HomeMy WebLinkAboutELDERHAUS ADULT DAY PROGRAM - MAJOR AMENDMENT - MJA140004 - PLANS - SUBDIVISION PLAT6
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TRUE POINT OF BEGINNING
non-exclusive easement for right of way for ingress
and egress and for the installation of utilities
(reception #96036556)
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LS 7839
LS 7839
LS 7839
LS 7839 Stewart
cap illegible
LS 7839 Stewart
Shenandoah P.U.D. Filing One
Tract E
Lot 1,
1.960 acres
LS 32444
50' half
right of way
per CDOT R/W Map
1330.53'
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u n p l a t t e d
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U. S. Highway 287
(aka South College Avenue)
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R=35.00' L=30.16'
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20.98'
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24.69'
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32.91'
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38.70'
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access easement
dedicated by this plat
(width varies)
9.05'
35.49'
34.60'
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SITE
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 The Group Guaranteed Title, LLLP,
Order No.: 100773, Effective Date: March 7, 2014 at 7:45 A.M.
2. Property address per title commitment is 6813 South College Avenue, Fort Collins, CO 80525
3. %HDULQJVEDVHGRQWKHHDVWOLQHRI7UDFW(6KHQDQGRDK38')LOLQJ2QHDVEHDULQJ1
:DVVKRZQ
4. Distances shown are in U.S. Survey feet.
5. 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.
Legend:
denotes found 0.5" iron rod & 1.0" plastic 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:\PLS Group\Project\2012\12140\dwg\12140.dwg December 03, 2014 - 11:30am
12140.002 1 1
Section 14, Township 6 North, Range 69 West, 6th P .M., Larimer County, Colorado
Final Subdivision Plat
Elderhaus Subdivision - First Filing
n/a
CLT
MBS
July, 2014
1"=30'
DCB Strategic Plan Consulting, Inc.
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., City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows:
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64.46 feet to the True Point of Beginning.
(which above described tract contains 1.960 acres, more or less)
IRUWKHPVHOYHVDQGWKHLUVXFFHVVRUVLQLQWHUHVW FROOHFWLYHO\³2ZQHU´
KDYHFDXVHGWKHDERYHGHVFULEHG
land 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´
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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:
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SXEOLFXVHIRUHYHUDSHUPDQHQWULJKWRIZD\IRUVWUHHWSXUSRVHVDQGWKH³(DVHPHQWV´DVODLGRXWDQG
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.
Owner: Elderhaus Adult Day Programs, Inc.
by: _________________________________________
Gordon Thayer, President
The foregoing instrument was acknowledged before me this _______________ day of
_________________________, 2014 , by Gordon W. Thayer, as President - Manager of Elderhaus Adult
Day Programs, Inc., a not-for-profit Colorado corporation ("owner").
WITNESS my hand and official seal.
My commission expires:
___________________________________
Notary Public
State of Colorado )
)SS
County of Larimer )
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.
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.:
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
SURVEYOR'S STATEMENT:
I, M. Bryan Short, 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.
M. Bryan Short
Colorado Registered Professional Land Surveyor # 32444
NOTICE:
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.