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2013-29 RESOLUTION NO. 2013- 29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY FOR A LANDSCAPING AND STREET LIGHTING DISTRICT. WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, has initiated proceedings for the annual levy of the assessments for a landscaping and street lighting district pursuant to the terms and provisions of-the "Landscaping and Street Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in what is known and designated as CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to-the above-referenced District, and further did proceed to give notice of the time and place for Public Hearing on all matters relating thereto; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with the annual levy of assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA as follows: SECTION 1. That the above-recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, protests filed and not withdrawn, did not represent property owners being obligated for more than fifty percent (50%) of the total assessments within the District. . SECTION 3. That this City Council hereby confirms the diagram and assessments as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessments as set forth and contained in said Report are hereby confirmed and adopted by this City Council SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment unchanged from the previous fiscal year for the current fiscal year.. SECTION 6. That the estimates -of costs, the assessment diagram, . the assessment and all other matters, as set-forth in Engineer's "Report", pursuant to said. "Landscaping and Street Lighting Act of 1972", as. submitted, are hereby _approved,. adopted by this City Council and hereby confirmed. SECTION 7. That.the Maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and. the County Auditor shall enter on the County Assessment Roll the. amount of the Assessment and said assessment shall.then be collected at the same time and in.the same manner as the County Taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. SECTION 8. That the City Treasurer has-previously established a, special fund known as the SPECIAL FUND CITY OF GRAND TERRACE' LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 into which the City Treasurer shall place all monies collected:by the Tax.Collector pursuant to the provision of this Resolution and law and including any surplus amounts in those funds established for the existing Districts and said monies have been made available to said City Treasurer. SECTION 9. That the City.Clerk is hereby ordered and directed to file a certified. copy of the diagram and assessment. roll with the County. Auditor, together with :a certified copy of this Resolution upon its adoption. SECTION 10. That the certified copy of.the assessment anddiagram shall be filled in the office of the-City Engineer, with a.duplicate copy on-file in the Office of the City Clerk.and open for public inspection. th PASSED, APPROVED AND ADOPTED this 25 of June,-2013. ( ayor of t o i y o Grand'Terrace ATTEST: City Clerk r the City of Ora 6 Terrace STATE OF CALIFORNIA- COUNTY OF SAN BERNARDINO )- CITY OF GRAND TERRACE- ) I, Tracey R. Martinez,: City Clerk of the CITY _OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2013 -29 was duly passed; approved and adopted-bythe'City.Council, approved and signed by the Mayor, and attested by the City Clerk, all at.the regular meeting of said-City Council held on the 25t' day of June, 20.13, and_ that the.same was .passed and adopted by the following vote: AYES: Councilmembers Mitchell., Robles and' McNaboe; Mayor Pro Tem .Sandoval l and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: . None EXECUTED this 25th day of June, 2013, at Grand Terrace, California. City:Clerk or;tl_ie City-of=G d_Terrace Approved, as to orm City.Attorney [SEAL] CITY OF GRAND TERRACE ENGINEER'S REPORT. FOR LEVY OF 2013 - 2014-F.Y. ANNUAL ASSESSMENTS IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 89-1 Prepared by: Johnny Ghazal,PE May 2013 TABLE OF CONTENTS PAGE INTRODUCTION 2 ENGINEER'S.REPORT PART A-Plans and Specifications 6 PART B -Estimates-of Costs 8 PART C-Assessment Roll 12 PART D-Method of Apportionment of Assessment 13 PART E-Property Owners List . 14. PART F-ASSESSMENT DIAGRAM 19 l ENGINEER'S REPORT . LANDSCAPING.AND LIGHTING DISTRICT NO.89-1 GRAND TERRACE 2013 -2014 F. Y.ANNUAL ASSESSMENT The.undersigned respectfully submits the enclosed Engineer's Report as directed by. the. City Council. ENGINEER OF-WORK By: DATED: Johnny Ghazal, PE City Engineer ESSIp - y 0 C 76395 �° o� � cwAI oFCI - I HEREBY CERTIFY.that the.enclosed Engineer's Report,together with Assessement and . . Assessment Diagram thereto attached, was filed with me on the day of 2013. Clerk of the City of Grand Terrace Grand Terrace, California By: Tracey Martinez I- HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment. and Assessment.Diagram thereto attached, was approved by the City Council of the City.-of Grand Terrace, California, on the day of , 2013. Clerk of.the;City.of Grand Terrace Grand Terrace,-California By: Tracey Martinez Page '1 ( INTRODUCTION The City Council of the City of Grand Terrace adopted its General Plan with various elements to provide guidelines for orderly development within the community. The City.Council further adopted :ordinances and regulations governing the development -of land providing -for. the: installation and construction of certain landscaping, lighting and appurtenant facilities to enhance the quality of life and to benefit the value of property. The requirement for the construction and installation of landscaping, lighting and appurtenant facilities is a condition of approval for development and is a requirement of issuance of-a permit. for the construction of any residential,commercial, industrial and planned.unit development. Landscaping and appurtenant facilities generally include- trees, shrubs, plants, turf,, irrigation systems,-and necessary appurtenances: including curbs, hardscape, monumentations,- fencing located in public right-of-ways, medians,parkways, and/or easements adjacent to public right-of- . ways;:in and along public thoroughfares and certain designated primary and secondary arterials. Lighting and appurtenant.facilities includes poles,-lighting:fixtures, conduits and the necessary equipment to maintain, operate and.replace.a lighting system at .designated intersections, in: medians,,parkways and.adjacent to certain public facilities in and along certain streets, right-of- ways and designated lots. The installation of landscaping and ,lighting -systems: and the construction of the necessary appurtenant facilities .is the- responsibility of the property owner/applicant, as -conditions.of approval of a development application. The City may cause the installation=by property owners directly, or accept financial arrangements for installation of these facilities. The cost of servicing,: operation,,:maintenance, repair. and replacement of the landscaping, lighting and appurtenant facilities in turn becomes the responsibility of the benefitting properties. The owners/applicants petitioned for formation of the Landscaping Lighting Assessment District and/or annexation: These have been completed, and will increase the City's-obligation ,for maintenance and servicing. The.City of Grand-Terrace is administering a lighting system for the benefit of all parcels of land within the City. The lighting benefit is directly related to public safety and property protection. -These.benefits.. have been studied widely,locally,regionally and nationally. . Page 2 The City has formed Landscaping .and Lighting Assessment District 89-1 and subsequently annexed other parcels as Annexation No. 1 to said District to insure.a fair and equitable levying of the necessary costs of servicing and maintenance of the respective facilities,.which.in turn will enhance the value of each and every parcel in the District directly and collectively. The 89-1 District Boundaries of. the. Landscaping and Lighting Assessment District are the boundaries. of Tract 13364 filed in Map' Book. 203, Pages 89 through 92, Records of-'San Bernardino County. The boundaries of Annexation No. 1 are the boundaries of Tracts 14264 and 14471, filed in Map Book.242, Pages 17 and 18, and Map Book 237, Pages -41 and 42, respectively,of said County. Servicing and administration'of th&City's landscape maintenance program shall-be according to the.:provisions of the Landscaping and Lighting Act of 1972, Part 2,.Division 15 of the Streets and Highways Code of the State of California. This report-is being prepared.to provide for the'annual assessment within these boundaries. Payment for the assessment for. each parcel will be made.in_the same manner and at the same time as payments are made for:property taxes for each Property. The proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code :of'the State of California. This annual Report is presented -for the purpose of levy.of annual assessment to the above described properties for the-purpose of maintaining the lighting and landscaping during the fiscal year 201217 2013. This report contains the necessary data required to conduct the proceedings and is submitted to the Clerk of the City for filing. Page 3 CITY OF GRAND TERRACE ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679. OF THE CALIFORNIA STREETS AND HIGHWAYS CODE FOR ANNUAL ASSESSMENTS F.Y.2013 2014 Pursuant to Part 2.of Division 15 of the Streets and Highways Code of:the.State of California,- and in accordance with the:Resolution:of Intention, being Resolution No. ;adopted by- the City of Grand Terrace, State of California, in connection with the proceedings for: - GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT:DISTRICT NO. 89-1 AND ANNEXATION:NO. 1 TO.,SAID DISTRICT,.hereinafter referred to'as the "Assessment District I, Johnny-Ghazal; the duly appointed ENGINEER OF WORK, submit herewith the "Report"consisting of six.(6)parts as follows: PART A Plans and Specifications for the proposed improvements are filed herewith and made.a part hereof. Said plans and specifications are on:file in the Office of the Clerk'of the City. _ PART B An estimate of the cost of the proposed:improvements, including incidental costs and expenses.in connection therewith, is as set forth ' the lists'thereof; attached hereto, and.are on file in the Office of the'Clerk of the City. PART C An assessment.of the estimated. costs of the improvements on each benefitted lot or parcel.of land within the Assessment District: PART D A proposed assessment of the total amount of the costs and expenses of the.improvements upon,' the several lots and -parcels- land.within the Assessment District,in proportion to the estimated benefits to be received by such lots and parcels, is set forth-upon the assessment roll filed. herewith and made part hereof. Description .of the work for the proposed improvements and description of all right-of-way, easements.and lands to be acquired, if necessary. -Page 4 PART E A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized.roll_of the.Assessor of the County-of-San.Bernardino which'are incorporated herein by reference. PART.F The Diagram of the Assessment District.Boundaries.showing the exterior boundaries of the -Assessment District,and the lot dimensions of.each-lot or parcel of land within the Assessment District has been submitted to the Clerk of the Agency, a facsimile is included herein. The lines and dimensions -of each lot or parcel withiri the. Assessment-District are those..lines and dimensions shown on the-maps of the Assessor of the County of San Bernardino, for the year when this.Report was prepared and are incorporated by reference herein:and made part of this: Report. Page 5 PART A PLANS AND SPECIFICATIONS The installation of planting, landscaping, irrigation systems, lighting.and the construction of appurtenant, facilities to be'operated, serviced and maintained, is, more specifically-described herein whereas, the landscaping and lighting facilities have been or will be provided 'by developers as a condition of subdivision of land, on part of the Conditional Use review and. approval-process. The facilities to be maintained and serviced,are., generally described as; follows: DESCRIPTION OF IMPROVEMENTS FOR GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1- The. improvements are the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities described as follows: 1. Tract 13364 (a) Landscaping 'Undscaping, planting, shrubbery-, trees; turf, .irrigation systems,. monuments,hardscapes, walls, fencing and appurtenant facilities in public_ right-of--ways and easements within the proposed boundary of said Assessment District. The locations of landscaping and appurtenant facilities are depicted on the Assessment Diagram as shown in.Part F,herein. (b). Lighting. Poles, fixtures, bulbs, conduits, equipment posts and pedestals-, metering devices and appurtenant facilities as required to provide lighting in public right=of-ways .and easements .within the proposed boundaries. of said Assessment District. 2. Tract 14264 (a) Landscaping Landscaping,: planting, shrubbery, .-trees, turf, irrigation system and appinlenant facilities within the.Gage Canal right-of-ways_ . During-the fiscal year.2013-2014, responsibility for-the maintenance of these facilities. shall:remain.with.the-developer. -Water shall.be supplied by and paid for through developer's meter and no costs shall be_shown on the tax rolls as assessments for the landscape maintenance during fiscal year 2013-2014. r Page 6 (b) Lighting Poles, fixtures, bulbs, conduits, .equipment, posts, pedestals, metering devices and appurtenant:facilities as required to provide.lighting in public. right-4-ways and- easements within the. proposed boundaries. of the District. A total of 7 street lights are included in the boundaries of this development. 3: Tract 14471 (a) Landscaping Landscaping, planting shrubbery, trees, and vines with Lot "A" of said Tract 14471, along with irrigation system for the improvements within:Lot- «A„ (b) Lighting Poles, fixtures, conduits, equipment,. posts, pedestals, metering .devices_ and.appurtenant facilities as required to provide lighting in public.right-of- ways. and easements Within die.boundaries of the District. A total of 6 street lights are maintained within the boundaries of this development. Page 7 << PART B. ESTIMATES OF COST The cost of maintaining improvements for Fiscal Year 2012-2013 as described in.Part A are summarized as follows: Tract 13364 1. Energy Costs—Street Lighting $ 597.60 2. Landscaping a. Water-Supply 1,138.58 b. Mowing and Trimming etc 0.00 c. Replacement Parts 0.00. d.. Contract Maintenance 1,920.00 . 3. Contingencies a. Legal 1.,200.00 b. Engineering 145.00 c. Auditor.Controller Charges 45.60 d. Administrative cost 0.00 e. Shortage(Last Fiscal Year) . 0.00. ANNUAL COSTS (-TOTAL) $ 5,646.58 Tract 14471 1. - Energy Costs-Street Lighting . $ 498.00 2. Landscaping . a. Water Supply 412.22 . b. -Mowing and Trimming etc 0.00 c. Replacement.Parts, 0.00 d. Contract Maintenance 2860.0.0 3. Contingencies . a.. Legal 1,049.00 b. Engineering 440.00 c.. Auditor Controller Charges 0.00 d: . Administrative cost: . 0.00 e. Shortage (Last Fiscal Year) 0.00 ANNUAL COSTS (TOTAL). $ 5,259.22 Page 8 t Tract-14264 1. Energy Costs=Street Lighting $ 697.00 2.. Landscaping a. Water Supply 0.00 b. Mowing and Trimming etc 0.00 c. Replacement Parts 0:00 3. .Contingencies a. Legal . .250.00 . .b. Engineering 97.69 c. Auditor Controller Charges. 1:00 d. Administrative cost - 1.69.75 e. Shortage(Last Fiscal Year) 0.00 ANNUAL COSTS (TOTAL) $ 1,215.64 Page 9 ASSESSMENT ROLL FOR GRAND TERRACE LANDSCAPINGAND LIGHTING DISTRICTNO.89-1 F.Y.2012-2013 ASSESSOR'S PARCEL. ASSESSMENT AMOUNT . 0275-301-08 $282.33 0275-301-09 $282.33 0275-301-10 $282.33 . 0275-301-11 $282.33 . . . 0275-301-12 $282.33 0275-301-13. $282.33 0275-301-14 $282.33 0275-301715 $282.33 0275-301-16 $282.33 0275-30147 $282.33 . 0275-301-18 $28233 0275-301=19 $28233 0275-301720 $282.33 ..0275-301=21 $282.33 0275-301-22 $282:33 .0275-301-23 $282.33 0275-301724 $282.33 0275-301=25 $282.33 0275-301-26 $282.33 0275-301-27 - -$282.33 Page 10 ASSESSOR'S PARCEL ASSESSMENT AMOUNT 0275-251=81 $1,215.64 11787181-16 $30936 1178-181-17 $309.36 1178-181-18 $309.36 1178-181-19 $309.36 1178=181-20 $309.36 1178-181-21 $309.36. 1178-181-22 $309.36 1178-181-23 $309:36 1178-181-24 $309.36 1178-18.1-25 J;. $30936 1178-181=26. $309.36 1178-181.27 $309.36 1178-181-28 $309.36 1178-181-29 $309.36 1178=181-30 $309:36 1178-181-3.1 $309.36 1178-181-32 $309.36 . Page 11. PART C ASSESSMENT ROLL The proposed assessment and.the amount of assessment for'Fiscal Year 2013-2014 apportioned to. each lot or parcel, as shown on the latest roll at the.Assessor's Office is shown on "Assessment Roll for Grand Terrace Landscaping and Lighting District :No. 89-1 -and Annexation No. I".to said District for Fiscal Year 2013-2014. The description of each lot or.parcel is part of the.records of the Assessor of the County of San Bernardino and these records are,by reference, made part of this Report. The total proposed assessment for the 2013-2014 Fiscal Year is$127121.44 Page 12 r PART D METHOD OF APPORTIONMENT OF ASSESSMENT The method of apportionment- Will be in accordance- with-benefit received. The benefit is increased in property values received. The.benefit.is based on increase in property values derived from the facilities provided by the District. In each of the three areas, the benefit is based on the total-cost-of maintenance within that'area, with the total cost for area being assessed-equally among the lots within these areas. r Page 13 PART E PROPERTY OWNERS LIST The property owner list with the- names and .addresses of each property owner of each lot or parcel; as shown on the Assessment Diagram in Part F herein; is ,the list of property owners shown on_the.last equalized roll of the Assessor of the County of San Bernardino and is; by reference,made part.of this report(see Part C,Assessment Roll). ASSESSOR'S PARCEL NO. PROPERTY OWNER 2751-301-08 Vagas Family 4-28-88 37821 Grand Oaks Ave. Palm Desert, CA 92211 275-301-09 Vagas Family 4-28-88 37821 Grand Oaks Ave. Palm Desert,CA 92211 275-301-10 C&E 1Vlauerhan Family L:P. 12005 Aspen Circle;Apt. C Grand Terrace,CA 92313 275-301-11 C&E IVLauerhan Family L. 12005 Aspen Circle;Apt. C Grand Terrace,CA 92313 275-301-12 Pannier,Barbara J. Trust 1309 Ashford Ln. Newport-Beach, CA 92660 275-301-13 Velarde 07/25/80/lt 17392 Wild Rose Ln. Huntington Beach, CA 92649 275-301-14 Poon,Frank.K.C./te Poon,Lucy H.P. 1688:Highland,Oaks.Dr. Arcadia,CA 91006 Page 14 -` ASSESSOR'S PARCEL NO. PROPERTY OWNER 275-301-15 Navarro Trust 19450:Nuthatch St. . Perr-is,CA 92570 - 27.5-301-16 Vagas,.Raymond Me Vagas, Grace C. 19450 Nuthatch St. Perris, CA 92570 275-301-17 Navarro Trust.05/01/07 19450 Nuthatch St.,- . . . Perris, CA 92570 275-301=18. Albert Navarro. 11346 Magnolia,C Riverside,-CA 92505 275-301-19 Kader;Abba 28582 Murrelet Drive -Laguna Niguel, CA 92677 ' 275 801-20 Davanzo Frank V. 22456 Chaparral Ln.#.D Grand Terrace,CA 92313 275-301-21 C&E Mauerhan Family L.P.. 12005.Aspen Circle,.Apt. C Grand Terrace, CA 92313 275-301-22 Navarro Trust 05I0 U07 19450 Nuthatch St. Perris, CA 92570 275-301-23 C &.E Mauerhan Family L.P. 12005 AspenCircle.:Apt;C .Grand Terrace, CA 92313 Page 15 ASSESSOR'S PARCEL NO. PROPERTY OWNER 275-301-24 Terrace Pines Development Co. 12005 Aspen Circle,Apt.C Grand Terrace,CA 92313 275-301-25 C &:E Mauerhan.Family L.P. 12005 Aspen Circle,Apt.C Grand Terrace,CA 92313 275-3.01-26 Kader, Abba - 28582 Mutrelet Drive Laguna Niguel,CA 92677 275-301-27' Strickler,Corbin T. P.O. Box 43 Rimforest,CA 9237$ 275-251-81 North Waterford .Apartments 1777 Botelho Drive,'Suite 300 Walnut Creek, CA 94596 1178-181-16 Black MD & VL Living Trust 22163 Pico Street Grand Terrace, CA 92313 1178-181-17 Abdeljawas;Jawad Saman 22710 Pico St. Grand Terrace, CA 92313 1178-181=18 Bigelow,Donovan M. Bigelow,.Juanita J. 22700 Pico St. Grand Terrace,CA.92313 1178-181-19 Gonzales,David Gonzales, Betty P. 12685 Oriole Avenue Grand Terrace, CA 92313 Page 16 ASSESSOR'S PARCEL NO. PROPERTY OWNER 1178-181-20 Harkey,Kirk R. Harkey, Kristene M. 12675:Oriole Ave.. Grand Terrace,CA 92313 1.1787181-21 Hubbs,Lucile M. Henson,Paula A. 22755 Franklin St. Grand Terrace,CA 92313 1178=I81�22. . Keeling"Teresa S.eel . Keeling,David-T. Sr. 22745 Franklin St. Grand Terrace,-CA 92313. 1178-181--23 Ruiz,Dora G. 22735 Franklin St. Grand Terrace, CA 92313 1178-181-24 Mattheson, Wayne A. Mattheson,.Esther D. 12655 Pruitt Ct. Grand Terrace,CA 92313 1178-181-25 Yong,Alberta L-h 12645 Pruitt Ct. Grand Terrace,CA 92313 1178-181726 Miller,.Wendy. 12635 Pruitt Ct Grand Terrace,CA 9231-3 . 1178-181-27 Richardson,:Blair Richardson,Kim. 12625 Pruitt Ct. Grand Terrace,CA-92313 1178-181728 Mafnas,.R61ando J. 12615 Pruitt Ct. . Grand Terrace. CA 92313 I Page 17 ASSESSOR'S PARCEL NO. PROPERTY OWNER 1178-181-29 Martinez,Hema. 12610 Pruitt Ct. Grand;Terrace, CA 92313 1178-181-30 Delgado,Emiliano- 12620 Pruitt Ct. Grand Terrace, CA 92313 .1178-181-31 Acosta,-Larry Acosta,Kori 12630 Pruitt Ct. Grand Terrace,CA 92313 1179-181-32 Bavadian,Shapour 1975 Castlegate Ln Redlands, CA 92374 Page 18 PART F ASSESSMENT DIAGRAM An Assessment Diagram for the Assessment District has been submitted to the.Clerk.of the..City. in,the format required under the provision.of the Act.- The enclosed.is a facsimile of subject submittal and is included herein.- The: lines and dimensions of each lot or parcel.within the Assessment District are those;lines and dimensions shown.on the.maps oUthe Assessor of:the: County of-San Bernardino,for the.year when this Report was prepared, and'are-incorporated by reference herein and made part of this Report. Dated this: day of 2013 Johnny Ghazal Engineer of Work PRELIMINARY APPROVAI,BY THE.CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,ON THE DAY OF:: ,2013: Tracey Martinez Clerk of.the.City-of brand Terrace State of California FINAL APPROVAL BY THE.CITY COUNCIL;OF THE.CITY OF GRAND TERRACE, CALIFORNIA,ON.THE DAY OF_ ,2013. 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