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ORDINANCE N0.2008- 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ANNEXING TO THE CITY AN AREA CONSISTING OF 4.306 ACRES, MORE OR LESS, LOCATED AT THE INTERSECTION OF POST ROAD AND YARRINGTON ROAD (YARRINGTON ROAD TRACT); APPROVING A SERVICE PLAN FOR THIS AREA; AND INCLUDING PROCEDURAL PROVISIONS. RECITALS: 1. The City Council of the City of San Marcos, Texas, provided an opportunity for all interested persons to be heard at two public hearings, held on December 4, 2007 and on December 11, 2007, to consider the proposed annexation by the City of 4.306 acres, more or less, located at he intersection of Post Road and Yarrington Road, in Hays County, Texas (the "Annexation Area"), consisting of all of the following tracts of property: A. The 1.646 acre, more or less, tract of land described by metes and bounds in the attached Exhibit A. B. The 1.855 acre, more or less, tract of land described by metes and bounds in the attached Exhibit B. C. The .805 acre, more or less, tract of land described by metes and bounds in the attached Exhibit C. 2. The tract described in Exhibit A is Yarrington Road and it adjacent right of way. Hays County Commissioner's Court has approved the annexation of this tract by the City, a copy of which is attached as Exhibit D. 3. The City has received a petition for annexation from the owner(s) of the tract described in Exhibit B, a copy of which is attached as Exhibit E. 4. The tract described in Exhibit C consisting of Union Pacific Railroad Company Right of Way is subject to a New Public Road Crossing Developer's Agreement to which the City and Union Pacific Railroad Company are parties. 5. The Annexation Area has no permanent residents. 6. A notice of each of the public hearings was published in the San Marcos Daily Record, a newspaper having general circulation in the City and in the Annexation Area, on November 21, 2007 and November 29, 2007, these dates being on or after the 20th day and before the 10th day before the date of the respective hearings. A notice of each of the public hearings was also posted on the City's Internet website on or after the 20th day and before the 10th day before the date of the respective hearings, and these notices remained posted on the website until the dates of the respective hearings.