HomeMy WebLinkAboutCANYON PLACE - Filed S-SUBDIVISION PLAT - 2013-03-22N PLACE
CANYON PLACE
LOTS 11 2 AND 3, BLOCK 83, CITY OF FORT COLLINS, LOCATED IN THE SOUTHEAST 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
STATEMENT OF OWNERSHIP AND SUBDMSION:
Know all persons by these presents, that the undersigned owner(s) of the following described land:
Lots 1, 2, and 3, Block 83, City of Fort Collins, located in the Southeast Quarter of Section 11, Township 7 North, Range 69 West of the bth P.M., City
of Fort Collins, County of Larimer, State of Colorado, contains 54,225 square feet or 1.245 acres.
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 CANYON PLACE (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: JJ Enterprise 331 LLC, a Colorado limited liability c y
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Curt R. Iticiardson, Manager
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of A_UrtW, 20�, by Curt R. Richardson as Manager of
JJ Enterprise 331 LLC, a Colorado limited liability company
Witness my hand and official seal
My commission expires:
Notary Public
OWNER: Public Service Credit Union, formerly known as Norlarco Credit Union
TITLE:
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this +;= day of h& "— 20t, by
Draw .d 1�. PI! L rem as Sr, V L Pr c-1 d e l of Public Service Credit Union.
Witness my hand and official seal
My commission expires:
Notary Public
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LIENHOLDER: Firstbank
BY:
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TITLE: f ft,,A K, V144. OIPCS 14114'
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this r1` day of nnG r 20�, by
�CtUm .tn as l:/\tCmAr AG Vica�Pt--Cs &iA ofFirstbank.
Witness my hand and official seal
My commission expires:
Notary Public
MAINTENANCE GUARANTEE:
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The Owner hereby warrants and guarantees to the City, for a period of two (2) years from the date of completion and fast 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,
safety requirements and environmental protection requirements of the City. The Owner 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
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:
In consideration of the approval of this final Plat and other valuable consideration, the Owner does hereby agree to hold the City harmless
for a five (5) year period, commencing upon the date of completion and fast acceptance by the City of the improvements to be constructed
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 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 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.
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer of the City of Fort Collins, Colorado this _day of M4qo4 A.D., 201:!�
City Engineer
PLANNING APPROVAL
By the Director of Planning the City of Fort Collins, Colorado this
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ATTORNEY'S 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
Addrel,/67/ X1-- J7-f_ X 46--1 Svt
Registration No.: D �O
I NOTICE I
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.
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 South line of Lot 1, Block 83, City of Fort Collins bearing North 89°42'48" West (assumed bearing).
day of�.D., 20 2) All information regarding easements, right-of-way or title of record, Northern Engineering relied upon Title Commitment 01330-14179
prepared by Stewart Title Guaranty Company, dated September 25, 2012.
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/ 1'•4ut .,ley 3) Ingress/Egress Easement per Book 1970, Page 460 to be vacated by this plat.
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of unity Development and Neighborhood icy EAL 'N 4) All areas within the Lot 1 and Lot 2 located outside of the lWyear high -risk flood fringe are located within the City of Fort Collins 1
Moderate Risk Floodplain. 6 6 0
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