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HomeMy WebLinkAbout1982-008NOTE Amended by Ordinance No 99-070 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO 112 451 ACRES OF LAND, MORE OR LESS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The Zoning Classification and Use designation of the following described tracts of land, to -wit TRACT ONE All that certain 32 011 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of the tract being described herein at the southwest corner of said Clark Tract in Stuart Road, THENCE north 00 09' east 465 0 feet to a point, THENCE south 890 18' 53" east 2635 0 feet to a point, THENCE south 610 01' 30" east 671 04 feet to a point, THENCE south 280 west 161 8 feet to a point in the south line of said Clark Tract, THENCE north 890 22' west 3147 3 feet to the place of beginning TRACT TWO All that certain 12 431 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract shown by Trustees Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of the tract being described herein, at a point in Stuart Road in the west line of said Clark Tract, said point of beginning lying north 00 09' east 1332 3 feet from the southwest corner of said tract, THENCE north 0° 09' east 247 6 feet with said west line of Clark Tract to its intersection with a line that lies northerly 600 feet from the centerline of proposed Loop 288, THENCE the following calls parallel and radial to said proposed centerline of Loop 288 north 89° 26' 49" east 933 95 feet easterly 1816 56 feet with arc of curve to right whose radius is 6329 58 feet, THENCE south 890 47' west 2727 3 feet to the place of beginning TRACT TWELVE All that certain 1 740 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the northwest corner of the tract being described herein, at a point that lies north 00 09' east 1332 3 feet, north 890 47' east 2727 3 feet from south 74° 05' 27" east 253 59 feet from the southwest corner of said Clark Tract, THENCE southeasterly with arc of curve to right whose radius is 6324 58 feet radial to centerline of proposed Loop 288 as shown by Deed Records, chord bearing south 68" 56' 52" east 632 89 feet to a point, THENCE south 10 05' west 9 9 feet to a point, THENCE south 890 47' west 595 0 feet to a point, THENCE north 10 05' east 239 6 feet to the place of beginning TRACT ELEVEN All that certain 1 007 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the north corner of the tract being described herein, at a point in the northwestern line of the limits of the City of Denton, Texas, said lying south 890 47' west 524 2 feet and south 30° 38' west 264 9 feet from the northeastern corner of said Clark tract, THENCE south 00 13' east 392 6 feet to a point, THENCE south 890 47' west 220 9 feet to a point in a northwestern line of city limits of Denton, Texas, THENCE the following calls with said city limits north 28" east 111 3 feet north 290 31' 30" east 339 2 to the place of beginning is hereby changed from Agricultural "A" District Classification Use with Specific Use Conditions to Single Family "SF" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions to -wit 1 Lots shall be no less than 7,000 square foot on approximately 47 189 acres of land, more or less SECTION II The Zoning Classification and Use designation of the following described tracts of land, to -wit TRACT THREE All that certain 25 803 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the northwest corner of the tract being described herein, at a point that lies north 0" 09' east 1332 3 feet and north 890 47' east 180 0 feet from the southwest corner of said Clark tract, THENCE north 890 47' east 2547 3 feet to its point of intersection with a line that lies 600 feet northerly of and radial to the centerline of proposed Loop 288 as shown by Deed Records, PAGE 2 THENCE southeasterly with curve to right whose radius is 6324 58 feet, chord bearing south 74° 05' 27" east 253 59 feet to a point, THENCE south 10 05' west 239 6 feet to a point, THENCE north 890 47' east 595 0 feet to a point, THENCE north 10 05' east 9 9 feet to a point, THENCE southeasterly with curve to right whose radius is 6324 58 feet, chord bearing south 56" 59' east 24 0 feet to its intersection with the existing northwestern line of the city limits of Denton, Texas, THENCE north 270 56' east 508 27 feet to a point, THENCE south 010 05' west 650 35 feet to a point in an eastern line of said Clark Tract, THENCE west 250 0 feet to a point, THENCE south 170 54' west 136 7 feet to a point in the northern line of State of Texas Tract as shown by Deed Records, THENCE the following calls with said proposed Loop 288 north 740 29' west 220 0 feet, north 770 02' west 727 16 feet, north 800 57' 20" west 505 5 feet, chord north 850 14' 42" west 1160 69 feet, south 89° 26' 49" west 757 0 feet, THENCE north 00 33' west 241 3 feet to the place of beginning TRACT FOUR All that certain 24 595 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of the tract being described herein, at a point in Stuart Road in the west line of said Clark Tract, said point lying north 00° 09' east 465 0 feet from the southwest corner of said Clark tract, THENCE north 000 09' east 110 5 feet with Stuart Road and the west line of said Clark Tract to a point, THENCE south 890 19' 30" east 260 5 feet to a point, THENCE north 000 09' east 300 0 feet to a point in the south line of tract described in deed to State of Texas as recorded in Volume 1068, Page 377 of the Deed Records of Denton County, Texas, THENCE north 890 26' 49" east 682 1 feet to a point, THENCE easterly with arc of curve to right whose radius is called to be 5619 58 feet, chord bearing south 84° 23' 30" east 1207 23 feet to a point, THENCE south 710 23' east 684 9 feet to a point, THENCE south 610 47' 30" east 582 2 feet to a point, THENCE south 620 51' east 186 46 feet to a point, THENCE south 280 00' west 210 0 feet to a point, THENCE north 620 52' west 186 5 feet, k PAGE 3 t THENCE north 280 00' east 30 0 feet to a point, THENCE north 610 O1' 30" west 671 04 feet, THENCE north 890 18' 53" west 2635 0 feet to the place of beginning is hereby changed from Agricultural "A" District Classification Use with Specific Use Conditions to Planned Development District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions to -wit 1 Cluster Housing with incidental recreation uses limited to a maximum of 10 units per acre, shall be permitted on approximately 50 398 acres of land, more or less SECTION III The Zoning Classification and Use designation of the following described tract of land, to -wit TRACT FIVE All that certain 6 817 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the northeast corner of the tract being described herein, at the northeast corner of said Clark Tract in the northwestern line of Sherman Drive (F M Road No 428), THENCE south 300 38' west 587 6 feet along Sherman Drive to a right of way monument, THENCE south 290 19' west 264 65 feet to the end of a curve, THENCE south 280 00' west 7 8 feet to a point, THENCE north 610 47' west 255 35 feet to a point, THENCE north 00 13' west 392 6 feet to a point in a northwestern line of the city limits of Denton, Texas, THENCE north 300 38' east 264 9 feet along said city limit line to its intersection with a north line of said Clark Tract in road, THENCE north 89° 47' east 524 2 feet to the place of beginning is hereby changed from Agricultural "A" District Classification Use with Specific Use Conditions to Planned Development Multi -Family District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions to -wit 1 Property is limited to a maximum of 18 units per acre on approximately 6 817 acres of land, more or less SECTION IV The Zoning Classification and Use designation of the following described tracts of land, to -wit TRACT SIX All that certain 1 736 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, PAGE 4 Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of the tract beinq described herein, at a point in the west line of said Clark Tract and in Stuart Road, said point lying north 00 09' east 575 5 feet from the southwest corner of said Clark Tract, THENCE north 00 09' east 244 4 feet with said west line of Clark Tract and Stuart Road to a point, THENCE the following calls along the south line of tract shown by deed to the State of Texas as recorded in Volume 1068, Page 377 of the Deed Records of Denton County, Texas north 890 26' 49" east 10 8 feet, north 440 40' 30" east 71 0 feet, north 890 26' 49" east 200 0 feet, THENCE south 00 09' west 300 0 feet to a point, THENCE north 890 19' 30" west 260 5 feet to the place of beginning TRACT SEVEN All that certain 0 968 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the northwest corner of the tract being described herein, at a point in Stuart Road and in the west line of said Clark Tract, said point lying north 00 09' east 1332 3 feet from the southwest corner of said Clark Tract, THENCE north 890 47' east 180 0 feet to a point, THENCE south 00 33' east 241 3 feet to a point in the north line of proposed Loop 288 as shown by deed to the State of Texas and recorded in Volume 1068, Page 377 of the Deed Records of Denton County, Texas, THENCE the following calls with said State of Texas Tract south 890 26' 49" west 123 3 feet, north 450 19' west 70 46 feet, south 890 27' west 9 45 feet to point in west line of said Clark Tract in Stuart Road, THENCE north 00 09' east 192 4 feet to the place of beginning TRACT EIGHT All that certain 1 057 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract shown by Trustee's Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of the tract being described herein, at a point in the south line of said Clark Tract, said point lying south 890 22' east 3147 3 feet from the southwest corner of said Clark Tract, 0 THENCE north 280 east 131 8 feet to a point, THENCE south 620 52' east 186 5 feet to a point, THENCE north 280 east 210 0 feet to a point in the south line of proposed Loop 288 as shown by Deed Records, PAGE 5 THENCE south 620 51' east 104 2 feet, THENCE south 90 20' east 75 5 feet THENCE' south 280 west 112 3 feet to the southeast corner of said Clark Tract, THENCE north 890 22' west 378 7 feet to the place of beginning TRACT NINE All that certain 1 097 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the northeast corner of the tract being described herein, at a point in the eastern line of said Clark Tract, said point lying south 301 38' west 587 6 feet, south 290 19' west 264 65 feet, south 280 west 238 45 feet, north 880 02' 433 5 feet and south 10 05' west 517 0 feet from the northeast corner of said Clark Tract, THENCE south 10 48' east 213 1 feet to a northern line of proposed Loop 288 as shown by deed from J A Coffee to State of Texas, THENCE north 740 29' west 310 0 feet along said State of Texas tract to a point, THENCE north 170 54' east 136 7 feet to a point, THENCE east 250 0 feet to the place of beginning is hereby changed from Agricultural "A" District Classification Use to General Retail "GR" District Classification and Use on approximately 4 858 acres of land, more or less under the Comprehensive Zoning Ordinance of the City of Denton, Texas SECTION V The Zoning Classification and Use designation of the following described tract of land, to -wit TRACT TEN All that certain 3 189 acre tract, or parcel of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the northeast corner of the tract being described herein, at a point in the northwestern line of Sherman Drive (F M Road No 428), said point lying south 30° 28' west 587 6 feet, south 290 19' west 264 65 feet and south 280 west 7 8 feet from the northeast corner of said Clark Tract, THENCE south 280 west 230 65 feet to the most eastern southeast corner of said Clark Tract, THENCE north 880 02' west 433 5 feet to a return corner of said Clark Tract, THENCE north 10 05' east 133 38 feet to a point in a northwestern line of City of Denton city limits, THENCE the following calls with said city limits north 270 56' east 70 84, north 280 east 127 7 feet to a point, , ., 1 PAGE 6 k= THENCE north 890 47' east 220 9 feet to a point, THENCE south 61° 47' east 255 35 feet to the place of beginning is hereby changed from Agricultural "A" District Classification Use to Planned Development General Retail District Classification and Use on approximately 3 189 acres of land, more or less under the Comprehensive Zoning Ordinance of the City of Denton, Texas The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No 69-1, be, and the same is hereby amended to show such change in District Classification and Use, with the conditions specified SECTION VI That the City Council of the City of Denton, Texas hereby finds that such change plan for the purpose City of Denton, Texas, other things for the peculiar suitability conserving the value and encouraging the maximum benefit to the SECTION VII is in accordance with a comprehensive of promoting the general welfare of the and with reasonable consideration, among character of the district and for its or particular uses, and with a view to of the buildings, protecting human lives, most appropriate uses of land for the City of Denton, Texas, and its citizens That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof 1� PASSED AND APPROVED this the �Gi" day of January, 1982 RICHARD O STEWART, MAYOR CITY OF DENTON, TEXAS ATTE O S HOLT, CITY SECRETARY TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OOF` DENTON, TEXAS BY ( r11444a PAGE 7 J N ~t ( T I 0 PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS * WHEREAS, Article 970a as amendea requires that a plan of service be adopted by the governing body of a city prior to passage of an ordi- nance annexing an area, and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation NOW,'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS Section 1 Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the pro- posed annexation area the following plan of service I Basic Service Plan A Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation, (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards B Fire (1) Fire protection b. t'^e present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation C Water (1) Water for domestic, commercial and industrial use will be provided at city rates from enisting city lines on the effective date of annexation, and thereafter from new lines as e•tended in accordance with article 13 06 of appends. A of the code of the City of Denton, Texas D 3. ,e- (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13 06 of appendix A of the code of the City of Denton, Texas E Refuse Collection (1) The same regular refuse collection service now pro- vided within the city 171.11 be e`tended to the annexed area within one mo-ith after the effective date of annexation e Plan .ed Areas .e two F Streets (1) Emergency maintenance of streets (repair of hazardous chu4kholes, measures necessary for traffic flow, etc) will begin on the effective date of annexation (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city G Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbirg, gas, housing, sanitation, etc ) will begin in the annexation area on the effective date of annexation H Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation City planning will thereafter encompass the annexed area I Street Lighting (1) Street lighting will oe installed in the substan- tially developed areas in accordance with the established policies of the city J Recreation (1) Residents of the annexed area may use all existing recreational facilities parrs, etc on the effec- tive date of annexation The same standards and policies now used in the pres-nt cit% i11 be 10,TP" LG' �s.�<�1 �L' _ L '� 0--,— facilities it the enlarged cic:y K Hiscellaneous (1) Street name signs wnere within approximately o date of annexation needed will be installed months after the effectivE _e Plan xed Areas oe three iI Capital Improvement Program (CIP) The GIP of the City consists of a five year plan that is updated yearly The Plan is prioritized by such policy guidelines as (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and/ natural or technical restraints or opportunities (2) Impact on the balanced growth policy of the city (3) Impact on overall city economics The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation In this new CIP planning year the annexa- tion area will be judged accordingly to the same established criteria as all other areas of the city ICH LGLIVOLII HR MDEPTLGLIO DttummmOlN ,o M9Fz 99 aol d. ORDINANCE NO 0 Q AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 82- 08 TO PROVIDE FOR A DETAILED PLAN FOR 15 31 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 39 (PD-39) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTHEAST CORNER OF STUART ROAD AND LOOP 288, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-001) WHEREAS, on January 12, 1982, by Ordinance 82-08, the City Council approved a change in zoning for 60 acres of land to Planned Development 39 (PD-39) Zoning District, and WHEREAS, on January 8, 1999, Bryan Burke, on behalf of Forman Williamsburg Square, LTD , submitted a detailed plan for 15 31 acres located within PD-39, and WHEREAS, on January 27, 1999, the Planning and Zoning Commission recommended approval of a Detailed Plan for such 15 31 acres, and WHEREAS, the City Council finds that the Detailed Plan is in compliance with the Concept Plan for Planned Development 39 (PD-39) Zoning District, the 1988 Denton Development Plan, the 1998 Denton Plan Policies and the Growth Management Strategies Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance No 82-08 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-39 is amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 15 31 acres located within PD-39, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A SECTION II That the provisions of this ordinance as they apply to the 15 31 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provisions of Ordinance No 82-08, but all the provisions of Ordinance No 82-08 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district SECTION III That a copy of this ordinance shall be attached to Ordinance No 82-08 showing the amendment herein approved SECTION IV That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense TH wuvoLIZHn MD�Wu u M=Uw a N m W w mi dx SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this thevZhd day of � , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY &2j� c e/( JACI LER, MAYOR PAGE EXHIBIT A PD-39 at FORMAN WILLIAMSBURG SQUARE 18 Feb 99 Zoning District Description All that certain 15 31 acre tract of land situated in the Samuel McCracken Survey, Abstract No 817, Denton County, Texas, said tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the southwest corner of the tract being described herein, at a point in Stuart Road in the west line of said Clark Tract, said point lying North 00°09'00" East 465 00 feet from the southwest comer of said Clark Tract, THENCE North 00009'00" East 110 5 feet with Stuart Road and the west line of said Clark Tract to a point for corner, THENCE South 89°19'30" East 263 79 feet to a point for corner, THENCE North 00009'00" East 310 91 feet to a point for corner in the south line of a tract described in a deed to the State of Texas for Loop 288 as recorded in Volume 1068, Page 377 of the Deed Records of Denton County, Texas, THENCE North 89033'26" East 681 15 feet with the south line of Loop 288 to a point of curvature, THENCE easterly with an are of curve to the right along the south line of Loop 288 with radius of 5,619 58 feet, central angle of 8°21' 14", length of 819 35' and chord bearing South 86°14'52" East 818 63 feet to a point for corner, THENCE South 00°43'42" West 392 37 feet to a point for comer, THENCE North 89016' 18" West 1,758 03 feet to the POINT OF BEGINNING and enclosing in all 15 31 acres of land EXHIBIT B b S6S 12 zn ! 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