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<br />I <br /> <br />I <br /> <br />I <br /> <br />. <br /> <br />RESOLUTION NO. 2007- 109 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN <br />PROCEEDINGS TO ACQUIRE FROM MARION H. WILLS AND <br />FLORRIE WILLS A 12.8678-ACRE TRACT OF LAND OUT OF <br />THE LYDIA GLASGOW SURVEY NO. 14, ABSTRACT 188, <br />AND THE JOHN WILLIAMS SURVEY, ABSTRACT 471, IN <br />HAYS COUNTY, TEXAS IN CONNECTION WITH THE <br />WONDER WORLD DRIVE EXTENSION PROJECT; <br />RATIFYING PREVIOUS NEGOTIATIONS AND ACTIONS; <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECIT ALS: <br /> <br />1. The City of San Marcos, in partnership with the Texas Department of Transportation, <br />is in the process of extending Wonder World Drive from Hunter Road to RR 12 (the "Project"). <br />This project is undertaken to provide an alternate route around the City thereby relieving City <br />streets and residents from some of the commercial traffic that is currently passing through the <br />City. <br /> <br />2. The Project is required for the preservation of the public health, safety and welfare, <br />and for the public convenience and necessity for the citizens of the City because the Project will <br />provide a route around part of the City, and will relieve some ofthe present traffic congestion. <br /> <br />3. The Project is for the public purpose of providing better transportation in the City. <br /> <br />4. The Project requires the City to obtain fee simple title to the 12.8678-acre tract of real <br />property described on the attached Exhibit A (the "Property"), which is incorporated fully in this <br />Resolution by reference; the Property is owned by Marion H. Wills and wife, Florrie Wills (the <br />"Owner"). <br /> <br />5. Although the City has previously made a duly approved offer to the Owner based upon <br />a written appraisal by an independent fee appraiser, a copy of which appraisal has been delivered <br />to the Owner, for the fair cash market value of the Property, the City has been unable to agree <br />with the Owner as to the fair cash market value thereof and consideration to be paid the Owner <br />for the Property. The City has been unable to acquire the Property by purchase notwithstanding <br />these negotiations, and further negotiations have become futile. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />P ART 1. The City Council finds and determines that the Proj ect is required for the <br />preservation of the public health, safety and welfare and the public convenience and necessity for <br />the citizens of the City, and is for the public purpose of providing better transportation in the <br />City. <br /> <br />Page 1 <br />