HomeMy WebLinkAboutPROSPECT STATION - Filed S-SUBDIVISION PLAT - 2013-10-31STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all persons by these presents, that the undersigned owner(s) of the following described land
Lot 10 of the Griffin Plaza Subdivision Plat, recorded August 10, 1977 as Reception No. 207302 of
the Records of Lorimer County, situate in the Northeast Quarter of Section Twenty-three (23),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the 6th P.M., City of Fort Collins,
County of Lorimer, State of Colorado;
TOGETHER WITH that portion of that tract of land adjoining to said Lot 10 known as Tamasag Drive,
as was dedicated as Public Right of Way by the Griffin Plaza Subdivision Plat, Recorded August 10,
1977 as Reception No. 207302 of the Records of Lorimer County and subsequently vacated by
Ordinance No. 028, 2011 of the City of Fort Collins recorded March 30, 2011 as Reception No.
20110019348 of the Records of Larimer County, and which attaches to said Lot 10 by sold act of
Right of Way Vacation, being located in the Northeast Quarter of Section Twenty-three (23), Township
Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the 6th P.M., City of Fort Collins, County of
Lorimer, State of Colorado;
TOGETHER WITH that portion of that tract of land known as Tamasag Drive which adjoins to Lot 11
of Griffin Plaza Subdivision, as was dedicated as Public Right of Way by the Griffin Plaza Subdivision
Plat, Recorded August 10, 1977 as Reception No. 207302 of the Records of Lorimer County and
subsequently vacated by Ordinance No. 028, 2011 of the City of Fort Collins recorded March 30, 2011
as Reception No. 20110019348 of the Records of Lorimer County, and which is fully described as
Parcel #2 in that Quit Claim Deed recorded June 30, 2011 as Reception No. 20110039189 of the
Records of Larimer County, being located in the Northeast Quarter of Section Twenty-three (23),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the 6th P.M., City of Fort Collins,
County of Larimer, State of Colorado;
EXCEPTING THEREFROM that portion of that tract of land known as Tamasag Drive which adjoins to
Lot 10 of Griffin Plaza Subdivision, as was dedicated as Public Right of Way by the Griffin Plaza
Subdivision Plat, Recorded August 10, 1977 as Reception No. 207302 of the Records of Lorimer
County and subsequently vacated by Ordinance No. 028, 2011 of the City of Fort Collins recorded
March 30, 2011 as Reception No. 20110019348 of the Records of Lorimer County, and which is fully
described as Parcel #1 in that Warranty Deed recorded June 30, 2011 as Reception No. 20110039190
of the Records of Lorimer County, being located in the Northeast Quarter of Section Twenty-three
(23). Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado.
. . . (which above described tract contains 36,383 square feet or 0.835 acres, more or less)
for themselves and their successors in interest Prospect Station, LLC 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 PROSPECT STATION SUBDIVISION, 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 Citys 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 some 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 Citys agents, licensees,
permittees and assigns.
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 wIWn, :thp '
rights -of -way, Easements and other public properties, including, without limitation, all �aurbing,
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 first 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.
P)?O,5PffCT,5TA.TIOiV45UBDIVI45IOiV
Being A Replat Of Lot 10, Griffin Plaza Subdivision, and A Portion of Vacated Tamasag Drive,
Situate In The Northeast Quarter Of Section 23, Township 7 North, Range 69 West Of The 6th P.M.,
City Of Fort Collins, County Of Larimer, State Of Colorado
OWNER
Prospect Station, LLC
2642 Mid int Drive
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Fort Co CO 80
By. � ��/ � l As:
NOTARIAL C
ER
TIFICATE
STATE OF [� )
as.
COUNTY OF 4d"40t.G,✓) I� ,�T���
The foregoing instrument was acknowledged before me this day of 9LGiWW,,' 20a
by L illift as of Prospect Station, LLC.
My commission expires 5-l-�At�
Witness my hand and official seat.
Notary Public
ATTORNEYS CERTIFICATION:
I hereby certify that this Subdivision Plat has been duly executed as required pursuant to Section
2.2.3(C)(3)(a) through (a) 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 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 th Land Use Code.
Attorney. `` Z 43.1S"
Address: Val 3T`. JZA
teJ�4' 1i. ms-XI
Registration No.: �Z I�Q ��
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer of the City of Fort Collins, Colorado this �� day of
D., 20_11L�_
Ci ngin r
PLANNING APPROVAL
\ By the Director of Planning the City of Fort Collins, Colorado this day of
""'10 AwAINA0 A.D., 20Z4—
Dire for of Planning �?,�
rC•
City Clerk/0/ti i .��,:; t
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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 FCIF25111865, dated October 11, 2012 at 5:00
P.M., as prepared by Land Title Guarantee Company to delineate the aforesaid information.
BASIS OF BEARINGS AND LINEAL UNIT DEFINITION
Assuming the North line of the Northeast Quarter of Section 23, T.7N., R.69W., as bearing North
89'38'50" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 1983/2007, a distance of 2655.56 feet with all other bearings contained
herein relative thereto.
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot."
101
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.)
i
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 plai is an
accurate representation thereof, all this to the beat of my knowledge, information and belief.
9 34995
O
Steven A.
Colorado Registere rc
Land Surveyor #34995
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POR770WOFLOT12
REPLATOFA. L. EAfIGBS
SUBDIVISION
NORTH QUARTER CORNER
SECTION 23, T.7N., R.69W.
FOUND 2 1/2" ALUMINUM CAP
ON #6 REBAR, LS 17497, 1999
IN MONUMENT BOX
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40' ACCESS, EMERGENCY
�— ACCESS, DRAINAGE AND
UTILITY EASEMENT
REC. NO. 20110019348
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PORTIONOFLOTI2
REPLATOFA. L. EMIGflS
SUBDIVISION
60' DEDICATED RIGHT OF WAY
PER A. L. EMIGH'S SUBDIVISION
10/6/1881, FILE NO. 10,256
PORYMNOFLOT 12
REPLATOFA. L. EMIGBS
SUBDIVISION
_T
30,
ROW
WEST PROSPECT ROAD
N89-38-50"W (BASIS OF BEARINGS)— 2655.56'
FOUND A CONCRETE NAIL
WITH BRASS TAG, LS 27936
0.7' SOUTHWESTERLY FROM THE
ACCEPTED CORNER POSITION
OF THE ORIGINAL NORTHWEST
CORNER OF LOT 10
835.61'
BURLINGTON
NORTHERN
RAILROAD
NORTHEAST CORNER
SECTION 23, T.7N., R.69W.
FOUND 3 1/4" ALUMINUM CAP
ON 2 3/8" STEEL PIPE, LS 17497,
1991, IN MONUMENT BOX
FOUND A PK NAIL AND
30' BRASS TAG, LS 34995
ZOW ALSO FOUND CONCRETE NAIL
WITH BRASS TAG, LS 27936
0.6' WESTERLY FROM THE
ACCEPTED CORNER POSITION
o I DEDICATED
N 40' ACCESS, EMERGENCY I RIGHT OF WAY
ACCESS, DRAINAGE AND _� BY THIS PLAT I
U77LITY EASEMENT
REC. NO. 20110019348 I 4,477 SQ.FT.
S89'38'50"E 213.27'
32.00' 71.27'
15' U77LITY AND I I 1RAlL EASEMENT
Y / / / / / 1 DRAINAGE EASEMENT L _ _ _ LS _ I _ J REC. NO. 20090061268�—
//// r�f �--------------L------------- ----------- fi_--�
1TRANSIT EASEMENT\U I
THE TRANSIT EASEMENT DEDICATED BY THIS PLAT IS INTENDED
I% 20' ACCESS, EMERGENCY FOR USE BY THE CITY OF FORT COLLINS FOR CONSTRUCTION,
/ ACCESS, DRAINAGE AND OPERATION, MAINTENENCE, REPAIR AND REPLACEMENT OF r
IMPROVEMENTS AND STRUCTURES ASSOCIATED WITH THE PUBLIC
/ UTILITY EASEMENT TRANSPORTATION OR 7RANSIT CORRIDORS
REC. NO. 20110079348
POR77ON OF ACCESS, EMERGENCY ACCESS
O DRAINAGE AND UTILITY EASEMENT
PER REC. NO. 20110019348
VA CA TED YRA TE
DOCUMENT REC.PNO. 20730074568
20' U77LITY AND
w0 % / / / (AS SHOWN HATCHED) 31' Q.FT DRAINAGE EASEMENT
�A
Z F �7 j f�-------
W------------1 POR7TON OF TRAIL EASEMENT 1,)�-
/ / N893850"105.00' PER REC. NO.. 20090061268
✓ 7///// .� VACATED BY SEPARATE r a I
20' DRAINAGE I g DOCUMENT REC. NO. 20130074569 o
i N/ / / / � EASEMENT 4 I N (AS SHOWN HATCHED) /� W
��TT�iT�r�r\s�\'so"E 10- ---------� r/
/ / / / / / / / / / / / / / / / POR77ON OF ACCESS, EMERGENCY ACCESS,
DRAINAGE AND U77LITY EASEMENTPER REC. NO. 2011001
✓ACATEDBYSEPARATE9348
DOCUMENT REC. NO. 20130074568
A (AS SHOWN HATCHED)
30' ACCESS, EMERGENCY
ACCESS, DRAINAGE AND
UTILITY EASEMENT 20.00'
/ / / // / / / / / /
/ / / / / / / / // / /
REC. NO. 20110019348
14
N89.38'50"W 214.48'
/
EXCEPTION PARCEL #1
/
REC. NO. 20110039190
LOT 1LAZA
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`� 11
LOTR
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VA CA7EDRIGBTOFWAY
GRIFFlNPLAZA
/ SCTBDIVISION
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ORDWANCENO. 02S, 2011
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SUBDIVISION
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REC. NO.20110019M8
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LINE TABLE
LINE
BEARING
LENGTH
Lt
S00'20'06"W
1.56'
L2
S23'00'23"E
5.14'
L3
S00'06'50"E
17.71'
L4
SOO'21'10"W
10.00'
L5
S89'38'50"E
32.00'
L6
NOO-21-10"E
10.00'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
CH BEARING
C1
25.13'
58.00'
24-49'22"
24.93'
S12-31.31"E
C2
18.54'
42.00'
25-17'22"
18.39'
N12-17.31"W
LEGEND
- — — — -
EASEMENT
— - - —
SECTION LINE
— - - -
RIGHT-OF-WAY
—�
PROPERTY LINE
�+
FOUND ALIQUOT CORNER
AS DESCRIBED
FOUND #4 REBAR WITH A
RED PLASTIC CAP STAMPED
LS 34995
(UNLESS OTHERWISE NOTED)
SET 24" OF #4 REBAR WITH A
RED PLASTIC CAP STAMPED
KSI, LS 34995
0
CALCULATED POSITION
NOTICE
ALL RESPONSIBILITIES AND COSTS OF OPERATION, MAINTENANCE AND RECON$ UNION OF THE
PRIVATE STREETS AND/OR DRIVES LOCATED ON THE PRIVATE PROPERTY THA51 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.
VICINITY MAP
(NOT TO SCALE)
N
DATE:
2/6/2013
FILE NAME:
2007283SUB
SCALE:
1"=20'
DRAWN BY:
CSK
CHECKED BY:
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