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HomeMy WebLinkAbout3.0 Conditions• Crcc1nxidovs 1-24-83 Terry L. Bowman Garfield County Planning 2014 Blake Av. Glenwood Springs, CO. 81601 Dear Miss Bowman: Enclosed is the highway access permit, legal discription and the school fee which should complete the requirements for the exemption application which we started last year. Please advise me what further steps I need to take to record this change. Seerely, , e. a) J e Carroll G. Wilson Hwy. 13 & 26th St. P.O. Box 1729 ,lq ELS 2 5 196'3 • ,,, Rifle, Colorado 81650 (303) 625-1644 Division of Highways DOH Form 101 Rev. August, 1981 The property owner, to construct an access approach on the side of State Highway , a distance of feet from milepost also known as , for the purpose of obtaining access to The access approach shall be constructed, maintained and used in accordance with the State Highway Access Code, the terms and conditions of this permit, site requirements noted below, and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access approach and its use violate any of the terms and conditions of this permit or the State Highway Access Code. The use of advance warning and construction signs, flashers, barricades and flagmen are required at all times during access approach construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The Department of Highways and its duly appointed agents and employees shall be held harmless against any action or damage sustained by reason of the exercise of this permit. SITE REQUIREMENTS and all expenses incurred for repair. 2. 1 ay damage to any existing J.Jighaav ahall be rer:-:irad prior to conti.na: other work. 3. Driveway shall be constructed 24 feat. wide with 4. Surfacing for driveway apT_;roaah is required as follows: fF, inches of class +i .. 5. Compaction of Sub -trade, embankments and backfill shall comply with Section 203.11 of the Division of Hicrhways Standard Specifications. 6. Iio drainage from this site shall enter onto the surface of the ''.i.ghw.avv. 7. The first 20 feet beyond the closest higi.way lane, including speed change lanes, sha;.i slope down and away from the highway at a 296 g1 :3 to ens -.;re proper drainage conti:cl. S.. Work shall :ELGIN . FT'Li-': 5:30 tz.MMa and all. eduigr-nt shall he off the roadway BEFORE 3:30 P.M. each day. 9. This permit is issued in acccr.dance with the Sta-...e h.ighw .- Adcess Code, and is based. upon the information s abmitted by the pe:cru ttee. Changes in trr f_:ic volun ;, drainage., type of traffic or other operational aspects may :fonder this perr.,,_i_'t void requirins a new permit to be issued 1Dasedaupon existing and anticipated future conditions. 10. Driveway to be constructer' 7..0 feet from adjoining pror:erty'1ine. State Highway No/MP• Local Jurisdiction MTCE Section/Patrol DOH Permit No Required Permit Fee• STATE DEPARTMENT OF HIGHWAYS PERMIT FOR ACCESS (herein called permittee) is granted permission Where the appropriate local authority retains issuing authority, local approval is required prior to approval by the State Department of Highways. MUNICIPALITY or COUNTY By(X) Date Title STATE OF COLORADO, DIVISION OF HIGHWAYS E.N. HAASE, CHIEF ENGINEER By(X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. A copy of this permit must be available at the construction site. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access approach shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify with the Colorado Department of Highways in at , at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing, access. f 1)/14 the permittee must be the owner or legal representative of the property served by the permitted Permittee(X) Datec17-- THIS PERMIT IS NOT VALID UNTIL STAMPED AND NUMBERED BY A DULY AUTHORIZED REPRESENTATIVE OF THE STATE DEPARTMENT OF HIGHWAYS. COPY DISTRIBUTION White, MTCE Section White, Applicant Canary, Local Jurisdiction Pink, MTCE Patrol File Canary, Inspector Pink, Traffic Eng. Goldenrod, Staff MTCE IMP THE FOLLOWING PARAGR HS WERE SELECTED FROM THE STATE HIGHWAY ACCESS CODE FOR YOUR INFORMATION. PLEASE READ THEM. THEY ARE TERMS AND CONDITIONS OF THE PERMIT. A COPY OF THE COMPLETE STATE HIGHWAY ACCESS CODE IS AVAILABLE FOR YOUR REVIEW AT YOUR ISSUING AUTHORITY OR THE STATE DEPARTMENT OF HIGHWAYS. 1. The permitted access approach shall be completed in accordance with the terms and conditions of the permit prior to being used. In accepting the permit, the applicant agrees to all terms and conditions of the permit. If the applicant does not agree to all the terms and conditions of the permit, the permit shall be deemed denied. • . te a..licant (1) choose to contest a permit application denied by the Department or (2) choose to contest any of the terms or conditions o t e . , .. so within 60 days of receipt of notice of denial or receipt of the approved permit. The applicant shall make his request for the hearing in w i _ _ • . the local engineering district office of the Department. The request shall include reasons the applicant is appealing the action and may inc u. - s b the applicant that would be acceptable to him. It is recommended the applicant pursue a request for a variance if he has not done so a rea. ,, . requesting a Highway Commission hearing. 3. The permit shall be deemed denied if the access approach is not under construction within one year of the permit issue date. A time extension, not to exceed one year for each extension, may be requested of the issuing authority in writing by the applicant prior to expiration of the permit. Denial of an extension may occur only when the issuing authority assertains and documents that unforeseen and significant changes in highway traffic operations or proposed access approach operation, have or will occur that were not accounted for in the issuing of the permit. 4. The applicant shall notify the individual or the office specified on his permit of the pending construction at (east 48 hours prior to construction in State Highway rights-of-way. The access approach shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the right-of-way. A construction -time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 5. The construction of the access approach and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the applicant except as provided below. 6. It is the responsibility of the owner of the property to ensure the use of the access approach to the property is not in violation of the code, permit terms and conditions, or the Act. The terms and conditions of the permit are binding upon all assigns, successors - in -interests and heirs. 7. When a permitted driveway is constructed or used in violation of the code, permit terms and conditions, or the Act, either the issuing authority or the Department or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or the Act. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of the Act, the access code, or the terms and conditions of the permit. 8. Reconstruction, relocation, or conformance with this code of any driveway, whether constructed before, on or after June 30, 1979, may be required by the Department with written concurrence of the appropriate local authority either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property or a change in the type of driveway operation or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the code. 9. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access approach with the permission of the issuing authority. The applicant shall make his request on standard permit application forms and specify that his request is for improvements per this subsection. Denial of the application for improvements does not constitute revoking the existing access approach authorization. 10. A request for variance from the standards of the access code shall be submitted to the issuing authority with a permit application and shall be considered an attachment to the permit application form. The request for the variance shall include specific and documented reasons for the request. 11. In the consideration of the variance request, the issuing authority shall determine to the best of its ability if the following circumstances are met: (1) there is exceptional and undue hardship on the applicant, (2) a variance would not be detrimental to the public health, welfare and safety, and (3) a variance is reasonably necessary for the convenience and welfare of the public. 12. At any time during the review by the issuing authority of the permit application the applicant may supplement his application with a variance request. 13. After sight distance requirements are met and an access permit issued, a sign structure or parked vehicle shall not be permitted where it will obstruct the required sight distance. 14. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed shall be turned over to the engineering district representative of the Department. 15. Where necessary to remove or relocate a state highway traffic control device for the construction of a permitted access approach, such relocation or removal shall be accomplished by the applicant at his expense and at the direction of the Department. Any damage to the state highway beyond that which is allowed in the permit shall be repaired immediately. 16. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be ordered by the Department field inspector to meet unanticipated site conditions. - 17. The permit may require the contractor to notify the individual or office specified on the permit at certain phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, and base course compaction. 18. The occupant and the property owner of the property serviced by the access approach shall be responsible for (1) meeting the terms and conditions of the permit and, (2) the removal or clearance of snow or ice upon the access approach(es) even though deposited on the access in the course of the Department highway snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts under the access approach which are part of that system within the right-of-way. The permittee, his successors and assigns, are responsible for the maintenance of the access approach beyond the travel and speed change lanes. NOTE: "Act" means the highway access statute, CRS 1973, 43-2-147 as amended. "Code" means the State Highway Access Code, adopted on'July 16, 1981 by the Colorado Highway Commission. "Department" means the State Department of Highways. Legal Description for CaLroll Wilson That portion of the west 2 of Section 19 T -5-S R -92-W of the 6th P.M. Garfield County Colorado described as follows: Beginning at the west 4 corner of said Section 19, thence along the west line of the NW 4 of said Section 19 N 00 06 09 W 488.36 to the south westerly ROW of State Hwy 325, thence along said ROW S 27 16 59 F 555.78' to the westerly prolongation of an existing fence line, thence along said westerly prolongation S 89 59 10 W 253.88' to a point that bears S 00 06 09 E 5.65' from said west 4 corner of Section 19, thence M 00 06 09 W 5.65' to the point of beginning. Cr. =-rg 1,14 a_re� Cr- or 'ePs.