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HomeMy WebLinkAboutODELL BREWING COMPANY FILING 2 - Filed S-SUBDIVISION PLAT - 2013-06-21ODELL BREWING COMPANY FILING TWO ODELL BREWING COMPANY FILING TWO BEING A REPLAT OF ODELL BREWING COMPANY FIRST REPLAT AND A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO STATEMENT OF OWNERSHIP AND SUBDIVISION: Know all persons by these presents, that the undersigned owner(s) of the following described land: A tract of land located in the Northeast Quarter of Section 12, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado being more particularly described as follows: Lot 1, Odell Brewing Company First Replat recorded at Reception No. 20090037685, a plat of record with the Clerk & Recorder of Latimer County, contains 3.802 acres. AND; a portion of that tract of land described at Reception No. 20070090962, recorded with the Clerk & Recorder of Latimer County being more particularly described as follows; Considering the North line of Lot 1 of the Odell Brewing Company First Replat as bearing South 890 11'23" West and with all bearings contained herein relative thereto: BEGINNING at the Northeast comer of Lot 1, Odell Brewing Company First Replat; thence, South 89' 11' 23" West, 517.73 feet to the Northwest corner of said Lot 1; thence departing said North line, North 00' 29' 20" East, 120.15 feet; thence, North 89' 12' 11" East, 517.85 feet to a point on the West line of that tract of land described in Reception No. 20120016119, recorded with the Clerk & Recorder of Larimer County; thence along said West line, South 00' 32' 55" West, 120.03 feet to the Point of Beginning, contains 1.427 acres. The above described area contains 227,798 square feet or 5.229 acres more or less and is subject to all easements and rights -of -way now on record or existing. For themselves and their successors in interest (collectively "Owner") have caused the above described land to be surveyed and subdivided into lots, tracts and streets as shown on this Plat to be known ODELL BREWING COMPANY FILING TWO (the "Development"), subject to all easements and rights -of -way now of record or existing or indicated on this Plat. The rights and obligations of this Plat shall run with the land. CERTIFICATE OF DEDICATION: The Owner does hereby dedicate and convey to the City of Fort Collins, Colorado (hereafter "City"), for public use, forever, a permanent right-of-way for street purposes and the "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. The streets dedicated on this Plat are the fee property of the City as provided in Section 31-23-107 C.R.S. The City's rights under the Easements include the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easements public improvements consistent with the intended purpose of the Easements; the right to install, maintain and use gates in any fences that cross the Easements; the right to mark the location of the Easements with suitable markers; and the right to permit other public utilities to exercise these same rights. Owner reserves the right to use the Easements for purposes that do not interfere with the full enjoyment of the rights hereby granted. The City is responsible for maintenance of its own improvements and for repairing any damage caused by its activities in the Easements, but by acceptance of this dedication, the City does not accept the duty of maintenance of the Easements, or of improvements in the Easements that are not owned by the City. Owner will maintain the surface of the Easements in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. Except as expressly permitted in an approved plan of development or other written agreement with the City, Owner will not install on the Easements, or permit the installation on the Easements, of any building, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary grasses and other ground cover). In the event such obstacles are installed in the Easements, the City has the right to require the Owner to remove such obstacles from the Easements. If Owner does not remove such obstacles, the City may remove such obstacles without any liability or obligation for repair and replacement thereof, and charge the Owner the City's costs for such removal. If the City chooses not to remove the obstacles, the City will not be liable for any damage to the obstacles or any other property to which they are attached. The rights granted to the City by this Plat inure to the benefit of the City's agents, licensees, permittees and assigns. OWNE : Odell Investments, L.L.C., a Colorado imited liability company Jv 17 l / Byre Dusenbury Odell, Man er Odel Investments, L.L.C. 800 E. Lincoln Avenue Fort Collins, CO 80524 State of Colorado ) ss County of Larimer ) The foregoing instrument was acknowledged before me this �tday of ay-(-.1, 2013, by Wynne Dusenbury Odell as Manager, of Odell Investments, L.L.C., a Colorado limited liability company. Witness my hand and official seal. My commission expires: a i'y i Nota Public u' , OMMISSON t.x "• August ;Y'3 LESSEE: Odell Brewing Company, Inc., a Colorado corporation V A�l By: Doug Odell, President State of Colorado ) ) ss County of Latimer ) The foregoing instrument was acknowledged before me this (C ` day of I'S V-OL, 2013, by Doug Odell as President, of Odell Brewing Company, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: d D /3 Notary Public (� LIENHOLDER: First National Bank ,� v Todd K. Ca pb Its: Vice President State of Colorado ) ) ss County of Larimer ) The foregoing instrument was acknowledged before me this / 5At day of Wa uY' � 2013, by Todd K. Campbell as Vice President, of First National Bank. Witness my hand and official seal My commission expires: 7d/� ,.arc SLOPE EASEMENT OWNER: GTG Investments, LLC, a Colorado limited liability company By: Kent rvi anager State of Colorado ) ss County of Larimer ) The foregoing instrument was acknowledged before me this XgAday of M a v& 2013, by Kent Garvin as Manager, of GTG Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. o � VINE DRIVE Q Trujillo St San C i sto St i fro e r o St , Buckingham St c ��A o`a N SITE S P / Lan / Ave ;EUncoln LOCATION 0 / Ave P tici c 0 LLJ E Oak St j i E Olive Ct E Olive �/O� / R L J E Magnoli E Magnoli St St o J / MULBERRY STREET ; OVICINITY MAP NOT TO SCALE s.' APPROVED AS TO FORM, CITY ENGINEER My commission expires: h, Igo / By the� City Engineer of the City of Fort Collins, Colorado this Rday of MAC A.D., 201__J. 22 �LCQ gT�cv ,OE FORTCO!! Notary blic Mr COMMISSION r ., ;. Aups(i`, ity Engineer p i :N SEAL S YA MAINTENANCE GUARANTEE: The Owner hereby warrants and guarantees to the City, 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 to be constructed in connection with the Development which is the subject of this Plat. This warranty and guarantee is made in accordance with the City 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 Owner 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 Owner 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 Owner 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 Owner. 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 Owner. I: ' :�IZfffl•�t7:611Y�1� In consideration of the approval of this final Plat and other valuable consideration, the Owner does hereby agree to hold the City harmless for a five (5) year period, commencing upon the date of completion and first acceptance by the City of the improvements to be constructed in connection with the development which is the subject of this Plat, from any and all claims, damages, or demands arising on account of the design and construction of the Owner furthermore commits to make necessary repairs to said public improvements, to public improvements of the property shown herein; and ary p p 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 Owner warrants that he/she owns fee simple title to the property shown hereon and agrees that the City shall not be liable to the Owner 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. NOTICE OF OTHER DOCUMENTS: All persons take notice that the Owner has executed certain documents pertaining to this Development which create certain rights and obligations of the Development, the Owner and/or subsequent Owners of all or portions of the Development site, many of which obligations constitute promises and covenants that, along with the obligations under this Plat, 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 and should be closely examined by all persons interested in purchasing any portion of the Development site. ATTORNEYS CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 22.3(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of Larimer County, Colorado prior to the date of this certification of the deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 22.3(C)(3)(f) of the Land Use Code. G. Brent Coan Otis, Court & Peters, LLC 103 W. Mountain Ave., #200 Fort Collins, CO 80524 Registration No. 27592 Date: /W,„:m -;),`I/ a � PLANNING APPROVAL By the Director of Planning the City of Fort Collins, Colorado this ?j day of IA.D., 20L_3_ PORT Director of Planning U� SEAL SURVEYOR'S STATEMENT 1, Gerald D. Gilliland, 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. Gerald D. Gilliland Colorado Registered Professional Land Surveyor No. 14823 NOTES: 1) The Basis of Bearings is the North line of the Odell Brewing Company First Replat as bearing South 89'1123" West (assumed bearing). 2) The lineal unit of measurement for this plat is U. S. Survey Feet. 3) All information regarding easements, right-of-way or title of record, Northern Engineering relied upon the Property Information Binder prepared by Land Title Guarantee Company with Order No. FCC25114583, dated February 25, 2013 at 5:00 p.m. 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. � T � p > h w Oq C, T y V y W V T p � ❑ K a V N � CSj m 3 .0 " m ro :3 o � q V a u y W O Q U Q QT O N H b � g 0 p U C U p w 2 bCUD a a y z x O Z o o w N Z a m Z� m Z — N N E W tY 00 r u o+ oa LLJ =w m ao �Z N � N 3 !�� V 3 O Lu Z z ZW p a 0 N N 0 .0 a� d� 0 U U N� U O Y m v M W O \ w 3 -_ W J (3 Q \ 0 Q >W> W 0 n V) Z W U m rm o w m LLJo z 0 0 o in a K O o_ � 0 0 0 O 0 Z >Q � ai LL } 000 O Z J a ZO O F—(I O TZ Z �J W �0 TU m J Zof w 0 O B' Sheet 1 Of 2 Sheets ODELL BREWING COMQPA9NY� FILI ?TWOS ODELL BREWING COMPANY FILING TWO BEING A REPLAT OF ODELL BREWING COMPANY FIRST REPLAT AND A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO r W� W1 �0 VJ = 00 x X M O #2 REBAR NO CAP UNPLATTED OWNER LOZANO ALFREDO C & CRISTINA YOLANDA UNPLATTED OWNER MESERUAN CHARLESLEVON 1-1/2" ALUM CAP LS#1650 (STEWART) 0.26' NW OF PROPERTY CORNER #2 REBAR UNPLATTED OWNER HAI.EY JANICE M/ SCOTT D OWNER ODELL INVESTMENTS LLC EXCEPTED PARCEL "NOT INCLUDED IN THIS SUBDIVISION" UNPLATTED S89012'11"W 517.85' LO/.y0 z I gIN I I'I 28' WIDE DRAINAGE EASEMENT I w / I_�N00°4749"W RECEPTION NO 20130014186 j / I-_2264'-------- - - - - -- 589'28'25"E I PRIVATE ACCESS & UTILITY EASEMENT 268 00 RECEPTION NO 20100026776 TO BE VACATED BY THIS PLAT Ir�N00°31'35"E m I m N C III 2800' N / `t-------------N89°28'25"W J L! / \ Lf / cs 04 ��_- - - L4 C / / -- _---------- ------ - C 04 / / -� C CD s � L18 PRIVATE ACCESS & UTILITY EASEMENT L / RECEPTION NO. 20100026776 L _ - \ \ / TO BE VACATED BY THIS PLAT \ / I I N89'11'23"E 517.73' r NORTH LINE OF ODELL BREWING w I m ORIGINAL LOT LINE TO BE COMPANY FIRST REPLAT 20' EMERGENCY ACCESS EASEMENT VACATED PER THIS PLAT BASIS OF BEARINGS RECEPTION NO 20130014185 I I I I I I I I ^I I I I I I I JI I I I^ I I I I I I I�19 UTILITY I I J 20' EMERGENCY ACCESS EASEMENT I EASEMENT I� RECEPTION NO. 20130014185 L76 l i � J IL27I I O1 \\ I E-„-� 4 -I- �_ I i } N89°25'13'W- J 135.79' a \ \ 3/ lsw Im N \ \ \ 1 LOT 1 IJ I 00 \ \ \�2° } 227,798 Sq. ft. 30' EMERGENCY ACCESS EASEMENT I o \ 5.229 ac. 0 \ \ I RECEPTION NO. 20130014185 \ \ { I \\ 4 \ II Lz9 I I I Cq v FL7 10'UTILITY aA�� \ I IM } 1� I I r`' EASEMENT w, I m\ \ I 589'28'25'E I I W L__ \ 1 1 �8.44' 1 o \ I N00°31'35"E ) } i 18 93' A I I C0 S89033'24"E 51.71' \\ NiI } PORTION OF DRAINAGE II k I z EASEMENT TO BE VACATED #2 REBAR W/ \ I r`R BY RECEPTION NO. I I I POST ANGLE IRON \ I I DRAINAGE EASEMENT 2013OD29147 I L31 r L26� i i TO THE CITY OF FT COLLINS S89'W06"E 11 1 (HATCHED AREA) 5.99 EASEMENT DRAINAGERECEPTION NO L24 I i 20130014184 I I k w U LO 1 / (HATCHED AREA) w l I zLUW � zQ LL J Ln S M / N I rv78'28'27"w Cza C19 1 I S89"27'14"E SDO°54WW N00'29'55"E 1 1 w 20' 16 54 I� 1�. 1 I � �16 41 � 13.90' 14460' _ j oo1 I /o --� ------- -------- _- _---1- 1s4' --004' _ F L33 I 457' ! t 1 2 ---- - --- i -kM --J 15' UTILITY'' J 27 79' 20 31' 11.81' 1 C_ EASEMENT 6.00' 20.00' 1 20 92' I8.00' 3T00' S89027'14"E 465.29' #2 REBAR 79 ROW PER ODELL BREWING COMPANY FIRST REPLAT EAST LINCOLN AVENUE 38'SLOPE EASEMENT RECEPTION NO. 2012OD58189 UNPLATTED OWNER COLORADO!RON AND METAL INC #2 REBAR NO CAP DRAINAGE EASEMENT RECEPTION NO. Z0130033412 LOT 1 PATRICK SUBDIVISION DRAINAGE EASEMENT RECEPTION NO. 95073186 (CROSS -HATCHED AREA) 10' UTILITY EASEMENT CURVE TABLE CURVE DELTA RADIUS LENGTH BEARING CHORD C7 16'01'42' 21907' 61.28' S18°38'44'W 6108' C2 59"10'42" 110.00' 113,61' S02'5547E 108.63 C3 31'45'55" 125.00' %30' S16°3910"E 6842' C4 127'40'29" 5000' 11147 S63°05'02'W 89.75' C5 36"23'42" 3000' 19.06' N71'16'34W 1874 C6 90°00100" 45,00' 70.69' N44'28'2SW 63.64 C7 46`06'59" 60.00' 48.29' N22"2916"E 4700' C8 45'02'51" 20 DO' 1572' N23'01'20"E 1532' C9 45'02'51" 4000' 31.45' S23°01'20'W 30.65' C10 46'06'59" 4000' 32.20' S22'2916'VV 31.33' C11 90*00,001, 25 W 39.27' S44°28'25"E 35.36' C12 36'23'42" 50W 31.76' S71°1634"E 3123' C13 127°40'29" 3000' 66.85, N63'05'02"E 53.85' C14 31`45'55" 105.W 58.2V N16'3V19W 57.47' C15 59"10'42" 130.00' 13427' NO2'55'4TW 12838' C16 16°01'47' 199.OT 55.69, N18'38'44'E 55.51' C17 15°1227 32.50' 8.63' S02'54'07'VV 8.60, C18 21'11'21" 46,00' 1701' Nll'05'36"E 16.92' C19 118`48'19' 12.00' 24.88' N25"23'11"E 20.66' C20 71 *44'19" 11.00, 13 77' N23'34'31 "E 1289 C21 44'23'40" 260(Y 20.15' N21'3T36"E 19.65, LINE TABLE LINE LENGTH BEARING Ll 3495' S10'375aW L2 3117' S32'31'W'E L3 5738' S00'45'13'E L4 28944 N89'2625'W L5 10600' NOO'31'35"E L6 4875' N00°3413'W L7 6 53' N89'25'47"E L8 19.96' N09°25'4T'E L9 82.84' NDO°34'13'W L10 11.96' N45°32'46"E L11 16.79' N00'29'55"E L12 163T SDO'29'55'W L13 11.96' S45'32'46W L14 15153' S00'3413'E L15 36.49' S00°31'3SW L16 10.00, N89'28'25'W L17 69.80' S00°31'35'W L18 289.44 S89°28'25"E Q1611 K LINE TABLE LINE LENGTH BEARING L19 57.39 N00'45'13'W L20 311T N32°31'08'W L21 3139 N10'3T53"E L22 16.76' 400'2955"E L23 17.69' NDO°34'13'W L24 14.00' N89'25'4T'E L25 3471' N00°34'13'W L26 10.13' S89°2T14"E L27 4650' N89'27'14'W L28 50.W SOO'34'06'W L29 20.W N89°27'14'W L30 BOW S00'34'06'W L31 11.37' S89'27'14"E L32 20,28' SOO'34'05'W L33 17.00' N89'30'06'W L34 33257' SOO'34'05'W L35 2574 S51'30'49W 1) The Detention Pond Easement granted at Reception No. 94033128 has been vacated by the document recorded at Reception No. 20130014183. 2) A portion of the Drainage Easement recorded at Reception No. 2002077766 has been vacated by the document recorded at Reception No. 20130014182. 3) The Odell Brewing Company First Replat Development Agreement dated June 5, 2009 between the City of Fort Collins and Odell Investements, L.L.C. (Reception No. 20090052389) shall apply to the property shown on this Replat. LEGEND EASEMENT LINE EXISTING RIGHT-OF-WAY BOUNDARY LINE LOT LINE #4 REBAR SECTION LINE SET #4 REBAR W/1" ® PLASTIC CAP, LS 14823 FOUND PROPERTY CORNER 0 AS DESCRIBED NORTH - - - - - - - 30 0 30 60 90 Feet UNPLATTED - - - - - - - 30' ROW ( U.S. SURVEY FEET ) OWNER WHIS_ER DOROiHYA BOOK 589, PAGE 575 PER 1 inch = 30 ft. REVOCABLE TRUST ROAD VIEWERS REPORT BOOK 0-91 �z0 ❑ o�Y v 1; o y k'y 0 o 5 -0 � o � W O y b pC. U � O 0O F 0 £O U o U p a w z = o w o z z r a� V) Z N W� O U °m LJ = L.I a "I F- Z m� N O N CD O J L zw a m v c r.� 0 w o 3= w II WC7 LN Q w m o zj �o z 3 Wo w x a: o 0 O O Z LL VIP �O Z a Z� O F- NZ �J >Z W �0 O m � Z� W p O Sheet 2 Of 2 Sheets 2676