HomeMy WebLinkAboutJoint Use - State of California - 1971 P.G. & E. - Joint Use
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Document No.Qt®497.61
Ho,20 9a-B
JOIN' USE AGREEMEN I'
THIS AGREEMENT, entered into this---- Sth---day of-----March---------------------- 1971----, by and
THE CITY OF CUPEI TUO, a municipal aeration
hereinafter called "Company," and the STATE OF CALIFORNIA, acting by �md through its
Department of Public Works, Division of Highways, hereinafter called "State,"
WI'TNESSE'TH
WHEREAS, Company is the owner in possession of certain rights of way and easements, hereinafter
referred to as "Company's easement" r conveyed in the dieted from
Water Worka of Monta Vista, Ltd., to the City of Cupertino,
dated and recorded March 1, 1960, in Book 4713, Page 506.A
Official Records of Santa Clatra County, State of California.
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and
WHEREAS, State hu acquired certain lands for highway purposes in the vicinity of----the -
City of Cupertino Santa Clara
-- - --------- - ----------- - ----- - ---- - ---- -- - County of---------------------------------------------------------- -------
on State Road----- ®4'�C-- '85------------- ---- --------, hereinafter referred to as "highway
right of way," which said highway right of way is subject to Company's easement; and
AGRElLW Foam MRM-8e inay.t-sa/
WnEw.As, Companys facilities on the said highway right of way will interfere with or obstruct
the construction, reoonstruction, maintenance or use of said highway, and States desires to eliminate
such int,fezence or obstruction.
Now, TwmEFoRE, Company and State hereby mutually agree as follows:
1. The location of Company's easement so far as it now lies within the said highway right of way
be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter
referred to as "new location," described as f-311ows:
SEE EXHIBIT As which is made a part d this document.
t[YPE
Mr.rM&M=-Sw..w moo OW
• AGREEMENT � -3-- � F*P w R/W-38 (REV.12.37)
2. Company will rearrange, relocate or reconstruct within said new location any =A its facilities
now installed pursuant to Company's easement within said highway right of way and Company does
hereby surrender and quitclaim to the State all of Company's right, title and interest under and by
virtue of Company's easement in the old location within said highway right of way and not included
in said new location. Company hereby consents to the construction, reconstruction, maintenance or
use by State of a highway over, along and upon Cgnnpany's easement both in the old location and in
the new location within said highway right of way upon and subject to the terms and conditions
herein contained.
3.. State acknowledges Company's title to Company's easement in said new location and the
priority of Company's title over the title of State the-tin. Company has and reser-mL the right and
easement to use, in common with the public's use of said highway, said new location for ell of the
purposes for which Company's easement was acquired, without need for any further permit or per-
mission from State. Except in emergencies, Company shall give reasonable notice to State before per-
forming any work on Company's facilities in said new location where such work will be performed
in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all
cases, Company shall make adequate provision for the protection of the traveling public.
EST.3330. 30433 it-JD tOM V' 31G
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AGREEMENT --4 FOAM R/W-88 (MM.92-971
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a fts eassmem PON umv& or evw to fumy f mo.
. •t tw nee s eosammt vlot or left
of Sasluell0im ea 42 i+ Oxcept lnor
ghmeel to pendO the swistrustlen, reeesstrsettos
or of compurts fteintioa.,.
JAN 28191
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f. '1 the event that the future use of said highway right of way shall at any time or times neces-
sitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then
existing in said aew location and State shall notify Company in writing of such necessity anc! agree
to reimbur;e Company on demand for its costs incurred in complying with such notice, Company
will provide State with plans of its proposed rearrangement and an estimate of the cost thereof and,
upon approval of such plans by State, Company will promptly proceed to effect such rearrangement,
relocation, reconstruction or removal. Company shall make adequate provisions for the protection
of the traveling public. No further permit or permission from State for such rearrangement shall be
required and State will (1) enter into a joint use agreement on the same terms and c. editions as are
herein set forth covering any such subsequent relocation of Company's facilities within said highway
right of way, (2) provide executed document(s) granting to Company a good and sufficient easement
outside of the highway right of way if necessary to replace Company's easement or any part thereof,
and (3) reimburse Company for any costs which it may be required to expend to acquire such ease-
ment, provided it id mutually agreed in writing that Company shall acquire such easement.
6. Except as expressly set forth herein, this agreement shall not in any way alter, modify or termi-
nate any provision of Company's easement. Both State and Company shall use said new location in
such a manner as not to interfere unreasonably with the rights of the other. Nothing herein con-
tained shall be construed as a release or waiver of any claim for compensation or damages which
Company or State may now have or may hereafter acquire resulting from the construction of
additional facilities or the alteration of existing facilities by either State or Company in such a manner
as to cause an unreasonable interference with the use of said new location by the other party.
7. This agreement shall inure to the benefit of and be binding upon the successors and assigns of
both parties.
98T.10".feu-WO 10-97 MO 0 Cs.
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Ix V TIdm Vmom Ip, the parties hereto have caused this agreement to be executed as dupIwaft
by their respective oats thexcunto duly
Reaommexded/or app ovah CITY ERTIMO
Deputy State W41%-ay —' — —
Asl�or, C�� of Cupertino
icy cter _�-----
Assistant Chief of Right of Way Agent STATE OF ('.ALIFORNIA
DEPARTM LNT OF PUBLIC FORKS
Approved as Io form and provedaire: Director of Public Works
-- ----- —----- ------ — BY---
Attorney,Department of Public Worst
Director
STATE OF CALIFORNIA-
ss.
COUNTY OF SACRA!--TNTO
On this - - -------may of- -- - - --- - ----- -- - ------ --- in the year 19- . before me,
the undersigned, a Notary Public in and for the County of Sacramento, State of California, residing therein, duly com-
missioned and sworn, personally appeared_---- ----- - -- - -------------------------------------------------------- --------------
known to me to be the_-------------------------------------Director of the Department of Public Works of the State of California:
described in and that executed the within instrument, and also known to me to be the person who executed the same on
behalf of the State of California therein named and he acknowledged to me that the State of California executed the same.
Wnwass my hand and official seal
Name (Typed or Printed)
Notary Public in and for Said County and State
aat aa.uas+-soo s_et as=0 o"
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mommAn CITY OF SUNNYVALE EXHIBIT A .
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$"OWN BY e.000049S TO 48TAIN 4?13 O.P. 50�
. c�raoul�o-s,Eva�d dltTANC�► CITY OF CUPIERT{HO
QUITCLAIMED BY JUA
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City Lhvit
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CITY OF CUPERTINO .�� � ,�0
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AN® �/" Cif of Cupertino
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STATE Cf CAL110INIA
MIGKWAt TQANSPC�TATTC4 ACSVCT
B:PASTh tKl OF PU:L!C WC:XS
o DM-c!CN OF N:GhWAYS
O_ DISIZICT IV
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LEGEND JUA
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RF.SCLUTION NO. 3036
A FESOLUTION OF THE CITY COUNCIL OF TEE CM OF CUPERTINO APPRO`►INN
JOINT USE AGREE[ MT NO. 20869-B WITH STATE OF CALIF010 A, DEPARTt.ZNT
x
OF PUBLIC WORKS, DIVISION OF HIGHWAYS
WHEREAS, the City of Cupertino is the owner of a certain easement over
land acquired by the State of California for right-of-way purposes knosin as
State Route 85; and
WHEREAS, Cupertino's easement will interfere with or obstruct the State's
highway construction; and
WHEREAS, Cupertino can accommodate State's facility by changing the ease-
ment to an area of common use; and
WHEREAS, Joint Use Agreement No. 20869-B has been presented by the State
of California through its Department of Public Works, Division of Highways,
to the City of Cupertino for execution to permit the elimination of that
certain Cupertino easement and approve the use of a common area for easement,
all as more fully specified in said agreement and exhibit attached thereto,
and said agreement having been approved by the City Engineer;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute said Joint Use Agreement No. 20869-B in behalf
of the City of Cupertino.
BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed
to furnish the State of California with two certified copies of this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City o
Cupertino this 15th. day of M. rcn , 1971 , by the follewing vote:
AYES: Councilmen - FitzGerald, Frolicn, :green, ': .el, S`:okes
NOES: Councilmen - N. ne
ABSENT: Councilmen - N-ne
APPROVED:
/s/ Q_pry G . Stokes
Mayor, City of Cupertino
ATTEST:
/s/ W,,:.. E. Ryder
City Clerk
sy
March 23, 1971
Mr. W. R. Shoemaker
Abet. District Utility Engineer
Department of public Forks
Division of 81ghvays
P. 0. Bo[ 7791, Rl com Annex
San Francisco, California 94120
Dear Mr. Shoemaker:
With reference to your letter dated February 9. 1971,
we are enclosing original and one copy of Joint Use Agreemteat,
Document No. Ut.497.61--No.20869-S. This Agreement has been
executed by the proper City officials and is being returned
to you t+.r execution by the Department, as requested.
A certified copy of the Resolution in duplicate approving
the Agreement and authorising its execution is also enclosed.
will you please have the Agreement and Resolution recorded
and furnish us with ac jointly executed copy.
Very truly yours,
CITY OF CUPERTNO
Gladys McHugh
Deputy City Clark
pr
encle.
i
SQATE-f CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY RONAtD REAGAN. Goswna
GARMENT Of PUSUC WORKS
DMSION OF HIGHWAYS sS
P.O. BOX 7791, RINCON ANNEX, SAN FRANCISCO 94110
February 9, 1971.
04-SC1-85/280 17.7X-19.5R
85: Stevens Creek Blvd.
to 0.6 Mi. N/o Homestead Ra.
Mr. Lee Yarborough 280: 0.3 Mi. W/o Stelling
Director of Public Works Rd. to 0.1 Mi. E7o Foothill
City of Cupertino Blvd.
10300 Terre Avenue 04403 - 121171
Cupertino, California 95014 Ut. 97.61
Dear Mr. Yarborough:
Attached in triplicate is our Joint Use Agreement No.
20869-B covering the use of the common area between your
City and the State on Route 85 in the vicinity of Engineer' s
Station Al 427+30±, Road 04-SC1-8!W280, Project File 121172.
Your facilities were relocated under Notice to Relocate
No. 497.61, dated August 21, 1969, to accommodate State' s free-
way construction where your Company had a wa-;erline easement
conveyed in the Deed from Water Works of Monte Vista, Ltd. ,
to the City of Cupertino, dated and recorded March 1, 1960,
in Book 4713, Page 506, Official Records of Santa Clara County.
This Joint Use Agreement was promised by Utilities Agree-
ment No. 497.61.
If satisfactory, please date and have the original and
one copy of the Agreement executed by the proper City officials
and return them to this office for execution by the Department.
The third copy is to be retained by you. Please have the signa-
tures on the Document acknowledged, and attach a copy of the
acknowledgment to each Agreement. Please advise if you wish
recordation of this document.
Please furnish a certified copy of the Resolution in
duplicate approving the Agreement and authorizing its execution,
or evidence in duplicate, that the parties signing the Agreement
are acting within the scope of their authority.
A jointly executed copy of the Agreement will be returned
to you.
Very truly yours
17
W. R. SHOEMAKER
Asst. District Utility Engineer
LED:BL
SWAn AND TRANSPORTATON AGOWY BALD VEAGAK GOWAMOr
CSWXFAUW OF VUKW WOW
DIVISM OF HIGHWAYS
►A. BOB rML SM FRMCMO %119
MaY 3, 1971
04-sc1-85/280- 17.7x/19.KR
35 : Stevens Creek Blvd.
:o 0.6 Mi. N/o Homesteal
Road
280 : 0.3 Mi. W/o Melling
Rd. to 0.1 Mi. L/o
Foothill Boulevard
Pair. Lee Yarborough 04403 - 121171
Director of Public WOrks Ut. 497.61
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Dear 1.1r. Yarborough:
Attached is fully executed cop; of Joint Use Agreement
No. 20859-B, between the State and the City cf Cupertino cover-
ing the joint use of the area common to the State is freeway and
your City°s waterline facilities on Route 85 , Road 04-SCi-85.°280.
This document was recorded on April 21, 1971 in Boor_ 9300,
pages 475 to 483-A in lusive, Official records of Santa Clara County .
This Agreement was transmitted withyour letter of .larch 23 ,
1971.
Yours very truly ,
W. R. :i: 0Ef11At"_--.-"
Assistant Distract
Utility Engineer
js
" STATE Of CAUPONO AJiiNESS AND TRANSPWATKM ACAFNiCT
UVARWIff Of MULAWRICS
WASION OF HIGHWAYS 3991*921
P-0. qx 7T91 RONCO.`+1 ANNEX, SAN FRANCISCO 94120
04 SCl %85 18.2
RYJ90 :gE
475
vt-,rt�1.61
t Nam._._
No.10869—b
JOINT USE GREEMENT
THIS AGREEMENT, entered into this----15th__day of_____ ..-_torch___------------- 1971___-, by and
between---THE CITE OF CUPERTINO. a municipal corporation
hereinafter called "Company," and the STATE OF CALIFORNIA, acting by and through its
Department of Public Works, Division of Highways, hereinafter called "State,"
WI'MESSETH
WHEREAS, Company is the owner in possession of certain rights of way and easements, hereinafter
`.referred to as "Comp.,nv's easement" conveyed in the deed from
Water Works of Monta Vista, Ltd, , to the City of Cupertino,
dated and recorded March 1, 1960, in Book 4713, Page 506,
Official Records of Santa Clara County, State of California,
O
a
Q
and
WHEREAS, State has acquired certain lands for highway purposes in the vicinity of-- the_ _ --_---
City of Cupertino ------_a County of- Santa-Clara----------------
on State aad_----------SCl 85-------------------------_ -_ ______________---- hereinafter referred to as "highway
right of way," which said highway right of way is subject to Company's easement; and
JAN 28 1971 "' 082MD41M
'��°"
Nil
®.• •/►r» ""i��� 6£!tM-041 f1ID'1►.f.YS1
gag 476
WOMM, Company's facilities on the said highway right of way will interfere with ar obArtwt
the construCHM reemstruction,maintenance or use of said higlsway, and States desires to eliminate
such iuberferer or obsbuctim.
Now, TwmrFoxe, Company and State hereby mutually agree as follows:
I. The location of Company's easement so far as it now lies;within the said highway right 3f way
be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter
referred to as "new location," described as follows:
SEE EXHIBIT A. which is made a pest of this document
CO..i90..tERi.BtO0."OM oar
•
Am
AGREEmm-t -3- FORN R/W.38 (R".12.57)
5001 woo
2. Company will reasranm relocate or recoristrurt within said new location any of its Ries
now installed pwvuant to Company's easement within said h ij*way right of way and Company does
hereby surrender and quitclaim to the State all of Company's right, title and interest Dander and by
virtue of Company's easement in the old location within said highway right of way and r acluded
in said new *ocation. Company hereby consents to the construction, reconstruction, m, -enance or
use by State of a highway over, along and upon Company's easement both in the old location and in
the new location within said highway right of wary upon and subject to the terms and conditions
herein contained.
3. State acknowledges Company's title to Company's easement in said new location and the
priority of Company's title over the title of State therein. Company has and reserves the right and
easement to use, in ccmmon with the public's use of said highway, said new location for all of the
purposes for which Company's easement was acquired, without need for any further permit or per-
rnission from State. Except in emergencies, Company shall give reasonable not►ce to State before per-
forming any work on Company's facilities in said new location where such work will be performed
in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all
cases, Company hall crake adequate provision for the protection of the traveling public.
EST.33i5 304S3 11 6 ION:1 S►S
Forty R/W-38 apay.to-s7i
a 00 4 oft
18
Company shall not in the exercise of its rights under
its easement pass throes or over the freeway Pence con-
structed by State across C=Wanyls easement right or left
of Engineer's Station A 427+30+ except in emergencies or
when necessary to permit the construction, reconstruction
or replacement of Company's facilities
66T.8)82.41"7-800 4.70 IN Sao
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S. In the event that the future use of said highway right of way shall at any time or times neces-
sitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then
exi ming in said new location and State shall notify Company in writing of such necessity and agree
to reimburse Company on demand for its costs incurred in complying with such notice, Company
will provide State with plans of its proposed rearrangement and an estimate of the cost thereof and,
upon approval of such plans by State, Company will promptly proceed to effect such rearrangement,
relocation, reconstruction or removal. Company shall make adequate provisions for the protection
of the traveling public. No further permit or permission from State for such rearrangement shall be
required and State will (1) enter into a joint use agreement on the same terms and conditions as are
herein set forth covering any such subsequent relocation of Company's facilities within said highway
right of way, (2) provide executed document(s) granting to Company a good and sufficient easement
outside of the highway right of way if necessary to replace Company's easement or any part thereof,
and (3) reimburse Company for any costs which it may be required to expend to acquire such case-
ment, provided it is mutually agreed in writing that Company shall acquire such easement.
b. Except as :xpressly set forth herein, this agreement shall not in any way alter, modify or termi-
nate any provLMon of Company's easement. Both State and Company shall use said new location in
such a manner as not to interfere unreasonably with the rights of the other. "nothing herein, con-
tamed shall be construed as a release or waiver of anv claim for compensation or damages which
Company or State may now have or may hereafter acquire resulting from the construction of
additional fac,#;ties or the alteration of existing facilities by either State or Company in such a manner
as to cause an unreasunable interference with the use of said new location by the other party.
7. This agreement shall inure to the benefit of and be binding upon the Successors and assigns of
both parties.
STATE OF CALIFORNIA.
+ Santa Clara f S
March
Seventy One Jeremiah J. itzgerald
Gary G. Stokes and W,m. E. Ryder
- -•�•.- h -r o City Mayor and Ci
Clerk '
E
10054 Sr: S_ _ _ ! .C� es una z 45014
City of Cupertino .. Santa Clara
STATE OF CALIFORNIA
COL•\'TY OF SACaAA4ENT0 4,81
On.this o6 day of e-4 /2- ' in tin year t 9 P ,before rne, (Vt;tvCY �.. 5>CVA
f
a Nulary Prbltc in on, for the Stair of California, rrsrdrn tt bruin, duly commissioned and sworn, prrsondh appes�rd
- known to me to he the '-�._,�` S cir
Highaal Engineer of titr Ver n/ California., dewribed in and that rteepftl :rr
u ithin instrument, and alw known to me to be the person a ho a%ecuird the 4wra
t
on bebal f of thr Slate of Calb,urns therrin named and he acknnu Iedged tr, me v,,
!be Slay or C.1riornra riecuted the samr.
i
1.14 WITvt's WHtaeot, I fw.e hereunio srt m) hand and affi%ed ml sea, to
said count y, the dat aad year lira ahe.t r u rttten.
••, I►� 1� --�— s tt�elw-�e r�aev.wasp
•
Ix Vnwass W*uaBoF, the part= $moo have caused this agreenwnt to to executed m du to
by their rewective officiah dweunto duly
Rec+twmev rd for tom: CITY OF CUPERT00
d> By
uh1 mate ---
1Neyor, C Cupertino
City Cle
Mot of Vy AS.. STATE OF CALIFORNIA
Pewnum DEPARTMENT OF PUBLIC WORKS
J �e t
s Approved as to foam and prwedatre: Director of Works
t Attorney,Department of Public 4orbs — BY--
t
STATE OF CALIFORNIA
COLN-I TY OF SACRAMENTO
On this day of —--------- - . in the 1--ar M , before me,
the undersigned, a Notary Public in and for the County of Sacramento, State of California, residing therein, duly com-
miss:vned and sworn, personally appeared --........ ----------- ---------- .....
known come to be the- --- -------- _ Director of the Department of Public Works of the State of California,
described in and that executed the within instrument, and also known to me to be the persr a who executed the same on
behalf of the State of California therein named and he acknowledged to me that the State of California executed the same.
WrrNEss my hand and official seal
- -------------- ------- -- - - -------------------- ---(sea)
Name (Typed or Printed)
Notary Public in and for Said County and State
a&T.tu.Mts-too 11-97 rein OO Cop
RESOLUTION 1�'J. 3036 V
A RESOLUTION OF THL CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
JOINT USE AGREEMENT NO. 20869-B WITH STATE OF CALIFORNIA, DEPARTMENT
OF PUBLIC WORKS, DIVISION OF HIGHWAYS
WHEREAS, the City of Cupertino is the owner of a certain easement over
land acquired by the State of California for right-of-way purposes known as
State Route 85; and
WHEREAS, Cupertino's easement will interfere with or obstruct the State's
g` highway construction; and
WHEREAS, Cupertino can accommodate State's facility by changing the ease-
ment to an area of common use; and
WHEREAS, Joint Use Agreement No. 20869-B has been presented by the State
of California through its Department of Public Works, Division of Highways,
to the City of Cupertino for execution to permit the elimination of that
certain Cupertino easement and approve the use of a common area for easement,
all as more fully specified in said agreement and exhibit attached thereto,
and said agreement having been approved by the City Engineer;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute said joint Use Agreement No. 20369-b in behalf
of the City of Cupertino.
BE IT FURTHER. RESOLVED, that the- Cit% C?er:- be and is hereb• directed
to furnish the State of California with two certified copies of this rescluticn.
PASSED A:�`D AIDOPTE-D at a regular meeting; of the City C0ur. .. of the Cite of
Cupertino this 11' il. day of 1971 , by the following vote:
el, v' esoAYES: Councilmen - !
NOES: Councilmen - ';'Aie
ABSENT: Councilmen - N I e
APPROVED:
G_:ry ones
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E . _4ydler THIS IS TO CERTIFY THAT Ti-IE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
City Clerk OF THE ORIGINAL ON FILE IN TH;S OFFICE,
ATTEST z]&
Cl-rf CLE K OF THE CITY OF CUPER7TINO
i•
BY
CIYKf CLERK
S
tt*`
AND DWSUNNYVALE - EXHIBIT A .CITY OF
�W. A "j n
UPORNIA
fI4* M 0V M0049S 4713 O.R. 50G
Ps¢Z0V Ka•i�.vt&L oosTest+tCtt& CITY OF OUPERTIM
OLD ems%-10 BE
—e•�'� 4UITCLAiMED BY JUA
M4971.61-W869-9
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City Le=
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OF CUPERTINO ON
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NCVV Location Of Water Long Ease.:F'°
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DEP,:GT.k!NT Of PU!"C `0vS'-:'3
s LIN ®SYiSSG�o_ D'DISTRICT
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