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RESOLUTION NO. 2013-92R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AUTHORIZING THE CONVEYANCE OF A TWO <br />BLOCK SECTION OF THE WOODS STREET RIGHT -OF -WAY <br />BETWEEN NORTH STREET AND GUADALUPE STREET TO TEXAS <br />STATE UNIVERSITY -SAN MARCOS IN EXCHANGE FOR MULTIPLE <br />UTILITY EASEMENTS NECESSARY FOR THE LOOP 82 /UNION <br />PACIFIC RAILROAD OVERPASS PROJECT AND SUBJECT TO THE <br />REQUIREMENT THAT SUCH SECTION OF WOODS STREET REMAIN <br />OPEN FOR USE BY THE GENERAL PUBLIC; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The Texas Department of Transportation is making improvements to Aquarena <br />Springs Drive in connection with the Loop 82 and Union Pacific Railroad Overpass Project that <br />require the City to relocate various public utilities into new public utility easements on property <br />owned by Texas State University -San Marcos (the "Loop 82 Easements "). <br />2. Texas State University -San Marcos seeks to make improvements to its campus that <br />include enhancements to a two block section of Woods Street between North Street and <br />Guadalupe Street (the "Woods Street Section ") that runs through the campus and is willing to <br />keep the Woods Street Section open as a street for use by the general public while taking over <br />maintenance. <br />3. The City and Texas State University -San Marcos find it mutually beneficial to <br />exchange the Woods Street Section sought by Texas State University -San Marcos for the Loop <br />82 Easements needed by the City provided the Woods Street Section remains open as a street for <br />use by the general public. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS.) <br />TEXAS: <br />PART 1. The exchange of the Woods Street Section for the Loop 82 Easements is <br />hereby authorized subject to the limitations below. <br />PART 2. The City Manager is hereby authorized to execute and deliver a deed to <br />Texas State University -San Marcos in substantially the form attached hereto as Exhibit A and <br />finally approved by the City Attorney, subject to and effective only upon the execution and <br />delivery by Texas State University -San Marcos of easement instruments granting rights for <br />public utilities within the Loop 82 Easements needed by the City, each in a form and for the areas <br />approved by City Staff and the City Attorney. <br />