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Home My WebLink About1.00 General Application MaterialsCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ 217701200404 Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 8 ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 8 system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 8 e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 8 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company Issuing Office: 1322 Grand Avenue Glenwood Springs, CO 81601 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2024-05-69 Issuing Office File Number: 2024-05-69 Property Address: 1404 County Rd 223, Rifle, CO 81650 Revision Number: SCHEDULE A 1.Commitment Date: May 22, 2024 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple 3.The estate or interest in the Land at the Commitment Date is: fee simple 4.The Title is, at the Commitment Date, vested in: AHC Rifle, LLC, a Colorado limited liability company 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. COMMONWEALTH TITLE COMPANY 1322 Grand Avenue, Glenwood Springs, CO 81601 Telephone: (970) 945-4444 Countersigned by: Patrick P. Burwell, License #153719 Commonwealth Title Company, License #292895 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 8 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Title Commitment update: $250.00 4. -This is an informational only commitment and no policy will be issued hereunder. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 8 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on April 20, 1894 as Instrument #17194 in the official records 10. Reservation of mineral rights more fully described in Deed recorded on March 10, 1964 as Instrument #224628 in the official records and any and all interests therein or assignments thereof. 11. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 8, 1908 as Instrument #37488 in the official records 12. Easement and right of way for County Road No.s 223 and 233 insofar as they may affect subject property. 13. terms and conditions of Agreement for Grant of Easement for irrigation water pipeline recorded on December 2, 1994 as Instrument #471609 in the official records 14. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on December 3, 1996 as Instrument #501849 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 8 15. Terms, conditions and all matters set forth in Agreement recorded on April 23, 1992 as Instrument #434019 in the official records 16. Declaration of private roadway easement and maintenance obligations recorded on December 3, 1996 as Instrument #501850 in the official records 17. Easement and right of way as described in document recorded on February 20, 2001 as Instrument #576218 in the official records 18. Deed of Trust from AHC Rifle, LLC, a Colorado limited liability company to the Public Trustee of Garfield County for the use of Skyler S. De Boer Revocable Trust dated December 19, 2007, showing an original amount of $1,840,000.00, and recorded October 2, 2019 as Instrument #926317, and amended July 12, 2022 as Instrument #976957, July 12, 2022 as Instrument #976958, April 17, 2023 as Instrument #985087 and March 26, 2024 as Instrument #994626. 19. Possessory rights outside of fence, apparent easement for overhead utilities and all matters shown on Improvement Location Certificate prepared by Bookcliff Survey Services, Inc. Dated February 16, 2017, Project No. 17014.01. official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 8 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows: Lot 3 of Section 1, and the SE1/4NW1/4 of Section 1, also described as Tracts 5, 6, 11, 12, 21, 22, 27 and 28, as shown on the Antlers Orchard Development Company's Plat No. 1, recorded in the office of the Clerk and Recorder of Garfield County, Colorado, all in Township 6 South, Range 93 West of the 6th P.M. EXCEPTING therefrom Tract 27 conveyed in deed recorded July 2, 1993 in Book 867 at Page 772 and except Tract 28 conveyed in deed recorded December 3, 1996 in Book 1001 at Page 921. Vicinity Map 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 217701200404 DATE: 3/1/2024 PROJECT: Antlers Orchard Amended Final Plat Tracts 5, 6, 11 ,12, 21, and 22 OWNERS: AHC Rifle LLC Bill Collins CONTACT/REPRESENTATIVE: Keith Ehlers PRACTICAL LOCATION: 1404 County Road 223 TYPE OF APPLICATION: Amended Final Plat ZONING: Rural COMPREHENSIVE PLAN: Residential Medium High, Rifle Area of Influence I. GENERAL PROJECT DESCRIPTION The applicant owns a parcel (tax parcel) that includes 6 Antler’s Orchard Development Company tracts as well as an unplatted parcel. The proposal is to reshape the 6 Antler’s Orchard Plats from their current descriptions to something like the figure provided on the next page. The Amended Final Plat would consolidate acreage into 2 of the lots and shrink the other 4 into lots between 3 and 4 acres. Staff discussed the proposal with the Director and made the determination that since the proposal is significantly reducing the size of the tracts, the application will need to provide additional information on water supply and physical access. This is in addition to the standard Amended Final Plat submittal requirements and review criteria listed below. The Director is not requiring pump tests or soil percolation tests as part of the amended final plat at this time, just demonstrating that legal water will be maintained for each lot. Well permits for each may be the easiest way to accomplish that. Any shared access should be on an easement with appropriate shared road agreements. The application should demonstrate that the altered boundaries will not create any nonconformities with Table 3-201 or Article 7, Divisions 1-4. If an unplatted parcel is involved, a Boundary Line Adjustment (BLA) should be prepared so it could be recorded along with the Amended Final Plat. The applicant may be interested in subdividing the larger lots at a later date. 2 II. COMPREHENSIVE PLAN The area is in Rifle’s area of influence and is designated Residential Medium High. 3 III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:  Section 5-305 – Amended Final Plat Review and Review Criteria  Table 5-103 Common Review Procedures and Required Notice  Table 5-401 Submittal Requirements  Section 5-402 Description of Submittal Requirements including requirements for a Final Plat  Section 4-103 Administrative Review and Section 4-101 Common Review Procedures  Article 7, Divisions 1, 2, 3, and 4 as applicable IV. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal. The current code can be found here: Click to access Garfield County Land Use and Development Code or use https://www.garfield-county.com/community-development/land-use-code/ As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal. General Application Materials including o The Application Form (signed) o Payment of Fees and signed Payment Agreement Form (see attached) o A narrative describing the request and related information o Proof of ownership (Deed) o Title Commitment o A recorded Statement of Authority is required for any property owned by an LLC or other entity o A Letter of Authorization if an owner intends to have a representative complete the Application and processing o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached) o A copy of the Preapplication Summary o Vicinity Map The Proposed Amended Final Plat according to 5-402.F. Final Plat All required certificates (signature blocks) shall be included on the plat If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat An Improvements Agreement or waiver should be included with the request 4 A copy of covenants on the property or reference to recording information for the covenants The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. V. REVIEW PROCESS Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission Board of County Commissioners Board of Adjustment 5 Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Assessor’s Office, Garfield County Consulting Engineer, Division of Water Resources, Local Fire Protection District, City of Rifle. VI. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100(additional hours are billed at hourly rate of $40.50) 6 VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 3/5/2024 Philip Berry, Planner III Date 7 8 9 Reception#:891264 0 Do e O GRRFIELDcoUNTYCo r Recordedat o'clock M. ReceptionNo.Recorder. WARRANTY DEED THIS DEED,madeon April13,2017 Between Skyler S.De Boer Revocable Trust oftheCountyofPitkin,andStateofColorado,grantor,and AHC Rifle,LLC,a Colorado limitedliabilitycompany whoselegaladdressis:45755 Highway6,Glenwood Springs,CO,81601 oftheCountyofGarfieldandStateofColorado,grantee: WITNESSETH,Thatthegrantorforandinconsiderationofthesumof$1,500,000.00DOLLARS,thereceiptandsufficiencyofwhichis herebyacknowledged,hasgranted,bargained,soldandconveyed,andby thesepresentsdoesgrant,bargain,sellandconveyandconfirmuntothe grantee,itssuccessorsand assignsforever,allthe realpropertytogetherwith improvements,ifany,situate,lyingand beinginthe CountyofGarfieldandStateofColoradodescribedasfollows: Lot 3 ofSectionI,and theSE1/4NW1/4 ofSection1,alsodescribedasTracts5,6,11,12,21,22,27 and 28,asshown on the AntlersOrchard Development Company's PlatNo.1,recordedintheofficeoftheClerkand RecorderofGarfield County,Colorado,allinTownship 6 South,Range 93 West ofthe6thP.M. EXCEPTING therefromTract27 conveyed in deed recordedJuly 2,1993 inBook 867 atPage 772 and exceptTract28 conveyed indeedrecordedDecember 3,1996 inBook 1001 atPage 921. asknownby streetandnumberas:1404 CountyRoad223 Rifle CO 81650 TOGETHER withallandsingularthehereditamentsandappurtenancestheretobelonging,orinanywiseappertaining,andthereversionand reversions,remainderandremainders,rents,issuesandprofitsthereof,andalltheestate,right,title,interest,claimanddemandwhatsoeverofthe grantoreitherinlaworequity,of,inandtotheabovebargainedpremises,withthehereditamentsandappurtenances. TO HAVE AND TO HOLD thesaidpremisesabovebargainedanddescribed,withtheappurtenances,untothegrantee,itssuccessorsand assignsforever.And theGrantor,foritself,anditssuccessors,doescovenant,grant,bargain,andagreetoandwiththeGrantee,itssuccessorsand assigns,thatatthetimeoftheensealinganddeliveryofthesepresents,itiswellseizedofthepremisesaboveconveyed,hasgood,sure,perfect, absoluteandindefeasibleestateofinheritance,inlaw,infeesimple,andhasgoodright,fullpowerandlawfulauthoritytogrant,bargain,selland conveythesameinmannerandformasaforesaid,andthatthesamearefreeandclearfromallformerandothergrants,bargains,sales,liens,taxes, assessments,encumbrancesandrestrictionsofwhateverkindornaturesoever,exceptgeneraltaxesandassessmentsfortheyear2017and subsequentyearsandallthosespecificexceptionsdescribedby referencetorecordeddocumentsasreflectedinCommonwealthTitleCompany's CommitmentNo.1701074-1 The grantorshallandwillWARRANT AND FOREVER DEFEND theabovebargainedpremisesinthequietandpeaceablepossessionofthe grantee,itssuccessorsandassigns,againstallandeverypersonorpersonslawfullyclaimingthewholeoranypartthereof.The singularnumber shallincludetheplural,thepluralthesingular,andtheuseofgendershallbeapplicabletoallgenders. IN WITNESS WHEREOF thegrantorhasexecutedthisdeedonthedatesetforthabove. Skyler oer eTr By:CA.) SlhidS.I e stee STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoinginstrumentwasacknowledgedbeforeme on Aprillv ,2017,bySkylerS.De Boer,Trustee,ofSkylerS.De BoerRevocableTrust. WITNESS my handandofficialseal My commissionexpires:..---,NotaryPublic LINDA GABOSS NOTARY PUBUL CommonwealthFileNo.1701074-1 STATE OF COLORADO Retumto:NOTARY ID #1989400?523 475 y6 GlenwoodspringsCo81601 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: February 22, 2017 File No. 1701074-1 Property Address. 1404 County Road 223, Rifle Listing Agent Bullock & Hinkey Real Estate 3110A Blake Avenue Glenwood Springs, CO 81601 Attn: Bill Bullock Email: h2olandman@gmail.com; carla.vanalstyne@sir.com Buyer Frank W. Collins and Joe Trenkle Email: joetrenkle@gmail.com; collinsbk@aol.com Seller Skyler S. DeBoer Revocable Trust Email:sky@sopris.net; anniedeboer@live.com Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Jessica Reed - jessica@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1701074-1 1. Effective Date: February 13, 2017 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $1,500,000.00 Proposed Insured: Frank W. Collins and Joe Trenkle (b) ALTA LOAN POLICY (ALTA 6-17-06) $1,000,000.00 Proposed Insured: Skyler S. DeBoer Revocable Trust 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Skyler S. DeBoer Revocable Trust 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lot 3 of Section 1, and the SE1/4NW1/4 of Section 1, also described as Tracts 5, 6, 11, 12, 21, 22, 27 and 28, as shown on the Antlers Orchard Development Company's Plat No. 1, recorded in the office of the Clerk and Recorder of Garfield County, Colorado, all in Township 6 South, Range 93 West of the 6th P.M. EXCEPTING therefrom Tract 27 conveyed in deed recorded July 2, 1993 in Book 867 at Page 772 and except Tract 28 conveyed in deed recorded December 3, 1996 in Book 1001 at Page 921. TITLE CHARGES Owner's Policy Standard Coverage $3,055.00 Owner's Extended Coverage 65.00 Mortgagee's Policy 125.00 Tax Certificate 15.00 COUNTERSIGNED: ___________Patrick P. Burwell___________________________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1701074-1 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Skyler S. DeBoer Revocable Trust vesting fee simple title in Frank W. Collins and Joe Trenkle. 2. Deed of Trust from Frank W. Collins and Joe Trenkle to the Public Trustee of Garfield County for the use of Skyler S. Deboer Revocable Trust. 3. Release of record by the Public Trustee of the Deed of Trust from Conservation Seeding and Restoration Inc. for the use of Skyler S. DeBoer showing an original amount of $2,499,000.00, dated February 15, 2012 and recorded March 9, 2012 as Reception No.815665 and Modified February 3, 2014 as Reception No. 845911 4. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1701074-1 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2017 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 20, 1894 in Book 12 at Page 315. 10. Reservation of an undivided one-half interest of all oil, gas and minerals as reserved by Steve Keller in deed recorded March 10, 1964 in Book 356 at Page 278, and any and all interests therein or assignments thereof. 11. Easements and rights of way as shown on the recorded plat of Antlers Orchard Development Company's Plat No. 1. 12. Easement and right of way for County Road No.s 223 and 233 insofar as they may affect subject property. 13. Terms and conditions of Agreement for Grant of Easement for irrigation water pipeline recorded December 2, 1994 in Book 924 at Page 262. 14. Declaration of covenants and standards of use for Farmers Irrigation Company water rights recorded December 3, 1996 in Book 1001 at Page 915. 15. Terms and conditions of cooperative agreement for permanent damage prevention fencing by and between Riley McClung and the Division of Wildlife recorded April 23, 1992 in Book 829 at Page 837. 16. Declaration of private roadway easement and maintenance obligations recorded December 3, 1996 in Book 1001 at Page 917. 17. Terms and conditions of irrigation pipeline easement recorded February 20, 2001 in Book 1232 at Page 355. 18. Possessory rights outside of fence, apparent easement for overhead utilities and all matters shown on Improvement Location Certificate prepared by Bookcliff Survey Services, Inc. dated February 16, 2017, Project No. 17014.01. NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE OWNERS POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Ell F41W,E M m ilMMHW,2 Ed E lil e od*NeÎÊ ÊÅRFIELDCOUNTYC0 Upon recordingreturnto: CurtisB.Sanders,Esq. Sherman &Howard L.L.C. 730EastDurantAvenue,Suite200 Aspen,Colorado81611 FIRST AMENDMENT TO DEED OF TRUST THIS FIRST AMENDMENT TO DEED OF TRUST (this"Amendment")isdatedtobe effectiveas of May 27, 2022,and ismade by AHC RIFLE, LLC,a Colorado limitedliability company (collectively,"Grantor")whose addressis399 GrulloLane, Silt,Colorado 81652,and the PublicTrusteeof the County of Garfield,Stateof Colorado forthe benefitof SKYLER S. DEBOER REVOCABLE TRUST DATED DECEMBER 19,2007 ("Lender")whose addressis 2730 Snowmass Creek Road,Snowmass,Colorado 81654. RECITALS A. Lender has made a loantoGrantor in the originalprincipalamount ofOne Million, Eight Hundred and Forty Thousand U.S.Dollarsand No Cents (U.S.$1,840,000.00)pursuantto, interalia:(a)Promissory Note between Grantor and Lender datedApril 1,2020 (the"Note"), and (b)Deed ofTrustdatedOctober 1,2019 and recordedOctober 2,2019 atReceptionNo. 926317 intheofficialrecordsofthe Clerkand RecorderforGarfleIdCounty,Colorado (the "Deed of Trust"). B. The Deed ofTrustrelatesto certainrealpropertylegallydescribedasfollows: Lot 3 ofSection1,and the SEl/4NW1/4 of Section 1,alsodescribedas Tracts5,6,11, 12,21,22,27 and 28,asshown on theAntlersOrchard Development Company's PlatNo.1, recordedin theofficeoftheClerkand RecorderofGarfieldCounty,Colorado,allin Township 6 South,Range 93 West ofthe6thP.M. EXCEPTING therefromTract27 conveyed inthedeed recordedJuly2,1993 inBook 867 atPage 772 and exceptTract28 conveyed inthedeed recordedDecember 3,1996 inBook 1001 atPage 921, Also known as 1404 County Road 223,Rifle,Colorado 81650 ("Property"), AND ALL APPURTENANT WATER RIGHTS and associatedstructures,easementsand rightsof way, includingby way of example and without limitation,93 sharesinthe Farmers' IrrigationCompany representedby CertificateNo.2107,0.3sharesinthe Grand River Ditch Company representedby CertificateNo.1039,10 shares inthe Grand River Ditch Company representedby CertificateNo.1039,10 acrefeetofSiltWater Conservancy Districtwater,an approximately 800,000 galloncapacitywater storage reservoir,and allrightsassociated with Well Permit No.157881,allas used inconnectionwiththe Property. 54916660.1 5 Ell FAWN|WMEMKü¾l Md El Ill Dd'ÈËÑRFIELD COUNTYC0 C. Grantorhas requestedthatLender agree modify the Deed ofTrustas provided herein. Lender iswillingtoso modify theDeed of Trust,subjecttothe termsand conditionsherein. AGREEMENT For good and valuableconsideration,the receiptand sufficiencyofwhich arehereby acknowledged,thepartiesagree as follows: 1.Acknowledgement of Recitals.The partiesacknowledge and agree thatthe foregoing recitalsare true,correct,and accurateand are incorporatedintothisAmendment. 2.Accuracy of Representationsand Warranties.Grantor representsand warrantsto Lender thatasofthe date ofthisAmendment,allrepresentationsand warrantiescontainedinthe Deed ofTrustare true,correct,accurateand complete. 3.MaturityDate of Note. The firstrecitalofthe Deed of Trustreferencesa maturity datefortheNote of April 1,2022.The firstrecitaloftheDeed of Trustishereby amended to referencea maturitydatefortheNote of April 1,2023. 4.Binding Effect.The Deed of Trust,asmodified herein,shallbe bindingupon and shall inuretothebenefitofGrantorand Lender and theirheirs,successorsand assignsand the executors,legaladministrators,personalrepresentatives,heirs,devisees,and beneficiariesof Grantor.In theeventofa conflictbetween thisAmendment and theDeed of Trust,theterms and conditionsofthisAmendment shallcontroland bindthe partieshereto. 5.Counterparts.ThisAmendment may be executedinone ormore counterparts,each of which shallbe deemed an originaland allofwhich togethershallconstituteone and thesame document.Signaturepages may be detachedfrom the counterpartsand attachedtoa singlecopy ofthisAmendment to physicallyform one document. PRIOR TO SIGNING THIS AMENDMENT,GRANTOR HAS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AMENDMENT.GRANTOR AGREES TO THE TERMS OF THIS AMENDMENT. «SIGNATURE PAGES AND ACKNOWLEDGMENTS TO FOLLOW» 2 54916660.1 ElF INE.WalNM6WE hW EA E Ill i ø od°ÈeeTEÚSSRFIELD COUNTYCO GRANTOR: AHC RIFLE, LLC, a Colorado limitedliabilitycompany By:/g/p -p ( Frank W. Collms Öate Its:Manager STATE OF bWc ) )ss. COUNTY OF bcíd el ) Acknowledged beforeme thisE day of Áno ,2022,by Frank W.Collinsas Manager ofAHC Rifle,LLC,a Colorado limitedliabilitycompany. Witness my hand and officialseal My commission expires:l9l;LWÍá3 Notary Pdblic TRACY L.BARNER NOTARY PUE'JC STATE OF COLORADO NOTARY ID#O994017109 M Gemm sienEnfes June28 2023 3 54916660.1 ElllFsNPARf WsthW WAWGMMElli 220 s od°Èee RFIELDCOUNTYC0 BENEFICIARY: SKYLER S.DEBOER REVOCABLE TRUST DA B ,2 7 By: SkflerS.DeBoer,Trustee Date STATE OF ol D (72Ñ O ) )ss. COUNTY OF h a ) Acknowledged beforeme thisZ(oÕday of M4 V ,2022,by SkylerS.DeBoer,as Trusteeof Skyler S.DeBoer Revocable TrustDated Decefnber 19,2007. Witness my hand and officialseal. My commission expires:C o Notary ublic DEBRAREDMOUNT NOTARYPUBLIC-STATEOFCOLORADO NOTARYID20174015023 MY COMMISSIONEXPIRESAPR6,2025 4 54916660.1 Rec t.ion#:976957 5 e o Do e RFIELDCOUNTYCO ExhibitA toDeed ofTrust (LegalDescriptionof Property) A PARCELOF LANDLOCATEDINA PORTIONOF1RACIS105AND 106,SEC110N33,TOWNSHIPBNORTH,RANGE 8SWESTOFTHEGTHPRINCIPALMERIDIAN,COUNTY OFROUTT,STATEOF COLORADO,MORE PARTICULARLYDESCRIBEDAS FOLLOWS: BEGINNINGATTHE GLOBRASSCAPAT ANGLEPOINTNUMBER3 OFSAIDTRACT105,THENCEALONGTHE WEST LINE OFSAIDTRACT105NORTH00DEGREES59MINUIES36SECONDSFASTADISTANCEOF314.71FEETTO THE NORTH LINE OF60FOOT WJDEUHLI1TANDACCESSEASEMENTASRECORDEDAT RECEPIIONNOS.620829AND 630837OF TEE ROUlTCOUNTY CLERKAND RECORDERSRECORDS;THENCEALONG THENORTH LINEOF 60FOOTWIDE UTILITYAND ACCESSEASEMENTAS RECORDEDAT RECEPTION620829AND 630837OF THE ROUITCOUNTYCLERKAND RECORDERS RECORDSTHEFOLLOWING19COURSES:THENCENORTH83DEGREES23MINUTES11SECONDSEASTADISTANCEOF 2037FEET;THENCEALONG CURVE IDTBELEFTHAVINGA RADIUSOF120.00FEET,A CHORD BEARINGOF NORTH 62 DEGREES27MINUTESS7SECONDSEASTACHORD DISTANCEOF8S.70FEET,ANDALENGIHOF87.83FEETALONGSAID CURVE;THENCENORTH41DEGREES32MINUIES46SECONDSEASTADISTANCEOF7336FEET;THENCEALONG A CURVERIGHTHAVINGA RADIUSOF330.00FEET,A CHORDBEARINGOFNORTHS0DEGREES07MINUTES31SECONDS EASTACHORDDISTANCEOF98ASFEET,AND A LENGTH OF 98.82FEETALONGSAIDCURVE;THENCENORTH S8 DEGREES42MINUTES13SECONDSEASTADISTANCEOF7830FEET;'DIENCEALONGA CURVERIGHTHAVINGA RADIUS OF220.00FEET,A CHORD BEARINGOFNORTH38DEGREES39MINUTES2BSECONDSEASTACHORD DISTANCEOF15033 FEET,ANDA LENGTH OF 153.95FEETALONG SAIDCURVE;THENCENORTH18DEGREES36MINUTES35SECONDSEASTA DISTANCEOF 73.20FEET;THENCEALONG A CURVE NORTHWESTERLYHAVINGARADIUSOF 160.00PEETA CHORD BEARINGOFNORTH40DEGREES42MINUTESS4SECONDSEAST,A CHORD DISTANCEOF 120.42PEET,AND A LENGTH OF 123.46PEETALONGSAIDCURVE;THENCENORTH62DEGREES49MINUIES05SECONDSEASTADISTANCEOF19L45 FEET;THENCEALONG A CURVETO THE LEFTHAVINGARADIUSOF120.00FEET,ACHORD BEARINGOF NORTH 39 DEGREES29MINUTES42SECONDSEASTA CHORD DISTANCEOF95.02FEET,ANDA LENGTHOF 97.70FEETALONGSAID CURVE;THENCENORTH16DEGREES10MINUTES14SECONDSEASTA DISTANCEOF130J.2FEET;THENCEALONGA CURVETOTHE RIGHTHAVINGA RADIUSOF180.00FEETA CHORD BEARINGOFNORTH23 DEGREES39MINUTES26 SECONDSEASTA CHORD DISTANCEOF 4831FEET,ANDA LENGTH OF47.04FEETALONG SAIDCURVE;THENCENOR111 31DEGREES08MINUTES38SECONDSEASTA DISTANCEOF 96A9FEET;TIIENCEALONGA CURVE TO THE RIGHT HAVINGA RADIUSOF255.00FEETA CHORD BEARINGOFNORTH 48DEGREES30MINUTES53SECONDSEAST,A CHORD DISTANCEOF 152.26FEET,ANDALENGTHOFIS4.62FEETALONGSAIDCURVE;THENCE NORTH65DEGREESS3MINUTES 08SECONDSEASTADISTANCEOF 208.70FEET;THENCEALONGA CURVETO THELEFTHAVINGARADIUSOF 195.00 FEETACHORDBEARINGOFNORTHS2DEGREES22MINUTES17SECONDSEASTACHORDDISTANCEOF9L14FEET,AND ALENGTH OF 9L99FEETALONGSAIDCURVE;THENCENORTH38DEGREES51MINUTES27SECONDSEASTADISTANCE OF72.87FEET;THENCEALONGA CURVETOTHELEFTHAVINGARADIUSOF255.00FEET,A CHORD BEARINGOF NORTH 51DEGREES00MINUTES11SECONDSEASTA CHORD DISTANCEOF19730FEET,ANDA LENGTHOF108.11FEETALONG SAIDCURVE;THENCEALONGTHEEASTLINEOFSAIDTRACT105NORTH 02DEGREES28MINUTES27SECONDSEASTA DISTANCEOF 1946.06FEETTOANGLE POINTNUMBER1OF SAIDTRACT 105;THENCESOUTH 03DEGREES40MINUTES37 SECONDSEASTADISTANCEOF133L98FEETTOANORTHLINEOFSAIDTRACT10S;THENCEALONG SAIDNORTHLINE OFTRACT105SOUTH88DEGREES26MINUTESSSSECONDSEASTADISTANCEOF 78L01FEET;THENCESOUTH 09 DEGREES15MINUIES16SECONDSWESTADISTANCEOF198.79FEET;THENCESOUTH 09DEGREES15MINUTES16 SECONDSWESTADISTANCEOF562,88FEET;THENCE SOUTH00DEGREES59MINUTES14SECONDSWESTADISTANCE OFS64.01PEET;THENCENORTH88DEGREES38MINUTES45SECONDSWEST A DISTANCEOF 942.00FEETTO ANGLE POINTNUMBER 4OF SAIDTRACT105;THENCEALONG THESOUIHLINEOFSAIDTRACT10SNORTH 88DEGREES38 MINUTES4SSECONDSWESTA DISTANCEOF1168.16FEETTOTHE POINTOFBEGINNING,COUNTY OF ROUTT,STATEOF COLORADO. BEARINGSAREBASEDUPONLINEBETWEENAP11R109GLO BRASSCAPANDAP61R 106AGLOBRASSCAPASBEING SOUTH 88DEGREESSSMINUTES43SECONDSEASTASSUMEDBASEDUPONA RTKGPSSURVEY LEGALDESCRIPTIONPREPAREDBY: EMERALD MOUNTAINSURVEYS,INC. PROFESSIONALLANDSURVEYING PO BOX 774812-28S1RIVERSIDEPLAZA#7D STEAMBOATSFRINGS,CO80477 5 54916660.1 IWW.mINEAMAif.m EllU e o kªSeEÚSNRFIELD COUNTYC0 FIRST AMENDMENT TO PROMISSORY NOTE THIS FIRST AMENDMENT TO PROMISSORY NOTE (this"Amendment")isdatedtobe effectiveasof May 27,2022,and isby and between SKYLER S.DEBOER REVOCABLE TRUST DATED DECEMBER 19,2007 ("Noteholder"),as lenderand AHC RIFLE, LLC,a Colorado limitedliabilitycompany ("Borrower")asborrower. RECITALS A.Borrower previouslydeliveredtoNoteholder thatcertainPromissory Note datedApril 1,2020 inthe originalprincipalamounttof One Million,EightHundred and FortyThousand U.S. Dollarsand No Cents (U.S.$1,840,000.00)(the"Note").Capitalizedterms used hereinwhich arenot otherwisedefinedshallhave the meanings setforthintheNote. B.Borrower has requestedthatNoteholder modify theNote as provided herein. Noteholderiswillingto so modify the Note,subjecttothe terms and conditionsherein. AGREEMENT For good and valuableconsideration,the receiptand sufficiencyof which arehereby acknowledged,thepartiesagree as follows: 1.Acknowledgement ofRecitals.The partiesacknowledge and agree thatthe foregoing recitalsare true,correctand accurateand are incorporatedintothisAmendment. 2.Section1 of Note. SectionloftheNote ishereby deletedinitsentirety. 3.Section2 ofNote.Section2 oftheNote ishereby amended so thatthereference thereinto "April1,2022" isherebychanged to "April1,2023" . 4.Section3 of Note. Section3 oftheNote ishereby amended sothatthereference thereintothe"Deed of Trustrecordedwiththe GarfieldCounty Clerkand Recorder on 10/02/2019at ReceptionNo. 926317" ischanged tothe"Deed of Trustrecordedwiththe GarfieldCounty Clerk and Recorder on 10/02/2019at ReceptionNo.926317,as amended by thatcertainFirstAmendment toDeed of Trustdated May 27,2022,and recordedwiththe GarfieldCounty Clerkand Recorder". 5.Section6 ofNote. Section6 oftheNote ishereby amended so thatthereference thereinto "April1,2022" isherebychanged to "April1,2023" . 6.Ratificationof Note:Not a Novation.The Note,as modified herein,is hereby ratifiedand affirmedby Borrower and shallremain in fullforceand effect,except as modified herein. Borrower and Noteholder hereby agree thatthisAmendment shall be deemed an amendment and continuationof,and nota novation of,theNote. The Note,asmodified herein, shallbe binding upon and shallinureto the benefitof Borrower and Noteholder and their permitted heirs,successorsand assigns and the executors,legal administrators,personal 54916633.1 ElliFsMlfd HQ NEE IW4WJW idhh Ellll s Dd*5eIEIENRFIELD COUNTYCO representatives,heirs,devisees,and beneficiariesofBorrower. Inthe eventofa conflictbetween thisAmendment and the Note,the terms and conditionsof thisAmendment shallcontroland bindthe partieshereto. 7.Counterparts.ThisAmendment may be executed inone ormore counterparts,each ofwhich shallbe deemed an originaland allofwhich togethershallconstituteone and thesame document.Signaturepages may be detachedfrom the counterpartsand attachedtoa singlecopy ofthisAmendment to physicallyform one document. PRIOR TO SIGNING THIS AMENDMENT,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AMENDMENT. BORROWER AGREES TO THE TERMS OF THIS AMENDMENT. «SIGNATURE PAGE TO FOLLOW» 2 54916633.1 ElllFADM W HIJM.1NL¾TMMdd Ell e e od°Êee RFIELDCOUNTYC0 BORROWER: AHC RIFLE, LLC, a Colorado limitedliabilitycompany Frank W. Collins Date Its:Manager NOTEHOLDER: SKYLER S.DEBOER REVOCABLE TRUST DATE EM R 1 200 By:T(42sr Eyler DeBoer,Trustde Date n.r C lo ca A n Cosntyof Submerthedsadsworn/af!Irmedtobeforemethis dayof ,,A,,,w er 5 &»oer NotaryPublic CommissionEspires: DEBRAREDMOUNT NOTARYPUBLIC-STATEOF COLORADO NOTARYID20174015023 MY COMMISSIONEXPiRESAPR6,2025 3 54916633.1 Ell ÑMEÑ1 hLlëÚhWKfEWäa4Ellll e od*?85iå8RFIELD COUNTYC0 STATE OF COLORADO ) ) COUNTY OF GARFIELD ) Subscribed and sworn tobeforeme this D day ofÚ we..by Witness my hand and seal. My commissions expires:L#Í18 39O . Notar ublic TRACY L.BARNER NOTARY PUBUC STATE OF COLORADO NOTARY ID#19094017109 My Gemmission ,23 D:\TRACYBARNERCPAPC\TEMPLATES\NOTARY_SIGNATURE.DOC ElliEÚMMMlMMM WMWM El Ill å ø od*NeË 88RFIELDCOUNTYCO DEED OF TRUST THIS DEED OF TRUST ismade this I day of (,c b ,2019,betweenAHC RIFLE, LLC,a Colorado limitedliabilitycompany,whose addressis45755 Highway 6 &24, Glenwood Springs,CO 81601 ("Borrower"),and thePUBLIC TRUSTEE OF THE COUNTY OF GARFIELD,intheStateof Colorado (the"Trustee")forthe benefitof theSKYLER S.DE BOER REVOCABLE TRUST DATED DECEMBER 19, 2007,whose addressis 2730 Snowmass Creek Road, Snowmass,CO 81654 ("Lender"or "Beneficiary"). WITNESSETH: WHEREAS,theBorrower has executeda PromissoryNote (the"Note")bearingeven date herewithfor the maximum principalsum of ONE MILLION EIGHT HUNDRED FORTY THOUSAND and 00/100 DOLLARS ($1,840,000.00)as setforthin the Note,payablewith interestthereonat theratesetoutin the Note,which principaland accruedinterest,ifnot sooner paid,ispayableinfullon April1,2022. AND WHEREAS,theBorrower desirestosecurethe payment of principaland interestand the performance ofallotherobligationsassumed by Borrower under the Note,thetermsofwhich Note areincorporatedhereinby thisreference. NOW,THEREFORE,theBorrower,in considerationof thepremisesand forthe purposes aforesaid,does hereby grant,bargain,selland convey unto the Trustee,in.trust,forthebenefitof the Lender,the followingdescribedproperty(the"Property")situatedin the County of Garfield, Stateof Colorado,to-wit: Lot 3 ofSection1,and the SE1/4NW1/4 ofSection1,alsodescribedasTracts 5,6,11, 12,21,22,27 and 28,as shown on theAntlersOrchard Development Company's Plat No.1,recordedin the officeofthe Clerk and Recorder ofGarfieldCounty,Colorado, allin Township 6 South,Range 93 West of the 6thP.M. EXCEPTING therefromTract 27 conveyed inthe deed recorded July 2,1993inBook 867 at Page 772 and except Tract 28 conveyed inthedeed recorded December 3,1996 inBook 1001at Page 921, Also known as 1404 County Road 223,Rifle,Colorado 81650 ("Property"), AND ALL APPURTENANT WATER RIGHTS and associated structures, easements and rightsof way,includingby way of example and without limitation,93 shares in the Farmers'IrrigationCompany representedby CertificateNo.2107,0.3 shares in the Grand River Ditch Company representedby CertificateNo.1039,10 Deed ofTrust Page 1 of 5 ||FMHHWMNialMM MN ElIll 2 D e®eÎÉËËRFIELD COUNTYC0 shares in the Grand River Ditch Company representedby CertificateNo.1039,10 acre feetof SiltWater Conservancy Districtwater,an approximately 800,000 gallon capacity water storage reservoir,and all rights associatedwith Well Permit No. 157881,allas used in connectionwith the Property. TO HAVE AND TO HOLD the same togetherwith alleasements,rightsof way, rights, privilegesand appurtenancesto the same,includingbut not limitedto alland singularthe buildings and improvements now and hereafterthereon,and togetheralsowith allshades,wall-to-wall carpeting,screensand screening,awnings, fencing,landscaping,elevators,plumbing materials,gas and electricequipment,and allheating,cooling,airconditioning,and lightingfixtures,equipment, inventory,allplantsplantedby Borrower or an authorizedagent or lesseeon the Property,and any apparatusnow orhereafterattachedtoor a partof the Property,allof which shallbe deemed realty and conveyed by thisDeed of Trust,and allincome,rentsand profitswhich may ariseor be had from any portionor allof theProperty; IN TRUST NEVERTHELESS,and time being oftheessencehereof,inthecaseof default under the Note,or any partthereof,orincaseofdefaultof any of the terms,conditions,covenants or agreementshereincontained,the Lender may filenoticewith thePublicTrusteedeclaringsuch default,violationorbreach and hiselectionand demand forsalein writing,as providedby law,and requestingthatthe Propertybe advertisedforsaleand soldin accordancewiththelawsoftheState of Colorado.Upon receiptof such noticeof electionand demand forsale,theTrusteeshallcausea copy of the same to be recordedin the Recorder'sofficeof the county in which the Propertyis situated,and thereupon theTrusteeshallselland disposeof the Propertyhereindescribedand all the right,titleand interestof the Borrower,itsheirsor assignstherein,at publicauctionatthefront door of theCourthouseinthe County ofGarfieldand Stateof Colorado,or on saidpremises,public noticehavingbeen previouslygivenof thetimeand placeof such sale,inaccordancewiththelaws of the Stateof Colorado,in some newspaper of generalcirculationat the time publishedin said County, togetherwith such other notice,ifany,as may then be requiredby law,and shallissue, executeand delivera certificateof purchase,trustee'sdeed or certificateof redemption in the manner providedby law to the partyentitledthereto.The Trustee'sdeed may be in the ordinary form of conveyance.The Trusteeshall,out of the proceedsor availsof such sale,afterfirstpaying and retainingallfees,chargesand costsof making saidsale,includinga reasonablesum of attomey's fees,pay to the Lender hereunder the then existingamount of indebtednesssecured hereby renderingthe overplus,ifany,unto theBorrower or unto his legalrepresentatives,successorsor assignsorunto such otherpartiesas may be entitledtheretoby law,providedthatitshallnot be the obligationof theLender to see to the applicationof such funds.The Lender may purchase the Propertyor any partthereofatsuchsale. In the caseof any defaultunder theterms and covenantsof thisDeed of Trust,theLender hereundershallatonce become entitledtothe possession,useand enjoyment ofthePropertyand to the rents,issuesand profitstherefrom,from the date of the accruingof such rightand continuing duringthe pendency of foreclosureproceedingsand the periodof redemption,iftherebe any.Such possessionshallbe atonce deliveredtotheLender ortheholderof thecertificateofpurchaseupon requestand upon refusalthe deliveryof such possessionmay be enforcedby theLender or the Deed ofTrust Page 2 of 5 EWARMEWÈrW MM.lMN El Ill Rec tion#: 925317 3 5 3 0 Do e RFIELDCOUNTYCO holderof thecertificateofpurchaseby an appropriatecivilsuitor proceeding.The Lender or the holderof the certificateof purchase shallbe entitledto a receiverof the Propertyto receivethe rents,issuesand profitstherefromafterany such default,includingthetimecoveredby foreclosure proceedingsand the periodof redemption.The Lender or theholderof thecertificateofpurchase shallbe entitledto appointment of a receiverasa matterof rightwithout regardto the solvencyor insolvencyoftheBorrower or ofthethenowner of thePropertyand withoutregardto thevalueof theProperty.Such receivermay be appointedby any courtof competent jurisdictionupon ex-parte applicationand without notice,noticebeing hereby expresslywaived.All rents,issues,profits, income and revenue from the Propertyshallbe appliedby such receivertothe payment firstof the feesand costsof such receivershipproceeding and then to the indebtednesssecured hereby accordingtolaw and theordersand directionsof thecourt.The feesof any such receiver,attorney's feesincurredin appointment of the receiverand administrationof the receivershipestateand all costs,includingcourt costs,shallbe the liabilityof the Borrower,itsheirs,successorsand assigns and shallbe due and payableupon demand.Failureto pay saidfeesand costsupon demand shallbe a breachof thetermsofthisDeed ofTrust. The Borrower,foritself,and for itsheirs,successorsand assigns,covenantsand agreesto maintainthe Propertyin good and saferepair,not to abandon the Propertyand not to permit any wastewhich would impairthe valueof thesecurity,which waste may consistof,butisnotlimitedto neglectintherepairand maintenaáceofthe improvements. If the Property or any part thereofshallbe condemned and takenunder the power of eminent domain,alldamages and awards forthe Propertyso taken,shallbe appliedatthe optionof theLender eitherto the repayment of theindebtednesssecuredhereby or to the rebuilding,repair and restorationof the landsand/or improvements damaged by saidtaking.Any balanceof such damages orawards remainingafterapplicationas above setforthshallbe paidover totheBorrower. Itisunderstoodand agreedthattheLender may,at any time,withoutnoticeto any person, grantto theBorrower any indulgencesof forbearance,grantany extensionof time forpayment of any indebtednesssecuredhereby,orallowany change or changes,substitutionor substitutions,ofor forany of the propertydescribedinthisDeed ofTrust or any othercollateralwhich may be heldby Lender without in any manner affectingthe liabilityof the Borrower,any endorserof the indebtednesssecured hereby,or any other person liablefor the payment of saidindebtedness, togetherwithinterestand any othersums which may become due and payableto the Lender,and alsowithoutin any manner affectingor impairingthelienof thisDeed ofTrustupon theremainder of the Propertyand othercollateralwhich isnot changed or substituted.Itisalsounderstoodand agreedthattheLender and theTrusteemay at any time,without noticeto any person,releaseany portionof thePropertydescribedinthisDeed of Trustor any othercollateralwhich may be heldas securityforthepayment oftheindebtednesssecuredherebyeitherwithor withoutconsiderationfor such releaseor releases,withoutin any manner affectingthe liabilityof the Borrower,allendorsers and allother persons who are or shallbe liablefor the payment of the indebtedness,and also withoutin any manner affecting,disturbingor impairingin any manner whatsoeverthevalidityand priorityof thisDeed of Trust,forthe fullamount of theindebtednessremainingunpaid together withallinterestand advanceswhich shallbecome payable,upon the remainderof thePropertyand Deed ofTrust Page 3 of 5 WMMHMMM E|||| Reception#:928317 4 5 0 Do e RFIELDCOUNTYc0 othercollateralwhich isunreleased.Itisdistinctlyunderstoodand agreedby theBorrower and the Lender thatany releaseorreleasesmay be made by the Lender and theTrusteewithoutthe consent or approvalof anyperson or personswhomsoever. IfBorrower failsto perform the covenantsand agreementscontainedinthisDeed of Trust orifany actionor proceedingiscommenced which affectsLender'sinterestinthe Propertyor the validityof theNote securedherebyincluding,but not limitedto,actionsin eminent domain,code enforcement,insolvencyor arrangementsor proceedingsinvolvinga bankruptora decedent'sestate, or actionsby partiesclaimingan interestseniorand paramount to the lienofthisDeed of Trust,or ifitbecomes necessaryforBeneficiarytofilean actionto uphold thelienofthisDeed of Trust,then Beneficiaryshallhave the rightto employ itsown legalcounselto defend,pursue,compromise, negotiate,or prevent any such litigationand allsums reasonablyexpended by Lender including reasonableattorneys'feesand othercostsinconnectionwith any such legalactionshallbecome so much additionalindebtednesssecuredby thisDeed ofTrustand shallbe paidoutoftheproceedsof the saleof thePropertyencumbered hereby,ifnot otherwisepaid by Borrower. The failureofthe Borrower to pay Lender allsuch sums expended immediatelyupon demand shallentitlethe Lender atitsoption,to declaretheentireindebtednessto be atonce due and payable. In thecaseof defaultin any ofthe payments of principalor interest,accordingtothe Note securedhereby,or of a breachorviolationof any of the covenantsor agreementscontainedherein, or incorporatedherein,by the Borrower,itsexecutors,administratorsor assigns,then,and in the caseof any ofsaidevents,thewhole ofsaidprincipalsum securedherebyand theinterestthereonto thetimeof sale,may atonce or at any time thereafteratthe optionoftheLender become due and payableand the Propertybe soldinthemanner and withthesame effectasiftheindebtednesshad matured and,ifforeclosurebe made by the PublicTrustee,an attorney'sfeeof a reasonableamount for servicesin the supervisionof the foreclosureproceedingstogetherwithallother costsof the foreclosureproceedingsshallbe added by the PublicTrusteetotheindebtednesssecuredhereby to be satisfiedfrom the proceedsof the saleof saidProperty,and ifforeclosurebe made through the courts,a reasonableattorney'sfee shallbe taxed by the courtas a part of the costsof such foreclosureproceedingsand such feesand costsshallbe treatedas a part of the indebtedness securedherebytobe satisfiedfrom theproceedsofthesaleoftheProperty. In theeventthatanyprovisionorclauseofthisDeed of Trustconflictswith applicablelaw, such conflictsshallnot affector invalidateother provisionsof thisDeed of Trustwhich can be giveneffectwithoutthe conflictingprovision.To thisend,theprovisionsofthisDeed of Trustare declaredto be severable.The law of Colorado shallgovern the construction,enforcementand interpretationofthisDeed ofTrust.The partiesagreethatthisDeed ofTrustismade intheStateof Colorado. The covenantshereincontainedshallbind,and the benefitsand advantageshereofshall inureto the respectiveheirs,executors,administrators,successorsand assignsofthe partieshereto. Whenever used herein,the singularnumber shallincludethe pluraland conversely,and the use of any gender shallbe applicableto allgenders.Whenever the term "Lender".isused herein,itshall includethe legalholderor holdersof theNote or of theindebtednesssecuredhereby or,where Deed ofTrust Page 4 of 5 ElliMMMNK EPh¼MMM|MM Ellli s R 3 0 Doc Ñe RFIELDCOUNTYCO applicable,theholderof a certificateofpurchase.Assignment or negotiationof the promissorynote securedhereby shallalsobe an assignmentof the Lender'sinterestunder thisDeed ofTrust. In particular,withoutlimitations,theword "Note"or thewords "PromissoryNote" shallbe singularor pluralasthecasemay be. BORROWER: AHC RIFLE,LLC By: FrankW.Collins,Manager STATE OF COLORADO ) ) COUNTY OF GARFIELD ) The foregoing Deed of Trust was acknowledged before me this _day of CÑC f .2019,by FrankW.Collins,as Manager ofAHC Rifle,LLC. WITNESS my hand and officialseal. HANNAH K THIMSEN NotaryPublic Stateof Colorado NotaryID#20184034101 My CommissionExpires08-24-2022 Notary Publi Deed ofTrust Page 5 of 5 Cannafalls Plat Amendment Project Narrative & Description The owner, ACH Rifle, LLC, of the property located at 1404 County Road 223 proposes an Amended Final Plat to reconfigure the existing (6) lots of 10+ acres in size into the proposed configuration of 6 lots as follows: (1) 40 acre lot; (1) 18.9 acre lot; & (4) 3 acre lots that are more readily accessible to existing infrastructure. The proposal does not create any new lots. The proposed amendment satisfies Article 7 of the Garfield County Land Use and Development Code and will create right-sized residential lots and agricultural opportunities that are compatible with the surrounding residential and agricultural character of the area. The proposed amendment is a reconfiguration of Tracts 5, 6, 11, 12, 21, and 22 of the Antlers Orchard plat. The reconfigured lots can be generally described as follows:  Tract 6 has been reconfigured to better encompass the existing uses of agricultural greenhouses and a residence into an 18.87 are parcel.  Tracts 5,11,12,22 were previously arranged as 10 acre square parcels based on the breakdown of quarter sections that required access and utility easements across each other to serve and individual ownership would result in unnecessary and avoidable irrigation/drainage challenges. The proposal reconfigures these tracts into 3-3.4 acre parcels that each have direct access to County Road 223 and the existing utilities within the right of way.  Tract 21 is proposed as a large 39 acre parcel with direct access to County Road 223 to the west and County Road 233 to the north. The configuration of this parcel enhances the agricultural operations and irrigation efficiency of the property. The proposed amendment will not result in any changes to drainage, utility services, and other applicable Subdivision and Article 7 topics. Utilities and public roads are accessible to all parcels as proposed. The soils and topography of all parcels are suitable for future residential construction and OWTS systems. The applicant has met with the Colorado Division of Water Resources about the proposal and available water data in the area related to wells to determine the reconfiguration of the existing lots into the same number of lots in the proposal will not change the status of well permit availability for the lots. Existing conditions for the property and the surrounding area will be largely unchanged since there is no rezoning or additional lots being proposed. The application is compliant with Article 7: Divisions 1-4 as described on the following pages. DIVISION 1: GENERAL APPROVAL STANDARDS 7‐101. ZONE DISTRICT USE REGULATIONS The proposed plane meets the dimensional bulk standards and other requirements of the Rural zone district and there is no change of zone district or use regulations proposed. 7‐102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The proposed satisfies the intentions of the Comprehensive Plan and there is no change of Comprehensive Plan and IGA’s proposed. 7‐103. COMPATIBILITY The proposed reconfiguration of the existing lots remains compatible with surrounding area by providing a mixture of large agriculture opportunities as well medium sized residential lots with opportunities for smaller agricultural uses on them as well. 7‐104. SOURCE OF WATER The proposed amendment does result in any changes or increased impact to water sources. The existing lots are eligible for water well permits and water data indicates there is sufficient water in the area. The proposed reconfiguration of the lots does not change eligibility for permits or the likelihood of water availability upon drilling a weill. 7‐105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS All proposed lots are of sufficient size and dimensions to satisfy all OWTS requirements within each lot and the soils are supportive of such systems as well. There will be no central water distribution. 7‐106. PUBLIC UTILITIES The proposed amendment does result in any changes to Public Utilities. Power and telephone are available in the county road. All proposed lots have direct access and adjacency to the county road. 7‐107. ACCESS AND ROADWAYS There are no new roadways proposed. All parcels will have direct access to County Road 223 or 233. Tract 11 and 12 have additional access opportunities from the proposed Access and Utility easement encumbering the portion of Tract 21 that extends to Country Road 223 between Tracts 11 and 12. The access easement is available as a primary or secondary access for Tracts 11 and 12 depending on how the homes and ag land is developed within the lots. 7‐108. USE OF LAND SUBJECT TO NATURAL HAZARDS There are no known natural hazards on this location. 7‐109. FIRE PROTECTION The proposed amendment does result in any changes to Fire Protection services. The site exists as 6 lots in the Rural zone district and the proposed amendment will result in the same number of lots and zoning. DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS 7‐201. AGRICULTURAL LANDS No meaningful change to the existing considerations surrounding the agricultural lands is anticipated because no new lots are being created and the zoning remains the same. 7‐202. WILDLIFE HABITAT AREAS The use intensity and the allowed uses remain unchanged with this proposal, therefore there are no impacts to any wildlife habitat the may or may not exist. 7‐203. PROTECTION OF WATERBODIES There are no waterbodies at this location. 7‐204. DRAINAGE AND EROSION The site is relatively flat and utilizes agricultural infrastructure for drainage. The proposed lot reconfiguration will not impact drainage or erosion conditions and any new construction will adhere to county regulations for drainage and erosion control. 7‐205. ENVIRONMENTAL QUALITY The use intensity and the allowed uses remain unchanged with this proposal, therefore there are no impacts to any environmental quality issues being created by this proposal. 7‐206. WILDFIRE HAZARDS The site and the surrounding uses are largely clear ag lands that have little or no wildifire hazards. 7‐207. NATURAL AND GEOLOGIC HAZARDS There are no natural or geologic hazards. 7‐208. RECLAMATION n/a DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 7‐301. COMPATIBLE DESIGN The use intensity and the allowed uses remain unchanged with this proposal so there are no negative impacts to compatibility with the surrounding uses or the comprehensive plan. 7‐302. OFF‐STREET PARKING AND LOADING STANDARDS No off street parking or loading is required or proposed. The use intensity and the allowed uses remain unchanged with this proposal. All future development will comply with applicable parking and loading standards. 7‐303. LANDSCAPING STANDARDS No landscaping is required or proposed. The use intensity and the allowed uses remain unchanged with this proposal. All future development will comply with applicable landscape standards. 7‐304. LIGHTING STANDARDS No lighting is required or proposed. All future development will comply with applicable lighting standards. 7‐305. SNOW STORAGE STANDARDS There are no new roads or public spaces proposed and all future development of the lots will comply with existing snow storage standards. 7‐306. TRAIL AND WALKWAY STANDARDS No new trail or walkways are required or proposed. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS 7‐401. GENERAL SUBDIVISION STANDARDS All proposed lots meet the bulk dimensional standards of the underlying zone district and access requirements. 7‐402. SUBDIVISION LOTS n/a 7‐403. SURVEY MONUMENTS Survey monuments will be maintained or installed as required upon approval. 7‐404. SCHOOL LAND DEDICATION n/a 7‐405. ROAD IMPACT FEES n/a Thank you for your consideration of this proposal. Sincerely, Keith Ehlers 3SE, LLC President 970-210-7680 kehlers@threesail.net DocuSign Envelope ID: 5FB6E77B-3886-4DE0-803E-46CAA585F6BC Parcel Physical Address Owner 2.13E+11 3801 233 COUNTY RD RIFLE PORTER, TRAVIS C 2.13E+11 3483 233 COUNTY RD RIFLE JEWELL, ALBERTA & OWEN GRANT 2.13E+11 3917 233 COUNTY RD RIFLE ROSETTE, KEVIN WAYNE & KORTH, SHELLIE LEE 2.13E+11 3799 233 COUNTY RD RIFLE MOSS, BRADLEY F & WINETTE D 2.18E+11 Not available RIFLE YEAKEL AOD LLC 2.18E+11 1009 223 COUNTY RD RIFLE GREEN, DARRELL C & JUDITH L 2.18E+11 223 COUNTY RD RIFLE GREEN, JOHN A & CHRISTA R 2.18E+11 1190 223 COUNTY RD RIFLE WALCK, MICHAEL R & LINDA K 2.18E+11 810 223 COUNTY RD RIFLE WOOD, TIFFANY D 2.18E+11 1404 223 COUNTY RD RIFLE AHC RIFLE LLC 2.18E+11 868 223 COUNTY RD RIFLE BERNAT, LAURENCE & KATHLEEN C 2.18E+11 Not available RIFLE RUIZ, ROSA I & SERGIO 2.18E+11 2517 210 COUNTY RD RIFLE PENA, LUIS ENRIQUE & PENA JIMENEZ, ENRIQUE ROW Not available null Account Num Mailing Address R210114 3801 COUNTY ROAD 233 SILT, CO 81652 R210889 3483 COUNTY ROAD 233 RIFLE, CO 81650 R211048 3917 COUNTY ROAD 233 RIFLE, CO 81650 R211049 3799 COUNTY ROAD 233 RIFLE, CO 81650 R210476 PO BOX 1150 GLENWOOD SPRINGS, CO 81602 R210110 1009 COUNTY ROAD 223 RIFLE, CO 81650-8725 R210688 756 BUCKEYE COURT RIFLE, CO 81650-2155 R210707 PO BOX 671 RIFLE, CO 81650 R210860 PO BOX 23019 GLADE PARK, CO 81523 R210965 2123 COUNTY ROAD 137 GLENWOOD SPRINGS, CO 81601 R210966 0868 COUNTY ROAD 223 RIFLE, CO 81650 R043008 514 AGUILA WAY NEW CASTLE, CO 81647 R043950 2517 COUNTY ROAD 210 RIFLE, CO 81650