HomeMy WebLinkAboutDocument Markups - Subdivision Plat - 09/13/2024SITE
E. MOUNTAIN AVE.
E. OAK STREET
E. OLIVE STREET
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LOT 17, REPLAT OF THE NORTH
HALF OF BLOCK 151
CITY OF FORT COLLINS
RECEPTION NO. 68387 (1901)
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RECEPTION NO. 1727 (1873)
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9' UTILITY EASEMENT
DEDICATED BY THIS PLAT
LOT 14
TRACT D
CITY OF FORT COLLINS
RECEPTION NO. 1727 (1873)
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BOOK 975, PG 47 (1954)
100'
E. OAK STREET
100' RIGHT OF WAY
RECEPTION NO. 1727 (1873)
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BLOCK 152
CITY OF FORT COLLINS
RECEPTION NO. 1727 (1873)
LOT 5
BLOCK 162
CITY OF FORT COLLINS
RECEPTION NO. 1727 (1873)
BLOCK 151
CITY OF FORT COLLINS
RECEPTION NO. 1727 (1873)
LOT 13
OWNER: CITY OF FORT COLLINS
RECEPTION NO. 19940025798
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OWNER:
EAST LINCOLN PROPERTIES
RECEPTION NO. 20090074184
AND 20110015067
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85'N 89°55'41" W 100.00'
S 89°55'42" E
47.19'
9' UTILITY EASEMENT
DEDICATED BY THIS PLAT
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S 89°52'54" E 2630.69'
BASIS OF BEARINGS
NORTH LINE OF THE SW1/4 OF SECTION 12
CENTER 1/4 CORNER OF SECTION 12, T7N, R69W
FOUND 2.5" ALUMINUM CAP SET IN A MONUMENT BOX
MARKED "LS 31169 - 2020"
TIES MATCH THE 2020 MONUMENT RECORD
880.77'
WEST 1/4 CORNER OF SECTION 12, T7N, R69W
FOUND 2" ALUMINUM CAP SET IN CONCRETE
MARKED "LS 17497 - 2004"
TIES MATCH THE 2005 MONUMENT RECORD
1749.92'
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 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
HERR SUBDIVISION
VICINITY MAP
LEGEND
PUBLIC SURVEY MONUMENT AS DESCRIBED
1/2" REBAR 18" IN LENGTH WITH 1" PLASTIC MARKED "PLS 38692"
PLATTED LOT LINE
DEEDED PARCEL LINE
BOUNDARY LINE
PROPOSED EASEMENT LINE
FLOOD ZONE LINE
NOTES
- BEARINGS ARE BASED ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION
12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. TO HAVE THE ASSUMED
BEARING OF BETWEEN THE NORTHEAST CORNER OF LOT 60, BEING S89°52'54"E
BETWEEN THE WEST 1/4 CORNER OF SAID SECTION 12, BEING A FOUND 2"
ALUMINUM CAP SET IN CONCRETE MARKED "LS 17497 - 2004", AND THE CENTER 1/4
CORNER OF SAID SECTION 12, BEING A FOUND 2.5" ALUMINUM CAP SET IN A
MONUMENT BOX MARKED "LS 31169 - 2020".
- LINEAR UNITS AND DISTANCES ARE SHOWN IN US SURVEY FOOT.
- RESEARCH FOR THIS SUBDIVISION PLAT RELIED UPON THE TITLE COMMITMENT
POLICIES PROVIDED BY STEWART TITLE GUARANTY COMPANY, COMMITMENT NO.
3117524-04210, DATED AUGUST 28, 2024 AT 7:00AM.
- THIS PARCEL IS FOUND IN A ZONE X FLOOD HAZARD AREA PER THE FEMA FIRM
MAP NUMBER 08069C0979H. THE PARCEL IS LOCATED IN THE LOCAL CITY OF FORT
COLLINS HIGH FLOOD PLAIN AND THE LOCAL CITY OF FORT COLLINS HIGH
FLOODWAY IS IDENTIFIED ON THIS SURVEY.
- 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 RECORDED
PLAT OF THE CITY OF FORT COLLINS, RECORDED AT RECEPTION NO. 1727 (1983) OF
THE LARIMER COUNTY RECORDS.
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STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all persons by these presents, that the undersigned, being owner(s) of the following described land:
LOTS 15 AND 16, BLOCK 151 OF THE PLAT OF THE CITY OF FORT COLLINS
(WHICH ABOVE DESCRIBED TRACT CONTAINS 0.408 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 HERR
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)
________________________________________
Katherine Herr
STATE OF COLORADO )
) SS
COUNTY OF LARIMER )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF
____________________________, 20_____ BY: Katherine Herr
_________________________________________
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.
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 ON THIS DAY,
______________________________________________________ .
__________________________________________________________________
CITY ENGINEER
PLANNING APPROVAL:
BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES THE CITY OF
FORT COLLINS, COLORADO ON THIS DAY, ___________________________________________________.
___________________________________________________________________
DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES
BEING A REPLAT OF LOTS 15 AND 16 OF THE PLAT OF THE CITY OF FORT COLLINS
LIEN HOLDER: KEYBANK NATIONAL ASSOCIATION
________________________________________
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