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HomeMy WebLinkAboutRIVER DISTRICT BLOCK ONE MIXED USE - Filed S-SUBDIVISION PLAT - 2013-08-30PLAT OF RIVER DISTRICT BLOCK ONE MIXED USE BEING A PORTION OF BLOCK 1, CITY OF FORT COLLINS AND A PORTION OF THE NORTHWEST 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 1 in portion of Block I City Know all persons by these presents, that the undersigned owner(s) of the following described land: A tract of land d being a po of Fort Collins and a portion of the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Latimer, State of Colorado being more particularly described as follows: Considering the Northwest line of Block 1, City of Fort Collins bearing North 41°41' 10" East and with all bearings contained herein relative thereto: COMMENCING at the most westerly comer of said Block 1, thence along the northwesterly line of Block 1, North 41°41'10" East, 250.00 feet to the POINT OF BEGINNING; thence continuing along said northwesterly line, North 41 °41' 10" East, 214.00 feet; thence, South 38°04'50" East, 163.45 feet; thence, South 04°53'10" West, 231.00 feet; thence, North 48'18'50" West, 299.24 feet to the POINT OF BEGINNING, contains 1.030 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 MIXED E e "Development"),subject to all easements and rights -of -way now streets as shown on this Plat [o be known as RIVER DISTRICT BLOCK ONE MIX USE (the J 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, improvements with the intended se of the Easements; the right to install maintain and reconstruct, remove and replace within the Easements public ovements eP P PP� � 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 i h the right to require the Owner to remove such obstacles asses and other ground cover). In the event such obstacles are installed in the Easements the C as grasses gr ) City Bh 4 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: bility company STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this �L day of _ fit gwlit- 12013 , by Jonathan O'Neil, as member of Linden Bridges, LLC, a Colorado limited liability company. Witness my hand and official seal My commission expires: I\ S 1 Notary Public e AW" STATE OF COLORADO ) BRENDA HART NOTARY PUBLIC STATE OF COLORADO NOTARY ID 199240142a1 MY COMMISSION EXPIRES NOV. 5, 2016 Linden Br' ges a Color o ymited liabili company J By: K t O eV, Member )SS COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this „� day of _ %t , 20_13, by Kent O Neil, as member of Linden Bridges, LLC, a Colorado limited liability company. Witness my hand and official seal MnKy�commission .e�xpires: 1 Notary Public MAINTENANCE GUARANTEE: BRENDA HART NOTARY PUBLIC 8TATE OF COLORADO NOTARY ID 19924014261 MY COMMISS'ON EXPIRES NOV 5, 2018 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 valuable nsi ration the Owner does hereby agree to In consideration of the approval of this final Plat and other consideration, PP, Y gre 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 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, public resultin from sub -drains, culverts, walls and bridges within the right-of-way, Easements and other pub c g failures caused b design and/or construction defects. This agreement to hold the City harmless includes defects in Y Bn !} 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 successors in interest during the warranty period, for an claim of damages shall not be liable [o the Owner or his/hersucce g ty p y g 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 1 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, Agreement, Site And Landsca Covenants Final Site Plan Final Landscape without limitation the Development Pe Pe 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 I hereby certify that this Subdivision Plat has been duly executed as requiredpu rsuant 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. Attorney: L 0 Address: �/ S s />✓D/✓✓.Jj't /'%OAv" Registration No.: 6 S APPROVED AS TO FORM, CITY ENGINEER i0F FORTC .• •••( A ik. .' By the City Engineer of the City of Fort Collins, Colorado this _day of A.D., 20 G� SEAL C/ yy........ r E ineer-l0RAOY PLANNING APPROVAL y pF.........TC rr � By the Director of Planning the City of Fort Collins, Colorado this day of A.D., 20 3 0: SEAL Dire or of Planning c�<AoenO� 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) All information regarding easements, right-of-way or title of record, Northern Engineering relied upon File Number 580-FO391069-383-JNB, dated November 19, 2012, prepared by Fidelity National Title Company. 2) The lineal unit of measurement for this plat is U. S. Survey Feet. PROJECT BENCHMARKS BENCHMARK #l: City of Fort Collins Benchmark 4-00 Located in the sidewalk at the southwest end of the Poudre River bridge on Linden Street Elevation- 4960.55 BENCHMARK#2: City of Fort Collins Benchmark 5-00 Located on the top of curb at the signal pole base at the northwest corner of Linden Street and Jefferson Street Elevation- 4974.87 Basis of Bearings Basis of Bearings is the Northwest line of Block 1, City of Fort Collins bearing North 41°41'10" East from a set V brass tag & nail at the Westerly comer of Block I to a found #4 rebar with V plastic cap LS 14823 at the Northerly comer of property (assumed bearing). 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. LEGEND EASEMENT LINE CENTERLINE RIGHT-OF-WAY BOUNDARY LINE LOT LINE ------- EDGE OF RIVER SET #4 REBAR w/1" PLASTIC CAP, LS 14823 O FOUND PROPERTY CORNER AS DESCRIBED / N48-50-00-W (R) - RECORDED BEARING / PER RECEPTION NO. 20110068223 / / WESTERLY CORNER OF BLOCK 1 \ SET 1" BRASS TAG & NAIL, LS 14823 FND #4 REBAR w/ 1" PLASTIC CAP LS 14823 \ II I MOUNTAIN AVE L f/ FND #4 REBAR w/ \ 1" PLASTIC CAP \ LS 14823 / j i / I 1 ^000�< �K 0 II CONIFER S . 060M P $in _c 1 B�Z< � J_ I i E VINE OR �f ik \ c, i 4' aUCKINGMAM ST _ by - I Q E IINCOLN AVE. k ` PROJECT ��FeTP `RS LOCATION •ems \r UE 4 I z' I I \ I I� I� \ T '� I J VICINITY MAP 1"=2000' / WATER'S EDGE AT / l TIME IL72012)SURVEY (APR { \ PERMANENT CONSTRUCTION ACCESS & MAINTENANCE EASEMENT TO BE DEDICATED BY SEPARATE DOCUMENT _ REC. NO. 2013006115&1 SO: moo, i \ rp t ASEMENT \ N41°41'10'E pY s �\ G1$Aq UMENT 1.89' 14 71' \x\ DRAINAGE EASEMENT TO BE DEDICATED ? r - : 777••• BY SEPARATE DOCUMENT REC. NO. 20130OGI S�o3 Lu / \ Y ``� FND #4 REBAR w/ N48°41'10"E ,:• �- "" i 1" PLASTIC CAP 10.49'� I �+' 'DRAINAGE & - LS 14823 / ACCESS .n EASEMENTTO f` BE DEDICATED j WITH THIS PLAT �\ / t i 11 r ' I Vr Y I t, wWwq R FLOODPLAIN % - O w 0� S { BOUNDARY % E I O < W UO I LLI CN 0 O 04 eto} 0" in ¢ �. WI O �✓ ' 4 nF j ZI / FEMA FLOODWAY BOUNDARY 1 ( � 1 30 0 30 60 90 Feet ( IN FEET ) 1 inch = 30 ft. U.S. SURVEY FEET FND #4 REBAR w/ 1" PLASTIC CAP LS 14823 QN v V U �9 W W O L U V a.0 3 U T N ns T w T R y O F N 0 O U U d 'o W O N G U "a U to c T 1--I pp 0 O O C 0 0 O w zitab.0 a L Io u a z x o 0 3 3 Z Or^ 4am in aro Z N N — E 0 0 � m L1J aa LL C L.LJ _ v 1 z "`e O N N m z Z LLJ w z x LL 0 =o a o v e vo o U U U O Y N � �v p c M W O Ili '0 W N 7(7 Q II <\ U. ~o w0 LLI z'� in Of Q a-m W CI aJ O cwn Q D o �O x �O �0 W Z O ^V/ tiZ 1 O W Z U O� F— O 0 W �O U. W N� LL U Sheet 1 Of 1 Sheet R-108 2686