AGENDA CAPTION:
Title
Consider approval of Resolution 2024-132R, approving a Release and Partial Release of Wastewater Easements located near Posey Road and IH 35 and expending $35,505.00 and closing costs in exchange for a larger wastewater easement saving operational money for an abandoned lift station, under the terms of an Easement Exchange Agreement with BKCK, Ltd., a Texas limited partnership; authorizing the City Manager, or her designee, to execute necessary documents on behalf of the city; and declaring an effective date.
Body
Meeting date: August 5, 2024
Department: Engineering & CIP
Amount & Source of Funding
Funds Required: $35,505.00 plus closing costs
Account Number: Impact Fees
Funds Available: $40,000.00
Account Name: C729
Fiscal Note:
Prior Council Action: January 5, 2021 Approval of Developer Participation Agreement (Resolution No. 2020-03R)
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Background Information:
In December 2003, the City of San Marcos was conveyed land and land rights associated with the current pressurized sewer alignment on this property. According to the special warranty deed conveyed to the City for the current lift station, there is a reversionary clause requiring the City to revert the area of the lift station back to the grantor, its successors and assigns.
In January 2021, the City Council of San Marcos approved a developer participation agreement with two properties developing an Industrial Business Park along Posey Road and Interstate Highway 35 for the extension of a City wastewater main. This extension will provide for wastewater services to a larger area north and west of IH-35. This easement will provide for this extension while also allowing the City to abandon an existing lift station and with it eliminating the operations and maintenance costs associated with this facility. Since the revised easements are larger than the easements we are releasing, the City is paying the appraised value of the difference in the amount of $35,505.00 together with associated closing costs
Council Committee, Board/Commission Action:
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Recommendation:
Staff recommends approval of the Easement Exchange Agreement and Release of Easements.