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<br />I <br /> <br />I <br /> <br />I <br /> <br />38 <br /> <br />ORDINANCE NO. 1974 - 44 <br /> <br />AN ORDINANCE CLOSING AND ABANDONING <br />PORTIONS OF MATTHEWS STREET IN THE <br />CITY OF SAN MARCOS, TEXAS; RELIN- <br />QUISHING TO JAMES H. McCROCKLIN AND <br />DR. ARLEIGH B. TEMPLETON ALL RIGHT, <br />TITLE, AND INTEREST OF THE CITY OF <br />SAN MARCOS IN AND TO SUCH PORTIONS <br />OF MATTHEWS STREET; AND DIRECTING <br />THE MAYOR OF THE CITY OF SAN MARCOS <br />TO EXECUTE AND DELIVER TO THE SAID <br />PERSONS QUITCLAIM DEEDS TO SAID <br />PORTIONS OF MATTHEWS STREET. <br /> <br />WHEREAS, a map or plat of the Third Division of <br />the Park Addition to the City of San Marcos, Texas, is <br />of record in Volume 56, page 47, Hays County Deed Records, <br />said map or plat, and its record, being hereby referred <br />to and made a part hereof for all legal, pertinent and <br />descriptive purposes; and, <br /> <br />WHEREAS, said map or plat reflects the creation of <br />the subdivision known as the Third Division of the Park <br />Addition; and, <br /> <br />WHEREAS, by instrument set forth in Volume 56, page <br />46, Hays County Deed Records, the streets and alleys shown <br />on said plat, including Matthews Street, were dedicated <br />to the use of the public; and, <br /> <br />WHEREAS, there is not indicated on said plat, nor <br />in the above-mentioned instrument, nor anywhere else, any <br />acceptance of jurisdiction by the County of Hays or the <br />City of San Marcos, nor have the County of Hays or the <br />City of San Marcos ever exercised, nor is either of them <br />now exercising any jurisdiction over the hereinafter <br />described portions of Matthews Street, one of the streets <br />shown on said map or plat, and no part of said portions of <br />Matthews Street has ever been graded, gravelled, paved, <br />or surfaced in any manner by said governmental entities, <br />nor has the public or either of said entities ever used <br />said portions of Matthews Street for any purpose what- <br />soever; and, <br /> <br />WHEREAS, James H. McCrocklin and Arleigh B. Templeton <br />are the sole owners of the land adjoining such portions <br />of Matthews Street on every side thereof except where such <br />portions abut upon other public streets; and, <br /> <br />WHEREAS, the said James H. McCrocklin and Arleigh B. <br />Templeton have petitioned the City of San Marcos to close <br />and abandon said portions of Matthews Street, and have <br />further petitioned said City to quitclaim to them all right, <br />title, and interest which said City may have therein; now, <br />therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS: <br /> <br />SECTION I. That the following portions of Matthews <br />Street herein described having been dedicated and filed of <br />record as the Third Division of the Park Addition to the <br />City of San Marcos, Hays County, Texas, as shown on said <br />map and plat, be, and is hereby, abandoned, vacated, dis- <br />continued, and closed as a public street of the City of <br />San Marcos; said portion of Matthews Street being more <br />particularly described as follows: <br />