ORD 671 03/22/2005 ORDINANCE NO. 671
AN ORDINANCE VACATING THE RIGHT-OF-WAY EASEMENT IN A
PORTION OF BENTWOOD RANCH DRIVE IN THE CITY OF CIBOLO AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED.
WHEREAS, the City of Cibolo is a home-rule city incorporated under and
operating under the general laws of this State; and
WHEREAS, Texas Transportation Code § 311.007, as amended, authorizes any
such city or town to vacate, abandon, and close any street, alley or easement in such
city or town; and
WHEREAS, The Blanton Family Limited Partnership, a Texas Limited Partnership,
by and through Perry Blanton of Blanton Development Company is the sole abutting owner
on both sides of the portion of Bentwood Ranch Drive in which a right-of-way easement is
being vacated, in said City, as more fully shown by plat of record in Volume 6, Pages 689-
690, Plat Records of Guadalupe County, Texas; and
WHEREAS, said right-of-way is not developed; and
WHEREAS, the sole abutting owner has tendered the sum of ONE AND NO/100
DOLLARS ($1.00) to the City Manager; and
WHEREAS, the City Council of the City of Cibolo finds and declares that it is in the
best interest of all of the citizens of the City of Cibolo that said right-of-way easement be
vacated.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. All of that certain above-described right-of-way easement of a portion
of Bentwood Ranch Drive in the City of Cibolo, as more fully shown by plat of record in
Volume 6, Pages 689-690, Plat Records of Guadalupe County, Texas, is hereby vacated.
A legal description and plat map of the right-of-way easement to be vacated is attached as
Exhibit A.
SECTION 2. Said portion of the public right-of-way is not needed for public
purposes and it is in the public interest of the City of Cibolo to vacate said described
portion of public right-of-way. The vacation and abandonment provided for herein shall
extend only to the public right,title, and easement in and to the tracts of lands described in
this ordinance and shall be construed only to that interest the governing body of the City of
Cibolo may legally and lawfully vacate and abandon.
SECTION 3. The City Manager of the City of Cibolo is hereby authorized and
directed to convey by quitclaim deed all of the interest of the City of Cibolo in and to the
said right-of-way easement described in Section 1 of this ordinance to The Blanton Family
Limited Partnership, a Texas Limited Partnership, by and through Perry Blanton of Blanton
Development Company, the sole owner of property abutting upon said right-of-way
easement. The consideration for said sale, heretofore received, shall be deposited in the
street maintenance fund, as required by Texas Local Government Code § 253.001, as
amended.
Jr--)hh, t1
PASSED AND APPROVED this 2day of Moi, , 2005.
//74414fir
CHARLES RUPPERT, Mayor
ATTEST:
YV/NNE GRIFFIN, City Se•re f:ry
APPROVED AS TO FORM:
SUSAN C. ROCHA, City Attorney