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<br /> 21 <br /> RESOLUTION 199Ø - 76 R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE <br /> CITY OF SAN MARCOS, TEXAS APPROVING THE <br /> TERMS AND CONDITIONS OF AN EASEMENT <br /> AGREEMENT PERTAINING TO THE RIVER RIDGE <br /> SUBDIVISION; AUTHORIZING THE CITY MANAGER <br /> TO EXECUTE THE AGREEMENT; AND DECLARING <br /> AN EFFECTIVE DATE. <br /> WHEREAS, River Ridge Subdivision was platted and developed by <br /> River Ridge Joint Venture in 1986; and, <br /> WHEREAS, prior to and since the time of development of the <br /> River Ridge Subdivision, Candelario and Camila Hernandez <br /> (Hernandez) and Tim Dorsett and Dorsett Ditching Co., Inc. <br /> (Dorsett) have claimed a right of access across portions of River <br /> Ridge Subdivision to their property situated to the North of the <br /> subdivision; and <br /> WHEREAS, the portion of property claimed by Hernandez and <br /> Dorsett includes a part of Lot 4 of the River Ridge Subdivision, <br /> which is owned by the City for park purposes; and, <br /> vmEREAS, in order to give recognition to the access rights of <br /> Hernandez and Dorsett, and to resolve any potential legal claims <br /> involving these access rights, the City, the present owner of <br /> River Ridge Subdivision, BMC Real Estate, Inc., Hernandez and <br /> Dorsett have proposed an agreement to create a public right-of-way <br /> across an existing paved portion of the above-mentioned Lot 4, and <br /> a private easement across Lot 2 of ~iver Ridge Subdivision; and, <br /> WHEREAS, this agreement would provide for future dedication <br /> of public right-of-way across Lot 2 of River Ridge Subdivision, <br /> subject to the approval of the City Planning Commission, and wi th, <br /> the cost of all road and utility improvements to be borne by <br /> Hernandez and Dorsett, or their successors in interest. <br /> PART 1. That the terms and conditions of the Easement <br /> Agreement attached to this Resolution, between the City, BMC Real <br /> Estate, Inc., Candelario and Camila Hernandez, Dorsett Ditching <br /> Co., Inc. and Tim Dorsett, are hereby approved. <br /> PART 2. That the City Manager, Larry D. Gilley is hereby <br /> authorized to execute the Easement Agreement on behalf of the <br /> City. <br /> PART 3. That this Resolution shall be in full force and <br /> effect immediately from and after its passage. <br /> ADOPTED this the 9th day of July , 1990. <br /> u'~ <br /> Attest: <br /> c1t~ ~~ <br /> City Secretary <br />