08221966 Regular Meeting - Laserfiche WebLink

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I~ , I I I STATE OF TEXAS l l l COUNTY OF HAYS WHEREAS, by deed dated December 4, 1954, Robert P. Lowman did con- vey to the City of San Marcos, three (3) tracts of land out of the Municipal Airport Subdivision to the City of San Marcos, which three (3) tracts of land are more fully described in said deed, which is re- corded in Volume 163, pages 426-30 of the Deed Records of Hays County, Texas; and, WHEREAS, said deed provided that said property was conveyed to the City of San Marcos "in further consideration in the agreement of the City of San Marcos to administer and use the land hereby conveyed as a municipal airport for twenty (20) years from date hereof," and said deed also contained the following provision: "to have and to hold un- to the said City of San Marcos, its successors and assigns, on condi- tion, however, that said city administer and use said premises as a municipal airport continuously for twenty years from date hereof, and if there is such continuous use and administration of said premises for twenty years from date hereof, said premises shall vest in fee simple in said city;" and, WHEREAS, a dispute has arisen between Robert P. Lowman and the City of San Marcos as to the correct interpretation of the language of said deed, insofar as it concerns the administration and use of the land conveyed in said deed as a municipal airport by the City, and the parties to said deed desire to eliminate any future disagreement, and to define what will constitute proper administration and use of said land as a municipal airport by the City of San Marcos, all to be done in order to eliminate any future disagreement, and have agreed to re- duce this agreement to writing in order that there will be no future question as to the obligation of the City of San Marcos under the provisions of said deed; (; f:>