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HomeMy WebLinkAboutCHOICE CENTER - Filed S-SUBDIVISION PLAT - 2011-11-10BEING APPLICANT do FUTURE OWNER: PLANNER: CAPSTONE DEVELOPMENT CORP. JIM SELL DESIGN, INC. 431 OFFICE PARK DRIVE 153 WEST MOUNTAIN AVE. BIRMINGHAM, AL 35223 FORT COLLINS, CO 80524 CURRENT AND FUTURE OWNER: ENGINEER: JOHNSON INVESTMENTS, INC. JVA, INCORPORATED 126 WEST HARVARD STREET, SUITE 2 25 OLD TOWN SQUARE, SUITE 200 FORT COLLINS, CO 80525 FORT COLLINS, COLORADO 80524 CURRENT OWNER: SURVEYOR: KELLY C. BROWN NOLTE ASSOCIATES, INC. 801 E. ITKIN FORT COLLINS, CO 80524 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL, COLORADO 80112 STATEMENT OF OWNERSHIP AND SUBDIVISION: KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING OWNER OF THE FOLLOWING DESCRIBED LAND LOCATED 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 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 3, FOX SHOPPING CENTER SUBDIVISION, THENCE NORTH 89'38'48" WEST, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 5.52 FEET TO THE WEST LINE OF THAT PARCEL DESCRIBED IN RULE AND ORDER RECORDED AS RECEPTION NO. 96079001, SAID POINT BEING THE POINT OF BEGINNING; THENCE THE FOLLOWING SIX COURSES ALONG THE WESTERLY AND SOUTHERLY PERIMETER OF SAID PARCEL: 1. THENCE SOUTH 00'01'23" EAST, A DISTANCE OF 69.06 FEET TO THE BEGINNING OF TANGENT CURVE TO THE RIGHT; 2. THENCE 17.21 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 602.50 FEET, A CENTRAL ANGLE OF 01'38'12", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 00'47'43" WEST, 17.21 FEET; 3. THENCE SOUTH 01'36'49" WEST, A DISTANCE OF 47.51 FEET; 4. THENCE SOUTH 4631'40" WEST, A DISTANCE OF 8.57 FEET; 5. THENCE SOUTH 00'00'10" WEST, A DISTANCE OF 8.43 FEET; 6. THENCE SOUTH 88'34'02" EAST, A DISTANCE OF 9.60 FEET TO THE WEST RIGHT OF WAY OF COLLEGE AVENUE; THENCE SOUTH 01*25*44" WEST ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 24.88 FEET, THENCE SOUTH 00'02'16" EAST ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 312.34 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED AS RECEPTION NO. 90005700 AND RE -RECORDED AS RECEPTION NO. 90027872; THENCE THE FOLLOWING THREE COURSES ALONG THE PERIMETER OF SAID PARCEL; 1. THENCE SOUTH 89°49'03" WEST ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 105.07 FEET; 2. THENCE SOUTH 00"02'18" WEST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 146.86 FEET; 3. THENCE NORTH 89'50'51" EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 105.26 FEET TO THE WEST RIGHT OF WAY OF COLLEGE AVENUE; THENCE THE FOLLOWING FIVE COURSES ALONG THE WEST RIGHT OF WAY OF COLLEGE AVENUE: 1. THENCE SOUTH 00'02'16" EAST, A DISTANCE OF 86.39 FEET; 2. THENCE NORTH 89'57'44" EAST, A DISTANCE OF 3.00 FEET; 3. THENCE SOUTH 00'02'16" EAST, A DISTANCE OF 78.00 FEET; 4. THENCE SOUTH 89'57'44" WEST, A DISTANCE OF 3.00 FEET; 5. THENCE SOUTH 00'02'16" EAST, A DISTANCE OF 36.39 FEET; THENCE NORTH 89'39'12" WEST, A DISTANCE OF 227.96 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3; THENCE LEAVING SAID SOUTH LINE OF LOT 3, SOUTH 00'23'51" WEST ALONG THE EAST LINE OF LOT 1-B, REPLAT OF A PORTION OF SPRING COURT SUBDIVISION EXTENDED NORTHERLY, ALONG THE EAST LINE OF SAID LOT 1-B AND ALONG SAID EAST LINE OF SAID LOT 1-8 EXTENDED SOUTHERLY, (PASSING THE NORTHEAST CORNER OF SAID LOT 1-B AT 1.38 FEET) A TOTAL DISTANCE OF 263.59 FEET TO THE SOUTH LINE OF LOT 2, SPRING COURT SUBDIVISION; THENCE NORTH 8936'51" WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 307.51 FEET TO THE EASTERLY RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD; THENCE THE FOLLOWING THREE COURSES ALONG SAID EASTERLY RIGHT OF WAY; 1. THENCE NORTH 06'12'38" EAST, ALONG A DISTANCE OF 532.67 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; 2. THENCE 503.62 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 4573.35 FEET, A CENTRAL ANGLE OF 06'18'34", AND BEING SUB -TENDED BY A CHORD WHICH BEARS NORTH 03°03'21" EAST, 503.37 FEET; 3. THENCE NORTH 00'05'56" WEST, A DISTANCE OF 89.61 FEET TO THE SOUTH LINE OF THAT PARCEL DESCRIBED IN DEEDS RECORDED AS RECEPTION NO. 20050079268 AND REC. NO. 87024425; THENCE THE FOLLOWING FOUR COURSES ALONG THE SOUTHERLY LINE OF SAID PARCEL; 1. THENCE NORTH 89'40'38" EAST, A DISTANCE OF 55.15 FEET; 2. THENCE SOUTH 45'27'16" EAST, A DISTANCE OF 67.77 FEET; 3. THENCE SOUTH 81'48'40" EAST, A DISTANCE OF 104.13 FEET; 4. THENCE NORTH 01'11'13" EAST, A DISTANCE OF 35.13 FEET TO THE SOUTHWEST CORNER OF LOT 2, FOX SHOPPING CENTER SUBDIVISION; THENCE SOUTH 89'38'48" EAST, ALONG THE NORTH LINE OF SAID LOT 3, FOX SHOPPING CENTER SUBDIVISION, A DISTANCE OF 244.11 FEET TO THE POINT OF BEGINNING. THE ABOVE TRACT CONTAINS 453,154 SQUARE FEET OR 10.403 ACRES, MORE OR LESS. THE UNDERSIGNED HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED AND SUBDIVIDED INTO LOTS, BLOCKS AND STREETS AS SHOWN ON THIS PLAT TO BE KNOWN AS CHOICE CENTER, 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 OWNERS HEREBY WARRANT AND GUARANTEE 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 OWNERS 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. CHOICE CENTER A REPEAT OF A PORTION OF LOT 3, FOX CENTER SHOPPING CENTER, LOT 1B REPEAT A PART OF LOT 1 OF THE SPRING COURT SUBDIVISION AND A PORTION OF LOT 2, SPRING COURT SUBDIVISION, LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO REPAIR GUARANTEE: IN CONSIDERATION OF THE APPROVAL OF THIS FINAL PLAT AND OTHER VALUABLE CONSIDERATION, THE UNDERSIGNED OWNERS DO 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 OWNERS WARRANT 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 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. WITNESS OUR HANDS AND SEALS THIS ^+L DAY OF 5*45 , 2011. ACKNOWLEDGMENTS JOHNSON INVESTMENTS, INC., A COLORADO CORPORATION BY: STATE OF COLORADO) )SS COUNTY OF LARIMER) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS+� DAY OF _ BY LENS MELVIN JOHNSON AS PRESIDENT OF JOHNSON INVESTMENTS, INC., A COLORADO CORPORATION. WITNESS MY HAND AND OFFICIAL SEA/L. MY NOTARY COMMISSION EXPIRES � �6 Tlr'�ti�r� ) . Ik caw �,�-' NOTARY PUBLIC Afthk COMPANY BY: ACKNOWLEDGMENT (CONTINUED) KELLY C. BROWN BY: STATE OF COLORADO) )SS COUNTY OF LARIMER) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF Pam. 2011, BY KELLY C. BROWN. WITNESS MY HAND AND OFFICIAL SEAL. MY NOTARY COMMISSION EXPIRES ATTORNEYS CERTIFICATION: I HEREBY CERTIFY THAT THIS 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 EXAMINATION OF 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(C)(3)(F) OF THE LAND USE CODE. /o,q- I I ATTORNEY 1 2.` REGISTRATION NO. ICI % APPROVED AS TO FORM, CITY ENGINEER: BY THE CITY ENGINEER OF THE CITY OF FORT COLLINS, COLORADO THIS � 1sr DAY 2011, OF 6C� ON" A.D. 2011. � FORTS N `Al' ASSISTANT VICE PRESIDENT (TITLE) STATE OF COLORADO) )SS COUNTY OF LARIMER) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 2011, BY JEFF JIRON AS ASSISTANT VICE PRESIDENT OF GUARANTY BANK AND TRUST COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY ^rsm*; sial Noire, - MY NOTARY COMMISSION EXPIRES2nLbaa a ift�NOTARY PUBLIC CAPSTONE DEVELOPMENT CORP., AN ALABAMA CORPORATION BY: L. JEFF JONES EXECUTIVE VICE PRESIDENT (TITLE) STATE OF ALABAMA) )SS COUNTY OF JEFFERSON) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS Z� DAY OF a - 2011, BY L. JEFF JONES AS EXECUTIVE VICE PRESIDENT OF CAPSTONE DEVELOPMENT CORP., AN ALABAMA CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL. MY NOTARY COMMISSION EXPIRES NOTARY PUBLIC (ACKNOWLEDGEMENTS CONTINUED NEXT COLUMN) iJCITY gNG* PLANNING APPROVAL: BY,,THE HE DIRECTOR OF PLANNING OF THE CITY OF FORT ;7_ DAY OF 1„[S,. a A.D. 2011. SEAL DIRECTOR OF SEAL: LAND USE BREAKDOWN: THERE ARE 4 LOTS PROPOSED, RANGING IN SIZE FROM APPROXIMATELY 1.1 ACRES TO 6.7 ACRES. THE PROPOSED LAND USE IS FOR A MIX OF RESIDENTIAL AND RETAIL WITH LOT 1 BEING RESIDENTIAL, LOT 2 BEING RESIDENTIAL AND RETAIL, AND LOTS 3 AND 4 BEING RETAIL. NOTES: 1. FOR ALLOWABLE USES WITHIN A BUFFER ZONE, REFER TO SECTION 3.4.1 OF THE LAND USE CODE. 2. EASEMENTS AND RIGHTS OF WAY SHOWN AS "TO BE VACATED BY SEPARATE PROCESS" OR "VACATED BY SEPARATE DOCUMENT" WILL BE VACATED PRIOR TO FINAL PLAT BEING RECORDED WHERE POSSIBLE. PUBLIC EASEMENTS AND RIGHTS OF WAY WILL BE VACATED VIA A PUBLIC PROCESS. PRIVATE EASEMENTS WILL BE VACATED BY SEPARATE DOCUMENT. 3. OFF -SITE EASEMENTS SHOWN AS "TO BE DEDICATED BY SEPARATE PROCESS" OR "DEDICATED BY SEPARATE DOCUMENT" WILL BE DEDICATED PRIOR TO FINAL PLAT BEING RECORDED. PUBLIC EASEMENTS WILL BE DEDICATED VIA A PUBLIC PROCESS. PRIVATE EASEMENTS WILL BE DEDICATED BY SEPARATE DOCUMENT. 4. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST, SAID LINE BEING MONUMENTED AT THE NORTHEAST CORNER OF SECTION 23 BY A FOUND 3 INCH ALUMINUM CAP STAMPED "LS 17497, 1991"IN A MONUMENT BOX AND AT THE EAST 1/4 CORNER OF SECTION 23 BY A FOUND 2-1/2 INCH ALUMINUM CAP STAMPED "LS 17497, 1991" IN A MONUMENT BOX, WITH THE LINE CONSIDERED TO BEAR SOO°02'16"E. 5. LAND TITLE GUARANTEE COMPANY COMMITMENT NO. FCC25088855-7 DATED SEPTEMBER 9, 2011 AND COMMITMENT NO. FCC25088856-14 DATED SEPTEMBER 9, 2011 WERE RELIED UPON FOR INFORMATION REGARDING EASEMENTS AND ENCUMBRANCES OF RECORD IN THE PREPARATION OF THIS PLAT. 6. PLEASE REFER TO ALTA/ACSM LAND TITLE SURVEY PREPARED AS JOB FCB0254 FOR ADDITIONAL DETAILS REGARDING THE FOLLOWING ITEMS: A. THE TIRE SHOP OVERHANG EXTENDS INTO THE AIRSPACE OF LOT 3. B. THE NORTH WALL OF THE 1635-1681 SOUTH COLLEGE BUILDING EXTENDS INTO LOT 2, FOX SHOPPING CENTER SUBDIVISION. C. THE SOUTH LINE OF LOT 3, FOX SHOPPING CENTER AS MONUMENTED AND AS PLATTED DO NOT AGREE. QUIT CLAIM DEEDS ARE BEING PURSUED TO RESOLVE THIS DISCREPANCY. D. THE EAST LINE OF THE COLORADO AND SOUTHERN RAILROAD RIGHT OF WAY AND THE WEST LINE OF THE SUBJECT PROPERTY AS PLATTED AND AS MONUMENTED DO NOT AGREE. (NOTES CONTINUED NEXT COLUMN) OF NOTES (CONTINUED): UNIVERSITY AVE. r_ D ❑ GAR ELD ST. ❑ EDW DS ST. Q W. PITKIN ST. < ❑ E HIGH SCHOOL LU PARK W N W. LAKE ST. vi LAKE ST.a w W:PROSPECT RD []E. EPROL[jCL a❑ O N O F 15r PA ER T. [jLjE:1E:1 FIE] U LtLjo 0E. STUART U (A VICINITY MAP NOT TO SCALE 7. FLOOD INFORMATION: THE SUBJECT PROPERTY IS LOCATED IN ZONE AE AND AE-FLOODWAY, IN THE 100-YEAR FEMA REGULATORY FLOODPLAIN WHERE BASE FLOOD ELEVATIONS HAVE BEEN DETERMINED; IN ZONE AD, IN THE 100-YEAR FLOOD ZONE WITH FLOODING DEPTHS OF 2.0 FEET; AND IN ZONE X, THE AREA OF MINIMAL FLOODING, ALL ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAPS, COMMUNITY PANEL NO. 08069CO979G, EFFECTIVE DATE JUNE 17, 2008 AND COMMUNITY PANEL NUMBER 08069CO987F, EFFECTIVE DATE DECEMBER 19,2006. 8. BENCHMARK: C-322, MARKED "C-322 RESET 1959" LOCATED IN THE NORTHWEST WINGWALL OF THE BRIDGE FOR COLLEGE AVENUE OVER SPRING CREEK; ELEVATION:4986.22 FEET, CITY OF FORT COLLINS DATUM (NGVD 1929 - UNADJUSTED). 9. VISIBLE SURFACE EVIDENCE OF UNDERGROUND UTILITIES WAS LOCATED FEBRUARY 29-MARCH 13, 2008. UNDERGROUND UTILITIES SHOULD BE FIELD LOCATED BY THE APPROPRIATE AGENCIES PRIOR TO ANY DIGGING OR CONSTRUCTION ON OR ADJACENT TO THE SUBJECT PROPERTY. 10. THE SUBJECT PROPERTY IS ZONED C - COMMERCIAL PER THE CITY OF FORT COLLINS ON-LINE ZONING MAP. 11. ALL ACTIVITIES IN THE CURRENT EFFECTIVE FLOODPLAIN AND FLOODWAY ARE SUBJECT TO THE REQUIREMENTS OF CHAPTER 10 OF THE CITY MUNICIPAL CODE. 12. NO STORAGE OF MATERIALS OR EQUIPMENT IN THE FLOODWAY BEFORE, DURING AND AFTER CONSTRUCTION. 13. ALL ACTIVITIES IN THE FLOODPLAIN AND FLOODWAY MUST BE PRE -APPROVED THROUGH FLOODPLAIN USE PERMITS AND NO -RISE CERTIFICATIONS. NO CERTIFICATE OF OCCUPANCY WILL BE ISSUED WITHOUT NO -RISE RE -CERTIFICATIONS AND FEMA ELEVATION CERTIFICATES. 14. LANDSCAPE CHANGES IN THE FLOODPLAIN AND FLOODWAY MUST BE PRE -APPROVED THROUGH FLOODPLAIN USE PERMITS AND NO -RISE CERTIFICATIONS. 15. LINEAR UNITS ARE IN U.S. SURVEY FEET. 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 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. SURVEYORS STATEMENT: I, CHARLES BERESFORD, A COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY PERFORMED BY THIS FIRM, THAT THE MONUMENTATION AS INDICATED HEREON WAS 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. CHARLES BERESFORD DATE COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR 35583 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU DISCOVER SAID DEFECT. IN NO EVENT MAY ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. cc w Immm LU 0 W 0 U v a a 0 �m=_o aoo man$ O U « p o 0 dLo$ N !V r - m ��o 2 a@' o _u n 41 N a= L �$oE x g5 0 NOLL=nvo 0 Q 0 H0 J V cA J Z Q Z J LL 0 U MrM 0 U. SCALE VERTICAL• I NA HORIZONTAL I- NA Z 1 W {> G H co d V W < W d C-171 2625 L0 r0 N EXISTING ZON G . LMN LOW DENITY MIXED USE NEIGHBORHOOD N I I.C. BRADLE S ADDITIONLd 1 I LOT 9 LOT 10 LOT 11 LOT 112 II a - - I - - - - L NE CORNER SEC. 23 FND 3" ALUM. CAP LS 17497, 1991 A IN MONUMENT BOX I` w EXISTING ZONING: LMN - LOW DENSITY MIXED USE NEIGHBORHOOD I w N YQVANOFF, KAREN, ROBERT II I THE BAILEI( COMPANY, LLLP LOT 1 I LOT 2 ~ REPLAT OF REPLAT OF LOT 14, MAYNARD LOT 1, MAYNARD LOT 2, MAYNARD- MAYNARD SUBDIVISION MAYNARD SUBDIVISION LOT 5, MAYNARD N - - - BASIS OF BEARINGS S 00'02'16" E 2646.97' (M) 264ZO2' (R) E. LINE NE 1 /4 SEC. 23 COLLEGE AVENUE (HIGHWAY 287) (100' ROW) FOUND /5 REBAR, S 89.49'03• W. S00102'160E 312.349 0 O FOUND 1• TAG, LS. 31161 N 89'50'51• E, 0.38' MATHEMATICAL 1/16 CORNER W 3 w* n FOUND 1' TAG LS. 31161 �i w: p M Q� igSO0002'l6:.7 S 5118'37• E, 0.41' . A 00 Z , I SOO'02'160E 86.39' LEGEND FOUND ALIQUOT CORNER, AS DESCRIBED 0 FOUND MONUMENT, AS DESCRIBED 1 FOUND #5 REBAR, 18" LONG WITH 1 INCH RED PLASTIC CAP STAMPED "L.S. 31159" UNLESS OTHERWISE DESCRIBED 17 FOUND BRASS TAG STAMPED "LS 31159" 9 SET BRASS TAG STAMPED "LS 35583" ■ SET #5 REBAR WITH 1 INCH ORANGE PLASTIC CAP STAMPED "NOLTE PLS 35583" NE COR. SPRING COURT SUBDIVISION SE COR. (FSC) E 1/4 CORNER SEC. 23 FND 2 1/2" ALUM. CAP LS 17497, 1991 IN MONUMENT BOX i I� L48 PRIVATE J , 14:1 I r \ I I c z ..1 CROSS ACCESS EASEMENT f n o, n o I I \'\\ I• / CROSS ACCESS 8 y j ROW DEDICATED - ^ F m �L W� . (REC. N0. 90005701) BY THIS PLAT O; 3 0;. o 'n c V5p,30' z J O PARKING EASEMENT I", z„ I I Y / FOR nRE STORE 9,057 SF 8 _#�'� ovi 3 �, � 5 • `1 - SOOroO'S9'E 17asz' (REC. N0. 90005701) �,5/ �0ti 3 It EXCEPTED 4 LL �■ ! 8,- (0 "I I i� a 000 Q AE & EA A/ M• (REC. NO. 90005700) I I� m n I z U J o cn•r?OM- ZSooroo59 E 176_97' p O (REC. NO. 90027872) 1 •a * Q N p i -' OW� o woffyEXISTING ZONING: ZONE X �� I ���w M � •• N� moo w x N� oc,5 m■ mNo H 0 Q U Q �' 1 Zip CU ■ ' ow=6 C- COMMERCIAL ■ 0• I I p LaJ z 0 I wc� w z o o z m/704-/739 0 ► i_ 15.35'x39.16' TCE E AE N w v a z ' `� z F U~ Fr� } ■ 0 W-HALLE-VON VOIGTLANDER ZON I.I F Z a Ln0 Lu O (TO BE DEDICATED BY '� iYLOT 3 N S ooro218 W= ==SEPARATE DOCUMENT) �J Q I i GO ` - N V)� I w (, O a W O N w /, Q N w '� o o l \ �! m d I p �( Jay N X d X Nwp� I 49,607 SF 20' UE !1 3 p' I m a c j Qf Ow »Inl 1.139 ACRES C/L WATER LINE EASEMENT (NO � I; - - - •�• J LOT 2 � Z 1= It WI oo tK !I� - - - - - •••• , - �I / \ igl I WDTH STATED - BK 1394, PC. • J I y JI 760) TO BE VACATED BY W o PRIVATE ��� -� 48,782 SF Ip W F) �,,,00 IN ��• SEPARAIE DOCUMENT , "dfi 5' • / 1.120 ACRES m p m1 z WmI rn U11LlIY EASEMENT 1 N I s I ZONE X , ra (REC. NO. 90027873) /00 � r1• r1• m 0D TO BE VACATED BY EXISTING ZONING: C -COMMERCIAL ` 1 I �' _ _ - - _ - ZONE AO U1 SEPARATE DOCUMENT I I L71 I - NNIN 1 1� 1A 50005,56.E �" L861► w? ^� / I }w 2D-1E.79-' - N1. -.Fy 9. w~awo 22. I N L100 L64Q. !U_ 40& m L69& UEL54 N00'4'W73/£ p m U $go�o UE LvDE 8 UE OF & UEo L78 74 � mL63---------- i - - - - - - - --------m-46-' ---------------- s 0067 07 °N248.21' ROAR, BET 314.90' i I i Ln \ S00'07'07"E • 802.38' 30' EA, PA, DE UE 04 ;O 8a m =ffJ ' w �• a CHOICE CENTER DRIVE m S Nq 00'23 51 W N I'X' �;,� L7s 66•41' �, I/ QZ� s PRIVATE OR/l•£ 10' UTILITY EASEMENT RSC W;U 263.59' I /e L28 ____ � 42 �'18 __-___-__ _______-_NOOro70YW- 522.{4' .7 ( ) FWND i5 REBAR x �- �_ - ----------------------------------- L23 L79 W/2.5 ALUMINUM UE /JP �� ��, S00'23 51 "W' U£ I� ' I C CORNER s W2 O PO.. � LE G�` n I \ �94.31, - mzo.00� 27' AE 'l CAP LS. 37889. y /� � CORNER "T 30.56' \?? 7 I �m ,4V . `V / N43 58'E W h n ^ \�� � \ - E 1 0 ' J I m n \/ I 3. P ; (CHOICE CENTER M - - - Z - - - - ' - - UE (UTILITY EASEM (FSC) i_ J /� ��/ e •s ° OR/VE) �'u I 20' EA, AE DE UE - tot:..] � � ~�•� �g '4r�tt. $�a� yi " I ______ ______ I S00Se 90Q0E� I n `osa U / L75 \ W •� W ���,Pp �\ W IM1ry Z„ uoe� M ,O� I I �• ti0 ZONE AE e. w �;U / Irn I ojl/ \�'� I c59I I �, I gyp% / I '�.�/0' I G �� W I C$ �" ,e I nI t1_ P/ °// / W I 2" $R o I o Y Q ti0 _ I Nn I<yJ 'W �� _ I / �i /, I �I I _� �� �� ZONE AE-FLOODWAY �� �� I? /I \ ��'� I / m a o'W T H) LI - W a x3 g" 8 j W 3r /o� O � I c66 �0 cs1 ce7 c 057 Ce9 I I�aft i I J 1 I O X Z CD N Q uJ .p ,��`'p,DE C90 p Z I I I N S V' I /4 -to I �� �j� A\ I I I C6 ry G66 C107 i m I, IK 4i i W mom[Q�� J� I a0 �i J O N iF- o o LL m 5 � I r I I m I / I 1 / �,F\.0� F I O LOT 1 of C69 A PORTION OF LOT 3 cloa of I 2 ■ W I I / 10 °N° I� z - I Log W c6 c C70 FOX SHOPPING e p I p� OCL Om 111: Log ` �, PE / / I. c71 aD5 I I I 8. N �. I I a M d wU I: N �!! \ • �QN �� 293 657 SF C73 CENTER SUBDIVISION cal $� I O ow a r0 \ o \ i / $ C6 6.741 ACRES c c104 wzz- Pok'J�I �� �� \-- --/ a°i/ I$ �62 G74 EXISTING ZONING: C1D3 \ Q. / 4t I I o Z J (7 �• a N64'26'38 E 1.29' C82 C75 C - COMMERCIAL cto2 \ I I *,\ - W.W.i Q U j 11t /� \ _ N / I I S82'35'32•E 0.92' C78 `l - _ _ _ - _ _ _ _ _ _ / d' - �f \ i G,G, Ci L17 -G� •mac,. + r, I O / ,ot. - - L20 - - _ ! n 33.00' C59 n C61 C77 C100 C92C93 I \ . I _ 20' EA, AE, OF & UE O' oI LLI W/ORANGE PLABS f ��� �'� C58 '� C C78 S66.26'28•E 7.93' C9C95 Z I \ �- _ _ _ - - L13 - - _ _ _ N Q CAP L.S. 25372 I C57 C58 C79 m -C7 -- C I I \I W - - J w L-33.01' �- -- -- CB w w Q 8 I500'OS 56'E61'TT �- �5 � ry M_ a C4 �� ` �L8 •J° 5,�12 `W I tea+ I� I 78.11' 34.60' / 145.e1- J I Z U Q' rS) r < a I 179.41' �.�o - I Y o: F Z W g o 10' DE SLOPE AND s oon4'34 W zsa72' C97 C96 �� / Ln N �' / 8 N ZO g MS F4 �� UNITY EASEMENT n r X R.N. 201 f0052977 u�i C98 I I z I LOT 1 I I LO :F� I wN0 i zm - - DE } wI W n I v �W/ORNANGE PLASTIC N 00'05'56" W CAP L.S. 25372, 89.61' N 89'40'38• E. 1.19' HELD ONLY FOR NORTH LINE 3 EXCEPTED w7MMS CPL VA _- (REC. NO. 96079001) B TT 4,,882 SF F4N NECORNERiER •01'2?*E 1 FOUND /4 REBAR $ W/ ORANGE PLASTIC `" GAP, 502 �_ Sol •36'49'W°'• INTL.SO � � y o 0.41' INTO ROW .0 ROW ZOO 69.06 Cl 47.51' N89'38'48"W 5.52' _Z pin N Z O Z06 Z c3 sNuF S m p�,s &crp8 J CC Z q 4 s = W a 0 cD FL 0 O N ZU W w L_ N U N I- OU O N x LLJ U FOUND /5 BAR, BENT, ON NORTH LINE S 89'3W48• E. 46.84' FOUND /5 BAI W/ RED PLASTI CAP, ILLEGIBL S00'00'10"W 247 OB' V L4s71AMUar' ;,, 1 81.55' 1- r$ � = £X/S7WG ROW l SEE ROW DETAIL �yh/ 50018.12•W 151.65' 20' EA, AE & DE R C� -Nma'12*E-- Ise.er3' UTILIT (REC. NO. 9-14W59) /635- /68/ VACATED BY TiIMS PLAT LS• I I� i A PORTION OF LOT 3 I I^ a FOX SHOPPING I x CENTER SUBDIVISIONIwI M LOT 4 I" 47,169 SF C/L WATER LINE EASEMENT NID7H STATED - BK 1394, PG. I (c 1.083 ACRES 760) TO BE VACATED BY SEPARATE DOCUMENT I 22' L82 ILB4 -� oUE - i7i' -' � 35./ohsFOUND 126.7Y L93LJ9 C��014 BAR .= v M 1 PRIVATE 153 31' - _ FOUND ND #4 RELA�.snc I < I w 293,657 SF `• 0 } w _ CAP, ILLEGIBLE a I DE 6.741 ACRES �' m 0 o I N04'56'27 E, 20.50' 10' np 1.1 L5 I I Z a Of a.FOUND 1.5• ALUMINUM C2 M'EST EASEMENT R.N. ASEMENT �f-'I I ~ I a < ~ I L 10' US UfL ntnY CAP, L_s. 31181 99011674) 20110052977 N 03ro9'05• E. 23.79' EXISTING ZONING: FWND N REPLASnC FOUND �5 REBAR FOUNDEBAR _ 0 d I GRAN / O I W/ ORANGE PLASTIC CAP, ORANGE �SDC C� < 9 Ld N C -COMMERCIAL ZONE AE-FLOODWAY - N 57roa�� S. 0318 I ^ i or 37889 N 89.3421 w N 89•36e51 GNL W 10 I I W -ONNON OR I E AND NGR`IH LINE OF LOT 1 B LNrN�E OF LorFORBSOUTH U77LlTY NT ZONE X �� ■�� �� -� No6i2'38'E ,o UTILITY EASEMENT _ R.N. 201f0052979 $r _ \ (RSC) _ FOUNDI5 REBAR W/ I 37R PLASTIC CAP L.S. �I�I �� 532.67' - L N 89'36'51• W 091. COLORADO SOUTHERN RR �►� Sw COR (FSC) �� ; NE FOR ONLY SOUTH _ �t ZONE X NO6ro4'O7•E 034, OF PARCEL 2 (100' ROW) �i _ - _■ s"ueoi°RNaorRL"G cWRr ! ZONE AE-FLOODWAY OmanNoun snow �� �� mm� o _ Gomm noun _ _ mama GNOM _ NOUN mown ABBREVIATION LEGEND AE ACCESS EASEMENT DA DRAINAGE AREA DE DRAINAGE EASEMENT 8 20 40 p L21L81 EA EMERGENCY ACCESS EASEMENT O J PA PUBLIC ACCESS EASEMENT CO 0 ROW RIGHT OF WAY L79 c x TCE TEMPORARY CONSTRUCTION EASEMENT 1 inch - 40 ft 3 UE UTILITY EASEMENT EXI IGHT OF WAY WILE WATER LINE EASEMENT 2 SQUARE FEET (FSC) FOX SHOPPING CENTER SUBDIVISION (RSC) REPLAT OF A PART OF LOT 1 OF THE SPRING COURT SUBDIVISION cc w Z W V I� 0 Q0 a U J Z a- Z J O Ix U. K W W z SCALE VERTICAL: 1'= NA HORIZONTAL• 1- 40 r r r r O 0 W H co W I- < to J W O I. - co IL g W Ix IL W IL FCB02UN C-171 2625 C-171 2625