HomeMy WebLinkAboutMONTESSORI SUBDIVISION - BDR190017 - SUBMITTAL DOCUMENTS - ROUND 4 - SUBDIVISION PLATLEGEND
WEST HARMONY ROAD
(PUBLIC ROW)
SOUTH SHIELDS STREET
(PUBLIC ROW)
WESTBURY PUD 1ST
REC. NO. 94098087
LOT 16
LOT 15
LOT 14
LOT 13
LOT 12
TRACT B
∆
∆
∆
4626 SOUTH SHIELDS ST.
PARCEL NO. 9603100009
(UNPLATTED)
LOT 1
183,703 SQ. FT.
4.217 ACRES
ROW DEDICATED
BY THIS PLAT
3,331 SQ. FT.
0.077 ACRES
VICINITY MAP
SCALE: 1" = 1000'
MONTESSORI SUBDIVISION
Situate in the Northeast Quarter of Section 3, Township 6 North, Range 69 West of the 6th P.M.
City of Fort Collins, County of Larimer, State of Colorado
MAJESTIC SURVEYING, LLC 1111 DIAMOND VALLEY DRIVE #104, WINDSOR, CO 80550
PROJECT NO: 2019031
DATE: 10-11-2019
DRAWN BY: SIP
PROJECT NAME: MONTESSORI
FILE NAME: 2019031SUB
CLIENT: DCS
CHECKED BY: SIP SCALE: 1" = 30'
1
SHEET 1 OF 1
REVISIONS: 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 Northeast Quarter of Section Three (3), Township Six North (T.6N.), Range Sixty-nine West
(R.69W.) of the Sixth Principal Meridian (6th P.M.) being more particularly described as follows:
Beginning at the Northeast corner of Section 3, Township 6 North, Range 69 West of the 6th P.M.;
Thence West, along the North line of said Section, 500 feet;
Thence South 500 feet;
Thence East 500 feet to the East line of said Section;
Thence North along the East line of said Section, 500 feet to the Point of Beginning, County of Larimer, State of Colorado,
EXCEPT those parcels described as Parcels 2 and 2A in Stipulated Rule and Order recorded November 3, 2009 at Reception
No. 20090073915, Larimer County records, and except the Northerly and Easterly 30 feet for existing road right of way.
Said parcel contains 187,034 Square Feet or 4.294 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
and subdivided into lots, tracts and streets as shown on this Plat to be known as MONTESSORI SUBDIVISION (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 the Plat shall run with the land.
Fort Collins Montessori School Building Corporation, a Colorado nonprofit corporation
________________________________________________
BY: Frank Vincent AS: President
NOTARIAL CERTIFICATE
STATE OF COLORADO)
ss
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me by Frank Vincent as President of Fort Collins Montessori School
Building Corporation this _____ day of ___________, 2020.
Witness my Hand and Official Seal.
My commission expires: ________________.
SURVEYOR'S CERTIFICATE
I, Steven Parks, a Colorado Licensed 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.
Steven Parks - On Behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
BASIS OF BEARINGS AND LINEAL UNIT DEFINITION
Assuming the North line of the Northeast Quarter of Section 3, Township, 6 North, Range 69 West of the 6th P.M.,
monumented as shown on this drawing, as bearing North 89°58'46" East, a distance of 2639.39 feet and with all other
bearings contained herein relative thereto.
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot".
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. (13-80-105 C.R.S. 2012)
TITLE COMMITMENT NOTE
For all information regarding easements, rights-of-way and title of records, Majestic Surveying, LLC relied upon Title
Commitment Number CO-FSTG-IMP-27306-1-20-F0268830 dated December 12, 2019, as prepared by Fidelity
National Title Company to delineate the aforesaid information. This survey does not constitute a title search by
Majestic Surveying, LLC to determine 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, a permanent right-of-way for street purposes and the “Easements” as laid out and
shown on this Plat. The streets dedicated on this Plat are the fee property of the City as provided in Section 31-23-107 C.R.S.;
provided, however, that 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.
Further, Owner does hereby dedicate the “Easements” as laid out and designated on this Plat; provided,
however, that acceptance by the City of this dedication of the Easements does not impose upon the City a duty to maintain the
Easements so dedicated. 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.
LIENHOLDERS
UMB Bank, n.a. a national banking association as Trustee
By:_____________________________________ As:_____________________________________
Witness my hand and seal this ______ day of ___________, 2020.
NOTARIAL CERTIFICATE
STATE OF COLORADO)
ss
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me by ___________ as ___________ of UMB Bank, n.a. a national banking
association this _____ day of ___________, 2020.
Witness my Hand and Official Seal.
My commission expires: ________________.
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.
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 and Final Site Plan, 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.
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 it owns fee simple title to the property shown hereon and agrees that the City shall not be
liable to the Owner or its 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.
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:
Carleen T. Clark
Address: 2696 S. Colorado Boulevard, Suite 380
Denver, CO 80222
Registration No.: 20757
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer, City of Fort Collins, Colorado this _____ day of _____________________, 2020.
________________________________
City Engineer
PLANNING APPROVAL
By the Director of Community Development and Neighborhood Services the City of Fort Collins, Colorado this
_____ day of _____________________, 2020.
________________________________
City Engineer
Feet
0 30 60
EXISTING EASEMENTS NOTE
In the event that the geometry shown for existing easements on this plat conflicts with
the original dedicating instrument, the original document information shall supercede.
NOTE
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.
REDLINES 2-18-20
LIENHOLDERS
Tortoise Credit Strategies, LLC, a Delaware limited liability company
By:_____________________________________ As:_____________________________________
Witness my hand and seal this ______ day of ___________, 2020.
NOTARIAL CERTIFICATE
STATE OF COLORADO)
ss
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me by ___________ as ___________of Tortoise Credit
Strategies, LLC this _____ day of ___________, 2020.
Witness my Hand and Official Seal.
My commission expires: ________________.
REDLINES 3-18-20