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ORDINANCE NO. 2012 -54 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE ABANDONMENT OF A 445'x 50' <br />SECTION OF RUSH HAVEN BETWEEN GOLDEN SHADOW AND <br />MORNING SHADOW, MORNING SHADOW BETWEEN NEWBERRY <br />TRAIL AND TRESTLE TREE CONSISTING OF A TOTAL OF 643 FEET <br />AND OF A WIDTH VARYING FROM 50 FEET TO 80 FEET, AND A 50'x <br />84' SECTION OF TRESTLE TREE ADJACENT TO MORNING SHADOW; <br />APPROVING THE CONVEYANCE OF THE PORTIONS OF THESE <br />STREETS TO THE OWNER OR OWNERS OF PROPERTY ABUTTING <br />THE STREETS SUBJECT TO A RESERVATION OF A PUBLIC UTILITY <br />EASEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ONE <br />OR MORE QUITCLAIM DEEDS TO SUCH ABUTTING OWNERS; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. On November 13, 2012, the City Planning and Zoning Commission conducted a public <br />hearing on an application requesting the abandonment unimproved right -of -way for the following <br />sections of streets in the Blanco River Village Subdivision totaling approximately 1.62 acres as <br />depicted in the map attached as Exhibit "A" and the survey attached as Exhibit `B ": <br />a. 50' x 445'section of Rush Haven between Golden Shadow and Morning Shadow; <br />b. 50' x 533 foot portion of Morning Shadow; <br />C. 80' x 110' section of Morning Shadow; <br />d. 50' x 84' section of Trestle Tree adjacent to Morning Shadow. <br />2. The Planning and Zoning Commission voted to approve the request with the condition <br />that the City reserve a public utility easement within the entire abandoned portion of Rush Haven and <br />the abandoned portion of Trestle Tree at the time of replatting the property. <br />3. On December 4, 2012 the City Council conducted a public hearing and considered <br />whether to authorize the abandonment of the specified street sections to the abutting property <br />owner(s). <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The abandonment of the following street sections consisting of a total area of <br />approximately 1.62 acres ( "Property "), as shown in the map attached as Exhibit "A" and described in <br />1 <br />