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<br /> <br /> <br />ORDINANCE 1988-59 <br /> <br />25 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH <br />REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, <br />STRUCTURES AND LAND, DATED JUNE 13,1984 (VOL. 66) BY <br />ZONING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONSISTING <br />OF 1.40 ACRES OF LAND OUT OF THE J.M. VERAMENDI SURVEY NO. <br />2, SAN MARCOS, HAYS COUNTY, TEXAS, BEING THAT TRACT OF <br />LAND DESCRIBED AS 1.5 ACRES IN A DEED FROM WILLIE LEE <br />TOLBERT, WIDOW, TO HATTIE CALVIN, SAID DEED DATED DECEMBER <br />22, 1971, AND RECORDED IN VOLUME 267, PAGE 159, HAYS COUNTY <br />DEED RECORDS, BEING ALSO A PORTION OF THAT TRACT OF 10 <br />ACRES OF LAND CONVEYED TO JUDGE LAMPKIN, ET UX., BY A.C. <br />WILLIS, ET UX., BY DEED DATED MAY 2,1938, AND RECORDED IN <br />VOLUME 116, PAGE 446, HAYS COUNTY DEED RECORDS, LOCATED <br />AT 132 JACKSON STREET FROM "M" (SINGLE-FAMI LY, DUPLEX, <br />AND NEIGHBORHOOD BUSINESS) DISTRICT TO "OP" (OFFICE- <br />PROFESSIONAL) DISTRICT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />WHEREAS, on June 21,1988 the Zoning Commission of the City of San <br />Marcos held a public hearing regarding a request to change the <br />zoning from "M" (Single-Family, Duplex and Neighborhood <br />Business) District to "OP" (Office-Professional) District of 1.40 <br />acres of land out of the J.M. Veramendi Survey No.2, to the City of <br />San Marcos, Hays County, Texas; and, <br /> <br />WHEREAS, subsequent to said public hearing on said date, said <br />Commission did, on June 21,1988, consider said request and vote <br />to approve the same and has recommended that such request <br />be approved by the City Council of said City; and, <br /> <br />WHEREAS, said City Council held a public hearing on the <br />of August, 1988, regarding such request; and, <br /> <br />22nd <br /> <br />day <br /> <br />WHEREAS, all requirements of Appendix A, General Zoning <br />Ordinance, of the Code of Ordinances of the City of San Marcos <br />pertaining to amendments have been met; and, <br /> <br />WHEREAS, said City Council hereby finds and determines that the <br />adoption of the following ordinance is in the interest of the public <br />health, morals, welfare and safety; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br /> <br />SAN <br /> <br />MARCOS, <br /> <br />TEXAS: <br /> <br />SECTION 1. That the following described tract of real property <br />located in San Marcos, Hays County, Texas, which is presently <br />zoned "M" (Single-Family, Duplex and Neighborhood Business) District <br />be rezoned "OP" (Office-Professional) District: <br /> <br />All that certain tract or parcel of land consisting of 1.40 <br />acres of land out of the J.M. Veramendi Survey No.2, San <br />Marcos, Hays County, Texas, being that tract of land described <br />as 1.5 acres in a deed from Willie Lee Tolbert, widow, to Hattie <br />Calvin, said deed dated December 22, 1971, and recorded in <br />Volume 267, Page 159, Hays County Deed Records, being also a <br />portion of that tract of 10 acres of land conveyed to Judge <br />Lampkin, et ux., by A.C. Willis, et ux., by deed dated May 2, <br />1938, and recorded in Volume 116, page 446, Hays County Deed <br />Records, said 1.40 acre tract is more particularly described by <br />metes and bounds as follows: <br /> <br />BEGINNING at an iron stake found at the most Easterly corner of <br />that tract of land conveyed to Theodore W. Breihan by Simon <br />Guerrero, et ux., by deed dated January 10, 1969, and recorded <br />in Volume 222, page 544, Hays County Deed Records, same being <br />the most Northerly corner of the said Calvin tract and the most <br />Northerly corner of the tract herein described in the <br />Southwesterly line of Jackson Lane; <br /> <br />THENCE, leaving the said Breihan tract, with the Southwesterly <br />line of Jackson Lane, S. 46 degrees 40' E., 145.99 feet to an <br />iron stake set for the most Easterly corner of the tract herein <br />described, same being the most Easterly corner of the said <br />Calvin tract and the most Northerly corner of that tract of 0.93 <br />acres of land conveyed to Lloyd Jary by E.L. Emerson by deed <br />dated May 22,1972, and recorded in Volume 251, page 247, Hays <br />County Deed Records; <br />