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HomeMy WebLinkAboutTESTA - Filed S-SUBDIVISION PLAT - 2007-09-04r-1 UMN CNI STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all men by these presents, that the undersigned, being owners of the following described land A portion of land located in the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Lorimer County, Colorado more particularly described as follows: Legal Description: A portion of Tract 7, EAST ACRES SUBDIVISION, public records of Lorimer County, Colorado, being more particularly described as follows: Considering the East line of Tract 7, EAST ACRES SUBDIVISION, public records of Lorimer County, Colorado, to bear N 00'00'33" E with all bearings contained herein relative thereto. COMMENCE at the Northeast comer of Section 24, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Lorimer, Colorado; thence run S 00'00'33" W along the East line of the Northeast 34 of said Section 24 for a distance of 495.00 feet; thence leaving said East line run N 89'59'00" W for a distance of 30.00 feet to the Northeast Corner of Tract 7, EAST ACRES SUBDIVISION, public records of Lorimer County, Colorado, said point being the POINT OF BEGINNING; thence run S 00'00'33" W along the East line of said Tract 7 for a distance of 87.08 feet; thence leaving said East line run S 82'09'43" W along the Northerly line of Lot 2, REPLAT OF SPRING CREEK MEADOWS ON SPRING CREEK, said Public Records of Lorimer County for a distance of 169.83 feet; thence run N 00'02'43" E along the boundary of said Lot 2 for a distance of 110.32 feet to the North line of the aforesaid Tract 7; thence run S 89°58'17" E along said North line of Tract 7 for a distance of 168.17 feet to the Point of Beginning. Containing 16,601 sq. ft (0.381 acres) more or less and being subject to any easements or rights of way of record Have caused the above described land to be surveyed and subdivided into lots, tracts, streets and easements as shown on this plat to be known as TESTA SUBDIVISION, 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 maybe 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 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 monitory 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 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 DOCUMENTS 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. NOTICE 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 plot shall be bome 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. PLANNING APPROVAL By the Direct PI nnid a City of Fort Collins, Colorado, this 23r' J L day of �SA*L , A.D., 200-7 of Planning OF...rtrCQ V° SEAL APPROVED AS TO FORM, CITY ENGINEER: �OLORA�" RD A s t/ q the ityy En ' eer the City of Fort Collins, Colorado, this _� _day of ___%��u T_ A.D., 2001 City Engineer NOTICE; According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. f \2000+\2007\07050\dw9\07050f2 Awg Augue 00. 2007 — 2'54pm REVISIONS Field Date 4/23/07 ST n/a Date 07/24/07 By—MBB Description Revised per City comments Date 06/15/07 By JJH Description Revised per City comments Party Chief TEW PM JJH Date 05/17/07 By MBS/JJH Description add/rev final monument labels Scale 1"=20' PLS MBS CLIENT Final Plat of TESTA SUBDIVISION Being a replat of a portion of Tract Seven, EAST ACRES, lying in the Northeast 1/4 of Northeast 1/4 of Section 24, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado / RJL LS 25372 I I Lot 2 REPLAT OF SPR/NC CREEK MEA00145 ON SPRING CREEK trot ix/uded 0.5" bent iron rod no cap' E 0.25', N 2.27' I I By. John By. Nanc STATE OF COLORADO) EAST ACRES TRACT 6 POINT OF COMMENCEMENT Northeast corner of Section 24—T7N—R69W-6PM I IOC e� I I3o existing 40' right—of—way_ per deed � LS 5028 I POINT OF BEGINNING 17 NE Comer of Tract 7 I S 89'58'17" E 168.17' 1 2'81 N 9939 i20" W o 'a 14.00' 7.00' 30.00' v vi ;�f S 89*58'17- E 45.13' 7.0' witness existing comer right—of—way Wper plat of 0 0 East Acres 0 v1 S 8T58'17" E 45.13' �I 01 I m �a O.. a a, a v o aD r � 0 0 a 1 o w M m u Lot > Tii o � . 14f,7t2 sq. f/ v 0 0 _T4 orres h 15' UE o w co ° O p W S84'3= �16'13'E "E ° 01 110 0 m 43.02' �� 40 rn C\p� O 45.63� �� S85'46'39"E S 89'57'27"E o °O 39.18' O 20.07' iv z Natural Area Buffer ao OE vi N a OE ui 0.96' .00 15.24 5.0' witness comer LS 25372 S 820!09'43" W 169.83' existing 50' right—of—way per plat set 5/8" rebor Ar cap LS 32444 Lot 2 REPLAT OF SPRING CREEK MEADOWS ON SPRING CREEK not ix/uded r — Lot I REPLAT OF SPRING CREEK MEAOOWS ON SPR/NC CREEK )SS COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this _a_ day of 2010bY John B. Testa and Noncee L Testa. Witness my hand and official seal. My Commission expires r ••; yPaOFA �/NQ�s 4s t �OTAq` L i NJt q,_ G n : r �BLI 03*^o sa of co�oP•_,o�' John Testa Notary Public Address I East 1/4 comer of Section 24—T7N—R69W-6PM Scele 1 inch = 20 feet 20 0 10 20 40 0 —denotes set 0.5" iron rod and 1.0" yellow plastic cap marked "Frederick 32444" —denotes found 0.5" iron rod and 1.0" yellow plastic cap marked as shown O —denotes set 0.5" iron rod and 1.5" aluminum cap marked "Frederick PLS 32444" UE —denotes utility easement DE —denotes drainage easement EAE —denotes emergency access easement Notes: — Property address is 1635 South Lemay Avenue, Fort Collins, CO. — No title information provided at the time of this survey. It is possible there are recorded and unrecorded documents which may affect the boundary of this property. — Bearing ore based on the East line of the parcel as bearing N 00'00'33" E. — One lot is being created. — Acreage = 16,601 s.f. / 0.381 acres — Refer to Section 3.4.1(E) for allowable activities within a buffer zone. Vicinity Map ATTORNEY'S CERTIFICATION SURVEYOR'S CERTIFICATION I hereby certify that this Subdivision Plat has been duly executed as required pursuant I, M. Bryan Sh Registered Professional Land Surveyor, do hereby state that this to Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins Subdivision 1��r P d�`V147 rom on actual survey under my personal supervision, that the and that all persons signing this Subdivision Plat on behalf of a corporation or other entity are monuments P�i ted n were found or set as shown, and that the forgoing plat duly authorized signatories under the laws of the State of Colorado. This certification is based is an acc t8 gL2sentn eof, all this to the best of my knowledge, information and belief. upon the records of the Clerk and Recorder of Lorimer County, Colorado as of the date of .e l !' execution of the plat and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2. (C)(3)(f) of the Land Use Code.' ° ATTORNEY: S C_� _— -- M. Bryan ofado , 444 -01 ©%I� ST ADDRESS: a°r�nep"9 _ roR-T (VL-t�INS cv 8D�2� ------------------- — -------- 1Z%qL! REGISTRATION NO.: _ Frederick Land Surveying, Inc. � TITLE Final Plat 6853 North Franklin Avenue, Loveland, Colorado 80538 TESTA SUBDIVISION Phone: (970) 669-2100 Fax: (970) 669-3725 Section 24, Township 7 North, Range 69 West, 6th P.M., Fort Collins, CO PROJECT NO. 07050.002 T-60 I SHEET NO. NO. OF SHEETS 1 1 2519