HomeMy WebLinkAbout901189.tiff RESOLUTION
RE: APPROVE FINDINGS CONCERNING CERTIFICATE OF DESIGNATION ISSUED
TO EATON LANDFILL/MCMILL, INC.
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, on November 28 , 1990 , a hearing was held to Show
Cause for revocation of the Certificate of Designation issued to
Eaton Landfill/McMill, Inc. , and
WHEREAS, the issue considered at said hearing was as follows:
1 . Whether or not the facility is in violation of the
condition imposed on the extension of time to operate
the south area of the landfill to remove tires stored on
part of the SEi of Section 21 , Township 7 North, Range
65 West of the 6th P.M. , Weld County, Colorado.
WHEREAS, Thomas Hellerich, Attorney, was present to represent
Eaton Landfill/McMill, Inc. , and
WHEREAS, the Board heard all of the testimony offered
concerning this matter and, having been fully informed, did Find
that the burden of proof has been met as to violation of the
hereinabove mentioned condition inasmuch as no significant
progress has been made to comply with the condition o£ removal,
and
WHEREAS, pursuant to said Findings, the Board deems it
advisable that the Certificate of Designation issued to Eaton
Landfill/McMill, Inc. , shall be revoked if the operation does not
comply with the following condition:
1 . A Performance Guaranty, in the amount of $6 ,000.00 ,
shall be submitted to the Board of Weld County
Commissioners within fifteen days with Weld County as
the beneficiary to guaranty removal of the tires by
November 28 , 1991 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Board does hereby
Find that Eaton Landfill/McMill, Inc. , holders of the Certificate
of Designation, are in violation of the hereinabove mentioned
condition to extend operations on the south fill area of the
landfill.
PL0114
901189
LC' l i eC r Ir>>;I_
Page 2
RE: SHOW CAUSE - EATON LANDFILL/MCMILL, INC.
BE IT FURTHER RESOLVED by the Board that Eaton
Landfill/MCMill, Inc. , be, and hereby are , granted fifteen days to
submit a Performance Guaranty, in the amount of $6 ,000 .00 , to the
Board of Weld County Commissioners in order to guaranty removal of
the tires by November 28 , 1991 .
BE IT FURTHER RESOLVED by the Board that if the condition of
the Guaranty is met, the Certificate of Designation will continue
in accordance with the Resolution of the Board of November 8 ,
1989 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
November, A.D. , 1990 .
P/4/441; BOA OF COUNTY COMMISSIONERS
ATTEST: I4EL OiTNTY, CO ORADO
Weld County Clerk to the Board
Gene R.
B�rantner, Chairman
BY: �� ��� k. G qe Kennedy, Pro-Te
Deputy Berk to the
APPROVED AS O FORM: ance L. H ert
Gs
C.W. Kir Y /
t �
County Attorney
Gord6 . Lagel
901189
HEARING CERTIFICATION
DOCKET NO. 90-51
RE: SHOW CAUSE HEARING FOR REVOCATION OF CERTIFICATE OF DESIGNATION -
EATON LANDFILL/MCMILL, INC.
A public hearing was conducted on November 28, 1990, at 10:00 A.M. ,
with the following present:
Commissioner Gene R. Brantner, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Health Department representative, Wes Potter
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated October 17, 1990, and
duly published November 15, 1990, in The New News, a public hearing was
conducted to consider the revocation of the Certificate of Designation
issued to Eaton Landfill/McMill, Inc. Lee Morrison, Assistant County
Attorney, made this matter of record. Wes Potter, Health Department
representative, reviewed the issue of this hearing and stated his
concerns. Mr. Potter also reviewed the cost of disposal of the tires
based on research done on Tire Mountain. (Change to Tape #90-41) Tom
Hellerich, Attorney representing Eaton Landfill/McMill, Inc. , made
comments on State regulations which state that if there are less than
10,000 tires stockpiled they do not have to be removed until 1993. Mr.
Hellerich subbmitted a proposal of $2,800.00, on behalf of. R.E.C.O.A. ,
Inc. , for the removal of the tires. Al Miller, representing McMill,
Inc. , and R.E.C.O.A. , Inc. , commented on the ownership of the tires by
R.E.C.O.A. , Inc. , and the responsibility of moving them. Commissioner
Lacy commented on the fact that the existing Certificate of Designation
for the landfill expires in April of 1991, and stated that a
Certificate of Deposit would allow an extension of time for the tires
to be removed. Mr. Hellerich made comments on the proposed Performance
Bond with R.E.C.O.A. Commissioner Lacy clarified the Performance Bond
would need to be $6,000.00. Mr. Potter made further comments on the
amount of the Bond. Don McIrvin, R.E.C.O.A. 's proposed contractor for
the tire removal, explained his methods of picking up and recycling the
tires. He said he would need six to twelve months to complete this
process. Mr. McIrvin answered questions of the Board and Mr. Potter.
Mr. Miller commented on a shredding machine currently being used at the
landfill. Mr. Morrison questioned whether there was any gravel mining
taking place at this site. Mr. Miller answered in the affirmative.
Raymond J. Miller, Attorney representing the receiver of said property,
made comments concerning the names to be placed on the proposed Bond.
Mr. Morrison and Mr. Potter answered questions of the Board. Jeff
Krupka, representing the receiver of said property, also commented on
the proposed Bond. Mr. Hellerich stated that R.E.C.O.A. 's proposal was
for $2,800.00 not $6,000.00, but the twelve-month time period would be
agreeable. Mr. Morrison answered questions of the Board concerning
State regulations
901189
Page 2
RE: CERTIFICATION - EATON LANDFILL/MCMILL, INC.
and terms of the proposed Agreement for removal of the tires.
Commissioner Lacy moved not to revoke said Certificate of Designation
issued to Eaton Landfill/MCMill, Inc. , therefore allowing the landfill
to operate until April of 1991; to extend the time for removal of tires
one year from November 28, 1990; and to accept the partial Bond of
$2,800.00, with the remaining balance of the $6,000.00 being due within
fifteen days, with Weld County and Krupka and Associates being listed
as receiver. Commissioner Kirby seconded the motion. Commissioner
Kennedy and Kirby commented on the security and the names on the Bond.
Commissioner Lacy amended his motion to include if the $6,000.00 Bond
is not received within fifteen days, the Certificate of Designation
will be revoked and the removal of the tires started. Commissioner
Kirby consented to the amendment. Chairman Brantner commented on the
possible violation of the gravel permit. The motion carried
unanimously.
This Certification was approved on the 3rd day of December, 1990.
APPROVED:
lateen BOARD F COUNTY COMMISSIONERS
ATTEST: WELD TY�J COLORADO
Weld County Clerk to the Board /(
G n R. Brantner,,/Chairman
BY: .
Deputy 4,,Amerk to the Board George Kennedy, Pro-Tem
Constance L. Harber
C.W. Kirby
Gor n ac
TAPE #90-40
DOCKET #90-51
PL0114
901189
--
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS: November 28, 1990
DOCKET # 90-51 - Eaton Landfill/McMill, Inc. SHOW CAUSE (Revoke Certificate of Designation)
DOCKET #
DOCKET #
PLEASE write or print legibly your name, address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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' DISTRICT COURT, COUNTY OF WELD, COLORADO
Case No. goo I
`I V ORDER FORAPPOINTMENT OF RECEIVER
IN THE MATTER OF THE APPLICATION OF W . S . M .T .L . , A COLORADO
CORPORATION, AUTHORIZING THE PUBLIC TRUSTEE OF THE COUNTY OF
WELD, STATE OF COLORADO, TO SELL CERTAIN REAL PROPERTY UNDER A
POWER OF SALE CONTAINED IN A DEED OF TRUST
THIS COURT, having reviewed the Verified Complaint and ex
parte Verified Motion for Appointment of Receiver filed by
Applicant, and the Court being fully advised in the premises,
THE COURT FINDS:
1 . This Court has jurisdiction over the subject matter of
this action .
2 . The allegations set forth in the Verified Motion for
Appointment of Receiver filed by Applicant are true.
3 . Applicant is the holder of a Promissory Note executed by
Three Line, Inc. , a Colorado corporation, Donald Gene Miller and
Alfred W. Miller , dated December 22 , 1989 , in the original
principal amount of $85 , 100 . 00 (the "Note" ) .
4 . The Note is secured by a Deed of Trust containing an
assignment of rents, issues and profits clause and an ex parte
receiver's clause (the "Deed of Trust" ) , which encumbers the
below described real property situate in the County of Weld,
State of Colorado:
See Exhibit "A" attached
(the "Property" ) .
5 . The Deed of Trust provides for the appointment of a
,_, Receiver upon ex parte application of Applicant and without
further notice to Krupka upon default in any covenant or
agreement in the Deed of Trust. The debtors are in default under
G t r,3 1, Note and Deed of Trust.
G . The debtors have defaulted under the Note and Deed of
Trust by failing to make payments required thereunder, including
specifically, all installments due after August 15, 1990 .
7 . The Property and its rents, issues, profits, income and
revenues are in danger of being materially injured and impaired,
reduced in value, or lost, and there is a danger of waste being
committed to the Property if a Receiver is not appointed.
f), ,7 "71 r"
:yr
8 . Janet Brophy is a suitable person to be appointed as
Receiver for the Property.
IT IS THEREFORE ORDERED:
1 . Janet Brophy is hereby appointed as Receiver for the
Property, and she shall forthwith take physical possession of,
manage, operate and protect the Property.
2 . The Receiver shall have all the powers and authority
usually held by receivers and reasonably necessary to accomplish
the purposes herein stated, including, but not limited to, the
following powers which may be executed by the Receiver without
further order of this Court:
(a) To take charge of the Property, its rents, issues,
profits, income, and revenues, and any and all personal property
used or associated therewith that may be necessary or useful to
the Receiver in his operation, completion and disposition of the
Property ( all collectively , with the Property, hereinafter
sometimes referred to as the "Receivership Property" ) ;
(b ) To maintain , repair, protect and insure the
Receivership Property;
(c) To collect in timely fashion any rents , issues,
'ae profits, income, and revenues and payments now due, or accrued
prior to this Receivership, and rents, issues , profits, income,
and revenues hereafter coming due from purchasers of the
Receivership Property or portions thereof , including sale of
gravel ; to collect any issues , profits , revenues or income
derived from the operation of the Receivership Property;
(d) To deposit in the name of the Receiver all sums
received by the Receiver in financial institutions insured by the
federal government and to maintain such bank accounts as may be
reasonable or necessary in the management of the Property;
(e) To account to the Court for all sums received and
expenditures made, and file periodic reports with this Court from
time to time, not less often than every six months ;
( f ) To maintain and repair the Property and
improvements on the Property in the event the Receiver determines
that such maintenance and repair is appropriate;
•
(g) To issue Receiver' s Certificates , in the aggregate
not to exceed $100, 000 . 00 without further approval of this Court,
in the form attached hereto as Exhibit A, and by this reference
made a part hereof , in exchange for funds advanced by third
parties or Applicant during the term of the receivership, which
Receiver' s Certificates shall bear interest at the rate of 368
and which Receiver' s Certificates shall be a lien and security
interest of the same priority as the Deed of Trust and a
preference claim upon the Receivership Property;
/ )
N
r (h) with the prior approval of the Applicant, to enter
into, ratify, confirm or renegotiate leases , contracts or other
agreements relating to the operation and leasing of the
' Receivership Property, and to terminate any such leases ,
contracts or other agreements;
(i) To commence such actions as may be necessary in
her name as Receiver to pursue and collect delinquent payments
and other amounts which may be owed by customer accounts or
former customers of the Receivership Property, accrued as of this
date or hereafter accruing and, if the Receiver so elects, to be
added or substituted as plaintiff in any such actions already
commenced;
( j ) To apply the rents, issues , profits, income, and
revenue from the Property to the expenses of this Receivership,
to the expenses incurred in the continued operation of the
Property and the maintenance and preservation thereof, including,
without limitation, the costs o£ insuring the Property and any
improvements thereon, paying the taxes thereon, maintaining and
repairing the Property and making payments of principal ,
interest, and other sums which may be due upon encumbrances which
have priority to the lien for the Deed of Trust, and to retain
any surplus in a separate account to be applied at the expiration
of the redemption period or at the time of redemption as directed
by the Court to the balance of the indebtedness secured by the
Deed and for such other disbursement as the Court may direct and
order;
(k) To notify any and all insurers under insurance
policies affecting the Receivership Property of the pendency of
these proceedings, and that, subject to the prior rights of any
party holding a lien or security interest encumbering the
Receivership Property, any proceeds paid under any such insurance
policies shall be paid to the Receiver until such time as the
said insurance carriers are advised to the contrary by this Court
or until they receive a certificate issued by the Clerk of this
Court evidencing the dismissal of this action; to collect the
proceeds under any insurance policy relating to the Property and
to collect any condemnation award pertaining to the Property;
(1) With the prior approval of the Applicant, to enter
into contracts with third parties to accomplish any of the
purposes of the Receivership, including, but not limited to, one
or more contracts for professional advisors, i-ncluding legal
counsel, management consultants , architects and engineers ,
relating to the management , operations , and leasing of the
Property, including contracts with firms owned or controlled by
the Receiver, or with which Receiver is associated; and Receiver
is expressly authorized to retain Krupka and Associates , a
Colorado General Partnership, 1115 Grant Street, No. 308 , Denver,
Colorado 80203 , to act as the property manager;
•
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U_Alr, I I_I C
li Ili h,ri1 II = Ff� llll_ND ,1 MILLER' AI OPNEI _ .
F
(m) To receive compensation for her services in an
amount equal to ten percent ( 10%) of the monthly gross receipts
from the Property. Compensation for Rrupka and Associates shall
be paid directly from the Receiver' s compensation;
(n) With the prior approval of the Applicant, to
obtain building permits; and
(o) To do any and all acts necessary, convenient or
incidental to the foregoing.
3. The Receiver shall execute and file an appropriate oath
evidencing her obligations under this Order.
4 . The Receiver shall enter upon and file a bond of good
and sufficient surety to be approved by the C].erk of the Court
in the sum of $ 12OryTha" , conditioned upon the faithful
performance of her duties and a proper accounting of. all
Receivership Property.
5 Three Line, Inc. , a Colorado corporation, Donald Gene
Miller and Alfred W . Miller , their officers , directors ,
employees , agents , and contractors , are ordered to deliver
immediately to the Receiver or her agents all of the Receivership
Property now in its or their possession, custody or control or
received after the date of this Order, endorsed to the Receiver
where necessary , to continue to deliver immediately to the
Receiver any such property received at any time in the future,
and to permit her to carry out her duties hereunder without
interference.
6 . Nothing herein contained shall be construed as
interfering with or invalidating any lawful lien or claim .by any
person or entity.
7 . The costs of this Receivership in excess of the income
from the Receivership Property received by the Receiver. , shall be
taxed as additional costs in this action by the Public Trustee
for the County of Weld or this Court in the event that the
defaults under the Note and Deed of Trust are subsequently cured
or if the Property is redeemed as provided by law.
8 . The Receiver shall file an inventory of the Property of
• the Receivership within thirty (30 ) days from the date of this
Order.
9 . The Receiver shall continue in possession of the
Receivership Property during the period of redemption after a
foreclosure sale and until such time as this Court orders the
Receiver' s discharge.
4 aafi
e 4
F
T'MOND J M I LLE9 ri' .PNE ,
DATED this -:-;1"4-day of j1t_���r.,f , 3990.
i
BY THE COURT:
OCT 3 ! 1990
\ N -� - - , ^ - r .
1 boil1 ,�_ �-7-4)L_L� • -=•
] DISTRICT COURT JUDGE
: ..t..,'Ad_y._' -i--,�i ..)4)4'e_/-1.._
,
5
' 90-11-28 08 41 3081 88_ 61 0638 RAYMOND J MILLET rtT?OFNEr' 002 F02
p:
B 1252 REG 02201424 12/29! 89 15 : 12 ?25 . 00 5 / 005
F 1016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
•
•
A tract of land located in the Southeast Quarter (SE1/4) of Section Twenty-one (21) ,
Taanship Seven (7) North, Range Sixty-five (65) West of the 6th P.M., Coitty of Weld,
State of Colorado, being apart of Lot e of Recorded Exemption no. 0709-21-4-RE 625, as '
recorded August 16, 1983 in Book 1004 under Reception no. 1.937179, Weld County Records,
and being more particularly described as follcros.
CuRnencing at the Southeast Corner (SE Cor) of said Section 21 and considering the South
Line of said Section 21 to bear North 89° 46 ' 32" West, with all other bearings contained
herein being relative thereto;
thence North 89° 46' 32" West, 1173.69 feet along said South Line to the True Point of
Beginning;
thence North 89° 46' 32" West, 1228.53 feet;
thence North 00° 42' 25" East, 1825.20 feet;
thence South 89° 34 ' 43" East, 1102.29 feet along an existing fence line:
thence South 05° 40' 00" East, 49.22 feet;
thence South 89° CO' 00" East, 282.75 feet;
thence South 06° 10' 50" East, 239.95 feet;
thence South 06° 27 ' 46" East, 688,78 feet;
thence South 85° 22' 14" West, 128.28 feet; •
thence South 10° 57 ' 17" West, 850.25 feet to the True Point of Beginning,
� 9
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Proposal To Remove Tires
I, Don McIrvin, do hereby propose to remove approximately 7,000
junk tires from R.E.C.0.A. Inc. , 20751 WCR 78, Eaton, CO for the price
o£ 400 each, or a total of $2,800.00. Any tires over and above the
estimated 7,000 junk tires (estimated to be 1 ,000) are to be mine
for the taking to be disposed of by; me at my discretion.
This offer is good for a period of 30 days from November 19, 1990.
ScL"v‘-
Don McIrvin
of •,44' 4
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the matter are requested
to attend and may be heard.
Should any interested party desire the presence of a court reporter to make
a record of the proceedings, in addition to the taped record which will be
kept during the hearing, the Clerk to the Board's Office shall be advised in
writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. 90-51 Eaton Landfill/McMill, Inc.
c/o Thomas Hellerich
630 Greeley National Plaza
Greeley, Colorado 80631
DATE: November 28, 1990
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Certificate of
Designation, issued to Eaton Landfill/McMill, Inc.
LEGAL DESCRIPTION: Part of the SEI of Section 21, Township 7 North, Range
65 West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the facility is in violation of the condition
imposed on the extension of time to operate the south area of
the landfill to remove tires stored on part of the SEI of
Section 21, Township 7 North, Range 65 West of the 6th P.M. ,
Weld County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly Miller, Deputy
DATED: October 17, 1990
PUBLISHED: November 15, 1990, in The New News
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David H. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County Noma
and has been continously and Pernuantbo
uninterruptedly d *°"�8 Lwe due
P Y published therein, �y�°me peg
during a period of at least w e
]ne d a
fifty-two consecutive weeks prior to
the first publication of the annexed Puioor, Gnosis, i kat
kmaid e '
notice; that said newspaper is a nrenmi
newspaper within the meaning of the S�1�iwBly eakd b al�y�rnay
act of the General Assembly of the metedr°g=rac r - �°
State of Colorado, entitled "An Act a�iu°rn��e�etfin
to regulate the printing of legal w be t / the
notices and advertisements, " and Xriffitiouingielle
■
amendments thereto; that the notice
of which the annexed is a printed aliggatbe
ME rr ainie Pe,D,
er
textandgcopy taken from said newspaper, was
°'athatthe
published in said newspaper, and in located thlt w
the regular and entire issue of L commiuntap°em every number thereof ,
f anighlii
once a week for :sown�'°' '°°_
successive weeks; that said notice °0p s'jen
to SNOW
t of
was so published in said newspaper a
proper and not in any supplementint
AL °
thereof , and that the first 11 vD 7=71;2,0„.„d
publication of said notice as Pe ° ees Mara,
aforesaid, was on the ��1° Wia� a e'
cerot°n a opera
� 1 c south areaa bins stored on 18ntW �1� day of I V PO , 19 l b , �+d section 21 or the
and the last on the IS day of
AlenColorado rem
LLST3 (711—.
� ALTAIeDATED:h TI,fnThe... rJeWDNCO tlnbereIb. 19Bi,_ —_ __.______
_
Subscribed and sworn to before
me this ait4day of 4.4-0,1u412.4-, ,
19 9rr .
La 2. Cdi_OC
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or. . ^ •1
P 387 471 483
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOP INTERNATIONAL MAIL
EATON LANDFILL/MCMILL, INC,
C/0 THOMAS HELLERICH
630 GREELEY NATIONAL PLAZA
GREELEY, CO 80631
Postage
S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
a Return Receipt showing to whom.
Date. and Address of Delivery
d
TOTAL Postage and Feeso 5
0
Postmark or Date
co
xn
LL /0/
3 0 /cio
• 3 and 4.: Complete items 1 end 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and
the d to of deliver . For ad Mona ees t e o owing services are avai a e. onsu t postmaster or ees
an ec ox es or additional service(s)requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to:
4. Article Number p
EATON LANDFILL/MCMILL, INC. 83
C/0 THOMAS HELLERICH Type of Service:
630 GREELEY NATIONAL PLAZA LJ Expre O Registered ❑ Insured
GREELEY, CO 80631 Expre s ❑ COD
ss Mail ❑ Return Race'.
for Merchan•_. •
_ Always obtain signature of addressee
-- — - or agent and DATE DELIVERED.
8. Addressee's Address (ONLY if i..
��$��{/q� requested and fee paid)
��"�i •�_r_ _
7. Date o- Delivery
N, 0/ OF
PS Form $: � r ��.°�
pr. '.9 *U.S.G.P.O.1989.238-815 DOMESTIC RETURN RECEIPT
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