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14. RESOLUTION NO. 2004--4.3-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING NEGOTIATIONS AND SUCH ACTIONS, INCLUDING EMINENT DOMAIN PROCEEDINGS, NECESSARY AND INCIDENTAL FOR THE ACQUISITION OF THESE INTERESTS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On February 23, 2004, the City Council adopted a resolution declaring the public necessity for acquisition of interests in real property in connection with the Post Road Paving and Drainage Improvements Project (the "Project"), and authorizing the City's staff and real estate acquisition consultants to proceed with and conclude negotiations for acquisition of fee title, easements, rights-of-way or other interests in real property in the vicinity of the Project. 2. The City has been working diligently to obtain these real property interests through negotiation with certain property owners, and the City Council wishes to formally authorize the City's staff and consultants to proceed with and conclude these negotiations, to specify the tracts involved, and to authorize City staff, consultants, engineers, and retained attorneys to conduct such surveys and appraisals as required to specify, define and secure such interests according to existing law; and to institute and prosecute to a conclusion all necessary proceedings to condemn the specified property or interests therein and to acquire all such interests in the event that the City through negotiation is unable to agree with the respective owners as to the damages to the landowner, and to take any other legal action necessary and incidental to such purchases or emiment domain proceedings to survey, appraise, define, specify, and secure such property interests. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council finds and determines 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. PART 2. The City staff and the City's real estate acquisition consultants are authorized and directed to proceed with and conclude negotiations with the owners of real property interests needed in connection with the Project, which interests, tracts, and owners thereof are described in Exhibit A to this resolution. City staff, consultants, engineers, and retained attorneys are