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HomeMy WebLinkAboutHARMONY SCHOOL SHOPS FOURTH - Filed OA-OTHER AGREEMENTS - 2004-08-10SiM C )v RADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 404038 State Highway No/Mp/Side 68A/002.140/L Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 300.00 04/27/2004 04/01/04 Fort Collins The Permittee(s); Applicant; Ref No. 2004 Stan Whitaker Mike Brake Western VII Investment, ll JR Engineering Stanford Plaza, Ste 107 2620 E. Prospect Road, Ste 190 3555 Stanford Road Fort Collins, CO 80525 Fort Collins, CO 80525 970-491-9888 970-223-3933 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 68, a distance of 739 feet east from Mile Post 2 on the north/left side. Access to Provide Service to: Retail -General Merchandise. (TIMBERLINE VILLAGE) ........................ 87,544 Sq Ft 95.00 % Retail -General Merchandise (EXISTING USES) ........................................... 1 Each 5.00 % Other terms and conditions: • See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. • The permit construction primarily involves modifications to pavement markings and signs. • The access conforms with the SH 68/Harmony Road Access Control Plan. • The deeded access control opening accommodates this access. • The Notice to Proceed will be issued upon CDOT's receipt of the Contractor's Certificate(s) of Insurance. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title W 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 cX� Date ah" 1-7 This permit is not valid until signed by a duly authorized representative of the Department. OLD ADO PARTMENT OF TRANSPORTATION :By Date (of i sue) Title Access Manager Copy Distributio -V Required. f Make'copies as necessary for. Previous editions are obsolete and may not be used 1.Region Local Authority Inspector CDOT Form k101 8/98 2.Applicant MTCE Patrol Traffic Engineer 3.Stafl' Access Section TIMBERLINE VILLAGE TRANSPORTATION IMPACT STUDY FORT COLLINS, COLORADO DECEMBER 2002 Prepared for: Miller Weingarten 2 Inverness Drive East, Suite 200 Englewood, CO 80112 Prepared by: MATTHEW J. DELICH, P.E. PpO EG"S .• .._ , F R 2272 Glen Haven Drive Loveland, CO 80538 a' Phone:970-669-2061 FAX:970-669-5034 4 N HARMONY ROAD I SCALE: 1"=200' SITE PLAN Figure 4 9 TABLE 2 Trip Generation Code � t%Se $tt •. RaRe , Tnps kale l _ Rate out Kate ^.fn Rata Ouk Building 1 850 Grocery Store 52.443 KSF 111.51 5848 1.98 104 1.27 67 5.87 308 5.64 296 Intemal Trip Capture 25% 1450 28% 29 30% 20 11% 33 13% 39 Subtotal 4398 75 47 275 257 Building 2 814 Specialty Retail 4.4 KSF 40.67 179 1.92 8 1.44 6 1.11 5 1.48 7 Intemal Trip Capture 29% 1 52 11% 1 19% 1 20% 1 20% 1 Subtotal 127 7 5 4 6 Building 3 832 Sit-down Restaurant 7.2 KSF 130.34 938 4.82 35 4.45 32 6.52 Intemal Trip Capture 29% 272 11% 4 19% 6 20% W3825 Subtotal 666 31 26 Building 4 832 Sit-down Restaurant 4.0 KSF 130.34 521 4.82 19 4.45 18 6.52 26 4.34 17 Intemal Trip Capture 29% 151 11% 2 19% 3 20% 5 20% 3 Subtotal 370 17 15 21 14 Building 5 832 Sit-down Restaurant 7.2 KSF t30.34 938 4.82 35 4.45 32 6.52 47 4.34 31 Intemal Trip Capture 29% 272 11% 4 19% 6 20% 9 20% 6 Subtotal 666 31 26 38 25 Building 6 ding 912 Drive-in bank 4.0 KSF zss.zt 5.10 20 3.85 15 7.44 Intemal Trip Capture 29% 308 11% 2 19% 3 20% W2424 Subtotal 753 18 12 Building 7 814 Specialty Retail 7.2 KSF 40.67 293 1.92 14 1.44 10 1.11 1 8 11.48 1 11 Intemal Trip Capture 29% 85 it% 2 19% 2 20°b 2 20% 2 Subtotal 208 12 8 6 9 Building 8 814 Specalty Retail 7.75 KSF 40.67 315 1.92 15 1.44 11 1.11 9 1.48 11 Intemal Trip Capture 29% 91 11% 2 19% 2 20% 2 20% 2 Subtotal 224 13 9 7 9 Building 9 814 Specialty Retail 15.4 KSF 40.67 626 1.92 30 1.44 22 1.11 17 1.48 23 Intemal Trip Capture 29% 181 11% 3 19% 4 20% 3 20% 5 Subtotal 445 27 18 14 18 Total 7857 231 166 1 10 Gerrard Access Timberline Lane U- --a--- AM/PM Negative Values Denote Passby Traffic Assignment CD32/57 ---43/113 I r r N Milestone Drive 35T79 y o aD RT-in/RT-out Access Q C N Ln J N O �— 24/46 1. 17/35 816 -1 f I 29/51 Ln ro o 0) '- rn 61/123 19/37 F N Q' a L 39187 f— -11 /-46 SHORT RANGE (2006) SITE GENERATED PEAK HOUR TRAFFIC 15 A& N Harmony Road _ Figure 8 Gerrard Access 5/10 Timberline Lane 5/5 —y 4,1 280/365 2455/2050 --� 310/425 —� o_ a) S= Z- U) E F- AM/PM Rounded to Nearest 5 Vehicles 70/85 /-115200 Milestone Drive o � v N 0 45/80 y RT-in/RT-out Access 4 c r� co J � V) � N _ F- Q. C N of 390/505 0 -� 13102775 45/100 �— 230280 435 \� 60/120 m o 0 80 —� o � v �T LONG RANGE (2022) TOTAL PEAK HOUR TRAFFIC A& N m o_ E 0 N O 15/35 — 16052965 90/65 Harmony Road 35/115 I( 29252215 220/150 --- o O C N Z N 1 m Out- 50 155 Figure 11 COLORADO DEPARTMENT OF TRANSPORTATION \ t1 I� 6 STATE HIGHWAY ACCESS CODE - DESIGN WAIVER c� ` Region/Section/Patrol Local Jurisdiction State Highway N /Mp/Side P anti o (if approved) Region 4 ��O City of Ft. Collin SH68 Z �Q' WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS RMIT A Pl CATION. 1. State specific reasons for this waiver request. Documents verifying statements should be provided with the request. State the specific sections of the State Highway Access Code from which this request seeks relief (Additional sheets maybe attached)- If waiver is temporary, state conditions which will change allowing the access to conform to the access code. It date is known when conformance can be achieved, provide that date. This Waiver is requested for Harmony School Shops Fourth Filing. The Waiver Request is due to site constraints. Detailed information is included on the attachment titled CDOT'SHAC Design Waiver. The Waiver is from Section 4.8(2), Table 4-6-41 <s,&>`,� ��— ,�,► �% NOTICE: Providing false information to a government agency is punishable as perjury in the second degree, as II as being punishable under any other applicable state o�federal laws. Phis form submi �d� IDate �X) ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. - a 3-0 2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by an authorized offical_ (provide written statement) The City of Port Collins is in support of the waiver request. It is the judgment of our Transportation Services Area that the granting of the waiver meets acceptable practice for engineering, operation and safety for the traveling public. based upon our standards set forth in the Lartmer County Urban Area Street Standards for the street classification of Harmony Road as well as the evaluation of the traffic data by our Traffic Engineer. Said waiver is the result of a 3/4 access off of I Ianunny Road which has already been built in accordance with a previous access control plan. The access and associated turn lanes were built as part of a major City intersection improvement project. 'I he access has been barricaded and has not been used Relocation of this access further east would require art A -line change which would also result in separation requirement issues from the approved access off of Snow Mesa Drive, to the east. Again, the City is comfortable with this existing access and will approve are construction drawings as evidence of this. (X) Date 3./R,ecommendation of region traffic avid safety en6'rogi orprovide written statement) /iul�G/�' A0 6F AndUl'lbL1 i/ iR RC�C'p c� N Date 4 R comm not tton of the region acce1so manager (pr dde written steat�eme^N,Q (� (�ci. L-C. U`"f'l �X� D FINAL ACTION TAK1 N Y HE REGION TRANSPORTATION DIRECTOR I f Having reviewed this waiverrequest and all materials attached. I herebyH approve, Highway Access Code. (signature shall be that of a registered professional engineer) r] deny, this request for waiver from the design standards of the State ( � Date Cony rI stribu t ion, r fjulred cor;ies 1. Roglon pe1rr files 2. Staff Access Section. Previous editions are obsolete and may not be used CDOT Form If 112 8/98 No Text kzizk5 CDOT SHAC Design Waiver Harmony School Shops Fourth Filing Fort Collins 07/24/03 JR Engineering Project 39347.00 Design waiver is requested from Section 4.8(2) Necessary Components Determining Speed Change Lane Length (Table 4-6). This design waiver is for the proposed left turn pocket on SH 68 (Harmony Road) eastbound between Timberline Road and our site access, south of Harmony School Shops Fourth Filing in the SW '/A of Section 32 — T6N — R68W, Fort Collins, CO. The existing left turn pocket does not meet the SHAC requirements. Design waivers are requested due to the horizontal distance between Timberline Road and our site access. Therefore, it is proposed that the existing left turn lane remain as constructed. The eastbound left turn pocket is for northbound traffic into Harmony School Shops Fourth Filing. Peak long-range (2022) site generated traffic for this left turn is 60/120 AM/PM. The comparison between the SHAC requirement and existing is as follows: Eastbound Left Turn Packet (55mph): SHAC Decel Length = 600'� / / Taper = 18.5:1 ✓ r Peak Hour Traffic (long-range 2022) = 120 = j 20' Storage Total Lane Length — 7 (including taper) ✓ Taper Length = 222' 12' Lane Length = 498' Existing lane configuration: Taper = 16.5:1 Total Lane Length = 559' (including taper) \Taper Length = 234' e 13' W ide Lane Length =325' b 13L r c CDOT SHAC Design Waiver Harmony School Shops Fourth Filing Fort Collins 07/24/03 JR Engineering Project 39347.00 634iD.a Design waiver is requested from Section 4.8(2) Necessary Components Determining Speed K. 0 Change Lane Length (Table 4-6). This design waiver is for the proposed right turn pocket on SH 68 (Harmony Road) westbound between Timberline Road and our site access, south of Harmony School Shops Fourth Filing in the SW 1/4 of Section 32 —T6N — R68W, Fort Collins, CO. The proposed right turn pocket does not meet the SHAC requirements. Design waivers are requester��_ due to the horizontal distance between Timberline Road and our site access. Therefore, it is proposed that the proposed right turn lane be built per plan. The westbound right turn pocket is for vehicles turning northbound on Timberline Road. Peak 0.c� long-range (2022) site generated traffic for this right turn is 390/505 AM/PM. The comparison between the SHAC requirement and exis ing is as follows:, Westbound Right Turp Pocket (5 =W): p� p SHAC Length — 500' �� �'CO%n+Yx.�l+�� Taper = 15:1 ✓ �� 2 — — Total Lane Length = 1005' (including taper) Taper Length = 300' 12' Lane Length = 705' Proposed lane configuration: Taper = 0 Total Lane Length == 707' Taper Length = 0 12' W ide Lane Length =707' Sty / U UU M10% - Mwel CDOT SHAC Design Waiver Harmony School Shops Fourth Filing Fort Collins 07/24/03 JR Engineering Project 39347.00 Design waiver is requested from Section 4.8(2) Necessary Components Determining Speed Change Lane Length (Table 4-6). This design waiver is for the proposed acceleration lane on SH 68 (Harmony Road) westbound between Timberline Road and our site access, south of Harmony School Shops Fourth Filing in the SW 1/4 of Section 32 — T6N — R68W, Fort Collins, CO. The proposed acceleration lane design is below the SHAC requkrements. Design waivers are requested due to the horizontal distance between Timberline Road and our site access. Therefore, it is proposed that the acceleration lane be built oer plan. The decrease from SHAC requirement in acceleration length is due to the right tur required for westbound traffic turning northbound on Timberline Road. The comparison be een the SHAC requirement and proposed acceleration lane length is as follows: Westbound Acceleration Large (50mph):/ SHAC Accel Length = 760' (including taper) Taper = Length ✓ Taper Length t 1 5 ✓ / 12' Lane Length =580' ,/ Proposed lane configuration: Total Lane Length = 455 (including taper) Taper = 5.35:1 Taper Length = 75' 12' Lane Length =380 _ C O_ C O c _ O y «_ C N N O p ro -0 T O1,_ V' m 3 >� o C N .L. = 0.0 o O E>« m m m S 'O E C— L C` m N m 0o pc vo ct-a)a) ID 0- io �W 3'Ud a)�o N.- jC m 3 >. O L L a �-'O U >. r m N O) m >O N °_'3 N ,.L-. c m = m m L C _m C m 'L" O L 0 QC ` C Ot 0) o .o m o 0 --' m L— N C `L-' o m U V .. N E Y .3 U L o�3mmt 0 me a>Ucy -d ymSEm¢ c a'OmQE N cmiN a) " m c �, E 2 -o aa) a.« o .� U Q n > - c 0« N- 0 2 E y ° o :? m t m a) O N p a a) m a) O c m C nm. 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'o. a)c' = 0 2 > c C -o .N a a) 'O 00 CD (D vN, c z a C a V o m m m° N a N« N m m E a O y m « 0 m O m m y m m > a p U ip m O N C_ O N yj 10 0 m .-.- C n m 0 0 0)L r m a) 0 «° E E L N «Q m m m e L o m U N E 0 00 C O O v»v`Si m� mauNi rn c N o f E m N m m o 0 m N N° m-0 c aE c. °)p(D ca p ? aDami0 aa))`m :E CD <cm'0Qc oa)oU>«Eco m d � Yw>0 EN�o _ «'-'c NcwO m ccmoam ra RQnmcc N>� Ec4)cCL )«7a °co Eai�Nam OYmo0T��c3 Ec c�'amiNw�E�`= Ma) =a)>°Cm m 0 cmEm Qo mm m>_� 3OM s o�$r w omn�3oc> ca UOEo-wmt n� �REm�O�Ucm 'moon U> U m a) p U N N U C n y m U7 m W N ° o m n o c U m «'0 ( U C N Q o r «_ a)CQmO'wp Omamnc Cc mC CL onp-mOOmm cmgmo .E c°) cc coL. mo`am0La0o o m� m f,p �E. a° a °pN 0 A`p m0ccnm co o 00_- mU a) ai y >>mLN E om a N CNLm CDLVOm c mLO U a )yO 0 c .O' 'O — 0 co8� a) O— a L0 oN N p `m E m L ca a) mmmF0 Caa N o OyE O VOE o mEmcmo- n wDCaai) � yca a)N Q)0)- CD o- o N- m c a �'0 mm v Q p mawE mm0 m m 0 N ao >.m n5 .- « LE ac m m O oN 0 0 U. c O m 01 O N O D m O m N J O« 0' q m y L N m °) o L C j« N -� m O m 3 m CO m N Eco c N 00 T N F N f/1 c >, w= y o m C 3 m «C C~ = pmo5rmcmcm WLm m`�EE'E~a c cc10ccaNi`-°`°c? m!�a cE `'E a) a) .ma�aa)0 LL���'mamEcEoma QM oaa))L'E atEc �rn�amc «4o LL�>mNp=m0 a TmpOOco0CLa L a- DOn-�0 a)mamm chLL F- m0 Lo wwZ Qua mm0-.Uc) c�ima c�i o��mc m3 mU 4c mL« LEGAL DESCRIPTION FOR A -LINE EACH AND EVERY FIGHT OR RIGHTS OF ACCESS OF THE GRANTOR TO AND FROM ANY PART OF THE RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 68 A FREEWAY ESTABLISHED ACCORDING TO THE LAWS OF THE STATE OF COLORADO AND FROM AND ANY PART OF THE, REAL PROPERTY OF THE GRANTOR IN THE SOUTHWEST ONI- QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE 6"' PRINCIPAL MERIDIAN, IN LARIT IER COUNTY, COLORADO, ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE ACCESS LINE OR LINES DESCRIBED AS FOLLOWS: (PROJECT NO,) (PARCELS #I) (LOCATION OF LINE) S0068 (2) ALL OF AC-24, PT. OF AC-25 NORTHERLY A 60 FOOT WIDE OPENING IN THE EXISTING NORTHERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY NO. 68 (HARMONY ROAD), LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE WEST END BY A 3 '/4" ALUMINUM CAP, IN A RANGE BOX, STAMPED "FORT COLLINS LS 17497, 1991" AND AT THE EAST END BY A'/4" IRON PIPE IN A RANGE BOX, IS ASSUMED TO BEAR S89°26'19"E, WITH A DISTANCE OF 2649.05 FEET BETWEEN SAID MONUMENTATION. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32, THENCE N00°16'15"E, ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER, A DISTANCE OF 30.00 FEET; THENCE S89026'187E, A DISTANCE OF 70.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF TIMBERLINE ROAD AND THE NORTHERLY RIGHT-OF-WAY OF HARMONY ROAD; THENCE ON SAID NORTHERLY RIGHT-OF-WAY, THE FOLLOWING TWO (2) COURSES: 1) S89°26' 18"E, A DISTANCE OF 681.89 FEET; 2) N89°31'50"E, A DISTANCE OF 55.94 FEET, TO THE POINT OF BEGINNING; THENCE THE FOLLOWING THREE (3) COURSES ON SAID NORTHERLY RIGHT-OF-WAY, BEING THE 60 FOOT WIDE OPENING; 1) N89°31'50"E, A DISTANCE OF 24.64 FEET; 2) S00°16'28"W, A DISTANCE OF 1.45 FEET; 3) S89°26' 19"E, A DISTANCE OF 35.34 FEET, TO THE POINT OF TERMINUS. THE RIGHT OF THE GRANTOR TO HAVE THE FOLLOWING POINTS OF ACCESS AT THE LOCATION SET FORTH HEREINAFTER, TO BE LIMITED IN USE BY THE GRANTOR TO THE WIDTH AND LOCATION DESIGNATED ACCORDING TO THE CENTERLINE STATION ON THE GRANTEE'S PROJECT NUMBER: S0068 (2). X:\3930000.all\3934701\Drawings\Lega1 Exhibits\A-line legal.doc W IDTI 1 60 FOOT CENTER OF ACCESS OPENING OPPOSITE (REVISED) LT. OR RT'. LT CENTERLINE STATION_ 113+29 I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HERE TATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXI[IBI"I' WERE��P� I*, ER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, 1 A•T.I�1 BELIEF, ARE CORRECT. DAVID P. RO: COLORADO] FOR AND ON LAND SURVEYOR LLC. 23 ,T() L o3 THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY X:\3930000.all\3934701\Drawings\Legal Exhibits\A-line legal.doc _ _m__ __ m .mom 3 12 =w _, Ggk7 ! )\k\\% _ / - ------ - SECTION 3=Go - ------- ©o>mm / ,o U2 ROAD > \ E » m , m2®,©\ §\§§)/ ;R-! e &-m-8 !r; e �woq) 1\) \[ )2m`m! ` \\!\ 5 me o ` )■! )' < \ k\ � ! / «r \ @§)® \ �$m \\ tv : y§� \ \ \ \ ( \® 2 CTI \ / \ / o m \!§ - / §@Bi§ \! \ =ter <!« , = 2 �\22m �.! {> ;;! ƒ |k % 0- CD CD § (100 u)X �A ( {{ \ } o p �e01, ! 1u �| § 3 .\ e \ § 2 § DECLARATION OF JOINT ACCESS EASEMENT THIS DECLARATION is made on the date hereinafter set forth by HARMONY EXECUTIVE PARK LLC, a Colorado Limited Liability Company ("Executive Park") and AVG HARMONY, LLC, a Delaware Limited Liability Company ("AVG"). Executive and AVG are sometimes hereinafter referred to jointly as 'Declarants." RECITALS A. Executive Park is the owner of that certain parcel of real property (hereinafter referred to as the "Executive Park Property") situate in the City of Fort Collins, County of Larimer, State of Colorado, legally described as set forth on Exhibit "A" attached hereto and incorporated herein by this reference. B. AVG is the owner of that certain parcel of real property (hereinafter referred to as the "AVG Property") situate in the City of Fort Collins, County of Larimer, State of Colorado, legally described as set forth on Exhibit "B" attached hereto and incorporated herein by this reference. C. Declarants desire to establish a temporary non- exclusive easement and right-of-way over and across that portion of the Executive Park Property described on Exhibit "C" attached hereto and incorporated herein by this reference (which easement is hereinafter referred to as the Temporary Easement"), and to establish a perpetual, reciprocal non-exclusive easement and right-of-way over and across that portion of the Executive Park Property described on Exhibit "E" attached hereto and incorporated herein by this reference (which easement is hereinafter referred to as the "East Easement"), and to establish a perpetual, reciprocal non-exclusive easement and right-of-way over and across that portion of the AVG Property described on Exhibit "D" attached hereto and incorporated herein by this reference (which easement is hereinafter referred to as the "West Easement"). The East Easement and the West Easement are sometimes hereinafter referred to collectively as the "Access Easement." FAM.121211101LiYy NOW, THEREFORE, for Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, Declarants do hereby create, declare, dedicate and establish (i) a temporary, non-exclusive easement on, over and across the Temporary Easement, and (ii) a perpetual, reciprocal non-exclusive easement on, over and across the Access Easement, for the purpose of providing joint and reciprocal vehicular and pedestrian access to the Executive Park Property and the AVG Property, subject to the terms and conditions set forth below. 1. The owner of the Executive Park Property —and the owner of the AVG Property shall have the right at any time and from time to time to construct, install, maintain and repair a temporary paved access driveway and appurtenant improvements over and upon the Temporary Easement, and a permanent paved access driveway, pedestrian trail and appurtenant improvements over and upon the Access Easement. Prior to commencement of construction of any such improvements, the constructing party shall have received the written approval of the plans for such improvements from the other party, which approval shall not be unreasonably withheld or delayed, as well as final approval by the City of Fort Collins ("City") of the plans for such construction, and any building and other permits required by the City. All work performed on any of the driveway and appurtenant improvements shall be performed by the constructing party in a good and workmanlike manner, and in accordance with the approved plans and all applicable laws, rules, orders and regulations of the City and other applicable governmental authorities, if any. Upon completion of such improvements, the party completing same shall notify the other party in writing of the amount of the total costs incurred in constructing such improvements (including with such notice copies of all invoices or other documentation evidencing the costs incurred for such work) and a lien release for work performed on the Temporary Easement or the Access Easement, as applicable, releasing any lien for services rendered and materials supplied on the Access Easement or the Temporary Easement. With respect to any temporary paved access driveway and appurtenant improvements (which shall not be installed more than fifteen [15] days prior to the anticipated issuance of the first certificate of occupancy for building improvements constructed on the AVG Property following the date hereof), AVG shall bear all cost of installation, maintenance and removal (and restoration of the Executive Park Property, if applicable). With respect to permanent improvements constructed pursuant to the foregoing, the non -constructing party W&M 10/16/06) 2 shall reimburse the constructing party for the non -constructing party's pro rata share of the actual cost of construction of such improvements within thirty (30) days following receipt of notice, invoices and lien waivers in accordance with the following: (i) AVG shall bear the entire cost of construction of improvements on and with respect to the West Easement; and (ii) Executive Park shall bear 2/3 of the actual cost and AVG shall bear 1/3 of the actual cost of construction of improvements upon and with respect to the East Easement (AVG's share of such cost shall also be deemed to include 1/3 of the actual cost of City -required improvements to Snow Mesa Drive). Notwithstanding the foregoing, AVG's share of such actual costs for permanent improvements shall not exceed $150,000.00. Notwithstanding the foregoing, in the event that ExecutiveParkbenefitsfromany contribution by the City, in the form of paybacks, repays, cost reimbursements, cost participations or other financial benefits, AVG shall share in the benefit of such contributions in the same proportion in which it has borne the actual cost of the improvements for which such contribution is made. Declarants agree that an owner performing any construction of improvements contemplated by this Declaration shall have a temporary non-exclusive construction easement (the "Construction Easement") over and across those portions of the other owner's property which are adjacent to the Access Easement or the Temporary Easement as are reasonably necessary to permit the owner performing the work to construct such improvements (the "Construction Easement Area"). The use of the Construction Easement Area by the owner constructing the driveway improvements and its use of the Construction Easement shall not materially interfere with the rights of the other owner relating to such other owner's use and development of its property, and the two owners hereby agree to cooperate in the scheduling and completion of such work to minimize any inconvenience such work may cause. Upon substantial completion of the driveway improvements, including, but not limited to, the approval of such construction by the City, if applicable, the owner performing such work shall restore those portions of the Construction Easement Area which are not part of the improved Access Easement or Temporary Easement to substantially the same condition they were in on the date the construction was started. This Construction Easement shall terminate automatically and shall be of no further force and effect upon the completion of the driveway improvements and the final restoration of the Construction Easement Area. (HF&M 10/16/06) 3 Neither the owner of the Executive Park Property nor the owner of the AVG Property shall at any time install, construct, maintain, operate or place any improvements or other obstructions upon any portion of the Access Easement or the Temporary Easement which would obstruct or interfere with the use of same by Declarants or their respective successors and assigns. 2. Notwithstanding any other terms or conditions of this Declaration to the contrary, the Temporary Easement shall become null and void and cease to exist, and to the extent necessary be deemed abandoned and vacated, upon the earlier of (i) completion of construction of improvements over and upon the "East Easement", or (ii) two (2) years from the date of this Declaration. While --it --is the intent- -of- t.I Puy abandonment and vacation of the Temporary Easement shall be self -effectuating, each of the parties agrees to execute such further or additional documents as may be necessary to evidence the abandonment and vacation of the Temporary Easement. 3. The easements hereby created and conveyed shall be for the mutual benefit of Declarants, and their respective successors, legal representatives, assigns, employees, tenants, subtenants, licensees, guests, business invitees or any other person having an interest in the Executive Park Property or the AVG Property, respectively. 4. The owner of each property and each owner's respective successors and assigns, shall secure and maintain general public liability insurance, including insurance from claims against personal injury, death or property damage occurring in, or on or about the Access Easement or the Temporary Access of Easement, at the sole cost and expense of such owner. Each owner granted an easement herein ("Indemnifying Owner") shall indemnify, defend and hold the other owner and its officers, directors, members, managers, successors and assigns ("Protected Owner") harmless from and against any and all claims, suits, demands, actions, judgments, damages, liens, losses, costs and expenses, including, without limitation, reasonable attorneys' fees and court costs, suffered or incurred by the Protected Owner as a result of or in connection with the use, improvement or maintenance of the easements granted herein by the Indemnifying Owner and its contractors, agents, employees, servants, customers, guests, tenants, licensees or invitees, during the period of such Indemnifying Owner's ownership of its property (it being the intent of the parties that an Indemnifying Owner shall have liability under this indemnification only with respect to events occurring during such party's ownership of a property). The (HF&M 10/16/06) 4 foregoing indemnity shall not apply to the extent that any such claims, suits, demands, actions, judgments, liens, damages, losses, costs or expenses are the result of the negligence or intentional misconduct of the Protected Owner, its contractors, agents, employees, servants, customers, guests, tenants, licensees or invitees. 5. Until such time as certificates of occupancy have been issued with respect to the improvements located on both the Executive Park Property and the AVG Property, the owner of either such property shall have the right to install improvements for the purpose of use and enjoyment of the easements herein granted (as set forth in paragraph 1, above), and the installing owner shall ave- �duty-arrd-obYi-patron_ at--�t�—se3�--costa-n�-expense,—tD repair and maintain all improvements constructed and installed within the Access Easement or Temporary Access Easement in such a manner as is reasonably necessary and appropriate for the proper use of vehicular and pedestrian ingress, egress and access within, over and across the Access Easement or Temporary Access Easement. Such repair and maintenance shall be completed in a commercially reasonable manner as determined by that owner from time to time. Such repair and maintenance shall include, but is not necessarily limited to, the following: general maintenance, repairs, replacements, resurfacing, repainting, repaving, restriping, cleaning, sweeping, snow removal, directional signs and other markers and bumpers, and provision for personnel or independent contractors to implement the foregoing services. Following the issuance of certificates of occupancy with respect to improvements located on both the Executive Park Property and the AVG Property, the owner of the Executive Park Property shall thereafter repair and maintain the East Easement as set forth above, but shall be entitled to reimbursement from the owner of the AVG Property for 1/3 of the expenses for repairs, improvements and other capital expenses incurred in providing such services with respect to the East Easement (but excluding any obligation on the part of the owner of the AVG Property to reimburse any portion of the cost of routine day-to-day maintenance of the East Easement). Such repair and maintenance obligations, and the obligation to reimburse same, shall also include similar repair and maintenance of any and all improvements installed, used and/or maintained to provide access to or over Snow Mesa Drive (including, without limitation, cost of maintaining and repairing all City -required improvements to Snow Mesa Drive, to the extent not undertaken by the City). Such reimbursement shall be due within thirty (30) days after issuance of a notice of assessment of same from the owner of the Executive (HF&m 10/16/06) 5 Park Property to the owner of the AVG Property. If the owner of the AVG Property fails to pay any such assessment when due, the owner of the AVG Property shall be liable to the owner of the Executive Park Property for all unpaid assessments, plus interest accruing thereon at the rate of eighteen percent (180) per annum until paid, together with costs of collection, including, without limitation, reasonable attorneys' fees incurred, and the owner of the Executive --Park Property shall have all other- remedies set forth in this Declaration for the collection of such expenses from the owner of the AVG Property. If the owner of the Executive Park Property shall fail to properly maintain the East Easement as hereinabove provided, the owner--o-f— the—AV-G -P-r-ape=r-ty�_ ha-l1--have-- the- -right-,—but not the---- -- obligation, to maintain and repair the East Easement upon fifteen (15) days prior written notice to the owner of the Executive Park Property of its intention to do so. Thereupon, the owner of the AVG Property may expend such monies as may be required to properly maintain the East Easement, and the owner of the Executive Park Property shall, within thirty (30) days after receipt of notice from the owner of the AVG Property, reimburse the owner of the AVG Property for 2/3 of the total expenses incurred in connection with such activities. In the event of the failure of the owner of the Executive Park Property to pay any such assessment when due, the owner of the Executive Park Property shall be liable to the owner of the AVG Property for all unpaid assessments, plus interest accruing thereon at the rate of eighteen percent (18%) per annum until paid, together with costs of collection, including, without limitation, reasonable attorneys' fees incurred, and the owner of the AVG Property shall have all of the remedies set forth in this Declaration for the collection of such expenses from the owner of the Executive Park Property. Following the issuance of certificates of occupancy with respect to improvements located on both the Executive Park Property and the AVG Property, the owner of the AVG Property shall thereafter repair and maintain the West Easement as set forth above, at the sole cost and expense of the owner of the AVG Property. If the owner of the AVG Property shall fail to properly maintain the West Easement as hereinabove provided, the owner of the Executive Park Property shall have the right, but not the obligation, to maintain and repair the West Easement upon fifteen (15) days prior written notice to the owner of the AVG Property of its intention to do so. Thereupon, the owner of the Executive Park Property may expend such monies as may be required to (HF&M 10/16/06) 6 properly maintain the West Easement, and the owner of the AVG Property shall, within fifteen (15) days after receipt of notice from the owner of the Executive Park Property, reimburse the owner of the Executive Park Property for all of the expenses incurred in connection with such activities. In the event of the failure of the owner of the AVG Property to pay such expenses then, in such event, the owner of the Executive Park Property shall have all of the remedies set forth in this Declaration for the collection of such expenses from the owner of the AVG Property. 6. Without limiting the availability of any other remedy provided at law or in equity, or by this Declaration, in the event of failure of any party to pay any assessment hereunder when due, the —owner of the other property- shall be —entitled to a lien against the property of the nonpaying owner to secure payment of such amount, which lien may be evidenced, at the non -defaulting owner's election, by notice of lien setting forth the amount due and rate of interest accruing thereon, which lien may be recorded in the real property records of Larimer County, Colorado, until such lien is paid and discharged, and which lien may be foreclosed in the same manner as a real estate mortgage under Colorado law. 7. Notwithstanding any other provisions herein to the contrary, the owner of each respective property shall be responsible for and shall hold the other owner harmless from any costs or damages to and expense for repair of the Access Easement or Temporary Access Easement caused by extraordinary use thereof by such owner (including, without limitation, use of the Access Easement or Temporary Access Easement for ingress and egress for construction equipment or similar heavy use) and any damage to the driveway improvements caused by the negligence or willful acts of such owner, its guests or business invitees. S. Each of the parties shall keep the Access Easement and the Temporary Access Easement free and clear of any prior liens or encumbrances, or any mechanics or materialmen liens, resulting from the activities of such party. Each of the owners of the Executive Park Property and the AVG Property agree to pay or cause to be paid directly to the appropriate taxing authorities, prior to delinquency, all real property taxes and assessments which are levied against their respective properties. 9. The easements hereby created and conveyed are non- exclusive and shall furthermore be subject to the rights of any pre-existing grants of easements appearing of record in the Larimer County, Colorado real estate records. Furthermore, in the event the City requires any easement in favor of the City to MFSM 10/16/06) 7 Cr) 10 N >` N N C 0 a) « Evi «mcd Cl) ° Om cRm c« 0) o w N a) ° c C E « O 0) O C c C a mm� a) a)- 0 «E0.rnsaii_ro oY�� ccmdVy E� co _ N W L tf N C a) a) .a). C U U O 'O N L L .-. 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Notwithstanding any other provision of this Declaration, Executive Park shall have the right, at its sole election at any time and from time to time, to realign, reconfigure or relocate the course of the East Easement, provided only that it shall do so at its sole cost and expense, and further provided that such realignment, reconfiguration or relocation shall not unreasonably interfere with the use and enjoyment of the East Easement by AVG or its successors in interest as owners or users of the AVG Property. Notwithstanding any other provision of this Declaration, AVG shall have the right, at its sole econfi ureelection at any time and relo ate the from time to time, to realign, g course of the West Easement, provided only that it shall do so at its sole cost and expense, and further provided that such realignment, reconfiguration or relocation shall not unreasonably interfere with the use and enjoyment of the West Easement by Executive Park or its successors in interest as owners or users of the Executive Park Property. 11. Subject to paragraphs 2 and 10, above, the various easements hereby created and conveyed may be amended, vacated, released, abandoned or terminated in whole or in part by instrument executed by the then owners of the Executive Park Property and the AVG Property, together with the holders of any first mortgages encumbering any portions of said properties. Any such instrument must be recorded in the Office of the Clerk and Recorder of Larimer County, Colorado, to be effective, valid and binding. 12. Any notice or other communication given by either party to the other relating to this Agreement shall be in writing, and shall be delivered in person, sent by certified mail, return receipt requested, or sent by reputable overnight courier, to such other party at the respective addresses set forth below (or at such other address as may be designated from time to time by written notice given in the mannerprovided ' be Such notice shall, if hand delivered or personally served immediately upon receipt. If sent by certified mail, return receipt requested, such notice shall be deemed given on the third business day following deposit in the United States mail, postage (HF&M 10/16/06) 8 prepaid and properly addressed; and if delivered by overnight courier, shall be deemed effective on the first business day following deposit with such courier: If to Executive Park, to: Harmony Executive Park LLC 114 North Mason Street, Suite 4 Fort Collins, Colorado 80524 If to AVG, to: AVG Harmony, LLC 9595 Wilshire Boulevard, Suite 710 Beverly Hills, California 90212 13. This Declaration shall be governed by and construed in accordance with the laws of the State of Colorado. 14. Nothing in this Declaration shall be construed to make the parties hereto partners or joint venturers or to render either of said parties liable for the debts or obligations of the other party. 15. To the extent necessary to give effect to the terms hereof, and the declaration and dedication herein made, this Declaration shall constitute a covenant against the Executive Park Property and the AVG Property, and the Executive Park Property and the AVG Property shall hereafter be held, sold, conveyed, transferred, leased, subleased or occupied subject to the terms, conditions, covenants or limitations set forth herein, which shall run with said properties, and be binding upon all parties who have any right, title or interest in said properties, or any portion thereof. 16. The terms and provisions contained in this Declaration of Joint Access Easement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (HF&M 10/16/06) 9 IN WITNESS WHEREOF, the parties hereto have executed this Declaration of Joint Access Easement as of the day and year first above written. HARMONY EXECUTIVE PARK LLC, a Colorado Limited Liability Company B . Campa , Manager AVG HARMONY, LLC, a Delaware Limited Liability Company By: rrance L. anco an Jr., Agent for Owner STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Zhe foregoing instrument was acknowledged before me this day of d2��.e.�- , 2006, by Gino Campana as Manager of HARMONY EXECUTIVE PARK LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires:' tN0 Notary Vblic t Vow aF COS O (HFSM 10/16/06) 10 STATE OF (a ) ) ss. COUNTY OFrt�Q��N ) The foregoing �instrument was 1.p day of CldAn, , 2006, Agent for Owner of AVG HARMONY LLC, Company. acknowledged before me this by Terrance L. Fangman, Jr. as a Delaware Limited Liability WITNESS my hand and official seal. My commission expires: GENERALNONARY. State of Nebraska JESSICA COOPER My Comm. Exn. Jan 31, 2.007 Not y Public (HF&M 10/16/06) 11 RATIFICATION (Lender - Executive Park Property) The undersigned, having a security interest in or lien upon all or any part of the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms, and consents to the foregoing Declaration of Joint Access Easement. IN WITNESS WHEREOF, the unders1'34ped has caused its name to be h re nq to subscribed by its 1 CI � tlli/Yl/a h this day of 2006. STATE OF COLORADO ) ) ss. COUNTY OF V v Q-V1'- ) The foregoing ��instrument was acknowledge before� e this da C of 2p06, by lid l l 74 �✓1 ,5 1 as Cf 4 of ( 1 e a-0' fl I� �Ti M to t91 a WITNESS my hand and official seal. My commission expire, (HF&M 10/16/06) 12 RATIFICATION (Lender - AVG Property) The undersigned, having a security interest in or lien upon all or any part of the real property described on Exhibit "B" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms, and consents to the foregoing Declaration of Joint Access Easement. IN WITNESS WHEREOF, the undersigned has caused its name to be hereunto subscribed by its %A ;/,4 :l- this a7*?% day of 2006. STATE OF NEBRASKA ) (� ) as. COUNTY OF AlDo�waXn�_ ) The foregoing - acknowledged before me this &qAA day of 2006, by as r Of // WITNESS my hand and official seal. My commission expires: 9-w'-a Notary ublic GENERAL NOTARY -State of Nebraska GREG T. NELSON MY Comm. Eap. Jury S, 2008 (HF&M 08/22/06) 12 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DECLARATION OF JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG"). Legal Description of the Executive Park Property A parcel of land located in the East '-i of the Southwest < of Section 32, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the East 1- of the Southwest 4 of Section 32, Township 7 North, Range 68 West as bearing South 00012121" West with all bearing contained herein relative thereto. Commencing at the Northeast corner of the East ;-� of the Southwest 14 of Section 32, Township 7 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado; Thence run South 00012'21" West along the East line of the said East ',i for a distance of 2,652.87 feet to the Southeast corner of said East 11i; Thence leaving said East line run North 89027'04" West along the South line of said East '-i for a distance of 661.67 feet to the Point of Beginning; Thence continue North 89°27'04" West along said South line for a distance of 662.89 feet to the Southwest corner of said East ',!�; Thence leaving said South line run North 00°15'46" East along the West line of said East ',� for a distance of 30.78 feet to the North right of way line of State Highway #68 (East Harmony Road); Thence leaving said North right of way line continue North 00015146" East along said West line for a distance of 265.87 feet; Thence leaving said West line run North 89045116" East for a distance of 691.37 feet; Thence run South 00059133" West for a distance of 14.19 feet to the beginning of a curve concave to the East having a radius of 548.68 feet and a chord bearing of South 04°48'50" West; Thence run Southerly along the arc of said curve through a central angle of 7°38'34" for a distance of 73.19 feet to the end of said curve; Thence run South 09008,00" West for a distance of 89.73 feet to the beginning of a curve concave to the East having a radius of 589.50 feet and a chord bearing of South 05037127" West; Thence run Southerly along the arc of said curve through a central angle of 7'01106" for a distance of 72.21 feet to the end of said curve; Thence run South 02°06'54" West for a distance of 26.83 feet to the aforesaid North right of way line; Thence leaving said North right of way line continue South 02006154" West for a distance of 31.69 feet to the Point of Beginning. Together with a non-exclusive Limited Entry Easement appurtenant to the above -described property, as set forth in that certain Declaration and Reciprocal Easement Agreement dated November 15, 2004, by and between ARC Communities 2, LLC and Nominee Services, Inc. recorded December 27, 2004, at Reception No. 20040123056, County of Larimer, State of Colorado. EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE DECLARATION OF JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY (`AVG"). Legal Description of the AVG Property Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, and Tract A, Harmony School Shops 4th Filing, in the City of Fort Collins, County of Larimer, State of Colorado. EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE DECLARATION OF JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG"). Legal Description of the Temporary Easement LEGAL DESCRIPTION ACCESS EASEMENT A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF LOT 6, HARMONY SCHOOL SHOPS 4n FILING, IS ASSUMED TO BEAR N00012157"E. COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, HARMONY SCHOOL SHOPS 4TI, FILING; THENCE N 00° 12'5 TT, ON THE EAST LINE OF SAID LOT 6, A DISTANCE OF 210.44 FEET TO THE POINT OF BEGINNING; THENCE N00°12'57"E, ON THE EAST LINE OF LOT 4, HARMONY SCHOOL SHOPS 41" FILING, A DISTANCE OF 34.00 FEET; THENCE S8902619"E, A DISTANCE OF 678.14 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 5405711" AND A RADIUS OF 14.00 FEET, A DISTANCE OF 13.43 FEET, THE CHORD OF SAID CURVE BEARING N63004-38"E, WITH A LENGTH OF 12.92 FEET TO THE WEST RIGHT-OF-WAY LINE OF SNOW MESA DRIVE, ANDA POINT OF CURVATURE; THENCE ON SAID WEST RIGHT-OF-WAY LINE AND THE ARC OF A NON -TANGENT CURVE TO THE LEFT, CURVE HAVING A DELTA OF 4°53'49" AND A RADIUS OF 548.68 FEET, A DISTANCE OF 46.89 FEET, THE CHORD OF SAID CURVE BEARING SO4°58'51 "W, WITH A LENGTH OF 46.88 FEET; THENCE N87°28'05"W, A DISTANCE OF 5.17 FEET TO A POINT OF CURVATURE, THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT, CURVE HAVING A DELTA OF 96-3112" AND A RADIUS OF 5.93 FEET, A DISTANCE OF 9.99 FEET, THE CHORD OF SAID CURVE BEARING N4101014"W, WITH A LENGTH OF 8.85 FEET, TO A POINT OF TANGENCY; THENCE N89°26'19"W, A DISTANCE OF 674.74 FEET TO THE POINT OF BEGINNING. CONTAINING AN OVERALL AREA OF 23,430 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED HEREBY STATE THAT THE ABOVE LEGAL DESCRI PREPARED UNDER MY RESPONSIBLE CHARGE INFORMATION, AND BELIEF, ARE CORRECT. COLORADO PLS NO.37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO. 80525 LAND SURVEYOR, DO kCHED EXHIBIT WERE OF MY KNOWLEDGE, THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP 7F THIS TRACTOR VERIFYEASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO WSPONSIB27YFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH INATTORNEY State Hiqhwav Access Permit Page 1 Attachment to Permit No. 404038 - Additional Terms and Conditions I . If there are any questions regarding this permit, please contact Gloria Hice-Idler at (970) 350-2148. 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" - Construction Plans "B" - Development Plan and Landscape Plan WAIVERS: 3 conditions on 1 waiver 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. The access is limited to 3/4 movements (right -in, right -out, and left -in). Left turns out of the access are not allowed as identified on the attached Exhibit "A". 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. lucl V83W MONB Z a � 8pp _ w noirn 00 o to 3 Wb'o C� F 8 i�aYi n] ;n v m n wsa tZy U M <II II uo M z � W M O0 �z to U KmmW N 17 m M 0101m,* 1A3 � VI Oi u p EG .- u o p, -to om �+ .'mmm• m�J�1: � v Z uMi�Mwm O O m H 0 w J U N n � m r Y r m �o h R= 6 W T 3 '41 2 Pi N 2 Z Zi ..... •• m ,.'�� uri $ o � •V PRd'o 9N17LI NLt SdONS 70OH,75 .lNO/Y.YYN t 107 SDNIW38 d0 SISV8 SN/7Ld N!t SdONS 7O0NDS .fNOit'NYH 9107 (HF&M 10/16/06) 18 EXHIBIT "D" ATTACHED TO AND MADE A PART OF THE DECLARATION OF JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG"). Legal Description of the West Easement LINE TABLE UNE I BEARING LENGTH LI S60'09'01"W 7.42 L2 S8736'42"W 9.72 L3 N8926'19"W 7.30 L4 N89'26'19"W 18.06 L5 N00'16'28"E 1.45 L6 S89'31'50"W 17.94 L7 N60'09'01"E 7.42 CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING C1 3024'40" 30.00 15.92 15.74 S75'21'21"W C2 27'03'08" 70.00 33.05 32.74 S73'40'35"W C3 5533'29" 25.00 24.24 23.30 S6246'57"W C4 23'02'54" 218.00 87.69 87.10 N11'4418"E C5 8'46'29" 447.71 68.56 68.50 N31'38'31"E C6 27'03'08" 50.00 23.61 23.39 N73'40'35"E C7 30'24'40" 50.00 26.54 26.23 N7521'21"E 1011.CF, CORDING TO COLORADO LAN YU. MUST CCMMESCL ANY LEGAL ACTION OA im LPON ANY OCFCCT IN Td 15 SURVEY NID114 TRRCE YEARS FIE? YOU 'RST DISCOVER SUCH DE=ECT. IN NO EVENT. MAY ANY A.CIIUIJ 8ASE7 U- N ANY DEFEC IN 11-I5 SURVEY BE COMMENCED MORE IAN 'CN YEARS AFTER 711E DATE CF T^E CERTIFICAT-.ON SFIOWN HEREON. PUBLIC AND EMERGENCY ACCESS EASEMENT EXHIBIT JOB N0, 39347.00 9-20-06 SHEET 1 OF 2 J•R ENGNIR.P.RIX( R M"�f.yy 1W Ft hyaYfbi9H tl.1l i4yfn Nb[ 9N1FM�.4 WN-'.lY.�rMeYiml4mc LEGAL DESCRIPTION ACCESS EASEMENT A TRACT OF LAND IN PORTIONS OF LOTS 4 THROUGH 8, HARMONY SCHOOL SHOPS 4' FILING, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EASTERLY BOUNDARY OF HARMONY SCHOOL SHOPS 47B FILING, IS ASSUMED TO BEAR N00012'57"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID HARMONY SCHOOL SHOPS 4"' FILING; THENCE N00" 12'57"E, ON SAID EASTERLY LINE, A DISTANCE OF 223.44 FEET TO THE POINT OF BEGINNING; THENCE N89°26' 19"W, A DISTANCE OF 166.75 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 30°2440" AND A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 15.92 FEET, THE CHORD OF SAID CURVE BEARING S75.21-21 "W, WITH A DISTANCE OF 15.74 FEET, TO A POINT OF TANGENCY; THENCE S60°09'01 "W, A DISTANCE OF 7.42 FEET, TO A POINT OF CURVATURE;, THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 27003'08" AND A RADIUS OF 70.00 FEET, AN ARC LENGTH OF 33.05 FEET, THE CHORD OF SAID CURVE BEARING S73040'35"W, WITH A DISTANCE OF 32.74 FEET, TO A POINT OF TANGENCY; THENCE S87012'09"W, A DISTANCE OF 87.13 FEET; THENCE N89026' 19"W, A DISTANCE OF 97.10 FEET; THENCE S87036 42' W, A DISTANCE OF 9.72 FEET; THENCE N89°26'19"W, A DISTANCE OF 7.30 FEET; TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 55033'29" AND A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 24.24 FEET, THE CHORD OF SAID CURVE BEARING S62046'57"W, WITH A DISTANCE OF 23.30 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE ON THE ARC OF A TANGENT COMPOUND CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 34°47'22" AND A RADIUS OF 182.00 FEET, AN ARC LENGTH OF 110.51 FEET, THE CHORD OF SAID CURVE BEARING S 17"36'32"W, WITH A DISTANCE OF 109.82 FEET, TO A POINT OF TANGENCY; THENCE S00" 12 51 "W, A DISTANCE OF 85.54 FEET TO THE NORTH RIGHT-OF- WAYOF-HARMONY-ROAD; THENCE ON SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: (HFSM 10/16/06) 20 1) THENCE N89°26' 19"W, A DISTANCE OF 18.06 FEET; 2) THENCE N00°16'28"E, A DISTANCE OF 1.45 FEET; 3) THENCE S89°31'50"W, A DISTANCE OF 17.94 FEET; THENCE N00012'51'B, A DISTANCE OF 84.19 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 23002'54" AND A RADIUS OF 218.00 FEET, AN ARC LENGTH OF 87.69 FEET, THE CHORD OF SAID CURVE BEARING Nl1°44'18"E, WITH A DISTANCE OF 87.10 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 08046'29" AND A RADIUS OF 447.71 FEET, AN ARC LENGTH OF 68.56 FEET, THE CHORD OF SAID CURVE BEARING N31038-31 "E, WITH A DISTANCE OF 68.50 FEET TO A POINT OF NON - TANGENCY; THENCE S82018' 15'B, A DISTANCE OF 68.44 FEET; THENCE S89`26' 19'B, A DISTANCE OF 81.88 FEET; THENCE N87012'09"E, A DISTANCE OF 86.54 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 27003'08" AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 23.61 FEET, THE CHORD OF SAID CURVE BEARING N73°40'35"E, WITH A DISTANCE OF 23.39 FEET, TO A POINT OF TANGENCY; THENCE N60°09101 "E, A DISTANCE OF 7.42 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 30024'40" AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 26.54 FEET, THE CHORD OF SAID CURVE BEARING N75.2121 "E, WITH A DISTANCE OF 26.23 FEET, TO A POINT OF TANGENCY; THENCE S89°26'19"E, A DISTANCE OF 166.63 FEET, TO A POINT ON THE EASTERLY LINE OF SAID HARMONY SCHOOL SHOPS 4TH FILING; THENCE S00° 12'57"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING; CONTAINING AN OVERALL CALCULATED AREA OF 17,265 SQUARE FEET. (HF&M 10/16/06) 21 I, CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EMMIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE ! nDDv/ COLORADO PLS NO.37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO. 80525 THW LEGAL DESCRIPTTONDOESNOT CONSTITUTE A 77TlESE4RCHRYJR ENGINEERING TODETERMINEOWNERSHIP OF THIS TRACTOR YERIFYEASEkTNTSOFRECORD. JRENGDVEERINOAND TTHSURYEYOR OF RECORD ASSWaSNO RFSPOMMM77FOR OWNERSHIP MMS OR EA2=G EASEMEATRl0=AND RECONAfENQS CONSULTATION WTITI ANATTORNEY. (HF&M 10/16/06) 22 a 0 J (HF&M N 8 a 0 3 m z c> > U x zw W �r W Z I z00 UJZ0 8 z UJ yS,' O J>zW OQm00 W i Z N U w0=j0WM�Uf N�WEG G�GN C W S m UVf =) W z W W fDUmzw ,b47£ZZ 3.«L9,ZLOON Go m 0 J m 0 O J 'ern 3.I9,Z LOON w 0 0 w O T U ww 20 ru z w m NN 2 mr z � U U� wo W z O z z Q az O oa D � W O < ym az mo z OQz Qz JQZ <m J � _ azo 1�F U W U zOM 2_¢ 0-0 W frilU� EXHIBIT "E" ATTACHED TO AND MADE A PART OF THE DECLARATION OF JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG"). Legal Description of the East Easement (HFSM 10/16/06) 24 L.F GAI. DESCRIPTION ACCESS EASEMENT A PORTION OF TI Iti SOL'TTTUbT.9T ONE -QUARTER OF SECTION 32, TOAkWSHIP 7 NORTH. RANGE 68 W'E$1' Ob' '1'l lE 6t1, FM, C[TY OF FORT C:OT.T.TNS, COLTK TY OF L .ARIMER. STATE OF COLORADO, 140RE rAR.TICULARLY DESCRIBED AS FOT.I_OR'S= BASIS OF SF.?iRYNG: THE EAST LINE OF T1.ARTvTONY SCTTOOT. SHOPS 4' FTT.TICU, is A.SSUNIED TO SEAR V00012'57"E. CO VAKNCE AT TH"F SOTF r'MF.AST CORNER OF C.OF 6, HARAfn-NY SCHOOL S11OY5 4'" FILING; ikIENCh N OG`12'57-!» ON '1'lLE L-LS'T LINL OF SAiI) HARMONY SCHOOL SHOPS 47M FILINC3. A DISTANCE. OF 218.40 FEET TO THE POI VT OF B£GriK-NLNG; Tl I I iNC:I i NOW 12'57"-, ON S ANT) EAST LIVE, A DISTANCE OF 24.00 FEET; THENCE N89045'16-E. A DISTANCE Or 9-17 FRET; THENCE N88056'46"E, A DISTANCE; Ok' 141.76 FEET; THr•.N(..r•. N89045' 16"E, A DISTANCE OF 142.50 FEET: Tl [ENCE N89-49'31 "Fh A Df9TANrT: OF 142.50 FEET: THENCE$ N89"45'16"E, A llI'STANCE OF 88.25 FRfiT; THENCE 5880571521E, A DISTANCE 01, 89A] FhET; THFNCFi 588054'33'7� A DISTANCE OF 76.08 FEET, TO h PQRvT OF CUAVATL:Rfi AND T[ f r %."M%T Rff1 f1T-OF-W'AY OF SNOW hIE-SA DRWE; TI tENCE C7V TIT& -ARC Or- A NON- TANCiM, r C'URV£ TO THE LEFT, SAYU CL 1GVE HAVING A DELTA OF 5^ I V52" AND A RADit -S' OF 54 RAS FEET, A DISTA25TCE OF 51 .OS 1HE CHORU OF SAID CURVE BEARING 304^44'20"tV. WITH.A T-UN }TF1 OF 51.03 FRRT, TO A POFNTOFNON TANG&N'C:YI THENCE N64^56'47"W, A DISTANCE OF 42.84 FEET. TO A POn T OF CURVA I'U 10E; '1'HY.mCE 011 '1'flE ARC OIr .%. T.ahTGLICT CT:RVE TO THE LEFT, S.AM CURVE HAVLVO A DELTA OF 1V28"09" ANl) A 1L1D1US OF 100-00 IM-11T, A DI BTANC;T? OF 27.00 FEET. THE CHORD OF SAID CURVE BEAIiLVC+N72'40'S2-W, Wl'171 A LUNCfUl [ qF 26.42 fTif:T, TO A POT\T OF NON Y.ANOENCY; "I IiENCE N8603 W29" W, A OTSTANCE OF 65.24 FEET; THEI4CE S$9'S5'Ol"W, r\ iJl'31'ANCIL OT' 9'775 FTP.T; THF"NCE S89045'16" Sv. A DISTAN(M O.F 36.50 F14E T: 1'11ENC l- %*99045'16" W, A f71.RTATTCF. OF 251.7 S FEET: THENCE 6$9a25'13"'%V. A DISTANCE OF 97-52 F[1RT; T7iTi+dCF: S$8'09RZ"W, A DISTANCE OF 51.31 FEE V-- 'I'11rV C'S8904i 3 6" W, A OIRTANC=1. OF 21.05 FEET; CONTAL*TING AN OVERALL AREA OF 17,368 SQUARE TT:F_T (HF&M 10/16/06) 25 L CKAD R. \VASHDVRN. A COLORADO LECESNSCD P1iOk'E�5lOVAl. I AN13 SURVFYQlt, 1W HFRF.Ky STATF THAT WE T.F.GAT. TYESCRIPTTO - ND ATTACHED EXH183T WERE PREPARED UNDER MY RESPOR9IFLN CHARGE. AND ON '1'H ' KNCIVi LHDC R; EAM!)M NA'IIbN. ANDTiRT.[F.F. ARE CORRECT. _ COLOR -ADO PLSNO.379W FOR AND OK THE RRHAT.F OF JR RNC104RRRTKC- LIZ 2620 EAST PROSPECT ROAD. S LTTE ] 90 FORT COT.T.TNS. CO. 90523 THIS LEGAL DESC M1'1'ION DOES NUT C ONST1TUTE A TITLE SEAR(-" HY JR ENGN£ERING 10 DEIERKhM�;£ OWNTERSHIP OF THIS TRACT OR VERIFY EASENIE14TS OF RECORD, JR EKGrTEEMG AND THE SURVEYORD OF RECORAS$U-S NO RESPCIVSIBILITYFOR OWNERSFLIPRIGHTS O;R 1:XFSTFNCi RASIiMCNI' RI01FAN AND RF.CC1Wmr..NT)S C:C1NSlJ1.TATJ ON N'1T11 AN A"I'TORN F:Y (HF&M 10/16/06) 26 h aam:[.aN&nWLwaiarL--�[hlipli:4[�xWLi[/S[s£u.1s4 Un¢ .'uwx>xuu:ex erc. NgWA Ce776 ' lor4 AWAOL dr SfW= SHLPS 47H f7.4fimwrSc7m 9vcps 47H I &kvc aAv BASES OF BEARINCS N00'1757"E 218A0' L[ _ c yy12=JJ M y � T i m C t y e Or Z {.. R box V8 G t g� I � s 0 (HF&M 10/16/06) 27 State Hiqhwav Access Permit Attachment to Permit No. 404038 - Additional Terms and Conditions Page 2 13. All costs associated with the installation of this access are the responsibility of the Permittee. This includes 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 State Highway Access Permit Page 3 Attachment to Permit No. 404038 - Additional Terms and Conditions permit and be available on the site during construction. 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 State Hiahwav Access Permit Page 4 Attachment to Permit No. 404038 - Additional Terms and Conditions right-of-way. Failure to comply with this requirement may result in revocation of this permit. 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. Application of 4 inches of topsoil, soil preparation, fertilizer, seeding and mulching is required within the right-of-way limits on all disturbed areas not surfaced. The following types and rates shall be used: CLAY COMMON NAME Blue gram v. n.m. native - 1.5 PLS/ACRE Western wheatgrass v. arriba - 8 PLS/ACRE Little bluestem - 1.5 PLS/ACRE Buffalo grass - 5 PLS/ACRE Sideoats grama - 3.0 PLS/ACRE Green needlegrass - 3.0 PLS/ACRE Sand dropseed - 0.1 PLS/ACRE Oats - 3.0 PLS/ACRE TOTAL = 25.1 PLS/ACRE Seeding application: Drill seed .25"-.50" into the topsoil. In areas that are not accessible to a drill, hand broadcast at triple the above rate and rake 0.24" to 0.50" into the topsoil. Mulching requirement and application: 1.5 tons of certified weed free hay per acre to be mechanically crimped into the topsoil in combination with an organic mulch tackifier per Standard specification 213 mulching. Special requirement: Due to dry conditions hydroseeding and/or hydromulching will not be allowed. SAND COMMON NAME Western wheatgrass - 4.0 PLS/ACRE Sideoats grama - 2.0 PLS/ACRE Blue grama - 1.0 PLS/ACRE Little bluestem - 2.0 PLS/ACRE Prairie sandreed - 3.0 PLS/ACRE Green needlegrass - 3.0 PLS/ACRE Sand dropseed - 0.1 IPLS/ACRE Oats - 3.0 PLS/ACRE Sand bluestem - 4.0 PLS/ACRE State Highway Access Permit Page 5 Attachment to Permit No. 404038 - Additional Terms and Conditions TOTAL = 22.1 PLS/ACRE Seeding application: Drill seed 0.25" to 0.50" into the topsoil. In areas that are not accessible to a drill, and broacast at triple the above rate and rake 0.25" to 0.50" into the topsoil. Mulching application: 1.5 tons of certified weed free hay per acre to be mechanically crimped into the topsoil in combination with an organic mulch tackifier per Standard specification 213 mulching. Special requirement: Due to dry conditions hydroseeding and/or hydromulching will not be allowed. 29. Speed change lane(s) shall be provided in accordance with Exhibit "A" and Section 4 of the State Highway Access Code, 2 CCR 601.1. 30. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 31. 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. 32. All required access improvements shall be installed prior to the herein authorized use of this access. 33. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 34. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 35. 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. 36. 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. 37. 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. 38. 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. 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. 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. COLORADO DEPARTMENT OF TRANSPORTATION Iss ngauthontyapplicailo STATE HIGHWAY ACCESS PERMIT APPLICATION plan edate: r Instructions: - contact the Department of Transportation or your local government to determine your issuing Wthrity. - contact tree 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. Plea a print or type 1) Property owner(Permittee) 2)Applicant - 1 Western VII Investment LL street address, city S_t_anford_Pla7a, Suite 107,3555 Stanford street address, city Rd. 2620 E. Prospect Rd., Suite 19 state &zit Ft. &llins, CO 80525 e pM-22 -39 ate & zi 80 Vt. Collins, CO 525p9_10-491-9888 3) Address ofpropety to be served by permit (If known) General - Northeast corner o SH 68 Timberline Rd., Ft. Collins, CO - — h 4) Legal description of property 1 mnty unnivmlon �ownsbyr r pe Larimer Iarmony Sc ool Shops 4thl fling Mn 32 58 W 5) What state highway are you requesting access from? 6) What side of the highway N IJ S ❑ E ❑ W H 68_ S_ 7) How feet is the pr\i\ sed access from the nearest mile post? many How feet is the proposed access from lfie pear s} t cross street? IN 5ma�ny S1� _ at( N SCE W ) from l TP 2.._ �L et (circle: N S(E W ))) iro'mN:__T_i jnb_e r Li Rd . 8) Check here if you are requesting a CI new access ❑ temporary access imp�ement to existing access 6 change in access use ❑ removal of access 9) What is the approximate date you intend to begin construction? Fall of 2003 10) Do u in ve knowledge of any State Highway access permits serving this propeerty, oradjacentproperties �in�which you have a property irA date. no es-f yes -what are the permit numbers)?: --- - - ., and/or, permit oes the property owner own or have any interests in any ad acent property? J no � yes, if yes -please describe: adSchool Shops first filing� w s develope with a joint access agreement�jCp�p c 12)Are there other existing or dedicated public streets,roads, highways or access easements bordering or within the property? U mU J no Xi yes, if yes - list them on your plans and indicate the proposed and existing access poi s. 13) If you are requesting commercial or industrial access please indicate the types and number of b - as and provide the floor areb or otage of each. business square footage f01 ticsi e square footage 52 443 Commercial 29,500 _____on_s usnLs_ 5.601 14) If you are requesting agricultural field access -how many acres will the access e? N/A trc m i 15) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) an m units? �t type number of units t mtier of units N/A ln� -s qQ,01L fsacc� 16) Provide the following vehicle c unt estimates for vehicl haf will use the acce eavi he roperty then returning is two counts. Indicate if your co is are XtX peak hour volume or ❑ average daily volumes. 4, MA L. r S 1U` 01� N of passrn9nr cars;, light Imcks p of multi unit imcks . a oNer vehicles % us) J t 15S 345 r (� o *durin peak hours 0 a o single unit vnnir Ics In nw-css of 00 Ir a of larm vehicles (field equlpmentl Totalco t of all vC}1Ides 0-' during —peak ha rs 0 155/34D AM/PM 17) Check with the issuing authority to determine which of the following documents are required to complete the review of your 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. f) Proposed access design b) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. c) Map and letters detailing utility locations before and after in Signing and striping plans. development in and along the right-of-way. i) Traffic control plan. d) Subdivision, zoning, or 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 ��t�d �laJ her applicable state or federal laws, that all information provided on this form and submitted t4thme 'ts are to tRe best of their knowledge true and complete. / I jr7 Applicants signature / 1 y p Date If the applicant the owner of the property, we require this ap '�ation S o be signed by the property owner or their legally authorized representative (or other acceptable written evide �Thi signatures all constitute agreement with this application by all owners -of -interest unless stated in writing. If a perm) 9Ci@6' property owner will be listed as the permittee. Pmportyowne r signature WE' i�N JAIL Date vl vt�3r Z 03 a Previous ed ns may be used until supplies are exhausted CDOTFormk137 9/96 LI� �1.