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<br /> 95 <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, A.C. Floege and Velma Floege are the <br /> owners of property abutting this portion of David Street to <br /> wit: Lots 1 and 12 of Block 6 of the Cedar Plateau <br /> Subdivision of the City of San Marcos, Hays County, Texas; <br /> 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; and, <br /> WHEREAS, A.C. and Velma Floege release any <br /> right they may have, under Section 272.001 of the Texas Local <br /> Government Code, to an apportionment of the abandoned roadway <br /> area; <br /> NOW, THEREFORE, in consideration of benefits <br /> to be received by the undersigned and the general public, <br /> which are hereby acknowledged, A.C. Floege and Velma Floege <br /> do hereby fully and forever release, acquit and discharge the <br /> City, its officers, successors and assigns, from any and all <br /> actions, causes of action, claims and demands of whatsoever <br /> kind or nature on account of the vacation and abandonment of <br /> the portion of David Street as described above. <br /> It is expressly understood and agreed that <br /> this release is intended as a full consent to the vacation <br />