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93 RESOLUTION 1984-75R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DECLARING THAT A CERTAIN PORTION OF AN EASEMENT CONSISTING OF 0.22 ACRES OF LAND OWNED BY THE S'rATE OF TEXAS LOCATED ADJACENT TO FARM-TO-MARKET HIGHWAY 2439, OTHERWISE KNOWN AS HUNTER ROAD, IS NOW SURPLUS AND NOT NEEDED FOR DRAINAGE, ROAD OR PARK PURPOSES AND DECLARING THAT SUCH PORTION OF SAID EASEMENT SHOULD BE QUITCLAIMED BY THE STATE OF TEXAS TO ROBERT R. ANDERSON, THE OWNER OF THE FEE OF SAID LAND, IN EXCHANGE FOR AND AS FULL CONSIDER- ATION FOR AN ADDITIONAL CHANNEL EASEMENT CONSISTING OF 0.17 ACRES OF LAND FROM ROBERT R. ANDERSON AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of San Marcos has been notified by District 14 of the State Department of Highways and Public Transportation that 0.22 acres of land which is a portion of a channel easement located at Engineer's Centerline Station 128 + 02.8 which was acquired by easement dated February 4, 1958, as recorded in Volume 176, Page 119, of the Hays County Deed Records, which is located approximately 2.4 miles southwest of Loop 82 on Farm-To-Market Highway 2439, is surplus and is no longer needed for drainage purposes and is not needed for use by the citizens of San Marcos for road or park purposes since the existing drainage channel is not presently contained therein, and finds that it is desirable that the State Department of Highways and Public Transportation acquire an additional channel easement totaling 0.17 acres on which the existing drainage channel is currently being contained; and WHEREAS, said City Council has further been informed by said District 14 that it is the policy of the State Department of Highways and Public Transportation to dispose of the State's interest in such right-of-way easement when it becomes surplus; and WHEREAS, the owner of the fee l.n the land containing this said 0.22 acres of land, one Robert R. Anderson, desires to exchange an 0.17 acre tract of land, on which the said existing drainage channel is currently being contained, to the State of Texas for the said 0.22 acres of land; and WHEREAS, said City Council desires that the State of Texas relinquish its interest in the said 0.22 acres to Robert R. Anderson in exchange for his relinquishment of his interest to the State of Texas in the said 0.17 acres; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That the said tract of land containing 0.22 acres of land is now surplus and is no longer needed for drainage purposes and is not needed for use by the citizens of San Marcos for road or park purposes and that the State of Texas should quitclaim to the owner, Robert R. Anderson, of the fee in the land in exchange for and as full consideration for the additional channel easement containing 0.17 acres of land to be conveyed to the State of Texas by said Robert R. Anderson, without any compensation or other consideration passing by either of the parties, the State of Texas or Robert R. Anderson, provided this meets the requirements of the State Department of Highways and Public Transportation, said 0.22 acre tract and said 0.17 acre tract being shown on the map attached hereto and incorporated herein for all purposes.