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HomeMy WebLinkAbout0095 00 0; 82C2it09L iJc~ liP,( I ~ !" i hn 4,.;' ... t County of Jeffcr~o:1 Stu~" of Cc RELEASE OF DEVELOPMENT AGREEMENT The City of Wheat Ridge, Colorado, does hereby release that certain Development Agreement executed by Kipling 5000 Plaza and the City of Wheat Ridge recorded in Book 2819 at Page 778, Reception Number 765532, on February 18, 1976, relating to the following des- cribed real property, to-wit: That part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section 15, Township 3 South, Range 69 West of the 6th P.M., described as follows: Commencing at the Northwest Corner of the Southwest Quarter of said Section 15; thence South 00002' East a distance of 313.6 feet; thence North 87048' East a distance of 61.22 feet, thence South 00025' West a distance of 388,0 feet to the TRUE POINT OF BEGINNING, thence South 88008' East a distance of 300.02 feet; thence South 00025' West a distance of 487.60 feet to a point on the Northerly line of that Public Service Company right of way described in Book 722 at Page 174 of the Jefferson County Records; thence South 74005'30" West on and along said right of way line, a distance of 311,02 feet; thence North 00002' West, 55 feetdistant from and parallel to the West line of said Southwest Quarter, a distance of 582,61 feet; thence North 39058' East a distance of 3.13 feet, more or less, to the TRUE POINT OF BEGINNING, containing 3.70 acres, more or less. The above described Development Agreement is hereby released, nullified and held for naught for the reason that all work required thereby has been completed. THE CITY OF WHEAT RIDGE, COLORADO BY , / . , y--;:' ~ c .. 4, . I A_ ~/.L~~ ' Frank Stltes, Mayor ATTEST: - ~ / ~ y-- / . . . v ':/ )~1~..K' -511_1[.2- Carol F. ~p , Clty C~ I ,I -~ r-'0 I -/- , l " ~ / ~ / ~/ \';' :'5532 ---r -r / /." i @ DEVEUJPdc'iJT J\Ck[;EdENT '1,'L, V?VELOPi:EliT l1(;!n:E:NENT, (as pro;/ic7ed by paragrap'1 V, Development ",~,:'",:;,'-,nt, (...ithin see: [0.'1 SLVEN: VARIANCES, of the SUBDIVI5IO:: RIX(]- ',' r ),:5 0 r the' (,I'1"( or (/I,'!';. T UI DCE, passed, a.opro:/cr] and adopted l:'e:b- it ('j 7, 1<)72, ,I, 3'T..!nded) entered int~o th.1 .~~_I' (){"'y ,,()f ___~, 1 J , bCt\h'en '[he Clty rof [/1,,",,(' R.Idgc", a [.Iunicj:) 'J CorporuL.jon, r'_cre.Inaftcr referr.::cl to as Ci ty, and _ Kipling 5000 Plaza lV'121naftcr referred to as (Y;'lner. """-oJ en :n ,..n ..i~ ~'..,,~ <'0 "::I rJ['l':IE:SSETIl , :J'- L~'"\ o~ ~, 1, ['/HEREAS, the O;-mer is the ti tIed Otmer of d tract of land in the City of wheat Ridge, County of Jefferson, State of Colorado, des- cribed as fo1lo\'ls: " 'l<- That part of the Northwest QUe/LLur o i.- the southwest Quarter (l'Jr'/1r S!'l~) of Section 15, TOf-vnship 3 South, Range 69 ('lest of the 6th P.M" described as fo.Zlows: :-~ f: r. Commencing at the Northwest Corner of the Southwest Quarter of said Section 15; thence South 000 02' East a distance of 313,6 feet; thence North 870 48' East a distance of 61,22 feet; thence South 000 25' West a distance of 388,0 feet to the TRUE POINT OF BEGINNING; thence South 880 08' East a distance of 300.02 feet; thence South 000 25' West a distance of 487.60 feet to a point on the Northerly line of that Public Service Company right of way described in Book 722 at Page 174 of the Jefferson County Records; thence South 740 05' 30" West on and along said right of way line, a distance of 311,02 feet; thence North 000 02' West, 55 feetdistant from and parallel to the West line of said Southwest Quarter, a distance of 582,61 feet; thence North 890 58' East a distance of 3.13 feet, more or less, to the TRUE POINT OF BEGINNING, containing 3,70 acres, more of less; and N r::r, ~ (,C .....1 ~ 00 ',;> (0 ,-I ('; 2. ~HEREAS, the Owner is developing a tract of land as described in Paragraph No.1, and in fact is being issued the following per~its to dQ so: and 3. fiiJEREAS, Kipling 5000 Plaza fronting Kip1inq Street said tract of land as descr~bed .In Paragraph No. 1 and the neighboring tract of land are incomplete and below those standards as set out in SECTION FOUR, DESIGN STANDARDS and SECTION FIVE: IMPROVEMENTS of the SUBDIVISION RECULATIONS: and 4. WiEREAS, to be consistant with the existing neighboring improvement8 and completion or non-completion of tho8e improvement" as required by SECTION FIVE: INPROVENENTS of the STlflDIVISJO!l ?RGf/T,Il:i'JONS r.1J}} make no significant change at the present in those streets fronting that tract of land as described in ParagI'aph No. Jr and the neigh- boring tract of lands; and 5. (iHEREAS, in orde.I' to conform to those l'equirem::mts as D(d out in SECTION POUR: DESIGN STANDARDS and SECTION FIVE: IHPROVENENTS of the SUBDIVISION REGULATIONS this agreement is hereby oetermined to be applicable. liON', 'l'HEREFORi'., BE IT HEREBY AGREED, THAT II _ Property responsibility for meeting and conforming to those r.eqlJire-- ments as set out in SECTION FOUR: DESIGN STANDARDS and .sr:cr:rON F'n'T:;r INPHOVENENTS of the SUBDIVISION REGULATIONS is hereby recognized ilnd <:1ffirmed_ B. The Director of Public Vorks, upon the advice and consent of the Mayor, shall direct the O~me, or his assigns and s'Jccessors to meet those re- quirements as set out in SECTION FOUR: DESIGN STANDARDS and 8ECT:rOll FIVE: INPROVENENTS of the SUBDIVISION REGULl!7'rONS, C. In the event an impr-ovempnt d.lstrict is c.l'uated by the City (r, .impJ.ement j-nnc::.t::3 rt:;,rrlli rornon"'C" ~<:"' C'"/,J- ...u~ .:.... ror9"'rnTF"\1I.) 1-'::':~~ ."'''i'''~~I~'\J-''~, OIJ(.J SECTION FIVE: INPROVEME:.VTS of the SUBDIVISION l<E:GULll'i'IOilS for those <;tJ:-eetc:: or s"t,~e~ts f"!""n,--:t"i'~q that ~rOI::t of ];:--'0110 ,:;;:.. r)e,<-;r:r.1'be.-7 jn paragy"r::ph No. 1 (~_d1d the neisrhboriny tract of Jani1s" t t,P (lr,'ner or hiD oBsigTJS find .:___~ ...:., 1 __. __ ..__.... ..___,- '-' -,'-.J-J~ , , .i>.......~ .....J..o;::-ot...J.-v',. 2B19 778 2~119 779 D. In the cvent an improvement: district 1.5 created by the City to accomplis'l Ilk inl'<'nt Of SFCTI'.JN ['OUR: D1:.';IG/ '~T/1NDAIU)S und SECTION FIVE: IMrpr)llC!.1f;.'j'!,~ of the SUjJ[lT"TSIOtl REGUJ,ATJO'.'S, the costs acccssah~lc sha 11 V" of dirC'ct Vencfit to that property as dc"'oC1J})I',-] -"In r,l! (V'"n}l No.1 an(! ;:;1---,,-'1 not he) costs that arc dispL Jf:JClrtjOI1c!tc wit-lJ C:U.3ts aCCE '~C:;C1ule tl uLhi..JI l1L'ilrby alH~l like propertil's, F:. Upon eXE.!cution of this DEVEI,OPMENT AGREEMENT by the Ci ty and Owners, the City ",ill waivt' the ()'I,. 'I it/hops for public Jmprovements dS set out in SECTION THREE: PROCEDURE (SuVsL!ction C., Paragraph 5.) of the SUBDIVISION REGULATIONS F, This agre(Oment is executf'd by the Owner pursuant to the SUBDIVISION REGUU1TIONS of the' CITY OF ['1ilEllT RIDGE, J ,';::.;ed, approved and adopted Februilry 7, 1972, ac amended, G. The Parties hereto Clgree thJt 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 wi th the descr.ibed property. This DEVELOPMENT AGREEMENT shall be recorded with the County Clerk and Recorder. IN WITNESSTH WHEREOF, the parties have set their hands and seals on the date first shown. RECOMMENDED BY: \\ Ll~.1'(( " \\ \l~C Y \\A,~, ~--- \' ~ ..(_ ).'7 ( (~ j ~) "I '-.)....- Public Works Department Community Development Department t: ---!-r-f-----~-----J '~ _ t/\ ------- ' City Attorney e,~~{..~,------- 2-. 1>17 c APPROVED AS TO FORM: APPROVED City Administrator EXECU~ED OfVNER: ,~ -, , EXECUTED BY CITY: I~' , , '-.---'" Jy .... (.( }J '1 - \.-L~,-, .,' " ,~ Mayor ~. ,;' {' I' ATTESTED TO BY: n /) .." I' J ~. ,/7. cq" .". , .' V(~ (/t~c.&1.'v{aii._ '.'/'/ - t. "-,J City Clerk ~, " < State of Colorado County of Jefferson ss '(':/~!I'/ , 19~, by Defore me J/I~ Lpis ._//17' ,I; ,/;), , . day of The foregoing instrumccnt vIas executed My cOmrrUsssion expires: .' .., fl'" ,) i..;j V'\l~ , JS i'~T"G:-:jbGj 1.Q ,. lQ7J ---:>0 {AI' ~/ . ~., ~ ' '.- < //.~ { /f r (, Notary Public 2819 779