Res 2006-068 - Laserfiche WebLink

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I I I 18. RESOLUTION NO. 2006-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE AN EASEMENT IN A 0.912- ACRE TRACT OF LAND OUT OF AND PART OF LOT 1, SAN MARCOS DISTRIBUTION CENTER IN CONNECTION WITH THE HUNTER ROAD SANITARY SEWER PROJECT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On February 7, 2006, the City Council adopted a resolution declaring the public necessity for acquisition of interests in real property in connection with the Hunter Road Sanitary Sewer Project (the "Project"), and authorizing the City's staff and real estate acquisition consultants to proceed with and conclude negotiations for acquisition of easements, rights-of-way or other interests in real property in the vicinity of the Project. 2. The Project requires the City to obtain an easement to 0.912 acres of land that is part of Lot 1, San Marcos Distribution Center, lM. Veramendi League No.1, more particularly described in the attached Exhibit A which is incorporated fully in this Resolution by reference. 4. The City has previously made a duly approved offer based on a written appraisals by an independent fee appraiser, a copy of which appraisal has been delivered to the respective Owner, for the fair cash market value of the easement, and the City has been unable to agree with the Owner as to the fair cash market value thereof. The City has been unable to acquire said tract by purchase notwithstanding these negotiations, and further negotiations have become futile. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: P ART 1. Public necessity requires the City to acquire the Easement for the public purpose of providing for the sanitary sewer needs of the citizens of the City by acquiring an easement in said tract for the construction of a sanitary sewer line. Public necessity also requires that the City acquire said easement either through purchase or by the process of eminent domain and that the City take all other lawful action necessary and incidental to such purchase or eminent domain proceeding. Part 2. The City Council directs and authorizes the City Manager, staff, agents, and retained attorneys to institute and prosecute to conclusion all necessary proceedings to condemn an easement in the San Marcos Distribution Center tract, and to take any other legal action necessary and incidental to such acquisition or eminent domain proceedings to survey, both lineal and archaeological, and to appraise, define, specify, and secure such property interest.