Ord 1999-096 - Laserfiche WebLink

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~ ~ Cl~1 ~ 8 u r"J ' ~! 0 ~ 12. ,...- 0:::2 ~<<lI i.o.J::'E e5c LU3il en..... >0. t.-b 50 ORDINANCE NO. 1999-96 AN ORDINANCE OF THE CITY OF SAN MARCOS VACATING AND ABANDONING EASEMENTS; AUTHORIZING A RELEASE OF EASEMENTS TO BE EXECUTED AND RECORDED BY THE CITY; AUTHORIZING A TEMPORARY ROADWAY EASEMENT; DEDIC A TING 0.160 ACRES OF PUBLIC RIGHT-OF-WAY; MAKING FINDINGS OF FACT; AND PROVIDING FOR RELATED MATTERS. Whereas, the City of San Marcos (the "City") advertised bids for the exchange of Lot A, Municipal Airport Subdivision, San Marcos, Hays County, Texas ("Lot A"); Whereas, it is in the public interest and necessary, to the planning and layout of the City, to plan a public right-of-way ("ROW") connecting IH-35 with an extension of Leah Avenue, and to dedicate a 0.160 acre tract of such ROW out of Runway Number One; Whereas, the hereinafter described easements (the "Easements"), located on Lot A, and on a tract of land conveyed to W. C. Carson by a deed recorded at Volume 845, Page 806, Hays County Deed Records (the "Carson Tract"), are not needed by the City due to the laying out of a road to connect IH-35 and Leah Avenue; Whereas, the City is the owner of the underlying fee title to Lot A, and W. C. Carson is the owner of the fee title to the remainder of the land on which the Easements are located; and Whereas, Brian F. McCoy and wife, Wetoilllah L. McCoy, have separate recorded easements over Lot A and the Carson Tract, that are included in the Easements; Whereas, W. C. Carson, and Brian and Wetonnah McCoy, have agreed separately to execute a Release, Waiver and Consent, releasing the Easements and consenting to the City vacating, abandoning and releasing the Easements; Whereas, the vacation and abandonment of the Easements is authorized by State law, will serve a legitimate public purpose, and will benefit the economic development of the City; and Whereas, to provide W. C. Carson with alternative access to the Carson Tract to replace the access lost to the Carson Tract by reason of the release of one or more of the Easements, and as consideration to W. C. Carson for the release of the Easements, it is in the public interest for the City to grant to W. C. Carson a Roadway Easement over a portion of Runway Number One; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, THAT: Section 1. Findings of Fact. The findings and recitations set out hereinabove are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.