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<br />WHEREAS, the City Council of the City of San Marcos, Texas, has
<br />determined that it is in the public interest to abandon said
<br />alley and said portions of said streets; and,
<br />
<br />WHEREAS, the State of Texas, by and through Southwest Texas State
<br />University, has executed a release (attached hereto as Exhibit C),
<br />discharging said City from any damages occasioned by said vacation and
<br />abandonment; and,
<br />
<br />WHEREAS, the City of San Marcos has determined by appraisal that
<br />the total fair market value of said alley and portions of said streets
<br />is $43,845.00 and Southwest Texas State University has as
<br />consideration for this abandonment agreed to give the City a license
<br />agreement which permits access to utility lines on SWTSU property for
<br />maintenance, installation and repair of said line~ has expended over
<br />$100,000 in engineering costs for the re-design of Comanche Street and
<br />is committed to spend an estimated $1.5 million to accomplish the
<br />re-construction of Comanche Street to create a safe pedestrian
<br />crossing; and,
<br />
<br />WHEREAS, said consideration enumerated above is in excess of the
<br />total fair market value of all property proposed for vacation and
<br />abandonment; now, therefore,
<br />
<br />BE IT ORDAINED BY THE CITY
<br />TEXAS:
<br />
<br />COUNCIL OF
<br />
<br />WE
<br />
<br />CITY OF
<br />
<br />SAN
<br />
<br />MARCOS,
<br />
<br />SECTION 1. That the recitals made above
<br />approved as though recited herein in their entirety.
<br />
<br />are adopted and
<br />
<br />SECTION 2. That the Mayor is hereby authorized to execute that
<br />certain license agreement, which is attached hereto and incorporated
<br />herein for all purposes in Exhibit A, on behalf of said City.
<br />
<br />SECTION 3. That that alley in the First Division Of Park Addition
<br />To The City Of San Marcos, the map or plat of which is recorded in
<br />Volume 54, Page 195 of the Deed Records of Hays County, Texas and which
<br />abuts Lots I through 9 of said Addition is hereby vacated and
<br />abandoned as to any use, right, claim in, or responsibility for the
<br />upkeep and maintenance by the public in general and the City of San
<br />Marcos in particular, save and except that utility easements are hereby
<br />expressly retained for purposes of repair, relocation, reconstruction,
<br />and maintenance of all utilities, public and private, whereever
<br />located or to be located on, over, through and under said property
<br />and/or on, over, through, and under any and all property presently
<br />belonging to or which may subsequently belong to the State of Texas
<br />for the use and benefit of Southwest Texas State University within the
<br />corporate limits of said City.
<br />
<br />SECTION 4. That the following portion of Live Oak Street is
<br />hereby vacated and abandoned as to any use, right, claim in, or
<br />responsibility for the upkeep and maintenance by the public in general
<br />and the City of San Marcos in particular, save and except that
<br />utility easements are hereby expressly retained for purposes of repair,
<br />relocation, reconstruction, and maintenance of all utilities, public
<br />and private, whereever located or to be located on, over, through
<br />and under said property and/or on, over, through, and under any
<br />and all property presently belonging to or which may subsequently
<br />belong to the State of Texas for the use and benefit of Southwest
<br />Texas State University within the corporate limits of said City:
<br />
<br />That portion of Live Oak Street which is located between
<br />Comanche and Elm Streets, most of said portion being shown on the
<br />maps or plats of the First Division Of Park Addition To The City
<br />Of San Marcos and the First And Second Division Of Park Addition
<br />To The City Of San Marcos of record in Volume 54, Page 195 and
<br />Volume 54, Page 420, respectively, of the Deed Records of Hays
<br />County, Texas, and the remainder being that portion which extends
<br />in a westerly direction from the most southwestern end of
<br />Live Oak Street as shown on said plats, to its intersection with
<br />Comanche Street.
<br />
<br />SECTION 5. That that portion of Guadalupe Street which is located
<br />between Live Oak and Matthews Streets, as shown on the maps or plats of
<br />the First Division Of Park Addition To The City Of San Marcos and the
<br />First And Second Division Of Park Addition To The City Of San Marcos of
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