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RESOLUTION NO. 2013-102R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AUTHORIZING CITY STAFF TO ENTER INTO A <br />POSSESSION AND USE AGREEMENT WITH THE OWNERS OF A 0.238 <br />ACRE TRACT OUT OF LOTS 59 6 AND 7, BLOCK 3, J.H. COMBS <br />ADDITION IN THE AMOUNT OF THE APPRAISED VALUE OF SAID <br />TRACT FOR RIGHT -OF -WAY PURPOSES IN CONNECTION WITH <br />THE HUNTER ROAD /HOPKINS STREET WIDENING AND <br />IMPROVEMENTS PROJECT AND AUTHORIZING STAFF TO <br />NEGOTIATE WITH THE OWNERS FOR THE PURCHASE OF SAID <br />TRACT IN AN AMOUNT UP TO $70,000.00; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The Texas Department of Transportation ( "TXDOT ") is making improvements to <br />Hunter Road/Hopkins Street requiring the acquisition of a 0.238 tract of land out of Lots 5, 6 and <br />7, Block 3, J.H. Combs Addition, as described in Exhibit A. The City is authorized under an <br />Advanced Funding Agreement to acquire such tract on behalf of TXDOT, through condemnation <br />if necessary. <br />2. City staff seeks approval to negotiate with the owners for the acquisition of said <br />tract in an amount up to $70,000.00 and to enter into a Possession and Use Agreement for the <br />appraised value of said tract. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. City staff is hereby authorized to enter into a Possession and Use <br />Agreement with the owners of a 0.238 acre tract out of Lots 5, 6 and 7, Block 3, J.H. Combs <br />Addition in the amount of the appraised value of said tract for right -of -way purposes in <br />connection with the Hunter Road/Hopkins Street Widening and Improvements project and to <br />negotiate with the owners of said tract for the purchase of said tract in an amount up to <br />$709000.00. <br />PART 2. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />ADOPTED on July 2, 2013. <br />(::Daniel Guerrero <br />Mayor <br />