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HomeMy WebLinkAboutSWEETWATER BREWING - BEER GARDEN - FDP220003 - DOCUMENT MARKUPS - 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 1-26-22 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N 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) Unless shown otherwise, all previous lot lines and easements as shown and dedicated on Fort Collins Brewery, recorded at Reception Number 20090057325 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) This survey is a draft only. Monuments have not been set or upgraded. Monuments will be set and/or upgraded prior to finalizing and/or recording. “Set” corner information depicted hereon is for reference purposes only. This note will be removed prior to the surveyor signing the survey. SWEETWATER BREWERY BEING A REPLAT OF 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 113,943 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: Notes as requested by the City of Fort Collins and listed hereon are being required as a condition of approval by the City of Fort Collins. The notes, as they appear hereon, were provided to Northern Engineering by 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 08069C0983H for Larimer County, effective date 05/02/2012, this tract lies within a FEMA designated Area of Minimal Flood Hazard (Zone X). 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 Michael McBride MMLA Landscape + Planning 2339 Spruce Creek Drive Fort Collins, Colorado 80528 (970) 402-0438 Mike@McBrideLA.com Sweetwater Brewing Freddy Bensch 195 Ottley Dr Atlanta, GA 9083 (404) 754-9083 freddy.bensch@sweetwaterbrew.com Northern Engineering Services, Inc. Stephanie Thomas, PE 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 568-5415 PLANNER/ LANDSCAPE ARCHITECT OWNER/APPLICANT SITE ENGINEER Northern Engineering Services, Inc. Bob Tessely, PLS 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 SITE SURVEYOR S:\Survey Jobs\100-033\Dwg\Plat\100-033 PLAT.dwg, 1/25/2022 3:12:53 PM, 1:1 S00°33'34"W 176.83'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"W 2643.45'EAST QUARTER CORNER SECTION 12-T7N-R69W FND 2.5" ALUMINUM CAP ON #6 REBAR IN MONUMENT BOX LS 17497, 2001 15' UTILITY & DRAINAGE EASEMENT 30' ACCESS, EMERGENCY ACCESS, UTILITY & DRAINAGE EASEMENT 10' UTILITY EASEMENT PER REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING 17' UTILITY & DRAINAGE EASEMENT UTILITY & DRAINAGE EASEMENT DRAINAGE & UTILITY EASEMENT 15' UTILITY EASEMENT PER REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING 20' LANDSCAPE ZONE PER REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING DRAINAGE EASEMENT 60' EASEMENT FOR PLATTE RIVER POWER AUTHORITY PER BK 2213, PG 148 BK 2222, PG 2087 BK 2243, PG 205 UTILITY & DRAINAGE EASEMENT Delta= (M) 5°36'44" (R) 5°37'31" R=(M) 1247.50' (R) 1247.50' L=(M) 122.20' (R) 122.48' Dir= (M) S06°55'20"E (R) N07°11'07"W Chord= (M) 122.15' (R) 122.43'(M) S00°33'41"W 133.58'(R) N00°16'34"E 133.58'Delta= (M) 64°30'39" (R) 64°06'38" R=(M/R) 15.00' (M) L=16.89' (R) 16.78' Dir= (M) S32°26'09"W (R) N32°19'53"E Chord= (M) 16.01' (R) 15.92 (M) N89°28'26"W 422.28' (R) N89°28'26"W 422.297'(R) S01°01'31"W 268.50'(M) N01°19'29"E 268.21'(R) N89°46'17"W 411.33' (M) S89°29'17"E 411.25' 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 LOT 1 NORTH LEMAY 1ST SUBDIVISION LOT 1 WOODWARD TECHNOLOGY CENTER LOT 1 BANK OF COLORADO SUBDIVISION 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 BASIS OF BEARINGSEAST LINE OF THE NE 14SECTION 12-T7N-R69W60' EASEMENT FOR PLATTE RIVER POWER AUTHORITY PER BK 2213, PG 148 BK 2222, PG 2087 BK 2243, PG 205 S89°26'12"E 65.92' (TIE)2323.61'319.84'S00°30'53"W51.69' (TIE)S89°29'07"E 2169.38'S89°29'07"E 480.69' 94.10'15.20'13.03'299.95'29.72'149.84'78.65'10.00'S89°42'47"E 42.58'C1 S00°30'56"W 2.85' N89°28'26"W 26.04' S89°43'00"E 341.72'S00°17'11"W 160.16'N89°26'19"W 15.00' N89°28'26"W 293.50' N00°17'00"E 14.17' C 2N89°42'47"W 21.70'C3N00°17'11"E 106.14'C424.0'S00°17'14"W30.00'N89°43'00"W 153.65' S89°43'00"E 160.56'S00°17'00"W90.70'S89°43'00"E 18.24' S00°17'00"W 21.87' 17.0' N89°43'00"W 4.46'S00°17'00"W32.59'N89°43'00"W 60.50' N00°17'00"E 19.75' N89°43'00"W 47.50'S00°17'00"W47.52'S00°30'34"W 15.62' S89°29'17"E 397.18'N00°17'00"E150.46'N00°17'00"E 125.93'S89°43'00"E 346.34' N00°09'45"E 15.00' UTILITY & DRAINAGE EASEMENT PER FORT COLLINS BREWERY VACATED PER REC. NO. 20210099960!90.70'35.23'71.04'10.00'25.00'30.00'17.61' N89°43'00"W 30.00' N89°43'00"W 25.00'77.84'S00°33'41"W 76.44'C6C7C5N00°17'13"E 17.00' 15' UTILITY & DRAINAGE EASEMENT NORTHEAST CORNER SECTION 12-T7N-R69W FND 31 4" ALUMINUM CAP ON #6 REBAR IN MONUMENT BOX LS 17497 CENTER 1/4 CORNER SECTION 12-7-69 FND 2-1/2" ALUMINUM CAP ON #6 REBAR IN MONUMENT BOX LS 31169 CURVE TABLE CURVE C1 C2 C3 C4 C5 C6 C7 DELTA 94°55'17" 89°42'36" 90°00'25" 89°13'16" 89°56'16" 1°14'40" 1°23'11" RADIUS 25.00' 25.05' 25.00' 25.00' 50.00' 1247.50' 1247.50' LENGTH 41.42' 39.22' 39.27' 38.93' 78.49' 27.10' 30.18' BEARING S42°15'00"E N44°48'34"W N44°42'42"W N45°23'09"E S45°31'00"W S04°44'18"E S06°03'13"E CHORD 36.84' 35.34' 35.35' 35.12' 70.67' 27.10' 30.18' 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 BEING A REPLAT OF 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 Colorado Registered Professional Land Surveyor No. 38470 For and on behalf of Northern Engineering Services, Inc. PRELIMINARY EXISTING EASEMENT LINE SET 18" #4 REBAR WITH 1" DIAMETER BLUE PLASTIC CAP, PLS 38470 RIGHT-OF-WAYROW RED PLASTIC CAPRPC ORANGE PLASTIC CAPOPC S:\Survey Jobs\100-033\Dwg\Plat\100-033 PLAT.dwg, 1/25/2022 3:12:55 PM, 1:1