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R-2018-5174 - 2/8/2018 RESOLUTION NO. R-2018-5174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY AND AUTHORIZING THE CITY'S ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY INTERESTS WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City of Round Rock, Texas ("City"), the State of Texas, acting by and through the Texas Transportation Commission and Texas Department of Transportation ("TxDoT"), and the public-at-large to construct certain roadway improvements to RM 620, and to perform associated public uses and purposes ("Project"); and WHEREAS, in accordance with the above, the City Council hereby finds that public necessity requires the acquisition of fee simple title to approximately 0.035 acre (Parcel 26) of land, and public utility easement interest in and across approximately 0.102 acre (Parcel 26PUE) of land, located in Williamson County, Texas and more particularly described by metes and bounds in Exhibits "A" and "B" attached hereto, such property being owned by REGENCY CENTERS, LP., a Delaware corporation (the "Property"), for the public use of construction, reconstruction, widening, maintaining, and operating of the RM 620 roadway improvements and related facilities and utility adjustments and relocation ("Project"), excluding all the oil, gas, and sulphur which can be removed from beneath said real property, without any right whatever remaining to the owner of such oil, gas, and sulphur of ingress to or egress from the surface of said real property for the purpose of exploring, developing, or mining of the same, as apart of the improvements to the Project, at such locations as are necessary and that such constructing, reconstructing, maintaining, and operating shall extend across and upon, and will cross, run through, and be upon the herein described real Property; WHEREAS, it is necessary to establish procedures for determining and approving just compensation, and completing acquisition of the Property for this Project. 0112.1804;00394102 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to coordinate with TxDoT to construct and maintain roadway improvements in the City and to acquire property interests to assist with such purposes in and to the above described lands, free and clear of any liens and encumbrances, in order to allow the City, TxDoT, and/or its assigns to complete said Project. Section 2. The City Attorney, or his designated agent, has on behalf of the City attempted or shall attempt to negotiate, settle and agree on compensation to be paid to the owners of any interest in the Property, and has made official, written, bona fide offers to the owners for the market value of said Property or property interest. If it is determined that an agreement as to the value of said Property, damages and/or compensation to be paid cannot be reached, then the City Attorney or his designated agent is hereby authorized to file or cause to be filed, against the owners and holders of other related interest in the Property, proceedings using the City's power of eminent domain to acquire the stated interest in and to the above described lands, in order to allow the City, TxDoT and/or their assigns to complete said Project, and to perform and undertake all other proceedings necessary to complete the acquisition of the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property interests required to complete the construction and maintenance of the Project and associated public purposes. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. 2 Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2018. CRAI MO N, Mayor City f Rou Rock, Texas ATTEST: V e^ 0 SARA WHITE, City Clerk 3 Reissued 06/05/17 Page 1o[5 EXH|B|TA County: Williamson Highway: R. M. 620 Limits: DeepwoodDr, to |H35 CSJ: 0683-01'092 ' PROPERTY DESCRIPTION FOR PARCEL28 ' DESCRIPTION [>FAO.D35ACRE (1.543SQUARE FOOT) PARCEL OFLAND SITUATED |NTHE J.K4. HARR�LLSURVEY, ABSTRACT NO. 284, |NVV|LL|AK0G0NCOUNTY, TEXAS, BEING APORTION OF LOT 3, OF THE MARKET AT ROUND ROCK SUBDIVISION RECORDED IN CABINET H, SLIDES 187- 188 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO REGENCY OENTER8, LP BY INSTRUMENT RECORDED IN DOCUMENT NO. 0920380 OF THE OFFICIAL RECORDS OFVV[LL|M8ONCOUNTY, TEXAS, SAID 0.U35ACRE (1'543SQUARE FOOT) PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BYMETES AND BOUNDS AGFOLLOWS: BEGINNING FOR REFERENCE at y" iron rod found with plastic cap, 108.74 feet right ofproposed Ranch to K4mrket (R.Nl.) 820 baseline station 500+93.00. being the easterly right-of-way (ROW) line of Union Pacific Rail Road (100' ROW width). being the most aou(hody corner ofa tract of land who's ownership is undetermined, sarne being the most northwesterly corner of said Lot 3; THENCE with the common boundary line of said undetermined tract and Lot 3, S 02"43'46" E for o d|aionca of 193.72 feet to 1/2' iron rod with TxOOTo|unninum cap ooL 61.05 feet right ofproposed R.M. 62Obaseline station 502+8O.76. being the proposed Southerly ROW line ofR.N1. 02O (ROW width vories). for the most southwesterly corner and POINT OF BEGINNING of the herein described parcel; 1) THENCE departing said proposed southerly ROW Une. continuing with said common boundary |ina. S 82043'46" G for distance of 13.00 feet to o |6" iron nod hzund, for point of curvature in iho existing southerly ROW line of R.M. 620 (80` ROW vvidth), being the most easterly corner of said undetermined ownership tract, for the most northwesterly corner ofthe herein described parcel; THENCE with said existing southerly ROW line ofR.N1. 020' same being the northerly boundary line of said Lot 3, the following three(3)courses: 2) Along a Curve to the left, having a delta angle of 08"03'58", e radius of 517.46 feet, an arc length of 72.85 foet, and e chord which bears S 80058'44" E fora distance of 72.79 faaL to e PK no|| � found for apoint oftangency; 3) 8 70031148" Efor adistance of121.88feet toocalculated point ofouma\uny to the left; 4) Along said oume to the left, having o da|be angle of 01'45'09", o nedioo of 1'948.86 feet, on arc length of 59.64 feet, and a chord which bears S 71025'65" E fore distance of 59.64 feet to o H2" iron rod hOund, being the most northwesterly corner of Lot 1 of McDonald's Addition subdivision naoonJed in Cabinet X. Slides 51'52 of the Plat Records of Williamson Counh/. Toxeo and conveyed to &4uDona|da Corporation by instrument recorded in Vo|umo 1759. Page 84 of the Official Records of Williamson County, Texas, eomV being the northeasterly corner ofsaid Lot 3, and the most northeasterly corner ofthe herein described parcel; Reissued 06/05/17 Parcel 26 Page 2of5 5) THENCE departing the existing southerly ROW line of R.M. 620, with the common boundary line of said Lot 1 and Lot 3, S 0S"02'12,'W for o distance of 14.27 h*sd to o Y2' iron rod with TxDOT o|um|nurn cap set, 68.00 feet right of proposed R.M. 620 baseline station 505+49.55. being said proposed cum|ng aouthedy R0VV line of R.M. 620, for the moot aoutheoabar|y corner o[the herein described parcel; THENCE departing the westerly boundary line of said Loi 1, with said proposed southerly ROW ||nm of R.M. 620. through the interior ofsaid Lo(3, the following five(5)ooumoo: O) Along o curve to the r|ght, having m delta angle of 00008'21"1 o radius of2,278.DO fuet, on aro |on0(h of 5.53 f$gt, and o chord which bears N 09"53^05" VVfor a distance of 5.53 feet to a Y2" ' iron rod with TxDOTo|unninum cap set (to be nmp|000d by TxDOT Type 11 monument). 68.00 feet right of proposed R.M. 620 baseline station 505+44.19. for o point of curvature to the right; 7) Along said curve to the r/ght, having o delta angle of 11035150". e radius of 2,15.00 hset, an arc length of 43.52 feat and e chord which bears N 84"01'O0" VV for a distance of 43.44 foot to a Y2" ' iron rod with TxOOTa|um|nu/n oap set(to be replaced byTxD(]TType || monument). 64.02 faai right of proposed R.M, 620 baseline station 505+02.18, for a point of non-tangency; 8) N 88"28135"VVfor a d/atenuu of 149.82 feet to a Y&" iron rod with TzDOTa|urninum cap set(to be replaced byTxOOTType || monument). 04.00 feet right ofproposed R.M. 020 baseline station 503+52.64' fora point ufcurvature to the right; ! / 8) Along said curve to the righ\, having a delta angle of 03"43'18", a nadiva of 813.00 faet, an an: ' / length of 52.92 hset, and o chord vvh|oh bears N 88"3858" VVfor o distance of 52.91 feet toe %2" ) iron rod with TxDOTaluminum cap set(to be nap|ooed byTxOOTType || monument). 62,28 feet / right ofproposed RyW O2Obaaa|inaebaUon5O2+SB78 for / ' ' ' ' ' i 10) N64"45'22"VVfor odistance of18.O3feet bothe POINT OPBEGINNING, containing 0.O35 acres (1.543 square feet) of/and, more or less. � This property description ioaccompanied byaseparate parcel plat. All bearings recited herein are based cm the Texas State Plane Coordinate System, Central Zone No. | 42OD. NAD 8D. ' THE STATE OFTEXAS § � § KNOW ALL MEN BYTHESE PRESENTS: COUNTY OFVV(LL|AM8ON § | ' That |. M. Stephen Trueado/e. a Registered Professional Land Surveyor, do hereby certify above ' ' | description is true and correct N the best of my knowledge and belief and that the property doandbod | herein was determined by a Survey made on the ground under my direction and supervision, VV|TN288 K4 | - /w. om^y//e'/ /mosuu/a ' uooa Registered Professional Land Surveyor No. 4833 Licensed State Land Guwayor � � Inland 8eodeUosLLC ' � F|nn Registration No: 100591-00 i 1504 Chisholm Trail Road, Suite 103 | EXHIBIT MPAN TY p AWCEIL DESCRJPTION PLAT TO ACCO. Retssuea 06/05/i7 PAGE 3 0-- 5li NUMBER D I RECT I ON D I S T A N C I-- 4 5 LI S82°43' E 13,00, 2 S05*02' 12"W 14. 27' ....... L3 N64-45'22"W !;9.03' 0 25 50' ;05-00 502.00 S68-28'35-E 883.3-l' PROPOSED R.M. 620 BASELINE 50:5-,00 504-00 In 501+00 mTEYAS Z S,A7 h, 3; R. M. 620 p (80' R.O.W. WIDTH) STA 502-99.76 62.i8' RT C-2 OWNIERSH I P 2 LINDEFERV I NED S70 0 C5 149.82' 0, V N680: P.0. R. PARCEL 26 r—S-�A. 500+93.00 A5 STA. 503-52-64 STA505-02.17 -ST X.­ 505-4,4+­ 6 108.74' RT 64.00' RT 4-02+' RT ? P.O. S. R� to STA. 505+401.5 u- -,':-. PARCEL 26 V STA. 502.80.8 PROPOSED 2 ro 8 00' ^R- CEASEM ENT 2 P. 61.05' RT 0 0.6-35 AC. 'k LO� I LOT 3 1,543 SO. FT.' REGENCY CENTERS. LPI. DOC. NO. 9920260 CD&KAI: D'S ADDITION (5. 174 AC. ) X, 'SL, 5:-52 O.R.W.C.T. P.R,W.C.T. S ze 07 4 4 Z OF 37 FINAL PLA 7. v�l/ MARKET AT ROUND ROC ­S CAB. H. SL. 157-188 MCDONAL.� CORPORATION P.R.W.C.T. VCL. 17519. FIG. 64 0 ✓ -0 NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING O.R. W.C.T. hyo 72. 85' 72. 79' Z Cl 1 0,80 03'58' .5 17.46 S65'50-'44"E 0 'n (CI ) (08*05'45") (517. 46' ) (73. 12' ') (73. 06' 14 (Sn'4042' 36" < E •0 C2 01'45'09" 1949. 86' 59.64' 59.64' S71-25'55"E (C2) (000,68'09") 1949. 86')l (27. 3l ' ) (27. 311 ) (S70- 39'44-E) LOT 2 FINAL PLAT OF '3'05"Wl 5. 53' N690 MARKET AT ROUND ROCK C3 00-08'21 " 2278.00' 5.53' Z H. 4 1 35'50" 215. 00' 43. 52' 43.44' 1\16400`00"W CA— SL. 187-1 ss R. C.T. C 5 03043' 13" 815-00' 52-92' 52-91 ' N660 36'558 IN A N D u PARCEL PLAT SHOWING PROPERTY OF I N L mm+ GEODETICSArT--xcs Departmonf of Transpor:aflan ROFIESSIONAL LAND SURVEYORS REGENCY CENTERS* LP 1504 CHISHOLM TRAIL RD.STE_103 ROUND ROCK,TX 78681 SCALE cs PROJECT COUNTY i PARCEL 26 IR FF.(512)238-1200,FAX(512)238-1251 ow 50' 068-3-01-092 RM 620 WILLIAMSON S.VvHALFF\RVI 620\PARrlELS\PARCEL 26-REGENCY CENTERS\PARCEL 26-REGENCY-060517-REV.dgn /k EXHIB[T PLAT ACCOMPANY PARCIM DFWPUTSON ReTSSueo 06/05/17 PAGE 5 OF 5 AN EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY, BY !NSTRUMENT FILED UNDER VOLUME 1286. PAGE 143, OFF THE DEED RECORDS OFF WILLIAMSON COUNTY. TEXAS. FROM ITS DESCRIPTION CANNOT BE LOCATED. J. A PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF ROUND ROCK BY INSTRUMENT FILED UNDER VOLUME 1347, PAGE 625, OF THE OFFICIAL RECORD'S OF WILLIAMSON COUNTY. TEXAS. AFFECTS AS SHOWN. K. A PUBLIC UTILITY EASEMENT GRANTED TO THE CITY Or ROUND ROCK BY INSTRUMENT FILED UNDER VOLUME 1500, PAGE 353, OF THE OFFICIAL RECOR-- S OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. L & M. TERMS. CONDITIONS. STIPULATIONS AND EASEMENTS CONTAINED IN A RECIPROCAL DRIVEWAY EASEMENTS, PARKING EASEMENT AND MAINTENANCE AGREEMENT RATIFICATION OF ACCESS EASEMENT. FILED UNDER VOLUME 1546, PAGE 321, & VOLUME 1546. PAGE 337. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS. CROW DRIVEWAY EASEMENT GRANT. AFFECTS AS SHOWN, CULLUM DRIVEWAY EASEMENT GRANT, OSA DRIVEWAY EASEIVEN- GRANT, AND CROW PARKING EASEMENT GRANT. DO NOT AFFECT. N. EASEMENTS CONTAINED IN THE GENERAL WARRANTY DEED REOCRDED IN VOLUME 1647, PAGE 426. OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 1 HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AS OF 10 MARCH 2014. THE SURVEY DEPICTED HEREON IS REVISED TO CLARIFY % RECIPROCAL DRIVEWAY EASEMENT PER TITLE COMMITMENT ISSUED 19 200 FILGl: 6-280186-GT-r- 5, W. STEPHtN TRUESDAI DATE: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 4. s'l ARE FEE LICENSED STATE LAND SURVEYOR INLAND GEODETICS. LLC ACQUISITION 0.035 1 i,543 FIRM REGISTRATION NO. 1 0059 1-00 ole 1504 CHISHOLM TRAIL ROAD. SUITE 103 CALC/DE-cD AREA 5. 17A 225,386 ROUND ROCK, TX 78681 REMA I NDER AREA c,. 139 E 223.843 I N L A N D u ak PARCEL PLAT SHOWING PROPERTY OF J GEODETI CSj REGENCY CENTERS, LP ffTexas Depsem-en:of T,-ansper=lcn PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.STE 103 ROUND ROCK,TX.78681 SCALE CSJ x PROJECT COUNTY IP A R("" L 2 6 I I" = ' PH,(5 12)238-1200,FAX(5 12)238-112S LPJ 50 0683-01-092 RM 620 WILLIAMSON E S.-\*HALFF\RM 620\?ARCELS\PA.RCEL 26-REGENCY CENTERS\JPARCEL 26-REGENCY-060517-REV.0g n Reissued 06/05/17 Page 1 of 5 EXHIBIT CoUnty: Williamson Parcel : 26-E Highway: R. M. 620 PROPERTY DESCRIPTION FOR PARCEL 26-E DESCRIPTION OF A 0.102 ACRE (4,450 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 3, OF THE FINAL PLAT OF THE MARKET AT ROUND ROCK SUBDIVISION RECORDED IN CABINET H, SLIDES 187-188 OF THE PLAT RECORDS OF WILLIAMSON COUNTY TEXAS AND CONVEYED TO REGENCY CENTERS, LP BY INSTRUMENT RECORDED IN DOCUMENT NO. 9920260 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.102 ACRE (4,450 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Y2" iron rod with TxDOT aluminum cap set, 61.05 feet right of proposed R.M. 620 baseline station 502+80.76, being the southerly boundary line of an ownership undetermined tract, same being the northerly boundary line of said Lot 3, also being the proposed southerly ROW line of R.M. 620 (ROW width varies), for the northwesterly corner and POINT OF BEGINNING of the herein described tract and from which a i/" iron rod found being the most easterly corner of said ownership undetermined tract, same being the northwesterly corner of said Lot 3 bears S 82°43'45" E at a distance of 13.00 feet; THENCE, departing said ownership undetermined tract, with the proposed southerly ROW line, through the interior of said Lot 3, the following five(5)courses: 1) S 64°45122" E for a distance of 19.03 feet to a '/2" iron rod with TxDOT aluminum cap set (to be replaced by TxDOT Type II monument), 62.28 feet right of proposed R.M. 620 baseline station 502+99.76, for a point of curvature to the left; 2) Along said curve to the left, having a delta angle of 03043'13", a radius of 815.00 feet, an arc length of 52.92 feet, and a chord which bears S 66036'58" E for a distance of 52.91 feet to a %" iron rod with TxDOT aluminum cap set (to be replaced by TxDOT Type If monument), 64.00 feet right of proposed R.M. 620 baseline station 503+52.64, for a point of tangency; 3) S 68028135" E for a distance of 149.82 feet to a V/" iron rod with TxDOT aluminum cap set (to be replaced by TxDOT Type 11 monument), 64.02 feet right of proposed R.M. 620 baseline station 505+02.18, for a point of curvature to the left; 4) Along said curve to the left, having a delta angle of 11"35150", a radius of 216.00 feet, an arc length of 43.62 feet, and a chord which bears S 64001'00" E for a distance of 43.44 feet to a Y2" iron rod with TxDOT aluminum cap set (to be replaced by TxDOT Type II monument), 68.00 feet right of proposed R.M. 620 baseline station 505+44.19, for a point of compound curvature; 5) Along a curve to the left, having a delta angle of 00008'21", a radius of 2,278.00 feet, an arc length of 5.53 feet, and a chord which bears S 69053'05" E for a distance of 5.53 feet to a Y2" iron rod with TxDOT aluminum cap set, 68.00 feet right of proposed R.M. 620 baseline station 505+49.55, being the westerly boundary line of Lot 1 of McDonald's Addition subdivision according to the plat recorded in Cabinet X, Slides 51-52 of the Plat Records of Williamson County, Texas, same being the easterly boundary line of said Lot 3, for the northeasterly corner of the herein described tract; Reissued 00/ 5/17 Parcel 26-E Page 2of5 8) THENCE, departing said proposed southerly ROW line ofH.&0. 020. with the common boundary line of said Lot 1 and Lot 3, S 05002`12" VV for a distance of 15.53 feet to e calculated poin\, for the Southeasterly corner ofthe herein described tract; THENCE departing the vvaotedy boundary line of said Lo( 1, through the interior of said Lot 3, the following five(5)oouraea: 7) Along o cun/e to the right, having a delta angle of 00014'22''. a radius of 2.293.00 feet, an arc length of 9.59 feet, and o chord vvh|oh bouro N 68058108" VV for a distance of 9.89 feet to a calculated point o[ Compound curvature kzthe right; 8) Along said Curve to the hght, having o delta angle of 11015'23", a radium of 230.00 hagt' an arc length of 45.19 hae(, and a chord vvh|oh bears N 84°11'13" VV for a distance of 45.11 haat to a calculated point oftangency; Q) N 60"28'30"VVfor a distance of 148.60 feet to o calculated point ofcurvature to the right; 10) Along said cunxs to the right, having n delta angle of 03043'13". o radius of 830.00 feet, an oro length of 53.89 feet, and a chord which beam N 88"30'58" VV for a distance of 53.88 feet to u calculated point oftangency; 1 1) N 84"45'22" VK for a distance of 65.27 feet to a co|ou|oLod point, for the most waabar|y corner of the herein described tract and from which a 1/2" iron rod with plastic cap foand, being the easterly right-of-way (ROW) line of Union PeoiOo Rail Rood (100' ROW vv|d(h). being the most southerly corner of said ownership undetermined tnout, same being the most northwesterly corner of said Lot 3 beam G 02"43'45" E at e distance of 145.11 feet; 12) THENCE, with the common boundary line of said ownership undetermined tract and said Lot 3. i S 82043145" E fora distance of40.O1 feet bothe POINT OF BEGINNING, containing 0.102 acres (4.450 square feet) of land, more or less. This property description is accompanied by o separate parcel plat. | All bearings nyc|bad herein are based onthe Texas State Plane Coordinate 0yo(am' Central Zone No. 42O3. NAD 83. ' ! THE STATE OFTEXAS § i § KNOW ALL MEN BY THESE PRESENTS: � COUNTY OFVV|LL|AMGON § ! That[ M. Stephen Tuxsgdoke. a Registered Professional Land Surveyor, do hereby certify that the above ! description is hue and correct to the best of my knowledge and belief and that the property described herein was determined by a Survey made on the ground Linder my direction and Supervision. WITNESS MY, IAN AND SEAL at ROUnd Roc4,Williamson County, Texas. M. °=p'=' ''"=""== ' "a= RegisteredProfessional Land GunxayorNo. 4D33 ^ Licensed State Land Surveyor Inland GeodeUoa. LLG Firm Registration No: 1OO5Q1-OO V/ 1504 Chisholm Trail Road, Suite 103 ~ Round Rock, TX78081 ~�p~ No Text ........................__-__ EXHIBIT B No Text