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<br /> <br />Î" <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE Til7HICH <br />REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, <br />STRUCTURES AND LAND, DATED JUNE 13,1984 (VOL. 66) BY <br />CHANGING THE ZONING OF 2.22 ACRES, MORE OR LESS, OF LAND <br />AREA OUT OF THE J.M. VERAMENDI SURVEY NO. ONE (1) HAYS <br />COUNTY, TEXAS, BEING THE SAME REAL PROPERTY AS IS <br />DENOMINATED "SECOND TRACT" IN THAT DEED FROM E.M. CAPE, <br />ET. UX., TO HORACE CAPE, DATED AUGUST 3,1945 AND RECORDED <br />IN VOLUME 133, PAGES 594-7, OF THE DEED RECORDS OF HAYS <br />COUNTY, TEXAS, A/K/A EAST SIDE OF MCKIE, NORTH OF COUNTY <br />ROAD 299 FROM "P-D" (PRE-DEVELOPMENT) DISTRICT TO "C" <br />(COMMERCIAL) DISTRICT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />ORDINANCE 1988-58 <br /> <br />9 <br /> <br />WHEREAS, on June 7,1988 the Zoning Commission of the City of San <br />Marcos held a public hearing regarding a request to change the <br />zoning from II PD" (Pre-Development) District to "C" <br />(Commercial) District of 2.22 acres, more or less of land area out <br />of the J.M. Veramendi League No. One (1) being the same real <br />property as is denominated "Second Tract" in that deed from E. <br />M. Cape, et ux, to Horace Cape, dated August 3,1945 and recorded in <br />Volume 133, pages 594-7, Hays County Deed Records, to the City of San <br />Marcos, Hays County, Texas; and, <br /> <br />WHEREAS, <br />Commission <br />vote to <br />reques t be <br />and, <br /> <br />subsequent to said public hearing on said date, said <br />did, on June 7, 1988, consider said request and <br />approve the same and has recommended that such <br />approved by the City Council of said City; <br /> <br />of <br /> <br />WHEREAS, said City Council held a public hearing on the <br />AugURt , 1988, regarding such request; and, <br /> <br />8 <br /> <br />day <br /> <br />WHEREAS, all requirements of Appendix A, General Zoning <br />Ordinance, of the Code of Ordinances of the City of San Marcos <br />pertaining to amendments have been met; and, <br /> <br />WHEREAS, said City Council hereby finds and determines that the <br />adoption of the following ordinance is in the interest of the public <br />health, morals, welfare and safety; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br /> <br />SAN <br /> <br />MARCOS, <br /> <br />TEXAS: <br /> <br />SECTION 1. That the following tract of real property, located in <br />San Marcos, Hays County, Texas, which was classified II PD II (Pre- <br />Development) District upon its annexation to the City of San Marcos on <br />March 22, 1982, henceforth shall be zoned "C" (Commercial) District. <br /> <br />That 2.22 acre tract out of the J.M. Veramendi Survey No. One <br />(1), Hays County, Texas, being the same real property as is <br />denominated "Second Tract" in that deed from E.M. Cape, et ux, <br />to Horace Cape, dated August 3,1945, and recorded in Volume <br />133, pages 594-7, Hays County Deed Records, said 2.22 acre tract <br />being described by metes and bounds as follows: <br /> <br />BEGINNING at an iron stake which is the most southerly corner of <br />that 55.38 acre tract of land which was designated as "Second <br />Tract" in deed from C.D. Woods and wife to E.M. Cape, of record <br />in Volume 108, page 369, et seq., of the Hays County Deed <br />Records, and from which stake the beginning corner of said 55.38 <br />acre tract of land, as identified by its bearing trees in the <br />year 1945 A.D., bears N 75 degrees 10 minutes E 1407.9 feet; <br /> <br />THENCE with the west line of said 55.38 acre tract and with the <br />east line of a 60 foot road, N 12 degrees 15 minutes W 583.63 <br />feet to an iron stake; <br /> <br />THENCE <br /> <br />N 76 <br /> <br />deg rees <br /> <br />38 minutes E 138.8 feet to an iron stake; <br /> <br />THENCE S 13 degrees 14 minutes E, running <br />shed, in all 108.65 feet to an iron stake; <br /> <br />through a <br /> <br />barn <br /> <br />or <br /> <br />THENCE N 77 degrees 33 minutes E 31.13 feet to an iron stake in <br />an old fence line; <br /> <br />THENCE S 13 degrees 12 minutes E 454.19 feet to an iron stake on <br />the north line of a 60 foot road and on the south line of the <br />said 55.38 acre tract of land; <br />