HomeMy WebLinkAboutHARMONY CENTRE - Filed OA-OTHER AGREEMENTS - 2002-12-13x
RCPf : i 870211S1 04/15/87 15:08:11 f or ►ASS - 6
M RODE 1BER 3Elt, RECORDER- [.AR 1MCR COO #TT 8TAl� DOC rEE
CO p"
Easement Agreement
VI N. o a
S.00
This Easement Agreement (• r�esmen�t•), dated movember
? l , 1986, is between rt. Collins Assemblage, Ltd., a Colorado
M airrigating
itedpartnership ("Grantors) and Larimer County Canal go. 2
qa ng Company ((�� t and and the city of port
Collins, Colorado y Company may be
collectively referred to herein as "Ditch Easement Grantees") and
Troutman Partnership, a Color genera partnership
(•Troutman").
RECITALS
A. Grantor is the legal and equitable owner of that
certain real property deacribed in 6xh.bit It which is attached
hereto and incorporated herein by this reference (the "Grantor
Parcels). Troutman is the owner of that certain real prey;
a'yacent to the Grantor Parcel on the north, described in Exhibit
II, which is attached hereto and incorporated herein by this
reference (the •Troutman Parcel"). Ditch Company is a Mutual
Irrigation Company and 6Wi*_r__oT the Larimer County Canal No. 2
(the • tcb•)l City is a Municipal Corporation. T'44 Ditch shall,
upon this grant of easement, cross that portion ,f the Grantor
Pareel described in Exhibit III, attached hereto and incorporated
herein by this reference (the *Basement Area").
S. The Ditch currently crosses over a portion of the
Grantor Parcel. Grantor mad Troutman desire to increase the
capacity of said currently existing portion of the Ditch in order
to idle drainage waters to be added to the Ditch by the City.
G[ataoe desires to grant to Troutman the appropriate easements to
Militate the widening of a qunite lining upon the Current Ditch
AWN is order to increase its capacity as aforesaid. Grantor
MmisM to grant to Troutman a temporary easement to facilitate
2MtiM of the Ditch sad appropriate access road over and
t, aertMs Me Transition Basement Area.
co Grantor desires to grant to Ditch Easement Grantees
• , ten -exclusive easement over and across the
` deitMst area and Current Ditch Area for the purpose
f waintaiaing the Ditch for transportation, conveyance
at Mter and an access road providing access to said
r `lllbjest to the terms and conditions set forth in this
4roptses desire to grant to Troutman a perpetual,
• Mt over and across the portion of the Grantor
NuMbit IT, attached hereto and incorporated
"°# �► ("'flogo Basement Areas) for the
�:' atesanoe or a slope a -slow-) as
r
%d.
e 'i. for One lundred Thousand Dollars and
G M10able consideration, the receipt and
ALM ate hereby confessed and acknowledged, the
.. as lollew:
dem& Of Ooasttuotion Easement. Grantor hereby
^- xwqxw1lp a ton uslve easement ("construction
!fit M bNetit of Troutman and the Trou n arce
ata riot access over, on, across, under and
BasemsAt Area, the slope Basement Area and
"Wh At"t as well as those portions of the Grantor
ate fifty (SO) feet wide and adjacent to the Nest
+ the Basememt Area, for Construction and maintenance as
be reasonably necessary to prosecute Construction of and
04n-jdyl;of)
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement and
noticed the day and year first above written .
AtteSt°'
Cii'y: Clerk lJ
Approved as to Form:
Deputy City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
CITY OF FORT COLLINS, COLORADO
City Manager
OWNER
PC TIMBERLINE DEVELOPMENT, LLC
By:
Title Charles P. Woods, Manager
'Phis Memorandum and Agreement and Notice was subscribed and sworn to before me this
�{., day of (}�r;l Iby S_ (es 0. was
the Developer.
My commission expires:
Notary Public
LEGAL DESCRIPTION
HARMONY CENTRE - PAD6
A PORTION OF A TRACT OF LAND LOCATED IN THE SOUTHVEST QUARTER OF SECTION 36, TOWNSHIP T NORTH, RANGE
64 WE-5T OF THE 6TH P.M., GITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
C.OMMENCIN6 AT THE 5 1/4 CORNER OF SECTION 56, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 36 BEARS
589°53'00"W, 264612 FEET, THENCE 564" 53'00"W, 2116b5 FEET ALON6 THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION
36, THENCE NOO°I2'00"W, 30.00 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED
RECORDED AT RECEPTION NO. 116000056 OF THE RECORDS OF LARIMER COUNTY, GOLORADO AND THE TRUE POINT OF
BEGINNING;
THENCE S"'53'00"W, 2060.4q FEET ALONG THE SOUTH LINE AND THE SOUTH LINE EXTENDED MIESTERLY OF THAT TRACT
OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000066 TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND AS
DESCRIBED IN DEED RECORDED AT RECEPTION NO. gb000088 OF THE RECORDS OF LARIMER COUNTY, COLORADO;
THENCE NOO°0430"W, 24g21 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. gbOOOO5b TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED AT
RECEPTION NO. gb0000bT OF THE RECORDS OF LARIMER COUNTY, COLORADO;
THENCE Nt,5°45'14"W, 222.34 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. %O000&T TO THE SOUTHWEST CORNER THEREOF;
THENCE NOO°04'30"W, 14220 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. g600008T TO AN ANGLE POINT IN THE VESTERLY LINE THEREOF;
THENCE NOO°0030"E, 12.60 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. gb00005'I TO THE NORTHWEST CORNER THEREOF;
THENCE CONTINUING NOO°00'30T-., 34.12 FEET ALONG THE WE5T LINE EXTENDED NORTHERLY OF THAT TRACT OF LAND AS
DESCRIBED AT SAID %00008'1;
THENCE 5155°45'14"E, g41.41 FEET;
THENCE 555°55'26"E, 25.06 FEET;
THENCE 581°52'03"E, 104.Oq FEET;
THENCE 555°45'14"E, 72.00 FEET 70 THE NEST LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO,
g6000Obb, A POINT FROM WHICH THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. 1160000&T BEARS 50000030"E, 2T.12 FEET;
THENCE NOO°0430"W, 33416 FEET ALONG THE VESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. gb000088 TO THE NORTHWEST CORNER THEREOF;
THENCE NBq°52'42"E, 1014.3I FEET ALONE THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO.g6000066;
THENCE 551°4-1'06"E, 165.54 FEET ALONG A NORTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. gb000088 TO THE M05T EASTERLY CORNER THEREOF;
THENCE WW53'00"E, 3q.58 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. gb000086;
THENCE Sg0°00'00"E, 1262.15 FEET ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. %0000b6 TO A POINT FROM WHICH THE NORTHEAST CORNER THEREOF BEARS Sg0"00'00"E, n5.46 FEET;
THENCE Nbl°25-5-1"E, 31.51 FEET;
THENCE 5q0°00'00"E, bO.00 FEET;
THENCE N45°00'00"E, Ile532 FEET TO A POINT FROM WHICH THE NORTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED AT SAID RECEPTION NO. 116000066 BEARS 545°00'00"E, 200.00 FEET;
THENCE 545000'00"E, 200.00 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 116000066;
THENCE 500°I2'00"E, 754.20 FEET ALON6 THE FAST LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. 1160000bb TO THE SOUTHEAST CORNER THEREOF AND THE TRUE POINT OF BE&INNIN6.
AREA - 3.1.204 ACRES, OR 1,b20,606 SQUARE FEET, MORE OR LESS
1n1�• � r � ., ;�e.l'i
0 0
MEMORANDUM OF AGREEMENT AND NOTICE
This Memorandum of Agreement and Notice is made and entered into this 22nd day of
March, 1999 by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter
referred to as the "City", and F.C. Timberline Development, LLC, a Limited Liability Company,
4 ' hereinafter referred to as the "Owner".
� w
The Owner has executed certain documents pertaining to a development which has been
approved by the City, which development was named and is known as I larmony Centre PUD Pad
2. The said documents create certain rights and obligations of the development, the Developer
�n
and/or subsequent owners of all or portions of the development site, many of which obligations
constitute promises and covenants which run with the land. The said documents include, without
a4 '� limitation, those listed below and are on file in the office of the Clerk of the City of Fort Collins and
Should be closely examined by all persons interested in purchasing any portion of the development
site. The said documents include the following:
O r
O E
•• z 9 Development Agreement (and the documents referenced therein)
� dated: N/A
O
-a x
w
9 Site and Landscape Covenants dated: Mftrcfrl-��, f-4
,T x
,T 'e
9 Final Site Plan dated: March 15, 1999
�x
�w
x 9 Final Subdivision Plat dated: N/A
'J
i7p W
�» x 9 Final Landscape Plan dated: March 15, 1999
�x
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Architectural Elevations dated: March 15, 1999
T is]
uz
w
H o 9 Other: N/A
ax
x The development site is more particularly described as follows:
Harmony Centre — Pad 2
A PORTION OF A TRACT OF LAND LOCATED TN THE SOUTI (WEST QUARTER OF
SIiCTION �i6, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6"' P.M., CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
(see attached legal description — Exhibit A)
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement and
noticed the day and year first above written .
Attest
City Clerk
Approved to Form:
D(uty City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
CITY OF FORT COLLINS. COLORADO
By: 4a Q .
City Manager
OWNER
By:
Title
This Memorandum and Agreement and Notice was subscribed and sworn to before me this
�bCk day of Yhtt�-\, I"i"ici by wec-'�S as
the Owner.
My commission expires:
Notary Public
o�
/2) LEGAL DESCRIPTION
HARMONY CENTRE - PAD 2
A PORTION OF A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOHNSHIP l NORTH, RANGE
61 PEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE S 1/4 CORNER OF SECTION 56, FROM MICH THE SOUTHWEST CORNER OF SAID SECTION 36 BEARS
589'53'00'W, 2b48'12 FEET, THENCE S89" 53-00"W, 29b.65 FEET ALONG THE SOUTH LIDS OF THE SH 1/4 OF SAID SECTION
36; THENCE NOO'12'00'W, 3000 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED
RECORDED AT RECEPTION NO. 96000086 OF THE RECORDS OF LARIMER COUNTY, COLORADO AND THE TRUE POINT OF
BEGINNING;
THENCE S89'53'OO'H, 2080.4a1 FEET ALONG THE SOUTH LINE AND THE SOUTH LINE EXTENDED WESTERLY OF THAT TRACT
OF LAND AS DESCRIBED AT SAID RECEPTION NO. 9b000086 TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND AS
DESCRIBED IN DEED RECORDED AT RECEPTION NO. 96000088 OF THE RECORDS OF LARNER COUNTY, COLORADO;
THENCE NOO'0430'H, 249.21 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 96000068 TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED AT
RECEPTION NO. 96000081 OF THE RECORDS OF LARIMER COUNTY, COLORADO;
THENCE N85'45'14"PL 222.34 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 9b000081 TO THE SOUTHWEST CORDER THEREOF;
THENCE NOO'0430'W, I42.20 FEET ALONE THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 96000061 TO AN ANSLE POINT IN THE VESTERLY LINE THEREOF;
THENCE NOO'0030'E, 92.60 FEET ALONG THE hESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. c16000061 TO THE NORTHWEST CORNER THEREOF;
THENCE CONTINJIN6 400°00'30"E, 34.12 FEET ALONG THE WEST LINE EXTENDED NORTHERLY OF THAT TRACT OF LAND AS
DESCRIBED AT SAID 96000OY1;
THENCE 585'45'14"E, 99.41 FEET;
THENCE S65'55'28'E, 25.08 FEET;
THENCE 581'52'03'E, 104.O11 FEET;
THENCE S85°45'14'E,12.00 FEET TO THE PEST LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.
16000088, A POINT FROM WHICH THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. 96000081 BEARS SOO60030'E, 27.12 FEET;
THENCE NOO-04'30-K 334.16 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 416000066 TO THE NORTHWEST CORNER THEREOF;
THENCE N89'52'42"E, 114,51 FEET ALONE THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. 9b000088;
THENCE S51'4T06"E, 165.54 FEET ALONG A NORTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 96000088 TO THE MOST EASTERLY CORNER THEREOF;
THENCE N89'53'OO'E, 3Q38 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 9b000066;
THENCE S90'00'00'E, 1262.15 FEET ALON& THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. 96000086 TO A POINT FROM WHICH THE NORTHEAST CORNER THEREOF BEARS 590'00'00"E, 3T5.48 FEET;
THENCE Nbl'283T'E, 3131 FEET;
THENCE 590'00'00'E, 50.00 FEET;
THENCE N45'00'00'E, I18.12 FEET TO A POINT FROM WHICH THE NORTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED AT SAID RECEPTION NO. 9b000086 BEARS 545'00'00'E, 200.00 FEET;
THENCE 545'00'00"E, 200.00 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 16000066;
THENCE 500'I2'00'E, 73420 FEET ALONG THE EAST LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION
NO. 416000056 TO THE SOUTHEAST CORNER THEREOF AND THE TRLE POINT OF BE61NNN6.
01�4'vtle3f
COLORADO CEPARTMENT OF HIGHWAYS
Issuing authority
APPLICATION FOR STATE HIGHWAY ACCESS PERMIT
cationacceptance
date l 12LI95
Instructions:
- contact the Department of Highways or your local government to determine your issuing authority.
- contact the issuing authority to determine what plans and other documents are required to be submitted with your
application.
- complete this form (some questions may not apply to you) & attach all necessary documents and submit it to the
issuing authority. Submit an application for each access requested.
- if you have any questions contact the issuing authority. Please print or type
1) Pro erty owner (Perri2)
�. Tf l� Uf< Lf, , c -j� ��l LGC'
Applicant
+�I I �u1 /1 C
street address, city,
Z-1 U 1 �sl St . tJ
uAVY tt.
street address, city,
ZIO 1 3Is► bif'ovec1J
state 8 zip
�U n/7-f
c}VT
Phone #
�U.�'Zc1G�dC/c.��_
state 8 zip
Phone #
3) Address of property to be served by permit (If known)
4) Legal description of property.
county subdivision block lot section township range
!LAtrl Yt t 4,� I* UN � c, ,I,j I o T7 N R &9 w
5) What state highway are you requesting access from?
6) What side of the highway?
XN ❑ S ❑ E ❑ W
<?
7) How many feel is the proposed acces (from the nearest mile post or cross street?
E,
._feet (N a)from
8) Check here If you are requesting a IZ2 HOJ nvb ���
�I new access ❑ temporary access ❑ improvement to existing access ❑ change in access use
9) What is the approximate date you intend to begin construction?
10) Do you have knowledge of any State Highway access permits serving this property, of for adjacent properties in which you have a property interest.
Vi yes ❑ no If "yes" - what are the permit number(s)? ` I-71 �`-) and/ erml - 913)
11) Does the property owner own or have any interests in any adjacent property?-'li3 T O�EA
?.1
❑ yes no If "yes" - please describe:
12J Are there exismg or dodlcated public streets, roads, highways or access easements bordering orwithin the property?
yes ❑ no If "yes" - list them on your plans and indicate the proposed and existing access points.
13) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floorarea square
footage of each?
business square footage business square footage
ivt Ca"Y 4sc, R-4L't,- E- -70500
-tom
1-))1b D(1lUk Lih�SCp) Z1CQ0
Yt If you are requesting agricultural field access
how many acres will the access serve?
35) If you are requesting residential development access, - what is the type (single family, apartment, townhouse) and number of units?
type N/A number of units type number of units
6) Provide the following vehicle count estimates for vehicles that will use the access. Leaving roper then returnin is two counts. Indicate .f
your counts are peak hour volumes or average daily volumes •` S�-- `_ _ 11
of passengers cars and light trucks # of multi unit trucks # of other vehicles
SAT. r,L " cc, Ill 0-1vtl ✓I✓-1 Z
of single unit vehicles in excess of 30 ft
0ntol
# of farm vehicles (field equipment))
Total Count of All Vehicles
b
'SAT. NQi1J 2tb
7) 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 and 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 h) 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 consisten, with the terms and conditions listed on the permit may be considered a violation of
the permit.
THE APPLICANT DECLARES UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER
APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM AND
SUBMITTED ATTACHMENTS ARE TO THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE.
pp cant signature
� "Date
131'YE-11 ryy,l t
If the applicant is not the owner of the property, we require this application, also to be signed by the property owner or
their legally authorized representative (or other acceptable written evidence). This signature shall constitute
agreement with this application by all owners -of -interest unless stated in writing. If a permit is authorized, the
property owner will be listed as the permittee.
operty owner signal r
Date
�1��� ,,�_
(a Z L f
nay be used until supplies rare exhausted CDOH Form #137
f4
SH No/MP/Side: 068/0011.163/North, Vr
COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Fort Collins
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: DOT Permit No.: 498037 498037
Permit Fee: $0.00
Date of Transmittal: 02/11/98
THE PERMITTEE; APPLICANT
F.C. Timberline Development, L.L.C. Chandelle Development, L.L.C.
2101 31st Street 2101 31st Street
Denver, CO 80216 Denver, CO 80216
Phone: (303) 296-0444 ® Phone: (303) 296-0444
omnncr PrR.:qo : PARRGu. 6"T4
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Departmentand their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is located on SH 68 a distance of 927.88' West of Hogan Drive on the North side of Harmony Road (SH 68).
Travel lane improvements to SH 68 are for the portion between Stover Street anti College Avenue (Sit 287). Sit 68/SII 287
intersection improvements will also occur.
ACCESS TO PROVIDE SERVICE TO:
Retail shopping center .................... 100%
OTHER TERMS AND CONDITIONS:
** SEE ATTACHMENTS: EXHIBIT "A" - TERMS AND CONDITIONS
EXHIBIT "B" - UTILITY PLAN SET
EXHIBIT "C" - SITE PLAN
EXHIBIT "D" - A -LINE DEED (1)
EXHIBIT "E" - CDOT FORM #112 - VAMANCE FROA THE STATE HIGHWAY
ACCESS CODE: For Harmony Road (SH 68)
111110
MUNICIPALITY OR COUNTY APPROVAL
Re uired only when the appropriate local authority retains issuing authority. ` -� _✓�
By (X Date ,;—)- 'y -9 9s Tit �+++
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 pcco��ance wip tl�Q, terms and c nditions of tthe Qermit prior to
being used. The permittee shall notify City ortatlon In ort Col ms ngmeermg - itspecthmts Unis on
with the Colorado Department of Transpotc tc t er at
at least 48 hours prior to commencing construction within the State Highway right-of-way:
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have full authority to accept the permit and all it's terms and conditions.
Permittee(X) GC .�2»ful� /�turlrury�� (,e,C Date 2-hal-9
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTMENT
��O�F(�lTRANSPORTATION, STATE OF COLORADO �
By N b.'b1\ \ X11�0. _ nara 1I `/77k kl-Q, r;.l IU _.'n- tLl/.o _ .
c IV- - - - - -
- , ,.,,,
Date f issue)
urr ulJI KIHUTION: Required; Make copies as necessary for; Previous
6two4+1
Ct,.L(Drixi l0 DEPARTMENT OF HIGHWAYS
•+ r • It 11INe, /n..
Issuing authority
APPLICATION FOR STATE HIGHWAY ACCESS PERMIT
application acceptance
l �20� 98
Instructions
- contact the Department of Highways or your local government to determine your issuing authority.
- contact the issuing authority to determine what plans and other documents are required to be submitted with your
application.
- complete this form (some questions may not applyto you) & attach all necessary documents and submit it tothe
issuing authority. Submit an application for each access requested.
- if you have any questions contact the issuing authority. Please print or type
1) Property owner (Permittee) 2) AID licant
Ti ine-,tf•IIvit htv. LL- hiout>6II1�- Dbc. LLC-
street address, city, \ street address, city,
Zl01 31s+ S<•.+ I��tLIVEav ZIDI 31SE SIvF,t
state zip Phone # state & zip Phone #
�ozil Lv -3-1)3 L11m el,1414
3) Address of property to be served by permit (if known)
4) Legal descnptioa of property.
county subdivision block lot section township lrange
q W
{�
5) What state tighway are you requesting access from? 6) What side of the highway?
❑ S ❑ E ❑ W
7) How manv feet lc ti,,, .—, ........._ ______....I
fito _ _-"__.. II.I J J err
sue
_feet ( N Sc'OW )from I �fi u
8) Check here if you are requesting a Pdrkto SZI. �F1 Pplgy
new access ❑ temporary access ❑ improvement to existing access ❑ change in access use
g) What is the approximate date you intend to begin construction?�
10) Do you have knowledge of any State Highway access permits serving this property, of foradjacent properties in which y u ha yea toperty interest.
F yes ❑ no If "yes" - what are the permit number(s)? 121I'-{ and/or- narmit rin ;10
11) Does the property owner own or have any interests in any adjacent property?
❑ yes r no If "yes" - please describe:
ty Are there existing or dedicated public streets, roads, highways or access easements bordering or within the property?
J1 yes ❑ no If "yes' - list them on your plans and indicate the proposed and existing access points
13) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square
footage of each?
business _ square footage business sours fnntana
'0C1 t o t_ b+ — 7 . T-
4) If
RV
aC' p i�i i I BIDE I IZ$00 �vo
ere requesting agricultural field access
NIA
how many acres will the access serve?
I -A4
t_-M 1 1 4 S
IT you are requesting residential development access, - what is the type (single family, apartment, townhouse) and number of units?
00
number of units type number of units
6) Provide the following vehicle count estimates for vehicles that will use the access. Leaving property then returnin is two counts. Indicate it
your counts are peak hour volumes 0 or average daily volumes ❑. �(\ l �;
of pa se rs cars and h ht true ky� # of multi unit tru ks .--' t_� l% �t�U Sri h Rodomeirvehicles
7 i
o1 singl fit vehicles in excess of 3o it # of farm vehicles (field equipment) Total Count of AI vehicles
111 7 0 n & "t`
.�
7) Check with the issuing authority to dete
(plans should be no larger than 24" x 36") rmine which of the following documents are required to complete the review of your application.
a) Highway and driveway plan and profile. e) Property map indicating other access, bordering roads and streets.
if 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 h) 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 DEGREE, AND ANY OTHER
APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM AND
SUBMITTED ATTACHMENTS ARE TO THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE.
)plicant signature
61111
_ q
if the applicant is not the owner of the property, we require this application also to be signed by the property owneror
their legally authorized representative (or other acceptable written evidence). This signature shall constitute
agreement with this application by all owners -of -interest unless stated in writing. If a permit is authorized, the
property owner will be listed as the permittee.
)perty owner signal ire �l /
_ ✓�'r �_ Dais(
Prevlous editions maybe used until supplies are exhausted
SH Nc/MP/Side: 068/000.339/Norlh,4r
COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Fort Collins
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 4/0
DOT Permit No.: 49fl0/04
36
Permit Fee: So.00
Date of Transmittal: 02/11/93
THE PERMITTEE; APPLICANT
F.C. Timberline Development, L.L.C. Chandelle Development, L.L.C.
2101 31st Street 2101 31st Street
Denver, CO 80216 Denver, CO 80216
Phone: (303) 296-0444 Phone: (303) 296-0444
Q]/siRvr F.Kc Sarr: OPRgaa.. cnzocf1i
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any timethe permitted access and its useviolate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Departmentand their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is located on Sit 68, also known as JFK Parkway, having the centerline of JFK Parlovay align with the centerline of
Mogan Road on the North side of SH 68.
Travel lane improvements to SH 68 are for the portion between Stover Street and College Avenue (SH 287). SH 68/SH 287
intersection improvements will also occur.
ACCESS TO PROVIDE SERVICE TO:
Retail shopping centerr.................... 100%
OTHER TERMS AND CONDITIONS:
* SEE ATTACHMENTS: EXHIBIT "A" - TERMS AND CONDITIONS
EXHIBIT `B" - UTILITY PLAN SET
EXHIBIT "C" - SITE PLAN
EXHIBIT "D" - A -LINE DEED (1) —ot.' ar enr — oli
EXHIBIT "E" - CDOT FORM #112 - VA ANCE FROM IE STATE HIGHWAY
ACCESS CODE: For Harmony Road (SH 68)
--AC "
MUNICIPALITY OR COUNTY APPROVAL
Required only w n the appropriate local authority retains issuing authority.
By
Upon the signing of this permit the p rmittee 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�coc�an�eCw+fh tt terms and conditigns of�he permit prior to
being used. The permlttee shall notify ' Y ° 01 o ills ngmecrmg - nspec roes Huron 5--
with the Colorado Department of Transportation In —� at
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have full authority to accept the permit and all it's terms and conditions.
Permittee (X) rC �I'''"�'�'� c iQUs4.�e LC Date
This permit is not alid until signed by a duly authorized representative of the Department.
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO
By '$ Date L3 Title y
Date of issue)
(:.1.091cX.t
COPY DISTRIBUTION: Reyulred', Marc copies as necessary for; Previous Editions are Obsolete end vnL not be used
1_ D mir,,;l (original) Local Authority Inspector COOT Form #101
2. Applicant MICE Patrol Traffic Fnglneor 7/91
40/150
65/210
60/180
t--/
145/1130/290/
,-J ; ,
60/60 '
NOM.
70/80 —y
100/140
NOM.
f 125/160
1 410/570
— 1300/1000
f-- 440/470 ,
315/345
910/1125 o
110/110 -- \\ Z
o v\i
O N
nN �+
Legend:
Weekda Saturday
N
PM Midday
Rounded to the Nearest
a}
5 Vehicles.
lL
w
��
oi\
— 20/20
90 120
0 p
II}30/~
110/175
1
I
25 w
N S
'o
180/250
190/190
� U O
O �
Shc>V1S
w
o a, o,--35/55
o mm.
150/250
t
45/65 �-
SITE
NOM.
N NaN SITE
J
140/195
J
\oho
HAR ONY
z
430/56035/4
1\
35/a5N�`-1560/12552000
J — 20/15
1890 166 1 \
J
LONG RANGE PEAK
360 475 —�I
1180/1390
20/10 —�
0 o vi
HOU TRAFFIr. < �?�
S�n�u�s
JQI w,�
�3001200
��-1500/1300
2500//200
I
000
n o
000
Figure 11
upon the Ditch and the Slope as aforesaid. The Construction
Easement may be utilized by vehicles transporting :onstruction
materials, by persons employed in connection with any
Construction work provided for herein, including temporary
storage of materials and vehicles being utilised in connection
with that Construction. The Construction Sasament granted
pursuant to this paragraph shall commence upon the effective date
hereof and continue until Construction of the Ditch and the Slope
are complete.
2. Grant of Ditch Easement. Grantor hereby grants to
Ditch Easement Grantees, their successors and assigns, a
permanent, perpetual and non-exclusive easement (collectively the
"Ditch Easement*) over and across the Easement Area for the
Construct on and maintenance, and passage of water through the
Ditch, and an access road providing access to the Ditch, for use
by Ditch Easement Grantees, their successors and assigns, in the
transportation and flow of irrigation and Jralnaga watttr owned by
the Ditch Company, .to shareholders, purchasers, customers,
successors and assigns, or for drainage waters contributed to the
Ditch by the City, together with a right of access, ingress and
egress over and into the Easement Area for purposes of
Construction, inspection, repair and maintenance of the Ditch and
Access Road.
3. Grant of Slope Easement. Grantor hereby grants to
Troutman, its successors and assigns, a permanent, perpetual,
non-exclusive Slope Easement for the construction and permanent
placement of a Slope with a grade of approximately Oil over the
Slope easement Area, together with a perpetual, now -exclusive
easement for the drainage of naturally flowing waters down and
across the Slope easement Area, and from the Slope eanownt Area
onto and across the Grantor Parcel.
4. Drai Great" huff
acknowledges the essemen a grantea herein weat'81034" Me
relocation of the Ditch from one portion of the Grantorraftelto
another, and that such relocation seeeasarily will CS"11t; Jq a
change in the drainage patterns across the Gre*%eg
Orantor further hereby waives any claim or caw oft
whatsoever against that the Ditch Company for MWI�
resultant from seepage from the Ditch as the same traaversoe thl.
Grantor Parcel.
S. Miscellaneous.
(a) All grants of easements oowtetwd !# ,
Agreement shall run with the Grantor Parcel for the
the Troutman Parcel and shall be bindsag Wow #.- x
benefit of the parties hereto and tbeir
successors and assigns. .k
(b) Grantor and
the relocation and expansion of
to both Grantor d Troutman
future development of both
Parcel.
an
M Trousa box dig
the DLteh ago Sim,
In that the mar
the Grantor goner
1
(c) This Agreement shall
and enforced in accordance with the
Colorado.
be
law��MN!
(d) 2f any provisions of this A61480 of 4w "Be
application thereof to any person or eircoostanee shall be Seemed
to be invalid or unenforceable to any extent, the remsiodtr of
this Agreement and the application o! each pcowieiosr to otber
persons or circumstances shall not be affected thereby and shall
be enforceable to the greatest extent permitted by law.
-17-
Date: 1/16/98 Pg. 1 oft
Exhibit A
Terms and Conditions
1. The Permittee shall refer to all additional standard requirements on the back of this Permit
and any enclosed additional terms, conditions, exhibits and noted attachments.
Incorporated as part of this permit are the following:
Application for Access Permit (CDOT Form No. 137)
Both sides of the Permit (CDOT Form No. 101)
Exhibits: "B"- Utility Plan Set
"C"- Site Plan
"D"- A -Line Deed (1)
"E"- CDOT Form 9112 - Variance From The State Highway Access Code
This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and
is based in part upon the information submitted by the Permittee. This Perm t is only for the
use and purpose stated in the Application and Permit. Any changes in traffic volumes or
type, drainage, or other operational aspects may render this permit void, requiring a new
permit to be applied for based upon existing and anticipated future conditions.
4. 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 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.
5. Reconstruction or 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 repairs.
6. The Permittee is responsible for obtaining any necessary additional federal, state and\or
City\County permits or clearances required for the construction of the access. Approval of
this access permit does not constitute verification of this action by the Permittee.
7. All costs associated with the installation of this access are the responsibility of the Permittee_
This includes the design, construction, utility relocation, testing of materials and inspection.
8. Landscaping shalt not obstruct sight distance at any state highway access point.
9. Permittee is responsible for any utilities disrupted by the construction of this access and all
expenses incurred for their repair.
Terms and Conditions (Continued) Pg 2 of 2
10. 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 execution of this permit shall be repaired and\or replaced immediately at the expense of
the Permittee.
2zi-tdo5
1 I . The Permittee or the contractor shall notify Rick Richter at (970) ;S at least two
working days prior to beginning any access improvements or construction of any kind within
the state highway right-of-way. Failure to comply with this requirement may result in the
revocation of this permit.
12. Speed change lane(s) shall be provided in accordance with Exhibit "B".
13. The access shall be constructed 52.5 feet wide from flowline to flowline at the property line,
with 30 foot radii as per Exhibit "B".
14. All required access construction shall be completed prior to the herein authorized use of this
access.
15. The access shall be surfaced immediately upon completion of earthwork construction and
prior to use.
16. Surfacing of the State Highway 68 access shall consist of concrete from flowline to property
line.
IT 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.
18. The access shall be constructed and maintained in a manner that shall not cause water to
enter onto the roadway, and shall not interfere with the existing drainage system in the right-
of-way. Drainage to the state highway right-of-way shall not exceed the historical rate of
flow.
19. A COMPLETE COPY OF THIS PERMIT SHALL BE ON THE JOB WITH THE
CONTRACTOR AT ALL TIMES DURING CONSTRUCTION. If necessary, minor
changes and additions may be ordered by the Department or local authority field inspector
to meet unanticipated site conditions. FAILURE TO COMPLY WITH THIS OR ANY
OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE
SUSPICION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR
THE ISSUING AUTHORITY.
E—A141 t= " I CF
COLOAADO DEPARTMENT OF TRANSPORTATION
VARIANCE FROM THE STATE HIGHWAY ACCESS CODE
State Highway NojMpSido Local jurisdiction egio action/Patrol Permit No. (if approve )
068/000.163/North Fort Collins 4 1 04- "S0.3-1
WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION.
1. State specific reasons for this variance request. Documents verifying statements may be requested or should be provided with request.
State specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If
variance is temporary, state conditions which will change allowing ?he access to conform to the access code. If date is known when
conformance can be achieved, provide that date.
See Attachments
NOTICE: Providing false information to a government agency is punishable as perjury in the second degree, as well as being punishable
under any other ap
This form submitted b Date
M I/21/9�
ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY.
2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by
an authorized offical.
(
Date
2-1-sl�
3. Recommendation of the Region Traffic d Safety Engineer:
Fccomrh,eiqd Aroviu(
(Xj 2 1
Date
1
4. Re c Vjifie o of the awtterfdentor Re ion Access Coordinator-
a� e4�Z!' �m5➢..r'S L�\1`I+w.�ecaYhWKir�C
(JF-e1i(�.
gS41 1,5 .
b
Date
FINAL ACTION TAKEN BY THE REGION TRANSPORTATION DIRECTOR: ' '
Having reviewed this variance request and all materials attached, I hereby A approve, ❑ deny, this request for variance from the
standards of the State Highway Access Code.
(X) Date
Whuecopy Regionp rmit files/Canary copy -Saff ROW CDOTForm#112 6r94
I
Variance Request for a Reduced Deceleration/Storage Lane Length
at the right-in/right-out/left-in access
Harmony Centre P.U.D.
Sheet 2 of 4
Harmon} Cjntre P.U.D. is requesting a variance to State Highway Access Code 4.8.1.b. for the
eastbouA deceleration/storage lane on Harmony Road approaching the proposed right-in/right-
out/left-in access. The length of the full -width lane is 325 feet. Due to the painted median on the
south side of this left -turn lane, the fully protected area will extend an additional 70 feet. This totals
400 feet of full lane width. The required taper length can be achieved for this left -turn lane. The
required deceleration lane length is 375 feet and the required storage is 290 feet. This totals 665 feet_
The variance is due to the need for dual westbound left -turn lanes approaching the College
Avenue/Harmony Road signalized intersection. Provision of the eastbound left -turn lane at the
proposed access will improve the operation at other signalized intersectionsThis section of
,,,
Harmony Road has four or more intersections per mile and there is driver expectancy of speed
changes, turning movements, and weaving movements along this section of highway. This variance
will not be detrimental to the public health, welfare, and safety.
Mr. Matthew J. Delich, P.E. has prepared a traffic study (February 1996) titled Harmony Town
Center (Centerpoint) Site Access Study that lists his professional recommendations. Also included
(with the Access Permit Application) are five sets of utility plans showing the appropriate
information related to this variance.
At this time the City of Fort Collins agrees with Mr. Delich. Although the deceleration lane does
not and will not in the future meet the State of Colorado's minimum requirements expressed in the
State Highway Access Code, Section 4.8.1.b., the City feels that the proposed deceleration lane
provides a safe and efficient environment for vehicles traveling eastbound on Harmony Road and
entering right-in/right-out/left-in access
-iL
Sheet 3 of
Variance Request for a Reduced Deceleration Lane Length,
Omission of an Acceleration Lane With the Respective Taper Length, and
Omission of a 100' Gap Along Harmony Road
at the Development Access Off Of Harmony Road
Harmony Centre P.U.D.
Harmony Centre P.U.D. is requesting a variance to State Highway Access Code 4.8.1.b. for the
westbound right -turn deceleration lane on Harmony Road approaching the proposed right-in/Fight-
cu0—eff--inacc'ess T eT distance from JFK Parkway to the proposed access is approximately 930 feet
J•J (on -centers)_ The required deceleration length is 375 feet and the taper is 235 feet (using a 13:1 taper
ratio)_ This totals 610 feet. No additional storage is necessary, since this right -turn does not require
a stop. The taper is varied to a 9:1 taper ratio for the 18 foot transition. This will allow motor
vehicles to cross the bike lane in a shorter distance, which reduces the exposure time/distance of
bicycles.
Harmony Centre P.U.D. is also requesting a variance to State Highway Access Code 4.8.1.b. that
requires a minimum acceleration lane length and minimum taper length of 550 feet and 270 feet,
T
respectively, for a posted speed limit of 45 mph. It has been the City of Fort Collins' policy not to
construct acceleration lanes for the following reasons: 1) Generally, spacing between curb cuts does
not allow for an effective acceleration lane, 2) Acceleration lanes are also used for deceleration lanes
because of the proximity of curb cuts, and 3) Avoiding the installation of acceleration lanes
eliminates unnecessary weaving of vehicles. Please refer to the enclosed attachments from Mr. Eric
Bracke, City Traffic Engineer and Mr. Matthew Delich, Professional Traffic Engineer regarding this
issue.
Harmony Centre P.U.D. is also requesting a variance requiring a minimum gap between deceleration
lanes and acceleration lanes of 100 feet. It was expressed by CDOT personnel that this figure was
a minimum length to which is usually adhered. Again, because of the City of Fort Collins' position
regarding acceleration lanes, and the closeness of the curb cuts, this gap would not be feasible.
Mr. Matthew J. Delich, P.E. has prepared a traffic study (February 1996) titled Harmony Town
Center (Centerpoint) Site Access Study that lists his professional recommendations. Also included
(with the Access Permit Application) are five sets of utility plans showing the appropriate
information related to this variance.
At this time the City of Fort Collins agrees with Mr. Delich. Although the deceleration lane does
not and will not in the future meet the State of Colorado's minimum requirements expressed in the
State Highway Access Code, Section 4.8.1.b., the City feels that the proposed deceleration lane
provides a safe and efficient environment for vehicles traveling westbound on Harmony Road and
entering the development through the right-in/right-out/left-in access. Furthermore, the City of Fort
Collins supports Mr_ Delich's recommendations concerning the issue of not including a westbound
acceleration lane from the right-in/right-out/left-in access.
VARIANCE FROM STATE HIGHWAY ACCESS CODE
HARMONY CENTRE P.U.D. - HARMONY ROAD (SH 68)
ACCESS
N
I�.
Development
�4
Access (inbound
left turn from
Harmony Road -
SH 68)
TOTALS:
CDOT REQUIREMENTS
375' decel
156' taper
290' storage
Sheet 4 of 4
ACTUAL CONDITIONS
370.33' decel
163.70' taper
821' 534.03' from beginning of
taper lane east to the end
of the storage lane - 3/4
movement access
��✓
Development
550' accel
�t«
Access (outbound)
270' taper
onto WB Harmony
Road (SH 68)
100' gap
Development
350' decel
Sg�
Access (inbound)
235' taper
from WB Harmony
Road (SH 68)
TOTALS:
1505'
l
n/a
n/a
n/a
377.01' decel
162.14' taper
539.15i?m'6evelop ent-
Access PC east o
beginniDf Paper
Legend:
z
0
r-
N
N � O
n ..N
140/150
165/210
/�
160j180
145/170
130/275 ----I
O o 0
90/90� m "'
O \ O
N o O
M
�C
O \
- 100/140
No m ^
I
�No�
125 tE0
60/60 -� }
NOM. o 0
70/80 --,,, N
Sao
N O
p N �
410/570
44 0101
440 470
110/175 -7
180/250
190/190
SITE
20/20
120/145
90 120
O N�
wuo
o ,s
Weekda Saturday N PM Midday
Rounded to the Nearest
5 Vehicles.
J
U`
250I1V:AS�4
NOM.
150//50
A35/55
SITE
N �''
O O
M
"6 HA
�_ \ 0 430/Sfi0
�-2100 � 18go � � � /- 1560/1255
s T- 2000 1 1890 166 20/15
5--- / 360/475
1180 1390
20/10
I o o n
LONG RANGE PEAK HO
TRAFFIC Gk
XC\ Q,
1V�
3001200
1500/1300
250/200
000
n o
"lNN
\
\ /1 U
\ VV
NY
Figure 11
FY0t F1, a " E" tcF
COLORADO DEPARTMENT OF TRANSPORTATION
VARIANCE FROM THE STATE HIGHWAY ACCESS CODE
State Highway o/ pie L, Local jurisdiction egion/ action/ afroPermit No. (if approved)'
068/000.339 North Fort Collins g- 1 04- A98o3(p
WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION.
1. State specific reasons for this variance request. Documents verifying statements may be requested or should be provided with request.
State specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If
variance is temporary, state conditions which will change allowing the access to conform to the access code. If date is known when
conformance can be achieved, provide that date.
SEE ATTAWIEdTS
NOTICE: Providing false information to a government agency is punishable as perjury in the second degree, as well as being punishable
under any other a e d
This form submitted Date
(X) I �g
ITFMS RFI C)W THIR I INF ARF FnP nFFI(:F I IRF CM V
2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by
an authorized offical.
I D (X)
Date
/-DI—�"F
11
3. Recommendation of the Region Traffid and Safety Engineer:
Rein 0eid A fpov,
(X)
Date
2
4. Rec n o the Section Maintenance Superintendent or Region Access Coordinator:
-jp tie
(X)
ss
Date
z 4 98
FINAL ACTION TAKEN BY THE REGION TRANSPORTATION DIRECTOR:
Having reviewed this variance request and all materials attached, I hereby Jr approve, ❑ deny, this request for variance from the
standards of the State Highway Access Code.
(X)
Da e
. 11-11 �y�.,�� Nf...... o,, c"."y wpy omn nuvv CDOT Form 4112 6194
Sheet 2 of 9
Variance Request for a Reduced Deceleration/Storage Lane Length,
Omission of an Acceleration Lane and the Respective Taper Length, and
Omission of a 100' Gap Along Harmony Road
at the JFK Parkway Intersection
Harmony Centre P.U.D.
Harmony Centre P U.D. is requesting a variance to State Highway Access Code 4.8.1.b. for the
westbound right -turn deceleration lane/storage lane on Harmony Road approaching JFK Parkway.
i=
ie armony oa.d/JFK Parkway intersection will be signal controlled. Based upon the State
Highway Access Code, the required deceleration lane length is 375 feet, the storage length is 250
feet, and the taper length is 235 feet (13:1 minimum taper ratio). This totals 860 feet. Stover Street
is approximately 660 feet east of JFK Parkway (on -centers). Due to the proximity of these two
streets, and that the site property line is only 100 feet west of Stover Street, the property line should
be used as the control point for the end of the taper. The available distance from the property line
to the east curb return of JFK Parkway is 525 feet. The taper ratio has been varied to a 9:1 taper ratio
for the IS foot transition. This will allow for vehicles to cross the bike lane in a shorter distance
which reduces the exposure time/distance of bicycles. The remaining full lane length is 374.01.
This distance is used for deceleration and storage. The right -turn storage can be reduced, since the
recommended signal phasing will allow these right -turns to move on a southbound JFK Parkway
phase and as right turns on red, after a stop. This section of Harmony Road has four or more
intersections per mile and there is driver expectancy of speed changes, turning movements, and
weaving movements along this section of highway.
Harmony Centre P.U.D. is also requesting a variance to State Highway Access Code 4.8.1.b. that
requires a minimum acceleration lane length and minimum taper length of 380 feet and 180 feet,
respectively, for a posted speed limit of 40 mph. It has been the City of Fort Collins' policy not to
construct acceleration lanes at signalized intersections for the following reasons: 1) Generally,
spacing between curb cuts does not allow for an effective acceleration lane, 2) Acceleration lanes
are also used for deceleration lanes because of the proximity of curb cuts, and 3) Avoiding the
installation of acceleration lanes eliminates unnecessary weaving of vehicles. Please refer to the
enclosed attachments from Mr. Eric Bracke, City Traffic Engineer and Mr. Matthew Delich,
Professional Traffic Engineer regarding this issue.
Harmony Centre P.U.D. is also requesting a variance requiring a minimum gap between deceleration
lanes and acceleration lanes of 100 feet. It was expressed by CDOT personnel that this figure was
a minimum length to which is usually adhered. Again, because of the City of Fort Collins' position
regarding acceleration lanes, and the closeness of the curb cuts, this gap would not be feasible.
Mr_ Matthew J. Delich, P.E. has prepared a traffic study (February 1996) titled Harmony Town
Center Wenterpoint) Site Access Study that lists his professional recommendations. Also included
(with the Access Permit Application) are five sets of utility plans showing the appropriate
Sheet 3 of% 9
information related to this variance.
At this time the City of Fort Collins agrees with Mr. Delich. Although the deceleration lane does
not and will not in the fiiture meet the State of Colorado's minimum requirements expressed in the
State Highway Access Code, Section 4.8.l.b., the City feels that the proposed deceleration lane
provides a safe and efficient environment for vehicles traveling northbound on College Avenue and
entering Kensington Avenue. Furthermore, the City of Fort Collins supports Mr. Delich's
recommendations concerning the issue of not including a northbound acceleration lane from the
Kensington Avenue/College Avenue intersection.
1�
(e) Time is of the essence with respect to each
and every covenant, Agreement and obligation of the parries to
this Agreement.
(f) In the event any party hereto shall incur
attorney's fees in the enforcement of this Agreement, the party
not prevailing in any such action shall pay the reasonable
attorney's fees of the prevailing parties.
NOR, TKEREf'ORE, Grantor has executed this basement
Agreement on the day and year first above written.
!t. OOLLIMS SZNBLAGE, LTD., a
Colorado ted partnersh
ily ,
lowrilian fade
General Partner
=?A?s OF COLORADO)
) $a.
County of,
?be foregoing is nt Agreement was acknowledged before
as this A&ifj* day of 19by William K.
itrickfaden as General Par aer o �cllins samblage, Ltd., a
Colosado limited partnership, on behalf of the partnership.
-18-
Sheet 4 of 9
Variance Request for a Reduced Deceleration/Storage Lane Le UL(Eastbound)
Al ng Harmony Road
at the JFK Parkway Intersection
Harmony Centre P.U.D.
Harmony Centre P.U.D. is requesting a variance to State Highway Access Code 4.8.1.b. for the
eastbound left -turn deceleration lane/storage lane on Harmony Road approaching JFK Parkway.
Using a taper ratio of 13:1, the full width lane will begin at station 20+20. The stop bar will be
located at station 27+05. This results in a left -turn lane of 685 feet. The required deceleration lane
length is 375 feet and required storage lane length is 415 feet. This totals 790 feet. This section of
Harmony Road has four or more intersections per mile and there is driver expectancy of speed
changes, turning movements, and weaving movements along this section of highway. This variance
will not be detrimental to the public health, welfare and safety. �
Mr. Matthew J. Delich, P.E. has prepared a traffic study (February 1996) titled Harmony Town
Center (Centerpoint) Site Access Study that lists his professional recommendations. Also included
(with the Access Permit Application) are five sets of utility plans showing the appropriate
information related to this variance.
At this time the City of Fort Collins agrees with Mr. Delich. Although the deceleration lane does
not and will not in the future meet the State of Colorado's minimum requirements expressed in the
State Highway Access Code, Section 4.8. Lb., the City feels that the proposed deceleration lane
provides a safe and efficient environment for vehicles traveling eastbound on Harmony Road and
entering JFK Parkway.
S.l . AC-T-% -AO
VARIANCE FROM STATE HIGHWAY ACCESS CODE
HARMONY CENTRE P.U.D. - HARMONY ROAD (SH 68)
ACCESS
?k JFK Parkway
(outbound)
JFK Parkway
(inbound)
CDOT REQUIREMENTS
550' accel ,
270' taper' O
s• s
375' decel
235' taper�� '
250' storage)-
Sheet 5 of )K q
ACTUAL CONDITIONS
n/a
n/a
n/a
374.01' decel
155.90' taper
combined with the
lane length
TOTALS: 1780' ✓ 529.91' from Development
Access PCR east to
beginning of taper
,HEET (n or 0 `1
To: Tim Blanford, Development Review Engineer
From: Eric L. Bracke, Traffic Engineer
Date: October 10, 1997
Re: Variance Request, Harmony Towne Center
Please consider this memorandum as my opinion as it pertains to the requests for
variance to the State Highway Access Code and the Harmony Towne Center along
Harmony Road (SH68).
The request for variance has been proposed for the westbound right turn
deceleration/storage lane on Harmony Road as it approaches JFK. The phasing of
the proposed signal at JFK will allow for a near continuous movement of right turns
since no thru northbound movements will be allowed. The storage length, as
required by the SHAC is therefore not necessary. The entire length of the lane can
be used for deceleration without any affect on public health, safety or welfare.
Additionally, the City of Fort Collins street standards will include on -street bike
lanes on Harmony Road, and the decreased distance will reduce the exposure time
that bicyclists will encounter with motorists.
A westbound acceleration at JFK is required by the SHAC. It has been the city's
policy not to construct acceleration lanes at signalized intersections for the following
reasons: 1.) Generally, spacing between curb cuts does not allow for an effective
acceleration lane, 2) Acceleration lanes are also used for deceleration lanes and (due
to curb cut spacing) and avoiding the acceleration lane construction eliminates
unnecessary weaving. Therefore, the city supports the applicants variance request to
eliminate the acceleration lane.
The applicant has requested a variance jo, shorten the deceleration and taper length
for the eastbound left turn at JFK by 105 feet. This area is an urban condition with
driver expectancy of speed and lane changes. The left turn lane is proposed to be
approximately 685 feet which is more than adequate for taper and storage.
The proposed variance to the westbound deceleration lane at the right-in/right-
out/left in is also supported by the City. Reducing the taper from the required 13:1
►J
r4FEaf i aFq
October 10, 1997
ratio to a 9:1 ratio will reduce the exposure time between bicyclists and motorists.
Additionally, no storage will be required at this particular access point.
There is no acceleration lane proposed for the development and is supported by the
City for the reasons stated earlier in this memorandum. Additionally, the distance
between College Avenue and the access point is too close to make an acceleration
lane effective.
The variance for a reduced distance at the right-in/right-out/left-in access point is
supported by the City. The addition of this particular left turn, with the provision of
dual west bound left at College Avenue, and the eastbound left turn will improve
the overall efficiency of the system. The proposed 400 feet of storage and taper at
this intersection will be safe and efficient and not be detrimental to public health,
safety, and welfare.
Please feel free to contact me directly a x6062 should you have additional questions
or comments.
0
. - JYJJbb7JU' j4 p1�
i S CE( 8 0F 9
A variance is requested for the westbound right -turn
deceleration/storage lane on Harmony Road approaching JFK Parkway.
The Harmony/JFK intersection will be signal controlled. Based upon
the State Highway Access Code, the required deceleration length is
375 feet, the storage length is 250 feet, and the taper is 235 feet
(13:1). This totals 660 feet. Stover Street is approximately 660
feet east of JFK Parkway (on —centers). Due to the proximity of
these streets, and that the site property line is only 100 feet
from Stover Street, the property line should be used as the control
Point for the end of the taper. The available distance from the
Property line to the curb return is 525 feet. The taper is varied
to a 9:1 ratio for the 18 foot transition. This will allow motor
vehicles to cross the bike lane in a shorter distance, which
reduces the exposure time/distance of bicycles. The remaining full
lane length is 370 feet. This distance is used for deceleration
and storage. The right —turn storage can be reduced, since the
recommended signal phasing will allow these right turns to move on
a southbound JFK phase and as right turns on red, after stop. This
section of Harmony Road has four or more intersections per mile and
there is driver expectancy of speed changes, turning movements, and
weaving movements along this section of highway.
There is no acceleration lane along Harmony Road west of JFK
Parkway for the following reasons: 13 it is the City policy to not
have acceleration lanes on urban arterial streets, 2) it is the
recommendation of the traffic consultant (Matthew J. Delich, P.E.)
to not have acceleration lanes on urban streets, and 3) the spacing
between JFK Parkway and the next access is too close. Providing
a stop condition prior to entering Harmony Road is in the best
interest of public health, welfare and safety.
A variance is requested for the eastbound deceleration/
storage lane on Harmony Road approaching JFK Parkway. Using a
taper ratio of 13;1, the full width lane will begin at station
20+20. The stop bar will be located at station 27+05. This
results in a left —turn lane of 685 feet. The required deceleration
length is 375 feet and the required storage is 415 feet. This
totals 790 feet. A 105 foot variance is requested. This section
of Harmony Road has four or more intersections per mile and there
is driver expectancy of speed changes, turning movements, and
weaving movements along this section of highway. This variance
will not be detrimental to the public health, welfare and safety.
SHEET 9 oc 9
A variance is requested for the westbound deceleration lane
on Harmony Road approaching the proposed right-in/right-out/left-
in access. The distance from JFR Parkway to the proposed access
is approximately 930 feet (on -centers). The required deceleration
length is 375 feet and the taper is 235 feet (13:1). This totals
610 feet. No storage is necessary, since this r`jght turn does not
require a stop. The taper is varied to a 9:1 ratio for the 16 foot
transition. This will allow motor vehicles to cross the bike lane
in a shorter distance, which reduces the exposure time/distance of
bicycles. -
There is no acceleration lane along Harmony Road west of the
proposed access for the following reasons: 1) it is the City policy
to not have acceleration lanes on urban arterial streets, 2) it is
the recommendation of the traffic consultant (Matthew J. Delich,
P.E.) to not have acceleration lanes on urban streets, and 3) the
spacing between this access and the next access is too close.
Providing a strop condition prior to entering Harmony Road is in the
best interest of public health, welfare and safety.
A variance is requested for the eastbound deceleration/storage
lane on Harmony Road approaching the proposed right-in/right-out/
left -in access. The length of the full -width lane is 325 feet.
Due to the painted median on the south side of this left -turn lane,
the fully protected area will extend an additional 70 feet. This
totals 400 feet of full lane width. The required taper can be
achieved for this left -turn lane. The required deceleration length
is 375 feet and the required storage is 290 feet. This totals 665
feet. The variance is due to the need for dual westbound left -turn
lanes approaching the College / Harmony signalized intersection.
Provision of the eastbound left -turn lane at the proposed access
will improve the operation at other nearby signalized
intersections. This section of Harmony Road has four or more
intersections per mile and there is driver expectancy of speed
changes, turning movements, and weaving movements along this
section of highway. This variance will not be detrimental to the
Public health, welfare and safety.
TOTAL P.03
i
Oowsidesing dw Sevth lino of Seetisw M. Uumebip 7 host*, asgp H vast
of the 4th f.q., as leasing N 4l033' S. 2444.75 foot Frith all Mariwgs
eowtalaM herein relative tberue: 4agiaaiwt at the S 114 caner of sail
Soetion 34t tbonea along the Seeth lino of MU Section 34, S VMV Y.
9li.45 feet; thowce N 0912' V., 30.00 feat to the tsw plat of begiaatog.
said true /oast of iogioaiwg belag as the North lime of the mdsciag cowat7
Rc al; thawee &left said North lira S. 49e33' V. 1104,24 fast; thosw M 1?
14103" 1. 1l2.33 fast; thawee M. 7a27933" S. l3." feet= thamoe N Oa21'34' t.
347.54 feet; thweo S. 43011'3r S. 152.49 teat owe or lose to the Nortb
lime of lame of Nowlewd 0tiffith; thence along MLI N.xcb live I. 53/.0 feet
mesa or leas to a It" rlicb 9asr. S. 0012'00" a. Sold passes thee 0 die Me
point of bottoming thowto alswg sold lime 4. 00121W S. 733.63 feet acre or
lose to the tsw Point of logiasiag. MLO, Naha at a pesut 30 feet North of
the $1/4 newel of Saetim 34, Township 7 Nasth, swage 49 test of .nth PA.,
tleoao S WSr V 114.4S leet; chance N. 09121OS" W. 73S.63 feet; thewee Let
pmsallol to the Sena lice of sold W 1/4 to a point ea do Out lase m M 1/4,
Alob pofat is 763.40 feet North of asid Sl/4 owner; thewee Math aleag the
rat Um of add Ss3/4 to do true passe of begianiag; SSA! fettmat"
34 foot Noeth of the S 1/4 gowns of meld Socsion 34, tfaaaa S. 4l033" M.
!l m teat; theeee N a'1='w N. 7%.21 tact; thence last pesallal with
as "so 1lom K eald w 1/41, MAS feet to Slat ling of said SN 1/4;
tlwwae ons" ale" maid live to the ttae pout of bottoming.
Oeawtt of left ws, .
State of Oa wade.
Ewarr Y
Of M \ate `
The tract of land located is the Southwest quarter of Section 36.
Township 7 North, am" 69 Most of the its. Principal Hartman.
City of Port Collins. Lartmar Caswty, Colorado. being sore per-
ticularly described as follows
Csesidsrtag the Peet line of the South Half of the Seuthwoat
Quartsr of said Section 36 as bearing. North VO4'30" West and
with all bearings contained harsin relative theestoi
Commencing at the Southwest corms, of said Section 368 thane,
North 0.04930" Best along the Vest lime of the South Half of the
Southwest Quarter, a distance of 870.16 foots thefts, North W
34116" Zest. a distance of 50.00 feet to the Bouthoust eeraar of
a parcel of land as described is Reception No. g'SOgM3 of the
Records of said County (subject to right-of-w7 401caim w-
corded is Book f 09a at ".;sa 5"1 of the rsoseio of said
said point being the lolly of -ems thence alo"the.
gastarly rigbt-of-my of South College Riwn■a the fouvoing
courses and distances, north 0.04'30" Vost. 432.06 foots thn000,
North WS4'52" Bast. 1." foots themae, g th 9,02,U" Sea.
323.19 foots thence. North W 33' 30" !soot, 2.70 foot; thwao,
North 0'04'22" Mast, 145.60 feat to a polar • the South
of -my of Troutaen terms'.; theooa Soold Soo" lr the fel-
lovia$ 3 'a.-- s and baariuges North � 9'3S" Wt, 337.40 Soot
to a point on a curve concave to tis Need hwiag a I
of 12'23' 17", a radius of 1115.00 het rind a om d 4C
bears. North 03044'00" Soot. 242.77 foots trey ala" to arse 4W
said curve 243.24 foots themeo, Noclh M32421` Wt, 2M.ft. Sr
to a point an a cam osmoswe to tMe Senthwtt Mwlo s
aagla of 0S•00'00", a radios of 20.00 Soot sad as -
boars. Such W371W Moot, 27.a frets thssssss
said cum, 29.67 feet to a paint w I" odd Not
Paelwa>i theooa along acid tut Ilona, 8"a 1
361.40 feet to a paint m the Moot line rt am
land. dooeribed to loot 2211, hiM lei flilMcs
lire North W 30000" Moot, 122.40 Sea WA
cefaow to tie Northwt howl" a esio"&
radix of 033.06 feet am the shad"
49' 33" post 11M.17 font tha�moe
164.64 foots tlomoe. South 33'2i�
0e0411 00! 'W Most. $7.33 9mg us
f u of the Soutbast gmattae of am j
said North lime, Naeth 00'34'2r Sub
00'03'4M Veit. 114.SS fwts trof>ra
foots doom, South foal""
33'44" Most. 7.31 frets to •
feueh ring a emetral OWN441" of
foot and a shad of dotes WON*
foots thoow slang tw an of ads
Semi W34' W !boot, 403.40 !fort M
The Shwa d"cribod Parcel
su►,�t to all seemmoto aed� land eeatda� 1S.Mi
Mlst;Lft. ow ft rosin*
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As moment a, over and acron a parcel of land located in the
Southwest Quarter of Section 36, Toumahip T Morth. Ran-) b9 Yost
Of thw trh Tr+':<'tr:: llttllL n. City o1c Fort Collins, Lariamr
County. Colorado. being arose particularly describad as follows,
Considering the Sawth lino of the Southeast Quarter of maid Sec -
ties 36 as bearing, Monte 891933100" last free a found 3" brass
GOP is a range bon at the Southwest owner of said Section 36 to a
found Munber 4 rmbar with cap at the South Quarter cornin of maid
Sectiw 36 (2i48.75 feat) and with all bearings costaioed heroin
relative therstou
CoMM mime at the Southwest Cromer of acid Section 361 theme
alasg the South lima of me" Ssutinraet Quarter Morn WS3100"
Into 343.7t foato thee. North W97100" Meet, 30.00 feet to
the lo�Ui a MMMKM@ said poist being on the North right-of-
way lfss of Sts" lighmmy N (MesasI and) I thence along said
MID lies, Saw W331W Vue, 73.73 fost to do Southeast
Herr of a lrea ' 019e11edvt d- - find in Seek 1431, toga 743
e+oeM" ad ""id G"I"I: themes &Log tin Mast uns of acid Por-
eeelelet ftsw e"to teeth Samlor Must, so-so teat= Bases, alomg
the N llss of maid P"WRe"t Mesesesto Need W53's0" Meet.
=/• goon. Neeth 13.1414r rat, 145.21 faatt then",
M^ 300 beets "At !anti baron, Ranh 00'29136" lost,
3fteft Ant{ thew, ono 2S' 12' 10" owt. 103.22 feet to a point
an NHS 11"0 fifers of a }weal se Led denertbed is Inception Me.
meow nnoub $mat/ Caoetyl tienoe along sand fourth liar.
ft t. U.27 femts thanes. oentisuisg on maid
$00 !0'08W But, 31.4d toot: beano &IM the
r •t_ a M"sconl of Ls! ds"asibed is look 1/no I 7p
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a AM to the !Moot of &ROSSI".
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seat to all aaaa■eah ad rights -of -way am as
f Yo4tavr "E'
St o ff &%cMEN* AP&O
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located in for south brit of the Southwest
A parcel of land y vest of tt�a 6th
Quarter of Section 36. Township 7 �h��. State of ; c�rodo
bafpt s cnrpactloct'Coyli �. r� � tollaisi
Conaidaring the vest line of the south halt of the soutbo"t
Quarter of said Section 36 as bowl" �4"43" and with all
bearIAGS contained hsreis relative thereto,
C.. . ins at tb. eoutbrost eareor of the south halt ad tin
said Sectios 36, thaese "0e"13" 914"
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tan" of 870.19 feet] thsece N9'S5130"&- a �� a
feet to for southwest 3 of
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records of said County. thoece `�� 16"L. _
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parcel of said Mint mda the �' 49
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MEMORANDUM OF AGREEMENT AND NOTICE
Y90jG433 U4i16/99 1: .'.:UU ti PAGES - 1•`;✓i; - $16.00
y HOVKN);. HG ER H3llh'N !,P.PML'' CliON!'_ r`i_: .:'i.A 1'E DUC FEE -- $.ou
This Memorandum of Agreement and Notice is made and entered into this 5th day of April,
1999 by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter
referred to as the "City", and F.C. Timberline Development, LLC, a Limited Liability Company,
hereinafter referred to as the "Owner".
The Owner has executed certain documents pertaining to a development which has been
approved by the City, which development was named and is known as Harmony Centre PUD Pad
6. The said documents create certain rights and obligations of the development, the Developer
and/or subsequent owners of all or portions of the development site, many of which obligations
constitute promises and covenants which run with the land. The said documents include, without
limitation, those listed below and arc on file in the office of the Clerk of the City of Fort Collins and
should be closely examined by all persons interested in purchasing any portion of the development
site. The said documents include the following:
9 Site .and Landscape Covenants dated: April 5, 1999
9 Final Site Plan dated: April 5, 1999
9 Final Landscape Plan dated: April 5, 1999
9 Architectural Elevations dated: April 5, 1999
The development site is more particularly described as follows:
Harmony Centre — Pad 6
A PORTION OF A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 56, TOWNSHIP 7 NORTI I, RANGE 69 WEST OF THE 6"' P.M., CITY OF
FOR,r COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
(see attached legal description — Exhibit A)