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<br />199. <br /> <br />RESOLUTION NO. 2001 - 146 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS APPROVING A CONSERVATION <br />EASEMENT AND RIGHT OF FIRST REFUSAL TO BE <br />GRANTED TO THE CITY BY ANN MARY CARNEY AND <br />ROBERT WHYBURN REGARDING PROPERTY AT 224 <br />RIVERSIDE DRIVE; AUTHORIZING THE CITY MANAGER <br />TO EXECUTE THE AGREEMENT; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Ann Mary Carney and Robert Whyburn are the owners of the river front lot located <br />at 224 Riverside Drive (the "Property"), and they have proposed the construction of a cabin <br />on the Property. <br /> <br />2. The Planning and Zoning Commission has approved the issuance of a San Marcos <br />River Corridor permit, and the Zoning Board of Adjustments has approved variances, in <br />connection with the construction of the cabin on the Property, and the permit and variances <br />were conditioned on the granting to the City of a conservation easement restricting the <br />uses that can be made of the Property. <br /> <br />3. The City Manager has negotiated a right of first refusal with Ms. Carney and Mr. <br />Whyburn regarding the possible future sale of the Property. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The attached Conservation Easement to be granted to the City by Ann Mary <br />Carney and Robert Whyburn regarding the Property is approved. <br /> <br />PART 2. <br /> <br />The attached Right of First Refusal regarding the Property is approved. <br /> <br />PART 3. <br /> <br />This Resolution shall be in full force and effect from and after its passage. <br /> <br />ADOPTED on August 27, 2001. <br /> <br />/)~ ~" <br /> <br />David Chiu <br />Mayor <br /> <br />A tte.s t: <br />/' \ <br />/~''''i/ <br />Ii/,'"j <br />/ <br />Janis K. <br />City Clerk <br /> <br />