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Home My WebLink About0142 t> \) ~\I p.O BOX 638 TELEPHONE: 303/237-6944 7500 WEST 29TH AVENUE . WHEAT RIDGE, COLORADO 80033 The City of ~heat <Ridge Iml Recorded: 6/14/88 RECEPTION NO. F0260121 36.00 743 RECORDED IN JEFFERSON COUNTY, COLORADO ~1 PG: 0001-007 6/27/96 13:41 DEVELOPMENT AGREEMENT RELEASE FORM This is to certify that the requirements of the 88057497 Development Agreement recorded as reception No. Jefferson County, Colorado, for the property known and numbered as: 949l West 44th Avenue See Exhibit "A" for legal description - 3.ttached recorded as reception No. 88057497 have been completed. . ~~--.I Mayor ATTEST: '"The Carnation City" r-l ECOI-( DEI) IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 88057497 Of,/"14/80 "10::05 "18.00 r ~ DEVELOPMENT COVENANT / ~ / ~.J.. \ L "- I --../ THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this \\~ day of M~ , 1988, between the City of Wheat Ridge, a t'lunicipal corporatIdn, hereinafter referred to as City, and CUSTOM CRAFT HOMES, hereinafter referred to as Owner, and concerns property located at 9491 West 44th Avenue, Wheat Ridge, Colorado, 80033. \~f WIT N E SSE T H /- 0 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 as: See Exhibit "A" (which property is hereinafter referred to as "the Property"); and WHEREAS, Owner is in the process of preparing plans and specifications for development of the property and is desirous of obtaining a building permit for the improvements; and WHEREAS, curb, gutter, sidewalK and street improvements bordering the Property and neighboring tracts of land are incomplete and/or below those standards as set forth 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 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 Covenant is hereby determined to be proper. NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. The responsibility for providing improvements along the street frontage of the Property, as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by the Owner. 2. The Owner has caused or will be causing certain improvements to be constructed on the Property consisting of building construction and associated on-site improvements. 3. The Property fronts along West 44th Avenue, Holland Street, and West 45th Avenue, all of which have been previously hard-surfaced. Curb, Gutter, Sidewalk and associated street improvements are not in place or are substandard along the Property's Holland Street and West 45th Avenue frontages. 4. In accordance with Section 5-94.1 of the Code of Laws of the City of Wheat Ridge, Colorado, Subsection E, the Department of Public Horks has determined that certain of the publlC improvements need not be immediately installed and that execution of this Development Covenant is appropriate. The Owner agrees to construct necessary improvements, including curb, gutter, sidewalk and associated pave- ment improvements along Holland and West 45th Avenue. The Owner's share of engineering and construction costs will be limited to that required to provide additional pavement width and curb, gutter and sidewalk to meet the City's local street standards. DEVELOPMENT COVENANT RECEPTION NO. 880~1491 PAGE 2 5 . Owner agrees to pay for all public improvements or billings so made within 90 days of ~ritten notice; Owner further agreeing that any amount resulting from his failure to pay for any improvement or billing thus completed shall constitute a lien upon the property above described in the actual amount of the public improvement or billing completed, less any payments by owner, plus interest in the amount unpaid at 10 percent per annum, from the date of final acceptance or billing, plus any costs incurred by the City in collecting same, including court costs and attorney fees. r o . In the event an Improvement District or a Special Improvement District is create by the City to improve or provide those require- ments as set out in the SUBDIVISIOI~ 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. ~ 7. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULATIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. b. This covenant is exe~uted by the Owner pursuant to the SUBDIVISION REGULATIONS of the City of Wheat Ridge. 9. The Parties hereto agree that this DEVELOPMENT COVENANT, by its terms, shall be binding upon the City and the Owner and upon the assigns and succ~ssors thereof; and shall constitute covenants running with the property. 10. The City, in its sole discretion, may require a cash or surety bond to be neld in escrow by the City to secure completion of the public improvements described herein. Such case or surety bond shall be in the sum sufficient to cover the estimated costs of the construction of the public improvement described herein, said estimate to be made at or about the time of the notice described in Paragr~ph 5 above. Any interest accruing on any cash bond shall become the sole property of the City. 11. The DEVELOPMENT COVE~ANT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and shall constitute a con- tinuing covenant running with the land, providing however, that this DEVELOPMENT COVENANT shall be released by the City upon the completion of the public improvements and complete and satisfactory payment by the Owner of all costs and fees associated therewith of the public improvements described herein, which release shall be evidenced bj 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: On and off-site improvements shall be phased in accordance with attached list of required improvements and phasing plan labeled Exhibits "B" and "en. DEVELOPMENT COVENANT PAGE 3 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. R. A. Minetor Director, Public Works Development RECOMMENDED BY: EXECUTED BY CITY: APPR~V('A~17: , ! ( -- '--- JO~ Hayes, Cit Attorney / ATTEST: 3' ,~J~~ Dan Wilde, Mayor 'x EXECUTED BY OWNER: ~>~,~~.-/5c /f d~~T :20< >, j/ - I /7 '/ ~:lU;( Ii j 'i ~; 1.(/~~ / r/ STATE OF COLORADO County of l//t i ss .j t"'"- ,L--'" The foregoing instrument was acknowledged before me this / / :-A day of 7; (' ~" L ,~ / / , 1988, by J.t .I ,It.. (--....: ~' ,C l:- qt..- .---;.( / My Commission Expires: / / , 19 Pl.] / SEAI,,::. L Sf;'. }..... . L" " ' ...',_',...., ',,Ii' \\>'" III' --,) i ~ -4: ~ ,t:- . ) \"- ,,- ) ~ / 7<- Notary Public 7..~ ,~{' n ../ y eX 1', <, l ., /JL ' \\1 L\ ~.- ....'\ . V)i:.... .;'.' n,.. '- RECEPTION NO. 88057497 RECEPTION NO. 88057~97 EXHIBIT "A" A parcel of land located in the NW 1/4 of Section 22, Township Three South, Range 69 West, of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado more precisely described as follows: Beginning at the NW corner of section 22, T3S, R69W, 6th P.M.; thence SOo9'23"E a distance of 2075.64' LO a point on the west line of said section 22; thence S8go58'33"E a distance of 1651.56' to a point near center of W. 44th Ave; thence No056'33"E a distance of 30.54' to the TRUE POINT OF BEGINNING; thence No056'33"E a distance of 410.560' to a point; thence S89010'12~E a disot~nce of 285.340' ~ to the PC of a circular curve to right u.. = 90 00'27", R = 15.00', / T = 15.04', LC = 21.24', and L = 23.60' to the PT; thence S0056'15"Wa distance of 383.900' along the west R.O.W. of Holland St. to the PC of a circular curve to the right, b. = 90034' 31", R = 15.00', T = 15.15', LC = 21.32' and L = 23.71' to the PT; thence N88029'14"W a distance of 285.280' along the North R.O.W. line of W. 44th Ave. to the TRUE POINT OF BEGINNING; containing 2.841 acres more or less. CITY OF WHEAT RIDGE - MEMORANDUM EXHIBIT 'B' TO. Building file/9491 W. 44th Avenue ,."J FROM' ~eredith Reckert RE. Conditions of Issuance RECEPTION NO. 88057497 DATE April 15, 1988 The building permit for 9491 W. 44th Avenue is issued with the understanding by the owner for the phasing of required improvements ~ The improvements are reflected by the attached phasing plan and J subdivision agreement recorded with Jefferson County: The following improvements must be completed prior to the issuance of a Certificate of Occupancy for Phase l' ~ Paving and striping of all drive and parking areas within Phase I. Speed bumps in Phase I. Curb, gutter and walk along the W. 45th Avenue frontage. Installation of full width fire access on W. 45th Avenue. If outside storage is requested, a 6' high screening fence must be constructed. Phase I and II drainage, ie, drainage for entire site 1. 3. 4. 5. 6. The following improvements must be completed prior to the issuance of a Certificate of Occupancy for Phase II' 1. Paving and striping of all drive and parking areas within Phase II. Speed bumps in Phase II. Curb, gutter and sidewalk along the Holland Street frontage. ,., 3. Xj_/2;h ner , elopment ~,-.", ~ . ' WESl 45th AVENUE .~~ - -- - ~- -- N ..... ~. ~.. " 4O;:I>"O."::ll.. 1"'...._ ,..>.I,..... ............ At.,...." "Il........~ , ' ., .~_.-.. ---~- I - - ,... ~ \ \ -.----- \ ~ . --' , , '\ \ ..~ I ~~ , ~. , ' ,p I \t ~" , ~ t I ~ i \ ... \ \ ~... , ! \ .' , ,\ I i.' I \ ,. . \ ' \ . . , ,\'1' / ',' ~ '~~' I .j' t {I' , , IF, " . '. " " r' It I' ,) '.' 11' I,. , \ ~ '\ I.~~~:; ~ \ ~~.. l ,,~ , ....., \ ~ I;' l \' .i ' ~ \ '" ' ~...,- " .0> . < . J , . . , I t. \ : \1 \ ,\ " ~ .. ~ . . ;1 , I ,Il-- \ \ i ", ~~ ., -"' -L,- . ,. '.. . :.. ........ ,. .-~- -- .- .. ., " .. EXHIBll 'C' - - - - - -- - f , )0 __.0 . -----.. .., j\\ '\ \ II -..-'- ----I \ \ \ \ : \ \ \ \ II ~ ~ \ \ ~ , . I \ . ~ ?, I \. . ~I\ (. .\:l " ~ \ "\~ rn!1l- -: . T~.;'\ ~, Of.~_. ;\~ :/'11 .. ~ , \ "'1' . "';l' - \ ~ . A · ~ ~ tl ~ ' r'd \ \ ~\.!- i' \ \~\\ ."l'~A~E n..... \~e/\ - - -1.--,- \ \ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ' \ \ \ r ill)\'. C'\ _.r::'- 'J~" o~ ;'t1 \ \ . - . .- ~ , . . .;, , . . , ~,," ;, \"f':';;'> ,. .' ~'.:,.I r' ~ rr4:J C rU(; ~ -n! p ',1-""1: < . '1 Q t \. r- \J.l \J.l t:' r- (,/) o Z <t ,.l ,.l o :r. \ , L ~!i b\ ~ .q . . t . . . :n , ' 0~ ~ '\.00 Q ,w;,~ l ~ i- - --, \ \ \ L _ _--- -- - J \ \ \ \ I '\ N .,- _._ _ _..J :.~ f.\ ~'.I 1 i"''t.. ,... 1 J .... .,. Ie,;"'" ......~...... -- d. 1t~ I ,H I 1\~11\ WES'T 44th AVENUE '" "'()~')' 7 i. 't 7 RF,CFYTTOl'>\ NO. ",0 .. ltE RECEIPT ff1~ I HECEIVED FROM WHE:",T BEG HAL 1c,c,"Z.~5 ~- ~-- 62868 DATE06/ 1 'dEl8 D6767::l I~:r DIJIC. C.l I I L,L.t.K K END El AL '17. Z:.~:i AMOUNT '.6'1. DO FOR RECORDIND ACCT 1123D-"035 1 ACCOUNT NO ---- - -- HOW PAID I \ BEG BALANCE / tt-.x! 'S CASH IX , I SAl ADJUSTED , ,~ CHECK END 8ALANCE J _'17 .....") ~Rr;M J ByEH JEFFERSON COUNTY CLERK & RECORDER (I";'f-Jf'Y;-' cn~' ('_~?t' I - < it.'~. ~"- :, ,\: ',' Q B", 1;: ,)() 80034 Why' '" ~.:t, C.\.O~A,- -