CM-2021-234 - 9/3/2021City of Round Rock
IOUND ROCK
xAS Agenda Item Summary
Agenda Number:
Title: Consider execution of a Possession and Use Agreement with Mark Etheridge for a
0.165 acre electric easement parcel required for the BCRUA Phase 2 Raw Water
Delivery project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/3/2021
Dept Director: Michael Thane, Utilities.and Environmental Services Director
Cost:
Indexes:
Attachments: ETHERIDGE(77)—electric easement PUA, ETHERIDGE(77)--PUA Property Location
Exhibits
Department: Utilities & Environmental Services
Text of Legislative File CM-2021-234
The Brushy Creek Regional Utility Authority (BCRUA) is in the process of acquiring easements necessary for
the construction of an electrical line that is required in order to provide power to the future pump station
for the Phase 2 Deep Water Intake project.
This Possession and Use Agreement is with Mark L. Etheridge for the acquisition of 0.165 acre along the
property.
This parcel is currently in an active condemnation suit; however, the electric design engineers are
considering a modification to the required easement area. Both parties have agreed to postpone the
hearing until November 3, 2021 for additional negotiations. In the meantime, this agreement will allow
access to the property to begin work to ensure the overall project schedule is not postponed.
City of Round Rock Page I of 1
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
�T,;r�"�.� Dana DeBeauvoir, y Count Clerk
,,. Travis County, Texas
Sep 07, 2021 03: 52 PM Fee: $ 66.00
2021199852
'Electronicai y Recorded"
This page is
intentionally added for
electronic file stamp.
2021199862 Page 2 of 11
Form ROW-N-0UA
(12/12a
Replaces Form ROW-N-7
Page t of 5
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
STATE OF TEXAS §
§ Parcel No.: 77
COUNTY OF TRAVIS § Project: BCRUA
This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF
ROUND ROCK, TEXAS ("Grantee"), and MARK L. ETHERIDGE (the "Grantor" whether one or
more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an
irrevocable right to possession and use of the Grantor's property for the purpose of constructing
improvements to Trails End Road Electrical Facilities and related utility adjustments (the "Project").
The property subject to this Agreement is described more fully in Feld notes, plat map or other
description (attached as "Exhibit A") and made a part of this Agreement by reference (the "Property").
L For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, and conveys to Grantee the right
of entry and exclusive possession and use of the Property for the purpose of constructing Electric
Transmission lines, utility adjustments and all related appurtenances thereto and the right to remove
any improvements. Authorized activities include surveying, inspection, environmental studies,
archeological studies, clearing, demolition, construction of permanent improvements, relocating,
replacing, and improving existing utility facilities, locating new utility facilities, and other work
required to be performed in connection with the Projects. This Possession and Use Agreement will
extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property and
those which may be lawfully permitted on the Property by the Grantee in the future, and all others
deemed necessary by the Grantee for the purpose of the Projects. This grant will allow the
construction, relocation l replacement, repair, improvement, operation and maintenance of utilities on
the Property only.
2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties, and obligations under this Agreement, the Grantee agrees to postpone the special
commissioners hearing currently set for August 23, 2021 until November 3, 2021. The Grantor
agrees that this agreement represents adequate and full consideration for the possession and use of
the Property. Grantee will be entitled to take possession and use of the Property upon recording of
this executed document in the real property records, subject to the conditions in paragraph 14 below,
if any. The parties agree that the sum tendered represents 0% of the Grantee's approved value,
which assumes no adverse environmental conditions affecting the value of the Property. The
approved value is the Grantee's determination of the just compensation owed to the Grantor for the
real property interest to be acquired by the Grantee in the Property, encumbered with the
improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas, and
sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final
Settlement amount, Special Commissioners' award or court judgment. In the event the amount of the
final settlement or judgment for acquisition of the Property is less than the amount the Grantee has
paid for the possession and use of the Property, then the Grantor agrees that the original amount
tendered represents an overpayment for the difference and, upon written notice from the Grantee, the
Grantor will promptly refund the overpayment to the Grantee.
10111,101111
* N P U a *
2021199862 Page 3 of 11
Foam ROWN-PUA
(12H2;
Repfeus Form ROWN-7
Page 2 of S
3. The effective date of this Agreement will be the date on which the final party executes the document.
(the "Effective Date").
4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances except as disclosed to Grantee in that certain title commitment numbered T-124642
effective January 28, 2021 by Title Resources Guaranty Company, and that proper releases will be
executed for the Property prior to funds being disbursed under this Agreement. The Grantor further
warrants that no other person or entity owns an interest in the fee title to the Property and further
agrees to indemnify the Grantee from all unreleased or undisclosed liens, claims or encumbrances
affecting the Property.
5. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent
domain proceeding purposes, will be November 3, 2021.
6. This Agreement is made with the understanding that the Grantee will continue to proceed with
acquisition of a real property interest in the Property. The Grantor reserves all rights of
compensation for the title and other interest in and to the Property which the Grantor holds as of the
time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way
prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the
Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the
improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any
larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the
Effective Date of this Agreement. The Grantee's removal or construction of improvements on the
Property shall in no way affect the fair market value of the Property in determining compensation
due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's
rights to any relocation benefits for which Grantor may be eligible.
7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not
be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for
any period of time prior to the date of the award. Payment of any interest may be deferred by the
Grantee until entry of judgment.
8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and
to allow the Grantor to avoid proceeding with condemnation litigation at the current time and
continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor
expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives
any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in
any condemnation proceeding for acquisition of the Property related to the Project, based upon
claims that the condemning authority has no authority to acquire the Property through eminent
domain, has no valid public use for the Property, or that acquisition of the Property is not necessary
for the public use.
9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
2021199862 Page 4 of 11
Fort ROW-N-PUA
(12112,
Replaces Form ROV44&7
Pape 9 of 5
Nothing in this reservation will affect the title and rights of the Grantee to take and use all other
minerals and materials thereon, and thereunder.
10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and
special assessments assessed against Property until the Effective Date, including prorated taxes until
the Effective Date for the year in which the Grantee takes title to the Property.
I I. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a
condemnation proceeding by depositing the Special Commissioners' award into the registry of the
court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall
continue to remain in effect until the Grantee acquires title to the Property either by negotiation,
settlement, or final court judgment.
12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
13. It is agreed the Grantee will record this document.
14.Other conditions: N/A
15. By its authorized signature below the following Tenants which have a leasehold interest in the
Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property
pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein:
Tenants:
At no time during the possession of the Property by Grantee for the purposes described herein shall
Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land for
its current uses without 12rior advance agreement between Grantor/Tenant and Grantee.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the
limitations set forth above.
[signature pages follow]
2021199862 Page 5 of 11
GRANTOR:
Mark L. yEtjdo=�
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF
COUNTY OF _ ,M /K-
Farm ROWN-PUA
(12112)
Replaces Form R0*N-7
Page 4 of 5
This instrument was acknowledged before me on this theo�,�ay of �, 2021 by
in the capacity and For the purposes and consideration recited herein.
SHELLY A. DAYIS
Notary Pubtic, St At of Tema
My Comm. leap. 04-23-ZMS
ID No.13M36 4 6
otary u blic, ,State of
Printed Name: Ikq Jis
My Commission Expires: a;. 23,;Z0;d
2021199852 Page B of 11
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By: ._ _W V
Name: 1"'I'l-ala.
its:��-f_y'
ACKNOWLEDGMENT
STATE OF TEXAS
Form ROWN-PUA
(12112)
Replaces Fort ROWN-7
Page 5 of 5
COUNTY OF WILLIAMSON
l4aTWS ins r ment was acknowledged before me on this the 14ay of , 2021 by
_ ...._ . tel
in the capacity and for the purposes and c nsideration recited
herein.
110901OUE'10 "
OZARY p(f�l;00
''i)' irr+
r
otary Pub c State of Tex
9rF �y Printed Name:
OF TER
: r r My Commission Expires
��
2021199862 Page 7 of 11
BCRUA 077
MARK L. ETHERIDGE
Walker Partners
engineers *surveyors
8041as Cirnas Pkwy., Su'le 150
Austin, Texas 78746
0.165 ACRE
ELECTRIC EASEMENT
LOCATED IN THE S. HAYFORD SURVEY, ABSTRACT 2246,
THE G.W. DRAPER SURVEY, ABSTRACT 229 AND
THE R. BLACKWELL SURVEY, ABSTRACT 83
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 0.165 ACRE STRIP OF LAND LOCATED IN THE S. HAYFORD SURVEY, ABSTRACT 2246, THE G.W
DRAPER SURVEY, ABSTRACT 229 AND THE R. BLACKWELL SURVEY, ABSTRACT 83 IN TRAVIS COUNTY, TEXAS, BEING A
PORTION OF A CALLED 49.820 ACRE TRACT DESCRIBED IN A DEED TO MARK L ETHERIDGE, OF RECORD UNDER TRAVIS
COUNTY CLERK'S DOCUMENT (T.C.C.D.) 2003261029, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS
(O.P.R.T.C.T.). SAID 0.165 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING
MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING A 1/2" IRON ROD WITH CAP STAMPED *JACOBS PROP. COR.' FOUND IN THE WEST MARGIN OF TRAILS END
ROAD (8(V WIDE), MARKING THE NORTHEAST CORNER OF SAID MARK L. ETHERIDGE 49 820 ACRE TRACTAND THE
HEREIN DESCRIBED EASEMENT, BEING THE SOUTHEAST CORNER OF A CALLED 50.51 ACRE TRACT DESCRIBED IN A
DEED TO CARL SKILES AND SUSAN SKILES, OF RECORD UNDER T C.C. D. 2017165466 OF SAID O P_R.T C.T.;
THENCE WITH THE WEST MARGIN OF TRAILS END ROAD, ALONG THE EAST LINE OF SAID 49.820 ACRE TRACT, THE
FOLLOWING THREE CALLS:
1) S 31.42'42" W - 621.13' TO A 5/8" IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE LEFT,
2) AN ARC LENGTH OF 294.81', WITH SAID CURVE TO THE LEFT HAVING A RADIUS OF 995.25' AND A CHORD
WHICH BEARS S 23'13'45' W - 293 73' TO A POINT AT THE END OF SAID CURVE,
3) S 14.28'30" W - 59.87' TO A 1/2" IRON ROD WITH CAP STAMPED `WALKER PARTNERS' SET FOR THE SOUTHEAST
CORNER OF SAID 49 820 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT, BEING THE NORTHEAST
CORNER OF A CALLED 11 50 ACRE TRACT DESCRIBED IN A DEED TO LEROY S. BERGERON AND BARBARA F.
BERGERON OF RECORD IN VOLUME 13379. PAGE 4839 OF THE REAL PROPERTY RECORDS OF TRAVIS
COUNTY, TEXAS (R.P R T C.T )
THENCE N 67427'15" W - 4.46' WITH THE COMMON LINE BETWEEN SAID 49.820 ACRE TRACT AND SAID 1150 ACRE
TRACT TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2' IRON
ROD MARKING THE NORTHWEST CORNER OF SAID 1150 ACRE TRACT BEARS N 67'27'15' W-1275.76.
THENCE THROUGH THE INTERIOR OF SAID 49.820 ACRE TRACT THE FOLLOWING ELEVEN CALLS'.
1) N 16.24'55" E-16.7T' TO A POINT FOR ANGLE,
2) 14 IV60'24" E-132.12' TO A POINT AT AN INTERIOR ELL CORNER.
3) N 67'09'41" W - 30.55' TO A POINT FOR CORNER,
4) N 22.50'19" E-10.00' TO A POINT FOR CORNER,
5) S 67.09'41" E - 30.24' TO A POINT AT AN INTERIOR ELL CORNER,
6) N 23-34-21" E-102.08' TO A POINT FOR ANGLE,
7) N 26-38'52" E-107.07' TO A POINT FOR ANGLE,
8) N 31°16'57" E-145.59' TO A POINT FOR ANGLE,
9) N 31.20'27" E-146.93' TO A POINT FOR ANGLE,
10) N 31.42'42" E-157.91' TO A POINT FOR ANGLE,
11) N 32.04'22" E-156.64' TO POINT IN THE COMMON LINE BETWEEN SAID 50.51 ACRE TRACT AND SAID 49.820
ACRE TRACT, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON
PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID 49 820 ACRE TRACT BEARS
N 73'19'57' W - 2726 63'.
www.WalkerPortners.com
TBPE Registration No. 8053 , TBPLS Regislrafion No. )0194317
G:\Projects\3-00619\3 Phase 2 Land Righls\ 1 Swvey\ 1.5 Final Copies\Field Noles\FNJ7.docx
2021199862 Page 8 of 11
THENCE $ 73.19'S7" E — 9.33' WITH THE COMMON LINE BETWEEN SAID 50 51 ACRE TRACT AND SAID 49.820 ACRE TRACT.
RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.165 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L. SIMPSON, REGISTERED
PROFESSIONAL LAND SURVEYOR, NO.4122.
BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
SURVEYED: AUGUST 24, 2017
RELEASED: JANUARY 25, 2018
R SED• AUGUST 23. 2021 ( DUCED EASEMENT SIZE)
�
F TF
�P� oiS 7 E,q•. ;.�
WARREN L. SIMPSON, R P L.S 4122
PROJ NO.3-00619
...........fees...
WARREN L. SIMPSON
PLAT NO. Al-1318
FIELD NOTE
. ...............
:gip 4122
NO 077
MAP CHECKED.08120/2021-WLS
9�fieosSO�.y��
www.WalkerPartners.com
G:\Projects\3-0D619\3 Phase 2 land Rights\ I Survey\ 1.5 Final Copies\Feld 14oles\FN-77.docx
2021199862 Page 9 of 11
LEGEND
•
+7tONRWfOURO
MUSS OMWAE NWEO)
( 1
•OEEDCAitS
0AIC1.
• DECO RECMSIRAVIS
CDUNIY IEAAS
I.C.CD.
•1RAVISCOMFY
CL{ WS DOcmNI
OPA.I.CI
•ONTICNIPURICPEOM
TRAVOCOUNIY TEXAS
RP.RI C I
: REAL PAOMTY RE00RDS
IRAV6COW4v TEMAS
• EASEAENT AREA
®
=WA3IEWTfRW4I101C
=TWKTCSEN
• FMR ML
�
=OLLYWIE
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•OME1trt6AD FilEP1tONE lltf
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a0rElblFitpSEGIR1CltIF
SURVEYM HOTFE
SUFW YER AUGUST W 201?
RHEASEaIE tA1RIARY? Mto
REVISED*WMI21.2"I REOt1CX0FASEFAETIIM
MD WM ATTACREO10111IO. MADE A PARTNEREW
AID TWO.
6.143 AM tLECTRIC UUlWNT LOriTW MINER
NATFORD SuRVET A1I6FRw T71t.THE O.YL6RAM
SURVET.AUTtt11CT MA11D TRe A 6LACRNELL SURVEY
ABSTRACT83.IN TRAVIS OOWMTV, NW.
THE SURVEYORIMPROTA931PACI TIESUBIECT tWLi
IHIS SURVEY WAS PEq:MED WIINOVI IFIE 6ENEFII OF
A111LERFPORT.IUENEFORE IFESURVEYORCERITr'E4
NIt41 EASEWNtSIMF EKA9eEENADVBEmi2A6 ,%--
Iff"ADOISSUDNEPf01t. 00NEYM (HE1#DI\EYQR
OOPS NOI OLMAWTEE DV1TAU EASEWRI$
RESiR)CTIONSOR VjMUSMNCES(BINEROF%Cp1O
OR NOT OFRECO" W1CM NWv AtFICT IIE WJU(;T
1RAC1 APE SFIDYAI NEREON
DK EIEARNOS ANO COORtMWaES SLt0MT1ItEREON ARE
BASED UPON INE FEAASST411 PLVM COOFAWAIE
SYSTEM.HAOII CERTRAt TONEACOVREOFROIFOLOW
POS111 W10SWEWISSNNAIIDIK
BCRUA OW
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WLIED 1196Ad1ES
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6P R T.C.T. CONCRETE
OR11E
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a 23 130 W EXHIBIT
OF A 0365 ACRE RLRCTRIC EASEMENT LOCATED IN THE a
HATFORD EURVET. AB6TRACT 224A THE G.W.1>'RAFRR SURYRT,
k ABSTRACT 229 AND THI R. RUCE;W!<LL 9URva, ABBIRACP 83
? IN TRAM$ COUNTY, TnA% BEING A PORTION OF A CALLED
49MO ACRE TRACT ORSCRIBRD IN A DEED TO MARL L
ETHERIDGK Or RECORD UNDER TRAY2S COURW CLRRL'S
D=MBW 2003281029 OF THE OPFICIAL PURLIC RECORDS OF
S 1478'90-W 69.87' TIIAVIS COUNW.=AIL
(3IVM43 W Si,)
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2021199852 Page 11 of 11
BCBUA On
MARE L ETHRRD76R
112 04MAW LUFIO
LEGEND PPEFCUIO CAMURESAIDSLISMWES WIIMCAP3TMWE,
CAILEO SUI ACRES ACOBS PROPCf>fl-
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TCCO •IPAMCOUNTY
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OPRT.C.P. -OFFICIAL PUB k RIOORDS
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SURVEYORS NOTES: CALLED 41AN ACRES
T.CRA.21p21103! � ,1,
SURVEYED AIIG41 aall OP ILl&.T CONCRETE
RELEASE DATE: LAMIA"75 268 KEYPAD
REVSEOAUGUST 21,2123: REDJOEDEA MEAN SIB AyA
0.185ACRE ,U � ,+yi
FIELD NOTES ATTACHED HERETO. NMI APART THEREOF
ANBmLEa ELECTRIC �,� � *`
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HBliUAC49 C KCMC UCkI NT LOCH TEEASEMENT �
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SUWdU ABSTRACT
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FI* SVRVEYORODIIOT ABSIRACI HESUB=T IRACI ' Y AYNNG ��
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DOES NOT%wWIEETHAIAL EASEMENTS.
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OR NOT OF RECORD) VINICHMAY AFTECfTHE SUBJECT AV
TRACI ARE SNOWM HMO. ( R00 FOUND
I E BEAPRHGS ANDCODUMIOS St1" HEREONARE
BASEDUPONTHEIERASSIATEPLANE COORMAIE rM1�AO
SYSTEM. NADUCENTRAL X EACQUIREDFROMGLOBAL
POSNIOMING SYSTEM OBSERVATIONS.
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M CHO-29373• 1925WSr W1
N22'S0'f9'E 1000' :1► w S25'f3'45'w EXHIBIT
OF A 0.1N ACRE ELECTRIC EASEMENT LOCATED EN THE S
N 07`DB 11 ' w 30 56' HATFORD SURVEY, ABSTRACT 2US, THE G.W. DRAPER SURVEY,
LT RUN WE FO Q ABSTRACT no AND THE R. BLACKWELL SURVEY, ABSTRACT 83
MAl V4 Y W CBR%R '� IN TRAVIS COUNTY, TEXAS, BRING A PORTION OF A CALLED
iur311A A
5CArMIMF yF 4"20 ACRE TRACT DZ=19ED 1N A DEED TO MARK L
F14 ' ETHBRIDGE OF RECORD UNDER TRAVIS COUNTY CLERCS
7rA ly, F N T8?4'65-E DOCUMENT 2DO3251029 OF THE OFFICIAL PUBLIC RECORDS OF
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