HomeMy WebLinkAbout1986-010451108
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RESOLUTION NUMBER 86 - 10
WHEREAS, the Board of County Commissioners of Indian River County
has determined that the construction of a southerly extension to Indian
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River Boulevard including improvements to connecting roadways such as
Twelfth Street and Sixth Avenue is necessary to relieve traffic
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congestion along the U.S. 1 corridor; and
WHEREAS, the Indian River County Public Works Division, in
conjunction with private consultants, has prepared plans for the
construction and the paving and drainage improvements necessary to
complete the southerly extension of Indian River Boulevard and easterly
extension of Twelfth Street; and
WHEREAS, Nathan Tanen, individually and as Trustee and Melvin W.
Tanen, individually and as Trustee, are the owners of approximately 65
acres of property (said land being legally described in Exhibit "A"
attached hereto) through which a portion of the proposed southerly
extension of Indian River Boulevard and easterly extension of Twelfth
Street shall pass; and
WHEREAS, the property owned by Nathan Tanen, individually and as
Trustee and Melvin W. Tanen, individually and as Trustee, pursuant to the
Comprehensive Land Use Plan of Indian River County has a land use
designation of MD -2, medium density residential (up to ten units/acre)
except for approximately 2.1 acres which are environmentally sensitive
(up to one unit per acre); and
WHEREAS, Nathan Tanen, individually and as Trustee and Melvin W.
Tanen, individually and as Trustee, have indicated their intention to
apply for zoning consistent with the Comprehensive Land (Ise Plan as to
some 45 acres of the aforesaid property; and
WHEREAS, the Board of County Commissioners of Indian River County
recognizes that the County would have to purchase from Nathati Tanen,
individually and as Trustee and Melvin W. Tanen, individually and as
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Trustee, the property needed for the riqht-of-way or institute
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proceedings to acquire the property needed by the County for the Indian
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River Boulevard, easterly extension of Twelfth Street and improvements
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along Sixth Avenue which would also reouire y
payment h the County of the
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fair market value of the property; and
Wim'
This doe11111eat
was Prepared by
ti11d 8101,141 bo 1-vttll•.ued
to
Rile Counly Atto1-11ty,s Office
11340 25111 St., Vero 13Eac1, ,
Florida 32960
NOW, THEREFORE, be it resolved by the Board of County Commissioners
of Indian River County, Florida that:
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j 1. Indian River County hereby accepts the donation and dedication
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of land for the southerly extension of Indian River Boulevard, easterly
! extension of Twelfth Street and improvements along Sixth Avenue, from
• i Nathan Tanen, individually and as Trustee and Melvin W. Tanen,
individually and as Trustee, said land being more fully described in
Exhibit "B" attached hereto.
2. Indian River County confirms and stipulates that the land
described herein as Exhibit "B" which is to be contributed to the county
is subject to Indian River County Code of Laws and ordinances,
Appendix A, Zoning Section 23.3(d)(1)(c) and the provisions of said law
as of the date hereof shall apply to the property described in
Exhibit "B" and Exhibit "A".
3. Indian River County agrees not to assess any of the initial
costs of paving, drainage and pedestrian and related improvements to
Indian River Boulevard, Twelfth Street and Sixth Avenue against Nathan
Tanen, individually and as Trustee and Melvin W. Tanen, individually and
as Trustee, or to their successors or assians.
4. That the deed from Nathan Tanen and Melvin W. Tanen shall
provide that if the construction of paving and drainage improvements to
the southerly extension of Indian River Boulevard and easterly extension
of Twelfth Street are not heoun within five Years from the date
hereinafter set forth, then ownership of the property described herein
shall. revert to Nathan Tanen, individually and as Trustee and Melvin W.
Tanen, individually and as Trustee, or their successors or assigns.
5. Indian River County will oversize the proposed Indian River
Boulevard sewer line to the Vero Beach Waste Water Treatment Plant to
accomodate the property described in Exhibit "A" as zoned and in
accordance with Zoninq Section 23.3(d)(1)(c). The county will also
raauest the City of Vero Beach to increase the waste water allocation to
serve the properties described in Exhibit "A". Although sewer impact
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fees would still he required, line extension fees would not be necessary.
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6. Indian River County agrees that in the construction of the
road, a positive drainage outfall will be provided for drainage overflow
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purposes to serve the property described in Exhibit "A" as well as all
other property along the proposed Indian River Boulevard. The roadway
has been designed to meet the State of Florida DER Water Quality Criteria
established by Florida Administrative Code, Chapter 17-3. The resulting
drainage swale system will be available to channel the overflow generated
from abutting property exceeding the 10 vear, 24 hour storm event. The
design for road drainage should not restrict or impede the existing
drainage but will allow for the overflow from adjacent properties and
should improve the drainage.
7. Primary or secondary access to the property described in
Exhibit "A" from the Indian River Boulevard extension will be provided.
Primary access to the property described in Exhibit "All will also be
permitted along Sixth Avenue and Twelfth Street.
The foregoinq resolution was offered by Commissioner Wodtke who
moves its adoption. The Motion was seconded by Commissioner Lyons
and upon being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr.
Aye
Vice -Chairman Patrick B. Lyons
Aye
Commissioner Richard N. Bird
Aye
Commissioner Margaret C. Bowman
Aye
Commissioner William C. Wodtke, Jr.
Aye
The Chairman thereupon declared the Resolution duly passed and
adopted this St h day of M ar c h , 1986.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By: /
ATTEST:;
45
Fredar• SP i , er,< o the Boar
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APPROVED as to form and legal sufficiency. cv
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County Attorney"',
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EXHIBIT "A"
The South 15 acres of Government Lot 3 and the North 30 acres
of Government Lot 6, lying in Section 7, Township 33 South,
Range 40 East, Indian Fiver County, Florida.
and
The South one-half of the Southeast one-quarter of the
Northeast one-quarter of Section 12, Township 33 South,
Range 40 East, Indian River County, Florida.
EXHIBIT "A"
6TH AVENUE
PARCEL NO. 115 (Not Shown on R/W Maps)
PARENT DEED -- NATHAN TANNEN AND MELVIN W. TANNEN, As Trustees
ORB 0385, PAGE 0737
`Phe following described parcel of land lying in Section 12, Township 33 South,
Range 39 East, Indian River County, Florida more particularly described as follows,
to wit:
That portion of Parcel A and Parcel E as recorded in 0R13, 0385, Page 0737,
Public Records of Indian River County, Florida, more particularly described
as follows::
Parcel A: N Ii of SW A of SE 1 of NE 1, less the West 35 feet thereof,
of Section 12, Township 33 South, Range 39 East. .
Parcel 13: S Ii of the S ) of the SE 1 of the NE 1, less the {Vest 35 feet,
of-'�tion 12, Township 33 South, Range 39 East.
,chat lies within the following described road Right -of -Way:
All that part of the above described parcels lying West of the line which
lies 50 feet East of and parallel with the West line of the Southeast
One -Quarter of the Northeast One -Quarter of Section 12, Township 33
South, Range 39 East, Indian River County, Florida.
Containing 8,678 Sq. Ft., more or less.
Page 1 of 10 - EXHIBIT "B"
Oct., 1904, Revised Nov., 1984
Jeb No. 4395.01-05
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INDIAN RIVER BOULEVARD
PARCEL NO. 119.0
PARENT DEED - MELVIN W. TANEN AND NATHAN TANEN, AS TRUSTEES
O.R.B. 396 PG 225
The following described parcel of land lying in Section 7, Township 33 South, Range
40 East, Indian River County, Florida more particularly described as follows, to
wit:
That portion of the following described parcel as recorded in ORB, 0396,
Page 0225, Public Records of Indian River County, Florida:
The South 15 Acres of the North 30 Acres of Government Lot 6 of
Seetion 7, Township 33 South, Range 40 East, Indian River County,
Florida.
That lies within the following described road Right -of -Way:
A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
East, all in Indian River County, Florida, lying 75.00 feet on each side of the
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 in
said Section 7 with the Southerly terminus of the centerline of an existing
Right of Way 200.00 feet wide, as described in Official Record Book 110,
Page 204 Public Records of Indian River County; thence N 89013138" W along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01051105" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of .954.93 feet; thence
So8thwesterly along the are of said curve throggh a central angle of
33 20122" a distance of 555.66 feet; thence S 31 29117" W a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Sguthwesterly along the are of said
curve through a central angle of 31 00100" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measured at right angles, the Westerly line of said Section 7;
thence S 00029117" W along said parallel line, a distance of 979.31. feet
to the beginning of a curve concave to the Northwest having a radius of
2291.83 feet; thence Southerly along the are of said curve through a
central angle of 08°52'18", a distance of 354.87 feet; thence S 09°21'35"
W a distance of 319.85Feet to the Northerly line of said Section 13;
thence continuing S 0992113511 W a distance of 310.88 feet to the
beginning of a curve concave to the Southeast having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 08041115" a distance of 347.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
measured at right angles, the East line of said Section 13; thence
S 00040120" W along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence Southwesterly along the arc of said curve throu�h a central
angle of 86°14'44", a distance of 862.46 feet; thence S 86V2 1V a
Sept 1984, Revised Nov. 1984
Joy No. 4395.01-05 Page 2 of 10 - Exhibit "B"
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distance of 141.61 feet to the Easterly Right of Way of U. S. highway
No. 1 (State Road No. 5) as shown on Right of Way map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. highway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 79,173 Sy. Ft., more or less.
Page 3 of 10 , Exhibit "B'l
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
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INDIAN RIVER BOULEVARD
PARCEL NO. 120.0
PARENT DEED - MELVIN W. TANEN AND NATHAN TANEN, AS TRUSTEES
O.R.B 385 PG. 737
The following described parcel of land lying in Section 7, Township 33 South, Range
40 East, Indian River County, Florida more particularly described as follows, to
wit:
That portion of the following described parcel as recorded in ORB, 0385,
Page 0737, Public Records of Indian River County, Florida:
Parcel E: The North 15 Acres of Government Lot 6, Section 7,
Township 33 South, Range 40 Fast, Indian River County, Florida.
That lies within the following described road Right -of -Way:
A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
Fast, all in Indian River County, Florida, lying 75.00 feet on each side of the
following described centerline:
Commencing at the intersection of the South line of Government Lot 2 In
said Section 7 with the Southerly terminus of the centerline of an existing
Right of Way 200.00 feet wide, as described in Official Record Book 110,
Page 204 Public Records of Indian River County; thence N 89013'38" W along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01051105" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
Sogthwesterly along the arc of said curve through a central angle of
33 2017.211 a distance of 555.66 feet; thence S 31029117" 1V a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Southwesterly along the are of said
curve through a central angle of 31000,00" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measured at right angles, the Westerly line of said Section 7;
thence S 00029117" W along said parallel line, a distance of 979.31 feet
to the beginning of a curve concave to the Northwest having a radius of
2291.83 feet; thencde Southerly along the are of said curve thrgugh a
central angle of 08 5211811, a distance of 354.87 feet; thence S 09 21,35"
1V a distance of 319.85 Leet to the Northerly line of said Section 13;
then3e continuing S 09 21135" W a distance of 310.88 feet to the
beginning of a curve concave to the Southeast having a radius of
2291.83 feet; thence Southerly along the are of said curve through a
central angle of 08041115" a distance of 347.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
measured at right angles, the Bast line of said Section 13; thence
S 00 40120" W along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence ° Southwesterly along the arc of said curve through a central
angle of 8601414411, a distance of 862.46 feet; thence S 86 55104" W a
distance of 141.61 feet to the Easterly Right of Way of U. S. Highway
Sept 1984, Revised Nov. 1984 Page 4 of 10 - Exhibit "B"
Sob No. 4395.01-05
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No. 1 (State Road No. 5) as shown on Right of Way map for Section No.
88010-2206, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. Highway No. 1
and to teminnte Northerly at said South line of Government Lot 2 in
said Section 7
Containing 87,492 Sq. Ft., more or less.
Page 5 of 10 Exhibit "B°
Sept 1984, Revised Nov. 1984
Job No. 4395.01-05
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INDIAN RIVER BOULEVARD
PARCEL NO. 121.0
PARENT DEED - MELVIN W. TAKEN AND NATHAN TAKEN, A3 TRUSTEES
O.R.B. 385 PG. 737
The following described parcel of land lying in Section 7, Township 33 South, Range
40 East, Indian River County, Florida more particularly described as follows, to
wit:
That portion of the following described parcel as recorded in ORB, 0385,
Page 0737, Public Records of Indian River County, Florida:
Parcel D: The South 15 Acres of Government Lot 3, Section 7,
Township 33 South, Range 40 East, Indian River County, Florida.
That lies within the following described road Right -of -Way:
A strip of land 150.00 feet in width lying in Sections 12 and 13, Township 33
South, Range 39 East and Sections 7 and 18, Township 33 South, Range 40
East, all in Indian River County, Florida, lying 75.00 feet on each side of the
following described centerline:
Commencing at the inter3ection of the South line of Government Lot 2 in
said Section 7 with the Southerly terminus of the centerline of an existing
Right of Way 200.00 feet wide, as described in Official Record Book 110,
Page 204 Public Records of Indian River County; thence N 89013138" W along
said South line, a distance of 10.01 feet to the POINT OF BEGINNING;
Thence S 01051'05" E a distance of 512.76 feet to the beginning of a
curve concave to the Northwest having a radius of 954.93 feet; thence
So8thwesterly along the are of said curve throggh a central angle of
33 20122" a distance of 555.66 feet; thence S 31 29117" W a distance of
940.00 feet to the beginning of a curve concave to the Southeast having
a radius of 954.93 feet; thence Sguthwesterly along the arc of said
curve through a central angle of 31 00100" a distance of 516.67 feet to
its point of tangency with a line parallel with and 75.00 feet Easterly
of, as measgred at right angles, the Westerly line of said Section 7;
thence S 00 29117" W along said parallel line, a distance of 979.31 feet
to the beginning of a curve concave to the Northwest having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 0805211911, a distance of 354.87 feet; thence S 09021135"
W a distance of 319.85 feet to the Northerly line of said Section 13;
thence continuing S 09021135" W a distance of 310.88 feet to the
beginning of a curve concave to the Southeast having a radius of
2291.83 feet; thence Southerly along the arc of said curve through a
central angle of 08041115" a distance of 347.50 feet to its point of
tangency with a line parallel with and 75.00 feet Westerly of, as
meagured at right angles, the East line of said Section 13; thence
S 00 40120" W along said parallel line a distance of 1371.23 feet to the
beginning of a curve concave to the Northwest having a radius of 572.96
feet; thence Southwesterly along the arc of said curve through a central
angle of 86014'44", a distance of 862.46 feet; thence S 86V1 W a
distance of 141.61 feet to the Easterly Right of Way of U. S. Highway
Sept 1984, Revised Nov. 1984 Exhibit: "B" (page 6 of 10)
Job No. 4395.01-05
No. i (State Road No. 5) as shown on Right of Way map for Seetion No.
88010-2200, Sheet 2, dated April 1952, revised 8-21-57.
The sidelines of said strip are to be prolonged or shortened to terminate
Westerly at said Easterly Right of Way line of said U. S. Highway No. 1
and to teminate Northerly at said South line of Government Lot 2 in
said Section 7
Containing 85,398 Sq. Pt., more or less.
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Exhibit "B14 (page 7 of 1.0)
Sept 1984, Revised Nov. 1984
Job No. 4395.01--05
12th STREET
PARCEL NO. 125
PARENT DEED - NATHAN TANNEN AND MELVIN W. TANNEN, AS TRUSTEE
ORB 0385, PAGE 0737
The following described parcel of land lying in Section 7, Township 33 South, Range
40 East, Indian River County, Florida more particularly described as follows, to
wit:
That portion of the following described parcel D as recorded in ORB, 0385,
Page 0737, Public Records of Indian River County, Florida:
Parcel D: The South 15 acres of Government Lot 3, of said Section 7.
That lies within the following described road Right -of -Way:
BEGIN at the West i section corner of said Section 7, being also the
East I section corner of Section 12, Township 33 South, Range 39 East,
Indian River County, Florida; Thence N o0°14'37" E along the range line
a distance of 81.50 feet; thence S 89044119" E a distance of 152.90 feet
to the beginning of a curve concave to the Southwest, having a radius of
456.50 feet; thence Easterly along the are of gaid curve a distance of
248.80 feet, th5pugh a central angle oof 31 13'36", having a chord
bearing of S 74 07131" E; thence N 64 26137" W, nontangent to said
curve, a distance of 89.38 feet to the Westerly Right -of -Way of
proposed Indian River Boulevard; thence S 31 29117" W aong said
proposed Right -of -Way a distance of 216.50 feet; thence N 13 30143" W
a distance of 35.36 feet; thence N 58030143" W a distance of 23.62 feet
to the beginning of a curve concave to the Southwest, having a radius of
340.00 feet; thence Northwesterly along the are of said curve a
distance of 185.30 feet through a central angle of 31°13'36"; thence
N 89.44'19" W a distance of 153.01 feet to said range line; thence
N 00°29'17" E along said range line a distance of 35.00 feet to the
POINT OF BEGINNING.
Containing 28,601 Sq. Ft., more or less.
Exhibit "B" (page 8 of 10)
Oct., 1984, Revised Nov., 1984
Job No. 4395.01-05
12th STREET
PARCEL NO. 126
PARENT DEED - NATHAN TANNEN AND MELVIN W. TANNEN, AS TRUSTEE
ORB 0385, PAGE 0737
The following described parcel of land lying in Section 7, Township 33 South, Range
40 East, Indian River County, Florida more particularly described as follows, to
wit:
That portion of the following described parcel D as recorded in ORB, 0385,
Page 0737, Public Records of Indian River County, Florida:
Parcel E: The North 15 acres of Government Lot 6 of said Section 7.
That lies within the following described road Right -of -Way:
BEGIN at the West i section corner of said Section 7, being also the
East I section corner of Section 12, Township 33 South, Range 39 East,
Indian River County, Florida; Thence N oo°14'37" E along the range line
a distance of 81.50 feet; thence S 89°44'19" E a distance of 152.90 feet
to the beginning of a curve concave to the Southwest, having a radius of
456.50 feet; thence Easterly along the are of gaid curve a distance of
248.80 feet, through a central angle of 31 1313611, having a chord
bearing of S 74 07131" E; thence N 64°26'37" W, nontangent to said
curve, a distance of 89.38 feet to the Westerly Right -of -Way of
proposed Indian River Boulevard; thence S 31 29117" W abong said
proposed Right -of -Way a distance of 316.50 feet; thence N 13 30143" W
a distance of 35.36 feet; thence N 58 30143" 1V a distance of 23.62 feet
to the beginning of a curve concave to the Southwest, having a radius of
340.00 feet; thence Northwesterly along the arc of said curve a
distagee of 185.30 feet through a central angle of 31°13'36"; thence
N 89 44119" W a distance of 153.01 feet to said range line; thence
N 00 29117" E along said range line a distance of 35.00 feet to the
POINT OF BEGINNING.
Containing 22,299 Sq. Ft., more or less.
Exhibit "B'I (page 9 of 10)
Oct., 1984
Job No. 4395.01-05
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12th STREET
PARCEL NO. 127
PARENT DEED - NA771AN TANNEN AND MELVIN W. TANNEN, AS TRUSTEE
ORB 0385, PAGE 0737
y.
The following described parcel of land lying in Rection 12, Township 33 South,
Range 39 East, Indian River County, Florida more particularly described as follows,
to wit:
That portion of the following described parcel B as recorded in ORB, 0385,
Page 0737, Public Records of Indian River County, Florida:
Parcel li: The South I of the South i of the Southeast I of the
Northeast , less the West 35 feet, of said Section 12. �7
That lies within the following described road Right -of -Way: '!+
BEGIN at a Jill iron pipe marking the East corner of said Section 12
thence N 89 44119" W along the East-West k section line of said section
a distance of 1318.99 feet to a railroad spike marking the Southwest
corner of the Southeast I of the Northeast I of said Section 12• thence
N 0036'13" E along the West line of said Southeast I of the Northeast
I a distance of 81.50 feet; thence S 89044119" E parellel with said East-
West 3 section line a distance of 1318.47 feet; to the East line of said
Section 12; thence S 00614137" W a distance of 81.50 feet to the POINT
OF BEGINNING.
Containing 103,401 Sq. Ft., more or less.
Exhibit "B'• (page 10 of 10)
Oct., 1984, Revised Nov., 1984
Job Nh. 4395.01-05
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