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HomeMy WebLinkAboutORD 2002-031 s ORDINANCE NO. 2002-31 , / � ��-;,5 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE ::� �P COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF :?°°' � GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, � TEXAS, GRANTING ZONING CHANGE Z02-02 ON A TRACT OF LAND OUT OF THE J.M. BAKER SURVEY, ABSTRACT NO. 167, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, . TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE �_!SE O� �A!D � PROPERTY FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "R-MF-1" MULTIFAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE _ , DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED �,,� THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and �1"2!"egl!!Slt?S �!a?�!^� hQ°!� G�!7?���Ld 'J'v��ii, t"e cas� having �ome be�ore the �ity Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; -° �` safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and � ra stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent � property, street size and adequacy of width for traffic reasonably expected to be generated k�yA 5' by the proposed use around the site and in the immediate neighborhood, adequacy of '"�°° (� parking as determined by requirements of this ordinance for off-street parking facilities, ��_:;:, � location of ingress and egress points for parking and off-street locating spaces, and q,.' � protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the � transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing _.. called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers � ° possibly present in the securing of safety fmm same; thp Affe�t on ,he prcmotion of health �. ��- and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and �...a WHEREAS, the City Council of the City of Grapevine, Texas does find that there is �;� a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity a!�d need for this chahge in z��in� an� has aiso found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: �;�..� ORD. NO. 2002-31 2 Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known µ^� j as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby ,;,s amended and changed by Zoning Application Z02-02 to rezone the following described r:^ � property to-wit: being approximately 71 acres out of the J.M. Baker Survey, Abstract - � No. 167, Tarrant County, Texas, more fully and completely described in Exhibit "A", "s' � attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District is hereby changed to "R-MF-1" Multifamily District m :i Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended, in accordance with the deed restrictions attached as Exhibit "B". �.� Section 2. The City Manager is hereby directed to correct the official zoning map :x:.; of the City of Grapevine, Texas to reflect the herein change in zoning. � ': -"$ Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting �r � health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated ��%� to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surFace water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, T�xas affect�n� zoning and syail not repeai any of ihe provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. � _� ORD. NO. 2002-31 3 Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not �,:..�: / to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed :_;,s committed upon each day during or on which a violation occurs or continues. �::� � �����' 7 Section 8. The fact that the present ordinances and regulations of the City of „�� � Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace � and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety �;�: and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. �"��= PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �,�. GRAPEVINE, TEXAS on first rea�ing on ;his thz 19th day oi March, 2002. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 16th day of April , 2002. APPROVED: � �...�� William D. Tate Mayor ATTEST: � � Lin .!a Huffi City �ecretary APPROVED AS TO FORM: ; 'f Y .. ;�� � J ..•t'� . John F. Boyle, Jr. � m City Att�rney ��,.� ORD. NO. 2002-31 4 C:\WINDOWS\TEMP\PROPERTY DESCRIPTIOl.doc EXN181 T � TD � " �,. � Page _„L_ of _L,.__ PROPERTY DESCRIPTION BEING a 70.9155 acre tract of land situated in the J.M. Baker Survey, � Abstract No. 167, Tarrant County, and in the City of Grapevine, Texas, �;��: � said tract being a portion of that tract conveyed to Ray Wallace from �A� `^ C.K. Simmons and Irene Simmons, in Volume 568, Page 195, and Volume ' �Y 4575, Page 100, Deed Records, Tarrant County, Texas, and all of that ;:' 7 tract conveyed to said Ray Wallace from Mary Flake in Volume 4880, Page edf, � 601, Deed Records, Tarrant County, Texas, and being more particularly ' described as follows: - BEGINNING at a 5/8" iron rod found for corner in the easterly line of F.M. 2499 (160' R.O.W. at this point) , said corner being the southwest - corner of said tract conveyed to Ray Wallace from Mary Flake and also being in a northerly line of a tract conveyed to H.A. Grapevine Joint , Venture by deed recorded in Volume 11635, Page 2042, Deed Records, Tarrant County, Texas, said corner also being the beginning of a curve to the left having a central angle of 45°37'06", a radius of 3330.00 ^ feet and a chord bearing and distance of N26°59'59"W, 2581.84 feet; THENCE departing said northerly line and along said easterly line of F.M. 2499 and with said curve to the left an arc distance of 2651.31 feet to a 5/8" iron rod found for corner in the common line between the aforementioned City of Grapevine, Texas, and the Town of Flower Mound, said corner also being in the county line between the aforementioned Tarrant County and Denton County; ,s.�.-,.. THENCE S87°29'30"E, departing said easterly line and along said common line and county line, a distance of 2280.43 feet to a 5/8" iron rod found for corner; ��. THENCE S06°24'S1"E, departing said common line and county line, a distance of 958.09 feet to a 2" iron pipe found for corner; THENCE S6°56'08"E, a distance of 118.87 feet to a 5/8" iron rod found for corner inside a 2" iron pipe found said corner being a reentrant corner of a tract conveyed to Robert S. Beall in Volume 12393, Page 1397, Deed Records, Tarrant County, Texas; THENCE S87°38'52"W, along a north line of said Beall tract, a distance of 494.54 feet to a 5/8" iron rod found for corner at an ell corner of said Beall tract; THENCE S00°59'47"W, along a west line of said Beall tract, a distance of 1258.85 feet to a point for corner in a northerly line of the aforementioned H/A Grapevine Joint Venture tract; THENCE S67°39'29"W, along said northerly line, a distance of 205.82 feet to a point for corner; THENCE N76°59'31"W, continuing along said northerly line, a distance of 534.12 feet to the POINT OF BEGINNING and containing 3, 089,078 square feet or 70.9155 acres of land, more or less. �. _, C:\WINDOWS\TEMP\PROPERTY DESCRIPTIOl.doc 04!08/02 14:19 FAX DUItE.INC 1�002 ExHieir� ro �.h.� aoo.�-.�� RFCEI��� Page _..L__ of _�_ �PR 2 � �Op� �_- � �'���N',�� y, �� � DECLARAT�ON OF RESTRYCTIV� COV'�NA.NTS �.;` � y'.;i�.: �:;;�. � tN 3. T�II,S DECLARAIION OF RESTRICTNL COVENf1t�TTS (Lltis "Declaratiun'� is zt�ade as.of this �„ � day of 2002,by the Crnr or C�.�rEVn�, a T�xas Home Rule City located principally ur� �='f Taxrant ounry, Texas ("G�ty'�, and Wallcon Equities, Ltd,, whose principal address is 5500 Preston Road, Suite 220,Dallas,TX 75205 ("Owner'�, -°° WHERF�S, Owncr is the owner of ccrta,in real property located in Tarraut Counry, Texas, more '�. parlicularly described in E1:lubit"A" attacl�ed hereto at�d incorpora�ed herein foz all purposes, also known �:�' as 3900 Giapevine Mills Pazkway, Gzapevine,Texas 76051 (the ".Property'�; !,i� �r`' W�ERF.,4S, the Owncr bas agreed to imposs certain restrictions upon the �'raperry whdch restriction�s will be extforceable by the Owner and tlie City a�ainst any owner or subsequent purchaser of the Properiy; NOW, TF�REFORL, the Owner declazes that the Propert�� is and shall bc held, transferred, sold, conveyed,and occupied subjeet to the covenants hercinafter s�t fnrth. 1. ' 'tatio d e ' � S as to Use—The Property shall be renovated and redevcloped in accordance with an.d in compliat�ce with the following: „<..:.� (a) Architechual style sunilaz to that of the existin� multi-family project located at 3701 Grapovine Milla Parkwav GTIDBVI17e Texas 7fi051, which elevat�ons are attacl�ed l�ereto as E�:hibit"B"• (b) The tatal number of multi-family units on the Properry will not e�ceed 600; (c) At least 60% of the multi-f�unily units wilt have in-liz►.e garages wrth direct access to and from the mi�lti-fauiily unit; (d) T.he average unit size for the multi-family units on the Property will be ai least 9�0 square feet; and (e) Thc Pxoperty will contain park and Iake azeas similaz to those included in thc submittal to the City dated Febzuary 4, 2002 and attached hereto as Exhibit"C". 2. Tssuance of a Buildin� Penni� ThE issuance of a building perunit by th.e City for improvemcnts on the Property will be confirmation that the improvemcx�ts contemplated by the buildin�r permit arc in compliance with this Declaration. 3. Issuan�e of a Certifieate of Occupancy. The isst��.ce of a certifieatc of oceupaney by tlie City for impravements on the Pxoperty will be confirmatiou tliat the impravements on the " Properiy at the time of tha issuance o�the eertificate oF oecupancy are iu con�liancc with this Declazation. �.w DHCI.ARATION OF RDSIRiCTiViC COVICNnNTS PACD i 04/08/02 14:14 FAX DLRZE.INC 1QJ003 .. EXHIBIT� TO /�a ,�.��� _ 3l R���i'�E� , Page �— of —�---- APR 2 � �00� °" / 4_ pmendxne�nts — This Declaration may be amended only pursuant to a written�. �� '�' ,� el:ecuted by City and the then cun'ent owner of the Property and recorded in tbe Deed ; (� �ecords of Tarrant County,Texas. °` y S. �nforceme�—Tlie Ciry shalJ have the right (but not the dury) to enforce th.e provisions " o�this Declaration. �nforcemen2 shall be by airy proceeding at law or in equity against airy persozi or persons violating or at�temptiz�g to violate any part of the DeclaratYOn, ei�ther to resUrain violation or to zecover damag�s. Failure by the City to enforce any pro�visian of the Dcclaration shall in no event be dee�d a waiver of the right to do so thereafter. _:`,.. With respect to any litigation hFxcwader, the prevailing party shall be �ntitled to recover � court costs and zeasonable attArneys'�ees froin the non-prevailing party_ 6, Severabilit� — lnvalidation of any one or more of the covea�rts, conditions and ' restritctions conta�cd her,ein, or any portioz� tk�ezaof, by a judgment or court order shall not affect any of the other provisions hercin concained, wliich shall remain in fu11 force and effect. In the event any pro�vision of the inst�ument requires an act that would violate any law, ordinance or regulaCion promulgated by a go�vernmental body haWing jurisdictirn�, then the actions so required hezeim sha]1 be excused and such law, ordi.nance or regtdation s.hal.l control. �. ��retation—The seetion headings appearinr in this instrumecrt are for convenienee of reference only and are not intended, to any�-tent and for any pwpose, to limit or define . the te��t of atty saction hereof. �,:� g Tlothiu,� hereiri, in any mann�r, shall preclude the C�ty from excrcising it's pouce power, including the zoning and rezoning of thc Property. �::.. D1�7CLnRn'r[oN oF Rxsr�c•rrv�Cov�arte►tvTS PA�rE Z 04/08/02 14:14 FA% Dtn�E.INC C�j004 EXHI8IT� TO ��%�a��"�� RECEIVED Page �_ of �.— �r . APR 2 3 20�� �_ F..�cv�D as of the date above writteu. P L��t1 I`�I�J C � CJTY OF GRAPBVINE � City Secretary � _�°. � Linda Huff Roger Nelsan, City Manager ��`�` Ci Attorne AGREEA TO BY OWNER ,.�. LY Y :,;F: C!JlkGClO�! �QG�lTl�3.!�D ..,.. �.� � g �.-- • Gvd.l.�BCc �C `ctar �Y o� Jolin F.Boyle, Jr. � ���' � � ' /� � ..� �GGC - r/1tX�- �.,� � � �� DECLwx.+r�orr or itasz'cue rivB Cov�vems PecE 3 04/08/02 14:15 FA% Dtn{E.INC f�1005 . , ' . EXHI9IT� To ���a�Q�:3i Pa9e �. of ...,�.� ��C�/�E� STATE OF TEXAS $ '�pR 2 � 2�0� �;':, s COUNTX OF TARRANT § pL�IyNJJy�+a ;`� � BEFORE ME, �- ' ° -- ' � � on this day personally appeared ILoger Nclsoq City ,,:�„ � Mana.�cr, laiown to mc (oT proved to me on'the oa[h o�card or athrr docum,e�rt) to bc the person whose name is subscnbed to the foregoing instrument au.d ackz►owledged to me that he executcd the same for the " �urposes and considera.tion thcrein expressed. �=�F: GrvEx vNnER�x�at�sEnt.or o1 r`ICE,tlus day of - ,2002. .�:: _.:,. � ���' N �,�tt � ��� My Commission Expires: �'4 :..-� p'� ,��'� NOTARY PUBUC —7EXAS �j�J MY COMMISSION EXPIRES o�,E JULY 17,2003 STATE OF'T�XAS § § COUNTY OF TARRANT § BPFO ME, ��,r, = r �-�,.. on tbis day persona�ly appeated �, /�{„�f j,!v,/�,��tC� � Owt�e'r, lrnown to e '(or praved to me on the oath of card or other ' document) to e the crson whose name is subscribed to the fore�oing instsument and acknowledged to � me that hc ea�ecutad the same foz the purposes and consideration therein cxpzessed. GIVLN UNDEIt MY HAND AND SEAL OF O�'ICE,this � �`' day of %�.i . : :, , 2002. �, J � {/�� / j � j� ..V � •I �'.t / %����� t{x � � Notary public in and for the State of T+�xas My Commission�`,�pires: r , � . ,,,,,,.,, �kE;; KRISTY H.THQMPSON *• "= MV COMMISSION EXPIRES s'�r• ,.�F%�: S6pt9Rlb9t 2,2005 •,�4;�ti D.ALI.AS SR91G2 3 3016.89 �..a� ��r A1tCLa1u7'YON OF RE9TRIC'rrvc�Co VENe►NTS PAGS 4 � " Exhibit A " RECEIVEp � APR 2 3' 200:1 , P�tOPERTY DESCRTPTION �PLqN�y��G B�YNG 3 67.5661 acre tract of land situat�d in tk�,e J.M. Baker Suxvey, . Abstr�ct No. 167, Tarzax�tt County, and in the CXty of Grapevinc, Te�as, �' � said tTBCC being a port�oz�t of that tract conveyed to Ray OiTall�c� from ` � C_K. Simmons and Ir�ne Simmons, in Volume 5�8, Page 195; and volume ; � 4575, PagE 100, Deed Recards, Tarrant Couz�ty, Texas, and all o� tksat � � tract conveyed to 5aid Ray Wa11aGe �'zom Mary F1akE in Vo�.ume �880, Page ��x` � 601,, Deed Records Tarra�nt Count Texas an�d bein more � y, , g particularly . desEribed as follows: BEGINNING at a 5/B" izo7cu rod found for cpr�ez in the easterly line of _ F.M. 2499 (16D' F.O.W. at this point) , sztid corner being the southra�est • corner of �a�d tract convEyed to Ray Wa113ce from M�ry Flake and also --° b�ing i�, a lnortherly line ot a tract conveyed to F�.A. Grapevine Joint " ve�ctture by deed recorded in Volume 11635, p�ge Z042, Deed Records, =�...�' Tarrant County, Texas, said corner also being thc beginning of a curve to the left hatrYng a centxal angle of 45°18'38", a radYus of 3330_00 �''`: �.: �eet and a chord beari,t�g azid distanc� of �26°50'45'4J, Z565.34 feeG; THIIVCE depart�.�g said �northerly line s7nd along said easter��r line o£ F.M. 2499 at�.d 'w'ith said curve to the �eft an arc distax�ce of 2633.43 feet ta a 5/8" iron rod found for camer in the cozarnen line between the aforemeritioned City o� Grapevine. Texa�, t�nd the Town of Flower Mound, said corner also bes,zxg it3 the county li�e between the aforemeationed Tarrant Couxtty and Denton County; THENCE S87°�9'30"E, departing said easterly lir�e and along said commori ].ine and county line, a diatance of 2280.�3 £eet to a 5/8" izotZ rad found far cornex; ,�,, THENCE S06°Z4'51"E, departing said common. liz�e and county 1in�, a distaace of 958.�9 feet to a 5/8" iron rod found for corner i,nside a 2" iron pip� found said corner b�ing a reetstrant corn�r o£ a tract canveyed to Robert S. Beall i.z� Volume 12393, Page 1397, Deed Recozds, Tarr�t County, Texas; THENCE 587°38'52"W, along a, xiorth line of said Seall tract, a distatzce of 999�,59 ���t to a 5/e" iro:l rod found fox corner at an ell corner of sa�d Beall tract; TH�CE S00°59'47*GT, along a west line of said Beall traGt, a distance of 1258.85 feet to a point for coz�tzer in a northez'�.�r line of the aforEmentio�ed Y3/A Grapevine Joint Venture t7CaCt; THENC� S67°39'29"W, along said noz�thetly line, a distaTice of �45.8Z feet to a 8oiat for corner; THFI�TCE N76�59'31."W, continuing a].o�g said northezly line, a distanCe of 534.12 feet to the PoINT oF BEC�NNING and contain�.z�.g 2,943,7,79 square f�et or 67_5fi61 acres of larad, more or less. EXMIBiT..�. t� �� ,�-.�� � Pafle ----._.!.�,. c _,.,,L.__ �.,.. _—� - � � `' ��r,,,, � .� �`. ' �..; ,�,.'�:.� i � �, k� �[ �� �� "` �. ��- ��r -.`� i - _ _ ��. ��: � w���, �+ y �.i.- ' �, -, , . , � - - ..��� - �� _ s.i «. . 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GRAPEVINE TX 76099 ,_::: �; —� A R N I N G—THIS IS PI?RT OF '1'HE OFFICIAL RECORD--D U N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE—PUBLIC WORKS RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 202269028 DR93 CB 05/14/2002 12 : 03 �-� INSTRUMENT FEECD INDEXED TIME 1 D202132472 WD 20020514 12 : 03 CG T O T A L : DOCUMENTS: O1 F E E S : 31 . 00 � B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. �. � ;r�,,,,