Ord 2001-081 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2001 - 81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE ABANDONMENT OF A 0.247 ACRE TRACT OF UNOPENED RIGHT-OF-WAY AND EMERGENCY ACCESS OF MEINERS STREET LOCATED NORTHWEST OF THE 100 AND 200 BLOCKS OF MILL STREET; APPROVING THE CONVEYANCE OF THIS TRACT TO CAPSTONE SAN MARCOS, LLC OR ITS DESIGNEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED; AND DECLARING AN EFFECTIVE DATE. 118. RECITALS: 1. On August 28, 2001, the City Planning and Zoning Commission conducted a public hearing on the proposed abandonment of that certain unopened portion of Meiners Street (twenty foot (20') right of way) dedicated on the plat of Millview Addition, a subdivision of record in Volume 112, Page 59 of the Deed Records of Hays County, Texas, and that certain fifty foot (50') wide emergency exit dedicated on the plat of Satterwhite Subdivision, a subdivision of record in Book 9, Page 236 of the Plat Records of Hays County, Texas (this right of way and emergency exit and referred to hereinafter together as the "Right of Way"), as the same encumber the 0.247 acre tract of land owned by the City northwest of the 100 and 200 blocks of Mill Street and more particularly described upon Exhibit A attached hereto (the "Right of Way Tract"),. and voted to recommend approval of the proposal. 2. The City Council conducted a public hearing on the abandonment of the Right-of-Way on October 8, 2001. 3. The owner of the property abutting the Right-of-Way, Capstone San Marcos, LLC, ("Capstone"), has requested this abandonment, and has agreed to convey Lots 17, 20 and 31 of the A.M. Ramsay Subdivision (the "Proposed Park") to the City in exchange for the City's conveyance of the Right-of-Way Tract to Capstone or Capstone's designee. Capstone is in the process of constructing an apartment complex and commuter parking facility for the Texas State University System Foundation on the property known as the Satterwhite property near the intersection of Aquarena Springs Drive and Mill Street. 4. The value of the area of the Proposed Park, as determined by a written appraisal, equals or exceeds the value of the Right-of-Way Tract. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The abandonment of the area of the Right of Way is approved, and the City forever vacates, abandons, and releases the Right of Way.. SECTION 2. The City Manager, Larry D. Gilley, is authorized to execute the Special Warranty Deed attached to this ordinance conveying the Right-of-Way Tract to Capstone or its designee in exchange for the Proposed Park. C:ITEMPlabandonment-Meiners street.doc