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<br />ORDINANCE 1986-138
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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS, ABANDONING AND VACATING
<br />A 14.44 FEET BY 115 FEET PORTION OF BURLESON
<br />STREET, AND BEING THAT PORTION WHICH ABUTS
<br />LOTS 3 AND 4, BLOCK 10 OF THE L.W. MITCHELL'S
<br />SECOND ADDITION TO HAYS COUNTY, TEXAS,
<br />AUTHORIZING THE MAYOR OF SAID CITY TO EXECUTE
<br />A SPECIAL WARRANTY DEED REFLECTING PAYMENT OF
<br />THE FAIR MARKET VALUE OF $110.00, AND
<br />DECLARING AN EMERGENCY.
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<br />WHEREAS, a portion of Burleson Street, said portion being a
<br />14.44 feet by 115 feet parcel, abutting Lots 3 and 4, Block 10 of
<br />the L.W. Mitchell's Second Addition to Hays County, Texas, the
<br />plat of said addition recorded in Volume T, Page 393, Hays County
<br />Deed Records, as shown on said plat, was and is dedicated to
<br />public use on the plat of said Addition of record in Volume T,
<br />Page 393 of the Deed Records of Hays County, Texas; and,
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<br />WHEREAS, the City of San Marcos has been requested by John
<br />Osgood to abandon said portion of said street; and
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<br />WHEREAS, the City of San Marcos has duly determined that John
<br />Osgood and Nancy W. Osgood are the sole owners of all property
<br />abutting said portion of said street within said L.W. Mitchell's
<br />Second Addition: and,
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<br />WHEREAS, the City Council of the City of San Marcos, Texas,
<br />has determined that it is in the public interest to abandon said
<br />portion of said street: and,
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<br />WHEREAS, the said John Osgood and Nancy W.
<br />executed a release discharging said City from
<br />occasioned by said vacation and abandonment; and,
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<br />Osgood have
<br />any damages
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<br />WHEREAS, the City of San Marcos has determined by appraisal
<br />that the fair market value of said property is $110.00 and the
<br />same has previously been deposited with said City; now, therefore,
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<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
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<br />SECTION 1. That a 14.44 feet by 115 feet portion of
<br />Burleson Street, said portion being more particularly described
<br />by metes and bounds in Exhibit A, which is attached hereto and
<br />incorporated herein for all purposes, and being that portion which
<br />abuts Lots 3 and 4, Block 10 of the L.W. Mitchell's Second
<br />Addition to Hays County, Texas, the plat of said addition recorded
<br />in Volume T, Page 393, Deed Records of Hays County, Texas, be and
<br />it is hereby declared to be and is henceforth, vacated and
<br />abandoned as to any use, right, claim in, or responsibility for
<br />the upkeep and maintenance by the public in general and the City
<br />of San Marcos in particular.
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<br />SECTION 2. That the Mayor of the City of San Marcos,
<br />Texas, be, and he is hereby, authorized to execute a special
<br />warranty deed conveying to John Osgood and Nancy W. Osgood, said
<br />14.44 feet by 115 feet portion of Burleson Street which abuts
<br />their property.
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