HomeMy WebLinkAbout22-25 ROW Vacation - 416 North Main Street and 425 North Dr. Martin Luther King Jr. Drive MIADanch, Harner & Associates, Inc.
Michael J. Danch, L.A. Land Surveyors • Professional Engineers
Ron Harner, P.S. Landscape Architects• Land Planners
March 19,2025
South Bend Common Council
4th Floor County City Building Filed in Clerk's Office
227 W.Jefferson
South Bend,IN 46601 :,IAR 2 5
Bianca Tirado
City Clerk, South Bend, IN
Dear Honorable Council,
Please accept this Ordinance to vacate a portion of the street right-of-way as shown in the
attached diagram. This portion of the street is excess right-of-way following the realignment and
reconstruction of Main Street and Marion Streets when the roundabout was added.The vacation if
for the portion starting 1'behind the sidewalk,is as standard for most street right-of-way layouts in
the City of South Bend. There are no utilities currently located within this portion of the vacation
area.We are working with all the utility companies to release any outstanding easements on other
portions of the block in preparation for a Subdivision to consolidate the block into one developable
parcel.
Great Lakes Capital and their development partners are excited about the future development in
the area. Formally vacating this right-of-way will allow for a more comprehensive design of the
buildings and services being offered in this block.
We respectfully request approval to vacate the right-of-way as shown in the attached request.
Thank you for your consideration. If you have any questions or concerns,please feel free to reach
out to me at(574) 234-4003.
Sincerely,
°/14-56-4 gUA
Angela M. Smith
Senior Planner
1643 Commerce Drive•South Bend,IN 46628 208 West Mars•Berrien Springs,MI 49103
Office:(574)234-4003 i(800)594-4003•Fax:(574)234-4119 Office:(616)471-3010•Fax:(616)471-7237
Filed in Clerk's Office
Bianca Tirado
BILL NO.
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION
AND EAST SIDE OF MAIN FROM THE ROUNDABOUT AT MICHIGAN AND
MARION SOUTHWESTERLY TO MADISON
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation between the current property lines and the existing right-
of-way in order to allow for a more cohesive development on the property.
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the
authority to hear all petitions to vacate public ways or public places within the City. The following
Ordinances vacates the above-described public property.
NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The portion of the right-of-way along the South side of Marion and East side of Main from
the roundabout at Michigan and Marion southwesterly to Madison, more particularly
described as set forth in Exhibit A.
Hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of all
utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities,
including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water
control structures and ditches, within the vacated right-of-way, unless such rights are released by
the individual utilities.
SECTION III. The following properties may be injuriously or beneficially affected by
such vacating:
425 N Dr. Martin Luther King Jr Drive—Parcel ID # 018-1003-0095
416 N Main Street—Parcel ID# 018-1003-0089
SECTION IV. The purpose of the vacation of the real property is to allow for a more
cohesive development on the property as a result of vacating the area between the current property
lines and the existing right-of-way.
1
SECTION V. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of , 2025.
Canneth Lee, President,
South Bend Common Council
ATTEST:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 2025, at o'clock .m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of , 2025, at o'clock .m.
James Mueller, Mayor, City of South Bend, Indiana
2
EXHIBIT A
LEGAL DESCRIPTION FOR VACATION AREA:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP,CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT#164,
OF THE RECORDED PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND", AS SHOWN IN PLAT BOOK
#1, PAGE #1; THENCE NORTH 00°28'51" WEST ALONG THE ORIGINAL EASTERLY RIGHT-OF-WAY
LINE OF MAIN STREET, A DISTANCE OF 20.63 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-
WAY LINE OF THE MAIN-MARION STREET CONNECTOR FOR THE NEXT SIX (6) COURSES: ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 278.31 FEET, AN ARC LENGTH OF 189.94 FEET, WITH A
CHORD BEARING OF NORTH 18°25'45" EAST, AND A CHORD LENGTH OF 186.28 FEET, AND
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 211.78 FEET, AN ARC LENGTH OF
86.06 FEET,WITH A CHORD BEARING OF NORTH 52°27'43"EAST,ACHORD LENGTH OF85.47 FEET;
AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET,AN ARC LENGTH
OF 73.99 FEET, WITH A CHORD BEARING OF NORTH 74°42'09" EAST, AND A CHORD LENGTH OF
73.57 FEET; AND THENCE NORTH 85°18'04" EAST, A DISTANCE OF 40.85 FEET; AND THENCE
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET,AN ARC LENGTH OF 58.46 FEET,
WITH A CHORD BEARING OF SOUTH 77°57'07" EAST, AND A CHORD LENGTH OF 57.63 FEET;AND
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 104.80 FEET, AN ARC LENGTH OF
78.12 FEET, WITH A CHORD BEARING OF SOUTH 39°50'S5" EAST,AND A CHORD LENGTH OF 76.33
FEET,TO A POINT ON THE ORIGINAL WESTERLY RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING
JR. BOULEVARD (FORMERLY KNOWN AS MICHIGAN STREET); THENCE SOUTH 00°34'56" EAST
ALONG SAID WESTERLY-RIGHT-OF-WAY, A DISTANCE OF 19.89 FEET TO THE SOUTHEAST CORNER
OF THE NORTH HALF OF LOT# 158 IN SAID PLAT; THENCE NORTH 40°47'35" WEST, A DISTANCE
OF 43.37 FEET TO A POINT ON THE NORTH LINE OF SAID LOT# 158; THENCE NORTH 57°55'12"
WEST, A DISTANCE OF 55.85 FEET;THENCE SOUTH 89°35'33"WEST PARALLEL WITH SAID NORTH
LINE OF LOT# 158, A DISTANCE OF 50.00 FEET; THENCE SOUTH 53°01'11" WEST, A DISTANCE OF
50.35 FEET TO THE NORTHWEST CORNER OF SAID LOT# 158; THENCE SOUTH 59°35'02" WEST,A
DISTANCE OF 16.15 FEET TO A POINT ON THE EAST LINE OF LOT # 167 IN SAID PLAT OF "THE
TOWN, NOW CITY OF SOUTH BEND"; THENCE SOUTH 49°29'24" WEST, A DISTANCE OF 90.04
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT# 167; THENCE SOUTH 38°14'39" WEST, A
DISTANCE OF 84.63 FEET, TO A POINT ON THE SOUTH LINE OF LOT#166 IN SAID PLAT; THENCE
SOUTH 31°25'21" WEST, A DISTANCE OF 16.48 FEET TO A POINT ON THE NORTH LINE OF LOT#
165 IN SAID PLAT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.10 FEET, AND
AN ARC LENGTH OF 71.29 FEET, WITH A CHORD BEARING OF SOUTH 21°19'32" WEST, AND A
CHORD LENGTH OF 71.15 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT # 164; THENCE
SOUTH 89°35'01" WEST, ALONG SAID NORTH LINE OF SAID LOT# 164,A DISTANCE OF 8.52 FEET,
TO THE POINT OF BEGINNING.
SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD.
CONTAINING 0.46 ACRES, MORE OR LESS.
I 3 I 6 COUNTY-CITY BUILDING U _ ti�d PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD W \�. D FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 \PEACE J ��
% x
1865
CITY OF SOUTH BEND JAMES MUELLER,MAYOR
BOARD OF PUBLIC WORKS
March 11,2025 Filed in Clerk's Office
Ms.Angela Smith9 t �5
Danch,Harper&Associates
1643 Commerce Drive Bianca Tirado
South Bend,IN 46628 City Clerk, South Bend, IN
asmith@danchharner.com
RE: ROW Vacation—416 N.Main St&425 N.Dr.Martin Luther King Jr.Dr. (Preliminary Review)
Dear Ms.Smith:
At its March 11, 2025 meeting, the Board of Public Works reviewed comments by the Engineering
Division, Community Investment, Fire Department, Police Department. The following comments and
recommendations were submitted:
Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous.The vacation would not make access
to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation
would not hinder the public's access to a church, school or other public building or place. The
vacation would not hinder the use of a public right of way by the neighborhood in which it is located
or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
Right-of-way.If you still wish to pursue this street vacation,please bring this BPW Recommendation Packet to the
City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a
presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.
The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property
is appropriately transferred to your name.If you have any questions about how the Right-of-way vacation will affect
your property taxes,please contact the Auditor's Office.
Sincerely,
/s/Theresa Heffner
Theresa Heffner,Clerk
Enclosures
TH/hh
ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BREANA N.MICOU
v.2024-07-30
isouTR 134 STREET/ALLEY VACATION BPW APPLICATION
�11` City of South Bend —Board of Public Works
��, PEASE S 227 W. Jefferson Boulevard, Ste. 1316
1865 South Bend, IN 46601
Date: 02/11/2025 Phone#: 574-234-4003
Name: Danch, Harner & Associates E-mail: asmith@danchharner.com
Property Address: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr.
Applicant property information: ❑Residential n Commercial ❑Industrial
Describe the general street/alley location with boundaries (Ex: 1st East/West Alley,west of St. Peter St and
north of Howard St):
The Portion of the right-of-way along the South side of Marion and East side of Main from the round-about at
Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description.
Describe the reason for the request,proposed use, and any changes made to the request following from
preliminary review:
When the State re-routed Main Street, the process to clean-up the right-of-way was not completed.
The property owner is seeking to vacate the area between the current property lines and the
existing right-of-way in order to allow for a more cohesive development on the property.
The following MUST be attached to this application:
• $300 payment(check or money order)
• Preliminary review form with staff comments
Office Use Only
Fee Paid Date: 02/11/2025
Check/Money Order#: #48401
BPW Recommendation: MCavorable ❑
CITY OF SOUTH BEND,INDIANA
BOARD OF PUBLIC WORKS
taiAltik
Elizabeth A.Maradik,President Joseph R.Molnar,Vice President
Gary A.Gilot,Member Breana Micou,Member
fjL.ivy Y—e<iO.
Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk
Date: March 11,2025
This application expires 90 days from the BPW meeting date,which is June 9,2025.
W\.�! a
1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: February 11, 2025
TO: Kyle Ludlow, Public Works
Kara Boyles. Engineering
Chris Dressel, Community Investment
Derek Erquhart, Fire Department
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk (theffner@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS — ROW VACATION
APPLICANT: Danch, Harner&Associates
LOCATION: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr.
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED
ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA:
1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood
in which it is located or to which it is contiguous.
2. The vacation would/would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
3. The vacation would/would not hinder the public's access to a church, school or other public building
or place.
4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which
it is located or to which it is contiguous.
PUBLIC WORKS/ENGINEERING: Favorable recommendation, subject to relocation of utilities and
release of easements.
COMMUNITY INVESTMENT: Favorable Recommendation.
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
v.2024-07-30
4 ' 1;8FM STREET/ALLEY VACATION PRELIMINARY REVIEW
City of South Bend - Board of Public Works
PE CE`, 4 227 W. Jefferson Boulevard, Ste. 1316
1865 South Bend, IN 46601
Date: January 22, 2025 Phone#: 574-234-4003
Danch, Harner & Associates asmith@danchharner.com
Name: Email:
Property 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr.
Address:
Applicant property information: ❑ Residential It Commercial ❑ Industrial
Describe the general street/alley location with boundaries(Ex:1st East/West Alley,west of St.Peter St and north of Howard St):
The portion of the right-of-way along the South side of Marion and East side of Main from the round-about at
Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description.
Is your property adjacent to the street/alley of interest? p Yes ❑No
Do any property owners currently access the street/alley? ❑Yes ❑No
Is there a future property development plan associated with this request? ❑Yes 0 No
Describe the reason for this vacation request and proposed use:
When the State re-routed Main Street, the process to clean-up the right-of-way was not
completed. The property owner is seeking to vacate the area between the current property lines
and the existing right-of-way in order to allow for a more cohesive development on the property.
This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic
criteria.Staff will review the information provided and give feedback to the applicant.
OFFICE USE ONLY:
Do less than 50%of properties on the full block have direct street access? Ej Yes ❑ No
Is this the only midblock connection? ❑ Yes ❑ No
Is the block length greater than 600'? ❑ Yes ❑i No
Will the vacation result in:dead end alley,interference with bike route,violations of ❑ Yes ❑i No
minimum traffic safety standards?
Are there public or private utilities in the alley? ❑ Yes 0 No
Preliminary Staff Comments:
Favorable response for this vacation request.
1.
VACATION DIAGRAM
PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
LEGAL CESCRIPTION FOR VACATION AREA aERD tt—SAFE --SIB•—N' .3/4
DP.OTt OF SOUTH
B 1. (=aE(IEELAI d RAF LEE-OExON-.�
TOWNSHIP G �E; R.� N RED.
Sr. w cowry. PARTICULARLY SESC.ED AS rNECWS RAW LNE R/W� RM R/W LRE
. CORNER Of HAS/ SS THE�PLAT
w PLAT 01.PP.
OF�n- ar}e'31• W THE
OF-WA ME Of WN SMELT. �A CF 20.83�T:^ MARION STREET (82.5' R/W) _ _� —
E OR THE LH RIGHT.-Of G A CURVEIA.-MARIONT SWEET g --- —ALONG
THE
FOR THE HER (e)[N.W.S A CURVE TO RENT — — —CWITH A WOW Of 278.31 FEEL AN ARC Ei A 169.94 FEET.MN A
.0RO NORM .25•AS•E.AND LENGTH Lw10a0 UDWITI OF RADIUS 186.2.TB FEEL AND AWND LENGTH OF CURVE TO THE RIHT A OF 31. N em A.)FEET.AN NORTH )
w 1T1EA3.RW THENCE
A moue OF 1G0 FFui AN ARC LEIM.HORD LEN.Of 83,FEET;AND E Off]3 9 FE E R/W UNE IRE QA1
F/9clNG OF NORTH EAST. AND A CHORD LO.H Or ,ATs�' - 'S X\\ \ \ I +X (-o.37(HR)
73.52AFEET:AND M E eR•Ieb•EAST.A DISTANCE Of.85 FEET; y - �•f�
AND THENCE ALO.A CURVE m THE RANT w.A RADIUS Of 103.00 RET 9 I ® OY ;sAis\\\, ,'j \\�\�\,, cn S
Am Lnw•Ix a a.e FEET,Mx A CHORD REARM a mum rrsrw•cAsr. I I $ \▪ \'\ \\�Fw \\F.• Illr \\\ I v
RENT w AIENOAnRS of SOUTH 3E F35'EA ARc tENem RD LE EEET WTI A I \ \ •`\�\..a. t.`O' Q Am E. m•F_G�EG E.0110 ND
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. . ON
ss.es FEET. LOT I sR:THENCE N I - '4 `�\��2.5\•,'M1 O — ,p was , m...a.. (0 FEET TO AWs A NORTH UNE OF SOD
\ mom
PAIN._W.SAID Nom LNE of LOT/tu,A DISTANCE o<MOO FEET; p" \\�\\y` e~ F! F'¢ O a T.
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THENCE RE S SSOt't t'WEST A IN ERE M m]5 FEET m THE NORTH/JEST `\� \\ ���..—_ W E4'^a'N` m RE B AS AN
cMNER or sun or It 1st RIEKE soum s®35'dC WEST A E OF ———— f uPn[m'NUR' �^ I F'�"O°I
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DISTANCE OF 90b FEET.TO A POINT ON TIE mum LINE OF S.LOT I te>: _-• I••a
THENCE SOUTH]Et A'a'Nt1T, A DISTANCE OF N.el FEET. m A PC.ON E. i 44'. '!• ;' 8 Ey =�_a
ME SO.uNE OF LOT/IN N SAD Mr;THENFE SM.31.311•WEST. g ? \\ ` (7 W
A DISTANCE DF 164e FEET To A PONT ON THE NO.ALE OF Lm/LasN og •'�• Iz5 .-
SMO PUT:THENCE AWE A CURSE TO RE LEFT MN A RADIUS }'
FEET.AND AN ARC LENGTH OF 21.29 FEET MH A CHORD BEAM OF SOUTH ,,;. IX I \�`�\
2R1a'Sr WEST.AND A CHORD LENGTH OF 31.15 FEET,TO A Paa ON THE ::A-ATSO•.NEE,.... P E. 3 !Yi . _ --„..,a aO Se Pm akaA-A.
FproM ME Lot I,a.PENCE ENE eE35•D,-WES,. ALONG s THE
_ ._e m \,., _ .. a
NORM UNE OF SOD LOT/184,A DISTANCE OF e32 FEET. TO THE TO THE �y �:.' • SURVEY PARCEL nA ��
SECT TO AuCONTAINING 0.46 g MIL RENT-OF-WAYS.T-LESS.
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ABED AS FOLLOWS: R/x UNE P/R UNE Y R/R,NE R/W UNE R/W USE `
THE RECORDED PLAT I
LAT BOOK#1,PAGE
ORIGINAL EASTERLY
0.63 FEET; THENCE MARION STREET (82.5' R/W) j -
)RVE ARION STREET _8 - - _
ONE TO THE RIGHT - - - -- -
-
19.94 FEET, WITH A
LENG
RADIUS OF 1211.78
6636 I N a9'35'28•E 19DA2•(1!,
RADIUS OF NORTH
4CE BEARING OF CURE \ - 710.00100
VCE ALONG A CURVE � --• -. - -- �y:
Cm OF 73.99 FEET, UNE 0 UNE �g• R/R UNE
CHORD LENGTH OF .0 . P(..--•`-`J __ (-Os�(N33DJ
ICE OF 40.65 FEET; • • g
OF 700.00 FEET,AN $ MAS CO.'A&SOW-, - • I S
LOH 7T57'07'FAST. 1 >'a1•s 0 lT0W ME♦ . .15
e A CURVE 70 THE I I S C •�'.' �"-
76.12 FEET,WITH A C EXISTIN
LENGTH OF 76.33 ` ' Q' A o.'w. •Ia
WAY UNE OF DR. __ _.�J:_` L.`:•.- =3 Awe r-R.l Mr
20 SET DUE
TRuI • \ \-O til4' ` TRACT 4 ,9-uw9LE E :-• '0 ,�4�w�a>�0
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TTH 69'3533• WEST \4 S' u o• F� W ) �
ICE OF 50.00 FEET; 31 4• 8: �V�1W O o-i rti
TO THE NORTHWESTOF ..e ---_ ¢ ,' F+I 4, Ir.1m rtu 8
aT, A DISTANCE OF ---- 0 1 •T' �_ -- �`y3'� OtNSLE TO SET DUE �- T/ES f" N.iOO' _
7 WI SAID PLA OF ` _ e�'y8' TO
TRACT 3 PRESENT TRACT 1 (Y„1 -.-
1 49'29'24' WEST, A Li --
OF SAID LOT/ 167: R. •y9 M1 A �3 +-
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TIH 31'25'21•WEST. g 6 W 1-•• • 9 d,"~ ,0 C. CJ ST yw0w+r.0 -
E OF LOT F 165 IN W 7 Q'•' ,, f-i -
RADIUS OF 326.10 - ? T-I slow
BEARING OF SOUTH �` _ --- - ~ •® i
O A POINT ON THE E•H ' � 1
.,.^.00;14'AILEY 3 I VA^.NEO:{'ALLEY =%3F0 1P At1Ff �:. �y 'D 0•sl:fi
•" PER DOC.6210000 PER 00c.1236057
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7 cross Femur uNc SURVEY PARCEL
) RESTRICTIONS OF x �y •I 2.43 ACRESt s -'; W d
1w••• o TRACT 2 - PARCEL 9 n x
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---- #•.. PARCEL 11 _- •- - - ------- --- -- -.
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