HomeMy WebLinkAbout1.0 ApplicationSffi
wniHm^
ai
Gartreld County Planning Department
o% Commissioner John Martin
Glenwood Springs, Colorado 81601
Dear Commissioner Martin:
a
July 22,2002
'Ihe Sunlight Mountain Properties, LI C operating as the Sunlight Mountain
Inn, located at 10252 County Road (Section 33)desires to add iour additi,rnal
detached cabins to its existing20 room lodge. At this tirne we need to cietermine an
appropriate course of action to gain Garfiel$ County approval for the desired
additions.
APPLICATION OF
SUNLIGHT MOUNTAIN PROPERTIES, LLC
FOR DETACHED CABINS.
. The units we desire to utilize are Stervart ,ld*.r, quality rustic park cabins
manufactured in Delta, Colorado, and they do not seem to fit various Code
categories of the County..(See attachment "A" with pictures and floor plan.). The
units to he added are Sieward Lodge 2, size 12x36 or 72x42 as shown in the
enclosed manufacturers pan-rphlet
Placement would be upon the flat area on Inn property zoned as Commercial
and part cf the approximately 1.75 total acres. In the past this site on the S.E. corner
of the property was used as a skating rink. (See attachment "B".) Access; ramps and
steps vriii be part of the site layout to be prepared by a profbssicnal engineer or
architect or other qualified person.
The Hotrrs of operation will be the same as the Sunlight Mountain lnn, a year
round lodging facility.
Vehicles transporting cabin users will use the sa.me parking area presently
used for the Inn and served by CR 1 17. (See attachment "B").
10252CountyRoadllT.GlenwoodSprings,C0 81601a(970)945-5225.(800)133-4757.Fa:i(970) 947-1900
oa)u)S\r\J*r
\Q)t-(
a\S.aa
\
ohSt!lrhr
\si)SHt\ip
L
\D
i
Commissioner John Martin, July 23, 2OO2, page Z.
Water for the project cornes from the existing u,ell providing water to the
Inn. It was recently inspected by the State Health Department and found in
compliance. .Sewer will attach to thd present Sunlight Mountain treatment facility
a1d be part of the expanded plant recommended to the State Health Department by
the County Commission.
. Attachment "c" is a vicinity Map indicating the slope of the property.
The Assessor Map showing ill public and private land owners adjacent to the
Sunlight lVlountain Property indicated there are 9 adjacent orvners. A list of names
and add;esses is attachment "D".
A copy of the Deed and Legal Description is attachment,.E,,.
The addition of these lodging units will increase the value of the property and
will be beneficial to the recreational activities at and near Sunlight nEouniain. ft-
1pf:u1t_t9 us that the proposal does not fit into any of the categories listed in the
Crrrfiekl County Code.
This letter is to determine if an option is to use Section s]o:.0g, which
addresses "Uses Not ltemized'. lhavediscussed this with commissioner John t
Martin. I am forwarding this letter through him to the Planning. Departme:nt to
determine what additional information is necessaD/ to rlove ofitris project forward.
Pierre DuBois, Owner/Innkeeper
Sunlight Mountain Inn & \
Partner,
Sunlight Mountain Properties, LLC.
Attachment "A" -- Stewart Cabin Information.
Attachment "B" -- Site plat, parking, Cabin Site on property.
Attachment "C" -- Vicinity Map with slope indications.
Attachment "D" -- Assessor vicinity names and addresses.
-Attachment "E" -- Deed and Legal Description
o
7
RECBIVED
Ail,l 0 1 2003
GARFIELD COUNTY
BUILDING & PLANNING
SIJNLIGHT MOIJNTAIN INN
SPECIAL IJSE APPLICATION
Sunlight Mountain [nn
10252 County Road 117
Glenwood Spgs , CO 81601
Part I - Background Information
I
I
T
I
I
I
I
I
I
I
t
I
t
I
I
I
I
I
T
T
I
I
I
I
T
I
I
T
T
I
T
I
I
T
I
I
t
t
ATTACHMT,NT 66 \"
t.K
T
t
T
I
I
t
I
I
I
I
T
t
T
I
I
T
T
I
I
w
Send in your photos for next years contest!
o-gg9-8243
tewarwww'stewary
Qualit5
t
I
t
T
T
I
T
I
I
t
I
t
t
I
I
n
I
I
!
Stcw.rt Lodgcs i3 a 3ubsidiary of WhGll Eatatc Salrr a Scrvicc, IIlc.
Urh.t'sAParkTrailcr? lWhat'3Ncw lPhotoGallery lFinancing lAccri.ories lContactUs lHofilCilodcl.: Stcwlrt Lodgcs I ADA DcaiJns I Cozy C.bin3 I Huhiplc unitr I B.th Hou6e5
@ 2OO1 yvhael Ettatc SalE3 & Scruicc, lnc. All rirJhB rcJcrrcrt
Stewart Lodget
4561 Stcwart R.oad
Ochlockncc. Georgia 31733
1.8OO,989.t2a3 toll trc.
229-227.9868 tax
I
I
03/s4/28A2 1E:45 9788749521.STEWART LDDGES PAGE E1
lr.n
t
I
I
I
t
I
I
I
I
t
t
T
l
t
T
T
}f
x
t.#
\f
\r
v
x
Y
Cclllng: UF 8R T&G Wrllr; lrtlP SS
Llrt Op0onr & Prke
JotrlFdca: Bace & Nl
I9! Arc rn6rckup Hcet
t-?IE0 BTIJ Wrll to.,r* ArC,i,fic"t
outlun,l.wr[ Arc
Fm Oarr Ed rts-- Lr
Denver Post Photos / Shaun Stanley
btewart Lodges worker Luis Luna stands under the roof section of a began production in February, makes lodging for the campground
building beii'g manufactured at the plant in Delta. The piant, which industry and has boosted the economy of the Delta area'
seltaplant growth
outpacing foreces€
Stewart Lodges a boon for rurai area
By Lori Cumpston
Special to The Denver Post
Stewart Lodges' piant in Delta
will double its projected workforce
to about 300 employees in the next
five years - a pace well beyond
expectations and a success story
for rural Colorado.
A payroll incentive program
through the state Economic Devel-
opment Commission required the
company to employ 150 workers by
2007. But the piant, which manu-
factures lodging for the eamp-
ground industry, is expected to
meet thai requirement next year.
"We will probably be at 150 by
the end of next year," said Randy
Stewart Sr., chief executive of
Stewart Lodges, based in Georgia.
The plant, which began Produc-
tion in February. was originallY
slated to be built in Montrose. But
lower development costs and a
more available workforce PromPt-
ed Stewart to locate the facility in
a 40-acre farm field on Colorado 92
east of Delta.
The plant is expected to PumP $6
million in wages annually into the
iocal economy at full emPloYment,
based on the new projections Pro'
vided by Stewart. The eounty, utili-
ty companies and manY Private
businesses anted up in-kind contri-
butions to help build roadways arrc-Emplo1ree
Wayne Ake, foreground, cuts wood siding to size as other
I'++iKels assemble cabins. The Stewart Lodges assembly piant be-
Ilan proouction in February.Please see STEWART o;4C l
I
I
T
T
t
t
T
t
I
T
I
T
I
I
I
I
T
I
I
ATTACHMENT 6EB))
I
I
T
I
T
t
I
I
I
I
I
I
T
I
t
I
T
T
T
otoe
a
a
f-a*
$x
\)
?
?.
t-i;jt
!F.Jrl
-{
r$,\ls:
4. ,ncl
I
.}+}Jrl:5 Iolol
(i
X- cr(, \J
=?s \ltlj x\\:_q
\ \t*
Q-*+
,rl
iftfi,'l"u
r-lrsJs afir.r t [d*,lt &*r !s. BZ ff
i
I
I
!
II
I
I
I
i
rl.rl
-I
I
I
:
t
I
I
I
t
I
I
I
I
t
t
I
I
I
I
I
I
I
I
ATTACHME,NT (6{\A))
Attachment C. - Topo Map on File with
Building & Planning Department.
lr
t:
t:
t:
lr
lr
lr
lr
lr
lr
lr
lr
I
I
T
I
I
I
I
I
I
I
T
I
I
I
I
I
t
I
I
I
I
I
I
ATTACI-IMENT 66D"
l:
l:
t:
lr
lr
lr
lrrl
t
T
I
Assessors Map--All Public and private
Land Owners Adjacent.
(l)Sterling Family I LLC
(2)John M. S.terling
704 Skipper Ln
Carbondale, CO 8 1623-8800
(3)Leonard L.orentson
P.O. Box 932
Kokomo, IN 46901
(a)Todd Leahy
925 (Forest Service Rd) County Road 300
Glenwood Springs, CO 81601
(S)Brigharn, Walter S. & Darlene K.
(6)Sunlight Inn & Realty, LLC
(7)Brigham, lValter B.
10256 CountvR.oad ll7
Glenwood Springs, CO 81601
(8)Ski Sunlight, Inc.
10901 CountyRoad ll7
Glenwood Springs, CO 81601
(9)Brettleberg Condos
I I l0l Countu Road I 17
Glenwood Springs, CO 81601
T
ATTACHMENT E(E))
-
ze
=
.a6
.t
oF
Nt4cl
"'l:lEI
3l
NN
.tsI\NtlttAIN3=q, 19
:}t3+o6JltU9o,-
IIJ ts
olo
IPIrIT'
l;-
t:IE16l=
tt
t
ti
t
t
t
t
rl
t
t
t
t
I
I
I
I
)
WARRANTY DEED
. THIS D_8.4P-r^{9€-on this day of Decqnrber 14,,200t ,bet!,een RAINBOWHOSPITALITY, INC---
of the :^!:yl!L_of- ,qAIFIPD and state of Colorado _, of the crantor(s), andsuNLIcIfmi6UNtA-iIi-FRoPERrlEs. lffip ilasiLirV co- I-.-
whose [ega[ address is :of the
WITNESS, That the Grantor(s), for and in consideration of the sum of (
*** Six Hundred Thousand and 00/100 r'**
the receipt and sufficiency of xhich is hereby acknortedged, has granted, bargained,presents does grant, bargain, setl, convey and confirm unto the Grantee(s), his heiisreatfroLerty, together uith improvements, if any, situate, lying and being in the _
$600,000.00 )
DOLLARS
sotd and conveyed, and by these
and assigns forever, atI the
County ofGABEIELD and state of cotorado, described ai fottous:SEEEffiRETo AND MADE A PART HERBoF
atso known as street nunber
sett and convev the sime in minner and foim is aroi"suia,li.'i-irii,'iri; ffi;'"r"-ti""'"^a';il;l';l;""ii"'iil,nXi'lli"l,nu.grants, bargains, sates, !i9l"r-!g-:,--?!!9s!!9n!!r encurnbrances and restrictions of whatever kind or nature soever,ExcEPT GENERAL TAxEs AND AssEssMENTs Fo_R TriE YEAR 2ool AND suBsueuaNT veefli, etro susircr id Eicnprror.rsATTACHED HERETO AND INCORPORATED HERBIN.
TOGDTHER t'lith att and singutar and hereditaments and appurtenances thereto betonging, or in anywise appertainingand the reversion and fevefsions, femainder and remaindans .".t" i<cilac and nrafirc rl,-.-^+. 6^,{ ^tr +L^ ^-}^.^ -:^L.
rrrrrrrrJremainder and remainders, rents, issues and profits thereoi; and att the esiate, righlr Er€r -1vrr., I E[ts.rrqsr crrs I sxlclllqel-s, renf s, lSsUeS ano pfotltS tnefeof ,. an(l at L the estate, f ighttitte interest, claim and demand whatsoever of the Grantoris), eiiher in l.aw or equity, of, in and to the above bargainedpremis_es, qlJh tle hereditaments and appurtenances;qrrYr LLrrsrrvri,
19_Itv_Itll19Y9_LD__.h:.:aid premises above.bareained and.desribed with appurrtenances, unto the Grantee(s),his heirs and assigns forever. The crantor(s), for himself, his trelrs and personit l-!fr..unt"tives, does "ou"nuil)'6iun,,bargain, and agree to and rith the Grantee(s), his heirs end assigns, that at the timl of the enseating and detivery
:j":l:":.Pi::illi:_ll i:_r:lL ":j.:9-"1,!!e premises above conveyid,'has sood, sure, perfect, absorute and indefeasibreestate of inheritan"u,_lt.lr::_]l_f::-"iry1e, and has good right, futt porer ina tanrlt authority to srant, bargain,setl and convey the ssme in manner and foim as aforesaid. and-that the same are fnae anrt rtnqr {nam ott r^^^^^ -^d ^
The Grantor(s) shatI and uil,l, UARRANT ANo F0REVER DEFEI,ID the above barqained oremises in the ouiet and oeaceabtepossession of the crantee(s), his hei.or any part thereof. The singutar n.shatl be appticabte to atI gender
IN WITNESS WHEREOF tha
Fi ted for record the _day of_,A.D. _, at_orctock_t4 RECoRDERRecept ion No' , By-DEPUTY.
ttttttttttttti
ttii
t
EXHIBIT A
A TRACT OF LAND STTUATED rN THE SW1/4NW1/4 AND THE NW1/4SWL/4 OF SECTTON 33,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPATJ MERIDIAN, LYING
SOUTHERTJY OF THE SOUTHERT,Y RIGHT OF WAY I,TNE qF A PUBTJTC ROAD AS CONSTRUCTED
AND IN PIJACE, SAID PARCEI, OF tAND DESCRIBED AS FOLLOWS
BEGINNING AT A POTNT WHENCE THE SECTION CORNER COI'O.TON TO SECTIONS 27 , 28, 33
AND 34 IN SAID TOWNSHIP AND RANGE BEARST
N 54 DEGREES 57 I OOIT E. 5285.10 FEET;
THENCE N. ?2 DEGREES 44' ,15" E. L52.48 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF
SAID ROAD,
THENCE CONTINUING ALONG SAID ROAD ON THE BOT.LOWING COURSES,
N. 65 DEGREES 39I 2OIt E , L76.60 FEET;
THENCE N. 81 DEGREES OO' 35N E. 89.89 FEET;
THENCE S. 65 DEGREES 03r 51rr E. 92.50 FEET;
THENCE S. 44 DEGREES 57I 3511 E. 2L6.11 FEET;
THENCE DEPARTING SAID COI'NTY ROAD S. 73 DEGREES 59' 43'] W. L87.27 FEET;
THENCE N. 27 DEGREES 30I OOII W. 55.00 trEET'
THENCE N. 83 DEGREES 59I OOII W. 215.00 FEET;
THENCE S. 55 DEGREES 53I 3OII W. 1O5.OO FEET;
THENCE N. 59 DEGREES 30 t 2OII $I. 88.00 FEET;
THENCE N. 35 DEGREES 271 1O'' W. 5O.OO FEET TO THE POINT OF BEGTNNING.
AI.SO DESCRIBED AS:
A TRACT OF LAND STTUATED rN THE SW1/4NW1/4 AND THE NW1/4SWL/4 OF SECTTON 33,
TOWNSHIP ? SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING
SOUTHERLY OF THE SOUTIIERLY RIGHT OF WAY LINE OR A PUBLTC ROAD AS CONSTRUCTED
AND TN PLACE, SAID PAREEL OF LAND IS DESCRTBED AS FOLLOWS:
BEGTNNING AT A POINT WHENCE THE SECTION CORNER COIOION TO SECTIONS 27, 28, 33,
AND 34 IN SAID TOWNSHIP AND RANGE BEARS 3
N. 64 DEGREES 5?' 00r' E. 5286.10 FEETT THENCE N. 72 DEGREES 44r 46tt E. L52.48
FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD, TSENCE N. 55 DEGREES
39' 2ON E. L76.50 FEET ALONG THE SOUTHERT,Y RIGHT OF WAY LINE OF SAID ROADI
THENCE N. 81 DEGREES OO' 35II E. 89.89 TEET ALONG THE SOUTHERT,Y RIGHT OF WAY
LINE OF SAID ROAD; THENCE S. 56 DEGREES 03r 51n E. 92.50 FEET ALONG THE
SOUTHERLY RIGHT OB WAY [JINE OF SAID ROAD; THENCE S. 44 DEGREES 57r 36tr E.
2L6.LL FEET AT.ONG THE SOUTHERLY RIGHT OF WAY LINE OF SArD ROAD; THENCE S. 58
DEGREES 33I 34II E. 155.35 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID
ROAD; THENCE S. 19 DEGREES 27' 2511 W. 341.98 F'EET; THENCE N. 55 DEGREES 40t
1911 W.250.52 FEET; THENCE N. 52 DEGREES 041 07" W. L49.46 FEET; THENCE N. 7L
DEGREES 25r 23n W. 67.09 FEET; TIIENCE N. 79 DEGREES 44r 09r' W. 99.37 FEET;
THENCE N. 58 DEGREES 55' 00rr W. 100.97 FEET; 'THENCE N. 27 DEGREES 51t 05r' W.
45.67 FEET; THENCE N. 56 DEGREES 13' 38n W. 61.35 FEET; THENCE N. 37 DEGREES30r 20tr W. 30.93 FEET; THENCE N. 18 DEGREES 16' 43x E. 40.45 FEET TO THE POINT
OF BEGINNING.
ALSO DESCRIBED .[S:
LOT 1
SUNLIGIIT INN EXEUPTION
AT THE PT,AT RECORDED APRIL 7, 1988
AS RECEPTTON NO. 390977.
COUNTY OF GARFIELD
STATE OF COLORADO
c],/?37412
I
I
t
I
I
I
I Part II - Response to Request for
I Additional Information
t
I
I
I
I
T
I
I
I
I
I
Mr. Fred Jarman, Sr. Planner
Garfield County
Building & Planning Departrnent
108 - 8u Street, Ste. 201
Glenwood Springs, CO 81601
The folloudng is our.best effort response to your July 2,2003, letter commenting
on our original Special UseJermit Application of February 21,2003. The application is
for the addition of four pfefabricated cabin units on properly where the present Sunlight
Mountain lnn is located and operaled as a 20 room Country lnn/Bed & Breakfast.
5.02.04- The originat application has been submitted and is in the hands of County
officials and is presently deemed to be "incomplete."
5.02.05 - A revised site plan has been submittid by Raul Gawrys. . ( 1) The Plan shows
access to Garfield County Road 117. (2) The site is on the existing Sunlight Mountain,
Inn property - a welldrained site & free of stagnant pools of water. (3) Layout - See site
plan as submitted- .
5.02.07 - Site Requirements - The four cabins will be placed on land adjacent to the
present Inn and are suppler.nental to existing Inn rooms. (l) Setback distances are shown
on the site plan. (2) Not applicable.
5.02.08 and 5.02.10 - Water Supply & Distribution - From our original application:
"(ltilities adequate to provide water and sanitation based on accepted engineering
standards and apprwed by the Board ofComty Commissioners shall eitlwr be in place
ar shall be constructed in conjunction with the proposed use.
On June 25 we provided your office wittr in amended well agreement, florv
documentation, and water augmentation application which should assure a safe, approved
domestic watei supply.
5.A2.ll - Fire Protection: General Requirements. - Each cabin shall havJsmoke
detectors, appropriate fire extinguishers and telephone service for detecting, fighting and
reporting a fire. Existing Inn rules prohibit open fires and candles, except for special
occasions supervised by an Innkeeper.
5.02.13 and 5.02.15 Sewage Disposal. All Units shall be attached to tlre Sunlight
Sewage facility. See the attached letter regarding our participation.
g'
10252 County Road 117 . Gienwood Springs, C0 81601.(970) 945-5225. (800) 733-4757 . Fax (970) 941-lW
I
I
I
I
I
T
I
l'
t
T
I
July 23,2003
Page two
Mr. Fred Jarman
5.02.16 - Electrical Distribution. All Stewart Cabins are manufactured with all electrical
service complete, only needing hookup at the main panel to be operational. Either a 400
amp or 200 amp service to the Inn & cabins will be installed according to all required
codes.
5.02.17 Service Buildings. - Each of the four cabins are sleeping units with complete
bathrooms and kitchens. The only service Building will be the existing Sunlight
Mountain Inn where management offices and some storage will be located. While the
cabins are located a short distance from the main Inn building their facilities will be the
same or improved over existing lnn activities.
5.02.18 - Not applicable.
5.02.19 Supervision - General Requirements. The owners, Innkeepers live on the
premises and are responsible for all operations.
Guests staying at the Inn, including cabins, are responsible for their conduct. The
Inn provides daily maid service and trash removal. No pets are allowed at the lnn and
pest control is the responsibility of the Inn management. A professional pest control
contractor service is hired. " . .
5.02:20- Misc. Regulations - Not applicable.
In addition you have required setback distances from live streams (Four Mile
Creek). Please review the amended site plan which points outthehigh water mark of
Four Mile Creek andthe 30 feet setback.
We hope this information completes our application. Please contact us if you have '
questions or other concerns.
I
I
I
I
V\--'
etchenn and Pierre DuBois
lnnkeepers
Pdb/
I
t
I
T
Part III - Water Information
I
I
t
I
T
I
I
I
T
t
I
I
t
T
I
T
I
T
\d .tl)c.(. . BS)O i
I N 'l'll:i D, j;1'lll t:'t' c()tlll'c I ll ANI)
l,A't'l:ll ul vlStutl ;l(l- )
s'l'A't'li (ll" cQLrliA lJo
cAsE lio. l,- t?-lq
IN Ttlt: iin','ru,, cl" 'ttli:
Al,t'l,I(:A.tI('N tOn
IJATl;R lllGlrl'5 Ol'' 1'lILLl'\NlS I'l:'Al(
1,.\llD COi'lPr\i'lY
it; firU P.O,\.iilitG IO]i(
nlvt:R oll IT$ TnI0uT^llLlj;
TRIDUTAIIY INVOLVED:
[.OI.lR I.;1LE CREIK
I }t G.\I(T I I'LD COUNTY
Antl the Rcfcrcc lr:'rvin6 made tl]9 investl6atlono requlrcd
by A'Liclc zr oi'ci,";;;; ri,g, clrr.s. I96), a5 a,ncirded does herebv
,*f.u tlte followin6 ruling, to vit:
' Tlris opplication Hog t'eferred to tlre Hater Referce of
Hatcr Dlvtsi"^ ;t::';":;'ii'""iltr'' ttav or - - JuLY ' L9? 2 '
I. l,ame of App,icanr :):'lili"oill :i"3,:il;il"'.t Area
A<Jdrcss , ci"n,,;;J SprIngs, Colorado
2. Tlre nane of thc struc ture i s Tl're b4atn llelI
lr. Tlre depth of the ueII is 360 feet.
-') t;'-';
I'Oll
Ttru
NULING OT' TIIE NT:FTNEE
/,t] sol-tjTti DEnEE FOR
----u NmTii0ffi^rEn nrotns
lI: f ct'ctl
Divlnlon No. 5
of Colorndo
I lltv,illra. I ilr. .
i-1' [.,r:r-1 0 L lirT? iI s.r-nr.c oi: c.3r.oi j.:f . II ..-:'..,--. -../.-':.. ,.../.: i, ,-:. ).
I r'iitil: !'.:-'" :
I
'tfi'*!--: .".. :.",".i
)
)
)
)
)
)
)
)
)
t
)"Thel,e6a}<tcscriptionofthcotructurele:Ttrer'lellIslocat,edIrr t,he Sl'ltl'n'lt of Secti'on 33 T' 7 S" Ri 09 l'l' qE E'he 6ttr
p. t.{. ar a poinr I175 f cer nost of E.e i;;". lIne l"ttd 2245
SouEh of tlre i'lorE'h Ilrre of salcl SecElon 33'
!.fircdateofllritiotionofappro;lriatlonlaHay1967.
6. Tlrc &,nount of vater cloimcd ls O' I I cr:b1c f oot' per
second of t-kne
/. Tlre use of rhc vater is domesticr"ii;;"pl"cu"tLitt' drlnklng 8n
san!Eary f acLliC Les f or conrnerclal buslness ' larsn waEerlng'
B. rh" Stott Dnginccr's rturnber ic none '
!' The Prlorlty datc is }{"ry 3l' 1967' ' '
1o' 'flte date of thc apJrlicaLion vas June 3O; 1972 '
It is ths lrrling of thc Rcfcrce that thc otatemcnto lrr the
application ore true i,nd llr;.rt tlrc irbovc <Jcscribcd vpLor rl5lrt ia
.approved*asront"aLlrcindic':tcdpriority;subJecL'howevertto
,ii ootticr Piiqrity ri6hts of otltcrs' .
Itisoccordinl;Iyor.dcrcdtlratthisrultngshnll.becoma
cf fcctive upon fi}ing witlr l,)rc ltaLcr C}crk, oubJcct to,Judlcltll revlcv
as providetl bY lav'
.,4 Donc ot thc ci ty of Gl ctrvrood Sprin5s ' Colorado thln
d;ry o l'.b.ax-r,-{'gz:--, 197?/
:. ;-ct.'-,f -.., f tIe0 tn t|'i;.5'rt"Lc:'
l. f or'.:'::n.-. rltlt:rr' l:r conf lrrllt)
; i . '.".{, ::::(l ls nntle tlte
Ju-6ment ond Dcct'co of t)rls court'
!':r t r.'r
Wntcr
li Lrr Lc
!tt(.-----
l,,irtr..: .'.r,!';tt
1, -
By:
I
I
I
I
I
T
I
I
I
I
I
I
I
I
I
t
I
I
I
ANANNUMENT TO WATER USP ACNTTMENT
THIS AMENDMENT TO WATER USE, AGREEMENT is made this
-
dav of Mav, 2!!3'
by a,,rd between SUNLIGHT INN & REALry LIMITED LIABILITY CO., a Colorado limited tiability
ecmpany (..slR.), and suNLIGHT MOTNTAIN PROPERTIES, LLC, a Colorado limited liabili8
company ("SMP").
Rnctrals
A. SIR and SMP are parties ro that certain Water Use Agreement ("Water Use Agreement")
dated November 2E,2001 and recorded in the records of Garfield County on Deoember 17,2001 as
Reception No. 593802. SIR and SMP are the owners of all the Propcrty benefrted and burdened by the
Water Use Agreement,
B. The parties wish to amend the Water Use Agreement as provided herein.
NOW, THEREFORE, in consideration of the nlutual perfornrance . of the covenants and
conditions set forth in the Water Use Agreemcnt and in this Amendment, thc parties agree as follows:
l. paragraph 3.a. of the Water Use Agreernent is hereby amended to resd in its entirety as
follows:
SMp shall be entitled to use water from the Water System to provided domestic water to
a hotel/lodge located upon the SMP property containing fo4y (40) guest rooms, a
restaurant with fifty (50) seats and a bar/lounge with fifty (50) seats and related lawn
irrigation.
Z. Capitalized terms used in this Amendment shall have the same definition as set forth in
the Water Use Agreement. This Amendment shall take effect immediately upon its execution by both
parties. Except aJamended hereby, the Water Use Agreement shall remain in full force and effect'
tN WITNESS WHEREOF, the panies have signed this Amendment to Water Use Agreement
effective as ofthe day and year set forth opposite their respective signatures'
SUNLIGI{T I}.IN & REALry LIMITED I-IABILITY CO.'
a Colorado limited liability comPsny
SUNLIGHT MOUNTATN PROPERTIES, LLC,
a Colorado limited tiability comPany
-rrs: {ncSra/'
Date:
I
I
I
I
I
t
I
I
I
I
I
I
I
I
I
I
I
I
I
AMNXPMENT TO WITER USN ACNNNMENT
TFilS A-MENDTUENT T0 WAI-ER USE ACREEMENT is made this . day of Maf , ]0!3'
by antl betrveen suNLtGHT INN & REALTY LIMITED LIABTLITY CO., a colorado limited liabilig
compan), (.slR"), and suNLIGll'r MoLNTAIN PROPERTIES, LLC, a Colorado limited liability
company (*SMP").
Rnctrals
A. SIR and SMp are parties to that cenain Water Use Agreement ("Water Use Agreement")
dated November 28,200i and recorded in the records of Garlield County on December 17,2001 as
Reception No. 593g02. SIR and SMP are the owners of all the property' benefited and burdened bt' the
Waler Use Agreernent.
B. The parties wish to amend the Waier Use Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual performance
.
of the covenants and
conditions set forth in the Water Use Agreement and in this.{mendment, the parties agree as fcllows:
l. paragraph 3.a. of the Water Use Agreement is hereby amended to read in its entirerv- as
follows:
S\,lP shall be entitled to use water fiom the Water Systent to provided domestic water to
a hotel/lodge located ripon the SMP property containing fcn-y- (40) guest rooms' a
restaura$r wirh fifty (50i seats and a barilounge with iift.v (50) seats and related lawn
irrigation.
Z. Capitalized terms used in this Amen,Cment shall have the same definition as set forth in
rhe Water Use Agreement. This Amendment shall take effect imrnediately upon its execution b-"- both
panies. Except as amended hereby, the Water Use Agreement shall remain in full force and effect'
IN WITNESS WHEREOF, the parries have signed this Amendment to Water Use Agreement
effective as ofrhe day and year set forth opposite their respectrve signatures'
SUNLICH'I' INN & REALTY LIMITED T,IABILITY CO.'
a Clolorado limited liability comPany
Date:By,----_
Its:
SUNLIGHT MOL}I'TAIN PROPERTIES. LLC.
a Colorado limited liabi!$ company
I
t
I
t
I
I
I
I
I
I
I
t
t
I
I
I
I
I
T
frs--")'f'+-L
On March 17,ZWg,a well test was conduoed on a well on the Sunlight Morntain lnn
p;;p"rry at lfut County Road I17. The following information was obtaincd;
Mrrch IE,2003
Sunlight Mountain Inn
10901 County Road I l7
Glenwood SPnngs, Co. tl60l
/a s3*
Raun E Samuelson
Samuelson Pump Co.
\Yell Depth
Casing Size----7 Stecl
Standing \f,ater level-8', - 1.5"
Drawdown to
Production is
35' - 0"
7 GPM
This test was conducted with 'AHp Pump" The well recovered back to 22' - 4'15" in22
Minutes. If you have any questions please call me, Raun Samuelson at 970'945{,3@.
*Pq
#l'ii#n' ir*
?F'
p.O. Box 297 o G6nwood Springs. CO 81602 . (970) 94tr309 r Fox (970) 947'9Ma
Waler Sysfems ' So/es, Service & lnstallotion
Sincerely;
I
I
T
t
I
t
I
I
t
t
T
T
I
I
I
I
T
t
I
JoHN A. THULSoN
EDwARo MULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAVTD C. HaLLFoRo
CHR|SToPHER L. GEIGER
ANNE MARIE CALI-AHAN
AMANDA N. MAURER
DEBoRAH DAvrs*
Davro P. JoNES
r AEo rcgtreo to FMctrcE rx
Nff YoRK axo MtssouRt
ElAr,colvfB & Gnnpx, P.C.
ATTORNEYS AT LAW
P. O. DRA\VER 79O
8I8 COI,ORADO A\rEIYUE
Gr,ErywooD SPRTNGS, COr/OFA-DO a 1602
TET.EPIIONE: 970.945.6546
tr'AcsrMrr,E: 97O.945.490P
.w,w,w.BALCOMBGREEN.COM
OF CouNSEL:
KENNETH BALCoMB
luly 23,2003
Pierre and Gretchenn Dubois
Sunlight Mountain Inn
10?52 County Road 117
Glenwood Springs, CO 81601
Rn: Werrn Suppry CoNrnacr wITH Wnsr Dryurr Werrn CoNsrnveNcv
Dtsrnrcr FoR SUNLIGHT MoUNTAIN Pnopnnrrns, LLC
Dear Pierre and Gretchenn:
Enclosed for your records is a copy of the Water Supply Application, attachments
and Contract with the West Divide Water Conservancy District. Note that a copy has
already been forwarded to Michael Bodnar.
As discussed with you previously, the contracted water will be incorporated into
a comprehensive augmentation plan adjudicated by West Divide Water Conservancy
District ('WDWCD"), pending Case No. 02CW225. We recenfly sent the attorney for
WDWCD the necessary information and we understand they will be amending their plan
this month to include the Inn's water use. It will likely take six (6) months to a year to
complete the adjudication.
If you have any questions or instructions please contact us.
DPI/Pal
Enclosure
cc: Larry Green w/o enclosure
t
t
I
I
t
I
T
I
I
I
I
I
I
I
t
I
I
I
I
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 WEST FOURTH STREET P. O. BOX 1478
RIFLE, COLORADO 81650'1478
TELEPHONE AND FAX: (970) 625-5461
wdwcd@earthlink-net
Sunlight Mountain LLC (SMP)
c/o Michael
200 Union ve, Suirc 100
AL 35209
Genflemen:
Enclosed is yogr approved contract # FM0306I2SMP(a). Please read the contract carefully if you
have not "fr."ay
done so, but please especially note paragpaph 2 concerning availability of water'
West Divide obtains its storage water from a number of sources including Ruedi Reservoir and
Grcen Mountain Reservoir which are Bureau of Reclamation projects. Fed€ral policy relating to
endangered species, among other environmental concerns, provides that supplies fr'om these^
,.ro*rii", *"y U" i"t"*rptiUt". Moreover, the forces of nature are always such that no source of
warer can be guaranteed fro* y"ur to year. West Divide continues to make good-faith efforts to
obtain alternative long-tenn supplies in an effort to make reliable and predictable the water supply
anticipated by your contract with us-
This water allotuent contact may require you to obtain a well permit from the State Engineeds
office. Once yoru well is drilled you are required to install a measuring device and submit a meter
reading to West Divide. You will be provided with a special fsrm fol this pu{pose uPon notification
that your well has been drilled.
Non-compliance with measuring and reporting requirements are grounds for cancellation of your
water allotuent contract with West Divide. This could result in action by the State Engineer u&ich
could prevent your further use of your well-
Sincerely yours,
dL
TJanet Maddock
Enclosure
cc DivisionNo.5WaterResourcesilenclosure
Kerrl, D. Smdeer, Hydrologist denclosure
uf avi.rdP. Jones, denclosure
Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary
July 14,2003
LaVeme Starbuek, Treasurer Bruce E. WanrPler, Director
t
T
I
T
Current January 200i
APPLICATION TO LEASE WATERFROM
WEST DIVIDE WATER CONSERVAI\CY DISTRICT
Contract #FM03061 2SMp( a )Map *31
Date Activated 6/12/03
r. APPLICAIYT INFORMATION 5. LOCATION OF STRUCTI.]RE
See Exhibit A. attached
County luarteriquarter Quarter
T
t
t
I
I
t
t
T
I
T
I
I
I
Name: Sunlieht Mountain Properties. LIi9-(SMPJ
i/lailr
Suite 1b0. Birminsham AL 35209
Telcphonc: 615-231-2334 - -
Authorized agenl Balcomb & Green' PC
2. WATERCOURTC
3. USE OF }VATER
tl RBSIDENTIAL (check applicable boxes)
tr Ordimry household tse Number of dwellings:-
tl Subdivision: No. constnrcted units:- No' vacant lots:-
n ftottt garden/lawn irrigation of ,. t9'. ft'
Method o:f inigation: tr flood O sprinkler tr drip tr other
g Noo-"o-;t"ial animal watering of
-
auimals
E Fire Prorcction
lfell Sharing Agreementfor multiple owner wells ntust be
submiaed.
& cOUunncr.lr, (check epplicable boxes)
N.,'nber of units: 4O Total sq' ft' of commercial units:3ppq
(Attach adclitional pages for multiple structures)
6. LAFID ON WHICHWATERWILLTB USNO
(Legal description may be provitled as an attachment')
See Exhibit B. attached
Number of acres in trace I -752
Inclusion into the District, at Applicant's 6pense' mty be
required.
7. TYPE OF SEWAGE SYSTEM
i Septic tanlc/absorption leach field trCentral system Eother
Section
Meridian
ilit n." of *"u from scction lines
Elevation:
Well location address:
District name:
trINDUSTRIAL
Description of use:
E*p"trti*, Maximumwater surface to be ercposedi
-
b"rUption of any use, other than evaporation, 'nd.meft:d oL
-
8. VOLT'ME OF LEASED WATER NEEDED IN ACRE
FEET: 2.0 (minimum of I acre foot)
Leased amount based on diversions unless contradce has an
augmerrtation plan or submits supporting ygnthlt engineering
dala Commerciol, municipal, and industrial users n'ast Provide
diversion and consumptivc dala on a monthly basis
A totalizingJtow maer with remote readoat is required to be
installed ind usage rcpofied to Wesl Divide"
Appticant expressly acknowledges it has had thc opportu'tiy to
,iii"r, the i$ria'sprm Water Allotment Contad and agrees
this opplicotion is made pursuant and subieel to the terms snd
c o nditio n s co ntained there i n.
fi;;ti;;i; oitiu"oio", and aturual amount of diversion of anv
water withdrawn from the Pond:
OMI]NICIPAL
Description of use:
4. SOIIRCEOFWATER
Stnrcture : Well
Stnrcture Name: See Exhibit A. attached
Source: Dsurface EStorage X Groundwater
Current Permit #
trl Direct PumPing: Tributary:
I
lncation: Four Mile Creek Drainage
(if applicable)
I
Application Date:b402-
SOURCE: USGS I 2{000 TOPC,GRAPHIG lttlAP
CATTLE CREET OUAORANGLE
GRAPHIC SCALE
1000 2000
( rN rEEr )
1 inch = 1000 ft.
MUESER GORDON MEYER EXHIBIT MAP
SUNLIGHT INN AND REALTY CO., LLCll8 W. 6th Street, Suite 2OO
I
I
I
T
T
t
I
I
T
I
I
I
T
I
I
I
I
t
I
I
I
1)
I
t
I
I
T
I
I
I
I
t
t
I
I
T
I
I
I
EXHIBIT A
PARTS 4 & 5 OF APPLICATION / SOURCE OF WATER ANd LOCATION OF
STRUCTURES
The water will be diverted at the following structures:
Main Well
(a) Permit No.: 047tK*F
(bi Pump Rate: 0.1.1 c.f.s 5 CI
(c) Elevation: 8,160 ft'
ial Legal Description: SWV4 of the NWV4 Sec- 33 T-7 S-, R- 89 W.,6th
P.M.; located at2,?'45 ft. foom N. Sec- line, and '1,,L75 ft. from W- Sec.
line.
Ranch Well
(b) Pump Rate: 0.055 c.f.s. t '
(c) Elevation: 8,160 ft.
ial Legal Description: SWV4 of the NWV4, Sec. 33, T-7 S-, R. 89 W., 5'h
P.M.; located at2,295 ft. from N. Sec- [ine, and 1',A15 tt- from W. Sec.
line.
l-1
t
I
I
Exhibit
B
A TnecI oF r.AND SrrOA:EED rN IEE SrNL/aNrel/4 }ND rIlE NBt./4SI/t7,/4 OF SEc'rfrorr 33,,tEorfNsIlIP 7 sou,:Etl, IUA}ICE A9 I,iIEST Or TIIE Sr2(Ttt PRINCIP.BI, litEn'IDI.elT, LyING
E;Ot,:rIIEIUTjI OI. !!IIE TOI,ITIIERLY R,IG]E!T OF INAY I.I!!E O' A P(,BT.IC ROAD A.s CONS'IRI,C:TED
tttD IN PIACE', SAID DIRqEI. Or LIND DESCRIBED AS rOL&OrfS
EEGIt!{ltrNG, }T A porN:r tltrNcE.rm g=,irro![ coRNER co!.saolf ?o sEctroNs 2?, 2e , 33
A!{D 3{ IN SAID TOIi'NSEIP AND luBif@, BE]}I!S:.
N 64 DTCREES 57. OO" E. 5246.10 EEET;
TTIENCE N. ?2 DEEREES
'4
I 46' E. L32.4g EEET AI.O!fG TTTE SOI,:TIIE:RLY RT(;tlT OF IIa,Y OF's.}.rD Rol,Di
tEENqE, CON'IINI MG .eLOltG S ID ROaD ON tEE I.oLtlotir:fttc cot RsEsi
It- 65 DEGREES 39' 2(," A- L'l6 i6O nBBSi
TIrENCE N. A'. DEGT'EES OOI 35' !. B'.A9 TEE:r,.
TEENCE S. 66 DECREES 03' 51O I.. 92.50 EEElc;
TtlENCt S- 44 DEGR.EES 57' 36- E. 2LF.1r. rEET;
rrlErrqE DEPARlfrttG SIn,ID Cot,N':rI a,OrO S. 73 DEGREES 59. {3- n. l''t-2-'t EEET;
'arrENcE t[. 27 DEGREES 30. OOn lf. 65-00 EEI!!,
TIIENCE N- a3 DEGREES 59' OO- tf- 2:.5-OO EBEA;
TITEDICE S- 66 DEGREES 53' 3(," tt- I-O5.OO
'EEir,TIIET|CE N. 69 DEGREES 30. 20n ll- aA-OO tEti!;
TETNqD N. 36.DEGREES 27 I 1ON l'. 5O.OO EE:EA TO TE POINTI. OD BTGTNNITTG:.
.tlso DtscRIBtD .ls:
TOIi,NSIIIP 7 SO(,TB, RaitGE A9 ri]ESI Or. TIIE sIx:rrl pRrNclp.ltr- MERIDI.a,ITf, LYING
SOLTIIDiRLY OD TlrE liO[I:rlIERLI A.fGEr OD l.Ay LIIIE Of A PITBLIC R.OaIi A.S CONSTRTC:XED
tND rN pr.}cE, sr.rD EeRcEL or LIND Is DtrSCRrBED .lls
'OT.LOI|S:BEGrNI|ING AA A POrN:f rfE:NCE rEE SECIRION CORIaER COltDtCna TO Sacllrolrs 27. 2A. 33,
elfD 3{ rN sArD rorllcssrp rltD tuBNGrr, grlis :
N- 64 DEGREES.sT' Oo" E- 5296-r-(, EEET; BrrENcE N- 72 DEGREES {ar a6n E- 152.aa
EEEE ^LoNG; TEE, sot':ftltRLY RIGII'|T oF lllY LrlrE OE SI'ID ROiID; THDNCE ta- 65 DEGREES
39' 2OA T. 176.60 EETIE.EI,ONG !E SOU':TIIBRT/Y RIGTI:E OF.IiIAY LI![E, Crtr SAID R,OAD;
IIIENCE N- a1 DEGREES OO' 35'E- A9-a9 EEiET ALoNG TEE SOO|!FEaT-Y RfGtlT oF tilAY
LrxIE OF SIID nOjAD; TBENCT S- 65 DEGETEES 03. 51n E. 92-5(, EEEr IT.C,NG: TrlE
soErEllEltLY Rfclxr or DiraY LIlrE ot sjalD RoeDi TtlD.lgru S- 44 DEGTREESi 5?. 36' E.
216.1'1 EEET ALOIIG EIIE SOIr:IEERLY R:EGEE OE tiIAY LrNE Of Sil'fD ROJID; THENCE S. 5a
DEEREES 33' 3E' D. 1.55.35 YEIEA AI.OIIG TEE SOI'FE'RI.Y R.IGT*T OT NAY LIIIE OT SAID
RolD; tl&,ltcE S. 19 DEGREES 2'l' 26'If- 3aL-98 xEEti TITENCE tt- 55 DEGREES <lO.
19n If- 250.62 EEET; tri{C8 l[- 52 D'GAEES O4t O?n r|- L49-46 rEEri I.IIE!|C,E N. 7L
DEGRBES 25' 23'lf. 6-l .O9 EE:ET, TIIENCE N. 79 DE,GREES aa. 09- tf- 99-3't tEEt,,.leIaE:NCE N. 5A DEGREES 55' OOG le. 1OO-97 EEE4,- TEEIfCB !t- 27 DEGREES 5r.. Osn n.43.64 ,iBzti :rlflNCE tt. 56 EEG;!{EES r.3i 3r'- r. 61.!5 a,'Err!t!i T|llNCE tf . 37 DEGREESi
3()' 2(,'lf. 3(,.93 FEtTi EEENCE N- 18 DEGREES L6r a3n t. 40.46 EEEI1 ro TIIE porN,?r
OF BEGTNNIITGi.
.lLso DEsqRrEEiD .BS:
LOt L
SUNLIGIIII IITN EXEMPTTON
JI:r TtlE PI.I,T rIECCTR.DED !,FR I, 7, l9A8
COUN:[.!I OF GIAnTIE,I.D
STAEE OT COLOAADO
I
I
T
I
I
I
I
T
I
I
I
T
I
I
I
I
REVISED August 2001I
I
t
Contract +FM03061 2SMp(a )Map # 3tDate Aetivated 6/t?/O3
WEST DTVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Name of Applicant:I
T
I
I
I
I
I
I
I
I
I
T
I
t
T
Quantity of Water in Acre
Applicant, hereby applies to the West Divide Water Conservancy Disfict, a political subdivision of the State of Colorado,
organizedpursuanttoandexistingbyvirtueofC.R.S. l9?3, $3745-l0l,etseq.,(hereinafterreferredtoasthe'District')foranallotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this
Contact and the attached Application, Applicant hereby agrees to the following terrns and conditions:
l. WaterRishts: Applicantshallownwaterrightsatthepointofdiversionherein.lawfullyentitlingApplicanttodivert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood
by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2. Ouantitv: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion from the Qistrict's direct flow waterrights, andwhen water is unavailable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow,
storage on otherwise, to the Applicant by the District will be timited by the priority of the District's decrees and by the physical and legal
availability of water from Districfs sources. Any quantity allotted will only be provided so long as water is available and the Applicant futly
complies with all of the terms and conditions of this Conract. The District and the Applicant recognize that some of the Districfs decrees may
be in the name of the Colorado River Water Conservation Disri{ and the ability of the Disbict to allot direct flow right to the Applicant may
be dependent on the consent of the Colorado River Water Conservation Districl If at any time the Applicant determines it requires less water
than the amount herein provided, Applicant may so notifr the Diskict in writing, and the amormt of water allotted under this Conhact shall be
reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used
for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury
Reservoirand excePt to the extent that Ruedi Reservoirwatermaynot be available for commercial as that term is defined on Page 5 of Contract
No.2-07-70-WO547between theUnited States and the West Divide WaterConservancyDistrict). Applicanfs beneficial use ofanyand all water
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decrees and Deliverv: Exchange releases made bythe District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the Diskict, shall be delivered to
the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of
wateratsuchoutletorpointsshall constituteperformanceoftheDistrict'stotalobligation. DeliveryofwaterbytheDishictfromRuediReservoir
l'
I
I
I
I
I
I
I
T
I
t
t
T
I
I
I
I
I
I
or Green Mountain Reservoir shall be subject to the Districfs lease contracts with the United States Bureau of Reclamation. Releases from other
facilitiesavailabletoDistrictshallbesubjecttothecontracts,laws,rules,andregulationsgoverningreleasestherefrom- Furthermore,theDistrict
hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District
in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the
Applicanfs allocation not delivered to or used by Applicant by the end ofeach water year (October l), shall revert to the water supplies ofthe
District. Such reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at the original point of
diversion ofthe Dis6-icfs applicable waterright, andneitherthe District,northose entitledtoutilizetheDistrict's decrees, maycall on anygreater
amount at new or alternate points of diversion. The Dstrict shall request the Colorado Division of Water Resources to estimate any conveliance
losses between the original point and any altemate poin! and such estimate shall be deducted from this amount in each case,
Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the Disn-ict and the Silt Water Conservancy
District, dated January 25,2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The lntergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy Disfict, dated April 26,2001, is recorded as
Reception No. 584840, Garfield County Clerk and Recorder's Office.
5. Alternate Point of Diversion and Plan of Auementation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree
is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditiors which may be attached to
judicial approval of said altemate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessaly for any changes in water
rights conternplated herein, and further agrees to indemniff the Dist'ict from any costs or losses related thereto. Appl.icant is solely responsible
for providing works and facilities necessary to obtain/divert the wat€rs at said altemate point of diversion and deliver them to Applicanfs
intendedbeneficial use. IrrespectiveoftheamountofwateractuallytransferredtotheApplicant'spointofdiversion,theApplicantshallrnake
annual payments to the District based upon the amount of water allotted under this Conkact.
In the eventthe Applicantintendsto apply foran alternatepoint ofdiversion andto develop an augmentation ptan andinstitute
legal proceedings for the approval ofsuch augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan
to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any even! the District
shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan
and of all pleadings and other papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted with the application for consideration by the District.
Annualpaymentforthewaterservicedescribed herein shall be determinedbythe Board ofDirectors oftheDistrict. The initial
annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice
I
t
I
T
I
I
I
I
I
I
T
T
I
I
I
I
t
I
will advise the Applican! among other things, of the water deliveryyear to which the initial payment shall apply and the price which is applicable
to that year.
Annual payments for each year thercafter shall be due and payable by the Applicant on or before each January I ' If an annual
paymentis notmade by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent csrtified mail, rehrn
receipt requested, to the Applicant at such address as may be desigrrated by the Applicant in writing or set forth in this confiact or Application'
water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent ore
District from adjusting the annual rate in its sole discretion for fuhye years only'
If payment is not made within fifteen (15) da>,s after the date of said written notice, Applicant shall at Districfs sole option
have no further righ! titte or interest mder this contract without further notice, and delivery may be immediately curtailed The allotment of
water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District'
Upon cancellation of this water allotment Contract with the District, the Dstrict shall notifu the Dvision of Water Resources
offrces in Denver and Glenwood Springs. The Division of water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defiay anyexpenses incurred by the District in connection with the
allotment of water rights hereunder, including, butnot limited to, reimbursement of legal and engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights-
Assisnment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant without
the prior written consent of the District s Board of Directms. Any assignment of Appticant's rights under this Contract shall be subiect to, and
must comply witrr, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of
c.ontract obligations by assignees and successors. Nothing herein shall prevent successors to a portion ofApplicant's Property from applying
to the District for individual and separatc atlotment Contracts. No assigrrment shall be recognized by the Disbict except uPon completion and
hling of proper forms for assigrrment and change of ownership'
ln the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently
be subdivided or held in separate ownership, the Applicant may only assign the Applicanfs rights hereunder to: I ) No more than three separate
onmers all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district" water
and sanitation district or other special disn-ict properly organized and existing under the laws of the State of Colorado, and then, only if such
parties, association or special district establishes to the satisfaction of the Dstrict that it has the ability and authority to perform the Applicant's
obligations under this Contract. In no event shatl the owner of a portion, but less than all, of the Applicant's proPerty to be served under this
contract have any rights herermder, except as such righb may exist pursuant to a well sharing agreement or through a homeowners association
or special district as provided above'
Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and
proper forms for assignment and change of ovrnership must be completed'
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
I
t
t
I
T
I
T
I
I
I
I
I
t
lr
Ill
Ill
I
t
t
Applicant
srATE o, Qo\.^.!.-
2003,by
)
) ss.
)couNrY oo Q- \'.,
n(rtecqt^e-. Q.rkol s
The foregoing instrument was acknowledged before me on this 1{u5!3*r,-<sL^e-
STATE OF )
) ss.
)COUNTY OF
2003, by
The foregoing instrument was acknowledged before me on this _ day of
Witness my hand and official seal. My commission expires:
Notary Public
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is
hereby ORDERED that said Application be granted and this Conkact shall be and is accepted by the Dstrict.
WEST DTVIDE WATER CONSERYANCY DISTRI T", ;Zi6o_
6 /o-z
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Confact:
I . Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
Witness my hand and official seal. My
Notary Public
President
Part IV - Amended & Corrected
PIat Application
GARFIELD COUNTY
Building & Planning Department
108 8d'Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945. 8212 Facsimile: 970.945.3470
www. oadield-countv.com
AMENDED AND CORREGTED PLATS APPLIGATION
l, ''.
I
t
I
T
T
I
I
I
I
I
T
I
t
I
t
I
I
I
oz5l,0..,..'^T Q.Jttt, GLtl\, (^ KrLo\
) Legal Description: s e q a.tflo-<-h e-J.
GENERAL INFORMATION
(To be completed by he aPPlicant.)
D Street Address / General Location of Property:
tt ro t-. b t-tT =*l
u runflD*)
Description of Proposal:
0e?oz-i (A-s()F,at) OL,nAQ/.< oE UEaz.-'D y'," EuD&D
ilp'r ^o - / auA z-o r A r< rd Sou lvtL>
Name of Propertv Owner:f Moctr-t
Telephone:
state: 4 L Zip codeS {e 01
) Name of Owner's Representative. if anv (Planner. Attomev. etc):
Jo *+ts Vlrt r c--H pac- i3 oO ! ArZ-
) Address: a/dr1/rF- N* Ouu u e-A Telephone:
) City:State: Zip Code: FAX:
City: h rrerfl, r-,
STAFF USE ONLY
) Doc. No.: Date Submitted: TC Date:
Lasl Revised: 11/21/02
I
I l. PROCEDURAL REQUIREMENTS
A. One of the following 3 procedures shall apply to a request for an Amended or
I
Corrected Plat.
1. Application for an amendment to a recorded plat may be made, if the amendment a) does
r not increase the number of subdivision lots or dwelling units, b) results in the major
I relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
t An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. lf approved, the amended plat shall comply with plat
I 2 H;:::::#:::::::::an existins subdivision, estab,ished priorto
County subdivision regulations, that does not have an approved Preliminary Plan to verify
I the consistency with the proposed amended plat, or that results in the relocation of property
I lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
I A Iffi,'"",T1":l?llJ:ffiffi::rffJ#r*:t'i,['?i,ffiTfl:fli'"as
mentioned
I 1) All Garfield County zoning requirements will be met;
I ') llJ::""#3:"J#llH:fs:lxii:il'"f;::3'Hii'ii:J#:l:ifl"1xJffiT:31
3) Provision has been made for an adequate source of water in terms of both the
I legal and physicalquality, quantity and dependability, and a suitable type of
I sewage disposal to serve each proposed lot:
I 4) All applicable state and local environmental health and safety requirements
I have been met or are in the process of being met;
I
5) f#[.J:i:;il1"", made for any required road or storm drainase
I :l H::""ffi::[",:,#]iff::3":J"i""].b,aned.r
are in the process of being obtained; and
I 8) Schoolfees, taxes and special assessments have been paid.
I
B. The Board shall consider the amended plat request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
I all notices and shall present proof of publication and mailing at or before the
I meeting. lf proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
I
I
I
I
(1) Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessol's ffice
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3) The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
lf approved, the conected plat shall comply with the requirements outlined below
(subsection B).
3. A conection may be made to an approved plat, if the sole purpose is to conect technical
errors such as minor surveying errors and drafting errors, and the conection is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled 'Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ('CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22lFinal Plat Requirementsl of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. lt will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
I
I
I
I
I
I
I
I
I
I
T
I
t
T
I
I
I
I
l''2.Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
ln addition, shall the request require a public hearing, Staff will also send you a 'Public Notice
Form(s)' indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
II. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
The following application submittal requirements shall onlv be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A narrative explanation of the reason for the application.
The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the $150.00
Base Fee with the application.
5. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
For Procedure.? listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
tra nsfened/relocated following the adj ustment.
Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
2.
3.
I
I
I
I
I
I
I
T
I
t
t
I
t
I
t
T
I
4
l.
I 4.Nanrst and sddrcsrcg of owncrs of rscord of |5nd immedietcly edfoinlng end-wjthin
hrro [ilft-fr"t IZOO I &1rrc propoccd amcndcd pfi, ,jpnlo*ncn rnd lcorces
of mhcral ourncn of rccord of thc proPcrty to bc a'pert of ftc ryncndod plet' ard
icnants of any ctructuro propoecd for conrorairn'
Evidoncc of the soriltyper and charactcrigticf of cech typc'
prac,t of tcaal and adeguetc rourcc of <lonrcstic wetcr lor cedr lot creeted (which
mry conrirt of proof-d;tctib"d in Scabn g:lZ(O) of-thc SubdMrlcn Rcaulrtbnl)'
r.ncthod of oowagc Oiipooaf, and lattor of approvtl of firc prot dbn plan front
appropriatc firc district.
T
I
t
I
!
I
T
I
t
T
T
I
T
T
I
I
T
5.
0.
7.lf colncction to a community or municipal watcr or lavpr eyrt3m lr prOpol0d' a
lsttcf from tha govcnring body stating a willlngncar to scruc'
Thc Applk)ant thell cEn the 'Agrccmcnt For Paymcnt'form end provid'
Basr Fcc with thc epPlicrtion.
9. Providc 2 copics of thc ApPlication. stlfr will regrrst additionrl copies oncc tho-
apPllcatbn has bcsn decmcd tcchnically complctc'
I have rcad thc rtetcmcntc abovc provided thc rcquirsd attacficd inlormatinn wttich b
conect and accurete to
6lzlo
nature of
GARFIELD COUNTY
Bullding & Planning DePartment
1OB 8o'Street, Suite 201
Glenuood SPrings, Colorado 81601
Telephone: gZO.baS. 8212 Facsimile: 970.945'3470
unrnrtr. oa rf i eld -countv. com
l.
I
I
lr
lr
lr
lr
lr
lr
l:
l:
t:
lr
l:
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To bc comPlclod bY trs aPPlioant)
) Street Address / General Location of Property:
Legal DescriPtio n:
Subdivision Name: S*ult 6 x a T*t's E ><-'-+{'t t o+)
Description of ProPosal:
lI. OF AD7
Frylr-r gyen
Name of Prooertv OwIreI: So pu' a x r tual * (?*u\l /J-L
Address:'n -sa ( I'or/ bo o tt1 Tebphonei ?7o I qzt - a 7 77
tGHArll
D Address '. sFt*rttl & outut {-tL Telephone: n l?lg 'Al fi
> City:State: ZiP Code: FAX:
-D Doc. No.:
STAFF USE ONLY
Date Submitted:- TC Date:
) Planner:Hearing Date:
) Zone District:
Lasl Revlsed: 11/21/O2
5.
6.
7.
9.
l.
I
I
I
I
I
I
I
t
I
I
I
T
t
T
T
I
I
I
n.
Names and addressas of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineralowners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tonants of any structure proposed for conversion.
Evidence of the soil types and characteristics of each type.
Proof of legal and adequate source of domestic water tor each lot createci (which
may consi-t of proof described in Section 8:a2(D) of the Subdivision Regulations),
meifroO of sewage disposa!, and lotter of approval of fire protection plan ft'om
appropriate fire distsict.
lf connection to a community or municipal water or sswer system is proposed, a
letter from the governing body stating a willingness to serve.
The Applicant shall sign the'Agroement For Payment'form and provide the $150'00
Base Fee with the application.
ProvkJe 2 copies of the Application. Staff will request additional copies once the
application has been desmed technically complete.
I have read the statements above and have provided the required attached information which is
of1ny knowledge
(Signature of
4
to
I
Sunlight Inn
Bed and Breakfast
Special Use Permit
Application
February 21,2003
lr
lr
lr
lr
lrll
t
I
T
IT
lr
lr
Ir
!r
lrlr
I
I
I
GARFIELD COUNry
Building & Planning Department
108 8'n Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 821 2 Facsimi le: 97 O.3g4.g4l O
www. oa rfield-co u ntv. com
RECEIVED
run 2 r itiii3
,ffi*l'J?8ffii'fi'
STAFF USE ONLY
F Doc. No.: _ Date Submitted:_ TC Date:
) Planner:Hearing Date:
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
> st1e,et3)of r,":: {g"rgrfl,L-ocqtign-of property , DtqL CK ll1
Legal Description:
F Name of Property Owner:
F Name of
F Address:
) City:
Existing Use & Size of Property in acres:
Description of Special Use Requested:
Telephone:) Address:
) City:
lt
lr
lr
l,
lrll
t
I
I
Sunlight Inn
Bed and Breakfast
Special Use Permit Application
Request to allow a camper park within the C/L Commercial Limited District
The Sunlight Inn Bed and Breakfast is requesting a Special Use Permit to allow for the
installation of four prefabricated cabin units. As per Section 3.O7.O3,the cabins would be
considered as a camper park and qualifu for a Special Use Permit under the present
zoning within the ClL district. These cabins would be located on the formerlce skating
area ofthe 1.8 acre parcel.
The purpose of the cabins is to create an additional amenity or option for guests of the
Inn. These would be the first guest rooms the Inn has added in the last fifteen years, and
would be used strictly for short term guest uses. Site improvements would inciude
landscaping and upgrading the grounds behind the existing Inn building.
Parking for the cabins will be provided in the existing parking lot. Access to the cabins
will be on foot. All necessary support of these cabins will be handled by sta^ffsuch as
luggage, house cleaning, room service etc.
All utilities required by the cabins will be supplied from the Inn building. Water service
and electric will be connected underground. Sanitation will also be coorrect"d to the same
system that supports the existing building. Letters by the necessary agencies are provided
with this application.
Section 5.03
I) Utilities afuquate to provide water and sanitation based on accepted engineering
standards and approved by the Board of County Commissioners shall eilher be tn
place or shall be constructed in con junctionwith the proposed use.
AII utilities for the requested four cabins ue already in place and no additional utilities
will be required.
I
I
I
I
I
I
I
I
t
T
t
I
I
I
T
I
I
I
t
2) Street improvements adequate to accommodote traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunctionwith the proposed use.
Vehicle access is already in place and no additional improvements will be required.
3) Design of the proposed use is organized to minimize impact on andfrom
adjacent uses of land through the installation of screenfences or landscape
materials on the periphery of the lot and by location of intensively utilized areas,
access points, lighting and signs in such a matter as to protect established
ne i ghb or ho od chor ac ter.
The location of the cabins will cause virtually no impact on any adjacent properties.
Additional landscaping will enhance the rear area of the existing Inn building, and the
location of the cabins.
vz/2u12|J63 tviz(fYJ9q t15YJYJ 5L|NLJ.EFII mtN l.lc{ .___..__lAe ul
O2lre,'El 04!.iler F.Gla
I
I
RE Agcf of Propcrry Orncr
Rrul Grwryr to icl rs qgfnt ]"d Boorlcr pcrrcn for our grocid Ure
Dft*^-
O.l0ai s
lr
t:
Ir
lr
lrll
I
I
I
?0(}3
ll
!rll
lr
lr
I
I
t
t
Assessors Map--All Public and Private
Land Owners Adjacent.
(l)Sterling Family I LLC
(2)John M. Sterling
704 Skipper Ln
Carbondale, CO 8 1623-8800
(3)Leonard Lorentson
P.O. Box 932
Kokomo, IN 46901
(a)Todd Leahy
925 (Forest Service Rd) County Road 300
Glenwood Springs, CO 81601
(S)Brigham, Walter S. & Darlene K.
(6)Sunlight Inn & Realty, LLC
(7)Brigham, Walter B.
10256 CountyRoad 117
Glenwood Springs, CO 81601
(8)Ski Sunlight, Inc.
10901 CouniyRoad 117
Glenwood Springs, CO 81601
(9)Brettleberg Condos
11101 County Road I 17
Glenwood Springs, CO 81601
I
I
I
I
I
I
I
I
I
I
I
I
t
I
le!
Et)
I
I
t
t
BX
F.rt-{
o
c)
q)
X,l--€)e
6t
q)
ol)Eo
l.]
5tr
frl,1,
{E0
l:
ll
lr
IT
lr
lr
lr
t
I
t
I
t
I
t
t
I
I
T
I
T
t
I
10901 County Road 117
Glenwood Springs, CO 81601
Ph970.945.7491
Fax97O.945.4437
e-mail suninf o@su n I i ghtmt n.com
oult,
tu TM
February L8,2OO3
Garfield County
Building & Planning Department
108 8th. Street
Glenwood Springs, CO 81601
l- ToWhom it May Concern;
This letter is to certify that the Sunlight Mountain Inn is a participating entity in the
"Agreement for Joint Use of the Ski Sunlight (Sunlight Mountain Resort) Wasterwater
Treatment Facility". The wastewater facility is in good standing with the Colorado
Depatment of Health.
I am aware of the Sunlight Mountain Inn application for a Special Use Permit to place
four rental cabins, of approximately 400 sq. ft. each, on the 1.75 acres now occupied by
the Inn.
The current treatment plant is adequate to accommodate these proposed additions, In
addition, Sunlight Mountain Resort is proceeding with the installation of a new 50,000-
gallon facility, which should be installed in the near future.
Sunlight Mountain Resort supports the addition of the cabins and will continue to provide
wastewater treatment.
Sincerely,
i
I
t
-LI
+,!
ttr.'J#,-![f f lt!L{r;ltrl!,l|ull||I||It|Iruulpl
1 of C.lR 30.sO O A.00 GmFtEtD corr{?v coIr
T
Warnn Usr AcnnrMENT
TI{IS WATER USE AGREEMENT is made and effective as of November 28, 2001, by
and betrveen SUNLIGHT INN & REALTY LIilIITED LIABILITY CO., a Colorado limited
liability company ("SIR"), and SUNLIGHT MOUNTAII'{ PROPERTIES' LLC, a Colorado
limited liability company ("SMP')
Rrclrels
A. SIR is the owner of that certain real property located in Garfield County,
Coiorado, described as Lots 2A,28 and 2R, Amended Exemption Plat, Sunlight Inn Subdivision
Exemption No. 2 recorded in the Garfield County records on March 15, 1995 as Reception No.
475551 (the "SIR Lands").
B. Simuitaneously with the execution and delivery hereof, SMP will become the
ownsr of property located in Garfield County, Colorado, described as Lot l, Sunlight inn
Exemption. according to the Plat recorded April 7, 1988 as Reception No. 390977 (the "SMP
Property").
C. Simultaneously with the execution and delivery hereof, SIR will execute and
deliver to SMP its quitclaim deed conveying to SMP all of its right, title and interest in and to the
Ranch Well (Permit No. 47872-F), as decreed in Case No. W-1216. The Ranctr Well is not
subject to this Agreement, and upon execution and delivery of said deed. the Ranch Well shall be
orvned and useJ by SMP, its successors and assigns, free and clear of any of the terms and
conditions of this Agreement.
C. Simultaneously with the execution and delivery hereof, SIR will execute and
deliver to SMP its quitclairn deed conveying to SMP an undivided interest in and to the Main
Well (Permit No. 47865-F), as described in Case No. W-l216. Conve,vance of the lvfain Well is
rnade expressly subject to the terrns and conditions of this Water Use Agreernent.
D. By this Agreement, the parties hereto, as common ot4'ners of the Main Well, wish
ro set forth the terms and conditions upon which they shall have the common right to make use
of the Main Well and its related facilities (the "\\/ater Systenr"), and their respective rights and
obligations related to the maintenance, operation, repair, replacement and expansion of the Water
System.
NOW, THEREFORE, in consideration of the mutual performance of the covenants and
conditions set forth in this Agreement, the parties hereto agree as follows:
1. Description of Water Svstem. The Water Sysic'm which is the subject of this
Agreement is identifieci a.s and shall consist of the following:
ll'ote'r (ise .4greem ent
Sunltght Inn & Reatty Limited Liabiltry Co.iSunlight it{ountain Propertit
Pcge ! of5
tl('': t ' ") t','-?y',' l- -
RE1IURN TOI
BA[COMB & GREB.I
ATTtiI: IARRY GREB{
818 COLoRADO AVE
G,ENIOOD SPRI}ES CO 81501
t
t
I
T
T
I
t
I
I
T
I
T
I
.,3Li" .,ja
T
il',l'o "
t
r i trffi r]il ilil ril ililffi llll lllll lll lffi llll ffilI ' regirz tzln/zwt 0s;l1p tr3r2 ps?o n fl-sDorFI r z ofl 6 n 3o.fi g o.oo GRRFIELo cqfiTy co
ir ', . a. That certain water weli which was drilled and constructed pursuant to
L , permit No. 4?865-F, r*,hich is known as the lvlain Well, as decreed in Case No. W-1216,
I together with the water and water rights appurtenant to said weli; and
I b. The pump, meter(s), cornrnonly usecl water lines, and associated facilities
which are presentlyconstructed and installed to produce and deliver water liom said weli
I
to the SIR Lands and the SMP Property'
' Z. Owlership of Water Svstem. Each of the parties hereto shall own an undivided
rlinterestinth""in.Thepartiessha]lexecuteanddelivertot}re
I offices of the State and Division Engineer such other and further documents as are necessary to
reflect their common owlership of the Water System as herein provided' Each party hereto shall
I be the sole owner of any *ut"i facilities used solely t'y that party, inoluding individual service
I lines and storage tanks, iianY.
I 3. Use of Water. As co-owners of the Water System, each of the parties hereto
I shall halve * "fiil[ifiTffiity to make use of water physically produced by the water system
for the following uses and purposes:
I
' a. SMp shall be entirled to use water from the Water System to provider
domestic water to a hotel/lodge located upon the SMP Property containing twenty (20)
f guest rooms, a restaurant witli fifty (50) siats and a bar/lounge with frfty (50) seats and
I related lawn irrigation'
t ao*",ti! *",":11,f:11,tr":l!I:id[ H,'",f:",;.X*[:tily;l"J,iiffii:l",Xl"JlX:
containing tw6 (2) d*,elling unim anJ one (l) bed antl breakfast structure with no more
I than five iS) reniaUte guesibedrooms and living quarters for the proprietor to be located
t upon the SIR Lands and related lawn irrigation'
t *i##Ti,il*:"'lt*:J; :,T'i:i11,,'*",S"#iH::,?H: ililJ;'ffit"'ffi"H:
I In the event that the Water System produces water in excess of the amount of water
necessary to satisff the foregoing urrr, th9" sll shall have a first priority in such excess water to
l orovide dornestic water * .ip ,J twenty-five (25) tora'nhome/condominium units which may be
I ievelop"d in the f'uture on the SIR Lands'
I ro,,eoifl,'rHJiT,"fi:,H'ff"I;lt'I,j'il1:,.":trJtx"*':x,rur:x'f,Ty':l|:lll:
ProPerties'
I 4. Leser sunpry qt wa.ter,,-. Th: parties. recosnize and agree that there is no
augmentationffiaterSystemthatisthesubjectofthisAgreementand
I
iffJ1ffiru be rhe individui ,"rp""r,uility of "u"t put v to obtain and provide a legal supply of
lllatcr Use .4greement
Sunlight ltn & Realry* l imitecl Liqbiltty Co'isunlight ivlcuntoin Properties' LLC
Pege 2 of 5I
I
I
I
I
t
I
I
T
I
T
I
I
I
I
I
I
t
I
I
J llllll illl illl lil llllil ilil rilil ilt ull illt []
Ese0az Vztnnagt 03:ttp lt3t2 P3?1 n RLSDoRFt of e ln so.qD D 0.00 cffirtELD coultrY co
I ltater for all uses of water made by that party under this Agreement and to pay ail costs
associated with obtaining and maintaining such legal supply of rvater.
5. Cost of ]\{aintainine and Operatine the Water Svstem. The Water
presently includes meters rvhich are capable of measuring the amount of water produced
Water System and the amount of water utiliz.ed by each party. Any new uses of the
System
I by the
Water
Systern as allowed hereby shall be required to similarly install, at the expense of the party
making the new use, a rneter capable of measuring the amount of water used by such new use.
All costs of maintaining, repairing, and replacing all elements of the Water System, and all costs
associated with the ongoing operational costs of the Water System, inciuding, but not necessarily
limited to, charges fur electricity use, shall be prorated on the basis of gallons of water received
by each user. All such expenses shall be paid by the owner of the lands receiving service within
twenty (20) days after receiving notice of such cost, and in the event any such owner should fail
to pay its allocated share of any such expense within thirty (30) days after presentment of the
notice of such cost, interest shall conunence to accrue on such unpaid balance in the amount of
eighteen percent (18%) per arnurn. Further, in the event that the owner of property receiving
service fails to pay all amounts due, plus interest, rvithin sixg (60) days after initial notice of
such ccst is given, the owner of any other land receiving service from the Water System, having
paid its allocated share of expense, may cause the supply of water to such non-paying owner to
be discontinued until payment is received, and may exercise such other legal and equitable
remedies as are available to enforce such payment.
6. Easernents. SIR and SMP hereby each grant to the other all necessary easernents
upon their lands for the purposes of operating, maintaining, repairing, replacing and expanding,
all faciluies of the Water System. Said easements shall be ten feet (10') in width and extend
along and five feet (5') on either side of .all water supply lines extendiug from the wells to the
lands of each party hereto and shall extend in all direction from the center of said wells a
distance of twenty feet (20'). Each party hereto shall also have an easement for access to the
shutoff valve on thc water line serving the properties owned by &e other party, which easement
shall extend to such valves along and five feet (5') on either side of the supply line serving such
other lands.
7. Improvements to Water System. In the event that the Water System as
presently configured ceases to provide water in a quantity or quality adequate to provide for the
uses of thc parties as set forth in paragraphs 3(a) and 3(b) hereof, the parties shall consult with
each other to determine if an expansion of the existing well, the addition of a rvater storage
facility, or other improvement to the Water System will result in an increase in the amount of
'^,ater produced and available from the Water System. If the parties agree that the well should be
expanded. storage added, or some other capital irnprovement made to the Water System to
increase the production thereof, then the parties shall jointly make such improvement and share
in the cost thereof in the same ratio as each party's usage of water over the preceding l8 months
bears to the rotal Lsage of water from the Water System over that tirne period. If the parties do
nor agree on the making of improvements to the Water System, then either party shall have the
unilateral right, at its sole expense, to make any improvement it deems appropriate to the Water
System; provided, however, that any party making an improvement to the Water System at its
ll/ater Us e .4.greem e nl
Suntight lnn & Realty Limited t,iqbitrtl'Co./Sunlight Mountam Properties, LLC
f'age 3 r:/'5
rH]fil]llillilil[lillillllllllltlllllllillLlll]I I9sE02 P,/I?/?AOI Gl:llP ll3l2 ?3'n n ftsDOiF
f T;t tb.m D o.oo G*rtELD oorrrrY co
f I ', ,oi" expense shall have the first prioritv right to the inueased amount of water produced by the I
I
I , Water Systern as a result of the improvement. I
I I 8. Disoonnec.tion from Water $vstem. In the evenr that either party hereto desires I
f I to discontinue the use of water from the Water System, such party may disconnect all or any If portion of its lands from said Water System, and, upon disconnecting and giving written notice II t :ffT|$"::m"ffi ill:.:'ffJ,'#l;J',#l,lll"J[J#f:ix,*i1'lJ?13;ffi li"li'ff II r [:?,'Jff:i'i1trffi:iJ"*:i:1,f"x#:.'ff],,f:::"*r:,li.iffi:l1txlm*llljl* I
f I su.ch disconnecting party shall not thereafter be allowed to reconnect to the Water System I
I without having first obtained the written consent of the owners of all properties then utilizing the II t I;1fl":",:"T;,,TJBi,'r":l#ff#:"""H'::r"$.T,lJT$"n"# j|",#"$:,:JH*"r If thereafter incurred shall be borne by the owner(s) of the remaining lands receiving service in I
I I proportion to the amount of water they receive.
I
f 9' Ternination-of Previous Aqreement. l'he parties hereto acknowledge and It I 1T:;H::,1?,f;'iHiff:ffi*ffi1:1:"H:T:1ili,::'"1::"i,!d#:,:"HilU:E;y::ff I
I _ 3 Reception No. 400863, in Book 752 at Page 529. As such, it is the intention of the parties II I E::;::l*".t*':$f'trr""JJ"'Jlii'ffi:'.""*ffii:?fiJ&,;#r;:?1,1.:,xiH ffi:: I
I Usage Agreement shall be terrninated. I
I I I0. Water Use Restriction. Water from the Water System shall be used only for the I
I purposes set forth in this Agreement upon the lands now owned by the parties hereto. Any use II t :ilili:T:Li:: xi":i.1:lt:1ffi:l,"i.lltis,,,fii'jlfl'j:'*1,':,p:ii'H'f; Hfil I
I described lands. Notwithstanding any thing in this Agreement to the contrary, the parties hereto II I il3,"Jlt,Tk-ff:j#i"T"ffi#fi:il.rui-"L';:l.',li#i?lxo'iJ:i,:ffi"Iif,#x1H I
I terms and oonditions of this Agreement. No owner of any property benefited or burdened by this I
I I fs':'ffi::l?[x#ii]?l'J'#1,1,'il:,.";ir;i:];T,1:tr,1'J$'J:;,HiJffiil*:,:li:: I
I I --:--.=;;===r*.",,"'.,,,
I
l l hereinil.,, #i,"ffi'il:.H*i'fiT:llfiill,fi: I
I parties hereto, and their heirs, successors and assigns. Any party acquiring title to any of I
Ilr
| *"rer IJsc Agrcement
I I
t;:!f:,;;;. Reatty Limired Liabitity co /s'untight Mounrain Properties, LLC
I
IT
I
B,:
I
I
I
I
t b" Entbrcement. I he owner of an1, of the lands benefited and burdened
hereby shall have the righ.t to enforce, by any proceeding at law or in equity, my of the
covenants, conditions and promises contained herein. F'ailure to enforce any such
covenant, promise or condition in the first instance shall not be deemed a waiver of the
riglrt to enforce subsequent violations of any such covenant, promise or condition of this
Agreement. The party prevailing in any action brought to enforce this Agreement shall
be entitled to recover of all its court costs incuned in such action, including its
reasonable attomey's fees. This Agreement shall be construed and enlbrced in
accordance with Colorado law,
c. Severability. Each of the promises and covenants contained in this
Agreement shall be deemed independent and separate and the invalidation of any one
shall not affect the validity and continuing effect of the remaining provisions of this
Agreement.
=omf1ffivd by
an instrument in writing signed by the owners of all property benefited and burdened
hereby. This Agreement shall remain in effect until terminated by a w,ritten instrument
executed by all of the owners of the real property affected hereby.
e. Notices. Any notice required to be made by this Agreement shall be
deemed delivered upon being placed in the United States maii postage prepaid, and
bearing the address of the owner or owners of the affected real property as shown in the
records of the Assessor of Garfield County, Colorado.
iN WITNESS WHEREOF, the parties have hereto tiave signed this Agreement effective
as of the day and year first rvritten above.
SIINLIGHT IhIhT & REALTY LIMITED LIABILITY CO.,
a Colorado limited liability company
By:
rrr, /::.,41 "h
SLINLIGHT MOUNTAIN PROPERTIES, LLC,
a Colorado limited liability company
l9at.rr Use Agreement
Sunlight Inn & Rec)\ry* Limited Liobility,Co.;Sunlight Mountain Properties, LLC
Page 5 oJ 5
t
I
T
T
I
I
T
t
I
I
T
T
i{lIflI$lH!ffil:!#tH,t$1,!l#l|rrlrrpr
II
lr
IT
T
t
t
I
t
I
I
t
T
#il'rf tr'l#wjlLH*H'*i[T,,*I$trr
L n*"1,1-1.1r, *ffi,rffi;" }i,il,'fi ;ir;*:ji[?l"t_y;fff,,il:^lf$H:
covenants, conditions and promises contained herein.- Failure to enforce any suchcovenant, promise or condition in the first instance shall not be deemed a waiver of theright to enforce subsequent violations of any such covenant, promise or condition of thisAgreement' The party pYtling in
"rry
*rtion brought to Lnforr. this Agreement shallbe entitled to recover of all itr rourt costs incuora i, such action, including itsreasonable attomey's lbes. This Agreement shall be construed and enforced inaccordance with Colorado law.
eg,"",,:",,,*iffi;,:i#llT#"$:::,*r"iliiilT,#,T:If i"il,n:shall not affect the validity and lontinuing effect of the remaining provisions of thisAgreement.
d. Amendrnent and rgrmination. This Agreement may onry be amended byan instrunrent in writing signed by th" "*rers of atl prop"rty denefited and burdenedhereby' This Agreement stratt t"*"in in effect untit terminatea by a written instmmentexecuted by ail of the owners of the rear property affected rr"ruy.
-
e. Notices. Any notice required to be made by this Agreement shall bedeemed delivered upon being placed in tt" united states mail postage prepaid, andbearing the address of the owner or owners of the affected real property as shown in therecords of the Assessor of Garfierd county, cororado.
IN wITNEss wrienEoF, the parties have hereto have signed this Agreemenr effecriveas of the day and year first written above.
STINLIGHT INN & REALTY LMITED LIABILITY CO.,
a Colorado limited liability company
lf'ater Use Agreenent
slnliglt Inn & Real4' Limited Liabitity co./sunright MountaiB properries, LLCPage 5 of 5
oi*i
i$ili{it E
s:s[I$ili :
stisll$ii !
ii$$$,
ll,itii
I
iiii$$iItiilt
ir[Ersiqiii]
$*$lIiL{i
iffi$$T
i-
tl ii:si $
i
{_
rtt
8*!
sE!$
b
$
n\o
6
N
R
fr1
-tlt\tl
\:r
F
B-..
t'r
tf'rNT
E
3
F..o
H
0\l:UF
RB
E*\Jh
t5 eltr>ti
PH>tsS-
q)l]
\{
t- Flr
=H
'>r
roH
HNSOt=t\J*do?
p
Ho
-{
2caLri s
HS,3
.,oS
RNl\Jse
=N\
^?h:'l -l ={rr,-.
Oo\qg,A
SH
ESogr?
(rhb c,o
co!
s
t\)
q
e
s,
l*
N
rql
,i$
sI
;l
8.r
s
\a
:a
s 3e
ii i$'
Iii$:i tl
i$$i
iiiirT *l\' . H
{s f tt9 -ES"i
BUis*i:tsrqs
s$Brsi
s$
c.
it:,
a-
ls ry$ffils
$,Nqt$
$I
Eg
gq
xE
Eiit,iiit I .ht
FN
ri$ii$!si
g$:t iti$i
i:$$l*iii ts
iiii$iiiiH
$$N$
$l*J sis
o *ii
dEE
iiEr
E
tro
;.-
$
s
$a
=
$
S
E
---.-F
isibis
tlF:;
iF*r
llPt
gl;t
[''h.
*lEs
I[NlX
$Nr$u
$
.EElrsc) {-t
tH-
Bz
ii
l{t
:
ffin
IIIIIIIIIIIIIIIIIII
III IIIIIIIIII
Adjoining 2J97
*ra
i,
L
9.l.
I
A\,
IG-DF1---rtr:DF:r
Adjo;ning 2395
€)
I
+c +
:s
'Nrtn "l'. \.\Ji, C,o
o, cll
(o
2tef,-ra?-m-lo2 {
6 P--=Z--<F-
\
\
n
--+FDF---. 5-+
ir
ii
Htamg;
<a
BE
.r fl
@