Res 2022-220R/authorizing the acquisition of an easement across a tract of land located at 230 Ramsey Street, San Marcos, Hays County, Texas for public utility purposes as generally depicted in the exhibit attached

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specificity for inclusion in any easement document, or, if necessary, as part of any filings to institute proceedings in eminent domain to acquire the necessary Easement. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,TEXAS, THAT: SECTION 1. The caption and recitals above 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, utilize, and maintain the Project and to acquire the Easement described in Exhibit A. SECTION 3. The City Council declares that acquiring the Easement is necessary for the Project, which has the public use of providing reliable and continuous public utility services to residents, institutions and businesses in the City. SECTION 4. The City Council authorizes the use of the power of eminent domain to acquire the necessary Easement, to the extent the City is unable to acquire the land by negotiation and/or further negotiations with the landowner become futile. SECTION 5. 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 land area impacted by the acquisition; (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;