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HomeMy WebLinkAboutPOWERHOUSE 2 - PDP220006 - SUBMITTAL DOCUMENTS - ROUND 2 - SUBDIVISION PLATE. VINE DRIVEN. COLLEGE AVENUECHERRY STREET CAC H E L A P O U D R E R I V E R Sheet Of 2 SheetsPOWERHOUSE IINOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.ENGINEERNGIEHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.com1 CITY OF FORT COLLINS STATE OF COLORADOSURVEYOR NOTES: 1) The Basis of Bearings is the West line line of the Southwest Quarter of Section 1-7-69 as bearing South 00° 38' 34" West (assumed bearing) and monumented as shown on drawing. 2) For all information regarding easements, right-of-way or title of record, Northern Engineering relied upon Property Information Binder PIB25196049.16680818, dated February 15, 2022; Property Information Binder PIB25196050.16683091, dated February 15, 2022; and Property Information Binder PIB25196055.16685894, dated February 15, 2022, all prepared by Land Title Guarantee Company. 3) The lineal unit of measurement for this plat is U.S. Survey Feet. 4) 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. 5) 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. 6) Not all documents listed in the title commitment are plottable or definable by their terms. All easements that are definable by their descriptions are shown hereon with sufficient data to establish their position. Owner, Client and others should 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. 7) For easements created by separate document and shown hereon refer to record document for specific terms. 8) Easements and other record documents shown or noted hereon were examined as to location and purpose and were not examined as to restrictions, exclusions, conditions, obligations, terms, or as to the right to grant the same. 9) Adjacent property owner information per the Larimer County Land information Locator. 10) Per CRS 38-51-105 (3)(a), (3)(b), (4)(b), (4)(c), & 5, the Developer/Owner of the subdivision plat has the requirement of providing monumentation of the interior corners created by this platting procedure within one year of the effective date of a sales contract. The Surveyor of record of said subdivision plat has only the required responsibility of providing for the on the ground monumentation of the external boundary of the subdivision plat. 11) The word “certify” or “certification” as shown and used hereon is an expression of professional opinion regarding the facts of the survey, and does not constitute a warranty or guaranty, expressed or implied. DORA Bylaws and Rules (4 CCR 730 1.6.B.2). 12) The Professional opinion of the Surveyor is not a determination of law, nor a matter of fact. 13) The adjoining rights of way are depicted hereon for reference only and as requested by the City of Fort Collins. Those areas depicted outside of the subject property boundary are for reference purposes only and have not been verified by this survey. 14) This survey is a draft only. Monuments have not been set or upgraded. Monuments will be set and or upgraded prior to plat finalizing and recording. This note will be removed upon finalizing the survey. 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. OWNER: POWERHOUSE II, LLC, a Colorado limited liability company BY: BOCO Holdings, LLC a Colorado limited liability company, its sole member BY:__________________________ Joseph C. Zimlich, Manager STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by ____________________________ as ________________________ of _______________________________. Witness my hand and official seal My commission expires: ________________ _______________________________ Notary Public STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all persons by these presents, that the undersigned owner(s) of the following described land: PARCEL 1: LOT 2 AND THE NORTH 40 FEET OF LOT 3, BRUSH MOBILE HOME PUD, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO PARCEL 2: A PORTION OF LOT 3, BRUSH MOBILE HOME PUD, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE SOUTHWEST OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., AS BEARING SOUTH 00°00'00" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT A POINT 150.00 FEET EAST FROM THE SOUTHWEST CORNER OF SAID SECTION, SAID POINT BEING ON THE SOUTH LINE OF SAID SECTION; THENCE CONTINUING ON SAID LINE SOUTH 89°59'51" EAST A DISTANCE OF 80.00 FEET; THENCE NORTH 00°00'00" EAST A DISTANCE OF 211.00 FEET; THENCE NORTH 89°59'51" WEST A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°00'00” WEST A DISTANCE OF 211.00 FEET TO THE SOUTH LINE OF SAID SECTION AND THE TRUE POINT OF BEGINNING, EXCEPT THE NORTH 40 FEET THEREOF, ALSO EXCEPT THE SOUTH 50 FEET THEREOF, BEING A RIGHT-OF-WAY FOR VINE DRIVE. PARCEL 3: CONSIDERING THE WEST LINE OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, AS BEARING NORTH AND SOUTH AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGIN AT A POINT WHICH BEARS N 89° 59' E, 230.0 FEET AND AGAIN NORTH 25 FEET FROM THE SW CORNER OF SAID SECTION 1; THENCE N 350.15 FEET TO A POINT ON THE SOUTH BANK OF LAKE CANAL; THEN ALONG THE SOUTH BANK OF SAID CANAL AS FOLLOWS: S 77° 32' E, 167.76, AND AGAIN S 81° 05' E, 152.13 FEET AND AGAIN S 83° 38' E, 319.90 FEET; THEN LEAVING SAID CANAL, SOUTH 254.68 FEET TO THE NORTH RIGHT OF WAY OF COUNTY ROAD; THEN S 89° 59' W, 632.03 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED BY DEED RECORDED APRIL 3, 2000 AT RECEPTION NO. 20000020957 Being more particularly described as follows: TBD Said described tract contains 216,623 square feet or 4.973 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 POWERHOUSE II (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. 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. 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. 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. 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: _____________________________________ Nicholas J. Anderson Esq. Address: _____________________________________ Registration No.: __________________________________ APPROVED AS TO FORM, CITY ENGINEER By the City Engineer of the City of Fort Collins, Colorado this ______day of _____________ A.D., 20_____. ____________________________________________________ City Engineer DIRECTOR OF COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES APPROVAL By the Director of Community Development and Neighborhood Services the City of Fort Collins, Colorado this _____ day of ___________ A.D., 20_____. ____________________________________________________ Director of Community Development and Neighborhood Services NOTES AT THE REQUEST OF THE CITY OF FORT COLLINS: 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 as a directive of the City of Fort Collins. ·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. ·FLOOD ZONE DESIGNATION: According to FIRM Panel 08069C0977G for Larimer County, effective date 6/17/2008, this tract lies within a FEMA designated area of Special Flood Hazard (Zone AE) and Area with Reduced Flood Risk Due to Levee (Zone X). ·Subject property zoning: D - Downtown District; Zoning information per the City of Fort Collins GIS FCMaps Zoning Portal. Roger Sherman BHA Design Incorporated 1603 Oakridge Drive, Suite 100 Fort Collins, Colorado 80525 (970)223-7577 Colorado State University Bryan Willson Executive Director, CSU Energy Institute 450 N College Ave. Fort Collins, CO 80524 (970)227-5164 Northern Engineering Services, Inc. Shane Ritchie, PE 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 PLANNER/ LANDSCAPE ARCHITECT OWNER/APPLICANT SITE ENGINEER Northern Engineering Services, Inc. Bob Tessely, PLS 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 SITE SURVEYOR VICINITY MAP NORTH SITE DRAFT 6-29-22 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N POWERHOUSE II BEING A REPLAT OF LOTS 2 AND 3, BRUSH MOBILE HOME P.U.D. AND A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO OWNER: POWERHOUSE 2 DEVELOPMENT COMPANY, LLC, a Colorado limited liability company BY:__________________________ Michael A. Freeman, Manager STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by Michael A. Freeman as Manager of POWERHOUSE 2 DEVELOPMENT COMPANY, LLC, a Colorado limited liability company. Witness my hand and official seal My commission expires: ________________ _______________________________ Notary Public FND #4 REBAR NO CAP FND #4 REBAR NO CAP FND #4 REBAR W/YPC, LS 38106 FND #4 REBAR W/YPC, ILLEG. 10' UTILITY EASEMENT PER BRUSH MOBILE HOME P.U.D. UTILITY EASEMENT REC. NO. 88019079 30' CANAL MAINTENANCE EASEMENT PER BRUSH MOBILE HOME P.U.D. GAS LINE EASEMENT PER REC. NO. 85028305 30' UTILITY & DRAINAGE EASEMENT PER PLAT OF OLD TOWN NORTH 10' UTILITY EASEMENT PER BRUSH MOBILE HOME P.U.D. LAKE C A N A L 100-YEAR FLOODPLAIN (ZONE AE) LOT 1, BLOCK 1 WILL SUBDIVISION OLD TOWN NORTHTRACT IIILOT 1 206,179 sq. ft. 4.733 ac. 50' ROW 60' ROW LAK E C A N A L LOT 1 POUDRE RIVER WHITEWATER PARK(M) N00°38'43"EBASIS OF BEARINGSWEST LINE OF BRUSHMOBILE HOME P.U.D.(R) N00°00'00"W(R) S00°00'00"E 330.00'(R) S89°59'51"E 170.00' (R) S77 ° 3 2 ' E 1 6 7 . 7 6 ' (R) S83°38'E 3 1 9 . 9 0 '(R) SOUTH 254.68'(R) S81°0 5 ' E 1 5 2 . 1 3 ' 40' ROWCORRECTED PLAT OF GRIFFIN ADDITIONOWNER: BOWL FORT COLLINS LLCZONED: CCR - COMMUNITY COMMERCIALPOUDRE RIVER DISTRICTZONED: DD - DOWNTOWN DISTRICT ZONED: DD - DOWNTOWN DISTRICT UNPLATTED OWNER: UPHAM FREDERICK M UNPLATTED OWNER: KUNDRA TODD J ZONED: DD - DOWNTOWN DISTRICT UNPLATTED OWNER: ROCKY MOUNTAIN INNOVATION INITIATIVE INC ZONED: CS - SERVICE COMMERCIAL DISTRICT JEROME STREET(76' PUBLIC ROWPER OLD TOWN NORTH)EAST VINE DRIVE (PUBLIC ROW VARIES PER POUDRE RIVER WHITEWATER PARK)NORTH COLLEGE AVENUE(PUBLIC ROW VARIESPER GRIFFIN ADDITION ANDBRUSH MOBILE HOME P.U.D)ZONED: DD - DOWNTOWN DISTRICT LOT 1, BRUSH MOBILE HOME P.U.D. S89°21'08"E 89.96'N00°38'43"E61.04'S89°19'26"E 80.06' S00°33'44"W 30.00' (M) S7 6 ° 5 9 ' 0 4 " E 1 6 7 . 5 4 ' (M) S80° 2 3 ' 5 7 " E 1 5 2 . 2 8 ' (M) S82°58'1 4 " E 2 5 3 . 6 6 ' S83°06'21"E 46.11'(M) S00°39'51"W 231.93'N89°22'52"W 611.80' N00°07'44"E 25.11' (M) N89°22'15"W 170.00'(M) N00°39'13"E 268.98'S50°49'49" W 78.11'S00°37'39"W 24.90' N89°21'26"W 60.05' 24.9' S89°22'21"E 2646.28' 35.0' 24' EMERGENCY ACCESS EASEMENT 24' EMERGENCY ACCESS EASEMENT 24' EMERGENCY ACCESS EASEMENT 15' UTILITY EASEMENT LAKE CANAL COMPANY EASEMENT PER PLAT OF OLD TOWN NORTH LAKE CANAL EASEMENT PER PLAT OF OLD TOWN NORTH ZONED: CCN - COMMUNITY COMMERCIAL NORTH COLLEGE DISTRICT TRACT JJJ OLD TOWN NORTH UNPLATTED OWNER: MORAK KAREN LLC ZONED: DD - DOWNTOWN DISTRICT SOUTHWEST CORNER SECTION 1-7-69 FND 31 4" BRASS CAP ON #6 REBAR IN MONUMENT BOX COLO. DEPT. OF HWYS. CITY OF FORT COLLINS TRAIL EASEMENT & UTILITY EASEMENT LAKE CANAL EASEMENT 24.9' 46.5' S89°22'21"E 611.96'17.02'17.12'7.99'214.91'15' UTILITY EASEMENT ADDITIONAL PUBLIC ROW DEDICATED BY THIS PLAT (WIDTH VARIES) 50' ROW ACCESS EASEMENT ACCESS EASEMENT ACCESS EASEMENT ACCESS EASEMENT SOUTH 1 4 CORNER SECTION 1-7-69 FND BRASS CAP ON #6 REBAR (ILLEGIBLE) WEST 1 4 CORNER SECTION 1-7-69 FND 21 2" ALUMINUM CAP ON #6 REBAR IN MONUMENT BOX PLS 31169 Sheet Of 2 SheetsPOWERHOUSE IINOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.ENGINEERNGIEHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.com2 CITY OF FORT COLLINS STATE OF COLORADOFor and on behalf of Northern Engineering Services, Inc. Robert C. Tessely Colorado Registered Professional Land Surveyor No. 38470 PRELIMINARY NORTH SET 18" #4 REBAR w/1" BLUE PLASTIC CAP, PLS 38470 LEGEND BOUNDARY LINE EXISTING RIGHT-OF-WAY PROPOSED EASEMENT LINE LOT LINE FOUND PROPERTY CORNER AS DESCRIBED SECTION LINE FOUND SECTION CORNER AS DESCRIBED UTILITY EASEMENTUE EXISTING EASEMENT LINE FLOODPLAIN LINE RIGHT-OF-WAYROW DRAFT 6-29-22 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N POWERHOUSE II BEING A REPLAT OF LOTS 2 AND 3, BRUSH MOBILE HOME P.U.D. AND A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO