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RESOLUTION NO. 1716
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO CITY, TEXAS,
PROVIDING NOTICE AND INTENT TO ACQUIRE PROPERTY FOR A ROADWAY
RECONSTRUCTION PROJECT ON TOLLE ROAD IN THE CITY OF CIBOLO,
GUADALUPE COUNTY TEXAS, FINDING AND DETERMINING PUBLIC NECESSITY
FOR THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS IDENTIFIED
IN EXHIBIT "A", SUCH LAND BEING NECESSARY FOR PUBLIC USE IN
CONNECTION WITH THE CONSTRUCTION, IMPROVEMENTS, AND
MAINTENANCE OF TOLLE ROAD FOR USE AS A PUBLIC ROAD; AUTHORIZING
SUCH ACQUISITION BY DONATION, PURCHASE, OR EMINENT DOMAIN;
DETERMINING SUCH ACQUISITION IS FOR PUBLIC USE; AUTHORIZING ENTRY
PERSUANT TO TEXAS LOCAL GOVERNMENT CODE 251.001; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO WORK WITH PROPERTY OWNERS TO
AQUIRE THE NEEDED PROPERTY; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO MAKE A FINAL OFFER TO THE OWNER OF THE NEEDED REAL
PROPERTY; AUTHORIZING PAYMENT OF THE COSTS OF SUCH PURCHASE OR
EMINENT DOMAIN PROCEEDINGS, AS APPLICABLE, AND ASSOCIATED COSTS
FOR APPRAISAL FEES, TITLE POLICIES AND SERVICES, RECORDING FEES,
COURT COSTS, AND EXPERT WITNESS FEES IN CONNECTION WITH THE
ACQUISITION OF REAL PROPERTY INTERESTS IDENTIFIED IN EXHIBIT "A".
PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Cibolo, Texas (the "City Council"), deems it necessary,
proper and in the best interests of the public to acquire by gift, purchase, or if necessary by eminent
domain, real property interests to a tract of land located in Guadalupe County, Texas as described
and depicted in Exhibit "A", attached hereto and incorporated herein for all purposes (the
"Properties"), for the construction, improvements, maintenance, and use of Tolle Road (the
"Project"); and
Whereas, ("Property Owners") identified in Exhibit `B", own the respective Properties generally
located in Exhibit "A"; and
Whereas, the City Council has determined and finds that the safety and welfare of the citizens of
the City of Cibolo requires infrastructure improvements generally described as the Project; and
Whereas, the City Council finds it has temporarily lowered the speed limit on Tolle Road after a
public outcry about the deteriorating condition of the road site in Exhibit A.
Whereas, the City Council finds that public necessity exists for the acquisition of real property
interests to the Properties for the Project; and
Whereas, the City Council desires to authorize the City Manager or an authorized designee to
negotiate with and make offers to the Property Owners for the purchase of the Properties; and
Whereas, the City Council finds and encourages the use of possession and use agreements to
expedite the Project, while reserving all property owner rights to receive just compensation.
Whereas, if the City of Cibolo, acting through its duly authorized representatives, is unable to
agree with the Property Owners as to the fair market value and purchase of the Properties, the City
Council, pursuant to applicable provisions of the larv, including, Chapter 21 of the Texas Property
Code and Section 251.001 of the Texas Local Government Code, desires to authorize the City
Attorney or an authorized designee to bring eminent domain proceedings on behalf of the City
against the Property Owners.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS THAT:
SECTION 1. Incorporating Recitals. The recitals are hereby found to be true and correct and are
hereby incorporated as part of this Resolution.
SECTION 2. Public Propose. That public necessity requires the Project and requires the
acquisition of real property interests in the Properties; together with any improvements situated
thereon, if any, described in Exhibit "A".
SECTION 3. Authorization. The City Council herby approves and authorizes the following:
(a) The real property interests of the Properties by gift or purchase for and in connection with
the said Project. The City Manager or an authorized designee is hereby authorized and
directed to negotiate with and make offers to the Property Owners for the purchase of the
Property.
(b) The City Attorney or an authorized designee is hereby authorized and directed to file or
cause to be filed, pursuant to applicable provisions of the law, including, Chapter 21 of the
Texas Property Code and Section 251.001 of the Texas Local Government Code,
proceedings in eminent domain to acquire real property interests to the Properties which
cannot be acquired by gift or purchase. The City Attorney is also authorized to deposit the
sum of money equal to the amount of the Award of Special Corrunissioners and pay all
costs and expenses associated therewith in any eminent domain action filed to acquire the
needed Properties. The City shall request the return of any unaccounted-for grant monies
provided by the City after the expiration of 30 days after the event, if any grant funds are
unaccounted for.
(c) The City Council hereby approves and authorizes such contracts, agreements or other
undertakings required to cavy out the purposes described in this Resolution and in
connection with the said Project in the form approved by the City Attorney or an authorized
designee from time to time. The City Manager, or in the absence of the City Manager, an
authorized designee is hereby authorized to execute such documents in connection with the
Project and take all actions necessary to effectuate the City's intent and objectives in
approving such contracts, agreements or legal proceedings, or other undertakings in the
event of changed circumstances. The City Secretary, or, in the absence of die City
Secretary, an authorized designee is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents. The City Attorney or an authorized
designee is hereby authorized to take all action necessary to enforce legal obligations under
said contracts, agreements, legal proceedings or other undertakings without further
authorization from City Council to the extent allowed by law.
(d) The City Manager, the City Attorney, the City Secretary, and their agents be and are hereby
authorized and directed to perform any and all acts within .their respective spheres of
official duties toward the final acquisition the Properties for the Project".
SECTION 4. Repeal. This Resolution shall be and is hereby cumulative of all other resolutions
of the City of Cibolo, Texas, and this resolution shall not operate to repeal or affect any of such
other resolutions except insofar as the provisions thereof might be inconsistent or in conflict with
the provisions of this Resolution, in which event such conflicting provisions, if any, in such other
resolutions are hereby repealed.
SECTION 5. Severability. If any section, paragraph, sentence, clause, or phrase of this Resolution
shall for any reason be held to be unconstitutional or invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 6. Open Meeting Compliance. The City Council hereby finds and determines that the
meeting at which this Resolution was passed was conducted in accordance with the Texas Open
Meetings Act.
INTENTIONALLY LEFT BLANK
SECTION 7. Effective Date. 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 APPROVED THIS 13th DAY OF MAY 2025.
ATTEST
x'77
Peggy Cimics, TRMC
City Secretary
Mark Allen
Mayor
40, qv
TOLLE ROAD IMPROVEMENTS
CITY OF CIBOLO, TEXAS
EXHIBITA
Legend
- PROPOSED ROW ACQUISITION
PAVEMENT IMPROVEMENTS
--- PARCEL BOUNDARIES
N
0 300 600
Feet
FE
Legend
- PROPOSED ROW ACQUISITION
PAVEMENT IMPROVEMENTS
--- PARCEL BOUNDARIES
N
0 300 600
Feet
TOLLE ROAD IMPROVEMENTS
CITY OF CIBOLO, TEXAS
EXHIBIT B
PARCELS AFFECTED BY ROW ACQUISITION
APPROX. ROW ACQUISTION
NO.
ROE RECEIVED?`
PARCEL INFORMATION
(ACRES)'
MICHAEL DON ANDREWS
ADRIANA ANDREWS
1
YES
(4.994 AC.)
0.456
VOL 3145, PG 27, O.P.R.G.C.T.
775 TOLLE RD
ADRIAN B. POTTER
CONSUELO POTTER
HUSBAND AND WIFE
2
NO
(17.138 AC.)
0.637
VOL. 1453. PG 891, O.P.R.G.C.T.
FM 1103
STEVEN KRUEGER
ROCHELLE KRUEGER
3
YES
REMAINDER OF (10.0 AC.)
0.261
VOL. 617, PG. 509, D.R.G.C.T.
VOL. 444, PG. 360, D.R.G.CT.
CHARLES R. SMITH
(10.502 AC.)
4
NO
0.008
VOL. 1006, PG. 157, O.R.G.C.T.
672 TOLLE RD
LOT 20
CIBOLO TOLLE SUBDIVISION
VOL. 4, PG.208, P.R.G.C.T.
5
YES
0.246
TROY ALLEN ZAKRZEWSKI
ANNETTE LEHMAN
DOC. NO. 201899025443, O.P.R.G.C.T.
101 CIBOLO TOLLE DR
NANCY WILLIS JANOE
(5.610 AC.)
6
YES
0.021
VOL. 4247, PG: 789, O.P.R.G.C.T.
100JANOELANE
THOMAS F. COWAN
AND WIFE, LINDA M. COWAN
7
NO
0.021
VOL. 1058, PG. 105, O.P.R.G.C.T.
549 TOLLE RD
YVONNE PINSON
(22.30 AC.)
8
NO
VOL. 1220, PG. 116, O.P.R.G.C.T.
0.123
DESCRIBED IN VOL. 461, PG. 382, D.R.G.CT.
TOLLE RD
9
YES
CONTINENTAL HOMES LP
0.145
(85.60 AC.) ,
Exhibit B, Page B-1
TOLLE ROAD IMPROVEMENTS
CITY OF CIBOLO, TEXAS
EXHIBIT B
PARCELS AFFECTED.BY ROW ACQUISITION
APPROX. ROW AGQUISTION
NO "
:
ROE RECEIVED?
-
PARCEL INFORMATION'
` (ACRES)
DOC. NO. 201889019519 O.P.R.G.C.T.
TOLLE RD
MATTHEW T. LOVE
(3.68 AC.)
10
NO
0.022
VOL. 898, PG. 116, O.R.G.C.T.
143 TOLLE RD
BECKY S. NOBLE
(12.125 AC.)
11/12/13
YES
0.079
VOL. 1102, PG. 684, O.P.R.G.C.T.
181 TOLLE RD
DANIEL LEWIS
(2.493 AC.)
14/15
YES
0.066
VOL. 2024, PG. 99010747
591 COUNTRY LANE
CHRISTOPHER A. MILLIGAN
16
NO
AND PRISCILLA MILLIGAN
0.024
(10.085 AC.)
DOC. NO 202099009020, O.P.R.G.C.T.
Exhibit B, Page B-2
TOLLE ROAD IMPROVEMENTS
CITY OF CIBOLO, TEXAS
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- PROPOSED ROW ACQUISITION
- PAVEMENT IMPROVEMENTS
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--- PARCEL BOUNDARIES
N
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0 150 300
mmmmr= Feet