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<br /> 170 <br /> RESOLUTION 1989-45R <br /> A RR(~(ìLfíTION OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS, AUTHORIZING AND APPROVING THE PAYMENT OF <br /> THE SUM OF $12,350.00 TO R.F. SOWELL AND JANE H. <br /> SOWELL, OWNER OF A .171 ACRE TRACT OF REAL PROPERTY OUT <br /> OF THE ELIJAH CLARK LABOR SURVEY NO. 11, ABSTRACT NO. <br /> 83 IN HAYS COUNTY, TEXAS, SAID AMOUNT BEING THE AMOUNT <br /> OF THE AWARD OF SPECIAL COMMISSIONERS IN THAT CERTAIN <br /> EMINENT DOMAIN PROCEEDING FILED BY SAID CITY ON ~.1ARCH <br /> 3, 1988 IN THE COUNTY COURT-AT-LAW NO. 1 OF HAYS <br /> COUNTY, TEXAS; AND, AUTHORIZING AND APPROVING THE <br /> PAYMENT OF ALL COSTS ASSESSED BY SAID COURT AGAINST THE <br /> CITY OF SAN MARCOS; AND DECLARING AN EFFECTIVE DATE. <br /> WHEREAS, pursuant to Resolution duly adopted on July 27, 1987, the <br /> City of San Marcos, Texas, instituted a certain eminent domain <br /> proceeding on March 3, 1987, being Cause No. 4156 in the County <br /> Court-At-Law No. 1 of Hays County, Texas, a copy of Plaintiff's <br /> Original Petition being attached hereto and incorporated herein for <br /> all purposes, in which it sought judgment vesting fee simple title in <br /> said City in and to a .171 acre tract for the purpose of <br /> reconstructing, straightening and realigning the intersection of Ranch <br /> Road 12, Bishop Street and North L.B.J. Street in Hays County, Texas, <br /> said tract be i ng out of the Elijah Clark Labor Survey No. 11, in <br /> Hays County, Texas; and, <br /> vmEREAS, on April 28, 1989, the Special Commissioners convened <br /> and, after hearing and considering the evidence and argument of the <br /> parties, found the market value of the .171 acre tract to be <br /> $12,350.00; and, <br /> WHEREAS, on May 5 , 1989, the Statement of Award of the <br /> Special Commissioners was filed with the Judge of the Count\T <br /> .l <br /> Court-At-Law No. 1 of Hays County, Texas; now, therefore, <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> PART 1. That pursuant to the award of the Special Commissioners <br /> in Cause No. 4156 in the County Court-At-Law No. 1, of Hays <br /> County, Texas, the payment of the sum of $12,350.00 to R.F. Sowell and <br /> Jane H. Sowell, owners of a .171 acre tract out of the Elijah <br /> Clark Labor Survey No. 11, in Hays County, Texas, made the subject of <br /> that certain eminent domain proceeding reference to hereinabove is <br /> hereby authorized and approved. <br /> PART 2. That the City Manager of the City of San Marcos, Larry <br /> Gilley, is authorized and directed to make such payments for all <br /> costs associated wi th said Commissioners Court hearing which are <br /> assessed against said City by said County Court-At-Law. <br /> PART 3. That this Resolution shall be in full force and effect <br /> from and after its passage. <br /> ADOPTED this 8 day of Ma~989' ~ <br /> M ~ns <br /> - ) dJ~ r¡J/Jv"-tUV/ <br /> J nis K. Womack <br /> City Secretary <br />