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<br /> 1/1 <br />~ 0 <br />- ~~ <br />~ <br />11 ~ [(nl <br />N w:E <br />.,....04 ...J c: <br />anl <br />C'l >-00 <br />....- 1-- <br />-0 <br />W U>- <br />!;( 0 == <br /> 0 <br /> <br />ORDINANCE NO. 2004 - 84 <br /> <br /> 129. <br />0 )10 <br />-<0 :z ~J] <br />0 <br />0- < <br />OO~ <br />!:u() <= ~r <br />::::Jr t.:) !lm <br />s::m r-> go <br />III ::D C=>> ~ <br />c:; ^ C=>> <br />0 ..".. s::: <br />1/1 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE RELEASE OF A PUBLIC <br />UTILITY EASEMENT ALONG STATE HIGHWAY 21 TO TEXAS <br />STATE UNIVERSITY-SAN MARCOS IN EXCHANGE FOR <br />AMENDMENTS TOA WATER LINE EASEMENT, IN CONNECTION <br />WITH GBRA'S IH-35 TREATED WATER TRANSMISSION MAIN <br />PROJECT; AND PROVIDING AN EFFECTlVE DATE. <br /> <br />RECITALS. <br /> <br />1 Texas State University-San Marcos granted the City two easements in 1997, a 20 foot <br />wide water line easement and a 50 foot wide public utility easement, along State Highway 21 in the <br />area of the university's Driver Training Facility, and the City has not yet installed a water pipeline <br />using these easements <br /> <br />2. The Guadalupe-Blanco River Authority is in the process of constructing its IH-35 Water <br />Transmission Main Project, which will supply treated potable water from the City's water treatment <br />plant to the cities of Kyle and Buda and other water suppliers to the north of San Marcos, and GBRA <br />needs to acquire an easement from Texas State University-San Marcos for this project. <br /> <br />I <br /> <br />3 Texas State University-San Marcos has agreed to revise the terms of the City's 20 foot <br />wide easement, to add a 30 foot wide temporary construction easement adjacent to it, and the <br />Engineering Department staff has determined that the City's future needs in the area can be <br />satisfied with the proposed amended easement; this will allow Texas State University-San Marcos <br />to grant an easement to GBRA to locate its VlBter line on the airport side of the City's future water <br />line. <br /> <br />4. The City Council wishes to approve the release to Texas State University-San Marcos of <br />the existing 50 foot easement in exchange for amendments to the 20 foot easement, including the <br />addition of the 30 foot temporary easement. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br /> <br />SECTION 1. The release of the City's existing 50 foot public utility easement to Texas <br />State University-San Marcos in exchange for the attached Amended Easement Agreement between <br />the City and Texas State University-San Marcos is approved. <br /> <br />SECTION 2. The City Manager, Dan O'Leary, is authorized to execute the attached <br />Amended Easement Agreement and Release of Easement on behalf of the City. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in full force if they can be given effect without the invalid portion. <br /> <br />I <br /> <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br /> <br />SECTION 4, This Ordinance will take effect 10 days after the date of its final passage, and <br />the City Secretary Will publish notice of its adoption in a newspaper of general circulation in the City <br />