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oj Oti W~ ~. u.~ <( CJ) o ~ :x:e Cl a: n:l C"-I w:::E ...... -l c:: Ut\l ~ >-00 a:: !:: '0 ~ U~ o 115. ORDINANCE NO. 2005- i 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. 1 TO THE CONSERVATION EASEMENT AGREEMENT BETWEEN THE CITY AND THEEDW ARDS AQUIFER AUTHORITY RELATED TO PURGATORY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. In 2001, the City granted a conservation easement to the Edwards Aquifer Authority covering the 326 acre tract the City had acquired to establish the Purgatory Park, in exchange for a $500,000 contribution by the EAA towards the cost of the acquisition. The easement prohibits the City from developing the property, except for park uses and a reserved area that may be used as right-of-way for the Wonder World Drive Extension. 2. The Purgatory Park Water Line Proj ect, which will connect the City's upper pressure plane to an area now served by wells off of McCarty Lane, will cross a small segment of the Purgatory Park tract. An amendment to the conservation easement is needed to authorize the construction and maintenance of the water line. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The attached revised Amendment No. 1 to the Conservation Easement Agreement between the City of San Marcos and the EAA is approved. SECTION 2. The City Manager, Dan O'Leary, is authorized to execute the attached amendment on behalf of the City. SECTION 3. This Ordinance will take effect ten days after the date of its final passage, and the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. PASSED on first reading on April 5, 2005. PASSED on second reading on April 19, 2005. PASSED, APPROVED AND ADOPTED on May 3, 2005. ~ ~~ Mayor