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<br />100. <br /> <br />RESOLUTION NO. 2003- 86 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, APPROVING THE TERMS AND CONDITIONS OF PROPERTY <br />EXCHANGE AGREEMENTS BETWEEN THE CITY AND THE TEXAS STATE <br />UNIVERSITY SYSTEM, ON BEHALF OF SOUTHWEST TEXAS STATE <br />UNIVERSITY, AND BETWEEN THE CITY AND AMERICAN CAMPUS (SWT <br />II), LTD., PERTAINING TO THE ABANDONMENT OF A PORTION OF <br />FREDERICKSBURG STREET AND IMPROVEMENTS TO COMANCHE <br />STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE <br />DATE. <br /> <br />R <br /> <br />RECITALS: <br /> <br />1. The City owns the right-of-way of North Fredericksburg Street depicted.as "0.2029 Acres- <br />Right-of-Way Abandonment Tract" on the map attached as Exhibit A (the "City Tract"), and the <br />Texas State University System, on behalf of Southwest Texas State University ("SWT"), wishes to <br />acquire the City Tract to provide for the construction of a new student residence hall facility and <br />related improvements by American Campus (SWT II), Ltd. ("American Campus") on the City Tract <br />and on adjacent tracts of property owned by SWT and by American Campus. <br /> <br />2. SWT or American Campus own the following parcels of real property (the "SWT Tracts") <br />depicted as follows on the map attached as Exhibit A: <br />a) 0.0712 Acres Right-of-Way Tract <br />b) 0.0173 Acres 5' Sidewalk Easement <br />c) 0.0217 Acres Right-of-Way Tract <br />d) 0.0602 Acres 10' Easement <br />e) 0.0099 Acres 5' Sidewalk Easement <br />f) 0.0201 Acres Right-of-Way Tract <br /> <br />The City wishes to acquire the SWT Tracts to provide for street, sidewalk and utility improvements <br />to Comanche Street (the "Comanche Street Improvements"). <br /> <br />3. The City, SWT and American Campus desire to exchange the City Tract for the SWT <br />Tracts on the terms and conditions contained in the attached agreement between the City and SWT <br />and the attached agreement between the City and American Campus. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached Property Exchange Agreement between the City of San Marcos and <br />the Texas State University System, on behalf of Southwest Texas State University is approved, and <br />the attached Property Exchange Agreement between the City of San Marcos and American Campus <br />(SWT II), Ltd. is approved. <br />