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HomeMy WebLinkAboutBOUTON HOUSE SUBDIVISION - PDP/FDP - FDP150002 - PLANS - SUBDIVISION PLATfound 3 4" steel pin SE cor of Block 61 found iron rod found iron rod with cap LS 10855 (Berlier) found iron rod with cap LS 10855 found iron rod with cap LS 10855 (Berlier) found iron rod with cap LS 10855 (Berlier) North Sherwood Street (100' ROW) West Mountain Avenue (140' ROW) Lot 2 (16,522 sf) Lot 3 (5000 sf) 26' utility easement 68.03' 6ƒ ( 73.67' 6ƒ : 6ƒ : 6ƒ : 5.00' 1ƒ : Lot 1 (14,767 sf) 6ƒ ( 1ƒ ( 6ƒ : 6ƒ : 6ƒ : 151.90' 120.00' 1ƒ ( 37.13' 38.91' Northeast corner of Lot 2, Block 61 POINT OF BEGINNING (found iron rod) 62.00' 10.00' 8.00' 62.00' 96.03' 50.00' 89.06' 26.00' 1ƒ ( North Whitcomb Street (100' ROW) (Basis of Bearing) 4.07' 18' access easement Lot line of Block 61 City of Fort Collins(typ) 54.26' 1ƒ : 65.72' 7.5' 76.04' 26.00' 120.00' 10.75' 6ƒ ( 6ƒ ( 6ƒ : 1ƒ ( 15' Arthur Ditch Esmt. 65.05' 345.09' found 3 4" steel pin NE Cor of Block 61 Laporte Avenue (140' ROW) BEING A PORTION OF LOTS 1, 2, & 9, BLOCK 61, TOGETHER WITH VACATED ALLEY BETWEEN LOTS 2 AND 9, BEING IN THE SOUTHEAST ONE-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 BOUTON HOUSE SUBDIVISION - FIRST FILING Vicinity Map REVISIONS By By By Description Description Date Description Date Date SHEETS SHEET NO. NO. OF ST TITLE PROJECT NO. 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\2014\14070\dwg\14070d007b.dwg March 10, 2015 - 1:40pm 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. 14070.007b 1 1 Section 11, Township 7 North, Range 69 West, 6th P.M., Larimer County, Colorado Final Plat - Bouton House Subdivision 113 N. Sherwood Street n/a MHM MBS 12 / 03 / 2014 1"= 30' DCB Randy Everett Legend: denotes found 5/8" iron rod in concrete denotes found 0.5" iron rod & 1.0" plastic cap marked "LS 10855" unless otherwise noted. denotes found .75" square steel pin denotes set 0.5" iron rod & 1.0" plastic cap marked "PLS 32444" Project Location Plat Notes: Lot 1 has been approved for a Modification of Standard 4.8 (E) (1), Case number MOD UHPLQLPXPORWZLGWKE\7\SH$GPLQLVWUDWLYH+HDULQJ on Wednesday Dec 3, 2014. 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. 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. NOTICE 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. SIGHT DISTANCE EASEMENT RESTRICTIONS (if applicable): Sight Distance Easement - The sight distance easement is an easement required by the City at some street intersections where it is necessary to protect the line of sight for a motorist needing to see approaching traffic and to react safely for merging their vehicle into the traffic flow. The following are requirements for certain objects that may occupy a sight distance easement for level grade: 1. Structures and landscaping within the easement shall not exceed 24 inches in height with the following exceptions: 2. Fences up to 42 inches in height may be allowed as long as they do not obstruct the line of sight for motorists. 3. Deciduous trees may be allowed as long as all branches of the trees are trimmed so that no portion thereof or leaves thereon hang lower than six (6) feet above the ground, and the trees are spaced such that they do not obstruct line of sight for motorists. Deciduous trees with trunks large enough to obstruct line of sight for motorists shall be removed by the owner. For non-level areas these requirements shall be modified to provide the same degree of visibility. 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, Merrell 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. ______________________________________________ Merrell Bryan Short Colorado Registered Professional Land Surveyor # 32444 NOTES: 1. This survey is based on a title commitment provided by Stewart Title Company Title File 1R(IIHFWLYH'DWH$XJXVWDW$0 2. Property Address: 113 North Sherwood Street, Fort Collins, CO 80521 %HDULQJVDUHEDVHGRQWKH(DVWOLQHRI%ORFN&LW\RI)RUW&ROOLQV%HDUV1ƒ :DVVKRZQ of the plat thereof ending on said monuments as shown hereon. 4. Units are shown in U.S. Survey Feet 5. Legal Description based on Title Commitment No. 01330-13184 provided by Stewart Title Company, Effective August 31, 2012 and Reception No. 20140073424 (12/18/2014) 6. Lot 1, 2, 3 Bouton House Subdivision-First Filing contains 36,289 square feet, (0.833 acres) more of less. STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all persons by these presents, that the undersigned owner(s) of the following described land: That portion of Lots 2 and 9, together with all that portion of the vacated alley lying between said Lots 2 and 9, Block 61, and the East 100 feet of the North 50 feet of Lot 1, Block 61, all in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: &RQVLGHULQJWKH(DVWOLQHRIVDLG%ORFNWREHDUDQDVVXPHGEHDULQJRI1RUWKƒ :HVWZLWKDOOEHDULQJV contained hereon relative thereto. BEGINNING at the Northeast corner of Lot 2, said Block 61; thence along the North line of said Lot 2, the North line of Lot 9, said Block 61, and a line connecting the Northwest corner of said Lot 2 and the Northeast corner of said Lot 9, 6RXWKƒ :HVWIHHWWKHQFH6RXWKƒ :HVWIHHWWRWKH1RUWKOLQHRIWKDWFHUWDLQSDUFHO GHVFULEHGLQGHHGUHFRUGHGLQ%RRNDW3DJHUHFRUGVRIVDLG&RXQW\WKHQFHFRQWLQXLQJ6RXWKƒ  :HVW 65.01 feet to the South line of said Lot 9; thence along the South line of said Lot 2, the South line of said Lot 9, and a OLQHFRQQHFWLQJWKH6RXWKZHVWFRUQHURIVDLG/RWDQGWKH6RXWKHDVWFRUQHURIVDLG/RW1RUWKƒ (DVW feet to the Northwest corner of the East 100.00 feet of the North 50.00 feet of said Lot 1; thence along the West line of VDLG(DVWIHHWRIVDLG/RW6RXWKƒ (DVWIHHWWRWKH6RXWKZHVWFRUQHURIVDLG(DVWIHHWRI WKH1RUWKIHHWRIVDLG/RWWKHQFHDORQJWKH6RXWKOLQHRIWKH1RUWKIHHWRIVDLG/RW1RUWKƒ (DVW IHHWWRWKH(DVWOLQHRIVDLG/RWWKHQFHDORQJWKH(DVWOLQHRIVDLG/RWVDQG1RUWKƒ :HVW feet more or less to the POINT OF BEGINNING. (which above described tract contains 0.833 acres, more or less) for themselves and their successors in interest Randy w/ Ruth Ann Everett (collectively,"Owner") have caused the above described land to be surveyed and subdivided into lots, tracts and streets as shown on this Plat to be known as BOUTON HOUSE SUBDIVISION FIRST FILING (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 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. Owners: Randy W. Everett and Ruth A. Everett By: _____________________________________ Randy Everett, as Owner The foregoing instrument was acknowledged before me this _______________ day of _________________________, 2015 by Randy Everett, as Owner of BOUTON HOUSE SUBDIVISION - FIRST FILING. State of Colorado ) )SS County of Larimer ) WITNESS my hand and official seal. ___________________________________ Notary Public My commission expires:________________ Lineholder: Wells Fargo Bank NA By: ___________________________________________ Representative of Wells Fargo Bank NA The foregoing instrument was acknowledged before me this _______________ day of _________________________, 2015 Representative of Wells Fargo Bank NA as Lienholder of BOUTON HOUSE SUBDIVISION - FIRST FILING. State of Colorado ) )SS County of Larimer ) WITNESS my hand and official seal. ___________________________________ Notary Public My commission expires:________________ ($6(0(17'(',&$7,21 The easement for the Arthur Ditch is adequate as shown and hereby accepted this ___________ day of ______________________________, 2015 by _______________________________________________________ Mark Taylor as President of Arthur Irrigation Company State of Colorado ) )SS County of Larimer ) WITNESS my hand and official seal. ___________________________________ Notary Public My commission expires:________________