HomeMy WebLinkAboutBLOCK 23 MORNINGSTAR - FDP200027 - - SUBDIVISION PLATNORTH COLLEGE AVENUEW. MULBERRY ST.MASON ST.LAUREL ST.RIVERSIDE AVENUECHERRY ST.MAPLE ST. DRAFT12-16-20PRELIMINARY - NOT FOR CONSTRUCTION,RECORDING PURPOSES OR IMPLEMENTATIONMAINTENANCE 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 theCity of the improvements warranted hereunder, the full and complete maintenance and repair of the improvements to be constructed inconnection with the Development which is the subject of this Plat. This warranty and guarantee is made in accordance with the City LandUse Code and/or the Transitional Land Use Regulations, as applicable. This guarantee applies to the streets and all other appurtenantstructures 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 onutilities 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 becorrected and repaired, all damages to said improvements resulting from development-related or building-related activities. In the event theOwner fails to correct any damages within thirty (30) days after written notice thereof, then said damages may be corrected by the City andall 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. Anydamages which occurred prior to the end of said two (2) year period and which are unrepaired at the termination of said period shall remainthe 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 harmlessfor a five (5) year period, commencing upon the date of completion and first acceptance by the City of the improvements to be constructedin connection with the development which is the subject of this Plat, from any and all claims, damages, or demands arising on account ofthe design and construction of public improvements of the property shown herein; and the Owner furthermore commits to make necessaryrepairs 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/orconstruction defects. This agreement to hold the City harmless includes defects in materials and workmanship, as well as defects caused byor 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 theOwner or his/her successors in interest during the warranty period, for any claim of damages resulting from negligence in exercisingengineering techniques and due caution in the construction of cross drains, drives, structures or buildings, the changing of courses ofstreams and rivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Any and all monetaryliability occurring under this paragraph shall be the liability of the Owner. I further warrant that I have the right to convey said landaccording to this Plat.SURVEYOR'S STATEMENTI, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby state that this Subdivision Plat was prepared from an actualsurvey under my personal supervision, that the monumentation as indicated hereon were found or set as shown, and that the foregoing plat isan accurate representation thereof, all this to the best of my knowledge, information and belief.For and on Behalf of Northern EngineeringRobert C. TesselyColorado Registered ProfessionalLand Surveyor No. 38470NOTICEALL RESPONSIBILITIES AND COSTS OF OPERATION, MAINTENANCE ANDRECONSTRUCTION OF THE PRIVATE STREETS AND/OR DRIVES LOCATED ON THEPRIVATE PROPERTY THAT IS THE SUBJECT OF THIS PLAT SHALL BE BORNE BY THEOWNERS OF SAID PROPERTY, EITHER INDIVIDUALLY, OR COLLECTIVELY, THROUGH APROPERTY OWNERS' ASSOCIATION, IF APPLICABLE. THE CITY OF FORT COLLINS SHALLHAVE NO OBLIGATION OF OPERATION, MAINTENANCE OR RECONSTRUCTION OF SUCHPRIVATE STREETS AND/OR DRIVES NOR SHALL THE CITY HAVE ANY OBLIGATION TOACCEPT SUCH STREETS AND/OR DRIVES AS PUBLIC STREETS OR DRIVES.APPROVED AS TO FORM, CITY ENGINEERBy the City Engineer of the City of Fort Collins, Colorado this ______day of _____________ A.D., 20_____.____________________________________________________City EngineerPLANNING APPROVALBy 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 ServicesOWNER: Preston Center 7, II, LLC By: JDP, LLC, Manager BY: _________________________________ Joseph D. Padilla, ManagerSTATE OF COLORADO ) )ss.COUNTY OF LARIMER )The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, byJoseph D. Padilla as Manager of JDP, LLC, Manager of Preston Center 7, II, LLC.Witness my hand and official sealMy commission expires: _______________________________________________Notary PublicBLOCK 23 - MORNINGSTARBEING 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 COLORADOSURVEYOR 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 Number459-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, andrecommends the owner retain an expert to address these matters. Northern Engineering or the Professional Land Surveyor listed heron assumesno 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 theiruse 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 Utilitiesstandard 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. Thenotes, as they appear hereon, were forwarded to Northern Engineering by the City of Fort Collins and shall not be construed as the act orpractice 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.1SECTION 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, Stateof 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 andstreets 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 orexisting or indicated on this Plat. The rights and obligations of this Plat shall run with the land.SITEVICINITY MAPNORTHNOTICE OF OTHER DOCUMENTS:All persons take notice that the Owner has executed certain documents pertaining to this Development which create certainrights 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 onfile in the office of the clerk of the City and should be closely examined by all persons interested in purchasing any portion ofthe 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 permanentright-of-way for street purposes and the “Easements” as laid out and designated on this Plat; provided, however, that (1) acceptance by the City ofthis dedication of Easements does not impose upon the City a duty to maintain the Easements so dedicated, and (2) acceptance by the City of thisdedication of streets does not impose upon the City a duty to maintain streets so dedicated until such time as the provisions of the MaintenanceGuarantee 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. TheCity's rights under the Easements include the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easementspublic improvements consistent with the intended purpose of the Easements; the right to install, maintain and use gates in any fences that cross theEasements; the right to mark the location of the Easements with suitable markers; and the right to permit other public utilities to exercise thesesame 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 byacceptance of this dedication, the City does not accept the duty of maintenance of the Easements, or of improvements in the Easements that are notowned by the City. Owner will maintain the surface of the Easements in a sanitary condition in compliance with any applicable weed, nuisance orother legal requirements.Except as expressly permitted in an approved plan of development or other written agreement with the City, Owner will not install on theEasements, or permit the installation on the Easements, of any building, structure, improvement, fence, retaining wall, sidewalk, tree or otherlandscaping (other than usual and customary grasses and other ground cover). In the event such obstacles are installed in the Easements, the Cityhas the right to require the Owner to remove such obstacles from the Easements. If Owner does not remove such obstacles, the City may removesuch obstacles without any liability or obligation for repair and replacement thereof, and charge the Owner the City's costs for such removal. If theCity 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 areattached.The rights granted to the City by this Plat inure to the benefit of the City's agents, licensees, permittees and assigns.SheetOf 2 SheetsBLOCK 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 N G I N E E R N GI
EHTRON R N
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
970.221.4158
northernengineering.com OWNER/APPLICANTHaselden/Morningstar Fort Collins LLC300 North Mason StreetFort Collins CO 80524ENGINEER/SURVEYORNorthern Engineering301 North Howes StreetSuite 100Fort Collins CO 80521NOTES 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 orlandscaping that are allowed by Sections 12-120 - 12-122 of the City code.ATTORNEY'S CERTIFICATIONI 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 theLand Use Code of the City of Fort Collins and that the Authorized Signing Agents signing this Subdivision Plat on behalf of the Ownersidentified hereon are duly authorized signatories under the laws of the State of Colorado. This Certification is based solely upon my review ofTitle 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. PlessAddress: 250 Fillmore Street, Suite 150Denver, Colorado 80206Registration No.: 39373LIENHOLDER: Firstier Bank of Cheyenne BY: ______________________________________ Tim Ostic, Market PresidentSTATE OF COLORADO ) )ss.COUNTY OF LARIMER )The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, byTim Ostic as Market President of Firstier Bank of Cheyenne.Witness my hand and official sealMy commission expires: _______________________________________________Notary Public
FND 1 1/2" OPCLS 17497FND NAIL &SHINER IN CURBLS 17497FND #4 REBARW/OPC, LS 34995FND #4 REBARNO CAPFND NAIL &SHINER IN CURBLS 17497FND NAIL & SHINERIN CONC., ILLEG.30' RAILROAD EASEMENTREC. No. 89053240FND NAIL & BRASSTAG "LS 31159"FND #5 REBARW/ YELLOW PLASTICCAP "LS 22568"FND #4 REBARW/ORANGE PLASTICCAP "RJL LS 25372"FND #4 REBARW/ 1" PLASTIC CAP,LS 14823FND #4 REBARW/ 1" PLASTIC CAP,LS 14823FND #4 REBAR WITHYELLOW PLASTIC CAPLS 22568CHERRY STREET(ROW VARIES PER MAP OF THE TOWN OF FORT COLLINSAND 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 MUSEUMSUBDIVISIONCITY OF FORT COLLINSCITY OFFORT COLLINSMASONSTREET(51' ROW)PENNY FLATSSUBDIVISIONPENNY FLATSSUBDIVISIONFIRST REPLATDOWNTOWN TRANSITCENTER SUBDIVISIONVACATED SPRUCE STREETAND BLOCK 6UNION PACIFIC RAILROADBLOCK 620' ALLEY (PER MAP OF THE
TOWN OF FORT COLLINS
N00°23'02"E 2657.01'OLD TOWN FLATSLOT 276,011 sq. ft.1.745 ac.LOT 138,085 sq. ft.0.874 ac.S89°42'19"E 180.36'S44°41'08"E14.12'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. 20040002331TO THE CITY OFFORT COLLINSS89°36'58"E140.19'S89°36'58"E140.24'750.22'389.68'1517.11'EAST LINE OF THE NORTHEASTQUARTER SECTION 11-T7N-R69WN00°18'53"E200.21'S89°42'19"E20.00'N89°48'08"W180.09'S89°52'40"E30.00'249.85'150.18'WILLOW STREETLOTS 16-21BLOCK 22UNION PACIFICRAILROAD8' UTILITY EASEMENTPER PLAT OF BLOCK 23TO REMAIN8' UTILITY EASEMENTPER PLAT OF BLOCK 23TO REMAIN8' UTILITY EASEMENTPER PLAT OF BLOCK 23TO REMAINL1L2L3L4C1L5C2L6C3L7C4L8UTILITY EASEMENT65.35'
L18 C5L19L20
DRAINAGE EASEMENTPER REC. NO. 2004-0002334TO BE VACATED BY THIS PLATACCESS EASEMENTPRE REC. NO. 2004-0081196TO BE VACATED BY THIS PLATACCESS, UTILITY &DRAINAGE EASEMENTPER REC. NO. 2004-0002333TO BE VACATED BY THIS PLATUTILITY EASEMENT PERREC. NO. 2004-0002332TO REMAINUTILITY EASEMENT PERREC. NO. 2003-0079930DRAINAGEEASEMENTDRAINAGEEASEMENTBASIS OF BEARINGSL11 L10L9EMERGENCYACCESSEASEMENT18.50'107.12'26.83'67.66'16.57'140.01'31.84'35.74'44.95'83.94'82.80'13' ACCESS EASEMENTACCESSEASEMENT9' ACCESS EASEMENTL12
C13L13C14L14C15L15C16L161.0'NORTHEAST CORNERSECTION 11-T7N-R69WFND. 3" BRASS CAPIN CONCRETE STAMPEDCOLO HWY DEPT, ILLEGIBLEIN MONUMENT BOXEAST QUARTER CORNERSECTION 11-T7N-R69WFND. 2" ALUMINUM CAPIN CONCRETE CURBSTAMPED LS 17497, 2004LINE TABLELINEL1L2L3L4L5L6L7L8L9L10L11L12L13L14L15L16L18L19L20L21L22L23L24L25L26L27L28L29L30L31LENGTH3.50'18.50'3.50'6.00'6.26'19.14'3.73'7.79'24.50'67.66'24.50'108.34'2.02'19.14'7.67'180.83'71.49'72.05'30.63'2.39'0.67'10.00'10.00'10.00'136.26'38.23'25.64'28.35'38.78'190.26'BEARINGN89° 59' 59"EN00° 17' 45"ES89° 59' 59"WS89° 38' 48"EN45° 21' 12"EN00° 21' 12"EN44° 38' 48"WN89° 38' 48"WS89° 38' 48"ES00° 21' 12"WN89° 38' 48"WS00° 21' 12"WS44° 38' 48"ES00° 21' 12"WS45° 21' 12"WS00° 21' 12"WN18° 34' 28"ES00° 21' 12"WN89° 38' 48"WN89° 38' 26"WN00° 17' 41"ES89° 46' 21"ES00° 21' 12"WN89° 46' 21"WS89° 37' 17"EN00° 22' 43"ES89° 37' 42"ES89° 37' 42"EN00° 04' 36"WN89° 44' 45"WCURVE TABLECURVEC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16DELTA45°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"45°00'00"45°00'00"45°00'00"45°00'00"RADIUS18.00'42.00'42.00'18.00'315.29'721.37'691.25'661.25'691.37'23.50'35.00'35.00'14.00'46.00'46.00'14.00'LENGTH14.14'32.99'32.99'14.14'78.50'40.87'53.53'70.06'115.10'35.15'9.58'38.10'11.00'36.13'36.13'11.00'BEARINGN22°51'12"EN22°51'12"EN22°08'48"WN22°08'48"WN23°23'13"ES26°16'43"WS30°11'07"WS31°00'53"WS23°09'36"WN49°59'22"WS07°55'03"ES46°56'48"ES22°08'48"ES22°08'48"ES22°51'12"WS22°51'12"WCHORD13.78'32.15'32.15'13.78'78.29'40.87'53.51'70.02'114.96'31.97'9.55'36.24'10.72'35.21'35.21'10.72'2SECTION 11, T7N, R69W
CITY OF FORT COLLINS, COLORADONORTHLEGENDPLATTED BOUNDARY LINEEASEMENT LINELOT LINEEXISTING RIGHT-OF-WAYFOUND CORNER AS DESCRIBEDRobert C. TesselyRegistered Professional Land SurveyorColorado Registration No. 38470For and on behalf of Northern Engineering Services, Inc.PRELIMINARYSheetOf 2 SheetsBLOCK 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 N G I N E E R N GI
EHTRON R N
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
970.221.4158
northernengineering.com BLOCK 23 - MORNINGSTARBEING 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