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<br /> 97
<br /> RESOLUTION 1985-11R
<br /> A RESOLUTION OF THE CITY COUNCIL OF THE
<br /> CITY OF SAN MARCOS, TEXAS, AUTHORIZING
<br /> AND APPROVING THE PAYMENT OF THE SUM OF
<br /> $93,259.00 TO STATE BANK AND TRUST
<br /> COMPANY, AS TRUSTEE OF THE MAUDE T.
<br /> PATTERSON TRUST, m'lNER OF A 2.923 ACRE
<br /> TRACT AND A 45.762 ACRE TRACT OF PROPERTY
<br /> OUT OF THE T.G. MCGEHEE SURVEY IN HAYS
<br /> COUNTY, TEXAS, SAID AMOUNT BEING THE
<br /> AMOUNT OF THE AWARD OF THE SPECIAL
<br /> COMMISSIONERS IN THAT CERTAIN EMINENT
<br /> DOMAIN PROCEEDING FILED BY SAID CITY ON
<br /> OCTOBER 10, 1984 IN THE COUNTY COURT AT
<br /> LAW OF HAYS COUNTY, TEXAS; AND DECLARING
<br /> AN EFFECTIVE DATE.
<br /> WHEREAS, pursuant to resolution duly adopted on March
<br />5, 1984, the City of San Marcos, Texas, instituted a certain
<br />eminent domain proceeding on October 10, 1984, being Cause
<br />Number 3595 in the County Court at Law of Hays County,
<br />Texas, a copy of Plaintiff's Statement Or Petition In
<br />Eminent Domain being attached hereto and incorporated herein
<br />for all purposes, in which it sought judgment vesting fee
<br />simple title in said City in and to a 2.923 acre tract for
<br />the purpose of installing and maintaining electronic and
<br />electrical equipment and structures to provide precision
<br />approach procedures to aircraft utilizing Runway 12 of the
<br />San Marcos Municipal Airport, and an easement on, over and
<br />across a 45.762 acre tract for the purpose of establishing,
<br />creating and maintaining a clear zone to provide control and
<br />rights to the air space within the approach surface to
<br />Runway 12 of the San Marcos Municipal Airport, said tracts
<br />being out of the T.G. McGehee Survey in Hays County, Texas;
<br />and,
<br /> WHEREAS, on January 22, 1985, the Special Commissioners
<br />convened and, after hearing and considering the evidence and
<br />argument of the parties, found the market value of the 2.923
<br />acre tract to be $13,446.00, the market value of the
<br />easement interest in the 45.762 acre tract to be $70,153.00,
<br />and special injuries sustained by the remainder to be
<br />$9,660.00, for a total sum of $93,259.00 in damages to the
<br />owners occasioned by said takings; and,
<br /> WHEREAS, on January 31,1985 , the Award Of The Special
<br />Commissioners was filed with the Judge of the County Court
<br />at Law of Hays County, Texas, reducing the decision of said
<br />Special Commissioners to writing; now, therefore,
<br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS:
<br /> PART 1. That pursuant to the Award Of Special
<br />Commissioners in Cause Number 3595 in the County Court at
<br />Law of Hays County, Texas, the payment of the sum of
<br />$93,259.00 to State Bank and Trust Company, Trustee, as
<br />Trustee of the Maude T. Patterson Trust, owner of a 2.923
<br />acre tract and a 45.762 acre tract out of the T.G. McGehee
<br />Survey in Hays County, Texas made the subject of that
<br />certain eminent domain proceeding referred to hereinabove,
<br />is hereby in all things approved.
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