HomeMy WebLinkAboutResolution 4392-12-2014 A Resolution
NO. 4392-12-2014
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL
PROPERTY AND AUTHORIZING ITS APPROPRIATION OR
CONDEMNATION FOR PUBLIC USE
WHEREAS, the Fort Worth City Council on December 9, 2014, in M&C L-15742, ordered and
decreed that a public necessity existed for the acquisition of 0.0657 acres from a tract located at 4627
East Rosedale and 0.0822 acres from a tract located at 4701 East Rosedale more particularly described
in the exhibits attached to the above-referenced M&C; those exhibits are incorporated herein for all
purposes (the"Property");
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for the East Rosedale Street Improvement Project, a public project
(the"Project");
- public necessity required the acquisition by donation, purchase, condemnation or otherwise
of the Property, located within the alignment of the Project;
- the use of the Property will be a public use; and
- that the Right-of-Way Section of the Transportation and Public Works Department was
authorized to acquire by negotiation the Property needed for the Project.
WHEREAS,negotiations for the purchase of said tract of land have been unsuccessful; and
WHEREAS, on this 9th day of December, 2014, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Gyna Bivens, to wit:
I move that the Fort Worth City Council adopt the resolution authorizing the use of the power of
eminent domain to acquire 0.0657 acres of land and 0.0822 acres of land for right-of-way easements
from the Huang Dao Vipassana Bhavana Center, Inc., needed for the improvements to East Rosedale
Street. The right-of-way easements to be acquired are described by metes and bounds and depicted by
survey exhibits attached to this Mayor and Council Communication. The tracts of land are located in
Lot 3, Block 19 Murray Hill Addition and Lots 1 and 2, C. S. Devoll's Addition, Tarrant County, Texas,
also known as 4627 and 4701 East Rosedale Street. The land rights will be used for the East Rosedale
Street Improvement Project. The first record vote applies to both parcels to be condemned. The City
Secretary is directed to reflect that the first record vote applies to both parcels.
ORTWO T
Resolution No.4392-12-2014
Seconded by Councilmember Sal Espino, duly put and carried: RESOLUTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
That the City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire
the Property for the public use and inclusion in the Project; and
That the City Attorney be and is hereby authorized and directed to file or cause to be filed, to
spend all reasonable and necessary legal expenses, and to carry through to final judgment proceedings in
eminent domain for the acquisition of the property interests listed above and attached to this Resolution.
Adopted this 9t' day of December, 2014.
a a° °o°o°aa s°yo a a��ATTEST:
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ORT WORT
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No.21
R.O.W. CSJ: 0902-48-453
4627 EAST ROSEDALE STREET
LOT 3,BLOCK 19,MURRAY HILL ADDITION
CITY OF FORT WORTH,TARRANI'COUNTY,TEXAS
EXHIBIT"A'
BEING a 2,862 square foot tract of land situated in the J. Purvis Survey,Abstract No. 1228,City
of Fort Worth,Tarrant County,Texas and being a portion of that certain tract of land as
conveyed to Huong Dao Vipassana Bhavana Center Inc.,by Deed,filed December 7,2011,and
recorded in Document No.D211295566 of the Deed Records of Tarrant County,Texas,being a
portion of Lot 3,Block 19 of Murray Hill Addition,an addition to the City of Fort Worth,Texas,
according to the plat thereof recorded in Volume 63,Page 117 of the Plat Records of Tarrant
County,Texas,and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with yellow cap stamped "A.R.S." set for corner in the east
line of a tract of land conveyed to David Leland George by deed recorded in Volume 9675,Page
645 of the Deed Records of Tarrant County, Texas, in the east line of Lot 2, Block 19 of said
Murray Hill Addition, in the west line of said Huong Dao Vipassana Bhavana Center Inc. tract,
in the west line of said Lot 3 and in the proposed north right-of-way line of East Rosedale Street;
THENCE North 89°34'43" East, along said proposed north right-of-way line of East Rosedale
Street, for a distance of 146.90 feet to a 5/8-inch iron rod with yellow cap stamped "A.R.S." set
for corner marking the intersection of the proposed west right-of-way line of Edgewood Terrace
and the proposed north right-of-way line of East Rosedale Street;
THENCE North 44 034'24" East, along the proposed west right-of-way line of Edgewood
Terrace, for a distance of 21.21 feet to a 5/8-inch iron rod with yellow cap stamped "A.R.S." set
for corner in the east line of said Lot 3 and in the east line of said Huong Dao Vipassana
Bhavana Center Inc. tract and marking the intersection of the existing west right-of-way line of
Edgewood Terrace (called 30 foot right-of-way) and the proposed west right-of-way line of
Edgewood Terrace;
THENCE South 00°25'56"East,along the existing west right-of-way line of Edgewood Terrace,
the east line of said Lot 3 and the east line of said Huong Dao Vipassana Bhavana Center Inc.
tract, for a distance of 32.46 feet to a point for corner marking the intersection of the existing
west right-of-way line of Edgewood Terrace and the existing north right-of-way line of East
Rosedale Street and the southeast corner of said Huong Dao Vipassana Bhavana Center Inc.
tract;
THENCE South 89°54'44" West, along the existing north right-of-way line of East Rosedale
Street and the south line of said Huong Dao Vipassana Bhavana Center Inc.tract, for a distance
of 161.80 feet to a 1/2-inch iron rod found in the east line of said Lot 2 and in the west line of
said Lot 3 and marking the southwest corner of said Huong Dao Vipassana Bhavana Center Inc.
tract;
Page 1 of 2
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 21
R.O.W. CSJ: 0902-48-453
4627 EAST ROSEDALE STREET
LOT 3,BLOCK 19,MURRAY HILL ADDITION
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
EXHIBIT"A"
WHENCE North 00°46'56" West, along the east line of said Lot 2, the east line of said George
tract, the west line of said Lot 3 and the west line of said Huong Dao Vipassana Bhavana Center
Inc. tract, for a distance of 16.52 feet to the POINT OF BEGINNING and containing 2,862
square feet or 0.0657 acres of land,more or less.
Basis of Bearings is Texas State Plane Coordinate System,NAD 83(2011), North Central Zone
(4202).
Note:A plat of even survey date herewith accompanies this description.
I,Michael Cuzzo,a Registered Professional Land Surveyor, in the State of Texas, Hereby certify
that the land description and plat represent an actual survey made on the ground under my
supervision.
Michael CuzS,R.P.L.S. 05/12/14 ; � - Fo• J,
Texas Registration No. 5693 •• IJ C••'A"•• ;; ••'
ti91CHEL v. ZL0
ARS Engineers,Inc. !D69,51
12801 N. Central Expressway
o ciJ�.
Suite 1250 su
Dallas,Texas 75243
Ph.214-739-3152
Page 2 of 2
Exhibit "B"
Page 1 of 7 LINE BEARING DISTANCE
x L7 N 8934'43'E 148.90'
J. P U R VI S SURVEY �S 5 25:W E ,2:46;
ABSTRACT NO. 1228 L4 rsioaafi'6°w ',s'sz
A-I�ZB C1 TY OF N
W
Lot 3, Block 19 FORT WORTH
Murray Hill Addition I
P.O.B. V. 63, P. 117 UI
21 P.R.T C.T. QI
crI
Doc V1 OSSano Lot 1
HUOn 9 GRpPHiC SC P I.LII.� C.S. Devoli's Addition ALE
EAST ROSEDALE STREET Bhovano Center, Inc. p V. 388, P.51 O' 12.0' 2W so'
Instr. No. D211295566 c)1 P.R.T.C.T.
Lot 2, Block 19 SET AD O
UIo Murray Hill Addition STA. 43+78.61 12-07-2011 OIWD
V 63, P. 117 OFFSET 50.00'lL1 D.R.T.C.T. ? Nuong Doo Vipassana Bhavana Center, Inc.
O W N 6952117.534
qy o�rn P.R. E= 2357944.707 �i� Instr. No_ D211295566
a p 12-07-2011
P.Q.B. W 1
1 Q.R.T,C.T.
ROW Take SET AD SETA
STA. 43+3+
93.80
a rn�Q V. 1285, P. 237 STA. 42+31.91 OFFSET ((L)
OFFSET 65.00' L) ROW Take
50.00'
a 03/24/1936 N 6952116.459 N = 6952132.649
O F D. .T.C.T. .
R T C T E= 2351797273 E= 2357958.994 V 1251, P. 240
C? 0512311935
O L1 ROW PROP. I
� .... D.R.T.c.T.
,... K 1 f d E
......::_:. --.. P " nal n x. Row
_.Fx_.BQVY—___—_-- �Jr�—____L.4_— Ex. ROW— L----
EAST ROSEDALE STREET I
(called VARIABLE ROW) 2,862 SQ.FT.
42+00 43+QO 44+00 45+00 46+00
ROW Take
V. 1285, P. 237
FxISRTIG RDADWAY INTERNAL 3/24/1 936
BOJNOARY UNE
EATSnnG R.G W LM A PLAT OF A SURVEY OF D.R.T.C.T. nn� �-�PROPOSED R.O.W.LINE PARCEL 21 '•.:l'nvo�ERTr LwF FOR EAST ROSEDALE STREET Fa 9�%Rwy UBe _ RIGHT OF WAY CSJ 0902-48-453 ZZO 0 0 5/8'IR04 ROO SET MIN YELLOW PLASRC CAP STAMPED'A.RS-SET A 2,862 SQ.FT. 0.0657 AC.7 ..Y...AD-CAPPED IRON ROD SET TRACT OF LAND IN THE J �e P.oc.PowT or coMMENewe J. PURVIS SURVEY y'•.ESS '�q
p.o.a.PaNT OF RE-G ABSTRACT NUMBER 1228
BASLS OF BEARINGS f5 TaGS STATE PLANE CGORWNATE SYSTEMS AOiDB3,
CITY OF FORT WORTH
Norm CENTRAL z (IZOZ) TARRANT COUNTY, TEXAS
ALL DISTANCES AND COORDWATES SNOAN ARE SRFACE AND MAY BE MAY 12, 2014
CONL'ITED TO ORN BT DY.MC BY TADOT OCMeWD SCALE FACTOR OF
�BLEMEC CLIZtD,R, .K.9897 0.9/12/14
7.00072
Lot: 21 , Block: S, Type: LOT
PNT# Bearing Distance Northing Easting Station Offset
1078 6952116. 459 2351797 .213 4231 . 91 -50.00
N 89 034 '43" E 146. 90
1086 6952117 . 539 2351944 . 107 4378 . 81 -50.00
N 44 034 '24" E 21.21
1087 6952132. 649 2351958. 994 4393. 80 -65.00
S 00 025 '56" E 32.46
1088 6952100. 192 2351959.238 4393. 81 -32. 54
S 89 054 ' 44" W 161 . 80
1089 6952099. 945 2351797 .439 4232. 01 -33.48
N 00 046'56" W 16. 52
1078 6952116. 459 2351797 .213 4231. 91 -50.00
Closure Error Distance> 0.0000
Total Distance> 378.88
Area: 2862 Sq. Feet, 0.0657 Acres
Page 40 of 107
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No.22
R.O.W. CSJ: 0902-48-453
4701 EAST ROSEDALE STREET
LOTS 1 &2, C. S. DEVOLL'S ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT"A"
BEING a 3,581 square foot tract of land situated in the P.H.Ahler Survey,Abstract No. 33, City
of Fort Worth,Tarrant County, Texas and being a portion of that certain tract of land as
conveyed to Huong Dao Vipassana Bhavana Center Inc., by Deed, filed December 7,2011, and
recorded in Document No. D211295566 of the Deed Records of Tarrant County, Texas, being a
portion of Lot I and Lot 2 of C. S. Devoll's Addition,an addition to the City of Fort Worth,
Texas,according to the plat thereof recorded in Volume 388,Page 51 of the Plat Records of
Tarrant County,Texas,and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with yellow cap stamped "A.R.S." set for cornerin the west
line of said Lot 1 and in the west line of said Huong Dao Vipassana Bhavana Center Inc. tract
and marking the intersection of the existing east right-of-way line of Edgewood Terrace (called
30 foot right-of-way)and the proposed west right-of-way line of Edgewood Terrace;
THENCE South 45°23'47" East, along the proposed east right-of-way line of Edgewood
Terrace, for a distance of 21.20 feet to a 5/8-inch iron rod with yellow cap stamped"A.R.S." set
for corner marking the intersection of the proposed east right-of-way line of Edgewood Terrace
and the proposed north right-of-way line of East Rosedale Street;
THENCE North 89°34'43" East, along said proposed north right-of-way line of East Rosedale
Street, for a distance of 329.50 feet to a 5/8-inch iron rod with yellow cap stamped "A.R.S." set
for corner in the west line of a tract of land conveyed to XTO Energy by deed recorded in
Document No. D208141319 of the Deed Records of Tarrant County, Texas, in the east line of
said Lot 2 and in the east line of said Huong Dao Vipassana Bhavana Center Inc.tract;
THENCE South 00°07'35" West, along the west line of said XTO Energy tract, the east line of
said Lot 2 and the east Line of said Huong Dao Vipassana Bhavana Center Inc. tract, for a
distance of 10.03 feet to a 5/8-inch iron rod found for corner in the existing north right-of-way
line of SPUR 303 and marking the southwest corner of said XTO Energy tract and the southeast
corner of said Huong Dao Vipassana Bhavana Center Inc.tract;
THENCE South 89°34'01" West, along the existing north right-of-way line of East Rosedale
Street and the south line of said Huong Dao Vipassana Bhavana Center Inc. tract, for a distance
of 344.41 feet to a PK Nail found for corner in the west line of said Lot 1 and marking the
intersection of the existing east right-of-way line of Edgewood Terrace and the existing north
right-of-way line of East Rosedale Street and the southwest corner of said Huong Dao Vipassana
Bhavana Center Inc. tract;
THENCE North 00'22'17"West, along the existing east right-of-way line of Edgewood Terrace,
the west line of said Lot 1 and the west line of said Huong Dao Vipassana Bhavana Center Inc.
Page I of 2
EAST ROSEDALE STREET IMPROVEMENTS
PARCEL No. 22
R.O.W. CSJ: 0902-48-453
4701 EAST ROSEDALE STREET
LOTS 1 &2, C. S. DEVOLL'S ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
EXHIBIT"A"
tract, for a distance of 25.10 feet to the POINT OF BEGINNING and containing 3,581 square
feet or 0.0822 acres of land,more or less.
Basis of Bearings is Texas State Plane Coordinate System, NAD 83(2011), North Central Zone
(4202).
Note: A plat of even survey date herewith accompanies this description.
1, Dustin Davison„a Registered Professional Land Surveyor, in the State of Texas,Hereby certify
that the land description and plat represent an actual survey made on the ground under my
supervision.
-� OF TF
Dustin Davison,R..P.L.S. 10/13/14 :•� `n
Texas Registration No. 6451 DUSTIN D. DAVISON
........... .�:.
6451 � �
ARS Engineers,Inc, � DFSS 1.°• �o
12801 N.Central Expressway S U R�
Suite 1250
Dallas,Texas 75243
Ph. 214-739-3152
Page 2 of 2
Exhibit "6"
Page I of i LINE I BEARING i DISTANCE
U
P. H. AHLER SURVEY �2 N 9'3443°E 2950'
ABSTRACT N O. 33 �4 5 89 3:05 W 344G41
R Lot 3, Block 19 rs N 00!22'17'W 25.10 N
2#1 A-33 Murray Hill Addition C�TY ��
o V. 63, P. 117 FORT WORTH
W P.R.T.C.T.
Huang Doc Vipasscna
8havana Center, Inc.
tnstr. No. D217295566 ORAPwc SCALE
12-07-2011 10' 12.5' 25' W.
D.R.T.C.T.
EAST ROSEDALE STREET
Huong Duo Vipossono 8havana Center, Inc.
Instr. No. D211295566 ----41
w I Lot 1 12-07-2011
U B C.S. Devon s Addition D.R-T C.T.
Q I V. 388, P.51
SET
AD- P.R.T.C.T. SET AD-- i r-----------
STA. 44+27.70 STA. 47+/2.-,9
{_ 30 OFFSET 65.00'(L)SET AD•* Lot 2 OFFSET 50.00'(L X40!Energy Inc.
N = 6951992.88688 N 6952120.43 Instr! Np. D208141319
E = 2351992.888 STA. 44+42.69 C.S. Devotl's Addition
OFFSET 50.00 L) E = 2352337.476 }1409-2008
N - 6952118.0 V. 388, P.51 !
O o E = 2352007.984 P.R.T.c.T. i d.R.T.C.T.
�1 -
o L2 PROP ROW
W ! a,
.._.
W L4 5/8" irf Ex. ROW
Ex. ROW � PK Waif {nd. Ex. ROW
--- L----------------------
EAST ROSEDALE STREET 3,581 SQ.FT
(c.tt.d VARIABLE ROY!} i !
44+00L 45+00 46+00 47+Oq j 48-1'00
ROW Take
_ V.'1251;-P. 24
EJ65AIa ROAaxuY INTERNAL ——_ 05/23/1935
eaTmoaRr uNE
ElPSiWO Raw UNE A PLAT OF A SURVEY OF D.R.TC.T. .tE.OF. TF.
PROPaSED R.aw LNE PARCEL 22 �Q-,�G�STC4-.a9
PRCpm"— FOR EAST ROSEDALE STREET _
SW KT lA'E RIGHT OF WAY CSJ 0902-48-453 � ...s
"— — DUSTIN D DAMSON
0 .VW—Raa SET I YELLOW—SRC CAP STAW.-A.RS.°SET A 3,581 SQ.FT. [0.0822 AC.)
AO-CAPPED"Rao SET TRACT OF LAND IN THE '-h 6451 P'4
Rae.mm,of COMMENCroc P. H. AHLER SURVEY 9ij:0FfSS��?-��
P.O.R..P rOFBECWNINC ABSTRACT NUMBER 33 SUR`tF'
CITY OF FORT WORTH
SAMS OF REARINCS!S TEXAS STATE PLANE COORNNATE SYSTEM.NA063.
AORrN uNmAL zONE t4202) TARRANT COUNTY, TEXAS
A OTS'TANLEN AMO COOFAMATES SNOW ARE SURFACE AM MAY K OCTOBER 13, 2014
calmRiEO r0 rai0 BY pmrxNC BY ra00i COMRfNEp SCALE FACTOR of DUSFM!DAWSCN.RP.LS N.6451 10113/14
MAYOR AND COUNCIL COMMUNICATION MAP
20ROWE-6850-VI PASSANA-21-22-CON DEM N
Copyright 2014 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.M V r ?��
This product is for informational purposes and may not have been reared for or be suitable for legal,en meerin or surveying
P P P y prepared g g 9,
purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 �— -r •-..._. .._--.,_
The City of Fort Worth assumes no responsibility for the accuracy of said data.",,CK,�,,.
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DOE#6850,PROJECT#01895
DETAIL OF PROJECT LOCATION C.S.DEVOLL'S,MURRAY HILL ADDITIOI
PARCEL 21,22
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2014 - Resolution No. 4392-12-2014
DATE: Tuesday, December 09, 2014 REFERENCE NO.: L-15742
LOG NAME: 20ROWE-6850-VIPASSANA-21-22-CONDEMN
SUBJECT:
Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0657 Acres and 0.0822
Acres for Right-of-Way Easements Totaling 0.1479 Acres from Land Owned by the Huong Dao Vipassana
Bhavana Center Inc., Located at 4627 and 4701 East Rosedale Street to be Used as Right-of-Way for the
East Rosedale Street, Miller Avenue to Stalcup Road Improvement Project (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Declare the necessity to acquire the right-of-way easements for the East Rosedale Street, Miller
Avenue to Stalcup Road project;
2. Declare that negotiations between the City and the landowner to acquire right-of-way easements on a
total of 0.1479 acres of land for road improvements on property owned by the Huong Dao Vipassana
Bhavana Center Inc., and located at 4627 and 4701 East Rosedale Street, Fort Worth, Texas, were
unsuccessful due to the inability to agree on compensation for the needed property interests;
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the
property for the public use and inclusion in the East Rosedale Street, Miller Avenue to Stalcup Road
project;
4. Authorize the City Attorney to institute condemnation proceedings to acquire the described right-of-way
easements from the properties;
5. Authorize payment pursuant to an award of commissioners or a negotiated settlement; and
6. Authorize the City Manager or his designee to accept and record appropriate instruments.
DISCUSSION:
The land rights in the subject properties are needed in order to construct the necessary improvements
which include widening the right-of-way, adding medians, sidewalks and other pedestrian amenities to
reconstruct East Rosedale Street from Miller Avenue to Stalcup Road. The improvements will be needed
to reconstruct East Rosedale Street from Miller Avenue to Stalcup Road.
An independent appraisal established fair market value for the taking and improvements as
$47,350.00. Upon approval, a Special Commissioners` hearing will be brought to condemn and acquire
the right-of-way easements from the properties. The mineral estate will not be acquired. The judgment will
contain a surface waiver for the exploration of the mineral estate. Upon City Council approval, Staff will
proceed with acquiring the needed right-of-way easements from the properties as shown below. Funds
Logname: 20ROWE-6850-VIPASSANA-21-22-CONDEMN Page 1 of 2
are available in the 2004 Bond Program of the Street Improvements Fund.
Parcel Address Legal Description Type of Taking/Acres
No.
21 4627 East Rosedale Lot 3, Block 19 Murray Hill Right-of-Way
Street Addition Easement/0.0657
22 4701 East Rosedale Lots 1 and 2 C S Devoll's Right-of-Way
Street Addition Easement/0.0822
Total /0.1479
To approve this Mayor and Council Communication, the Council Member making a motion to authorize
condemnation by eminent domain should say:
I move that the Fort Worth City Council adopt the resolution authorizing the use of the power of eminent
domain to acquire 0.0657 acres of land and 0.0822 acres of land for right-of-way easements from the
Huong Dao Vipassana Bhavana Center, Inc., needed for the improvements to East Rosedale Street. The
right-of-way easements to be acquired are described by metes and bounds and depicted by survey
exhibits attached to this Mayor and Council Communication. The tracts of land are located in Lot 3, Block
19 Murray Hill Addition and Lots 1 and 2, C. S. Devoll's Addition, Tarrant County, Texas, also known as
4627 and 4701 East Rosedale Street. The land rights will be used for the East Rosedale Street
Improvement Project. The first record vote applies to both parcels to be condemned. The City Secretary
is directed to reflect that the first record vote applies to both parcels.
This property is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and Award of Commissioners, funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 541100 202530189541 $0.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Lexington Wright (6645)
Logname: 20ROWE-6850-VIPASSANA-21-22-CONDEMN Page 2 of 2