Res 2023-001/approving an Interlocal Agreement with Hays County providing for the County to fund $2,000,000.00 toward the purchase of easements and right-of-way for the Purgatory Creek Improvements Project

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in Attachment 2—Phase 1 Property Map and Attachment 3—Phase 2 Property Map. Scope of Services for POSAC Funding—As previously stated, easement and ROW areas to be acquired were originally identified in the PER and 30%Designs. Considering the limitations of POSAC funding and the purchase price of real estate based on estimates, our approach in acquiring real estate considers the following: • Priority Area 1—Start by acquiring easements located in the Phase 2 Area to be used for trails. This considers the ongoing work with the San Marcos River Foundation and the San Marcos Greenbelt Alliance. • Priority Area 2 — Once the Phase 2 Area costs are determined, start the process to acquire easements and ROW located in the Phase 1 Area to be used for trails and flood mitigation improvements. • This process including monitoring funds. For the properties identified in which easements or ROW will be acquired,the following scope of services will be conducted. • Property Title Search - Conduct property title research and verify property owner proof of ownership and if there are any existing easements, claims, or liens on the property that could affect the purchase. • Boundary Surveys - Conduct boundary surveys required to prepare metes and bounds descriptions and sketches utilizing existing monumentation controls. • Appraisals—Conduct appraisals to determine the fair market value of the proposed real estate acquisition, and any damages or cost to the property owners due to the proposed real estate acquisitions. • Purchase ROW or Easements - Provide property owners with a bona fide offer to purchase the necessary real estate interests necessary to construct the proposed project improvements in accordance with local,state, and federal laws and regulations. • Closing the Transaction — If negotiations are successful, the City will compensate the property owner for the agreed upon purchase price and record the conveyance document necessary to consummate the real estate acquisition. In addition we are also proposing in preparing a monthly Progress Report to be submitted to Hays County (POSAC)summarizing work that has and will be conducted and project budget.