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<br /> - ORDINANCE 1991- 93
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<br /> ....... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br /> ~1 OF SAN MARCOS, TEXAS ABANDONING AND VACATING
<br /> AN UNDEVELOPED PORTION OF DAVID STREET BETWEEN
<br /> BROWN STREET AND BENEFIT STREET IN THE CEDAR
<br /> PLATEAU SUBDIVISION OF THE CITY OF SAN MARCOS,
<br /> HAYS COUNTY, TEXAS: AUTHORIZING THE CITY
<br /> MANAGER TO EXECUTE A SPECIAL WARRANTY DEED:
<br /> REFLECTING RECEIPT OF THE FAIR MARKET VALUE
<br /> AND DECLARING AN EFFECTIVE DATE.
<br /> WHEREAS. a 9,979.6 square foot portion of David Street
<br /> between Brown Street and Benefit Street is shown on the plat
<br /> of the Cedar Plateau Subdivision of the City of San Marcos,
<br /> Hays County, Texas, recorded in Volume 56, Page 349 of the
<br /> Hays County Deed Records: and,
<br /> vvHEREAS, the City of San Marcos desires to abandon thi s
<br /> undeveloped portion of David Street: and,
<br /> WHEREAS, the Nature Conservancy of Texas, Inc., A.C.
<br /> Floege and Velma Floege are the owners of all property
<br /> abutting this portion of David Street: and,
<br /> \vHEREAS, the City Council of the City of San Marcos,
<br /> Texas, has determined that it is in the public interest to
<br /> abandon this portion of David Street: and,
<br /> vVHEREAS, the Nature Conservancy, Inc., A.C. Floege and
<br /> Velma Floege have agreed to execute releases discharging the
<br /> City from any damages occasioned by this abandonment: and,
<br /> WHEREAS, A.C. Floege and Velma Floege have agreed to
<br /> relinquish their rights to any portion of the land in the
<br /> abandonment: and,
<br /> WHEREAS, the City of San Marcos has determined by
<br /> appraisal that the fair market value of this property is
<br /> Three Thousand Seven Hundred Thirty Dollars ($3,73Ø.ØØ) and
<br /> the City has received the equivalent value in connection with
<br /> the acquisition of approximately 8.8 acres of property
<br /> abut ting the San Marcos River from the Nature Conservancy,
<br /> I nc .: now, therefore,
<br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br /> TEXAS:
<br /> SECTION 1. That an undeveloped 9,979.6 square foot
<br /> portion of David Street between Brown Street and Benefit
<br /> Street as shown on the plat of the Cedar Plateau Subdivision
<br /> of the City of San Marcos, Hays County, Texas, recorded in
<br /> Volume 56, Page 349 of the Hays County Deed Records, is
<br /> hereby declared to be, vacated and abandoned as to any use,
<br /> right, claim in, or responsibility for maintenance by the
<br /> public in general and the City of San Marcos in particular.
<br /> SECTION 2. That the City Manager of the City of San
<br /> Marcos, Texas, is hereby authorized to execute a special
<br /> warranty deed conveying to the Nature Conservancy of Texas,
<br /> Inc. this 9,979.6 square foot portion of David Street which
<br /> abuts its property.
<br /> SECTION 3. That this ordinance shall be in effect ten
<br /> (lØ) days from and after its passage, and it shall be
<br /> published in a newspaper of general circulation in the area
<br /> as required by the Charter of the City of San Marcos, Texas.
<br /> PASSED AND APPROVED on first reading January 28, 1991.
<br /> PASSED AND APPROVED on second reading February 11, 1991.
<br /> PASSED, APPROVED AND ADOPTED February 25, 1991.
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