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RECEPTION NO. F0303316 26.00
230 RECORDED IN JEFFERSON COUNTY, COLORADO
PG: 0001-005
9/19/96 10:28: 19
DEVELOPMENT COVENANT
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THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS
of the City of Wheat Ridge, is entered into this ~ day of August,
1996 between the city of Wheat Ridge, a Municipal Corporation,
hereinafter referred to as City, and U S west, hereinafter referred to
as Owner, and concerns property located at 4980 Tabor street, Wheat
Ridge, Colorado.
WITNESSETH:
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 4980 Tabor Street (by deed), city of Wheat Ridge, County of
Jefferson, State of Colorado, which property is hereinafter referred to
as the "Property"; and
WHEREAS, Owner is in the process of constructing a new residence and
associated improvements and is desirous of obtaining a building permit;
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 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 has caused certain improvements to be constructed on the
Property and associated on-site improvements.
3. The existing improvement of property frontage along 4980 Tabor
Street is below those standards as set forth in the SUBDIVISION
REGULATIONS of the City, and the 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.
4. In accordance with Section 5-45 of the Code of Laws of the City of
Wheat Ridge, Colorado. subsection E, the Department of Public works
has determined that public improvements along 4980 Tabor Street
need not be immediately constructed and that execution of this
Development Covenant is appropriate. The Owner agrees to
participate in engineering and construction costs for the
property I s frontage along 4980 Tabor Street when the street is
brought in accordance with city street standards, or as directed by
the Director of Public Works. The engineering and construction
costs will be limited to those reasonable and necessary to
construct 4980 Tabor Street to current local street standards,
including earthwork, one half street width paving, curb, gutter and
walk, and miscellaneous and incidental items.
DEVELOPMENT COVENANT
Page 2
5.
The Director of Public Works shall give written notice and an ') ~
estimate of costs to the Owner 30 days prior to advertisement of ~
any major improvements to 4980 Tabor street which would affect the
Property and will submit to the Owner a detailed cost breakdown and
billing after Award of the construction contract by city Council.
The detailed cost estimate will include the Owner's portion of the
cost of curb, gutter and sidewalk and associated pavement
improvements and other items listed in Paragraph 4.
6. Upon receipt of the detailed cost estimate or billing, the Owner
hereby agrees to pay to the City, within 45 days, the full amount
of the detailed cost estimate or billing. The Owner also agrees to
pay to the City any extra costs associated with the Public
Improvements to the Property due to variations in estimated
contract quantities or as a result of change orders within 30 days
of written request for payment by the City. The city will pay to
the Owner any overcharges paid to the city by the Owner within 45
days after final acceptance of the Public Improvements.
7. Owner agrees to pay for all public improvements or billings within
45 days of written notice; Owner further agreeing that any amount
resulting from his failure to pay for any improvement or billing
this improvement completed shall constitute a lien upon the
property above described in the actual amount of the public
improvements or billing completed, less any payments made by Owner,
plus interest on the amount unpaid at 10 percent (10%) 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'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 as they
exist at the date of execution of this Covenant, for curb, gutter,
sidewalk related street and drainage improvements, solely relating
to those streets fronting on the property and neighboring tracts of
land, the Owner or his assigns and successors agree not to oppose
its creation, or subsequent reasonable 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 SUBDIVISION
REGULATIONS of the City of Wheat Ridge.
11. The City, in its sole discretion, may require a cash or surety bond
to be held in escrow by the City to secure completion or the public
improvements described herein. Such cash or surety bond shall be
in the 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 5 above. Any interest earned on any escrow funds shall
be the sole property of the City.
12. The DEVELOPMENT COVENANT shall be recorded with the Clerk and
Recorder of Jefferson County, Colorado, and constitute a continuing
covenant running with the land, providing however, that this
DEVELOPMENT AGREEMENT 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 by a signed document attested to by the City Clerk and
bearing the City's seal, which document shall likewise be recorded.
DEVELOPMENT COVENANT
Page 3
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SPECIAL PROVISIONS AND AGREEMENT
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 covenants
running with the property for a period of ten (10) years from the
date of execution by the Owner.
IN WITNESS WHEREOF, the parties have set their hands and seals on date
first shown.
Department
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APPR.ovaD/ AS TO FORK:
City Administrator
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City Attorney
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EXECUTED BY CITY:
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Mayor, City of Wheat Ridge
EXECUTED BY OWNER:
STATE OF COLORADO )
)ss
County of Jefferson)
The foregoing instrument was acknowledged before me this
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Nota y \P~b ic
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SEAL ,see \;~, J,C\\\\ I\(';;.~
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Jeanne E. Richins
Regional Real
Estate Manager
Wireless
U~WEs;r
U S WEST Communications
12121 Grant Street Room 201
Thornton. CO 80241
Phone 303255,6176
Cellular 303818,0486
Pager 303 852,0846
FAX 303255,6158
~: I) Of Nheat Ridge
'>' Clerk's Office
00 W~st 29 h Avenue
bileat "kine rc 802'5
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Deed,
RECORDER'S STAMP
Made this 10th
day of
June
,1976'-
2867
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hetw~en Heweo Investment, rne a Colorado or ti
., c por on
a corpor'ltion duly organizcd and existing Wlder and by virtue of the laws
of the State of Colorado of the first part, and The Mountain
~States Telephone and Telegraph Company, a Colo ado
; corporation
~ a corporation duly organized and existing under and by virtue of the laws
of the state of Co lor ado of the second part;
\VITNESSETH, That the said party of the first part, [or and in consideration of the sum of __________
Ninety-six thousand and no/lOO------------------____________DOLLARS
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereb)'
confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents docs grant, bargain,
.sell, convey and confirm, unto the said party of the second part, its successors and a:Jsigns forever, all the following I I
descriLed or parcd of land, situate, lying and being in the County of Jefferso,*
and State of Coh."\Tado. to-wit i I
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The North 300 feet of the West 290 feet of Lot 22,
LEE~S SUBDIVISION.
~lso known and numbered as 4980 Tabor Street.
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TOGETHER, with all and singular the hereetitamcnts and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and rema.inders, rents, issues and profits thereof; 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 hargaint'd premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises abo,'e bargained anet described, with the appurtenances unto the
said party of the second part, its successors and assigns forever And the said Heweo I nvestmen t, I nc .
a Colorado corporation
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party of the first part, for itself, its successors and assib'Tls, doth covenant, grant, bargain and agree to and with the
said party of the second part, its successors and assigns, that at the time of the enscaling and delivery of these pres,
ents it is well seized of the prenlises above conveyed, as of good, sure, perfect, ab:'IJolute and indefeasible estate of
inheritance, in law, in fee simple, and hath good right, full power and lawful authority to grant, bargain, sell and
conyey the same in manner and form aforesaid, and that the same are free and clear from all former and other I
grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; except all! 1976
assessments and all subsequent taxes and assessments; and except De d of
the use Of DeDyer,United Sta9tes National Bank.dated Febr~ary 8L 196 and
February 19, 19b~ 1n Bogk 19 8 qt Page 704, Wh~Ch party of the secon par
assume and to pay the alanee due as of 6-10- 0 and ahy advances tOl p~rt
eonct part made thereunder subsequent to 6-l0-7 .
and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its suc'
Ges~ors and assigns ....gainst all and every person or persons lawfully claiming or to claim the whole or any part
'- :th~~ej'k the said party of the first part shall and will WARRANT AND FOREVER DEFEND
I~liVITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub,
"scribed b"y its president, and its corporate seal to be hereWlto affixed, attested by its
secretary, ~e day and year first above written.
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Attest '_"
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Heweo Inv~,l?,!,~~,~~__J.m..r..~.~,:__L__,8:m',<:;()}<:>,J:'ado 11 .
HUH By~_,,, _"~'_\~~~~~,I)Or~' tlOr.
Secretary PTMldent. I
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Hewco Investment, Inc., a Colorado :<l corporation :
, , My notarial coounission expires August 12, 197~8 !
, , Witness my hand and of~~; I I
'4~/0'4uuu__ :YlL'.X,' mu --~~:1;fiiJ~j .
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STATE OF COLORADO,
C ~t:yu__a.:,g,(L,.._____Coullty oLuP.~n,y,~J:',u
The foregoing instrW11ent was acknowledged
;976 ,bY,Chii'r1-es R. Herbison
R. Vernon Edgar
Jss.
before me this
15th
dayo!
June
as
President and
Secretary o[
as
No. 767 . WARRANTY DEED-(:orporatlon to Corporation-Bradford Publt.b.1.n.a Co.. 1824-46 Stout Street, Denver, Colorado -8-74
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RECEPTION NO. F0202258 15.00
210 RECORDED IN JEFFERSON COUNTY, COLORADO
PG: 0001-001
3/18/96 12:50
W >\RRA yn DEED
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thl' n.:c~ipt and suffici~ncv 01 whi\"~h i-.; bi.:J"L'h\ ad,-lll'\\kd~L'(l jj~J."" ~r~ll1ted. l)ar;.',J]!1l'...!. ,,(illl ,llld L' 'Ii L'\ leI. ;llld h\ till ~l I']\"",.'lll
does ~rant. bart!uin. sdl. l..'(JIl\'l'\ (lnd C\lnJIJ'Ill. unit' tilL' :'-LlllkL' Ill."; Iw.ir.... ,Illd ,l....S1;.'1l," Illll\LT ,1Ilthl.- Il,lljl!'L111I...T[\ 1(\~'l.thlT \\j[ll
improvement..;. if a11\ sitllatl.:. !ywg and heill~]1l thl un'::y It J'2tters ]' ,illd '-;Lil.... Iii (llhlLldlJ
de:;crihed as follows:
Lot 16 and the South fiv~ ~ee. L_
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hereditamellts and dj1j1Ui"tl'n..!11Cl".
TO HA\EAND TO HOLD dh ;~lId Il]"L'IlI1~l',"'; ;11-'1 .... h;lJ~<lII\I.J ,llld dL"L'I"llwd \\I',ll Ill, q\I'lllkll,lllll. \:11\'> Illl. ,--'r:IIIll.'l. III
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dt-J"l:L tt> i.lIld \'lith the gl'alllel:. his heir,'> i.llld i.l-;,"';I,~IlS. lhi.ll .1l1hL tlllll' (d tilL .....lhL;illll~ ~llld ,kl1 ,,-,:" ,1111\..,,-- 111'-.;....'11\'- h.... I, ,\l.ll
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dS ~lI()rt.'s<lld. ~Jlld that the Sallll: arc !ree <I]1l1 ..:l\..';lr Inllll i.dll\Il"Illl:r dJ1d \)\h.....1 ~rdJII, I):II'--'~'I:\ ,,,!\.., ih.,I. 1,1\1..."'; .1,'>....,'>~III\...IJl
L'1l":L1mhr<JTH:es ~lIld rcstriL'liolls ()! \'lIJ~j(l:\'l:r kind ')1' lldllll\' SllL'\'':1" except for taxes for thl' t'IIITl'nl H'ar ;1 lil'll hilt not \'et dill'
or pa\:Jhlc, casements, restrictions, rescrvations, covcnants and rights-of-WH\' of rl'cord, if ;111\,
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IN \VrTNESS \,VHERFOF lh...., ~r;l!lt(ll tli.l~ <"':\l.'l'lltl,-llhl"'; lkull!l1lhl d~ltl' ;1.'111'1111 Ihll\....
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MYRON DEAN BRIGGS AS ATTORNEY IN FACT
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