HomeMy WebLinkAboutCC AG PKT 2006-04-24 #N
AGENDA REPORT
DATE: April 24, 2006
TO: Honorable Mayor and City Council
THRU: John Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: ADOPTION OF RESOLUTION VACATING THE ALLEY
, WITHIN ROSSMOOR CENTER
SUMMARY OF REOUEST:
Adopt Resolution No. --' A Resolution of the City Council of the City of Seal Beach
Vacaring the Alley Within Rossmoor Center. '..
BACKGROUND:
On August 30, 1967, the Lakewood Rancho and Los Coyotes Land Co., predecessors-in-
interest to Rossmoor Center owner Century National Properties, granted to the City of Seal
Beach an alley located between Rossmoor Center Way and Bradbury Road. On September
5, 1967, the City Council adopted Resolution No. 1595, accepting the Grant Deed from
Lakewood Rancho and Los Coyotes Land Co. and establishing the alley as a public alley.
Please refer to Attachment 3 to see a current Tax Assessor Map of the Rossmoor Center
area, indicating the location of the alley between Rossmoor Center Way and Bradbury Road
and to Attachment 4 to review City Council Resolution No. 1595.
As part of the ongoing reconstruction activities at Rossmoor Center it has been
determined by City staff that this public alley is no longer necessary to be maintained as a
public alley. The proposed Resolution finds that the alley is being superseded by
relocation, and that the vacation of the alley will not cut off all access to a person's
property which, prior to relocation, adjoined the alley, and that the vacation will not
terminate a public service easement.
The proposed reconstruction at Rossmoor Center will maintain this area as roadway and
pedestrian areas, thereby allowing all existing easement holders to maintain their existing
easements and service lines in their current locations and subject to their current rights of
access. Those known easement holders are:
[J Southem California Water Company
[J Southern California Edison Company (2 separate easements); and
[J Los Alamitos County Water District.
Agenda Item ~
\IDAT AFILElUsenILWhitteober8\My Doeum..tslRossmoor c...... ExpIll.iOllIArea B RCCOIISlructionWloy VllClllicm,CC Staff
RCport,doc\LWI04-03-06
A.doption of Resolution A.uthorizing
Yacating of Alleyway at RCJ.Jsmoor Center
City COIlncil Staff Report
A.priI24, 2006
The City Attorney has reviewed the proposed alley vacation and approves the form of the
subject resolution and proposed Quitclaim Deed.
FISCAL IMPACT:
Slight positive fiscal impact to the City, as the City would no longer be required to
maintain the paving surface of the easement area and would be relieved of potential
liability involved in owning, maintaining, and/or controlling a fee interest in an alley
bisecting and serving private property. Century National Properties, as property owner,
would assume those responsibilities.
RECOMMENDATION:
Adopt Resolution No. --' A Resolution of the City Council of the City of Seal Beach
Vacating the Alley Within Rossmoor Center.
-
Attachments: (4)
Attachment 1:
Resolution No. . A Resolution of the City Council
of the City of Seal Beach Vacating the Alley Within
Rossmoor Center
Attachment 2:
Quitclaim Deed
Attachment 3:
Tax Assessor Map of thc Rossmoor Center Area
Attachment 4:
Resolution No. 1595, A Resolution of the City Council of the
City of Seal Beach, California, Accepting a Grant Deed from
Lakewood Rancho and Los Coyotes Land, Co., adopted
September 5,1967
Alley VIlCllli<m.CC Stall'Report
2
Adoption of Reao/ution Authorizing
Vaealing of Alleyway at Rossmoor Center
City Council Staff Report
Apri/24. 2006
ATTACHMENT 1
RESOLUTION NO. . A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH VACATING THE ALLEY
WITHIN ROSSMOOR CENTER
Alley Vacation,CC StaffRcport
3
Adoption of Resolution Authorizing
Vacating of Alleyway af Ros.moor Cenfer
City Council Stcdf Report
April 24, 2006
RESOLUTION NO.
A RESOLUTION OF TIIE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA,
VACATING THE ALLEY WITHIN ROSSMOOR
CENTER
WHEREAS, ,on August 30, 1967, the Lakewood Rancho and Los Coyotes Land Co.,
predecessors-in-interest to Rossmoor Center owner Century National
Properties, granted to the City of Seal Beach an alley more particularly
described in the Grant Deed ultimately recorded on September 21, 1967 as
Document Number 14270 in Book 8360, pages 695 through 701, and
referred to herein as the "Alley"; and
WHEREAS, on September 5, 1967, the City Council of the City of Seal Beach adopted
Resolution No. 1595, accepting the Grant Deed from Lakewood Rancho and
Los Coyotes Land Co. and establishing the Alley as a public street; and
WHEREAS, the grant of the Alley was conditioned so that it would be solely and only
used as a public alley or street, ,and if not so used, title would revest with the
successors of the original grantor; and
WHEREAS, the redevelopment of the Rossmoor Center will result in the Alley being
superseded by relocation; and
WHEREAS, the City Council desires to eliminate any future potential maintenance costs
and/or potentia1liability involved in owning, maintaining, and/or controlling
a fee interest in an alley bisecting and serving private property; and
WHEREAS, it is the City Council's intent in vacating the Alley to reserve and exempt
from the vacation any and all other easements that may exist within the area
of the Alley;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The vacation of the Alley is made under and pursuant to the
authority contained in Streets & Highways Code, Division 9, Part 3, Chapter 4
(commencing with ~ 8330 et seq.).
Alley Vau:atilXl,CC SlBlfReport
4
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Stqff Report
April 24, 2006
SECTION 2. The property being vacated shall consist of the Alley as the Alley is
described in Exhibit "A" hereto and contained in in that deed recorded in Book 8380 at page
695 of the Official Records of the County Recorder of the County of Orange on September
21,1967.
SECTION 3. The City Council finds that the Alley is being superseded by
relocation, and that the vacation of the Alley will not cut off all access to a person's
property which, prior to relocation, adjoined the Alley, and that the vacation will not
terminate a public service easement.
SECTION 4. In vacating the Alley, the City Council expressly reserves therefrom
all easements within the Alley, including but not limited to the following:
1. An easement in favor of Southern California Water Company, recorded
January 23, 1967 in Book 8159, page 763;
2. An easement in favor of Southern California Edison Company, recorded
January 27, 1967 in Book 8163, page 823;
3. An easement in favor of Southern California Edison Company, recorded
November 4, 1975 in Book 11558, page 715; and
4. An easement in,favor of the Los Alamitos County Water District, for sewer
purposes, recorded May 27, 1967 in Book 11752, page 70.
SECTION 5: From and after the date this resolution is recorded, the Alley no longer
constitutes a street, highway or public service easement.
SECTION 6: The City Clerk is directed to record this vacation as required by law.
The City Clerk shall certify to the passage and adoption of this Resolution and enter
it into the book of original resolutions.
, PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach this day of , 2006.
Mayor
ATTEST:
ADey VaoalJon,CC Stafl'Rcport
s
Adoption of Resolution Authorizing
Vacaling of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing
Resolution WlIII passed, approved and adopted by the City Council of the City of Seal Beach
at a meeting thereof held on the day of
2006 by the following vote:
AYES: Council members
NOES: Council members
ABSENT: Council members
ABSTAlN: Council members
City Clerk
AUoy VacatlOD,CC StaffRcpOJt
6
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April24. 2006
EXlnBIT "A" TO CITY COUNCIL RESOLUTION
LEGAL DESCRIPTION OF PROPERTY
That portion of the west one-half of Section 31, Township 4 South,
Range 11 West, in that portion of the Rancho Los Alamitos, in the County
of Orange, State of California, as per map filed in and made a part of the
Decree of Partition in Case No. 68582 of the Superior Court of said State,
in and for said County, a copy of which was recorded March 8, 1910, in
Book l77, Page 337 of Deeds, in the office of the County Recorder of said
County, described as follows:
Beginning at the northeasterly terminus of that certain curve at the
southeasterly comer of Bradbury Road and Montecito Road shown on
Map of Tract No. 3072 recorded in Book 93 at Pages 5 to 8 inclusive of
Miscellaneous Maps in the office of said County Recorder, as concave to
the southeast and having a radius of 15 feet; thence along the south line of
said Bradbury Road South 890 48' 30" East 1014.99 feet to the true point
of beginning; thence parallel with the easterly line of said Montecito Road
South 0" 10' 50" West 550.00 feet; thence parallel with said south line of
Bradbury Road North 890 48' 30" West 120.00 feet; thence parallel with
the east line of said west one-half of Section 31 South 0" 11' 30" West
519.35 feet; thence South 890 49' 10" East 20.00 feet; thence parallel with
the east line of said west one-half of Section 31 North 00 11' 30" East
499.35 feet; thence parallel with said south line of Bradbury Road South
890 48' 30" East 120.00 feet; thence parallel with the easterly line of said
Montecito Road North 00 10' 50" East 570.00 feet to the south line of
Bradbury Road; thence along said south line North 890 48' 30" West 20.00
feet to the true point of beginning.
. .
. .
Alloy Vacation.CC StaffRoport
7
Alloy VacatIon CC StaffRoport
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
Apri/24. 2006
ATTACHMENT 2
"QUITCLAIM DEED"
8
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
Recording Requested By And
When Recorded Mail To:
City Clerk
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
(Space Above for Recorder's Use)
Exempt from RecordatioD Fee per Gov. Code
~ 27383
DOCUMENTARY TRANSFER TAX IS
S Computed on the consideration
or value of property conveyed, OR
_ Computed on the consideration or value less
liens or encumbrances remaining at time of sale.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, CITY OF SEAL BEACH, A California Charter City (the "City"), does
hereby remise, release and forever quitclaim to the CENTURY NATIONAL
PROPERTIES INC., a California Corporation ("CNP"), all the City's interest in the real
property located in the City of Seal Beach, County of Orange, State of California,
described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property'').
This deed is subject to and governed by the reservations and exemptions
contained in City of Seal Beach City Council Resolution No. , "A Resolution of
the City Council of the City of Seal Beach Vacating the Alley Within Rossmoor Center"
attached hereto as Exhibit "B" attached hereto and incorporated herein by reference (the
"Resolution'').
Dated
,2006
CITY OF SEAL BEACH, A California Charter
City
By:
Its:
}
Alloy V..atiOlLCC StaffRoport
9
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
STATE OF CALIFORNIA
COUNTY OF
}
}
On
before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose names(s) Ware subscribed to the within instrument and acknowledged to
me that heJshe!they executed the same in hislherltheir authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Alloy V""""'on.cc StaffRoport
10
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
EXHIBIT "A" TO QUITCLAIM DEED
LEGAL DESCRIPTION OF PROPERTY
That portion of the west one-half of Section 31, Township 4 South,
Range 11 West, in that portion of the Rancho Los Alamitos, in the County
of Orange, State of California, as per map filed in and made a part of the
Decree of Partition in Case No. 68582 of the Superior Court of said State,
in and for said County, a copy of which was recorded March 8, 1910, in
Book 177, Page 337 of Deeds, in the office of the County Recorder of said
County, described as follows:
Beginning at the northeasterly terminus of that certain curve at the
southeasterly comer of Bradbury Road and Montecito Road shown on
Map of Tract No. 3072 recorded in Book 93 at Pages 5 to 8 inclusive of
Miscellaneous Maps in the office of said County Recorder, as concave to
the southeast and having a radius of IS feet; thence along the south line of
said Bradbury Road South 89" 48' 30" East 1014.99 feet to the true point
of beginning; thence parallel with the easterly line of said Montecito Road
South 0" 10' SO" West 550.00 feet; thence parallel with said south line of
Bradbury Road North 890 48' 30" West 120.00 feet; thence parallel with
the east line of said west one-half of Section 31 South 00 11' 30" West
519.35 feet; thence South 890 49' 10" East 20.00 feet; thence parallel with
the east line of said west one-half of Section 31 North 00 11' 30" East
499.35 feet; thence parallel with said south line of Bradbury Road South
890 48' 30" East 120.00 feet; thence parallel with the easterly line of said
Montecito Road North 00 10' SO" East 570.00 feet to the south line of
Bradbury Road; thence along said south line North 89048' 30" West 20.00
feet to the true point of beginning.
. .
. .
Alloy V..ation.CC StaffRoport
11
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
EXHIBIT "B" TO QUlTCLAlM DEED
CITY COUNCIL RESOLUTION NO.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
TIIE CITY OF SEAL BEACH, CALIFORNIA,
: VACATING TIIE ALLEY WITHIN ROSSMOOR
CENTER
WHEREAS, on August 30, 1967, the Lakewood Rancho and Los Coyotes Land Co.,
predecessors-in-interest to Rossmoor Center owner Century National
Properties, granted to the City of Seal Beach an alley more particularly
described in the Grant Deed ultimately recorded on September 21, 1967 as
Document Number 14270 in Book 8360, pages 695 through 701, and
referred to herein as the "Alley"; and
WHEREAS, on September 5, 1967, the City Council of the City of Seal Beach adopted
Resolution No. 1595, accepting the Grant Deed from Lakewood Rancho and
Los Coyotes Land Co. and establishing the Alley as a public street; and
WHEREAS, the grant of the Alley was conditioned so that it would be solely and only
used as a public alley or street, and if not so used, title would revest with the
successors of the original grantor; and
WHEREAS, the redevelopment of the Rossmoor Center will result in the Alley being
superseded by relocation; and
WHEREAS, the City Council desires to eliminate any future potential maintenance costs
and/or potential liability involved in owning, maintaining, and/or controlIing
a fee interest in an alley bisecting and serving private property; and
WHEREAS, it is the City Council's intent in vacating the Alley to reserve and exempt
from the vacation any and all other easements that may exist within the area
of the Alley;
NOW, THEREFORE, TIIE CITY COUNCIL OF TIIE CITY OF SEAL
BEACH DOES HEREBY RESOLVE, DECLARE, DElERMINB AND
ORDER AS FOLLOWS:
AIIoyVacolion.CC SlaffRoport
12
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
SECTION 1. The vacation of the Alley is made under and pursuant to the
authority contained in Streets & Highways Code, Division 9, Part 3, Chapter 4
(commencing with ~ 8330 et seq.).
SECTION 2. The property being vacated shall consist of the Alley as the Alley is
described in Exhibit "A" hereto and contained in in that deed recorded in Book 8380 at page
695 of the Official Records of the County Recorder of the County of Orange on September
21,1967.
SECTION 3. The City Council finds that the Alley is being superseded by
relocation, anp that the vacation of the Alley will not cut off all access to a person's
property which, prior to relocation, adjoined the Alley, and that the vacation will not
terminate a public service easement.
SECTION 4. In vacating the Alley, the City Council expressly reserves therefrom
all easements within the Alley, including but not limited to the following:
1. An easement in favor of Southern California Water Company, recorded
January 23, 1967 in Book 8159, page 763;
2. An easement in favor of Southern California Edison Company, recorded
January 27, 1967 in Book 8163, page 823;
3. An easement in favor of Southern California Edison Company, recorded
November 4, 1975 in Book 11558, page 715; and
4. An easement in favor of the Los Alamitos County Water District, for sewer
purposes, recorded May 27,1967 in Book 11752, page 70.
SECTION 5: From and after the date this resolution is recorded, the Alley no longer
constitutes a street, highway or public service easernent.
SECTION 6: The City Clerk is directed to record this vacation as required by law.
The City Clerk shall certifY to the passage and adoption of this Rcsolution and enter
it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach this day of , 2006.
Mayor
Alloy VBl:atiOll.CC SlaffRoport
13
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing
Resolution was passed, approved and adopted by the City Council of the City of Seal Beach
at a meeting thereof held on the day of
2006 by the following vote:
A YES: Council members
NOES: Council members
ABSENT: Council members
ABSTAIN: Council members
City Clerk
Alloy V..atiOlLCC StaffRoport
14
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
EXHIBIT "A" TO CITY COUNCIL RESOLUTION
LEGAL DESCRIPTION OF PROPERTY
That portion of the west one-half of Section 31, Township 4 South,
Range 11 West, in that portion of the Rancho Los Alamitos, in the County
of Orange, State of California, as per map filed in and made a part of the
Decree of Partition in Case No. 68582 of the Superior Court of said State,
in and for said County, a copy of which was recorded March 8, 1910, in
Book 177, Page 337 of Deeds, in the office of the County Recorder of said
County, described as follows:
Beginning at the northeasterly terminus of that certain curve at the
southeasterly comer of Bradbury Road and Montecito Road shown on
Map of Tract No. 3072 recorded in Book 93 at Pages 5 to 8 inclusive of
Miscellaneous Maps in the office of said County Recorder, as concave to
the southeast and having a radius of IS feet; thence along the south line of
said Bradbury Road South 890 48' 30" East 1014.99 feet to the true point
of beginning; thence parallel with the easterly line of said Montecito Road
South 0010' SO" West 550.00 feet; thence parallel with said south line of
Bradbury Road North 890 48' 30" West 120.00 feet; thence parallel with
the east line of said west one-half of Section 31 South 00 11' 30" West
519.35 feet; thence South 89049' 10" East 20.00 feet; thence parallel with
the east line of said west one-half of Section 31 North 00 11' 30" East
499.35 feet; thence parallel with said south line of Bradbury Road South
890 48' 30" East 120.00 feet; thence parallel with the easterly line of said
Montecito Road North 00 10' SO" East 570.00 feet to the south line of
Bradbury Road; thence along said south line North 890 48' 30" West 20.00
feet to the true point of beginning.
. . . .
Alloy VBl:ation.cc StaffRoport
15
Alloy V8l:ation CC StaffRoport
Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
ATTACHMENT 3
TAX ASSESSOR MAP OF THE
ROSSMOOR CENTER AREA
16
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Adoption of Resolution Authorizing
Vacating of Alleyway at Rossmoor Center
City Council Staff Report
April 24, 2006
ATTACHMENT 4
RESOLUTION NO, 1595, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, ACCEPTING A
GRANT DEED FROM LAKEWOOD
RANCHO AND LOS COYOTES LAND, CO"
ADOPTED SEPTEMBER 5, 1967
Alloy v..lII1on CC StaffRoport
17
nWi. 8380 ~AGi 700
RESOLUTION NO,1595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY nonfarm O@'W
OF SEAL BEACH, CALIFORNIA, ACCEPTING ll. GRANT
D~ED FROM LAKIDo,TOOD RANCHO AND LOS COYOTES
LAND.CO.
WHEREAS, Lakewood Rancho and Los Coyotes Land Co., a Limited
Partnership, has offered to.convey to the City of Seal Beach
for str~et 9r alley purposes a grant deed to certai~ real property
in the City' of Seal Beach, CoUnty of Orange, State qf California,
described as follows:
That portion of the west one-half of Section 31,
Township if South, Range ~l West" in that portion
of the Rancho Los Alamitos, in the County of Orange,
State of california, as per map filed in 'and made
a part of the Decree of parti.tion in Case No. 68582
of the Superior Court of said State; in and for said
COUllty. a copy of which was recorded.March 8, 1910,
in Book 177; Page 337 of Deeds, in t~e office of
the County Recorder of said County described as
follows:
Beginning at the northeasterly terminus of that cer-
taia curve' at the southeaste.r1y corner of. Bradbury
Road and Montecito Road ShOWll on Map of Tract No.
3072 recorded in Book 93 at Pages 5 to 8 inclusive
of Mis~ellaneous Maps in the office of ~aid ~ounty
~ecorder, as ~oncave to tbe southeast a~d having a
radius of 15 fee~; t~ence along the south line of
said Bradbury Road South. 890 48' 30" East 1014.99
~eet to the 'true point of beginl1ing; thenc~ p&ra11e1
with tbe easterly line of ~aid Montecito Road South
Do 10 I 50" Hes~ 55.0.00 feet; thence paral:('1 \qith
said south line of Bradbury Road Nortl> 890 1}8" 3D"
\~est 120.00 feet; thence parD.!le! ,qitb. ,tt.e:: !'last liIle
of said ~'<test one..half of Section 31 South 00 J.l r 30::
West 519,35 feet; thence South 890.49' 10" East to.OO
feet; thence parallel ~ith the east 1i.ne of said west
'one-half of Section 31 North 00 11' 30" East -499,35
fee.t; thence' garalle1 ~qith saj.d sotlth line ?f Bradbury
Road South 89 48 ': 30" F;as t 120.00 feet; thence parallel
with the easte:cly line of said Montecito Roa.d North
O~ 10' 50" East 570.00 feet to the south line of
Bradbury Road; thence along said south' line North 890
. 48' 30" Wes t 20,00 feet to the true point of 1:Iegu1.ning .
"- J..
'.
. !
BGo,,8380 PAGE 70 I
!
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH ,DOES
,HEREBY RESOLVE AS FOLLOHS: '
Section 1: Tnat the City Council of the City of Seal Beach does
'hereby accept said Grant Deed, dated August 30, 1967, from
Lakewood Rancho and Los Coyo~es Land Co., a Limited Partnership.
.. ,
Section 2. .. The City Clerk is instructed to record said Grant Deed',
together with a certified copy'ot this resolution fo~thwith.
. .
PASSED, APPROVED, AND ADOPTED by the City Council of t'he City of
. Seal Beach at a meeting thereof held on the 5th day of September,
1967; by the f91lowing vote: . .
AYES: coun~i1men5..1'~/J/'IIJl' ..(..f!;/;j/)f;'~. ?..{;oi:t:/i;-.,- JiCl.(;..:v f7. .."aHtl'
, ~ I ~
NOES: Councilmen ~, LI.H_~ . .
.AB~ENT:'
Councilmen
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