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ORDINANCE N0.2006 - 39 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS APPROVING THE RELEASE OF A <br />WATER LINE EASEMENT LOCATED IN A 495 ACRE, MORE <br />OR LESS, TRACT OF PROPERTY LOCATED NEAR THE <br />INTERSECTION OF CENTERPOINT ROAD AND OLD <br />BASTROP ROAD; APPROVING THE RELEASE OF A TAX <br />ABATEMENT AGREEMENT BETWEEN THE CITY AND <br />APACHE HILLS, LLP RELATED TO THIS PROPERTY; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE <br />RELEASES; AND PROVIDING AN EFFECTIVE DATE. <br />RECITALS <br />1. The City has a "blanket" water line easement located within a 495 acre, more or less, <br />tract of property located near the intersection of Centerpoint Road and Old Bastrop Road (the <br />"Property"). The current owner of the Property, Escarent Entities, L.P., has requested that the City <br />execute a release of the blanket easement, in exchange for the execution by the property owner of a <br />new easement covering defined easements needed by the City within the Property. <br />2. The City also has a recorded tax abatement agreement with Apache Hills, LLC, which <br />previously held an option to purchase and develop the Property. Apache Hills did not proceed with <br />its intended development, and the property owner has requested that the City release the Property <br />from the tax abatement agreement. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />SECTION 1. The terms and conditions of the attached Release of Easement and Release of <br />Tax Abatement Agreement are approved. <br />SECTION 2. The City Manager, Dan O'Leary, is authorized to execute the attached Release <br />of Easement and Release of Tax Abatement Agreement on behalf of the City. <br />SECTION 3. If any word, phrase. clause, sentence. or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in full force if they can be given effect without the invalid portion. <br />SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br />SECTION 5. This Ordinance will take effect l 0 days after the date of its #ina] passage, and <br />the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. <br />PASSED AND APPROVED on first reading <br />