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<br />40 <br /> <br />RESOLUTION 1999- 118 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS AUTHORIZING INITIATION OF <br />CONDEMNATION PROCEEDINGS AGAINST BMC WEST <br />CORPORATION TO ACQUIRE A 0.5 ACRE, MORE OR <br />LESS, TRACT OF LAND IN CONNECTION WITH THE <br />CONSTRUCTION OF A PUBLIC ROAD ACROSS RANCH <br />ROAD 12 FROM WYATT DRIVE; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City Planning and Zoning Commission approved the master plan of the <br />proposed Majestic Estates subdivision (the "Subdivision") in July, 1998, with direction to <br />the Subdivision's developer, Mr. Mike Moffitt (the "Developer"), and the City staff that the <br />entrance road for the Subdivision be realigned to be directly across Ranch Road 12 from <br />Wyatt Drive for traffic safety reasons. <br /> <br />2. The City Council of the City of San Marcos, Texas has determined that the <br />alignment of the public road entrance to the Subdivision directly across Ranch Road 12 <br />from Wyatt Drive (the "Project") is required for the preservation of the public health, safety <br />and welfare and the public convenience and necessity of the City of San Marcos, Texas <br />and its residents. <br /> <br />3. The necessary improvements related to the Project require acquisition by the <br />City of San Marcos of a 0.5 acre, more or less, tract of property (the "Property") currently <br />owned by BMC West Corporation (the "Owner") depicted on ExhibitA attached hereto and <br />incorporated herein for all purposes. <br /> <br />4. The Developer and the City are presently engaged in good faith negotiations <br />for the purchase of the Property from the Owners. <br /> <br />5. The Developer and the City have thus far been unable to acquire the Property <br />by purchase, and may be unable to purchase the Property through negotiations. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The City Council finds and determines that the Property is necessary and <br />essential for the completion of the Project. <br /> <br />PART 2. The Project is required for the preservation of the public health, safety and <br />welfare and the public convenience and necessity of the City of San Marcos and its <br />residents. <br /> <br />PART 3. The City Attorney, Mark B. Taylor, and the City staff are authorized and <br />directed to conduct and conclude, if possible, good faith negotiations with the Owner for <br />the acquisition of the Property by the City, and if these negotiations are unsuccessful, to <br />cause the initiation of condemnation proceedings for the City's acquisition of the Property. <br /> <br />PART 4. This Resolution shall be in full force and effect immediately from and after <br />its passage. <br /> <br />ADOPTED this the 1st day of June <br /> <br />,1999. <br />b~~~ <br /> <br />Billy G. Moore <br />Mayor <br /> <br />Att~St: ~ )' <br />()t)f)Yn{iy; .l);kl.fJdl <br />-jinis K. Wom ck <br />City Secretary <br />