HomeMy WebLinkAboutPENNY FLATS 2ND - BDR190009 - SUBMITTAL DOCUMENTS - ROUND 1 - SUBDIVISION PLATMMMM
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W/YPC LS 22568
FND NAIL & BRASS
TAG, LS 14823
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N89°41'35"W 190.00'
N00°17'24"E 200.16'
S89°42'08"E 190.09'
CHERRY STREET
(100' PUBLIC R.O.W. PER PLAT
OF TOWN OF FORT COLLINS)
25' UTILITY, DRAINAGE
& PEDESTRIAN
ACCESS EASEMENT
PER PENNY FLATS
SUBDIVISION
10' PEDESTRIAN ACCESS,
DRAINAGE & UTILITY
EASEMENT PER PENNY
FLATS SUBDIVISION
BASIS OF BEARINGS
NORTH LINE OF LOT 2,
PENNY FLATS SUBDIVISION
PENNY FLATS SUB.
1ST REPLAT
LOT 1B
PENNY FLATS SUB.
1ST REPLAT
LOT 1A
PENNY FLATS SUB.
LOT 3
CITY OF FORT COLLINS
BLOCK 33
PENNY FLATS SUB.
TRACT A
MASON STREET
(100' PUBLIC R.O.W. PER PLAT
OF TOWN OF FORT COLLINS)
PENNY FLATS
SUBDIVISION
LOT 2
96.40' 93.60'
20.00'
FND PK NAIL
W/1" BRASS TAG
LS 37987
S00°19'04"W 200.19'
EXISTING ZONING: DD EXISTING ZONING: DD
EXISTING ZONING: DD
EXISTING ZONING: DD & LMN
EXISTING ZONING: DD
EXISTING ZONING: DD
EXISTING ZONING: DD
CITY OF FORT COLLINS
BLOCK 23
MASON STREET
CONDOMINIUMS
NORTH
2
A REPLAT OF LOT 2, PENNY FLATS SUBDIVISION, LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M., CITY OF FORT COLLINS, STATE OF COLORADO
BOUNDARY LINE
EXISTING RIGHT-OF-WAY
EASEMENT LINE
LOT LINE
FOUND PROPERTY CORNER
AS DESCRIBED
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.
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
DD = DOWNTOWN DISTRICT
LMN = LOW DENSITY MIXED USE
NEIGHBORHOOD DISTRICT
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02-19-19
PRELIMINARY - NOT FOR CONSTRUCTION,
RECORDING PURPOSES OR IMPLEMENTATION
1
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
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 North line of Lot 2, Penny Plat Subdivision, as bearing South 89°42'08" East (assumed
bearing), and as monumented on drawing.
2) For all information regarding easements, right-of-way or title of record, Northern Engineering relied upon File Number
FCC25114019.1-2 prepared by Land Title Guarantee Company, dated August 10, 2018.
3) The lineal unit of measurement for this plat is U.S. Survey Feet.
4) There shall be no private conditions or restrictions that prohibit or limit the installation of resource conserving equipment
or landscaping that are allowed by Section 12-120 - 12-122 of the City Code.
5) The word “certify” or “certification” as shown and used hereon is an expression of professional opinion regarding the facts
of the survey, and does not constitute a warranty or guaranty, expressed or implied.
6) Northern Engineering or the Professional Land Surveyor listed hereon, does not have the expertise to address mineral
rights, and recommends the owner retain an expert to address these matters. Northern Engineering or the Professional Land
Surveyor listed heron assumes no responsibility for the mineral rights upon the subject property.
7) For easements created by separate document and shown hereon refer to recorded document for specific terms.
8) A copy of the title commitment and the documents contained therein were provided to the owner, client and attorney listed
hereon for their use and review.
9) Owner, Client and others should refer to the title commitment and those documents listed therein for a true understanding
of all rights of way, easements, encumbrances, interests and title of record concerning the subject property.
10) With the previous PDP having expired, Cherry and Mason Investments, LLC has engaged the Downtown Development
Authority (“DDA”), and has had discussions with the DDA regarding the removal of the Second Amended and Restated
Façade Agreement recorded May 24, 2013. Cherry and Mason Investments, LLC anticipates that the Second Amended and
Restated Façade Agreement will be removed.
11) All previous easements as shown and dedicated on Penny Flats Subdivision, Lot 2, recorded at reception number
20070007427 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.
12) Easement reserved for railroad recorded at reception number 89053240 and depicted in the Northeast corner of Penny
Flats Subdivision, Lot 2 has been terminated by the Quitclaim and Release of Easement Deed recorded at Reception No.
20170012618.
OWNER: Cherry and Mason Investments, LLC
By: Chrisland Investments III, LLC, Manager
By: Chrisland, Inc., Manager
BY:_________________________________
Ryan J. Schaefer, President
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:
Lot 2, Penny Flats Subdivision as recorded at Reception Number 20070007427 Larimer County Clerk and Recorder,
containing 38,044 square feet or 0.873 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 Penny Flats, Second 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.
A REPLAT OF LOT 2, PENNY FLATS SUBDIVISION, LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M., CITY OF FORT COLLINS, STATE OF COLORADO
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
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.
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
N
SITE
COLLEGE AVE.
MULBERRY ST.
LINDEN ST.
CHERRY ST.
WILLOW ST.
MOUNTAIN AVE.
CANYON AVE.
MASON ST.
HOWES ST.
MAPLE ST.
JEFFERSON ST.
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, and Site and Landscape Covenants,
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.
CERTIFICATE OF DEDICATION:
The Owner does hereby dedicate and convey to the City of Fort Collins, Colorado (hereafter “City”), for public use, forever, the “Easements” as laid out and
designated on this Plat; provided, however, that acceptance by the City of this dedication of Easements does not impose upon the City a duty to maintain the
Easements so dedicated. 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.