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RESOLUTION NO. 2012 - 69 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN AND DECLARING THE P U B L I C NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A 0.205 ACRE TRACT OF LAND OUT OF LEAGUE NO. 1 OF THE JUAN MARTIN VERAMENDI TWO LEAGUE GRANT, IN HAYS COUNTY, TEXAS, SAME BEING OUT OF THE REMAINING PORTION OF AN 80.72 ACRE TRACT REFERENCED AS "FIRST TRACT" CONVEYED TO E. M. CAPE IN A DEED RECORDED IN VOLUME 108, PAGE 369 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, LOCATED ADJACENT TO THE CROSSING OF CAPE ROAD OVER THE SAN MARCOS RIVER, FOR PUBLIC RIGHT OF WAY USES RELATED TO THE REBUILDING OF THE CAPE ROAD BRIDGE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS; AUTHORIZING THE CITY ATTORNEY OR H IS DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS AS NECESSARY TO ACQUIRE SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City Council of the City of San Marcos, Texas, has determined that 0.205 acres of land out of League No. l of the Juan Martin Verarnendi Two League Grant, in Ha s County, Texas, located adjacent to the crossing of Cape Road over the San Macros River, as more fully described in Exhibit "A", attached hereto and made apart hereof for all piuposes (the "Property'), is appropriate and necessary for use by the City of San Marcos for public right -of -way uses and improvements related to the rebuilding of the Cape Road Bridge (the "Project "), and that there exists a public necessity to acquire the Property, in fee simple title, for the Project. 2. City staff has negotiated with the owner of the Property in an attempt to reach an agreement on the price to be paid as just compensation for the Property but was unable to reach an agreement on the price. 3. Because the City was unable to reach agreement on the price to be paid as just compensation for the Property, the City Council wants the City Manager, or his designee, to take all necessary steps to acquire the needed property interests, including but not limited to the retention of appraisers and other consultants and experts, and the City Attorney, or his designee to institute condemnation proceedings to acquire the necessary property interests in the Property.