HomeMy WebLinkAbout10939 2373778 05/16/2025 09:42:31 AM
Docusign Envelope ID:4325F43C-C700-4663-80F9-51 ECAOF4AE9D Page: 1 of 6 R 38.00 D 0.00 T 38.00
Candace Rivera Clerk/Recorder, Pueblo County, Co
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ORDINANCE NO. 10939
AN ORDINANCE APPROVING THE DILLON NORTH
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The plat of the Dillon North Subdivision, being a subdivision of land legally described as:
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT MARKED BY AN AXLE IN A RANGE BOX; THENCE S89°31'31"E
A DISTANCE OF 792.29 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF 40TH STREET,
SAID POINT BEING THE POINT OF BEGINNING; THENCE ON SAID RIGHT-OF-WAY LINE
THE FOLLOWING FOUR (4) COURSES:
1. N00°28'46"E A DISTANCE OF 111.94 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 109°34'28",A RADIUS
OF 96.78 FEET, A DISTANCE OF 185.09 FEET TO A POINT OF TANGENT;
3. S70°54'18"W A DISTANCE OF 51.22 FEET;
4. S89°48'46'W A DISTANCE OF 147.64 FEET TO A POINT ON THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF DILLON DRIVE;
THENCE ON SAID RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES:
1. N26°25'24"W A DISTANCE OF 147.64 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 35°00'00", A RADIUS
OF 856.30 FEET, A DISTANCE OF 523.08 FEET TO A POINT OF TANGENT;
3. N61°25'24"W A DISTANCE OF 58.12 FEET;
4. N63°53'34"W A DISTANCE OF 137.90 FEET;
5. N71°13°02"W A DISTANCE OF 43.58 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD;
THENCE N23°32'41"E ON SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 468.55
FEET; THENCE S66°54'44"E A DISTANCE OF 1,065.17 FEET TO THE NORTHWEST
CORNER OF THE DEED RECORDED IN BOOK 1842 AT PAGE 897 IN THE RECORDS OF
COUNTY OF PUEBLO, STATE OF COLORADO; THENCE S00°25'23"E ON SAID WESTERLY
BOUNDARY LINE A DISTANCE OF 806.29 FEET; THENCE N89°30'34"W ON SAID SOUTH
LINE A DISTANCE OF 210.38 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 750,553 SQUARE FEET OR 17.230 ACRES.
TOGETHER WITH
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Candace Rivera C1erklPecorder, Pueblo County, Co
A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 20 SOUTH, RANGE 65 WEST AND A PORTION OF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT POINT MARKED BY AN AXLE IN A RANGE BOX AT THE EAST QUARTER
CORNER OF SECTION 13, SAID POINT BEING THE POINT OF BEGINNING; THENCE
N00°25'23'W, ON THE EAST LINE OF SAID SECTION 13 A DISTANCE OF 60.01 FEET;
THENCE S88°34'38"W, PARALLEL TO THE SOUTH LINE OF THE NORTHEAST QUARTER
OF SECTION 13, A DISTANCE OF 465.35 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD, SAID POINT BEING A POINT
ON CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, WHOSE CENTER BEARS
S75°47'26"E, HAVING A DELTA OF 09°20'07", A RADIUS OF 1,806.25 FEET A DISTANCE OF
294.30 FEET TO A POINT OF TANGENT; THENCE CONTINUING ON SAID RIGHT-OF-WAY
N23°32'41"E A DISTANCE OF 143.62 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-
OF-WAY LINE OF DILLON DRIVE; THENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF DILLON DRIVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 40TH/
STREET, THE FOLLOWING EIGHT (8) COURSES:
1. S66°26'45"E A DISTANCE OF 118.16 FEET;
2. S73°31'S0"E A DISTANCE OF 210.80 FEET;
3. S65°51'46"E A DISTANCE OF 64.09 FEET TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 39°01'16",A RADIUS
OF 426.14 FEET, A DISTANCE OF 290.22 FEET;
5. S26°24'11'W A DISTANCE OF 48.36 FEET;
6. S69°39'22'W A DISTANCE OF 70.19 FEET'
7. S45°32'06'W A DISTANCE OF 50.97 FEET
8. S79°39'15'W A DISTANCE OF 140.34 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 201,177 SQUARE FEET OR 4.618 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW '/4 OF THE SW 1/4 OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY AND
COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF DILLON
DRIVE AND THE SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET FROM WHICH THE
W 1/4 CORNER OF SAID SECTION 18 BEARS N 89°10'34" W, (BEARING BASED ON THE
WEST LINE OF THE NW % OF THE SW '/4 OF SAID SECTION 18 FROM THE NORTH RIGHT
OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4 INCH
ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W'/4 CORNER OF SAID
SECTION 18 MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG AND
BRASS TACK IN A CAST IRON MONUMENT BOX ASSUMED TO BEAR N 01°34'40" W), A
DISTANCE OF 490.98 FEET: THENCE EASTERLY
ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET AND 40TH STREET
EXTENDED THE FOLLOWING TWO (2) COURSES;
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Candace Rivera Clerk/Recorder, Pueblo County, Co
ito fricitliw'ti;1010141 fA LOA 3,114 111111
1. N 88°35'16" E, A DISTANCE OF 180.70 FEET;
2. S 89°30'34" E, A DISTANCE OF 318.48 FEET;
THENCE S 00°25'01" E, A DISTANCE OF 621.50 FEET TO A POINT ON THE NORTHERLY
LINE OF COLORADO STATE HIGHWAY NO. 47 AS DESCRIBED IN THAT "RULE AND
ORDER" (R&O) CASE NO. 97-CV-538, DIVISION D, DISTRICT COURT, PUEBLO COUNTY,
COLORADO AND FILED FOR RECORD JULY 6, 1999 AT RECEPTION NUMBER 1287660 IN
THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER; THENCE WESTERLY
AND NORTHERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF COLORADO STATE
HIGHWAY NO. 47 AND SAID EASTERLY RIGHT OF WAY LINE OF DILLON DRIVE THE
FOLLOWING SIX (6) COURSES;
1. S 83°44'03"W (S 83°44'53"W R&O), A DISTANCE OF 405.72 (405.69 R&O) FEET;
2. N 61°58'57"W (N 62°02'10" W R&O), A DISTANCE OF 40.82 (40.67 R&O) FEET;
3. N 26°28'24"W (N 26°27'56" W R&O), A DISTANCE OF 82.26 (82.28 R&O) FEET;
4. N 02°07'45"W (N 02°07'18"W R&O), A DISTANCE OF 200.08 (200.15 R&O) FEET;
5. N 04°40'40"W (N 04°40'31"W R&O), A DISTANCE OF 187.15 (187.09 R&O) FEET;
6. N 01°31'50"W (N 01°31'05" W R&O), A DISTANCE OF 184.83 (184.82 R&O) FEET; TO
THE POINT OF BEGINNING
CONTAINING A CALCULATED AREA OF 7.18 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW % OF THE SW '/4 OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF DILLON
DRIVE AND THE SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET FROM WHICH THE
W % CORNER OF SAID SECTION 18 BEARS N 85°59'52" W, (BEARING BASED ON THE
WEST LINE OF THE NW ' OF THE SW ' OF SAID SECTION 18 FROM THE NORTH RIGHT
OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4 INCH
ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W' CORNER OF SAID
SECTION 18 MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG AND
BRASS TACK IN A CAST IRON MONUMENT BOX ASSUMED TO BEAR N 01°34'40" W) A
DISTANCE OF 322.88 FEET: THENCE SOUTHERLY AND WESTERLY ALONG SAID
WESTERLY RIGHT OF WAY LINE OF DILLON DRIVE AND THE NORTHERLY RIGHT OF WAY
LINE OF COLORADO STATE HIGHWAY NO. 47 AS DESCRIBED IN THAT "RULE AND
ORDER" (R&O) CASE NO. 97-CV-538, DIVISION D, DISTRICT COURT,
PUEBLO COUNTY, COLORADO AND FILED FOR RECORD JULY 6, 1999 AT RECEPTION
NUMBER 1287660 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER
THE FOLLOWING SEVEN (7) COURSES;
1. S 04°09'50" E (S 04°09'33" E R&O), A DISTANCE OF 133.97 (133.90 R&O) FEET;
2. S 00°20'04"W (S 00°20'27"W R&O), A DISTANCE OF 358.23 FEET;
3. S 05°09'42" E (S 05°15'27" E R&O), A DISTANCE OF 82.20 (82.09 R&O) FEET;
4. S 44°07'09"W (S 44°09'41"W R&O), A DISTANCE OF 125.14 (125.34 R&O) FEET;
5. N 84°13'12"W (N 84°15'53"W R&O), A DISTANCE OF 65.20 (65.05 R&O) FEET;
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Candace Rivera Clerk/Recorder, Pueblo County, Co
III kilidl Lna'r:l lli‘1l'F 1:111 r:thit lid •1 II 1
6. S 36°27'01"W (S 36°28'48"W R&O), A DISTANCE OF 31.35 FEET;
7. N 81°37'45" W, A DISTANCE OF 149.27 FEET; TO A POINT ON THE WEST LINE OF
THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 18; THENCE N 01°34'40" W, ALONG
SAID WEST
LINE, A DISTANCE OF 270.07 FEET; THENCE N 88°59'28" E, A DISTANCE OF 207.17 FEET;
THENCE N 02°38'18" W, A DISTANCE OF 388.22 FEET TO A POINT ON THE SAID
SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET; THENCE S 89°33'10" E ALONG
SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 121.44 FEET TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 3.01 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW '/4 OF THE SW '/4 OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY AND
COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF 40TH
STREET AND THE WEST LINE OF THE NW 1/4 OF THE SW ' OF SAID SECTION 18 FROM
WHICH THE W '/4 CORNER OF SAID SECTION 18 BEARS N 01°34'40" W, (BEARING BASED
ON THE WEST LINE OF THE NW IA OF THE SW ' OF SAID SECTION 18 FROM THE NORTH
RIGHT OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4
INCH ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W ' CORNER
OF
SAID SECTION 18 MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG
AND BRASS TACK IN A CAST IRON MONUMENT BOX ASSUMED TO BEAR N 01°34'40"W)
A DISTANCE OF 22.04 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF
WAY
LINE OF 40TH STREET THE FOLLOWING TWO (2) COURSES;
1. N 88°02'36" E, A DISTANCE OF 48.64 FEET;
2. S 89°32'26" E, A DISTANCE OF 151.43 FEET;
THENCE S 02°38'18" E, A DISTANCE OF 388.22 FEET; THENCE S 88°59'28"W, A DISTANCE
OF 207.17 FEET TO A POINT ON THE
WEST LINE OF THE NW 1/4 OF THE SW ' OF SAID SECTION 18; THENCE N 01°34'40" W
ALONG SAID WEST LINE, A DISTANCE OF 391.15 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1.82 ACRES.
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.
n Envelope ID:4325F43C-C700-4663-80F9-51 ECAOF4AE9D 2373778 05616R 38. 09:42:31 AM
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Candace Rivera Clerk/Recorder, Pueblo County Co
iIII � ��tikPh��i K1111l ':kN 4r a i iI II
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 given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance
becomes effective.
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Candace Rivera Clerk/Recorder, Pueblo County. Co
SECTION 6. 11111 Iii'Jl7IE4 i:IINAli`II«iDALIMP:hkiili4h 111111
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 April 14, 2025.
Final adoption of Ordinance by City Council on April 28, 2025. ,—DocuSigned by:
—.87A4Fo1023AB402..
President of City Council
Action by the Mayor:
4/30/2025 1 3:24 PM MDT
IT1/ Approved on
❑ Disapproved on based on the following objections:
Li
Signod by.
3A0.)950B78CA402.
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 DocuSigned by:
c1
7CO2CBDPPC3D43C..
City Clerk
44i5iaLo• cot()
0
o a
..6. r..rrit,ry .^
°capon
City Clerk's Office Item # S2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 28, 2025
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 DILLON NORTH SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide 33.858-acres into seven (7) commercial lots,
one (1) industrial parcel, reserved for future development, and one (1) parcel dedicated
to drainage and detention.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting to rezone approximately 21.848-acres from I-2,
Industrial to B-3, Highway and Arterial Business Zone District. (Z-23-11)
BACKGROUND:
The subject property is located north of Highway 47 (Cesar Chavez Boulevard) and adjacent to
the east and west sides of Dillon Drive as it extends north. The subdivision site is currently
unimproved and has never been subdivided. The applicant is requesting to subdivide the land
into two parcels and 11 lots to facilitate commercial development to the east and west of Dillon
Drive south of East 40th Street. Access to the lots on both sides of Dillon Drive will be taken from
East 40th Street. Access easements are proposed to run south through the proposed southern
lots, providing legal access to each lot/development site. The three lots located north of East
40th Street will also take access from East 40th Street and an internal access easement. No
access will be provided from Dillon Drive or Highway 47 (Cesar Chavez Blvd.). The subdivision
also includes two parcels; Parcel A is reserved for future subdivision and development. Parcel B
is reserved for drainage and detention. All the proposed lots and Parcel B will be rezoned to B-
3, Highway and Arterial Business District; Parcel A will remain an I-2 zoning.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 12, 2025 Regular Meeting, voted
6-0 to recommend approval, Commissioners Aznar and Castellucci absent.
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.
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-23-08 Attachments
ORDINANCE NO. 10939
AN ORDINANCE APPROVING THE DILLON NORTH
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The plat of the Dillon North Subdivision, being a subdivision of land legally described as:
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A DISTANCE OF 792.29 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF 40TH STREET,
SAID POINT BEING THE POINT OF BEGINNING; THENCE ON SAID RIGHT-OF-WAY LINE
THE FOLLOWING FOUR (4) COURSES:
1.
2. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA
OF 96.78 FEET, A DISTANCE OF 185.09 FEET TO A POINT OF TANGENT;
3.
4.
RIGHT-OF-WAY LINE OF DILLON DRIVE;
THENCE ON SAID RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES:
1.
2.
OF 856.30 FEET, A DISTANCE OF 523.08 FEET TO A POINT OF TANGENT;
3. N61°25'2
4.
5. -
OF-WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD;
-OF-WAY LINE A DISTANCE OF 468.55
CORNER OF THE DEED RECORDED IN BOOK 1842 AT PAGE 897 IN THE RECORDS OF
BOUNDARY LINE A DISTANCE OF 806
LINE A DISTANCE OF 210.38 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 750,553 SQUARE FEET OR 17.230 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 20 SOUTH, RANGE 65 WEST AND A PORTION OF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT POINT MARKED BY AN AXLE IN A RANGE BOX AT THE EAST QUARTER
CORNER OF SECTION 13, SAID POINT BEING THE POINT OF BEGINNING; THENCE
THE NORTHEAST QUARTER
OF SECTION 13, A DISTANCE OF 465.35 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD, SAID POINT BEING A POINT
ON CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, WHOSE CENTER BEARS
294.30 FEET TO A POINT OF TANGENT; THENCE CONTINUING ON SAID RIGHT-OF-WAY
-
OF-WAY LINE OF DILLON DRIVE; THENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF DILLON DRIVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 40TH/
STREET, THE FOLLOWING EIGHT (8) COURSES:
1.
2.
3. .09 FEET TO A POINT OF CURVE;
4.
OF 426.14 FEET, A DISTANCE OF 290.22 FEET;
5.
6.
7. EET
8.
CONTAINING A CALCULATED AREA OF 201,177 SQUARE FEET OR 4.618 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW ¼ OF THE SW ¼ OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY AND
COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF DILLON
DRIVE AND THE SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET FROM WHICH THE
WEST LINE OF THE NW ¼ OF THE SW ¼ OF SAID SECTION 18 FROM THE NORTH RIGHT
OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4 INCH
ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W ¼ CORNER OF SAID
SECTION 18 MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG AND
DISTANCE OF 490.98 FEET: THENCE EASTERLY
ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET AND 40TH STREET
EXTENDED THE FOLLOWING TWO (2) COURSES;
1. N 88°35'16" E, A DISTANCE OF 180.70 FEET;
2. S 89°30'34" E, A DISTANCE OF 318.48 FEET;
LY
-CV-538, DIVISION D, DISTRICT COURT, PUEBLO COUNTY,
COLORADO AND FILED FOR RECORD JULY 6, 1999 AT RECEPTION NUMBER 1287660 IN
THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER; THENCE WESTERLY
AND NORTHERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF COLORADO STATE
HIGHWAY NO. 47 AND SAID EASTERLY RIGHT OF WAY LINE OF DILLON DRIVE THE
FOLLOWING SIX (6) COURSES;
1. S 83°44'03" W (S 83°44'53" W R&O), A DISTANCE OF 405.72 (405.69 R&O) FEET;
2. N 61°58'57" W (N 62°02'10" W R&O), A DISTANCE OF 40.82 (40.67 R&O) FEET;
3. N 26°28'24" W (N 26°27'56" W R&O), A DISTANCE OF 82.26 (82.28 R&O) FEET;
4.
5. N 04°40'40" W (N 04°40'31" W R&O), A DISTANCE OF 187.15 (187.09 R&O) FEET;
6. N 01°31'50" W (N 01°31'05" W R&O), A DISTANCE OF 184.83 (184.82 R&O) FEET; TO
THE POINT OF BEGINNING
CONTAINING A CALCULATED AREA OF 7.18 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW ¼ OF THE SW ¼ OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF DILLON
DRIVE AND THE SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET FROM WHICH THE
WEST LINE OF THE NW ¼ OF THE SW ¼ OF SAID SECTION 18 FROM THE NORTH RIGHT
OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4 INCH
ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W ¼ CORNER OF SAID
SECTION 18 MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG AND
BRASS TACK IN A CAST IRON MONUMENT BOX ASSUMED TO BEAR
DISTANCE OF 322.88 FEET: THENCE SOUTHERLY AND WESTERLY ALONG SAID
WESTERLY RIGHT OF WAY LINE OF DILLON DRIVE AND THE NORTHERLY RIGHT OF WAY
-CV-538, DIVISION D, DISTRICT COURT,
PUEBLO COUNTY, COLORADO AND FILED FOR RECORD JULY 6, 1999 AT RECEPTION
NUMBER 1287660 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER
THE FOLLOWING SEVEN (7) COURSES;
1. S 04°09'50" E (S 04°09'33" E R&O), A DISTANCE OF 133.97 (133.90 R&O) FEET;
2.
3. S 05°09'42" E (S 05°15'27" E R&O), A DISTANCE OF 82.20 (82.09 R&O) FEET;
4. S 44°07'09" W (S 44°09'41" W R&O), A DISTANCE OF 125.14 (125.34 R&O) FEET;
5. N 84°13'12" W (N 84°15'53" W R&O), A DISTANCE OF 65.20 (65.05 R&O) FEET;
6. S 36°27'01" W (S 36°28'48" W R&O), A DISTANCE OF 31.35 FEET;
7. N 81°37'45" W, A DISTANCE OF 149.27 FEET; TO A POINT ON THE WEST LINE OF
THE NW ¼ OF THE SW ¼ OF SAID SECTION 18; THENCE N 01°34'40" W, ALONG
SAID WEST
SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 121.44 FEET TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 3.01 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW ¼ OF THE SW ¼ OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY AND
COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF 40TH
STREET AND THE WEST LINE OF THE NW ¼ OF THE SW ¼ OF SAID SECTION 18 FROM
ON THE WEST LINE OF THE NW ¼ OF THE SW ¼ OF SAID SECTION 18 FROM THE NORTH
RIGHT OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4
INCH ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W ¼ CORNER
OF
SAID SECTION 18 MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG
A DISTANCE OF 22.04 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF
WAY
LINE OF 40TH STREET THE FOLLOWING TWO (2) COURSES;
1. N 88°02'36" E, A DISTANCE OF 48.64 FEET;
2. S 89°32'26" E, A DISTANCE OF 151.43 FEET;
THENCE S 02°38'18" E, A DISTANCE OF 388.22 FEET; THENCE S 88°59'28"W, A DISTANCE
OF 207.17 FEET TO A POINT ON THE
WEST LINE OF THE NW ¼ OF THE SW ¼ OF SAID SECTION 18; THENCE N 01°34'40" W
ALONG SAID WEST LINE, A DISTANCE OF 391.15 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1.82 ACRES.
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
inances 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 i
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-l0-l0l, 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 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 April 14, 2025.
Final adoption of Ordinance by City Council on April 28, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
MINUTES OF REGULAR MEETING
City of Pueblo, Colorado
Wednesday March 12, 2025 – 3:30 p.m.
City Council Chambers, 1 City Hall Place
The meeting was called to order at 3:30PM with Chairman Mike Castellucci presiding.
Commissioners Present:Mike Castellucci, Patrick Avalos,Brett Boston,Alexandra Aznar, Lisa
Bailey, and Cheryl Spinuzzi.
Commissioners Absent: One Commission Seat Vacant
Staff Members Present: David Wyatt, Assistant City Attorney; Scott Hobson, Acting Director of
Planning and Community Development; Beritt Odom, Principal Planner, Hannah Prinzi, Planner,
Cindy Capritta, Land Use Tech
Staff Members Absent: None
Approval of the Agenda: Bailey motioned to approve the agenda as amended, seconded by
Boston.
Motion Passed: 6-0
Public Hearings:
4. S-23-08 Dillon North Subdivision, a Special Area Plan, subdivision of 33.85 acres into
commercial lots, industrial lots, and parcels for drainage, utilities, and future development.
Generally located north of the Cesar Chavez Blvd. and Dillon Drive intersection. Staff
Report by Beritt Odom, Principal Planner.
Hearing: Applicants Darlene Horn and Toni Acri remained sworn in and spoke in support of the
rezoning application. No one appeared in opposition.
Commission Action: Bailey moved to recommend the rezoning application to City Council
with conditions 1-4 be completed before forwarding to Council, seconded by Boston.
Motion Passed: 6-0
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
TO: Beritt Odom, PrincipalPlanner
CC:Michelle Cruz, Administrative Technician
Subdivision File
FROM: Joe Martellaro, Associate Engineer II
SUBJECT:S-23-08Dillon North Subdivision
DATE:March 31, 2025
Please place the above referenced submittal on the City Council Agenda.
I have received the mylars for the RPB for this subdivision which was required prior to
city council scheduling.
S-23-08
TO:
City of Pueblo, Planning and Zoning Commission
FROM:
Beritt Odom, Principal Planner
THROUGH:
Scott Hobson,Acting Director of Planning and Community Development
DATE:
March 12, 2025
SUBJECT:
Dillon North Subdivision
APPLICANT:
Avik Amin, AKN Enterprises LLC
Ron Childress, Dillon Drive Assoc.
SURVEYOR:
Edward Fisher, PLS, Edward James Surveying
ENGINEER:
Darlene Horn, P.E., DK Horn Engineering and Design
PROPERTY OWNER:
Same as Applicant
LOCATION:
Generally located north of the Hwy 47/Cesar Chavez Blvd. and Dillon Drive
intersection.
EXISTING ZONE:
I-2, Industrial District
CONCURRENT
Z-23-11, Rezone 21.221 acres, included in the proposed Dillon North
REQUESTS:
Subdivision from I-2, Industrial to B-3, Highway and Arterial Business District.
REQUEST:
The applicant is requesting to subdivide 33.858 acres into seven commercial lots, one industrial parcel, reserved for
future development, and one parcel dedicated to drainage and detention.
BACKGROUND AND ANALYSIS:
The subject property is located north of Highway 47 or Cesar Chavez Blvd. and adjacent to the east and west sides of Dillon
Drive as it extends north. The subdivision site is currently unimproved and has never been subdivided. The applicant is
requesting to subdivide the land into two parcels and 11 lots to facilitate commercial development along the highway
thth
corridor. Access to the lots, located south of E. 40 Street, will be taken from E. 40Street. Access easements are proposed
to run south through the proposed southern lots, providing legal access to each lot/development site. The three lots located
thth
north of E. 40Street will also take access from E. 40 Street and an internal access easement. No access will be provided
from Dillon Drive or Highway 47 (Cesar Chavez Blvd.). The subdivision also includes two parcels; Parcel A is reserved
for future subdivision and development. Parcel B is reserved for drainage and detention. All the proposed lots and Parcel
B will be rezoned to B-3, Highway and Arterial Business District; Parcel A will remain an I-2 zoning.
APPLICABLE REGULATIONS:
Sec. 12-4-6(b)(1) through (3) concerning the necessary information and supporting documents to be submitted for review
and required drawing to be recorded; and Sec. 12-4-7 concerning the minimum standards for all subdivisions.
Planning & Zoning Commission
S-23-08
Page 2
RECOMMENDED MOTION: The Subdivision Review Committee recommends the Planning and Zoning Commission
forward a recommendation that the requested Subdivision be APPROVED with the following noted:
Requests for None
Modifications to
Requirements:
Request for Deferred Request for Deferred Filings: The Subdivision Review Committee has no objection to the
Filings Request for Deferred Filings, SRC Memo, March 5, 2025.
Plat Deficiencies:
None
Conditions of Approval 1.Public Works: amend the Subdivision and Supplemental Map according to Public
(all conditions must be Works’ (Joe Martellaro’s) red lined plats:
addressed prior to City
a. JM Comments - DILLON_NORTH_SUBDIVISION_PLAT_REVISED_02-
Council review): 12-2025_Thu_Feb_13_2025_12-03-26
b. JM Comments -
DILLON_NORTH_SUBDIVISION_SUPPLEMENTAL_MAP_REVISED_2-
12-2025_Thu_Feb_13_2025_12-05-11
2. Stormwater: "Submit a Stormwater Facility Maintenance Agreement (SFMA) for
each pond:
a. The legal description for these should describe all lots that drain to the
pond.
b. Submit "Acknowledgement and Performance Obligation (BOA)" with
each SFMA. Reach out to me for this form."
3. Planning:
a. amend the Subdivision Plat to label and dedicate all access easements as
“Public Access Easements.”
b. amend Parcel A description and dedication to state that it is “non-
buildable and reserved for future development.”
th
4. GIS: Revise subdivision and supplemental plats to reflect E. 40 Street, memo
from Debi Romines, February 14, 2025
PLANNING AND COMMUNITY DEVELOPMENT COMMENTS
CHARACTER AND COMPATIBILITY:
Site Character:
The site is currently unimproved graded land.
Neighborhood Compatibility:
North I-2,Unimproved land
B-3, Walmart
East S-3, Fountain Creek
South B-4, Pueblo Mall
WestI-2,Single Family residences, Colorado Tire, possible salvage uses.
Comprehensive Plan Compliance:
The area to be subdivided is designated as Mixed-Use Activity Center by the “Pueblo Regional
Comprehensive Plan, 2022.” According to the Comprehensive Plan, Mixed-Use Activity Centers
primarily consist of retail, office, and multifamily residential uses. The intent of Mixed-Use Activity
Center designationis to provide opportunities for the redevelopment and reactivation of malls, large
format retail, and other commercial centers into compact mixed-use neighborhoods that serve as
community and regional destinations.
Planning & Zoning Commission
S-23-08
Page 3
The proposed subdivision will create commercial lots intended for development that houses retail and
services uses along a highly visible highway corridor; therefore, conforming to the intent of the regional
comprehensive plan.
ABILITY TO COMPLY WITH THE ZONE DISTRICT REGULATIONS:
All lots exceed the 5,000 square foot minimum lot area for the B-3, Highway Commercial Zone District. All lots
have frontage on a public right of way and have access via access easements.
REFERRAL AGENCIES AND COMMENTS:
City Public Works: Comments addressed in conditions for approval
City Transportation: No comment
Pueblo Regional Building Department: No comment
City Fire Department: No comment
Pueblo Board of Water Works: No comment
City Wastewater: No comment
City Stormwater: No comment
City Parks and Recreation Department: No comment
City GIS: Comments addressed in conditions for approval
Xcel Energy: No comment
Black Hills Energy: No comment
CDOT: No comment
Pueblo Board of Water Works: No comment
ATTACHMENTS:
A. Aerial Photograph
B. Zoning Map
C. Comprehensive Plan Map
D. Site Photographs
E. SRC Memo, March 5, 2025
E. Subdivision
Planning & Zoning Commission
S-23-08
Page 4
A. Aerial Photograph
B. Zoning Map
Planning & Zoning Commission
S-23-08
Page 5
C. Comprehensive Plan
Planning & Zoning Commission
S-23-08
Page 6
Attachment D. Site Photos
Dillon North Subdivision, looking east from Dillon Dr.
Dillon North Subdivision, looking west from Dillon Dr.
MEMORANDUM
To: Planning and Zoning Commission
From: Subdivision Review Committee
Date: March 5, 2025
Subject: S-23-08 Dillon North Subdivision
S-23-08
The Subdivision Review Committee recommends the Planning and Zoning Commission forward a
recommendation that the Dillon North Subdivisionbe APPROVED with the following noted:
Requests for None
Modifications
to
Requirements:
Request for Request for Deferred Filings: The Subdivision Review Committee has no objection to the Request for
Deferred Deferred Filings, SRC Memo, March 5, 2025.
Filings
Plat None
Deficiencies:
Conditions of 1. Public Works: amend the Subdivision and Supplemental Map according to Public Work’s (Joe
Approval (all Martellaro’s) red lined plats:
conditions a.JM Comments -DILLON_NORTH_SUBDIVISION_PLAT_REVISED_02-12-
must be 2025_Thu_Feb_13_2025_12-03-26
addressed b. JM Comments -
prior to City DILLON_NORTH_SUBDIVISION_SUPPLEMENTAL_MAP_REVISED_2-12-
Council 2025_Thu_Feb_13_2025_12-05-11
review): 2. Stormwater: Submit a Stormwater Facility Maintenance Agreement (SFMA) for each pond:
a. The legal description for these should describe all lots that drain to the pond.
b. Submit "Acknowledgement and Performance Obligation (BOA)" with each SFMA.
Reach out to me for this form."
3. Planning:
a. amend the Subdivision Plat to label and dedicate all access easements as “Public
Access Easements.”
b. amend Parcel A description and dedication to state that it is “non-buildable and
reserved for future development.”
th
4. GIS: Revise subdivision and supplemental plats to reflect E. 40 Street, memo from Debi
Romines, February 14, 2025
CITY OF PUEBLO
GIS Division Î Information Technology Dept.
Debi Romines
200 S Main St, Pueblo CO 81003
citymaps@pueblo.us | 719-553-2550
To: Beritt Odom
From: GIS Division
Date: 02-14-25
Subject: Comments on Dillon North Subdivision 4th Submittal
TH
Please revise the plats to reflect ÐE 40 STÑ.
Note: At this time, since the internal private road has been removed, we will be addressing the lots
TH
from E 40 ST. This could change after more internal discussions, but we will let you know if it
changes.
Regards,
Debi Romines
at at
You are welcome You are welcome
3, Highway and Arterial Business 3, Highway and Arterial Business
--
for the approval of the following for the approval of the following
2, Industrial to B2, Industrial to B
--
subdivision of 33.85 acres into commercial lots, and subdivision of 33.85 acres into commercial lots, and
Please contact the planner listed below if you have questions. Please contact the planner listed below if you have questions.
of 21.848 acres from Iof 21.848 acres from I
Principal Planner Principal Planner
, ,
generally located north of the Hwy 47/Cesar Chavez Blvd. and Dillon Drive generally located north of the Hwy 47/Cesar Chavez Blvd. and Dillon Drive
2339
2339
Rezone, in City Council Chambers, 1 City Hall Pl, Pueblo, CO. -Rezone, in City Council Chambers, 1 City Hall Pl, Pueblo, CO.
-
Dillon North Subdivision,Dillon North Subdivision,
: :
1111
--
08:08:
--
Beritt Odom, Beritt Odom,
2323
--
2323
--
Z(719) 553 Z
The Planning and Zoning Commission meeting will be held on March 12, 2025, 3:30 p.m.to attend this public hearing in person and express your viewpoint concerning this proposal. To review
the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda” no sooner than the Friday prior to the hearing. Scott Hobson,
Acting DirectorPlanning & Community DevelopmentBy February 25, 2025 The Planning and Zoning Commission meeting will be held on March 12, 2025, 3:30 p.m.to attend this public hearing
in person and express your viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most
Recent Agenda” no sooner than the Friday prior to the hearing. Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy
February 25, 2025 The City Planning and Zoning Commission will hold a public hearing on requests from AKN Enterprises LLC and Dillon Drive Assoc.applications intersection. The City
Planning and Zoning Commission will hold a public hearing on requests from AKN Enterprises LLC and Dillon Drive Assoc.applications intersection.
District, to facilitate the Dillon North, Subdivision and future commercial development. parcels for drainage, utilities, and future development.District, to facilitate the Dillon
North, Subdivision and future commercial development. parcels for drainage, utilities, and future development.(719) 553
SS
at
at
from
s
2025,
,
You are welcome You are welcome
arch 12
.
M
3, Highway and Arterial Business 3, Highway and Arterial Business
--
for the approval of the following
for the approval of the following
Cesar Chavez Blvd. and Dillon Drive
Hwy 47/
and express your viewpoint concerning this
2, Industrial to B2, Industrial to B
--
the
of
subdivision of 33.85 acres into commercial lots, and subdivision of 33.85 acres into commercial lots, and
in person
north
Director
Please contact the planner listed below if you have questions. Please contact the planner listed below if you have questions.
of 21.848 acres from Iof 21.848 acres from I
Principal Planner
Principal Planner
, ,
,
Acting
,
generally locatedgenerally located north of the Hwy 47/Cesar Chavez Blvd. and Dillon Drive
339
s
2339
2
RezoneRezone-
, in City Council Chambers, 1 City Hall Pl, Pueblo, CO, in City Council Chambers, 1 City Hall Pl, Pueblo, CO.
-
Dillon North Subdivision,Dillon North Subdivision,
: :
:
1111
--
0808:
eritt Odom
--
Beritt Odom,
B
23
23
--
2323
--
ZZ(719) 553
February 25, 2025 The City Planning and Zoning Commission will hold a public hearing on requestAKN Enterprises LLC and Dillon Drive Assoc.applicationintersection. The Planning and Zoning
Commission meeting will be held on February 25, 2025 The City Planning and Zoning Commission will hold a public hearing on requests from AKN Enterprises LLC and Dillon Drive Assoc.applications
intersection. The Planning and Zoning Commission meeting will be held on March 12, 2025, 3:30 p.m.to attend this public hearing in person and express your viewpoint concerning this
proposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda” no sooner than the Friday prior to the
hearing. Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy
3:30 p.m.to attend this public hearingproposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda”
no sooner than the Friday prior to the hearing. Scott HobsonPlanning & Community DevelopmentBy (719) 553
District, to facilitate the Dillon North, Subdivision and future commercial development. parcels for drainage, utilities, and future development.District, to facilitate the Dillon North,
Subdivision and future commercial development. parcels for drainage, utilities, and future development.
S S
CASE NUMBER: S- 23-08
CERTIFICATION
I hereby certify that I did this day cause written notice of the public hearing on the proposed final
plat of the property commonly known as Dillon North Subdivision to be sent to the attached list
of owners of the real property lying within three hundred (300) feet of the said property on which
the final plat is proposed by depositing the same properly addressed and postage paid in the post
office, as set forth in the Code of Ordinances, Section 17-6-2.
___February 25, 2025______
(Date)
PUEBLO PLANNING & ZONING COMMISSION
By
Owner
OwnerOwner StreetOwner CityOwner Zip
State
STEVES SHEET METAL AND
ELECTRICAL L
2207 PERRY AVEPUEBLOCO81003-3820
GRICE LEONARD FLOYD307 E 39TH STPUEBLOCO81008-2101
GONZALES NICK RICHARD308 E 39TH STPUEBLOCO81008-2102
ANDERSON DANIELLE311 E 39TH STPUEBLOCO81008-2101
QUIMBY DONNA/QUIMBY CLYDE325 S CONQUISTADOR AVEPUEBLO WESTCO81007-3617
SPICOLA RONALD L/SPICOLA
KATHLEEN N
3813 PUEBLO MALL BLVDPUEBLOCO81008-2106
LADUKE GORDON ORVIL
JR/NANCY KAY/SH
3925 PUEBLO MALL BLVDPUEBLOCO81008-2108
DEPT OF HIGHWAYS STATE OF
COLORADO
5615 WILLS BLVD.PUEBLOCO81008-2108
AKN ENTERPRISE LLC
4308 ST ANDREWS DRPUEBLOCO81001-1165
UNION PACIFIC TRANS CO + C/O
PROPERTY TAX DEPT
1400 DOUGLAS ST STOMAHANE68179-1001
COLE WM PUEBLO LLC + C/O
WAL MART STORES INC
PO BOX 8050 MS05BENTONVILLEAR72712-8055
DILLON DRIVE ASSOCIATES LLC
PO BOX 65207LUBBOCKTX79464-5207
r ;
2373780 05/16/2025 09:42:31 AM
Page: 1 of 14 R 78.00 D 0.00 T 78.00
Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 kirdlire1ir111111 :IIIMI� +1I141r'AV �� � 11I 111
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on /1 5 , G202.5 , between the
CITY OF PUEBLO, a Municipal Corporation("City"), and
AKN Enterprises,LLC,a Colorado Limited Liability Company
("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
Dillon North 450isvNtsmi$
("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
+ �,F:.,,.,,;MkAiith,a„+sr n Ck*443n1;'.
2373780 05/16/2025 09.42:31 AM
Page. 2 of 14 R 78.00 D 0.00 T 78.00
Candace Rivera Clerk/Recorder. Pueblo County, Co
11111 N!rSIRP lay ��Nr'��h�:1h�'�i�������l' � 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.
{
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Candace Rivera Clerk/Recorder. Pueblo County, Co
!I 111% t?r 64,RMr Jhill)511410, 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
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Candace Rivera Clerk/Recorder, Pueblo County, Co
��iiii rilF3:1���1111 :�Wh li Writ r�Mi i 11111
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
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Candace Rivera Clerk/Recorder, Pueblo County, Co
tera Wei UMW 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-
7(j)(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.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
•III FM iht'IM 'UNI Lk 111111
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.
JANELLE YARBERRY AKN Enterprises, LLC, A Colorad Limited Liability Company
NOTARY PUBLIC
STATE OF COLORADO Subdivider
NOTARY ID 20214034812
(wymimisstoN EXPIRES SEP 01, 2025 By:
Avik Amin, Manager
By:
The foregoing instrument was acknowledged before me on ,/ o c. 5
020—25 , by A U t k. A r�k 1n , Subdivider.
My commission expires:
0
otary P 1c
CITY OF PUEBLO, a unicipal Corporation
i
By:
ayor of Pueblo, Colorado
ATTEST:
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Candace Rivera Clerk/Recorder , Pueblo County, Co
liii M1R IIMM+ii'M"INNAlliriiiiW !R Y4ri 11111
j.� City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this y day of
5 by ei -fir Cyr a-h WL/ , as
Mayor of Pueblo, Colorado, and v 111Ce_ koce as ity Clerk of the City of
Pueblo, Colorado.
Depull
Witness my hand and official seal.
My commission expires: I' `o— 2U2g
ALYSSA PARGA
[ SEAL ] Notary Public
State of Colorado N' tary lic
Notary ID#20094022062
APPROVED A 'on Ex ires 1 1-05-2028
`%
City Attorney
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Candace Rivera Clerk/Recorder, Pueblo County, Co
fill I ��!:�QI1�I�k4w'h�i�1'hY�lrrlt� 'I�h�k� ��'�I�rYi li ii,
Exhibit "A"
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,TOWNSHIP
20 SOUTH,RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF PUEBLO, STATE OF
COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT MARKED BY AN AXLE IN A RANGE BOX; THENCE S89°31'31"E A
DISTANCE OF 792.29 FEET TO A POINT ON THE RIGHT—OF—WAY LINE OF 40TH STREET, SAID POINT
BEING THE POINT OF BEGINNING;THENCE ON SAID RIGHT—OF—WAY LINE THE FOLLOWING FOUR
(4)COURSES:
1. NOO°28'46"E A DISTANCE OF 111.94 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 109°34'28", A RADIUS
OF
96.78 FEET, A DISTANCE OF 185.09 FEET TO A POINT OF TANGENT;
3. S70°54'18"W A DISTANCE OF 51.22 FEET;
4. S89°48'46"W A DISTANCE OF 147.64 FEET TO A POINT ON THE NORTHEASTERLY
RIGHTOF-WAY LINE OF DILLON DRIVE;
THENCE ON SAID RIGHT—OF—WAY LINE THE FOLLOWING FIVE(5)COURSES:
1. N26°25'24"W A DISTANCE OF 147.64 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 35°00'00",A RADIUS OF
856.30 FEET, A DISTANCE OF 523.08 FEET TO A POINT OF TANGENT;
3. N61°25'24"W A DISTANCE OF 58.12 FEET;
4. N63°53'34"W A DISTANCE OF 137.90 FEET;
5. N71°13°02"W A DISTANCE OF 43.58 FEET TO A POINT ON THE EASTERLY RIGHT—OF—
WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD;
THENCE N23°32'41"E ON SAID EASTERLY RIGHT—OF—WAY LINE A DISTANCE OF 468.55 FEET;
THENCE S66°54'44"E
A DISTANCE OF 1,065.17 FEET TO THE NORTHWEST CORNER OF THE DEED RECORDED IN BOOK
1842 AT PAGE
897 IN THE RECORDS OF COUNTY OF PUEBLO, STATE OF COLORADO; THENCE S00°25'23"E ON SAID
WESTERLY BOUNDARY LINE A DISTANCE OF 806.29 FEET; THENCE N89°30'34"W ON SAID SOUTH
LINE A DISTANCE OF 210.38 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 750,553 SQUARE FEET OR 17.230 ACRES. s;
TOGETHER WITH
�s.
A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP
20 SOUTH,
RANGE 65 WEST AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 20
SOUTH, RANGE
64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO,BEING
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hW��h 'i': � 1111
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT POINT MARKED BY AN AXLE IN A RANGE BOX AT THE EAST QUARTER CORNER
OF SECTION 13,
SAID POINT BEING THE POINT OF BEGINNING; THENCE NOO°25'23"W,ON THE EAST LINE OF SAID
SECTION 13 A
DISTANCE OF 60.01 FEET; THENCE S88°34'38"W,PARALLEL TO THE SOUTH LINE OF THE
NORTHEAST QUARTER
OF SECTION 13,A DISTANCE OF 465.35 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
OF THE DENVER
AND RIO GRANDE RAILROAD, SAID POINT BEING A POINT ON CURVE; THENCE ON THE ARC OF A
CURVE TO THE
RIGHT,WHOSE CENTER BEARS S75°47'26"E,HAVING A DELTA OF 09°20'07", A RADIUS OF 1,806.25
FEET A
DISTANCE OF 294.30 FEET TO A POINT OF TANGENT; THENCE CONTINUING ON SAID RIGHT-OF-
WAY
N23°32'41"E A DISTANCE OF 143.62 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF DILLON DRIVE; THENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF DILLON
DRIVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 40TH/STREET, THE FOLLOWING
EIGHT(8)COURSES:
1. S66°26'45"E A DISTANCE OF 118.16 FEET;
2. S73°31'50"E A DISTANCE OF 210.80 FEET;
3. S65°51'46"E A DISTANCE OF 64.09 FEET TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 39°01'16", A RADIUS
OF 426.14 FEET, A DISTANCE OF 290.22 FEET;
5. S26°24'11"W A DISTANCE OF 48.36 FEET; 6. S69°39'22"W A DISTANCE OF 70.19 FEET;
7. S45°32'06"W A DISTANCE OF 50.97 FEET;
8. S79°39'15"W A DISTANCE OF 140.34 FEET TO THE POINT OF BEGINNING.
CONTAINING,A CALCULATED AREA OF 201,177 SQUARE FEET OR 4.618 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW 'A OF THE SW 1/4 OF SECTION 18, TOWNSHIP 20
SOUTH,RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY AND COUNTY OF PUEBLO,
STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF DILLON DRIVE
AND THE
SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET FROM WHICH THE W 'A CORNER OF SAID
SECTION 18 BEARS N
89°10'34"W,(BEARING BASED ON THE WEST LINE OF THE NW 'A OF THE SW 'A OF SAID SECTION 18
FROM THE
NORTH RIGHT OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4 INCH
ALUMINUM
CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W 'A CORNER OF SAID SECTION 18
MONUMENTED WITH A
CONCRETE MONUMENT WITH A LEAD PLUG AND BRASS TACK IN A CAST IRON MONUMENT BOX
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 kir.hYl kii010:411FAIMf I ,I1V4Si i 111111
ASSUMED TO
BEAR N 01°34'40"W),A DISTANCE OF 490.98 FEET: THENCE EASTERLY ALONG SAID SOUTHERLY
RIGHT OF WAY LINE OF 40TH STREET AND 40TH STREET EXTENDED THE FOLLOWING TWO(2)
COURSES;
1. N 88°35'16" E, A DISTANCE OF 180.70 FEET;
2. S 89°30'34" E, A DISTANCE OF 318.48 FEET;
THENCE S 00°25'O1"E,A DISTANCE OF 621.50 FEET TO A POINT ON THE NORTHERLY LINE OF
COLORADO STATE
HIGHWAY NO. 47 AS DESCRIBED IN THAT"RULE AND ORDER"(R&O)CASE NO. 97-CV-538,
DIVISION D,DISTRICT
COURT,PUEBLO COUNTY,COLORADO AND FILED FOR RECORD JULY 6, 1999 AT RECEPTION
NUMBER 1287660 IN
THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER; THENCE WESTERLY AND
NORTHERLY ALONG
SAID NORTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 47 AND SAID
EASTERLY RIGHT OF WAY LINE OF DILLON DRIVE THE FOLLOWING SIX(6)COURSES;
1. S 83°44'03" W(S 83°44'53" W R&O), A DISTANCE OF 405.72 (405.69 R&O) FEET;
2. N 61°58'57" W (N 62°02'10" W R&O),A DISTANCE OF 40.82 (40.67 R&O) FEET;
3. N 26°28'24" W(N 26°27'56" W R&O),A DISTANCE OF 82.26 (82.28 R&O) FEET;
4. N 02°07'45"W (N 02°07'18" W R&O), A DISTANCE OF 200.08 (200.15 R&O) FEET;
5. N 04°40'40" W (N 04°40'31" W R&O), A DISTANCE OF 187.15 (187.09 R&O)FEET;
6. N 01°31'50" W (N 01°31'05" W R&O),A DISTANCE OF 184.83 (184.82 R&O)FEET; TO THE
POINT OF BEGINNING
CONTAINING A CALCULATED AREA OF 7.18 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF THE SW 1/4 OF SECTION 18,TOWNSHIP 20
SOUTH,RANGE 64 WEST OF THE
SIXTH PRINCIPAL MERIDIAN,CITY AND COUNTY OF PUEBLO, STATE OF COLORADO,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF DILLON DRIVE
AND THE
SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET FROM WHICH THE W 1/4 CORNER OF SAID
SECTION 18 BEARS N
85°59'52"W,(BEARING BASED ON THE WEST LINE OF THE NW 'A OF THE SW 'A OF SAID SECTION 18
FROM THE
NORTH RIGHT OF WAY ON COLORADO STATE HIGHWAY NO. 47 MONUMENTED WITH A 3 1/4 INCH
ALUMINUM
CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W 1/4 CORNER OF SAID SECTION 18
MONUMENTED WITH A
CONCRETE MONUMENT WITH A LEAD PLUG AND BRASS TACK IN A CAST IRON MONUMENT BOX #'
ASSUMED TO
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11111
BEAR N 01°34'40"W)A DISTANCE OF 322.88 FEET: THENCE SOUTHERLY AND WESTERLY ALONG
SAID WESTERLY
RIGHT OF WAY LINE OF DILLON DRIVE AND THE NORTHERLY RIGHT OF WAY LINE OF
COLORADO STATE
HIGHWAY NO. 47 AS DESCRIBED IN THAT"RULE AND ORDER"(R&O)CASE NO. 97-CV-538,
DIVISION D,DISTRICT
COURT, PUEBLO COUNTY,COLORADO AND FILED FOR RECORD JULY 6, 1999 AT RECEPTION
NUMBER 1287660 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER THE
FOLLOWING SEVEN(7)COURSES;
1. S 04°09'50" E (S 04°09'33" E R&O), A DISTANCE OF 133.97 (133.90 R&O) FEET;
2. S 00°20'04" W(S 00°20'27" W R&O), A DISTANCE OF 358.23 FEET;
3. S 05°09'42" E (S 05°15'27" E R&O), A DISTANCE OF 82.20(82.09 R&O)FEET;
4. S 44°07'09" W(S 44°09'41" W R&O),A DISTANCE OF 125.14 (125.34 R&O)FEET;
5. N 84°13'12" W (N 84°15'53" W R&O), A DISTANCE OF 65.20 (65.05 R&O)FEET;
6. S 36°27'0l" W(S 36°28'48" W R&O),A DISTANCE OF 31.35 FEET;
7. N 81°37'45" W, A DISTANCE OF 149.27 FEET;
TO A POINT ON THE WEST LINE OF THE NW 1/4 OF THE SW 'A OF SAID SECTION 18; THENCE N
01°34'40" W,
ALONG SAID WEST LINE,A DISTANCE OF 270.07 FEET; THENCE N 88°59'28"E,A DISTANCE OF 207.17
FEET;
THENCE N 02°38'18"W,A DISTANCE OF 388.22 FEET TO A POINT ON THE SAID SOUTHERLY RIGHT
OF WAY LINE OF 40TH STREET; THENCE S 89°33'10"E ALONG SAID SOUTHERLY RIGHT OF WAY
LINE,A DISTANCE OF 121.44 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3.01 ACRES.
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF THE NW ''A OF THE SW 'A OF SECTION 18,TOWNSHIP 20
SOUTH,RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY AND COUNTY OF PUEBLO,
STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET
AND THE WEST
LINE OF THE NW Vs OF THE SW 1/4 OF SAID SECTION 18 FROM WHICH THE W 'A CORNER OF SAID
SECTION 18
BEARS N 01°34'40"W,(BEARING BASED ON THE WEST LINE OF THE NW'A OF THE SW 'A OF SAID
SECTION 18
FROM THE NORTH RIGHT OF WAY ON COLORADO STATE HIGHWAY NO.47 MONUMENTED WITH A
3 1/4 INCH
ALUMINUM CDOT RIGHT OF WAY MARKER PLS NO. 30107 TO THE W 'A CORNER OF SAID SECTION
18
MONUMENTED WITH A CONCRETE MONUMENT WITH A LEAD PLUG AND BRASS TACK IN A CAST
IRON
MONUMENT BOX ASSUMED TO BEAR N 01°34'40"W)A DISTANCE OF 22.04 FEET; THENCE
EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF 40TH STREET THE FOLLOWING TWO
(2)COURSES;
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Candace Rivera Clerk/Recorder Pueblo County, Co
liii kir1 h'bilAIM Mi'MIXIVIIVYI'A 1111
1. N 88°02'36" E, A DISTANCE OF 48.64 FEET;
2. S 89°32'26" E, A DISTANCE OF 151.43 FEET;
THENCE S 02°38'18"E,A DISTANCE OF 388.22 FEET; THENCE S 88°59'28"W,A DISTANCE OF 207.17
FEET TO A POINT ON THE WEST LINE OF THE NW'/4 OF THE SW 'A OF SAID SECTION 18; THENCE N
01°34'40" W ALONG SAID WEST LINE,A DISTANCE OF 391.15 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1.82 ACRES.
ro
tsx
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�ry Candace Rivera Clerk/Recorder, Pueblo County, Co
L/ Z' 1111 NPIN MIIIPI libitritill0 IA 111111111117111111141141 .1 III
Ern=tao.
Dillon North Subdivision NOTE:OPINION OF PROBABLE COST BASED ON
PHASE:1 CITY OF PUEBLO CURRENT UNIT PICE LIST,WHERE
LOCATION:Corner of Dillon Drive and 40th Street APPLICABLE
ITEM NO. DESCRIPTION QUANTITY UNITS PUEBLO SIA COST PUEBLO SIA COST
UNIT PRICE TOTAL
4"Asphalt on 6"Base Course 2,766.00 SY $ 18.50 $ 51,171.00
6.5"Asphalt on 18"Base Course 1,407.00 SY $ 38.25 $ 53,817.75
Std.Curb(6"Reveal)&Gutter Pan(24") 4,357.00 LF $ 12.00 $ 52,284.00
7"Thick Concrete Square Pan Radius 1,742.00 SF $ 5.00 $ 8,710.00
Handicap Ramps 1,790.00 SF $ 4.00 $ 7,160.00
Tactile Band 16.00 EA $ 350.00 $ 5,600.00
8"diameter water main(including valves) 1,123.00 LF $ 35.00 $ 39,305.00
4"Concrete Sidewalk(8'Wide) 9,850.00 SF $ 3.00 $ 29,550.00
8"diameter sanitary sewer main 1,765.00 LF $ 35.00 $ 61,775.00
6"diameter sanitary sewer force main 2,120.00 LF $ 32.00 $ 67,840.00
48"diameter sanitary sewer manhole 13.00 EA $ 2,500.00 $ 32,500.00
Lift Station 1.00 EA $ 550,000.00 $ 550,000.00
18"diameter storm sewer pipe 206.00 LF $ 41.00 $ 8,446.00
24"diameter storm sewer pipe 642.00 LF $ 44.00 $ 28,248.00
60"diameter storm sewer manhole 5.00 EA $ 2,465.00 $ 12,325.00
Outlet Structure 2.00 EA $ 3,300.00 $ 6,600.00
CDOT type R sewer inlet(L=6') 2.00 EA $ 3,180.00 $ 6,360.00
Grading 21.60 CY $ 1,816.50 $ 39,236.40
Erosion Control-Silt Fence 2,732.00 LF $ 3.50 $ 9,562.00
Erosion Control-Rock Sock 7.00 EA $ 220.00 $ 1,540.00
Erosion Control-Storm drain inlet protection 28.00 EA $ 220.00 $ 6,160.00
Erosion Control-Vehicle tracking control 4.00 EA $ 800.00 $ 3,200.00
Street lights 3.00 EA $ 1,450.00 $ 4,350.00
Crosswalk/Stop Bar 1,164.00 SF $ 3.00 $ 3,492.00
Lane Lines 5,263.00 LF $ 1.35 $ 7,105.05
Traffic Signal 1.00 EA $ 200,000.00 $ 200,000.00
Arrows 24.00 EA $ 85.00 $ 2,040.00
TOTAL $ 1,298,377.20
LOCATION:Corner of Dillon Drive and 40th Street
f3
2373780 05/16/2025 09:42:31 RM
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Candace Rivera Clerk/Recorder, Pueblo County Co
Ill 1PlAW ti01 'h+,+111FIAINiD'���i�1�411�'�hf III
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Dillon North Subdivision
DEVELOPER:
ENGINEER: DKHorn Engineering and Design
Itemization of Required 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: Santino Trujillo
FIRM: DKHorn Engineering
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.
[P.E. SE to M,M
itie. K. 5*5 .Z5
- •E LCF� ir�,/ Professional Engineer Date
rt vol42686 0-5"- tit%
/ s
••4oN
' NA
REVIEWED BY: �-- 543JDirec or of Public Works te
DPW 101 g t,/4
August 2019
2373781 05/18/2025 09:42:31 AM
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Candace Rivera Clerk/Recorder, Puehlo County, Co
1111r111,11/1101111411111M11415014K1KKOI 1141114 111 111
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
This Addendum, made on this / day of , 2025, shall be
incorporated in and become apart of the Dillon North Subdivision Improvements Agreement for
1P p g
the Dillon North Subdivision(herein the"Subdivision") and enforceable as provided in said
Subdivision Improvements Agreement.
WHEREAS,the Dillon North Subdivision was approved on April 30, 2025 under
Ordinance No. 10939; and
WHEREAS, the Subdivider has submitted construction drawings for the Required Public
Improvements associated with the Subdivision and requested that the Subdivision Plat be
recorded at the earliest possible opportunity; and
WHEREAS,the Director of Public Works has reviewed, accepted and approved the
construction drawings with respect to Required Public Improvements for all lots within Block 2
of the Subdivision; and
WHEREAS, the Director of Public Works has reviewed the construction drawings and
provided conditional acceptance and approval with respect to Required Public Improvements for
Blocks 1 and 3 of the Subdivision;NOW THEREFORE,
1. The Director of Public Works agrees to record the Subdivision in accordance with
Section 12-4-5 (b), Pueblo Municipal Code.
2. Subdivider hereby acknowledges and agrees that, until the construction drawings for the
Required Public Improvements are fully approved and accepted by the Director of Public Works,
in his or her sole discretion, no building permits shall be issued for the lots and blocks specified
below:
Dillon North Subdivision
Block 1: Lots 1 and 2; and
Block 3: Lots 1, 2 and 3.
3. The covenants of this Addendum shall run with the land within the Subdivision and shall
extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and
their respective heirs, personal representatives, successors, and assigns. This addendum may be
specifically enforced against the Subdivider and subsequent owners of lots within the
Subdivision.
***SIGNATURE PAGE FOLLOWS***
1
atraaiem tg'`. 4146,�� €,.'to n 'S:#� a:k�g."`; "" _ b.�R'., .`'x3 abax s� t >y ." d $".. A 1 ,
2373781 05/16/2025 09:42:31 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
Executed at Pueblo, Colorado as of the date and year stated above.
PUEBLO,A MUNICIPAL CORPORATION
By
Heather aham, Mayor
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this I1t zi / 2oi-S by
Heather Graham as Mayor of the City of Pueblo, a Colorado Municipal Corporation.
Witness my hand and official seal. [ SEAL ]
My commission expires /o/O/07
Eilene Sample /�
NOTARY PUBLIC 210, W
STATE OF COLORADO Notary Public
NOTARY ID#20074038010
MY COMMISSION EXPIRES 10-10-2027
SUBDIVIDER
B C./
�j--�
Y
Avik Amin, Member
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this R /3, 27-4 by Avik
Amin as Member,AKN Enterprise, LLC of the City of Pueblo,a Colorado Municipal Corporation.
Witness my hand and official seal. [ SEAL ]
My commission expires /9047
Eilene Sample
NOTARY PUBLIC
FATE OF COLORADO
iOTARY ID#20074038010
2 \R!SSION EXPIRES 10-10-2027
2373782 05/16/2025 09.42:31 AM
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.andace Rivera Cterk/Recorder, Pueblo County, Co
■IIIMiYi 3il1'Il4'h KI��103ION 11I II 1
EASEMENT AND RIGHT OF WAY
THIS EASEMENT,granted this , I day of Apr; I ,2025,byAKNEnterprise,
LLC, a Colorado limited liability company, Grantot, to the City of Pueblo, a Colorado municipal
corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable
consideration paid by the Grantee,receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee,its successors and assigns,an easement and right of way for the purpose of unobstructed public
ingress/egress upon, through, and across Grantor's property situated in Pueblo County, Colorado, and
described as follows: (the "Property")
See Exhibits "A" and"B"
TOGETHER WITH the right to enter upon the Property for the purposes of constructing a driveway
and to provide public ingress/egress and the right to use so much of the adjoining property of Grantor for
said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not
inconsistent with the right and privilege above granted and which will not interfere with or endanger any
of Grantee's equipment or facilities therein or use thereof. Following construction of driveway
improvements by Grantee,Grantor shall maintain andkeep said improvements in good repairin compliance
with applicable ordinances and standards of the City. Such reservation by the Grantor shall in no event
include the right of the Grantor to locate or erect or cause to be located or erected on the Property any
building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor(a)has good and sufficient right and title in and to the
Property and full power to grant this easement and right-of-way,and(b)will defend Grantee's quiet and
peaceful possession of the Property and easement and right-of-way against all persons who may lawfully
claim title to the property.
"Grantee"shall include the plural and the feminine. This Easement and Right of Way shall be
binding upon,and shall inure to the benefit of the heirs,personal representatives,successors,and assigns
of the Grantor and Grantee.
SIGNED this gi day of A rr i I ,2025.
GRANTOR „
By: (z., ✓
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged beforemy this .,I day of Ai,r i I ,2025,
by Avik Ar -;rt
Witness my hand and official seal.
My commission expires: 9- I- 2.b,.5
(SEAL)
JANELLE YARBERRY No Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214034812
MY COMMISSION EXPIRES SEP 01,2025
�.a A2 .u.- k .,_,n+.xv. ..,a,._ »,.✓_';t _.. ..... n. ..-,1-. «....tk,., <.>., .,. .. .,`,rr.., .ti+�i: ,.,. ,a....t ._.. , _.. n< r=M,,,,... ....� ...< ..,..r..�.. ., .�., ...,§,.. .5._a� wi+ ..kv.1,3., s.�n�
2373782 05/16/2025 09:42:31 AM
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Candace Rivera Clerk/Recorder, Pueblo County. Co
•IIIlediR' tiI'w'117h11�W+ 1N1/1 11111'1 #tiYk1110 111IIII
EXHIBIT"A"
A 26'wide easement for public access and public utilities within a portion of Lot 2, Block 3,
Dillon North Subdivision as recorded in the office of the county clerk and recorder of
Pueblo County, State of Colorado and more particularly described as follows:
Commencing at the northwest corner of said Lot 2, Block 3, Dillon North Subdivision;
thence S01°34'40"E, along the west lot line of Lot 2, a distance of 220.40'to the POINT OF
BEGINNING;thence N88°25'20"E, a distance of 88.49' more or less to a point on the west
line of the public access and public utility easement as recorded on the said plat of Dillon
North Subdivision;thence S01°34'40"E, along the west line of the public access and public
utility easement, a distance of 26.00';thence S88°25'20"W, a distance of 88.49'more or
less to a point on the west line of Lot 2,thence N01°34'40"W, along the west line of Lot 2, a
distance of 26.00',to the POINT OF BEGINNING.
Easement containing a calculated area of 2,300.74 square feet.
2373782 05/16/2025 09:42:31 AM
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Candace Rivera Clerk/Recorder, Pueblo County. Co
lIII FilitiR'rlrll rIN'i&1rirt'i ill;1411/4011CIIMINVI IA 1I III
EXHIBIT "B"
I P.O.C.
1 E. 40TH STREET
I
I DILLON NORTH SUBDIVISION I
z 6 I I I I
10
vt w I-
> o
\ 1
CO Q CV
N
vDi a-r- I LOT 1 II
Tr I
az IM I
w o LOT 2 I
w w (A
cr cr)
I LA-
7
1 I
' Z0 I
I
P.O.B. I
— — N88'25'20"E 88.49' w
39TH ST o�jLOT 2 1
MN / A::4zS88'25'20"W 88.49 cn
7EXISTING PUBLIC ACCESS AND w
I PUBLIC UTILITY EASEMENT >
c
I 0
I) 7 11 I Z
I1 I 0
1
0 l BLOCK 3 0
0o I 1
1
1
g1NSj
3
vpC 0 1
LOT 3 1
REMNANT PARCEL WITHIN
NORTH FREEWAY SUBDIVISION
SECOND FILING 1
PUEBLO COUNTY PARCEL NO. I
05-130-18-014
-- ---
_J
•
2373783 05/15/2025 09:42:31 AM
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Candace Rivera Clerk,Recorder Pueblo County, Co
1111 rialliiiiiiicillibliti441111141If 011.1Mad ii II 111
STORMWATER FACILITY MAINTENANCE
AGREEMENT
This Stormwater Maintenance Agreement is entered into this ? day of ✓ 1 -ci-N
20.ff,by and between Pueblo,a municipal corporation("the City")and j4KN Enterprises, LLC
(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:
Lots 1,2,3,4,and 5,Block 2,Dillon North Subdivision, being a portion of the Northwest
Quarter of the Southwest Quarter of Section 18,Township 20 South, Range 64 West of the
Sixth Principal Meridian,City and County of Pueblo,State of Colorado.
and more commonly known as Lots 1,2,3,4,and 5,Block 2, Dillon North Subdivision (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("0&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
1. 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 0&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 0&M Manual
for the Facilities.
SFMA
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 r.rI' ' !4ag'I �I� � rIntkffIC44 111I!
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 l' of the following year.The inspection report shall be in accordance
with the requirement set forth in the 0&M Manual.
c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to
the City pursuant to the 0&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.
5. 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.
7. 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.
SFMA
10/04/23
r R
tS�"/YC x�*�^'e Cxn�%#.u...a a+�,.,:...��?'irl�...,r,,..�,k..,��,..,,.L-r,a �.„aa�:.��,c.�9m.,sr, �b�Y.��^:x, ia..-v�✓„nxra�,..z n ,r..�.r_>.�...,.�„S��e,+.�„w�f.�3 ,..-..�,.. ..� a,.m�.' s..�,.'.....d.,.W,�, r A,sa,�,v�.-,d,kx..S.�.,vJ�,�s3a:.'su �a
........... ..........._.._....
2373783 05/16/2025 09:42:31 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
uvi FA' MA IIII 'ECM W M CO Mr'010Y64 11111
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.
The City shall have the right to take any legal action necessary to collect said amounts,and any such
owner shall be responsible for all reasonable costs of collection,including attorney's fees,and accrued
interest. The City's rights and remedies hereunder shall be in addition to any rights,remedies or
enforcement authority under applicable law and City Ordinance including but not limited to§16-12-10,
PMC.
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(0&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 0&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 terms of the Agreement,the prevailing
party shall be entitled to its reasonable costs and attorney fees.
SFMA
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 11111110.11.11 IN rah/M11L01V1101110 111111
IN WITNESS WHEREOF,the City and the Owner have executed this Agreement on the date set forth
above.
CITY:
By:
Director of Stormwater,City of Pueblo,Colorado(§16-12-10(d),P.M.C.)
as to Form:
ity Attorney,City of Pueblo,Colorado
OWNER:
AKN Enterprises, LLC ,a Limited Liability Corporation J (corp/llc, indicate)
By: C6
,as �feSi�CY1`�
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.
SFMA
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 Mir r1.24j 1'i'h I+kilt kill corwolic sI II I
ACKNOWLEDGEMENT
radii
a limited liability company)
STATE OF Q)I O )
to ) ss.
COUNTY OF P t )
The foregoing instrument was acknowledged before me this 3-3-25 by .wik (name
of manager(s))as manager(s)of AKA) Erg .r riyz (name of limited liability company)a
(state of organization), limited liability company.
Witness my hand and official seal.
My commission expires: 9-I-2-015
(SEAL) 46-4-Lfdit
Notary Public(or official title)
1.
JANELLE YARBERRY
NOSTATE PUBLICARY
EOF COLORADO
NOMY COMMISSION EXPIRES SEP 01, 2025
SFMA
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Candace Rivera Clerk/Recorder, Pueblo County, Co
III IVETII1:fi,WIi1:I'm 1111111
STORMWATER FACILITY MAINTENANCE
AGREEMENT
This Stormwater Maintenance Agreement is entered into this 3 day of .%(u,rc.i
202 '5,by and between Pueblo,a municipal corporation("the City")and tkKN Enterprises, LLC I
(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:
Lots 1,2, 3, and Parcel B, Block 3, Dillon North Subdivision, being a portion of the
Northwest Quarter of the Southwest Quarter of Section 18,Township 20 South, Range 64
West of the Sixth Principal Meridian, City and County of Pueblo, State of Colorado.
•
and more commonly known as Lots 1,2, 3,and Parcel B, Block 3, Dillon North Subdivision(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("0&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
I. 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 0& 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 0&M Manual
for the Facilities.
SFMA
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11!!11MilakilailAth')10161: N 111111
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 1"of the following year.The inspection report shall be in accordance
with the requirement set forth in the 0&M Manual.
c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to
the City pursuant to the 0&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.
5. 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.
7. 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.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
«ilia filial III
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.
The City shall have the right to take any legal action necessary to collect said amounts,and any such
owner shall be responsible for all reasonable costs of collection,including attorney's fees,and accrued
interest. The City's rights and remedies hereunder shall be in addition to any rights,remedies or
enforcement authority under applicable law and City Ordinance including but not limited to§16-12-10,
PMC.
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(0&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 0&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 terms of the Agreement,the prevailing
party shall be entitled to its reasonable costs and attorney fees.
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Candace Rivera Clerk/Recorder, Pueblo County; Co
lIII l trrI INIFI:MIIV ITA4IAFtll li41 1.14, 11111
IN WITNESS WHEREOF,the City and the Owner have executed this Agreement on the date set forth
above.
CITY:
By:
Director 4
y:
Director of Stormwater,City of Pueblo, • •rado(§16-12-10(d),P.M.C.)
d as to Form:
City Attorney,City of Pueblo,Colorado
OWNER:
14KN Enterprises, LLC ,a 'imited Liability Corporation I (corp/Ilc, indicate)
By:
as rl`eSt Jcn4-
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.
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Ca,dace Rivera Clerk/Recorder, Pueblo County, Co
,II!1 aRTEPIT1410, 1:I145031A151' lifiltYh 111111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF C0 10 ('a-d6 )
ss.
COUNTY OF P (/0 )
The foregoing instrument was acknowledged before me this 3'3-2S by (name
of manager(s))as manager(s)of (name of limited liability company)a
(state of organization),limited liability company.
Witness my hand and official seal.
My commission expires: q-I^2OZ5
(SEAL)
Notary Public(or official title)
JANELLE YARBERRY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214034812
MY COMMISSION EXPIRES SEP 01, 2025
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