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HomeMy WebLinkAboutFORT COLLINS JEEP - PDP - PDP170013 - SUBMITTAL DOCUMENTS - ROUND 3 - SUBDIVISION PLATSURVEYOR'S STATEMENT: I, JOHN E. KRATZ, 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. ______________________________ JOHN E. KRATZ COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 20142 LOCATED IN THE SOUTHEAST 1 4 OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO SHEET OF 2 FORT COLLINS JEEP SHEET OF 2 PREPARED BY: PARAGON ENGINEERING CONSULTANTS, INC. 7852 S. ELATI STREET, SUITE 106 LITTLETON, COLORADO 80120 303-794-8604 DATE OF PREPARATION: 03/15/2017 PREPARED FOR: FORT COLLINS JEEP 224 WEST HARMONY ROAD FORT COLLINS, CO PHONE: SCALE: 1" = 2,000' VICINITY MAP 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. 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 STATEMENT OF OWNERSHIP AND SUBDIVISION: KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING OWNER(S) OF THE FOLLOWING DESCRIBED LAND: A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER TO BEAR N89°53'00”W; THENCE N89°53'00”W, ALONG SAID SOUTH LINE, A DISTANCE OF 967.13 FEET; THENCE N1°05'37”E A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST HARMONY ROAD; Δ=89°59'23" R=25.00' L=39.27' CHORD B: S45°00'19"W CHORD D: 35.35' N00°42'59"W 133.42' N90°00'00"W 146.12' S12°59'22"E 12.28' N90°00'00"W 222.40' S45°30'58"W 18.55' N89°53'01"W 280.33' S73°53'58"W 12.50' S43°16'52"W 20.21' N89°53'00"W 91.54' N1°05'37"E 224.10' N89°58'15"W 5.00' N1°05'37"E 81.29' Δ=28°33'29" R=150.50' L=75.01' CHORD B: N12°44'40"W CHORD D: 74.24' Δ=20°00'08" R=99.50' L=34.74' CHORD B: N17°01'11"W CHORD D: 34.56' N1°05'37"E 70.00' S89°48'40"E 435.54' S1°03'05"W 462.10' WEST HARMONY ROAD (R.O.W. WIDTH VARIES) BOOK: 1576, PAGE: 695; RECEPTION NO.'S 20100015829 & 20100010805 N88°54'23"W 5.00' N01°05'37"E 50.00' N89°53'00"W 2,649.99' (BASIS OF BEARINGS) SOUTH 1 4 CORNER SECTION 35 T.7N., R. 69 W, 6TH P.M. FOUND 3 1 4" ALUMINUM CAP STAMPED "PLS 5028" POINT OF COMMENCEMENT SE 1 4 CORNER SECTION 35 T.7N., R. 69 W, 6TH P.M. FOUND 2 1 2" ALUMINUM CAP IN RANGE BOX STAMPED "PLS 17497" 967.13' POINT OF BEGINNING SOUTH MASON STREET (60' R.O.W.) RECEPTION NO'S ____________________ 11.42' CITY OF FORT COLLINS REC. NO. 20120033213 LOT 1 PEDERSEN AUTO PLAZA SUBDIVISION 2nd FILING LOT 1 TOTAL SITE AREA: 195,092 SQ. FT. ~ 4.479 ACRES NET AREA: 189,171 SQ. FT. ~ 4.343 ACRES 15' U.E. S01°03'05"W 463.83' R.O.W. DEDICATED BY THIS PLAT 5,707 SQ. FT ~ 0.131 ACRES 60' EXIST. 5' PERMANENT UTILITY ESMT. REC. NO. 20120033214 R.O.W. DEDICATED BY THIS PLAT 214 S.F. ~ 0.005 ACRES SEE DETAIL RIGHT N00°00'37"E 133.08' N00°00'37"E 83.48' N89°59'23"W 54.98' Δ=38°18'21" R=50.00' L=33.43' CHORD B: N44°59'41"W CHORD D: 32.81' N00°00'00"E 225.85' Δ=38°18'59" R=50.00' L=33.44' CHORD B: N45°00'01"E CHORD D: 32.82' S89°59'59"E 293.57' S89°59'59"E 249.99' N00°00'00"E 182.26' Δ=89°59'59" R=25.00' L=39.27' CHORD B: S44°59'59"E CHORD D: 35.36' S00°00'00"E 271.80' S00°00'00"E 283.97' Δ=89°02'51" R=25.00' L=38.85' CHORD B: S45°28'34"W CHORD D: 35.06' Δ=90°00'37" R=25.00' L=39.27' CHORD B: N44°59'41"W CHORD D: 35.36' N89°59'23"W 54.98' Δ=38°18'58" R=50.00' L=33.44' CHORD B: N44°59'23"W CHORD D: 32.82' Δ=89°59'23" R=25.00' L=39.27' CHORD B: N44°59'41"W CHORD D: 35.35' Δ=90°00'01" R=25.00' L=39.27' CHORD B: N45°00'01"E CHORD D: 35.36' S00°57'09"W 42.59' S00°57'09"W 63.27' N90°00'00"W 168.12' 207.12' Δ=38°19'09" R=50.00' L=33.44' CHORD B: S43°39'42"W CHORD D: 32.82' 20.00' N90°00'00"E 32.27' N90°00'00"W 25.32' Δ=24°21'52" R=50.00' L=21.26' CHORD B: S51°58'32"E CHORD D: 21.10' S00°00'37"W 1.43' Δ=90°00'00" R=25.00' L=39.27' CHORD B: N44°59'23"W CHORD D: 35.36' SEE DETAIL RIGHT TRANSIT ESMT. SEE DETAIL RIGHT 20' 20' EMERGENCY ACCESS ESMT. 20' EMERGENCY 20' ACCESS ESMT. 423.54' 53.91' 15.00' N90°00'00"W 23.67' N80°14'01"W 111.29' N00°00'00"E 254.97' N90°00'00"E 56.00' S00°00'00"E 11.00' N00°00'00"E 131.50' N90°00'00"E 77.29' N90°00'00"W 80.05' S00°00'00"W 85.50' N90°00'00"E 197.64' N90°00'00"E 130.66' N00°00'00"E 20.00' S00°00'00"E 20.68' N90°00'00"W 91.47' N90°00'00"W 87.35' N90°00'00"E 170.00' S00°00'00"E 29.50' S80°14'01"E 107.28' S90°00'00"E 22.66' DRAINAGE ESMT. DRAINAGE ESMT. DRAINAGE ESMT. 15' BNSF RAILWAY RIGHT-OF-WAY 12' N89°48'40"W 418.54' Δ=19°47'24" R=94.50' L=32.64' CHORD B: S17°07'33"E CHORD D: 32.48' S01°05'37"W 64.72' Δ=28°32'38" R=155.50' L=77.47' CHORD B: S12°45'05"E CHORD D: 76.67' 100' N90°00'00"W 41.00' KENSINGTON DRIVE (54' R.O.W.) GATEWAY AT HARMONY ROAD PUD 2ND FILING GATEWAY AT HARMONY ROAD PUD 3ND FILING GATEWAY AT HARMONY ROAD PUD 3ND FILING 12.00' 369.92' BEGIN EXIST. 5' PERMANENT UTILITY ESMT. REC. NO. 20120033214 END EXIST. 5' PERMANENT UTILITY ESMT. REC. NO. 20120033214 5' WIDE PEDESTRIAN ACCESS ESMT. 5' 5' WIDE PEDESTRIAN ACCESS ESMT. 5' 5.00' 15' U.E. N90°00'00"E 44.71' N90°00'00"W 24.95' N00°00'00"E 20.00' N00°42'59"W 113.38' N90°00'00"W 14.32' L3 L2 L1 20' WATER LINE ESMT. 20' N00°00'00"E 17.50' N90°00'00"E 10.00' 24.50' 58.98' L=5.04 PROPOSED EASEMENTS RIGHT-OF-WAY UTILITY EASEMENT FOUND REBAR W/ CAP STAMPED PLS 14823 FOUND ILLEGIBLE ORANGE CAP ON REBAR FOUND 1" BRASS TAG IN WALK STAMPED PLS 14222 SET NO. 5 REBAR W/ YELLOW PLASTIC CAP STAMPED "PLS 20142" OR 1" BRASS TAG STAMPED "PLS 20142" SET IN CONCRETE SECTION CORNER PROPOSED R.O.W. SECTION LINE PROPERTY LINE R.O.W. LEGEND U.E. EXISTING EASEMENT LINE TABLE LINE NO. L1 L2 L3 LENGTH 14.73' 5.27' 14.73' DIRECTION N89°53'01"W N89°53'01"W N89°53'01"W N79°23'34"E 10.84' 24.20' N88°30'34"E 92.78' S00°00'00"W 1.13' 13.00' 23.00' 56.78' N07°58'18"E 6.08' N88°30'34"E 21.00' S10°57'11"E 6.08' S89°53'00"E 91.54' 67.34' S73°53'58"W 12.50' S89°53'01"E 280.33' 24.06' TRANSIT ESMT. 2.99' 15' U.E. 15' U.E. Feet 0 30 60 LOCATED IN THE SOUTHEAST 1 4 OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO SHEET OF 2 FORT COLLINS JEEP SHEET OF 2 PREPARED BY: PARAGON ENGINEERING CONSULTANTS, INC. 7852 S. ELATI STREET, SUITE 106 LITTLETON, COLORADO 80120 303-794-8604 DATE OF PREPARATION: 03/15/2017 2 2 DETAIL SCALE: 1" = 10' SCALE: 1" = 30' THENCE ALONG THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 20120033213 OF THE RECORDS OF SAID LARIMER COUNTY CLERK AND RECORDER, THE FOLLOWING SEVEN (7) COURSES: 1. N1°05'37”E A DISTANCE OF 224.10 FEET; 2. N89°58'15”W A DISTANCE OF 5.00 FEET; 3. N1°05'37”E A DISTANCE OF 81.29 FEET; 4. N88°54'23”W A DISTANCE OF 5.00 FEET TO A POINT OF NON-TANGENT CURVE; 5. NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 28°33'29”, A RADIUS OF 150.50 FEET, AN ARC LENGTH OF 75.01 FEET AND A CHORD BEARING AND DISTANCE OF N12°44'40”W, 74.24 FEET TO A POINT OF REVERSE CURVE; 6. NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 20°00'08”, A RADIUS OF 99.50 FEET, AN ARC LENGTH OF 34.74 FEET AND A CHORD BEARING AND DISTANCE OF N17°01'11”W, 34.56 FEET; 7. N1°05'37”E A DISTANCE OF 70.00 FEET TO THE SOUTH LINE OF LOT 1, PEDERSEN AUTO PLAZA SUBDIVISION; THENCE S89°48'40”E, ALONG SAID SOUTH LINE, A DISTANCE OF 435.54 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH MASON STREET; THENCE S1°03'05”W, ALONG SAID WESTERLY LINE, A DISTANCE OF 462.10 FEET TO THE NORTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 20100010805 OF THE RECORDS OF SAID LARIMER COUNTY CLERK AND RECORDER; THENCE S43°16'52”W, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 20.21 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 20100015829 OF THE RECORDS OF SAID LARIMER COUNTY CLERK AND RECORDER AND SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST HARMONY ROAD; THENCE ALONG SAID LINE THE FOLLOWING THREE (3) COURSES: 1. N89°53'01”W A DISTANCE OF 280.33 FEET; 2. S73°53'58”W A DISTANCE OF 12.50 FEET; 3. N89°53'00”W A DISTANCE OF 91.54 FEET TO THE POINT OF BEGINNING. WHICH ABOVE DESCRIBED TRACT CONTAINS 195,092 SQUARE FEET OR 4.479 ACRES OF LAND, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, T.7N, R.69W, 6TH P.M., CONSIDERED TO HAVE A BEARING OF N89°53'00”W BETWEEN THE SOUTHEAST SECTION CORNER (A 2-1/2” ALUMINUM CAP FOUND IN RANGE BOX, PLS 17497) AND THE SOUTH ONE-QUARTER CORNER (A 3-1/4” ALUMINUM CAP FOUND IN RANGE BOX, PLS 5028). FOR THEMSELVES AND THEIR SUCCESSORS IN INTEREST (COLLECTIVELY, "OWNER") HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED AND SUBDIVIDED IN TO A LOT AS SHOWN ON THIS PLAT TO BE KNOWN AS FORT COLLINS JEEP (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 THE PLAT SHALL RUN WITH THE LAND. PLANNING APPROVAL: BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OF THE CITY OF FORT COLLINS, COLORADO THIS ________ DAY OF __________ A.D., 20____ . ___________________________________________________________________ DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OWNER: BY: ______________________________ DATE: _____________________________ (NAME) (TITLE) NOTARIAL CERTIFICATE: STATE OF COLORADO ) ) SS. COUNTY OF _________ ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY ________________________ AS _____________________ OF _____________________ THIS ___________ DAY OF ______________, 20 ___. MY COMMISSION EXPIRES ____________________________________ WITNESS MY HAND AND OFFICIAL SEAL ____________________________ NOTARY PUBLIC 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. 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-OFWAY, 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.: ____________________ GENERAL NOTES: 1. STATUTE OF LIMITATIONS DISCLOSURE (C.R.S. 13-80-105). NOTICE: ACCORDING TO COLORADO STATE 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. 2. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND SURVEY CORNER WHICH CONTROLS THE LOCATION OF THE BOUNDARIES OF A TRACT OR PARCEL OF LAND, EVEN IF SAID PERSON HAS TITLE TO THE LAND ON WHICH THE MONUMENT IS LOCATED, COMMITS A CLASS 2 MISDEMEANOR UNLESS, PRIOR TO SUCH REMOVAL, SAID PERSON HAS CAUSED A COLORADO PROFESSIONAL LAND SURVEYOR TO ESTABLISH AT LEAST TWO WITNESS CORNERS OR REFERENCE MARKS FOR EACH SUCH MONUMENT REMOVED, AND HAS FILED OR CAUSED TO BE FILED A MONUMENT RECORD PURSUANT TO ARTICLE 53 OF TITLE 38, C.R.S. (18-4-508, C.R.S.) 3. ALL USERS OF THIS SURVEY ARE HEREBY NOTIFIED THAT THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY RED ROCK LAND SURVEYS, LLC OR JOHN E. KRATZ, PLS TO DETERMINE A) RIGHT TO TITLE, B) CHAIN OF TITLE / ABSTRACT C AND D) EASEMENTS, RIGHTS-OF-WAY AND OTHER INSTRUMENTS OF RECORD THAT MAY IMPACT TITLE TO THIS PROPERTY. ADDITIONALLY, UNWRITTEN PROPERTY RIGHTS MAY EXIST WHICH ARE UNKNOWN TO THIS FIRM AND PROFESSIONAL LAND SURVEYOR. 4. NO TITLE COMMITMENT: NO TITLE COMMITMENT OR POLICY WAS SUPPLIED BY THE OWNER OR CLIENT IN CONNECTION WITH THIS SURVEY. EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD MAY EXIST THAT ARE NOT SHOWN HEREON. 5. BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, T.7N, R.69W, 6TH P.M., CONSIDERED TO HAVE A BEARING OF N89°53'00”W BETWEEN THE SOUTHEAST SECTION CORNER (A 2-1/2” ALUMINUM CAP FOUND IN RANGE BOX, PLS 17497) AND THE SOUTH ONE-QUARTER CORNER (A 3-1/4” ALUMINUM CAP FOUND IN RANGE BOX, PLS 5028). 6. THE LINEAL DIMENSIONS AS CONTAINED HEREIN ARE BASED UPON THE "U.S. SURVEY FOOT." 1 1 LIENHOLDER SUBORDINATION CERTIFICATE: THE UNDERSIGNED ARE ALL THE MORTGAGEES AND LIENHOLDERS OF CERTAIN LANDS IN THE CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO DESCRIBED HEREON. THE UNDERSIGNED BENEFICIARY OF THE LIEN CREATED BY THE INSTRUMENT RECORDED ______________ AT RECEPTION NO. ___________, LARIMER COUNTY, COLORADO, SUBORDINATES THE SUBJECT LIEN TO THE TERMS, CONDITIONS AND RESTRICTIONS OF THIS DOCUMENT. _______________________________ (NAME) SIGNED THIS ______ DAY OF ________________________, 20______. NOTARY BLOCK SUBSCRIBED AND SWORN TO BEFORE ME THIS ______ DAY OF ________________________, 20______ BY ____________________________________ AS __________________________ OF (NAME), N.A. WITNESS MY HAND AND OFFICIAL SEAL. _________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ________________________. SITE NOTE: 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."