HomeMy WebLinkAboutSPIRIT OF JOY MINOR SUBDIVISION - BDR220006 - SUBMITTAL DOCUMENTS - ROUND 2 - SUBDIVISION PLATCOLORADO STATE HIGHWAY 68(HARMONY ROAD)LEMAY AVENUE(100' ROW)PER GOLDEN MEADOWS SECOND FILINGSECOND REPLATOF WHALERS COVELOT89LOT88LOT87LOT86LOT85LOT84LOT83LOT82LOT90LOT 100LOT 101LOT 102LOT 103TRACT "E"SECOND REPLATOF WHALERS COVETRACT"D"LOT 265,211 sq. ft.1.497 acresLOT 1119,630 sq. ft.2.746 acresCOURTNEY PARK PUDREC. NO. 19850005338ROWDEDICATEDBY THIS PLAT486 sq. ft.0.011 acresLEGENDSPIRIT OF JOY LUTHERAN SUBDIVISION 2ND FILINGBeing a Replat of Spirit of Joy Lutheran Subdivision,Situate in the Southeast Quarter of Section 36, Township 7North, Range 69 West of the 6th P.M.City of Fort Collins, County of Larimer, State of ColoradoMAJESTIC SURVEYING, LLC 1111 DIAMOND VALLEY DRIVE #104, WINDSOR, CO 80550PROJECT NO: 2022174DATE: 5-1-2022DRAWN BY: MAKPROJECT NAME: SPIRIT OF JOYFILE NAME: 2021000CLIENT: MIKE FORNEYCHECKED BY: JPSCALE: 1" = 40'1SHEET 1 OF 1REVISIONS:DATE:STATEMENT OF OWNERSHIP AND SUBDIVISION:Know all persons by these presents, that the undersigned, being owner(s) of the following described land:A parcel of land situate in the Southeast Quarter of Section Thirty-six (36), Township Seven North (T.7N.), Range Sixty-nine West(R.69W.) of the Sixth Principal Meridian (6th P.M.), and being more particularly described as follows:Lot 1, Spirit of Joy Lutheran Subdivision as recorded June 15, 1988 at Reception No. 88032679 of the Larimer County Clerk andRecorder, City of Fort Collins, County of Larimer, State of Colorado.Said parcel contains 185,327 Square Feet or 4.255 Acres more or less by this survey.for themselves and their successors in interest (collectively,“Owner”) have caused the above described land to be surveyed andsubdivided into lots, tracts and streets as shown on this Plat to be known as SPIRIT OF JOY LUTHERAN SUBDIVISION 2ND FILING(the "Development"), subject to all easements and rights-of-way now of record or existing or indicated on this Plat. The rights andobligations of the Plat shall run with the land.Spirit of Joy Lutheran Church, a Colorado nonprofit corporation________________________________________________BY: Ben Haugestuen, President of Church CouncilNOTARIAL CERTIFICATESTATE OF COLORADO) ssCOUNTY OF LARIMER)The foregoing instrument was acknowledged before me by Ben Haugestuen as President of Church Council of the Spirit of Joy LutheranChurch, a Colorado nonprofit corporation, this _____ day of ___________, 2023.Witness my Hand and Official Seal.________________________________________________Notary PublicMy commission expires: ________________.SURVEYOR'S CERTIFICATEI, Steven Parks, a Colorado Licensed Professional Land Surveyor, do hereby state that this Subdivision Plat wasprepared from an actual survey under my personal supervision, that the monumentation as indicated hereon werefound or set as shown, and that the forgoing Plat is an accurate representation thereof, all this to the best of myknowledge, information and belief.Steven Parks - On Behalf of Majestic Surveying, LLCColorado Licensed Professional Land Surveyor #38348VICINITY MAPSCALE: 1" = 500'BASIS OF BEARINGS AND LINEAL UNIT DEFINITIONAssuming the South line of the Southeast Quarter of Section 36, Township 7North, Range 69 West of the 6th P.M., monumented as shown on this drawing, asbearing North 89°52'29" East, being a Grid Bearing of the Colorado State Plane,North Zone, North American Datum 1983/2011, a distance of 2652.13 feet andwith all other bearings contained herein relative thereto.The lineal dimensions as contained herein are based upon the "U.S. Survey Foot".NOTICEAccording to Colorado law you must commence any legalaction based upon any defect in this survey within threeyears after you first discover such defect. In no event mayany action based upon any defect in this survey becommenced more than ten years from the date of thecertification shown hereon. (13-80-105 C.R.S. 2012)TITLE COMMITMENT NOTEFor all information regarding easements, rights-of-wayand title of records, Majestic Surveying, LLC relied uponTitle Commitment Number FCC25200126, dated August1, 2022, as prepared by Land Title Guarantee Company todelineate the aforesaid information. This survey does notconstitute a title search by Majestic Surveying, LLC todetermine ownership or easements of record.CERTIFICATE OF DEDICATION:The Owner does hereby dedicate and convey to the City of Fort Collins, Colorado (hereafter “City”), for public use, forever, apermanent 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 sodedicated, and (2) acceptance by the City of this dedication of streets does not impose upon the City a duty to maintain streets sodedicated until such time as the provisions of the Maintenance Guarantee have been fully satisfied. The streets dedicated on thisPlat 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 theright to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easements public improvementsconsistent with the intended purpose of the Easements; the right to install, maintain and use gates in any fences that cross theEasements; the right to mark the location of the Easements with suitable markers; and the right to permit other public utilities toexercise these same rights. Owner reserves the right to use the Easements for purposes that do not interfere with the full enjoymentof the rights hereby granted. The City is responsible for maintenance of its own improvements and for repairing any damagecaused by its activities in the Easements, but by acceptance of this dedication, the City does not accept the duty of maintenance ofthe Easements, or of improvements in the Easements that are not owned by the City. Owner will maintain the surface of theEasements in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. Except asexpressly permitted in an approved plan of development or other written agreement with the City, Owner will not install on theEasements, 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 areinstalled in the Easements, the City has the right to require the Owner to remove such obstacles from the Easements. If Ownerdoes not remove such obstacles, the City may remove such obstacles without any liability or obligation for repair and replacementthereof, and charge the Owner the City’s costs for such removal. If the City chooses not to remove the obstacles, the City will notbe liable for any damage to the obstacles or any other property to which they are attached. The rights granted to the City by thisPlat 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 bythe City of the improvements warranted hereunder, the full and complete maintenance and repair of the improvements to be constructedin connection with the Development which is the subject of this Plat. This warranty and guarantee is made in accordance with the CityLand Use Code and/or the Transitional 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/orrepair 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 constructionstandards, safety requirements and environmental protection requirements of the City. The Owner shall also correct and repair, or causeto be corrected and repaired, all damages to said improvements resulting from development-related or building-related activities. In theevent the Owner fails to correct any damages within thirty (30) days after written notice thereof, then said damages may be corrected bythe City and all costs and charges billed to and paid by the Owner. The City shall also have any other remedies available to it asauthorized by law. Any damages which occurred prior to the end of said two (2) year period and which are unrepaired at the terminationof said period shall remain the responsibility of the Owner.Notice of Other Documents:All persons take notice that the Owner has executed certain documents pertaining to this Development which create certain rights andobligations of the Development, the Owner and/or subsequent Owners of all or portions of the Development site, many of whichobligations constitute promises and covenants that, along with the obligations under this Plat, run with the land. The said documentsmay also be amended from 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 on file in the office of the clerkof the City and should be closely examined by all persons interested in purchasing any portion of the Development site.REPAIR GUARANTEE:In consideration of the approval of this final Plat and other valuable consideration, the Owner does hereby agree to hold the Cityharmless for a five (5) year period, commencing upon the date of completion and first acceptance by the City of the improvements to beconstructed in connection with the development which is the subject of this Plat, from any and all claims, damages, or demands arisingon account of the design and construction 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, crosspans, sub-drains, culverts, walls and bridges within the right-of-way, Easements and other public properties, resulting from failurescaused 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 tothe Owner or his/her successors in interest during the warranty period, for any claim of damages resulting from negligence in exercisingengineering techniques and due caution in the construction of cross drains, drives, structures or buildings, the changing of courses ofstreams and rivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Any and all monetaryliability occurring under this paragraph shall be the liability of the Owner. I further warrant that I have the right to convey said landaccording to this Plat.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 allpersons signing 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 and otherinformation discovered by me through reasonable inquiry and is limited as authorized by Section2.2.3(C)(3)(f) of the Land Use Code.Attorney: Charles J. CuypersAddress: Cuypers Law, LLC 6826 Montserrat Drive Fort Collins, CO 80525Registration No.: 33750NOTICEALL RESPONSIBILITIES AND COSTS OF OPERATION, MAINTENANCE ANDRECONSTRUCTION OF THE PRIVATE STREETS AND/OR DRIVES LOCATED ON THE PRIVATEPROPERTY THAT IS THE SUBJECT OF THIS PLAT SHALL BE BORNE BY THE OWNERS OFSAID PROPERTY, EITHER INDIVIDUALLY, OR COLLECTIVELY, THROUGH A PROPERTYOWNERS' ASSOCIATION, IF APPLICABLE. THE CITY OF FORT COLLINS SHALL HAVE NOOBLIGATION OF OPERATION, MAINTENANCE OR RECONSTRUCTION OF SUCH PRIVATESTREETS AND/OR DRIVES NOR SHALL THE CITY HAVE ANY OBLIGATION TO ACCEPT SUCHSTREETS AND/OR DRIVES AS PUBLIC STREETS OR DRIVES.APPROVED AS TO FORM, CITY ENGINEERBy the City Engineer, City of Fort Collins, Colorado this _____ day of_____________________, 20___.________________________________City EngineerPLANNING APPROVALBy the Director of Community Development and Neighborhood Services, Cityof Fort Collins, Colorado this _____ day of_____________________, 20___.________________________________Director of Community Development and Neighborhood ServicesNOTEThere shall be no private conditions, covenants or restrictions that prohibitor limit the installation of resource conserving equipment or landscapingthat are allowed by Sections 12-120 & 12-122 of the City Code.EXISTING EASEMENTS NOTEIn the event that the geometry shown for existing easements on this platconflicts with the original dedicating instrument, the original documentinformation shall supersede.Feet04080REDLINES12-8-22REVISED EASEMENT2-17-23