Loading...
HomeMy WebLinkAboutRAISING CANES - Filed GC-GENERAL CORRESPONDENCE - 2005-03-02February 3, 2004 Ted Shepard City of Fort Collins 281 North College Avenue P.O. Box 580 Fort Collins, CO 80521-0580 RE: Raising Cane's Dear Ted: The Raising Cane's PDP is proposed to be located on College Avenue between Spring Creek Trail and Rutgers Drive, directly south of Enterprise Rental Car. The 1.53-acre site is zoned C- Commercial. The Mister Money Pawn Shop had existed on the site previously, but was destroyed during last spring's record snowstorm. The applicant is proposing to develop a 3,533 square foot, fast food restaurant with drive- thru service. Todd Graves has created the first Raising Cane's Chicken Fingers restaurants in Louisiana. His concept originated when he noticed the popularity of chicken fingers at a wide range of restaurants and saw a niche for `someone who could do chicken fingers and sauce better than anyone else, served with speed and convenience.' Raising Cane's prides itself on freshness. The chicken is marinated for 24 hours, then battered and seasoned by hand. The restaurant's namesake and mascot is Grave's yellow Labrador retriever, Raising Cane. Primary access to the site is from College Avenue with a right -in only located south of the building and a right -out only located north of the building. A secondary point of access will connect the project site to Dartmouth Drive at the northeast corner of the property. Pedestrian and bike access will be available from both College Avenue and Dartmouth Drive. A total of 52 parking spaces are provided south and east of the building. The drive-thru lane provides stacking space for 9 cars. An outdoor dining area is located on the southwest side of the building inviting customers to enjoy their meal outdoors. The Raising Cane's architecture will be adapted and modified to meet City Code requirements. The exterior finishes will include stucco and brick in earth tones, with metal awnings. The overall style lends a unique identity for the restaurant with an atmosphere of fun. TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 449668 C-5 SCHEDULE B - Continued EXCEPTIONS 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded February 24, 1882 in Book 32 at Page 389. 8. Right of way for road as disclosed in Warranty Deed recorded November 15, 1902 in Book 173 at Page 37. 9. Right of way, whether in fee or easement only, for storm drain, as granted to Elmer C. Stevens and Esther S. Stevens by Lanoga Corp., recorded March 11, 1982 in Book 2158 at Page 504, affecting the following described property: As more particularly described in said instrument. 10. Right of way for Arthur Ditch over the Northerly portion of subject property. 11. Right of way for South College Avenue over the Westerly portion of subject property. 12. Any and all Leases and Tenancies. Page 5 ISSUED By TRANSNATION TrrtE INSUP.A.NCE COMPANY COMMtTt iEN'r FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when coun- tersi.,ned by an Authorized Officer or Agent of the Company_ TRANSNATION TITLE INSURANCE COMPANY .OF - Attest: ��tE INS q 4A �QQ ,O�G /�. '2 \N�OIP0441D III V �n �� By: � � Sfli Id, 1991 2� Secretary �� President �O 4RIZONp i Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of theCompanyunderthisCommitmentshallbeonlytothenamedproposedInsuredandsuchpartiesincluded under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment - 1966 Cover Page Form 1004-248 ORIGINAL RAIl Lr'n. NI\'A)'I' Ron r_%k BRANDI8.JR. VK H %RD S. GA.} r Jm m) J. Jrol%sm 1) AA 11-1 ('. NIN I LI 13MAN R. IlioVh JOSIIC % B. Zuclsl l Hand Delivered City of Fort Collins Attn: Joe Frank, Head Director Advanced Planning 281 NorthCollege Fort Collins, CO 80521 MYATT BRANDES & GAST PROrr SSION.%L CORPOR�MO,A' ATTORSFI I AAD COLNSELORS AT LAIN C I OCKTOR'ERSQGARF 323SO( TI CODUA A%1.y'U E,St'llFI PORT COLLINS, COLORADo S0524-2845 August 3, 2004 Ref: Raising Cane's— Attorney Plat Certification Our File No. 2706-001 Dear Joe: TEI_EPIIOV (970)482-4846 PACSIM11111 (970)482-3018 FAT %11 .�JMIISOII a veTIIM com Our office represents Joshua DCmorltelle in connection with the Raising Cane's development located at 2104 South College Avenue, Fort Collins, Colorado. I understand that Greg Burn is out of the office this weer: and you are the acting Director as defined in Fort Collins Land Use Code Section 2.2.3(C) (thc "Code"). I am writing at the suggestion ofPaul Eckman and Marc Virata. This letter requests a %vaiver or modification of the requirement in Section 2.2.3(C)(3)(e) of the Code, or a determination of the amount of title insurance required pursuant to Section 2.2.3(C)(3)(i) in lieu of an attorney's plat certification. Our office is prepared to issue an Attorney's Certificate for the Raising Cane's Plat. In this regard, we have reviewed the development plat, the title insurance commitment effective July 13, 2004, issued by TransnationTitle Insurance Company, and an ALTA Survey Of the property dated October 27, 2003. Copies of these documents are enclosed for your review. Our question is focused on Title Exception No. 8 from Schedule B, which reads as follows: S. Rtght of wa-v jor road as disclosed in Warranty Deed recorded November 15, 1902 in Book 173 (it Page 37. A copy of the recorded Warranty Deed is also enclosed for your review. I hand wrote the possible location ofthe easement on the enclosed Plat. I ACP: Jh Dona.. "I": T,n( Po:,('.dl.:,x lu A..l 0"I", City of Fort Collins Attn: Joe Frank, Head Director Advanced Planning August 3, 2004 Page 2 The Warranty Deed purports to reserve a road easement twenty feet (20') in width.t The location of this road reservation is uncertain. The title company believes the easement impacts the property and, thus, has listed it in Schedule B as an exception to the title insurance. Our review of the enclosed casement concludes that the easement may be located on the property running parallel to the southern property boundary. However, the surveyor who prepared the ALTA Survey did not include the easement on the ALTA survey or the plat as impacting the property, and recently affirmed his conclusion that the Deed is ambiguous and, therefore, incapable of platting. If our office's interpretation of the easement location is correct, the easement encroaches 11.2 feet into the property along the entire southern boundary. The southern boundary of the property is physically supported by an eight foot (S') vertical retaining wall. Thus if the easement is on this property, the retaining wall splits the easement with 11.2 feet located on this property, and the remaining 8.2 feet located on an adjoining parcel of land with an elevation eight feet (S') higher. In addition, any easement would originate within the South College Avenue right of way and continue west into what f believe is an existing apartment building and a developed neighborhood. It -this casement exists, it apparently has not been used for years. Pursuant to the Code, the Director may waive or modifythe requirements ofsubsection (e) upon a clear and convincing showing by the applicant that such Nvaiver or modification will not result in any detriment to the public good, and will not result in any harm to the health, safety or general wel fare of the City and its citizens. The applicant respectfully submits that a waiver or a modification ofsubsection (e) is appropriate regarding this purported casement. First, if such road exists, it apparently has not been used for decades. Any future use is highly impractical since it originates in the South College Avenue right-of-way, straddles an tight foot (S') vertical retaining wall, continues through existing building structures into an established ncighhorhood. Second, it is even possible to argue that the easement does not exist Iliven that the surveyor's interpretation in preparing the ALTA Survey. It is also possible to argue abandonment. Finally, if the easement does exist, its location does not negatively impact the property. The casement would cross the additional South College Avenue right-of-way dedication, the fiftcai foot (I5') utility easement and the drainage easement as depicted on the Plat. The casement in no way impacts the twenty foot (20') emergency access easement located ' While Paul Hekman has not revimed this Deed. Paul and I discussed by phone whether the road reservation was an casement or fee ownership. 1 believe it is clearly an easement and subject to a request for a waiver or modification under section (c). City of Fort Collins Attn: Joe Frank, Head Director Advanced Planning August 3, 2004 Page 3 on the northern portion of the platted property. The applicant submits that this easement has no practical on the property and will not injure the public. The applicant requests that the City waive the attorney certification concerning Section 2.2.3(C)(3)(c), or modify such certification to exclude item number S from Schedule B of the Title Commitment. If such modification or waiver is denied, the applicant requests that the City determine the amount of title insurance required pursuant to subsection (i) in lieu of an attorney certification. The applicant desires to complete the review process and obtain a building permit as soon as possible. I would appreciate your review and consideration of this matter at your earliest convenience. I am available for your questions and comments. Very truly yours, MYATT BRANDES & GAST PC JJJ/bdz Enclosures cc: Paul Eckman (via hand delivery with enclosures) Marc Virata (via hand delivery with enclosures) Brad Sanders, Raising Cane's (via e-mail) Chris Parton, Northern Engineering (via U.S. Mail without enclosures) AUG-30-2004 07:52AM FROM -ANT +9703502198 T-030 P.002 F-558 REQUIRED PROVIDED COVER SHEET REQUIREMENTS 1. Vicinity Map 2. Index of Sheets 3. Signature block and disclaimer; REVIEWED BY DATE CDOT Region Access Manager Review does not constitute "approval' of plans. Permittee is responsible for accuracy and completeness of plans. 4. General notes may also appear SHEET 2 OF PLANS 1. Standard Plans List (M&S Standards -October 2000). Include any revised Standards in the access design plans, and mark the Plans List to indicate the revision date. PLAN REQUIREMENTS/GENERAL NOTES 1. Include notes: "All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection improvement(s) within the State Highway ROW (existing and any portions dedicated with this access permit) shall be in accordance with the following Department standard references as applicable. A. State Highway Access Code, 2 CCR 601-1 B. Roadway Design Manual C. Materials Manual b. Construction Manual E. Standard Specifications for Road and Bridge Construction, latest edition F. Applicable pre -date Special Provisions G. Standard Plan (M&S Standards) H. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto I. A policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition J. AASHTO Roadside Design Guide K. Institute of Transportation Engineer's Trip Generation Manual, 6 h edition" Post -it'' Fax Note 7671 (Date Co. of✓'i'/7fC���. a.- Phone 4 AUG-30-2004 07:52AM FROM-ADVT +9703502198 T-030 P.003/009 F-558 REQUIRED PROVIDED Please note that some of the reference materials listed above (A thru E) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, CO 80222-3400 (303)757-9313 The State Highway Access Code may be purchased from: The Public Records Corporation 1666 Lafayette Street PO Box 18186 Denver, CO 80218 (303)832-8262 or provided upon request by Tess Jones-(970) 350-2163 or Gloria Hice-Idler-(970) 350- 2148. The website address is: www.dot.state.co.us/business/accessmgtt 2. "Access construction within highway ROW and all highway improvements shall comply with complete Access Permit and Notice to Proceed (NTP). A copy of that Permit and NTP shall be available on the construction site at all times. The expense of all features and roadway improvements shall be borne by the Permittee at no cost to CDOT. All changes as shown on the plans shall be completed by the Permittee, including final signing and striping." 3. "A Colorado registered professional engineer employed by the Permittee shall certify R- materials testing. One signed copy of all materials test results and certification of the value of subgrade and embankment within the highway ROW shall be provided to the Access Manager within two weeks of construction activity. 'Upon completion of the access improvements, certification of materials and construction shall be provided to the Access Manager." (See Sheet 14a for form. The Certification of Materials and Construction form shall be provided to the Access Inspector prior to final acceptance.) / V 4. "The Permittee shall coordinate with the Region Access Inspector, Linda X McWilliams, to obtain approval of an acceptable asphalt/concrete mix design." 5. "Proof rolling is recommended as an indicator of proper preparation of subgrade prior to paving. Proof -rolling shall not substitute for standard material testing." 6. "THE PROJECT SHALL BE COMPLETED DURING A SINGLE CONSTRUCTION SEASON AND ALL ACTIVITIES WITHIN THE CDOT ROW ARE TO BE COMPLETED WITHIN A 45 DAY TIMEFRAIVM." AUG-30-2004 07:52AM FROM-ADMT +9T03502198 T-030 P.004/009 F-558 REQUIRED PROVIDED 7. "Construction shall not begin in the state highway right-of-way without acceptable Construction Traffic Control Plan (CTCP) and Methods for Handling Traffic (MI117's) including all phases of construction. When construction will impact highway travel, the Permittee or their designee, shall submit CTCP and MHT's no less than two weeks prior to beginning said work to the Access Inspector, Linda McWilliams at (970) 350-2147, for review and acceptance. A copy of the accepted plan shall be available on site for review by CDOT personnel, and all traffic control activities shall conform to that plan. An emergency contact phone number for the TCS (traffic control supervisor) will be included with the plans" 8. "Permittee shall designate a certified Traffic Control Supervisor (TCS) to manage construction signage and safety of operations during activities within CDOT ROW. TCS shall be available whenever work is in progress." 9. "For concrete segments, the Permittee shall obtain approval of a site specific joint layout and joint detail from the Region Materials Engineer, Gary DeWitt, (970) 350- 2135, prior to construction." 10. "Permittee or contractor shall procure and maintain general public and auto liability, and property damage insurance covering the operation under this permit in the amounts specified in Section 23-10-114, C.R.S. Policies shall name the State of Colorado as additional insured party and shall include the name of the development/subdivision. Like coverage shall be furnished by or on behalf of any subcontractors. Certificates of insurance showing compliance with these provisions shall be provided and will be attached to and made a part of this permit." (A copy of the insurance policy shall be provided to the CDOT Access Manager for attachment to the Access Permit/Notice to Proceed prior to beginning any work within the highway ROW.) 11. "Development of this site and access construction shall not negatively impact other properties or the State Highway ROW. The historical drainage run-off rate shall not be exceeded by changes. All drainage issues shall be resolved prior to issuance of permit." 12. "No feature (i.e. landscaping or signs) shall impair required sight distance at any highway access." 13. "The highway ROW shall be visually inspected by CDOT for presence of archaeological, paleontological resources, threatened or endangered species, wetlands, and migratory bird nesting. If more detailed studies are needed to determine presence of these resources the cost will be home by the Permittee. CDOT must approve of the qualifications of the persons assigned to conduct the inspection. If the resource cannot he avoided then all costs associated with the mitigation and recovery will be home by the Permittee." AUG-30-2004 07:52AM FROM -ANT +9703502198 T-030 P.005/009 F-558 REQUIRED PROVIDED X_ 14. "Utility plans are not reviewed or authorized by the Access Staff and must be submitted to the Region Utility Office. The Permittee shall locate all utilities within the existing ROW and any area which may be effected by access or roadway improvements. Plans shall conform to Section 2.3(11)(0 of the State Highway Access Code. The Permittee shall contact the Region Utility Office, (970) 350-2158 " 15. "It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency prior to commencing workto commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained from CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at http://www.dot_state.co.us/Qnviro=ental/Forms/ash. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as : wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing.drains, water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including stormwater discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permist from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: ht�://www.cdphe.state-co.us/wq/PennitsUnit/wgcdpmt.html//www.cdphe.state-co.us/wg/PermitsUnit/wgcdpmt.html." 16. " As -Built structure plans shall be provided to the Access Manager upon completion of access." 17. "Shouldering shall be performed along the roadway throughout the extent of any paving work that alters the elevation of the pavement in relation to the adjacent side slope." (See Exhibit 14b.) AUG-30-2004 07:52AM FROM-ADVT +9T03502198 T-030 P.008/009 F-558 REQUMM PROVIDED 18. "Landscaping within or near the State Highway ROW may require the Permittec to obtain a CDOT Landscaping Permit from the Maintenance Section. The access permit does not authorize that activity, although a proposed landscaping plan shall be included in the access permit document. Irrigation of features within or near the ROW may require the Permittee to install a subsurface drain in accordance m CDOT St dard M-605-1 or other a rove s ste The Permittee shall contact�o.\p_ at the C, Maintenance Office, _ �b 1 AL to review the plan and to obtain the Landscaping Permit." 19. "Using Exhibit 14c, select most reasonable seed mixture for site conditions and place on notes." 20. "All certifications, materials test reports, and any required "As Built" plans shall be provided to the Access Inspector prior to final acceptance. Those documents will be incorporated in the permit file." TYPICAL SECTION The following features shall be clearly indicated on the typical section: 1. Sub -excavation maybe required to ensure top T of subgrade within the roadway template meets the minimum R-value of 40. All embankment within the proposed ROW shall have a minimum R value of 25 and 40 as shown on diagram. (See Sheet 14d and special note. Adjust as necessary.) 2. Existing pavement and base course thickness of state highway thru lanes and shoulders. 3. Necessary removal of pavement/base course to insure roadway stability per discussion with the Access Manager. 4. Aggregate classification (i.e. ABC Class ) and thickness S. Asphalt (no full depth asphalt allowed) Note: Superpave mix required. Grading for each lift Thickness total in inches Thickness per lift in inches Other requirements (rubberized, etc.) 6. Concrete Class Thickness in inches 7. Milling of asphalt adjacent to the gutter lip to accommodate roadway overlay, for feet from gutter lip. The design objectives of the landscape plan include street tree plantings, foundation plantings, general building enhancement, shade for parking and visual screening of parking and services areas. In addition, plant material is selected to provide seasonal interest, and xeriscape principles are used throughout the design to conserve water. Plant material with adequate height and density will be used along the east side of the lot to screen headlights from the adjacent residential apartments. The design will also enhance the outdoor dining area with planting, including ornamental trees. We believe the project will be a welcome addition to Fort Collins and will dramatically improve the College Avenue streetscape in this area. We look forward to the development review process. Please call if you have any questions. AUG-30-2004 07:52AM FROM-ADM7 +9703502198 T-030 P,007/009 F-558 kEOUMM PROVIDED 8. Side slopes shall conform to Section 4.9(8). 9. 4" topsoil required Include notes. 1. "highway widening shall be constructed to ensure subgrade with minimum 40 R- value for top 2' (sub -excavation is required as necessary). All remaining fill within ROW shall have a minimum R-value of 25. Certificate of R-value shall be provided to the Access Inspector prior to final acceptance." (See Sheet 14d and special note. Adjust as necessary.) 2. When NO overlay is required: "At locations where new asphalt is to abut existing asphalt, saw cut the existing pavement a minimum of 1 foot back from the existing edge, or at such location that an acceptable existing cross slope is achieved, and at a location that will fall on a lane line or at the center of a lane. Mill to establish sheer step as shown on Sheet 14d. Tack prior to paving." 3. When overlay IS required: "At locations where new asphalt is to abut existing asphalt, saw cut the existing pavement 1 foot back from the existing edge and remove pavement. Tack exposed vertical asphalt edge prior to paving. Prior to overlay, the existing pavement at the overlay tie-ins shall be milled to a depth of 2" and tapered to 0" over a distance of 50' from the tie-in to provide a smooth transition from the overlay to the existing pavement." 4. "Break point on slopes and in bottoms of ditches shall be rounded during construction for a pleasing appearance." ACCESS AND HIGHWAY PLANfP ROFiLE Plans shall detail the following: 1. A Warranty Deed for additional state highway right-of-way shall be provided and recorded. Even though right-of-way may have been platted, ibis document is still required. (See Sheet 14e.) 2. Plans shall include ADA conforming curb ramps (truncated domes). They shall be required on all access projects where pedestrian facilities exist or are being developed. Follow CDOT Standard Plan M-608-1, dated October 29, 2003. 3. Use standard line types and conventions per STANDARD SYMBOLS, Standard M- 100-1. 4. Show proposed access and property limits. AUG-30-2004 07:52AM FROM -ANT +9703502198 T-030 P.008/009 F-558 REQUnlED PROMED 5. Are access turning movements limited? Is physical prohibition of access chan turning movements required? If nelization island required, refer to Section 4.6(9) and contact the Access Manager to discuss specific requirements. 6. Show all accesses within project limits. Include all adjacent accesses and those located across the highway which fall within or near the work area 7. Address any wetland impacts with the Access Manager in early planning stages. Mitigation measures or design waivers may result. Mitigation costs shall be bome by the Pennittee. 8. Show existing mailboxes and require reset in accordance with M-210-1. 9. Identify clear zone obstructions which might hinder standard roadway design. Propose appropriate mitigation or desired design waiver. Refer to the State Highway Access Code, Section 4.9.(14) and AASHTO Roadside Design guide. 10. Do rumble strips exist? Define mitigation measures and limits. (See sheet 14f for options.) 11. Access profile adequate to define grade beyond CDOT ROW for a minimum 100'. Refer to the State Highway Access Code, Section 4.9(2). X 12. Access width excluding curb and gutter. T ` 13. Angle of access as it leaves the highway. 14. Plot design vehicle turning template. Show in a plan detail to insure proper radii and lane widths. If access includes channelization islands, plot shall be provided to the Access Manager. Design vehicle is 15. Radii. 16. Assign stationing for entire length of project. Label length and use of auxiliary lane features, and length and ratio of redirects. 17. If dual left lanes are required, provide 18' throat width for receiving lanes through the turning radius. If constrained provide 15 feet as a minimum. If dual or triple left lanes are planned, note minimum clearance as shown on current edition of S-627-1. AUG-30-2004 07:53AM FROM -ANT REQUIRED PROVIDED +9703502198 T-030 P.009/009 F-558 14, The Permittee shall provide by certified mail, a narrative, with plan and profile to access owners affected by auxiliary lanes, striping, or other access changes. The narrative shall include a signature line acknowledging agreement with the proposed plan. A package of those letters shall be provided with the application to be included in the permit file. / Include notes: 1. "Placement and installation of all new, reset, and relocated signs shall be in accordance with S-614.1 and S-614-2." 2. "Install new delineators as per Standard S-612-1." 3. "All sign posts shall be galvanized tubular steel." 4. "The Contractor shall contact Rich Cutler, Signing and Striping Foreman at (970) 353-9991, at least two weeks prior to scheduled striping. If the Permittee's contractor fails to review the signing and striping with CDOT, the Permittee wi11 be responsible for any corrections required upon final inspection of the access." S. "Prior to striping, the Contractor shall prepare the pavement surface for proper adhesion." 6. "Application of striping to concrete requires sandblasting of curing compound." 7. "All lane stripes shall be applied with epoxy pavement marking (minimum of 15 mils.)" asphalt surface concrete surface 8. "All stop ban and pedestrian cross walks within the ROW shall be preformed thermoplastic pavement marking when applied to existing asphalt or preformed plastic inlaid when applied to new asphalt. (Stop ban shall be 24" wide, 90 mils.)" 9. "ALL WORDS, ARROWS, AND SYMBOL markings within the right-of-way shall be preformed thermoplastic pavement marking or preformed plastic inlaid in hot asphalt. All letters, arrows, and symbols shall be in conformance with the "Standard Alphabet for Highway Signs and Pavement Markings" adopted by the Federal Highway Administration (arrows=15.5 sq. ft., ONLY=22.5 sq, ft., 90 mils)." 10. "Pedestrian facilities at public intersections shall included continental crosswalks (12"x 10') and 24" stop bars." 11. "Removal of existing pavement markings shall be accomplished by a method that does not materially damage the surface or texture of the pavement. The pavement markings shall be removed to the extent that they will not be visible under day or night conditions." 11 City Plan Principles and Policies achieved by the proposed plan include: PRINCIPLE LU-1: Growth within the city will promote a compact development pattern within a well-defined boundary. Policy LU-1.1 Compact Urban Form The project will be developed within a commercial zone (C), serving to infill an area currently surrounded by existing development. PRINCIPLE LU-2: The city will maintain and enhance its character and sense of place as defined by its neighborhoods, districts, corridors, and edges. Policy LU-2.1 City -Wide Structure Policy LU-2.2 Urban Design With the corridor of College Avenue growing in activity, this infill project will enhance the urban character of this area, adding a convenient fast food restaurant specializing in white meat to the surrounding commercial identity, and therefore fitting into the City Structure Plan. PRINCIPLE T-1: The physical organization of the city will be supported by a framework of transportation alternatives that maximizes access and mobility throughout the city, while reducing dependence upon the private automobile. Policy T-1.1 Land Use Patterns Policy T-1.3 Street Design Criteria Raising Cane's will have very close proximity to stops along a major transfort route, a major traffic spine, as well as local street access for cyclists, pedestrians, and nearby neighborhood residents. PRINCIPLE T-5: The City will acknowledge pedestrian travel as a viable transportation mode and elevate it in importance to be in balance with all other modes. Direct pedestrian connections will be provided and encouraged from place of residence to transit, schools, activity centers, work and public facilities. Policy T-5.2 Connections Raising Cane's will have sidewalks and drives clearly laid out in regard to entrances and streets connecting for all of pedestrians, cyclists and vehicles. PRINCIPLE T-7: The City will encourage the development of comfortable and attractive pedestrian facilities and settings to create an interesting pedestrian network. Policy T-7.1 Pedestrian facilities The Raising Cane's project will enhance the urban pedestrian atmosphere along College and also Dartmouth with walks and streetscape landscaping. PRINCIPLE CAD-4: Security and crime prevention will continue to be important factors in urban design. Policy CAD-4.2 Lighting and Landscaping Lighting and landscaping will be designed to promote security and comfortable area -wide visibility. PRINCIPLE ENV-1: Continually improve Fort Collins' air quality as the city grows. Policy ENV-1.21 Land -Use The project proposes a restaurant convenient for the use of both those who live and who work in the nearby area. Principle ENV-3: Drinking water provided by the City's Water Utility will meet or exceed customer expectations for quality, quantity, and reliability. Water conservation will be strongly encouraged. Policy ENV-3.3 Water Demand Management Policy The landscape plan for the project will utilize the following xeriscape principles: Plant material with low to moderate water requirements Limited turf areas Effective use of soil amendments An efficient irrigation system Appropriate maintenance PRINCIPLE GM-8: The City will promote compatible infill development in targeted areas within the Community Growth Management Area boundary. Policy GM-8.2 Incentives Policy GM-8.3 Development Review System Since this is an infill project the client and consultants hope that the City would give this treatment to this project. TRANSNATION TITLE INSURANCE COMPANY Order No. 449668 C-5 July 30, 2004 Myatt Brandes & Gast, P.C. Attn: Jeff Johnson/Barbara 323 South College Ave. Suite 1 Fort Collins CO 80524 RE: Joshua W. Demoruelle and/or assigns./Timberline Tech Center, LTD 2104 S. Collage This revised commitment reflects changes to the following items: Effective Date Exceptions: We are pleased to have the opportunity to be of service. NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. If you have any questions or changes, please contact Cheryl at 970-225-8507 Fax: 970.226.6527 3000 S. College Avenue Suite 110, Fort Collins, CO 80525 cc:Everitt Companies 3030 S. College Ave. Fort Collins, CO 80525 Attn:Lamere Transnation Title Insurance 3000 South College Suite 110 Fort Collins CO 80525 Attn: Cheryl Joshua Demoruelle 1212 S. Acadian Thruway Baton Rouge MA. 70806 Attn:Joshua TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No.: 449668 C-5 1. Effective Date: July 13, 2004 at 7:00 A. M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $ 625,000.00 $774.00 Proposed Insured: Joshua W. Demotuelle B. ALTA Loan Policy $ $ Proposed Insured: Tax Info Services $ 15.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Timberline Tech Center, Ltd., a Colorado Limited Partnership 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By MARY YOUNG Aut orize Signature Issued: July 30, 2004 MMY/mmy TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 449668 C-5 SCHEDULE A - Continued LEGAL DESCRIPTION That portion of the Southwest 1/4 of the Northwest 1/4 of Section 24, Township 7 North, Range 69 West of the 6th P.M., described as follows: Commencing at a point South 189 degrees 58 minutes East 30 feet and again North 0 degrees 7 minutes East 8.80 feet from the West 1/4 corner of Section 24, Township 7 North, Range 69 West, 6th P.M.; thence North 0 degrees 43 minutes West 196 feet; thence South 89 degrees 58 minutes East 252.5 feet; thence North 0 degrees 7 minutes East 140.4 feet to the Northerly line of Right of Way of the Arthur Ditch Company; thence South 60 degrees 09 minutes East 65.64 feet along said right of way line; thence South 0 degrees 7 minutes West 303.96 feet; thence North 89 degrees 45 minutes 30 seconds West 57 feet; thence North 89 degrees 58 minutes West 250 feet to the Point of Beginning, Except portion conveyed to the Department of Highways, recorded May 29, 1959 in Book 1093 at Page 353, County of Larimer, State of Colorado. Page TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 449668 C-5 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued., Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Deed from Timberline Tech Center, LTD, a Colorado Limited Partnership to Joshua W. Demoruelle. NOTE: Certificate of Limited Partnership, relating to Timberline Tech Center, LTD, a Colorado Limited Partnership, filed with the Secretary of State, discloses the following General Partners: Everitt Enterprises Limited Partnership No. 1 and Howard E. Smith Page TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 449668 C-5 SCHEDULE B EXCEPTIONS The policy or policies to .be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of,parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receiVt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4