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HomeMy WebLinkAbout106782387149 10/08/2025 03:09:34 PM Page: 1 of 3 R 43.00 D 0.00 T 43.00 DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 Candace Rivera Clerk/Recorder; Pueblo County, Co 1111 ,, i�" r� i�ldllilwd 11111,1011%1AW, �I III ORDINANCE NO. 10678 AN ORDINANCE APPROVING THE QUIKTRIP 4298 SUBDIVISION, FILING NO. 1, A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the QuikTrip 4298 Subdivision, A Special Area Plan, being a subdivision of land legally described as: A PORTION OF PARCEL A, LAKE AVENUE SUBDIVISION, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278380, COUNTY OF PUEBLO, STATE OF COLORADO, AS AMENDMENT BY THE REARRANGEMENT OF PROPERTY BOUNDARIES RPB-22-04, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278490, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A, FROM WHICH THE NORTH LINE OF SAID LAKE AVENUE SUBDIVISION BEARS NORTH 88-54-23" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING REFERENCED TO SAID NORTH LINE; THENCE ALONG SAID NORTH LINE, NORTH 88°54'23" EAST, A DISTANCE OF 1447.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A, BEING THE NORTHWEST CORNER OF PARCEL B, SAID LAKE AVENUE SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID PARCEL A, BEING THE WEST LINE OF SAID PARCEL B, SOUTH 01°00'44" EAST, A DISTANCE OF 50.00 FEET TO A LINE PARALLEL WITH AND DISTANT 50.00 FEET SOUTHERLY FROM THE NORTH LINE OF SAID LAKE AVENUE SUBDIVISION; THENCE ALONG SAID PARALLEL LINE SOUTH 88054'23" WEST, A DISTANCE OF 102.37 FEET TO A LINE PARALLEL WITH AND DISTANT 102.30 FEET WESTERLY FROM THE EAST LINE OF SAID PARCEL A; THENCE ALONG SAID PARALLEL LINE, SOUTH 01°00'44" EAST, A DISTANCE OF 837.69 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL A, BEING THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY 25, A PUBLIC RIGHT-OF- WAY WITH A WIDTH THAT VARIES; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID PARCEL A THE FOLLOWING SIX (6) COURSES: 1) SOUTH 56053-11" WEST, A DISTANCE OF 331.30 FEET; 2) SOUTH 88-45-11" WEST, A DISTANCE OF 92.86 FEET; 3) NORTH 46021'09" WEST, A DISTANCE OF 5.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1273.00 FEET; 4) NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 42005-41 ", AN ARC LENGTH OF 935.26 FEET; 2387149 10/08/2025 03:09:34 PM Page: 2 of 3 R 43.00 D 0.00 T 43,00 DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111111 "IN ill Vdill 5) NORTH 88-26-49" WEST, A DISTANCE OF 129.68 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; 6) NORTH 01 °00'44" WEST A DISTANCE OF 686.08 FEET TO THE NORTHWEST CORNER OF SAID PARCEL A AND THE POINT OF BEGINNING. CONTAINING 1,152,920 SQUARE FEET OR 26.467 ACRES, MORE OR LESS. attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is 2387149 10/08/2025 03:09:34 PM Page: 3 of 3 R 43.00 D 0.00 T 43.00 DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 Candace Rivera Clerk/Recorder, Pueblo County, Co given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Introduced and initial adoption of Ordinance by City Council on March 11, 2024. Final adoption of Ordinance by City Council on March 25, 2024. Action by, the Mayor: ® Approved on 3/26/2024 1 3:53 PM MDT ❑ Disapproved on i'b&tCt9Stl!pmr9d by: President of City Council based on the following objections: W M i" Mayor rIMIM103• ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re -adopted on a vote of on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST DOCUSIenea by: F10 City Clerk DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 ORDINANCE NO. 10678 AN ORDINANCE APPROVING THE QUIKTRIP 4298 SUBDIVISION, FILING NO. 1, A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The final plat of the QuikTrip 4298 Subdivision, A Special Area Plan, being a subdivision of land legally described as: A PORTION OF PARCEL A, LAKE AVENUE SUBDIVISION, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278380, COUNTY OF PUEBLO, STATE OF COLORADO, AS AMENDMENT BY THE REARRANGEMENT OF PROPERTY BOUNDARIES RPB-22-04, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278490, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A, FROM WHICH THE NORTH LINE OF SAID LAKE AVENUE SUBDIVISION BEARS NORTH 88054'23" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING REFERENCED TO SAID NORTH LINE; THENCE ALONG SAID NORTH LINE, NORTH 88054'23" EAST, A DISTANCE OF 1447.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A, BEING THE NORTHWEST CORNER OF PARCEL B, SAID LAKE AVENUE SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID PARCEL A, BEING THE WEST LINE OF SAID PARCEL B, SOUTH 01000'44" EAST, A DISTANCE OF 50.00 FEET TO A LINE PARALLEL WITH AND DISTANT 50.00 FEET SOUTHERLY FROM THE NORTH LINE OF SAID LAKE AVENUE SUBDIVISION; THENCE ALONG SAID PARALLEL LINE SOUTH 88054'23" WEST, A DISTANCE OF 102.37 FEET TO A LINE PARALLEL WITH AND DISTANT 102.30 FEET WESTERLY FROM THE EAST LINE OF SAID PARCEL A; THENCE ALONG SAID PARALLEL LINE, SOUTH 01000'44" EAST, A DISTANCE OF 837.69 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL A, BEING THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY 25, A PUBLIC RIGHT-OF- WAY WITH A WIDTH THAT VARIES; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID PARCEL A THE FOLLOWING SIX (6) COURSES: 1) SOUTH 56053'11" WEST, A DISTANCE OF 331.30 FEET; 2) SOUTH 88045'11" WEST, A DISTANCE OF 92.86 FEET; 3) NORTH 46021'09" WEST, A DISTANCE OF 5.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1273.00 FEET; 4) NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 42005'41 ", AN ARC LENGTH OF 935.26 FEET; DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 5) NORTH 88°26'49" WEST, A DISTANCE OF 129.68 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; 6) NORTH 01°00'44" WEST A DISTANCE OF 686.08 FEET TO THE NORTHWEST CORNER OF SAID PARCEL A AND THE POINT OF BEGINNING. CONTAINING 1,152,920 SQUARE FEET OR 26.467 ACRES, MORE OR LESS. attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SFCTION 4 The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 11, 2024. Final adoption of Ordinance by City Council on March 25, 2024. L Signed by: a( President of City Council Action by the Mayor: ® Approved on 3/26/2024 1 3: 53 PM MDT ❑ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re -adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST QocuSPgnedby: City Clerk DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 City Clerk's Office Item # S1 COUNCIL MEETING DATE: March 25, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE QUIKTRIP 4298 SUBDIVISION, FILING NO. 1, A SPECIAL AREA PLAN SUMMARY: The applicant is requesting to re -subdivide Parcel A, 28.36-acres, as amended by RPB- 22-04 into four commercial lots and three parcels, to facilitate the development of a QuikTrip Convenience Store and future commercial development. The lots will be accessed by private roads, Tracts B (extension of Streator Avenue) and C (extension of Reno Avenue), which require a Special Area Plan. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting a Commercial Development Review (C-22-26) and a Special Area Plan (SAP-23-02). BACKGROUND: The subject property is located northeast of the intersection of West Pueblo Boulevard and Lake Avenue and historically operated as a drive-in movie theater. The site is currently undeveloped and consists of three non -buildable parcels that were subdivided in 2021 and further rearranged in 2022 to combine Parcel D and Parcel A. The City of Pueblo owned Parcel D at the time of subdivision (2021), Parcel D served as access to Parcels A and B when originally subdivided and included a 50-foot Public Utility Easement (PUE) and ingress/egress easement. The City later granted Parcel D to the owner of Parcels A, B and C; the property owner then rearranged the parcels to combine Parcel D with Parcel A, the 50-foot-wide ingress/egress and PUE Easement remains in place and will continue to provide utility service and access to Parcel B and the lots located north of the subdivision site. The proposed subdivision includes two cul- de-sacs, within the PUE and ingress/egress easement, at the terminus of both Oakland and East Orman Avenues; to provide a turnaround at the dead end of each street. The cul-de-sacs are dedicated as right of way and have the potential for providing ingress/egress to Lot 4. The proposed QuikTrip Convenience Store will be located on DocuSign Envelope ID: AE6CC2FE-D25D-4DC3-BC85-BF6B309D4614 Lot 1 and will have frontage on Lake Avenue. Per Colorado Department of Transportation (CDOT) requirements, there is no access from either Pueblo Boulevard (SH45) or from Interstate 25 to the property. All lots will be accessed from internal private streets; therefore, a Special Area Plan is being proposed in conjunction with the subdivision to allow the proposed private streets. Lots 2-4 will be reserved for future commercial development. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 12, 2023 Regular Meeting, voted 7- 0 to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be resubdivided which will impede development of the site. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. S-22-11 QuikTrip Attachments 2387151 10/08/2025 03:09:34 PM�,, Pane: 1 of 10 R 43.00 D 0„00 T 43.00 Candace Rivera Clerk/Recorder, pueblo County, Cc SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on F 12T" , 2025, between the CITY OF PUEBLO, a Municipal Corporation ("City"), and QUIKTRIP CORPORATION, an Oklahoma Corporation ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of QUIKTRIP 4298 SUBDIVISION FILING NO. 1, SPECIAL AREA PLAN ("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Required Public Improvements"); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ("Plans and Documents"). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 August 2019 2387151 10/08/2025 03:09:34 PM Paige: 2 of 10 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc mill IFIN7 wVIwM ORMA1 K� 1), 11111 collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 101 August 2019 2387151 10/08/2025 03:09:34 PM Pew: 3 of 10 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc III r� :P�' Nu�� JU k 11111 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the DPW 101 August 2019 2387151 10/08/2025 03:09:34 PM P;: e: 4 of 10 R 43.001 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities"), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Omitted Public Improvement"), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public DPW 101 4 August 2019 2387151 10/08/2025 03:09:34 PM Page: 5 of 10 R 43.00 D 0.00 T 43.00 CGamdace Rivera Clerk/Recorder, Plueblo County, Co III NPAT WIX 1410W UNUP:IV44' 11111 Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re -alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4- 70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit `B", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. DPW 101 August 2019 2387151 10/08/2025 03:09:34 PM Page: 5 of 10 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder Pueblo County, Cc mill FINP Vgk% � 9 " 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. QUIKTRIP CORPORATION, AN OKLAHOMA CORPORATION Subdivider By: STATE OF KANSAS COUNTY OF JOHNSON b g e me on - t The foregoing instrument w acknowledged before � ,Subdivider.. 2112 y as ac My commission expires: 9,CQ-2,c'25 - - State of Kansas DeANNA POPP MYAppt.EV. ?L0'7 25 R Notary Public CITY OF PUEBLO, a Municipal,C rporation By: Mayor of Pueblo, Colorado A"11"FS' I " City Cl 'rk ,) N. STATE OF COLORADO COUNTY OF PUEBLO The foregoing instrument was acknowledged before by Mayor of Pueblo, Colorado, and i Pueblo, Colorado. Witness my hand and official seal. My commission expires: � [ SEAL] NN "kfIEL-i—MNIPOP NOTARY PUIB,LIC DPW 101 8TUE OF COL ►RADO August 2019 NOTARY ID 20234030444, Y COMMISSION EXPRES up11,fY19P 027 this day of as as City Clerk of the City of N�otary �py6"tlM W—aOj Public 2387151 10/08/2025 0 :09: 4 PM Page: 7of 10 R 4 .00 0 0.00 i 43,00 Candace Rivera Clark IRecorder, Pueba° Ccunty, CO IIII DPW 101 August2019 2387151 10/08/2025 03:09:34 PM Page: 8 of 10 R 43.00 D 0.00 T 43,00 Candace Rivera Clerk/Recorder, Pueblo County,, Cc SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: QUIKTRIP 4298 SUBDIVISION FILING NO. 1 DEVELOPER: QUIKTRIP CORPORATION ENGINEER: GALLOWAY & COMPANY Itemization ofRequired Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B") This is an estimate only. Actual construction costs may vary. PREPARED BY: TREVEN EDWARDS, P.E. FIRM:GALLOWAY & COMPANY The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. oo t_r� C1124ry 06/13/2025 REVIEWED BY: DPW 101 August2019 Professional Engineer June 13, 2025 Date Director �of Public Works Date 4298 Name EXHIBIT B - PUBLIC IMPROVEMENT COST ESTIMATE 6/13/2025 Date Description SECTION 1- GRADING AND EROSION CONTROL Unit i Quantity Units Cost Construction and Permanent BMIPS Total Earthwork 50,001-200,000; $175,000 min 71543.1 CY $ 2.50 $ 178,857.50 Permanent Erosion Control Blanket 42.651 SY $ 9.00 $ 383.85 Concrete Washout Basin 1.� EA $ 1,172.00 $ 1,172.00 Inlet Protection 13. EA $ 217.00 $ 2,821.00 Sediment 11 Basin 1. EA $ 2,294.00 $ 2,294.00 Silt Fence 4815. LF $ 3.00 $ 14,445.00 Straw Wattle/Rock Sock 9.' LF $ 8.00 $ 72.00 Temporary Seeding and Mulching 22.1' AC $ 1,793.00 $ 39,625.30 Vehicle Tracking Control 1. EA $ 3,085.00 = $ 3,085.00 Section 1 Subtotal = $ 242,755.65 , Permanent Seeding .991 AC $ 2„018.00 = $ 1,997.82 _ Concrete Trickle Channel 396.' LF $ 20,.00 = $ 10,000.00 Concrete Forebay 3. EA $ 5,000,00 = $ 15,000.00 Outlet Structure w/ Trash Rack & Micropool 1. EA $ 10,000.00 ,0 0 -- - $ 10,000.00 Pond Access Road (Gravel) 111.4 CY $ 45.00 - $ 5,013.00 Safety Guardrail 98. LF $ 25.00 = $ 2,450.00 Emergency Spillway Rip -Rap 43.2 CY $ 120.00 = $ 5,184.00 Spillway Cutoff Wall 95.5' LF $ 100.00 = $ 9,550.00 Pond Grading 6218. CY $ 2.50 _ $ 15,545.00 Section 2 Subtotal _ $ 74,739.80 SECTION 3 - CITY ROADWAY & STORM SEWER IMPROVEMENTS LAKE AVEN JE ROADWAY IMPROVEMENTS Construction Traffic Control 1.1 LS 1 $ 10,000.00 $ 10,000.00 Aggregate Base Course (135 lbs/cf) 306. CY $ 66.00 $ 20,196.00 Asphalt Pavement (3" thick) 611. SY $ 18.00 $ 10,998.00 Epoxy Pavement Marking 1121. SF $ 17.00 $ 19,057.00 Curb and Gutter, Type A (6" Vertical) 464.' LF ; $ 38.00 = $ 17,632.00 Curb and Gutter, Type B (Median) 6. LF $ 38.00 - $ 228.00 6" Sidewalk 156. SY $ 94.00 = $ 14,664.00 Pedestrian Ramp 7.' EA $ 1,496.00 - $ 10,472.00 Light Pole 2. EA $ 3,750.00 $ 7,500.00 Traffic Signal, (provide engineer's estimate) 1. EA $ 6,200.00 $ 6,200.00 STORM'' DRAIN IMPROVEMENTS 18" High Perfromance PP 10.4 LF $ 80.00 = 832.00 18" Reinforced Concrete Pipe 367.1 LF $ 80.00 = $ 29,360.00 14"x23" HE Reinforced Concrete Pipe 660.1 LF $ 10M00 = $ 66,000.00 5' Storm Sewer Manhole, Slab Base 5.1 EA $ 5,000.00 = $ 25,000.00 6' Storm Sewer Manhole, Slab Base 1.1 EA $ 7,500.00 _ $ 7,500.00 Section 1 Subtotal $ 238,139.00 SECTION 4 - CDOT' ROADWAY IMPROVEMENTS I-25 S8 Ol`F RAMP ROADWAY IMPROVEMENTS Construction Traffic Control 1.1 LS $ 10,000.00 = $ 10,000.00 Aggregate Base Course (1351bs/cf) 857.E CY $ 66.00 $ 56,562.00 Asphalt Pavement (3" thick) 839.1 SY $ 18.00 $ 15,102.00 Page 1 of 2387151 9 10/08/2025 03.09:34 PM 10 R 43,00 0 0.00 43.00 Page 8a C.n<i�,mill of C r� ��a Cde�°tl�l�#+�caldr, P�ae�fT � � {T� p�y -�i"T1W�If 1111 QuikTrip 4298 6/13/2025 Wrpject Name Date Unit Descri tion Quantity Units cost Total Asphalt Pavement (6" thick) 875. SY $ 38.00 $ 33,250.00 Raised Median, Paved 1876. SF $ 11.00 = $ 20,636.00 Regulatory Sign/Advisory Sign 4.' EA $ 392.00 = $ 1,568,00 Guide/Street Name Sign 1. EA $ 392.00 = $ 39100 Epoxy Pavement Marking 545.' SF $ 17.00 - $ 9,265.00 Delineator - Type 1 2. EA $ 31.00 $ 62.00 Curb and Gutter, Type B (Median) 239.' LF $ 38,00 - $ 9,082.00 Guardrail Type 3 (W-Beam) 606. LF $ 65.00 = $ 39,390.00 Guardrail End Anchorage 1. EA $ 2„731.00 - $ 2,731.00 Light Pole S-613-1 2. EA $ 3„750.00 $ 7,500.00 ROW Fencing M-607-1 610.' LF $ 7.00 $ 4,270.00 24" Reinforced Concrete Pipe 13. LF $ 98.00 = $ 1,274.00 Flared End Section (FES) RCP Size = 24" 1 EA $ 588.00 $ 588 00 GRADING & EROSION CONTROL Earthwork 10800. CY $ 5.00 _ $ 54,000.00 Permanent Erosion Control Blanket 4618.' SY $ 9.00 $ 41,562.00 Permanent Seeding (inc. noxious weed mgmnt.) & Mulching 1.1' AC $ 2,018.00 $ 2,219.80 Inlet Protection 1.' EA $ 217.00 $ 217.00 Silt Fence 942. LF $ 3.00 - $ 2,826.00 Section 2 Subtotal _ $ 312,496.80 SECTION 5 - PUBLIC "IPwiiATER & SANITARY SEliili`ER IMPROVEMENTS WATER SYSTEM IMPROVEMENTS Water Main Pipe (PVC), Size 8" 1973.78 LF $ 84.00 $ 165,797.52 Fire Hydrant Assembly, w/ all valves 3. EA $ 8,584.00 $ 25,752.00 Water Service Line Installation, inc. tap and valves 1. EA $ 1,723.00 $ 1,723.00 SLkNITARM SEWER IMPROVEMENTS Sewer Main Pipe (PVC), Size 8" 916. LF $ 84.00 $ 76,944.00 Sanitary Sewer Manhole, Depth < 15 feet 4. EA $ 5,708.00 _ $ 22,832.00 Sanitary Service Line Installation, complete 3. EA $ 1,825.00 _ $ 5,475.00 Section 3 Subtotal _ 298,523.52 Total Construction Financial Assurance $ 1,166 654.77 (Sum of all section subtotals) 2387151 10/08/2025 03;09;34 PMi Page: 10 of 10 R 43.00 0 0,00 T 43,00 Candace Rivera CParklRecorder, Puebla CorjntY, CO IIII ill fi Nad w INPI " � A m d 1, 1111V L , Page 2 of 2 2387152 10/08/2025 03:09:34 PM Page: 1 of 5 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc 111 �� "a° Nti'�'k �l �� ���' N 1 Ah N q im Hyl 1i II 1 STORMWATER FACILITY MAINTENANCE AGREEMENT This Stormwater Maintenance Agreement is entered into this I day of .Sep teM bey mm nn p� 20 �, by and between Pueblo, a municipal corporation (`the City„) ar�d QuikTnp Cor oration, An Oklahoma Corporation (the "Owner"), and collectively referred to as the "Parties". RECITALS WHEREAS, Owner owns certain real property located in the City of Pueblo legally described as follows: PARCEL A, LAKE AVENUE SUBDIVISION, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278380, COUNTY OF PUEBLO, STATE OF COLORADO, AS AMENDMENT BY THE REARRANGEMENT OF PROPERTY BOUNDARIES RPB-22-04, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278490, COUNTY OF PUEBLO, STATE OF COLORADO and more commonly known as QUIKTRIP 4298 SUBDIVISION FILING NO 1, A SPECIAL AREA PLAN (the "Property"); and WHEREAS, a Drainage Report and Plan ("Plan") for the Property has been approved by the City subject to and conditioned upon faithful performance by Owner of all duties created by this Agreement; and WHEREAS, said Plan provides for stormwater management facilities including such facilities intended to reduce, detain, convey, and manage stormwater runoff and also water quality facilities (collectively referred to as "Facilities"); and WHEREAS, the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner; and WHEREAS, the City requires that the Owners submit an Operation and Maintenance Manual ("O & M Manual") as specified by the City. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: AGREEMENT The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and will remain in proper working condition in accordance with the approved O & M Manual and other applicable legal requirements. Maintenance shall include, but not be limited to, routine landscaping, sediment removal, repair, reconstruction, or replacement of the Facilities as necessary to meet the requirements of this Agreement. 2. The maintenance of the Facilities shall be performed in accordance with the O & M Manual for the Facilities. 2387152 10/08/2025 03:09:34 PM Page: 2 of 5 R 43.00 D 0.00 T 43,00 Candace Rivera Clerk/Recorder, Pueblo County, Co ,Ill l r �PA hyrltl VAIM 04441 11111 3. The Owner shall cause the inspections of the Facilities to be conducted as follows: a. The Owner agrees to cause inspections of the Facilities, at the Owner's expense at least once every calendar year. b. An inspection report for the facilities shall be submitted in writing to the City for each calendar year by no later than April I" of the following year. The inspection report shall be in accordance with the requirement set forth in the O & M Manual. c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to the City pursuant to the O & M Manual. 4. The Owner, hereby, grants, bargains and conveys to the City, officers, agents, and employees an easement over the Property for access from public rights -of -way, abutting private roadways, and/or private driveways, to the Facilities for the purpose of inspecting, operating, installing, constructing, reconstructing, maintaining, repairing or replacing the Facilities to the extent that the Owner fails to do so and as necessary to ensure their proper working condition as provided in paragraphs one and two above. In the event the Owner fails to inspect, report, or properly maintain the Facilities within thirty (30) days after written notice by the City of such deficiencies to the Owner, the City may enter upon the Property and take whatever steps it deems necessary to maintain or repair the Facilities and bill the owner for such expense plus an administrative charge of 15%. However, if the Owner's failure to properly maintain the facilities could cause damage to property, loss of life or violation of a NPDES MS-4 Permit, the City may take immediate action, without notice to the Owner, to maintain or repair the Facilities. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Facilities, and in no event shall this Agreement be considered to impose any such obligation on the City. 6. The Owner agrees that it will not at any time dedicate the Facilities to the public, to public use or to the City without the City's written consent, nor will it subdivide or convey the Property without a covenant providing that a proportional share of the cost of maintenance and other costs associated with any other of the obligations and duties contained herein runs with each subdivided or conveyed part of the original Property. In an event of emergency involving the Facilities, the City, its officers, agents, and employees may enter immediately upon the Property and take whatever reasonable steps it deems necessary to meet the emergency. The City shall notify the Owner of such emergency and entry as soon as possible but in no event later than twenty-four (24) hours after such entry. Alternatively, the City may notify the Owner by phone to take whatever reasonable action is necessary within a specified time period. Should the Owner fail to respond, or should the Owner inform the City that it intends to not respond within the specified period of time, the City, its officers, agents, and employees may enter immediately upon the emergency. 8. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the inspections and maintenance of the Facilities, including access to the Facilities. 2387152 10/08/2025 03:09:34 PM Page: 3 of 5 R 43.0 D 0.00 T 43„00 Candace Rivera Clerk/ReQorder, Pueblo county, Co 1111 F.PRY11KIN1,110,W119 W VIMI AA II it1 9. In the event the City, pursuant to this Agreement, performs work or expends any funds reasonably necessary for the maintenance or repair of the Facilities, including labor, equipment, supplies and materials, the Owner agrees to reimburse the City within thirty (30) days after the City gives the Owner written notice of such expense. If the Owner or its successors or assigns fail to make timely payment as required herein, interest on such payment shall accrue at the rate of 1.5% per month until paid in full. 10. Any amount owed to the City and not paid within thirty (30) days of notification shall be the joint and several obligation of any owner of record of the Property or any portions thereof served by the Facilities and any successors in interest to such owner on the date such maintenance or repair was performed. 11. The Owner, its successors, and assigns shall indemnify and hold harmless the City, its officers, agents, and employees for any and all damages, accidents, casualties, occurrences or claims which might arise or be asserted against the City arising out of or resulting from the construction, presence, existence of maintenance or use of the Facilities. The Owner shall notify the City when the Owner transfers its interest in the Property or any portion thereof. The Owner shall provide the City with a copy of any such deed. 12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land, and shall be binding upon all present and subsequent owners, their administrators, executors, assigns, heirs, and any other successors in interest so long as they own an interest in the Property or any portion thereof served by the Facilities. 13. The Owner acknowledges that any future site plan, master plan, drainage plan or other process determined by the City to be a final plan, shall include the following language (or similar language approved in writing by the City): "The property owner, its successors, and assigns shall be responsible for maintenance of the Stormwater Facilities pursuant to the Operations and Maintenance (O & M) Manual and all permanent Best Management Practices (BMPs). Requirements include, but are not limited to, installing the specified BMPs contained in the Drainage Report and Plan and maintaining the Facilities as shown in the O & M Manual as approved by the City. If the Facilities are not properly maintained, the City may provide necessary maintenance and assess the cost to the Owner of the property in accordance with the Stormwater Facility Maintenance Agreement approved by the City and recorded at the Pueblo County Clerk and Recorder's Office." 14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office. 15. In the event either of the Parties hereto files a lawsuit to enforce the terns of the Agreement, the prevailing party shall be entitled to its reasonable costs and attorney fees. [Remainder of this page left intentionally blank] 2387152 10/08/2025 03:09:34 PM Page: 4 of 5 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc Hill KFAILY, INIAMW VIV a 11,74h I.M 11 111 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the date set forth above. CITY: Q By:�l.L Director of Stormwater, City of Pueblo, Colorado (§ 16-12-10(d), P.M.C.) Approved as to Form: City i Attorney, C. . �.�._ �_ ..... ty of Pueblo, Colorado OWNER: QuikTrip Corporation a Oklahoma Corporation (corp/llc, indicate) Tason Acord s Director of Real Estate Or (if non corporate entity) (The Acknowledgement (notarization) will vary for Owner depending on if Owner is an individual, corporation, partnership, etc. Also, where there is a mortgage on the property, the mortgage holder must sign the Subordination section of this Agreement) An Affidavit of Authority/Incumbency to execute shall be supplied for any entity. 23Z7152 10/08/2025 03:09:34 PM Page: 5 of 5 R 43,00 D 0.00 T 43.00 Canidace Rivera ClerklRecarder, Puebla County, Co mIll N14411M,11111 1W, WAXW AUM1:1 14, 11111 ACKNOWLEDGEMENT (For a Corporation) State fI )ss County of The foregoing instrument was acknowledged before me this 20'staay of 2(L'—CL'+by ---LCA 9—X'�P( 2 ................ _of the a- corporation, on behalf of the corporation. [seal] 4 NOTARY PUBUC - - State of Kansas DeANNA POPP Notary Public 9&MyApptExp._L(.'�,-'-I--�?,'--, My Commission Expires: R 2387153 10/08/2025 03:09:34 PM Page: 1 of 3 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc 111 IANT , 49141 FAIN,IM r JAY) IIII DECLARATION OF COVENANTS CONCERNING PUBLIC EASEMENTS FOR QuikTrip 4298 Subdivision Filing No. 1, A Special Area Plan THIS DECLARATION OF COVENANTS is made as of 5m Z ozS , by QuikTrip Corporation, an Oklahoma Corporation who does business at 4705 S 129th E Avenue, Tulsa, Oklahoma 74134, herein the "Declarant". Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Facilities means and includes streets, curbs & gutters and sidewalks within ingress/egress or access easements and drainage infrastructure, located in an Easement. Lot means a lot or other designated parcel of land within the Subdivision other than Easements. Lot Owner means and includes all persons and entities having any right, title or in, erest in and to a Lot, or any part thereof. Subdivision means the QuikTrip 4298 Subdivision Filing No. 1, A Special Area Plan. Subject Property means the real property located in Pueblo County, Colorado and described in the attached Exhibit "A". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. B. Declarant intends to or has subdivided the Subject Property and platted the Subject Property as the Subdivision. C. Declarant desires to provide for the orderly development of the Subdivision and to insure the proper installation, maintenance and repair of the Easements and Facilities. NOW THEREFORE, Declarant declares that the Subject Property and all Lots within the Subdivision shall be held, transferred, sold, conveyed, occupied, and used subject to the following covenants, conditions, and restrictions: DPW 105 02/05/02 2387153 10/08/2025 03:09:34 PM Page: 2 of 3 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1. Purpose. The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be jointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option (but not the obligation) to inspect, control, repair, maintain and replace the Facilities and to recover all costs and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the Facilities shall not subject the City of Pueblo to any liability for such failure. 3. Binding Lffecl. Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal representatives, successors and assigns. 4. Euf ce 1 (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. DPW 105 2 02/05/02 2387153 10/08/2025 03:09:34 PM Page: 3 of 3 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any tot Owner or the City of Pueblo to any liability for failure to enforce. (c) The enforcing party may seek and recover damages or injunctive relief or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants, the Court shall award the prevailing party its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For the County of Pueblo, State of Colorado, and for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival. Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgment or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification. Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. 7. Annlicable Law. This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above written. Deelar COUNTY OF JOHNSON ) STATE OF KANSAS ) The foregoing instrument was acknowledged before me this $+h day of -Sro Zv* 15 by .ate Ac " . Witness my hand and official seal. My commission expires: J0712.02.9 (SEAL) Notary Public DPW 105 02/05/02 NOTARY -otKwwm , r 4 MY APPL F M '"