHN LAYTON of the County of Jefferson and Statc of Colorado, of the Cirst part, alld CHARLES HARHON and VETHA HA[~'10N of the County of J e [f er son and State of Colorado, of the second part: WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of SIXTEEN THOll SAND AND NO / lOO____________________________________________pOLLARS, to the said parti e s of the first part in hand paid by t.he said parties of the second part, the receipt whereof Is hereby confessed and acknowledged, hl1Je granted, bargained, sold Hnd convcyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and IlJIsigns forever, not in tenancy in common but in joint tenancy, all the followin.~ described lut or parcel of land, situate, lying and being in the County of J e f f L'r son and State of Colorado, to wit The East 195 feet of the South 99 feet of the North 396 feet of Tract 17, JUCHD1'S GARDEN Pu\CE, except the South 13.44 feet of the East 165.22 feet thereof, County of Jefferson, State of Colorado; the plat of which is recorded in Plat Book 2, page 1, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either In law or equity, of. in and tl} the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above barg-ained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them sel v e s ,the i rheirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the seconll part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents they a re well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and h""e good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains. saIl'S, liens, taxes, assessment~ and encumbrances of whatever kind or nature soever, Subject to taxes for 1975 and subsequent years; A~G subject to existing easements if any. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all Hnd every person or persons lawfully claiming or to claim the whole Or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF the said parties of the first part ha ve hereunto setthei r hand and seal the day and year first above written. Signed, Sealpd and Delivercd in the Presence of q,[SEAL] Robert Barnes qm",q,,' [SEAL] .John Laytc'n [SEAL] STATE OF COLORADO, }ss. City and County of 'lellver The f~~~BfJ!1~' i;n~,tl:ument WHS acknowledged before me t.his 19 1.~I.liy' Rcbet't:'Barnes and John Layton ~-I . j): ,r \ ( M:~\commissiQn expire~ >,,--r.:.1- .,,~:,. / -; . 19 : ~ / 1'3 th day of Harch Witness my hand and official seal. -." ,.---- ,L_~,' '"""',:.--'--"",./p"'~<"~,.,',..,,......,..,' Notal7 Public. , \ ". ~/; ~'. 2712 ;liO No. 921. WARRANTY DEED-To Joint Tenanta.-Bn.dfoTd Pubheb\na Co.. 182...46 StoUt St.r~ Denver. Colorado-9-72 -It by natural person or persons here insert name or names; If by person aeUD" tn representative or offIcial capacity or u a.ttorney~in-fac4 then fnlleTt name ot person aa executor. attorfH-'y-tnrfu.ct or other capacity or description; It by officer of cor- poratton then insert name of such officer or officers 8S the preslllC'nt or other u!'llc8rs of such corporatton. naming It.-Bto,,,tOf'll Acknowledoment. Sec. ] 18-6-1 Colorado Hv\'lsed Statutes 1 !Hi3.