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ORDINANCE NO. 2008-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ANNEXING TO THE CITY TWO AREAS OF LAND CONSISTING OF 563.199 AND 13.069 ACRES, MORE OR LESS, LOCATED ON STAPLES ROAD (FM HWY 621) EAST OF THE PRESENT CITY LIMITS; APPROVING A SERVICE PLAN FOR THIS AREA; AND INCLUDING PROCEDURAL PROVISIONS. RECITALS: 1. The City Council of the City of San Marcos, Texas, provided an opportunity for all interested persons to be heard at two public hearings, held on March 4, 2008 and on March 18, 2008, to consider the proposed annexation by the City of two tracts of land consisting of 563.199 and 13.069 acres, more or less, located on Staples Road in Hays and Guadalupe County, Texas (collectively the "Annexation Area "), consisting of all of the following tracts of property: A. The 563.199 acre, more or less, tract of land described by metes and bounds in the attached Exhibit A. B. The 13.069 acre, more or less, tract of land described by metes and bounds in the attached Exhibit B. 2. The eastern part of the tract described in Exhibit A is within the extraterritorial jurisdiction ( "ETJ ") of the City of Martindale. The City of Martindale, upon petition by the owner of the property, passed a resolution releasing the land from its ETJ. A copy of the City of Martindale Resolution releasing the land from its ETJ is attached as Exhibit C. 3. The City has received a petition for annexation from the owner(s) of the tract described in Exhibit A, a copy of which is attached as Exhibit D. 4. The tract described in Exhibit B consists of several parcels of land forming a contiguous utility easement over which the City has received consent to annexation through the documents attached hereto as Exhibits E 1- E5 5. The Annexation Area has no permanent residents. 6. A notice of each of the public hearings was published in the San Marcos Daily Record, a newspaper having general circulation in the City and in the Annexation Area, on February 21, 2008 and February 28, 2008, these dates being on or after the 20th day and before the 10th day before the date of the respective hearings. A notice of each of the public hearings was also posted on the City's Internet website on or after the 20th day and before the 10th day before the date of the respective hearings, and these notices remained posted on the website until the dates of the respective hearings.