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<br />(0 <br /> <br />RES 0 L UTI 0 N <br /> <br />I <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, GRANTING TO SAFEWAY STORES, <br />INCORPORATED, AN UNDERGROUND FOUNDATION FOOTING <br />EASEMENT COVERING A THREE FOOT SECTION OF LAND <br />ALONG THE EAST SIDE OF COMANCHE STREET AND THE <br />SOUTH SIDE OF HUTCHISON STREET IN SAN MARCOS, <br />TEXAS. <br /> <br />WHEREAS, on or about September 1, 1971, the City of San Marcos, <br />Hays County, Texas, did request that Safeway Stores, Incorporated, <br />a Maryland corporation, dedicate to the City of San Marcos for <br />street widening purposes the following property shown on sketch <br />boundary survey marked Exhibit A and more particularly described <br />on attached description 1, Exhibit B. <br /> <br />After due deliberation and in and for the public interest of the <br />City of San Marcos, Safeway Stores, Incorporated, did by instrument <br />dated October 20, 1971, dedicate to the City of San Marcos for street <br />widening purposes a ten foot strip out but of a lot 6, Block 14 of <br />the Original Town of San Marcos said ten foot strip shown on sketch <br />attached Exhibit A and attached description 1 Exhibit B. <br /> <br />I <br /> <br />Now therefore after due deliberation and consideration, the City <br />Council of the City of San Marcos, Hays County, Texas, desirous of <br />promoting the highest and best use for commercial property to be <br />developed within the city limits and in consideration of said dedi- <br />cation by Safeway Store~,Incorporated, of said ten foot strip of <br />land along Comanche Street to the City of San Marcos, does hereby <br />resolve to grant to Safeway Stores, Incorporated, an underground <br />foundation footing easement described on Foundation Easement sketch <br />attached Exhibit C and more particularly described in Field Notes <br />Exhibit D, in order that Safeway Stores, Incpoporated, may properly <br />develop its store building to be located on lot 4 and lot 5 and part <br />of alley in Block 14 which was vacated by ordinance adopted by the <br />San Marcos City Council on September 27, 1971. <br /> <br />Said grant of the foundation footing easement to Safeway Stores <br />shall be with the understanding that such easement will in no way <br />interfere with the City of San Marcos' surface use of any of its <br />property or any other private property adjacent to the Safeway <br />property. <br /> <br />The mayor and secretary of the City are hereby authorized to execute <br />an appropriate instrument effecting the grant of said easement at <br />the earliest possible date. <br /> <br />PASSED, APPROVED AND ADOPTED this the 26th day of October, 1971. <br /> <br />ATTEST: <br /> <br /> <br />( <br /> <br />I <br /> <br />,.. <br /> <br /> <br />~$ <br />