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TOWN
OF CARY,
NORTH CAROLINA
REQUEST FOR REZONING
STAFF
RECOMMENDATION TO
TOWN COUNCIL
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Rezoning
Petition:
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04-REZ-26 (Swift
Creek
Activity
Center
Expansion)
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Meeting
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Date
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Staff
Recommendation
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Action
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Town Council
Public Hearing
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December 9, 2004
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Forward to the
February 21, 2005
Planning and Zoning Board meeting
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Forwarded to the
February 21, 2005
Planning and Zoning Board meeting
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Planning and
Zoning Board
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February 21, 2005
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Staff recommends
forwarding the request to the Town Council with a recommendation for
approval
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Planning and
Zoning Board voted unanimously to forward to Town Council for
approval
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Town Council
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March 10, 2005
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Staff recommends
approval of the request
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Town
Council unanimously approved the request
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TOWN
OF
CARY
CASE MANAGER
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Beth Lewis, Senior
Planner
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Phone:
(919) 462-3944
Email: beth.lewis@townofcary.org
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STAFF
RECOMMENDATION
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Staff
recommends approval of the request to extend the Swift Creek
Activity Center Overlay and to change the
Activity
Center
designation from
Neighborhood
Activity
Center
to
Community
Activity
Center
. The request meets the
approval criteria set for in Sec. 3.4.1(E) of the Land Development
Ordinance. Specifically:
- The
proposed rezoning is consistent with the Comprehensive Plan.
This rezoning action is recommended in the Southeast Area
Plan, Chapter 4, Section 4.2, Task 3 as a tool for
implementation of the Plan.
- The
proposed rezoning will not have significant adverse impacts on
other property in the vicinity of the tract.
The requested rezoning will permit the development and
redevelopment of property within the
Activity
Center
in compliance with the Comprehensive Plan.
The Activity Center Overlay encourages cohesive
development of an area, helping to limit disjointed, strip-type
development that may adversely impact neighboring properties.
- The
proposed zoning classification is suitable for the subject
property. This
rezoning request implements the Comprehensive Plan as adopted.
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APPLICANT
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OWNERS
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Town of Cary
,
NC
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Hubert Earl Woodard
Jr. ETAL, Robert L. Hamilton, Gary and Edith Meyers, James Rogers
and Kattie Brown, Lonnie Charles and Kathryn Beck, Marie Woodall, J.
Harold Tharrington, L.L. and Marie Woodall, Jr., Stephen and June
Mangum, Macedonia United Methodist Church,
J. B. Harrison
Properties LLC, WMK Investment Group LLC,
Animal
Care
Center
at Swift Creek,
Carlton
Ray Nichols ETAL, Mimosa Properties,
John and
Lorraine
Kane, The Fidelity Bank,
Jesse C. Morris,
Jr.,
Campbell
Investments of NC LLC, David Campbell,
Carlton
Lee and Margaret M. Campbell, Sarah O. Tuet Jones, Nancy and Donald
Piper, Joseph and Ella Thompson, Jerry M. Turner ETAL, Joseph
Thompson and William Paul Brewer III, Laura Woodall Heits, Marie
Hosfield, Exec., Rildia Pritchett, David Stephenson, Swift Creek
Rural Fire Department Inc., Realty Income Corp., Colonial Baptist
Church of Cary, Inc., Trustees of Macedonia Methodist Church,
Russell Jones, Franklin Family Partnership, Linwood and Rhonda
Hamilton,
Carlton
and Cora Ashby
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LOCATION
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MAPS
& DOCUMENTS
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In
the area of the intersection of
Tryon Road
and
Walnut Street
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Town
of
Cary
Vicinity
Map
Town
of
Cary
Zoning
Map
Town
of
Cary
Land
Use Map
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PROJECT
DESCRIPTION
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This
request extends the boundaries of the Swift Creek Activity Center
Overlay District, and changes the scope of the
Activity
Center
from
Neighborhood
Activity
Center
to
Community
Activity
Center
on the Zoning Map. Concurrently,
this rezoning requests amendments the boundaries of the Crossroads
Regional Activity Center Overlay District so that it does not
overlap with the expanded Swift Creek Community Activity Center
Overlay District. These
actions are recommended implementation tasks contained in the
recently-adopted Southeast Area Plan (Task #3 in Chapter 4 of the
plan).
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APPLICANT’S
JUSTIFICATION STATEMENT
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This is an area
identified on the Southeast Area Plan as the expanded
Swift
Creek
Community
Activity
Center
. This rezoning
accomplishes the following:
- Installs
the Swift Creek Activity Center Overlay District designation
onto the properties that were outlined for such change in the
Southeast Area Plan.
- Amends
the
Swift
Creek
Activity
Center
from a
Neighborhood
Activity
Center
to a
Community
Activity
Center
.
- Amends
the boundary line of the
Crossroads
Regional
Activity
Center
to facilitate the expansion of the
Swift
Creek
Activity
Center
.
This
rezoning request changes the zoning map to facilitate the
implementation of the Southeast Area Plan in the area of
Tryon Road
and
Walnut Street
.
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PROPOSED
ZONING CONDITIONS
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None
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EXISTING
LAND USES ON SUBJECT PARCELS
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The
current land use includes a mixture of vacant land, single family
residences, office uses, fire station, church, shopping center,
plant nursery.
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EXISTING
& PROPOSED TOWN OF
CARY
COMPREHENSIVE PLAN DESIGNATION
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Current
Land
Use Plan Designations:
The
entire subject area is recommended to be a
Community
Activity
Center
in the
Southeast Area Plan. The
specific land uses recommended within that activity center include:
NW
Quadrant: Mixed
Use
SW
Quadrant: Institutional
NE
Quadrant: mix
of High-to-Medium Density Residential, Office/Institutional, and
Commercial
SE
Quadrant: mix
of Commercial, Institutional, Office/Institutional, Mixed Use, and
Medium Density Residential
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Proposed Land Use
Plan Designations:
No
change.
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EXISTING
& PROPOSED ZONING
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Current
Zoning: The
zoning includes Residential 40 (R-40), Residential 12 (R-12),
General Commercial (GC), and General Commercial Conditional Use (GCCU)
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Proposed
Zoning: The
zoning will remain the same. An
Activity Center Overlay will be added to the properties.
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ADJACENT
EXISTING LAND USES, ZONING,
and LAND USE PLAN DESIGNATIONS
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Existing
Use
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Existing
Land Use Plan Designation
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North:
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Centrum
Shopping Center
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General
Commercial Conditional Use (GCCU) and Regional Activity Center
Overlay District
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A
mix of Commercial, Office/Institutional, and Medium-to-High Density
Housing
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East:
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Vacant
property
Single-family
residences
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Residential
Multi-Family (RMF)
Office
and Institutional (O&I)
The
remainder is in
Wake
County
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North
of
Tryon
Rd.
:
Residential
and Institutional in
Raleigh
’s Plan
South
of
Tryon
Rd.
:
Office/Institutional, Institutional, Park, and Medium Density
Residential in
Cary
’s Urban
Services Area outside
Cary
’s ETJ;
Low
Density Residential in
Wake
County
’s planning
area.
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South:
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Vacant
property
Single-family
residences
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Residential
12 (R-12)
Residential
40 (R-40)
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Low
and Low-to-Medium Density Residential
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West:
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Single-family
residences
The
Lodge at Crossroads apartments
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Residential
12 (R-12)
Residential
8 (R-8)
Planned
Development District (PDD) Major
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South
of
Tryon
Rd.
:
Low
Density Residential;
North
of
Tryon
Rd.
:
Medium
and High Density Residential and Mixed Use
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PLANNING
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Comprehensive
Plan Analysis
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The
requested rezoning is in conformance with the recently-adopted Southeast
Area Plan (see Chapter 2, Section 2.2). In fact, the requested
rezoning is recommended as implementation tasks to be undertaken
following adoption of the Southeast Area Plan. (See Chapter 4,
Section 4.2, Task #3.)
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PARCEL
& OWNER INFORMATION
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Property
Owner(s)
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County
Parcel
Number
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Real
Estate ID(s)
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Area
(Acres)
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Hubert Earl Woodard
Jr. ETAL
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0772579245
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0079316
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43.76
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Robert L. Hamilton
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0772685197
0772676717
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0027984
0079094
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2.17
0.94
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Gary and Edith
Meyers
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0772772667
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0079093
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0.55
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James Rogers and
Kattie Brown
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0772773650
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0009052
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0.87
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Lonnie Charles and
Kathryn Beck
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0772773450
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0079305
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1.35
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Marie Woodall
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0772775471
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0079297
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1.03
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J. Harold
Tharrington
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0772677283
0772678504
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0143469
0083276
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9.71
0.23
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L.L. and Marie
Woodall, Jr.
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0772772135
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0090851
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4.65
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Stephen and June
Mangum
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0772775003
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0092027
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2.01
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Macedonia
United
Methodist
Church
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0772764706
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0090506
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6.78
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J.B. Harrison
Properties LLC
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0772860681
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0232221
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1.56
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WMK Investment
Group LLC
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0772860877
0772863936
0772863842
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0108119
0232224
0232223
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1.75
0.97
0.61
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Animal
Care
Center
at Swift Creek
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0772863544
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0232222
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0.98
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Carlton
Ray Nichols ETAL
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0772769393
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0125861
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0.56
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Mimosa Properties
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0772861200
0772769105
0772756633
0772851834
0772759211
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0214226
0214225
0179119
0184044
0143642
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1.21
1.00
9.29
0.83
4.21
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John and
Lorraine
Kane
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0772767078
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0214224
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0.58
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The Fidelity Bank
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0772755914
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0184045
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0.72
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Jesse C. Morris,
Jr.
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0772841927
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0049173
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0.46
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Campbell
Investments of NC LLC
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0772749841
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0011168
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4.39
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David Campbell
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0772749662
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0011141
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1.29
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Carlton
Lee and Margaret M. Campbell
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0772749570
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0011145
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1.98
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Sarah O. Tuet Jones
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0772649747
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0037033
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12.55
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Nancy and Donald
Piper
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0772657142
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0164040
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1.19
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Joseph and Ella
Thompson
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0772753218
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0164037
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10.39
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Jerry M. Turner
ETAL
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0772659564
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0094744
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0.64
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Joseph Thompson and
William Paul Brewer III
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0772752523
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0159893
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1.43
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Laura Woodall Heirs
Marie Hosfield, Exec.
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0772752763
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0079281
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2.26
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