HomeMy WebLinkAboutSTONER - Filed S-SUBDIVISION PLAT - 2013-09-06STONER SUBDIVISION
BEING A REPEAT OF LOTS 14 & 15, BLOCK 5, KENWOOD HEIGHTS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, STATE OF COLORADO
STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all persons by these presents, that the undersigned owner(s) of the following described land:
Being a replat of Lots 14 and 15, Block 5, Kenwood Heights located in the Southwest Quarter of Section 11, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of
Latimer, State of Colorado, more particularly described as follows:
Considering the North line of Block 5, Kenwood Heights as bearing South 89' 39' 15" East, and with all bearings contained herein relative thereto,
BEGINNING at the Northwest corner of said Block 5; thence, South 89' 39' 15" East, 159.98 feet; thence, South 00' 31' 42" West, 99.98 feet; thence, North 89' 39' 25" West, 159.80 feet;
thence, North 00' 25' 42" East, 99.99 feet to the POINT OF BEGINNING, contains 15,987 square feet or 0.367 acres, more or less.
For themselves and their successors in interest (collectively "Owner") have caused the above described land to be surveyed and subdivided into lots, tracts and streets as shown on this Platte, be
known as STONER SUBDIVISION (the "Development"), subject to all easements and rights -of -way now of record or existing or indicated on this Plat. The rights and obligations of this Plat
shall run with the land.
CERTIFICATE OF DEDICATION
The Owner does hereby dedicate and convey to the City of Fort Collins, Colorado (hereafter "City"), for public use, forever, a permanent right-of-way for street purposes and the "Easements" as
Id 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. The streets dedicated on this Plat are the fee property of the City as provided in Section 31-23-107 C.R.S. The City's rights under the Easements include the
right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easements public improvements consistent with the intended purpose of the Easements; the right to
install, maintain and use gates in any fences that cross the Easements; the right to mark the location of the Easements with suitable markers; and the right to permit other public utilities to
exercise these same rights. Owner reserves the right to use the Easements for purposes that do not interfere with the full enjoyment of the rights hereby granted. The City is responsible for
maintenance of its own improvements and for repairing any damage caused by its activities in the Easements, but by acceptance of this dedication, the City does not accept the duty of
maintenance of the Easements, or of improvements in the Easements that are not owned by the City. Owner will maintain the surface of the Easements in a sanitary condition in compliance
with any applicable weed nuisance or other legal requirements.
Except as expressly permitted in an approved plan of development or other written agreement with the City, Owner will not install on the Easements, or permit the installation on the Easements,
of an building, structure improvement, fence retaining wall sidewalk, y g, p gtree or other landscaping (other than usual and customary grasses and other ground cover). In the even[ such obstacles
are installed in the Easements, the City has the right to require the Owner to remove such obstacles from the Easements. If Owner does not remove such obstacles, the City may remove such
obstacles without any liability or obligation for repair and replacement thereof, and charge the Owner the City's costs for such removal. If the City chooses not to remove the obstacles, the City
will not be liable for any damage to the obstacles or any other property to which they are attached.
The rights granted to the City by this Plat inure to the benefit of the City's agents, licensees, permittees and assigns
OWNER: Jamestown Builders II LLC ,
BY:
Aaron Everitt, Manager
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this L1_ day of 1C1tiJ r `i , 20� by Aaron Everitt, as Manager of Jamestown Builders 11 LLC.
Witness my hand and official seal '��
My commission expires:
0TARy:
+. PUBLiGJi
.......
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OWNER: GregObermann
BY: j '
Grgg
STATE OF G969RADQ )
L �)
COUNTY OF-L-AiNMER )
1�
The foregoing instrument was acknowledged before me thisJ�d y of ,QC; ,61 , 20by Greg Oberman
Witness my hand and official seal
My commission expires:
Public
OWNER: Kathy Oberman
I
BY: t
Ka by Oberman
STATE OFt0i8R*99 )
L1'o )eS
COUNTY OFE*RfMER )
f i
The foregoing instrument was acknowledged before me [h' `6 day of � ,� - f , 2Q!�, by Kathy Oberman.
Witness my hand and official seal
My commission expires: /Z- 5
- otary Public
° KIMBERLY A TAEOER
Notarial Seal - IOWA
Commission No. 725380
My Commission Expires November 05, 2015
MAINTENANCE GUARANTEE:
The Owner hereby warrants and guarantees to the City, 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 to be constructed in connection with the Development which is the subject of this Plat. This warranty and guarantee is made in accordance with the City 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 Owner 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 Owner 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 Owner 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 Owner. 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 Owner.
In:Ivvtzae��tie�� �
In consideration of the approval of this final Plat and other valuable consideration, the Owner does hereby agree to hold the City harmless for a five (5) year period, commencing upon the date of completion and first acceptance by
the City of the improvements to be constructed in connection with the development which is the subject 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 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 he/she owns fee simple title to the property shown hereon and agrees that the City shall not be liable to the Owner 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 drams, 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 to convey said land according to this Plat.
NOTICE OF OTHER DOCUMENTS
All persons take nonce that the Owner has executed certain documents pertaining to this Development which create certain rights and obligations of the Development, the Owner and/or subsequent Owners of all or portions of the
Development site, many of which obligations constitute promises and covenants that, along with the obligations under this Plat, 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 and should be
closely examined by all persons interested in purchasing any portion of the Development site.
ATTORNEY'S CERTIFICATION
1 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 Latimer County, Colorado as of the date of execution of the Plat
and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f)
of the Land Use Code.
LILEY, RO RS & MA ELL OLC
By _
Lucia . Liley, r/M ager
Address:
Registration No.:
APPROVED AS TO FORM CITY ENGINEER
By the City EngineLthefFort Collins, Colorado this _3day ofD., 20�
City Engineer
PLANNING APPROVAL
By the vector of Community Development and Neighborhood Services the City of Fort Collins, Colorado this
day of %191r.
A.D., 20_t�__.
Director of Community evelopment and Neighborhood Services
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 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.
SURVEYOR'S STATEMENT
1, 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 foregoing plat is an accurate representation thereof, all this to the best of my knowledge,
information and belief.
1
Gerald D. Gilliland
Colorado Registered Professional
Land Surveyor No. 14823
TORT
W LPL
NOTES:
1) The Basis of Bearings is the North line of Block 5, Kenwood Heights, as bearing South 89039'15" East (assumed bearing) as monumented
on drawing.
2) All information regarding easements, right-of-way or title of record, Northern Engineering relied upon File Number
598-HO356401-081-TMY prepared by Heritage Title Company, dated November 21, 2012.
3) The lineal unit of measurement for this plat is U.S. Survey Feet.
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N.T.S.
MAGNOLIA
LEGEND
EASEMENT LINE
EXISTING RIGHT-OF-WAY
BOUNDARY LINE
LOT LINE
SET #4 REBAR w/1"
0
PLASTIC CAP, LS 14823
FOUND PROPERTY CORNER
AS DESCRIBED
POINT OF BEGINNING
NW CORNER BLOCK 5
END NE
END 2" METAL PIPE w/CONC. NORTH LINE OF BLOCK 5
FLOODWAY
METAL NAIUARE L/ROD ROD BOCK 5LRNER
_
BASIS OF BEARINGS
S24°50'20"E, 0 94' FND 2" METAL
EAST 340' (R)
(NOT ACCEPTED) PIPE w/CONC
S89039'15"E 159.98'
S89039'15"E 339.95' (M)
93.14'
66.84'
HIGH RISK
10,00. 111
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FLOOD FRINGE J
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SIGHT DISTANCE
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0.214 ac.
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