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HomeMy WebLinkAboutGATEWAY AT HARMONY ROAD PUD SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-28+ SH No/MP/Side: 287/3424404t.=T COLORADO DEPARTME,.T OF HIGHWAYS Local Jurisdiction: Fort Collins Dist/Section/Patrol 04/01/04 S i ATE HIGHWAY ACCESS PERMIT DOH Permit No.: A89034 SHMW: Larry Jungmeyer (493-1463 between 7:45-8:30 a.m.) Permit Fee: N/A Date of Transmittal: 6/5/89 ,THE PERMITTEE; _. KENSINGTON PROPERTIES LTD. 1221 Pearl Street Boulder, Colorado 803C2 PHONE: 443-6622 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at anytimethe permitted access and its use violateany of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: Access is to be located on State Highway 287 a distance of 1,075 feet North of Mile Post 342 on the West side. ACCESS TO PROVIDE SERVICE: TO: A fast food restaurant and a sit—down restaurant in the Gateway at Harmony PUD. OTHER TERMS AND CONDITIONS: 1. This permit is only for the use and purpose stated in the Application and Permit. A change in use of the property which results in a change in the type of driveway, "operation may require reconstruction, relocation, or conformance of the driveway to the Access Code. 2. Reconstruction or improvements to the access may be requried when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 3. This driveway is limited to right turn in ONLY. Left turns are NOT approved. See Design Attachment "Exhibit A" (attached) MUNICIPALITY OR COUNTY APPROVAL Required only w en t 1? appq rate local authority retain issui g authority. i By (X) Date Title --Davalopment CPnrdinatcr Upon the signing of this permit the perrfhittee agrees tot terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify City of Fort Co i 1 ; nG. Engineprinq Inspect ion 4{#1}�j�'R�9[PI�SR:R�p�SkLLQt}t}4{}Hf� gy,)Q( at 771-5n09 , at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and all it's terms as nittons, / Permittee (X) ���- OyyfG:..�i�' l�cr/� �/�Ji�-Date C9 T'nis permit Is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF C ORA DIVISION OF HIGHWAYS ROBERT L. C JE °CHIEF ENGINEER p`5` �• B/(X) Date 1 Title Maintananre Sunprintence r District IV (Date of issue) COPY DISTRIBUTION: _ `.�a.r co^ie as ne��ssary ro". ec,ous ^Itic ns are Obsolete ana sill n01 be used . _ or -CH =o,m, a. The following paragraphs are pertinent NghU vhls of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all section the Access Code. A copy of the Slate Hlghw \ccess Code is available from your local Issuing authority (local government) of the State Department of Highways (Departm,_). When this permit was Issued, the Issuing authority made Its decision based In part on Information submitted by the applicant, on the access category which Is assigned to the highway, what alternative access to other public roads and streets Is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. 1 Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for , permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission, 4201 East .Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. _ 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. - 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local . authority. - ....-. ,- :-. - ... •5. If the final action is -'not further appealed the Department or local authority may record the decision with the County Clerk Y and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least48hourspriortoconstruction.Acopyofthepermitshall be available for review at thecdnstruction site. Inspections will be made during construction 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any .. _ unauthorized use of the: access. Reconstruction or improvements to the access may be required when the permittee has .. failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. - - - 6. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. _The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall - not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This is also requiredby section 42-4-501,C.R. S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes in use and violations i. If there are changes in the use of the access. the access permit -issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit: it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs. 3. When a permitted driveway is constructed or used inviolationof the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further Information I. When the permit holder wishes to make improvements to an existinq legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. - - - 2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts under the access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. - - 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane.- 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority, to be reconstructedor relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation; or at the expense of the Department it the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall he deterrmrwd by reference to the standards set forth in the Access Code. DESIGN ATTACHMENT "EXHIBIT A" I Driveway shall be constructed 16 feet wide with 45 foot radii. Width at R.O.W. to be 17 feet. 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 3. Driveway surfacing shall consist of 6" thick concrete and shall extend from the edge of gutter to the right- of-way line. (See attached sheets.) 4 Compactio❑ of the embankment shall comply with Section 203.11 of the Division of Highways Standard Specifications. (See attached sheets.) 5. Speed change lanes shall be provided according to the attached plan. 6. Owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. '1, Construct handicap ramps at the intersection of sidewalks and curbes according to the attached plans. 8 Drainage to the State Highway right-of-way shall not exceed the historical flow. 9. Construction of this driveway shall conform to the attached Gateway at Harmony Road P.U.D. plans and City of Fort Collins standards and specifications. 10 Highway striping shall be done by the Permittce. 11 COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTACTOR. S..No/lit Side: ,17,1ert COLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: FL. Collins Dist/Section/Patrol: P,1 /Q1 /04 STATE HIGHWAY ACCESS PERMIT DOH Permit No.: Lorry „unq;,.,2yE:r : -r- uLt.;ean +j- . ) Permit Fee: Date of Transmittal -�734 i'HE PERMITTEE; /1 P;::� . f -,i P:wne ilikc- iierzig is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. _OCATION: ACCESS is to be 1caatrd <n .;.ate riighway t37, a uistance of 1370 feet north from ;file Post 342 on the %jest/left side. ACCESS TO PROVIDE SERVICE TO:: Cify s.ri fmown as Kensicnt3l. l ivf- OTHER TERMS AND CONDITIONS: _.'?is I ?i'!7I i s :;r ly . d r:tI,-I . l use I,( r'UC(:r.r .lr,1Cr1 '_sIfI in a ijai In tIL? Cy'n:J OT driveway rpii'a -i )it lay re_mil-" nCOi,S'1'l1 ion. tali ion, `lr 'Of1T^.rm. drl VeNa `/ c`,c :,ccess i.ode. ri is 1'mittu .J ri gilt turns fit ^.nil cU�, ailu (e*t urns (il1�LY, rill urn novernents will be it? rmitted once the raised ricdian ras ucrn constructed or, 7 `o _llccr Lft _al Ifs r`o ':hi Cczss. ,'econstruction or imorovements to the Fccess may i,e required wren the nermittee has wiled to meet recuired specifications of "..esinr et- aterinls, f any con- . "'Ct.lOn -l°mEn +'aii< t!lt`ar' '','.JO years 'tIE `) '"-7r:'�'" ,.^^sf'"nCtii, Cr -iateriel spel icaions, the peril is resporisli?le for *CE.E nESiCN ATTACHMEN'r "EXHIBIT A`l MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By(X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained he,ein. All carp traction shall be completed in an expeditious and safe manner and shall be finished within 45 days from .rwiation. The permitted access shall be completed in accordance with the ierrus and conditions of the permit prior to hsing used. The permittee shall notify ,d i I' with the Colorado Department of Highways in +''-' at at least 48 hours prior to commencing construction within the State Highway right-of-way. # The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and all it's terms and conditions. Permittee (X) Date This Permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO; DIVISION OF HIGHWAYS ROBERT L- CLEVENGER, CHIEF ENGINEER By (X) t Date - Title C (Date of issue) OPY DISTRIBUTION: RegWred_ Make copies as necessary for; Previous Editions are Obsolete and will not be used 1 Distinct Iorig,nan Local Authority Inspector DOH Form 101 L 2-Applicant MTCE Patrol Traffic Engineer 9/85 it Jo lueoildde agl to lsanbai aql 1e suoisinaA palsanoai pue suouoalgn Aue japisuoa Aew ivawaeda0 eql .wig 01 ,ldaooe aq pinom lew lueogdde io aalllwjaa ,i Aq suonepuawwooai apnjoui Aew pue jeadde agljol suoseaj apnjow [legs lsanbai aql ZZZOe opeJo100 'Janua4'anuany sesue>JV lse3 IOZb uoissiwwoO ALmg61H opeao�00 agl of palllwgns pue 6uyuk, ui paji; aq jugs 5uueaq aq jo} lsanbai agl ainleu6is aawwiad jolpwiad agltolelliwsueq;c sAep Og uigliM uoissw WOO AeMg6iH opuo[oo aq g1iM oat it aq lsnw jeadde up 1uawliedaQ ag1 Aq waiagl paoeld liw gad aql }o suoijipuoo jo swAal ag1;o Aue cl loalgo of asogo lueogdde jo aaAiwiad agl p[nogg .1 sleaddy i 1. Driveway shall be constructed 32 feet wide with 30 foot radii, as shown on Exhibit "B". 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 3. Surfacing shall consist of 4 inches A.C. over 7 inches bituminous base and shall extend from the highway travelled way to the right of way line. Spec- ifications for these materials are attached. 4. Compaction of the embankment shall comply with Section 203.11 of the Division of Highways Standard Specifications, see attached sheets. 5. Speed change lanes .shall be provided according to Exhibit "B". 6. The horizontal axis of the access shall be at a right angle to the centerline of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 7. Construct handicap ramps at the intersection of sidewalks and curbs. 8. Drainage to the State Highway right of way shall not exceed the historical flow. 9. If frost is present in the sub -grade, no surfacing material shall be placed until all frost is gone or removed. 10. Owner is responsible for any utilities disrupted by the construction of this access and all expenses incurred for repair. 11. Highway striping shall be done by the permittee. 12. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR.