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<br />ORDINANCE 1987-113
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS, ABANDONING AND VACATING A 1.2 ACRE
<br />EASEMENT AND BEING THAT EASEMENT WHICH ABUTS
<br />AND IS LOCATED IN LOTS 14, 19 AND 23 OF THE RIVER RIDGE
<br />SUBDIVISION OF 146.57 ACRES OF LAND MORE OR LESS, IN THE
<br />J.M. VERAMENDI SURVEY NO.2, CITY OF SAN MARCOS, HAYS
<br />COUNTY, TEXAS; AUTHORIZING THE MAYOR OF SAID CITY TO
<br />EXECUTE SPECIAL WARRANTY DEEDS; REFLECTING FAIR EXCHANGE
<br />OF PROPERTY; AND DECLARING AN EFFECTIVE DATE.
<br />
<br />WHEREAS, a 1.2 acre easement said easement abuts and is located
<br />in Lots 14,19 and 23 of the River Ridge Subdivision of 146.57
<br />acres of land, more or less, in the J.M. Veramendi Survey No.2, City
<br />of San Marcos, Hays County, Texas, the plat of said subdivision
<br />recorded in Volume 4, Pages 212-218, Hays County Plat Records, as
<br />shown on said plat; was and is dedicated to public use on the
<br />plat of said Subdivision of record in Volume 4, Pages 212-218 of the
<br />Plat Records of Hays County, Texas; and,
<br />
<br />WHEREAS, the City of San Marcos has been requested by River
<br />Ridge Joint Venture and Charles D. Nash, Jr. to abandon said easement;
<br />and,
<br />
<br />WHEREAS, the City of San Marcos has duly determined that River
<br />Ridge Joint Venture and Charles D. Nash, Jr. are the sole owners of
<br />all property abutting said easement within said River Ridge
<br />Subdivision; and,
<br />
<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 />easement; and,
<br />
<br />WHEREAS, the said River Ridge Joint Venture and Charles D. Nash,
<br />Jr. have executed releases, discharging said City from any damages
<br />occasioned by said vacation and abandonment; and,
<br />
<br />WHEREAS, River Ridge Joint Venture has dedicated to the City a
<br />14.5 acre easement located in the said River Ridge Subdivision said
<br />easement dedication recorded in Volume 4, Pages 212-218 of the Hays
<br />County Plat Records; and,
<br />
<br />WHEREAS, said abandoned 1.2 acre easement and said 14.5 acre
<br />easement dedicated by River Ridge Joint Venture are located in close
<br />proximity to one another; and,
<br />
<br />WHEREAS, the City of San Marcos has determined that the River
<br />Ridge Joint Venture dedication to said City of said 14.5 acre easement
<br />is fair consideration for the abandonment of said City of said 1.2
<br />acre easement.
<br />
<br />BE IT ORDAINED BY THE CITY
<br />TEXAS:
<br />
<br />COUNCI L OF
<br />
<br />THE
<br />
<br />CITY OF
<br />
<br />SAN
<br />
<br />MARCOS,
<br />
<br />SECTION 1. That a 1.2 acre easement which abuts and is
<br />located in Lots 14,19 and 23 of the River Ridge Subdivision of
<br />146.57 acres of land more or less, in the J.M. Veramendi Survey No.2,
<br />City of San Marcos, Hays County, Texas, the plat of said subdivision
<br />recorded in Volume 4, Pages 212-218, Plat Records of Hays County,
<br />Texas, be, and it is hereby declared to be, and is henceforth,
<br />vacated and abandoned as to any use, right, claim in, or
<br />responsibility for the upkeep and maintenance by the public in
<br />general and the City of San Marcos in particular.
<br />
<br />SECTION 2. That the Mayor of the City of San Marcos, Texas, be,
<br />and he is hereby, authorized to execute special warranty deeds
<br />conveying to River Ridge Joint Venture and Charles Nash, Jr. portions
<br />of said easement which abut and are located in their
<br />respective properties.
<br />
<br />SECTION 3. That this Ordinance shall be in effect ten (10) days
<br />from and after its passage, and it shall be published in a newspaper of
<br />general circulation in the area as required by the Charter of the City
<br />of San Marcos, Texas.
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