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HomeMy WebLinkAbout1.0 Application'rfi'- fi,"/ c' '/ -/ a'o? KENNETH BALCOMB ( r 920-2005) OF CouNsEL: JoHN A. THULSoN DANTEL C. WENNoGLE Scorr GRosscuP JORDAN MAY Via Hand Delivery Carolyn Dahlgren, Esq. Garfield County Attorney Garfield County Courthouse I08 8'h Street, Ste.279 Glenwood Springs, CO 81601 TELEPHoNE: 97O.945.6546 FAcsrMrLE: 970.945.9769 www.balcombgreen.com January 1.6,2008 Re: Circle Dot Quarry, 110C Application No. M-2007-067 Dear Ms. Dahlgren: The following is submitted in answer to Garfield County's question concerning ownership of surface rock and gravel pertaining to the lands described in the above- referenced Application. Marathon Oil Company ("Marathon") entered into a contract with Berry Petroleum Company ("Berry") to acquire an ownership interest in the surface of various lands, including among others, Lots 23 and 24 of Section 1, Township 6 South, Range 97 West of the 6th P.M., Garfield County, Colorado ("Lands"), which are the subject of the above referenced rock crushing Application. It is our understanding Garfield County has been provided with Berry's concurrence to the above-referenced Application. Based upon the title information obtained, the surface was severed from the minerals when a reservation of "all minerals in and under the above described lands" wa-* made in a Warranty Deed dated December 9,7963, between Redd Ranches, as grantor, and Robert Latham and John Latham, as grantees, which was recorded on December 20, 1.963, rn Book 355 at Page 5 (Reception No.223760). A copy of this December 9,7963 Warranty Deed is enclosed. EBALCOMB & GNEEN, A1"I'ORNTTYS A'I IrA\ry P. EDWARD MULHALL, JR Scorr BALCoMB LAWRENCE R. GREEN TtMorHY A. THULSoN DAVID C. HALLFoRD CHRTSToPHER L. CoYLE THoMAS J, HARTERT CHRTSToPHER L. GETGER SARA M, DUNN P. O. DR{WER 79O 8I8 C()I-OR,A,DO AVENUE GLENwooD SPRTNGS, COLORADO a l602 IlAr,coMB & GREEN, P.C. ATTORNEYS AT Ia{W Carolyn Dahlgren Carfield County Attorney January 76,2008 PageZ Berry, and eventually Marathon, as the surface owners of the Lands, have the right to the rock, gravel and sand as part of the surface estate under Colorado law establishe d rn Kinnelr a. Keith, 1-,28 P.3d 297 (Colo. App. 2005), a copy of which is enclosed for your convenience. On behalf of Marathon, we thank you for your attention to this matter. Please let me know if you have any questions or if we can be of further assistance. Very truly yours, BALCOMB & CREEN, P,C. Enclosures cc: Kirby J. Iler, Senior Counsel, Marathon Oil Company Garfield CountY BUILDING & PLANNING DEPARTMENT April2l,2008 Doug Dennison Cordilleran Compliance Services, lnc. 826% Road Grand Junction, CO 81505 RE: Text Amendment to the County Zoning Resolution of 1978, as amended Doug, As you are aware, on Monday, April zl,z}Ol,the Board approved the following amendments to the text of the County's ZonrngResolution of 1978, as amended: 1) Amend Section 3.10.01 to include "Water Impoundments" as a Special Use; Z) Amend Section 2.02.53 to replace the existing definition of Water Impoundment with the following: water rmpoundment' *r;!;;;:;,';f,,;#f:#,tr,:;;::,,T,:;:fi ';#':#,;:fi:":;; similar water features. Also included, but not limited to produced water and condensate impoundments as the terms are used by the oil and gas industrY. 3) Amend Section 2.00 to replace the old definition of Water Impoundment with "Water Reservoir" as the following: Water Reservoir: A natural or artificial place where water is collected and stored for use, esp. water for supplying a community, irrigating land, furnishing power. 4) Amend Section 2.02.31 and Section 5.03.07 to add "Water Impoundment" as defined in Section 2.02.53. As a next step, this office will prepare a Resolution for the BOCC memorializing this action which will be recorded and a copy will be sent to you for your records. 108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601 (970) 945-8212' (970) 285-7972' Fax: (970) 384-3470 If you have any questions, please do not hesitate to contact this office. Very truly yours, Fred A. Jarman, AICP Director, Building and 970.945.8212 Department 2 m\Ury@ Mamdron OilCompany May 16,2008 Garfield CountY Building & Planning DePartment Attention: Craig Richardson 108 Eighth Street, Suite 401 Glenwood SPrings, Colorado 81505 Re: Circle Dot Quarry Bond Dear Craig, per the conditions of the Rock Quarry permit, we are provi^ding prgof oj supplying the State of Colorado with the encioseO FinanciaiWananty Corporate Surety Bond' lf you have any questions, please contact me at 970S404851 SincerelY, /AM Curtis RYland Rockies Gas Team Prod uction SuPerintendent enc/1 Horizon Park Plaza 743 Horizon Court, Suite 220 Grand Junction, CO 81506 Phone: 970.245-5233 Fax= 970.245.6?87 fcervED *:::r s20; ,u,ti;,Wocfi#llF File: Marathon OilCompany, Grand Junction Office SHTE OF COLOTUDO DIVISTON OT RECLAMATION, MINING AND SAFETY D,.r).:rn:q'tr:, rl \,jr.L,a.ii ltt:i.,rj r;.-r'c l,ll'.t !:r':nr.iir St., R,:,rn. ll5 i).-r')! r'. (irl{ :iii)1, i.i ) J'.:} P146s; -{ti.1.,':{:t-.;5':: F.r\: l.u-i; ii.1:-6 r !:6 llarathon 0i1 Company FTNA}CIAL WARRANTY CORPORA.TE ST,RETY COLORADO ol!lii,:)N r)F RECLAMATIOT- ,!T IN INC -&-SAf ET Y Itlri R,rir'r. 1.. ( l, .-" ,'r :r, : t I r.irr:t , lh, .i .,ri r'r,.r .;r:, r.l.) ar r,lr P,:::.rJ,i l! ('.r1: ,-.,. l)r.-,sj,.:., t.tr r',-trit \.r!.rr.il i t'1.,r.,-' ir,,!i,! Circle Dot Quarry Operator; Operation: Permit No.: \f,'arrantor: Street: Ciry": State: Area Code: Bond No.: 6509810 Safeco lnsurance Comoanv of America Zip Code: -lelephone: This form hos been approved b1, lhe lllineil Land Reclomation Board pursuanl to sectiorrs 34-32-l 17, C.n ^S., of the tVhed Lond ReclomationActand34-32.5-ll7,C.R.S.,o1[theColorodoLondReclonntiott.lctfortheEtlractionofCon!;tructionMateriult..ltty ulterution or modificatiort of thisform, without approval h_t'the Botrtl shull rcsult in rhefinancial worrunut being invalid artd result in lhe voirling oJ ony permit issued itt conjuilction with such invalidJinuncial warran4, urtd subject the operulor to cease and desist orden and civil penultiesfor operuting x,ithoat a pern it parsuail! to seclions 34-32-l2J, Ctr S'., of lhe.\Iined l.ond Reclonrution,4ct und 34-J2.5-123, C.P-S., of the Cotorado Lond Reclanrotion Act lor the Ertaction ttf Conslruction llaterials . KNO\\',\LL I,IEN BY TI-IL,SE PRESENTS. TIJAT: \\'HERE,.\S. rhc Cloltrrado ,\lined Lru:d Reclarnati{)n A,rL C:.;t.S ilri)',;dis tl)al nn ornrit,uai hc i-sir,rcti rifidcr the Act Lrntil the tr'!ined l:rr;aitcilil 'v\:arranty tor \l'arrlnr;;s) a,s dtsciibcd jn 1h,;.,\ot. l9:-1. -14--1:-l()l *t gg. rthc "Acr"). n.s amctrdcd. Lrrnd Reciar:lati{-)r1 Bt.xird rtire "BoarC") ruccives a u'HJiR[AS"i ihr: '(..tperoa.rr" j. ;i pcflnit appllcitlon. o-s anlcnded iurd supplemented, and are rL't'errcd io lrerein ru the ",.{ttecrecl l..ands". \\ l'lERE.\S. in tlrc application ti:r thc pemrit, the Operator has agreed to bc bourrd h-r all rcquiretltcnts ol'the,\ct and all applicahlc nrlss and regulatir)ns tlt'the Bourd. as tutcndcd fionr tirnc to tirnu'. '.\tfccteti [..;rrr.i-r that itre nu\v. L]r nla\ hc+onrc. sub.irct t(i thc penir;I. ar rcquirdd [ry' irrrv. t.)i;r,'r',.r ,.,'1, r:'.i i l..,rri Ri,rl.,rir.rt,rrr,1) rr;i lr . (.;[.irr'i Junclior) . fJ)-rr.tner) r..)ri!'_-(' r-rl' r.rt.', r, ,.rtil lr'i.rrtJ\ro Min.?s t \\'HERE,\S. the Operator and organized and esisting under the larvs of the State of 1 the " \\'arrantor"). a corporation urd dul.v authorized to transact a bonding and suret-v business in the Statc of Colorado are herebl and tirmly bound unto the State in the sum of Twenty Thousand Six Hundred Seventy SDollars($ ---20.676.00---- )tbrthelifeol'rnineoruntilsuchtimeas replacement is received. for the payment of rrhich sum, well and fruly made. rve hereby bind ourselves and our personal representatives, successors and assigns, jointll' altd ser erally. f-rrmli' b1 these presents. WHEREAS, the Board has detennined, in accordance w.ith the Act, that the estimated costs of rcclamation of the Affected Lands are those amounts for the stated periods of time as set tbrth herein. Said amount may be amended from titne to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator and the Wanantor, in accordance with thc Act. has promised and hereby protnises the Board that it will be responsible for all the estimated costs of recluration rvith regard to the Affected Lands, WHEREAS, the Board has determined that this Financial Warra:rfy by the Wanantor equals the estimated costs of reclamation. as approved by the Board, with regard to the Affected Lands. NOW, THEREFORE, the Operator and the Warrantor are held hereby firnrly unto the State of Colorado in the antount of those sums fbr those periods of time as set forth herein. untilthis Financial ltr'arrantl is amended or released in accordance with applicable law. The Board may, for good cause shorvn, increase or decrease the amount and duration of this Financial Warranty. The Operator shall have sixry (60) days after the date of notice of an-v such adjustment to increase the surety alnount, but no such increase shall bind the \l'arrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial \\'arranty. The Operator and the Warrarrtor shall notifi the Board immediately of any event rvhich nray impair this Financial Warranty. lf the Board receives such notice, or otherwise has reasou to believe that this Financial Warrant-v has been materially impaired. it may convene a hearing in accordance rvith the ,{ct for the purpose of determining rvhether impairment has occurred. -lhe obligation of the Operator and tl:e Warrantor;;Itail continuc t.rntiithc Briard has r<lca:^ed fhis F inancjal ['&rrant\'or has iirdere,.J it ,irrrLited in accordancy ,r,iih applicairfe pr,)r,i-.rit',ils r:i';ire Act. lt is un.Jersltrr;d that peritri{Js rlf isars trav rrecessariiy i:c reriuired bet?rra,jrlenr:iriafion can bc made t}:at rtclalnaii.ln oltl'ie,tilecied Lan,Js iias been satisf'actt,rill cilrnplcted- If is al-str recc.'gnized fhat. as reclamariixr is acc,>rrplisircd" rlie afilr)unti)f Ihis Finucial \\'arrant-l ntal be reduced Lands. N,rrevision.extelrsion.ril'rc.r'rc\\Bl i.ll'thepcrnrit.oroftherime a.ilorredtocorttpletcreclat:trtiotl.shall dirnilishthe Operator's or Warrantcrr's rrbligation under lhis Financial \\'arrant-v.,. \o rnisrcpresentatiotl b-t'the Opr,rator rvhiclt ma1 have ipduced the \{ arrenttlr to e\ccute this Financial r'\'arrlnt-v shall be anl delbnse to detnand b1' the State under this agreemellt. _1_ -3- In an-v single l ear during the life of the pc'nnit, the anlount of the Financial Wanantr shall not exceed the estinrated ct'rst of fulll reclaiming all lands to be aflbcted in said rear. plus all lands at]-ected in previous penrrit 1.ears and not y,et full1, reclainred. Reclamatiort costs shall be conrputed uith reference to current reclanration costs. '[he amount of this Financial Warranr-v" is bas,-'d upon estimatL's as to the cost of reclamation. and does not operate to liquidate, limit, enlarge or rLlstrict tht-' Operator's obligations to conrplete reclamation and to cornply in all respects rvith the permit and rvith applicable larvs and regulations governing reclarnati<xr, eren though the actual costthereof may substantialh. exceed the amount of this Financial \&'arranry The Mined Land Reclamation Board or the Office of |vtined [.and Reclarnation ma1'recover the necessary costs, including attomey's fees or fees incuned in foreclosing on or realizing the collateral used in the event this Financial \\'arrang is fortbited. The face atnount of this Financial Warranty .shall be increascd by five hundred dollars ($500.00) to cor,er these costs. The lVarrantor shall not be liable under this Firrancial Warranry- for an amount greater than the sum designated herein, unless increased b1'a later anrendment to this Financial \fu'arranty. This Financial Warranf shall be reviewed bl the Board from time to time, and the Board may require an increase in the principal sum of this Financial Warranty (and a corresponding increase in the surefy" amount) fo cover increases in the estimated costs of reclamation, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Warrantor reserues the right to cancel this Financial Warrarty, eftective onl,v upon an aruriversar)' date, and only by giving written notice to that effect. mailed by Certified Mail, at least ninety (90) day's prior to such anniversarl'date, addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. ln the event ofsuch cancellation. this Financial Walranty shall nevertlreless rernain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such cancellation. unless and until the Operator shall file a substitute Financial Warranty wlrich: ( I ) assumes liabilitl for all reclamation obligations which shall have arisen at any time while this Financial Warranty' is in force; and (2) is accepted in writing by the Board. In the ev'ent of such cancellation. if the Financial Warranrl is not fully released. the amount of the continuing Financial Warranry,. alailable tbr the reclamation of arcas disturbed and unreclairned at the date ofcancellation shall be fixed by the Board at the alnount it determines necessary to complete such reclamation (which amount ma!'not e.xceed the sum designated here in) and the Board shall coucurrentll idc'nti$' such areas in rvriting. and noti$ the Warrantor and the Operator thereot'. Therealter, the obligation of the \\'arrantor shall be limited to rer-rlautation of the areas so identified. 'flte considcrttion fbr rhe Warrantor's uxecution rrf-tliis agreernent is the promi.se of the Operator to pa1 rhe prenliums. hut Jaili.rre [r1'the r-rgrtrati)r io pat such prcntiur'ns,ihail not in..,illidilte,rr dirlinish the Wlrrantor's oblisatiori hcrcun,jcr. l"he Bca.r,l nlav n;ake.Jelna'rij ulnn thc \\':rjrrentor lcir- palllenrher.:un,jl"r if rlte lj,;.ard ijetsmri;rcs rhalr.eciafita?icn rvhici: iilrfeifr.tre prt-rcedures require.j b1' la'*' llale bderi initiated. lrt) ,.rthcr cludirion precedeni necd bc luiflllcd i{) cnritie thc Srrte t(r recei\,c thc lnl{:)unt so dcntanded. }Jtllrc-\',:r. if. upon contplctir,-,n i-rli'cclanration bl the State. thc umourrts cxpendud lbr reclaltration shall be lcss than the lnttrunt rcceired liorn tlrc \\'arrartor, the e.xcess shall be prolnptl: retilnded to thc Warrantor. lldcrrrand is made upon tlte \l-an'antor lirr pallnent L)1-ar arnount duc to lhe Board hcreunder, and if thc \\'arrantor fails to rnake pa-vntent of such atnount rvithin ninety ta0) dals after the date of rcceipt of such demand. or if it should therealter bc tit iitttr: lt I'hc l.'n.ite,J Banl,.ri'I)ertvcllirr the periud ecnr!re,r.inu at thc irrr-i r.f sr-irh ninetl'-1x1.'peri,rd arrd ending,ln the datc 0l irctuai p{r}nlent. -4- lf the Boarcl shall rrotifl rhe \\'arrantor that the Operaror is in default, and if the Board shall initiate attl Finatrcial W&rranS fbrfeiture procedures requiretJ by larv or regulation. the \\'arrantor tna), in lieu ot' making palment to the Board of the arnount clue hereunder. cause the recla:lation to be timel-r perforrned in accordance rvith all requirements clf the Act and all applicable rules and regulations. [n such event, uhen and if the reclamation has been tirnely performed to the satistbction of ttre goara or Dirision, this Financial \l'arrantv shall be released. lf the reclamation shall not be so pertbrmed to the satisf-action of the Board or Dil'ision. this Financial Warranry"slrall remain in tull force and effect. 'l his Financial Wananty shall be subject to fbrlbirure nhenever the Board cletermines that any one or more ofthe flrllowing circunrstances exist: I . A Cease and Desist Order entered pursuant to Sc'ction 3.1-32- I 24 of the Act has been violated. and the conectire action proposed in such Order has not been completed, altliough ample time to ltave done so has elapsed; or 2. The Operator is in defirult under its Performance Warranfy. and such default has not been cured, atthough rvritten notice and arnple time to cure such default has beep given; or 3. The Operator arrd;or the \&'arrantor has failed to maintain its Fiua.ncial \fr'arrantv in good standing as required by the Act: or 4. The \!'arrantor no longer has the financial abiliry to carry out its obligations in accordance rvith the Act. The description of lands herein is for convenience of reference only, and no error in such description, nor any rel'ision of the permitted mining area. nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or dinrinish t5e obligations of the Operator and/or Warrantor hereunder, rvhich shall extend to the recla.rnation of allsuch lands disturbcd. If this Financial Warranty applies to National Foresl Systern lands, and if this Financial Warrarq is accepted by the United States Forest Sen ice ("Li.S.F.S.") as thc bonrl required under 36 C.F.R. 228.13. then tlre Operator, having requested that the Board and the U.S.F.S. accept tlris single Financial \\'arranty in lieu of the separate bonds whiclr *ould otherwise be require<i by applicable larv, heicby agrees that, notwirhslanding atr) other provision hereof, or of la\t, this Financial Warrafir-v- shall re,main in frrll force and efl'ect until Ll.S.F.S. has advised the Board bl' written noticc tltat the Operator's obligations to I;.S.F.S.. tor rvhich this Warrang., is executed. hale been satisficd. and untilthe financial uarrant\ has beetr rcleased bv the Boald. Iinancial \\'ananty shall rcrnain in tull lbrcc ancl ctl'ect until tlrc Board is lrotilled irt uriting b1 thc Land Board that thc Operator,s obligations to the Land Board, tbr which this \!arrantl is c.xccuted. hare becn satisfied. artd until the llnancial $varrant! has becn rcleased h1'the Board- Ii'all ,rr enJ. pirl of rhe lt},:cted l.llrcls arc urrder tl:e -jurisrJiction ot' the Bureau r:t'l-flttd ]'lattascntent. Llnitcd States iicprrrlrticrii ,ri tltc iirtcrior tthe "t1.-!l'i, ano it. lrt rhe rrtlirest of tlie Opcrari>r cri rJtis [:it:rtriciai \\';irranrl . tiie [JI-.\1 h;rs. \\'.rrantor hereb-v agrec that this Financial Wirnantl shall not be r(ilca-scd trntil the Board is adr ised in uritirrg b1 tltc BLI'l -5- that the Operator's obligations to the BL\1, lbr rr hich this Warran6, is executed. have been satistjed. and until the t'inancial rrarrant) has been released by'the Board. This Financial Wanant-'v nra1' be executed in rnultiple copies, each of which shall be treated as an original, but together rhe,r constitute onl,r one agreement, the raliditr nnd irrterpretation of whiclr shall be governed b1 the larvs r-'lf the State of Colorado. Tlte provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns, SIGNED, SEALED AND DATED this 17th daI,of Janau ry 2008 Safeco lnsurance Company of America (sEAL) Warrantor By: (sEAL) NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT STATE OF Ohi o COUNI'\'OF Hancock ) ss. ) 'l-he foregoing irtstrunrent \!as acknowledged before tne this 17th day'of Janua ry h-v Michael D, Ray, Jr. as Attorney-ln-Fact 1lf Safeco I nsql_a-1c_e_Qgmpeny_g1l 4rneri ca \1r'C.-.rrrrnrissitrn c.rpires: 6-12-2012 Michael D. Ma rathon 0i I -6- NOTARIZATION O F OPERATOR' S ACIC\OWLED G E}TENT STATE OF 0H t0 COUNTY OF HANCOCK ) ) ss. ) The ibregoiug instrunrent *as acknorvledged beiore tne ,1,it 17th day ot Ja nua ry b1'Cerard E. Modecki 45 Di rector, I nsurance of rathon 0i I iviy Cornmis.sion expires:6-12-2012 APPROVED: State of Colorado Mined Larrd Reclamation Board Division of Reclamation. Ivlining and Safery l)ate: Dir ision Director Il. nrirt shrycttndftmtr ((lrph)Ble Suel! Rl:\'lstD lu la 'i: h Bv: C{i SAFECO' KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSUR.ANCE COMPANY OF AMERICA, each a Washington corpcralion, does eact,hereby appoint****r*++******riLOJS M. RADER; NANCY J. WILLEKE; REBECCA S. WILLEKE; THOMAS J. MEYERS; MICHAEL D. R,{y. JR.; Findlay. Olio**r +rr* ir,:+*xt'n its true and lawful attorney(s)-in-fact, with full authority to execute on ils behalf fidelity and surety bonds or undertakings and other documents of a srnrilarcharacter issued in the course of its business, and to bind the respective company lhereby. lN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERTCA have each executed antJ attested these presents this 23rd day of June l^; !t'**i,L!, , MIKE MCGAVICK, PRESIDENTCHRISTINE MEAD, SECRETARY PO\A/ER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENEML tNSURANCE coMpANy or erae Rria HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 981S5 No.7419 100.1 CERTIFICATE Extract from lhe By-Laws of SAFECO INSURANCE COMPANY OF AMERTCA and of GENERAL TNSURANCE COMPANY OF AMERTCA: "Article V, Section '13' - FIDELITY AND SUREry BONDS ... the President, any Vice President, the Secrelary, and any Assistant Vice president appointed fcr thatpurpose by the officer in charge of surety operalions, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate trles lvrlir authority to execule on behalf of the company fidelity and surety bonds and other documenls of similar characler issued by the company in the course of rts business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferrrng such authorilyor on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; proviced, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extracl from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERTCA adopted Juty 28, 1970. "On any certificate executed by the Secretary or an assistant seretary of the Company setting out,(i) The provisions of Article V, Seclion '13 of the By-Laws, and(ii) A copy of the power-of-attorney appointmenl, execuled pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile lhereof.,' l, christine Mead, secretary of SAFECo INSURANCE COMPANY OF AMERICA and of GENEML |NSURANCE COMPANY oF AMER|CA, do hereby certify that the foregoing extracls of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a power of Attorney issued pursuant theretc, are true and correct, and that both the By-Laws, the Resolution and the Powerof Attorney are still in full force and effecl. lN WITNESS WHEREOF, I have hereunto set my hand and afiixed the facsimile seal of said corporation this I -J 6tu^, CHRISTINE MEAD, SECRETARY ffi A#ffi# day of -\cl .- ,rar,, , 3Cf:,8 @ A registered trademark of SAFECO Corporaticn lat2?t2004 PDF s-0974/SAEF 2/01