HomeMy WebLinkAboutOLD TOWN FLATS - Filed S-SUBDIVISION PLAT - 2014-03-27OLD TOWN FLATS
LOTS 17-20, BLOCK 23, 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 OF OWNERSHIP AND SUBDIVISION
Know all persons by these presents, that the undersigned owner(s) of the following described land
Lots 17-20, Block 23, City of Fort Collins, 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 Latimer, State of
Colorado
contains 38,050 square fed or 0 874 acres, more or less
For themselves and their successors in interest (collectively "Owner") have caused the above described lard to be surveyed and subdivided into lots, tracts and streets as shown on this Plat to be
known as OLD TOWN FLATS (the "Development"), subject to all easements and rights -of --way now of record or existing or indicated on this Plat The rights and obligations ofthis 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
lad 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 nght 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 repainng 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 we not owned by the City Owner will maintain the surface of the Easements in a sanitary condition in compliance
with any applicable weed, nascence or other legal requirements
Except as expressly permitted in an approved plan of development or other written agreement with the City, Owner will not mstall on the Easements, or permit the installation on the Easements,
of arty building, structure, improvement, fence, retaining wall, sidewalk, tree 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 mure to the benefit of the City's agents, licensees, permnlees and assigns
OWNER OLD TOWN FLATS L L C, a Utah limited lability company
By WOODBURY STRATEGIC PARTNERS FUND, L P,
a Delaware limited partnership, Its Manager
By WSP TRUFFLES L L C, a Delaware limited liability company,
its General Partner
By WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L C,
a Utah limited liability company, Its Manager
17717:ri it14:r,7.\ yY:10
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 herem, 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 -drams, 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 properly shown hereon and agrees that the City shall not be table 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 constriction 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 to convey said land
according to thus Plat
NOTICE OF OTHER DOCUMENTS
All persons take notice that the (honer 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 lime and may include, without limitation, the Development Agreement, Site And Landscape
Covenants, Final Site Plan, Final Landscape Plan, and Architectural Elevations, which documents we 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
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 Lad 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 duty authorized signatories under the laws of the State of Colorado This Certification is based upon the records of the Clerk and
Recorder of Lanmer 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(Cx3Xf) of the Land Use Code
Attorney
Address. -A S. Glleat/aVt. :*-4-
Foriip-
Registration No 1 {F% i.1
By WOODBURY CORPORATION, a Utah corporation,
Its Manager
^' r`' //,' ,, � APPROVED AS TO FORM, CITY ENGINEER
BY f4A/!
U Y/fUAI " \ By the City Engineer of�ie City of Fort Collins, iiiiR of M aK'll A D , 20�
I Al
STATE OF UTAH )
as
COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged before me this day of "\�W C *% 20-H by WOODBURY and
VC- WOODBURY, tonic personally known who being by me duty sworn did say that they are the , andNh 18 f WOODBURY CORPORATION, known
to be the Manager of Woodbury Strategic Partners Ma al nient L L.0 , a Utah limited liability company, known to be the Manager of WSP Truffles L L C , a Delaware limited liability company,
known to be the general Partners of Woodbury Strategic Partners Fund, L P a Delaware limited partnership, Manager of OLD TOWN FLATS L L C, a Utah limited liability company, the company
that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company
executed the within instrument pursuant to its Operating Agreement.
r----------�
1�lolry�Plr010 '
Notary Public /fRM aI Utah
LIENHOLDER First National Bank of Omaha
BY Z.: `Jn4I--
Name lr'ft
Title V-*tt PIU: Jc%4
STATE OF NEOSA%icA I
)as
COUNTY OF Dc 4&t s )
The foregoing instrument was acknowledged before me this I I day of I w e c H 201 `l , by -&%A .t Dicpeue Nserl
as Vt(f FasSios+aT of First National Bank ofOmaha
Witness my had and offical seal
1,TNEAAL NOTARY - State a1 Nebraska
TRACY MORRISON
My Comm Exp Dec 24, 2015
My commission expires- IZ-2 4-1 S
Notairypudic,
The Owner hereby warrants and guarantees to the City, for a period of two (2) years from the date of complebm soil 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 Cade 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 pad 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
SEAL
PLANNING APPROVAL "'-��_ SIt
By the Director of Community Development and Neighborhood Services of the City of Fort Collins, Colorado this �J day of
t# A D, 20r�
A nF:0lRT
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.
LINE TABLE
LINE
LENGTH
BEARING
Li
15 94'
S89'4729"E
L2
170tr
SOVIT31'W
L3
34 07
S894729"E
L4
133 00'
N00'1622"E
L5
498T
N89'42'29W
L6
21 W
SOO"1909'W
L7
17 W
S89'4729"E
L8
17 W
SOO'17"31"W
L9
17 91'
N89.4729W
1-19
537F
S22"OT46'W
L20
20 W
N89'40'59"W
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
BEARING
CHORD
Cl
85-34'OT'
15 W
22 40'
S46-55-26'E
20 38-
LEGEND
- — — — — — — - EASEMENT LINE
CENTERLINE
BOUNDARY LINE
RIGHT-OF-WAY
LOT LINE
FOUND CORNER AS DESCRIBED
O SET 04 REBAR w/1" PLASTIC CAP
LS 14823
40 0 40 80 120Feet
( IN FEET )
1 inch - 40 ft.
(US SURVEY FEET)
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 foregoing 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 No. 14823
NOTES:
1) The Basis of Bearings is the West line of Block 23 as hearing North 00°1731" East as monumented on drawing
(assumed bearing)
2) The lineal unit of measurement for this plat is U.S Survey Feet
3) All information regarding easements, right-of-way, or title of record, Northern Engineering relied upon
Commitment Number 580-FO448159-383-JNB Amendment No. 1, dated November 21, 2013 prepared by Fidelity
National Title Company
4) 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.
VICINITY MAP
® NORTH 1 "=1500'
FND 04 REBAR
(NO CAP)
NW CORNER OF BLOCK 23 I
FND M REBAR
W/YELLOW PLASTIC
CAP "COLO LS 16415"
g $ I i FND NAIL 8. BRASS
TAG "LS 31150"
/
SET 04 REBAR � /
I SET 04 REBAR W/ VPLASTIC CAP,
LS 14823
w/ r PLASTIC CAP, /
LS 14823 S89"46'1FE 190.18'
re 8 1:
m L3
7 5' PUBLIC ACCESS 8 /OF — — — --1
m UTILITY EASEMENT I J
$ _ I L L1
F-
I
NI I
S69'4729"E
15a LOT 1 8
1 9' PUBLIC ACCESS 8 38,000 sq.fr. ( DRAINAGE
I - UTILITY EASEMENT 0 872 ac I EASEMENT
N I JI o
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UTILITY EASEMENT
F� ADDITIONAL $
ROW
FND 05 REBAR 50 sq.ft. 8
PLASTIC N45'14
CAPLS 225BM 1800914 16'
o
NOV-4brJU-W 190.09' loon L20
FND N4 REBAR
Firm NAIL 8. BRASS DISK W/ORANGE PLASTIC
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