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RESOLUTION NO. 2007- 153 R - - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE FROM C & G DEVELOPMENT, LTD., FIK/A C & G DEVELOPMENT, INC., A TEXAS CORPORATION A 0.3450-ACRE TRACT OF LAND OUT OF THE JOHN WILLIAMS SURVEY, ABSTRACT 471 AND A 5.2741-ACRE TRACT OF LAND OUT OF THE JOHN WILLIAMS SURVEY, ABSTRACT 471 AND THE THOMAS JEFFERSON CHAMBERS SURVEY, ABSTRACT 2, IN HAYS COUNTY, TEXAS IN CONNECTION WITH THE WONDER WORLD DRIVE EXTENSION PROJECT; RATIFYING PREVIOUS NEGOTIATIONS AND ACTIONS; AND DECLARING AN EFFECTNE DATE. RECITALS: 1. The City of San Marcos, in partnership with the Texas Department of Transportation, is in the process of extending Wonder World Drive from Hunter Road to RR 12 (the "Project"). This project is undertaken to provide an alternate route around the City thereby relieving City streets and residents from some of the commercial traffic that is currently passing through the City. 2. The Project is required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of the City because the Project will provide a route around part of the City, and will relieve some of the present traffic congestion. 3. The Project is for the public purpose of providing better transportation in the City. 4. The Project requires the City to obtain fee simple title to the O.3450-acre tract and the 5.2741-acre tract of real property described on the attached Exhibit A (the "Property"), which is incorporated fully in this Resolution by reference; the Property is owned by C & G Development, Ltd., fIkIa C & G Development, Inc., a Texas corporation (the "Owner"). 5. Although the City has previously made a duly approved offer to the Owner based upon a written appraisal by an independent fee appraiser, a copy of which appraisal has been delivered to the Owner, for the fair cash market value of the Property, the City has been unable to agree with the Owner as to the fair cash market value thereof and consideration to be paid the Owner for the Property. The City has been unable to acquire the Property by purchase notwithstanding these negotiations, and further negotiations have become futile. BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council finds and determines that the Project is required for the preservation of the public health, safety and welfare and the public convenience and necessity for Wonder W orId Drive Extension - Parcel 7 Page 1