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Home My WebLink About20061829.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD AND CATHEE CARLSON FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Richard and Cathee Carlson, VI #0600199, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 11th day of July, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard and Cathee Carlson were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until September 11, 2006,to allow adequate time for the property owners to complete all inspections and have a Certificate of Occupancy issued. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0600199 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Richard and Cathee Carlson to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until September 11, 2006, to allow adequate time for the property owners to complete all inspections and have a Certificate of Occupancy issued to bring the subject property into compliance. 2006-1829 PL0824 CC) '. PG, (ilaL- �/ &6 VIOLATIONS - VI #0600199 - RICHARD AND CATHEE CARLSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2006. / BOARD OF COUNTY COMMISSIONERS 4frj \WELD COUNTY, COLORADO ATTEST: fateM /r �I % I.XCUSED . eile, Chair Weld County Clerk to the , 14 David E. Long, Pro-Tem Dep Clerk t I the Board Wi ' m H. Jerke 9ney AST Robert D. Ma en EXCUSED Glenn Vaad Date of signature: 2L W 2006-1829 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Richard D and Cathee Lee Carlson Violation: VI-0600199 Building Permit Number: BCS-020163 Mailing Address: 24510 CR 10, PO Box 597, Hudson, CO 80642 Situs Address: 21718 CR 10, Hudson, CO 80642 Legal: Part of the NE4 of Section 15, T1 N, R65W, of the 6'h P.M., Weld County, Colorado Location: South of and adjacent to County Road 10, 1/4 mile west of County Road 45 North: Town of Hudson South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1473-15-1-00-051 Acres: 9.64 Certified mail date: June 22, 2006 Received: July 5, 2006 Currently the property is in violation of: Chapter 29,Article VIII, Sections 29-8-40 REMEDY To bring the property into compliance, the permit for a new single family dwelling shall have all inspections completed and a certificate of occupancy issued. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney for immediate action as there have been no inspections since November 10, 2005. CASE HISTORY September 30, 2004 10-day compliance letter issued. October 21, 2004 Phone call from Richard Carlson, inspection scheduled 10/22/04. April 21, 2005 10-day compliance letter issued. April 26. 2005 Received extension request, 90-day extension granted. August 11, 2005 10-day notice, extension has expired. August 18, 2005 Phone call from Richard Carlson, inspection scheduled 08/30/05. April 12, 2006 10-day compliance letter issued. May 10, 2006 30-day violation letter issued. June 22, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2006-1829 Kati 6 DEPARTML,dT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 I pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 June 22, 2006 RICHARD D and CATHEE LEE CARLSON 24510CR10 PO BOX 597 HUDSON CO 80642 Subject: VI-0600199, Part of the NE4 of Section 15, TIN, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Carlson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 11, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of permit." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on the permit for a single family dwelling. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. S ,Qpll yyp� Peggy Gregory Building Compliance Officer pc: VI-0600199 BCS-020163 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service., CERTIFIED MAIL, RECEIPT Lrl (Domestic Mail Only;No Insurance Coverage Provided) F,r,elivery int.rmati.n visit.ur we,site at www.us,s.c,n rn.. .. LI 180 d Postage $ a C Certified Fee O Postmark O Return Receipt Fee (Endorsement Required) Here Restricted Delivery e ery Fee 9 (Endorsement traemeN Required) a d. Total Postage 8 Fees $ u1 O Sent 0 Richard D and Cathee Lee Carlson 3aeer,apt.No.; nrPOeoeNo. 24510 CR 10 PO Box 597 olb,stem.21P.4 Hudson CO 80642 PS Form 3800.June 2002 See Reverse far Instructions SENDER: COMPLETE THIS SECTION Ce M•LETE THIS SECTI eN eN •ELIVE'V • Complete items 1,2,and 3.Also complete A. Signatu _ Q item 4 if Restricted Delivery is desired. �'j■ Agent • Print your name and address on the reverse X / ressee so that we can return the card to you. fl B.; by C. Defeat Delivery II Attach this card to the back of the mailpiece, - 'I✓r a.w or on the front if space permits. - D. Is deliv' -..ress different from item Vtrnins I. Article Addressed to: If YES,ante .elivery ddrepaba ❑ No RICHARD D & CATHEE LEE CARLSON 24510 CR 10 PO BOX 597 HUDSON CO 80642 3. Service Type Ca Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number "' _- - __ (Transfer from service lab( 7005. 1160 0001 4537 8516 PS Form 3811, February 2004 Domestic Return Receipt 1o2595-02-M-1540 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th t, l 86 Website:StreeGreewww.coey,.wCOeld.co0 .31us E-mail Address: pgregorv(hco.weld.co.us WI I PPhone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE May 10, 2006 RICHARD D and CATHEE LEE CARLSON PO BOX 597 HUDSON CO 80642 Subject: VI-0600199, Part of the NE4 of Section 15, Ti N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Carlson: • It has been determined that the property located at 21718 County Road 10 is currently in violation of the following Section of the Weld County Code: Section 29.840 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All inspections shall be completed and the permit for a new single family dwelling shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion if this matter is not resolved within 30 (thirty)days from May 10, 2006. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding • this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. (71. p9 oryPeggy Gregory Building Compliance Officer pc: BCS-020163 VI-0600199 Kis a ;E: DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street pei, Greeley, CO 80631 pgregoreeley, eld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 April 12, 2006 RICHARD D and MICHAELEEN F CARLSON PO BOX 597 HUDSON CO 80642 Subject: Permit# BCS-020163—Part of the NE4 of Section 15, Ti N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Carlson: It has come to the attention of the Department of Building Inspection that a permit for a new single family dwelling at 21718 County Road 10 was issued on October 8, 2002. According to our records, this permit will expire on May 9, 2006, and all of the required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit,or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE.TEAMWORK.INTEGRITY,QUALITY page two Failure to schedule inspections by the expiration date will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Si V V Peggy Gregory Building Compliance pc: BCS-020163 SERVICE,TEAMWORK,INTEGRITY,QUALITY Kitt DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I 918 10th Street WI Greeley, 80631 pgregory COC ld.co.us Phone: (970) 0 353-6100, Ext. 3568 • Fax: (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 August 11, 2005 Richard D and Michaeleen F Carlson PO Box 597 Hudson CO 80642 Subject: Permit#BCS-020163— Part of the NE4 of Section 15, Ti N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Carlson: On May 9, 2005, a 90-day extension was granted on the above noted building permit for a new single family dwelling at 21718 County Road 10. That extension has now expired and no further inspections have been scheduled. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance pc: BCS-020163 SERVICE,TEAMWORK,INTEGRITY,QUALITY JUL-06-2006 THU 08:33 AM SOUTHWEST WELD PLANNING FAX N0. 720 652 4211 P. 01 Wild County April 26, 2005 GREELEY OFFICE Bm Richard D and Michaeleen F Carlson MAY 0 2 2005 PO Box 597 RECEIVED Hudson, CO 80642 Permit # BCS020163 We are requesting an extention for permit number BCS020163. We have not had the funds to complete this job. We are 90% done with the job. We have some 2" PVC pipe. The numbers on the pipe are D1785 and it is 280 psi. Can this pipe be used from the well to the house? Thanks Richard D and Michaeleen F Carlson a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE liD 918 10th Street el, Greeley, CO 80631 pgregoreeley, eld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 April 21, 2005 Richard D and Michaeleen F Carlson PO Box 597 Hudson CO 80642 Subject: Permit# BCS-020163— Part of the NE4 of Section 15, T1 N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Carlson: It has come to the attention of the Department of Building Inspection that a permit for a new single family dwelling at 21718 County Road 10 was issued on October 8, 2002. According to our records, this permit expired on April 20, 2005, and all required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Failure to schedule inspections or request an extension, in writing, within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I maybe reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance pc: BCS-020163 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US g E-mail Address: pgregory@co.weld.co.us wi C 918 10th Street, Greeley, CO 80631 Phone: (970)353-6100, Ext. 3568 Fax: (970)304-6498 COLORADO September 30, 2004 Richard D and Michaeleen F Carlson PO Box 597 Hudson CO 80642 Subject: Permit#BCS-020163—Part of the NE4 of Section 15, T1 N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Carlson: It has come to the attention of the Department of Building Inspection that a permit for a new single family dwelling at 21718 County Road 10 was issued on October 8, 2002. According to our records, all required inspections have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance pc: BCS-020163 SERVICE,TEAMWORK,INTEGRITY,QUALITY 279 1111111 IIIII Il�llli IIIII III!Ell 111111 III 11111 IIII IIII 2975279 08/05/2002 03:54P Weld County,CO 1 of 1 R 6.00 0 0.00 J.A. "Supt"Tsukamoto QUITCLAIM DEED THIS DEED,made this 2nd day of August .2002 between Richard D. Carlson and Michaeleen F. Carlson of the *County of Weld and State of Colorado ,grantor.and • Richard D. Carlson and Cathee Lee Carlson whose legal address is 21450 Weld County Road 10, Hudson, Colorado 80642 ofthe County of Weld end State of Colorado .grantees: WFTNFSS,that the gramme,for and in ansidetationof the SUM of Ten Dollars and other good and valuable consideration sack user, the receipt and Sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantees,their heirs,suamon and assigns forever,not in tenancy in common but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any, . situate,lying and being in the County of Weld and State of Colorado, described as follows: LOT A OF RECORDED EXEMPTION NO. 1471-15-1 RE-3228, RECORDED APRIL 11, 2002, AS RECEPTION NO.2941982,BEING A PART OF THE EAST 1/2 OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO. • atso lomwaby Them End Dumber ac Vacant Land aatexecrs schedule'It puccinumber 147315100051 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or equity,to the only proper i�. use,benefit and behind of the grantees,their heirs and assigns forever. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders WITNESS wHEREOR the grantor has executed this deed on the date set forth above. STATE OF COLORADO a Coun y of The foregoing instrument was acknowledged before me this 5 day of 441 Cr�F ,20 b' Richard D. Carlson and Michaeleen F. Carlson 0 }NISAWE� Witness my hand and official seal �( 5T ARL My ammiui000�o expires: Feb re,JcxM uiQ , 2 ; • JO Win one.,:.;ra.d"City eve'. 11 7nr+1 Crown. PT S. P.O. Box 392. .Po G lr Fort Lupton CO 80621 %'UEtyQfJ N' —hdes°flw•a Gan Newt,Craw shwa rsww%m if x35-1063, F CO! itgammissvpiris M4 N.M.sew a-90. QUITCLAIM DEED(w lalsllvwal Bndtad N*Whiag.1743 Waste h.Deaver,CO 80202-4303)292-2500—wwbwdM .bahmg.00m—apt Recorded� 1111111111111��; VIIIIIIIIIIII111111111111111111111I1 Recorder. tiQ teceptionNo. 1 of 1 R 6.00 0 0.00 JA Sukl Tsukamolo QUIT CLAIM DEED • THIS DEED,Made this 2nd day of August ,19 90, "' L L n between Bonnalee J. Kindsvater w b gg ^ a Ppt Adams Eg of the *County of and State of in) Oa " a. 2 Colorado,grantor,and Richard D. Carlson and Michaeleen F. Carlson me • I' whose legal address is 14020 Country Hills Drive, Brighton, CO 80601 ' of the County of Adams and State of Colorado,grantees, WITNESSETH,That the grantor,for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration OMMtel1lac ', the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed andQUITCLAIMED,and by these presents does remise,release,sell,convey and QUIT CLAIM unto the grantees,their heirs.successors and assigns forever,not in tenancy in common,but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to thereat property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows' The W1/2 of the NE1/4 and all that adjoining part of the W1/2 of the SE1/4 which lies below or North of the Neres Canal of Section 15, Township 1N, Range 65W of !I the 6th P.M., EXCEPTING THEREFROM: That part of the NE1/4 of said Section, III Township 1N, Range 65W of the 6th P.M., Weld County, Colorado described as follows: Beginning at the NW corner of the NE1/4 of said Section 15; thence East IIii along the North line of said NE1/4, Section 15, a distance of 451.0 feet to the true point of beginning; thence South at right angles a distance of 630.0 feet; thence East 363.0 feet; thence North 630.0 feet to the North line of said NE1/4; thence West 363.0 feet to the true point of beginning. Together with 1 share of the capital stock of Burlington Ditch Reservoir and Land Co., and together with .8 share of the capital stock of Hudson Ditch and Reservoir Co. No documentary fee is required since this Deed is exempt from payment thereof. also known by street and number as: 21450 Weld County Road $10, Hudson, Colorado, 80642. ij TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in it anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the only proper use,benefit and behoof of the grantees.their heirs and assigns forever.The singular number shall include the plural,the pldraltbe singular,and die use of any gender shall ye applicable to allgenders. IN WITNESS WHEREO „The grantor has executed-this deed on the dale set forth above. • .4 . 1 / Bonnalee J. Kitidsvater STATE OF COLORADO, • �SS County of {7..fi"fC Y/'.a The foregoing instrument was acknowledged before me this -i? day of C.US /� ,197, i by Bonnalee J. Kindsvater. ' My commission expires /C - ,19 �C.Witness my hand and official seal. r / Not.,Pas./ 'If in Denvep'ids&it''Gfty and." • No.%2,Rev.5-9i. QUIT CLAIM DEED fm Diet'Diurnal Bradford vunllding.O43 Wine .Denver.CO 80202-(3031292-250(1-349 �� q 1 1 iC Cqi n N c = : a. . ; b mo 4dcQ' F u v n: u art E t'" ≥� y� �, '�m�� . � q O. u '�r ibbiblinirI iflfn N r a ' t .� E c � t� u ¢c :4'gib iiisi rci. eaF ( i i tit (9* -. -� 4 i Li-77 i o", ri. O : lob to t * tLf .. 3.414.4,b41,-,474;44.„,„,,„ k( �„t. ' V y ; 1 "�:` O. t icbgb I i yp O' 0.. w 9 c1i tOa ;x i1. y iy- i is t: ,,,t,: A Y 6 5 {17 St 'x i A Z"" r„LL`3i ' RI :S�i pN1� a (�7 ih 1lFh t (yI =`- iC7 ON - "�i •-7 ,. 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