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ORD 36 10/21/1970 IIP • •O7 ORDINANCE NO. 3(0 AN ORDINANCE TO INCLUDE CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF CIBOLO, TEXAS: WHEREAS, there has been presented to the Mayor and City Council of the City of Cibolo, Texas, the petition of Josephine Schubert, Independent Executrix of the Estate of Sophie Reiley, Deceased, and Fred L. Cunningham and wife, Mary A. Cunningham, re- questing the annexation of the hereinafter described territory occupied by less than three (3) qualified voters, of which they are the owners, being to the extent of less than one-half (Z) mile in width, continguous and adjacent to the incorporated City of Cibolo, Texas, which petition was filed with the Mayor of the City of Cibolo, on the T{4 day of SEPTC17i73Cr , 1970; and WHEREAS, it appearing to the City Council of the City of Cibolo that said petition has been on file not less than five (5) days and not more than thirty (30) days; that said petition is in due form; that said land is occupied by less than three (3) qualified voters, of which the said Josephine Schubert, Independent Executrix of the Estate of Sophie Reiley, Deceased and Fred L. A Cunnin ham and wife, Mary A. Cunningham, are the sole owners thereof, VOL 434 PAGE 96 and same is to the extent of less than one-half (Z) mile in width, contiguous and adjacent to the corporate limits of the City of Cibolo, Texas; the City Council thereupon proceeded to hear such petition and the arguments for and against the same; and WHEREAS, all requirements of law concerning notice of such annexation and public hearing thereon having been complied with and no objection having been expressed to said annexation, and it being to the best interest of the said city that said tract •. • 1111 ®o .• of land be annexed and such annexation being in all things in accordance with requirements of law and of the ordinance of this city; NOW THREEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, that the following property described in Exhibit "A" , a copy of which is attached hereto and made a part hereof as if the same were fully set out herein, be and the same is hereby received and annexed as a part of the City of Cibolo, Texas, and that the said land and any future inhabitants thereof shall be entitled to all of the rights and privileges of other citizens of the said City of Cibolo, and shall be bound by the acts and ordinances of the said City of Cibolo. PASSED AND APPROVED, this the ® ZIF day of D 0 Tom, 13.E R , 1970. /a/L-0— Mayor ATTEST: City SecretaryG7 THE STATE OF TEXAS X COUNTY OF GUADALUPE X I, the undersigned, City Secretary of the City of Cibolo, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance passed and adopted by the City Council of the City of Cibolo, on the 21day of _OQ i Vt3 CR;, 1970, and which ordinance is recorded in Vol. , page et seq. of the minutes of the City Council of the City of Cibolo. IN WITNESS WHEREOF, I have hereunto set my official sig- nature and affixed the seal of said City, this the 2./Z day of ! C eTo lE.R , 1970. r z4,a A: City Secretary, City of Cibolo, Texas. 410 EXHIBIT "A"• FIRST TRACT: VOL 4 .PAGE 5g I All that certain tract or parcel of land, lying and being in Guadalupe County, Texas, and being the same lard conveyed to Carl Weller by Theresia Eugenia Bening by cieQd dated February 15, 1917 re- corded in Vol . 79, pages 529-30 of the Deed Records of Guadalupe County, Texas, said land being a part of the Geronimo Leal Survey No. 85 in Guadalupe County, Texas, and now particularly described as follows : - BEGINNING at a stake set in the South boundary of the right of way of the Galveston, Harrisburg and " San Antonio Railway 15 feet North '85° East from the Southwest 'boundary line of said Geronimo Leal Sur- vey No. 85 and the Northeast line of the Wm. Bracken Survey No. 65; THENCE South 30° East 218 varas with fence now standing on the Northeast boundary of the Cibolo- Selma road to stake from which a Mesquite stump is South' 30° East 20 inches; THENCE North 60° East 150 varas to a stake ; THENCE North 30° West 158 varas to a stake set in the South boundary of the right-of-way of said Rail- way Company; THENCE with said right-of-way to the place of Begin- ning, and being five acres of land. SECOND TRACT: A11 that certain tract or parcel of land lying and being in the County of Guadalupe, Texas on the waters of the Santa Clara Creek and a part of 100 acres of Land of the Geronimo Leal Survey No. 85, and the ,western part of 273-4/5 acres of said survey conveyed tc Thomas We l i r by Thomas J. Perryman by deed dated January 16, 1.871., and conveyed to Carl Weller by said Thomas Weller by deed dated December 31, 1873 and re- corded in the records of Guadalupe County, Texas, in Book N on pa -;es 67-'8 ard for metes and bounds is more fully described as follows : BEGINNING at the Southwest corner of said 273-4/5 acre tract in the West line of Geronimo Leal Survey No. 85, from which a Hackberry 6 inches bears North 15° East 35-1/5 varas; THENCE North 30 ° West 800 varas to the Southwest cor- ner of a 500 acre tract made for George Schlather; THENCE with said George Schlather ' s South line North 60° East 705-5/10 varas to a stake and mound; THENCE South 30° East 800 varas to a stake. in the North line of 790-1/2 acres made for F. Vordenbaumen; THENCE South 60 ° West 705-5/10 varas with said Vor- denbaumen ' s North line to the place of BEGINNINGand being 100 acres of land of which however we have pre- viously sold and conveyed the following parcels of land to be deducted from said 100 acres namely: To the Galveston, Harrisburg and San Antonio Railway Company a strip of 100 feet wide across said tract from the most Eastern corner, to Guadalupe County a strip of land adjoining the Railway right-of-way on the South side 42 feet wide and used for Highway No. 3; 6 acres of land being the most eastern part South of the High- way and lying between said Highway No. 3 and the South line of this survey and now owned by Adolph Fenske be- ing a total. of 15-41/100 acres previously sold by us and to be deducted from said 100 acres, leaving a • total of 84-59/100 acres this day sold and conveyed to the said Adolph Reiley, and being the same property conveyed by Carl Weller et ux to Adolph Reiley by deed dated December 30, 1924, recorded in Vol. 82, pages l f Q-Qn of Rar,nrrga nf • - - I THIRD TRACT: All that certain land situated in the Geronimo Leal Survey No., 85, patented January 13, 1846, by Patent 360 in Vol . 3, Abst. 210, and being all of the OL 4nn� qq land described in and conveyed by the aforesaid deed J°g PAGE JOufrom Marie Viola Phillips Williams, dated February 5, 1953, recorded in Vol . 264, pages 115-7 of the Deed Records of Guadalupe County, Texas, and in the afore- said deed of trust of even date therewith, and des- cribed in three separate tracts therein, and said deed of trust and deed of conveyance and the records there- of are hereby referred to• and made a part hereof and incorporated herein by reference for all pertinent purposes and for purposes of description. Said land hereby conveyed and said original sur'•:ey are located in Guadalupe County, Texas ; said land hereby con- veyed is described in three tracts as follows: First Tract; The Southwestern portion of a tract of 86. 3 acres of land conveyed to Albert Zunker by the heirs of Thomas Weller, and being the part of sad tract lying South of the Southern Pacific Railroad riglt-of-way; BEGINNING at the Southwest corner of said 86. 3 acre tract, in the Nortl line of t!,e • 1.d S'• ; n-fil o] o road THENr'E North 60 ° East with said road 154 varas to where sa .'e lint' touches the abo•..e rdilrcad . .. ,rht-of-way; [1ENCE in a western direction with said right-of-way Lia where same intersects the Southwest line of said 86. .3 acres of land; THENCE South 30° East 74 varas to the place of BEGIN- NING. Second Tract; BEGINNING at the Southwest corner of the above tract in the North line of the Seguin-Cibolo Road; THENCE South 60° West with said road, and with the South- east line of the Carl Weller 100 acres tract, a distance of 313 feet; THENCE North 30° West 262 feet to the South boundary of the old Seguin-San Antonio Road; THENCE with said highway North 85° East to the North- west corner of the 1 acre tract above described ; THENCE South 30° East 148 feet with West line thereof to - -- -the place of BEGINI-NG,--containing about 11/2 acres o_ f land, and the two tracts hereinabove described by metes and bounds are the same two tract conveyed by Hugo Wuest .to Adolph Fenske by deed dated May 26, 19241, recorded Q;-- . . 111111111W, ,:- ',,;1,- 17_7777-7--,,,,,'..,,,,,,-,!,,,,:::.,,-,,.;.;4; _,,,,:,,,i',.s.,-,:-:,-`-' :•,-!e.! •'''."'' '' ',F-:,-ic -?; ff.% -;-'':,,",,1-‘;'•5'1• r' "t'ff- 3‹:'Z'lx:-,'":-: -'.D.. ,,-,5_,, .,,,_.,.. ...7.,,,e... ... „ ,,, ,,, ,.,.i„, ,•::„!,,,...,!;.,,,,,, ,,,.,•:,i; .: , „„.„!„.,,., „:„.„ .. . ,.,,,.. ,. .....,,,...,3...,, , . .,..:b....,,...., . .,. , . „„ • .. .,... . , . . . . . ..... ,.,.;.a.„ ,,•.:.. .. ._ ..:, .... ,.-:_..f.;.,. .,.,,:?fi:=:_,.'....'--_--•-•-,... , . ____ . , -- ),•,..,,,,4; •'..',:!'i..;..53 . , - ,-•-,,:• -• ':;,'..n': :-;;''It • , . , . , .• , . :' ,,',,• ,,,,,:.f.,-i+)„:-.:' ,;P:':: ,;:.-- . •' r Thirci Tract; BEGINNING at a cedar post in the North: :: ';''.:::: ; ',%:•r''-sei..' - - , boundary line of the - old Se4uin-Selitia Road' in Southeast: , ....' -'•:-::.',. ..'f':','--:4'''''--:::-::•:'-"ic:?:-:1:-.- ) . . line of the Carl Weller 100 acre. tract, 'and the Southwest--4-"_.= - -- ..,:.?!.,,i:i9P.,3•:; - „ --,•::-1,..4f;.,: ::$.(''.. t. corner of the above described 2 acres or more ataurately. . . 11/2 acres; , .. ',--,-, . , - --• -,'.f, -'•-•:''''t..:.rifet _ ,. - ,. .• , _ , " J.:_-,::,; ,,,' , s'•:;,:'"'"--:-.,:-_:;',1-.!`rtekl"--:,' THENCE with said road South 600 Vest435 'feet - •'.., -....-=''-';;' ,'''.en :..- .;:c.'', .P:.-'7'-'01--' : . . ) ,,_ : -- ,,,,,,.., :-.i.,:-?-.:1,i-•t; THENCE North 30° -West, 470 feet to stake in South -line " v.-. - _ -• ,J.,,:,-,',:j':-: ,,;i,-,1,; of the old Seguin-San Antonio. Highway; ' • .. ..' - ..-••,. ,-;-,,...;...,!. .,N,-'.., THENCE North -85° East,with *a*ci'hIghway 501 feet-,tq,''NOrth, --''' ';', `,,••:.'.'",ivi,-,:f.OW:,'-j- :, , -', • ,,,..., , -,- - ._ -,-, ,, ', ,'.-,'.M.z::::'1",,-,;;A:., ' . *est. .corner..of Second TraCt above, , •. - . : . : -: 4 ,.. 1: :, -;, --, ,,,';', ;:,: a.,,,:lAB-, , - , • THENCE South 30° East with said Southwest line Of --sa42.4:. --.- :,••-.- `--;' ,';'1;':'::.A8.•:-‘1P.,,,, , .. - • --:Seeorid Tr act 250 'feet to the place-Of BEGINNING,--contain- ing . , 4 acres, more 614:;-:ies$,::..and being the same ]and: con-il - • ' ' . • — •' - ' .;• "_ :::;',,F..f. veyed to Adolph:. Feiiske-by Carl Weller "et' t* :by de'ed-:-.:re=. corded in Guadalupe i County Deed Record, Book 7. .,,. page, 897. .• •,,,.,-,-_. LESS AND ,EXCgPT;',:tionvilli:_a strip of land 60 feet wide , . . , --'.,1'.,•?-'::::-.•; and 709 feet long 'lying on the sOuth, side of the rrail- road right-of-way tract and parallel to saidO.H"...!si s,.:A . ,.. ,•:, '1',;',3,..-:;- . right-of-way, containing :0,:.976 ,acres, conveyed by }logo,,, , , -,, .,. ..;- '-:,, T,Lw:,.• Wuest to Guadalupe County., by deed dated June 20, ilit,;-,-,',..' - recorded in vol. 68, page 183 of the Deed -Records, of '''' , ''',-_'..,_,:,„:•.,.:!!1.-,; :".'4. -.;;., said County, and also less that strip conveyed by Luther '---,, ,'. ''';',?...;:3 ,'-iVil::•'.. B. Williams et uk to the State ,Of 'Texas by deed dated: May 1, 19 :1 •,, recorded in Vol. 249; page 507 of the Deel . Records :of Gi.1 acla lupe County, Texas, and all Parts of the . =,. ,',•/;.§4..y.:_'?,,,. ; above described land conveyed' or used highway and road ' - • -, , i•••-:;-:-::::;. : purposes. . . , - :,.. , ,;.s '::;' •,'.' ' , . , ' - ' ' '-..•': • ' . - .- ' - ,-.-L' : ,..:•...• . . . , . . . . . - . . , . , , . . ' _ , ,•••• . ' . • ... • •.•.. . . , ' . . . . , •• ., , . , . ,, _ . , . : • . . . . ...... ' . • • ; ;' :-- :1-1;:e_;,, : . . - • „ ' ,•;..:!•,'".!;-:-.' • „ . ' .,.• ' . _ ,,i,•, ' . . • .. . „ • - - - - - ---'- . , . . , • ' ..'..;: l.:!. ' . AE STATE OF TEXAS, ) , I, FRANK SCHMIDT, Clerk of the County Court in and for sarri-zlil-A,,.:, -i'OUNTY OF GUADALUPE ) , - , •-2;,-',:P; o 0/ '- ,:. --_ ,, ,',--. • , ;ounty, do lierel;Y:"Cerfjfy that the foregoing instrument of writing dated the I d437 . . _....- 7 O with its certificate of authentication was filed for Record in my,oli,..,,:-p,,, ,-5 .-3-e o'clock P -M. and Only .repa'fiq't-'::'•";d:•.--:'• n -6:: - —day of i-=2-0-17?-- : 19 '20, at -3. • -;;;;-.: -- 19 '7O , at '/- '9.1° o'clock P . M., in - — Deed.s:,',,Ft•-:'i.c.,-;;".7.4 n &i.,••• day of .-no-o-', .. . . :-.;-- ,--_-.• ., :, 4 4 on Pages 5-9 6- ecord ICA!-said Counti.in Vol. Wi'L':NESS my hand and the seal of office in Seguin, the day and year last written:_ah"7.e.i: ,,,-.7.6,,,:i.,L••:, • •• --,:::.-,'...k,,,',-,:;:,-:--'• .• • ,.' --,..-,-' ,: • . , , - - ',, -,:,•'-.';-',`‘ri:ZI-,:`:;-P, FRANK SCHMID1 ; ., , :,,,d.iy,•;qi:•,,,,.,,.:, :', ".... --, ,,Y.: '•-:.:- , , , 41', , . i'' . DA*" - Coupty:Court, - Guadatimf.,Q61 h17-7: .:TO.V;pi- :,•1:-:-:. .:,..::_ ::.:,- - • .'' '.'. .. • .:: ...,;.".,:-,,, • ••,,•'--1,,,... ,":;-::-,;".•-• -:- ,• .1:,• ,:- , .-,,c.,,,:'-....' •- = -:'," -• __ •: „• • i • • • • • ,•, VOL 434 PAGE 500 THE STATE OF TEXAS X 4.COUNTY OF GUADALUPE X -±t11-1-..' " � •t1 .1; { ,E^� 4 .gin, �'. BEFORE ME, the undersigned, a Notary Public in and for said County and State, on ;this day personally appeared Fred L. Cunningham and wife, Mary A. Cunningham, known to me to be the persons whose names are subscribed to the foregoing instuument and akcnowleged to me that they executed the same for the purposes and consideration therein espressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ) ! (a day of .8 .,.L .... , 1970. , 2CACJ2 ct`; ✓c. Notary ublic in and cor -1 .' ' /' Guadalupe County, Texas. •c= t a • ..f .•++... •.+..@+S•���` n. _ 2 - , • • • 00 illr _ _ _ _ FIRST TRACT : All that certain tract or parcel of land, lying and being in Guadalupe County, Texas, and being the same land conveyed ko Carl Weller by Theresia Eugenia Bening by deed date February 15 , 1917 re- corded in Vol. 79 , pages 529-30 of the Deed Records of Guadalupe County, Texas, said land being a part of the Geronimo Leal Survey No. 85 in Guadalupe County, Texas , and now particularly described as follows : BEGINNING,at a stake set in the south boundary of the right of way of the Galveston Harrisburg and San Antonio Railway 15 feet N. 85° E. from the S.W. boundary line of said Geronimo Leal Survey No. 85 and the N.E. line of the Wm. Bracken Survey No. 65; THENCE S. 30° E. 218 varas with fence now standing on the N.E. boundary of the Cibolo-Selma road to stake from which a Mesquite stump is S 30° E Twenty inches; THENCE N. 60° E. 150 varas to a stake; THENCE N. 30° W. 158 varas to a stake set in the south boundary of the right of way of said Railway Company; THENCE with said right of way to the place of begin- ning, and being five (5) acres of land SECOND TRACT: ' All that certain tract or parcel of land lying and being in the County of Guadalupe, Texas on the waters of the Santa Clara Creek and a part of 100 acres of land of the Geronimo Leal Survey No. 85 , and the western part of 273-4/5 acres of said survey conveyed to Thomas Weller, by Thomas J. Perryman by deed dated January 16th 1871 , and conveyed to Carl Weller by said Thomas Weller by deed dated December 31 , 1873 and recorded in the records of Guadalupe County, Texas, in book N. on pages 67 and 68 , and for metes and bounds is more fully described as follows : BEGINNING at the southwest corner of said 273-4/5 acre tract in the west line of Geronimo Leal Sur- vey No. 85 , from which a Hackberry 6 ins. bears N. 15 degrees E. 35-1/5 varas; THENCE North 30 deg . west 800 varas to the S.W. corner of a 500 acre tract made for George Schlather; THENCE with said George Schlather' s south line N. 60 deg. E. 705-5/10 varas to a stake and mound; THENCE south 30 deg. E. 800 varas to a stake in the N. line of 790-1/2 acres made for F. Vordenbaumen; Aft- • 1.0 .,,,„ VOL 434 PAGE 601 THENCE S . 60 deg. W. 705-5/10 varas wi%ii sated Vordenbaumen ' s notch line to the place of beginning and being 100 acres of land of which however we have previously sold and conveyed the following parcels of land to be deducted from said 100 acres namely: To the Galveston, Harrisburg and San Antonio Railway Company a strip 100 feet wide across said tract from the most eastern corner, to Guadalupe County a strip of land adjoining the Rail- way right of way on the south side 42 feet wide and used for Highway No. 3 ; 6 acres of land being the most eastern part south of the Highway and lying between said Highway No. 3 and the south line of this Survey and now owned by Adolph Fenske being a total of 15-41/100 acres previously sold by us and to be deducted from said 100 acres, leaving a total of 84-59/100 acres this day sold and conveyed to the said Adolph Reiley, and being the same prop- erty conveyed by Carl Weller et ux to Adolph Reiley by deed dated December 30 , 1924 , recorded in Vol. 82 , pages 189-90 of the Deed Records of Guadalupe County, Texas. THIRD TRACT: All that certain land situated in the Geronimo Leal Survey No. 85 , patented January 13 , 1846 , by Patent No. 360 in Vol. 3 , Abst. 210 , and being all of the land described in and conveyed by the afore- said deed from Marie Viola Phillips Williams, dated February 5 , 1953 , recorded in Vol. 264 , Pages 115- 117 of the Deed Records of Guadalupe County, Texas, and in the aforesaid Deed of Trust of even date therewith, and described in three separate tracts therein, and said Deed of Trust and Deed of Con- veyance and the records thereof are hereby referred to and made a part hereof and incorporated herein by reference for all pertinent purposes and for purposes of description. Said land hereby conveyed and said original survey are located in Guadalupe County, Texas. Said land hereby conveyed is described in three tracts as follows : FIRST TRACT: The southwestern portion of a tract of 86 .3 acres of land conveyed to Albert Zunker by the heirs of Thomas Weller, and being that part of said tract lying south of the Southern Pacific Railroad Right of Way; BEGINNING at the SW corner of said 86 . 3 acre tract, in the north line of the old Seguin-Cibol.o Road; THENCE N. 60° E. with said road 154 varas to where said line touches the above railroad right of way; THENCE in a western direction with said right of way to where same intersects the SW line of said 86 .3 acres of land; THENCE S . 30° E. 74 varas to the place 'pecTinninq. 411 ® SECOND TRACT: BEGINNING at the SW corner of the above tract in the North line of the Seguin-Cibolo Road; THENCE S. 60° W. with said road, and with the SE line of the Carl Weller 100 acres tract, a distance of 313 feet; THENCE N. 30° W. 262 feet to the south boundary of the old Seguin-San Antonio Road; THENCE with said highway N. 85° E. to the NW corner of the lacre tract above described; THENCE S. 30° E. 148 feet with west line thereof to the place of beginning, containing about 1-1/2 acres of land, and the two tracts hereinabove described by metes and bounds are the same two tracts con- vpyed by Hugo Wuest to Adolph Penske by deed dated May 26 , 1924 , recorded in Guadalupe County Deed s) `.Record Book 73 , page 604 . VOL 411 PAGE Q HD TRACT: BEGINNING at a cedar post in the north boundaryline of the old Seguin-Selma Road in SE line of the Carl Weller 100 acre tract, and the SW corner of the above described 2 acres or. more accurately 1-1/2 acres; THENCE with said road S. 60° W. 435 feet; THENCE N. 30° W. 470 feet to stake in south line of the old Seguin-San Antonio Highway; THENCE N. 85° E. with said highway 501 feet to NW corner of SECOND TRACT above; THENCE S . 30° E. with said SW line of said SECOND TRACT 260 feet to the place of beginning, containing 4 acres , more or less and being the same land con- veyed to Adolph Fensky by Carl Weller et ux by deed recorded in Guadalupe County Deed Record Book 73 , page 607. • LESS AND EXCEPT, HOWEVER, a strip of land 60 feet wide and 709 feet long lying on the south side of the railroad right of way tract and parallel to said G.H. & S .A. Right of way, containing 0 . 976 acres , conveyed by Hugo Wuest to Guadalupe County, by deed dated June 20 , 1921 , recorded in Vol . 68 ,p. 183 of the Deed Records of said County, and also less that strip conveyed by Luther B. Williams et ux to the State of Texas by deed dated May 1 , 1951, re- corded in Vol. 249 , Page 507 of the Deed Records of Guadalupe County, Texas, and all parts of the above described land conveyed or used for highway and road purposes . • it lL� .- .....� ..._ ..t i��f:i it� �iY.L\ %�i�°^�i:Ai� tvuFiae u:.. .,�:.t 1:fir: ... ., .-..a"•Li.,.., THE STATE OF TEXAS } I, FRANK SCHMIDT, Clerk of the County Court in County of Guadalupe and for said County, do hereby certify that the foregoing instrument of writing dated the. ..day of `7-14:21'- - -, 197 0. , with its certificates of authentication, was filed for Record in my office the - 67:-4.,_._.day of - moi/`, 1970. , at.....3 • o'clock P M., and duly recorded the_.9_r._.day of - -72.4-11- 1970. , at `f j o'clock._P M., in DEED- Record of-said County in Vol `f , on Pages--!-L2 - le a a- WITNESS my hand and the seal of the County Court of said County, at office in Seguin, Texas, the day and year last-written'above. FRANK SCHMIDT, Clerk County Court, Guadalupe County. ---- . ' ..... ... ��%. Deputy i 7