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domain; and <br />WHEREAS, to acquire fee simple title to portions of the subject property as well as a <br />permanent slope easement and temporary construction easements, it may be necessary for the City <br />or one of its agents or contractors to enter upon the property to investigate and survey the needed <br />land so that it may be defined and described with specificity for inclusion in any deed, easement <br />document, or, if necessary, as part of any filings to institute proceedings in eminent domain to <br />acquire the necessary land. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF SAN MARCOS, TEXAS, THAT: <br />SECTION 1. <br />The above caption and recitals are incorporated herein for all purposes. <br />SECTION 2. <br />The City Council declares a public use and necessity for the City of San Marcos, to locate, <br />construct, utilize, and maintain the Project and to acquire fee simple title to the Property described <br />in Exhibits A, B, C, D and E which are needed for the Project. <br />SECTION 3. <br />The City Council declares that acquiring the Property is necessary to complete the Project, <br />which has the public use of reducing the risk of and damage from future flooding in the Blanco <br />Gardens neighborhood. <br />The City Council authorizes the use of the power of eminent domain to acquire the <br />necessary land, to the extent the City is unable to acquire the land by negotiation and/or further <br />negotiations with the landowner become futile. <br />SECTION 4. <br />The City Council authorizes its authorized officers or their designees and retained attorneys <br />to create, execute, and deliver such further documents, instruments, certificates, opinions, <br />consents, pleadings, and other papers, for and on behalf of the City, and to do and cause to be done <br />such further acts and things as may be necessary, appropriate, or advisable to affect the intent of <br />this Resolution, including, but not limited to: <br />(a) filing temporary injunctions or other causes of action necessary to obtain access to the <br />Property impacted by the acquisitions; <br />(b) performing lineal surveys for metes and bounds purposes and conducting <br />archaeological, species and environmental walk-throughs, inspections and/or testing <br />(including obtaining water and soil samples, if necessary), as required by applicable <br />00221124.DOCX <br />