HomeMy WebLinkAbout207 W MAGNOLIA ST - MINOR SUBDIVISION - BDR210014 - SUBMITTAL DOCUMENTS - ROUND 4 - SUBDIVISION PLAT SOUTH HOWES STREET S. MASON ST. SOUTH COLLEGE AVENUECANY
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SOUTH LOOMIS AVENUE SOUTH MELDRUM STREETWEST LAUREL STREET
W. MULBERRY ST.
W. MAGNOLIA ST. SOUTH SHERWOOD STREETSheet
Of 2 SheetsMAGNOLIA SUBDIVISIONNOTICE: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.com1 CITY OF FORT COLLINS STATE OF COLORADOSURVEYOR NOTES:
1) The Basis of Bearings is the North line of Block 104, City of Fort Collins as bearing South 89° 38' 23" East (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 Order No. FCIF25194208, dated
November 29, 2021 at 5:00 P.M., prepared by Old Republic National Title Insurance Company.
**NOTE: Current Title Commitment will be provided to the Surveyor before Final Plat.***
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) Field survey December 1, 2021
12) The 12' Access Easement recorded at Reception No. 20210109537 has been terminated by Reception No. 20220022761.
13) 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. ***This
note will be removed prior to finalizing and recording.***
MAGNOLIA SUBDIVISION
A REPLAT OF PORTIONS OF LOTS 5-8, BLOCK 104, TOWN OF FORT COLLINS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,
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: Mason 415, LLC, a Colorado limited liability company
BY: ______________________________________
Andre Mouton, Manager
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by
Andre Mouton as Manager of Mason 415, LLC, a Colorado limited liability company.
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:
Portions of the East Half of Lots 5-8, Block 104, City of Fort Collins, located in the Southeast Quarter of Section 11, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County
of Larimer, State of Colorado, being more particularly described as follows;
Considering the North line of Block 104 as bearing South 89° 38' 23" East and with all bearings contained herein relative thereto:
COMMENCING at the Northwest corner of Block 104,
THENCE along the North line of Block 104, South 89° 38' 23" East a distance of 94.97 feet to the POINT OF BEGINNING;
THENCE continuing along said North line, South 89° 38' 23" East a distance of 47.49 feet;
THENCE departing said North line, South 00° 23' 43" West a distance of 59.63 feet;
THENCE South 89° 40' 47" East a distance of 47.46 feet to the East line of Block 104;
THENCE along said East line, South 00° 19' 34" West a distance of 140.40 feet to the South line of Lot 5, Block 104;
THENCE along said South line, North 89° 43' 03" West a distance of 94.93 feet;
THENCE departing said South line, North 00° 20' 32" East a distance of 200.13 feet to the POINT OF BEGINNING.
Said described tract contains 16,169 square feet or 0.371 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 MAGNOLIA SUBDIVISION (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: Katherine S. Belford
Address: 145 N. College Avenue, Unit E
Fort Collins, CO 80524
Registration No.: 54200
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.
C1) 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.
C2) FLOOD ZONE DESIGNATION: According to FIRM Panel 08069C0979H for Larimer County, effective date 5/2/2012, this tract lies within a FEMA
designated Area of Minimal Flood Hazard (Zone X).
VICINITY MAP
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LIENHOLDER: BANK OF COLORADO, a Colorado corporation
BY: ______________________________________
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by
_______________________ as _____________________ of BANK OF COLORADO, a Colorado corporation.
Witness my hand and official seal
My commission expires: ________________
_______________________________
Notary Public
OWNER: PLUTUS HOLDINGS, LLC, a Colorado limited liability company
BY: ______________________________________
Jaime Cawthron, Member
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by
Jaime Cawthron as Member of PLUTUS HOLDINGS, LLC, a Colorado limited liability company.
Witness my hand and official seal
My commission expires: ________________
_______________________________
Notary Public
OWNER: PLUTUS HOLDINGS, LLC, a Colorado limited liability company
BY: ______________________________________
Robert H. Cawthron, Member
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by
Robert H. Cawthron as Member of PLUTUS HOLDINGS, LLC, a Colorado limited liability company.
Witness my hand and official seal
My commission expires: ________________
_______________________________
Notary Public
NE CORNER BLOCK 104
FND 2" ALUMINUM
CAP, ILLEGIBLE
FND #4 REBAR w/
YELLOW PLASTIC CAP
LS 14823
POINT OF
COMMENCEMENT
NW CORNER BLOCK 104
FND #4 REBAR
NO CAP
FND #4 REBAR
NO CAP
FND #4 REBAR w/
ORANGE PLASTIC CAP
(ILLEG.)
FND #4 REBAR
NO CAP
FND #4 REBAR w/
ORANGE PLASTIC CAP
(ILLEGIBLE)20' PUBLIC ALLEY(PER ORIGINAL TOWNPLAT OF FORT COLLINS)LOT 1
3158 sq.ft.
LOT 2
13003 sq.ft.SOUTH MASON STREET(100' PUBLIC ROW)(PER ORIGINAL TOWNPLAT OF FORT COLLINS)S89°47'41"W
24.62'
N89°52'53"W
22.82'
S00°16'48"W
4.95'(R) NORTH 200.0'(M) N00°20'32"E 200.13'(R) EAST 47.5'
(M) S89°38'23"E 47.49'(M) S00°23'43"W 59.63'(R) SOUTH 59.6'(M) N89°43'03"W 94.93'
(R) WEST 95'
WEST MAGNOLIA STREET
(100' PUBLIC ROW)
(PER ORIGINAL TOWN
PLAT OF FORT COLLINS)BLOCK 114CITY OF FORT COLLINSBLOCK 103
CITY OF FORT COLLINS
BLOCK 104
CITY OF FORT COLLINS
LOT 17
BLOCK 104
CITY OF FORT COLLINS
W 1/2
LOT 8
S89°38'23"E
94.97'
S89°38'23"E
47.47'N00°24'15"E59.60'NORTH LINE OF BLOCK 104
BASIS OF BEARINGS
BLOCK 104
CITY OF FORT COLLINS
S89°43'03"E
94.91'
N88°42'02"W
20.00'S00°19'34"W139.06'S00°19'34"W61.20'S00°19'34"W39.78'S00°19'34"W39.99'CALCULATED
POSITION
FND #4 REBAR
NO CAP
FND #4 REBAR w/
YELLOW PLASTIC CAP
LS 14823
FND NAIL & BRASS TAG
2' WITNESS CORNER
LS 14823
FND #4 REBAR
NO CAP
(NOT ACCEPTED,
DISTURBED)
FND #4 REBAR
NO CAP
BLOCK 104
CITY OF FORT COLLINS
S89°40'47"E 47.46'S00°19'34"W 140.40'S00°19'44"W
4.20'N00°19'34"E49.82'131.01'69.11'W 1/2
LOT 7
W 1/2
LOT 6
W 1/2
LOT 5
POINT OF
BEGINNING
SEE NOTE 12
E 1/2
LOT 5
E 1/2
LOT 6
E 1/2
LOT 7
E 1/2
LOT 8
Sheet
Of 2 SheetsMAGNOLIA SUBDIVISIONNOTICE: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 COLORADOLEGEND
BOUNDARY LINE
EXISTING RIGHT-OF-WAY
EASEMENT LINE
PROPOSED LOT LINE
NORTH
For and on behalf of Northern Engineering Services, Inc.
Robert C. Tessely
Colorado Registered Professional Land Surveyor No. 38470
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FOUND PROPERTY CORNER
AS DESCRIBED
MEASURED BEARING/DISTANCE PER
FIELD SURVEY 12-1-21(M)
RECORDED BEARING/DISTANCE PER
ORIGINAL PLAT OF FORT COLLINS(R)
FOUND SECTION CORNER
AS DESCRIBED
SET 18" #4 REBAR WITH 1" DIAMETER
BLUE PLASTIC CAP, PLS 38470
CALCULATED POSITION
MAGNOLIA SUBDIVISION
A REPLAT OF PORTIONS OF LOTS 5-8, BLOCK 104, TOWN OF FORT COLLINS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
RIGHT-OF-WAYROW
EXISTING LOT LINE