HomeMy WebLinkAbout21-44 Final Subdivision Plat Turner Commons Filing No. 1 04-14-2021RESOLUTION 110. 21"Lt
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A FINAL SUBDIVISION PLAT
AND ACCEPTING THE PROPERTY INTERESTS DEDICATED BY THE
FINAL PLAT FOR TURNER COMMONS FILING NO. I; AUTHORIZING A
SUBDIVISION DEVELOPMENT AGREEMENT PERTAINING TO THE
TURNER COMMONS FILING NO. 1 SUBDIVISION; AND APPROVING
AND ACCEPTING AN EASEMENT AND AGREEMENT BETWEEN THE
TOWN OF FIRESTONE AND QUIKTRIP CORPORATION
WHEREAS, QuikTrip ("Applicant"), as owner of certain real property located within the
Town of Firestone, CO (the "Property"), has submitted a proposed final plat for the Property, entitled
"Turner Commons Filing No. 1" (the "Final Plat"), attached hereto as Exhibit A, and a proposed
Subdivision Development Agreement for the Property, attached hereto as Exhibit B; and
WHEREAS, the Town of Firestone desires to maintain vehicular and pedestrian ingress and
egress by members of the general public across a portion of Tract A within the Turner Commons
Filing No. 1 Subdivision; and
WHEREAS, maintenance of vehicular and pedestrian access across that certain portion of
Tract A requires acquisition of a permanent easement over a portion of Tract A, as described and
shown in the attached Exhibit C; and
WHEREAS, Applicant is willing to grant to the Town an easement on, over, and across a
portion of Tract A for the aforesaid purposes, and pursuant to the ter•rns and conditions contained in
the Vehicle Access Easement and Agreement attached hereto as Exhibit C; and
WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public
hearing on the Final Plat on April 11 20215rendered a decision recommending approval of the Final
Plat with four (4) conditions as more fully set forth in PC-21-03, dated April 1, 2021; and
WHEREAS, after reviewing the record of the Planning and Zoning Commission public
hearing, and after considering the testimony, evidence and argument presented at the Board of
Trustees public hearing, the Board of Trustees finds the proposed Final Plat to be in substantial
compliance with the technical requirements of the Town of Firestone subdivision and zoning
ordinances; and
WHEREAS, the Board of Trustees further desires to accept the Vehicle Access Easement
in accordance with the terms and conditions set forth in the Vehicle Access Easement and
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees acknowledges the Planning and Zoning Commission's
findings of fact in this case, as detailed in Resolution PC-21-03.
Section 2. The above Recitals and Findings of the Board of Trustees are hereby
incorporated into this resolution.
Section 3. The Board of Trustees hereby approves the final plat for Turner Commons
Filing No. 1, attached hereto as Exhibit A and incorporated herein by this reference, subject to and
contingent upon compliance with the following conditions:
(a) All minor, technical corrections to the Turner Commons Filing No. 1 final
plat shall be made to the Town's satisfaction.
(b) Applicant shall provide an updated title commitment when the mylars are
provided for recording, dated no later than thirty (30) days prior to submission of mylars.
(c) Applicant shall pay applicable fees incurred as a result of the subdivision
application approval, including, but not limited to, utility, remapping, public land
dedication, cash -in -lieu fees, legal notice and legal review, and recording fees.
(d) Applicant shall execute the Turner Commons Filing No. 1 Subdivision
Agreement.
(e) Applicant shall execute the Vehicle Access Easement and Agreement.
Section 4. The dedication of all easements and all other places designated for public
use as shown upon the plat Turner Commons Filing No. 1 is hereby accepted by the Town of
Firestone, subject however, to the following conditions:
(a) that acceptance in no way obligates the Town of Firestone for the financing,
construction, or maintenance of public improvements within such easements or other
places designated for public use; and
(b) that the Town shall not undertake maintenance of any easement or other
place designated for public use until after construction of all necessary public
improvements has been satisfactorily completed by the land owner and accepted in writing
by the Town of Firestone.
Section 5. The Mayor and Town Cleric are hereby authorized and directed to certify
upon the final subdivision plat the Town's approval and acceptance thereof. The Town Cleric is
hereby authorized and directed to file the subdivision plat with Weld County Cleric and Recorder's
office upon fulfillment of all conditions as indicated herein.
Section 6. The Subdivision Development Agreement between the Town of Firestone and
QuilcTrip Corporation is hereby approved in the foam substantially similar to the foam attached hereto
as Exhibit B. The Mayor is authorized to execute the Subdivision Development Agreement on behalf
of the Town.
2
Section 7. The Board of Trustees of the Town of Firestone hereby approves and
accepts an easement pursuant to the terms and conditions contained in the Vehicle Access
Easement and Agreement between the Town and QuilcTrip Corporation, which is attached hereto
and incorporated herein by this reference. The Mayor is hereby authorized to execute on behalf of
the Town the Vehicle Access Easement and Agreement in the form substantially as attached
hereto.
Section 8. Unless otherwise extended by resolution of the Board of Trustees, the approval
of the Turner Commons Filing No. 1 final plat shall be null and void if the conditions set forth in
Section 3 are not complied with within one hundred and eighty (180) days of the date of this
Resolution.
PASSED AND ADOPTED this 14`� day of April, 2021.
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ATTEST:
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J ss' a Koenig, l own
William P. Hayashi, Town Attorney
3
B bi Sind i4r, ayor
Turner Commons Filing No. 1
Final Plat
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4767158 10/19/2021 11.15 AM
Total Pages: 1 Rec Fee: $13.00
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LINE TABLE
LINE TAG #
BEARING
LENGTH (FT)
L1
S7616'14"E
8.65
L2
N30'26'34"E
8.54
NORTHWEST CORNER
REC. 3361152
FOUND #4 REBAR
WITH PLASTIC CAP
STAMPED "PLS 12697"
CURVE TABLE
CURVE TAG #
DELTA
LENGTH (FT)
RADIUS (FT)
CHORD BEARING
CHORD LENGTH (FT)
C1
90'00'47"
78.55
50.00
S4510'27"E
70.72
C2
19'06'59"
6.01
18.00
N18'30'27"E
5.98
C3
3226'26"
24.52
43.30
S7353'57"E
24.19
C4
656'04"
6.90
57.00
S8633'54"E
6.89
S8917'31 "W 346.64' H
LEGEND
FOUND ALIQUOT MONUMENT AS DESCRIBED
FOUND PROPERTY MONUMENT AS DESCRIBED
A FOUND #5 REBAR WITH 1-1/2" ALUMINUM CAP
STAMPED "PLS 14108"
B 0 FOUND PK NAIL WITH 1-1/2" ALUMINUM DISC
STAMPED "PLS 38069"
C ® FOUND 3" ALUMINUM CAP
STAMPED "PLS 18482"
D FOUND #4 REBAR WITH PLASTIC CAP
STAMPED "PLS 18982"
E FOUND #4 REBAR WITH PLASTIC CAP
STAMPED "PLS 12697"
F0 FOUND #4 REBAR WITH ILLEGIBLE PLASTIC CAP
G0 FOUND #4 REBAR NO IDENTIFICATION
HA FOUND #5 REBAR NO IDENTIFICATION
REC. 3898208
OWNER: STENER LLC.
101,32' I I` �7.00' 11 1'
I I I
I I '
I
1 /0' UTILITY EASEMENT
REC. 4694562
I
30' DRAINAGE &
6 PADING EASEMENT
HEREBY DEOICATED
I
III
I I
I I
I
I I i I
I I I00
I I I
III
N89'47'50"E 453.50'
315.18'
LOT 1
1,28 ACRES
(55,860 SQ. FT.)
HEWS wom 1''i .......... 111111`1
F
30' DRAINAGE &
I I I 8 UTILITY EASEMENT REC. 4694562 GRADING EASEMENT I
HEREBY DEDICATED
L — — — --� — — — — — — — 4
I � — — —I
N89'46'20"E 321,02'
FILING" N0.1
TOWN OF FIRESTONE
WELD COUNTY
STATE OF COLORADO
SHEET 1 OF 1
1/4 CORNER
T2N R68W
SEC. 3 1 SEC. 2
FOUND 3-1/4" ALUMINUM CAP
ILLEGIBLE
I
10' UTILITY EASEMENT
k-
REC. 4694562
c'
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8
,110
N
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5.30' I
5517'19"W 34.95' I
2'04'30"E 49.23'
REC. 2552005
OWNER: DEPARTMENT OF
TRANSPORTATION I
(NOT A PART)
5517'19"E 34.95'
I I
I i
I I I I I¢ I UTILITY EASEMENT
SET #5 REBAR 24" LONG WITH 1-1/4" I 1 I 1 F— REC. 4694562
0 PLASTIC CAP STAMPED "PLS 38069" I I I I l a l II I
UNLESS OTHERWISE DESCRIBED I I 11LO
I
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I
B I I I I SANITARY SEWER
EASEMENT I I >- ( w
I I ( I I REC. 171057200
16� C4
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REC. 3361152 I 1 I i l l i I i M" C>¢ '� w
OWNER: KARMA, LLC. LOT 3
I I 2.98 ACRES I I 2 FS Q
I I ( I WATER LINE I Q a u,
I I I I I I EASEMENT (129,917 SQ. FT.) I I Q� n W
I I I I REC N 4710428 I ~ m
VGRESS & EGRESS EASEMENT I I I I EASEMENT I N
REC. 1912310
1 I REC. 3665635 I
I I I • I
INGRESS & EGRESS EASFk/ENT
REC. 01940086 1 I )LI - i
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\ WATER LINE
INGRESS / EGRESS I I EASEMENT I I
f \ / \ REC. 4710428 I I - 50 EAS�MENT Cy EASEMENT I 1 I I \ �I
REC 1912310 I I I \ -A-- REC. 4722625
FOUND NAIL WITH
ILLEGIBLE BRASS DISC I I _ _ _ I I / 1
NOT ACCEPTED I 7 � I \ \ 50 RURAL DITCH I H
I 1 1 1 EASEMENT I
\ REC. 4722625
B I , — — — — — �l ----_ 229.67' C -eq-3
S88'IS'Ol"W 346.93' I 120or—.88' D 87.01'
1 I S89°49'10"W 437.57' ' S9'
lD' UTILITY EASEMENT PUBLIC ACCESS CDOT PERMANENT � i SECTION CORNER
SOUTHWEST CORNER I I EASEMENT
REC. 3361152 1 I REC 4694562 EASEMENT REC. 2812707 ,' ; i T2N R68W
FOUND #5 REBAR L — — — — —1 (SEE DETAIL) REC. 2546528 L i SEC. 3 SEC. 2
WITH PLASTIC CAP W I SEC. 10 SEC. 11
STAMPED "PLS 20876" STATE HIGHWAY 119 N I FOUND 3-1/4 ALUMINUM CAP
PUBLIC RIGHT OF WAY N i STAMPED "PLS 24307"
�I
SOUTH LINE SE/4 SE/4 SEC. 3 (WIDTH VARIES) N
S89'47'08"W 1320.56' 138.13'
— — — BASIS OF BEARINGS
EAST 1/16 CORNER
T2N R68W
SEC. 3
SEC. 10
FOUND 3-1/4" ALUMINUM CAP I
STAMPED "PLS 34977" 0 10 zo 50
LOT 2 TRACT A
L/
C2 085914'E 57.27'
8.64'
I
LOT 2
1.48 ACRES
(64,439 SQ. FT.)
I
I
DETAIL
ill =30'
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S89 49'10 "W LOT 3
12 0
257.90) C4
N89 52 50'E 120.34' S83055 5581
S89'49'10"W 437.57' PUBLIC ACCESS EASEMENT
STATE HIGHWAY 119 HEREBY DEDICATED
SCALE: 1"=50'
CERTIFICATE OF DEDICATION, OWNERSHIP AND MAINTENANCE:
KNOW ALL MEN BY THOSE PRESENTS THAT QUIKTRIP CORPORATION, AN OKLAHOMA CORPORATION
BEING THE OWNER(S), OF CERTAIN LANDS SHOWN ON THIS PLAT AND DESCRIBED AS FOLLOWS:
ALL OF LOT 1, RECORDED EXEMPTION NO. 1313-3-4-RE 626, RECORDED SEPTEMBER 12,
1983 UNDER RECEPTION NO. 01940086, BEING A PART OF THE SE 1/4 OF SECTION 3,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., EXCEPTING THEREFROM, THAT
PARCEL CONVEYED IN SPECIAL WARRANTY DEED RECORDED JUNE 9, 1997 UNDER
RECEPTION NO. 2552005, COUNTY OF WELD, STATE OF COLORADO.
CONTAINING 3.51 ACRES, MORE OR LESS.
TOGETHER WITH:
LOT 2, AMENDED RECORDED EXEMPTION NO, 1313-03-4-AMRE-626, RECORDED DECEMBER
17, 2009 UNDER RECEPTION NO. 3665637, BEING A PART OF THE SE 1/4 OF SECTION 3,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO.
CONTAINING 0.69 ACRES, MORE OR LESS.
TOGETHER WITH:
SE-1156 LOT, SUBDIVISION EXCEPTION NO. SE-1156, RECORDED DECEMBER 17, 2009 UNDER
RECEPTION NO. 3665635, BEING A PART OF THE SE 1/4 OF SECTION 3, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M., EXCEPTING THEREFROM THAT PARCELS
CONVEYED IN DEEDS RECORDED JULY 1, 1988 UNDER RECEPTION NO. 02146713 AND JUNE
9, 1997 UNDER RECEPTION NO. 2552005, AND FURTHER EXCEPTING PARCEL NUMBER 14,
SET FORTH ON PAGE 3 OF RULE AND ORDER RECORDED DECEMBER 3, 1998 UNDER
RECEPTION NO. 2657786, COUNTY OF WELD, STATE OF COLORADO,
CONTAINING 2.07 ACRES, MORE OR LESS.
TOTAL AREA OF ALL PARCELS: 6.27 ACRES, MORE OR LESS.
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER DRAWING HEREON CONTAINED
UNDER THE NAME AND STYLE OF TURNER COMMONS FILING NO.1, A SUBDIVISION OF A PART OF
THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, AND BY THESE PRESENTS DO
HEREBY DEDICATE TO THE USE OF THE TOWN OF FIRESTONE AND ALL SERVING PUBLIC UTILITIES
(AND OTHER APPROPRIATE ENTITIES) THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE SO
DESIGNATED AS EASEMENTS AS SHOWN, AND DO HEREBY GRANT TO THE RURAL DITCH COMPANY
THE 50' RURAL DITCH EASEMENT SHOWN HEREON.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE UNDERSIGNED THAT ALL EXPENSES AND
COSTS INVOLVED IN CONSTRUCTING AND INSTALLING SANITARY SEWER SYSTEM WORKS AND LINES,
WATER SYSTEM WORKS AND LINES, GAS SERVICE LINES, ELECTRICAL SERVICE WORKS AND LINES,
LANDSCAPING, CURBS, GUTTERS, STREET PAVEMENT, SIDEWALKS, AND OTHER SUCH UTILITIES AND
SERVICES SHALL BE GUARANTEED AND PAID FOR BY THE SUBDIVIDER OR ARRANGEMENTS MADE
BY THE SUBDIVIDER THEREOF WHICH ARE APPROVED BY THE TOWN OF FIRESTONE, COLORADO,
AND SUCH SUMS SHALL NOT BE PAID BY THE TOWN OF FIRESTONE, AND THAT ANY ITEM SO
CONSTRUCTED OR INSTALLED WHEN ACCEPTED BY THE TOWN OF FIRESTONE SHALL BECOME THE
SOLE PROPERTY OF SAID TOWN OF FIRESTONE, COLORADO, EXCEPT PRIVATE ROADWAY CURBS,
GUTTER AND PAVEMENT AND ITEMS OWNED BY MUNICIPALITY FRANCHISED UTILITIES AND OTHER
SERVING PUBLIC ENTITIES WHICH WHEN CONSTRUCTED OR INSTALLED SHALL REMAIN AND/OR
BECOME THE PROPERTY OF SUCH MUNICIPALITY FRANCHISED UTILITIES AND OTHER SERVING PUBLIC
ENTITIES AND SHALL NOT BECOME THE PROPERTY OF THE TOWN OF FIRESTONE, COLORADO.
OWNER:
QUIKTRIP CORPORATION, AN OKLAHOMA CORPORATION
BY: - -- -- 5- _ AS ,V_/ e�"d�'�1` nr�� �.s?'.�-1OF
QUIKT P COR ORATION, AN OKLAHOMA CORPORATION
STATE OF���_____ )
SS.
COUNTY OF1_lv1_____ )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME
THIS % Q__ DAY OF _ Deborah Ann Renner
__—, 2O _. No
PUBLIC
/ STATE OF COLORADO
MY COMMISSION EXPIRES NOTARY NOTARY ID 20214011943
MY COMMISSION EXPIRES March 26, 2025
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
C
ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH
ZONE, NORTH AMERICAN DATUM 1983, BEARINGS ARE BASED ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND IS CONSIDERED TO BEAR S 89'47'08" W,
MONUMENTED AS SHOWN.
VICINITY MAP
NOTES: 1" = 1200'
1) THIS MAP WAS PREPARED FOR A MINOR SUBDIVISION PLAT ONLY BASED ON FIELD DATA
COLLECTED AND OBSERVATIONS COMPLETED ON JANUARY 29, 2020,
2) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON
ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH
DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE
COMMENCE MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN
HEREON.
3) THIS MAP DOES NOT REPRESENT A TITLE SEARCH BY GALLOWAY & COMPANY, INC. TO
DETERMINE OWNERSHIP OR THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE
COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS OR VERIFY
EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT OF WAY OR
TITLE THEREOF, GALLOWAY & COMPANY INC. RELIED UPON TITLE COMMITMENT PROVIDED BY
CLIENT AND PREPARED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, ORDER
NO. FCIF25191581, DATED SEPTEMBER 29, 2021 AT 5:00 PM.
4) ALL LINEAL DISTANCES SHOWN ARE U.S. SURVEY FEET.
5) GRADING, DRAINAGE, AND IRRIGATION WITHIN THE 30' WIDE DRAINAGE AND GRADING
EASEMENTS DEDICATED HEREON MUST BE RETAINED AND MAINTAINED.
6) A VEHICULAR AND PEDESTRIAN ACCESS IS DEDICATED OVER THE ENTIRETY OF TRACT A.
TOWN APPROVAL
THIS IS TO CERTIFY THAT THE PLAT OF TURNER COMMONS F1JNG NO. 1 WAS APPROVED ON
THIS DAY OF _ P(P�1 —__, 20 Ll- BY RESOLUTION NO. __ Zj=4`1
AND THAT THE MAYOR OF THE TOWN OF FIRESTONE ON BEHALF OF THE TOWN OF FIRESTONE,
HEREBY ACKNOWLEDGES SAID PLAT UPON WHICH THIS CERTIFICATE IS ENDORSED FOR ALL
PURPOS IZT D THE ONO
. 4
MAYOR c�ATiT' �8 ERK
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CONTACT LIST
SURVEYOR OF RECORD
GALLOWAY & CO.
BRIAN DENNIS
1155 KELLY JOHNSON BLVD., SUITE 305
COLORADO SPRINGS, CO 80920
TEL: (719) 900-7220
ENGINEER OF RECORD
GALLOWAY & CO.
AARON MCLEAN
6162 S. WILLOW DR., SUITE 320
GREENWOOD VILLAGE, CO, 80111
TEL: (303) 770-8884
FAX: (303) 770-3636
SURVEYING CERTIFICATE
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2
QUIKTRIP CORPORATION
MIKE TALCOTT
1499 WEST 120TH AVENUE, SUITE 110
WESTMINSTER, CO 8023-2719
TEL: (913) 905-2069
QT CIVIL PROJECT MANAGER
QUIKTRIP CORPORATION
JOSH POTTER
4705 SOUTH 129TH EAST AVE.
TULSA, OK 74134
TEL: (918) 615-7685
I, BRIAN J. DENNIS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS MADE AND CHECKED
UNDER MY PERSONAL SUPERVISION. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT
COMPLY WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE STATE OF COLORADO,
STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND
SURVEYORS, AND WELD COUNTY AND THAT THE PLAT ACCURATELY AND PROPERLY SHOWS SAID
SUBDIVISION.
U e �P 'l2•�O
3801 U' e O
BRIAN J. DENNIS : �10/12/2021 °•: J�;
COLORADO PROFESSIONAL LAND SURVEYOR 9°°°.•°'�J`r
PROJECT NO.: QKT004202.10 �'qL LA1410
FOR AND ON BEHALF OF GALLOWAY & COMPANY, INC.
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Colorado Springs, CO 80920
719.900.7220 • GallowayUS.com
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Date Issue / Description
05/14/2020 ADDRESS TOWN COMMENTS
Init.
EMV
2
07212020
REV. TRACT A
EMV
3
09292020
LOTS/TRACTS REVISED
EMV
4
11232020
EASEMENTS REVISED
EMV
5
04/072021
ADDRESS TOWN COMMENTS
AAY
6
09/09/21
UPDATE EXISTING EASEMENTS
EMV
7
10/0721
UPDATE EASEMENT VACATION
EMV
8
10/1121
UPDATE TITLE REPORT
EMV
Project No: QKT004202.10
Drawn By: EMV
Checked By: BJD
Date: 02/04/2020
[— 1 7
SHEET 1 OF 1
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Turner Commons Filing No. 1— Subdivision Agreement
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