HomeMy WebLinkAbout20172566.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DORTHY K. GURTLER
TRUST
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, the Board has been presented with an Agreement Concerning Purchase of
Public Road Right -of -Way for Certain Improvements to County Road 49 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and Dorthy K. Gurtler Trust, 7538 County Road 49,
Hudson, Colorado 80642, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning Purchase of Public Road Right -of -Way for
Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Dorthy K. Gurtler Trust, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern be, and hereby is,
authorized to sign all related documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datitiev jddo;vk. EXCUSED
Julie A. Cozad, Chair
Weld County Clerk to the Board
BY: Q .
puty Clerk to the Board
AP".VDASTO
ounty orney
Date of signature: '151(-7
ifr2<:)_______
Steve Moreno, ro-Tem
can P. Conway
arbara Kirkmeyer
cc Pic c« I enc.)
2017-2566
EG0074
,2 /027
MEMORANDUM
TO: Esther Gesick, CTB DATE: July 19, 2017
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: ROW Agreement for Dorthy K. Gurtler Trust
Please place the attached Right of Way agreement on the BOCC Agenda. Once the agreement has
been signed, please return a signed original back to me so I can provide them to IHC.
This agreement is for additional Right of Way that IHC needs to accommodate their design of CR 49
south of the CR 18 intersection. IHC will acquire 0.32 acres from the landowner.
Weld County is not paying for the Right of Way acquisition. IHC included the cost of additional right of
way acquisitions in their price for the overall CR 49 project. IHC is acquiring the additional ROW on
behalf of Weld County. IHC offered the landowner $4,394.00 for the ROW agreement.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
Page I of I
M'\ --Active Projects\Strategic Corridor\WCR 49 Corridor\ROW \MHC Acquired ROW \Gurtler\Gurtler ROW Agreement Memo to CTB 7-19-17.docx
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49,
BETWEEN DORTHY K. GURTLER TRUST AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this
V1 dayof , 2017, by and between
DORTHY K. GURTLER TRUST whose address i 753 ounty Road 49, Hudson CO 80642
hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate
and politic of the State of Colorado, by and through its Board of County Commissioners, whose
address is 1 150 `O' Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit —A
Lot B" and "Exhibit —A Lot D" (hereinafter referred to as ("Public Road Right -of -Way"),
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
Owner agrees to sell at closing and IHC on behalf of Weld County agrees to
purchase the Public Road Right -of -Way shown and/or described on "Exhibit -A
Lot B" and "Exhibit —A Lot D" (a copy of which is attached hereto and made a
part hereof by this reference), for the sum of Three Thousand Three Hundred
and 00/100 Dollars, ($3,380.00). The parties acknowledge and agree that said
purchase price represents full, fair and valuable consideration.
2. If this agreement is executed and returned to our office on or before
July 7, 2017, IHC on behalf of Weld County shall pay the amount
described in Paragraph Three "3" of the County's Rights and Responsibilities.
3. Owner agrees to grant the Public Road Right -of -Way to the County by Quit Claim
Deed, free and clear of all liens and encumbrances, except existing easements.
4. Owner shall retain the mineral estate under the Public Road Right -of -Way and
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"arly Koppes, Clerk and Recorder, Weld County, CO
C hA Yid 11111
020/7- 025-6,6)
shall also retain any water rights currently attached to or associated with the
Public Right -of -Way.
5. Owner shall deliver the fully executed Quit Claim Deed for the Public Road
Right -of -Way to County at the date of closing which shall be no later than thirty
(30) days following the County's execution of this Agreement.
6. Owner shall pay any encumbrance associated with the Public Road Right -of -Way,
which is required to be paid, including, but not limited to, a prorated amount of
the property taxes, and any past due property taxes, (and interest and penalties
thereon), on or before the date of closing when Owner delivers the Quit Claim
Deed to County. Owner is solely responsible for the payment of any amounts
owed to a third party holding a security or other ownership interest in the Public
Road Right -of -Way.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. IHC on behalf of Weld County shall at closing pay for the cost of obtaining title
insurance if County desires to obtain title insurance for the Public Road Right -of -
Way.
2. IHC on behalf of Weld County shall at closing pay all fees associated with
recording this Agreement and/or the Quit Claim Deed.
3. IHC on behalf of Weld County shall pay Four Thousand Three Hundred
Ninety-four and 00/100 Dollars ($4,394.00) to the Owner for the Public Road
Right -of -Way by County warrant(s) at the date of closing if agreement is signed
and returned on or before July 7, 2017. If the agreement is not signed and
returned on or before July 7, 2017 IHC on behalf of Weld County shall maintain
its current offer of Fair Market Value of Three Thousand Three Hundred
Eighty and 00/100 Dollars ($3,380.00) for the Public Road Right -of -Way by
County warrant(s) at the date of closing.
4. Prior to construction commencing on the Project and right of way described
herein, IHC on behalf of Weld County shall construct a temporary fence line
along the outside boundary of the Right -of -Way. At the conclusion of
construction, IHC on behalf of Weld County will install a new permanent right of
way fence along the boundary of the new right of way being acquired hereunder.
Owner shall be responsible for maintenance of said fence.
MISCELLANEOUS:
Page 2 of 4
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Carly Koppes, Clerk and Recorder, Weld County, CO
•11 I���R' Nu '4#�hi Kt� ti��F AIRAMIY4yh 1I II
1. This Agreement and the transfers of the Public Road Right -of -Way made
pursuant to the terms herein, shall be binding upon, all and inure to the benefit of
and be enforceable by the parties and their heirs, executors, administrators,
successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
Page 3 of 4
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 11111
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: Dorthy K. Gurtler Trust
ATTEST: er.,dattAJ p;ei
Weld C ' un y lerk to the Bo. rd
BY:
Deputy C1e o t e Boar
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Carly Koppes, Clerk and Recorder, Weld County, CO
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair Pro -Tern
JULJ2 4 2a17
Page 4 of 4
02-0 / %— o? ,-6 6, CI)
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
FROM THE DOROTHY K. GURTLER TRUST
PARCEL No. 130530200027
AS FILED UNDER RECEPTION No. 2640871
BEING KNOWN AS LOT B /RE - 3981
RECEPTION No. 3312631
A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest 1/4 of Section 30, Township 2 North,
Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly
described as follows:
BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest
Corner of said Section 30 bears N45°50'22"W, a distance of 99.34 feet;
THENCE S01°02'07"E, a distance of 426.94 feet;
THENCE, 589°21'32"W, a distance of 30.00 feet, to the East Right -of -Way Line of Weld County Road 49;
THENCE N01°02'07"W, along said Right -of -Way Line, a distance of 396.94 feet;
THENCE N44°09'44"E, continuing along the East Right -of -Way Line of Weld County Road 49, a distance of
42.28 feet; to THE POINT AND PLACE OF BEGINNING, containing 12,358 square feet (0.28 Acres) more or
less.
Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing
of S01°02'07"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel.
CO PLS 18468
ADDITIONAL ROW
ACQUISITION RRw -/D
GURTLER TRUST
LOT B
WELD COUNTY, COLORADO
LUCH ETTI
SURVEYING
1975 Prairie Owl Road
parker, CO 80iits
(303)841-2568
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII KIVIMAINVIal TAMIIlFlinilii4d 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR 18
PROJECT NO.: SRP26
DATE: 7/09/16 IORAWN BY: MSL (SHEET 1 OF 2
N
EXHIBIT -
A
NW Corn&
Sect 30 T2N R64tf/
N 44'09'44" E, 42.28'
WCR49 Existing
R -O- W
N 01'02'07" W, 396.94'
West Line
Section 30
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
1
I
I
e
A
I
la a.
t,
I
t
,f
a w
a
WCR - 18
a a
TIE -- N 45'50'22" W, 99.34'
Existing
20' Perm.
Easement
P.O.R.
a
DORTHYK. CURB R TRUST
PARCEL No. 130530200027
RECEPTIONNo. 264087/
LOTB/RE-3981
RECEPTIONNo.331263!
S 01'02'07" E, 426.94'
Additional ROW Parcel
12,358 sq. ft. /028 Acres
All existing ownership,
Rights -of —Way, and
existing easement
information has been
provided by Weld County.
■
N
fi
S 89'21'32" W, 30.00'
100 0 50 100 200
SCALE: 1 "=100'
ADDITIONAL ROW
ACQUISITION RW A
GURTLER TRUST
LOT B
WELD COUNTY, COLORADO
41/4\C )1/4 et* EUCH'ETTI�
SURVEYING
1975 Prairie Owl Road
Parker, CO 80138
303 841-2568
I
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26
SCALE: 1 s=100'
DATE: 7/09/16
DRAWN BY: MSL
SHEET 2 OF 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII MINI M WINIONiltileigrililllialk�l II
PHOTO EXHIBIT
NW Corner
Sect.. 3G' T2N R64!4'
�44"
L'VCR4U Existing ._
R -O W
West tam
.5e, ten 30
Note: This EKniPit skeu...t. •ion,:.,
not represent a Monurrtentt•d LorH
Survey or Right - c -,f --Way. '
intended to show the -7t tc che.d proper r
description only.
ADDITIONAL ROW
ACQUISITION
RW A
GURTLER TRUST
LOT B
WELD COUNTY COLORADO
414.
i
i
t
'-County Road 18
20 ' Perm,
Easement
PUB.
DORT/IYAT C;1/Ri/ AR /RUST
PARCEL No. /W102000,7
1?FC EPT/ON No. '64187/
1.07' R/RF. -.198/
Rf- C'F,f'/ %ON /.26.1/
S 01'02'07" E, 426 cl4'
Addy trona/ ROW Parcel
12,360 sq. ft. / 028 Acres r
Al! existinga ownership.
Rights-- of-- Way, and
existing easement
information has been
provided by Weld County.
89'21'32" W, 30.00'
SURVEYING
LUCJ(ETTI
ritiva
ire
1975 Prairie Owl Road
ar er,
303 841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR 18
PROJECT NO.: SRP26
DATE: 12/13/16
SCALE: 1"=100'
DRAWN BY: MSL
4321376 Pages: 7 of 10
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Carly Koppes, Clerk and Recorder, Weld County, CO
In FAD* EP& WA III III
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
FROM THE DOROTHY K. GURTLER TRUST
BEING KNOWN AS LOT D /RE - 3981
RECEPTION No. 3312631
A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest % of Section 30, Township 2 North,
Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described
as follows:
BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest
Corner of said Section 30 bears N05'38'05"W, a distance of 498.83 feet;
THENCE N89°21'32"E, a distance of 30.00 feet;
THENCE, 513'26'32"W, a distance of 120.00 feet, to the East Right -of -Way Line of Weld County Road 49;
THENCE N01°02'07"W, along the East Right -of -Way Line of Weld County Road 49, a distance of 116.40 feet;
to THE POINT AND PLACE OF BEGINNING, containing 1,746 square feet (0.04 Acres) more or less.
Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of
SO1'02'07"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld County
Personnel.
do
CO PLS 18468
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT D
WELD COUNTY, COLORADO
LUCHE7Ti
SURVEYING
1975 Prairie Owl Road
rarker, CO 801.3s
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26
DATE: 7/09/16 !DRAM BY: MSL 1 OF 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
II
i
EXHIBIT - A
0
O
1
O
O
O
O
0
0
O
T
NW Corn&
Sect 30 TEN R6411/
West Line
Section 30
i
WCR49 Existing
R -O- W
N 01'02'07" W, 116.40'
I
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
i
I
I'
1
i -
_ _
WCR - 18
77E — — S 05'38'05" E, 498.83'
N 8921'32n E, 30.00'
All existing ownership,
Rights -of —Way, and
existing easement
information has been
provided by Weld County.
•
S 1326'32" kt 120.00'
DORTHYK. CURTLER TRUST
LOTD/RE-3981
RECEPTION No. 3312631
Proposed Addition/ ROW Parcel
1,746 sq. f t./0 04 Acres±
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT D
WELD COUNTY, COLORADO
LUCI4ETTI
SURVEYING
1975 Prairie Owl Road
Parker, CO 80138
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26tscAI1: 1"=100'
DATE: 12/13/16 'DRAWN BY: MSL (SHEET 2 OF 2
4321376 Pages: 9 of 10 07/26/2017 12:40 PM R Fee:$0.0@
Carly Koppel, Clerk and Recorder, Weld County, CO
III NJciF'i1LkeFl+lhlifli}f1+'rf r6AhtID,ll tiiYYl4
PHOTO EXHIBIT
NW Corner
Sect 3O r2NR64W -__
L4"est Lin(
Section JC'
WCR4? Ex,stirrr,
Note This Exhibit sketch does
not represent a Monurnerite.ci LL]nr1
urvey ,7r Riaht :Of Way �s
intended tc show the on -ached cnor,f;rI
description only.
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT D
WELD COUNTY COLORADO
1/4
r
I
e
"st,
LU�I4E1T1
SURVEYING
1975 Prairie Owl Road
ar er,
303 841-2568
$ ) f c -as
wve 0.0 y 164
AL existing ownership,
Rights —of —Way, and
existing easement
information hos been
provided by Weld County
PORT/71" As. it If l/ IA' /H(/S'/
/.07. h/Rf--.. 9'S','
RI,I`f-'/'7W<)'1 Asti /_'o-//
Proposed Additional ROW Parcel
1,74b sic ft./O 04 Acres -
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26
DATE: 7/09/16
SCALE: 1'=100'
4321376 Pages: 10 of 10
07/26/2017 12:40 Pan'd Recorder, eWeld County, CO $O 0
Carly Koppes, Clerk
NFOISIII till
�� ��
QUIT CLAIM DEED
THIS DEED is made this ' 1/*day of „n , , 2017, between Dorthy
rthy K. Gurtler Trust ,
party of the first part and Weld County, olorado, a body politic and corporate of the
rp State of
Colorado, whose address is whose legal address is 1150 "0" Street, Greeley, Colorado 80631,
party of the second part.
WITNESSETH, that the said party of the first part, for sufficient consideration, the
receipt whereof is hereby confessed and acknowledged, has remised, g released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release, sell, convey and
QUIT
CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, r, all the
right, title, interest, claim and demand which the said party of the first part has in and to the
he
parcel of land situate, lying and being in the County of Weld and State of Colorado, to wIt.' • All of the real property described in the attached Exhibit "A."
TO HAVE AND TO HOLD the same, together with all the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first art either in law or equity,
part, q ty, to
the only proper use, benefit and behoof of the said party of the second art heirs and assigns
part,
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
ii-cf-tzei,
Dorthy K Ofirtier Trust
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
20) 7 , by Dorthy K. Gurtler Trust.
NOTARY PUBUC • STATE OF COLORADO
My identification # 20114065230
Expires October 11, 2019
My commission expires: l �� - 1 19
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Carly Koppes, Clerk and Recorder, Weld County, CO
I Cilki4 liii
f�
day of cJ iiile
Got1-5CoCo
EXHIBIT- A
ADDITIONAL RIGHT-OF-WAY
FROM THE DOROTHY K. GURTLER TRUST
PARCEL No. 130530200027
AS FILED UNDER RECEPTION No. 2640871
BEING KNOWN AS LOT B /RE - 3981
RECEPTION No. 3312631
A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest r of Section 30, Township 2 North,
Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly
described as follows:
BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest
Corner of said Section 30 bears N45°50'22"W, a distance of 99.34 feet;
THENCE S01°02'07"E, a distance of 426.94 feet;
THENCE, S89°21'32"W, a distance of 30.00 feet, to the East Right -of -Way Line of Weld County Road 49;
THENCE N01°02'07"W, along said Right -of -Way Line, a distance of 396.94 feet;
THENCE N44°09'44"E, continuing along the East Right -of -Way Line of Weld County Road 49, a distance of
42.28 feet; to THE POINT AND PLACE OF BEGINNING, containing 12,358 square feet (0.28 Acres) more or
less
Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing
of S01°02'07"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel.
nfatkiclayeet
•
CO PLS 18468
ADDITIONAL ROW
ACQUISITION (RW
GURTLER TRUST
LOT B
WELD COUNTY; COLORADO
1*
w
LW, Err
SURVEYING
1975 Prairie Owl Road
Parker, Co 50138
i3Q3iS41-2568
WELD COUNTY DEPARTMENT
QF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR 18
PROJECT NO.: SRP26
DATE: 7/09/16
DRAWN BY: MSL
SHEET 1 OF 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
i
EXHIBIT
A
NW Corm
Sect 30 T2N R64G#/
N 44'09'44" E, 42.28'
WCR49 Existing
R -O- W
N 01'02'07" W, 396.94'
West Line
Section 30
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
i
WCR - 18
N 45'50'22" W, 99.34'
.._.........�. Y. M.•. morsosM`. _ _ ...........M. MME -
Existing
20' Perm.
Easement
DORTHYK. GENTLER TRUST
PARCEL No. 130530210027
RECLPTIONNo. 2640871
LOTP/RE-3981
RECEPTIONNo.3312631
S 01.02'07" E, 426.94'
Additional ROW Parcel
12,358 sq. ft / 028 Acres ±
All existing ownership,
Rights -of —Way, and
existing easement
information has been
provided by Weld County.
a
S 89'21'32" W, 30.00'
100 0 50 100 200
SCALE: 1 "=100'
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT B
WELD COUNTY, COLORADO
LUtUETI
SURVEYING
1975 Prairie Owl Road
Parker, CO 80138
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26SCALE: 1"=100'
DATE: 7/09/16 'DRAWN BY: MSL
SHEET 2 OF 2
4321377 Pages: 3 of 5
07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
III MEOLAVLYAYtihYld III III
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
FROM THE DOROTHY K. GURTLER TRUST
BEING KNOWN AS LOT D /RE - 3981
RECEPTION No. 3312631
A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest % of Section 30, Township 2 North,
Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described
as follows:
BEGINNING ATA POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest
Corner of said Section 30 bears N0S°38'05"W, a distance of 498,83 feet;
THENCE N89°21'32"E, a distance of 3O.00 feet;
THENCE, S13°26'32"W, a distance of 120.00 feet, to the East Right -of -Way Line of Weld County Road 49;
THENCE N01°02'07"W, along the East Right -of -Way Line of Weld County Road 49, a distance of 116.40 feet;
to THE POINT AND PLACE OF BEGINNING, containing 1,746 square feet (0.04 Acres) more or less.
Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of
501°02'07"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld County
Personnel.
14.1,4;teat,
CO PLS 18468
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT D
WELD COUNTY, COLORADO
•
a
E
S URVYI NG
1975 Prairie Owl Road
Parker, CO s0tst
(303)84172568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
DATE: 7/09/16
SHEET 1 OF 2
4321377 Pages: 4 of 5
07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII MAIM
1.4K1 -1111
II
EXHIBIT -
N
O
1
NW Corner
Sect 30 T2N R64 L4/
West Line
Section 30
WCR49 Existing
R-0-14/
N 01'02'07" N, 116.40'
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. it is
intended to show the attached property
description only.
i
N
"i
lanallemeeseisas
TIE
__
WCR - 18
__
— -- S 05'38'05" E, 498.83'
N 8921'32" E, 3000'
a
All existing ownership,
Rights--of—Way, and
existing easement
information has been
provided by Weld County.
S 1326'32" M 120.00'
DORTh'YK.. CUR.TLER TRUST
.LOTD/RE3981
RECEPTION No. 312631
Proposed Additional ROW Parcel
1,746 sq. ft./0.04 Acresf
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT D
WELD COUNTY, COLORADO
.w
LU b4ETFI
SURVEYING
1975 Prairie Owl Road
Parker, CO 80138
(303841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26
DATE: 12/13/16
SCALE: 1 .=10O'
DRAWN BY: MSL 'SHEET 2 OF 21
4321377 Pages: 5 of 5
07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII wJrjrIuwrvt lief .311, 41,WIN Iimi1 111 II 1
t{.C. Peck & Associates. Inc.
National I.and Scn'icc (. ontlnm
March 20, 2017
HAND DELIVERED
NOTICE OF INTENT TO ACQUIRE PROPERTY
AND OFFER TO PURCHASE PROPERTY
Donhy K. Cursler Trust
7538 Weld County Road 49
Hudson. CO 80642
RE: Weld Camay- WCR 49 Corridor Improvements Project
Project No: SRP-26
Parcels: RW- A Lot B and RW-A Lot D
Interests W be acquired: Right of Way Acquisition by Quit Claim Deed (RW- A Lm
0, RW-A Lot D)
Deer Properly (honer.
Interstate Highway Crrastruedon, Inc. (IHC) is in the process of planning and desiEming a project
for the reconamxton of Weld County Road 49 between 1-76 and I; -.S. Highway 34 on behalf of
Weld County. This pmiect is considered the Weld County Road 49 Condor Improvements
Project. Phase 1I (-Project's). Preliminary design has progressed in a point that IHC has
determined that it will need to acquire pmporty interests from you to accommodate this
improvements project. Recently. 114C retained our company, H.C. Peck & Associates, Inc. In
assist in the completion of right of way acquisition necessary for his project. In That regard, by
this letter we ate presenting an offer for the following:
I ) Right of Way parcel required from you is identified es RW-A Lot B. consisting nt'028 acres
in permanent right of way by Quit Claim Deed.
2) Right of Way parcel required Drum you is identified as RW-.A Lot D, consisting of0.04 acres
in permanent right of way by Quit Claim Dead.
IHC on behalf of Weld County has prepared um Analysis of Valuation in order to determine the
value of year property and is now in a position to present to you an offer in the amount of
$3380.00 to purchase necessary tight of way referenced above.
4001 Fox Strom. Drawer, CO 80216
(303) 6234112 • Fax (303) 6234301
www.hcpcck.com
I:nc'coed with this letter are the following documents:
• Summary Statement of lust Comper satin
• Agreement for the Purchase of Right of Way
• Exhibits and legal descriptions
• Request for in payer identification form (W-9)
• Form of Quit Claim Deed
All documents referencd above constituteand are relative to IIIC's (on behalf of We!d County)
Offer to Acquire necessary property interest for the project. Please. review :his information.
If you a desire a meeting in du field. we can anange a lima to do so at ynur pmpeny. At than
time we can pis* discuss the IRC Offer and contract terms if you have any questions in that
regard.
lea meeting is not necessary. pleasesigt the enclosed Agreement form where indicated and
return it along with a vampieted and signed W-9 form in the enclosed self-addressed envelope.
Once I receive the signed Agreement from you, l will forward it in the ileum n"Coumy
Commissioners for their approval and counter signature. Once the Agreement has been approved
and signed by the County you will be contacted to omnnge a closing for this acquisition.
Incentive to Sign Agreement
In an elan to obtain your voluntary agreement to the necessary right of way acquisition. the
County has authorized me to increase its offer to you to the amount of S4.394 .00 as payment ter
all interests requited as set forth in the paragraph above. Please be advised that this additional
compensation is offered as an inducement to you to accept the MC (on behalf of Weld County)
Agreement and the County has not changed its determination of the fair market value.
In order for this enhanced offer to be accepted, it is necessary mat we received due enclosed
Agreement and IRS W-9 Four, signed by you, no later than Anil 20.2017
In the evert we do not receive the revised Agreement back from you by that date. we will
assume you have rejected the offer and we have reached an impasse in ntegatiatinns. Al that paint
the INC offer contained herein will he withdrawn rind we will forward your acquisition file to the
County for pocessing.
If you have questions or comment. please contact me.. t hank you for your time and cooperation
during the process.
SIC
r
Right- of -Way Speciniist
Enclosures: See list above
CC: Weld County Public Works
Coor;3e Ottcnhotr
Lind, rPonto0 & Root LI.P
355 Neuman Peek Drive. Ste 200
Windsor. CO 80550
SUMMARY STATEMENT OPJUST COMPENSATION
bcrlhy K Gilder Trust
7538 Weld County Road 40
Hudson. CO 80642
Date: OAarch 20 2017
Project. WCR 49 Improvement Project
Project No SRP-26
Parcel: RW-A Lot 8, RWA Lot 0
The amount Offered as fair market value was determined in accerdarce with applicable Fedcrar
and Stale Iews and requrements
1. Right of Way.... ......... ....................5 3,380.00 based on $10,562.50facre
2. Signing Incentive ._.... _... 51,014.00
3. TOTAL......._._...............................$4.394.00
Determination was based on the following information
a Ider ificalion of the real property lobe acgmred: 7538 Wee County Road 49. Hudson.
CO 80642. Parcel RW-A Lol B, RWA LW D.
b Typo of interest being acquired: Right of Way
C. Ids tlhgt on of all improvements, including fixtures to bo acquired. None
d. Identification of real property improvements, including fixtures to be aoquaed wh,w ate
not owned by the landowner: Nine
The subject property has been valued as though clean with the assumption that there
are no poleabally hazardous substances on or below the surface of the site or in the
construction of any snprovement. If. at a later date. contamnabon is found on as in the
property that would negatively affect the value. the vaua finding end subsecuent offer
wal be revised
I&TROD, OTTPkNHOFF
ROOT LLP
Attorneys at Law
355 Eastman Park Dr., Ste. 200 • Windsor, CO 80550
Ihlephnne.: (970) 674-9888 • Fax: (970) 674-9535
Email: stephanie@lorlegatcom
July 5, 2017
Jerry Kanter
❑.C. Peck & Associates, Inc.
4001 Fox Street
Denver, CA) 80216
RE: Dorthy K Gunter Trust
Dear Mr. Kanter:
Kenneth P. (And
Geo.te H. Otteaho(
John D. Root
Chnsten 8. Hinge
Enclosed please find the Agreement for the Purchase of Public Road Right -of -Way for
Certain Improvements to Weld County Road 49, Between Dorthy IC Curler Trust and Weld
County, Colorado, a Quitclaim Deed between Dorthy K. Gtmnler and the County of Weld. and a
W-9 the tho Dorthy K. Gurtler.Trust. If you have any questions regarding these documents, please
don't hesitate to contact our office.
JAr
Enclosures
pc:
Yours very truly.
LIND, OTTENHOPF & ROOT LLP
Stephanie J. Roc
Legal Assistant to Kenneth F. Lind and
Cbry.cren S. Hine
RECEtvED
JUI 0 7 2n17
H'C. PECK
MEMORANDUM
TO: Esther Gesick, CTB DATE: March 14, 2018
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Acceptance of a Deed of Dedication for Public
Highways for the CR 49 Project
Please place the attached Quit Claim Deed for additional ROW that IHC acquired on behalf of Weld
County from the Dorthy K. Gurtler Trust on the BOCC Consent Agenda.
The original contract ID # was 1276 and the docket number was 2017-2566.
4t1( /0.6)
N -I"1-18"
DO -a_UL9
E&oo--r4
Page I of 1
M:\ —Active Projects\STRATEGIC CORRIDOR\WCR 49 Corridor\ROW\IHC Acquired ROW\Gurtler\Gurtler Deed Acceptance Memo to CTB 03-07-18.docx
QUIT CLAIM DEED
(J � Time
plifite,ebrn 800.460.5657
NO DOC FEE
SQUIRED
THIS DEED is made this 18th day of August, 2017, between Dorthy K. Gurtler Trust , party of
the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado,
whose address is whose legal address is 1150 "O" Street, Greeley, Colorado 80631, party of the
second part.
WITNESSETH, that the said party of the first part, for sufficient consideration, the
receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT
CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the
right, title, interest, claim and demand which the said party of the first part has in and to the
parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit "A."
TO HAVE AND TO HOLD the same, together with all the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
Dorthy K. Gurtler Trust
Tie
By: Dorth
K. Gurtler, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 18th day of Augst, 2017, by
Dorthy K. Gurtler, Trustee of Dorthy K. Qutler Trust.
MICA SPENCER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19984030370
MY COMMISSION EXPIRES NOV. 02, 2018
4386701 Pages: 1 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ii PAM ILINDII'I :IrIL'0YO1Vii' lily), 11 II
Notary Public
OO 11' Er Q
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts said parcel, pursuant to Colorado
Revised Statute 43-2-201(1)(a).
Dated this /9 day of , 2018.
ATTEST: "011/4°4A
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
BY
Clerk to the Board
STATE OF COLORADO )
)ss
COUNTY OF WELD )
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
Steve Moreno, Chair
BOARD OF COUNTY MAR 1 9 2018
COMMISSIONER
OF THE COUNTY OF WELD
The foregoing instrument was acknowledged before me this /1 day of
, 2018, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires: /62 -//9? -1)Al2,
4386701 Pages: 2 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC, 19, 2018
�0/o2��G
iii liTdrl'Aii riel 'IEL:Ie 1r' la'L'ii'.ti141 I1W1W 411,4 111111
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
FROM THE DOROTHY K. GURTLER TRUST
PARCEL No. 130530200027
AS FILED UNDER RECEPTION No. 2640871
BEING KNOWN AS LOT B /RE - 3981
RECEPTION No. 3312631
A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest % of Section 30, Township 2 North,
Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly
described as follows:
BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest
Corner of said Section 30 bears N45°50'22"W, a distance of 99.34 feet;
THENCE S01°02'07"E, a distance of 426.94 feet;
THENCE, 589°21'32"W, a distance of 30.00 feet, to the East Right -of -Way Line of Weld County Road 49;
THENCE N01°02'07"W, along said Right -of -Way Line, a distance of 396.94 feet;
THENCE N44°09'44"E, continuing along the East Right -of -Way Line of Weld County Road 49, a distance of
42.28 feet; to THE POINT AND PLACE OF BEGINNING, containing 12,358 square feet (0.28 Acres) more or
less.
Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing
of S01°02'07"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel.
CO PLS 18468
ADDITIONAL ROW
ACQUISITION
GURTLER TRUST
LOT B
WELD COUNTY, COLORADO
4386701 Pages: 3 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIIIl�rj ll� Il Ir 11i1R�����1�41� l 3hV�� II II
LUCH Errt
SURVEYING
1975 Prairie Owl Road
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads I-76 & WCR 18
PROJECT NO.: SRP26
Parker, (.O SU138 "
131131841-2568 DA1E: 7/09/16 rAWN BY MSL T 1 OF 2
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
4386701 Pages: 4 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
All existing ownership,
Rights —of —Way, and
existing easement
information has been
provided by Weld County.
III Iliira131 11,4,01'111% iiii'.‘• l'i ill'i:All'Iliiii,"Iiiiiiiiiiiiii, III II I
/)0k/f/Y"k: (:!/R7Y_t;i? TRUST
PAR( ZL Na /. ?I3.;(1.),,81_ 7
RR /;l'TIONNo. 2M037/
LOT Bu1? :.198/
RH'f?llON.1Vo..%1/ 2h.//
$ 01'02'07" E, 426.94'
Addition/ ROW Parcel
2,.36 sq. ft. /0.28 Acres
All existing ownership,
Rights--of--Way, and
existing easement
information has been
provided by Weld County.
Note: This Exhibit skei ::;F', does
not represent a Vonurnenteri Lanc
Sc r •'e5 r
intender to show the nttacrled oror err y
iesc' otion only.
4386701 Pages: 5 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
III ridtgiu„thvii,4151 thipirucrii,Po liii
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
FROM THE DOROTHY K. GURTLER TRUST
BEING KNOWN AS LOT D /RE - 3981
RECEPTION No. 3312631
A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest 1/4 of Section 30, Township 2 North,
Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described
as follows.
BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest
Corner of said Section 30 bears N05°38'0S"W, a distance of 498.83 feet;
THENCE N89°21'32"E, a distance of 30.00 feet;
THENCE, S13°26'32"W, a distance of 120.00 feet, to the East Right -of -Way Line of Weld County Road 49;
THENCE N01°02`07"W, along the East Right -of -Way Line of Weld County Road 49, a distance of 116.40 feet;
to THE POINT AND PLACE OF BEGINNING, containing 1,746 square feet (0.04 Acres) more or less.
Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of
5011'02'07"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld County
Personnel.
1w
/i/ifukri:Lie
CO PLS 18468
ADDITIONAL ROW
f _.
ACQUISITION (RIP/ A
GURTLER TRUST
LOT D
WELD COUNTY. COLORADO
LUCH'ETII
SURVEYING
1975 Prairie Owl Road
YaTkeer; CO 8O136
(303)841-2568
4386701 Pages: 6 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
i
II lPj i III
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26
DATE: 7/09/16 DRAY,N BY: MSL {SHEET 1 OF 2
r
EXHIBIT - A
NW Corner
Sect 30 MUM,
U,
crel
r
I I
0
v
_b
0
0
0
0
0
0
N
0
0
West Line
Section 30
WCR49 Existing
R -O -W
N 01 V2'07" W, 116.40'
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
ADDITIONAL ROW
ACQUISITION RW A
GURTLER TRUST
LOT D
i
i
I
I
_ a
WCR - 18
a a
_ a
--
- _ ____ S _
77E — — S 0558'05" E, 498.83'
ciar
N 8921'32" E,, 30.00'
All existing ownership.
Rights -of —Way. and
existing easement
information has been
provided by Weld County.
I
LUCH ET1I
SURVEYING
1975 Prairie Owl Road
•
ar er,
WELD COUNTY. COLORADO (303)841-2568
4386701 Pages: 7 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
• :41
•
•
S 1326'32" W, 120.00'
DORTHYK. GURTLER TRUST
LOTD/R&-3981
RECEPTION Na33/2631
Proposed Additional ROW I -el
1,746 sv ft./0.04 Amass
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
Between Roads 1-76 & WCR18
PROJECT NO.: SRP26
DATE: 12/13/16
DRAf1 BY: MS_ 201 2
i
Al existing ownership.
Rights—of—'Wati, and
existing easement
information hos beer
provided by Wefd Count
fX)RJII -K G.:r'Ri t:k JR1/57-
11)1'1)/1?
Rbt W/'7!ok r1),,, J / 61 /
Note: snis Exnebit s►cetch does
not represent a Monurrented Land
Right —of-- Way. 't is
intended tc show the attached orooert
c,escriptior• only.
4386701 Pages: 8 of 8
03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
viii Ply iliDlili firi a iiNIIR I gilth liii
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