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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 -n w 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* °7 Y%21t 4 X % T. r' nucnrrnm of =A M = laser 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 x`< • awes" Md distawa; South 4r 11' 3S" Mast. Feud W20120" Meat. 347.58 foots them". t3r1" Meat, lS.07 tact+ theama. South 13014103" Peat. a AM to the !Moot of &ROSSI". de"� d 4MSM N asnasrst oostaias 0.637 -, mete seat to all aaaa■eah ad rights -of -way am as f Yo4tavr "E' St o ff &%cMEN* AP&O DOMMON 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" soathwat porter of the vest line of the south belt of for southwest!. • d+!•' tan" of 870.19 feet] thsece N9'S5130"&- a �� a feet to for southwest 3 of Of s 0�ld f IMMd So eeld OWWW recettioe se. gS009SS3 0! or iresrs«� Is" at right-of-wov do"Catisa rue eedei 2�i. lM1tf ism records of said County. thoece `�� 16"L. _ bawd as Moo Amd is rso,t ~'Le• the south blue o! said Msoo1 : parcel of said Mint mda the �' 49 �es1s of Mil County. the south Lim of s•id pmal ! f�tya ro��l� 600g. 32.31, !hill tamme .: oint on the vast Lime of ft", feet. u • salt pwoul 39 !Mt � the raft live . ;„,.. The aMWe dimre• eeeai•s mys am jeer to@11raaats mod si�rw-. existist. ;< r .., .rya... 4 FvvtI0%t 2 17, it w U N I wnJ ^7,� � n �6R�"Qbt, lk•/S i��iM�t i4��r L7/S •'� '�. �i� 1 .tip ...'4.. _. _.. ... d5 N � 1 °V�P.x�;�rF I. w hJplpt�v V ,. R6Etsfnll ru _- - I�.n... Pp1RtCrM�FTll1 ' Res[nr>R,E yeM � liRl D,Lf to t � �r�►.��r `iGP lid411:_i2 5 XL AAT ie% Lt£R H.P�ENOfRC,AST _ _ d 9M A HA PAI+tERIv F�c.t.AK. ntA AacT. r. McLEAN TOHN A"ft) MCLEM Jo1N . PRENO£R6AST -► Yg BAABARh PA£Nk-46AS7 ranRye, P2{uP�edA I j 3l� • � 5 r� s w'!� / 10 Sr'' a �� t 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)