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Home My WebLink AboutPENNY FLATS REPLAT - Filed S-SUBDIVISION PLAT - 2010-11-10o �- r— Pff- FI A TS SUBDIVISION 210.10' NORTHWEST BLOCK CORNER FIRsrjWPr -FOUND #5 REBAR WITH YELLOW PLASTIC CAP LS 22568 Lot 1, Penny Flats Subdivision 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 ATTORNEY'S CERTIFICATION. STATEMENT OF OWNERSHIP AND SUBDIVISION: I hereby certify that this Subdivision Plat has been duly executed as required pursuant to Section Know all men by these presents, that the undersigned, being owners of the following described land: 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 A tract of land located in Section Eleven (11), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of signatories under the laws of the State of Colorado. This Certification is based upon the records of the Sixth Principal Meridian (6th P.M.), and more particularly described as follows: the Clerk and Recorder of Lorimer 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 Lot 1, Penny Flats Subdivision recorded January 30, 2007 as Reception No. 2007007427 of the Records of Lorimer _ _ 2.23(C)(3)(f) of the Land Use Code. 7', a:.->;�'. ,-, , *�-^ ', .. - "� �. -•''- ''' `-'''- Jl:i' - • 4a,r. County. ., r „ ,-. r . '�� • I r L I r r- �.;, • �'r 1 - - . . . (which above described tract contains 0.873 acres, more or less) _ Attorney: �, , ,p ., r ; '� 4a'S y have caused the above described land to be surveyed and subdivided into lots, tracts and streets as shown on this Address: _ •�e•r t -" ' plat to be known as Penny Flats Subdivision First Replat, subject to all easements and rights -of -way now of record `. .,�, - ' "•r r or existing or indicated on this plat. Registration No.: r RTIFICATE OF DEDICATI The Owners do herebydedicate and convey to the City Of Fort olorado for public use forever, the streets Y Y Collins,� and 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. MAINTENANCE GUARANTEE: The Owners hereby warrant and guarantee to the City Of Fort Collins, for a period of two (2) years from the date of completion and first acceptance b the city of the improvements warranted hereunder, the full and complete P P Y Y P P maintenance and repair of the improvements constructed under the authority of this Plat. This warranty and guarantee is made in accordance with the City Of Fort Collins Land Use Code and or the Transitional Land Use 9 Y / 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 Owners 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 Owners 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 Owners fail 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 undersigned. 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 Owners. REPAIR GUARANTEE: In consideration of the approval of this final plat and other valuable consideration, the Owners do hereby agree to hold the City Of Fort Collins, Colorado, harmless for a five (5) year period, commencing upon the date of completion and first acceptance by the city of the improvements constructed under the authority 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 Owners warrant that he/she owns fee simple title to the property shown hereon and agrees that the City Of Fort Collins shall not be liable to the undersigned or nis/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 Owners. I further warrant that I have the right to convey said land according to this Plat. The obligations of the Owners pursuant to the "Maintenance Guarantee" and "Repair Guarantee" provisions set forth above may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a Letter of Acceptance of the warranted improvements is received from the city by, such other person or entity. NOTICE OF OTHER DOCUMENTS All persons take notice that the Developer and/or Owners have executed certain documents pertaining to this Development which create certain rights and obligations of the Development, the Developer and/or subsequent Owners of all or portions of the Development site many of which obligations constitute promises and covenants which 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 Of Fort Collins and should be closely examined by all persons interested in purchasing any portion of the Development site. NN_" As to that portion of Lot 1, Penny Flats Subdivision, recorded January 30, 2007 as Reception No. 2007007427 of the Records of Lorimer County and being designated herein as Lot 1, Penny Flats Subdivision First Replat, which 4and has been annexed to the Penny Flats Condominium Owners Association By NOTARIAL CERTIFICAT STATE OF COLORADO) COUNTY OF BOULDER) ss. The foregoing instrument was acknowledged before me this by 14.1 A , �1 as President of Penny Flats Condo My commission expires Ul?"1IAr11 Aild Notary I As to the remainder of Lot 1, Penny Flats Subdivision, re 2007007427 of the Records of Lorimer County and being Flats Subdivision First Replat. By. NOTARIAL CERTIFICATE STATE OF COLORADO) COUNTY OF BOULDER) ss. The foregoing instrument was acknowledged before me by John Koval as Manager of Penny Flats, LLC, a Col( 1 � My commission expires PUBLIC O CSE... f cot. ;4%11EY G,q" n -1 **- Jurfe, 2010, ;felon. Inc. as Reception No. 1A and Lot 1B, Penny Ct-1�P#;R Jw0e, 2010. APPROVED AS TO FORM, CITY ENGINEER n� By the City En ineer of the City of Fort Collins, Collins, Colorado this day of r A.D., 20_SL. City Engineer PLANNING APPROVAL By the Director of Planning the City of Fort Collins, Colorado this��day of Director of Planning it Clerk TITLE COMMITMENT NOTE This survey does not constitute a title search by King Surveyors Inc. to determine ownership or easements of record. For all information regarding easements, rights -of -way and title of records, King Surveyors Inc. relied upon Title Policy Number 1469686, dated February 10, 2010 at 7:30 a,m., and Title Policy Number 1471601, dated April 28, 2010 at 7:30 a,m. as both prepared by Chicago Title Insurance Company to delineate the aforesaid information. NOTE 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, SOUTHWEST BLOCK CORNER may any action based upon any defect in this survey be commenced more than ten FOUND #4 REBAR W/ RPC years after the date of the certificate shown hereon. (13-80-105 C.R.S.) LS 17662 N89'57'55"W 209.90' BASIS OF BEARINGS AND LINEAL UNIT DEFINITION Assuming the East line of the Penny Flats Subdivision as bearing South 00'02"12" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 400.39 feet with all other bearings contained herein relative thereto. The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." FLOODPLAIN NOTE Entire property is in flood zone Y, "areas determined to be outside the 0.2% annual chance of floodplain" per City of Fort Collins website fcgov.com and per FEMA flood map 08069CO979F revised December 19, 2006. For further information, call City of Fort Collins Utilities, phone (970) 221-6700. SURVEYOR'S STATEMENT I, Steven A. Lund, 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 repress tation thereof, all this to the best of my knowledge, information and belief. O�POO RE(31 34995 ; tJ• �•� ' � Zo l O 9. Steven A. Lu AL g� f King Surveyors Inc. Colorado Reg iste ssional Land Surveyor #34995 LIEN HOLDER'S \ APPROVAL By: As: NOTARIAL CERTIFICATE STATE OF COLORADO) COUNTY OF ) ss The foregoing instrument was acknowledged before me th by - as tcc-'T� Colorado, a national banking association. A My commission expires ` ' •h Notary day of Jane, 2010, t"1115 GA (Iluiuuu�pf'' . PF 4yst National Bank of 3j NOTA� .VI IC 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. S89'59'01 "E z 0 0 0 0 4i N CHERRYSTREET 190.10' NORTHEAST BLOCK CORNER I FOUND #5 REBAR WITH YELLOW PLASTIC CAP LS 22568 LOT2 >O'PA,O&UE PENNYFLATSSUBDIVISION (SEE PLAN ZONING.' DOWNTOWNDISTRICT N07F V S89058'29"E I 190.00' N N O o N - N ' o 0 N f 96.39' I 93.61' I I - I I I a 6' EAE (PERM/T7F0 0 OPERNEAO BALCONY AND PEOE57R/AN BRIDGE m �L ENCROACHNENIV ,90' EA,- (SURFACE (SEE PLAN NOTE 2) 2 v LEPEL & ABOPE) (-EE PLAN NOTE 7/ g ^I NI o LOT 1A 3 LOT 1B 10,675 sq. ff. 10,362 sq. J1. o 0.25 acres I I I 0.24 acres m o o � N 0 I I I BL DG 3 id EAE (PERM/T7FD BU1ZD1N0 IV_ OPERNANG ENCROACHMENT) (SEE PLAN NO7E J) �\ L _AE ------- 7j98- C> I C2 _--- 70.57' e N M- l I 96.38' 93.5T _, N O 'I I N90'00'00"W 189.95' O O O----------------------- o - — — —Z — — — — — — — — — — — — — — — — — — — — — — — — I — — — — — — — — — — — — — — — — — — — — — — I 6' EAE (SURFACE 6' EAE (PERMITTED OPERNEAO LEPEL & ABOW) 90"EAE (SURFACE BALCONY ANO PEDES7R/AN (SEE PLAN NOTE 1� LEhEL & ABOPV BRIDGE ENCR0ACHMEN7SJ (SEE PLAN NOTE >f (SEE PLAN NOTE 2) LEGEND - — — — - EASEMENT PROPERTY LINE ■ FOUND MONUMENT AS DESCRIBED SET 24" OF #4 REBAR WITH A RED PLASTIC CAP STAMPED KSI, LS 34995 O SET MAG NAIL WITH BRASS TAG STAMPED KSI, LS 34995 U&DE UTILITY AND DRAINAGE EASEMENT EAE EMERGENCY ACCESS EASEMENT PAE PEDESTRIAN ACCESS EASEMENT PA,D&UE PEDESTRIAN ACCESS, DRAINAGE AND UTILITY EASEMENT OWNER PENNY FLATS, LLC 1811 PEARL STREET BOULDER, CO 80203 SURVEYOR KING SURVEYORS, INC. 650 E. GARDEN DRIVE WINDSOR, CO 80550 DEVELOPER COBURN DEVELOPMENT 3020 CARBON PLACE #203 BOULDER, CO 80301 LOT1 16,987 sq. ff. 0.39 acres 204 BL DG 5 N89057'55"W 50' ROW i 00 YEAR 189.90' rn W in 0 50' ROW CURVE TABLE CURVE LENGTH RADIUS I DELTA CHORD CH BEARING C1 1 12.56' 1 8.00' 89'59'01" 11.31' N45'00'29"E C2 1 12.57' 1 8.00' 90*00'59" 1 11.32' 1 S44'59'30"E 1 - FLOODPLAIN AND 100-YEAR MAPLE STREET FLOODWAY (100' RIGHT OF WAY) 100-YEAR PER ORIGINAL PLAT _FLOODPLAIN LOTZ CIYICCF.NTF.ROFF7CFBUILDINGS DEVELOPMENT AGREEMENT NOTE ZOATNG.•DOWNTOWNDIS7RICT The Penny Flats Subdivision Development Agreement, dated January 26th, 2007, between the City and Penny Flats, LLC, shall apply to the property shown on this replat. This agreement should be viewed for additional stipulations or requirements that may encumber the property. PLAT NOTES REGARDING EMERGENCY ACCESS EASEMENT & 10' PUBLIC ACCESS EASEMENT 1. 30' wide Emergency Access Easement located at actual as built surface level of private drive and above. 2. Overhead balcony and pedestrian bridge encroachments shall be permitted over portions of the Emergency Access Easement as indicated and are subject to the following limitations: -Encroachments shall be limited to unconditioned spaces at the second floor level and above with the combined total area of encroachment of balconies and pedestrian bridge, per floor, not to exceed 2000 sq. ft. -Maximum projection of encroaching balconies into easement shall be 6' -Maximum size of encroaching balconies shall be 95 sq.ft. each -Minimum space separating adjacent balconies shall be 10' -Maximum total balconies per floor shall not exceed 18 -Balconies on the 3rd floor and above shall be located to stack directly above 2nd floor balconies -Maximum width of pedestrian bridge shall not exceed 6' -Maximum area of pedestrian bridge encroachment shall be limited to 200 sq. ft. footprint -Minimum overhead clearance shall be 14' clear above drive surface 3. Building overhang permitted at radius corners of drive intersection. Additional balcony overhangs shall not be permitted above radius corners C1 & C2. Minimum overhead clearance shall be 14' clear above drive surface. 4. Final configuration of Emergency Access Easement and permitted encroachments subject to fire department review and approval at time of building permit application. 5. 10' Public Access Easement located at actual as built surface level of walkway and above. Pedestrian bridge encroachments shall be permitted subject to the following limitations: -Maximum width of pedestrian bridge shall not exceed 6' -Total quantity of encroaching bridges shall be limited to 2 -Minimum overhead clearance shall be 14' clear above walkway surface NOTE Lots 1, 1A and 18 will be subject to terms and conditions recited in the Reciprocal Easement and Maintenance Agreement Between the Owners, recorded in the Records of Lorimer County, subsequent to the recording of this First Replat. AND INEILnn1! 110E] MAPLE STREET 1111 I-- 10/—P � LAPORTE AAVVENUE -�C N II 1 N i -9 MOUNTAIN AVENUE rn=- MCP [Z7 F1 ❑ ❑ OLJVE STREET - [IF -IF 0❑ ED EIFDui u' nrnn.. ..,,•.� VICINITY MAP (NOT TO SCALE) DATE: 6-3-2010 FILE NAME: 2010159SU19 SCALE: DRAWN BY: SIP CHECKED BY: SAL un U00 O N 00 u f� 00 yr 0 �/^ P1 O O P4 Q V 1 I 00 yr hJJJ � 0 V 7 Z7 l` H 4-4 Y rn U 0 w Q _J Q_ w V ) o Z J wo O a OD J 0Qa0 m}Q'O Z aJ Z U F (� dOm N Io Q Z w PROJECT #: 2010169 II II III II I 1 261 P � � � 0 SHEET 1 OF 1