HomeMy WebLinkAboutFLATS ON MULBERRY - FDP200005 - SUBMITTAL DOCUMENTS - ROUND 4 - SUBDIVISION PLATNorth line of Lot 9, Block 105
basis of bearings
HARRISON'S ADD
East 40' of Lot 9,
Block 105
100'
100'
HARRISON'S ADD
East 40' of North 10' of Lot
10, Block 105
10'
Lot 1
9,000 sq. ft
HARRISON'S ADDITION
South 40' of Lot 10, Block
105
40'
40'S 00°06'27" W 60.00'N 89°53'33" W 150.00'N 00°06'27" E 60.00'S 89°53'33" E 150.00'
20'
50'
50'
city floodway high risk
city floodway high risk
city floodplain high risk 100 year
city floodplain high risk 100 yearcity floodplain high risk 100 year
East Mulberry Street
20' alley waySouth Howes Street100' right-of-wayper the original plat of theTown of Fort Collins100' right-of-way
per the original plat of the
Town of Fort Collins
.\19084_Floodplain_Foco.tif
SITETAFT HILL RD.PROSPECT RD.SHIELDS ST.MULBERRY ST.
LAPORTE AVE.COLLEGE AVE.R
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Description
Description
DescriptionDate
Date
Date
SHEETS
NO. OFSHEET NO.PROJECT NO.TITLEST
PM
PLS
Field Date
Scale
Party Chief
PLS Corporation
532 West 66th Street · Loveland, Colorado 80538
Phone: 970.669.2100 Email: info@plscorporation.com
CLIENT
P:\Project\2019\19084\dwg\19084f005.dwg January 13, 2021 - 3:35pm
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.
1119084.005
Section 14, Township 7 North, Range 69 West, 6th P.M., Larimer County, Colorado
Final Plat
The Flats on Mulberry
ADS
MBS
MBS
May 27, 2020
1"= 30'
JRF Bill Dellenbach
BEING A REPLAT OF A PORTION OF LOTS 9 AND 10, BLOCK 105, HARRISON'S ADDITION LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
Owner:
W.P. & Devon Dellenbach
1404 43rd Avenue
Greeley, Colorado
Applicant / Architect:
Urban Rural Design inc.
252 Linden Street
Fort Collins, Colorado
970.889.4004
urbanruralarch.com
Engineer:
Keefe Civil LLC
Golden, Colorado
keefecivil.com
Land Surveyor
PLS Corporation
532 West 66th Street
Loveland, Colorado
plscorporation.com
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.
NOTICE
SURVEYOR'S STATEMENT:
I, M. Bryan Short, 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.
______________________________________________
M. Bryan Short
Colorado Registered Professional Land Surveyor # 32444
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.:
Vicinity Map
(NTS)
STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all persons by these presents, that the undersigned owner of the following described land:
LEGAL DESCRIPTION: (per deed)
The West 36 feet of Lot 9 and the West 36 feet of the North 10 feet of Lot 10, Block 105, HARRISON'S ADDITION to
the City of Fort Collins, County of Larimer, State of Colorado,
AND
A portion of Lots 9 and 10, Block 105, HARRISON'S ADDITION to the City of Fort Collins, described as follows:
BEGINNING at a point 72.5 feet East of the Northwest corner of Lot 9, in said Block 105, thence East 77.5 feet; thence
South 60 feet; thence West 77.5 feet; thence North 60 feet, to the Point of Beginning,
County of Larimer, State of Colorado,
AND
A portion of Lots 9 and 10, Block 105, HARRISON'S ADDITION to the City of Fort Collins, County of Larimer, State of
Colorado, described as follows:
BEGINNING at a point 36 feet East of the Northwest corner of said Lot 9; thence South 60 feet; thence East 36.5 feet;
thence North 60 feet; thence West 36.5 feet to the Point of Beginning.
(which above described tract contains 9,000 sq. ft. [0.206 acres], more or less.
for themselves and their successors in interest W.P. & Devon Dellenbach 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 THE FLATS ON
MULBERRY, 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.
Owner: W.P. & Devon Dellenbach
By:
W.P. Dellenbach Devon Dellenbach
The foregoing instrument was acknowledged before me this day of
, 20 by W.P. & Devon Dellenbach.
State of Colorado )
)SS
County of Larimer )
WITNESS my hand and official seal.
Notary Public
My commission expires:
Lienholder:
Firstbank, FSB.
The signature(s) shall be notarized as follows:
State of )
) SS
County of )
The foregoing dedication was acknowledged before me this day of
20 , by W.P. Dellenbach, Trustee, and Devon Dellenbach, Trustee, as owners of Lot 9 and 10, Block 105,
HARRISON'S ADDITION to the City of Fort Collins, County of Larimer, State of Colorado.
SEAL
Notary Public
My commission expires
found 0.5" iron rod with 1.0" plastic cap marked PLS 32444
set 0.5" iron rod with 1.0" plastic cap marked PLS 32444
set 1.0" brass tag marked PLS 32444
Legend
Final Plat of
THE FLATS ON MULBERRY
NOTES:
1.Bearings are based on the North line of Lot 9, Block 105 to have an assumed bearing of S 89°53'33" E, monumented as shown hereon.
2.Units are shown in U.S. Survey Feet
3.Total area equal 9,000 square feet, (0.206 acres) more or less
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. FEMA Flood Zone: X per FEMA Panel No. 08-069C-0979H
6. Title Report No. F0698175-383-TOH provided by Fidelity National Title Insurance Company. Title and easement research completed.Scale 1 inch = 20 feet040201020APPROVED 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 the City of Fort
Collins, Colorado this day of A.D., .
Director of Community Development and Neighborhood Services