HomeMy WebLinkAboutPARK SOUTH COMMERCIAL PLAZA FOURTH - Filed S-SUBDIVISION PLAT - 2005-06-08[0,19
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P A SURDIVISIOX,PARKSOUTH COMM.ERCIAL FOURT"FILLVC
Being a Replat of Lot 2-B, Park South Commercial Plaza Minor Subdivision Second Filing
City of Fort Collins, County of Larimer, State of Colorado
(For Recording Purposes: Located In The NE1 /4 Quarter of Section 35, Township 7 North, Range 69 West, Of The 6th P.M.,
STATEMENT OF OWNERSHIP AND SUBDIVISION:
Know all men by these presents, that the undersigned, being owners of the following described land
Being a Replat of Lot 2-8, Park South Commercial Plaza Minor Subdivision, Second Filing, as recorded by
the Lorimer County Clerk and Recorder on November 14, 1996 as Reception No. 97034895, situated in the
Northeast Quarter (NE1/4) of Section Thirty—five (35), Township Seven North (T.7N.), Range Sixty—nine West
(R.69W.), of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Lorimer, State of
Colorado.
(Said described parcel of land contains 1.181 acres, more or less (t))
have caused the above described land to be surveyed and subdivided into lots, street and easements as
shown on this plat to be known as PARK SOUTH COMMERCIAL PLAZA SUBDIVISION, FOURTH 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 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 unrepoired 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 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 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 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.
NOTICE OF OTHER DOCUMENT
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 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.
In witness whereof, we have hereunto set our hands and seals this the r ! _ day of
.20 0.5.
Tidal Wave Car Wa81f, Inc,; o Colorado
By; ( `� As: President
Rhey Wright
NOTARIAL CERTIFICATE
STATE OF C ���L.d 0C )
ss
COUNTY OF Lc�kCyY V, f ) \
The foregoing instrument was acknowledged before me by - '4 L _ J '�_K ( q }
this day of 2011,
OLLI AYITIN-BELASKI
M commission expires �i NOTARY PUBLIC
Y p *TAT1 OF COLORADO
Witness my hand and official seal. / I (SEAL) ~eoP"owwwOO~
nu
Notary Public
NOTE: THE PRIVATE ACCESS EASEMENT MAY NOT BE VACATED
OR ALTERED WITHOUT THE APPROVAL OF THE OWNERS
OF BOTH LOTS.
MMITMENT N
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 Commitment No. H0011217-081—TM, dated April 5, 2005 as
prepared by First American Heritage Title Company to delineate the aforesaid information.
BASIS OF BEARINGS
BEGINNING at the Northwest comer of Lot 1, Park South Commercial Plaza Subdivision Third Filing and
assuming the North line as bearing S89.42'45"E a grid bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/92, a distance of 144.90' with all other
bearings herein relative thereto;
TE
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.)
ATTORNEY'S CERTIFICATION
'
I hereby certify that the foregoing Subdivision Plat has been duly executed as required pursuant to
Section 2.2.3 (C)(3)(o) 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 enti
ty 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 the Land Use Code.
Attomeyrr�,o-,.�.-.4 u%
Address
OD
Registration No. /
R'S STATEMENT
I, Lawrence S. Pepek, 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
monumentotion as indicated hereon were found or set as shown, and that the foregoing plat is
an accurate representation thereof, all th',ae�t of my knowledge, information and belief.
U:•......:
GO.,• ENCE S q
36
T
rence S. Pepek — On Behalf 0 Kim,^�rveyors,,lrf
olorado Registered Professional .'( SAND 5�
Land Surveyor #33642 ����`
APPROVED AS TO FORM, CITY ENGINEER
By the City EE�ineer of the City of Fort Collins, Colorado
this 2��"day of A.D., 2007
0 '
�A;4 ity E gineer V Ti
PLANNING APPROVAL
By the Director of P
this .do_yOf.
of the City of Fort Collins, Colorado
�y A.D., 20-05
VICINITY MAP
WEST HORSETOOTH ROAD
SITE
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2ND FILING
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CREGER PLAZA
2ND REPLAT 3
FOUND NAIL WITH A
BRASS TAG STAMPED
_ LS 23501
r,
to
50'
_WEST HORSETOOTH ROAD (100' - ROW)
50,
5' DEDICA7E0 R/CNT—GS— WAY
BY 7HI5 PLAT
S89042'45"E 144.90'
.92
144.
101/E
WIT
MANHATTA A N VENUE
LOTI
24,356 sq. ft.
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- FOUND NAIL WITH A
BRASS TAG STAMPED
LS 5028 — — —
5.00'
LOT 2-A
PARKSOV7NCO/YIMERCIAL PLAZA
SUBDIVISION
A utozom Inc. RRI0A7E ACCESS,
Parzel#973f16NO01 UALITY, DRAINAGE 11AL17Y
ct EMERGENCY EASEMENT
ACCESS EASEMENT
_ 590?7000 w — 107.70'
N90'00'00"W 145.76' '
S190 220 00 E ry J
3620 \� NI
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AVENUE I �� Io
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W I 0w>J LOT2
PLO I ESQ ^I 26,381 sq. ff. W Chi b, W
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SCALE IN FEET I �I �1-
g l 25 EASEMENT I O W
23.69 64 BS _ 20.00' 28.50
- - - - - - - - - - - - - - - - - - - - - - - - -IL------1-- ----�----
146.54
25'ACCES5 &
UALITY EASEMENT
OWNER/DEVELOPER:
RHEY WRIGHT
LOT 3—B
FOX HILL DRIVE
PARKSOUTHCOMMERCIAL PLAZA
FORT COLLINS, COLORADO 80526
PHONE: (970)481 -3349
SUBDIVISION
Campaoa Adventures, LLC
ENGINEER:
Pamel,Y97?.3779WI
NORTHSTAR DESIGN INC.
TRICIA KROETCH
700 AUTOMATION DRIVE
WINDSOR, CO. 80550
PHONE: (970)686-6939
FAX: (970)686-1188
SURVEYOR:
KING SURVEYORS, INC.
LARRY PEPEK
9299 EASTMAN PARK DRIVE
WINDSOR, CO 80550 PHONE:
PHONE: (970)686-5011
FAX: (970)686-5821
— — — — — EASEMENT
----- RIGHT—OF—WAY
PROPERTY LINE
R RECORDED
'.. P PLATTED
M MEASURED
UE UTILITY EASEMENT
LEGEND
N89'42'45"W 146.67'
FOUND YELLOW PLASTIC
25"ACCESS & CAP IN ASPHALT STAMPED
UALITY EASEMENT LS 30085
J----------
LOT 3—A
PARKSOUTNCOMMERCIAL PLAZA
SUBDIVISION
Campana Adventures, LLC
Pa 1#97RfI7,YW2
FOUND ALIQUOT CORNER
AS DESCRIBED
SET ALIQUOT CORNER
AS DESCRIBED
. FOUND MONUMENT
AS DESCRIBED
SET 24" OF #4 REPAR WITH A
ORANGE PLASTIC CAP STAMPED
KSI, LS 33642, UNLESS NOTED
OTHERWISE
0 CALCULATED POSITION
CURVE TABLE
CURVE
LENGTH
RADIUS
I DELTA
I CHORD
CH BEARING
C1
39.14'
25.00'
89'42'45"
1 35.27'
1 N45-08'38"E
C2
1 39.27'
1 25.00'
90'00'00"
1 35.36'
1 S45'00'00"E
LINE TABLE
LINE
BEARING
LENGTH
Lt
N90'00'00"W
11.32'
L2
S45'17'17"W
17.99'
L3
S0017'17"W
6.63'
DATE:
11/9/2004
FILE NAME:
2003417—ASUB
SCALE:
1"=30'
DRAWN BY:
KER
CHECKED BY:
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PROJECT #:
2003417—A
1
SECTION 35 -T.7N. - R.69W.
NOT TO SCALE
P-138 2427
SHEET 1 OF 1