Res 2008-034 - Laserfiche WebLink

Home Browse Search

RESOLUTION N0.2008-34R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS OF A SETTLEMENT WITH W.C. CARSON, APPROVING A CAPITAL IMPROVEMENT AGREEMENT; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS; AND DECLARING AN EFFECTIVE DATE. RECITIALS: 1. As part of the Wonder World Drive Overpass project the City had to obtain land from W.C. Carson for part of the right of way. During the ensuing procedure, W.C. Carson objected to the findings of the court appointed special commissioners resulting in a lawsuit that has been pending for nearly two years. The property involved in the condemnation proceeding bordered Wonder World Drive and Stagecoach Drive. 2. The City had deposited $215,000.00, the value of the property as determined by the special commissioners, into the registry of the court to secure use of the property pending the outcome of the suit. Mr. Carson contended that the property is worth more than $400,000. The parties attended a mediation session; however, no agreement was reached. In working through the issues surrounding the development of the property, City staff and Mr. Carson have reached an agreement to settle the dispute for $297,098.00. The settlement funds, above that already deposited with the Court, are being drawn from the $250,000.00 that was allocated to fund the City's share of the Stagecoach Drive infrastructure. The attached Judgment settles the lawsuit and transfers title to the City of San Marcos. 3. W.C. Carson and Hays County entered into an agreement to develop the property near Wonder World Drive and Stagecoach Drive as part of the new Hays County Justice Center. In order to develop this property the City and W.C. Carson are desiring to enter into the attached Capital Improvement Agreement. The Capital Improvement Agreement involves the construction of Stagecoach Drive as a four lane arterial and the installation of light signals (when needed) at the intersection of Stagecoach and Wonder World Drives. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The settlement agreement, as represented by the attached Judgment, between the City and W.C. Carson to purchase the Wonder World Drive right of way for the sum of $297,098.00 is approved. PART 2. The attached Capital Improvement Agreement between the City and W.C. Carson is approved.