Title: Non-Exclusive Temporary Easement Agreement
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Permanent Link: http://ufdc.ufl.edu/WL00004002/00001
 Material Information
Title: Non-Exclusive Temporary Easement Agreement
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Non-Exclusive Temporary Easement Agreement
General Note: Box 16, Folder 9 ( SWFWMD - 1997 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004002
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Enclosure #5


Return to:
City of Tampa SWF Parcel No. 13-001-73 1X
Real Estate Division City Numbers: 1040.713R
306 East Jackson St. 5N 1040.715R
Tampa, Florida 33602

NON-EXCLUSIVE TEMPORARY EASEMENT

The Indenture, made this/fd day of d4A/ 1995, by and between the Southwest
Florida Water Management District, a public corporation created by Chapter 61-691, Laws of
Florida, as amended, whose address is 2379 Broad Street, Brooksville, Florida 34609-6899,
hereinafter called the "Grantor", and City of Tampa, Florida a municipal corporation, whose mailing
address is 315 East Kennedy Boulevard, Tampa, Florida 33602, hereinafter referred to as "the
Grantee".

Witnesseth, that the Grantor, for and in consideration often dollars and no cents ($10.00) and
other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt of
which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee, its
successors and assigns, a non-exclusive temporary easement and the right to enter intermittently or
continuously to enter upon, over and across and to use any and all of the lands mote specifically
described in Exhibits "A" and "B"attached hereto and incorporated herein by reference hereinafter
referred to as "the project lands" for the following purpose:

A non-exclusive temporary easement on the project lands as described in Exhibits
"A" and "B" for a period of six (6) months from execution of this easement for the
purpose of construction of Sanitary Sewer Facilities specifically a 36-inch
aboveground untreated wastewater pipeline together with any structures necessary
to operate the pipeline, if any;

To have and to hold unto the Grantee and its successors and assigns for the period herein
described, reserving unto the Grantor the right to use the project lands in any manner not inconsistent
with the rights hereinabove granted; provided however, that the Grantor shall avoid physically
disturbing said untreated wastewater pipeline located thereon in any way without prior written
approval of the Grantee; and subject to the following terms and conditions:

1. The Grantee, its contractors, agents, or employees shall not deposit any fill material within
the project lands without the prior written approval of the Grantor.

2. The Grantee, its contractors, agents, or employees shall not make any physical changes to
the canal, the canal berms, or the canal banks without the prior written approval of the
Grantor.

3. Prior to the expiration of the temporary easement, the Grantee shall restore the project lands
to the condition they existed prior to construction and shall replace, repair and reseed any


Page 1 of4











area disturbed by the Grantee, its contractors, subcontractors and employees during the
construction and shall contact the District's Land Resources Department for final inspection
and approval of same.

4. Upon completion of the construction, the Grantee shall mark the pipeline along the canal
berm area and erect a pipe fan(s) to secure the area at the pipe bridge crossing to deter
intruders.

5. The Grantee's rights to the temporary easement shall be subordinate to the rights of the
Grantor to operate and maintain the canal to accomplish the flood protection benefits it was
designed to provide.

The terms and conditions contained in this temporary easement shall extend to and be
binding upon all parties and their respective successors and assigns throughout the terms of this
temporary easement.

The terms "Grantor" and "Grantee" herein shall be construed to include the successors and
assigns of the respective parties hereto, wherever the context so admits or requires.

In Witness Whereof, the lawful representatives of the Grantor have executed this non-
exclusive temporary easement on the day and year first above written.

Signed, sealed and delivered
in the presence of: Southwest Florida Water
Management District


Attest: 1 By: j U
Sally Th4 pson, SeCretary oe. D s, Jr., Chairman-, .

Approved by Attorney: C_ L _--_
(Seal)

City of T a


Attest: By:
City Clerk ,Mayor

Approved by Attorney.: P
(Seal)


Page 2 of 4









ACKNOWLEDGMENT
State of Florida
County of Hernando


Before me, the undersigned authority, personally appeared Joe L. Davis. Jr. and Sally
Thompson, known to me to be the Chairman and Secretary, respectively, of the Governing Board
of the Southwest Florida Water Management District, who executed and acknowledged before me
that they voluntarily executed the foregoing non-exclusive temporary easement for the purpose
stated therein.

Witness my hand and official seal this T day of J ,1995.


Notary Public O F.CAL "NOTAR' SEAL
State of Florida cc L_. EN K:<
,N.rATCh' ';7C5A, OF FLORIDA
My commission expireS,:,-; ,. c -Z 6s


(Seal)

ACKNOWLEDGMENT
State of Florida
County of Hillsborough


Before me, the undersigned authority, personally appeared c' K ce i
known to me to be the Mayor, respectively, of the
City of Tampa, who executed and acknowledged before me that they voluntarily executed the
foregoing non-exclusive temporary easement for the purpose stated therein.

Witness my hand and official seal this \ day of -C ,1995.


Notary Public
State of Florida
My commission expires:

Ic'i smd Thru Troyd i l. W. 1U 95
Bc.dad Thru Troy Foa niuinc. Inc.
(SeaM


Page 3 of 4









ACKNOWLEDGMENT
State of Florida
County of Hillsborough


Before me. the undersigned authority, personally appeared %ia J. b( 6 Zr )
known to me to be the City of Clerk,
respectively, of the City of Tampa, who executed and acknowledged before me that they voluntarily
executed the foregoing non-exclusive temporary easement for the purpose stated therein.

Witness my hand and official seal this /qjday of iMt2 j 1995.


No Public
State of Florida
My commission expires:


(Seal)

GAIL ANITA ANDERSON
Notary Public, State of Florida
No. CC232942
Coimuimio Expire Octobr 1, 106


Page 4 of 4




EXHIBIT "A" .- -;

CITY OF TAMPA R T ," .'," : ACTION
BESC^',' 0 C
RIGHT OF WAY SECTION .a% t 3/i ; .. .r -.-

DEPARTMENT OF HOUSING & DEVELOPMENT COORDINATION

LEGAL DESCRIPTION

Type: Temporary Construction Easement Location: SE 1/4 of NW 1/4

Parcel No.: 715R (3/23/95) Sheet: 1 of 2

BY: J.D.B. Date: 2/2/95 Sec. 22 T 29 S, R 19 E.

Checked: J.H.C. Date: 2/2/95 Project (File) No.: R/W 984.1 ACQ. 1040

Title Information By: American Pioneer Insurance Parcel (File) No.: C.N. 363864
Company/Chelsea Title Co.


THAT PART OF:

A parcel of land lying in the Southeast 1/4 of the Northwest 1/4 of Section 22, Township 29 South, Range 19
East, Hillsborugh County, Florida, being more particularly described as follows:

Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 22, Township 29
South, Range 19 East; run thence S.89055'37"E., along the North boundary of the Southeast 1/4 of the Northwest
1/4 of said Section 22, 130.95 feet to the East right-of-way line of C.S.X. Transportation, Inc. (formerly)
Seaboard Coastline Railroad); thence S.0019'14"W., along said East right-of-way line, 587.17 feet to the Point
of Beginning: thence N.89053'31"E., 100.00 feet; thence S.0019'24"W., along a line 100.00 feet East of
(measured at right angles) and parallel with said East right-of-way line. 701.20 feet to a Point on the approximate
mean high water line on the South side of Palm River (Tampa Bypass Canal); thence S.8923'59"W.. along said
approximate mean high water line, 100.01 feet to said East right-of-way line of C.S.X. Transportation, Inc.
(formerly Seaboard Coastline Railroad); thence N.00019'14"E., along said East right-of-way line, 702.06 feet
to the Point of Beginning, containing 1.61 acres more or less. Lying within the following described boundaries,
to wit:

Two 15.00 foot temporary construction easements lying on each side of a 20.00 foot permanent easement lying
in the Southeast 1/4, Northwest 1/4, Section 22, Township 29 South, Range 19 East, Hillsborough County,
Florida being further described as follows:

Commence at the Northwest corner of said Southeast 1/4. Northwest 1/4, Section 22, Township 29 South, Range
19 East; thence along the North boundary of said Southeast 1/4, Northwest 1/4, Section 22. S.89055'37"E.,
130.95 feet to the intersection of said North boundary of the Southeast 1/4 Northwest 1/4. Section 22 and the
East right-of-way line of CSX Transportation. S.00019'14"W., 568.70 feet; thence S.44040'46"E.. 25.93 feet
to Point "B" and the Point of Beginning; thence S.44040'46"E., a distance of 56.09 feet: thence S.00019'14"W.,
a distance of 667.85 feet;.thence S.89023'59"W.. a distance of 15.00 feet: thence N.00 19'14"E., a distance of
661.88 feet: thence N.4440'46"W., a distance of 60.82 feet to the East right-of-way line of CSX Transportation:
thence along said right-of-way N.00 19' 14"E.. a distance of 2.73; feet thence N.89 53'31 E, a distance of 18.34
feet. to the Point of Beginning.


PAGE 1 OF 5




EXHIBIT "A" -- -

CITY OF TAMPA RIGHT 0Q= WA Y SECTION

RIGHT OF WAY SECTION t. V: c-

DEPARTMENT OF HOUSING & DEVELOPMENT COORDINATION


LEGAL DESCRIPTION


Type: Temporary Construction Easement


Location: SE 1/4 of NW 1/4


Parcel No.:

BY: J.D.B.

Checked: J.H.C.


715R (3/23/95) Sheet: 2 of 2

Date: 2/2/95

Date: 2/2/95


Sec. 22 T29 S, R 19 E.

Project (File) No.: R/W 984.1 ACQ. 1040


Title Information By: American Pioneer Insurance
Company/Chelsea Title Co.


Parcel (File) No.: C.N. 363864


Together with:

Commence at the aforementioned Point identified as Point "B"; thence run N.89053'31"E., a distance of 28.08
feet to the Point of Beginning; thence S.44040'46"E., a distance of 44.68 feet; thence S.00 19'14"W., a distance
of 675.81 feet; thence N.89023'59"E., a distance of 15.00 feet; thence N.00 19'14"E., a distance of 681.78 feet;
thence N.44040'46"W., a distance of 36.12 feet; thence S.89053'31"W., a distance of 21.06 feet to the Point
of Beginning.






Containing 21.663.05 square feet (0.4974 acres), more or less.


PAGE 2 OF 5




EXHIBIT "A"
<. C;TY OF TAMPA "
CITY OF TAMPA RIGHT OF WAY SECTION
F'-i't"- :m r.pr1 ,,P 4-,zn
RIGHT OF WAY SECTION "__-- v_ z

DEPARTMENT OF HOUSING & DEVELOPMENT COORDINATION

LEGAL DESCRIPTION

Type: Temporary Construction Easement Location: Northeast corner of SE 1/4 of NW
1/4 Six Mile Creek & Shore Line

Parcel No.: 713R (3/23/95) Sheet: 1 of 3

BY: J.D.B. Date: 2/2/95 Sec. 22 T 29 S, R 19 E.

Checked: J.H.C. Date: 2/2/95 Project (File) No.: R/W 984.1 ACQ. 1040

Title Information By: Meridian Title Insurance Parcel (File) No.: C.N. 5301-9123917
Company


THAT PART OF:

Commence at the Northeast corner of the SE 1/4 of the NW 1/4 of Section 22, Township 29 South, Range 19
East, now monumented by a found railroad spike, thence S.0020'53"W., along the Easterly boundary line of
the SE 1/4 of the NW 1/4 of Section 22, Township 29 South, Range 19 East, a distance of 505.59 feet; thence
N.89057'24"W., along a line parallel with the Northerly boundary line of SE 1/4 of the NW 1/4 of Section 22,
Township 29 South, Range 19 East, a distance of 15.00 feet to the Point of beginning; thence continue
N.89057'24"W., along a line parallel with the Northerly boundary line of the SE 1/4 of the NW 1/4 of Section
22, Township 29 South. Range 19 East, a distance of 1324.69 feet to the Westerly boundary line of the SE 1/4
of the NW 1/4 of Section 22, Township 29 South, Range 19 East; thence S.01012'03"W., along the
aforementioned Westerly boundary line, a distance of 518 feet, more or less, to the centerline of Six Mile Creek;
thence in an Easterly direction along the centerline of Six Mile Creek as it meanders, a distance of 1355 feet more
or less to a Point 15.00 feet Westerly of the Easterly boundary line of the SE 1/4 of the NW 1/4 of Section 22,
Township 29 South, Range 19 East; thence N.00020'53"E., along a line 15.00 feet Westerly of and parallel with
the Easterly boundary line, a distance of 485 feet more or less, to the Point of Beginning, LESS THE
FOLLOWING 4 TRACTS:

(1) That Portion of the following described parcel which lies between the center line of Six Mile Creek and the
Shore line as established by the Tampa Port Authority, said portion lying North of the center line of the Creek
to-wit: Commence at the Northeast corner of the SE 1/4 of the NW 1/4 of Section 22, Township 29 South.
Range 19 East, now monumented by a found railroad spike; thence S.00020'53"W., along the Easterly boundary
line of the SE 1/4 of the NW 1/4 of Section 22, Township 29 South, Range 19 East, a distance of 505.59 feet;
thence N.89057'24"W., along a line parallel with the Northerly boundary line of the SE 1/4 of the NW 1/4 of
Section 22, Township 29 South, Range 19 East, a distance of 15.00 feet to the Point of Beginning; thence
continue N.89057'24"W., along a line parallel with the Northerly boundary line of the SE 1/4 of the NW 1/4
of Section 22, Township 29 South, Range 19 East, a distance of 1324.69 feet to the Westerly boundary line of
the SE 1/4 of the NW 1/4 of Section 22, Township 29 South. Range 19 East: thence S.010 12'03"W., along the
aforementioned Westerly boundary line, a distance of 518 feet, more or less, to the centerline of Six Mile Creek;
thence in a Easterly direction along the centerline of Six Mile Creek as it meanders, a distance of 1355 feet more
or less. to a point 15.00 feet Westerly of the Easterly boundary line of the SE 1/4 of the NW 1/4 of Section 22,
Township 29 South, Range 19 East; thence N.00020'53"E.. along a line 15.00 feet Westerly of and parallel with
the Easterly boundary line, a distance of 485 feet more or less, to the Point of Beginning;


PAGE 3 OF 5




EXHIBIT "A" .

CITY OF TAMPA 0 '

RIGHT OF WAY SECTIONar t" .K ; /; t t ,

DEPARTMENT OF HOUSING & DEVELOPMENT COORDINATION

LEGAL DESCRIPTION

Type: Temporary Construction Easement Location: Northeast corner of SE 1/4 of NW
1/4 Six Mile Creek & Shore Line
Parcel No.: 713R (3/23/95) Sheet: 2 of 3

BY: J.D.B. Date: 2/2/95 Sec. 22 T 29 S, R 19 E.

Checked: J.H.C. Date: 2/2/95 Project (File) No.: R/W 984.1 ACQ. 1040

Title Information By: Meridian Title Insurance Parcel (File) No.: C.N. 5301-9123917
Company



(2) That part lying within 375 feet as measured at right angles to the following described centerline of the Tampa
Bypass Canal: Begin on the West boundary of said Section 22, 375 feet from the SW corner of the NW 1/4
thereof, said Point being Centerline Station 171+26.72; thence N.89053'31"E., 2069.63 feet to the P.C. of a
curve to the left having a radius of 1000.00 feet; thence along the arc of said curve 506.15 feet through a central
angle 2900'00" to the end of said curve; thence N.60053'31"E., 1967.11 feet to the P.C. of a curve to the right
having a radius of 1000.00 feet; thence along the arc of said curve 503.38 feet through a central angle of
28050'30" to the end of said curve; thence N.89044'01"E., 576.39 feet to the East boundary of said Section 22
at a Point 1112.34 feet South of the NE corner thereof, said Point being Station 277+49.38.

(3) That part lying within the North 530.5 feet of the SE 1/4 of the NW 1/4 of said Section 22, Township 29
South, Range 19 East.

(4) Right of Way for the Atlantic Coastline Railroad (Tampa Southern Railroad).

Lying within the following described boundaries, to wit:

Two 15.00 foot temporary construction easements lying on each side of a 20.00 foot permanent easement, lying
in the SE 1/4, NW 1/4, Section 22, Township 29 South, Range 19 East, Hillsborough County, Florida being
further described as follows:

Commence at the NW corner, SE 1/4, NW 1/4 Section 22, Township 29 South, Range 19 East; thence along the
North boundary of said SE 1/4, NW 1/4 of said Section 22, S.89055'37"E., 130.95 feet to the intersection of
the East right-of-way line of CSX Transportation and said north boundary of SE 1/4, NW 1/4 of Section 22;
thence along said East right-of-way line of CSX Transportation, S.00019'14"W., 25.00 feet to the intersection
of said East right-of-way line of CSX Transportation and the south right-of-way line of Washington Street (50'
platted right-of-way); thence continue along said East right-of-way line of CSX Transportation S.0019'14"W.,
505.50 feet to a Point "A"; thence continue S.0019'14"W., a distance of 38.20 feet to the Point of Beginning;
thence S.4440'46"E.. a distance of 25.93 feet; thence S.89053'31"W., a distance of 18.34 feet to the East right-
of-way line of CSX Transportation; thence along said right-of-way N.00019'14"E., a distance of 18.47 feet to
the Point of Beginning.


PAGE 4 OF 5





EXHIBIT "A" C T. C' O TAM PA

CITY OF TAMPA RI GHT OF WAY SECTION
>" 'i ; : : *> I^')y _
RIGHT OF WAY SECTION Date- -S 3y:. .

DEPARTMENT OF HOUSING & DEVELOPMENT COORDINATION


LEGAL DESCRIPTION


Type: Temporary Construction Easement


Parcel No.:


713R (3/23/95)


Location: Northeast corner of SE 1/4 of NW
1/4 Six Mile Creek & Shore Line


Sheet: 3 of 3


BY: J.D.B.

Checked: J.H.C.


Date: 2/2/95

Date: 2/2/95


Sec. 22 T 29 S, R 19 E.

Project (File) No.: R/W 984.1 ACQ. 1040


Title Information By: Meridian Title Insurance Co. Parcel (File) No.: C.N. 5301-9123917



Together With:

Commence at the aforementioned Point identified as Point "A"; run thence S.89055'37"E., a distance of 20.00
feet to the Point of Beginning; thence S.00 19'14"W., a distance of 30.00 feet; thence S.44 40'46"E., a distance
of 37.35 feet; thence N.8953'31"E., a distance of 21.06 feet; thence N.44040'44"W., a distance of 45.91 feet;
thence N.00019'14"E., a distance of 23.85 feet; thence N.89055'37"W., a distance of 15.00 feet to the Point of
Beginning.











Containing 1197.72 square feet (0.0275 acres), more or less.


PAGE 5 OF 5










EXHIBIT "0"

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Hillsborough River Basin
Tampa Bypass Canal


Temporary Easement
Part of SWF Parcel 13-001-155.1


March 17, 1995


That part of SWF Parcel No. 13-001-155.1, described in the Final Judgement dated July 8, 1968,
civil case no. 157435 (SWFWMD vs. Mildred B. Simms) in the Circuit Court of Hillsborough
County, Florida, described as follows:

Commence at the northwest corner of the Southeast 1/4 of the Northwest 1/4 of SECTION
22, TOWNSHIP 29 SOUTH, RANGE 19 EAST, Hillsborough County, Florida;

Thence run S 89'55'37" E, along the north boundary line of said Southeast 1/4 of
the Northwest 1/4 of Section 22, a distance of 130.95 feet to the east right-of-way line of the
CSX Transportation (formerly Tampa Southern Railroad);

Thence S 00'19'14" W, along said east right-of-way line, a distance of 505.59 feet
to the north boundary line of the aforesaid SWF Parcel No. 13-001-155.1;

Thence S 89'55'37" E, along said north boundary line, a distance of 20.00 feel to
the POINT OF BEGINNING;

Thence continue S 89'55'37" E, along said north boundary line, a distance of 15.00


feet;


Thence S 00'19'14" W, a distance of 24.91 feet;

Thence N 89'55'37" W, a distance of 15.00 feet;

Thence N 00'19'14" E, a distance of 24.91 feet to the POINT OF BEGINNING.

Parcel contains 374 Sq. Ft., more or less.
Bearings are based on the Cit of Tampa Right-of-Way Survey for the Palm River Road Force
Main, Phase 2, project no. R/W 984.1, dated 4/19/91, revised 2/2/95.


REFER TO SHEET 2 OF 2 FOR SKETCH

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

Prepared under the supervision of:' HILLSBOROUGH RIVER BASIN
TAMPA BYPASS CANAL
--._ TEMPORA R Y EASEMENT
Johnny H. Fletcher PART OF SWF PARCEL NO. 13-001-155.1
Florida Registered Land Surveyor No. 2696 SEC. 22, TWP. 29 S., RGE. 19 E. HILLSBOROUGH CO. FLORIDA
Southwest Florida Water Management District DRAWN BY S CHA tECKED: APPROVED-
2379 Broad Street
Brooksville, FL 34609-6899 IOATE OPAWN 3 -17 95 SCA/ r N/A SIEET I OF 2
DWG. NO. 13-001-155XS


__





















DESCRIPTION


NOT A SURVEY


S-PCi'T. OF COMMENCEMENT
NW CORNER OF SE 1/4 OF
NW 1/4 OF SEC. 22-29-19
NORTH BOUNDARY LINE
OF SE 1/4 OF NW 1/4


PERMANENT EASEMENT-\
(SEE SWF OwC. NO. IJ-001-155S) 1
POINT OF BEGINNING -
N 00'19'14"E
24.91'
PROPOSED
PARCEL 813R
N'LY R/W LINE OF TBC
(NOTE 2)

PROPOSED
PARCEL 713 0

I-



SWFWMD PERPETUAL EASEMENT
O.R. 1604, Pgs. 952-954









TAMPA BYPASS CANAL
REFER TO SHEET 1 OF 2 FOR DESCRIPTION


NOQES
1. Refer to Final Judgement dated July 8, 1968,
civil case no. 157435 (SWFWMO vs. Mildred Simms)
in the Circuit Court of Hillsborough County, Fl.
2. Refer to SWF dwg. no. 13-001-155 & 503.
3. Bearings are based on the City of Tampa Right-
of-Way Survey for the Palm River Road Force
Main, Phase 2, project no. R/W 984. 1, dated
4/19/91, revised 2/2/95.
4. Proposed information as shown on Right-of-Way
Survey referenced in note J.
5. Corners have not been set by this Agency.


0'-



C
Or-
o S
^


p^


NORTH BOUNDARY LINE OF
SWF PARCEL NO. 13-001-155.
(NOTE 1)


17


TEMPORARY EASEMENT
374 Sq. Ft.


>~


ii
Ln
^s
-:


.----S 00'19'14"W 24.91'


SWF PARCEL NO. 13-001-155.1
(NOTES 1 & 2)
89'55'J7"W
15.00'
-0- PROPOSED
i 1 PARCEL 713


>- PROPOSED
PARCEL 715


PROPOSED
--PARCEL 815R

PROPOSED
-15' TEMPORARY
EASEMENT


PROPOSED
20' PERMANENT
EASEMENT


/


ACAD FILE: 13001155.DWG


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Prepared under the supervision 'ef: HILLSBOROUGH RIVER BASIN
TAMPA BYPASS CANAL
_, /__ TEMPORARY EASEMENT
Johnny H. flecher PART OF SWF PARCEL NO. 13-001-155.1
Florida Registered Land Surveyor No. 2696 SEC. 22, TWP. 29 S., RGE. 19 E. HILLSBOROUGH CO. FLORIDA
Southwest Florida Water Management District IRAWN Br Bc / i:KI Fr APPROVED
2379 Broad Street
Brooksville, FL 34609-6899 D4rE DRAWN 3 7-95 SCAlE f = 100 SHEET 2 OF 2
DWG. NO. 13-001-155XS


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