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Home My WebLink AboutTHE LYRIC CINEMA CAFE - PDP - PDP160008 - P&Z PACKET - SUBDIVISION PLAT4' .15' MMMM AAAA SS OOOO NNNN C CCC TTTT M A S O N C T WWW W II I LLLLLLOO LL OOWWWW SSS STTTT W ILLOW ST BBBB LLLL UUUU EEE E SSSSUUUU NNN N SSS S BL TTT T U E SU N ST GGG GRRRREEE EEEEENN N N LL LLEEE EAAAAFFF F SS TT G REEN LEAF S T WWW WOOOO OOOO DDDD LLLL AAAAWWWWNNN N DDDDRRR R WO O DLAWN DR AAAASSSS PPPP EEEENNNN SSSSTTTT AS FND NAIL & BRASS TAG IN ASPHALT, LS 14823 FND NAIL & BRASS TAG IN CONCRETE, LS 14823 FND #4 REBAR W/YPC LS 14823 FND #4 REBAR FND14823 #4 REBAR W/YPC LS W/YPC LS 14823 FND #4 REBAR NO CAP FND #4 REBAR W/RPC STEWART (M) S00°47'32"E 182.07' (M) N89°21'28"W 405.45' (M) N01°10'43"E 166.48' (M) N84°10'02"E 52.04' (M) N87°36'29"E 182.74' (M) S89°21'28"E 165.15' UNION PACIFIC RAILROAD NORTH COLLEGE AVENUE (PUBLIC R.O.W. VARIES) OWNER: MORENG MIRIAM T OWNER: SALVATION ARMY OWNER: DEF ENTERPRISES OWNER: D AND M LARSEN FAMILY LLP OWNER: REYNOLDS OWNER: LEVY ILAN KENNETH & SUE C OWNER: REYNOLDS KENNETH & SUE C OWNER: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL S00°38'34"E 2657.03' 9' WIDE UTILITY EASEMENT 33' WIDE R.O.W. DEDICATED BY THIS PLAT MASON STREET EMERGENCY ACCESS EASEMENT EXISTING 10' UTILITY EASEMENT, BK 1748 PG 256 (TO BE VACATED PER THIS PLAT) 15' WIDE UTILITY EASEMENT EXISTING PERMANENT ACCESS EASEMENT REC. NO. 20120017449 30' WIDE UTILITY EASEMENT DRAINAGE EASEMENT C1 N89°21'28"W 113.51' C 2 L1 C 3 N00°38'32"E 26.68' N79°43'53"W 27.39' S00°38'32"W 37.26' C 4 N89°21'28"W 69.79' S00°38'32"W 24.00' S89°21'28"E 54.00' L2 S89°21'28"E 24.16' C 5 C 6 S89°21'28"E 102.95' C7 30.00' L3 133.08' 15.00' 15.00' 4.2' 25.83' 156.91' 73.40' 98.24' 9.0' 9.07' 33.00' 33.25' 169.00' 145.94' 159.81' 22.25' BASIS OF BEARINGS EAST LINE OF THE SE 1/4 SECTION 2 (R) EAST 425.74' (R) S00°32'W 165.87' (R) WEST 190.00' (R) S86°57'57"W 182.74' (M) N89°21'28"W 40.00' (M) N89°21'28"W 24.71' 73.00' 107.65' S00°18'41"W 182.01' S00°18'41"W 180.65' N89°21'28"W 167.89' N01°10'43"E 171.25' N00°47'32"W 182.07' N01°10'43"E 170.23' LOT 1 71,729 sq.ft 1.647 acres L5 L4 POINT OF BEGINNING N89°21'37"W 20.15' 116.74' OWNER: JOG LLC 9701300039 9702434003 9702434907 9702413911 9702413009 9702435001 9702415003 9702415004 9702415005 (M) 230.18' 40.0' 57.5' R.O.W. PER REC. NO. 20120017448 PER BOOK 2038, PAGE 947 PER REC. NO. 20110088042 UNPLATTED (R) SOUTH 230.50' (R) WEST 40.00' (R) N89°21'28"W 24.71' (M) S00°38'34"W 182.01' (R) NORTH 181.40' (R) N89°21'28"W 20.17' (M) PART OF BLOCK 5, RIVERSIDE PARK PART OF BLOCK 5, RIVERSIDE PARK PART OF BLOCK 5, RIVERSIDE PARK PORTION OF RIVERSIDE PARK PORTION OF RIVERSIDE PARK PORTION OF RIVERSIDE PARK TRACT IN RIVERSIDE PARK PORTION OF RIVERSIDE PARK (R) S83°31'30"W 52.04' SE CORNER, S2-T7N-R69W FND 3" BRASS CAP CDOT, ILLEGIBLE E 1/4 CORNER S2-T7N-R69W FND 3 1/2" ALUM CAP "COFC" PLS 20132 CURVE TABLE CURVE C1 C2 C3 C4 C5 C6 C7 DELTA 79°56'16" 31°58'45" 62°38'19" 90°00'00" 53°07'48" 53°07'48" 45°00'00" RADIUS 10.00' 25.00' 23.00' 4.50' 15.00' 15.00' 15.00' LENGTH 13.95' 13.95' 25.14' 7.07' 13.91' 13.91' 11.78' BEARING N49°23'20"W N73°22'05"W N30°40'37"W S45°38'32"W S62°47'34"E S62°47'34"E S66°51'28"E CHORD 12.85' 13.77' 23.91' 6.36' 13.42' 13.42' 11.48' LINE TABLE LINE L1 L2 L3 L4 L5 LENGTH 5.04' 7.00' 1.56' 14.84' 20.00' BEARING N32° 35' 58"E S00° 38' 32"W S44° 21' 28"E N00° 47' 20"W N89° 12' 40"E NORTH NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years after the date of the certificate shown 301 North Howes Street, Suite 100 hereon. Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com 2 BOUNDARY LINE EXISTING RIGHT-OF-WAY EASEMENT LINE LOT LINE FOUND PROPERTY CORNER AS DESCRIBED DRAFT 05/04/16 SECTION LINE (R) = RECORDED (M) = MEASURED BEING A REPLAT OF LOTS 4-10, 27-34, PARTS OF LOTS 11 & 26, VACATED RIGHT OF WAY AND ALLEY, BLOCK 5, RIVERSIDE PARK LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, STATE OF COLORADO P EN ST SSSS UU NNNN DD AAAA NNN N CCCC EEEE CC TT S U N D A N C E C T AA AA GGGG AAAA PP P P EEE E WWWWAAAAYYY Y A G A P E WAY FFFF OOOO XXXX GGG G LLOOOO LL VV EEE E CC TTTT F O X G LO V E C T WWWWO OOOOO OOD DDDLL LLN W O OD LN NNN AA AALL LLPPPPII IINNNNEE EE SS SSTT ALPINE ST TT RRRREEEEDDDD CCCCEEEEDDDDAAAAR RRCCCCI R III RRRR RED CEDARCI R PPPPOOO OUUUU DDDD RREEE RR E SSSSTTT T POU D REST TTT TRRRRE EEEEEEELLL LIII I NNNN EEEE PPPP LL LL TREE LI N EP L BBBBEE EELLLLLLLLFF F FLLLLOOOOWWWWEEEERR BELLFLOWRRDDDDRRRR E R DR LLLL IIIINNNN DDDDEEEE NNNN CCCC EEEE NN TTTT EE EE RRRR DD DD RRRR LINDE N C E N T E R D R PPIIIINN PP NNOOOONN NN SSSSTT PINON ST TT LLL LLLL L O O OO XXX XC CC CTTT T LL O XCT LLL LOOOOGGG G AAAANNN N AA AAVVV LOGANAVVEEEEE PPP P EEE E RR EEEE GG GG RRRR IIII NNN N EEEE RR UUUU NNN N P E R E G R I N E R U N 1111SSSS TTTT SS 1 ST ST TTTT BBBBAAAAUUUUMMMMSSSST BAUMST TT T NNNNOOOOKKKKOO OOMMMMII IISS SS CC NOKOMISCCTTTT CT WWW WEEEESSS STT TT WWW WOOOOOOO ODDDD DD D WESTWOODDDRRRRR CC CCAAAAJJJJEEE E TT AAAA NN N N SSTTTT SS CAJE T A N ST MM MM UUUU LL L LL L EEEE II NNNN DDDD RRRR M U L L E I N D R N NNNLLL LO OOOOOOOM MMMIIIIS S SS AAAAV VVVEEE E N LOOMIS AVE N NN NLLL LO OO OOOO OM MMMIIIIS SAAA SS AV N LOOMIS AVE VVVEEE E WWWWOO OOOO O ODD DSSSSTT D WWWWOO WOOD ST T OOOO O ODD DSSS D STT WWWWOO W OO D ST T OOOO O ODD DDSSS STT W O OD ST T WWWWOO OOOO OODD DDSS SSTT W O OD ST TT BBUUUUTTTT BB CCCC HHHH CCC C AAAA SSSSSSSS IIIIDDD DYYYY DDDDRR RR BUT C H C A SS IDY DR HHIII HH HBBDDDDOOOONNNNCCCCTTTT IBDONCT IBB BBBB RRRR EE E E WWWW EE RR DDD DRRRR B R E W E R DR N NN NMMMME ELLL EE LD DRRR DD RU UUUMMMMS N MELDRUMST SS STTT T FFF FOOOOXXX XTTTTAAAAII IILL LL SSSS TT FOXTAIL ST SSSSUUU UNNNN DDD D AANNN AA NCCCCEEE E CCCC IIII RRR R NNNN SUN D ANCE C I R N HH EE EEMMMM LLLLOOOO CCCCKKKK SS SSTTTT HEMLOCK ST HH HHEEE EMMMMLLL LOOOOCCC CKKKK SS TTT T HEMLOCK S T HHHHEEEEMMMMLLLLOO OO CCCCKK KK SSSSTT HEMLOCK ST TT OOOOSS SSIIII AANNNN AA DD DD EEEE RR RR SS SSTT TT OSIAN D E R ST OOO O SSIIIIAAA SS ANNNNDDD DEEEE RR SSSS TT TT OSIANDE R S T PPAAA PP ASSSSCCCCAAAALLLLSSSS TTTT PASCAL S T SS SSYYY YCCCCAAA AMMMMOOO ORRRREEE E SSSSTTT SYCAMORE ST T SSSSYY YYCCCCAA AAMMMMOO OORR RREE EE SSSSTT SYCAMOR E ST TT NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years after the date of the certificate shown 301 North Howes Street, Suite 100 hereon. Fort Collins, Colorado 80521 N O R T H E RN PHONE: 970.221.4158 www.northernengineering.com 1 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. SURVEYOR'S STATEMENT I, Robert C. Tessely, 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. Robert C. Tessely Colorado Registered Professional Land Surveyor No. 38470 For and on behalf of Northern Engineering 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 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. 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.:__________________________________ 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. APPROVED AS TO FORM, CITY ENGINEER By the City Engineer of the City of Fort Collins, Colorado this ______day of _____________ A.D., 20_____. ____________________________________________________ City Engineer NOTES: 1) The Basis of Bearings is the East line of the Southeast Quarter of Section 2, as bearing South 00°38'34" East (assumed bearing) as monumented on drawing. 2) For all information regarding easements, right-of-way or title of record, Northern Engineering relied upon File Number ______________________ prepared by __________ Title Company, dated _______________. 3) There shall be no private conditions, covenants or restrictions that prohibit or limit installation of resource conserving equipment or landscaping that are allowed by sections 12-120--12-122 of the City Code. 4) Subject property contains 71,729 square, or 1.647 acres, more or less. 5) The lineal unit of measurement for this plat is U.S. Survey Feet. OWNER: BY:_________________________________ STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by __________________________, as ______________________ of _______________________________. Witness my hand and official seal My commission expires: ________________ _______________________________ Notary Public STATEMENT OF OWNERSHIP AND SUBDIVISION : Know all persons by these presents, that the undersigned owner(s) of the following described land: A portion of Riverside Park, Fort Collins, Colorado, contained within the boundary lines which begin at a point which bears South 230.50 feet, and again West 40.00 feet from the East One-Quarter (E ¼) corner of Section 2, Township 7 North, Range 69 West of the Sixth P.M., said point of beginning being the point of intersection of the Southerly right-of-way line of the Union Pacific Railroad and the Westerly right-of-way line of North College Avenue and run thence along said railroad right-of-way line of the following courses and distances: West 190.00 feet, and again S 86°57’57” W 182.74 feet, and again S 83°31’30” West 52.04 feet; thence leaving said right-of-way line run S 00°32’ W 165.87 feet; thence East 425.74 feet to a point on the Westerly right-of-way line of North College Avenue; thence North 181.40 feet along said Westerly right-of-way line to the point of beginning. ALSO known as Lot 4 through 10 and part of Lots 11 and 26 lying South of the Union Pacific Railroad and all of Lots 27 through 34, Block 5, Riverside Park, EXCEPT those portions contained in Book 1854 at Page 700 and Book 2038 at Page 947 and Deed recorded March 16, 2012 at Reception No. 20120017448, County of Larimer, State of Colorado (Which above described tract contains 1.647 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 Plat to be known as LYRIC CINEMA (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. BEING A REPLAT OF LOTS 4-10, 27-34, PARTS OF LOTS 11 & 26, VACATED RIGHT OF WAY AND ALLEY, BLOCK 5, RIVERSIDE PARK LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, STATE OF COLORADO LIENHOLDER: BY:_________________________________ STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by __________________________, as ______________________ of _______________________________. Witness my hand and official seal My commission expires: ________________ _______________________________ Notary Public DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES APPROVAL By the Director of Community Development and Neighborhood Services the City of Fort Collins, Colorado this _____ day of ___________ A.D., 20_____. ____________________________________________________ Director of Community Development and Neighborhood Services N SITE COLLEGE AVE. CONIFER ST. U.P.R.R. DRAFT 05/04/16 VINE DR. REDWOOD ST.