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<br />1 18. <br /> <br />RESOLUTION NO. 2005- S4 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN <br />PROCEEDINGS TO ACQUIRE FROM THE UNION PACIFIC <br />RAILROAD COMPANY A 1.221 ACRE TRACT OF LAND IN <br />THE 1400-1500 BLOCKS OF POST ROAD IN CONNECTION <br />WITH THE POST ROAD PAVING AND DRAINAGE <br />IMPROVEMENTS PROJECT; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. On March 8, 2004, the City Council adopted Resolution 2004-43R, finding and <br />determining that the Post Road Paving and Drainage Improvements Project (the "Project") is <br />required for the preservation of the public health, safety and welfare and the public convenience <br />and necessity for the citizens of the City, and is for the public purpose of providing for the <br />transportation needs of the citizens of the City and of persons traveling through the City. <br /> <br />2. The Project requires the City to obtain fee simple title to a 1.221 acre tract of real <br />property (the "UPRR Tract") consisting of the 0.159 acre tract of property described on the <br />attached Exhibit "A"-l and the 1.062 acre tract of property described on the attached Exhibit <br />"A" -2, which are incorporated fully in this Resolution by reference; the UPRR Tract is owned by <br />the Union Pacific Railroad Company (the "Owner"). <br /> <br />3. Although the City reached a tentative agreement with the Owner regarding the fair cash <br />market value to be paid for the UPRR tract, the City and the Owner were unable to agree with <br />respect to certain other terms of sale, including limitations insisted upon by the Owner on the <br />City's rights to be acquired. The City has been unable to acquire the UPRR Tract by purchase <br />notwithstanding these negotiations, and further negotiations have become futile. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />P ART 1. The City Council finds and determines that all of the facts contained in the <br />Recitals above are true and correct and are incorporated into this Resolution for all intents and <br />purposes. <br /> <br />PART 2. Public necessity requires the City to acquire the UPRR Tract for the public <br />purpose of providing for the transportation needs of the citizens of the City and of persons <br />traveling through the City by acquiring said tract for an alley, street, or other roadway, and for the <br />straightening, widening, or extending of any alley, street, or other roadway. Public necessity also <br />that the City acquire said tract either through purchase or by the process of eminent domain and <br />