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ORD 633 03/09/2004 ORDINANCE NUMBER LD 33 AN ORDINANCE ANNEXING THE HEREIN AFTER DESCRIBED TERRITORY INTO THE CITY OF CIBOLO,TEXAS AND EXTENDING THE BOUNDARY LINES OF SAID CITY SO AS TO INCLUDE SUCH PROPERTY WITHIN THE CITY LIMITS. WHEREAS,a petition for annexation has been heretofore filed by Mr.Perry Blanton,being the owner of certain land in the extra-territorial jurisdiction of the City of Cibolo,Guadalupe County,Texas said land being described in paragraph 1 below,and WHEREAS, Cibolo City Council approved the annexation on March 9,2004, and WHEREAS, said petition in form and substance,fully complies with all of the provisions of Section 43.028,Local Government Code,V.A.T.S. and WHEREAS, said tract of land is contiguous and adjacent to the City of Cibolo, is not more than one-half mile in width and is vacant and without residents;and WHEREAS,the City Council is of the opinion that said petition should be granted and that such tract of land should be annexed to the City;NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS The property herein abstracted consists of all that certain tract or parcel of land,3.298 acres of land out of the Mathias Lindenburg Survey,Abstract No.215,Guadalupe County,Texas,and being all of a designated 3.263 acre tract as described in a Warranty Deed from Lewis C.Borgfeld,a single man,to Mack Kardys and wife Juanita Kardys, dated September 26, 1974 and recorded in Volume 491,Pages 477-478 of the Deed Records of Guadalupe County,Texas and described more particularly by metes and bounds as follows: BEGINNING: at a found 1/2" iron pin in the Southwest boundary line of said Mathias Lindenburg Survey and being the Westernmost corner of this parcel and said 3.263 acre tract and the Southernmost corner of Lot 3, Block 2 of THE RIDGE AT DEER CREEK,UNIT NO. 1 as recorded in Volume 6,Page 523 of the Map and Plat Records of Guadalupe County, Texas; THENCE: (1) NORTH 59 deg. 10' 29" East (all bearings in this description are based on Grid North of the Texas Coordinate System, Zone 4204,NAD 86/93), a distance of 149.99 feet along the Northwest boundary line of this parcel and said 3.263 acre tract and the Southeast boundary line of said Lot 3,Block 2,to a set%2"iron pin with plastic cap being the Northernmost corner of this parcel and said 3.263 acre tract and the Westernmost corner of the remaining 315 acre Lewis C. Borgfeld tract as recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas; '!'HENCE: (2) SOUTH 31 deg. 25' 02" East, a distance of 949.15 feet along the Northeast boundary line of this parcel and said 3.263 acre tract and the Southwest boundary line of said remaining portion of a 315 acre tract to a found %2" iron pin in the Southeast boundary line of said Lindenburg Survey, said 'A" iron pin being the Easternmost corner of this parcel and said 3.263 acre tract; THENCE: (3) SOUTH 59 deg. 35' 04" West, a distance of 149.99 feet along the Southeast boundary line of this parcel and said 3.263 acre tract and said Lindenburg Survey and the Northwest boundary line of a 103 acre tract as recorded in Volume 1037, Pages 739-743 of the Official Public Records of Guadalupe County, Texas, to a found 'A" iron pin being the Southernmost corner of this parcel and said 3.263 acre tract and being the Easternmost corner of Lot 20,Block 3 of DEER CREEK SUBDIVISION, SECTION 1, PHASE 7 as recorded in Volume 6, Page 333 of the Map and Plat Records of Guadalupe County,Texas; THENCE: the following courses along the Southwest boundary line of this parcel and the Northeast boundary line of said Block 3 of the DEER CREEK SUBDIVISION, SECTION 1,PHASE 7: THENCE: (4)NORTH 32 deg. 15' 00" West, a distance of 54.07 feet to a set 1/z" iron pin with plastic cap being an angle point; (5)NORTH 31 deg. 36' 35" West, a distance of 415.24 feet to a set %2" iron pin with plastic cap being an angle point; (6)NORTH 31 deg. 17' 27" West, a distance of 369.61 feet to a found 1/z" iron pin being an angle point; and (7)NORTH 30 deg. 41' 13" West, a distance of 109.18 feet to a found %2" iron pin being the POINT OF BEGINNING, and containing 3.298 acres of land. 2. The City Secretary is hereby directed to file a certified copy of this ordinance together with a copy of said petition with the County Clerk of Guadalupe County,Texas. 3. This ordinance shall take effect immediately upon passage and approval. PASSED AND APPROVED THIS 9TH DAY OF MARCH 2004. 464415( Charles Ruppert Mayor ATTEST: Tvu11 rl donne Griffin Secretary U.S. Department of Justice / h' ,.., i ,f Civil Rights Division JDR•RPL•JBG•tgf :maf Voting Section-NWB. 950 Pennsylvania Avenue,N.W. DJ 166-012-3 Washington,DC 20530 2004-1783 June 4, 2004 Ms . Yvonne Griffin City Secretary P.O. Box 826 Cibolo, Texas 78108 Dear Ms . Griffin: This refers to the annexations (Ordinance Nos . 629 through 634 (2004) ) to the City of Cibolo in Guadalupe County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U. S .C. 1973c. We received your submission on April 13 , 2004 . The Attorney General does not interpose any objection to the specified changes . However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes . See Procedures for the Administration of Section 5 of the Voting Rights Act (28 C.F.R. 51 .41) . Sincerely, Joseph 'D: Rich Chief, Voting Section