Res 2021-255/Authorizing the use of the U.S. Dept of Housing and Urban Development funds for the acquisition a privately owned property 1320 and 1320 A River Road to reduce flooding in the Blnco Gardens Neighborhood.

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RESOLUTION NO. 2021-255R A RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE USE OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS FOR THE ACQUISITION OF FEE SIMPLE TITLE TO TWO PORTIONS OF A PRIVATELY OWNED PROPERTY AT 1320 AND 1320A RIVER ROAD FOR DRAINAGE RIGHTS OF WAY GENERALLY DEPICTED IN THE EXHIBITS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES, THIS ACQUISITION BEING NECESSARY TO ADVANCE AND ACHIEVE THE PUBLIC USE OF THE BLANCO RIVERINE FLOOD MITIGATION PROJECT TO REDUCE THE RISK OF AND DAMAGE FROM FUTURE FLOODING IN THE BLANCO GARDENS NEIGHBORHOOD; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS TO ACQUIRE THE NECESSARY LAND RIGHTS TO THE EXTENT NEGOTIATIONS ARE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of San Marcos, (the "City") pursuant to the authority granted in Chapter 251 of the Texas Local Government Code and Section 2.02 of the City's Home Rule Charter has reserved the right to exercise the power of eminent domain to acquire property, including, but not limited to the right to acquire fee simple title; and WHEREAS, in response to the 2015 Memorial Day Floods and All Saints Floods the City has undertaken the Blanco Riverine Flood Mitigation project with funding assistance from the U.S. Department of Housing and Urban Development's ("HUD") Community Development Block Grant— Disaster Recovery ("CDBG-DR") and Community Development Block Grant — Mitigation ("CDBG-MIT") programs to construct certain improvements within the Blanco River watershed in an effort to reduce the risk of flood damage in and around the Blanco Gardens neighborhood; and WHEREAS, it is necessary to acquire fee simple title to two portions of a privately -owned property, known as Parcels 11 & 11A, and more specifically described in Exhibits A and B (the "Property") by purchase or through the use of eminent domain, in furtherance of the Blanco Riverine Flood Mitigation Project (the "Project"); and WHEREAS, the Project and acquisition of the Property are necessary to provide drainage rights of way to improve the flow of floodwaters from the Blanco River and to advance and achieve the public use of reducing the risk of harm and damage from future flooding events and the Project is in the best interest of the health, safety, and welfare of the public; and WHEREAS, the City, has been unable to acquire the necessary land by negotiation and/or further negotiations may become futile, and therefore, the City must exercise its power of eminent domain; and WHEREAS, to acquire fee simple title to portions of the subject property, it may be 00221122.DOCX