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262. <br /> <br />ORDINANCE NO. 2003 - 45 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS APPROVING THE RELEASE OF AN <br />ELECTRIC UTILITY EASEMENT WITHIN TWO TRACTS OF <br />REAL PROPERTY OWNED BY AMERICAN CAMPUS (SWT <br />II), LTD. IN THE 200 BLOCK OF LINDSEY STREET; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE A <br />RELEASE OF EASEMENT; AND INCLUDING PROCEDURAL <br />PROVISIONS. <br /> <br />RECITALS: <br /> <br /> 1. The City of San Marcos owns an electric utility easement within property on <br />Lindsey Street owned by American Campus (SWT II) Ltd., which is about to begin the <br />construction of a residence hall on the property and on adjacent property owned by <br />Southwest Texas State University. American Campus has requested that the easement <br />be released in connection with the project. <br /> <br /> 2. The Electric Utility Department has reviewed and approved the request. The <br />easement will no longer be needed since the line within it will be removed and two homes <br />served by it will be demolished as part of the residence hall project. State law allows the <br />City to release utility easements in circumstances such as this without payment of cash <br />consideration by the property owner to the City. <br /> <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br /> SECTION 1. The release of the electric utility easement described in the attached <br />Release of Easement to American Campus (SWT II), Ltd. is approved. <br /> <br /> SECTION 2. The City Manager, Dan O'Leary, is authorized to execute the attached <br />Release of Easement on behalf of the City. <br /> <br /> SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance <br />is held to be unconstitutional or invalid by a court of competent jurisdiction, the other <br />provisions of this ordinance will continue in full force if they can be given effect without the <br />invalid portion. <br /> <br /> SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br /> <br /> SECTION 5. This Ordinance will take effect 10 days after the date of its final <br />passage, and the City Clerk will publish notice of its adoption in a newspaper of general <br />circulation in the City. <br /> <br /> <br />