R-3001-3-11RESOLUTION NO. 3001-3-11(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE PUBLIC NECESSITY EXISTS AND
FINDING A PUBLIC PURPOSE FOR THE ACQUISITION OF RIGHT-OF-WAY
AND ALL ATTACHED IMPROVEMENTS FOR CHELSEA BOULEVARD AND
RIDGEVIEW DRIVE AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO,
WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A
LAST AND FINAL OFFER AND AUTHORIZATION TO PURCHASE SAID RIGHT-
OF-WAY AND EASEMENTS FOR NST COMPENSATION AND, IF SUCH OFFER
IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS
IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; RATIFYING PRIOR
ACTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chelsea Boulevard and Ridgeview Drive are major thoroughfares identified on the adopted
Thoroughfare Plan, and,
WHEREAS, City staff has endeavored to acquire the right-of-way needed for the construction of Chelsea
Boulevard and Ridgeview Drive through negotiation, and,
WHEREAS, despite the most earnest of intentions to reach an agreement on the transaction of land, in some
cases an agreement cannot be reached and other legal means must be employed to secure the property rights
to make necessary improvements for the public welfare; and,
' WHEREAS, the City Council of the City of Allen, Collin County, Texas, finds it to be in the public interest
and to the benefit of the health, safety, and welfare of its citizens to acquire the necessary interests in real
property to build the Chelsea Boulevard and Ridgeview Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the above preamble of this Resolution are found to be
true and correct and are hereby incorporated herein for all purposes.
SECTION 2. The City Council of the City of Allen, Texas, hereby finds and determines that a public
necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire right-of-
way (or fee simple title, if necessary) and all attached improvements for the construction of Chelsea
Boulevard and Ridgeview Drive as described in the exhibits attached hereto, and made a part hereof for all
purposes.
SECTION 3. The City Manager or designee is hereby authorized on behalf of the City to acquire the
necessary right-of-way and all attached improvements for the construction of the aforesaid roads and, if
necessary, to attempt to agree on damages and compensation to be paid to the owners of the property in an
amount which is not less than the fair market value of interest in the respective properties to be acquired,
including damages to the remainder, if any, said offer being an amount which is not less than the amount set
forth in the independent appraisal of the interest in the respective property obtained by the City and provided
' to said property owners. In the event such offer is accepted, the City Manager or designee is hereby
authorized to negotiate and sign such contracts and other documents the City Manager determines to be
reasonable and necessary in order to close on the purchase of the above described public street and general
utility easement. If the City Manager or designee is unable to acquire the necessary right-of-way and attached
improvements, or determines that an agreement as to damages and compensation cannot be reached then the
City Manager or designee is authorized to make a last and final offer ofjust and adequate compensation to the
owners of the properties. If the last and final offer is not accepted the City Attorney or designee is hereby
' authorized to file or cause to be filed against the owners and interested parties of the properties, proceedings
in eminent domain to acquire such right-of-way or fee simple title as appropriate. To the extent any of the
foregoing actions have been taken by the City Manager and/or City Attorney prior to adoption of this
Resolution, such acts are hereby ratified and approved.
SECTION 4. If it is later determined that there are any errors in the descriptions contained herein or if later
surveys contain more accurate revised descriptions, the City Attorney or designee is authorized to have such
errors corrected or revisions made without the necessity of obtaining City Council approval authorizing the
condemnation of the corrected or revised property.
SECTION & This resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22nD DAY OF MARCH, 2011.
ATTEST:
' Shelley B. Ge434 CITY SECRE Y
1
APPVED:
Stephe .mall, MAYOR
Resolution No. 3001-3-I1(R), Page 2
ATTACHMENT
PAGE 1OF 13
' EXHIBIT A
RIGHT-OF-WAY
RIDGEVIEW DRIVE
Being a 6.202 acre strip of land situated in the F. Dosser Survey, Abstract No.
280 and the G. Phillips Survey, Abstract No. 701, Collin County, Texas and
being a portion of a tract of land conveyed to Cottonwood Management, LTD.
by deeds recorded as Instrument No. 98-0114030 and Instrument No. 98-
0114031, Deed Records of Collin County, Texas, said strip of land being more
particularly described by metes and bounds as follows:
Resolution No. 3001-3-11 (R), Page 3
BEGINNING at a 3/8 inch iron rod found at the northwest corner of said
Cottonwood tract, same being a common corner of a tract of land conveyed to
Southern One Twenty One Investments, LTD., recorded as Instrument No.
20060301000260150, in said Deed Records,
Thence North 89°40'53" East, a distance of 2,777.60 feet to the northeast
corner of said Cottonwood tract, on the west line of a tract of land conveyed to
Brookside Partners, LTD. by deed recorded as Instrument No. 97-0109658 of
said Deed Records,
Thence South 00°47'57" East, with the common line of said Cottonwood tract
and said Brookside tract, a distance of 12.07 feet to a 5/8 inch iron rod with a
plastic cap stamped "TNP" set on the proposed south right-of-way line of
Ridgeview Drive,
Thence with said proposed south right-of-way line of Ridgeview Drive the
following courses and distances:
South 87"17'12" West, a distance of 19.33 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP",
South 39°47'12" West, a distance of 27.02 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP";
South 87°17'12" West, a distance of 140.53 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP";
North 50°12'48" West, a distance of 29.49 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP";
South 87°17'12" West, a distance of 214.95 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP";
Resolution No. 3001-3-11 (R), Page 3
North 88°53'56" West, a distance of 150.33 feet to a 5/8 inch iron rod
with a plastic cap stamped "TNP" set at the beginning of a curve to the
right, having a radius of 5060.00 feet, and a chord that bears South
88°29'47" West, 209.28 feet;
Southwesterly, along said curve, an arc length of 209.30 feet to a 5/8
inch iron rod with a plastic cap stamped "TNP" set at the end of said
curve:
South 89°40'53" West, a distance of 1,047.01 feet to a 5/8 inch iron rod
with a plastic cap stamped "TNP" set at the beginning of a curve to the
left, having a radius of 940.00 feet, and a chord that bears South
71'58'37" West, 571.72 feet;
Southwesterly, along said curve, an arc length of 580.93 feet to a 5/8
inch iron rod with a plastic cap stamped "TNP" set at the end of said
curve;
South 42°04'15" West, a distance of 283.30 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP",
' South 48°20'57" West, a distance of 287.65 feet to a set 5/8 inch iron rod
with a plastic cap stamped "TNP" set on the west line of said
Cottonwood tract;
Thence North 00°48'05" West, with said line, a distance of 603.09 feet to the
POINT OF BEGINNING and containing 6.202 acres of land, more or less.
Bearings are based on the Texas State Plane Coordinate System, North
Central Zone (NAD83). See Exhibit B for sketch.
StE�phefh H. Roberson, RPLS
Texas Registration No. 4090
DATE: March 10, 2011
Resolution No. 3001-3-11(2), Nage 4
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6.202 ACRES
RIGHT-OF-WAY
Situated in the
F. Dosser Survey
Abstract No. 280 and
G. Phillips Survey
Abstract No. 701
City of Allen
Collin County, Texas
TEAGUE NALL AND PERKINS
�CNII Englneenn0I Sumayirp I Landscape AndlieeCum I Planning
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Resolution No. 3001-3-I1(R), Page 6
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Situated in the
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Abstract No. 280 and
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Abstract No. 701
City of Allen
Collin County, Texas
TEAGUE NALL AND PERKINS
�CNII Englneenn0I Sumayirp I Landscape AndlieeCum I Planning
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Resolution No. 3001-3-I1(R), Page 6
EXHIBIT A
' RIGHT-OF-WAY
CHELSEA BOULEVARD
Being a 3.367 acre strip of land situated in the F. Dosser Survey, Abstract No. 280 and
the G. Phillips Survey, Abstract No. 701, Collin County, Texas and being a portion of a
tract of land conveyed to Cottonwood Management, LTD. by deeds recorded as
Instrument No. 98-0114030 and Instrument No. 98-0114031, Deed Records of Collin
County, Texas, said strip of land being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast comer of said Cottonwood
Tract, same being a the most easterly northeast comer of a tract of land described as
Tract R, in a deed to Blue Star Allen Land, L.P., recorded as Instrument No. 2004-
0044103 of said Deed Records, also being in the west line of a tract of land conveyed
to Brookside Partners, LTD. by deed recorded as Instrument No. 97-0109658 of said
Deed Records;
Thence South 88"48'05" West, with the common line of said Cottonwood Tract and
said Blue Star Tract, a distance of 60.00 feet to a 5/8 inch iron rod with a plastic cap
stamped "TNP" set on the proposed west right-of-way line of Chelsea Boulevard
(County Road 196);
Thence with the proposed west right-of-way line of Chelsea Boulevard the following
' courses and distances:
North 00"47'57" West, a distance of 439.74 feet to a 5/8 inch iron rod with a
plastic cap stamped "TNP" set at the beginning of a curve to the left, having a
radius of 3,940.00 feet and a chord that bears North 04"15'22" West, 475.15
feet;
Northerly, along said curve to the left, an are length of 475.46 feet to a 5/8 inch
iron rod with a plastic cap stamped "TNP" set at the end of said curve;
North 07°42'48" West, a distance of 255.35 feet to a set 5/8 inch iron rod with a
plastic cap stamped "TNP";
North 11 "31'38" West, a distance of 150.33 feet to a set 5/8 inch iron rod with a
plastic cap stamped "TNP";
North 07"42'48" West, a distance of 249.07 feet to a set 5/8 inch iron rod with a
plastic cap stamped "TNP";
Thence North 87°17'12" East, a distance of 140.53 feet to a set 5/8 inch iron rod with a
plastic cap stamped "TNP";
Thence North 39"47'12" East, a distance of 27.02 feet to a set 5/8 inch iron rod with a
plastic cap stamped "TNP";
Resolution No. 30013-11(R). Page 7
1 Thence North 87°17'12" East, a distance of 19.33 feet to a set 5/8 inch iron rod with a
Plastic cap stamped "TNP" in the common line of said Cottonwood and Brookside
tracts;
1
1
Thence South 00°47'57" East, along the said common line of Cottonwood and
Brookside tracts, a distance of 1,567.93 feet the POINT OF BEGINNING and
containing 3.367 acres of land, more or less.
Bearings are based on the Texas State Plane Coordinate System, North Central Zone
(NAD83). See Exhibit B for sketch.
tep en H. Ro erson, RPLS
Texas Registration No. 4090
DATE: March 10, 2011
Resolution No. 3001-3-11(R), Page 8
Resolution No. 3001-3-1I(R), Page 9
�TT "B' ALLEN7ONNE MALL, LP
G. FITZHUGH SURVEY WST. 20060403000426310
'
ABSTRACT NO. 321 D.R.CCT
G. ESTES SURVEY p J. PHILLIPS SURl
ABSTRACT NO. 301 LB ABSTRACT NO. 7
SOUIMMM ONE MEN71' ONE INYES]MENT6, LAncw-�
INST N0 20060301000260150<1xP,O.R.C.CTCHELSEA
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1O. 2011 City of Allen
Oats Collin County, Texas
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Resolution No. 3001-3-1I(R), Page 9
EXHIBIT A
' RIGHT-OF-WAY
CHELSEA BOULEVARD
Being a 1.396 acre strip of land situated in the G. Estes Survey, Abstract No. 301, City of Allen,
Collin County, Texas and being a portion of a tract of land conveyed to Marvin E. Lebow,
Trustee, by deed recorded in Volume 1160, Page 765, Deed Records of Collin County, Texas,
said strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a TxDOT monument found at the northwest re-entrant comer of said Lebow
tract, on the south right-of-way line of State Highway No. 121 (a variable width right-of-way);
Thence North 07°20'06" East, with said right-of-way line, a distance of 20.16 feet to a 5/8 inch
iron rod with cap stamped "TNP' set on the proposed east right-of-way line of Chelsea
Boulevard (County Road 196), from which a found TxDOT monument bears North 07°20'06"
East, 81.48 feet;
Thence with the proposed east right-of-way line of said Chelsea Boulevard the following
courses and distances:
South 00°33'52" East, a distance of 245.37 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for comer,
South 03'14'58' West, a distance of 150.33 feet to a 5/8 inch iron rod with cap stamped
'TNP' set for comer;
South 00°33'52" East, a distance of 244.55 feet to a 5/8 inch iron rod with a plastic cap
' stamped "TNP' set in the south line of said Lebow tract, same being a north line of a
tract of land conveyed to Allentown Mall, LP, by deed recorded as Instrument No.
20060403000429310 of said Deed Records;
Thence South 89°3358" West, leaving said east right-of-way line, with said common line, a
distance of 92.89 feet to the southwest corner of said Lebow tract, from which a 112 inch iron
rod found at the most westerly northwest corner of said Allentowne tract bears South 89°33'58'
West, a distance of 15.43 feet;
Thence North 00°36'53" West, along the west line of said Lebow tract, a distance of 620.05 feet
to the most southerly northwest corner of said Lebow tract, same being on the aforementioned
south dghtof-way of State Highway No. 121;
Thence North 89'36'42" East, along a north line of said Lebow tract and along said south right-
of-way line, a distance of 100.66 feet to the POINT OF BEGINNING and containing 1.396 acres
of land, more or less.
Bearings are based on the Texas State Plane Coordinate System, North Central Zone
(NAD 63). See Exhibit B for sketch.
DATE: December 15, 2010
l,kawrence E. Allee, RPLS
Texas Registration No. 45707of
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Resolution No. 3001-3-11(R), Page 10
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EXHIBIT A
RIGHT-OF-WAY
CHELSEA BOULEVARD
Being a 0.083 acre strip of land situated in the G. Fitzhugh Survey, Abstract No.
321, Collin County, Texas and being a portion of the remainder of a tract of
land conveyed to Southern One Twenty One Investments, LTD. by deed
recorded as Instrument No. 20060301000260150, Deed Records of Collin
County, Texas, said strip of land being more particularly described by metes
and bounds as follows:
BEGINNING at a 112 inch iron rod found at the most easterly northeast comer
of the remainder of said Southern One Twenty One tract, same being the
southeast comer of a tract of land conveyed to 121 & Chelsea, L.P. by deed
recorded as Instrument No. 20071212001652280 in said Deed Records, also
being on the west line of a tract of land conveyed to Allentowne Mall, LP by
deed recorded as Instrument No. 20060403000429310 in said Deed Records;
Thence South 00"40'33" East, along the common line of said Southern One
Twenty One tract and said Allentowne Mall tract, a distance of 406.84 feet to a
5/8 Inch iron rod with a plastic cap stamped "TNP" set on the proposed west
right-of-way line of Chelsea Boulevard (County Road 196), same being the
beginning of a non -tangent curve to the right, having a radius of 4,060.00 feet
and a long chord that bears North 02`49'21" West, 319.92 feet;
Thence northerly, leaving said common tract line, with said proposed right-of-
way line, along said curve to the right, an arc length of 320.01 feet to a 5/8 inch
iron rod with a plastic cop stamped "TNP" set at the end of said curve;
Thence North 00'33'52" West, continuing with said proposed right-of-way line,
a distance of 87.14 feet to a 5/8 inch iron rod with a plastic cap stamped "TNP"
set for comer on the common line of said Southem One Twenty One tract and
said 121 & Chelsea tract;
Thence North 89"19'29" East, along said common line, a distance of 11.81 feet
to the POINT OF BEGINNING and containing 0.083 of an acre of land, more or
less.
Bearings are based on the Texas State Plain Coordinate System, North Central
Zone (NAD 83). See Exhibit B for sketch
±� IF .
DATE: September 8, 2010
126wrence E. Allee, RPLS
Texas Registration No. 4570
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Resolution No. 3001-3-11(R), Page 12
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SOUTHERN ONE TWENTY ONE
INVESTMENTS, LTO.
INST N0. 20060301000260150
O.R.CCT.
CHELSEA BOULEVARDS
(COUNTY ROAD 196)
(PROPOSED RIGHT—OF—WAY)
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1APPROX LOCATION
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MARWN E. LEBOW. TRUSTEE
VOL. 1160, P0, 765
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Situated in the
G. Fitzhugh Survey
Abstract No. 321
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City of Allen
Collin County. T8%O9
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TEAGUE NALL AND PERKINS
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IOF SURWY LINOX E
0.085 ACRE
RIGHT-OF-WAY
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Situated in the
G. Fitzhugh Survey
Abstract No. 321
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Reglstrotlm No. 4570
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City of Allen
Collin County. T8%O9
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TEAGUE NALL AND PERKINS
CMI Engineering I Surveysp I Landscape Anriilectule I Planning
INC. irwi mweoan
Resolution No. 3001-3-1 JIM) Page 13
ATTACHMENT
PAGE 12 OF 13
EXHIBIT A
RIGHT-OF-WAY
RIDGEVIEWIEW DRIVE
Being a 3.873 acre strip of land situated in the F. Dosser Survey, Abstract No. 280,
and the G. FiWugh Survey, Abstract No. 321, Collin County, Texas and being a
Portion of a tract of land conveyed to Southern One Twenty One Investments, LTD. by
deed recorded as Instrument No. 20080301000260150, Dead Records, Collin County,
Texas, saitl strip of laid being more particularty described by metes and bounds as
follows:
Commencing at a 318 inch iron rod found at a reentrant tamer of said Southern One
Twenty One tract, same being the northwest corner of a tract of land conveyed to
Cottonwood Management. LTO., by deeds recorded as Instrument No. W0114030
and Instrument No. 98-0114031 in said Deed Records;
Thence North 89'38'55' East, along the south line of said Southern One Twenty One
tract, a distance of 529.97 feet to a 518 inch iron rod with a plastic cep Stamped'TNP'
set at the POINT OF BEGINNING, being on the proposed right-of-way line of
Ridgeview Drive, sam being the beginning of a non -tangent curve to the right, having
a radius of 1,060.00 feet and a chord that bean North 77°47'05' East, 435.10 fee(
Thence leaving said trap line, along the north line of said proposed right-of-way and
said curve, in a northeasterly direction, through a central angle of 23'41'11', an aro
length of 438.21 feel to a 518 inch iron rod with a plastic cap stamped'TNP' set at the
end of sold curve;
Thence continuing with said rwM rtghlof-way line of Ridgevlew Drives the following
courses and distances:
North 87'1T12" East, a distance of 143.99 feet to a 518 inch Iron rod with a
plastic cep stamped TNP' set on the east line of said Southern One Twenty
One tract, same being the west line of a tract of lard conveyed to Allentumis
Mall, LP by deed recorded as Instrument No. 20060403000429310, in said
Deed Records;
Thence South 00°40'33" East, along said common tract line, passing at 100.02 feet a
518 inch iron rod found at the southwest comer of said Allentowne tract and continuing
a" said east tract line, in all, a distance of 115.06 feet to the most easterly
southeast comer of saitl Southern One Twenty One tract
Thence South 89'38'55" West, along said south tract line, a distance of 1,972.02 feet
to the POINT OF BEGINNING and containing 3.873 acres of land, more or lass.
Bearings are used on the Texas State Plane Coordinate System, North Central Zona
(NAD 83). See Exle'b4 B forskatch.
ML
. ` DATE: September 16, 2010
Lawrence% E. Alae, RP S
Texas Registration No. 4570 ,ft iia7f+
4'eCM2 C N16
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Resolution No. 3001.3-11fR3, Page 14
North 89°4('53' East, a distance of 1,048.00 feet to a 5/8 inch iron rod with a
plastic cep stamped'TNP' set at the beginning of a tangent curve to the left,
having a radius of 4,940.00 feet;
'
Easterly, along said curve to the left, through a central angle of 02°22'1 D', an
arc length of 204.28 feat to a 518 inch Iron rod with a plastic cap stamped'TNP'
set at Bre end of said curve;
North 83'28'22" East, a distance of 150.33 feet to a 518 inch Iron rod with a
plastic W sti mped TNP' set for comer,
North 87'1T12" East, a distance of 143.99 feet to a 518 inch Iron rod with a
plastic cep stamped TNP' set on the east line of said Southern One Twenty
One tract, same being the west line of a tract of lard conveyed to Allentumis
Mall, LP by deed recorded as Instrument No. 20060403000429310, in said
Deed Records;
Thence South 00°40'33" East, along said common tract line, passing at 100.02 feet a
518 inch iron rod found at the southwest comer of said Allentowne tract and continuing
a" said east tract line, in all, a distance of 115.06 feet to the most easterly
southeast comer of saitl Southern One Twenty One tract
Thence South 89'38'55" West, along said south tract line, a distance of 1,972.02 feet
to the POINT OF BEGINNING and containing 3.873 acres of land, more or lass.
Bearings are used on the Texas State Plane Coordinate System, North Central Zona
(NAD 83). See Exle'b4 B forskatch.
ML
. ` DATE: September 16, 2010
Lawrence% E. Alae, RP S
Texas Registration No. 4570 ,ft iia7f+
4'eCM2 C N16
w i�ro
� L e:.. yo
4p Su0.vf
Resolution No. 3001.3-11fR3, Page 14
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SURVEY
INST. NO. T11506
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29310
ABSTRACr NO. 701
D.R.C.C.T.
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Resolution No. _— _ Page 15