HomeMy WebLinkAbout1.0 ApplicationJUL-10-98 FRI 03:38 PM BEATTIE CHADWICK
STEVEN M. 9EA7T1E
GLENN 0. CHADWICK
1CAAENJ, SLQAT
Kenneth L. Elder
612 W. 29th
Rifle, CO 81650
FAX:970 945 8671 PAGE 2
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
710 COOPER AVENUE, SUITE 200
GLENWOOD SPRINGS. Co 51601
July 10, 1998
Re: Access - David and Ruth Sante
Dear Mr. Elder:
TELEPHONE (970114S-8354
FAX (Nn) 945.887Y
1 represented David and Ruth Sante in connection with their
purchase of property from August Jewell, I understand from the
Santes that you claim they are not entitled to use the road along
the south side of Elder/Jewell Subdivision Lots 1 and 3 to get to
their property. 1 believe they do have a right to use this road,
based on a review of their deeds.
The Santes purchased the NW} of the NE`-, of section 34,
Township 5 South, Range 92 West of the 6th P.M., by Warranty Deed
from August Jewell, Alberta Jewell, and Edith Jane Jewell,
recorded on September 5, 1997 in Book 1032 at Page 671 in the
Office of the Garfield County Clerk and Recorder. Their deed
provides access as follows:
"Together with an easement for access and utility
purposes described in deed recorded November 13, 1996
in Book 999 at Page 531, in the Office of the Garfield
County Clerk and Recorder."
The November 13, 1996 deed (on which you are one of the
grantors) describes the following as the access to the NE' of
Section 34:
"Together with an easement for access and utility
purposes from the county road to the above described
property being thirty (30) feet in width and traversing
as follows:
"(1) along the southerly boundary of sWi SWC,
Section 27; (2) along the southerly boundary of Lot 3
and Lot 1, Elder/Jewell Subdivision Exemption and
northerly line of Antlers orchard Development Lots 5
and 6; (3) along the centerline between Antlers orchard
Development Lots 5 and 6 and 11 and 12; and (4) along
the centerline between Antlers orchard Development
Lots 12 and 21."
Ju!,, -IU --9 Phi BEATTiE CHADWICK
Kenneth L. Elder
July 10, 1998
Page 2
FAX:970 945 8671 PAGE 3
1 plotted these routes on the Monumented Land Survey of the
AWR Sheep Company Property prepared by Sam Phelps, dated July 15,
1996. Parts (1) and (2) of this route connect directly east from
County Road 259, along the south edge of Elder/Jewell Lots 1 and
3, to the northwest corner of the Santes' property. Mr. Jewell
told the Santes that this was their access. The Santes have
improved their lot in reliance on having access to the northwest
corner of their lot. The deeds contain no limitations regarding
the uses or scope of this access.
It is my legal opinion based on the recorded documents that
the Santes have a right to use the road along the south side of
Elder/Jewell Lots 1 and 3 for access and utility purposes,
without limitation, for any permitted uses of their property.
Copies of both of the above -referenced deeds are enclosed.
xf you have other information about the Santes' access which is
different from my information, please let me know.
Enclosures
pc: David and Ruth Sante
Yours very truly,
enn D. Chadwick
Dianne L. Middleton
10 July 1998
Planning Commission
109 8th Street
Glenwood Springs, CO 81601
RE: Sante Proposed Special Use Permit
The purpose of this letter is to inform you that Mr. Sante' provided false information regarding
access to his property and the proposed logwork site .
The warranty deed provided to you by Mr. Sante and signed by Mr. Sante reads as follows:
TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITY PURPOSES
DESCRIBED IN DEED RECORDED NOVEMBER 13, 1996 IN BOOK 999 AT PAGE
531, IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER.
The Quit Claim referenced in Mr. Sante's warranty deed defines his access as follows:
TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITY
PURPOSES FROM THE COUNTY ROAD TO THE ABOVE DESCRIBED
PROPERTY BEING THIRTY (30) FEET IN WIDTH AND TRAVELING AS
FOLLOWS: (1) ALONG THE SOUTHERLY BOUNDARY OF SW /4 SWI/4,
SECTION 27; (2) ALONG THE SOUTHERLY BOUNDARY OF LOT 3 AND LOT
1, ELDER/JEWELL SUBDIVISION EXEMPTION AND NORTHERLY LINE OF
ANTLERS ORCHARD DEVELOPMENT LOTS 5 AND 6; (3) ALONG THE
CENTERLINE BETWEEN ANTLER ORCHARD DEVELOPMENT LOTS 5
AND 6 AND 11 AND 12; AND (4) ALONG THE CENTERLINE BETWEEN
ANTLERS ORCHARD DEVELOPMENT LOTS 12 AND 21. (copy attached)
I have attached a map indicating with "arrows" Mr. Sante's legal access route which clearly
shows the additional roads and turns he would be required to make. The insert on the map is a
reduced copy of his proposed layout of his property and the need to cross the culvert.
I am asking that you consider denying Mr. Sante's request for the following reasons:
1) ACCESS WAS NOT PROPERLY PRESENTED
2) STREET IMPROVEMENTS ALONG LEGAL ACCESS ROUTE NOT ADEQUATE
See Zoning 5.03 (2)
3) TRUCK TRAFFIC TO & FROM SUCH USES COULD CREATE HAZARDS OR
NUISANCES AS A RESULT OF HIS
a. need to pass four additional property owners
b. need to travel across two additional narrow roads, both with TIGHT TURNS
See Zoning 5.03.07(2)
TRAVEL ACROSS THE CULVERTS CURRENTLY IN PLACE, AND THE ONE MR.
SANTE' WOULD BE REQUIRED TO BUILD, WOULD ADVERSLY EFFECT
CITIZENS OF GARFIELD COUNTY SHOULD ONE OR MORE BE DAMAGED BY
YEAR ROUND TRUCK TRAFFIC. See Zoning 5.03.07(1a) Industrial Operation
Most importantly upon making your decision you need to consider the following which
considering the items address above will not be met, which is:
5.03.12 — A basic finding of a safe access route must be made by the Board of
County Commissioners.
I hope that you will consider these issues when making your decision. I intend to be present at
the hearing scheduled for July 13th at 3:00pm to discuss these and other concerns in hopes that
you will find Mr. Sante's proposal not suitable for the area and deny his request.
Thank you,
�P
Dianne L. Middleton
$00991 N -A99 F—S3. .' 1 / 13/ f 1190 02: 51P 1111 1 01' 2 RFC
M1lDRF1) AI,SiUORF GARF1F1D 0:1IWTY ant AM) MORNS 11.00
QUET CAN MRS
THIS MUM, lade Ms 1st dq of fl.+urLr, if9tr haws.. 1 WARREN IILWfU. aha
LEM% WARREN JFW921. GLORIA D. JEWELL, JAMEY RUO[ EDDEP Not J. RUO[ 112D H ale RUTH
EWER aid KENNETH L LIBEL of the C.a.q .f QalMY end the Bret. of Colorado, Geisburs, sled,
AUGUI? O JAL aka AUOUWT GRANT JEWELL, ALIMITA JNWE11, mid EDrm JANE JL"1►EIL,
PAM Utast. wilt Right .f Set+iw.ship, wh.m address h 34113 Cory Road 239, Ube, of the Ceaay of
Girlish' end Stals of Colwell., Gematse..
WNTVESSE771, that t!. Oe.otsnr der sled 1...uUurtl.s sf the arm .f Ter Daher.
(110.00) sled ether dead ad ,Pliable umeld.nths, the wept sled e.Nlrle.ey .f which be hereby
sdttr..ri.dged, hove nul..d, released, ..M sled QM CLAIMED, sled by thea pno.lets de rreai.., nlea.o,
seN sod QUIT CLAIM est. the Ceooeln., their Miry, wraasees ed .s.1p., Meter, vii tie right, title,
imerr.l, datas rod d.usssd whkh the Crowson have 1. ed to tin nal property, together with improremests,
R w, situate, Wog mel b.i.R W the Conmy .r G.efield and Stale .f Calends, de.erlb.d as b11.*.t
Seed. 26 SWl% SW%
Secelse 27 SE % NE%
Seethe* 34 NEVI
AN 1s Tew..bip 0 Smith, Raw 92 Wet .f the 6th P.M., r..rlleld Nasty, Colorado
Together with as mmsmma.t far seam sled Nilly reposer from the eumaty reel to the above
described property bels/ thirty (30) (het Is width ..d bursaries as knew
(1) Meal the .omtbery boundary of SW% SWV Seth.. 27; (2) aloleg tie somberly bw.d.ey
of Lot 3 mod Lot 1, Vidu'Jew.lt Subdivision Ez.mptiea and .ortheeiy Nae .f Asters Orchard
Devetepm.e. Lots 3 and 6; (3) *keg the wabril.e between Amities Orchard De el.ram.st
Lets 5 sod 6 rad 1I and 12; a.4 (4) Moog the commas, 11.tw.w A.tden Orchard
Deveiepawt Lets 12 mod 21.
Together with mpp.rha.at water and water rights sed dkeie nod ditch wraw.te mod is
r..sedlw therewith.
AN legal do.eriptb.s ere mode ie referees to the three dellowies plata:
(1) M...mwtd had Surrey &peeked el Atopy 27, DM M 1:00 p.m. Ile the G.r1eM
Candy, Colored* Wee for ishetr. k..l laird sores, plots seder Reception Number 321.
Atm recorded i. the OMui of the Clerk sed Recorder of C..rfiel Comity e. September 5,
1996 at 933$ we as Receptive N. 490000 ad 111.d i. Drawer 3A.
(2) EiderfJn.ell S.bdi.leioe Etse*ptk. PIM rrcerdd W the (Nike .f the Clerk mad
Recorder of Garfield County, Colorado en Anise 27, 1996 as Receptive N. 497606.
(3) Aatlere Orchard Do.lepme.t Plot recorded am Number 374S11 is the Offs .f the Clerk
sod Recorder of Garfield C...5y, Calends.
TO HAVE AND TO HOLD the sem., together with all sad simpler the npprtaeu.e.s mid
prMNeges lhemmete Woofing or Ie an,wie thereinto mpperrdlehrg, rad ail the mime, right, tide, hater!
and elide wbatsewer, of the Creators, skier is law or .fluky, t. the only prepr oe., hele.fk end behest of
the Greeters, their hese and wipe fu.wr.
IN WITNESS VW:REOF, the Greeters haw executed this deed es the date art f.rtb ahere.
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DAVID SANTE - ACCESS
WARRANTY DEED dated 4 September 1997 states:
Together with an easement for access and utility purposes described in deed recorded November 13, 1996 in Book 999 at Page 531, in the
Office of the Garfield County Clerk and Recorder.
QUIT CLAIM DEED dated I November 1996 and recorded 13 November 1996 states easement as follows:
Together with an easement for access and utility purposes from the county road to the above described property being thirty (30)
feet in with an traversing as follows:
(1) along the southerly boundary of SW 3/d SW 114, Section 27; (2) along the southerly boundary of Lot 3 and Lot 1, Elder Jewell
Subdivision Exemption and northerly line of Antlers Orchard Development Lots 5 and 6; (3) along the centerline between Antlers
Orchard Development Lots 5 and 6 and 11 and 12; and (4) along the centerline between Antlers Orchard Development Lots 12 and 21.
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SANTE PROPERTY LAYOUT
Irrigation ditch will require culvert
be installed to access proposed log site
S $ 1337.70'
30 16`,
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34. Fouhd Stan. Manor
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.17
July 6, 1998
Kenneth Elder
1587 CR 259
Rifle, CO 81650
Dear Mr. Elder:
• During the Garfield County Commissioners hearing held on June 8, 1998, it was discovered that
there appeared to be a misunderstanding as to the proposed special use permit for the Sante
property located approximately three miles Northwest of Silt on County Road 259.
The County Commission has asked me to contact those parties who signed the petition of
opposition and clarify the proposed usage, scale of operation, and consequently, the number and
size of trucks/trailers needed to service such a use.
I apologized during the committee hearing for not being more clear on the intended use of the
land. You will note the first sentence of my letter to the building and planning department
incorrectly states "This letter is regarding the special use permit needed to operate a business of
constructing log homes." I had copied a sample letter and used the wrong wording. It should
have stated "This letter is regarding the special use permit needed to operate a business of
constructing items for log homes." If you refer to the rest of my letter, you will see I support that
position throughout.
Let me clarify the use of the land:
1. 90% of all construction I do is at building sites in the area.
2. Occasionally I have the opportunity to build some things like log stairs, handrails,
furniture, or roof members at another location and transport and install them at the
building site. During the last two years, I did a total of six projects away from the job
site. These were as follows:
A. Constructed log handrails for a house by Avon. I used an electric chain saw and it
took one week to build.
B. Built a four -log section of a roof system. This took two days.
C. Constructed log stairs for an Aspen house. This took approximately four days.
D. Built log benches for Colorado Log Furniture and Design. This took two people a
day and a half.
E. Built bar stools for my neighbor.
F. Built a log bed for my own use.
As you can see, I am not planning on a large operation with many employees using chain saws or
numerous log trucks involved. I could haul logs in on a trailer behind a pickup truck or have a
semi -trailer truck drop off one load, which would provide me with logs for many future projects.
My request is to be able to build items out of logs when the opportunity arises on my own
property, which is already zoned for such use.
The location on my land I propose to use for projects is hidden from view and would not be an
eye sore. I have volunteered to limit work to the hours of 7:00 a.m. to 5:30 p.m. Monday
through Saturday. These hours are set to have the least impact on people. I have also
volunteered to have the permit state that I cannot build log shells an the property.
There has been another commission hearing scheduled for July 13, 1998, at 3:00 p.m., and I
invite you to come and state your concerns or support at that hearing. I will be contacting you
shortly to meet with you to discuss your concerns. Thank you for allowing me to clear up some
misunderstandings. Please do not hesitate to contact me if you have any questions, or if I may
provide you with any further information.
Sincerely,
David A. Sante
5033 CR 335, #191
New Castle, CO 81647
984-2865
29 June 1998
Planning Commission
109 8th Street
Glenwood Springs, CO 81601
Dear Sirs,
RE: Sante Special Use Permit
I have asked Eric Molthen to present this letter to the Planning
Commission on my behalf as I am unable to attend in person for
the hearing scheduled for July 13th.
The purpose of this letter is clarify the fact that we have never
given the Santes permission to access their property via the
easement provided to one adjoining land owner. eA c'. L& r
Mr. Sante was given access to his property through Antlers
Orchard Development, which was recorded in Garfield County on
13 November 1996.
I do not now nor do I intend to give Mr. Sante access through my
property, otherwise known as Lot 1. E X(6t 2 R E.s,ocd)-/ . C) SC
010y
Sincerely,
7fK nneth Elder
JIAL-g-Gic—
Ruth Elder
DAVID SANTE - ACCESS
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SANTE PROPERTY LAYOUT
Irrigation ditch will require culvert
be installed to access proposed log
site
INSIDE A BUILDING
NOTHING LOUD
1 TRUCK A WEEK
STANDARD PICK-UP
FURNITURE, RAILINGS, STAIRWELLS
1337.70'
87-50-16'.
Cantor 1/4 Comer Sec
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NOT
NOTIFIED
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO. 81601
June 8, 1998
Attn: Mark Bean
RE: Special Use Permit, David Santee
To Whom It May Concern,
After a discussion with Mr. Bean this morning, I would like to see several
clarifications made to this petition prior to it's approval. First, I would
like to have the products constructed limited to furniture, stairs and
trusses.
The second concern involves the vehicles used to transprot materials to
and from the property. Access to the property in question is via a private
road shared by several different people. I feel Mr, Santee should be
required to enter into an aggreement with the affected parties to share in
the maintance of the easement. In previous discussions with Mr. Santee,
my understanding was that he would be moving materials in and out using
his pickup truck and trailer. I would like to see the permit limit vehicle
size to conform with my understanding thereby, eliminating the use of
"eighteen wheelers" on our small county and private road system.
The final clarification concerns the sale of scrap materials for firewood.
I have no problem with the sales but would like to see the sale of
firewood conducted off site.
If these clarifications are acceptable to the Board of County
Commissioners and to Mr. Santee, 1 would have no problems with the
approval of the application. Thank you for taking these concerns into
account.
Sincerely,
1/6.1c4A ayat
Edwin Dale "Chip" Clark
TO'd
86 -80 -un
June 4, 1998
Garfield County Building
& Planning Department
109 8th Street Suite 303
Glenwood Springs, Co 81601
Dear Sir:
I am responding to Mr. David Sante's request for a special use
permit application on his property at NW 1/4 NE 1/4, section 34,
Township 5 South, Range 92 west of the 6 P.M., county of Garfield.
I am a neighboring property owner and share the same access
road to Mr. Sante's property. In fact I shared the expense of
building this road.
Recently I signed a petition that was against the issuance of
a special use permit to Mr. Sante. Since signing this petition I
have read Mr. Sante's application and have conversed with personnel
of the county building and planning department. I now understand
that the request is not asking for a change in the existing zoning
designation and that the scope of the business is limited.
I am not against the special use permit being issued.
Sincerely
Bill Erickson
0524 County Rd 259
Rifle, Co 81650
(tele: 625-4928)
i Imo uiii niui iimi iu ur 1111111 111 11111 1111 1111
513252 09/05/1997 09:47A b.032 P671 432
1 of 2 R 11.00 D 8.00 N 0.00 GARFIELD CLERK
WARRANTY DEED
THIS DEED, Made this 4th day of September, 1997, between AUGUST G.
JEWELL aka AUGUST GRANT JEWELL, ALBERTA JEWELL and EDITH JANE
JEWELL, of the County of Garfield and State of Colorado, Grantors, and DAVID A.
SANTE and RUTH E. SANTE, Joint Tenants with Right of Survivorship, whose legal
address is 5033 County Road 335, Space 191, New Castle, of the County of Garfield, State
of Colorado, Grantees:
WITNESSETH, That the Grantors for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the Grantees, their heirs, successors and
assigns forever, all the real property, together with improvements, if any, situate, lying and
being in the County of Garfield, State of Colorado described as follows:
Township 5 South, Range 92 West of the 6th P.M.
Section 34: NW1/4 NE1/4
Together with an easement for access and utility purposes described in deed
recorded November 13, 1996 in Book 999 at Page 531, in the Office of the
Garfield County Clerk and Recorder.
Together with eight (8) shares of Farmers Irrigation stock.
Together with a non-exclusive right to use the easement for horseback or
pedestrian travel described in the quitclaim deed recorded August 28, 1997
J in Book 1031 at Pages 700-701 in the Office of the Garfield County Clerk and
Recorder.
Subject to an easement for access, installation, operation and maintenance of
an underground ditch described in the quitclaim deed recorded August 28,
1997 in Book 1031 at Page 699 in the Office of the Garfield County CLerk
and Recorder.
Subject to an easement for access, operation, maintenance and repair of
Headgate 49 on the Farmers Irrigation canal and the lateral ditch serving said
headgate, as both are presently in place and in use, which serve the subject
property and Antlers Orchard Lot Nos. 5, 6, 11, 12 and 22 in said Section 34.
Said headgate and ditch shall be used jointly by the owners of said parcels,
and all such owners shall be responsible for maintaining and operating, as is
necessary, the ditch, headgate, division boxes and measuring devices. The
maintenance and operation costs of the ditch, headgate, measuring devices
and division boxes shall be divided between the parcel owners in proportion
to their lawful share of the ditch water. All parcel owners shall have an
easement along the ditch for the above -referenced maintenance and
operation.
Subject to an easement for access, operation, maintenance and repair of
Headgate 48 on the Farmers Irrigation canal and the lateral ditch serving said
headgate, as both are presently in place and in use, which serve the subject
property and Antlers Orchard Lot Nos. 12, 21 and 28, in said Section 34.
Said headgate and ditch shall be used jointly by the owners of said parcels,
and all such owners shall be responsible for maintaining and operating, as is
necessary, the ditch, headgate, division boxes and measuring devices. The
maintenance and operation costs of the ditch, headgate, measuring devices
and division boxes shall be divided between the parcel owners in proportion
to their lawful share of the ditch water. All parcel owners shall have an
easement along the ditch for the above -referenced maintenance and
operation.
RETURN TO: GLENN D. CHADWICK
710 COOPER AVE.
GLENWOOD SPRINGS, CO 81601.
111111111111111111111111L]11 1111111 111 11111 1111 1111
513252 09/05/1997 09:47A 81032 P672 432
2 of 2 R 11.00 D 8.00 N 0.00 GARFIELD CLERK
as known by street and number as: Unassigned.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim
and demand whatsoever of the Grantors, either in law or equity, of, in and to the above -
bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above -bargained and described, with
the appurtenances, unto the Grantees, their heirs, successors and assigns forever. And the
Grantors, for themselves, their heirs, successors and assigns, do covenant, grant, bargain, and
agree to and with the Grantees, their heirs, successors or assigns, that at the time of the
ensealing and delivery of these presents, are well seized of the premises above conveyed,
have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and have good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except subject to the 1997 general property
taxes; patent reservations; prior mineral reservations and leases of oil, gas, and minerals;
restrictions, easements and rights-of-way of record; and right-of-way for any existing
irrigation ditches, laterals, canals or pipelines.
The Grantors shall and will WARRANT AND FOREVER DEFEND the above -
bargained premises in the quiet and peaceable possession of the Grantees, their heirs,
successor and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number include the plural, the plural the singular, and the
use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth
above.
r- f J `� J c ' t / f'' , / C}`� . rZ.�>- �1/1�?h:<-r/I��
/ Aug G. Jewell akAugust Grant Jewell Alberta Jewell
Edith Jane JeweJl`'
STATE OF COLORADO
COUNTY OF GARFIELD
)
) ss
The foregoing instrument was acknowledged before me this 4th day of
September, 1997, by AUGUST G. JEWELL aka AUGUST GRANT JEWELL, ALBERTA
JEWELL, and EDITH JANE JEWELL.
Witness my hand and official seal.
My Commission Expires: 09-27-97
•
'stNotary Public
ar 27 E. 5TH ST., RII-1-E; 'C0 81650
:v�
March 25, 1998
Garfield County
Building and Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Special Use Permit Application
for NW 1/4 NE 1/4, Section 34, Township 5 South, Range 92
West of the 6th P.M., County of Garfield, State of Colorado
Dear Building and Planning Department:
This letter is regarding the special use permit needed to operate a business of constructing log
homes. The following is an impact statement in which I wish to explain the operation of my
business in order to obtain a Special Use Permit.
My business is located on a 41.6 acre parcel of land at the end of Jewell Lane. Although a large
percentage of my work will be done at another location, I would like to prefab a number of
components for log homes on my property. The logs will be brought to the property by truck and
stored until needed.
Although my operation does not require any permanent buildings, I will be applying for a
building permit for a residential dwelling. Please refer to the enclosed site map for the location
of residential buildings and the log construction site. Sewage disposal will be by portable toilet,
and garbage will disposed of by dumpster, removed on a monthly basis. Log scraps will be sold
as firewood.
A 4 -wheel drive forklift or tractor will be used to service most of the operation. Power will be
supplied by a portable generator, and at a later date, Public Service.
We will now address the following conditions under special use:
Visual impact will be minor, mainly consisting of a small pile of logs. I will have no lights and
no sign.
I will not use or divert any ground water. The sawdust will be contained within the work area of
the property. The noise from the work area to any adjoining street or property has a minimal
effect because of the long distances between adjoining properties and roads. The operation
creates no vibrations.
Auto and trruck traffic would be, at most, two vehicles a day. If my operation was to
discontinue, the site could be re -used with no impact.
The only source of flammable material will be State approved gas cans for chain saw use. I will
have heavy duty ABC fire extinguishers on site.
I have located my operation in an area very conducive for this type of use. Doing this creates
very low impact as possible for the area. I will keep a very neat, clean and professional
appearance.
Per you requirements, also enclosed is the survey map, a listing of all adjoining property owners,
proof of ownership for the property, and a $400 check.
Please let me know as soon as possible if you require any further information.
Sincerely,
2?I9
David A. Sante
5033 CR 335, #191
New Castle, CO 81647
984-2865
Proposed Use of Property:
1. Future residential site for the Sante family.
2. The building of log furniture for sale off site.
3. The building of log stairs, railings, trusses, etc. for installation at other building sites.
4. Working hours would be 7:00 a,m. to 5:30 p.m. Monday through Friday, with occasional
Saturdays.
5. Vehicles would consist of two to four cars and one piece of heavy lifting equipment.
6. No structures have yet been planned, but a pole barn and shop would be useful in the
future.
7. No running water is needed for the operation, and sewage can be handled by portable
toilet until the house is built.
8. Trash will be hauled away from the site,
22.4
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SURVEYORS CERTIFICATION
1, THE UNDERSIGNED. BEING A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO
DO HEREBY CERTIFY THAT THIS MONUMENTED LAND SURVEY HAS BEEN PREPARED FOR AUGUST JEWELL AND
WARREN JEWELL UNDER MY DIRECT SUPERVISION, RESPONSIBILITY AND CHECKING, AND THAT IT IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SAMUEL D. PHELPS
COLORADO REGISTERED PROFESSIONAL
LAND SURVEYOR #27613
FOR AND ON BEHALF OF SURVCO. INC.
DATE OF CER TIFICATION: 14/JULY/1997
44-
A I. OA y
SURVEYOR'S NOTES: .w,
1) THIS MAP HAS BEEN PREPARED PURSUANT 10 CLIENT REQUEST TO SHOW THE SUBDIVISIONAL BREAKDOWN
AND ACREAGE OF THE ALIQUOT TRACTS AS INDICATED HEREON.
THIS MAP DOES NOT REPRESENT AN IMPROVEMENT SURVEY OR IMPROVEMENT LOCATION CERTIFICATE
OF THIS PROPERTY.
2) THS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS LAND SURVEYOR TO DETERMINE
OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD.
NO TITLE INSURANCE COMMITMENT HAS BEEN MADE AVAILABLE TO COMPLETE THIS SURVEY.
NO EASEMENTS OF RECORD THAT MAY EXIST OR THOSE THAT MAY BE APPARENT IN THE FILED HAVE
BEEN SHOWN HEREON.
3) BEARINGS AS SHOWN HEREON ARE BASED UPON THE LINE BETWEEN THE SOUTHWEST AND NORTHWEST
CORNERS OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M. AS BEARING
N.0013'36'W. MONUMENTATION FOUND AT THE SOUTHWEST CORNER OF SAID SECTION 27 BEING A
STANDARD MONUMENT AND BRASS CAP. P.L.S. #10732 AND AT THE NORTHWEST CORNER OF SAID
SECTION 27 BEING A BLM STANDARD MONUMENT AND ALUMINUM CAP.
NOTICE:
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE
OF CERTIFICATION SHOWN HEREON.
PROPERTY DESCRIPTIONS
SW1/4SW1/4 SECTION 26, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 39.513 ACRES MORE OR LESS
5E1/4SE1/4 SECTION 27, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M.,
COUNTY OF GARFIELD. STATE OF COLORADO. CONTAINS 39.349 ACRES MORE OR LESS
SW1/45E1/4 SECTION 27, TOWNSHIP 5 SOUTH. RANGE 92 WEST OF THE SIXTH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 39.630 ACRES MORE OR LESS
NE1/4NE1/4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 40.645 ACRES MORE OR LESS
NW1/4NEI/4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF T1 -IE SIXTH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 41.608 ACRES MORE OR LESS
SW1 /4NE1 /4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO. CONTAINS 41.795 ACRES MORE OR LESS
SE1/4NE1/4 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO EXCEPTING THEREFROM THAT TRACT OF LAND AS
DESCRIBED IN DOCUMENT RECORDED 1N BOCK 245 AT PAGE 548 OF THE RECORDS OF SAID
COUNTY, REMAINDER OF SAID SE1/4NE1/4 BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT TIME NORTHEAST CORNER OF SAID SE1/4NE1/4, SAID NORTHEAST CORNER BEING A
NO. 5 REBAR AND ALUMINUM CAP, P.L.S. #27613; THEN ALONG TIIE EAST LINE OF SAID
§1/4N!4 §:nc' B'i5" 1148.43 FFFT TO THE NORTHEAST CORNER OF SAID TRACT AS
DESOrcinED IN 1301;;14 hS AT PAPE 548; THEN ALONG THE NORTHWESttftLY LINE OF gArb TL I
5,72'45'6'W, 511,26 FEET TO A POINT ON THE SOUTH LINE OF SAID SE1/4NE1/4; 'THEN ALONG
SAID sou -n-4 LINE N,87'50'16"W. 847,70 FEET TO THE SOUTHWEST CORNER OF SAID SE1/4NE1/4,
SAID SOUTHWEST CORNER BEING A NO. 5 REBAR AND ALUMINUM CAP, P.L.S. #27813; THEN ALONG
THE WEST LINE OF SAID SE1 /4NE1 /4 N.00'12'59"W. 1349.53 FEET TO THE NORTHWEST CORNER
OF SAID SE1/4NE1/4, SAID NORTHWEST CORNER BEING A NO. 5 REBAR AND ALUMINUM CAP P.L.S.
27613; THEN ALONG THE NORTH UNE OF SAID SE1/4NE1/4 5.86'29'27-E. 1333.32 FEET TO
THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 39.877 ACRES MORE OR LESS
Date: I 1 /M ) / 7
Applicant:
GAR LLD COUNTY PLANNING DEPAR7k3NT
109 8TH STREET, SUITE 303
GLENWOOD SPRINGS, CO 81601
Telephone: 970-945-8212 Fax: 970-945-7785
APPLICATION
SPECIAL USE PERMIT
L:11 1/1 tQ
Address of Applicant: 5O 2 C R 33, #` V 81 irzLl7
Special Use: C.,01/4-(-04-'041 O n ru55e-S c ) e:' -r,� �=u 1- r ko(ht S\ e.
Legal Description: T01 n5h'`p 5 Such ,?,..-sAne 92. wetA- o -l-he 5ec-�-�o,n 3`i D tsh 1/4 NE V4
Practical Description (location with respect to highways, county roads, and residences): \ o e e VNA
6 D-1 ,Z59 (Jewel 1. ne) rro rkh Cc. 5'
Requirements:
1 Plans and specifications for proposed use (hours of operation, number of vehicles/day, location and size
of structures, etc.).
2. Existing or proposed method of sewage, source of disposal and water. Road access and other
information deemed necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject property, location and use of building and structures
on adjacent lots.
4. An impact statement on the proposed use where required by Sections 5.03-5.03,12 of Zoning
Regulations.
5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said
property.
6. A base fee of $400.00 shall be charged for each application and shall be submitted with the application;
additional charges may be imposed if county review costs exceed the base fee.
7. Attach a copy of proof of ownership for your property (deed, title insurance).
If public notice is required, notice provided by the Planning Department shall be sent out at least fifteen (15) days prior
to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's
responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published
one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear
the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing.
The above information is correct to the best of my knowledge.
Applicant
Date
ge goo .b 3/49 g Cot 31AI
N
RECEIPT D_
Received From .I I
Addres 34
(rter'' e- cs
No.
8337
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9e44ars $ q • C0
ACCOUNT
HOW PAID
AMT. OF
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CASH
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CHECK
BALANCE
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MONEY
ORDER
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PETITION OF OPPOSITION
AGAINST - DAVID A. SANTE ETAL
SPECIAL USE PERMIT
NW 114 NE 114, SECTION 34, TOWNSHIP 5
SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
2c, l of
THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS
AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS
ON JEWELL LANE WE DO NOT FEEL SUCH ON. OpEIWION I$ CONOUSIVE TO AN AREA THAT HAS LONG BEEN AND STILL 1S BEING USED FOR
FARMING AND THE RAISING OF LIVESTOCK. WE BELIEVE THE EXISTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC
AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE .OGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A
AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS
TH'''E IS ALSO CONCERN QF THE POTENTIAL bE A FIRE HAZZARD TO BOTH THE B.L.M. LAND AND AQJQINING PROPERTIES THAT
Cc. 0 RESULT FROM THE STORAGE OF LOGS AND LOCI MIATEIRIALS. THE DISK OF DAMAGE TO THE CI LVEIkT > As A RESULT OF REPT=ATED
CROSSINGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OWNERS ON JEWELL LANE BUT Q JtLINING AREAS AS WELL.
IT IS OUR BELIEF THAT SUCH AN OPERATION SHOULD BE IN AN AREA CURRENTLY ZONED EITHER LIGHT INDIStRIAL AND/OR COMMERCIAL.
WE ARE THEREFORE ASKING THAT YOU DENY Mit. SANIES REQUEST FOR A SPECIAL USE PERMIT.
DATE PRINT NAME
SIGNATURE
ADDRE
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PETITION OF OPPOSITION
AGAINST - DAVID A. SANTE ETAL
SPECIAL USE PERMIT
NW 114 NE 1/4, SECTION 34, TOWNSHIP 5
SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
2a -p4
THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS
AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS
ON JEWELL LANE WE DO NOT FEEL SUCH ON OPERATION IS CONDUSIVE TO AN AREA THAT HAS LONG BEEN AND STILL IS BEING USED FOR
FARMING AND THE RAISING OF LIVESTOCK. WE BELIEVE THE EXISTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC
AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE LOGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A
AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS
TN'" -'E I$ AL$O.CONCERN OF THE POTENTIAL OF A FIRE HAZZARD TO BOTH THE B.L.M. LAND AND ADJQINING PROPERTIES THAT
CL . D RESULT FROM THE STORAGE OF LOGS AND LOG MATERIALS. THE RISK OF DAMAGE TO THE CULVERTS AS A RESULT OF REPEATED
CROSSINGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OWNERS ON JEWELL LANE BUT OUTLINING AREAS AS WELL.
IT IS OUR BELIEF THAT SUCH AN OPERATION SHOULD BE IN AN AREA CURRENTLY ZONED EITHER LIQ'HT INDISTRIAL AND/OR COMMERCIAL.
WE ARE THEREFORE ASKING THAT YOU DENY MER: SAIVTES REQUEST FOR A SPECIAL USE PERMIT.
DATE PRINT NAME
SIGNATURE
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PETITION OF OPPOSITION
AGAINST - DAVID A. SANTE ETAL
SPECIAL USE PERMIT
NW 114 NE 114, SECTION 34, TOWNSHIP 5
SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
PQqo of
THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS
AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS
ON JEWELL LANE WE DO NOT FEEL SUCH ON:ORERATION IS CONDU$IVE TO AN AREA THAT HAS LONG BEEN AND STILL IS BEING USED FOR
FARMING AND THE RAISING OF LIVESTOCK. WE BELIEVE THE fsJJSTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC
AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE LOGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A
AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS
THERE I$ ALSO CONCERN OF THE POTENTIAL OF A FIRE HAZZARD TO BOTH THE auk M: LANA AND ADJOINING PROPERTIES THAT
C _D RESULT FROM THE STO iAGE OF LOGS AND LOG MATERIALS. THE RISK OF DAMAGE TQ THE CULVERTS AS A RESULT OF REPEATED
CROSSINGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OWNERS ON JEWELL LANE BUT OUTLINING AREAS AS WELL.
IT IS OUR BELIEF THAT SUCH AN OPERATION BRONCO BE IN AN AREA CURRENTLY ZONED EITHER LIGHT INDISTRIAL ANDIOR COMMERCIAL,
WE ARE THEREFORE ASKING THAT YOIJ DENY Mk. SANTES REQUEST FOR A SPECIAL USE PERMIT.
DATE . PRINT IVAMIE,
SIGNATURE
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PETITION OF OPPOSITION
AGAINST - DAVID A. SANTE ETAL 11 D P
SPECIAL USE PERMIT f' C tt
NW 1/4 NE 1/4, SECTION 34, TOWNSHIP 5
SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
THE PARTIES SIGNED BELOW ARE AGAINST THE APPLICATION OF DAVID A. SANTE FOR A SPECIAL USE PERMIT TO OPERATE A LOG BUSINESS
AND THE CONSTRUCTING OF LOG HOMES AT THE LOCATION LISTED ABOVE ON JEWELL LANE. AS RESIDENTS AND/OR PROPERTY OWNERS
ON JEWELL LANE WE DO NOT FEEL SUCH ON OPERATION IS CpNDU$IVE TO AN AREA THAT HAS LONG BEEN AND STILL IS BEING USED FOR
FARMING AND THE RAISING OF LIVESTOCK. WE BFLIaVE THE EXISTING INFRASTRUCTURES CANNOT WITHSTAND THE ADDITIONAL TRAFFIC
AND PASSAGE OF HEAVY TRUCKS TO BE USED TO TRANSPORT THE LOGS. IT IS FURTHER BELIEVED THAT THE PLACEMENT OF SUCH A
AN OPERATION AGAINST THE MOUNTAINS WILL CREATE AN ECHO EFFECT AND THEREBY MAGNIFY THE NOICE GENERATED BY CHAINSAWS
THERE 1$ ALSO CONCERN OF THE POTENTIAL OF A FIRE HAZZARD TO BOTH THE B.L.M. LAPID AND ADJOINING.PROPERT1ES THAT
RESULT FROM THE'StORAGE OF LOGS AND LOG MATERIALS. THE RISK OF DAMAGE TO THE CULVERTS AS A RESULT OF REPEATED
OS$INGS BY HEAVY TRUCKS WOULD NOT ONLY EFFECT PROPERTY OVVNERS ON JEWELL LANE BUT OUTLINING AREAS AS WELL.
IT IS OUR BELIEF THAT SUCH AN OPERATION SHOULD BE IN AN ARBA CURRENTLY ZONED EITI-IER L1GF-IT INDISTRIAL AND/OR COMMERCIAL.
WE ARE THEREFORE ASKING THAT YOU DENY ,g11R. SANIES REQUEST FOR A SPECIAL USE PERMIT.
DATE PRINT NAME SIGNATURE ADDRESS
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SICTfON 34, s1/7sE/4 SECTION 77
swi/'swi/ SECTIO\ 26
� Soutn, Rancc 92 West of the 6th
County of Garfield, State of Colorado
South C–C 1/16 Corner Section
27. Found BLM Standard
Monument Set in 1993.
r o�
0
oo
ea
N
r7
S84'44'29 "E
1332.85'
39.630 acres
cN c-LArzK
South 1/4 Corner
Section 27. Found Z"
Standard Mon. W/Aluni.
Cap, P.L.S. #10873
S85'08'09 "E
1329.68'
41.608 acres
A--tx)
I
1��
1�5
N1/16 C–C Cor. Sectio s C k'\LE G�
34 Set #5 Rebar 8tso t'7
W/2" Alum. Cap. (:1?o)c o,
N86.29'27"w
1333.32'
5E1/16 Section 27
Set #5 Rebar W/2"
Alum. Cop.
3„9C,60.00S
S84'44'29"E
1332.85'
N 88'53'09"E
TD
39.349 acres
1��.
tt
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ti)
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E1/16 Cor. Sections
27/34 Set #5 Rebar
W/2" Alum. Cap.
S85'08'09 -E
1329.68'
1339.12'
South 1/16 Cor. Sections
26/27. Found BLM Stan.
Monument Set In 1993
27 26
1339.52`
34 35
Section Corner
Found Stan. Monument
W/Alum. Cap,
P.L.S. #16397
40.645 acres
tik
y„
NE1/16 Cor. Sections
34 Set #5 Rebar
W/2" Alum. Cap.
41.795 acres
1337.73'
N 87-50'16"W
Center 1/4 Corner Section
34. Found Stan. Monument
W/Brass Cap, P.L.S. #10871
of 1
N86'29'27"W
1333.32'
39.513 acres
588'39'13"W
39.877 acres
yr 3: )7370
to
r`� c
Set #5 Rebar
W/Plastic Cap.
847.70'
( 587'50'16"E
East C–C 1/16 Cor.
Section 34. Set #5
Rebar W/Alum. Cap.
N87'50'16'W
490.00'
N
co
0
al
N1/16 Cor. Sections
34/35. Set #5 Rebar
W/2" Alum. Cap.
Exception Tract
/ Book 245. Page 548
Found Rebar W/Plan.
Cap, P.L.S. #3317
–+-1400'28'45"W 170.00'
East 1/4 Corner Section
34. Found Stan. Monument
W/Brass Cap, P.L.S. #10871
500
0
v
SW1/16 Cor, Section
26, Found BLM Stan.
Monument Set. In 1993
W1/16 Cor. Sections
26/35. Found BLM
Stan. Mon. Set in
1993.
250
500
-...00
1 Inch = 500 Feet
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Professional Lorid Surveying Service:
214 Eighth Street, Suite #215
Glenwood Springs, CO. 81601
Phgn (um i; ?11. i? [nc; (970) 9?fi•- 3411
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