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Home My WebLink About20131505.tiffMEMORANDUM TO: Michelle Martin, Planning Services DATE: April 11, 2013 FROM: Jennifer Petrik P.E., Engineering Public Works Department SUBJECT: USR13-0011, Jennifer Jaquish A Use by Special Review (USR) permit for a child care center The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: This project is located to the east of CR13, north of the intersection of CR13 and CR20. 1. The City of Firestone has annexed this portion of WCR 13. The applicant shall provide evidence of access approval from the City of Firestone for the existing access off of WCR 13. 2. CR 13 is owned and maintained by the City of Firestone. The application materials indicate this parcel accesses CR13 via a 20ft joint access easement per REC No 2744907 across parcel 131118000060. The applicant's parcel does not directly front CR13. 3. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Add the following notes to the plat: a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. b. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. C:AUsersVkfordAAppData\LocalAMicrosoft\Windows \Temporary Internet Files\LowVContent.IE5V073BN t2H\USR I3- 00tt_Jaquish_child_care[1].docx MEMORANDUM TO: MICHELLE MARTIN, PLANNING SERVICES FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: USR13-0011 DATE: MARCH 18, 2013 Environmental Health Services has reviewed this proposal for a large in -home childcare facility. The childcare facility will serve up to 12 children. There will be 2 employees associated with the childcare facility; one staff and the homeowner. The residence is served by a domestic well (Permit No. 247857), and is restricted to ordinary household purposes. The applicant will need to provide documentation from the Colorado Division of Water Resources that the well is permitted for the proposed daycare center. Also, the applicant will need to contact the Colorado Department of Public Health and Environment, Consumer Protection, regarding requirements for treatment of the well water for the childcare facility. At a minimum, the water supply shall meet the treatment and sampling requirements of Section 4-101 of the Colorado Department of Public Health and Environment, Consumer Protection Division's Rules and Regulations Governing the Health and Sanitation of Child Care Facilities (6 CCR 1010-7). The residence is served by an individual sewage disposal system (SP -0300245). The septic system is sized for 3 bedrooms, which is 6 people per day. If the use of the septic system exceeds 6 people per day the system must be reviewed by a registered engineer for the additional hydraulic load. Gator Rubbish of Brighton provides refuse removal. The access drive and parking areas are graveled, and water will be applied to control dust when necessary. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. In the event the applicant's usage of the existing septic system exceeds 6 people per day, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 2. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. 3. The applicant shall submit evidence that the drinking water well complies with the requirements of Section 4-101 of the Colorado Department of Public Health and Environment, Consumer Protection Division's Rules and Regulations Governing the Health and Sanitation of Child Care Facilities (6 CCR 1010-7). 4. The applicant shall submit evidence of a Child Care Facility License from the Colorado Department of Human Resources, Division of Child Care (12 CCR 2509-8). We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The facility shall operate in accordance with the approved "waste handling plan", at all times. 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 6. This facility shall adhere to the maximum permissible noise levels allowed in the 2 Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 8. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. Any additional hydraulic load to an existing septic system will require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County Individual Sewage Disposal Regulations. 10. The drinking water well shall comply with the requirements of Section 4-101 of the Colorado Department of Public Health and Environment, Consumer Protection Division's Rules and Regulations Governing the Health and Sanitation of Child Care Facilities (6 CCR 1010-7). 11. The applicant shall comply with Rules and Regulations Governing the Health and Sanitation of Child Care Facilities issued by the Colorado Department of Public Health and Environment, Consumer Protection Division (6 CCR 1010-7). 12. The applicant shall comply with the General Rules for Child Care Facilities issued by the Colorado Department of Human Resources, Division of Child Care (12 CCR 2509-8). 13. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 14. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. 3 Department of Planning Services 1555 N 17`h Ave Greeley, CO 80631 (970) 353-6100 April 10th, 2013 Building Department Review Comments USR13-0011 A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT Parcel: 131118300067 Dear Sir/Madam, The Weld County Building Department has reviewed the history and investigated any complaints or violations that accompany the parcel the establishment resides on. The findings are as followed: The owner has applied for a permit for the work that has been completed. A violation fee will be required to be paid along with the current building permit fee at the time of issue. The permit is a Residential permit and will need to be changed to a Commercial Building Permit. The applicant will need to meet the handicap accessibility requirements for restrooms and parking. A Change of Use Building Permit will be required for the home and any other buildings utilized for the daycare. The applicant should schedule an inspection with the Building Department to discuss options of bringing the building into compliance. An approval letter from the Fire District will be required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, or to cause any such work to be done, shall first make application to the building official and Weld County to obtain the required permit. For further information or comments please contact the Weld County Building Department. Sincerely, Jonathan Gesick Plans Examiner and Building Inspector 970-353-6100 x-3532 Submit by Email Weld County Referral March 14, 2013 The Weld County Department of Planning Services has received the following item for review: Applicant: Jennifer Jaquish Case Number: USR13-0011 Please Reply By: April 11, 2013 Planner: Michelle Martin Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT Location: EAST OF AND ADJACENT TO CR 13 AND NORTH OF CR 20 Parcel Number: 131118300067-R2235703 Legal: PTSW4 SECTION 18, T2N, R67W LOT A REC EXEMPT RE -3463 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. E • a We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency David P. Puccetti/ cPPO. Frederick -Firestone Fire Protection District Date March 18, 2013 Weld County Planning Dept. 1555 N 17th Ave. Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax FREDERICK -FIRESTONE FIRE PROTECTION DISTRICT OVPICIVM.VENP.BATIO, PIETAS Fire Prevention Division Office: (303) 833-2742 Fax: (303) 833-3736 E -Mail: dpucceui@fffd.us March 18, 2013 Ms. Michelle Martin, Planner Weld County Planning Department 1555 N 17th Ave, Greeley, CO. 80631 1-970-353-6100 ext.3540 Reference: 9350 WCR13, Longmont, Colorado 80504 — dba — Tiny Tykes, LLC Dear Ms. Martin, We have the completed the plan review of the packet submitted to our office on 9350 WCR13, Longmont, Colorado 80504 — dba — Tiny Tykes, LLC. #USR13-0011. There were no review comments generated during the project review. Once the business owner, Ms. John Jaquish is ready to open to the public, we will require an on -site fire code inspection to ensure that the business meets all related fire code requirements in the 2006 International Fire Codes as adopted by the Frederick -Firestone Fire Protection District and the State of Colorado. The attached Frederick -Firestone Fire Protection District Application for Plan Review will need to be completed and signed by Ms. John Jaquish. A review and fire code inspection fee of $55.00 dollars will need to be paid at the time the fire code inspection is completed. The FFFPD Submittal Requirements for Family Child Care Home is also attached with this e- mail. These requirements will be checked during the in -home fire code inspection. Please feel free to contact us if you have additional questions or concerns. Respectively, CSPRA— David P. Puccetti Division Chief/Fire Marshal e/e File Attachments: FFFPD Application for Plan Review and FFFPD Submittal Requirements for Family Child Care Home Physical: 8426 Kosmerl Place, Frederick, CO 80504, Mailing: P. O. Box 129, Frederick, CO 80530; www.fffd.us FREDERICK -FIRESTONE FIRE PROTECTION DISTRICT OFFICIOM, VENERATIO. PIETAS Fire Prevention Division Office (303) 833-2742 I:ax: (303) 833-3736 I?-ATail: dpuccetti(alfffd us APPLICATION FOR PLAN REVIEW AND PERMITING Type of Plan Review: ❑ Site Development ❑ Kitchen Hood System ❑ Standpipe System ❑ AST Installation ❑ High Piled Storage ❑ Fireworks Stand ❑ Operational Permit ❑ Special Event/Tent ❑ Building and Floor Plans ❑ Fire Sprinkler System ❑ Spray Booth Operations ❑ UST Installation ❑ LPG Storage ❑ Fireworks Display ❑ Construction Permit ❑ Family Child Care Home ❑ Tenant Finish ❑ Firc Alarm System ❑ Firc Pump ❑ UST Removal ❑ Clean Agent System ❑ Tanks & Tank Farm ❑ Burn Permit Date: March 18, 2013 Type of Building Construction: Type V Occupancy Classification Project Name: Tiny Tykes, LLC Project Address: 9350 WCR13 City/Zip: Longmont/80504 County: Weld Total Development Square Footage Number of Stories: 2 - Story General Contractor Name: SELF License#: Not Applicable Mailing Address City Telephone Fax Building Square Footage Email Address R-3 State Zip Phveieal X426 Ko.merl Place. Iredcrick. CI I X115114. Mailing: P. U. Box 129. Frederick, CO X05311; ,r,c,r.lttitUS Fire Systems Contractor Fire Systems Contractor Name: Not Applicable License #; Not Applicable Mailing Address City State Zip Telephone Fax Email Address Architect Architect Name: Not Applicable Mailing Address City State Zip Owner Telephone: 1-970-412-2664 Fax Email Address: iiaquish(Oornevind.com Owner Name/ Representative: Ms. Jennifer Jaquish/Business Owner Mailing Address: 9350 WCRl3 City: Longmont State: Colorado Zip Codc: 80504 NOTE: Subcontractors will not be allowed to start construction until a final set of approved drawings and all applicable fees have been paid to the Frederick -Firestone Fire Protection District. Failure to comply with this requirement will result in a Stop Work Order and an additional permit fee. By submitting this Application, the applicant represents that all information contained in this application is true and accurate, and that the applicant has full authority to submit this application. The applicant represents and agrees that the owner, contractor, architect, subcontractors and their employees, agents and representatives, will comply with all requirements of the Fire Code, Building Code, Mechanical Code and any other applicable Codes or standards. The applicant agrees to reimburse the Fire District for all fees (including attorneys' fees) costs and expenses it may incur as a result of a failure of the owner, contractor, architect, subcontractors and their employees, agents and representatives, to comply with all requirements of the Fire Code, Building Code, Mechanical Code and any other applicable Codes or standards. Applicant Name and Title Date Fire Department Use Only Fire Plan Log # Submitted to Hughes FFFPD Final Approval Picked up by 2013-03-18-01 In -Home Childcare Plans Received Completed by Hughes Called For Pickup Fees Date $55.00 Phcsic:d X426 Kosmerl Place. I redenek. CI ) X115114. Atailing: P. O. Box 129. Frederick , Co X05311. qus Frederick -Firestone Fire Protection District Review/Inspection Fee Schedule Effective January 2013 Site Development Square Footage Plan/Site Review/Inspection Base Fee* Sprinkler System Inspections Fire Alarm System Inspection Kitchen System Inspection Hazardous Materials Inspection 0-2,500 5250.00 $250.00 5250.00 $250.00 5250.00 2,501-5,000 5250.00 $250.00 5250.00 $250.00 5250.00 5,001-7,500 5250.00 $250.00 5250.00 $250.00 5250.00 7,501-10,000 5250.00 $250.00 5250.00 $250.00 5250.00 10,001-20,000 5350.00 $350.00 5300.00 $300.00 5350.00 20,001-30,000 5450.00 $450.00 S350.00 $350.00 S450.00 30,001-40,000 S550.00 $551.00 5400.00 $400.00 S550.00 40,001-50,000 5650.00 $650.00 S450.00 $450.00 5650.00 50,001-60,000 S750.00 $750.00 5500.00 $500.00 5750.00 60,001-70,000 S850.00 $850.00 S550.00 $550.00 5850.00 70,001-80,000 5950.00 $950.00 5600.00 $600.00 5950.00 80,001-90,000 51050.00 $1050.00 5650.00 $650O0 51050.00 90,001-100,000 S 1150.00 $1 150.00 S700.00 $700.00 S 1150.00 100,001-200,000 51350.00 $1250.00 5751.00 $750.00 51250.00 200,001-300,000 S1550.00 $1350.00 S800.00 $800.00 S 1350.00 300,001-400,000 51750.00 $1450.00 5850.00 $850.00 S1450.00 400,001-500,000 51950.00 $1550.00 5901.00 $900.00 S1550.00 500,001-600,000 52150.00 $1650.00 S950.00 $950.00 51650.00 600,001-700,000 52350.00 $1750.00 SI000.00 $1000.00 51750.00 700,001-800,000 52551.00 $1850.00 S1050.00 $1050.00 S1850.00 800,001-900,000 52750.00 $1950.00 SI100.00 $1100.00 51950.00 900,001-1,000,000 S2950.00 $2050.00 S 1150.00 $1150.00 S2050.00 1,000,001 and up 53150.00 $2150.00 S1200.00 $1200.00 52150.00 The Plan/S.te Inspection Fee set forth above is for the initial review of construction documents submitted in support of an application for a construction permit, and where appropriate a site inspection. Family Child Care Homes will be assessed an initial review fee of $55.00. Additional reviews of re -submitted or revised plans and /or additional site inspections shall be calculated at the rate of $55.00 an hour, with a minimum fee of $55.00. * Residential Development Reviews — Fees will be based on the amount of fire hydrants located in a single family residential project. Fees will be S 100.00 per fire hydrant. NOTE: Fees for multi -family projects will be based on the total square footage using the above fee schedule. Physical X-126 Kosmerl Place. Frederick. CO X05(1-1. A7ailin,_: P. O. Box 129. Frederick, CO X 115511; 'r'cnc.lild.u. FREDERICK -FIRESTONE FIRE PROTECTION DISTRICT OPPIOOM. VENERATIO. PIETAS Fire Prevention Division Ofdee: (3113) 833-Y42 Pas: (303) 833-3736 P. -Mail: dpuccetti(a:fttd.us Submittal Requirements for Family Child Care Home A Family Child Care Home as referenced in this document shall refer to facilities defined by the Colorado Department of Human Services, Division of Child Care "Rules Regulating Family Child Care Homes". This document does not cover other Child Care Centers. These directions are for submitting Family Child Care Home Project Drawings for proposed projects as wells as Building Construction Drawings: I. Complete a FFFPD Application for Plan Review 2. Pay all applicable fee's related for the Review Package. a. Plan Review Package includes Site Plan Drawings and Interior Floor Plan Drawings. Additional fire alarm or fire sprinkler drawings must be submitted with the Application for Plan Review, if required. NOTE: A 555.00 dollar review fee will bc required to bc paid at the time of application. Please make checks payable to: Frederick -Firestone Fire Protection District. This fee will cover all plan reviews and the initial inspection, if required. 3. Two sets of architectural or homeowner drawings will need to be provided at the time of submittal. One set of the drawings is for the Frederick -Firestone Fire Protection District Fire Marshal Office. This set will not be returned. After all submitted plans have been reviewed and approved, one set of architectural or homeowner drawings will be returned. These will be the approved construction drawings. A copy of these drawings and the issued Fire Permit will need to be available at the job site for inspection and review. Submittal drawings need to included the following information: Building Site Plan Location of all CO detectors • Locations of all smoke detectors • Locations of all fire extinguishers • Locations of all primary and secondary emergency exits • Location of the main breaker panel • Date the drawings were completed • Individual completing the drawings • Address to included city and state ▪ Details of the main child care areas Physical'. S426 Kosmeil Place, Frederick. C( ) 805114. Mailing: P. O. Box 129. Frederick. CO 80531): ""' .111u. 4. The following items will be evaluated during the final fire safety inspection performed by the Firc Inspector: Fire Hydrant Coverage - A tire hydrant must be located within 600 feet of the property. Property Access - Property must be accessible by emergency response personnel. - Property Address - The residence must have the proper address visible both during daytime hours, nighttime hours and during severe weather conditions. A minimum of 4" in height is required for numbers and alpha characters. Means of Egress - a "36 inch travel lane- must be maintained throughout the residence for emergency egress. There must be two emergency exits from each floor level of the residence. Fire Extinguishers - a properly inspected 516. ABC Fire Extinguishers must be available on each level of the residence. - Smoke Detectors - working smoke detectors must be installed on each level of the residence. - Carbon Monoxide Detectors - working Carbon Monoxide detectors must be installed on each level of the residence. - Electrical Hazards - Electrical outlets w/safety guards, covers on outlets, no open wiring, proper use of extension cords, and access to main electrical panels/breakers. Trash and Combustible Materials - Excessive trash and combustible materials will not be allowed in child care areas Flammable/Combustible Liquids - No storage of flammable/combustible liquids in child care areas. Access to Building Utilities - A "36 inch clear area" must be maintained around the gas meter, If you have any further questions please contact me at 303-833-2742 x 10. Thank you, David P. Puccetti Division Chief/Fire Marshal Frederick -Firestone Fire Protection District Updated: 01 /20I UDPP Physical'. 5426 KosmeiI Place, Frederick. C( ) 805114. Mailing: P. O. Box 129. Frederick. CO 80531): ""' .n71u. Michelle Martin From: Rebecca Toberman [FirestonePlanning@me.com] Sent: Wednesday, May 08, 2013 5:42 PM To: Michelle Martin Cc: Dave Lindsay; Bruce Nickerson; ENielsen@permontesgroup.com Subject: USR13-0011 Attachments: Hearst & Pressly Easement & Agreement.pdf Hi Michelle, Thank you for the referral and opportunity to comment on the USR13-0011 application. Please note that Town staff does not support the increased traffic over the Firestone Regional Trail due to safety concerns. The current access easement (attached) from Colorado Boulevard across the Firestone Regional Trail is only for single family residential and agriculture uses. The applicant can propose whatever amendment they request to the access easement to the Firestone Town Board of Trustees. Please contact us with any questions. Thank you, Rebecca Toberman Planning Coordinator & Town Clerk Office (303) 531-6260 Mobile (303) 885-4828 1 Michelle Martin From: Sent: To: Cc: Subject: Michelle, Bruce Nickerson [brucenickerson@me.com] Thursday, May 09, 2013 4:41 PM Michelle Martin Theo Abkes; Dave Lindsay; Rebecca Toberman - E; Mickey Leyba-Farnsworth Day Care Referral Please listen to the voicemail I left you today and call me when you get a chance regarding the day care center along Colorado Boulevard in Firestone. For your information we had a constructive conversation with the applicant's engineer today regarding potential ways to mitigate the primary concerns of Firestone Town staff regarding mud and ice on the trail, necessary signage for safety issues, etc. Please update our previous comments with this information. At this point, Town staff thinks it would be in the best interest of all concerned if the applicant has the opportunity to request an amendment to the current easement to the Firestone Town Board directly. Town staff is happy to work through that process with the applicant. Bruce Nickerson Firestone Town Planner o: 303-833-3291 m: 303-506-3828 1. ;Till! 711L L_iia L QILi MUI bull film i i u:n �u. rn 2/44907 01/18/2000 01:40P JA Suki Tsukamoto 1 of 6 R 00.00 0 0.00 Weld County CO GRANT OF EASEMENT AND AGREEMENT T :3 GRANT OF EASEMENT AND AGREEMENT : n- •'-'• - -J 'J1 ?i:-EE1 -:1i . ;S I T N E S S E T H: '-1.1_'' t:.= .,i zeh2LcleratiTn, :h unn i35.111Lee. _L :n: 113 C. r[7-1 . if. rc-`-- :. I?xn1L1 a:-�c-L--i _'1i: YefLence --=rc_na__cr _t: - :he .-:Cr'zS fr':: a'7T•c=:L :: t'. :'_ :`. �_'-�=--� =- - .it -j ': And ..h..._1 be '1=e _Cie _. _ _1'7. _ �f:i: y 7r'-._3 tO. ihe nrnp •--_`v ._ :a:_bed on rt.:hib_L 7. shall n 1 .__ ___ _.__c.. _hp.. _h.:.. _}:.:t_ enribea _.. tea_-_ .':1'B :11- fore thc.- .. -.1 _.I._. cl hard fnn 7 -t! `: I Gant _..r_1• } -n .71 C-::'_3. Cr-1u:•' 5:]a__ 3- 3a3 :e1 ,'_e,l LJc:_Itie f'.cier Gni:.__.shall_xc n. -. l .ra_r-..-i: - b:11 --.en LJlLd..:_11__.: a_r au -I ifiii !Id I' i19 CIFIBI It ni Itiiii iii iii i i, 2744907 01118/2000 01:40P JA Suki Tsukarnolo 2 0l 6 R 30.00 D 0.00 Weld County CO L::.1 ? • -:r.r • • . :11- - -—''--'9 I n:1_£CI'_- -- I:^1 :..-• 19c. rt 1I:'1 Li_ Li ha_ =:11 - . •=!i u:.. I II!!I CttL, u n 2744907 J1/18/20'00 01:40P JA Suki Tsukamolo 3 0l 6 A 30.00 0 0.00 Weld County CO :-'_ _ :t :.N 1-3E1 .;ii 1. n.: `_ ,t -c: . . _._ YD.?_t n1L _.: IN WITNESS WHEREOF. ':119:: y�T, /r-e/friser 1 e // _ is VIII' I!r'R' II! c':rir �!r ! IIII viii III 11111 II11 viii 2744907 c1118/2000 01:40P JA Suki Tsukamoto 4 of 6 R 30.00 D 0.00 Weld County CO : l tort-ernr.a :h._- Town -- --1`_---._ .u_i 'C.' _- !Ale '!'-:wr: -- - L :'reTA: 1,_: rr t::--= 5=_ s,., ' • (.;r 't my hai-zi 1;.I.Car:' 'u7.:t And rHrr_ 1-Li.31 i.; -:- ._ t.21 III!!! IIIII li�lll rill llll IIIII 111111 !till! III! IIII 2744901 01/18/2000 01 40P JA Sold Tsukamolo 5 of 6 A 30.00 0 0.00 Weld County CO EXHIBIT A 20' Joint Access Easement Lots A & B, RE -2611, Weld County. Colorado Legal Description: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN (18). TOWNSHIP TWO NORTH. RANGE SIXTY-SEVEN WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE, OF. COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF AMENDED LOT A, WELD COUNTY RECORDED EXEMPTION NO. 1311 - 18 - 3 - RE477, FROM WHENCE THE NORTHWEST CORNER OF SAID AMENDED LOT A BEARS N00`53'25"W A DISTANCE OF 236.93 FEET, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88'27'57"W A DISTANCE OF 225.89 FEET TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD THIRTEEN: THENCE ALONG SAID EASTERLY RIGHT -Of -WAY LINE S00°54'51"E A DISTANCE OF 20.02 FEET: THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY S88`27'57"E A DISTANCE OF 196.93 FEET: THENCE S46°10'05"E A DISTANCE OF 40.71 FEET TO THE EAST LINE OF SAID LOT A; THENCE ALONG SAID EAST LINE NO' 053'25"W A DISTANCE OF 47.44 FEET TO THE POINT BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 0.113 ACRES MORE OR LESS. Jmm M..«, Easement Leal Je.<nRcn wr. , •,UC .4 V nv; :III!' IIIII !Till CIIIII III! !till 111111 III 11111 III) ill! 2744907 01/18/2000 01:40P JA Suki Tsukamota 6 of 6 R 30.00 0 0.00 Weld County CO EXHIBIT B Recorded Exemption No. RE -2611 Legal Description: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN (18), TOWNSHIP TWO NORTH, RANGE SIXTY-SEVEN WEST, OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE. OF. COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AMENDED LOT A, RECORDED EXEMPTION NO. 1311 - 18 - 3 - RE477 ACCORDING TO THE RECORDED PLAT THEREOF. WELD COUNTY RECORDS. THUS DESCRIBED LOT CONTAINS 7.993 ACRES MORE OR LESS. x.m a,: ce.. Ea..n en' .ep al JescnptM rel.' I n nr 1. V Fvi GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this /9' day of January, 2000, between THE TOWN OF FIRESTONE, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado (hereinafter "Grantor"), and HEARST J. AND NANCY A. PRESSLY, whose address is 6075 WCR 20, Longmont, Colorado, 80501 (hereinafter "Grantee"). WITNESSET H: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) paid to the Grantor by the Grantee, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell, convey and quit claim unto the Grantee, its successors and assigns, forever, the following: A non-exclusive, perpetual easement for ingress and egress, with the right to construct, install and thereafter use, repair, maintain, and replace a vehicle access roadway, on, over and across that certain real property owned by Grantor and described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Access Easement"). SUBJECT TO the following terms and conditions: 1. The Access Easement shall benefit and be appurtenant to, and shall be used solely for ingress and egress to, the property described on Exhibit B, attached hereto and incorporated herein by this reference. The Access Easement shall not be used for access to any property other than that described on Exhibit B. The Access shall be used solely for residential and agricultural uses and for not more than two (2) dwelling units. 2. Grantee shall be permitted to install within the Access Easement a hard- or soft -surface access roadway and related surface facilities, such as borrow ditches and/or drainage culverts. No underground facilities other than drainage facilities shall permitted within the Access Easement. Grantee shall obtain Grantor's written approval of any improvements to the existing facilities within the Access Easement prior to the commencement of such improvements. Grantor may require reasonable modifications to any such proposed improvements. 3. Grantee shall at its expense maintain the access roadway and related facilities in a good state of repair and efficiency. Grantee shall have the right at its sole expense to plow, maintain, and repair the access roadway and facilities installed within the Access Easement, and 1 to keep such roadway and facilities in passable and proper condition for their intended uses. Grantee shall not plow snow onto any improved portion of Grantor's property, and shall store snow as directed by Grantor. 4. Grantee shall have no right to fence the Access Easement or to erect any barrier, gates, or guards thereon without the prior written consent of the Grantor. 5. Grantee at its sole expense shall restore the surface of any areas not occupied by the access roadway or related facilities, and shall restore any landscaping, structures, or other improvements located on the Access Easement, to the conditions that existed immediately prior to the commencement of any of Grantee's activities permitted hereunder. 6. Grantor reserves the right to use and occupy the area of the Access Easement for any purpose which will not unreasonably interfere with or endanger any of Grantee's facilities permitted hereunder. Grantee specifically acknowledges that Grantor shall have the right to improve the surface of the area of the Access Easement with hard - or soft -surface trails, landscaping, and other recreational facilities. Grantee shall restore any such trails, landscaping and other facilities damaged by Grantee's activities permitted hereunder to the condition that existed immediately prior to the commencement of such activities or, at Grantor's option, pay the actual damages to such items caused by Grantee's activities. 7 Grantee shall be solely responsible for all damages to persons or property which may in whole or part be caused by the Grantee or its agents or employees, or which may result or arise in whole or part from their activities performed or permitted hereunder. Grantee will indemnify and hold harmless the Grantor, its elected and appointed officials, and its employees, agents and representatives, from any and all liability, damage, loss, cost or expense, including but not limited to attorney's fees, which the Grantor, its elected and appointed officials, and its employees, agents and representatives may suffer as a result of any and all claims, demands, actions, costs or judgments made or brought against them by any person or entity, and which arise either in whole or in part out of Grantee's activities performed or permitted hereunder. The Grantee shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims and demands. By demanding this right of indemnification and defense, Grantor in no way waives or intends to waive the limitations on liability which are provided to Grantor and its employees 2 under the Colorado Governmental Immunity Act, C.R.S. §24- 10-101 et. seq. The Grantee's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Grantor. 8. The property rights granted herein shall be transferable by Grantee only with prior written consent of Grantor, which consent shall not be unreasonably withheld. 9. The easement granted herein shall be subject to all restrictions, easements, and ownerships of record and/or apparent on the ground. 10. This Agreement and the rights and obligations herein shall inure to the benefit of and be binding upon the parties and their respective representatives, successors and assigns. All of Grantee's obligation hereunder shall apply with respect to initial installation and all future operation, maintenance, repair and replacement of the roadway access and related facilities permitted within the Access Easement. 11. Any contractors performing work in the Access Easement shall be licensed contractors in the Town of Firestone in accordance with Chapter 5.20 of the Firestone Municipal Code. 12. This grant shall not excuse Grantee for any obligation to obtain a street cut permit in accordance with Chapter 12.08 of the Firestone Municipal Code and to otherwise comply with the requirements of that Chapter. IN WITNESS WHEREOF, the Grantor and Grantee have executed this Deed on the date first above written. GRANTOR: TOWN OF FIRESTONE ATTEST: Qysl°ittcoviNNF '• ( , 9OUN L. Peterson, Acting Town Clerk ick •atterson, Mayor 3 GRANTEE: HEART J. AND NANCY A. PRESSLY STATE OF COLORADO COUNTY OF ( 3(.dcl )ss Hearst Pressly I -�cd1 (� �f ✓Jtaa( Nancy Vii. Pressly The foregoing Grant of Easement and Agreement was acknowledged before me this i3ek day of January, 2000, by Rick Patterson, as Mayor of the Town of Firestone and T.L. Peterson, as Acting Town Clerk of the Town of Firestone. My commission expires on: (S E A L) STATE OF COLORADO COUNTY OF Weld Witness my hand and official seal. •s o- Expires %7 02002 C otary Public )ss The foregoing Grant of Easement and Agreement was acknowledged before me this 13“, day of January, 2000, by Hearst J. Pressly and Nancy A. Pressly. My commission expires on: (S E A L) Witness my hand and official seal. 'eg 7113/2r:r� ' QL dlk O-(1-4kO 1 ataxy Public 011100/1010)sj1)F:\Users\Sam\WPDocs\Fireston\Pressly 4 EXHIBIT A 20' Joint Access Easement Lots A & B, RE -2611, Weld County, Colorado Legal Description: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN (18), TOWNSHIP TWO NORTH, RANGE SIXTY-SEVEN WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE, OF. COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF AMENDED LOT A, WELD COUNTY RECORDED EXEMPTION NO. 1311 - 18 - 3 - RE477, FROM WHENCE THE NORTHWEST CORNER OF SAID AMENDED LOT A BEARS N00°53'25"W A DISTANCE OF 236.93 FEET, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88°27'57"W A DISTANCE OF 225.89 FEET TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD THIRTEEN; THENCE ALONG SAID EASTERLY RIGHT -Of -WAY LINE S00°54'51"E A DISTANCE OF 20.02 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY S88°27'57"E A DISTANCE OF 196.93 FEET; THENCE S46°10'05"E A DISTANCE OF 40.71 FEET TO THE EAST LINE OF SAID LOT A; THENCE ALONG SAID EAST LINE N0°053'25"W A DISTANCE OF 47.44 FEET TO THE POINT BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 0.113 ACRES MORE OR LESS. Joint Access Easement Legal Desenp4an.wpd 1/6/00 (4:36 PM) EXHIBIT B Recorded Exemption No. RE -2611 Legal Description: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN (18), TOWNSHIP TWO NORTH, RANGE SIXTY-SEVEN WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE, OF. COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AMENDED LOT A, RECORDED EXEMPTION NO. 1311 - 18 - 3 - RE477 ACCORDING TO THE RECORDED PLAT THEREOF, WELD COUNTY RECORDS. THUS DESCRIBED LOT CONTAINS 7.993 ACRES MORE OR LESS. Joint Access Easement Legal Descdplon.wpd 1/6100 (4:38 PM) II77LE-0I.DOL' HASCALL SURVEYS INC LAND SURVEYORS AND CONSULTANTS 1132 NORTH MAIN STREET LONGMONT, COLORADO 80501 (303) 6788324 20' JOINT ACCESS EASEMENT LOTS A & B LEGAL DESCRIPTION December 29, 1999 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN (18), TOWNSHIP TWO NORTH, RANGE SIXTY-SEVEN WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE. OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF AMENDED LOT A, WELD COUNTY RECORDED EXEMPTION NO. 1311 -18 - 3 - RE477, FROM WHENCE THE NORTHWEST CORNER OF SAID AMENDED LOT A BEARS N00°53'25"W A DISTANCE OF 236.93 FEET, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88°27'57"W A DISTANCE OF 225.89 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD THIRTEEN; THENCE ALONG SAID EASTERLY RIGHT-OF- WAY LINE S00°54'51"E A DISTANCE OF 20.02 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY S88°27'57"E A DISTANCE OF 196.93 FEET; THENCE S46°10'05"E A DISTANCE OF 40.71 FEET TO THE EAST LINE OF SAID LOT A; THENCE ALONG SAID EAST LINE N00°53'25"W A DISTANCE OF 47.44 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 0.113 ACRES MORE OR LESS. A. MICHAEL HASCALL, COLO. PLS. NO. 23500 DATE: I/L`'/9`f / ca�P q ¢ °d 23500° .o= W t di/°6%441 Lnt iiryNlrlu!;;;;!!!o1 7.993 ACRES TOTAL 255.90 20' JOINT ACCESS EASEMENT LOTS A & In O O n N N W N N A U i _ N 4 m e u> N89'42'08"E (BASE OF BEARINGS X 358.39 SE 171 2.000 ACRES N89'42'08"E 588'27'57"[ 225.89 -- . �1 0 N z N O om • m> (p- N C -H rn r 0 c� 0 c z -1 0 z O CM rc •N_ ma ow€ 41. S A A6. O> C/A NSF ti — 30.00 9 is N N x 1.0 360.92' 20' ACCESS EASEMENT EXISTING GRAVEL ACCESS ROAD x A LOT B 5.073 ACRES X ce �I SHED x LOT A 2.920 ACRES 370.91' CD O1 >SW N N US N90'00'00"W (0T 6' f x z EXISTING FENCE O MONUMENTS FOUND AS DESCF • FOUND 1-1/2" ALUM CAP LS • NO 5 REBAR/CAP SET LS 23' RIGHT TO FARM COVENANT WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES. THE RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT THEY ARE "'TENSIVELY USED FOR AGRICULTURE. PERSONS MOVING INTO A 'AL AREA MUST RECOGNIZE THERE ARE DRAWBACKS, ..LUDING CONFLICTS WITH LONG-STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES THAN IN TOWN. AGRICULTURAL USERS OF THE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA. WELL RUN AGRICULTURAL ACTIVITIES WILL GENERATE OFF -SITE IMPACTS, INCLUDING NOISE FROM TRACTORS AND EQUIPMENT; DUST FROM ANIMAL PENS, FIELD WORK, HARVEST, AND GRAVEL ROADS; ODOR FROM ANIMAL CONFINEMENT, SILAGE, AND MANURE; SMOKE FROM DITCH BURNING; FLIES AND MOSQUITOES; THE USE OF PESTICIDES AND FERTILIZERS IN THE FIELDS. INCLUDING THE USE OF AERIAL SPRAYING, DITCHES AND RESERVOIRS CANNOT SIMPLY BE MOVED "OUT OF THE WAY" OF RESIDENTIAL DEVELOPMENT WITHOUT THREATENING THE EFFICIENT DELIVERY OF IRRIGATION TO FIELDS WHICH IS ESSENTIAL TO FARM PRODUCTION. WELD COUNTY COVERS A LAND AREA OF OVER 4,000 SQUARE MILES IN SIZE (TWICE THE STATE OF DELAWARE) WITH MORE THAN 3,700 MILES OF STATE AND COUNTY ROADS OUTSIDE MUNICIPALITIES. THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINT MORE THAN ON PATROLS OF THE COUNTY AND THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCES. AND FIRE. FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO EMERGENCIES. COUNTY GRAVEL ROADS, NO MATTER HOW OFTEN THEY ARE BLADED, WILL NOT PROVIDE THE SAME KIND OF SURFACE EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIAL MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM, SNOW REMOVAL FOR ROADS WITHIN SUBDIVISIONS ARE OF THE LOWEST PRIORITY FOR PUBLIC WORKS OR MAY BE THE PRIVATE RESPONSIBILITY OF THE HOMEOWNERS. SERVICES 'URAL AREAS, IN MANY CASES. WILL NOT BE EQUIVALENT TO ,ICIPAL SERVICES. CHILDREN ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN IN URBAN OR SUBURBAN SETTING. FARM EQUIPMENT AND OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES, ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT OPERATIONS, HIGH SPEED TRAFFIC. SAND BURS. PUNCTURE VINES, TERRITORIAL FARM DOGS. AND LIVESTOCK PRESENT REAL THREATS TO CHILDREN. CONTROLLING CHILDREN'S ACTIVITIES IS IMPORTANT. NOT ONLY FOR THEIR SAFETY, BUT ALSO FOR THE PROTECTION OF THE FARMER'S LIVELIHOOD. NOTES: I) ALL PROPOSED OR EXISTING STRUCTURES WILL OR DO MEET THE MINIMUM SETBACK AND OFFSET REQUIREMENTS FOR THE ZONE DISTRICT IN WHICH THE PROPERTY IS LOCATED. PURSUANT TO THE DEFINITION OF SETBACK IN THE WELD COUNTY ZONING ORDINANCE (ORDINANCE 89, AS AMENDED), THE REQUIRED SETBACK IS MEASURED. FROM THE FUTURE RIGHT-OF-WAY LINE. 2) ANY FUTURE STRUCTURES OR USES ON SITE MUST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS. 3) THE APPROVED CONFIGURATION OF LOT A DOES NOT CONSTITUTE JUSTIFICATION FOR FURTHER LAND SPLITS. 4) PRIOR TO THE ISSUANCE OF A RESIDENTIAL BUILDING PERMIT ON LOT B OF THE RECORDED EXEMPTION, THE APPLICANT FOR THE BUILDING PERMIT SHALL BE REQUIRED TO SUBMIT TO THE DEPARTMENT OF PLANNING SERVICES EVIDENCE THAT THE LOT HAS AN ADEQUATE WATER SUPPLY OF SUFFICIENT QUALITY, QUANTITY, AND DEPENDABILITY. 1OULD NOXIOUS WEEDS EXIST ON THE PROPERTY OR JME ESTABLISHED AS A RESULT OF THE PROPOSED DEVELOPMENT, THE APPLICANT/LANDOWNER SHALL BE RESPONSIBLE FOR CONTROLUNG THE NOXIOUS WEEDS, PURSUANT TO ORDINANCE 169A. 6) PRIOR TO THE RELEASE OF BUILDING PERMITS ON LOTS A OR B, THE APPLICANT WILL BE REQUIRED TO SUBMIT A RECORDED DEED DESCRIBING THE LOT UPON WHICH THE BUILDING PERMIT IS REQUESTED WITH THE BUILDING PERMIT APPLICATION. THE I Fcn, nrcroionn., .... ,',,.... .,.,.- _ RECORDED EXEMPTION NO. RE - 2611 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN, TOWNSHIP TWO NORTH, RANGE SIXTY-SEVEN WEST OF THE SIXTH PRICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION EIGHTEEN, TOWNSHIP TWO NORTH, RANGE SIXTY-SEVEN WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS: AMENDED LOT A. RECORDED EXEMPTION NO, 1311 - IS - 3 - RE477 ACCORDING TO THE RECORDED PLAT THEREOF, WELD COUNTY RECORDS. THUS DESCRIBED LOT CONTAINS 7.993 ACRES MORE OR LESS. PROPERTY OWNER'S CERTIFICATE: I (WE). THE UNDERSIGNED, BEING THE SOLE OWNER(S) IN FEE OF THE HEREON DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I (WE) UNDERSTAND THIS PROPERTY IS LOCATED IN THE WELD COUNTY ZONE DISTRICT "A" AND IS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY USES, AND USES BY SPECIAL REVIEW. I (WE), DO HEREBY DEDICATE, FOR THE BENEFIT OF THE PROPERTY (TES) SHOWN OR DESCRIBED HEREON, EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON. HEARST PRESSLY NANCY PRESSLY THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2000. MY COMMISSION EXPIRES NOTARY PUBLIC WITNESS MY HAND AND SEAL THIS PLAT IS ACCEPTED AND APPROVED FOR FILING. DEPARTMENT OF PLANNING SERVICES DIRECTOR BASE OF BEARINGS: THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION IS, T2N, R67W 6TH P.M. AS MONUMENTED AND SHOWN HEREON IS ASSUMED TO BEAR NB9'42'OB"E. SURVEYOR'S CERTIFICATE: I, A. MICHAEL HASCALL, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS RECORDED EXEMPTION PLAT WAS PREPARED UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF" REGISTRATION FOR PROFESSIONAL ENGINEERS ANT) PROFESSIONAL LAND SUR"IEYOE AHD WELD COUN IY. A. MICHAEL HASCALL COLORADO PLS 23500 DATE: m Cu N , 0 i S J' DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES April 5, 2013 Michelle Martin Weld County Planning Services Transmission via email: mmartinco.weld.co.us John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director Re: Jaquish Family, USR13-0011 Part of the NW1/4 of the SW1/4 of Section 18, T2N, R67W of the 6th P.M., Weld County Water Division 1, Water District 5 Dear Ms. Martin: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The application is a site specific development plan and use by special review for a child care center in the agricultural zone district. From the documents submitted, this will be a large in -home daycare with one employee other than the owner and up to 10 children. The proposed water supply is an existing well that was issued an exempt -commercial well permit, no. 290532, on March 21, 2013. Exempt -commercial wells are limited to drinking and sanitation uses only inside one commercial business. This type of permit is adequate for the requested use by special review. As the well was completed in the nontributary Laramie -Fox Hills aquifer, and a previous analysis showed that there are 60 acre-feet (0.6 acre-feet per year assuming a 100 -year aquifer life) underlying the property, the applicant could apply for a non-exempt well permit for commercial uses as well as additional uses, such as lawn and garden irrigation. Well permit applications are reviewed at the time they are received in this office. This office does not objection to the proposal so long as the permit conditions are complied with. The applicants are currently restricted to uses inside the business. Should you have any questions, please contact Tracy Kosloff of this office. Sincerely, Joan Williams, P.E. W r Resource Engineer cc: permit no. 290532 (3658932) 1 Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303866-3581 • Fax: 303-866-3589 www.water.state. co.us Hello