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108. <br /> <br /> ORDINANCE NO. 2003 - 31- o~ -< <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ~: m <br /> m 3D <br />MARCOS, TEXAS APPROVING THE SALE OF A FORMER WELL SITE IN <br /> O <br />GREEN HAVEN ESTATES, BETWEEN 226 AND 304 BOOTH DRIVE, TO <br />EDWARD P. GREEN AND MARILYN I. GREEN, AND TO TIMOTHY <br />ELLISON AND SANDRA ELLISON; AUTHORIZING THE CITY MANAGER <br />TO EXECUTE SPECIAL WARRANTY DEEDS; AND INCLUDING <br />PROCEDURAL PROVISIONS. <br /> <br />RECITALS: <br /> <br />1. The City is the owner of a former Elim Water Company well site (the "Property") that lies <br />in Lots 6 and 7 of Green Haven Estates. <br /> <br />2. Edward P. Green and Marilyn I. Green submitted a request to purchase a 0.17 acre <br />portion of the Property, and Timothy Ellison and Sandra EIlison submitted a request to <br />purchase a 0.29 acre portion of the Property. <br /> <br />3. A staff analysis has been made that has determined that 1) there is no present or <br />anticipated future need for the City to retain the Property, and 2) the size and shape of the <br />Property make it unsuitable for independent use. <br /> <br />4. The Greens and the Ellisons obtained an appraisal to establish the value of the <br />Property, and a value of $1,000.00 has been established for the entire Property ($630.00 <br />for the 0.29 acre tract and $370.00 for the 0.17 acre tract). <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. The sale of the 0.17 acre portion of the Property to Edward P. Green and <br />Marilyn I. Green for $370.00 is approved, and the sale of the 0.29 acre portion of the <br />Property for $630.00 to Timothy Ellison and wife, Sandra Ellison, is approved. <br /> <br />SECTION 2. The City Manager, Dan O'Leary, is authorized to execute the attached <br />Special Warranty Deeds conveying to the Greens and to the Ellisons the respective <br />properties described above. <br /> <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions <br />of this ordinance will continue in full force if they can be given effect without the invalid <br />portion. <br /> <br />SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br /> <br /> <br />