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,-
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,;:.-- . •' 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:-.-
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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. .
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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