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PC 85-25RESOLUTION N0. PC85-25 A RESOLUTION OF THE ANAHEIFI CITY PLANNING CUMMISSI01! THAT PETITION FOR RECLASSIFICATION N0. 64-85-'L1 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from ORANGE COUNTY FLOOD CONTROL DISTRICT, 811 North Broadway, Santa Ana, Califocnia 92702, ATTtd: JOHN SHADDY, owner, and ACCESS WESTh1INSTER, INC., 8100 Garden Grove Boulevard, Garden Grove, Calif.ornia 92644, ATTN: DIARGARET KILE, PAULA MARGESON, agent for certain real property situated in the City oE Anaheim, County uf Orange, State of California, described as follows: SEE "EXHIBIT A" WHEREAS, the City Planning Commission did hald a public hearing at the Civic Center in the City of Anaheim on January 21, 1985 at 1:30 p.m., notice of said public hearing having been duly given as required by iaw and in accordance with the provisions of the Anahe:m Municipal Code. Chapter ]°,03, to hear and consider evidence for and against said proposed reclassific.:ion and to investigate and make findings and recommendations in connection therewitY; and WNEREAS, said Commission, after due inspection, investigation and study made by it~elf and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Thac the petitioner proposes reclaa~iiicatior of subject property Erom the RS-A-43,000 (Residential/AgriculLi:ra1) Zone to the RM-1200 (Residential, F]ultiple-Family) Zone. Z. That the A~aheim General Plan designates subject property for medium density resifiential land uses. 3. That the proposed reclassification of subject property is necessary and/or desirable foc the orderly and pcoper development of the conununi ty. 4. That the pror.;.;ed reclassi£ication of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses ' " generally established throughout the community. 5. That the proposed reclassification of subject property requires the improvement of abutting streets in accordance with the Circulation Element of the Genera~ Plan, due to the anticipated increa~e in traffic which will be generated by the int.ensification of land use. 6. T;~at nc one indicated their presence at said public hearing in opposition; and that no cocrespondence was received in opposition to subject patition. ~0422r PC85-i,5 v..,, ..... . ___ _ .__. ~ ~ .-~ CommissionE!~as~~rNevie ed theAoroposalito. re lassifthe,"~ ect ~m City Planning RS-A-43,000 (Residential/Agricultural) ZonF y ~ Property from the Multiple-Family) Zone to construrt Lo the Rt4-1200 (Residential, (?ortion B) apartment complex for the handica ~Portion A) and a 26-unit number and type of APed with waivers of minimum irregularly-Sha ed P~rking spaces and minimiim fluor area on an P parcel of land consisting of apFroximately 1.7 acres, having a Er.ontage of approximately 293 feet on the ~aouth side of Erontera Street and furthec desr_ribed as 3050 East Fronteca Street; and does hereby approve the Negative Declaration upon Einding that it has considered the Negative Declaration together with any comments received during the public review pcoeess and Eurther fincting on the basis of the initial study and any comtnents received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEFEPORE, °E IT RESOLVED that the Anaheim City Planning Commission does heraby grant subject Petition for Reclassi£ication a7d, by so doing, that Title 18-ZOning of the Anaheim Municipal Code be amended to exclude the above-described property fcom t:~e P.S-A-43,000 (Residential/Agricultural) Zone and to incorporate said described property into the RD1-1200 (Residential, Multiple-Family) Zone upon the °o.ilowing conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order L-o preserve the safety and general welfare of the Citizens of the City of Anaheim: 1• that the owner oE subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 51 Eeet in width from the centerline of the street along Frontera SEreet for stre~t widening pur.pose~. z• That prior to the introduction of an ordinance rezoning subject property, the applicant shall post a bond with the City in an amount aPproved by the City Engineer ano in a form approved by the City Attorney guaranteeing compliance with Condition Na, 1~ above-menrioned, by eithec the irrevocable oE.fer of dedication op such right-of-~iay by the applicant at such time as the applicant acq;:ires title to the subject property, but not later than ninety ~9~) days followi~ig the e£fective date of such ordinance; or payxny the cost of acquisition oP suci~ rignt-oF-way by the City within thirty (30) days folloc~ing such acquisition by the City, includina all attorney s fees, costs and expenses in~urred by or imposed upon the City in connection with such acquisition. BE IT FURTNER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all oi the conditions hereinabove set forth. Should any such condi;ion, or any part thereof, be declared invalid or unenferceable by the finat judgment of any court o£ competent jurisdiction, then this Resolution, and any approvals herein contained, shall be dee~red null and void. -2- YC85-25 ~ • _._ . _ M3~ - ~ . . . .. iHE FUR~GOI~G RESOLGTION is signed and approved by me this 21st day of ~anuary, 1985. ~ ~ __ i ~ ~ _ \ ., ~,'. " -'~~`~' ' l i°~ . '~'- -CHAIRMAN,`ANAH~ M'rCITY PLANNIN~ COMMISSiOH ATTEST: n `~` A SECRETARY~ ANAHEIM CITY PLANNING COMDIISSION STATE OF CALZFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Rdith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Ar~3heim City Planning Commiss.ior, held on January 21, 1985, by the tollowing vote of the members thereof: AYES: CONIt•fISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE~ MC BORNEY NOES: COMMiSSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNCSS WHE[tBOF, I Have hereunto set my hand this 215t day .f January, 1985. ~'~e~'~ ~C`~ .tic_.~. SECRGTARY, ANAHEIM CITY PLANNING COMMISSION -3- PC85-25 84257 1~35035 . , ,. ~ TICqR 7ITLE INSURANCE C~MPANY OF CALIF~,<NTA DESCRIFTION: PARCEL A: 0 THAT P~KTION OF THE WEST 443.7 FEET OF THAT 20 ACRE PAFCEL SHtlWN AS LQT 2A IN EiLOCK K OF THE KRAEMER TF~aGT, IN TI-!E CITY OF !-1NAhIEIM, COUN7Y OF OR(~NGE, STf~TE OF CALI~'OkNIA AS PER MAF RECORDED IN F10QK 12 PAGFS £!7 AND E38 OF MISCcI.LANEOUS RECOFDS, IN TI-IE OFFICF OF TFIE CQUNTY•F[CORDER OF LOS ANGELES COUNTY, CALIFOFINIA, EXCEF7 TI1AT PORTION GRAN7ED TO THE STATE OF CALIFORNIA BY DEED FECORDEb AF'RIL 1, 1955 TN ROOK 3016 F'AGE 486, OFFICIAL RECOFDS OF OF:ANGE COU~lTY, CALIFOkNIA. ?HAT IS INCLUAED WTTHIN A S?RIP OF LAND f15.~~ FEET TN WIATH, LYING 57.50 FEET GN EACF1 SIDE OP A LINE DE.iCRIRED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTEFLIHE OF THE RIVERSIDE i"REEWAY, SAID POINT NEIi~G DISTANT FlLONG SAID CENTERLINF SOUTH 73 DEGREES 14 MINUTES 43 SECONDS WEST, 19f.40 FEET FROM A STATE NIGH~AY MO?lUHENT WZTH A BkASS DISK LABEIED 'STATTON 440+00'; THENCC FFOM SAID FOINT OF BEGI~lNING SOUTH 8 DEGFEES ~5 MIMUTES 46 SECONDS WEST, i0f9.70 FEET TO THE REGINNING OF A TANGEN7 CURYE CONCf~YE WESTEFLY ~aND Hf~VING A RADIUS OF 3200.00 FEET; TI-lENCE SOUTFIWESTEfiLY ALONG SAID CURVE THROUGH A CENTRAt. A~.'GLE OF 2 DEGkEES 56 MINUTES Q9 SECONDS, AN AFC DISTANCE OF 163.97 FEET TO A F'OINT DISTl~NT Rf~DI~aLLY SOUTH 13 DEGREES 33 MINUTES ~5 SECONAS EAS7, 57.5~ FEET FROM AN IRON FIFE: MARKING THE SOUTHWEST CORNEk OF LOT 24 OF RLOCK K OF THE I<R(~EMER TF:l1CT; TI-IFNCF COI~TINUING ALONG SAID CUR'JE TO THE NORTH LINE OF THE ROADWAY EASENENT DEEDED TO T}1E COLINTY OF ORr~NGE, OCTObER 10, 1923 I~! b00K 489 F'f~GE 3~4 OF DE[DS, RECORDS OF Of~ANGE COUNTY, CALIFORNIA. ~..~` F'ASCEI_ Ft : ^„4'`Q~ .~ `''s~ ~ ~ i;19~ ~° ~ THAT PCIRTION OF THE WFST 443.7 FEET QF THAT 2n ACFiE FARCEL SHOW ~ AS .LO~~E~4 ~ F1LL'CK K 0~ 1'HE 1CFACMER T~:ACT, IN THE CITY OF Ai~f~HCIM, COUNTY OF~Rf~~!' ~iN~{STAT OF CALIFOkNZA, AS PEk MAF RECQFtAED IN BOQK i2 PAGES 87 ANA 8II 0~+~fIS~~~NEOlIS RECOFDS, IN THE OFFTCE OF TFIE COUNTY fiECORDER OF LOS ANGCLES COU ~x, •"~ GALIFQkNTA, EXC.FPT TNAT PORTiON G~AN7ED TL1 THE STATF OF CALIFORNL ~ YsDEEI7~ FECOFDED AF'FIL 1, 1955 IN POOK 3~7& FAGf_ 486, OFFICLaL fiECORDS OF OFl~~lGE CQIINTY, CALZFOkNIA. THAT LIES SOUTHEAS7EftLY OF A ST6;IP ur LAND i15.0~ FEE7 7N WIDTH, LYIt~lG S7.>0 FEET ON EACH SIDE UF A LINE DESCRIFIED (~S F171_I_OWS: PGGIt~NING AT A F'OIi~T ON TME CENTEkLINE OF THE RIVEFSIllE FREEWAY, SAID POINT BEING DISTAN7 ALLING SAID CENTEFLINE SOUTI•1 73 DEGREES t A MINUTES 43 SECOPiDS WEST, f 91 .00 FEET FrOM (~ STATE HZGHWAY i10NUi1ENT WITN A BRASS DISK LAHELED 'STATION 440+4~, 7HENCE FFtQM SAID F'OINT OF REGINNING SOUTFI 8 DEGfiEES ~5 MINUTES Rb SECOI~DS WEST, 1019.70 FEET TO THE BEGItJNING OF A TANGEN7 CURVE CONCAVE WESTEf2LY AND HAVING A RADIUS OF 3200.00 FEET; THENCE SOUTHWESTEFLY ALONG SAID CURVE TMFOUGH A CENTRf~L f~NGLE OF 2 DEGREES 56 MINUTES 09 SEC4NDS, AN ARC DISTANCE QF 163.97 FEET TQ A POIN7 DISTANT RADIALLY SOUTH 78 DEGREES 38 TiINUTES 05 SECONDS Ef~ST, 57.50 FEET Ff~O~f AN IkON PIPE MARKING TNE SOUTHWEST COkNER OF LOT ~4 OF BLOCK K OF THE KRAEMER TF:ACTj THENCE CONTINUING AL.ONG SAID CURVC TO THE NORTH LINE OF TI-IE ROADWAY EASEi1ENT DEEDED TO THE COUNTY OF ORRNGE, OCTOFSEk f0, 1923 IN AUOK 489 PAGE 32AI OF DEEDS, FECORD~ OF OF:ANGE COUNTY, Cl~LIFOhNIA. ~..~~j 'aN1~ REGL~,SS N0. y A257 1235035 F 619 TICOR 7ITLE LNSURANCE COHPANY OF CAI.IF~„~I~ EXCEFT Tl•iCREf-'F~OM T1-IAT F'OFTION Or SAID L~ND, DFSCRIRED F1S FOLLOWS: bEGZNNING AT THE INTEkSECTION OF SA7D SOUTH LINE OF 7HE LAND CONVEYED TO SAID STATE PY DEED FECORDED IN Ft001( 30ib F~,qr,E A86 OF SAID OFf-ICIAL f:ECOfiDS WITH TWE EAST LINE OF THE f15.00 FOOT STFCIP OF LAND DESCkIESED TN PAkCEL .~. ABOVE; THENC:E ALO~lG Sf~ID EAST LTNE .;OUTI-! y.DEGREES 19 MINUTCS 31 SECONDS WEST, 89.03 F~[T; THENCE AT RIGHT ANGLES, SOUTH 80 DEGREES q0 MItdUTES 29 SECONDS EAST, 3~,g~ FEET TO TFIE EAST LINE OF Sf-1ID WEST a43.70 FEET OF LOT 2q; TI-lE~lCE l~LONG Sf~ID LAST MEN'iIONED LINE NQRTH 7 D~GREES f9 MINUTES 33 SECQNDS WEST, 95.59 FEE7 TO SAID SOUTIi LINE; TFIENCF_ ALONG SAID SOUTI~ LINE SOUTI-1 74 DEGREES 0£i MINUTES ~8 SECONDS WEST, 6.q~ FEET TO THF FQINT OF BEGLNNING, AS AESCkIF1ED It~ 7HE DEED TQI THE STATE OF CALIFOR~lIA, F:ECOFD~D AF'f.IL 20, 1965 IiJ R001< 7483 f'f~GE 66g~ OFFICIAL kECORDS. ~ ~ALSO EXCEPT THEl2EFFcOM 7NAT PORTION OF SA_Tb LANP ll~SCRIHEA AS FOLLOWS: BEGINNIMG A7 R POINT ON THE EAST LIHE OF S.:ID ti5.~0 FOOT STRIP, AISTANT ALONG SAID EAST LINE SOUTH 9 DEGREES 19 MINUTES 3<, ,itCOhDS WEST, 232.53 FEET FFOi1 THE SAID SOUTH LI1~lE OF THc I,AND CONVEYci1 TO SAI1~ STATE BY D~ED RECORDED IN SAID BOOK 3016 PAGE 486 OF OFFICIpL RECOkDS; THE~VCE ALONG SAID EAST LIt~E SOUTH 9 DEGREES 19 ~fINUTES 31 SECONDS W:ST, f68.38 FEEi'; THFNCE SOUTH 55 DEGREES 09 MINUTES 3f SECONDS E~aST, 142.72 fEET TO TFIC ERST ~IiVE OF SAID WES7 qq3,70 FEET; THENCE ALONG SAID LAST MENTIONEA ~INE NORTH 7 DEGREES f9 MTNUTES 33 SECONDS WEST, 200.97 FEE7; TI•IENCE NORTI-I 70 DEGfiEES 43 MINUTES 50 SECONDS WEST, 8i.f5 FEET TO THE POINT OF &EGINNING, AS DESCkIAEb IN THE DEED 70 THE STATE OF CI~LIFORNIA, FECOFDEA AFRIL 20, 19bS IN Et001( "7~4Q8 F'l~GE 568, OFFICIf~L RECORDS. ALSO EXCEPT THEREFFtO~'f THAT PORTIO~! OF SAID LANi) LYI~lG WITHI~! PARCEL i, Ii~ THE CITY OF ANAHEIM, COUNTY OF OFANGE, STf~TE n~ C~~IFORtJIA, AS FER t1~F' FE OkDED IN BOOK 73 FAGES 9 AND t0 QF MISCELLAtJEUUS t1APS, Itd THE OFFICE OF TH „"E .~ ~ECOFDEk OF SAID COU~lTY. 'AFCEL C: 'HAT PORTION OF 7HE WEST 443.7 FEET OF THAT ~ ~LOCK If OF THE ICRqEMER TFf-1CT, I1~ THE CITY OF~l~Nf~h{~IMPA~CEI. SNQWg AS ~~~~+~ F CALIFOkNIA, AS PER PSAP RECORDED IN E+pOK 12 PAGFS 87 qNDTgg~pF ~~ ECORDS, IN THE OFFICE OF T!-IE COUTvTY F:ECORDER OF LOS f~NGELES COUNTY`ro~F~~& ALIFOK~IIA, EXCEPT THAT FORTIOtJ GRANTED TO THE STATE OF CA~IF~]k~IIA f.tY DEED EC0f2AED AFRIL t, 1 955 IN Et00K 3015 F'r1GE ~486, OFFICIf-1L fiECORDS OF ORf1NGE OUNTY, CALIFORNIA. QUS THAT I.IES WESTEkLY ~F A LINE FARAt.I.EI. WITfi AND WESTEkLY 57.5~ FEET FROPS A LINE L'ESCFIF;ED FlS FOLLOWS: EsEGIhNING AT A F~OINT ON TH~ CCI~TEFLINE OF TI1E RIVERSIDE FkEEWAY, SAIA POINT BEING DISTANT ALONG SAID CENTERLINE SOUTH 73 AFGREES i•1 MIhUTES 43 SECONAS WESi, S 91 .00 FEET FkOt1 !1 STATE hIIGI•1WAY MQNUMENT WITH p BRASS DISK LABELED "STATIQN 440+Q~; THENCE FRUN SAID~POINT OF BEGIMNING SQUTH 8 DEGf~EES 25 MINUTES 46 SECONDS WEST, 1~J19.70 FEET TO TI•IE FtCGINI~ING OF q TANGENT CURVE CONCAVE WESTE~LY AND HAVING A RAAIUS QF 320~.~~ FEET; TNENCE SOUTH WESTERLY ALONG Sl~ID CUFVE TFIROUGH A CEN7FAL ANGLE OF 2 DEGREES 56 MINUTES 09 SECONDS, AN ARC DISTANCF OF i63.97 FEET Tp A POItJT DISTANT RADIALL.Y SOUTH 78 DEGREES 38 MINUTES 05 SFCONDS EAST, 57:50 FEET FFOM f~p7 IRON FIFE MAFKING THE SQU7HWEST CORh'Ek OF LOT 24 OF RLQ~K K OF THE Kk~FMEk 7RACT; THEtVCE CONTINUI~lG ALONG SAID CURVE TO TI-IE NORTH LI~lF_ OF TNE R0~1DWAY Et-1SEMENT DEED~D TO THE COLINTY OF ORRiVGE, OCTObER i~, 1923 IN BOOK A89 PAG~ 3~4 OF DEEDS, RECOFDS OF ORAJ~GE COUNTY, CALIFORNTA. , ~' .;r_C1984 RE~~IVED ~ ~~~ ~ a ~ ~, R~i,~:'=,~~ ~`~U.~~ • ~~j-~i~ 84257 1235035 R 019 TICOR TTTLE INSUkANCE COMPANY OF CALIFur'tNIA EXCEPT THEREFkOM TNAT PQRTION OF SAID LAND AESCkT&ED AS FOLLOWS: ~ REGINNING AT il•1C INTERSECTION 0~ TNE WEST LI~lE OF Sf~ID LOT 2q WITH TI-IE SOUTI•I ILINE OF THE LANA CONVEYEA TO THE STATE OF CALIFORNIA HY DEEA RECQF<DEA IN DOQK ~3016 P,qGE R86 OF SAID OFFICIAL FECOFDS OF OR(~NGE COUI~TY; TWFNCE l~LONG S(~ID WEST LINE SOUTH 7 DEGREES i9 MINUTES 33 SECONAS EAST, t64.6~ FEET; THENCE NOFTI-i E5 DEGREES 20 MINUTES 53 SECONDS E~aST, R0.75 FEET; TIiEMCE SOUTI•I 75 DEGREES ~4 MINUTES 33 SECQNDS EAST, i25.62 FEET; THF.~JCE SOUTH 65 DEGkEES U9 MINUTES 31 SECONUS EAST, 75.60 FEET TO THC WFST LINF_ OF THE 115.00 FOOT JTf~IF' OF LAND CONVFYED 7Q ORAt~lGE CO~NTY FLOOD CONTROL DISTRIC7' BY AEED kECQRDED IN POOK 5455 FAGE 535 OF SAID 01=FICIAL R[CORDS OF OFf~NGE COUNTY; TI•IENCF_ l1~ONG SAID LAST MENTIONED LI~lE NOFTH 9 DEGfiEES 19 MINU'iES 3i SECO.NDS EAS7, 3t4.90 FEET TO TME SOUTI-I LINE; TI-IENCE I~LQi~lG SAID SOUTI-i LIi~lE SOUTH 74 DEGFiEES 08 t1INUTES 28 SECONDS WEST, 3f5.59 FEET TO TNE FOINT OF BEGTtJNING, AS DESCRTBED 7N TFIE UEED TO TWE STATE OF CALIFOFiJIA RECOFDED AF'FIL 20, 1965 IN Etqp){ 7qgg ~ PAGE b68, OFFICIA~ RECORDS. EXCEPTING FROM SAID PARCELS A, E AND C, ALL MINERALS, GAS, OIL, PETROLEUM, NAFI•ITHA RND OTHER NYDFOCf~1FRON SURSTANCES IN AND UNDEfi THE AROYE-nESCfiT$EA LAND, TOGE7HER WITH AL~ NECESSAkY ANA CONVENIENT RIGHTS TO EXPLORE FOfi, DF_VELOF'~ F'FODUCE~ EXTRpCi, (ai~lD Tr1KG THE SiaME, SURJECT TO TI-IC EXF'FESS LIPIITATION THAT ANY AND ALL OPEt'tATIONS FOF TFiE EXPLORATION, DEVFLQFMENT, FFODUCTIUN, EXTRACTION, Ai~D 7~!(ING OF l~NY OF SAID SUE3STf~NCES SH~aLL EtE Cl~f.f.IED QN AT LEVELS BFLOW TNE DEFTH OF 100 FEET FkOM THE SURFACE OF THE AFSOVE DESCRIEiED LAND, F<Y MEf~1VS OF MIiYES, WELLS, DCFFICICS AND/On OTI~IEF EC~?UIF'MF1VT FRO SURFACE LOCATIQNS ON ADJUINING Of< MEZGHBOkING LA~ID l_YING OUTSZDE OF THF A$QVE DESCRIRED LAND AND SUEtJECT FUf.TFI[R TO TI-IE CXF~FESS LIMITATION TIiAT TF1E FOREGOING RESERVATTON SNAt.L IN NU WAY bE I~lTEFPRETED TQ INCLUDE ANY RIGHT OF GNTFY IN Ai~D UFON THE SUFFACE OF THE l~NOVE DESCRIEtED !_AND, AS RFSERVf_'ll IN TI•IE DEED FROM CHAUNCEY SUMNER ORTEON ANA KATHt.f~td JAFRETT ORTEtJ, HUSBANA ANA WIFE, FF_CORDED OVTOREF it, 1960 IN R001< 5~}~5 F'~aGE 535, OFFICIr1L FECOFDS. ~ _ ;, __ EC/&ETTY:53 (8) 2 i~s~,,;; Z ~ DEC 1984 RECElV ED ZONIN~ pIVISION R~::_..::; .:~. `~~~i ~~~5~2~ -----_._ DESCRIPTION OF ADDITIONAL EXCEPTIOTI NORTHERLY OF FRONTERA STREET FROM PAF2CEL "B" OF TICOR TTTLE REPORT NQ. 670832 DATED SEPTEMBER 4, 1984 i A1so except therefrom that portion of.sai3 land described as follows: j Beginning at a point on the east line of said 115.G0 foot strip, ~ distant along said east line South 09°19'31" West 84.03 feet from + the said south line of the land conveyed to said State by Deed recorded in said Book 3016, Page 486 of Official Records; thence along said east line South 09°19'31" West 193.50 feet; thence South 70°43'50" East 81.15 feet to the east line of said k'est 443.70 feet; thence along said last mentioned lins North 07°19'33" West 164.49 feet ' thence North 80°40'29" West 32.82 feet to the Point cf Beginning, as ; described in the Deed to the State of California, recorded April 20, ; 1965, in Book 7488, Page 668, Official Records. a G_. i ~;1-' ~ ~~ ~~5~~1 ' RECLASS N0. ~4 ~..~ _