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<br /> 23 <br /> CITY OF SAN MARCOS <br /> RESOLUTION NO. 1989-107R <br /> COUNTY OF HAYS <br /> A RESOLUTION AUTHORIZING INITIATION OF CONDEMNATION <br /> PROCEEDINGS AGAINST MAC HOWARD AND RUTH HOWARD <br /> TO ACQUIRE A 1.307 ACRE PERMANENT DRAINAGE <br /> EASEMENT IN CONNECTION WITH DRAINAGE IMPROVEMENTS <br /> IN THE CITY OF SAN MARCOS <br /> WHEREAS, the City Council of the City of San Marcos has <br /> determined that certain drainage improvements are required for <br /> the preservation of the public health, safety and welfare and the <br /> public convenience and necessity in the City of San Marcos, <br /> Texas; and <br /> WHEREAS, the necessary improvements require acquisition by <br /> the City of San Marcos of a 1. 307 acre permanent drainage <br /> easement over and across certain property currently owned by Mac <br /> Howard and Ruth Howard, said 1. 307 acre drainage easement tract <br /> being more fully described in Exhibit A attached hereto and <br /> incorporated herein for all purposes; and <br /> WHEREAS, the City of San Marcos has previously attempted to <br /> negotiate in good faith for the purchase of said permanent <br /> drainage easement; and <br /> WHEREAS, the City of San Marcos has been unable to acquire <br /> said permanent drainage easement by purchase notwithstanding said <br /> negotiations; <br /> THEREFORE, BE IT RESOLVED by the City Council of the City of <br /> San Marcos, Texas, as follows: <br /> 1. That the 1. 307 acre tract more fully described in <br /> Exhibit A attached hereto and incorporated herein for all <br />