ORD 411 5/17/1988ORD. 411
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CONDEMNATION
AND ACQUISITION OF TWO CERTAIN PARCELS OF
LAND AS MORE PARTICULARLY DESCRIBED IN THE
BODY HEREOF, BY THE CITY OF CIBOLO, TEXAS, TO
BE SUBSEQUENTLY DEEDED TO THE STATE OF TEXAS
DEPARTMENT OF HIGHWAYS AND TRANSPORTATION AS
RIGHT OF WAY FOR THE LOOP 539 PROJECT IN SAID
CITY, ALL AS PRESCRIBED BY THE CIVIL STATUTES
OF THE STATE OF TEXAS.
WHEREAS, the City of Cibolo has the responsibility of
acquiring certain necessary land rights and right of way to the
Loop 539 Highway project within the city for the State Department
of Highways and Transportation; and
WHEREAS, the owners of two certain tracts more particularly
described in the body of this ordinance have refused to sell
their land to the city for such purpose and have rejected all
offers therefor and the city and the owners have been unable to
agree on a mutually acceptable consideration for the purchase of
such right of way; and
WHEREAS, the persons known to own or claim an interest in
these two tracts are, respectively, as follows:
(a) Vernon McKaskle and Lessee, J. A.
Sanders d/b/a/ "Shugs," being a partial
taking of .265 acres of land on FM 78 within
the City; and
(b) Harry Edward Cunningham, and
mother, Mary Cunningham, a partial taking of
.247 acres of land on FM 78 within the City;
and
WHEREAS, the City of Cibolo is therefore required to acquire
the said property by Eminent Domain.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
1. That for the purpose of right of way for the Loop 539
project to be subsequently deeded to the State Department of
Highways and Transportation, and for the public purposes related
thereto, public necessity requires that the City of Cibolo
appropriate and acquire the fee in and to the following two
separate and independent tracts of land, as described below:
1
(a) MC KASKLE: being all that certain tract or parcel of
land in Guadalupe County, Texas, more particularly described as
follows, to -wit:
0.265 of an acre of land, more or less, same being out
of and a part of that certain 3.29 acre tract 'of land
out of the A. S. Lewis Survey No. 78, Abstract No. 216,
which 3.29 acre tract of land was conveyed to Vernon
McKaskle, et al. by deed dated August 17, 1979, and
recorded in Volume 167 Pages 118-121 of the Deed
Records of Guadalupe County, Texas, said 0.265 of an
acre of land, more or less, being described by metes
and bounds as follows:
BEGINNING at a point lying in the existing south right-
of-way line of Farm -to -Market Highway 78, said point
being at right angles to and 35.80 feet right of
Engineer's Survey Line Station 57+25.60, said point is
further described as being the northeast corner of the
McKaskle property, same being the northwest corner of
the Mrs. Lonie Amacker, a widow, property;
THENCE South 22 degrees 18 minutes 00 seconds West,
along said common property line, a distance of 33.85
feet to a point in the proposed south right-of-way line
of Farm -to -Market Highway 78, said point being at right
angles to and 65.00 feet right of Engineer's Survey
Line Station 57+10.04, said point is further described
as being North 22 degrees 18 minutes 00 seconds East, a
distance of 653.10 feet from the existing southeast
corner of the said McKaskle property;
THENCE South 84 degrees 43 minutes 00 seconds West
along the proposed south right-of-way line of Farm -to -
Market 78, a distance of 50.78 feet to a point;
THENCE South 85 degrees 13 minutes 20 seconds West
continuing along the proposed south right-of-way line,
a distance of 202.22 feet to a point;
THENCE South 85 degrees 43 minutes 40 seconds West
continuing along the proposed south right-of-way line
of Farm -to -Market Highway 78, a distance of 105.02 feet
to a point, said point being at right angles to and
65.00 feet right of Engineer's survey line Station
53+51.87, same point is further described as lying in
the west line of the said McKaskle property, same being
the east line of the Cibolo State Bank property;
2
THENCE North 02 degrees 55 minutes 27 seconds West,
along said common property line, a distance of 31.70
feet to a point in the existing right-of-way line of
Farm -to -Market Highway 78, said point is described as
being the northeast corner of the Cibolo State Bank
property, same being the northwest corner of the said
McKaskle property;
THENCE•North 85 degrees 32 minutes 00 seconds East
along the existing south right-of-way line of Farm -to -
Market Highway 78, a distance of 372.40 feet to the
place of BEGINNING and containing an area of 0.265 of
an acre of land, more or less.
(b) CUNNINGHAM: being all that certain tract or parcel of
land in Guadalupe County, Texas, more particularly described as
follows, to -wit:
0.247 Of an acre of land, more or less, same being out
of and a part of that certain 4.661 more or less acre
tract of land out of the Geronimo Leal Survey No. 85,
Abstract No. 210, which 4.661 more or less acre tract
of land was conveyed to Harry Edward Cunningham by deed
dated February 16, 1973 and recorded in Volume 464 at
Pages 325 thru 327 of the Deed Records of Guadalupe
County, Texas, which includes the reservation of a life
estate to Mary McCammon Cunningham, said 0.247 of an
acre of land, more or less, being described by metes
and bounds as follows:
BEGINNING at a point in the existing south right-of-way
line of Farm -to -Market Highway 78, said point being at
right angles to and 55.27 feet right of Engineer's
Survey Line Station 155+69.56;
THENCE North 73 degrees 24 minutes 00 seconds East,
along the existing south right-of-way line of Farm -to -
Market Highway 78, a distance of 102.00 feet to a
point, said point being at right angles to and 37.00
feet right of Engineer's Survey Line Station 156+69.91;
THENCE North 86 degrees 13 minutes 25 seconds East,
along the existing south right-of-way line of Farm -to -
Market Highway 78, a distance of 323.80 feet to a
point, said point being at right angles to and 51.16
feet right of Engineer's Survey Line Station 159+93.39,
said point is further described as being the northeast
corner of the said Cunningham property, same being the
northwest corner line of County Road Number 354 known
as Country Lane;
J
THENCE South 62 degrees 10 minutes 50 seconds West,
along said common property line, a distance of 182.18
feet to a point for a flare corner said point being at
right angles to and 118.03 feet right of Engineer's
Survey Line Station 158+23.93, said point is further
described as being North 62 degrees 10 minutes 50
seconds East, a distance of 378.00 feet from the
southwest corner of the said Cunningham property;
THENCE North 29 degrees 15 minutes 36 seconds West,
along the proposed south right-of-way line of Farm -to -
Market Highway 78, a distance of 63.83 feet to a point
for a flare corner, said point being at right angles to
and 59.28 feet right of Engineer's Survey Line Station
157+99.03;
THENCE South 84 degrees 43 minutes 00 seconds West,
along the proposed south right-of-way line of Farm -to -
Market Highway 78, a distance of 229.50 feet to the
place of BEGINNING and containing an area of 0.247 of
an acre of land, more or less.
2. This ordinance shall take effect immediately on its
passage and approval.
PASSED AND APPROVED this the 17th day of May, 1988.
hVWQ 9hF
CITY SECRETARY
CITY OF CIBOLO��A
MAYOR
4