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RESOLUTION NO. 2020-208R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING A CONSENT TO ENCROACHMENT <br />AGREEMENT WITH ELLA LOFTS FUNDING COMPANY, LLC THAT <br />ALLOWS CERTAIN IMPROVEMENTS TO ENCROACH WITHIN A <br />CITY DRAINAGE EASEMENT IN THE VICINITY OF CHESTNUT <br />STREET AND LIVE OAK STREET, SUBJECT TO THE OWNER OF <br />SUCH IMPROVEMENTS GRANTING A DRAINAGE EASEMENT TO <br />THE CITY FOR IMPROVEMENTS ALONG SESSOM CREEK AS PART <br />OF THE EDWARDS AQUIFER HABITAT CONSERVATION PLAN; <br />AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO <br />EXECUTE THE SAID AGREEMENT ON BEHALF OF THE CITY; AND <br />DECLARING AN EFFECTIVE DATE. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The attached Consent to Encroachment Agreement with Ella Lofts Funding <br />Company, LLC is approved, subject to Ella Lofts Funding Company, LLC granting an easement <br />to the City as needed for improvements along Sessom Creek under the Edwards Aquifer Habitat <br />Conservation Plan in a form approved by the City Manager and City Attorney. <br />PART 2. The City Manager, or his designee, is authorized to execute the Agreement <br />on behalf of the City. <br />PART 3. This resolution shall be in full force and effect immediately from and after <br />its adoption, except that the Agreement hereby approved shall not be effective until the conditions <br />in Part 1 are satisfied. <br />ADOPTED on October 7, 2020. <br />Ian hson <br />Mayor <br />Attest: <br />ami . Cook <br />Interim City Clerk <br />