Loading...
HomeMy WebLinkAboutCARRIAGE AUTO SERVICE SHOP - Filed S-SUBDIVISION PLAT - 2004-03-25M M N 1s Ln ri A PLAT OF: CARRIAGE AUTO SERVICE SHOP A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, T7N, R68W, OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. VICINITY MAP Not to Scale NOTICE OF OTHER DOCUMENTS ALL PERSONS TAKE NOTICE THAT THE DEVELOPER AND/OR OWNER HAS EXECUTED CERTAIN DOCUMENTS PERTAINING TO THIS DEVELOPMENT WHICH CREATE CERTAIN RIGHTS AND OBLIGATIONS OF THE DEVELOPMENT, THE DEVELOPER AND/OR SUBSEQUENT OWNERS OF ALL OR PORTIONS OF THE DEVELOPMENT SITE, MANY OF WHICH OBLIGATIONS CONSTITUTE PROMISES AND COVENANTS WHICH RUN WITH THE LAND. THE SAID DOCUMENTS MAY ALSO BE AMENDED FROM TIME TO TIME AND MAY INCLUDE, WITHOUT LIMITATION, THE DEVELOPMENT AGREEMENT, SITE AND LANDSCAPE COVENANTS, FINAL SITE PLAN, FINAL LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS, WHICH DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK OF THE CITY OF FORT COLLINS AND SHOULD BE CLOSELY EXAMINED BY ALL PERSONS INTERESTED IN PURCHASING ANY PORTION OF THE DEVELOPMENT SITE. BASIS OF BEARING CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 31 AS HAVING AN ASSUMED BEARING OF S69-49'58"E (LINES BEING MARKED BY MONUMENTS SHOWN ON THIS PLAT) WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. APPLICANT ENGINEER/SURVEYOR PARAGON POINT PARTNERS, LIMITED PARTNERSHIP TST, INC., CONSULTING ENGINEERS A COLORADO LIMITED PARTNERSHIP 748 WHALER'S WAY, BUILDING D FORT 1 OLD TOWN SQUARE #301 COLLINS, CO 80525 FORT COLLINS, CO 80524 NOTES 1, THE LEGAL DESCRIPTION PROVIDED HEREON IS BASED ON THE LOCATION OF FOUND MONUMENTS IN RELATION TO THE CITY OF FORT COLLINS GROUND MASTER COORDINATES. THE RESULTANT BEARINGS ARE DIFFERENT THAN THOSE BEARINGS RECORDED ON THE PLAT OF HORSETOOTH EAST BUSINESS PARK P.U.D., SECOND FILING, RECORDED AT RECEPTION NO. 99040081, DESCRIBED BY THE FOLLOWING EQUATION: BEARINGS ON THIS PLAT = BEARINGS ON THE PLAT OF HORSETODTH EAST BUSINESS PARK P.U.D., SECOND FILING + 00'13'02". 2, FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -OF -WAY, OR TITLE OF RECORD, TST, INC. RELIED ON TITLE COMMITMENT NO. ENO 197889 PREPARED BY NORTH AMERICAN TITLE CO., EFFECTIVE FEBRUARY 26, 2003. AT 7:30 A.M. THIS DOES NOT CONSTITUTE A TITLE SEARCH BY TST, INC. 3. 20' EXISTING PUBLIC SERVICE UTILITY EASEMENT, BOOK 2201, PAGE 1240. FALLS WITHIN PROPOSED RIGHT-OF-WAY. NOT SHOWN ON THIS PLAT. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. NOTICE: ALL RESPONSIBILITIES AND COSTS OF OPERATION, MAINTENANCE AND RECONSTRUCTION OF THE PRIVATE STREETS AND/OR DRIVES LOCATED ON THE PRIVATE PROPERTY THAT IS THE SUBJECT OF THIS SUBDIVISION PLAT SHALL BE BORNE BY THE OWNERS OF SAID PROPERTY, EITHER INDIVIDUALLY, OR COLLECTIVELY, THROUGH A PROPERTY OWNERS' ASSOCIATION, IF APPLICABLE. THE CITY OF FORT COLLINS SHALL HAVE NO OBLIGATION OF OPERATION, MAINTENANCE, OR RECONSTRUCTION OF SUCH PRIVATE STREETS AND/OR DRIVES NOR SHALL THE CITY HAVE ANY OBLIGATION TO ACCEPT SUCH STREETS AND/OR DRIVES AS PUBLIC STREETS OR DRIVES. STATEMENT_ OF OWNERSHIP AND SUBDIVISION: KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING THE OWNERS OF THE FOLLOWING DESCRIBED LAND: LEGAL DESCRIPTION_ H NORTHEAST UARTER OF F THE SOUTH OLLIN TECH CENTER LOCATED IN THEQ A PARCEL OF LAND BEING A PORTION 0 E SOU C S EC SECTION 31, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER 0F HORSETOOTH EAST BUSINESS PARK P.U.D. SECOND FILING AS RECOR DED AT RECEPTION NO. 99040081 IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE, THENCE ALONG THE EASTERLY BOUNDARY OF SAID HORSETOOTH EAST BUSINESS PARK P.U.G. SECOND FILING THE FOLLOWING FIVE () COURSES; RECORDED A N 7 6 FEET N 1' 7. 6 FEET PREVIOUSLY ECO DED S 2C 56 03 E 3 .9 1) 2 09 OS E, 3 9 ( , 2) 22FEET,12 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 A CENTRAL ANGLE OF 21-07-39" AND A CHORD WHICH BEARS N10'35'16"E, 22,00 FEET (CHORD PREVIOUSLY RECORDED AS N10'22'14"E, 22.00 FEET); 3) NOO'01'26"E, 116.90 FEET (PREVIOUSLY RECORDED AS N00'11'36"W, 116.90 FEET): 4) 50.92 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 44'53'05" AND A CHORD WHICH BEARS N22'27'56"E, 49.63 FEET (CHORD PREVIOUSLY RECORDED AS N22'14'56"E, 49.63 FEET); 5) N44-54'31"E, 0.83 FEET (PREVIOUSLY RECORDED AS N44'41'29"E, 0,83 FEET) TO A POINT ON THE SOUTHWESTERLY N 99050102 IN THE PARK P THIRD FILING A RECORDED AT RECEPTION0. BOUNDARY OF HORSETOOTH EAST BUSINESS P.U.D., D L G S LARIMER COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID HORSETOOTH EAST BUSINESS PARK P.U.D., THIRD FILING THE FOLLOWING FIVE (5) COURSES: 1) S45-05'29"E, 7.47 FEET (PREVIOUSLY RECORDED AS S45'18'31 "E); FEET, A CENTRAL ANGLE OF F A RV T THE LEFT HAVING A RADIUS OF 65.00 EE CE 2 50.92 FEET ALONG THE ARC 0 CURVE 0 44'53'05", AND A CHORD WHICH BEARS S67'32'01"E, 49.63 FEET (PREVIOUSLY RECORDED AS S67'45'03"E, 49.63 FEET); 3) S89-58'34"E, 97.23 FEET (PREVIOUSLY RECORDED AS N89'46'24"E, 97.23 FEET); 4) S00'08 02"W, 30,00 FEET (PREVIOUSLY RECORDED AS SOO.05.00"E, 30.00 FEET); 5) S89'58'34"E, 22.50 FEET (PREVIOUSLY RECORDED AS N89-41I TO A POINT 50.00 FEET WEST OF THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF TIMBERLINE ROAD AS SHOWN ON A SURVEY OF HORSETOOTH EAST BUSINESS PARK P.U.D., SECOND FILING RECORDED AT RECEPTION NO. 2001091139 IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE; THENCE PARALLEL TO AND FIFTY FEET WEST OF SAID EAST LINE, S00'08'02"W, 166.58 FEET (PREVIOUSLY RECORDED AS S00'0500"E) TO A POINT ON THE EXTENDED NORTH LINE OF CARRIAGE AUTO WASH P.U.D. AS RECORDED AT RECEPTION NO. 95062765 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ALONG SAID NORTH LINE N89'51'58"W, 207.76 FEET (PREVIOUSLY RECORDED AS S89-55'00"W) TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.86 ACRES (37,676 SQUARE FEET) MORE OR LESS. THE UNDERSIGNED HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED AND SUBDIVIDED INTO LOTS, TRACTS AND STREETS AS SHOWN ON THIS PLAT TO BE KNOWN AS CARRIAGE AUTO SERVICE SHOP, SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY NOW OF RECORD OR EXISTING OR INDICATED ON THIS PLAT. CERTIFICATE OF DEDICATION THE UNDERSIGNED DOES HEREBY DEDICATE AND CONVEY TO THE CITY OF FORT COLLINS FOR PUBLIC USE, FOREVER, THE STREETS AND EASEMENTS AS LAID OUT AND DESIGNATED ON THIS PLAT; PROVIDED, HOWEVER, THAT: 1) ACCEPTANCE BY THE CITY OF THIS DEDICATION OF EASEMENTS DOES NOT IMPOSE UPON THE CITY A DUTY TO MAINTAIN THE EASEMENTS SO DEDICATED; AND 2) ACCEPTANCE BY THE CITY OF THIS DEDICATION OF STREETS DOES NOT IMPOSE UPON THE CITY A DUTY TO MAINTAIN THE STREETS SO DEDICATED UNTIL SUCH TIME AS THE PROVISIONS OF THE MAINTENANCE GUARANTEE HAVE BEEN FULLY SATISFIED, SURVEYOR'S STATEMENT I PAUL F. KLEMPERER, A COLORADO REGISTERED PROFESS CNAL LAND SURVEYOR, E 0R 00 HEREBY STATE THAT THIS SUBDIVISION PLAT WAS PREPARED FROM AN ACTUAL SURVEY UNDER MY PERSONAL SUPERVISION, THAT THE MONUMENTATION AS INDICATED HEREON WERE FOUND OR SET AS SHOWN, AND THAT THE FOREGOING PLAT IS AN ACCURATE REPRESENTATION THEREOF, ALL OF THIS TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, DATE: PAUL F. KLEMPERER Colorado Registered Professi No. 33193 11 MAINTENANCE GUARANTEE THE UNDERSIGNED, HEREBY WARRANTS AND GUARANTEES TO THE CITY OF FORT COLLINS, FOR A PERIOD OF TWO (2) YEARS FROM THE DAIS OF COMPLETION AND FIRST ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS WARRANTED HEREUNDER, THE FULL AND COMPLETE MAINTENANCE AND REPAIR OF THE IMPROVEMENTS CONSTRUCTED UNDER THE AUTHORITY OF THIS PLAT. THIS WARRANTY AND GUARANTEE IS MADE IN ACCORDANCE WITH THE CITY OF FORT COLLINS LAND USE CODE AND/OR THE THIS GUARANTEE APPLIES T THE STREETS AND ALL OTHER AND USE REGULATIONS AS APPLICABLE, S GU 0 TRANSITIONAL L APPURTENANT STRUCTURES AND AMENITIES LYING WITHIN THE RIGHTS -OF -WAY, EASEMENTS AND OTHER PUBLIC PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CURBING, SIDEWALKS, BIKE PATHS, DRAINAGE PIPES, CULVERTS, CATCH BASINS, DRAINAGE DITCHES AND LANDSCAPING, ANY MAINTENANCE AND/OR REPAIR REQUIRED ON UTILITIES SHALL BE COORDINATED WITH THE OWNING UTILITY COMPANY OR DEPARTMENT. THE UNDERSIGNED SHALL MAINTAIN SAID IMPROVEMENTS IN A MANNER THAT WILL ASSURE COMPLIANCE ON A CONSISTENT E BASIS WITH ALL CONSTRUCTION STANDARDS, SAFETY REQUIREMENTS AND ENVIRONMENTAL PROTECTION REQUIREMENTS OF THE CITY. THE UNDERSIGNED SHALL ALSO CORRECT AND REPAIR, OR CAUSE TO BE CORRECTED AN D REPAIRED, ALL DAMAGES TO SAID IMPROVEMENTS RESULTING FROM DEVELOPMENT -RELATED OR BUILDING -RELATED ACTIVITIES, IN THE EVENT THE AY AFTER WRITTEN NOTICE THEREOF THEN SAID FAILS T CORRECT ANY DAMAGES WITHIN THIRTY 30 DAYS E E 0 CE UNDERSIGNED LS 0 CO C DAMAGES MAY BE CORRECTED BY THE CITY AND ALL COSTS AND CHARGES BILLED TO AND PAID BY THE UNDERSIGNED. THE CITY SHALL ALSO HAVE ANY OTHER REMEDIES AVAILABLE TO IT AS AUTHORIZED BY LAW. ANY DAMAGES WHICH OCCURRED PRIOR TO THE END OF SAID TWO (2) YEAR PERIOD AND WHICH ARE UNREPAIRED AT THE TERMINATION OF SAID PERIOD SHALL REMAIN THE RESPONSIBILITY OF THE UNDERSIGNED. REPAIR GUARANTEE IN CONSIDERATION OF THE APPROVAL OF THIS FINAL PLAT AND OTHER VALUABLE CONSIDERATION, THE UNDERSIGNED DOES HEREBY AGREE TO HOLD THE CITY OF FORT COLLINS, COLORADO, HARMLESS FOR A FIVE (5) YEAR PERIOD, COMMENCING UPON THE DATE OF COMPLETION AND FIRST ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS CONSTRUCTED UNDER THE AUTHORITY OF THIS PLAT, FROM ANY AND ALL CLAIMS, DAMAGES, OR DEMANDS ARISING ON ACCOUNT OF THE DESIGN AND CONSTRUCTION OF PUBLIC IMPROVEMENTS OF THE PROPERTY SHOWN HEREIN; AND THE OWNER FURTHERMORE COMMITS TO iH R A STREETS, FILLS PAIR T SAID PUBLIC IMPROVEMENTS TO INCLUDE WITHOUT LIMITATION,E ROADS, S MAKE NECESSARY REPAIRS O S D C A AN RI WITHIN THE RIGHT-OF-WAY EASEMENTS EMBANKMENTS, DITCHES, CROSS PANS, SUB DRAINS, CULVERTS, WALLS D BRIDGES E G AND OTHER PUBLIC PROPERTIES, RESULTING FROM FAILURES CAUSED BY DESIGN AND/OR CONSTRUCTION DEFECTS. THIS AGREEMENT TO HOLD THE CITY HARMLESS INCLUDES DEFECTS IN MATERIALS AND WORKMANSHIP, AS WELL AS DEFECTS CAUSED BY OR CONSISTING OF SETTLING TRENCHES, FILLS OR EXCAVATIONS. FURTHER, THE UNDERSIGNED WARRANTS THAT HE/SHE OWNS FEE SIMPLE TITLE TO THE PROPERTY SHOWN HEREON AND AGREES THAT THE CITY OF FORT COLLINS SHALL NOT BE LIABLE TO THE UNDERSIGNED OR HIS/HER SUCCESSORS IN INTEREST DURING THE WARRANTY PERIOD, FOR ANY CLAIM OF DAMAGES RESULTING FROM NEGLIGENCE IN EXERCISING ENGINEERING TECHNIQUES AND DUE CAUTION IN THE CONSTRUCTION OF CROSS DRAINS, DRIVES, STRUCTURES OR BUILDINGS, THE CHANGING OF COURSES OF STREAMS AND RIVERS, FLOODING FROM NATURAL CREEKS AND RIVERS, AND ANY OTHER MATTER WHATSOEVER ON PRIVATE PROPERTY. ANY AND ALL MONETARY LIABILITY OCCURRING UNDER THIS PARAGRAPH SHALL BE THE LIABILITY OF THE OWNER. I FURTHER WARRANT THAT I HAVE THE RIGHT i0 CONVEY SAID LAND ACCORDING TO THIS PLAT. THE OBLIGATIONS OF THE UNDERSIGNED PURSUANT TO THE "MAINTENANCE GUARANTEE" AND "REPAIR GUARANTEE" PROVISIONS SET FORTH ABOVE MAY NOT BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY UNLESS THE WARRANTED IMPROVEMENTS ARE COMPLETED BY, AND A LETTER OF ACCEPTANCE OF THE WARRANTED IMPROVEMENTS IS RECEIVED FROM THE CITY BY, SUCH OTHER PERSON OR ENTITY, Witness my hand and seal this r day of 2004. OWNER: PARAGON POINT PARTNERS, LIMITED PARTNERSHIP; BY: TRUSTAR, INC., A COLORADO CORPORATION, AS GENERAL PARTNER: BY: A'� / C, , / il.P t-ee� BYRON R. COLLINS PRESIDENT STATE OF COLORADO) SS:) COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this day of 2004, by Byron R. Collins, as President of Trustor, Inc., a Colorado Corporation, the 4enerol partner of Paragon Point Partners Limited Partnership, Witness my hand and official seal. My commission expires: 1k - l Lwu _ �• r a ! r 1 ATTORNEYS CERTIFICATE I hereby certify that this Subdivision Plat has been duly executed as required pursuant to 223(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Subdivision Plat on behalf of a corporation or other entity ore duly authorized signatories under the laws of the State of Colorado. This Certification is based upon the records of the Clerk and Recorder of Lorimer County, Colorado as of the date of execution of the plot and other information discovered by me through reasonable inquiry and is limited as quthorizedby Section 2.2.3(C)(3)(f) of the Lord Use Code. Attorney Address: I �7 S• n�V`� t'� wort �4y1�, FORt �^ Registration No.: Z-3317 v CSip APPROVED AS TO FORM, CITY ENGINEER By the City Engineer of the City of Fort Collins, Colorado, on this .., r•iLl day of &Ip(rVA 2004. C� n,• ► 1 C City Engineer PLANNING APPROVAL s� S m DRAWN RCR CHECKED JSV DESIGNED _ E ILENAME 121 _plat.dwg 5 a TST, INC. Consulting Engineers JOB N0. By the Director Of Planning, the City of Fort Collins, Colorado, on this 0695-121 eft_ day of VI.Ai 2004. SCALE NO SCALE DATE ECTOR OF PLANNINGMXI� 1/22/04 SNe EI 1 of 2 L-D'1) 415f.) N1 ti M N ci