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<br /> 94 <br /> THE STATE OF TEXAS <br /> RELEASE <br /> COUNTY OF HAYS <br /> WHEREAS, the City of San Marcos, Texas, (City) <br /> is considering the matter of vacating and abandoning an <br /> undeveloped 9,979.6 square foot portion of David Street <br /> between Brown Street and Benefit Street as shown on the plat <br /> of the Cedar Plateau Subdivision of the City of San Marcos, <br /> Hays County, Texas, recorded in Volume 56, Page 349 of the <br /> Hays County Deed Records; and <br /> WHEREAS, the Nature Conservancy of Texas, Inc. <br /> is an owner of property abutting this portion of David Street <br /> to wit: Lot 2, Block 8 of the Cedar Plateau Subdivision of <br /> the City of San Marcos, Hays County, Texas and a 0.79 acre, <br /> more or less, tract of land out of the J.M. Veramendi League <br /> No. One in Hays County, Texas as recorded in Volume 22l Page <br /> 472 of the Hays County Deed Records; and, <br /> WHEREAS, this portion of David Street has <br /> never been developed or used by the public or by the abutting <br /> owners for ingress, roadway, or utility purposes; and, <br /> WHEREAS, it is to the advantage of the <br /> undersigned and to the advantage of the public generally to <br /> abandon this portion of David Street; <br /> NOW, THEREFORE, in consideration of benefits <br /> to be received by the undersigned and the general public, <br /> which are hereby acknowledged, the Nature Conservancy of <br /> Texas, Inc. does hereby fully and forever release, acquit and <br /> discharge the City, its officers, successors and assigns, <br /> from any and all actions, causes of action, claims and <br /> demands of whatsoever kiI'-d or nature on account of the <br /> vacation and abandonment of this portion of David Street as <br /> described above. <br /> It is expressly understood and agreed that <br /> this release is intended as a full consent to the vacation <br /> and abandonment of this portion of the alley and is intended <br />