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<br />I <br /> <br />ORDINANCE NO. 2007- 58 R <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE RELEASE OF A <br />BLANKET WATERLINE EASEMENT IN EXCHANGE FOR A <br />NEW WATERLINE EASEMENT LOCATED IN A 495 ACRE, <br />MORE OR LESS, TRACT OF PROPERTY LOCATED NEAR THE <br />INTERSETION OF OLD BASTROP ROAD AND CENTERPOINT <br />ROAD; APPROVING THE RELEASE OF A TAX ABATEMENT <br />BETWEEN THE CITY AND APACHE TRAILS, L.L.C; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />RELEASE; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. As part of the purchase ofthe Elim Water Supply Company, the City took over a blanket <br />type waterline easement originally granted to Haysco Water Supply Corporation over the 495.23 <br />acre, more or less, tract of land in the l.H. Yearby Survey (the "Property"), known as the Galisteo <br />Ranch. <br /> <br />I <br /> <br />2. The City's EI Camino Real waterline project will extend to this property, and in order to <br />align this project with the subject property as well as servicing other City needs, the City has agreed <br />to abandon the blanket easement in exchange for the easement described on the attached documents. <br /> <br />3. The City also has a recorded tax abatement agreement with Apache Trails, L.L.C., <br />which previously held an option to purchase and develop the Property. Apache Hills did not proceed <br />with its intended development, and the property owner has requested that the City release the <br />Property from the tax abatement agreement. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. The terms and conditions of the attached Release of Easement from the City to <br />Escarent Entities, L.P. is approved. <br /> <br />SECTION 2. The terms and conditions of the attached Release of Tax Abatement Agreement <br />are approved. <br /> <br />SECTION 3. The City Manager, Dan O'Leary, is authorized to execute the attached Release <br />of Easement and Release of Tax Abatement on behalf of the City. <br /> <br />SECTION 4. The specific easements attached to this Ordinance are approved. <br /> <br />I <br /> <br />SECTION 5. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in full force if they can be given effect without the invalid portion. <br /> <br />SECTION 6. All ordinances and resolutions or parts of ordinances or resolutions in convlict <br />