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ORDINANCE NO. 2011, 71 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE ABANDONMENT OF AN <br />UNIMPROVED PORTION OF ADVANCE STREET BETWEEN THE FATS <br />AT 800 AND 804 BISHOP STREET, APPROVING THE CONVEYANCE OF <br />THIS ABANDONED STREET SECTION PRO RATA TO THE OWNERS OF <br />ABUTTING LOTS, AUTHORIZING THE CITY MANAGER TO EXECUTE <br />DEEDS TO SUCH ABUTTING LOT OWNERS UPON PAYMENT OF THE <br />FAIR MARKET VALUE OF SAID ABANDONED STREET SECTION; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS; <br />1, On November 8, 2011, the City Planning and zoning Commission conducted a public <br />hearing on an application requesting the abandonment of an approximately 171.35 foot by 50 foot <br />wide unimproved portion of Advance Street between the lots at 800 and 804 Bishop Street, as shown <br />in the, map attached as Exhibit "A," and voted unanimously to approve the, request. <br />2, All abutting owners joined in or concurred with the application requesting the <br />abandonment. <br />3, The fair market value of the, street section subject to the abandonment request, as <br />established by an appraisal, is $ 10,700.00, <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS. <br />TEXAS; <br />SECTION 1, The abandonment of the unimproved portion of Advance Street between the, <br />lots at 800 and 904 Bishop Street. as shown in the map attached as Exhibit "A," is approved, <br />SECTION 2, Subject to the requirements of Division 3 of Chapter 74 of the San Marcos <br />City Code, the City Manager is authorized to execute dads conveying the property comprising the <br />abandoned street section pro rata to the owners of the abutting lots upon payment by such owners of <br />the fair market value of said property to the, City. <br />SECTION X If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction. the other provisions of this <br />ordinance will continue in force. if they can be given effect without the invalid portion. <br />SECTION 4: All ordinances and resolutions or parts of ordinances or resolutions in conklict <br />with this ordinance are repealed, <br />SECTION 5, This Ordinance will take effect immediately after the date of its final passage. <br />