Res 2020-172/authorizing the use of the Power of Eminent Domain to acquire fee simple title to 0.1454 acres of land out of the J.M Veramendi Survey No. 1, Abstract No. 17, Hays County, Texas, such parcel being at the Southeast Corner of River Road and We

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RESOLUTION NO. 2020-172R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO 0.1454 ACRES OF LAND OUT OF THE J.M. VERAMENDI SURVEY NO. 1, ABSTRACT NO. 17, HAYS COUNTY, TEXAS, SUCH PARCEL BEING AT THE SOUTHEAST CORNER OF RIVER ROAD AND WEST UHLAND ROAD AND WITHIN A LARGER PARCEL OF 6.92 ACRES LOCATED AT 1816 UHLAND ROAD, SAN MARCOS, TEXAS, FOR RIGHT-OF-WAY, DRAINAGE AND RELATED IMPROVEMENTS ASSOCIATED WITH THE UHLAND ROAD IMPROVEMENTS PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED INTERESTS IN THE PROPERTY IN COMPLIANCE WITH ALL APPLICABLE LAWS; AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS AS NECESSARY TO ACQUIRE SAID PROPERTY INTERESTS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City is undertaking right-of-way, drainage and associated improvements as part of the Uhland Road Improvements Project (the "Project") for the purpose of improving right- of-way and drainage in connection with storm water collected by the City's storm sewer system. 2. For the public uses of the Project, that is, for installation of a storm sewer outfall and related drainage and right-of-way improvements associated with the Project, it is necessary and convenient to acquire fee simple title to 0.1454 acres of land out of the J.M. Veramendi Survey No. 1, Abstract No. 17, Hays County, Texas, being situated at the southeast corner of River Road and West Uhland Road and within a larger parcel of 6.92 acres located at 1816 Uhland Road, San Marcos, Texas, said 0.1454 acre being more fully described in Exhibit "A," attached hereto and made a part hereof for all purposes (the "Property"). The Owner of the Property is PERCH OR FLOUNDER LLC. 3. The public uses of the Project are required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of and persons in the City. 4. Although the City has previously made a duly approved offer to the Owner based upon a written appraisal by an independent fee appraiser, a copy of which appraisal has been delivered to the Owner, for the fair cash market value of the Property, the City has been unable to agree with the Owner as to the fair cash market value thereof and consideration to be paid the Owner for the Property. The City has been unable to acquire the Property by purchase notwithstanding these negotiations, and further negotiations have become futile.