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<br />~~ ORDINANCE 1992- 41
<br />
<br />~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS, ABANDONING AND VACATING
<br />A 15 FOOT BY 315 FOOT ALLEY, AND BEING THAT
<br />ALLEY WHICH ABUTS LOTS 236-241 AND 262-267,
<br />BLOCK 40 OF THE WESTOVER ADDITION TO THE CITY
<br />OF SAN MARCOS, HAYS COUNTY, TEXAS; AUTHORIZING
<br />THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY
<br />DEED; REFLECTING RECEIPT OF THE FAIR MARKET
<br />VALUE AND DECLARING AN EFFECTIVE DATE.
<br />
<br />WHEREAS, a 15 foot by 315 foot alley in Block 40 of the
<br />Westover Addition to the City of San Marcos, Hays County, Texas,
<br />which abuts lots 236-241 and lots 262-267, is shown on the plat of
<br />this Addition, recorded in Volume 59, Pages 184-185, Hays County
<br />Deed Records; and,
<br />
<br />WHEREAS, the city of San Marcos has been requested by Westover
<br />Baptist Church through its Trustees to abandon this alley; and,
<br />
<br />WHEREAS, the City of San Marcos has determined that Westover
<br />Baptist Church, through its Trustees Alton Hill, Marion Wills and
<br />Floyd Lackey, is the sole owner of all property abutting this alley
<br />within the Westover Addition to the City of San Marcos; and,
<br />
<br />WHEREAS, the City Council of the City of San Marcos, Texas,
<br />has determined that it is in the public interest to abandon this
<br />alley; and,
<br />
<br />WHEREAS, the Westover Baptist Church through its Trustees
<br />Alton Hill, Marion wills and Floyd Lackey has executed a release
<br />discharging the City from any damages occasioned by this vacation
<br />and abandonment; and,
<br />
<br />WHEREAS, the City of San Marcos has determined by appraisal
<br />that the fair market value of this property is Two Hundred and
<br />Eighty-Five Dollars ($285.00) and this amount has previously been
<br />deposited with the City; now, therefore,
<br />
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
<br />
<br />SECTION 1. That a 15 foot by 315 foot alley in Block 40 of
<br />the Westover Addition to the City of San Marcos, Texas which abuts
<br />Lots 236-241 and Lots 262-267, of this addition as recorded in
<br />Volume 59, Pages 184 and 185, Hays County Deed Records, is hereby
<br />declared to be, vacated and abandoned, as to any use, right, claim
<br />in, or responsibility for the upkeep and maintenance by the public
<br />in general and the City of San Marcos in particular.
<br />
<br />SECTION 2. That the City Manager, Larry D. Gilley, is hereby
<br />authorized to execute a special warranty deed conveying to Westover
<br />Baptist Church, through its trustees Alton T. Hill, Marion wills
<br />and Floyd Lackey, this 15 foot by 315 foot alley which abuts its
<br />property.
<br />
<br />SECTION 3. That this Ordinance shall be in effect ten (10)
<br />days from and after its passage, and it shall be published in a
<br />newspaper of general circulation in the area as required by the
<br />Charter of the City of San Marcos, Texas.
<br />
<br />PASSED AND APPROVED on first reading May 4, 1992.
<br />
<br />PASSED AND APPROVED on second reading May 11, 1992.
<br />
<br />PASSED, APPROVED AND ADOPTED June 8, 1992
<br />
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<br />
<br />Mayor Pro Tern
<br />
<br />Published in the San Marcos Daily Record, Thursday, June 11, 1992.
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