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SETTLEMENT AGREEMENT <br /> STATE OF TEXAS § <br /> § KNOW ALL MEN BY THESE PRESENTS: <br /> COUNTY OF HAYS § <br /> This Settlement Agreement (the "Agreement") is entered into by and between SM Block <br /> 21,LLC("SM Block 21")and the City of San Marcos(the"City"),sometimes collectively referred <br /> to as the "Parties." <br /> WHEREAS, by virtue of the Special Warranty Deed dated March 12, 2020 recorded at <br /> Document #20009699 of the Official Public Records of Hays County, Texas, and the Special <br /> Warranty Deed dated May 1, 2020 and recorded at Document #20017093 of the Official Public <br /> Records of Hays County, Texas, SM Block 21 is the owner of: <br /> Lots 4 and 5, including the area of the former alley in between Lots 4 and 5, Block <br /> 21 of the Original Town of San Marcos,Hays County,Texas, according to the map <br /> or plat thereof recorded in Volume 46, Page 448 of the Official Public Records of <br /> Hays County, Texas ("Lots 4 and 5"); <br /> WHEREAS, on June 11, 1973, the City enacted the Ordinance abandoning, vacating, <br /> discontinuing and closing an alley segment residing between Lots 4 and 5, which ordinance is <br /> recorded at Volume 260,page 734, et seq., of the Official Public Records of Hays County, Texas <br /> (the "Vacation Ordinance"); <br /> WHEREAS, on July 3, 1973, the City executed and delivered an instrument in which the <br /> City did"bargain, sell, release, and forever quitclaim"the alley segment between Lots 4 and 5 to <br /> SM Block 21's predecessor in title (the "Alley Conveyance"); <br /> WHEREAS, on February 10, 2023, SM Block 21 filed the lawsuit styled SM BLOCK 21, <br /> LLC v. City of San Marcos;Cause No.23-0339 seeking declaratory relief and making other claims <br /> premised upon the area between Lots 4 and 5 no longer being an alley and SM Block 21 owning <br /> 38053116v.1 <br />