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HomeMy WebLinkAboutRES 012318-J - Abandon 40 ft ChannelRESOLUTION NO. D\' S-1_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN VACATING AND ABANDONING A 0.2087 -ACRE PORTION OF A 40 -FOOT CHANNEL EASEMENT ACROSS LOT 2, DICOTEC SUBDIVISION, A SUBDIVISION RECORDED IN CABINET L, SLIDE 142 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN VOLUME 416, PAGE 2 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, LOCATED AT 4405 WILLIAMS DRIVE. WHEREAS, the City of Georgetown (the "City") has received an application for the vacation and abandonment of a portion of the above-described 1956 channel easement that was conveyed to the State of Texas ("State") at the time the State acquired right of way to construct FM 2338/Williams Drive; and WHEREAS, said easement was acquired for the purposes of constructing and maintaining a drainage channel for storm -water runoff from FM 2338/Williams Drive; and, WHEREAS, the current owner of property encumbered by the above-described easement, The Barn on Williams Drive, LLC, has requested the abandonment of the channel easement as the bisection of Lot 2 prevents future development. The easement requested to be abandoned and vacated is depicted by the sketch on Exhibit "A" attached hereto (the "Property"); and WHEREAS, the owner has provided an alternative easement to the City and will construct new infrastructure to route the necessary storm water drainage flow; and, WHEREAS, upon considering the request for vacation and abandonment of the Property, and additional information pertaining to the request, the City Council now finds that a public need for the Property no longer exists and it may, therefore, be abandoned and vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that the adoption of this resolution is not inconsistent or in conflict with any of the City's 2030 Comprehensive Plan policies. Resolution No. 3 " Description: Vacation and abandonment of a portion of a 40' Channel Easement, Lot 2, Dicotec Subdivision Date Approved:k l:D 2? ,�Lo 115 Page 1 of 2 SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed in substantially the same form attached hereto as Exhibit "B" and any other conveyance document(s) necessary to complete the vacation and abandonment of the Property described herein and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of S 2018. CITY OF GEORGETOWN By: (�l J�� 04', Dale Ross, Mayor APPROVED AS TO FORM: Charlie Mc abb, ity Attorney ATTEST: " �-� A`%'�' Shelley Nowling Ci Secretary Resolution No. LS -37 Description: Vacation and abandonment of a portion of a 40' Right -of -Way Easement Lot 2, Dicotec Subdivision Date Approved: j_) 2!.2? t71 g} Page 2 of 2 0.2087 ACRE Page 1 of 3 DAVID WRIGHT SURVET, ABSTRACT No. 13 WILLIAMSON COUNTY, TEXAS EXHIBIT A PROPERTY DESCRIPTION PARTIAL CHANNEL EASEMENT TO BE RELEASED BEING 0.2087 OF AN ACRE OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 40' CHANNEL EASEMENT (TRACT 2) DEDICATED IN VOLUME 416, PAGE 2, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (D.R.W.C.T.), AND BEING A PORTION OF LOT 2, DICOTEC SUBDIVISION, RECORDED IN CABINET L, SLIDE 143, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, (P.R.W.C.T.), SAID 0.2087 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a TxDOT Type II monument found in the southwesterly line of said Lot 2, same being in the northeasterly Right -of -Way (ROW) line of Williams Drive, also known as R.M. 2338, variable width ROW, from which a punch hole found in concrete at the southeast corner of said Lot 2 bears a chord bearing and distance of South 64°09'05"East, 263.16 feet; THENCE, North 65°25'05" West, along said ROW line, a distance of 49.63 feet to a point for corner; THENCE, North 60°52'41" East, over and across said Lot 2, a distance of 241.97 feet to a point for corner; THENCE, South 29'07'19" East, over and across said Lot 2, a distance of 40.00 feet to a point for corner; THENCE, South 60°52'41" West, a distance of 212.59 feet to the POINT OF BEGINNING, containing 0.2087 of an acre of land, more or less. 0.2087 ACRE DAVID WRIGHT SURVET, ABSTRACT No. 13 WILLIAMSON COUNTY, TEXAS Page 2 of 3 All bearings and coordinates shown hereon are based on the Texas State Plane Coordinate System (SPCS), Central Zone (4203), NAD83/93 HARN. All distances shown hereon are surface values represented in U.S. Survey Feet and may be converted to grid by multiplying by a combined adjustment factor of 0.99986630. WITNESS MY HAND THIS (PARTIAL EASEMENT RELEASE) I, Robert E. Hysmith, licensed to practice Land Surveying in the State of Texas, hereby certify that the foregoing metes and bounds legal description and sketch were based on an on the ground survey, that all protrusions and encroachments into the easement area are accounted for including but not limited to building footprint, eaves and roof overhangs and all visible improvements whatsoever. Surveyed on the ground the 21 "' day of December, 2017 Robert E. Hysmith Registered Professional Land Surveyor No Peloton Land Solutions 4214 Medical Parkway Suite 300 Austin, Texas 78756 (512) 831-7700 TBPLS Firm No. 10194108 gP ti oF,r,- 5131 .... ......... ROBERT E. HY5M1TH Fss�p`����j� q4`Q 3[!R`l CN) 0 50' 100' LEGEND SCALE: 1"=50' O TxDOT TYPE II MONUMENT FOUND PUNCH HOLE FOUND IN CONCRETE CALCULATED CORNER P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS D.R.W.C.T, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS . P NO -V 6� 6y4 AO�OVM / pF.J-v Z �.PR / S1A / / 0. 'h POINT OF 41 BEGINNING ��. 1'•,'� OF r�.����� � + ROBERTE. WSMITH ...r .................. 5131 �,� �n01 X44 0. LOT 2 DICOTEC SUBDIVISION (CAB. L. SLD. 143, P.R.W.C.T.) 0.2087 AC. 40' CHANNEL ESMT. TRACT 2 VOL. 416, PG. 2 D.R. W.C.T. TO BE RELEASED =B' Line Table Line # Length Direction L1 49.63 N65°25'05"W L2 241.97 N60°52'41"E L3 40.00 S29°07'19"E L4 212.59 S60°52'41"W S64°09'05"E / NOTES: BEING 0,2087 OF AN ACRE OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT N0, 13, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 40' CHANNEL EASEMENT DEDICATED IN VOLUME 416, PAGE 2, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (D.R.W.C.T.), AND BEING A PORTION OF LOT 2, DICOTEC SUBDIVISION, RECORDED IN CABINET L, SLIDE 143, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, (P.R.W.C.T.), THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT OR POLICY. THERE MAY BE ADDITIONAL EASEMENTS OR RESTRICTIONS, NOT SHOWN HEREON, WHICH MAY AFFECT THE PROPERTY. THIS PROJECT IS REFERENCED FOR ALL BEARING AND COORDINATE BASIS TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE (4203), NAD83/93. DISTANCES SHOWN HEREON ARE SURFACE VALUES EXPRESSED IN U.S. SURVEY FEET. THE COMBINED SURFACE—TO—GRID SCALE FACTOR IS 0.99986630 EXACTLY. 1 PELOTON LAND SOLUTIONS 421.1 Mri);CAL PARKy7AY SUITE 300 AUSTIN, TX 78756 512-831-7704 T6PLS FIRM NO 10194108 JOB # FRT16002 0.2087 ACRE 361Fm.1T- FPkr0001FAT16002-4465 Williams\ SO WEasemenlsA0'CmANNF.1_ RRFe PARTIAL RELEASE OF 40' CHANNEL EASEMENT 0.2087 ACRE DAVID WRIGHT SURVEY, A-13 WILLIAMSON COUNTY, TEXAS DATE: 12-21-2017 CHECKED BY: REH PAGE 3 OF 3 L5 263.16 / NOTES: BEING 0,2087 OF AN ACRE OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT N0, 13, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 40' CHANNEL EASEMENT DEDICATED IN VOLUME 416, PAGE 2, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (D.R.W.C.T.), AND BEING A PORTION OF LOT 2, DICOTEC SUBDIVISION, RECORDED IN CABINET L, SLIDE 143, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, (P.R.W.C.T.), THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT OR POLICY. THERE MAY BE ADDITIONAL EASEMENTS OR RESTRICTIONS, NOT SHOWN HEREON, WHICH MAY AFFECT THE PROPERTY. THIS PROJECT IS REFERENCED FOR ALL BEARING AND COORDINATE BASIS TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE (4203), NAD83/93. DISTANCES SHOWN HEREON ARE SURFACE VALUES EXPRESSED IN U.S. SURVEY FEET. THE COMBINED SURFACE—TO—GRID SCALE FACTOR IS 0.99986630 EXACTLY. 1 PELOTON LAND SOLUTIONS 421.1 Mri);CAL PARKy7AY SUITE 300 AUSTIN, TX 78756 512-831-7704 T6PLS FIRM NO 10194108 JOB # FRT16002 0.2087 ACRE 361Fm.1T- FPkr0001FAT16002-4465 Williams\ SO WEasemenlsA0'CmANNF.1_ RRFe PARTIAL RELEASE OF 40' CHANNEL EASEMENT 0.2087 ACRE DAVID WRIGHT SURVEY, A-13 WILLIAMSON COUNTY, TEXAS DATE: 12-21-2017 CHECKED BY: REH PAGE 3 OF 3 Exhibit: `B" UITCLAIM DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: 2018 GRANTOR: City of Georgetown, a Texas home -rule municipal corporation GRANTOR'S Mailing Address (including County): P.O. Box 409, Georgetown, Williamson County, Texas 78627 GRANTEE: The Barn on Williams Drive, LLC, a Texas limited liability company GRANTEE'S Mailing Address (including County): P.O. Box 221707, El Paso, El Paso County, Texas 79913 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING a 0.2087 -acre portion of that 40' Channel Easement (Easement) as dedicated in Volume 416, Page 2, Deed Records of Williamson County, Texas, said easement being described by metes and bounds with sketch on Exhibit "A" attached hereto and incorporated herein by reference. For the consideration, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR, nor GRANTOR'S successors and assigns, shall have, claim or demand any right or title to the property or any part of it. Quitclaim Deed abandoning 40' Channel Easement Lot 2, Dicotec Subdivision, 4405 Williams Drive Page 1 of 2 EXECUTED this the GRANTOR CITY OF GEORGETOWN M Exhibit: `B" day of _ 2018. ATTEST: Dale Ross, Mayor Shelley Nowling, City Secretary STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this date personally Dale Ross, Mayor of the City of Georgetown, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2018. Notary Public, State of Texas APPROVED AS TO FORM: Charlie McNabb, City Attorney Quitclaim Deed abandoning 40' Channel Easement Lot 2, Dicotec Subdivision, 4405 Williams Drive Page 2 of 2 [Exhibit "A" to Quitclaim Deed] Exhibit "A" to the Quitclaim Deed is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Quitclaim Deed prior to execution and recording. DRAINAGE EASEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS: This instrument is made on the /OH4 day of January, 2018 between The Barn on Williams Drive, LLC, a Texas limited liability company, whose address is 4543 N. Mesa, El Paso, Texas 79912 (hereinafter referred to as "Grantor"), and the City of Georgetown, a Texas home -rule municipal corporation, whose address is P.O. Box 409 Georgetown, Texas 78627, ATTN: Georgetown City Secretary (herein referred to as "Grantee"). 1. For the good and valuable consideration described in Paragraph 2 below, Grantor hereby GRANTS, SELLS and CONVEYS to Grantee, its successors and assigns an EXCLUSIVE easement and right-of-way (the "Easement") for the placement, construction, operation, repair, maintenance, replacement, upgrade, rebuilding, relocation and/or removal of drainage facilities and related appurtenances (collectively, the "Facilities") and allowing the flow of water on, over, across and under the following described property of the Grantor, to wit: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). 2. The Easement and the rights and privileges herein conveyed, are granted for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed. 3. The Easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, upgrading, relocating, and/or removing the Facilities and allowing the flow of water on, over and across the Easement. The Easement additionally includes the following right to remove from the Easement all trees and parts thereof, or other obstructions, which endanger or may interfere with the efficiency and maintenance of the Facilities. 4. The duration of the Easement is perpetual. 5. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to WARRANT and FOREVER DEFEND the Easement and the rights 100168845.3 j DRAINAGE EASEMENT Page 1 of 3 conveyed in this Agreement to Grantee and Grantee's successors and assigns, against every person lawfully claiming or to claim all or any part thereof. 6. The Easement, and the rights and privileges granted by this Agreement, are EXCLUSIVE to Grantee, and Grantee's successors and assigns, and Grantor covenants that Grantor shall not convey any other easement, license, or conflicting right to use in any manner, the area (or any portion thereof) covered by this grant. 7. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. 8. The terms of this Agreement shall be binding upon Grantor, and Grantor's heirs, personal representatives, successors, and assigns; shall bind and inure to the benefit of the Grantee and any successors or assigns of Grantee; and shall be deemed to be a covenant running with the land. IN WITNESS WHEREOF, Grantor has caused this Drainage Easement to be executed on thisL0jL1%day of January, 2018. RIANNU9314 THE BARN ON WILLIAMS DRIVE, LLC, a Texas limited liability company 4JacquMlineD. Guevara, President (00168845.3 t DRAINAGE EASEMENT Page 2 of 3 APPROVED AS TO FORM: , Asst. City Attorney STATE OF TEXAS § COUNTY OFE�- P '� § This instrument was acknowledged before me on this theic''`" day of January, 2018, by Jacqueline D. Guevara, President of THE BARN ON WILLIAMS DRIVE, LLC, a Texas limited liability company, on behalf of said limited liability company. :ati�ypr if�y� DEBRA P. KELLOGG Notary Public. State of Texas a Comm. Expires 04-12-2021 Notary Public, State of TexasUV Notary ID 154086 AFTER RECORDING, RETURN TO GRANTEE: City of Georgetown Attn: Travis Baird, Real Estate Services Coordinator P.O. Box 409 Georgetown, Texas 78627 100168845.3 1 DRAINAGE EASEMENT Page 3 of 3 0. 10 14 ACRE Pagel of 3 DAVID WRIGHT SURVET, ABSTRACT No. 13 WILLIAMSON COUNTY, TEXAS EXHIBIT A PROPERTY DESCRIPTION DRA NAGE EASEMENT BEING 0.1014 OF AN ACRE OF LAND SITUATED IN THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 40' CHANNEL EASEMENT CI R.ACT 2) DEDICATED IN VOLUME 416, PAGE 2., DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, (D.R.W.C.T.), AND BEING A PORTION OF LUT 2, DICOTEC SUBDIVISION, RECORDED IN CABINET L, SLIDE 143, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, (P.RW.C.T.), SAID 0.1014 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a TxDOT Type 11 monument found in the southwesterly line of said Lot 2, sante being in the northeasterly Right -of -Way (ROW) line of Williams Drive, also known as R.M. 2338, variable width ROW; THENCE, North 65°25'05" West, along said ROW, a distance of 31.60 feet to the POINT OF BEGINNING of the herein described tract; THENCE, North 65125'05" West, along said ROW line, a distance of 15.00 feet to a point for comer; THENCE, North 24°34'55" East, over and across said Lot 2, a distance of 2.84 feet to a point for comer; THENCE, North 65°25'05" West, over and across said Lot 2, a distance of 32.47 feet to a point for comer, THENCE, North 21049'05" West, over and across said Lot 2, a distance of 24.14 feet to a point in the northwesterly line of said Lot 2, same being the southeasterly line of Lot 2, Block A, Final Plat of West Georgetown Village, recorded in Cabinet BB, Slide 204, P.R.W.C.T.; THENCE, North 68010'29" East, along said northwesterly line and said southeasterly line, a distance of 240.72 feet to a point for corner, from which a 3!4 -inch iron pipe bears, North 68° 17'56" East, a distance of 15.00 feet; THENCE, South 22°45'35" East, over and across said Lot 2, a distance of 15.03 feet to a point for comer;. THENCE, South 68°10'55" West, over and across said Lot 2, a distance of 225.96 feet to a point for comer; 0. 10 14 ACRE DAVID WRIGHT SURVET, ABSTRACT No. 13 WILLIAMSON COUNTY, TEXAS Page 2 of 3 THENCE, South 21°49'05" East, over and across said Lot 2, a distance of 3.14 feet to a point for corner; THENCE, South 65°25'05" East, over and across said Lot 2, a distance of 41.47 feet to a point for corner; THENCE, South 24°34'55" West, a distance of 17.84 feet to the POINT OF BEGINNING, containing 0. 10 14 of an acre of land, more or less. All bearings and coordinates shown hereon are based on the Texas State Plane Coordinate System (SPCS), Central Zone (4203), NAD83/93 HARK. All distances shown hereon are surface values represented in U.S. Survey Feet and may be converted to grid by multiplying by a combined adjustment factor of 0.99986630. This property description is accompanied by a separate plat of even date. Surveyed on the ground the 21c' day of December, 2017 w Robert E. Hysmith Registered Professional Land Surveyor No. 5131 ROBERT E.IMMllli Peloton Land Solutions•"" ..... ; •�9 ';s5o?�' 4214 Medical Parkway O� SUfN Suite 300Q Austin, Texas 78756 (512) 831-7700 TBPLS Firm No. 10194108 vt 0.1014 AC. DRAINAGE ESIAT. ti p Sly iflp' T LEGEND SCALE: 1•=50' O TXDOT TYPE II MONUMENT FOUND 0 3/4° IRON PIPE FOUND CALCULATED CORNER P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS LSF ►[a LOT 2 mcamc SUBDIlAvoN (CAB. L. SLD. 143. PJAW.mTJ r0 POINT OF BEGINNING POINT OF COMMENCING Line Table Une 0 Length Dimdon L1 31.60 N65'25'05W L2 15.00 N65'25W'W L3 2.84 N24.341551E L4 32.47 N65'25'05'W L6 24.14 N21'49'O5W L6 240.72 N68'10'29'E L7 15.03 S22.45'35'E L8 226.96 S6B'10'55W L9 3.14 S21.49'05 -E 1-10 41.47 S65'25WT L11 17.84 S243455W 1-12 15.00 N88.1TWE NOTES: TRIG SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TTI1.E COMMITMENT OR POLICY, THERE MAY BE ADDMOHAL £AS#alOUS OR RESiRICRONS, NOT SHOWN HEREON. WHICH MAY AFFECT THE PROPERTY. THIS PROJECT IS REFERENCED FOR ALL SEARING AND COORDINATE BASIS TO THE DANCES SHOWN HEREON TE PLANE IAREESUR SYSTEM, V F� EXPRESCENTRAL ZONE SED IN U.S. SU 93. RVE1' FEET. THE COMBINED SURFACE -TO -GRID SCALE FACTOR IS 0.99966630 EXACTLY. [i! P E LOTO N LAND SOLUTIONS VN Y[FTYJV�AAihy1�Y A�Tx T60 ....•.....:... • ROBERT E. WSMITH • • r•r.ra.al. •► Iz/z� I►� 0.1014 ACRE DRAINAGE EASEMENT DAVID WRIGHT SURVEY, A-13 WILLIAMSON COUNTY, TEXAS JOB # FRT16002 0.1014 ACRE DATE: 12-21-2017 CHECKED BY: REH PAGE 3 OF 3 7S.Y�u3 - iftTCAYf3N:17-0ln -,tny YiltiLF],Y.FJ�pASFr..n}1 V5 OE w� SURVEY 0'1 = LOT 2 DICOTEC SUBDIVISION CAB, L, SLD, 143 W—P.R. MLI IAMSON COUNTY, TEXAS ��• ,eye =y LEc=vo .y "'�•• mar �� S'F - A 7 .Y f GENERA;. NC w