HomeMy WebLinkAbout24-101 Accepting the Dedication of Utility Easement from Quicktrip Corp to the FDP Store No 4279 10-23-2024RESOLUTION NO, 24-101
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, ACCEPTING THE DEDICATION OF A UTILITY EASEMENT FROM
QUIKTRIP CORPORATION PERTAINING TO THE FINAL DEVELOPMENT PLAN
FOR QUIKTRIP STORE #4279
WHEREAS, QuikTrip Corporation "QuikTrip") is the owner of certain real property located in the Town
of Firestone ("Town"), legally described as Lot 1, Del Camino Central Filing No. 2, 2 Amendment (the
"Property"); and
WHEREAS, QuikTrip intends to develop QuikTrip Store #4279 on the Property ("Project") pursuant to a
Final Development Plan approved by the Town's Director of Planning and Development in accordance with
Section 16.7.1 0 of the Firestone Development Code; and
WHEREAS, to develop the Project, QuikTrip must construct and install a secondary water line upon
the Property for fire protection; and
WHEREAS, after installation and construction acceptance of the water line, the Town desires to own,
operate and maintain the water line, which will require acquisition of a utility easement over a portion of the
Property, as described and shown in the Final Development Plan and Exhibit A to the "Utility Easement"
attached to this resolution; and
WHEREAS, QuikTrip is willing to dedicate and grant to the Town the attached easement on, over,
under, and across the Property for the purposes described in the Utility Easement Agreement and pursuant to
the terms and conditions contained therein; and
WHEREAS, the Board of Trustees desires to accept the utility easement dedication from QuikTrip in
accordance with the terms and conditions set forth in the Utility Easement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
The Board of Trustees of the Town of Firestone accepts the dedication of a utility easement from
QuikTrip Corporation pursuant to the terms and conditions contained in the easement agreement in
substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is
authorized to execute the easement on behalf of the Town.
PASSED AND ADOPTED this 23rd day of October. 2024.
ATTEST:
Missy Carranco, Deputy Town Clerk
SEA
EXHIBIT A
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Total Pages: 10 Rec Fee: $58.00
Carly Koppes - Clerk and Recorder, Weld County, CO
UTILITY EASEMENT AND AGREEMENT
THIS UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered
into this day 23 of October, 2024, by and between OUIKTRIP CORPORATION, an Oklahoma
corporation, whoseaddress is 12000 Washington Street. Suite 175, Thornton, CO 80241 ("Grantor") and
THE TOWN OF FIRESTONE, COLORADO, a municipal corporation organized and existing under and by
virtue of the laws of the State of Colorado, whose address is 9950 Park Avenue, Firestone, Colorado,
80504 (the "Grantee").
1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in
Weld County, Colorado, as legally described in Exhibit A (the "Property").
2. Consideration - Grant of Permanent Easement. For and in consideration of the covenants
and agreements set forth herein, the sum of TEN DOLLARS ($10.00), and other good and
valuable consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor
grants, sells and conveys to the Grantee, its successors and assigns, a non-exclusive, permanent
easement (the "Permanent Easement") on, over, cinder and across the Property as described more
fully on Exhibit 13, attached to and made a part of this Agreement (the "Permanent Easement
Area"), subject to the terms, conditions and restrictions set forth below.
3. Purpose and Uses of Permanent Easement. Grantee may use the Permanent Easement: (a)
to construct, install, operate, access, maintain, repair, replace, inspect and remove at any time and
from time to time one or more water hydrants, lines, sanitary sewer lines, storm drainage facilities,
pipelines, conduits, vaults, accessories, improvements, or manholes and all necessary underground
wires and appurtenances thereto, including, but not limited to, electric or other control systems,
video or other control systems, cables, wires, connections, conduits, and related surface and
underground appurtenances (the "Improvements") under, through and within the Permanent
Easement Area; (b) to replace and remove at any time and from time to time the Improvements
constructed hereunder either in the original location or at any alternate locations within the
Permanent Easement Area, generally consistent with the intended purposes of the Permanent
Easement and (c) to mark the location of the Permanent Easement Area and the Improvements by
suitable markers set and maintained in the ground.
4. Access, Additionally, Grantor grants and conveys to Grantee a permanent easement (the
"Access Easement") for the purpose of ingress to and egress to and from the Permanent Easement
Area upon, over, in and across the Property, as described more fully on Exhibit 13, attached hereto
and made a part of this Agreement (the "Access Easement Area"). Grantee shall only use the
existing roads as configured from time to time for ingress and egress.
Grantor's Rights in Easement Area. Grantor reserves the right to use the Permanent Easement Area
for any purposes which will not impair, endanger or unreasonably interfere with any of the
Improvements or with Grantee's full enjoyment of the rights hereby granted. Grantor shall not
impair the lateral or subjacent support for the Improvements or the Permanent Easement Area, or
otherwise change the ground level in the Permanent Easement Area. Grantor shall not erect or
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construct any permanent structure or building, drill or operate any well, construct any reservoir or
impoundment, raise or lower the ground elevation, or install or plant any trees or woody shrubs
within the Permanent Easement Area without the prior written consent of the Grantee, which shall
not be unreasonably withheld. Grantee shall have the right to cut, mow, or otherwise remove trees,
undergrowth, weeds, brush, vegetation or other obstructions from the Permanent Easement Area
that, in its judgment, may injure, endanger or interfere with the Improvements or Grantee's
exercise of the rights granted herein. Grantor reserves all otherrights, including the right to use the
Permanent Easement Area for vehicular and pedestrian access, including low maintenance
landscaping and soft surface and/or concrete trails, as well as the right to cross the Permanent
Easement Area with other utilities or other easements; provided, however, that any such utility
crossings, access or other easements do not interfere with, adversely impact or otherwise disturb
the Improvements or impair the rights granted to Grantee under this Permanent Easement, and
provided that any new underground utilities, facilities or other improvements are not installed or
located within twenty-four inches above (vertically) and ten feet on either side of (horizontally) the
centerline of the underground water pipeline (the "No -Install Zone"), or that construction or
installation of any new underground utilities, facilities or other improvements do not require
relocation of or future modifications to any existing Improvements. Grantee shall in no event be
liable for any damages to any landscaping, trails, new underground or aboveground utilities,
facilities or other improvements installed or located within the No -Install Zone or the Permanent
Easement Area resulting from the Improvements or caused by the exercise of Grantee's rights
hereunder.
Maintenance of the Permanent Easement Area.
(a) Upon completing any work in the Permanent Easement Area, Grantee will make
such repairs or take such other action as may be necessary to restore the Permanent Easement Area
to a condition comparable to its condition prior to Grantee's activities in the Permanent Easement
Area, including but not limited to the reseeding and replanting of any disturbed areas in a manner
reasonably satisfactory to Grantor, correction of any subsidence, and restoration of any other
improvements or conditions impacted by Grantee's activities.
(b) Upon completion of construction work in the Permanent Easement Area, Grantor
will maintain the surface of the Permanent Easement Area in compliance with any applicable legal
requirements.
6. R presentations and Warranties of Grantor.
(a) Grantor represents to the Town, to Grantor's actual knowledge without duty of
investigation as of the date of the execution of this Permanent Easement, with respect to the
Property that: (1) the Property has never been used as a landfill or waste dump; (2) that there has
been no installation in or production, disposal, or storage on the Property of any hazardous
substances, including, without limitation, asbestos, by Grantor, Grantor's tenants, or any previous
owner or previous tenants, or any other activity which could have toxic results; (3) there is no
underground storage tank on the Property; and (4) there is no proceeding or inquiry by any
governmental authority or agency with respect thereto. Grantor shall indemnify, defend and hold
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the Town harmless from and against any and all claims, demands, and liabilities, costs and
expenses (including expert fees and attorney fees) arising or resulting from a breach of the
warranties contained in this paragraph. For the purposes of this Permanent Easement, hazardous
substances means all hazardous substances as defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601, et sea.,) and in Section 25-
5-502 of the Colorado Revised Statutes, and petroleum or petroleum products.
(b) Grantor hereby warrants and represents to the Town that Grantoris seized with fee
title to the underlying real property and there are no other parties with interest; that the rights
conveyed herein are free and clear of liens and encumbrances; and that Grantor has sole and
exclusive authority to enter into this Permanent Easement.
7. Binding Effect - Runs With Land. This Easement shall not be assigned by Grantee without
Grantor's prior written consent in Grantor's sole discretion, but shall extend to and be binding
upon the permitted successors and assigns of the respective Parties hereto. The rights and
responsibilities set forth in this Easement are intended to be covenants upon the Easement Property
and are to run with the land.
8. Entire Agreement . ement„ Amendments. This Agreement constitutes the entire agreement between
the Parties hereto relating to the Easement and sets forth the rights, duties and obligations of each
to the other as of this date. Any prior agreements, promises, negotiations or representations not
expressly set forth in this Agreement arc of no force and effect. This Agreement may not be
modified or amended, except by a writing executed by both Parties.
9. Compliance with Laws. Grantee shall comply with all applicable laws in connection with
its use of the Permanent Easement Area, the Access Easement Area, and the Improvements.
10. Governing Law. This Easement and all of the terms and provisions hereof shall be
governed by and construed in accordance with the laws of the State of Colorado, with venue in
Weld County.
11. Severability. If any part, term or provision of this Easement shall be held unenforceable or
invalid, the remainder of this Easement and the application of such part, term or provision to
persons or situations other than those to which it shall have been held unenforceable or invalid
shall not be affected thereby, but shall continue to be enforceable and enforceable to the greatest
extent permitted by law.
12. Counterparts. This Agreement may be executed by the parties in counterparts, each of which
shall be deemed to be an original and all of which, when taken together, shall constitute one and the
same Agreement.
[Signatures and acknowledgments on following page]
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IN WITNESS WHEREOF, the Grantor and Grantee have executed this instrument on the
date and year first above written.
GRANTOR:
QUIKTRIP CORPORATION, an
Oklahoma Corporation
By: � a_-- --
Name: Jason Acord
Title: Regional Director of Real Estate
STATE OF )
ss
COUNTY OF S )
The foregoing instrument was acknowledged before me this (.d� _day
2025, by Jason Acord, as Regional Director of Real Estate of QuikTrip Corporation, owner of the
Subject Property.
Witness my hand and 'al seal.
(Notary Public Official Signature)
MICHAEL CLAY TALCOTT
(Titl of office NOTARY STATE COLORADO
NOTARY ID 20214048604
MY COMMISSION EXPIRES DECEMBER 15, 2025
(Commission Expiration)
[Signatures continue on following page]
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5012752 02/24/2025 03:38 PM
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ACCEPTED BY GRANTEE:
TOWN OF FIRESTONE
By:
ATTEST:
APPROVED AS TO FORM:
ss� Ca.rr�.tcO
De Town Clerk
By: -
William P. ayas i, o orney
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5012752 02/24/2025 03:38 PM
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1, DEL CAMINO CENTRAL, FILING NO. 2, 2ND AMENDMENT, RECORDED AT RECEPTION NO.
4905271, OF THE WELD COUNTY CLERK AND RECORDER OFFICE AND SITUATED IN THE
SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO.
5012752 02/24/2025 03:38 PM
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EXHIBIT "B"
LEGAL DESCRIPTION
UTILITY EASEMENT
AN EASEMENT BEING A PORTION OF LOT 1, DEL CAMINO CENTRAL, FILING NO. 2, 2N0
AMENDMENT, RECORDED AT RECEPTION NO. 4905271, OF THE WELD COUNTY CLERK AND
RECORDER OFFICE AND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF
WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE
COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM 1983. BEING THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP
2 NORTH, RANGE 68 WEST OF THE 6TH P.M. MONUMENTED ON THE EAST END OF THE LINE BY
THE SOUTH QUARTER CORNER OF SECTION 2, BEING A FOUND 2-1/2" ALUMINUM CAP IN
RANGE BOX, 0.2' BELOW SURFACE, STAMPED "1ST INC. CONSULTING ENGINEERS, T2N R68W,
2, 11, 2003, PLS 31169", AND ON THE WEST END OF THE LINE BY THE SOUTHWEST CORNER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, BEING A FOUND 2-
1/2" ALUMINUM CAP, 0.9' BELOW SURFACE, STAMPED "ATWELL, T2N, R68W, W1/16, S2, S11,
2015, PLS 29430", AND IS CONSIDERED TO BEAR S89°52'09"W.
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, ALSO BEING A POINT ON THE
NORTH LINE OF FIRESTONE BOULEVARD;
THENCE WITH THE EAST LINE OF SAID LOT 1, N00°11'04"W, A DISTANCE OF 207,73 FEET;
THENCE DEPARTING SAID EAST LINE, S89°48'56"W, A DISTANCE OF 104.95 FEET AND BEING
THE POINT OF BEGINING;
THENCE S89°48'56"W, A DISTANCE OF 20.78 FEET;
THENCE N45°11'04"W, A DISTANCE OF 10.84 FEET;
THENCE N00°1104W, A DISTANCE OF 177.18 FEET;
THENCE N05°54'08"E, A DISTANCE OF 7.93 FEET TO A POINT ON THE SOUTH LINE OF TRACT E,
DEL CAMINO CENTRAL FILING NO. 2, 2ND AMENDMENT AND BEING A POINT OF CURVATURE;
THENCE ALONG SAID NORTH LINE OF SAID LOT 1, BEING A CURVE TO THE RIGHT, THROUGH A
CENTRAL ANGLE OF 03°48'32", HAVING A RADIUS OF 150.50 FEET, AN ARC LENGTH OF 10.00
FEET, WITH A CHORD BEARING OF S82°45'48"E AND A CHORD DISTANCE OF 10.00 FEET;
THENCE S05°54'08"W, A DISTANCE OF 7.17 FEET;
THENCE S00°11'04"E, A DISTANCE OF 172.51 FEET;
THENCE S45°11'04"E, A DISTANCE OF 2.56 FEET;
THENCE N89°48'56"E, A DISTANCE OF 16.64 FEET;
THENCE S00°11'04"E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
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Page 8 of 10
THE ABOVE DESCRIPTION CONTAINS 2,079 SQUARE FEET OR 0.048 ACRES.
ALL LINEAL DISTANCES ARE REPRESENTED IN U.S. SURVEY FEET.
THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRI OPOSED UTILITY
EASEMENT.
,
O ••• b
J. DF'L• ��O
BRIAN J. DENNIS, PLS 38069
A % 38069 N S
PROJECT NO. QKT04279.10
01/29/2025
'
PREPARED FOR AND ON BEHALF OF GALL
i'. COMPN
1155 KELLY JOHNSON BLVD, SUITE #305
�p �''•••'' 5J
SAL LAND
COLORADO SPRINGS, COLORADO 80920
5012752 02/24/2025 03:38 PM
Page 9 of 10
NOTE: THIS IS NOT A MONUMENTED LAND
SURVEY AND ONLY IS INTENDED TO DEPICT THE
ATTACHED LEGAL DESCRIPTION.
TRACT A `
DEL CAMINO CENTRAL
' • FILING NO. 2,
X3'48 32, 1ST AMENDMENT
R=150.50 REC. NO. 4879859
1=10,00' OWNER: SAND LAND 0 20 50 100
=S82'45'48'E PROPERTIES LLC,
SAND LAND INC
9=10.00SCALE:
N5'54'08'E TRACT E
],9 ' DEL CAMINO CENTRAL FILING NO. 2
2ND AMENDMENT
PROP06I '54'08'W REC. NO. 4905271
U11UTY EASaIFNT _ 7.17' OWNER: TSG DEL CAMINO LLC
2,079 S.F.
(ao4a Ac) S4511'04"E
2.56'
8 N89'48'56'E
p II 16.64'
Z S011'04E
I 10.00'
N451104'W .`S89'48'56"W- 1
10.84' 104.95' (TIE) LOT 2
S89'413'56rW POINT OF DEL CAMINO CENTRAL
BEGINNING o FILING N0. 2, 2ND
20.78' ri w AMENDMENT
"' F REC. NO. 4905271
LOT 1 " OWNER: TSG DEL
DEL CAMINO CAMINO LLC
CENTRAL o r-
FILING NO. 2, r o POINT OF COMMENCEMENT
TRACT D 2ND AMENDMENT z SOUTHEAST CORNER OF LOT 1
EL CAMINO CENTRAL FILING NO. 2 REC. NO. 4905271 OUND, NO. 5 REBAR WITH
2ND AMENDMENT OWNER: TSG DEL ORANGE PLASTIC CAP,
REC. NO. 4905271 I CAMINO LLC STAMPED, "PLS 38069"
OWNER: TSG DEL CAMINO LLC
WEST 1/16 CORNER I SOUTH LINE OF THE SOUTHEAST QUARTER OF THE
SEC 2/11, T2N, R68W SOUTHWEST QUARTER OF SECTION 2 _
FOUND 2-1/2" ALUMINUM CAP S89'52'09"W 1298.33'
0.9' BELOW SURFACE BASIS OF BEARINGS
STAMPED "ATWELL, T2N R68W FIRESTONE BOULEVARD
W�, S2, S11, 2015, PLS 29430" C) •�•• (PUBLIC RIGHT-OF-WAY VARIES)
'y SOUTH QUARTER CORNER
if•' N 3' OF •• ;�� SEC 2, T2N, R68W
Q 2 FOUND 2-1/2" ALUMINUM CAP
m 38069 N IN RANGE BOX, 0.2' BELOW SURFACE
01/29/2025II
STAMPED "1ST INC.
c� •• J� CONSULTING ENGINEERS,
ss/ '•.••••••.•• Q T2N R68W, 2, 11, 2003, PLS 31169"
�NgL LAND
EXHIBIT 'B' QKT00004279.10
Project No:
UTILITY EASEMENT - -----
Drawn By: AAY a;oway
LOT 1, DEL CAMINO CENTRAL, FILING NO.2, 2ND AMENDMENT -_______
Coh,.do CO 80920
SOUTHWEST 114 OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. Checked B 1155 Katy Jomton BMO. Sui. A305
SpA"gs,
TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO y 7r9.900-7220
Date: 12/16/2024 c.11—yUScom
5012752 02/24/2025 03:38 PM
Page 10 of 10
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