The URL can be used to link to this page

Home My WebLink AboutMAX FLATS - Filed S-SUBDIVISION PLAT - 2013-07-31110 N tIP- 1 MAX FLATS LOT 3, A PORTION OF LOT 1 AND A PORTION OF A 20' ALLEY, BLOCK 105, HARRISON'S ADDITION TO THE CITY OF FORT COLLINS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 14, 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: t the undersigned owner(s) s of the following described land Know all persons b these resents that a uncle P� Y presents, !� n) 8 Lot 3, a portion of Lot 1, and a portion of a 20' alley, Block 105, Harrison's Addition to the City of Fort Collins, located in the Northeast Quarter of Section 14, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: Considering the North line of Block 105, Harrison's Addition to the City of Fort Collins as bearing South 89' 38' 39" East, and with all bearings contained herein relative thereto, o „ " " " 1 " W 2 feet; thence South 00 18 49 t the Northeast f said Block 105; thence South 00 15' 02 Wes 189.82 feet thence South 00 5 02 es 0 00 ect BEGINNING a ecomer o t, � West, 95.04 feet; thence, North 890 34' 49" West, 100.04 feet; thence, North 00' 17' 34" East, 95.09 feet; thence, North 00° 02' 05" East, 20.00 feet; thence, North 00' 17' 50" East, 189.66 feet; thence, South 890 38' 39" East, 100.00 feet to the POINT OF BEGINNING, contains 30,504 square feet or 0.700 acres, more or less. 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 as MAX FLATS (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 nm 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 t t 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 Easementsor 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 OWNER: 203 W. Mulberry, LLC BY: X1� Kevin Brinkman, Manager STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 3 day of 70 20 13, by Kevin Brinkman, as Manager of 203 W. Mulberry, LLC Witness my hand and official seal t. My commission expires: ff'II Z17013 Notary Paw LIENHOLDER: STATE OF COLORADO ) �irsfiBankra Colomdo kIap,14fm c ymafioh BY: rt�}�r�/�y t�ttavl�ic e, visidckt- )SS COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this � day of �� J�—, 20 13.3, by as V i CC Pfe$ a den- of 'Zlr`S�-e4n k Witness my hand and official seal My commission expires: g /L2 ?O Q Notary Pub 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. REPAIR GUARANTEE v valuable consideration the Owner does herebyagree to hold the City harmless for a five 5 In consideration of the approval of this final Plat and other 8r tY PPro year period, commencing upon the date of completion and first acceptance e b the City of the im rovements to be constructed in connection with the Y P� g Po P eP Y tY P 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 public commits to make necessary repairs to said public improvements, to include improvements of the property shown herein; and the Owner furthermore scary epa p p > 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 consisting of settling trenches fills or excavations. defects in materials and workmanship, as well as defects caused by or cons g g , r shown hereon and agrees that the City shall not be liable to the Owner or Further, the Owner warrants that he/she owns fee simple title to the o P property 8T h' 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. ATTORNEY'S CERTIFICATION 'v' ' n 1 x required pursuant to Section 2.2.3 C 3 a throw a inclusive of the Land Use I hereby certify that this Subdivision Plat has been du executed as Y fY Y q P ( x x) through () 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 Latimer 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(Cx3xf) of the Land Use Code. Attorney: �Of /r+' l_D �IYLS- lD1�Y�[Jla ftSZ4L Registration No.: APPROVED AS TO FORM, CITY ENGINEER By the City Engineer of the City of Fort Collins, Colorado this 17 day of T— y A.D., 20. a / �F FORTc SEAL PLANNING APPROVAL By the Director of Planning the City of Fort Collins, Colorado this Director of Planning t day of y I(LV A.D., 20_LJWSS FORT„ SEAS NOTICE O�ORA�O ALL RESPONSIBILITIES AND COSTS OF OPE AINTENANCE 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. LEGEND - — — — — — - EASEMENT LINE CENTERLINE BOUNDARY LINE — — RIGHT-OF-WAY LOT LINE QQ FOUND CORNER AS DESCRIBED NORTH 30 0 30 60 90 Feet ( IN FEET ) 1 inch = 30 ft. (US SURVEY FEET) r�1 K 1� .. , .1 ,STY OF I-ORT (;OLI )NS mw � — — ��. LIMITS OF CITY FLOODWAY (AREA SOUTH OF FLOODWAY IS IN THE HIGH -RISK FLOOD -FRINGE AND INCLUDES THE ENTIRE LOT) NE CORNER FND NAIL & SHINER _ BLOCK 95 LS 14823 FND 1'IRON ROD —® - -------------A - -—N89°38'39"W- - 399.99'- i SURVEYOR'S STATEMENT I, 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 Block 105, City of Fort Collins bearing South 89P38'39" East (assumed beating). 2) All information regarding easements, right-of-way or title of record, Northern Engineering relied upon File Number 580-FO419202-383-JNB prepared by Fidelity National Title Company, dated July 18, 2012. 3) The lineal unit of measurement for this plat is U.S. Survey Feet. 4) 20' alley was vacated by Book 1943, Page 447. 5) The lot dimensions that are noted and make up the East line of Block 105 in the Harrison's Addition have an apparent error. The East line of Lou 1 and 3 is shown to be 180' in length. With an alley width of 20', the East line of Block 105 adds up to 380'. The original town plat shows Block 105 to be 400' x 400' square which matches the physical dimension of the Block. 6) Benchmark: City of Fort Collins Vertical Control 6-00 - on a catch basin at the Northwest comer of Mulberry St. and College Ave. Elevation = 4990.68 .5a 94.00' — — NORTH LINE OF BLOCK 105 I �6.0(r BASIS OF BEARINGS 7.5' ADDITIONAL ®VICINITY MAP SCALE 1" = 1500' POINT OF BEGINNING NE CORNER BLOCK 105 HARRISOWS ADDITION FND #4 REBAR w/1" PLASTIC CAP LS 14823 RIGHT-OF-WAY 750 sq. fL , 0.017 ac. ,,... , ", I UTILITY EASEMENT.'- IIY"rrr I (WIDTH VARIES) sM.. ,17 4- ERLOCK 1 l� tD I v... o0 X .,. b CD co 6 . j(ji it }R` r am 1 .. 6 =W T6 �x ou) wl o=O Z (n Z N LOT 1 I 29,754 sq.ft. FND #4 REBAR I 0.683 ac NO CAP N00002'05"E 20.00' M FND #4 REBAR ( ) L S89"41'38"E I( w/1" PLASTIC CAP NORTH 20' (R) 29.14• L LS 14823 RESERVED 20' UTILITY EASEMENT WITH ALLEY VACATION .' BOOK 1943, PAGE 447 (TO BE VACATED WITH THIS PLAT) ------------ — — — — T, ---- — — — — FND #4 REBAR I w/1" PLASTIC CAP m a LS 14823 e � o v � Ito I 0) rn h =LU --_— S89'43'17'E rn f�F2i 'IS; ,(,i' (� z T 0 00 Oi ADDITION o O UTILITY EASEMENT Z PER THIS PLAT FND #4 REBAR w/1" PLASTIC CAP LS 14823 S00°15-02-W 20.00' (M) SOUTH 20' (R) FND #4 REBAR w/PLASTIC CAP (ILLEGIBLE) N89°34'49"W 100.04' (M) FND #4 REBAR WEST 100'(R) I wIPLASTIC CAP POPT'ON OF i_07 1 BLOCK 1()5 1 ILLEGIBLE HARRISC;N'S ADDITION Z 9 —c Y U) VZ 0 m >2 I � T NO ao�� >�v o N�w � w � o OI t o 0 m T o o a ' a o E j U y w v v W 00 'd q q m Y F O U U C U N ZQ a. a r s a z = o z on Zin W- � Z — N N E W� 08 M2� =w � Lt_I Z m -m N N ZW a m v p c e7 W O 3= {J J 17 W V ~ M Q R r in W 0 m F O W t W O fZ? Z 'E in ieto W am o o-i Sheet 1 Of 1 Sheet M-125 2680