Report (57) After Recording Return To:
";:. sa Radler White Parks&Alexander LIP
.44 Sg ill SW Columbia Street,Suite 1100
1
..4. i 1 Portland,OR 97201
1.... Attn.: Susan Zimmerman
t S X
2 Is
INIM
$3
II:1 DECLARATION OF NATURAL GAS UTILITY EASEMENTS
(Plat of River Terrace Northwest)
Ohl
Ni THIS DECLARATION OF NATURAL GAS UTILITY EASEMENTS (this "Declaration") is made and
In entered into as of November 2016, by William Lyon Homes,Inc.,a California corporation, and ADLV
IIII V Land Holdings.LLC,a Delaware limited liability company(collectively,"Declarant").
...
RECITALS
A. Declarant owns Lots 152 through 200, inclusive,and Lots 206 through 215, inclusive,of
River Terrace Northwest, City of Tigard, Washington County, Oregon, according to the plat thereof
recorded in the official records of Washington County,Oregon on April 11,2016 as Document No.2016-
( 026714(each,a"Lot"and collectively,the"Lots").
B. The Lots are or will be improved with attached single-family townhomes. Declarant has
or will install a separate natural gas utility meter for each townhome. The natural gas utility meters for
all of the townhomes located within the same attached building structure will be installed in a meter
bank attached to or situated near the exterior side wall (non-party wall) of the townhomes located at
• either end of each attached building structure.
C. Declarant desires to establish easements on portions of certain Lots for the benefit of
• certain other Lots for the installation,operation, use,maintenance, repair, replacement and removal of
natural gas lines,natural gas meters and other service or regulating equipment necessary for the Lots to
receive natural gas utility service,subject to and in accordance with this Declaration.
• DECLARATION
NOW, THEREFORE, Declarant hereby establishes the easements described in Section 2 below
with respect to the Lots,subject to the terms and conditions contained in this Declaration.
1. Defined Terms. The following terms shall have the meanings set forth below when used
, in this Declaration:
4
,
1.1 "Benefited Lot" means each of the Lots identified as a Benefited Lot on the
attached Exhibit A.
1.2 "Burdened Lot" means each of the Lots identified as a Burdened Lot on the
attached Exhibit A.
1.3 "Easement"shall have the meaning given to such term in Section 2 below.
[00604190;1i 1
1.
1.4 "Easement Area" means the area of each Burdened Lot as described and
depicted on the attached Exhibit B.
i
4 13 "Lot"shall have the definition given to such term in Recital A above.
i
1.6 "Natural 9as Facilities" means natural gas lines, natural gas meters and any
other service or regulating equipment necessary for the Benefited Lots to receive natural gas utility
service.
1.7 "Owner"means each owner of a fee title interest in a Lot
2. Easemen . The Owner of each Benefited Lot and such Owner's contractors,agents and
licensees shall have a perpetual, non-exclusive easement on, over, across, under and upon the
appurtenant Easement Area assigned to such Benefited Lot on the attached Exhibit A for the installation,
operation, use, inspection, maintenance, repair, replacement, relocation and removal of Natural Gas
Facilities (each, an "Easement"), subject to the terms and conditions of this Declaration, and further
subject to all other covenants,conditions,restrictions and easements of record as of the date hereof.
3. Use and Maintenance.
3.1 Each Owner of a Benefited Lot, and such Owner's contractors, agents and
licensees,shall have a right to enter upon the Burdened Lot(s) (exclusive of the home(s) located on such
Burdened Lot(s)) in which the Owner of the Benefited Lot is granted an Easement as may be necessary
or appropriate for the installation, operation, use, inspection, maintenance, repair, replacement,
relocation and removal of any Natural Gas Facilities serving the Owner's Benefited Lot;provided that the
Owner of the Benefited Lot or such Owner's contractors,agents or licensees,as applicable,shall:(a)use
all reasonable efforts to conduct any such work in a manner that minimizes any disturbances to the use
of the Burdened Lot by the Owner thereof or the use of the Easement Area by any other holders of the
Easement granted therein; (b) undertake to perform such work in an expeditious manner; (c) provide
the Owner of the Burdened Lot and the other holders of the Easement encumbering the Burdened Lot
with copies of all plans and specifications for any work being performed,and (d)restore any portions of
the Burdened Lot affected by such work to substantially the same condition as existing prior to the
commencement of such work.
3.2 All work performed in an Easement Area pursuant to this Declaration shall be
completed in a good and workman-like manner, free from any and all liens, and in compliance with
applicable laws, ordinances, codes, regulations, covenants, conditions and restrictions. Unless
otherwise maintained by a utility company, each Owner of a Benefited Lot shall, at all times and at its
sole cost and expense, maintain in good condition and repair all Natural Gas Facilities installed in an
Easement Area pursuant to this Declaration which serve such Owner's Benefited Lot. If any of the
Natural Gas Facilities serve more than one Lot and such Natural Gas Facilities are not maintained by a
utility company,then the Owners of the Lots served by such Natural Gas Facilities shall equally share in
the cost and expense of maintaining, repairing and replacing those Natural Gas Facilities.
Notwithstanding the foregoing, if any Natural Gas Facilities are damaged as a result of the intentional
misconduct or negligence of an Owner or an Owner's tenants, family members, contractors, agent or
licensees,then such Owner shall be solely responsible for the cost of repairing ail such damage.
4. Insurance. Each Owner of a Benefited Lot shall procure and maintain in full force and
effect general public liability insurance and property damage insurance,on an occurrence basis,insuring
(ooso4i9om. 2
against claims for personal injury, death and property damage arising out of such Owner's use of the
Easement Area. Each such insurance policy shall afford protection to a combined single limit of not less
than$500,000 and shall name the Owner of the Burdened Lot as an additional insured. Each Owner of a
Benefited Lot shall provide the Owner of the Burdened Lot with a certificate of such insurance and, if
requested by the Owner of the Burdened Lot, a copy of the underlying insurance policy, prior to
performing any work in the Easement Area to evidence that such insurance is in force.
5. Indemnification. Each Owner of a Benefited Lot (the "indemnifying Owner") shall
forever defend, indemnify and hold the Owner of the Easement Area in which the Indemnifying Owner's
Benefited Lot is granted an Easement pursuant to this Declaration harmless from any claims, losses,
damages,demands,actions,suits,liabilities or costs,including,without limitation,reasonable attorneys'
fees and costs, arising from or in any way related to the indemnifying Owner's use or maintenance of
the Easement Area.
6 pisputes. In the event of any disputes between or among any Owners (the "Parties")
regarding the Easements or concerning this Declaration,then the Parties shall agree upon an arbitrator
who shall resolve the dispute. If the Parties cannot agree on an arbitrator, the presiding judge of the
Circuit Court of the State of Oregon for the County of Washington shall appoint an arbitrator. The
decision of the arbitrator shall be binding on the Parties and the fee of the arbitrator shall be borne
equally by the Parties.
7. Further Assurances. Each Owner of a Burdened Lot shall cooperate with the Owners of
the Benefited Lots in the granting of any other appropriate and proper easements to one or more utility
companies to accomplish the installation, operation, maintenance, repair, replacement, relocation and
removal of the Natural Gas Facilities within the Easement Areas pursuant to this Declaration.
B. Easements Run with the Land. The Easements established in this Declaration, and all
other terms and conditions of this Declaration, shall run with the land as to the Benefited Lots and the
Burdened Lots,including any future partitions or subdivisions thereof.
9. Nat a Public Dedication. Nothing contained in this Declaration shall be deemed to be a
gift or a dedication of any portion of the Easement Area(s) to the general public or for any public
purposes whatsoever,it being the intention of the parties that this Declaration shall be strictly limited to
and for the purposes expressed herein.
10. Amendments. No amendment, modification, termination or revocation of this
Declaration shall be effective unless it is in writing,signed and acknowledged by the party against whom
enforcement is sought and recorded in the official records of Washington County,Oregon.
11, No Merger, The common ownership of a Burdened Lot and a Benefited Lot shall not
effect a merger of the Easement established in this Declaration as between such Lots.
12. Waiver. Failure to require performance of any provisions of this Declaration shall not
limit the right to enforce such provision in the future,nor shall any waiver of any breach of any provision
of this Declaration constitute a waiver of any succeeding breach of such provision or a waiver of the
provision itself.
13. partial invalidity. if any provision of this Declaration or the application thereof to any
person or circumstance shall to any extent be held invalid,then the remainder of this Declaration or the
{00604190;1} 3
application of such provision to persons Of circumstances other than those as to which it is held invalid
shall not be affected thereby, and each provision of this Declaration shall be valid and enforced to the
fullest extent permitted by law,
14. Counterparts. This Declaration may be signed in multiple counterparts, all of which
when taken together,shall constitute one and the same instrument.
(Remainder of Page Intentionally Left Blank;
Signature Pages Follow)
,
,
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,
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, focooloal 4
IN WrTNESS WHEREOF, the undersigned have executed this Declaration as of the date first
written above.
DECLARANT WILLIAM LYON HOMES,INC.,
a California corporation
Ry 40.1,...Fred ast,Sen.. e President-
D. Ion P p
STATE QF �(M }
)ss.
County of }
The foregoing instrument was acknowledged before me on November 2016,by Fred Gast,
as Senior Vice President—Division President of William Lyon Homes, inc.,a California corporation, on
behalf of the corporation.
State siVissigagtort Notary Public for it j .. L# L
I cit t.T$o . My Commission E. ' : I ° , a► , '`„I
MY Conwrissiatt faipiras
23c .
(Signatures Continued on Following Page)
tr;
}
( 190:1) 5
1
DECLARANT: ADLV LAND HOLDINGS LLC,
a Delaware limited liability company
Name» ."t a/ ,j 1 ,ft j
Title: c �t+ 1,z, ' ,1 Y.,..."
STATE OF 1iiit --
)ss.
County of tk#'r 4..t10"... )
foregotqg instrument was c nowledgy d
tjiti`, afore s
o November /f' 2016, by
�jay lr , as !L' f ADLV Land Holdings LLC, a
Delaware limited liability company,on behalf of the limited liability company.
*
z� LESLIE HICKMAN '
NOTARY PUBLIC,#RUZONA
1l MARKOPA,COUNTY Notary Public for ,/ lldf T'}
My Commission€xpwes
", t,x April 10,201$ My Commission Expires;:: Al /1.4,444
ir
{ooso4lso;1) 6
EXHIBIT A
Appurtenant Easement Areas, Burdened Lots and Benefited Lots
Appurtenant Burdened Lot Benefited Logs)
Easement Area*
Easement 1 Lot 156 Lots 152,153,154,155
Easement 2 Lot 157 Lots 158,159,160, 161
Easement 3 Lot 165 Lots 162, 163,164
Easement 4 Lot 166 Lots 167, 168, 169
Easement 5 Lot 174 Lots 170, 171,172,173
Easement 6 Lot 175 Lots 176, 177,178, 179
Easement 7 Lot 180 Lots 181, 182,183, 184
Easement 8 Lot 189 Lots 185, 186, 187, 188
Easement 9 Lot 194 Lots 190,191,192,193
Easement 10 Lot 195 Lots 196, 197,198,199,200
Easement 11 Lot 210 Lots 206,207,208,209
Easement 12 Lot 211 Lots 212,213,214,215
*As legally described and depicted on the attached Exhibit B.
{00604190;1} A-1
Pacific
('orrimurtit
'Design
EXHIBIT B
October 27, 2016
LEGAL DESCRIPTION Job No, 395-037
Private Utility Easement
Twelve easements within Lots 156, 157, 165, 166, 174, 175, 180, 189, 194, 195, 210, and 211,
plat of"River Terrace Northwest", Washington County Plat Records, in the Southeast Quarter
of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington
County, State of Oregon, more particularly described as follows:
Easement 1
COMMENCING at the Southeast corner of Lot 156;
thence along the southerly tine of said Lot 156, North 89'07404"West, a distance of 24.58 feet
to the POINT OF BEGINNING;
thence continuing along said southerly tine, North 89"0704" West, a distance of 38.92 feet to
a point on a Public Utility Easement tine granted in said plat;
thence along said Public Utility Easement tine, North 00'52'55" East, a distance of 4.00 feet to
a point on the extension of a building watt;
thence along said building watt and its extension, South 89"0704" East, a distance of 38.92 feet;
thence leaving said building watt, South 00'5256" West, a distance of 4.00 feet to the POINT
OF BEGINNING.
Containing 156 square feet, more or less.
Easement 2
COMMENCING at the Northeast corner of Lot 157,
thence along the northerly line of said Lot 157, North 890704"West, a distance of 24.58 feet
to the POINT OF BEGINNING;
thence continuing along said northerly tine, North 89'0704" West, a distance of 38.92 feet to a
point on a Public Utility Easement tine granted in said plat;
thence along said Public Utility Easement tine, South 00'52'55"West, a distance of 4.00 feet to
a point on the extension of a building watt;
thence along said building watt and its extension, South 89°0704"East, a distance of 38,92 feet;
Pagel of 12
12564 SW Main Street,Tigard,OR 97223 . [TI 503-941-9484 [FI 503-941-9485
thence Leaving said building wall, North 00*5256"East, a distance of 4.00 feet to the POINT OF
BEGINNING.
Containing 156 square feet, more or less.
Easement 3
COMMENCING at the Southeast corner of Lot 165;
thence along the southerly tine of said Lot 165, North 890704"West, a distance of 24.58 feet
to the POINT OF BEGINNING;
thence continuing along said southerly tine, North 89'0704" West, a distance of 38.92 feet to
a point on a Public Utility Easement tine granted in said plat;
thence atong said Public Utility Easement tine, North 00°52'55" East, a distance of 4.00 feet to
a point on the extension of a building watt;
thence along said building wall and its extension,South 89'0704"East, a distance of 38.92 feet;
thence leaving said building watt, South 00'52'56" West, a distance of 4.00 feet to the POINT
OF BEGINNING.
Containing 156 square feet, more or less.
Easement 4
COMMENCING at the Northeast corner of Lot 166;
• thence along the northerly line of said Lot 166, North 89'0704" West, a distance of 24.26 feet
to the POINT OF BEGINNING;
thence continuing along said northerly line, North 89°07'04"West, a distance of 39.24 feet to a
point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line, South 00°52'55" West, a distance of 4.00 feet to
a point on the extension of a building wall;
•
thence along said building watt and its extension, South 89'07'04" East, a distance of 39.24 feet;
• thence leaving said building wait, North 00*52`56" East, a distance of 4.00 feet to the POINT OF
BEGINNING.
Containing 157 square feet, more or less.
Page 2 of 12
Pacific Community Design,Inc,
12564 SW Main Street,Tigard,OR 97223 • [T]503-941-9484 [F] 503-941-9485
Easement 5
COMMENCING at the Southeast corner of Lot 174;
thence along the southerly tine of said Lot 174, South 84°13'07'West, a distance of 24.52 feet
to the POINT OF BEGINNING;
thence continuing along said southerly line, South 84°1307" West, a distance of 39.00 feet to
a point on a Public Utility Easement line granted in said ptat;
thence along said Public Utility Easement line, along a 1256.50 foot radius non-tangential
curve, concave easterly, with a radius point bearing North 84"22'42" East, arc length of
5.96 feet, central angte of 00"1618", chord distance of 5.96 feet, and chord bearing of
North 05°29'09" West to a point on the extension of a building wall;
thence along said building watt and its extension, North 86'24.06"East, a distance of 39.17 feet;
thence leaving said building wall, South 03'3554" East, a distance of 4.47 feet to the POINT OF
BEGINNING.
Containing 204 square feet, more or Less.
Easement 6
COMMENCING at the Northeast corner of Lot 175;
thence along the northerly line of said Lot 175, South 84"13'07" West, a distance of 22.69 feet
to the POINT OF BEGINNING;
thence continuing along said northerly line, South 84°1307" West, a distance of 40.85 feet to a
point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line,along a 1256.50 foot radius non-tangential curve,
concave easterly, with a radius point bearing North 84"03'33" East, arc Length of 3.53 feet,
central angle of 00'09'40", chord distance of 3.53 feet, and chord bearing of South 06°01'17"
East to a point on the extension of a building wall;
thence along said building wall and its extension, North 84°43'59"East, a distance of 40.80 feet;
thence leaving said building wall, North 05*1601" West, a distance of 3.90 feet to the POINT
OF BEGINNING.
Containing 152 square feet, more or less.
Easement 7
COMMENCING at the Northeast corner of Lot 180;
thence along the northerly line of said Lot 180, North 88°4639"West, a distance of 27.02 feet
to the POINT OF BEGINNING;
Page 3 of 12
Pacific Community Design,Inc,
12564 SW Main Street,Tigard,OR 97223 [T] 503-941-9484 [F]503-941-9485
thence continuing along said northerly line, North 88°46'39"West,a distance of 42.90 feet to a
point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line, along a 318.00 foot radius non-tangential
curve, concave westerly, with a radius point bearing North 89*30'07' West, arc length of
2.05 feet, central angle of 0042.210 , chord distance of 2.05 feet, and chord bearing of
South 00"40'58"West to a point on the extension of a building wall;
thence along said building wall and its extension, South 80"5347"East, a distance of 42.20 feet;
thence leaving said building wall, North 09'0613"East, a distance of 7.91 feet to the POINT OF
BEGINNING.
Containing 211 square feet, more or less.
Easement 8
COMMENCING at the Southeast corner of Lot 189;
thence along the southerly tine of said Lot 189, South 69"00.12" West, a distance of 26.44 feet
to the POINT OF BEGINNING;
thence continuing along said southerly tine, South 69.'0012" West, a distance of 38.96 feet to
a point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement tine, along a 1260.00 foot radius non-tangential
curve, concave easterly, with a radius point bearing North 69*2520" East, arc length of
4.33 feet, central angle of 00'1149", chord distance of 4.33 feet, and chord bearing of
North 202845"West to a point on the extension of a building wall;
thence along said building wall and its extension, North 69*0012"East, a distance of 38.92 feet;
thence leaving said building wall, South 20°5948"East, a distance of 4.33 feet to the POINT OF
BEGINNING.
Containing 169 square feet, more or less.
Easement 9
COMMENCING at the most easterly corner of Lot 194;
thence along the southeasterly line of said Lot 194, South 67'03'54" West, a distance of 26.22
feet to the POINT OF BEGINNING;
thence continuing along said southeasterly line, South 67*03'54'West, a distance of 39.30 feet
to a point on a Public Utility Easement line granted in said plat;
Page 4 of 12
Pacific Community Design,Inc.
12564 SW Main Street,Tigard,OR 97223 • [1] 503-941-9484 [F]503-941-9485
thence along said Public Utility Easement tine, along a 1260.00 foot radius non-tangential
curve, concave northeasterly, with a radius point bearing North 65'1034" East, arc length
of 3.19 feet, central angle of 00*0842", chord distance of 3.19 feet, and chord bearing of
North 244445"West to a point on the extension of a building watt;
thence along said building watt and its extension, North 664513"East, a distance of 39.39 feet;
thence Leaving said building watt, South 23'14.2r East, a distance of 3.40 feet to the POINT OF
BEGINNING.
Containing 130 square feet, more or less.
Easement 10
COMMENCING at the most northerly corner of Lot 195;
thence along the northwesterly tine of said Lot 195, South 67'0354" West, a distance of 26.85
feet to the POINT OF BEGINNING;
thence continuing along said northwesterly Line, South 6T0354"West, a distance of 38.68 feet
to a point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line, along a 1260.00 foot radius non-tangential
curve, concave northeasterly, with a radius point bearing North 64°57'15" East, arc length
of 8.36 feet, central angle of 00.22.49., chord distance of 8.36 feet, and chord bearing of
South 25 1410w East to a point on the extension of a building wall;
thence along said building wall and its extension, North 62'04'00" East, a distance of 38.93
feet;
thence leaving said building watt, North 2T 56'00" West, a distance of 4.98 feet to the POINT
OF BEGINNING.
Containing 259 square feet, more or less.
Easement 11
COMMENCING at the most easterly corner of Lot 210;
thence along the southeasterly line of said Lot 210, South 6423'08" West, a distance of 25.50
feet to the POINT OF BEGINNING;
thence continuing along said southeasterly line, South 64"23'08"West, a distance of 40.02 feet
to a point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line, along a 1007.50 foot radius non-tangential
curve, concave southwesterly, with a radius point bearing South 65°51'20"West, arc length
Page 5 of 12
Pacific Community Design,Inc,
12364 SW Main Street,Tigard,OR 97223 111 503-941-9484 IF]503-941-9485
of 2.95 feet, central angle of 00'1005", chord distance of 2.95 feet, and chord bearing of
North 24'1343"West to a point on the extension of a building wall;
thence along said building wall and its extension, North 63*1703" East, a distance of 39.89 feet;
thence leaving said building wall, South 26'4257" East, a distance of 3.72 feet to the POINT OF
BEGINNING.
Containing 133 square feet, more or Less.
Easement 12
COMMENCING at the most northerly corner of Lot 211;
thence along the northwesterly line of said Lot 211, South 64'2308" West, a distance of 25.27
feet to the POINT OF BEGINNING;
thence continuing along said northwesterly tine, South 64'23'08"West, a distance of 40.25 feet
to a point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line, along a 1007.50 foot radius non-tangential
curve, concave southwesterly, with a radius point bearing South 65'51'20"West, arc length
of 3.20 feet, central angle of 00.10'55", chord distance of 3.20 feet, and chord bearing of
South 24'0313" East to a point on the extension of a building wall;
thence along said building wall and its extension, North 68'3529"East, a distance of 39.99 feet;
thence leaving said building wall, North 21'2431" West, a distance of 6.15 feet to the POINT
OF BEGINNING.
Containing 187 square feet, more or less.
Basis of bearings being plat of "River Terrace Northwest", Washington County Plat Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 9, 2002
TRAVIS C.JANSEN
57751
RENEWS:6/3012017
Page 6 of 12
Pacific Community Design,Inc.
12564 SW Main Street,Tigard,OR 97223 (r)503-941-9484[F]503-941-9485
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EXHIBIT B
PRIVATE UTILITY EASEMENT
DRAWN BY: GPS DATE: 10/27/16
6 .
-
REVIEWED By: ICJ DATE. 10/27/16 12564 SW Main St
; Pacific Tigard, OR 97223 PROJECT NO : 395-037 .
,--„, ,
C om nlun joy , [I] 503-941-9484
6. SCALE- 1"=20' ' r * - : [F] 503-941-9485
;-: L)csion
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PAGE 7 OF 12
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00 NOO`52 55 E29
38
S89'07 04 E . i
x 4.00 `"`.. 41 --- - N89`07°4 W 1 C3
24.58' I 0
CI
I N89`07'04"W 38.92
rn 27.00' N89'07'04'W 39.24' TRACT D POINT OF
COMMENCEMENT (1)
n N89'07'04"W •\.... EASEIiENT 3 7
< X) S00"52'55"W i S89'O7' 4"E' 39,24' 24.26'" POINT OF o
4.00' 1 N00'52 56 E-/ POB 1 COMMENCEMENT
m I 6.00' I 4.00' EASEMENT 4 I EASEMENT 4
gi PUE-.. r`_"", 166 _,.,..I 7.50'
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IEXHIBIT B
PRIVATE UTILITY EASEMENT
1 DRAWN BY: GPS
DATE: 10/27/16 . .. �_ -
6.
REVIEWED BY: TeJ DATE: 10/27/16 12564 SW Main Si
PROJECT NO : 395-037
'�i ° #i Tigard, OR 97223
�' i1liiiiiinit = ' [T] 503-941-9484
SCALE: 1",.--20' • t F 503-941-9485
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