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(First Reading) An Ordinance of the City of Kyle, Texas, declaring a public necessity for the acquisition of fee simple title and/or permanent easement(s) and/or temporary construction easement(s) to all or portions of certain privately owned real property for the Burleson Road Street and Drainage Improvement Project in Hays County, Texas listed as follows: (1) 1.212 acres or 52,773 square feet of land, more or less, out of the Z. Hinton Survey, Abstract No. 220, and being a portion of that tract described as 18.5754 acres in a deed to James Mattox , Trustee, of record in Volume 1361, Page 154, Official Public Records, Hays County, Texas; (2) 0.1569 of one acre or 6,833 square feet of land, more or less, out of the Z. Hinton Survey, Abstract No. 220, and being a portion of that tract described as 18.5754 acres in a deed to James Mattox, Trustee, of record in Volume 1361, Page 154, Official Public Records, Hays County, Texas, and; (3) 0.0403 of one acre or 1,757 square feet of land, more or less, out of the Z. Hinton Survey, Abstract No. 220, and being a portion of that tract described as 18.5754 acres in a deed to James A. Mattox, Trustee, of record in Volume 1361, page 154, Official Public Records, Hays County, Texas; save and except any oil, gas, or other minerals in, on or under or produced from said property, which may be removed from beneath said property without any right whatsoever remaining to the owner(s) of said oil, gas or other minerals of ingress or egress to or from the surface of said property for the purpose of exploring, developing, drilling, or mining of same, and save and except any subsurface water rights in and to the property together with any and all appurtenant water rights without any right whatsoever remaining to the owner(s) of said water rights of ingress or egress to or from the surface of said property, for the purpose of exploring, developing, drilling or production of same. For the public purpose of construction, operation, reconstruction, improvements, repair and maintenance, of the Burleson Road Street and Drainage and Improvement Project; authorizing all appropriate action of the City in the institution and prosecution of condemnation proceedings to acquire such property that cannot be acquired through negotiation; ratifying and affirming all prior acts and proceedings done or initiated by attorneys, agents and employees of the city to acquire such property; authorizing all other lawful action necessary or incidental to such acquisitions or eminent domain proceedings to investigate, survey, specify, define , appraise, and secure the necessary fee simple titles and/or permanent easement(s) and/or temporary construction easement(s) to said privately owned real property; and declaring the sections of the ordinance to be severable one from the other in the event any section of this ordinance is determined to be invalid. ~ Leon Barba, P.E., City Engineer |
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