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Home My WebLink AboutSPIRIT AT THE RIVER - FDP180015 - SUBMITTAL DOCUMENTS - ROUND 4 - SUBDIVISION PLATREVISIONS NO. REV. DATE REVISIONS DESCRIPTION project no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date: SHEET www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 1525 Raleigh Street, Suite 400 Denver, CO 80204 OLSSON ASSOCIATES ASSUMES NO RESPONSIBILITY FOR EXISTING UTILITY LOCATIONS (HORIZONTAL OR VERTICAL). THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS HOWEVER THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES. CALL 811 SEVENTY-TWO HOURS PRIOR TO DIGGING, GRADING OR EXCAVATING FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES R SE 1/4, SEC. 12-T7N-R69W (PART OF LOT 1, BALDWIN MINOR SUBDIVISION & PART OF LOT 1, WOODWARD TECHNOLOGY CENTER FORT COLLINS, LARIMER COUNTY, COLORADO 2017 017-0150 07-31-2017 3 SPIRIT AT THE RIVER SUBDIVISION FINAL PLAT SPIRIT AT THE RIVER SUBDIVISION KEB LMM JCS MAG V_FPT_70150 1 of 1 11/20/2018 Revised per city comments 2 5/16/2019 Revised per city comments BEING A REPLAT OF PART OF LOT 1, BALDWIN MINOR SUBDIVISION AND A PART OF LOT 1, WOODWARD TECHNOLOGY CENTER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SITE VICINITY MAP GENERAL NOTES: 1. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY OLSSON ASSOCIATES TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL LOT 1 IN-SITU SUBDIVISION LOT 1 148,344 SQUARE FEET OR 3.405 ACRES LOT 1 WOODWARD TECHNOLOGY CENTER UNPLATTED CITY OF FORT COLLINS NATURAL RESOURSES CACHE LA POUDRE RIVER BLOCK 9 BUCKINGHAM PLACE BLOCK 8 BUCKINGHAM PLACE LOT 4 WOODWARD TECHNOLOGY CENTER LOT 2 42,014 SQUARE FEET OR 0.964 ACRES SPIRIT AT THE RIVER SUBDIVISION BEING A REPLAT OF LOT 1, BALDWIN MINOR SUBDIVISION AND A PORTION OF LOT 1, WOODWARD TECHNOLOGY CENTER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO REVISIONS NO. REV. DATE REVISIONS DESCRIPTION project no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date: SHEET www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 1525 Raleigh Street, Suite 400 Denver, CO 80204 OLSSON ASSOCIATES ASSUMES NO RESPONSIBILITY FOR EXISTING UTILITY LOCATIONS (HORIZONTAL OR VERTICAL). THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS HOWEVER THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES. CALL 811 SEVENTY-TWO HOURS PRIOR TO DIGGING, GRADING OR EXCAVATING FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES R SE 1/4, SEC. 12-T7N-R69W LOT 1 IN-SITU SUBDIVISION LOT 1 148,344 SQUARE FEET OR 3.405 ACRES LOT 1 WOODWARD TECHNOLOGY CENTER UNPLATTED CITY OF FORT COLLINS NATURAL RESOURSES CACHE LA POUDRE RIVER LOT 4 WOODWARD TECHNOLOGY CENTER LOT 2 42,014 SQUARE FEET OR 0.964 ACRES LEGEND SPIRIT AT THE RIVER SUBDIVISION BEING A REPLAT OF LOT 1, BALDWIN MINOR SUBDIVISION AND A PORTION OF LOT 1, WOODWARD TECHNOLOGY CENTER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EAST LINCOLN AVENUE (57.5' SOUTH ROW) REVISIONS NO. REV. DATE REVISIONS DESCRIPTION project no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date: SHEET www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 1525 Raleigh Street, Suite 400 Denver, CO 80204 OLSSON ASSOCIATES ASSUMES NO RESPONSIBILITY FOR EXISTING UTILITY LOCATIONS (HORIZONTAL OR VERTICAL). THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS HOWEVER THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES. CALL 811 SEVENTY-TWO HOURS PRIOR TO DIGGING, GRADING OR EXCAVATING FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES R SE 1/4, SEC. 12-T7N-R69W (PART OF LOT 1, BALDWIN MINOR SUBDIVISION & PART OF LOT 1, WOODWARD TECHNOLOGY CENTER FORT COLLINS, LARIMER COUNTY, COLORADO 2017 017-0150 07-31-2017 3 FINAL PLAT SPIRIT AT THE RIVER SUBDIVISION KEB LMM JCS MAG V_FPT_70150 3 of 1 11/20/2018 Revised per city comments 2 5/16/2019 Revised per city comments RECORD NOTES: 1. EXISTING DEEDS OF RECORD FOR THIS PROPERTY AT TIME OF PLAT: RECEPTION NO. 20180013347 (BALDWIN MINOR SUBDIVISION); RECEPTION NO. 20180013427 (PORTION OF LOT 1, WOODWARD TECHNOLOGY CENTER). 2. CERTAIN IRRIGATION EASEMENTS THAT WERE RESERVED IN PRIOR DEEDS OF THE SUBJECT PROPERTY (RECEPTION NOs. 90034879, 90034880 AND 9034881) HAVE BEEN DISSOLVED BY CASE NO. ______________. (PART OF LOT 1, BALDWIN MINOR SUBDIVISION & PART OF LOT 1, WOODWARD TECHNOLOGY CENTER FORT COLLINS, LARIMER COUNTY, COLORADO 2017 017-0150 07-31-2017 3 FINAL PLAT SPIRIT AT THE RIVER SUBDIVISION KEB LMM JCS MAG V_FPT_70150 2 of 1 11/20/2018 Revised per city comments 2 5/16/20198 Revised per city comments EASEMENTS VACATED BY THIS PLAT LEGEND INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND TITLE OF RECORD, OLSSON ASSOCIATES RELIED UPON A CLIENT PROVIDED TITLE COMMITMENT FROM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ON BEHALF OF LAND TITLE GUARANTEE COMPANY, COMMITMENT NUMBER FCC25140342-5, EFFECTIVE DATE FEBRUARY 7, 2018 AT 5:00, AND COMMITMENT FROM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ON BEHALF OF LAND TITLE INSURANCE GUARANTEE COMPANY, COMMITMENT NUMBER. FCC25146773-6, EFFECTIVE DATE FEBRUARY 22, 2018 AT 5:00. OLSSON ASSOCIATES HAS EXAMINED THE ABOVE REFERENCED TITLE COMMITMENT AS WELL AS EACH INSTRUMENT LISTED THEREON. 2. 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. 3. BASIS OF BEARINGS (RECORD): SOUTH 09° 06' 15" WEST ALONG THE EAST LINE OF LOT 1, BALDWIN MINOR SUBDIVISION, SAID EAST LINE MONUMENTED AT THE NORTHEAST CORNER OF SAID LOT 1 BY A 5/8 INCH REBAR WITH A GREEN CAP MARKED "PLS 38430" AND AT THE SOUTHEAST CORNER OF SAID LOT 1 BY A FOUND 1/2 INCH REBAR WITH A CAP MARKED "PLS 14823" (NOW UPGRADED AND RESET WITH A 5/8 REBAR WITH A GREEN CAP MARKED "PLS 38430", HAVING A GROUND DISTANCE OF 773.39 FEET, AS SHOWN ON THE RECORDED PLAT OF SAID BALDWIN MINOR SUBDIVISION. 4. PROJECT COORDINATES ARE BASED ON COLORADO NORTHERN ZONE STATE PLANE NAD83 (2011) AND MODIFIED TO GROUND FROM A GRID LOCATION OF NORTH 1457627.84 EAST 3122827.11 (EAST QUARTER OF SECTION 12 BEING MONUMENTED BY A 2" ALUMINUM CAP MARKED PLS 17497) UTILIZING A COMBINED SCALE FACTOR OF 0.9997409228 5. UNITS SHOWN ON SURVEY ARE IN U.S. SURVEY FEET. 6. ACCORDING TO A LETTER OF MAP REVISION (LOMR) ISSUED BY FEDERAL EMERGENCY MANAGEMENT AGENCY; CASE NO.: 17-08-0075P WITH AN EFFECTIVE DATE OF NOVEMBER 24, 2017, THIS PROPERTY LIES WITHIN FLOOD ZONE "AE" (WITHOUT BASE FLOOD ELEVATION); FLOOD ZONE "X (SHADED)" (AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN ONE SQUARE MILE); FLOOD ZONE "X (STRIPED)" (AREAS WITH REDUCED FLOOD RISK DUE TO LEVEE); AND FLOOD ZONE "X" (UNSHADED) (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN). 7. STREET MAINTENANCE. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE DEDICATED ROADWAYS SHOWN ON THIS PLAT WILL NOT BE MAINTAINED BY THE CITY UNTIL AND UNLESS THE STREETS ARE CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS IN EFFECT AT THE DATE CONSTRUCTION PLANS ARE APPROVED, AND PROVIDED THAT CONSTRUCTION OF SAID ROADWAY(S) IS STARTED WITHIN ONE (1) YEAR OF THE CONSTRUCTION PLAN APPROVAL. THE OWNER(S), DEVELOPER(S) AND/OR SUBDIVIDER(S), THEIR SUCCESSORS AND/OR ASSIGNS IN INTEREST, SHALL BE RESPONSIBLE FOR STREET MAINTENANCE UNTIL SUCH TIME AS THE CITY ACCEPTS THE RESPONSIBILITY FOR MAINTENANCE AS STATED ABOVE. 8. DRIVES, PARKING AREAS AND UTILITY EASEMENTS MAINTENANCE. THE OWNERS OF THIS SUBDIVISION, THEIR SUCCESSORS AND/OR ASSIGNS IN INTEREST, THE ADJACENT PROPERTY OWNER(S), HOMEOWNERS' ASSOCIATION OR OTHER ENTITY OTHER THAN THE CITY IS RESPONSIBLE FOR MAINTENANCE AND UPKEEP OF ANY AND ALL DRIVES, PARKING AREAS AND EASEMENTS (CROSS-ACCESS EASEMENTS, DRAINAGE EASEMENTS, ETC.) 9. DRAINAGE MAINTENANCE. THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL DRAINAGE FACILITIES INSTALLED PURSUANT TO THE DEVELOPMENT AGREEMENT. REQUIREMENTS INCLUDE, BUT ARE NOT LIMITED TO, MAINTAINING THE SPECIFIED STORM WATER DETENTION/ RETENTION VOLUMES, MAINTAINING OUTLET STRUCTURES, FLOW RESTRICTION DEVICES AND FACILITIES NEEDED TO CONVEY FLOW TO SAID BASINS. THE CITY SHALL HAVE THE RIGHT TO ENTER PROPERTIES TO INSPECT SAID FACILITIES AT ANY TIME. IF THESE FACILITIES ARE NOT PROPERLY MAINTAINED, THE CITY SHALL NOTIFY THE PROPERTY OWNER IN WRITING AND SHALL INFORM THE OWNER THAT CORRECTIVE ACTION BY THE OWNER SHALL BE REQUIRED WITHIN TEN (10) WORKING DAYS OF RECEIPT OF NOTIFICATION BY THE CITY, UNLESS AN EMERGENCY EXISTS, IN WHICH CASE CORRECTIVE ACTION SHALL BE TAKEN IMMEDIATELY UPON RECEIPT OF NOTIFICATION BY THE CITY. IF THE OWNER FAILS TO TAKE CORRECTIVE ACTION WITHIN TEN (10) WORKING DAYS, THE CITY MAY PROVIDE THE NECESSARY MAINTENANCE AND ASSESS THE MAINTENANCE COST TO THE OWNER OF THE PROPERTY. 10. DRAINAGE LIABILITY. THE CITY DOES NOT ASSUME ANY LIABILITY FOR DRAINAGE FACILITIES IMPROPERLY DESIGNED OR CONSTRUCTED. THE CITY REVIEWS DRAINAGE PLANS BUT CANNOT, ON BEHALF OF ANY APPLICANT, OWNER OR DEVELOPER, GUARANTEE THAT FINAL DRAINAGE DESIGN REVIEW AND APPROVAL BY THE CITY WILL RELIEVE SAID PERSON, HIS SUCCESSORS AND ASSIGNS, FROM LIABILITY DUE TO IMPROPER DESIGN. CITY APPROVAL OF A FINAL PLAT DOES NOT IMPLY APPROVAL OF THE DRAINAGE DESIGN WITHIN THAT PLAT. 11. LANDSCAPE MAINTENANCE. THE OWNERS OF THIS SUBDIVISION, THEIR SUCCESSORS AND/OR ASSIGNS IN INTEREST, THE ADJACENT PROPERTY OWNER(S), HOMEOWNERS' ASSOCIATION OR ENTITY OTHER THAN THE CITY IS RESPONSIBLE FOR MAINTENANCE AND UPKEEP OF PERIMETER FENCING OR WALLS, LANDSCAPING AND LANDSCAPED AREAS AND SIDEWALKS BETWEEN THE PROPERTY LINE AND ANY PAVED ROADWAYS. THE OWNERS OF THIS SUBDIVISION, THEIR SUCCESSORS AND/OR ASSIGNS IN INTEREST OR AN ENTITY OTHER THAN THE CITY, AGREE TO THE RESPONSIBILITY OF MAINTAINING ALL OTHER OPEN SPACE AREAS ASSOCIATED WITH THIS DEVELOPMENT. 12. 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. 13. TEMPORARY CONSTRUCTION EASEMENT FOR BANK STABILIZATION: THE TEMPORARY CONSTRUCTION EASEMENT FOR THE POUDRE RIVER BANK STABILIZATION WORK PERFORMED FOR THE CITY OF FORT COLLINS SHALL EXPIRE AT THE COMPLETION OF THE WORK. KNOW ALL PERSONS BY THESE PRESENTS, THAT WILLCO XIV DEVELOPMENT, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, BEING OWNER OF THE FOLLOWING DESCRIBED LAND: ALL THAT PART OF LOT 1, BALDWIN MINOR SUBDIVISION, A SUBDIVISION OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, LYING SOUTH OF THE 17.5 FEET WIDE STRIP OF LAND CONVEYED TO THE CITY OF FORT COLLINS IN A GENERAL WARRANTY DEED RECORDED MARCH 10, 2017 AS RECEPTION NUMBER 20170015990, AND THAT PART OF LOT 1, WOODWARD TECHNOLOGY CENTER, A SUBDIVISION IN SAID SOUTHEAST QUARTER, CITY, COUNTY AND STATE, CONVEYED IN A GENERAL WARRANTY DEED RECORDED MARCH 7, 2018 AS RECEPTION NUMBER 20180013427, ALL TOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (NOTE: FOR COURSE ORIENTATION THE BEARINGS IN THIS DESCRIPTION ARE BASED ON THE EAST LINE OF SAID LOT 1, BALDWIN MINOR SUBDIVISION, HAVING A RECORD BEARING OF SOUTH 09° 06' 15" WEST AS SHOWN ON THE PLAT OF SAID BALDWIN MINOR SUBDIVISION, SAID EAST LINE MONUMENTED AT THE NORTHEAST CORNER OF SAID LOT 1 BY A 5/8 INCH REBAR WITH A GREEN CAP MARKED "PLS 38430" AND AT THE SOUTHEAST CORNER OF SAID LOT 1 BY A FOUND 1/2 INCH REBAR WITH A CAP MARKED "PLS 14823" (NOW UPGRADED AND RESET WITH A 5/8 REBAR WITH A GREEN CAP MARKED "PLS 38430", HAVING A GROUND DISTANCE OF 773.39 FEET, AND ALL BEARINGS HEREIN ARE RELATIVE THERETO.) COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, BALDWIN MINOR SUBDIVISION MONUMENTED BY A 5/8 INCH REBAR WITH A GREEN CAP MARKED "PLS 38430"; THENCE SOUTH 09° 06' 15" WEST 17.72 FEET ON THE EAST LINE OF SAID LOT 1 TO THE NORTHWEST CORNER OF SAID LOT 1, WOODWARD TECHNOLOGY CENTER, AND THE POINT OF BEGINNING, SAID CORNER LYING ON THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE ESTABLISHED BY SAID WARRANTY DEED IN RECEPTION 20170015990; THENCE SOUTH 89° 57' 00" EAST 48.03 FEET ON THE NORTH LINE OF SAID LOT 1, WOODWARD TECHNOLOGY CENTER, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE ESTABLISHED BY THE PLAT OF SAID WOODWARD TECHNOLOGY CENTER RECORDED AS RECEPTION 20130059933 TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED IN SAID GENERAL WARRANTY DEED RECORDED AS RECEPTION 20180013427 AND MONUMENTED BY A BRASS TAG MARKED "PLS 38430" SET IN PAVEMENT; THENCE SOUTHERLY ON THE EASTERLY LINE AND SOUTHERLY LINE OF SAID TRACT THE FOLLOWING 6 (SIX) COURSES AND DISTANCES; 1) SOUTH 00° 00' 00" EAST 52.68 FEET TO A BRASS TAG MARKED "PLS 38430" SET IN PAVEMENT; 2) THENCE SOUTH 03° 50' 48" WEST 59.57 TO A BRASS TAG MARKED "PLS 38430" SET IN PAVEMENT; 3) THENCE SOUTH 11° 41' 25" WEST 256.88 FEET TO A 5/8 INCH REINFORCING ROD WITH A CAP MARKED "PLS 38430"; 4) THENCE SOUTH 33° 53' 12" WEST 26.23 FEET TO A 5/8 INCH REINFORCING ROD WITH A CAP MARKED "PLS 38430"; 5) THENCE SOUTH 65° 41' 50" WEST 27.26 FEET TO A 5/8 INCH REINFORCING ROD WITH A CAP MARKED "PLS 38430"; 6) THENCE NORTH 90° 00' 00" WEST 16.09 FEET TO A 5/8 INCH REINFORCING ROD WITH A CAP MARKED "PLS 38430" SET AT THE SOUTHEAST CORNER OF SAID TRACT ON THE EAST LINE OF SAID LOT 1, BALDWIN MINOR SUBDIVISION; THENCE SOUTH 09° 06' 15" WEST 353.88 FEET ON SAID EAST LINE; THENCE SOUTH 56° 38' 00" WEST 84.70 FEET ON THE SOUTHEASTERLY LINE OF SAID LOT 1, BALDWIN MINOR SUBDIVISION; THENCE NORTH 33° 22' 00" WEST 253.90 FEET ON THE SOUTHWESTERLY LINE OF SAID LOT 1, BALDWIN MINOR SUBDIVISION; THENCE NORTH 70° 20' 24" WEST 88.77 FEET CONTINUING ON SAID SOUTHWESTERLY LINE; THENCE NORTH 00° 14' 00" EAST 123.67 FEET ON THE WESTERLY LINE OF SAID LOT 1, BALDWIN MINOR SUBDIVISION; THENCE SOUTH 89° 57' 00" EAST 170.00 FEET CONTINUING ON SAID WESTERLY LINE; THENCE NORTH 00° 14' 00" EAST 427.49 FEET ON SAID WESTERLY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE ESTABLISHED BY SAID RECEPTION 20170015990; THENCE SOUTH 89° 57' 00" EAST 241.30 FEET ON SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. (WHICH ABOVE DESCRIBED TRACT CONTAINS 190,681 SQUARE FEET OR 4.3774 ACRES) 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 SPIRIT AT THE RIVER SUBDIVISION (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. STATEMENT OF OWNERSHIP AND SUBDIVISION: 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 INSURE TO THE BENEFIT OF THE CITY’S AGENTS, LICENSEES, PERMITTEES AND ASSIGNS. OWNER: WILLCO XIV DEVELOPMENT, LLLP BY:__________________________________________ WILLIAM G. ALBRECHT, REGISTERED AGENT STATE OF COLORADO ) ) SS COUNTY OF ) THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _____ DAY OF _____________, 20___. ____________________________________AS___________________________________OF______________________________, MY COMMISSION EXPIRES: ____________________. WITNESS MY HAND AND OFFICIAL SEAL. ______________________________________________ NOTARY PUBLIC 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 COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OF THE CITY OF FORT COLLINS, COLORADO THIS DAY OF A.D. , DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES 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. SUBDIVIDER: ENGINEER: SURVEYOR: OWNER: WILLCO XIV DEVELOPMENT, LLLP 4839 COLLEGE AVE, #11 FORT COLLINS, CO 80525 OLSSON ASSOCIATES MIKE MAURER, PE 1880 FALL RIVER DR, ST 200 LOVELAND, CO 80538 970.635.371 mmaurer@olssonassociates.com OLSSON ASSOCIATES MARK GABERT 1525 RALEIGH ST, SUITE 400 DENVER CO 80204 303.237.2072 mgabert@olssonassociates.com WILLCO XIV DEVELOPMENT, LLLP 4839 COLLEGE AVE, #11 FORT COLLINS, CO 80525 THIS SURVEY WAS PERFORMED BY ME OR UNDER MY RESPONSIBLE CHARGE, IS BASED UPON MY KNOWLEDGE, INFORMATION AND BELIEF, AND IS IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE. THIS STATEMENT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. ON BEHALF OF OLSSON ASSOCIATES, (SEE TITLE BLOCK FOR SEAL AND SIGNATURE) JUSTIN C. SCHIETLER PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NUMBER: 38430 SURVEYOR'S CERTIFICATE (NOT TO SCALE) LIEN HOLDER: BANK OF ESTES PARK BY:____________________________________________ HARRY M. MORGAN, SENIOR VICE PRESIDENT STATE OF COLORADO ) ) SS COUNTY OF ) THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _____ DAY OF _____________, 20___. ____________________________________AS___________________________________OF______________________________, MY COMMISSION EXPIRES: ____________________. WITNESS MY HAND AND OFFICIAL SEAL. ______________________________________________ NOTARY PUBLIC