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has been unable to acquire said tracts by purchase notwithstanding these negotiations, and further <br />negotiations have become futile. <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br /> PART 1. Public necessity requires the City to acquire the Cornerstone Tracts and the <br />Harris Tract for the public purpose of providing for the transportation needs of the citizens of the <br />City and of persons traveling through the City by acquiring said tracts for an alley, street, or other <br />roadway, and for the straightening, widening, or extending of any alley, street, or other roadway. <br />Public necessity also that the City acquire said tracts either through purchase or by the process of <br />eminent domain and that the City take all other lawful action necessary and incidental to such <br />purchases or eminent domain proceedings. <br /> <br /> Part 2. The City Council directs and authorizes the City Manager, staff, agents, and <br />retained attorneys to institute and prosecute to conclusion all necessary proceedings to condemn <br />fee simple title to the Cornerstone Tracts and the HarrisTract, and to take any other legal action <br />necessary and incidental to such acquisition or eminent domain proceedings to survey, both lineal <br />and archaeological, and to appraise, define, specify, and secure such property interests. <br /> <br /> PART 3. All acts and proceedings done or initiated by the employees, agents, and <br />attorneys of the City for the acquisition of such property are hereby authorized, ratified, <br />approved, confirmed, and validated and declared to be valid in all respects as of the respective <br />dates thereof with and in regard to the owners from whom such rights are being acquired. <br /> <br /> PART 4. This Resolution shall be in full force and effect immediately from and after its <br />passage. <br /> <br />ADOPTED on April 26, 2004. <br /> <br />Robert Habingreither <br />Mayor <br /> <br />City Clerk <br /> <br /> <br />