Res 2023-151R approving an Encroachment Agreement with various citizens, and San Marcos Publishing, LP, to allow the existing San Marcos Daily Record building to encroach within a city easement located at 1910 South IH 35

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Project: 1910 I-35 South, San Marcos Parcel: 00050.0001 CROSS REFERENCE INSTRUMENT NOS.: Volume 420, Pages 783-785, and Document Number 23029354 CONSENT TO ENCROACHMENT THIS CONSENT TO ENCROACHMENT (this "Consent") is made and entered into as of this-day of , 2023 (the 'Effective Date"), by and between the CITY OF SAN MARCOS, TEXAS, a Texas municipal corporation (the "CITY"), NANCY MILBURN GRANAGHAN also known as Nancy Milburn Granagan and Nancy Louise Granaghan, GENE BUCKNER, MELINDA LOVELACE, BONNIE SUZANNE BUCKNER BUMPUS, WILLIAM DAVID BUCKNER, and SARAH ANN MCBRYDE also known as Sally Buckner McBryde(" BUCKNER"), and SAN MARCOS PUBLISHING, LP. ("LESSEE"). WITNESSETH: WHEREAS, BUCKNER is the owner of certain real estate located in Hays County, Texas, which real estate is more fully described in Exhibit A attached hereto and incorporated herein by this reference (the 'Real Estate"); WHEREAS, a portion of the Real Estate is subject to that certain fifteen(15) foot Electric Easement, dated February 20, 1984, executed by T. A. Buckner and Sons to Lower Colorado River Authority, recorded in Volume 420, Pages 783-785, of the Real Property Records of Hays County Texas, and further assigned to the City of San Marcos with the effective date of October 30, 1986, as stated in the Second Correction Transfer, Assignment, Grant, Sale and Conveyance of Easement Rights, recorded in Document Number 23029354 of the Official Real Property Records of Hays County, Texas (the 'Public Easement"), whereby an easement has been reserved for the use of the public as shown on Exhibit B attached hereto (the "Public Easement Area"); WHEREAS, BUCKNER'S predecessor in title has developed and constructed certain improvements in the Public Easement Area in connection with the development and construction of that certain one story metal and stucco building on the Real Estate (the "Improvements"), with such improvements being depicted on Exhibit C attached hereto (collectively, the "Public Easement Improvements"); WHEREAS, BUCKNER has requested the CITY'S consent to keep and maintain the Public Easement Improvements within the Public Easement Area; and WHEREAS the CITY is willing to authorize the encroachment of the Public Easement Improvements into the Public Easement Area, upon and subject to the terms and conditions contained herein.