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<br />- ORDINANCE 1990-34
<br />..;;:t'
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS ABANDONING AND VACATING A
<br />PORTION OF ,AN ALLEY WHICH ABUTS LOT 17-C OF
<br />THE RESUBDIVISION OF LOTS 16 AND 17 OF THE
<br />O. E. METCALFE ADDITION TO THE CITY OF SAN
<br />MARCOS, HAYS COUNTY, TEXAS AND UNPLATTED
<br />PROPERTY FRONTING ON COLUMBIA STREET IN SAN
<br />MARCOS, TEXASr AUTHORIZING THE CITY ~1ANAGER TO
<br />EXECUTE A SPEC IAL WARRANTY DEED; REFLECTING
<br />RECEIPT OF THE FAIR MARKET VALUE THROUGH AN
<br />EXCHANGE OF PROPERTY FOR EASEMENT PURPOSES AND
<br />DECLARING AN EFFECTIVE DATE,
<br />
<br />
<br />WHEREAS, a 2Ø foot by lØØ foot portion of a public alley is shown
<br />on the Resubdivision of Lots 16 and 17 of the O.E. Metcalfe Addition to
<br />the City of San Marcos, as shown on the plat of said addition recorded
<br />in Volume 4, Page 3Ø8, Hays County Plat Records; and,
<br />
<br />WHEREAS, the City of San Marcos desires to abandon this portion of
<br />the alleyr and,
<br />
<br />WHEREAS, Albert Pulido and Ruth Howard are the owners of all
<br />property abutting this portion of the alley; and,
<br />
<br />\vHEREAS, the City Council of the City of San Marcos, Texas, has
<br />determined that it is in the public interest to abandon this portion of
<br />the alley; and,
<br />
<br />WHEREAS, Albert Pulido and Ruth Howard have agreed to execute
<br />releases discharging the City from any damages occasioned by this
<br />abandonmentr and,
<br />
<br />WHEREAS, the City of San Marcos has determined by appraisal that
<br />the fair market value of this property is $1,64Ø.ØØ and the City has
<br />received through an exchange of land for easement purposes an
<br />equivalent value; now, therefore,
<br />
<br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS:
<br />
<br />SECTION 1. That a twenty foot by one hundred foot (2Ø' X lØØ')
<br />portion of an alley, which abuts Lot l7-C of the Resubdivision of Lots
<br />16 and 17 of the O.E. Metcalfe Addition to the City of San Marcos, the
<br />plat of said addition recorded in Volume 4, page 3Ø8, Plat Records of
<br />Hays County, Texas, and unplatted property fronting on Columbia Street
<br />in San Marcos, Texas, is hereby declared to be, vacated and abandoned
<br />as to any use, right, claim in, or responsibility for maintenance by
<br />the public in general and the City of San Marcos in particular.
<br />
<br />SECTION 2. That the City Manager of the City of San Marcos,
<br />Texas, is hereby authorized to execute a special warranty deed
<br />conveying to Albert Pulido the twenty foot by one hundred foot (2Ø' X
<br />lØØ') portion of alley which abuts his property.
<br />
<br />SECTION 3. That this Ordinance shall be in effect ten (lØ) days
<br />from and after its passage, and it shall be published in a newspaper of
<br />general circulation in the area as required by the Charter of the City
<br />of San Marcos, Texas.
<br />
<br />PASSED AND APPROVED on first reading April 9, 1990.
<br />
<br />PASSED AND APPROVED on second reading April 23, 1990.
<br />
<br />PASSED. APPWVED AND AOOPTED .' n4 L -1,..,
<br />
<br />r 1 ~ V l.fJ1MkJ
<br />
<br />
<br />Approved: A~t.~t-,: " ' ./)
<br />...-/} /J A_' - ~ ( '><¡J;,! '~ Q){/
<br />1/ t/~^. / f1ä>!ù.~j~;:
<br />Mark B. Taylor Ja~s K. Womack
<br />City Attorney City Secretary
<br />
<br />
<br />PUBLISHED IN THE SAN MARCOS NEWS, THURSDAY, MAY 17, 1990.
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