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2388 Shaftesbury Road - Timberstone DevelopmentCONSENT TO ENCROACH 2015012465 ENCR $28.00 03/19/2015 10:50:29AM 9 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented I VIII I I IIII I I III IIII VIII VIII I III VIII VIII VIII VIII VIII IIII III1 THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Timberstone Development, LLC, 10 North 7th Street, Lafayette, Indiana, 47901, (individually and collectively, "Owner "), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ( "City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 928 ( "Lot ") in Village of WestClay Subdivision, Section 10004A which is located within the corporate limits of the City of Carmel, Indiana ( "Subdivision "), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet #3, Slide #181, Instrument # 200300052519 in the Office of the Hamilton County Recorder on June 6, 2003, as Village of WestClay, Section 10004A (the "Plat "); and WHEREAS, the current Owner wishes to install a driveway on the Lot (the "Site Improvement "); and WHEREAS, Owner has given the City a sketch ( "Sketch ") depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer Easement, identified as "20' D.U. & S.E." on Exhibit B (the "Easement "); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment ") upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel City Code Section 6- 227(4) on Marc l, 18, 20'S ; and CONSENT TO ENCROACH THIS CONSENT TO ENCROACH (hereinafter the "Agreement ") is entered into by and between Timberstone Development, LLC, 10 North 7th Street, Lafayette, Indiana, 47901, (individually and collectively, "Owner "), and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety ( "City"). WITNESSETH: WHEREAS, Owner owns in fee simple Lot 928 ( "Lot ") in Village of WestClay Subdivision, Section 10004A which is located within the corporate limits of the City of Carmel, Indiana ( "Subdivision "), which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet #3, Slide #181, Instrument # 200300052519 in the Office of the Hamilton County Recorder on June 6, 2003, as Village of WestClay, Section 10004A (the "Plat "); and WHEREAS, the current Owner wishes to install a driveway on the Lot (the "Site Improvement "); and WHEREAS, Owner has given the City a sketch ( "Sketch ") depicting the location of the Site Improvement on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as Drainage, Utility, and Sewer Easement, identified as "20' D.U. & S.E." on Exhibit B (the "Easement "); and WHEREAS, the Easement is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment ") upon the Easement, which Encroachment is crosshatched on Exhibit B; and WHEREAS, City of Carmel Board of Public Works and Safety approved the Owner's request for a variance from Carmel City Code Section 6- 227(4) on Marc,- 1%, 20 Is ; and WHEREAS, Owner and City acknowledge the location of the Encroachment; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements not indicated by Owner on Exhibit B; and WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially interfere with the City's use of the Easement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. The City consents to the Encroachment for only so long as (i) the Encroachment exists; and (ii) Owner complies with all of the terms and provisions of this Agreement. 3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure or otherwise change the Site Improvement from what is depicted on Exhibit B, and to maintain the Site Improvement in good condition and repair. 4. Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility lines, sewer lines or drainage ditches located in the Easement, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site Improvement, the Lot, or to Owner. 5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement, as provided in this instrument, regards the City's Easement interests only, and does not constitute permission or authority for the Owner to otherwise enter on, in, under, over, or upon the property interests of any other person without that person's consent even if such property interests are also located within the Easement. 6. Owner agrees to indemnify and .hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Lot, or otherwise, and/or for any failure of proper disclosure pursuant to Paragraph 12 hereof, which results directly or indirectly from any act of Owner, its employees, contractors and/or agents in, on, under, across or to the Easement. 7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to the Easement and any improvements located therein caused by the installation, construction, maintenance and/or operation of the Site Improvement. 8. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City a recorded copy of same within ten (10) business days of the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. 9. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 10. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. 11. This Agreement shall be effective as of the date on which it is last executed by a party hereto. 12. The Owner agrees to provide full disclosure of this Agreement to all persons, entities and others who acquire by or through Owner any interest in the Lot on and after the effective date of this Agreement. 13. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time. 14. Owner agrees to remedy any drainage problems or issues, saturated soil or standing water on the Lot or adjacent properties determined by the City to be resulting from the Encroachment. "OWNER" JOHN B. SCHEUMANN, Representa Timbersto a De • • • m • • j� Signa 6 re 7Da -/Z C0X-S—' STATE OF INDIANA ) SS: COUNTY OF i ) A �T RACHEL R FOWLER Notary Public, State of Indiana r. Johnson County Commission # 617190 My Commission Expires April 07, 2018 Before me, a Notary Public in and for said County and State, personally appeared JOHN B. SCHEUMANN of Timberstone Development, LLC, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary act and deed. Witness my hand and Notarial Seal this XV, day of c • , 201 My Commission Expires: 4f i/i RY PUBLIC c c_IA e (Z. 10■..) Printed Name My County of Residence: "CITY" CITY OF CARMEL, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY BY: James Brainard, Presiding Officer D.te: (r NW/ Mary Ann : rice, Mem Date: /8 /S Lori Watson Date: ATTEST: mber sf l(6/(5 Diana Cordray, IAMC, " - k- Treasurer Date: STATE OF INDIANA ) SS: COUNTY OF HAMILTON Sandra M Johnson Deputy Clerk For Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Sand rarvuj.1nrMsor.43:041 A-4'4 Safety, and , Clerk- Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "Consent To Encroach" on behalf of the City of Carmel, Indiana. Q4 +� Witness my hand and Notarial Seal this ° day of , 20 LS . My Commission Expires: V /V /7 e(A14,12 NOTARY PUBA-IC ' - Printed Name " t My County of Residence: ffg/n //-T.� This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Douglas C. Haney, Esquire EXHIBIT A LOT 928 IN THE VILLAGE OF WESTCLAY SUBDIVISION SECTION 10004A RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER ON JUNE 6, 2003 IN P.C. #3, SLIDE 181 AS INSTRUMENT #200300052519 EXHIBIT B Group. Land Surveyors 494 Gradle Drive Phone: 317.844.3333 Carmel. IN 46032 Fax: 317.844.3383 www.SEAGroupLLC.com THIS PLOT PLAN WAS PREPARED BASED ON INFORMATION TAKEN FROM RECORD PLATS. SUBDI1BSION PLANS, RECORD DRAWINGS AND PLANS PROVIDED BY CLIENT. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY SITE CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE S E A GROUP LLC and 8RENWICK OF ANY DISCREPANCIES. LOCATION OF UTILITY LATERALS ON PLOT PLAN ARE GENERAL LOCATIONS PER PLAN AND SHOULD BE VERIFIED 111 THE FIELD. NOTE: BUILDER TO ENSURE POSITIVE FLOW AWAY FROM STRUCTURE. NOTE: SUMP TO BE PLACED BY BUILDER AS NEEDED. NOTE: BUILDER IS TO GRADE 610576RD SWALE TO GRADES SHOWN ON THIS PLAN. IF BUILDER 15 UNABLE TO ACHIEVE POSITIVE DRAINAGE AWAY FROM PROPOSED STRUCTURE, THE ENGINEER SHALL BE CONTACTED. BUILDER IS NOT TO DEVIATE FROM GRADES SHOWN ON THIS PLAN WITHOUT THE CONSENT OF BOTH THE ENGINEER AND BRENWICK. NOTE: THE FINISHED FLOOR ELEVATIONS AND PAD GRADES DEPICTED ON THIS PLOT PLAN 15 OPEN FOR RENEW BY BRENWICK DEVELOPMENT. THE BUILDER IS CAUTIONED THAT SAID INFORMATION IS SUBJECT TO CHANGE. DENOTES LOCATION PER CONSTRUCTION PLAN DRAWINGS. CONFIRM BEFORE CONSTRUCTION OF 6' SANITARY LATERAL AND WATER SERVICE LINE. NOTE: CONCRETE APRON TO MATCH EXISTING ALLEY EDGE OF PAVEMENT ELEVATION ALL MUD IN STREETS FROM TRUCKS LEAVING LOT TO BE CLEANED AT THE END OF EACH DAY. SILT FENCE TO BE USED WHERE NEEDED TO KEEP MUD OFF OF STREETS AND OUT OF STORM SEWERS. AREA OF WATER TAP TO BE BACKFILLED WITH GRANULAR MATERIAL TO WITHIN 10' OF TOP OF CURB. AREA OF WATER TAP 70 BE RESTORED TO ITS' ORIGINAL CONDITION PRIOR 70 CONSTRUCTION. ALL 5556155 LATERAL CROSSINGS Al CURB ARE STAMPED SS= SANITARY SEWER 50- SUBSURFACE DRAIN W= WATER 100.01 PROPOSED GRADE PER PLAN GROUND WATER FLOW — —� SANITARY SEWER UNE STORM SEWER UNE —� — ^ -- WATER UNE EASEMENT UNE BUILDING SETBACK UNE NOTE: (PRIMARY AREAS – WESTCLAY) MAX. HEIGHT: 30' BUILD –UP UNE: 2 STORIES MAX. COVERAGE: 50% NOTE: PAD ELEVATION SHOWN IS PER PLANS AND IS NOT THE AS –BUILT ELEVATION. LOT# 928 14,002 S.F. Storm 51,. Ta.695.00 Pa Plan Stern 51r. Ta.69S50 Strom Sb. Ta.695.00 Per Plan ALLEY Cart. IC 31.67 14.17' 5.17' RSMT 1° t 12x15 YTE.1190.3 PORCH PTO AREA PROPOSED 14.17' GAS 66 T RESAENCE TE 900. 10.00' 7.2 y 8.1' 24.75' 10.83' I PORCH Fa' :. 25.0' @m J JJI'' 897.8 �t:t2` _ 407' Y. I _ g: ( � / 1897.61 ! ` ((8 7 1 z+e�, �'A /) l @ `` \ ` a s ) 5 Y PAL ��. 5 51am 5,,. 16 897.60 • Pr Pis sly \S 1ESBURY ROAD MINIMUM SETBACKS bib. Side = 8%1 of width 9 B L L7 2 Feat) Min. Rear = 20 Feet Md. = 185 of lot width 9 B.L, (16.2 Feet/ LOCATION OF UTILITIES ON PLOT PLAN ARE GENERAL LOCATIONS PER PLAN AND SHOULD BE VERIFIED IN 11-15 FIELD. Saatsy S1x.(419) 0. 1698.70 Pr Piro NOTE: (SECONDARY AREAS – WESTCLAY) MAX. HEIGHT: 35' ON LOTS 100' AND LARGER (TO EVE LINE) 30' ON LESS THAN 100' MAX. COVERAGE: 505 GRANULAR BACKFILL SUGGESTED UNDER DRIVEWAY AT SANITARY SEWER LATERAL TRENCH, WATER LINE TRENCH AND ANY OTHER EXCAVATED AREAS. (IF SITUATION OCCURS) Property Description: Lot Number 928 in the Village of Westclay, Section 10004 —A, an Addition in Hamilton County, Indiana, as per plat thereof recorded os Instrument Number 200300052519 found in the Office of the Recorder of Hamilton County, Indiana. PLOT PLAN Prepared For: Homes By John McKenzie Scale: 1 " =30' Drawn by DJR Date: Jan. 9, 2015 'Job # 820150035 Residence 2388 Shaftesbury Rood SaNt y 51,.(sia) 1'0.697.00 Ps Plan NOTE: THE INFORMATION FOR THE ELEVATION DIFFERENCE BETWEEN THE PRIMARY FINISHED FLOOR ELEVATION TO THE TOP OF BASEMENT WALL AND TO THE BASEMENT FINISHED FLOOR WAS PROVIDED BY THE BUILDER. No. ? a m LS20200083 s� - STATE OF 7, �i�• '•. /NOINa:: /e-:- ��«SUR`I L. March 6, 2015 JAMES BRAINARD, MAYOR Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CONSENT TO ENCROACH — 2388 SHAFTESBURY ROAD — DRIVEWAY IN EASEMENT Dear Board Members: A Consent to Encroach document, signed by John B Scheumann on behalf of property owner Timberstone Development LLC, is submitted to the Board for signatures. Board approval for the encroachment is granted by the Board of Public Works during the March 18, 2015 BPW meeting. The Department of Engineering has reviewed and approved the encroachment document. Upon approval and signature by the Board members the document will be recorded with the Hamilton County Recorder's Office. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: CONSENT TO ENCROACH DOCUMENT S:\ BPW15\ 2388SHAFTESBURYROADENCROACHMENT .DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineeringOcarmel.in.gov r�Y March 6, 2015 i w 00 ®;U+DU+J, an- e 0 ©© BEM CITY OF CARMEL Board of Public Works and Safety JAMES BRAINARD, MAYOR One Civic Square Carmel, Indiana 46032 RE: REQUEST FOR VARIANCE (DRIVEWAY IN EASEMENT) — 2388 SHAFTESBURY ROAD, CARMEL, IN 46032 Dear Board Members: Timberstone Development, LLC, owner of the property with the common address of 2388 Shaftesbury Road, (Lot 928, Village of WestClay Subdivision, Section 10004A) has requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for installation of a driveway in portions of the lot designated as a 20' Drainage, Utility, and Sewer Easement. It is not expected that the installation of the driveway at the proposed location will result in a Detriment (as defined in City Code) to the subject property or the adjacent properties (provided the petitioner adheres to the conditions recommended below). The Department recommends that the Board approve the variance conditioned upon the following (as discussed with the petitioners): 1. Petitioner enters into a Consent -to- Encroach Agreement with the City and records the Agreement. 2. Petitioner (and successors and assigns) agree to remedy (including removal of the driveway and /or relocating the driveway from the installed location) any drainage issues that, in the opinion of the City, represent a Detriment as defined in City Code. Sincerely, Jeremy Kashman, P.E. City Engineer S:\ BPW15\ 2388SHAFTESBURYRDREQUESTFORVARIANCEDRIVE WAY.DOC DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@carmel.in.gov EXHIBIT B Group. Land Surveyors 494 Gradle Drive Phone: 317.844.3333 Carmel, IN 46032 Fax: 317.8443383 www.SEAGroupLLC.com THIS PLOT PLAN WAS PREPARED BASED ON INFORMATION TAKEN FROM RECORD PLATS. SUBDIVISION PLANS, RECORD DRAWINGS AND PLANS PROVIDED BY CLIENT. IT IS 8H0 RESPONSIBILITY OF THE CONTRACTOR TO VERIFY SITE CONDITIONS PRIOR TO .CONSTRUCTION AND NOTIFY THE S E A GROUP LLC and BRENWICK OF ANY DISCREPANCIES. LOCA110N OF UTILITY LATERALS ON PLOT PLAN ARE GENERAL LOCATIONS PER PLAN AND SHOULD BE VERIFIED IN THE FIELD. NOTE: BUILDER TO ENSURE POSITIVE FLOW AWAY FROM STRUCTURE. NOTE: SUMP TO BE PLACED BY BUILDER AS NEEDED. NOTE: BUILDER IS TO GRADE SIDEYARD SWALE TO GRADES SHOWN ON THIS PLAN. IF BUILDER I5 UNABLE TO ACHIEVE POSITIVE DRAINAGE AWAY FROM PROPOSED STRUCTURE, THE ENGINEER . SHALL BE CONTACTED. BUILDER IS NOT TO DEVIATE FROM GRADES SHOWN ON THIS PLAN WITHOUT THE CONSENT OF BOTH THE ENGINEER AND BRENWICK. NOTE: THE FINISHED FLOOR ELEVATIONS AND PAD GRADES DEPICTED ON THIS PLOT PLAN 15 OPEN FOR REVIEW BY BRENWICK DEVELOPMENT. THE BUILDER, IS CAUTIONED THAT'SAID INFORMATION IS SUBJECT TO CHANGE. DENOTES LOCATION PER CONSTRUCTION. PLAN DRAWINGS. CONFIRM BEFORE CONSTRUCTION OF 6' SANITARY LATERAL AND WATER SERVICE LINE. NOTE: CONCRETE APRON TO MATCH EXISTING ALLEY EDGE OF PAVEMENT ELEVATION ALL MUD IN STREETS FROM TRUCKS LEAVING LOT TO BE CLEANED AT THE END OF EACH DAY. SILT FENCE TO BE USED WHERE NEEDED TO KEEP MUD OFF OF STREETS AND OUT OF STORM SEWERS. AREA OF WATER TAP TO BE BACKFILLED WITH GRANULAR MATERIAL TO WITHIN 10" OF TOP OF CURB. AREA OF WATER TAP TO BE RESTORED TO ITS ORIGINAL CONDITION PRIOR TO CONSTRUCTION. ALL SERVICE LATERAL CROSSINGS AT CURB ARE STAMPED SS= SANITARY SEWER SD., SUBSURFACE DRAIN W= WATER 8 100.01 PROPOSED GRADE PER PLAN GROUND WATER FLOW — " —� —�— SANITARY SEWER UNE - - - -•"— STORM SEWER UNE — � —� WATER UNE - - -- -- - -- EASEMENT UNE BUILDING SETBACK UNE NOTE: (PRIMARY AREAS - WESTCLAY) MAX. HEIGHT: 30' BUILD -UP LINE: 2 STORIES MAX. COVERAGE: 509 NOTE: PAD ELEVATION SHOWN IS PER PLANS AND IS NOT THE AS -BUILT ELEVATION. N LOT# 928 14,002 S.F. 18956) 90.00' Storm S0. 70.491.00 Pr PIm g �caNC1 0w�cl GARAGE FTE -697. f' 4.50' a 18 23.7'kl 23.0' 8 16 5.17' EJ BSMI 1p 12715 FE_69Q3 —PJRQI AO APE 1.17 PROPOSED .... AfS7 80508000 I 6TE"900.2 &2' 14.17' $: 18.00' 70. 24.75' 10.83' emelt FS 091.8 `� 0 8 f7 0100 501. W3' 4C -yP' m -- H AFTESBURY ROAD MINIMUM SETBACKS Min Side = 89 101 width 9 B L (7 2 Feet) Min Rear = 20 Feet Ain = (87 of lot width 0 B,L (16,2 Feet) LOCATION OF UTILITIES ON PLOT PLAN ARE GENERAL LOCATIONS PER PLAN AND SHOULD BE VERIFIED IN THE 8ELD. Swam, w.(418) Tn./797.0D 5mltr ry Pr Nan b Tv828.70 Per Plan NOTE: (SECONDARY AREAS - WESTCLAY) MAX. HEIGHT: 35' ON LOTS 100' AND LARGER (TO EVE LINE) 30' ON LESS THAN 100' MAX. COVERAGE: 509 GRANULAR BACKFILL SUGGESTED UNDER DRIVEWAY AT SANITARY SEWER LATERAL TRENCH. WATER LINE TRENCH AND ANY OTHER EXCAVATED AREAS. (IF SITUATION OCCURS) Property Description: Lot Number 928 in the Village of Westcloy, Section 10004--A, an Addition in Hamilton County, Indiana, as per plot thereof recorded os Instrument Number 200300052519 found in the Office of the Recorder of Hamilton County, Indiana. PLOT PLAN Prepared For: Homes By John McKenzie Scale: 1 " =30' Drown by. DJR Date: Jon. 9, 2015 Job # B20150035 Residence 2388 Shaftesbury Rood NOTE: THE INFORMATION FOR THE ELEVATION , DIFFERENCE BETWEEN THE PRIMARY FINISHED FLOOR ELEVATION TO THE TOP OF BASEMENT WALL AND TO THE BASEMENT FINISHED FLOOR WAS PROVIDED BY THE BUILDER. Check #: 121628 Date: 02/27/2015 Vendor#: 80 City of Carmel Invoice# Job /Description 928VWC Easement 519928 VILLAS OF WEST M &t Bank CHECK NO. 121628 Balance Retain Discount This Check 30.00 30.00 DETACH AND RETAIN THIS STATEMENT. THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE. Original check is printed on chemical reactive paper with fluorescent fiber content and a watermark: hold up to a light to view CHECK NO. - Homes by McKenzie, Inc 4631 Lisborn Drive Carmel, IN 46033 317 - 574 -7616 20 -7043 2740 2g1628 Date 02/27/2015 EXACTLY THIRTY DOLLARS *30.00 City of Carmel One Civic Square Carmel IN 46032 II °b2b62811° I:27407011391: 00540ni93" 2011° tstlAt