HomeMy WebLinkAboutRAISING CANES - Filed GC-GENERAL CORRESPONDENCE - 2005-03-02February 3, 2004
Ted Shepard
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80521-0580
RE: Raising Cane's
Dear Ted:
The Raising Cane's PDP is proposed to be located on College Avenue between Spring
Creek Trail and Rutgers Drive, directly south of Enterprise Rental Car. The 1.53-acre
site is zoned C- Commercial. The Mister Money Pawn Shop had existed on the site
previously, but was destroyed during last spring's record snowstorm.
The applicant is proposing to develop a 3,533 square foot, fast food restaurant with drive-
thru service. Todd Graves has created the first Raising Cane's Chicken Fingers
restaurants in Louisiana. His concept originated when he noticed the popularity of
chicken fingers at a wide range of restaurants and saw a niche for `someone who could do
chicken fingers and sauce better than anyone else, served with speed and convenience.'
Raising Cane's prides itself on freshness. The chicken is marinated for 24 hours, then
battered and seasoned by hand. The restaurant's namesake and mascot is Grave's yellow
Labrador retriever, Raising Cane.
Primary access to the site is from College Avenue with a right -in only located south of
the building and a right -out only located north of the building. A secondary point of
access will connect the project site to Dartmouth Drive at the northeast corner of the
property. Pedestrian and bike access will be available from both College Avenue and
Dartmouth Drive. A total of 52 parking spaces are provided south and east of the
building. The drive-thru lane provides stacking space for 9 cars. An outdoor dining area
is located on the southwest side of the building inviting customers to enjoy their meal
outdoors.
The Raising Cane's architecture will be adapted and modified to meet City Code
requirements. The exterior finishes will include stucco and brick in earth tones, with
metal awnings. The overall style lends a unique identity for the restaurant with an
atmosphere of fun.
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE B - Continued
EXCEPTIONS
7. Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U.S. Patent recorded February 24, 1882 in
Book 32 at Page 389.
8. Right of way for road as disclosed in Warranty Deed recorded
November 15, 1902 in Book 173 at Page 37.
9. Right of way, whether in fee or easement only, for storm drain, as
granted to Elmer C. Stevens and Esther S. Stevens by Lanoga Corp.,
recorded March 11, 1982 in Book 2158 at Page 504, affecting the
following described property:
As more particularly described in said instrument.
10. Right of way for Arthur Ditch over the Northerly portion of
subject property.
11. Right of way for South College Avenue over the Westerly portion of
subject property.
12. Any and all Leases and Tenancies.
Page 5
ISSUED By
TRANSNATION TrrtE INSUP.A.NCE COMPANY COMMtTt iEN'r FOR TITLE INSURANCE
Transnation
TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in
Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the
Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies
committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault
of the company.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to
be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when coun-
tersi.,ned by an Authorized Officer or Agent of the Company_
TRANSNATION TITLE INSURANCE COMPANY
.OF -
Attest: ��tE INS q 4A
�QQ ,O�G /�. '2 \N�OIP0441D III
V �n �� By:
� � Sfli Id, 1991 2�
Secretary �� President
�O
4RIZONp i
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of theCompanyunderthisCommitmentshallbeonlytothenamedproposedInsuredandsuchpartiesincluded
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.
In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the
form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and
are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
PA 3
American Land Title Association Commitment - 1966
Cover Page
Form 1004-248 ORIGINAL
RAIl Lr'n. NI\'A)'I'
Ron r_%k BRANDI8.JR.
VK H %RD S. GA.} r
Jm m) J. Jrol%sm
1) AA 11-1 ('. NIN I LI
13MAN R. IlioVh
JOSIIC % B. Zuclsl l
Hand Delivered
City of Fort Collins
Attn: Joe Frank, Head Director
Advanced Planning
281 NorthCollege
Fort Collins, CO 80521
MYATT BRANDES & GAST
PROrr SSION.%L CORPOR�MO,A'
ATTORSFI I AAD COLNSELORS AT LAIN
C I OCKTOR'ERSQGARF
323SO( TI CODUA A%1.y'U E,St'llFI
PORT COLLINS, COLORADo S0524-2845
August 3, 2004
Ref: Raising Cane's— Attorney Plat Certification
Our File No. 2706-001
Dear Joe:
TEI_EPIIOV (970)482-4846
PACSIM11111 (970)482-3018
FAT %11 .�JMIISOII a veTIIM com
Our office represents Joshua DCmorltelle in connection with the Raising Cane's
development located at 2104 South College Avenue, Fort Collins, Colorado. I understand that
Greg Burn is out of the office this weer: and you are the acting Director as defined in Fort Collins
Land Use Code Section 2.2.3(C) (thc "Code"). I am writing at the suggestion ofPaul Eckman
and Marc Virata.
This letter requests a %vaiver or modification of the requirement in Section 2.2.3(C)(3)(e)
of the Code, or a determination of the amount of title insurance required pursuant to Section
2.2.3(C)(3)(i) in lieu of an attorney's plat certification.
Our office is prepared to issue an Attorney's Certificate for the Raising Cane's Plat. In this
regard, we have reviewed the development plat, the title insurance commitment effective July 13,
2004, issued by TransnationTitle Insurance Company, and an ALTA Survey Of the property dated
October 27, 2003. Copies of these documents are enclosed for your review.
Our question is focused on Title Exception No. 8 from Schedule B, which reads as
follows:
S. Rtght of wa-v jor road as disclosed in Warranty Deed recorded November
15, 1902 in Book 173 (it Page 37.
A copy of the recorded Warranty Deed is also enclosed for your review. I hand wrote the
possible location ofthe easement on the enclosed Plat.
I ACP: Jh Dona.. "I": T,n( Po:,('.dl.:,x lu A..l 0"I",
City of Fort Collins
Attn: Joe Frank, Head Director
Advanced Planning
August 3, 2004
Page 2
The Warranty Deed purports to reserve a road easement twenty feet (20') in width.t The
location of this road reservation is uncertain. The title company believes the easement impacts
the property and, thus, has listed it in Schedule B as an exception to the title insurance. Our
review of the enclosed casement concludes that the easement may be located on the property
running parallel to the southern property boundary. However, the surveyor who prepared the
ALTA Survey did not include the easement on the ALTA survey or the plat as impacting the
property, and recently affirmed his conclusion that the Deed is ambiguous and, therefore,
incapable of platting.
If our office's interpretation of the easement location is correct, the easement encroaches
11.2 feet into the property along the entire southern boundary. The southern boundary of the
property is physically supported by an eight foot (S') vertical retaining wall. Thus if the easement
is on this property, the retaining wall splits the easement with 11.2 feet located on this property,
and the remaining 8.2 feet located on an adjoining parcel of land with an elevation eight feet (S')
higher. In addition, any easement would originate within the South College Avenue right of way
and continue west into what f believe is an existing apartment building and a developed
neighborhood. It -this casement exists, it apparently has not been used for years.
Pursuant to the Code, the Director may waive or modifythe requirements ofsubsection (e)
upon a clear and convincing showing by the applicant that such Nvaiver or modification will not
result in any detriment to the public good, and will not result in any harm to the health, safety or
general wel fare of the City and its citizens. The applicant respectfully submits that a waiver or a
modification ofsubsection (e) is appropriate regarding this purported casement.
First, if such road exists, it apparently has not been used for decades. Any future use is
highly impractical since it originates in the South College Avenue right-of-way, straddles an
tight foot (S') vertical retaining wall, continues through existing building structures into an
established ncighhorhood. Second, it is even possible to argue that the easement does not exist
Iliven that the surveyor's interpretation in preparing the ALTA Survey. It is also possible to argue
abandonment. Finally, if the easement does exist, its location does not negatively impact the
property. The casement would cross the additional South College Avenue right-of-way
dedication, the fiftcai foot (I5') utility easement and the drainage easement as depicted on the
Plat. The casement in no way impacts the twenty foot (20') emergency access easement located
' While Paul Hekman has not revimed this Deed. Paul and I discussed by phone whether the road reservation was an
casement or fee ownership. 1 believe it is clearly an easement and subject to a request for a waiver or modification
under section (c).
City of Fort Collins
Attn: Joe Frank, Head Director
Advanced Planning
August 3, 2004
Page 3
on the northern portion of the platted property. The applicant submits that this easement has no
practical on the property and will not injure the public.
The applicant requests that the City waive the attorney certification concerning Section
2.2.3(C)(3)(c), or modify such certification to exclude item number S from Schedule B of the
Title Commitment. If such modification or waiver is denied, the applicant requests that the City
determine the amount of title insurance required pursuant to subsection (i) in lieu of an attorney
certification.
The applicant desires to complete the review process and obtain a building permit as soon
as possible. I would appreciate your review and consideration of this matter at your earliest
convenience. I am available for your questions and comments.
Very truly yours,
MYATT BRANDES & GAST PC
JJJ/bdz
Enclosures
cc: Paul Eckman (via hand delivery with enclosures)
Marc Virata (via hand delivery with enclosures)
Brad Sanders, Raising Cane's (via e-mail)
Chris Parton, Northern Engineering (via U.S. Mail without enclosures)
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+9703502198 T-030 P.002 F-558
REQUIRED PROVIDED
COVER SHEET REQUIREMENTS
1. Vicinity Map
2. Index of Sheets
3. Signature block and disclaimer;
REVIEWED BY DATE
CDOT Region Access Manager
Review does not constitute "approval' of plans. Permittee is responsible for accuracy and
completeness of plans.
4. General notes may also appear
SHEET 2 OF PLANS
1. Standard Plans List (M&S Standards -October 2000). Include any revised Standards
in the access design plans, and mark the Plans List to indicate the revision date.
PLAN REQUIREMENTS/GENERAL NOTES
1. Include notes:
"All materials, equipment, installation, construction, and design, including the auxiliary
lane(s) and intersection improvement(s) within the State Highway ROW (existing and
any portions dedicated with this access permit) 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
b. Construction Manual
E. Standard Specifications for Road and Bridge Construction, latest edition
F. Applicable pre -date Special Provisions
G. Standard Plan (M&S Standards)
H. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and
Highways and the Colorado Supplement thereto
I. A policy on Geometric Design of Highways and Streets, American
Association of State Highway and Transportation Officials (AASHTO),
latest edition
J. AASHTO Roadside Design Guide
K. Institute of Transportation Engineer's Trip Generation Manual, 6 h
edition"
Post -it'' Fax Note 7671 (Date
Co.
of✓'i'/7fC���.
a.- Phone 4
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REQUIRED PROVIDED
Please note that some of the reference materials listed above (A thru E) 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
or provided upon request by Tess Jones-(970) 350-2163 or Gloria Hice-Idler-(970) 350-
2148. The website address is:
www.dot.state.co.us/business/accessmgtt
2. "Access construction within highway ROW and all highway improvements shall
comply with complete Access Permit and Notice to Proceed (NTP). A copy of that
Permit and NTP shall be available on the construction site at all times. The expense of all
features and roadway improvements shall be borne by the Permittee at no cost to CDOT.
All changes as shown on the plans shall be completed by the Permittee, including final
signing and striping."
3. "A Colorado registered professional engineer employed by the Permittee shall certify
R-
materials testing. One signed copy of all materials test results and certification of the
value of subgrade and embankment within the highway ROW shall be provided to the
Access Manager within two weeks of construction activity. 'Upon completion of the
access improvements, certification of materials and construction shall be provided to the
Access Manager." (See Sheet 14a for form. The Certification of Materials and
Construction form shall be provided to the Access Inspector prior to final
acceptance.)
/ V
4. "The Permittee shall coordinate with the Region Access Inspector, Linda
X
McWilliams, to obtain approval of an acceptable asphalt/concrete mix design."
5. "Proof rolling is recommended as an indicator of proper preparation of subgrade
prior to paving. Proof -rolling shall not substitute for standard material testing."
6. "THE PROJECT SHALL BE COMPLETED DURING A SINGLE
CONSTRUCTION SEASON AND ALL ACTIVITIES WITHIN THE CDOT ROW
ARE TO BE COMPLETED WITHIN A 45 DAY TIMEFRAIVM."
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REQUIRED PROVIDED
7. "Construction shall not begin in the state highway right-of-way without acceptable
Construction Traffic Control Plan (CTCP) and Methods for Handling Traffic (MI117's)
including all phases of construction. When construction will impact highway travel, the
Permittee or their designee, shall submit CTCP and MHT's no less than two weeks prior
to beginning said work to the Access Inspector, Linda McWilliams at (970) 350-2147,
for review and acceptance. A copy of the accepted plan shall be available on site for
review by CDOT personnel, and all traffic control activities shall conform to that plan.
An emergency contact phone number for the TCS (traffic control supervisor) will be
included with the plans"
8. "Permittee shall designate a certified Traffic Control Supervisor (TCS) to manage
construction signage and safety of operations during activities within CDOT ROW. TCS
shall be available whenever work is in progress."
9. "For concrete segments, the Permittee shall obtain approval of a site specific joint
layout and joint detail from the Region Materials Engineer, Gary DeWitt, (970) 350-
2135, prior to construction."
10. "Permittee or contractor shall procure and maintain general public and auto liability,
and property damage insurance covering the operation under this permit in the amounts
specified in Section 23-10-114, C.R.S. Policies shall name the State of Colorado as
additional insured party and shall include the name of the development/subdivision. Like
coverage shall be furnished by or on behalf of any subcontractors. Certificates of
insurance showing compliance with these provisions shall be provided and will be
attached to and made a part of this permit." (A copy of the insurance policy shall be
provided to the CDOT Access Manager for attachment to the Access Permit/Notice
to Proceed prior to beginning any work within the highway ROW.)
11. "Development of this site and access construction shall not negatively impact other
properties or the State Highway ROW. The historical drainage run-off rate shall not be
exceeded by changes. All drainage issues shall be resolved prior to issuance of permit."
12. "No feature (i.e. landscaping or signs) shall impair required sight distance at any
highway access."
13. "The highway ROW shall be visually inspected by CDOT for presence of
archaeological, paleontological resources, threatened or endangered species, wetlands,
and migratory bird nesting. If more detailed studies are needed to determine presence of
these resources the cost will be home by the Permittee. CDOT must approve of the
qualifications of the persons assigned to conduct the inspection. If the resource cannot he
avoided then all costs associated with the mitigation and recovery will be home by the
Permittee."
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REQUIRED PROVIDED
X_
14. "Utility plans are not reviewed or authorized by the Access Staff and must be
submitted to the Region Utility Office. The Permittee shall locate all utilities within the
existing ROW and any area which may be effected by access or roadway improvements.
Plans shall conform to Section 2.3(11)(0 of the State Highway Access Code. The
Permittee shall contact the Region Utility Office, (970) 350-2158 "
15. "It is the responsibility of the Permittee to determine which environmental clearances
and/or regulations apply to the project, and to obtain any clearances that are required
directly from the appropriate agency prior to commencing workto commencing work. Please refer to or
request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS)
for details. The ECIS may be obtained from CDOT Permitting Offices or may be
accessed via the CDOT Planning/Construction-Environmental Guidance webpage at
http://www.dot_state.co.us/Qnviro=ental/Forms/ash. FAILURE TO COMPLY WITH
REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR
REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY
OTHER AGENCIES.
ALL discharges are subject to the provisions of the Colorado Water Quality Act and the
Colorado Discharge Permit Regulations. Prohibited discharges include substances such
as : wash water, paint, automotive fluids, solvents, oils or soaps.
Unless otherwise identified by CDOT or the Colorado Department of Public Health and
Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources
of pollutants to the waters of the State, the following discharges to storm water systems
are allowed without a Colorado Discharge Permit System Permit: landscape irrigation,
diverted stream flows, uncontaminated ground water infiltration to separate storm sewers,
discharges from potable water sources, foundation drains, air condition condensation,
irrigation water, springs, footing.drains, water line flushing, flows from riparian habitats
and wetlands, and flow from fire fighting activities.
ANY OTHER DISCHARGES, including stormwater discharges from industrial facility
or construction sites, may require Colorado Discharge Permit System permist from
CDPHE before work begins. For additional information and forms, go to the CDPHE
website at: ht�://www.cdphe.state-co.us/wq/PennitsUnit/wgcdpmt.html//www.cdphe.state-co.us/wg/PermitsUnit/wgcdpmt.html."
16. " As -Built structure plans shall be provided to the Access Manager upon completion
of access."
17. "Shouldering shall be performed along the roadway throughout the extent of any
paving work that alters the elevation of the pavement in relation to the adjacent side
slope." (See Exhibit 14b.)
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REQUMM PROVIDED
18. "Landscaping within or near the State Highway ROW may require the Permittec 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 permit document. Irrigation of features within or near the ROW may require
the Permittee to install a subsurface drain in accordance m CDOT St dard M-605-1
or other a rove s ste The Permittee shall contact�o.\p_
at the C, Maintenance Office, _ �b 1 AL to
review the plan and to obtain the Landscaping Permit."
19. "Using Exhibit 14c, select most reasonable seed mixture for site conditions and
place on notes."
20. "All certifications, materials test reports, and any required "As Built" plans shall be
provided to the Access Inspector prior to final acceptance. Those documents will be
incorporated in the permit file."
TYPICAL SECTION
The following features shall be clearly indicated on the typical section:
1. Sub -excavation maybe required to ensure top T of subgrade within the roadway
template meets the minimum R-value of 40. All embankment within the proposed ROW
shall have a minimum R value of 25 and 40 as shown on diagram. (See Sheet 14d and
special note. Adjust as necessary.)
2. Existing pavement and base course thickness of state highway thru lanes and
shoulders.
3. Necessary removal of pavement/base course to insure roadway stability per discussion
with the Access Manager.
4. Aggregate classification (i.e. ABC Class ) and thickness
S. Asphalt (no full depth asphalt allowed) Note: Superpave mix required.
Grading for each lift
Thickness total in inches
Thickness per lift in inches
Other requirements (rubberized, etc.)
6. Concrete
Class
Thickness in inches
7. Milling of asphalt adjacent to the gutter lip to accommodate roadway overlay, for
feet from gutter lip.
The design objectives of the landscape plan include street tree plantings, foundation
plantings, general building enhancement, shade for parking and visual screening of
parking and services areas. In addition, plant material is selected to provide seasonal
interest, and xeriscape principles are used throughout the design to conserve water. Plant
material with adequate height and density will be used along the east side of the lot to
screen headlights from the adjacent residential apartments. The design will also enhance
the outdoor dining area with planting, including ornamental trees.
We believe the project will be a welcome addition to Fort Collins and will dramatically
improve the College Avenue streetscape in this area. We look forward to the
development review process. Please call if you have any questions.
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kEOUMM PROVIDED
8. Side slopes shall conform to Section 4.9(8).
9. 4" topsoil required
Include notes.
1. "highway widening shall be constructed to ensure subgrade with minimum 40 R-
value for top 2' (sub -excavation is required as necessary). All remaining fill within ROW
shall have a minimum R-value of 25. Certificate of R-value shall be provided to the
Access Inspector prior to final acceptance." (See Sheet 14d and special note. Adjust as
necessary.)
2. When NO overlay is required:
"At locations where new asphalt is to abut existing asphalt, saw cut the existing pavement
a minimum of 1 foot back from the existing edge, or at such location that an acceptable
existing cross slope is achieved, and at a location that will fall on a lane line or at the
center of a lane. Mill to establish sheer step as shown on Sheet 14d. Tack prior to
paving."
3. When overlay IS required:
"At locations where new asphalt is to abut existing asphalt, saw cut the existing pavement
1 foot back from the existing edge and remove pavement. Tack exposed vertical asphalt
edge prior to paving. Prior to overlay, the existing pavement at the overlay tie-ins shall
be milled to a depth of 2" and tapered to 0" over a distance of 50' from the tie-in to
provide a smooth transition from the overlay to the existing pavement."
4. "Break point on slopes and in bottoms of ditches shall be rounded during construction
for a pleasing appearance."
ACCESS AND HIGHWAY PLANfP ROFiLE
Plans shall detail the following:
1. A Warranty Deed for additional state highway right-of-way shall be provided and
recorded. Even though right-of-way may have been platted, ibis document is still
required. (See Sheet 14e.)
2. Plans shall include ADA conforming curb ramps (truncated domes). They shall be
required on all access projects where pedestrian facilities exist or are being developed.
Follow CDOT Standard Plan M-608-1, dated October 29, 2003.
3. Use standard line types and conventions per STANDARD SYMBOLS, Standard M-
100-1.
4. Show proposed access and property limits.
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REQUnlED PROMED
5. Are access turning movements limited? Is physical prohibition of access chan
turning movements required? If nelization island required,
refer to Section 4.6(9) and contact the Access Manager to discuss specific requirements.
6. Show all accesses within project limits. Include all adjacent accesses and those
located across the highway which fall within or near the work area
7. Address any wetland impacts with the Access Manager in early planning stages.
Mitigation measures or design waivers may result. Mitigation costs shall be bome by the
Pennittee.
8. Show existing mailboxes and require reset in accordance with M-210-1.
9. Identify clear zone obstructions which might hinder standard roadway design.
Propose appropriate mitigation or desired design waiver. Refer to the State Highway
Access Code, Section 4.9.(14) and AASHTO Roadside Design guide.
10. Do rumble strips exist?
Define mitigation measures and limits.
(See sheet 14f for options.)
11. Access profile adequate to define grade beyond CDOT ROW for a minimum 100'.
Refer to the State Highway Access Code, Section 4.9(2).
X 12. Access width excluding curb and gutter.
T ` 13. Angle of access as it leaves the highway.
14. Plot design vehicle turning template. Show in a plan detail to insure proper radii and
lane widths. If access includes channelization islands, plot shall be provided to the
Access Manager. Design vehicle is
15. Radii.
16. Assign stationing for entire length of project. Label length and use of auxiliary lane
features, and length and ratio of redirects.
17. If dual left lanes are required, provide 18' throat width for receiving lanes through the
turning radius. If constrained provide 15 feet as a minimum. If dual or triple left lanes
are planned, note minimum clearance as shown on current edition of S-627-1.
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REQUIRED PROVIDED
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14, The Permittee shall provide by certified mail, a narrative, with plan and profile to
access owners affected by auxiliary lanes, striping, or other access changes. The
narrative shall include a signature line acknowledging agreement with the proposed plan.
A package of those letters shall be provided with the application to be included in the
permit file.
/ Include notes:
1. "Placement and installation of all new, reset, and relocated signs shall be in
accordance with S-614.1 and S-614-2."
2. "Install new delineators as per Standard S-612-1."
3. "All sign posts shall be galvanized tubular steel."
4. "The Contractor shall contact Rich Cutler, Signing and Striping Foreman at (970)
353-9991, at least two weeks prior to scheduled striping. If the Permittee's contractor
fails to review the signing and striping with CDOT, the Permittee wi11 be responsible for
any corrections required upon final inspection of the access."
S. "Prior to striping, the Contractor shall prepare the pavement surface for proper
adhesion."
6. "Application of striping to concrete requires sandblasting of curing compound."
7. "All lane stripes shall be applied with epoxy pavement marking (minimum of 15
mils.)"
asphalt surface concrete surface
8. "All stop ban and pedestrian cross walks within the ROW shall be preformed
thermoplastic pavement marking when applied to existing asphalt or preformed plastic
inlaid when applied to new asphalt. (Stop ban shall be 24" wide, 90 mils.)"
9. "ALL WORDS, ARROWS, AND SYMBOL markings within the right-of-way shall
be preformed thermoplastic pavement marking or preformed plastic inlaid in hot asphalt.
All letters, arrows, and symbols shall be in conformance with the "Standard Alphabet for
Highway Signs and Pavement Markings" adopted by the Federal Highway
Administration (arrows=15.5 sq. ft., ONLY=22.5 sq, ft., 90 mils)."
10. "Pedestrian facilities at public intersections shall included continental crosswalks
(12"x 10') and 24" stop bars."
11. "Removal of existing pavement markings shall be accomplished by a method that
does not materially damage the surface or texture of the pavement. The pavement
markings shall be removed to the extent that they will not be visible under day or night
conditions."
11
City Plan Principles and Policies achieved by the proposed plan include:
PRINCIPLE LU-1: Growth within the city will promote a compact development
pattern within a well-defined boundary.
Policy LU-1.1 Compact Urban Form
The project will be developed within a commercial zone (C), serving to infill an area
currently surrounded by existing development.
PRINCIPLE LU-2: The city will maintain and enhance its character and sense of
place as defined by its neighborhoods, districts, corridors, and edges.
Policy LU-2.1 City -Wide Structure
Policy LU-2.2 Urban Design
With the corridor of College Avenue growing in activity, this infill project will enhance
the urban character of this area, adding a convenient fast food restaurant specializing in
white meat to the surrounding commercial identity, and therefore fitting into the City
Structure Plan.
PRINCIPLE T-1: The physical organization of the city will be supported by a
framework of transportation alternatives that maximizes access and mobility
throughout the city, while reducing dependence upon the private automobile.
Policy T-1.1 Land Use Patterns
Policy T-1.3 Street Design Criteria
Raising Cane's will have very close proximity to stops along a major transfort route, a
major traffic spine, as well as local street access for cyclists, pedestrians, and nearby
neighborhood residents.
PRINCIPLE T-5: The City will acknowledge pedestrian travel as a viable
transportation mode and elevate it in importance to be in balance with all other
modes. Direct pedestrian connections will be provided and encouraged from place
of residence to transit, schools, activity centers, work and public facilities.
Policy T-5.2 Connections
Raising Cane's will have sidewalks and drives clearly laid out in regard to entrances and
streets connecting for all of pedestrians, cyclists and vehicles.
PRINCIPLE T-7: The City will encourage the development of comfortable and
attractive pedestrian facilities and settings to create an interesting pedestrian
network.
Policy T-7.1 Pedestrian facilities
The Raising Cane's project will enhance the urban pedestrian atmosphere along College
and also Dartmouth with walks and streetscape landscaping.
PRINCIPLE CAD-4: Security and crime prevention will continue to be important
factors in urban design.
Policy CAD-4.2 Lighting and Landscaping
Lighting and landscaping will be designed to promote security and comfortable area -wide
visibility.
PRINCIPLE ENV-1: Continually improve Fort Collins' air quality as the city
grows.
Policy ENV-1.21 Land -Use
The project proposes a restaurant convenient for the use of both those who live and who
work in the nearby area.
Principle ENV-3: Drinking water provided by the City's Water Utility will meet or
exceed customer expectations for quality, quantity, and reliability. Water
conservation will be strongly encouraged.
Policy ENV-3.3 Water Demand Management Policy
The landscape plan for the project will utilize the following xeriscape principles:
Plant material with low to moderate water requirements
Limited turf areas
Effective use of soil amendments
An efficient irrigation system
Appropriate maintenance
PRINCIPLE GM-8: The City will promote compatible infill development in
targeted areas within the Community Growth Management Area boundary.
Policy GM-8.2 Incentives
Policy GM-8.3 Development Review System
Since this is an infill project the client and consultants hope that the City would give this
treatment to this project.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 449668 C-5
July 30, 2004
Myatt Brandes & Gast, P.C.
Attn: Jeff Johnson/Barbara
323 South College Ave.
Suite 1
Fort Collins CO 80524
RE: Joshua W. Demoruelle and/or assigns./Timberline Tech Center, LTD
2104 S. Collage
This revised commitment reflects changes to the following items:
Effective Date
Exceptions:
We are pleased to have the opportunity to be of service.
NOTE:
EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND
RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH
AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE
CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT
DOES NOT CONFORM.
If you have any questions or changes, please contact Cheryl at
970-225-8507 Fax: 970.226.6527
3000 S. College Avenue Suite 110, Fort Collins, CO 80525
cc:Everitt Companies
3030 S. College Ave.
Fort Collins, CO 80525
Attn:Lamere
Transnation Title Insurance
3000 South College
Suite 110
Fort Collins CO 80525
Attn: Cheryl
Joshua Demoruelle
1212 S. Acadian Thruway
Baton Rouge MA. 70806
Attn:Joshua
TRANSNATION TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No.: 449668 C-5
1. Effective Date: July 13, 2004 at 7:00 A. M.
2. Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy $ 625,000.00 $774.00
Proposed Insured:
Joshua W. Demotuelle
B. ALTA Loan Policy $ $
Proposed Insured:
Tax Info Services $ 15.00
3. The estate or interest in the land described or referred to in this
commitment and covered herein is fee simple and title thereto at the
effective date hereof vested in:
Timberline Tech Center, Ltd., a Colorado Limited Partnership
4. The land referred to in this commitment is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
TRANSNATION TITLE INSURANCE COMPANY
By MARY YOUNG
Aut orize Signature
Issued: July 30, 2004
MMY/mmy
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE A - Continued
LEGAL DESCRIPTION
That portion of the Southwest 1/4 of the Northwest 1/4 of Section 24,
Township 7 North, Range 69 West of the 6th P.M., described as follows:
Commencing at a point South 189 degrees 58 minutes East 30 feet and again
North 0 degrees 7 minutes East 8.80 feet from the West 1/4 corner of
Section 24, Township 7 North, Range 69 West, 6th P.M.;
thence North 0 degrees 43 minutes West 196 feet;
thence South 89 degrees 58 minutes East 252.5 feet;
thence North 0 degrees 7 minutes East 140.4 feet to the Northerly line of
Right of Way of the Arthur Ditch Company;
thence South 60 degrees 09 minutes East 65.64 feet along said right of
way line;
thence South 0 degrees 7 minutes West 303.96 feet;
thence North 89 degrees 45 minutes 30 seconds West 57 feet;
thence North 89 degrees 58 minutes West 250 feet to the Point of
Beginning, Except portion conveyed to the Department of Highways,
recorded May 29, 1959 in Book 1093 at Page 353, County of Larimer, State
of Colorado.
Page
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE A - Continued
REQUIREMENTS
The following are the requirements to be complied with prior to the
issuance of said policy or policies. Any other instrument recorded
subsequent to the date hereof may appear as an exception under Schedule B
of the policy to be issued., Unless otherwise noted, all documents must
be recorded in the office of the clerk and recorder of the county in
which said property is located.
NOTE:
PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT
ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS
COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR
OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE
COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED
HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
NOTE:
IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES
PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE
DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT
WITHHOLDING).
NOTE:
EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND
RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND
A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK
AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT
CONFORM.
A. Deed from Timberline Tech Center, LTD, a Colorado Limited
Partnership to Joshua W. Demoruelle.
NOTE: Certificate of Limited Partnership, relating to
Timberline Tech Center, LTD, a Colorado Limited
Partnership, filed with the Secretary of State,
discloses the following General Partners:
Everitt Enterprises Limited Partnership No. 1 and Howard
E. Smith
Page
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE B
EXCEPTIONS
The policy or policies to .be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of,parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public
records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
Note: The above exception will not appear on policies where
closing and settlement has been performed by the company.
6. a. Taxes due and payable; and any tax, special assessments, charge
or lien imposed for water or sewer service, or for any other
special taxing district.
b. Any and all unredeemed tax sales, if any.
Note:Upon receiVt of a Certificate of Taxes Due evidencing that
there are no existing open tax sales, the above exception 6b will
not appear on the policy to be issued hereunder.
Note:
PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT:
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING
DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION
MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY
TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF
SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY
ASSESSOR.
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