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<br />AN ORDINANCE CLOSING AND ABANDONING AN ALLEY
<br />BETWEEN HUTCHISON AND HOPKINS STREETS AND
<br />PARALLEL TO BOTH COMANCHE AND FREDERICKSBURG
<br />STREETS, SUCH ALLEY BEING LOCATED IN BLOCK 14
<br />OF THE ORIGINAL TOWN OF SAN MARCOS, TEXAS; AND
<br />DIRECTING THE MAYOR TO EXECUTE AND DELIVER QUIT-
<br />CLAIM DEEDS RELINQUISHING ALL RIGHT, TITLE AND
<br />INTEREST OF THE CITY OF SAN MARCOS IN SAID ALLEY
<br />TO THE OWNERS OF REAL PROPERTY ADJACENT THERETO
<br />
<br />WHEREAS, the map or plat of Block Fourteen (14) of the Original
<br />Town of San Marcos, Texas, reflects an alley as located between
<br />Hutchison and Hopkins Streets and running parallel to both
<br />Comanche and Fredericksburg Streets; and,
<br />
<br />WHEREAS, neither said map or plat, of record in Volume 46, page
<br />448, Hays County Deed Records, nor any other instrument of record
<br />in the offices of the Hays County Clerk or the Secretary of the
<br />City of San Marcos, declare~ that said alley was dedicated to the
<br />use of the public; and,
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<br />WHEREAS, there is not indicated on said plat, nor anywhere else
<br />to the knowledge of this body, that the City of San Marcos or the
<br />County of Hays ever accepted responsibility for the improvement
<br />or maintenance of said alley, nor h"as either of said' go\iernmental
<br />entities improved or maintained said alley at any time to the
<br />knowledge of this body; and,
<br />
<br />WHEREAS, said entire Block Fburteen (14) is clissified as a
<br />-Commercial" District by force of various provisions of the
<br />Zoning Ordinance of the City of San Marcos, such classification
<br />being in full accordance with the "Comprehensive Plan" of develop-
<br />ment heretofore adopted by this body; and,
<br />
<br />WHEREAS, Safeway Stores, Incorporated, and the First United
<br />Methodist Church of San Marcos, by instrument dated August 4,1971,
<br />hereby referred to and made a part hereof, petitioned the City of
<br />San Marcos to vacate and abandon said alley; and,
<br />
<br />WHEREAS, the abandonment and vacation of said alley will promote
<br />the highest and best use of said Block No. Fourteen (14) consistent
<br />with said Zoning Ordinance and Comprehensive Plan:
<br />
<br />NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
<br />of San Marcos, Texas:
<br />
<br />That the alley located between Hutchison and Hopkins Streets and
<br />running parallel to both Comanche and Fredericksburg Streets, be,
<br />and it is hereby abandoned, vacated, discontinued and closed as a
<br />public alley in the City of San Marcos, Texas; and,
<br />
<br />That the City of San Marcos relinquishes all right, title and
<br />interest of the City of San Marcos in and to said alley to the
<br />owners of the real property adjacent thereto; and, further, that
<br />the Mayor of the City of San Marcos is hereby authorized, empowered
<br />and directed to execute and deliver quitclaim deeds to such owners,
<br />effecting such relinquishment, such instruments to be executed in
<br />due,usual form, with the seal of the City of San Marcos and the
<br />attestation of the City Secretary affixed and shown thereon.
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