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RESOLUTION N0.2008-112R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS DECLARING THE PUBLIC NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE FOR ACQUISITION OF A 2.707 ACRE EASEMENT AND A 5.379 ACRE TEMPORARY EASEMENT OUT OF THE WILLIAM H. VAN HORN SURVEY, ABSTRACT N0. 464, HAYS COUNTY, TEXAS OWNED BY JOQ-SAN MARCOS VENTURES, L.P. FOR THE LOCATION AND CONSTRUCTION OF A RECLAIMED WATER LINE AND RELATED PUBLIC FACILITIES; RATIFYING PREVIOUS NEGOTIATIONS AND ACTIONS; AND DECLARING AN EFFECTIVE DATE. 1. On May 20, 2008, the City Council of the City of San Marcos (the "City") adopted Resolution No. 2008-72R declaring the public necessity for the acquisition of interests in real property, for the purpose of constructing a reclaimed water line and related public facilities (the "Project"), and authorizing the City's staff and real estate acquisition consultants to proceed with and conclude negotiations for the acquisition of such interests in real property in the vicinity of the Project. 2. The Project is required for the preservation of the public health, safety and welfare and for the public convenience and necessity of the citizens of the City because the Project will provide greater use of the City's reclaimed water to expand the City's recycling efforts, and to help maintain the purity of the San Marcos River by decreasing effluent flow into the river. 3. The City has been working diligently to obtain these real property interests through negotiation with the owners of real property in the vicinity of the Project, including JOQ-San Marcos Ventures, L.P. JOQ-San Marcos Ventures, L.P. is the owner of certain real property out of the William H. Van Horn Survey, Abstract No. 464, Hays County, Texas over, across, upon and under which it is necessary locate and construct portions of the Project. Specifically, JOQ- San Marcos Ventures L.P. owns a 2.707 acre tract of land as described by metes and bounds in the attached Exhibit "A", made a part hereof for all purposes (the "Easement Tract") and a 5.379 acre tract of land out of the William H. Van Horn Survey, Abstract No. 464, Hays County, Texas as described by metes and bounds in the attached Exhibit "B", made a part hereof for all purposes (the "Temporary Easement Tract"). It is necessary for the City to acquire an easement (the "Easement") over, across, upon and under the entire Easement Tract for the permanent location and construction of portions of the Project and a temporary easement (the "Temporary Easement") over, across, upon and under the entire Temporary Easement Tract for conducting activities related to the initial construction of the portions of the Project to be located within the Easement Tract. 4. The City has previously made an offer to JOQ-San Marcos Ventures, L.P. for the acquisition of the Easement and the Temporary Easement based upon a written appraisal from a certified fee appraiser, for the fair cash market value thereof, but has been unable to agree with