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<br /> <br />¡-", <br /> <br /> <br />127 <br /> <br />ORDINANCE 1987-62 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN <br />AGREEMENT BETWEEN SAID CITY AND SOUTHWEST TEXAS STATE <br />UNIVERSITY, AUTHORIZING THE MAYOR TO EXECUTE SAID <br />AGREEMENT, ABANDONING AND VACATING PORTIONS OF <br />LIVE OAK, ELM, MATTHEWS, GUADALUPE, GRACE, AND MOORE <br />STREETS AND AN ALLEY IN SAID CITY, AUTHORIZING THE MAYOR <br />OF SAID CITY TO EXECUTE A SPECIAL WARRANTY DEED, AND <br />DECLARING AN EMERGENCY. <br /> <br />WHEREAS, an alley in the First Division Of Park Addition To The <br />City Of San Marcos, the plat of said addition being recorded in Volume <br />54, Page 195, Hays County Deed Records, was and is dedicated to public <br />use on said plat; and, <br /> <br />WHEREAS, that portion of Live Oak Street which is located between <br />Comanche and Elm Streets was dedicated to the public by instruments <br />filed with the maps or plats of the First Division Of Park Addition To <br />The City Of San Marcos and the First And Second Division Of Park <br />Addition To The City Of San Marcos recorded in Volume 54, Page 195 <br />and Volume 54, Page 420, respectively of the Deed Records of Hays <br />County, Texas or was acquired for the use and benefit of the public <br />by prescription; and, <br /> <br />WHEREAS, that portion of Guadalupe Street which is located between <br />Live Oak and Matthews Streets, was dedicated to the public by <br />instruments filed with the maps or plats of the First Division Of Park <br />Addition To The City Of San Marcos and the First And Second Division <br />Of Park Addition To The City Of San Marcos recorded in Volume 54, Page <br />195 and Volume 54, Page 420, respectively of the Deed Records of Hays <br />County, Texas or was acquired for the use and benefit of the public <br />by prescription; and, <br /> <br />WHEREAS, that portion of Elm Street which is located between Live <br />Oak and Matthews Streets, was dedicated to the public by instruments <br />filed with the maps or plats of the First Division Of Park Addition To <br />The City Of San Marcos and the First And Second Division Of Park <br />Addition To The City Of San Marcos recorded in Volume 54, Page 195 <br />and Volume 54, Page 420, respectively of the Deed Records of Hays <br />County, Texas; and, <br /> <br />WHEREAS, that portion of Matthews Street which is located between <br />Comanche Street and Sessom Drive was dedicated to the public by <br />instruments filed with the maps or plats of the First Division Of Park <br />Addition, First and Second Division Of Park Addition and the Third <br />Division Of Park Addition To The City Of San Marcos recorded in Volume <br />54, Page 195, Volume 54, Page 420, and Volume 56, Page 47, of the Deed <br />Records of Hays County, Texas or was acquired for the use and benefit <br />of the public by prescription; and, <br /> <br />WHEREAS, that portion of Grace Street from its intersection with <br />the projected northeast line of an unplatted alley adjacent to Block <br />1 of the W.S. Smith's Addition To The City Of San Marcos of record in <br />Volume 50, Page 638 of the Deed Records of Hays County, Texas, the <br />northwesternmost end of which intersects with Grace Street and the <br />southeasternmost end of which intersects with Moore Street, to its <br />northeastern terminus was dedicated to the public by instrument filed <br />with the map or plat of the Rose Hill Addition To The City Of San <br />Marcos of record in Volume 58, Page 396 of the Deed Records of <br />Hays County, Texas; and, <br /> <br />WHEREAS, that portion of Moore Street from its intersection with <br />Grace Street to its intersection with the north line of Smith Avenue <br />was dedicated to the public by instrument filed with the map or plat of <br />the Rose Hill Addition To The City Of San Marcos recorded in Volume 58, <br />Page 396 of the Deed Records Of Hays County, Texas; and, <br /> <br />WHEREAS, the City of San Marcos has been requested by Southwest <br />Texas State University to abandon said alley and said portions of <br />said streets; and, <br /> <br />WHEREAS, the City of San Marcos has duly determined that the <br />State of Texas, for the use and benefit of Southwest Texas State <br />University, is the sole owner of all property abutting said alley and <br />said portions of said streets; and, <br />