Res 2008-046 - Laserfiche WebLink

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RESOLUTION 2008 -46R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF INTERESTS IN REAL PROPERTY FOR THE RIO VISTA TERRACE SUBDIVISION IMPROVEMENT PROJECT; AUTHORIZING THE PURCHASE OF A 1.378 ACRE OF LAND, MORE OR LESS, LOCATED ON RIVERSIDE DRIVE; AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO PURCHASE PART OF SAID PARCEL; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE PURCHASE; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos has proposed a major subdivision revitalization project for the Rio Vista Terrace Subdivision (the "Project "). Part of the project includes areas within the floodplain necessitating improvements in water outfall and water quality management facilities. As part of these improvements, the City is purchasing the parcel of land shown in that attached aerial photograph. 2. The Project is required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of the City because the Project will provide improved water and sanitary sewer service to the citizens as well as providing for improved water quality run -off into the San Marcos River. 3. The Project requires the city to obtain easements, right -of -way, and other interests, including fee simple title, in certain real property in the vicinity of the Project. 4. The City has negotiated with Mr. Eddie V. Gray for the purchase of his interest in a 1.378 acre piece of land located off River Road in Riverview Estates (the "Subject Property"). Even thought he tax office shows that Mr. Gray has a 100% undivided interest in the property, his legal interest only extends to about 5/6 of the land. The City is attempting to determine the ownership of the remaining interest, which was purportedly left in a trust. The bank that would be holding the trust is no longer in existence and the successor bank has no records to evidence that this trust was ever created. In order to secure full title to the property the City may need to condemn the remaining interest. 3. The City has been working diligently to obtain these real property interests through negotiation with the affected property owners, and the City Council wishes to formally authorize the City's staff to proceed with and conclude these negotiations. If the City is unable to determine ownership of the remaining interest in the Subject Property, the City will need to seek condemnation of that interest through eminent domain proceedings.