HomeMy WebLinkAboutVON VIHL HEIGHTS THIRD SUBDIVISION - BDR240007 - SUBMITTAL DOCUMENTS - ROUND 2 - Subdivision PlatSITE
WEST PROSPECT ROAD
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NOTICE: According to Colorado law you must commence any legal
action based upon any defect in this survey within three years after you
first discover such defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years from the date
of the certification shown hereon.
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1
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SITUATE IN THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
VON VIHL HEIGHTS THIRD SUBDIVISION
NOTES
- THIS SURVEY IS BASED ON A TITLE COMMITMENT PROVIDED BY COMMONWEALTH LAND TITLE
INSURANCE COMPANY, ORDER NUMBER: 598-HS0803851-414, JULY 15, 2022 AT 08:00 AM.
- ADJACENT PLATTED LOTS ARE SHOWN PER THE LARIMER COUNTY ASSESSORS WEBSITE.
- BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH P.M. TO HAVE THE VON VIHL HEIGHTS SUBDIVISION RECORD
BEARING OF S89°33'E OF BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 16, BEING A FOUND
3-1/4" ALUMINUM CAP IN A MONUMENT BOX MARKED "LS 23899", AND THE SOUTH 1/4 CORNER OF
SAID SECTION 16, BEING A FOUND 2-1/2" ALUMINUM CAP IN A SURVEY MONUMENT BOX MARKED
"LS 38318 - 2012".
- LINEAR UNITS ARE SHOWN IN U.S. SURVEY FOOT
- 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.
- THE NEW LOTS CREATED BY THIS ACTION ARE SUBJECT TO THE SAME RESTRICTIONS, COVENANTS,
AND REGULATIONS AS SET FORTH IN THE PLAT OF VON VIHL HEIGHTS SUBDIVISION RECORDED AT
RECEPTION NO. 765654 OF THE LARIMER COUNTY RECORDS.
STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all persons by these presents, that the undersigned, being owner(s) of the following described land:
LOT 11, VON VIHL HEIGHTS SUBDIVISION
RECORDED AT RECEPTION NO. 765654 (1959)
which the above described parcel contains 24,409 sq.ft. (0.560 acres) more of 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 VON VIHL
HEIGHTS THIRD SUBDIVISION, subject to all easements and rights-of-way now of record or existing or
indicated on this Plat. The rights and obligations of the 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.
OWNER(S)
________________________________________
BRAD W. CARLSON
________________________________________
MAYA M. CARLSON
STATE OF COLORADO )
) SS
COUNTY OF LARIMER )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF
____________________________, 20_____ BY: BRAD W. CARLSON AND MAYA M. CARLSON.
_________________________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES_________________SEAL
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.: ________________________________
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-ofway, 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.
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.
SURVEYOR’S STATEMENT:
I, CHRISTOPHER L. THEW, 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 forgoing Plat is an accurate representation thereof, all this to the best of
my knowledge, information and belief.
CHRISTOPHER L. THEW PE-PLS
COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR # 38692
APPROVED AS TO FORM, CITY ENGINEER:
BY THE CITY ENGINEER OF THE CITY OF FORT COLLINS, COLORADO THIS ___________ DAY OF
_______________________ A.D.,_____________ .
__________________________________________________________________
CITY ENGINEER
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 SERVICES
LIEN HOLDER:
CORNERSTONE HONE LENDING, INC.
________________________________________
REPRESENTATIVE
________________________________________
TITLE
STATE OF COLORADO )
) SS
COUNTY OF LARIMER )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF
__________________, 20_____ BY: ______________________________________________.
_________________________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES_________________SEAL
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BEING A SUBDIVISION OF LOT 11, VON VIHL HEIGHTS SUBDIVISION
VICINITY MAP
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LOT 10,
VON VIHL HEIGHTS SUBDIVISION
RECEPTION NO. 765654 (1959)
30' RIGHT OF WAY PER PLAT
LOT 11,
VON VIHL HEIGHTS
SECOND SUBDIVISION
RECEPTION NO. 778734 (1960)
LOT 12,
VON VIHL HEIGHTS
SECOND SUBDIVISION
RECEPTION NO. 778734 (1960)
30' RIGHT OF WAY PER PLAT
THE ELLIOT - MILLER FOOTHILLS
WEST SUBDIVISION THIRD FILING
RECEPTION NO. 964888 (1969)
50' RIGHT OF WAY PER PLAT
ADDITIONAL 7.5' DEDICATED PER
RECEPTION NO. 20120065579
THE ELLIOT - MILLER FOOTHILLS WEST
SUBDIVISION THIRTEENTH FILING
RECEPTION NO. 112769 (1975)
50' RIGHT OF WAY PER PLAT
UNPLATTED
RIGHT OF WAY PER:
RECEPTION NO. 19960041724
THE PONDS AT OVERLAND TRAIL
FIRST FILING
RECEPTION NO. 19960041724
62' RIGHT OF WAY PER PLAT (EAST)
62'
62'
57.5'
57.5'
30'
68'
1,943 S.F. OF
RIGHT OF WAY
DEDICATED BY THIS PLAT
S 16
389
T7N R69W
92SL
S 21
S 17
S 20
S 89°33'00" E 130.00'
N
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30'
N89°33'W 129.95' (PLAT)
S89°33'E 130.00' (PLAT)
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WEST PROSPECT ROAD
(101' RESULTANT RIGHT OF WAY)
ORIGINAL RIGHT OF WAY SHOWN PER:
VON VIHL HEIGHTS SUBDIVISION AND
ADJACENT PLATS-DEDICATIONS AS SHOWN
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5' UTILITY EASEMENT
RECEPTION NO. 765654 (1959)
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90
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13.5' RIGHT OF WAY
DEDICATED BY THIS PLAT
15' UTILITY EASEMENT
DEDICATED BY THIS PLAT
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BASIS OF BEARING
LOT2
10,769 S.F.
LOT 1
11,697 S.F.
17
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57.5'
R=30.00'L=46.80'
Δ=89°22'45"
SOUTHWEST CORNER OF SECTION 16, T7N, R69W
FOUND 3-1/4" ALUMINUM CAP IN MONUMENT BOX
MARKED AS SHOWN
10' DRAINAGE EASEMENT
DEDICATED BY THIS PLAT
5'
5'
F
ORT
COLLINS S URVEY MARKER
1/4
S 16S 17
T7N R69W
BRADSHAW PLS 20123
WEST 1/4 CORNER OF SECTION 16, T7N, R69W
FOUND 3-1/4" ALUMINUM CAP IN MONUMENT BOX
MARKED AS SHOWN
1/4
S 16
2011
PLS 3 7 899
T7N R69W
S 21
SOUTH 1/4 CORNER OF SECTION 16, T7N, R69W
FOUND 2-1/2" ALUMINUM CAP IN MONUMENT BOX
MARKED AS SHOWN
LEGEND
FOUND PUBLIC LAND SURVEY MONUMENT AS DESCRIBED
FOUND 1/2" REBAR WITH PLASTIC CAP MARKED "LS 5028 - STEWART"
SET NAIL AND DISC IN CONCRETE MARKED "LS 38692"
SET 1/2" REBAR WITH 1" PLASTIC CAP MARKED "LS 38692"
BOUNDARY LINE
RIGHT OF WAY LINE
SECTION LINE
EASEMENT LINE
EASEMENT LINE DEDICATED BY THIS PLAT
NOTICE: According to Colorado law you must commence any legal
action based upon any defect in this survey within three years after you
first discover such defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years from the date
of the certification shown hereon.
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CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SITUATE IN THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
VON VIHL HEIGHTS THIRD SUBDIVISION
NOTES
- THIS SURVEY IS BASED ON A TITLE COMMITMENT PROVIDED BY COMMONWEALTH LAND TITLE
INSURANCE COMPANY, ORDER NUMBER: 598-HS0803851-414, JULY 15, 2022 AT 08:00 AM.
- ADJACENT PLATTED LOTS ARE SHOWN PER THE LARIMER COUNTY ASSESSORS WEBSITE.
- BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH P.M. TO HAVE THE VON VIHL HEIGHTS SUBDIVISION RECORD
BEARING OF S89°33'E OF BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 16, BEING A FOUND
3-1/4" ALUMINUM CAP IN A MONUMENT BOX MARKED "LS 23899", AND THE SOUTH 1/4 CORNER OF
SAID SECTION 16, BEING A FOUND 2-1/2" ALUMINUM CAP IN A SURVEY MONUMENT BOX MARKED "LS
38318 - 2012".
- LINEAR UNITS ARE SHOWN IN U.S. SURVEY FOOT
- 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.
- THE NEW LOTS CREATED BY THIS ACTION ARE SUBJECT TO THE SAME RESTRICTIONS, COVENANTS,
AND REGULATIONS AS SET FORTH IN THE PLAT OF VON VIHL HEIGHTS SUBDIVISION RECORDED AT
RECEPTION NO. 765654 OF THE LARIMER COUNTY RECORDS.
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BEING A SUBDIVISION OF LOT 11, VON VIHL HEIGHTS SUBDIVISION
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92.0'