HomeMy WebLinkAbout2003 12 08 Regular 514 Quit Claim Deed from Richland Tuscawillla Ltd.
COMMISSION AGENDA
ITEM 514
Consent
Informational
Public Hearing
Regular X
December 8, 2003
Meeting
rv (S&- ,,/;(, c).,
Mgr. / Att. / Dept.
REQUEST: The City Attorney requests the City Commission (1) consider accepting a Quit Claim
Deed from Richland Tuscawilla, Ltd. for ownership of Colt Drive, located within Tuscawilla, and
(2) provide direction regarding acceptance of a parcel owned by Pulte Home Corporation.
PURPOSE:
1. To transfer ownership of Colt Drive from Richland Tuscawilla, Ltd. to the City of Winter
Springs, Florida, so that the road can be properly maintained and improved to enhance
surrounding development.
2. To direct the City Manager and City Attorney whether to acquire a parcel ofland owned by
Pulte Home Corporation which is located on the comer of Winter Springs Boulevard and
Colt Drive.
APPLICABLE LAW AND PUBLIC POLICY:
Chapters 165 and 166, Florida Statutes.
Page 1 of 3
CONSIDERATIONS:
1. There has been a lot of confusion about the ownership ofthe property constituting Colt Drive
in Winter Springs. After extensive review of the public records and a very sizable
Ownership and Encumbrance Report prepared by First American Title Insurance Company,
it has been determined that Richland Tuscawilla, Ltd. is the current owner of Colt Drive. It
appears that this property was stranded and never conveyed by Richland Tuscawilla, Ltd. to
the adjacent property owners. The legal description has been verified by Southeastern
Surveying & Mapping Corp. and a parcel analysis sketch has been prepared which will be
demonstrated to the City Commission at the meeting.
2. Apparently, there was a gasoline spill at the 7 -Eleven which seeped over onto Colt Drive and
other adjacent properties. That environmental situation was inspected by the County and
they are prepared to clean up the environmental contamination. That clean-up is supposedly
going to be funded by the County as part of the Department of Environmental Protection's
Early Detection Incentive ("ED I") Program. The one significant risk that the City
Commission should consider in determining whether to accept ownership of Colt Drive at
this time is the environmental hazard risk due to the 7-Eleven contamination. If the
Commission accepts the property, the City must grant access for the clean-up operation and
may have some responsibility to fund the clean-up as the subsequent owner of the property.
However, this risk appears to have been minimized by the fact that the County is prepared
to clean-up the site in accordance with the State's EDI Program at the County's expense.
3. In addition, the Commission is aware that Colt Drive is in dire need of repairs and
stormwater improvements because of flooding. There may be a situation where Colt Drive
can be improved in accordance with a small scale development project in the area. However,
the City Commission can direct that Colt Drive improvements be done at any time.
4. There also appears to be another stranded parcel located on the comer of Winter Springs
Boulevard and Colt Drive adjacent to the 7-Eleven. This property is owned by Pulte Home
Corporation, and Alec String, President of Bryce Foster Corporation, has asked that the City
accept ownership of that property for possible stornlwater purposes. The Uti lity Director
indicated that it may be beneficial to the City to own that property for utility purposes
(including stormwater) sometime in the future. Further, there is an aesthetic value for the
City to own the property because the City could control clean-up and beautification
improvements on the property. Staff is requesting that the City Commission provide
direction as to whether the City should proceed to accept ownership of that property.
STAFF RECOMMENDATION:
The City Attorney requests that the City Commission consider accepting ownership of Colt Drive
and provide direction on the Pulte Homes property.
Page 2 of 3
ATTACHMENTS:
1. Copy of Ownership and Encumbrance Report (without enclosures) from First American Title
Insurance Company, dated May 28,2003.
2. Executed Quit Claim Deed from Richland Tuscawilla, Ltd. to the City of Winter Springs.
3. Letter dated August 8, 2003 from the Department of Environmental Protection regarding the
clean-up of the contamination from the 7-Eleven site.
4. Letter dated November 14,2003 from Alec String regarding the parcel owned by Pulte Home
Corporation.
COMMISSION ACTION:
G:\Docs\City of Winter Springs\Agenda\Colt_Drive.wpd
Page 3 of 3
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LAWRENCE A. & PAMELA KROSS, ET
(ruSCAWIU.A P~ '~O. PAGE "22 . AI..
33. PAGES 17-'9, P,R,S.C,F,)
PARCEL "A"
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ROSAUNO P, SASSER
OR 2517. PAGE '070
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First American Title Insurance Company
Ownership and Encumbrance Report
First American Issuing Office:
First American Title Insurance Company
2233 Lee Road, Suites 101 & 210
Winter Park, FL 32789
File No.: 2037-227926
Prepared For:
Southeastern Surveying
324 North Orlando Avenue
Maitland, FL 32751-4702
Legal Description:
As described as "Description Parcel C' in Warranty Deed from Winter Springs Development Joint
Venture, a Florida General Partnership, to Richland Tuscawilla, Ltd., a Florida Limited Partnership,
recorded November 2, 1993 in Official Records Book 2671, Page 1169.
1. Grantee(s} in Last Deed of Record:
Richland Tuscawilla, Ltd., a Florida Limited Partnership
2. Encumbrances/Matters Affecting Title (Includes only mortgages, liens and claims of lien (if not
specifically affecting other property only), judgments (certified only), federal tax liens, bankruptcy
petitions, death certificates, court orders and decrees, divorce decrees, property settlement agreements,
tax warrants, incompetency proceedings and probate proceedings which may affect the title to the
property described above (attach an exhibit, if necessary)):
o Exhibit Attached (X) Exhibit Not Attached.
Page 1 of 3
2037 - 227926
First American -ntle Insurance Company
Tvoe of Instrument O. R. Book fa.gg
Developer's Agreement 1812 1543
Agreement Releasing Exclusive Easement 1778 1698
and Granting Non Exclusive Easement
Final Order Approving Settlement
Agreement arid Amendment to 2243 1508
Annexation Ordinance No. 64
Ordinance No. 489 2277 464
Settlement Agreement and Amendment 2277 469
to Annexation Ordinance No. 64
Unrecorded Developer's Agreement dated
April 26, 1990 as amended by the
Addendum to Developer's Agreement as 3059. 1016
shown in Warranty Deed _
Matters shown as existing ,encumbrances 3059 1016
in Warranty Deed
Page 2 of 3
2037 - 227926
First American Title Insurance Company
Copies of the Encumbrances/Matters Affecting Title (x) are 0 (3re not included with this Report.
Ad Valorem Real Estate Taxes for Tax Parcel Number (No apparent Tax Parcel) for tax year 2002
Gross Tax: $ 0.00 (Not Billed) Paid ( ) Not Paid.
Unpaid Taxes for Prior Years (if none, state "none"): Unknown
Certificate
This Ownership and Encumbrance Report ("Report") is a search limited to the Official Records Books as
defined in Sections 28.001(1) and 28.222, Florida Statutes, from April 21, 1988 to May 14,2003
at 8:00 a.m. . The foregoing Report accurately reflects matters recorded and indexed in the Official
- Records Books of Seminole County, Florida, affecting title to the property described therein. Liability for
any incorrect information contained in this Report is limited (1) to the person or entity to whqm the
Report is directed, and (2) to a maximum of $1,000.00 pursuant to Section 627;7843(3), Florida Statutes.
This Report is not an opinion of title, title insurance policy, warranty of title, ot any other assurance as to
the status of title and shall not be used for the purpose of issuing title insurance.
First American Title Insurance Company
0AO-I
By:
B.G.
LARRY P. DEAL
Dated: May 28, 2003
Page 3 of 3
2037 - 227926
THIS INSTRUMENT PREPARED BY:
Robert M. Poppell, Esquire
AKERMAN SENTERFITT
255 S. Orange Avenue, 17th Floor
Orlando, FL 32801
Telephone: (407) 843-7860
QUIT.CLAIM DEED
. - Ii
THIS QUIT-CLAIM DEED, effective as of November .::t;' 2003, by RICHLAND TUSCAWILLA,
LTD., a Florida limited partnership, having a principal place of business at 4830 West Kennedy Boulevard, Suite
740, Tampa, Florida 33609, GRANTOR, to The CITY OF WINTER SPRINGS, a municipal corporation organized
under the laws of the State of Florida, whose address is
Winter Springs, Florida 32708 GRANTEE:
WITNESSETH, that the said GI~ANTOR for and in consideration of the sum of Ten Dollars
($10.00), in hand paid by the said GRANTEE, the receipt and sufficiency whereof is hereby acknowledged, does
hereby remise, release and quit-claim unto the said GRANTEE forever, all the right, title, interest, claim and
demand that the said GRANTOR has in and to the following described lot, piece or parcel of land, situate, lying and
being in the County of Seminole, State of Florida, to wit: .i
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS
REFERENCE.
Subject to all covenants, conditions, easements, agreements and restrictions of record, if any;
provided, however, this reference shall not act to reimpose same.
TO HAVE AND.TO HOLD the same together with all and singular th~ appurtenances thereunto
belonging or in anywise appertaining, and.all the estate, right, title,interest, lien, equity and claim whatsoever of the
said GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the said GRANTEE forever.
(Wherever used herein the terms "GRANTOR" and GRANTEE" shall include singular and plural, ,
heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever
the context so admits or requires.)
{OR683434; 1}
IN WITNESS WHEREOF the said GRANTOR has caused these presents to be executed in its
name by its Authorized Representative thereunto duly authorized, the day and year first above written.
WITNESSES:
RICHLANO TUSCAWILLA, L TO.,
a Florida limited partnership
BY: RICH LAND MANAGEMENT, INC.,
a Florida corporation,
its General Partner
lQ~dl) ~~
Signature ~ ~ . __ fJ G L I
Print Name:~O(Q>>\.. --e...n ~ '"
.,~.~
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, J'Y7' '
Signatu,
Print Name: /~~"'(z'1 n. /::::It-(2qf
~r
By: ~
Name: ir Gc)~r IN f(,KINbav
UIICt ~s;dt"/f
Title:
STATE OF FLORIDA
COUNTY OF
cr The foregoing instrument was aFknowledge~ before me thiS. ~ day of ;t/o II /flJJ~ , 2003
by . fLaeT tlJ/ t...KI/1/SCV1J ,the 1I1ee-;?~ES /z::t:7Ur of Richland Management, Inc., a
Florida corporation, the ~ er of Richland Tuscawilla, Ltd., a Florida limited partnership on behalf of the
partnership. He [ ] i personally known me or [ ] has produced as
identification.
","':i.~:r;:i,... ANN MARIE CZAJKOWSKI.
f.r~~~ MY COMMISSION N DO 145401
r~'. ..,,'<,' EXPIRES: August 27, 2006
'~I!r; ,r.I ,,' Bonded Thru Notary Publlo UndelWritlrl
Sig ature of Person Tak'
ACknowledgme/i ;!/A /} .
P~int Name: ~AJ WIE C.?~O{{)s:l/
Title: Notary Public >. ^ / / E // I
Serial No. (if any) f.) I.:..) - 170 '"r 0
Commission Expires: r:< 7/0 (;,
Notary Stamp
{OR683434;1}
DESCRIPTION
'Colt Drive,/ying in Section 7, Township 21 South, Range 31 East, Seminole County, Florida,
being more p~rticularly described
as follows:' , .
From the centerline intersection of Winter Springs Boulevard and Northern Way as shown on the
Plat of Winter Springs Unit Four, as recorded in Plat Book 18, Pages 6, 7 and 8, Public'Records
of Seminole County, Florida, run N 86023'05" E along the centerline of Winter Springs Boulevard
282.85 feet; thence N 03036'55" W 60.00 feet to a point on the North right-of-way line, of said
Winter Springs Boulevard, said point being on a curve concave Northerly and having a radius of
1085.92 feet; thence from a tangent bearing of N 86023'05" E run Easterly along the arc of said
curve and along said Northerly right-of-way line 78.01 feet through a central angle of 04006'58" to
the POINT OF BEGINNING; thence leaving said Northerly right-of-way line; run N 10022'14" W
173.85 feet to the point of curvature of a curve concave Southwesterly and having a radius of
27.83 feet; thence run Northwesterly along the arc of said curve 40.44 feet through a central
angleof83~14'41"tothe point oftangenoy;,thence.run S 86n23'05.~' IN 27();83feet.to apointon .
the Easterly right-of-way line of Northern Way (80 foot RiW) said point being on a curVe concave
Easterly and having a radius of 1893.55 feet; thence from a tangent bearing of N 01003'58" W run
Northerly along the arc of said curve and along said Easterly right-of-way line 50.08 feet through
a central angle of 01 030'56" to a point; thence leaving said Easterly right-of-way line run
N 86023'05" E 276.96 feet to the point of curvature of a curve concave Southwesterly and having
a radius of 77.82 feet; thence rUrl Southeasterly along the arc of saicf clirve 113.07 feet through a
central angle of 83014'41" to the point of tangency; thence run S10022'14~' E 175.00 feet to a
point on the aforesaid Northerly right-of-way line of Winter Springs Boulevard, said point being on
a curve concave Northerly and having a radius of 1085.92 feet; thence from a tangent bearing of
S 79037'46" W run Westerly along the arc of said curve and along said Northerly right-of-way line
50.02 feet through a central angle of 02038'21" to the POINT OF BEGINNING.
The above described lands being the same lands described as "Parcel C" and recorded in Official
Records Book 2671, Pages 1169 through 1181, Public Records of Seminole County, Florida.
{OR683693;1 }
Department of
Environmental Protection
JIIb BUllh
Governor
Twin Towers Office Building
2600 Blair stone Road
Tallahassee, Florida 32399-2400
David 8. 5lnJhs
Secretary
August 8, 2003
ADDRESSEE
COMPANY NAME
STREETA'j)7JRESS OR P. O. BOX
CITY, JtA 1'1[. ZIPCODE
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Re: 7-Eleven #19322, 8998 Colt Drive, Winter Springs
DEP Facility ID: 598520662, EIDgible for ED.!, March 27. 1990, ~.re: 61
Site Manager: Sharon Smeenk, Seminole County Petroleum Cleanup Program
Dear ADDRESSEE,
This letter is in response to your request on August S, 20~3, for information regarding
your property which is, according to inforriwion .provided to me,. near to the above referenced
petroleum contaminated site. I uoderstand that you would like information regarding the
Department's enforcement policy toward a property owner whose property has been
, contaminated with pollutants. emanating from a nearby source property which is participating in
the Early Detection Incentive Program (EDI) as well as information regarding the pre-approval
program. Below is general information, please see the appropriate Department site file for more
information about a specific property.
Property owners are nearly always liable for contamination On their ,own property.
However, the Oepiutlnent will nQt take enforcement 3,ction for cleanup or for cost recovery
against an owner of property where pollutants have migrated from sources outside of the
property; provided, that the owner did not cause, contribute to or exacerbate the relea'S~ or
discharge, the person causing. the release is not contractually related to the owner, and the owner
is riot alternatively liable 8.') a generator or transporter, or as owner/operator of the source. This
policy extends to the adjacent property owner's (contaminated non-source property owner)
successors and lenders. See ~J 76.308, Florida'Statutes.
The adjacent property owner is not without responsibilities, however. The adjacent
property owner should grant site access (in some circumstances must grant site access) to allow
inspections, assessment and remediation of the contamination on the property. If there are
construction activities on this site such activities must not cause further spreading of and/or
exacerbate the contamination. If any contaminated soil, groundwater or other media are
removed it must be properly treated and/or disposed of in accordance with Department rules,
"More Pro'ection. Less Proce~"
YI5it Our Internet Site AI: www.deo.sUte.n.U9
Lastly, as a reminder, there are OSHA regulations regarding worker safety. on contaminated
construction sites.
Regarding cleanup at sites eligible for state funding, such as ED I, the state pays for the
cleanup of the petroleum contamination in priority order on the eligible source property as well
as reasonable costs to restore the property as nearly as practicable to the conditions that existed
prior to the assessment. Additionally, the stllte will pay the cost of cleanup if the petroleum
contamination has migrated onto any adjacent prdperties. That means if there is petroleum
contamination at a "non-source" property" that originated from a site ~~eiving a state. funded
cleanup. the slate will pay for the cleanup at the non-sour,ce property. However, the
respor:isibilities outlined in the previous paragraph stilJ apply, the property owner must provide
site access, etc. For more information regiUding conducting a petroleum contaminated site clean
up see Rules 62-770and.62-777, Florida AdministrativeCod'e. . .
For an EDI site, there are 00 deductibles, no limit on the amount ormoney spent on the
clean up, and the Department does not pursue cost recovery. See subsections 376:3071 (7)(a) and
(9), Florida Statutes (F.S.). However, EDI does not pay for the cost of any 'discharges after the
date of the EDI eligibility order. Any discMrges subsequent to that date or any non-petroleum
contamination are not covered by the EDl eligibility determination and, therefore, are not subject
to the same protections afforded by subsection 376.308(5), F.S.
Contractors conducting work in the state's pre-approval progiam must follow, among other
rules, the insurance and contracting requirements of SubSection 376.3071J(2) and (5), F.S. For a
list of contractors qualified to participate in the. IPTF pre-approval program go to the Department's
web site at: ~,dep.state.fl.tisldwm/program~
. Because petroJeu~" contamination may remain on the property for some time before state
funding becomes available to clean up the EDI eligible contamination, owners and operators are
encouraged to coordinat~ any constroction a.c;tivities.. .which require digging with the Seminole
County Petroleum Cleanup Program office at (407) 665-:2330.
If you would like '8' binding statement of the pepartment's position regarding your
situation, you may request a Declaratory Statement pursUant to section 120.565, F. S. with the
Department's Office of General Counsel. Please contact me if you have funher questions at
(407) 665-2336. .
Sincerely,
Sharon Smeenk, CHMM
Engineer
Seminole County Department of Public Safety
Petroleum Cleanup Program
Cc: site file
TOTAL P.03
Anthony A Garganese
Brown, Salzman, Weiss, & Gargancsc, P.A.
Two Landmark Center
. 225 East Robinson St: Suite 660
Orlando. FL: 32802.
, '
November 14, 2003
Dear Anthony,
Now that the City of Winter Springs has secured the Colt'Drive property.from Richland,
. it will be important to obtain the additional land next to 7-11: This site is located between
7-11 and Winter Springs Blvd and is owned by Pultc. Home Corporation. .
r'
. . . .'
Per my. discussions wjth Ron McLemore this lan9 will provide storm water retention for
the redevelopment of Colt Drive and the Tuscany's site. Once the redevelopment is
complete R~n suggested that this site be o~ed and maint~ined by my company/Tuscany
site. This transfer of o~ership and maintenance is acceptable to me. Also, the site will
. be designed and engineered as dry retention with additional landscaping to enhance the
overall look of the area. .
With your approval, please send a written request to Pulte Home Corporation for the
. transfer of the site.to the City of Winter Springs.
Contact Info: Larry K3;ufmann
.. Pulte Home Corporation
4901 Vj~eland Rd. Suite 500
Orlando, FL. 32811
407-875-1001 office
.Thank you in advance for your hel
_.-A~8
. Alec E. String.
President
Bryce Foster Corporation
;::)emmOle county rropeny AppraISer vel mrormanon oy rarCell'lUmOer rage 1 01 1
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2004 WORKING VALUE SUMMARY
GENERAL
01-21-30-5BH-0000- .. W1-WINTER
Parcelld: 083B Tax District: SPRINGS
Owner: PUL TE HOME CORP Exemptions:
Address: 555 WINDERLEY PL STE 420
City,State,ZipCode: MAITLAND FL 32751
Property Address:
Facility Name:
Dor: 10-VAC GENERAL-COMMERCI
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Market
o
$0
$0
$9,148
$0
$9,148
$9,148
$0
$9,148
SALES
Deed Date Book Page Amount Vac/lmp
Find Comparable Sales within this DOR Code
2003 VALUE SUMMARY
2003 Tax Bill Amount: $173
2003 Taxable Value: $9,148
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LEGAL DESCRIPTION PLAT
PT LOT 83 DESC AS BEG 417.96 FT ELY ON C/L
WINTER SPRINGS BLVD & N 10 DEG 22 MIN 14
SEC W 60 FT
OF INT C/l WINTER SPRINGS BLVD &
Land Assess Method Frontage Depth land Units Unit Price land Value NORTHERN WAY RUN N 10 DEG 22 MIN 14 SEC
SQUARE FEET 0 0 9,148 1.00 $9,148 W50FTELYONCURVE170.78
FT S 19 DEG 48 MIN 58 SEC E TO RD WLY ON
RD TO BEG GARDENA FARMS
PB 6 PGS 23 & 24
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax
urposes,
... If ou recent/ urchased a homesteaded ro ert our next ear's ro ert tax will be based on Just/Market value.
LAND
" nA(~ :. ~ ~: PR~m:RTY APP~AISER .' CO['\,'TACr'"
, ,'i, .' HOME PAC,E, : ,~.' .
~ ~;:." !.r:'~,. ~ ., " _~ r ~.,,, ~
http://www.scpafl.org/pls/web/re_web.seminole_county_title?PARCEL=0121305BHOOO...l1/l9/2003
. . Ray Valdes
Seminole County Tax Collector
Property Tax Information
T!
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!iT1i~ Information co~taJ~~d herein does not constitute a title search and should nor be relied on as such. I
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i Parcel 01-21-30-5 BH-OO 00-083B Owner & Address:
! Number: PUL TE HOME eORP
I
il Requester IP: 24.27.219.123 Date: 11114120~ 555 W1NDERLEY PL STE 420
!I.rax Year: 2003 ~ MAITLAND FL 32751 7143
, Exemptions: *NONE. Q.1,l_~~'9.F:l~P.J>_ou!
I Total Assessed $9 148 g~~.rnp~.!c:>.!1s?
I
!
i Value: . . Widow. Disability, or
!
! Taxable Value: $9,148 Other:
i Gross Tax Amount: $267.06 Homestead:
! Millage Code: W1 WINTER SPRINGS M.i!P-JLl1gJ~J..Qp.~rty
i 8p.Qra iserJDfQ.rmati 911
,
! . PT LOT 83 DESe AS BEG 417.96 FT EL Y ON elL WINTER SPRINGS
I legal Description: BLVD & N 10 DEG 22 MfN 14 SEe W 60 FT OF INT CIL WINTER
SPRINGS BLVD & .
I Current Tax:
I
i
I $256.38
! Amount Due: If Paid by: 11-30-2003
i Date Receipt Num. Amount Paid Date Receipt Num. Amount Paid
,
.
! Non-Ad Valorem Assessments: . . I
i OTHER $93.80
,
,
! Unpaid Delinquent Taxes: *NONE*
i Year Cert # Current Payoff If Paid by. Next Payoff If Paid by.
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Ilother Comments: I
D_)S~~Ji.lJl9JqL Back to. S_~3rc;.h Options ~_u_r:r.~.I}.L~2.Q.LM..iJJJ'!Q.~ RaltL~
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. UNPAID DELINQUENT TAXES MUST BE PAID BY A CASHIERS CHECK, MONEY ORDER, DEBIT CARD
OR CERTIFIED FUNDS AND ARE DUE BY THE LAST BUSINESS DAY OF THE MONTH.
http://www.semi noletax.orgldev/result.asp?txtAccountID=O 1-21-3 0-5BH-OOOO-083B
11/14/2003