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HomeMy WebLinkAboutELDERHAUS ADULT DAY PROGRAM - MAJOR AMENDMENT - MJA140004 - SUBMITTAL DOCUMENTS - ROUND 1 - SUBDIVISION PLAT6ƒ ( 6ƒ : 6ƒ : 6ƒ : 1ƒ : 1ƒ ( 6ƒ ( 1ƒ : TRUE POINT OF BEGINNING U. S. Highway 287 non-exclusive easement for right of way for ingress (aka South College Avenue) and egress and for the installation of utilities 1ƒ ( 6ƒ ( LS 7839 LS 7839 LS 7839 LS 7839 Stewart cap illegible LS 7839 Stewart Lot 1, SUBDIVISION LS 32444 50' half right of way 1330.53' 6ƒ ( NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover 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 the certification shown hereon. Notes: 1. This survey is based on COMMITMENT FOR TITLE INSURANCE provided by STEWART TITLE GUARANTY COMPANY, File No.: 01330-16551, Effective Date: November 08, 2012 at 8:00 A.M. 2. Property address per title commitment is 6813 South College Avenue, Fort Collins, CO 80525 3. Containing 1.960 acres, more or less. 4. Bearings based on NAD 83 Colorado State Plane Coordinates - North Zone with the North Line of /RW(OGHUKDXV6XEGLYLVLRQEHDULQJ1ƒ (DVVKRZQ 5. Distances shown are in U.S. Survey feet. Legend: denotes found iron rod & cap marked as noted on drawing denotes section or 1/4 section corner Elderhaus Subdivision - First Filing A parcel of land situate in the Northeast 1/4 OF Section 14, Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado REVISIONS By By By Description Description Date Description Date Date SHEETS SHEET NO. NO. OF PROJECT NO. ST TITLE PM PLS Field Date Scale Party Chief PLS Group, LLC 6843 North Franklin Avenue, Loveland, Colorado 80538 Phone: 970.669.2100 Fax: 970.669.3652 CLIENT Z:\Project\2012\12140\dwg\12140.dwg August 20, 2014 - 12:00am 12140.002 1 1 Section 14, Township 6 North, Range 69 West, 6th P .M., Larimer County, Colorado Final Subdivision Plat Elderhaus Subdivison - First Filing n/a CLT MBS July-2014 1"=30' DCB Strategic Plan Consulting, Inc. CERTIFICATE OF DEDICATION: The foregoing instrument was acknowledged before me this _______________ day of _________________________, 2014 , by Gordon W. Thayer, as President - Manager of Elderhaus Adult Day Programs, Inc.("owner"), a not-for-profit Colorado corporation. WITNESS my hand and official seal. My commission expires: ___________________________________ Notary Public State of Colorado ) )SS County of Larimer ) The Owner does hereby dedicate and convey to the City of Fort Collins, Colorado (hereafter ³&LW\´  for public use, forever, a permanent right-of-way for street purposes and the ³(DVHPHQWV´ 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. 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 any building, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary grasses and other ground cover). In the event 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. STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all persons by these presents, that the undersigned owner(s) of the following described land: A parcel of land situate in the Northeast 1/4 of Section 14, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, more particularly described as follows: Beginning at a point which bears S ƒ  E 1330.53 feet, and 6ƒ ( 74.25 feet; and S ƒ  W 347.91 feet from the Northeast corner of said Section 14, being the TRUE POINT OF BEGINNING; thence S ƒ  E for a distance of 165.54 feet; thence S ƒ  W for a distance of 68.76 feet; thence 6ƒ  W for a distance of 128.80 feet; thence S ƒ  W for a distance of 144.26 feet; thence 1ƒ  W for a distance of 297.11 feet; thence N ƒ  E for a distance of 302.07 feet; thence 6ƒ (IRUDGLVWDQFHRIIHHWWRWKH7UXH3RLQWRI%HJLQQLQJ (which above described tract contains 1.960 acres, more or less) IRUWKHPVHOYHVDQGWKHLUVXFFHVVRUVLQLQWHUHVW FROOHFWLYHO\³2ZQHU´ KDYHFDXVHGWKHDERYHGHVFULEHGODQG to be surveyed and subdivided into lots, tracts and streets as shown on this Plat to be known as ELDERHAUS SUBDIVISION - FIRST FILING WKH³'HYHORSPHQW´ VXEMHFWWRDOOHDVHPHQWVDQGULJKWVRIZD\ now of record or existing or indicated on this Plat. The rights and obligations of this Plat shall run with the land. ATTORNEY'S CERTIFICATION: 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 authorized by Section 2.2.3(C)(3)(f) of the Land Use Code. Attorney: Address: Registration No.: The following shall be placed on the Plat set apart from the other notes in a box labeled as "NOTICE" when private drives or streets are utilized on the property: SURVEYOR'S STATEMENT: I, , 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. (name) Colorado Registered Professional Land Surveyor # APPROVED AS TO FORM, CITY ENGINEER: By the City Engineer of the City of Fort Collins, Colorado this day of , A.D., . _______________________________________ City Engineer PLANNING APPROVAL: By the Director of Planning the City of Fort Collins, Colorado this day of A.D., . Director of Planning The following note shall be placed on the Plat: 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. 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. REPAIR GUARANTEE: 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 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 this Plat. Notice Of Other Documents: All persons take notice 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. East 1/4 Corner of Section 14 Northeast Corner of Section 14