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RESOLUTION NO. 2020-232R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE TERMS OF A SETTLEMENT <br />AGREEMENT TO RESOLVE ALL CLAIMS IN THE PENDING <br />LITIGATION STYLED — THE MAYAN AT SAN MARCOS RIVER, LLC <br />AND THE CITY OF MARTINDALE TEXAS V. CITY OF SAN MARCOS; <br />CASE NO. 18 -0985 -CV -A IN THE 25TH JUDICIAL DISTRICT COURT OF <br />GUADALUPE COUNTY, TEXAS AND ON APPEAL TO THE FOURTH <br />COURT OF APPEALS OF TEXAS UNDER CASE NO. 04 -19 -00018 -CV; <br />AUTHORIZING THE CITY MANAGER TO SIGN THE SETTLEMENT <br />AGREEMENT; AND DECLARING AN EFFECTIVE DATE. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The terms of the Settlement Agreement attached to this resolution are <br />hereby approved to resolve all claims in the currently pending litigation regarding the annexation <br />of property in Hays County and Guadalupe County by Ordinance No. 2008-16 in a suit styled: The <br />Mayan at San Marcos River, LLC and The City of Martindale, Texas v. City of San Marcos, in the <br />25th Judicial District Court of Guadalupe County, Texas under Case No. 18 -0985 -CV -A and on <br />appeal to the Fourth Court of Appeals of Texas under Case No. 04-19-00018. The city manager is <br />hereby authorized to sign the Settlement Agreement on behalf of the city after it has been approved <br />by The Mayan at San Marcos River, LLC and the City of Martindale. <br />PART 2. This resolution shall be in full force and effect immediately from and after <br />its passage. <br />ADOPTED on October 29, 2020. <br />Jane Hughson <br />Mayor <br />Attest: <br />T my K. ook <br />Interim City Clerk <br />