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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necessary for the City or one of its agents or contractors to enter upon the property to investigate and survey the needed land so that it may be defined and described with specificity for inclusion in any deed, easement document, or, if necessary, as part of any filings to institute proceedings in eminent domain to acquire the necessary land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, THAT: SECTION 1. The above caption and recitals are incorporated herein for all purposes. SECTION 2. The City Council declares a public use and necessity for the City of San Marcos, to locate, construct, utilize, and maintain the Project and to acquire fee simple title to the portions of the Property described in Exhibits A and B which are needed for the Project. SECTION 3. The City Council declares that acquiring the Property is necessary to complete the Project, which has the public use of reducing the risk of and damage from future flooding in the Blanco Gardens neighborhood. The City Council authorizes the use of the power of eminent domain to acquire the necessary land, to the extent the City is unable to acquire the land by negotiation and/or further negotiations with the landowner become futile. SECTION 4. The City Council authorizes its authorized officers or their designees and retained attorneys to create, execute, and deliver such further documents, instruments, certificates, opinions, consents, pleadings, and other papers, for and on behalf of the City, and to do and cause to be done such further acts and things as may be necessary, appropriate, or advisable to affect the intent of this Resolution, including, but not limited to: (a) filing temporary injunctions or other causes of action necessary to obtain access to the Property impacted by the acquisitions; (b) performing lineal surveys for metes and bounds purposes and conducting archaeological, species and environmental walk-throughs, inspections and/or testing (including obtaining water and soil samples, if necessary), as required by applicable state and federal laws (collectively the "Preliminary Surveys"), appraising, designing, planning, obtaining title information, and specifying the preparation, location, and routing or re -rerouting of the Project should such become necessary for any reason; 00221122. DOCX