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R-95-08RESOLUTION R -95 -08 WHEREAS, the Village of Deerfield, an Illinois municipal corporation, hereinafter referred to as "Deerfield ", has requested the Board of Education, Deerfield Public School District No. 109, Lake County, Illinois, to grant an easement for the construction of a water main and water lines in, upon and through certain school property in said District, commonly known as "Kipling School "; and, WHEREAS,'the Board of Education is desirous of granting said easement to Deerfield pursuant to the provisions, terms and conditions of a certain easement agreement, a copy of which is attached to this Resolution, marked Exhibit "A" and made a part hereof and further which easement is legally described and outlined on Exhibit "B ", attached hereto and mae a part hereof. NOW, THEREFORE, be it resolved by the Mayor and Board of the Village of Deerfield, Lake and Cook County, Illinois as follows: SECTION That the preambles of this Resolution be and they ONE: are hereby made a part hereof. SECTION That the Corporate Authorities of the Village of TWO: Deerfield do hereby accept the grant to the Village of Deerfield, Illinois, of the easement for a water main and water line construction and installation as described on Exhibits A and B. SECTION That the President and Board of Trustees are THREE: hereby authorized to execute the easement agreement as set forth in Exhibit A, attached hereto as aforesaid. SECTION That the Village Clerk of the Village of FOUR: Deerfield be and is hereby authorized and directed to certify this Resolution and deliver a certified copy thereof to the Recorder of deeds of Lake County and the secretary of the Board of Education forthwith. SECTION This Resolution shall be in full force and effect FIVE: from and after its adoption and passage in the manner provided by law. AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None ( 0 ) ABSENT: Heuberger (1) PASSED this 15th day of May A.D., 1994. APPROVED this 15th day of May A.D., 994. i LAGE PRESIDENT JKS \28267.1 4/19/95 RESOLUTION WHEREAS, the Village of Deerfield, a municipal corporation, hereinafter referred to as "Deerfield ", has requested the Board of Education, Deerfield Public School District No. 109, Lake County, Illinois, to grant an easement for the construction of a water main and water lines in, upon and through certain school property in said District, commonly known as "Kipling School "; and, WHEREAS, this Board of Education is desirous of granting said easement to Deerfield pursuant to the provisions, terms and conditions of a certain easement agreement, a copy of which is attached to this Resolution, marked Exhibit "A" and made a part hereof and further which easement is legally described and outlined on Exhibit "B ", attached hereto and made a part hereof; NOW, THEREFORE, it is hereby resolved by the Board of Education, Deerfield Public School District No. 109, Lake County, Illinois, as follows: 1. That the preambles of this Resolution be and they are hereby made a part hereof; 2. That the Board of Education, Deerfield Public School District No. 109, does hereby grant to the Village of Deerfield, Illinois, the easement for a water main and water line construction and installation as requested and shown on Exhibits A and B, attached hereto and made a part hereof; 1 3. That the President of the Board of Education is hereby authorized to execute the easement agreement as set forth in Exhibit A, attached hereto as aforesaid. 4. That the Secretary of this Board of Education be and is hereby authorized and directed to certify this Resolution and deliver a certified copy thereof to the Recorder of Deeds of Lake County and the Village Clerk of the Village of Deerfield forthwith; 5. This Resolution shall be effective upon its passage and adoption. Adopted this day of �L , 1995. By: OJIAl AU)ML (�1 Pr s' ent, B */Education, Education, De r 'eld Public School District No. 109 By: Secretary, Bo d of Education, Deerfield P lic School District No. 109 2 STATE OF ILLINOIS ) SS COUNTY OF LAKE ) CERTIFICATION I, o/ -;F , the Secretary of the Board of Education of Deerfield Public School District 109, Lake County, Illinois, and as such I am the keeper of the records and files of the Board of Education of said District. I DO FURTHER CERTIFY that the foregoing constitutes a full, true and complete copy of the Resolution, entitled Resolution and that said Resolution was duly passed and adopted at a lawfully I convened and held meeting of the Board of Education of said School District held on Ao /e/L /O , 1995. IN WITNESS WHEREOF, I Deerfield, Illinois, this /0 hereunto affix my signature at day of 10L 1995. i Secretary / I, Board of Education, DEERFIELD PUBLIC SCHOOL DISTRICT 109 Lake County, Illinois 0 I � b. EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT WHEREAS, the Village of Deerfield, a municipal corporation, hereinafter referred to as "Municipality ", has requested the Board of Education of Deerfield- Public School District No. 109, Lake County, Illinois to grant easement for construction for a water main and for water lines and appurtenances thereto, to be part of the water system now being constructed and hereafter to be constructed for the purpose of furnishing means by where the territory embraced in said municipality may receive water; and WHEREAS, it is necessary for said Municipality to obtain a perpetual easement, privilege, right and authority to construct, reconstruct, repair, maintain and operate said water main and water lines upon, under or through the premises hereinafter described, and WHEREAS, the grantor is the owner in fee simple of the premises through which said water main and water lines are to be constructed, and is willing to grant a perpetual easement upon, under and through said real estate for the purpose herein specified; NOW, THEREFORE, in consideration of Ten Dollars and other valuable considerations, the receipt of which is hereby acknowledged by the grantor hereto, and of the mutual covenants, EXHIBIT.. I 4 conditions and agreements herein contained, the grantor, DEERFIELD PUBLIC SCHOOL DISTRICT NO. 109, does hereby give, grant and convey to the Municipality and its assignees, the perpetual easement, privilege, right and authoVity to construct, reconstruct, inspect, repair, maintain and operate said water main and water lines upon, under and through the premises owned by the undersigned grantor set forth and described as follows: PARCEL 1: LOT 6 IN THE OWNERS FIRST ADDITION IN DEERFIELD, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 25, 1915 AS DOCUMENT 161061, IN BOOK J OF PLATS, PAGES 46 AND 47, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THAT PORTION OF VACATED WHITTIER AVENUE IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION, OF PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 7, IN 1924, AS DOCUMENT 241049 IN BOOK "N" OF PLATS, PAGE 7, VACATED BY AN ORDINANCE RECORD OCTOBER 22, 1946 AS DOCUMENT 603305, LYING SOUTH AND ADJOINING PARCEL 1 AND DESCRIBED AS FOLLOWS: ALL THAT PART LYING EAST OF THE EAST LINE OF LOT 2 IN AFORESAID GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION, EXTENDED SOUTH TO THE NORTH LINE OF LOT 16 AND WEST OF THE EAST LINE OF LOT 19 IN SAID SUBDIVISION, IN LAKE COUNTY, ILLINOIS. PARCEL 3: LOTS 1 THROUGH 5 AND LOTS 12 THROUGH 19 IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD. PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 7, 1924, AS DOCUMENT 241049, IN BOOK "N" OF PLATS, PAGE 7, IN LAKE COUNTY, ILLINOIS. PARCEL 4: THAT PORTION OF VACATED WHITTIER AVENUE LYING EAST OF THE WEST LOT LINE OF LOT 5 EXTENDED SOUTHERLY TO THE NORTH LOT LINE OF LOT 12 AND WEST OF THE EAST LINE OF LOT 1 EXTENDED SOUTHERLY TO THE NORTH LINE OF LOT 19 AS VACATED BY INSTRUMENTS RECORDED OCTOBER 22, 1946 AS DOCUMENT 6033051 AND ALSO MAY 12, 1948 AS DOCUMENT 6422661 IN LAKE COUNTY, ILLINOIS. In consideration of the grant of the easement herein contained, the Municipality and its assignees hereby agree with the 2 I grantor herein, as follows: 1. That for the period when said water main and water lines are being constructed, the Municipality will use only so much of the premises owned by said grantor as is reasonably necessary for the purpose of constructing said water main and water lines, consistent with sound and economical engineering and construction practices and custom, for the moving, installation and use of machinery and equipment and excavation and laying of the water main and water lines and appurtenances, and back - filling and replacing the soil and material necessarily removed from such excavation; that after the completion of such construction and the restoration of the surface of the ground to its original condition, the said Municipality will use only so much of the grantor's land as is necessary for the purposes of inspection service, maintenance, repair and replacement, and except as herein expressly granted, the grantor shall retain all right to the use and occupation of said real estate, and such use and occupation shall not be interfered with unnecessarily by any work performed under this grant. 2. The said materials, machinery and equipment used in the construction of said sewer, shall be transported to the site of the work only along the line where said water line and water main are being placed, and only for such distance on either side of the center line of the water line and water main as may be reasonably necessary for the purposes of such construction, and all other portions of the premises owned by the grantor shall not be used except by permission of the owner. 3 3. All surface soil and debris excavated from the real estate hereinbefore referred to in the construction of said work, may be disposed of by said Municipality in the same manner as above specified for the transportation of material to the place of construction. The surface of the ground, all fences and other structures on said premises touched or in any manner altered by the construction of said water line and water main, shall be restored to the same condition as nearly as may be as the same existed before the commencement of the work. 4. The municipality shall indemnify and save harmless the said grantor from any loss, damage or expenses in the nature of any legal liability which said grantor may suffer, incur, or sustain, or for which said grantor or said Municipality may become liable, growing out of any injury to persons or to real or personal property caused by any of the work performed under this grant. 5. Said grantor hereby agrees that all connection with said water line and water main made at any point in the line hereinabove described, shall be made in such manner as may be prescribed by said Municipality or its assignees and under its supervision, and such connection shall be used solely for the purposes of providing water. 6. This indenture shall run with the land, and shall be binding upon the grantees, assigns, heirs and successors of the parties hereto. 7. The grantor hereby reserves the right to place playground equipment on or above said easement. The grantor has 4 agreed herein that the grantor will be responsible for removal of said playground equipment if needed for any work to be done by the Municipality on or in said easement. IN WITNESS WHEREOF, said grantor has set its hand and seal and the Municipality has caused its name to be hereto subscribed and its corporate seal to be hereto affixed by its proper officers thereunto authorized this �� day of May 1995. BOARD OF EDUCATION DEERFIELD PUBLIC SCH00 STRICT 109 By: ' Pre ti n ATTEST: Secretary / r VILLAGE OF DEERFIELD By: or ATTEST: VLYlage Clerk STATE OF ILLINOIS ) SS COUNTY OF LAKE ) I, the undersigned, a Notary Public, in and for said County and State aforesaid, DO HEREBY CERTIFY THAT 689A)AAA personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day 5 in person and acknowledged that he /she signed, sealed and delivered said instrument as his /her free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this day of 1995. J -A' Kill'►.,. Notary Public Epdte�F hl 6 J STATT✓ OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 3675001 LAKE ���yTY.IR 1 95 NAY 17 P 11 3 r�ors . 03 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Resolution No. R -95 -08 passed by the Board of Trustees on May 15, 1995 as appears in the records and files of the office of the Village Clerk. Dated this May 16, 1995 " S E - *A L VILLAGE CWP fIR p O 850 WAUKEGWROAD DEE8R&b. ILL/N018 80015 P� I or RESOLUTION R -95 -08 WHEREAS, the Village of Deerfield, an Illinois municipal corporation, hereinafter referred to as "Deerfield ", has requested the Board of Education, Deerfield Public School District No. 109, Lake County, Illinois, to grant an easement for the construction of a water main and water lines in, upon and through certain school property in said District, commonly known as "Kipling School "; and, WHEREAS, the Board of Education is desirous of granting said easement to Deerfield pursuant to the provisions, terms and conditions of a certain easement agreement, a copy of which is attached to this Resolution, marked Exhibit "A" and made a part hereof and further which easement is legally described and outlined on Exhibit "B ", attached hereto and mae a part hereof. NOW, THEREFORE, be it resolved by the Mayor and Board of the Village of Deerfield, Lake and Cook County, Illinois as follows: SECTION That the preambles of this Resolution be and they ONE: are hereby made a part hereof. SECTION That the Corporate Authorities of the Village of TWO: Deerfield do hereby accept the grant to the Village of Deerfield, Illinois, of the easement for a water main and water line construction and installation as described on Exhibits A and B. SECTION That the President and Board of Trustees are THREE: hereby authorized to execute the easement agreement as set forth in Exhibit A, attached hereto as aforesaid. SECTION That the Village Clerk of the Village of FOUR: Deerfield be and is hereby authorized and directed to certify this Resolution and deliver a certified copy thereof to the.Recorder of deeds of Lake County and the secretary of the Board of Education forthwith. SECTION This Resolution shall be in full force and effect FIVE: from and after its adoption and passage in the manner provided by law. AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None ( 0 ) ABSENT: Heuberger (1) PASSED this 15th day of May A.D., 1994. APPROVED this 15th day of May A.D.,•.\1994. JKS \28267,1 9/19/95 SIDENT 36 cool VAN RESOLUTION WHEREAS, the Village of Deerfield, a municipal corporation, hereinafter referred to as "Deerfield ", has requested the Board of Education, Deerfield Public School District No. 109, Lake County, Illinois, to grant an easement for the construction of a water main and water lines in, upon and through certain school property in said District, commonly known as "Kipling School "; and, WHEREAS, this Board of Education is desirous of granting said easement to Deerfield pursuant to the provisions, terms and conditions of a certain easement agreement, a copy of which is attached to this Resolution, marked Exhibit "A" and made a part hereof and further which easement is legally described and outlined on Exhibit "B ",attached hereto and made a part hereof; NOW, THEREFORE, it is hereby resolved by the Board of Education, Deerfield Public School District No. 109, Lake County., Illinois, as follows: 1. That the preambles of this Resolution be and they are hereby made a part hereof; 2. That the Board of Education, Deerfield Public School District No. 109, does hereby grant to the Village of Deerfield, Illinois, the easement fdr a water main and water line construction and installation as requested and shown on Exhibits A and B, attached hereto and made a .part hereof; 1 3675001 3 3. That the President of the Board of Education is hereby authorized to execute the easement agreement as set forth in Exhibit A, attached hereto as aforesaid. 4. That the Secretary of this Board of Education be and is hereby authorized and directed to certify this Resolution and deliver a certified copy thereof-to the Recorder of Deeds of Lake County and the Village Clerk of the Village of Deerfield forthwith; 5. This Resolution shall be effective upon its passage and adoption. Adopted this day of Aw/.L , 1995. By: n16.1 " - Pre i ent, Board o Education, Dee eld ublic School District No. 109 By: Secretary, Board of Education, Deerfi d Public School Distr * No. 109 2 36'iS001 STATE OF ILLINOIS ) SS COUNTY OF LAKE' ) CERTIFICATION I, '2�,O %RL0 �P �� i� the Secretary of the Board of Education of Deerfield Public School District 109, Lake County, Illinois, and as such I am the keeper of the records and files of the Board of Education of said District. I DO FURTHER CERTIFY that the foregoing constitutes a full, true and complete copy of the Resolution, entitled Resolution and that said Resolution was duly passed and adopted at a lawfully convened and held meeting of the Board of Education of said School District held on ,�%a�� 149 1995. IN WITNESS WHEREOF, I hereunto affix my signature at Deerfield, Illinois, this day of ��'L— , 1995. Secretary Board of Education, DEERFIELD PUBLIC SCHOOL DISTRICT 109 Lake County, Illinois 3 'j () Q . S 1 • • 4 ' EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT WHEREAS, the Village of Deerfield, a municipal corporation, hereinafter referred to as "Municipality ", has requested the Board of Education of Deerfield Public School District No. 109, Lake County, Illinois to grant easement for construction for a water main and for water lines and appurtenances thereto, to be part of the water system now being constructed and hereafter to be constructed for the purpose of furnishing means by where the territory embraced in said municipality may receive water; and WHEREAS, it is necessary for said Municipality to obtain a perpetual easement, privilege, right and authority to construct, reconstruct, repair, maintain and operate said water main and water lines upon, under or through the premises hereinafter described, and WHEREAS, the grantor is the owner in fee simple of the premises through which said water main and water lines are to be constructed, and is willing to grant. a perpetual easement upon, under and through said real estate for the purpose herein specified; NOW, THEREFORE, in consideration of Ten Dollars and other valuable considerations, the receipt of which is hereby acknowledged by the grantor hereto, and of the mutual covenants, 367500i E .6 Q , conditions and agreements herein contained, the grantor, DEERFIELD PUBLIC SCHOOL DISTRICT NO. 109, does hereby give, grant and convey to the Municipality and its assignees, the perpetual easement, privilege, right and authority to construct, reconstruct, inspect, repair, maintain and operate said water main and water lines upon, under and through the premises owned by the undersigned grantor set forth and described as follows: PARCEL 1: LOT 6 IN THE OWNERS FIRST ADDITION IN DEERFIELD, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 25, 1915 AS DOCUMENT 161061, IN BOOK J OF PLATS, PAGES 46 AND 47, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THAT PORTION OF VACATED WHITTIER AVENUE IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION, OF PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 7, IN 1924, AS DOCUMENT 241049 IN BOOK "N" OF PLATS, PAGE 7, VACATED BY AN ORDINANCE RECORD OCTOBER 22, 1946 AS DOCUMENT 603305, LYING SOUTH AND ADJOINING PARCEL 1 AND DESCRIBED AS FOLLOWS: ALL THAT PART LYING EAST OF THE EAST LINE OF LOT 2 IN AFORESAID GOLDMAN' S NORTH SHORE GOLF LINKS SUBDIVISION, EXTENDED SOUTH TO THE NORTH LINE OF LOT 16 AND WEST OF THE EAST LINE OF LOT 19 IN SAID SUBDIVISION, IN LAKE COUNTY, ILLINOIS. PARCEL 3: LOTS 1 THROUGH 5 AND LOTS 12 THROUGH 19 IN GOLDMAN' S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 7, 1924, AS DOCUMENT 241049, IN BOOK "N" OF PLATS, PAGE 7, IN LAKE COUNTY, ILLINOIS. PARCEL 4: THAT PORTION OF VACATED WHITTIER AVENUE LYING EAST OF THE WEST LOT LINE OF LOT 5 EXTENDED SOUTHERLY TO THE NORTH LOT LINE OF LOT 12 AND WEST OF THE EAST LINE OF LOT 1 EXTENDED SOUTHERLY TO THE NORTH 'LINE OF LOT 19 AS VACATED BY INSTRUMENTS RECORDED OCTOBER 22, 1946 AS DOCUMENT 6033051 AND ALSO MAY 12, 1948 AS DOCUMENT 6422661 IN LAKE COUNTY, ILLINOIS. - In consideration of the grant of the easement herein contained, the Municipality and its assignees hereby agree with the 2 36 7500 t o grantor herein, as follows: 1. That for the period when said water main and water lines are being constructed, the Municipality will use only so much of the premises owned by said grantor as is reasonably necessary for the purpose of constructing said water main and water lines, consistent with sound and economical engineering and construction practices and custom, for the moving, installation and use of machinery and equipment and excavation and laying of the water main and water lines and appurtenances, and back - filling and replacing the soil and material necessarily removed from such excavation; that after the completion of such construction and the restoration of the surface of the ground to its original condition, the said Municipality will use only so much of the grantor's land as is necessary for the purposes of inspection service, maintenance, repair and replacement, and except as herein expressly granted, the grantor shall retain all right to the use and occupation of said real estate, and such use and occupation shall not be interfered with unnecessarily by any work performed under this grant. 2. The said materials, machinery and equipment used in the construction of said sewer, shall be transported to the site of the work only along the line where said water line and water main are being placed, and only for such distance on either side of the center line of the water line and water main as may be reasonably necessary for the purposes of such construction, and all other portions of the premises owned by the grantor shall not be used except by permission of the owner. 3 36'75001 m ' 3. All surface soil and debris excavated from the real estate hereinbefore referred to in the construction of said work, may be disposed of by said Municipality in the same manner as above specified for the transportation of material to the place of construction. The surface of the ground, all fences and other structures on said premises touched or in any manner altered by the construction of said water line and water main, shall be restored to the same condition as nearly as may be as the same existed before the commencement of the work. 4. The municipality shall indemnify and save harmless the said grantor from any loss, damage or expenses in the nature of any legal liability which said grantor may suffer, incur, or sustain, or for which said grantor or said Municipality may become liable, growing out of any injury to persons or to real or personal property caused by any of the work performed under this grant. 5. Said grantor hereby agrees that all connection with said water line and water main made at any point in the line hereinabove described, shall be made in such manner as may be prescribed by said Municipality or its assignees and under its supervision, and such connection shall be used solely for the purposes of providing.water. 6. This indenture shall run with the land, and shall be binding upon the grantees, assigns, heirs and successors of the parties hereto. 7. The grantor hereby reserves' the right to place playground equipment on or above said easement. The grantor has 4 3 -7 367 .5001 agreed herein that the grantor will be responsible for removal of said playground equipment if needed for any work to be done by the Municipality on or in said easement. IN WITNESS WHEREOF, said grantor has set its hand and seal and the Municipality has caused its name to be hereto subscribed and its corporate seal to be hereto affixed by its proper officers thereunto authorized this I /5--M day of M 14 , 1995. BOARD OF EDUCATION DEERFI LD PUB IC SCHOOL ISTRICT 109 By: �;.� --- Pr s dent ATTEST: Secretary VILLAGE OF DEERFIELD By : Ma ATTEST: illage Clerk STATE OF ILLINOIS SS COUNTY OF LAKE ) I, the undersigned, a Notary Public, in and for said County and State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day 5 3675001 id in person and acknowledged that he /she signed, sealed and delivered said instrument as his /her free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of'homestead. Given under my hand and notarial seal this 1st day of 1995. Notary Public 'DMCUsEnr,^ r SharenKCfm to NomPa kstaleofm nob MYROwFeb.23,1999 6 36'56 ®1. OVER SIZE DOCUMENT fn krUMLED FROM, THIS LOCATION) • Mar M cc, ". k7 � \r .T M1ttIHE t � � •. .. < �i! O Stow ti ! 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