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CM-13-12-269ROUND ROCK TEXAS NMI`OSE rasion mux rram City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a wastewater line easement with Nelson Homestead Family Partnership, Ltd. for a tract of land containing approximately 4.123 acres. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/13/2013 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: $10.00 Indexes: Attachments: Nelson_Homestead_Wastewaterline_Easement.pdf Department: Planning and Development Services Department Text of Legislative File CM -13-12-269 City of Round Rock Page 1 Printed on 12/19/2013 WASTEWATER LINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas limited partnership ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid to GRANTOR by the CITY OF ROUND ROCK, TEXAS, a home rule municipal corporation situated in the County of Williamson, State of Texas ("GRANTEE"), the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto Grantee a perpetual easement to construct, install, operate, maintain, inspect, enlarge, reconstruct, rebuild, relocate and remove an underground wastewater distribution system and wastewater lines, together with all necessary related lines, pipes, conduits, valves, vaults, manholes, ventilators, and other necessary equipment, improvements and appurtenances related thereto, in, upon, over, under, and across the following described property (the "Property" or "easement area" or "easement"), to -wit: That certain tract of land containing approximately 4.123 acres, more or less, as described on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. All lines, pipes, vaults, conduits and other facilities installed pursuant to this easement shall be placed and maintained underground, except that valves, manholes, ventilators and other equipment and appurtenances related thereto may be placed and maintained above -ground as necessary or desirable. This grant is hereby made by Grantor and accepted by Grantee without warranty, either express, implied or statutory. Grantor specifically excludes all warranties that might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successor). This conveyance is made and accepted subject to any and all conditions, restrictions, covenants, ordinances, easements, and other title matters, if any, relating to the hereinabove described property that are: (i) of record in Williamson County, Texas, and/or (ii) discoverable by an on the ground survey of the Property, together with rights of lessees under the unrecorded grazing lease entered into as of September 1, 2012 between Nelson Homestead Family Partnership, Ltd., and James A. Davidson, Jr. (AKA Buster Davidson) and Dennis L. Davidson DBA Davidson Brothers. The terms, provisions and obligations hereof shall be covenants running with the land affected hereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators, successors, and assigns. (W0602724.2) 1 CM -\3 - v2- 21 9 Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights, and privileges shall cease and revert to Grantor in the event the water line and related systems are abandoned, or shall cease to be used, for a period of five (5) consecutive years. Except as otherwise provided herein, Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the waterline contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the waterline. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of Grantor's property which is isolated from the easement by any public highway or road now crossing or hereafter crossing the property; the foregoing right of ingress and egress includes the right of the Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from the Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with the rights conveyed to Grantee herein; (b) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right of construction, maintaining and using such roads on and across Grantor's property as Grantee may deem necessary in the exercise of the right of ingress and egress; (c) the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (W0602724.2 } 2 (d) upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (e) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement; and upon notice to and approval of Grantor, which approval shall not be unreasonably withheld or delayed, the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement area; (b) Grantee shall promptly backfill any trench made by it on the easement area and repair any damage it shall do to Grantor's property; (c) Grantee shall, to the extent allowed by law, indemnify and hold harmless Grantor and its heirs, executors, administrators, partners, successors and assigns from and against all liability, damages, suits, actions, lien claims, costs and expenses of whatsoever nature (including reasonable attorney's fees) to persons or property caused by or arising out of any of Grantee's operations or activities hereunder, including those of Grantee's agents and contractors. Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns, also excepts from the grant and retains and reserves the right to fully use and enjoy the Property for any and all purposes which do not unduly interfere with and prevent the use by Grantee of the easement as provided herein, including, without limitation, the rights to: (i) farm, graze livestock, and construct, install, maintain and utilize fences, terraces, and other related facilities for farming and grazing in, upon, over, under, and across the Property, (ii) construct, install, maintain and utilize private streets, roads, driveways, alleys, walks, lawns, parking areas and other like uses in, upon, over and across the Property, (iii) construct, install, maintain and utilize utility lines, (W0602724.2 } 3 facilities and related equipment, improvements and appurtenances in, upon, over, under, and across the Property and (iv) construct, install, maintain and utilize unimproved, non -structured (such as culverts and inlets) drainage ditches, channels and facilities in, upon, over, under, and across the Property. It is understood and agreed that construction, maintenance, and use of roads and driveways for any use, as well as unimproved, non -structured (such as culverts and inlets) drainage ditches, channels and facilities, in, upon, over, under, and across the Property is a reasonable use thereof and shall not be considered to interfere with or prevent the use of such easement. Except as otherwise permitted herein, Grantor shall not erect or construct on the easement area any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, or drill or operate any well or septic system, or construct any reservoir or other obstruction on the easement area, or diminish or substantially add to the amount of soil covering the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before constructing any improvements which are otherwise prohibited hereunder (other than replacement of improvements existing on the date hereof), at least ten (10) days written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the easement area, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any such improvements within the easement area. In addition, Grantor, for itself and Grantor's heirs, executors, administrators, successors and assigns, excepts from the grant and retains and reserves the right to fully use and enjoy the Property for purposes of maintaining and utilizing any facilities and related equipment, improvements and appurtenances in place in, upon, over, under, and across the Property as of the date hereof. Grantor reserves the right to convey similar rights and privileges, in, upon, over, under, and across the Property, to such other persons and at such other times as Grantor may so desire, provided that such additional rights and privileges granted shall be exercised in a reasonable manner so as not to materially interfere with the rights of Grantee herein. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee unless same are abandoned, or shall cease to be used, for a period of five (5) consecutive years. Notwithstanding the foregoing, this instrument does not grant to Grantee the right to store equipment or other personal property not in use on the Property. Grantor has executed and delivered this agreement, and Grantee has received and accepted this agreement and the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (I) THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS (W0602724.2} 4 AND WARRANTIES RELATED TO FITNESS FOR A PARTICULAR USE OR PURPOSE; (II) THE SOIL CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE PROPERTY OR WHICH AFFECT THE PROPERTY; (III) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL, OR OTHERWISE; (IV) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION, OR AMOUNT OF THE PROPERTY; (V) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; (VI) ANY ENVIRONMENTAL, GEOLOGICAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (VII) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER. [Signature page to follow] (W0602724.2 ) 5 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this the day of , 2013. GRANTOR: NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., a Texas Limited Partnership By: NELSON HOMESTEAD MANAGEMENT, LLC, a Texas limited liability company (its general partner) By: John C. Nelson, Manager GRANTEE: CITY OF ROUND ROCK, TEXAS B ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared John C. Nelson, Manager of Nelson Homestead Management, LLC, the general partner of Nelson Homestead Family Partnership, Ltd., known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument. GIVEN under my hand and seal of office on this day of , 2013. Notary Public, State of Texas (W0602724.2} 6 ACKNOWLEDGMENT STATE OF TEXAS § L , COUNTY OF L )(( (i4,114861(-- § 4'IcvFOREid M t e undersigned authority, on this day personally appeared ! , of the City of Round Rock, known to me to be the persons whose name is subscribes to 1' e foregoing instrument, and acknowledged to me that he executed said instrument. GIVEN under my hand and seal of office on this 11 day of 1 \(.0)013. AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 Notary PublState of Texas { W0602724.21 7 { W0602724.2} EXHIBIT "B" THE WASTEWATER LINE EASEMENT TRACT 4.123 ACRES McNUTT VON-MCC9 CITY OF ROUND ROCK NELSON EASEMENT EXHIBIT PROPERTY DESCRIPTION Page 1 of 7 NOVEMBER 11, 2013 DESCRIPTION OF A 4.123 ACRE (179,577 SQUARE FOOT) TRACT OF LAND SITUATED IN THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE JOHN JUSTICE SURVEY, ABSTRACT NO. 356 IN WILLIAMSON COUNTY, TEXAS, SAID 4.121 ACRES BEING A PORTION OF THE REMAINDER OF A CALLED 1162.08 ACRE TRACT CONVEYED TO NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD., IN DOCUMENT NO. 9824078 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 534, PAGE 562 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THE REMAINDER OF A CALLED 868.54 ACRE TRACT CONVEYED TO SAID NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD IN DOCUMENT NO. 9824076 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 1133, PAGE 639 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 4.123 ACRE (179,577 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the southerly Right -of -Way line of University Boulevard (Chandler Road), same being the southerly line of that called 19.9353 acre tract (Tract 1) for said Right -of -Way conveyed to Williamson County, Texas by instrument recorded in Document No. 2003097124 of the Official Public Records of Williamson County, Texas. same being the northerly boundary line of said remainder of 1162.08 acre tract, for the northwesterly comer of the herein described tract, and from which the calculated northeasterly corner of the southerly remainder of a called 300.43 acre tract conveyed to Avery Ranch Company, Ltd. et. al. by instrument recorded in Document No. 2002071336 (Parcel Three, Tract I) and described in the Second Tract of the Ninth Tract in Volume 305, Page 228 of the Deed Records of Williamson County, Texas, bears S 69°46'01" W, along said Right -of -Way line, at a distance of 82.55 feet; 1) THENCE with said southerly Right -of -Way line of University Boulevard (Chandler Road), same being the said northerly boundary line of remainder of 1162.08 acre tract, N 69°46'01" E, for a distance of 20.00 feet to the calculated northeasterly corner of the herein described tract, THENCE departing said southerly Right -of -Way line, through said remainder of 1162.08 acre tract, the following (9) nine courses: 2) S 21°46'13" E, for a distance of 35.28 feet to a calculated angle point; 3) S 17°11'32" W, for a distance of 315.72 feet to a calculated angle point; 4) S 22°01'57" E, for a distance of 376. 14 feet to a calculated angle point: 5) S 63°38'15" E, for a distance of 1392.52 feet to a calculated ell corner; 6) N 26°21'45" E, for a distance of 5.00 feet to a calculated ell corner; 7) S 63°38'15" E, for a distance of 824.41 feet to a calculated angle point; 8) N 76°25'02" E, for a distance of 719.50 feet to a calculated ell comer; 9) S 13°46'18" E, for a distance of 313.92 feet to a calculated angle point; 10) S 71°03'39" E, at a distance of 96.32 feet, pass the proposed westerly Right -of Way of a 110 foot wide strip of land (Arterial "A"), at a distance of 206.32 feet, pass the proposed easterly Right -of Way of said 110 foot wide strip of land (Arterial "Al, same being the proposed southwesterly comer of a proposed 30' wide strip of land to be conveyed for easement, and continuing for a total a distance of 236.32 feet to a calculated ell corner, same being the proposed southeasterly comer of said 30' wide strip of land; THENCE 30 feet easterly of, parallel and concentric with said proposed easterly Right -of -Way line of Arterial "A", continuing through said remainder of 1162.08 acre tract, the following (3) three courses: B-1 { W0602724.2 } 4.123 ACRES McNUTT W W-MCC9 CITY OF ROUND ROCK NELSON EASEMENT Page 2 of 7 NOVEMBER 11.2013 11) S 18°26'40" W, at a distance of 289.0 feet, pass the approximate northeasterly boundary line of a 35 foot wide easement conveyed to Seminole Pipeline Company, the northeasterly 30 feet of which was conveyed by instrument recorded in Volume 844, Page 659 of the Deed Records of Williamson County, Texas and the southwesterly 5 foot wide supplemental easement conveyed to said Seminole Pipeline Company, by instrument recorded in Volume 2169, Page 795 of the Official Records of Williamson County, Texas, at a distance of 324.3 feet, pass the approximate southwesterly Right -of -Way line, and continuing for a total distance of 719.57 feet to a calculated Point of Curvature of a curve to the left; 12) along said curve to the left, having a delta angle of 55°52'03", a radius of 1410.00 feet, an arc distance 1374.85 feet and a chord which bears S 09°29'21" E, for a distance of 1321.03 feet to a calculated Point of Tangency; 13) S 37°25'23" E, for a distance of 322.20 feet to a point in the calculated southerly boundary line of said remainder of 1162.08 acre tract, same being in the northerly boundary line of said remainder of 868.54 acre tract, and from which a 1/2" iron rod found for angle point in said common boundary line in the ostensible northerly Right -of -Way of County Road 112 (Right -of Way width varies), bears N 77°06'26' E, at a distance of 214.20 feet; 14) THENCE, departing said 1162.08 acre tract, through said remainder of 868.54 acre tract, continuing S 37°25'23" E, for a distance of 75.05 feet to a calculated point in the existing northerly Right -of -Way of County Road 112 for the southeasterly comer of the herein described tract; 15) THENCE, with said existing Right -of -Way, S 52°35'04" W, for a distance of 30.00 feet, being the southeasterly comer of said proposed Arterial "A" , for the southwesterly corner of the herein described tract; 16) THENCE, departing said existing Right -of -Way, through said remainder of 868.54 acre tract, with the proposed easterly Right -of -Way of said Arterial "A", N 37°25'23" W,. for a distance of 88.74 feet a point in said calculated northerly boundary line of remainder of 868.54 acre tract, same being in said southerly boundary line of remainder of 1162.08 acre tract; THENCE, departing said common boundary line, through said remainder of 1162.08 acre tract, with said proposed easterly Right -of -Way of Arterial "A', the following (3) three courses: 17) N 37°25'23" W, for a distance of 308.51 feet to a calculated Point of Curvature of a curve to the right; 18) along said curve to the right, having a delta angle of 55°52'03", a radius of 1440.00 feet, at an arc distance an of 192.97 feet, pass a calculated comer of a proposed 30 foot wide easement, at 222.10 feet, pass a calculated comer of said proposed 30 foot wide strip of land, and continuing for a total arc distance of 1404.10 feet and a chord which bears N 09°29'21" W, for a distance of 1349.14 feet to a calculated Point of Tangency 19) N 18°26'40" E, at a distance of 399.4 feet, pass said approximate southwesterly boundary line of said 35 foot wide Seminole Pipeline easement, at a distance of 434.8 feet, pass said approximate northeasterly boundary line of said easement, and continuing for a total distance of 689.82 feet to a calculated ell corner; THENCE, departing said proposed easterly Right -of -Way of Arterial "A", continuing through said remainder of 1162.08 acre tract, the following (9) nine courses: 20) N 71°03'39" W, at a distance of 110.00, pass said proposed westerly Right -of -Way of Arterial "A", and continuing for a total distance of 222.97 feet to a calculated angle point: 21) N 13°46'18" W, for a distance of 300.40 feel to a calculated ell corner, 22) S 76°25'02" W, for a distance of 700.49 feet to a calculated angle point, and from which, said approximate northeasterly boundary line of the 35 foot wide Seminole Pipeline easement bears S 26°21'45" W, at a distance of 4.0 feet; 23) N 63°38'15" W, for a distance of 835.32 feet to a calculated ell corner, and from which, the approximate northeasterly boundary line of said easement bears S 26°21'45' W, at a distance of 4.2 feet; 24) N 26°21'45" E, for a distance of 5.00 feet to a calculated ell corner, 25) N 63°38'15" W, for a distance of 1400.12 feet to a calculated angle point, and from which, said approximate northeasterly easement line bears S 26°21'45" W, at a distance of 9.5 feet; B-2 4.123 ACRES McNUTT W W-MCC9 CITY OF ROUND ROCK NELSON EASEMENT Page 3 of 7 NOVEMBER 11, 2013 26) N 22.01'57" W, for a distance of 390.86 feet to a calculated angle point; 27) N 1711'32" E, for a distance of 315.77 feet to a calculated angle point; 28) N 2196'13" W, for a distance of 28.74 feet to the POINT OF BEGINNING, containing 4.123 acres (179,577 square feet) of land, more or less. NOTE: This easement is accompanied by a 50' wide temporary construction easement being coincident with, parallel and easterly of the above described courses 2 thru 13 as shown on the accompaning sketch. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. • M. StepheTrue dale Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No: 100591-00. 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 (512) 238-1200 (W0602724.2 } B-3 //V%/3 Date "*y • • • • DESCRIPTION • • • • \ ♦ \-a'' \ 2\ \'• 0 z J N Z 0 1- Faa J qu<pJNti.1<4 , <a ¢ <aa�iu au W._ F- gpN •3 p�v3 I—= f— I1 .�_iEgaWome wNzd a za"p2.6 - La 0 Nig i-1 = Z W 61� Cr z < W . \\ rf\\\SS On, r- \ .;\ \! t- 4 J >- • \ r f ♦ \ W �„; 1„L \ \\\< o W4 \ \ \N° \ iF..\\ •\ \ \<O \ U2VN \\ ¢ DM.' \ \\ O¢O - \ W2W,Ze \ SO \ \ • • ♦4 • F4i 01'S7•W-190.B6 w ~ < w` / / V 86A / '26:7'. 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