HomeMy WebLinkAboutCORTINA - Filed S-SUBDIVISION PLAT - 2004-03-25J
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1) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO
EVENT MAY ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS AFTER THE DATE OF SURVEY SHOWN HEREON.
2) BASIS OF BEARINGS: BEARINGS FOR THIS SURVEY ARE BASED ON A PORTION OF THE WEST
RIGHT-OF-WAY LINE OF SOUTH HOWES STREET BETWEEN THE SOUTHEAST CORNER OF BLOCK 91
AND THE SOUTHEAST CORNER OF BLOCK 92, CITY OF FORT COLLINS, BEING MONUMENTED AS
SHOWN AND DESCRIBED HEREON. SAID LINE IS ASSUMED TO BEAR S00'00'00"W.
LEQENO
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INDICATES
FOUND
SURVEY MONUMENT AS NOTED HEREON
INDICATES
FOUND
NO. 4 REBAR WITH CAP, LS 25372
INDICATES
SET NO.
4 REBAR WITH CAP, LS 25372
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GRAPHIC SCALE
in 60
( IN FEET )
1 inch = 30 ft.
NORTHERLY CORNER BLOCK 83
FOUND 1/2" REBAR W/CAP
BEING A REPLAT OF A PORTION OF LOTS 39 4 AND 5, BLOCK 92
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
BEING LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 1 1, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
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FOUND CHISELED
"X" IN CONCRETE
1
OAK STREET
(PER (CITOY OF G HT E FORTCOLLINS)
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S89'59'51"E 329.75' FOUND 1-1/2" PIPE
WITH ALUMINUM CAP
OLIVE STREET
(100' RIGHT OF WAY)
(PER CITY OF FORT COLLINS)
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FOUND NAIL &
SHINER
FOUND REBAR WITH
1-1/2" ALUMINUM CAP
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FOUND 1/2" REBAR
WITH CAP
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING OWNERS OF
THE FOLLOWING DESCRIBED LAND: A TRACT OF LAND LOCATED IN THE SOUTHEAST
ONE —QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF LOT 5, THE NORTH 35 FEET OF LOT 4, AND A PORTION OF LOT 3,
BLOCK 92, CITY OF FORT COLLINS, AND BEING ALL MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 5, BLOCK 92, CITY OF
FORT COLLINS, THENCE S00'00'00"W ALONG THE WEST RIGHT-OF-WAY LINE OF
SOUTH HOWES STREET 165.02 FEET; THENCE N89'59'51 "W 126.00 FEET;
THENCE S00'00'00"W 65.00 FEET TO THE SOUTH LINE OF LOT 3, SAID BLOCK 92;
THENCE N89'59'51 "W ALONG THE SOUTH LINE OF SAID LOT 3, 103.83 FEET TO
THE EASTERLY RIGHT-OF-WAY LINE OF CANYON AVENUE; THENCE N44'58'40"E
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 325.15 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED TRACT CONTAINS 0.419 ACRES, MORE OR LESS.
THE UNDERSIGNED 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 CORTINA SUBDIVISION, SUBJECT TO ALL EASEMENTS AND
RIGHTS -OF -WAY NOW OF RECORD OR EXISTING OR INDICATED ON THIS PLAT.
CEM1RCATE OF D =__fiI
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 AN 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.
WAMTENAfVCE 01JARANTEE-
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 UNREPAIRED AT THE
TERMINATION OF SAID PERIOD SHALL REMAIN THE RESPONSIBILITY OF THE
UNDERSIGNED.
REPAIR QUUARAN
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 BE 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.
WITNESS OUR HANDS AND SEALS THIS 3✓A DAY OF NkWCk A.D., 200
BY:_000LSON DEVELOPMENT GROUP, INC. - OWNER
STATE OF COLORADO )) S.S.
COUNTY OF LARIMER )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFOR M THIS 7r4 DAY
OF 1V�w r A.D., 20�. BY d �t.� ..5
MY COMMISSION EXPIRES 04-24- 2cOt4 oj-_ff&�• /^/►
NOT XRY PUBLIC
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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 PLAT, FINAL LANDSCAPE PLAT, AND
ARCHITECTURAL ELEVATIONS, WITH 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.
ATTORNEY'8 CERTIRCATIOrk
I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN DULY EXECUTED AS
REQUIRED PURSUANT TO SECTION 2.2.3(C)(3)(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.
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ATTORNEY: 84 f RE& !''V.r 14 t
ADDRESS: I1 h
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REGISTRATION NO.: /.73 SS
1.At_'�ll�Ki APP Q
BY THE DIRECTOR OF PLANNNG THE CITY OF FORT COLLINS,
THIS _r2A DAY OF A r A.D., 20 1.
OF PLANNING
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PF'ROVED ASTO F<M CITY E 9G FIR
BY THE_ TY ENGINEER QF�THE C`TY OF FORT COLLINS, OLORADO
THIS DAY OF IV 1� 1t �x , A.D., 204.
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ENGINEER
RL—F&MYORS ff-A-7WRE,_
I, RICKY J. LEWIS, 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.
/I \ W 1
RICKY J. LEWWS v
COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR #25372
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BY: HOWES/CANYON LLC - OWNER _ aOTAy`
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OF
STATE OF COLORADO )) S.S.
COUNTY OF LARIMER )
THE FOREGOING DEDICATION WAS ACKNOWXI EDGED BEFORE ME THIS A DAY
OF YM,GLCCA . A.D., 20 0tA BY r A4%.dr't•l
MY COMMISSION EXPIRES 06 QJ�' lA04 IA JwtJl _ �A
NOTARY PUBLIC
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