RES 1551 06/13/2017 OF C/
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TEXAS
"Cit_g of Choice"
RESOLUTION NO. 1551
A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS, ACCEPTING AN OFFSITE DRAINAGE EASEMENT FOR
BUFFALO CROSSING UNIT 5-A; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF ACCEPTANCE OF THE EASEMENT.
WHEREAS, on August 26, 2013, Buffalo Creek Partners, LTD., filed in volume
4132, pages 0028 through 0031, of the Public Records of the County Clerk of Guadalupe
County, Texas as Document No. 13-18537, an instrument entitled "Off-Site Drainage
Easement, Buffalo Crossing Unit S-A"; and
WHEREAS, the instrument was recorded without the approval of City Council
of the City of Cibolo, Texas, as required by law, including Texas Local Government
Code Section 280.002; and
WHEREAS, City Council deems it appropriate to ratify the conveyance of the
"Off-Site Drainage Easement, Buffalo Crossing Unit S-A" by.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CIBOLO, TEXAS, THAT:
SECTION 1. The conveyance of the "Off-Site Drainage Easement, Buffalo
Crossing Unit S-A" by instrument dated August 26, 2013, from Buffalo Creek Partners,
LTD., and that is on filed in volume 4132, pages 0028 through 0031, of the Public
Records of the County Clerk of Guadalupe County, Texas as Document No. 13-18537, is
hereby approved and accepted.
SECTION 2. The City Manager is authorized and directed to execute and record,
in the public records of the Guadalupe County Clerk, a memorandum of acceptance of
the aforementioned easement
1
SECTION 3. That the findings of fact, recitations, and provisions set out in the
preamble of this resolution are adopted and made a part of the body of this resolution, as
fully as if the same were set forth herein.
SECTION 4. That it is hereby officially found and determined that the meeting at
which this resolution is passed is open to the public as required by law and that public
notice of the time,place, and purposed of said meeting was given as required.
PASSED AND APPROVED this,the -_day of June, 2017.
CITY OF CIBOLO TEXAS
BY:
Allen Dunn, Mayor
ATTEST:
BY:
Peggy Cimics
City Secretary
2
MEMORANDUM OF ACCEPTANCE OF OFF-SITE DRAINAGE
EASEMENT, BUFFALO CROSSING UNIT 5-A
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE
PRESENTS
COUNTY OF GUADALUPE §
Pursuant to the authorization given the undersigned, pursuant to Resolution No.
/5 5/ , passed and approved by the City Council of Cibolo, Texas, this
memorandum is filed in the Public Records of the County Clerk of Guadalupe County,
Texas, to memorialize the City of Cibolo's acceptance of the "Off-Site Drainage
Easement, Buffalo Crossing Unit 5-A" recorded on August 26, 2013, by Buffalo Creek
Partners, LTD., volume 4132, pages 0028 through 0031, of the Public Records of the
County Clerk of Guadalupe County, Texas as Document No. 13-18537.
Executed this /3 day of -,7a, , 2017.
CITY OF CIBOLO
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Robert Herrera, City Manager
State of Texas
County of Guadalupe
This instrument was acknowledged before me on the day of 0u , 2017 by
Robert Herrera, City Manager of the City of Cibolo, a Texas home rule municipal
corporation, on behalf of said corporation.
(Personalized Seal) / l
Notary Public
PEGGY CIMICS
Notary PubliC,state of Texas
My Commission Expires
=a';Eof•�:•� August 07, 2018
3
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402.8
OFF-SITE DRAINAGE EASEMENT
BUFFALO CROSSING UNIT 5-A
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT, BUFFALO CREEK PARTNERS, LTD., a Texas Limited Partnership whether one or
more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) and
other good and valuable consideration to Grantor in hand paid by the CITY OF CIBOLO, TEXAS,
hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged, does
GRANT, DEDICATE and CONVEY to the Grantee, the easement and right to construct, reconstruct
and perpetually maintain drainage facilities, (the Facilities"), together with all incidental improvements,
in, upon and across certain real property located in the City of Cibolo, Guadalupe County, Texas, as
more particularly described in Exhibit "A", which is attached hereto and made a part hereof by
reference as if fully set forth herein (the "Easement Property").
TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns,
together with the right and privilege at all times to enter the Easement Property, or any part thereof,
and with the right of access across Grantor's adjacent property for ingress and egress to the
Easement Property for the purpose of constructing, reconstructing and maintaining the Facilities, and
all incidental improvements therewith. Grantee, its successors and assigns, shall have the right to
construct, reconstruct and perpetually maintain additional Facilities at all times in the future within the
Easement Property.
Grantee will at all times after doing any work in connection with the construction, operation or
repair of the Facilities, restore the surface of the Easement Property as close to the condition in which
it was found before such work was undertaken as is reasonably practicable, except for trees, shrubs
and structures within the Easement Property that were removed as a result of such work.
Page 1
132 Flo 02!9
In the event that an alternate easement, public right of way or similar designation is dedicated
by a plat, and alternate infrastructure facilities are provided which are acceptable to the City of Cibolo,
Texas and available for use by Grantee, Grantee agrees by accepting this easement to abandon all
right, title and interest of Grantee in and to the easement provided herein, or any portion thereof, and
to cooperate with the dedication as required and this Easement shall terminate.
SIGNED my hand this 8th day of August, 2013.
BUFFALO CREEK PARTNERS, LTD.
1401 Burnham Drive
Plano, Texas 7
By.. Inter o GP, L.L. Partner
Cary L. Cobb, Vice eside
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the 8th day of August, 2013, by Cary L.
Cobb, Vice President of Intermandeco GP, L.L.C., General Partner of Buffalo Creek Partners, Ltd., a
Texas Limited Partnership on behalf of said partnership.
GIVEN UNDER MY HAND AND SEAL this 12 day of �/ ,dn, , 2013.
Noftyalw
��� Notary Pu lic in and for the
OF MYCOMM-bP10/12/2016 State of Texas
AFTER RECORDING PLEASE RETURN TO:
Buffalo Creek Partners, Ltd.
1401 Burnham Drive
Plano, T% 75093
Page 2
YRS 132, F19-03.0
LEGAL DESCRIPTION—Sheet i of 2
EXHIBIT`A' -Drainage Easement
BEING,a tract of land situated in the Trinidad Garcia Survey,Abstract No.94,Guadalupe County,
Texas,being out of a 50.23 acre tract,as described in Volume 2338,Page 605 in the Oficial Public
Records of Guadalupe County, Texas,being more particularly described as follows:
COMMENCING, at an '/Z inch iron rod found at the most westerly northwest corner of Buffalo
Crossing Phase 4B,an addition to the City of Cibolo,as described in DocumentNumber 11-006003,
in the Plat Records of Guadalupe County, Texas,being in the north line of said 50.23 acre tract;
THENCE, South 59°17'43"West,along the north line of said 50.23 acre tract,for a distance of
396.54 feet,to a %2 inch iron rod found at an interior ell corner of said 50.23 acre tract;
THENCE,South 59°04'46"West,departing said north line, for a distance of 10.00 feet, to the
POINT OF BEGINNING;
THENCE, South 59°04'46"West,for a distance of 100.00 feet, to a calculated point for corner;
THENCE,North 30'55'14"West,for a distance of 483.12 feet,to a calculated point for corner;
THENCE,North 59°04'46"East,for a distance of 100.00 feet,to a calculated point for corner;
THENCE, South 30'55'14"East,for a distance of 483.12 feet,to the POINT OF BEGINNING
and containing 1.109 acres of land.
SCALE 1" - 100'
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\ / 61.75 ACRE TRACT
VOL 530, PG. 650
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POINT OF COMMENCING
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Note: PROPOS D\
Beorings are referenced to Buffalo Crossingg'� Subdivision, BUFFALO CROSSIN SUBDIVISION
Unit 3,as recorded in Volume 7, Page 107-T Sin the Plot UNIT 5
Records of Guadalupe County, Texas. BUFFALO CREEK PARTNERS, LTD. CIO
.obi.
VOL. 2338,PG. 605
_CORWIN ENGINEERING, INC EXHIBIT 'A'- SHEET 2 OF 2
I 200 W. BELM4NT. SUITE E, ALLEN, TEXAS 75013 972.396 1240 DR`�'E EASEMENT 1'109 AC.
TRINIpAp CARCIASURVEY, A$STRACT N0. 94
\dgn\surplt.dgn 7/8/20113:45:39 PM GUADALUPE COUNTY, TEXAS