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RECEPTION NO. 92069128
6/10/92 R,30 15.~0
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION
REGULATIONS of the City of Wheat Ridge, is entered into this 13TH
day of MAY, 1992 ,between the City of Wheat Ridge, a Munici-
pal Corporation, hereinafter referred to as City, and R.F. MILLI-
GAN hereinafter referred to as Owner, and concerns property
located at 3511 MOORE COURT, Wheat Ridge, Colorado 80033.
DEVELOPMENT COVENANT
WITNESSETH:
-3
WHEREAS, Owner is the titled Owner of property located at 3511
MOORE COURT, City of Wheat Ridge, County of Jefferson, state of
Colorado, (which property is hereinafter referred to as "the
Property"); and
WHEREAS, Owner has requested a STREET CUT PERMIT to construct a
concrete driveway apron in the Moore Court right of way; 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, 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 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 is reconstructing a concrete driveway slab from
his garag~ to the Moore Court right of way line and desires to
construct a concrete apron in the existing Moore Court right of
way to the existing edge of street asphalt. Construction of
driveway aprons utilizing concrete in the public right of way is
in nonconformance with established City policies and procedures.
3. The Owner is petitioning the city to allow placement of the
nonconforming concrete driveway apron in the Moore Court right of
way.
4. The city has an ongoing program of improvements and
maintenance operations on Local Streets. In the program, streets
in residential areas are receiving improvements including curb,
gutter, sidewalk, street widening and drainage improvements.
5. In the event removal of the nonconforming portion of the
driveway is necessitated by maintenance or street improvement
operations, the Owner agrees that he will be solely responsible
for any costs associated with removal and replacement of the
portion of the driveway in the right of way.
6. The Director of Public Works will endeavor to give 14 DAYS
notice of any maintenance or construction operations which would
involve the nonconforming portion of the driveway apron to allow
the Owner time to effect removal. In the event the Owner does
not remove the driveway or time is of the essence, the City may
elect to perform such removal with city forces. The Director of
Public Works will then prepare and submit to the Owner a detailed
billing of costs associated with the removal and submit same to
the Owner for payment.
'"
Development Covenant
R.F. & Thelma Milligan
Page 2
7. Owner agrees to pay for all costs associated with removal of
the nonconforming driveway apron within 30 days of written no-
tice; Owner further agreeing that any amount resulting from his
failure to pay for any improvement thus completed shall consti-
tute a lien upon the property above described in the actual
amount of the costs associated with removal of the nonconforming
driveway apron, less any payments made by Owner, plus interest on '7
the amount unpaid at 10 percent (10%) per annum from the date of cA
completion, plus any costs incurred by the city in collecting
same, including court costs and attorney's fees.
8. 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
no~ to oppose its creation, or subsequent assessment of the costs
to the property.
9. In the event an Improvement District is created by the City to
provide the improvements as provided by the SUBDIVISION REGULA-
TIONS, the costs assessed against the property shall not be
disproportionate with costs assessed to other nearby and like
properties.
10. This COVENANT is executed by the Owner pursuant to the SUBDI-
VISION REGULATIONS of the City of Wheat Ridge.
11. 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 successors thereof; and shall constitute cove-
nants running with the property.
12. The city, in its so::'e discre.tion, may require a each or
surety bond to be held in escrow by the City to secure completion
or the public improvements describ~d herein. Such cash or surety
bond shall be in the sum sufficient to cover the estimated costs
of the construction of thf! publ ic improvements described herein,
said estimate to be made at or about the time of the notice
described in Paragraph 5 above. Any interest earned on any
escrow funds shall be the sole property of the City.
13. The DEVELOPMENT COVENANT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and shall constitute a
continuing 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 ~nd fees associat-
ed therewith 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 PROVlSIO~S AND COVENANT
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RECEPTION NO. 92069128
, .r. ~~lfj,,'l
Development Covenant
R.F. & Thelma Milligan
Page 3
IN WITNESS WHEREOF, the parties have set their hands and seals on
date first shown.
t?tu~w'e~{ t . -
Pub 1 c Works D partment
ommunity Development
Department
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RECOMMENDED BY:
APPw=~
Ci71 Attorney ,
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EXECUTED BY CITY:
ATTEST:
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EXECUTED BY OWNER:
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STATE OF COLORADO )
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county of Jefferson)
The foregoing instrument was acknowledged before me this i day
of /'-<"/ 19'7,iby,tfci'l,lC,C?"
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My commission expires:
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Notary PublId
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RECEPTION NO. 92069128