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<br />ORDINANCE NO. 1973 - 59
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<br />AN ORDINANCE CLOSING AND ABANDONING AN ALLEY WHICH IS
<br />PART OF THE PARK ADDITION TO THE CITY OF SAN MARCOS,
<br />TEXAS, NAMELY THAT ALLEY BOUNDED BY PEACH TREE STREET
<br />AND LOTS NUMBER 65 AND 66 OF SAID ADDITION; RELINQUISH-
<br />ING TO STEPHEN L. BOX AND BARNETT BAKER, ALL RIGHT
<br />TITLE AND INTEREST OF THE CITY OF SAN MARCOS IN AND TO
<br />SAID ALLEY; AND DIRECTING THE MAYOR OF SAID CITY OF
<br />EXECUTE AND DELIVER TO SUCH PERSONS QUITCLAIM DEEDS TO
<br />PDRTIONS OF SAID ALLEY.
<br />
<br />~ ~ ~ ~ * * ~ ~ ~ * * * * ** *
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<br />WHEREAS, a map or plat of the First and Second Divisions of the Park Addi-
<br />tion to the City of San Marcos is of record in Volume 54, Page 420, Hays County
<br />Deed Records, said map or plat, and its record, being hereby referred to and made
<br />a part hereof for all legal, pertinent and descriptive purposes; and,
<br />
<br />WHEREAS, said map or plat created the subdivisions known as the First and
<br />Second Divisions of the Park Addition to the City of San Marcos, Texas, and the
<br />deed of dedication, accompanying same, dedicated to the use of public the streets
<br />and alleys shown on said plat, including that alley bounded by Peach Tree Street
<br />and Lots Nos. 65 and 66 of said addition; and,
<br />
<br />WHEREAS, there is not indicated on said plat or elsewhere of record any
<br />acceptance by the County of Hays or the City of San Marcos, nor have the County
<br />of Hays and City of San Marcos ever exercised, nor is either of them now exercis-
<br />ing any jurisdiction over any part of said alley, and no part of said alley has
<br />ever been graded, graveled, paved or in any wise used by the publ ic as a passage-
<br />way, nor has the said alley been used by the County of Hays, the City of San Marcos
<br />or the Public for any purpose; and,
<br />
<br />WHEREAS, Stephen L. Box and Barnett Baker are the owners of all the land-
<br />adjoining said alley on the southwest and northeast sides thereof, said alley
<br />otherwise bordering on Peach Tree Street, all as shown on said map or plat, and
<br />the said Staphen L. Box and Barnett Baker have petitioned the City of San Marcos
<br />to close and abandon said alley, and have further petitioned the City of San
<br />Marcos to quitclaim said alley to them:
<br />
<br />NOW, THEREFORE, be it enacted and ordained by the City Council of the
<br />City of San Marcos, Texas:
<br />
<br />I. All of the above mentioned and described alley be, and it is hereby
<br />abandoned, vacated, discontinued and closed as a publ ic alley of the City of
<br />San Marcos,
<br />
<br />2. That the City of San Marcos, Texas, rei inquishes hereby to the said
<br />Stephen L. Box and Barnett Baker all right, title and interest of the City of
<br />San Marcos, in and to the said alley, and further, that the Mayor of the City of
<br />San Marcos is hereby authorized, empowered and directed to execute and deliver
<br />to the said Stephen L. Box and Barnett Baker, respectively, quitclaim deeds,
<br />each covering one-half of said alley, such qUitclaims to be executed and delivered
<br />in the due and usual form by the Mayor and City Secretary, in their respective
<br />capacities, and with the seal of the City of San Marcos and attestation of the
<br />City Secretary affixed and shown thereon.
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<br />APPROVED AND PASSED on fj rs tread i ng the 23rd day of October
<br />APPROVED AND PASSED on second read i ng the ~ day of November
<br />APPROVED AND PASSED on th i rd read i ng the ~ day of November
<br />
<br />, 1973.
<br />, 1973.
<br />, 1973.
<br />
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<br />City Secre ary
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<br />CIty Attorney
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