ORD 825 01/08/2008 Ordinance No . 825
AN ORDINANCE PROVIDING FOR THE CLOSURE OF A
SECTION OF THE FOLLOWING PUBLIC STREET TO WIT: A
PORTION OF TOWN CREEK ROAD; PROVIDING FOR THE
TERMS AND CONDITIONS OF CLOSURE; AND THE
RETENTION BY THE CITY OF THE PUBLIC EASEMENT FOR
FUTURE PUBLIC USE
WHEREAS, the City Council of the City of Cibolo, acting pursuant to law,
deems it advisable to close to public traffic the hereinafter described public street
easement and is of the opinion that said land is not needed as a public street and
therefore constitutes a public charge without corresponding benefit, and that
same should be closed as hereinafter provided; and
WHEREAS, the City Council of the City of Cibolo has determined that an
alternate route, namely Bentwood Ranch Boulevard, is open and available to the
public that is better suited for traffic use and said route will not delay or
inconvenience the citizens; and
WHEREAS, the City Council of the City of Cibolo is of the opinion that the
best interest and welfare of the public will be served by closing a section of said
public street but retaining the public easement for future use by the City
possibility as a drainage easement or other use that would benefit the citizens of
our city; and
WHEREAS, the Council's determination to close a section of said public
street but retain the public easement for future use and the city will restrict the
use of the public easement by any abutting property owners, and said public
easement shall remain vested with the City of Cibolo; and
WHEREAS, the City Council of the City of Cibolo called for a public
hearing on the proposed closing of a portion of Town Creek Road on November
13, 2007 which was held in the City Council Chambers, of which due notice was
given by publication two (2) times in the Sequin Gazette Enterprise, a newspaper
of general circulation in the City, on the 7t and 9th days of October, 2007, and
one (1) time in the Herald Newspaper, a newspaper of general circulation in the
City, on the 11th of October, 2007 and said public hearing was held on the day
stated in said notice; and
WHEREAS, the said City Council finds and declares that it is in the best
interest of all of the citizens of the City of Cibolo that said section of public street
be closed and said public easement be retained in the name of the city for future
use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO
1. That a portion of Town Creek Road located in Cibolo, Guadalupe County,
Texas, shall be and the same is hereby closed insofar as the right to travel on as
a public street, said public easement shall remain vested with the city for future
use to the benefit of the citizens of Cibolo hereinafter more fully set out and
which street segment is described more particularly in attached Exhibit "A" which
is incorporated herein for all purposes.
2. That the closure provided for herein is made and accepted subject to all
present zoning and deed restrictions if the latter exist, and all easements,
whether apparent or non-apparent, aerial, surface or underground.
3. That the closure provided for herein shall extend only to the public right to use
as a public street for travel and traffic and only to that interest which the
governing body for the City of Cibolo may legally and lawfully close.
4.. That the abutting property owner(s) are on notice that while the public street
has been closed the City retains its ownership and interest in the public
easement for future use for the benefit of the citizens.
5. The closure shall be effective upon the passage of this ordinance and closure
notices shall be posted to give notice to the public that the public street is now
closed to public traffic and use.
PASSED AND APPROVED THIS DAY OF qua"y
2008.
THE CITY OF CIBOLO
By: f
Ma rofC. to
ATTEST:
Cibolo City Secretary
APPROVED AS TO FORM:
Susan Rocha, City Attorney
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