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<br /> <br /> <br />61. <br /> <br />ORDINANCE NO. 2001 -~ <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS APPROVING THE ABANDONMENT OF A PORTION OF BISHOP <br />STREET NEAR ITS NEW INTERSECTION WITH CRADDOCK AVENUE; <br />APPROVING THE CONVEYANCE OF THIS PORTION OF BISHOP STREET <br />TO THE MILTON DANIEL BUIE PROPERTIES PARTNERSHIP; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. On June 26, 2000, the City Council approved a Property Exchange Agreement <br />("Agreement") between the City of San Marcos, Legend Communities, Inc., and the Milton Daniel <br />Buie Properties Partnership ("Buie"), in conjunction with the construction of a new intersection (the <br />"Intersection Project") on Bishop Street where it meets the portion of Bishop Street that was recently <br />renamed to Craddock Avenue. <br /> <br />2. The Planning and Zoning Commission approved the preliminary and final plats for the <br />Bishop's Crossing Subdivision, Section 1, based on the construction of the Intersection Project. <br /> <br />3. Section 3 of the Agreement provides that upon completion and acceptance of the <br />Intersection Project, the City will abandon the former Bishop Street right-of-way (the "Former Right- <br />of- Way"), depicted as Tract B on the attached Exhibit A, and convey it to Buie by Special Warranty <br />Deed. <br /> <br />4. The City Council conducted a public hearing on the abandonment of the Former Right-of- <br />Way on September 10 ,2001. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. The abandonment of the Former Right-of-Way is approved. <br /> <br />SECTION 2. The City Manager, Larry D. Gilley, is authorized to execute the Special <br />Warranty Deed attached to this ordinance conveying the Former Right -of- Way to the Milton Daniel <br />Buie Properties Partnership, upon issuance of a certificate of completion for the Intersection Project, <br />and upon the deeding by SDC Properties to the City of the two tracts of land comprising the new <br />right-of-way for the Intersection Project. <br /> <br />SECTION 3. This Ordinance will take effect lO days after the date of its final passage, and <br />the City Secretary will publish notice of its adoption in a newspaper of general circulation in the <br />City. <br /> <br />PASSED AND APPROVED on first reading September 10, 2001. <br /> <br />PASSED AND APPROVED on second reading September 1 7, 2001 <br /> <br />C:\TEMP\street abandonment-Buie.doc <br />