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. . OJ I I ~ jr_\ . . /.;:; 3 Southwest Texas State University San Marcos, Texas 78666 AC512245-2244 Office of the Vice President for Finance and Management April 21, 1978 Mr. C. J. Webster, City Manager City of San Marcos Post Office Box 725 San Marcos, Texas 78666 Dear c. J., The City and University staffs have been working on the question of access to City Park since last October. We will all be glad to see a resolution to this problem. Although it is a little early to pat ourselves on the back, I believe both staffs should be commended for their public spirit and cooperative attitude. Concerning the access across University property into City Park, the University is agreeable to the following arrangements: 1. The University, without prejudice to any legal rights it, possesses, agrees to permit public access into City Park along a road constructed by the Uni versi ty on its proper'ty which is adjacent to the northwest side of the Missouri-, Pacific Railroad right-of-way and which extends southwest approximately 1,117 feet from Bugg Lane to the southeast: corner of the City Park property, with the understanding that the City will develop an alternate access road into City Park as soon as is practical. In consideration for granting this access route, the City agrees to maintain the road (as in the previous verbal agreement) in its current condition. The term of this agreement, in paragraphs I and 2 hereof, is indefinite with termination by either party on a one year notice. 2. Without prejudice to the rights of either party, the Univer- sity agrees to extend the road another 50 feet onto land purchased by the University from the Missouri-Pacific Rail- road and to provide a right angle turn up to City property. The City would then be able to develop an extension of 1:he University road to connect the new road with the City Park property. To clear up this matter as soon as possible, we are of the opin- ion that it would be desirable for the University to file a friendly lawsuit to settle the issue of ownership of the land in question. This action may be taken by the title company and the Attorney General on behalf of the University. We will keep you apprised of this matter. the progressive university with a proud past Southwest Texas State University Is an affirmative action. equal opportunity educational institution,