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<br />AN ORDINANCE CLOSING AND ABANDONING AN
<br />ALLEY WKICH IS PART OF THE SECOND DIVISION
<br />OF THE PARK ADDITION TO THE CITY OF SAN MARCOS,
<br />NAMELY, THAT ALLEY BOUNDED BY WALNUT AND LIVEOAK
<br />STREETS, LOTS 16 AND 35 OF SAID ADDITION AND
<br />ACREAGE DESIGNATED ON THE PLAT OF SAID ADDITION
<br />AS "A.S. BURLESON", RELINQUISHING TO J.P. LEVINE,
<br />EDDY A. ETHEREDGE AND HERBERT HOLCOMBE, JR. ALL
<br />RIGHT, TITLE AND INTEREST OF THE CITY OF SAN MARCOS,
<br />TEXAS, IN AND TO SAID ALLEY, AND DIRECTING THE
<br />MAYOR TO EXECUTE AND DELIVER TO SAID PERSONS QUIT-
<br />CLAIM DEEDS TO PORTIONS OF SAID ALLEY
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<br />WHEREAS, a map or plat of the First and Second Divisions of the
<br />Park Addition to the City of San Marcos is of record in Volume
<br />54, page 420, Hays County Deed Records, said map or plat, and its
<br />record,being.hereby referred to and made a part hereof for all
<br />legal, pertinent and descriptive purposes; and,
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<br />WHEREAS, said map or plat created the subdivision known as the
<br />Second Division of the Park Addition to the City of S~n Marcos,
<br />Texas, and the deed of dedication accompanying same dedicaced to
<br />the use of the public the streetsaHd ~lleys shawn an said map or
<br />plat. including the alley bounded by Walnut and Liveaak Streets,
<br />Lots 16 and 35 of said addition and acreage designated on said
<br />map or plat as "A.S. Burleson"; and,
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<br />WHEREAS, there is not indicated on said plat or elsewhere any
<br />acceptance by the County of Hays or the City of San Marcos, nor
<br />have the County of Hays and the City of San Marcos ever exercised,
<br />nor is either of them now exercising any jurisdicti9n over any part
<br />of said alley, and no part of said alley has ever been graded,
<br />gravelled, paved nor in any way used by *he ~ublic as a passageway,
<br />nor has the said alley ever been used by the County of Hays, the
<br />City of San Marcos or the public for any purpose; and,
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<br />WHEREAS, J.P. Levine, Eddy A Etheredge and Herbert Holcombe, jr.,
<br />are the owners of ~ll of the land adjoining said alley on the
<br />Northeast and Southwest sides thereof, said alley otherwise border-
<br />ing on Walnut and Liveoak Streets as shown on said map or plat, and
<br />the said J.P. Levine, Eddy A. Etheredge and Herbert Holcombe, jr.,
<br />have petitioned the City of San Marcos to close and abandon the
<br />said alley, and have further petitioned the City of San Marcos to
<br />quit-claim said alley to them:
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<br />NOW, THEREFORE, be it enacted and ordained by the City Council
<br />of the City of San Marcos, Texas:
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<br />1. All of the above-mentioned described alley be, and it is
<br />hereby, abandoned, vacated, discontinued and closed as a public
<br />alley of the City of San Marcos, the said alley containing 0.14
<br />of an acre of land, except for a portion retained by the City of
<br />San Marcos, as described in "Exhibit A".
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<br />2. That the City of San Marcos, Texas, relinquishes hereby
<br />to the said J.P. Levine, Eddy A. Etheredge and Herbert Holcombe, jr.,
<br />all right, title and interest of the City of San Marcos in and to
<br />said alley, and, further, that the Mayor of the City of San Marcos
<br />is hereby authorized, empowered and directed to execute and deliver
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