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<br />49
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<br />
<br />ORDINANCE
<br />
<br />1986-137
<br />
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<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS, N1ENDING SECTION 3 OF THAT ORDINANCE WHICH
<br />REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS,
<br />STRUCTURES AND LAND, DATED JUNE 13, 1984 (VOL. 66) BY
<br />ZONING 0.543 ACRES, MORE OR LESS, OF LAND AREA IN THE J.M.
<br />VERN1ENDI SURVEY, NO. TWO, HAYS COUNTY, TEXAS, BEING A
<br />PORTION OF THAT ONE ACRE TRACT OF LAND CONVEYED BY DEED
<br />FROM BEN F. BOWLES, ET UX, TO GERALD R. KELLY DATED
<br />OCTOBER 8,1947 AND RECORDED IN VOLUME 139, PAGE 313 OF
<br />THE HAYS COUNTY DEED RECORDS, AND APPARENTLY BEING ALL OF
<br />THAT 0.552 ACRE TRACT CONVEYED BY DEED FROM ROBERT GARRETT
<br />TO GEORGE CHRIST DATED JUNE 17,1982 AND RECORDED IN
<br />VOLUME 376, PAGE 706 OF THE HAYS COUNTY DEED RECORDS;
<br />LOCATED IN THE 1100 BLOCK OF HIGHWAY 80 FROM "PD"
<br />(PRE-DEVELOPMENT DISTIRCT) TO "c" (COMMERCIAL DISTRICT);
<br />AND DECLARING AN EFFECTIVE DATE.
<br />
<br />WHEREAS, on October 7, 1986, the Zoning
<br />of San Marcos held a public hearing regarding a
<br />the zoning from" PD" (Pre-Deve lopment
<br />(Commercial District) of 0.543 acres, more or
<br />the J.M. Veramendi Survey, No. Two, San Marcos,
<br />and,
<br />
<br />Commission of the City
<br />request to change
<br />District) to "c"
<br />less, of land area in
<br />Hays County, Texas;
<br />
<br />WHEREAS, subsequent to said public hearing on said date, said
<br />Commission did, on October 7, 1986, consider said request
<br />and voted to approve the same and has recommended that such request
<br />be approved by the City Council of said City; and,
<br />
<br />WHEREAS, said City Council held a public hearing on the 24
<br />of November, 1986, regarding such request; and,
<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 described tract of real property
<br />located in San Marcos, Hays County, Texas, which was classified "PD"
<br />(Pre-Development District) upon its annexation to the City of San
<br />Marcos on November 24, 1980, henceforth shall be zoned as "C"
<br />(Commercial District).
<br />
<br />DESCRIPTION OF 0.543 ACRES, MORE OR LESS, OF LAND AREA IN THE
<br />J.M. VERN1ENDI SURVEY, NO. TWO, HAYS COUNTY, TEXAS, BEING A
<br />PORTION OF THAT ONE ACRE TRACT OF LAND CONVEYED BY DEED FROM
<br />BEN F. BOWLES, ET UX, TO GERALD R. KELLY DATED OCTOBER 8,
<br />1947 AND RECORDED IN VOLUME 139, PAGE 313 OF THE HAYS COUNTY
<br />DEED RECORDS, AND APPARENTLY BEING ALL OF THAT 0.552 ACRE TRACT
<br />CONVEYED BY DEED FROM ROBERT GARRETT TO GEORGE CHRIST DATED
<br />JUNE 17, 1982 AND RECORDED IN VOLUME 376, PAGE 706 OF THE
<br />HAYS COUNTY DEED RECORDS, AND BEING MORE PARTICULARLY DESCRIBED
<br />BY METES AND BOUNDS AS FOLLOWS:
<br />
<br />COMMENCING at an 1/2" iron rod found in the northwest flare
<br />intersection of River Road and State Highway 80 for the apparent
<br />east corner of the aforementioned one acre Kelly tract, same
<br />being the most southerly west corner of that 5.70 acre tract of
<br />land conveyed by deed from L.O. Backus to Nash Phillips/Copus,
<br />Inc. dated May 2, 1984 in Volume 435, Page 381 of that Hays
<br />County Deed Records, same being the east corner of that 0.448
<br />acre tract of land conveyed by deed from Robert Heath, et aI, to
<br />Robert Heath, et aI, dated February 26,1965 in Volume 204, Page
<br />420 of the Hays County Deed Records from which a 3/4" iron pipe
<br />found bears S47 35'03"E 3.31 feet;
<br />
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