HomeMy WebLinkAbout760570.tiff FINDINGS AND RESOLUTION
CONCERNING REQUEST FOR RECORDED EXEMPTION
PETITION OF DENNIS E. STUEHM AND BILLIE L. STUEHM
The petition of Dennis E. Stuehm and Billie L. Stuehm, Ault, Colorado,
requesting exemption from definition of subdivision or subdivided land pursuant
to Section 9 of the Weld County Subdivision Regulations. The parcel in question
contains approximately 80. 34 acres of irrigated agricultural land, and Mr. and
Mrs. Stuehm desire to split off from said plat a parcel of land containing 9. 023
acres; said parcel of the whole, being more particularly described as follows,
to-wit:
The South Half (Sz) of the Northwest Quarter (NWI) of Section
5, Township 7 North, Range 65 West of the 6th P. M. , Weld
County, Colorado, being more particularly described as follows:
Beginning at the West Quarter Corner (W+ Cor) of said Section
5, and considering the West line of the Northwest Quarter
(NWI) of said Section 5 as bearing North 01°18'59" West, with
all other bearings contained herein relative thereto;
Thence North 01°18'59" West, along the West line of the North-
west Quarter (NW4) of said Section 5, 1328. 59 feet to a point
on the North line of the South Half (Sf) of the Northwest Quarter
(NWI) of said Section 5;
Thence North 89°51 '08" East, along the North line of the South
Half (S;) of the Northwest Quarter (NWI) of said Section 5,
2641 . 24 feet to a point on the East line of the Northwest Quarter
(NWI) of said Section 5;
Thence South 01°19'46" East, along the East line of the North-
west Quarter (NW+) of said Section 5, 1321 . 78 feet to a point
on the South line of the Northwest Quarter (NWI) of said Section 5;
Thence South 89°42'16" West, along the South line of the North-
west Quarter (NW4) of said Section 5, 2641 . 41 feet to the West
Quarter Corner (W4 Cor) of said Section 5, said point being the
Point of Beginning.
Said described parcel of land contains 80. 340 acres, more or less,
came on for hearing on March 1, 1976, and the Board of County Commissioners
of the County of Weld, State of Colorado, having heard the testimony and
evidence adduced upon said hearing and having considered the testimony,
evidence, remonstrances and recommendations of the Weld County Planning
Commission filed with said Board, and having carefully weighed the same,
now makes the following findings:
1. The evidence discloses that the applicants failed to sustain the
burden of proof as to the need for a recorded exemption, and that good cause
has not been shown why such exemption should be granted as required by
Section 9 of the Weld County Subdivision Regulations.
2. The evidence discloses that the proposed land division is not in
conformance with the intent of the recorded exemption procedure which is
defined as "a means whereby nonproductive agricultural lands may be de-
veloped for higher or more productive uses, insofar as such uses are
compatible with surrounding agricultural uses in areas where such land
divisions are proposed".
3. The evidence and investigation show that the property in question
is composed of good irrigated agricultural land.
760570
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4. The evidence discloses that the proposed land division does not
conform to the Weld County Comprehensive Plan in that it promotes non-
agricultural use of agricultural land.
5. That each of the preceding findings in and of themselves and
independent of each other constitutes a separate and individual ground for
denial of a recorded exemption under Section 9 of the Weld County Subdivision
Regulations.
RESOLUTION
WHEREAS, the Board of County Commissioners of the County of
Weld, State of Colorado, has heard the application of Dennis E. Stuehm and
Billie L. Stuehm, husband and wife, Ault, Colorado, for a recorded exemp-
tion under Section 9 of the Weld County Subdivision Regulations, of a parcel
of land as hereinabove recited and made a part hereof by reference, and
WHEREAS, said Board has made its findings on the evidence and
testimony submitted to it, which findings precede this Resolution and by
reference are incorporated herein and made a part hereof, and
WHEREAS, the Board has carefully considered the Petition, the
evidence, testimony and remonstrances and the recommendations of the
Weld County Planning Commission and has given the same such weight
as in its discretion deems proper, and is now fully advised in the premises.
NOW, THEREFORE, BE IT RESOLVED, that the petition of Dennis
E. Stuehm and Billie L. Stuehm, husband and wife, Ault, Colorado, request-
ing a recorded exemption under Section 9 of the Weld County Subdivision
Regulations of a parcel of land indicated above be, and it hereby is denied
on each of the grounds set forth in the Board's findings therein.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 3rd day of March, A.D. ,
1976. //
ATTEST: ,( �S -��� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board v tL ,/{ 2177//- .)
By 1 u ., _< t, + ,R _ K, - r
/ Deputy County Jerk
APPROVjD AS TO FORM:
/ Special Leal Counsel . J ;;
it
RECEIPT FOR CERTIFIED MAIL-30c' (plus postage)
SENT POSTMARK
TO
OR DATE
Dennis E. Stuebin
STREET AND NO.
CO
en --1:.1at--
c`'J P.O.,Colorado CODE 80610
C.' OPTIONAL SERVICES FOR ADDITIONAL FEES 3/4/76
f`f _— 1. Shows to whom and date delivered 154
RETURN With delivery to addressee only 650
RECEIPT 2. Shows to wham,date and where delivered.. 350
SERVICES With delivery to addressee only 850
DELIVER TO ADDRESSEE ONLY 500
Q SPECIAL DELIVERY (extra fee required)
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL P GPO:1972 O-460-743
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LEGAL DESCRIPTION
The South Half (Si) of the Northwest Quarter (NW4) of Section 5 ,
Township 7 North , Range 65 West of the 6th P.M. , Weld County ,
Colorado , being more particularly described as follows :
Beginning at the West Quarter Corner (W4 Cor) of said Section 5 ,
and considering the West line of the Northwest Quarter (NW4) of
said Section 5 as bearing North 01` 18 ' 59" West , with all other
bearings contained herein relative thereto;
Thence North 01° 18 ' 59" West , along the West line of the Northwest
Quarter (NW4) of said Section 5 , 1328 . 59 feet to a point on the North
line of the South Half (Sz) of the Northwest Quarter (NW4 ) of
said Section 5 ;
Thence North 89° 51 ' 08" East , along the North line of the South Half
(Si) of the Northwest Quarter (NW4 ) of said Section 5 , 2641 .24
feet to a point on the East line of the Northwest Quarter (NW4 ) of
said Section 5 ; y )
Thence Thence South 01° 19 '46" East , along the East line of the Northwest
Quarter (NW4 ) of said Section 5 , 1321 . 78 feet to a point on the
South line of the Northwest Quarter (WI) of said Section 5 ; , 41
Thence South 89° 42 ' 16" West , along the South line of the Northwest
Quarter (NW4 ) of said Section 5 , 2641 .41 feet to the West Quarter y\
Corner (W4 Cor) of said Section 5 , said point being the Point of
Beginning . I
Said described parcel of land contains 80 . 340 Acres , more or less ,,, -
including a strip of ground 30 feet inwidth along the West line
of the Northwest Quarter (NW4 ) of said Section 5 , reserved for
County Road Right-of-Way purposes and is subject to any rights-of-
way or other easements as recorded by instruments of record or as
now existing on said parcel of land. .u■ ,
,, ,,.
�.Palle QER FR y.4.
/, P .
I hereby certify that this plat was prepared under my p viison ;
and th- the same is correct to the best of my knowledarvrcasa •s
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JASPER FREE Co rado P.E. & L.S . No . 4392 ":;��Mce••••••••
We , Dennis E . e and Billie L. Stuehm, being the sole owners in
fee of the above . .cribed property do hereby subdivide the same as
shown on the attached map .
Dennis E . Stuehm Billie L. Stuehm
The foregoing certification was acknowledged before me this
day of A.D . , 19
My Commission Expires -
Notary Public
Witness my hand and seal JJ►►
The ac ompanying plat isnaccepted and approved for filing .
C RMAN OF T RD OF COUNTY COMMISSIONERS
ATTEST: County Clerk . 5-
lcAlah
D d � ' 3 .. 7 6 I
4a Aft /975- /!o
aheet 2 of 2
\ ( C QL.O RA Dro'
WELD COUNTY PLANNING COMMISSION
O.R Sri-Et/deg'LO:.
1516 Hospital Road
February 20, 1976
Board of County Commissioners
Weld County, Colorado
1516 Hospital Road
Greeley, CO 80631
RE: Recorded Exemption - 186
Dear Commissioners:
The attached application, plat, and other related items are in reference
to a request by Dennis E. and Billie L. Stuehm, for a Recorded Exemption.
The parcel in question is described as that part of the SZ of the NWa of
Section 5, T7N, R65W of the 6th P.M. , Weld County, Colorado. Said pro-
perty contains 80.340 irrigated acres. The request is to split off a
9.023 acre parcel with improvements leaving the remaining 70.444 acre
parcel without improvements.
Based upon the information submitted, the Planning Staff recommends denial
for the following reasons:
1 . The proposed split does not comply with the Weld County Com-
prehensive Plan because it would promote non-agricultural use
of agricultural land and it would encourage urban encroachment
on rural land use.
2. The recorded exemption request is not in compliance with the
intent clause of the recorded exemption procedure (Section
9-2 of the Weld County Subdivision Regulations). Said clause
states:
"The intent in establishing the Recorded Exemption
procedure is to provide, in accordance with the
Weld County Comprehensive Plan, a means whereby
non-productive agricultural lands may be developed
for higher or more productive uses, in-so-far as
such uses are compatible with surrounding agri-
cultural uses in areas where such land divisions
are proposed. (Rev. 4/17/74)"
The agricultural capability classifications for the soils in this
area are not available from the Soil Conservation Service at this
time, but records at the Weld County Assessor's Office show that
approximately 79 acres of the parcel are under irrigation. The
granting of this recoded exemption request would allow for the
�� ,--\
Weld County Commissioners
February 20, 1976
Page 2
conversion of irrigated agricultural lands since a new set of improve-
ments would be allowed on the 70.3 acre parcel .
3. The recorded exemption request is not in conformance with the intent
clause of the Agricultural Zone District (Section 3.3A of the Weld
County Zoning Resolution) which states:
"Intent - The intent in establishing the A-I Agricultural Zone
District is to allow all agricultural and related uses in those
areas in which agriculture is and should continue to be the pre-
dominant land use. This district is intended to discourage en-
croachment of incompatible uses upon the agricultural land in
the district, to encourage agricultural uses as the highest and
best use of the land in the district as compared with other uses
in conflict therewith, and to provide for the orderly expansion
of urban growth in conformance with the Weld County Comprehensive
Plan."
The request would not be encouraging agricultural uses as the highest and
best uses, it would not be providing for the orderly expansion of urban
growth, and it would be breaking up a large block of agricultural land.
Res tfully su i ted,
�;1_ 1/
ilitill VA,
homas E. Honn
Zoning Administrator
TEH/pmr
Enclosures
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APPLICATION FOR RECORDED EXEMPTION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY :
LAND CODE : CASE NO:
T : S : 1 /4 : DATE :
LEGAL . DESC . APPR : APPL . FEE : 6 6-p, 0-0 174,54,
APP . CHECKED BY : ' RECORDING EE : $q„o
DATE SENT TO BOARD : RECEIPT NO . : r)7„0/ •
DATED FILED & RECORDED :
TO BE COMPLETED BY APPLICANT : ( Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described prop-
erty be designated a recorded exemption by the Weld County Board of County
Commissioners : LEGAL DESCRIPTION :
SEE ATTACHED EXHIBITS
ACREAGE : LOT "A" 9 . 896 Acres ; LOT "B" 70 . 444 Acres ;TOTAL :80 . 340 Acres
HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP-
ERTY SINCE AUGUST 30, 1972? YES NO x
FEE OWNERS OF PROPERTY :
NAME : Dennis E. Stuehm ADDRESS Ault , Co 8061oPHONE : 834-2388
NAME : Billie L. stuehm ADDRESS Ault rn RDhinPHONE : sln-21RS
NAME : ADDRESS PHONE :
WATER SOURCE North Weld Water District
TYPE OF SEWER Septic Tank and Leach Field
PROPOSED USE Family Residence
I hereby depose and state under the penalities of perjury that all statements
proposals , and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge.
COUNTY OF WELD ) C
STATE OF COLORADO ) O44'te' nac, c icc
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this m).-,pay of (1irf, ; ,,i' , 19 r>✓
SEAL (fl
Lr C_ ,f' . ,v
NOTARY PUBLIC !
My commission expires :
1 � l.D Cy
lCOLORADO‘
WELD COUNTY PLANNING COMMISSION
GT2E2:Ir' X,ic QLO;,
1516 Hospital Road
1/30/76
•
Richard Straub •
County Engineer
TO WHOM IT MAY CONCERN: -
Enclosed is an application from Dennis Stuehm •
for a Recorded Exemption
BoaThis item will be heard before the Weld County X1 XIX�JVd uxXxim mnty l onstoners
February 25, 1976 . If you have any continents or suggestions,
may we please hear from you before February 18. 1976 . The location
of the parcel of land for which this application has been submitted is
5% NW' Sec. 5 T7N RG5W
If no comments are received by February 18, 1976 it will be
assumed you have no objections and wish to make no comments with refer-
ence to either the granting or denial of this application.
• Thank you.
7�it / of /7h
Thomas E. Honn (jsm) •
Enclosures : copies of mylars
application
WELD COUNTY PLANNING COMMISSION
Q..'"'"-""'"'•..".,�+1 mo.'s-•-rn vD
Qk 17Lt Y,COLO,
January 30, 1976 1516 Hospital Road
•
Irene Nelson
Town Clerk .
Ault, Colorado 80610
TO WHOM IT MAY CONCERN: •
Enclosed is an application from Dennis Stuehm
for a Recorded Exemption
of Count This item will be heard before the Weld County 86FR�(dId(R�4�X��(�XODXx%X ��onloners
February 25, 1976 . If you have any comments or suggestions,
may we please hear from you before February 18, 1976 . The location
of the parcel of land for which this application has been submitted is
S1 NWq Sec. 5 T7N R6511
If no comments are received by February 18, 1976 it will be
assumed you have no objections and wish to make no comments with refer •
-
ence to either the granting or denial of this application.
• Thank you.
Thomas E. Honn Osm)) '
Enclosures : apol Ci ation
copies of mylar
,—. P ..--,
tiil,cc. l'.D:, COLIN.T�'.
It COLORA00, J
January 30, 1976 WELD COUNTY PLANNING COMMISSION
Q.R E.-tgvyCoto;,
Kent Ververs 1516 Hospital Road
•
Soil Conservation Service
2017 West 9th Street
•
Greeley, Colorado 80631 .
TO WHOM IT MAY CONCERN: • -
Enclosed is an application from Dennis Stuehm
for a Recorded Exemption
Board of County Commissioners
This item will be heard before the Weld County MIANAXAgxgxmobixtoo on
February 25, 1976 . If you have any conrnents or suggestions,
may we please hear from you before February 18, 1976 • The location
of the parcel of land for which this application has been submitted is
S'2 NW4 Sec. 5 T7N R65W
If no comments are received by February 18, 1976 it will be
assumed you have no objections and wish to make no comments with refer- •
ence to either the granting or denial of this application.
• Thank you.
1 omas E. Honn sm
Enclosures: application
copies of mylar
4
P. O. BOX 579 TELEPHONE:
303 - 834-1333
ROBERT C. BURROUGHS
ATTORNEY AT LAW
115 SECOND AVENUE
AULT, COLORADO
80610
January 28, 1976
Dear Tom:
I have enclosed the application for recorded exemption for Dennis
Stuehm.
He has decided to resubmit it. If you have any questions, please
call the office.
ar '
Robert C. B ghs
RCB:ds
1tt4 ]va&....P...uv
W,
ELD''OUNT L.
CoLOPADo •
��
WELD COUNTY PLANNING COMMISSION
G R B E.'L.E V.;C OLO,.
1516 Hospital Road
Robert C. Burroughs
Attorney at Law
115 First Street
Ault, Colorado 80610
Re: Dennis Stuehm's petition
for Recorded Exemption
Dear Mr. Burroughs:
This letter and attached documents are submitted as per your request
in a letter dated September 29, 1975. As you recall , that request
was to withdraw the application.
Please note that if the application is resubmitted with no changes,
there will be no new application fee. If resubmittal is comtemplated
with changes in the request, a new fee will be required at that time.
Also attached is the recording fee which will be required if a new
application is made or the attached application is resubmitted.
If there-any further questions please don' t hesitate to call .
Vru1
Y.yours,/
71 ; /
/` , , -
/Thomas E. Honn
I Zoning Administrator
TEH/pmr
Enclosure
taN
Weld BOARD OF HEALTH
W W e c( ounty Health Department
CLARENCE SITZMAN. GREELEY
FRANKLIN D. YODER. MD. MPH 1516 HOSPITAL ROAD RALPH AAR. GREELEY
DIRECTOR GREELEY. COLORADO 80631 CATHERINE BENSON. AULT
13031 353.0540 ANTHONY LEMBACH. GREELEY
DAVID WERKING. DDS. GREELEY
TO WHOM IT MAY CONCERN:
The Soil Test for the following Recorded Exemption has been
approved by the Weld County Health Department.
Owner:
Address:
Location:
�yy !# � /-\ 6L�
•
a ,v
Glen E. Paul, irector
Environmental Health Services
GEP/hv
BOARD OF DIRECTORS ' �
ERNEST TIGGES, PRESIDENT �- -' NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH. 1ST VICE PRES.
ROBERT ALKIRE. 2N0 VICE PRES. �� 4. HIGHWAY 85 LUCERNE. COLORADO 80646
M. C. WIDMAIER. TREASURER 2:1r/_ R& a� 4. Lyle D . Nelson
TOM REED. SECRETARY �I Xc
P.O. BOX 56 - PHONE 356.3020
August 15 , 1975
TO WHOM IT MAY CONCERN :
The North Weld County Water District is serving water from its distribution
system to Lot A of attached legal thru a water tap # 55 and will serve
water to Lot B providing the tap fee at time of application is paid at
current price and any line extension required to serve property is paid
in full by applicant .
This property is now owned by Dennis E . & Billie L . Stuehm , Rt 1 Box 188 ,
Ault , Colorado and is located in Section 5-7-65 .
THE NORTH WE COUNTY WATER DISTRICT
LY D . NELSON , MANAGER
LDN :wb
WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STAIE OF COLORADO )
COUNTY OF WELD )
The Security Abstract Company TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it has made a careful search of
its records , and finds the following conveyances affecting the
real estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
. The South one-half (S 1/2) of the Northwest quarter (NA-) of
Section 5, Township 7 North, Range 65 West of the Sixth (6th)
P.M. , Weld County, Colorado.
CONVEYANCES ( if none appear, so state) :
Reception no: 1612557 , Book 691
R ception no . 1631457 - , Bcok 709
Reception no . 1632716 , Book 711
Reception no. , Book
Reception no . , Book
Reception no: , Book
Reception no . , Book
Thi2 Certificate is made for the use and benefit of the Planning
Commission of Weld County , Colorado.
This Certificate is not to be construed as an Abstract of Title
nor an opinion of Title , nor a guarantee Title, and the liability
of Security Abstract COMPANY
is hereby limited to the amount of the fee paid for this Certificate.
In Fitness Whereof, Security Abstract
COMPANY has caused this certificate to be signed by its proper
officer this 11th day of August , A. D. 1975 , at 7 : 45 A.M.
o ' clock.
Security Abstract Company
COMPANY
By(1,24:71)- -
rc �rra1r
AUTHORIZE!' SIGNATURE
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t;, r'" R«o^dsaae.. .. a rucloeL Id,..._ 973fr W ra a � -pi=N _..Ib.1L JJ.7...._ _. t `+L'i8eeerd S r +1
" )5 •'Ft bf � _�_ _— RECORDER'S STAMY
'F.,,,� t ! t Tills DEED, mde thin is day of May , .St
[ "�� 1873.between GEORGE B. MORNIK and ELSIE MORNIK >^ -,
,a+ I _
ISlot. Du,.urnenr: y Fee
Date .MAY 31973. I
ee
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_ of the Colmar of Larl mgr `•S
and Stab of $ Q"---'
n Colorado.of the first part,and -
ai JOHN D. WEBER and OLIVIA 8. WEBER
•
NI of W County of Weld cad Stab of Colorado,of the aeeond pert:
/ '-i W ITNESSETH,that the wild pert l es of the fin part,for and in mnsidnretioa of the stun of
one hundred dollars ($100.00) and other valuable considerations A1D)IIiA 44 a
s
`r to the said part I es of the first part In hand paid by the said parties of the second part,the receipt whereof Is H
'` hereby ronfeued and acknowledged,:.eve granted,bargained,sold and conveyed,aid by these presents do
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grant,bargain,sell,convey and confirm unto the sell parties of the second part,their heirs and assigns forever,not j
i.< I^ in tenancy in common but In joint tenancy,all the following described lot or parcel of land,situate,lying and 1 f'..
being la the County of Weld and State of Colorado,to wit:
• e
J.
P m.: The South one-half (S 1/2) of the Northwest quarter (NW 1/4) of Section 5, _'`
n X` Township 7 North, Range 65 West of the Sixth (6th) P. M.; together with one /{FJyr
- share of the Capital Stock of The Water Supply and Storage Co. and one share
of The Collins Ditch Company; including in the above grant a strip of land
n along the entire westerly side of the North one-half (N 1/2) of the Northwest
quarter (NW I/4) of said Section 6 containing an existing concrete irrigation
� lateral, the centerline of which is parallel to and distant approximately
, flA.¢ thirty-four and one-half feet (34-I/2') eas• of the west line of said
Section 5; together with rights of Ingress and egress for the purposes of
a • mat nta lning, repairing and operating of said irrigation lateral; also con-
,. 4', veytng hereby all of the right, title and Interest of the grantors herein
in and to a perpetual rights-of-way and easement over and across the SW !/4
6 +' ' of said Section 5, as recorded in Book 889 Page 168 of the Weld County
R or records.
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t TOGETHER with ell and singular the llereditaments and appurtenances thereunto belonging, or in anywise 1�
appar[:Juing, the reversion and reversions, ramnlnder and remainders,rents,'soave and profitsihoreaf{and all the � ;[,
tatate, right, title, Interest. laim derest, c and demand whatsoever of the said peal es of the first part,either in law or
t ` equity,,f, in end w the shove bargained p rmheY with the hereditament*and appurtenances. I�il
i f TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenantea,unto the said II ,421 '*I' parties of the second part,their heirs and assigns forever.And the said part Ies of the first part,for them-sill e � selves ,the i theirs,executors.end administrator,do covenant,grant,bargain and agree to and with the
�.r„ ass,, said parties of tire second part,their heirs and assigns,that at the time of the.ensesling and delivery of these prey i1
y3f. ": cries they are well felted of else premises sieve conve)ed, as of good, sure, perfect. absolute and indefeaaiLu II
•1 i, :slato of inheritance,in law,h mn l fee splt,and have goon right,full power and lawful authority to grant,Lac- I,
lc'- gain,sell and eausey t.e same in manner end form aforesaid,and that the same are free and vkar from all former
and other grants, bargains, ales, liens r,assessments and enrumoranrvs of whatever kind or nature soccer.,
•F except subject to 1973 taxes payable by said parties of the second part in ie
19711; and also subject to easements, restrictions, reservations end rights-of-
�" y' way of record, if any, . • .
w and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their {I
h` heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, I.
+( the said part Ies of the first part shall and will WARRANT AND FOREVER DEFEND.
r• IN WITNESS WIIEItEOF the sad part I es of the first part have hereunto set the l rbands and I �`
seals the day and yrwr first stave written.
J // 11 1
Signed,Sealed and Delivered in the Presence of _ .'J1.swr'1'1L. �tr', tA.,_-[SEAL; I . 44 '
xr,,,
- George B. Morn 1k
,.4 7 ,I kst;.• r,+ n.; ... . Elsie Murnik II
rr h
n..
STATE or COLORADO. "^
Ira u, 167 C I
aW k"f;:vl .[� County of Lorimer I .,,40,
n I y The foregoing Ioatren..nt was acknowledged before ow this I a t day'4- bin •u n
•
1073,6ye GEORGE B. MORNIK and ELSIE MORNIK , '4_, . 0: {{
'• Wt fl air, ra
..t.'}5. I My commladon eapiras October 19 ,W 76 Witness my hand and official aialj s ,'♦ 0 It• I
',dy I p^� gg r.
teas s P o II
,rL__N
•e1.Alape on pee"Nei hereTamar.law ynatoni oW141Y Co..IMeg seats OKA peaty,Colorado r.ts en____
{
elm by meal parson or t parsons hare been news or mimes if by parson acting in representative official capacity or r-
c &tines in far a tern me o Dame or pence executor, phryoymer m reel other rapeeltr des risteo:if by off-er re - `
Actas MLJVrae insert
ieal nmu e 9 f Colorado of officerMalawi or f c r'uea dig g deal or ether°Mein of Nak commuter,Wolof rt--lrMelerg .so •
eA
p
'r
i-:/ ,I
it
4
r •
L
'I
I I
Ir
1{
r
r
t r d
•
000999
$ toy �1v e I
sica skis w h -s1 . S E
>l. e eta iS,Y_, '' .nc•.e .L.fiwu . ^ .14411 '. A
•
aaa e! ....r
Rae. Ns. 1631457 S. tee Shah.; k., Rene '
7;. -..1%3 -de.aY.A., xa i tom. '.siai ik33e}Jnt11 -'' ,-f .r
ACt g24
.�w o MO Resoled u 41 'S0e4mel .A.r. SETT-JP eooK15 MCC !Ur)
��ti N - 709 I nuoa a__[.>< 0SL- - (Lms? �(a
• y7y
rii;r-,!
';t.` , I JOHN D. WEBER and OLIVIA B. WEBER ""� I :l
4, a s I
za t ?.._; au.-as is Fort Collins ( e
as®b of L,tiatr ,sad State of VW ssRR�811B1 Or
CS SEP 241973 171
,for tie seadderatiea et
3 #__` ;
TEN (=10.00) -Dollars,la Wed paid, ,
- enhereby sell(s) ad melt claims) to
•-t JOHN D. WEBER and OLIVIA B. WEBER, in joint tenancy,
,^ w►am.addresis For: Collins,
County of Latimer ,sad State el Colorado �li8i d.'
n an undivided one-half interest thereof, and to DAVID C. WEBER and LILIA V. EBER,
a. .sr.fl •
.1014011RK8g�Mct
in joint tenancy, whose address ix Port Collins. County of Lariner, and State
-. , 'a of Colorado. an undivided one-half interest thereof. the following real property t
in the County of Weld and State of Cp}orado, to-wit: o
O .!.ar i
�I The South one-half (S 1/2) of the Northwest quarter (NW 1/4) of Section 5,
Township 7 North, Range 65 West of the Sixth (6th) P.M.P.M.; together with one
share of the Capital Stock of The Water Supply and Storage Co. and one share
'' i2 of The Collins Ditch Company; including in the above grant a strip of land •
y along the entire westerly sWe of the-North one-half (N 1/2) of the Northwest
quarter (NW 1/4) of said Section S containing an existing concrete irrigation
','04.
4 lateral, the centerline of which is parallel to and distant approximately
i thirty-four and one-half feet(34-1/2')east of the west line of said
„x:1 Section 5; together with rights of ingress and egress for the purposes of t
maintaining, repairing and operating of said irrigation lateral; also coo-
1 veying hereby all of the right, title and interest of the grantors herein
in and to a perpetual rights-of-way and easement over and across the SW 1/4 •
r, of said Section 5, as recorded in Book 889 at Page 168 of the Weld County
records.
7
(Confirmation of title only, no cash consideration.)
with an Ib appse'-n, sibject to existing encumbrances thick grantees assure
in proportion to their interest in the property.
Bigasd this 21st dy d September al 73
'_7; 'K fIN D. WEBER
�I t
OLIVIA B. WEBER
..ti
sun Or OOGO31ADo, l
le►
Osaasr et Lavine _
We teneolag iaatromsat was aekaswledeed balm se SS 218
q r My d September . 1873 ,b JOHN D. WEBER and OLIVIA $, WEBER.
expires March 10, 1977.
` aed etlMlslsaeIIli
eme a I pp O ''
ing . I i _�dPtlid{� >‹ �eYe�
4 O ' NSF wet
aeaame► ,. ,$ti e ,.91 .....- ...,y. ++MR items
.11
.,—w b it ,,se Mt esai 1v.p a • ""tom
•
II `. Cd I11- Reception No.... ..i.6.i2i.di6.... ... _. f.4R Yetiit NL _lendv. 1;
/Jr _/.. _.�.__.._ ._sees___...
REOORDER7 STAMP —.r t`'
u j Tins Duo, Y.detkle tw_ntiath Bayed February 1
I
I to i4 between DAVID C. hPLER, LILIft V. it eta awl
.d JvNi D. lo, u
WEBER 4
4 , i ' '
• n, 0• Dab Documenary Fee
,*„.„1.P;,,.° MAR 2 6 19]4 •
•`�a"4'ti eD d the County of Lorimer and State of Dow_ •r Colorado,oft efledpast,and DENNIS E. STUFJH sod BILLIE L. $ 9 OO
tar STUEFM
to '
•
. i I-I
4" —
•-' s .r p.i of the Contra Larimer are State of Ooloredo,of the second part: •
;'f: f: t •
WITNESSETH,that the said part of the flnt part tar ad a ogpW.rauan of the a®of
o other valuable consideration and TEN ($10.00) DOTan S .e
1e •an
o to the said partied of the tint part a hand paid by the said,.riles of the second part,the receipt whereof is 0
' o hereby conferred and acknowledged,ha ye granted,bargained,sold and eoaveyed,and by these Oneonta do 0
-.{ o grant,bargain,nil,convey and confirm onto the maid parties of the second part,their heirs and amigos forever,sot 0
3 '} ' in tenancy In eomwa bat a Joint tenancy,all the following d.sermed lot or parcel of land.situate.Wog and
baths a the Coany of Weld :and State of Colorado,to wit:
a•: w The South one-half (If) of the Northwest one-quarter (1) of Section 5, Township 7 .o
ci North, Range 65 West of the Sixth P.M.; together with one share of the Capital "1
`: Stock of The Water Supply and Storage Co. and one share of The Collins Ditch
Company; including in the above grant a strip of land along the entire westerly
side of the North one-half (Ir) of the Northwest one-quarter (.) of said Section
containing an existing concrete irrigation lateral, the centerline of which is
';',O1'-'.•
f " ' parallel to and distant approximately 341E feet east of the west line of said
Section 5; together with rights of ingress and egress for the purposes of main-
'° taining, repairing and operating of said irrigation lateral; also conveying
hereby all of the right, title and interest of the grantors herein in and to a
perpetual rights-of-way and eadement over and across the Sit of said Section 5,
as recorded in Book 889 at Page 168 of the Weld County records.
' TOGETHER with all a singular W herd wa itam anda eared=
thereat. belonging, or eay
f, I",• d sown:Ming, the reversion and revereaas, remainder aced remainders,rants,i.nowl end profits thereof:and as the
estate. right. title, interest, claim and demand whatsoever of the sold parties of the fint part,either in law or
• • t equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. t:
•'f • r TO HAVE AND TO HOLD the sold premises above bargained and dinned,with the a➢purt a con.into the end
`gi@
parties of the second part,their heirs end assigns forever.And the said part ies of the first part,for them
• set yes theilb.ire,executors,and administrators do covenant,grant,bargain and agree.to and with the
maid parties of the second part,their help and assigns,that at the time at the and enameling delivery of these pros-
, 4 ens are well seized of the premises above conveyed, as of good, sun, perfect, absolute and Indefeasible
estate of inheritance,in law,in fee simple,and have good right,full power and lawful authority to grant,bar-
gain,set and convey the same In manner and form aforesaid.and that Si same are fres and clear from all former
i _ and other gran bargain.,sales,liens,taxes, ee aeumeaS and encumbrances of whatever kind or nature soever.;
0 G except unpaid balance of indebtedness secured by encumbrances held by the
Federal Land Bank of Wichita.
. ,
ll� and the above bargained premien in the quiet and peaceable poundoe of the said parties of Si soared Part.their
belie and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof.
' ' 1 the said part ies of Si first part shall and will WARRANT AND FOREVER DEFEND.
+ IN WITNESS WHEREOF Si said part ies of the first part ha ye hereunto setheir hand 5 and
�, f' d seal s the day. year first above written. {
' `. tel
Siped.Sealed and Delivered a Si Presence of .r.'v.._? "`�" ]BEAU
J�tt` D.D. Weber
• it : :; .... Li' iI u y, Wes WA:see t __..—SAL) k
STATE OF COLORADO, I Davideber
Owayof Lariser J
St
i +
The foregoing Instrument was acknowledged before me this twentieth day of February
is 74,ye John D. Weber, Lilts V. Weber, and David C. Weber.
�
tj ;', My esmmlrbm mryires September 10 .1g 74.wlas my Mod /
1J �M� p lt�a 1 .v
1 Y �i wren VMS
1
f
No.art.wawaan soap-Tspersons
r.e lis ,Mere rawame.Cs.i Islets Stoutctl.sg I npnamn enlnlve or oe
I If by natural portion or persons hers beer{Mu a sad Mn.e.:If ben yeteon rut I t rtipnsenenve ken uttt b r Greer or t.
atWreor tn•fncl, then Myatt Mme or person n cult.. • 'nay-la fall or omur ea,,f jo- or aueeflpVln.m*al Intl.� i Itelvlown
pomlou Own Insert name s•
Nth officer or officers as the residen{ r other ufla re f ran h corporal ,o
, { Am owleao erel,tow III 1 Colorado Il vMeA Statutes IS
II .^.^� ,. ..r. Irv.m ...♦ el .:. Yl"'M'T�M1t ry Mrs I.., ., i i ; .:1� , . . IS
.':,T ilioSTIONESIIIISMISIMIltalleallIIIIIIIISIBIIMIE
>e- ✓" J4 MAY 3 1914
• c; tOCIt Retarded at. .o'eixk__ ...M..—.._._ _.._______�_ r .
P !14 R4nPt:oe Ne...._.... &a�aal. s.9 �.._._..........__S. LSE k�EHE6 JN.'Rrader.
..�. RECORDER'S STAMP
y , ' STATE OF COLORADO, 1
•
w. 1 LARDER` County of
O•
'" ''r In the matter of the title to SUPPLEMENTAL AFFIDAVIT.
rn
real property in joint tenancy. Y
r
1ipi ', tn ARDIJR E. MARCH ,being find duly
r .7
n
'.' r I sworn upon oath,deposes and says„that be la of legal age and bee personal knowledge of the
•
•004r.-..............vale t& w.'.-”..S`L?iih ..
!-B.-BEREA . .... . . . .late h ame p enoriOt!
w' i"1rt ASS
"4 ;'� a WEBER
referred to in the attached copy of the Death Certificate, certified
Local
' "JJJ to by the State Registrar of Vital Statistics of the State of Colorado, on the 14th day of
i"` ! November ,18 73 , and was at the time of her death on the. 12th day
,r • ;LI October 73 JOHN D. WEBER
of , 18 ,the owner in joint tenancy with
- it of the following described real pro rty situ Te i� the County of Weld
to:
tadiv�dod cite-half Qs) interest in and to:
The South � of the Northwest It of Section 5, To'aiship
-n and State of Colorado, to wit,
0, , 7 North, Range 65 West of the 6th P.M.; together with one share of the Capital
t', Stock of The Water Supply and Storage Co. and one share of 'jhe..Collins..Ditrh '
r'•',',.; side of the North g in li ofhthee Northove weesttquarterpoffsaid dSection 5e entire containing,anrly
existing concrete irrigation lateral, the centerline of which is parallel to and
t distant..approximately...34b..ftet.oast..nf..tbe..welt..line of..said.Section..S;-..together
t'; with rights of ingress and egress for the purposes of maintaining, repairing and
i s : operatin of said irrigati}on..lateral.;..als�a..conveying hereby..all.of..thc r>fght,
title and interest of the grantors herein in and to a perpetual rights-o -way anc
t
' easement over and across the SW14 of said Section 5 as recorded in Book 889 Page
And that he has no record interest in said real proper 8 of the Weld County Records.
S
—7
t� :.tom /
o , ",i. ,g4 Arm E.
daY Marcofh April 74
t.. : �4._ th
rJbOtj and sworn to before me this ,18 �,
IP#O mlhibtlWimYwlhr 1V$11
i‘40ibtRY t• r.
^i
lN i U
A c�tjtoissIon expires
h
in
r i No.984. M..Ill. SUPTLSMSNTAL arrlPaVIT—la J.bt Tenon. BMIuS eltlalalaira Iee4N lint Stmt Wirer,G.W`'W..
Y7 FTC t ^ _ I . '
•r
' '
.4•.?t 9�r i} I .. 1. , ll, { r
',rte +. : )
} • ' I J a t t it 1 } �
e...,,,,. , ,...:.,,,.., ., ., ' .l
n
. , r
0 1635769 r-.
..
• '714 .?-z '
STATE Of COLORADO
` u " 132-270 CERTIFICATE OF DEATH
�-2. °• -� . ....... alma...ea co. 111 .......[...... .r,
' of c.wl[D-w•W '•-^ -•.` `••' [U IO..(Or oaTM
' I,tA1 pP 5 Olivia' Burness WEBER [Female I, October 12,1973 c-
c [, i -.•:”...7.7..-- --a—..w—. hii.ii:: .. w-...o w•a. •v.•' DnT or stain�., .... COUNTY D.DUT,
',bite ,!. 70 1 .. I ,pril 1O,1[lOy Inrimor
. - IY TO.w OO aOCwTlu7STu(i1« YM OTY.M I[ 11ViY111L 0M Vtni M,MLT.TV I.O,-M•,T
1,, Poudre�ralle Memorial Hospital
A For:, Collins >, Yes .w ,,. y P
[L • .T O.km. •xr.v.....— Cl[a[M 01 h,T LOW T. M.vnl[O.M[vtRY.[Y,[D w.Y,YWO LOV " •wv An'..".. .t)
I
Y1p040 WVOMCCJ.ras ry
(MS °1,/.,,}1 • — ;o'orado •. U.S.A. ,,. Married TI, John U. Weber •
It
`'�''II^,•41 ..c..[2cunn wDMYu uw•.Occua::µn . —..tons.w.....w...• LMlAor wwwaw a,«DV[TUY •
k 4$'1.•
1........... . - H" �::":. •
fRfL521--ITATI 6 �I, Rot, red- Homemaker lw. r
r [Yoewe( [T•n I eowTY em.To.w D,Loeulw , -••� •wa tone. :b.'-T � {'.,``+
.' . ./.“)..1 „ fer51'01;d1,it Iri; lrimer 4 41Ir.Fortr-Co33 nu•• . I... No 1,..4612 E.Co.a:453- C. •t
IISAMU S ion.%YY[
- , Burns Hulse ,.. Clara Y.usse:_na .
.,T .. o •«T_w..(B. Weber
....a........ ! 11[ uM etc d.o wuLwc . 458 Ft . _ .,_- ( ,
•,y$r6`k• ' .,nee D Wol)er Husband n.4612 L•',CO.itd�5a—Ft.Col' ir •..J • I.,
r L V6a,, 1. I[>
lu Lr... �.� �AU..'NV� 1../1:...1 ��:/ � .� •!
."...•.
j• /
' .• OT (M YG P TCO T .owr........ �;•jl .n.• • I • __ ,,
(. • c c((•1.W GO( «W • DATA.MW.OI meal w.WOW
4. 14�{6'Al ; Al 'e:
a :t' ' •,.::.[• PL.C(OP ..Ju• tnM'.n•••••..... LOC*T,OM .........a.•.w. on..... ,I
Jlb ..•
K.• MI.
kl t . c ar nc'T.owP.u.n a.. .2 —/2^17_.. 10-12x1993......... . .... •CL1
� on_[ 5.� .�.•. — . .. at 0 CIOaM1... 0«ouwc}o o[•o • , t. f
S eDT oiern uvTIL( -
C" ""O I. •IM�a [I. Y•1LV10•DDi[[[ uw•..x r..e. • • 1
a- "•Beebe. .,. 0„605 So.College-Pt.0alit-s o .. ..
• 71 • / - Mi•L.C.[Y.TIOM.L[MOVL•-•w..• C[w[T(YY Ow CY[M•TO(Y-Mint I LOC.TUY • • -^
[n J[.grh. H •nary 0•T AL /•'f•.'4 tort Collins,uJ .- •`7'11, a
- 'bct. 16 -••1973 a0.far rn ranera�. GE4eT-.mil".le's Jliv+ Ft...�
�•-�,c1y.TDi�r y// f Lct.0 Mo. .LOauun./YO« ' \
_ + ,; T,.. //,rP . //t /I Pi, 44-t! 852 x..R,44, ! 1'=S�.La. �.�:r. Jet.. ., - 3 a
0
Ito t"g , ' #
i
)jI her` 12 ftlgss"'p1`o `Dove is a full, tun and.COrrat copy of tworf.r ; r,. :c;.cr.: o>~ "!s in ay custody, aad asp oa Ells im my °fiias,lr i , N r �tii ^«.tact` tficial s!� at Port Collins, Colorado this m pt
> Vl� S$ d yof 1. D. 19 'S^4wQ?".11-11=‘..;
�` \ sSag*�et f < Local $ !a t•r o: Vic a. .. -.;.
' ' Not:ictsl29-132 Lari:aa Ccuuty-Color.:6o
.L ,' t -..Yr.T'.1IF •.'.^.A....%'waa..r•...vrw.aw[•�wxlr7., "*£''®7+?'77a.>,. ... :•ynp,llq�T�'•P.•enz . .•..*pq [�,.`.
IT ..?•5
.w .iA VA ILA y41, rr (� T d
j,(1 y f { f C•. A l(
•
�r T� t � , ', •M ;II
. 7 "• ! 'I r '. 1 r
t4 '. t 7 d.1 Y 11,4441('(;'. r J"` '3 1 I Y�J 1[ • • H i P 1, r I , 4
. p�llla [ J . r i l..
jk..y' vl 1 .• 1 1 IP � �
' a 1 ' t.,,,./... ,,, ,,* y�A • 1 , rl! Y°rnasy( 1 A t ,J
T .✓j.`vt - r ()W , �[. 1 a e+i ,� r,. !€' j r , iI 140
, T e . 1T
4.: W .. b y 1 r, , 14N r/'r•TMa"1 414 144 l''esk rJ ,. r y.0- x44 Pi. 4/
r A•�'r.. L `, ' •
01 •[. i4 aF' �f�4�,{ w41. l j a/w.„ ryp.4'' ya'.�3 . '.Ayy. m�iil irk kA[l. VP' ?1 u.�'J 1 y?• . . 1 '
,.•:9i.....a i,:t'''-a 5 s uN '.l.It .' kit'', •+'lMh 4, f,'," „,'. ,716 f eAr i , v..,C, J s' 'el.,.... , .4
•
TIMIIF
9vko
-- OCT -2 1974
r � I tbewdd st was; H --_. 'i.; e,
1645892 r ,
s7r,y Mkt .F• -/ ?
ost
"las Dan"e Z4
Form 17 STATE OF COLORADO y�
Bin'7/71
DEPARTMENT OF REVENUE r'.
INHERITANCE TAX DIVISION
IRELEASE OF DIIWLTSTANCE TAT LIEN
o Ef4
,lam Emma Olivia B. Weber aka Olivia Burnes' Weber .
Y, c ..
D et TSh _October 12. 1973 ;•
ri ate
- ?I
Gran Estate $
of 75 Zt R8 �
' h1 .4V
A It appearing to the Executive Director,Department of Revenue,that it la not necessary i
' N to preserve the lien granted by the Colorado inheritance tax law against the hereinafter
described real estate, in which the above named decedent had an interest, by virtue of •^" "
" " the authority vested in me under the provisions of Sec. 138-3-61,CRS.,1863,I do hereby I-°.
forever release and discharge the inheritance tax lien against the following described real
estate,to-wit: it interest in and to the Sh of the NW} of Section
Pi 5, Township 7 North, Range 65 West of the 6th P.N., to- `
`i' gather with one share of the Capital Stock of the Water s� .
Supply and Storage Company and one share of The Collins '
c Ditch Company; including in the above grant a strip of
• j land along the entire westerly side of the North 1 of the . {
Northwest } of said Section 5 containing an existing
concrete irrigation lateral, the centerline of which is
C..1 parallel to and distant approximately 341' East of the
!! West line of said Section 5; together with rights of
ingress and egress for the purposes of maintaining,
repairing and operating of said irrigation lateral; also ea
conveying hereby all right, title and interest of the
— I grantors herein in and to a perpetual rights-of way and t
easement over and across the SW
� of said Section 5, as
recorded in Book 889 at Page 168 of the Weld County
Records. Held in joint tenancy with John D. Weber. l4s"'
X41
,
4
r k
Dated ot Daa ar, Colorado,
/7,e e____.
s".F,,: Executive'Diirecto(
-:A sy --
CCIA Il.r_TMM Seams malt be asar+d r Sr Ma•es Midi ad ....ales al en wary la lialaa Os t
awa+r le OS. - •
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
2017 West 9th Street, Greeley, Colorado 80631
SUBJECT: Soils Evaluation - Residence, Septic Tank Filter
DATEFebruary 11, 1976
Fields for Dennis Stuehm
To: Weld County Planning Commission
1516 Hospital Road
Greeley, Colorado 80631
This is in reply to your request for a soils evaluation on the all in
NWT; Section 5 Township 7 North Range 65 West of the 6th P.M. ,
Weld County, Colorado.
Areas marked 53 on the accompanying map are Otero soils which are deep
sandy loams which pose no restriction for home sites or septic tank
filter fields.
Areas marked 17 and 56A are Nunn soils which are deep soils with a
heavy clay loam structure. These have a moderate shrink-swell potential
which could require extra reinforcement for foundations. Their slow
permeability requires extra leach lines for septic tank filter fields.at to inches d
yas drpe 43 are Tpmentufor which
excavations,bedrock also0has limitations tionsnfor
may need special k equip
septic tank and filter fields because of shallow bedrock.
The soil survey is made on the basis of 50 to 0ainchoborings. This
is
information should be used for general planning purposes.
the need for on-site investigation for specific engineering per p
(ICJ e/a(4/14-1
W. Kent ervers
Diatrict Conservationist
cc: Dennis Stuehm
, , ".
7 \�
RECEIVED 1
.. '. ..iy
' � v
43 -6
53 -8
s6/4 -3
7-9 SCALE: P IA4JLS
S3-/c
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To Planning Commission Date Februar 17 , 1976
COLORADO From Dennis Stuehm
subject: Recorded Exemption
Any new access on County Road 39 would involve irrigation
ditch, etc. All existing accesses are approved, except
at south end if a 60' approach is used prior approval will
be required.
Indications are that an underground irrigation pipe line is
in front of existing building.
L—
(/ i man E. Olson
mfm
r: cot_
)
STUEHM..'-ENNIS E. —RE-366-
S1/2 NWa 5 T7N R65W 80.340 Acres
Referrals:
/__70$ County Enineer
7,12?, Ault Town Clerk
/4/75 County Attorney
County Health
00k)b Soil Conservation Service
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