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HomeMy WebLinkAboutPARK SOUTH COMMERCIAL PLAZA FOURTH - Filed S-SUBDIVISION PLAT - 2005-06-08[0,19 E P A SURDIVISIOX,PARKSOUTH COMM.ERCIAL FOURT"FILLVC Being a Replat of Lot 2-B, Park South Commercial Plaza Minor Subdivision Second Filing City of Fort Collins, County of Larimer, State of Colorado (For Recording Purposes: Located In The NE1 /4 Quarter of Section 35, Township 7 North, Range 69 West, Of The 6th P.M., STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all men by these presents, that the undersigned, being owners of the following described land Being a Replat of Lot 2-8, Park South Commercial Plaza Minor Subdivision, Second Filing, as recorded by the Lorimer County Clerk and Recorder on November 14, 1996 as Reception No. 97034895, situated in the Northeast Quarter (NE1/4) of Section Thirty—five (35), Township Seven North (T.7N.), Range Sixty—nine West (R.69W.), of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Lorimer, State of Colorado. (Said described parcel of land contains 1.181 acres, more or less (t)) have caused the above described land to be surveyed and subdivided into lots, street and easements as shown on this plat to be known as PARK SOUTH COMMERCIAL PLAZA SUBDIVISION, FOURTH FILING, subject to all easements and rights —of —way now of record or existing or indicated on this plat. CERTIFICATE OF DEDICATION The undersigned does hereby dedicate and convey to the City Of Fort Collins, Colorado, for public use, forever, the streets 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 undersigned hereby warrants and guarantees to the City Of Fort Collins, 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 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 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 undersigned 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 undersigned 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 undersigned 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 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 unrepoired at the termination of said period shall remain the responsibility of the undersigned. REPAIR GUARANTEE In consideration of the approval of this final plat and other valuable consideration, the undersigned does 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 undersigned warrants 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 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. The obligations of the undersigned 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 DOCUMENT All persons take notice that the Developer and/or Owner has 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. In witness whereof, we have hereunto set our hands and seals this the r ! _ day of .20 0.5. Tidal Wave Car Wa81f, Inc,; o Colorado By; ( `� As: President Rhey Wright NOTARIAL CERTIFICATE STATE OF C ���L.d 0C ) ss COUNTY OF Lc�kCyY V, f ) \ The foregoing instrument was acknowledged before me by - '4 L _ J '�_K ( q } this day of 2011, OLLI AYITIN-BELASKI M commission expires �i NOTARY PUBLIC Y p *TAT1 OF COLORADO Witness my hand and official seal. / I (SEAL) ~eoP"owwwOO~ nu Notary Public NOTE: THE PRIVATE ACCESS EASEMENT MAY NOT BE VACATED OR ALTERED WITHOUT THE APPROVAL OF THE OWNERS OF BOTH LOTS. MMITMENT N 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 Commitment No. H0011217-081—TM, dated April 5, 2005 as prepared by First American Heritage Title Company to delineate the aforesaid information. BASIS OF BEARINGS BEGINNING at the Northwest comer of Lot 1, Park South Commercial Plaza Subdivision Third Filing and assuming the North line as bearing S89.42'45"E a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 144.90' with all other bearings herein relative thereto; TE 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. (13-80-105 C.R.S.) ATTORNEY'S CERTIFICATION ' I hereby certify that the foregoing Subdivision Plat has been duly executed as required pursuant to Section 2.2.3 (C)(3)(o) 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 enti ty 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 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 2.2.3(C)(3)(f) of the Land Use Code. Attomeyrr�,o-,.�.-.4 u% Address OD Registration No. / R'S STATEMENT I, Lawrence S. Pepek, 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 monumentotion as indicated hereon were found or set as shown, and that the foregoing plat is an accurate representation thereof, all th',ae�t of my knowledge, information and belief. U:•......: GO.,• ENCE S q 36 T rence S. Pepek — On Behalf 0 Kim,^�rveyors,,lrf olorado Registered Professional .'( SAND 5� Land Surveyor #33642 ����` APPROVED AS TO FORM, CITY ENGINEER By the City EE�ineer of the City of Fort Collins, Colorado this 2��"day of A.D., 2007 0 ' �A;4 ity E gineer V Ti PLANNING APPROVAL By the Director of P this .do_yOf. of the City of Fort Collins, Colorado �y A.D., 20-05 VICINITY MAP WEST HORSETOOTH ROAD SITE z Q U Oq O�. Q � z Qoa� 3 a WAY AtiDEN x W PARK SOUTH E p P.u.D. AVE13vE z ZO EN�ISON C7 PARK SOUTH 2ND FILING z P�1 Q W W a U CREGER DRIVE 00 t` CREGER PLAZA 2ND REPLAT 3 FOUND NAIL WITH A BRASS TAG STAMPED _ LS 23501 r, to 50' _WEST HORSETOOTH ROAD (100' - ROW) 50, 5' DEDICA7E0 R/CNT—GS— WAY BY 7HI5 PLAT S89042'45"E 144.90' .92 144. 101/E WIT MANHATTA A N VENUE LOTI 24,356 sq. ft. N n �o - FOUND NAIL WITH A BRASS TAG STAMPED LS 5028 — — — 5.00' LOT 2-A PARKSOV7NCO/YIMERCIAL PLAZA SUBDIVISION A utozom Inc. RRI0A7E ACCESS, Parzel#973f16NO01 UALITY, DRAINAGE 11AL17Y ct EMERGENCY EASEMENT ACCESS EASEMENT _ 590?7000 w — 107.70' N90'00'00"W 145.76' ' S190 220 00 E ry J 3620 \� NI I t MANHATTAN ^I AVENUE I �� Io I �.4 W I 0w>J LOT2 PLO I ESQ ^I 26,381 sq. ff. W Chi b, W rZi 10 o I Ns> ¢Os> 'WI W I/ I 00 00 E 696' I QW I / I� _0 z Itz \.ol 6i� I� I� 00 30 15 0 30 60 90 Ih ��+ yl of I O o til °ol �°ol 21 Lcl N h SCALE IN FEET I �I �1- g l 25 EASEMENT I O W 23.69 64 BS _ 20.00' 28.50 - - - - - - - - - - - - - - - - - - - - - - - - -IL------1-- ----�---- 146.54 25'ACCES5 & UALITY EASEMENT OWNER/DEVELOPER: RHEY WRIGHT LOT 3—B FOX HILL DRIVE PARKSOUTHCOMMERCIAL PLAZA FORT COLLINS, COLORADO 80526 PHONE: (970)481 -3349 SUBDIVISION Campaoa Adventures, LLC ENGINEER: Pamel,Y97?.3779WI NORTHSTAR DESIGN INC. TRICIA KROETCH 700 AUTOMATION DRIVE WINDSOR, CO. 80550 PHONE: (970)686-6939 FAX: (970)686-1188 SURVEYOR: KING SURVEYORS, INC. LARRY PEPEK 9299 EASTMAN PARK DRIVE WINDSOR, CO 80550 PHONE: PHONE: (970)686-5011 FAX: (970)686-5821 — — — — — EASEMENT ----- RIGHT—OF—WAY PROPERTY LINE R RECORDED '.. P PLATTED M MEASURED UE UTILITY EASEMENT LEGEND N89'42'45"W 146.67' FOUND YELLOW PLASTIC 25"ACCESS & CAP IN ASPHALT STAMPED UALITY EASEMENT LS 30085 J---------- LOT 3—A PARKSOUTNCOMMERCIAL PLAZA SUBDIVISION Campana Adventures, LLC Pa 1#97RfI7,YW2 FOUND ALIQUOT CORNER AS DESCRIBED SET ALIQUOT CORNER AS DESCRIBED . FOUND MONUMENT AS DESCRIBED SET 24" OF #4 REPAR WITH A ORANGE PLASTIC CAP STAMPED KSI, LS 33642, UNLESS NOTED OTHERWISE 0 CALCULATED POSITION CURVE TABLE CURVE LENGTH RADIUS I DELTA I CHORD CH BEARING C1 39.14' 25.00' 89'42'45" 1 35.27' 1 N45-08'38"E C2 1 39.27' 1 25.00' 90'00'00" 1 35.36' 1 S45'00'00"E LINE TABLE LINE BEARING LENGTH Lt N90'00'00"W 11.32' L2 S45'17'17"W 17.99' L3 S0017'17"W 6.63' DATE: 11/9/2004 FILE NAME: 2003417—ASUB SCALE: 1"=30' DRAWN BY: KER CHECKED BY: LSP O U K O W} O � � N 00 C9 Z 00 Y 3 0 3 O0 • O N 0 N Z 00 • tD S Y � a a L� z Q • N Q W 00 O N 00 00 O rn Z 0 2 0- 0 �i 1 Q N � I N Z w M 2 0 In z 0 U v_ 0 Z v O in (n in 5 0 W a Z O 000 (n LO DO 0, OU IM 000 cn X r. O N 0 r z 0 Z a z� �xQ _ J J — Li w Li_ F_ Q Z U of 0 a) w ofH >O Z) 0(0 O O 0co U Z (D 0 0 � �O1 0 N Z) W Q Z Y 00 0 f1 PROJECT #: 2003417—A 1 SECTION 35 -T.7N. - R.69W. NOT TO SCALE P-138 2427 SHEET 1 OF 1