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66. RESOLUTION NO. 2003- 201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE A 0.877 ACRE TRACT OF LAND IN THE J.M. VERAMENDI LEAGUE NO. 1 IN CONNECTION WITH THE WONDER WORLD DRIVE OVERPASS PROJECT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On February 11, 2002, the City Council adopted Resolution 2002-24R, approving an agreement for the contribution of City funds to the Texas Department of Transportation for the Wonder World Drive Overpass Project (the "Project"). 2. On August 25, 2003, the City Council adopted a Resolution finding and determining that the Project is required for the preservation of the public health, safety and welfare and the public convenience and necessity for the citizens of the City, and is for the public purpose of providing for the transportation needs of the citizens of the City and of persons traveling through the City. 3. The Project requires the City to obtain fee simple title to the 0.877 acre tract of real property described in the attached Exhibit A (the "Stagecoach Extension Tract"), which is incorporated fully in this Resolution by reference, out of that 219.070-acre tract of land in the J.M. Veramendi League No. 1, Hays County, Texas conveyed to W.C. Carson (the "Owner") by deed recorded in Vol. 752, Page 33 of the Deed Records of Hays County, Texas. 4. The City has previously made a duly approved offer based on a written appraisal by an independent fee appraiser, a copy of which appraisal has been delivered to the Owner, for the fair cash market value of the Stagecoach Extension Tract, and the City has been unable to agree with the Owner as to the fair cash market value thereof. The City has been 'unable to acquire said tract by purchase notwithstanding these negotiations, and further negotiations have become futile. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. Public necessity requires the City to acquire the Stagecoach Extension Tract for the public purpose of providing for the transportation needs of the citizens of the City and of persons traveling through the City by acquiring said tract for an alley, street, or other roadway, and for the straightening, widening, or extending of any alley, street, or other roadway. Public necessity also that the City acquire said tract either through purchase or by the process of eminent domain and that the City take all other lawful action necessary and incidental to such purchases or eminent domain proceedings.