HomeMy WebLinkAboutBLOCK 23 MORNINGSTAR - FDP200027 - SUBMITTAL DOCUMENTS - ROUND 1 - SUBDIVISION PLATNORTH COLLEGE AVENUE
W. MULBERRY ST.
MASON ST.
LAUREL ST.
RIVERSIDE AVENUE
CHERRY ST.
MAPLE ST.
DRAFT
11-04-20
PRELIMINARY - NOT FOR CONSTRUCTION,
RECORDING PURPOSES OR IMPLEMENTATION
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.
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.
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer of the City of Fort Collins, Colorado this ______day of _____________ A.D., 20_____.
FND 1 1/2" OPC
LS 17497
FND NAIL &
SHINER IN CURB
LS 17497
FND #4 REBAR
W/OPC, LS 34995
FND #4 REBAR
NO CAP
FND NAIL &
SHINER IN CURB
LS 17497
FND NAIL & SHINER
IN CONC., ILLEG.
30' RAILROAD EASEMENT
REC. No. 89053240
FND NAIL & BRASS
TAG "LS 31159"
FND #5 REBAR
W/ YELLOW PLASTIC
CAP "LS 22568"
FND #4 REBAR
W/ORANGE PLASTIC
CAP "RJL LS 25372"
FND #4 REBAR
W/ 1" PLASTIC CAP,
LS 14823
FND #4 REBAR
W/ 1" PLASTIC CAP,
LS 14823
FND #4 REBAR WITH
YELLOW PLASTIC CAP
LS 22568
CHERRY STREET
(ROW VARIES PER MAP OF THE TOWN OF FORT COLLINS
AND RECEPTION NO. 20040002331)
MASON STREET
(100' ROW PER MAP OF THE TOWN OF FORT COLLINS)
MAPLE STREET
(100' ROW PER MAP OF THE TOWN OF FORT COLLINS)
COLLEGE AVENUE
(ROW VARIES PER MAP OF THE TOWN OF FORT COLLINS
RECEPTION NOS. 20040002329, 87024049,
20050033812 AND 20040002331)
FORT COLLINS DISCOVERY MUSEUM
SUBDIVISION
CITY OF FORT COLLINS
CITY OF
FORT COLLINS
MASON
STREET
(51' ROW)
PENNY FLATS
SUBDIVISION
PENNY FLATS
SUBDIVISION
FIRST REPLAT
DOWNTOWN TRANSIT
CENTER SUBDIVISION
VACATED SPRUCE STREET
AND BLOCK 6
UNION PACIFIC RAILROAD
BLOCK 6
20' ALLEY (PER MAP OF THE
TOWN OF FORT COLLINS
N00°23'02"E 2657.01'
OLD TOWN FLATS
LOT 2
76,011 sq. ft.
1.745 ac.
LOT 1
38,085 sq. ft.
0.874 ac.
S89°42'19"E 180.36'
S44°41'08"E
14.12'
S00°23'31"W 389.68'
N89°48'47"W 190.09'
N00°21'12"E 400.03'
N89°44'52"W 190.22'
N00°18'53"E 200.21'
S89°42'19"E 190.36'
S00°21'12"W 200.07'
REC. NO. 20040002331
TO THE CITY OF
FORT COLLINS
S89°36'58"E
140.19'
S89°36'58"E
140.24'
750.22' 389.68'
1517.11'
EAST LINE OF THE NORTHEAST
QUARTER SECTION 11-T7N-R69W
N00°18'53"E
200.21'
S89°42'19"E
20.00'
N89°48'08"W
180.09'
S89°52'40"E
30.00'
249.85' 150.18'
WILLOW STREET
LOTS 16-21
BLOCK 22
UNION PACIFIC
RAILROAD
8' UTILITY EASEMENT
PER PLAT OF BLOCK 23
TO REMAIN
8' UTILITY EASEMENT
PER PLAT OF BLOCK 23
TO REMAIN
8' UTILITY EASEMENT
PER PLAT OF BLOCK 23
TO REMAIN
L1
L2
L3
L4
C1
L5
C2
L6
C3
L7
C4
L8
UTILITY EASEMENT
65.35'
L18
C5
L19
L20
DRAINAGE EASEMENT
PER REC. NO. 2004-0002334
TO BE VACATED BY THIS PLAT
ACCESS EASEMENT
PRE REC. NO. 2004-0081196
TO BE VACATED BY THIS PLAT
ACCESS, UTILITY &
DRAINAGE EASEMENT
PER REC. NO. 2004-0002333
TO BE VACATED BY THIS PLAT
UTILITY EASEMENT PER
REC. NO. 2004-0002332
TO REMAIN
UTILITY EASEMENT PER
REC. NO. 2003-0079930
DRAINAGE
EASEMENT
DRAINAGE
EASEMENT
BASIS OF BEARINGS
L11
L10
L9
EMERGENCY
ACCESS
EASEMENT
18.50'
107.12'
16.57' 67.66' 26.83'
140.01'
31.84'
44.95' 35.74'
82.80' 83.94'
NORTHEAST CORNER
SECTION 11-T7N-R69W
FND. 3" BRASS CAP
IN CONCRETE STAMPED
COLO HWY DEPT, ILLEGIBLE
IN MONUMENT BOX
EAST QUARTER CORNER
SECTION 11-T7N-R69W
FND. 2" ALUMINUM CAP
IN CONCRETE CURB
STAMPED LS 17497, 2004
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
L30
L31
LENGTH
3.50'
18.50'
3.50'
6.00'
6.26'
19.14'
3.73'
7.79'
24.50'
67.66'
24.50'
71.49'
72.05'
30.63'
2.39'
0.67'
10.00'
10.00'
10.00'
136.26'
38.23'
25.64'
28.35'
38.78'
190.26'
BEARING
N89° 59' 59"E
N00° 17' 45"E
S89° 59' 59"W
S89° 38' 48"E
N45° 21' 12"E
N00° 21' 12"E
N44° 38' 48"W
N89° 38' 48"W
S89° 38' 48"E
S00° 21' 12"W
N89° 38' 48"W
N18° 34' 28"E
S00° 21' 12"W
N89° 38' 48"W
N89° 38' 26"W
N00° 17' 41"E
S89° 46' 21"E
S00° 21' 12"W
N89° 46' 21"W
S89° 37' 17"E
N00° 22' 43"E
S89° 37' 42"E
S89° 37' 42"E
N00° 04' 36"W
N89° 44' 45"W
CURVE TABLE
CURVE
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
DELTA
45°00'00"
45°00'00"
45°00'00"
45°00'00"
14°15'53"
3°14'48"
4°26'12"
6°04'13"
9°32'18"
85°42'31"
15°40'53"
62°21'59"
RADIUS
18.00'
42.00'
42.00'
18.00'
315.29'
721.37'
691.25'
661.25'
691.37'
23.50'
35.00'
35.00'
LENGTH
14.14'
32.99'
32.99'
14.14'
78.50'
40.87'
53.53'
70.06'
115.10'
35.15'
9.58'
38.10'
BEARING
N22°51'12"E
N22°51'12"E
N22°08'48"W
N22°08'48"W
N23°23'13"E
S26°16'43"W
S30°11'07"W
S31°00'53"W
S23°09'36"W
N49°59'22"W
S07°55'03"E
S46°56'48"E
CHORD
13.78'
32.15'
32.15'
13.78'
78.29'
40.87'
53.51'
70.02'
114.96'
31.97'
9.55'
36.24'
2
SECTION 11, T7N, R69W
CITY OF FORT COLLINS, COLORADO
NORTH
LEGEND
PLATTED BOUNDARY LINE
EASEMENT LINE
LOT LINE
EXISTING RIGHT-OF-WAY
FOUND CORNER AS DESCRIBED
Robert C. Tessely
Registered Professional Land Surveyor
Colorado Registration No. 38470
For and on behalf of Northern Engineering Services, Inc.
PRELIMINARY
Sheet
Of 2 Sheets
BLOCK 23 - MORNINGSTAR NOTICE:
According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you discover such
defect. In no event may any action based upon any defect in this survey
be commenced more than ten years after the date of the certificate shown
hereon.
E NGINEER ING
N O R T H E RN
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
970.221.4158
northernengineering.com
BLOCK 23 - MORNINGSTAR
BEING A REPLAT OF THE PLAT OF BLOCK 23, CITY OF FORT COLLINS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
____________________________________________________
City Engineer
PLANNING APPROVAL
By the Director of Community Development and Neighborhood Services of the City of Fort Collins, Colorado this
_____ day of ___________ A.D., 20_____.
____________________________________________________
Director of Community Development and Neighborhood Services
OWNER: Preston Center 7, II, LLC
By: JDP, LLC, Manager
BY: _________________________________
Joseph D. Padilla, Manager
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by
Joseph D. Padilla as Manager of JDP, LLC, Manager of Preston Center 7, II, LLC.
Witness my hand and official seal
My commission expires: ________________
_______________________________
Notary Public
BLOCK 23 - MORNINGSTAR
BEING A REPLAT OF THE PLAT OF BLOCK 23, CITY OF FORT COLLINS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SURVEYOR NOTES:
1. Basis of Bearings is the East line of Lot 2, Block 23 as bearing South 00° 23' 31" West (assumed bearing) and monumented as shown.
2. For all information regarding easements, rights-of-way or Title of Record, Northern Engineering relied upon File Number
459-H0544682-081-KT6, Amendment No. 6, prepared by Heritage Title Company, dated October 27, 2020.
3. The lineal unit of measurement for this plat is U. S. Survey Feet.
4. For easements created by separate document and shown hereon, refer to recorded document for specific terms.
5. 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.
6. 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.
7. 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.
8. There are existing public utilities that appear to be located within the boundary of this plat. Easements that meet the Fort Collins Utilities
standard requirements will be required to be dedicated for new and existing utilities with the formal redevelopment of Lots 1 and 2 of Block 23.
9. Notes as requested by the City of Fort Collins and listed hereon are being required as a condition of approval by the City of Fort Collins. The
notes, as they appear hereon, were forwarded to Northern Engineering by the City of Fort Collins and shall not be construed as the act or
practice of land surveying as defined by the State of Colorado. These notes simply appear hereon at the direction of the City of Fort Collins.
10. A current tile commitment will be provided to the surveyor prior to finalizing the survey.
1
SECTION 11, T7N, R69W
CITY OF FORT COLLINS, COLORADO
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 the Northeast Quarter of Section 11, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State
of Colorado, and being more particularly described as follows:
Lots 1 and 2 of the Plat of Block 23, as recorded at Reception No. 20190056645 record of the Larimer County Clerk and Recorder,
containing 114,096 square feet or 2.619 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 BLOCK 23 - MORNINGSTAR (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.
SITE
NORTH VICINITY MAP
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.
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.
Sheet
Of 2 Sheets
BLOCK 23 - MORNINGSTAR NOTICE:
According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you discover such
defect. In no event may any action based upon any defect in this survey
be commenced more than ten years after the date of the certificate shown
hereon.
E NGINEER ING
N O R T H E RN
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
970.221.4158
northernengineering.com
OWNER/APPLICANT
Hazeldon/Morningstar Fort Collins LLC
300 North Mason Street
Fort Collins CO 80524
ENGINEER/SURVEYOR
Northern Engineering
301 North Howes Street
Suite 100
Fort Collins CO 80521
NOTES AT THE REQUEST OF THE CITY OF FORT COLLINS:
1. 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.
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 the Authorized Signing Agents signing this Subdivision Plat on behalf of the Owners
identified hereon are duly authorized signatories under the laws of the State of Colorado. This Certification is based solely upon my review of
Title Commitment File No. 459-H0544682-081-KT6, Amendment No. 6, dated October 27, 2020, prepared by Heritage Title Company (the
“Title Commitment”) and other information personally known to me and is limited to the fullest extent provided under Section 2.2.3(C)(3)(f)
of the Land Use Code.
Attorney: _____________________________________
Justin D. Pless
Address: 250 Fillmore Street, Suite 150
Denver, Colorado 80206
Registration No.: 39373
LIENHOLDER: Firstier Bank of Cheyenne
BY: ______________________________________
Tim Ostic, Market President
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by
Tim Ostic as Market President of Firstier Bank of Cheyenne.
Witness my hand and official seal
My commission expires: ________________
_______________________________
Notary Public