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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN }ffiRCOS, TEXAS, DECLARING THE NECESSITY
<br />OF ACQUIRING 7420 SQUARE FEET, MORE OR LESS,
<br />OUT OF TRACT TEN (10), OF THE A.W. WITHERS
<br />SUBURBAN TRACTS, A SUBDIVISION IN THE CITY OF
<br />SAN MARCOS, HAYS COUNTY, TEXAS, FOR A PUBLIC
<br />PURPOSE; DESCRIBING THE PROJECT FOR WHICH SAID
<br />PROPERTY IS TO BE ACQUIRED; DESCRIBING SAID
<br />PROPERTY; AUTHORIZING SAID CONDEMNATION; AU-
<br />THORIZING THE CITY ATTORNEY TO INSTITUTE
<br />CONDEMNATION PROCEEDINGS AND DECLARING AN EFFEC-
<br />TIVE DATE.
<br />
<br />ORDINANCE 1982-51
<br />
<br />WHEREAS, there exists a need to redevelop and improve
<br />Bishop Street in the City of San ~1arcos, Texas, said improve-
<br />ments to include paving, and performing drainage maintenance;
<br />and to lower a hill located on said street; and,
<br />
<br />WHEREAS, the City Council of the City of San Marcos, Texas,
<br />hereby finds and determines that the redevelopment and improve-
<br />ment of Bishop Street and the lowering of a hill located on said
<br />street would be of benefit to the public because said Bishop
<br />Street in its present condition is inconvenient, unsafe, and
<br />includes a dangerous and hazardous hill; and,
<br />
<br />WHEREAS, there exists the need for said City to acquire
<br />additional right-of-way to complete said redevelopment and
<br />improvement and to lower the dangerous and hazardous hill; and,
<br />
<br />WHEREAS, the City of San Marcos, Texas, has, by authority
<br />of Art. 1, ~17 of the Texas Constitution, Article 3264 et seq.,
<br />Texas Revised Civil Statutes, and Section 2.02 of the Charter
<br />of the City of San Marcos, the right of eminent domain for any
<br />municipal or public purpose; and,
<br />
<br />WHEREAS, the City of San Marcos has been unable to ag~ee
<br />and cannot agree with the owner of the hereinafter described
<br />parcel of real property as to the value of the land or the
<br />damages, the acquisition of said parcel being necessary to the
<br />redevelopment and improvement of Bishop Street and the lowering
<br />of said dangerous and hazardous hill on said street; and,
<br />
<br />WHEREAS, it is therefore necessary for the City of San
<br />Marcos, Texas, to condemn the following described property
<br />for the public purpose of the redevelopment and improvement of
<br />Bishop Street and the lowering of a hill located on said street:
<br />
<br />7420 SQUARE FEET, MORE OR LESS, OF LAND AREA IN
<br />THE E. CLARK SURVEY NO. 11, A-83, HAYS COUNTY,
<br />TEXAS, BEING A PORTION OF TRACT NO. 10 OF THE
<br />A.W. WITHERS SUBURBAN TRACTS SUBDIVISION AS
<br />RECORDED IN VOLU~lli 61, PAGE 50 OF THE HAYS
<br />COUNTY DEED RECORDS AND BEING A PORTION OF THAT
<br />TRACT OF LAND CONVEYED TO JOHN SCHWARZWALDER,
<br />ET UX, BY DEED DATED AUGUST 28, 1980 AND RECORDED
<br />IN VOLUME 346, PAGE 410 OF THE HAYS COUNTY DEED
<br />RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY
<br />METES AND BOUNDS AS FOLLOWS:
<br />
<br />BEGINNING at the northeast corner of the Schwarzwalder
<br />tract on the common line of Lot 10 of the A.W. Withers
<br />Suburban Tracts and Bishop Street;
<br />
<br />THENCE with the common line of Lot 10, the Schwarz-
<br />walder tract, and Bishop Street S8059'W 357.70 feet
<br />to the intersection of the west line of Bishop and
<br />the northwest line of Chicago Street of the A.W.
<br />Withers Suburban Tracts;
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