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<br />133. <br /> <br /> II) <br /> n~ ...,. 0 <br /> ~ ~~ <br />I ~ a:ltI <br />C'-.J w~ <br />w~ ...... ..Jc <br />Oed <br />~ ~ >-00 <br />I- ....- <br />-0 <br /> L" 0>- <br /> ~ c. == <br /> 0 <br /> <br />I <br /> <br />I <br /> <br />ORDINANCE NO. 2004 - R'i <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE GRANTING OF THREE <br />EASEMENTS TO GUADALUPE-BLANCO RIVER AUTHORITY IN <br />CONNECTION WITH GBRA'S IH-35 WATER TRANSMISSION <br />MAIN PROJECT, AUTHORIZING THE CITY MANAGER TO <br />EXECUTED THE EASEMENTS, AND PROVIDING AN EFFECTIVE <br />DATE <br /> <br />RECITALS: <br /> <br />1. The Guadalupe-Blanco River Authority ("GBRA") is in the process of constructing its IH-35 <br />Water Transmission Main Project, which will supply treated potable water from the City's water <br />treatment plant to the cities of Kyle and Buda and other water suppliers to the north of San Marcos. <br /> <br />2. As part of the project, GBRA has requested three easements from the City: <br /> <br />A. An easement for the construction of a pump station and a treated water pipeline within <br />the water treatment plant site <br />B A treated water pipeline easement along Highway 21 within the Gary Park property that <br />contains the soccer and softball fields. <br />C. A treated water pipeline easement along State Highway 21 along the edge of the San <br />Marcos Municipal Airport. <br /> <br />3 The City staff has negotiated with GBRA the terms for the City's voluntar,' granting of the <br />first and third easements listed above. As to the second easerTlent listed above, the property is <br />dedicated parkland that has been improved with Texas Parks and Wildlife Department grant funds, <br />and the City staff secured the approval of the Parks and Wildlife Department for the easement since <br />the pipeline will not interfere with current surface use of the park. However, in connection with the <br />City Charter restrictions on conveyances of parkland, the City staff was not able to negotiate a <br />voluntary grant of the easement with GBRA since there is no clearly identifiable benefit to the <br />parkland from the pipeline project. This second easement must therefore be approved as an <br />involuntary conveyance under threat of eminent domain, with the proceeds to be restricted to park <br />acquisition or improvements. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br /> <br />SECTION 1. The voluntary grant of the following easements to the Guadalupe-Blanco <br />River Authority in the form attached to this ordinance is approved. <br /> <br />A. An easement for the construction of a pump station and a treated water pipeline within <br />the water treatment plant site. <br />B. A treated water pipeline easement along S~ate Highway 21 along the edge of the San <br />Marcos Municipal Airport. <br /> <br />SECTION 2. The involuntary grant of the following easement to the Guadalupe-Blanco River <br />Authority, under threat of eminent domain, in the form attached to this ordinance is approved <br /> <br />A treated water pipeline easement along Highway 21 within the Gary Park property that <br />