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HomeMy WebLinkAbout0109 -'- gj060G:,C}O 8 I 0 60S' II I:'"'lrl I P L,' I, 10 :\IL.;:~L. ~ \tl tJ4 ,/fo~ \" J THIS DEVELOPMENT AGREEMENT, as authorized by the SUBDIVISION 1 REGULATIONS of the CITY OF WHEAT RIDGE, is entered into this 19 / day of June , 1981, between the City of Wheat Ridge, a - Municipal Corporation, hereinafter referred to as City, and Dennis R. and Joyce L. Salling , hereinafter referred to as Owner, and concerns property located at Lot 22 , Yousse Suhdivision amended, 8888 W, 37 Place , County of jcricr "~:1 State ot,C~ DEVELOPMENT AGREEMENT 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 June 19, 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, the completion 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 'chose 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 Works, upon the direction of the Mayor 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 REGULATIONS 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 within 60 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 8 I 0 6 0 69 8) ~ 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: (),vners shall ins tall curb, gut ter, and s ideHalk at 8888 H. 37 Place, Lot 22, Yousse Subdivision, - 2 - 8 \ 0606'8' IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. 3 RECOHMENDED BY: "1 .....,. ... ,).- - City Attorney r 1 - /J tfJLU(~~ K~~ f~~City Administrator ~XECUTED BY OWNER: EXECUTED BY CITY: (--- ~ e.dLl~IA:J.. -! _ d; c iUd- ~~ i'e-'-~-"-;;- Mayor, . /" ~- i::.. / ~ --,I.~~ .- / z... <.1-. /~ '-~ Crty of Wheat Ri ge /, . -~.. = -/'/'" ATTESTED TO BY: STATE OF COLORADO ) ) SSe COUNTY OF JEFFERSON ) I, of ( ,k--7'-'''- /I' /' , 1981, by 1~:7"~." ,c -j. /''::) '/ My Commfssfon rv~I..< lo",.."" ll, 19S~ .J ~ day .dt$. r! t!~.- :-'1 The foregoing instrument was executed before me this ,K' My commission expires: -'1 "' - -? , r"! .~~ ~ .,......, 'i/", N~~r1p~bii-;; [1 I~n.~ ..... ~ ~ ~ !>~-- ~ ~-I "'.... ,.~ "0, :~~.> "',:;\~ - 3 - ;f"lE.F-l-~ONE BE 3-\0\6 27. 1!)rrbrrt 1K. iCinn REGISTERED ENGINEER REGISTERED LAND SURVEYOR :CCVC','RER 17, 1965 '~T4 LI~JE or tiECT10~; TOI"fJ':;H 10 :; SOUTH, o SET t') 1,:', PE- :-- z C I- o "J UJ ... c r: r: 111 la, I- Ie c:: IC\, :1 oJ' 1-1 .. I <:: I wi I fl '2 w I I- ... o !r IJ I- C:: :3 FOUND C' I- PIPE: ~I ~I 1-1 61 <'.:1 Snl PIPE \ \ ~ \ i w \ z \ \ ,J ,I ;; ~ '12 ~:1~ \ . 8f."C;E t? ;';CST ''''EST 3~TH I veNUE 1041 SET PIPE EAST 227.56 F.EET TO ESTES ST REET 1041 FOUN ..::t c' o C\J PIPE ','IE:ST 37TH PL/,Ce: / .,- SET , 16.51 FOUND e w e z w .:r ~ o ~ t? > o lD ::> CJ) w Ul (J) ::> ;) :.-- I- o ...J o tr\ -;:: ~ ';. j- c/ ~'~yrfJ~~ ~ ~oi/ ~ ~ ff1l; v ,I I, il 5-EOOT UTILITY EASE~ENT ~~ ~ \1 . t.. ~I ,- \ ('; <:: '-'1 i\ J.,' I I- II i ~ I@: t... I~J f-\h l-IW '1<; ;; . W !..J I <? \ <t ~ l,w r:1> !I- t.. ;1- e J e w o z w <t z o c..j > o co ::> C/) C\J C\J I- o ...J SET PIPE: o w o z w '" <t I I I I I 1-1 ~l c iSl II) ::> CJ) w OJ Ul ::> c >- ..::t I- o ...J ~l ~ I C\J ~I o Ll 2 c "' <:: J t.. o I- o 4: a: I- <:: :r I- :> C:: W ,I I- W l> C. I- o '-' << c:: o J o () > !:: ::> c () 4 o Ul C:: W t.. t.. 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COLORADO B0214 G<:RT I> ICATE i (;000-li7 ONE INCH EQUALS 40 FEET > w > IT :;) to c <:: t) L'J > 4: C l- e:: c a. o z cj ~ ~ > J cr l- e z <:: > J W I- ~ ::> t) o <:: l- t.: 5 co l- t? :;: z Z ...J l- ll: W II) cr w :r > ro t? :r l- I- <. :r I- > U. L C (~ l- t.: t.: I- > o co ::> c:: <L W :r t.: I- -, l- e: w t.: o :z ::> t': <!. <. I- '" ~ :;) < .-....(j; z c ;::' CJ :r h G c - !.,::" c ... '- > ". L C ~ ... o I- < '". ; ... <- J r.. o w o c: c (j w c: w ~ I- C l- I- e,;; l..! -, C' ::> to c: (! Q u I- " t.: o :;: C' Ll c ;' >. t., > o IT ::> C'l l- I! C .... I- "1 = > <. t .... o 1 t: to c: x w <r. < t? e: w Z I! C o '" (f; <!, ::> e >- z C' Z C C\J C\J l- e .J :: <: ((I J J <. o z <:: C' I- CL <:: ./ \ ~ tl T- 08 I Tms DEED, Made this 4th <!ay of June between GLENDON L. AIJ.RED' and IVA W. ALLRED o . 00 00 >'0 <:: ('j I-< .!:: 0 +'r-i mo ~u ;::0<;\ 'P :o"l c;\ l{) :> :xlI-< ~~ '--,-- , .....__..h........h.................,..-~ ,U80, FILING STAMP of the County of Colorado, of the first part, and Jefferson J) and State of I /.' ,,) I] ! DEmJIS R. SALLING and JOYCE L. SALLING of the County of Jefferson Colorado, of the second part: and State of WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN-.- - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - -DOLLARS -:-' nd other good and valuable considerations to the said party of the first part in hand paid by the said parties of the J' econd part, the receipt whereof is hereby confessed a.,d acknowledged, has granted, bargnined, sold nnd conveyed, . Llld by these presents docs grant, bnrgain, sell, convey and confirm unto the said partieJl of second part, their Co I eirs and llSsigns forever, not in tenancy in common but in joint tenancy, all the following described lot or ~m ' parcel of land, situate, lying and being in the County of Jefferson and State (1) . \ I ~f Colorado, to wit: 8: \ i LOT 22, YOUSSE SUBDIVISION JUoIENDED o. ;:::l\~ i ::)-; 1 '"? Q) . ~ a ') 0 QJ-- Q) ""' f< ~t @ ..{ .~ ()I-, ''lV TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits the~eof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO llA VE AND TO HOLD the said premises above bargained and described, with the appurtenanc3s, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himseif, his heirs, executors, and administrators, does. covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enseaiing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form nforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except taxes for the calendar vec.r 19$0 and subsequent y 3ars, and subject to all easements and rights of ,<ray, Restrictions, and Protective Covenants, of record, and including easements and rights-oi-way appurtenant thereto, of record, and the above bargained premises in the quiet and peaceable possession of the said pa~tie8 of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any "ender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has h{!re to set his hand and seal the day and year first above written, J/t { f . I l' d' h P f 1 ,~,,: ~I J q;J-.... .; ,f7tQQ,)'ot,. (SE\I] S'f,'Iled, Sea ed and Dc ,vere III t e rcscncc 0 ....:.....,... ...........v.~'k:4j..,.':\: "',..\)c.................. ,1. . ...::.- ..... I ~~~~~:~~::~-_::::~: \.lllt'I., : rr -'(STATE OF COLORADO !~; ~~. (' . ~ ..... t; , , /,_.,. ......". County of Jefferson ThD foregoing ;nstl1Jrnent Was acknowledged uefore me this 4th .. -'-, , 'II:' h. tGlendQD.L. !Ulred and Iva H. A.llred . /1 , /0.2 I\ly Commi,ssiou ,~:,<pir('s ~; I~ , - 1ss. J day of June ,1980 , / ),,,c/w, h d d ff" 1 1 , 19 ( /. ~ness my an an o. lCW.. sea. ....../._./:.~,.._.::>.:.~.,...~. / .._::':::.:.:/...._.(:..- '-on - /- Notary J'uLlic , .\ No. 921A. WARRANTY' DEED.-To Joint T~nnlttJl. -DrnJ.tord Publiahin5i:' Co., 1824-4G Stout Slreet. Denver, Colorado - G.";'.! -If by nnlunU pernon or vernon!! here inncrt name or nnmC'6: it' by t'creOD 8ctlns: in rep~cntntlve or o1'tidnl c.n.pac.~ 01"1 M ~tlorn">..irr~c~ . ! rson as eJC.ccutor. nttorncy~in-!act or other c;1oncity or defSerlption: it by ol!iccr or c:orpornlt~:m. eu nac ne.tne Q ~~Cf ~~~cl~~rrtoUi:~~ n:~he p~idcnt or other officers of !luch corpomtion. namlDe' it. Sttl.tutory Acknowledgment, See. 118.(;-1 Colorado Rc\l5cJ S:.n.tuv-s 1963. CITY OF WHEAT RIDGE - MEMORANDUM ~' \;---;~ } "" I iLJ/ To Subject Approved Tom Palmer, City Admin, From Rodger O. Young, Dir" P. H. Development Agreement Dam June 22, 1981 8888 H, 37 Place Date Attached is a development agreement for the above-mentioned property that needs to be executed. The purpose of this agreement is that no curb and gutter currently exists in the area. ROY:vab Att,