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ORDINANCE NO. 2007-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE RELEASE AND CONVEYANCE OF AN ELECTRCAL EASEMENT ACROSS PROPERTY LOCATED NEAR THE INTERSECTION OF WONDER WORLD DRIVE AND IH 35 SOUTH; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE AND CONVEYANCE; AND DECLARING AN EFFECTIVE DATE RECIT ALS: 1. The City is the owner of an electrical easement as recorded in Volume 1324, Pages 857-859 of the Hays County Deed Records, and as described more particularly in the attached Release and Conveyance of Easement. 2. The owner of the property subject to this easement, Sac-N-Pac Stores, Inc. has requested through their attorney, H.C. Kyle, III, that the City release the electrical easement. 3. In conjunction with the release and conveyance of this easement, the owner of the property subject to this easement is granting a temporary easement so that the Texas Department of Transportation may continue to use the easement until the construction of the Wonder World Dr. overpass is completed. 4. Pursuant to the Texas Local Government Code Chapter 272, the City is entitled to convey less than a fee simple interest for no consideration. 5. The City staff has determined that this easement is not needed for current or anticipated future needs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The release and conveyance by the City of the electrical easement described in Recital 1 to the owner Sac-N-Pac Stores, Inc. is approved. SECTION 2. That the City Manager, Dan O'Leary, is authorized to execute the Release and Conveyance of Easement described above. SECTION 3. This Ordinance will take effect 10 days after the date of its final passage, and the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on first reading December 4, 2006. PASSED AND APPROVED on second reading December 11, 2006.