HomeMy WebLinkAboutMAGNOLIA & SMITH SUBDIVISION - BDR230007 - SUBMITTAL DOCUMENTS - ROUND 2 - SUBDIVISION PLATS m i t h S t r e e t
(100' ROW per Map of Town of Fort Collins)E a s t M a g n o l i a S t r e e t (100' ROW per Map of Town of Fort Collins)Basis of Bearings Lot 2Lot 153'47'N 00°02'45" E 49.98'Lot 3, Block 164Lot 5, Block 164a l l e y (20' wide per Map of Town of Fort Collins)N 00°07'03" E 64.00'S 89°56'08" E 82.00'N 89°56'08" W 108.00'S 00°07'03" W 53.00'108.00'N 00°07'03" E 53.00'Lot 3S 89°56'08" E 190.00'S 00°07'03" W 100.00'
N 00°07'03" E 100.00'Block 163Block 174Block 1739' standard utility easement8' standard utility easement100'100'9' standard utility easementS 00°07'03" W 47.00'N 89°56'08" W 190.00'N 00°07'03" E 36.00'S 89°56'08" E 68.00'N 00°07'04" E11.00'S 89°56'10" E 122.00'C:\Users\plsgc\OneDrive\for Brett\23024\image\VIC_small.PNGREVISIONSByByByDescriptionDescriptionDescriptionDateDateDateSHEETSNO. OFSHEET NO.PROJECT NO.TITLESTPMPLSField DatePrint DateParty ChiefPLS Corporation532 West 66th Street, Loveland, Colorado 80538Phone: 970.669.2100 - Info@plscorporation.comCLIENTC:\Users\bshor\OneDrive\for Brett\23024\dwg\23024d003.dwg July 12, 2023 - 10:16amNOTICE: 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. July 12, 20231123024.003Section 12, Township 07 North, Range 69 West, 6th P .M., Larimer County, ColoradoPreliminary PlatSUBDIVISION of FORT COLLINS, Blk 164, Lot 4n/aBABMBSMay 1st, 2023BABKatherine Liesel HansLegend:set 0.5" iron rod w/ 1" plastic cap stamped PLS 32444found 0.5" iron rodboundaryadjacenteasement0 4020
N o r t h - S c a l e 1 " = 2 0 'Legal Description :(per Reception# 20230005874 andReception # 20230006004)The North 53 feet of Lot 4, Block 164, City of Fort Collins,County of Larimer, State of ColoradoANDThe South 47 feet of Lot 4, Block 164, City of Fort Collins,County of Larimer, State of ColoradoNotes:-PLS Corporation relied upon GUARANTEED TITLE GROUP, LLC title commitment, File No.9790GTG, commitment date February 1, 2023 at 7:00 a.m. for 401 Smith Street, Fort Collins,CO 80524-PLS Corporation relied upon NORTH AMERICAN TITLE COMPANY OF COLORADO titlecommitment, File No. 33400-18-15534, effective date April 10, 2018 at 7:30 a.m. for 405 SmithStreet, Fort Collins, CO 80524-No wetlands determinations were made this date.-Bearings are based on East line of Lot 4 as bearing S 00°07'03" W. Based on an assumedmeridian, being monumented as shown hereon.-Distances shown are in U.S. Survey Feet-The total area contains 0.436 acres, more or less.-Historic Landmark Designation- North 53 feet & East 108 feet of Lot 4, Block 164, City of FortCollins also known by as Street name and Number as 401 Smith Street, City of Fort Collins,County of Larimer, State of Colorado.-Maximum Building height of Lot 3 to maintain compatibility with the City Landmark at 401 SmithStreet described above and not exceed 26 feet tall.-Future parties interested in Lot 1 and Lot 3 acknowledge the abutting alley along the 100 feet ofalley frontage is unimproved and future development/redevelopment of Lot 1 or Lot 3 isobligated for alley improvements as outlined in 24 95 of the City Code.SURVEYOR'S STATEMENTI, M. Bryan Short, a duly registered Professional Land Surveyor in the State ofColorado, do hereby state, to the best of my professional knowledge, informationand belief, that this Improvement Survey Plat correctly represents the results of amonumented land survey made by me, or under my direction, and is inaccordance with applicable standards of practice. This statement not a guarantyor warranty, either expressed or implied.Vicinity MapBEING A REPLAT OF LOT 4, BLOCK 164, MAP OF THE TOWN OF FORT COLLINS, SITUATE IN THE SOUTHWEST QUARTER OF SECTION12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADOMAGNOLIA & SMITH SUBDIVISION (Subdivision Plat)PLANNING APPROVAL:By the Director of Community Development and Neighborhood Services the City of Fort Collins, Colorado this_________ day of ____________ A.D., _____________._______________________________________Director of Community Development and Neighborhood ServicesATTORNEY CERTIFICATE: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 the Subdivision Plat on behalf of acorporation or other entity are duly authorized signatories under the laws of the State of Colorado. This certification is basedupon the records of the 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 Section 2.23 9C)(3)(f) of the LandUse Code.Attorney: ___________________________________Address: ___________________________________ ___________________________________Registration No.: _____________________________Lienholder: 405 Smith Street(Lienholder)The forgoing instrument was acknowledged before me this_________ day of ____________, 20____.My commission expires ______________Witness my hand and Official Seal.______________________________Notary Public(Lienholder)The forgoing instrument was acknowledged before me this_________ day of ____________, 20____.My commission expires ______________Witness my hand and Official Seal.______________________________Notary PublicMAINTENANCE 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 ofthe improvements warranted hereunder, the full and complete 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 with the City Land Use Code and/or theTransitional Land Use Regulations, as applicable. This guarantee applies to the streets and all other appurtenant structures and amenities lyingwithin 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 owningutility company or department.The Owner shall maintain said improvements in a manner that will assure compliance on a consistent basis with all construction standards, safetyrequirements and environmental protection requirements of the City. The Owner shall also correct and repair, or cause to be corrected andrepaired, all damages to said improvements resulting from development-related or building-related activities. In the event the Owner fails to correctany damages within thirty (30) days after written notice thereof, then said damages may be corrected by the City and all costs and charges billed toand 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 theend 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 withthe development which is the subject of this Plat, from any and all claims, damages, or demands arising on account of the design and constructionof 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 theright-of-way, Easements and other public properties, resulting from failures caused by design and/or construction defects. This agreement to holdthe City harmless includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills orexcavations.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 Owneror his/her successors in interest during the warranty period, for any claim of damages resulting from negligence in exercising engineeringtechniques 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 thisparagraph 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 obligationsof the Development, the Owner and/or subsequent Owners of all or portions of the Development site, many of which obligations constitute promisesand covenants that, along with the obligations under this Plat, run with the land. The said documents may also be amended from time to time andmay include, without limitation, the Development Agreement, Site And Landscape Covenants, Final Site Plan, Final Landscape Plan, andArchitectural Elevations, which documents are on file in the office of the clerk of the City and should be closely examined by all persons interestedin purchasing any portion of the Development site.STATEMENT OF OWNERSHIP AND SUBDIVISION:Know all persons by these presents, that the undersigned owner(s) of the following described land:A portion of the Southeast 1/4 of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado being more particularlydescribed as follows:Lot 4, Block 164, Fort Collins, public records of Larimer County, ColoradoContaining 0.436 acres, more or lessfor themselves and their successors in interest Mark Alan Cassalia, Katherine Liesel Hans and Michael AustinHans(collectively,"Owner") have caused the above described land to be surveyed and subdivided into lots, tracts andstreets as shown on this Plat to be known as MAGNOLIA AND SMITH SUBDIVISION (the "Development"), subject to alleasements and rights-of-way now of record or existing or indicated on this Plat. The rights and obligations of this Plat shall runwith the land.Katherine Liesel Hans (401 Smith Street)The signature(s) shall be notarized as follows:State of )) SSCounty of )The foregoing dedication was acknowledged before me this day of , 20, by .SEAL Notary PublicMy commission expires _____________________________________Michael Austin Hans (401 Smith Street)The signature(s) shall be notarized as follows:State of )) SSCounty of )The foregoing dedication was acknowledged before me this day of , 20, by .SEAL Notary PublicMy commission expires Katherine Liesel Hans (405 Smith Street)Mark Alan Cassalia (405 Smith Street)The signature(s) shall be notarized as follows:State of )) SSCounty of )The foregoing dedication was acknowledged before me this day of , 20, by .SEAL Notary PublicMy commission expires 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-wayfor street purposes and the “Easements” as laid out and designated on this Plat; provided, however, that (1) acceptance by the City of this dedicationof Easements does not impose upon the City a duty to maintain the Easements so dedicated, and (2) acceptance by the City of this dedication ofstreets does not impose upon the City a duty to maintain streets so dedicated until such time as the provisions of the Maintenance Guarantee havebeen 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 rightsunder the Easements include the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easements publicimprovements consistent 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 to exercise these samerights. Owner reserves the right to use the Easements for purposes that do not interfere with the full enjoyment of the rights hereby granted. The Cityis responsible for maintenance of its own improvements and for repairing any damage caused by its activities in the Easements, but by acceptance ofthis dedication, the City does not accept the duty of maintenance of the Easements, or of improvements in the Easements that are not owned by theCity. Owner will maintain the surface of the Easements in a sanitary condition in compliance with any applicable weed, nuisance or other legalrequirements.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 (otherthan usual and customary grasses and other ground cover). In the event such obstacles are installed in the Easements, the City has the right torequire the Owner to remove such obstacles from the Easements. If Owner does not remove such obstacles, the City may remove such obstacleswithout any liability or obligation for repair and replacement thereof, and charge the Owner the City's costs for such removal. If the City chooses notto 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.APPROVED AS TO FORM, CITY ENGINEER:By the City Engineer of the City of Fort Collins, Colorado this day of, A.D.,._______________________________________City EngineerDIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES APPROVAL:By the Director of Community Development and Neighborhood Services the City of Fort Collins, Coloradothis day of, A.D.,.______________________________________________________Director of Community Development and neighborhood ServicesSITE