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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: 22026 Highway 6 & 24, Rifle, CO 81650 > Legal Description: Lot 1, Lacy Park Subdivision, according to the Amended Plat thereof recorded as Reception No. 669152 in the Garfield County, Tolorado record > Subdivision Name: Lacy Park Subdivision > Description of Proposal: Second Amendment of Lot 1 to include additional property from adjacent lands owned by Lacy Park. LLC Rocky Mountain Baptist Church of Rifle > Name of Property Owner (Applicant): and Lacy Park, LLC ➢ Address: 0055 County Road 317 Telephone: 625-2251 > City: Rifle State: CO Zip Code: FAX: 625-0280 _81650 > Name of Owner's Representative, if any (Planner, Attorney, etc): Goluba & Goluba P.C. Neil W. Goluba _ > Address: P.O. Box 931 Telephone: 945-9141 > City: Glenwood Springs State: C0 Zip Code: FAX: 945-9143 _81602 STAFF USE ONLY ➢ Doc. No.: Date Submitted:TC Date: ➢ Planner: Hearing Date: _ > Zone District: RE( 1' 1 Revised: 11/M02 /02 K 0 8 2005 GARFIELD COUNTY BUILDING 8 PLANNING 1. PROCEDURAL REQUIREMENTS A. One of the following 3 procedures shall apply to a request for an Amended or Corrected Plat. 1. Application for an amendment to a recorded plat may be made, if the amendment a) does not increase the number of subdivision lots or dwelling units, bresults in the major relocation of a road or add new roads, or c) does not result in the relocation of property lines between more than two adjacent properties. An application for an amended plat shall be considered by the Board at a regularly scheduled public meeting. If approved, the amended plat shall comply with plat requirements outlined below (subsection B). 2. An application for an amendment to a plat of an existing subdivision, established prior to County subdivision regulations, that does not have an approved Preliminary Plan to verify the consistency with the proposed amended plat, or that results in the relocation of property lines between more than two (2) adjacent properties, shall be subject to the criteria and public meeting requirements as follows: A. The Board shall not approve an application for an amended plat as mentioned above unless the applicant has satisfied the following criteria: 1) All Garfield County zoning requirements will be met; 2) All Tots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; 3) Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; 4) All applicable state and local environmental health and safety requirements have been met or are in the process of being met; 5) Provision has been made for any required road or storm drainage improvements; 6) Fire protection has been approved by the appropriate fire district; 7) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and 8) School fees, taxes and special assessments have been paid. B. The Board shall consider the amended plat request at a public hearing. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If proper notice has not occurred, the public hearing will not occur. Notice for the meeting shall be given as follows: 2 (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. (3) If approved, the corrected plat shall comply with the requirements outlined below (subsection B). 3. A correction may be made to an approved plat, if the sole purpose is to correct technical errors such as minor surveying errors and drafting errors, and the correction is consistent with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical compliance, the corrected plat shall be brought before the Board at a regularly scheduled public meeting for review and decision. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). B. Upon approval of an Amended or Corrected Plat by the Board, the following plat requirements shall apply: A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield County within ninety (90) days of Board approval. The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 3 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. In addition, shall the request require a public hearing, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or corrected plat. 3. The Applicant is required to appear before the Board at the time and date of the public hearing or public meeting at which time the Board will consider the request. Should the request require a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was provided. 4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will provide the Applicant with a follow-up letter outlining the action taken by the Board. II. APPLICATION SUBMITTAL REQUIREMENTS (The following steps outline how an amended or corrected plat application review process works in Garfield County.) A. The following application submittal requirements shall only be applicable to Procedure 1 and 3 listed above in the "Procedural Requirements" section of this application. The application for an amended plat or corrected plat shall be submitted with the following: 1. A narrative explanation of the reason for the application. 2. The consent of all land owners involved. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment. 4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) 5. Provide 2 copy of the Application. Staff will request additional copies once the application has been deemed technically complete. B. For Procedure 2 listed above in the "Procedural Requirements" section of this application, the following supplemental information shall be submitted with the application: 1. Narrative explaining why the amended plat is being requested. 2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment. The plat shall delineated the fathering and receiving parcel(s) and/or boundary line(s) prior to adjustment, and the parcel(s) or boundary line(s) transferred/relocated following the adjustment. 3. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 4 4. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. 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 applicant/owner) /1021, aoos-- Date ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE LACY PARK, LLC By :'9('f �Gt (. ij . Donald Charboneau, Trustee By :(/di� 4 i Arthur P. Gould, Trustee George Scarrow, Trustee 5 By: Johnson Cons action, Inc., Manager By:,/1401111) Davi Johnson, President - 0 ME 0 amaze 1- rno •iCI. v �I of c .1=Man Warr ~r of m m mom ts) rai HIM Mai SY) v Rec Fee $6.00 Doc Fee $40.00 SPECIAL WARRANTY DEED CATHEDRAL BLUFFS SHALE OIL COMPANY, a Colorado general partnership, c/o Occidental Oil Shale, Inc., 2480 Fortune Drive, Suite 300, Lexington, KY 40509 and OCCIDENTAL OIL SHALE, INC., a California corporation, 2480 Fortune Drive, Suite 300, Lexington, KY 40509 ("Grantors"), for Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, do hereby sell and convey to LACY PARK, LLC, a Colorado limited liability company, 0055 County Road 317, Rifle, CO 81650 ("Grantee"), the following described real property situate in the County of Garfield, State of Colorado, to -wit: A parcel of land situate in Sections 13, 14, 23 and 24, Township 6 South, Range 94 West, 6th P.M., more particularly described as follows: Beginning at a point on the southerly R.O.W. line of U.S. Interstate Highway No. 70, whence the NW corner of said Section 23 bears S88'49'46" W. 3808.82 feet; Thence N 67'34'43" E. 200.00 feet along said southerly R.O.W. line; Thence S 86'13'14" E. 2501.87 feet to a point on the northerly R.O.W. line of the Denver and Rio Grande Western Railroad Company; Thence along a curve to the right, being the said northerly R.O.W. line, having a central angle of 07'06'48", a radius of 2815.00 feet, an arc length of 349.49 feet, and of which the chord bears S 63'57'01" W 349.26 feet; Thence S 67'30'25" W. 2499.05 feet continuing along said railroad R.O.W. line; Thence N. 02'48'00" W. 1199.51 feet to the point of beginning County of Garfield State of Colorado TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining; and Grantors warrant title to the same against all parties claiming under Grantors, or either of them i Dated this i 3 day of December, 2003. CATHEDRAL BLUFFS SHALE OIL - COMPANY Q By, By: Occidental Oil Shale, Inc., Managing eneral Partner 9 lien Drisko, Pres' OCCIDENTAL OIL SHALE, INC. Jo Ellen Drisko, President STATE OF ) ss. COUNTY OF fitTe/- The foregoing instrument was acknowledged before me this / 3 day of December, 2003, by Jo Ellen Drisko, as President of Occidental Oil Shale, Inc., acting in its capacity as Managing' General Partner on behalf of Cathedral Bluffs Shale Oil Company, a Colorado general partnersRAs: - ' `• , „ 4 and by Jo Ellen Drisko, as President of Accidental Oil Shale, Inc., acting on its own behalf.: �, =' � 4.1j Q .r , M 4 Qy .r Witness my hand and official seal. My commission expires: /2/6/07 Return to: Lacy Park, LLC 0055 County Road 317 CAD.amn.u..wsnnnwvromrais ,],e.iXIITCl fin\ ALBS003sp,, iw.,,Dead vepd Notary Public 1 111111 UM 111111 11111 1111 1111111 JIB 111 11111 1111 1111 537688 12/22/1998 03:38P 81105 P684 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO DEED OF GIFT (Real Property) LACY PARK, LLC, a Colorado limited liability company, 2720 Railroad Avenue, Rifle, Colorado 81650 ("Donor/Grantor"), does hereby irrevocably gift, give, donate, release, remise and quitclaim to ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE, COLORADO, a non-profit corporation, 3205 West Second Avenue, P.O. Box 468, Rifle, Colorado 81650 ("Donee/Grantee") an undivided one-half interest in and to the following described real property situate in the County of Garfield, State of Colorado, to -wit: LOT 1, LACY PARK SUBDIVISION, according to the Plat thereof recorded as Reception No. 537420 of the Garfield County, Colorado records. TO HAVE AND TO HOLD the same, together with all appurtenances or privileges thereto belonging or in anywise thereto appertaining, subject to the Declaration of Covenants, Conditions and Restrictions recorded as Reception No. 537422, easements, reservations, restrictions and the terms, conditions and provisions of instruments of record. Dated this day of December, 1998. :• (C i porale Seal) 'ATTEST: ecretary LACY PARK, LLC a Colorado limited liability company By JOHNSON CONSTRUCTION, INC. (Manager) By�1^/v'✓��. ,f�32 Vice -President, STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) a-1 /� The foregoing instrument was acknowledged before me this /4 1 t day of December, 1998, by Anna R. Johnson, as Vice -President, and Christene Marie Overacker, as Secretary of Johnson Construction, Inc., a Colorado corporation, acting in its capacity as Manager on behalf of Lacy Park, LLC, a Colorado limited liability company. official seal. My Commission Expires June 17. 2000 The foregoing conveyance by Deed of Gift is accepted this ! 5 day of December, 1998. Donee/Grantee ACCEPTANCE NOTARY PUBLIC ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE, COLORADO BY• / stee 1 t A Trustee Ie" -r-0, Trustee 11111111111111111111111111111111111111! 111 1111111111111 8823 01/15/1999 04:35P B1109 P331 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO DEED OF GIFT (Real Property) LACY PARK, LLC, a Colorado limited liability company, 2720 Railroad Avenue, Rifle, Colorado 81650 ("Donor/Grantor"), does hereby irrevocably gift, give, donate, release, remise and quitclaim to ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE, COLORADO, a non-profit corporation, 3205 West Second Avenue, P.O. Box 468, Rifle, Colorado 81650 ("Donee/Grantee") an undivided one-half interest in and to the following described real property situate in the County of Garfield, State of Colorado, to -wit: LOT 1, LACY PARK SUBDIVISION, according to the Plat thereof recorded as Reception No. 537420 of the Garfield County, Colorado records. TO HAVE AND TO HOLD the same, together with all appurtenances or privileges thereto belonging or in anywise thereto appertaining, subject to the Declaration of Covenants, Conditions and Restrictions recorded as Reception No. 537422, easements, reservations, restrictions and the terms, conditions and provisions of instruments of record. (An undivided one-half (1/2) interest in the property was previously conveyed to Donee/Grantee by Deed of Gift dated December 18, 1998. The within Deed of Gift conveys the remaining undivided one-half ('/) interest of the Donor/Grantor in and to the property.) Dated this z day of January, 1999. (Corlor:at.e Seal) ATTEST: Secretary STATE OF COLORADO COUNTY OF GARFIELD ) ss. LACY PARK, LLC a Colorado limited liability company By JOHNSON CONSTRUCTION, INC. (Manager) By Vice-Presid,n The foregoing instrument was acknowledged before me this 3%clay of January, 1999, by Anna R. Johnson, as Vice -President, and Christene Marie Overacker, as Secretary of Johnson Construction, Inc., a Colorado corporation, acting in its capacity as Manager on behalf of Lacy Park, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My' cornmission expires: A. • 4,_ 'Pveei NICHOLAS W. OOCUBA JR.; Asti The foreg:0,z..'t ca 4 in TA ' Y ` BLIp ACCEPTANCE Deed of Gift is accepted this ; My Commission Expires June 17.2000 Donee/Grantee ay of January, 1999. ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE, COLORADO BY a.t 4 .. _%/r A / .:r:.r. rustee By 2,e,.(,e. "' Trustee By Trustee • 111111111111111111111111111111111 HEM 1111111111111 670933 03/24/2005 03:49P B1673 P245 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO QUITCLAIM DEED LACY PARK, LLC, a Colorado limited liability company ("Grantor") for Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, does hereby release, remise and quitclaim: to ROCKY MOLfNTAIN BAPTIST CHURCH OF RIFLE, 22026 Highway 6 & 24, Rifle, Colorado 81650 ("Grantee"), the following described real property situate in the County of Garfield, State of Colorado, to -wit: Lot 1 Lacy Park Subdivision according to the Amended Plat thereof recorded as Reception No. 669152 in the Garfield County, Colorado records. TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining. Dated this 'p --day of March, 2005. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. LACY PARK, LLC, a Colorado limited liability company By: Johnson Construction, Inc., Manager By: �' David hnson, President The foregoing instrument was acknowledged before me this 'day of March, 2005, by David M. Johnson, as President of Johnson Construction, Inc., in its capacity as Manager of Lacy Park, LLC. Witness my hand and official seal. My commission expires: C:1Dornaenu and seui.psu.au DnMDakmp\CLJEMRJohncooNLac,lDo, 3.I7-05 QC noes .10 Rocky Mtn Raphe Ckomk.opd ' Notary Public AFTER RECORDING, RETURN TO: Coluba & Goluba P.C. P.O. Box 931 Glenwood Springs, CO 81602 LZ. AFFIDAVIT (Re: Boundary Line Adjustment) THE UNDERSIGNED Affiants being first duly sworn upon their oath, depose and state as follows: 1. The undersigned are the owners of the following described real properties located in the unincorporated area of Garfield County, Colorado: (a) Rocky Mountain Baptist Church of Rifle, 22026 Highway 6 & 24, Rifle, Colorado 81650, is the owner of Lot 1, Lacy Park Subdivision, according to the Amended Plat thereof recorded as Reception No. 669152 of the Garfield County, Colorado records. (b) Lacy Park, LLC, 0055 County Road 317, Rifle, Colorado 81650, is the owner of the adjacent real property described in that certain Deed recorded in Book 1673 at Page 243 as Reception No. 670932 of the Garfield County, Colorado records, which includes that certain parcel of land described in Exhibit A attached hereto which was previously removed from Lot 1 pursuant to the Amended Plat thereof and conveyed to Lacy Park, LLC by said Deed. 2. The undersigned wish to confirm that the property described in Exhibit A has merged with and been incorporated into the adjacent parcel owned by Lacy Park, LLC and are desirous of further adjusting the boundary lines between the respective parcels so that the property described in Exhibit B attached hereto is incorporated and merged into Lot 1, Lacy Park Subdivision, and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and that therefore, Garfield County will not be required to issue any building permits, other than those it would be required to issue for the already existing parcels. 4. Contemporaneously with the execution of this Affidavit, Lacy Park, LLC is conveying to Rocky Mountain Baptist Church of Rifle that certain real property described on Exhibit B attached hereto and incorporated herein by this reference. Upon such conveyance, said property shall merge with and become a part of Lot 1, Lacy Park Subdivision and a Second Amended Plat of Lot 1, Lacy Park Subdivision reflecting the same shall be recorded contemporaneously herewith. 5. The property owned by Lacy Park, LLC subsequent to the boundary line adjustment and amendment to the Plat of Lot 1 shall be described as follows: New legal description - Lacy Park, LLC parcel A PARCEL OF LAND SITUATE IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF U.S. INTERSTATE 70, BEING THE NORTHWEST CORNER OF THE SECOND AMENDED LOT 1, LACY PARK SUBDIVISION, A REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY S03°46'46"W AND ALONG THE WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 329.48 FEET TO A REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE DEPARTING SAID WESTERLY LINE S86°13'14"E ALONG THE SOUTHERLY LINE OF SAID LOT 1 A DISTANCE OF 910.61 FEET TO A REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE DEPARTING SAID SOUTHERLY LINE NO3°23'38"E ALONG THE C: FRONT DESK/Client/Johnson/Lacy/Doc/3-31-05 Affidavit Re Boundary Adjustment.wpd. EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 155.20 FEET TO A POINT ON THE SOUTHERLY LINE OF THE LACY PARK SUBDIVISION, A REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE DEPARTING SAID EASTERLY LINE S86°13'14"E ALONG SAID SOUTHERLY LINE 1232.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY; THENCE DEPARTING SAID SOUTHERLY LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 349.48 FEET; A RADIUS OF 2815.00 FEET; THE CHORD OF WHICH BEARS S63°57'01"W 349.26 FEET; 2.) S67°30'25"W 2499.05 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NO2°48'00"W 1199.51 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF U.S. INTERSTATE 70, THENCE N67°34'43"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 573.33 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N72°43'30"E 26.30 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 37.487 ACRES, MORE OR LESS. 6. We hereby represent that the property described in paragraph 1(b) above is not part of a previously platted subdivision of record. 7. We hereby represent that Lot 1, Lacy Park Subdivision, is part of a previously platted subdivision of record and that a Second Amended Plat of said Lot 1 incorporating the property described in Exhibit B shall be recorded contemporaneously herewith. 8. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to public utilities, to any parcel of property involved. 9. We hereby represent that the boundary line adjustment made reference to herein will not result in any of the parcels involved being less than the minimum lot size allowed or create any non -conforming setbacks for any existing structures. 10. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. Done this day of April, 2005. LACY PARK, LLC By: Johnson Construction, Inc., Manager ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE By: By: David M. Johnson, President Donald Charboneau C: FRONT DESK/Client/Johnson/Lacy/Doc/3-31-05 Affidavit Re Boundary Adjustment.wpd. By: Arthur P. Gould By: George Scarrow STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed and sworn to before me in the County of Garfield, State of Colorado, this day of April, 2005, by David M. Johnson, as President of Johnson Construction, Inc., in its capacity as Manager of Lacy Park, LLC. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed and sworn to before me in the County of Garfield, State of Colorado, this day of April, 2005, by Donald Charboneau, Arthur P. Gould and George Scarrow, as Trustees of Rocky Mountain Baptist Church of Rifle. Witness my hand and official seal. My commission expires: Notary Public C: FRONT DESK/ClientIJohnson/Lacy/Doc/3-31-05 Affidavit Re Boundary Adjustment.wpd. EXHIBIT A A PARCEL OF LAND SITUATE IN THE SE1/4 SECTION 14, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 70, WHENCE THE NORTHEAST CORNER OF LOT 1, LACY PARK SUBDIVISION BEARS N70°30'51"E 868.10 FEET; THENCE N67°34'43"E ALONG SAID SOUTHERLY RIGHT-OF-WAY 373.33 FEET TO A REBAR AND CAP LS NO. 9009 IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF- WAY N72°43'30"E 26.30 FEET TO A REBAR AND CAP LS NO. 36572 IN PLACE; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY S03°46'46"W 174.28 FEET; THENCE N86° 13' 14"W 359.51 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 0.729 ACRES, MORE OR LESS. The foregoing parcel is to be merged with that certain tract of land described in that certain Deed recorded in Book 1673 at Page 243 as Reception No. 670932 of the Garfield County, Colorado records. EXHIBIT B A PARCEL OF LAND SITUATE IN THE NE1/4 SECTION 23, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 70, WHENCE THE NORTHEAST CORNER OF LOT 1, LACY PARK SUBDIVISION BEARS N72°43'32"E 415.75 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE S03°46'46"W 298.73 FEET; THENCE S86°13'14"E 388.00 FEET; THENCE NO3°4846'46"E 105.20 FEET; THENCE S86°13'14"E 471.57 FEET; THENCE S03°23'38"W 155.20 FEET; THENCE N86°13'14"W 910.61 FEET; THENCE NO3°46'46"E 329.48 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 70; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N72°43'30"E 53.58 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2.517 ACRES, MORE OR LESS. The foregoing parcel is to be merged with Lot 1, Lacy Park Subdivision according to the Amended Plat thereof recorded as Reception No. 669152 of the Garfield County, Colorado records and a Second Amended Plat of Lot 1, Lacy Park Subdivision reflecting the same shall be recorded contemporaneously herewith.