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Home My WebLink AboutGATEWAY APARTMENTS - PDP230001 - DOCUMENT MARKUPS - ROUND 2 - SUBDIVISION PLATPROSPECT ROADINTERSTATE - 25HWY 14 / E. MULBERRY ST Sheet Of 3 SheetsGATEWAY APARTMENTSNOTICE: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.NOTES: 1) The Basis of Bearings is the South line of the Southeast Quarter of Section 16, as bearing South 88° 21' 25" East (assumed bearing) with the South Quarter corner of Section 16 being a 2 1 2" aluminum cap on #6 rebar, stamped LS 17497 and the Southeast corner of Section 16 being a 2 1 2" brass cap in concrete, stamped LS 14823. 2) For all information regarding easements, right-of-way or title of record, Northern Engineering relied upon Property Information Binder Order No. FCIF25171309, dated July 8, 2022, prepared by Land Title Guarantee Company . 3) The lineal unit of measurement for this plat is U.S. Survey Feet. 4) 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. 5) FLOOD ZONE DESIGNATION: ACCORDING TO FEMA MAP NUMBER 08069C0984H, DATED MAY 2, 2012, A PORTION OF THIS TRACT OF LAND IS WITHIN A FEMA DESIGNATED SPECIAL FLOOD HAZARD AREA (SFHA), AND IS SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE (100-YEAR) FLOOD. THIS AREA IS ALSO INCLUDED IN A LETTER OF MAP REVISION (LOMR) CASE NUMBER 17-08-1354P EFFECTIVE FEBRUARY 21, 2019. 6) 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. 7) For easements created by separate document and shown hereon refer to record document for specific terms. 8) 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. 9) 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. 10) Adjacent property owner information per the Larimer County Land information Locator. 11) 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. 12) 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. 13) 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. 14) 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. 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: A tract of land located in Section 16, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: Tract G, Gateway at Prospect, recorded ________TBD________ at Reception No. ________TBD________, Larimer County Clerk and Recorder Said described tract contains 544,016 square feet or 12.489 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 GATEWAY APARTMENTS (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 VICINITY MAP NORTH SITE GATEWAY APARTMENTS BEING A REPLAT OF TRACT G, GATEWAY AT PROSPECT, LOCATED IN SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO OWNER/APPLICANT SITE ENGINEER Northern Engineering Services, Inc. Stephanie Thomas, PE 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 SURVEYOR LANDSCAPE ARCHITECT Aaron Olson 444 Mountain Avenue Berthoud, CO 80513 (970)-532-5891 Northern Engineering Services, Inc. Bob Tessely, PLS 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 Fort Collins / I-25 Interchange, LLC Tim Mckenna 2 North Cascade Avenue Suite 1490 Colorado Springs, CO 80903 (719)-540-5800 1 CITY OF FORT COLLINS STATE OF COLORADO DRAFT 1-4-23 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 FEMA 100-YR FLOODWAY C6C 5S38°33'32"W 263.34'C4S44°07'03"W 120.00'C3 S57°41'41"E 42.59' C 2 S89°49'10"E 465.19'C1N00°10'50"E 157.75'C13N17°21'55"W 155.20 ' 26' EMERGENCY ACCESS AND UTILITY EASEMENT UTILITY EASEMENT 26' EMERGENCY ACCESS AND UTILITY EASEMENT26' EMERGENCY ACCESS AND UTILITY EASEMENT 26' EMERGENCY ACCESS AND UTILITY EASEMENT 12' UTILITY EASEMENT 7' UTILITY EASEMENT 10' UTILITY EASEMENT 10' UTILITY EASEMENT 10' UTILITY EASEMENT 10' UTILITY EASEMENT8' UTILITY EASEMENT 12' UTILITY EASEMENT 12' UTILITY EASEMENT 7' UTILITY EASEMENT 35.25' DRAINAGE EASEMENT 10' UTILITY EASEMENT 10' UTILITY EASEMENT 10' UTILITY EASEMENT 10' UTILITY EASEMENT 8' UTILITY EASEMENT 30' UTILITY EASEMENT 26' EMERGENCY ACCESS AND UTILITY EASEMENT 6.5' UTILITY EASEMENT 12' UTILITY 10' UTILITY EASEMENT 10' UTILITY EASEMNT 10' UTILITY EASEMENT 10' UTILITY EASEMENT 30' PEDESTRIAN ACCESS AND TRAIL EASEMENT PER GATEWAY AT PROSPECT 9' UTILITY EASEMENT 9' UTIL I T Y E A S E M E N T 26' EMERGENCY ACCESS AND UTILITY EASEMENT 26' EMERGENCY ACCESS AND UTILITY EASEMENT 26' EMERGENCY ACCESS AND UTILITY EASEMENT 20' DRAINAGE EASEMENT26' EMERGENCY ACCESS AND UTILITY EASEMENT 65' DRAINAGE EASEMENT 10' UTILITY EASEMENT 20' DRAINAGE EASEMENT PER GATEWAY AT PROSPECT 20' DRAINAGE EASEMENT PER GATEWAY AT PROSPECT 21' DRAINAGE EASEMENT TRACT B 55,549 sq. ft. 1.275 ac. TRACT A 488,467 sq. ft. 11.214 ac.N00°00'00"E342.63'N90°00'00"E 209.34' N00°00'00"E 12.91' N52°0 3' 49" E 128.4 7' N37°56'11"W 11.12' N52° 03'4 9" E 179. 44'C15C1 4 DRAINAGE EASEMENT 30' UTILITY EASEMENT STREET B(63' PUBLIC ROW PERGATEWAY AT PROSPECT)STREE T E ( 6 9 ' PUB L IC ROW PERGATEWAY A T PROSPEC T ) STREET D (63' PUBLIC ROW PER GATEWAY AT PROSPECT) 26' EMERGENCY ACCESS AND UTILITY EASEMENT GATEWAY AT PROSPECT TRACT F GATEWAY AT PROSPECT TRACT H GATEWAY AT PROSPECT TRACT D GATEWAY AT GATEWAY AT PROSPECT TRACT B FEMA 100-YR FLOODPLAIN N89°48'44"W 79.43'S00°11'16"W4239.69'NORTH QUARTER CORNER SECTION 16, T.7N., R.68W. FOUND 2 1/2" ALUMINUM CAP IN CONCRETE, ILLEGIBLE IN MONUMENT BOX Sheet Of 3 SheetsGATEWAY APARTMENTSNOTICE: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.GATEWAY APARTMENTS BEING A REPLAT OF TRACT G, GATEWAY AT PROSPECT, LOCATED IN SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 2 CITY OF FORT COLLINS STATE OF COLORADOFor and on behalf of Northern Engineering Services, Inc. Robert C. Tessely Colorado Registered Professional Land Surveyor No. 38470 PRELIMINARY DRAFT 1-4-23 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 NORTH LEGEND BOUNDARY LINE EXISTING RIGHT-OF-WAY EASEMENT LINE LOT LINE FOUND PROPERTY CORNER AS DESCRIBED SET 18" #4 REBAR WITH BLUE PLASTIC CAP, PLS 38470 FOUND SECTION CORNER AS DESCRIBED UTILITY EASEMENTUE SECTION LINE FEMA 100-YR FLOODWAY FEMA 100-YR HIGH-RISK FLOODPLAIN SEE SHEET 3