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I I I 76. RESOLUTION NO. 2006- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PERMANENT AND TEMPORARY EASEMENTS IN AND TO 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. On April 18, 2006, the San Marcos City Council approved a resolution authorizing pursuit of eminent domain proceedings for the acquisition of interests in land related to the Project. This resolution replaces and supercedes the April resolution. 3. The Project requires the City to obtain permanent and temporary easements in, on, under, and across, and adjacent to 0.912 acres of land that is part of Lot 1, San Marcos Distribution Center Tract J.M. Veramendi League No.1, hereinafter sometimes referred to as the "San Marcos Distribution Center Tract," 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 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 permanent and temporary easements in, on, under, and across, and adjacent to said San Marcos Distribution Center Tract for the construction, ooperation, and maintenance 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.