O-643-89 12/26/89VILLAGE OF LEMONT
ORDINANCE NO. C7�
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS
ARCHER KNOLLS SUBDIVISION AND THE EXECUTION
OF AN ANNEXATION AGREEMENT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This DV:72, day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook Co nty, Illinois,
this ,?I'day of G„L , 1989.
, 1989.
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS
ARCHER KNOLLS SUBDIVISION AND THE EXECUTION
OF AN ANNEXATION AGREEMENT
WHEREAS, the Annexation Agreement has been drafted, a copy of
which is attached hereto and included herein; and
WHEREAS, the developers and the legal owners of record of the
territory which is the subject of said agreement are ready, willing
and able to enter into said agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided for in the Illinois
Municipal Code for the execution of said Agreement have been fully
complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, STATE OF
ILLINOIS, AS FOLLOWS:
SECTION 1: That the President be and is hereby authorized and
directed, and the Village Clerk is directed to attest to, a
document known as "ARCHER KNOLLS SUBDIVISION ANNEXATION AGREEMENT"
dated the o196Z day of , 1989, as to 10.72 c
acres, (a copy of which is attached hereto and made a part hereof).
SECTION 2: That this Ordinance shall be in full force and C
effect from and after its passage, approval, and publication in
pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this .2G day
of ��� , 1989.
Richard Kwasneski
Kenneth S. Bromberek
Barbara Buschman
Clifford Johnson
Charles Skopec
Bert Ercoli
Approved by me this
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AYES NAYS PASSED AR=
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day o
"71,i
RLENE SMOLLEN, Village Clerk
Z.?",e-e/,',t.e;LevZ„/
1989.
CHARLENE SMOLLEN
Village Clerk
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ARCHER KNOLLS ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 22ndday of
December
19 8 9 , between the VILLAGE OF LEMONT, a municipal corporation of the County of
Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and FIRST
NATIONAL BANK OF LOCKPORT as Trustee under Trust No. 72 -21270 dated Aarch 14,
1989, (hereinafter referred to as "OWNER ") and LCK DEVELOPMENT, INC.,
(hereinafter referred to as "DEVELOPER ").
WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred
to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and
by this reference made a part hereof; and,
WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and,
WHEREAS, DEVELOPER intends the TERRITORY to develop as a mixed use
Planned Unit Development in conformance with the site plan prepared by INTECH
CONSULTANTS, INC., labeled Exhibit "B ", which is attached hereto and by this reference
made a part hereof; and,
WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the
VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set
forth; and,
WHEREAS, DEVELOPER and VILLAGE agree that they will be bound by the terms
of this Annexation Agreement; and,
WHEREAS, the VILLAGE would extend its zoning, building, health and other
municipal regulations and ordinances
over the TERRITORY, thereby
TL{1 Ir.` ,..E, Protecting the
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FIRST TI i 'L RANK OF LOCKPORT
NOY PERSONALLY Es11T r,('1 I Y A11 '11U1S1r1_ AS AFORESAID.
AI I. TM- ('(iVLHANTS AND
CONOITIC I TO i, PFRFO. ,1;rD HEREUNDER
BY 1111 l T t.,, 171I T OF
IT AS TRUSTEE
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AS f _ .., ;1D PLOT lIIDIV;D DALLY
r.111: U .(,L LIACi1ITY
S11A1 L. I L D LiR br LP."ORCEABLE
AGAIN:, 'WE 1 F 0,.1lO11 ,L HANK OF LOCKPORT
GY Ri. SON ( h.NY OF TI1E COVENANTS
STAR ii 1110 FL:PRLSLNTATIONS OR
I!lL:U 10 TIlI 10111 RUMFNT.
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VILLAGE from possible undesirable or inharmonious use and development of
unincorporated areas surrounding the VILLAGE; and,
WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this
Annexation shall extend to the far side of every highway and shall include all of every
highway so annexed; and,
WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of
the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the
TERRITORY and various other matters; and,
WHEREAS, pursuant to the provisions of that Statute, the corporate authority of
said VILLAGE has duly fixed a time for and held a hearing upon the Annexation
Agreement and has given notice of said hearing; and,
WHEREAS, the corporate authority of the VILLAGE has considered the Annexation
and development of the TERRITORY described in the Petition and has determined that
the best interest of the VILLAGE will be met if the TERRITORY is annexed to the
VILLAGE and developed in accordance with the provisions of the Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
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ANNEXATION Co:,
1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes,
the parties hereto respectively agree to do all things necessary or appropriate to cause the
TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon the
execution of this Agreement.
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2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "C ".
Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent
highway and includes all of every highway within the TERRITORY so annexed.
II
ZONING AND LAND USE RESTRICTIONS
Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the
site plan attached as Exhibit "B" shall be classified as a Planned Unit Development.
LOT 1
LAND UNDER LYING DWELLING
USE ZONING UNITS LOTS
Single Family R -4 15 15
Detention Open Space n/a
Office B -1 2
The Planned Unit Development shall further be limited as follows:
SINGLE FAMILY
a) Lot Size: There shall be no more than 15 single family lots.
b) All lots shall be serviced by Municipal Sewer and Water.
c) A landscaping buffer approved by the Village Engineer shall be created to
provide screening from the commercial development.
All single family dwelling units shall have a minimum of 2,000 square feet C
of living area. co)
COMMERCIAL USE
a) There shall be no more than two (2) B -1 commercial lots on Archer Avenue;
b) There shall be an approximate lot square footage of 27,020 sq. ft.
c) Proposed Building - There shall be an office building of approximately 6,200
sq. 11. facing Archer Avenue.
d) Parking - There shall be a minimum of 26 spaces.
e) Yards -
There shall be a 65 foot minimum from Archer Avenue right of way of which
15 feet adjacent to Archer is to be landscaped and the parking lot is to be
approximately 50 feet minimum deep.
There shall be a 20 foot minimum yard from building to residential lots to
be landscaped.
There shall be a 40 foot minimum yard from the building to the side street.
f) Driveway - From the side street into the parking lot there shall be a minimum
of 24 feet wide.
MT
a) There shall be an approximate lot square footage of 25,220 sq. ft. including
the area reserved for detention.
b) Proposed Building - There shall be an office building of approximately 5,220
sq. ft. facing Archer Avenue.
c) Parking - There shall be a minimum of 22 spaces.
d) Yards -
There shall be a 59 foot minimum from Archer Avenue right of way of which
15 feet adjacent to Archer is to be landscaped and the parking lot shall be
44 feet minimum deep.
There shall be a 40 foot minimum rear yard from the building to the
residential lot which shall be landscaped as per Village Zoning Ordinance.
There shall be a 40 foot side yard setback.
Driveway - From the side street into the parking lot there shall be a minimum
of 24 feet wide.
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The Zoning Map of the VILLAGE OF LEMONT be and the same is hereby amended
in ccordance with the provisions of this Ordinance.
III
SITE PLAN APPROVAL
The VILLAGE approves the development of the subject property in general
accordance with the Master Site Development Plan and affirms that said Site Plan
complies fully with the VILLAGE OF LEMONT Zoning Ordinances and the VILLAGE OF
LEMONT Municipal Code except to the extent departures, variances, and bulk exceptions
are set forth herein. The Master Site Development Plat be and the same is hereby
approved and authorized as a Special Use. Nothing contained herein shall be deemed to
prohibit the Owner from revising the aforesaid Master Site Development Plan (including
but not limited to the placement, configuration, size and number of buildings and
improvements) provided that any such revision shall comply with the VILLAGE OF
LEMONT Zoning Ordinance and the VILLAGE OF LEMONT Municipal Code except to
the extent departures variances and bulk exceptions are set forth herein.
IV
WATER
1. DEVELOPER shall extend water mains from such off-site locations in accordance
with the engineering plans and specifications approved by the. VILLAGE Engineer.
2. It is the intent of this Agreement that the DEVELOPER shall install offsite
watermains necessary to deliver a minimum of 1,000 gallons per minute fire flow plus
domestic flow with a 20 pound per square inch residual pressure as outlined in the Illinois
Fire Insurance codes and required by the Lemont Fire Protection District.
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• 3. All water mains constructed by DEVELOPER shall remain DEVELOPER'S
responsibility until such time as they are accepted by the VILLAGE as provided by
ordinance.
4. Water mains shall be designed in accordance with the requirements of the State
of Illinois Environmental Protection Agency Bureau of Public Water Supply and the
domestic and fire protecting needs of the proposed development.
V
SANITARY SEWERS
Sanitary sewers shall be designed in accordance with the standards for sewage works
adopted by the Lemont and the requirements of the Metropolitan Water Reclamation
District of Greater Chicago.
The design and construction of the Sanitary Sewer shall be in accordance with
engineering plans and specifications approved by the VILLAGE Engineer.
VI
STORM WATER DETENTION
DEVELOPER agrees to adhere to the Retention Policy of the VILLAGE and the
Metropolitan Sanitary District agrees to divert storm water as required by the VILLAGE
Engineer. DEVELOPER agrees to install and maintain all drainage courses and detention
areas.
All detention basins and outlet control structures shall be constructed prior to the
installation of onsite roadway and storm sewer system to prevent property damage during
interim improvement construction. DEVELOPER shall take precautionary measures to
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prevent storm water runoff from causing erosion and depositing silt in the Illinois and
Michigan Canal and other tributary drainage ways.
The plans and specifications of the construction of this storm water detention and
shall meet the needs of the TERRITORY as established by the Metropolitan Sanitary
District and the VILLAGE.
VII
RECAPTURE OF UTILITY EXTENSION COSTS.
The VILLAGE acknowledges that OWNER's construction of water, sanitary sewer
and storm sewer systems in the manner shown on the preliminary engineering plan may
reasonably be expected to benefit property other than the subject property, and that the
extension of said systems is consistent with and furthers the fulfillment of the VILLAGE'S
planning efforts. The VILLAGE agrees that upon verification from the Village Engineer,
the Village will adopt a Recapture Ordinance.
VIII
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER
The DEVELOPER agrees to comply in all respects with all present and future
applicable provisions of the VILLAGE Building Codes in connection with the construction
of building on the TERRITORY. The DEVELOPER further agrees to pay all fees,
reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of
the DEVELOPER'S proposal and obtain all permits required by present and future
VILLAGE Ordinances. The DEVELOPER further agrees that all present and future
ordinances of the VILLAGE relating to subdivision controls, zoning, official plan and
building, housing, and related restrictions shall apply to the building, housing, and related
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restrictions shall apply to the development of the TERRITORY which is subject to the
Ageement, except as may be modified by the mutual consent of the parties. The
DEVELOPER hereby agrees to construct sidewalks within the TERRITORY as required by
VILLAGE ordinance.
IX
CONTRIBUTIONS AND DEDICATION
DEVELOPER shall make the following contributions in accordance with each phase
of the development:
(a) Prior to final approval of the Plat of Subdivision, the DEVELOPER shall make
the following contributions:
AMOUNT
1.) VILLAGE OF LEMONT --
2.) HIGH SCHOOL DISTRICT $1,828
3.) ELEMENTARY SCHOOL DISTRICT $6,660
4.) PARK DISTRICT $9,857
5.) LIBRARY DISTRICT $3,584
X
APPROVAL OF APPLICATION
VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
plans and engineering submitted to VILLAGE by DEVELOPER. If VILLAGE shall
determine that any such submission is not in substantial accordance with this Agreement
and applicable ordinances, the VILLAGE shall promptly notify DEVELOPER in writing
of the specific objection to any such submission so that DEVELOPER can make any
required corrections or revisions.
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XI
LETTERS OF CREDIT
In lieu of any bonds or cash escrow deposits for public improvements, the
DEVELOPER may furnish to the VILLAGE irrevocable letters of credit, in the required
amount issued by the reputable banking or financial institution authorized to do business
in the State of Illinois, and shall be subject to the approval of the VILLAGE Board.
At the time of final plat approval, the letters of credit or other evidence or adequate
funds or security shall at all times be equal to the contract cost of the public improvements
being constructed in each phase of development. If actual construction costs are not
available at time of plat approval, the DEVELOPER shall deposit securities as herein
provided, in an amount equal to 125% of the estimate cost for said improvements as
determined by the VILLAGE Engineer. Upon completion of the construction of
improvements, or any part thereof, the DEVELOPER shall request the VILLAGE Engineer
to inspect the same. Within twenty -one days after such request, the VILLAGE Engineer
and /or Public Works Director shall, in writing, advise the DEVELOPER of the condition
of the improvement, what corrections, if any, are necessary, and whether same shall be
accepted by the VILLAGE. Upon completion of the Improvements or any part thereof, in
accordance with the plans and specifications thereof, the VILLAGE shall accept the same
upon deposit of a corporate guarantee for one (1) year period after acceptance as required
by the subdivision ordinances.
The dedication of the improvements to the VILLAGE shall be deemed accepted upon
formal action of acceptance by the corporate authorities of the VILLAGE, and the delivery
by the DEVELOPER of a properly executed Bill of Sale for all improvements contained
within the dedication.
Upon acceptance of dedication of the VILLAGE, the DEVELOPER may reduce the
letter of credit or form of financial responsibility by an amount equal to the value of the
improvements so accepted.
XII
NOTICE OF VIOLATIONS
VILLAGE will issue no stop orders directing work stoppage on building or parts of
the project without giving notice of the Section of the Code allegedly violated by
DEVELOPER, so the DEVELOPER may forthwith proceed to correct such violations as
may exist. Moreover, the VILLAGE shall, insofar as possible, give advance notice to the
DEVELOPER shall have an opportunity to correct possible violations. This paragraph
shall not restrain the Building Official from issuing a stop work order in any case where
he considers a continuation of the work to constitute a threat to the health or safety of the
public or personnel employee on or near the site. VILLAGE shall provide DEVELOPER
notice as required by Statute of any matter, such as public hearing, proposed building
code changes and policy changes or other matters which may affect the TERRITORY of
development of it under this Agreement.
XIII
REVERTER C
This Annexation Agreement shall be in effect for twenty (20) years but if the
Development and all of the improvements have not been completed within two (2) years W'
from the date of this Agreement, the zoning of this TERRITORY shall revert to R -1. If the
terms of this Agreement are substantially violated by OWNER or DEVELOPER, the zoning
for the undeveloped portion of the TERRITORY shall revert to R -1.
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XIV
MAINTENANCE BOND
At the time or times or acceptance by VILLAGE of the installation of any part,
component or all of any public improvement in accordance with this Section, or any other
section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond
in the amount of five percent (5 %) of the cost of the installation of the public improvement
accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held
by the VILLAGE for a period of twelve (12) months after completion and acceptance of
all improvements. In the event any defects in material and /or workmanship have
developed within said period, then said Bond shall not be returned until correction of said
defect and acceptance by VILLAGE of said corrections.
XV
DAMAGE TO PUBLIC IMPROVEMENTS
OWNER shall replace and repaid damage to public improvements installed within,
under or upon the Subject Realty resulting from constructions activities by OWNER, their
successors or assigns and their employees agents, contractors or subcontractors during the
term of this Agreement, but shall not be deemed hereby to have released by other party
from liability or obligation in this regard. OWNER shall have no obligation hereunder
with respect to damage resulting from ordinary usage, wear and tear. W
XVI C
RECORDING t.
This Ordinance together with all its exhibits and plans shall be recorded in the
Office of the Recorder of Deeds in Cook County, Illinois upon completion of the Planned
0
Unit Development herein. Final plats of subdivision shall be recorded by subphase.
XVII
SEVERABILITY
If any provision of this Ordinance is held invalid, such provision shall be deemed
to be exercised therefrom and the invalidity thereof shall not affect any of the other
provisions contained herein.
XVIII
TERMS OF THIS AGREEMENT
This Agreement shall be binding upon all the parties hereto, their respective
successors and assigns for a period of twenty (20) years. All of the terms and conditions
provided herein shall run the land.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
ATTEST:
VILLAGE CLE K
VILLAGE OF LEMONT AND THE
CORPORATE AUTHORITY THEREOF
First National Bank of Lockport
2- 3.270 CZ
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and
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ATTEST : /(!�,>'{.l /CT s r� , �. 5 � ,
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icl•` t �QOR /1'`'
ice Pres
ofS ,, 1" 7 �---- i
?HIS INSTRUMENT t EXECUTED RY THE / ),y _-
FlitS1 NAIIONAI HANK OF IOCKPORT %,/, ,a, ‘..'� .I'BYF
NOII PERSONAI 1 Y till F 5,11 1 I Y AS 1101`:1 F L AS AFORESAIr11 ' V'`
COND1.1100
Al :I 10 111t i`1 I 0,011 11I1 ) AND
HEREUNDER �li �k �S 1.1� 1����
• 13Y lilt_ IIR51' N,1110NAI 11ANI< OF IOCKPORT
'ARE lli`:i +( IN 1.LK( N I;1' 17 501 ELY AS TRUSTEE
AS + 1 li ..i,u Nfli INDIV1411ALLY
PI i. )I!LL. LUAO11.ITY
5NA11 1.1 laSllt is la 012 1,5 Erg OROEARLE
AGAINST 1111 i li.S l N!,11 10;.4_ Iti,N5 OF LOCKPORT
BY 1+1.FI'.'Fl /0 nP1, 1/ "WE COVENANTS
sl51 1/1 ft 5, lit 111 1. ^ ^" ^O
WARRAN1ll t, 1'.OH I P.INII1 IN I11, 'T
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STATE OF ILLINOIS
COUNTY OF WILL
ss.
the undersicr ed
.k Norr: Public in and for said County. in the state aforesaid. DO HEREBY
CERTIFY, that Donna J. Wroblewski
Trust Officer of the FIRST NATIONAL BANK OF LOCKPORT and
Nina Beavers
.tfi `r-=`XVice- President of said Bank. personally known to me co be the saint
persons whose names are subscribed co the foregoing instrument as such
Off:cerand s ; MXxVice- President respectively, appeared before me this day
person and acknowledged chat then signed and delivered the said instrurnen: as
their own free and voluntary act, and as the free and voluntary act of said Ban;:.:: -
the uses and purposes therein set forth; and the said X;S'X,"..It;{ Vice - President
also ther and there acknowledge chat
custodian of the corporate seal of said Bank, did affix the said corpora :e se_: c:
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said Bank to said instrument as
her own free and v.,.
uncar: act. and as the free and voluntary act of said Bank, for the uses and pur-
poses therein set forth.
Given under my hand and Notarial Seal this
December 19 89
"OFFICIAL SEAL"
LEONARD P. WIDNER
Notary Public, State of Illinois
My Commission Expires 1/18/91
22nd
30N1312
,f* C-37Cc,c. e6/14.
Nocar' Public
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, /I .. ak i )1. S m , -r , a Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
l c, t 1--a/ C f1 A R1_ EN E. rnoL (e y personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, respectively appeared
before me this day in person and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act.
Given under my hand and Notarial Seal this ) ,- day of
19`9.
My commission expires: l -1a-9X
Inv c,A ♦A
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by
Notary Public
"OFFICIAL SEAL"
Valerie I1. Smith
1fMisf Mk, State of Illinois
Wife 6 -13-92
0313
CERTIFICATE
OFF/CAC. eacl/3-
VILLAGE OF LE ,,iNT
418 Main Si.,.at
Lemont, Ill. 60439
3003131Z
/,_ Charlene Smollen certify that I am the duly elected and acting
municipal clerk of the VILLAGE OF LEMONT, Cook County, Illinois.
I further certify that the attached is true and correct to the best of
my knowledge.
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DATED at Lemont, Illinois, thisg day of,i6.46 47'4 AER p 1 9 g • 0
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CONSULTING ENGINEERS / SURVEYORS
(312) 964.5656
DOWNERS GROVE. ILLINOIS 60515
5413 WALNUT AVENUE
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