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<br />1972 - 25 <br /> <br />;10 <br /> <br />AN ORDINANCE DEDICATING CERTAIN RE,u PROPERTY, <br />TITLE TO WHICH IS PRESENTLY VESTED IN THE CITY <br />OF Si\N MARCOS, TEXi\S, FOR Pi\RK i\ND RECREi\TIONi\L <br />PURPOSES; PROVIDING CERTAIN EXCEPTIONS TO SUCH <br />DEDICATION; AND REPEALING ALL ORDINANCES IN <br />CONFLICT HEREWITH. <br /> <br />I <br /> <br />WHEREAS, c",rtain real property, namely, a 53.8 acre tract of land <br />located in the J.M. Veramendi League No. Two, Hays County, Texas, <br />was conveyed to the City of San Marcos, Texas, by deed from the <br />San Marcos Memorial Recreation Park, dated Apri I 26, 1950, and <br />recorded in Volume ~46, pages 327-333, Hays County Deed Records; and <br /> <br />WHEREi\S, a major portion of said real property has been used by the <br />City of San Marcos for park and recreational related activities, <br />wh i Ie certa i n p~rt! ons t.hereof have been ut i I i:z.ed for purposes other <br />than park and recreational related activities; and <br /> <br />WHEREAS, a number of citizens of,San Marcos have expressed concern <br />to the effect that the use of the major portion of such real property <br />for park and recreational related activities will be discontinued <br />unless said portion is irrevocably dedicated for such purposes; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE..CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS; <br /> <br />I . <br /> <br />I <br /> <br />That the above-mentioned 53.8 acre tract of land, with the exceptions <br />set out in Section II. hereof, be, and is hereby, irrevocably <br />dedicated for park and recreational related activities. Said deed <br />and its record are hereby referred to and made a part hereof for all <br /> <br />descriptive, pePijinent and legal purposes. <br /> <br />II. <br /> <br />That the following parcels of land, same being portions of the above- <br />mentioned 53.8 acre tract, are expressly excepted from this dedication <br />and shall not be subject to the terms and provisions of this <br />ordinance: <br /> <br />1. That strip of land containing 0.68 of an acre, as shown in <br />and described by that deed from Robert M. Pettitt to the Missouri <br />Kansas and Texas Railway Company, dated May 5, 1894, and recorded <br />in Volume 32, pages 445-6, Hays County Deed Records. Said deed, <br />and its ~ecord, is made a part hereof for al I descriptive, pertinent <br />and legal purposes. <br /> <br />I <br /> <br />2. That right-of-way or easement granted to the Missouri Kansas <br />and Texas Railway Company by contract between the San Marcos Sewer <br />Company, William Green and said railway company, such right-of-way <br />or easement containing 0.586 of an acre of land. Such contract is <br />dated May 24, 1906, and recorded in Volume 50, pages 587-591, Hays <br />County Deed Records. Sa i d contract, and its record, is made a part <br />hereof for al I descriptive, pertinent and legal purposes. <br /> <br />3. That electrical transmission and distribution line easement <br />granted to the Texas Public Utilities Company by the San Marcos <br />Util ities Company, by instrument dated July 6, 1925, and recorded <br />in Volume 90, pages 170-2, Hays County Deed Records. Said instrument, <br />and its record, is hereby made a part hereof for al I descriptive, <br />pertinent and legal purposes. <br />