HomeMy WebLinkAboutLEGACY SENIOR RESIDENCES - Filed S-SUBDIVISION PLAT - 2012-11-26qW
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PLAT OF
LEGACY SENIOR RESIDENCES
BEING A REPEAT OF A PORTION OF BLOCK 2, CITY OF FORT COLLINS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all men by these presents, that the undersigned owner(s) of the following described land: A tract of land located in the Northwest Quarter of
Section 12, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly
described as follows:
Considering the Southeast line of Lot 1, Block 2, City of Fort Collins bearing South 41°41'10" West and with all bearings contained herein relative
thereto:
BEGINNING at the most southerly comer of said Lot 1, thence, North 48 18 50 West, 400.00 feet to a point on the southerly right-of-way of Pine
Street; thence along said southerly line, North 41°41'10" East, 215.00 feet to a point on the southwesterly line of Lot 3, Northside Aztlan Community
Center; thence along said southwesterly line and along the southwesterly line of Lot 2, Northside Aztlan Community Center, South 48° 18'50" East,
400.00 feet to a point on the northerly right-of-way line of Linden Strut; thence along said northerly line, South 41*41'l0" West, 215.00 feet to the
POINT OF BEGINNING, contains 1.974 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 LEGACY SENIOR RESIDENCES (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.
OWNER: BLAIR A KEIFER FAMILY TRUST
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this JLL4day of 0 f *bk*C , 20_12_, by
misr)DO? , %tiff as I ri-a au, of Blair A. Keifer Family Trust
Witness my hand and official seal
My commission expires:
OWNER: MARJORIE R. KEIFER
BY•A k!��4_jv
Marjorie . Keifer
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this JoA day of 1D (J& b f r , 20JI, by
Marjorie R. Keifer.
Witness my hand and official seal
My commission expires: 6 -Jq-Pr) U
UM,
10m,.
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,
f the City. The Owner shall also correct and repair,
safety requirements and environmental protection requirements o ty 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:
r valuable consideration the Owner does hereby to hold the City harmless
)n consideration of the approval of this final Plat and other va uab y agree ty
and first acceptance b the Ci of the improvements to be constructed
for a five (5) year period, commencing upon the date of completiony City p
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 rightof-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.
ATTORNEYS CERTIFICATION
I hereby certify that this Subdivision Plat has been duly executed as required pursuant to Section 2.2.3(Cx3)(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: t
Address:
C 100624-
Registration No.:
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer of the City of Fort Collins,
S
,day ofAlpVOR A.D., 20 12..
PLANNING APPROVAL y w'
By the Director of Planning the City of Fort Collins, Colorado this � 71�pay of N(N " A.D., 20
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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 "L
HAVE NO OBLIGATION OF OPERATION, MAINTENANCE OR RECONSTRUCTION OF 9UCH
PRIVATE STREETS AND/OR DRIVES NOR SHALL THE CITY HAVE ANY OBLIGATION TO
ACCEPT SUCH STREETS AND/OR DRIVES AS PUBLIC STREETS OR DRIVES.
SURVEYOR'S STATEMENT
I, Gerald D. Gilliland, 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.
Gerald D. Gilliland
Colorado Registered Professional
Land Surveyor No. 14823
NOTES:
1) The Basis of Bearings is the Southeast line of Lot 1, Block 2, City of Fort Collins bearing South 41°41'l0" West (assumed bearing).
2) All information regarding easements, right-of-way or title of record, Northern Engineering relied upon Commitment Number 5511-1864276, dated
August 06, 2012, prepared by First American Title Insurance Company.
3) Refer to approved Development Agreement and latest Title Commitment for any other restrictions and/or usage that may apply to this property.
4) Restrictions on the parcels of land, identified as the southeast portion of the plat fronting Linden Street and to the northwest of the intersection of
Poudre Street and Linden Street, shall be designed to maintain the character and streetscape of Linden Street and to be compatible with the one and two
story character of adjacent historic properties, with compatible front and side setbacks, size, scale, massing, materials, and design, as determined by the
Landmark Preservation Commission. The building(s) will be a maximum of two -stories in height, with flat or nearly flat roofs, and predominantly of
brick, unless otherwise approved by the Landmark Preservation Commission.
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