House Bill hb0959e1

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                                       HB 959, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Volusia County; providing

  3         for extension of the corporate limits of the

  4         City of South Daytona and the City of Port

  5         Orange; providing for the annexation of the

  6         unincorporated areas lying between the City of

  7         South Daytona and the City of Port Orange;

  8         providing an effective date.

  9

10         WHEREAS, the Legislature finds that there are small,

11  unincorporated areas located between the City of South Daytona

12  and the City of Port Orange that create significant growth

13  management and local government service problems for both of

14  these cities as well as Volusia County, and

15         WHEREAS, the City of South Daytona has held multiple

16  public meetings and the City of Port Orange has agreed to meet

17  separately with each property owner to provide the residents

18  and property owners of the areas to be annexed with

19  information regarding the effects of annexation on matters

20  such as the cost and delivery of governmental services, the

21  application and enforcement of the comprehensive plan and

22  building codes, and other relevant matters, and

23         WHEREAS, these meetings also provide a forum for

24  members of the public to ask questions and express their views

25  regarding the proposed annexation, and

26         WHEREAS, Volusia County, the City of South Daytona, and

27  the City of Port Orange have agreed that these unincorporated

28  areas should be annexed into the cities, NOW, THEREFORE,

29

30  Be It Enacted by the Legislature of the State of Florida:

31


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                                       HB 959, First Engrossed/ntc



  1         Section 1.  The following described parcels are annexed

  2  into the corporate limits of the City of South Daytona, and

  3  the corporate limits of the City of South Daytona are amended

  4  to incorporate said annexed property:

  5

  6         LOT 2 AND THE NORTH 50 FEET OF LOT 3, BLOCK 6

  7         OF THE DUNLAWTON SUBDIVISION AS PER THE

  8         OFFICIAL RECORDS BOOK 2, PAGE 0398, AND

  9

10         THE SOUTHERLY 264 FEET OF LOT 3, BLOCK 7 OF THE

11         DUNLAWTON SUBDIVISION AS PER THE OFFICIAL

12         RECORDS BOOK 2, PAGE 0398 INCLUDING THE 30-FOOT

13         WIDTH OF ALICE AVENUE RIGHT-OF-WAY BORDERING

14         LOT 3, BLOCK 7 OF THE DUNLAWTON SUBDIVISION,

15         AND

16

17         LOT 1 BLOCK 10 OF THE DUNLAWTON SUBDIVISION AS

18         PER THE OFFICIAL RECORDS BOOK 3564, PAGE 0920,

19         AND

20

21         THE EAST 557.03 FEET OF THE SOUTHERLY LINE WEST

22         OF JACKSON STREET OF THE SOUTH 219.47 FEET

23         NORTH OF ALICE AVENUE IN LOT 3, BLOCK 8 OF THE

24         DUNLAWTON SUBDIVISION, INCLUDING THE WEST 15

25         FEET OF THE VACATED JACKSON STREET RIGHT-OF-WAY

26         AS PER OR BOOK 3995, PAGE 2101 AND THE EAST

27         559.03 FEET ON THE NORTHERLY LINE WEST OF

28         JACKSON STREET OF THE NORTH 219.47 FEET OF THE

29         SOUTH 438.94 FEET NORTH OF ALICE AVENUE IN LOT

30         3, BLOCK 8 OF THE DUNLAWTON SUBDIVISION,

31         INCLUDING THE WEST 15 FEET OF THE VACATED


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                                       HB 959, First Engrossed/ntc



  1         JACKSON STREET RIGHT-OF-WAY PER OR BOOK 3995,

  2         PAGE 2101, AND

  3

  4         BEGINNING AT A CONCRETE MONUMENT MARKING THE

  5         NORTHWEST CORNER OF LOT 4, BLOCK 1, MAP OF

  6         DUNLAWTON AS RECORDED IN MAP BOOK 14, PAGE 82

  7         AND 83; THENCE NORTH 63° 20' 29" EAST A

  8         DISTANCE OF 376.13 FEET TO A POINT; THENCE

  9         SOUTH 26° 55' 22" EAST A DISTANCE OF 200.05

10         FEET TO A POINT ON THE NORTH LINE OF A 20-FOOT

11         EASEMENT; THENCE NORTH 63° 20' 29" EAST A

12         DISTANCE OF 194.83 FEET TO A POINT, POINT BEING

13         THE INTERSECTION OF SAID LINE AND THE WESTERLY

14         RIGHT-OF-WAY OF NOVA ROAD; THENCE NORTHERLY

15         ALONG SAID RIGHT-OF-WAY LINE AS SHOWN BY THE

16         AFOREMENTIONED STATE OF FLORIDA RIGHT-OF-WAY

17         MAP, SHEET 6 OF 17 TO A POINT OF INTERSECTION

18         OF SAID RIGHT-OF-WAY WITH THE SOUTHERLY LINE OF

19         LOT 1, BLOCK 8, MAP OF DUNLAWTON AS RECORDED IN

20         MAP BOOK 14, PAGES 82 AND 83, AND DEED BOOK M,

21         PAGE 187 OF THE PUBLIC RECORDS OF VOLUSIA

22         COUNTY, FLORIDA; THENCE EASTERLY ALONG THE

23         SOUTHERLY LINE OF SAID LOT 1 A DISTANCE OF

24         32.43 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF

25         AFOREMENTIONED NOVA ROAD; THENCE NORTHERLY

26         ALONG SAID WESTERLY RIGHT-OF-WAY LINE AS SHOWN

27         BY THE AFOREMENTIONED STATE OF FLORIDA RIGHT-OF

28         WAY MAP SHEET 8 OF 17, SHEET 7 OF 17, AND SHEET

29         6 OF 17 TO A POINT 75.01 FEET SOUTHERLY, AS

30         MEASURED ALONG SAID WESTERLY RIGHT-OF-WAY LINE,

31         FROM THE NORTHERLY LINE OF LOT 1, BLOCK 8, MAP


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                                       HB 959, First Engrossed/ntc



  1         OF DUNLAWTON AS RECORDED IN MAP BOOK 14, PAGES

  2         82 AND 83, AND DEED BOOK M, PAGE 187 OF THE

  3         PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA;

  4         THENCE WESTERLY, PARALLEL TO THE NORTHERLY LINE

  5         OF SAID LOT 1, BLOCK 8, A DISTANCE OF 18.33

  6         FEET TO THE WESTERLY RIGHT-OF-WAY LINE AS SHOWN

  7         BY THE AFOREMENTIONED STATE OF FLORIDA

  8         RIGHT-OF-WAY MAP, SHEET 6 OF 17 AND DESIGNATED

  9         AS EXISTING RIGHT-OF-WAY; THENCE NORTHERLY

10         ALONG SAID LINE TO A POINT OF INTERSECTION WITH

11         SAID RIGHT-OF-WAY AND THE SOUTHERLY LINE OF LOT

12         141 OF BLAKE'S SUBDIVISION AS RECORDED IN DEED

13         BOOK "E", PAGE 150, MAP BOOK 1, PAGE 38, AND

14         MAP BOOK 15, PAGE 119 OF THE PUBLIC RECORDS OF

15         VOLUSIA COUNTY, FLORIDA; THENCE WESTERLY ALONG

16         SAID SOUTHERLY LINE OF LOT 141 TO THE WESTERLY

17         LINE OF SECTION 42, TOWNSHIP 15 SOUTH, RANGE 33

18         EAST, BEING THE SOUTHWESTERLY CORNER OF SAID

19         LOT 141; THENCE SOUTHERLY ALONG SAID SECTION

20         LINE TO THE SOUTHWESTERLY CORNER OF SAID

21         SECTION, THENCE EASTERLY ALONG SAID SOUTHERLY

22         LINE OF SECTION 42, TOWNSHIP 15 SOUTH, RANGE 33

23         EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY

24         LINE OF REED CANAL ROAD. THENCE EASTERLY ALONG

25         SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION OF

26         SAID RIGHT-OF-WAY AND THE WESTERLY LINE OF

27         SECTION 43, TOWNSHIP 15 SOUTH, RANGE 33 EAST.

28         THENCE SOUTHERLY ALONG SAID WESTERLY LINE ON

29         SECTION 43, TOWNSHIP 15 SOUTH, RANGE 33 EAST TO

30         THE POINT OF BEGINNING, AND

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                                       HB 959, First Engrossed/ntc



  1         BEGINNING AT THE INTERSECTION OF THE NORTHERLY

  2         LINE OF LOT 146 OF BLAKE'S SUBDIVISION AS

  3         RECORDED IN DEED BOOK "E", PAGE 150, MAP BOOK

  4         1, PAGE 38, AND MAP BOOK 15, PAGE 119 OF THE

  5         PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND

  6         THE WESTERLY LINE OF SECTION 42, TOWNSHIP 15

  7         SOUTH, RANGE 33 EAST, BEING THE NORTHWESTERLY

  8         CORNER OF SAID LOT 142; THENCE EASTERLY ALONG

  9         THE NORTHERLY LINE OF SAID LOT 146 A DISTANCE

10         OF 1360.46 FEET AS SHOWN BY THE OFFICIAL STATE

11         OF FLORIDA RIGHT-OF-WAY MAP FOR STATE ROAD 400

12         SECTION 79001-2501, SHEET 9 OF 17; THENCE

13         SOUTHERLY 282.42 FEET TO A POINT IN THE

14         NORTHERLY RIGHT-OF-WAY OF CONNIE PLACE AS SHOWN

15         BY THE MAP OF BECKMAN SUBDIVISION AS RECORDED

16         IN MAP BOOK 39, PAGE 187 OF THE PUBLIC RECORDS

17         OF VOLUSIA COUNTY, FLORIDA, SAID POINT BEING A

18         DISTANCE OF 57.42 FEET AS MEASURED EASTERLY

19         ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FROM THE

20         NORTHWESTERLY CORNER OF SAID CONNIE PLACE;

21         THENCE SOUTHEASTERLY TO THE POINT OF

22         INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF

23         BECKMAN DRIVE AS SHOWN BY THE MAP OF BECKMAN

24         SUBDIVISION AS RECORDED IN MAP BOOK 39, PAGE

25         187 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,

26         FLORIDA,, SAID POINT BEING THE POINT OF

27         CURVATURE OF A CURVE IN THE RIGHT-OF-WAY OF

28         BECKMAN DRIVE CONNECTING SAID RIGHT-OF-WAY LINE

29         TO THE SOUTHERLY RIGHT-OF-WAY LINE OF

30         AFOREMENTIONED CONNIE PLACE; THENCE SOUTHERLY

31         ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF


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                                       HB 959, First Engrossed/ntc



  1         BECKMAN DRIVE TO THE NORTHEASTERLY CORNER OF

  2         LOT 39, BECKMAN SUBDIVISION AS RECORDED IN MAP

  3         BOOK 39, PAGE 187 OF THE PUBLIC RECORDS OF

  4         VOLUSIA COUNTY, FLORIDA; THENCE SOUTHERLY ALONG

  5         THE EASTERLY LINE OF SAID LOT 39 TO THE

  6         NORTHERLY LINE OF LOT 143 OF BLAKE'S

  7         SUBDIVISION AS RECORDED IN DEED BOOK "E", PAGE

  8         150, MAP BOOK 1, PAGE 38, AND MAP BOOK 15, PAGE

  9         119 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,

10         FLORIDA; THENCE EASTERLY ALONG SAID NORTHERLY

11         LINE OF LOT 143 TO THE WESTERLY RIGHT-OF-WAY

12         LINE OF AFOREMENTIONED NOVA ROAD AS SHOWN BY

13         THE AFOREMENTIONED STATE OF FLORIDA RIGHT-OF

14         WAY MAP SHEET 9 OF 17; THENCE SOUTHERLY ALONG

15         SAID WESTERLY RIGHT-OF-WAY LINE AS SHOWN BY THE

16         AFOREMENTIONED STATE OF FLORIDA RIGHT-OF WAY

17         MAP SHEET 9 OF 17 AND SHEET 8 OF 17 TO THE

18         NORTHERLY LINE OF LOT 142 OF BLAKE'S

19         SUBDIVISION AS RECORDED IN DEED BOOK "E", PAGE

20         150, MAP BOOK 1, PAGE 38, AND MAP BOOK 15, PAGE

21         119 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,

22         FLORIDA; THENCE WESTERLY ALONG SAID NORTHERLY

23         LINE OF LOT 142 TO THE WESTERLY LINE OF SECTION

24         42, TOWNSHIP 15 SOUTH, RANGE 33 EAST, BEING THE

25         NORTHWESTERLY CORNER OF SAID LOT 142; THENCE

26         NORTHERLY ALONG SAID WESTERLY LINE OF SECTION

27         42, TOWNSHIP 15 SOUTH, RANGE 33 EAST, TO THE

28         POINT OF BEGINNING.

29

30         Section 2.  The following described parcels are annexed

31  into the corporate limits of the City of Port Orange, and the


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                                       HB 959, First Engrossed/ntc



  1  corporate limits of the City of Port Orange are amended to

  2  incorporate said annexed property:

  3

  4         THE SOUTH 50 FEET OF THE EAST 500 FEET OF LOT

  5         2, BLOCK 12, MAP OF DUNLAWTON AS RECORDED IN

  6         MAP BOOK 14, PAGES 82-83 OF THE PUBLIC RECORDS

  7         OF VOLUSIA COUNTY, FLORIDA, and

  8

  9         THE NORTH 1/2 OF LOT 2, BLOCK 10, MAP OF

10         DUNLAWTON AS RECORDED IN MAP BOOK 14, PAGES

11         82-83 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,

12         FLORIDA, TOGETHER WITH THE EASTERLY 15 FEET OF

13         DAME STREET LYING SOUTH OF THE EASTERLY

14         EXTENSION OF THE NORTH LINE OF SAID LOT 2 AND

15         LYING NORTH OF THE EASTERLY EXTENSION OF THE

16         SOUTH LINE OF THE NORTH 1/2 OF SAID LOT 2, and

17

18         THE WEST 1/2 OF LOT 4, BLOCK 10, MAP OF

19         DUNLAWTON AS RECORDED IN MAP BOOK 14, PAGES

20         82-83 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,

21         FLORIDA, TOGETHER WITH THAT PORTION OF JACKSON

22         STREET LYING SOUTH OF THE WESTERLY EXTENSION OF

23         THE NORTH LINE OF SAID LOT 4 AND NORTH OF THE

24         NORTHERLY RIGHT-OF-WAY LINE OF MADELINE AVENUE.

25

26         A PORTION OF MAGNOLIA GROVE SUBDIVISION, AS

27         RECORDED IN MAP BOOK 14, PAGE 104 OF THE PUBLIC

28         RECORDS OF VOLUSIA COUNTY, FLORIDA, TOGETHER

29         WITH A PART OF LOT 4, BLOCK 8, AND ALL OF LOT

30         1, BLOCK 9, MAP OF DUNLAWTON, MAP BOOK 14,

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                                       HB 959, First Engrossed/ntc



  1         PAGES 82-83, SAID PUBLIC RECORDS, MORE

  2         PARTICULARLY DESCRIBED AS FOLLOWS:

  3

  4         BEGINNING AT THE SOUTHWEST CORNER OF LOT 1,

  5         BLOCK 8, SAID MAP OF DUNLAWTON, SAID CORNER

  6         ALSO BEING THE NORTHWEST CORNER OF LOT 4, BLOCK

  7         8, SAID MAP OF DUNLAWTON; THENCE EAST ALONG THE

  8         NORTH LINE OF SAID LOT 4 TO THE WEST RIGHT OF

  9         WAY LINE OF NOVA ROAD, AS NOW LAID OUT AND IN

10         USE; THENCE SOUTH ALONG SAID WEST RIGHT OF WAY

11         LINE TO THE SOUTH RIGHT OF WAY LINE OF ALICE

12         STREET AS SHOWN ON SAID MAP OF DUNLAWTON;

13         THENCE EASTERLY ALONG SAID SOUTH LINE OF ALICE

14         STREET TO THE NORTHWEST CORNER OF LOT 2 BLOCK

15         9, SAID MAP OF DUNLAWTON; THENCE SOUTHERLY

16         ALONG THE WEST LINE OF SAID LOT 2, BLOCK 9 TO

17         THE NE CORNER OF LOT 4, BLOCK 9, SAID MAP OF

18         DUNLAWTON; THENCE WESTERLY ALONG THE NORTH LINE

19         OF SAID LOT 4, BLOCK 9 TO THE NORTHWEST CORNER

20         OF SAID LOT 4; THENCE WESTERLY ALONG THE NORTH

21         LINE OF LOTS 6 AND 7, SAID MAP OF MAGNOLIA

22         GROVE, TO THE EASTERLY LINE OF GOVERNMENT LOT

23         2, SECTION 5, TOWNSHIP 17 SOUTH, RANGE 33 EAST;

24         THENCE NORTH ALONG SAID EAST LINE OF GOVERNMENT

25         LOT 2 TO THE NATURAL BOUNDARY OF BUTLER BRANCH

26         AND THE SOUTH LINE OF THAT PARCEL AS RECORDED

27         IN OFFICIAL RECORDS BOOK 1724, PAGE 1902, SAID

28         PUBLIC RECORDS,

29

30         (OFFICIAL RECORDS BOOK 1724, PAGE 1902 - LOT 1,

31         BLOCK 8, EXCEPT THE NORTHERLY 75 FEET THEREOF,


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                                       HB 959, First Engrossed/ntc



  1         DUNLAWTON, AS RECORDED IN DEED BOOK "M", PAGE

  2         187, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA,

  3         AND A PART OF LOT 1, SUBDIVISION OF LOTS 1, 2,

  4         AND 4, SECTION 5, TOWNSHIP 16 SOUTH, RANGE 33

  5         EAST, LYING WEST AND NORTH OF THE FOLLOWING

  6         DESCRIBED LINE COMMENCING AT THE SOUTHWEST

  7         CORNER OF LOT 1, BLOCK 8, DUNLAWTON; THENCE

  8         S65°W A DISTANCE OF 500 FEET; THENCE TO A POINT

  9         WHICH LIES 600 FEET S65°W OF THE SOUTHWEST

10         CORNER OF LOT 4, BLOCK I, DUNLAWTON; THENCE TO

11         THE NEAREST POINT WHERE THE LINE WILL STRIKE

12         THE NATURAL BOUNDARY OF "BUTLER BRANCH"; THENCE

13         FOLLOWING THE COURSE THEREOF IN A GENERAL

14         WESTERLY DIRECTION OT THE WEST LINE OF LOT 2,

15         SECTION 5, TOWNSHIP 16 SOUTH, RANGE 33 EAST, AS

16         RECORDED IN MAP BOOK 2, PAGE 69, PUBLIC RECORDS

17         OF VOLUSIA COUNTY, FLORIDA, EXCEPTING THEREFROM

18         THE FOLLOWING DESCRIBED PARCEL:  COMMENCE AT A

19         CONCRETE MONUMENT MARKING THE NORTHWEST CORNER

20         OF SAID LOT 4, BLOCK 1, DUNLAWTON; THENCE S25°E

21         ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE

22         OF 410.5 FEET TO THE POINT OF BEGINNING; THENCE

23         WEST ALONG THE NORTH LINE OF LOT 1, SUBDIVISION

24         OF LOT 1, 2, AND 4, SECTION 5, TOWNSHIP 16

25         SOUTH, RANGE 33 EAST, AFORESAID, A DISTANCE OF

26         551.68 FEET TO A POINT; THENCE S25°E, A

27         DISTANCE OF 572.65 FEET TO A POINT; THENCE

28         N65°E A DISTANCE OF 500 FEET TO A POINT IN THE

29         WEST LINE OF BLOCK 8, DUNLAWTON; THENCE NORTH

30         ALONG THE WEST LINE OF BLOCKS 1 AND 8,

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                                       HB 959, First Engrossed/ntc



  1         DUNLAWTON, A DISTANCE OF 339.5 FEET TO THE

  2         POINT OF BEGINNING.

  3

  4         ALSO DESCRIBED AS: LOT 1, BLOCK 8, EXCEPT THE

  5         NORTHERLY 75 FEET THEREOF, DUNLAWTON, AS

  6         RECORDED IN DEED BOOK "M", PAGE 187, PUBLIC

  7         RECORDS OF VOLUSIA COUNTY, FLORIDA, AND A PART

  8         OF LOT 1, SUBDIVISION OF LOTS 2 AND 4 OF

  9         SECTION 5, TOWNSHIP 16 SOUTH, RANGE 33 EAST,

10         BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

11         BEGIN AT THE SOUTHWEST CORNER OF LOT Q, BLOCK

12         8, SAID DUNLAWTON SUBDIVISION; THENCE

13         S65°14'55"W A DISTANCE OF 540.47 FEET; THENCE

14         S15°56'27"E A DISTANCE OF 705 FEET MORE OR LESS

15         TO THE NATURAL BOUNDARY OF "BUTLER BRANCH";

16         THENCE FOLLOWING THE COURSE THEREOF IN A

17         GENERAL WESTERLY DIRECTION TO THE WEST LINE OF

18         LOT 2, SECTION 5, TOWNSHIP 16 SOUTH, RANGE 33

19         EAST, AS RECORDED IN MAP BOOK 2, PAGE 68,

20         PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA;

21         THENCE N0°50'10"E ALONG THE WEST LINE OF SAID

22         U.S. LOT 2, A DISTANCE OF 2100 FEET MORE OR

23         LESS; THENCE S26°59'44"E A DISTANCE OF 572.75

24         FEET; THENCE N63°00'16"E A DISTANCE OF 500

25         FEET; THENCE S26°59'44"E A DISTANCE OF 585 FEET

26         TO THE POINT BEGINNING);

27

28         THENCE EASTERLY AND NORTHERLY ALONG THE

29         BOUNDARY OF SAID DESCRIBED PARCEL TO THE POINT

30         OF BEGINNING.

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                                       HB 959, First Engrossed/ntc



  1         Section 3.  The above-described areas subject to

  2  annexation shall be subject to all laws, ordinances, and

  3  regulations in force in the respective annexing municipality

  4  and shall be entitled to the same privileges and benefits as

  5  other parts of the respective annexing municipality upon the

  6  effective date of this act. If any of the above-described

  7  parcels are subject to the Volusia County land use plan and

  8  Volusia County zoning or subdivision regulations, such plan

  9  and regulations shall remain in full force and effect until

10  the respective annexing municipality adopts a comprehensive

11  plan amendment that includes the above-described property. The

12  above-described properties shall be subject to the ad valorem

13  taxes and debts of the respective annexing municipality upon

14  the effective date of this act.

15         Section 4.  This act shall take effect on October 1,

16  2002.

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