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HomeMy WebLinkAbout3006 ROCKBOROUGH COURT - REPLAT - BDR220001 - SUBMITTAL DOCUMENTS - ROUND 1 - SUBDIVISION PLATS 89°57'00" W 117.20'26.87'S 78°12'15" E 100.40'R =5 0 .0 0 'L =3 9 .1 4 'D =4 4 °5 1 '0 0 "S 56 °56 '45 " W 125 .52 'S 52°48'17" E 43.97'N 00°03'00" W 43.39'N 89°57'00" E 117.20'S 00°03'00" E 70.00'S 00°03'00" E 73.00' N 00°03'00" W 73.00'S 89°57'00" W 82.20'N 89°57'00" E 35.00'26.61'73.00' N 00°03'00" W 126.48'35.00'82.20'LOT LINES VACATEDBY THIS PLAT6' UTILITY EASEMENT7'7'14' UTILITY EASEMENT6' UTILITY EASEMENTEINDBOROUGH DRIVE (60' RIGHT OF WAY DEDICATED BY THE PLAT OF EASTBOROUGH)ROCKBOROUGH COURT(RIGHT OF WAY DEDICATED BY THEPLAT OF EASTBOROUGH) LOT 59A6001 S.F.LOT 49A11351 S.F.LOT 60A7738 S.F.PREVIOUS LOT 59PREVIOUS LOT 60PREVIOUS LOT 497' UTILITY EASEMENTDEDICATED BY THIS PLATSITE LOCATIONE. HORSETOOTH ROADE. DRAKE ROADLAKE SHERWOOD S. TIMBERLINE ROAD UNION PACIFIC RAILROAD S. LAMAY AVENUE CENTENNIAL ROADS 89°53'42" E 5205.98'N 00°03'00" W 654.59'1082.60'WEST 1/4 CORNER OF SECTION 30, T7N, R68WFOUND 3" ALUMINUM CAP MARKED "LS 20123"SET IN A MONUMENT BOX - TIES MATCH 1990 RECORD4123.38'EAST 1/4 CORNER OF SECTION 30, T7N, R68WFOUND 3" ALUMINUM CAP MARKED "LS 17497"SET IN A MONUMENT BOX - TIES MATCH 2001 RECORDVICINITY MAPLEGENDPUBLIC SURVEY MONUMENT AS DESCRIBEDFOUND 1/2" REBAR WITHOUT A CAPSET 1/2" REBAR WITH 1" PLASTIC MARKED "PLS 38692"PLATTED LOT LINEBOUNDARY LINERIGHT OF WAY LINEEASEMENT LINENOTES- BEARINGS ARE BASED ON THE EAST LINE OF LOTS 59 AND 60 OF THEPLAT OF EASTBOROUGH TO HAVE THE PLAT BEARING OF S00°03'00"EBETWEEN THE NORTHEAST CORNER OF LOT 60, BEING A FOUND 1/2"REBAR, AND THE SOUTHEAST CORNER OF LOT 59, BEING A FOUND 1/2"REBAR.- UNITS AND DISTANCES ARE SHOWN IN US SURVEY FOOT.- BEARINGS, EASEMENTS, AND RIGHT OF WAYS ARE SHOWN PER THEPLAT OF EASTBOROUGH, RECORDED AT RECEPTION NO. 204483 OF THELARIMER COUNTY RECORDS. ADDITIONAL RIGHT-OF-WAYS ANDEASEMENTS OF RECORD WERE NOT REQUESTED TO BE ORRESEARCHED BY TRI-PEAKS LAND SURVEYING FOR THIS SURVEY.- THERE SHALL BE NO PRIVATE CONDITIONS, COVENANTS ORRESTRICTIONS THAT PROHIBIT OR LIMIT THE INSTALLATION OFRESOURCE CONSERVING EQUIPMENT OR LANDSCAPING THAT AREALLOWED BY SECTIONS 12-120 - 12-122 OF THE CITY CODE.- THE NEW LOTS CREATED BY THIS ACTION ARE SUBJECT TO THE SAMERESTRICTIONS, COVENANTS, AND REGULATIONS AS SET FORTH IN THERECORDED PLAT OF EASTBOROUGH, RECORDED AT RECEPTION NO.204483 OF THE LARIMER COUNTY RECORDS.NOTICE: According to Colorado law you must commence any legalaction based upon any defect in this survey within three years after youfirst discover such defect. In no event, may any action based upon anydefect in this survey be commenced more than ten years from the dateof the certification shown hereon.REVISION: REVISION: REVISION: REVISION: DRAWN BY:FIELD DATE: PROJECT NO.: CLIENT: DWG. DATE:SOF HEET306 E. ELIZABETH STREET FORT COLLINS COLORADO (970) 232-9482 cthew@tri-peaks.com TRI-PEAKS, LLC CLT W21-157 2-27-2002 2-4-2022 BRIAN CARNAHAN 11CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADOSITUATE IN THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AMENDED PLAT OF LOTS 49, 59, AND 60 OF THE PLAT OF EASTBOROUGHAMENDED PLAT OF LOTS 49, 59, AND 60 OF THE PLAT OF EASTBOROUGH TITLE:STATEMENT OF OWNERSHIP AND SUBDIVISION:Know all persons by these presents, that the undersigned, being owner(s) of the following described land:LOT 49, 59, AND 60 OF THE PLAT OF EASTBOROUGH(WHICH ABOVE DESCRIBED TRACT CONTAINS 0.576 ACRES, MORE OR LESS)for themselves and their successors in interest (collectively,“Owner”) have caused the above describedland to be surveyed and subdivided into lots, tracts and streets as shown on this Plat to be known as (the"Development"), subject to all easements and rights-of-way now of record or existing or indicated on thisPlat. The rights and obligations of the 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”), forpublic use, forever, a permanent right-of-way for street purposes and the “Easements” as laid out anddesignated on this Plat; provided, however, that (1) acceptance by the City of this dedication ofEasements 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 maintainstreets so dedicated until such time as the provisions of the Maintenance Guarantee have been fullysatisfied. The streets dedicated on this Plat are the fee property of the City as provided in Section31-23-107 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 consistentwith the intended purpose of the Easements; the right to install, maintain and use gates in any fences thatcross the Easements; the right to mark the location of the Easements with suitable markers; and the rightto permit other public utilities to exercise these same rights. Owner reserves the right to use theEasements for purposes that do not interfere with the full enjoyment of the rights hereby granted. TheCity is responsible for maintenance of its own improvements and for repairing any damage caused by itsactivities in the Easements, but by acceptance of this dedication, the City does not accept the duty ofmaintenance 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 anyapplicable weed, nuisance or other legal requirements.Except as expressly permitted in an approved plan of development or other written agreement with theCity, Owner will not install on the Easements, or permit the installation on the Easements, of anybuilding, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping (other thanusual and customary grasses and other ground cover). In the event such obstacles are installed in theEasements, 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 orobligation 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 theobstacles 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, permitteesand assigns.OWNER(S)________________________________________Brian D. Carnahan________________________________________Amy B. CarnahanSTATE OF COLORADO) ) SSCOUNTY OF LARIMER)THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF____________________________, 20_____ BY: Brian D. Carnahan and Amy B. Carnahan_________________________________________NOTARY PUBLICMY COMMISSION EXPIRES_________________SEALLEINHOLDER: FIRST WESTERN TRUST BANK________________________________________REPRESENTTIVE________________________________________TITLESTATE OF COLORADO) ) SSCOUNTY OF LARIMER)THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF_________________, 20_____ BY: _______________________________________________._________________________________________NOTARY PUBLICMY COMMISSION EXPIRES_________________SEALLEINHOLDER: FIRST NATIONAL BANK OF OMAHA________________________________________REPRESENTTIVE________________________________________TITLESTATE OF COLORADO) ) SSCOUNTY OF LARIMER)THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF__________________, 20_____ BY: ______________________________________________._________________________________________NOTARY PUBLICMY COMMISSION EXPIRES_________________SEALATTORNEY'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 authorized signatoriesunder the laws of the State of Colorado. This Certification is based upon the records of the Clerk andRecorder of Larimer County, Colorado as of the date of execution of the Plat and other informationdiscovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) ofthe Land Use CodeATTORNEY: _____________________________________ADDRESS:____________________________________________________________________________REGISTRATION NO.: ________________________________MAINTENANCE GUARANTEE:The Owner hereby warrants and guarantees to the City, for a period of two (2) years from the date ofcompletion and first acceptance by the City of the improvements warranted hereunder, the full andcomplete maintenance and repair of the improvements to be constructed in connection with theDevelopment which is the subject of this Plat. This warranty and guarantee is made in accordance withthe City Land Use Code and/or the Transitional Land Use Regulations, as applicable. This guaranteeapplies 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 repairrequired 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 consistentbasis with all construction standards, safety requirements and environmental protection requirements ofthe City. The Owner shall also correct and repair, or cause to be corrected and repaired, all damages tosaid improvements resulting from development-related or building-related activities. In the event theOwner fails to correct any damages within thirty (30) days after written notice thereof, then said damagesmay be corrected by the City and all costs and charges billed to and paid by the Owner. The City shallalso have any other remedies available to it as authorized by law. Any damages which occurred prior tothe end of said two (2) year period and which are unrepaired at the termination of said period shall remainthe responsibility of the Owner.REPAIR GUARANTEE:In consideration of the approval of this final Plat and other valuable consideration, the Owner does herebyagree to hold the City harmless for a five (5) year period, commencing upon the date of completion andfirst acceptance by the City of the improvements to be constructed in connection with the developmentwhich is the subject of this Plat, from any and all claims, damages, or demands arising on account of thedesign and construction of public improvements of the property shown herein; and the Owner furthermorecommits 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 constructiondefects. This agreement to hold the City harmless includes defects in materials and workmanship, as wellas 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 agreesthat the City shall not be liable to the Owner or his/her successors in interest during the warranty period, forany claim of damages resulting from negligence in exercising engineering techniques and due caution inthe construction of cross drains, drives, structures or buildings, the changing of courses of streams andrivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Anyand all monetary liability occurring under this paragraph shall be the liability of the Owner. I further warrantthat 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 Developmentwhich create certain rights and obligations of the Development, the Owner and/or subsequent Owners of allor 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 amendedfrom time to time and may include, without limitation, the Development Agreement, Site And LandscapeCovenants, Final Site Plan, Final Landscape Plan, and Architectural Elevations, which documents are onfile in the office of the clerk of the City and should be closely examined by all persons interested inpurchasing any portion of the Development site. NOTICEALL RESPONSIBILITIES AND COSTS OF OPERATION, MAINTENANCE AND RECONSTRUCTIONOF THE PRIVATE STREETS AND/OR DRIVES LOCATED ON THE PRIVATE PROPERTY THAT ISTHE SUBJECT OF THIS PLAT SHALL BE BORNE BY THE OWNERS OF SAID PROPERTY, EITHERINDIVIDUALLY, OR COLLECTIVELY, THROUGH A PROPERTY OWNERS' ASSOCIATION, IFAPPLICABLE. THE CITY OF FORT COLLINS SHALL HAVE NO OBLIGATION OF OPERATION,MAINTENANCE OR RECONSTRUCTION OF SUCH PRIVATE STREETS AND/OR DRIVES NORSHALL THE CITY HAVE ANY OBLIGATION TO ACCEPT SUCH STREETS AND/OR DRIVES ASPUBLIC STREETS OR DRIVES.SURVEYOR’S STATEMENT:I, CHRISTOPHER L. THEW, a Colorado Registered Professional Land Surveyor, do hereby state that this SubdivisionPlat was prepared from an actual survey under my personal supervision, that the monumentation as indicated hereonwere found or set as shown, and that the forgoing Plat is an accurate representation thereof, all this to the best ofmy knowledge, information and belief.CHRISTOPHER L. THEW PE-PLSCOLORADO REGISTERED PROFESSIONAL LAND SURVEYOR # 38692APPROVED AS TO FORM, CITY ENGINEER:BY THE CITY ENGINEER OF THE CITY OF FORT COLLINS, COLORADO THIS ___________ DAY OF_______________________ A.D.,_____________ .__________________________________________________________________CITY ENGINEERPLANNING APPROVAL:BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES THE CITY OFFORT COLLINS, COLORADO THIS _____ DAY OF ________________________________ A.D., _____________ .___________________________________________________________________DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICESSECTION TIE LINE