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HomeMy WebLinkAboutBALFOUR SENIOR LIVING - PDP220001 - SUBMITTAL DOCUMENTS - ROUND 1 - SUBDIVISION PLATFINAL PLAT THE OVERLANDER BY BALFOURCLERK AND RECORDERS CERTIFICATE:THE STATE OF COLORADO ) ) S.S.THE COUNTY OF LARIMER )I HEREBY CERTIFY THAT THIS AMENDED PLAT WAS FILED IN MY OFFICE ON THIS ____ DAY OF_____________,202__, __ M. A.D. AND WAS RECORDED AT RECEPTION NUMBER ________________________ ._______________________________COUNTY CLERK AND RECORDERVICINITY MAPSCALE: 1" = 1000'OWNER:THE UNDERSIGNED ARE ALL THE OWNERS OF CERTAIN LANDS IN THE CITY OFFORT COLLINS, COUNTY OF LARIMER AND STATE OF COLORADO DESCRIBEDHEREIN.B N HARMONY LLCBY:___________________________(OWNER)ATTEST:___________________________ SIGNED THIS _____ DAY OF _______________, 20___NOTARY BLOCKSTATE OF )) SSCOUNTY OF )THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20,BY .SEALNOTARY PUBLICMY COMMISSION EXPIRESCERTIFICATE OF DEDICATION:THE UNDERSIGNED DOES HEREBY DEDICATE AND CONVEY TO THE CITY OF FORT COLLINS, COLORADO, FOR PUBLIC USE,FOREVER, THE STREETS AND 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 THEEASEMENTS SO DEDICATED, AND (2) ACCEPTANCE BY THE CITY OF THIS DEDICATION OF STREETS DOES NOT IMPOSE UPON THECITY A DUTY TO MAINTAIN STREETS SO DEDICATED UNTIL SUCH TIME AS THE PROVISIONS OF THE MAINTENANCE GUARANTEEHAVE BEEN FULLY SATISFIED.SURVEYOR’S STATEMENT:I,THOMAS E. HAGENSEE, A COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THATTHIS SUBDIVISION PLAT WAS PREPARED FROM AN ACTUAL SURVEY UNDER MY PERSONAL SUPERVISION, THATTHE MONUMENTATION AS INDICATED HEREON WERE FOUND OR SET AS SHOWN, AND THAT THE FORGOINGPLAT IS AN ACCURATE REPRESENTATION THEREOF, ALL THIS TO THE BEST OF MY KNOWLEDGE, INFORMATIONAND BELIEF.THOMAS E. HAGENSEE COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR 38596FOR AND ON BEHALF OFBOWMAN1526 COLE BLVD, SUITE 100LAKEWOOD, COLORADO 80401NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECTIN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATEOF THE CERTIFICATION SHOWN HEREON.ENGINEER / SURVEYORBOWMAN1526 Cole Blvd., Suite 100Lakewood, CO 80401Phone: (303) 801-2900www.bowman.comOWNERB N HARMONY LLC1550 PARKSIDE CIRCLE SOUTHBOCA RATON, FL 33486SHEET 1SHEET 2COVER SHEETPROPOSED LAYOUT AND EXISTING EASEMENTSGENERAL NOTES:1.BASIS OF BEARING: BEARINGS ARE BASED THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WESTOF THE 6TH P.M. BEARING NORTH 90°00'00" EAST, AS MONUMENTED AT THE NORTH 1/4 CORNER BY A 3.25" ALUMINUM CAP, PARTIALLYILLEGIBLE, AND MONUMENTED AT THE NORTHEAST CORNER BY A 3.25" ALUMINUM CAP, PARTIALLY ILLEGIBLE.2.FLOODPLAIN STATEMENT:ACCORDING TO FEMA FLOOD INSURANCE RATE MAP PANEL 08069C0994F, EFFECTIVE DECEMBER 19, 2006, THE SURVEYED LAND IS WITHIN"ZONE X", AN AREA OF MINIMAL FLOOD HAZARD.3.FIDELITY NATIONAL TITLE, COMMITMENT NO. 100-N0032743-010-TO2, DATED MAY 19, 2021 WAS RELIED UPON FOR RECORD INFORMATIONREGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES. THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH TO DETERMINEOWNERSHIP, RIGHTS-OF-WAY, EASEMENTS OR OTHER MATTERS OF PUBLIC RECORD.4.ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND MONUMENT ORACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUE 18-4-508, C.R.S.5.ALL LINEAR UNITS SHOWN ARE U.S. SURVEY FEET.A PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO5.00 ACRESCOVER SHEETSHEET 1 OF 2STATEMENT OF OWNERSHIP AND SUBDIVISION:KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING OWNERS OF THE FOLLOWING DESCRIBED LAND:A TRACT OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.,LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE NORTH LINE OF SAID NORTHEAST 1/4 AS BEARING DUE WEST WITH ALLBEARINGS CONTAINED HEREIN, RELATIVE THERETO, ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE SOUTH LINE OF COLORADO HIGHWAY NO. 68 WHICH BEARS EAST 957.10 FEET, AND AGAIN SOUTH02 DEGREES 03 MINUTES 30 SECONDS EAST 30.02 FEET FROM THE NORTH ¼ CORNER OF SAID SECTION 4, AND RUN THENCEEAST 492.28 FEET ALONG SAID SOUTH LINE;THENCE ALONG THE WEST LINE OF FOSSIL CREEK INLET DITCH, SOUTH 25 DEGREES 39 MINUTES EAST 252.55 FEET, AND AGAINSOUTH 00 DEGREES 52 MINUTES EAST 159.23 FEET;THENCE WEST 590.11 FEET;THENCE NORTH 02 DEGREES 03 MINUTES 30 SECONDS WEST 387.12 FEET TO THE POINT OF BEGINNING,COUNTY OF LARIMER, STATE OF COLORADO.(WHICH ABOVE DESCRIBED TRACT CONTAINS 5.00 ACRES, MORE OR LESS) HAVE CAUSED THE ABOVE DESCRIBED LAND TO BESURVEYED AND SUBDIVIDED INTO LOTS, TRACTS AND STREETS AS SHOWN ON THIS PLAT TO BE KNOWN AS, SUBJECT TO ALLEASEMENTS AND RIGHTS-OF-WAY NOW OF RECORD OR EXISTING OR INDICATED ON THIS PLAT.FINAL PLAT THE OVERLANDER BY BALFOURPROJECT NO. Phone: (303) 801-2900 www.bowmanconsulting.com 1526 Cole Blvd, Suite 100 Lakewood, CO 80401 REVISIONS © 2021 Bowman Consulting Group, Ltd. P R E L I M I N A R Y FINAL PLAT THE OVERLANDER BY BALFOUR A PART OF NE QUARTER OF SECTION 4, T6S, R68W 6TH P.M.1 OF 2LARIMER COUNTY, COLORADO COLORADOXXXDJMTH020452-01-00101/24/2022------------------MAINTENANCE GUARANTEE:THE UNDERSIGNED HEREBY WARRANTS AND GUARANTEES TO THE CITY OF FORT COLLINS, FOR A PERIOD OF TWO (2) YEARSFROM THE DATE OF COMPLETION AND FIRST ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS WARRANTED HEREUNDER, THEFULL AND COMPLETE MAINTENANCE AND REPAIR OF THE IMPROVEMENTS CONSTRUCTED UNDER THE AUTHORITY OF THIS PLAT.THIS WARRANTY AND GUARANTEE IS MADE IN ACCORDANCE WITH THE CITY OF FORT COLLINS LAND USE CODE AND/OR THETRANSITIONAL LAND USE REGULATIONS, AS APPLICABLE. THIS GUARANTEE APPLIES TO THE STREETS AND ALL OTHERAPPURTENANT 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 COORDINATEDWITH THE OWNING UTILITY COMPANY OR DEPARTMENT.THE UNDERSIGNED SHALL MAINTAIN SAID IMPROVEMENTS IN A MANNER THAT WILL ASSURE COMPLIANCE ON A CONSISTENTBASIS WITH ALL CONSTRUCTION STANDARDS, SAFETY REQUIREMENTS AND ENVIRONMENTAL PROTECTION REQUIREMENTS OFTHE CITY. THE UNDERSIGNED SHALL ALSO CORRECT AND REPAIR, OR CAUSE TO BE CORRECTED AND REPAIRED, ALL DAMAGESTO SAID IMPROVEMENTS RESULTING FROM DEVELOPMENT-RELATED OR BUILDING-RELATED ACTIVITIES. IN THE EVENT THEUNDERSIGNED FAILS TO CORRECT ANY DAMAGES WITHIN THIRTY (30) DAYS AFTER WRITTEN NOTICE THEREOF, THEN SAIDDAMAGES MAY BE CORRECTED BY THE CITY AND ALL COSTS AND CHARGES BILLED TO AND PAID BY THE UNDERSIGNED. THECITY SHALL ALSO HAVE ANY OTHER REMEDIES AVAILABLE TO IT AS AUTHORIZED BY LAW. ANY DAMAGES WHICH OCCURREDPRIOR TO THE END OF SAID TWO (2) YEAR PERIOD AND WHICH ARE UNREPAIRED AT THE TERMINATION OF SAID PERIOD SHALLREMAIN THE RESPONSIBILITY OF THE UNDERSIGNED.E. HARMONY RD.REPAIR GUARANTEE:IN CONSIDERATION OF THE APPROVAL OF THIS FINAL PLAT AND OTHER VALUABLE CONSIDERATION, THE UNDERSIGNED DOESHEREBY AGREE TO HOLD THE CITY OF FORT COLLINS, COLORADO, HARMLESS FOR A FIVE (5) YEAR PERIOD, COMMENCING UPONTHE DATE OF COMPLETION AND FIRST ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS CONSTRUCTED UNDER THEAUTHORITY OF THIS PLAT, FROM ANY AND ALL CLAIMS, DAMAGES, OR DEMANDS ARISING ON ACCOUNT OF THE DESIGN ANDCONSTRUCTION OF PUBLIC IMPROVEMENTS OF THE PROPERTY SHOWN HEREIN; AND THE OWNER FURTHERMORE COMMITS TOMAKE 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, EASEMENTSAND OTHER PUBLIC PROPERTIES, RESULTING FROM FAILURES CAUSED BY DESIGN AND/OR CONSTRUCTION DEFECTS. THISAGREEMENT TO HOLD THE CITY HARMLESS INCLUDES DEFECTS IN MATERIALS AND WORKMANSHIP, AS WELL AS DEFECTSCAUSED BY OR CONSISTING OF SETTLING TRENCHES, FILLS OR EXCAVATIONS.FURTHER, THE UNDERSIGNED WARRANTS THAT HE/SHE OWNS FEE SIMPLE TITLE TO THE PROPERTY SHOWN HEREON ANDAGREES THAT THE CITY OF FORT COLLINS SHALL NOT BE LIABLE TO THE UNDERSIGNED OR HIS/HER SUCCESSORS IN INTERESTDURING THE WARRANTY PERIOD, FOR ANY CLAIM OF DAMAGES RESULTING FROM NEGLIGENCE IN EXERCISING ENGINEERINGTECHNIQUES AND DUE CAUTION IN THE CONSTRUCTION OF CROSS DRAINS, DRIVES, STRUCTURES OR BUILDINGS, THECHANGING OF COURSES OF STREAMS AND RIVERS, FLOODING FROM NATURAL CREEKS AND RIVERS, AND ANY OTHER MATTERWHATSOEVER ON PRIVATE PROPERTY. ANY AND ALL MONETARY LIABILITY OCCURRING UNDER THIS PARAGRAPH SHALL BE THELIABILITY OF THE OWNER. I FURTHER WARRANT THAT I HAVE THE RIGHT TO CONVEY SAID LAND ACCORDING TO THIS PLAT.THE OBLIGATIONS OF THE UNDERSIGNED PURSUANT TO THE “MAINTENANCE GUARANTEE” AND “REPAIRGUARANTEE” PROVISIONS SET FORTH ABOVE MAY NOT BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITYUNLESS THE WARRANTED IMPROVEMENTS ARE COMPLETED BY, AND A LETTER OF ACCEPTANCE OF THE WARRANTEDIMPROVEMENTS IS RECEIVED FROM THE CITY BY, SUCH OTHER PERSON OR ENTITY.APPROVED AS TO FORM, CITY ENGINEER:BY THE CITY ENGINEER OF THE CITY OF FORT COLLINS, COLORADO THISDAY OFA.D.,CITY ENGINEERPLANNING APPROVAL:BY THE DIRECTOR OF PLANNING THE CITY OF FORT COLLINS, COLORADO THISDAY OFA.D.,DIRECTOR OF PLANNINGNOTICE OF OTHER DOCUMENTS:ALL PERSONS TAKE NOTICE THAT THE DEVELOPER AND/OR OWNER HAS EXECUTED CERTAIN DOCUMENTS PERTAINING TO THISDEVELOPMENT WHICH CREATE CERTAIN RIGHTS AND OBLIGATIONS OF THE DEVELOPMENT, THE DEVELOPER AND/ORSUBSEQUENT OWNERS OF ALL OR PORTIONS OF THE DEVELOPMENT SITE, MANY OF WHICH OBLIGATIONS CONSTITUTEPROMISES AND COVENANTS WHICH RUN WITH THE LAND. THE SAID DOCUMENTS MAY ALSO BE AMENDED FROM TIME TO TIMEND 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 OFTHE CITY OF FORT COLLINS AND SHOULD BE CLOSELY EXAMINED BY ALL PERSONS INTERESTED IN PURCHASING ANY PORTIONOF THE DEVELOPMENT SITE.NOTICE:ALL RESPONSIBILITIES AND COSTS OF OPERATION, MAINTENANCE AND RECONSTRUCTION OF THE PRIVATESTREETS AND/OR DRIVES LOCATED ON THE PRIVATE PROPERTY THAT IS THE SUBJECT OF THIS PLAT SHALL BEBORNE BY THE OWNERS OF SAID PROPERTY, EITHER INDIVIDUALLY, OR COLLECTIVELY, THROUGH A PROPERTYOWNERS' 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 HAVEANY OBLIGATION TO ACCEPT SUCH STREETS AND/OR DRIVES AS PUBLIC STREETS OR DRIVES.ATTORNEY'S CERTIFICATION:I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN DULY EXECUTED AS REQUIRED PURSUANT TO SECTION2.2.3(C)(3)(A) THROUGH (E) INCLUSIVE OF THE LAND USE CODE OF THE CITY OF FORT COLLINS AND THAT ALL PERSONSSIGNING THIS SUBDIVISION PLAT ON BEHALF OF A CORPORATION OR OTHER ENTITY ARE DULY AUTHORIZEDSIGNATORIES UNDER THE LAWS OF THE STATE OF COLORADO. THIS CERTIFICATION IS BASED UPON THE RECORDS OFTHE CLERK AND RECORDER OF LARIMER COUNTY, COLORADO AS OF THE DATE OF EXECUTION OF THE PLAT ANDOTHER INFORMATION DISCOVERED BY ME THROUGH REASONABLE INQUIRY AND IS LIMITED AS AUTHORIZED BYSECTION 2.2.3(C)(3)(F) OF THE LAND USE CODE. ATTORNEY: ADDRESS: REGISTRATION NO.: SUBJECTPROPERTY 30' RIGHT-OF-WAYFOR ROAD PURPOSES(BOOK 1620, PAGE 232)20' UTILITY EASEMENT(REC. NO. 20080061069)N90°00'00"E (R)S89°46'03"E (M)957.10' (M&R)S02°03'30"E (R)S01°49'33"E (M)30.02' (M&R)E. HARMONY ROAD(ROW VARIES)PUBLIC ROADFOSSIL CREEKRESERVOIR INLET DITCHOWNER: IMAGOENTERPRISES INCPIN: 8604000017SUBJECT PROPERTY217,802 S.F.5.00 AC.KATHRYN JOY ANDERSON AND BILL RAYWINCHESTER II AND SHERI W. LUCAS ANDB N HARMONY LLC, A FLORIDA CORPORATIONFOSS I L C R E E K RESE R V O I R I N L E T D I T C H EDGE OF WATER EDGE OF WATERN90°00'00"E 492.28' (R)S89°46'03"E 492.28' (M)S25°39'00"E 252.55' (R)S25°25'03"E 252.55' (M)S00°52'00"E 159.23' (R) S00°38'03"E 159.23' (M)S90°00'00"W 590.11' (R)N89°46'03"W 590.11' (M)N02°03'30"W 387.12' (R)N01°49'33"W 387.12' (M)N90°00'00"E (R)S89°46'03"E 2631.37' (M)CINQUEFOIL LANE(68' RIGHT-OF-WAY)(REC. NO. 20120069966)PUBLIC ROAD 12.11'FOUND IRON RODNO.4 REBAR NO CAP "BENT"38'30'68'20' WATER LINE EASEMENTTO BE RECORDED BY SEPARATE INSTRUMENT20' WATER LINE EASEMENTTO BE RECORDED BY SEPARATE INSTRUMENT20' WATER LINE EASEMENT TO BE RECORDED BY SEPARATE INSTRUMENT VARIABLE WIDTHUTILITY EASEMENT(HEREIN DEDICATED)9'7.8'9'FINAL PLAT THE OVERLANDER BY BALFOURPROJECT NO. Phone: (303) 801-2900 www.bowmanconsulting.com 1526 Cole Blvd, Suite 100 Lakewood, CO 80401 REVISIONS © 2021 Bowman Consulting Group, Ltd. P R E L I M I N A R Y N 1/4 COR SEC. 4FOUND 3-1/4" ALUM. CAPIN RANGE BOX"LS 14823"NE COR SEC. 4FOUND 3-1/4" ALUM. CAPIN RANGE BOX"ILLEGIBLE"BASIS OF BEARINGSFINAL PLAT THE OVERLANDER BY BALFOURA PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO5.00 ACRESEXISTING EASEMENTS AND PROPOSED LOT LAYOUTSHEET 2 OF 2FINAL PLAT THE OVERLANDER BY BALFOUR A PART OF NE QUARTER OF SECTION 4, T6S, R68W 6TH P.M.2 OF 2LARIMER COUNTY, COLORADO COLORADOXXXDJMTH020452-01-00101/24/2022------------------