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HomeMy WebLinkAboutCOUNTRY CLUB CORNERS PUD - Filed OA-OTHER AGREEMENTS - 2003-07-07A G R E E M E N T J,4 This agreement is entered into this znAj day of d�4, 1992, by and between Capital Ventures Development I, Fort Collins Limited Partnership, an Illinois limited partnership, (hereinafter referred to as "Capital Ventures"), and Union Colony Bank, (hereinafter "Union Colony"). On August 1, 1991, Capital Ventures deeded to Union Colony a grant of easement (the "Grant of Easement") and a temporary grant of easement (the "Temporary Grant"). Said Grant of Easement was recorded August 7, 1991, at Reception No. 91036862 of the records of the Clerk and Recorder of Larimer County, Colorado, and said Temporary Grant was recorded on the same date at Reception No. 91036863. Capital Ventures has requested Union Colony to sign the plat of Country Corners, P.U.D. (the "Plat"). The easement granted by the Grant of Easement is shown as tracts A and B on such plat. The easement granted by the Temporary Grant is located within that area described as Lot 1 on such Plat. The parties to this agreement acknowledge that the improvements necessary for utilization of the nonexclusive easement for ingress and egress (the "Grant of Easement") from North College Avenue have not yet been installed and the Temporary Grant has therefore not yet terminated. The Temporary Grant shall not terminate until such time as the improvements necessary to utilize tract A for ingress and egress from North College Avenue have been installed or Union Colony has, in writing, acknowledged termination of such Temporary Grant. Dated: ,j ,,,--,-,�- /7 , 1992. CAPITAL VENTURES DEVELOPMENT I, Fort Collins Limited Partne ip By: Ca it 1 Ventures Develop By: c 2 General Partn UNIO COLONY BANK STATE OF COLORADO COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ►s- day of Juti.1- , 1992, by Capital Ventures Development I, Fort Collins Limited Partnership, an Illinois limited partnership, by �; f�SZ U/n�D t�i,)ry w,.} Gf /�ii,�Y l'� its Witness my hand and official seal. My commission expires: Rotary Public STATE OF COLORADO COUNTY OF LARIMER Th fo egoing i trument was know ge fore this sn'►d day f 1 92, by n11 the . %4� �r of Uion Co n Bank. ness my hana and official seiAl. ommission expires: . /D . QS V �.O .io Notdry Public cc ;Cj ro, LAND USE SUMMARY Gross Site Area: 19.463 Ac. 847,808 Sq. Ft. 100.0% Right -of -Way: .150 Ac. 6,534 Sq. Ft. .80% (Dedicated By This PUD) Net Site Area: 19.313 Ac. 841,274 Sq. Ft. 99.2% Phase I Site Development Total Developed Area: 11.093 Ac. Parking & Vehicular Drives: 7.03 Ac. Building Coveage 1.897 Ac. Pedestrian & Plaza :Pavement: .90 Ac. Landscape & Opens -pace: 1.266 Ac. Floor Area Ratio: 5.85:1 Parking Provided: 522,415 Sq. Ft. 56.99% 306,158 Sq. Ft. 36.11% 82,665 Sq. Ft. 9.75% 39,138 Sq. Ft. 4.61% 55,182 Sq. Ft. 6.5 % o Standard Spaces 1Ox20 o Handicap Spaces 10x20 W/6' Pedestrial Isle Total Spaces Provided Parking Provided Per 1000 Sq. Ft. of Building Area 408 Spaces 17 Spaces 425 Spaces 5.14/1000 Sq. Ft. RATIFICATION AND CONSENT TO PLAT The undersigned, being the holder of that certain deed of trust dated May 26, 1989, and recorded on May 30, 1989, at reception no. 89023682 in the records of the Clerk and Recorder of Larimer County, Colorado, consents to the plat of COUNTRY CLUB CORNERS, PUD, which plat was previously executed to by the United Bank of Fort Collins, N.A., on November 13, 1991, which was the holder of the referenced deed of trust at the time it executed the plat. DATED: �-� ct 1C, M CrC MAYFLOWER C,:APITAL COMPANY 3300 East Firt Av #4�0 Denver, Cerra_. 8 By: f Ti le STATE OF COLORADO ) 0-,-ry A&) 0 ss COUNTY OF _) V c� ) The foregoing instrument was acknowledged before me this J� day of �k L) , 1992, by P\AAao-\\ g. as S -on -- of Mayflower Capital Coihpany. WITNESS my hand and official seal. My commission expires: No ary Public CITY OF F0�4T COLL; LIMITED POPPER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Capital Ventures Development I, Fort Collins Limited Partnership, of the County of Larimer, State of Colorado, reposing special trust and confidence in J. Brad March of the County of Larimer, State of Colorado, hereby makes,, constitutes and appoints, and by these presents does make, constitute and appoint the said J. Brad March as its true and lawful Attorney for it and in i�me, place and stead, for its sole benefit to sign documents r to the acquisition of access permits for property owned by it in and around the City of Fort Collins, Colorado. Hereby giving and granting unto said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in conjunction with the acquisition of such access permits, with full power of revocation, hereby ratifying and confirming all that said Attorney shall lawfully do or cause to be done by virtue of this Power of Attorney. IN WITNESS WHEREOF, the undersigned has signed this Power of Attorney this ;?-6-'�hday of August, 1992. CAPITAL VENTURES DEVELOPMENT 1, FORT COLLINS LIMITED PARTNERSHIP By: CAPITAL VENTURES DEVELOPMENT I, AN ILLINOIS CORPORA T N By. Harry Gi9tis, P sident STATE OF COLORADO ) ss. CO` liTY OF LA:RIMER ) The foregoing instrument .was acknowledged before me this 90 h day of August, 1992, by Capital Ventures Development I, Fort Collins Limited Partnership by Harry Giotis, President of Capital Ventures Development I, an Illinois Corporation. Witness my hand and official 4gjnW... My commission expires: aT "OFFICIAL SEAL' HLEEN A. ANZALONH e Notary Public .f-,. i .i iuii_i X) ocnc 704- OnO T 7C'!7T CT—Rn—P.PPT SH No/MP/Side: 287/348.131/ri ght COLORADO DEPARTMENT OF TRANSPORTATION Local jurisdietion:Ci ty of Ft. Collin /04 STATE HIGHWAY ACCESS PERMIT Dist/Secti it No.: 4951C14/03 DOT Permit No.: 495173 TIInI IT: Cry Srwies ',betw�m 8-8:30 AM/4-4:30 PM) Permit Fee: $0.00 (970) 493-1463 Date of Transmittal: 12/06/95 THE PERMITTEE; Albertson's Inc. Ph. # (303) 338 - 9026 10065 E. Harvard Avenue #805 1 Denver, CO 80231 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. Th6 permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: Access is to be located on State Highway 287 a distance of 680 feet south of Willox Lane on the east (right) side. The access is an existing full turn access that is being reconstructed to right-in/right-out only by the construction of a "pork chop" type median. ACCESS TO PROVIDE SERVICE TO: A 51,034 s.f. grocery store and 31,631 s.f. of future retail OTHER TERMS AND CONDITIONS: I. This permit is only for the use and purpose stated in the Application and Permit. A change in use of the property which results in a change in the type of driveway operation may require reconstruction, relocation, or conformance of the driveway to the State Highway Access Code. 2) Access is limited to right-in/right-out only (construction of "pork chop" island) 3) Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within 2 years due to improper construction or material specifications the permittee is responsible for all repairs. 4) See Exhibit "B" - 2 sheets: grading plan, signing and striping plan 5) Traffic study for CDOT permit file only *** SEE DESIGN ATTACHMENT EXHIBIT "A" *** MUNICIPALITY OR COUNTY APPROVAL Required only hen e appro ,riateJocal authority retai i iss ing authority. By (X� Date S Title B I I Upon the signing of this permit the a ittee agrees to the terms and conditions and refer nced attachments contained herein. All construction shall', be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify City of Ft. Collins - Inspection Division with the DaveStringer at (g7n) 221 - 660S 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 autho6y to accept t e permit and all it's terms and conditions. Permittee (X) i1 Date G zc�P-��1e F-0)Z-,7,C,0(-bJ S L.P. This permit is not valid until signed by a duly authorized representative of the Department. DEPARTMENT OF T NSPORTATION , STATE OF COLORADO By ( 4, Date ) Title (I ate 6f issue) COPY DISTRIBUTION: Required; Make copies as necessary for; 1. Distric, (Original) Local Authority Inspector 2. Applicant MTCE Patrol Traffic Engineer 3. Staff ROW Previous Editions are Obsolete and will not be used CDOT Form #101 7/91 The following paragraph are perunent highlights of the State Highway Access . Je. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local Issuins authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours priorto construction. A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the perrnittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and add tions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a mannerthat shall not cause water to enter onto the roadway, and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes in use and violations 1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may obtain a court order tD halt the violation. Such access permits may be revoked by the issuing authority. IV Further Information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for _ improvement. Denial does not revoke the existing access. 2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the hiyhway drainage system, including those culverts underthe access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. EXHIBIT "A" 1. The access shall be reconstructed with a 10 foot wide median (back of curb to back of curb) with a 16 foot wide (lip of gutter to lip of gutter) driveway lane on either side. The median will be constructed with 60 foot radii as shown on Exhibit "B" to limit turns in and out of the driveway to right-in/right-out. The driveway entrance and exit will be constructed with 40 foot radii as shown on Exhibit "B". 2. The access shall be surfaced immediately upon the completion of earthwork construction and prior to use of the access. 3. Driveway surfacing shall consist of 8" concrete, per the City of Fort Collins Design Criteria and Standards for Streets, within the highway right-of-way to the property line as :shown on Exhibit "B". Patching of the existing asphalt shall be done to City of Fort Collins Standards for major arterial streets. 4. The right-in/right-out driveway access shall be provided as shown on Exhibit "B" which includes dimensions and spot elevations for the driveway entrance and median. S. The access shall be constructed and maintained in a manner that shall not interfere with the drainage system in the right -of --way. Drainage to the State Highway right-of-way shall not exceed the historical rate of flow. 6. Access Profile - The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope away from the highway at a 20 grade to ensure proper drainage to the crosspan. 7. The horizontal axis of the drive way shall be at a right angle to the centerline of the highway. 8. Construct handicap access ramps at the intersection of sidewalks and curbs as shown on Exhibit "B". 9. If frost is present in the subgrade, no surfacing material shall be placed until all frost is gone or removed. 10. Permitter=_ is responsible for any utilities disrupted by the construction of this access and all expenses incurred for their repair. 11. Survey markers present must be preserved in their original positions. Notify (970) 350-2173 immediately upon discovery of any such markers at the site of access. 12. A COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB SITE 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. SH No/MP/Side: 287/348. 127/rig OLORADO DEPARTMLINT OF TRANSPORTATION Local Jurisdiction: Ft . Coll ins Dist/Section/Patrol: 04/01/02 PATE HIGHWAY ACCESS PERMIT DOT Permit ND.: 492040 Permit Fee: N/A Date of Transmittal: 08 19 92 THE PERMITTEE; Capital Venture Development I 1930 N. Thoreau Dr. Unit 200 Schaunburg, IL 60173 Phone: (708) 893-0090 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. Thfs permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: Access is to be located on State Highway 287, a distance of 700 feet south of Willox Lane on the right/east side. ACCESS TO PROVIDE SERVICE TO: A 2,740 square foot fast food restaurant and an existing 8,075 square foot bank. OTHER TERMS AND CONDITIONS: 1. This permit is only for the use and purpose stated in the Application and Permit. A change in use of the property which results in a change in the type of driveway operation may require reconstruction, relocation, or conformance of the driveway to the Access Code. 2. Left turn movements in and out of the driveway will be prohibited at some future date. 3. Reconstruction or improvements to the access may be required when the Permittee has failed to meet required specifications of design and materials. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all repairs. *** SEE DESIGN ATTACHMENT EXHIBIT "A" *** MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. y XDate ��/ 22� —Title j Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify City of Fort Collins — Engineering vA t~tt'{ti16 cFixRi'~ A KtTdM ii T n G p a r• t- i on 1l i v i a i n n at —( 3 0 3) 2 21- 6 7 5 0 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 hav II >{ ty�o aFce the per Ian all it's terms nd cpn�tigps. Permittee (X) // �� '� J/�'� G �J � Date g z This permit is not valid until signed by a duly authorized representative of the Department. DEPARTMENT OF TRANSPO ON, STATE OF COLORADO By (X — Date e /9 11?—'_ Title (Date of issue) COPY DISTRIBUTION: Required, Make copies as necessary for; rrewous tamons are Obsolete gnu will r— vc ­6 1. District (Original) Local Authority Inspector CDOT Form #101 2. Applicant MTCE Patrol Traffic Engineer 7/91 1 c,.ff anw The following paragraph are pertinr "Ighlights of the State Highway Access Cod -hese are provided for your conveniF but do not alleviate compliance with ., sections of the Access Code. A copy of the ,te Highway Access Code is availat from your local issuing authority (local government) or the Colorado Department of Transportation (Department). Whet permit was issued, the Issuing authority made its decision based in part on information submitted by the applicant, on access category which is assigned to the highway, what alternative access to other public roads and streets is availab safety and design standards. Changes in use or design not approved by the permit or the issuing authority may taus revocation or suspension of the permit. I Appeals 1 Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any corn munications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision tothe Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the Iotal issuing authority when it is the appropriate local authority (under subsection 2A), shall be filed with the local authority and be consistent with the appeal procedures of the Iota! authority. 5. If the final action is not further appealed, the Department or Iotal authority may record the decision with the County Clerk and Recorder. 11 Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at !east 48 hours prior to construction. A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site. If necessary. minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manua! on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes in use and violations 1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit; it may decide it is adequate or request that you apply fora new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information 1. When the permit holder wishes to make improvements to an existing lega! access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee, his he rs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts underthe access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June,30, 1979, may be required by the'Department, with written concurrence of the appropriate !ocal authority, to be reconstructed or relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway. operation; or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code.