HomeMy WebLinkAbout1983-09-20; City Council; 7500; QUITCLAIM OF WATERLINE EASEMENT AND ACCEPTANCE OF DEDICATIONQ tbJ =;r 01 05 n, 0. .;I
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" CIT~F CARLSBAD - AGEND~ILL
00 TITLE: DEPT. AB# 7.T
MTG, 9/20/83 AND CITY A
CITY l\i DEPT.-m: __ ACCEPTANCE OF DEDICATION
QUITCLAIM OF WATERLINE EASEMENT
RECOMMENDED ACTION:
Adopt Resolution No.7350 quitclaiming the City's interest in a
portion of an existing easement in the City of Oceanside, and authorizing the Mayor to sign for the City.
Adopt Resolution No. 7351 accepting an easement for waterline
purposes on a portion of Crouch Street in the City of Oceanside.
ITEM EXPLANATION:
A request to quitclaim an existing waterline easement was made by
DaubneyawdBanche Law Offices in behalf of the property owner Tom
Weese. The old deteriorated waterline has not been utilized by
the City of Carlsbad for several years. The property owner has
granted the City of Carlsbad another easement on Crouch Street,
for the City's future use if needed.
The City Utilities Department was notified and responded that they
have no objection to the vacation.
FISCAL IMPACT:
None
EXHIBITS :
1 .,' Location Map
2. Letter Requesting Quitclaim
3., Quitclaim Deed for old easement
4. Grant Deed for new easement
5. Resolution No. 7350 quitclaiming the City's interest in a
portion of an existing waterline easement in the City of
Oceanside, and authorizing the Mayor to sign for the City.
6. J Resolution No. 735/ accepting dedication of waterline
easement on Crouch Street in the City of Oceanside.
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LAW OFFICES OF
DAUBNEY AND BANCHE
PROFESSIONAL C09=OaATlONS WILCIAV H DAUBNEY AREA CC
702 FOURTH 5-REET TELEPHONE NICHOLAS C BANCHE
cfi?\ 2;
52 ~&:~ j
POST OFFlCE 53X 390
ncwNsInz. CALIPC~INIA 32054
7r I'L d-ek L 31, 91 1 LJQJ QO? :---: c/ I., I
$4, I 1. I ?. a,...! APR25 -1583 yyf
City of Carlsbad ?qys
Vincent F. Biondo
City Attorney
1200 Elm. Avenue Carlsbad, Calir'ornia 92008
Dear Vince:
1 represent a gentlemen by the name of Tom Veese
who has apparently been in contact with a Mr. Larry 'Flylie of the City of Carlsbad.
Apparently rhe City of Carlsbad has succeeded to
two easemmts granted to the Sauth Coast Land Company
in 1914 which easements affect property orm-ed 3y Mr.
Weese.
I enclose a copy of First American's ci~le polLzy
which indicate the easenents 22 question as items 2 and
3.
Mr. FJylie and Mr. Weese have apparently corne to zn
ereby Mr. Weese wculd grant a net4#
o$jg~;$~~~*-~ edicating to .th
Oceaiiside for purposes of extending Crouch Street - The
it holds .. C<ty of Carlsbad ~ould then abandon the two easements vhi
I hasten to add that it is my belief that the 'City o Carlsbad is not presently using either easement, and it i
unlikely that they -c.rould use i~ in the future, but even
if they should, the easement to be substituted upon the
grant o€ Weese satisfies the City of Carlsbad's requireme
I' provide you witli. a doculent designated as Exhibit
"A" r-~hich graphically depicts the new easement: marked in ye1101.7 and the easements to be vacated marked in red.
I deliver this ne97 Grant of Easement to yo11 in the
nature of a trust and. authoriaz you to record same when you are in a position to deliver your Ci~y's vncztion of
the existing casement. I would .~SSU;T.C thzt r..~ can acco~~ the foregoin; within sixty (GO} dzys, 'In tlic cvcnt: t11;i.t 'i
cz:nnot, or in the event that the City cho0:;c.s not to, pic
rcturn the Grant of Easement: to me at the cnrl of tlxjt l>ci
or before.
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Vincen~ F. Biondo
March 31, 1983
Page TKO
Should you wish to discuss this matter, please do not
hesitate to call.
Personal rear ds ,
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CitTp Cle ,city of Ca sbad
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AND VWLN rrC0RD.D MAIL 10
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NOW CITY OF CARLSBAD
sm 1200 ELM AVENUE
CiW &
*ddmr CARLSBAD, CA 92008
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CITY OF CARLSBAD wolu
una. 5- 1200 ELM AVENUE
1983 OCT -5 t.! 3: 27
ULIV I r k>‘y (!
SPACE ABOVE THIS LINE FOR RECORDER’!
1485 e
EXHIBIT "A"
Those portions of the 20 foot waterline easement recorded March 14, 1915, in
672, Page 362 in the Book of Deeds that is located within the following desci
property.
All that portion of Tract 54, HOTALING LANDS, San Diego County, State of Cal
as shown on'Map thereof No. 1717, filed for record April 16, 1921, in the Of
the Recorder of said San Diego County, described as follows:
Beginning at a concrete monument marking the Point of Intersection of the
prolongation of the Northeasterly boundary line of said Tract 54 with the ce
of Grandview Street; thence North 35'11'45''' West along said Northeasterly b
line, a distance of 325.85 feet, more or less, to the North line of said Tra
boundary line of said Tract 54, a distance of 1155.50 feet to the Point of
Intersection of said Northerly boundary line with the Southerly line of the
A.T. & S.F. right of way, (Record South 89'37'49'' West, 1144.65 feet); thenc
59"51'30" West along said Southerly right of way line, a distance of 847.29
(Record South 59'49'15'' West) to a point; thence South 27'57'25'' East, a dis
1499.34 feet to a point in the center line of Grandview Street; thence along center line of Grandview Street the following courses and distances:
First, along the arc of a curve, concave to the Northwest having a radius of feet through a central angle of 78'21'10", a distance of 351.18 feet to a PO reverse curve; Second, along the arc of a curve, concave to the Southeast ha
radius of 865.94 feet through a central angle of 38"13', a distance of 577.5
a*point; Third, North 42'27' East, a distance of 300.00 feet to the Point of
Intersection of the center line of Ridgeway Street with the center line of G
Street; Fourth, North 54'48'15'' East, a distance of 884.87 feet, (Record Nor
East, 885 feet) to the Point of Beginning.
EXCEPTING THEREFROM that portion lying within Grandview Street -
(Record North 35'12' West, 326.02 feet): thence South 89'48' West along the
Also that portion of the North Half of the Northeast Quarter of Section 25,
11 South, Range 5 West, San Bernardino Base and Meridian, in the City of Oce
County of San Diego, State of California, according to United States Governn
Survey approved December 27, 1870, lying Southerly of the Southerly line of
of way of Escondido Branch of Atchison, Topeka & Santa Fe Railway, and Westc
the Westerly line of that certain street described in the Deed from William
et al, to the City of Oceanside, dated August 1, 1933, and recorded August 2
in Book 237, Page 74 of Official Records, in the Office of the County Recorc
Diego County, and commonly known as Crouch Street.
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Recording Requested 3y;
City Clerk, City of Carlsbad
When Recorded Return To:
City Clerk City of Carlsbad
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1200 ELn Avenue 1 Carlsbad, CA 92008 1 1 /-I i
GRANT OF EASEMENT .i
.j i 1 FOR A VALUABLE CONSIDERATION, receipt of which is here
acknowledged, the undersigned, THOMAS D. WEESE, Trustee, do
hereby grant to the CITY OF CARLSBAD, a municipal corporati
of the State of California, its successors or assigns, a
perpetual easement and right-of-way for, and the right to c
struct, repair, replace, operate, maintain, and use a certa
pipeline, aqueduct and conduit, for the purpose of establis
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a water line and appurtenances and appurtenant work in, on,
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r‘ I under and across thac certain real property situate in the
City of Oceanside, County of San Diego, State of California
and more particularly described as follows:
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See Exhibit “A” attached hereto
together with the right to enter upon, and to pass and
repass, over, along and beside said easement and right-of-h
and to deposit tools, inplements and other materials thereo
by said CITY OF CARLSBAD, its officers, agents, employees,
successors or assigns, or by any contractor, his agents and
employees, engaged by said CITY, its s~ccessors or assigns,
whenever and wherever necessary for the purposes above set
forth.
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4 i 1 1 I WITNESS my hand and seal this 5 day of &d , 1
rF,&- ,-- 1 8s. ‘.ddLL- F 4
I THOMAS D. WEESE, Trustee T-- 1
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x f2r WArER LBNE EP&$561$6
iN A PORT/OpY OF cec;
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.1 v . .. 1. *. j .. ALL T!I,1T PORT1O)i' 8.' TRACT 54, l!Cl IALIFII; LA;ii)S, ACCUiiU[p[G
SI\N DIEUO, STArE EF CALIl'U2~~IA AS FILED IPi TtfE fIECI;f:DER
pfl [t T I C U L ARLY 0 f SC K I Fi E[) 'is F 0 L L 011 S :
EIEGIXBINC AT Pi FOI:lT OF INTiRSECTIohi OF THE SOUTtiEASTE!!
RAIi.\jAY UITf1 TIlE CENTERLINE OF 7II?tT 5D FOOT STRIP OF
PACE 7k OF OFFICLPiL RECORDS DUED AUGUST 23, 1983, A><D
HECDKDS DATED OCTOOER 17 9 1333; T~~'iNCE SUUT\\'ii€ST~T,~Y
TtlE T::GE POINT DF BEGINNING; THENCE CONTINUING AL.ONG
1EAVIl:G SAID 5CUTH;ASTERLY RIGHT Or' tJAY SOUTtl 46 19 124'
To fl;'sP KO, 1717, If! TtIE CITY LiF OCE?i!!SIDE, COUXIY OF
1. OFFICE OF SAID cowry ON nPRI:- 16, 1~21, GEIEIC ~IORE I 'I . [IIGHT OF \IAY 0' TIIE ATcIlISOb:, TOPEGA AblD SPJJTA FE
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LAND BElXC UESCRIl;EO XN DUCUf-IE>ZT 310. 37262, lJool< 207,
DOCUi!EI!T FjO- 47290, BOOK 239, PAGE 376 OF OFFICIAL i
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/1 r j ALONS Si'.ID SOLlTHEASTE[~LY RIGIIT OF \-JAY 26.02 FEET TO
SAID SSLiTt1EASTERLY RIGHT OF \,JAY 15- 61 FEET; T{[EP:SE
EAST 172.32 FEET; THEFICE SOrJTi! 49°1G'38" EAST 134.05
-' . '. . RADIUS CURVE COI\!CHVE VESTERLY, A RADIAL LIKE TO SAID
FEET TD TCIE EEGIEI.\III':G OF A €:02!-fAt'!CFST 270.00 FOOT - '1 .
- .- P~INT BEARS Pirxm ~~40~36:~ EAST; THENCE- SOU.~HEAS.TE.R~Y: 1 . _.
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i. 5UUTIIEP.L~ ANI) SOIITil!iESTERLY ALONT; TilE A?& OF SAID . -
CURVE THROUGH A CEEITRAL ANGLE OF 78"04'04'' A DIS7A?~[CE
s/ OF 367.89 FEET; TiiENCE TANGENT TO SAID CURVE SOUTH 31°4&a~;0r1 HEST 340-29 FEET TC TtfE BEGINNIl'il; UF A : .
TANCEPiT 408-15 FOOT RADIUS CURVE CONCAVE NORTH!IEST€cLY
THENCE SOUTil!;lESTERLY AND WESTERLY ALO.'IG THE ARC OF SAIi CURVE THROUGH A CENTRAL ANGLE OF 26°13'25" A DISTANCE
57°58c0S" WEST 38.31 FEET TO THE BEGIXNINE: Of A TANCEN'
VESTERLY, SOUTkI'UIESTERLY AND SGUTHERLY ALONG THE ARC
DISTANCE OF 3El.l& FEET; YHENCE TANGENT Vli SiiiD CL'RVE
f .,
.. OF 186.81 FEET; THENCE TWGERT TU SAID CUREE SOUTH
.. 1 .' 230.2& FOOT RADIUS CURVE CONCAVE EASTERLY; TiIERCE
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OF SAID CURVE Tiii<ollcbi A CENTRAL ANGLE OF 9t:os~~s1~r A
. - . 'SOUTil 34"52'h5" EAST 57.83 .FEET TO TilE BEGTIblfb!fG OF . A TANCEHT 21 -40 FGclT RADIUS CURVE CCXCAYE I:ES:ERLY;
i
i. THENCE SOUTtlERLY Ai90 SOUTtL!.JESTERLY ALO?!G THE ARC OF . -.
SAID CLIKVE rmuuc:i n CENTRAL ANGLE OF ~7~07~~~17 JO Fr
DISTANCE aF 213 FEET TO A POINT OF CUSP UIW A
TtmcE RON-RADIAL TU SAXO CURVE FIORT~I 36"sz:46r~ wsr
-TAPJCEiJT 895.94 FOOT RP'DIIUS CUEVE CONCAVE SOUT!IE/'iSTERLY
THENCE NORTHEASTERLY ALONG TtlE ARC OF SAID CURVE THr?OU
A CENTRAL ANGLE OF Dlu52'04" A DISTAXCE OF 29.21 FEET;
6U.35 FEET TU TtIE BEGINNING OF A TANGENT 215.24 FOOT RADIUS CURVE COI'ICAWE EAlSTERLY; TffENCE NORTtlERLY,
RORi!iEASTERLY AND EhS lERLY ALONG TllE ARC OF SAID CURVE
35S.3). FEET; TlIEPiCE TANGENT TO SAID CUKVE b!flRTf-I
5.7.58'05" EAST 30.31 FEET TO TtIE DECINNING OF A TANGEEIT rr23.15 FOOT RADIUS CURVE COXCAVE PJORTHIIESTERLY
TtlEKCE EASTERiY AND NORTtIEASTERLY ALONG THE ARC OF SAID CURVE TIIROUGtI A CENTRAL ANGLE OF 26°13'2S" A
DISTAi<CE OF 193.07 FEET; TilEC!CE TANGENT TO SAID CURVE NOllTtl 3~0f~f~ifLo1r EAST 340.29 FEET TU TtIE t3ECINNIli'G OF
A TP.>:CENT 205.00 FOOT RADIUS CUFlVE CO.\:C:bVK l.!ESTIIRL.L';
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.. . _.-....._ _I . ___ rT.. ~ . .. .. . _. ... .- - .. . ~ - ... -
- TtlRUUCti A CENTRAL AFiGLE OF 9f~~5C'Sl." A DISTAPICE OF
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ti . , Til E:i c E N GI! -I :IF 9, s T E f1I-Y , N Of: Ti I [I f: L Y Abi d t:uI! f t !!I Es r El{ 1. Y i\ 1.0)
TIiE-ARC OF SAID CURVE Ttlt:flUC!i A CE:EITIIAL AXGLE Or -73['U1 A DISfr,>:CE OF JoO.7/2 FEET;
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I i CUR?'F: Iu'ORTI! f:i, 17'24" h'ESf 111.53 FECT; TIlEELCt SO!IT!l
TiiEblL'E TA3CENT TO SA19
89"31157f1 IJE5f 6.3tl FCET TO A P[IIb!T ON TilE \,!CSTECi..Y RICIIT OF \I,lY OF SAID CEltTAIi; 38 FUOT 5TIlIi' Uf- Ln?:Ll
SAID PUIP!T DEIFIC A POINT ON TkiE AftC OF- A 236.37 FOOT [{I\o[US CI][:uE CQI';CAVE NnRTt!EAsTEr(LY; TIIENCE Kul: FIlKES rcl p,Lnqc TIIF. Ar(C UF SAID CL!RVE Ti!i<O!jt;tl A CEP:TRI\.!. Al\!CI.E I!' .12°2~ijg1* A DISTA:ICE OF 51. 35 FEET; THEFiCE rn;.;G;:Kr TO
SA[[) C[II:VE tiu?rIi 46'117'24" \.JEST 135.26 FEET TO THE
I i i i ,i TfiUE fOl;!T OF U1F:C;INi~lINC;-
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RESOLUTION NO. 7350
A RESOLUTIOI:: OF THE CITY COUNCIL OF THE CITY OF
CARLSEAD, CALIFORNIA, QUITCLAIMING AN INTEREST IN AN
EASEMtnlT OVEK A PORTION OF TRACT 54 OF COTALING LANDS IN THE CITY OF OCEAfdSIDE
WHEREAS, a waterline easement over a portion or' Tract 54 of
tiotaling Lands in the City of Oceanside was dedjcated to the City of
Carlsbad per an easement description recorded March 14, 1915 per San
Diego County record book No. 672, Page 362 in the Book of Deeds.
WHEREAS, that water1 ine easement previously dedicated is not
needed and has not been used for the past five years.
NOW, THEREFORE, ZE IT RESOLVED by the City Council of the City (
Carlsbad as follows:
1. The above facts are true and correct.
2. That, pursuant to Section 8333 of Chapter 4, Summary
Vacation, of the California Streets and Highways Code, said easement
referenced above and more particularly described on Exhibit "A"
attached hereto and by this reference incorporated herein, be
sumrnari ly vacated,
PASSED, APPROVED AXD ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held the 20th day of Sep&hr _--
1983 -- by the following vote to wit:
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AYES: Council Plembers Casler, Lewis, Chick and Prescott
NOES: None
ABSENT: Council 14e-.?r Kulchin q-, d' PAL
MARY H. GSLER, Mayor ATTEST: I 1 +&A+ ALET A K. R4UTEIIK NiZ, "C~L-@
(SEAL)
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E XH I B I T 'I A"
Those portims of the 20 foot waterline easement recorded March 14, 1915, ii
672, Pzs? 552 in the Book of Deeds that is located within the following desc property ,
All that portion of Tract 54, HOTALING LANDS, San Diego County, State of Ca
as shown on'Plap thereof No. 1717, filed for record April 1.6, 1921, in the 0 the Recorder of said San Diego County., described as follows:
Beginning at a concrete monument marking the Point of Intersection of the prolongation of the Northeasterly boundary line of said Tract 54 with the c
of Grandview Street; thence North 35"11'45"' Nest along said Northeasterly
line, a distance of 325.85 feet, more or less, to the North line of said Tr (Record Morth 35'12' West, 326.02 feet); thence South 89"48' West along the boundary line of said hct 54, a distance of 1155.50 -Feet to the Point of Intersection of said Mortherly boundary line with the Southerly line of the A.T. & S.F. right of way, (Record South 89"37'49" West, 1144.65 feet); then 59"51'30" West along said Southerly right of way line, a distance of 847.23
(Record South 59"49'1_5" W2st) to a point; thence South 27"57'25" East, a di 1499.34 feet to a point in the center line of Grandview Street; thence alon center line of 'Graiidview Street the following courses and distances:
First, along the arc of a curve, concave to the lorthwest havigg a radius o feet through a central angle of 78"21'10", a distance of 351.15 feet to a p reverse curve; Second, along the arc of a curve, concave to ths Southeast h radius of 865.94 feet through a central angle of 38O13', a distance of 577. a point; Third, North 42"27' East, a distance of 300.00 feet to the Point o Intersection of the center line of Ridgeway Street with the center line of Street; Fourth, North 54'48'15" East, a distance of 884.87 feet, (Record No
East, 885 feet) to the Point of Beginning.
EXCEPTIfiiG THEREFROM that portion lying within Grandview Street.
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Also that portion of the North Half of the Northeast Quarter of Section 25, 11 South, Range 5 West, San Bernardivo Base and Meridian, in the City of Oc County cf San Diego, State of California, according to United States Govern Survey approved DeccwSer 27, 1870, lying Southerly of the Southerly line of of way of Escondido Branch of Atchison, Topeka & Santa Fe Railway, and West the Westerly line of that certain street described in the Deed from Willjam et al, to the City of Oceanside, dated August 1, 1933, and recorded August in Book 237, Page 74 of Official Records, in the Office of the County Recor Diego County, and commonly known as Crouch Street.
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RESOLUTION NO. 7351 -_-
f RESOLUTION OF THE CITY CGilNCIL OF THE CITY OF
__ CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED.
bIHEREAS, TOM WEESE
has submitted a Grant Deed conveying an easement to t
of Carlsbad for waterl i ne pur!Jo
Deed is on file in the Office of the City Clerk; and
WHEREAS, the City Council of the City of Carlsbad has determined i
in the public interest to accept said Deed;
NOLI, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed conveying an easment to
of Carlsbad for waterl ine Pur
hereby accepted.
3. That the City Clerk is hereby authorized to cause the original
be recorded in the office of the County Recorder of San Diego County, S
California, with the appropriate Certificate of Acceptance attached.
I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
Council held on the -_- 20th day of Septmber , 1983 by the follow
to wit:
AYES:
NOES: None
ABSENT: Council Wr.ber Kulchin
Council l!er;lbers Casler, Lmis, Chick and Prescott
9&- d e-&-
MARY H. CdSLER, Mayor ATTEST;
kq - AmAl TE N K RR p-2-
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(Seal)
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1200 ELM AVENUE TELEF
(714) 4 j CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
citp of VCarIs’bab
October 7, 1983
William H. Daubney, Esq.
Nicholas C. Banche, Esq.
P. 0. Box 390
Oceanside, CA 92054
Dear Sirs:
A Quitclaim Deed from the Wty of Carlsbad has been recorded
evidencing the release of a waterline easement to the estate
of Robert A. Weese, Thomas D. Weese, Trustee.
This deed, which was recorded on October 5, 1983, is hereby
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being returned to you. g%KXz* puty City Clerk
KRK/kdc
En closure
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