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<br /> <br /> <br /> <br />99 <br /> <br />ORDINANCE 1987- 8'3 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH <br />REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, <br />STRUCTURES AND LAND, DATED JUNE 13, 1984 (VOL. 66) BY <br />ZONING 17.035 ACRES OF LAND OUT OF THE JUAN MARTIN DE <br />VERAMENDI LEAGUE NO.2, IN HAYS COUNTY, TEXAS, BEING <br />DESCRIBED HEREIN AS 17.089 ACRES OF LAND SAVE AND <br />EXCEPT A 0.054 ACRE TRACT OF LAND SAID 17.035 ACRES <br />BEING ALL OF THAT 17.049 ACRE TRACT OF LAND CONVEYED TO <br />LEMENS FINANCE COMPANY BY A SUBSTITUTE TRUSTEE DEED <br />RECORDED IN VOLUME 334, PAGE 28 OF THE DEED RECORDS OF <br />HAYS COUNTY, TEXAS, LOCATED SOUTHEAST OF IH 35 NORTH, <br />EXTENDING TO PORTIONS ALONG AND ADJACENT TO THE MKT <br />RAILROAD AND ALONG AND ADJACENT TO BOTH THE SIDES OF <br />RIVER ROAD FROM "I" (INDUSTRIAL DISTRICT) TO "c" <br />(COMMERCIAL DISTRICT); AND DECLARING AN EFFECTIVE DATE. <br /> <br />WHEREAS, on May 5,1987 the Zoning Commission of the City of <br />San Marcos held a public hearing regarding a request to change <br />the zoning from "I" (Industrial) to "c" (Commercial District) of <br />17.035 acres of land out of the Juan Martin De Veramendi League No. <br />2 to the City of San Marcos, Hays County, Texas; and, <br /> <br />WHEREAS, subsequent to said public hearing on said date, said <br />Commission did, on May 5,1987, consider said request and <br />voted to approve the same and has recommended that such request be <br />approved by the City Council of said City; and, <br /> <br />of <br /> <br />WHEREAS, said City Council held a public hearing on the <br />June, 1987, regarding such request; and, <br /> <br />22 <br /> <br />day <br /> <br />~~EREAS, all requirements of Appendix A, General Zoning <br />Ordinance, of the Code of Ordinances of the City of San Marcos <br />pertaining to amendments have been met; and, <br /> <br />WHEREAS, said City Council hereby finds and determines that the <br />adoption of the following ordinance is in the interest of the public <br />health, morals, welfare and safety; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br /> <br />SAN <br /> <br />MARCOS, <br /> <br />TEXAS: <br /> <br />SECTION 1. That the following described tract of real property <br />located in San Marcos, Hays County, Texas, which is presently <br />"I" (Industrial District) be rezoned "c" (Commercial District): <br /> <br />17.035 ACRES OF LAND OUT OF THE JUAN MARTIN DE <br />VERAMENDI LEAGUE NO.2, IN HAYS COUNTY, TEXAS, BEING <br />DESCRIBED HEREIN AS 17.089 ACRES OF LAND SAVE AND <br />EXCEPT A 0.054 ACRE TRACT OF LAND SAID 17.035 ACRES <br />BEING ALL OF THAT CERTAIN 17.049 ACRE TRACT OF LAND CONVEYED <br />TO LEMENS FINANCE COMPANY BY A SUBSTITUTE TRUSTEE DEED <br />RECORDED IN VOLUME 334, PAGE 28 OF THE DEED RECORDS OF <br />HAYS COUNTY, TEXAS, SAID 17.035 ACRE TRACT OF LAND BEING <br />MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: <br /> <br />BEGINNING at an iron rod at the base of a fence corner post <br />at the most northerly corner of that certain 63.28 acre tract <br />of land, described as "Tract One", conveyed to Theodore <br />Breihan by Vernon Lemens by deed recorded in Volume 249, Page <br />222 of the Deed Records of Hays County, Texas, and the most <br />Easterly corner of that certain 17.049 acre tract of land <br />conveyed to Lemens Finance Company, Inc. by deed recorded in <br />Volume 334, Page 28 of the Deed Records of Hays County, Texas <br />for the most easterly corner of the tract herein described; <br /> <br />THENCE with the northwest line of the said 63.28 acre tract <br />of land and the southeast line of the said Lemens Finance <br />Company 17.049 acre tract of land, as found fenced, S 42 <br />degrees 38' 04" W, 818.52 feet to an iron rod at the most <br />easterly corner of that certain tract of land conveyed to the <br />City of San Marcos by deed recorded in Volume 148, Page 138 <br />of the Deed Records of Hays County, Texas, and the most <br />southerly corner of the said 17.049 acre tract of land, for <br />the most southerly corner of this tract; <br /> <br />THENCE with the northeast line of the City of San Marcos <br />tract of land and the southwest line of the Lemens Finance <br />