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<br />-1 <br />::;:::s <br />'""':) <br /> <br /> <br />ORDINANCE 1987-123 <br /> <br />234 <br /> <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, ABANDONING AND VACATING AN EIGHTEEN FOOT <br />(18') WIDE ALLEY AND A PORTION OF AN EIGHTEEN FOOT (18') <br />WIDE ALLEY, BEING THOSE PARCELS OF LAND WHICH ABUT LOTS <br />1,2,3,4,5 AND 12 OF THE HARLE AND HOFHEINZ SUBDIVISION <br />OF BLOCK NO.1, J. F. MCGEHEE ADDITION IN SAID CITY; <br />AUTHORIZING THE MAYOR OF SAID CITY TO EXECUTE A <br />SPECIAL WARRANTY DEED; REFLECTING PAYMENT OF THE FAIR <br />MARKET VALUE OF $360.00; AND DECLARING AN EFFECTIVE DATE. <br /> <br />WHEREAS, an alley eighteen (18') feet in width and a portion of <br />an alley eighteen (18') feet in width, said parcels of land <br />abutting lots 1, 2, 3, 4, 5, and 12 of the Harle and Hofheinz <br />Subdivision of Block No.1, J.F. McGehee Addition in The City of San <br />Marcos, the plat of said addition recorded in Volume 56, Page 139, <br />Hays County Deed Records, as shown on said plat; was and is dedicated <br />to public use on the plat of said Addition of record in Volume <br />56, Page 139 of the Deed Records of Hays County, Texas; and, <br /> <br />WHEREAS, the City of San Marcos has been requested by Leon R. <br />King to abandon said portions of said parcels of land; and, <br /> <br />WHEREAS, the City of San Marcos has duly determined that Leon R. <br />King is the sole owner of all property abutting said parcels of land <br />within the Harle and Hofheinz Subdivision of Block No.1, J.F. <br />McGehee Addition; 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 parcels of <br />land; and, <br /> <br />WHEREAS, the said Leon R. King has executed a release, <br />discharging said City from any damages occasioned by said vacation <br />and abandonment; and, <br /> <br />WHEREAS, the City of San Marcos has determined by appraisal that <br />the fair market value of said property is $360.00 and the same has <br />previously been deposited with said City; now, therefore, <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. An alley eighteen (18'.) feet in width and a <br />portion of an alley eighteen (181) feet in width, and being those <br />parcels which abut Lots 1, 2,3, 4,5 and 12 of the Harle and <br />Hofheinz Subdivision of Block No.1, J.F. McGehee Addition, San <br />Marcos, Texas, the plat of said subdivision recorded in Volume 56, <br />Page 139, Deed Records of Hays County, Texas, be, and it is hereby <br />declared to be, and is henceforth, vacated and abandoned as to any use, <br />right, claim in, or responsibility for the upkeep and maintenance by <br />the public in 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 a special warranty <br />deed conveying to Leon R. King the entire width of said parcels of land <br />which abut his property. <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. <br /> <br />PASSED AND APPROVED on first reading <br /> <br />July 27, 1987. <br /> <br />PASSED AND APPROVED on second reading <br /> <br />August 10, 1987. <br /> <br />PASSED, APPROVED AND ADOPTED <br /> <br />~gust 24, 1987. <br /> <br /> <br />~~ <br /> <br />Mayor <br />