HomeMy WebLinkAboutCDC/2004-11
RESOLUTION NO. CDCj2004-11
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING
THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF
REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT
PURPOSES OVER THE PROPERTY KNOWN AS 2072 AND 2095 N.
NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (APN 1191-
021-18 AND 1191-021-22) IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
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a public entity created pursuant to the Community Redevelopment Law (Health and Safety
Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located
in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment
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Law; and
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WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission"), as the governing board of the Agency, has authorized the Agency to
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assemble, and acquire real property for community redevelopment purposes in the Arden-
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Guthrie neighborhood (the "Arden-Guthrie Implementation Area"); and
WHEREAS, the Arden-Guthrie Implementation Area displays substantial and pervasive
symptoms of blight that cannot be remedied by private parties acting alone without community
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redevelopment assistance; and
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WHEREAS, the Inland Valley Development Agency (the "IVDA") may acquire real
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property located with the redevelopment project area of the Inland Valley Redevelopment
Project Area (the "Project Area") by condemnation if necessary as part of the redevelopment
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plan for the civilian reuse and redevelopment of the former Norton Air Force Base and certain
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lands in close proximity to the former Norton Air Force Base; and
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WHEREAS, the Arden-Guthrie Implementation Area IS located within the IVDA
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Project Area; and
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WHEREAS, the Agency and the IVDA have entered into the Redevelopment
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Cooperation Agreement, dated as of October 8, 2003 (the "Cooperation Agreement"), which
authorizes the Agency to act for and on behalf of the IVDA, as set forth in the IVDA
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Redevelopment Plan, with respect to the acquisition and redevelopment of lands and properties
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situated in the Arden-Guthrie Implementation Area; and
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WHEREAS, prior to the date of the Cooperation Agreement, the Agency has acquired
other real property in the Arden-Guthrie Implementation Area; and
WHEREAS, Section 3 of the Cooperation Agreement authorizes the Agency, either in
its name or on behalf of the IVDA, to exercise all powers of eminent domain of the IVDA, if
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deemed necessary in the discretion of the Agency to acquire real property within the Arden-
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Guthrie Implementation Area for community redevelopment purposes; and
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WHEREAS, on January 28, 2004, the Agency mailed a notice to the owners ofrecord of
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the real property located within the Arden-Guthrie Implementation Area as described below,
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(the "Property") and informed such persons that the Agency intended to appraise the Property
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for possible acquisition; and
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WHEREAS, the Agency has retained the services of an appraiser to appraise the
Property and the appraiser has reported an opinion of the fair market value of the properties
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located at 2072 N. Newcomb Street, San Bernardino, CA 92404 (APN 1191-021-18) and 2095
N. Newcomb Street, San Bernardino, CA 92404 (APN 1191-021-22) (collectively the
"Property"); and
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WHEREAS, based upon such real property appraisal report, the Commission authorized
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the Agency to send purchase offers to the owners of record, to attempt to purchase the Property
at the appraised values in lieu of condemnation, and on February 10,2004, the Agency mailed
purchase offers to the owners of record of the Property based on the appraised value of each
parcel of the Property described in this Resolution; and
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WHEREAS, the Agency transmitted offers to purchase the Property situated within the
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Project Area, based on the appraised values, to the owners of record ofthe Property; and
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WHEREAS, the purchase offers mailed to the owners of record of the Property, at the
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address on file with the office of the County Tax Assessor, was returned by the Post Office
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undelivered, and after diligent inquiry and reasonable research no additional address for the
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owner(s) could be located; and
WHEREAS, the owners of record of the Property have (has) not accepted the purchase
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offers submitted by the Agency; and
WHEREAS, the Agency has not been able to satisfactorily complete a negotiated
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purchase with the owners of record of the Property to assemble and acquire the Property for
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community redevelopment purposes; and
WHEREAS, on April 14, 2004, the San Bernardino Superior Court entered a judgment
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in the validation action filed by the IVDA in case number SCV 112588, confirming that the
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Cooperation Agreement is legal and binding and that the Agency may exercise eminent domain
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powers pursuant to the Cooperation Agreement without further action by the IVDA; and
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WHEREAS, although no formal "Arden-Guthrie Reuse Project" as this term is defined
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in the Cooperation Agreement, has been identified by the Agency at this time, nevertheless, the
Commission may serve as the "lead agency" as defined in CEQA for the purpose of conducting
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an environmental review in connection with the acquisition of the Property; and
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WHEREAS, for the proposed CEQA analysis at this time the proposed project consists
of land assembly of isolated parcels of vacant real property in support of the redevelopment of
the Arden-Guthrie Implementation Area; and
WHEREAS, the Property is subject to real property tax liens for delinquent tax
payments, that could result in sale of the Property by the County Tax Collector to a third party
to satisfy delinquent property taxes; and
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WHEREAS, on April 23, 2004, notice of intent to adopt this Resolution was mailed to
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the owners of record of the Property, Thomas E. Williams and Crystal L. Williams, et al.; and
WHEREAS, on May 17, 2004, after not less than fifteen (15) days written notice to the
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owners of the Property, the Commission conducted a hearing for the purpose of affording the
owners of the Property a reasonable opportunity to appear and be heard on the matters referred
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to in Code of Civil Procedure Section 1240.030 and whether the Agency has met all other
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prerequisites for the exercise of eminent domain to acquire the Property for community
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redevelopment purposes; and
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WHEREAS, the Commission has determined as a result of such hearing on May 17,
2004, that the public health, safety and welfare require the Agency to acquire the subject
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Property for community redevelopment purposes.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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The information set forth in the above recitals of this Resolution is true
Section 1.
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and correct.
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Section 2.
The real property to be acquired under the authority of this Resolution
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(the "Property") is located in the Arden-Guthrie Implementation Area in the City of San
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Bernardino, California, and is also known as 2072 and 2095 N. Newcomb Street, San
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Bernardino, California 92404 (San Bernardino County Assessor Parcel Numbers 1191-021-18
and 1191-021-22). The Property is more particularly described in the legal descriptions
attached collectively as exhibits "A-I" and "A-2." The interest in the Property to be acquired
consists of all of the fee simple absolute title interest in the Property, and all of the right, title
and interest of each person and owner of the Property including the acquisition of each and
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every possessory interest and all easements and appurtenances to the Property.
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Section 3.
On April 23, 2004, the Agency transmitted a notice of hearing to each
2 known owner of record (Thomas E. Williams and Crystal L. Williams, et al.) 1922 Red Mill
3 Circle, Tustin, CA 92780, and copies of such notices of hearing are on file with the Agency.
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Section 4.
The Commission acknowledges receipt of the written reports and
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information relating to the implementation of the Cooperation Agreement in the Arden-Guthrie
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Implementation Area, including the preliminary discussions of the Agency staff with third
parties qualified to undertake the redevelopment of the Arden-Guthrie Implementation Area, or
portions thereof, and the appraisals of the Property, staff reports, and oral reports and
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information submitted to the Commission during the course of the hearing conducted on May
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17,2004.
Section 5.
The Commission on behalf of the Agency finds and determines that the
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hearing conducted by the Commission on this matter on May 17, 2004, was full and fair, and
that each interested person has been accorded a full and fair opportunity to present evidence and
testimony relating to assembly of land for the proposed Project Development, and the matters
described in Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and
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all interests in it, by the Authority for community redevelopment purposes by the exercise of
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Eminent Domain and other relevant matters.
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Section 6.
The Commission declares its intent to acqmre the Property for
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community redevelopment purposes in the name of the Agency in accordance with the laws of
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the State of California including the Community Redevelopment Law and Health and Safety
Code Sections 33391 and 33492.40, and pursuant to the Cooperation Agreement (the "Project").
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The Commission further finds and determines that all of the prerequisites to the exercise of
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eminent domain by the Agency with respect to such acquisition of the Property for the Project
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have been met.
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Section 7.
The Commission has found and determined that the acquisition of the
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CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, a
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finding of categorical exemption for the Project and the acquisition of the Property has been
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Section 8.
In accordance with the provisions of Code of Civil Procedure Section
4 1245.230 the Commission finds, determines and declares as follows:
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(a)
The public interest, convenience and necessity require the acquisition of the
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Property for the Project, as necessary to alleviate conditions of blight in the Arden-Guthrie
Implementation Area and to provide for the orderly redevelopment of the Property and other
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real property included in the Arden-Guthrie Implementation Area.
The assembly and
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redevelopment of the Property is necessary as the Arden-Guthrie Implementation Area displays
a number of conditions of blight, including the presence of old structures that show signs of
dilapidation and deterioration and small or substandard lot sizes within the Arden-Guthrie
Implementation Area, including the subject Property, and a diverse pattern of land ownership
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which prevent or substantially hinder the economically viable use of such real property in its
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present condition and City zoning classification. Acquisition and assembly of the Property for
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community redevelopment purposes, together with other lands already owned by the Agency in
the Arden-Guthrie Implementation Area, will foster the elimination of blight and assist with the
redevelopment of the Arden-Guthrie Implementation Area, and assist with elimination of blight
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in other lands in proximity to the Arden-Guthrie Implementation Area.
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(b)
The Project is planned or located in the manner that will be most compatible with
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the greatest public good and the least private injury in light of the fact that the real property
included in the Arden-Guthrie Implementation Area displays a number of symptoms of blight.
The Project shall also facilitate the completion of a land assembly program previously initiated
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by the Agency and foster the reuse of a developed urban area that has stagnated in recent years
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under the burdens of small lot size, diverse ownership, property tax liens, changed zoning, and
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inadequate public improvements.
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(c)
The Property described m this Resolution is necessary for Project as its
acquisition and reuse for the Project is part of a neighborhood plan to eliminate blight and
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provide for the redevelopment and improvement of the other lands owned by the Agency within
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(d)
The purchase offer required by Government Code Section 7267.2 has been
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mailed to the owners of record of the Property by the Agency, and the Agency has not been
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successful in negotiating a purchase of the Property with such owners based upon such offers of
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the Agency on terms that are acceptable to the owners of the Property. The Agency has asked
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the Commission to approve its acquisition of the Property for assembly for future
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redevelopment.
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Section 9.
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
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legal counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the
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name of the Agency such proceedings in the court having jurisdiction, as may be necessary for
the acquisition of the Property.
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(b) The sum payable by the Agency as probable compensation for the acquisition of
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the Property by eminent domain, as determined by the appraisal, shall accompany the filing of
the complaint and shall be deposited as follows: (i) with the State of California in the manner
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provided by law, or upon the recommendation of Agency special legal counsel to the County
Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be
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acquired by such condemnation proceedings, in such other manner as such interested person(s)
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may request in writing, subject to the approval of the Executive Director and special legal
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counsel to the Agency.
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The Resolution shall become effective immediately upon its adoption.
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING
THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF
REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT
PURPOSES OVER THE PROPERTY KNOWN AS 2072 AND 2095 N.
NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (APN 1191-
021-18 AND 1191-021-22) IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a j t. reg. meeting
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thereof, held on the 17th day of May
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Commission Members: Ayes Nays
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ESTRADA X
11 LONGVILLE
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12 MCGINNIS ~
13 DERRY ~
14 KELLEY ~
15 JOHNSON X
16 MC CAMMACK X
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, 2004, by the following vote to wit:
Abstain
Absent
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d/~/
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seer/,
The foregoing resolution is hereby approved this ;.bru day of May
,2004.
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J 1 Vales, Chairperson
o munity Development Commission
o the City of San Bernardino
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By:
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