Res 2013-098/The use of power of eminent domain to acquire on behalf of the State of Texas, fee simple title to a 0.321 acre tract of land for State Highway Improvements in teh Vicinity of State Hwy. 80

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RESOLUTION NO. 2013-98R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE, ON BEHALF OF THE STATE OF TEXAS, FEE SIMPLE TITLE TO A 0.321 ACRE TRACT OF LAND, MORE OR LESS, OUT OF AND PART OF THE JUAN MARTIN DE VERAMENDI SURVEY, ABSTRACT NO. 17, IN HAYS COUNTY, TEXAS, SAME BEING ALL OF LOT 1, CULLEN C. CREWS FIRST ADDITION, LOCATED AT 777 EAST HOPKLNS S T R E E T , FOR PUBLIC RIGHT OF WAY PURPOSES AND USES RELATED TO STATE HIGHWAY IMPROVEMENTS IN THE VICINITY OF STATE HIGHWAY 80 AND INTERSTATE HIGHWAY 35; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED INTERESTS IN THE PROPERTY IN COMPLIANCE WITH ALL APPLICABLE LAWS; AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS AS NECESSARY TO ACQUIRE SAID PROPERTY INTERESTS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The State of Texas, through the Texas Department of Transportation ( "TXDOT ") seeks to constrict improvements to the State Highway system in the vicinity of State Highway 80 ("SH 89) and Interstate Highway 35 ( "IH -35') to improve traffic circulation and alleviate congestion. The improvements include establishing an alternate left turn lane from Hopkins Street onto Interstate 35 and a new right turn lane from tine southbound IH -35 frontage road onto Hopkins Street (the "Project"). 2. For the public uses of the Project, it is necessary and convenient to acquire fee simple title, save and except oil, gas and sulphur, to 0.321 acres of land out of and part of the Juan Martin de Veramendi Survey, Abstract No. 17, in Hays County, Texas, same being all of Lot 1, CWllen C. Crews First Addition, located at 777 East Hopkins Street; as more fully described in Exhibit "A ", attached hereto and made a part hereof for all purposes (the "Property' Property' ). 3. The public uses of the Project are required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of and persons travelling through the City. The City of San Marcos has, accordingly, entered into an Advanced Funding Agreement with TXDOT to acquire the Property on behalf of the State of Texas to enable TXDOT to implement the Project 4. If City staff is unable to reach agreement on the price to be paid as just