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<br />~ <br />~ ~ <br />0_' ~ <br />t.:) ....... <br />UJ.s <br />::!~ <br />LL~ <br />:( <br /> <br />9. <br /> <br /> <br />~~ <br />~:; <br />i..U:! <br />a::: , = <br />td~ <br />0:;,)_ <br />~Q <br />_b <br />c..;:lC3 <br /> <br />ORDINANCE NO. 1999-95 <br /> <br />AN ORDINANCE OF THE CITY OF SAN MARCOS AUTHORIZING AND <br />APPROVING AN EXCHANGE OF LAND PURSUANT TO PUBLIC BIDS; <br />MAKING FACT FINDINGS; AND PROVIDING FOR OTHER MATTERS. <br /> <br />Whereas, the City of San Marcos (the "City") advertised bids for the exchange of Lot A, <br />Municipal Airport Subdivision, San Marcos, Hays County, Texas ("Lot A"), for open space land <br />within the City that meets certain requirements of the City; <br /> <br />Whereas, the City received a good and sufficient offer to exchange tracts totaling 20.95 acres, <br />or more, meeting the bid requirements and having a value equal or greater than Lot A; <br /> <br />Whereas, by Resolution, dated January 25, 1999, the City Council of the City accepted the bid <br />of Cal-Tex Holdings, Inc. ("Cal-Tex") to exchange the 20.95 acre tract of land for Lot A; <br /> <br />Whereas, the City and Cal- Tex have delayed closing the land exchange until the City resolves <br />other public access, transportation, traffic flow and planning issues in areas neighboring Lot A; <br /> <br />Whereas, it is in the public interest and necessary to the planning and layout of the City, for <br />the City to dedicate a public right-of-way ("ROW") to connect IH-35 with Leah Avenue; <br /> <br />Whereas, to obtain ROW required for the proper alignment of a future road connecting IH-35 <br />and Leah Avenue, the City platted Lot A and took a seventy foot (70') ROW from Lot A; <br /> <br />Whereas, the transportation system, tax base and public welfare of the City will benefit from <br />the exchange of land pursuant to the public bids advertised by the City; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, THAT: <br /> <br />Section 1. Findings of Fact. The findings and recitations set out hereinabove are found to <br />be true and correct and are hereby adopted by the City Council and made a part hereof for all <br />purposes as findings of fact. <br /> <br />Section 2. Exchange of Land for Open Space Land. The City Council hereby authorizes <br />and directs the exchange of land between the City and Cal- Tex pursuant to the public bids, the <br />execution and delivery of a Special Warranty Deed by the City conveying Lot A to Cal-Tex in <br />consideration of Cal-Tex executing and delivering to the City a Special Warranty Deed to the <br />20.95 acre tract, and further hereby approves, ratifies and confirms the Resolution, dated <br />January 25, 1999, whereby the City Council accepted the bid of Cal-Tex Holdings, Inc. <br /> <br />Section 3. Closing and Recording. The City Council hereby authorizes and directs the City <br />Manager of the City to execute and deliver the above referenced Special Warranty Deed and <br />instruments authorized to be executed and delivered by the City, in exchange for the properly <br />