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<br />1972-23 <br /> <br />/~/j <br /> <br />I <br /> <br />AN ORDINANCE PROVIDING FOR THE EVENTUAL CLOSING OF <br />A PORTION OF SESSOM DRIVE IN THE CITY OF SAN MARCOS, <br />TEXAS; RELINQUISHING TO JOHN M. POOL AND MARGARET J. <br />POOL ALL RIGHT, TITLE AND INTEREST' OF THE CITY OF <br />SAN MARCOS IN AND TO SAID PORTION OF SESSOM DRIVE <br />WITH CERTAIN QUALIFICATIONS; DIRECTING THE MAYOR OF <br />THE CITY OF SAN MARCOS TO EXECUTE A QUITCLAIM DEED <br />OF SAID PORTION OF SESSOM DRIVE TO THE SAID JOHN M. <br />POOL; AND DECLARING AN EMERGENCY. <br /> <br />WHEREAS, a map or plat of uDivision of the G.B. Ezel I EstateU <br />is of record in Volume 53, page 8, Hays County Deed Records, <br />said map or plat, and its record, being hereby referred to <br />and made a part hereof for al I legal, pertinent and descriptive <br />purposes; and <br /> <br />WHEREAS, said map or plat reflects the creation of the subdivi- <br />sion known as the "Division of the G.B. Ezell Estate" out of <br />the T.J. Chambers League in Hays County, Texas; and <br /> <br />WHEREAS, no streets or publ ic ways of any nature are shown on <br />said plat, and there is not indicated thereon, nor anywhere else, <br />a dedication to the use of the publ ic of any land out of said <br />subdivision; and <br /> <br />I <br /> <br />WHEREAS, a portion of said subdivision, through the years, has <br />developed into a thoroughfare, such development taking place <br />solely through the institution and continuance by the publ ic of <br />its use of said portion for highway purposes; and <br /> <br />WHEREAS, neither the County of Hays nor .the City of San Marcos, <br />nor any other person or entity has ever accepted jurisdiction <br />over the portion of said subdivision which has developed into <br />said thoroughfare, although at some time in the past some person <br />or entity has constructed a hard-surface upon said portion to <br />afford better traction thereon, and sewer and water I ines have <br />been constructed under said thoroughfare; and <br /> <br />WHEREAS, said-thoroughfare has borne one or more names, presently <br />being known as uSessom Drive"; and <br /> <br />WHEREAS, John M. Pool and wife, Margaret J. Pool, of Hays County, <br />Texas, are the sole owners of the land adjoining, on the North <br />and East, that 5005 square foot section of said "Sessom Driveu <br />which is the subject of this ordinance; and <br /> <br />WHEREAS, the sa~d John M. Pool and Margaret J. Pool have petitioned <br />the City of San Marcos to close to publ ic use said 5005 square <br />foot section of Sessom Drive, and have further petitioned said <br />City to quitclaim to them all right, title and interest which said <br />City may have therein: <br /> <br />I <br /> <br />NOW, THEREFORE, be it enacted and ordained by the City Council of <br />the City of San Marcos, Texas: <br /> <br />1. That said 5005 square foot section of land, a description <br />of which is hereto attached, labeled Exhibit "A", and made a part <br />hereof for all pertinent purposes, shall be closed to the use of <br />the publ ic, such closing to be effective upon completion of the <br />