HomeMy WebLinkAboutResolution #5384 RESOLUTION NO. 5384
A RESOLUTION APPROVING TEMPORARY EASEMENT AND DEDICATION OF
RIGHT-OF-WAY FROM STEPHEN AND BONNIE BREESE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,
ILLINOIS,AS FOLLOWS:
I. That the Dedication of Right-of-Way, substantially in the forms as attached hereto as
"Exhibit I," is hereby ACCEPTED and APPROVED.
2. That the Temporary Easement, substantially in the forms as attached hereto as
"Exhibit 2," is hereby ACCEPTED and APPROVED.
3. That the City Attorney is authorized to revise the Dedication of Right-of-Way and
Temporary Easement as necessary in order to substantially accomplish the purposes set forth therein.
4. Upon proper release of any mortgages by any financial institutions or lenders (if any)
against the area described as the Public Roadway in the Dedication of Right-of-Way and Temporary
Easement,the Mayor of the City of Canton is authorized and directed to execute said Dedication of
Right-of-Way on behalf of the City of Canton.
5. That this Resolution shall be in full force and effect immediately upon its passage by
the City Council of the City of Canton,Illinois, and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 5th day
of July, 2022,upon a roll call vote as follows:
AYES: Alderperson Andra Chamberlin,Justin Nelson, John Lovell, Craig West, Angela
Hale, Angela Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Jeff Fritz
APYROVVD.
Kent McDowell,Mayor
ATTEST:
Diana Pavleylga, City Clerk
Return to:
City of Canton
2 N. Main Street
Canton, IL 61520
Prepared by:
Christopher J. Jump
DAVIS&CAMPBELL L.L.C.
401 Main Street, Suite 1600
Peoria, IL 61602
DEDICATION OF RIGHT-OF-WAY
This Dedication of Right-of-Way ("Dedication") is made the day of July, 2022 by
and between Stephen L.Breese and Bonnie S. Breese(collectively"Breese"or"Grantor")and the
City of Canton (the "City" or "Grantee"), an Illinois municipal corporation, for the purposes of
dedicating a public roadway or right-of-way known as Cass Place (the "Public Roadway") from
Breese to the City.
For and in consideration of Four Hundred Thirty and No/100 Dollars ($430.00) and other
good and valuable consideration,in hand paid,the receipt thereof is hereby acknowledged,and the
benefits resulting from the maintenance of the Public Roadway, Breese does, by these presents,
grant, convey, and dedicate to the City forever and further releases the City from all damages
which may be caused by construction, maintenance and use of the Public Roadway, the Public
Roadway, which is legally described as follows:
LEGAL DESCRIPTION—RIGHT OF WAY PARCEL
Part of Lots 2, 3, and 4 of Block 7 in Fairview Heights Addition to the City of Canton,
Fulton County, Illinois, more particularly described as follows:
Beginning at the southeast corner of said Lot 2, thence South 89019'54" West (bearing
based on the Illinois State Plane Coordinate System,NAD83 (2011),West Zone)along the
south line of said Block 7 a distance of 48.82 feet to Big Creek, being the property line as
described in Warranty Deed recorded December 27, 2001 as Document No. 01-17737;
thence North 89°04'26" East 24.52 feet; thence South 68°45'48" East 53.99 feet to said
south line of Block 7; thence South 89'19'54"West along said south line 50.36 feet to the
Point of Beginning.
The above described Right of Way Parcel contains 1243 square feet, more or less.
PIN: Part of 09-08-27-125-002
The above-described Public Roadway is more fully set forth and described on the Right of
Way Plat,which is attached hereto as"Exhibit A" and hereby fully incorporated herein.
1
Breese further authorizes the City, or its elected or appointed officials, employees,
representatives, agents, and contractors, to enter into and take full and complete possession of the
Public Roadway and Breese waives any and all rights of any damages which may be caused
thereby.
By executing below, the undersigned warrant and represent that they have the authority to
execute and approve this Dedication.
This transfer is exempt under Section 31-45(b) of the Illinois Real Estate Transfer Tax
Law.
Dated this day of July, 2022. GRANTOR:
Stephen L. Breese
Bonnie S. Breese
ACCEPTED AND APPROVED:
CI Y Ot CANTONL'�A
Yv"
K nt McDowell,Mayor
Attest:
Diana Pavley-Rock, City Clerk
2
STATE OF ILLINOIS )
SS
COUNTY OF FULTON )
I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO
HEREBY CERTIFY that STEPHEN L. BREESE,personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he signed and delivered the said instrument as his free and voluntary act for the
uses and purposes set forth therein.
Given under my hand and Notarial Seal this day of July,2022.
Notary Public
STATE OF ILLINOIS
SS
COUNTY OF FULTON )
I,the undersigned,a Notary Public,in and for said County and State aforesaid,DO
HEREBY CERTIFY that BONNIE S.BREESE,personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that she signed and delivered the said instrument as her free and voluntary act for the
uses and purposes set forth therein.
Given under my hand and Notarial Seal this day of July,2022.
Notary Public
STATE OF ILLINOIS )
SS
COUNTY OF FULTON )
I,the undersigned,a Notary Public,in and for said County and State aforesaid,DO
HEREBY CERTIFY that KENT McDOWELL,Mayor of the City of Canton,Illinois,personally
known to me to be the same person whose name is subscribed to the foregoing instrument,appeared
before me this day in person and acknowledged that he signed and delivered the said instrument as
his free and voluntary act for the uses and purposes set forth therein.
Given under my hand and Notarial Seal this day of July,2022.
Notary Public
3
CITY OF CANTON, ILLINOIS STEPHEN L BREESE & BONNIE S. BREESE
PT. LOTS 2, 3&4, BLK 7, FAIRVIEW HEIGHTS ADDITION P.I.N. 09-08-27-125-002 AREA = 1350 S.F.t OR 0.031 AC.t
LEGAL DESCRIPTION — TEMPORARY EASEMENT PARCEL N
Part of Lots 2, 3 and 4 of Block 7 in Fairview Heights Addition to the City of �•
Canton, Fulton County, Illinois, more particularly described as follows: no
/ I -
Commencing at the southwest corner of said Block 7, thence North 89'19'54" fA�
/ East (bearings based on Illinois State Plane Coordinate System, NA083 (2011).
West Zone) along the south line of said Block 7, a distance of 163.89 feet to a T
R.O.W. Ot I O I Q I the Point of Beginning of the Temporary Easement to be described: �IY"
50.00' (50'j a Hill
I I �
U BLOCK 17 I I I From the Point of Beginning, thence North 68'45'48" West 53.99 feet: thence �• ;c ;f
South 89'04'36" West 24.52 feet to Big Creek, being the property line as
�+ described in Warranty Deed recorded December 27, 2001 as Document No. '
= 09-08-27-112-009 I 0�G' I 09-08-27-125-002I 01-17737; thence North 50'09'01' East along Big Creek 51.06 feet; thence d
ZUZ I South 34'29'08" East 62.94 feet to the Point of Beginning.
W PROPOSED TEMPORARY EASEMENT
N 50'09'01' E I The above described Temporary Easement Parcel contains 1350 square feet,
51.06' \ II 29•08" E I more or less.
62 94 a
PROPOSED RIGHT OF WAYI LEGEND Lu 3
PROPOSED RIGHT OF WAY LINE 2 $5
S 89'01'36" W 24.52' I \ \ I I ORIGINAL LOT LINE � o
— N 68*45'48�W — 53.99' S. LINE BLOCK 7 — — EXISTING RIGHT OF WAY LINE
(63.5') (50') �— (50,) (50') �—— ( ) RECORD OR PRIOR SURVEY DATA Q g
N 89'19'54" E — 163.89'
1 COMMON OWNERSHIP TIE W o
O o
POINT OF BEGINNNING a.
POINT OF COMMENCEMENT TEMPORARY EASEMENT N Lu
SW COR., BLOCK 7 o F'
- 15+00 /�' CASS PLACE 16,00 Q� 0 30' 60'
17+00
Q -
g ci�o P y
� GRAPHIC SCALE: 1 INCH = 30 FEET � &
BEARINGS BASED ON ISPCS NAD83,WEST ZONE
x STATE OF ILLINOIS )
!263.5') (50') ') I (5O') SS O
COUNTY OF PEORIA ) Z
We, Maurer—Stutz, Inc., Illinois Professional Design Firm Number 184-005754, z
a do hereby state that we have surveyed part of Lots 2, 3 and 4 of Block 7
in Fairview Heights Addition to the City of Canton, Illinois, being a part of Z
the Northwest Quarter of Section 27, Township 7 North, Range 4 East of the v
Fourth Principal Meridian, Fulton County, Illinois, and that in our opinion the O
/ 115-001 09 115-002
attached plat is a true and correct representation of said survey.
09—OS-27� I —OB-27�
U
Dated at Peoria, Illinois, this day of 2022.
BLOCK 8
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By. E FO D Steven P. Ford 3653
— I I R,�ect�o:
Illinois Professional Land Surveyor #035-003653 �j`•.AfOR P
License Expires November 30, 2022
Return to:
City of Canton
2 N. Main Street
Canton, IL 61520
Prepared by:
Christopher J. Jump
DAVIS&CAMPBELL L.L.C.
401 Main Street, Suite 1600
Peoria, IL 61602
TEMPORARY EASEMENT
Stephen L.Breese and Bonnie S.Breese,husband and wife(collectively"Grantor"),of the
County of Fulton and State of Illinois, for and in consideration of One and no/100 Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby acknowledged, hereby
represents that Grantor owns the fee simple title to and grants and conveys to the City of Canton,
Illinois, an Illinois municipal corporation ("Grantee"), a temporary easement for the purpose of
ingress/egress, construction, reconstruction, demolition, grading, shaping, working room, bridge
work, water and/or line relocation/replacement/modification, and other roadway and bridge
purposes (collectively "roadway and bridge purposes") on, over, and through the following
described real estate:
LEGAL DESCRIPTION—TEMPORARY EASEMENT PARCEL
Part of Lots 2, 3 and 4 of Block 7 in Fairview Heights Addition to the City of Canton,
Fulton County, Illinois, more particularly described as follows:
Commencing at the southwest corner of said Block 7, thence North 89°19'54" East
(bearings based on Illinois State Plane Coordinate System, NAD83 (2011), West Zone)
along the south line of said Block 7, a distance of 163.89 feet to the Point of Beginning of
the Temporary Easement to be described:
From the Point of Beginning, thence North 68°45'48" West 53.99 feet; thence South
89°04'36" West 24.52 feet to Big Creek, being the property line as described in Warranty
Deed recorded December 27, 2001 as Document No. 01-17737; thence North 50°09'01"
East along Big Creek 51.06 feet; thence South 34°29'08" East 62.94 feet to the Point of
Beginning.
The above described Temporary Easement Parcel contains 1350 square feet, more or less.
PIN: Part of 09-08-27-125-002
The said real estate being also shown by the plat hereto attached and made a part hereof.
The above-described real estate and improvements located thereon are herein referred to as the
"premises".
The right, easement and privilege granted herein shall terminate two (2) years from the
execution of this document, or on the completion of the proposed project,whichever is the sooner.
Grantor shall have and retain all rights to use and occupy the premises and access to
Grantor's remaining property, except as herein expressly granted; provided, however, that
Grantor's use and occupation of the premise may not interfere with Grantee's use of the premises
for the purposes herein described.
Grantor,without limiting the interest above granted and conveyed,acknowledges that upon
payment of the agreed consideration, all claims arising out of the above acquisition have been
settled, including without limitation, any diminution in value to any remaining property of the
Grantor caused by the opening, improving and using the premises for roadway or bridge purposes.
This acknowledgment does not waive any claim for trespass or negligence against the Grantee or
Grantee's agents which may cause damage to the Grantor's remaining property.
This grant shall constitute a covenant,which runs with the land, and shall be binding upon
the legal representatives, successors and assigns of Grantor.
Dated this day of , 2022.
By: By:
Stephen L.Breese Bonnie S. Breese
State of Illinois )
) ss
County of Fulton )
This instrument was acknowledged before me on
by
Notary Public
My Commission Expires:
CITY OF CANTON, ILLINOIS STEPHEN L. BREESE & BONNIE S. BREESE
PT. LOTS 2,3 & 4, BLK 7, FAIRVIEW HEIGHTS ADDITION P.I.N. 09-08-27-125-002 AREA = 1350 S.F.t OR 0.031 AC.t
LEGAL DESCRIPTION - TEMPORARY EASEMENT PARCEL N
Part of Lots 2, 3 and 4 of Block 7 in Fairview Heights Addition to the City of
# / I Canton, Fulton County, Illinois, more particularly described as follows:
`I U) A"F$
Commencing at the southwest corner of said Block 7, thence North 89'19'S4" tn�
/O I East (bearings based on Illinois State Plane Coordinate System, NAD83 (2011). ,0 f I
West Zone) along the south line of said Block 7, a distance of 163.89 feet to cc k !I
R.O.W. Ot Q 0 4 the Point of Beginning of the Temporary Easement to be described: W
50.00' (50') I I 13 T E
From the Point of Beginning, thence North 68'45'48",West 53.99 feet; thence 3• 11
BLOCK 17 I ��i,�'� I I South 89'04'36" West 24.52 feet to Big Creek, being the property line as <= ailE
G described in Warranty Deed recorded December 27, 2001 as Document No. '
= 09-08-27-11 009 01-17737; thence North 50'09'Ot' East along Big Creek 51.06 feet; thence
V I 0,• I D9-OB-27-125-002 9 9 lt7 a;
Z PROPOSED TEMPORARY EASEMENT South 34'29'08' East 62.94 feet to the Point of Beginning. E a3)
I W �
N 50'09'01' E I ,/ `\ -4— J_ The above described Temporary Easement Parcel contains 1350 square feet,
51.06' \ I 29 OB" E I more or less.
6294 g
�����\ ` - - - W y
PROPOSED RIGHT OF WAYI LEGEND 2 i
PROPOSED RIGHT OF WAY LINE W S
S 89'Od'36' W N 24 52' I ORIGINAL LOT LINE v1 0
I —N 68'45'48' W •- 53.99' �\ I S. LINE BLOCK 7 I — EXISTING RIGHT OF WAY LINE w
J (63.5') (50_) _�_ (50)'L (5O') _f__ ( ) RECORD OR PRIOR SURVEY DATA � g
N 89 19'S4" E ^• 163.89' 1 COMMON OWNERSHIP TIE ¢ m a
POINT OF BE GINNNING a
POINT OF COMMENCEMENT TEMPORARY EASEMENT N
SW COR., BLOCK 7 0 MS S PLACE 16+00 O� 0 30' 60,
g 17+00
O ,
/ o n
GRAPHIC SCALE: 1 INCH = 30 FEET � Y
BEARINGS BASED ON ISPCS NAD83,WEST ZONE
_���—x—X —X—X X X X STATE OF ILLINOIS N
(63.5') (50') `50�) I (50•) )SS
� x r^ COUNTY OF PEORW )
Ix "x I I We, Maurer-Stutz, Inc., Illinois Professional Design Firm Number 184-005754, Zp
do hereby state that we have surveyed part of Lots 2, 3 and 4 of Block 7
/\ I I in Fairview Heights Addition to the City of Canton, Illinois, being a part of Z
the Northwest Quarter of Section 27, Township 7 North, Range 4 East of the I I Fourth Principal Meridian, Fulton County, Illinois, and that in our opinion the LLp
attached plot is a true and correct representation of said survey.
09-OS-27[115-001 I 09-OB-27�115-002
U m
Dated at Peoria, Illinois, this doy of 2022.
BLOCK 8pL ,
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Steven P. Ford * N43653 * 4 0040
Professional
November0
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License %,��j�•.AfOR P °j: °o"v
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Return to:
City of Canton PATR i Ce:. lr�L4`�RIAN
2 N. Main Street rU `NT`r` CLERK & RECORDER
Canton, IL 61520 EULT'01 ;C-10UNT`r`, If
RECORDED ON
Prepared by: ��8/31; 02t'2 09.-561 ON
Christopher J. Jump RECORDING FEE 67.00
DAVIS&CAMP13ELL L.L.C. PAGES e 5
401 Main Street, Suite 1600
Peoria, IL 61602
DEDICATION OF RIGHT-OF-WAY
This Dedication of Right-of-Way ("Dedication") is made the ;4 day of July, 2022 by
and between Stephen L.Breese and Bonnie S.Breese(collectively"Breese"or"Grantor")and the
City of Canton (the "City" or "Grantee"), an Illinois municipal corporation, for the purposes of
dedicating a public roadway or right-of-way known as Cass Place (the "Public Roadway") from
Breese to the City.
For and in consideration of Four Hundred Thirty and No/100 Dollars ($430.00) and other
good and valuable consideration,in hand paid,the receipt thereof is hereby acknowledged,and the
benefits resulting from the maintenance of the Public Roadway, Breese does, by these presents,
grant, convey, and dedicate to the City forever and further releases the City from all damages
which may be caused by construction, maintenance and use of the Public Roadway, the Public
Roadway,which is legally described as follows:
LEGAL DESCRIPTION—RIGHT OF WAY PARCEL
Part of Lots 2, 3, and 4 of Block 7 in Fairview Heights Addition to the City of Canton,
Fulton County, Illinois, more particularly described as follows:
Beginning at the southeast corner of said Lot 2, thence South 89°19'54" West (bearing
based on the Illinois State Plane Coordinate System,NAD83 (2011), West Zone)along the
south line of said Block 7 a distance of 48.82 feet to Big Creek, being the property line as
described in Warranty Deed recorded December 27, 2001 as Document No. 01-17737;
thence North 89°04'26" East 24.52 feet; thence South 68°45'48" East 53.99 feet to said
south line of Block 7;thence South 89°19'54" West along said south line 50.36 feet to the
Point of Beginning.
The above described Right of Way Parcel contains 1243 square feet,more or less.
PIN: Part of 09-08-27-125-002
The above-described Public Roadway is more fully set forth and described on the Right of
Way Plat,which is attached hereto as "Exhibit A" and hereby fully incorporated herein.
1
Breese further authorizes the City, or its elected or appointed officials, employees,
representatives, agents, and contractors,to enter into and take full and complete possession of the
Public Roadway and Breese waives any and all rights of any damages which may be caused
thereby.
By executing below, the undersigned warrant and represent that they have the authority to
execute and approve this Dedication.
This transfer is exempt under Section 31-45(b) of the Illinois Real Estate Transfer Tax
Law.
Dated this Al day of July,2022. GRANTOR:
"4—Z
Step en L. Breese
ZL�11 ��
Bonnie S. Breese
ACCEPTED AND APPROVED:
CITY OF ANTON
1�� j- fi-
Kent cDo ell, Mayor
l�
Attest• r
Diana vley-Rock, City Clerk
2
STATE OF ILLINOIS )
SS
COUNTY OF FULTON )
I,the undersigned,a Notary Public, in and for said County and State aforesaid,DO
HEREBY CERTIFY that STEPHEN L. BREESE,personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he signed and delivered the said instrument as his free and voluntary act for the
uses and purposes set forth therein.
Given under my hand and Notarial Seal this day of July,2022.
Notary Public
STATE OF ILLINOIS ) OFFICIAL SEAL
CAROL E KOHLER
SS NOTARY PUBLIC-STATE OF ILLINOIS
COUNTY OF FULTON ) MYcoMMlss!oN EXPIRES:90/02/22
I,the undersigned, a Notary Public, in and for said County and State aforesaid,DO
HEREBY CERTIFY that BONNIE S.BREESE,personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that she signed and delivered the said instrument as her free and voluntary act for the
uses and purposes set forth therein.
Given under my hand and Notarial Seal thit?�jj day of July,2022.
s
Notary Public
STATE OF ILLINOIS )
SS OFFICIAL SEAL
COUNTY OF FULTON ) CAROL E KOHLER
FNMOYTARY PUBLIC-STATE OF ILLINOISCOMMISSION EXPIRES:10/02/22
I,the undersigned,a Notary Public, in and for said County and State ,
HEREBY CERTIFY that KENT McDOWELL,Mayor of the City of Canton,Illinois,personally
known to me to be the same person whose name is subscribed to the foregoing instrument,appeared
before me this day in person and acknowledged that he signed and delivered the said instrument as
his free and voluntary act for the uses and purposes set forth therein.
Given under my hand and Notarial Seal this( day of July,2022.
(7 C/
Notary Public
=-STATE
L
3 ER
OF ILLINOISES:10102/22
CITY OF CANTON ILLINOIS STEPHEN L. BREESE & BONNIE S. BREESE "PT. LOTS 2, 3 & 4, BLK 7, FAIRVIEW HEIGHTS ADDITION P.I.N. 09-08-27-125-002 °
AREA = 1243 S.F.f OR 0.029 AC.t
X LEGAL DESCRIPTION - RIGHT OF WAY PARCEL N
/.•" I Part of Lots 2, 3 and 4 of Block 7 in Fairview Heights Addition to the City of �-
Canton, Fulton County, Illinois, more particularly described as follows;
Beginning at the southeast comer of said Lot 2, thence South 89'19'54" West U) -`•`F
(bearings based on Illinois State Plane Coordinate System, NAD83 (2011), West
O
R.O.W. O O ® Zone) along the south line of said Block 7 a distance of 48.82 feet to Big gss�4
Creek, being the UJ=50.00' (50') I I X I 9 property line as described in Warranty Deed recorded December �� Ell'
/ I 27, 2001 as Document No. 01-17737; thence North 50'09'01" East along Big E_
BLOCK 17 I I I Creek 31.71 feet; thence North 89'04'36" East 24.52 feet; thence South 68'45'48"
U East 53.99 feet to said south line of Block 7; thence South 89'19'54"West along t" fi
x 09-08-27-112-009 �,`1•/ said south line 50.36 feet to the Point of Beginning. fit;
Z I I G I 09-08-27-125-002I
The above described Right of Way Parcel contains 1243 square feet, more or
0\/ PROPOSED
I•-, RIGHT OF WAY I� J_
N 89'04'36" E / �'
24'12 I I I LEGEND
S 68'45'48" E PROPOSED RIGHT OF WAY LINE g
53.99' ORIGINAL LOT LINE 3 N
EXISTING RIGHT OF WAY LINE
N 5D'09'Ol" E °' o0
31.71' I ( ) RECORD OR PRIOR SURVEY DATA ¢ 3
S. LINE BLOCK 7 I 1 COMMON OWNERSHIP TIE 2
J (63.5') (50') (5D'). (50') -
TT O nP
5 89'19'54" W S 89'19'54" W \ O u
48.82' 50.36' �O N
POINT OF BEGINNNING o
15+00 / SE CDR. LOT 2 16+00 3 Q\ 17+00
O I 0 30' 60'
/ CASS PLACE o o P
GRAPHIC SCALE: 1 INCH = 30 FEET 3 s
N _ BEARINGS BASED ON ISPCS NAD83, WEST ZONE
x—x—x—X—X—X—X—x—X STATE OF ILUNOIS ) N
(63.5') (50') �(50') I (50) COUNTY OF PEORIA )SS 7
I/ I II II We, Maurer-Stutz, Inc., Illinois Professional Design Firm Number 184-005754, z
do hereby state that we have surveyed part of Lots 2, 3 and 4 of Block 7 O
/I in Fairview Heights Addition to the City of Canton, Illinois, being a part of Q
the Northwest Quarter of Section 27, Township 7 North, Range 4 East of the O e Fourth Principal Meridian, Fulton County, Illinois, and that in our opinion the a
attached plat is a true and correct representation of said survey.
09-08-27[115-001 I 09-08-27�115-002 I U
BLOCK 8 I' Dated at Peoria, Illinois, this day of 2022.
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