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HomeMy WebLinkAboutOrdinance 29- 575, Providing for Vacation of Part of Oak Street Between West Line of Rouse Avenue and a point 131 Feet East of East Line of Tracy Avenue in Blocks 1, 2, 3 and 4, Imes' Addition to City of Bozeman, and in Lieu, etc 97 ORlINANCE NO. 575 AN ORDINANCE PROVIDING FOR THE VACATION OF .ALL THAT :PART OF OAK STREET I BETVlEEN n~E WEST LINE OF HOUSE AVENUE AND A POINT 131 FEET EAST OF THE EAST LINE OF TRACY AVENUE, IN BLOCKS 1, 2, 3 .AND 4, ThilS t ADDITION TO THE CITY OF BOZDfuiN, AND. IN LIEU TliEREOF A STRIP OF LAND 30 FEET WIDE TO Bi SET ASIDE AND DEDICATED AS A STREET CONlffiCTING ROUSE AVENUE ON TIm EAST AT A POINT 132.2 FEET sour!:! OF TIrE NORTH EAST CORNER OF BLOCK 1, IMES' ADDITION, WITH O.AK STREET ON THE WEST AT A POINT 131 FEET EAST OF THE EAST LINE OF TRACY I AVENUE, THROUGH BLOCKS 1, 2, 3 AND 4, !MES' ADDITION. , . Vi H ER E A"S; , (1) The Montana F10ur 1-:il1s Company, the Bpard of County Commis- .~ ~ ~ ~ sioners of ~he County of Gallatin, an~ the Bozeman Canning Company on the 5th day of October, 1928, filed with the Commission of the City of Bozeman, a l'eiition requesting that all that portion of Oak Street between the west line of Rouse Avenue and a point 131 :reet east of the east line of Traoy Avenue ,in B10;cks 1, 2, 3, and 4, IDles', Addi tio,n _ to t~e City of Bozeman, be vaoated. for the ,use and benefit of the Montana Flour 1I1i1l,& Qompany and the Bozeman Canning Com~any, and in lieu thereof the Montana Flour Mills Coml') any , the Board of County Commissioners of the County of Gallatin and the Bozeman Canning Company to set apart and dedicat,e to the use 0.1'- the City of Bozeman as a street. a strip of land 30 feet wide connecting Rouse .Avenue on the e~st at a point 132.2 feet south of the northeast corner of Block 1, Imes' Addition, with Oak Street on the west at a point 131 feet east of the east line-of Tracy Avenue through Blocks 1, 2,3, ,and 4, of Imes'Addition; I ~(~ ) That onths 5th day of 'Ootober, 1928, ,at a regular session ~':,~ , at the Commission of the City of Bozeman, Commission Resolution No. 121 entitled: , '''A COMMISSION RESOLUTION DECLARING IT THE INTENTION OF THE CITY OF BOZEMAN TO VACATE All THAT PORl'ION OF OAK STREET BETWEEN TEE WEST LINE OF ROUSE AVENUE AND A POINT 131 , FEET EAST OE l'RE EAST LINE OF TRACY AVENUE, IN BLOCKS 1, 2, 3 AND 4, otnms' ADDITION TO l'HE CITY OF BOZm,Wl, AND IN LIEU THEREOF A STRIP OF LAlID THIRTY FEET WIDE TO BE SET APARr AND DEDICATED AS A STBEE~CONNECTING ROUSE AVENUE ONTRE EAST AT A POINT 132.2 FEET SOUTH OF TEE NORTHEAST CORNER OF BLOCK 1, IMES t ADDITION, WITH OAK STREET ON THE WEST AT A . POINT 131 FEET EAST OF~HEEAST LINE OF TRACY AVEENUE, THROUGH BLOCKS 1, 2, 3 and 4, DIES ADDITION." ' was pasaep. and adopted; that no notice of such Resolution was served in the manner that service of summons is required to be made in civil act~ons, for the reason that all persons or corporations whose property abuts on the portion of Oak Street affected by the proposed vaoation, to wit, the Iviontana ]j'lour Mills ,; Company, the Bozeman Cannning Company and the County of Gallatin, petitioned I. for said vacation, and are the only persons or corporations interesttre~~hat the City Manager of the City 01' Bozeman ~~(I. cause notice of such resolut ion to be given as required by law~by pub11~ation in the Bozeman Daily Chronicle, ~ '" a daily newspaper of general ciroulation printed and published in the City of Bozeman, County of Gallat1n, State 01' Montana, on the lOth day of Ootober, 1928, which notice so published as a:f"oresiad state.d the time and plaoe, tow-it, Friday, the 12th day of October, 1928, at four o'clook, P.M. at the Commission Room of the City Hall, Bozem~n:, Y.on:t~I3.:'as the 'time and place for hearing , " ..f..,. ..:>r{ ; . ,.~, .~' .. ". :i o.\". f ,.S " - " 98 objections to the v~cation of said portion of said Oak Street, and the . . - - passage of an Ordinance by the Commission vacating the same, when and where any and all persons whose property abuts on the portion of the street, to wit, a11 that part of Oak Street ~e~ween the west line of I Rouse Avenue and a point 131 feet east of the east line of Tracy Avenue - in Blocks 1, 2, 3, and 4,- of !mes' Addition to the City of Bozeman, affected by the proposed vacation, may. appe~r and show cause, if any they have, why an Ordinance should not be passe4 vacating said part I.' of said Oak Street; (3) And at the time and plaoe designated in said Notice for I, . hearing objeotions, towit, Friday; the 12th day: of: Oa.tober, 1928, at ," 4 o'clock F.M., at the Commission Room in the City Hall, Bozeman, Montana, -said matter coming on regularly to be heard, and due proof having been made of the publioation of said Notice in the Bozeman Daily Chronicle, as aforesaid, and no objeotions to the vaoating of said portion of said Oak Street having been made or filed, and the Commission ~aving investigated and examined into the merits of said Petition, and deeming and considering that the vacation of said portion of Oak Street can ~fhad and made without.inaon1lenience or disadvantage to traf':t'lo coming into Bozeman, ~traf'fic in Bozeman, or traffic going out otBozeman I and that the said vacation will be to the advant~e of the'lIbJ1ta.na Flour !i'-" Mills Company and the Bozeman Canning Company, in providing means of egress and ingress to and from their plants and properties; (4) That in consideration of the vacation of that part of Oak Street, astaforesaid, and in lieu thereot, and in exchange therefor, " the Montana Flour Mills Company, the Bozeman Canning Company and the County of Ballatin will set apart and dedioate to the use of the City . "'- of Bozeman"as a ~treet a strip of land 30 feet wide connecting Rouse J. Avenue on the east at a point 132.2' feet south of the northeast corner of Block 1, Imes~ Addition, with Oak Street on t4e west at a point I:, 131 teet east of the east line of Tracy Avenue, tl).rough Blocks 1, 2, 3, . and 4, hes t Addition; (5) That the several strips to be set apart and dedicated as a street are particularly described as follows: - 1. MONTANA FLOUR MILLS COIvrP ANY TO THE CITY OF BOZl!MAN I A strip of land 30 feet ,in width, the center line of which 1s described as follows: Starting at a point in the east line of Block 1 of Imes' Addition to the City of Bozeman,-Montana, said point being 132.2 feet south of the northeast corner of said Block 1; thence westerly parallel with the south line of said Block 1 a distance of 324 feet, more or less, to . the oenter line of Montana Avenue, now vacated; . . " 2. COUNTY OF GALLATIN TO TIill CITY OF BOZEMAN . . . A strip of land 30 feet in width, the center line of which is described'as follows: B.eginning at a point in the east line of Block ,2 of lines' Addition ( .....,... -_ _-_i> - ;9:9 to the City of Bozeman, Montana, said point being 270 feet north of the southeast corner of said Block 2; thence easterly parallel with the north .line of Birch Street a distance of 30 feet to the center line of Montana Avenue, now vacated, the same being a portion of the we'St he,lf or Montana Avenue, which, ... when vacated, automatically 'became the property of Gallatin County, I who owned Block 2 at the time said Street was vacated, but did not include same in the deed to the Bozeman Canning Company; , 3. BOZEIlJlll.N CANNING COMPANY: TO TIrE , CITY OF BOZEMAN . . , A strip Qf land 30 feet in width, the center line of which is desoribed 'as follows: Beginning at a point in the east line of Block 2 of Imes' Addition to the City of Bozeman, Montana, said point being 270 feet north of the southeast corner of said Block 2; therrce in a westerly l}irection para-Ilel with the south line of Blocks 2, 3,and 4, of said Imes' Addition a distance of 911.1 teet; thenoe northerly, parallel with the east lin~ of Block 4, of said Imes' Addition 141:.4 feet tO"the 'north line of said Blook 4, the same being the south line of Oak Street; . NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF TEE , CITY OF BOZJiMAN: , Section 1 That all that part of Oak Street between the west line ot ~ Rouse Avenue and a point 131 feet east of the east line of Traoy Avenue, in Blocks 1, 2, 3 and 4, !mes' Addition to the City of Bozelil.\.-:.n, be, and the same is, hereby vacated and discontinued; .. Sect ion 2. That in lieu thereof, and in exohange therefor, the Mon- I tana Flour Mills Company, the Bozeman Canning Company, and the County of Galla- . , tin shall, and they do, and each of them does, hereby set apart and dedicate to the use of the City of Bozeman as a street, a strip of lend 30 feet wide . , connecting Rouse Avenue on the East at a point 132.2 feet south of the northeast ,corner of Blook l~Imes' Addition, with Oak ?treet on the west at a point 131 feet east of the east line of Tracy Avenue, throUgh Blocks 1, 2, 3, ... and 4, Imas' Addition; that the said strip of land so set apart al)..d~ dedicated, as aforesaid, is particularly desoribed as rollows: 1. MONTANA FLOUR MILLS a:OMPANY TO , . THE CITY OF BOZliUAN . A strip of land 30 feet in width, the center line of which is desoribed as follows; Starting at a point in the east line of Blook 1 of lmes' Addition to the City of Bozeman, Montana, said point being l32.~ feet" south of the northeast corner of ,said Block 1; thence westerly parallel with the south line of s:id Block 1 a distanoe of 324 feet, more or less, to the oenter line of Montana Avenue, now vacated; . 2. COU1~Y OF GALLATIN TO THE C I'l'Y OF BOZEMAN I A Strip of land 30 feet in width, the center line of which is described as follows: Beginning at a point in the east line of Blook 2 of Imes' Addition to the 01 ty 0 f Bozeman, Montana, said point being 270 feet , north of the southeast corner of said Block 2; thence easterly parallel 'I'!i th the north line of Biroh Street a distance of 30 feet to the oenter line of Montana Avenue, now vacated, the same being a portion of the west lialf of Montana Avenue, which, when vacated, automatically beoame the property of Gallatin County, who owned Block 2 at the time said street was vacated, but who did not include same in the deed to the Bozeman Canning Company; 100 . 3. BOZ]MAN' CANNING 'COMJ?ANY TO THE CITY OF BOZEtv1AN - A strip of land 30 feet in width; the center line of wh'ich is described as follows; Beginning at a point in the east line of Block 2 of Imes r'4ddition to the City of Bozeman, Montana, said point being??O I teet north of the southeast-corner of said Block 2; thence in a westerly direction parallel with the south line of Blocks 2, 3, and 4, of said !mes' Addition, a dis- tance of 911.1 feet; thence northerly, parallel with the east line of Block 4, of said Imes' Addition 1~1.4 feet to the n~rth line of said Blook 4, the same being the south line of Oak Street; Section 3. That this vacation is had and made pursuant to the ~ . provisions of Section 5039, paragraph 6, and Section 5494, Political Code, R. C. M. 1921; . . . ~ . Sect io:q 4. That the Montana Flour Mills Company, the Bozeman .- Canning Company, and the County of Gallatin, in cons iderat ion of the vaoation of said portion of Oak Street as herein set forth, shall execute and attach hereto, and make a part hereof, a confirmation of this Ordinance, and a Dedioation to the use of the City of Bozen~n of the ~ strip of land to be set apart and dedioated as' a street, as herein described; . . ~ ~ . Sect ion 5. That this Ordinance shall be in full force and-e- - ffect tram and after thirty days from the date of its passage by the I Commission. PASSED by the Commission of the City of Bozeman at a regular session thereof held on tlie 8th day of March, 1929. . d~ ,. YOR ~ ~ ~ATl'EST: ~ c~~~11Pc~l?aN ~ " Introduced and read at a regular sessioh of the Commission of the City of Bozemap held on the 1st day of March, 1929, and final passage thereof :f\ixed for the regular session of the Commission of the City of Bozeman to be held on'the 8th aay of March, 1929 . " Published pursuant to the provisions of Section 5453, Political Code, R. C. M. 1921, on the 9th day bf March, 1929. " . I' . ~ . - . ;.',:,. {'"l .- ._._.~,'--- 101 . D E DIe A T ION BY .; MONTANA FLOUR MILLS COMPANY . - . . . . THE MONTANA FLOUR MILLS COMPANY, a corporation organized and existing , I under and by virtue of the laws of the State of Montana, with its principal place of business in the City of Great Falls, Connty of Cascade, State of Montana, and a branch business in the City of Bozeman~ Co~nty of Gallatin, State of Montana, , IN CONSIDERATION of the vacation by the City of Bozeman of that portion of Oak Street between the west line of Rouse Avenue and a point 131 feet east of the east line of Tracy Avenue in Blocks 1, 2,3 and 4, of Iilles' ~ . Addition to the City of Bozeman, as provided by Ordinance No. 575 of the City , of Bozeman, entitled: j "AN ORDINANCE PROVIDING FOR TIIE VACATION OF .ALL THAT PARr OF OAK STREET BETWEEN THE WEST LINE OF ROUSE AVENUE .AND A POINT 131 FEET EAST OF TIm EAST- LINE OF TRACY AVENUE, IN BLOCKS 1, 2, 3, and 4, !MES' ADDITION TO THE CITY OF BOZElvUl.N, AND IN LIEU THEREOF A STRIP OF LAND 30 FEET WIDE TO BE SET ASIDE AND DEDICATED AS A STREET CONNECTING ROUSE AVENUE ON Ttm EAST AT A"POINT 132.2 FEET SOUTH OF THE NORTHEAST CORNER OF BLOCK 1, IMES' ADDITION, with OAK STREET ON THE 'WEST AT A POINT 131 FEET EAST OF TEE EAST LINE O~" . TRACY AVENUE, THROUGH BLOCKS 1, 2, 3, AND ~, !MES t ADDITION" .1 hereto attached and made a part hereof, .; DOES HEREBY DEDICATE to the City of Bozeman a strip of land across the premises owned by the Montana Flour Mills Company in said City of Bozeman, for'the purposes of a street, (in lieu of that portion of Oak Street vacated,) as follows: , A Strip of ' land 30 feet in width, the center y line of which is described as follows: starting at a point in the east line of Block 1 of Imes' Addition to the City of Bozeman, Montana, said point being 132.2 feet - south of the northeast corner of said Block 1; thence westerly parallel "with the south line of said Block 1 a distance of 324 feet, more or less, to the center line of Montana Avenue, now vacated; .AND DOES HEREBY RELEASE sai~City of Bozeman from all damages by .; reason of the laying out and opening of said street, .; , ; IT BEING UNDERSTOOD that the land hereby dedioated shall be and become a part of Oak Street, subjeot to all the Laws of the State of Montana and Ordinances of the City of !>ozeman, with reference to the use and maintenance of streets in said Cit y. IN WITN'ESS WHEREOF, THE MONTANA FLOUR lULLS COMPANY has caused these '1 presents to be executed by its officers"thereunto duly autllorized and its Seal to be hereunto affixed,' this 23rd day of February, 1929. MONTANA FLOUR MILLS COMPANY Attest: BY--f~ N: SMITH ioe.President ROD :r. ANDERSON , . Secretary A C K ti.. WL E D 'G MEN T , \ \ 102 STATE OF MONTANA, ) : ss COUNTY OF GALLATIN ) On this 23rd day of February 1929, before me ..Ju~ti~.M..Smith, a Notary Public for the State 'of Montana, personally appeared -- W. N. Smith __, known .to me to be the Vice-President of the cOr:Lloration that I executed the within instrument, and acknowledged to me that such corporation \ executed the same. . IN WITNESS VrrmREOF, I have hereunto set my hand and affixed my notarial seal the day and year first above written. Justin M. Smith Notary Public for the State - . of Montana, residing at Bozeman, Montana. . My commission expires Dec 16, '31. D E D I CAT ION BY ~ ~ ~ BOZm.1AN OANNING OOMPANY . THE BOZEMAN CANNING COMP~, a corporation organized and existing under and by virtue of the laws of the State of Montana, with its prinicipal place at Business in the City of Bozeman, County of Gallatin, State of Montana, ~ I IN CONSIDERATION of the vacation by the City of Bozeman of that portion or Oak Street between the west line of Rouse Avenue and a .. point 131 feet east of the east line Qf.Tracy Avenue in Blocks 1, 2, . p , 3, and 4, of Imes' Addition to the City of Bozeman, as provided by ORDINANCE NO. 5'75 of the City of Bozeman, entitled: ".AN ORDINANCE PROVIDING FOR THE VACATION OF ALL THAT . PARr OF O.AK STREET BEI'WEEN THE WEST LINE OF ROUSE AV'~ AND A POIN'P 131 FEET EAST OF TEE EAST LINE OF TRACY AVENUE, IN BLOCKS 1, 2, 3, and 4, DiES 'ADDI_ TION TO THE CITY OF BOZDw-r, AND IN LIEU THEREOF A STRIP OF LAND 30 FEET WIDE TO BE SET ASIDE lU[D DEDI- CATED .AS A STREET CONNECTING' ROUSE AVENUE ON THE EAST AT .A. POINT 132.2 FEET SOUTH OF THE NORI'HEAST CORNER OF BLOCK 1, IMES' ADDITION, WITH OAK STREET ON THE WEST AT A POINT 131 FEET EAST OF THE EAST LINE OF TtiACY AVENUE, THROUGH BLOCKS 1, 2, 3, and 4, D.1ES' .ADDITION" hereto attached and made a part he:reof,_ DOES HEREBY DEDICATE to the City of Bozeman a strip of land across the premises owned by the Bozeman Canning Co.mpany in said City of Bozeman, for the purposes of a street, I in lieu of that portion of - . . Qak Street vacated.), as follo.ws: <I i .f. stri:p of land 30 feet in \'Tidth, the center line .' ~ of which is described as follows: Beginning at a point in the east line of Block 2 of Imes' Addition to. the Ci ty of Bozeman, Montana, said point being 2'70 feet north , of the southeast corner of said Block 2; thence in a westerly direction parallel with-the south line of Blocks ' . " 2, 3, and 4, of said Imes' Addition a distance of 911.1 feet; thence northerly parallel with the east line of Blook4, of said Imes' Addition 141.4 feet to the north line of said Block 4, the same being the south line of Oak Street; AND DOES HEREBY RELEASE said City of Bo.zeman from all damages \ ':'." .;'~~)~'","I .':'...." ,;:",- ' 103 by reason of the laying out anQ opening of said street, IT BEING UNDERSTOOD that the land hereby dedicated shall be and become a part of Oak Street subject to all the Laws of the state of Montana and Ordinances of the City of" Bozeman with reference to the use and , , I m~intenance of streets in said city. ~ IN WITNESS WHEREOF, ThE BOZEhIAN CA1ININGpOl!.U]ANY has oaused these presents to be executed by its officers thereunto duly authorized, and its seal to be hereunto affixed thisl1th day'of Febr~ary, 1929. BOZ:EMAN CANNING COMPANY . By Cassius L. . Kirk , , , Vice President Attest: , H. o. Ma1sbury Seoretary , ACKNOWLEDGMENT MiIIIt........_~'__"'""-______ STATE OF MONTANA. ) . SS. . COUIfrY OF GALLATIN ) , On this 11th day of February, 1929, before me. Justin M. Smith, a Notary Public for the State of Montana, personally a:;;peared CASSIUS L. KIRK. known to me to be the vice-:president of the corporation that executed the - within instrument, and aoknowledged to me that such corporation executed the same. IN WI~J;'!ESS YfHEREOF I have hereunto set my hand -. and attixedmy notarial seal the day and year first above written. " . JUSTIN M. SMITH Nota~y Public for the state of Montana. .- Residing at Bozeman, Montana. My commh;sion expires Dec. 16, 1951. . D E D I C A T_I 0 N BY COUNTY OF GALLATIN TEE COUNTY OF GALLATIN. ,"8, Pol:1t1cal Sub-Division of the State of Montana, by the Chairman of its Board ofCounty;Commist1oners, IN CONSIDERATION of the vacation by the City of Bozeman of that . portion of Oak Street between t4~ west line of Rouse Avenue and a point 131 . feet east of the east line of Tracy Avenue in Blocks 1, 2, 3~ and 4. of Imes' Addition to. the Oi ty of Bozeman, as prqyided by OBDINAIWE NO. 5?5 of the City of Bozeman, entit+ed: . "AN ORDINANCE PROVIDING FOR THE VACATION OF ALL ,THAT PART OF OAK STREET BETWEEN THE WEST LINE OF ROUSE A VENUE AND A POINT 131 FEET~ EAST OF THE EAST LINE OF I- TRACY AVENUE, IN ;SLOCKS 1, 2, 3, And 4, ThIES' .ADDITION . TO THE CITY OF BOZllMAN, AND IN LIEU THEREOF A STHIP OF LAND 30 FEET WIDE TO BE SET ASIDE AND DEDICATED AS A . . STREET CONNECTING ROUSE AVENUE ON THE EAST AT A POINT 132.2 FEET SOUTH OF THE NORl'HEAST CORNER OF BLOCK 1, - , IMES' ADDITION, WITH OAK STREET ON THE WEST AT A POINT 131 FEET EAST OF THE EAST LINE OF TRACY AVENUE. THROUGH BLOCKS 1,.2, 3 and 4, IMES' ADDITION!'" hereto attached, and made a part hereof. - ,~....~", :,'\f" -'::.:!t~,"".~;.'i ~'11, , 104 '. r DOES HE;REBY DEDICATE to the' Ci ty of Bozeman a strip of land across the premises owned by the County of Gallatin in said City of Bozeman, for the purposes of a street, (in lieu of<rthat portion of Oak. Street vacated), as follows: . I ) A strip of land 30 feet in width, the center line of which is described as follows; Begirming at a point in the east line of-Blook2 of Imes' Addition to the City of Bozeman, Montana, said point being 2'70 feet north of the southeast oorner of said Block 2; thenoe easterly parallel with the noryh line of Birch street " a distance of 30 feet to the center line of Montana Avenue, now vaoated, the same being a portion of the west half-of Montana, Avenue, which, 'when vacated, automatioally became the property of Gallatin County, I, who o\vned Block at the ttme said street was vaoated, but who did not include same in the deed to the Bozeman Canning Company; AND DOES HEREBY RELEASE said City of Bozeman from all dama.ges " by reason of the laying out and op,ening of said street, IT BEING UNDERSTOOD that the land hereby ded1cated shall be . and become a part of Oak Street, sub ject to all the laws of the State ! of Montana and Ordinances of the.City of Bozeman with reference to the ! . use and maintenance of streets in said city.- ,--, . IN WITNESS WHEREOF, the County of Gallatin has caused thQse presents to be executed by the Chatman of its Board of County Commissioners, and at~ested by its County Clerk, and the Seal of said I ' County to be hereunto, ai"f'.ix.e.d, this 13th day of February, 1929. {' . COUNTY OF GALLATIN . - ... '. . . By Frank L. Benepe. Jr. . Chairman of the Board of Attest: County Commissioners. J. II. Harris County Clerk ACKNOWLEDGMENT - ....~... '..,., -- - -- - -- - - - - - - . . STATE OF :MONTANA, } ! : 58 COUNTY OF GALLATIN ) On this 13th day of February, 1929, before me JUSTIN M. SMITH, aNotaryPub11c for the State of Montana, personally appeared FRANK L. BENEl'E,. JR., Known to me to be the Chairman of the Board of County Commissioners ~ of' the County of Gallat in, State of :Montana', and aclcnow... ledged to me that he as such Chairman, and pursuant to the Resolution of the Board of County Cpnnnissioners of the County of Gallatin, exeouted the same. IN WITNESS WlillREOF, I h@,v, hereunto set my hand and affixed my notarial seal the day and year first above written. ",...-".................".,.. ," . - JUS"T,IN ~.SMTTH - . ~ ~ . NOtary .l'ublic for the State of Montana. Residing at Bozema:;1, Mont. I My CommissionM:pires Dec.1 i6th~ 1931. , - . . "" - , . . ! - ~ .., "'" ,,... . .. 4;'i, ' , '~ ,,:,~",\~,~:i,:~:r:'" f1.