Res 2004-036 - Laserfiche WebLink

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254. RESOLUTION NO. 2004- 36 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AN AMENDMENT TO EASEMENT AGREEMENT WITH JOYCE REASONER AND HARRY REASONER FOR THE NORTH 1H-35 WASTEWATER IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. In January of 1990, the City entered into an Easement and Right-of-Way Agreement with Joyce Reasoner and Harry Reasoner (the "Reasoners") for acquisition of temporary and permanent roadway and utility easements, and the City thereafter installed a 12" diameter wastewater line in the utility easement. 2. The City recently entered into an Amended and Restated Agreement with several property owners in the North IH~35 area to jointly participate in funding the costs of the North IH-35 Wastewater Improvements Project, which includes replacement of the existing wastewater line in the Reasoner utility easement with a larger wastewater line. 3. This wastewater line replacement necessitates an amendment to the Easement and Right- of-Way Agreement with the Reasoners. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the attached Amendment to Easement and Right-of- Way Agreement between the City and the Reasoners are approved. In connection with this approval, the City Council grants a waiver of the requirement for use of the City water system in order for connection to be made to the City wastewater system, for uses of property located on the tract of property owned by the Reasoners as identified in the Easement and Right-of-Way Agreement. PART 2. The City Manager, Dan O'Leary, is authorized to execute the attached amendment on behalf of the City. PART 3. This Resolution is in full force and effect immediately from and after its adoption. ADOPTED on February 23, 2004. Attest: K. Womack City Clerk Robert Habingreither Mayor