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ApplicationHearing Date: August 16, 2016 File No.: H-2016-0074 Project Name: Settlers Square Subdivision - MDA Request: (MDA): Request for development agreement modification to change the internal public roads to private driveways, and allow for temporary vehicle access to Ustick Road. Location: The site is located at 870 W. Ustick Rd. in the SW i/4 of Section 36, Township 4 North, Range 1 West. (Parcel #'s SO436347160 and SO436347150) --CEIVE JUN 16 2016 I 41 Planning Division APPLICATION : 7-26-16 STAFF USE ONLY / Projectnawe:C11CN SGG(a`'t+SIA� - 1�t VlC �i1 �► File number(s). -Assigned Planner: _ 5A 'Yaq,_ t Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) �] Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: Seagle Three, LLC (Contact: Bob Runyan) phone: (208) 863-8209 Applicant address: PO Box 2579 Email: br@rfrproperties.com City: Eagle State: ID Zip: 83616 Applicant's interest in property: IN Own ❑ Rent ❑ Optioned ❑ Other Owner name: Seagle Three, LLC (Contact: Michael Mckernan) Owner address: 2618 2nd Ave Email: Phone: City: Seattle State: WA Zip: 98121 Agent/Contact name (e.g., architect, engineer, developer, representative): Engineer Firm name: Aspen Engineers (Contact: Lance Warrick) Phone: (208) 466-8181 Agent address: PO Box 205 Email: Lance@AspenEngineers.com City: Kuna State: ID Zip: 83634 Primary contact is: ❑ Applicant ❑ Owner 91 Agent/Contact Subject Property Information Location/street address: W Ustick Rd, 870 W Ustick Rd Meridian Township, range, section: 364N 1W Assessor's parcel number(s): SO436347160 Total acreage: 9.001 Zoning district: C -C SO436347150 Community Development. Planning Division. 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/plarmm -1- (Rev. 061122014) Project/subdivision name: Settlers Square Sudivision General description of proposed project/request: We are asking the City to modify the existing development agreement to comply with ACHD's request to make the the internal public roads, private driveways and the access from Ustick to be temparary. Proposed zoning district(s): C -C Acres of each zone proposed: 9.001 Type of use proposed (check all that apply): ❑ Residential ❑ Office ® Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Settler's Irrigation District Which irrigation district does this property lie within? Settler's Irrigation District Primary irrigation source: Settlers Secondary: City of Meridian Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11 -IA -1): 4 or more bedrooms: Later Maximum building height: Average property size (s -f.): Net density (Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC. 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) ❑ Single-family Attached ❑ Townhouse ❑ Other Number of building lots: 12 Common lots: Other lots: N/A Gross floor area proposed: Later Existing (if applicable): N/A Hours of operation (days and hours): Later Building height: Later Total number of parking spaces provided: Later Number of compact spaces provided: Later Authorization Print applicant name: Applicant signature:. oelf6zE Twrree, Date: Community Development • Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancimore/olanning -2- (Rev. 06112/2014) June 16, 2016 Josh Beach & Bill Parsons City of Meridian 33 E. Broadway Ave Meridian, Idaho 83642 SUBJECT: Development Agreement Modification for SETTLERS SQUARE SUBDIVISION Located at the northwest corner of W. Ustick and N. Venable Meridian, Idaho Dear Bill and Josh: 485 W. Main St, Suite B PO Box 205 Kuna, Idaho 83634 (208)466-8181 www.AspenEngineers.com As you know earlier this year, the City Council approved the new preliminary plat for Settlers Square Subdivision (H-2015-0014) subject to some changes to the existing Development Agreement. Now that we have resolved the remaining items with ACHD, we are requesting that the City modify the Development Agreement that was prepared as part of the annexation (AZ -07-018), original preliminary plat (PP -07-021) and alternative compliance (ALT -07-016) for the property. As you known, ACHD had some policy changes since the Settlers Square Subdivision was originally approved in 2007 and 2008. As a result of these policy changes, ACHD asked us to eliminate the public roads we were proposing inside the development and replace them with private shared driveways. ACHD anticipates that future development of adjoining properties will create a new public road adiacent to our westerly boundary which will connect Cooper Ave to Ustick Road at the intersection with Blairmore Way, near our southwesterly corner. When this road is constructed by others in the future, ACHD has recommended that our proposed driveway to Ustick Road be considered temporary and therefore would be removed when the road adjacent to our westerly boundary is constructed by others and provides an alternate means off accessing Ustick Road. Since these requested changes from ACHD are not in accordance with the existing concept plan included in the Development Agreement, we ask that the City to modify the Development Agreement to (A) change the internal public roads to private driveways, as requested by ACHD; and (B) make the driveway access from Ustick temporary, since we anticipate it will be removed when public street access is provide along the westerly boundary of the Settlers Square Subdivision. Please call me at (208) 466-8181 if you have questions or need any additional information. P:\2015\15056\Corresp\Outgoing\DA Modification\1. City Letter (2016-06-15).doc Bill Parsons June 16, 2016 Page 2 of 2 Respectfully, Aspen Engineers, Chartered Lance Warnick, P.E. Principal Engineer cc: Aspen 15056 P:\2015\15056\Corresp\Outgoing\DA Modification\1. City Letter (2016-06-15).doc Page 2 of 2 LandAmerica ADA ,CdUNTYRECOROERJ.OAVIDRAVAMO AMOU91ZOO 4' Transnation pEP_, • wdd Allen D4.zs PM 'n RECORDED—RMUESTOF III �i�Uiliillll�Ili0IIIIiIIIilii� Transnadon Title 107034518 Escrow No. 07-00=01 WARRANTY DEED FOR VALUE RECEIVED RON D. LESLIE, SOLE TRUSTEE OF TEE LESLIE FAMIYY TRUST DATED NOVEMBER 17,1992, and amended by Decree, Case No. CV DR 0202223D AND JAMES R MOORS AND GLADYS A MOORE, CO -TRUSTEES OF THE MOORE FAMILY TRUST DATED NOVEMER 17, IM GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: MAGLE THREE; LLC , an Idaho limited liability company . GRAJ=S(s),_whose current address is: 5999 W. State Street; Ste A, Boise, Idaho 83703 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: See Attached Exhibit "A" Grantor and its successors shall not warrant or defend and expressly disclaim any warranty of title or possession to the Easterly 29 fcetof Parcel 1, AND Transnation Title & Escrow Inc. is not insuring the Easterly 29 feet ofParcel 1 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, . rights of way and agreements, Cif any)of record, and general taxes and assessments, (including irrigation and utility - assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will watnmt and defend the same from all lawful claims whatsoever.' _ - j. .. I. . . Neighborhood Meeting Sign Up Sheet Settlers Square Subdivision Northwest Corner of Ustick and Venable, Meridian, Idaho Date of Neighborhood Meeting: Start Time of Neighborhood Meeting: End Time of the Neighborhood Meeting: Attendees: Name L -o'4' L 07/0 7�G ti s:17 Address 2._ �i�iYC� l�i1CNC� `�P.S w. �r1.fi ✓�44i�6 4 /LG...1 To 17 LU Notes: Description of the proposed project: --42 OE/raGirs Notice sent to neighbors on: Date & time of the neighborhood meeting:�� ✓ ✓�� " 6 30 F� Location of the neighborhood meeting: /% �iZG��/Y - ova✓<az� E2 06 F -11..-I. iN�Z LandAmerica Transnation Date: Febru 20, 2007 Lesli y Trust dated November 17, 1992 Moore Family Trust dated November 17,1992 by: Ron D. Leslie, Sole Trustee by:James F. Moore, CTrnsteeo- by: Gladys A Moore, Co -Trustee Notary Acknowledgment— State of Idaho , County of Ada , ss. On this_%: day of March in the year of 2007 , before me, the undersigned, a Notary Public in and for said State, personally appeared Ron D. Leslie known or identified to me to be the person(s) whose name(s) idare subscribed to the within instrument, as Sole Trustee of The Leslie Family Trust Dated November 17,1992 , and acknowledged to be that he executed the same as Sole Trustee. Residing at: My Commission Expires. J 1` Resiting in Boise; Idaho CW"Mim sxpim.07.90-09 'i State of County of "as. On this day of March in the year of 2007 , before me, the undersigned, a Notary Public in and for. said State, personally appeared Tames F. Moore and GIadys M. Moore known or identified to me to be the persons) ` whose name(s) is/are subscribed to the within instrvinem; as Co-Tristee of The Moore Family Trist Dated November 17, 19.92 , and acknowledged to be that they executed the same as CO-Tnrstee. Notary Public Residing at: My Commission Expires: ULandAmerica Transnation Date: February20, 2007 Leslie Family Trust dated November 17,1992 by: Ron D. Leslie, Sole Trustee Notary Acknowledgment= W 9 3> 1y Trust dated November 17,1992 Moore, State .ofIdaho ;CountyofAda ss 3 On this _ day of March in the year of 2007, before me, the undersigned, a Notary. Public in and for said State, personalty appeared Ron D. Leslie known or id ittified to me to be the person(s) whose name(s) is/are- subscribed to the within instrument, as Sole Trustee ofThe Leslie Family Trust Dated November 17, 1992, and acknowledged to be that he executed the same as Sole;ymstee. 1 I _ Notary Public Residing at; My. Commission Expires: State o County of On this day of March in the year of 2007 ,. before me, the undersigned a Notary. Public in and for said State, personally appeared Tames F. Moore and GIadys M. Moore known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument;. as Co -Trustee of The Moore Family Tnrst Dated November 17, 1992, and acknowledged to be that they executed the same as Co-Trvstee. LL MARY SACCULLO ; U co6U X7627472 Notary ublic - fl°TARrruk!G-o+uroaWA 0 Rtsiding (� g snwraM awzcouHty A My Commission pires:-x't�D�• & zoos aIler r .. W Py j EXHIBIT "A" PARCEL I A parcel of land located in the East half of the East half of the Southwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, moreparticularly described as follows: Beginning at an iron pin. marking the Southwest corner of Section 36, Township 4 North, Range 1 West, Boise Meridian; thence along the South section line of said Section 36, ALSO being the center line of Ustick Road' . South 98'44'00" East,. 21662.19 feet to an iron pin marking the South quarter. corner of said Section 36; thence leaving said South section line, and along the North-South center quarter. section line of said .Section 36 North 0026.1400. East, 25.00 feet to. a point on the North right-of-way line `of-,. said Ustick Road; also being the REAL POZMT OF BEGINNING, thence leaving, said North -right-of-way line, and continuing. along said North -South - center quarter section line . North 0?26140" East,, 639.49 feet to.'a point; thence leaving'said North-South center quarter section line North 88"50'.42" West,. 84.71 feet to an iron pin; thence .South. 1031'09" West, 639.26 feet to an 'iron pin on the said North right -of --way line; thence along, said North right=of=way line South 88044'00" East, 96.71 feet to the REAL POINT .OF BEGINNING. m ...cans _ • , S■$ � gt�� ppsi p�S�� IFF4' R lift gp3�= C I k - 3w -N . ,'ren g.. yor+s _ ����.W59G N.6a.CLdYS �.; uonetujolut -i§pnt !o) Asians a e.R:O.'J8 +l? or sORYu Bq O'noils 1nU3YBlald it a !i?'::?- n; ;{: �i�.,rl �ry t•_rr r; ii'ei':£1: •".a1 ', UJ v nnp JOU o pnd a :OSI St itA! JG 8„!1'yOsO.'J!i3'sltlBiYASE9'SSJ41 s1,atJiW'E>JJ2 "Ol yg'p;.;i jou inq airs c slat va,Euuo}w Jrto/hmy3tm leyd inoyiW 'paptnoed st tp;-3Ms 5141 I , IIx I x Ie �I 1 blj� 1 ,'ren g.. yor+s _ ����.W59G N.6a.CLdYS �.; uonetujolut -i§pnt !o) Asians a e.R:O.'J8 +l? or sORYu Bq O'noils 1nU3YBlald it a !i?'::?- n; ;{: �i�.,rl �ry t•_rr r; ii'ei':£1: •".a1 ', UJ v nnp JOU o pnd a :OSI St itA! JG 8„!1'yOsO.'J!i3'sltlBiYASE9'SSJ41 s1,atJiW'E>JJ2 "Ol yg'p;.;i jou inq airs c slat va,Euuo}w Jrto/hmy3tm leyd inoyiW 'paptnoed st tp;-3Ms 5141 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I Michael McKernan 2618 2nd Ave (name) Seattle (city) being first duly sworn upon, oath, depose and say: 98121 (address) (state) That I am the record owner of the property described on the attached, and I grant my permission to: Lance Warrick (Aspen Engineers) PO Box 205, Kuna, Idaho 83634 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. f.YU'i.YNNI:I I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this i5 " ns`'/ day of 1201 If W&4t4o (Signature) me the day and year first above written. ? 16-e%A- C (Notary Public for; dahe4 WA Residing at: r�ctw�tg My Commission Expires: (- 1_.�-17 Community Development ■ Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 wvvw.meridiancity.or !nl nnine 10/12/2015 Annual Report for W 39429 No. W 39429Due no later than May 31, 2015 2. Registered Agent and Address Annual Report Form (NO PO BOX) Return to: BERT F RUNYAN ROBERT F SECRETARY OF STATE 3638 HOLL DR .... _ _, _ 700 WEST JEFFERSON SEAGLE THREE, LLC EAGLE ID 83616 PO BOX 83720 ROBERT RUNYAN BOISE, ID 83720-0080 PO BOX 2579 3. New Registered Agent Signature:* EAGLE ID 83616 NO FILING FEE IF RECEIVED BY DUE DATE 4. Limited Liability Companies: Enter Names and Addresses of at least one Member or Manager. Office Held Name ., .�......., .. ryMICHAEL Street or PO Address ........_ ,....,........_.........._.._.....................„.._..._.................... City State Country Postal Code .....:..._.. ,,........_ _.._._..._.,.. MANAGER MCI4=RNAN 2618 2ND AVE. SEATTLE WA USA 98121 5. Organized Under the Laws of: 6. Annual Report must be signed.* ID Signature: Robert Runyan Date: 06/01/2015 W 39429 Name (type or print): Robert Runyan Title: Registered Agent Processed 06/01/2015 * Electronically provided signatures are accepted as original signatures. http://www.sos.idaho.gm/xU?xp=%5C20150601%SCXMLPORTS W39429_1506011400.xmI 1/1 CITY OF MERIDIAN PRE -APPLICATION 1VIF.ETING NOTEs Project/Subdivision Name: Date: S --S- 15 Location: Size of Property: C Comprehensive Plan FLUM Designation: At4o LL- caKw.r.1q Design Guidelines Development Context: ❑ Urban Urban/Suburban ❑ Suburban ❑ Rural Existing Use: Vac" -k Existing Zoning: C -C Proposed Use: zs,,caA Proposed Zoning: Surrounding Uses: M' Sb* Street Buffer(s) and/or Land Use Buffer(s): Open Space/Amenities/Pathways: Access/Stub Streets/Street System: u%& 1k�,yt-ftl da Note: A Traffic Impact Study (TIS) will be required byACHD forlarge commercial projects and any residential development With over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TiS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Windy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. toContact: Highway Dist. (ACHD) F�n ❑ Nampa Meridian Imgation Dist, (NMiD) ❑ Public Works Department portation pept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modificaton/Transfer ❑ Rezone ❑ Aftemative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ TimeExtension- Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment -Text ZPreliminary Plat ❑ Variance ❑ Conditional Use Permit M Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants forpermits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect yo ur submittal and/or application. This pre -application meehng shall be valid for four(4) months. Neighborhood Meeting Sign Up Sheet Settlers Square Subdivision Northwest Corner of Ustick and Venable, Meridian, Idaho Date of Neighborhood Meeting: Start Time of Neighborhood Meeting: End Time of the Neighborhood Meeting Attendees: Name 1, a9vGef wA<.✓ic.� or/ F -/ie - Address pt/ .Ba,f Zai Ae4 ,4, so 3V y��// 3. %jrP_d� 1 e.('U/'_ 3'iSj w %jrti�2�fCr� U. Gail(' 0'36/1 5. fill 4 8 &q6 Notes: Description of the proposed project: OLyEcv.sG�+��iGiL�/�� iiia��e✓ ,aa,2 SG//tEas S4Nif26. Notice sent to neighbors on: PC /,P Date & time of the neighborhood meeting:f>Z�/f'i�/G 5,36, pw — 63yp.�i Location of the neighborhood meeting: �% �Zp.`�rf✓ / /YLt/6`i/�i✓dR GE lsfT/� t� I>Ey/I�SeE February 4, 2016 SUBJECT: Invitation to Attend a Neighborhood Meeting to discuss the proposed Settlers Square Subdivision located at the Northwest corner of W. Ustick Rd and N. Venable Ave Meridian, Idaho Dear Sir or Madam, 0 ASPEN ENGINEERS 485 W. Main St, Suite B PO Box 205 Kuna, Idaho 83634 (208)466-8181 lance@Aspen Engineers, corn The City of Meridian recently reapproved the Preliminary Plat for Settlers Square Subdivision, which consists of 12 commercial lots located at the northwest corner of Ustick Road and Venable Ave in Meridian, Idaho. As the result of some changes in ACHD policy and the change in access from public roads to private driveways on the interior of the subdivision, the City has asked us to modify the existing Development Agreement for the project. Meridian City Code requires the Applicant of a proposed development to invite nearby property owners to a neighborhood meeting to discuss the project, prior to submitting the application to the City. This letter is our notice of an opportunity for you to review and discuss the modifications to the Development Agreement for Settlers Square Subdivision. This meeting is not a public hearing, therefore City or public officials will not be present. This neighborhood meeting is an opportunity for us to explain the proposal and for you to review and provide comments about our request. The neighborhood meeting will be held: Thursday, February 18, 2016 5:30 pm to 6:30 pm Northwest Corner of Ustick & Venable Meridian, Idaho A map showing the location of the meeting and the property is provided on the back of this invitation. We anticipate that the City will hold a formal public hearing to discuss our request in the next few months, but we would like to introduce you to the project and answer questions you may have before then. If you have any questions about the meeting or the project, please call Lance Warnick at (208) 466-8181. Respectfully, Aspen Engineers, Chartered Lance Warnick, P.E. Principal Engineer P:\2015\15056\Corresp\Outgoing\DA Modification\15056-1_Neighborhood (2016-02-04).doc <Z FA o x: m COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature ®G/is�iG Date Community Development a Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org[plannine �iVEIDIAN I Community Development Parcel Verification Date: 6/9/16 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Settlers Square Subdivision Parcel Numbers: 50436347150 (8.135 Acres) SO436347160 ( .866 Acres) T/R/S: 4N 1W 36 Property Owner: Seagle Three LLC P.O. Box 2579 Eagle, ID 83616 Address Verification Rev: 04/23/12 L X \v MhaViu'em'inr.m[mmvnnF C.) 910FI8 o dtl AalyePl'uelPualN �p a ( 00'�4' L wunn we . 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