HomeMy WebLinkAbout20212267.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 2.5, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
- JOSIE CHAVEZ
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Temporary Construction Easement for Certain Improvements to County Road 2.5 between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Josie Chavez, 13780 County Road 2.5,
Brighton, Colorado 80603, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement Concerning the Purchase of Temporary Construction
Easement for Certain Improvements to County Road 2.5 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Josie Chavez, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
cc: PW(ER/CH/D4)
OWOS/zl
2021-2267
EG0079
AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 2.5 - JOSIE CHAVEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,dtAtii) G ueio;ok
Weld County Clerk to the Board
Steve Mor
no, Chair
S • • ames, Pro -T
"rry L. Bu
ike Freeman
ounty • ttorney
Date of signature: O≤dlo44 /2(
2021-2267
EG0079
/D
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Agreement for the Purchase of a Temporary Construction Easement -
Josie C. Chavez
DEPARTMENT: Public Works DATE: July 26, 2021
PERSON REQUESTING: Dawn Anderson
Brief description of the problem/issue:
Public Works requests a temporary construction easement (TCE) be acquired from Josie C. Chavez to use as
a staging yard for material and equipment during construction of Bridge 2.5/27A. The TCE being acquired is a
total of 13,149 sf. or approximately 0.302 ac. The total compensation negotiated between the owner and Weld
County is $7,500. {Breakdown: TCE = $2,200; Relocation of Owner's propane tank = $800; Cost to cure to
replace fencing = $4,500)
Attachments:
Agreement for Purchase between Josie C. Chavez and Weld County
Exhibit A: Map & Legal Description
Grant of Temporary Construction Easement Document
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Option 1: Approve pass around and allow staff to place the agreement and TCE on the next regular BOCC
hearing agenda for consideration of approval and chair signature.
Option 2: Require staff to schedule a work session to discuss in more detail.
Option 3: Deny request for TCE with Owner.
Recommendation:
Public Works recommends Option #1.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Approve Schedule
Recc endaton Work Session Other/Comments:
Vj Briar L,
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine(a7weldov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Tuesday, July 27, 2021 8:00 AM
Karla Ford
RE: Please Reply - Public Works Pass -Around
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weldgov.com>
Sent: Tuesday, July 27, 2021715 AM
To: Lori Saine <Isaine@weldgov.com>
Subject: Please Reply - Public Works Pass -Around
Importance: High
Please advise if you approve recommendation. Thank you!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
.: 970.336-7204 :: kford@weldQov,cat :: www.weldgov corm
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
1
AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT
BETWEEN JOSIE C. CHAVEZ AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this c day o , 2021, by and between the JOSIE C.
CHAVEZ, whose address is 13780 Weld County Roa 2.5, righton, Colorado 80603 hereinafter
collectively referred to as "Owner," and WELD COUNTY, a dy corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley,
Colorado 80631 hereinafter referred to as "County."
WHEREAS, Owner owns a parcel of real property containing the property described in the
attached Exhibit A (hereinafter referred to as Temporary Construction Easement" or TCE, which are
hereinafter referred to collectively as the "Property", and
WHEREAS, County finds it necessary to replace the existing bridge County Road 2.5 and improve
the roadway (hereinafter referred to as the "Project"), and
WHEREAS, Owner wishes to cooperate with County in completing the Project.
NOW, THEREFORE, the parties herein agree as follows:
I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this
Agreement.
Exhibit A — Description, Depiction, and Form o TCE.
II. COMPENSATION; PROPERTY CONVEYANCE
1. Total compensation to be paid by County to Owner, as described below, is Seven Thousand Five
Hundred Dollars, ($7,500.00).
a. Owner agrees to sell and County agrees to purchase a Temporary Construction
Easement described on Exhibit "A" for the sum of Two Thousand Two Hundred
Dollars, ($2,200.00).
b. County agrees to compensate Owner at Closing, the sum Eight Hundred Dollars,
($800.00) for the relocation of Owner's residential propane tank. Owner agrees to
complete relocation of the propane tank no later than August 1, 2021. The propane
tank shall be a minimum of 25 feet from the public road right of way (ROW).
c. County agrees to compensate Owner at Closing, the sum of Four Thousand Five
Hundred Dollars, ($4,500.00) as a cost to cure to replace fencing.
2. The parties acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
Page 2 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN JOSIE C. CHAVEZ AND WELD
COUNTY, COLORADO
III. TEMPORARY CONSTRUCTION EASEMENT(S)
1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering all
property described and depicted in, and subject to the terms provided in, Exhibit A.
2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE.
IV. CLOSING
1. County shall not be liable for any encumbrance associated with the Property prior to the date of
closing. Owner shall pay any encumbrance associated with the Temporary Construction Easement
which is required to be paid. Owner is solely responsible for the payment of any amounts owed
to a third party holding a security or other ownership interest in the Temporary Construction
Easement.
2. Owner will execute all documents required to close on the sale of the Temporary Construction
Easement.
3. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title
insurance for the Property.
4. County shall at closing pay all fees associated with recording this Agreement and the Temporary
Construction Easement.
V. MISCELLANEOUS:
1. County will install a permanent three -strand barbed wire fence and tube gate with lock on the
ROW between the west property line and the Fulton Ditch. County will provide Owner and Fulton
Ditch Company the key to the gate.
2. County will install a temporary construction fence and tube gate on the ROW between the Fulton
Ditch and the east property line to provide enclosure for Owner's dogs during construction.
3. After completion of the temporary construction fence the County will remove the existing fence
currently encroaching into the ROW.
4. Owner may keep the temporary fence to allow Owner to proceeded with permanent fencing after
bridge construction is complete or upon Owner's request County will remove temporary
construction fence upon completion of the project.
5. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be
binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs,
executors, administrators, successors, and assigns.
Page 3 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN JOSIE C. CHAVEZ AND WELD
COUNTY, COLORADO
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended.
4. It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire
agreement between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiations, representations, and understandings or agreements
with respect to the subject matter contained in this Agreement. No oral representation, promise,
or consideration different from the terms herein contained shall be binding on either party, or its
agents or employees. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld
County District Court shall have exclusive jurisdiction to resolve said dispute.
3. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by
a court of competent jurisdiction, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
OWNER: JOIE C. CHAVE
B
Josie avez
vit-e
Page 4 of 4
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC
ROAD IMPROVEMENTS BETWEEN JOSIE C. CHAVEZ AND WELD
COUNTY, COLORADO
ATTEST:
Weld C
BY:
C erk to the B a and
Deputy Cler / o t e Bo
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ve Moreno, Chair JUL 2 8 2021
02002/ - a.2 / 7
CE 1/16 CORNER
S32 -T1 N-R66W-\
r"
W1,2 -SE 1/4
S32-TIN-R66W
C. VINCENT PHELPS TR
EXISTING 20' ROW
8Y USAGE
1J
EXISTING 30
ROW AS SHOWN 30
ON RE -512
fi
TEMP MARY
CONSTIRICTION '`+N
EASEMENT ACQUIRED
13,149 sf.
1A!T
OR W302 ac.±
JOSTE C. CHAVEZ
FAUDOA
E1/2 -SE 1/4
S32 -TI N-R66W
a
WCR 2.5
PICKELL
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 32,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NUMBER 1471-32-4
RE -512, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 1868150,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER EAST ONE -SIXTEENTH CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE
66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF THE EAST
ONE-HALF OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 89'28'57" EAST, A DISTANCE OF
1326.75 FEET, TO THE EAST ONE -QUARTER CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST,
ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID
SECTION 32, SOUTH 00'18'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 2.5 AS SHOWN ON SAID RE -512, SAID POINT BEING THE TRUE
POINT ON BEGINNING -
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89'28'57" EAST, A DISTANCE OF 173.99 FEET, TO A
POINT ON THE TOP OF THE WEST BANK OF THE FULTON DITCH;
THENCE ALONG SAID WEST BANK THE FOLLOWING 6 COURSES;
THENCE SOUTH 53'20'03" WEST, A DISTANCE OF 22.51 FEET;
THENCE SOUTH 53'10'01" WEST, A DISTANCE OF 70.66 FEET;
THENCE SOUTH 52'58'17" WEST, A DISTANCE OF 40.31 FEET;
THENCE SOUTH 33'26'10" WEST, A DISTANCE OF 40.78 FEET;
THENCE SOUTH 28'41'29" WEST, A DISTANCE OF 82.75 FEET;
THENCE SOUTH 20'57'25" WEST, A DISTANCE OF 11.08 FEET, TO A POINT ON THE WEST LINE OF THE EAST
ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 32;
THENCE ALONG SAID WEST LINE, NORTH 00'18'06" WEST, A DISTANCE OF 195.48 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 13,149 sf. OR 0.302 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
CHAVEZ
WELD COUNTY, COLORADO
v
WELD COUNTY DEPARTMENT
`'861 OF PUBLIC WORKS
MEI
-..
OUNT'Y
WCR 2.5 & 29 PROJECT
PROJECT NO: BIL-73
SCALE:
DATE: 7-08-21
DRAWN BY: DRH
SHEET: 1 of 2
P.O.C.
CE 1/16 CORNER
S32-T1N-R66W
FND 2 1/2" ALUM. CAP
PLS 38512, 2019
WCR 2.5
VAZQUEZ
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
CHAVEZ
WELD COUNTY, COLORADO
EXHIBIT -A
C. VINCENT PHELPS TRUST
NE 1/4
S32 -TI rV-R66W
EXISTING 20' ROW
BY USAGE
E 1/4 COR.
S32-T1N-R66W
FND 2 1/2" ALUM. CAP
ILLEGIBLE
N89'28'57"E 1326.75'
BASIS OF BEARING
TEMPORARY
CONSTRUCTION
EASEMENT ACQUIRED
13,149 sf.
OR 0.302 ac.±
JOSIE C. CHAVEZ
RECP.#3936430
PARCEL# 147132400033
LOT -A RE -512
REP# 1868150, 9-03-1981
PL PL
FAUDOA
E I/2 -SE 1/4
S32-T1:V-R66W"
PICKELL
LINE TABLE
LINE
BEARING
DISTANCE
L1
SO0'18'06"E
30.00'
L2
N89'28'57"E
173.99'
L3
S53'20'03"W
22.51'
L4
S53'10'01''W
70.66'
L5
S52'58'17"W
40.31'
L6
S33'26'10"W
40.78'
L7
S28'41'29"W
82.75'
L8
S20'57'25"W
11.08'
L9
NO0'18'06"W
195.48'
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
WELD COUNTY DEPARTMENT
1861 _ OF PUBLIC WORKS
WCR 2.5 & 29 PROJECT
PROJECT NO: BIL-73
DATE: 7-08-2I
SCALE: 1"=100
DRAWN BY: DRH
SHEET: 2 of 2
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between JOSIE C. CHAVEZ, whose
address is 13780 Weld County Road 2.5, Brighton, Colorado 80603, (referred to herein as
"Owner", whether one or more), and the County of Weld, a body corporate and politic of the State
of Colorado, through its Board of County Commissioners (referred to herein as "County"):
WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner a
Temporary Construction Easement, covering that real property lying and being in the County of
Weld, State of Colorado, to wit:
The real property described and depicted on the attached Exhibit A.
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force on August 31, 2022 or upon the County's determination that the
Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting
by or on behalf of the County for the purpose of surveying, appraising, establishing,
laying, constructing, reconstructing, installing, realigning, modifying, replacing,
improving, adding, altering, substituting, operating, maintaining, accessing,
inspecting, patrolling, protecting, or repairing the roadway improvements,
including the storage of materials related to said roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has
legal access, for any and all purposes necessary and/or incident to the exercise by
the County of the rights granted to it hereunder. At the expiration of the term of this
TCE, County shall promptly repair any damage to Owner's property caused by
County, its agents, employees, contractors, guests, invitees, and all those acting by
or on behalf of County so as to maintain the Owner's property in substantially as
good or better condition as existed prior to use by County.
4. County agrees to keep Owners driveway clear of obstructions and allow Owner to
use driveway throughout the term of the TCE.
GRANTOR:
Josie C. Chavez
Contract Form
New Contract Request
Entity Information
Entity Name*
CHAVEZ, JOSIE
Entity U)*
P00044196
Contract Name*
AGREEMENT FOR THE PURCHASE OF A TEMPORARY
CONSTRUCTION EASEMENT - JOSIE C. CHAVEZ
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
5069
Contract Lead*
DRANDERSON
Contract Lead Email
drandersongco.weld.co.us
Parent Contract ID
Requires d
YES
Department Project
Contract Description*
AGREEMENT FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION EASEMENT - JOSIE C. CHAVEZ
BRIDGE REPLACEMENT CR 2.5
TCE = 13,149 S.F. OR - 0.302 AC.
Contract Description 2
Contract Type
AGREEMENT
Amount*
$7,500.00
Renewable*
NO
Automatic Renewal
Grant
Department
PUBLIC WORKS
Department Email
CM-
Publ i cWo rks g' wel dgay. co m
riment Head Email
CM-PublicWorks-
DeptHead +veldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCI-JATEPCO. WELD.CO. US
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
07=28+202 1
Due Date
07;24{2021
Will a work session with BOCC be required?
NO
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Termination Notice Period
Review Date*
11 08;2022
Committed Delivery Date
Renewal Date
Expiration Date
11'`15,2022
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email
Contact Phone i Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
07;23x2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
0728t2021
Originator
DRANDERSON
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
07./26,2021 07'26x2021
Tyler Ref #
AG 072821
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between JOSIE C. CHAVEZ, whose
address is 13780 Weld County Road 2.5, Brighton, Colorado 80603, (referred to herein as
"Owner", whether one or more), and the County of Weld, a body corporate and politic of the State
of Colorado, through its Board of County Commissioners (referred to herein as "County"):
WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner a
Temporary Construction Easement, covering that real property lying and being in the County of
Weld, State of Colorado, to wit:
The real property described and depicted on the attached Exhibit A.
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force on August 31, 2022 or upon the County's determination that the
Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting
by or on behalf of the County for the purpose of surveying, appraising, establishing,
laying, constructing, reconstructing, installing, realigning, modifying, replacing,
improving, adding, altering, substituting, operating, maintaining, accessing,
inspecting, patrolling, protecting, or repairing the roadway improvements,
including the storage of materials related to said roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has
legal access, for any and all purposes necessary and/or incident to the exercise by
the County of the rights granted to it hereunder. At the expiration of the term of this
TCE, County shall promptly repair any damage to Owner's property caused by
County, its agents, employees, contractors, guests, invitees, and all those acting by
or on behalf of County so as to maintain the Owner's property in substantially as
good or better condition as existed prior to use by County.
4. County agrees to keep Owners driveway clear of obstructions and allow Owner to
use driveway throughout the term of the TCE.
eoro,,,Y-64.04,
/2-aati
a2 21 -10267
E.Gdo'19
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