HomeMy WebLinkAboutRAP Permit / Conditions - 4/5/2004 � Washington State Olympic Region Headquarters
-AS Department of Transportation 5720 Capitol Boulevard,Tumwater
Douglas B. MacDonald P.O.Box 47440
Secretary of Transportation Olympia,WA 98504-7440
360-357-2600
Fax 360-357-2601
TTY: 1-800-833-6388
April 5, 2004 www.wsdot.wa.gov
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Mr. Ulrich Schluter TO BE K E I'T IN T H E
1613 Easthill Court NW
Olympia, Washington 8502 PARCEL FILE
Re: Longshore Drive-In and Espresso
Access Coimection Permit No. 43541
SR 101, Mile Post 334.71, Left Vicinity
Dear Mr. Schluter
Enclosed is your frilly executed access connection permit for your property.
If you have any questions or concerns regarding contents or provisions of the permit
please contact Larry Deemer at (360) 874-3050 or Dan Carruth at (360) 357-2706.
Sincerely,
Dale C. Severson, P.E.
Development Services Engineer
WSDOT, Olympic Region
DCS:ypl
TAJ
Enclosures
cc: Mason Co. Dept. of Comm. Dev., P. O. Box 279, Shelton, WA 98584
Clay Wilcox, Port Orchard Maintenance, Mail Stop WB-18
Access Connection
RECEIVED Permit - Existing
AIR 0 5 Z004
Permit No. 43541 01YMPIC REGION SR 101
Name and Address of Property Owner Region Olympic
Ulrich Schluter
1613 Easthill Court NW MP 334.710 LT/RT Right
Olympia, WA 98502
KP
The Property Owner, hereinafter referred to as the "Permit Holder",
To use and maintain a Category I, Non-conforming, Highway Classification 2, pre-existing Type
"E"joint connection to a Drive-in and Espresso Stand at Milepost 334.710 and Milepost 334.730,
Right Vicinity (Mason Tax Parcel #42226-23-90080).
on a portion of State Route No. 101 in Mason County, Washington,
the Washington State Department of Transportation or its designee, herein after referred to as the "Department",
hereby orders that this permit be granted, subject to the terms and provisions stated upon the General Provisions
hereof and Exhibits attached hereto and by this reference made a part hereof:
Exhibit "A" -Special Provisions for Highway Encroachments, Pages 1 and 2.
Exhibit "B" -WSDOT Right of Way Sheet and Site Plans, Pages 1 and 2.
NOTE: (1) Any future change in development or land use of this property will require joint review
and approval of both WSDOT and Mason County for the adequacy of this approach for the intended
use. (2) Access site(s) include 18 culverts with catch basins at each connection and a 2 foot earth
berm across the frontage of the property between the connections.
This permit is effective after 30 days unless appealed
per WAC 468-51-150 and is subject to the terms and
provisions as herein set forth.
PERMIT HOLDE DEPARTMENT OF TRANSPORTATION
DALE C.SEVERSON,P.E.
Title: 0co 14 e4- Title: Development Services Engineer
Date:
y Date: APR O 5 2004
RAMPS-Access Connection Permit Existing-Page 1
General Provisions
1. The Grantee, its successors and assigns,agrees to protect the State of Washington,its officers and employees and save them harmless
from all claims,actions or damages of every kind and description which may accrue to or be suffered by any person,persons, or property
by reason of the acts or omissions of the Grantee,its assigns,agents,contractors, licensees,employees or any person whomsoever, in
connection with Grantee's, its assigns',agents',contractors', licensees'or employees'construction,installation, maintenance,operation,
use or occupancy of the right of way or in the exercise of this permit. In case any suit or action is brought against the State of Washington,
its officers and employees,arising out of or by reason of any of the above causes,the Grantee,its successors or assigns will, upon notice of
such action,defend the same at its sole cost and expense and satisfy any judgement against the State of Washington, its officers,or
employees: PROVIDED,that if the claims or damages are caused by or result from the concurrent negligence of(a)the State of
Washington's agents or employees and(b)the Grantee or Grantee's agents or employees,this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Grantee or the Grantee's agents or employees.
The Grantee,and on behalf of its assigns,agents,licensees, contractors and employees agrees to waive any claims for losses, expenses,
damages or lost revenues incurred by it or its agents,contractors, licensees,employees or customers in connection with Grantee's, its
assigns',agents', contractors', licensees'or employees'construction, installation, maintenance,operation,use or occupancy of the right of
way or in the exercise of this permit against the State of Washington,its agents or employees except the reasonable costs of repair to
property resulting from the negligent injury or damage to Grantee's property by the State of Washington, its agents, contractors or
employees.
2. Except as herein authorized,no excavation shall be made or obstacle placed within the limits of the State highway in such a manner as to
interfere with the travel over said road.
3. Grantee hereby authorizes the Department to enter upon their lands where necessary to constrict or reconstruct the permitted access
connection and/or construct and maintain traffic control devices and appurtenances.
4. The access connection shall be maintained between the right of way line and the shoulder line of said (highway,frontage service road of said
highway,highway and/or frontage service road,""Line of said highway)by the grantee,their heirs,successors or assigns in a condition
satisfactory to the department.
5. All future cost of construction or modification of a connection shall be the responsibility of the Grantee,including the cost of modification of any
connection required as a result of changes on property site use in accordance with WAC 468-51-110.
6. Existing permitted connections impacted by the Department's work program and which, in the consideration of the Department, necessitate
modification, relocation,or replacement in order to meet current Department connection location,quantity,spacing,and design standards,
shall be modified, relocated,or replaced in kind by the Department at no cost to the Grantee. The cost of further enhancements or
modification to the altered,relocated,or replaced connections desired by the Grantee shall be the responsibility of the Grantee.
7. If any changes are made or proposed in the land use,intensity of development,type of traffic, or traffic flow of the property served by this
connection permit,the Grantee is required to contact the Department to determine if further analysis is needed to determine if the change is
significant and would require a new permit and modifications to the connection.
8. All such changes, reconstruction,or relocation by the Grantee shall be done in such manner as will cause the least interference with any of
the Department's work,and the Department shall in no wise be held liable for any damage to the Grantee by reason of any such work by the
Department, its agents or representatives,or by the exercise of any rights by the Department upon roads, streets, public places,or structures
in question.
9. This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting other permits
or franchise rights of like or other nature to other public or private companies or individuals, nor shall it prevent the Department from using
any of its roads,streets,or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby
surrendered.
10. The Department may revoke,amend,or cancel this permit or any of the provisions thereof at any time by giving written notice to the Grantee.
The Grantee shall immediately remove all facilities from the right of way. Any facilities remaining upon the right of way 30 days after written
notice of cancellation shall be removed by the department at the Grantee's expense.
11. This permit is subject to all applicable provisions of 468-51 WAC,468-52 WACChapter 47.50 RCW,Chapter 47.32 RCW,and/or
Chapter 47.44 RCW,and amendments thereto.
RAMPS-Access Connection Permit Existing-Page 2
Special Provisions for
Highway Encroachments
Permit No. 43541
Applicable provisions are denoted by
✓' 1. No work provided for herein shall be performed until the Permit Holder is authorized by the following Department representative:
Joyce Komac, Superintendent
Port Orchard Maintenance
8293 Spring Creek Road SE
Port Orchard,WA 98367-8192
Phone: (360) 874-3050
I_J 2. Prior to the beginning of construction,a preconstruction conference shall be held at which the Department and the Permit Holder and Permit Holder's
engineer, contractor, and inspector shall be present.
3. Should the Permit Holder choose to perform the work outlined herein with other than its own forces,a representative of the Permit Holder shall be
present at all times unless otherwise agreed to by the Department representative. All contact between the Department and the Permit Holder's
contractor shall be through the representative of the Permit Holder. Where the Permit Holder chooses to perform the work with its own forces, it
may elect to appoint one of its own employees engaged in the construction as its representative. Failure to comply with this provision shall be
grounds for restricting any further work by the Permit Holder within the State right of way until said requirement is met. The Permit Holder,at its
own expense,shall adequately police and supervise all work on the above described project by itself, its contractor,subcontractor, agent, and
others,so as not to endanger or injure any person or property.
4. A copy of the permit must be on the job site and protected from the elements at all times during any of the construction authorized by said permit.
✓, 5. This permit does not give the Permit Holder or any agent or contractor of the Permit Holder any rights to cut,spray, retard, remove, destroy,
damage,disfigure or in any way modify the physical condition of any vegetative material located on the highway right of way, except by written
permission from the Department or for purposes as described by No. 6 if denoted below. All restoration shall be done to the satisfaction of the
Department at the sole expense of the Permit Holder.
✓I 6. If necessary to increase sight distance,brush shall be removed from both sides of the access connection and stumps shall be removed.
The indiscriminate cutting of merchantable timber or disfiguring of any feature of scenic value shall not be permitted.
�I 7• The access connection(s)shall be constructed in accordance with the attached
Sufficient length of diameter culvert pipe shall be placed in ditch and laid to a true line and grade.
The access connection(s)shall be surfaced to the limits as shown on the plan with a 150 millimeter(6 inch)minimum compacted depth of gravel
base material and a 80 millimeter(3 inch)compacted depth of crushed surfacing top course. Asphalt paving will not be required. Finished grade
of the access connection shall be in accordance with the profile control as shown on the attached plan. Directing of surface water from private
property to Department right of way will not be permitted,unless otherwise approved by the Department.
8. The access connection(s)shall be constructed in accordance with the attached
Sufficient length of . diameter culvert pipe shall be placed in ditch and laid to a true line and grade.
The access connection(s)shall be surfaced to the limits as shown on the plan with a 150 millimeter(6 inch)minimum compacted depth of gravel
base material,a 80 millimeter(3 inch)minimum compacted depth of crushed surfacing top course,and paved with a 80 millimeter(3 inch)
minimum compacted depth of Asphaltic Concrete Class B unless otherwise specified by the Department. Any existing oil mat on shoulder or
roadway shall be removed and new pavement laid to a butt joint with existing pavement. Finished grade of new pavement shall be in accordance
with the profile control as shown on attached plan. Directing of surface water from private property onto Department right of way will not be
permitted,unless otherwise approved by the Department.
✓' 9. All buildings and appurtenances shall be so located at a distance from the right of way line of any State Highway that none of the right of way
therefore is required for use of the patrons or customers of any such establishment. Permit Holder shall comply with local building codes. Set-back
requirements for the location of buildingts in relation to the right of way line are a function of local authorities,and they should be consulted
regarding requirements that must be adhered to.
RAMPS-Special Provisions-Page 1 Page 1 Exhibit "A"
JI 10. The Permit Holder agrees to schedule the work herein referred to and perform said work in such a manner as not to delay the Department's
contractor in the performance of his contract.
11. Work within the right of way shall be restricted to between the hours of and and/or
and no work shall
be allowed on the right of way Saturday, Sunday,or holidays, unless authorized by the Department. Any lane closures must be submitted for
approval in advance of use. The hours of permitted closure may differ from the above noted hours.
12. The shoulders,where disturbed,shall be surfaced with crushed surfacing top course minimum compacted
depth,or as directed by the Department. The surface of the finished shoulder shall slope down from the edge of pavement at
the rate of 5%unless otherwise directed. The restored shoulder must not have any strips or sections less than 0.6 meters(2 feet)wide.
The restored shoulder shall be surfaced with
✓ 13. The Permit Holder shall be responsible for constructing and maintaining the access connection(s)and appurtenances between the shoulder line of
the highway and the right of way line inclusive of surfacing and drainage. The Department has the right to inspect all installations at the time of
construction and at any time afterward and to require that necessary changes and repairs be made. Unsatisfactory work will be corrected by the
Department,at the Permit Holder's expense,or access may be removed at the Permit Holder's expense. Directing of surface water from private
property onto Department right of way will not be permitted.
✓' 14. The access aconnection shall be sufficiently surfaced back an adequate distance from the edge of the pavement to prevent any tracking of
material onto the highway. Any tracking of material onto the highway shall be subject to enforcement of Chapter 46.61.655 RCW and shall be
immediately cleaned up by the Permit Holder or the Permit Holder's agent.
15. Standard highway warning signs designated as"Truck Crossing"sign, plate W8-6,shall be placed and maintained at Permit Holder's expense on
each side of the access connection. Signs shall be in evidence only when access is actually being used. If necessary,flagmen shall be
provided. Sufficient parking space shall be provided by the Permit Holder outside Department right of way so no vehicles will be parked on
said right of way.
i� 16. All manholes,valve covers, and like appurtenances shall be constructed at such an elevation to conform to the shoulder slope from the edge of
pavement or as directed by the Department.
17. All slopes, slope treatment,top soil,ditches,pipes,etc.,disturbed by this operation shall be restored to their original cross section and
condition. All hazards shall be marked by warning signs,barricades,and lights. If necessary,flagmenshall be employed for the purpose of
protecting the traveling public. Roadside operations shall be specified by the Department's representative.
18. During the construction and/or maintenance of this facility,the Permit Holder shall comply with the Manual on Uniform Traffic Control Devices for
Streets and Highways, (Federal Highway Administration)and Washington modifications thereto. If determined necessary by the Department,
the Permit Holder shall submit a signing and traffic control plan to the Department's representative for approval prior to construction or maintenance
operations. No lane closures shall be allowed except as approved by the Department representative. Approvals may cause revision of special
provisions,including hours of operation.
19. Bond coverage required to ensure proper compliance with all terms and conditions of said permit will be furnished by a Blanket Surety Bond
held by the Department at the Olympia Service Center.
20. A surety bond in the amount of written by a surety company authorized to do business in the State of Washington
shall be furnished to ensure compliance with any and all of the terms and conditions of this permit and shall remain in force until
all work under this permit has been completed and approved by the Department.
✓! 21. Relative to advertising adjacent to all State highways,we wish to call your attention to the Sceni Vistas Act of 1971,Chapter 47.42 RCW and
State Transportation Commission ruling Chapter 468-66 WAC. Violation of this section of the statutes will be sufficient cause for cancellation
of this permit. On-premise signs are allowed.
l✓', 22. The Permit Holder shall notify the Department's representative upon completion of the work under this permit so that a final inspection can be made.
23. The responsibility of the Permit Holder for proper performance,safe conduct, and adequate policing and supervision of the project shall not be
lessened or otherwise affected by Department approval of plans,specifications,or work,or by the presence at the work site of Department
representatives,or by compliance by the Grantee with any requests or recommendations made by such representatives.
24. All material and workmanship shall conform to the Washington State Department of Transportation Standard Specifications for Road, Bridge
and Municipal Construction, current edition,and amendments thereto,and shall be subject to inspection by the Department.
RAMPS-Special Provisions-Page 2 Page 2 Exhibit "A"
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AdIlk
Washington State Olympic Region Headquarters
CAW Department of Transportation 5720 Capitol Boulevard,Tumwater
Douglas B. MacDonald P.O.Box 47440
Secretary of Transportation Olympia,WA 98504-7440
360-357-2600
` Fax 360-357-2601
October 18, 2004 TO BE KE;`-)TdN lr 11 TTY: 1-800-833-
6388
www.wsdot.wa.gov FILE
� E
Mason County
Department of Community Development
P. O. Box 279
Shelton, Washington 98584 MCC , _ '�---
ra9G
Re: Ulrich Schluter d/b/a Longshore Drive-In and Espresso
WSDOT Access Connection Permit No. 43541
SR 101, Mile Post 334.710Right Vicinity
Dear Sir or Madam:
The intent of this letter is to notify you that the work on the above referenced access
connection has been completed to the department's satisfaction.
If you should have any questions please feel free to contact Trudy Johnson at
(360) 357-2667, or myself at (360) 357-2736.
Thank you for your time and assistance in completing this matter.
Sincerely,
DALE C. SEVERSON, P.E.
Development Services Engineer
WSDOT, Olympic Region
DCS:IIw
TAJ
cc: U. Schluter, 1613 Easthill Court NW, Olympia, WA 98502
Clay Wilcox, Port Orchard Maintenance, Mail Stop WB-18