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<br /> 32 <br /> RESOLUTION 1985-45R <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 M~ APPRAISAL <br /> OF THE FAIR MARKET VALUE OF SUCH INTEREST <br /> IN SAID PROPERTY AND TO MAKE 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 an 0.036 acre <br /> tract, more or less, of land located in the J.M. Veramendi <br /> League No. 2 in the City of San Marcos, Hays County, Texas <br /> and being a portion of that certain 20,980 square foot tract <br /> of land conveyed to William C. Nemeth, et ux, as described <br /> in a Correction Assumption Deed recorded in Volume 427, Page <br /> 474 of the Hays County Deed Records, said tract being more <br /> particularly described by metes and bounds in Exhibit A <br /> which is attached hereto and made a part hereof for all <br /> purposes, for a public purpose, to-wit: the construction <br /> and maintenance of an underground storm drainage system for <br /> 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 /> MARCOS, TEXAS: <br /> PART 1. That a public purpose exists, to-wit: the <br /> construction and maintenance of an underground storm <br /> drainage system for the conveyance of storm water, which <br /> makes necessary the acquisition by said City of an easement <br /> interest in and to an 0.036 acre tract, more or less, of <br /> land located in the J.M. Veramendi League No. 2 in the City <br /> of San Marcos, and being a portion of that certain 20,980 <br /> square foot tract of land conveyed to William C. Nemeth, et <br /> ux, as described in a Correction Assumption Deed recorded <br /> in Volume 427, Page 474 of the Deed Records of Hays <br /> County,Texas, said tract being more particularly described <br /> by metes and bounds in Exhibit A which is attached hereto <br /> and made a part hereof for all purposes. <br /> PART 2. That the City Attorney is hereby authorized <br /> and direc ted 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 0.036 <br /> acre tract, more or less~ 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 />