ORD 759 08/22/2006 ORDINANCE NO. 759
AN ORDINANCE VACATING AND ABANDONING A PORTION OF A
PEDESTRIAN ACCESS EASEMENT AND DRAIN RIGHT-OF-WAY IN
THE CITY OF CIBOLO,TEXAS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A QUITCLAIM DEED; AND DIRECTING THAT THE
PROCEEDS FROM THE SALE OF THE CITY'S INTEREST IN SAID
SIDEWALK EASEMENT •BE DEPOSITED IN THE STREET
IMPROVEMENT FUND OF THE CITY.
WHEREAS,the City of Cibolo is an incorporated municipality operating under the general
laws of this State; and
WHEREAS, Texas Transportation Code Chpt. 311.007, as amended, authorizes a Home
Rule city to vacate, abandon and close any street, alley or easement in such city or town upon a
petition of all of the abutting owners on said street, alley or easement; and
WHEREAS, Peter and Tamala Creviston are the sole owners on the side of that certain
portion of a pedestrian access easement and a drain right-of-way described as lying and being
situated between Lots 15 and.16, Block 6 of the Thistle Creek Subdivision,Unit 4 in said City, as
more fully shown by plat of record in the Plat Records of Guadalupe County, Texas; and
WHEREAS, the said Owner has requested the City Council to vacate and abandon said
portion of a sidewalk easement; and
WHEREAS,the City Council of the City of Cibolo,upon receipt of said request,on the 18th
day of August, 2006, acting under authority of Tex. Loc. Gov't Code 272.001, appointed Rudy
Klein,a licensed engineer in Bexar County,Texas to appraise the value of the city's interest in said
easement,and the said Mr.Klein reported to the City Manager that the value of the city's interest in
said easement is $50.00; and
WHEREAS,the abutting owners,Peter and Tamala Creviston,have tendered$50.00 in cash
to the City Manager; and
WHEREAS,the said City Council fmds and declares that it is in the best interest of all of the
citizens of the City of Cibolo that said portion of the sidewalk easement described above be vacated
and abandoned. There is hereby retained in the portion of the sidewalk easement to be vacated, a
permanent easement for all City utilities.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
Section 1. The portion of the pedestrian access easement and drain right-of-way
lying and being between Lots 15 and 16, Block 6 of the Thistle Creek Subdivision, Unit 4 in said
City, as more fully shown by plat of record in the Plat Records of Guadalupe County, Texas, is
hereby vacated and abandoned. A legal description of the property to be abandoned is attached as
Exhibit A.
Section 2. A review has been made by the City Manager and the City Attorney,and they
have approved the City abandonment of this portion of the sidewalk easement.
Section 3. Said portion of the pedestrian access easement and drain right-of-way is not
needed for public purposes and it is in the public interest of the City of Cibolo to abandon said
described portion of this public easement and right-of-way. The abandonment provided for herein
shall extend only to the public right,title and easement in said property described in this ordinance
and shall be construed only to that interest the governing body of the City of Cibolo may legally and
lawfully abandon. There is hereby retained in the portion of the pedestrian access easement and
drain right-of-way to be abandoned, a permanent easement for all City utilities.
Section 4. 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 portion of the
pedestrian access easement and drain right-of-way described in Section 1 of this ordinance save all
present and future utility easements, to Peter and Tamala Creviston, the owners of the property
abutting upon said pedestrian access easement and drain right-of-way. The consideration for said
sale,heretofore received,shall be deposited in the street maintenance fund,as required by Tex.Loc.
Gov't Code 253.001, as amended.
Section 5. A value evaluation has been conducted for the property subject to this property
was performed on the 21st day of August, 2006. The market value was determined to be $50.00.
PASSED AND APPROVED,the day of i) v y vs f ,20 0.6 .
Ji<te/
o R.
y Suilor ayor
'ity of M.. o, Texas
ATTEST:
Peggy Cimics, City Secretary
City of Cibolo,Texas
APPROVED AS TO FORM:
Susan C. Rocha, City Attorney
City of Cibolo, Texas
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Exhibit A
LEGAL DESCRIPTION FOR
All that certain tract and parcel of land situated in the Thistle Creek Subdivision,Unit 4, Simon
Cockrill Survey No. 77 and the A.S. Lewis Survey No. 78John Saladin Survey No. 404 in
Guadalupe County, Texas, and,being 0.0574 acres and being described by metes and bounds as
follows:
BEGINNING:At the northwest corner of Lot 16,Block 6 of the Thistle Creek Subdivision,Unit
4;
THENCE: S 30° 27' 39"E a distance of 125.00 feet to a point for a corner of this Tract;
THENCE: S 59° 32' 21"W a distance of 20.00 feet to a point for a corner of this Tract;
THENCE: N 30°27' 39"W a distance of 125.00 feet to a point for a corner of this Tract;
THENCE: N 59° 32' 21"E along the south right-of-way line of Spice Oak Lane a distance of
20.00 feet to the POINT OF BEGINNING and containing 0.0574 Acres.
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