HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-lOl(lO)(a) -(d) as am e nded,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended April 14, 1975, Sections 1 .02.17(d) and
3.02.01, the undersigned J 0 h'J fl ... Ja c oh.s e q
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respectfully petitions the Board of County Commissioners of Garfield
County, c_o lo rad~, to exempt ~y resolution ti 4'~ '( c._ 5 ll ~'--<
-f!!_~e/f ~ u;:o ~~? tr; / r .. ~~,,. 4 .2. 0 ~.-U-<L-,
more fully hereinafter described, from the definitions of "subdivision"
and "subdivision land 11 as the terms are used and defined in C.R.S. (1973)
Section 30-28-lOl(a) -(d) and the Garfield County Subdivision Regulations,
Submitt e d at Glenwood Springs, Colorado, this
of f ~~
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•
April 12, 1978
State of Colorado
Colorado Land Use Cozranission
1845 Sherman
Denver, Colorado 80203
Re: Senate Bill 35 Exemption Request -John H. Jacobsen
Oentlemen:
Please find enclosed the Subdivision Symmary Form for the above
referenced applicant requesting an exemption from Senate Bill 35.
This request was heard and approved on April 3, 1978 by the
Garfield County Board of County Commissioners.
If you have any comments or questions, please do not hesitate
to contact this office.
RAW/kay
Enclosure
Sincerely,
PLANNING DEPARTMENT
Robert A. Witkowski
Director
•
April 12, 1978
Mr. John H. Jacobsen
Box 920
Carbondale, Colorado 81623
Re: Senate Bill 35 Request
Dear Mr. Jacobsen:
Please find enclosed a copy of the Resolution in the above
referenced matter. The Board of County Commissioners has signed
and approved your exemption request on April 3, 1978.
If you have any comments or questions, please do not hesitate
to contact this office.
RAW/kay
Enclosure
gincerely,
PLANNING DEPARTMENT
Robert A. Witkowski
Director
to the said part i es of th.t part in hand paid by the said part. of the second part , the
receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed,
and by these presents do grant, bargain, sell, con ve y and confirm unto the said part y of the
second part, his · heirs and assigns forever, all the following de scribed lot or parcel of land,
situate, lying and being in the County of Garfield and State of Colorado ,
to-wit:
A parcel of land being a part of Lots 8 and 9 of Section 34 and part of
Lots 4 and 10 of Section 35 all in Township 7 South, Range 88 West of the
Sixth Principal Meridian, s a id parcel of land is described as follows:
Beginning at a point on the Westerly line of said Lot 8 whence the Witness
Corner to the South Quarter Corner of said Section 35 bears: S. 53°30 1 43 11
E. 4278. 58 feet; thence East 1393. 08 feet; thence South 1195. 59 feet to a
point on the Southerly line of said Lot 10; thence N. 88°50 1 48 11 W. along the
Southerly lines of said Lots 9 and 10, 1410.00 feet to the Southwest Corner
of said Lot 9; thence N. 00°49'00" E. along the Westerly lines of said Lots
8 and 9, 1167.33 feet to the point of beginning.
Together with non-exclusive roadway and utility access to and from said
tract of land to and from the County Road ly ing Southerly thereof, over and
across the roadway presently constructed and in place.
Together with a 1.2/4.3 proportionate interest in and to the Slough Ditch and
Banning Lateral, being Ditch No. 193, and the 4. 3 cubic feet of water per
second of time adjudicated thereto under Pr iority No. 274.
No. 832. WARRANTY DEED.-Bradford Publ11hins Compe.07, 182'-46 St.out S tttet, Denver, Colorado-1-73
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GARFIELD COUNTY
Building and Planning Department
April29, 1999
Robert E. Emerson, P.C.
86 South Third Street
Carbondale, Colorado 81623
Re: Duke Subdivision Exemption
. Dear Bob:
Section 8:00, Exemption, of the Garfield County Subdivision Regulations of 1984, as amended, allows an
individual to request an exemption from the definition of subdivision to create separate piece of property.
This is a discretionary authority of the Board of County Commissioners and is subject to criteria
established by the Board in the subdivision regulations.
The present regulations allow a property owner to request an exemption for up to four ( 4) lots, parcels,
interests or dwelling units from a tract of land that was at least 35 acres in size on January 1, 1973. The
parcels created from the tract that existed on that date, count as exempt parcels for the purposes of the
exemption process, regardless of whether or not they are over 35 acres in size.
The 198.42 acre parcel sold to Huebinger, et al, in 1974 was the controlling parcel for the purposes of the
exemption process. That parcel was split into a number of tracts over 35 acres in size and some of those
tracts were split further by both the exemption and full subdivision review process. In total, more than
four parcels have been created from the tract that existed on 1/1173 in the records of the County Clerk and
Recorder. The parcels split further by exemption, were subject to criteria in existence at that time . The
exemption criteria have changed at least four times since 1980.
In summary, the Duke's tract was one of a number of exemptions created since 1973, as was the original
Jacobson tract. As such, any further splits of their property would have to go through the full subdivision
review process. If you have any questions about this letter, feel free to call or write to this office, at your
converuence.
Mark L. Bean, Director
Building & Planning Department
xc: Don Deford, County Attorney
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
LAW OFFICES
R 0 B E R T B. E M E R S 0 N. P. C.
86 SOUTH THIRD STREET
CARBONDALE. COLORADO 81623
(970) 963-3700
ROBERT B EMERSON
April 20, 1999
Mr. Mark Bean and/or Mr. John Barbee
Garfield County Building & Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Duke Subdivision Exemption
Dear Mark and John:
FAX (970) 963-0985
I represent Dr. and Mrs. William Duke. They are the owners of a parcel of land in
Garfield County near County Road 100 and Blue Heron Lane, which is approximately
14. 75 acres in size. I am writing this letter in an effort to make a determination of
whether or not this property is eligible for subdivision into two parcels utilizing the
subdivision exemption process. Don DeFord suggested that I write you outlining the
history of this property.
John Huebinger and others purchased a 198.42 acre parcel of property in May, 1974. A
copy of the Huebinger, et al, deed is enclosed. Huebinger, et al, then conveyed parcels
in excess of 35 acres to various individuals, one of whom was John H. Jacobsen, who
acquired a 38 acre parcel in January, 1976. A copy of the deed to Jacobsen is also
enclosed. In 1979, Jacobsen divided the 38 acre parcel into two parcels through the
subdivision exemption process (see enclosed Resolution 78-38). This division created
parcels of 18 and 20 acres. In 1979, the 20 acre parcel was divided into two tracts of 10
acres each (see Resolution 79-110). Thus, the original 38 acre tract was divided into 3
parcels.
Subsequently, there was a boundary line adjustment in 1995. As a result of the bound-
ary line adjustment, the Dukes own one of the 10 acre traci:s which was enlarged to
14.754 acres through the boundary line adjustment process. This tract is listed as Lot 2
in Exhibit A of the enclosed Boundary Line Adjustment Affidavit.
My question is whether or not the tract of land owned by the Dukes is now eligible for
division into two parcels through the subdivision exemption process. In my brief
conversation at your office, Mark mentioned that the original tract had to exist as of
1973. I am not sure I understand this requirement. In this case, the 38 acre parcel was
Mr. Mark Bean and Mr. John Barbee
April 20, 1999
Page 2
lawfully created in 1974 and was subsequently divided twice through the subdivision
exemption process. Given this history, it would appear that the Duke property is eligible
for one more division through subdivision exemption. Is this assumption correct?
I look forward to hearing back from you in the near future.
Robert B. Emerson
RBE/jc
Enclosures
cc: Don DeFord Cw/enclosures)
Dr. and Mrs. William Duke (w/o enclosure s)
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:a, 0 p ~"~ .·, Recorded a:r .. :.....='~-.o'clock... _______ .Jd., ·---. .l -'f~ •. t-; ----·-
0 nG• e. ~ Reception No._.; .... 63 '• · '-2 .. __ .. ··----·-.. ----.#-................ .._.llecorder.
RECO:Rl>ER'S STAMP
THIS DEED, Made this ;2.L/ .f5._ , day of May
1974 , between DEER PARK PROPERTIES, a
Co-partnership
of the County-of Garfield and State of -
. _ JOHN HUEBINGER, JR., as to
Colorado, of the first part, and an undivided four -fifths ( 4 / 5)
interest in the hereinafter described real property, RICHARD G. MARTI:ri. as
to an undivided one-tenth (1/lOth) interest in said real property. ·and GERALD
D. HARTERT,. as to .an undivided one-tenth (1/10) interest in said real property
of the County of Garfield and SW:tQ of Colorado, of the Se(:ond part;
WITNESSETH, That the said party of the first part, for and in consideration of the sum. of
Ten Dollars and other good and valuable consideration. 1Htt;f~
. ~ .....
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to the said party of the first part in hand pa.id by the .said parties of the second part, the
receipt whereof is h~eby confessed and acknowledged, has granted, bargained, sold and conveyed,
and by these J,>resents do es grant, bar~ain1 sel1i convey and confirm unto the said parties
.. Ul the respective und1viaed uiterests set forth above.
of the
second part, their heirs and assigns forever/all the following described lot or parcel of land,
situate, lying and being in the County of Garfield · and State of Colorado, . .
to-wit:
A tract of land situated in Lots l. 8 and 9 , Section 34,, and Lots 3, 4 and 10 ..
Section 35, Township 7 South. Range 88 West of the 6th P. lVI., described as
:follows: Beginning at a point whence the Witness Corner for tl-.e South Quarter
Corner of said Section 35 (according to U.S.G.L.0. To-wnship Plat approved
by the Surveyor General March 31. 1891), bears s. 34°57' E. a distance of
1, 547. 94 feet; thence N. 0°40 1 E. a distance of 1, 280. 23 feet to an existing fenc ~
corner; thence N. 84°49' W. a distance of 200. 00 feet to an existing fence
corner; thence N. 0°40' E. a distance of 2 , 116. 93 feet to a point in the active
channel of the Roaring Fork River: thence S. 89°23' 39 11 W. for a distance of
2. 483. 533 feet to an existing fence corner ; thence S. 0°49 1 W. for a distance
of 3. 332. 72 feet to an existing fence corner; thence S. 88°48 1 E. for a distance
of 2. 691.14 .feet to the point of beginning. containing :1-98. 42 _acres._
Together with all water and water rights, ditches and ditch rights appertaining
to or used in connection with the above described land, and p _articularly. but
without liz:n.itation upon the foregoing, all right. title and interest of _said party
of the first part in the followl.ng ditch and water rights:
(a) A~l of said party of the first part's interest in the Flynn Ditch. being Ditch
#192, and the 3. 2 cubic feet of water per second of time allowed to flow therein
under and by virtue of Priority No. 2!73; and
(b) All of said party _of.-the first part's i nterest in -the Slough Ditch and Banning
Lateral.' being Ditch No. 193, and all interest in and to ·the 4. 3 cubic feet of
water per second of time allowed to flow therein under and by virtue of
Priority No. 274 and all of said party of th e first part's interest in and to
the 42.68 cubic feet of water per second of time allowed to flow therein w:ider
and by virtue of Prio:;-.i:l;y NC?•, 30 _~, ;>eing·the First Enlargement thereof •.
Together with roadway and utility··access to and from said tract of land to
and from the County Road lying Southerly thereof. over and across the road-
way presently constructed and in place.
•-· ; .I .
No. 832.
--------1. d-.26L . 01--1 Wi::J E t> : 6 ,. : 1566 1 . 02 . ~di::J
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,--....., . .-...... _.--:-. BOOti460 PACE I 5 I
This conveyance is made subject to the following restrictions upon use and
restrictive covenants. which covenants shall be considered as covenants
running with the title to the above desc ribed lands. bit shall not be construed
as covenants for the benefit of any other lands. to -wit:
1. · No mobile home or trailer or temporary structure of any nature
shall be··permitted to be installed or remain on said lands except on
a temporary basis. in conjunction with construction of permanent
improvements on said lands. This covenant and restriction upon
use shall expire and be of no further force and effect from and af'ter
the date of"May -1,' 1998;
2. Any . residential dwelli.Dgs cons t ructed on said lands shall .contain
a minimum of 1. 600 square feet of living area exclusive of exterior
porches, garages. and unfinished basement. This covena.nt ~and --.
restriction arr use shall expire and be of no further effect from and
after the date of May 1,· 1984. ·
3. No part o.f said-lands shall be utilized .for commercial purposes
with the exception of agricultural uses and commercial uses directly
associated to such agricultural~uses. This ·covenant and restriction
on use shall expire and be of no further effect ft-om and after ],Vlay. 1.
1984; PROVIDED. that the foregoing covenant and restric_tio!1_ on ~se
may expire prior to such date ~accordance with pro_visions of ~at ..
certain Agreement of Purchase and Sale dated May 2. 1974. between
said party of tQ.e ..first part as Sel~er and said _ parties of tl;ie second
part as Buyers. . . . . 0 1 ·
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TOGETHER with.all and sfugula.r.the hereditwnents ~-appurtenances thereunto bel~i:lguig, or
iu anywise appertaining, .and the reversion and revers ions, r e mainder and _remainders, rents, ia.sues
-
and profits thereof; and all the estate, right, title, int erest, claim and demand whatsoever, of the said
·~ \ party of the. first part either.in law or equity, of,. i n. and to the above bargained premises, with
the hereditaments and appurtenances.
TO HA VE AND TO HOLD the said premises a b ove bargained and described, with the appurte-
nances unto John Huebinger. Jr •• Richard C. Martin and Gerald D. Hartert
the said parties of the second part, their heirs and ass igns forever.
And the· said Deer Park Properties~ a Co-partnership
_party of the first part,
for it seif. its :s:i-Cc;~sso~s ~d assigns·. ·,,._does cove~ant, grant, bargain and '1gree
to and with the said Pajies of the · ~cond part,· the ii.-heirs arid assigns, that at the time of the ---~ ~ -..
ensealillg and tlelivery of thes~ presents · · it is well seized of the premises above con-
..:..
veyed, .as of good, sure, i;>erfect, absolute and indefeas i b le estate of inheritance in law, in fee siniple,
and has i~od right, fitll powe~ and lawful authority .to grant, bargain,_ sell and convey the same in
manner mid ~~rm af~re#id, a'~d tha"t 'tii~ same are free -and 1 cle~ from all former and other grants,
bargains, sales, liens, ~es, assessments and incumbrances of whatever ldnd or nature soever ...
2 62."0N 666 1'02 .Cldl:::I
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EXCEPT real property taxes for the year 1974, due in 1975; except existing
easements for roads.. irrigation ditches. pipelines and utilities; except
res ervat:Lons and exceptions contained in United States Patent; except exist-
ing leases of oil, gas and other minerals, and except deed of trust recorded
in Book 395 at Page 17 of the records of Garfield County, Colorado, which
deed of trust and the balance of the obligation secured thereby, said party
of the first part hereby expressly covenants and agrees with said parties of the
second part to fully pay and perform in accordance with the ter.rns and ·
·provisions thereof,
~ .
and the above bargained premises in
the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,
against all and every person or persons laWfully claiming or to claim the whole or any part thereof,
the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party
hand and seal
SigD.ed, Scaled and Delivered in Presence of
~-·-·er=~::~~~.~·: .. ~-----··-·--····-·---·--··-··-·-··--···~---
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of the first part has
-.· ..
The f~regoing instrument was acknowledged ·before me this 3o ~
by John G. Powers. Ki:mik.o Powers and Richard C. Martin
of DEED"PARK PROPERTIES,' a Co-partnership. .
··~~·~·m-"CQ~~s.si?~ expires __ Nov •. 29, 1977. i : _ ...•
hereunto set its
artner
dayof May .· 1974
as General Partners
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•. • ~ .... W.' <ib::r' ~.g~unJ. .,P~non. or 1>e r&01:1A ~ere in••rl name or DADIC-: H \.er »e-n11on. ne tlne tn repr01tent.a.tlve or otts:c!al cap~ or a,11 •t:tornc:J"" ..
(e;facc. then h;a.;iicrl n1Un.c-o _t. ~non ~ executor. &t"tO"rn.q-in-f'a~. or cth<:r CQ.pa.eit;y or d~ar.lptJon. : ~ by ottlo~ ot COT%.'Ol'&tfon th80. lnaert
name oC auc.h o.trh:er or ott~c:c:-.-. a.a tbc pra!!i&denc. or cl.her oUJce-ra ot auch oorporut.ion. n.;:i.n:ai~K' .it., •
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STATE OF~~
COUNTY OF L /-L
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·-. ;-=... BOOK460 PACE I 53
ss.
-.77/ The foregoing instrument was acknowledged before me this :l </' day of
May. 1974, by John Stevenson. and Is a belle Stevenson as General Partners
of DEER PARK PROP,ERT~S. ,a_ Co-partnership.
'.) -p-( .
f1 ... ::. L )o . 11'").r My commission ·expires: ; . ,_ • . '.. ::: r.. --. • : •
" ·-· Witness m.y hand and official seal •
. ----~.
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26L."ON
1-fERMAN :J. KEYSER .
,..o:r.\RT PU Bl..IC. State Of New YOf'X
No. 41-2105950
'Qualified In Queens County
l:omm15&1on ~P.lre$ Macc:t\ 30, 1975
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Rtt~;::tion :"o"o . ~:. ' r :·-
1 ' ~--· I THIS DEED. ~fa,! .. thi•
,-1 ,. ( • ! :!' 1 -· , day l)f January ,
>. .
j l!J 76 , be";l"~!'; JOt<!'< HlJEBINCER, JR . and DOLORES J.
, HUEBINGER. husband and wife; RICHARD C. MARTIN and
t WILMA 5 . MARTIN, husban~ an<.I wife, and GEF~LD D.
I
HARTERT and JUQJTH A. HARTERTl husband .arid vylfe( o! the Coon.t y ryf Garfie d and State o
...... ,, ":
Colorndo, of the first part. an<l JOHN H. JACOBSEPI . . ..... ~~~~~~~~~~-~
. . r·::3~~/.:{~:2·~~J,~~¥:~1~~~
of th~ County of · · Pitkin --and State of Colorado. of the ilecond part;.. ~-•'w.<. -~'""; .. ·. ,.. . >· ... ;. .0i~~~k(·?:'.;~~~:~~{:t:~J;f~f}.~<~L~· . .
WITNESSETH, That the uld part les . of the fir: ct part.· for lUld in CCJlSlderation of the mm o! ~
TEN ooLLARs ANo oTHER ·c0c>I:» ANo'v ALuAei.e ·coNsi'oe.AAT;of.i!;)Ic~~i~-~i · · · · ·'' ~· '"f~;:::r~;;,:i''
to the said pnrt les Of the first part in hand paid IJy the Mid party · of . the l!P.Cond part. the f . ·. ·,. · .. ,, .. ':·Ji ·:.
receipt whereof ls hereby confesse<l and aeknowledl('cd, have granted, bargained, sold nnd conveyed,··'-
' ~ncl~.by these pr_esc :i ts,do ~nt, barirnin, !!ell, c~n v e ~r and confirm unto the !ni.d ~ ~. o! t·~: f~
!lecond part, h Is • heir!! nnd assigns forever, nil the !ollC<\Ving de~r.ribed lot or parcel o! rand,~
situate, lying and being in the County of Garfield and Stnte of Colorado,.:>
to.wit:
A parcel of land being a part of Lots 8 and 9 of Section 34 and part of
Lots 4 and 10 of Section 35 all In Township 7 South, Range 88 We st of the
Sixth Principal Meridian, said parcel of land Is d'!scrlbed 11s follows :
Beginning at a point on the Westerly line of said Lot 8 whence the Witness
Corner to the South Quarter Corner of said S e ction 35 bt!ars : S . 53° 30°43"
E. 4278.58 feet; thence East 1393.08 feet; thence South 1195.59 feet to a
point on the Southerly llne of said Lot 10; t h ence N. 88°50°48" W. along the
Southerly llnes of said Lots 9 and 10, 1410 .00 feet to the S o uthwest Corner
of said Lot 9; thence N. 00°49 100 11 E. along the Westerly I Ines of said Lots
8 and 9, 1167.33 feet to the point of beginning .
Together with non-exclusive roadway and ut i lity access to and from said
tract of land to and from the County Road lying Southerly thereof, over and
acros!'i the roadway presently constructed and In place .
Together with a 1.2/4.3 proportionate Interest In and to the Slough Ditch and
Banning Lateral, being Ditch No. 193, and the 4 . 3 cubic feet of water per
second of time adjudicated thereto under Pr iority No. 274 .
No. 8 32. "'"A.RRA~T Y P RF.D .-B~df'or-d Pubtl1hla1 Como-a>. 18:?4-U Stou t StM"f't. O.-n ... ff , Col tt ni d ~1 ·7 1
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EXCEPTING, a fifty (SO) foot easement and right-of-way for roadway access,
utilities, pipelines and ditches over and across the Westerly fifty (SO) feet,
of even width, of the above described tract of land. ·,· · "·
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TOGETHER with all and singular the hereditaments and appurten ances thereunto belonging, or
In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof; and ·nil the estate, right, title, interest, claim and d emand whatsoever, of the said
parties of the flrllt pnrt either in law or equity, of, in and to the nbove bargained premises, with ·
1,he hcrcditaments and nppurtennnces.
TO HAVE AND TO HOLD the said premises above bargninc<l an<l described, with the appurte-
nanccs unto JOHN HUEBINGE:1, JR.
the Mid pnrt y of the second part, h Is heirs and assigns forever.
Andthc~nid JOHN HUEBINGER, JR. and DOLORES J. HUEBINGER, husband and
wife; RICHARD C . MARTIN and WILMA S . MARTIN, husband and wife ; and
GERALD D. HARTERT and JUDITH A. HARTERT, husband and wife
part les of the first part,
their for them Reives I he irs , executors and administrators , do covenant, g rant, bargain and agree
to an<l with the ~nid party of the second part, his h ei r~ a nd asRigns, that at the time of the
c n ~e aling a n<l 1lclivery of thcRe pre se nts they ar e well seized of the premises ahove c on~
:I veycd , ns of good, sure, perfect, ah~olute and indefeagible estate of inheritance in law, in f ee si mple;
i\
'\ and hn vc goml right, full power and lawful authority to grant, bargain, ~ell and convey the same in
II' manner an<l form afnre~nitl, nnd that the same are free and clear from ail forme r and other grants,
\ hnq~:dn~. ~nle~. li <'n ~. ta xes , n sses~ments and incum brctnccs o f whntevpr kind or nature soever ,
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and the above bargained premises in
the quiet and peaceable possession of the said part y of the second part, his heirs and Maigna,
airalnst all and every person or persons lawfully cl a im ing or to claim the whole or any part thereof,
o! the first part shall and will WARRANT AND FOREVER DEFEND.
I
. the 11ald part les
. IN WITNESS WHEREOF, The said parties of the first part have hereunto set the Ir
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and aeal s
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: Judith A. Hartert, wife
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The for ~goin g ins trument was acknowledged befo re me thi s 29th day of January
If l!l 76 , by• John H uebinger, Jr. and Dolores J . Hucbinge r, husband and wife ;
ol !!!chard C . ~a~tin a~d Wj'mci S. Martin , husba~nd and wife .and G e rald D . Ha_rt_~:-t and
,1 l\[y cornm issio n exp ires ud1thA . Harte rt, huab an d andw 1fe. .··. i:r. ...
i Ju I y I , 19 7 8 . c-S -'-' ' , ·
Witness rny hand and off ici a l seal. _::,,_~:-'.' .>.,. v c· ~ ~·
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