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HomeMy WebLinkAboutAM0022Th:) rearonc for the filing of this Potition are : as f0110WO: into single family residential,lot STATE of C! LTL-oRNIA) Ss ccrr-L-_ '�, 01WIGE ) i.�� --i3eroigned, being duly aMrornx dep or•. �.:.-? .,3;J on and all data, informav :-nxpc: ,ts t.-) t-:io best of my iedge and l SOUTW C _ By Petitioner Subsc:.'-bcd and sworn to before me erty to be develops on the day of i9.,_,�. of :�'=�'-'�'�': .:SI.il.i..i �.�..7►�L71'aM1..etiu+u►uysaa.wrcarr.ar+.r........,.......+..............-...—e..�� M�_.���.._�.-....,----- - ZONING kIM _ NO. 22 ist NLQP.ING:--Apra 3L95&2nd MUM' l 3 d; DA'X'E.4-4-5b .� In a.: c, rzeancc lith Section hs amen, ent. as petitioned for above is hereby GR1 NTN, sti'�jcct to all the conditions hereinafter set forth,` and shall bo of no force or cr_"e--�:. w.J.ataaaver tutil such conditions are.raet, .or until satisfactory guarantees and/or e.1dcnca rcou rements are presented and accdOed.. h9reby certifies Vint he has rnad '' has full knowled cx c.;y%itic:ns set forth herein. Signature of Permitee off, and affrees fie all' . _;_.� a - 3F )R DEPAR, N' USE O'0LY V :+ TD!i' ^-S G? PLANNING CSS"ION: —Citz Q3=11 that the -1=2Z as- all2aiM 21Wfati k6 MODS �Qoh ;z A 3AS2 kno - u L' i--iED b,T Planning Commission GRWM) by ° City oun it On the ` day . u....�. S� �h the day of 19.,x, .� of -- S�.~rota'—J lanning Commission City Cl r fi � 51 7 81 9l 10 11 II 12 13� 14 15I I 16� �.7 181 19 20 r 211 22 1. 23� 241 25� 26 27 28 29 30 31 32 aa F; - �'-, v e - e .. and &I 323.92. 1d k;wtb as Book t II Y+ l 5 t i. i olk 13. 19' 20 21 22 1 231 241I 25I 26 27 2B �� 2911 i! 30 " 31 32 z � 19' 20 21 22 1 231 241I 25I 26 27 2B �� 2911 i! 30 " 31 32 THIS DEGLARATIONmade this b HARBOR IMPROVEMENT CO!,•a corporation duly organized and ex sting under and by virtue of the laws of the State of California, hereinafter called the "Declarant". trU T NESSUH WHEREASg Declarant is the owner of the real Property located in County of Orange, State of Califorr.�iag and more particularly described as • or both inclusive in _ County of Oranges State of Califa, as recorded In Book2, page I of Miscellaneous Hapst records of Orange County' California. WHEREAN Declarant before said pS ert is sold desirgs to sub- ject said property to covenants, conditions, y ns restricti reservations and charges bereinafte"r set forth for the benefitofns' said property and of the present and subsequent owners thereof. NOW, THEREFORE DECLARANT DOES HERE D]:-PCLARE AND IMPOSE FOR THE BEIWIT 01 (1) Declarant, its successors, and assigns; and (2) All others hereafter acquiring title to said lots and each of them, as a general plan for the use, occupancy and improvement of %aid lots and each of them those conditions provisions, covenants, r gtrictions9 reservations, and charges hereinafter expressed, which ipso at as they are made applicable to each of said lots (a.) shall apply to and bind the Declarant as and while the ovmer of each or any of said lots and also each and every future owner of each, every and any of said lots, (b) shall inure to the benefit of not only Deelsrant but also of each and every future owner of each, every and any o -r said 10ts; (c) shall run with and be binding upon the land] and (d) may be enforced : )t ., only by DelaranL, but also by any furore owner of each, every or any Of said lots; and said lots are and each of thea shall be held and conveyed upon and subject to the conditions provisions, cotenants, restrictions, reservations and charges herein set forth. The word "Lot" or "Building Site", as u;;ed herein: shall be deemed and construed to refer to any numbered parcel, shoum on said maps of 110; or while held in the same ownership, shall be deemed and construed to refer to (a) two or more adjoining parcels having a common side or side lines, (b) all of one such parcel and a portion or portions of adjoining parcels having a com_witon side line or side lines 9 and (c) contiguous portions of tiro parcels running on the same street and having a combined area -2qual to or greater than the ori Of either of said parcels, and having a total frontage equal l to or greater than the original frontage of eit{;ryr of said pareelp, Said and chargesnowmade applicableFtoessaidcl,otssareraas follo reservations ollowss t0 -Wit: +Y�r DECLARATION CONCMUNG RESTRICTIONS AND IWRO�Er�PdTS �-_L . 3a3a��j THIS DEGLARATIONmade this b HARBOR IMPROVEMENT CO!,•a corporation duly organized and ex sting under and by virtue of the laws of the State of California, hereinafter called the "Declarant". trU T NESSUH WHEREASg Declarant is the owner of the real Property located in County of Orange, State of Califorr.�iag and more particularly described as • or both inclusive in _ County of Oranges State of Califa, as recorded In Book2, page I of Miscellaneous Hapst records of Orange County' California. WHEREAN Declarant before said pS ert is sold desirgs to sub- ject said property to covenants, conditions, y ns restricti reservations and charges bereinafte"r set forth for the benefitofns' said property and of the present and subsequent owners thereof. NOW, THEREFORE DECLARANT DOES HERE D]:-PCLARE AND IMPOSE FOR THE BEIWIT 01 (1) Declarant, its successors, and assigns; and (2) All others hereafter acquiring title to said lots and each of them, as a general plan for the use, occupancy and improvement of %aid lots and each of them those conditions provisions, covenants, r gtrictions9 reservations, and charges hereinafter expressed, which ipso at as they are made applicable to each of said lots (a.) shall apply to and bind the Declarant as and while the ovmer of each or any of said lots and also each and every future owner of each, every and any of said lots, (b) shall inure to the benefit of not only Deelsrant but also of each and every future owner of each, every and any o -r said 10ts; (c) shall run with and be binding upon the land] and (d) may be enforced : )t ., only by DelaranL, but also by any furore owner of each, every or any Of said lots; and said lots are and each of thea shall be held and conveyed upon and subject to the conditions provisions, cotenants, restrictions, reservations and charges herein set forth. The word "Lot" or "Building Site", as u;;ed herein: shall be deemed and construed to refer to any numbered parcel, shoum on said maps of 110; or while held in the same ownership, shall be deemed and construed to refer to (a) two or more adjoining parcels having a common side or side lines, (b) all of one such parcel and a portion or portions of adjoining parcels having a com_witon side line or side lines 9 and (c) contiguous portions of tiro parcels running on the same street and having a combined area -2qual to or greater than the ori Of either of said parcels, and having a total frontage equal l to or greater than the original frontage of eit{;ryr of said pareelp, Said and chargesnowmade applicableFtoessaidcl,otssareraas follo reservations ollowss t0 -Wit: +Y�r 1. -All lots viAai& Tract shall be and a escribed as single family_ residential lots. 2, All lots in said Tract shall be used only for private one - family residences which may if desired, contain two stories in height -and-the'highest ridge or point thereof shall not be over 22 feet above the highest finished grade level of said building location. All res- idences in said Tract must have an aggregate usable floor area (ex- clusive of porches, patios, cellars and garages incorporated in and forming a part of such residential structure) of not less than X11°° square feet and when two-story dwelling, not less than 800 square feet on ground floor. 3. That an Architectural Committee shall be appointed composed of three individuals, at least two of whom shall be appointed by De- clarant, its successors, assigns or its duly authorized agent, or as otherwise provided herein, and one of whom the IRVINE COMPANY, A WEST VIRGINIA CORPORATION, shall have the right to appoint. Said Committee so appointed shall have all the powers, rights and duties as herein specifically set forth. Said Committee is to approve or reject any plot plans, plans or specifications for structures to be erected on the lots in said tract, Lncluding the right to approve or roject ex- terior colors on all buildings and visible roof area. .Any fiction by said Committee may be taken by a majority thereof and members of said Committee may act without a meeting. Should said Committee fail to approve or disapprove plot plans, building plans and specifications filed with it by the owner or owners of any lot within 15 days after such filing, owner of said lot shall notify Declarant in writing. If, within thirty days after such notice, Declarant shall fail to approve or disapprove said plans and specifications, then such approval shall be deemed to have been waived and owner of such lot may thereafter erect thereon such structure as these restrictions permit. 4. No building, fences wall or other structure shall be erected, or altered upon any portion of any lot or building site unless two com- plete copies of building plans therefor and two complete specifications for the erection thereof shall have been submitted to and approved in writing by the Architectural Committee. One copy each of the approved plans and specifications is to be retained by the Architectural Com- mittee for its permanent record and evidence of said Committee's approv- al is to be mailed by said Committee to the Declarant, its successors, assigns or duly authorized agent. The Architectural Committee shall have the right to approve the location of drying and service yards as well as the means taken to shield same from street view. No residence shall be erected with a single wall construction. 5. Declarant, its successors or assigns or authorized agent, shall have the right to remove any member or members of said Architectural Committee so appointed by it and to fill any vacancies caused by such removal, or death or resignation or any other inability to act of any member so appointed by it. Should a vacancy occur in said Committee and Declarant fails, or if aaid vacancy is one that can be filled by The Irvine Company and The Irvine Company fails to appoint a new mem- ber to fill said vacancy within thirty days after written notice to do so by any lot owner in said tract, then in that event, the right of appointing said member of the Architectural Committee shall be vested in the owners of lots in said Tract, and each lot shall be entitled to one vote, irrespective of the number of owners of any one lot, either at a meeting of such owners or in writing without a meeting. 6. Declarant may assign, transfer, delegate and set oygr all of ..2.. r - a .5 as „ , . •;- ; ;-_ its gh� ani per Architectural cantrol a is appointment of �I• bens of the Architectural Committee hereunder to any corporation or asso- .oiation note or which may be hereafter organized, members of which shall -be lot •owpers in said. tract. Said corporation or association shall assume the duties of Declarant hereunder pertaining to the particular 'rights'and powers so assigned, transferred' delegated and set overs and upon such corporation or association evidencing its consent in writing to accept the same and to assume such duties it shall to the extent thereof have the same rights, powers and duties, as are given Declarant herein, 7. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building set- back lines shoum on the recorded plat. In any event no building shall be located on any lot nearer than 20 feet to the front lot line, or nearer than 10 feet to any side street line. No building shall be loc- ated nearer than 5 feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory build- ing located 60 feet or more from the mimi.mum building setback linea No dwelling shall be located on any interior lot nearer than 15 feet to the rear lot line. For the purposes of thi- covenant, eaves, steps, and open porches shall not be considered as a. part of a building provided however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot. Al., <9-,4&d 8. No advertising structures or signs, whether advertising said property for sale or for other purposes, shall be displayed anywhere on said property unless same shall have first been approved by the Archit- ectural Committee. Garbage and trash shall be kept in concealed covered contain- ers and location of sam- e shall be shown on plans submitted to the Arch- itectural Committee. 10. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Invalidat- ion of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 11. No noxious or offensive trade or activity shall be carried an upon the lots in said tract. House trailers, trailers, boats, business and commercial vehicles must be stored within private garages. 12. There shall be no drilling for or production of oil, gas or hydrocarbon substances on any lots in said Tract. 13. No part of a residential lot shall be used for business, pro- fessional or mercantile purposes. 11+. Nothing herein contained shall prevent the erection, mainten- ance and use by Declarant and its agents of tract offices upon any lot in said tract in connection with the marketing of the lots in said tract. 15. That neither Declarant nor The Irvine Company nor said Commit- tee or any member thereof shall be responsible for structural or other defects of any kind or nature whatsoever in said plans or specifications nor in any building or other structure erected in accca,dance therewith. 16. That no machinery, appliance or structure shall be placed, operated or maintained on any building site except as may be usual and customary in connection with the maintenance of a private residence. That no excavation for stone, sand gravel, rock or earth or for any other purpose shall ever be made on any building site unless such excav- ation is necessary in connection with the erection of an approved struc- ture thereon. That no stable, poultry house, or yard, pi.gecn< loft or �h ouse.t beehive or rAW hutch or house, kennel aviary shall be erect - 4d,. constructed or maintained on any building si nor shall -horses cattle,''hogs, cows, goats, sheep, rabbits, or other animals, pigeons, pheasants, game birds, game or other birds, fowl or poultry be raised, except that dogs and cats may be kept thereon, provided they are not kept, bred, or raised thereon for commer-ial purposes or in unreasonable numbers. It is understood, however, that birds dr rabbits may be main- tained on said premises as nets, not e-:ceeding .four of each number, and that this restriction shall not be construed to prohibit ordinary house- hold pets which do not constitute an annoyance or nuisance to neighbors. 17. All fences, buildings and Salls, etc., whether constructed at the time of the construction of the residence or in the future, shall be considered part and parcel of the residence and shall be approved by the Architectural. Committee. 18. If, for any reason there is uncertainty as to the front, side or rear lines of any building site or where the front of the structure is to face, the Architectural Committee shall, in all cases, determine which are to be deemed such lines, and the decision of the Architectural Committee in respect thereto shall be final. 19. It is the intention of the parties and agreed herein, that all of the other conditions and restrictions contained herein shall, be bind- ing and effective without respect to changed conditions or circumstances until the 1st day of Thereafter, to -wit, after the lst day of January 19�9*the several restrictions, conditions, and covenants a - foresaid, other than those contained in paragraph 12 may be abrogated, rescinded or annulled in whole or in part, as to all or any of this tract, evidenced by an ir. _ rrument in ?-0.1 ting executed by the owners in the man- ner provided for law for conveyances of the real property and duly re- corded in the offices of the County Recorder. If, within 180 days after the 1st day of January lq*;ono such instrument is recorded, said restric- tions will remain n full force and may, at 10 year intervals, dating from January 19�9� be waived, changed or terminated by instrument in ,.iriting by the then owners of not less than 65; of the lots in Tract No. 30,G,, V 30,7 20. A breach of any of the covenants, restrictions or conditions shall not render invalid the lien or charge of any of said lots or pro- perty or any portion thereof, but said covenants, restrictions and con- ditions shall be binding of -on and effective against any owner of -;aid land whose title is acquired by the foreclosure of any lien or mortgage thereon or sale under any deed of trust given to secure the payment of coney. BY SiFn`�d.� Pr esillent BY_ _ Si nedj Secretary The undersigned hereby evidence their consent to the ;'thin instru- ment by joining in its execution. Ti-I:� IRVIIyL CO? i AUy, a. `lest Virginia Corporation By (Signed) President By (i.ned) Secretary -4d J Pagd _ 7 fAMENDMENTS • r% 21 1 SMITH, L. J. Balboa Blvd. & "P" St. Balboa 2. Lot 3 Section 2 T7S R -10 -W Eastside Addition Zone R-3 3. Posted 3-27-56 Published 3-28-.56 2nd Hearing 4. To develop the property in accordance with its highest and best use by making three (3) separate suitable R-1 sites. 5. Applicant wishes to secure Commission approval for single residential development of the property in question before making additional expenditures. 6. The Planning Commission recommends to the City Council that Portion Lot 9 3 of Section 2 Eastside Addition, Balboa Tract which has been divided into three individual lots be zoned R-1 with the condition that the front yard setbacks be 51. 7. Commissioner Briggs moved the Commission recommend the APPROVAL of this Amendment subject to the above condition, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES ##22 1. SOUTH COAST CONSTRUCTION CO. & Tile' IRVIA:E CO. Harbor Highland Addition 2, Tentative Maps 3004 & 3057 Zone "U" 3. Posted 4-9-56 Published 4-9-56 2nd Hearing 4. The Petitioner desires to amend Section 9103.8 of Ord. No. 635 so as to cause certain property to fall within an R -1-B Zone. 5. Applicant wishes to secure Commission approval for restricted residential development of the property in question. 6. Commissioner Briggs moved the Comm scion recon.iend to the City Council that the tract as shown on Tentative Maps 300L & 3057, known as Harbor Highlands Additic.n. be zoned as an R-1-3 District, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES #23 First hearing on Planning Commission Resolution of Intention #601 to amend zoning on the recently annexed Seaquist Annexation from a "U" ?)istrict to Zoning Districts available in Zoning Ord. # 635 that would be appropriate for land uses existing or proposed. The first hearing was advertised and posted as being for the purpose of general discussion with owners of property involved. AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, C.)unty of Orange, of the said County, beinq duty sworn, deposes and says: THA71 he is and at all times here mentioned was a c;tizen of the United States, over the ace of e7ghteen yr,,�rs, and that ............... he is not a party to, nor interested in the above entitled ;-natter: fhat he is the *�..._..-.._ orinter of the Newport Harbor News Press, a newspaper of general circulation, printed and published in the City of Newport Beach, County ,f Orange, and which newspaper has been adjudged a newspaper of general cir- culation by the Superior Court of the County of Orange. State of California, under date of October 22, 1954, Case Number A 24831% that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the Following dates, to -wit: A• r all in the year 19 .---- ................... _ ,tel "Printer Foreman of the Printer or Principal Clerk of the Printer. Subscribed anr; Sworn to befcye me this _ day of AE 19r ... -_. (SEAL) Notary Public in and for said County and State. My Commission Expires ,......... 19. ra. p....._... Affidavit of Publication of NOTICE IS MgMy nMTHM GMM THAT SAID PUBLIC HEAR NGS V;ILL BE KW ON nm ,.- h DAY OF A=3 YEAR AND THE --,I= DAY OF YEAR _210_, AT THE HOUR -q Tg IQ 1 P. M. IN THE COUNCIL CHAIM S OF THF, JMMR^ BEACH CITY HALL, AT 11NICH TIDE AND PLACE ANY AND ALI, PERSONS IPy' ERFSTED MAY ePrlAR Ai�D BE HEARD TKERL�"-N. RAY Y. 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CAS/S OF BEA!?/NGS \ F;y / Yri'•d�+'"tt .r,q r N, qM1-�,+ _ Fat 1,e e� - ••: S s �Cr,-� .+.•f 'ilia moo Cie BOJed Fs t7/ 2 Y':i. u V r. icc ,.he Cen. t� 1' iae of /r L'irap--1,•es-rre i'.139+45'10 EJ \ \ '..\ L f`C .y t • f I B� .: S=, nac- i/pcf nom,. _ .L-'�r]ci =ecorcco- ,� P � ,/ �-�`' ail° 7.e� ."''9 '•= A i .deco- bee ','.z �s ps. D/, NS ���P• a q7:3 1-`-[, ` _"s ," Opo^cc G•aun. .:giro- ._ \4 F .� � .+°�,"- ". P 'ti.y -'-' -.' o or c.vu' cr's.i G•S, 23/2 al Tract �,�• ' 1_i^� is 'T ,•_ � / 4 - -.7G-S ' .7i� 9! O-� rNiSC OYed / r'/r a -:ice - a.� S•tr!!'� CPrJfe� C r. -'GFS C. / h V .. o.' Pn.'�' of r. •: b.^s, 6 v c'yL'J r� J JJ 30 Jn' o, c p � [ 0 S/y i✓ewparY H .g3%�� � � ni TW_EN Y/E 7- STf?EET I0 £i�Cor. mrr� t�e h � ` d 8 ESTHER ,sem •9 S Ti9EE T '' " WALNUT _ 5! PLACE y 3 � cosT,q n'rESA- jvl S7"REE' T TEN 7A T/VE 'Fr' 7W . -7 -A A C.Z 2Va? /N THE C/T Y Oc- /1/EINPOR T BEACH COU/V71Y OF 01?AIVG—O* S7A7-e OF GAL/FORIV/f{ KJJJ a +-la...'Jo-»' \� h b i� to c Ea � i I,L 4 mics-rsr•r. 26 ni fT °� esL---. 9 0'; 30 a�� °nn4a. 3/ a 32 a; , 33 v! 3A �3SN 1Ms4, usJ dsv Gzsa .s se Grlo .vs ro a d � 9°F.°.,•e"o8. �� � 90 '• _.. - 4'fA�/ ✓a -w i1J.60 � �; � GSJJ G 7 ta'ear. F ,4 � by c o ---..--_..--_�__-„-____. - ._nsr.. vJ-..- srr.co H/G HLA/V'O .t •.-sv vu • �o V ,u - - _ .. - -- - r. urryrG Trac •�J- .'8 , �.es3. r ” ` q +-SJ'. Ja :v ]/l.iJ ++ � r � qp bp. 0 �\ •to ? a \ � � 03 -9 '- ♦.VO/Y6J °' � $ < 0Yr � n 2 i7 20 c1 /9 0II� /B�'�'r �a��T-s r.. 1° �5 aF -w c7P0 G .Sp C920 c92a c9t0 Gl,�J G9Z0 Ge.00 [ $ t 9 a �+�1',01, `i✓b`�'�• `fes A Via" 9�i• q ° �ao.s ol30 r060O LSlo .. s. lO Gs -Sr ..sJa dS. 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CAS/S OF BEA!?/NGS \ F;y / Yri'•d�+'"tt .r,q r N, qM1-�,+ _ Fat 1,e e� - ••: S s �Cr,-� .+.•f 'ilia moo Cie BOJed Fs t7/ 2 Y':i. u V r. icc ,.he Cen. t� 1' iae of /r L'irap--1,•es-rre i'.139+45'10 EJ \ \ '..\ L f`C .y t • f I B� .: S=, nac- i/pcf nom,. _ .L-'�r]ci =ecorcco- ,� P � ,/ �-�`' ail° 7.e� ."''9 '•= A i .deco- bee ','.z �s ps. D/, NS ���P• a q7:3 1-`-[, ` _"s ," Opo^cc G•aun. .:giro- ._ \4 F .� � .+°�,"- ". P 'ti.y -'-' -.' o or c.vu' cr's.i G•S, 23/2 al Tract �,�• ' 1_i^� is 'T ,•_ � / 4 - -.7G-S ' .7i� 9! O-� rNiSC OYed / r'/r a -:ice - a.� S•tr!!'� CPrJfe� C r. -'GFS C. / h V .. o.' Pn.'�' of r. •: b.^s, 6 v c'yL'J r� J r E TWEN T/ETH ' ST.4E"ET � tl TEN TAT/VE sig /N THE C/TY OF AIZ'VVPOR 7- BEACH COU/V7-S' Of 0.4,�{NGE S7 -ATE Oc' CAL/EORN/A rp -cC4 S' r7c-o - S 2B/Z �� �T 1_•� l 1 F 16 ]SO^ ;; m •�' °e / o� Z s� 3i of fib, , - ��Y"-c' `;� �� ° .s ,'c 1i l •'r `].Ca 's.].� 96 rafoJ' a•/c-err..b n' SJO'% •3 •E L�Y.TO' � ,'J� r�r r � �y\ e''.• i° �C 1 � / 0 sso•//3r•�r:zeo� /Rv/NE' ,• .;�+rr .fie =.r.Y. 5y. y' � � ,.. � '- ., N/NET4'ENTH STFrEEY - .. ~ - - 'a �'aa - •ss *�� �r� �f 6C ,^'y1 o -t ��a c ;" - .`�`5j b•Ba.! t,.,'. .o A°) . 31 E � � � „<'e.. •Q�L ���, h a ob ,0p•yt -`v ,�:y, �g• •t��^ ". f ,� � �•� �.3� b'�,q'. °t, r � sy04 � �SQf. 15y,y? Ill I � �• A t,fabd .� � ' I \\ <,� �� W A•7e. ^ > /°l goo- �� `..yet i I \ c �' s4-°b�e'y� Rt'• �15�at -R" v o- q • o-,. 5° 6 BAS/S OF BEAR/NGS ''b - 'h6 OCQ•^nI(j5 shover] or] th.r map orP bcsto' '7•,tei •t5�e f on fhC ctn der /.:,e of /�. 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