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ORDINANCE NO. 2023-60 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS APPROVING THE ABANDONMENT OF A 52,272 <br /> SQUARE FOOT RIGHT-OF-WAY DESCRIBED AS PREMIER PARKWAY <br /> WITHIN THE CHAMPIONS BUSINESS PARK SUBDIVISION AND <br /> LOCATED BETWEEN I-35 FRONTAGE AND POST ROAD,SUBJECT TO <br /> REPLACEMENT RIGHT-OF-WAY BEING DEDICATED TO THE CITY; <br /> AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO <br /> EXECUTE A QUITCLAIM DEED TO THE ABUTTING PROPERTY <br /> OWNER REQUESTING SUCH ABANDONMENT, SUBJECT TO THE <br /> OWNER DEDICATING A REPLACEMENT RIGHT-OF-WAY TO THE <br /> CITY; AND DECLARING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. On July 25, 2023, the City Planning and Zoning Commission conducted a public <br /> hearing on an application requesting the abandonment of a 52,272 square foot right-of-way described <br /> as Premier Parkway ("Premier Parkway Street Section") within the Champions Business Park <br /> Subdivision and located between I-35 Frontage and Post Road and voted to recommend City Council <br /> approval of the request,subject to the dedication to the City of replacement right-of-way described as <br /> Riverwalk Drive by the Yarrington Commons Preliminary Plat. The Champions Boulevard Street <br /> section is shown in Exhibit A, attached hereto and made a part hereof. <br /> 2. The fair market value of the alternative right-of-way being dedicated to the City is <br /> equal or greater than the value of the Premier Parkway Street Section to be abandoned by the City. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1. The abandonment of the Premier Parkway Street Section is approved,subject <br /> to the abutting owner requesting the abandonment dedicating to the City replacement right-of-way <br /> described as Riverwalk Drive by the Yarrington Commons Preliminary Plat. <br /> SECTION 2. Subject to the conditions stated in Section 1, the City Manager, or her <br /> designee,is authorized to execute a quitclaim deed conveying the Premier Parkway Street Section to <br /> the abutting owner requesting the abandonment,with no additional payment of fair market value to <br /> the City, inasmuch as the replacement right-of-way being dedicated by the owner to the City is of <br /> equal or greater value than the value of the Premier Parkway Street Section. <br /> SECTION 3. If any word,phrase,clause,sentence,or paragraph of this ordinance is held to <br /> be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br /> ordinance will continue in force if they can be given effect without the invalid portion. <br /> SECTION 4: All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />