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(b) The City makes no further claim of any right,title or interest in or to the alley shown <br /> on various surveys and plats that resides between Lots 4 and 5, Block 21 of the Original Town of <br /> San Marcos,Hays County,Texas as depicted on the survey map and metes and bounds description <br /> attached hereto as Exhibit"A" (the "Former Alley") and has executed a deed without warranty to <br /> SM Block 21 conveying the interests of the City, if any, such that SM Block 21 and its successors <br /> and assigns own and enjoy the right to exclusively possess the area of land in the location of the <br /> Former Alley free of any continuing or future claims or use by the City. <br /> (c) On June 11, 1973, the City enacted the Ordinance abandoning, vacating, <br /> discontinuing and closing the Former Alley, which ordinance is recorded at Volume 260, page <br /> 734, et seg, of the Official Public Records of Hays County, Texas. <br /> (d) SM Block 21 owns the Former Alley in fee simple absolute, and possesses good <br /> and marketable title in and to the area in its "AS IS" condition, without warranty as to title and <br /> without any representations by the City as to the condition or suitability of the Former Alley for <br /> the indented uses by SM Block 21. <br /> (e) Pursuant to Tex. Civ.Prac. &Rem Code §16.005, SM Block 21 has"complete title <br /> to the [Former Alley] by limitations and the right of the [City] . . . to revoke or rescind the order <br /> or ordinance is barred," and in particular any claim by the City of right,title or interest in or to the <br /> Former Alley is barred. <br /> SIGNED this day of , 2024. <br /> JUDGE PRESIDING <br /> 38936874v.1 <br />