HomeMy WebLinkAboutSWEETWATER BREWING - BEER GARDEN - MJA210004 - SUBMITTAL DOCUMENTS - ROUND 2 - SUBDIVISION PLATSITE
N LEMAY AVEE LINCOLN AVE
BUCKINGHAM ST
Sheet
Of 2 SheetsSWEETWATER BREWERYNOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.ENGINEERNGIEHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.com DRAFT
10-20-21
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1 CITY OF FORT COLLINS STATE OF COLORADOSURVEYOR NOTES:
1) The Basis of Bearings is the East line of the Northeast Quarter of Section 12-T7N-R69W as bearing South 00° 33' 48" West
(assumed bearing) and monumented as shown on drawing.
2) For all information regarding easements, right-of-way or title of record, Northern Engineering relied upon Title Commitment File
No. NCS-1062955-CO, dated April 19, 2021, prepared by First American Title Insurance Company.
3) The lineal unit of measurement for this plat is U.S. Survey Feet.
4) 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.
5) 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.
6) Not all documents listed in the title commitment are plottable or definable by their terms. All easements that are definable by their
descriptions are shown hereon with sufficient data to establish their position. 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.
7) For easements created by separate document and shown hereon refer to record document for specific terms.
8) Easements and other record documents shown or noted hereon were examined as to location and purpose and were not examined
as to restrictions, exclusions, conditions, obligations, terms, or as to the right to grant the same.
9) Adjacent property owner information per the Larimer County Land information Locator.
10) Per CRS 38-51-105 (3)(a), (3)(b), (4)(b), (4)(c), & 5, the Developer/Owner of the subdivision plat has the requirement of
providing monumentation of the interior corners created by this platting procedure within one year of the effective date of a sales
contract. The Surveyor of record of said subdivision plat has only the required responsibility of providing for the on the ground
monumentation of the external boundary of the subdivision plat.
11) This survey is a draft only. Monuments have not been set or upgraded. Monuments will be set and or upgraded prior to plat
finalizing and recording.
SWEETWATER BREWERY
LOTS 1 AND 2, FORT COLLINS BREWERY, LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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.
For and on Behalf of Northern Engineering
Robert C. Tessely
Colorado Registered Professional
Land Surveyor No. 38470
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.
OWNER:
BY: ______________________________________
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:
Lots 1 and 2, Fort Collins Brewery, located in the Northeast Quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado
Said described tract contains 113,944 square feet or 2.616 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 SWEETWATER BREWERY (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.
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., 20_____.
____________________________________________________
City Engineer
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
NOTES AT THE REQUEST OF THE CITY OF FORT COLLINS:
1) 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.
2) FLOOD ZONE DESIGNATION: According to FIRM Panel __________________ for Larimer County, effective date
___________________, this tract lies within a FEMA designated Area of Minimal Flood Hazard (Zone X).
3) Subject property zoning: D - Downtown District
VICINITY MAP
NORTH
LIENHOLDER:
BY: ______________________________________
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
FND #4 REBAR
W/RPC, ILLEGIBLE
FND #5 REBAR
W/OPC, PLS 37968
EDMONDS
FND #5 REBAR
W/OPC, PLS 37968
EDMONDS
S00°33'48"W2643.45'EAST QUARTER CORNER
SECTION 12-T7N-R69W
FND 2.5" ALUMINUM CAP
ON #6 REBAR
IN MONUMENT BOX
15' UTILITY &
DRAINAGE EASEMENT
30' ACCESS, EMERGENCY ACCESS,
UTILITY & DRAINAGE EASEMENT
PER FORT COLLINS BREWERY
10' UTILITY EASEMENT
PER REPLAT OF NORTH LEMAY
SUBDIVISION SECOND FILING
UTILITY & DRAINAGE EASEMENT
PER FORT COLLINS BREWERY
UTILITY &
DRAINAGE
EASEMENT
DRAINAGE & UTILITY
EASEMENT PER FORT
COLLINS BREWERY
15' UTILITY EASEMENT PER
REPLAT OF NORTH LEMAY
SUBDIVISION SECOND FILING
20' LANDSCAPE ZONE
PER REPLAT OF NORTH LEMAY
SUBDIVISION SECOND FILING
DRAINAGE EASEMENT PER
FORT COLLINS BREWERY
60' EASEMENT FOR PLATTE
RIVER POWER AUTHORITY
PER BK 2213, PG 148
BK 2222, PG 2087
BK 2243, PG 205
UTILITY & DRAINAGE EASEMENT
PER FORT COLLINS BREWERY
Delta= 5°36'44"
R=1247.50' L=122.20'
Dir= S06°55'20"E
Chord= 122.15'S00°33'41"W 133.58'Delta= 64°30'39"
R=15.00' L=16.89'
Dir= S32°26'09"W
Chord= 16.01'
N89°28'26"W 422.28'N01°19'29"E 268.21'S89°29'17"E 411.25'
UTILITY & DRAINAGE EASEMENT
PER FORT COLLINS BREWERY
VACATED PER REC. NO.
_______________________
UTILITY
EASEMENT
LOT 1
28,661 sq. ft.
0.658 ac.
LOT 2
85,282 sq. ft.
1.958 ac.
104.43'S00°17'00"W268.22'109.30'
306.82'
312.98'
LOT 4
REPLAT OF NORTH LEMAY SUB. 2ND
ZONING: D
DOWNTOWN DISTRICT
LOT 1
NORTH LEMAY 1ST
SUBDIVISION
ZONING: D
DOWNTOWN DISTRICT
LOT 1
WOODWARD TECHNOLOGY CENTER
ZONING: D
DOWNTOWN DISTRICT
LOT 1
BANK OF COLORADO
SUBDIVISION
ZONING: MMN
MEDIUM DENSITY
MIXED USE
NEIGHBORHOOD
DISTRICT
BACK PORCH CAFE
OWNER:
ELLSWORTH, DANIEL L.
& SHIRLEY E.
(REC. NO. 94091198)
UNPLATTED NORTH LEMAY AVENUE(PUBLIC ROW VARIES)(PER FORT COLLINS BREWERY& BANK OF COLORADO SUBDIVISION)EAST LINCOLN AVENUE
(PUBLIC ROW VARIES)
(PER BOOK 589, PAGE 575 PER ROAD VIEWERS
REPORT BOOK, WOODWARD TECHNOLOGY
CENTER AND FORT COLLINS BREWERY )
10' UTILITY EASEMENT
PER REPLAT OF NORTH LEMAY
SUBDIVISION SECOND FILING
24' ACCESS & EMERGENCYACCESS EASEMENT30' DRAINAGE
EASEMENT
25' DRAINAGE
EASEMENT10' UTILITYEASEMENT30' UTILITY &
DRAINAGE
EASEMENT
30' ACCESS, EMERGENCY ACCESS,
UTILITY & DRAINAGE EASEMENT
17' UTILITY
EASEMENT
ACCESS, EMERGENCY ACCESS,
& UTILITY EASEMENT
30' UTILITY &
DRAINAGE
EASEMENT
15' UTILITY &
DRAINAGE
EASEMENT
EAST 1/16 CORNER
SECTION 12-T7N-R69W
Sheet
Of 2 SheetsSWEETWATER BREWERYNOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.ENGINEERNGIEHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.com2 CITY OF FORT COLLINS STATE OF COLORADO SWEETWATER BREWERY
LOTS 1 AND 2, FORT COLLINS BREWERY, LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
LEGEND
BOUNDARY LINE
EXISTING RIGHT-OF-WAY
EASEMENT LINE
LOT LINE
FOUND PROPERTY CORNER
AS DESCRIBED
MEASURED BEARING/DISTANCE(M)
RECORDED BEARING/DISTANCE(R)
FOUND SECTION CORNER
AS DESCRIBED
SECTION LINE
NORTH
Robert C. Tessely
Registered Professional Land Surveyor
Colorado Registration No. 38470
For and on behalf of Northern Engineering Services, Inc.
PRELIMINARY
EXISTING EASEMENT LINE