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HomeMy WebLinkAboutEASTGATE THIRD - Filed S-SUBDIVISION PLAT - 2009-01-15N i W PLAT OF EASTGATE, 3RD FILING BEING A REPLAT OF LOT 1, PLAT OF EASTGATE, 2ND FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO (ALSO KNOWN AS THAT CERTAIN CONDOMINIUM MAP KNOWN AS 'CONDOMINIUM MAP FOR MONTGOMERY PARK CONDOMINIUMS UNITS 1, 2, 3 and 4 (A COMMON INTEREST COMMUNITY), LOT 1, EASTGATE SECOND FILING, CITY OF FORT COLLINS, STATE OF COLORADO AS RECORDED IN THE REAL PROPERTY RECORDS OF THE OFFICE OF THE CLERK AND RECORDER OF LARIMER COUNTY, COLORADO ON OCTOBER 12, 2006 AT RECEPTION NO. 20060077405), SITUATE IN SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO PUNNING APPROVAL: Cl: C3: D-01'47'59" D-04'40'03" R-248.50' R=248.50' L-7.81' L-20.24' C=7.80' C=20.24' CB:N00'50'09"E CB:N08'41'39"E C2: C4: D-04'37'29" D-05'25'14" R-248.50' R-248.50' L-20.06' L-23.51' C-20.a5' C-23.50' CB:NO4'02'53"E CB:N13*44'17"E EASEMENT CURVE DATA TABLE C5: Doi 11 '54" R-248.50' L=13.87' C-13.87' CB:N18*02*51 "E CE1: D-01'34'24" R-263.50' L-7.79' C-7.78' CB:N00'43'22"E CE2: CE4: D-04'03'04" D-04'43'50" R-283.50' R-283.50' L-20.04' L-23.41' C=20.04' C-23.40' CB:NO3'32'06"E CB: N12'00'19"E CE3: CE5: D-04'04'47" D-05'34'36" R-283.50' R-283.50' L-20.19' L=27.59' C-20.18' C=27.58' CB:NO7'36'01"E CB:N17'09'32"E Nov,,PIP 60' ROW #PZ I \ Found No. 4 rebar (16" long) with 1" dia. blue plastic cap marked LS 34174. Note, Property comer set with the Plat of Eastgate, 2nd Filing. rii tc*4ylj0. (6�ti R;9tif,or, FFT oy� N00e03'50"W 23.36' (Mess.) (Rec.: N00'03'50"W 23.36') 8 Approved by the Director of Planning of the City of Fort Collin .e6116rardo this tti day of 200�. �y0'•.•<:`,; �, ``• • Noff stCA Director of la Ing APPROVED AS TO FORM, CITY ENGINEER: By the City Engineer of the City of Fort Collins, Colorado this ___day of 200-1. City Engineer Lot I , FD. 'A': Found No. 4 rebar 4 °t ? (length unknowns Rps ef a No cap or markings o NJ r e Found�n (Rec.: East 127.92') °cf 9" �OOUQ �� N9000000"W 127.92' (Meas.) (length N nknown) F°�t9p �j �� 35.00' w` 57.14' - - 35.78' \ No sap or markings re �rst -8.16, Sooro55o'E-,..I; 14 FD. 'A' F 10,00, S89-54'"W 115.41' - rimr ,/r r /17 IN90'00'00"W 35.00' :. ��. rl I '� LOT 1 Set 3/4" long Alum. concrete nail I 2,870.8t S.F. (A with 1" dia. braes shiner marked C1 I CE1 LW / LS 34174 In concrete sidewalk. 3S 02' 563312p an (R, 6' Utility Easement (See Easement Note 2) (Mesa./Rec.) D=20'00'40" R=248.50' L=86.79' �Qo C=86.35' CB: N09"56'30"E rA ® r� O I Set No. 4 rebar (16" long) with 1" dia. blue plastic cap marked LS 34174� (Mess.): (Res.): D=04"22'46" D-04'21'42" R=248.50' R- ' I L-18.928.92' L=18.99' c-18.91' C=18.99' CB: N17'32'24"E CB: S17*2725W 2Z o I cr i 7 I- ' 0 0 W= W'a SURVEYOR'S CERTIFICATE: S89'54'14"W 127.41' C2I //38 LOT 2 /CE2 2,559.7t S.F. 35.20' 1 35' , S89'54'14"W 128.84' (See Ease j C3 Easement Note 1)�CE3 /4�f LOT 3 2,604.8f S.F. ' 3.59' ' S89'54'14"W 131.92' �CE6 Utility, Drainage, Access, LOT 4 FC//4 ( Parking and Pedestrian CE4 N9000'o0"w 19.15' Access Easement (See e Easement Note 4). 3,066.5t S.F j CE7 �-N00.00'00"E 11.00' /," 21,74' 1 N90'00'00"W 130.25' 36.30' f� �/////�31.82'%/////�� 62.13' C5 I N00'DO'00"W N90 00'00" h 72.85'% 14.41 R 21�ni • I UMIty, Drainage, Access, Parking n L-e 70' 1 If and edestrion Access Easement CG 7a' (See Easement Note 3). Ce:Sie'44'Sa'w NOTE: The Building Envelope previously platted with the Plat of Eastgate, 2nd Filing Is hereby vacated with this plat. Found No. 2 rebar (length unknown) No cap or markings TRACT A 22,525.4t S.F. (0.517t All VICINITY MAP (NTS) ��pQq �OP . S6`f 37?0,F ??2 3S*) (4oil Lol 3 "All area located outside of Lots 1--4 of this Plat is hereby dedicated as a Utility and Drainage Easement with this Plat" 7TL 100-45 Found No. 2 rebar N90'00'00"W 136.95' (Meas.) (length unknown) No cap or markings (Res.: East 136.95) 95.02' Found No. 4 rebar (16" long) with 1" dia. blue plastic cop IN00'01 51 E N89'57'16"E marked LS 34174. Note, 9.96' (Mess.) Property comer set with the Plat of Eastgate, 2nd Filing. (Rec.: North 10.00') Lot 14 10' Utility Easement Dedicated by separate document recorded at I 1 Reception No. 2005-0018192. I Lot 15 1 I I I I I I I I I I 78.35' 173.38' (Meas.) (Rec.: East 173.4l') I L(•�t 1 G I I Existing 5' REPL A7 CCO TRACT CT "A" LSNS Il � A U LSy MST l!-�L��M Existing 5' I 1 Easement (�,1 Easement I I WEST SOUTH ,5 20 o D 20 40 e SCALE 1" = 20' Date of Initial Preparation: May 20, 2008 / ��_ P Lot 4 Pet EAST Found No. 4 rebar t\ (length unknown) rNo cap or markings Lot N45*00'00"E \9\0\ / 52.62 (Mess.) oe� (Res.: N45 00'00"E 52.69') \ °ot\� -Found No. 4 rebor (16' long) with 1" dia. blue plastic cap marked LS 34174. Note, Property comer set with the L��� Plat of Eastgate, 2nd Filing. 17 \\ FASFUFNT NOTES 1. 35' Drainage Easement per the Plat of Eaetgate, 2nd Filing (to remain). 2. 6' Utility Easement per the Plat of Eastgate, 2nd Filing (to remain). 3. Hatched area indicates the limits of a Utility, Drainage, Access, Parking and Pedestrian Access Easement per the Plat of Eastgate, 2nd Filing (to remain). 4. Utility, Drainage, Access, Parking and Pedestrian Access Easement being dedicated with this Plat. I, Robert George Persichitte, a Registered Professional Land r _ ATTORNEY'S CERTIFICATION: Surveyor, do hereby state that this Subdivision Plat was prepared - r I hereby certify that this Subdivision Plat has been duly executed as required pursuant to from an actual surveyunder m direct supervision, that the 1111111111111111/���� I I Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the Ci of Fort Collins y P �\.\ O0 RECI I Existin 25' monumentation as indicated hereon were found or set as shown, 0R`!:-oaaE Pf,'- r Easement and that all persons signing this Subdivision Plat on behalf of o corporation or other entity are and that the foregoing plat is an accurate representation thereof, O� GF Rs; p� duly authorized signatories under the laws of the State of Colorado. This Certification is based all this to the best of my knowledge, information and belief. � �Q+IOs`. upon the examination of the records of the Clerk and Recorder of Lorimer County, Colorado as S �34174 BASIS OF BEARINGS STATEMENT: of the date of execution of the plat and other information discovered by me through Prepared 8y and On Behalf Of 1r sal+ Basis of Bearings for this plat based on the record bearing of South 63.31'20" East on the reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use Code. INTERMILL LAND SURVEYING, INC. Northeasterly line of Tract "B", Replat of Tract "A" Eastgate, First Filing to the City of Fort Collins, 1301 North Cleveland Avenue County of Lorimer, State of Colorado (Note: Monumentation of said line as shown). AO �^, ' A Loveland, Colorado 80537 L P'/.!.[-.( 970-669-0516����///// IIIIIIII\\\\\ VACATION OF CONDOMINIUM MAP NOTE: Attorney Robert George Pereiehitte Sign Seal By approval of this Plat by the City of Fort Collins, Colorado, that certain Condominium Map known Address: 12r S f'/ of y_T6 rfew Colorado PLS 34174 9 / as 'CONDOMINIUM MAP FOR MONTGOMERY PARK CONDOMINIUMS UNiTS 1, 2, 3 and 4 (A COMMON _ P-r �ll:�c. ._ According to Colorado law you must commence any legal action based on this survey within three INTEREST COMMUNTY), LOT 1, EASTGATE SECOND FILING, CITY OF FORT COLLINS, STATE OF COLORADO ✓_af! years after you discover such defect. In no event, may any action based upon any defect in this as recorded in the real property records of the Office of the Clerk and Recorder of Lorimer County, Registration No.: survey be commenced more than ten years from the date of the certification shown hereon. Colorado on October 12, 2006 at Reception No. 20060077405 is hereby vacated. 9 STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all men by these presents, that the undersigned, being owner(s) of the following described land: LOT 1, PLAT OF EASTGATE, 2ND FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Also known as that certain Condominium Map known as 'CONDOMINIUM MAP FOR MONTGOMERY PARK CONDOMINIUMS UNITS 1, 2, 3 and 4 (A COMMON INTEREST COMMUNITY), LOT 1, EASTGATE SECOND FILING, CITY OF FORT COLLINS, STATE OF COLORADO as recorded in the real property records of the Office of the Clerk and Recorder of Lorimer County, Colorado on October 12, 2006 at Reception No. 20060077405. The above described tract contains 0.772 Acres, more or less. The undersigned have caused the above described land to be surveyed and subdivided into lots, tracts, streets and easements as shown on this plat to be known as EASTGATE, 3RD 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 plot. This warranty and guarantee is made in accordance with the 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 o consistent basis with oil construction standards, safety 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 with 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 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 first acceptance b th p y e 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 pane, 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 droins, 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 DOCUMENTS: 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 BE AMENDED FROM TIME TO 11ME 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. Witness our hands and seals this itdayof , 2001. The undersigned does hereby certify that we are the lawful owners of real property described on this plat. OWNER(S): DAVID PHILLIPS K4LT bMN • ?NI�L� � � 0.10 David Phillips ��R� EAwi- Putt a IPS STATE OF COLORADO) )Ss COUNTY OF LARIMER) /� The foregoing instrument was acknowledged before me this day of bacl "A 2008 by David Phillips. Witness my hand and official seal. NiN D/44',%. My co i110 ssion expires e Cie; - �OT�Y •. 1. Notary ublic ��yT AUB�\G ,Q�� �y 1111111011 BANK M11i JVAIR �T-4 Of IndyMac Federal Bank STATE OF � 1 ��,,�� �)SS COUNTY OFJ rtu�eP The foregoingginstrument was acknowledges( before me this 1071ay of �, 200gbyl RK2yLR Williancaill rD6v%f IndyMoc Federal Bank. Witness my hand and official seal. •eee44ee4 DELTA A44e4eeeee44ee e. • DELTA AKPANAH My commission expires 0y/-Z-3 /y : Notary Public - Michigan • Kalamazoo County r • My Commission Expires Aug. 23, 2014 Acting in the County of Kalamazoo Notary Public T,)L,10. AKpatna / 1 INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 BUS. (970)-669-0516 / FAX (970)-635-9775 REVISIONS: BY: DATE: 1. Revisions per City of Fort Collins dated August 8, 2008 MJM 09-12-08 2. Plot final mylor MJM 12-04-08 DATE: 05-20-08 DRAWN BY: RGP SCALE: t" - 20' CHECKED BY: APPROVED BY: CLIENT: DAVID PHILLIPS PROJECT TITLE: EASTGATE, 3RD FILING To the City of Fort Collins, Lorimer County, Colorado SHEET N0. NO. OF SHEETS PROJECT N0. L.LJ L1 J (:f-5534 Ees92 2512 ' S89'54'14"W 131.92' �CE6 Utility, Drainage, Access, LOT 4 FC//4 ( Parking and Pedestrian CE4 N9000'o0"w 19.15' Access Easement (See e Easement Note 4). 3,066.5t S.F j CE7 �-N00.00'00"E 11.00' /," 21,74' 1 N90'00'00"W 130.25' 36.30' f� �/////�31.82'%/////�� 62.13' C5 I N00'DO'00"W N90 00'00" h 72.85'% 14.41 R 21�ni • I UMIty, Drainage, Access, Parking n L-e 70' 1 If and edestrion Access Easement CG 7a' (See Easement Note 3). Ce:Sie'44'Sa'w NOTE: The Building Envelope previously platted with the Plat of Eastgate, 2nd Filing Is hereby vacated with this plat. Found No. 2 rebar (length unknown) No cap or markings TRACT A 22,525.4t S.F. (0.517t All VICINITY MAP (NTS) ��pQq �OP . S6`f 37?0,F ??2 3S*) (4oil Lol 3 "All area located outside of Lots 1--4 of this Plat is hereby dedicated as a Utility and Drainage Easement with this Plat" 7TL 100-45 Found No. 2 rebar N90'00'00"W 136.95' (Meas.) (length unknown) No cap or markings (Res.: East 136.95) 95.02' Found No. 4 rebar (16" long) with 1" dia. blue plastic cop IN00'01 51 E N89'57'16"E marked LS 34174. Note, 9.96' (Mess.) Property comer set with the Plat of Eastgate, 2nd Filing. (Rec.: North 10.00') Lot 14 10' Utility Easement Dedicated by separate document recorded at I 1 Reception No. 2005-0018192. I Lot 15 1 I I I I I I I I I I 78.35' 173.38' (Meas.) (Rec.: East 173.4l') I L(•�t 1 G I I Existing 5' REPL A7 CCO TRACT CT "A" LSNS Il � A U LSy MST l!-�L��M Existing 5' I 1 Easement (�,1 Easement I I WEST SOUTH ,5 20 o D 20 40 e SCALE 1" = 20' Date of Initial Preparation: May 20, 2008 / ��_ P Lot 4 Pet EAST Found No. 4 rebar t\ (length unknown) rNo cap or markings Lot N45*00'00"E \9\0\ / 52.62 (Mess.) oe� (Res.: N45 00'00"E 52.69') \ °ot\� -Found No. 4 rebor (16' long) with 1" dia. blue plastic cap marked LS 34174. Note, Property comer set with the L��� Plat of Eastgate, 2nd Filing. 17 \\ FASFUFNT NOTES 1. 35' Drainage Easement per the Plat of Eaetgate, 2nd Filing (to remain). 2. 6' Utility Easement per the Plat of Eastgate, 2nd Filing (to remain). 3. Hatched area indicates the limits of a Utility, Drainage, Access, Parking and Pedestrian Access Easement per the Plat of Eastgate, 2nd Filing (to remain). 4. Utility, Drainage, Access, Parking and Pedestrian Access Easement being dedicated with this Plat. I, Robert George Persichitte, a Registered Professional Land r _ ATTORNEY'S CERTIFICATION: Surveyor, do hereby state that this Subdivision Plat was prepared - r I hereby certify that this Subdivision Plat has been duly executed as required pursuant to from an actual surveyunder m direct supervision, that the 1111111111111111/���� I I Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the Ci of Fort Collins y P �\.\ O0 RECI I Existin 25' monumentation as indicated hereon were found or set as shown, 0R`!:-oaaE Pf,'- r Easement and that all persons signing this Subdivision Plat on behalf of o corporation or other entity are and that the foregoing plat is an accurate representation thereof, O� GF Rs; p� duly authorized signatories under the laws of the State of Colorado. This Certification is based all this to the best of my knowledge, information and belief. � �Q+IOs`. upon the examination of the records of the Clerk and Recorder of Lorimer County, Colorado as S �34174 BASIS OF BEARINGS STATEMENT: of the date of execution of the plat and other information discovered by me through Prepared 8y and On Behalf Of 1r sal+ Basis of Bearings for this plat based on the record bearing of South 63.31'20" East on the reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use Code. INTERMILL LAND SURVEYING, INC. Northeasterly line of Tract "B", Replat of Tract "A" Eastgate, First Filing to the City of Fort Collins, 1301 North Cleveland Avenue County of Lorimer, State of Colorado (Note: Monumentation of said line as shown). AO �^, ' A Loveland, Colorado 80537 L P'/.!.[-.( 970-669-0516����///// IIIIIIII\\\\\ VACATION OF CONDOMINIUM MAP NOTE: Attorney Robert George Pereiehitte Sign Seal By approval of this Plat by the City of Fort Collins, Colorado, that certain Condominium Map known Address: 12r S f'/ of y_T6 rfew Colorado PLS 34174 9 / as 'CONDOMINIUM MAP FOR MONTGOMERY PARK CONDOMINIUMS UNiTS 1, 2, 3 and 4 (A COMMON _ P-r �ll:�c. ._ According to Colorado law you must commence any legal action based on this survey within three INTEREST COMMUNTY), LOT 1, EASTGATE SECOND FILING, CITY OF FORT COLLINS, STATE OF COLORADO ✓_af! years after you discover such defect. In no event, may any action based upon any defect in this as recorded in the real property records of the Office of the Clerk and Recorder of Lorimer County, Registration No.: survey be commenced more than ten years from the date of the certification shown hereon. Colorado on October 12, 2006 at Reception No. 20060077405 is hereby vacated. 9 STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all men by these presents, that the undersigned, being owner(s) of the following described land: LOT 1, PLAT OF EASTGATE, 2ND FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Also known as that certain Condominium Map known as 'CONDOMINIUM MAP FOR MONTGOMERY PARK CONDOMINIUMS UNITS 1, 2, 3 and 4 (A COMMON INTEREST COMMUNITY), LOT 1, EASTGATE SECOND FILING, CITY OF FORT COLLINS, STATE OF COLORADO as recorded in the real property records of the Office of the Clerk and Recorder of Lorimer County, Colorado on October 12, 2006 at Reception No. 20060077405. The above described tract contains 0.772 Acres, more or less. The undersigned have caused the above described land to be surveyed and subdivided into lots, tracts, streets and easements as shown on this plat to be known as EASTGATE, 3RD 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 plot. This warranty and guarantee is made in accordance with the 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 o consistent basis with oil construction standards, safety 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 with 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 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 first acceptance b th p y e 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 pane, 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 droins, 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 DOCUMENTS: 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 BE AMENDED FROM TIME TO 11ME 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. Witness our hands and seals this itdayof , 2001. The undersigned does hereby certify that we are the lawful owners of real property described on this plat. OWNER(S): DAVID PHILLIPS K4LT bMN • ?NI�L� � � 0.10 David Phillips ��R� EAwi- Putt a IPS STATE OF COLORADO) )Ss COUNTY OF LARIMER) /� The foregoing instrument was acknowledged before me this day of bacl "A 2008 by David Phillips. Witness my hand and official seal. NiN D/44',%. My co i110 ssion expires e Cie; - �OT�Y •. 1. Notary ublic ��yT AUB�\G ,Q�� �y 1111111011 BANK M11i JVAIR �T-4 Of IndyMac Federal Bank STATE OF � 1 ��,,�� �)SS COUNTY OFJ rtu�eP The foregoingginstrument was acknowledges( before me this 1071ay of �, 200gbyl RK2yLR Williancaill rD6v%f IndyMoc Federal Bank. Witness my hand and official seal. •eee44ee4 DELTA A44e4eeeee44ee e. • DELTA AKPANAH My commission expires 0y/-Z-3 /y : Notary Public - Michigan • Kalamazoo County r • My Commission Expires Aug. 23, 2014 Acting in the County of Kalamazoo Notary Public T,)L,10. AKpatna / 1 INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 BUS. (970)-669-0516 / FAX (970)-635-9775 REVISIONS: BY: DATE: 1. Revisions per City of Fort Collins dated August 8, 2008 MJM 09-12-08 2. Plot final mylor MJM 12-04-08 DATE: 05-20-08 DRAWN BY: RGP SCALE: t" - 20' CHECKED BY: APPROVED BY: CLIENT: DAVID PHILLIPS PROJECT TITLE: EASTGATE, 3RD FILING To the City of Fort Collins, Lorimer County, Colorado SHEET N0. NO. OF SHEETS PROJECT N0. L.LJ L1 J (:f-5534 Ees92 2512 STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all men by these presents, that the undersigned, being owner(s) of the following described land: LOT 1, PLAT OF EASTGATE, 2ND FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Also known as that certain Condominium Map known as 'CONDOMINIUM MAP FOR MONTGOMERY PARK CONDOMINIUMS UNITS 1, 2, 3 and 4 (A COMMON INTEREST COMMUNITY), LOT 1, EASTGATE SECOND FILING, CITY OF FORT COLLINS, STATE OF COLORADO as recorded in the real property records of the Office of the Clerk and Recorder of Lorimer County, Colorado on October 12, 2006 at Reception No. 20060077405. The above described tract contains 0.772 Acres, more or less. The undersigned have caused the above described land to be surveyed and subdivided into lots, tracts, streets and easements as shown on this plat to be known as EASTGATE, 3RD 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 plot. This warranty and guarantee is made in accordance with the 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 o consistent basis with oil construction standards, safety 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 with 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 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 first acceptance b th p y e 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 pane, 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 droins, 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 DOCUMENTS: 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 BE AMENDED FROM TIME TO 11ME 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. Witness our hands and seals this itdayof , 2001. The undersigned does hereby certify that we are the lawful owners of real property described on this plat. OWNER(S): DAVID PHILLIPS K4LT bMN • ?NI�L� � � 0.10 David Phillips ��R� EAwi- Putt a IPS STATE OF COLORADO) )Ss COUNTY OF LARIMER) /� The foregoing instrument was acknowledged before me this day of bacl "A 2008 by David Phillips. Witness my hand and official seal. NiN D/44',%. My co i110 ssion expires e Cie; - �OT�Y •. 1. Notary ublic ��yT AUB�\G ,Q�� �y 1111111011 BANK M11i JVAIR �T-4 Of IndyMac Federal Bank STATE OF � 1 ��,,�� �)SS COUNTY OFJ rtu�eP The foregoingginstrument was acknowledges( before me this 1071ay of �, 200gbyl RK2yLR Williancaill rD6v%f IndyMoc Federal Bank. Witness my hand and official seal. •eee44ee4 DELTA A44e4eeeee44ee e. • DELTA AKPANAH My commission expires 0y/-Z-3 /y : Notary Public - Michigan • Kalamazoo County r • My Commission Expires Aug. 23, 2014 Acting in the County of Kalamazoo Notary Public T,)L,10. AKpatna / 1 INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 BUS. (970)-669-0516 / FAX (970)-635-9775 REVISIONS: BY: DATE: 1. Revisions per City of Fort Collins dated August 8, 2008 MJM 09-12-08 2. Plot final mylor MJM 12-04-08 DATE: 05-20-08 DRAWN BY: RGP SCALE: t" - 20' CHECKED BY: APPROVED BY: CLIENT: DAVID PHILLIPS PROJECT TITLE: EASTGATE, 3RD FILING To the City of Fort Collins, Lorimer County, Colorado SHEET N0. NO. OF SHEETS PROJECT N0. L.LJ L1 J (:f-5534 Ees92 2512 REVISIONS: BY: DATE: 1. Revisions per City of Fort Collins dated August 8, 2008 MJM 09-12-08 2. Plot final mylor MJM 12-04-08 DATE: 05-20-08 DRAWN BY: RGP SCALE: t" - 20' CHECKED BY: APPROVED BY: CLIENT: DAVID PHILLIPS PROJECT TITLE: EASTGATE, 3RD FILING To the City of Fort Collins, Lorimer County, Colorado SHEET N0. NO. OF SHEETS PROJECT N0. L.LJ L1 J (:f-5534 Ees92 2512