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<br />lID.. CITY OF SAN MARCOS <br /> <br /> OFFICE MEMORANDUM <br />TO: Stephanie Langenkamp <br /> Library Director <br />FROM: Mark TaYlor~ <br /> City Attorney <br />JBJECT: Status of the Title to a 3.5 Acre Tract of Real Property Upon <br /> Which Construction of New Library Facilities Will Be Made <br /> Utilizing LSCA Funding. <br />DATE: <br /> June 26, 1991 <br />You have requested my opinion regarding the City of San Marcos I <br /> interest in the proposed 3.5 acre site for the new library. After <br /> review of the documents affecting title to this site, it is my <br /> opinion that the City of San Marcos, Hays County, Texas, a <br /> municipal corporation, owns fee simple title to this property and <br /> such title is leg al and valid. <br /> The City of San Marcos, Texas obtained fee simple title to a 53.8 <br /> acre tract, including the real property herein concerned, by <br /> warranty deed dated May 5, 1950, the same being recorded in Volume <br /> 146, Page 327, Hays County Deed Record s. In 1972, the City <br /> Council of the City of San Marcos dedicated this 53.8 acre tract, <br /> with limited exceptions, for park and recreational related <br /> activities (See Ordinance 1972-25). Thereafter, portions of this <br /> 53.8 acre tract have had this dedication removed by the voters of <br /> the City of San Marcos. Most recently, the voters rededicated an <br /> undesignated 3.5 acre tract out of a 25 acre portion of the 53.8 <br /> acre tract for the construction and operation of a city library <br /> (Ordinance 1991-16). This 25 acre portion is presently burdened <br /> only by a long-term lease of the Army Reserve site on the <br /> Southeast side of the tract. <br /> This undesignated 3.5 acre tract is part and parcel of the larger <br /> tract of 53.8 acres to which the City of San Marcos holds legal <br /> and valid fee simple title as evidenced by the heretofore <br /> mentioned warranty deed. So long as the final selected site is <br /> within the 25 acre portion of the 53.8 acre tract, and does not <br /> exceed 3.5 ac res in si ze, and does not include any of the area <br /> leased to the Army Reserve, adequate legal authority and title is <br /> vested in the City for construction of the new library facility. <br /> TB/jvr <br />