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Ord 2125 - Vacate Port CC Rd COUNCIL BILL NO. 1563 ORDINANCE NO. 2125 AN ORDINANCE VACATING A CERTAIN PORTION OF COUNTRY CLUB ROAD NEAR THE INTERSECTION OF COUNTRY CLUB ROAD AND RAINIER ROAD AND DECLARING AN EMERGENCY. WHEREAS, Resolution 1233 fixed the time, place and date of a public hearing on whether that certain portion of Country Club Road described herein should be vacated, and WHEREAS, on June 13, 1994 and June 27, 1994, public hearings were held on this question, and WHEREAS, the City Council has considered the public testimony provided, the staff reports, and the need for the proposed street vacation, and the public interest herein, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The tract of real property subject to the street vacation is legally described as follows: Beginning at a point on the West line of Lot 1, Block 55 of Woodburn Senior Estates No.6 in Section 12, Township 5 south, Range 2 West of Wil/amette Meridian, Marion County, Oregon, said point being north 00012'21" West 20.01 feet from the Southwest corner of said Lot 1, Block 55; thence north 00012'21" West along the west line of said Lot 1,96.97 feet to the northwest corner of said Lot 1; thence south 88045'37" East along the north line of said Lot 1 35.83 feet; thence north 50028'07" West leaving the north line of said Lot 1, 48.41 feet; thence north 88045'37" West 58.61 feet to a point on the west right-at-way line of Country Club Road; thence south 00012'30" East along the west right-of-way line 127.03 feet; thence south 88048'20" East 60.01 feet to the place of beginning and containing 8,136 square feet of land. Subject to a public utility easement to the City of Woodburn more particularly described as follows: Beginning at a point on the north line of Oregon State Highway 214, said point being south 88047'13" East, 56.37 feet from the southwest corner of Lot 1, Block 55 of Woodburn Senior Estates No.6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence Pa ge 1 - COUNCIL BILL NO. 1563 ORDINANCE NO. 2125 m '-..'--,-- r- "--.-- -, '...-----, --0-- northeasterly, leaving said north line, 49.77 feet along the arc of a 30.00 foot radius curve to the left, through a central angle of 95003'09" (the chord of which bears north 43041'14" East, 44,26 feet); thence south 43041'13" West, 44.26 feet to the place of beginning. A diagram of said tract is attached to this ordinance as Exhibit "A" and, by this reference, is incorporated herein. Section 2. The Council finds that the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, have not submitted written objections to the vacation of the portion of the street legally described in Section 1. Section 3. The Council finds that the public interest will not be prejudiced and will be served by the vacation of the portion of the street legally described in Section 1. Section 4. The Council finds that the portion of the street legally described in Section 1 is a marginal street in that it was all dedicated from a common parcel within the plat of Woodburn Senior Estates No.6 and there was not a common ownership to parcels on both sides of the road, as dedicated. Section 5. The portion of the street legally described in Section 1 is vacated subject to all of the following express conditions: A. That the owners of Lot 1, Block 55 of Woodburn Senior Estates No.6, Marion County, Oregon, (Dale W. Baker and Timothy R. Brown) convey fee simple title to the City of Woodburn for the following described real property with the existing building and any improvements thereon: Beginning at a point on the North line of Oregon State Highway 214, said point being south 88047'13" East, 56.37 feet from the Southwest corner of Lot 1, Block 55 of Woodburn Senior Estates No.6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence northeasterly, leaving said north line, 49.77 feet along the arc of a 30.00 foot radius curve to the left, through a central angle of 95003'09" (the chord of which bears north 43041 '13" East, 44.26 feet); thence north 03050'22" West, 15.33 feet; thence northwesterly 56.97 feet along the arc of a 70.00 foot radius curve to the left through a central angle of 46037'45" (the chord of which bears north 27009'14" West 55.41 feet); thence north 50028'07" West to the north line of said Lot 1, Block 55, 32.69 feet; thence south 88047'37" East along the said north line of Lot 1 114.20 feet to the northeast corner of Lot 1; thence south 00003' 1 0" East along the east line of said Page 2 - COUNCIL BILL NO. 1563 ORDINANCE NO. 2125 ..u_~~_..~_~_ .-- r- ~~~._.. -~--~.---_.-...~_.._. Lot 1, 116.91 feet to a point on the north line of Oregon State Highway 214; thence north 88047'23" West 93.44 feet to the place of beginning and containing 8,787 square feet of land. B. That the city reserves a utility easement in the vacated area, more fully described in the Grant of Easement which shall be executed and recorded by the owners of Lot 1, Block 55, Woodburn Senior Estates No.6, Marion County, Oregon (Dale W. Baker and Timothy R. Brown), a copy of which is attached hereto as Exhibit "B" and, by this reference, incorporated herein. C. That the vacation is subject to a condition that the present two entrances (north of Kentucky Fried Chicken Restaurant and south of U. S. Bank) to Fairway Plaza off of Country Club Road be closed and that a single entrance off Country Club Road be created between the present entrances, the exact location of the new entrance to be determined by city staff in cooperation with the property owner. Section 6. Upon vacation of the street legally described in Section 1, fee simple title to the property in the vacated area shall enure to the owners of Lot 1, Block 55, Woodburn Senior Estates No.6, Marion County, Oregon (Dale W. Baker and Timothy R. Brown). Section 7. In addition to the findings contained herein, the Council bases it action on the Findings of Approval which are attached hereto as Exhibit "C" and are by this reference incorporated herein. Section 8. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk Section 9. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and app oval by the Mayor. Approved as to for~ ~ City Attorney r1i- APPROVED: Passed by the Council July 11, 1994 Page 3 - COUNCIL BILL NO. 1563 ORDINANCE NO. 2125 . ... .- _. T.- -.----..--.-----.-- Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ~ --r;:. L Mary 1ennant, Cit~ Recorder City of Woodburn, Oregon Page 4 - COUNCIL BILL NO. 1563 ORDINANCE NO. 2125 T Jul y 12, 1994 July 12, 1994 July 12, 1994 ~./. ~~--- L1tu1/1fiiF7Nli . EXHIBIT "A" Page 1 of 1 LOrIT <II ~ ~ ~ f! \) ~ ~ \) ,."" a:c..UI1' -- Rn"_..... - RAINIER ROAD t 1/ , UJl"I .. IIt.fXta.s . IIf:J(J(JI1(R( $ENOR c,;,u4~NMj . -,.:; /l " .. ~ ~ UJI" ~ IIt.fX:I( 65 I Ao lS'M'tJr ::~ I -.~.. I ~~ I ~': ~- -~ I I . .. l~ {~ . ~ tt : . . , I , ! .. << , , (;0.0.1. * , , . . . . . _-st__ .- '''."ztrC ~ --l.. AIS1' 7 . swc.w:LMI _65 FJ. 6/r1w I'IH -- 1#4f<tfra"€ HUr .....__.. 1'fH'44'_W mM1' . ~1k ClXIf7m' l:LuJ II(WJ SEc..UI _65 Rn"_..... , STAlE HIGHWAY 214 - ~ . .. ---" --T- -~-".,--,."._..._,-~....~,..-._,--~---~" EXHIBIT "B" Page 1 of 1 KNOW ALL MEN BY THESE PRESENTS, that DALE W. BAKER and TIMOTHY R. BROWN. for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby Is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marlon County, Oregon referred to herein as the CITY, e permenent right-of-way and eesement over and along the full width and length of the premises described as follows, to wit: Beglnnlng et the northwest corner of Lot 1. Block 55 of Woodburn Senior Estates No.6 In Section 12, Townshlp 5 South, Renge 2 West of the W1l1emette Merldlen, Marlon County, Oregon; thence south 88"45'37" East along the north line of said Lot 1 36.83 feet; thence north 60"28'07" West 48,41 feet; thence north 88"48'37" West 68.61 feet to a point on the west rlght-of-wey Una of Country Club Road; thence south 00'12'30" Esst slong the west rlght-of-wey Une 127,03 feet; thence south 88"48'20" East 24.00 feet; thence north 00'12'21' West parallel with the wast line of said Lot 1, 97,00 feet; thence south 88"45' 37" East 36.00 feet to the piece of beginning. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, UTILITY facility, with all appurtenances Incident thereto or necessery therewith, In, under and across the said premlses, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or Interfere with the use of said pipelines, or appurtenances attached or eonnected therawlth; and the right of Ingress end agress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby grented. THE CITY SHAll, upon eech and every occasion that sueh UTILITY faCility Is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any Improvements disturbed by the City, to as good condition as they were In prior to any such Installation or work, but If not practicable, then pay to Grentors reasonable compensation. rlmothy R. Brown Accepted by 1he Woodburn CIty CouncIl on .1994 Dale Baker Mary Tennant, CIty Recorder CIty of Woodburn, Oregon STATE OF OREGON I ) SS ) , COUNTY OF MARION On this the _ dey of County end State personslly eppeered, , 1994, before me a Notary Public In and for the known to me to be the same personlal whose names ere subscribed to the within Instrument end ecknowledged thet they VOluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hend end official seel. NOTARY PUBUC My Commloslon expires: _. IKRBIUI2.UTL t~[p1f - T EXHIBIT "C" Page 1 of 8 FINDINGS OF APPROVAL I. NATURE OF THE PROCEEDING. This action by the Council involves a street vacation of the street right-of-way located at the intersection of Rainier Road and Country Club Road and extending south to a point 20 feet north of Oregon State Highway 214 as legally described in Section 1 of the Vacation Ordinance. The Council initiated the street vacation on its own motion, without the receipt of a petition, pursuant to ORS 271.130. On May 9, 1994 the Council passed Resolution 1233 (Attachment 1). This resolution directed that notice be given and that a public hearing be held on June 13, 1994. Notice of public hearing was given by the City Recorder pursuant to ORS 271.130 and ORS 271.110 (Attachment 2). A public hearing was held before the Council on June 13, 1994, and testimony was taken. The Council then continued the public hearing until June 27, 1994, for the purpose of receiving additional testimony. On June 27, 1994, the Council heard further testimony and closed the public hearing. After deliberation, the Council acted, by motion, to direct staff to prepare an ordinance vacating the property, subject to certain conditions, for presentation at its July 11, 1994, meeting. II. FINDINGS OF FACT. 1. The facts concerning this vacation proceeding are contained in the staff report and staff exhibits and all other public testimony and exhibits introduced into the hearing record on June 13, 1994, and June 27, 1994. 2. The street subject to vacation is the street right-of-way located at the intersection of Rainier Road and Country Club Road and extending south to a point 20 feet north of Oregon State Highway 214 as legally described in Section 1 of this Vacation Ordinance. 3. The property surrounding the area to be vacated is zoned Commercial General (CG) and the existing land use designations and zoning will not change as a result of the vacation. 4. Only one abutting property owner (Lilleoren) has made a written objection to the vacation. The Lilleoren property did not have direct street access prior to the vacation ..--..--T.----.-.-.. ----..- ....--.-.-. Exhibit "e" Page 2 of 8 and will not have direct street access after the vacation occurs. 5. The owners of a majority of the area affected, computed according to ORS 271.130 and ORS 271.080, have not submitted written objections to the vacation. 6. The vacation is subject to a condition that a utility easement be retained over a portion of the vacated property, as described in the Grant of Easement attached as Exhibit "B" to this Vacation Ordinance. 7. The vacation is subject to a condition that a replacement right-of-way be deeded to the City of Woodburn, as legally described in Section 5(A) of this Vacation Ordinance. 8. The vacation is subject to a condition that the present two entrances (north of Kentucky Fried Chicken Restaurant and south of U.S. Bank) to Fairway Plaza off of Country Club Road be closed and that a single entrance off Country Club Road be created between the present entrances, the exact location of the new entrance to be determined by city staff in cooperation with the property owner. III. APPLICABLE CRITERIA. 1. The Council finds that the entire vacation procedure is established in ORS 271.130, and referenced statutes, which govern street vacations on the Council's own motion. Since no vacation petition was filed, or is required, the legal requirements governing vacation petitions are inapplicable. 2. Since the vacation is that of a city street, the affected area is deemed to be that area designated by the applicable statute for the vacation of streets and the legal requirements for the vacation of a portion of a plat are inapplicable. 3. Hearing and notice requirements for street vacations are established by ORS Chapter 271. 4. Whether the Council's action on the vacation is a "land use decision" is governed, on a case-by-case basis, by applying the "significant impact test" established in City of Pendleton v. Kerns, 294 Or 126, 653 P2d 996 (1982); Hardin!!: v. Clackamas County, 89 Or App 385, 750 P2d 167 (1988) and their subsequent citing cases. 5. The Woodburn Comprehensive Plan and Zoning Ordinance do not include standards for street vacations, and the Council, therefore, is not legally required to make findings regarding applicable Comprehensive Plan and Zoning Ordinance provisions. 6. The legal authority to vacate a street within an incorporated city is vested exclusively in the City Council under ORS Chapter 271 and any Planning Commission proceeding involving this subject matter would be advisory only and is not legally required. ----T Exhibit "e" Page 3 of 8 IV. CONCLUSIONS OF LAW 1. The Council concludes, based upon the evidence in the record, that the street vacation made by the Vacation Ordinance is not a "land use decision" because there is not a significant impact on present or future land uses in the area. It further concludes that any legal appeal of the vacation action would be pursuant to ORS 271.130 (4). 2. The Council concludes, based upon the evidence in the record, that the owners of a majority of the area affected, computed according to ORS 271.130 and ORS 271.080, have not submitted written objections to the street vacation made by the Vacation Ordinance. 3. The Council concludes that only one abutting property owner (Lilleoren) has made a written objection to the vacation and that, based upon the evidence in the record, the street vacation made by the Vacation Ordinance will not substantially affect the market value of said property. 4. The Council concludes, based upon the evidence in the record, that notice of the street vacation made by the Vacation Ordinance was duly given pursuant to ORS 271.130. 5. The Council concludes, based upon evidence in the record, that the public interest will not be prejudiced thereby by making the street vacation, with the attached conditions, as stated in the Vacation Ordinance. -----1---.-.-..... -----.---.-------~- Attachmen. 1 to Exhibit "C" Exhibit "C" Page 4 of 8 COUNCIL BILL NO, 1541 RESOLUTION NO. 1233 A RESOLUTION FIXING A TIME~ PLACE AND DATE FOR A PUBLIC HEARING ON THE QUESTION OF WHETHER A CERTAIN PORTION OF PUBLIC RIGHT-OF-WAY NEAR THE INTERSECTION OF COUNTRY CLUB ROAD AND RAINIER ROAD SHOULD BE VACATED, WHEREAS, the City Council has the legal authority to initiate a vacation proceeding, and WHEREAS, it is in the public interest to conduct a public hearing. on the question of whether that certain portion of Country Club Road described herein should be vacated so that proposed road realignment can occur, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The tract of real property subject to the proposed road vacation is legally described as follows: Beginning at a point on the West line of Lot 1, Block 55 of Woodburn Senior Estates No, 6 in Section 12, Township 5 south, Range 2 West of Willamette Meridian, Marion County, Oregon, said point being north 00"12'21" West 20,01 feet from the Southwest corner of said Lot 1, Block 55; thence north 00"12'21" West along the west line of said Lot 1, 96,97 feet to the northwest corner of said Lot 1; thence south 88"45'37" East along the north line of said Lot 1 35,83 feet; thence north 50"28'07" West leaving the north line of said Lot 1, 48,41 feet; thence north 88"45'37" West 58,61 feet to a point on the west right-of- way line of Country Club Road; thence south 00"12'30" East along the west right-of-way line 127,03 feet; thence south 88"48'20" East 60.01 feet to the place of beginning and containing 8,136 square feet of land. Subject to a public utility easement to the City of Woodburn more particularly described as follows: Beginning at the northwest corner of Lot 1, Block 55 of Woodburn Senior Estates No, 6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence south 88"45'37" East along the north line of said Lot 1 35,83 feet; thence north 50"28'07" West 48.41 feet; thence north 88"45'37" West 58,61 feet to a point on the west right-of-way line of Country Club Road; Page 1 - COUNCIL BILL NO, 1541 RESOLUTION NO. 1233 _. --~ .- .,.-. .. ..__....... ._-,_.- ^ ,,_~.__..,.._ ,,'_",._ _, .0..' ,',_..._.._ _ _._ .___._.~. Attachment 1 to Exhibit "c" thence south 00012'30" East along the west right-of-way line 127,03 feet; thence south 88048'20" East 24,00 feet; thence north 00012'21" West parallel with the west line of said Lot 1, 97.00 feet; thence south 88045' 37" East 36,00 feet to the place of beginning, Exhibit "c" Page 5 of 8 A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated herein, . Section 2, That 7:00 p,m. on June 13, 1994 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, is time and place for the public hearing on whether the above-described real property shall be vacated, Section 3, That the City Recorder is directed to give notice of public hearing as provided by law, /\ /-;~ ) I Approved as to form~1rt W ------.; .$"" S /9 if , . City Attorney ~ /~ /d, D,ate APPROVED: ~ ~ Len Kelley, Mayor Passed by the Council May 9, 1994 Submitted to the Mayor May 10, 1994 May 10, 1994 Approved by the Mayor Filed in the Office of the Recorder ATTEST: fYl~-c:.. ~ Mal")lTenna~;' City Recorder City of Woodburn, Oregon May 10, 1994 Page 2 - COUNCIL BILL NO. 1541 RESOLUTION NO, 1233 _. .-r' T ... I , , .. , , . I 1001 -"-:S~""iirc70.;;:-:-_. f$USI' ~,O.1 UTILITY EASEMENT BOUNDARY .sw~l.<<1 _55 R. 5/8~ lnM p~ EXHIBIT "A" Attachment 1 to Exhibit "e" , LOT/T c 4S-O> Ii ....- cr__~_!: II -=::- e:- J~: RAINIER ROAD 1$ ......DlrE JSa<<I1' _ -" IIU-W~C. .",. ....... , .. LOTI /f>'. BLOCK 55 \. - HfXJ08I.RNSENIOR .,. ,\? ESTATE! No. G /....~ . .. '" ........ftrt-- , /" C?o ~ "'~'" '\ o. ........'"{.... . ~ \l ~. ~"'''."t\ ~ ~" :. ~~" // ~/1- ~ t' 1\~ . "'~~~ .-/ ,,-I .. ,-. / /"1 ~_' ~_ -~ .~: L - - - - f\! ~~ 6.WDrDS" II~ ~ !t"'i. R.StUJO" I - lli . l" L. 4S.Tr ~l'" ii~. I &;.f'" ~\~ 1... I .~.o.:~v \" ~ : ~t , , \ " ___'I . r ......-.. s..."',..lrC H!/,1'I' "1I4'oW Zfr W 1SO.OO7' . -- CMIodIM COLN1RY Ct.U1 ROAD .......--- Exhibit "e Page 6 of b ll! & ~ t , -t <II i;! <: ~ ~ ~ :tJ ~ ~ 1<01 1E000lM17 _u 111.__..... - R.1S.t# 6d/4.lI'tIr loaM' tc..~...srW I!S.I4 , Lor2 BLOCK 55 .... SE CN. IAII _55 _. Fti.vrl1Nr~ STATE HIGHWAY 214 , . ~ .~ ,-'" Attachll1l 2 to Exhibit "c" Exhibit "c" . ..... - .'~" .'~~~:"~rge 7 of 8 .. ;.!".,' , ." CITY OF WOOD . . .,.'.' . ..." .".' . " _",i. ',. i\li;i{"'I.'T"Il,A' '_'..~ ,., NOTICll: OF STREET~NI'ldN! ,::;:'\.i'\i;;i\~,.,,,~;I. · NOTICE IS HEREBY GIVEN thatUuo City Oouncilis coi1sid"ring, e question of whether a certain portion of.CountryClubRoad_.thej int.el1lBdionoNlfghway 2~4{COuntry Club ~dnorth tc! the ~te~C)n! of Country Club:Roa(!lRal1llet Road, as descnbed herem, shouJdbSw-! cated so Uuot ,!-proposed road realignment can oeeur. ... ....... .,.. " Begirinlng at a point of the West line of'Lot 1, Block.65 of woOdburn Senior Estates No.6 in Section 12, 1ownship,5south,. Range.,2West of WilIamette Meridian, Marion County,.Ol'llgonaajd. poinq,eing ,north 00'12'21" West 20.01 feet from the South_t eorner of aaid Ilot 1..block : 65; thence north 00'12'21" West along the westlin8 of said Lot'l,96.97 , feet to the northwest eorner' of said Lot 1;. thence. south 88~ 41i'37L~st . along the north line of said Lot 1 35.83 feet; thence north 50'2Ir07,- }~est leaving the north line of aaid Lot 1, 48.41 feet: tl!e1)C:e n9rth88'46'37' West 58.61 feet to a point on the west right;..of~way )ineofCoun~~C1ub.. Road; thence south 00'12'30. East along the we8tfight;..of-way.:I~ 127.03 feet; thence south 88'48'20" East 60.01 Ceetto the p~ce of\legin. 'ninl\andeontalning8,136squarefeetoCland.. ., .... : I Subject to a public utility easement to the City of Woodburn mol'll par- . ticu1arly described as follows: .' . .. (, 1 Begirinlng at the northwest eorner of Lot 1, Block 65 ofWooc\butn.Se-. .nior Estatea No.6 in Section 12, Township.1i South, Range 2 WeatpC.Uuo iWillamette Meridian, Marion County, Oregon thence south '88'45~7. East along the north line of said Lot 1 35.83 feet; thence JlOrth 50'28'07. West 48.41 feet; thence north 88'45'37' West 68.61 f8et toa pointoll the west rlght;..of-way line of Country Club Road; .thence south 00'12'30. East along the weat fight;..of-way line 127.03 feet; thence south 88'46'20., Eut 24.00 feat; thence north 00'12'21' West JlIIrallel with Uuo:west 1'!'Mf aajd . Lot.li~7.oo feet; thence south 88'45'37..East 36.00 fee~ tothe.p~J,f i~~E ISuEREBY FUR1'HElt GIVEN: that~'Cit; ~~ 'of I the City ofWoodbqm has fixed June 13, 1994,7:00 p.m., WOodb'll'PCity ,Hall, as the time and place at which the' owners of the abuttilig.property 1 and the property owners of the area affected by. Uuo propoaed vacation . .'. . .. . . : may appear before the City Council and be hasrd either .cor ilr agaimt ~OOl~!IlilI1!e~thepropo!",d.vacation.,. .., ....:. ~~~')~ii\i!!llllt~ . . . 1. Any obJections or remonstrances to the proposed vacatiC)Junust be. 111 ", . . . ,. .. , I writing and filed with the City Recorder of the City ofWoodbqmno later than 7:00 p.m., June 13, 1994, at which time anyobjectionsorteJrion; strances will also be heard and eonsidered by the City Council. .' . . By order of the Mayor and City Council of the City ofW~bW11, Ore- gon. ~/ J'_:'_ Ji"111~1L .. _ SUBJECT AREA _. __fl I. .:: SH.~{'_. M?i~ I' Maty'l'ennant City ,Recorder . VICINITY MAP " . Published May 25, and June I, 1994 l' '--'-~"i-'".'''''._~--'''--'-------------''' ......'",.. ".~. .-, .~.' ,.-