11231955 Regular Meeting - Laserfiche WebLink

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I I I The Governing Body finds that said alley has never been used for any public purpose other than for the purpose of carrying water from Burleson Street to lower sections of the City and that same is not needed for any public use other than the carrying of such water, and no future public use is contemplated other than the carrying of water as aforesaid, for the reason that same is not adaptable to the construction of a street or alley and is not needed for such purpose. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SAN MARCOS: SECTION L That said alley above described be and the same is hereby VACATED, subject, however, to the succeeding Sections hereof. SECTION 2. That the vaca tion of said a lley and the rights of any person or persons therein be and the same are hereby in all things SUbject to the right on the part of the City of San Marcos to use sa ld a lley-way as a means of conveying water which collects on Burleson street across said alley to lower sections of the City, and subject to the right on the part of the City to make any improvement or addition or alteration in said alley, including the installation of dra ins, for the purpose of ena b ling sa id alley-way to more effectively carry said water. SECTION 3. That FRANK E. DLETTER ICH, the Mayor of the City of San Marcos, be and he is hereby AVTHORIZED and DIRECTED to make, execute and deliver a quit-Claim deed, quit-claiming unto Gene Scrutchin, his heirs and assigns, all right, title and interest in which the City of san Marcos may have, in and to said alley-way, subject to the rights above mentioned, his signatUre to such quit-claim deed to be attested by the City Clerk and the seal of the City to be affixed thereto. SECTION 4. That in said conveyance proper provisions be made for a covenant running with the land, authorizing the use by - 2 -