HomeMy WebLinkAboutPENNY FLATS - Filed S-SUBDIVISION PLAT - 2007-02-05r
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Lots 1-9 ck 13-1611, Block 33 And Vacated Public Alley Right of Way,
Located In The Northeast Quarter of Section 11, Township 7 North, Range 69 West Of The 6th P.M.,
City! Of Fort Collins, County Of Larimer, State Of Colorado - —
STATEMENT OI° OWN R HIP AN JBIDIVISION,ATTORNEYS RTIFl AT10N
Know all men by these presents, that the undersigned, berg owners of the following described land: I herebycertifythat_ this Subdivision Plat has been duly executed as required pursuant to Section
I 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all
A tract oc land located in Section Eleven (it), Towrls'hll� Seven North (T.7N.), Range Sixty-nine West (R.69W.) of th persons signing this Subdivision Plat on behalf of a corporation or other entity are duly authorized Sixth Principal Meridian (6th P.M.), and!mo a particularly described as follows: signatories under the laws of the State of Colorado. This Certification is based upon the records of per.
I I the Clerk and Recorder of Lorimer County, Colorado as of the date of execution of the plat and other F Lots 1 throunl- 8, inclusive, and Lots 13 through 16, in$lusi{ , Block 33 and the Vacated Public Alley information discovered by me through reasonable inquiry and is limited as authorized by Section o' Right of Way, Ts vacated by Ordinance No. 116, 2006 of the Council of The City of Fort Collins 2.2.3(C)(3)(f) of the Land Use Code. � KSREC�OIN% GE•RTIF1e11TTON AS OMDU7�tF-QSHIO is $I�S� f/Ijll
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executed on ��agust 16, 2006. Opp C lt• rw ?1 %z CDAt1M"fArT Ot 14-LIS44 DATFA Iz//s�t/ob• As Tb DvE lk+nlrRtTY of TMEUtY'S
516,0411111l IS 1aA o sH1-Gt_Y uooa iv t�Rt� eF 'D:'9t't1 C;w An' 6W-- T, w. -PAV L f,Ck.M w a
. (wh'i.h above described tract contains 2i303 hCre , more or less y. OfNeui�_ .�k-s- J MAAGV� p11l1TT'A
I I - U DAtfD 1/�jp}j AS-M but o
have caused the above described land to be surveyed qnd drubdivided into lots, tracts and streets as Address: NOLLAND • NAQT ISDO �l7AD OO lfV # ;An"MITY of 8AKF% Cu
shown on this, plat to be known as Penny Flats Subdivision, subject to all easements and SMSNATt1RE IS BIASED
rights-of-wav now of record or existing or indicated on this plat. SOt)LD�Q�_CV &OiOZ 44e
CERTIFICATE OF DEDICATION:
The easemenrvts as laid out and designated on this!Plat ehaI be reserved by the City of Fort Collins
from any con,, yonce of the land described herein to Penny Flats, LLC, provided, however, that
reservation of said easements does not impose upon the ci y a duty to maintain the easements so
reserved.
M i y_CAIN�f ENAN; GUARANI EL
Penny Flats, L.C, 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 repolI- of the improvements constructed under the
authority of tl s 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 a•ir all other appurtenant structures anti ameni ies 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 ditdhes and (landscaping. Any maintenance and/or
s repair requireon utilities shall be coordinated with theiowning utility company or department.
Penny Flats, H.C, shall maintain said improvements in a r'nahner that will assure compliance on a
consistent bay:.'; with all construction standards, safety jequlrements and environmental protection
requirements cthe city. Penny Flats, LLC, shall also cbrrebt and repair, or cause to be corrected and
repaired, all dcrnages to said improvements resulting from development -related or building-refated
activities. In l: le event Penny Flats, LLC, fails to correct or y damages within thirty (30) days after
written notice Thereof, then said damages may be corrected by the city and oil costs and charges
billed to and i:,iid by Penny Flats, LLC. The city shall also iove any other remedies available to it as
authorized by ow. Any damages which occurred prior to the end of said two (2) year period and
which are unrelaired at the termination of said period shall remain the responsibility of Penny Flats,
LLC,.
REPAIR GUARANTEF,
In consideration of the approval of this final plat arhd other voluable consideration, Penny Flats, LLC,
does hereby aq ee to hold the City Of Fort Collins, Colodado harmless for a five (5) year period,
commencing a{r»n the date of completion and first acceptance by the city of the ifprovements
constructed under the authority of this plat, from any and Oil claims, damages, or plemands arising on
account of the design and construction of public improveme is of the property shown herein; and the
Owner furthers )re commits to make necessary repairs to slid public improvements, to include, without
limitation, the roads, streets, fills, embankments, ditches„ cross pans, sub -drains, culverts, walls and
bridges within :,•e right-of-way, easements and other ptlrblicl properties, resulting from failures caused
by design and/`)r construction defects. This agreement to hold the city harmless includes defects in
materials and •horkmanship, as well as defects caused b)r orlconsisting of settling trenches, fills or
excavations.
Further, Penny Mats, LLC, agrees that the City Of Fort Collis shall not be liable to Penny Flats, LLC,
or his/her successors in interest during the warranty period, for any claim of damages resulting from
..negligence in rr,ercising 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 Orivate property. Any and all monetary liability
occurring undo, this paragraph shall be the liability of the Owner.
The City of Forl Collins is the fee owner of the pro�erty shdwn hereon. Penny Flats, LLC is the
contract Venda:: of a portion of the property shown hereon nd the holder of an option to purchase
the balance of "he property shown hereon. Penny Flats, LLC JIshall be obligated under the "Maintenance
Guarantee" and the "Repair Guarantee" with respect to the property Penny Flats, LLC acquires from the
Cityand f wfik o hit becomes th
e I Owner. The I' e obligations ati n
g o s of Penny Flats LLC pursuant to the
"Maintenance G..grantee" and "Repair Guarantee" provisions s t 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 Accer, once of the warranted improvements is ilecelllllvvvved from the city by, such other person or
entity.
NOTICE OF OT 1 R DOCUMENTS:
All persons take notice that the Developer and/or Iner has executed certain documents pertaining to
this Developmer I which create certain rights and obligations of the Development, the Developer and/or
subsequent Owrrrrs of all or portions of the Development 1site, many of which obligatlons constitute
promises and c: venants which run with the land. The said documents may also be amended from time
to time and mo / include, without limitation, the Devem lopent Agreement, Site And Landscape
Covenants, Fino 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 Bite.
NOTICE
ALL RESPON^I4ILITIES AND COSTS OF OPERATION, GAIN NNNCE AND RECONSTRUCTION OF THE
PRIVATE STRr-.TS AND/OR DRIVES LOCATED ON THE PR�A PROPERTY THAT IS THE SUBJECT OF
THIS PLAT SI 1LL BE BORNE BY THE OWNERS OF SAID PROPERTY, EITHER INDIVIDUALLY, OR
COLLECTIVELY THROUGH A PROPERTY OWNERS' ASSOCIATION,IF APPLICABLE. THE CITY OF FORT
COLLINS SHIP HAVE NO OBLIGATION OF OPERATION, MAINTENANCE OR RECONSTRUCTION OF SUCH
PRIVATE STRCI TS AND/OR DRIVES NOR SHALL THE CITY HAVE ANY OBLIGATION TO ACCEPT SUCH
STREETS AND;'OR DRIVES AS PUBLIC STRFFTS nR nRlVclt I
OWNER:
The City of Forl Col ns
By: ' /v
NOTARIAL C(E�R,19CATE
STATE OF �ri IS�rac�e )
ss.
COUNTY OF L(ITI /t 4r- )
The foregoing i strument was acknowledged beforQ
do; of
My commission expires �� 7
Witness my har l and official seal.
Notary Public
SOIELY oNTHE LFITE'2
Registration No.: 139
OF Tw. 113N5FCOe "R-
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A� ASSIsTA13TCD
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APPROVED AS TO FORM CITY ENGINEER
Ipi, <09lESOF 4M
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EiS rtoD lb THE ct
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By the City Engineer of the City of Fort Collins, Colorado this 26TM day of
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PLANNING APPROVAL
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By the Director of Planning the
City of Fort Collins,
Colorado this 26 * day of
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irector of Planning-
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TITLE COMMITMENT NOTE
NATIONAL ASSOCIA TLON
FOR/NTFRPRBTA TLON
RFC NO 200400IN17J
_T
-- N89'59'01"W 100.00' -
---- - - -- --
FOUND SQUARE #µ
REBAR IN CONCRETE
I
F-41
LOT72 II SONS7REETNORT$ LLC
MARTINEZP L D. I RFC N0. 2R7J01170s
CHERRYS
(100' RIGHT C)
FOUND p5 REBAR WITH PER ORIGINA
-YELLOW PLASTIC CAP
LS 22568
S89-59-01"E (BASIS OF BEARIV
S89 59'01"E 190 10,
9904894
170.10'
FOUND #5 REBAR WITH
YELLOW PLASTIC CAP
LS 22568
Co FOR COLDS
OF
LOT 10 COLLISS
Cii, 0), Fog
Lo,�11 LOCK 33
U,DA
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10' PA,D&UE
rPER SEPERATE o
-1 DOCUMENT ------------Ali,
----- g -
S89.58'29"E 190.00'
2/6 io
BLDG 2 ci
FOUND #4 REBAR WITH
BLUE PLASTIC CAP
LS 14823
CITY OFFORTCOLLINS
REC NO 97M7141
I
1
I
i I
01
.I
EET
WAY) — W I1 — —
PLAT o
to f
TI
o f FOUND #5 REBAR WITH
400.20' 21 YELLOW PLASTIC CAP
I LS 22568
S89.59'01 "E 210.10' s8s 5s o1 "E 1_00_.0_0'
.J000" 29.J, " 49. J1,----------
- 190.10' \ FOUND #4 REBAR WITH
YELLOW PLASTIC CAPS
1 209 I I 1 \\� / LS 16415
BLDG 7 1 1 1 \
\ EASEMENT RESERVED
cE I FOR RAILROAD
30' EAE (SURFACE I 1 1 \ REC. NO. 89053240
I LEVEL & ABOVE)-{-•—�'
1(SEE PLAN NOTE 1) I \ N
I II \
I I II \ I
I�
1 LOT 2 I
o fy 14
1 088073 acres
l ry N rn o
I a1 11� CVIQ �I O
1 ,�1 1 1° �a
1 hl
I 6' EAE (PERMITTED
I 21
1 OVERHEAD BALCONY
M
O
I 01
AND PEDES
� � TRIAN BRIDGE
I
10 PA,D&UE 2
ENCROACHMENTS)
O
I (SEE PLAN
(SEE PLAN NOTE 2)
NOTE 5)
--� ---- --�
1
----------
1 I
I I S89'58'29"E
3
I 190.00'Ilt
1 210
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N
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[" O 71� o LOT 1 O
N II N
This survey does not constitute a title search by King Surveyors Inc. to determine ownership or � th b'I LOT 3 !, 38,025 sgft. I 1
easements of record. For all information regarding easements, rights -of -way and title of records, 38,018 sq.If. w 1 0.873 acres 1 I 1 1
King Surveyors Inc. relied upon Title Commitment Number FCC25050582, dated December 27, 2004 at w N Q 0.873 acres N
M
5:00 p.m., as prepared by Land Title Guarantee Company to delineate the aforesaid information.
o
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. (13-80-105 C.R.S.)
BASF OF BEARINGS
Assuming the North line of Block 33, as bearing South 89'59'01" East being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
400.20 feet with all other bearings contained herein relative thereto.
SURVEYOR'S STATEMIFNT
1, Steven A. Lund, a Colorado Registered Professional Land Surveyor, do he state that this
Subdivision Plat was prepared from an actual survey under my personal supervision, that the
monumentation yyss-dndlcated hereon were found or set as shown, and that the foregoing plat is an
accurate reprAiMntation th of, all this to the best of my knowledge, information and belief.
r
.
Steven A. L '-40 * King Surveyors Inc.
Colorado Regis.r Tonal
Land Surveyor /34995
LEGEND
FOUND ALIQUOT CORNER
AS DESCRIBED
SET ALIQUOT CORNER
AS DESCRIBED
. FOUND MONUMENT
AS DESCRIBED
♦FOUND #4 REBAR WITH A
RED PLASTIC CAP STAMPED
KSI, LS 34995
SET 24" OF #4 REBAR WITH A
RED PLASTIC CAP STAMPED
KSI, LS 34995
O CALCULATED POSITION
OWNER:
P�ny Flats, LLC��
_ Date: I Z -' 1
- - - - - EASEMENT
PROPERTY LINE
U&DE UTILITY AND DRAINAGE
EASEMENT
EAE EMERGENCY ACCESS
EASEMENT
PAE PEDESTRIAN ACCESS
EASEMENT
PA,D&UE PEDESTRIAN ACCESS,
DRAINAGE AND UTILITY
EASEMENT
Date: c3q-13-0`0
STATE OF (t)JOkaoW )
ss.
COUNTY OFM&td� )
The foregoing instrument was acknowledged before me this
�• day off 20f-CA.
�Y
PUBLIC
0
m o 30 EAE (SURFACE
LaP LEVEL & ABOVE)
i, ( Z I (SEE PLAN OTE ) -4
30' EAE SURFACE FOUND o
FOUND LEVEL & ABOVE) �'4 REBAR i!
4 REBAR (SEE PLAN NOTE 1) ICI
N 3 - - - - - S90270270W 28, 3J' - Cf C3
O 12' EAE (PERMITTED OVERHEADS -� - - - - - S90t2-1 70.5T
Q O BALCONY AND PEDESTRIAN I EAE (PERMITTED BUILDING 1
a ' g - - - - - - - SEE PLAN NOTE 2) N I OVERHANG ENCROACHMENT) N O�
BRIDGE ENCROACHMENTS o Ci
�4 O - - - - ---- L- �------)_ - - I - (SEE PLAN NOTE 3) o p
o !
p2C 1DO- YEAR O < ----- - - - - - -
- )------------ --
FLOODPLAIN o ( N9Ot707J0 W 99988' 1 6' EAE (PERMITTED OVERHEAD
Z o 6' EAE PERMITTED OVERHEAD �
BALCONY AND PEDESTRIAN
BRIDGE ENCROACHMENTS) h L9 o BALCONY
ENCROACHMENTS)
(SEE PLAN NOTE 2) �� - - oo I (SEE PLAN NOTE 2)
L1
" h RIGHT OF WAY EASEMENT 30' EA .•*� '" y I E (SURFACE h
222 REC. N0. 89029100 2 I LEVEL & ABOVE) a
1 VACATED W TH THIS PLAT U,D&f�- 204
r I BLDG 6 1 s I', BLDG S (SEE PLAN NOTE 1) FOUNDS REBAR WITH
1 YELLOW
100-YEAR PLASTIC CAP
LS 22568
FLOODWAY
1 189.90' 120.001 189.90' S89 57'55"E 100.00'
91.53__-
58224'09'W - _ �� ' .80r-------------- - - -
---
""� N89 57 55 W 3.:
FOUND #4 REBAR WITH FOUND #4 REBAR NTH
�UND CHISELED RED PLASTIC CAP _ * �'�"" RED PLASTIC CAP, LS 34995
X IN LS 17662 ALSO FOUND A 4 REBAR WITH
CONCRETE FOUND NA'1. AND N
BRASS TAT, LS 34995 - RED PLASTIC CAP AND ILLEGIBLE
L MARKINGS 0.32' NORTH OF
MAPLE STREET ACCEPTED POSITION
(100' RIGHT OF WAY) — — —
PER ORIGINAL PLAT
�. 100-YEAR FLOOD
PLAIN (TYP)�
FLOODWAY (TYP)
" cirraF
225MAPLES7RFETL
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TDLIAB/L/TYCO 7B1
OC ?')C/TYOF
FORT V, REC N09ip9f07S 32 CLTYOFPY7RTCDLL/NS
COLLlNS `I+ ,....... ___... _ ._.. ____ ,._ - .1 j FORT
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
CH BEARING
C1
49.40'
632.50'
4'28'29"
49.39'
N30'44'55"W
C2
59.71'
357.50'
9'34'13"
59.64'
N23'43'34"W
C3
12.57'
8.00'
90'00'59"
11.32'
S44'59'30"E
C4
12.56'
8.00'
89'59'01"
11.31'
N45'00'29"E
PLAT
NOTES
REGARDINGEMERGENCY
ACCESS
EASEMENT
&
10'
PUBLIC
ACCESS
EASEMENT
1. 30' wide Emergency Access Easement located at actual a lilt surface
LINE TABLE level of private drive and above.
LINE
BEARING
LENGTH
L1
N89'58'06"W
32.00'
12
N00'01'54"E
6.00'
L3
S89'58'06"E
32.00'
L4
S00'00'32"W
6.00'
2. Overhead balcony and pedestrian bridge encroachments slid ae
permitted over portions of the Emergency Access Easement s
indicated and are subject to the following limitations:
-Encroachments shall be limited to unconditioned spaces of !''. he second
floor level and above with the combined total area of enci l; Ichment
fbl
o a conies and pedestrian bridge, per floor, not to excer.
" 2000 sq.
OWNER:
ft.
•Maximum projection of encroaching balconies into easement!
shall be 6'
BNSF R Ilway Company I e�p•esentative
•Maximum size of encroaching balconies shall be 96 sq.ft. •
1 :h
•Minimum space separating adjacent balconies shall be 10'
y/� ^
By ` • Oy \
•��
Date: �����C.S..LJtp
-Maximum total balconies per floor shall not exceed 18
-Balconies on the 3rd floor and above shall be located to t
! ick
directly above 2nd floor balconies
-Maximum width of pedestrian bridge shall not exceed 6'
-Maximum area of pedestrian bridge encroachment shall b;1
Wiled to
NOTARIAL CERTIFICATE
200 sq. ft. footprint
III
-Minimum overhead clearance shall be 14' clear above drive'
irface
STATE OF , AE K�f l )
�s
COUNTY OF 1) ZXleh I
3. Building overhang permitted at radius corners of drive inteN
Additional balcony overhangs shall not be permitted above r
tl :tion.
h !us
corners C1 & C2. Minimum overhead clearance shall be 14'
fear above
The foregoing instrument was acknowledged before me this
`.
�
drive surface.
,
day of id.( 20 d
>�.
4. Final configuration of Emergency Access Easement and peril
ted
r!ir'
encroachments subject to fire department review and appro•!',
at time
��;/ZD0
of building permit application.
�,I
My commission expires ( d
0,O"AO..B.,
5. 10' Public Access Easement located at actual as built surfl
level of
PPY P,*,. "-,
walkway and above. Pedestrian bridge encroachments shall
Witne m nd and offici eal. (SEAL`o
n �
permitted subject to the following limitations:
=
-Maximum width of pedestrian bridge shall not exceed 6'
-Total quantity of encroaching bridges shall be limited to �I
OF
•Minimum overhead clearance shall be 14' clear above walk",
surface
6`0� •....1 IRE ,.: rye:;:
COLLINS
TRACT
DESCRIPTION
OWNED & MAINTAINED BY
TRACT A
UTILITY, DRAINAGE AND
PEDESTRIAN ACCESS EASEMENT
HOME OWNERS ASSOCIATION
VICINITY M40- 14 4 2 4 95,
(NOT TO SCALE)
DATE:
9-29-05
FILE NAME:
2005203SUB
SCALE:
1"—,0'
DRAWN BY:
CSK
CHECKED BY:
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PROJECT #:
2005203
SHEET 1 OF 1