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14 RESOLUTION 1991 - 69 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE TERMS AND CONDITIONS OF A REVISED EASEMENT AGREEMENT PERTAINING TO THE RIVER RIDGE SUBDIVISION¡ AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT¡ AND DECLARING AN EFFECTIVE DATE. WHEREAS, River Ridge Subdivision was platted and developed by River Ridge Joint Venture in 1986¡ and, WHEREAS, prior to and since the time of development of the River Ridge Subdivision, Candelario and Camila Hernandez (Hernandez) and Tim Dorsett and Dorsett Ditching Co., Inc. (Dorsett) have claimed a right of access across portions of River Ridge Subdivision to their property situated to the North of the subdivision¡ and WHEREAS, the portion of property claimed by Hernandez and Dorsett includes a part of Lot 4 of the River Ridge Subdivision, which is owned by the City for park purposes¡ and, WHEREAS, in order to give recognition to the access rights of Hernandez and Dorsett, and to resolve any potential legal claims involving these access rights, the City Council in Resolution 199Ø-76 approved a proposed agreement to create a public right-of-way across an existing paved portion of the above-mentioned Lot 4, and a private easement across Lot 2 of River Ridge Subdivision¡ and, WHEREAS, Hernandez and Dorsett have requested certain changes in the agreement which do not affect the City¡ and, WHEREAS, this revised agreement would provide for future dedication of public right-of-way across Lot 2 of River Ridge Subdivision, subject to the approval of the City Planning Commission, and with the cost of all road and utility improvements to be borne by Hernandez and Dorsett, or their successors in interest¡ and "'¡HEREAS, the execution of the revised agreement by the City is not to be viewed as the consent of the City, express or implied, to the location or character of required roadway access to the Hernandez or Dorsett properties upon development, thé right to grant any such consent being expressly reserved to the City Planning Commission¡ now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That the terms and conditions of the Easement Agreement attached to this Resolution, between the City, BMC Real Estate, Inc., Candelario and Camila Hernandez, Dorsett Ditching Co., Inc. and Tim Dorsett, are hereby approved. PART 2. That the City Manager, Larry D. Gilley is hereby authorized to execute the Easement Agreement on behalf of the City. PART 3. That this Resolution shall be in full force and effect immediately from and after its passage. ADOPTED this the 28thday of May , 1991. - ~i~l\1\ ~ athy M. rrlS Mayor