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<br /> 86 <br /> RESOLUTION 1985-33R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE <br /> CITY OF SAN MARCOS, TEXAS, DECLARING THE <br /> NECESSITY OF ACQUIRING AN EASEMENT <br /> INTEREST IN REAL PROPERTY FOR A PUBLIC <br /> PURPOSE, TO-WIT: THE CONSTRUCTION AND <br /> MAINTENANCE OF AN UNDERGROUND STORM <br /> DRAINAGE SYSTEM FOR THE CONVEYANCE OF <br /> STORM WATER~ AUTHORIZING AND DIRECTING <br /> THE CITY ATTORNEY TO ACQUIRE AN APPRAISAL <br /> OF THE FAIR MARKET VALUE OF SUCH INTEREST <br /> IN SAID PROPERTY AND TO ~ffiKE AN OFFER FOR <br /> THE PURCHASE OF SAID PROPERTY IN AN <br /> AMOUNT EQUAL TO THE FAIR MARKET VALUE OF <br /> SUCH EASEMENT INTEREST IN SAID PROPERTY <br /> AS DETERMINED BY SAID APPRAISAL, OR TO <br /> OTHERWISE ACQUIRE SAID INTEREST IN SAID <br /> PROPERTY THROUGH VOLUNTARY ACQUISITION <br /> OR, UPON THE FAILURE OF SUCH VOLUNTARY <br /> ACQUISITION, TO INSTITUTE EMINENT DOMAIN <br /> PROCEEDINGS; AND, DECLARING AN EFFECTIVE <br /> DATE. <br /> WHEREAS, it is necessary that the City of San Marcos, <br /> Texas, acquire an easement interest in and to a 647 square <br /> foot tract of land, located in the J.M. Veramendi League No. <br /> 2 in the City of San Marcos, Hays County, Texas and being a <br /> portion of that tract of land conveyed to Vico Real Estate <br /> Company, and recorded as Tract One and Tract Two in Volume <br /> 295, Page 476 of the Hays County Deed Records / said tract <br /> be i ng more particularly described by metes and bounds in <br /> Exhibit A which is attached hereto and made a part hereof <br /> for all purposes, for a public purpose, to-wit: the <br /> construction and maintenance of an underground s to rm <br /> drainage system for the conveyance of storm water~ and, <br /> WHEREAS, the City Council of the City of San Marcos <br /> Texas, hereby finds that the acquisition of such easement <br /> interest in said property is in the interest and to the <br /> benefit of the citizens of San Marcos, Texas~ now, <br /> therefore, <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN <br /> ~ffiRCOS, TEXAS: <br /> PART 1. That a public purpose exists, to-wit: the <br /> construction and maintenance of an underground s to rm <br /> drainage system for the conveyance of storm water, whi ch <br /> makes necessary the acquisition by said City of an easement <br /> interest in and to a 647 square foot tract of land, located <br /> in the J.M. Veramendi League No. 2 in the City of San <br /> Marcos, and being a portion of that tract of land conveyed <br /> to Vico Real Estate Company and recorded as Tract One and <br /> Tract Two in Volume 295, Page 476 of the Hays County Deed <br /> Records, said 647 square foot tract being more particularly <br /> described by metes and bounds in Exhibit A which is attached <br /> hereto and made a part hereof for all purposes. <br /> PART 2. That the City Attorney is hereby authorized <br /> and directed to acquire an appraisal of the fair market <br /> value of such easement interest in said property and to make <br /> an offer for the purchase of said easement interest in said <br /> property in an amount equal to the fair market value of such <br /> interest as determined by such appraisal, or to otherwise <br /> acquire said interest through voluntary acquisition or, upon <br /> the failure of such voluntary acquisition to institute <br /> eminent domain proceedings for said interest in said 647 <br /> square foot tract of land, said tract being more <br /> particularly described in Exhibit A which is attached hereto <br /> and made a part hereof for all purposes. <br />