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HomeMy WebLinkAboutPROVINCETOWNE FOURTH - Filed S-SUBDIVISION PLAT - 2012-01-04qw _I CL FINAL PLAT PROVINCETOWNE FILING FOUR MOM LA REPLLAT OF OUTLOT '^'9 PROOYONC E70WHE FOLONQ 7HREE LOO C &TCDD ON SEC790H 139 TOO WNSHOP (3 NORUH, RAG (RE (59 MIn CAST OF 7HE (37H PROMCOP&L HERMAN ON ME COTY OF FORT COLLONS, LARON R C OOUN7Vq COLORADO STATl1lNT OF 0�11111 ! AND SUIRFIF I IM KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING OWNERS OF THE FOLLOWING DESCRIBED LAND OUTLOT A, PROVINCETOWNE FILING THREE AS RECORDED UNDER RECEPTION NO. 20060088535 IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. THE AREA OF SAID OUTLOT CONTAINING 363,208 SF OR 8.338 ACRES. BASIS OF BEARINGS: THE SOUTHEASTERLY LINE OF OUTLOT A, PROVINCETOWNE FILING THREE, MONUMENTED ON THE NORTHEAST BY A REBAR WITH YELLOW PLASTIC CAP STAMPED: LS 37963; AND ON THE SOUTHWEST BY A REBAR WITH RED PLASTIC CAP STAMPED: LS 17662, ASSUMED TO BEAR S40'00'23"W A DISTANCE OF 236.38 FEET. THE UNDERSIGNED HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED AND SUBDIVIDED INTO LOTS AND TRACTS AS SHOWN ON THIS PLAT TO BE KNOWN AS "PROVINCETOWNE FILING FOUR", SUBJECT TO ALL EASEMENTS AND RIGHTS —OF —WAY NOW ON RECORD OR EXISTING OR INDICATED ON THIS PLAT. 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 WALL 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. 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. TITLE CONNIT M NOTE THIS LAND SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING, LTD. TO DETERMINE OWNERSHIP OF THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS, OR VERIFY EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY OR TITLE OF RECORD, JR ENGINEERING, LTD. RELIED UPON TITLE ORDER NO. FCC25103597 PREPARED BY LAND TITLE GUARANTEE COMPANY, DATED SEPTEMBER 13, 2011. NOTICE OF 07I DOC�S• 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. DECENER 59 20011 VICINITY MAP SCALE: 1 "=1000' BASIS OF BEARENi THE SOUTHEASTERLY LINE OF OUTLOT A, PROVINCETOWNE FILING THREE, AS RECORDED UNDER RECEPTION NO. 20060088535, MONUMENTED ON THE NORTHEAST BY A REBAR WITH YELLOW PLASTIC CAP STAMPED: LS 37963; AND ON THE SOUTHWEST BY A REBAR WITH RED PLASTIC CAP STAMPED: LS 17662, ASSUMED TO BEAR S40'00'23"W A DISTANCE OF 236.38 FEET. NOTICL 1. 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 AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. 2. 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. QENERAL NOTESI 1. PER C.R.S. 38-51-106, "ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37/12 U.S. SURVEY FEET, EXACTLY ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY." 2. THE NEW OUTLOT A IS HEREBY DEDICATED AS A UTILITY AND DRAINAGE EASEMENT TO BE OWNED AND MAINTAINED BY WATERLEAF HOMEOWNERS ASSOCIATION, INC. PLANNBIO APPROVALI BY THE DIRECTOR OF PLANNI DIRECTOR , COLORADO THIS ZZ DAY OF Of 94L64040f� .A.D., 20-11—. 1a ` OF FORT COLLINS, COLORADO THIS � DAY OF 40CCC?7 J7EJf .A.D., 20 < <. CITY CLERK ATTORNEY'S CERTIFICATION 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. 4 ATTORNEY ADDRESS: /.2.r S,A/c�vj 1.n•s /,OD /�i 4//�• o G REGISTRATION NO.: 618g SURVEYOR'S STATEIENT• I, MICHAEL SHAWN BRAKE, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, 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 FORGOING PLAT IS AN ACCURATE REPRESENTATION THEREOF, ALL THIS TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIED. ' ':11- i3- MICHAEL SHAWN BRAKE, PE/PLS F A ND COLORADO P.E./P.L.S. NO. 28262 FOR AND ON BEHALF OF JR ENGINEERING, LLC. 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. PROPERTY OWNER PROVINCETOWNE WEST LLC, A COLORADO LIMITED LIABILITY COMPANY BY: MCWHINNEY REAL ESTATE SERVICES INC. A COLORADO CORPORATION, MANAGER C DOU AS L. HILL, CHIEF OPERATING OFFICER STATE OF COLORADO )s.s. COUNTY OF LARIMER ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 13DAY OF DECEMBER, 2011, BY DOUGLAS L. HILL, AS CHIEF OPERATING OFFICER OF MCWMINNEY REAL ESTATE SERVICES, INC., A COLORADO CORPORATION, AS MANAGER OF PROVINCETOWNE WEST, LLC, A COLORADO LIMITED LIABILITY COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: . )uwt all f IvI3 NOTARY PUBLIC LEE MWER FI ST NATIONAL BANK F�MAHA i IZI BY: JAMESfRUPP —VICE RE (DENT STATE OF COLORADO ) COUNTY OF LARIMER ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS I 3A AY OFNc_yQbLr 201L� BY JAMES H. TRUPP AS VICE PRESIDENT OF FIRST NATIONAL BANK OF OMAHA. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: Ol- AA- AOIy LTAM 1 J. uW TA� OF C0L0RIIDO 'omm Exp 7.26$014 FINAL PLAT PROVINCETOWNE FILING FOUR JOB NO. 39459.04 12/5/11 SHEET 1 OF 2 J•R ENGINEERING A Westrian Company • I ' 1 1' "1.1 •I 1 1 :I• P- 154 Z6Z 6 t CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARwG CHORD Cl 49'03'46" 78.00 66.79 S37'48'30"E 64.77 C2 2*16'18" 78.00 3.09 S63'28'32"E 3.09 C3 16'28'22" 190.00 54.63 N56'22'31"W 54.44 C4 3'01'09" 301.50 15.89 S49'38'54"E 15.89 C5 13'08'00" 301.50 69.11 S57'43'29"E 68.96 C6 9'32'45" 301.50 50.23 S69'03'51"E 50.17 C7 8'07'26" 301.50 42.75 S77'53'57"E 42.71 C8 13'08'00" 421.50 96.62 S57'43'29"E 96.41 C9 3*01,090 421.50 22.21 S49'38'54"E 22.21 FINAL PLAT PROVINCETOWNE FILING FOUR EONQ A REPOT OF OOUTLOT Q9 PROOVONCE70 GCE G=OLONQ THREE LOCATED ON SEC 790H 139 TOO �i 1i NSHOP IS NOO QTH9 RANOE (39 ME87 OF THE 87a PRgHCOPAL HERODO&H ON THE COTY OF FORT COLLONS9 LAROME R C OO UN7Vq C OO LOO RADO DECEM ER 59 2011 \ EXISTING DRAINAGE EASEMENT REC, NO, 2006089869 OULOT I PRO VINCETOWIVE P U D. � 51 '20'04" / R=78.00' CH=67.57' A--16'28'22" 'R=190.00' FILING NO 2 \o �S38'S639"E / REC.NO. 2001042002 I �+ \ \ ` L=54.63' �\ `F� CH=54 44' / POINT OF BEGINNING FOUND REBAR W/ALUMINUM CAP STAMPED: PLS 37963 JR ENG - (TYPICAL) A=22'21'26" R=450.00' L=175.59' CH=174.48' N11'55'54"W CITY OF FORT COLLINS (UNPLA TTEO) N00'45'11 "W _ 45.89' FOUND REBAR W/RED PLASTIC CAP STAMPED: LS 17662 A--31 *47'17" R=350.00' L=194.18' CH=191.70' N16'38'49"W c ry� LOT 1Vol* 6,932 SF s •h LOT 2 ` 7,037 SF LOT 3 7,200 SF e�V/ \ 9' UTILITY EASEMENT REC NO. 20060088535 R= 450.00' �a� \O'. LOT 4 ^1 L=174.75' \o_ �/\ 7,200 SF o / �/. SRC• \ \ 6' UTILITY \ / \ EASEMENT O \ LOT 5 7,200 SF S865324 E 239.64' h� \ SRB�OOp \ OB, LOT 6 \ �O, \ 7,200 SF 4= 72 08 53" s 0 2o�pO,�pp, �� LOT 7 R=450.00' EXISTING / \moo F \ 7,200 SF } L=9541' DRAINAGE EASEMENT �� ��\ /1 REC. NO. 201000J9267 e/ VACATED BY THIS PLAT90 ,�h� �1 9' UTILITY EASEMENT 1 pQ/ �FY REC. NO. 20060088535 N00 45'17 "W \ h h^ oo ? 36.87' N7g LOT 8 \� 7,20o SF �cA �33'49'20" R=301.50' _ sip o \ -L=177.98' wY rtw91 ftqAO - \ e� O LOT 9 CH=175.41 $� - Row 7,580 SF per/ \ S65,03'00"E - No3 pVpb 8535 o� �p \ yLj C REC. _ \ EXISTING DRAINAGE EASEMENT �\ X� 4=477'07" \ _ \ REC. NO. 20710038010 F� ��• 0 R=301.50: / / �C7 \ VACATED BY THIS PLAT -� \ L=22.55' ��. C'9 LOT 10 \ \ \ 9,944 SF LOT S� .`� LOT LOT \ 29 590 SF A-16'09'09" `�\ "� /� /,4/ J 1 2 1 \ R=421.50 \ ham/ N BLOCK 2 1 L=118.83' ` C8. \ ry /Q h0 /pry Otit PROIONCETOWNE CH=118.43' \s h p h --AFILING THREE \ \ S5612'54"E s09o\'� 8 LOT fn 20060088535 6' UTILITY EASEMENT / S79'55'42"E N82'34'12"E 11'7.66 - ' -54.43 6' UTILITY EASEMENT 6' UTILITY EASEMENT REC. NO. 20060088535 �o \ P� CITY OF FORT COLLINS \ (UNPLA TIED) A--80'57'29" \ R=465.00' L=657.04' CH=603.73' N73'01'12"W P�. 01 e�O�vP fio oFy7n n0 T .00F� 0P� / � 1 FOUND REBAR / W/RED PLASTIC CAP STAMPED: LS 17662 a=22'32'39, R; 465' 00 1=182.g6 \/ CITY OF FORT COLLINS l / (UNPLA TTEO) / lRic YN GEYST/vc E 'VO LEGEND RECOVERED /4 REBAR WITH ® YELLOW PLASTIC CAP STAMPED: LS 37963 JR ENG SET NAIL do BRASS DISC IN CONCRETE O STAMPED: PE-PLS 28262 50 25 0 50 100 ORIGINAL SCALE: 1" = 50' FINAL PLAT PROVINCETOWNE FILING FOUR JOB NO. 39459.04 12/5/11 SHEET 2 OF 2 J•R ENGINEERING A Weatrian Company 20 East Prospect Suite 190 • FFW Color, CO 80525 970 9868 •Fax 970 491-9984 • www{en,*vw nV= P-154 262 8