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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compensation for the Property, the City Council wants the City Manager, or his designee, to take all necessary steps to acquire the needed property interests, including, but not limited to the retention of appraisers and other consultants and experts, and the City Attorney, or his designee to institute condemnation proceedings to acquire the necessary property interests in the Property. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. All of the above recitals are hereby found to be true and correct legislative and factual findings of the City Council of the City of San Marcos, Texas, and they are hereby approved and incorporated into this resolution. PART 2. The City Council finds and determines that a public use and necessity exists construct the improvements comprising the Project and that the Project is required for the preservation of the public health, safety and welfare and the public convenience and necessity for the citizens of and persons travelling through the City. PART 3. The City Council further finds and determines that, for purposes of the Project, it is necessary and convenient to acquire, on behalf of the State of Texas, a fee simple interest in the Property, reserving to the owner all of the oil, gas and sulphur in and under the Property, but waiving all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. PART 4. The City Manager or his designee is hereby authorized to do each and every lawful act necessary to acquire the needed interests in the Property, subject to the availability of funds appropriated for such purpose. The City Manager or his designee is further specifically authorized to establish the amount of just compensation to be paid for the acquisition of the Property based upon an independent appraisal, to negotiate for the acquisition of the Property in such amount, to give notices, to make written offers to purchase, to enter into contracts, including a Possession and Use Agreement providing for payment to the owner in an amount up to such appraised value, to retain appraisers, other experts or consultants deemed necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. PART5. If City Manager or his designee is unable to reach agreement as to damages or compensation to be paid for the acquisition of the Property, the City Manager and City Attorney, or their designees, are authorized to conclude negotiations with the owner of the real property interests in the Property needed in connection with the Project, and to initiate and prosecute to conclusion proceedings in eminent domain to acquire a fee simple interest in the Property, save and except the interests reserved to the owner described above, and to take all other lawful action. PART 5. All lawful acts and proceedings done or initiated by the City Manager or his designee and the employees, agents, experts and consultants of the City for the acquisition of the real property interests in the Property needed in connection with the Project are hereby