HomeMy WebLinkAboutFLATS AT THE OVAL - Filed S-SUBDIVISION PLAT - 2010-10-28FLATS AT THE
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FLATS AT THE OVAL
BEING A REPLAT OF LOTS 1, 7, AND THE SOUTH HALF OF LOT 2, BLOCK 96, HARRISON'S ADDITION TO THE CITY OF FORT COLLINS,
LOCATED IN THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO
STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all men by these presents, that the undersigned, being owners of the following described land:
A tract of land located in the Northeast Quarter of Section 14, Township 7 North, Range 69 West of the
6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more
particularly described as follows:
Lots 1, 7 and the South half of Lot 2, Block 96, Harrison's Addition to the City of Fort Collins, County
of Larimer, State of Colorado.
Which above described tract contains 36,066 square feet or 0.828 acres, more or less.
Have caused the above described land to be surveyed and subdivided into lots, tracts and streets as
shown on this plat to be know as FLATS AT THE OVAL, 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, Colorado, for public use,
forever, the streets and public 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 streets so dedicated until such time as the provisions of the
Maintenance Guarantee have been fully satisfied.
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City of Fort Collins, for a period of two (2) years
from the date 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 Transitional Land Use Regulations, as applicable. This guarantee applies to the streets
and all other 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 Developer shall maintain said improvements in a manner that will assure compliance on a
consistent basis with all construction standards, safety requirements and environmental protection
requirements of the city. The Developer shall also correct and repair, or cause to be corrected and
repaired, all damages to said improvements resulting from development -related or building -related
activities. In the event the Developer fails to correct any damages within thirty (30) days after written
notice thereof, then said damages may be corrected by the city and all costs and charges billed to and
paid by the Developer. 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 Developer 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
Developer furthermore commits to make necessary repairs to said public improvements, to include,
without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub -drains, culverts, walls
and bridges within the right-of-way, easements 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 Owner warrants that it owns fee simple title to the property shown hereon and the
Developer and the Owner agree that the City of Fort Collins shall not be liable to the undersigned or its
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 Developer. The Developer and the Owner further
warrant that they have the right to 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.
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
convenants 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.
OWNER: Colorado Delta Association of Sigma Alpha Epsilon, A Colorado Non Profit
Corporation, 3801 Automation Way, Suite 200, Fort Collins, CO 80525
BY: DATE: ^ ZZ "CYO
David Stewart, President
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
DEVELOPER: Flats at the Oval, LLC
By Its Manager
BP Laurel, LLC
BY: // DATE: -f-,)D ®9
Kevin Brinkman, Manager
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this, -"day of 1V6-i 2009.
by }cP G u t as v r r,1 Pn .� of ('� �0 rc��10Q ; l ' c ✓ 4 The foregoing instrument Xvgs acknowledged before me thisday of ) C` 2009.
by 1 as {b lc, rim �r of ? i� 1 n vc E L C
Witness my hand and official seal.
Witness my hand and official seal.
My commission expires:
Notary Public
BY: i c-z — DATE: 4 yi c
Lee W. Joslyn, Tr asr
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this_�_Lday of J / .12009.
by as
of
I 1
Witness my hand and official seal.
My commission expires: I • -
Notary Public
9
My commission expires: 6
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E• �_I F�•vwlc � �
Notary Public
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My caMWAaM EXOM Aug n. 20M
LIENHOLDER: FirstBank of Northern Colorado
BY: DATE: C>�
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this —day of
by as of
Witness my hand and official seal.
My commission expires:
Notary Public
CITY OF FORT COLLINS NOTE:
There shall be no private conditions, covenants or restrictions that prohibit or limit the installation of resource conserving equipment
or landscaping that are allowed by Sections 12-120 - 12-122 of the City Code.
SURVEYOR'S STATEMENT:
I, Gerald D. Gilliland, a Colorado Registered Professional Land Surveyor, do 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 forgoing plat is an accurate representation thereof, all this to the best of my knowledge, information and belief.
Gerald D. Gilliland
Colorado Registered Professional Land Surveyor # 14823
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ATTORNEY'S CERTIFICATE:
I hereby certify that this Subdivision Plat has been duly executed as required pursuant to Section 2.2.3(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 are duly authorized signatories under the laws of the
State of Colorado. This Certification is based upon the records of the Clerk and Recorder of Larimer County,
Colorado as of the date of execution of the plat and other information discovered by me through reasonable
inquiry and is limited as autho • ed by Section 2.2.3(C)(3)(f) of the Land Use Code. S
Attorney:Q Date: UO
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Address: Myatt Brandes & Gast P.C.
323 South College Ave., # 1
Fort Collins, CO 80524
Registration No. 19821
APPROVED AS TO FORM. CITY ENGINEER:
By the City Engineer of the City of Fort Collins, Colorado thisiAy of A.D., 2009.
City Engineer / �_, O�FORT Co
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PLANNING APPROVAL:
•O.
By the Director of Planning of the City of Fort Collin
Director of Planning
Day of12W,_ A.D., 2009.
NOTES:
1. The Basis of Bearings is the South line of Lot 7, Block 96, Harrison's Addition as bearing North
90°00'00" West.
2. According to Colorado law you must commence any legal action based upon any defect in this survey
within three years after you discover such defect. In no event may any action based upon any defect in
this survey be commenced more than ten years after the date of the certificate shown hereon.
3. The Private Drainage Easement is not dedicated for use by the general public but is dedicated to the
2009. owners of Flats at the Oval.
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FLATS AT THE OVAL
BEING A REPLAT OF LOTS 11 71 AND THE SOUTH HALF OF LOT 2, BLOCK 96, HARRISON'S ADDITION TO THE CITY OF FORT COLLINS,
LOCATED IN THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO
FOUND N4 REBAR
(NO CAP)
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0 m LOT 2 0 + FOUND i" METAL
cp�BLOCK 96 - Ir BAR IN CONIC
LOT 10
LOT 11 w BLOCK 106
BLOCK 96 3 3 3
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N FND N4 REBAR 190.00' (R) 08
W/CAP LS 14823 190.02' M w N FND. •4 REBAR
N 89°59'28" E M ( ) W/CAP LS 14823
0— — — — — — — — — — — — — —
2.54'
�— — — — — — — — — — — — — — — — — — —
62.72'
3.46'
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S89'59'25"W _ _ _ _ _ 57.14' —
— — — —
LOT 11
LOT 12 a BLOCK 106
BLOCK 96 m
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PUBLIC
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I BLOCK 106
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N 36,016. sq. t. -
LOT 18 w 0.827 Acres , O a
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LOT 13
BLOCK 106
ADDITIONAL ROW TO BE
DEDICATED WITH THIS PLAT
N44'59'17"W
14,14'
20.00' 10.0 179.88'
BASIS OF BEARINGS = N 90°00'00" W 189.88' (M) 190.00' (R) 40
(M)- REPRESENTS MEASURED BEARINGS/DISTANCES
FND. N4 REBAR (R)- REPRESENTS RECORDED BEARINGS/DISTANCES FND in"BENT
W/CAP LS 14823 IRON ROD
WEST LAUREL STREET
(SOUTHERN R.O.W. LINE LOCATION DISPUTED
PER CITY OF FORT COLLINS)
NORTH
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CSU Q CSU 20 0 20 40 60 Feet
( IN FEET )
1 inch = 20 ft.
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