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HomeMy WebLinkAboutS-0046-GG ApplicationLL 2007097741 Received: 12/28/2007 3:11:01 PM Recorded: 1212812007 03:12:57 PM Filed & Recorded in Official Records of PAT O'BRIEN' PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $85.00 BILL OF ASSURANCE TO THE PROPERTY TO BE KNOWN AS WOODGLEN PARK AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS WHEREAS, Natural Environments, Inc., an Arkansas Corporation, (hereinafter the "Allotter"), is the owner of the following described land lying in the City of Little Rock, County of Pulaski, State of Arkansas, to -wit: That certain tract or parcel of land more fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. And, Whereas, it is desirable that the above -described property be subdivided as reflected upon a plat as herein after described, subject to the protective covenants herein contained. Now, Therefore, the Allotter, for and in consideration of the benefits accruing to it, its successors and assigns , which benefits are acknowledged to be of value, has caused said track of land to be surveyed by White-Daters & Associates, Registered Professional Engineers, and a plat thereof made which is identified as Woodglen Park, an addition to the city of Little Rock, dated _, and by the signature of said engineer and the Allotter, and bearing certificate of approval executed by the Little Rock Planning Commission and was filed contemporaneously herewith in the office of the Circuit Clerk and ex-officio recorder of Pulaski County, Arkansas, as instrument number in Plat Book , page , and does hereby make this Bill of �00%O i d' l `�,,,,,,,,,MR ,,r•• Assurance. �•0 Woodglen Park Bill of Assurance Page 1 ❑ of 1111 . n. Allotter hereby donates and dedicates to the public an easement on, over, and under the streets on said plat to be used as a public street. In addition to said street, there are shown on said plat certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being, without limiting generality to the foregoing, cable TV, electric power, gas, telephone, water and sewer, with the right here by granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress thereto and egress therefrom for the installations, maintenance, repair, and replacement of such utility services as necessary to serve the property within the plat. The filing of this Bill of Assurance and Plat shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set forth. The lands embraced in said plat shall forever be know as Woodglen Park, an addition to the City of Little Rock, and any and every deed of conveyance of any lot in such addition describing the same by the number shown on said plat shall always be deemed a sufficient description thereof. BE IT KNOWN THAT, All of said land as shown on the said Plat and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants, restrictions, conditions and provisions, to -wit: 1. LAND USE AND BUILDING TYPE. The lands herein platted shall be held, owned and used only as residential building sites, and no structures shall be erected, altered, placed or permitted to remain on any of the residential building plats other than a single detached single family dwelling, together with such incidental and related structures as guest houses, garages, servant quarters, or Page 2 of 11 other outbuildings incidental to the residential use of said plots as a distinguished suburban residential area. No commercial activities of any kind shall be permitted to be conducted upon any of the residential building plots shown on the attached plat, with the exception of home based business as expressly approved by the Allotter and the City of Little Rock. 2. MINIMUM PRINCIPAL DWELLING SIZE. The square foot area of the principal residential structure on each building plot shall be not less than 2200 square feet of finished, heated living area, exclusive of porches, patios, carports, garages, breezeways, storage areas or related outbuildings. 3. BUILDING LOCATION. No residence shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded Plat; providing that, the setback requirements may be modified if such modifications are approved by the Allotter and the Little Rock Planning Commission or the Little Rock Board of Adjustment, or such other regulatory agency as may succeed to their function. In order to maintain a greenbelt throughout Woodglen Park Addition, clearing of land will be limited within the following set back lines on the following lots: 143 through144, nearer than fifty (50) feet to the rear lot line 145 throughl50, nearer than eighty (80) feet to the rear lot line 152 through 164, nearer than fifty (50) feet to the rear lot line 151 and 165 through 177, shall include such clearing limits of fifty (50) feet from the lot line that is most suitable to promote the greenbelt. Page 3 of 11 Clearing within the greenbelt shall principally be limited to accepted forest management techniques. Landscaping that improves the greenbelt through plantings or other means may be allowed upon approval by Allotter. 4. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any of the building plots until a building proposal is submitted and approved by. the Allotter. The building proposal shall include all the requirements as reasonably established from time to time by the Allotter, including but not limited to the following: the building plans, specifications, exterior color scheme and plot plan showing the location of such buildings and improvements to adjoining streets and finished ground elevations, and an energy assessment. . Building Proposal Submittal Requirements are attached as Exhibit B and incorporated herein. In the event Allotter fails to approve or dis-approve any such plans, specification, color schemes and plot plan within 30 days after such have been properly submitted for approval, this covenant shall be deemed to have been met by the owner submitting such plan for approval. Nothing contained herein shall in any way be deemed to prevent any owner of property in this addition from enforcing any legal rights which such owner may have as to any proposed improvements in this addition. 5. ENVIRONMENTAL REVIEW. The Allotter desires that the Addition be developed in an environmentally sensitive manner receptive to new innovations in construction, energy conservation and energy generation technology. The Allotter in the exercise of Architectural Control shall give consideration to low maintenance, low energy, and low operation cost. No building proposal shall be approved unless, as determined solely by the Allotter, the building is Page 4 of 11 energy efficient, incorporates active or passive solar water heating, incorporates a photovoltaic array capable of producing a minimum of fifty (50%) percent of the home's annual electric energy usage, incorporates net meeting, meets or exceeds the Energy Star rating and other energy efficiency guidelines as established by the Allotter. Guidelines are attached as Exhibit C and incorporated herein. 6. DELEGATION OF AUTHORITY. Allotter reserves and shall have the right by any instrument in writing to create a Property Owners Committee to be composed of not less than three (3) property owners in this addition and to transfer to such Committee the architectural control herein reserved to the Allotter. The Allotter shall designate the original property owners of this Committee and any vacancy occurring upon such Committee shall be filled by a property owner designated by a majority of the then members of the Committee. 7. BUILDING SITE AREA. No lot shall in any manner be subdivided, split or reduced in size without the prior written and recorded consent of Allotter; but each of said building plots as platted and shown on the attached plat shall be devoted strictly for use as a single whole residential building plot. 8. RESTRICTION ON TEMPORARY BUILDINGS OR VEHICLES. Excluding equipment required in the construction of building improvements, no trailer, mobile homes, recreational vehicle, temporary buildings or structures of any kind may be moved onto or placed on any of the building plots. Permanent storage of boats, boat trailers, house trailers vacation trailers or similar portable items shall not be permitted on any lot without appropriate cover or screening from view. Page 5 of 11 9. RELATED OUTBUILDINGS. None of the related outbuildings incident to the use of any building plot as a residential site other than a guest house and servant quarters, shall at any time be used for human habitation, temporarily or permanently, but all such related outbuildings such as swimming pools, barns, stables and guest houses shall be strictly used only in relation to the principal use of the property for single family residential purposes. 10. CESSPOOL. No leeching cesspool shall ever be constructed, or used, or permitted to remain on any building plot, and all sewer connections and water supply systems constructed for use on said plots shall be maintained at all times in conformity with the then current regulations of the appropriate governmental authorities. 11. EASEMENTS. Easement of way from streets as shown on the recorded plat have been donated and dedicated to the public and persons, firms, or corporations engaged in supplying electric power, gas, telephone, water, sewer and cable tv shall have the right to use and occupy said easements of way and streets from the installation, maintenance, repair, and replacement of such utility services. Other easements for the installation, maintenance, repair, and replacement of utilities services and drainage have been reserved, said easements being of various widths, reference being made to the recorded plat for a more specific description of the widths, utility benefited and location. The agents, servants, and employees of any parties giving any utility service shall have the right of ingress to and from and in, over and across said easements, and no improvement, trees, incinerators, fences, or other hindrances shall be placed upon such easement areas that will interfere with the operation and maintenance of such utility services. In the event such Page 6 of 11 improvements, trees, fences or other hindrances are grown, built, or maintained within the areas of such easements, no utility shall be liable for the destruction or repair of same. No Exposed overhead wires and cables for utility services are permitted in this addition. All electric power facilities shall be underground. Any alteration or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easement are prohibited, which would result in there being less than thirty inches (30") of clearance vertically or thirty-six inches (36") horizontally between the surface grade and the underground electric cables and conductors supplying electric power and services. The Allotter expressly reserves and grants forever an easement for the use by the owners of lots 152 through 156, and their invitees of a free, uninterrupted, and perpetual use of, and a separate right to maintain, an easement over the passageway across the northern boundary of such lots as it exist at this time and is twenty feet in width. The easement is exclusive to the general public, but nonexclusive to the owners of such lots. In addition, the holders of the easement have the right to use as much of the surface of the property adjacent to the passageway as may be reasonably necessary to construct and maintain a road reasonably suited for its purpose. 12. MAINTENANCE OF NATURAL DRAINAGE. No buildings or improvements of any nature, including driveways, shall be constructed in such a manner as to interfere with or obstruct the natural drainage of surface water from the lands hereby platted; nor shall any alteration of the existing ground surface levels be made either by filling or excavating which would align, obstruct or interfere with the existing natural drainage of surface water. No drainage structures or outlets of any type shall be permitted on any lot, unless the same shall connect with existing gutters or other Page 7 of 11 existing drainage structures in the addition, so as to prevent damage to any other property owner. No obstruction shall be placed in the street gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. Access to any lot from the street shall not be permitted except as originally constructed by or as expressly approved by the Allotter or as may be designated on the Plat. 13. FENCES. No common chain link fences shall be erected on the boundary lines of the various building plots, and all fences or boundary walls shall be subject to the architectural approval required by paragraph 4. The cost of nia intaining fences located upon common boundary lines shall be borne equally by the adjoining owners. 14. LIVESTOCK AND POULTRY. No livestock and poultry shall be raised, bred, kept or maintained for any commercial purpose; nor shall any such animals, dogs, cats, or other household pets, be maintained in such a manner as to constitute a nuisance to the other owners of property in this addition. 15. NOXIOUS ACTIVITY. No trash or other refuse shall be thrown, placed or dumped or permitted to remain upon any of the residential plots, but all such trash and refuse shall be stored and kept in suitable containers until such be removed from the property. 16. COMMERCIAL ACTIVITIES. No commercial activities of any nature may be at any time conducted upon any of the residential plots with the exception of home based business as expressly approved by the Allotter and licensed by the City of Little Rock; nor shall there be constructed thereon Page S of 11 any bill boards, signs or advertising boards or structures, except that signs advertising the property for sale may be maintained, provided they do not exceed 6 square feet in size. 17. OIL AND MINING OPERATIONS. No oil drilling, quarrying or mining operations of any kind shall be permitted upon any of the residential building sites. 18. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all plot corners and points of curve and in the event of minor discrepancies between dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 19. ALTERATION OR MODIFICATION. The covenants, provisions and restrictions herein set forth may be amended, modified, extended, changed or cancelled, in whole or in part, only by a written instrument examined and recorded by the Allotter, until such time as all of the plots in this subdivision have initially been sold and conveyed by Allotter, at which time any modification, amendment or change shall be executed and recorded by the owners of not less than 60% in number of the residential plots in this addition. Each of the covenants, provisions and restrictions contained herein shall remain in full force and effect for a period of 25 years from the date hereof, and shall be automatically renewed for successive periods of 10 years each unless cancelled, modified or amended as hereinbefore set forth. 20. ANNEXATION OF ADDITIONAL LANDS. The Allotter retains a track shown on the Plat as Tract Z. Allotter reserves the right, but shall not be obligated, to cause additional portions of adjacent property to be subject to Page 9 of 11 the terms of this Bill of Assurance (with certain changes affecting such additional portions.) Allotter may from time to time, annex additional lands to the property described on Exhibit A, and thereby subject the same to the within restrictions (with certain changes as Declarant may determine) and grant access to public roadway by the execution and filing for recordation in the Office of the Circuit Clerk and Ex-offico Recorder of Pulaski County, Arkansas of an instrument expressly stating intentions so to annex and describing such additional ands to be so annexed and the covenants and restrictions applicable thereto. Each property owner, by the act of becoming such, shall have taken to acknowledged and agreed that such property may be so annexed to the Addition. 21. ENFORCEMENT. Each of the owners of the residential plots in this addition shall be entitled to enforce compliance with all of the covenants, conditions and restrictions herein contained, and it being recognized that monetary damages for any violation would not be an adequate remedy, proceedings to enforce the provisions hereof may be prosecuted by appropriate proceedings in equity against the person or persons violating or attempting to violate such covenants or restrictions, and no Bond shall be required as a condition to the entrance of either a mandatory or restrictive injunction; and in addition, damages for such violation may be recovered if allowable. 22. SEPARABILITY. The invalidation of any restriction of covenant set forth herein, or any part thereof, by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other covenants or restrictions contained herein, but all such shall remain in full force and effect. Page 10 of 11 In Witness Whereof, the said Allotter has caused its officers, dully authorized to execute this Bill of Assurance on this /*- day of October, 2007. Attest: _r By: Mar'-Heien, ice -President State of Arkansas County of Pulaski Natural vironments, Inc. By. U7, �M( Wil iam k f3all, President RsviFY:aa only for inclusion of minimum standards requirr • Ly t Ciy of Me Rock subdivision regulations, gi;i of Assur,.nce provisions established by the developGr may Exceed rninimum regulations of the ures Rmk subdivision and zoning ordinances. City # Little Rock Planning Commission ACKNOWLEDGEMENT On this day personally appeared before the undersigned, a notary public with and for the County and State aforesaid, duly qualified, commissioned and acting, the within named )L-IjiM A. Wand `Mo,�eio- to me personally well know, who stated that they were the President and Secretary, respectively, of Natural Environments, Inc. an Arkansas Corporation, and stated and acknowledged that they were duly authorized in their respective capacities to execute the foregoing instrument in the name and behalf of said corporation, and further sated and acknowledged that they had signed, executed and delivered said foregoing instrument for the consideration and purposes therein mentioned and set forth. In Witness my hand and official seal on this 174day of October 2007. My commission expires:_66-0140 4�& A. I lu G. oMtiiw€- ,OTC � 011+40 ! : PUS 00 9 '• Page 11 of 11 EXHIBIT A WOODGLEN PARK PART OF THE SE1 /4 OF SECTION 23 AND NE1 /4 OF SECTION 26, T-2-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 106, OVERLOOK PARK, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S66'42'25"E ALONG THE SOUTH LINE OF SAID LOT 106 AND ALONG THE SOUTH LINE OF LOTS 105 THROUGH 95, SAID OVERLOOK PARK, 1005.94 FT.; THENCE N80'52'45"E CONTINUING ALONG THE SOUTH LINE OF SAID LOT 95 AND ALONG THE SOUTH LINE OF LOTS 72 AND 71, SAID OVERLOOK PARK, 254.26 FT. TO THE NORTHWEST CORNER OF LOT 142, SAID OVERLOOK PARK; THENCE S21'00'47" E ALONG THE WEST LINE OF SAID LOT 142, 168.85 FT.; THENCE S&V50'14"E CONTINUING ALONG SAID WEST LINE, 29.80 FT. TO THE SOUTHWEST CORNER OF SAID LOT 142; THENCE S74°00'40"W ALONG THE NORTH RIGHT-OF-WAY LINE OF WOODGLEN ROAD, 19.70 FT.; THENCE S1559'20" E, 50.00 FT, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID WOODGLEN ROAD; THENCE N74'00'40"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 47.73 FT. TO THE WESTERNMOST CORNER OF LOT 140R, SAID OVERLOOK PARK; THENCE S5T44'04' E ALONG THE SOUTHERLY LINE OF SAID LOT 140R, 334.30 FT. TO THE SOUTHEAST CORNER THEREOF, SAID CORNER LYING ON THE EAST LINE OF THE NE1 /4 NE1 /4, SAID SECTION 26, THENCE S01°49'43"W ALONG SAID EAST LINE, 640.82 FT. TO THE SOUTHEAST CORNER OF SAID NE1 /4 NE1 /4; THENCE S01'59'43"W ALONG THE EAST LINE OF THE SE1 /4 NE1 /4, SAID SECTION 26, 30.00 FT. TO THE NORTHEAST CORNER OF LOT 184, FOXCROFT FOURTH ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF LOT 184 AND ALONG THE NORTH LINE OF LOTS 183R THROUGH 167, SAID FOXCROFT FOURTH ADDITION THE FOLLOWING: (1) N73'10'25"W, 181.07 FT.; (2) N69'05'28"W, 350.00 FT.; (3) N6644'33W, 369.00 FT.; (4) N71'38'25"W, 402.75 FT. AND (5) N76.37'29"W, 400.30 FT.: THENCE N57'08'29"W CONTINUING ALONG THE NORTH LINE OF SAID LOT 167, ALONG THE NORTH LINE OF LOTS 166 THROUGH 164, SAID FOXCROFT FOURTH ADDITION AND ALONG THE NORTH LINE OF LOT 245, FOXCROFT FIFTH ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, 330.20 FT.; THENCE N55'18'29"W CONTINUING ALONG THE NORTH LINE OF SAID LOT 245 AND ALONG THE NORTH LINE OF LOT 246, SAID FOXCROFT FIFTH ADDITION, 160.91 FT.; THENCE N37'04'27" E, 756.81 FT. TO THE POINT OF BEGINNING, CONTAINING 1,475,317 SQ. FT, OR 33.8686 ACRES MORE OR LESS. eacn resiaence snail ne suomittea to the Anotter, or nis assigns, ror review prior to starting work. Plans and specifications shall be reviewed to insure that the proposed structure(s) meet the requirements and guidelines. Each Building Proposal Submittal shall include as a minimum three (3) sets the following: 1) The floor plan(s) for the structure or improvement, including construction details and dimensions, 2) The exterior design including all four elevations, 3) The exact location of the improvement on the property, the dimensions to adjacent lot boundary, and the orientation of the structure as depicted on a survey, 4) The location of all driveways, culverts, parking areas, sidewalks, patios and decks, 5) The conservation, energy efficiency, and energy generation, features and characteristics of the proposed improvement adequate to allow a meaningful review of the Woodglen Park's Energy Efficiency Guidelines, 6) The R values of building envelope and fenestration, and 7) The proposed landscape plan including plant species, The Allotter reserves the right to reject any inaccurate and/or incomplete Building Proposal Submittals, based on the details, the terrain and the orientation. Submittals will be returned unapproved, and must be corrected and resubmitted prior to starting work. Plans and specifications may be delivered to the address below for review. Any plans rejected may be resubmitted no more frequently than once every 60 days, without approval by the Allotter. Plains approved with exceptions, must be resubmitted with appropriate revisions and approved by the Allotter prior to starting work. Natural Environments, Inc. 2121 Watt Street Little Rock, Arkansas 72227 EXHIBIT C Energy Efficiency Guidelines SECTION 1: It is the desire of the Allotter that the Woodglen Park Addition be developed in an environmentally sensitive manner, with consideration given to low maintenance homes with low energy and operating costs. To that end all homes built in the development shall meet or exceed as solely determined by the Allotter the following requirements; 1) The aspect ratio and orientation of the home(s) shall utilize solar design techniques that take advantage of natural day lighting, and passive heating and cooling. 2) The exterior finishes for the home(s) shall be of materials that offer a long life, low maintenance, promote sustainability, and will not rot. Masonry type siding board, plaster, rock or brick finishes are encouraged. The use of wood or vinyl siding is discouraged and will not be allowed in most instances, subject to the review of the Allotter or his assigns. 3) A roof pitch of 8/12 or less is encouraged with consideration of view impact to surrounding lots and homes. Roof profile and pitch will be reviewed on a lot specific basis. Roof coverings shall be premium asphalt (architectural shingles), tile, cementous tile, slate or raised seam metal. 4) Exterior lighting shall be chosen, arranged and shielded so as to prevent or reduce glare to neighbors or the night sky. 5) The use of low maintenance gutters that shed leaves are encouraged along with an integrated rain water collection and storage system that may serve landscape irrigation. 6) Preserving the natural landscaping on portions of the lots that are not cleared for the home, drives or other purposes, is strongly encouraged. To reduce the need for fertilizers, chemicals, mowing and trimming, small grass lawns or no grass lawns are encouraged. 7) Driveways and off-street parking areas must be hard -surfaced and subject to approval by the Allotter. Permeable pavement technologies that include the use of pervious concrete, pervious asphalt or other materials are encouraged. 8) Fences constructed of iron, masonry or rock, or any combination thereof, are encouraged. Other materials may be approved by the Allotter. Chain link or wood fencing is prohibited without special exception by the Allotter. The use of pet runs in lieu completely fenced in yards is encouraged. 9) House plans that consider barrier -free accessibility in the design are encouraged. 10) Each plan submitted to the Allotter shall be evaluated for projected energy usage based on the BTU heating and cooling load per square foot, efficiency of mechanical equipment and other non -lifestyle factors that affect projected home energy consumption. For purposes of uniformity, the Allotter will use the same methodology and software to evaluate all plans submitted. SECTION 2. It is realized that with passing time, these specific guidelines may change in keeping with changes in building materials, methods of construction, and architectural design concepts and the Allotter or his assigns will be attentive and receptive to new innovations in construction, energy conservation and energy generation technology. CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME ---OVERLOOK PARK LOTS 143-177 & TRACT Z INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. a / y Y �-�, Engineering Specialist Date: 1 Z /j % 6 % QC tz. O aw e L P K.---&7� ADDRESSING SPECIALIST'S REPORT I have reviewed the plat andfind that the street names and street configuration are acceptable. Addressing Specialist Date:/z/ 17h� 7 TRAFFIC ENGINEER RE ORT I h7viewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer Certain improvements remain uncompleted and a punch list has been prepared and sent. ` Traffic Engineer Date: w`7 Yin- -,tom, V&eN CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Civil Engineer I/II Date: Z L-7 SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements !-f al plat approval have been satisfied. Surveyor Date: Q O MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. February 2007 2-)J -7 Date: , 20 U 1 Ann-oxation Board of Adjustment Cond. Use Permit-'F.U,P- Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Ntimber_L__at=ea. Public Hearing Signs Number? at ea. Total File No. Location i - L, rOdJ Applicant fJ�.4L�1 By �,