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HomeMy WebLinkAboutGROWTH LEASING COLORADO - BDR190008 - SUBMITTAL DOCUMENTS - ROUND 3 - SUBDIVISION PLATCOLLEGE AVENUE RED CEDAR CIR CONIFER ST WILLOX LN BRISTLECONE DR BLUE SPRUCE DR REDWOOD ST BAYBERRY CIR Sheet Of 2 Sheets GROWTH LEASING COLORADO 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 hereon. E NGINEER ING N O R T H E RN FORT COLLINS: 301 North Howes Street, Suite 100, 80521 GREELEY: 820 8th Street, 80631 970.221.4158 northernengineering.com 1 CITY OF FORT COLLINS STATE OF COLORADO 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 N89°33'17"W 59.33' FND #4 REBAR, NO CAP, BENT REPLACED WITH #4 REBAR w/ BLUE PLASTIC CAP, PLS 38470 FND NAIL & SHINER, NE, LS 14823 FND 60d NAIL REMOVED & SET #4 REBAR w/PLASTIC CAP, LS 38470 75' TRANSMISSION LINE EASEMENT PER REPLAT (NO. 1) OF EVERGREEN PARK (SEE NOTE 11) RED CEDAR CIRCLE (60' PUBLIC R.O.W. PER REPLAT (NO. 1) OF EVERGREEN PARK) 20' ALLEY (PER REPLAT (NO. 1) OF EVERGREEN PARK) LOT 18, BLOCK 3 REPLAT (NO. 1) OF EVERGREEN PARK LOT 2 EVERGREEN PARK 5TH EXIST. 6' XCEL ENERGY EASEMENT TO BE VACATED PER THIS PLAT (SEE NOTE 9) EXIST. 6' XCEL ENERGY EASEMENT TO BE VACATED PER THIS PLAT (SEE NOTE 9) S89°27'33"E 300.00' S00°26'43"W 158.72' N89°33'17"W 300.00' N00°26'43"E 159.22' LOT 1 47,215 sq. ft. 1.084 ac. 297.00' S00°26'43"W 158.72' 297.00' 3.00' 3.00' 9' UTILITY EASEMENT 3.0' ADDITIONAL RIGHT-OF-WAY DEDICATED BY THIS PLAT (476 S.F.) 8' UTILITY EASEMENT 11.43' 28.00' 24.39' N89°33'17"W 198.50' C 1 C 2 S89°33'17"E 282.00' 24' EMERGENCY ACCESS EASEMENT 0.92' 37.9' N89°39'35"W 300.00' 16.60' 37.40' EASEMENT EXCLUSION (SEE NOTE 8) EASEMENT EXCLUSION (SEE NOTE 8) N00°26'43"E 21.25' S89°33'17"E 2.08' N00°26'43"E 42.75' N89°33'17"W 84.14' S00°26'43"W 6.00' N89°33'17"W 94.28' S00°26'43"W 56.00' S89°33'17"E 68.92' S00°26'43"W 3.57' S89°33'17"E 40.17' N00°26'43"E 3.57' S89°33'17"E 20.17' S00°26'43"W 2.00' S89°33'17"E 47.08' 25.22' 41.33' S00°26'43"W 14.00' S89°33'17"E 15.33' S00°26'43"W 9.33' S89°33'17"E 26.00' N00°26'43"E 23.33' 234.97' S48°13'50"W S24°04'47"E 32.74' (TIE) 30.78' (TIE) 9' UTILITY EASEMENT 5' PEDESTRIAN ACCESS EASEMENT 104.30' NORTH LINE OF LOT 17 BASIS OF BEARINGS C 4 C 3 28' EMERGENCY ACCESS EASEMENT TRACT C REPLAT (NO. 1) OF EVERGREEN PARK UNPLATTED LOT 6, BLOCK 4 REPLAT (NO. 1) OF EVERGREEN PARK 25.19' 16.68' L1 L2 L3 L4 L5 L6 10' UTILITY EASEMENT SEE NOTE 10 FND #4 REBAR, NO CAP, BENT REPLACED WITH #4 REBAR w/ BLUE PLASTIC CAP, PLS 38470 CURVE TABLE CURVE C1 C2 C3 C4 DELTA 90°00'00" 90°00'00" 18°47'49" 18°47'49" RADIUS 15.00' 15.00' 25.00' 50.00' LENGTH 23.56' 23.56' 8.20' 16.40' BEARING N44°33'17"W N45°26'43"E S81°02'49"W S81°02'49"W CHORD 21.21' 21.21' 8.16' 16.33' LINE TABLE LINE L1 L2 L3 L4 L5 L6 LENGTH 22.10' 5.72' 12.58' 10.67' 3.79' 36.76' BEARING N36° 23' 41"W N00° 26' 43"E N89° 33' 17"W S00° 26' 43"W S89° 33' 17"E S36° 23' 41"E Sheet Of 2 Sheets GROWTH LEASING COLORADO 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 hereon. E NGINEER ING N O R T H E RN FORT COLLINS: 301 North Howes Street, Suite 100, 80521 GREELEY: 820 8th Street, 80631 970.221.4158 northernengineering.com 2 CITY OF FORT COLLINS STATE OF COLORADO Robert C. Tessely Registered Professional Land Surveyor Colorado Registration No. 38470 For and on behalf of Northern Engineering Services, Inc. PRELIMINARY NORTH LEGEND BOUNDARY LINE EXISTING RIGHT-OF-WAY EASEMENT LINE LOT LINE FOUND PROPERTY CORNER AS DESCRIBED SET 18" #4 REBAR WITH BLUE PLASTIC CAP, LS 38470 EXISTING EASEMENT LINE PROPOSED RIGHT-OF-WAY CENTERLINE SECTION LINE GROWTH LEASING COLORADO BEING A REPLAT OF LOT 17, BLOCK 3, REPLAT (NO. 1) OF EVERGREEN PARK, LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO an accurate representation thereof, all this to the best of my knowledge, information and belief. For and on Behalf of Northern Engineering Robert C. Tessely Colorado Registered Professional Land Surveyor No. 38470 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: ____________________________________ Michael C. Payne Address: Coan, Payton & Payne, LLC 103 Mountain Avenue, Suite 200 Fort Collins, CO 80524 (970) 339-3500 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 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: Peter R. Sherman BY: _________________________________ Peter R. Sherman STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by Peter R. Sherman. Witness my hand and official seal My commission expires: ________________ _______________________________ Notary Public NOTES: 1. The Basis of Bearings is the North line of Lot 17 as bearing South 89° 27' 33" East (assumed bearing), and monumented as shown on drawing. 2. All information regarding easements, rights-of-way or Title of Record, Northern Engineering relied upon File No. 5524-3105143, prepared by First American Title Insurance Company, dated March 26, 2019. 3. The lineal unit of measurement for this plat is U. S. Survey Feet. 4. 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. 5. Unless otherwise noted, all previous lot lines and easements as shown and dedicated to the City of Fort Collins at Book 1597, Page 128, at the Larimer County Clerk and Recorder which are located within the boundary lines of this plat are hereby vacated upon recordation of this plat and dedicated as shown hereon. 6. For easements created by separate document and shown hereon refer to recorded document for specific terms. 7. The property described hereon is designated as flood zone “X”, area of minimal flood hazard, per FEMA flood map 08069C977G dated June 17, 2008. 8. A blanket drainage easement is hereby dedicated across Lot 1 except for the Easement Exclusion areas as shown. Presence of overlaying easements does not signify an exclusion from the said blanket easement. 9. The existing 6 foot easements adjacent to previously dedicated rights of way per Replat of Evergreen Park to be vacated with the approval of XCEL Energy as indicated on this plat. 10. Grant of easement recorded at Reception No. 0099080923 being the North 38.00 feet of Lot 18, Block 3, Replat (NO. 1) Evergreen Park. Not plotted. See document for terms and conditions. 11. Western Area Power Administration (WAPA) requirements as it relates to 75' transmission line easement: a) The United States electric transmission line easements are restricted areas and all construction activities within said easement should be coordinated with WESTERN AREA POWER ADMINISTRATION, Lands Department, P.O. Box 3700, Loveland, Colorado 80539-3003 (970-461-7200). b) No trees or other vegetation, which will exceed 10 feet in height at full maturity, are allowed within the easement area. c) No buildings or other structures, including light poles, are allowed within the transmission line easement area. d) A minimum overhead clearance of 16 feet from the transmission line conductors must be maintained at all times. e) Induced voltages and currents may occur on the facility constructed or placed under or near high voltage transmission lines. The owner shall be responsible for the protection of personnel and equipment in their design, construction, operation and maintenance of the facility. f.) Any changes in existing topography must be coordinated and approved by Western. Excavation is not permitted within 20 feet of any transmission line structure. g.) No fences shall be installed on or across the easement area without first submitting the fence/gate plans for review and approval by Western. STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all persons by these presents, that the undersigned owner(s) of the following described land: A tract of land located in the Northwest Quarter of Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: Lot 17, Block 3, Replat (No. 1) of Evergreen Park, recorded at Book 1597, Page 128 containing 47,691 square feet or 1.095 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 GROWTH LEASING COLORADO (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 “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. DRAFT 6-18-19 PRELIMINARY - NOT FOR CONSTRUCTION, RECORDING PURPOSES OR IMPLEMENTATION GROWTH LEASING COLORADO BEING A REPLAT OF LOT 17, BLOCK 3, REPLAT (NO. 1) OF EVERGREEN PARK, LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO VICINITY MAP NORTH SITE Danny Weber, PE Northern Engineering Services, Inc. 301 North Howes Street, Suite 100 Fort Collins, Colorad 80521 (970) 221-4158 Bob Tessely, PLS Northern Engineering Services, Inc. 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 PLANNER/ LANDSCAPE ARCHITECT Jennifer Gardner, PLA ASLA Logan Simpson 213 Linden Street, Ste 300 Fort Collins, CO 80524 (970) 449-4110 x4827 SITE ENGINEER SURVEYOR DEVELOPER/APPLICANT Tom Orfanos, EVP-Corporate Development Growth Leasing LLC 3019 Duportail Street, #177 Richland, WA 99352 (505) 570-7745 OWNER: Cynthia M. Sherman BY: _________________________________ Cynthia M. Sherman STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by Cynthia M. Sherman. Witness my hand and official seal My commission expires: ________________ _______________________________ Notary Public EASEMENT VACATION APPROVAL By Pat Kreager, XCEL Energy this ______day of _____________ A.D., 20_____. ____________________________________________________ XCEL Energy