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<br />41. <br /> <br />RESOLUTION 1999 - 119 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN <br />AGREEMENT BETWEEN THE CITY AND MIKE MOFFITT REGARDING <br />THE CITY'S ACQUISITION OF A TRACT OF PROPERTY FROM BMC <br />WEST CORPORATION FOR THE ENTRANCE ROAD TO THE MAJESTIC <br />ESTATES SUBDIVISION; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE AGREEMENT ON BEHALF OF THE CITY AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City Planning and Zoning Commission approved the master plan of the <br />proposed Majestic Estates subdivision (the "Subdivision") in July, 1998, with direction to <br />the Subdivision's developer, Mr. Mike Moffitt (the "Developer"), and the City staff that the <br />entrance road for the Subdivision be realigned to be directly across Ranch Road 12 from <br />Wyatt Drive for traffic safety reasons. <br /> <br />2. The City Council of the City of San Marcos, Texas has determined that the <br />alignment of the public road entrance to the Subdivision directly across Ranch Road 12 <br />from Wyatt Drive (the "Project") is required for the preservation of the public health, safety <br />and welfare and the public convenience and necessity of the City of San Marcos, Texas <br />and its residents. <br /> <br />3. The necessary improvements related to the Project require acquisition by the <br />City of San Marcos of a 0.5 acre, more or less, tract of property (the "Property") currently <br />owned by BMC West Corporation (the "Owner"). <br /> <br />4. If the Developer and the City are un?ble to acquire the Property by purchase, <br />the City is willing to acquire the Property through eminent domain in accordance with the <br />terms of the attached agreement between the City and the Developer. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The terms and conditions of the attached agreement between the City <br />and Mike Moffitt are approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the attached <br />agreement on behalf of the City. <br /> <br />PART 3. This Resolution shall be in full force and effect immediately from and after <br />its passage. <br /> <br />ADOPTED this the 1st day of <br /> <br />June <br /> <br />,1999 <br /> <br />~'~~~ <br /> <br />Billy G. Moore <br />Mayor <br /> <br />Attest: <br />o4J '~0j/ <br />jI a/rdl/t{ flY ~ <br />Janis K. VVomack <br />City Secretary <br />