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Res 1998-200
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Last modified
4/27/2007 2:19:10 PM
Creation date
4/24/2007 2:23:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1998-200
Date
10/26/1998
Volume Book
134
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<br /> REQUEST BY LAND OWNER FOR FORMAL ABANDONMENT <br /> OF EASEMENT AND RIGHT OF WAY <br /> TANGRAM REHABILITATION NETWORK, INC., is the owner of land which is legally <br /> described as: <br /> All of Lot No. Four-A (4A) of the Resubdivision of a portion of Lot Nos. Three (3) and Four <br /> (4), Block Twenty-Six (26) of the Original Town of San Marcos, according to the map or plat <br /> thereof recorded in Volume 3, page 240 of the Plat Records of Hays County, Texas. <br /> On April 17, 19S4 an easement and right of way for electrical transmission and/or distribution <br /> lines was granted. It is described as follows: Seven and one-half foot (7.5') by sixty-five foot <br /> (65') easement for utility purposes granted in favor of Lower Colorado River Authority <br /> ("LCRA"), by instrument recorded in Volume 435, pages 214-216 of the Real Property <br /> Records of Hays County, Texas. <br /> It is believed that this easement was subsequently assigned by the LCRA to the City of San <br /> Marcos and that this fourteen (14) year old easement has been abandoned. The electrical <br /> transmission and distribution lines that currently exist on the property exist in the easement that <br /> was granted to the City of San Marcos that borders the eastern property line. <br /> Attached i~ a photocopy of a survey performed by David Williamson that depicts the current <br /> position ofthe power lines and also depicts the old, abandoned easement which you will note <br /> appears to be located in the middle of an existing building and leads to nowhere. Mr. <br /> Williamson, the surveyor said that he had discussed this 4-17-84 easement with Ronnie Lacaze, <br /> San Marcos Electrical Utility ("SMEU") and Dick Howell an employee of the City Attorney's <br /> (San Marcos) office. They all agreed that the 4-17-S4 easement had been abandoned. <br /> Tangram is currently involved in a merger transaction. This abandoned easement is a title <br /> problem that needs to be cured immediately. Therefore, Tangram formally requests that <br /> SMEU and the City of San Marcos execute a document which formalizes the fact that the 4-17- <br /> S4 easement has been abandoned. <br /> ~. ~£/ ~ <br /> Vicki Brittain <br /> Attorney for Tangram Rehabilitation Network, <br /> Inc. <br />
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