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148 ORDINANCE NO. 1974 - 24 I AN ORDINANCE CLOSING AND ABANDONING EZELL STREET AND A PORTION OF PEGUES STREET IN THE H.A. NELSON FIRST ADDITION TO SAN MARCOS, TEXAS, AND RELINQUISHING TO HUGH A. NELSON, JR. AND MARIAN NELSON MEEKS ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN MARCOS, TEXAS, IN AND TO EZELL STREET AND THE NORTH- WEST 983.5 FEET OF PEGUES STREET AND DIRS6- TING THE MAYOR TO EXECUTE AND DELIVER TO SAID PERSONS QUITCLAIM DEEDS TO EZELL STREET AND SAID PORTION OF PEGUES STREET. WHEREAS, a map or plat of H.A. Nelson's First Addition to the City of San Marcos and the Deed of Dedication accompanying same are of record in Volume 89, pages 222-224, Deed Records of Hays County, Texas, to which Deed of Dedication and map or plat of said Addition reference is here made and same made a part hereof for all pertinent purposes; and, WHEREAS, said map or plat created a subdivision known as H.A. Nelson's First Addition to San Marcos, Texas, and the Deed of Dedication accompanying same dedicated to the use of the public the streets shown on said map or plat, including Ezell Street, 41.6 feet wide, and Pegues Street, 40 feet wide; and, I WHEREAS, there is not indicated on said plat or else- where any acceptance of such dedication by the County of Hays or the City of San Marcos, nor have the County of Hays or City of San Marcos ever exercised, nor is either of them now exer- cising any jurisdiction over Ezell Street and said portion of Pegues Street, and said Ezell Street and said portion of Pegues Street have never been graded, graveled, paved nor in anywise used by the public as a passageway, nor has said Ezell Street and said portion of Pegues Street ever been used by the County of Hays, the City of San Marcos, or the public for any purpose; and, WHEREAS, Hugh A. Nelson, Jr. and Marian Nelson Meeks are the owners of all the land on both sides of Ezell Street, and on both sides of Pegues Street beginning at a line extending across Pegues Street in a southwesterly direction said line beginning at a point located on the southwest property line of Lot #2 in Block 7 said point being 10.12 feet northwest of the south corner of said Lot #2 in Block 7 and said line terminating at a point located in the northeast property line of Lot #2 in Block 4 said point being 10.12 feet northwest of the east corner of said Lot #2 in Block 4 northwest to the end of Pegues Street, and the said Hugh A. Nelson, Jr. and Marian Nelson Meeks have petitioned the City of San Marcos to close and abandon said Ezell Street and said portion of Pegues Street, and have further petitioned the City of San Marcos to quitclaim said Ezell Street and said portion of Pegues Street to them: NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: I (1) All of the above mentioned Ezell Street be, and it is hereby abandoned, vacated, discontinued and closed as a public street. (2) That Pegues Street, beginning at a line extending across Pegues Street in a southwesterly direction said line beginning at a point located on the southwest property line of Lot #2 in Block 7 said point being 10.12 Aet northwest of the south corner of said:"Lot #2 in Block 7 and said line terminating at a point located in the northeast property line of Lot #2 in Block 4 said point being 10.12 feet northwest of the east corner of said Lot #2 in Block 4. Northwest to the end of Pegues Street be, and it is hereby, abandoned, vacated, discontinued and closed as a public street.