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<br />RESOLUTION NO. 2007- 120 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AUTHORIZING EMINENT DOMAIN <br />PROCEEDINGS TO ACQUIRE FROM MILTON DANIEL BUIE <br />PROPERTIES PARTNERSHIP THREE PARCELS OF LAND <br />TOTALING 26.9703 ACRES, MORE OR LESS, OUT OF THE JOHN <br />WILLIAMS SURVEY ABSTRACT 4, AND IN THE THOMAS <br />CHAMBERS SURVEY, ABSTRACT 2, IN HAYS COUNTY, TEXAS IN <br />CONNECTION WITH THE WONDER WORLD DRIVE EXTENSION <br />PROJECT; RATIFYING PREVIOUS NEGOTIATIONS AND ACTIONS; <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City of San Marcos, in partnership with the Texas Department of <br />Transportation, is in the process of extending Wonder World Drive from Hunter Road to <br />RR 12 (the "Project"). This Project is undertaken to provide an alternate route around <br />the City thereby relieving City streets and residents from some of the commercial traffic <br />that is currently passing through the City. <br /> <br />2. The Project is required for the preservation of the public health, safety and <br />welfare, and for the public convenience and necessity for the citizens of the City <br />because the Project will provide a route around part of the City, and will relieve some of <br />the present traffic congestion. <br /> <br />3. The Project is for the public purpose of providing better transportation in the <br /> <br />City. <br /> <br />4. The Project requires the City to obtain fee simple title to the 26.9703-acre <br />tract of real property described on the attached Exhibit A (the "Property"), which is <br />incorporated fully in this Resolution by reference; the Property is owned by the Milton <br />Daniel Buie Property Partnership (the "Owner"). <br /> <br />5. Although the City has previously made a duly approved offer to the Owner <br />based upon a written appraisal by an independent fee appraiser, a copy of which <br />appraisal has been delivered to the Owner, for the fair cash market value of the <br />Property, the City has been unable to agree with the Owner as to the fair cash market <br />value thereof and consideration to be paid the Owner for the Property. The City has <br />been unable to acquire the Property by purchase notwithstanding these negotiations, <br />and further negotiations have become futile. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />