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r 1 I I L__ /9{P A RESOLUTION DECLARING A'PUBLIC NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN PRIVATELY OWNED REAL PROPERTY IN SAN MARCOS, HAYS COUNTY, TEXAS, FOR PUBLIC PURPOSES, TO-WIT: CONSTRUCTION OF SESSOM DRIVE; AND DIRECTING THE CITY ATTORNEY TO AUTHORIZE THE CITY OF' SAN MARCOS THROUGH ITS ATTORNEYS PURSUANT TO CONTRACT WITH THE CITY TO INSTITUTE AND PROSECUTE TO CONCLUSION CONDEMNATION PROCEEDINGS TO ACQUIRE SO MUCH THEREOF AS CANNOT BE ACQUIRED THROUGH NEGOTIATION. WHEREAS, the CITY OF' SAN MARCOS, HAYS COUNTY, TEXAS, is involved in efforts to improve social, economic and physical problems existing in the City of San Marcos; and WHEREAS, plans and specifications for the construction of Sessom Drive have been completed by the City'S Consulting Engineers; and WHEREAS, an offer has been made to the hereinafter named property owners for fee simple title, including all improvements thereon, for the hereinafter described tract or parcel of land for the construction of Sessom Drive, a public street in the City of San Marcos, Hays County, Texas, and the owner has refused to accept the sum of money so offered; and WHEREAS, it is found and determined by the city of San Marcos to be in the public interest of the City of San Marcos that the hereinafter described property be acquired; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: SECTION 1. Public necessity requires that the City of San Marcos acquire fee simple title to certain privately owned real property in the City of San Marcos, Hays county, Texas, for public purposes, to-wit: construction of Sessom Drive, a public street. SECTION 2. The owners of the property to be acquired and the property to be acquired is described as follows: ~: Ira R. Bowles and Sally B. Bowles ~ Holders: One promissory note, payable to 1st Federal Savings and Loan Association of San Marcos, Texas. Description: A tract or parcel of land, 30 feet in width, crossing over and a part of Lots 39 and 40 of the Park First and Second Addition to the city of San Marcos, plat of which is recorded in Volume 54, page 420 of the Hays County Deed Records. Said tract or parcel of land is a part of those same Lots 39 and 40 of Park First and Second Addition as conveyed by James W. Lumpkin and wife to Ira Bowles, by deed dated June 26, 1951, and duly recorded in Volume 150, page 263, of the Deed Records of Hays County, Texas, and, is more particularly described by metes and bounds as follows: