HomeMy WebLinkAboutRes 90-03 Determining the Necessity of Acquiring Land for Right-of-Way and Drainage Easement PurposesRESOLUTION NO. 3 ,_ I-?)
A RESOLUTION DETERMINING THE NECESSITY OF ACQUIRING APPROXIMATELY
0.886 ACRES OF LAND FOR RIGHT-OF-WAY PURPOSES AND APPROXIMATELY
2.359 ACRES FOR DRAINAGE EASEMENTS LOCATED IN DENTON COUNTY, ALL
WITHIN THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake approved State of Texas
Department of Highways and Public Transportation Minute Order
86417 dated October 28, 1987, in regard to construction of State
Highway 170, and the relocation of U.S. Highway 377, and
WHEREAS, the State Department of Highways and Public
Transportation has requested that the Town of Westlake provide
the right-of-way and easements required by the construction
project within the Town's corporate limits; and
WHEREAS, the Town of Westlake desires to acquire said
right-of-way and easements as described on the Exhibits attached
hereto, NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
I.
That it has been determined that public necessity
requires the acquisition of certain interests in land needed for
the construction of State Highway 170 and the relocation of U.S.
Highway 377, to -wit:
Approximately 0.886 acres of land located in
Denton County, for right-of-way and
approximately 2.359 acres of land located in
Denton County, for drainage easements all in
the Town of Westlake, Texas.
as described in Exhibits "A" and "B" attached hereto and made a
part hereof for all intents and purposes.
II.
It is hereby determined that a bona fide offer has been
made by the Town Attorney to the following owner or interest
holder:
R. Carter Pate,
Trustee of N.B. Hunt Liquidating Trust
c/o L. Dale Parsons
Baker, Mills & Glast
500 Trammell Crow Center
2001 Ross Avenue
Dallas, Texas 75201-2916
and that if the Town Attorney acting on behalf of the Town of
Westlake and such owner or interest holder cannot agree and are
unable to agree as to the value of said property and to damages
legally allowable by law, said property shall be condemned as
authorized below.
The authority to make said offer is in all things
approved, ratified and confirmed.
IV.
The Town of Westlake hereby determines to appropriate
and condemn the interest described in Section I of this
Resolution for the purpose so stated, by the exercise of the
power of eminent domain set forth in Chapter 21, Property Code,
V.T.C.A., and the Constitution and Statutes of the State of Texas
authorizing the condemnation of property.
V.
The Town Attorney is hereby authorized to file the
necessary suits and take whatever action necessary for the prompt
acquisition of the above-described interest in said property.
VI.
This resolution shall take effect immediately upon its
passage as provided by law.
PRESENTED AND PASSED on this the day of , 1990,
by a vote of ayes and C2 nays at a Board meeting of the
Board of Aldermen of the Town of Westlake, Texas.
Dale L. White, Mayor
Town of Westlake, Texas
ATTEST:
-.2
Gezy White, Town Secretary^�
Town of Westlake, Texas
APPROVED AS TO LEGAL FORM:
Paul C. Isham, Town Attorney
Town of Westlake, Texas
EXHIBIT A
D-18 CSJ #3559-01-001 Parcel 2 & 2E
State Hwy 170
Page 1 of B
April 25, 1990
BEING 0.653 of an acre of land, more or less, of which 0.282 of an acre of land
is within an existing county road right of way easement, and also of which 0.190
of an acre is situated in the Jesse Gibson Survey, Abstract 493, 0.424 of an
acre is situated in the M.E.P. A R.R.R. Co. Survey, Abstract 923, and 0.039 of
an acre is situated in the John Bacon Survey, Abstract 1565, all in Denton
County, Texas; said 0.553 of an acre tract of land being a portion of that
certain $8.96 acre tract of land conveyed to Nelson Bunker Hunt as recorded In
Yolume 1898, Page 139, Real Property Records of Denton County, Texas and also
being a portion of that 177.75 acre tract of land, known as Fourth Tract, a
portion of that 69 acre tract of land, known as Eleventh Tract, and a portion of
that -69.72 acre tract of land, known as Fifteenth Tract, all of said tracts as
conveyed to Nelson Bunker Hunt as recorded in Volime 4612, Pae 3620 Deed
Records of Tarrant County, Texas; said 4.653 of an acre of land being
hereinafter designated as PARTS 1 through 4 individually described by metes and
bounds as follows:
PART 1 - 0.041 of an acre out of said Fifteenth Tract
COMMENCING at the northwestern property corner of said Fifteenth Tract being in
the eastern line of Roanoke Road;
THENCE South 00 deg. 24 min. 22 sec. gest along the western property line of
said Fifteenth Tract for a distance of 1969.95 feet to the POINT OF BEGINNING
being in the new northern right of way line of State Highway 170, said point
being in the northeastern cut-back line of the eastern line of Roanoke Road and
said new northern right of way line of State Highway 170;
(1) THENCE South 65 deg. 09 min. 50 sec. East departing said western property
line along %,id northeastern cut-back line for a distance of 62.72 feet to
a point in the northern property line of that 153.093 acre tract of land,
known as Tract 2, as conveyed to Dedication Corporation, a Texas non-profit
corporation as recorded in Volume 938.1, page 104, Deed Records of Tarrant
County, Texas;
(2) THENCE departing said cut-back line along the northern property line of
said Dedication Corporation tract of land in a southwesterly direction
following a curve to the right having a radius of 3254.04 feet, a beginning
tangent hearing of South 56 deg. 59 min. 08 sec. west, a central angle of
01 deg. 11 min, 48 sec., for a distance of 57.96 feet to the most westerly
northwestern property corner of said Dedication Corporation tract of land
same being in the western property line of said Fifteenth Tract;
(3) THENCE North 00 deg. 24 min. 22 sec. East along said western property line
for a distance of 62.78 feet to the POINT OF BEGINNING, and containing an
area of 0.041 of an acre of land, more or less.
EXHIBIT
Parcel 2 A 2E
Page 2 of 8
Access will be permitted to the remainder abutting the highway facility along
call #1 of the foregoing property description.
FART 7 - 0.149 of an acre out of said Eleventh and Fifteenth.Tracts
CommENCING at the southwestern property corner of said Eleventh Tract being in
the eastern property line of said Fifteenth Tract; .
THENCE North 00 deg. 34 min. 26 sec. East along the common property line of said
Eleventh and Fifteenth Tracts for a distance of 824.35 feet to the POINT OF
BEGINNING being in the new southern right of way line of State Highway 170;
(1) THENCE South 78 deg. 30 min. 52 sec. West departing said common property
line along said new southern right of way line for a distance of 33.48 feet
to a point in the southern property line of that 153.493 acre tract of
land, known as Tract 2, as conveyed to Dedication Corporation, a Texas
non-profit corporation as recorded in Volume 9381, Page 104, Deed Records
of Tarrant County, Texas;
THENCE along the southern property line of said Dedicatiorr Carpor-ation tract of
land as follows:
(2) in a northeasterly direction following a curve to the left having a
radius of 4,603.66 feet, a beginning tangent bearing of North 44 deg.
11 min. 63 see. East, a central angle of 03 dpg. 01 min, 00 SeC.,
passing at an arc distance of 47.71 feet said common property line and
continuing for a total arc distance of 242.39 feet;
(3) In a northeasterly direction following a curve to the left having a
radius of 11,479.16 feet, a beginning tangent bearing of North 41 deg.
10 min. 59 sec. East, a central angle of 00 deg. 06 min. 48 sec., for a
distance of 22.72 feet to a point in said new southern right of way
line of State Highway 170;
THENCE along the new southern right of way line of State highway 170 as follows:
(4) South 24 deg. 11 min. 14 sec. West for a distance of 109.90 feet;
(5) South 40 deg. OF Grin. 31 set; Best for, a distance of 106.84 feet:
(G) South 78 deg. 30 min. 52 set;. nest for, a distance of 33.32 feet to the
POINT OF BEGINNING, and containing an area of 0.149 of an acre of land,
more or less.
Access will be permitted to the remainder abutting the highway facility along
calls #1, #4, #5 rind #6 of the foregoing property description.
EXHIBIT
Parcel 2 b 2E
Page 3 of 8
PART 3 - 0.230 of an acre out of said 58.9+6 acre tract and said Fourth Tract
COMMENCING at the northeasternproperty corner of said 58.95 acre tract of land
being in the western property 1 i ne of that 39.75 acre tract of land, known as
Seventh Tract, as conveyed to Nelson Bunker Hunt as recorded in Volume 4612,
Page 362, Deed Records of Tarrant County, Texas and also being in the
approximate centerline of Main.FStreet;
THENCE South 00 deg. 05 min. 10 sec. East along the eastern property line of
said 58.95 acre tract of land passing at a distance of 5.07 feet the most
westerly northwestern property corner of said Fourth Tract and continuing for a
total distance of 99.86 Leet to the FUINr OF BEGINNING being in the new northern
right of way line of State Highway 170;
THENCE along the new northern right of way line of State Highway 170 as follows;
(1) North 89 deg. 26 min. 12 sec. East for a distance of 27.11 feet;
(2) South 75 deg. 47 min. 42 sec. East for a distance of 61.87 feet to a
point in the northern property line of that 153.093 acre tract of land,
known as Tract 2, as conveyed to Dedication Corporation, a Texas
non-profit corporation as recorded in Volume 9381, Page 104, Deed
Records of Tarrant County, Texas;
(3) THENCE South 40 deg. 01 mien. 10 sec. West departing said new northern right
of way line along the northern property line of said Dedication Corporation
tract of land passing at a distance of 135.15 feet the common property line
of said 58.96 acre tract of land and said Fourth Tract same being in the
approximate centerline of Main Street and continuing for a total distance
of 196.76 feet to a point in the new northern right of way line of State
Highway 1.70;
THENCE along the new northern right of way line of State Highway 170 as follows:
(4) Horth 03 deg. 56 min. 23 see. East for a distance of. 165.72 feet;
(5) North 89 deg. 26 rain. 12 sec. East for a distance of 28.05 feet to the
POINT OF BEGINNING, and containing an area of 0.230 of an acre of land,
more or less, of which 0.148 of an acre ,of land is within an existing
county road right of way easement.
Access will be permitted to the remainder abutting the highway facility along
calls #2 and 44 of the foregoing property description.
EXHIBIT
Parcel 2 A 2E
Page 4 of 8
PART 4 - 0.233 of an acre out of said 58.95 acre tract and said Fourth Tract
COMMENCING at 112 inch iron rad found in the southeastern property corner of
said 58.95 acre tract of land being in the southerly projection of the
approximate centerline of Main Street;
THENCE North 00 deg. 05 min. 10 sec. West along the easterly property line of
said 58.95 acre tract of land passing at a distance 68.46 feet the most westerly
southwestern property corner of said Fourth Tract and continuing for a total
distance of 290.44 feet to the POINT OF BEGINNING being in the new southern
right of way line of State Highway 170 at the intersection of the approximate
centerline of Main Street;
THENCE along the new southern right of way line of State Highway 170 as follows;
(1) North 69 deg. 43 min. 18 sec. Nest for a distance of 20.76 feet;
(2} North 74 deg. 53 min. 51 sec. West for a distance of 65.36 feet to a
point in the southern property line of that 153.093 tract of land,
known as Tract 2, as conveyed to Dedication Corporation, a Texas
non-profit corporation as recorded in Volume 9381, Page 104, Deed
Records of Tarrant Cotanty, Texas;
THENCE along the southern property line of said Dedication Corporation tract of
land as follows:
(3) North 36 deg. 12 min. 32 sec. East for a distance of 94.41 feet;
(4) In a northeasterly direction following a curve to the right having a
radius of 2.844.79 feet. a beginning tangent 'bearing of North 35 deg.
12 min. 32 sec. East, a central angle of 02 deg. 10 min. 22 sec.,
patting at an arc distance of 50-07 the common property lino of said
58.96 acre tract of land and said Fourth Tract being in the approximate
centerline of Main Street and continuing along said curve to the right
for a total arc -distance of 107.89 feet to a point in the new southern
right of way line of State Highway 174;
THENCE along the new southern right of way line of State Highway 170 as follows;
(5) South 04 deg. 03 min. 59 sec. Nest for a distance of 96.04 feet;
(6) South 04 deg. 03 min. 59 sec. West for a distance of 85.74 feet;
(7) North 89 deg. 43 mica. 18 sec. West for a distance of 21.54 feet to the
POINT OF BEGINNING, and containing an area of 0.233 of an acre of land,
more or less, of which 0.134 of an acre of land is within an existing
county road right of way easement.
EXHIBIT
Parcel 2 A 2E
Page 5 of 8
Access will be permitted to the remainder abutting the highway facility along
calls 02 and f6 of the foregoing property description.
Access will be denied to the highway facility along call #5 of the foregoing
property description.
AND IN ADDITION THERETO
EASEMENTS for the purpose of opening, construction and maintaining a permanent
drainage channel in, along, upon and across the following described three (3)
tracts of land, 0th the right and privilege at all times of having ingress,
egress and regress in, along, upon and across such tracts of land for the
purpose of making additions to, improvements on and repairs to the said drainage
channel or any part thereof, said three (3) tracts of land being out of and part
of those certain tracts known as Seventh, Eleventh and Fifteenth Tracts as
recorded in said Volume 4612, Page 362, Deed Records of Tarrant County, Texas
being hereinafter designated as PARTS 5, 6, and 7 individually described by
metes and bounds as follows:
PART 5 - Drainage Easement
0.150 of an acre out of said Fifteenth Tract
COMMENCING at.the northwestern property corner of said Fifteenth Tract being in
the eastern line of Roanoke Road;
THENCE South 00 deg. 24 min. 22 sec. Wiest along the western property line of
said Fifteenth Tract for a distance of 1969.95 feet to a point in the new
northern right of way line of State Highway 170;
"THENCE along the new northern right of way line of State Highway 170 as follows:
South 65 deg. 09 min. 50 sec. East for a distance of.62.72 feet;
In a northeasterly direction following a curve to the left having a
radius of 3,254.04 feet, a beginning tangent hearing of North 66 deg.
59 min. 06 sec. East, a central angle of 11 deg. 43 min, 36 see., for a
distance of 666.00 feet to the POINT OF BEGINNING of the herein
describpe tract of land;
(1) THENCE Borth 65 deg. 20 min. 54 sec west departing said.new northern right
of way- line for a distance of 80.00 feet;
(2) THENCE North 23 deg. 39 min. 06 sec. East for a distance of 70.00 feet;
(31 THENCE South 65 deg. 20 rain. 54 sec. East for a distance of 106.80 feet to
a point in said new northern right of way line of State Highway 170,
(4) THENCE along said new northern right of ray line in a southwesterly
direction following a curve to the right having a radius of 3,254.04 feet,
a beginning tangent bearing of South 43 deg. 56 min. 20 sec. Best, a
central angle of 01 deg. 19 min. 11 sec., for a distance of 74.96 feet to
the POINT OF BEGINNING, and containing an area of 0.150 of an acre of land,
more or less.
EXHIBIT
Parcel 2 A 2E
Page 6 of a
PART 6 Drainage Easement
2.046 acres out of said Eleventh and Fifteenth Tracts
COMMENCING at the southwestern property corner of said Eleventh Tract being in
the easterly property line of said Fifteenth Tract;
THENCE North 00 deg. 34 min. 26 sec. East along the common property line of said
Eleventh and Fifteenth Tracts for a distance of 598.43—feet to the POINT OF
BEGINNING of the herein described tract of land;
(1) THENCE North 66 deg. 20 rein. 54 sec. West departing said common property
line for a distance of 191.40 feet to a point in the new southern right of
way line of State Highway 170;
(2) THENCE along said new southern right of way line in a northeasterly
direction fallowing a curve to the left having a radius of 4,603.66 feet, a
beginning tangent bearing of North 46 deg. 43 min. 34 sec. East, a central
angle of 01 deg. 48 min. 52 sec., for a distance of 145.78 feet;
(3) THENCE South 66 deg. 20 min. 54 sec. fast departing said new southern right
of way line passing at a distance of 78.87 feet said common property line
of Eleventh and Fifteenth Tracts and continuing for a total distance of
209.78 feet;
(4) THENCE in a northeasterly direction following a curve to the left having a
radius of 232.50 feet, a beginning tangent bearing of South 56 deg. 20 min.
54 sec. East, a central angle of 78 deg. 03 min. 21 sec., for a distance of
316.74 feet;
(5) THENCE South 54 deg. 24 min. 15 sec. East for a distance of 135.00 feet;
(6) THENCE in a southwesterly direction following a curve to the right having a
radius of 367.50 feet, a beginning tangent bearing of South 35 deg. 35 min.
45 sec. West, a central angle of 21 deg. 07 min. 03 sec.,,for a distance of
135.45 feet,
(7) THENCE South 15 deg. 15 miry. 06 sec. West for a distance of 61.41 feet;
(8) THENCE Korth 74 deg. 44 min. 52 sec. West for a distance of 70.00 feet;
(9) THENCE in a northwesterly direction following a curve to the right having a
radius of 367.50 feet, a beginning tangent bearing of South 71 deg. 16 min.
14 sec., West, a central angle of 42 deg. 22 mina 52 sec., for a distance
of 271.84 feet;
(10) THENCE North 66 deg. 20 min. 54 sec. West for a distance of 73.39 feet to
the POINT OF BEGINNING, and containing an area of 2.046 acres of land, more
or less.
EXHIBIT
Parcel 2 & 2E
Page 7 of 8
PART 7 - Drainage Easement
0.163 of an acre out of said Seventh Tract
COMMENCING at the northeasternroperty corner of said 58.96 acre tract of land
being in the western property line of that 39.75 acre tract of land, known as
Seventh Tract, as conveyed to Nelson Bunker Bunt as recorded in Volume 4612,
Page 362, Deed Records of Tarrant County, Texas and also being in the
approximate centerline of Main Street;
THENCE South 00 deg. 05 min. 10 sec. East along the eastern property line of
said 58.96 acre tract of land passing at a distance of 5.47 feet to the most
westerly northwestern property corner of said Fourth Tract and continuing for a
total distance of 99.85 feet to a point being in the new northern right of way
line of State Highway 170;
THENCE along the new northern right of way line of State Highway 170 as follows:
North 89 deg. 26 min. 12 sec. East for a distance of 27.11 fleet;
South 75 deg. 47 min. 42 sec. East for a distance of 61.87 feet to a point
in the northern property line of that 153.093 acre tract of land, known as
Tract 2, as conveyed Lu DedlLation Corporation, a texas non-profit
corporation as recorded in Volume 9381, Page 104, Deed Records of Tarrant
County, Texas;
THENCE continuing along the new northern right of way line of State Highway 170
same being the northern property line of said Tract 2 in a northeasterly
direction following a curve to the right having a radius of 3839.72 feet, a
beginning tangent bearing of North 40 deg. 01 min. 10 sec. East, a central angle
of 06 deg. 27 min. 07 sec., for a distance of 432.38 feet to the POINT OF
BEGINNING of the herein described tract of land;
(1) THENCE North 40 deg. 45 min. 16 sec. west departing the new northern right
of way line of State Highway 170 for a distance of 116.20 feet;
(2) THENCE South 49 deg. 13 min. 45 sec. Kest for a•distance of 30.00 feet;
(3) THENCE North 40 deg. 46 min. 16 sec. Test for a distance of 60.00 feet to
the northwosterrr eer'ner of the hey-ein des9.r'ibt:d treaut of land and from w"ICh
a 112 inch iron rod found being an angle point in the western property line
of paid Seventh Tract bears, Nur-Lh 61 deg. 26 min. 12 sec. West, a distance
of 5.21 feet;
(4) THENCE North 49 deg. 13 min. 45 sec. East for a distance of 80.00 feet;
(5) THENCE South 40 deg. 46 min. 16 sec. East for a distance of 60.00 feet;
(6) THENCE South 49 deg. 13 min. 45 sec. Wiest for a distance of 30.00 feet,
(7) THENCE South 40 deg. 46 min. 16 sec. East for a distance of 115.29 feet to a
point in the neem northern right of way line of State Highway 170;
r
EXHIBIT
Parcel 2 A 2E
Page 8 of 8
(8) THENCE along said new northern right of way line in a southwesterly
direction following a curve to the left having a radius of 3839.72 feet. a
beginning tangent bearing of South 45 deg. 46 min. 12 sec., west a central
angle of 00 d(q. 17 min. 55 sec., for a distance of 20.02 feet to the POINT
OF BEGINNING, and containing an area of 0.163 of an acre of land, more or
less.
AR? N LOH
4029
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EXHIBIT 8
D-18 CSJ #0081-03-033 Parcel 3
U.S. Highway 377
Page 1 of 2
April 5, 1990
Being 0.233 of an acre of land, more or less, situated in the William Huff
Survey, Abstract.519, Benton County, Texas and being out of and a portion of
that 29.112 acre tract of land conveyed to N.B. Hunt by deed as recorded in
Volume 1906, Page 781, Deer! Records of Denton County, Texas, said 0.233 of an
acre tract of land being hereinafter designated as Parts 1 and 2 individually
described by metes and bounds as follows:
PART 1 - (0.020 of an acre)
COMMMENCING at the most westerly southwestern property corner of said 29.112
acre tract of land being the northwestern property corner of that 2.5 acre
tract of land conveyed to Tabernacle Baptist Church as recorded in Volume 714,
Page 459, Deed Records of Denton County, Texas and also being in the existing
eastern right of way line of U.S. Highway 377;
THENCE South 89 deg. 35 min. 21 sec. East departing said existing eastern
right of way line along the northern property line of said 2.5 acre tract of
land for a distance of 154.19 feet to the POINT OF BEGINNING being in the new
western right of way line of U.S. Highway 377;
(1) THENCE along said new western right of way line in a northeasterly
direction following a curve to the left having a radius of 5654.58 feet,
a beginning tangent bearing of North 11 deg. 49 min. 43 sec. East, a
central angle of 00 deg. 10 min. 39 sec., for a distance of 17.52 feet to
a point in the southern property line of that 18.734 acre tract of land,
known as Tract IV - Parish Tract, conveyed to Dedication Corporation, a
Texas non-profit corporation, as recorded in Volume 1909, Page 507, heal
Property Records of Denton County, Texas;
(2f THENCE South 79 deg. 52 min. 11 sec. East departing said new western
right of way line along the southern property line of said Tract IV for a
distance of 101.74 feet to a point in the northern property line of said
2.5 acre tract of land;
(3) THENCE North 89 deg. 35 min, 21 sec. West along said northern property
line for a distance of 103.72 feet to the POINT OF BEGINNING, and
containing an area of 0.020 of an acre of land, more or less.
PARI' 2 - ( 0.213 of an acre)
C4ENCING at an angle point in the northern property line of said 29.112 acre
tract of land being the southeastern property corner of that 25.0 acre tract
of land conveyed to the I ran Church Extension Fund - Missouri Synod as
recorded in Volume 1016, Pay. 955, Deed Records of Dunton County, Texas;
EXHIBIT
Parcel 3
Page 2 of 2
THENCE North 89 deg. 47 min. 31 sec. .West, along the common property line of
said 25.0 acre tract of land and said 29.112 acre tract of land for a distance
of 1140.54 feet -to the POINT OF BEGINNING being in the new eastern right of
way line of U.S. Highway 377;
(1) THENCE South 11 deg. 06 min. 10 sec. Fest departing said common property
line along said new eastern right of wary line for a distance of 74.92
feet to a point in the northern property line of that 18.734 acre tract
of land, known as Tract IY - Parish Tract, conveyed to a Dedication
Corporation, a Texas non-profit corporation, as recorded in Volume 1909,
Page 607, Real Property Records of Denton County, Texas;
(2) THENCE North 79 deg. 52 min. 11 sec. West departing said new eastern
right of way line along said northern property line of said Tract IV for
a distance of 150.02 feet to a point in the new western right of way line
of U.S. Highway 377;
(3) THENCE North 11 deg. 06 min. 10 sec. East along said new western right
of way lire fora distance of 48.59 feet to a point in aforementioned
common property line and from which the northwestern property corner of
said 29.112 acre tract of land being in the existing eastern right of way
line of U.S. Highway 377 bears, South 89 deg. 47 min. 31 sec. East, a
distance of 31.02 feet;
(4) THENCE
ri ght
152.75
an ac
South 89 deg. 47 min. 31 sec. East departing said
of way line along said common property line for a
feet to the POINT OF BEGINNING, and containing in area
re of land, more or less.
-
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4- G - Wtota 4
OF.+r.
..................:...
BEaNARD H. OHEAC
............ ...
M.KS•. 4022.
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new western
distance of
of 0.213 of