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ORDINANCE NO. 2013-28 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE ABANDONMENT OF A 20 FOOT BY <br />84 FOOT, MORE OR LESS, ALLEY SECTION AT 1127 WEST SAN <br />ANTONIO STREET; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE A QUITCLAIM DEED TO THE ABUTTING OWNER UPON <br />PAYMENT OF THE FAIR MARKET VALUE OF SAID ABANDONED <br />ALLEY SECTION IN THE AMOUNT OF $2,264.00; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The City Planning and Zoning Commission conducted a public hearing on an <br />application requesting the abandonment of a 20 foot by 84 foot, more or less, alley section at 1127 <br />West San Antonio Street, as shown in Exhibit "A," and voted to recommend that the City Council <br />approve the request. <br />2. The fair market value of the alley section subject to the abandonment request, as <br />established by an appraisal, is $2,264.00. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The abandonment of a 20 foot by 84 foot, more or less, alley section at 1127 <br />West San Antonio Street, as shown in Exhibit "A," is approved. <br />SECTION 2. Subject to the requirements of Division 3 of Chapter 74 of the San Marcos <br />City Code, the City Manager is authorized to execute a quitclaim deed conveying the property <br />comprising the abandoned alley section to the abutting owner upon payment by such owner of the <br />fair market value of said property in the amount of $2,264.00 to the City. <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 4: All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br />SECTION 5. This Ordinance will take effect immediately after the date of its final passage. <br />PASSED AND APPROVED on first reading on June 18, 2013. <br />PASSED, APPROVED AND ADOPTED on second reading on July 2, 2013. <br />