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HomeMy WebLinkAbout0054 I:xhibit "H" 1/ ~ounty vi ~ecorded Iti 01 l;u 8-~ 78026740 197C .,'t: , , I~I <1\ L ,_J \' 3: 25 DEVELOPMENT AGRE~~T THIS DEVELOP~1ENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 30 day of December , 1977, between the City of \i!heat Ridqe, a HunicTpa'l Corporation, hereinafter referred to as City, and George D. Leman & Bonnie H. Leman here; nafter referred to as Owner. ,-~-- ___m__ WITNESSETH: 1. WHEREAS, the Owner is the titled Owner of a tract of land in the City of WheJt Ridge, County of Jefferson, State of Colorado, described as follows: Lot 21 Lionel Subdivision and Lot 22, Lillian's First additi~n, except that portion of Lot 22.conveyed in instrument recorded September 10, 1968 1n Book 2046 at page 393. County of Jefferson, State of Colorado. 2. WHEREAS, the Owner desires to develop that tract of land as described 1n Paragraph No.1, and in fact, has been issued a Building Permit to do so; and 3. WHEREAS, curb, gutter, and sidewalks on Pierce St & 44th Ave. boarding that tract of land as descriued in Paragraph No. l"an-d the neighboring tracts of land are incomplete and below those standards as set out in the SUBDIVISION REGULATIONS of tne City, and 4. WHEREAS, to be uniform and consistant vlith the existing neighooring i"1prove- ments and completion Or non-completion of those improvements as required by SECTION FIVE: IMPROVEMEN1S of the SUBDIVISION REGULATIONS will make no significa~t change at the present in those streets frontinG that tract of land as described in Paragraph No 1, and the neighboring 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 meeting, conforming to and providinq 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 ~nj consent of the Mayor, shall direct the Owner 0)' 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 requiced under the SUBDIVISION REGULATIONS of the City, Owner hereby agrees to construct an~ furnish at Owner's cost, such improvement~ as are required by tho SUBDIVISION REGULATIONS of the Ci"y, and to do so in con- formance with the design standards of the SUBDIVISION RE~ULATIONS of the City. D. In the event an improvement district 'is crnated by the City to improve or p\^ovide those requirements as set Ollt in the SUBDIVISION REGUl.ATIONS for those streets or streets fronting that tract of land dS described in Paragraph No.1 above and the neinhboring tracts of lands, the Owner or his assigns and successors agree not to oppose its creation E. In the event an improvement district is created by the City to provide the improvements as provided by the SUBDIVISION REGULATIONS, t~o costs accessable d<]Jinst the property JS described in Paragraph No.1 shall not be disproportionate with costs accessable to other nearby and like properties. -' , ) " "c.c:' cl , .9,rq'B t:lc > , I ,c' !,. 7802674~ F. Upon execution of this DEVELOPMENT AGREE~1ENT by the City and Owners, the City will waive the immediate guarantees for public improvements as set out in the SUBDIVISION REGULATIONS of the City. G. This agreement is executed by the Owner pursuant to the SUBDIVISION ~EGUL~- TIONS of the CITY OF WHE~T RIDGE. H. 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 runnina with the described property. This DEVELOPMENT AGREEMENT shall be recorded with the County Clerk and Recorder. IN WITNESS WHEREOF, the parties have set their hands and seals on the date first shown. RECOMMENDED BY: /,:~._/l \,9.78, tment APPROVED AS TO FORM: ':~m '"' r I- ,(Lc "."~ , '// /' ~.,;{d a..,(..... City Attorney , ____ __ ~'7C~~_____2h7/7)1 City Admini~ rator EXECUTED BY OWNER: ~ I ~J;;'b7' , _. -" ayor / · I~ iUA- _= ATTESTED TO BY: ,r- ~ --.C2 2/c_~/ ~~~J?~ City Clerk 7~ STATE OF COLORADO ) )5S. ) COUNTY OF JEFFERSON The foregoing instrument was executed before [lle this --.l i, ( I' ,,_~__, 19_JJ_, by "' ' ~: -l day of 1 ~ ( Notii-ry' Pub 1 i c ) , -~ .. ~'.l c ~ '- . .'"'., ,J My Commlssion Expires: i'/') Cc -," ::; .:: c '- ~~, 19:1 --~--~-------~ ,,' :-: '~"o.. " . , " ",,\'.1 !'. '~ ;. '. - 2 - .....r ....~ .. -' "" ~ <=> 00, l\; ~ ~- :.) ,~ '~>- '-...;;c :s R~(,III" " 'I b ;J ~ 0 : HIlt< 11JII H(\coruor ItC'ceptinn N,>. ~,\t*)'....'l ; ...\\.c\.uJ , I. -4_~~ . . , 'I RECORDER'S 'STAMP TlIIS DEED, Mad. thi. 1976 ,between .lilY of (Yl.",'{ ~r~ PETER DEL MASTRO and r-1i\HY husband 'and wife uEL Ml\S ':'RCJ , 2848 ~Z7 J _ o.f tilO County of ':;,"::icr~on Colorado, of the tint part, and GEORGE D. LEMAN and BON",IE ll. LEl'lMJ and State of of the County of WITNESSETH, that tha .aid part ONE HUNDRED THOUSAND AND Jcffrrson and Staw of C,.lorado,oithe .econd part: of the fint part, for alld in conaidoration of the .um of - _. - - - - - - - , NO /100-- ------- - --- -- - - -- -- ---- -- -- .vOLLAftS, to the eaid part ot the tint part in hand paid by the &Ilid parties of the .erond part, the rl'<'eipt whereof i. herebyeonteued and aclrnowledred, ha iranted, bariained, fold and roo Vl')'ed, and by theM presents do <<rant, barvain, ..U, conny and ..,nfirm Ilnto the .aid parties of the second .,al't, their hein and assigns forever, not ID ten&DC)' In eotnmon but In joint tenancy, all the followinr described lot or parcel of land, aituate, lyini and ~ In the C<>unty of J e f fer so n and State of Colorado, to wit: LOT 21, LIONEL SUBDIVISION and LOT 22, LILLIAN'S FIRST ADDITION, EXCEPT that portion of Lot 22 conveyed In instrument recorded Septe~er 10, 1968 ln Book 2046 at page 393. i I, I' I i I, ! TOGETHER with all and lingular tho hereditaments and appurtenances thereunto beloni'ing, or in anywise appertalnlllw, the ......emOD and reversions, remainder and remkinderB. renllo, j",uee and profits the"""f; and all the estate, rlWht, tlU., llltereat, claim and demand whatl!o<n"er of the .ai,l partles of the first part, either in law or equity, of, Ia and to the ahoy" bargained premises, with the hereditaments and appurtenances. TO HA VE AND TO HOLD the ...Id premiseB above bal'l(ained and described, with the appurtenances, unto the saiu partin of the seeond part, their heira and assigns forever. And the Baid part ies of the first part, for them Bel ves ,theilhelrs, execntol'1l, and administrators do coyenant, grant, barg-ain and agree to and with the ..id parUea of the &<<ODd part, their ~in and a..igns, that at the time of the .ns.alini and delivery of these pres- Inta they are welllleized of the premises ahove conyeyed, as of good, aure, perfeet, IIbsolnte and indefeasible I, eatata of inheritance, III law, In fee simple, and loa ve good right, fnll power and lawful authority to vant, bar. : gain, sell and convey the aame in manner and form aforesaid, and that the eame are free and clear from all former I: and other granta, bargaina, ..lee, lien., taxes, a.seB.mente and encumbrance. of whatever kind or nature aoever. excppt texes for 1976 )" J', '<D~C ,: ,nt YI! ,fS, and c::cciJ! e ..,2;,;ll',,5, ' restr:ictions, rescrvatlvi'J', ,il u I ic':I~S of wuY of record, if any ,; I: and the abo". barvalned pn!tDi_ In the quiet and peaceable polIlIeasion of the uid parties of the second part, their heirs and aaslll'Da, aplnat all and every person or persone lawfully claiming or to claIm the whole or any part thereof, the ..id part ies of the first part .hall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the .aid part ies of the first part ha ve hereunto oet theiltland 5 Mal S the day and year first above written. Slcned, Sealed ed De1in""d in the Presence of and i, I! \: II: j II (Ii ' If' .,- I{ (/1-?~- rUL.. 2 t,)_.~(/,<- J';'~ ::(/ . .r' I'E['~ L-e1 rl.a~3tr6, bus Q ) ~ '1 t) /"lJ J ',.)) ~ v ) ~)- 'i' ,/ //' / . , ,-!L ('/ I I\.. 1L...-/, /I.-/../v/ J: 1 t-Lh"Y J; 'epJ:SGstro, wi'fEinn.........n..rSEA r. [SEAL] , I' I STATE OF COLORADO, 1 """"01, Countyot Jefferson JRO. I 'IJ ,'::l \') r,' '" .,' . ,u.-1 //.\ ..' < 'l1i';'f';rq.;Inf(I~t:U,,",nt wa. acknowledr,-ed belore me this ~r~ W~'.'llr"'T.j>ar~~ Mastro and l'lary J. Del Mastro " \ "" 1(, T.Ti;Y':J ~ " . ., " - It ,. , .... '\ : ~}: J III ~V)')~iNlun~.. UY\t., ,1~1~ ,Wltneu ~\', tIe L\C,/ CJ ! ,J.;.' II, ,.' () .... , ; I", "I' \.,\-.. (' ~ N , C U\.\\l',," " ;1". . . ,,1\\ 11.,,,,,,,,,, ...[SEALl dny of IA.!>>f and wife, mslAmd .'~~* ~..." ...oU.. \'1\ I I: I I, , II \/ 1 " '\ No. 121. W A.1l&.&.N'" DKKD-T. J..' ,.."..ta..- Oradtllrd rubllehln. 00.. 111'....... ftlO\Jt At.~ [)<<on".", Colo..,.do-l~TI -If b7 natural pet"'llOn or pe~n. here In..ert nllme" or n.mf"; It b., ppnwrtl actlnlt' tn r~r",,".,ntlltlVfl Or" orrlnh..' capAcity or n.. attorD.-y-fn~f"ct. then In.tort na.mfl of fw'ntOn ... f'l':#'Clllnr Altom"7-tn-fJLl'f fll" oth~r (,I\V"f~1 y {.r ",...ert,lt'nn I If b,. O('kflr nt ('ur- 1>nf'&ttf'llft UUI" htHrt nil"". of .,I('1h ofrt....r o-r l"oHk....ll1 Ill_ tt.. u""""..nt nf'" fin,..,. nffl.."t". ..r .n,.h ,.nq~(l"'ttnnl nam'n. t..- '"""II hH" 1I ),~~."'''''''''""r<Ilf, M,.... II.... 11,'\".,,,\.. It 11"..1 '1I,'Il",~ 1'1'\ 11I''''' ,., .