RES 1679 07/23/2024RESOLUTION NO. 1679
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS, REPEALING RESOLUTION 1676; APPROVING THIS
RESOLUTION IN SUBSTITUITION THEREFORE; AUTHORIZING THE
ACQUISITION OF AN UNDIVIDED INTEREST IN LOT 3, BLOCK 1 OF
THE NOBLE GROUP SUBDIVISION, RECORDED NOVEMBER 6, 2014,
IN VOLUME 8 PAGE 261 OF THE MAP AND PLAT RECORDS OF
GUADALUE COUNTY TEXAS, FURTHER DESCRIBED AS AN
IMPROVED 1.139 ACRE LOT ADDRESSED AS 203 S. MAIN STREET, 205
S. MAIN STREET AND 110 MEEK STREET, CIBOLO, TEXAS; SUBJECT
TO SURVEY; SUBJECT TO REPLAT; SUBJECT TO AGREED
PARTITION PROCEEDINGS SUBDIVIDING UNDIVIDED INTERESTS
HELD TO SECURE THE PORTION LOCATED AT THE CORNER OF
SOUTH MAIN STREET AND LOOP 539 WEST, INCLUDING ALL
PARKING AND FLATWORK TO BE CONVEYED BY WARRANTY
DEED TO THE CITY; AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUBSTITUTE PURCHASE AND SALE AGREEMENT, AND
ALL OTHER CLOSING DOCUMENTS, REPLATS AND PARTITION
PROCEEDING DOCUMENTS NECESSARY TO ACQUIRE SUCH REAL
PROPERTY INTERESTS AND EASEMENTS; AUTHORIZING THE CITY
MANAGER TO CONVEY ALL NECESSARY EASEMENTS FOR
INGRESS, EGRESS, PARKING AND MAINTENANCE, ALL IN A FORM
APPROVED BY THE CITY ATTORNEY; AUTHORIZING THE CITY
ATTORNEY TO CONDUCT A PARTITION PROCEEDING TO OBTAIN
WARRANTY DEEDS FOR THE PROPERTIES PARTITIONED AND
SUBDIVIDED; PROVIDING FOR REPEAL AND SEVERABILITY;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS CONDUCTED IN COMPLAINCE WITH THE TEXAS
OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule
municipality; and
WHEREAS, the City Council finds that additional municipal building facilities are necessary to
accommodate the growing needs of the community and to enhance the delivery of services to its
residents; and
WHEREAS, the City has identified a portion of Lot 3, Block 1 of the 2014 Noble Group
Subdivision, which is adjacent to City Hall (the "Property"), separated only by Main Street, as the
most suitable location for said expansion of municipal facilities; and
WHEREAS, the City has identified Noble Group Realty LLC as the owner of the Property and
has made several attempts to work with said owner to acquire the Property for use as municipal
facilities; and
WHEREAS, the City and Noble Group Realty have negotiated a purchase and sale agreement to
sell an undivided interest in the Property, which includes agreements to conduct a survey, to replat
the property and conduct a post -closing partition proceeding legally dividing the interests in to
three lots, with Noble Group Realty, LLC releasing all real property interest in the Event Center
and parking facilities, and the City releasing all real property interests in the remaining properties.
WHEREAS, the City and Noble Group Realty have only been able to come to agreement on the
terms of the City's acquisition of the Property, upon the threat of eminent domain; and
WHEREAS, the City Council finds the City is authorized by Section 251.001 of the Texas Local
Government Code to institute eminent domain proceedings to acquire interests in real property for
a public use; and
WHEREAS, the City Council finds that a building facilities acquisition is necessary for a public
use pursuant to Section 251.001 of the Texas Local Government Code; and
WHEREAS, the City Council finds that acquisition of the Property is necessary for the public use
of expanding municipal building facilities to better serve the residents of the City; and
WHEREAS, the City Council finds that but for the threat of imminent domain, there were no
available options by which the City may acquire the needed property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO:
SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted
by the City Council and made a part hereof for all purposes as findings of fact.
SECTION 2. Resolution 1676, previously approved by the City Council of the City of Cibolo,
Texas, is repealed.
SECTION 3. The City Council approves the Substitute Purchase and Sale Agreement to acquire
an undivided interest in the Property; authorizes the partition proceeding subdividing the real
property interests after survey and replat; authorizes the City Manager to execute all closing
documents necessary to acquire such real property interests, replat, and the exchange the easements
necessary, once approved as to form by the City Attorney, and is doing so after the threat of
eminent domain proceedings for the acquisition the Property for expansion of municipal building
facilities addressed as 203 S. Main Street, Cibolo, Texas.
SECTION 4. The City Council directs the City Attorney to prepare all documents necessary for
the transaction, resulting in the City obtaining a warranty deed on the divided portion conveyed to
the city, and not otherwise provided by the title company handling the closing.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution shall for
any reason be held to be invalid, such decision shall not affect the validity of the remaining portions
of this resolution.
SECTION 6. The meeting at which this Ordinance passed was conducted in compliance with the
Texas Open Meetings Act.
SECTION 7. This Resolution shall become effective and be in full force and effect from and after
the date of passage and adoption by the City Council of the City of Cibolo, Texas.
PASSED AND ADOPTED BY THE CITY COUNCIL ON THE 23rd DAY OF JULY 2024.
MARK ALLEN
Mayor
ATTEST: ( /
PEGGY CIMICS, TRMC
City Secretary
APPROVED AS TO FORM:
GEOR HYD ityAttomey
Hyde Kelley LLP