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SECTION 3. That the City of San Marcos has been unable to agree and cannot agree with the owners of said parcel, John C. Schwarzwalder, and Ruth Dierker Schwarzwalder upon the value of the land or the damages. SECTION 4. That the condemnation of the above described parcel of land is hereby authorized. SECTION 5. That the City Attorney of the City of San Marcos, Texas, Barbara Jean Edwards, be, and s0e is hereby, authorized to institute condemnation proceedings in a court of proper jurisdic- tion for the purpose of acquiring the following described property for the redevelopment and improvement of Bishop Street and the lowering of a hill located on said street; 7420 SQUARE FEET, MORE OR LESS, OF LAND AREA IN THE E. CLARK SURVEY NO. 11, A-83, HAYS COUNTY, TEXAS, BEING A PORTION OF TRACT NO. 10 OF THE A.W. WITHERS SUBURBAN TRACTS SUBDIVISION AS RE- CORDED IN VOLUME 61, PAGE 50 OF THE HAYS COUNTY DEED RECORDS AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO JOHN SCHWARZWALDER, ET UX, BY DEED DATED AUGUST 28, 1980 AND RECORDED IN VOLUME 346, PAGE 410 OF THE HAYS COUNTY DEED REC- ORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northeast corner of the Schwarzwalder tract on the common line of Lot 10 of the A.W. Withers Suburban Tracts and Bishop Street; THENCE with the common line of Lot 10, the Schwarz- walder tract, and Bishop Street S8059'W 357.70 feet to the intersection of the west line of Bishop and the northwest line of Chicago Street of the A.W. Withers Suburban Tracts; THENCE with the common line of Lot 10, the Schwarz- walder tract, and Chicago Street S45049'W 33.36 feet to a point for the south corner of this tract; THENCE crossing the Schwarzwalder tract with a line 40 feet from and parallel to the centerline of Bishop Street N8059'E 384.40' feet to a point in the north line of the Schwarzwalder tract for the northwest corner of this tract; THENCE with the north line of the Schwarzwalder tract S81001'E 20.00 feet to the PLACE OF BEGINNING. SECTION 6. That this Ordinance shall be in full force and effect ten (10) days from and after final passage and publication in a newspaper of general circulation. PASSED AND APPROVED on first reading September 13, 1982. PASSED AND APPROVED on second reading September 27, 1982. PASSED, APPROVED AND ADOPTED October 11, 19~2. ~~ Emmie Craddock ~t est: (JI) Mayor.~ . ~L/f.(y/~ ~p roved: anis K. Womack ~ City Secretary ~rbara J~n~~ Clty Atto~Edwai Published in the DAILY RECORD October 17, 1982.