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<br />63 <br /> <br />RESOLUTION 1999 - 55 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SAN MARCOS, TEXAS <br />APPROVING THE EXCHANGE OF A PORTION <br />OF LOT 1, BLOCK 5 WITH A PORTION OF <br />LOT 56 (DETENTION POND), BLOCK 2 OF <br />PHASE I TO THE HILLS OF HAYS TO <br />WEATHERBY HOMES, INC.; AUTHORIZING <br />THE CITY MANAGER TO EXECUTE A DEED; <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City is the owner of the portion of Lot 56, Block 2 of Phase I, Hills of Hays, as <br />described in the deed attached to this resolution as Exhibit A. <br /> <br />2. Weatherby Homes Inc, (the developer) is the owner of Lot 1, Block of Phase I, Hills <br />of Hays, as described in the deed attached to this resolution as Exhibit B; and they have <br />constructed a house on the lot which encroaches onto the City owned property described <br />above. <br /> <br />3. Staff analysis has been made that has determined that there is no present or <br />anticipated future need for the City to retain the property described in Exhibit A. <br /> <br />4. The tract of property described in Exhibit A cannot be used independently because <br />of its shape and small area, and the property is therefore eligible for exchange to the <br />abutting property owner, Weatherby Homes, 'Inc. without a public bidding or auction <br />process; a written appraisal obtained by the City indicates that the tract of property <br />described in Exhibit A is equivalent to the value of the tract of property described in Exhibit <br />B. <br /> <br />5. The City has complied with the requirements of Section 272.001 (b)(1) ofthe Texas <br />Local Government Code regarding the exchange of real property. <br /> <br />6. The Zoning Board of Adjustments has approved a variance to the rear setback <br />requirement for the existing house on the lot. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The exchange of the parcel of real property described in the attached <br />Exhibit A for the parcel of property owned by Weatherby Homes, Inc. described in the <br />Attached Exhibit B is approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the <br />attached Special Warranty Deed conveying to Weatherby Homes, Inc. the property <br />described above. <br /> <br />PART 3. <br />passage. <br /> <br />This Resolution shall be in full force and effect from and after its <br /> <br />ADOPTED this 22nd <br /> <br />day of <br /> <br />March 1999. <br /> <br />~~~~ ~ <br /> <br />Billy G. Moore <br />Mayor <br /> <br />~t st: ( ) ";1'" j <br />/11 ..' - :/ r$:" <br />. 7 /lAI;I/~ ~I ~1v/10~lJJ <br />JnlS K. Worhac~ <br />City Secretary <br />