Res 1999-119 - Laserfiche WebLink

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42. Agreement for Acquisition of Majestic Estates Subdivision Entrance Parcel The parties to this Agreement are the City of San Marcos (the "City"), 630 E. Hopkins Street, San Marcos, TX 78666, and Mike Moffitt (the "Developer"), 58 Snapdragon Court, Lake Jackson, TX 77566. Recitals: 1. The City Planning and Zoning Commission approved the master plan of the proposed Majestic Estates subdivision (the "Subdivision") in July, 1998, with direction to the Developer and the City staff that the entrance road for the Subdivision be realigned to be directly across Ranch Road 12 from Wyatt Drive for traffic safety reasons. 2. The City Council of the City of San Marcos, Texas has determined that the alignment of the public road entrance to the Subdivision directly across Ranch Road 12 from Wyatt Drive (the "Project") is required for the preservation of the public health, safety and welfare and the public convenience and necessity of the City of San Marcos, Texas and its residents. 3. The necessary improvements related to the Project require acquisition by the City of San Marcos of a 0.5 acre, more or less, tract of property described on the attached Exhibit A (the "Property") currently owned by BMC West Corporation (the "Owner"). 4. lfthe Developer and the City are unable to acquire the Property by purchase, the City and the Developer are willing to acquire the Property through the City's eminent domain in accordance with the terms of this agreement. A. A~reements bv the City The City agrees to: 1. Conduct and conclude good faith negotiations with the Owner for acquisition of the Property, including the making of a fmal offer based upon appraisal of the value of part to be taken and .damages to the remainder of the property. 2. File, through the City Attorney, eminent domain proceedings in Hays County Court-at-Law for acquisition of the Property. In this respect, the City will pursue the proceedings through the special commissioners' hearing, provide staff support and testimony about the public purpose for the project, and obtain and file a judgment based on the special commissioners' award. The City agrees to dismiss the eminent proceedings at the request of the Developer if the project is canceled or the award is unacceptable. 3. Accept title to the Property for right-of-way, drainage and utility purposes. 4. Allow construction of the entrance street to Majestic Estates by Developer in accordance with construction plans approved by City, and accept dedication of the entrance street upon completion. B. A~reements by the Developer The Developer agrees to: 1. Provide to the City a survey of the Property prepared by a Texas-registered land surveyor, and provide to the City an appraisal from a Texas-certified real estate appraiser of the value of the Property and the damages, if any, to the remainder of the Owner's property resulting from the acquisition \