ORD 37691 - Necessity of appropriating property for Riverfront Trail North •
•
UA `�� [1 L ! Y` Public Works Department
.�K_ ref��� Omaha/Douglas Civic Center
�1�t i"'"^ •Q? FEB 27 ik 23 1819 Farnam Street,Suite 601
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p : '��. : �• � Omaha,Nebraska 68183-0601
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OHM:, ,d_,dJ R A S i„A City of Omaha Robert G.Stubbe,P.E.
Mike Fahey,Mayor March 20, 2007. Public Works Director
Honorable President
And Members of the City Council,
Transmitted herewith is an. Ordinance declaring the necessity of appropriating and acquiring
certain private property for the purpose of constructing Phase III of the Riverfront Trail North,
identified as project DPS-28(70) C.N. 21973. This project will construct a pedestrian trail from
the trails current south terminus north of Eppley Airport property to Locust Street.
This acquisition includes securing property interests including acquisition, permanent easements,
and temporary construction easements in the area shown on the attached Exhibit A. The
Ordinance provides that the City negotiates with the property owners for said property, and that
the property that cannot be obtained by negotiations be condemned.
Payment for all costs incurred associated with the acquisition of these property interests shall be
paid from the 2000 Park and Recreation Bond Fund No. 13352, Organization No. 131621, and
Project 0062.
•
The Public Works Department requests your consideration and approval of the attached
Ordinance.
Respectfully submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
2-2.Z-02 ``""`�'` 2, Zt.a7
Robert G. Stubbe, P.E. Date Steven N. Jensen, .• r Date
ublic Works Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
Carol A. Ebdon Date Mayor's Office Date
Finance Director
Approved:
Steve Scarp , Director Date •
Parks, Recreation and
Public Property Department
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‘11i` F STATE O N P State of Nebraska glas County,
tz- •4NE.RAL
G Subscribed' presence and sworn to before
010 N �t 2 10 r d
,'1<h Ptiblif $ me this day of
yQ1R
Ada tionaI Copig, 10
� -$ Ma h 20 07
87'•M A•
ATE OF N N u • and for Doug as County,
S to of Nebraska
sworn to before
on and below the surface of the ground for' •
the purpose of serving the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
•
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ORDINANCE NO. (j 9/
AN ORDINANCE declaring the necessity of appropriating and acquiring, for use of the City of
Omaha, certain private property for the purpose of constructing Phase III of the
Riverfront Trail North, identified as project DPS-28(70)C.N.21973; providing that the
City negotiate with the property owners for land acquisitions, permanent easements and
temporary construction easements in the area shown on the attaché Exhibit "A";
providing that as to each specified parcel which cannot be obtained by negotiations,
condemnation proceedings be undertaken and completed; providing that funding will be
from the 2000 Park and Recreation Bond Fund No. 13352, Organization No. 131621 and
Project 0062; and providing for the effective date hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary and it is hereby declared property and
necessary to appropriate certain lands for the purpose of constructing Phase III of the Riverfront
Trail North, identified as project DPS-28(70)C.N.21973. Said property and lands necessary for
such purposes are described as follows:
See the attached Exhibit"A"plat drawing of abutting properties for which land
acquisitions, permanent easements and temporary construction easement will
be needed to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized, empowered, and directed to negotiate, through either employees of the City of
Omaha or through persons employed therefore or through any combination thereof, with the
owners of the above-described properties for the acquisition of said properties by the City of
Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of
the above-described properties for the acquisition thereof by the City of Omaha, the Public
Works Department is authorized, empowered, and directed, together with the Law Department of
the City of Omaha, to proceed forthwith to acquire any such property, not obtained by
negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in
ector Date •
Parks, Recreation and
Public Property Department
P:\PRPP 1\7866sap.doc
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‘11i` F STATE O N P State of Nebraska glas County,
tz- •4NE.RAL
G Subscribed' presence and sworn to before
010 N �t 2 10 r d
,'1<h Ptiblif $ me this day of
yQ1R
Ada tionaI Copig, 10
� -$ Ma h 20 07
87'•M A•
ATE OF N N u • and for Doug as County,
S to of Nebraska
sworn to before
on and below the surface of the ground for' •
the purpose of serving the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
•
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• ORDINANCE NO. c3719/
PAGE -2-
• accordance with the Laws of the State of Nebraska under the power of eminent domain. Any
notices in the name of the City of Omaha required to be given the owners or other persons
having any interest in and to any of the above described real estate may be given by either the
Public Works Department or the Law Department of the City of Omaha. The Public Works
Department will be responsible for recording of all deeds, easements or other acquisition
documents resulting from the exercise of the authority granted under this Ordinance in the
Register of Deeds Office in the appropriate county.
Section 3. That this Ordinance shall take effect and be in force fifteen (15) days from
and after its passage.
INTRODUCED BY COUNCILMEMBER
C7&.) ai.. APPROVED BY:
MAYOR OF THE CITY O OMAHA9/
"DATE
PASSED: APR -_3. 2007 9-a
ATTEST:'
CIT CLERK: bF T .TY OF OMAHA DATE
APPROVED BY:
L�� 7-�
CITY ATTORNEY DATE
P:\CC\7867sap.doc
.N.21973. Said property and lands necessary for
such purposes are described as follows:
See the attached Exhibit"A"plat drawing of abutting properties for which land
acquisitions, permanent easements and temporary construction easement will
be needed to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized, empowered, and directed to negotiate, through either employees of the City of
Omaha or through persons employed therefore or through any combination thereof, with the
owners of the above-described properties for the acquisition of said properties by the City of
Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of
the above-described properties for the acquisition thereof by the City of Omaha, the Public
Works Department is authorized, empowered, and directed, together with the Law Department of
the City of Omaha, to proceed forthwith to acquire any such property, not obtained by
negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in
ector Date •
Parks, Recreation and
Public Property Department
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G,0 c.1,0 o: pril 07
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‘11i` F STATE O N P State of Nebraska glas County,
tz- •4NE.RAL
G Subscribed' presence and sworn to before
010 N �t 2 10 r d
,'1<h Ptiblif $ me this day of
yQ1R
Ada tionaI Copig, 10
� -$ Ma h 20 07
87'•M A•
ATE OF N N u • and for Doug as County,
S to of Nebraska
sworn to before
on and below the surface of the ground for' •
the purpose of serving the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
•
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•;;;;;;• PERMANENT EASEMENT 0 S.F. EXHIBIT NO.
-..........1 TEMPORARY EASEMENT 2307 S.F. PROJECT NO. DPS 28(70) C.N.21973
l I EXISTING R.O.W. DATE: March 06,2003
EXISTING R.O.W. -
•
OWNER: LEAD AGENCY:
Richard F.Owen Co. LLC
CITY OF OMAHA
87'•M A•
ATE OF N N u • and for Doug as County,
S to of Nebraska
sworn to before
on and below the surface of the ground for' •
the purpose of serving the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
•
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SEE ATTACHED SHEET FOR LEGAL DESCRIPTION SHEET 1 OF 1 SCALE: 1"=40'
% , NEW R.O.W.AQUISITION 1471 S.F. TRACT NO. 37
•;;;;;;• PERMANENT EASEMENT 0 S.F. EXHIBIT NO.
-..........1 TEMPORARY EASEMENT 2307 S.F. PROJECT NO. DPS 28(70) C.N.21973
l I EXISTING R.O.W. DATE: March 06,2003
EXISTING R.O.W. -
•
OWNER: LEAD AGENCY:
Richard F.Owen Co. LLC
CITY OF OMAHA
87'•M A•
ATE OF N N u • and for Doug as County,
S to of Nebraska
sworn to before
on and below the surface of the ground for' •
the purpose of serving the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
•
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0.23
"NOTICE TO PUBLIC" THE DAILY RECORD
The following OrdinanceM hash been set for OF Ow,t a II a
City Council hearing on March 27,2007,at l��]
2:00 p.m., in the legislative Chambers,
Omaha/Douglas Civic Center, 1819 Farnam RONALD A. HENNINGSEN, Publisher
Street, at which: hearirig all persons
interested,may be h aid.. PROOF OF PUBLICATION
AN ORDINANCE declaring the necessity
of appropriating and acquiring, for use of
the City of Omaha, certain private property UNITED STATES OF AMERICA,
for the purpose of constructing Phase III of
the Riverfront Trail North, identified as The State of Nebraska,
project DPS-28(701C.N.21973; providing that SS.
the City negotiate with the property owners District of Nebraska,
for land acquisitions, permanent easements County of Douglas,
and temporary construction easements in
the area shown on the attached Exhibit 'A; City of Omaha,
providing that as to each specified parcel
which cannot be obtained by negotiations, J.BOYD
condemnation proceedings be undertaken
and completed; providing that funding will beingdulysworn,deposes and says that she is
be from the 2000 Park and Recreation Bond 11 y
Fund No. 13352, Organization No. 131621
and Project 0062; and providing for the LEGAL EDITOR
effective date hereof.
BUSTER BROWN, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
City Clerk 3-23-07 published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
March 23, 2007
simper during that time was regularly published and
•r � aftQL%
_ion in the County of Do las,and State of Nebraska.
i (j
•
Subscribed• resence and sworn to before
NOTARY = 4-
*`t{bli iiVi"eeGN Si • 10 me this 2 d da of
07
r Additional Copies •.$_ 20
i . �
Ili Jl . To . -' 9.7 0 �Q
2
'9TE OF Vk No and or las County,
- ate of Nebraska
% , NEW R.O.W.AQUISITION 1471 S.F. TRACT NO. 37
•;;;;;;• PERMANENT EASEMENT 0 S.F. EXHIBIT NO.
-..........1 TEMPORARY EASEMENT 2307 S.F. PROJECT NO. DPS 28(70) C.N.21973
l I EXISTING R.O.W. DATE: March 06,2003
EXISTING R.O.W. -
•
OWNER: LEAD AGENCY:
Richard F.Owen Co. LLC
CITY OF OMAHA
87'•M A•
ATE OF N N u • and for Doug as County,
S to of Nebraska
sworn to before
on and below the surface of the ground for' •
the purpose of serving the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
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"NOTICE TO PUBLIC" THE DAILY RECORD
ORDINANCE NO.37691
•• AN ORDINANCE declaring the necessity OF O�/r/�II/�
of appropriating and acquiring, for use of itie>aii�a
the City of Omaha, certain private property
for the purpose of constructing Phase III of RONALD A. HENNINGSEN, Publisher
the Riverfront Trail North, identified as
PROOF OF PUBLICATION
project DPS•28(70)C.N.21973; providing thatt
the City negotiate with the property owners
for land acquisitions, permanent easements
and temporary construction easements in UNITED STATES OF AMERICA,
the
o idinreag town the attached c parcel The State of Nebraska,providing that as to each specifiedSS.
which cannot be obtained by negotiations, District of Nebraska,
condemnation proceedings be undertaken
and completed; providing that funding will County of Douglas,
be from the 2000 Park and Recreation Bond City of Omaha,
Fund No. 13352, Organization No. 131621
and Project 0062; and providing for the
effective date hereof. J.BOYD
SUMMARY:
AN ORDINANCE declaring the necessity being duly sworn,deposes and says that she is
of appropriating and acquiring, for use of
the City of Omaha, certain private property LEGAL EDITOR
for the purpose of constructing Phase III of
the Riverfront Trail North, identified as
project DPS-281701C.N.21973;providing that of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
the City negotiate with the property owners published dailyin the English language, havingbonafide paid
for land acquisitions, permanent easements ng a
and temporary construction easements in circulation in Douglas County in excess of 300 copies, printed in
the area shown on the attached Exhibit 'A"; Omaha,in said County of Douglas,for more than fifty-two weeks last
providing that as to each specified parcel
which cannot be obtained by negotiations, past; that the printed notice hereto attached was published in THE
condemnation proceedings be undertaken
and completed; providing that funding will DAILY RECORD,of Omaha,on
be from the 2000 Park and Recreation Bond
Fund No. 13352, Organization No. 131621 April 11, 2007
and Project 0062; and providing for the
effective date hereof.
PASSED: April 3,2007, 7-0
APPROVED BY:
MIKE FAH EY 4/5/07
MAYOR OF THE
CITY OF OMAHA -�?Spaper during that time was regularly published and
BUSTER BROWN, • th. cn: til�ti' inCounty
the of Do las,and State of Nebraska.
City Clerk
4-11 07 P�•:;:\ RAL *
N0• 1 Pt;�ON Subscribe m presence and sworn to before
\ss\ 31 10 11 t h
Pai4lisi� S $ • i
me this 'pril
e,z
f
Q � / 0•
• 7
dditionai Co i ti i /' • 1.10STA �" N /ub c' .uglas County,
Late of Nebraska
ng the general public or ' ' �pRY /y���
abutting property; and the right so reserved' Pul}11ShCe4 itge�OIV $ • 0 me this 4 th d of
shall also include such lateral connection or` yy vA1`t s
branch lines as may be ordered, desired or e>ttld}tion:i'ik?,,es $• 2 7
permitted by the City or such other utility, -
and •to enter upon the premises toy 0\• .•Q
accomplish the above purposes at any and �' fipES'
all times.That no buildings, improvements, lAT •"''n\��� Not and o o las County,
or other structures shall be placed in, on, QF \''�r ate of Nebraska
rover, or across said vacated right-of-way - _ - - - - -- --_ - - -- •-- - - --- -- - - -without express written approval of the City. - - -
'All vegetation upon the premises, including
but not limited to,trees,bushes, and crops,
and all structures upon the premises,
,including but not limited to,buildings,walls,) - ---- -— _ .__ ___- _ __
fences,drives and walks, may be damaged
,or removed as necessary in the exercise of
•
the rights herein reserved without
compensation to any person.
Section 2.That this Ordinance shall be in
full force and take effect fifteen (15) days
from,,and after the date of its passage.
PASSED: March 27,2007,7-0
APPROVED BY:
MIKE FAHEY 3/29/07
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
•
'4-4-Q7 „
--r.. •,t1,1),:o .,,,
49 N , Cc\
• \1Q:1:1
tnge liS 19994 1-°- (7)_. ...1-- I >2;44 -1-j° • ' CiN•1/
< -1\ L. 2"'
.r.- ,t, ..
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c• i / vise 4,,,;-- ait.
,Q
f".. .......„ cc'
z•
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IS PUZ6 N
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ISell:sNL6
2 Es .3
0 c...1 7 2
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, 1S-I99
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