HomeMy WebLinkAboutTHUNDERBIRD ESTATES SIXTH - Filed OA-OTHER AGREEMENTS - 2004-03-03ME,MORANpUM OF AOREENENT
TFM AOREEMETT, made and entered into this 20th day
of cc^Le- A. D. 19 6 ° , by and bewtween THE CITY OF FORT
COLLINS, a m::^icipr.l corporation, hereinafter designated as first party,
and Thmrdr-rtir^ r-,+rv,tes ?ncortorated i•Tae Tile) Frssi^ert
Eeroin..fter designated as second party, WITNESSETH:
U-IER3iS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as ThunderLird L'states Sixth S ivision
For approval by the Municipal Planning and Zcni.r_g Board and
the City Cown—!i'_ of the City of Fort Collins, and
4T_ A_S, sc_4 3 subd:_vi&Un plat is acceptable to first party
and £i_^st p =s Pl.nninal and Zoning Board, subject to construction of
utilities in the zr?a to be cub:!-,,.-.ded,
h J7, TH 77CRE, in cons.deration of the premises and the terms
of this a.groerent, it is mutually agreed as follows:
1. First party agrees that sr,.id subdivision plat shall be,
and the s2,_e is hereby approved,
i:n c.cnsi3era';icn of the approval of said plat by first
party, and :.rrst p^.rty as P1., _nirg -..nd Zoning Board, second party agrees
as follows:
(A.) To submit to first party the following detailed
improvement plan3, ec^eptable to the first party:
(1) A plan of the proposed water distribution system
including t'.e ccnneotirg p3.peli,n;�- to the points of connection to the
first party^o c:::ist`_rg water distribution system and showing all va';tres
and fire hydran`s.
(2) Plans and profiles of the proposed sanitary sewer
system all manholes and connections to the first party's
existing r-.,' *..pry se7,7sr system.
1:3) A plan of the proposed electrical distribution system
including co;-mecting lines to the first party's existing electrical
distributic:l system and including all stree'. lights.
(a) Plans and profiles of all street improvements.
;5) Plans and profiles of the proposed street drainage
system �:ze ce:ineat'.-ns to th— first party's storm sewer system
UNIVERSITY I
PROSPECT ROAD
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— THUNDERBIRD ESTATES North Star
6TH SUBDIVISION design, inc.
ECKERS DRUG STORE 70Automation
toma`ionDn,aossou
- ---- - VICINITY MAP pnoae: 970-686-6989
.fall F(i 19.--(14 Fax 970-686-1188
THIS ACCESS PERMIT IS ISSUED TO ESTABLISH A CHANGE IN THE USE OF AN
EXISTING ACCESS SOUTH OF DRAKE ROAD. THE PREVIOUSLY SHARED
ACCESS (FOR THE GAS STATION AND A HOTEL AND RESTAURANT) WILL, IN
THE FUTURE, ONLY SERVE THE GAS STATION TRAFFIC.
THE ACCESS FALLS PRIMARILY ON THE PROPERTY OWNED BY THE NEW
ECKERD DRUG STORE. AN ACCESS EASEMENT HAS BEEN ESTABLISHED TO
ALLOW THE GAS STATION TRAFFIC TO CONTINUE TO USE THAT ACCESS.
NO PHYSICAL CHANGES ARE BEING MADE TO THE ACCESS, BUT THE
ECKERD STORE TRAFFIC WILL BE PHYSICALLY CUT OFF FROM USING THAT
ACCESS THROUGH THE SITE CONSTRUCTION THAT WILL OCCUR.
THE ITEMS INCLUDED IN THIS EXHIBIT INCLUDE -
1) COVER LETTER FROM THE ENGINEER DESCRIBING THEIR ATTEMPT TO HAVE THE GAS STATION
PROPERTY OWNER SIGN THE ACCESS APPLICATION.
2) COPY OF CERTIFIED MAILING TO THE GAS STATION PROPERTY OWNER (SINCLAIR)
3) COPY OF ACCESS EASEMENT ESTABLISHED ON THE ECKERD PROPERTY FOR USE BY THE GAS STATION
TRAFFIC.
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4C4009 �r
1 North Star
�® design, inc.
December 15, 2003
Tess Jones
Colorado Department of Transportation
1420 2°d Street
Greeley, CO 80631
Dear Tess;
Attached is the access permit application for the Eckerd at the southeast corner of College
Avenue and Drake Road in Fort Collins. This access permit is to modify the existing
access that currently serves the Sinclair gas station and the eadsting hotel. It is proposed
to limit this access to serve only the Sinclair gas station. We have sent a copy of the
access permit application to the owners of the Sinclair gas station and have not received a
response. Therefore, we�ave revised the application to have the developer (Hunt
Douglas) be the applicant. We believe that this is justified because the majority of the
existing access is on the Hunt Douglas property and the major impact will be to the
proposed Eckerd property by eliminating their ability to utilize the access.
Also attached to the access permit application are the following per your request:
I copy of the access permit and letter that was sent to Sinclair
5 copies of the site plan (half size)
5 copies of the grading plan (half size)
1 copy of the access easement as submitted to the City of Fort Collins
When the plans are approved by the City of Fort Collins, we will transmit 5 copies (full
size) of those approved plans. Please call if you require any additional information.
Tely
a Kroete , P, .
700 Automation Drive, Unit I Windsor, Colorado 80550
970-686-6939 Phone 0 970-686-1188 Fax
:r
Real P3t'aCe`§c yrc'`es
1 }3 Coronado Court ; .��\
unli A2
- .'Poet 6611lna;880525 �-
Tel: 970.282,0988
Fax: 970.282.8683'
December 8, 2003
Mr. Steve Heil
Sinclair
550 E. South Temple
Salt Lake City, UT 84102-1005
RE: College Ave Access
Mr. Heil;
This letter is to serve notice that -we are developing the property adjacent to your service
station located at the intersection of College Avenue and Drake Ave in Fort Collins, CO.
The City of Fort Collins is requiring that we restrict access from our property to College
Ave and I have included a site plan for your information. We will be granting a public
easement over the northwest corner of our property to facilitate access to your property.
We have also agreed to grant future access to your property through our property if you
redAvelop in the future. Please call if I can provide any additional information.
Vincerely
Robert J. Iv onaugh
v — -
Postage $ Cl
/
adiFled Fee q .am- D
Postrnark
Return Receipt Fee Here
(Endorsement Required) -- --
Restricted Delivery Fee
(Endorsement Required) /—
Total Postage & Fees $ o
ent To
Sic Ar4vk._
reet- -------------------------------------------
orraet, Apt No.; T �. , 1
m PO Box No. � V C � \��nW.1.1...\
Clry, acxl
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THUNDERBIRD DRIVEJil
Ez -----
999--
COLORADO DEPARTMENT OF TRANSPORTATION
Issuing authority application
STATE HIGHWAY ACCESS PERMIT APPLICATION
acceplancedale:
Instructions: - contact the Department of Transportation or your local government to determine your issuing authority.
- contact the issuing authority to determine what plans and other documents are required to be submitted
with your application.
- complete this form (some questions may not apply to you) and attach all necessary documents and
submit it to the issuing authority. Submit an application for each access requested.
- if you have any questions contact the issuing authority. Please print or type
1) Prope y owner (Ppr`mateeI
G3��Lti11Y,
2) Ap titan
street address, tit
_ ----
street address, city
"l one #
state & n -1 —
lK D UU 57
tate & zip Phone #
U �S loZ bo
3) Address of propety to be served by permit (if known)
4) Legal description of property:
suydlvrsion block lot section township range
1�gfL►t��_rr�_Gt�_ f 2�j � N
5) What stair. hi h ay are you requesting access from? 6) What side of the highway ❑ N ❑ S 74- E ❑ W
2
7) How many feet is the proposed access from the nearest mile post?
Ho�w�manny feet is the proposed access from the nearest cross street?
feet (circle: N_s E W from:
_I lV _feet (circle: N S E W )from:
6) Check hif you are requesting a
ere
❑ new access ❑ temporary access ❑ improvement to existing access I chang cess use ❑ removal of access
9) What is the approximnt�ate you intend to begin construction?
tYR- �
_
10) Do you have knowledge of any Highway access permits serving this property, or adjacent prope i ich you have a property interest.
ono ❑ yes, if yes - what are the permit number(s)?: nd/or, p mit date:
11) Does the property owner own or have any interests in any adjacent property?
_15& ❑ yes, if yes - please describe:
12) Are there other ex stin or dedicated public streets, roads, highw s or access easements her ing or within the bro ?
'
❑ no es, if yes -list them on your plans and indicate the prop ed and exw, cess point
13) If you are requesting commercial or industrial acces plea indic a the types and numbe of businesses and pr 'de the floor rea square footag of ch.
business sq re footage businesssquare footage
0�6 ► o �n_I 1 a 0
14) If you are requesting agricultural field ac s - how
any Incres will the access e ?
15) If you are requesting residential developeme access, hat is the type (single y, apartment, t house) and numb to nits?
type number of unit type n -r I units
_
16) Provide the following vehicle count estimates for ve icles that will use the access. Leaving the property then returning is two counts. Indicate if your count
❑ peak hour volumes or L-birdVerage daily volumes.
- P
of pas enger ors and light tucks
4 of multi unit mucks
r of other vehicles
L4 o U
I a single uoil vehicles m excess of ]o It.
! of farm vehicles (field uipmentl
Tota count f all vehicles
17) Check wiltAng authority to determine which of the following d uments are required to complete the review of our application.
(plans should be no larger than 24" x 36")
e) Property map indicating other access, bordering roads and streets.
a) Highway and driveway plan profile. t) Proposed access design
b) Drainage plan showing impart to the highway right-of-way. g) Parcel and ownership maps including easements.
c) Map and letters detailing utility locations before and after h) Signing and striping plans.
development in and along the right-of-way. i) Traffic control plan.
d) Subdivision, zoning, of development plan. j) Proof of liability insurance.
If an access permit is issued to you it will state the terms and conditions for its use. Any changes in the use of the permitted
access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit.
The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal
laws, that all information provided on this form and submitted attachments are to the best of their knowledge true
and complete.
Applicants signature
Dale
If the applicant is not the owner of the property, we require this application also to be signed by the property owner or their
legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this
application by all owners-ol-interest unless stated in writing. If a permit is authorized, the property owner will be listed as
the permittee.
Property owner signature
Date
Previous editions may be used until supplies are exhausted CDOT Form ♦177 8196
JFJ 1'13°4'M, HO'll E01J,-,a
PROPERTS' D. SE CRIpTSOXV_
Exhibst A
Let 4 access Easement
A parcel oPland kcc'ng a par', of Lot 4 of T:nmderbiP; EAMCS Shah SUC&'Ii10n an rec0tiod is RICA 11?5.
Pegs 5 Cd of the ROrOrds Of Lsritnor County, locstz6 in the Northwest Oaarfci , 4'W"!'�) of Section T,"rtY-
ne 25i,1Qwn,xh¢SOCen north(T.%N.), Range Sixrv-n:ne 16?sl lR59W St rf 21.nci;,a �t nd.en (d"
P of i, City of Fort Collins, ^county el'Lariner. State of Co'.ori do, for access Basement purposes, tnam
Dartiaulsti'" dmcr.bcd as fn'dows.
BEGINNING at the Ngrtiiweat Corner ot'Lot 4 If Said Thunderbird 7s'tate3 .Sixth Finny rmd. e,ximtng the
Notth line of Lot 4 of Said Thunderbird Estates Sixth Fi_ing to bear DiDnh 89' IS:4" Past, a grid bearing of
the Colcado Stern Plarra Coordinate System, North Zone,]oEh Arnericon Leaur 1 a di::ancc of
279 96 feet r.4th al: od'.nbearings herein rotative aelI
THENCE North 69'51' i T' East along the North i'.ne of said Lot 4 a d,"tance of Y4 g7 stet:
THENCE South 71'28'46" "'.rest a distance of 24 90 Peet;
THE\CE South 47'57'52" West a dis<ance of 29A3 fcet to the ` cC t line of said I at 4;
THENCA Nor h "1'fNV'S"' East along t1.0 4t e' lid' Of said 1-ot 4 a divas -' 2s.6: fcct iu - rtC line
of said t.ot 4 and $e POINT OF BEGINNING.
Said parcel of lend contains 545 sa. A., more or less : ), and is scbject to any ri Phis-,;1-u m: nr oche:
'a emea•.ta ofreaOrd Ora, now existing on said described paroal of land.
SLRVr'YOB'S CERTIhTCAI'E
I. Steven A. Lot.d, 4 Csu ratio Reginterea Protessional Land Sun 'r: or do itercb:r stI, d]'I ihi, Proper*"
DesrriDri.tn was peperd older my Personal supervision and checking, and font z 1. vur and concu fo the
heat orTry knowledge and belief.
v,d Curveynr'il' _
KI^'G SCR:'EVORS, VSC.
Windsoq ^oloredn 8055q
19-10) R6-501'.
i 90,'.25'wurvt r1`i2^e.t.a as,CC". e. ice
I si ixlnred t 4,10' i.. a7 per ���
'h i�..c HLNTT_20n-_ -
access e sENENT o. E--K- HIBIT B—� D1 `
�ricraorryl�r. -ware,. sx-H sua
DZIATRrJAD
RSG Vl 9.^024.25B-77
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NOF9rWEST CORNET,
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// Poi,, of Beyhning
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ffC 49. 7 i Mort' Lln
,ICCESS
�, 971'28'46"W
E ASk'ATEXT�
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CUEN %c rt is.nr si,;
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That STEVEN LEE of Larimer County,
Colorado, reposing special trust and confidence in YOON JUNG LEE of Latimer County, Colorado,
has made, constituted and appointed, and by these presents does make, constitute and appoint the
said YOON JUNG LEE, my true and lawful attorney for me and in my name, place and stead, to
accomplish the sale, conveyance, easement dedication, plat dedication, negotiating, or any
contemplate' act with regard to the following described real property:
Lot 4 and the East 82 feet of Lots 5 and 6, THUNDERBIRD ESTATES SIXTH
SUBDIVISION, in the City of Fort Collins, Larimer County, Colorado.
Commonly known as: 2612 S. College Avenue, Fort Collins, Colorado
Hereby giving and granting unto said attorney full power and authority to negotiate, do and
perform all and every act and thing whatsoever requisite and necessary to be done in and about the
premises, as frilly to all intent and purposes as I might or could do if personally present, including,
but not limited to, the execution of deeds conveying real estate, with full power to purchase and
convey, and the execution of any and all documents related thereto including closing and settlement
sheets in connection with said transfer; with full power of revocation hereby ratifying and confirming
all that said attorney shall lawfully do or cause to be done by virtue hereof.
This power of attorney shall not be aff cud by my disability.
Executed this 3 0 day of January, 2004.
4�J-41
Steven Lee
STATE OF COLORADO )
ss.
COUNTYOF
The foregoing instrument was acknowledged before me this �O day of January, 2004 by
Steven Lee.
Witness my hand and official seal.
My commission
r• C��TARY •?
PUBLIC Notary Public
10117MU
and includ..ng all storm sewer inlets and manholes.
(i5) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
water mains, sanitary sewer mains or storm sewer mains to ba constructed
within the subdivision than would be required by standard engineering
p:.actices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
the cost of such enlarged facility based on proration of the cost of the
facility actually constructed and the estimated cost of such facility as
shown on the subdividerls approved plan. Such proration of costs between
the City of Fort Collins and the subdivider shall be de'':ermined in advance
of construction. by the City Engineer and in the event of any dispute this
matter shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be heret; -, ;ttest
to by its City Clerk, pursuant to motion of the Council of one City of
Fort Collins dated the 7th day of necenl>er
A. D., 1267 , and second party has hereto set his hand and seal the day
and year first hereinabove written.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS.
A Municipal Corporation
"J�jRyA .. �Mbyor
First Party
O (SEAL)
Second Party/
�z - /iCe.�
COLORADO DEPARTMENT OF TRANSPORTATION
CDOT Permit No.
404009
STATE HIGHWAY ACCESS CODE
SH/S/MP
287C/344.050/R
NOTICE TO PROCEED
Local Jurisdiction
Fort Collins
Permittee(s): Applicant;
Dillon Tidwell Dillon Tidwell
COL College and Drake Hunt Douglas
5100 W. Kennedy Blvd, Suite 225 5100 W. Kennedy Blvd, Suite 225
Tampa, FL 33609 Tampa, FL 33609
970-282-0988 970-282-0988
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits
expire one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
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.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
appropriate.
The Notice to Proceed includes the Contractor's Certificate(s) of Insurance.
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By
Title
Date
W
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
By
(X) cn�a c C e- C,
Title
ss f CC�s s
Date ,
2
Copy tolstrib tion: Required 1. Region Permit files 2. Staff Access Section. As needed: Local Authority M E Patrol, Inspector 1 Form 1265 8/98
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(Msuuo
OHNC-2 02/25/04
io CER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Linden/Bartels s Noe Agency FC
614 Oakridge Drive, Unit A
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
'ort Collins CO 80525
'hone:970-229-9304 Fax:970-229-1398
-------------- --- —
ISURED
INSURER A. Employers Mutual
INSURER B. Pinnacol Assurance
INSURER C.
Dohn Construction, Inc
2642 Midploint Drive Unit A
Fort Col ins CO 805�5
I -
INSURER D:
INSURER E.
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PPJD CLAIMS.
�R
TR
TYPE OF
r POLICY NUMBER
froCY EFFECTIVE
DATE MMID
PO Y MIDDf
DATE MM/D
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ S , 000,000
FIRE DAMAGE(Any.fire)
$100,000
.e.
X COMMERCIAL GENERAL LIABILITY
1K5725504
10/01/03
10/01/04
MED E%P (Any one person)
$5,000
CLAIMS MADE LXJ OCCUR
PERSONAL 8 ADV INJURY
_
$ 1, 000 , 000
-_-_1
GENERAL AGGREGATE
$2 000,000
PRODUCTS - COMPIOP AGG
s2,000,000
GENL AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
IZ5725504
10/01/03
10/01/04
COMBINED SINGLE LIMIT
$ 1 , 000 , 000
BODILY INJURY
(Par perwn)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(P�Ccid°at)
_
$
HIRED AUTOS
NON-OWNEDAUTOS
X
PROPERTY DAMAGE
(Per a dent)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGO
$
ANY AUTO
$
EXCESS LIABILITY
EACH OCCURRENCE
$5,000,000
A
X OCCUR �CLAIMSMADE
1J5725504
10/01/03
10/01/04
AGGREGATE
s5,000,000
S
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
X TORY LIMIU
BS ER
B
EMPLOYERS'LIABILITY
3055407
07/01/03
07/01/04
E L. EACH ACCIDENT
$100,000
E.L. DISEASE - EA EMPLOYEE
$100,000
E.L. DISEASE -POLICY LIMIT
$500, 000
OTHER
A
Builders Risk
1IS725504
10/01/03
10/01/04
1 LOC. $5,000,000
ALL LOC. $5,000,000
IESCRIPTION OF OPERATIONSAOCATIONSJVEHICLMEXCLUSnNS ADDED BY ENDORSEMENTISPECUIL PROVISIONS
kE: Eckerd Drug. COL College & Drake, LLC, Eckerd Corporation and COOT are
named as additional insured in regards to the general liability, excess
Liability and builders risk. COL College and Drake, LLC and Eckerd
corporation are named as loss payee with respects to the builders risk and
Bank of Florida is loss payee in regards to the builders risk.
;ERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER:_ CANCELLATION
HUNTDOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRFFTEN
HuntDouglas Real Estate NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFF, BUT FAILURE TO DO SO SHALL
Services, Inc. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn: Debra Penton
5100 W. Kennedy Blvd, Ste 225 REPRESENTAIJVES. __--
Tampa FL 33609-1892 AUTHORED REPRESENTATIVE '
COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit Nc.
STATE HIGHWAY ACCESS PERMIT 404009
State Highway No/Mp/Side
287C/344.050/R
Permit fee
Date of transmittal
Region/Section/Patrol Local Jurisdiction
100.00
02/24/2004
04/01/04 Fort Collins
The Permittee(s); Applicant; Ref No. 2004
Dillon Tidwell Dillon Tidwell
COL College and Drake Hunt Douglas
5100 W. Kennedy Blvd, Suite 225 5100 W. Kennedy Blvd, Suite 225
Tampa, FL 33609 Tampa, FL 33609
970-282-0988 970-282-0988
is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit. 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:
The access is to be located on State Highway 287, a distance of 264 feet north from Mile Post 344 on the east/right side.
Access to Provide Service to:
Gasoline Service Station - 6 fueling positions ............................................... 1,300 Sq Ft 100.00 %
Other terms and conditions:
• See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
• The existing shared access will be modified slightly, and connectivity between the two properties is being removed. The
access is being formalized on the adjacent property thru an easement and will serve ONLY the existing gas station.
• The Notice to Proceed will be issued upon receipt of the Contractor's Certiffcate(s) of Insurance, naming CDOT as
additional insured.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By
Date
Title
(x)
Upon the signing of this permit the permittee agrees to the 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 Linda McWilliams with the Colorado Department of Transportation in Greeley at 970-350-
2147 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 its terms and conditions.
Permittee _
Date
This permit is not valid until signed by a duly authorized representative of the Department.
COLD ADO DEP RTMENT OF TRANSPORTATION
By
(/
Date (of issue)
Title
Access Manager
(x) ��J _ C
Copy Dlat ibutlon: Required: Make cop' s as n cessary for: Previous editions ere obsolete and may not be used
I Region Local Authority Inspector CDOT Form s101 8/98
2.Applicant MTCE Patrol Traffic Engineer
3.Staff Access Section
State Highway Access Permit Page 1
Attachment to Permit No. 404009 - Additional Terms and Conditions
1. If there are any questions regarding this permit, please contact Tess Jones at (970) 350-2163.
2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed
additional terms, conditions, exhibits, and noted attachments.
3. Incorporated as part of this permit are the following:
Application for Access Permit (CDOT Form No. 137)
Permit (CDOT Form No. 101) and its two page attachment
Exhibits:
"A" - Vicinity map
"B' - Documentation regarding easement for gas station
"C" - Construction Plans for "Thunderbrid Estates" and Eckard Drug
4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon
the information submitted by the Permittee. This permit is only for the use and purpose stated in the
Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may
render this permit void, requiring a new permit to the be applied for based upon exisiting and anticipated
future conditions.
5. Access construction methods and materials shall conform to the Colorado Department of Transportation
Standard Specifications for Road and Bridge Construction (current edition).
6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department
inspector, other Department representative or local authority to meet unanticipated site conditions. Changes
may not be in violation of the State Highway Access Code. All major changes to the plans must be approved
in writing by the Department prior to commencement of any work on or within the State Highway
right-of-way.
7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2)
Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary
planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon
notice of cancellation of the permit from the Department, unless a new permit is applied for and granted.
8. This access is limited to RIGHT TURNS ONLY. Left turns are not allowed as identified on the attached
Exhibit "C", Sheet 5.
9. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the
required design and/or material specifications. If any construction element fails within two years due to
improper construction or material specifications, the Permittee is responsible for all such reparis.
10. The Department retains the right to perform any necessary maintenance work in this area.
11. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall
enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be
considered a violation of the terms and conditions of this access permit and may result in revocation of the
permit by the Department and/or the issuing authority.
12. The Permittee is responsible for obtaining any necessary additional federal, state, and/or City/County permits
or clearances required for construction of the access. Approval of this access permit does not constitute
verification of this action by the Permittee.
13. All costs associated with the installation of this access are the responsibility of the Permittee. This includes
State Highway Access Permit Page 2
Attachment to Permit No. 404009 - Additional Terms and Conditions
design, construction, signing and striping, utility relocation, testing of materials, and inspections.
14. No work will be allowed at night, or on Saturdays, Sundays, and legal holidays without prior authorization
from the Department. The Department may also restrict work within the State Highway right-of-way during
adverse weather conditions.
15. Traffic detours or lane closures will not be allowed, unless pre -approved by the Department.
16. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization
is obtained from the Department.
17. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway
right-of-way overnight.
18. Landscaping and site construction shall not obstruct sight distance at any State Highway access point.
Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping
Permit from the Maintenance Section. The access permit does not authorize that activity, although a proposed
landscaping plan shall be included in the access permitting document. Irrigation of features within the
right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard
M-605-1 or other approved system. The Permittee shall contact Don Miller at the Loveland Maintenance
Office, (970) 667-4650, to obtain the Landscaping Permit.
19. Routine, periodic maintenance and emergency repairs may be performed within the State Highway
right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert
replacement, resurfacing, or changes in design or specifications, will require written authorization from the
Department. The Department shall be given proper advance notice whenever maintenance work will affect the
movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the
State Patrol shall immediately be notified of possible hazards.
20. All work is to conform to the plans referenced by this permit on file with the Department or as modified by
this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan
review is only for the general conformance with the Department's design and code requirements. The
Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any
other elements which shall be confirmed and correlated at the work site. The Department through the
approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans.
21. The State requires a Certificate of Insurance prior to commencing any work on the State Highway
right-of-way. Policies shall name the State of Colorado as additional insured party. All vendors, contractors,
and utility companies shall procure, at their own expense, and maintain for the duration of the work period, the
following minimum insurance coverages:
A. Standard workman's compensation and employer's liability, including occupational disease, covering all
employees engaged in performance of the work at the site, in the amount required by State Statutes.
B. Comprehensive general liability in the amount of $600,000 combined single limit bodily injury and
property damage, each occurrence and $2,000,000 annual aggregate.
C. Automobile liability in the amount of $600,000 combined single limit bodily injury and property damage,
for each accident.
Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this
permit and be available on the site during construction.
State Highway Access Permit Page 3
Attachment to Permit No. 404009 - Additional Terms and Conditions
22. All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection
improvement(s) within the State Highway shall be in accordance with the following Department standard
references as applicable:
A. State Highway Access Code, 2 CCR 601-1
B. Roadway Design Manual
C. Materials Manual
D. Construction Manual
E. Standard Specifications for Road and Bridge Construction, latest edition
F. Standard Plans (M&S Standards)
G. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado
Supplement thereto
H. A policy on Geometric Design of Highways and Streets, American Association of State Highway and
Transportation Officials (AASHTO), latest edition
1. AASHTO Roadside Design Guide
J. Institute of Transportation Engineer's Trip Gneration Manual, 6th edition
Some of the reference materials listed above (A thru F) may be purchased from:
Colorado Department of Transportation
Bid Plans Room
4201 East Arkansas Avenue
Denver, CO 80222-3400
(303)757-9313
The State Highway Access Code may be purchased from:
The Public Records Corporation
1666 Lafayette Street
PO Box 18186
Denver, CO 80218
(303)832-8262
The website is:
www.dot.state.co.usibusiness/accessmgt/
23. Survey markers or monuments must be preserved in their original positions. Notify the Department at (970)
350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any
survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced
immediately at the expense of the Permittee.
24. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures,
artifacts, (pottery, stone tools, arrowheads, etc.), the work shall be stopped and the Permittee shall notify the
Department inspector.
25. The Permittee or the contractor shall notify Linda McWilliams at (970) 350-2147, at least two working days
prior to beginning any access improvements or construction of any kind within the State Highway
right-of-way. Failure to comply with this requirement may result in revocation of this permit.
State Highway Access Permit Page 4
Attachment to Permit No. 404009 - Additional Terms and Conditions
26. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this
permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in
conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may
be resumed upon notice from the Department inspector.
27. Upon completion of the work, a letter certifying that all project materials, construction, inspection and
workmanship was in accordance with the plans and applicable Department Standard Specifications for Road
and Bridge Construction shall be submitted to the Region Access Manager. The certification letter must be
signed and stamped (sealed) by a Colorado registered professional engineer.
28. The access shall remain as a 35' curb cut.
29. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation of construction within State Highway right-of-way.
30. All required access improvements shall be installed prior to the herein authorized use of this access.
31. The access shall be surfaced immediately upon completion of earthwork construction and prior to use.
32. Compaction of subgrade, embankments and backfill shall be in accordance with Section 203.07 of the
Department's standard specifications. Test results shall be provided to the Region Access Manager.
33. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a
straight edge for patching.
34. The top layer of plant mix bituminous pavement shall not be placed between October 1 and April 1, unless
otherwise approved by the Department.
35. Any layer of bituminous pavement that is to have a succeeding layer placed thereon shall be completed full
width, before succeeding layers are placed.
36. If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost,
water or moisture is gone or removed.
37. The access shall be constructed and maintained in a manner that will not cause water to enter onto the
roadway, and will not interfere with the existing drainage system within the State Highway right-of-way.
Drainage to the State Highway right-of-way shall not exceed historical rate of flow.
38. All existing drainage structures shall be extended, modified, or upgraded as necessary, to accommodate all
new construction and safety standards, in accordance to the Department's standard specifications.
39. The Permittee shall request final inspection by Linda McWilliams at (970) 350-2147, within 10 days
following completion of access construction, and prior to authorized use. The Permittee or their representative
shall be present.
40. A fully executed complete copy of this permit must be on the job site with the contractor at all times during
construction. Failure to comply with this or any other construction requirement may result in the immediate
suspension of work by order of the Department inspector or the issuing authority.
41. The design and construction of access and/or development of this property shall not negatively impact
adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the
Permittee.