HomeMy WebLinkAboutContract 52846 CITY SECRETARY
COURA.CT NO. 59,8LI b
DOE #
It
RETAINING WALL
SEPz6 2019
MAINTENANCE AGREEMENT
clryOFFORTIVOam (Lots 31-41, Block 25, Twin Mills Phase IV)
C(TYSECAETARY
THIS AGREEMENT, made and entered into this OVA day of 44-
2019 by and between D. R. Horton-Texas,Ltd., hereinafter referred to as"Landowner", the
Homeowners Association of Twin Mill Farms,Inc.,hereinafter referred to as"Association"
and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS,the Landowner is the owner of certain real property described by metes
and bounds in Exhibit "A", hereinafter called the 'Property," consisting of approximately
34.256 acres which is a portion of a called 60.967 acre tract located in B. Thomas Survey
Abstract No. 1497, Fort Worth, Tarrant County, Texas according to the deed recorded as
Instrument Number D216260272,Official Public Records,Tarrant County,Texas,by which
Landowner acquired the Property; and;
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Twin Mills Phase IV, hereinafter
called the "Plan", which is expressly made a part hereof, as approved or to be approved by
the City and the Landowner provides for the construction and maintenance of an on-site
retaining wall on a portion of the Property; and;
WHEREAS, the City requires that the on-site retaining wall be constructed and
maintained on a portion of the Property described by metes and bounds in the attached
Exhibit"B" (the "Facility Property"); and;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
RETAINING WALL MAINTENANCE AGREEMENT 1
(Lots 31-41,Block 25,Twin Mills Phase IV)
WHEREAS, the City requires that the Landowner, and its successors and assigns,
construct the on-site retaining wall according to the location and dimensions shown on the
attached Exhibit"C" (the "Facility"); and;
WHEREAS, the City requires the Association, and its successors and assigns, to
adequately maintain the Facility; and;
WHEREAS, the Landowner has constructed the Facility on the Facility Property;
and;
NOW, THEREFORE, in consideration of the foregoing premises,the mutual covenants
contained herein,and the following terms and conditions,the parties hereto agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and the
Association shall adequately maintain the on-site Facility at no expense to the
City of Fort Worth in accordance with the design specifications for the Facility,
attached as Exhibit"C", and the current standards then in force and effect in the
City of Fort Worth. Adequate maintenance is herein defined as good working
condition so that the Facility is performing its design function.
2. The Association, its successors and assigns, shall inspect the Facility and submit
an inspection report to the City annually. The purpose of the inspection is to
assure proper functioning of the Facility. The inspection shall cover the entire
Facility. Components of the Facility which need maintenance or replacement to
perform their design function shall be noted in the inspection report along with
the corrective actions to be taken.
3. The Association,its successors and assigns,hereby grants permission to the City,
its authorized agents and employees, to enter upon the Facility Property and to
inspect the Facility whenever the City deems necessary. The purpose of
inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The City shall provide the Association, its successors and assigns,
RETAINING WALL MAINTENANCE AGREEMENT 2
(Lots 31-41,Block 25,Twin Mills Phase 1V)
copies of the inspection findings and a directive to commence with the repairs if
necessary.
4. In the event the Association, its successors and assigns, fails to maintain the
Facility in good working condition acceptable to the City,the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Association, its successors and assigns.
It is expressly understood and agreed that the City is under no obligation to
routinely maintain or repair said Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City, such
obligation is the Association's.
5. The Association, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor,use of equipment, supplies,materials,and
the like, the Association, its successors and assigns, shall reimburse the City
upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that the Association, or its
successors or assigns fail to pay the City for the costs incurred under this section,
the City shall impress a lien for the costs of such work upon other lots owned by
the Association. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to this
Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND
AGREES AND DOES HEREBY INDEMNIFY,HOLD HARMLESS,AND
DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS
AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
RETAINING WALL MAINTENANCE AGREEMENT 3
(Lots 31-41,Block 25,Twin Mills Phase IV)
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF THE ASSOCIATION OR ANY FUTURE OWNERS OF
THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE
RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A
RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY
DUE TO(1)EROSION OF THE SOIL BELOW THE RETAINING WALL
AND ITS FOOTING, AND (2) AND FAILURE OF THE RETAINING
WALL AND ITS FOOTING TO OPERATE IN A MANNER
CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO
PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER.
7. This Agreement shall be recorded among the land records of Tarrant County,
Texas,and shall constitute a covenant running with the land,and shall be binding
on the Association, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
[INTENTIONALLY LEFT BLANK. SIGNED ON NEXT PAGE]
RETAINING WALL MAINTENANCE AGREEMENT 4
(Lots 3141,Block 25,Twin Mills Phase IV)
Executed this Ifti day of 2019.
Landowner C
D.R. Horton-Texas, Ltd., City of Fort Worth
a Texas Limited Partnership
By: D.R. Horton, Inc.,
a Delaware Corporation,
its Authorized Agent
r /
By: Benjamin'N4. Clark, 45�. Cjriz��
Assistant Vice President Assistant City Manager
A roved as to Form and Legali
Association
Homeowners Association of Twin Mill
Farms,Inc., a Texas property owners Assist
association
ATTEST y,
enjamin M. Clark
Authorized Representative pursuant to
assignment recorded as Doc. No.
D216257713, Tarrant County Records
(Aty Se'crer
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH T
RETAINING WALL MAINTENANCE AGREEMENT
(Lots 31-41,Block 25,Twin Mills Phase IV)
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me o 2019 by
���. �, assistant City Manager of the City of ort&n4�
, behalf o the City of
Fort Worth.
.PP°.F.... MAP.IA SANCHEZ
►y Ncatary!D #2258490
. .r q bar i9,2021 of Public, State of Texas
f OF tt�`•
Expires Decemb
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on c]p b,(f� �� 2019
by Benjamin M. Clark, Assistant Vice President of D. R. Horton, inc_, a Delaware
corporation, acting on behalf of said corporation in its capacity as authorized agent for D.
R. Horton - Texas, Ltd., a Texas limited partnership, acting on behalf of the limited
partnership.
'y SHERRI A TAYLOR • // , /
Notary ID# 5212156
My Commission Expires Notary Public, State of Texas
June 1,2020
ft OF
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �G �.� 2019 by
Benjamin M.Clark,authorized representative,acting on behalf of Homeowners Association
of Twin Mill Farms, Inc.
'`WrP"4r SHERRI A TAYLOR
Notary ID# 5212156 Notary Public, State of TeyQ
My Commission Expires
s a tE*y June 1, 2020
OFFICIAL RECORD
CITY SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT FT. 9p OR�ogs,TX
(Lots 31-41,Block 25,Twin Mills Phase IV)
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Ashraf Ibrahim
Management Analyst II
®FFIGAL RECORD,
CITY SECRETARY
FT. WORTH,T
EXHIBIT "A"
LEGAL DESCRIPTION
All of that certain lot,tract, or parcel of land, being part of the B. Thomas Survey, Abstract No.
1497, situated in the City of Fort Worth, Tarrant County, Texas and being part of that certain
called 60.993 acre tract of land described in a deed to D. R. Horton - Texas, Ltd recorded in
Instrument No. D216260272 of the Deed Records of Tarrant County, Texas (DRTCT), and being
more completely described as follows, to-wit:
BEGINNING at a 1/2" capped iron rod found stamped"MOAK" for the most easterly Southeast
corner of said 60.993 acre tract, in the West right-of-way line of Old Decatur Road, and being
the Northeast corner of Twin Mills Addition recorded in Cabinet A, Slide 9923 of the Plat
Records of Tarrant County, Texas (PRTCT), said point being a Point of Curvature of a circular
curve to the left, having a radius of 960.00 feet, a central angle of 2 deg. 08 min. 36 sec., and
being subtended by a chord which bears South 73 deg. 22 min. 10 sec. West - 35.91 feet;
THENCE in a westerly direction departing said West right-of-way line and continue along the
South line of said 60.993 acre tract and the North line of said Twin Mills Addition the following
twenty-eight(28) courses;
Continue in a westerly direction along said curve to the left, a distance of 35.91
feet to a point for corner from which a 1/2" capped iron rod found "illegible"
bears North 00 deg. 12 min. 45 sec. West - 0.41 feet, said point being a point of
cusp on a circular curve to the left,having a radius of 600.00 feet, a central angle
of 6 deg. 50 min. 08 sec., and being subtended by a chord which bears South 71
deg. 01 min. 23 sec. West- 71.54 feet;
Continue in a westerly direction along said curve to the left, a distance of 71.58
feet to a 1/2" capped iron rod found stamped"MOAK", said point being a Point
of Curvature of a reverse circular curve to the right, having a radius of 350.00
feet, a central angle of 21 deg. 50 min. 22 sec., and being subtended by a chord
which bears South 78 deg. 31 min. 30 sec. West - 132.60 feet;
Continue in a westerly direction along said curve to the right, a distance of 133.41
feet to a 1/2" capped iron rod found stamped "MOAK";
South 89 deg. 26 min. 41 sec. West tangent to said curve, a distance of 19.56 feet
to an"X" cut found;
North 00 deg. 33 min. 19 sec. West, a distance of 52.89 feet to a 1/2" capped iron
rod found stamped"MOAK", said point being a Point of Curvature of a circular
curve to the left,having a radius of 225.00 feet, a central angle of 4 deg. 01 min.
52 sec., and being subtended by a chord which bears North 02 deg. 34 min. 15
sec. West- 15.83 feet;
Continue in a northerly direction along said curve to the left, a distance of 15.83
feet to a 1/2" capped iron rod found stamped "MOAK";
Pagel of 5
EA10715-Twin Miils\COGO\FPLAT\PHASE 4\PH4 FPLAT LGL.docx
South 85 deg. 24 min. 49 sec. West radial to said curve, a distance of 50.00 feet to
a 1/2" capped iron rod set stamped "GOODWIN & MARSHALL", herein after
referred to as 1/2" capped iron rod set;
South 03 deg. 52 min. 13 sec. East, a distance of 4.37 feet to a 1/2" capped iron
rod set;
South 86 deg. 50 min. 45 sec. West, a distance of 104.93 feet to a 1/2" capped
iron rod set;
North 41 deg. 36 min. 08 sec. West, a distance of 40.00 feet to a 1/2" capped iron
rod found "illegible";
South 48 deg. 23 min. 52 sec. West, a distance of 105.00 feet to a 1/2" capped
iron rod found stamped "BISON CREEK";
North 41 deg. 36 min. 08 sec. West, a distance of 23.19 feet to a 1/2" capped iron
rod set;
South 48 deg. 23 min. 52 sec. West, a distance of 50.00 feet to a 1/2" capped iron
rod set;
South 41 deg. 36 min. 08 sec. East, a distance of 5.00 feet to a 1/2" capped iron
rod found stamped"BISON CREEK";
South 48 deg. 23 min. 52 sec. West, a distance of 105.00 feet to a 1/2" capped
iron rod found stamped "MOAK";
North 41 deg. 36 min. 08 sec. West, a distance of 15.14 feet to a 1/2" iron rod
found;
South 48 deg. 23 min. 52 sec. West, a distance of 105.00 feet to a 1/2" capped
iron rod set;
North 41 deg. 36 min. 08 sec. West, a distance of 13.63 feet to a 1/2" capped iron
rod set stamped "GOODWIN & MARSHALL';
South 48 deg. 23 min. 52 sec. West, a distance of 50.00 feet to a 1/2" capped iron
rod set;
South 41 deg. 36 min. 08 sec. East, a distance of 5.00 feet to a 1/2" capped iron
rod found stamped"MOAK";
South 61 deg. 24 min. 08 sec. West, a distance of 114.72 feet to a 1/2" capped
iron rod set;
Page 2 of 5
E:\10715-Twin Mills\COGO\FPLAT\PHASE 4\PH4 FPLAT LGL.docx
South 37 deg. 23 min. 15 sec. East, a distance of 82.97 feet to a 1/2" capped iron
rod set;
South 20 deg. 20 min. 54 sec. East, a distance of 216.91 feet to a 1/2" capped iron
rod found stamped "MOAK";
South 61 deg. 24 min. 08 sec. West, a distance of 14.02 feet to a 1/2" capped iron
rod set;
South 28 deg. 35 min. 52 sec. East, a distance of 50.00 feet to a 1/2" capped iron
rod set;
North 61 deg. 24 min. 08 sec. East, a distance of 5.00 feet to a 1/2" capped iron
rod found stamped "MOAK";
South 45 deg. 16 min. 35 sec. East, a distance of 109.61 feet to a 1/2" capped iron
rod found "illegible";
South 61 deg. 24 min. 08 sec. West, a distance of 592.59 feet to a 1/2" iron rod
found for the most southerly corner of said 60.993 acre tract, the most westerly
Northwest corner of said Twin Mills Addition and being in the East line of Twin
Mills Phase 1 recorded in Volume 388-189, Page 88 (PRTCT);
THENCE North 28 deg. 35 min. 22 sec. West along a Southwest line of said 60.993 acre tract
and the East line of said Twin Mills Phase 1, a distance of 300.97 feet to a 1/2" capped iron rod
found "illegible" for the Northeast corner of said Twin Mills Phase 1 and being in the South line
of Twin Mills Addition recorded in Cabinet A, Slide 9889 (PRTCT);
THENCE North 61 deg. 24 min. 36 sec. East along a Southwest line of said 60.993 acre tract and
the South line of said Twin Mills Addition, a distance of 23.17 feet to a 1/2" iron rod found for
the Southeast corner of said Twin Mills Addition;
THENCE in a northwesterly direction along a Southwest line of said 60.993 acre tract and the
East line of said Twin Mills Addition the following six (6) courses;
North 28 deg. 40 min. 14 sec. West, a distance of 104.49 feet to a 1/2" iron rod
found;
North 61 deg. 19 min. 46 sec. East, a distance of 16.50 feet to a 1/2" capped iron
rod set;
North 27 deg. 57 min. 32 sec. West, a distance of 50.00 feet to a 1/2" capped iron
rod set;
South 61 deg. 19 min. 46 sec. West, a distance of 5.00 feet to a 1/2" capped iron
rod set;
Page 3 of 5
E:\10715-Twin Mills\COGO\FPLAT\PHASE 4\PH4 PLAT LGL.docx
North 27 deg. 57 min. 32 sec. West, a distance of 282.44 feet to a 1/2" iron rod
found, said point being a Point of Curvature of a circular curve to the right,
having a radius of 1464.96 feet, a central angle of 3 deg. 17 min. 12 sec., and
being subtended by a chord which bears North 26 deg. 18 min. 56 sec. West -
84.02 feet;
Continue in a northwesterly direction along said curve to the right, a distance of
84.03 feet to a 1/2" capped iron rod found stamped"MOAK" for the Northeast
corner of said Twin Mills Addition and being an ell corner of said 60.993 acre
tract;
THENCE North 23 deg. 53 min. 50 sec. West departing the South line of said 60.993 acre tract
and the North line of said Twin Mills Addition, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 21 deg. 37 min. 16 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 19 deg. 35 min. 47 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 17 deg. 34 min. 18 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 15 deg. 32 min. 48 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 13 deg. 31 min. 19 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 11 deg. 29 min. 50 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 09 deg. 28 min. 20 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 07 deg. 26 min. 51 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 05 deg. 25 min. 22 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
THENCE North 03 deg. 23 min. 52 sec. West, a distance of 51.77 feet to a 1/2" capped iron rod
set;
Page 4 of 5
E:\10715-Twin Mills\COGO\FPLAT\PHASE 4\PH4 FPLAT LGL.docx
THENCE North 00 deg. 33 min. 41 sec. West, a distance of 222.92 feet to a 1/2" capped iron rod
set in the North line of said 60.993 acre tract and being in the South right-of-way line of Park
Drive (35' right-of-way width) as shown in the Final Plat of North Fork Estates recorded in
Cabinet A, Slide 3807 (PRTCT);
THENCE North 89 deg. 26 min. 19 sec. East along said North line and South right-of-way line, a
distance of 1509.41 feet to a P.K. nail set with washer stamped"GOODWIN& MARSHALL"
for the Northeast corner of said 60.993 acre tract, said point being in Old Decatur Road;
THENCE South 18 deg. 19 min. 16 sec. East along the East line of aid 60.993 acre tract, a
distance of 286.35 feet to a P.K. nail set with washer stamped "GOODWIN & MARSHALL" for
an ell corner of said 60.993 acre tract;
THENCE South 71 deg. 44 min. 03 sec. West along said East line, a distance of 33.83 feet to a
1/2" capped iron rod set;
THENCE South 18 deg. 21 min. 08 sec. East along said East line, a distance of 309.65 feet to the
POINT OF BEGINNING, containing 1,492,203 square feet or 34.256 acres of land, more or less.
g'��6T.SrE,9�•;9S
.... .. ....:..
JOHN N. ROGERS
•,.c� fi972�Q.�:
Page 5 of 5
E:\10715-Twin Mills\COGO\FPLAT\PHASE 4\PH4 FPLAT LGL.docx
G OODWIN o CIVIL ENGINEERS - PLANNERS - SURVEYORS
MARSHALL
EXHIBIT "B"
LEGAL DESCRIPTION FOR
4' WALL MAINTENANCE EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the Benjamin Thomas
Survey, Abstract No. 1497, City of Fort Worth, Tarrant County, Texas, being part of that
certain called 60.993 acre tract described in a deed to D. R. Horton - Texas, Ltd.
recorded in Instrument No. D216260272 of the Deed Records of Tarrant County, Texas
(DRTCT), and being more completely described as follows, to-wit:
COMMENCING at a 1/2" capped iron rod found "illegible" for the Northeast corner of Lot
25, Block 25 and being in the Southwest line of Lot 29, block 25 of Twin Mills Addition
recorded in Cabinet A, Slide 9923 of the Plat Records of Tarrant
County, Texas (PRTCT) and being an ell corner of said 60.993 acre tract, from which
a 1/2" capped iron rod found stamped "MOAK" for the Northeast corner of
Lot 30, Block 25 of said Twin Mills Addition bears
North 45 deg. 16 min. 35 sec. West - 109.61 feet and from which a 1/2" iron rod found
for the Northwest corner of Lot 13, Block 25 of said Twin Mills Addition and being the
most southerly corner of said 60.993 acre tract bears South 61 deg. 24 min. 8 sec. West -
592.59 feet;
THENCE North 45 deg. 16 min. 35 sec. West along southerly line of said 60.993 acre tract
and the Southwest line of said Lot 29, Block 25, a distance of 6.26 feet to the TRUE POINT
OF BEGINNING;
THENCE South 61 deg. 24 min. 8 sec. West departing said South lines, a distance of
584.79 feet;
THENCE North 28 deg. 35 min. 22 sec. West, a distance of 124.20 feet;
THENCE North 61 deg. 24 min. 38 sec. East, a distance of 4.00 feet;
THENCE South 28 deg. 35 min. 22 sec. East, a distance of 120.20 feet;
THENCE North 61 deg. 24 min. 8 sec. East, a distance of 579.59 feet to a South line of
said 60.993 acre tract and the Southwest line of said Lot 29, Block 25;
THENCE South 45 deg. 16 min. 35 sec. East along said South
lines, a distance of 4.18 feet to the POINT OF BEGINNING,
containing 2,818 square feet or 0.065 acres of land, more or less. e r
Bearings are referenced to Texas State Plane Coordinate e``G Rya
System, North Central Zone (4202), North American Datum of JOHN N.ROGERS
1983 as derived from GPS observation. sail P:
o,,Es S\O1
Exhibit map attached and made a part hereof. 41osuRvV40
��T.L�ZoIS
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TEXAS•2405 Mustang Drive•Grapevine,TX 76051 •811.329.4313 •TBPLS#10021700 TENNESSEE•6074 Apple Tree Drive • Memphis,TN 38115 •901.881.9188
ARIZO14A•2105 South Alma School Road,Suite 2 •OwAr,Al 85286 •602,218.7285 COLORADO • 8400 E. Prentice Ave. •Greenwood Village, (0 80111 •303.459.4861
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LINE TABLE
(� LINE # BEARING DISTANCE
IIPA\ L1 N45016'35"W 6.26 L2 N61°24'38"E 4.00
L3 S45016'35"E 4.18
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EXHIBIT"B" MAP SHOWING FROM GPS OBSERVATION. 3
4' WALL MAINTENANCE EASEMENT, W
SITUATED IN A PORTION OF THE W
to
BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497 W
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS OF r
�P s rq
�OO�WIN a Job No.: 10715 Scale: 1"=60' Sheet y: G' RFo`�
MARSHALL Drafted: L.J.C. Checked: J.N.R. JOHN N.ROGERS
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EXHIBIT "B" MAP SHOWING FROM GPS OBSERVATION. 3
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SITUATED IN A PORTION OF THE w
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