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HomeMy WebLinkAbout0105 810297sn I" I h__ .'1 I ) Li \\ 2. "I f: I \. I I ~; I' {J \0' DEVELOPMENT AGREEr.lEN'r '['HIS DEVELOPlvlENT AGREEMENT, as authorized by the SUBDIVISION REGULATIONS of the CITY OF WHEAT RI8GE, is entered into this 26th day of 'larch , 1981, between the City of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and clidlael B. and Nary R, ['tlllv hereinafter referred to as Owner, and concerns property located at 3580 'loore Court, Hheat Rid:;c, Colorado /? \ WIT N E SSE T H . WHEREAS, Owner 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 WHEREAS, Owner desires to develop the Property but has not been issued a Building Permit as of Narch 26, 1981 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 SUBDIVISION REGULATIONS of the City; and WHEREAS, to be uniform and consistent with the existing neighboring improvements, theccmpletion or non-completion of those improvements as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting the Property and the neighboring tracts of land; and WHEREAS, 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. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for meeting, conforming to and providing those requirements as set out in the SUBDIVISION REGULATIONS of the Cit~ is hereby recognized by Owner. 2. The Director of Public ~~orks, upon the direction of the I-Iayor 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 REGULnTIONS 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 ,vi thin .fi:::r.:~ 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 employees or through agents, contractors, or sub- contractors, and to complete the public improvements described o I 029 7 8 0 Co herein, said completion to be accomplished at Owner's sole expense. ~ Owner agrees to pay for all improvements so made within 30 days of the date of completion, Owner further agreeing that any amount resulting from his failure to pay for any improvement thus completed shall constitute a lien upon the Property above described in the actual amount of the public improvements completed, less any pay- ments made by Owner, plus interest on the amount unpaid at 10 percent per annum from the date of completion, plus any costs incurred by the City in collecting same; including court costs and attorney's fees. 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 sum sufficient to cover the estimated costs of the 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 may, 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: Owners shall install curb, gutters, sidewalks, and street im~rovements. - 2 - 81029780 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. ~ RECOMMENDED BY: , )>'.(! ,,1- I Publio/Works / I /-11 Depq!rtment d._ artment APPROVED AS TO FORM: " ") ~rr:' ~ /1 /-/ . ~ / / I, . \ t/ 0,/tpcJ2. ,__ City Administrator City Attorney EXECUTED BY OWNER: EXECUTED BY CITY: j--/,l ;- (- \' \__ ~~V L /." ~ ,) /I//!I(,) , to>{ I (I ~ , I , , . ~ (I , ~. / // - I /,,-.,L'/ " - - ----- ./ 1~ d / /1J? ./1 , il I L. ATTESTED TO BY: Cdz//F v--i/h7' "p City Clerk L ./ STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was executed before me this /.1 , day / ell ( l , of , ' /!//Z/l ,1981, b!, ./J'.,'/I/-'L C ~'). V //'/';'1'/ )'" Yir :,-,UlliiTlls~lnj') l(:'I~~~I"fle:: f~I'!Y!~'1' Qi 1(V,- My commission expires: , , I' 1/ . ~ --< " 6, !~"- ~ d ,f . Notary "Pub11C "/ /"" /C;;/ r r .' . i ~ 1-\ \;......\ '..... - 3 - To Tom Palmer, City Admin, From Works . CITY OF WHEAT RIDGE - Subject Development A~reement Date April 8, 1981 Approved Date Attached here\vi th is a development agreement for ~Uchael B. and Nary R. Tully \olho reside at 3580 Hoore Court. The agreement is for the installation of curb, ::;utter, side\>JRlks, and street improvements, The reason He hRve had these people sign a development Rgreement is that there Rre no im~rovements of this nature in the area currently, ROY:vab Au, ~ c:> " , , '-. , ---, J L;l ..,., . r 1 - " i_J ~- r , 7 c r, c r r / l ~ .... -' \- L'-"'j Tln:n, Ilarte thiA 25thd,yor October .~\ 'i.:; \'.. ZYDII: A..,\;D LUCILL L. ZYDIK ,19 79, y\ R~c~_ __ _ --- - ---- rl I1LING STi' " I; I' 11 R""orded at.. .o'elocl<. M., p"ece.l'l\<Jn No Trn' ,r die- CtdOr8rl' County {Jf Jc7 _- I.. y:": ,--"'-- line StAtE: of ,j- f r rart, and Ii II , :HCi":.~~ Co. :'~~LLY A.c'lD HARY R.TrL_Y t Grant,,~'" Address:6017 \~est 32nd Ave. Hheat Ridge, C , :~ '" the County of Jefferson and Statp of d r"lorado, of ! he Ee,ond part ~ V. ITNFS.<;F.TII, that the &Aid party of the first part. for nnrt in conAideration of the sum of 11 TWENTY THOUSAND AND NO/IOOTHS-------------------------------------- DOLLARS ~ :1~:(llIliH'r good alld vnlunblp rnn~;d('rntions to the said pa.rty of thp fin:jt part in hand pnid by lh~ Raid parties or the &;- sprOlld paft, thf'- n~ejpt WhpfPO! i9 hprphy conft"As~d a.nd arknowlMl{ed, hu granted, bargained, Bold and t"'or'l\'f\YM, and hy thp5C prpc;;f-'nts dop" grant, hargain, .ell, convpy and con!inn unto the !laid parties of Becond P&rt, thp.ir hpi.tnJnd DS!liJ{ns fon'vpr, not in tpnanC'y in common hut in joint tenancy. all thp followinR deRrrih~ Jot or po rt"e I of land. Flituate, lying and l.pillg' in the County of Jefferson and State of ColorAdo, to \\lit Lot 6, Block 1, ROLLING HILLS, Jefferson County, Colorado. The Plat of which is recorded in Plat Book 13 at Page 41. Also known and numbered as: 3580 Moore Court TOGETHER with all and singular the hereditaments and appurtenance. thereunto belonging, or in anywi.e appertaining and the reversion and reversions. remainder and remainders. rents, issue. and profits thereof. and all the e.tAte. right. titIe, intereAt. claim and demand ,,'hat.oever of the &aid party of the ftrat part, either in law 0' equity, of, in and to the above bargained premise., with the hereditamenb and appurtenance.. TO IIA VE AND TO HOLD the .aid premises above bargained and dellC ribed , with the appurtenance.. unto the said partie. of the second part, their beir. and assign. forever And the aaid party of the flrat part, for him.df, hi. hein, executors, and administrator., doe. covenant, grant, bargain and agree to and with the .aid partie. of the .econd part, their heir8 and a.signs, thet at the time of the en.ealing and delivery of tbese presents, h. i. "'ell .eized of the premise. above conveyed, all of good. sure, perfect, absolute and inde!eaaible e.atAte of inheritance, in law, in fe. .imple. and hu good right, full power and lawful authority to grant, bargain, .ell and convey the aame in manner and form &toresaid, and that tbe 8ame are free and clesr from all former and other grants. bargains, sale.. lien., taxes, assessments and encumbrances of whatc:ver kind or nL.ture ~oe\'('r. except taxes and assessments due and payable subsequent to the date hereof, and easements, restrictions and covenants of record, if any. and the ahove bargained prem!..s in the quiet and p"""eable pOS.'ORion or the .aid parties of the .econd part, the .urvivor of them. their 1l8.llrTl& and the hei!'1l and 1l88igns of such aurvivor, against all and every person or perROM lawfUlly claiming or to claim the whole or any pnrt thereof, the said party of the first part shall and ",ill W ARRA NT AND FOREVER DEFEND, The .ingular number .hall Include the plul'1ll. the plural the singular. and the use of any ...nder shall be applicable to all genders, IN WITNESS WHF.REOF the said party of the fiTBt part hu hereunto Bet hiB hand and Beal the day .."d y"m fIr.t above written, SIJrned, Sealed and Delivered in the Presenoe of /" yri,::, x)B.N W. ZYDIK r , ~ [I, /l/~L:~ .~ I<;EA::: [St.A!.] STATE OF COLORADO 25th da y or October . 1979 ' My Commlulon explr.. j.,y CommISSIon EXp,rL:S ':;Ci. 74 'i9b~ . t-t' 1 ~ ~itne.~~;nd al'd:~c,ial ..al. I -j -. ~o~r,- Put-lIe , I, DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING INSPECTION DIVISION CITY OF WHEAT RIDGE I COLD, TH'.S PERMIT \lAUD ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND THE MAYOR - CALL 24 HOURS PRIUR TO I~JSP::CTION -_.._--_.-._-'_._~---~- TWO SETS OF BUI:..DING PLANS MID TWO PLOT PLANS MUST ACCOMPM,Y THiS APPLICATION BUSINESS NAME (:.(Cl>i,7[::i0Ci// C,/..::r(!I1, ~ ADDRESS (-il' ';(' s.~. kl/V, )FI~,H '-I'-r COry Or DEED AND IM?ROVEMt:NT SURVEY REQUIRED 7500 V\!f5T 29th AVENUE 2:'7-6944 EXT 255 POBOX 638 PERMIT NO Jli-,,- CTt1h..' [CI2(.' r31 L-,_ u REAR PROPERTY LINE I , 3(.. c ' I ----- j I ql- I 1- ____.-I 2~ w z ::i >- ..... 0:: W a. o 0:: a. w <:> u; N + "'(8 ' I fRO/'lJ PROPERTY LINE STREET NAME ;VI,: c /~c (: C..~ofl_"- (CIRCLE fRONT) N E S(~) SHOW DISTANCES fROM THE MAIN BUILDING TO ADJOINING HOUSES, STREETS, AND PROPERTY LINES ON ABOVE SKETCH; SHOW LEAST DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE. OWNERS NAM~V;~(IM3_~..)<' ~:a;} fl-l LLJ LEGAL DESCRIPTION CONTRACTOR P '/7C1!.5t 00 1-- TA-Llc. N. 7g,;~ V METES AND BOUNDS DESCRIPTION ATTACHED ADDREssL.(.'~(1 c;.~J'Ju.)i2l/Yne'Ll? PHONE 79S"-,lS'I<./ ADDRESS .35-';0 me/if'/.:..<:= C:" CITY it m_PT~,,~ ZIP CODE .'5'c / L c.' LOT NO. ~ BLOCK NO LOT WIDTH ([i S- DEPTH / I C AREA / /55"1("' d1 SUBDIVISION I CL L/f':" f(-,LL"5 fiLING INDICATE THOSE OF THE FOLLOWING OfF'SITE IMPROVEMENTS NOW EXISTING' Curb a Gutter_Street f'avingLwater L Sewer LSlorm Drainoge_ HAVE ARRANGEMENTS BEEN MADE TO PROVIDE FOR THOSE NOT NOW EXISTING' YE~NO~ ARE THERE ANY SPECIAL ASSESSMENTS AGAINST THIS PROPERTY YES_Nq....t:::. w ~ ...J >- ..... 0:: w. a. o a: a. w o Vi .r- SPECIFY NORTH I OCCUPANCY SI/t~C;L E rA/J1 /? E.s:.i .J> l:: ~C ~EXTER'OR MATERIALS WALLS Ft. /J.I~ r=; ROOF P';t/fiY.-r STORIES 2- UNITS i REMARKS OWNER / CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT PERMIT FEE USE TAX TOTAL FEE $ NOT VALID UNLESS RECEiPTED I hereby certily that the above setback distances shown on this permit application ore accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Rijge or covenants, easements or restrictions of r6- cord; that 011 measurements shown, and allegations made are accurate; that I hC\l8 read and agree to abide by 011 conditions printed on this apPlicOIf";Zon, a1rQ thot I 0;;[5SUI1).." lull responsibility for co:nplionce with the Wheat R Idgo Beddmg Code (U BC) and 011 oH'er applica Ie Wheal Ri ,0 irdi;nonces1 lor WI7!.rku under this permit / I. '/'" ,. ( ') . _" \OViNER)\CONfRACTOR) SIGNE." tJ.Y'_ r/J ~d 'c ,.,j,--" ,",-,.'/ DATE .-, '/2 ,) I BUILDING DEPARTMENT USt:. ONLY COST SQ.FT THE PROPERTY LOCATED AT :::),5 -9 0 A fc'(' lYe (I j IS PRESENTLY ZONED f<, '2 - cf L (/, <::':3 - I? . ',') I THE PROPOSED~E L~..~ I: NO:) ~LLOWE~ UN.'OER 'f~E.ZONI~G ORO;NANCE. COMMENTS' liMn ',in.c.t -IYu~:> ,"'r.ll '-;'(-',-\., ..... BASEMENT - ROUGH BASEMENT - FINISHEO GROUND FLOOR SECOND FLOOR GARAGE OTHER OTHER ELECTRICAL PERMIT STATE NO CITY NO. PLANS REVIEWED_ (_OK)(_NOT OK) NO PLANS NEEDED__ PLANS NEEDED PRIOR TO ISSUANCE OF ELECTRICAL PERMIT__ PERMIT ISSUED TO PER REQUEST AS PER PLANS NO AS APPROVED AND ON FILE IN MY OFFICE DO N01 ISSUE PERMIT UNTIL CLEARED BY CHIEF BUILDING INSPECTOR DATE CLEARED __ BY ----~ UII(F BUILDING INSPECTOR BY ___ BUILDING COST $ PLUMBING PERM IT STATE NO. PLANS REVIEWED NO PLANS NEEDED PLANS NEEDED PRIOR TO ISSUANCE OF PLUMBING PERMIT CITY NO. (_OK)(_NOT OK) MECHANICAL PERMIT CITY NO. PLANS REVIEWED__(_OK)(_NOT OK} NO PLANS NEEDED PLANS NEEDED PRIOR TO ISSUANCE OF MECHANICAL PERMIT__ PERMIT ISSUED TO ~ PER REQUEST AS PER PLANS NO __._ AS APPROVED AND 0:, FILE IN MY OFFlrE DO NOT ISSUE PERMIT UNTIL CLEARED BY CHIEF BUILDING INSPECTOR PERMIT ISSUED TO PER REQUEST AS PER PLANS NO AS APPROVED AND ON FILE IN MY OFFICE DO NOT ISSUE PERMIT UNTIL CLEARED BY CHIEF BUILDING INSPECTOR DATE CLEARED BY CHIEF BUILDING INSPECTOR I .J DATE BY DATE _~f-DATE CLEARED. . BYc=-~.====- BY CHIEF BUILDING INSPECTOR I DATE_____~~ - ---- I --_._-----~- ..- "_._'--"--_.'~--"-- CONDITIONS' (I) THIS PE:.RM!T WAS ISSUED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN YOUR APPLICATION AND IS SUaJECT TO THE LAWS OF THE STATl or COLCRADO AND TO THE ZONING REGULATIONS AND BUILDING CODE OF WHEAT RIDGE, COLORADO OR ANY OTHER APPLICABLE ORDINANCES OF THE (,\T,\ (2) THIS PERMIT SHAl.-L EXPIRE IF (A) THE WORK AUTHORIZED IS NOT COMMENCED WiTHIN SIXTY (60) DAYS f RUM ISSUE DATE OR (B) THt. Al!It[J[r~G AUTHUnl.d-.[l IS SUSPENDED OR ABANDONED FOR A PE RICO OF' 120 DAYS ("3) If hilS PERM1T EXPIRES, A NEW PERMIT MAY BF. ACQUIRED FOR A FEE OF ONE-HALF THE AMOUNT NOR~,jALLY REQUIRED1 PROVIDED NO CHANGeS HAVE BEEN Ort WI~L BE MADE IN THE ORIGINAL PLANS AND SPECIFICATIONS AND ANY SUSPENSION OR ABANCJONMENT HAS NOT EXCEEDED ONE (I) YEAR. IF CHANG!::S ARF MADE OR IF SUS?[16\ON OR ABA.NDONM'C.tH EXCEE.DS ONE. (l)'fEAR, FU\....L FEES SHALL BE PAID FOR A N~W PERMIT (4) NO WORK or. ANY MMm~R SHALL BE DONE THAT WILL OBSTRUCT THE NATURAL FLOW OF WATER CAUSt~G /1, DRAINAGE t>fWl3LEM {5} CONTRACTOR SHALL NOTIFY HiE BU\U}ING \NSPECTOR TWEN"I'I'-FOUR (24) HOURS IN ADVANCE FOR AL\.... II'\:;PECTlONS AND SHALL RECE:IVE WRITTEN tli~'f/OV:~L r,N INSPECTION CAHD tit-FORE PROCE.1:.0ING WITH SUCCESSIVE PHASES OF IH~ JOB -~~--~--~---~~ APPROVED DISAPPROVED CHIEF BUILDING INSPECTOR FOR MAYOR